HomeMy WebLinkAbout95-03057
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. IN THE COURT OF COMMON PLEAS ·
8 8
8 OF CUMBERLAND COUNTY .
. .
: STATE OF '* PENNA. :
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~ N 1I.9~::3057..GIYg~,TJ;;I,~ 19 !,'
., " ,MlQJAl:1" J. EVERLY. 0:-
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8 OONNALEE EVERLY .
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8 DECREE IN ~
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; AND NOW.~: lit H H, 1:Jfc'.. " I. o,de,ed ond I
~ decreed that . ~~~:. .J: .~~~r.............................., plaintiff, ~
. and... !J?!'!1~~~. ~~~})'. .. .. . . .. . ..... . . .. .. .... , , .., . , . ... .... defendant, W
: are divorced from the bonds of matrimony. .
. The court retains jurisdiction of the following claims which have :
8 been raised of record In this action for which a final order has not yet iii
8 been entered; a
8 IT IS FUR'llIm OHDEHED that the tenus und corxlitions of tho postnuptialllgreamnt :
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for WIFE'S and/or HUSBAND'S maintenance and/or for spousal
support, a1 imony pendente 11 te, al imony, counsel fses and
expenses, custody and equitable distribution I and
WHEREAS, the parties intend this Agreement to be a full
and complete postnuptial Agreement, providing for the absolute
and final settlement of all their respective marital and
property rights and claims for spousal support, alimony
psndente lite, alimony, counsel fees and expenses, and
equitable distribution of marital property.
NOW, THEREFORE, for and in consideration of the mutual
benefits to be derived by the parties and intending to b.
legally bound hereby, the parties hereby covenant and agree as
follows,
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1. PERSONAL PROPERTY' HUSBAND warrants and repres.nts
to WIFE, and WIFE warrants and represents to HUSBAND, that
they have effected a fair and equitable division of all
marital property of the parties, and that any and all marital
property, except as expressly providsd hsrein, presently in
possession or under the control of WIFE shall be the property
solely of WIFE, and that any and all marital property, except
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as expressly provided herein, presently in possession or under
the control of HUSBAND shall be the property solely of
HUSBAND.
WIFE shall have sole rights of possession, title and
ownership to the following personal property and HUSBAND does
hereby waive and relinquish any and all right he has or may
have to claim any interest or share in said following personal
property I
1. Bedroom set ~' !t-
2 . Treadmill c ' .- d\('
3. Niaaan pUlsar.:".:,,\' ' .' ,\.... 1<,.1""1
4. Engagement and wedding ring
5. Unisys stock
6. Vanguard Star Fund and portfolio
7. Cash Fourteen Thousand and 00/100 Dollars
($14,000.00)
8 . Day bed
HUSBAND shall have sole rights of possession, title and
ownership to the following personal property and WIFE does
hereby waive and relinquish any and all right she has or may
have to claim any interest or share in said following personal
property I
1.
2.
3.
4.
5.
6.
7.
8.
9.
10.
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Templeton Growth Fund, Ino.
pure Tech International, Ino.
prudential 401(k)
Wendy's International stock
Silicon General sto~k~. .U
Joinu!! Funds ,,}IIN<,j m L.'
TWentieth century Inv stor
Finanoia1 Funds Account No.
prudential Life Account No.
Grand cherokee
stock
942892-0-15 ~-'
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Neither party shall make any claim to any items of
marital property, or of the separate personal property of
either party, which are awarded to the other pursuant to the
provisions of this Agreement or which are 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 to be in the
possession or under the control of either party if, in the
case of tangible personal property, the item is physically in
the possession or control of the party at the time of the
signing of this Agreement, and in the case of intangible
personal property, if any phyeica1 or written evidence of
ownership, such as passbook, checkbook, policy or certificate
of insurance or other similar writing is in the posse..ion or
oontrol of the party.
HUSBAND and WIFE do hereby waive and forever re1ea.e any
interest or right either may have to make any olaim against or
to assert any interest or right to or in any retirement plan,
pension plan, profit sharing plan, or other employee benefits
of any nature or type earned or provided to the other.
