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IN THE COURT OF COMMON PLEAS '
~ .
: OF CUMBERLAND COUNTY ..
* .
~ .
~ STATE OF ~..', PENNA, I
. '
.. I ·
. ."..~M1W( ,~.."W,INT.E~-.BERRIJ;;.R...."..." I! .
. I N Il. """",?,~,7.~,~,95.",...."""... 1995
...... ,... ..,,,,,,,, .. Plaintiff ..........""
.: .i .
. V ::
.' Cl'SlIS ': ,
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. ""DAVID.,E: .J3J>RRIER, ..." i .
. ,I ::
.. .... ".. Defendant Ii .
· t.
, -
~ DECREE IN .
~ DIVORCE .
- .
; AND NOW, ... ..F.e.!.,~ .t>>.,.. Jr,.... ., 19.'.'.. It Is ordered and ~
_ decreed that ..... .~~~!".~ .~... .\'!~~:r~~7~~.~~~~~. . . . . . .. . . . . . . ". plaintiff, ~
~ and.............. ..~~Y~P. .F;:. !3.~~~~!>.~....................... 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 '
.': 8
been entered; None.
. AND IT IS FURTHER ORDERED, that the term6, condition6 and covenant6 8.
~ 6et forth in the written Separation and Property Settlement
iIi Xgreemenl:' made' 'arid' e'rit:ere'd . ih.t'd . by" 'eM' 'p'atti'es . bh' 'Febt\1dty' '9; . 1996, I!I
l" 8
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; ny The Cour~ ~ t :
. .. UJ... ~u:?tal .... w
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~~ " '~l-'~ K ~~, -9iolhonOlary :
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-AaA..... ANDR..--. illlll'l"l'l- AI1IJ--
Thia AareemenI.1IIIde lhIa .yI;'daYOf C::t.",,, ...,.-, , 1996. by and
between TAMMY R. WINTER-BERRIER. hereinafler referred I~ as "Wife", and DAVID E.
BERRIER. hereinafler referred 10 as "Huaband".
WITNESSETH:
WHEREAS, Huaband and Wife were lawfully married on December 19, 1992; and
WHEREAS, certain differences have uiaen between the putiea II a reaull of which they
have separated and now live separate and apart from one another. and are deairoua of seuIina fully
and fmallJ 1beir reapective flllUlCial and property righla and obligations as between each other.
indudina, without limitation by specifacation:
1. The settIins of all matten betw-,en them relating 10 the past. present and future
support and/or maintenance of Wife by Huaband or of Huaband by Wife; and
2. In Seneral, the seuIina of any and all claims and possible claims by one qwt
the other or ..wt their respective ealalea for equitable distribution of all marital property; and
3. A resolution of all marital responsibilities and riabla srowing out of the nwriase
re1alionIhIp; and
WHEREAS, the parties hereto. after beinS properly advised by their respective counsel.
Wife by her aIIomey. Liaa Muie Coyne, Esquire. and Huaband who baa had an opportunity 10
CODIult with hIa own lesal counsel but has chosen nollo. have come 10 the following qreement.
NOW, THEREFORE, in consideration of the above recilala and the followinS covenanla
and promiaea mutually made and mutually 10 be kepI the putiea heretofore. intendinS 10 be IeSally
bound and 10 IeSally bind their heirs, succeaaolll, and aaaisna thereby. covenant, promise. and
qree as follows:
1. SEPARATION: II shall be lawful for each party at all times hereafter 10 live
separate and apart from eech other al such place or places as he or she msy from lime to time
choo:lC or deem fit.
1
.
2. INTERFERENCE: Each party shall be free from interference, authority and
conlacl b)' the other. a fully a if he or she were aingle and unmuried, excepl a may be
n<<.,.-If}' 10 carry oul the provisions of thlJ Asreemenl. Neither party shall molesl the other nor
altempllO endeavor 10 molesl the other. nor compel the other 10 cohabil with the other. nor in any
way Iwua or malian the other. nor in any way inlerfere with the peaceable exislence, aeparale and
apart from the other in all respecla a if he or she were aingle and unmarried.
