HomeMy WebLinkAbout94-05799
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IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY
STATE OF
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PENNSYLVANIA
DAVID R. DRAYER.
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, N ll. 94::.?79?..... ................. 19
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Plaintiff
Versus
GWRIA J. DRAYER,
Defendant
DECREE IN
DIVORCE
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AND NOW. . .. .. . .. . . . .. .. .. . . . . . . . ' . . " 19....... it is ordered and
decreed that .......... DAV1!? R: . DRAYER. . . . . . .. , .. .. .. .. .. .. '" plaintiH,
and. .. . .. . . .. .. . . . .. . 9.[JJ.R.IA .J.,. P~YER . . . . .... , .... ...... .,. defendant.
or. divorced from the bonds of matrimony.
The court retains jurisdiction of the following claims which have
been raised of ~rc~d in this action for which a final order has not yet
been entered; lfo.AJ"~
The part ies entered into a Settleroont Agreement dated Septerrber 30, 1997
. . . .. ............ ...................,.....,....,................... - . . . ~
. .wtach.resoLves all c1ailrs and which is incorp;>rated but not rrerged into
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.I . ~/7 Proth~nol.ry
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VI.
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
: NO, 94-5799 ClVIL TERM
DAVID R. DRA VIR,
i'I...wr
GLORIA J. DRA VIR,
Def.ad.at
: IN DIVORCE
PRAECIPE
To The Prothonotary:
Kindly enter into the docket the attached original Separation and Marriage Property Settlement
Agreement, dated September 30, 1997, executed by the parties,
Dated:
,rtf (; CJcr '17
1,,-
A MARIE COYNE
, 90 I Market Street
Camp Hill, PA 17011-4227
(717)737-0464
Pa, S, Ct. No, 53788
Attorney For Defendant
cc: Joseph Hitchings. Esquire
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4, A resolution of all marital responsibilities, rights, and all other claims and
possible claims srowing Oul of the rrIlIJTiage relationship; and
WHEREAS, the parties herelo, after being properly advised by their respective counsel,
Wife by her anorney, Lisa Marie Coyne, Esquire, and Husband by his allomey, Joseph
Hitchings, Esquire, The parties acknowledge thaI each has received indcpendenllegal advice
from counsel of their selection and Ihat they have been fully infonned as 10 their legal rights and
obligations, including all rights available 10 them under the Pennsylvania Divcrce Code of 1980,
as amended, and other applicable law. Each party confmns thaI he or she fully understands the
lerms, conditions and provisions of this Agreemetll and believes them 10 be fair, JUSI, adequale
and reasonable under the existing facts and circumstances. The parties further confmn thaI each
is enlering inlo this Agreemenl frtely and volunlarily and that execution of the Agreement is not
Ihe result of any duress, undue influence, collusion or improper or illegal agreements,
NOW, TIlEREFORE, in consideration of the above recitals and the fellowing covenants
and promises mutually made and mutually to be kept the parties heretofore, intending 10 be
legally boWld and to legally bind their heirs, successors, and assigns thereby, covenant, promise,
and agree as follows:
1. SEPAR\TION: It shall be lawful for each party at all times hereafter to live
separale and apart from each other at such place or places as he or she may from time 10 time
choose or deem fit.
2. INTERFERENCE: Each party shall be free from inlerference, authority and
contact by the other, as fully as if he or she were single and unmarried, except as may be
necessary to carry oul the provisions of this Agreement. Neither party shall molesl the other nor
allempl to endeavor 10 molesl the other, nor compellhe other 10 cohabil with the other, nor in
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PenOD AJaumlall
ResDoDslblUtv
6. Nationwide Mutuallnsurance (Homeowner's)
Wlf,
Each party alll'tes to pay the outstanding joint debts set forth herein and further alll'ees to
indemnify and save harmless the other from any and all claims and demands madt against tither
of them by reason of such debts or obligations,
6, l\fUTUAL RELEASE: Subject to the provisions of this Agreement, each party
waives his or her righlS to alimony and any further distribution of property inasmuch as the
parties hereto alll''' that this Alll'eement provides for an equitable distribution of their marital
property in accordance with the Divorce Code 1980, as amended, Subj~ctto the provisions of
this Alll'eement, each party has released and discharged, and by this Alll'eement does for llimself
or herself, and his or her heirs, legal representatives, executors, administrators, and assigns,
release and discl1arge the other of and from all causes of action, claims, rights or demands
wl1alsoever in law or tquity which either of the parties ever had or now have against the other,
7, CUSTODY AND VISITATION: The pllrties' minor child shall be in the
except any or all cause or causes of action for divorce and except in any or all causes of action
for divorce and except in any or all causes of action for breach of any provision of this
Alll'eernenl. Each party also waives his or her right to request marital counseling pursuant to 23
Pa, C.S.A. Section 3302,
permanent care and custody of the Mother, with whom Elizabeth now resides, The Father shall
have righlS of visitation with said minor child on alternating weekends as shall be mutually
alll'teable to the parties and the child and alternating Holidays defined as: Easter, Thanksgiving,
Christtnas. The Father shall hav: visitation with said minor child on Father's Day and on the
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child's Birthday, Father shall have periods of summer visitation with child as long as child is
willing and agreeable, During Father's visitation with child, he shall be sober and not consume
alcohol. Further, Father shall not transport child in a motor vehicle unless Father is sober, There
shan be no ovemight visitation with Father unless and until Father becomes married or no longer
cohabits with a woman, The parties shall continue to consult with each other concerning their
child's care, education, and general welfare, their child's best interest being at all times the
paramount consideration of the parties. Should the parties fail to reach an agreement concerning
their child's care, tducation, and general welfare, the Mother's decision and position shall be
governing,
8, CHILD StJPPORT: Father shall continuously maintain child on Father's
health/hospitalizationlmedical insurance offered by Father's employer. In addition to child
support ordered pursuant to an order of support issued through the Cumberland County,
Pennsylvania Domestic Relations Section of the Court of Common Pleas No, 931 of 1994 (DR
No, 23115), or their successor or assign, and commencing November I, 1996,Fathtr shall pay to
the Mother one half (112) of child's uninsured and unreimbursed medical expenses to include,
but not limited to, office visits, dental and orthodontia work, counseling, eye glasses and eye
exams, prescription and non-prescription medications. Mother shall submit to Father monthly
statements of costs and expenses with Father's payment to Mother due seven (7) days &om
presentation of the said statement.
