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HomeMy WebLinkAbout95-03240 ~ ~ $ 0:. ~ 81 ~ ... 8 ~ . 8 8 8 8 $ 8 8 8 M " ~ 8 8 . ~_.,... , ... -" -...,. " " .. ~. " ~ - .. " .. " ., 'lIe' .- .-. .~'. .~, ._. ,~'. ,_, ..' .'~, ..' ... ..' '.. .. ... .. ' -'--- -..... _. - ... '. -......,...,.... .:<<. .>>:. .:~. .:.:. .:.;. .;.;. .:+:- .:<<. .:.:. .).. .~ .:.;. .:.:. .:.;. .:+:. .:+:. .:+:. .:t:, .:+;. .:+;. :. .:..~. ':..r' .:.;. .:.:. .:.:. .:.:. ...-.;. ':tC- ';4 . - .. ." .. . .. . .. .. ,.. ..... 8 8 $ 8 $ 8 8 8 8 8 8 8 8 8 8 iii I~ 8 8 8 8 8 8 8 8 8 0:. " , ~i .....'.. ........, ~.. ....... :1 81 IN 81 ;1 ~' 8 8 8 8 8 $ ,;, ~ THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY ~ STATE OF ~~~! PENNA. KENNETH G. EMIG, JR., 1'\ II. 3240 "c,~nL.,. 1l)95 I'la!ntiff \"'I',""S WANNA 8, EMIG, Defendant DECREE IN DIVORCE AND NOW, ' . . ,::r.7.tJ.Y .0\1'1 ,II ' . . . . . . . " 19"", it Is ordered and decreed that,......,.. K~~~l~th. G:, Emig,. :'r:.,..,..,.."........, plalnflff, and. , . , , , . . . . . , , . . . . . , ,\4a~I~~ II. Emig , , , . , , . . . , , " . '" , " defendant, are divorced from the bonds of matrimony. The court retains jurisdiction of the following claims which have been raised of record in this action for which a finol order has not vet been entered; Incorporating the terms of the Separation Agreement dated :'uue 19, 1995. ' , . . , , . , . . . . . , . . . . . . . . , ....,.,.. , ...,.,.... . IIv Th., ct;;i: A oL.I. ^".,.I :~... J , J' . ,'\,/v /I-..v .,.. ./, ........'" "<1.<'.,' r:. t]J~l't". ....~~'...r~ '~~~J n.'( ,F ..Jv'/.f~ (......hz . ;- 7;!:)IIHlllotnIY .~ '~ I.. ~ .:.; -:.:- .;.:- ';.;' ;t: :$:' .:.;. .:.; _:.;, ':.;. .:.:. .:.:. ~ 18 ~ (~ I. i~ I: 1"- 'W " ~ " ~ ., I'I/'f~ /'11' ft> &vi. (.1Yt' JIf~J/ ~J'!!J' ~ 71j?!u /ita:tJ/ $ ~r . . ' . ..j I. . emig ogl SEPARATION AQREEMENT THIS IS AN Agreement made thiB Il} Ii, day of jl-Wt , 1995, by and between Kenneth G. ~ Jr., of Mt. Holly springs, Cumberland County, Pennsylvania, (hereinafter referred to as Husband) and Wanna n. Emig, of Mt. I/olly Springs, Cumberland County, Pennsylvania, (hereinafter referred to as Wife), WHEREAS, Ilusband and Wife were married on September 27,1976, in Carlisle, Cumberland County, pennoylvania; and WI/EREAS, various differences have arisen between I/usband and Wife; and WHEREAS, the]arties have agreed to maintain separate and permanent domicileo an to live apart from each other; and WHEREAS, the parties desire to enter into an amicable oettlement to provide for all of the property rights of the parties and to diBpose of the rights and obligations of each to the other in respeot to aupport, maintenanoe, alimony, oounoel fees, equitable diotribution, and all other righto and ob1i.gations under the Divoroe Code of 1900, as amended, and it is the intention and agreement of the parties that this Agreement be a full, complete and final uettlement of all of thoee rights and obligations under said Divoroe Code; and NOW, TIlEREFORE, for and in exchange of mutual considerations, and intending to be bound by the provisions hereof, the parties agree that their reoitals form a part of thio Agreement and waive any right to counoeling under the Divorce Code of 1900, ae amended, and right to counsel fees, costs, alimony, support, maintenance, and any other rights under the said Divorce Code not provided for herein and agree as followal 1. SEPARATION. The partieo agree that it shall be lawful for each party, at all times hereafter, to live eeparate and apart from the othsr, at such place or plaoes as he or she may, from time to time, ohoooe or deem fit. Each party ohall be free from interferenoe, authority or contact by the other, as fully aa if he or she were single and unmarried, eKcept as may be necessary to carry out the provisions of this Agreemont and as may be necessary to exohange information that pertaina to the partiee' minor children. Neither party shall moleet tho other or attempt to ondeavor to molest the other, nor compel the other to cohabit with the other, or in any way harass or malign tho other, nor in any way interfere with the peaoeful oxiatence, separate and apart, from t:,e other. . 