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IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY
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ST ATE OF 't'(.~;
PENNA.
DARRYL A. uJ.AY,
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Plaintiff
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VIRGINIA A.JAY,
Defendant
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DECREE IN
DIVORCE
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AND NOW, . . .f<=.~.I.U.~ .1.. . ~ i . , . .. " 19.1$:.., it is ordered and
decreed that ....,.......... ?!"R.R:'. 1':, .J,^.Y. . . .. , .. . .. , . .. , . .. , .., plaintiff,
and,.................... ..Y~~l!~~~~,~: .~~'!...........,......" defendant,
are divorced from the bonds of matrimony. The Settlement Agreement dated
January 20, 1995 is incorporated herein, but not merged.
The court retains jurisdiction of the following claims which have
been raised of record in this action for which a finol order has not yet
been entered;
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SITTLIIIBRT
AGRBIIIBRT
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?D day of c..""vn.,t
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HIS AGRBIJIIRT, made this
199~, by and between VIRGINIA
A. JAY ("Wife") and DARRYL A. JAY
("Husband") both formerly of 19 Ridgeway Drive, Carlisle,
CUmberland county, Pennsylvania 17013.
WITIfBSSITR:
WHEREAS, the parties hereto are Husband and Wife, having been
married on Hay 26, 1987, in Basel, switzerland I and
WHEREAS, certain unhappy differences, disputes, misunder-
standings and difficulties have arisen between the parties and the
parties have decided that their marriage is irretrievably broken,
that it is their intention to live separate and apart for the rest
of their natural lives, and that they are desirous of settling
fully and finally their respective financial and property rights
and obligations as between each other including, without limitation
by specification:
1. The settling of all matters between them relating to the
ownership of real and personal property including property
heretofore or subsequently acquired by either partYI and
2. The settling of all disputes, rights and/or interests
between them arising out of or by reason of their marriage
including but not limited to the past, present and future support,
and
3 . In general, the settling of any and all actual and
possible claims by each party against the other or against their
respective estates.
NOW, THBRBrORB, in consideration of the premises and of the
mutual promises, covenants and undertakings set forth in this
Agreement and for other good and valuable consideration, the
receipt and adequacy of which is hereby acknowledged by each of the
parties hereto, Wife and Husband, each intending to be legally
bound hereby, covenant and agree as follows:
1. Advice of Counsel. The provisions of this Agreement and
their legal effect have been fully explained to the parties by
their respective counsel. The parties acknowledge that each has
received independent legal advice from counsel of his or her own
selection, that each has fully disclosed his or her respective
financial situations to the other including his or her property,
estate, assets, liabilities, income and expenses, that each is
familiar with and fully understands the facts, including the
property, estate, assets, earnings and income of the other, and
that each has been fully informed as to his or her legal rights and
obligations. Each of the parties acknowledges and agrees that,
after having received such advice and with such knowledge, this
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Agreement is, in the circumstances, fair, reasonable and equitable,
that it is being entered into freely, voluntarily, and in good
faith and that the execution of this Agreement is not the result of
any duress or undue influence, coercion, collusion and/or improper
or illegal agreement. The parties further acknowledge that they
have each made to the other a full and complete disclosure of their
respective assets, estate, liabilities, and sources of income and
that they waive any specific enumeration thereof for the purposes
of this Agreement.
2. Definitions.
a. Divorce Code. The phrase "Divorce Code" shall be
defined as Act No. 1980-26, 28 Pa. Cons. stat. sec., et. seq.
b. Date of Execution of this Aareement. The "date of
execution" or "execution date" of this Agreement shall be
defined as the date upon which it is executed by the parties
if they have each executed the Agreement on the same date.
Otherwise, the "date of execution" or "execution date" of this
Agreement shall be defined as the date of execution by the
party last executing this Agreement.
c. Distribution Date. The phrase "distribution date"
shall be defined as the date of execution of this Agreement
unless otherwise specified herein.
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3. IIffeotlve Date of Aqr....nt. This Agreement will become
effective and binding upon both parties upon execution of this
Agreement by both of them.
4. IIffeot of Divoroe D.oree, Inoorporation, 110 Merger. The
parties agree that unless otherwise specifically provided herein,
this Agreement shall continue in full force and effect after such
time as a final decision in divorce may be entered with respect to
the parties. Husband and Wife agree that the terms of this
Agreement shall be incorporated but not merged into any divorce
decree which may be entered with respect to the parties, and
therefore, Wife and Husband agree and each of the parties does
hereby warrant and represent to the other that should either of
them obtain a decree, judgment or order of separation or divorce in
any state, country or jurisdiction, that party will take all
reasonable steps to have this Agreement incorporated as part of any
such decree, judgment or order. The parties further agree that the
Court of Common Pleas which may enter such divorce decree shall
retain continuing jurisdiction over the parties and the subject
matter of the Agreement for the purpose of enforcement of any of
the provisions thereof.
