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HomeMy WebLinkAbout94-02914 j :;>- J) .\ 71 JJ Ji J) ~i r, J . , :r: -i 0-' col I I -:r- 0-1 I I i -: ,- ***.~~~~~~~~********~.)*.*~._..~***~~..~ . _.._----'~._----- ,.- ------ - ----~.._----- - . rt:{ W "/ ..., ~\ ~ -,.{ '.' ~! ~I w ',' IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY ~ ',' I'S' STATE OF ~~~ PENNA. ~ ',' $ ~ '.' ~ ~ l\:<< ),q94ilir.. q.q..'.,., I () 94 ~ MICHELLE MAE SEYBOLDr ~, VI'I'...IIS * $ ROBERT J. SEYBOLD, JR'r * " , * ~ DECREE IN DIVORCE AND NOW, ..N,tAJ,~,.,3.,...., 19.Q", it is ordered and ~ '.' ~ ~l' ... w ~.' ,. * d~cr~~d thot ,. MICHELLE, MAE, SEYBOLD. . . , ., , . , . . , . .. , , , " ", plaintiff, nnd .., .ROBERT .J,.. .SSYB.QJ,.O" .J:~,.,.....,.....,."",..""., defendant, ore divorced from the bonds of matrimony. ~ $ * ~ ~ The cOllrt retoins iurisdiction of the following claims which hove been raised of record in this action for which a final order has not yet been entered; All matters have been resolved pursuant to the Agreement reached by the parties dated September 1 1994 and ,i.1199:r'p'q:r;~~,~d, ~~,t nO,tmer.ged i.I'\t;C?, ~,~~. ~.ec ~!'!'.,." . ,.".,"""', * ~ ',' $ * * ~ ~ ~ <:' Alle.l: .x;~"u'Xl"~ t.' .<t.kd. 'f, &..&r<?1"~ J, v,J-(,- ,'~~m .<./ ~~ (/.JT /J&~5 PrnlllOnolary ~ ~. :;' 0::1 !:i' . .:.:. .~> -:+:. ~ ',' ~ ~ ',' v ',' ~ ',' w ',' ~ ,~ ~ ',' ~ '.' ~ '.' ~ ~ ~ '.' ~ ',' ~.. ~ ... 8 a ',' ~ ," ". ~ *- '.' ~ ',' ~ ',' ~ ',' ~ ~ l~ l~ /~ I.,' I,'. i~ l~ , ' ~ ,'. I~ : ' ~* .~ ',' ~ ~ :~ ~ .:.:. .. -. .. c.. " '7 ~ /Ju4w 4 U~ i;;~ ,:;- ~b~ //'';/.9~ , ,.. . , , ,# . .... , . z ~ - ...l ...l ::l (I) 8 111 IE~ o::!1 ~ ::l :5(1) ~ I!:l == < I!:l ~ - < z < ~~ "'~ 8c:i ;~ S1 8 ~ , ..." .1 , PROPERTY SETTLEMENT AGREEMENT THIS AGREEMENT, made this ILl day of ~3t;tll/d/( and between ROBERT J. SEYBOLD, JR., hereinafter referred 1994, by to as "HUSBAND", and MICHELLE M. SEYBOLD, hereinafter referred to as "WIFE". WITNESSETH, That: WHE~S, the parties hereto are husband and wife, having been lawfully joined in marriage on September 6, 1985, in Fairview Township, York County, Pennsylvania and have been separate and apart since May 7, 1994; WHEREAS, there were no children born of this marriage. WHE~S, it is the intention of the parties to settle fully and finally their respective financial and property rights and obligations as between each other arising out of the marriage relationship or otherwise, including without limitation (1) the settling of all matters between them relating to the ownership of real and personal property; (2) the settling of all matters between them relating to the past, present and future support and/or maintenance of HUSBAND and WIFE; (3) the settling of all matters between them relating to any and all rightsr titles and interests, claims and possible claims in or against the estate of the other. NOW, THEREFORE, with the foregoing recitals being hereinafter incorporated by reference and deemed an essential part hereof in /" ~ ., consideration of the foregoing recitals, the mutual promises, :covenants and undertakings herein set forth, and for good and valuable consideration, receipt 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 HUSBAND and WIFE declare that they have each had a full and fair opportunity to obtain independent legal advice of counsel of their selection. WIFE has been independently represented by Barbara Sumple-Sullivan, Esquire. HUSBAND has been independently represented by Thomas L. Kearney, III, Esquire. Both parties further declare that they are executing this agreement freely and voluntarily, having obtained such knowledge and disclosure of their legal rights and obligations and that they acknowledge that this agreement is fair and equitable and is not the result of any fraud, coercion, duress, undue influence or collusion. 