3. WlFE'S DEBTS: Wife represellla and warranla 10 Husband thai aince their
aeparalion on May 2, 1995. she ha nol. and in the fulUre she shall nOl, conlracl or incur any debl
or liabilily for which Husband or his Ealale mighl be responsible and shall indemnify and aave
Husband harmIesa from any and all claims and demands made l18ainal him by reuon of debla or
obligaliona incurred by her.
4. HUSBAND'S DEBTS: Husband represenlS and wamnla 10 Wife thai aince their
aeparaIion on May 2,1995, he ha nol. and in the fulUre he will nol. conlraCl or incur any deblor
liability for whidl Wife or her Eallle miabl be responsible and shall indemnify and safe Wife
harmIeu from an)' and all c1aima and demands made l18ainal her by reuon of debla or obligations
incurred by him.
5. OUTSTANDING JOINT DEBTS: Husband and Wife acknowledge and qree thai
they have no outatandina debla and obligations of the Husband and Wife including prior 10 the
aipina of this Agreemenl, excepl a foUowa:
Ilan
Penon Assuming
Reaponsibilily
Prudential Home MOll8l18e Co.
Loan No. 181526-5
Real Eallle Tues for 1995.1996
Husband
Husband
Each party agrees 10 pay the oUllllanding joinl debla eel fonh herein and further
qrees 10 indemnify and save hann1esa the other from any and all claims and demands made
l8ainal either of them by reaon of auch deblS or obligations.
6. MUTUAL RELEASE: Subjecllo the provisions of this Asreemenl, each party
waives his or her riabla 10 alimony and any further dislribution of properly inasmuch as the parties
hereto qree thai this Agreemenl provides for an equilable dislribution of their marital properly in
accordance with the Divorce Code 1980. Subjecllo the provisions of this Agreemenl. each party
2
hu fIlleUed and dischUSed. and by this Agreement does for himself or heraelf. and hia or her
heirs. leall representatives. executoll. adminiatratoll. and wigna. releue and discharge !he o!her
of and from all cauaes of action. claims. righla or demands whalaoever in law or equity which
either of the parties ever had or now have againat!he o!her. eKceplany or III cause or causes of
action for divorce and except in any or III cawses of action for divorce and except in any or III
causes of action for breach of any proviaion of !hia Agreement. Each pany a1ao waives hia or her
right to requeat marital counaeling purauantto 23 Pa. C.S.A. Section 3302,
7. EOUlTABLE DISTRIBUTION OF MARITAL PROPERTY: The parties have
aaempted to diatribute their marital property in a manner which conforms to the criteria set fOJ1h in
23 PL C.S.A. 83501. Cl.IIlQ., and taking into account !he followlna conaiderationa: !he leng!h of
marriqe; the fact that it ia !he fUllt marriage for Wife and fillt maniage for Husband; !he age,
health, station. amount and sources of income. vocationll akilla. employability, eslllle. liabilities
and needa of each of the parties; !he contribution of each party to !he education. training for
lnaeaaed eaminga power of !he other party; the opportunity of each party for future acquiaitiona
of capital aaaeIa and income; the sources of income or of bo!h parties. including but not limited to
medical. retimnent, insurance or o!her benefila: !he contribution or diasipation of each party in the
acquiaition. preservation, depreciation or appreciation of !he marital propeny, including the
contribution of each spouse u a homemaker; !he value of !he property set apart to each party; the
atandard of living that the parties establiahed in !he marriase; and the economic circumstances of
each party at the time !he diviaion of property ia to become effective.
The diviaion of exiating marital property ia not intended by the parties to
conatitute in any way sale or exchange of uaeIa. and !he diviaion ia being effected wi!hout the
inlroduction of outside funds or o!her property not conatituting marital property. The division of
property IIIIder this Agreement shill be in full satisfaction of all marital risllla of !he parties.