2. REAL ESTATE. Huoband and Wife jointly own the marital residence locatsd at One Westwood Drive, Mt. Holly springs, Cumberland County, Pennsylvania. The marital reoldence presently has outstanding mortgages in favor of PNC Bank and York Federal Savings & Loan. Wife shall dsed any righte, title an interest she has in the marital residence to Husband. Huoband ohall assume and be eolely responoible for the aforesaid mortgages encumbering the property. Husband shall be solely responsible for all mortgage payments, liabilities, taxes, assessments, inourance and the cost of maintenance on the marital residence. Husband shall indemnify and hold Wife harmless from any liability, claims, causes of action, suits, or litigation for money owed, damages, indirect or conoequential, including legal feeo, arising out of failure of Husband to so pay such liens and encumbrances. 3. AUTOMOBILES. Wife ohall have as her sole and excluoive property, title to and possession of the 1994 GEO Priem. Husband shall have as his sole and excluoive property, title to and possesoion of the 1994 Ford Explorer, Each party shall indemnify and hold the other harmless from any liability on any loan encumbering the vehicle, cost of repairo, maintenance, registration, insurance and/or inspection of the vehicle which each is taking ao his/her sole and exclusive property. 4. PERSONAL PROPERTY. The partieo have divided or have agreed to a division of their personal property which includes bank accounts, certificateo of deposit, life insurance policies, jewelry, clothing, furniture and other personal itemo. Huoband shall receive ao hio sole and separate property, in addition to the itemo oet forth above, the Duke Power stock. After the aforeoaid division of the personal property is complete, any and all property in the possession of Husband shall be his sole and separate property. Any and all property in the poooession of Wife ohall be her eole and separate property. Each party forever renounces whatever claimo he/she may have with respsct to the property which the other is taking. Each party understands that he/she has no right or claim to any property acquired by the other after the oigning of this Agreement. 5. PENSION/RETIREMENT PLANS. Wife hereby releases any and all claims or demando she may have on Hueband's pension or retirement plans. 6, DEBTS. Husband agrees to assume and to pay and be solely responsible for the AT&T VISA Account No. 4784 5500 0294 9715 and GM MasterCard Account No. 5407 6902 6036 6075 in sxistence at the time of the signing of this Agreement, Wife agrees to aseume and to pay and be solely responolble for any and all charge accounts and , other debts and obligations in exiotence at the time of the signing of this Agreement in her name alone. Neither party shall contract nor incur any debt or liability for which the other or his/her property or estate might be reoponsible and agrees to indemnify the other from any claimo made againot the other becauee of debt%bligationo not incurred by the other. 7 . ALIMONY. ALIMONY PENDENTE LITE. SUPPORT OF SPOUSE. The parties waive any and all right to receive from the other any payment of alimony, alimony pendente lite, and/or spoueal support. 