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HomeMy WebLinkAbout94-06622 ....~ .J ';rcr ;''N, '~~~:..9' U {ii'io: ~G c,._ -- ....... t, , , \ ' p'l ' . '''1' '\ 'I)L'[ 'I 'I 'L''''l''L[ 'I" >. ..-.\..'\. ;-\"\4"" ~j .~,. . \. . J. ~I.) . d .\. I' ~1~Hjllil'l. f1,1~J :')11 lIHjrn;I~) COIH1, I bpl',IJllr~J. PA 17109 (7 ~r;',:~ir,:I~ ~ (, ..' .. ~ ~ $ ~ " ~ ~ ~ ~ ~ ~ --- - :~ <<- -:.:. . .' . . . ~--~*--------------->---------~ ~ ::i ."':.:;;:,-.---~---------'--~-----;" '7-'-~-----"--' -;;..--~ 8 -...... ....' .~ " ,. 8 : IN THE COURT OF COMMON PLEAS : ~ 8 ~ ~ ~ $ $ .. " $ ~ ,;, " OF CUMBERLAND COUNTY STATE OF ~I'f' t . ... ~. "'1', ..-r PENNA. EUGENE MERRILL, Plaintiff i\: I). .. 94,,6622. uuuuuu II) Vt'I':..llS uu MARIPEE MERRILL, Defendant .. " ~ 8 .. " DECREE IN DIVORCE ~ ~ 8 ~ ~ ~ 8 e ~ ~ ... ANn NOW, . . . . . . . . . . d....r.:~r.. . . . . :'.'. .'.. 19, :',1,--:.. it Is ordaredllnd decreed thllt ....... EUGENE .MERRILL... . .. , ... . .... ., . . ... . . " plf.llntlff, and. . . . .M~R;r.Illle. ME;ij\l;r,L.4. . . . . . , . . . , ,. . ., . . . . . . . . . . . . . , .. . .. daffmdllnt, ore divorced from the honds of mat,imony. The terms of the Marriage Settlement Agreement entered into by the parties on July 4, 1995, are incorporated herein, put not merged, The cOllrt retlllns iurisrllction of the following claims which hove been roisAd of record In this octlon for which a finol ordfH has not yet bAen An tered; .. .NONE...,.,.........,...,...........,.,...."..............,........... , ................... .....,... ,......... ......... ......... . .-- ~\/t ^lIc.I:~I(.It.t~e {' (Mt~ ~#n~~ .I. I. 'J- ',/~ r'~ JY Nj,. '7t:Lb?/!<. P -b?f;' k. ~. -/ - JronwnntnfY J ,~ ( . I'"' ',' I~ -:0:' .:.:- .:.:- .:.:- -:.:. .:.:- .:t:.' ~---_.~--.---; _..~ _.- , ----~.-.... , - .~:. .:.:. .~.:. .:.:. .:.;. .~.:. .:.~ .:.:. .:.:- .:.:- .:.:. -:.;. -:.:. .:.:. .:t:. .:.;. ~ '.' .. " ~ <, ~ ,'; :, ~ '.' ~ ~ '.' ~ ~ ~ ~ f~ .. " ~ $ ~ u ., ,', ~ .. ~ ~ ~. . ,0 ~ ,'~ ~ ~ '.' ~ ',' ,', ~ ~ ~ ',' ~ ~ ~ '.' ~ s g" /.;1~~f c:.J C~ /"a.f/ ~ /If. ~/~ <()9.~f") '/ftkL /'&':..1/ -;f 1/' ~.. '. T...'.', . ~ .., " ~ . " -I ... . ..,.,..... --."",,- '" ",", -" ".-' MARRIAGE SETTLEMENT AGREEMENt THIS AGREEMENT is made and entered into between Eugene M. Merrill, Jr. and Maridee P. Merrill, hereinafter referred to as Husband and Wife, The parties were married on June 20, 19B1 and there are two children born of their marriage, to wit, Christopher M. Merrill born July 10, 19B6 and Jennifer L. Merrill born February 4, 1990, As a consequence of disputes and unhappy differences, the parties have separated. The parties desire to confirm their separation and make arrangements in connection therewith, including the settlement of their property righte, custody, aupport, and all other rights and obligations arising out of the marriage relationship. It is therefore agreed: l. CONSIDERATION The consideration for this Agreement is the mutual promisee and agreements herein contained, 2, SEPARATION AND NONINTERFERENCE A. It will be lawful for each party at all times hereafter to live separate and apart from the other party at such place or places as he or she may from time to time choose or deem fit. B. Each party shall be free from interference, authority and control, direct or indirect, by the other, as fully as if he Page 1 of 17 /. . 0\ , ~ '.-' -" ,~ ~'" , ". .. . " ',' or she wele single and unmarried. Neither shall bother the other or compel or endeavor to compel the other to cohabit or dwell with him or her. 3. MUTUAL RELEASF Subject to the provisions of this Agreement, each party has released and discharged, and by this Agreement does for himself or herself, and his or her heirs, legal representatives, executors, administrators, and aesigns, release and discharge the other of and from all causes of action, claims, rights, or demande whatsoevor, in law or equity, which either of the parties ever had or now has against the other, except any or all cause or causes of action for divorcs. 