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IN THE COURT OF COMMON
PLEAS
COUNTY
OF CUMBERLAND
STATE OF ~~
PENNA.
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KIMBERLY L. McCURDY,
Plaintiff
i\ C 1,94-5778..
CIV;IL
V.'I',lI:.
MICHAEL C. McCURDY,
Defendant
DECREE IN
DIVORCE
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AND NOW, ' . . . .F.'tklu,""" . 2.Q. . . , . " 19i '1., it is ordered and
decreed that"".,."." ,KIMB,E,RLYL~. MCCURDy.."..".,.., plaintiff,
and. . . . . . . . . . . , . , , . . . . . . . ,MICHAEL.C: . M.cCUR.DY . . . . . . , . . , , " defendant,
ore divorced from the bonds of matrimony.
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;
. THE. PARTIES MARITAL SETTLEMENT.AGREE~~N~.PA~~D.P~9~K~~~,l~..)996
. IS. IN.CORPOR'>'TED HEREIN AS .A. FINU. .OIWE.R .OF .COUR.T.,.....,...
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. ~Prothonotary
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M.~RIT..\L SETTLEMENT ..\GRIEMENT
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THIS AGREEMENT, made this _i~!!:day of . L) (I. '-l1~.{;n _. 1996. by and
between KIMBERLY L McCURDY, hereinafter referred to as "Wife", and MICHAEL C.
McCURDY, hereinafter referred to as "Husband".
WITNESSETH
WHEREAS, the parties are Husband and Wife who were married on June 4, 1994 and have
been separated since July 24, 1994; and,
WHEREAS, the Wife has instituted divorce proceedings in the Court of Common Pleas of
Cumberland County to No. 94-5778 by complaint filed on October 7, 1994; and,
WHEREAS, the parties desire to settle fully and finally their respective financial and property
rights and obligations as between each other, including without limitation: settlin~ of all matters
between them relating to the ownership in equitable distribution of personal property and related
\:Conomic claims including but not limited to spousal .,upport, alimony and alimony pendente lite; and
in general the settling of any and all claims or possible claims of one against the other or against their
respective estates; and,
\\1IEREAS, Wife was represented by her separate legal counsel and has been advised of her
respective rights, privileges, duties and obligations relative to the parties' property rights and interests
under the Divorce Code and regarding alimony and spousal support, and presently has voluntarily
chosen to be unrepresented but has been advised and continues to understand that she has the right
to be represented by her own separate legal counsel, and Husband is represented by his own separate
legal counsel; and,
1
WHEREAS, each party is fully familiar with the marital property and both parties now desire
to settle and determine his and her property rights and claims under the Divorce Code, including all
claims regarding equitable distribution of marital property, alimony, spousal support and related
economic claims.
NOW, TIIEREFORE, the parties hereto being legally bound hereby, do covenant and agree
as follows:
I. The parties agree to the entry of a Decree in Divorce pursuant to Section 330 I(C) of
the Divorce Code, Both parties shall execute and file the requisite Consents with the Court
contemporaneously with the execution of this Agreement. Wife shall withdraw Wife's claim for
economic relief. The Husband's attorney shall file the Praecipe to Transmit the record and obtain a
Decree in Divorce without delay. Should either party do anything to delay or deny the entry of such
a Decree, or fail to do anything required to obtain the Divorce Decree in breach ofthis Agreement,
the other party may, at his or her option, declare this Agreement null and void, ab initio,
2. This Agreement and all warranties and representations contained herein shall survive
the Divorce Decree and shall continue to be enforceable in accordance with its terms, No Court may
change the terms of this Agreement, and it shall be binding and inclusive upon the parties, An action
may be brought at Jaw, in equity or pursuant to the provisions of the Divorce Code to enforce this
Agreement by either Husband or Wife. In the event of a reconciliation, allempted reconciliatiorj or
other cohabitation of the parties hereto after the date of this Agreement, this Agreement shall remain
in full force and effect in the absence of a written agreement signed by the parties expressly stating
that this Agreement has been revoked or modified.
2
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3. The parties have divided between them to their mutual satisfaction their personal
effects, household furniture and furnishings. automobiles and all other articles of tangible personal
property which have heretofore been used by them in common and neither party will make a claim
to any such items which are now in the possession or under the control of the other, Each party will
execute any and all documents necessary to effectuate the transfer of ownership of any items of
personal property titled in both names, The party receiving sole ownership of such items shall pay
all costs associated with the transfer.
4, The parties have divided between them to their mutual satisfaction all intangible
personal property consisting of cash, bank accounts, annuities. securities. insurance policies, pension
and retirement rights, whether vested or contingent, and all other such types of property, The parties
hereby agree that all such intangible property presently in the possession of or titled in the name of
Husband shall be his sole and separate property, and that in the possession or titled in the name of
the Wife shall be her sole and separate property. Each party hereby expressly waives any right to
claim any pension/profit sharing/retirement rights of the other, vested or contingent, each party to
retain full ownership of such rights as his or her sole and separate property.
5. Prior to the date of separation, the parties purchased a 1994 Fleetwood mobile home,
Wife has resided in the mobile home since the date of separation. In connection with the purchase
of the mobile home. the parties entered into a loan obligation to Pennsylvania National Bank to
finance the purchase. Wife shall retain possession of the mobile home and it shall become her
property alone and any financial obligations relating to the mobile home shall become her's alone.
