Loading...
HomeMy WebLinkAbout95-03689 .\,J ~ ~ . -7 oJ .- ~ s ~ ~ J g; ~ ('f) I to 0- . o Z IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY STATE OF .. PENNA. PATRICIA A. MASSIE. ........................... . ............Niiiiiffff.......... VerslIs N I). ........3.~~?........ ................. 1995 Defeiidant DECREE IN DIVORCE ~D.......- 1..1. 9 96' d d AND NOW. ...~............... 1 ....... It is or ere and decreed that....... ..\~~~~~~~ .~: .~~~~:~....................... plaintiff. and... .. .. ........ .. . ?~~~~~.~:. ~~.S.S.l)l... ., . ... . . .... ...... '" 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 final order has not yet been entered; IA...Q~ .T~~.~~~~.pf.~p~.~~:~~~J.~~~~~~~~~~~.~~~~~~~~~.~~~~~~~.~~~.~~:~f~~.~~~~~. .f~pr~?ry.J7,.J99p. ~~~~~P~AA~~~~q.~~~.~~~q,p.q~a~~~r~f9:............... fl/, / . / ' . ny' T\h e ~u r .................. ...... ...... "C,M'" ...... ...... Allell: oJ. J \J .~~ ('" >J -"'!.. ..u....~ "J: ~,U""""...~. "I _~~ /--'ft?yot'f~4'? ... .~n.l.... ...~... ~..*Ih~~ot.ry. 8 8 8 @ ~ ~ 8. 8 8 8 ~ ~ , ~ ~ . . ., . ~ 8 " ~ ~ ~ ~ g ~ , 8 ~ .' ~ 8 ~ ~ ,;, " * s 8 ---~~ ~ ~--~-~---------------- * ';:..,:. ,W4< {]wi "'1'l1';'.J/~ 4 ~/tf O)'.:J'Jrt: 7ib-:td i1P''a/ k~. .. ,\ . MARITAL DISSOLUTION AGRBRMBNT TillS AGREEMENT, made this 1J,'th day of j..L Jp!.(,{a~ ,1996, by and between PATRICIA A. MASSIE, of Camp Hill, Cumberland County, Pennsylvania, hereinafter referred to as "WIFE", and DENNIS A. MASSIE of Mechanicsburg, Cumberland County, Pennsylvania, herein- r) ,~.. --I I . ~ \.~ I . , I after referred to as "HUSBAND", .,;'1 , WITNESSETH: "' ',". --, 1 ...... .L} I :..,\(~ ~. : t '. :.~ '.j~J lic1ving'..be~qlTl '. 1",) ,..; -:: Cl :.: WHEREAS, the parties hereto are Husband and Wife, married June 22, 1985; and WHEREAS, certain differences have arisen between the parties as a result of which they have separated and now live separate and apart from one another, and are desirous of settling fully and finally the respective financial and property rights and obligation as between each other, including, without limitation by specifica- tion: The settling of all matters between them relating to the ownership of real and personal property, the equitable distribution of real and personal property; and in general, the settling of all matters between them relating to any and all claims and possible claims by one against the other or against their respective estates. NOW, THEREFORE, in consideration of the above recitals and the following covenants and promises mutually made and mutually to be kept, the parties heretofore, intending to be legally bound and to ~ ~ . . legally bind their heirs, successors and assigns thereby, covenant, promise and agree as follows: 1. AGREEMENT NOT A BAR TO DIVORCE PROCEEDINGS: This Agree- ment shall not be considered to affect or bar the right of Husband or Wife to a limited or absolute 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 not shall be deemed to be a condonation on the part of either party hereto of any act or acts on the part of the other party which have occasioned the disputes or unhappy differences which have occurred prior to or which may occur subsequent to the date hereof. 2. EFFEc'r OF DIVORCE DECREE: The parties agree that, unless otherwise specifically provided herein, this Agreement shall continue in full force and effect after such time as a final decree in divorce may be entered with respect to the parties. It is the intent of the parties hereto that this Agreement shall create contractual rights and obligations entirely independent of any Court Order and that this Agreement may be enforced by contract remedies in addition to any other remedies which may be available pursuant to the terms of this Agreement or otherwise under law or equity. 3. AGREEMENT TO BE INCORPORATED IN DIVORCE DECREE: The parties agree that the terms of this Agreement shall be incorpor- ated, but not merged, into any divorce decree which may be entered --. . 