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HomeMy WebLinkAbout95-03893 J ?J a- cSJ . -7 E: I ~ J I (Y)I 0- oo rt) I r" L() ICJ ,', * ... , ~~~~~~~~~-~-*~*~--'*-~*:~'~:'~~~~~-~'~ ~ - ,- ~---~~-_._- 8 ?- 8 $ IN THE COURT OF COMMON PLEAS $ $ ~ .:., ~ $ $ ~I ',' $ " ., ,', ~ " ., ,', ~ ~ .,. ~ ... ~ .. ~ ',' OF CUMBERLAND COUNTY ~ STATE OF i. PENNA. STEPIIENE.~ BANEY. plainUff. . N (I, ......9.~..::,~,8.9.,3 ..........""... 19 VPI'.sllS KAREN L. BANEY, Defendant ,', * DECREE IN DIVORCE AND NOW, . .N. ~ ., .C. .. " 19 .~.'?~it is ordered and decreed that............... . .S.l!lP~!l!l.~'. !l.a.n.ey........ ........... plaintiff, and ,...... .. .. . .. .~~~<:~ .L:. ~~~~L .. , , .. . .. .. .. .. .. .. , .. .. .. '. defendant. are divorced from the bonds of matrimony, ,', ~ W) ") ~ " w ',' ~ ~ ~ " ~ " 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; None ,~ '!l ~ ~ <;', * . . . . .~I!l! .a.l~\I~~~~ Y~~~er.ly, Sc~l.le~~l)l. !"g.r!l!l!11l!l.'~ !~ !1!l:!l~~. i!1~?:P!lrl;l~l!~', ~If~ .n,o.l. , , ..,~,;, [", 'hi, ""~,,, DI''''':, ., h . . <.J v~/.. . . . . ',:~ . . . . . .. . . . . , . . . ~>?~ ^llc.t~,;It.f;l(!~' [: c.... ~(../~~.~ ~a.t ~ >>A' ).o;d / r / ProthonotAry $ ~ ~" ~ ~ ... ,~ :, ,~ ~ 8 ~ 7- g ~ -- --- ~>..:- .>>:. <*:. . 8 8 ~ " " " ., & ~ e " ., ,'~ ~ ~ ,~ ,'. ~ e ~ ", ~ .:.' ~ w ., w ~, W <;', ,', ~ s w '.' w '.' ,', ~ * s ~ * ~ '.' J, * ~ .., , . ! . l~ I~ /',' , . ,-. ..,-~-~_......'-" -.. -. -. -- ~-_......-..- ,. ~ -." . ~ ~:. .:+:. .:.:. .:+:. .:+:. .:.:- .:+:. .:+:. .:.:. .:+:. .:+:. .:+:. .:+:. .:+:. .:+:. .:.:. .:+:. .:+:. .:.:. .:+:. .:+:. .:+:. /1)/),.9.s (J"l (1f7./-~1".11/ ~ dtJ ($1~1tL'~ //-')O~.J 7/'trct" .iffa~ ;{; 41 Al~1fP '. ~ ", .. PROPERTY SETTLEMENT AGREEMENT THIS AGREEMENT, made thls@lday Of~, 1995, by and between Stephen E, Baney, hereinafter called "Husband " and Karen L. Baney, hereinafter called "Wife", WITNESSETH: WHEREAS, Husband and Wife were legally married on May 30, 1981; WHEREAS, two (2) children were born of this marriage, said children being: Tyler Baney, born May 27 r 1986, and Travis Baney, born May 22, 1988; WHEREAS, differences have arisen between Husband and Wife in consequence of which they desire to live separate and apart from each other; and WHEREAS, Husband and Wife desire to settle and determine their rights and obligations, NOW THEREFORE, in consideration of the premises and covenants contained herein, It is agreed by and between the parties hereto that: 1, SEPARATION. It shall be lawful for each party at all times hereafter to live separate and apart from each other at such place as he or she from time to time shall choose or deem fit, The foregoing provision shall not be taken as an admission on the part of either party of the lawfulness or unlawfulness of the causes leading to their living apart, 2, INTERFERENCES. Each party shall be free from interference, authority and control by the other, , , as fully as If he or she were single and unmarried, except as may be necessary to carry out the provisions of this Agreement. Neither party shall molest or attempt to endeavor to molest the other, or in any way harass or malign the other, nor In any other way Interfere with the peaceful existence, separate and apart from the other. Each of the partles hereto completely understand and agree that neither shall do or say anything to the child of the parties at any time which might In any way Influence the child adversely against the other party, 3. DIVISION OF REAL PROPERTY, Husband and Wife are the owners of real estate situate at 2805 Rosegarden West, Mechanlcsburg, Cumberland County, Pennsylvania, The real estate is currently titled in the name of Husband and Wife as tenants by the entireties, Husband agrees that he shall transfer all right, title and interest to the aforesaid real estate to Wife individually, Wife agrees that she shall Indemnify and hold Husband harmless on the existing mortgage against the property in favor of Center Bank Mortgage Corporation with a principal balance, as of January 1, 1995. of approximately $68,000,00. In the event Husband is unable to secure financing in the future because of his continued liability as a debtor on the aforesaid mortgage, Wife shall Immediately take steps to have Husband's name removed