HomeMy WebLinkAbout95-04112
II)
~
7-
a::
.
-; \
\I)
\)
r
d.
//
)
J
('1
-
-
:r-
I
~~~~~-*~*~~--------_._----*~--~
~, ------.---. --,----_.... - --., ,'^.. --,. -" ,.."... . . . ,,--., --<- ....'. .. .'--~, .
. 8
:1 IN THE COURT OF COMMON PLEAS :
81 OF CUMBERLAND COUNTY 8
8 8
:' STATE OF .~, ,:i-' PENNA. :
8 ~,~~ 8
* KATHY AYERS 8
* Plaintiff l'\o. 95-4112.. 8
* *
* \,,"'.'IIIS 8
* THOMAS AYERS 8
* Defendant .
. .
~I *
. DECREE IN .
:1 0 I V 0 R C E :
: AND NOW, ' . , . .~ . .t? . . 19.96. . .. it is ordered and :
. decreed that. . .Katll~ Ayers . . ... . , . . ' ..' . . , . , , . , ' . , , , , . '. plaintiff. .
: :~ed d;",,,ed f,o:h::'b::::'~f ~ot,;~O"' . . . . . . . . . . . . . . .. defendant, :
. 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; .
. , .Nane. , , . . , . . . . . . . . . . . . . . . . , , , . . . . . . . . . . /' . . . ' . . , . , . . , , . . . , .
. . . .. .. . /.. .. " .. .. . " .. , " . .. " .
. "-
: II v t~ cl.... / t io.A' , ·
. '~'ltW-' I~
. ^lI"I:~,it.:,/.UY [' I~.d!~f / 4t1f',('HH!. J. : ~
, /), / ",~
- '?"'7'~" }'., ~ hr~ :..
ii6 ;: )', / Prothonotary,"
" ""Y'-~ 18
t-.-. <<: _' _ .....'_' .lie-' '.. ,*' ::<<. .:iI:. .:<<- ':<<. ':<<. .:<<. .:<<. .:.:. ':<<. .:e:. .:.:. .:<<. .:<<. .:.:. 'le' .:c. -lfCo.. J
, '. .511~t. tad (i.~/- /;'1J1,1 "', 4 ~:Y
.5'/I'f'~ 7'Rfi~ /U:I..41I~ 4 #J..6, .
, ,
,I,
, ,
"
'I',:
t,'/'
'I,:
I,',
1.0',
'"
KATHY AYERS
Plaintiff
VS
THOMAS AYERS
Defendant
IN 'rHE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 95-4112
IN DIVORCE
CIVIL TERM
PROPmrY s....-w.Idl.~.a; ~........
THIS AGREEMENT made this J8r.1ctay of /JpW, jqq& by and
between Kathy Ayers, (hereinafter referred ta as Wife) and Thomas
Ayers, (hereinafter referred ta as Husband);
WITNESSETH:
WHEREAS, the parties hereto were married an July 30, 1982; and
have been and ace Husband and wife.
WHEREAS,
diverse,
unhappy differences,
disputes
and
difficulties have arisen between the parties and it is the
intentian .of Husband and Wife ta live separate and apart far the
rest .of their natural lives, and the parties hereto are desirous .of
settling fully and finally their respective financial and praperty
rights and obligatians as between each other, including, withaut
limitatian by specification; the settling of all matters between
them relating ta the ,ownership and equitable distribution of real
and personal property; settling of all matters between them
relating to the past, present and future support and/ar
maintenance, the settling of any and all claims and passible claims
by one against the other or against their respective estate.
NOW THEREFORE, in consideration of the promises and of the
mutual promises, covenants and undertakings hereinafter set forth
and for ather gaad and valuable consideratian, receipt .of which is
hereby acknowledged by each of the parties hereta, Husband and
Wife, each intending to be legally baund, hereby covenant and agree
as follaws:
1.
...r&l!T 01' nT1A:~ D"-:
The parties agree that unless
otherwise specifically provided herein, this Agreement shall
cantinue in full farce and effect after such time as a final decree
in divarce may be entered with respect to the parties.
