HomeMy WebLinkAbout95-05382
IN THE COURT OF COMMON PLEAS
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OF CUMBERLAND COUNTY
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DECREE IN
DIVORCE
AND NOW, ,"",'" m(l(l.~" ,~,~"",. 19 ,~~",. It Is ordered and
OONAW LEE AKERS
decreed that ,."""""""""""""""",""""",.,., plaintiff,
and ",' '" ""~~~,~,~~"'" ,,",' ,",",' ,., '" ,,", 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:
DONALD LEE AKERS,
PLAINTIFF
V
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY
PENNSYLVANIA
NO, 95 - 5382
REBECCA ANN AKERS.
DEFENDANT
,
,
: CIVIL ACTION - LAW
: IN DIVORCE
MliIU'l'AL_ sJ;:'!'T!.EMEtfl'_l\.9FEEMErL'!'
THIS AGREEMENT made this ~ day of ~~,
19~, by and between DONALD LEE AKERS. and REBECCA ANN AKERS.
WITNESSETH:
WHEREAS, DONALD LEE AKERS, is an adult individual residing
at 820 North Arch Street. Mechanicsburg. Cumberland County,
Pennsylvania, 17055.
WHEREAS. REBECCA ANN AKERS. is an adult individual residing
at 600 Tyler Road, Apt, #76. Hinesville, Georgia. 31313, and
receiving her mail c/o Pricilla Diane Caviness, P,Q. Box 834,
Hinesville, Georgia. 31313.
WHEREAS, the parties hereto are husband and wife. having
been lawfully married on February 8. 1972. in York, South
carolina. and December 29, 1980. in Oklahoma City, Oklahoma:
WHEREAS. the parties have now separated I
WHEREAS, the parties are now desirous of settling fully and
finally their respective financial and property rights and
obligations between each other, including without limitation, the
settling of all matters between them relating to the ownership of
real and personal property, and in general, the settling of any
and all claims and possible claims by one against the other or
against their respective estates,
NOW, THEREFORE, in consideration of these premises, and of
the mutual promises, and undertakings hereinafter set forth, and
for other good and valuable consideration, receipt and
sufficiency of which is hereby acknowledged by each of the
parties hereto, each intending to be legally bound hereby,
covenant, and agree as follows:
1, ADVISE OF COUNSEL. The provisions of this Agreement and
their legal effect have been fully explained to the Plaintiff by
counsel for the Plaintiff, Susan Kay Candiello, Esquire. The
Defendant has been advised to obtain the advise of counsel, Each
party acknowledges that he or she has received independent legal
advice from counsel as they desire, and that each fully
understands the facts and has been fully informed as to their
legal rights and obligations, and each party acknowledges and
accepts that this Agreement is, in the circumstances, fair and
equitable, and that it 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 duress, undue influence, any improper or illegal agreements.
2, fgR~~_~lULQ~~p., The parties may at all times
hereafter, live separate and apart, Each shall be free from all
control, restraint, and interference and authority, direct or
indirect, by the other. Each may reside at such place or places
as they select, The parties agree they will cease ~nY~Qrm of
contact with each other, unless such contact is necessary and
directly related to the health and well being of their children.
Each may, conduct, benefit from, carryon or engage in any
business, occupation, profession, or employment which to them
seems advisable, They shall not molest, harass, disturb, or
malign each other, or the respective families of each other, nor
compel or attempt to compel the other to cohabit or dwell by any
means or in any manner whatsoever with the other. Neither party
shall interfere with the use, ownership, enjoyment or disposition
of any property now owned by or hereafter acquired by the other,
3, MY~UA~_CQ~~~N~_AIVORg~. The parties acknowledge that
Plaintiff initiated an action in divorce on October 10, 1995 in
the Cumberland County Court of Comnon Pleas docketed at No. 95-
5382. It is the intention of the parties that by this Agreement
they have resolved all ancillary economic issues attendant to
this Divorce action, The parties acknowledge and agree that upon
the expiration of the ninety (90) day waiting period provided for
under the Divorce Code each shall sign and file an Affidavit of
Consent to Divorce with Susan Kay Candiello. Esquire. counsel for
Plaintiff, to be submitted to the court with a Praecipe to
Transmit Record, Vital statistics Form and any and all other
documents necessary to precipitate the prompt entry of a divorce
decree,
4, !;lllLP.RM., The paL"ties are the parents of three (3)
children. Joseph Lee Akers, born January 5, 1973, Vanessa Ann
Akers, born January 30, 1975, and Adam Christopher Akers, born
February 24, 1977, Each of the children are eighteen (18) years
of age or older and are no longer under the custody of either
parent,
~QllJ'!'l\JLL~.JH ~,),R I BI1'rJ ON
5, AUTO!iOBI.1~,
(a) 1983 Chevrolet Celebrity, 1991 Geo Metro, 1976
Ford Truck, and 1973 Chevrolet Pick up Truckl Defendant agrees
Plaintiff shall retain possession of, receive as his sole and
separate property the 1983 Chevrolet Celebrity, 1991 Geo Metro,
1976 Ford Truck, and the 1973 Chevrolet Pick up Truck, along with
the rights under any insurance policy thereon, and the
responsibility for payment of any outstanding indebtedness
pertaining thereto and insurance thereon, Plaintiff shall
indemnify and hold Defendant and her property harmless from any
liability, cost, or expense, including attorne: 's fees, incurred
in connection with each of the above identified vehicles.
