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HomeMy WebLinkAbout95-03080 '. ' -~------~-----_._--~~~~~~-~~-~ . ,~~ - I_ , . : IN THE COURT OF COMMON PLEAS : . OF CUMBERLAND COUNTY · . . . .taLI . : STATE OF ~ PENNA, . . . . . Karen D. Boyer, 'I . . Plalnt.iff .: No. \l~,.JOllQ"",... 19 . . V''!'811S . . Richard \'1. Doyer, . . . .. Defendant. . ; t . DECREE IN ' ~ 0' V ~ R C E it j.: ~ (JJ1 ! I AND NOW, , ,.. " .,. ., . . . . , , . .. 19. ~.~ ' '. It I. ordered and ~ . decreed that . Xii r oil . D,. nQY , .. , .. " .. .. .. , .. .. .. .. .. .. .. ., plaintiff, . . and, , .q\r;:I',a,r:cj. Ii", ,~lpY,~t;.,. .' .', .,. "., " ",.. , , .., . ",. . ,., defendant, ; ~ are divorced from the bond. of matrimony. . . The court retain. jurl.dlctlon of the following claim. which have · . been ral.ed of record in thl. action for which a final order hat not yet · . d · ~ been entere i . . ....,.. .(,}P.S,~~I.l!lP'q~,l. ,'1CJrp.~~~!,.t.. ,~p.e,~. ~~). .~I,I~, ,i1.I?,?y.e, .~~rn~ .~I,l?,.,.,. 1* : . , ,I1).1,l1)Q\l ,.1fi, ~I1CQ r p,q,<;l ~.o,(l , (1)1,t.. .1,19~, .n.I~' rfl.q(! . ~ fI.~'l, .t..1\ i, '? ~I.o.c; ~~P,'. . . . , , i 8 ~ ~ Po a , li . ,~ 'il i: :~ I~ , _ '__-._' .'... ... ... .. . '.: -,.~.. '..: :.:.' '*, :.I: 'l.:: 'lr.' 'lr.' :J d'~ * ~-t' c~'f7 ,I/'I.~~I/ /c. ,e7'~ .J60CL J,f YV 71..&1- ",.:,~..Ji ~, {l--/f L~~ . " 04 ., .. POST NUPTIAL AGREEMENT ORIGINAL TillS AGREEMENT, made thia I t-r day of .-- , lcLI'\' , Decembttr-r le/'Ib -t9J5 , between KAREN D. BOYER, hereinafter referred to as (WIFE) and RICHARD W. BOYER (hereinafter referred to as HUSBAND). "ITNESSETH I 1fIIEREAS, lIusband and Wife were lawfully married on August 1B, 19B9/ and "HIRIAS, one child was born of this marriage, JARED CIIARLBS BOYER born January lB, 1990/ and 1fIIIUAI , diverse unhappy differences, diaputes and difficultiss have arisen between the parties and it is the intention of Wife and Husband to live separate and apart for the rest of their natural lives, and the, parties hereto are desirous of settling fully and finally their respective financial and property rights and obligations as between each other, including, without lill.! tation by specification I the settling of all matters between them relating to the ownership and equitable distribution cf real and personal property/ the settling of all matters between them relating to the past, preeent and future eupport, alimony and/or maintenanco of Wife by Husband or of Hueband by Wife/ the settling of all matters between them relating to the past, present and future support and/or maintenance of the child/ the implementation of custody and partial custody arrangements for the minor child of 1 , ..., the parties, and, in general, the settling of any and all olaim. and poselble olaims by one against the other or against their respeotive estates. NOW, THBREFORE, with the foregoing recitals being hereinafter incorporated by reference and deemed as an esssntial part hereof, and intending to be legally bound hereby, and for other good and sufficient consideration, the receipt of whioh is hereby acknowledged, the parties mutually agree as followsl 1. IIPAUTIO.II It is acknowledged and agreed that the parties have lived separate and apart since February 11, 1995. 2. IIITIRrlRllICII Each party shall be frse frail interference, authority, and contact by the other, exoept a. may be necessary to carry out the provisions of this Agreement. 3. KIFI' _ DIIT81 From the date of execution of this agreement, WIFE shall be responsible for any debt she may inour and shall indemnify and save harmless HUSBAND from any and all alai.. or demands made against him by reason of debts or obligation. incurred by her after date of execution of this agreement, and .av. harmle.s HUSBAND from any loss he may Bustain, inclUding attorney fees, as a result of any default in payment by WIFB. 4. HU_IAIID'I DIITII From the date of exeoution of this agreement, HUSBAND shall be responsible for any debt he may inour and shall indemnify and save harmless WIFB from any and all olai.. or demands made against her by reason of debts or obligation. incurred by him after date of execution of this agreement, and ..v. 2 .. .. hurmle.. WIFE from any loss she may sustain, including attorney feel, as a result of any default in payment by IIUSBAND. 