from the mortgage and In the event his name cannot be removed, Wife shall refinance the property promptly thereby relieving Husband of any further obligation thereunder, In order for Husband to demand that Wife shall refinance or sell the marital home because of his Inability to secure 2 .. .. financing, Husband must have applied for financing with at least two (2) different Institutions, one of which must be for In-house loan placement, Further, Husband must have been turned down on the said financing solely due to his technlcalllablllty on the mortgage referred to herein, In the event of Wife's failure to either refinance or remove Husband's name, the property shall be Immediately Ilsted for sale with the Intent of eliminating Husband's obllgation on the said mortgage as soon as practicable, As of January 1, 1995, Wife shall be responsible for all household related expenses Including, but not Ilmited to, mortgage payments, insurance, utility bills, real estate taxes, cable expenses and any other miscellaneous maintenance Items Including lawn-care and landscaping, It is further agreed that Wife shall immediately take steps to have all utilities and related household expenses presently in the name of Husband transferred Into Wife's name only, 4. DIVISION OF PERSONAL PROPERTY, The parties have divided between them to their mutual satisfaction, personal effects, household goodS and furnishings and all other articles of personal property which have heretofore been used in common by them, and neither party will make any claim to any such Items which are now in the possession or under the control of the other. Should it become necessary, each party agrees to sign any title or documents necessary to give effect to this paragraph, upon request, Husband shall supply a list of items which shall be Included in this paragraph which he will remove from the 3 ..<,- . . marital residence within thirty (30) days of the date of the signing of the Agreement, 5. PENSION/401K. Wife agrees that she will wolve any claims she may have to Husband's pension and 401 K through his present employer, HARSCO Corporation, 6, CUSTODY AND VISITATION, Husband and Wife shall have shared legal custody of the parties' minor children with Wife to have primary physical custody subject to the following partial custody or visitation rights of the Husband: a. Husband to have partial custody of the minor children every other weekend beginning at 6:00 p.m" Friday evening and ending at 6:00 p.m, Sunday evening. Father's Initial weekend under this schedule shall be Friday, January 27, 1995; b, Husband to have partial custody of the minor children one weekday evening per week, to be agreed upon by the parties, with the Husband to pick-up the minor children at Wife's residence at 5:30 p,m, and returning them to Wife's possession at 9:30 p.m., During the summer months, when school Is not In session, Husband shall keep the children over night, if business should permit, and return them to Wife's residence the following day; c, The parties shall alternate the following major holidays: Easter, Memorial Day, Fourth of July and labor Day; 4 . d, The parties shall share equally the Christmas school holiday of the children: and, e, Husband shall have a right to have partial custody of the children for a period of twenty-one (21) days throughout the calendar year with reasonable notice to Wife. No more than ten (10) days shall be taken consecutively. 7, SUPPORT OR ALIMONY. Husband agrees to pay to Wife the sum of One Thousand Seven Hundred ($1,700,001 Dollars for a period of thirty (30) consecutive months with payments to commence on or about January 1, 1995. Payments are to be made by Husband In the form of two (2) equal payments per rT'onth In the amount of Eight Hundred Fifty ($850.001 Dollars with Wife to receive each respective support/alimony payment no later than the 15th and 30th of each month, Of the aforementioned One Thousand Seven Hundred ($1,700,00) Dollar sum, One Thousand ($1,000,001 Dollars shall be paid in the form of child support and the remaining Seven Hundred ($700.00) Dollars shall be paid in the form of Alimony, Said obligation for child support shall terminate when each child reaches the age of 18, graduates from high