2.
.a.ftD___~ 1ft) _ I......DnD...~ I. DT1I\.~ nlrt"D..:
The
parties agree that the terms .of this Agreement shall be
incarparated inta any divar.ce decree which may be entered with
respect to them.
3.
InUI_III" S DDTS:
Husband represents and warrants ta
Wife that since the separatian he has nat and in the future he will
nat contract or incur any debt or liability for which Wife or her
estate might be responsible and shall indemnify and save harmless
Wife fram any and all claims .or demands made against her by reason
.of debts .or .obligations incurred by him.
4.
un's Dmrrs:
Wife represents and warrants ta Husband
that since the separatian she has nat and in the future she will
nat cantract .or incur any debt or liability far which Husband or
his estate might be respansible and shall indemnify and save
harmless Husband from any and all claims or demands made against
him by rea san .of debts or .obligations incurred by her.
5. .......a.y. Dsrr.."'''~: SUbjeot to the provisions .of this
Agreement, eaoh party has released and discharged, and by this
Agreement does for himself .or herself and his .or her heirs, legal
representatives, executar, administratars and assigns, release and
discharge the ather of and fram all causes .of actian, claims,
rights, or dem~nds, whatsaever in law .or equity, which either of
the parties ever had or now has against the other, except any or
all cause .or causes .of action for divorce and except any or all
causes .of action fram breach .of any pravisions of this Agreement.
6. g~,. pgoP~I: The marital home at 379 Old state Raad,
Gardners, Cumberland Caunty, shall be the praperty of Husband
together with any liens or martgages therean. Husband will use his
best efforts to secure a release .of wife from all liability
relating ta any liens or mortgages on this praperty. In the event
that such a release cannat be .obtained, Husband agrees to indemnity
and hald wife harmless against all claims relating ta any liens or
martgages an this property.
7. DIVISI~ 01' pIID-&L PROPIlIl'l'Y: Wife shall receive the
fallowing persanal praperty currently in the passessian of Husband;
Two ten-speed bicycles, one green suitcase, and one parch swing.
The remainder .of the parties persanal praperty has heretafare been
divided ta their mutual satisfactian. Henceforth, each of the
parties sh~ll own, have and enjoy, independently .of any claim of
right .of the other party, all items .of personal praperty of every
kind, nature and description and wheresoever situated, which Bre
now owned .or held by .or which may hereafter belang ta the Husband
or Wife respectfully, with full pawer ta the Husband .or the Wife to
dispose of same as fully and effectually, in all respects and for
all purpases as if he or she were unmarried. All items of personal
property shall be divided between the parties as provided herein.
8. D__al. .....-..1'S: All items .of persanal effects such as,
but nat limited ta: Jewelry, luggage, sports equipment, hobby
callectians and baoks, but not including furniture .or any property,
persanal .or .otherwise specifically dispased .of pursuant to this
agreement, shall become the absalute and sale property of that
party who has had the principal use thereof .or ta wham the property
was given .or for wham it was purchased, and each party hereby
surrenders any interest he or she may have in any such tangible
personal property .of the ather.
9. pas:r<<* PLAIr: In consideratian .of the payment by Husband
to Wife of the sum of $9,500.00, payable at the signing .of this
Agreement, Wife hereby waives and relinquishes any and all rights
that she may have to proceeds of Husband's retirement plan now .or
at anytime in the future.
10. VKRT~.~: The 1981 Dodge Calt will be the praperty .of
Wife. The 1989 Nissan Pickup Truck will be the praperty of
Husband.
11. DDl'9:
a) The Husband and Wife shall be jointly
respansible far all existing jaint debts and liabilities incurred
by the parties except as otherwise provided herein.
(0) The Husband shall be respansible for all
existing debts and liabilities incurred in his awn name. The wire
shall be responsible far all existing debts and liabilities
incurred in her own name.
