Loading...
HomeMy WebLinkAbout95-00870 J -7 J ~ J o C- OO " '1: \~~; <, " ~'1' 't"'. . ;i{~ \y :;~;. ',,~, 'e\: ... l~ :~; 1 ":.l.' ,~ .! ~."\ :,.;;", , ~lf -, ';,J1 .' ,', ,. ' "I;:, '\";:{O:, ~ <;, .:.:. .;.:. ':.:. .;.:. ,:.;. .:.:. .:.;.' <c. .:e-' .:.... 'le- '... --- ;;...t. .l:';' .:.;. -:+> .;.:. .:.:.'):..:c,:>_:.:.;.:;.:.;.:,.:....:'<C,.,.:.;.''*'*~ . 8 8 ~ 8 ~ ~ ~ ~ " 8 .:. ~ ~ " ~ ~ $ f.o ~ a ,~ ~ $ $ :; i :.~ w ~.' w '.' ,:, ., ,:, ~ $ ~ '.' ~ ., .:., ., .:. ~ a '.' ~ '.' ~ ~ '.' ,', ~ ~ '.' " ~ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY STATE OF * PENNA. ,WILLIAM...J:)~V.ID..~, , !I " :i " No, ...............11.7..0.. ................. 1995 "Plaintiff ...... 'I 'I VCI'311S I ""."""""",., ~ ..~HI~EY;,...LE~,." Defendant '.... w '.' DECREE IN DIVORCE ,', ~ w. '.' ~ " M ,.' AND NOW. ...,.. ..... ., ~~.. .~~:., 19 .!!~..., it is ordered ond decreed that...,.......... ~ilu..am.PII.v.id. LEle..,............ plaintiff. and. . . .. .. . . . . . . .. . . .. ., . . .shirley. A..!.ee, . . . . . . . . . ,. .. .., defendant. are divorced from the bonds of motrimony. ~ ~ ~ ~.' ~ ~ M ... i ... ~ ", The court retains jurisdiction of the following claims which have been roised of record in this action for which a final order has not yet been entered; .;.; ~ $ $ ~ '.' i '.' ~ <;, ~ . ... .tlpnEl.:-. .all. p.la!ma .are. .setl:led. by. .agJ:'.Element .da~Eld. OctobeJ:, , 1,5,. .1!l.9. . . , . , . , . . , . . . . . . . . . . . . . . ., . . . . ., . .. . . . . . .. .. ., , . .. . . . . ,. . ~ '.' w '.' ,:, ~ ~ '.' ~ '.' , $ ~ ~ ,.' ~ $. '.' J, l'~ ~ y ~ i Prothonotary t iil ~I l! ~ ...'.' ' _v'.._ "V_ .....-----',-.--..---..' .. .,,-~-_. ..-..--.-. ..... '. ... :~~*~.~.***~*_*~~***~*-*~***~*re~~. ~ '.' /thi2'1-9f M- ~11 ~--2- 'f2/I I()'olf'~ 714 II~ ?;, ~;r. . ~!LLIAM D~VT.D hEE, Plaintiff IN THE COURT OF COMMON PLEAS CUMBBRLAND COUNTY, PBNNSYLVANIA CIVIL ACTION - LAW v. '"lHIRLEY A, LEE, Defendant DIVORCE 95~OB70 PROPERTY SETTLEMENT AGREEMENT This Agreement is hereby made and entered into this j/..-#' ')A1' , day of October, 199B by and between Shirley A. Lee, "Wife," and William D. Lee, hereinafter "Husband." Witnesseth: Whereas, the Parties hereto are husband and wife, having married and as a result of the union, have one child born of the marriage, to-wit Shanna Lee, born October 3, 1979. Whereas, marital differences and difficulties have arisen between the Parties, and Whereas, Parties have separated physically and intend to continue to live apart and desire to forever completely settle, determine and provide for the support of Wife, separation of their marital and nonmarital, real and personal, belonging to either and/or both of the parties hereto and all other rights, entitlements, benefits, and privileges involved between the parties hereto arising directly or indirectly out of the marriage relationship, and Whereas, Parties have had adequate time and opportunity to consult with separate legal counsel of their own, and Where.., both Parties acknowledge that they are satisfied with the legal advice they have received and understand the full importance of the Agreement they are entering into; Now, Therefore, the parties, in consideration of the foregoing premises, and the mutual promises and undertakings hereinafter set forth, agree as follows: 1. RIGHT TO LIVE SEPARATE It shall be lawful for Husband and Wife at all times hereinafter to live separate and apart from each other and to reside from time to time at such place or places as he and she shall respectively deem fit, free from any control, restraint or interference, direct or indirect, by each other. The foregoing provisions shall not be taken to be any admission on the part of either Husband or Wife of the lawfulness or unlawfulness of the causes leading to their living apart. 2. FREEDOM FROM INTERFERENCE Each party shall be free from interference, authority and contact by the other as if he or she were single and unmarried except as necessary to carry out provisions of this Agreement. Neither party shall harass the other or attempt to endeavor to harass the other, nor compel the other to cohabit with the other, or in any way malign the other, nor in any way interfere with the peaceful existence, separate and apart from the other. SAL .s.. 0.. ~ WDL \..\ n \.... .. 