2 3 . . with respect to them. The parties further agree that the Court of Common Pleas which may enter such divorce decree shall retain continuing jurisdiction over the parties and the subject matter of the Agreement for the purpose of enforcement of any of the provisions thereof. 4. DATE OF EXECUTION: The date of execution" or "execution date" of this Agreement shall be defined as the date upon whicp it is executed by the parties if they have each executed this Agree- ment on the same date. Otherwise, the "date of execution" or "execution date" of this Agreement shall be defined as the date of execution by the party last executing this Agreement. 5. ADVICE OF COUNSEL: The provisions of this Agreement and its legal effect have been fully explained to the Wife by her attorney, L. Rex Bickley, Esquire. Husband has chosen not to obtain legal counsel although he has been advised that he may do so and acknowledges that he is free to do so. The provisions of this Agreement and their legal effect have also been fully explained to Husband. The parties acknowledge that they fully understand the facts and have been fully informed as to their legal rights and obligations, and they acknowledge and accept that this Agreement is, in the circumstances, fair and equitable and that is being entered into freely and voluntarily, after having received such advice and with such knowledge and that execution of this Agreement is not the result of any duress or undue influence and that it is not the result of any collusion or improper or illegal agreement or agreements. The parties further acknowledge that they have each made to the other a full accounting of their respective assets, estate, liabilities, and sources of income and that they waive any specific enumeration thereof for the purpose of this Agreement. Each party agrees that he or she shall not at any future time raise as a defense or otherwise the lack of such disclosure in any legal proceeding involving this Agreement with the exceptio~ of disclosure that may have been fraudulently withheld. 6. PERSONAL RIGHTS: Wife and Husband, at all times hereafter, may and shall live separate and apart. They shall be free from any control, restraint, interference or authority, direct or indirect, by the other in all respects as fully as if they were unmarried. They may reside at such place or places as they may select. Each may, for his or her separate use or benefit, conduct, carry on and engage in any business, occupation, profession or employment which to him or her may seem advisable. Wife and husband shall not molest, harass, disturb or malign each other or the respective families of each other or compel or attempt to compel the other to cohabit or dwell, by any means or n any manner whatsoever, with him or her. 7. s.l1BSEOUENT RECONCILIATION: The parties agree that the terms of this Agreement shall not be affected by their subsequent co-habitation or resumption of marital relations, unless the parties otherwise specifically agree in writing. S. MUTUAL RELEASES: Husband or Wife each do hereby mutually 4 remise, release, quit-claim and forever discharge the other and the estate of such other, for all time to come, and for all purposes whatsoever, of and from any and all rights, title and interes~, or claims in or against the property (including income and gain from property hereafter accruing) of the other or against the estate of such other, of whatever nature and wheresoever situated, which he or she now has or at any time hereafter may have against the ot~er, the estate of such other or any part thereof, whether arising out of any former acts, contracts, engagements or liabilities as such other or by way of dower or courtesy, or claims in the nature of dower or courtesy or widow's or widower's rights, family exemption or similar allowance, or under the intestate laws, or the right to take against the spouse's will; or the right to treat a lifetime conveyance by the other as a testamentary, or all other rights of a surviving