Further, upon the issuance of a final decree in divorce, Mother shan communicate to tho
Office of the Domestic Relations requesting that Father receive an immediate credit for
remaining mearage balance of support as established in the Order of Court, dated Febl1llUY 4,
1997,
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9, EDUCATIONAL EXPENSES: The parties agree to provide appropria:e
educational opportunities for their only child. including an undergraduate college education,
post-graduate training, and txtracurricular lessons and activities, The father agrees to participate
in the cost of such tducation to the extent of his then existing financial resources such
participation in the education costs for the child will be after consideration of any J/Udlnt loans,
scholarships, or grants which the child may recei~-e, The parents shall make a college education
available to Elizabeth provided that she demonstrates readiness, ability and motivation to secure
the benefits of a higher education, The cost of undergraduate college education includes but not
limited to the following: tuition, room, board, books, supplies, fees, lab expenses, transportation,
clothing, equipment, and telephone calls from Elizabeth to the parents, The Father agrees 10 pay
the cost of such education evtn though the cost may be incurred after the child reaches majority
age and shall continue until the child graduates from an undergraduate college or !ride or
vocational school or reaches the age of twenty-five (25), whichever occurs first.
10, EOUlTABLE DISTRIBUTION OF MARITAL PROPERTY. The parties
have attempted to distribute their marital property in a manner which conforms to the criteria act
forth in 23 Pa, C,S.A, Section 3501, el, seq" and taking into account the following
considerations: the length of marriage; the fact that it is the first marriage for Wife and lirst
marriage for Husband; the age, health, station, amount and sources of income, vocational skills,
employability, estate, liabilities and needs of each of the parties; the contribution of each party 10
the education, training for increased earnings power of the other party; the opportunity of tach
party for future acquisitions of capital assets and income; the sources of income or of both
parties, including but not limited to medical, retirement, insurance or other benefits; the
contribution or dissipation of each party in the acquisition, preservation, depreciation or
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appreciation of the marital property, including the contribution of each spouse as a homemaker;
the value of the property set apan to each party; the standard of iiving that the panics established
in the marriage; and !he tconomic circumstances of each party at the time !he division of
property is to become effective,
The division of e~isling marital property is not intended by !he panics to
constitute in any way sale or e~change of assets, and the division is being effected wi!hout !he
introduction of outside funds or other property not constituting marital property. The division of
property under !his AgreemtnlShall be in fuli satisfaction of all marital rights of !he panics.
A, DISTRIBUTION OF PERSONAL PROPERTY: The panics hereto
mutually agree that they have affected a satisfactory division of the furniture, household
furnishings, appliances and o!her household personal property between !hem and !hey mutually
agree that each party shall from and after the date hereof be the sole and separate owner of all
such tangible personal property presently in his or her possession, and this Agreement shall have
effect of an assignment or bill of sale from each party to the other for such property as may be in
!he individual possession of each of !he panics hereto.
The parties hereto have divided between themselves to their mutual satisfaction,
all items of tangible and intangible marital property, Neither party shall make any claims to any
such items of marilal property, or of the separate personal property of each other, which is now
in the possession and/or under the control of the other, Should it become necessary, the parties
each agree to sign, upon request, any titles or documents necessary to give effect to this
paragraph. Property shall be deemed in the possession or under the control of tither party if, in
the case of tangible personal property, the item is physicaliy in the possession or control of the
party at the time of the signing of this Agreement and, in the case of intangible personal
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property, if any physical or written evidence of ownership, such as passbook, checkbook, policy
or certificate of deposit or other similar writing is in the possession or control of the party.
Husband and Wife shall each be deemed to be in the possession and control of his or her own
individual pension or other tmployee benefits, plans or retirement benefits in any nature with the
exception of Social Security Benefits to which either party may have a vested or contingent right
or interest at the time of the signing of this All!eemenl.
