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IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY
STATE OF
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NANCY L. DeVORE,
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Plaint,ifj;
VLlI',i;llS
JAMES H, DeVORE,
Defendant
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DECREE IN
DIVORCE
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AND NOW, .. .~f. p.tf.0:<7fq.GI... .I~,....., 19 .~.i.., it is ordered and
decreed that... .. . .. . . . . . .l'l~C;-': .~'. .~'{q~. .., . . .. .. , ..... ...., plaintiff,
and....................... ,J1\l'IIl? !l.'. ~YP~.................,., defendant,
are divorced from the bonds of matrimony,
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The court retains jurisdiction of the following claims which have
been raised of record in this action for which a final order has not yet
been entered;
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mer.ge.d into ,th.is. .Decree... . . . . . . . . . . . . . . . . . . , . . . . . . , , , . . . . . . . . . . . . . . . . . . . . . .
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SEPARATION AGREEMENT
TIllS Agreement made this
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,1992
day of
by and between NANCY L. DeVORE, of 200 Pine Hill Road, Carlisle, Cumberland County,
Pennsylvania, hereinafter referred to as WIFE, and JAMES H. DeVORE, of 200 Pine Hill Road,
Carlisle, Cumberland County, Pennsylvania, hereinafter referred to as HUSBAND,
WITNESSETH:
WHEREAS, the parties hereto are husband and wife, having been joined in marriage on
June 22, 1974, in Carlisle, Cumberland County, Pennsylvania; and
WHEREAS, diverse and unhappy differences have arisen between the parties, so that the
parties wish to separate; and
WHEREAS, the parties hereto are desirous of settling fully and finally their respective
financial and property rights and obligations as between each other, including, without limitation,
the settling of all matters between them relating to the ownership of real and personal property,
and in general, the settling of any and all claims and possible claims against the other or against
their respective estates,
NOW, THEREFORE, in consideration of these considerations, and the mutual promises and
undertakings hereinafter set forth, and for other good and valuable consideration, receipt and
sufficiency of which is hereby acknowledged by each of the parties hereto, HUSBAND and WIFE,
each intending to be legally bound, hereby covenant and agree as follows:
1. Advice of Counsel: The parties hereto acknowledge that each has been notified of
his or her right to consult with counsel of his or her choice, and have been provided a copy of this
agreement with which to consult with counsel. WIFE is represented by Carol J, Lindsay, Esquire,
II
,
and HUSBAND, has been advised that he may be represented by counsel of his choice. Each party
acknowledges and accepts that this agreement is, in the circumstances, fair and equitable, and that
it is being entered into freely and voluntarily, after having received such advice and with such
knowledge as each has sought from counsel, and that execution of this agreement is not the result
of any duress or undue influence, and that it is not the result of any improper or illegal agreement
or agreements.
2. Divorce: Either party may file a Decree for Divorce at any time. HUSBAND will
pay the filing fee and up to Three Hundred ($300.00) Dollars of attorneys' fees to initiate the
divorce process. In the event that WIFE files a Complaint for Divorce, HUSBAND will reimburse
her for the filing fee and up to Three Hundred ($300.00) Dollars of attorneys' fees paid by WIFE
in the pursuit of a divorce.
3. Personal Property: The parties acknowledge that they have equitably and
satisfactorily divided all of their personal property, and that all personal property shall be the sole
and individual property of the party in whose possession it is as of the date of separation. WIFE
will retain the 1990 Toyota Corolla and pay the balance of the loan for the purchase price taken
with Defense Activities Federal Credit Union for the Corolla. WIFE shall indemnify and hold
HUSBAND harmless against any claim as a result of said loan. HUSBAND will retain the 1967 EI
Camino. WIFE relinquishes any claim which she has or may have had to said vehicle.
The parties acknowledge that each has a right to a pension to his or her employer.