spouse to participate in a deceased spouse's estate, whether arising under the laws of (a) Pennsylvania, (b) any State, Commonwealth or territory of the United States, or (c) any country or any rights which either party may have or at an~' time hereafter shall have for past, present or future support or maintenance, alimony, pendente lite, counsel fees, property of division, costs or expenses, whether arising as a result of the marital relations or otherwise, except, all rights and agreement and obligations of whatsoever nature arising or which may arise under this Agreement or for the breach of any provision thereof. It is the intention of Husband and Wife to give each other by the 5 execution of this Agreement a full, complete and general release 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 arise under this Agreement or for the breach of any provision thereof. It is further agreed that this Agreement shall be and constitute a full and final resolution of any and all claims which each of the parties may have against the other for equitable division of property, alimony, counsel fees and expenses, alimony pendente lite or any other claims pursuant to the Pennsylvania Divorce Code or the divorce laws of any other jurisdiction. 9. PERSONAL PROPERTY: With the exception of those items set forth in Schedule A, Husband and Wife do hereby acknowledge that they have divided or will divide in the near future their tangible personal property, including, but without limitation, jewelry, clothes, furniture and furnishings, rugs, carpets, household equipment and appliances, pictures, books, works of art and other personal property. All such property currently in possession of Wife shall become the sole and exclusive property of Wife. All such property currently in possession of Husband shall become the sole and exclusive property of Husband. The parties do hereby specifically waive, release, renounce and forever abandon whatever claim, if any, he or she may have with respect to the above items which shall become the sole and separate property of the other. 6 The items of personal property listed in Schedule A shall become the property of the Husband and the Wife hereby agrees to convey said property at a time convenient to the parties. 10. AFTER-ACOUIRED PROPERTY: Each of the parties shall hereafter own and enjoy, independently of any claim or right of the other, all items of property, be they real, personal or mixed, tangible or intangible, which are hereafter acquired by him or ~er, with full power in him or her to dispose of the same as fully and effectively, in all respects and for all purposes as though he or she were unmarried. 11. REAL ESTATE: The parties are the owners of a house located at 2920 Chestnut Street, Camp Hill, CUmberland County, Pennsylvania. Husband shall transfer his interest in said real estate to the Wife. Wife will be solely responsible for the mort- gage with PNC and agrees to indemnify and hold harmless Husband therefrom. Wife will also be solely responsible for the Dauphin Deposit Home Equity loan and agrees to indemnify and hold harmless Husband therefrom. Husband agrees to execute a deed to the property upon execution of this Agreement. 12. RETIREMENT ACCOUNTS AND PENSION PLANS: Husband is the owner of a pension with his former employer, DuPont Company, a substantial portion of which would be deemed marital property. In consideration of the terms and conditions contained in this Agree- ment, Wife hereby agrees that she waives any rights which she may have to such pension plan. 7 13. AUTOMOBILES: The parties are the owners of a 1989 Chevrolet Astro Van titled in both names. The Husband hereby agrees to transfer his interest in said vehicle to the Wife which shall become solely her property. The Husband further agrees to execute any documents necessary to effectuate this transfer. 