(c) The parties further agree that neither will
incur any future debts far which the other may be held liable, and
if either party incurs a debt for which the other will be liable,
that party incurring such debt will hald the ather harmless fram
any and all liability therean.
12. ArrIlII. &.1''''111111\ D_-A,L PIICI~!'I: Each .of the parties
shall hereafter awn and enjoy, independently of any claims or right
.of the other, all items of personal praperty, tangible or
intangible, hereafter acquired by him or her, will full pawer in
him .or her dispase of the same as fully and effectively, in all
respect and far all purpases, as though he .or she were unmarried
13. CCOJISEL --I Each party shall pay his .or her counsel
fees and expenses.
14. I)TVrmI"If: The parties hereto agree to enter inta a mutual
consent divarce. Wife has filed and will pursue the divorce as the
Plaintiff therein. Husband agrees ta sign the necessary documents,
including an Affidavit of Cansent and further instruments that my
be reasonably required tu give full force and effect ta the
provisions .of this Agreement. As to these signing; time is .of the
essence.
15. ~ or ~~~: Except as herein otherwise provided,
each party may dispose .of his or her praperty in any way, and each
party hereby waives and relinquishes any and all rights he or she
shall naw have or hereafter acquire, under the present or futur~
laws of any jurisdiction, ta share in the praperty or the estate of
the other as a result of the marital relationship, including
without limitation, dower, courtesy, statutory allawance, widow's
allawance, right ta take in intestacy, rig~t to take against the
will of the ather, and right to acct as administratar .or executar
.of the ath~r's estate, and each will, at the request .of the ather,
execute, acknawledge and deliver any and all instruments which may
be necessary .or advisable ta carry into effect this mutual waiver
and relinquishment of all such interest, rights and claims.
16. AD.~~: If either party breaches any pravision .of this
Agreement, the other party shall have the right, at his or her
electian, ta sue for damages for such breach .or seek such ather
remedies .or relief as may be available ta him .or her, and the party
breaching this contract shall be respansible far payment of legal
fees and casts incurred by the other in enforcing their rights
under this Agreement.
17. VOID M.AnsllS: If any term, condition, clause .or
provisian .of this Agreement shall be determined or declared ta be
vaid or invalid in law .or otherwise, then .only that term,
condition, clause or provision shall be stricken fram this
Agreement and in all ather respects this agreement shall be valid
and cantinue in full farce, effect and operation.
18. ....-IPrIVIIl ->>oDIIIGS: The descriptive headings used
herein are for canvenience only. They shall have na effect
whatsoever in determining the rights .or obligatians .of the parties.
19. IIID~d1J)1lII'1' SIlPAItA'l'II '-'-~II'1'S: It is specifically
understaod and agreed by and between the parties hereto that each
paragraph hereaf shall be deemed to be a separate and independent
covenant and agreement.
20. ~nntTInM~ I.~.~.-~: Each of the parties shall fram
time to time, at the request .of the ather, execute, acknowledge and
deliver to the ather party any and all further instruments that my
be reasonable requiI'ed to qi ve full farce and effect ta the
pravisions .of this Agreement.
21. ~~.T~ ~: This Agreement shall be construed under
the laws .of the Cammanwealth .of Pennsylvania and mare specifically
under the Divarce Code .of 1980.
22. atm..~ BIIIDIIIG '* DT1l.Q: Th i s Agreement sha 11 be
binding and shall inure to the benefit of the paries hereta and
their respective heirs, executors, administratars, successars and
assigns.
23. ~DU!I: llnD.....oIl._..: This Agreement contains the entire
understanding of the parties and there are na representatians,
warranties, covenants .or undertakings other than thase expressly
set forth herein.
24. IIODIPICA.'!I~ AlII) 1IAIVIlR: A madificatian .or waiver of any
of the provisians .of this Agreement shall be effective .only if made
in writing and executed with the same farmality as this Agreement.
The failure .of either party ta insist upon strict perfarmance of
any of the provisions .of this Agreement shall nat be canstrued as
a waiver of any subsequent default .of the same .or similar nature.