As part of the property settlement, the Wife shall pay to the Husband the sum of Twelve
Thousand Dollars ($12,000.00), Payment ofTen Thousand Dollars ($10,000.00) to be paid by
Wife upon issuance of Final Decree in Divorce, Balance of Two Thousand Dollars (S2,OOO,OO)
to be paid by Wife in $500.00 payments once every six months after issuance of Final Decree in
Divorce,
From and after the date of the signing of this Agreement, both parties shall have the
complete freedom of disposition as to his or her separate property and any property which is in
their possession or control pursuant to this Agreement and may mortgage, sell, grant, convey, or
otherwise tncumber or dispose of such property, whether real or personal, whether such property
was acquired before, during or after marriage and neither Husband nor Wife need join in,
consent to, or acknowledge any deed, mortgage or other instrument of the other pertaining to
such disposition of property. It is further agreed that Husband shall remove within seven (7)
days of the signing of this Agreement his motorcycle and three (3) boxes of personal belongings
which are located in the garage at 520 South Third Street, Lemoyne, Pennsylvania, the marital
residence, If Husband fails to remove the said property by the specified date, then the it shall be
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deemed that Husband forfeits the property to the Wife and the property shall be deemed to be the
sole property of the Wife. It is specifically agreed that Husband will rtmove from garage the
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containers of used motor oil which he has stored therein, If Husband fails to remove the
containers of used motor oil within thirtY 130\ days of the signing of this Agreement, Wife may
remove the containers of used motor oil and Husband shall be responsible for any removal costs
incurred by Wife,
B, DISTRIBUTION OF REAL ESTATE: It is understood and agreed
that the parties are the joint owners of certain real estate located at 520 South Third Street,
Lemoyne, Cumberland County, Pennsylvania, Husband agrees that as part of this property
settlement, Husband will to transfer to Wife immediately upon signing of this Agreement. all of
his interest and title to the marital home known as 520 South Third Street, Lemoyne,
Cumberland County, Pennsylvania free of all encumbrances e:'tcept that of the outstanding Harris
Savings Bank Mortgage Account No, 103001223 which the Wife agrees to assume and to pay,
and that the Husband will execute and deliver a deed conveying Husband's interest in said
property to the Wife upon the signing of this Agreement,
It is also agreed that the parties jointly own four (4) grave plots in Rolling Green
Cemetery, The parties agree to evenly divide the grave plots so that Husband receives two (2)
grave plots and Wife receives two (2) grave plots,
C. TAX LIABILITY: The parties believe and agree that the division of
property heretofore made by this Agreement is a non-la:c:able division of property between co-
owners rather than a la:c:able sale or exchange of such property, Each party promises not to take
any position witt. rtspect to the adjusted basis of the property assigned to him or her or with
respect to any other issues which is inconsistent with the pos~tions set forth in the preceding
sentences on his or her Federal or State Income Tax Return,
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II. MOTOR VEmCLES: With respect to the motor vehicles owned by the
parties, they allfCC that each motor vehicle titled in the Husband's name shall be the exclusive
property of the Husband, With respect to the motor vehicles owned by the Wife, the parties
agree that tach motor vehicle titltd exclusively in the name of Wife shall be the exclusive
property of the Wife,
12. HEAL Tn INSURANCE: After the date of entry of the Decree In Divorce, the
pBrties shall be responsible for obtaining their own individual health insurance coverage and the
payment of their own mtdical debts,
13, ALIMONY: Both parties acknowledge and agree that the provisions of this
Agreement providing for equitable distribution of marital property arc fair, adequate and
satisfactory to them and arc accepted by them in lieu of a full and final selllement and
satisfaction of any claims or demands that either may now or hereinafier have against the other
for support, maintenance, or alimony, Husband and Wife further, voluntarily and intelligently,
waive and relinquish any right to seck from the other any payment for support or alimony,
14, ALIMONY PENDENTE LITE, COUNSEL FEES. AND EXPENSES:
Husband and Wife acknowledge and agree that the provisions of this Agreement providing for
the equitable distribution of marital property of the parties arc fair, adequate and satisfactory to
them. Both parties agree to accept the provisions set forth in this Agreement in lieu of and in full
and rmal senlernent and satisfaction of all claims and demands that either may now or hereafter
have against the other for alimony pendente lite, counsel fees or expenses or any other provision
for their support and maintenance before, during, and afier the commencement of these
proceedings for divorce or annulment between the parties,
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IS, INCOME TAX PRIOR RETURNS: The parties have hereunto filed ,ertaia
joinl Income Tax Returns through and including Tax Year 1991. Husband represents and
warrants 10 the Wife that he has heretofore duly paid all Income T i1Xes due on such returns; and
he docs not owe any interest or penalties with respect thereto; and that no tax defi,iency is
pending or threatened against him; and that no audit is pending with respect to any su,h relUm.
If there is any deficien,y assessment. on any of the aforesaid relUms, the Husband shall give Wife
immediate notice thereof, in writing, The Husband further warrants that he shall pay the amount
ultimately determined to be due, togtther with interest and penalties, if any, as well as all
expenses that may be in,urred if he de,ides to ,bntest the assessment. Further, regarding the
1991 Income Tax Returns, the parties agree that any refund(s) due from tht'Se return(s) shall be
divided one-half to Husband and one-half to Wife,
16, LIFE INSURANCE: The Father agrees to designate the daughter, Elizabeth S.
Drayer, as the irrcvoc:able, Fifty percent (50%) primary beneficiary of the whole life insuran,e
policy from American General Life insuring the life of the Father which was purchased during
th~ course of the parties' marriage. This policy has a fa,e amount of :550,000.00, The Father's
obligation to maintain the poli,y and pay the premiums and retain the said beneficiary shall
terminate at such time as Elizabeth S, Drayer's nonnal edu,ational requirements, including
undergraduate ,allege and or vocational training is concluded or Elizabeth S. Drayer reaches the
age of Twenty-five (25) years of age, whi,hever occurs last. So long as the parties arc bound
under this paragraph, Father shall:
a. Simultaneously with the execution of this Agreement. the Husband shall
designate Elizabeth S, Drayer as the Fifty (50%) Percent irrevocable primary
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beneficiary of the entire proceeds of the said policy with the face amount of
Fifty Thousand Dollars ($50,000,00).
