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Home My WebLink About95-04868 >- cv - - :.c V) , -7 ~ - - :J; V) ~ \ I I / € ~ J 00 -' 00 ::t , .' .~.~.~**.~*~.**-***.~***.~.*.)*.~*.~.~*.~~*~ , ~ ....., ~ ~... ~. ..,.... ~ . - ~ .. ' ~: ~, ~ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY ~ STATE OF ~~ PENNA. ~ ',') ~:' , ~I , , ...,1 ~II .1 ~: 0"/ ~, ~I .. . ' ~: , ~i ",',. CAROL ROTH SHILEY, II) :\ << ). 95-4868 Plaintiff ~: \'I'r:..tL~ ~i ".J ELWOOD GEORGE SHILEY, ~, Defendant ~: ~; ~ ',' DECREE IN DIVORCE ~I ~; ~: "I $\ ~i ~I . , , ~' .j jEi ~! ~i ~l ~l ~ ~ ~l ~! AND NOW, ., ,~, u,t....lo.c..r, Ll, 19 95,. , , ' it is ordered and Carol .Ruth. Shiley. , " plaintiff, defendant, decreed that and EIW,Qod George Shi.ley ore 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: The Marital Settlement Agreelllli!nt dated Npvelllper7, ,1995 is hereby incorporated into this Decrli!e lo Divorce. ~. JI, TY. W~IA.~ /)A,., J.. All.,:: \}~'l.')tU ('(Jt:r~, 1~~7 .I ~~ <r J ,(. k- ,,:"':":h- ~4 ........t,)lhonol.H\ ~' ~ ~ ~ . . ~: I ~ ~ ~ ~ .~ ~ ~ ~ ~ ~ ~: - ~ ~: ~ ~ ~ -. ~: ~: ~ :. ,', ~ ~ ',' ~ ~ " ~ ~ '.' ~ '.' ~ ~ " w ',' v '.' ~ I~ Ir.' )~ I:' /w ',' i ~~ I':' , .~ ;~ , . '~ :.~ .~ , : '~ ~ " ~ :~ ~ '.. ~ ~ ~ ~ ~ ~ ~ ~ ~ .. ~ ,~ I -3 ft. 13.ft, ad. t'~ ~~JI/~ 4~ 0~ 71'~ /1~t.1l/~ 4- ~~ .~ . .- CAROL RUTH SHILEY, PLAIIITIFF IN THE COURT OF COIOCOII PLEAS CUMBERLAIIDCOUIITY, PEKHSYLVAIIIA 110. 9S - 4868 CIVIL TERM v. ELWOOD GEORGE SHILEY, DEFEIIDJUIT III DIVORCE PRAECIPE TO TRANSMIT RECORD To the Prothonotary: Please transmit the record, together with the following information, to the Court for the entry of a divorce decree: 1. Ground for divorce: irretrievable breakdown under Section 3301(c) of the Divorce Code. 2. Date and manner of service of the complaint: September 13, 1995, by certified U,S. Mail, restricted delivery, on the Defendant, 3. Date of execution of the affidavit of consent required by Section 3301(c) of the Divorce Code: by plaintiff December 13, 1995; by defendant December 14, 1995. 4. Related claims pending: None, the Marital Settlement Agreement dated November 7, 1995 is to be incorporated into the Decree in Divorce, 1hClW"J I). ~J4 Thomas D. Gould Attorney for Plaintiff >- CI ~ ~ M Z i~ M :::J:;: Q.,. - U:~~ G' a: L.")::::i ~~t '.' .~ \.0 =....[-:, .. N 'J:',: o:~:t.;' <..: '-#.. lU'U r- l.l: ,",C_ C :;; "- In :-J 0 C' U t-... _. ,.",- ~j- ;' ,...- ':-,: -,,"." ':"- " C~". '~~~\M;W~~~:~' " .,,,,' c',..." "...~I~o'.' -. ,- " ,~, ~,~~~;~?~ ~:~t&.. '." .Ut '~:i~C. ;,' .,;~~;.;";;ii;i'~:llll . \' . 'o)iJ\:' ;1. ~ y e ~I _t , ".,' ~ :'~;;:I ~~:..- 1'1 ~:. .' .::'- "r, " . .~..,.~. ..,,, AtTORN'\' ,,'I' LAW .l! ~ .....'.. 5TIIf,[ I ~HIMM"N~t()_" ,..... 11011 111-731--'..' , MARRIAGE SETTLEMENT AGREEMENT THIS AGREEMENT made this 7 th day of Lj} tf7J't11t.~L , 1995, by and between Elwood G. Shiley, (hereinafter referred to as "Husband,") and Carol R. Shiley, (hereinafter referred to as "Wife"). WITNESSETH: WHEREAS, the Husband and Wife were lawfully married on September 3, 1960; and WHEREAS, differences have arisen between Husband and Wife in consequence of which they intend to live apart from each other; and WHEREAS, Husband and Wife desire to settle and determine their rights and obligations; and NOW, THEREFORE, the parties intending to be legally bound hereby do covenant and agree as follows; 1. SEPARATION It shall be lawful for each party at all times hereafter to live separate and apart from the other party at such place or places as he or she may from time to time choose or deem fit. The foregoing provisions shall not be taken as an admission on the part of either party as to the lawfulness or unlawfulness of the causes leading to their living apart. 