25. ~ OPRIGHr9: The parties hereto have been infarmed
of their rights .or have been advised to seek counsel to inform them
of their tights under and pursuant to the Pennsylvania Divorce
Code. Both parties agree that this Agreement shall conclusively
pravide for the distributian of praperty under the said law ~nd
hereby waive, release and relinquish any further right6 they may
respectively have against the other for. alimony, alimony pendente
lite, equitable distribution of marital property, caunoel fees or
expenses.
Fram the date hereaf, each party may acquire either
personal or real praperty in their awn name.
Any property so
acquired shall be awned sulely by the individual and shall nat be
sUbject to any claim whatsaever by the other party.
26. InIlfn.rdOM OP uu,.;~:
Bath parties hereby agree to
execute any dacuments required to implement this Agreement.
27. PIlIAIICIAL DIlV'I.nmml!: The parties confirm that they have
relied an the substantial accuracy .of the financial disclosure of
other as an inducement ta the execution of this Agreement.
rR WYTMBSS WHBRBOP. the parties hereto have set their hands
and seals that date and year first above written.
<~ ~nA
~athy er
~;;:, (~.,/
Thomas A rs
'!
: '
, ,"
, :,
',',
r' , "1
i. ,\
" " I
I . C, )
'. , ,
J
'~. ,
(<, ) I' ~ ~
-:) ,
'.,;,
a ....~
IN 'IlJE CCXJR'I' OF CCM10N PLEAS OF
CUMBERLAND COUNTY. PENNSYLVANIA
Kathy Ayers,
Plaintiff
NO. 95-4112
IN DIVORCE
CIVIL TEPJII
vs.
Thamas Ayers,
Defendant
PRAECIPE TO TRANSMIT RECORD
To the Prothonotary:
Transmit the recard, together with the following infarmatian. to the court
for entry of a divorce decree:
1. Graunds for divorce: irretrievable breakdown under Section 3301 (c)
1:.11". .of the Divarce Code. (Strike out inapplicable sectian)
2. Date and manner of service of the canplaint: August 4, 1995
Certified Mail
3. Complete either Paragraph A. or B.
A. Date of executian of the affidavit of cons~nt required by Section
3301 (c) .of the Divorce Crxle: by the plaintiff April 4, 1996
by the defendant
April 18, 1996
B. (1) Date of execution .of the plaintiff's affidavit required by
Section 3301 (d) of the Divorce Code:
(2) Date .of service of the plaintiff's affidavit upon the defendant:
4. Related claims pending:
Nane
5. Indicate date and manner .of service of the natice of intentian to file
praecipe ta transmit record, and attach a capy of said notice under Sectian
3301 (d)(l)(J.) of the Divorce Code NIA
j/~
ttorney for Plaintiff/~i~l
KATHY AYERS,
Plaintiff
IN THE COURT OF COI{MON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
vs
95 - '/1/-1...
IN DIVORCE
CIVIL TERM
THOMAS AYERS,
Defendant
...~1Pl' I. D~'"~
DllDIlR SIIC'l'IOII 3301 (el OF 'l'IIIl nnln_ t'nI\.
NOW COMES, plaintiff, Kathy Ayers, by and thraugh her
attorney, Jahn L. Perry, Esquire, and states the follawing:
1. Plaintiff is Kathy Ayers whase current residence is 315
North Bal timare Avenue, Mt. Hally springs, Cumber land County,
pennsylvania.
2. Defendant is Thamas Ayers, whose current residence is 379
Old State Raad, Gardners, Cumberland Caunty, pennsylvania.
3. Plaintiff and Defendant have been banified residents of
the Commonwealth of Pennsylvania for at least six (6) manths
immediately proceeding this filing .of this Camplaint.
4. The Plaintiff and Defendant were married on July 30, 1982
in Gettysburg, pennsylvania.
5. There have been no prior actians .of Divarce .or far
Annulment between the parties.