3. DISTRIBUTION OF REAL PROPERTY During the course of this marriage, the parties purchased a marital residence located at 651 Lynes Road, Dillsburg, Pennsylvania. The parties have agreed that Wife shall assume sole ownership of said martial residence, Wife shall secure sufficient funds to refinance all the liens and other current obligations against the property with settlement being held on or before September 26, 1998. Wife shall assume all liabilities and expenses associated with said property after the date this Agreement is fully executed. Husband shall execute a deed in favor of Wife at time of execution of this Agreement to be held in escrow until date of Settlement. 4. DISTRIBUTION OF VEHICLES a. The 1996 Ford Explorer leased in the name of Husband and Wife was reposed in April 1998 and Husband paid the delinquent payments in the of $752.00 and ~he buyout for a total of $2,500.00. b. Husband shall assume all payments, including all loan, insurance and repair bills connected with his pick-up truck. c. Husband sold the 1987 Buick Somerset and provided all proceeds to shanna Lee. d. Husband shall have the right to retrieve the trailer which remains on the marital property. Husband will remove the trailer at the same time arrangements are made to pick SAL SeA ~ WDL 1.\ ~ \.... up his personal property. 5. CONTENTS OF THE MARITAL RESIDENCE As of the date of the execution of this Agreement, the parties shall transfer and assign their rights, title, claim and interest in specific property. Wife shall have as her own, free and clear of any claims of Husband, all of the items, household goods, furniture, furnishings, appurtenances, and appliances which are in her possession. However, at a time to be determined, Husband may make arrangements to have the items on the list attached marked Exhibit A attached hereto, picked up. Husband shall have as his own, free and clear of any claims of Wife, all of the items, household goods, furniture, furnishings, appurtenances, and appliances which are in his possession. 6. MARITAL PROPERTY - PERSONAL It is further agreed that both Husband and Wife shall retain as his or her own any and all personal effects, clothing, an,d personal jewelry. The parties further agree that any property not assigned in this Agreement as marital or nonmarital property will be deemed the property of the physical possessor of said property. 7. JOINT ACCOUNTS The parties shall stop using all joint bank and charge accounts, credit card accounts and any other joint accounts shall be terminated and each party shall take those steps necessary to have the other removed as a responsible party from such accounts. SAL So... -;;f WDL l.\ D L.. Wife shall assume the following marital debt: a. Student Loan payments (Account Number: 47417) Husband shall assume all other debt. 9. OTHER MARITAL ASSETS I I I I I (a) The Parties hereto agree that based on the provisions of this Agreement, Husband shall pay to Wife the sum of $4,000.00. The Parties hereto agree that said amount shall fully and sufficiently provide for Wife's needs based on an equitable distribution of th~ marital assets and debts. (b) Wife will transfer her interest in the burial lots in Tri- County Memorial Gardens to Husband. (c) Wife relinquishes any and all claims against any of husband's pension plans, 401 K, insurance policies or similar items and will sign any documents necessary to confirm this. 10. TAX LIABILITY The parties hereto believe and agree 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 property. Each party promises not to take any position with respect to the adjusted basis of the property assigned to him or her with respect to any other issue which is inconsistent with the position set forth in the preceding sentence on his or her Federal or State income tax return. SAL So.. ~ WDL W \:', '-- 11. MUTUAL RELEASE Subject to the provisions of this Agreement, each party wai ves his or her right to alimony any further distribution of property inasmuch as the parties hereto agree that this Agreement provides for an equitable distribution of their marital property in accordance wi th Pennsylvania's Divorce Code. subj ect to th'e 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 assigns, release and discharge the other of and from all caused of action, claims, rights or demands whatsoever in law or equity, which either of the parties ever had or now has against the other, except any or all causes of action for divorce and except any or all causes of action for any breach of any provision of this Agreement. Each party also waives his or her right t'O request marital counseling pursuant to Pennsylvania's Divorce Code. 12. ALIMONY Neither party shall be required to pay alimony to the other and no claims for same shall be filed. 