8. CHILD CUSTODY. The partiee stipulate and agree that the parties' minor children, Melissa K. Emig, born March 15, 1980, and Michelle M. Emig, born September 19, 1983, ahall be in the primary physical custody of Husband. Wife shall have partial custody rights as the parties may agree. Legal custody of the minor children shall be shared by the parties. The partieo further stipulate and agree that a Cuetody Stipulation and Agreement shall be executed oimultaneously with the execution of this Agreement which shall call for the entry of a Court Order confirming the agreement of the parties regarding custody, 9. EFFECTIVE DATE. The effective date of this Agreement ohall be the date of execution by the partieo if they had each executed the Agreement on the same date. Otherwise, the execution date of this Agreement shall be defined as the date of execution by the party last executing this Agreement. 10. DIVORCE. The partieo agree that should either party file a Complaint in Divorce, claiming that the marriage io irretrievably broken under the no-fault mutual coneent provision of section 330l(c) of the Pennsylvania Divorce Code, then both parties agree to execute any and all affidavits or other documents neceasary for the parties to obtain an absolute divorce purouant to Section 330l(c) of the Divorce Code including waiver of all rights to requeot Court ordered counoeling. It io agreod and understood between the partieo that in the event a divorce proceeding is filed by either party in any other jurisdiction, that the partin shall not contest, but instead consent to ouch proceedingo and shall execute any and all documento neceooary so as to proceed with and obtain an absolute and final divorce. 11. INCORPORATION INTO DECREE. Should a decree, judgment or order of separation or divorce be obtained by either of the parties in this or any other otate, country, or jurisdiction, each of the parties hereby ccnsents and agrees that this Agrsement and all of its covenants shall not be affected in any way by any ouch ssparation or divorcel and that nothing in any ouch decree, judgment, order or further modification and reviaion thereof ahall alter, amend or vary any term of this Agreement, whether or not either or both of the partiea ahall remarry, it being underatood by and between the partee hereto that thie Agreement ahall eurvive and shall not be merged into any decree, judgment, or order of divorce or separation. It ie apecifically agreed, however, that a copy of this Agreement or the aubatance of the proviaiona thereof, may be incorforated by reference into any divorce, judgment or ite decree. Thie ncorporation, however, shall not be regarded aa a merger, it being the apecific intent of the partiee to rermit this Agreement to survive anr judgment and to be forever b nding and concluaive upon the part es. 12. MUTUAL RELEASE. Husband and Wife do hereby mutually remiae, releaoe, quit claim or forever discharge the other and the estate of ouch other, for all time to come, and for all purpooes whatsoever, from any and all righte, title and intereat, or claima in or againat the estate of such other, of whatever nature and wherever eituate, which he or ahe now has or at anytime hereafter may have against ouch othor, the estate of ouch other or any part thereof, whether arioing out of any former acts, contracts, engagements or liabilities of ouch other or by way of dower or curtesy of claima in the nature of dower or curteay, or widow's or widower's rights, family exemption or eimilar allowance or under ths intestate