Nevertheless, it specifically is understood and agreed by and
between the parties hereto and each of the said parties does hereby
warrant and represent to the other that should either of the
parties obtain a decree, judgment or order of separation or divorce
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in any state, country or jurisdiction, each of the parties agrees
that all of the provisions of this Agreement shall not be affected
in any way by any such separation or divorce, it being agreed by
the parties that this Agreement shall continue in full force and
effect after such time as a final decree a divorce may be entered
and shall survive and not be merged into any such decree, judgment
or order.
5. Personal Rights. Wife and Husband may and shall, at all
times hereafter, live separate and apart. Each party shall be free
from any direct or indirect control, restraint, interference or
authority, by the other and shall be treated in all respects as if
they were unmarried. Except as otherwise provided for in this
Agreement, each may reside at such place or places and with such
other persons as he or she may select. Each may, for his or her
separate use or benefit, conduct, carryon and engage in any
business, occupation, profession or employment and at such
locations which to him or her may seem advisable. Wife and Husband
shall not molest, harass, disturb or malign each other or their
respective families friends, colleagues, employers or employers of
each other nor compel or attempt to compel by any means the other
to cohabit or dwell in any manner whatsoever with him or her. The
parties are free to make mutually and voluntarily any efforts at
reconciliation as he, she or they may deem advisable.
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The foregoing provisions shall not be taken to be an admission
on the part of either Wife or Husband of the lawfulness or
unlawfulness of the causes leading to their living apart.
This Agreement is not intended to condone and shall not be
deemed to be a condonation on the part of either party hereto of
any act on the part of the other party which has occasioned the
disputes or unhappy differences which have occurred prior to or
which may occur subsequent to the date hereof.
6. warranty of Disolosure. Husband and Wife represent and
warrant they have disclosed to each other in full their respective
assets and income and that this Agreement was negotiated and
entered into on the basis of those disclosures. Any further
enumeration or statement thereof in this Agreement is hereby
specifically waived, and the parties do not wish to make or append
hereto any further conversation or statement.
7. Equitable Distribution of Property.
a. Premises. Wife and Husband hold title as tenants by
the entireties to the premises identified as 19 Ridgeway
Drive, Carlisle, Cumberland County, Pennsylvania, more
particularly described as Lot 15 on the final plan - Phase II
Greenfield Residential Development recorded in Cumberland
County, Pennsylvania, Plan Book 65, Page 14, and 3 Wexford
Court, carlisle, Cumberland County, Pennsylvania, more
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particularly described as lot on a certain subdivision plan of
lots entitled "Greenfield, A Residential Development (Phase
One)" as recorded in Cumberland County, pennsylvania, Plan
Book 60, Page 69 (hereinafter collectively referred to as the
"premises").
Contemporaneously hereto, Wife shall sign deeds by which
to effect a conveyance of her interest in the Premises to
Husband. Husband shall, thereafter indemnify and hold wife
harmless of any and all obligations under the foregoing
mortgages and all other liability incidental to the ownership
of the premises, including, but not limited to, any taxes on
capital gains which may be appreciated.
b. Personaltv. The parties have mutually agreed to the
division of their personal property. Husband agrees that all
property in the possession of Wife at the present time shall
remain her sole and separate property. Wife agrees that all
property in the possession of Husband shall be the sole and
separate property of Husband.
c. Intanqible Assets. Except as otherwise provided in
this Agreement, Husband and Wife shall keep and retain sole
ownership, control and enjoyment of all property transferred
to them pursuant to this Agreement, all bank accounts,
securities, insurance policies, pensions, capital accounts,
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financilll interests or other intangible property held in their
names (provided that the existence and value of such property
was disclosed to the other prior to the date of execution of
this Agreement), including all appreciation thereon and all
increments in value thereto, and all property acquired in
exchange therefore, free and clear of any claim, right or
interest of the other (including without limitation any claim
or right to courtesy, or equitable distribution or other
allocation or division of such property upon divorce under the
laws of the Commonwealth of Pennsylvania or any other state)
and they shall have the exclusive right to dispose of such
property without interference or restraint to the other
(except as provided in this Agreement) as if the marriage had
not taken place and they had remained unmarried.
Husband shall retain sole ownership of the checking
account (Acct. No. 852 927 633) and savings account (Acct. No.