13, ALIMONY PENDENTE LITE, COUNSEL FEES AND EXPENSES Both parties hereby acknowledge and accept that the provisions of this Agreement providing for the equitable distribution of marital property are fair, adequate and SAL :s. CI.... -.R WDL \.:! ~ L- hereafter acquire, under the present or future laws of any jurisdiction, to share in the property or the estate of the other as a result of the martial relationship, including, without limitation, dower, curtesy, 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 b.e necessary or advisable to carry into effect this mutual waiver and relinquishment of all such interests, rights and claims and both parties will revoke prior wills or testamentary documents, 19. 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 c::' " SAL _ " l'-- ~ WDL W ~ L. proper defense thereto. 20. SUBSEQUENT DIVORCE There has been a divorce proceeding commenced by Husband against Wife in Cumberland County to No, 5218 Civil Term 1995. The parties hereby mutually consent to a divorce and the enterinq of a divorce decree on the no-fault grounds that their marriage is irretrievably broken pursuant to S330l(c) of the Pennsylvania Divorce Code. Parties herein shall execute Affidavits of Consent and a final decree in divorce will then be obtained. 21. BREACH AND ENFORCEMENT If either party hereto breaches any of the provisions of this Agreement, the other party shall have the right to bring any actions or actions in law or equity for such breach, and the breaching party shall be responsible for the payment of all costs and reasonable legal fees incurred by the other party in enforcing his or her rights under this Agreement. It is expressly understood and agreed by and between the parties hereto that this Agreement may be specifically enforced by either party in Equity, and the parties hereto agree that if an action to enforce this Agreement is brought in Equity by either party, the other party will make no objection on the alleged ground of lack of jurisdiction of said Court on the ground that there is an adequate remedy at law. The parties do not intend ax purport hereby to improperly confer jurisdiction on a Court in Equity by this Agreement, but they agree as provided herein for SAL ~o.... ~ WDL \.) ~ L the forum of equity in mutual recognition of the present state of the law, and in recognition of the general jurisdiction of Courts in Equity over agreements such as this one. 22. RE-ACKNOWLEDGMENT Each party acknowledges that it may be appropriate and required that this Agreement be re-acknowledged at some time in the future before the Clerk of the Commonwealth Court, Clerk of Orphans Court or some other Court, and each party agrees that they will re-acknowledge their signature before the Clerk of such Court upon request of the other party so that this Agreement may comply with the acknowledgment rules and provisions of any such Court. 23. ADDITIONAL INSTRUMENTS Each of the parties hereto agrees that he or she will join in the execution, acknowledgment and delivery of any deed or other document which may be reasonably necessary to carry out the intent of this Agreement, and, in the event either of the parties hereto would not join in the execution, acknowledgment and delivery of such instrument, then such party does hereby irrevocably appoint the other party hereto as his or her Attorney-in-Fact to execute, acknowledge and deliver such instrument hereby ratifying all that such other party hereto may do by virtue hereof with a copy of this Agreement to be a sufficient Power of Attorney to carry out the intent and purpose of this paragraph. SAL ~ (\. -.8.... WDL '"" "" '- Nothing contained in this section shall affect the right of one party to expressly include or exclude, as the case may be, the other party as beneficiary in any will, insurance policy or other document whether the same is presently in effect or would become effective in the future. 