lawal or the right to take againat the spouse'a willI or the right to treat a lifetime conveyance by the other aa testamentary or all or other righto of the aurv ving apouse to participate in a deceaaed apouee's eatate, whethor arising under the laws of Pennsylvania, any otate, commonwealth or territory of the United States, or any other country or any right which either party may now havft or at anytime hereafter have for past, preoent or future aupport or maintenance, alimony, alimony pendente lite, counsel feeo, coste or expenoes, whether ariaing aa a result of the marital relation or otherwiae, eKcept and only except all righta and agreements and obligetiona of whatooever nature arising or which may arise under thia Agreement or for the breach of any proviaion thereof. It 1 s the intention of Husband and Wife to give to each other by the execution of this Agreement a full, complete and general releaee with respect to any and all property of any kind or nature, real, personal or mixed, which the other now owns or may hereafter acquire, except and only except all rights and agreements and obligations of whatsoever nature arising or which may ariBe under this Agreement or for the breach of any provioion thereof. 13. COUNSEL FBBS. Each party individually covenanto and agrees that he or she will individually asoume the full and oole reoponsibility for legal expenseo for his or her attorney, if any, and court costs in connection with any divorce action which may be brought by either party and shall make no claim against the other for ouch costs or fees. 14. ADDITIONAL INSTRUMENTS. Each of the parties shall, from time to time, at the request of the other, execute, acknowledge and deliver to the other party any and all further instruments or documente that may be reaoonably required to give full force and effect to the provisions of thio Agreement. 15. MODIFICATION OR WAIVER. A modification or waiver of any of the provisions of thie Agreement shall be effective only if made in writing and executed with the same formality ae thio Agreement. The failure of either party to insist upon the otrict performance of any of the provisions of this Agreement shall not be conotrued as a waiver of any subsequent default of the same or similar nature. 16. ENTIRE AGREEMENT. This Agreement contains the entire underotanding of the partiee and there are no repreoentations, warranties, covenants or undertakings other than those expresoly oet forth herein. 17. SEPARATE PARAGRAPHS. It is epecifically understood and agreed by and bstwesn the parties thereto that each paragraph hereof shall be deemed to be a separate and independent agreement. lB. BREACH. If either party breaches any provision of this Agreement, the other party ehall have the right, at his or her election, to oue for damages for ouch breach or seek such other remedies or relief as may be available to him or her and the party breaching thio Agreement shall be responsible for payment of legal fees and coete incurred by the other in enforcing the rights under this Agreement, or in eeeking ouch other remediee or relief as may be available to him or her, 19. CONTROLLING LAW. Thio Agreement shall be construed under the laws of the Commonwealth of pennoylvania. 20. INVALIDITY OF PROVISIONS. If any term, condition, clause or provieion of this Agreement shall be determined or declared to be void or invalid in law or otherwiee, then only that term, condition, clause or provision shall be stricken from this Agreement, and, in all other respects, this Agreement ohall be valid and continue in full force, effect and operation, Nolarlal Seal Karen F. Oyer., Notary Public Carll.'e Boro. Cumberland County My Comml..lon E,plre. March 1 B. 109P COMMONWEALTH OF PENNSYLVANIA I I ss COUNTY OF CUMBERLAND I .