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IN THE COURT OF COMMON
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OF CUMBERLAND COUNTY
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TIMOTHY RaUX,
Plaintiff
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AGNES ROUX,
Defendant
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DECREE IN
DIVORCE
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are divorced frorn the bonds of rnatrirnony.
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The court retains jurisdiction of the following c1airns which have
been raised of record in this action for which a final order has not yet
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The attached Property Settlement Agreement date June 16, 1998, IW
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TIMOTHY ROUX, I IN THE COURT OF COMMON PLEAS OF
Plaintiff I CUMBERLAND COUNTY PENNSYLVANIA
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vs. I No. 96 - 446
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AGNES ROUX, I CIVIL ACTION - LAW
Defendant . IN DIVORCE
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DECREE IN DIVORCE
AND NOW, this
day of
1998, it
is ordered and decreed that TIMOTHY ROUX, Plaintiff, and AGNES
ROUX, Defendant, are divorced from the bonds of matrimony, and
said parties shall be at liberty to marry again.
AND IT IS FURTHER ORDERED, ADJUDGED AND DECREED, that the
terms, provisions,
and conditions of
a certain
Property
Settlement Agreement between the parties dated June 16, 1998, and
attached hereto, are hereby incorporated in this Decree and Order
by reference as fully as though the same were set forth herein at
length. Said agreement shall not merge with, but shall survive
this Decree and Order.
By the Court:
J.
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AGREEMENT
MADE this\b~y of ~\L.t.. , 1998, by and between Aqnes
D. Roux, residing at 102 Springhouse Road, Shippensburg
17257, Cumberland County, Pennsylvania (hereinafter referred
to as the ~Wi!e"),
-and-
Timothy J. Roux, residing at 2333 McCleary Drive,
Chambersburg 17201, Franklin County, Pennsylvania
(hereinafter referred to as the ~Hu8band"),
WITNESSETH:
WHEREAs, the parties are Husband and Wife, and were married
on the 30th day of April, 1986, in Angeles City in the
Philippines; and
WHEREAs, there are two children born of the marriage, to
wit: Andrea A. Roux, born on the first day of February,
1987, and Christine M. Roux, born on the 8th day of June,
1988 (hereinafter referred to as the "children"), and no
others are expected of the marriage; and
WHEREAs, the marriage is irretrievably broken, as a result
of which the parties have separated and intend to continue
to live apart for the rest of their lives; and
WHEREAS, both and each of the parties hereto have been
advised of their legal rights and the implications of this
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Agreement and the legal consequences which may ensue from
the execution hereof by counsel of their choice; Carol Van
Horn, Esquire, for Wife, and Jeanne Wigbels, Esquire, for
Husband,; and
WHEREAS, the parties warrant and represent that they have
made a full disclosure of all assets and their valuation
prior to the execution of this Agreement and both and each
of the parties hereto acknowledge that they accurately know
the size, degree, and extent of the estate and income of the
other party; and
WHEREAs, the parties desire to confirm their separation and
to settle and agree upon their rights, present and future:
(a) in their respective estates, (b) in the property claimed
or owned by either or both parties, whether that property or
separate property under the laws of this State, (c) in all
causes of action, in law or in equity, except as hereinafter
provided, existing in favor of either party as against the
other, (d) in all issues concerning spousal support and
alimony, parenting, and child support and maintenance; and
(e) as to all other issues between the parties; and
WHEREAS, the parties are entering into this Agreement
voluntarily, without force, coercion or duress of any kind;
and
WHEREAs, the parties have reached agreement with the
assistance of, but not legal advice of Mediator, Laurri
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Soyler, Esquire, and each of the parties fully understands
the terms, covenants and conditions of this Agreement and is
of the belief that it is fair, just, adequate and reasonable
as to each of them and to their children, and after due
consideration, freely and voluntarily accepts and agrees to
its terms, conditions and provisions; and
WHEREAS, each of the parties agree to sign, at the time of
signing this Agreement, Affidavit of Consent and Waiver of
Notice forms to finalize divorce; and
WHEREAS, each of the parties desires that this Agreement
shall be incorporated, but not merged in, and judgment of
divorce that may be entered between them;
NOW, THEREFORE, in consideration of the premises and the
mutual covenants, promises and undertakings herein
contained, and other good and valuable consideration paid by
each of the parties to the other of them at execution and
delivery of this Agreement, receipt whereof is hereby
acknowledged, the parties hereby covenant, promise, and
agree to and with each other as follows:
ARTICLE I
INDEPENDENT LIVES
The parties agree to live separate and apart from each
other. Neither party at all times shall in any way molest,
annoy, disturb, trouble of disturb the peace of the other.