b, The Husband shall at all times keep the aforementioned policy in full force
and tffect and shall promptly pay any and all dues, prtmiums and
assessments thereon. Husband, further, shall not convert, borrow against,
pledge or tIIcumber said ~olicy,
c. Within Thirty (30) days of the execution of this Agreement, Husband shall
provide proof satisfactory to the Wife that he has taken all sttps necessary to
cause the insurance company issuing the aforementioned insurance policies
to forward duplicated premium receipts to the Wife and Husband shall
provide Wife with the name, address, and telephone number of insurance
broker for the policy,
d. If Husband defaults in the payment of dues, premiums or assessments on the
aforementioned policies, the Wife shall have the option, but not the
obligation, to pay the same, In the event that the Wife elects to make such
paymtllts, the Husband shall forthwith become liable to Wife for the
aggregate of such payments made by the Wife,
e, If the aforementioned life insurance policies are not in full force and tffect
at the time of the Husband's death, or, if for any reason the Child does not
receive the proceeds thereof that child is entitled to under this paragraph,
then the Child and or the Wife shall have a creditor's claim against the
Husband's estate in an amount equal 10 the insurance proceeds Child should
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have received under the provisions of this paragraph, namely Twenty-Five
Thousand Dollars ($2S,OOO,OO),
(, Notwithstanding any other provision of this Agreement, it is understood and
agrted by and between the parties that any insurance proceeds payable in the
event of the Husband's death in excess of Twenty-five Thousand Dollars
($2S,OOO,OO) shall be payable to such beneficiary or beneficiaries as the
Husband might select.
17. WAIVERS OF CLAIMS AGAINST ESTATES: Except as herein otherwise
provided, each party may dispose of his or her 'property in any way, and each party hereby
waives and relinquishes any and all rights he or she may now have or thereafter acquire, under
the present or future laws of any jurisdiction, to share in the property of the estate of the other as
a result of the marital relationship, including without limitation, dower, curtsey, statutory
allowance, widow's allowance, right to take intestacy, right to take against the will of the other,
and right to act as Administrator or Executor of the other's estate, Each will, at the request of the
other, execute, acknowledge, and deliver any and all instruments which may be necessary or
advisable to carry into effect this mutual waiver and relinquishment of all such interest, rights,
and claims,
18, MUTUAL CONSENT DIVORCE: The parties agree and acknowledge that
their marriage is irretrievably broken, that they do not desile marital counstling, and that they
both consent to the entry of a Decree in Divorce pursuant to 23 Pa. C,S,A, Section 3301(c),
Accordingly, both parties agree to forthwith execute such consents, affidavits, or other
documents and to direct their respective attorneys to forthwith file consents, affidavits, or other
document, as may be necessary to promptly proceed to obtain a divorce pursuant to said Section
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23 Pa, C,S,A, Section 330I{c). Upon request to the extent permitted by law and the applicable
Rules of Civil Procedure, the namtd Defendant in such divorce action shall execute any waivers
of notice or other waivers necessary to expedite such divorce,
It is the intention of the parties that the Agreement shall survive any action for
divorce which may be instituted or prosecuted by either party and no Order, Judgment or Decree
In Divorce, temporary, fmal or permanent ~hall affect or modify the financial terms of this
Agreement. This Agreement shall be incorporated but shalt not be merged with said Judgment
or Decree of Final Divorce, but shall be incorporated for the purpose of enforcement only,
19, BREACH AND ENFORCEMENT: If either party breaches any provision of
this Agreement, the other party shall have the right, at his or her election, to sue for damages for
such breach, or seek such other remedies or relief as may be available to him or her, and the
party breaching this Agreement shall be responsible for payment of attorney fees, legal fees and
costs incurred by the other in enforcing his or her rights under this Agreement.
20, ADDmONAL INSTRUMENTS: Each of the parties shall from time to time,
at the request of the other, execute, acknowledge and deliver to the other party any and all further
instruments that may be reasonably required to give full force and effect to the provisions of this
Agreement.
21. HEIRSfBANKRUPTCY: All financial obligations undertaken by the Husband
shall be binding upon his heirs, executors, administrators, successors and assigns, and shall
constitute a charge against the Husband's tstate. It is further acknowledged alld agreed that said
payments are child support payments and are not intended by the parties to be debts which may
be discharged in bankruptcy,
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22, TAX ADVICE: Both parties hertto hereby acknowledge and agree that they
have had the opportunity to retain their own accountants, certified public accountants, tax
advisor, or talt attorney with Icference to talt implications of this Agreement. Further neither
party has been given any tu advice whatsoever by their respective attorneys, Further, both
parties hcrtby acknowledge that they have been advised, by their respective attorneys, if any, to
seek their own independent ta:< advice by retaining an accountant, certified public accountant,
tax attorney, or talt advisor with reference to the talt implications involved in this Agreement.
Further, the parties acknowledge and agree that their signatures to this Agreement serve as their
acknowledgment that they have read this particular paragraph and have had the opportunity to
seek independent talt advice.
23, VOLUNTARY EXECUTION: The provisions of this Agreement and their
legal effect have been fully explained to the parties by their respective counsel, and each party
acknowledgts that the Agreement is fair and equitable, that it is being entered into voluntarily,
with the full knowledge of the assets of both parties, and that it is not the result of any duress or
undue influence, The parties acknowledge that they have been furnished with all infonnation
related to the fmancial affairs of the other which has been requested by each of them or by their
respective counsel.
24, ENTIRE AGREEMENT: This Agreement contains the entire understanding of
the parties. There are no representations, warranties, covenants, or undertakings other than those
expressly set forth herein. Husband and Wife acknowledge and agree that the provisions of this
Agreement with respect to the distribution and division of marital and separate property are fair,
equitable and satisfactory to them based on the length of their marriage and other relevant factors
which have been taken into consideration by the parties, Both parties hereby accept the
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29, INDEPENDENT AND SEPARATE COVENANTS: It is specifically
understood and agretd by and between the parties hereto that each paragraph hereof shall be
deemed to be separate and independent covenant and agreement.
30. APPLICABLE LAW: This Agreement shall be construed under the laws of the
Commonwealth of PeMsylvania.
