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HomeMy WebLinkAbout95-06784 1 ~ J .t r.- " . r "L_. .... , ~ * 1;"'; ,', d,; ,;. ',." -"'\ ".,",,' .'" -,-..", .~ ".' kj,"!, :~ . ~. \ .";=-. '.C. ,~. ,~: .t :~.~-,: .r, ...~,.. -': u.. . _..~. . ":("-"',"'" !. . ',.;'<'1': "-,'.', "~I 0" '...\- . ;'.~'~::~lf; ,?('; ',.1/ ".'" '0~~' ,- ' t~--. ..... . ;~".~ '.' ";~:,;'.' ~"'. "', " , ,,,.' -", ,; ~. .i~'. '1-' \ ,',' . ." ',.'< :}~,;. ',',.. ,:' '-. ',.-.. ~-<,~' ,~" . t ,~.\ ,.:~'}:!~;\~~:fN;::;: , ,,'\ .)~.' '':I:.:v;'.i.:",,,,,,,;',~:':''_' . . .,. \- , .. ., .. .s:' ,.l',i oiil":: ',' r . '!;t'" Q ~': : :: ,'(, ;;;~:~A'Ii~' ,\1;'. :~:-:2~~ ~:';Jt:;;1 \;?;i:"<~" <. 'C" J"R.f.'::!:fJf. _'.' ,~,.c"' F -, Ji'~... ,,~~~f~ :~:>.f1#Wi ij;,'J't,.. -,-,.-s""f' ,'~ t~ "l;'{;i',i ~~~~j . 'lr" ~"',;.'~'; ,'-;" 1fi~fit~t ~lii ;1,;t!~~ 01;..,1".... ..:0':" ." - .:'" iJ4{~~ "\~0i~ DEBRA K. BEAR, : IN THE COURT OF COMMON PLEAS OF Plaintift' : CUMBERLAND COUNTY, PENNSYLVANIA . . VB. : CML ACTION. LAW : 95-6784 JOHN A. BEAR, Defendant : IN DIVORCE ORDER OF COURT ANONOW.'N'~"YOf ~ . 1997, upon review of the within Petition for Contempt, it is ORDERED AND DIRECTEO that John A. Bear, Defendant, shall appear on the J. 6 171... day of <t 6 /l u liA.J1 I I,' ~o ~ 1997 at .... o'clock -f-.m. in Courtroom Number ,-, of the Cumberland County Courthouse to show cause why he should not be held in contempt. BY THE COURT, J. . !,., ALED-OFFlCE OF TI;r; rr-rli1-l"")I\'OTAllY 97 J~~1-6 PH 4: '2 C,..qr J' .'u' "'u'iTY \JNibl.oli;"'l'J', Lv I PENNSYLW\N~ .' vs. : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY. PENNSYLVANIA : CIVIL ACTION . LAW : 95-6784 DEBRA K. BEAR. Plaintiff JOHN A. BEAR. Defendant : IN DIVORCE PETITION FOR CONTEMPT AND NOW, comes Debra K. Bear, Petitioner. by and through her attorneY8, Griffie & Associates seeking an Ordel' for contempt and in support thereof avers the following: 1. Debra K. Bear, Petitioner. is an adult individual residing at 1809 Pine Road. Newville, Cumbel'land County, Pennsylvania. 2. John A. Bear is an adult individual residing at 532 Pine Road, Carlisle, Cumbel'land County. Pennsylvania. 3, On or about December 6, 1995. John A. Bear was served with a Complaint In Divorce docketed to number 95-6784 in Cumberland County. 4. On or about August 13, 1996 as part of said divorce proceedings. John A. Bear signed a Property Settlement Agreement. A copy of said Property Settlement Agreement is attached hereto and incorporated herein as Exhibit "A", .. ." 5. In said Property Settlement AIr.,'eemellt Respondent, John A. Bear, agreed to indemnify and hold Wife harmless for loan account number 4001008003052715. Mr, Bear agreed to be responsible for payment of said account. 6. Since the date of Husband signing of the Property Settlement Agreement, Respondent has not made any payments for said account. 7. In paragraph six of the Property Settlement Agreement, Husband agreed to pay one-half of the total costs of obtaining the divorce, including counsel fees. Since the date of signing the Property Settlement Agreement Husband has not paid his one-half of the total costs of obtaining the divorce, including counsel fees. 8. One half of said costs for obtaining the divorce is $399.25. 9. Notice was sent to Husband on or about December 18, 1996 that should he not reimburse his wife for one-half of the costs of obtaining the divorce, including counsel fees, and begin making payments on the loan account his wife would take the appropriate legal action. A copy of said letter is attached hereto and incorporated herein as Exhibit "B". 10. To date John A. Bear, Respondent, has not made any payments toward the above-referenced loan account nor has he reimbursed Debra K. Bear for one-half of the costs for obtaining the divorce. ,...^, , .. ,I WHEREFORE, Petitioner prays that the Court find John A Bear in contempt and order a wage attachment against John A. Bear in the amount of the monthly loan payments for account number 4001008003052715 from August 1996 until the loan is paid in full, and order payment in full to Debra A Bear in the amount of $399.25 for one.half of the costs of obtaining the divorce including attorney's fees. Respectfully submitted, GRIFFIE & ASSOCIATES ~sr6i!:r~ 200 North Hanover Street Carlisle, PA 17013 (717) 243-5551 ." .-...-- .., f .' VERIFICATION I verilY that the statements made in the foregoing document 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 falsifications to authorities. DATE:h1.~.9~ ~~ I:&- BRA K. BEAR DEBRA lC. BEAR, . '~N THE COURT OF COMMON PLEAS OF . Plaintitt . CUKBERLAND COUNTY, PENNSYLVANIA . . . vs. . CIVIL ACTION - LAW . . . JOHN A. BEAR, . 95-6784 . Detendant . IN DIVORCE . 1I1l1l?ftL 81f11"1tT........ &CDIJs.a:W'InII'fI This Agre_ent _ae this J(}fi1 day ot \J~if/u, ],996, by and bet:ween DeI:lra It. Bear ot 1809 pine Road, Newville, Pennsylvania, hereinafter referred to as WIn, and John A. Bear, ot 532 Pine Road, Carlisle, Pennsylvania, hereinafter referred to as BU8BaJ1D, In'f'nSSB'I'K: WHEREAS, the parties bereto are husband and 'lite, havinq !:leen ~oine4 in .arriaqe on Auqust 5, 1993, in CUllberland County, Pennsylvania; and WHEREAS, a Complaint in Divorce has !:leen filed in the Court ot Co_on Pleas ot CUlIIberland County, Pennsylvania, to No. 95- 6784 Civil Term: and WHEREAS, the parties hereto are desirous ot settling tully and tinally their respective financial and property riqhts and obliqatiorw as l:Iet:ween each other, inc1udinq, without limitation, the settlinq ot all matters between them relating to the ownership of personal property, and in qeneral, the .ettlinq ot any and all claim. and possible claim. aqain.t the other or aqainst their re.pective estate.. NOW THBRBFORB, in consideration of the.e considerations, and the mutual proai.e. and undertakinq. hereinafter .et torth, and tor other qood and valuable consideration, receipt and EXHIBIT "A" . '. sufficiency of which is hdre):,y acknowledged ):,y each of the parties hereto, Kus):,and and WHe, each intending to ):,e legally ):,ound, h.reby cov.nant and agr.e as folloWS: 1. :A4Vic. of cous.l: Th. parti.s her.to aclcnowl.dqe that each have ):,.en notHi.d of his or her right to consult with counsel of his or her choice, and have ):,..n provid.d a copy of this agreement with which to consult with couns.l. Wif. is repr.sented by Anne M. Shepard, Esquire. Each party aclcnowledges and accepts that this aqreeaent is, in the cirCUJllSt&nc.s, fair and equitabl., and that it is ):,eing entered into freely and voluntarily, after having received such advice and with such Jcnow1edg. as .ach has sought fro. counsel, and that execution of this aqr....nt is not the r..ult of any duress or undue innuence, and that it is not the result of any ilIproper or illeqal agre_ent or agre_ents. 2. Divorce: The parties agree to th. entry of a Decree in Divorce. On or about ' 1996, the parties will execute Affidavits of consent under section 3301(C) of the Do.estic Relations Cocle, consenting to the entry of a Decree in Divorce. 3. 1'enonal 1I1:Oper1:Y: 'rhe parties have aqreed to divide their personal property to their .utual satisfaction. The Wife shall o:lwn on her own ):,ehalf and independentlY of any claim of rights of the Husband all it... of personal property of every ldncl, nature and description and however situated which are in her po..ession or which may hereafter belong to the wife with full power to the wife to dispose of the same as fully and effectivelY, as if she were not married. 'rhe Husband shall own i. I ! .1 on hi. own behalt and independently ot any claim ot rights ot the i . , Wite all itUlS ot personal property ot every kind, nature and .1 description and however situated which are in his possession or which hereinatter belong to the Husband, with tull power to the husband to dispo.e ot the same as tully and ettectively, as it he were not married. 4, Mutual PropeR]' aDeS ..tate waiver: Except as otherwise expres.ly set torth herein, in which event such express provision shall take precedence over this paragraph, the parties hereto intend that trOlll and atter the date ot this Aqre_ent, neither shall have any spouse's rights in the property or estate ot the other, and to that end both parti.s waive, relinquish, and torbear the rights ot dower or c:urtesy, rights to inherit, riCJhts to claill or take the au.!:land or wite's or tamily exemption or allowance to be vested with letters ot administration or letters testamentary, or to take against any will ot the other, and each agrees with the other it either should die intestate, his or her share shall descend to vest in his or her heirs at law, personal representatives, and next ot kin, excludinq the other as thow;b he or she had died a widow or widower. And each turther agrees that should the other die testate, his or her property 511all descend to and vest in those persons set torth in the other's Last Will and Testament as though the spouse so desiqnated as beneficiary l1ad predeceased the testator. The parties turther agree that they aay and can hereatter, as though unmarried, without any joinder by him or her, sell, convey, transter or enc:umber any and all real estate and personal property which I i I i I ! i 'I i i I .ith.r ot th.m now or h.r.atter own or po..... and turther aqr.e that the r.cordinq ot this Aqr.ement shall be conclusive evidence to allot hi. or her riqht to do .0. The .aid Husband and Wite do hereby irr.vocably qrant, each to the other, should the exerci.e ot this power hereby qiven be necessary, the riqht and the power to appoint one or more tim.s any per.on or persons whom the hu.band or Wite .hall desiqnate to be the attorney-in-tact tor the other, in their name and in their .tead, to execute and aclcnowledqe any cieeci or cieecis, relea.e., quit claims, or .atistactions, under seal or otherwise, to enal:lle either party hereto to alienate his or her real or personal property, but without any power to impose personal liability tor breach of warranty or oth8%Vise. Each of the partie. hereto turther waiv_ any riqht of election contained in Chapter 22 of the Pennsylvania Probate Estates anci Fiduciaries Code, and any riqht to seele or have an .quitabl. distribution of married property ordered by the Court subsequent to Section 3502 ot the Domestic Relations Code. Each ot the parties hereto turther aqrees that neither shall hereafter be under any leqal obliqations to support the other, .