5. JOIIIT DIUI, IIUSBAND and WIFE acknowledge and represent that all joint debts have been resolved at execution of this Agreement and that as of the date of exeoution of this Agreement all joint aooount. have been terminated and all joint credit oards have been destroyed. Exoept as otherwise provided hereafter, all debts, contraots, obligations or liabilities incurred at any time in the past or future by either of the parties (as opposed to those debts or obligations incurred by the parties jointly prior to the time of their separationl will be paid promptly by said party. Neither party shall, after the date of thi. Agreement, oontraot or incur any debt or liability for whioh the other or his or her property might be re.ponsible and shall indemnify and eave harmle.. the other from any and all olaiml or demands made again.t her or him by rea.on of debt. or obligations inourred by her or him and from all oosts, legal oosts and oounsel fees, unle.s provid.d to the oontrary herein. 6. MAIITAL III I D..CI, IIUSBAND and WIFE aoknowledge and agree that the marital residenoe of 166 South Enola Drive, Bnola, Cumberland County, penn.ylvania was sold Ootober 31, 1995 and .aah party agrees that the amount they eaoh aocepted as refleoted or the settlemunt sheet is fair and equitable and hereafter waive. further claim. 7, flHlIOII AHQ-2IIIR-BlTIRIMINT CONTRIBUTIOIII WIFB agr... and aoknowledges that she has acoepted an amount equal to 50' of 3 .. IIUSBAND's acorued pension as a set-off to the procesd. of the marital residenoe as described in Paragraph 6 and hereafter waives further claim, HUSBAND agreee and aoknowledgee that WIFE has no peneion and waivee claim to any future pension or retirement oontribution by WIFE, 8. IIIURAIICI. IlUSBAND agreee to maintain all present life insurance polioies on his life but may, upon written notice to WIFE, change the primary beneficiary to his eon JARED CHARLES BOYER and any other ohild for which he is father in equal shares. IlUSBAND further agrees to maintain health insuranoe in his WIFB'. behalf until euch time as she ie deemed ineligible and faoilitate her eligibility for medical ineuranoe through COBRA benefit. if she is eligible. HUSBAND agreee to maintain health insuranoe for JARBD CHARLBS BOYER. 9. VllleLII. Both parties aOknowledge that they solely own, pOssess and maintain their own vehioles ae follows. 1993 Chevrolet Corsioa by WIFE 1995 Ford Bronco by HUSBAND HUSBAND agrees that he will maintain vehiole insuranoe on WIPE's vehicle until November 1995. Both parties agree there are presently no other vehioles owned by either party. 10. CUSTODY. Both parties agree that they will share joint legal oustody, that WIFE shall have primary oUstody of their only child JARED CIIARtES DOYER (d.o.b. 1-18-90) and that HUSBAND ahall have partial custody on alternate weekends from Friday 8.00 p.m. until Sunday 6.00 p,m. and on the alternate Wednesdays from 4.00 4 .. p.rn, until 0100 p.m. Also WIFE agrees to permit additional reauonabls partial custody upon mutual agreement provided that IIU8BANO notifies and requssts additional visitation at least six ( 6) hours in advance, Parties agree to split reasonably custody on each Christmas, 'I'honksgiving and the child's birthday to assure that each party has custody for equal periods of time. Further, parties agree to alternate custody on each state or national holiday I wherein IIUSBAND would have partial custody from 0100 a.m. to 0100 p.m. on those alternate holidays, The welfare and convenisnce of the child shall be the prime consideration in application of this Agreement. Neither party shall alienate or destroy the affection of the child for the other party, but shall extend every reasonable effort to foster a feeling of affection between the child and both parents 11. CHILD 8UPPORT I IIU!lBAND agrees to pay to WIFB on a monthly basis, unless otherwise mutually agreed in writing, Fiv. Hundred ($500.00) dollars for the support of JARED CHARLBS BOYBR and his maintenance in a lifsstyle in which he has been accustomed. HUSBAND acknowledges and agrees that this amount is fair and reasonable, If HUSBAND ehall fall into arrears in his provision of the above-named weekly support amount, he will be responsible for ths costs of prosecution incurred by WIFE including her reasonable attorney fees. IIUSBAND agrees to be both contractually bound by the terms of this paragraph and to consent to the incorporation of the herein 5 ., child support obligation in the divorce degree. HUSBAND acknowledges and agrees that WIFE shall have all substantive and procedural rights and remedies available at law or in equity, with enforcement of the herein agreed child