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Description
ALL THAT CIRTAIN piece or parcel of land situate in the Township of
Middlesex, County of Cumberland and State of Pennsylvania, more
particularly bounded and described as follows, to wit:
BIlGINNING at a point on the northern line of Tiffany Street (50
feet wide) on the dividing line between Lot Nos. 5 and 6 on the
hereinafter mentioned Plan of Lots; thence along said dividing line
between Lot Nos. 5 and 6, North 21 degrees 41 minutes 11 seconds
East, a distance of 231.00 feet to a point on the line of other
lands now or formerly of Robert R. Line, Jr.; thence along the line
of said lands now or formerly of Robert R. Line, Jr., South 86
degrees 16 minutes 16 seconds East, a distance of 301.03 feet to a
concrete monument on the lines of lands now or formerly of John
Snyder; thence along the line of said lands now or formerly of John
Snyder, SQuth 05 degrees 25 minutes 27 seconds West, a distance of
110.00 feet to a point at the northeast corner of Lot No.7 on the
hereinafter mentioned Plan of Lots; thence along the dividing line
between Lot Nos. 6 and 7 on the hereinafter mentioned Plan of Lots,
South 55 degrees 19 minutes 02 seconds West, a distance of 326.52
feet to a point on the easterly line of Tiffany Street aforesaid;
thence along the easterly line of Tiffany Street aforesaid, along
a curve to the left having a radius of 175.00 feet, an arc distance
of 150.00 feet to a point on the dividing line between Lot Nos. 5
and 6 on the hereinafter mentioned Plan of Lots, the point and
place of BEGINNING.
CONTAINING 1.726 acres.
BEING Lot No. 6 as shown on the Final Subdivision Plan for
Chippendale, recorded in plan Book 54, Page 19-A.
BIING THB SAME PREMISES which Shirley K. Hepler, single woman, by
her Deed dated the ~~t,",day of June, 1994, and to be recorded
simultaneously herewith in the Office of the Recorder of Deeds in
and for Cumberland County, Pennsylvania, granted and conveyed unto
Shirley K. Hepler and William T. Verbos, as joint tenants with
right of survivorship and not as tenants in common, Mortgagors
herein.
Exhibit 8 A 8
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: IN THE COURT OF COMMON PLEAS :
'. OF CUMBERLAND COUNTY ·
. .
! STATE OF ... PENNA. !
. .
. TERRY LYNNE MARDIS II '1'/- .
. Nil, ,,3,5,81....,...... (l!~,L7Y>l9 94 .
. V''l''lI' .
. RAYMOfo!D ,CLINTON MARDIS .
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8 DECREE IN ·
:1 D , V 0 R C E J::l: q').... p. :.
l AND NOW.~ ..1.3...... 1.'t'( It I. o,de,ed and
~ decreed that TERRY, LYNNE, .MARo.tS, . , ,. . . '" , . , . .. . , , . . '. , . . .. plaintiff,
~ and. RA'lMOND. ,CLINTON, MARD.I.S . , . . . . . , , , , . . . , . . , , , , . . , . . . , " 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; NONE
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covenants, and agreements hereinafter contained, each of
thsparties hereto, intending to be legally bound hereby promise.,
covenants, and agrees as foll,owsl
1.
(Partie. to Live SeDarate and ADart)
The parties mutually agree to live separate and apart as
though the parties had not been married. Neither party will
molest the other, or compel the other to cohabit or in any way
harass or malign the other, nor in any way interfere with the
peaceful existence of the other.
2.
(Personal ProDertvl
Husband and Wife have divided all personal property, which
would constitute marital property (a list of this property
showing the division is attached as Schedule A). Wife agrees
that any property in the possession and control of Husband at the
time of the signing hereof shall be the sole and separate
property of Husband; and Husband agrees that all property in the
possession and control of Wife at the time of the signing hereof
shall be the sole and separate property of Wife. Husband agrees
to waive all title and interest in the 1992, Toyota Celica by
Wife, and Wife agrees to waive all title and interest in the
1991, Pontiac Grand Prix, titled in Husband's name.
Each of the parties does hereby specifically waive, release,
renounce and forever abandon whatever claims, if any, he or she
may have to the sole and separate property of the other.
,
3.
(Marital Debts)
Husband and Wife each covenant, represent and agree that
each will now and at all times hereatter save harmless and keep
the other indemnified from all debts, charges and liabilities
incurred by the other prior to or after the effective date of
this Agreement, except as may be otherwise specifically provided
for by the terms of this Agreement.
Husband assumes and agrees to pay and shall indemnify and to
hold harmless the Wife from any liability on the following joint
debts and obligations:
Credit Name
1. Optima/AmEx
2. PSL-PSECU
Amount
$ 2,328.00
$ 6,638.15
As of
3/21/94
3/31/94
Wife assumes and agrees to pay and shall indemnity and to
hold harmless the Husband from any liability on the following
joint debts and obligations:
Credit Name Amounty As of
1. S.L.S.C. $ 7,050.57 3/31/94
2. FCNB (SPIEGLE) $ 759.35 3/31/94
3. VISA-PSECU $ 4,357.48 3/31/94
4. SEARS $ 1,132.81 3/31/94
5. M.WARDS $ 756.00 3/31/94
6. J.C. PENNEY $ 125.94 3/31/94
7. CONS. EOGE-VISA$ 100.00 3/31/94
8. BENEFICIAL $ 1,456.69 3/3/94
4.