4. FULL DISCLOSURE The provisions of this Agreement and their legal effect are fully understood by each party to this Agreement, and each party acknowledges that the Agreement is fair and equitable, that it is being entered into voluntarily, and that it is not the result of any duress or undue influence. Husband and Wife each represent and warrant to the other that he or she has made a full and complete disclosure to the other of all assets of any nature whatsoever in which such party has an interest, of the sources and amount of the income of such party of every type whatsoever, and of all other facts relating to the subject matter of this Agreement. Husband represents that he was represented by Marianne E, Rudebusch, Esquire, in reaching this '. I .... ",. , Page 2 of 17 . . . . . . . ,.', . . . .- '. . ~ . " ..~ ,.... . , . ....: . ., -;. Agreement, and Wife represents that she was represented by Debra A. Denison, Esquire, in reaching this Agreement. Both parties represent that the terms of this Agreement have been fully explained to them by their respective counsel. 5, EOUITABLE DIVISION By this Agreement, the parties have intended to effect an equitable division of their marital property, This division is not intended by the parties to constitute in any way a sale or exchange of assets, 6, SUBSEOUENT DIVORCE A. AGREEMENT NOT PREDICATED ON DIVORCE It is specifically understood and agreed by and between the parties hereto and each of the said parties does hereby warrant and represent to the other that the execution and delivery of this , Agreement is not predicated upon nor made subject to any agreement for institution, prosecution, defense, or for the non- prosecution or non-defense of any action for divorce; provided, however, that nothing contained in this Agreement shall prevent or preclude either of the parties hereto from commencing, instituting or prosecuting any action or actions for divorce, either absolute or otherwise, upon just, legal and proper grounds; nor to prevent either party from defending any such action which has been, mayor shall be instituted by the other party, or from making any just or proper defense thereto. It is warranted, covenanted and represented by Husband and Wife, each Page 3 of l7 . ... .. j... -- . .. .tI.' . to the other, that this Agreement is lawful and enforceable and this warranty, covenant and representation is made for the specific purpose of inducing Husband and Wife to execute the Agreement. Husband and Wife each knowingly and understandingly hereby waives any and all possible claims that this Agreement is, for any reason, illegal or for any reason whatsoever, unenforceable in whole or in part. Husband and Wife each do hereby warrant, covenant and agree that, in any possible event, he and she are and shall forever be estopped from asserting any illegality or unenforceability as to all or any part of this Agreement. B. ENTRY AS PART OF DECREE - 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 of divorce, temporary, final or permanent, shall affect or modify the financial terms of this Agreement. This Agreement shall be incorporated in but shall not merge into any such judgment or decree of final divorce, but shall be incorporated for the purposes of enforcement only. C. MUTUAL CONSENT DIVORCE The parties agree and acknowledge that their marriage is irretrievably broken, that they do not desire marital counseling, 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 Page 4 of l7 0( " ~ .'-' ;. ... A,)" , , . . . ...... and to direct their respective attorneys to forthwith file such consents, affidavits, or other documents as may be necessary (:0 promptly proceed to obtain a divorce pursuant to said 23 Pa,C.S,A, Section 3301(c). Upon request, to the extent permitted by law and the applicable Rules of Civil Procedure, the named defendant in such divorce action shall execute any waivers of notice or other waivers necessary to expedite such divorce. 