14 . CURRENT I,IABILITIES: Husband and Wife have accumulated various debts during the marriage in addition to the PNC mortgage and Dauphin Deposit home equity loan set forth above. All debts set forth in Exhibit B to this Agreement shall be the sole and separate responsibility of the Husband. All debts set forth in Exhibit C of this Agreement shall be the sole and separate responsibility of the Wife. 15. WAIVER OF PAYMENT OF LEGAL FEES: Wife shall be responsible for payment of her legal fees. Husband shall be responsible for payment of his legal fees. 16. ALIMONY AND ALIMONY PENDENTE LITE: Husband and Wife do hereby waive, release and give up any other rights they may respectfully have against the other for any alimony, support or maintenance. It shall be, from the execution of this Agreement, the sole responsibility of each of the respective parties to sustain themselves without seeking any additional support from the other party, except as provided herein. 17. MUTUAL CONSENT DIVORCE: The parties agree and acknowledge that their marriage is irretrievably broken, that they do not desire marital counseling, and they both consent to the 8 entry of a decree in divorce pursuant to ~3301(c) of the Pennsyl- vania Divorce Code, Act 26 of 1980, as may be amended (herein referred to as the Code). Accordingly, both parties agree to execute such consents, affidavits, or other documents and to direct their respective attorneys to file such consents, affidavits, or other documents as may be necessary to promptly proceed to obtain a divorce pursuant to said ~3301(c) of the Code. Upon request.. to the extent permitted by the law and the applicable Rules of Civil Procedure, the named defendant in such divorce action shall execute any waivers of notice or other waivers necessary to expedite such divorce. 18. WARRANTY AS TO EXISTING OBLIGATIONS: Each party represents that they have not heretofore incurred or contracted for any debt or liability or obligation for which the estate of the other party may be responsible or liable except as may be provided for in this Agreement. Each party agrees to indemnity and hold the other party harmless for and against any and all such debts, liabilities or obligations of every kind which may have heretofore been incurred by them, including those for necessities, except for the obligations arising out of this Agreement. 19. WARRANTY AS TO FUTURE OBLIGATIONS: Husband and wife covenant, warrant, represent and agree that with the exception of obligations set forth in this Agreement, neither of them shall hereafter incur any liability whatsoever for which the estate of the other may be liable. Each party shall indemnify and hold 9 harmless the other party for and against any and all debts, charges and liabilities incurred by the other after the execution date of this Agreement, except as may be otherwise specifically provided for by the terms of this Agreement. 20. WAIVER OR MODIFICATION TO BE IN WRITING: No modification or waiver of any of the terms hereof shall be valid unless: in writing and signed by both parties, and no waiver of any breach hereof or default hereunder shall be deemed a waiver of any subsequent default of the same or similar nature. 21. MUTUAL COOPERATION: Each party shall, at any time and from time to time hereafter, take any and all steps and execute, acknowledge and deliver to the other party any and all further instruments and/or documents that the other party may reasonably require for the purpose of giving full force and effect to the provisions of this Agreement. 22. APPLICABLE LAW: This Agreement shall be construed under in accordance with the laws of the Commonwealth of Pennsylvania which are in effect as of the date of execution of this Agreement. 23. AGREEMENT BINDING ON HEIRS: This Agreement shall be binding and shall inure to the benefit of the parties hereto and their respective heirs, executors, adminiatrators, successors and assigns. 24. OTHER DOCUMENTATION: Wife and Husband covenant and agree that they will forthwith (and within at least ten (10) days 10 after demand therefor) execute any and all written instruments, assignments, releases, satisfactions, deeds, notes or such other writings as may be necessary or desirable for the proper effectuation of this Agreement. 