A. DISTRmUTION OF PERSONAL PROPERTY: The parties hereto mutullly
asree that they have affected a satisfactory diviaion of the furniture. houaehold fumishlnga.
appliances and other household perllOnll property between !hem and they mutually agree !hat each
party shall from and after the dale hereof be the sole and separate owner of all such tangible
perllOnal property presently in hia or her poaaeaaion. and this Agreement shall have effect of an
wignment or bill of sale from each party 10 the o!her for such property u may be in !he
individual poaaessio of each of the parties hereto.
3
The parties hereto have divided between !hemaelves to !heir mutualaatiafaction.
all items of tangible and intangible marital properly. Nei!her patty shall make any claims 10 any
Iud! ilems of marital properly. or of !he separate pcraonal property of each o!her. which is now in
the poneu1on and/or under the conlrol of !he o!her. Should il become necessary. !he parties each
qree to sign, upon request, any titles or documenlS necessary 10 give effect to !his paragrsph.
Property shall be deemed in !he poasession or under !he control of ei!her party if. in !he cue of
tanaible perIOnal property, !he item is physically in !he posaession or control of !he patty st the
time of !he signing of this Agreement and, in !he cue of intangible personal property, if any
physical or written evidence of ownership. such as pwbook, checkbook. policy or certificate of
insurance or other simi1ar writing is in !he poasession or conlrol of !he pllly. Husband and Wife
aha1l each be deemed to be in !he poasession and control of his or her own individual pension or
other employee benefilB. plans or retirement benefilS in any nsture wi!h !he exception of Social
Security llenefilB to which either pllly may have a vested or contingCllt right or interest al!he time
of !he signing of !his Agreement, and nei!her will make any claim against !he o!her for any interest
in such benefilB.
From and after !he date of !he signing of !his Agreemenl. be!h parties shall have !he
complete rr-Jom of disposition as to hisft1er separate properly and any properly which is in their
possession or control pursuanl to this Agreement and may mortgage, sell, grant, convey, or
otherwise encumber or dispose of such property. whether real or perIOnal. whether such properly
was acquiml before. dwing or after marriage and neither Husband nor Wife need join in, consent
to, or admowledse any deed. mortgage or o!her inslrUment of !he other pertaining 10 such
disposition of property.
B. DISTRIBUTION OF REAL ESTATE: Wife agrees to transfer 10 Husband
immediately upon signing of !his Agreement, all of her interest and title to !heir jointly owned real
estate 11118 Brick Chwth Rold. Enoll, Cumberland County, Pennsylvania, subject to !he rUBt
mortgage held by Prudential Home Mortgage Company (Loan No. 181526-5) and !he second
mortgage,.bome equity loan held ty PNC Bank in !he Husband's name alone in exchange for
which Husband agrees to take the necessary steps to refmance !he mOl1gages to remove Wife's
name from WIle, if applicable. Until completion of refmancing. Husband agrees 10 be solely
responsible for the payment of all future mOl1gage payments, taxes. insurance and utilily bills
relative to said real estate. Husband covenants and agrees 10 pay and discharge !he existing
mortgage obligations on said premises in accordance wi!h its tenna. and agrees to indemnify Wife
from any losa by reason of her default in !he payment !hereof and agrees 10 savc Wifc harmless
from any future liability wi!h regard !herelO. Husband shall complele thc required refinancing
4
within thirty (30) days from signins of this Agreement. In the evenlthal he has nol or cannol
refmance the home within thai time frame. then thaI home shall immediately he listed for sale with
a multi-sllle reallar and shall he sold with no leasonable offer heinS refused. Husband shall be
fully responaible for the coal of sale and for any IIlI consequences rcsultinS from the sale of the
home and Husband shall retain all proceeds from the sale of the home.