2. PERSONAL RIGHTS HUSBAND and WIFE may and shall, at all times hereafter, live separate and apart. Each shall be free from all control, restraint, interference or authority, direct or indirect, by the other in all respects as is she or he were unmarried, except as may be necessary to carry out the provisions of this Agreement. Each may reside at such place or places as she or he may select. Each 2 \~ttW;.~>:"'.. ,.' " .. may, for his or her separate use or benefit, conduct, carryon and I , 'engage in any business, occupation, profession or employment which , j !to him or her may seem advisable. This provision shall not be , i itaken, however, to be an admission on the part of either HUSBAND I [and WIFE of the lawfulness of the causes which led to, or resulted I !in, the continuation of their living apart. HUSBAND and WIFE shall . I , :not molest, harass, or malign the other or the respective families [of each other, nor compel the other to cohabi t or dwell in any , ,manner with him or her, nor in any way interfere with the peaceful ,existence, separate from each other. 3. DEBTS I ': Each party represents that they have not contracted any debt [or liability for the other for which the estate of the other party , , !may be responsible or liable except as otherwise provided herein, 'and that except only for the rights arising out of this Agreement, inei ther party will hereafter incur any liability whatsoever for 'which the other party or the estate of the other party will be liable. Each party agrees to indemnify and hold harmless from and against all future obligations of every kind incurred by them, including those for necessities. 4. WAIVER OF APPRAISAL AND INVENTORY The parties acknowledge and agree that they have each had an ,opportunity to value or have appraised any and all marital 3 II : il II ' :1 'I I ilproperty, and they do hereby waive a formal appraisal and inventory 11 IIOf same, and no statement or representation by either party as to ~ i Ilvalue shall be deemed a misstatement or misrepresentation to the i lother or be deemed fraudulent. " II 'I , i I I i HUSBAND and WIFE do hereby acknowledge that they have !heretofore divided the non-marital assets and marital assets I iincluding but without limitation, business interests, jewelry, , , Iclothes, furniture, stocks, bonds, pensions and other assets 1" , 5. MARITAL AND NON-MARITAL ASSETS , iwherever situated whether real, personal or mixed, tangible or 'intangible, and HUSBAND agrees that all assets in the possession of jWIFE shall be the sole and separate property of WIFE; and, WIFE I Ii ! :agrees that all assets in the possession of HUSBAND shall be the ' i1 i Isole and separate property of HUSBAND. Each of the parties does ii :Ihereby specifically waive, release, renounce and forever abandon I I :i i'whatever claims, if any, he or she may have with respect to any of , the above said items which are the sole and separate property of the other. " HUSBAND and WIFE have previously to their satisfaction !! transferred any and all rights, titles and interests that they " '; [previously held in vehicles jointly owned. Each party hereby iwaives any right or claim against said automobiles now individually . !owned and in the possession of the other. 