(b) 1987 Pontiac Grand AmI Plaintiff agrees Defendant
shall retain possession of and receive as her sole and separate
property the 1987 Pontiac Grand Am, along with any rights under
any insurance policy thereon. and the responsibility for payment
of any outstanding indebtedness pertaining thereto and insurance
thereon, Defendant shall indemnify and hold Plaintiff and his
property harmless from any liability, cost. or expense. including
attorney's fees. incurred in connection with the automobile.
6. PERSONAL LOANS-8NP__~B1R
(a) Plaintiff agrees he will assume all debt associated
with the following credit cards and personal loans, UP TO THE
DATE OF SEPI'.BaTIOf'L_M~S:I:LJLJ~.2.~-,_
1, Sears
2, Montgomery Ward
3, Oklahoma city Bank Visa
4. First Financial Master Card
5, Security Pacific. (st. Louis), Personal Loan
(b) Defendant acknowledges the responsibility for any debt
created with any of the above identified sources or any other
sources M'TER _.TliJj: DATE OF SJ;;UM.T.19liL-MsgH._ILJ 995-,_ Def endant
further agrees to accept responsibility for any debts created
9.Y.tiruLJ;he marri>l_9-e_____9LjlH,~.L. the seP.<H:ll.t.i.9.ll__l{h;. c;!LPI ainti ff has
no knowledqe of,
7, 1JFIL ..1tlSURIlN.~, Plaintiff agrees to continue to
maintain the present life insurance policy in effect upon
Defendant. until her death. co-habitation or marriage with
another individual,
Defendant agrees that she will remove the Plaintiff as a
beneficiary, and establish as the sole beneficiaries of this life
insurance policy each of the parties' three (3) children.
8. aktMQNI. Plaintiff agrees to make payments of FIVE
HUNDRED DOLLARS ($500,00) PER MONTH, for Five (5) years,
beginning on the first (1st) day of the first (1st) month after
the Divorce Decrees are issued. This money shall be considered
alimony to provide Defendant with the ability to rebuild her life
apart from Plaintiff. Plaintiff agrees to continue to claim the
alimony payments as income to him and retain tax responsibility
for these monies,
9. PENSION AND RETtEE~~lT_Y.~A[e, Defendant hereby waives,
relinquishes, and forever abandons any interest in and to any of
Plaintiff's Pension and/or Retirement Plans, from Plaintiff's
military service. Defendant hereby waives, relinquishes, and
forever abandons any interest in and to any benefits as the
spouse of a retired military person. Plaintiff and Defendant
shall both agree to execute any and all documents necessary to
effectuate the terms of this subparagraph,
10. PERSQ~A4_ANrr~J~~~~~hN~OUS PROPERTY. Plaintiff and
Defendant acknowlege that they have divided all personal
property, appliances, and household property to their mutual
satisfaction, Defendant acknowlf!dges she has retained l1J.1. the
household property, appliances, etc" accumulated by the parties
during their marriage, Any and all property not specifically
addressed herein shall be hereafter owned by the party to whom
the property is titled; and if untitled. the party in possession.
This Agreement shall constitute a sufficient bill of sale to
evidence the transfer of any and all rights in such property from
one party to the other.
11. COUNSEL FEES, COSTS__ AND El{PENSES Plaintiff and
Defendant shall each be responsible for their individual legal
fees, costs, and expenses incurred in connection with the
dissolution of this marriage, and the preparation and execution
of this Agreement.