~ pay any expenses tor maintenances, funeral, burial, or otherwise for the other, and to that end each ot the parties hereto does her.by waive any riqht to receive .upport, alimony, alimony pendente lite, counsel fee., expense., or any type of financial a.sistance what.oever trom the other, except as otherwise expre..ly provided for herein. 5. K&rit.l Detlt: The parties have t..o loans throuqh PNC Bank in both parties' names, Account #4001 008 003 052 715 and Account .4002 008 000 698 436. Husband aqrees to be r.sponsibl. for paym.nt of said accounts and will indemnify and nold the Wife barml... for said d.bt. Each party will b. responsible for the debt on the cr.dit card accounts in bis or b.r name. Each party will incur no debt for which the other may be liable, and will indelllnify and hold the other I1armless for any debt so incurred.. 6. Husband and Wife agr.e to each pay on.-balf of the total. co.t of obtaininq th. divorce, including couns.l fees. 7. KoditicatioD: No modification, rescission, or amendlllent of this .gr....nt shall b. eff.ctiv. unl... in writing signed by .ach ot the parties hereto. 8. applice1e Law: All acts contemplated by this aqr.tIlMnt shall be construed and enforced under the laws ot the COmlllonw.alth ot Pennsylvania. 9. ~._.Dt BiD4iDq OD parti.. aDd lI.in: This aqreement, except as otherwise expressly provided berein, snall bind the parti.s her.to, and their resp.ctive heirs, executors, adlllinistrators, leqal representatives, assigns and successors in any interest ot the parties. 10. Aqr._.Dt Kot to tI. x.rg.d This aqreement shall be incorporated into the final decree of divorce of the parties hereto for purposes of enforc8lllent only, but otherwise shall not be merq.d into said d.cree. The parti.. shall have the right to entorce this aqre8lllent under the Domestic Relations Code and in ...~, addition, shall retain any r_edies in law or in equity under this aqre_ent as an independent contract. Such remedie. in law or equity are specifically not waived or relea.ed. 11. DoauaeJlt. : The parties hereto aqree that they will execute and deliver one to the other any dOCWllents nece.sary to qive eftect to the teras ot this Aqre_ent, 12. areacla: In the event that either party breach.. any provision of this Aqre<<aent, he or she sball be respoMU,le for . any and all cosu incurre4 to enforc:e the Aqreement, inclucUncJ, but not liaiteel to, court costs anel counsel fe.. of the other party. In the event of breach, the otller party .l:1al.l have the right. at his or her elec:t:ion, to sue tor ~q.. for such breach or to seek such other and additional reaec1i.. as _y be available to hila or her. IN WJ:TNESS WHEREOF, the partie. hereto have .et their h...... anel seals the elay and hear first above written: WITNESS: ~~A J1. !7;//hU I~? JI' vI . I /1/ h. till!;/'" //J~~ ,L~ DEBRA~. 8EAR rof. q t).['1f/'\ JO A, BEAR f, ! ;.; , . COMMONWEALTH or PENNSYLVANIA ) . /1 ) SS couN'ry or c..:u.JnfJE"/2L/fNO ) On this the /lJfp c1ay ot \S..L,O~kv , 1996, tie tore _, the urtdersiCJllec1 otficer, personally appearec1 Del:Ira K. Bear, known to _ (or sati.tactorily proven) to tie the person wose name is su1:lscrUlec1 to the within Aqreement ancl acJcnovledqec1 that she executec1 the .... tor the purposes therein containec1. III wrrNESS W1"'D!Or, I hereunto .et -.y hancl aDd official seal. . . /' ,~~A /l /lZ,;y;'A';'" t COIIIIOlC1IZAUrB or PEKHSYLVMU NOlana' Saal - Leah A. Millar. Notary Publlo Ca~Is'a Boro. Cumbe~and Coumy . My CommiUlon e'prras Aori117. 2000 ,\ ) ~..U orCUrtlIJE.R Uf tII () J SS .~ this the /jfli /Say ot /t&tL<t: I ~. J _. the unc1ersiCJllec1 otticer, personally appearec1 , 1996, l)etoA John A. Bear, known to .. (or satistactorily proven) to tie the person vho8e Mae is su!:lacribecl to the within Aqr_ent anci acJcnowledqec1 that he executec1 the Salle tor the purpo... tI1erein containec1. IN WITNESS WHl!:REOP, I hereunto set Sf hancl ancl otticial aeal, ;/.uJ, /I . /?/d../r A Notarial Seal Laah A. Millar. Notary Public Carllsla Bora. Cumb81lar~ CountY My Commission Expo,., Apnl'7. 2000 . ....... L. a-.. ........ A. C.tl.-., ",.. M. s-- Rc-. J. Goeo-. o..a~ ( .' ( \:dUFFlE & ASSOcIATES ATTORNEYS AND CCUfl'l&l 0AlI AT LAW 2lllI......~s_ c-... PA 170t3 (1t71 ZG-5II5t I (lOa) 347.SUZ FAX 717.