852 001 0748) with First Interstate Bank, San Diego,
California. Husband shall retain sole ownership of the
checking account (Acct. No. 541869728) and savings account
(Acct. No. 547816855) with National city Bank in Indianapolis,
Indiana. The checking account balance at Heidelberger
Volksbank in Heidelberg, Germany (Acct. No. 24 5524 03) shall
be retained by Husband. Husband agrees to remain solely
liable for repayment of a $30,000.00 loan with National city
Bank in Indianapolis, Indiana (Acct. No. 054 401 819 200) and
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shall indemnity and hold wite harmless or liability ror
repayment or said loan. Husband agrees to make a cash payment
to Wife in the amount of $14,000.00 on or before June 1, 1995
as part of the equitable distribution scheme and not as
alimony or income or any other kind. In the event that
Husband should predecease fulfillment of this obligation, Wife
shall have a testamentary claim for the then outstanding
balance.
Husband shall retain sole ownership of the Fidelity
Destiny I (Acct. No. 7029132281-5) and Fidelity Destiny II
(Acct. No. 7049043219-5) investment accounts. Wife shall be
the sole owner of the Fidelity Destiny II Individual
Retirement Account (Acct. No. 7049043223-4) and Husband shall
own the 20th Century Ultra Individual Retirement Account
(Acct. No. 22000874025). Wife shall retain sole ownership of
the Thrift Savings (Acct. No. 268321005577), her civil service
pension, and the parties government insurance.
Husband and Wife shall keep the other indemnified and
held harmless from any liability, cost or expense, including
attorney's fees, which is incurred in connection with the
interests and/or assets referred to in this Paragraph.
d. Automobile. with respect to the motor vehicles
owned by one or both of the parties, they agree as follows:
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(i) Wife shall become the sole and exclusive owner
of her 1991 Acura coupe (VIN. JH4KA8175MC000630),
subject to all liens and encumbrances.
(H) Husband shall become the sole and exclusive
owner
of
his
750iL
(VIN.
1990
BMW
WBAGC8317LDC77833), subject to all liens and
encumbrances.
The titles to the said motor vehicles shall be executed
by the parties, if appropriate for effecting transfer as
herein provided, on the date of execution of this Agreement
and said executed titles shall be delivered to the proper
parties on the distribution date.
e. Wife and Husband agree that the foregoing property
dispositions constitute an equitable distribution of all of
their property. Wife and Husband hereby waive any right to
division of their property except as provided for in this
Agreement.
f. After-Acauired Personal PrODertv. Husband and Wife
shall hereafter own and enjoy independently of any claim or
right of the other, all items of personal property, tangible
or intangible, acquired by him or her from the date of
separation on in or about June 29, 1993, with full power in
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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.
8. coun..l r.... Except as otherwise provided for in this
Agreement, each party shall be responsible for his or her own legal
fees and expenses.
9. warranty as to Bxisting obligations. Each party
represents that they have not heretofore incurred or contracted for
any debt or liability or obligation for which the estate of the
other party may be responsible or liable except as may be provided
for in this Agreement. Each party agrees to indemnify or hold the
other party harmless from and against any and all such debts,
liabilities or obligations of every kind which may have heretofore
been incurred, including those for necessities, except for the
obligations arising out of this Agreement. The parties agree to
file a joint federal income tax return for year 1994, or individual
tax returns if the parties determine that such would be more
advantageous to each, and shall share any refund or taxes due pro-
rata. Thereafter, all income tax liability returns shall be the
individual responsibility of the party.
10. Warranty as to Puture obligations. Wife and Husband each
covenants, warrants, represents and agrees that, except as may be
otherwise specifically provided for by the terms of this Agreement,
neither of them shall hereafter incur any liability whatsoever for
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11. Mutual Releases. Except, and only except, for all
rights, agreements and obligations of whatsoever nature arising
under or which may arise under this Agreement or for the breach of
any party of this Agreement, 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 other, of whatever nature and wheresoever situate,
which he or she now has or at any time hereafter may have against
such other, the estate of other or any part thereof, whether
arising (a) out of any former acts, contracts engagements or
liabilities of such other, (b) by way of dower or curtesy, or
claims in the nature of dower or curtesy or widow's or widower's
rights, (c) as family exemption or similar allowance, or (d) under
the intestate laws, the right to take against the spouse's will,
the right to treat a lifetime conveyance by the other as
testamentary, or all other rights of a surviving spouse to
participate in a deceased spouse's estate, whether arising under
the laws of (i) Pennsylvania, (ii) any other state, Commonwealth or
which the other or the estate of the other may be liable, and each
now and at all times hereafter shall indemnify and hold harmless
the other party from and against any such liabilities, costs or
expenses, including attorney's fees, relating thereto incurred by
the other party after the date of execution of this Agreement.
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territory of the united states, or (i11) any other country.