31. VOID CLAUSES: If any tenn, condition, clause, or provision of this
Agreement shall be detennined or declared to be void or invalid in law or otherwise, then only
that tenn, 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,
32, AGREEMENT BINDING ON HEIRS: This Agreement shall be binding and
shall inure to the benefit of the parties hereto and their respective heirs, executors,
administrators, successors, and assigns,
IN WfTNESS WHEREOF, the parties hereto have set their hands and seats the day and
GL~~i.lYi~O-t..l -e-_
~-Y/1A~
, R.DRAYER
(SEAL)
(SEAL)
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COMMONWEALTH OF PENNSYLVANIA )
) 55:
COUNTY OF CUMBERLAND )
On the ;t;^'f' day of S'A~ . 19?7. before me, the
subscriber, a Notary Public for the COmnlonwealth ofPcMsylvania, residing in the County of
Cumberland, penonally appeared before me GLORIA J. DRA YER and in due fonn of law
acknowledged the above Agreemenllo be her acl and deed.
;!:;~/f~ 4. ~~ ~
NOl4ry Public ~
NOTA _AI SIAL
IIIlI!H .. COYNE Hotaty PI.
Hampdt. r..p.. Cu..borlaftd bIc
M~ Comm'",on r.pI,.. J\In. ~~A
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COMMONWEALTH OF PENNSYLVANIA )
) 58:
COUNTY OF CUMBERLAND )
On the ~~\)(\laY of ~\ ~\~ I.'^-_ . 19n before me, the
subscriber, a Notary Public for the Commonwealth of PeMsylvania, residina in the County of
Cumberland, personally appeared before me DAJIlD R. DRAYER and in due form of law
acknowledaed the above Agreement to be his act and deed.
~"'~ ~..
. Notary Public ~
NO rAAIAl SEAL
DIANNE lENIG, Notary Public
lemoyne Borough Cumberland Co,
My Commission Expires Dee, 21, 1997
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DAVID R. OHMER,
1:-1 '!liE caJR'I' Of CCMaI PLEAS Of
C\..MBERtAND caJNrY, PE1'<'NSYLVA.'lIA
PlaintiH
NO,
CIVIL
19
94-5799
vs,
GLORIA J, DRAYER,
Defendant
PRAECIPE TO TRANSMIT RECORD
To the Prothonotary:
Transmit the record, together with the following information, to the court
for entry of a di'/orce decree:
1. Grounds for divorce: irretrievable breakdown under Section 3301 (c)
~ of the Divorce Code. (Strike out inapplicable section)
2. Date and l1'anner of service of the ccmplaint:
Service on Defendant's
counsel, Lisa Marie Coyne, Esquire. on October 18. 1994, Acceptance of Service filed
3. Ccmplete either Paragraph A, or B.
October 21, 1994.
A. Date of execution of the affidavit of consent required by Section
3301 (cl of the Divorce Code: by the plaintiff September 30. 1997
by the defendant October 6, 1997
B, (1) Date of execution of the plaintiff's affidavit required by
Section 3301 (d) of the Divorce Code:
(2) Da~e of service of the plaintiff's affidavit upon the defendant:
4. Related claims pending:
5. Indicate date and manner of service of the notice of intention to file
praecipe to transmit record, and attach a copy of said notice under Section
33Ql (d)(l)(i) of the Divorce Code Waiver of Notice signed by the Defendant
on October 6, 1997 and filed concurrently herewith.
i
LAW OfPlCU
JOtDlSON.oDUF~E, STeW ART II WEIDNElt " "
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DA VID R. DRAYER,
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 9~" j 111 (It tlt t.J gv
IN DIVORCE
Plainlitl'
vs.
GLORIA], DRAYER,
Defendant
NonCE TO DEFEND AND CLAIM RIGIITIi
You have been sued In coun, If you wish to defend aaainst the claims set forth in the followina pqes, you
must take prompt action, You are warned that if you fail to do so, the case may proceed without you and a decree 0
divorce or annulment may be entered against you by the coun, A judgment may also be entered against you for any
other claim or relief requested in these paaes by the Plaintiff, You may lose money or property or other riaJIts
important to you, includina custody or visitation of your children,
When the around for the divorce is indignities or irretrievable breakdown of the marriage, you may request
marriaae counselina. A list of marriage counselors is available in the Office of the Prothonotary at the Cumberland
County Courthouse, Carlisle, Pennsylvania,
IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY, LAWYER'S FEES OIl
EXPENSES BEFORE THE 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 Nar HAVBA
LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTII BELOW TO FJNI)
OUT WHERE YOU CAN GET LEGAL HELP,
Coun Administrator
Cumberland County Courthouse
I Courthouse Square
Carlisle. PA 17013.3387
Telephone: (717) 240-6200
1l99999-000JIIAu.....JI,l9941ILH/MH/JnI4
DA VID R. DRAYER,
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO.
Plaintiff
VI.
IN DIVORCE
GLORIA J, DRAYER,
Defendant
COMPLAINT IN DIVORCE
UNDER SECTIONS 330llcl OR 33011d) OF THE DIVORCE CODE
AND NOW, comes the Plaintiff, David R. Drayer, by his altOrneys, Johnson, Duffle, Stewart" Weidner,
and flies this Complaint in Divorce of which the following is a statement:
I, The Plaintiff, David R, Drayer, is an adult individual residing at 320 Juniper Drive, Etters, Yorlt County,
Pennsylvania,
2, The Defendant, Gloria J. Drayer, is an adult individu&l residing aI 520 Soulb Third Street, Lemo}'llll,
Cumberland County, Pennsylvania,
3, The Plaintiff and Defendant have been 110na fide residents in the Commonwealth for allwt six montha
previous 10 the filing of this Complaint.
4, The Plaintiff and Defendant were married on November 16, 1974, in New Cumberland, Cumberlaad
County, Pennsylvania and separated on or about April 16, 1994,
5, There have been no prior actions for divorce or annulment between the parties.