C. TAX LIABILITY: The parties believe and agree thaI the division of propel1y
hereCofOlll made by this Asreemenl is a non-taxable division of property between co-ownen rather
than alllllble sale or exchanse of such properly. Each pany promises nollo lake any poaition
with respect Ia the adjusted basis of the properly aaaisned 10 him or her or with reapeclto any
other Wue'I which is inconaistenl with the poailiona set fonh in the precedinS sentences on his or
her Federal or SIIIe Income Till Return.
8. MOTOR VEffiCLES: With rcspeclto the motor vehicles owned by the parties.
they qreelhal each motor vehicle titled in the Husband's name shall be the exclusive property of
the Husband. With rcspeclto the mOlar vehicles owned by the Wife, the parties agree thaI each
motor vehicle titled exclusively in the name of Wife shall be the exclusive property of the Wife.
9. HEALTH INSURANCE: After the date of entry of the Decree in Divorce. the
partiea aha1l be rcsponaible for obtainins their own individual health insurance coverase.
10. ALIMONY: Bot!! parties aclmowledse and agree thaI the provisiona of this
AsJeemenI providins for equitable distribution of marital property are fair. adequate and
lllliafactory to them and are accepted by them in lieu of a full and filial aettlemenlllld satiaflCtion
of any claims or demands thai either may now or hereinafter have l8ainal the other for support,
maintenance. or alimony. Husband IIId Wife further, voluntariJy and intel1isently. waive and
relinquish any riahlto seek from the other any paymenl for support or alimony.
11. ALIMONY PENDENTE LITE. COUNSEL FEES. AND EXPENSES: Husband
and Wife aclmowlodse and agree thai the provisiona of this Asreemenl providinS for the equitable
distribution of marital property of the panies are fair, adequale and aatiaflClory 10 them. Both
parties agree 10 accepl the provisiona SeI fonh in this Asreemenl in lieu of and in full and final
aettlemenl and satiaflCtion of all claims and dem.nda thaI either may now or hereafter have l8ainal
the other for alimony pendente lite. counsel fees or expenses or any other provision for their
support IIId maintenance before. durinS. and after the commencemenl of these proceedinsa for
divorce or annulmenl between the parties.
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12. INCOME TAX PRIOR RETURNS: The parties have hereunto flied certain joinl
Income Tu Re1uma lhrouah and includins Tu Year 1995. HWlband represents and warranla to
the Wife 1ha1 he hu heretofore duly paid all Income Taxes due on such returns; and he does nol
owe any inlereat or penalties with respeclthereto: and thaI no lU deficiency is pendins or
threatened qainat him: and that no ~udil is pending with respecl to any such return. U there is any
deficiency aueument on any of the aforesaid returns, the HWlband shall give Wife immediate
notice thereof, in writing. The HWlband further warrants that he shall pay the amount ultimately
detennined to be due, together with interest and penalties, if any. u well u all ellJlellS6lthat may
be Incurred if he decides to contest the useasmenL Further, regarding the 1995 Income Tu
Re1uma, the parties agree 1ha1 any refund(s) due from those return(s) shall be divided one.half to
Hlllband and one-half toWife.
13. WAIVERS OF CLAIMS AGAINST ESTATES: Except u herein o!herwise
provided. each party may depose of his or her property in any way. and each property hereby
waives and re1lnquishea any and all riahla he or she may now have or thereafter acquire. under the
pn'lIeIIt or future laws of any jurisdiction, to share in the property of !he eswe of the other u a
result of the marital relationship, including wi!hout limitation, dower. cWlaey, slatutory allowance.
widow's allowance, riaht to take intestacy. risht to lake qainalthe will of the olher. and riaht to
act u Adminlalrator or Executor of the other's eswe. Each will. at !he request of the olher,
execute, IClmowledae, and deliver any and all ins\rUmen1a which may be neceasuy or advisable
to cury into effect this mutual waiver and relinquishment of all such interest, riahla, and claims.
