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HomeMy WebLinkAbout96-00118 ~ -, ~i pi I I I I I . ;J' i i , (... o - a t-= i . i I ."! , i of t ~ r i , , j , f ~. ., I ' {. .". ! , , , , i '! l ' .> , " I "' ! I , , , , ~ i , i J i I I I I 00 - - l : t ; ! , I , ~. t , j . , i , , , i' \. i , ! :'. : , ~I ~) d ZI I , \ ~ / / ._''''_,'''.''.__'_'__'.'''.. '!!'.z.... '. ....,,~_x.c____.._,._~ -- - . . ~ . . . . . JIUS~,E, ,~ThOR." .. "".."."" "..",l'l.aintiff . .."-~SR",mn..oR.", . . i .. . . I . I . . j . . . ~ . IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY STATE OF '* PENNSYLVANIA Vcrsu. ."." ".'"." /I II I I N ()..!l.(i.,::lIl1"."li.IV;U..:.\'~M. 19 ,Defendant DECREE IN DIVORCE AND NOW, . , . , . f\ ~ '(J~ .~t. . . . ., . . . . , .. 19 9~, . , .. It is ordered and decreed that,. . " .l,llJl,l~. !l.". m~!l. . . . . . . . ." . ..... . ... . ... '" plaintiff, and..... .. ... JAMES. x, .tRAYlAIl,..,.. .... ., . .., .,.... .... .,... defendant, are divorced from the bonds of matrimony. The court retains jurisdiction of the following claims which have been railed of record in this action for which a final order has not yet been entered: ~:-: .~'! .~r:~~'!~ .~'1H~'1'!''!r;t~.~r'!'!~'!!'~. "~~"~~!l. ~~~. P!l:c.t.i~!,. ~.a.t.e~. .J.~l'y. .9... ,1996. ia bereby entered ao an Order of Court and the teras thereof are hereby ............ ......... ......... .... .... ...... ...... .... ..... ......... ....... incorporated in the Decree in Divorce. :~;;,~h.,~ tJ a. ~(...,,"" i"......'u.K:t. ~ff ~.d:.,..~ J. ...~..: .r. ~~'" ~P~Olh~~OI.~(' 1iI --_._._----...~---~----~ . .. . . . .. . . . .. . . . I -. . . . . i . ~ - . . . - . , . ill 8 8 8 * ~ gf4& (jJ.('tJ;Z;:"~ ~ ;4 ~;A (9'9~ 'lb-fi4, /I'C~ Z .?rr' . . SUSAN E. TRA YLOR, Plaintill' IN TIlE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 96-118 CIVIL TERM JAMES R. TRAYLOR, Defendant IN DIVORCE MARITAl. AGREEMENT THIS AGREEMENT, made this 'i J(day of It I ~1 ,1996, by and between James R. Tmylor, hereinatler-relerred.to as Husband, 01'23 North"Qul[in Street, Shippensburg, Cumberland County, Pennsylvania, 17257, and Susan E, Traylor, hereinatler.referred.to us Wife, of 1061 Ridge Road, Shippensburg, Cumberland County, Pennsylvania, 17257. WITNESSETH: WHEREAS, the parties hereto are Husband and Wile, having been married on October 6, 1990, in Newville, Cumberland County, Pennsylvania, with one child having been born of the marriage - Rebecca Elizabeth Traylor. WHEREAS, diverse unhappy dill'crences, disputes and diniculties have arisen between the purties and it is the intention of Wile and Husband to live separate and apart, and the parties hereto are desirous of sellling some of their respective financial and property rights and obligations as between each other including, without limitation by specification: the implementation of custody/visitation arrangements for the minor child of the parties, the equitable division of marital property, and the sellling of all mailers between them relating to the pust, present and future support, alimony and/or maintenance of Wife by Husband or of Husband by Wife, NOW, THEREFORE, in consideration of the premises and of the mutual promises, covenants and undertakings hereinatler set forth which are hereby acknowledged by each of the parties hereto, Wife and Husband, each intending to be legally bound hereby, covenant and agree as follows: AGREEMENT NOT A BAR TO DIVORCE PROCEEDINGS This Agreement shall not be considered to a!Teet or bar the right of Wile or Husband to a limited or absolute divorce on lawful grounds if such grounds now exist or shall hereatler exist or to such defense as may be available to either party, This Agreement is not intended to condone and shall not be deemed to be a condonation on the part of either party hereto of any act or acts on the part of the other purty which have occasioned the disputes or unhappy dillerenees which have occurred prior to or which muy occur subsequent to the date hereol: The parties intend to secure a mutual consent, no.fault