IRe.l Prooartv)
Upon sale ot the marital home located at 855 Acri Road,
Mechanicsburg, Cumberland County, Pennsylvania, this property,
atter payment of the mortgage and all reasonable expenses
coincident to the sale, the net proceeds will be divided in the
following manner:
1. An amount sufficient enough will be used to payoff the
1992 Toyota Celica car payment currently with Chase Bank of MD.
2. The remaining proceeds will be split 50/50 between wife
and Husband.
5.
(Aliaonv and SUDDOrt for Self and Minor Childl
Husband agrees to pay half of the parocial school tutition
for the minor children. Both parties agree to keep in effect
sufficient life insurance made payable to the minor children to
provide care, maintenance and educational expenses for the minor
children. After the children reaches age eighteen (18) years,
Husband and Wife agree to provide equally the cost of the child's
education, with the assumption that the child will also
contribute to the cost of post highschool education costs through
employment and/or loans. Husband and wife are presently
employable and waive all claims against the other for
maintenance, sUPQort, alimony, or alimony pendente lite which may
arise out of the marital relationship.
6.
(CUstodv and Visitation I
The parties, believing that it is in the best interests of
their child for the parties to determine custody and visitation
issues by agreement, have agreed to share custody as followsl
The parties agree that they shall have shared legal and
physical custody of the minor children, Leigh A. Hardis, age 16,
,
and Hegan A. Mardis, age 12. The children shall reside with the
Wife. The parties agree that the Husband shall have the right of
temporary custody for purposes of visitation with the children
on:
1. Alternating weekends from the completion of his
Friday work day, but not later than 8:00 p.m. until sunday
evening, at 6:00 p.m.
2. Tuesday and Thursday from the completion of his
work day to 9:00 p.m.
3. The parties agree that holidays, including New
Year's Day, Christmas, 4th of July, Easter, Labor Day, the
children's birthday will alternate between the parents; and
Mother's Day and Father's Day shall be spent with the appropriate
parent. Husband shall have the right to extended visitation of
at least two (2) weeks during the summer. The parties further
agree that the above schedule may be adjusted between the parties
to accommodate work or vacation schedules or family plans. The
parties agree that it is in the best interests of the children to
work together and to look primarily to the children's best
interests in arranging temporary custody and visitation. To that
end the parties agree that these are minimum established
visitation schedules which may be modified at any time by either
party with the consent of the other, and Wife desires to make
clear in this agreement that reasonable visitation will not be
denied so long as appropriate prior notice is given to Wife of
his desires.
7.
lKAiver of Interest in Retirement)
Husband and Wife expressly waive and relinquish any right,
claim, title or interest in any pension, profit-sharing,
retirement, credit union or other employment related plans in
which the other has any interest, whether vested or unvested,
matured or unmatured.
8.
(Leqal ReDresentation)
Wife and Husband declare that each has had a full and fair
opportunity to obtain and consult with legal counsel of his/her
selection and that the parties, cognizant of their legal rights,
declare and express that:
a) Wife, is represented by Austin F. Grogan, Esq.
b) Husband, acknowledge that he has the right to be
represented by l.egal counsel and waives his right to have legal
counsel.
9.
(Mutual Discharge)
Wife relinquishes her inchoate intestate right in the estate
of Husband, and Husband relinquishes his inchoate intestate right
, I
,
in the estate of wite, and each of the parties hereto for himself
or h.rself, his or her heirs, executors, administrators or
assigns does remise, release, quitclaim and forever discharge the
other party hereto, his or her heirs, executors, administrators
or assigns, or any of them, of any and all claims, demands,
damages, actions, causes of action or suits of law or in equity
of whatsoever kind or nature for or because of a matter or thing
done, omitted or suffered to be done by said party prior to and
including the date hereof, except that this release shall in no
way exonerate or discharge either party hereto from the
obligations and promises made and imposed by reason of this
Agreement.
10.
INo-Fault Divorcel
An action for divorce has not instituted by either party.
Should either party institute an action for divorce alleging that
the marriage is irretrievably broken and requesting a no-fault
divorce under Section 3301(C) of the Divorce Code. It is hereby
agreed that the marriage is irretrievably broken and that both
parties will execute affidavits of consent to the entry of a
Decree in Divorce under section 3301(C) of the Divorce Code.
11.
~ecution and Deliverv of Documentsl
The parties hereto agree to execute and deliver all papers
needed to effectuate the terms and intentions of this Agreement.
12.
IBre8china Party Pays Costs)
If either party breaches any provisions of this Agreement,
the other party shall have the right, at his or her election,
either to sue for specific pertormance or for damages for such
breach, and the party breaching this Agreement shall be
responsible tor reasonable legal tees and costs incurred by the
other in enforcing his or her rights under this Agreement.