1<4. MUTIJAL CONSENT DIVORCE: The patties agree and acknOWledge that their
lIIIlriIae is irretrievably broken, thaI they do not desire marital counseling. and that they both
COIISCIIlt to the entry of a Decree in Divorce plUluant to 23 Pa. C.S.A. 83301(c). Accordingly, both
parties agree to forthwith execute such consents, affidavits, or other documenla and to direct their
respective attorneys to fonhwith file consenla. affidavits, or olher documents u may be necessary
to promptly proceed to obtain a divorce punuanl to said Section 23 PL C.S.A. 83301(c). Upon
request to the extenl permitted by law and the applicable Rules of Civil Procedure. !he named
Defendanl in such divorce action shall execute any waivers of notice or o!her waivers necesauy to
expedite such divorce.
II is the intention of the patties that !he Agreement shall survive any action for
divorce which may be instituted or prosecuted by ei!her puty and no Order, Judgmenl or Decree
In Divorce, lemporuy. fmal or permanenl shall affect or modify the fmanciallerms of this
6
Apeo.lO'lt This Aareement ahalI be incorpontod but ahalI not be mcqed with aaid ludammt or
Decree of fmal Divon:e, but ahalI be Incorporated for the purpoee of enfon:ement only.
15. BREACH AND ENFORCEMENT: If either puty breaches any proviaion of thIa
Aareement, the other party aha1I have the riaht, at hia or her election. to SIIe for damqes for such
breach, or seek such other remedies or re1ief u may be available to him or her, and the part)'
breId1ina thIa Aareement ahalI be raponaible for payment of attorney fees, Ielal fees and COlla
incurred by the other in enforcina hia or her ri&h1S under thIa Agrmnent.
16. ADDmONAL INSTRUMENTS: Each of the parties ahalI from time to time, at
the requeat of the other, execute, admowledge and deliver to the other party any and all further
inatrwneata that may be reasonably required to live full force and effect to the proviaiona of thIa
Agreement
17. TAX ADVICE: Both parties hereto hereby acknowledge and qree that they have
had the opportunity to retain their own lICCOuntanla. cenified public accountanla, tu advisor, or
tu atIomey with reference to tu implicationa of thIa AIr I r -..t Further neither party hu been
given any tu advice whatsoever by their rapective attorneys. Further, both parties hereby
admowledge that they have been advised, by their respective attomeys, if any, to seek their own
independent tu advice by retaining an lICCOunllDt, certified public accountant, tu attorney, or tu
advisor with reference to the tu implications involved in thIa Aar-neat Further, the parties
Idlnowledge and qree that their ~ilP'ablra to thIa AgreeJ.teat serve u their acknowledgment that
they have read thIa putic:ular parqraph and have had the opportunity to seek independent tu
advice.
18. VOLUNTARY EXECUTION: The provisiona of Ibis Agreement and their legal
effect have been fully explained to the parties by their respective counsel, and each part)'
admowMdpa that the Aareement is fair and equitable, that it is being entered into voluntarily,
with the full knowledge of the uaeta of both parties, Uld that it is not the rault of UlY duress or
undue influence. The parties acknowledge that they have been fumiahed with all Information
re1ated to the financial affaira of the other which hu 00en requested by each of them or by their
reapective counsel.