7, DIVISION OF PERSONAL PROPERTY Wife agrees that all of the property in the possession of Husband shall be the sole and separate property of Husband; and Husband agrees that all of the property in the possession of Wife shall be the sole and separate property of wife. The parties do hereby specifically waive, release, renounce and forever abandon whatever claims, if any, he or she may have with respect to the above items which shall become the sole and separate property of the other. The parties agree that Husband shall receive $30,000 within one month of the signing of this agreement and another $30,000 on or before January 30, 1996, totalling $60,000 as his share of the marital assets, B. DIVISION OF MOTOR VEHICLES With respect to the motor vehicles owned or leased by one or both of the parties, they agree as follows: Wife: 1994 Lexus ES 300 Page 5 of 17 0( ",' ,.-- '. ... ~,' , 'I ..~ Husband: 1995 Ford Explorer The titles to the said motor vehicles shall be executed by the parties, if appropriate, for effectuating transfer as herein provided, on the date of execution of this Agreement or at any time thereafter at the request of either party, 9, DISPOSITION OF PROPERTY From and after the date of the signing of this Agreement, both parties shall have complete freedom of disposition as to his/her separate property and any property which is in their possession or control pursuant to this Agreement and may mortgage, sell, grant, conveyor otherwise encumber 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 ather pertaining to such disposition of property, 10, DIVISION OF REAL PROPERTY Husband and Wife hereby agree and acknowledge that they own certain real property located at 1524 lIigh Meadow Lane, Mechanicsburg, PA, as tenants by the entireties, Husband hereby agrees to convey all his right, title and interest in said property to Wife, Husband agrees to execute a deed or other instrument of conveyancing necessary to effectuate this transfer at the time of the execution of this document, The parties acknowledge that there is an existing mortgage Page 6 of 17 ~ ~.~' . _,,of .-. I I . against this property held by PNC Bank in the amount of approximately $56,000, Wife agrees to refinance the marital home within one month of the execution of this marital Settlement Agreement, Said refinancing shall satisfy the joint mortgage in full. Wife shall hold Husband harmless and indemnify him from liability for any obligation arising under the existing mortgage. The partiea acknowledge that there is a joint home equity loan held by PNC Bank in the amount of approximately $30,000, Husband hereby agrees to assume responsibility for the equity loan, Notwithstanding the above, Wife hereby agrees to transfer title in PNC stock for full payment of the equity loan on behalf of Husband. This transfer is made in accordance with the provisions of IRS regulation 1041 and will be completed within one month of the execution of this Marital Settlement agreement. In the event that capital gains liabilities arise from this transaction, it is agreed by the parties that all such tax obligations will be shared equally. The parties agree that Wife shall provide Husband with a non-interest bearing note and mortgage secured by the marital home for $50,000 payable to Husband at the time that Wife sells the marital home. The parties also agree that Husband shall not record this mortgage prior to the date of the re-financing of the marital home by Wife. Page 7 of 17 .. ~ -.". ,... , . Each party hereto shall maintain sole ownership over his or her individual pension plan, profit sharing or similar retirement plan acquired individually or as the result of contributions by his or her employer, wife hereby releases any interest that she has in the retirement benefits of Husband accumulated as the result of his employment by Duron, Inc. and any other additional benefits he may have accrued. Husband hereby releases any interest that he has in the retirement benefits of Wife accumulated as the result of her employment by Mechanicsburg Area School District and any other additional benefits ehe may have accrued, This waiver is a full and complete discharge of each parties' marital claim. 15. MISCELLANEOUS All assets including, but not limited to, savings accounts, checking accounts, certificates of deposit and life insurance policies shall be the sole and separate property of the title holder of said asset. The joint checking account shall be the sole and separate property of Wife. The parties believe and agree, and have been so advised by their respective attorneys, that the division of property heretofore made by this Agreement is a non-taxable division of property between co-owners rather than a taxable sale or exchange of such property, Each party promises not to take any position with respect to the adjusted basis of the property assigned to him or her or with respect to any other issue which Page 9 of 17 4 " .....