~:J.~ December 17, 1996 c". ...T_a.- s..r. SS1, t6...... MMo s_ o.. ..... PA 17Z0t (1t71 217-1_ AIP\.., ta: c.w.u John A. Bear 532 Pine Road CA1'H..le, PA 17013 RE: Breach of Property Settlement Agreement Dear Mr. Bear: This is bring to your attention that you have not made payments QJ1 the loan that you had agreed to make payments on in the Property Settlement Agreement. Furthermore, you had agreed to pay one-half of the costs of the divorce. These are paragraph five and six of the Property Settlement Agreement that you signed on August 13, 1996. Please note that paragraph 12 indicates that in the event of a breach you will be responsible for any and all costs incurred to enforce the agreement including but not limited to court costs and counsel fees of the other party. Your former wife has the legal right to take you to court to seek enforcement of this Property Settlement Agreement. You may wish to consider whether it is in fact worth your while to make the payments as you had agreed rather than make them with the additions of court costs and attomey's fees and possibly wage attachment should your wife choose to seek to enforce this agreement as she has informed me that she intends to do. Very truly yours, GRUfl"U; & ASSOCL~TES Anne M. Shepard AMSIlam cc: Debra Bear EXHIBIT "B" '. - .""'" "",,' ,. ,.....,. ,. ,.... 'lIe- ,. <eo .:c. .:c. """ .:c- ':C< .:c- ':C< ':C")"':C<"'lIeo::""':C<..""" __ .....~ 8 ~ - I' , j, : IN THE COURT OF COMMON PLEAS ~ . $ 8 OF CUMBERLAND COUNTY ~ 8 :: ~ STATE OF ~ PENNA. ! 8 _ Iii .. ' . 8 ..............O~AA.~,..~L........................ I.,' . N (). ..~~:::!i?~~...... ..gIY.~~..7'ERM . ".:~ r.;................................Plaintiff....................... 1: , 8 Versus., ~ ~ ........~.~.BeAA, . . '. .......................... Ii ~ : .. ....m""'-nt]l : I ~ . ~ ~ . 8 '" ~ ~ ~ t ~. I I I , I i ~ 8 8 8 ~ i ~ . ~ ~ ~ 8 ~ $ 8 ~ ANO NOW. ... DECREE IN I V 0 ft.C E J;:- 3',QQ ~ . . . . . . . . . . . . . . . )5., 19. .9.6. . " it is ordered and decreed that .. .~I; . .Ih.~. . '" " .. .. .. . . .. . . . . .. .... . '" . " plaintiff. and ...... John. A.. Bear. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . " 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; . .~~.~.C?~ .~~.~~~f!: '~~~~.~~~~~~.~~~~~.~~~.~~.91}.., .Se9t~.lQ..l~~6.qre.incotPO~ate4.b~e!n....... ...... ................... .t0~~~ .tb,..khZ . .. .. ~r~thonotl\ry M .' $ 8 If " ~ , ~ ~ ~..}~-;.;::::..:: . " .....-....-.-~ ---..-.-----.....---'-.,-..-~.. --'-'.~-.,., -,.- -..'.......,-..............- ....._- "--~,---..-.. -.... ,., . --...., ' ,*- .. .>>:. .:.:. -:.:. -:t-:. .:+:. .:.:. -:.> .:.;. .:+:. .:+:. .:+:. .:+:. .:+:. .:.:. .:.:. .:+:. .:.:. .:+:. 0:.:. .:+:. .:+:. .:.:. .:+:.' ~ '" ~ ~ '.' 8 ~ *- '.' ~ '.' * w. '.' ,', :, :;: " ~ .' ~ '.' .,n;,~~~.: ,;""", . ,:., ~ ;"_,"';" ~L.. .,"_,' '",'~, , .. '. . ttd t~ fl.:Jf.19t ~ m.:Jv z, .4 f-J/J .f' 'r7k M~ ~ " .. .^',_"-,cc.'" ="- . p ~ '--"", ,""...............u<' DEBRA K. BEAR, plaintift IN THE COURT OF COMMON PLEAS OF CUHBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW 95-6784 IN DIVORCE vs. JOHN A. BEAR, Detend.ant n.Jl%'l'AL 8Z1."l'T.1P.V1nI'P AGU~.T This Aqr.ement maa. this JtlflJ day ot '(,~L(/u, 1996, by and between Debra K. Bear ot lB09 Pine Road, Newville, Pennsylvania, hereinatter reterred. to as WIFI, and. John A. Bear, ot 532 Pine Road., Carlisle, Pennsylvania, bereinatter reterred. to as KlJ8BUD, 1n'l'1lJ!lSSztl'JI: WH!:REAS, the parties bereto are busband and. wit'!, havinq been 10ined in IIllrriaqe on Auqust 5, 1993, in ClDlberland. County, pennsylvania: and. WH!:REAS, a Complaint in Divorce has been tiled in the Court ot Co_on Pleas ot cumberland County, Pennsylvania, to No. 95- 67B4 Civil Term: and WHEREAS, the parties hereto are d.esirous ot settling tully and. finally their respective tinancial and property riqhts and. obligations as between each other, includ.inq, without limitation, tbe settlinq ot all matters between them relatinq to the ownership ot personal property, and. in qeneral, the settlinq ot any and all claims and. possible claims against the other or aqainst their respective estates. NOW THEREFORE, in consideration ot these consid.erations, and. the mutual promises and. undertakinqll hereinatter set forth, and. tor other qood. and valuable consideration, receipt and. sufficiency of which is hereby acknowledged by each of the parties hereto, Husband and Wire, each intending to be legally bound, hereby covenant and agree as follows: 1. Advice of Coua.e1: The parties hereto acknowledge that each have been notiried of his or her right to consult with counsel of his or her choice, and have been provided a copy of this agre_ent with which to consult with counsel. Wife is represented by Anne M. Shepard, Esquire. Each party acknowledges and accepts that this agre_ent is, in the cirCWIIStances, fair and equitable, and that it is being entered