Except, and only except for all rights, agreements and obligations
of whatsoever nature arising under or which may arise under this
Agreemsnt or for the breach of any part of this Agreement, the
parties agree that this Agreement shall be and constitute a full
and final resolution of any and all claims which each of the
parties may have against the other for equitable distribution of
property, alimony, counsel fees and expenses, alimony pendente lite
or any other claim pursuant to the Pennsylvania Divorce Code or the
divorce laws of any other jurisdiction. The parties further
release and waive any rights which either party may have now or
hereafter against the other including but not limited to claims for
past, present or future support or maintenance, alimony, alimony
pendente lite, property division (including but not necessarily
limited to equitable distribution), counsel fees, costs or
expenses, whether arising as a result of the marital relation or
otherwise, whether under the Divorce Code or otherwise. Except,
and only except, for all rights, agreements and obligations of
whatsoever nature arising under or which may arise under this
Agreement or for the breach of any part of this Agreement, it is
the intention of Husband and Wife to give to each other by the
execution of this Agreement, a full, complete and general release
with respect to any and all property of any kind or nature, whether
real, personal or mixed, which the other now owns or may hereafter
acquire.
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12. R.l.... of T..tam.nt.ry Cl.i... Except as provided for
in this Agreement, each of the parties hereto shall have the right
to dispose of his or her property by Last will and Testament, or
otherwise, and each of them agrees that the estate of the other,
whether real, personal or mixed, shall be and belong to the person
or persons who would have become entitled hereto as if the decedent
had been the last to die. This provision is intended to constitute
a mutual waiver by the parties of any rights to take against each
other's last wills under the present or future laws of any
jurisdiction whatsoever and is intended to confer third party
beneficiary rights upon the other heirs and beneficiaries of each
other party hereto. Either party may, however, make such provision
for the other as he or she may desire in and by his or her Last
Will and Testament. Each of the parties further covenants and
agrees that he or she will permit any will of the other to be
probated and all administration upon his or personal, real, or
mixed estate and effects to be taken out by the person or persons
who would have been entitled to do so had Husband or Wife died
during the lifetime of the other and that neither Husband nor Wife
will claim against or contest the will and the estate of the other.
Each of the parties hereby releases, relinquishes and waives any
and all rights to act as executor or executrix or administrator or
administratrix of the other party's estate. 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 his or her
13. Mutual Waivers. Husband and Wife acknowledge that by
this Agreement they each respectively have secured and maintained
a substantial and adequate fund with which to provide themselves
sufficient resources for his or her comfort, maintenance and
support according to the standard of living to which the party is
accustomed. Therefore, except as provided for in this Agreement,
Wife and Husband do hereby waive, release, and give up any rights
that they may respectively have, either at the present or in the
future, against the other for equitable distribution, alimony,
support, maintenance, or for any other right reSUlting from their
status as wife and husband. Wife and Husband agree that neither
party may apply to any court for a modification of this Agreement,
with respect to alimony, distribution of property, or otherwise,
whether pursuant to the Divorce Code or any other present or future
statute or authority. Except as provided for in this Agreement, it
shall be the sole responsibility of wife and Husband to sustain
herself or himself without seeking any support from the other party
from the date of execution of this Agreement. In the event that
either of the parties shall nevertheless seek such a modification,
that party shall indemnify and hold the other party harmless from
and against any loss resulting therefrom, including counsel fees
and costs.
heirs, executors, administrators, or assigns, for the purpose of
enforcing any of the rights relinquished under this Paragraph.
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14. waiver or KOdification to be in Writ1nq. No modification
or waiver of any of the terms hereof shall be valid unless in
writinq and signed by both parties and no waiver of any breach
hereof or default hereunder shall be deemed a waiver of any
subsequent default of the same or similar nature.
15. Kutual cooperation. Each party shall, at any time and
from time to time hereafter, take any and all steps to execute,
acknowledge and deliver to the other party any and all further
instruments and/or documents that the other party may reasonably
require for the purpose of giving full force and effect to the
provisions of this Agreement.
16. Law of pennsylvania Applicable. This Agreement shall be
construed in accordance with the laws of the Commonwealth of
Pennsylvania which are in effect as of the date of execution of
this Agreement.
17. Aqreement Bindinq upon and Benefittinq Heirs. Except as
specifically provided herein, this Agreement shall be binding and
shall inure to the benefit of the parties hereto and their
respective heirs, executors, administrators, successors and
assigns.
18. Integration. This Agreement constitutes the entire
understanding of the parties and supersedes any and all prior
agreements and negotiations between them. There are no other
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representations, terms, covenants, conditions, agreements or
warranties, express or implied, oral or written of any nature
whatsoever, other than those expressly set forth herein.