19. ENTIRE AGREEMENT: This Agreemenl contains the entire undentandlng of the
parties. 'Jbere are no representations, WllrUlties, COVenUlla, or undel1akinsa other than thoae
eapreaa1y set forth herein. HuabUld and Wife acknowledge and qree that the provisiona of thIa
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Apeement with reaped CO the diltributloo and divillon of marilaland sepUlte property are fair,
equitIbIe IIId IIliIfIdcrJ CO Ihem bued on the Iensth of 1helr nwriqe and other relevlRt flldon
whlcb have been taken inco c:oIIIlderatlon by the parties. Bo!h parties hereby ICUpt the provlalona
of thil A,loaemeat with respect CO lhc! divillon of property in lieu of and in full and flll&l aeulement
IIId IIliafICtioa of all cI&lma IIId demanda that they may now have or hereafter have qalnat the
otb. for equitable dIalribution of their pc""",I, by IRY Court of COmpelenl jurildictlOll purIIIIIIt CO
23 PL C.8.A.13501,"1IllL or IRY other law.. Huaband and Wife each volunllrily and
bttel1lpntl, wliver or rellnquiah m, riaht CO leek I court onIeml tenninaIlon and diItributloa of
mmIaIl'IUI,edJ but nolblna herein conIained shall c:oIIItllUle I waiver of either pll1)' of IRY riahll
to leek the mief of 10' Court for the puIJlOICl of enforciq the provillona of tbiJ AplemenL
20. DIlll'IMIIRF.: Huaband and Wife each repm ""I and warrant CO the other thal be
or abe hu made full and complete dlIclOlure CO the other of all uaelI of IRY IIIIUre whalIoever in
which auch party hu 10 intereat, the IOIIltOI and unounl of income of .uch pll1)' or every type
whalIoever and of all other flda re1atlna CO the aubject maIter of tbiJ AareemenL
21. MODIf1CATlON AND WAIVER: ModlflCllion and waiver of IRY other
proviaioaa of tbia Aplement ahall be effective only if made in writlna and uec:uted with the lime
fonna1lty of tbia A,reeInenL The fallure of either party CO inailt upon Ilrict perfOfllllllCe of my of
the provlaioaa of tbiJ Aareement aba1l nOl be COIlItrued U I waiver of 10' .ubaequent default of
the lime or almlIar 1IIIUre.
22. PRIOR AORF.F.MF.NT: II iI undentood and qreed thal my IIId all pc""",I,
.ellleo'neat qreemeall which may have been executed prior CO the dale and time of lbla Aplement
are mlllllld void and of no effect.
23. DFM'RIPTIVE HEADINOS: The deacriptive hNdlnp u.aed herein are for
conv:.alence only. They ahalI hive no effect whllloever in detennlnlns the riahll or ob1lpliona
l,f the parties.
24. INDEPENDENT AND SEPARATE COVENANTS: II iI apeclflClll, undentood
and qreed by and between !he parties hereto !h.1 each parqraph hereof shall be deemed CO be
separate and independent covenanllRd agreemenl.
25. APPLICABLE LAW: This AgreernenlshaIl be conalnled under the 11M of the
CommonweaI!h of PennaylvlRla.
8
26. VOID CLAUSES: If any term, condition, clause. or provision of this Agreement
ahaIl be delIrmined or declared 10 be void or invalid in law or o\herWiae, then only that term.
cor-'ltInq. c\auIe, or proviaion aha1l be atricken from this Agreement and in all other respecla this
A.,Mll!lII\l ahaIl be valid and contin\lll in full force. effect and operation.
,
I
1
27. AGIII1.I1.UENT BINDING ON HEIltS: This Agreement shall be binding and shall
inure 10 die benefll of die putiea here\O and their respective heirs. execulorll. adminia\rllOrII,
IlUCC~""', and uaiplll.
.
IN WITNESS WHEREOF, the putlea here\O have let their banda and seala the day and
,at tint above wri\tell.
o~ ( if} _y{:~a., /", j~
Wi (
,
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/f(jf Indyt..- - (,1/' L-'-
T . WINTER-BERRIER
'-
~&Nti<--
(SEAL)
Dl\~P ;. 0~
DAVID E. BERRIER (SEAL)
""', .n~l I!AL
IILlI 11, ~'III: :1\. 1:OIIoC't Pl&lC
lAS, ru.'."''''' ~.:;'. ",...Ul_"
MY ClIftl.'11.ll UPH,LS ArIIL 1.. ,..
"
I>
9
IN THE COURT OF COMMON PLEAS
CUKBBRLAND COUNTY, PENNSYLVANIA
TNfoI'l R. WItm:R-BERRIER,
Plaintiff
vs.
NO.