- .....,.,~ 4IfIA . ie inconsistent with the pos~tion set forth in the preceding sentence on his or her federal or state income tax returns. The parties have heretofore filed joint federal and state tax returns. Both parties agree that in the event any deficiency in federal, state or local income tax is proposed, or any assessment of any such tax is made against either of them, each will indemnify and hold harmless the other from and against any loss or liability for any such tax deficiency or assessment and any interest, penalty and expense incurred in connection therewith, Such tax, interest, penalty or expense shall be paid solely and entirely by the individual who is finally determined to be the cause of the misrepresentations or failures to disclose the nature and extent of his or her separate income on the aforesaid joint returns. l6. CHILDREN A. CUSTODY AND VISITATION - The parties shall share legal custody of the children born of this marriage. Mother shall have primary physical custody and Father shall be afforded partial phyeical custody as per the parties agreement. Mother shall provide Father with information concerning their health, education and welfare on a regular basis and shall permit Father to join in the decision making process as to the children's schooling, medical care and other important issues associated with their lives. B, BEST INTEREST OF CHILDREN - The parties shall exert Page 10 of 17 ~. ..... ;- -' ..,..' , every reasonable effort to maintain free access and unhampered contact between the children and each of the parties, and to foster a feeling of affection between the children and the other party, Neither party shall do anything which may estrange the children from the other party, or injure the children's opinion as to his mother or father, or which may hamper the free and natural development of the children's love and respect for the other party, 17, CHILD SUPPORT Current support is being paid pursuant to an Agreement of the Parties in the amount of $l42 per week. Child care costs shall be shared equally between Husband and wife. Husband's share ahall be paid on a monthly basis concurrent with support payments. wife shall supply Husband with proof of child care expenses on a monthly basis. Either party shall have a right to request modification or termination of the support obligation based on applicable law, The parties agree that in the event of a material change in the cost of living or the financial circumstances of either party, or of a change in the custody arrangements, the amount of the support payments shall be subject to an appropriate adjustment by agreement or, if the parties are unable to agree, by a Court of competent jurisdiction. lB. HEALTH INSURANCE - CHILDREN Wife agrees to provide health insurance for the children Page 11 of 17 ," '\,. i- -' N''', for so long as it is available to her at no or minimal cost by her employer. If said insurance becomes unavailable to Wife and Huaband has entitlement to insurance which can be provided to him at no or minimal cost/ said insurance will be furnished by Husband, In the event that neither Husband nor Wife have insurance furnished to them by their employer, at no or minimal cost, then the cost of insurance shall be borne such that fifty percent (50\) shall be allocated to Husband and fifty percent (50\) shall be allocated to Wife. 19. MISCELLANEOUS PROVISIONS - CHILDREN A. College - Husband and Wife agree to participate in the payment of undergraduate or equivalent higher educational expensee for the children. The calculation of obligations shall be proportional based upon Husband's income and Wife's income at thd time the children's needs are ascertained. B, Extraordinary Medical Expenses - All extraordinary medical expenses, dental and orthodontic expenses (those not covered