-- On thie, the /'l't" day of JIJ"fJ. , 1995, before me, the undersigned of~ personally appeared Wanna B. Emig, known to me (or satisfactorily proven) to be the person whoae name is subecribed to the within instrument, and acknowledged that ohe executed ths eame for the purpoee therein contained. IN WITNESS WHEREOF, I have hereunto Bet my hand and notarial eeal. ~/IJ J :6ye1f~__ N tary Public ,. , " . , '. '. '.;.,.':..':.. . " .,,~(..,: '. ;' . ,-, '. ~. ,.:..."- ---lil>':;: ., '.'c, ,":": -';'i',." .' . . ;...)," .. ":" '~ ~ii ,!~ . ; --';;';i~!',-. ~ . _ ' _.-. ,.' -,. '.- ~-; "'. Atl-.-c~'t. ...:.; , ' ~ ,J?; -' -i, J'lI! ,'; '-::~;i . ' ", :.- -. . -. - -. . g.' .;' ':":';. ',;';', ,;; .'-,;' '-'-i,~; -, . _ .. ": ::'~;; '>" .-. ,,-: ~\' ' . ".' -! "",' . <,: -' .... ...'.., < " - ,I':;; . ..-'. - ,\-:' ',-. '5 _ l."j;' -, --~--_ h'. . iB& ~j} I.J\ ';;-;;-;; ::~; . ,. -. - h:~ .,ii. \ '.- ;:'. . t'1-~ij '. I 'J':: ,-". , -c":;:-. c' c~... f~ tn ,~'\ {~ . " .' :' ~. J "tl "1 ~. ""Co - :: - - '.- ,- ~''':_~. - ;':.. . . l'<lr-) t.~ ~.~~' .".:., ., ~ 'f,,", ' =< CJ1 ' ' _ "i_~:'~, >__ _ ';.';;;;j;: ....., '~- '::t::J,' . ...'. ''-':' :,. . ': :,:..': ' . -,'., - ''< . ...... .,..>'..; , :. "C:, :i:, 'i-:_ '., . ' " "'.. : '; " .h '--:-~~d ,_,,_;~J~::-. }f :-'__i.e' . ., J:-,':...,f, -. ,: ,...;;q: ..'....,.. ......' r. - -. . . _,_ .', "'" '. -. ,,_ 2-'.,::' -. . , __ ~::,;:!" ~f~~~ _,"i", . ..... . ," . . .' ',; '.. .:.'.. :: i<,: ......, . . . ,... ; '...,::';., -: ' '.', .. n .,., ,,.1 lil':T} '01.!J 'I' 'jO .., ") cj'"" ;: I:f !:-i :l; ... Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENN8YLVANIA : : 95-3240 CIVIL TERM : : CIVIL ACTION - LAW : KENNETH E. EMIG, JR., Plaintiff v WANNA B. EMIG, PRAECIPE TO TRANSMIT RECORD TO THE PROTHONOTARY I Transmit the record, together with the following information, to the Court for entry of a divorce decree: 1. Ground for Divorcel Irretrievable breakdown under Section (X)3301(c) ()3301(d)(I) of the Divorce Code. (Check applicable section. ) 2. Date and manner of service of the Complaint I June 16, 1995/ by personal delivery. 3. (Complete either paragraph (a) or (b). (a) Date of execution of the affidavit of consent required by Section 3301(c) of the Divorce Codel By Plaintiff I September 29, 1995/ by Defendant: December 27, 1995. (b) (1) Date of execution of the Plaintiff's affidavit required by Section 3301(d) of the Divorce Codel (2) Date of eervice of the Plaintiff's affidavit upon the Defendant: / 4. Related claims pending I Subject to Separation Agreement dated June 19, 1995, incorporated into Divorce decree. . 5. Date and manner of servioe of the Notioe of Intention to File Praeoipe to Transmit Reoord, a oopY of whioh is attached, if the deoree is to be entered under Seotion 3301(d)(l)(i) of the Divoroe Codel N/A / / v' / //7 , ,/\, . Houoton, Esqu re for Plaintiff Broujoo, Gilroy & Houston, P.C. 4 North Hanover Street Carlisle, PA 17013 717 - 243-4574 '. ~~ lr. !,tl ;;.r;~ 1itI"~ itJ ,9 ~ &, ~ ;;.4 t t.n ~ tf! U1 I). o ." .J :"tfJ -WJ ;; ..L.. "i\A~' l'j"' ~\h f::,.. ~ II ~ n -'I c.. ;-J 3.. illi ;C I II ~(j U1 (_. -n :.;:J ":8 :x i~C'{ P;f' ~) {'jn ...,;; ;.1 :!j (II ~ -. C'\ KENNETH G. EMIG, JR. , , IN TilE COURT OF COMMON PLEAS OF Plaintiff t CUMBERLAND COUNTY, PENNSYLVANIA , v I CIVIL DIVISION - LAW I 95- .;2'-10 WANNA B. EMIG, I CIVIL TERM Defendant I I IN DIVOIlCE NOTICE TO DEFEND AND CLAIM RIGHTS You have been sued in Court. If you wioh to defend against the claims set forth in the followLlg