13.
(General provisions)
This Agreement encompasses all agreements between the
parties concerning the matters set forth herein and may not be
altered or omitted except in writing executed by the parties;
the waiver of any term, condition or provision of this Agreement
shall in no way be deemed a waiver of any other term, conditions
or provisions of this Agreement.
If any term, condition or provision of this Agreement shall
be determined to be void or invalid in law or otherwise, then
only that term, condition or provision shall be stricken from
this Agreement, and in all other respects, this Agreement shall
be valid and continue in full force.
It is agreed by and between the parties hereto that this
Agreement shall survive and shall not be merged into any decree,
judgment, or order of divorce or separation. It is specifically
agreed, however, that a copy of this Agreement or the substance
of the provisions thereof, may be incorporated, by reference,
into any divorce, judgment or decree. This incorporation,
however, shall not be regarded as a merger, it being the specific
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IN THE COURT OF COMMON PLEAS OF
I CUMBERLAND COUNTY, PENNSYLVANIA
I CIVIL ACTION - LAW
I NO. qLf -JS8/ {'{('-i_I ~i-l~'
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I IN DIVORCE
TERRY L. MARDIS,
plaintiff
RAYMOND C. MARDIS,
Defendant
NOTICE
YOU HAVE BEEN SUED IN COURT. If you wish to de fond against
the claim 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 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 divorce is indignities or irretrievable
breakdown of the marriage, you may request marriage
counselling. A list of marriage counselors is available in the
Office of the prothonotary, Cumberland County Courthouse,
Carlisle, Pennsylvania.
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 Y0UR 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
Cumberland County Courthouse
4th Floor
1 Courthouse Square
Carlisle, Pennsylvania 17013
(717) 240-fi200
TERRY LYNNE MARDIS,
Plaintiff
I IN THE COURT OF COMMON PLEAS
I CUMBERLAND COUNTY, PENNSYLVANIA
I CIVIL ACTION - LAW
v.
RAYMOND CLINTON MARDIS,
Defendant
I NO.
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IN DIVORCE
DIVORCE COHPLAINT
1. The Plaintiff is Terry L. Mardis, who currently
resides at 244 Westover Drive, New Cumberland, PA 17070.
2. The Defendant is Raymond C. Mardis, who currently
resides 1000 Good Hope Road, Mechanicsburg, PA 17055.
3. Plaintiff and Defendant have been bona fide
residents of the Commonwealth of Pennsylvania for at least six
(6) months immediately previous to the filing of this complaint.
4. Plaintiff and Defendant were married on July 17,
1981 in Winchester VA.
5. There have been no prior actions of divorce or for
annulment between the parties.
6. Divorce is sought pursuant to the provision of the
Divorce Code, Section 3301(c), in that the marriage is
irretrievably broken.
7. The Plaintiff has been advised of the availability
of counselling and of the Plaintiff's right to request that the
Court require the parties to participate in counselling and does
not request same.
8. Defendant is not a member of the armed services.
WHEREFORE, Plaintiff requests your Honorable Court to enter a
,
VERIFICATION
I, Terry L. Hardis, verify that the statements made in the
toregoing Complaint are true and correct to the best of my
knowledge, information, and belief. I understand that false
statements made herein are made subject to the penalties of 18
Par C.S. Section 4904, relating to unsworn falsification to
authorities.
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IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
NO. 94 -J,:,-.g/ (!./I/It. n:r-~
IN DIVORCE
TERRY L. MARDIS,
plaintiff
RAYMOND C. MARDIS,
Defendant
AFFIDAVIT OF NOTICE OF COUNSELLING
I, Raymond C. Mardis, Defendant, state the following:
1. I have been advised of the availability of marriage
cuunselling and understand that I may request that the Court
require that my spouse and I participate in counselling.
2. I understand that the Court maintains a list of marriage
counselors in the prothonotary's Office, which list is available
to me upon request.
3. Being so advised, I do not request that the Court
require that my spouse and I participate in counselling prior to
a divorce decree being handed down by the Court.
I understand that false statements herein are made subject
to the penalties of 18 Pa. C.S. section 4904 relating to unsworn
falsification to authorities.
Date 9 -2-';- <j ~
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IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
NO. fi1- 3sg/ C,vIl.. ~~14-(
IN DIVORCE
II
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TERRY L. MARDIS,
plaintiff
RAYHOND C. MARDIS,
Defendant
AFFIDAVIT OF CONSENT
1. a. A Complaint in Divorce under Section 3301(c) of the
Divorce Code was filed on July 1, 1994
b. I hereby acknowledge receipt of a copy of same on
July 1, 1994.
2. The marriage of Plaintiff and Defendant is irretrievably
broken and ninety (90) days have elapsed from the date of filing
the Complaint.
3. I consent to the entry of a final decree of divorce.
4. I understand that I may lose my rights concerning
alimony, division of property, lawyer's 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. I understand that false statements herein are made
subject to the penalties of 18 Par C.S. section 4904 relating to
unsworn falsification to authorities.
Date:
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