support. Additionally, HUSBAND agrees to maintain health insurance for JARED CIIARLES BOYER and to be responsible for one-half (Is) of all additional or non-covered medical costs so long as he remains obligated by this Agreement. This support amount shall continue until modified in writing by mutual assent of parties or until the child's eighteenth (18th) birthday or the conclusion of his education including colleg., whiohever occurs last. 12. JOUITABL. DIITRIBUTIOI or MARITAL PROP.RTI. The parti.. have attempted to distribute their marital property in a mann.r whioh oonforms to the criteria set forth in Seotion 3502 of the Pennsylvania Divoroe code and taking into aooount the following considerations I the length of marriage, the fact that it i. the first marriage for Husband and Wife, the age, health, .tation, amount and sources of income, vocational skill., employ.bility, estate, liabilities and needs of eaoh of the parti.., the contribution of eaoh party to the eduoation, training or incr....d earning power of the other party, the opportunity of each p.rty for further acquisitions of capital assets and inoome, the .ource. of income of both parties, including uut not limited to lIIedical, retirement, insuranoe or other benefits, the contribution or dissipation of eaoh party in the acquisition, pre.erv.tion, 6 . dtlpreciation or appreciation of the marital property, including the contribution of each spouse as a homemaker the value of the property set apart to each partYI the standard of living of the parties established during the marriage I and the economic circumstances of each party at the time the division of property is to become effective. The division of existing marital property as described herein by this Post Nuptial Agreement is not intended by the parties to constitute in any way a sale or exchange of assets, and the division of being effected without the introduction of outalde funds or other property not constituting marital property. The divieion of property under this Agreement shall be in full satisfaction of all marital rights of the parties. 13. DltTRI8UflON or 'IRtONAL 'RO'lRTf The parties hereto mutually agree that they have effected a satisfactory division of the furniture, household furnishing., appliances, and other household personal property between them, and they mutually agree that each party shall from and after the date of execution of this agreement be the sole and separate owner of all suoh tangible personal property presently in his or her possession, and this Agreement shall have the effect of an assignment or bill of sale from each party to the other for such property as may be in the individual possession of each of the parties hereto. The parties hereto have divided between themselves, to their mutual satisfaotion, all items of tangible and intangible marital 7 - property. Neither party Bhall make any claim to any Buch item. of marital property, or of the separate personal property of either party, which are now in the poneeaion andlor under the control of the other. Should it become neceBury, the parties each agr.. to Bign, upon request, any titles or document. neceuary to give effect to this paragraph, Property .hall be d..med to be in the possession or under the control of either party if, in the ca.. of tangible personal property, the items is phYBically in the possession or control of the party at thB time of the .igning of thiB Agreement and, ill the case of intangible perBonal prop.rty, if any physical or written evid.nce of own.r.hip, Buch a. pa..book, checkbook, policy or certificate of in.uranca or oth.r similar writing i. in the po.....ion or control of the party, From and after the date of .x.oution of thi. Agr....nt, both parties shall have complete fre.dom of diBpo.ition a. to th.ir Beparate property and any property which i. in their po.....ion or control, purBuant to thiB Agreem.nt, and may mortgag., ..11, grant, oonvey, or otherwise encumber or di.po.. of .uch prop.rty, wh.th.r real or per.onal, wh.th.r .uoh prop.rty waR acquired b.for., during or after marriage, and neither IIUSBAND nor WIFB n..d join in, oon.ent to, or acknowledge any d.ed, mortgag., or oth.r in.tru..nt of the other pertaining to .uch diBpoBi tion of prop.rty. 14. TAIII, PartieB agree to file a joint r.turn for 199! and divide equally any refulld and thereafter to filB ..parate tax returnB. JARBD CIIARLBS BOYER shall be duignated AI a d.p.ndant of WIFE. 8 ~ 15. ALlMon. SPOUIAL SUPPORT, COUNSIL FIlS AND