Husband will execute any necessary documentation to quitclaim any interest he may have in the
3
mobile home provided tMt and contingent upon Wife immediately refinancing the obligation incurred
in connection with the purchase of the mobile home and having Husband's name removed from any
loan or other obligation relating to the mobile home or any lot rent relating to the placement of the
mobile home, Wife agrees that she will refinance the obligation without delay.
6, Wife agrees to indemnitY and save and hold harmless Husband for any liability upon
the obligation assumed by the Wife in accordance with the terms and conditions set forth in paragraph
5 of this Agreement including, but not limited to, any and all reasonable attorney fees Husband may
incur for Wife's failure to refinance the obligation subsequent to the execution of this Agreement.
7. Except as herein otherwise provided, each party represents that she and he have not
heretofore incurred or contracted any debt or liability or obligation for which the other may be held
responsible or liable, Each party agrees to indemnitY and save and hold harmless the other from and
against all such debts, liabilities or obligations of any kind which may have heretofore been incurred
between them, except the obligations arising out of this Agreement.
8. Both parties covenant, warrant, represent and agree that each will now and at all times
hereafter save and keep each other indemnified against all debts, charges, or liabilities incurred by the
other after execution of this Agreemeni, except as may be otherwise specifically provided for by tbe
terms of this Agreement and neither of them shall hereafter incur any liability whatsoever for which
the Estate of the other may be liable Each party further agrees to indemnifY and save end hold
harmless the other from any and all liabilities he or she may incur upon the obligations of or assumed
by the other, which indemnification as to all provisions of this Agreement shall include the right to
recover out of pocket expenses and reasonable attorney's lees actually incurred.
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9. Both parties al!J"ee that the hereinabove set forth ;\l!J"eement constitutes an equitable
distribution of their marital property and equitable resolution of all other economic claims pursuant
to the provisions of the Divorce Code and each party irrevocably waives, releases, and remises any
claim to ownership of or interest in any property designated as the property of the other by virtue of
the provisions of this Agreement except as otherwise may be provided pursuant to the provisions of
this Agreement.
10. Husband does hereby release, remise, quitclaim and forever discharge Wife and the
estate of the Wife from any and all claims he has now, ever may have or can at any time have against
the Wife or her estate or any part thereof, whether arising out of formal contracts, engagements or
liabilities of the Wife, arising by way of widower's right or under the Intestate Law arising by any
right to take against the Wife's will, arising out of the Divorce Code, Act No. 26 of 1980, as
amended, including, alimony, alimony pendente lite, counsel fees and expenses, arising as a right to
spousal support or arising by any nature whatsoever, excepting only those rights accorded to the
Husband under this Agreement.
11. Wife does hereby release, remise, quitclaim and forever discharge the Husband and
the Estate of the Husband from any and all claims she has now, every may have or can at any time
have against the Husband or his estate or any part thereof, whether arising out of formal contracts,
engagements or liabilities of the Husband, arising by way of the widower's right or under the Intestate
law, arising by way of any right to take against the Husband's Will, arising under the Divorce Code,
Act No, 26 of 1980, as amended, including, alimony, alimony pendente lite, counsel fees and
expenses, arising as a right to spousal support arising by any nature whatsoever, excepting only those
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rights accorded to the Wife under this Agreement.
12. Ifeither party to this Agreement resorts to a lawsuit or other legal action pursuant to
the provisions of the Divorce Code or otherwise shall enforce the provision of this Agreement, the
successful party shall be entitled to recover his or her reasonable attorney fees, actually incurred,
from the other as part of the judgment entered in such legal action, whether in law, in equity, pursuant
to the provisions of the Divorce Code or otherwise as the same shall be determined by the Court.
13. The parties do hereby warrant, represent and declare and do acknowledge and agree
that each is and has been fully and completely informed of and is familiar with and is cognizant of the
wealth, real and/or personal property, estate and assets, earnings and income of the other and that
each has made a full and complete disclosure to the other of his or her entire assets and liabilities and
any further enumeration or statement thereof in this Agreement is specifically waived.
14. This Agreement constitutes the entire understanding of the parties, There are no
covenants, conditions, representations or agreements, written or oral, of any nature whatsoever, other
than those herein contained.
15. This Agreement is subject to modification only by a subsequent legal writing signed
by both parties. It shall be construed according to the laws of the Commonwealth of Pennsylvania,
16. Husband and Wife acknowledge that each of them has read and understands his and
her rights and responsibilities under this Agreement, that he and she hliVe executed this Agreement
under no compulsion to do so but as a voluntary act, being apprised of its consequences, The parties
hereto recognize and agree that this Agreement may be incorporated to the divorce decree or made
a separate order of court.
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KIMBERLY L. McCURDY,
plaintiff
IN 'rHE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
V.
94-5778 CIVIL TERM
MICHAEL C. McCURDY,
Defendant
CIVIL ACTION-LAW
IN DIVORCE
PRABCIP. TO TRABSMIT RECORD
To the Prothonotary:
Transmit the record, together with the following information,
to the court for entry of a divorce decree:
1. Ground for divorce: irretrievable breakdown under Section
3301(c) of the divorce code.