into freely and voluntarily, after having received such advice and with such knovledqe as each has souqht from counsel, and that executicn of this aqreemant i. not the re.ult of any durass or undue influence, and that it is not the result of any .i:IIIproper or i11eqa1 agre_ent or agre_ents. 2. Divorce: The parties agree to the entry of a Decree in Divorce. On or about , 1996, the parties will execute Affidavits of Consent under Section JJ01(C) of the Domestic Relations Code, consentinq to the entry of a Decree in Divorce. J. Personal Property: The parties have agreed to divide their personal property to their mutual satisfaction. The wife shall own on her own behalf and independently of any cla.i:lll of riqhts of the Husband all it8lllS of personal property of every kind, nature and description and however situated which are in her possession or which lIUly hereafter belonq to the Wife with full power to the Wife to dispose of the same as fully and effectively, as if she were not married. The Husband shall own on his own behalt and independently ot any claim ot rights ot the Wite all itelllS ot personal property ot every kind, nature and description and however situated which are in his possession or which hereinatter belong to the Husband, with tull power to the husband to dispose ot the same as tully and ettectively, as it he were not married. 4. Mutual property an4 .seaee waiver: Except as otherwise expressly set torth herein, in which event such express provision shall take precedence over this paragraph, the partie. hereto intend that trom and atter the date ot this Agreement, neither shall have any spouse's rights in the property or estate ot the other, and to that end both parties waive, relinquish, and forbear the rights ot dower or curtesy, rights to inherit, rights to cla1lll or take the Husband or Wite'. or tamily 8X8lIIption or allowance to be vested with letters ot administration or letters testamentary, or to take against any will ot the other, and each agrees with the other it either should die intestate, his or her share shall descend to vest in his or her heirs at law, personal representatives, and next ot kin, excluding the other as thouqb he or she had died a widow or widower. And each turther agrees that should the other die testate, his or her property shall descend to and vest in those persons set forth in the other's Last will and Testament as though the spouse so desiqnated as beneticiary had predecea.ed the testator. The partie. turther agree that they _y and can hereatter, as though U%lIII&rried, without any joinder by h1lll or her, sell, convey, transfer or enCUlllber any and all real estate and personal property which .ith.r ot them now or hereatter own or po..... and turther aqree that the recordinq ot this Aqreement shall be conclusiv. .vid.nce to allot his or her riqht to do .0. The .aid Husband and Wite do hereby irrevocably qrant, each to the other, should the exercise ot this power hereby qiven be necessary, the riqht and the power to appoint one or more times any person or persons whom the husband or Wite shall desiqnate to be the attorney-in-tact tor the other, in their name and in their stead, to execute and acknowledqe any d..d or deeds, relea.es, quitclaims, or satistactions, under seal or otherwise, to ena))le either party hereto to alienate his or her real or personal property, but without any power to apose personal lia))ility tor breach ot warranty or otherwise. Each ot the partie. hereto turther waives any riqht ot election contained in Chapter 22 ot the Pennsylvania Probate Estates and Fiduciaries Code, and any riqht to seek or have an equita))le distribution ot married property ordered by the Court subsequent to Section 3502 ot the Domestic Relations Code. Each ot the parties hereto further aqrees that neither .hall hereatter be under any leqal obliqation. to support the other, '.. pay any expenses tor maintenances, tuneral, burial, or otherwise tor the other, and to that end each ot the parties hereto does hereby waive any riqht to receive support, alimony, alimony pendante lite, counsel fee., expenses. or any type of tinancial assistance "ha-csoever trom the other, except as otherwise expres.ly provided tor herein. 5. Kari tal Dellt: The parties have two loans through PNC Bank in both parti..' names, Account '4001 008 003 052 715 and Account '4002 008 000 698 436. Husband aqr..s to b. r.sponsibl. tor paym.nt ot said accounts and will indemnity and hold the wit. harml..s tor said debt. Each party will be responsible tor the dellt on the credit card accounts in his or her name. Each party will incur no debt tor which the other may be liable, and will indemnity and hold the other harmless tor any debt so incurred. 6. Husband and Wite aqr.. to each pay one-halt ot the total cost ot Obtaining the divorce, including couns.l fees. 7. Xodification: No moditication, rescission, or amendment ot this aqr....nt shall be .tt.ctive unle.. in writing .iqned by .ach ot the parties hereto. 