4 1" , ~ 6. REAL ESTATE The parties jointly own real property located at 311 Lafayette ';Drive, New Cumberland, York County, Pennsylvania. Said property is ,'encumbered by a mortgage held by Harris Savings and Loan Association. WIFE shall transfer all her rightsr title and interest in said real property to HUSBAND subject to all existing liens and judgments of record. As a condition precedent to the ; effectiveness of this transfer, HUSBAND must secure and present to WIFE evidence of her actual release from the existing mortgage and home equity loan. 7. PENSION BENEFITS AND RETIREMENT PLANS Each party hereby waives any and all claims that he or she may 'have against the other to any accounts, pension benefits, retirement plans, employee saving or other stock or employee benefit program of the other. Said benefits shall be and remain the sole and exclusive property of the party in whose name or for whose benefit any such account or plan has been maintained. 8. BANK ACCOUNTS AND INVESTMENTS Each party shall have sole possession of the bank accounts in their own names. 5 r , , 9. MUTUAL WAIVER AND RELEASE OF RIGHTS AND CLAIMS CONFERRED ,BY THE PENNSYLVANIA DIVORCE ACT OF 1980. AS AMENDED HUSBAND and WIFE acknowledge and agree that the provisions of this Agreement are fair, adequate and satisfactory to them. Both i !parties agree to accept the provisions set forth in this agreement 'in lieu of and in full and final settlement and satisfaction of all 'claims and demands that either may now or hereafter have against jthe other for equitable distribution, alimony, alimony pendente 'liter counsel fees, costs and expenses or other provisions for their support and maintenance before, during and after the 'commencement of any proceeding for divorce or annulment between the :parties. I , 10. AFTER ACOUIRED PERSONAL PROPERTY/FUTURE EARNINGS Each of the parties shall hereafter own and enjoy independently of any claim or right of the other, all items of personal property, tangible or intangible, hereafter acquired by HUSBAND or WIFE, with full power in him or her to dispose of the same as fully and effectively, in all respects and for all purposes, as though he or she were unmarried. 11. TAX ON PROPERTY DIVISION The parties hereby agree and express their intent that any transfers of property pursuant to this Agreement shall be within the scope and applicability of the Deficit Reduction Act of 1984 or 6 ~ , other similar tax acts (hereinafter the "Act"). The parties agree to sign and cause to be filed any elections or other documents required by the Internal Revenue Service to render the Act applicable to the transfer set forth in this Agreement, without recognition of gain on such transfer and subject to the carry-over basis provisions of said Act. 12. SUBSEOUENT DIVORCE A decree in divorce, entered by a court of competent jurisdiction to ei ther party, shall not suspend, supersede or affect the terms of this Agreement. Both parties agree to enter a Consent Decree concerning the provisions of this Agreement in the Court of Common Pleas of Cumberland County, Pennsylvania as a part of a resolution of the divorce action filed by WIFE at Docket Number 94-2914. This Agreement, and the terms and conditions contained herein, as well as the enforcement of said terms and conditions, shall be contingent upon the granting of a Divorce Decree to either party by the Court of Common Pleas of Cumberland County, Pennsylvania, or any other Court of competent jurisdiction. Furthermore, both parties hereto agree contemporaneously herewith to execute the appropriate affidavits and consents to secure a No- Fault Divorce as may be required by the Divorce Code of 1980, as amended. Both parties hereto agree that this Agreement may be incorporated but shall not merge into same Divorce Decree. Pennsylvania. 7 " , 13. OTHER DOCUMENTATION HUSBAND and WIFE covenant and agree that upon request of the ,other party, they will forthwith execute and deliver to the other !party, any and all written instruments, assignments, releases, 'isatisfactions, deeds, notes or such other writings as may be necessary or desirable for the proper effectuation of this Agreement. 