2. Date and manner of service of the complaint S~RVICE OF
THE COMPLAINT BY U.S. CERTIFIED MAIL-RESTRICTED DELIVERY UPON THE
DErENDANT ON OCTOBER 17. 1994.
3. (Complete either paragraph (a) or (b).)
consent required
plaintiff
(a) Date of execution of the affidavit of
under Section 201(c) of the divorce code: by the
JANUARY 4. 1997
by the defendant DECEMBER 26. 1996
(b) (1) Date of execution of the plaintiff's affidavit
required by Section 201(d) of the di'force code
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(2) Date of service of the plaintiff's affidavit upon
the defendant
4. Related claims pending
NONE
5. Indicate the manner of service the notice of intention to
file praecipe to transmit record, and attach a copy of said notiqe
under section 201(d)(1)(i) of the Divorce Code
NOO' ~ c:: ~.
DAVID A. BARIC, ESQUIRE
Attorney for the Defendant
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SAn\' J. WINDER
Allorney at Law
701 E. Kinll SI:cct
Shlppcmhura. PA 17251
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KIMDERL Y L, McCURDY
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY PENNSYLVANIA
Plaintiff.
: CIVIL ACTION - LAW
-vs-
NUMBER: 94-_ Civil Term
MICHAEL C, McCURDY
IN DIVORCE
Defendant,
COMPLAINT IN DIVORCE
COME'S NOW, the Plaintiff. KIMBERLY L, McCURDY, by and through her counsel.
Sally 1. Winder, Esquire, and does represent as follows:
I. The PlaintilTis KIMDERL Y L, McCURDY, residing at 295 Cameo Drive,
Fayetteville, Pennsylvania, since June 4, 1994,
2. The Defendant is MICHAEL C. McCURDY, residing at 2318 Ritner Highway,
Carlisle, Pennsylvania, since August (5, (994,
3, Both the PlaintilTand 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, The Plaintiff and Defendant were married on June 4, 1994, in Fayetteville,
Pennsylvania,
5, There have been no prior actions of divorce or for annulment between the parties.
6, The marriage is irretrievably broken,
7, Additionally, PlaintilT alleges as grounds for divorce that Defendant has offered to
the person of the Plaintiff, she being the injured and innocent spouse, such indignities as to render
her condition intolerable and her life burdensome,
8, PlaintilT avers that she has been advised of the availability of counseling sessions
for both parties upon request of either party or by Order of Court, and that a list of qualified
professionals who provide such counseling service is available at the Domestic Relations Office
upon request. By the filing of this Complaint. the Plaintiff acknowledges having been advised by
his attorney of record of the availability of counseling sessions and of a list of qualified
professionals, Plaintiff further avers that she has been advised that the choice of a qualified
professional shall be at the option of the Plaintiff and Defendant and need not be selected from
the list available upon request and, further, that arrangements for and the payment of services of
the qualified prolessionai shall be the responsibility of the p\lrties and will not be included in the
docket costs of this proceeding,
9, Plaintiff requests this Honorable Court to enter a Decree of Divorce.
Respectfully submitted,
(.-~ ,,' ' 'J
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Sally J, Inder, EsqUire
Attorney for Plaintiff
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VERlFlCATION
I VERIFY that the statements made in this COMPLAINT IN DIVORCE arc true and
correct to the best of my personal knowled!le and belief. I understand that false statements herein
are made subject to the penalties of 18 Pa, C,8, Section 4904, relating to unsworn falsification to
authorities,
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MB Y f:!McCURDY ~
Plaintiff
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KIMBERLY L. McCURDY,
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
94-5778 CIVIL TERM
V.
MICHAEL C. McCURDY,
Defendant
CIVIL ACTION-LAW
IN DIVORCE
PLAINTlrr's AFrIDAVIT or COHSEXT
AND WAIVER OP NOTICE or INTENTION TO REQUEST EWTRY
OP DIVORCE DECREE UNDER SECTION 3301(C) OP THB DIVORCB CODB
1. A complaint in divorce under Section 3301(C) of the
Divorce Code was filed on October 7, 1994.
2. The marriage of the Plaintiff and Defendant is
irretrievably broken and ninety days have elapsed from the date
of the filing of the Complaint.
3. I consent to the entry of a final decree in divorce
without notice.
4. I understand that I may lose rights concerning alimony,
division of property, lawyer's fees or expenses if I do not claim
them before a divorce is granted.
5. I understand that I will not be divorced until a
Divorce Decree is entered by the Court and that a copy of the
Decree will be sent to me immediately after it is filed with the
Prothonotary.
6. I have been advised of the availability of marriage
counseling and understand that I may request that the court
require counseling. I do not request that the court require
counseling.
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. Section 4904 relating to
unsworn falsification to authorities.
Date:
1II1,",/CJ7
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KIMBERLY L. McCURDY,
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
V.
94-5778 CIVIL TERM
MICHAEL C. McCURDY,
Defendant
CIVIL ACTION-LAW
IN DIVORCE
DBrENDANT'S AFrIDAVIT or CONSENT, ACCEPTANCE or
SERVICE AND WAIVER or NOTICE or INTENTION TO REQUEST E~Rt
or DIVORCE DECREE UNDER SECTION 3301(C) or THE DIVORCE CODE
1. A complaint in divorce under Section 3301(C) of the
Divorce Code was filed on October 7, 1994.