by insurance) shall be split equally by Husband and Wife, Hueband agrees to reimburse these expenses to Wife on a monthly basis upon Wife supplying to Husband proof of said expenses, 20, GENERAL PROVISIONS A, WARRANTY AS TO EXISTING OBLIGATIONS - Each party represents that they have not heretofore incurred or contracted Page 12 of 17 .t,. "- ......".. ". for any debt or liability or obligation for which the estate of the other party may be responsible or liable except as may be provided for in this Agreement. Each party agrees to indemnify or hold the other party harmless from and against any and all such debts, liabilities, or obligations of every kind which may have heretofore been incurred by them, including those for necessities, except for the obligations arising out of this Agreement, B, WARRANTY AS TO FUTURE OBLIGATIONS - Wife and Husband each covenant, warrant, represent, and agree that each will now and at all times hereafter save harmless and keep the other indemnified from all debts, charges, and liabilities incurred by the other after the execution date of this Agreement, except as may be otherwise specifically provided for by the terms of this Agreement and that neither of them shall hereafter incur any liability whatsoever for which the estate of the other may be liable. C. SEVERABILITY - If any term, condition, clause, or provision of this Agreement shall be determined or declared to be void or invalid in law or otherwise, then only that term, condition, clause, or provision shall be stricken from this Agreement and in all other respects this Agreement shall be valid and continue in full force, effect, and operation, Likewise, the failure of any party to meet his or her obligations under anyone or more of the paragraphs herein, with Page 13 of l7 tJI. .1... -. .""...". . " ' the exception of the satisfaction of the conditions precedent, shall in no way void or alter the remaining obligations of the parties, D, OTHER DOCUMENTATION - Wife and Husband covenant and agree that they will forthwith execute any and all written instruments, assignments, releases, satisfactions, deeds, notes or such other writings as may be necessary or desirable for the proper effectuation of this Agreement, and as their respective counsel shall mutually agree should be so executed in order to carry out fully and effectively the terms of this Agreement, E. ENTIRE AGREEMENT - This Agreement contains the entire underatanding of the parties, and there are no representations, warranties, covenants, or undertakings other than those expressly set forth herein. F, WAIVER OR MODIFICATION TO BE IN WRITING No modification or waiver of any of the terms hereof shall be valid unless in writing and signed by both parties and no waiver of any breach hereof or default hereunder shall be deemed a waiver of any subsequent default of the same or similar nature. G. MUTUAL COOPERATION - Each party shall, at any time and from time to time hereafter, take any and all steps and execute, acknowledge, and deliver to the other party any and all further instruments and/or documents that the other party may reasonably require for the purpose of giving full force and effect to the provisions of this Agreement. Page 14 of l7 .. ..' -' -, ...~. ,. . . H, LAW GOVERNING - This Agreement shall be construed and governed in accordance with the laws of the Commonwealth of Pennsylvania, I. BINDING EFFECT - Except as otherwise stated herein, this Agreement shall be binding and shall inure to the benefit of the parties hereto and their respective heirs, executors, administrators, successors, and assigne. J. NO WAIVER OF DEFAULT - This Agreement shall remain in full force and effect unless and until terminated under and pursuant to the terms of this Agreement. The failure of either party to insist upon strict performance of any of the provisions of this Agreement shall in no way affect the right of such party hereafter to enforce the same, nor shall the waiver of any breach of any provision hereof be construed as a waiver of any subsequent default of the same or similar nature, nor shall it be construed as a waiver of strict performance of any other obligations herein. K. HEADINGS