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2. REAL PROPERTY: For and in consideration of the sum
of One and 00/100 Dollars ($1.00) to be paid at execution of
this Agreement, WIFE shall make, execute and deliver to
HUSBAND a Quit Claim Deed conveying, transferring and granting
to HUSBAND all of her right, title and interest, if any, in
and to the real property of the parties situated at and known
as 1716 Josiah Chowning Way, New Cumberland, Pennsylvania
17070.
3. DEBTS AND INDEMNIFICATION: HUSBAND and WIFE
represent and warrant to each other that except as provided
herein, neither one has contracted since separation or will in
the future contract any debts, charges or liabilities
whatsoever for which the other party or their property or
their estates shall or may be or become liable or responsible,
and they covenant that they will at all times keep each other
free, harmless and indemnified against and from any and all
debts and liabilities heretofore or hereafter contracted or
incurred by the other, except as expressly provided in this
Agreement.
HUSBAND agrees to timely pay and be solely responsible
for, and to indemnify and hold harmless WIFE from liability on
the following debtsl
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1. Car loan for purchase of Grand Cherokee
2. VISA account
3. Mortgage on marital residence
WIFE agrees to timely pay and be solely responsible for,
and to indemnify and hold harmless HUSBAND from any liability
on the following debts:
1. PHEAA student loan
4. WAIVER OF RIGHTS AND MUTUAL RELEASE: The partie.
hereto have been informed of their rights by their respective
counsel under and pursuant to the Divorce code, Aot of April
2, 1980, Number 1980-26, partiou1ar1y the provision. for
alimony, alimony pendente lite, equitable distribution of
marital property, counsel fees or expenses.
Both partie.
agree that this Agreement shall oono1usive1y provide for the
distribution of property under the said law and hereby waive,
release and relinquish any further rights they may
respectively have against the other for alimony, alimony
pendente lite, equitAble distribution of marital property,
counsel fees or expenses. From the date hereof, eaoh party
may acquire either personal or real property in their own
name. Any property so acquired shall be owned solely by that
party and shall not be subjeot to any olaim whatsoever by the
other party.
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subject to the provisions of this Agreement, each party
has released, discharged and, by this Agreement, does for
himsel f or hersel f, and his or her heirs, legal
representatives, executors, administrators and assigns,
release and discharge the other of and from all caUBe of
actions, claims, rights or demands whatsoever, in law or
equity, which either of the parties ever had, now have, or can
have at any time against the other, specifically including
rights or claims to spousal support, alimony, alimony pendente
lite, counsel fees and expenses, and equitable distribution of
marital property, except for any cause of action for divorce
from the bonds of matrimony and any cause of action for breach
of any provisions of this Agreement.
The parties hereto expressly relinquish and waive any and
all rights that they may have now or in the future to claim
and/or obtain spousal support, alimony pendente lite, alimony,
counsel fees and expenses or equitable distribution of
property.
This Agreement is not intended to be nor shall it be
construed or deemed to be a release or waiver of any right
WIFE or HUSBAND may have to claim, assert or obtain social
security benefits to which either may be entitled by virtue of
the marriage relationship between HUSBAND and WIFE.
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5. ESTATE RELEASEI Except as herein otherwiae
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 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 marital
relationship, including without limitation, dower, courtesy,
statutory allowance, widow I s allowance, right to take property
under equitable distribution, right to take in intestacy,
right to take against the will of the other, and right to act
as administrator or executor of the other's estate, and each
will, at the request cf the other, execute, acknowledge, and
deliver any and all instruments which may be necessary or
advisable to carry intc effeot this mutual waiver and
relinquishment of all such interests, rights and claims.
6. AFTER ACQUIR~ PERSONAL PROPERTY I Each of the
parties shall hereafter own and enjoy, independently of any
olaims or right of the other, all items of real and personal
property, tangible or intangible, hereafter acquired by him or
her, with full power in him or her to dispose of the same as
fully and effeotive1y, in all respects and for all purposes,
as though he or she were unmarried.
B
7. INCOME TAX PRIOR RETURNS I The parties have
heretofore filed joint Federal and state inoome tax returns.