2 . INTERFERENCE Each party shall be free from interference, authority, and contact by the other as fully as if he or she were single and unmarried except as maybe necessary to carry out the provisions of the agreement. Neither party shall molest the other or attempt to endeavor to molest the other, nor compel the other to cohabit with the other, or in any way harass or malign the other, nor in any way interfere with the peaceful existence, separate and apart from the other. 3. DIVISION OF PERSONAL PROPERTY The parties have agreed to divide between them and already have divided between them to their mutual satisfaction the personal affects, household furniture and furnishings and all other articles of personal property which heretofore have been used by them in common. Neither party will make any claim to any such items which are now in the possession or under the control of the other. 4. AUTOMOBILES The parties agree that wife will become the sole owner of the 1989 Chevy Cavalier valued at $2,500.00. Wife shall maintain separate insurance on her vehicle and be responsible for all maintenance and other expenses related to her vehicle. It is also agreed that husband will become the sole owner of the 1995 GMC Custom Van valued at $35,000.00. Husband shall maintain separate insurance on his vehicle and be responsible or all maintenance and other expenses related to his vehicle. 5. DIVISION OF REAL PROPERTY The parties are the owners of a property at 637 Bosler Avenue, Lemoyne, Pa 17043. The home is currently appraised at $75,000.00. The parties agree that husband will remain in the home. Husband agrees to pay wife the sum of $37,500.00 (1/2 of the current appraised value) upon such time as husband moves out, remarries, cohabits with someone of the opposite sex or the house is sold, whichever occurs first. Husband agrees to indemnify and hold Wife harmless for any and all liability related to the property and to pay all taxes, maintenance, utilities, insurance or other expenses related to the property. Husband shall execute a Note and mortgage in the amount of $37,500.00 to Wife to protect her interest in the marital home. 6. MARITAL DEBTS Husband shall be responsible for all marital debts solely in his name and Wife shall be responsible for all marital debts solely in her name. There are no joint marital debts. 7. DIVISION OF FINANCIAL ASSETS The parties are joint owners of a number of financial accounts. The parties have a Money Market Savings account ($6,000.00), a Merrill Lynch IRA ($10,000.00) and a Dauphin Deposit CD ($5,000.00). The parties also have approximately $11,000,00 in a safe at the marital residence. Wife is to receive $16,000.00 from the above assets. The parties are also joint owners of a $10,000.00 CD that was a gift from husband's mother. Wife agrees to relinquish her right and interest in this CD. Wife and husband shall continue to maintain the funds in their separate accounts and retirement and/or 401(k) plans and each party relinquishes any and all rights in the other's separate accounts and retirement and/or 401(k) plans. 