NOT PART OF AGREEMENT - Any heading preceding the text of the several paragraphs and subparagraphs hereof are ineerted solely for convenience or reference and shall not constitute a part of this Agreement nor shall they affect its meaning, construction, or effect. L. ADDRESS OF PARTIES - Eac:h party shall at all times keep the other informed of his or her place of residence, and ahall promptly notify the other of any change, giving the Page l5 of 17 fI . ...... I t' jt. -' '1"." I t, .. address of the new place of residence. M. WAIVER 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 relinquiahee any and all rights he or she may have or hereafter acquire, under the present or future laws of Pennsylvania or another jurisdiction, to share in the property or the estate of the other as a result of the marital relationship, including, without limitation, dower, curtesy, their statutory equivalents, widow's allowance, homestead rights, right to take in intestacy, right to take against the will of other, and right to act as administrator or executor of the other's estate, and each party 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 interests, rights and claims, N, ATTORNEY'S FEES FOR ENFORCEMENT - In the event that either party breaches any provision of this Agreement, and the other party retains counsel to assist in enforcing the terms thereof, the parties hereby agree that the breaching party will pay all reasonable attorneys' fees, court costs, and expenses incurred by the other party in enforcing the Agreement. Page l6 of 17 ~ - >. ~r_ ,.... ..( .- hi! '-.-1 <:?:.r" .. ....0. C; ::".1' _I :c Q.., "" 111 M ,,., f"ooJ -' = -. ,._ r " I. t ~~ .. tOr: l.t.. (.~ CJ' .J ~ C' \ ' .J \" -=r ~..Q-n ....) \ en ." '0 - .: ... ,.0 :0: ;,,\ ,- "'" " a- ,., ...... ~.... .... L '-- '" '. ' " '" ~~) ('-J .111 ,.. " ~ "" ::;.::: C' , ' ~ ~ ~ -- \,S"' V::> .....-. ---\ >t "'" ...... ",f) - '..) -- 's - "" . (X::l "',/ .....", ~~\j' " , ,11.\.1\1:\ '\' ','1' I' . . '\ ~ " , !.J r !W, Sir Ttl(III1"';' \ l lil',[',l :':1 'rl' I J( JIJ/I. I j f' I 1<:; 11'111'1' (/1f'JI:I,'Hrl~,I)\lfq \ ,J{ {JL:l;l t 1?1(J~} I. v, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 94-- (Pft~~ C!.-w-;L..j~ EUGENE MERRILL, Plaintiff MARl DEE MERRILL, Defendant IN DIVORCE NOTICE TO DEFEND AND CLAIM RIGHTS YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set forth in the following pages, you must take prompt action, You are warned that if you fail to do so, the case may proceed without you and a decree of divorce or annulment may be entered against you by the Court, A 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 divorce 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, Cumberland County Courthouse, 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 MAY LOSE THE RIGHT TO CLAIM ANY OF THEM. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP, Court Administrator 4th Floor, Cumberland County Courthouse Carlisle, PA 17013 (717) 240-6200 5, The Plaintiff and Defendant are both citizena of the United St~t6S of America, 6, There have been no prior actions in divorce between the parties, 7. The Plaintiff and Defendant are not members of the Armed Servicos of the United States or any of its allies. B, Plaintiff has been advised of the availability of counseling and that he may have the right to request that the Court require the parties to participate in counseling, 9, The causes of action and sections of Divorce Code under which Plaintiff is proceeding are: A. Section 3301(c). The marriage of the parties is irretrievably broken, After ninety (90) days have elapsed from the date of the filing of this Complaint, Plaintiff intends to file an Affidavit consenting to a divorce. Plaintiff believes that Defendant may also file such an Affidavit. B. Section 3301(d). is irretrievably broken, separated on June, 1993. The marriage of the parties The Plaintiff and Defendant WHEREFORE, the Plaintiff prays your Honorable Court to enter a Decree in Divorce from the bonds of matrimony, COUNT II EQUITABLE DISTRIBUTION 10, Paragraphs one (l) through nine (9) of this Complaint are incorporated herein by reference ae though set forth in full. 11. Plaintiff and Defendant have acquired property, both real and personal during their marriage from the date of their marriage until the date of their separation. 