HUSBAND agrees that in the event any defioiency in Federal,
State or Local income tax is proposed, or any assessment of
any such tax is made against WIFE by reason of her having
joined in the filing of said joint returns, HUSBAND will
indemnify and hold WIFE harmless from and against any 10.. or
liability for any such tax deficienoy or assessment and any
interest and penalty inourred as a result of HUSBAND'S
misrepresentation or failure to disclose the nature and extent
of HUSBAND'S separate inoome, and WIFE hereby agree. that .he
will indemnify and hold harmless HUSBAND from and against any
loss or liability for any tax deficiency or assessment and any
intsrest and penalty incurred as a result of WIFE'S
misrepresentation or failure to disclose the nature and extent
of WIFE'S separate income.
8. REPRESENTATIONS AND WARRANTIES: The parties
acknowledge that they have been advised by their respective
counsel of their right to require the filing of finanoial
disclosure statements by the other prior to entering into this
Agreement, and being so advised the parties acknowledge that
they have waived their right to request suoh finanoia1
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disclosure. However, each of the partiea hereby warrant and
represent to the other that at the time of separation, they
had no right, title and interest in any real or personal
property with a fair market value in excess ot $500.00 except
for any asset or item of real or personal property
specifically described and awarded pursuant to Paragraphs 1
and 2 of this Agreement.
9. SEPARATION: It shall be lawful for each party at
all times hereafter to live separate and apart trom the other
party at such place or places as he or she may trom time to
time choose or determine tit.
10. NO INTERrERENCE I Each party shall be tree trom
interference, authority and control, direct and indirect, by
the other as fully as if he or she were single and unmarried.
Neither shall molest the ether, compel, or endeavor to co.pel,
the ether to cohabit or dwell with him or her, or to intertere
with friendships, society or acquaintances whioh either ot the
parties hereto may choose or have from this day torward.
11. DOCUMENTS I Each party shall, at the reque.t ot the
other, execute, acknowledge and deliver to the other party any
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documents which may be reasonably necessary to give full force
and effect to this Agreement.
12. AGREEMENT NOT A BAR TO DIVORCE PROCEEDINGSs This
Agreement shall not be considered to affect or bar the right
of WIFE or HUSBAND to a divorce on lawful grounds as such
grounds now exist or shall hereafter exist or to such defense
as may be available to either party. This Agreement is not
intended to condone and shall not be deemed to be a
condonation on the part of either party hereto of any aot or
acts on the part of the other party which have occasioned the
disputes or unhappy differences whioh have occurred prior to
or which may occur subsequent to the date hereof. The parti..
intend to secure a mutual consent, no-fault divorce pur.uant
to the terms of section 3301(c) of the Divorce Code of 1980.
The parties agree to sign all necessary documents, ino1uding
Affidavits of Consent, to secure said no-fault divorce.
13. ABSOLUTE AND FINAL SETTLEMENTs The provisions of
this Agreement are intended to consider, determine, and
distribute all of the assets of the parties hereto as part of
the terms of this postnuptial Agreement. This Agreement is
intended by the parties hereto to be a valid postnuptial
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Agreement, providing for the absolute and final settlement of
their respective property rights and all obligations of
spousal support. This Agreement is not intended to be a mere
Separation Agreement. This Agreement contains the entire
understanding of the parties, and there are no
representations, warranties, covenants or promises other than
those expressly set forth in this Agreement.
14. VOLUNTARY EXECUTION AND FAIRNESS OF AGREEMENTl Each
party acknowledges that this Agreement has been entered into
of his or her own volition, (with full knowledge of the fact.
and full information as to the legal rights, liabilitie. and
the assets of the other), and that each believes the Agree.ent
to be reasonable under the circumstances and not the reau1t of
any duress or undue influence.