25. NO WAIVER OF DEFAULT: This Agreement shall remain in full force and effect unless and until terminated under and pursuant to the terms of this Agreement. The failure of either party to insist upon strict performance of any of the provisions of this Agreement shall in no way affect the right of such party hereafter to enforce the same, nor shall the waiver of any default or breach of any provision hereof be construed as a waiver of any subsequent default or breach of the same or similar nature, nor shall it be construed as a waiver of strict performance of any. other obligations herein. 26. ENFORCEMENT OF AGREEMENT: If either party breaches any provision of this Agreement, the other party shall have the right, at his or her selection, to sue for damages for such breach or to require specific performance. The party breaching this Agreement shall be responsible for payment of legal fees and costs incurred by the other party in enforcing their rights under this Agreement or for seeking such other remedies of relief as may be available to him or her. 27. SEVERABILITY: If any term, condition, clause or provision of this Agreement shall be determined or declared to be void or invalid in law otherwise, then only that term, condition, 11 clause or provision shall be stricken from this Agreement and, in all other respects, this Agreement shall be valid and continue in full force, effect and operation. Likewise, the failure of any party to meet her or his obligations under anyone or more of the paragraphs herein, with the exception of the satisfaction of the conditions precedent. shall, in no way, void or alter the remaining obligations of the parties. 28. HEADINGS NOT PART OF AGREEMENT: Any headings preceding the text of the several paragraphs and subparagraphs hereof are inserted solely for convenience of reference and shall not constitute a part of this Agreement. nor shall they affect its meaning, construction or effect. k'11uIlJ1M.) mTNESS ? C . \r~ - v1\,V)2.A!L PATRICIA A. MASSIE ~rJ 1LMh C/J-.A At DENNIS A. MASSIE 12 . . Drums Camera equipment Navajo Dancer Suite (4) Navy uniform Tools Stereo equipment, records, tapes, etc. (to be divided amicably) Fishing equipment Marine battery Boat motor Battery charger pictures Baseball glove Books Clothes Jewelry box Kitchen items (to be divided amicably) TV All other property to be divided by agreement of the parties. EXHIBIT A Sears Card Bank One CitiBank Mellon Bank IRS Obligation Husband's Debts 1,000.00 $200-300.00 1,000.00 941. 09 527.95 EXHIBIT B Wife's Debts CitiBank Choice visa Visa IRS Obligation 900.00-1,000.00 4,700.00 400-500.00 900.00 800.00 SCHEDULE C COMMONWEALTH OF PENNSYLVANIA SS: COUNTYOF !J"',"~ , On this, the " day of February, 1996, before me, a Notary Public in and for said Commonwealth and County, personally appeared patricia A. Massie known to me to be the person whose name is subscribed to the within Agreement and acknowledged that she executed the same for the purposes therein contained. IN WITNESS WHEREOF, I have hereunto set my hand and official seal. ~ ;; / Notary Public (SEAL) My Commission Expires: M01ARIAl SeAL L Rell BIC~LE" ~ola~ I'ubflc My c~~~r~s~~~'~:p~~:~nApg,~~ 1999 ,. COMMONWEALTH OF PENNSYLVANIA COUNTY OF de.,"- SS: On this, the I..... day of February, 1996, before me, a Notary Public in and for said Commonwealth and County, personally appeared Dennis A. Massie known to me to be the person whose name is subscribed to the within Agreement and acknowledged that he executed the same for the purposes therein contained. IN WITNESS WHEREOF, I have hereunto set my hand and official seal. e--7 Notary Public (SEAL) My Commission Expires: NOTARI~L SEAL L. REX BICKLEY r:utary pubnc Harrr.bulg. Oaunn:n COl'nly My Commission Elplles April 10. 