14. MUTUAL WAIVER AND RELEASE OF RIGHTS AND CLAIMS IN ESTATE Each party hereby releases, waives and relinquishes any and all rights which he or she may now have, or may hereafter have, against the other party under the present or future laws of any jurisdiction (a) to share in the estate of the other party upon the other party's death and (b) to act as executor/rix or administrator/rix of the other party's estate. 15. MUTUAL ~ELEASE HUSBAND and WIFE each do hereby mutually remise, release, quitclaim and forever discharge the other and the estate of such other, for all time to come, and for all purposes whatsoever, of and from any and all rights, title and interests, or claims in or against the property (including income and gain from property hereafter accruing) of the other or against the estate of such other, of whatever nature and wheresoever situate, which she or he now has or at any time hereafter may have against such other, the 8 " Ii iestate of such other or any part thereof, whether arising out of iany former acts, contracts, engagements or liabilities of such i other or by way of equitable distributionr dower or curtesy, or claims in the nature of dower or courtesy of widow's or widower's rights, family exemption or similar allowance, or under the ,intestate laws, or the right to take against the spouse's will, or :ithe right to treat a lifetime conveyance by the other as )1 :itestamentary, or all other rights of a surviving spouse to ;participate in a deceased spouse's estate, whether arising under the laws of (a) Pennsylvania, (b) any state, commonwealth or territory of the United states, or (c) any other country, or and rights which HUSBAND or WIFE may have or at any time hereafter have for the past, present or future support or maintenance, alimony, alimony pendente lite, counsel fees, costs or expenses, whether ,arising as a result of the marital relation or otherwise, except, and only except, all rights and Agreements and obligations of : whatsoever nature arising or which may arise under this Agreement or for the breach of any thereof. Each of the parties hereto further covenants and agrees for himself and herself and his or her heirs, executors, administrators and assigns, that he or she will never, at any time hereafter, sue the other party or is or her heirs, executors, administrators and assigns, for the purpose of enforcing any of the rights relinquished under this paragraph. Each of the parties further covenants and agrees that he or she will permit any will of the 9 " it . il . ,I " ;1 :! i iother to be probated and allow administration upon his or her 'Ipersonal, real or mixed estate and allow effects to be taken out by , Ithe person or persons who would have been entitled to do so had !HUSBAND or WIFE died during the lifetime of the other. Each of the I il'parties hereby releases, relinquishes and waives any and all right to act as executor or executrix or administrator or administratrix , i of the other's estate. , , It is the intention of HUSBAND and WIFE to give to each other by the execution of this Property Settlement Agreement a full, !!complete and general release with respect to any and all property .i :iof any kind or nature, real, personal or mixed, which the other now lowns or may hereafter acquire, except and only except all rights iand Agreements and obligations of whatsoever nature arising or I' ,which may arise under this Agreement or for the breach of any : ' thereof. ;i , 16. SUCCESSOR'S RIGHTS AND LIABILITIES This Agreement shall, except as otherwise provided herein, be binding upon and inure to the benefit of the parties hereto, their ; respective heirs, executors, administrators, successors or assigns. 