school or becomes self-supporting. The aforementioned Seven Hundred ($700,00) Doilar alimony payments are deductible to Husband and Includable to Wife under the Internal Revenue Code Sections. The aforementioned Seven Hundred ($700,00) Dollar alimony payments are not subject to modification as to amount or duration, Further, In the event of the death 5 of either party or In the event Wife cohabltates or remarries, the said alimony payment shall terminate and Wife shall be entitled, In the ovent of termination of the allmony payments, to pursue child support In an amount to be determined by the Court of Common Pleas, Cumberland County Domestic Relations division, In the event Wife attempts to secure an Increase In child support prior to the expiration of the thirty (30) month period as set forth herein, and in addition Wife secures a higher amount of child support than the One Thousand ($1,000.00) Dollars referenced herein, Husband shall receive a dollar for dollar reduction In his allmony payments based upon the Increase in child support, It Is not intended that Husband's obligation for child support shall survive his death, Husband agrees to pay to Wife twenty-five (25%) percent of his net bonus for the calendar years 1995 and 1996 only, Net bonus shall be defined as the gross amount of the bonus minus reasonable deductions for social security, medicare and federal, state and local Income taxes. The parties agree that one-half (1/2) of the amount paid to Wife under this provision, shall be designated as alimony and one-half (1/2) as child support, Husband shall pay the monies to Wife within ten (10) days of the receipt of his bonus, 8, ADVANCED EDUCATION, If at the time either of the minor children graduates from high school and Is qualified to attend a college or similar Institution of higher learning, the Husband and Wife agree that they shall contribute to the said educational costs and expenses of 6 ~, the child and/or children In proportion to their respective Incomes at the time the expense Is generated after taking Into account all grants, loans, scholarships and other financial aid as well as the child's contribution to the educational costs and expenses, 9. MEDICAL INSURANCE. Husband shall provide medical and dental coverage for his minor children, Tyler and Travis, as provided by his employer and Husband shall supply proof of said coverage to Wife upon request, Any medical or dental expenses for the minor children not covered by Husband's Insurance shall be divided seventy-five percent (75%1 to Husband, twenty-five percent (25%1 to Wife, 10. LIFE INSURANCE, Husband and Wife both agree that they will provide a minimum of One Hundred Thousand ($100,000,00) In life Insurance with an A or better rated Life Insurance company naming the minor children as beneficiaries, The obligation of the parties to carry life insurance on the minor children shall cease when each child graduates from an institution of higher education or reaches the age of twenty-three (231, whichever occurs first. Each party shall supply to the other, on an annual basis, evidence that the coverage set forth in this paragraph Is in place, 11, COURT CONFIRMATION. Husband and Wife hereto agree that the foregoing provisions of this Agreement may be confirmed by a Court of competent jurisdiction upon application of either of 7 . the parties to this Agreement or, In the alternative, may be Incorporated In a Final Decree In Divorce, 12, FEDERAL INCOME TAX EXEMPTIONS, Tha parties agree that Wife shall be entitled now and In the future to take Travis Baney as a deduction for Income tax purposes and that Husband shall be entitled to take Tyler Baney as a deduction for an income tax purposes, It Is the Intent of the parties that they shall be entitled to these exemptions so long as the minor children designated as dependents to each Individual Is eligible for the dependency exemption, 13. INCOME TAX RETURN, The parties agree that they shall file a joint Income Tax Return for the tax year 1994, Husband agrees that he shall be responsible for any tax liability owed on the said Return and Husband shall also be entitled to any refund thereunder, 14. MODIFICATION OF CHILD SUPPORT, The provisions of this Agreement relating to child support