IIPIIIIII. Both parties acknowledge and agree that the provisions of this Agreement providing for equitable distribution of property are fair, adequate and satisfactory to them, and are accepted by them in lieu of and in full and final settlement and satisfaction of any claims are demands that either may now or hereafter have against the other for support, maintenance or alimony, or counsel fees or expenses, or any other provision for their support and maintenance for divorce or annulment between ths parties. The parties hereby waive, release and give up any right they may have respectively against the other for alimony, support, or maintenance and agree to henceforth live separately without seeking support from the other. Each party shall be responsible for his or her own counsel fee., and each agrees to indemnify, defend and save the other harml... from any action commenced against the other for alimony coun..l fees and/or expenses, 16. DIVORCI. A Complaint in Divorce has been filed to No. 95- 30BO in the Court of Common Pleas of Cumberland County, Pennsylvania, pursuant to Section 330l(C) of the Divorce Cod.. It is the intent of both parties to incorporate this Po.t Nuptial Agreement but not merged to this divorce. This Agreement .hall survive in its entirety, resolving the spousal support, aliaony, equitable distribution and other interests and right. of the parties under and pursuant to tho Divorce Code of the Commonwe.lth of pennsylvania, and no court asked to enforce or interpret thi. Agreement shall in any way independently of any support order, 9 . divorce decree or judgment and its terms shall take precedence over same, remaining the primary obligation of each party. It is warranted, covenanted and represented by HUSBAND and WIFE, each to the other, that this Agreement is lawful and enforceable, and this warranty, covenant and representation is made for the specific purpose of inducing the parties to execute the Agreement. 17. ArTlR-ACQUIRIP PROPIRTY. Each of the parties shall hereafter own and enjoy, independently of any claim or right of the other, all iteme of property, be they real, pereonal or mixed, tangible or intangible, which are hereafter acquired by him or her, with full power in him or her to dispose of the same as fully and effectively, in all respecte and for all purposes, as though he or she were unmarried. 18. RILIAII. subject to the provisions of this Agreement, each party has released and discharged, and by this Agreement doe. for himself or herself, and his or her heirs, legal representatives, executors, administrators and assigns, relea.e, indemnify (including actual legal fees) and discharge the other of and from all causes of action, claims, righte, or demand. whatsoever, in law (civil or criminal) or equity, including equitable distribution, spousal support, alimony, counsel feel, alimony pendente lite, and expenses which either of the partiel against the other ever had, now has, or may have in the future under the Pennsylvania Divorce Code, as amended, or under any other statutory or common law, except for breach of any provisions of this Agreement. Each party also waives his or her right to request 10 . marital oounseling, pursuant to Seotion 3302 of the Divoroe Code. I g. "AIVlR& or CLAIM& AGAIHBT IBTATI&. Exoept as herein other provided, eaoh party may dispose of his or her property in any way, and eaoh party hereby waives and relinquishes any and all rights he or shall may now have or hereafter aoquire under the present of future laws of any jurisdiction, to share in the property or the estate of the other as a result of the marital relationship, inoluding without limitation, dower, curtesy, statutory allowanoe, widow's allowanoe, right to take in intestaoy, right to take against the will of the other, and right to aot as administrator or exeoutor of the other's estate, and any right existing now or in the future under the Pennsylvania Divoroe Code, as amended from time to time, and eaoh will, at the reque.t of the other, exeoute, aoknowledge and deliver any and all instrument. which may be neoessary or adviBable to oarry into effeot thi. mutual waiver and relinquishment of all suoh interests, right. and olaims. Eaoh further waives any rights to inherit or reoeive property or aot as the personal representative of the e.tate of the other by will, Codicil, or insuranoe policy (designation of benefioiary) is dated subsequent to the sffeotive date of this Agreement. 