2. Defendant acknowledges receipt and accepts service of
the Complaint on
3. The marriage of the Plaintiff and Defendant is
irretrievably broken and ninety days have elapsed from the date
of the filing of the Complaint.
4. I consent to the entry of a final decree in divorce
without notice.
5. I understand that I may lose rights concerning alimony,
division of property, lawyer's fees or expenses if I do not claim
them before a divorce is granted.
6. I understand that I will not be divorced until a
Divorce Decree is entered by the Court and that a copy of the
Decree will be sent to me immediately after it is filed with the
Prothonotary.
7. I have been advised of the availability of marriage
counseling and understand that I may request that the court
require counseling. I do not request that the court require
counseling.
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. Section 4904 relating to
unsworn falsification to authorities.
Date:
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Michael C.
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3. _Ie Add,_ to:
A-cidre.55t'e Or0J.',
Mr. Michael C. McCurdy
2318 Ritner Highway
Carliale, PA 17013
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DOMISTlC RlTUflN RECIIPT
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SALLY J. WINDER
Auorney al Law
701 E, KING STREET
SllIPPENSUURO, PA I7lJ7
TELEPHONE (717) H2,947~
FAX (717) H2.]71]
December OS, 1996
DAVID A BAIUC ESQ
O'BRIEN BARIC & SCHERER
17 W SOUTII STREET
CARLISLE l'A 1701J
RE: McCURDY v McCURDY
94 - 5778 CIVIL
IN DiVORCE
Dear Mr Oaric:
As I have told you previously, I do not represent Kimbcrly L, McCurdy with respcctto
the divorce action filed in the above-captioned matter.
My file rcllects that she was represcntcd by Beth Ann Gubler. I have not heard Ii-om her
since that time,
Please cummunicute directly with Ms McCurdy concerning any matters respecting the
divorce nction,
Very truly yours,
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Sally 1. Winder
SJW/ahm
xcs: E Robert Elicker II
Kimberly L McCurdy
KIMBERLY L. McCURDY,
?laintiff
IN THE COURT OF COMMON ?LEAS OF
CUMBERLAND COUNTY, ?ENNSYLVANIA
V.
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94-5778 CIVIL TERM , , ..
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CIVIL ACTION-LAW , "
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MICHAEL C. McCURDY,
Defendant
TO THE WITHIN NAMED ?ARTY:
You are hereby notified to plead to the withill Answer to
Complaint in Divorce and Counter-Claim of Defendant, Michael C.
McCurdy, within twenty (20) days of service hereof or judgment may
be entered against you.
O'BRIEN, BARIC & SCHERER
~/~d.
David A. Baric, Esquire
I.D. >> 44853
17 West South Street
Carlisle, Pennsylvania 17013
(717) 249-6873
Attorney for Defendant
Michael C. McCurdy
DATE:
/)/If/fC,
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IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
94-5778 CIVIL TERM
KIMBERLY L. McCURDY,
Plaintiff
MICHAEL C. McCURDY,
Defendant
CIVIL ACTION-LAW
IN DIVORCE
ANSWER TO COMPLAINT IN DIVORCE
AND COUNTER-CLAIM
AND NOW COMES the Defendant, Michael C. McCurdy, by and
through his attorneys, O'Brien, Baric & Scherer, and answers as
follows:
1. Admitted.
2 .
Admitted in part and denied in part.
Admitted t;,hat
Defendants address had been as stated until July, 1995. Defendants
present address is 110 Springhouse Road, Shippensburg, Cumberland
County, Pennsylvania.
3. Admitted.
4. Admitted.
5. Admitted.
6. Admitted.
7 .
No answer is required.
To the extent an answer i8
required, the averments are specifically denied.
8.
No answer is required.
To the extent an answer i8
required, the averments are specifically denied.
9. No answer is required.
10. The parties have lived separate and apart since July 24,
1994.
I
WHEREFORE, Defendant requests an entry of a Decree in Divorce
pursuant to Section 3301(d).
COUNTER-CLAIM
COUNT! - D!V!S!ON OF PROPERTY
11. The answers in ?aragraphs 1 through 10 are incorporated
herein by reference.
12. The marriage is irretrievable broken.
13. The parties have acquired a mobile home, home
furnishings, bank accounts, business and miscellaneous items of
personal property during the course of their marriage.
14. The aforesaid items are marital property and the
Defendant requests that they be equitably divided.
COUNT !! - ?AYMENT OF FEES
15. The answers in ?aragraphs 1 through 14 are incorporated
herein by reference.
16. Defendant requests costs and counsel fees.
WHEREFORE, Defendant prays that a decree be entered in favor
of the Defendant and against the Plaintiff as follows:
a) That a decree in divorce be entered;
b) That the herein described marital property owned by
the Plaintiff and Defendant be distributed according to law;
C) That the Court award costs and counsel fees.
d) Such other additional relief as the Court deems
necessary.
" '.
Respectfully submitted,
Date:
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~; ;'({~RER
David A. Baric, Esquire
I.D. . 44853
17 West South Street
Carlisle, PA 17013
(717) 249-6873
"
V.