95-6205 CIVIL
DAVID E. BERRIER
Dsfsndant
IN DIVORCE
PRAlCIPB TO TRANSMIT RKCORD
To the Prothonotary:
Transmit ths record, to.ether with the followin.
information, to the Court for entry of a divoroe deoree:
1. Grounds for divorce: irretrievable breakdown
under Section 3301(c) or lai~ of the Divorce Code.
(Strike out inapplicable seotion)
2. Date and manner of service of the complaint:
CertifiArl MAil. QctnhAr 31 1995
3. Complete either ParaBraph A or B.
A. Date of execution of the affidavit of oonssnt
rsquired by Section 3301(c) of the Divorce Code: by the
plaintiff 2/15/96 ; by the detendant 2/16/96
B. (1) Date of execution of the plaintiff's
affidavit required by Section 3301(d) of the Divorce Code:
."
(2) Date of service cf the plaintiff's
affidavit upon the defendant:
4. Related olaim. pendinll:~c.nt.p~r toM stt"A~h:vl Qap;'T"A"~nn arrl
property Settlerrent Agreenent dated February 9, 1996.
6. Indicate date and manner of service of the notice
of intention to file praecipe to transmit record, and attach
a copy of said notice under Secticn 33011c) of the
Divorce Code Waiver attached.
~1L,. ~
~~
isa Marie oyne Esquire
Attorney ~or ~laintiff
3901 Market Street
Camp Hill, PA 17011-4227
(717) 737-0464
Pa. S. Ct. No. 53788
Dated:
~ 'Z. Fed""
. .
. ,
vo.
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PA
fly. (,J. ():i (!.wJ T...--
DIVORCE
TAMMV R. WINTER-BERRIER,
PlAint i tt
DAVID E. BERRIER,
Detendant
COKPLAINT UNDBR SBCTION 3301(c) OF THB DIVORCB COUB
1. Plaintitt io Tammy R. Winter-Berrier, who
eurrently residec at 38 Lancaster Avenue, Enola, Cumberland
Countv, Pennovlvania.
~'
2. Detendant io David E. Berrier, who eurrently
reoideo at 118 Bricle Church Road, Enola, Cumberland County,
Penncvlvania.
3. Plaintitt and Detendant have been bona tide
reoidents in thio Commonwealth tor at least oix (6) montho
immediatelv previous to the tiling ot this Complaint.
~, Plaintift and Detendant were married December 19,
1992 in West Fairview, Cumberland County, Pennsvlvania. and
oeparated Mav 2, 1995.
5. There have been no prior actionc tor divorce or
tor annulment between the partieo.
. .
. .
6. The Defendant is not a member of the Armed
Serviceo of the United States or anv of ita Allieo.
7. The Plaintiff averc that the ~roundc on whieh the
action io baoed arc that the marria~e io irratrlavablv
broken.
S. Plaintiff hac been adviced that eounselin~ is
available and that Plaintiff may have the ri~ht to reaueot
that the Court reauire the parties to participate in
counoelin~.
After ninety (90) days have elapsed from the date of
the filin~ of thio Complaint, Plaintiff intendo to file an
Affidavit consentin~ to a divorce. Plaintiff believes that
Dafendant will aloo file ouch an Affidavit!
. .
. .
VERIFICATION
The faots set forth in the foregoing are true and
oorreot to the best of the undersigned's knowledae,
information and belief and are verified subjeot to the
penalties for unsworn falsifioation to authorities under 18
Pa. C,S.A. Seotion 4904,
Dated:
1()-Z'-'6"
~;?~./~~,~ ./
;q
:{
\ . .
,~~~~~~~~,~~#I;,,<~~~:;,,~y~~:;~Hl'N~;ii~
l t' "
, .
TAMMY R. WINTIIl-BBRII6'Il.
PlIiDlIff
: IN 11IE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY.l'INNSYLVANIA
...
.
.
: NO. 95-6205 CIVIL
.