12. MODIFICATION No modification, rescission, or amendment
to this Agreement shall be effective unless in writing signed by
each party to this Agreement,
13. M:.~I,LC_l\T1QN OL._L-1iH All acts contempl ated by this
Agreement shall be construed and enforced under the laws of the
Commonwealth of Pennsylvania in effect as of the date of
execution of this Agreement,
14,
This Agreement may be
I\Q Rl;;EIH:tj'L tiQJ'. TO BE.. !1ERQgo
incorporated into a decree o( divorce for purposes of enforcement
only, but otherwise shall not be merged into said decree. The
parties shall have the right to enforce this Agreement under the
Divorce Code of 1980, as amended, and in addition. shall retain
any remedies in law or equity under this Agreement as an
independent
specifically
contract.
such remedies
in
law
or
equity are
not waived or released.
IN WITNESS WHEREOF, the parties hereto set their hands and
seals on the dates of their acknowledgements,
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DONALD LEE AKERS
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REBECCA ANN AKERS .
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DONALD LEE AKERS, IN THE COURT OF COMMON PLEAS
PLAINTIFF OF CUMBERLAND COUNTY
PENNSYLVANIA
V NO. 95-5382 CIVIL TERM
REBECCA ANN AKERS, CIVIL ACTION - LAW
DEFENDANT 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 S 3301(c) of
the Divorce Code.
2. Date and manner of service of the complaint:
1995, via U.S. Mail, First Class, Certified,
Requested, postage prepaid.
On October 26,
Return Receipt
3. Date of execution of the affidavi t of consent required by
Section 201(c) of the Divorce Code I by Plaintiff, January 14th,
1996; by Defendant, January 2nd, 1996.
4. Date of service to the Defendant of Notice of Intention to
Request Entry of Divorce Decree: February 6, 1996, (See attached
copy of Notice and the Proof of Service).
5. Related claims pending I None.
c
Susan Kay Can iello
Attorney f~P aintiff
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DONALD LEE AKERSf
PLA tNT FF
v
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY,
PENNSYLVANIA
<}l-- sJi',L;
NO. CIVIL r~
CIVIL ACTION - LAW
I ACTION FOR DIVORCE
REBECCA ANN AKERS,
DEFENDANT
NOTICE OF RIGHT TO COUNSELING
You are one of the parties in the above oaptioned aotion in
Divoroe. By virtue of Seotion 202 of the Pennsylvania Divoroe
Code, it is the duty of the Court to advise both parties of the
availability of oounseling and upon request to provide both
parties a list of qualified professionals who provide suoh
servioes.
Aooordingly, if you desire counseling, please advise in
writing promptly by replying tOI Prothonotary, Cumberland County
Courthouse, 1 Courthouse Square, Carlisle, Pennsylvania, 17013.
jL~~-,- P lv....tb-, ~.,
Prothonotary ,
DONALD LEE AKERS,
PLAINTIFF
IN THE COURT OF COMMON PLEAS
I OF CUMBERLAND COUNTY,
PENNSYLVANIA
'H.... f3i~
NO, CIVIL I~~
CIVIL ACTION - LAW
ACTION FOR DIVORCE
V
REBECCA ANN AKERS,
DEFENDANT
COMPLAINT FOR NO-FAULT DIVORCE
UNDER 3301(C) OF THE DIVORCE CODE
1. Plaintiff is DONALD LEE AKERS, who
North Aroh street, Meohaniosbur;
Pennsylvania, 17055, and has resided in
(6) munths.
ourrently resides at 820
Cumberland County,
Cumberland County for six
2. Defendant is REBECCA ANN AKERS, who currently resides at P.O.
Box 834, 600 Tyler Road, Apt. '76, Hinesville, Georgia, 31313.
3. Plaintiff has been a bona fide resident in the Commonwealth
for at least six months immediately previous to the filing of
this Complaint.
4. The Plaintiff and Defendant are husband and wife and were
lawfully married on February 8, 1972, in York, 80uth Carolina,
and a second time on December 30, 1980, in okalahoma City,
Okalahoma.
5. Plaintiff is retired from, but was in the military services
of the United States for twenty (20) years during the marriage.
6. There have been no prior actions of divorce or for annulment
between the parties except this Complaint filed for divorce.
7. Plaintiff and Defendant have been advised of the availability
of counaeling, and of the right to request that the Court require
the parties to participate in counseling.
8. The marriage is irretrievably broken.
9. After ninety (90) days have elapsed from the date of filing
of this Complaint, Plaintiff intends to file an Affidavit
consenting to a Divorce. Plaintiff believes that Defendant may
also file such an Affidavit.
WHEREFORE, Plaintiff respectively requests if both parties
file affidavits consenting to a divorce after ninety (90) days
have elapsed from the date of filing of this Complaint, this
Honorable Court enter a decree of divorce pursuant to Section
3301 (c) of the Divorce Code.