IN THE COURT OF COMMON ?LEAS OF
CUMBERLAND COUNTY, ?ENNSYLVANIA
94-5778 CIVIL TERM
KIMBERLY L. McCURDY,
?laintiff
MICHAEL C. McCURDY,
Defendant
CIVIL ACTION-LAW
IN DIVORCE
CERTIFICATE OF SERVICE
I hereby certify that on November 19, 1996, I, David A.
Baric, Esquire, of O'Brien, Baric & Scherer, did serve a copy of
the Answer To COlllplaint In Divorce and Counter-Claia, by first
class U.S. mail, postage prepaid, to the parties listed below, as
follows:
Kimberly L. McCurdy
295 Cameo Drive
Fayettoville, 'e.~:;~c1,
David A. Baric, Esquire
V.
IN THE COURT OF COMMON PLEA
CUMBERLAND COL~TY, PENNSYLVANIA
94-5778 CIVIL TERM
KIMBERLY L. McCURDY,
Plaintiff
MICHAEL C. McCURDY,
Defendant
CIVIL ACTION-LAW
IN DIVORCE
NOTICE TO PLEAD
TO THE WITHIN NAMED PARTY:
You are hereby notified to plead to the within Answer to
Complaint in Divorce and Counter-Claim of Defendant, Michael C.
McCurdy, within twenty (20) days of service hereof or judgment may
be entered against you.
O'BRIEN, BARIC & SCHERER
~p~ti,
David A. Baric, Esquire
1.0. Jt 44853
17 West South Street
Carlisle, pennsylvania 17013
(717) 249-6873
Attorney for Defendant
Michael C. McCurdy
DATE: I)~lfly~
.. ,
,
!
KIMBERLY L. McCURDY,
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
94-5778 CIVIL TERM
:
V.
MICHAEL C. McCURDY,
Defendant
CIVIL ACTION-LAW
IN DIVORCE
ANSWER TO COMPLAINT IN DIVORCE
AND COUNTER-CLAIM
AND NOW COMES the Defendant, Michael C. McCurdy, by and
through his attorneys, O'Brien, Baric & Scherer, and answers as
follows:
1. Admitted.
2.
Admitted in part and denied in part.
Admitted that
Defendants address had been as stated until July, 1995. Defendants
present address is 110 Springhouse Road, Shippensburg, Cumberland
County, Pennsylvania.
3. Admitted.
,
I
II
II
I
I,
i
I
II
!,
i
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I
4 . Admi tted.
5. Admitted.
6. Admitted.
7.
No answer is required.
To the extent an answer is
required, the averments are specifically denied.
8.
No answer is required.
To the extent an answer is
required, the averments are speci.fically denied.
9. No answer is required.
10. The parties have lived separate and apart since July 24,
1994,
i
,
,I
! WHEREFORE, Defendant requests an entry of a Decree in Divorce
pursuant to Section 3301(d).
COUNTER-CLAIM
COUNT I - DIVISION OF PROPERTY
11. The answers in Paragraphs 1 through 10 are incorporated
herein by reference.
12. The marriage is irretrievable broken.
13. The parties have at;quired a mobile home, home
furnishings, bank accounts, business and miscellaneous items of
personal property during the course of their marriage.
14. The aforesaid items are marital property and the
Defendant requests that they be equitably divided.
COUNT II - PAYMENT OF FEES
15. The answers in Paragraphs 1 through 14 are incorporated
herein by reference.
16. Defendant requests costs and counsel fees.
WHEREFORE, Defendant prays that a decree be entered in favor
of the Defendant and against the Plaintiff as follows:
a) That a decree in divorce be entered;
b) That the herein described marital property owned by
the Plaintiff and Defendant be distributed according to law;
C) That the Court award costs and counsel fees.
d) Such other additional relief as the Court deems
necessary.
. ~
I
i
II
Date: 9/3tJl~~
Rellpectfull
y submitted
Q'BR '
A-, rEN, BARIC /::fHERER
~:?Jb:~.
David A B
I . ari
.D. . 44853 c, Esquire
17 West S
Carlisle outh Street
(717) 249_~~7/7013
I
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II
I
I
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KIMBERLY L. McCURDY,
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
94-5778 CIVIL TERM
V.
MICHAEL C. McCURDY,
Defendant
CIVIL ACTION-LAW
IN DIVORCE
CERTIFICATE OF SERVICE
I hereby certify that on November 19, 1996, I, David A.
Baric, Esquire, of O'Brien, Baric & Scherer, did serve a copy of
the ADa_r '10 Complaint In Divorce and CO\lnter-Clailll, by first
class U.S. mail, postage prepaid, to the parties listed below, as
follows:
Kimberly L. McCurdy
295 Cameo Drive
'ayattovma, paa:;:;~~.
David A. Baric, Esquire
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KIMBERLY L. McCURDY,
Plaintiff
v.
IN THE COURT OF COMMON PLEAS OF
CUMBERI,AND COUNTY, PENNSYLVANIA
NO. 94-5778 CIVIL TERM
MICHAEL C. McCURDY,
Defendant
CIVIL ACTION-LAW
IN DIVORCE
ORDER APPOINTING MASTER
AND NOW, this & rfJ~ day of fYlc v:.t~ , 1996,
Robert Elicker, Esquire is appointed masterC-"f\ /J-e.R ce a (0 .