HUSBAND relinquishes any claim which he may have to WIFE's pension which shall remain
WIFE's separate property. WIFE relinquishes any claim which she may have to HUSBAND's
pension, and his pension shall be his separate property.
2
4. Real Property: The parties were owners of a certain home at 200 Pine Hill Road,
Carlisle, Cumberland County, Pennsylvania, conveyed to them on June 28, 1979 by a deed from
Kenneth J. Deihl and Gloria M. Deihl, and recorded in the Office of the Recorder of Deeds of
Cumberland County, Pennsylvania, in Deed Book "M", Volume 28, Page 831. HUSBAND conveys
to WIFE all his right, title and interest to said marital home and will, on the date of this
Agreement, execute a deed conveying said interest to WIFE. WIFE shall be solely liable for the
mortgage payments to Harris Savings and Loan, and will indemnify and hold HUSBAND harmless
against any claim by Harris Savings and Loan on account of the first mortgage on the real property
conveyed.
5. Alimony: The parties waive any claim that they may have one against the other for
alimony or spousal support. The parties acknowledge that each has sufficient assets with which to
maintain themselves after divorce.
6. Marital Debt: The parties acknowledge that during marriage they have incurred
certain debt which is marital debt. HUSBAND will pay the DAFCU Visa account, No. 4121-4499-
9828-0379 in the amount of One Thousand Four Hundred Two Dollars and 04/100 ($1,402.04).
HUSBAND will pay the FCNB Processing Center (Spiegel), Account No. 15-0049-198-8 in the
amount of Four Hundred Fifty-one Dollars and 45/100 ($451.45). HUSBAND will pay the DAFCU
unsecured loan, Account No. 28037DE, Suffix: 09, in the amount of Eight Hundred Eighty-six
Dollars and 53/100 ($886.53). WIFE shall notify the creditors named above that she relinquishes
any right to additional credit on said accounts. HUSBAND, to the extent permitted by the creditors
will have full responsibility for said account.
3
HUSBAND agrees to pay the second mortgage on the marital home to Harris Savings
Association, Account No. 17-40-000476. HUSBAND will indemnify and hold WIFE harmless
against any claim against her on account of the debts for which he is responsible.
Each party will incur no debt for which the other may, in the future, be liable, and
will indemnify and hold the other harmless for any debt so incurred.
7. Custody: The parties are parents of a daughter, JENNA L DeVORE, born
November 7, 1985. The parties shall share legal custody of said child. WIFE shall have primary
physical custody of said child, and HUSBAND shall have partial custody at such times as the parties
can agree.
8. Child Support: HUSBAND agrees to pay and WIFE agrees to accept Three Hundred
Dollars and 00/100 ($300.00) per month for the support of the parties' minor child, JENNA L
DeVO~. Said payment will be made directly by the HUSBAND to the WIFE on or before the
j) 1 fL; --#L day of each month, commencing March, 1992. At any time, either party may petition
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the office of Domestic Relations of the Court of Common Pleas of Cumberland County,
Pennsylvania, to incorporate this provision for child support into an Order of Court.
9.
Reconciliation:
In the event that the parties hereto reconcile for any period of
time, the terms of this Agreement shall not be effected by said reconciliation, and this Agreement
shall continue with full force and effect until modified, in writing, by the parties hereto.
10. Applicable Law: All acts contemplated by this agreement shall be construed and
enforced under the laws of the Commonwealth of Pennsylvania.
4
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11. Agreement Binding on Parties and Heirs: This agrcement, except as othcrwise
exprcssly provided herein, shall bind the parties hereto, and their respective heirs, executors,
administrators, lcgal representatives, assigns and successors in any interest of the parties.
12. Agreement Not to be Merged: This agreement shall be incorporated into the final
decree of divorcc of the parties hereto for purposes of enforcemcnt only, but otherwise shall not
be merged into said decree. The parties shall have the right to enforce this agreement under the
Divorce Code of 1980, as amended, and in addition, shall retain any remedies in law or in equity
under this agreement as an independent contract. Such remedies in law or equity are specifically
not waived or released.