20. BRIACH. In the event of breaoh of any of the term. of this Agreement, the nonbreaching party shall be paid, as part of any aware or judgment against the brsaohing party, all oosts, inoluding aotual oounsel fees paid to his or her attorney. 11 21. FULL DIICLOIURII Eaoh party asserts that she or he ha. made or shall make a full and oomplete dieolosure of all the real and personal property of whatsoever nature and wheresoever looated belonging in any way to eaoh of them, of all debts and enoumbranoe. inourred in any manner whatsoever by eaoh of them, and of all souroes and amounts of inoome reoeived or reoelvable by eaoh party. 22, 8RIACHI If either party breaches any provisions of this Agreement, the other party shall have the right, at hiB or her election, to sue for damages, lnoluding attorney fees, for suoh breach, or seek suoh remedies or relief ae may be available to him or her respectively. 23. IIVIIABILITYI If any term, oondition, olause or provisions of thie Agreement shall be determined or declared to be void or invalid in law otherwJee, then only that term, oondition, olauee or provieion ehall be strioken from this Agreement and in all other respects thie Agreemsnt shall be valid and continue in full force, effect and operation, Likewise, the failure of any party to meet her or his obligation under anyone or more of the paragraphs herein, with the exoeption of the satisfaotion of the conditions precedent, shall in no way void or alter the re.ainint obligations of the parties. 24, ADDITIOIIAL IlIlTftUMllITl1 Each of the parties shall fr~ time to time, at the request of the other, execute, acknowledVe, and deliver to the other party any and all further instrument., inoluding Deeds and other real eetate-related doouments, title., or 12 other doouments that may be reasonably required to give full force and effeot to the provisions of this Agreement. 25. VOLUNTARY II.CUrlON AND ADVICII: or COUNIJI:L. The provisions of this Agreement and their legal effect have been fully explained to the parties by John M. Glace, Esquire, Attorney for WIFE and Linda Clotfelter, Esquire, Attorney for HUSBAND. Eaoh party aoknowledges that the Agreement is fair and equitable, that full disolosure has been made by eaoh respeotive party to the other, that it is being entered into voluntarily, and that it i. not the re.ult of any duress or undue influenoe. WIFE and HUSBAND acknowledge that they have been furnished with all information relating to the financial affairs of the other, whioh has be.n requssted by them respectively. 26. AORII:IMJI:IT _IIDIIO 01 RII:IRI. This Agreement .hall b. binding and shall inure to the bsnefits of the partie. h.r.to and their rsspeotive heirs, executors, administratcr., eucc..eor., and assigns, 27, A"LICAaLII: LAW. This Agreemsnt shall b. con.tru.d in accordanoe with the laws of the Commonwsalth of penn.ylvania which are in effeot as of the date of execution of this Agr....nt. 28. INTIRI AORIJl:MIIT. This Agreement containe the .ntire understanding of the parties, and there are no repre.entation., warranties, covenants or undertakings other than thoee expr...ly set forth hsrein, 29. MODIFICATION AND WAIYlR. A modification or waiver of any of the provisions of this Agreement shall be effective only if ..d. 13 . in writing and executed with the same formality as this Agreement. The failure of either party to insist upon strict performance of any of the provisions of this Agreement, shall not be construed a. a waiver or any subsequent default of the same or similar nature. 30. DIICRIPTIVI HIADINOII The descriptive heading. u.ed herein are for convenience only. They shall have no effect whateoever in determining the rights or obligations of the partie.. IN "ITNI18 N11R1or, the parties have hereunto set their hand. and seals the day and year first above written. It./'-- RICHARD N. BOIIR 14 . , . ACItNOWLIDGSMINT COMMONWEALTH or PINNSYLVANIA SS COUNTY or CUMBIRLAND .' 1"- I certify that on this ~ day of January, 1996, before me, the undersigned officer, personally appeared RICHARD W, BOYBR, knawn to. me (or satisfactarily praven) to be the individual whose name is subscribed to the foregaing instrument, and acknowledged that he executed the same for the purpase therein contained. IN WITNISS WHIRBOr, 1 hereunto. set my hand and official seal. My Commission Expires: '-~ NOTARIAL SEAL HELEN E, HASMUSSEN. NolaI'{ Public Camp Hill BorulIuh. ClImherland COllnty ~t~?~lnt~$Ir):' ~.rlt'JF AII() 2: 1~~~ (SEAL) " .