Respectfully Submitted,
DATED I October ~, 1995
DONALD LEE AKERS,
PLAINTIFF
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY,
PENNSYLVANIA
'/.f. I' ~ J"..
NO. CIVIL r;,~_
CIVIL ACTION - LAW
ACTION FOR DIVORCE
V
REBECCA ANN AKERS,
DEFENDANT
~RIFICATION
I, DONALD LEE AKERS, verify I am the Plaintiff in the
foregoing action, that the attached Complaint for Divorce is
based upon information which has been gathered by my counsel in
the preparation of this lawsuit. The language of the Complaint
is that of my counsel and not mine. I have read the Complaint
and to the extent that it is based upon information which I have
given to my counsel, it is true and correct to the best of my
knowledge, information and belief. To the extent that the
contents of the Complaint is that of counsel, I have relied
upon counsel in making this Verification.
I understand that I am subject to the penalties of lS Pa.
C.S. section 4904 relating to unsworn falsification to
authorities for any false statements that I have made in the
foregoing Complaint,
DATE: October r , 1995
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- DONALD LE KERS
DONALD LEE AKERS,
PLAINTIFF
V
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY
PENNSYLVANIA
NO. CIVIL
CIVIL ACTION - LAW
ACTION FOR DIVORCE
REBECCA ANN AKERS,
DEFENDANT
CERTIFICATE OF 8ERVICE
I, Susan Kay Candiello, Esquire, hereby certify that a true
and correct copy of the foregoing COMPLAINT FOR DIVORCE was
served by first class mail, postage prepaid upon:
Rebecca Ann Akers
C/O Priscilla Diane Caines8
P.o. Box 834, Apt. '76
600 Tyler Road
Hinesville, Georgia, 31313
Date: October~, 1995
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LAW OFFICES OF
GATES a'-ASSOCIATES, P.C.
LCMILlII. CIAIU
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IUUllICAY CWlDtILLO
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January 30, 1996
Rebecca Ann Akers
P.O. Box 588
Walthourville, Georqia 31333
Our C1ientl Donald Lee Aker.
Docket No. 95-5382
Dear Ms. Akers:
Beqinninq January, 1996, Pennsylvania instituted
requirement that the Defendant be provided and served with
of Intent to Request Entry of a Divorce Decree", prior
finalization of the divorce.
a new
"Notice
to the
Enclosed you will find such a Notice, and a copy of the
praecipe to Transmit Record, which will be filed with the court to
finalize the divorce.
upon my return receipt of your acceptance of this Notice, I
will file for your final divorcee decree. You can anticipate
receivinq a final divorce decree on or abo~t the end of Pebruary or
the beqinninq of March, 1996.
Very truly yours,
C'_.,...Cul:1'" R~....(~<J:~
Susan Kay ca~llo
Enclosures
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DONALD LEE AKERS,
PLAINTIFF
I IN THB COURT OF COMMON PLEAS
I OF CUMBERLAND COUNTY
I PENNSYLVANIA
I
V
REBECCA ANN AKERS,
DEFENDANT
NO. 95-5382 CIVIL TERM
CIVIL ACTION - LAW
IN DIVORCE
IIOTICI 01' =:r.I:'TI':r -:fa?!;; -::a:I~Il:' D~~:CI DlCUI
'1'01 REBECCA ANN AKERS, DBFENDANTI
DONALD LEE AKERS, PLAINTIFF, intends to file with the court
the attached Praecipe to Transmit Record on or after February 20,
1996, requestinq that a final decree in divorce be entered.
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DONALD LEE AKERS.
PLAINTIFF
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY
PENNSYLVANIA
NO. 95-5382 CIVIL TERM
CIVIL ACTION - LAW
IN DIVORCE
V
REBECCA ANN AKERS,
DEFENDANT
AFFIDAVIT OF CONSENT
1. A Complaint in Divorce under Section 3301(c) of the
Divorce Code was filed on october 10, 1995.
2. The marriage between the Plaintiff
irretrievably broken and ninety (90) days have
date of filing the Complaint.
3. I consent to the entry of a final Decree in Divorce.
4. I understand that if a claim for alimony, alimony
pendente lite, equitable distribution of marital property,
counsel fees or expenses has not been filed with the Court before
the entry of a Final Decree in Divorce, the right to claim any of
them will be lost.
5. I 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,
and Defendant is
elapsed from the
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. section 4904, relating to
unsworn falsification to authorities,
DATE: ~~ ~
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E CC ANN AKERS
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