divorce pursuant to the tenns of Section 3301 (c) of the Pennsylvunia Divorce Code of 1980, as amended. MARK. WEIGLE AND PEHKINS - ATTORNEYS AT LAW - 1010 EAST KINO SlnEl:l _ !iIIlPPEN!iIlUIIO, "A 11;;161.1307 EFFECT OF DIVORCE DECREE Thc partics agrcc thatunlcss othcrwisc spccifically providcd hcrcin, this Agrccmcnt shall continuc in full forcc and cffect ancr su~h timc us u finul dccrcc in divorcc muy bc cntered with rcspectto thc partics. AGREEMENT TO BE INCORPORATED IN DIVORCE DECREE Thc parties ugrec tlllltthc tcnns of this Agrecment may bc incorporated into any divorce decrcc which may bc cntcrcd with rcspect to them. DATE OF EXEC\JTION Thc "datc of exceution" or "cxeeution datc" of thc Agrccment shall bc dcfined as thc datc upon which it is exeeutcd by thc partics ifthcy havc cach cxccutcd thc Agrecmcnt on the swne date, Othcrwisc,thc "datc ofcxccution" or "cxeeution datc" of this Agrccment shall bc dcfincd as the date of execution by thc party Jast cxccuting this Agreemcnt. ADVICE OF CO\JNSEL The provisions ofthis Agreement und their Icgal ellect have been fully explained to Wife, by Jerry A. Weigle, Esquirc, who is allorncy for Wife and who prepared this marital agreement. Husbund acknowledges that hc has bccn advised of his right to seek independent legal counsel and he has decided not to do so. !loth parties acknowledge that they fully understand the facts and have becn fully inlonncd as to their legal rights and obligations and understand the same. The parties hercto further acknowlcdge and acccptthatthis Agreement is, in the circumstunces, fair und equitable und that it is being entercd into freely und voluntarily aner having received such advice and with such knowledge, and that execution of this Agreement is not the result of any duress or undue inlluence and that it is not the result of any collusion or impropcr or illegal agreement or agreements. PERSONAL RIGHTS Wife and Husbund may und shall, at all times hereafter, live separate and apart. They shall be free from any control, restraint, interference or authority, direct or indirect, by the other in all respects as fully as if they were unmarried. They may reside at such place or places as they may select. Each may, for his or her sepnrnte use or benefit, conduct, carry on und engage in any business, occupation, profession or employment which to him or her may seem advisable. Wife and Husband shall not molest, harass, disturb or malign each other or the respective families of each other nor compel or allernptto compel the other to cohabit or dwell by uny meuns or in any munner whatsoever with him or her. TANGIBLE PERSONAL PROPERTY Husband and Wife do hereby acknowledge that they have previously divided their tangilbe personal propcrty including but not nccessarily limited to automobiles, jewelry, clothes, furniture, furnishings, rugs, carpcts, househuld cquipment and appliances, pictures, books, works of art and other personal property and hereancr Wife agrees that all of the property in the possession of Husband shall be thc solc and separate property of Ilusband and Husband agrees that all of the propcrty in the possession of Wifc shall bc thc solc and separate property of Wifc. The parties do hereby specifically waivc, release, renounce and forever adundon whatever claims, ifany, he or she MARK, WEIGLE AND PERKINS - AfTORNEVS AT LAW - 126 EAST KING STREET _ StUPfJENsnurm. PA 11257.1301 may have with respect to the above items which shall become the sole and exclusive property of the other. AFTER-ACOlJlRED PERSONAL PROPERTY Each of the parties shall herealler own and enjoy, independently of any claim or right of the other, all items of personal property, tangible or intangible, herealler acquired by him or her, with full power in him or her to dispose of the same a~ fully and eflcetivcly, in all respects and for all purposes, as though he or she were unmarried, WARRANTY AS TO EXISTING OBLIGATIONS Each party represents that they have not heretofore incurred or contracted for any debt or liability