24. VOLUNTARY EXECUTION The provisions of this Agreement and their legal effect have been fully explained to the parties by their respective lega'l representatives, and each party acknowledges that the Agreement is fair and equitable, that it is being entered into voluntarily, with full knowledge of the assets of both parties, and that it is no the result of any duress or undue influence. The parties acknowledge that they have been furnished with all information relating to the financial affairs of the other which has been requested by each of them or their respective counsel. 25. ENTIRE AGREEMENT This Agreement contains the entire understanding of th€ parties and there are not representations, warranties, covenants or undertakings other than those expressly set forth herein. 26. DISCLOSURE Each of the parties hereto acknowledges that there has been full disclosure of all relevant matters of each party to the other party, that each of the parties is fully cognizant of his and her legal rights and liabilities with respect to the terms and SAL ~n ,,:\' WDL W ~ \.- conditions of this Agreement, that he and she understand the legal effect of this provisions of this Agreement and acknowledge that this Agreement is fair and equitable to each of the parties hereto, and that this Agreement was entered into voluntarily and without any undue influence or duress upon either party hereto. 27. MODIFICATION AND WAIVER This Agreement shall constitute a full, complete, and total binding Agreement between the parties concerning support, maintenance, alimony and property settlement, and is precluded from modification EXCEPT if the parties specifically agree to modify this Agreement. Any and all modifications to this Agreement shall only be by written agreement containing the same formalities as this Agreement and shall exhibit the notarized signatures of both parties, along with two witnesses. The parties specifically agree that they may rescind this Agreement only by written agreement containing the same formalities as this Agreement which shall exhibit the notarized signatures of both parties, along with two witnesses. Any waiver of a breach of any provision of this Agreement shall not constitute an ongoing waiver. 28. PRIOR AGREEMENTS This Agreement constitutes the entire understanding and agreement between the parties hereto, and there are no other 51\L WDL ~~~ representations, warranties, covenants, understandings or . agreements other than those expressly set forth herein. 29. INCORPORATION INTO DECREE OF DIVORCE Unless as otherwise provided herein, this Agreement shall be incorporated in and made a part of any Decree that might be entered in any dissolution proceeding between the parties hereto upon the filing by either or both parties of an executed copy of this Agreement in such action and same may be incorporated by reference into any such Decree or court order. 30. DESCRIPTIVE HEADINGS The descriptive headings used herein are for convenience only. They shall have no effect whatsoever in determining the rights or obligations of the parties. 31. INDEPENDENT AND SEPARATE COVENANTS It is specifically understood and agreed by and between the parties hereto, that each paragraph shall be deemed a separate and independent covenant and agreement. 32. APPLICABLE LAW This Agreement shall be interpreted in accordance with the laws of the Commonwealth of Pennsylvania. 33. VOID CLAUSES 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 SAL ,~(L ~ WDL \.,\ ~ \.... COMMONWEALTH 01' PENNSYLVANIA COUNTY 01' CUMBERLAND SS. /7J) . On this, the ;2~ day of le~,j;-/u".e) 1998, before me, a Notary Public, personally appeared William D. Lee and in due form of law acknowledged the foregoing Agreement to be his act and deed, and desired that the same might bOe recorded as such. Sworn to and subscribed/' befor~1thi~..z.f )~day of .Y<?i. -{J , 1998. / ~~ William David Lee, sSI184-48-7656 111aintiff : IN TIlE COUR'r OF COMMON l'I,~AS : OF CUMBERLAND COUN'l'Y, PENNA. . . VS. Shil"ley 1\. )'.~e, sRU97-40-6531 ncfendant : NO. 95-870 . . : CIVIL ACTION - LAW : PRAECIPE TO TRANSMIT RECORD To the Prothonotdry: 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(cllxr.xxaXt<<Xtltt of the Divorce Code. (Strike out inapplicable section. I 2. Date and manner of service of the complaint: Sent C'?rtified mail on 2' 17/95, received b'! Defendant 2' 1S;' 95 3. (Complete either paragraph (al or (bl.1 "," execution of the affidavit of consent 3301(cl of the Divorce Code: by plaintiff ; by defendant (al Date of required by Section October 22. 