may be modified or revoked at any time to the discretion of a court of competent jurisdlctionr except as to any amount that may have been accrued prior to the effective date of any Order of a Court of competent jurisdiction modifying the provisions of this Agreement, 15, TAX ON PROPERTY DIVISION, Husband hereby agrees to pay all Income taxes assessed against him, If any, as a result of the division of the property of the parties hereunder, Wife hereby agrees 8 to pay all Income taxes assessed against her, if any, as a result of the division of the property of the parties hereunder, 16, ASSUMPTION OF DEBTS. Husband agrees to pay the following outstanding debts and obligations of Husband and Wife: A, Visa In the amount of approximately $8,700.00; B. Mastercard In the amount of approximately $4,000,00; C. $1,675,00 owed debt for the installation of a heat pump; and, D. Home Equity Loan with Harris Savings in the amount of approximately $9,000,00, Wife agrees to pay the Promissory Note with a face value of $5,000,00 owed to her father, John C. Boyer, All further debts Incurred by the parties shall be their Individual responsibility, 17. BREACH. If either party breaches any provision of this Agreement, the other party shall have the right, at his or her election, to sue for damages for such breach. The party breaching this contract shall be responsible for the payment of legal fees an costs Incurred by the other in enforcing his or her rights under this Agreement, or seeking such other remedy or relief as may be available to him or her, 18, FULL DISCLOSURE. Husband and Wife each represent and warrant to the other that he or she has made a full and complete disclosure to the other of all assets of any nature 9 whatsoever In which such party of every type whatsoever and all other facts relating to the subject matter of this Agreement, 19, ADDITIONAL INSTRUMENT, Each of the parties shall on demand execute and deliver to the other any deeds, bills of sale, assignment, consents to change of beneficiary on Insurance policies, tax returns and other documents and do or caused to be done any other act or thing that may be necessary or desirable to the provisions and purposes of this Agreement, If either party falls on demand to comply with this provision, that party shall pay to the other all attorneys' fees, costs and other expenses reasonable incurred as a result of such failure, 20, WIFE'S DEBTS, Wife represents and warrants to Husband that since the parties' separation she has not and In the future she will not contract or Incur any debt or liability for which Husband or his estate might be responsible and shall indemnify and save Husband harmless from any and all claims or demands made against him by reason of debts or obligations incurred by her. 21. HUSBANDrS DEBTS, Husband represents and warrants to Wife that since the parties' separation he has not and in the future he will not contract or incur any debt or liability for which Wife or her estate might be responsible and shall indemnify and save Wife harmless 10 from any and all claims or demands made against her by reason of debts or obligations Incurred by him. 22, WAIVERS OF CLAIMS AGAINST ESTATES. Except as herein otherwise provided, each party may dispose of his or her property In any way, and each party hereby waives and relinquishes any and all rights he or she may now have or hereafter acquire, under the present or future laws of any Jurisdiction, to share In the property or the estate of the other as a result of the marital relationship, Including without limitation, dower, curtesy, statutory allowance, widow's allowance, right to take In Intestacy, right to take against the Will of the other, and right to act as administrator or executor of the otherrs estate, and each will, to the request of the other, execute, acknowledge, and deliver any and all Instruments which may be necessary or advisable to carry into effect this mutual waiver and relinquishment of all such interests, rights and claims, 23. REPRESENTATION. It Is recognized by the parties hereto that Husband, Stephen E. Baney Is represented by John J. Connelly, Jr., Esquire and that Wife, Karen L. Baney, Is represented by Diane G, Radcliff, Esquire, It is fully understood and