or obligation lor which the estate of the other party may be responsible or liable except as may be provided for in this Agreement. Each party agrees to indemnify or hold the other party hunnless from and against any and all such debts, liabilities or obligations of every kind which may have heretofore been incurred by them, including those for necessities, except lor the obligations arising out ofthis Agreement. WARRANTY AS TO FUTURE OBUGA TIONS Wife and Husband each covenant, WUlTllllt, represent and agree that each will now and at all times herealler save hunnless and keep the other indemnified from nil and debts, charges and liabilities incurred by the other aller the execution date of this Agreement, except as may be otherwise specifically provided for by the tenus of this Agreement and that neither of them shall herealler incur a liability whatsoever for which the estate of the other may be liable. WAIVER OF EMPLOYMENT BENEFITS AND INDIV~~~AL RETIREMENT ArCOUNTS AND BANK ACCOU Husband hereby waives any and all rights to shure in Wife's retirement pension profit sharing plan or plans individual retirement account or accounts and bank accounts. Wife hereby waives any and all rights to share in Husband's retirement pension profit sharing plan or plans individual retirement account or accounts and bank accounts. CUSTODY AND VISITATION OF MINOR CHILD A. Parties agree that primary residential custody of Rebecca Elizabeth Traylor shall be with Wile subject to Husband's right to periods of partial custody. B. Husband shall be entitled to periods of partial custody based upon a schedule to be agreed upon from time to time between Husband and Wife. C. Husband shall provide Wilc with a minimum of one (I) week advanced notice when he desires to exercise a period of partial custody. D. Unless otherwise agreed, Husband shall be responsible for providing transportation of the minor child to and from Wilc's residence. MARK, WEIGLE AND PERKINS - ATTORNEYS AT LAW - 126 EAST t<ING STREET _ 5HIPflENSlIUUO, PA 11267.1307 CONSULTATION PRIVILEGES In addition to any provisions which may be contained herein regurding custody and visitation, Husband and Wife shall have the following rights with respect to the child: reasonable telephone calling privileges; access to report cards and other relevant infonnation concerning the progress of the children in school; approval of extraordinary medical and/or dental treatment except in the case of an emergency and provided that such approval shall not be unreasonable withheld; approval of summer camp and schools provided that such approval shall not be unreasonably withheld. WAIVER OR MODIFICATION TO BE IN WRITING No modification or waiver of any of the tenns hereof shall be valid unless in writing and signed by both parties and no waiver of any breach hereof or default hereunder shall be deemed a waiver of any subsequent delimit of the same or similar nature. LA W OF PENNSYLVANIA APPI.ICABLE This Agreement shall be construed in accordance with the laws of the Commonwealth of Pennsylvania. AGREEMENT BINDING ON HEIRS This Agreement shall be binding and shall inure to the benefit of the parties hereto and their respective heirs, executors, administrators, successors and assigns. 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 sueh breach or seek such other remedies or relief as may be available to him or her, and the party breaehing this contract shall be responsible for payment of legal fees and costs incurred by the other in enforcing their rights under this Agreement. WAIVER OF AI.IMONY AND OTHER RIGHTS The parties hereto have been infonned of their rights or have been advised to seek counsel to infonn them of their rights under and pursuant to the Divorce Code, Action of April 2, 1980, Number 1980-26, as amended, particulurly the provisions for alimony, alimony pendente lite, equitable distribution of marital property, counsel fees or expenses. Both parties agree that this Agreement shall conelusively provide for the distribution of