6. The marriage is irretrievably braken.
7. Plaintiff has been advised that counseling is available
and that Plaintiff may have the right to request that the caurt
require the parties to participate in caunseling.
8. After ninety (90) days have elapsed fram the date .of the
filing of this Camplaint, plaintiff intends ta file an Affidavit
consenting ta divorce.
9. Plaintiff believes that Defendant may alsa file such an
Affidavit.
WHEREFORE, if both parties file Affidavits consenting to
divorce after ninaty (90) days have elapsed from the date .of the
filing .of this Complaint, Plaintiff respectfully requests that this
Honorable Court enter a Decree .of Divorce pursuant ta sectian 3301
(e) of the Divorce Cade.
Respectfully sUbmitted,
-
n L. Perry,
torney for Pl
South Hanaver
Suite 207
Carlisle, PA 17013-3321
(717) 243-1477
re
tiff
street
VDII'ICA'l'IOIf 01' PLIIADIIIGS
I verify that the statements made in the attached document are
true and carrect. I understand that false statements herein are
made subject ta the penalties of 18 Pa. c.s., Sectian 4904,
relating to unswarn falsificatians ta autharities.
Date:
7-.)(., '15
/ .
. ff.NJ
/
{/o'~ '
"
. ~
,.
<;
......"
-.
r....\,
<,J
"
".
"""
::ii
~
~
..I ~
..... ..
"] , ~
0 '" e
"I
"" ~ t ~.
~
": ~~
~~ tJ
~ .
. 04
\. ...
..., ..,
..,
:. (
<
t.
\
f
, ,
~--
f-
..
=
,.....J,
'"'
,~
,-'.,
'. r'l:)
'...-.
,
1
)
)
.- ~.._.-
,
.',' ,"
" ,-,
, c,'. , I
I
-r} '-"
[1: . ..;
,\
, ;, ::'J
, .. < I
'- ()
:":: I
. ~,.,
:!i';"l
~. n- I '~ ',' "'~} ~'\ l
;...... !
:.~ :":1
m' -',
KATHY AYERS
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
Plaintiff
vs.
CIVIL TERM
THOMAS AYERS
NO. 95-4112
IN DIVORCE
Defendant
,}
IIAIVIlR OF CDUIISI!U.TWG
KATHY AYERS, being duly sworn accarding to law, depases
and says:
1. I have been advised .of the availability of marriage
counselling and understand that I may request that the Court
require that my spouse and I participate in counselling.
2. I understand that the Caurt maintains a list of marriage
counselars in the Damestic Relatians Office, which list is
available to me upon request.
3. Being sa advised, 1 da not request that the Court require
that my spouse and I participate in counselling priar to a divorce
decree being handed down by the Court.
I understand that false statements herein are made subject to
the penalties of 18 Pa. C.S. section 4904 relating ta unsworn
falsification to autharities.
Sworn. and
.~nl
subscribed
, 1996.
-4y. ~.~
J<atliy ers
before me this ~ day
c,k it 1T
,/~ary Publ c .
/ / ;0
,
I
of
Notarial S~al
Jolin L. Porry, Notary PullIlo
Cllllele BOIU, c,,~ O4Irlancl CQ~
My Comml,.'lI"'1 f . tolll 141. ~kw, 30, 1
," , , , )
, :,"1 ,
,
-CJ " :!
( I : , ~ 'I
I
" " I:. "rj...,
.''If,
, .,;-, . :~I
'; " )
..( ~ I \l
:,',J I
.'
~: , J
-.1 -',
, ,
, ,
i
r , ., I
;-1 i<
, , .. I
: .,.
, r:'_; .:'!
,- ," I
':'
':i. c , .. , I
.1
'"11 I,
i':il
: .. . I)
. ~I-' ;\1'1
I
:::>
-.,J ~.
"
, "
'"
~ . II
,
- ,1
t, ,
I ....., :'J
r, , L"
'.'.1 , [11
,
" ~1
U . ,
. .. ~l")
, ~~ .;l'"
J' "l
,'~ :J]
,"" ~4 .~
"
I