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Each shall be free from interference, authority, or control,
direct or indirect, and may engage in any occupation,
employment, or business without the consent of the other
party, in all respects as if unmarried. Each shall be free
to reside at such place or places as he or she may select.
Neither of the parties shall compel the other to cohabit or
dwell with him or her by any legal or other proceedings for
the restitution of conjugal rights or otherwise. Neither of
the parties shall at any time sue, molest, or disturb any
third party receiving, entertaining or harboring the other
of them.
ARTICLE II
MARITAL RESIDENCE
The parties heretofore occupied and are currently joint
owners of a house, 102 Springhouse Road, Shippensburg,
Pennsylvania 17257, in Cumberland County. The parties agree
that this marital home will hereafter be the exclusive
property of Wife. Wife will have sole ownership, use,
enjoyment and control of this residence, The parties agree
that title shall be changed into the Wife's name, with the
deed signed and refinancing completed within ninety (90)
days of the date of the signing of this Agreement.
ARTICLE III
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DISTRIBUTION OF ASSETS AND LIABILITIES
The parties acknowledge that they have, prior to the date of
the execution of this Agreement, in all aspects divided all
of their assets and liabilities in a manner satisfactory to
each of them so as to effect an equitable distribution of
the property of the marriage. The parties agree that the
title for the automobile "van" will be transferred from
Husband to Wife within thirty (30) days of the signing of
this Agreement.
ARTICLE IV
RETIREMENT INCOME, DEFERRED COMPENSATION AND PENSIONS
Each party shall have exclusive ownership of all interests
in any pension, individual retirement account (IRA), Social
Security benefits, retirement-income accounts, deferred
compensation, 40l(k) plan, and employee benefit plans in his
or her present name, including those maintained by his or
her present of former employers. The non-owner party shall,
upon demand, execute whatever documents may be necessary at
any time to waive entitlement to survivorship or spousal
benefits that may be available to him or her from the other
party's interest in any such plan.
ARTICLE V
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TANGIBLE PERSONAL PROPERTY
The parties agree that all items of tangible personal
property in the Wife's possession as of the date of the
execution of this Agreement are and shall remain the sole
property of the Wife. The parties agree that all items of
tangible personal property listed in Schedule A attached
hereto, and all items of tangible personal property in the
Husband's possession as of the date of the execution of this
Agreement are and shall remain the sole property of the
Husband.
ARTICLE VI
MAINTENANCE OF THE PARTIES
Each of the parties represents and warrants that, following
the signing of this Agreement, he of she is fully capable of
supporting themselves without assistance of any kind from
the other, and each irrevocably waives any and all claims
for spousal support, maintenance, or alimony from the other.
ARTICLE VII
CHILD SUPPORT AND EMANCIPATION
1. Support.
The husband, as and for the support of the unemancipated
children, agrees to continue to pay in accordance with
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Pennsylvania's Child Support Guidelines, through Cumberland
County Domestic Relations, and agrees to continue to pay
child support for each child until the first month in which
an emancipation event, as hereinafter defined occurs.
Each party agrees to be responsible for those expenses of
the children incurred while the children resides with them
in their separate households, except as specifically stated
herein.
2. Education.
Husband agrees to continue to pay child support for each
child through undergraduate cOllege if the child attends
college.
The parties agree to share the payment of the children's
undergraduate college costs. The cost of a college
education shall include application and testing fees,
tuition, room and board, fees, books and transportation to
and from school.
When and if a child chooses to attend college, if the
parties cannot reach agreement on how the college expenses
will be shared, the parties agree to resolve the sharing of
college expenses using mediation.
3. Medical Expenses
The Wife shall retain the children under the medical
insurance program provided by her current employer as long
as is permitted under the plans. If the Wife should change
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employment or the employer should change the insurance
program available to Wife, the parties shall arrange medical
insurance by mutual agreement. If the parties are unable to
agree, the parties agree to return to mediation to resolve
the issue. The parties agree that any unreimbursable
medical, therapy, dental or orthodontia expenses shall be
paid by the parties in amounts proportionate to their
respective incomes as determined by their tax returns for
the previous year.
4. Tax Deductions.
Each parent shall be entitled to claim one child as a
dependent for income tax purposes.