property under the said law and except as specifically provided for in this agreement, hereby waive, release and relinquish any further rights they may respectively have against the other for alimony, alimony pendente lite, equitable distribution of marital property, eounsel fees or expenses. From the date hereof, each party may acquire either personal or real property in their own name. Any property so acquired shall be owned solely by the individual and shall not be subject to any claim whatsoever by the other party. FINANCIAL DlSCLOSlJRE The parties confimtthat they have relied on the substantial accuracy of the financial disclosure of the other as an inducement to the execution of this Agreement. MARK. WEIGLE AND PERKINS - ATTORNEYS AT LAW - 126 EAST KINO STREET _ 5HIPPENSnURG. PA 17257.1397 VISIT A TION MAKE.' IP TIME The parties recognize that there may be circumstances from time to time which may prevent the exercise of visitation at the agreed dates and times. To that end, the parties agree that eaeh will give timely and reasonable notice to the other of the existence of such circumstances. The parties further agree that an equal amount ofmnke.up visitation time will be granted for any visitation which does not take place as scheduled. ILLNESS OF CIIILD In the event of any serious illness of the child at any time, any party then having custody of the said child shall immediately communicate with the other party by telephone or any other means, informing the other party of the nature of the illness. During such illness, each party shall have the right to visit the child as often as he or she desires, consistent with the proper medical care of the said child. The word "illness" as used herein shall mean any disability which confines the child to bed under the direction of a licensed physician for a period in excess of 48 hours. DEPENDENCY EXEMPTIONS FOR INCOME TAX For purposes offcdcral and state income taxes, Wife shall claim herself and Rebecca Elizabeth Traylor. The parties agrce to file separate returns. LIFE INSIIRANCE FOR BENEFIT OF MINOR CHILD Hushand agrces that prior to the execution of this marital agreement he will secure a whole life or universal life insurance policy on his life in the face amount of one hundred thousand ($100,000.00) dollars. The parties further agree as follows with respect to said policy of insurance: 1. Wife shall be the owner of said policy of insurance. 2. The eouple's minor child, Rebecca Elizabeth Traylor, shall be the primary beneficiary and wife or wife's estate shall be the contingent beneficiary. 3. Rebecca Elizabeth Traylor (if an adult) or wife or such other person who is exercising primary residcntial custody over the said Rebecca Elizabeth Traylor shall have the unqualified right to borrow against said life insurance policy for any educational objectives of the said Rebecca Elizabeth Traylor beyond a public high school diploma. 4. Husband shall pay any and all prcmiums on said whole life or universal life insurance policy and furnish proof to wife in writing as she may reasonably request that the policy is in effect and as to payment ofpremiums. REAL ESTATE Parties hereto acknowledge and agree that Wife owns no real estate as of the execution of this martial agrecmcnt. With respect to any and all real estate owned by Husband, Wife hereby waives any and all rights to claim any interest or share in said real estate that she may have. MARK. WEIGLE AND PE'U~IN5 - ATTORNEVS AT LAW - 120 EAST KINO STREET _ SliIP"ENSUUHO, PA 170157.1307 MONETARY PA YMENT FROM IIUSBAND TO WIFE In considcration of the promises contained herein,llusband agrees to pay Wife the full sum of one thousand ($1,000.00) dollars upon the execution of this marital settlement agreement. LEGAL FEES Wife shall pay the cost oflegallees incurred in prepamtion of this marital agreement and al\ legal lees and court costs in connection with obtaining a 201 (c) No.Fault Divorce. Wile agrees to cooperate by executing the necessary consents and other documents required to effectuate said divorce, as requested by Wile's attorney. 