BY THE COURT:
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v.
IN THE COURT or COMMON PLEAS or
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 94-5778 CIVIL TERM
KIMBERLY L. MCCURDY,
Plaintiff
MICHAEL C. McCURDY,
Defendant
CIVIL ACTION-LAW
IN DIVORCE
MOTION FOR APPOINTMENT OF MASTER
Defendant, Michael C. McCurdy, moves the court to appoint a
master with respect to the following claims:
( x) Divorce
( ) Annulment
( ) Ai imony
( ) Alimony Pendente Lite
( x) Distribution of Property
( X) Support
( x) Counsel Fees
( X) Costs and Expenses
and in support of the motion states:
(1) Discovery is complete as to the claims for which the
appointment of a master is requested.
(2) The Plaintiff has appeared in the action by Sally J.
Winder, Esquire.
(3) The statutory grounds for divorce are Section 33D1(c)
and Section 3301(d).
(4) Delete the inapplicable paragraph(s):
(a) The action is contested with respect to the
following claims: divorce, equitable distribution, support,
counsel fees and expenses.
(5) The action does not involve complex issues of law or
fact.
(6) The hearing is expected to take three (3) hours.
(7) Additional information, if any relevant to the motion:
The only property relevant to this matter is (1) 1994
Fleetwood mobile home financed through Pennsylvania National
Bank, (2) a $500.00 savings bond and (3) a joint account at
Patriot Federal Credi~ Ur.ion. ~ ~
DATE: II ~/tj?, ~ () c: 0A.- '
(I David A. Baric, Esquire
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V. INCOME AND EXPENSES
Attached hereto, is the Defendant husband's Income and Expense Summary.
VI. MARITAL DEBT
At the time of the separation, thlJ only marital debt was the obligation to PeMsylvania
National Bank in connection with the financing of the mobile home,
VII. PROPOSED RESOLUTION
The Defendant husband is agreeable to transferring his interest in the mobile home to wife
in return for wife refinancing the outstanding loan and removing husband from the debt
obligation. Defendant husband believes an equal division of the account balance in the Patriot
Federal Credit Union account is warranted and thlit wife should return to him the Savings Bond
issued in his name.
Respectfully submi,ted,
O'BRIEN, BARIC AND SCHERER
b~,L:/~&{
David A. Baric, Esquire
10#44853
17 West South Street
Carlisle, PA 17013
(717) 249-6873
m:l~ CNIED
Description
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SUPPIDIENl'AL IN<XJolE STATEloIENl'
A. 'lhis form IlllSt be filled wt by a person who (check one):
(1) qlE!I'ates a I::.usiness or practices a profession; or
(2) is a meniler of a partnership or joint venture; or
(3) is a shareholder in am is salari.ed by a close corporation or
similar entity
B. Attach to this statement a copy of the followinl documents relatinl to the
I::.usiness, profession, partnership, joint venture, corporation or similar entity.
(1) the most recent Federal In::ane Tax Return, am
(2) the most recent Profit am Loss statement.
. C. . Name am Address of aminess:
Telephone II
D. Name am Address (it ditferent than C) of acx::amtant, controller or other person
in charge of finaocial records:
E. (1) Annual incame fram business...............................$
(2) Hew often is incame ~ived..............................
(3) ~ incame per pay period...............................$
(4) Net incame per pay period.................................$
(5) spa::ific deductialS if arrt................................$
KIMBERLY L. McCURDY,
Plaintiff
EN THE COURT OF COMMON PLEAS Uf
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
NO. 94-5778
CIVIL
l'i
VS.
MICHAEL C. McCURDY,
Defendan
DATE:
$k
~
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IN DIVORCE
STATUS SHEET
OFFICE OF DIVORCE MASTER
CUMBERLAND COUNTY
COURT OF COMMON PLEAS
9 North Hanover Street
Carlisle, PA 17013
(717) 240.6535
L RoIM" IUck.r, II
Divorce Maller
Tracl .10 Coly.r
0Il1ce Man811eriAeporter
w.., Shore
897.0371 Ex'. 8535
November 14, 1996
Sally J. Winder
Attorney at Law
701 East King Street
Shippensburg, PA 17257
David A. Baric, E8quire
O'BRIEN, BARIC' SCHERER
17 West South Street
carlisle, PA 17013
Re: Kimberly L. McCurdy vs. Michael C. McCUrdy
No. 94 - 5778 Civil
In Divorce
Dear Ms. Winder and Mr. Baric:
By order of Court of President Judge Harold E. Sheely
dated November 8, 1996, the full-time Master has been appointed
in the above referenced divorce proceedings.
A divorce complaint was filed on October 7, 1994, raising
grounds for divorce of irretrievable breakdown of the marriage
and indignities. No economic claims were raised in the divorce
complaint. The motion for appointment of Master indicates that
equitable distribution and counsel fees, costs and expenses are
claims in the action; however, no claims have been raised by way
of pleadings. consequently, until claims are raised in the
action, I will make no directive for the filing of pre-trial
statements. I will give counsel two (2) weeks to determine if
any claims are going to be raised. If no claims are raised in
that time frame, I will prepare an order vacating my
appointment. I assume that there is no issue with respect to
grounds for divorce.