19. Ho waiver of Default. This Agreement shall remain in
full force and effect unless and until terminated under and
pursuant to the terms of this Agreement. The failure of either
party to insist upon strict performance of any of the provisions of
this Agreement shall in no way affect the right of such party
hereafter to enforce the same, nor shall the waiver of any breach
of any provision hereof be construed as a waiver of any subsequent
default of the same or similar nature, nor shall it be construed as
a waiver of strict performance or any other obligations herein.
20. severability. If any term, condition, clause or
provision of this Agreement shall be determined or declared to be
void or invalid in law or otherwise, then only that term,
condition, clause or provision shall be stricken from this
Agreement and in all other respects this Agreement shall be valid
and continue in full force, effect and operation. Likewise, the
failure of any party to meet his or her obligations under anyone
or more of the Paragraphs herein, with the exception of the
satisfaction of the conditions precedent, shall in no way void or
alter the remaining obligations of the parties.
21. Headings not part of Agreement. Any headings preceding
the text of the several Paragraphs and subparagraphs hereof are
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inserted solely for convenience of reference and shall not
constitute a part of thi:J Agreement nor shall they affect its
meaning, construction or effect.
2~. Death Prior to Divorce. If either Wife or Husband dies
before the entry of a final Decree in Divorce between the parties
then this Agreement shall be considered null and void and as though
it had never been entered into, and the parties restored to the
status that they had before this Agreement was entered into.
23. Counterparts. This Agreement may be executed in
counterparts, each of which will be an original and which together
shall constitute one and the same instrument.
24. Ancillary Jurisdiction. The parties hereby agree that
Wife shall obtain a form of final decree in divorce which provides
for the dissolution of the marriage, but which also reserves
ancillary jurisdiction solely for the purpose of recording this
Agreement as part of the final Decree.
The parties represent and warrant that, to the best of their
knowledge, there are no actions, suits or proceedings pending or
threatened against Husband, Wife and/or against the Matrimonial
Estate or affecting any jointly held properties or rights, at law
or in equity or before any Federal, state, Municipal or other
Governmental agency or instrumentality, domestic or foreign, nor is
Wife or Husband aware of any facts which to his or her knowledge
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might result in any such action, suit or proceeding. The
Matrimonial Estate is not in default with respect to any order or
decree of any court or of any such Governmental agency or
instrumentality.
25. Default or Delay in Payments or Obligation Performanoe
Under Agreement. In the event that either party defaults with
respect to any payments to be made hereunder, or any obligation to
be performed hereunder, and in addition to any and all other
remedies provided in any other documents or agreements, and said
default is not remedied within ten (10) days after sending of a
written notice by certified mail to the defaulting party specifying
said default, the defaulting party hereby agrees to indemnify the
party injured, or to reimburse him or her for any and all
attorney's fees and disbursements resulting from or made necessary
by the bringing of any suit or other proceeding, whether by
complaint or counterclaim to enforce any obligation or to collect
such payment, provided such suit or other proceeding results in a
judgment, decree or order in favor of the suing party. In the
event such suit or other proceeding results in a judgment, decree
or order against the suing party, the suing party shall reimburse
the other party for any and all expenses, costs and attorney's fees
resulting from or made necessary by virtue of the bringing of such
suit or proceeding.
If such default is remedied after the commencement of this
suit, or other proceeding referred to in the above Paragraph, the
indemnity and reimbursement obligation shall be operative with the
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same force and effect as if judgment, decree or order had been made
in favor of the party bringing such suit or other proceeding.
26. Costs of Enforcement. Any party breaching this Agreement
is liable to the other party for all costs and counsel fees
reasonably incurred by the non-breaching party to enforce his or
her rights.
Should either party fail in the due performance of the terms
under this Agreement, the other party shall be able, at his or her
discretion, to sue for performance or for damages for a breach of
the Agreement. The party who is deemed to have failed in the due
performance of the terms hereunder shall be liable for all
reasonable costs and expenses incurred by the other in suing for
performance or for damages for breach of the Agreement. The terms
contained shall be construed to restrict or limit each party's
right to exercise this election.
27. Waivor of Liability. Husband and Wife each knowingly and
understandingly waive any and all possible claims that this
Agreement is, for any reason, illegal or for any reason whatsoever
of public pOlicy, unenforceable in whole or in part. Husband and
Wife each does hereby warrant, covenant and agree that, in any
possible event, he or she is and shall forever be estopped from
asserting any illegality or unenforceability as to all or any part
of this Agreement.
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28. Otber DOCWllentat1on. Wire and Husband covenant and agree
that they will forthwith (and within at least ten days after demand
therefor) execute any and all written instruments, assignments,
releases, satisfactions, deeds, notes or such other writings as may
be necessary or desirable for the proper effectuation of this
Agreement, and as their respective counsel shall mutually agree
should be so executed in order to carry out fully and effectively
the terms of this Agreement.