12, Plaintiff and Defendant have been unable to agree as to an equitable division of said property. WHEREFORE, Plaintiff requests your Honorable Court to equitably divide all marital property. I verify that the statements made in this Complaint are true and correct. I understand that false statements herein are made subject to the penalties of 1B Pa.C.S.A. Section 4904 relating to unsworn falsification to authorities. BY4 ~-~ 9 Merr ,PI ntiff Date: /I //7 /9~ r I 7 . By: /U(L"'\J.'k_~__~ ~ ~ ;{;L,c,(l.l~".,o~ Marianne E. RUdebusch, Esquire Attorney No, 63522 B45 Sir Thomas Court Suite llA Harrisburg, PA 17109 (717) 657-0632 Attorney for Plaintiff " . CERTIFICATE OF SERVICE I, Donna M. Hannallah, paralegal, hereby certify that on the date indicated below I served a true and correct copy of the foregoing Complaint in Divorce, on the Defendant, by First class mail, Certified, Restricted delivery, addressed as follows: Maridee Merrill 1524 High Meadow Lane Mechanicsburg, PA 17055 Date: By: J...~d.J 'h1. ~L -, .....JLtLtv Donna M. Hannall::h~ B45 Sir Thomas Court suite llA Harrisburg, PA 17109 (717) 657-0632 " , ., , Eugene M. Merrill, plaintiff IN THE COURT OF COMMON PLEAS CUHBERLA~n COUNTY, PE~NSYLVANIA CIVIL ACTION - LAW v, NO. qJ../ - LeU dJ.. Maridee Merrill, Defendant IN DIVORCE AFFIDAVIT UNDER SECTION 3301(d) OF THE DIVORCE CODE l, The parties to this action separated on or about June 1, 1993, and have continued to live separate and apart for a period of at least two years, 2, The marriage is irretrievably broken. 3. 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. 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 l8 Pa, C.S. Section 4904 relating to unsworn falsification to authorities, Date: "lIt ('I; (Il- I I :3 (1" U~.o-._ ~ Eug M, Mern. 1 Pla t ff ,n en = c._ ,.., ,1I J) I"J ..... ., , ....:, i' ! 1 I .' , " , Eugene M. Merrill, Plaintiff IN THE COURT OF COMMON PLEAS CU~BERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW v. Maridee Merrill, Defendant NO. 9J.j.- <.o~,;l;;l IN DIVORCE AFFIDAVIT UNDER SECTION 3301(d) OF THE DIVORCE CODE l, The parties to this action separated on or about June 1, 1993, and have continued to live separate and apart for a period of at least two years. 2. The marriage is irretrievably broken. 3. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if I do not claim them befor~ a divorce is granted. I verify that the statements made in this affidavit are true and correct. I understand that false statements herein are made subject to the penalties of lB Pa, C.S. Section 4904 relating to unsworn falsification to authorities, Date:, J..-dl{ Ie lr?')- j'. ~~ .c l (II( Mat e err I , Defendant U'"> CM , M ~. .., = ,- "'- .. M Ul ...-.,-) , . , ...... ~ ". ~:.:.J --, ,.. .. .. ~ i:::1"1' ..,: ,~ .. r~ '- = 0- l"1 l1'I M , ;") ,--.J ~ =1 ---, -....) . ... . v. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW EUGENE MERRILL, Plaintiff MARIDEE MERRILL, Defendant NO, 94-6622 IN DIVORCE CIVIL TERM AFFIDAVIT OF CONSENT 1. A Complaint in i'>ivorce under Section 3301(c) of the Divorce Code was filed on July 25, 1995. 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety (90) days have elapsed from the date of filing of the Complaint. 3. I consent to the entry of a final decree of divorce. 4. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if I do not claim them before a divorce is granted, I verify that the statements made in this Affidavit are true and correct, I understand that false statements herein are made subject to the penalties of 1B Pa.C.S,A, Section 4904 relating to unsworn falsification to authorities. Date: . ~/,"IJI "I',. ~ I J I /'i /'h \" . By: '. j':C;), .,-~ -;'~i7) .~J i .TI _' ':..,,('::J'* '. E'!lI' ,. -"~i : /,1 . , "i__. '1"14- t~ ! 1;;'!-1 t. "j< ~ - -". ; f' "~! j , i' i \,"^d.h' ~.~- .. MARIANNE E. RUDEBUSCII, ESQ, ll4.5 Sir Thoma. Ct.. SullallA Ha"l.burg, PA 17109 \ cumberland Cc'unty Court House Judge Hess Chambers Attentionl Robin 1 Courthouse Square carlisle, Pa, 17013 " ,. ~ , .-j ,I ,\ " .. " ...... --