Very truly yours,
E. Robert Elicker, II
Divorce Master
,"
. .
KIMBERLY L. McCURDY,
Plaintiff
IN THE COURT OF COMMON P~EAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 94 - 5778 CIVIL
vs.
MICHAEL C. McCURDY,
Defendant
IN DIVORCE
ORDER OF COURT
AND NOW, this
(C,rH
day of ..uL1J\I UAIl. Y
1997, the economic claims raised in the proceedings having been
resolved in accordance with a marital settlement agreement dated
December 16, 1996, the appointment of the Master is vacated and
counsel can file a praecipe transmitting the record to the Court
requesting a final decree in divorce.
BY THE COURT,
,8cW/ ~ ff-
Harold E. Sheely, P.J.
cc: Kimberly L. McCurdy
Pro Se
David A. Baric
Attorney for Defendant
nCO--CffiCE
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WHEREAS, each party is fuI1y timiIiar with the marital property and both parties now desire
to seule and determine his and her property rights and daims under the f)i-/orce Code, including all
claims regarding equitable distribution of marital property, alimony, spousal support and related
economic claims.
NOW, TIlEREFORE, the parties hereto being legally bound hereby, do covenant and agree
as foUows:
1. The parties agree to the entry ofa Decree in Divorce pursuant to Section 3301(C) of
the Divorce Code. Both parties shall execute and file the requisite Consents with the Court
contemporaneously with the execution of this Agreement. Wife shall withdraw Wife's claim for
economic relief. The Husband's attorney shall file the Praecipe to Transmit the record and obtain a
Decree in Divorce without delay, Should either party do anything to delay or deny the entry of such
a Decree, or fail to do anything required to obtain the Divorce Decree in breach of this Agreement.
the other party may, at his or her option, declare this Agreement null and void, ab initio.
2. This Agreement and all warranties and representations contained herein shall survive
the Divorce Decree and sha1I continue to be enforceable in accordance with its tenns. No Court may
change the terms of this Agreement, and it shall be binding and inclusive upon the parties. An action
may be brought at law, in equity or pursuant to the provisions of the Divorce Code to enforce this
Agreement by either Husband or Wife. In the event of a reconciliation, attempted reconciliation or
other cohabitation of the parties hereto after the date of this Agreement, this Agreement shall remain
in full force and effect in the absence of a written agreement signed by the parties expressly stating
that this Agreement has been revoked or modified.
2
-
3, The parties have divided between them to their mutua1 satisfaction their personal
eff'ecu. household furniture and furnishings, automobiles and all other articles of tangible personal
property which have heretofore been us\t.' b~' !~~1l1 il'! common and neither party will make a claim
to any such items which are now in the possession or under the control of the other. Each party will
execute any and all documents necessary to effectuate the transfer of ownership of any items of
personal property titled in both names. The party receiving sole ownership of such items shall pay
all costs associated with the transfer.
4. The parties have divided between them to their mutual satisfaction all intangible
personal property consisting of cash. bank accounts, aMuities, securities, insurance policies, pension
and reUmnent rights, whether vested or contingent, and all other such types of property. The parties
hereby agree that all such intangible property presently in the possession of or titled in the name of
Husband 3ha11 be his sole and separate property, and that in the possession or titled in the name of
the Wife shall be her sole and separate property. Each party hereby expressly waives any right to
claim any pension/profit sharing/retirement rights of the other, vested or contingent, each party to
retain fuU ownership of such rights as his or her sole and separate property.
5, Prior to the date of separation, the parties purchased a 1994 Fleetwood mobile home.
Wife has resided in the mobile home since the date of separation. In cOMection with the purchase
of the mobile home, the parties entered into a loan obligation to PeMsylvania National Bank to
finance the purchase. Wife shall retain possession of the mobile home and it shall become her
property alone and any financial obligations relating to the mobile home shall become her's alone.
Husband will execute any necessary documentation to quitclaim any interest he may have in the
3
mobile home provided that and contingent upon Wife immediately refinancing the obligation incurred
in connection with the purchase of the mobile home and having Husband's name removed from any
loan or other obligation relating to the mobile home or any lot rent relating to the placement of the
mobile home. Wife agrees that she will refinance the obligation without delay.
6. Wife agrees to indemnifY and save and hold harmless Husband for any liability upon
the obligation assumed by the Wile in accordance with the terms and conditions set fonh in paragraph
S of this Agreement including, but not limited to, any and all reasonable attorney fees Husband may
incur for Wife's failure to refinance the obligation subsequent to the execution of this Agreement.
7. Except as herein otherwise provided, each party represents that she and he have not
heretofore incurred or contracted any debt or liability or obligation for which the other may be held
responsible or liable. Each party agrees to indemnifY and save and hold harmless the other from and
against all such debts, liabilities or obligations of any kind which may have heretofore been incurred
between them. except the obligations arising out of this Agreement.