6, The Plaintiff has been advised of the availability of marriage counseling and Iballbe Plaintiff may have die
right 10 request thai the Court require the parties 10 participate in counseling.
09999'l 000311""1"'" 31, 19941ILH/,MH/JTII4
7, The marrlaae Is irretrievably broken.
WHEREFORE, PIaInIiff requeats this Honorable Court 10 enter a dllCree of divorce 10 Plalnliff and Defendant
II il they bad never been married.
JOHNSON, DUFFIE, STEWART oft WEIDNER
/
Date:{ () - (, - <; "/
L" jJ.1J~
Joseph L. HitchIngs - ~
Attorney I,D. No, 65551
30 I Market Street
P,O, Boll 109
Lemoyne, PA 1704HlI09
Te\ephone (717) 761-4540
Attorneys for Plaintiff
B'
I verify that the Slatementa made in this Complaint are lrue and corrCl:t 10 the beat of my bIowledJe,
information and belief, I understand that false statements made herein are made subject to the penaltl. of 18 h.
C,S.A 14904, relatinJIo unsworn falsification to authorities.
Date: a) tP, ;<;9Y
,
(/lY/?d~
David R. Drayer
_l:.
"
099999-0003I1Aullult J I, 1994/ILH/~H/3nI4
. .
DA VID R, DRAYER,
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO,
Plaintiff
vs.
IN DIVORCE
GLORIA J. DRAYER,
Defendant
AmDA VIT
DAVID R. DRAYER, beina duly sworn accordinato law, d~poses and says:
1. I !.ave been IIdvised of the availability of marrlaa. counsellna and understand thall may request that the
court require that my spouse and I participate In counseling,
2, I understand that the court mainlains a list of marriage counselors in the Prothonotary's Office, which list
is available to me upon request,
], Beina so advised, I do not r~quest that the court requir~ that my spouse and I participate in counselina prior
to a divorce decree being handed down hy the court.
I verify that the slatemer.ts mad~ In this Affidavit ar~ lrue and correct. I understand that false statements herein
are made subject to the pen:.lties of 18 Pa,C,S, G4904, relating to unsworn falsification to authorities.
Date: ()t'"cl 6. 19YY
/
62~/k:4/U~
David R. Drayer /
, .
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY. PENNSYLVANIA
NO. 94-5799 CIVIL TERM
CIVIL ACTION - LAW
DAVID R. DRAYER,
V,
GLORIA J, DRAYER,
IN DIVORCE
Defendant
AFRDAVIT OF CONSENT
1. A Complaint In divorce under Section 3301(c) of the Divorce Code was filed on October 11,
1994,
2, The marriage of Plaintiff and Defendant is irretrievably broken and ninety days have elapsed
from the date of filing the Complaint.
3, I consent to the entry of a final decree in divorce after service of notice of Intention to request
entry of the decree,
4. I have been advised of the availability of marriage counseling, understand that the Court
maintal11S a list of marridge counselors and that I may request the Court require my spouse and I to part!dpate
in counseling and, being so advised, I do not request that the Court require that my spouse and I participate In
counseling prior to the divorce becoming final,
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, ~904 relating to unsworn falsiflcallon to
authorities,
Date: 0~~4 ?
~J~ K4h~C
David R. DrayKr
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DAVID R, DRAYER.
Plaintiff
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYL VANIA
va,
: NO, 94-5799 CIVIL TERM
GLORIA ], DRAYER,
Defendant
: IN DIVORCE
AFFIDAVIT OF CONSENT
l. A Complaint In Divorce under Section 3301(c) of the Divorce Code waa filed on
October 11. 1994.
2. The marriage of plaintiff and defendant is irretrievably broken and ninety (90) days have
elapsed from the date of filing and service of the Complaint.
3, I consent to the entry of a final decree of divorce after service of notice of intention to
request entry \lfthe decree,
I verity 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,
Dated: {} t::6bM-.-- , .L2..l.. ?
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GI/RIA J. 0 R, oiYlNDANT
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: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYL VANIA
: NO. 94-5799 CIVIL TERM
DAVID R, DRAYER.
Plaintiff
GLORIA 1. DRAYER.
Defendant
: IN DIVORCE
WAIVER OF NOTICE OF INTENTION TO REOUEST
ENTRY OF A DIVORCE DECREE UNDER SECTION 330lfcJ
OF THE Dn'ORCE CODE
\, I consent to the entry of a final decree of divorce without notice,
2, I understand that I may lose rights conctrning alimony, division ofproperty,1awyer's
fees or expenses if I do not claim them before a divorce is granted,
3, 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,
I verify thatlhe statements made in thiS affidavit are true and correct. I understand that false
statements herein are made subject to the penalties of \8 Pa,C,S. Section 4904 ~lating to unsworn
falsification to authorities,
Date: Oauu....- ~, In?
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DA VID R, DRAYER.
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY. PENNSYLVANIA
NO, 94-5799 CIVIL TERM
Plaintiff
vs,
IN DIVORCE
GLORIA J, DRAYER,
Defendant
ACCEPTANCE OF SERVICE
I, Lisa Coyne, Esquire, attorney for the Defendant in thll ahove action, do certify that I received a certified
copy of the Divorce Complaint above-captioned on I B 0," T ''I ' I hereby accept service of the
complaint, waiving any defects in service of process.
I verify that the statements made in this Acceptance of Servicll are true and correct. I understand thaI false
statements herein are made suhjecllo the penalties of 18 Pa,C.S, ~904. relating to unsworn falsit1cation to authoritioll,
Date: /8 ocr 9<1
.
.,
DAVID R. DRAYER.