- . COHHONWBALTII OF PBNNSYLVANIA COUNTY OF DAUPIIIN II, I certify that on thil I-JIlt day _L of January, 1996, before , me, the undersigned offioer, personally all .Jared l(ARBN D. BOYBR, known to me (or latilfaotorily proven) to be the individual whole name il lublcribed to the foregoing inltrument, and acknowledged that Ihe executed the lame for the purpole therein contained. IN WITNBSS WHBRBOF, I hereunto let my hand and official leal. Sworn to and lubloribed before me this /711, day of January, 1996 ~/tl{''-'{;(;'LII ! otary u cf' My r.o~mi~lion Bxpirell (SBAL) NOlllflfll Soal I\hDnda E ll>e"v, t M.IIY PubllD It.1l11filllIUJ. Odtlllllfll CIIIIIIIV Mv ClJml111"IOn EJplftlli MilY 4.' 1999 M"flh'lI\"I'tlv''1111'(jIAn''l\.;..:~~~;'M ;J.j . ... . n I',") '-l (' I. I - I --I "'1 I !TI , I ifl I 'U] ~" " ....'1 .~~ ,--; .', 'J . , J ~~~ ';". - J .. =j t.. " '., lJl ~ KARBN D. BOYBR, plaintiff , IN THB COURT OF COMMON PLBAS , CUMBBRLAND COUNTY, PBNNSYLVANIA , I No. 95-3080 I , CIVIL ACTION - LAW I IN DIVORCB vs. RICHARD W. BOYBR, Defendant TO LAWRENCB B. WBLKER, PROTHONOTARY OF SAID COURT .RASCI.. ~O 'RAlIMI~ RlCORD Kindly transmit the record, together with the following information to the Court for entry of a divorce decree in the abcve-captioned ca.e' 1. Ground for divorcel Irretrievable Breakdown of Marriage under 53301(0) of the penneylvania Divorce Code. 2. Date and Manner of complaint I Aoceptance of Service a. evidenced by Riohard W. Boyer on June 8, 1995. Said .igned receipt h filed of record attached to plaintiff' e Return of Servioe certification. 3. Date of Bxecution of Affidavit. of con.ent required by 53301(c) of the pennsylvania Divorce Codel (a) By plaintiff I January 17, 1996 (a copy of the exeouted Affidavit of Consent is attaohed a. Bxhibit "A"). (b) By Defendantl January 17, 1996 (a oopy of the exeouted Affidavit of Consent is attached as Bxhibit "B"), 4. There are no pending related olaime. Both partiee have inoorporated but not merged a Poet Nuptial Agreement to Divorce Decree. . G ace, Eequ re ON , GLACE orth Front street Box 12027 a rieburg, PA 17108-2027 (717) 232-0511 1.0. '23933 DATBI ~] \;,1 ') Vl ',. -" , oj 'Il:r} I...: ~' .) I ':2 : r,.) \ I , ') r ...:, ,1 "'1 '- -t . . . '1-;0' , . ~..) , I , - i' ,iTl '. ' . I .. rl f ..~ '. :T~ en ..... vs. I I I I I I I IN THE COURT OF COMMON PLBAS CUMBBRLAND COUNTY, PBNNSYLVANIA No. 1)- j(\ Jl') (lull C_-,)t0ll"-- CIVIL ACTION - LAW IN DIVORCE KARBN D. BOYER, Plaintiff RICHARD W. BOYBR, Defendant NOTICE TO DEFBND AND CLAIM RIGHTS IOU IAVI III1 IUID II COURT. If you wish to defend against the claims set forth in the following pages, you must taks prompt action. You are warned that if you fail to do sc, the case may procesd without you and a decree of divorce cr annulment may be entered against you by the Court. A judgment may aleo 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, One Courthouse Square, Carlisle, PA 17013. IF IOU DO 10'l' rILII A CLAIM rOR ALlMOn, DIVIIIOI or .RO.IRTI, LAWlU'1 rill OR 11.1.,11 IlrORI A DIVORCI OR AIIIULMIIT II GUII'ID, IOU MAl LOll '.1 RIGIT TO CLAIM AlII or TIIM. IOU IIOULD TAIlI 'III .A.IR TO lOUR LAWlIR AT OICI. IF IOU DO 10'1' IAVI A LA"I.R OR CAIIIO'l' AFrORD Oil, 00 TO OR TILII.IOII 'II orrICI liT rORTI llLOK TO rIID OUT "IIRI IOU CAlI GIT LllOAL IlL.. CUMBBRLAND COUNTY LAWYER REFERRAL SERVICE ONB COURTHOUSB SQUARE CARLISLE, PA 17013 (717) 240-6200 '. KAREN D. BOYER, Plaintiff va. I IN THE COURT OF COMMON PLEAS I CUMBERLAND COUNTY, PENNSYLVANIA I I No. I I CIVIL ACTION - LAW I IN DIVORCE RICHARD W. BOYER, Defendant AND NOW this COMPLAIHT IN DIVORCE r;tI....- day of June, 1995, comes the Plaintiff, KAREN 0, BOYER, by her attorney, JOHN H. GLACE, ESQUIRE, and seeks to obtain a Decree in Divorce upon the grounds hereinafter more fully set forth I 1. The Plaintiff, KAREN D. BOYER, is an adult individual and citizen of the United States of America, whose address is 166 South Eno1a Drive, Eno1a, Cumberland County, PA 17025. 2. The Defendant, RICHARD W. BOYER, is an adult individual and citizen of the United States of Amerioa, whoae addreas is 2270 Potts Hill Road, Etters, York County, Pennsylvania 17319. 3. Defendant has been a bona fids resident in the Commonwsa1th of Psnnsy1vania for at least six (6) months immediately previous to the filing of this Complaint, 4. Plaintiff and Defendant were married on or about August 1B, 19B9, in Harrisburg, Pennsylvania, 5. Plaintiff avers that there hone (1) ohild, JARED ClfARLES BOYER (d,o.b. l-lB-90) af the above desoribed marriage, ~ Said child is in the primary custody of Plaintiff. 