8. :t.pplicaJ:ll. Law: All acts cont.-plated by this aqreeaent shall b. construed and entorced under the laws ot the CODIIDonw.alth of Pennsylvania. 9. :agr....nt Binding on Parti.. and )I.in: This aqre8lllent, except as otherwise expressly provided herein, shall bind the part i.. her.to, and th.ir resp.ctiv. h.irs, executors, administrators, legal representatives, assigns and successors in any interest ot the parties. 10. Agre_ent )fot to be X.rqed This agreement shall be incorporated into the tinal decree ot divorce of the parties hereto tor purposes ot entorc8lllent only, but otherwise shall not be merqed into said decree. The parties shall have the riqht to entorce this aqre8lllent under the Domestic Relations Code and in adcUtion, shall retain any remedies in law or in equity under this aqreement as an independent contract. Such remedies in law or equity are specitically not waived or released. 11. Doc:uaeDts: The parties hereto aqre. that they will execute and deliver one to the other any documents necessary to qive .tfect to the terms ot this Aqreement. 12. Br.ach: In the .vent that either party breach_ any provision ot this Aqr_ent, he or she sbal.l be responsi})le tor any and all costs incurred to entorce the Aqreement, includi.Dg, but not limited to, court co.ts and counsel tee. of the other party. In the event ot breach, the other party shall have the riCJht, at tUs or her election, to sue tor daJlaq_ for such breach or to aeek .uch other and additional r_edies a. ..y ~ availa!)le to hb or her. IN WITNESS WHEREOF, the parties hereto have set their han4s and seals the day and hear tirst above written: WI'l'NESS: A?~;j /l 11//;/ /u ,I'! , I I ' j nhf h II :-'1'1 (. f! J 1/1 .. {/I' II -- M~,- J:-11~ ::~2~1~ ~n . . COMMONWEALTH OF PENNSYLVANIA ) COt1N'l'Y OF fA.ijn{jF~L/lNO l SS On this the /~+jJ day of \f'#~ , 1996, before .e, the under.iqned officer, per.onally appeared Debra It. Bear, known to .e (or .atisfactorily proven) to be the per.on who.e n... i. .ub.cribed to the within A9z:'eeaent and acknowledqed that she executed the .... for the purpos.s th.r.in contained. IN wrrNESS WHEREOF, I bereunto .et my band and official seal. ~.., A ~ /J2. L~~/'f .; COIDIOKWEAL'.rB 01" PElINSYLVAHIA c:ommc opCunU!Ee I.A It! tJ ) ) ) Nota"al S"I - IIlh A. Millar. Notary Publle Carl,S11 Baro. Cumba"and County My Comm.ssion eXpires Aori117. 2000 . , " 55 .e, I,,~ 11. /. . _I on this the j..) I II day of rf',/J/ ~(SC ./ the undersiqned officer, personally appeared John A. Bear , , 1996. befon known to .e (or satisfactorily proven) to be the per.on WOlle naJM is subscribed to the within Aqr...ent and acknowledqed that be uecuted the .... for the purpo._ therein contained. IN wrrNES5 WHEREOF, I hereunto .et ray band and official s.al. J,,'J_ ,I 1/ . ,-:,,) UJI H. l}il:b A Notonal S..I Loah A. Mille.. Nala,\, Public Carbsle Bore. CLJmtHIuDr"r County My Commission E~pire5 April' '7 2000 ., ~ en .. ;::,. /. wP N -~, " ~) . I~. ~t o..~ -';,( r:' ',.. )::.J c. ""- r:: ~I ....In UJL.;. "'.... '.~ ~- U:lL r.'-o i:J ". I.. r-: . .IU- <or. -. ll.. -. I.D ~,J 0 u, (J CEBRA K. BEAR, Plaintiff nr 'rB!: CCCRr or C:CIlHOK l't.ZU OJ' : CUIl'berland CCtnrrY, P!:HHstr.V>>In . . . . . vs. JOHN A. BEAR, Defendant N'''. 95-6784 \;,I, V..w 1.995 . . . . . . 'J' .....,..J m ~~T U~IID . 'fa ttza ~: '::-"-1~ the J:ecorc!, ~oCJether vith the ~ollov1.z1CJ ~oz:II&1:.1C111r t:o t:he c:aa:t ~or ent:y o~ _ 1!J.vc:ce ~: 1.. G:01m4 ~or 41vcn:ce: L.....~lna!11. =.-~'lnm ......._~ Sa-:tioa 33Q1(C) ~ o~ the Di'il-._ Coda. wppUcabI. MCt:1on., 2. Date am! 1IIanner o~ service o~ the COlIIplain~: bv certified ~i'. rp-~~ri~P-d dAliverv on December 6. 1995 (~Q aut: . 3. eCClllplet. either paraqraph (a) ar (b).) e-, Data a~ ex~an a~ the a.l~iclavi~ o~ CClasent requ1recl bY' Sectioll 3301ec} a~ the Divarce CQcle: bY' the PI.ain1:i~~: September 10, 1996 : by Cef.1:I"'''~ August 28, 1996 . (b) (l) Dat:e of execut:ion of the Pla.intif~'s affidavit: J:eqa.in4 by Sec1:1an 3301(4) af th. Civaz:ee c:cde: N/A . (2) Data a~ seJ:Vice of the Plaintiff's a!fictavit: apan the C~endan~: N/A . 4. Rela.t:ed clai.:us pencUnq: Mr."" 5. Inc1icate elate and manner of service a~ the notice of intention t:cI ~Ue praecipe to t.ransm.i.t: recctM, am! attach a copy of sai4 nat:ice under Section 3301.ec!) el) () af the Divo:c:a Code. N/A . ,Anne M. Shepard, 1/4,1/.<1 rti ,- 4iHk A tamar forr<Pl f) e7 1'_ - ,~) \ ... r-. !it c ~ ::...~ ~- mf ~ '.,. '~~.: ~t c:: ~~ -.. >: :',~ r. c;> ::<n "- ,J? - .' . -., 0:" Co. -'UJ ,.:, U.' jo.. '" L. -'.. V) :::> U C'. [) < 1 ., ,C; <, ,':,,:~:~;;~rf<'l~;~~~~~ti;SJ:~~t\~ ift'~: l;ff~~~f .'.;~: ....', r :\,:;.t'~;::; %/;>,; , . . .. >:b~<: ;'g;., /,;', II ~.l' ~ . :i;:A ~. ~, ,r.:, = ',.' -~' \.' , . ""'Rv:!>. "t" 0' 'I: ~., 'Ct" \.t'~f""~l':.{t" 'f<" 1, '!"""; ~:... 