8. Both parties covenant, warrant, represent and agree that each will now and at all times
hereafter save and keep each other indemnified against all debts, charges, or liabilities incurred by the
other after execution of this Agreement, except as may be otherwise specifically provided for by the
terms of this Agreement and neither of them shall hereafter incur any liability whatsoever for which
the Estate of the other may be liable. Each party funher agrees to indemnifY and save and hold
hann1ess the other from any and all liabilities he or she may incur upon the obligations of or assumed
by the other, which indemnification as to all provisions of this Agreement shall include the right to
recover out of pocket expenses and reasonable attorney's fees actually incurred.
4
9, Both puties agree that the hereinabove set forth Agreement constitutes an equitable
distribution of their marital property and equitable resolution of all other llConomic c:laimI pursuant
to the provisions of the Divorce Code and each party irrevocably waives, releases. and remises any
claim to ownenhip of or interest in any property designated as the property of the other by virtue of
the provisions of this Agreement except as otherwise may be provided pursuant to the provisions of
this Agreement.
10. Husband does hereby release, remise, quitclaim and forever discharge Wife and the
estate of the Wife from any and all claims he has now, ever may have or can at any time have against
the Wife or her estate or any pan thereof, whether arising out offormal contracts, engagements or
liabilities of the Wife, arising by way of widower's right or under the Intestate Law arising by any
right to take against the Wife's wil!, arising out of the Divorce Code, Act No, 26 of 1980, as
amended, including, alimony, alimony pendente lite, counsel fees and expenses, arising as a right to
spousal support or arising by any nature whatsoever, excepting only those rights accorded to the
Husband under this Agreement.
11. Wife does hereby release, remise, quitclaim and forever discharge the Husband and
the Estate of the Husband from any and all claims she has now, every may have or can at any time
have against the Husband or his estate or any part thereof, whether arising out of formal contracts,
engagements or liabilities of the Husband, arising by way of the widower's right or under the Intestate
law, arising by way of any right to take against the Husband's Will, arising under the Divorce Code,
Act No, 26 of 1980, as amended, including. alimony, alimony pendente lite, counsel fees and
expenses, arising as a right to spousal support arising by any nature whatsoever, excepting only those
5
rights accorded to the Wife under this Agreement.
12. If either party to this Agreement resorts to a lawsuit or other legal action pursuant to
the provisions of the Divorce Code or otherwise shall enforce the provision of this Agreement, the
successful party shall be entitled to recover his or her reasonable attorney fees. actually incurred,
from the other as part of the judgment entered in such legal action, whether in law, in equity, pursuant
to the provisions of the Divorce Code or otherwise as the same shall be determined by the Court.
13. The parties do hereby warrant, represent and declare and do acknowledge and agree
that each is and has been fully and completely informed of and is familiar with and is cognizant of the
wealth, real and/or personal property, estate and assets, earnings and income of the other and that
each has made a full and complete disclosure to the other of his or her entire assets and liabilities and
any further enumeration or statement thereof in this Agreement is specifically waived.
14. This Agreement constitutes the entire understanding of the parties. There are no
covenants, conditions, representations or agreements, written or oral, of any nature whatsoever. other
than those herein contained.
15. This Agreement is subject to modification only by a subsequent legal writing signed
by both parties. It shall be construed according to the laws of the Commonwealth of Pennsylvania.
16. Husband and Wife acknowledge that each of them has read and understands his and
her rights and responsibilities under this Agreement, that he and she have executed this Agreement
under no compulsion to do so but as a voluntary act, being apprised of its consequences. The parties
hereto recognize and agree that this Agreement may be incorporated to the divorce decree or made
a separate order of court.
6
.
17. This Agreement sha1I bind and inure to the benefit of the panies hereto and their
relpeQivo heirs, executors., administratorJ. i1Ucceason and assigns.
WITNESS: (!
~~~ 1.Gk;J4~'fl}t:'r
/1 '/
~~L,,*,.Fr: ~~
MICHAEL C. McCURDY ~ -.
. . .
STATE OF Pennsylvania
COUN1YOF pi/'" ~.;Jk It :v
.
.
SS.
AND NOW, this / ~ KJ e (!..-r.. -r 6e.r, 1996, before me, the
undersigned officer, personally appeared Kimberly L. McCurdy, known to me (or satisfactorily
proven) to be the person whose name is subscribed to the within instrument, and acknowledged thaI
she executed same for the purposes therein contained.
IN WITNESS WHEREOF, I hereunto set my hand and official seal.
NOlarial Seal
Mary A. Porry. Notary Public
GUlllcrd T'Np.. .ranklln Co~n1Y
'.ly Ccmmlsslcn e,p".. Aug. .6. 1998
. ..-~.-.,........'t....ut'3~~oI~
1'".)!T'... '. r,''''~'.'' .~
~~~~
ary Public
STATE OF Pennsylvania
SS.
COUNTY OF Cumberland
AND NOW, this rJ (p day of ~.iJ.ih , 1996. before me, the
undersigned officer, personally appeared Michael C. McCurdy, known to me (or Sltisfactorily
proven) to be the person whose name is subscribed to the within instrument, and acknowledged that
he executed same for the purposes therein contained.
IN WITNESS WHEREOF, I hereunto .set my hand and official seal.
I
~jlJ1_jjiJ~ ( /!ji/flULA../
./No~ Public
Notanal SlIal
Jen~I'er S. Calaman. Notary PUblic
C~r1ls18 Bora. Cumberland t:ounry
My CommIssion Expires NOli 29 1999
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