17. SEPARABILITY If any provision in this Agreement is held by a court of ;competent jurisdiction to be invalid, void, or unenforceable, the remaining provisions shall nevertheless continue in full force and 10 ,- effect without being impaired or invalidated in any way. 18. ENTIRE AGREEMENT HUSBAND and WIFE do hereby covenant and warrant that this Agreement contains all of the representations, promises and Agreements made by either of them to the other for the purposes set forth in the preamble hereinabove; that there are no claims, promises or representations not herein contained, either oral or written, which shall or may be charged or enforced or enforceable unless reduced to writing and signed by both of the parties hereto. 19. BINDING EFFECT OF AGREEMENT/WAIVER This Agreement shall remain in full force and effect unless and until terminated under and pursuant to the terms of this Agreemen t. The failure of either party to insist upon strict performance of the provisions of this Agreement shall not be construed as a waiver of any subsequent default of the same or similar nature, nor shall such failure be construed as a waiver of any other term, condition, clause or provision of this Agreement. 20. BREACH If either party breaches any provision of this Agreement, the other party shall have the right, at his or her election, to sue for damages for such breach or seek such other remedies or relief 11 ,. las may be available to him or her, and the party breaching this 'I , ';contract shall be responsible for payment of reasonable legal fees and costs incurred by the other in enforcing their rights under this Agreement. " 21. CONTROLLING LAW This Agreement shall be construed and governed in accordance "with the laws of the Commonwealth of Pennsylvania. I) 22. CONDITION PRECEDENT TO THE AGREEMENT'S EFFECTIVENESS The parties acknowledge that this Agreement shall become "effective when actually signed by both parties. WITNESS: ~ftZds #"~~7 - Re~) &fo~hR. /-J / I //'" ~___- v' # . .- ( 'If ,-~ I ! ~ "1'1, '-\',Io-l})1 )) I '''':''J.:l} tti MICHELLE M. SEYB~ D -" , " 12 ,. ,. COMMONWEALTH OF PENNSYLVANIA ) L ) SS. COUNTY OF : I t'I- . ) Before mer the undersigned officer, a Notary Public in and for 'said Commonwealth and County, personally appeared ROBERT J. "SEYBOLD, JR., who being duly affirmed according to law, deposes and says that the facts and matter set forth in the within and ,foregoing Property Settlement Agreement are true and correct to the best of his knowledge, information and belief. OJ ~ t. eft( 1. ROB~~~~ ~EYBgZ;;, JRV' Affirmed and subscribed to before me this V~;;;;;;''''~I , 1994. , -(.i. /l/ day of NOTAR'AL SEAL JANE ELIZABETH ,JACOBS, Nolllty Public Clt,. 01 York. ":011\ County M C"mmission E) 'f(!> 3e t. 27. 1997 (SEAL) My commission expires: COMMONWEALTH OF PENNSYLVANIA ) COUNTY OF CU/)';/J/da//c?/UQ SS. Before me, the undersigned officer, a Notary Public in and for said Commonwealth and County, personally appeared MICHELLE M. SEYBOLD, who being duly affirmed according to law, deposes and says that the facts and matter set forth in the within and foregoing Property Settlement Agreement are true and correct to the best of his knowledge, information and belief. ~~ 111 ~ MICHELLE M. SEYB LD to before me this ~ 3,Hi day of My commission expires: Sf.Gi ''3 \.'X)~; .f.ltN,~.'tjJt.".~ -"f AIu~;LAll",.;i~r~) 'I~" -,..\\~...",,""~ :J!""id~.~t!"AI~.t. o.,Je..~I."8 1C'"d'S.et<(tt'N (SEAL) NcJl.:ln;l1~"'1 aamara SufT'4'JIt..s.tll',,"',"\. Nrtnrv p, till": NewcumbelWOenr.C vnlf.'I\~fV1;~.