The parties acknowledge that their marriage is irretrievably
broken and that the marriage shall be dissolved pursuant to Section
3301(c) of the Divorce Code. The parties agree that they shall,
within ten (10) days of the execution of this Agreement, execute
and deliver an Affidavit of Consent and all such other documents as
may be necessary to the entry of a final Decree in Divorce, and
that the same shall be forthwith filed with the Court.
IN WITNESs WHEREOF, the parties hereto have set their hands
~aY and yaar "rat abova wr.:tano
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STATE OF ~~')\"y.\c-\ ...\. t.o\..........\~ol
COUNTY OF ~~,~ ~ )
55.
DB IT RBMBKBBRBD, that on ~o. v-........ 00' .'V,. :=. ~, 199 0 ,
before me the subscriber personally appeared VIR~HIA A. JAY, known
to me (or satisfactorily proven) to be the person, whose name is
subscribed to the within instrument and acknowledqed that she
executed the same for the purposes therein contained.
WITNESS my hand and seal the day and year aforesaid.
~~ ~Jl.W~
Notary blic .
My CODIIDi sion Expires: ~ ~O, '''1\5
STATE OF CALIFORNIA
COUNTY OF SAN DIEGO
)
: SSe
)
DB IT RBMBMBBRBD, that on January 20, 1995
, 199~,
before m~ the subscriber personally appeared DARRYL A. JAY, known
to me (or satisfactorily proven) to be the person, whose name is
subscribed to the within instrument and acknowledqed that he
executed the same for the purposes therein contained.
WITNESS my hand and seal the
l-. and year..~foresaid..
...) .// /
. ;lUL-t ( '0'<'1 /
No ary Public
My CODIIDission Exp res
Aug. 4, 1995
Q_.:. . 'lFFICIAl SEAl
.' 'ANNA A. TAYLOR
. . NOTARY PUBI.ICCALIfORNIA
; . SANDIEGOCOUNTY
MY COMMISSiON EXPIRES
., .,. AUGUST 4, 1fl95
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RUGU , ADLBR, PC
BY. DAVID.. RUGU, Bsg.
Attorney 1.0. No. 20868
2331 Market street
Camp Hill, PA 17011
Telephone: (717) 763-1383
DARRYL A. JAY,
COURT 01' COKMOII PLUS
CUMBBRLAND COUNTY, PA
110. qlf- Lf37iP t(,~ T~
Plaintiff
.
.
.
.
.
.
.
DIVORCB
va.
VIRGIIIIA A. JAY,
Defendant
IIOTICB TO DEPEND 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 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 divorce is indignities or irretrievable
breakdown of the marriage, you may request marriage counselling.
A list of marriage counselors is available in the Domestic
Relations Office at the Cumberland county Court House, Carlisle,
PA.
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 FORTH BELOW TO FIND OUT WHERE YOU CAN GET HELP.
COURT ADMINISTRATOR, 4TH FL.
CUMBERLAND COUNTY COURTHOUSE
CARLISLE, PA 17013
TELEPHONE: (717) 240-6200
RBAGBR , ADLBR, PC
BYI DAVID.. RBAGBR, BSQ.
Attorney 1.0. No. 20868
2331 Market street
camp Hill, PA 17011
Telephone: (717) 763-1383
DARRYL A. JAY, I COURT or CONKON PLBAB
Plaintiff I CUllBBRLAHD COUNTY, PA
I
va. I NO.
I
VIRGINIA A. JAY, I DIVORCB
Defendant .
.
COMPLAINT IN DIVORCB
1. PLAINTIFF is Darryl A. Jay, a citizen of Pennsylvania,
residing at 19 Ridgeway Drive, Carlisle, Cumberland County,
Pennsylvania.
2. DBFENDANT is virginia A. Jay, a citizen of Pennsylvania,
residing at 19 Ridgeway Drive, Carlisle, Cumberland County,
Pennsylvania.
3. Plaintiff and Defendant are adult individuals and both
have been bona fide residents of the Commonwealth of Pennsylvania
for at least six (6) months immediately preceding the filing of
this Complaint.
4. The parties are husband and wife and were lawfully
married on May 26, 1987, at Basel, Switzerland.
5.
II
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The marriage is irretrievably broken.
1
I
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6. Neither Plaintiff nor Defendant is in the military or
naval service of the United states or its allies within the
provisions of the Soldiers' & Sailors' civil Relief Act of the
Congress of 1940 and its amendments.
7. There has been no prior action for divorce or annulment
instituted by either of the parties in this or any other
jurisdiction.
8. The Plaintiff has been advised of the availability of
counseling and of the right to request that the Court require the
parties to participate in counseling.
9. The parties have not entered into a written agreement as
to support, alimony and property division.