15. MODIFICATION AND WAIVERl Neither this Agreement nor
any provision thereof shall be amended or modified or deemed
amended or modified, except by an agreement in writing duly
subscribed and acknowledged with the same formality aa thia
Agreement. Any waiver by either party of any provision of
this Agreement, or any right or option hereunder shall not ba
deemed a continuing waiver, and shall not prevent or estop
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such party from thereafter enforcing such provision, right or
option, and the failure of either party to insist in anyone
or more instances upon the strict performance of any of the
terms or provisions of this Agreement by the other party shall
not be construed as a waiver or relinquishment for the future
of any such term or provision, but the same shall continue in
full force and effect.
16. SITUS: This Agreement shall be construed and
governed in accordance with the laws of the Commonwealth of
Pennsylvania.
17. INDEPENDENT SEPARATE COVENANTS: It is specifically
understood and agreed by and between the parties hereto that
each paragraph hereof shall be deemed to be a separate and
independent covenant and agreement.
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.
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18. DESCRIPTIVE HEADINGS I The desoriptive headings used
herein are for convenienoe only. They shall have no effect
whatsoever in determining the rights or obligations of the
parties.
19. SURVIVAL OF THIS AGREEMENT I It is the intention of
the parties that this Agreement shall survive any action for
divorce which may be instituted or prosscuted by either party
and no order, judgment or decree of divorce (temporary,
interlocutory, final or psrmansnt) shall affect or modify the
financial terms of this Agreement.
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20. BREACH I If either party breaches any prOVision of
this Agreement, (excluding however, provisions or terms
relating to child custody or child support) the other party
shall have the right, at his or her election, to Bue for
damages for such breach, or seek such other legal or equitable
remedies or relief BS may be available to him or her, and the
party breaching thie contract hereby agrees to be responsible
for payment of all attorney's fees, legal costs and expense.
inourred by the cther in enforoing their rights under this
Agreement.
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21. BINDING EFFECT: Each of the parties hereto intends
to be legally bound hereby, and this Agreement shall be
binding upon their heirs, personal representatives and assiqns
of the respective parties hereto.
IN WITNESS WHEREOF, the parties have hereunto set their
hands and seals the day and date first written, eaoh adopting
the seal following his or her signature as his or her own.
WITNESS:
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MICHAEL J. EVERLY,
plaintiff
: IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY, PENNSYLVANIA
I
I NO. 95-3057 CIVIL TERM
I
: CIVIL ACTION - LAW
: IN DIVORCE
v.
DONNALEE EVERLY,
Defendant
PRAECIPE TO TRANSMIT UNDER SECTION 3301(cl
TO THE PROTHONOTARY I
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 (XI 330lCcl ( I 330lCdl of the Divorce Code.
2. Date and manner of service of the complaint:
Defendant received the comD1aint in Divorce on June 13. 1995.
See Proof of Service filed to the aboye term and number.
3. (Complete either Paragraph (a) or (b)).
(a) Date of execution of the Affidavit of Con.ent
required by Section 3301(c) of the Divorce Code: By plaintiff:
February 27. 1996/ Defendant: February 27. 1996.
(b)(l) Date of execution of the plaintiff'.
Affidavit required by Section 3301 (d) of the Divorce Code:
HLA/ (2) Date of service of the Plaintiff's Affidavit upon
the Defendant: HLA.
4. Related claims pending: No claim. Dendina.
Respectfully submitted,
CUNNINGHAM' CHERNICOFF, P.C.
Date: ADril f 1996
~
By:'
Deb rah
I.D '36212
2320 North Second street
P.O. Box 60457
Harrisburg, PA 17106-0457
(717) 238-6570
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MA~CKE, WAGNER. HERSHEY & lULL Y
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MICHAEL J. BYERLY, I IN THE COURT OF COMMON PLEAS
I CUMBERLAND COUNTY, PENNSYLVANIA
Plaintift, I NO. qj () ( (II ~ ',) It t!^--
v. I 3057
I
I CIVIL ACTIOH - LAW
OCOnEE BYERLY, I
I IN DIVORCE
Datandant. I
NOTICE TO DEFEND AND CLAIM RIGHTS
YOU HAVE BEEN SUED IN COURT. It you wi.h to datand
again.t tha clai.. .at torth in tha fo110winq paqa., you .u.t
taka proapt action. You are warnad th.t it you fail to do .0,
the ca.e ..y proceed without you and a decrae in divorce or
annul..nt .ay be antered again.t you by tha Court. A jUdqaent
..y al.o be entared aqain.t you for anothar clai. or reliaf
requa.tad in the.a paper. by tha Plaintiff. You .ay 10.e .onay
or property or othar right. i.portant to you, includinq cu.tedy
or vi.itation of your children.