6. Neither Plaintiff nor Defendant is a member of the united States Armed Servioes. 7. Plaintiff and Defendant have both been advised of the availability of marital counseling and that each may have the right to requsst that the court require the parties to participate in counseling, 8. Plaintiff avers that there has been no prior action for divorce or annulment of the marriage filed by either party in this or any other jurisdiction, 9. Plaintiff avers that the marriage is irretrievably broken, pursuant to Seotion 330l(c) of the Pennsylvania Divorce Code Act 206 of 1990. 10, Defendant has offered such indignities to the Plaintiff, the innocent and injured spouse, as to render her condition intolerable and life burdensome, pursuant to Section 330l(al(6) of the Pennsylvania Divorce Code Act 206 of 1990. 11. This action is not collusive. WHBREFORE, Plaintiff prays your Honorable Court to enter a Decree of Divorce from the bonds of matrimony. COUNT II EQUITABLE DISTRIBUTION 12. Paragraphs one (1) through eleven (11) are incorporated herein by reference as though set forth in full. '. 13. plaintiff and Defendant have legally and benefioially aoquired property, both real and personal, during their marriage, whioh property is "marital property" 14. Plaintiff and Defendant may have owned prior to the marriage property, both real and personal, which property has increased in value during the marriage and/or which has been exchanged for other property, which has increased in value during the marriage, all of which is "Marital property". 15. Plaintiff and Defendant have been unable to agree as to an equitable division of said property to the date of the filing of this Complaint. WHBRBFORE, Plaintiff requests your Honorable Court to equitably divide all martial property. RBSPBCTFULLY SUBMITTBD, BY Jo n ace, Bsqu re STBF . GLACB 407 r h Front Street P.O, ox 12027 Harr sburg, PA 17108-2027 (717) 232-0511 1.0, .23933 " VICRIPICATIOII The undersigned hereby verifies that the facte averred in the foregoing Coaplaint are true and correct to the best of her knowledge, information and belief. This Verification is mads subject to the penalties of 18 pa 1...-' fajfiCatiOn ,/' to authorities. C.B.A. S 4904 relating to unsworn DATE I &/111.5'" , , (0).:n.- (~~ . \ \t"---' "f";::. '-"1"'\ "" 0.... "" -....J ~ --..j oN 'J " I" .... ~ '.......... -.t:.') '-< ~ ~ , - ~ :--.. ~ ~ ~IL. - '-"\ V, '-'l \ OJ, r.J '-', c ('......" ~\ ()', <- Ii -J :,., . , I'l 1_'\'- .,"., W - 'j') ~J I' "j I?\ ::a; ."','4 "'" ~~ . ~ KARBN D. BOYBR, I IN TIIB COURT OF COMMON PLBAS Plaintiff I CUMBBRLAND COUNTY, PBNNSYLVANIA I ~~\, vs. I No. 95-JOOO I ()~~ RICIIARD W. BOYER, I CIVIL ACTION - LAW Defendant I IN DIVORCE RlTURN or 81RVICI The undersigned hereby certifies that, on ths date below written, service of the COIIplaint in the above-captioned action was made upon Defendant below named, pursuant to the provisions of the penn.ylvania Rules of civil Procedures Rules 403 and 404 by mailing the .ams to the said Defendant, at the address set forth below, by oertified United States Mail, return reoeipt requested. Riohard W. Doyer c/o Robert Charles Filson 2270 Potts lIill Road Etters, PA 17319 The return receipt evidencing delivery of the C~l.int i. attached as Bxhibit "A". The undersigned further avers that she is a competent adult individual and that the averments of this certificate are true and correct to the best of her psrsonal knowledge, information, and belief. &/q/J.:;- DATI 0 SERVICE ( ( \". 't~ IE- ., " r. f - ,. ...., .... 1.'1, - - , ;; ~ , ,. t.: "" ,~ ...1.-. . .< u:t , KARIN D. BOYER, plaintiff I IN TUB COURT or COMMON PLBAS I CUMBIRI~D COUNTY, PINNSYLVANIA I I No. 95-3080 I I CIVIL ACTION - LAW I IN DIVORCB v.. RICHARD W. BOYER, Defendant arrlDAVllf or cOII..n &liD BIVIIR or COUII..LLIIIG 1. A COllplaint in Divorce under Section 301(c) of the Divorce Code wa. filed on June 7, 1995. 3. The ..rriage of plaintiff and Defendant i. irretrievably broken and ninety (90) day. have elap.ed frail tha date of filing of the COllplaint. 3. I con.ent to the entry of a final decree of divorce. . . I underetand that if a alaill for alilaony, alblony . pendente lite, equitable di.tribution of ..rital property or coun.el fee. or e.pen.e. ha. not been filed with the Court before the entry of a Pinal Oearee in Divorce, the right to clai. any of the. will be 10.t. 5. I heve been advieed of the availability of ..rriage counaeling, and undentand that I may reque.t that the Court require that my spouse and I participate in counaeling. I further underatand that the Court maintaina a li8t of marriage co~naelor. in the Prothonotary's Offioe, whioh li8t i8 available to .e upon reque8t. Being 80 advia.d, I do not requ..t that the Court require Dated. ';J1hl' I I .