~I'It\ MyCo<fln'lt!U"'~'t..""O;\" W,O!:> '.......,"lU 'a;I"UtlU 01 NOi.Vll.OS cJlI'C)Of, WI'. @ -:>" en - :z:: "'- ~.r '" '" IT" - ~ 1 4 V t ~ ~ - - 0 , Q - ~ ~ I') - \ ~. ~ .1'. . ';) ~ ~ iii . I ~ 0 0- .. 1!f '.. ~ ~ .... > < - Z ...I ...I < ~ ~~ CIl 8 III ~~ IE~ ...... o ~ 8"': " ~ -0 :iCll ~z "'< < "'...l ;jl;~ c:: ... < '" ::::E ~ a c:: < :: ~ ... z , IT IS HEREBY CERTIFIED THAT THE WITHIN IS A TRUE AND CORRECT COPY OF THE ORIGINAL FILED IN THIS ACTION. . . BY r ATTORNEY . , MICHELLE MAE SEYBOLD, . IN TilE COURT OF COMMON PLEAS . Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA : ~T~ vs. No. q,.._ ~'" If. . . ROBERT J. SEYBOLDr JR., CIVIL ACTION - IN DIVORCE Defendant : NOTICE TO DEFEND AND CLAIM RIGHTS 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 fail 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 judgement 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, iiincluding custody and visitation of your children. When the grounds for a divorce is indignities or ! irretrievable breakdown of the marriage, you may request 'marriage counseling. A list of marriage counselors is :, available in the Domestic Relations Office at the County Courthouse. IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY, LAWYER'S FEES OR EXPENSES BEFORE A 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 FORTI! BELOW TO FIND OUT WHERE YOU CAN 'GET LEGAL HELP. i' LAWYER REFERRAL SERVICE Court Administrator Cumberland County Courthouse Carlisler PA 17013 (717) 240-6200 ,! " " t' . MICHELLE MAE SEYBOLD, . IN THE COURT OF COMMON PLEAS . Plaintiff . CUMBERLAND COUNTY, PENNSYLVANIA . . . VB. : No. : ROBERT J. SEYBOLD, JR., . CIVIL ACTION - IN DIVORCE . Defendant : COMPLAINT IN DIVORCE COUNT I DIVORCE 1. Plaintiff is MICHELLE MAE SEYBOLD, an adult individual residing at 431 Bridge Street, Apartment 2S, New Cumberland, Cumberland County, Pennsylvania. 2. Defendant is ROBERT J. SEYBOLD, JR., an adult individual residing at 311 Lafayette Drive, New Cumberland, York County, Pennsylvania. 3. Both Plaintiff and Defendant have been bona fide : residents in the Commonwealth of Pennsylvania for at least six (6) months prior to filing this Complaint. 4. The Plaintiff and Defendant were married on September 6, 1985, Fairview Township, York County, Pennsylvania. 5. The parties separated on May 7, 1994. , 6. There have been no prior actions for divorce or annulment between the parties. , " 7. The marriage is irretrievably broken. 6. Plaintiff has been advised that counselling is available and that plaintiff may have the right to request 'that the court require the parties to participate in counseling. WHEREFORE, Plaintiff requests this Court to enter a decree in divorce in accordance with Section 3301 of the Pennsylvania Divorce Code. COUNT II EOUITABLE DISTRIBUTION 9. Paragraphs 1 through 6 of this Complaint are , incorporated herein by reference thereto. 10. The parties have been unable to agree as to an equitable division of said property and liabilities. The Plaintiff requests the Court to equitably divide, distribute or assign the marital property between the parties in such proportion as the Court deems just after consideration of all relevant factors. WHEREFORE, Plaintiff requests this Honorable Court to , 'equitably divide said property in accordance with Section I '401(d) of the Pennsylvania Divorce Code. Dated: May 31, 1994 ~'Barbara Sumple Sullivan, Esquire Attorney for Plaintiff 549 Bridge street New Cumberland, PA 17070 (717) 774-1445 Supreme Court 1.0. No. 32317 3 -' i! I ,t 'Ii 'ii I: " Ii Ii II I, II IMICHELLE MAE SEYBOLD, i Plaintiff II vs. ! I ROBERT J. SEYBOLD, JR., : i' Defendant ,I II I: I' II It II :1 II i1counseling and understand that I may request that the Court " Ii lirequire that my spouse and I participate in counseling. , : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA . . : No. . . CIVIL ACTION - IN DIVORCE . . AFFIDAVIT REGARDING COUNSELING 1 . I have been advised of the availability of marriage 2. I understand that the Court maintains a list of counselors in the Domestic Relations Office, which list is available to me upon request. 