When tha qround for tha divorca i. indiqnitia. or
irretrievabla breakdown of the .arriaqa, you .ay raque.t .arriaqe
coun.eling. A li.t of .arriaga coun.alor. i. availabla in tha
Office of the Prothonotary, cuabarland County Courthou.a,
Carli.le, Penn.ylvania.
Ir YOU 00 NOT rILE A CLAIM POR ALIMONY, DIVISION or
PROPERTY, LAWYER' S rEU OR EXPENSES BEFORE A DIVORCE OR ANNULMENT
IS GRANTED, YOU NAY LOSE THE RIGHT TO CLAIM ANY or THill.
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT OHCE. Ir
YOU 00 HOT HAVE A LAWYER OR CANNOT ArPORD ONE, GO TO OR TELEPHONE
THE orrICE SET rORTH BELOW TO rIND OUT WHIRE YOU CAN GET LEGAL
HELP.
COUl~ .ftMr.r.~..~o.
4th Floor
CUabarland County Courthou.a
Carli.la, PA 17013
(717) 240-6200
.
MICHAEL J. EVERLY, I IN THE COURT OF CONNON PLEAS
I CUMBERLAND COUNTY, PENNSYLVANIA
plaintiff, I
v. I NO.
I
I CIVIL ACTION - LAW
DONNALEE EVERLY, I
I IN DIVORCE
Defendant. I
NW'aUJft J. DJYOI.CI
AND NOW, co.e. the Plaintiff, MICHAEL J. EVERLY, by and
throu;h hi. attorney., MAHCIE, WAGNER, HERSHEY' TULLY, and file.
the fol1owin; co.plaint in Divorce I
1. The Plaintiff, MICHAEL J. EVERLY, i. an adult
individual currently re.idinq at 1716 Jo.iah chowninq Way, New
cuaberland, cuabarland County, Penn.y1vania.
a. The Defendant, OOHNALEE EVERLY, i. an adult
individual currently re.idinq at 1716 Jo.iah Chownin; Way, New
cuaberland, cuabarland county, Penney1vania.
3. Plaintiff and Defendant have both been bona fide
reeidente of the Coaaonwealth of Penney1vania for at 1ea.t .ix
(6) .onthe prior to the filing of thi. Co.p1aint,
4. Plaintiff and Defendant are hu.band and wife havin;
been .arried on AuqU.t 24, 1991, at Harri.burq, Dauphin County,
penneylvania.
5. There have been no prior action. of divorce or
annul.ent between the partie. in thie or any other juri.diction.
6. Neither plaintiff nor Defendant are .e.bar. of the
Araed Foroe. of the United state. or any of it. Allie..
7. Plaintiff ha. been advi.ed of the availability of
coun.eling and that he has the right to reque.t that the Court
require both partie. to participate in coun.eling.
8. The plaintiff aver. a. ground. on whioh this action
i. be.ed are,
(a) that the .arriage i. irretrievably brokenf and
(b) that a. of June 1, 1997, the partie.
will h.ve lived .eparat. and apart for a
period of two (2) continuous year..
WHIRIFORE, Plaintiff pray. this Honorable Court to
enter a Decree in Divorce.
GOu.! I
~ltable Dl.trlbutlD.
9. Paragraph. 1 through 8 above are incorporated
herein by reference and .ade a part hereof.
10. During the .arriage, Plaintiff and Defendant have
acquired various ite.. of .arita1 property, both real and
per.onal, which are .ubject to equitable di.tribution under
section 401 of the Divorce Coda of 1980.
WHEREFORE, Plaintiff, MICHAEL J. EVERLY, pray. this
Honorable Court,
A. Enter a Dacree in Divorce,
B. Equitably di.tribute all property, both real and
per.ona1, owned by the partie., and
C. Grant .uch further re1i.f a. the Court .ay de..
equitable and ju.t.