1998 October 8, 1998 t~!xt!1 Date of execution of the plaintiff's affidavit required by Section 3301(dl of the Divorce Code: . , (21 Date of service of the plaintiff's affidavit upon the defendant; 4. Related claims pending: None - all claims are settled an'! satisfied by ~"operty settlement agreement dated OCtober 15, i998. 5. Date and manner of service of the notice of intention to file praecipe to transmit record, a copy of which is attached, if the decree is to be entered under section 3301(dl(11(il of the Divorce Code. and manner of service of the notice of intention to to transmit record, a copy of which is attached, if to be entered under section 3301(cl of the Divorce , or, date of execution of waiver of Intent P-10/22/98. n-10/P/QR and date of filing of waiver 6. Date file praecipe the decree is Code of Notice I I ( \ nder Plaintiff/Defendant William David Lee, 5s1184-48-7656 J11aintiff : IN TIlE COUR'r OF COMMON PI.I~AS : OF CUMBERLAND COUN~~, PENNA. . . VS. Shicley A. r.~e, !'lRI197-40-GSJ1 Defendant : NO. 95-870 . . : CIVIL AerION - LAW . . PRAECIPE TO TRANSMIT RECORD To the prothonotdry: Transmit the record, together with the following information, to the court for entry of a divorce decree: 1. Ground for divorce: irretrievable breakdown undcl' section (330l(cl)xy.XXaXtaXtltt of the Divorce Code. (strike out inapplicable section.) 2. Date and manner of service of the complaint: Sent C~rtified mail on 2.'17/95 recei'/ed b" Defend!! t ,Q 3. (Complete either paragraph (al or (bl.) .' execution of the affidavit of consent 3301(cl of the Divorce Code: by plaintiff ; by defendant (a) Date of required by section October 22. 1998 O-::tober 8, 1996 t~txttl Date of execution of the plaintiff's affidavit required by Section 330l(dl of the Divorce Code: S. Date and manner of service of the notice of intention to file praecipe to transmit record, a copy of which is attached, if the decree is to be entered under section 330l(dl(11(il of the Divorce Code. and manner of service of the notice of intention to to transmit record, a copy of which is attached, if to be entered under section 330l(c) of the Divorce , or, date of execution of waiver P-10/'2/9A. n-10/P/QA and date of filing of waiver 6. Date file praecipe the decree is Code of Notice of Intent /Q '" Ja e'M. / ^ torney '. 'W d) ~ ~ U"l G:)4. lk t-:.! 3'7.'. '8 ~ '':)~ 'cl."" -c. '""'~ 1f,:6 . 0.- \~,; ~f.) ~ \~i 16- y. '!1':\ 0- \ U ~ ~..c~ c;;; <5 r- OJ (.} 'b 0" .;:) I.r ~ (.-,'-'7 . .... ~l'f' \I"') \:J""'; -;) ~ - ~f: c;..." 15 ~:.c '- .:] "'("lI:':)'" ~ ... ~:;.ccx ~ .. l.t,..Ou.., ~ l4..xo:'. I<") S 0......%,.,. ~4. .; iJj~ ~ ..... (1'.1'1:.;;1: cy)~ ...... r- ::!wldZ !..-;Cu,W "'" &! ...x"" ~ ....'" ~~ 0'" - 0~ III '" '" o-i OJ l:1 OJ OJ OJ ~ 1 M ..:l U Eo< OJ ... '" ~ .. '" 0 o-i 4( .,.~ '... OJ > '... > ..:l .... > :J: ...... III . Q .... .;C!fol Q > . u ~ t; i Ill: c: E! >t H Q :i r": III OJ Dl: 0 -! '... o-i <I:.'C o-i ... ~<c5~ o-i .... '... .s:: . ... ~ 0 CIl Z r .". . ... . " . ~ WILLIAM DAVID LEE. IN THE COURT OF COMMON PLEAS, CUMBERLAND COUNTY. PENNSYLVANIA PLAINTIFF VS. CIVIL ACTION - LAW I SHIRLEY A. LEE. DEFENDANT NO, q!)- 070 CIVIL TERM IN UIVORCI, I I' i , NorICE ,To _DJ~.FEND".J\ND,.,G.LAIM__Fl.I.GHTS You have been sued in court, If vou wish to defend a~ainst the claims set forth in the followin~ pa~es. vou must take prompt action. vou are warned that if yoU fail to do so. the case may proceed without you and a decree in divorce or annulment may be entered a~ainst YOII by the court. A jud~ment may also be entered for any other claim of relief requested in these papers by the Plaintiff. You may lose money or propertv or other ri~hts important to yoU includin~ custodv or visitation of your children. When the ~round for divorce is indi~nities or irretrievable breakdown of the marria~e vou may request marria~e counselin~. A list of marria~e counselors is available in the Office of the Prothonotary at the Cumberland County Court House. Carlisle. PA. i I I [, , I I I I ; , IF YOU DO NOT FILE A CLAIM FOR ALIMONY. DIVISION OF PROPERTY. LAWYERS FEES OR EXPENSES BEFORE A DIVORCE OR annulment IS GRANTED. YOU MAY LOSE THE RIGHT TO CLAIM ANY OF THEM. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFI'ORD ONE. GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. COURT ADMINISTRATOR CUMBERLAND COUNTY COURTHOUSE ONE COURTHOUSE SQUARE CARLISLE. PA. 17013 Telephone: 717 240-6200 Dated: j..",oJ'\(", 1'4, 1"'10;; larker. Esquire for Plainti t'f true "lid cort'ecl, I undersl.f1l1d thol ""lse stlltements herein are made sub,leat to the penalties of IH Pa,C,S. 4904 rell\tin~ to unsworn falsification to authorities. . ~ .;S ~ U"l ~. Q & 5~ \e .... 04! tlj; :>. of q~ ~ ,.,. ~Ul [;l.. N lfi;; '" t !.,~ ?-: 0 :;: ~ lD a 0'1 ~~ ..:I~ Al> z~ e !:: I ffi Oll) J - ~ffi ~ H ~<1l;J ~ lI) o :3: z UAl"';.-l H 0 , ... jj~ ~1."" ...; . r.. U r.. - > -..:I ~ -1<1 O~ '"D I<1Al I<1P r.. ~1!~1 1<1 1<1 0 E-< Z ..:I ..:I g; 00 E-< OHI' . . H OUE-<lXl ...; P ~ U UO ~ ~"';I ~ P 1<1 ." 1-1 ~O..:lO\ li! H r.. ><H ..:I ~ >. H ..:I Zr..HO ttl H ~ . " .... .) a, ,. , .... 'OJ - ~ .- A. WILLIAM DAVID LEE, . IN THE COURT OF COMMON PLEAS . Plaintiff . OF CUMBERLAND COUNTY, PENNA. . . . VS. : NO. 95-0870 Civil Term . . SHIRLEY A. LEE, . CIVIL ACTION - LAW . Defendant . IN DIVORCE . AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under Section 3301 (c) of the Divorce Code was filed on February 17, 1995. 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety (90) days have elapsed from 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 of the decree. 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. S4904 relating to unsworn falsification to authorities. DATE: It> /71/ ~'f !J dlu'~'" v?L- William D. Lee, Defendant ~ ,... ?: In ,. ~- .. :5 CJ ~ o~ ~~ :t: <..)~ ,~ ~jf!: c... o;::l fio .0 ..:;r j"L '):g '..1. N I~ ~ ftl' , ..... lllin ,{ c..: rna. 0 ~ l:5 CO i3 0' ~~ 0 H o-:l~ ffi 11<> z~ Ei 8 J'" -~ ~ I ~< OUl ~ ~~~ ~ H ~~ EoI Z 00 Ul1<i<o: ~t H' ~'''l .-.: ' ~' ~:>< ~ Jj!~ ~.. .... -o-:l UI -~ ' UJl: O~ I .~ ~11< :> ~Q Hfi.~ 8 z U ~ r.1 ~ r.l gj 0-:1 0-1 ~ !~I !5 00 Z U OHr- . , 8r.1 OU8oo ..; Q ~UlQ U Uo O~ ~0:(1 1:1 :i! ::>~ ~Oo-:lll'1 ~ O>U li1 H ~gj~ :><H'" o-:l > .0 >. H o-:l ... > Z~"'O :r: H 0:(0... " .... t' ... ., '" .. WILLIAM DAVID LEE, : IN THE COURT OF COMMON PLEAS Plaintiff : OF CUMBERLAND COUNTY, PENNA. . . VS. . NO. 95-0870 Civil Term . . . SHIRLEY A. LEE, . CIVIL ACTION - LAW . Defendant : IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER CODE 53301(c) OF THE DIVORCE CODE 1. I consent to the entry of a final decree of divorce without notice. 2. 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. 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 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. S4904 relating to unsworn falsification to authorities. Date: "in 1'i"1{ 1/..;(/<4:- O~ William D. Lee, Defendant WILLIAM DAVID LEE Plaintiff . . IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION. LAW NO. 95-870 CIVIL TERM IN DIVORCE v. SHIRLEY A. LEE Defendant DEI:ENDANT'S AFFIDAVIT OF CONSENT AND WAiVeR OF NOTIC;;E, QEJtfiEtmQNTO ENlER DIVORCE DECRE~ .uNQEfI ~ECTION 3301 (Q) OF THE DIVORCE COQE 1. A Complaint In Divorce under Section 3301 (c) of the Divorce Code was filed on or about January 18, 1995, 2. The marriage Is Irretrievably broken and ninety days have elapsed from the date of the filing and service of the Complaint. 3, I consent to the entry of a FInal Decree of Divorce without further notice, 4. . I understand that I may lose rights concerning alimony, division of property, lawyers fees or expenses if I do not claim them before a divorce Is granted. 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's Office. a, I have been advised of the availability of marriage counseling and understand that I may request that the court require that my spouse and I participate in counseling. I understand that the court maintains a list of marriage counselors In the Domestic Relations Office, which list Is available to me on request. 7, Being so advised, I, Shirley A. Lee, do not request that the Court require my spouse and me to participate In counseling prior to a divorce decree being handed down by the Court, 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. ~ 4904 relating to unsworn falsification to Authorities, /() y- 9 R" Date SL .~".