agreed that each party has the right to have advise of counsel prior to the signing of this Agreement, By the signing of this Agreement, the parties recognizes that they fully understands the legal impact of this Agreement and waives their respective right to have the 11 Agreement reviewed by an attorney of their choosing, and further Intends to be legally bound by the terms of this Agreement, 24. VOLUNTARY EXECUTION. The provisions of this Agreement are fully understood by both parties and each party acknowledges that this Agreement Is fair and equitable, that It Is being entered Into voluntarily and that it Is not the result of any duress or undue influence, 25. ENTIRE AGREEMENT, This Agreement contains the entire understanding of the parties and there are no representations, warranties, covenants or undertakings other than those expressly set forth herein, 26. PRIOR AGREEMENT. It Is understood and agreed that any and all property settlement agreements which mayor have been executed prior to the date and time of this Agreement are null and void and of no effect, 27. MODIFICATION AND WAIVER, Any modification or waiver of any provision of this Agreement shall be effective only If made 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 as a waiver of any subsequent default of the same or similar nature, 12 28. GOVERNING LAW, This Agreement shall be governed by and shall be construed In accordance with the laws of the Commonwealth of Pennsylvania, 29. INDEPENDENT SEPARATE COVENANTS, It Is specifically understood and agreed by and between the parties hereto that each paragraph hereof shall be deemed to be a separate and Independent covenant and agreement. 30. VOID CLAUSES. If any term, condition, clause, or provision of this Agreement shall be determined or declared to be void or Invalid In law or otherwise, then only that term, condition, clause or provision shall be stricken from this Agreement and In all other respects this Agreement shall be valid and continue in full force, effect and operation. 31. ENTRY AS PART OF DECREE, It Is the intention of the parties that this Agreement shall survive any action for divorce which may be instituted or prosecuted by either party and no order, Judgement or decree of divorce, temporary, final or permanent, shall affect or modify the financial terms of this Agreement, This Agreement shall be made in part of any such Judgment or decree of final divorce, 32, COUNSEL FEES, Husband and Wife agree that each shall be solely responsible to pay their respective counsel fees, 13 33. DIVORCE, The parties agree that Husband shall promptly file a Complaint In Divorce under section 3301 (c) of the Domestic Relations Code of the Commonwealth of Pennsylvania on or about the time of the signing of this Agreement, The parties further agree that each will sign a Consent necessary to finalize the divorce action at the expiration of ninety (90) days from the date of the filing of the Divorce Complaint. 34. CLAIMS UNDER THE DIVORCE CODE, Each of the parties waiving any claims under the Divorce Code of the Commonwealth of Pennsylvania Including, but not limited to, alimony, alimony pendente-lite. counsel fees. costs, expenses and equitable distribution of marital property except as specifically set forth herein, IN WITNESS WHEREOF. the parties hereto. Intending to be legally bound hereby, have hereunto set their hands and seals the day and year first above written, WITNESS: 2- Diane G. Radcliff, Esquire ~d.~~ Karen L. Baney 14 ~.~tYWv NOTARY PUBLIC COMMONWEALTH OF PENNSYLVANIA COUNTY OF~ ss, On this, theJ1l1day of tJ'JJut.'! ' 1995, before me, a Notary Public, personally appeared Stephen E. Baney known to me to be the person whose name Is subscribed to the within Property Settlement Agreement and acknowledged that he executed the same for the purposes therein contained, IN WITNESS WHEREOF, I hereunto set my hand and official seal. COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND NOTARIAL 5EAL'~ JEAN L MartiN, Nctary PubllG 'I H>1rii;~lrl. OJl!p~in County'" M Ccmmiuic, Ex ir.. So t, 16, 1995 S5, '1-11, Cd On this, the 1-::day of ~, (}.J../ o personally appeared Karen L. Baney, known to me to be the person whose name Is , 1995, before me, a Notary Public, subscribed to the within Property Settlement Agreement and acknowledged that she executed the same for the purposes therein contained, IN WITNESS WHEREOF, I hereunto set my hand and official seal. Gi?lJ7'~' GlhP&{lfl NOT PUBLIC NOTARIAL SEAL ROBIN Z, CAMPlIELl. Notary PUblic amp Hili Bora, cumberland countV MY commission EIIllres July 5 1m f~ , (", .. " -- i~~- -: ,,-' 7,,1 <.,;;; ,', '1,' . , '" ;.