1999 PATRICIA A. MASSIE, plaintiff No. 95-3689 Prothonotary IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA VS Action in Divorce DENNIS A. MASSIE, Defendant PRAECIPE TO TRANSMIT RECORD 1. Ground for divorce: irretrievable breakdown under Section (33011cl) (3301 (d) (1)) of the Divorce Code. 2. Date and manner of service of the Complaint: First Class Mail. Restricted Delivery. Certified Mail -- August 1. 1995 3. required February (a) Date of execution of the Affidavit of Consent by Section 3301(c) of the Divorce Code: by Plaintiff 12. 1996; by Defendant February 12. 1996 (b) Date of execution of the Plaintiff's Affidavit required by Section 3301(d) of the Divorce Code: (c) Date of execution of Waiver of Notice of Intention to Request Entry of A Divorce Decree Under ~3301(c) of the Divorce Code: By Plaintiff: 2/12/96; By Defendant: 2/21/96 and, date of service of the Plaintiff's Affidavit upon the Defendant: 4. Related claims pending: pendinq. 5. Date and manner of service of notice of intention to file praecipe to transmit the record, a copy of which is attached, if the decree is to be entered under Section 3301 (d) (1) (i) of the Divorce Code. There are no related claims (plaintiff) ckley PATRICIA A. MASSIB, Plaintiff vs. IN THB COURT OF COMMON PLEAS OF CUMBBRLAND COUNTY, PENNSYLVANIA NO. 95-3689 CIVIL ACTION - LAW IN DIVORCE DENNIS A. MASSIE, Defendant Waiver of Notice of Intention to Request Entry of a Divorce Decree Under ~3301(c) of the Divorce Code 1. I consent to the entry of a final decree of divorce without notice. 2. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if I do not claim them before a divorce is granted. 3. I understand that I will not be divorced until a divorce decree is entered by the Court and that a copy of the decree will be sent to me immediately after it is filed with the prothonotary. I verify that the statements made in this affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S.A. ~4904 relating to unsworn falsification to authorities. Date: j/u Jq(, I I ~~G .17itVJ~ Patricia A. Massie, Plaintiff c ;: ,.:) I...' -" ;"'1 'J -, -01 -) , i::!J .....m ',0 :) . ..,0 "q] Jr"', ('.,nl ;:-J ~i] -. .."': r- ; t..,J :-'" CJ -; h.) -..J -~._....:., to -=-:;.~ PATRICIA A. MASSIB, Plaintiff IN THB COURT OF COMMON PLEAS OF CUMBBRLAND COUNTY, PENNSYLVANIA NO. 95-3689 vs. DENNIS A. MASSIE, Defendant CIVIL ACTION - LAW IN DIVORCE Waiver of Notice of Intention to Request Entry of a Divorce Decree Under ~3301(c) of the Divorce Code 1. I consent to the entry of a final decree of divorce without notice. 2. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if I do not claim them before a divorce is granted. 3. I understand that I will not be divorced until a divorce decree is entered by the Court and that a copy of the decree will be sent to me immediately after it is filed with the prothonotary. I verify that the statements made in this affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S.A. ~4904 relating to unsworn falsification to authorities. Date: ~~9C. (7).- ~ A!~ ennis/A. "Massie, Defendant () ....) ~~ c, () ;f2 . .., '., . "'1 ::::J , , ;i :..- ~) :-;i.;:g h;, <~. "7m '::?; ';.-...1'. ;': #. . --iJ " -. 1')- .J- f:'';; - :yo(") S' cyn - N ::;;J . ..., :iJ ~ ,-.-....'" .. ~~ ,~~::.:....:~.~ .- , PATRICIA A. MASSIE, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. q~'- 3ft-a? (I.t.~ CIVIL ACTION - LAW IN DIVORCE vs. DENNIS A. MASSIE, Defendant NOTICE TO DEFEND AND CLAIM RIGHTS YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set forth in the following pages, you must take prompt action. You are warned that if you fail to do so, the case may proceed without you and a decree of divorce or annulment may be entered against you by the Court. A judgment may also be entered against you for any other claim or relief requested in this 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 counselling. A list of marriage counsellors is available in the Office of the Court Administrator, CUmberland County Courthouse, Carlisle, Pennsylvania. IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY, LAWYER \ S FEES OR EXPENSES BEFORE A DIVORCE OR ANNULMENT IS GRANTED, YOU MAY LOSE THE RIGHT TO CLAIM ANY OF THEM. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. COURT ADMINSTRATOR Fourth Floor CUmberland County Court House 1 Court House Square Carlisle, Pennsylvania 17013 (717) 240-6200 AVISO PARA DEFENDER Y RECLAMAR DERECHOS USTBD HA SIDO DEMANDADO EN LA CORTE. Si desea defenderse de las quejas expuestas en las paginas siguientes, debe tomar accion con prontitud. Se le avisa que si no se defiende, el caso puede proceder sin used y decreto de divorcio 0 anulamiento puede ser emitido en su contra por la Corte. Una decision puede tambien ser emitida en su contra por cualquier otra queja 0 compensacion reclamados por el demandante. Used puede perder dinero, 0 propiedades u otros derechos importantes para usted. CUando la base para el divorcio es indignidades 0 rompimiento irreparable del matrimonio, used puede solicitar consejo matrimonial. Una lista de consejeros matrimoniales esta disponible en la oficina del Court Administrator, CUmberland County Courthouse, Carlisle, Pennsylvania. SI USBD NO RBCLAMA PENSION ALIMBNTICIA, PROPIBDAD MARITAL, HONORARIOS DE ABOGADO U OTROS GASTOS ANTES DE QUE EL DECRBTO FINAL DB DIVORCIO 0 ANULAMIBNTO SEA EMITIDO, USED PUEDB PBRDBR EL DBRECHO A RBCLAMAR CUALQUIBRA DE ELLOS. USTED DBBE LLEVAR BSTB PAPBL A UN ABOGADO DE INMBDIATO. SI NO TIBNE 0 NO PUEDB PAGAR UN ABOGADO, VAYA 0 LLAME A LA OFICINA INDICADA ABAJO PARA AVBRIGUAR DONDE PUEDE OBTENBR ASISTBNCIA LBGAL. COURT ADMINSTRATOR Fourth Floor CUmberland County Court House 1 Court House Square Carlisle, Pennsylvania 17013 (717) 240-6200 , . . PATRICIA A. MASSIE, plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 1:[ :If., i'l c.~..<-rr;<..... CIVIL ACTION - LAW IN DIVORCE vs. DENNIS A. MASSIE, Defendant COMPLAINT IN DIVORCE AND NOW, comes the Plaintiff, patricia A. Massie, through her attorney, L. Rex Bickley, Esquire, who hereby files the following Complaint in Divorce: 1. The plaintiff, patricia A. Massie, is an adult individual who presently resides at 2920 Chestnut Street, Camp Hill, Cumberland County, Pennsylvania 17011. 2. The Defendant, Dennis A. Massie, is an adult individual whose residence is 2920 Chestnut Street, Camp Hill, Cumberland County, Pennsylvania 17011. 3. The parties were married on June 22, 1985, in Harrisburg, Dauphin County, Pennsylvania. 4. There have been no prior actions of divorce or annulment between the parties. 5. The Plaintiff has been advised of the availability of counselling and the right to request that the Court require the parties to participate in counselling. 6. The Defendant is not a member of the Armed Services of the United States or any of its allies. 7. The marriage is irretrievably broken. , . 8. The plaintiff avers that the grounds on which the action are as follows: A. Defendant has committed' adultery. (3301(a)) B. Defendant has offered such indignities to the innocent and injured spouse as to render her condition intolerable and life burdensome. (3301(a)) C. The marriage is irretrievably broken. (3301(C)) COUNT ~l Eqpitable Distribution 9. Paragraphs 1 through 8 hereof are incorporated herein as set forth by reference. 10. The Plaintiff and Defendant are the owners of marital property and the Plaintiff requests that the Court equitably divide the marital property. WHERBFORE, Plaintiff requests this Court to: (A) Enter a decree in divorce between the parties. (B) Equitably divide the marital property. (C) For such other relief as deemed appropriate and equitable. Respectfully submitted, ey 17101 . VERIFICATION I, patricia A. Massie, verify that the statements made in this Divorce Complaint are true and correct to the best of my information, knowledge and belief. I further understand that false statements made herein are subject to the penalties of 18 Pa. C.S.A. ~4904 relating to unsworn falsification to authorities. Date: z/,o/~ J Jl~ C. \:]1\ nJ.1A.J PATRICIA A. MASSIE . ~\~2 - <:rt"-I'.... ?'