3. Being so advised, I do not require that the Court I require that my spouse and I participate in counseling prior , ito a divorce decree being handed down by the Court. , I understand that false statements herein are made ,subject to the penalties of 18 PA. CSA Section 4904 relating ito unsworn falsification to authorities. 1; : Date: 0/31/0,/ I'f\ U' \-t~ l^n oJl ~ ;J~Q MICHELLE MAE SEYBOLD 4 . . MICHELLE MAE SEYBOLD, . IN THE COURT OF COMMON PLEAS . Plaintiff . CUMBERLAND COUNTY, PENNSYLVANIA . . . VB. : No. . . ROBERT J. SEYBOLD, JR. , . CIVIL ACTION - IN DIVORCE . Defendant : VERIFICATION I, MICHELLE MAE SEYBOLD, hereby certify that the facts set forth in the foregoing COMPLAINT IN D1VORCE are true and correct to the best of my knowledge, information and belief. I understand that any false statements made herein are subject to penalties of 18 Pa. C.S.A. Section 4904 relating to unsworn falsification to authorities. Dated: <S/311t;'f "W\~ \.t~t /Vla.P '3.~ MICHELLE MAE SEYBOLD 5 ~ :. " MICHELLE MAE SEYBOLD, : IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA I Ii : vs. : No: 94-2914 Civil Term I' ROBERT J. SEYBOLD, JR., : CIVIL ACTION - DIVORCE Defendant AFFIDAVIT OF SERVICE I, BARBARA SUMPLE-SULLIVAN, ESQUIRE, do hereby certify that I served a copy of the Complaint in Divorce in the above-captioned matter by United States Mail, Restricted Delivery, Certified No. P 210-056-975, Return Receipt Requested, on the above-named Defendant, ROBERT J. SEYBOLD, JR., on June 1, 1994, at Defendant's last known address: 311 Lafayette Drive, New Cumberland, Cumberland County, Pennsylvania 17070. The original receipt and return receipt card number P 210-056-975 are attached hereto evidencing receipt on June 3, 1994. ,:/' //," Dated: June 6, 1~94 (Barb ple-Sulli n,---Esquire 549LBridge street New Cumberland, PA 17070 (717) 774-1445 Supreme Court I.D. No. 32317 .... P 210 056 975 . 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'. .:' ",.-,' // ,-.,":,-:<.:.;.,,/:.,;:.:;_,_<t_: 11110 wItIi tD) roGlIIve.the <'. fDllDwlng "rv~lfDr en exu,... ..~.. '.j' '.: foel: .,.. ',... 1. 0 Add........ Ada;... , '. , , 2. MiReItrlI;t8dD'~";I'~ Consult Itm~t.'-f~';f... .l,.>}. ~~ 48'pn~'i6u~;5' q '7'5 '............:). .~ 4b, Servfce Typo . ,;, . o Regllte.ed 0 In.u.ed ' ...' : IKCenlfled 0 COD if.: ~~.... Mell 0 RelUIn Receipt f~ ,..' 7, Ooteol o~trm' - 3 1qg4 .{: 8, Add....H.. Add.... IOnly II raque"'J" .' and fee ,. paldl ',' .; , ' . , . December 1991 ..u.I.lIPD: '__714 DOMEsnc RETURN RECEIPT I . . . ',. . I . I , l " JUH G 3 119 rM '9~ . . . t '-.~. ~ fiG:' ot I h t;,),:'jj"!.L) GVH:-;L";t,"'''i Ci, \1': f<E!l'1"" '.'.'\ !~. . . - ~~.~' ~,~~ ...,...,.~\-"';...."..~-;;.~_._-- .- , I 'i \, ,- t . - ., J ",.. . ,I .. -' -- ~ ~ - ..... > ~ >-.... ::3 z en ,.z:; ~_ < - d~ ~ =c t..::>.., :J ~~ 0_ ~~.~.~ In LJ'> ,-;:.,.';U'j e III ~~ 0 l,.'.J:O..J C)" oJ;.,_ ~ "'~ . ....;".., IE ~ . '-.-' - , 0 8cj ... :t :J C2z "" :s '" 1-::; In ::::5 t- h,,_, ~ '-' i1iffi = ~ = a == < ~ = z :. "-~ - .. .. , . . . MICHELLE MAE SEYBOLD, Plaintiff IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA No: 94-2914 Civil Term vs. ROBERT J. SEYBOLD, JR., 'i Defendant CIVIL ACTION - DIVORCE PRAECIPE TO TRANSMIT RECORD ,T0 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) of the Divorce Code. , 2. Date and manner of service of the complaint:United States Mail. Certified Mail. Restricted Deliverv on June 1. 