8. TAX RETURNS Husband and Wife agree to discuss filing a joint tax return in 1995 and separate returns in all subsequent tax years. 2 9. DIVORCE The parties shall execute Affidavits of Consent upon the expiration of the mandatory 90 day waiting period and shall cause those Affidavits to be filed with the Court in the divorce action which Wife has commenced in the Court of Common Pleas of Cumberland County and docketed to No. 95-4868. wife's attorney, Thomas D. Gould, Esquire, is hereby instructed and directed to take all steps necessary to obtain a final Decree in Divorce under Section 3301 (c) of the Pennsylvania Divorce Code. 10. INCORPORATION INTO DIVORCE DECREE This agreement is to be incorporated into any subsequent Degree in Divorce. 11. CONTINUED COOPERATION Each party agrees to execute such assignments, titles, or other documents as may be reasonably necessary or desirable to put into full effect the terms of this Agreement and shall do so upon the reasonable request of the other party. 12 . 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, and the party breaching this contract shall be responsible for the payment of legal fees and costs incurred by the other in enforcing their rights under this agreement or for seeking such other remedies or relief as may be available to him or her. 13. VOLUNTARY AGREEMENT The provisions of this agreement are fully understood by both parties and each party acknowledges that the 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. 14. WAIVER 0.. CLAIMS 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, alimony, alimony pendente lite, counsel fees and expenses, and right to claim equitable distribution of marital property. 3 15. BINDING AFFECT This agreement shall be binding upon the parties' heirs, successors and assigns, 16. MODIFICATION AND WAIVER Any modification or waiver of any of the provisions of this agreement shall be effectiv'! only if made in writing and executed with the same formalities 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. 17. PRIOR AGREEMENTS It is understood and agreed that any and all prior agreements which may have been made or executed or verbally discussed prior to the date and time of this agreement are null and void and of no affect. 18. 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. 19. DESCRIPTIVE HEADINGS The descriptive headings used herein are for convenience only. They shall not have any binding affect whatsoever in determining the rights or obligations of the parties. 20. APPLICABLE LAW This agreement shall be construed under the laws of the Commonwealth of Pennsylvania. "'''' ~:::'~ ~OF. tho parti.s ..t th.ir hands and ",'s /~ /~.s-J.~ Witness Date "j t ):II~j i ': --' Witness e~:f.i~'~ " ( ) , 1 I J'-:, !, , , Carol R. Shiley Date 4 Nota Nt"'l ,; ~eal Joyce E \.;- -,. ~'Ja!a~; Public Ha'r~~::-u'~;. :'ilU~hln Cour:ty tA'{ Ct'''i:t";llSSICr, :~t.:...?S Au .3. 