10. After ninety (90) days have elapsed from the date of the
filing of this Complaint, Plaintiff intends to file an Affidavit
consenting to a divorce. Plaintiff believes and therefore avers
that Defendant may also file such an Affidavit.
WHEREFORE, Plaintiff respectfully requests the Court to enter
a Decree of Divorce, pursuant to Section 3301(c) or 3301(d) of the
Divorce Code.
Respectfully submitted,
PC
DATE: Q,..2 -fie!
BY:
DAVID W. REAGER, ESQ.
Attorney for Plaintiff
2
VIRII'ICATIOII
I, DARRYL A. JAY, verity that the statements made in this
Consolidated complaint in Divorce are true and correct as to as to
my personal knowledge, understanding and beliet. I understand that
talse statements herein are made subject to the penalties ot 18 Pa.
C.S.A. Section 4904, relating to unsworn talsification to
authorities.
Datel l-'2.-9'-f
...... ~ \ ;L(, ~
D~YL . JAY' ~ '
IUl&GIR , &Dua, 110
BY. JOB J. MMIlloT.T.y, III,
Attorney I.D. No. 52661
2331 Market street
camp Hill, PA 17011-4642
Telephone: (717) 763-1383
BSQUIRI
DARRYL A. JAY,
: IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY, PENNSYLVANIA
plaintiff
.
.
.
.
v.
NO. 94-4376 CIVIL TERM
Defendant
.
.
.
.
.
.
.
.
.
.
IN DIVORCE
VIRGINIA A. JAY,
PRABCIPB TO TRANSMIT RlCORD
TO THE PROTHONOTARY:
Transmit the record, together with the following information,
to the court for entry of an appropriate divorce decree:
1. Ground for divorce: Irr.tri.vab1. br.akdoWD UDd.r
s.ction 3301(C) of the Divorc. Cod..
2. Date and manner of service of complaint: Th. coaplaint
va. fil.d on Auqu.t 4, 1994 and .a. ..rv.d on Virqinia A. Jay on
Auqu.t 8, 1994 by a.rtifi.d .ai1.
3. Date of execution of the affidavit of consent required by
Section 3301(c) of the Divorce Code: by Plaintiff D.ceB.r 24,
1994, by Def.Ddant D.aeB.r 28, 1994.
4. Related Economic Claims Pending: Ther. ar. no .coDona
alai.. p.nding a. the di.tribution of all p.r.on.1 and r..1
prop.rty h.. b..n ..tt1.d by .gr....nt of the parti...
D.t.. :rabruuy 15, 1995
itted,
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IlDGD .. ADLa, PC
BY. DAVID.. RUGa, BSQ.
Attorney 1.0. No. 20868
2331 Market street
Camp Hill, PA 17011
Telephone: (717) 763-1383
DARRYL A. JAY,
Plaintiff
va.
VIRGI.IA A. JAY,
Defendant
.
.
I
.
.
.
I
COURT 01' COJIKO. PLUS
CUHBULAIID COmITY, PA
.0. 94-437' CIVIL TBRK
DIVORCB
AFPIDAVIT 01' SERVICB
DAVID W. REAGER, ESQUIRE, counsel for the Plaintiff, states
that on August 5, 1994, he did mail at the United states Post
Office, Camp Hill, cumberland county, Pennsylvania, by certified
mail, return receipt requested, a true and correct copy of the
Notice to Defend and Claim Rights and Complaint in Divorce adressed
to the Defendant, VIRGINIA A. JAY, at 19 Ridgeway Drive, Carlisle,
Pennsylvania 17013. Attached hereto and made a part hereof is the
sender's receipt and the return receipt card for the certified mail
piece.
The foregoing statements are true and correct upon my personal
knowledge, information and belief and this unsworn statement is
made subject to 18 Pa. C.S.A. Section 4904 ring to unsworn
falsification to authorities.
Reager, Esqu re
for Plaintiff
p. 342 407 :Lllb
-1-: Recelpt for
. Certified Mail
'. Nil InSUfaIU;I' Cl}~f'1;Hl0 Providod
- On not U1W In! lllll'lllil1innal MOil
':'''::1:'~'~~
(S(ll! RO...orSf~1
"",,1'
Vir inia A. Ja
19 'R"idgeway Drive
'CarHsle;' PA 17013
$ .29~
1.00
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PO\Ir'd'" ('" n,;",
1994
August 5,
K!
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1,:,ti'CompIolOh.moill.dJ"2fOr~"_. I .110 wl.h to ',...1.. the, .
t"I,!;eo..~~3'''''''.b' followlng.e",lc..lfo'-en 'Xlt'j',':,'.