pages, you must take prompt action. You are warned that if you fail to do so, the case may proceed without you and a decree of divorce or annulment may be entered against you by the Court. A judgment may also be entered against you for any other claim or rel[ef requested in theoe papers by the Plaintiff. You may loee money or property or other rights important to you, including custody or visitation of your children. When the grounds for divorce is indignitiee or irretrievable breakdown of the marriage, you may requeet marriage counseling. A list of marriage counselors io available in the prothonotarr I s Office at the Cumberland County Courthouse, Carliole, Penn sylvan a. IF YOU DO NOT FILl A CLAIM FOR ALIMONY, DIVIIION OF PROPIRTY, LAWYER'I Fill OR IXPINIII, BIFORI A DIVORCE OR ANNULMENT II ORANTID, YOU MAY LOll THI RIOHT TO CLAIM ANY OF THIM. YOU IHOULD TAKI THII PAPIR TO YOUR LAWYER AT ONCI. IF YOU DO NOT HAVI A LAKYER OR CANNOT AfFORD ONE, 00 TO OR TILIPHONI TII orrICE liT rORTH BILOK TO rIND OUT WHIRE YOU CAN OIT LIGAL HILP. COUIlT ADMINISTRATOIl CUMBEIlLAND COUNTY COUIlTHOUSE CAIlLISLE, PENNSYLVANIA 17013 TBLBPHONEI 717 - 240-6200 tmlg,dlv KENNETH G. EMIG, JR., . IN THE COURT OF COMMON PLEAS OF Plaintiff . CUMBERLAND COUNTY, PENNSYLVANIA . v . CIVIL DIVISION - LAW . WANNA B. EMIG, . 95- CIVIL TERM Defendant . . IN DIVORCE COHPLAINT Plaintiff, Kenneth G. Emig, Jr., by and through his attorneys, Broujos, Gilroy & Houston, P.C., sets forth the following. 1 Plaintiff, Kenneth G. Emig, Jr., is an adult individual residing at One Westwood Drive, Mt. Holly Springs, Cumberland County, Pennsylvania. 2 Defendant, Wanna B. Emig, is an adult individual residing at One Westwood Drive, Mt. Holly Springs, Cumberland County, Pennsylvania. 3 The partiea were married on September 27, 1976, in Carlisle, Cumberland County, Pennsylvania. 4 Plaintiff and Defendant have lived continuously in the Commonwealth of Pennoylvania for at least eix months prior to the commenoement of this action. 5 This action is not collusive. 6 There have been no prior aotions for divoroe or annulment in thie or any other jurisdiction within the knowledge of the Plaintiff. 7 In accordance with Section 3301(c) of the Divorce Code, the marriage between the partieo is irretrievably broken. B Plaintiff has been advised that counseling is available and that Plaintiff may have the right to request that the Court require the partieo to participate in counoeling. WHEREFORE, the Plaintiff requests your Honorable Court to decree that the Plaintiff be divorced from the Defendant. BROUJOS.'/GJ.R / zhr; " By (.. . C C r stopher C. Ho ston, Attorney for Plaintiff 4 North Hanover Street Carlisle, PA 17013 717 - 243-4574 p.e. EsqU re I verify that the statements in the foregoing pleading are true and oorreot. I underetand that falee statementa herein are made eubjeot to the penalties of 18 PaCS 4904 relating to unsworn falsifioation to authorities. ~~ " ;- .. ;Y! .~, ~\t- ~ .;~ - j - - .1'.:\, tTI - G- ,... ~ ~ l1'\C;:> ~ <.'11. " ~ ~ l)- oa ~ ~.... . ..... . c c. d ., ~ ~ ~ 'f1 I' _, T" ., c:.C' E ~, "1" ~ . ~ 't ' .~~ - f .( \j\ " ~ 'rl ~ ..~ ~ f ~.s ~1_iA r uc,' . (., . f~ ~ ~J " .s ~ (" '--' . , . . KENNETH G. EMIG, JR., Plaintiff I IN THE COURT OF COMMON PLEAS OF I CUMBERLAND COUNTY, PENNSYLVANIA I I 95-3240 CIVIL TERM I I I IN DIVORCE v WANNA B. EMIG, Defendant AFFIDAVIT OF SERVICE I, Christopher C. Houoton, Esquire, being duly sworn according to law do depose and state that a copy of the Complaint filed in the above-captioned matter along a copy of a Notice to Plead and a Notice of Availability of Marriage counseling was served on the Defendant, Wanna B. Emig, by personal oervice, a copy of eaid Said return receipt evidencing delivery being attached hereto. /" / eervice on June 16, 1995. C r stoph C. Houston, Esqu re Attorney for Plaintiff Broujoo, Gilroy' "oueton, P.C. 4 North Hanover Street Carliele, PA 17013 717 - 243-4574 Sworn and subscribed to .J /, before me this ~ day of JA'1\J.O";r , 1996. ~~a'!pu&"~ ,.