~'j c-... f'; ..;) .., ~, .;.. ...:..- -1 '. t..:') .~ .~ C.~.n STEPHEN E. BANEY, PLAINTIFF IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO, 95 - 3893 v. KAREN L. BANEY, DEFENDANT CIVIL ACTION - LAW IN DIVORCE PRAECIPE TO TRANSMIT RECORD To the Prothonotary: Transmit the record, together with the following Information, to the Court for entry of a Divorce Decree: 1. Ground for divorce: Irretrievable breakdown under Section I ) 33011c) IXXI 33011d) of the Divorce Code, 2. Date and manner of service of the Complaint: August 4, 1995 by Acceptance of Service by Diane G, Radcliff, Esquire, counsel for Defendant. Complete either paragraph la) or lb), lal Date of execution of the Affidavit of Consent required by Section 33011cl of the Divorce Code: by Plaintiff: October 31, 1995 by Dafendant: October 30, 1995 Ib) 111 Date of execution of the Plaintiff's Affidavit required by Saction 33011dl of the Divorce Code: 121 Date of service of the Plaintiff's Affidavit upon the Defendant: 4. Related claims pending: All claims settled, 5. Data and mannar of service of the notice of Intention to file praecipe to transmit racord. a copy of which Is attached: Date: /0 -3/-'/5' v. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO, tJ!f' 3'693 6t.JdR-I/1\ STEPHEN E. BANEY, Plaintiff KAREN L. BANEY, Defendant CIVIL ACTION - LAW IN DIVORCE NOTICE You have been sued In Court, If you wish to defend against the claims set forth In the following papers, you must take prompt action, You are warned that If you fall to do so, the case may proceed without you and a Decree In 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 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 at the Cumberland County Court House, One Courthouse Square, 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 Administrator Cumberland County Court House Fourth Floor 1 Courthouse Square Carlisle, Pennsylvania 17013 Phone: (717) 240.6200 (Jv"...~ Johl1 J, Con elly, Jr" Esquire A~t.?~ne'v~r lalntiff .",-, <,....'C STEPHEN E. BANEY, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. v. KAREN L. BANEY, Defendant CIVIL ACTION - LAW IN DIVORCE NOTICE OF AVAILABILITY OF COUNSELING To the Within Named Defendant: You have been named as the Defendant In a divorce proceeding filed in the Court of Common Pleas of Cumberland County, This notice is to advise you that in accordance with Section 3302(d) of the Divorce Code, you may request that the Court require you and your spouse to attend marriage counseling prior to a divorce decree being handed down by the Court, A list of professional marriage counselors Is available at the Office of the Prothonotary, One Courthouse Square, Carlisle, Pennsylvania. You are advised that this list is kept as a convenience to you and you are not bound to choose a counselor from this list, All necessary arrangements and the cost of counseling sessions are to be borne by you and your spouse, If you desire to pursue counseling, you must make your request for counseling within twenty (20) days of the date on which you receive this notice. Failure to do so will constitute a waiver of your right to request counseling, Lawrence E, Welker, Prothonotary ~ STEPHEN E. BANEY, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v. NO, CIVIL ACTION. LAW KAREN L. BANEY, Defendant IN DIVORCE COMPLAINT UNDER SECTION 3301lcl OF THE DIVORCE CODE 1. Plaintiff Is Stephen E. Baney, who currently resides at 908 Allenvlew Drive. Mechanlcsburg, Cumberland County, Pennsylvania, 2. Defendant Is Karen L. Baney, who currently resides at 2805 Rosegarden West. Mechanicsburg, Cumberland County, Pennsylvania, 3. Plaintiff and Defendant have been bona fide residents In the Commonwealth for at least six months Immediately previous to the filing of this Complaint. 4. Plaintiff and Defendant were married on May 30, 1981, In Mechanlcsburg. Cumberland County, Pennsylvania, 5, There have been no prior actions for divorce or annulment between the parties. 