-"--' .-....j .- \... tv " -.J - ~ -. ~ ,r. _: -H p;: "'" , ~f\ -.;: - ., ,. \oN <n "" g-, "'" ~ \ ........ -J I- "'" '\ ........... ~~ .. ?~,-\'-"'\ ... CO') '" ~\ ~ c <..... <= ~ . '. . PATRICIA A. MASSIB, Plaintiff IN THB COURT OF COMMON PLEAS OF CUMBBRLAND COUNTY, PENNSYLVANIA NO. 95-3689 CIVIL ACTION - LAW IN DIVORCE VB. DENNIS A. MASSIE, Defendant AFFIDAVIT OF CONSENT 1. A Complaint in divorce under Section 3301(c) of the Divorce Code was filed on June 11, 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 after service of notice of intention to request entry of the divorce. 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. ~4904 relating to unsworn falsification to authorities. Date: dA /;:11 ti r, ~~nis~,~ssie, Defendant . .' () c-' t) !=: I"J', -., -' .., .,_f r ,~j i ,.." . , . ':::I , ,,;:0 ......i, "~ <.,; .:J :.- . .~-!O ..;;-, ~3:I :'3-. ~;~ ~~1 9 H;'~ .. , (j :.~ N ,,-J -..! ~~ ~ 1 j " \ , , ... '"_. "-i . . . . PATRICIA A. MASSIB, Plaintiff vs. IN THB COURT OF COMMON PLEAS OF CUMBBRLAND COUNTY, PENNSYLVANIA NO. 95-3689 CIVIL ACTION - LAW IN DIVORCB DENNIS A. MASSIB, Defendant AFFIDAVIT OF CONSENT 1. A Complaint in divorce under Section 3301(c) of the Divorce Code was filed on June 11, 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 after service of notice of intention to request entry of the divorce. 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. ~4904 relating to unsworn falsification to authorities. Date: ~/I;}'/9(' I , D C' . \ tVt:^^^" - V'\i\ M.~A l7 Patricia A. Massie, Pla~ntiff (') . ,., <.:; v\ 0 '~'J ~. . ""I I::j' :'"1' -, .. , :-::; 'h?J " ~ {.'; .. ..~':g , . , ., '" ,. , ;-': . ....',:, . .:tJ ..;,- Si :~ ' ..,....;. . i'j/v, .' "" '-' -' --J :':.J -;; . . PATRICIA A. MASSIE, plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 95-3689 DENNIS A. MASSIE, Defendant CIVIL ACTION - LAW IN DIVORCE CERTIFICATE OF SERVICE I, L. Rex Bickley, hereby certify that on the August 1, 1995, I served a copy of the above captioned Divorce Complaint by depositing the same in the United States Mail, Restricted Delivery, Certified Mail, Return Receipt Requested, at the Defendant's address at c/o Arthur Buckwalter, 933-A Nixon Drive, Mechanicsburg, Cumberland County, pennsylvania, a copy of the return receipt of which is attached hereto. /.. tiL-l ~ ~ ~ ./ L. ReX~ley 121 So Street Harrisburg, PA 17101' (717) 234-0577 - . . ._". ....- . ,~ "i , , ":' "J ,j ='j , ~ri '''l '1 'i.l ,"j ".~ ..:.", -.1 '" <~~ <J i " , , ; ,,\ ,;,1 ~1 ,<-", '.1~ ", ) ) n ,~ :) r; (,' "1 .." :J ~1; '''1 "'I:;R ..'-J ~ ... ,"";'1 ."'-'. t.., ' .;?' Co,:. ~ ".:: :. ,:; .) :-." -':rJ ",;... i-JfJ ' , i~ '-"fT! ;,:..( U :::1 . , "" :0 -. 0' ~ .r IN THE COURT OF cmNON PLEAS 01' r:UfllllmLAlIll COUNTY. PENNSYL'/ANIA CIVIL ACTION - LAW PATRICIA A. MASSIE. Plaintiff ~:O. 3689 CIVIL 1995 VB. DENNIS A. MASSIE, Defendant ACTION [~ DIVORCE :lOTlCE OF ZLECTlm: TO RETA::r. FOIC.fER :m1E Notice is hereby given that th.. Plaintiff in the ablJ'Ie IlI3tter. havinll been granted a Final Decree in divorce from :he bonds of matrimony on the 26th day of Fp-hrllArv . 1996 . hereby elects to retake and hereafter use her previous name of Pntrfrfn Ann Afrirn ~~ ~~k. {Jj.{I/?J~~L P ricia Afric Massie \'I,,{,ll.. Q'l ..... C Patricia Ann Africs < To Be Known As: COMMONWEALTH OF PENNSYLVANIA COUNTY OF 0.., ~. , 55. On the ? $' 7' day of ,...,( t, . 1936 . before me. a Notary Public, personally appeared t'. 1,,<., .. 11-(".. ( ... . known to me to be the person whose name is subscribed to the within document. and acknowled~ed that she executed the foregoing for the purpose therein contained. IN WITNESS WHEREOF. I have hereunto set my h:1Od and ~lotari31 Seal. ---;i~TARIM. SE~L L "tX oICKLEY. NOlal! ('ubUC Harrtsburg, Dauphin C".'nly 999 My Commission ~res April 10, 1 c---- . -:> NOTARY PU3.~ r"" 'f") r') t,:- C"' ~.. -f-: .... . :.:) r-., G. .; ;-g :3 ,Y -,0 i3:l ..0 -.inl " ~ to ~~ t> r~~ L.. :t: ': ".. t-- ..,., ~,' J :. :.>> -l .. ,.:I ~