Plalnllff
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PA
vs,
: NO. 94-5799 CIVIL TERM
GLORIA J. DRA YEa.
Defendant,
: IN DIVORCE
NOTICE TO DEFEND AND CUlM RIGHTS
You have been sued in court, [fyou 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 the di vorce is indignities or irretrievable breakdown of the marriage, you
may request marriage counseling. A list of marriage counselors is available in the Office of the
Prothonotary at the Cumberland County Courthouse, Hanover and High Streets, Carlisk, PA 17013,
IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY,
LAWYER'S FEES OR EXPENSES BEFORE A DIVORCE OR ANNUUIENT IS GRANTED,
YOU l\IA Y LOSE THE RIGHT TO CLAIM ANY OF THEM.
YOU SHOULD TAKE TillS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT
HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET
FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP.
"
Cumberland County Courthouse
Hanover and High Streets
Carlisle. PA 17013
(717) 240-6100
DAVID R. DRAYER.
Plaintiff
: IN THE COURT OF COMMON PLEASOF
: CUMBERLAND COUNTY, PENNSYLVANIA
VI,
: NO. 94-5799 CIVIL TERM
GLORIA J, DRAYER.
Defendant.
: IN DIVORCE
ANSWER
AND COUNTERCLAIM
AND NOW COMES Defendant, Gloria], Drayer, by and through her attorney, Lisa Marie
Coyne, Esquire, and avers the following in support of her answer and counterclaim:
(, Admitted. By way of further answer, Plaintiff resides at said address with his paramo\;!',
Patricia Behman,
2. Admitted.
3, Admitted.
4. Admitted.
5, Admitted,
6, Admitted,
7, Admitted.
8. Denied, Marriage has not irretrievably broken through no fault of the Plaintiff..
WHEREFORE, Defendant requests this Honorable Court to deny Plaintil'rs request for a no-
fault divorce pursuant to Sections 3301( c) or 3301( d) of the Divorce Code,
'4~;A'; ,j
"
COUNTERCLAIM
COUNT I. FAtII,T DIVORCE
9, The Defendant's answers to Paragraphs I through 8 arc incorpol'lltcd herein.
10, Plaintiff has offered such indignities to Defendant, the innocent and injured
spouse as to lender her condition intolerable and life burdensome due in large part to Plaintiff's lib use of
alcohol.
11, Plaintiff committed adultery during the course of his marriage to Defendant to :nclude
his involvement with prostitutes,
WHEREFORE, Defendant requests your Honorable Court to enter a decree divorcing Defendant
from Plaintiff pursuant to Section 3301(a) (2) andlor Section 3301 (a) (6) of the Divorce Code,
COUNT ))
REQUEST FOR COUNSEL FEES, COSTS AND EXPENSES UNDER SECTION 3104, SECflON
3323 AND SECfJON 3702 OF THE DIVORCE CODE,
12, Paragraphs I through II above are incorporated herein.
13, Defendant has employed Henry F, Coyne, Esquire and Lisa Marie Coyne, Esquire, to
represent her in this matrimonial case,
14, Defendant is unable to pay the necessary counsel fees, costs, and expenses and Plaintiff
is more than able to pay them.
IS, Reserving the right to apply to the Court for temporary counsel fees, costs, and expenses
prior to the final hearing, Defendant requests that, aller final hearing, the Court order Plaintiff to pay
Defendant's reasonable counsel fees, costs and expenses,
"
WHEREFORE, Defendant respec~fully requests that, pursuant to Section 3104, 3323 and Section
3702 of the Divorce Code, the court enter an Order directing Plaintifi'to pay Defendant's reasonable
counsel fees, eosts and expenses,
COUNT 111
CUSTODY
16, Paragraphs I through IS of this Complaint are hereby incorporated herein by reference
as though set forth in full,
17. Defendant seeks custody of Elizabeth S, Drayer, Age 14, who resides with Defendant at
the above.identified address,
The child was not born out of wedlock,
The child is presently in the custody of the Defendant at the above-identified address,
In the past five years, the parties' daughter has resided with the Defendant at the above-
identified address with the parties.
The Mother of the child is the Defendant.
The Mother is married,
The Father is the Plaintiff.
The Father is married.
18, The relationship of plaintiff to the child is that of father,
19 The relationship of defendant to the child is that of mother, She currently resides at the
above.ideotified address with her daughter, Elizabeth S. Drayer,
20. Defendant has not participated as a party, witness or in any othtr capacity in any other
litigation concerning the custody of the same child in this or any other state.
21, Defendant does not know of a person not a party to the proceedings whQ has physical
custody of the child or claims to have custody or visitation rights with respect to the child.
22, The best interest and permanent welfare of the child would be served by granting
requested relief because not only does the child prefer to reside with her Mother. the MotherlDefendant
has historically been the primary custodial parent and stable influence on the child,
WHEREFORE, Defendant prays your Honorable Court to confirm custody of the child
of this marriage with the Defendant.
Respectfully submitted,
Dated:-P-.' OC'T .,,,
. a Marie Coyne, Esqul
o I Market Street
CampHiII,PA 170114227
(717)737.0464
Pa, S, Ct. No, 53788
ATTORNEY FOR DEFENDANT
.
,)
;\
VIllI... A.11ON
The flll:tS set forth in the foregoing are true and correct to the best of the IJftd-il""""s
Imowlec!ge, infOllJll!!lon l&I1d btllief and are verified subject to the penalties for unawom
falsification to authorities UJIdao 18 PL C,S.A. 54904.