1994 on Robert J. Sevbold. Jr. 3. Complete paragraph (a) or (b). (a) Date of execution of the affidavit of consent required by Section 3301 (c) of the Divorce Code: by Plaintiff ,ddtober 26. 1994 i by Defendant October 24 , 1994 . (b) (1) Date of the Plaintiff's affidavit required by 3301(d) of the Divorce Code: (2) Date of of the Plaintiff's affidavit upon the defendant: Section service 4. , oursuant 14, 1994 Related claims pending: All matters have been resolved to the Aareement reached bv the oarties dated Seotember and incoroorated but not meraed into the Decree. 5. Date and manner of service of the,notice of intention to file praecipe to transmit record, a copy Of which is attached, if the decree is to be entered under sec on 3301 (d)(1 )(i) of the Divorce Code. . /~ { ~/ Dated: October 26. 1994 ~~: Barb~ra sump~e:su' .van, Esquire I Attorney for Plaintiff 549 Bridge Street New Cumberland, Pennsylvania 17070 (717)-774-1445 Supreme Court 10 #32317 ,':,., ~.*- ;1:~'>'-:f. ..."~l~-'f"1""" .. .-.-.' ~'t"'-.:i./d . ): Ocr 26 I 05 PH '911 '..; ~Tz~r;gfr~tA:'" CUMBERLAND COUNTY PEaIl8VQII.101 or THE PRMIlON:lTA~r CUMBERLAND COUNTY PENNSYLVANIA .~; ,"""" ) .\1 " ~:: G. """i ,J'l ~l I .- ~ i.1 _,1 :, ., :-~ -~-; .~; \.;;.{ ~ . ~v i,~"":;:, )>.....;, ~&.:~:! --I,;:" .-,; ">'- ':' oj, " '<,; j ") O,__t "":1 -'., " ': ~,"; , I,'" .:,'1 ~ ;~ -, ~ ~. ~J -, ~"j '''''' " 'J " ; .., '" :fi :t: .i.~ :r- <.' ....' ,".;,~ ~ c- f ~.l.t . "''r ~- 'f ":it ,>-'. .... ,- ,of ...~ 'ri , .~ '~~~,i '"'''.~-'.... l I ~ H' ~~"'MO;_-"_""."_,~""",,:,,..,______,~__."~.. . " - , " ~ ----..-..~':."....- . II . I'" .... ,~- .. .' -~,- .::> ;,--' ,'~ ,,~ " -;:'J? :'.1' To' ;'~1- \t~ fY~ l~,-, ~f J;.J~ "'~.:;f " 7: " j- .' " !; : " , [I vs. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTYr PENNSYLVANIA No: 94-2914 Civil Term , !i ,MICHELLE MAE SEYBOLD, Plaintiff ji : ! ROBERT J. SEYBOLD, JR., Defendant CIVIL ACTION - DIVORCE ,I I, " , 1 ., . i; I AFFIDAVIT OF CONSENT A Complaint in Divorce under Section 3301(c) of the ::Divorce Code was filed on May 31, 1994. " \i 2. The marriage of Plaintiff and Defendant is " "irretrievably broken and ninety (90) days have elapsed from ;:,tl;1e date of filing of the Complaint. .' :, " , , 3. I consent to the entry of a final decree of divorce. 4. I understand that I may lose rights concerning l~limonYr division of property, lawyer's fees or expenses if I fiso not claim them before a divorce is granted. . ,- I verify that the statements made in this Affidavit are ',true and correct. I understand that false statements herein 'are made subject to the penalties of 18 PA. CSA Section 4904 ,relating to unsworn falsification to authorities. ,'Date: Ociobol-..2r.I/~~'1 M~J.."JJ., 'TY\O 0 W MICHELLE MAE SEYBO D I \:'b::tr;;I"'~ .~..." '-, _.< --',.." ,.... -.-- OCT. ZG I os PH '9~ I . I . Ii,' ",oFFICE arlltl :i,(,T110IHlTAr.V CUHblhL/..!IO C~UHTY . PlIlNSYLVMIIA . ~ .. , ~ . ; . ,,' I \, . t1 , . ' i · ., , .. .. -' -,- Ii , ~ . '., 1MICHELLE MAE SEYBOLD, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No: 94-2914 Civil Term vs. : ,ROBERT J. SEYBOLD, JR., Defendant CIVIL ACTION - DIVORCE I' CERTIFICATE OF SERVICE i: I, Barbara Sumple-Sullivan, Esquire, do hereby certify that on "this date, I served a true and correct copy of the foregoing 'Plaintiff's Praecipe to Transmit Record, in the above-captioned matter upon the following individual{s) by first class mail, :postage prepaid, addressed as follows: Thomas L. Kearney, III, Esquire Kearney and Marshall 44 East philadelphia Street York, PA 17401 ,DATED: October 26. 1994 ) 4/A!/t Barbara Sumple-Sullivan, Esquire 549 Bridge Street New Cumberland, PA 17070 (717) 774-1445 Supreme Court I.D. No. 32317