~(l. ~o" Shirley A, Lee WILLIAM DAVID LEE, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW Vs. NO. 95-870 CIVIL IN DIVORCE SHIRLEY A. LEE, Defendant . . . . AFFIDAVIT OF SERVICE BY MAIL PURSUANT TO Pa.R.C.P. 403 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND . . : 55. Edward W. Harker, Esquire, being duly sworn according to law, deposes and says that he is the attorney for the Plaintiff WILLIAM DAVID LEE, and that he did mail a true and correct copy of the Complaint under Section 330l(C) of the Divorce Code on February 17, 1995, by certified mail, return receipt requested, deliver to addressee only, to the Defendant, SHIRLEY A. LEE, at her last known address, 651 Lynes Road, Dillsburg, pennsylvania 17019-9441. The return receipt is attached hereto as Exhibit A. ~ Edwar W. Ha Sup me Court 1.0. 06362 Attorney for the Plaintiff One West High Street Carlisle, PA 17013 (717) 243-1083 Date: April 2, 1997 Sworn to and subscribed before me this 2nd day of April, 1997. . \~\j.Il~(i\ --cJ~'C.:,,-- Nota y Publ c NOTARIAL SEAL MICHELLE D RISBON. NOTARY PUBUC CARUSLf BOROUGH, CUMBElUAHD CO.. PA MY CO"'IIISSIO~ EXPIRES MARCH 14. 19\1a tl t ~, r ~ 'hiL '.tj t llll' ill" ;,~,; , . "I""" '.' '""." "'" . ./,", .DOME8nCR~RN RECEI. . '- ;i:',,_ <'-'-, ~_' ,; L_L:~~;~f~'J~:~{:~;~~!~t~;~;~~~~~."' EXHIBIT "A" ~ ..:1' i.'.: I~ c ..,. .. "j~ .::z 1,)9 ~! :c ; ):7t: u.. ,"1;::i C~ CO') ,~v.i \.1. I Z c.., (;.-:; VI a:: 'lil'1:J ~ o. ;DO:; oCt ~ ~ r- ::> O'l u , WILLIAM DAVID LEE Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 95-870 v. SHIRLEY A. LEE Defendant CIVIL ACTION. LAW 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 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 Court House, Carlisle, Pennsylvania. IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY, LAWYER'S FEES OR EXPENSES BEFORE A DIVORCE OR ANNULMENT IS GRANTED, YOU MAY LOSE THE RIGHT TO CLAIM ANY OF THEM. YOU SHOULD TAKE THIS PAPER TO 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 Court Administrator Third Floor Cumberland County Court House Carlisle, Pa. 17013 (717) 240-6200 7, Admitted, By way of further response Defendant Is aware of her rights to counseling and requests that the Court order the parties to participate In counseling, 8, Admitted, COUNTERCLAIMS AND NOW, COMES, the above named Defendant and makes the following counterclaims to Plaintiff's complaint: COUNT II . DISTRIBUTIQN OF PROPERTY 9, The parties have acquired real estate during the course of their marriage Including property located at 651 Lynes Road, Dlllsburg, Monroe Township, Cumberland County, Pennsylvania. 10. The parties have also acquired home furnishings, motor vehicles, bank accounts, retirement accounts, Investments and miscellaneous Items of personal property. 11. The after said items are martial property and the Defendant requests that they be equitably divided, WHEREFORE, Defendant respectfully requests that this Honorable Court enter an Order requiring an equitable distribution of the parties' property. COUNT III . ALIMONY 12. Defendant lacks sufficient property to provide for her reasonable needs and accords with the standard of living of the parties established during the marriage, 13, Defendant Is unable to support herself In accordance with the standard of living the parties established during the marriage through appropriate employment. 14, The plaintiff Is employed and enjoys a substantial Income from which he Is able to contribute to the support and maintenance of the Defendant and pay her alimony In accordance with the Divorce Code of Pennsylvania. WHEREFORE, Defendant respectfully requests that this Honorable Court enter an Order awarding Defendant from Plaintiff permanent alimony In such sum8 as Is reasonable and adequate to maintain Defendant In the station of life to which she has become accustomed during the marriage. COUNT IV . COUNSEL FEES AND EXPENSES 15. Defendant Is without sufficient funds to retain counsel to represent her In this matter. 16. Without competent counsel, Defendant can not adequately prosecute her claims against Plaintiff and can not adequately litigate her rights in this matter. 17, Plaintiff enjoys a substantial Income and is well able to bear the expense of Defendant's attorney and expenses of this litigation. , , " ' WILLIAM DAVID LEE Plalntlrr v. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 95-870 SHIRLEY A. LEE Defendant CIVIL ACTION - LAW DIVORCE VERIFICATION I, Shirley A, Lee, verify that the statements made in this Complaint-Civil Action are true and correct to the best of my knowledge. 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. ~h. ... aD .~ CA. '<rl' " n Shirley A, Lee - Date: ~")..c09-9? ..... l"!: -.;' ,".' LUr:" ( )4 FE ~,~, (,)'. 6L lu'~-' .., c:: " F'.; 1.1, o I I I , i ".." .;" ',' .~" ..'. ".,:,' .IP CI' .:J .... C'O . " ,.; -, i~; . "''i'~::': , ;J . ~::> . ;,~ :2 110 ..! 0- j U ;,: N I .,. . ' -, =) ?"- m ...... :. ,'" .' L' . ,\"- '. ~ -... - .~ , :J ,I'!) ~ ~ ~ C" "& nI \) ~ 0 ~' <.Ii ~ ~ C1 ~ ~ .,' . . " .. . .... ",' 1"'. " .. t )..r.,; ,\--," .', .. ","';.: " . ' -: . .; . ~ " . ' ...~ ',," . ~. ,.. '''''0 '.;." ; ~ 'T ".,' ~'. -..1 -" . .~", , :. ': ._'~ t') ';.' i >,.,';1,/ ~. ~t I' ,.,. ;t '~' .. . .' I WILLIAM DAVID LEE Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 95-870 CIVIL ACTION. LAW DIVORCE . . v. SHIRLEY A. LEE Defendant PRAECIPE FOR ENTRY OF APPEARANCE TO THE PROTHONOTARY: Kindly enter the appearance of Peter Russo, Esquire on behalf of the Defendant, Shirley A. Lee, In the above captioned matter. I f i ! Respectfully submitted. Gtk.Q. .... Peter J, Russo 61 West Louther Street Carlisle, PA 17013 (717) 249-2721 Date: S/301tr7 . . , . WILLIAM ---.. DA"J.Q_.t&~ ' ---------- III the CoIIft 01 Co_ Pleas of Cumbalmd CoUDcy, PCUIS')IlnDia Plaintiff' --- J"I.__ 95-870 Civil No, _________________ 'Clvll. 19_~~__ VI. s~hEl'L.A..~ -- ---------------------------------------------- ----- Defendant . .. ..-- - --------..-------..---..--------------------- P le.!.~~ enter ~_~ ,"':i..!J;.t.QJ:Jley__Qf_J:.~c~d_f,Qr_t~.~e.-,."pt- i.cned.______ Plaintiff, William David Lee. ------- ----~-------------------~-----------_._._----------------------- ~-_._------------- ------------------------------------ ------------ ------------------------- ~------------------------------------_..---------------------------- -------...... . ---------------------------------------------------------- --- -- -------------------------------------------------- To Lawrence E. W~lkpr___ (2) ~ I .v Prodtoaa=y .f .J I I / f Y /. / .,.- - , . f . . WILLIAM DAVID LEE ............. ........._. ....... .....................L-----.. ..-.... .-..--....- 1 i \ ~n. .~?:.EQ.f!~tL~~~!lL Civil. 1!l9.L. Plaintiff In the Court 01 Conunon Pleas 01 Cumberland County, pennsyh'ania -......-............----..--....----.....---....-..-..--..-------.. VI. SHIRLEY A. LEE .__._.__.._..___.___.J_______________________. I , I J ....................--................--.............--..--.............--..... Defendant ...............--..................---....-..---....---......---..----.. ....-----..... .......... ... .--'" ----........---....---............ P lea_!l.~__~~.r1)9-1!€!-Jll~ .MI1\.~ _51.~_h !:.!;Qrney_ .f.Q.t:. xe$;.oJ:cj:;._f.Qr-~lAintlif...... ............--.............. William David Lee. ....---..-..-----............ ...-...........- .........-..................--................ ....-......................-........--........---..-----.......................... ..... ....... ......... ......---.. ............-..... .-- --... ..---- -........ ......-...... ...---....--.. ....-.... ...........- --......" .....-........-....-..-......... .................................--..........-..---..---J-----.-.-------.----------.---------.-------.--..------- .--.-..-----.-.-.-..----------.-.-----.-..-.---------.--------.--..----.-------.----------------- .------.--------------.-----. --- -----.----.----------------.---------.------------.--------.--.- .--.----------.-.-----.----..-.--..--.-.-.--.--------------.------------..---..--..--------.-.---- To ..A;..'.n....~.'.!!.J~.... ,,~hooo"" . ........................... ... ...-:4:Z: .(1.~......._..... Edward ~~;;;'[!;;r , Attorney for Plaintiff. f/- f , . . No, __~?_:ELc:!xtL!:-e:m-m. 19.?.L. William David Lee -----------------------------.----------- '. VlI. Shirley A. Lee ----------------------------------------- PRAECIPE Flied --------------------------- 19______ ____.!~~l!!'_c!_!1~__~~_~Js~~_______. Atty. ----------------------------------------- (") ..0 0 ~: -.l '1' ." ,,' ::.. "1 -q 12Ji :;:~ ':n ....._~' . '"i,_ ;;'.r' N "Jon V' ., ~'lCJ ~: ,'6 Ct :K:: ;. .." ,,e!33 -. f:;( ~)c-? ~..c: .. ,5' I -,". - :;;! .' ~1 -, (~ ...;; , " , ...... , -: ..'....