1 " , MUTUAL RELEASES Ilusband and Wile each do hereby mutually remise, release, quitclaim and torever discharge the other and the estate of each other, lor all time to come, and tor all purposes whatsoever, of and from any and all rights, title and interest, or claims in or against the property (including income and gain from property herealler accruing) of the other or against the estate of such other, of whatever nature and wheresoever situate, which he or she now has or at any time hereaHer may have against such other, the estate of such other or any part thereol: whether arising out of any tonner acts, contracts, engagements or liabilities of such other or by way of dower, courtesy, or elaims in the nature of dower or courtesy or widow's or widower's rights, lumily exemption or similar allowance, or under the intestate laws, or the right to take against the spouse's will; or the right to treat a lifetime conveyance by the other as testanlentnry, or all other rights of a surviving spouse to partieipate in a decease spouse's estate, whether arising under the laws of (a) Pennsylvania, (b) any State, Commonwealth or territory of the United States, or (c) any other country, except, and only except, all rights and agreements and obligations of whatsoever nature arising or which may arise under this Agreement or lor the breach of any provision thereof. It is the intention of Ilusband and Wife to give to each other by the execution of this Agreement a full, complete and general release with respect to any and all property of any kind or nature, real, personal or mixed, which the other now owns or may hereaHer acquire, except and only except all rights and agreements and obligations of whatsoever nature arising or which may arise under this Agreement or lor the breach of any provision thereof. DIVORCE The parties hereto agree to enter into a mutual consent divorce under Section 201 (e) of the Pennsylvania Divorce Code of 1980. Wite agrees to pursue the present divorce action tiled to No. 96-118 Civil, 1996 in Cumberland County, Pennsylvania, and to be the Plaintitl'therein. Ilusband agrees to sign the necessary documents, including the Aflidavit of Consent, at such time aHer the ninety (90) days ofthe tiling of the Complaint and further instruments that may be reasonably required to give full force and ellect to the provisions of this Agreement. WARRANTY AS TO EXISTING OBLIGATIONS Each party represent that he or she has not heretofore incurred or contrncted lor any debt or liability or obligation tilr which the estate of the other party may be responsible or liable except as may be provided lilr in this Agreement. Each purty agrees to indemnily and hold the other party harnlless from and aguinsl uny and all such debts, Iiubilities or obligutions of every kind which muy have heretofore been incurred by them, including those lor necessities, except lilr the obligations arising out of this Agreement. MARl<. WEIG\.E AND PERKINS _ ATTonNEVS AT LAW ~ 12U [ASr KING SlnCET, MUI'I'EN!lIlUlffi, I'A 112f\1 LlU"' ENTIRE AGREEM.ill:IT l11is Agreement constitutes the entire understanding of the parties and supersedes any and all prior agreements and negotiations between them, There are no representations or warranties other than those expressly set forth herein. NO WAIVER OF DEFAULT l11is Agreement shall remain in full force and effect unless and until terminated under and pursuant to the terms of this Agreement. The failure of either party to insist upon strict performance ofuny of the provisions of this Agreement shull in no wuy uffect the right of such party hereafter to enlorce the same, nor shull the waiver of any breach of any provision hereof be construed us a waiver of any subsequent delilUlt ofthl: same or similar nature, nor shall it be construed as a waiver of strict performance of any other obligations herein. SEVERABILITY If any tenn, condition, clause or provision of this Agreement shall be determined or