. -
DAVID I. AIIIIIIIIlII,
DefeadIDt
: CIVIL ACl10N . LAW
: IN DIVORCE
AlllDAVII'm... -II'
1. A ~.u.t ill Divon:e IIIIder Seclion 330l(c) of die Di_ Code ". filed 011
~...... _q .19.'" .
2. Tbe IIIIIriap of die PIaiIItIff IIId DeftlldlDt iI....lt...Ibl' bmIrea IIId DiaIq (90)
.,........ r-I fnlIII tbe dale of fiIlq die C~....
3. .~ to tbe IIIIlrJ of . filial cIeaee of di_ after ISYice of IIDIiI:e of . L" fl...
eo ~"'IIIIIJ of tbe DecnIe.
....,.....dIe at. ....... made ill tbiI affidavit Il'8ln1e IIId COINCL ........ ....... II 11III
fllle... - -* hInin Il'8 made IUbject to die p""'.Jti- of 18 PL c.s. .04904, nUIiIIa 10__
r . 'M~~ eo IIIIboIltIo..
n.d:
~/"/p,,
~!-At~l
Defendant
t7
'- .
~
" ,
'l'AJo\MV R. WLN'l'ER-~ERR1ER , IN THE COURT OF COMMON PLEAS
I'laintl1't CUMBERLAND COUNTY, PA
ve, NO. 95-6205 CIVIL
UAV!\) IL BERRU!R. CIVIL ACTION - LAW
\)0 temdan t
IN DIVORCE
AFFIDAVIT OF NOTICE OF COUNSELING
I.
'r.~mu ~ Wintor-Harrior
, Plaintiff, beins duly
sworn accordinB to law, deposes and says:
1, I have been advised of the availability of
marriaBe counselinB and understand that I may
request that the court require that my spouse and
I participate in counselinB.
2. I understand that the court maintains a list of
marriage counselors in the Domestic Relations
Office, which list is available to me upon
request.
3. Beins 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 understand that false statements herein are made
subject to the penalties of 10 Pa. C.S. "4904 relating to
unsworn falsification to authorities.
"
'/)-/-
( /t. :>~,/rf
,
.,/~,. (~."
.' ,...- f ....._ ~_
-';'
...- ;-' ., J ..',1/ ~ I
Plaintiff.
'...r_..,.'.."........".,-..'...
, ,
. .- .
TAMMY R. WINTER-BERRIER.
Plaintiff
: IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY , PENNSYLVANIA
VI.
.
.
: NO. 95.6205 CIVIL
DAVID E. 8ERIUF.R,
Defendant
.
.
: CIVIL ACTION - LAW
: IN DIVORCE
AmDAVlr CW IIII lofT
1. A Complaint in Divorce under Section 3301(c) of the Divorce Code wu fJ1ed on
0&,.... -4 .19".
2. The marriqe of the Plaintiff and Defendant is imtrievably broken and ninety (90)
clay. have ""~ from the date of fdina the Complaint.
3. I conaeot to the entry of . final decnle of divorce after IerVice of notice of inlmtion
to I8queat entry of the Decree.
I verify that the IIIIemeIIII made in thia affidavit are true and comet. I tIIIdtnIaDd tbal
falle .,,-fa herein are made subject to the penalties of 18 PL C.S.14904. reIatina to URlwom
fallific:alion to aulboritia.
Dated: p,,,, I s-, l'i? (.
L/'/ /~/'4. '
~"./~,:::/A rt.rl.Lf<,~t'/Z-~c:-L.
'Plaintiff.-;:?' '?'
....
.-
, .-
TAMMY ~. W1Nn:~-BI!:l-tl-tll!:l-t,
Plaintiff
VD.
DAViD E. BERRIER,
IJcl'cndllnt
~
1 PS Form 3800. June 1991
. .. .
-- .
IN THE COUl-tT OF COMMON PLI!:AS
CUMBERLAND COUN~V, PA
NO.9.f':. 'BS'" CIVIL ~ERI'I
D1VO/{CE
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