13. Documents: The parties hereto agree that they will execute and deliver one to the
other any documents necessary to give effect to the terms of this Agreement.
IN WITNESS WHEREOF, the parties hereto have set their hands and seals the day and year
first above written.
Witness:
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:! Nancy L DeVore
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/ James I-!. DeVore
(Seal)
(Seal)
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NANCY L DeVORE, . IN THE COURT OF COMMON PLEAS OF
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PlaIntIff CUMBERLANDCOUNTY,PENNSYLVAN~
.
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v. CIVIL ACTION - DIVORCE
. NO. 94-2672 CIVIL TERM
.
JAMES H. DeVORE, .
.
Defendant . IN DIVORCE
.
PRAECIPE TO TRANSMIT RECORD
To the Prothonotary:
Transmit the record, together with the following Information, to the court for entry of a
divorce decree:
1. Ground for divorce: Irretrievable breakdown under Section (3301 (c)) (3291 (9) (1))
of the Divorce Code. (Strike out Inapplicable section).
2. Date and manner of service of the complaint: Mav 23. 1994. Defendant signed
Acceotance of Service
3. (Complete either paragraph (a) or (b)).
(a) Date of execution of the affidavit of consent required by Section 3301 (c) of
the Divorce Code: by the Plaintiff Seotember 5. 1994 ; by the
Defendant Seotember 6.1994
(b) (1) Date of execution of the Plaintiff's affidavit required by Section 3301 (d) of
the Divorce Code:
(2) Date of service of the Plaintiff's affidavit upon the Defendant:
4. Related claims pending: None
5. Indicate date and manner of service of the notice of intention to file praecipe to
transmit record, and attach a copy of said notice under section 3301 (d)(1)Q) ofthe Divorce Code.
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JAMES H. DeVORE,
Defendant
IN DIVORCE
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IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNlY, PENNSYLVANIA
CIVIL ACTION - DIVORCE
94- :U.1.2-CIVIL TERM
NANCY L DeVORE,
PlaIntiff
.
.
NQIlCE
YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set forth In
the following pages, you must take prompt action. You are warned that if you fall to do so, the case
may proceed without you and a decree of divorce or annulment may be entered against you by the
Court. A Judgment may also be entered against you for any other claim or relief requested in these
papers by the Plaintiff. You may lose money or property or other rights important to you, including
custody or visitation of your children.
When the ground for the divorce is indignities or irretrievable breakdown of the marriage, you
may request marriage counseling. A list of marriage counselors is available in the Office of the
Prothonotary at the Cumberland County Court House, Carlisle, Pennsylvania, 17013.
IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERlY, LAWYERS
FEES OR EXPENSES BEFORE A DECREE OF DIVORCE OR ANNULMENT IS GRANTED, YOU
MAY LOSE THE RIGHT TO CLAIM ANY OF THEM.
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE
A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH
BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP.
Court Administrator, Fourth Floor
Cumberland County Court House
Carlisle, Pennsylvania 17013
(717) 240-6200
FLOWER, MORGENTHAL, FLOWER & LINDSAY
Attorneys fo the PlaIntiff
By: . Jtt9L
.e
Carol dsay, Esqui e
10 # 44693
11 E. High 51., Carlisle, PA
(717) 243-5513
17013
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NANCY L DeVORE,
PlaIntIff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - DIVORCE
.
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JAMES H. DeVORE,
Defendant
.
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94- .u.. 7.1.. CIVIL TERM
IN DIVORCE
.
.
COM.aAlNI
NANCY L DeVORE, Plaintiff, by her attorneys, FLOWER, MORGENTHAL, FLOWER &
LINDSAY, respectfully represents:
1. The Plaintiff is Nancy L DeVore, who currently resides at 200 Pine Hill Road, Carlisle,
Cumberland County, Pennsylvania, since May, 1981.