Dated: 1" fJ 0 rr " ,
-1 LlJ.a'.. rJ' AD" ~ )' fk
. , . ~
CERTIFICATE OF SERVlCE
I, Lisa Marie Coyne, Esquire, do hereby certify that a true and correct coy ofthc Answer and
Counterclaim has been served this ~ day of t'i t.. 'T D . e l!. , 1996, by fint class mail,
postage prepaid upon those listed below:
Joseph L. Hitchings
Johnson, Duffie, Stewart & Weidner
p, 0, BOll 109
Lemoyne, PA 17043-0109
Dated: rf't oc.... "to
arie oyne, Esquire
3 1 Market Street
Camp Hill, PA 170114227
(717) 737.0464
Pa, S. Cl. No, 53788
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JOHNSON, DUPFUl, STBW ART fJ WEIDNt!R
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DA VID R. DRAYER.
IN THE COURT OF COMMON ILEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO, 94-S799 CIVIL TERM
Plaintiff
vs,
IN DIVORCE
GLORIA J, DRAYER,
Defendant
PLAINTIFF'S ANSWER TO DEFENDANT'S COUNTERCLAIM
AND NOW, this )J-l day of October, \996, comes the Plaintiff, David R. Drayer, and answers the
Counterclaim of the Defendant as follows:
COUNT 1
FAULT DIVORCE
9, Paragraphs \ through 8 of Plaintiffs Divorce Complaint are incorporated herein by reference as if the
same were more fully set forth at length herein,
\0, Denied, At no time has the Plaintiff offered any indignities to Defendant.
\\, Admitted In part, Denied in part, It Is admitted that Plaintiff had an affair durlna the parties'
marriage. however, this was ten years prior to the parties' separation and the Defendant forgave the Plaintiff and
afterward the parties engaged in normal marital relations. By way of further answer, Plaintiff has never committed
adultery with a prostitute,
WIlEREFORE, Plaintiff requests your Honorable Court to enter a decree divorcing Plaintiff from Defendant
pursuant to Section 3301(c) or 3301(d) of the Divorce Code.
001013-0000310<100,,18, 1'/96IlLHIMHIl7121
COUNT 1/
REQUEST FOR COUNSEL FEES, COSTS AND EXPENSES
UNDER SECTION 3014, SECTION 3323 AND SECTION 3702 OF THE DIVORCE CODE
12, Paragraphs I through 8 of Plaintiffs Divorce Complaint and paragraphs 9 through II of the above
Answer are incorporated herein by reference as if the same were more fully set fonh at length herein.
13, Admitted.
14. Denied, By way of further answer, Plaintiff is not currently able to pay his own attorney's fees, much
less those of the Defendant, and has a substantial balance owing to his counsel. By way of still further answer,
Defendant has a better paying job than Plaintiff, and as such is able to pay her own counsel fees, costs and expenses.
IS, Denied. See answer to paragraph 14 above,
WHEREFORE, Plaintiff respectfully requests that Defendant's request for counsel fees, costs and expenses
be denied,
COUNT 11/
CUSTODY
16, Paragraphs I through 8 of Plaintiffs Divorce Complaint and paragraphs 9 through IS of the above
Answer are incorporated herein by reference as If the same were more fully set forth at length herein.
17. Admitted.
18, Admitted.
19, Admitted,
20. Adm:tted,
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JOHNSON, DUFFIE. STEWART (I WEIDNER
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DAVID R. DRAYER,
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY. PENNSYLVANIA
NO. 94-S799 CIVIL TERM
IN DIVORCE
Plaintiff
vs.
GLORIA 1. DRAYER.
Defendant
PETITION FOR BOUITABLE DISTRIBUTION UNDBR THE DIVORCE CODE
AND NOW, comes the Plaintiff. David R. Drayer. by and through his undersigned anomeys.lohnson. Duffie.
Stewart &. Weidner, and respectfully represents that:
COUNT I . EQUITABLE DISTRIBUTION
1. Petitioner. David R. Drayer, Is the Plaintiff in the above referenced divorce ....tlon who filed a
Complaint In Divorce under Section 3301(c) or 3301 (d) of the Divorce Code on October II. 1994. Respondent, Olorla
1. Drayer. is the Defendant in the above captioned action and has not flied a counterclaim or complaint for related
matters under the Divorce Code.
2. Petitioner and Respondent were married on November 16. 1974 In New Cumberland. Pennsylvania
and separated on or about April 16. 1994.
3. Petitioner and Respondent have legally and beneficially acquired properly durlna their marrlaae from
November 16. 1974 until April 16. 1994 the date of their separation, which property is .marital property..
4. Petitioner and Respondent may have owned. prior to marriage. property. both real and personal. which
property has increased in value during the marriage and/or which has been exchanged for other property. which baa
increased in value during the marriage. all of which is .marital property..
S. Petitioner and Respondent have been unable lQ agree as lQ an equitable division of laid property to die
date of filing of '.his Petition.
OO'oaHOOo:J/Mudlll, 1_ILHIMHm2JS
6. Petitioner requeatl lb. Court lQ equitably dlvid. all marital properly ownlna or beIooalJlllo lb.
Petitioner and Respondent.
10HNSON. DUFFIE. STEW ART &. WEIDNER
Date: ~ _ /'- <:/1.
By:
seph L. Hitchings
~lIomey I,D. No. 6SSS1
30 I Market Street
P.O. Box 109
Lemoyne, PA 17043-0109
Telephone (717) 7614S40
AlIorney. for David Drayer
I!
OO'OI3.00003lMateb tl, 19961ILHIMHISl2JS
VERlFICA1'ION
I. Dav!d R. Drayer, verify lbat lb. ltatementl made In lb. foreiolJll Petition are true and correct to lb. beat
of my knowledi', information and bell.f, I undentlnd lbat false ltaten-II herein are made lubject to the penaltiel
of 18 PI,C.S. 14904 relatlni to unsworn falsification 10 authorities,
Dat.:
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David R. Drayer
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