declared to be void or invalid in law or otherwise, then only that term, condition, clause or provision shall be strieken from this Agreement and in all other respects this Agreement shall be valid and continue in full force, effect and operation. Likewise, the failure of any party to meet her or his obligations under anyone or more of the paragraphs herein, with the exception of the satisfaction of the conditions precedent, shall in no way avoid or alter the remaining obligations of the parties. HEADINGS NOT PART OF AGREEMENT Any headings preceding the text of the several paragraphs and subparagraphs hereof are inserted solcly for convenience of ref ere nee and shall not constitute a part of this Agreement nor shall they affect its meaning, construction or etli:ct. VOLUNTARY EXECUTION The provisions of this Agreement and their legal effect have been fully explained to the parties by their respective counsel, 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. IN WITNESS WHEREOF, the parties hereto have set their hands and seals the day and year tirst above written. WITNESS: 1'1 ( , LJ n /. \\.d ,C~l'" (,7- r /.ILl \. , II \, '\ ~,'" ,\ \\\~," \ "~\~^ SUSAN E. TRAYLOR (J 7J~A c.. . .r:Jv....kL...... ("] /A'~~'?" ~ ~k; ~~iSR.TRAYLOR / -- MARK, WEIGLE AND PERKINS - ATTORNEYS AT LAW - 126 EAST KINO STREET _ SHIPPENSBURG, PA 17257-1307 COMMONWEALTH OF PENNSYLVANIA :SS. COUNTY OF CUMBERLAND On this, the '711.. day of )./;1..} (I" (J , 1996, before me, a Notary Public, the undersigned officer, personally appeared Susan E. Traylor, known to me to be the person whose name is subscribed to the within Agreement and acknowledged that he executed the same lor the purposes tberein contained. NolarteI6NI ~ RhclndI R. Woilard, ~ FUlIo ~~I~~~ COMMONWEAL TlI OF PENNSYLVANIA :ss. COUNTY OF CUMBERLAND (0 ,I. I t{1 On this, the I day of (! It ' 1996, before me, a Notary Public, the undersigned ollicer, personally appeared James R. Traylor, known to me to be the person whose nwoe is subscribed to the within Agreement and acknowledged that she executed the same lilr the purposes therein contained. " Not.'\MI Seal Rhonda R Wo.1ord. NoI.vy NlIo 5hiR>enWo Ilo<ll, Cun_J Cany My Convni'..aion E>qne JM120. 1097 MARK. WEIGLE AND PERKINS - ATTORNEVS AT LAW - 126 EAST KING STREET _ SIIIIJlltN')UUllIl, I"^ ""''''1 1:1U, SUSAN E. TRAYLOR, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 96-118 CIVII. JAMES R. TRAYLOR, Defendant To the Prothonotary: PRAECIPE TO TRANSmT RECORD Transmit the record, together with the following information, to the court for entry of a divorce decree: 1. Grounds for divorce: irretrievable breakdown under Section 3301{c) of the Divorce Code. 2. Date and manner of service of the Complaint: February 6, 1996, Certified Mail. 3. Date of execution of the Affidavit of Consent required by Section 3301{c) of the Divorce Code: a. By the Plaintiff: July 5, 1996 b. By the Defendant: July 9, 1996 4. Related claims pending: None - The Marital Settlement Agreement between the parties, dated July 9, 1996, is hereby entered as an Order of Court and the terms thereof are hereby incorporated in the Decree in Divorce 5. Date of execution of the Waiver Of Notice Of Intention To Request Entry Of A Divorce Decree under Section 3301(c) of the Divorce Code: by Plaintiff July 5, 1996; by Defendant - July 9, 1996. ~ WEIGLE AND ~ERKTNS By~J C ~ David P. Perkins, for Jerry A. Weigle Jerry A. WeiKle Attorney for Plaintiff Attorney 1.0. Number 01624 MARK, WEIGLE AND PERKINS - ATTORNEYS AT LAW _ 126 EAST KING 51HI::ET ._ 5HIJlPENSnuno, "A 112!i".13D7 1;:"/ ~. L'; (/ ~ i:.~- U!!" c: , n: t..J. F~' .', <it 1 ", [i'" ,....~, ) -!(j I ! -~; fe! !'-' -~ :-;) i .....:.; !":'t. ", .,-) " 0 <. , 0 SUSAN E. TRAYLOR, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v. NO. CIVIL 1996 q tr - 11'.5 GI.',;Q. T(..