I .... ;;=:':::~.' add,... on the ,n.,.. of Ihll form 10 1h1t WI can feel: ':
:,';..:AttlChthll form to the 'ront 0' the meUIMe., or on tM blck If lpaU 1. 0 Addr.....'. Addr...
:I:-~=::i.;=.=~=..':.-::':::=:-..:-== 2. 0 R..trlclld DIII..ry ..1:,
,: 8 ' deUvtlred... .. . Canault oatmlater for f...
: I. 3. ArtI.le Add....ed to: 4.. Artlcl. Number E. ':
, . P 342 407 186 .a
) Ii I Virginia A. Jay 4b, SI",lcI TVPI .! '
: II 19 Ri dgeway Dr i ve Id Rlgl.tlred 0 In.ured l' ;:
Carlisle. PA 17013 ~ Clrtlfied 0 COD
o Expr... MIll 0 Return Rlc.lpt for ,
7. D.t I II' ! :
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B. Add........ Addre..IOnlv II r.qu""d !.'
Ind "" II p.ldl. :
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DOMESTIC RETURN RECEIPT
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RDGD , ADLD, PC
BY. DAVID W. RDGD, Bsg.
Attorney 1.0. No. 20868
2331 Market street
camp Hill, PA 17011
Telephone: (717) 763-1383
DARRYL A. JAY, . COURT 01' CODON PLBlUI
Plaintiff . CUKBBRLMID COUNTY, PA
. t1'-1-l/ 376 C~ -r~
va. . NO.
.
.
.
VIRGINIA A. JAY, . DIVORCB
.
Defendant .
Al'I'IDAVIT
I, VIRGINIA A. JAY, being duly sworn according to law, deposes
and says:
1. I have been advised of the availability of marriage
counselling 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
counsellors in the Domestic Relations 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.A. section 4904, relating to unsworn
falsification to authorities.
VI~-;: e/~
Sworn and subscribed to
" (ttl
before me this 01 day
of ~LJU;j~ , 1994.
dJ/J{(j.... ,'I.b1IM....----
Notary Publ c
My Commission Expires:
---
NOlanal Seal
Oeborah L, Brenneman, NOlary Public
Camp Hill Bora, Cumberland County
My Commlsaion E.plres June 18, 1998
~,_ytvana_oINclarios
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RDGD , GLD, 1'C
BY. DAVID W. RDGD, 18Q.
Attorney I.D. No. 20868
2331 Market street
camp Hill, PA 17011
Telephone: (717) 763-1383
DARRYL A. JAY,
COURT 01' CODON 1'L1A8
CUJIJlIRLAHD COUNTY, PA
NO. Q4-437fo C~T~
Plaintiff
.
.
.
.
.
.
.
DIVORCI
va.
VIRGINIA A. JAY,
Defendant
AFPIDAVIT
I, DARRYL A. JAY, being duly sworn according to law, deposes
and says:
1. I have been advised of the availability of marriage
counselling 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
counsellors in the Domestic Relations Office, which list is
available to me upon request.
3. Being so adviBed, 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.A. section 4904, relating to unsworn
falsification to authorities.
--
~ti~
A. JAY
\
D~YL
Sworn and subscribed to
before me this ,;;.,1 day
of {lv~uo.t , 1994.
;1.b/1tLf.- Y 3vnl""~
Notary Public
My Commission Expires:
Notarial Saal
Oeborah L. Branneman. Notary Public
Camp Hill Bora. Cumbertand County
My Commission E.plres June 18, 1998
Member, f'enr1syMJnIa AssGOeIIon of NoIaries
DARRYL A. JAY, I COURT 01' CODON PLIAS
Plaintiff I CUJIJlIRLAHD COUNTY, PA
I
va. I NO. 94-4376 Civil Term
I
VIRGINIA A. JAY, I DIVORCI
Defendant I
AFFIDAVIT 01' COHIINT
1. A Complaint in Divorce under Section 3301(c) of the
Divorce Code was filed on August 4. 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 rights concerning alimony,
division of property, lawyers' 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 Pa. C.S.A. S 4904, relating to
unsworn falsification to authorities.
Date: 24 ~ /?)'~
~' ~A-'t--
D-UA.JA ~
"
DARRYL A. JAY,
Plaintiff
I
I
I
I
I
I
I
COURT 01' CODON PLBAI
CUJIJlERLAIfD COUNTY, PA
NO. 94-4376 Civil Term
va.
VIRGINIA A. JAY,
Del:endant
DIVORCE
AFFIDAVIT 01' CONSENT
1. A Complaint in Divorce under Section 3301 (c) of the
Divorce Code was filed on August 4, 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 rights concerning alimony,
division of property. lawyers' 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 Pa. C.B.A. Section 4904, relating to
unsworn falsification to authorities.
Date: 2.? .lJec 9j!
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VI NIA A. Y
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