6. The Plaintiff is a citizen of the United States of America. 7. The Defendant is not a member of the Armed Services of the United States of America or Its Allies. 8. The marriage Is Irretrievably broken, 9. The Plaintiff has been advised of the availability of counseling and that the Plaintiff may have the right to request that the Court require the parties to participate In counseling. 10. Plaintiff requests the Court to enter a Decree In Divorce, WHEREFORE, the Plaintiff requests the Court to enter a Decree In divorce dissolving the marriage between the Plaintiff and Defendant. CONNELLY, REID & SPADE Date: 1-/1-95 B ,. y: ....- John J~Conn'eIlY' Jr., Esquire Attorn, for Plaintiff 10S-11 ut Street P. 0, Box 963 Harrisburg, PA 17101 (717) 238.4776 (717) 238-4793 Telecopler 1,0,# 15615 Date: 1-N-9,5' - , I verify that the statements made In this Pleading are true and correct, I understand that false statements herein are made subject to the penalties of 18 Pa, C,S, Section 4904, relating to unsworn falsification to authorities. ,-#~~ Stephen E, Ban ' tiff ~~ - ~._@) ~. ~ ~ l ~~ \.J ~ r-,: -- '-J \\ ~ ~ " <-C W ~~ -' L!.) '-n ~ STEPHEN E. BANEY, PLAINTIFF IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 95 . 3893 v. KAREN L. BANEY, DEFENDANT CIVIL ACTION - LAW IN DIVORCE PLAINTIFF'S AFFIDAVIT OF CONSENT AND WAIVER OF COUNSELING 1. A Complaint In Divorce under Section 3301 lc) of the Divorce Code was flied on July 21. 1995. 2. The marriage of the Plaintiff and Defendant Is irretrievably broken, and ninety days have elapsed from the date of filing of 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. equitable distribution of marital property or counsel fees or expenses has not been flied 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 counseling, I further understand that the Court maintains a list 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 spouse and I participate In counseling prior to a divorce decree being handed down by the Court. I verify that the statements made In this Affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C,S,A. Section 4904, relating to unsworn falsification to authorities. Date: ID - 8/- q5 ~.~"(k,," ,. ,::.- ,. f:"';1- ~. .' ,', " '.' " ~ ;,- , " ~.: " ; 'I - 'I ~. , < " " h,. f r"; 'Jf . STEPHEN E. BANEY, PLAINTIFF IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 95 - 3893 KAREN L, BANEY, DEFENDANT CIVIL ACTION - LAW IN DIVORCE DEFENDANT'S AFFIDAVIT OF CONSENT AND WAIVER OF COUNSELING 1, A Complaint In Divorce under Section 3301 (c) of the Divorce Code was flied on July 21, 1995. 2, The marriage of the Plaintiff and Defendant is irretrievably broken, and ninety days have elapsed from the date of filing of 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, equitable distribution of marital property or counsel fees or expenses has not been flied 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 counseling. I further understand that the Court maintains a list 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 spouse and I participate in counseling prior to a divorce decree being handed down by the Court. .. I verify that the statements made In this Affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C,S,A. Section 4904, relating to unsworn falsification to authorities. Date: \O/ab/~ ~4J~ Karen L, Baney, Defendant ~ "" c: ..,""t: \_ I ;,"111.: 7:::,,~rl c.r.'-.I't..' -<_1- .::, . ,..::: -to <O:T"'" .. .~" _("0...- -...... ':'":) r:~H>.l -" ~;r ... , = on - L. = 0.' '" = - CD U'1 ACCEPTANCE OF SERVICE IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 95-3893 ):"t~tri',!;::;;\i: ~o.,::';;: :';?t):~~ \q,\,,~ CciI,wlIvfbiD'a""';'- 'f ~'L"', - - . ',' .... _~_ ~ ,', ~ If ." ',,' ",,', lot;tlaw..uur..,.' 'i~" .','., >~0,:~~_ :tl~~*t~flCl..-...f:;\~~{i'~:;/it21: ~ !'11-""- '(f.n~\t7 A1Io~- ...- . "-, - ,.011 .,. ...,.. ,:~:l:31}J~~~~~{:.:,,~.._ STEPHEN E. BANEY, Plaintiff v. KAREN L. BANEY, Defendant CIVIL ACTION. LAW IN DIVORCE I, Diane G, Radcliff, Esquire, attorney for the above-named Defendant, accept service of the Complaint In Divorce and accept same 011 behalf of my client, Karen L. Baney, Date: e / &oj- I q " e:.'.'.~ ..~. r'"