-,,') JAMES R. TRAYLOR, DefendAnt IN DIVORCE NOTICE TO DEFEND AND CLAUI RIGHTS You have been sued in COllrt. If you wlRh to defend aj!ainst the claims set forth in the fol10winl! pAges, you mURt 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 a1RO be entered against you for any other claim or relief requested in these pllpers by the Plaintiff. You may lose money or property or other rights important to you, including custody or visitation of your children. When the grounds for the divorce is indignities or irretrievable breakdown of the marriage, you may request marriage counsel ing. A list of marriage counselors is available in the Office of the Prothonotary at Cumberland County Court House, First Floor, Carlisle, PA 17013. 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 ~~Y LOSE THE RIGHT TO CLAIM ANY OF THEM. YOU SHOULD TAK~: TillS PAPER TO YOUR LA\oIYER AT ONCE. IF YOU DO NOT HAVE A LA\oIYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Court Administrator, Fourth Floor Cumberland County Court House Carliale, Pennsylvania 17013 Telephone (717) 240-6200 MARK. WEIGLE AND PERKINS - ATTORNEYS AT LAW - I~e EAST KINO 5TREET _ SHIPPENSDURO, PA 17~57.1JQl SUSAN E. TRAYLOR, Plaintiff IN TilE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYI.vANIA v. NO. CIVIl. 1995 JAMES R. T~\YLOR, Defendant IN DIVORCE CO~IPl,AINT IN DIVORCE COUNT I - IRRETRIIWAHI.I': llREAKDOWN AND NOW comeA the ahove named Plaintiff, SUSAN E. TRAYLOR, by and through her attorney, Jerry A. Wei~le, Esquire, and neekn to ohtain a Decree in Divorce from the above-named Defendant, upon the Rroundn hereinnfter more fully set forth: 1. Plaintiff, Susan E. Traylor, In nn adult individual reniding at 1061 Ridge Road, Hopewell Township, Cumherland County, Pennnylvania, nince lJeccmher 28, 1995. 2. Defendant, James R. Traylor, in an adult individual residing at 23 North Queen Street, ShippennburR, Cumberland County, l'ennnylvania, nince Septemher, 1987. 3. The Plaintiff and the Defendant arc nationaln and cit1zenn of the United Staten of America, and both have been honn fide renidents of the Commonwealth of Pennsylvania, for at least six (6) monthn immediately previoun to the fiUnR of thin Complaint in Divorce. 4. The Plaintiff and Defendant were married on October 6, 1990, in NeWVille, Cumberland County, Pennnylvania. 5. There have been no prior actionn of divorce or for annulment between the parties in this or any other jurisdiction. 6. Plaintiff has been ndvlned that counnelinR in available and that P1nintiff may have the right to request that the court require the partien to participate in counnel1ng. 7. The marriage in irretrievnbly broken. MARK, WEIGLE AND PERKINS - AfTOfmEY5 AT LAW - 126 EAsr KINO SlREET _ 5HIPPENSUUlm, PA 17257.1307 8. The partiea have lived aeparate and apart aince December 17, 1995. 9. The Plaintiff requeata the court to enter a decree of divorce. COUNT II - INDIGNITIES GROUNDS FOR DIVORCE 10. Paragraph a I throu~h 9 of thia Complaint are incorporated herein by reference as though aet forth in full. II. Defendant haa offered to the peraon of the Plaintiff. Plaintiff being the innocent and in,jured spouae. such indi~nities aa to render Plaintiff's condition intolerable and Plaintiff'a life burdensome. COUNT III - EQUITABLE DISTRIBUTION 12. Paragrapha I through 11 of thia Complaint are incorporated herein by reference as though aet forth in full. 13. Plaintiff and Defendant have legally and beneficially acquired property. both real and pernonal, during their marrIage from October 6. 1990. until December 17, 1995. the date of their aeparation. all of which property in "marital property". 14. Plaintiff and/or Defendant have acquired. prior to the marriage or subsequent thereto, "non-marital property" which hnn increased in value since the date of the marriage and/or subsequent to its acquinition during the marriaRe. which increaae in value is marital property. 15. Plaintiff and Defendant have been unable to agree as to an equitable division of said property to the date of the filing of this Complaint. 