I 'IULLY
re
DATE I I. j.;,j'1 .5
I I
VDII'IOA'l'IO.
I verify that the statements made in the foreqoinq
document are true and correct. I understand that false
.tate.ents herein are made subject to the penalties of lB Pa.C.S.
section 4904, relatinq to unsworn falsification to authorities.
K!latJ10
DATE I
fJ/15
/
MICHAEL J. EVERLY,
Plaintiff
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 95-3057 CIVIL TERM
v.
DONNALEE EVERLY,
Defendant
CIVIL ACTION - LAW
IN DIVORCE
AFFIDAVIT OF CONSENT
1. A Complaint in Divorce under section 3301(C) of the
Divorce Code was filed on June 6, 1995.
2. The marriage of Plaintiff and Defendant i.
irretrievably broken and ninsty (90) day. have elap.ed froa
the date of filing the Complaint.
3. I consent to the entry of a Final Decree of Divorce.
4. I understand that I may 10.e right. concerning
alimony, division of property, lawyer'. fee. or expen.e. if I
do not claim them before a divorce is granted.
I verify that the statements made in this Affidavit are
true and correct. I understand that false statements herein
are made subject to the penalties of 18 Pa.C.S.A. section 4904
relating to unsworn falsification to authoritie..
Datel
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MICHAEL J. EVERLY,
Plaintiff
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
v.
NO. 95-3057 CIVIL TREM
CIVIL ACTION - LAW
IN DIVORCE
DONNALEE EVERLY,
Defendant
AFFIDAVIT OF CONSENT
1. A Complaint in Divorce under Section 3301(c) of the
Divorce Code was filed on June 6, 1995.
2. The marriage of Plaintiff and Defendant is
irretrievably broken and ninety (90) days have elapsed from
the date of filing the Complaint.
3. I consent to the entry of a Final Decree of Divorce.
4. I understand that I may lose rights concerning
alimony, division of property, 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 18 Pa.C.S.A. Section 4904
relating to unsworn falsification to authorities.
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I IN THE COURT OF COMMON PLEAS
I CUMBERLAND COUNTY, PENNSYLVANIA
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I NO. 95-3057 CIVIL TERM
:
: CIVIL ACTION - LAW
I IN DIVORCE
MICHAEL J. EVERLY,
plaintiff
DONNALEE EVERLY,
Defendant
HAIlaB.J)F NOTICE OF INTENTION TO REOUEST ENTRY
OF A DIVORCE DECREE UNDER 13301(CI OF THE DIVORCE CODE
1. I consent to the entry of a Final Decree of Divorce.
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 divoroed until a
divorce decree is entered by the Court and that a OOry of the
decree will be sent to me immediately after it is f led 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 19 Pa. C.S. 14904,
relating to unsworn falsification to authorities.
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MICHAEL J. EVERLY, I IN THE COURT OF COMMON PLEAS
I CUMBERLAND COUNTY, PENNSYLVANIA
plaintiff, .
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v. . NO. 95-3057
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I CIVIL ACTION - LAW
DONNALEE EVERLY, I
I IN DIVORCE
Defendant. I
CERTIFICATE OF SERVICE
I, Debra R. spinner, Secretary in the law firm of
MANCRE, WAGNER HERSHEY' TULLY, do hereby certify that on this
date a copy of the COMPLAINT IN DIVORCE was served upon the
following person and in the manner indicated below, which service
s.tisfies the requirements of the Pennsylvania Rules of civil
Procedure, by depositing the same in the United States mail,
Harrisburg, Pennsylvania, certified, restricted delivery, return
receipt requested, and addreased as follows I
Ms. Donnalee Everly
1716 Josiah Chowning Way
New Cumberland, PA 17070
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By J(t/'f{,_.r ,",J,,, It" '
Debra R. Spinner,/secretary
MANCRE, WAGNER, HERSHEY . TULLY
2233 North Front street
Harrisburg, PA 17110
P. Richard Wagner, Esquire
Attorney for plaintiff
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