2. The Defendant is James H. DeVore, who currently resides at 550 North Hanover Street,
Carlisle, Cumberland County, Pennsylvania, since February, 1991.
3. The Plaintiff and Defendant both have been bona fide residents in the Commonwealth of
Pennsylvania for at least six months immediately prior to the filing of this Complaint.
4. The Plaintiff and Defendant were married on June 22, 1974, in Carlisle, Cumberland
County, Pennsylvania.
5. That there have been no prior actions of divorce or for annulment between the parties in
this or in any other Jurisdiction.
S, The Plaintiff avers that she is entitled to a divorce on the ground that the marriage is
irretrievably broken and Plaintiff is proceeding under Sections 3301 (c) and/or (d) of the Divorce
Code.
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7. Plaintiff has been advised of the availability of marriage counseling and of the right to
request that the Court require the parties to participate In marriage counseling, and does not
request counseling.
8. Plaintiff requests the Court to enter a decree of divorce.
FLOWER, MORGENTHAL, FLOWER Be LINDSAY
Attorneys for the PlaIntIff
C 01 J Undsay, Esq Ire
10 693
11 East High Street
Carlisle, PA 17013
(717) 243.5513
DATE: +'( :jv, {qrrf .
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I, the undersigned, do hereby verify that the statements made in the foregoing
instrument are true and correct to the best of my knowledge, Information and belief. I
understand that statements herein are made subject to the penalties of 18 Pa.C.S. Section
4904, relating to unsworn falsification to authorities.
'if''? d ft, RALu
, Nancy DeVore
DATE: Aorll .-?? 1994.
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IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - DIVORCE
94-2672 CIVIL TERM
NANCY L DeVORE,
PlalnUff
JAMES H. DeVORE,
Defendant
IN DIVORCE
I, JAMES H. DeVORE, Defendant In the captioned divorce action, hereby accept servlce of
the Complaint In Divorce filed by Plaintiff, Nancy L DeVore, on May 19, 1994.
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~ JamesH.DeVore
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DATE: Mav ::23 . 1994.
RECEIVEO
MAY 2 5 1994
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Nancy L DeVore, Plaintiff, being duly sworn according to law, deposes and says:
1. That a Complaint in Divorce under Section 3301 (c) of the Divorce Code was filed on May
19, 1994.
2. That my marriage with James H. DeVore, Defendant, is irretrievably broken.
3. That I consent to the entry of a Decree in Divorce on the groundS that the marriage Is
Irretrievably broken.
4. That I understand that I may lose rights concerning alimony, division of property,
counseling fees or expenses if I do not claim them before a divorce is granted.
I verify that the statements made in this Affidavit are true and correct to the best of my
knowledge, Information and belief. I understand that false statements herein are made subject to
the penalties of 18 Pa.C.S. 4904 relating to unsworn falsification to authorities.
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Defendant
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNlY, PENNSYLVAN~
CIVIL ACTION - DIVORCE
NO. 94-2672 CIVIL TERM
IN DIVORCE
NANCY L. DeVORE,
PlaIntiff
v.
JAMES H. DeVORE,
James H. DeVore, Defendant, being duly sworn according to law, deposes and says:
1. That a Complaint in Divorce under Section 3301 (c) of the Divorce Code was filed on May
19, 1994.
2. That my marriage with Nancy L DeVore, Plaintiff, is irretrievably broken.
3. That I consent to the entry of a Decree in Divorce on the grounds that the marriage is
irretrievably broken.
4. That I understand that I may lose rights concerning alimony, division of property,
counseling fees or expenses if I do not claim them before a divorce is granted.
I verify that the statements made in this Affidavit are true and correct to the best of my
knowledge, information and belief. I understand that false statements herein are made subject to
the penalties of 18 Pa.C.S. 4904 relating to unsworn falsification to authorities.
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James eVore, Defendant
Date: tJC(- at- q~
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