16. Plaintiff requeats the Court to equitably divide 0111 maritnl property. COUNT TV - COUNSEL FEES 17. Paragraphs I through 16 of thia Complaint nre incorporated herein by reference liS though set forth in full. MARK, WEIGLE AND PERKINS - ATTORNEYS AT LAW _ 126 EAST KING STREET _ SItIPPENSUURO. PA 17267.1397 18. Plaintiff has employed .Jerry A. Weigle, Esquire, of the firm of MARK, WEIGI.E & PERKINS as counsel, but is unable to pay the necessary and reasonable attorney's feea for said counsel. 19. P1sintiff is in need of hirin~ a real estate appraiser nnd other experts and does not have the funds necessary to pay the necessary and reasonable fees. 20. Plaintiff requests your Honorable Court to enter an award of temporary counsel fees, costs and expenses and to order such additional sums thereafter as may be deemed necessary and appropriate. and at final hearing to award such additional counsel fees, costs nnd expenses as are deemed necessary and appropriate. WHEREFORE, the Plaintiff prays your Ilonorable Court to enter a Decree from the bonds of matrimony and for such other nnd further relief ns th shall be entitled to. By: in Divorce laintiff MARK, WEIGLE AND PERKINS 126 East King Street Shippenoburg, PA 17257 Telephone: (717) 532-7388 I verify that the statements msde in the fongoing Complaint in Divorce are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. S4904, relating to unsworn \ falsification to authorities. Dated: /.J /N/c;.~'- '.:-\ J~)":' ( MARK, WEIGLE AND PERKINS - ATTORNEYS AT LAW - 126 EAST KING STREET _ SHIPPENSBURG. PA 17257.1307 ~ .j) .jf -{ :if r '5 .J , U u i I; u .." -0 'I 11. /_1. (L >. 0 " ..,.. r:: ,j " 0 U ,) (~ f' ';. U l.; !.o) :,'.. l() In <.J III~"! :.:.;... U (). .. '. }-'. r~1 , I.J: l{l 1,-) () I.J U D> j.., .., rt1 .J - S),:' r- (\."1 , rt '0 I.() r - r:':I1 c-) -.' ll' ('] ~:J' -. r() I .. , ltJ ;;f L:" I ~ , 'q 'tt I" '11 . .. ...... J ct. " ~'j .J U \;') c.J C,,', U ~;S ~~ '" z - :.c ~ t ~lJ] l>l i~ u ~s8~~ J '" 0 =.:i~~lilij ... ... :> l>l ... '" ... z.. z_... o . u .... I1l A <<\:It!:::;! ~~ '" ... '" 0 '" '" z 11.I "'!: .!; i=: I :> .... . QJ ... ..li:i 1Il li 01 - J ... . I1l > .... 0 A "'.... '" QJ .... t.:liri~;;>;r.!; ....u . op.., OA Z l:l Q !l! Q .. ~~~ ~ ~ ..l ... ~I: ~=~ f ~ :s <;!l..~'" .... ~ . -.. /:! I :.c - 0 iii = jSl>l . . u < '" l>l '" z~ ~ lJ] ~ ...u ~ lJ] t:> lJ] ..., . . . . i. i~ ( ~ [ , " I .. . . ., . SUSAN fl. TRAYLOR, Plnintiff TN TIlE COURT OF COMMON PLflAS OF CUMBERLAND COUNTY, PENNSYJ,VANIA v. NO. 96-118 CIVIL TE~1 JAMES R. TRAYLOR, Defendnnt IN DIVORCE AFFIDAVIT OF SERVICE \ 1 Receipt for Certified Men '. No Inaur.nee Coverage P,avlded .IIIIr.. Do not u.. for Intematlonel M.1l es.. R.vI,..) Z 723 "I],], SOL PO, 51111 InllllP Colli Polllgl . , :jJ /,//) d 7r ll(J . - \7; ..J Cttllh.1I h. Speclil 0.1",...., f.. ,...llleltd O'./'f..... f.. i "IN,n f1KI'P1 ShowIng ~ 10 Whom . Dill Delrv..ld 1! AIMn AICI'P1 SM1'f'tlg 10 Whom, I o.lI,lnd, 11/1.. f TOTAL Polllg. ItFHI \ '. .IIm, ~'o' ~ I '" ~ " . :) .. ...~-.~---"" ... ~ f'. f ' - i.... , -- a ""_ _. 1 11Io wteh 10 ....... the I '" c_ - a. ... 4e'~. faIo"~1ll1lMcea /for III _~ I '-__IIId_....._"'...._.._..... fee" I -....-..Y"U. '~e::::..~....._o\..._,"'....._H_ ,. OAddr tn...... .., ". w...._............'lIl1.'.....__...__ 2,1I....~"'....~ '..' : I :.:::..-...........-.-...---......- C-.It foi. I : ,3. Arttde Addrlmd 10: , 4IZ ~1r trr'SOI J I : - J_ . ftllLOa I ' 23 ..w QUID II'fID'r 411, hMc:e Type IBIPPlllduJIG'A 17257 0" 0 1-..01 I ' REC'-- . ""'TED II 0 coo r I \..... ....vI ' ~for I DELIVERY .~ t I ._, ~ . _.1.1 Ie lAgenll . ~ I . Oecember '18' """'-,--". DOMe.TIC IIETUIIN IIECEIPT I I .,..~..---~.."... --... MARK, WEIGLE AND PERKINS - ATTORNEVS AT LAW - 128 EAST KINa STREET _ SHIPPENSBURQ. PA 174157.1397 . (~ C') j: III': .' (;,.J ,-); . I:;: l~'. . c fl , .... . ; (..1 " I L, r, I I I U t.. , . , I..J n !2 i~~ III - l.l :.c ~ "'" a !~8-! i "'" J "" ... ~~~ ... .! III =~~:'clC: ..i~ 100 Z.. . ~ ~ ~ ~~ lllI c:I 0 <<\: . ~~ '"' III '" ~ . E Ii! I~~~ I> 5 ..i:illll\:",~ I '" z · - J Ii I;; ;;, z C ; i:l " ~ !l! " .. e ~s . ~l:lIlz=1<< f III . lllI ..od:~~ I!l~il!l ~ ~ ~ -.. llC ;: I iil <( '" ~ . . . . . .. . .