~I.Ulal Soal , lfC'l r Oyers. Nolarv Public <i('t Uoro, Cwnbutlimd C:uunlV . ';!Ion E).pilIlS Mindl In 1000 ~ KENNBTH a. BMla, JR., I IN THB COURT OF COMMON PLEAS OF plaintiff I CUMBERLAND COUNTY, PENNSYLVANIA I v I CIVIL DIVISION - LAW I WANNA B. EMla, I 95- '} ~ '({l CIVIL TERM Defendant I I IN DIVORCE ACCEPTANCE OF SERVICE I accept Bervice of the Complaint in Divorce. (~J/G /1' J- Date , I LJ ___ /3 f.--j,"11 ' Wanna B. Emig - One WeBtwood Drive Mt. Holly SpringB, PA 17065 , . ' ml u, ~~ m ,- ::,J '~t: "~~ .- Hi) , -'j J'h~ ,r.- ,'l \~ltl 'I, " . ," ~\~ i7' ... :j: IF"(-") l-t W ;i7\U " " tn ~. ~ :J.} c:l .... . , , .' KENNETH G. EMIG, JR., I IN THE COURT OF COMMON PLEAS OF Plaintiff I CUMBERLAND COUNTY, PENNSYLVANIA I v I CIVIL DIVISION - LAW I WANNA B. EMIG, I NO. 95-3240 CIVIL TERM Defendant , , IN DIVORCE AFFIDAVIT OF CONSENT 1. A comflaint in Divorce under Section 3301(c) of the Divorce Code was f led on June 16, 1995. 2. The marriage of Plaintiff and Defendant is irretrievably broken and 90 days have elapsed from the date of filing the Complaint. 3. I consent to the entry of a final decree in divorce. 4. I understand that if a claim for alimony, alimony pendente lite, marital property or counsel fees or expenses has not been 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 understand that I may request marriage counseling and I hereby waive any right to marriage counseling which is afforded me under the law. DATE' I verify that the otatements made in this affidavit are true and correct. I understand that false statements herein are made eubject to the penaltiec of Ie Pa.C.S. Section 4904 relating to unsworn falsification to authoriti~. }J;111~ /I f?I<-(j It KENNETH G. EMIG, JR. / ;J.q 5aft:t /195 . . 'x'":' ,........ . '. " ...... ." < ~?'i~"',::~~~:;,k . ~~i~ :f:\: ; '~'" 'ie"" , . c". ,. . L ':~~i~\I~,~ '. <:. ' L ,. '.' ,4 }".," .:.' ~C:~ . .'. "'. . ~'.'; :~:~i~t!~ ~~g~~ ;~!~i;, . . ." CC. , .. . " ..' .t". ,; ;;;. ;~. · ;';~,. .. {.ic " :t~:; '~:f '~ .~, ';{:;."'" -. '". '. . ,;. . " . ;;;. '..... .... . · ",;,-Ji. .. c;'; .', ~:: . ....... ..... ,... . " " '. ~ <'..~; , , .:; , n'f f' '; i;;:;ic;~ I.R .. 5 ." '" '{, " "C',i,..,.. T'j., ,'u., "~""';;"". .: :;:'" ... l,'- !lIZ , ""iff' d '; ';i,\';~ ' " 1'4;.. ,,:,,. -1', ~ ".J '~~~i~,:L".~ ." !:.::J !",-'oJ " ,I. "0" . ~ ~:, .... ',', ~\1j~ .,', = .. . , ., " ,., ,;~,~! ":Jit~. ~ . . ";7 " 7' :'; , .,' " '. ;:~~ ';':;;"~'L ,;.. , ' 'p;,: w.' '. ;;';::'t'i: ", '.,j',:r; .' ;; i' I'!lif~~~~~ itu 'g;i " i~;; '. ' t.- ;'''',0' -'~::f;~~~~ '.. , "i,,, ,; '; , . ,.., :;1'; ; 'N,. ' ~ '", .' ," - , ~;l;~ "'< " ,""~\ " , ":"'." . '...... ".' .,.'........ , "", . " KENNBTH G. EMIG, JR., , IN THB COURT OF COMMON PLEAS OF Plaintiff , CUMBERLAND COUNTY, PENNSYLVANIA , v , CIVIL DIVISION - LAW , WANNA B. EMIG, , NO. 95-3240 CIVIL TERM Defendant , , IN DIVORCE ~FIDAV!T OF CONSENT 1. A comrlaint in Divorce under Section 3301(c) of the Divorce Code was f led on June 16, 1995. 2. The marriage of Plaintiff and Defendant io irretrievably broken and 90 days have elapsed from the date of filing the Complaint. 3. I consent to the entry of a final decree in divorce. 