4t \ ;~,::t: '; ,('f:! '<:!f'.. 1'*";\") ~ ,,'.... 9alli':""t. ';":;".:~~ 5t,~;}~ ."1" 't' :". '.::.\~'~. '\'.;;~f~ ";). ; ~'i' .:'~:i;J5~;,~:~ .1'>,..<\.., . IIJ' 'I .,1 ' 'C......, : ._~..:::;J,~~{;~~~~~.~~tt-~:~y::::i!!3 ~ : ' .~.\ :~ ~~~t;~ ~'.' ,,'P." "<':'_'~lir..;? " '1. ... tC ~. If' ~.' ,..~ :,::\':." '~;.~~:J~~~:~'!~?{ij~:!!:~ 'sr~~'.' ~'~~ ,~:~'5-~~, . ,-,..~..'-"~'... ,.r.. '~"+:".-l'a~--p,,-,--~. ,.-.N--" _ ','HO', .-~"-~I'..'!"'~.-' ',:::':: \;\;~l:~~&:9j~:1{t:~:i~: ';~~lf~;~~\2;~~!~~ . . , DEBRA K. BEAR, I IN THE COURT OF COMMON PLEAS OF Plaintiff . CUMBERLAND COUNTY, PENNSYLVANIA . . . v. I CIVIL ACTION - LAW . . JOHN A. BEAR, I 95-~'lr~IVIL TERM Defendant . IN DIV RCE . 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 will proceed without you and a decree in divorce or annulment may 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. Court Administrator Fourth Floor CUmberland County Courthouse Carlisle, Pennsylvania 17013 (717) 240-6200 indignities or When the ground for the divorce is 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 Courthouse, Carlisle, Pennsylvania 17013. IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF MARITAL PROPERTY, LAWYER'S FEES, OR EXPENSES BEFORE A DIVORCE 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. , DEBRA K. BEAR, I IN THE COURT OF COMMON PLEAS OF Plaintiff I CUMBERLAND COUNTY, PENNSYLVANIA I vs. . CIVIL ACTION - LAW . I NO. JOHN A. BEAR, . . Defendant . IN DIVORCE . COIIPLaIII'1' IB DIVORCB 1. Plaintiff is Debra K. Bear, an adult individual currently residing at 1809 Pine Road, Newville, CUmberland County, Pennsylvania. 2. Defendant is John A. Bear, an adult individual currently residing at 532 Pine Road, Carlisle, CUmberland County, pennsylvania. 3. Plaintiff and Defendant are bona fide residents of the Commonwealth of Pennsylvania and have been so for at least six months immediately previous to the filing of this complaint. 4. Plaintiff and Defendant were married on August 5, 1993 in Carlisle, Pennsylvania. 5. There have been no prior actions for divorce or annulment between the parties. 6. The Defendant is not a member of the United states Armed Forces or its Allies. 7. Plaintiff has been advised of the availability of counseling and the right to request that the Court requires the parties to participate in counseling. Knowing this, Plaintiff does not desire that the Court require the parties to participate in coun..1inq. 1 ., r 8. Plaintiff and Defendant are citizens of the United states of America. 9. The parties' marriage is irretrievably broken. 10. Plaintiff desires a divorce based upon the fact that Defendant has offered such indignities to the person of the plaintiff, the innocent and injured spouse, as to render her condition intolerable and life burdensome and this action is not collusive. WHEREFORE, plaintiff requests your Honorable Court to enter a decree in divorce pursuant to Section 3301(a) (6) and 3301(C) of the Divorce Code of 1980, as amended. Respectfully submitted, GRIFFIE , ASSOCIATES 2 nRt.!CA'J.I!OM . I verify that the statements made in the foregoing Complaint are true and correct. I understand that false statements herein made are subject to the penalties of 18 PA.C.S. Section 4904 relating to unsworn falsification to authorities. DATE: 1/-;:;'8-f.r P26~.. /:-' {jr;A.- Debra K. Bear DEBRA K. BEAR, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW plaintiff vs. JOHN A. BEAR, 95-6784 IN DIVORCE Defendant AFPIDAVIT OF CONSENT 1. A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed on November 30, 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 after service of notice of intention to request entry of the ; . decrees. , I VERIFY THAT THE ST~TEMENTS MADE IN THE FOREGOING AFFIDAVIT . 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: ~~~ 1l~ , ~ i If) '- \r. I- n' .. "j , ("l 'j~ ~ J g 0.- :~~ U~ C"'> ,.. I '1.4 r~ ~ C- n ~ ~:o.:1 ~ u.. \.Cl :.:J 0 ~ U decrees. UFIDAVIT OF CONS.II'!' 1. A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed on November 29, 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 after service of notice of intention to request entry of the I VERIFY THAT THE STATEMENTS MADE IN THE FOREGOING AFFIDAVIT 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. ~t....1:~ Plaintiff DATE: 9-10- C}d7 ~ CO') " c:: ~ ~2 .. C'I '::> '~)~ 5; if: '.;~ ':1~ C .~ [f - ". - '.)~ I.!. & ~5f5 r=: en G:J~ LL. ~ :5 0 CJ , .. \ >' 'ft r , , :-0. DEBRA K. BEAR, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW vs. JOHN A. BEAR, Defendant 95-6784 IN DIVORCE WAIVER OF NOTICE OF INTBNTION TO REOUEST ENTRY OF A DIVORCE DECREE UNDER SECTION 3301lCl OP THE DIVORCE CODE 1. I consent to the entry of a final decree in divorce without notice. 2. 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. 3. I understand that I will not be divorced until a divorce , decree is entered by the Court and that a copy of the decree will ,be sent to me immediately after it is filed with the Prothonotary. 