1998 Commonwealth of Pennsylvania: ss County of 'If ~ t , PERSONALLY APPEARED BEFORE ME, this) day of ",c'\I"t,t,;" , 1995, a notary public, in and for the Commonwealth of Pennsylvania, Elwood G. Shiley, known to me (or satisfactorily proven to be) the person whose name is subscribed to the within agreement and acknowledged that he executed the same for the purposes herein contained. IN WITNESS WHEREOF, I have hereunto set my hand and official seal. l' '" l 't "~h Commonwealth of Pennsylvania: ss County of Cumberland PERSONALLY APPEARED BEFORE ME, this?1k day of f}t51Xirnkl , 1995, a notary public, in and for the Commonwealth of pennsylvania, Carol R. Shiley, known to me (or satisfactorily proven to be) the person whose name is subscribed to the within agreement and acknowledged that she executed the same for the purposes herein contained. tJJ~ lfi]. ~ Notary Public NllIlNI SeoI LeoII M Coils. ~ l'I.t*: StiI",III_ 9clo. c_CGrIy ~Conl'l1$1IQtIE4no""'8, 1996 5 ..,.. .f~ ,D K'.;:\~'~~'.'; .~, ~ . :.~':\;':~'~"/\~ '8 ~".i,';~ili~:'.: \!i' ltj " , ,'::: ?~!~:. I~ oU"~..'" . \.wj)fr ;p.,", .~~ :1[- '. _ ...... ::;;t...~ii0&4.."., " . "t\"P;.~"L;i"f-t;;;.\.~'~;;-' ':'Ii~'" ;J"i~ :;.:' ';. '.:': :a'~'~';:, ~.;(- . .', ." 7-" t -a o ,IS) e .",n : ~i>- . ""':'4 'J . r'i. l cr' (6," 1i' '~ ., ,ii, ....... rl '- ~, 1J .~,' :- '.~. -'L. ;', },. " . ~!';-' " ".- ",-,,, -.', ,:' -'r' ~&,[1;f.1;.~t,.~-t'!V~"? ,c. 1 ~~::{~..;-~~f;!~ 7- ? }.~.~~; ~}~~>', ~,,;. ~ '. . .~ r..._~... :,y\:-:, :~.~~{:. . '; ....:;i;~'i~:,~~::\~\~ ,'..' ',.: ,.'- . . 1..'. .'. :>~ ..,' ". ."" . . '.-~~ \ , . '. ~ '-L", ,..i..,.i",'",.f.,.',~,:.,.:,:,.,~.>.,.~~.,.~,~.}.;i,::,:~,' :.. : :~~~~i;.::::~ < - _ ~ ",.. ~=- - ;'''- . , aAMtM' g). rJ..1J ..nO....[Y..T l"W Ir [ ....,.. S"'u:r 'HtMMA..stOWN. ". "041 71".731~Il'el . . .. , ,. ." '!. . . .~" ,.-. ",,- CAROL RUTH SHILEY, PLAINTIFF IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 95 - L\~(I'$; CIVIL TERM IN DIVORCE . . . . v. . , . , , . ELWOOD GEORGE SHILEY, 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 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 is indignities or irretrievable breakdown of the marriage, you may request marriage counseling. A list of marriage counselors is available in the Court Administrator's Office, Fourth floor, Cumberland County Courthouse, Hanover and High Streets, 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. Cumberland County Court Administrator Cumberland County Courthouse Fourth Floor Hanover and High Streets Carlisle, PA 17013 (717) 697-0371 CAROL RU~H SHILEY, . IN nlE COUR~ OF COMMON PLEAS . PLAIN~IFF . CUMBERLAND COUNTY, PENNSYLVANIA . : v. : NO. 95 - CIVIL ~ERM : ELWOOD GEORGE SHILEY, . IN DIVORCE , DBFBNDANT . . COMPLAIN~ UNDER SEC~ION 3301(c) OR 3301(d) OF ~HB DIVORCB CODB IN DIVORCE 1. The Plaintiff is Carol Ruth Shiley, who resides at 4747 Brian Road, Mechanicsburg, Cumberland County, Pennsylvania, 17055. 2. The Defendant is Elwood George Shiley, who resides at 637 Bosler Avenue, Lemoyne, Cumberland County, Pennsylvania, 17043. 3. The Plaintiff and Defendant have been bona fide residents of the Commonwealth of Pennsylvania for at least six months immediately prior to the filing of this Complaint. 4. The Plaintiff and Defendant were married on September 3, 1960 in Clinton County, Pennsylvania. 5. There have been no prior actions of divorce or annulment between the parties in this or any other jurisdiction. 6. The marriage is irretrievably broken. 7. The Defendant is not a member of the Armed Services of the United States or any of its Allies. 8. The Plaintiff has been advised of the availability of counseling and that Plaintiff may have the right to request that the Court require the parties to participate in counseling. --.... 