4. I understand that if a claim for alimony, alimony pendente lite, marital property or counsel feeo or expenoes has not been filsd with the Court before the entry of a final decree in divorce, the right to claim any of them will be lost. 5. I understand that I may request marriage counseling and I hereby waive any right to marriage counseling which is afforded me under the law. I verify that the statements made in this affidavit are true and correct. I understand that false statements herein are made eubject to the penalties of 18 Pa.C.S. Section 4904 relating to unsworn falsification to autho.itiea. DATE' :)'/ Ul.t' '/5' t./annn f3, ~'f?- WANNA B. EMI ,- '.' , ,~ ;,~~:" ;~;~~.,~ ' 'h",~?::~tij" !.;, '" ,", , ';0', < """",' ,. ,;;~,; ,; 1c,.; , ." :~i" ,'!' ' ;;': " "'~l'':;'" ',.\ .' " "i::;:C'~"g:'.", F",~" '. ,; .' ':,(' , "", .",;, !'" "," .C.: ;;~:. ;, "" " ~~:~~t~ ;,j" &;',Ac < ,,!C~ 2, 'j;'; ~;ri~ ':i ,i ' '~i' :"" .,;C'., ':Yle; ......'.... 2.~~:':: ..... . . ". .. ... ' - ;:::~ ' "'.' ',; , , . , ' ;", '. ',' ;, ,C , ',', ',' ,. ,~;' . ''', , ;. . :~;t!jr ;"'".,. ," '~""~ " , ~ h~ q ;, " "" , ,'. " ", ,., J ~!,,;' . ..... , ~', <II 1 " " ,. , ,. ',;.j ",,:" ,. .:,.:; .,' . ~,~ d ' . : :~,;; e(, ." . " '. - "t. '. .;. ';'" .,::Cl" '.' , ' . '';'''1 1!~ ;:: r . "~""" .F": ii;t,'" , ~ g e ; ',,' '.' i,~'Y...; c';' ... " . ", ,", '<':i~,.c . . ' ,:'~ ", ;c"i . .... .... ',. '. c. "'..\ ..., :';>> <.'. .,.. ..' . . . .' . . ' ,e, , " ,'!' , ' . '. , . . "".: ..... .. :"i:;" ,-:::;~ , '''i:".,,; . .' '. '. '.':. .,... n , . . " .~' .'. :n.:"':. .:, .... .' ' '.':"; J " "'7", '" _ '" ""~;'b:;'; };:'. ,C>':"~~~f~ :. . \".", ~" '0';:.;." .::~.. .' '. . ..., .... 'l' . " :.-' .'..:.. . , ~ t5 ~~ ~ .~.. . .4 t ' J ~.. ~ .. . BAOU.JOB, all_AOY Be HOUSTON, p,c. ATTOANlEye AT LAw 4 NO"TH HANOVER eTRCET CARLotaLIE. f8..NNaVL.VANIA .70.a 11'171 141-41'4 .,e.."lo .' . JUN 2219~ . ,. , , I t . ~~~. -' Defendant , IN THE COURT OF COMMON PLBAS OF , CUMBERLAND COUNTY, PBNNSYLVANIA , , CIVIL ACTION - LAW , , 95-3240 CIVIL TERM , , IN DIVORCE KBNNETH G. EMIG, JR., Plaintiff v WANNA B. BMIG, ORDER OF COURT AND NOW, this 21" day of tu.... , 1995, upon a stipulation and Agreement for Cuotody, it is hereby ordered and direoted as followel A. The parties shall have shared legal cuotody of the minor ohildren. B. The Plaintiff shall have primary physical custody of the minor children. C. The Defendant shall have partial custody rights of the ohildren at such times ao the parties may agree. By the Court, 4/1.. J. tt, \"'", '" I'/v., ';eo, , Lid". . , '-- $6, ur Sf e (Il Hnr .J EMIQ,BTPItl.U.Q& KENNETH G. EMIG, JR., Plaintiff Defendant I IN THE COURT OF COMMON PLEAS OF I CUMBERLAND COUNTY, PENNSYLVANIA I I CIVIL ACTION - LAW I I 95-3240 CIVIL TERM I I IN DIVORCE v WANNA B. EHIG, STIPULATION AND AGREEMENT IN CUSTODY AND NOW, comeo the Plaintiff, Kenneth G. Emig, Jr., by and through his attorney, Christopher c. Houston, Esquire, and the Defendant, Wanna B. Emig, who stipulate and agree as followsl 1 Plaintiff and Defendant are the parents of Meliasa K. Emig, date of birth March 15, 1980, and Michelle M. Emig, date of birth September 19, 1983. 2 The parties desire to enter into a Stipulation and Agreement pertaining to the custody of the aforeeaid minor children and do further stipulate and agree that the termo and provisions of this stipulation and Agreement shall be entered as an Order of Court, with the terms thereof being ao folloWSI A. The parties shall have ohared logal custody of the minor children. B. The Plaintiff shall have primary physical custody of the minor children. '" '~~ It. II Il..l "'~ r: o ~ 0\ . D () -8.. j Q i~.t' f ~! I'" 'j. ~. I~: t ," , e- N - - - . " , .~ :'" & IX> ~ '. :., - La LM ! 1, ~ ~ (~