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. OATE: rf~C JOH EAR, Oef dant ~ <.""'_C._JI , In G II': ~ M 8~ if ~ ;.:)-:i ;'Ii CO') ~~ J~ I fb if en ~ ~ lQ 0'\ DEBRA K. BEAR, plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW 95-6784 vs. JOHN A. BEAR, Defendant IN DIVORCE WAIVER OP NOTICB OP INTBII'1'ION TO RBOUBST BII'1'RY OP A DIVORCB DI!ICRBB UNDI!IR SI!ICTION 3301'Cl OP TH1! DIVORCI!I CODI!I 1. I consent to the entry of a final decree in divorce without notice. 2. 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. 3. I understand that I will not be divorced until a divorce decree is entered by the Court and that a copy of the decree will be sent to me immediately after it is filed with the Prothonotary. 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: 9../0 -9~ ~A-~ K. BEAR, Plaintiff ~ ..:r ?:: 0 ~, ~9 ~- N :?~ .. - ':,~7: ~, ....... ;..>~ f: a.. '-::l~ -7' - ~...~ k - ~- reI.: 0- ''1'5 '.. l ". w !ho... , " </l 5 ~ 0. \D <..:; ~ u . ,. DEBRA K. BEAR, I IN THE COURT OF COMMON PLEAS or plaintiff . CUMBERLAND COUNTY, PENNSYLVANIA . I VB. . CIVIL ACTION - LAW . . . JOHN A. BEAR, . 95-6784 CIVIL TERM . Defendant . IN DIVORCE . AFPIDAVIT O. SIRVICI AND NOW, this 18th day of December 1995, comes Anne H. Shepard, Esquire, Attorney for Plaintiff, Debra K. Bear, and states that she personally mailed a copy of a Complaint in Divorce to Pine Road, the Defendant at 532 carlisle, Pennsylvania, by certified mail, restricted delivery, return receipt requested. A copy of said receipt is attached hereto indicating service was made on December 6, 1995. Shep rd, squ GRIFFIE , ASSOCI TES 200 North Hanover street Carlisle, Pennsylvania 71013 (717) 243-5551 Sworn and subscribed to this /J7~ day of December, 1995. ~ju~ a,4'-' i ftTAt NOTARY ~B IC Nola~al Seal Robin J. Goshom, Notary Public Carllsla BolO, Cumberland County My Commission ExplraaAp~ll1, 1999 " ;:~~......:.; -," . ,. d.: . .;pl\ Z 7],'1 '153 1.13 . ~2: Receipt for Certified Mill . . .. No ImurancI Cover.g. Provided "= __ Do nol UN lOt Inltrnldonll Mln ~ ISH RI.lfNI ~ "":tohn A. Bear ne ~. .~. '~ 17013 .55 1.10' . 2.75 , 1.10 'I Ie ~ l ~ C'? E (') ~~ c? g~ c :::: ~ ~R 0.... 9.;j I::) ~!g N n:~ U ~~ 14J ;.:.: Q It.. Ln U a'I G . 4-.,..;<._ \. ~ .' DEBRA K, BEAR, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION. LAW 95-6784 CIVIL TERM V. JOHN A. BEAR, Defendant ~ ~ AND NOW, February 20, 1997, the parties having appeared for hearing, Debra K. Bear, represented by private counsel, Anne M. Shepard, Esquire, and John A. Bear appearing pro se, upon agreement of the parties It Is ordered and directed that: A. John A. Bear shall pay $384.25 to Debra K. Bear for the costs and legal expenses of their divorce. Said payment shall be made to Griffie & AS80clates Law Firm and In the following manner: $150.00 paid on February 21, 1997 $234.25 paid on March 7, 1997. B. That he shall pay $233.94 cents per month to PNC Bank until the payments are brought current. Thereafter, he shall pay $116.97 per month until the loan Is paid in full. C. That he shall pay to Debra Bear $240.00, the cost of preparing and filing said petition for contempt. Said payment shall be made In full to Griffie & Associates Law Firm no later than May 21,1997. Anne M. Shepard. Esquire For the Plaintiff By the Court, J. John A. Bear, pro se ~~~. ~.;.,~ .:J./:l.o/f7. ..A. ('. ,,0 ~ ~~~0&~ /' 'rfl ,/ c(, 'C JJ"br -f )' -,~-~- F1I.ED-QFF1CE OF iH': r:l'(I~..r.!,!m,.RY 91FEB 20 PH 2: n I CUM">"'" I'," ,.,/,\' "'1'" ~_I.!J'..~ v~l"rl\ I PENNSYLW..NlA DEBRA K. BEAR. Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA vs. JOHN A. BEAR, Defendant CIVIL ACTION. LAW NO, 6784. CIVIL i9%' IN DIVORCE Iqqs NOTICE OF ELECTION TO RETAKE FORMER NAME Notice is hereby given that the Plaintiff in the above maller, having been granted a Final Decree in divorce from the bonds of matrimony on the 25111 day of September, 1996, hereby elects to retake and hereafter use her previous name of Debra K. Caufman, a-k~- Debra K. Bear aJ~- ~ e.~~w- Debra K. Caufman COMMONWEALTH OF PENNSYLVANIA: SS, COUNTY OF CUMBERLAND On the J PM day of , 1997, before me, a Notary Public, personally appeared Debra K. Bear, known 0 me to be the person whose name is subscribed to the within document, and acknowledged that she executed the foregoing for the purpose therein contained, IN WITNESS WHEREOF, I have hercunto sct my hand and Notarial Seal. ~ Ii h J! '17/ Lt~A~___,. Notary Public' NOlarial So.1 Leah A. Millar, Notary PubliC C.~iale Boro, CumbOfland County My Commission E.plrea Apm 17.2000 t'::: t:~ " l!Jo-' L")~' tc''. 1.'_. L;)~ ,', \2:/ ~ en (". \:.. .- <-~ c. C"~ ('. ~; 0 .- " l.!. '-' - -; .... l:f' , ~ .:;;':;' '_.l~~ ..--:J ;~ '(') ,l..: .-." .Hij .-~1U. " ':; u i --a. S r- ~ ~ - :;:L ~ c.J -i. '"' " ~ .. ,..,- -:":'..... ',0,/ ., .' o ~ cr ::r ':U ~