~ /\ /l l ,/ bv\-l. (1)), <f5) aren D. Boyer ~ .. that .y epouee and I participate in couneeling prior to a 'divoroe decree being handed down by the Court. I verify that the etatement. made in thie affidavit ere true and correct. I underetend that fal.e .tatemente herein are ..de .ubjeet to the penaltie. of 18 Pe. C.S. '4904 relating to uneworn faleifieation to authorities. . ... ~ (') II") { ~j\ n 'oj -r} .'f1 ,., , "1 I ., :Jl I ':':~ I" 'e ."n , 'i;H - "l'? .. ~1 , r., :g -, . cr, -. KARBN D. BOYBR, I IN THB COURT OF COMMON PLBAS Plaintiff I CUMBERLAND COUNTY, PBNNSYLVANIA I vs. I No. 95-3080 I RICHARD W. BOYER, I CIVIL ACTION - LAW Defendant I IN DIVORCE tfAIVIR or IOTICI or IITlITlOI TO ugUIIT IITRI or A OIVOlC. OIC... UlOIR ,3301(C) or TII DIVORCI COOl 1. I consent to the entry of a final decree of divorce without notice. 2. I underetand that I may lose rights concerning alimony, diviaion 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 ie filed with the prothonotary. I verify that the statements made in this affidavit are true and correct, I underetand that false statements herein ars made subject to the penalties of 18 Pa. C.S. 54904 relating to unsworn falsification to authorities. Date I /-2-1.-1'" ......' " - ........- ~.--.......- ,., t' " \ \ P I", WI ,-) ~ ' . '''1 ,\ " , "I '. J 'olrJ I ",,' ,., 11 ~6 :') .':- , "H -. 'l'J .' ~" :! r., J ()) ".1 .... .! ~ .. . ". .' ' l' .. . . I . t f . · STEPANON a GlACE . ,.' ATJl')RNBYS /tt.T LAW 407 NORTH !'flom 511unrr POST OPflCll80X 120:17 JiARRISbURO, PIlNN6YLVANIA 17108-3037 .. 'ORf8INAhr .'H.."; . ., r' ... . . , , . , , KAREN D. BOYER, plaintiff I IN THE COURT OF COMMON PLEAS I CUMBERLAND COUNTY, PENNSYLVANIA I I No. 95-3080 I I CIVIL ACTION - LAW I IN DIVORCE vs. RICHARD W. BOYER, Defendant AFFIDAVIT or COMI.MIf AIID MAIWR or COUIIIILLIMG 1. A Complaint in Divorce under Section 30l(c) of ths Divorce Code was filed on June 7, 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. ... I understand that if a claim for alimony, al1D1Ony pendente lite, equitable distribution of marital property or counsel fees or expenses has not boen filed with the Court before the entry of a Final Decree in Divorce, the right to claim any of them will be lost. 5. 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 counselinq. I further understand that the Court maintaine a liet of marriage counselors in the Prothonotary's Office, which list is available to me upon request. Being so advised, I do not request that the Court require , . that my IpOUle and I participate in counleling prior to a divorce decree being handed down by the Court. I verify that the Itatementl made in thil affidavit are true and correct. I understand that false statement I herein are made lubject to the penal tiel of 18 Pa. C.S. 54904 relating to unlworn fallification to authorities. Dated I Ij1~~ I f ~RI~W' 'oY.' . . , . ' , , (' I..I(J r:1 r 1,)' ..., , I \,i "'J : ,::J ); U' ,if I "1~ h~ .) ~' : t. , :"'J ." I.... , ... , ).~ ." I - ,-if. ~ ~. .. '..J (,) ~;J u. ." . . .. ..~. .; . ,~TBfM:1MTfl~CB It07 Jl/okm ~NT meET 1'O''f omcU BOX .acm tWUUIBUltO, PI!NNIYLVANlA 17l08.aoa7 r' ... . . . . .~.' , . . ItARIN D. BOYlR, I IN THE COURT or COMMON PLUS or PlaintiU I CUMBERLAND COUNTY, PENNSYLVANIA I va, I NO. 95 - 3080 I RICHARD W, BOYER, I CIVIL ACTION - LAW Defendant I DIVORCI WAIVER or NOTICI 01' INTINTION TO REQUIST INTRY or A DIVORCI DICRII UNOIR SICTION 3301(cl or THI DIVORCI CODI 1, I consent to the entry of a final decree of divorce without natice. 2. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if I do no claim them before a divorce is granted. 3. I understand that I will not be divarced until a divorce decree is entered by the Court and that a capy 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 ars true and carrect, I understand that false statement herein are made subject to the penalties of 16 Pa, C,S. Section 4904 relating to unsworn falsification to authorities. Datedl~ ~ W. Boyer Richard -- ~ , ("'\ I,.:') " r.; (.., n '-1 ;J ."-11 ':1 i' I '" I'J ,I - '~ I . j .11 ',:J :(' ,Ahl .. - ""'f-' , .. :7~ :'1 f..' '~'l -, (.11 ;.;.