9. plaintiff requests the court to enter a decree of divorce. /AtJn1u/} P .jv~ 1-1 Thomas D. Gould Attorney for Plaintiff I.D. # 36508 2 E. Main Street Shiremanstown, PA 17011 (717) 731-1461 Fax 761-1974 I verify that the statements made in this Complaint are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. 4904, relating to unsworn falsification to authorities. Date: q. /~. q~- ~.f.::'J -r~ . ..: ComIIItie 1_ 1 Ind/or 2 lor IddltianllllfVicll. .. ~ '- 3, end 4a. b. ". f'Ilnt your - end Idd"u on the"..,.. 01 IhlI lorm 10 \hit _ can mum IhlI CIId to you. · AttICh IhlI form to 1IIIIront 01 thl mollpllCl. Of on the beck II IPICI cion not permit. · Write "Retum Rocllpt Rlqueltld" on the mlllploce nlXt to the ertIcIe number. <! 3. Artk:Ie Addreuld to: E:1.wood Geor,ge Sh;ley ("g') t3osJer. A-Oe. J...emoyn'f. f::, 1')0'1'3 , I I 1110 wllh to rocllve 111I loIIowlng urvIcu llor In exul I..~~ 0 AddJlESIIICl , 2.~llrlcJ)E&dVER Conoull llmoller lor lu. 41. Article Number ::z S 4b. Service Type Rogiltered OlnlUred Certified .Ii. COO o Exp..II Mlil ltRIlUm Rocelpt lor 7.0 :0IOIl":"7-S- 8. Addreuee'l Addreu (Only If ~ end lu II plleIl 1I.-~lA II. SlgnlturllAgeml P8~.h.OctobIr 1810' .u.a GPCli '_1 DOMEmc RETURN RECEIPT ELWOOD GEORGE SHILBY, DErEIfDAIIT III DIVORCE v. III THE COURT or COMMOII PLBAS CUMBERLAND COUNTY, PEIIIISYLVAIIIA 110. 95 - 4868 CIVIL TERM CAROL RnH SHILBY, PLAINTIFF CERTIFICATE OF SERVICE I, Thomas D. Gould, attorney for Plaintiff, in the above captioned action for divorce, hereby certify that a conformed and certified copy of the complaint in Divorce was served upon the Defendant by Certified Mail No. Z 435 659 287, restricted delivery, return receipt requested, by depositing the same in the united States mail on september 13, 1995, pursuant to Rule 1920.4 of the Amendments to the Pennsylvania Rules of Civil Procedure relating to the Divorce Code. As indicated by the green return receipt card attached hereto, the Complaint was received by the Defendant on 9-14-95. fhtlrnfi/J 7) ~ Thomas D. Gould ID # 36508 Attorney At Law 2 East Main Street Shiremanstown, PA 17011 (717) 731-1461 >- 0 ?-,~ ~ ('') r ~'-~ ~~ M ~3~; n;P (~ ~.:.. l.J...r- ..... r"'" =~; 9,=, 0" U) . . ~- .. ~- - lJ...IC- C-.l ~~.:-: ~l" (,., .-i:., u:. .; l.J.: ...... F- .c....... c " t3 In ~ '01' U ~ 0 ~ ("') ... ~~ M :5 b::::: - u~ - a.. ~- r o::j 0 ~--/' .~- r.: _.0 "0 WO- N ::J .'- ~I" <..: ,~: /..: U;.' . LU"J r- ~' : ',\{l.. C;; :.;. ~ In ::> 0' u CAROL Rna SHILBY, . III THE COURT or COMMOII PLBAS . PLAINTIFF . CUMBERLANDCOUIITY, PEIIIISYLVAIIIA . . . v. . 110. 95 - 4868 CIVIL TERM . I ELWOOD GEORGE SHILBY, . III DIVORCE . DErBlIDAIIT I AFFIDAVIT OF COIISEIIT 1. A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed on September 13, 1995. 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety (90) days have elapsed from the date of the filing of the Complaint. 3. I consent to the entry of a Final Decree of Divorce. 4. 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. I verify that the statements made in this Affidavit are true and correct. I understand that false statements herein are subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. DATED: 1')./\"'/<-15 I i'Mi Elwood 0.0 ~ 0 ~ C'? 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