5. Emancipation.
Each child shall be deemed emancipated, and the parties'
obligation to support the child shall cease, on the
occurrence of the child's:
(a) Attaining the age of 18 years of age, unless
continuously enrolled in a full-time course of study leading
to an undergraduate college degree, in which case
emancipation shall occur on the first month of the child's
college graduation or 22~ birthday; or
(b) Entering into a marriage (even though such a marriage
may be void or voidable, and despite any annulment or
termination thereof); or
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(c) Establishing a primary residence away from the residence
of the Husband or the Wife, provided that a residence at
camp school, college or university shall not be deemed a
residence away from either party; or
(d) Entering into the armed forces of the United States
(provided that, in the event such service was involuntary,
the emancipation shall be deemed terminated upon discharge
from the armed forces as if such an emancipation be reason
of the entry had not occurred); or
(e) Engaging is full-time employment after attaining 18
years of age (provided that engaging in full-time employment
during vacation periods from school shall not be an
emancipation); or
(f) Death.
ARTICLE VIII
CUSTODY
1. Custody and Visitation,
The parties recognize that each is a fit parent and has
unique contributions to make to the children and that the
best interests of the children can best be served by the
parties mutual cooperation and sharing in parenting. The
parties agree as follows:
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(a) The Mother shall have primary physical custody of the
parties minor children. The parties shall share legal
custody of the children jointly.
(b) The Father shall have partial custody with the children
away from the residence of the wife on alternating weekends
from Friday evening at 6:00 p.m. through Sunday evening at
6:00 p.m.
(c) The parties shall each have such additional partial
custody with the Children as the parties may mutually agree.
2. Holidays.
(a) The parties shall alternate the holidays of Easter,
Independence Day, and Thanksgiving Day; whereby the children
spent Thanksgiving Day 1997 with Mother, and shall alternate
three holidays accordingly thereafter.
(b) The parties shall alternate Christmas Eve and Christmas
Day; whereby the children spent Christmas Eve 1997 with the
Mother. The parties shall also alternate New Year's Day and
Memorial Day.
(c) The parties are entitled each to have one (1)
consecutive three (3) week vacation or three (3) one week
vacations with the children each summer provided that at
least thirty days notice is given to the other party.
3. Emergencies.
The Husband and the Wife shall promptly inform each other
with respect to any serious illness of or accident to the
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children, and in the event that any such illness or accident
causes the child to be confined to bed or home of the
Husbdnd or Wife for more than 24 hours, the other shall be
entitled to visit the child at reasonable times for the
duration of such confinement.
4. Location.
The Wife and the Husband shall inform each other with
respect to the physical whereabouts of the children and
shall deep each other informed of her location and telephone
number if absent from their primary residence for a period
of more than three (3) days.
5. Medical Care.
The Husband and the Wife shall each be entitled to complete
and full information from any pediatrician, general
physician, dentist, psychiatrist, consultant or specialist
attending the children, and to have copies of any records or
reports given to the other.
6. School Records.
Each parent shall be entitled to complete and full
information from any teacher, school or college giving
instruction to the children or which the children may
attend, and to have copies of any records or reports given
to the other parent.
7. Death.
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In the event of the death of either party, the remaining
party will have sole custody of the children, and neither
will make any provision, in a will or otherwise,
inconsistent with this provision.
8. Alienation.
Both the Husband and the Wife shall exert every effort to
foster a feeling of respect and affection between the child
and the other party, and neither shall say or do anything
that may hamper the free development of the children's love,
affection, and respect for the other party. Neither party
shall directly or indirectly make statements derogatory of
the other.
ARTICLE IX
HEALTH INSURANCE
The parties agree that they will each maintain their own
health insurance.
ARTICLE X
WILLS
The parties agree that they each have obligations to their
children and each agrees to execute a will within sixty (601
days after the signing of this Agreement to protect the
interests of their children in the event of the death of one
of the parties.
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ARTICLE XI
TAX RETURNS
If in connection with any joint income tax returns
heretofore filed by the parties there is any deficiency
assessment, the amount ultimately determined to be due,
including penalties and interest, shall be paid by the party
who failed or neglected to disclose any income that should
have been included, or whose deductions solely allocable to
that party's income are disallowed.
ARTICLE XII
LEGAL REPRESENTATION
The parties declare that each has had the opportunity to
obtain independent legal advice given by counsel of their
own selection in connection with the negotiation and prior
to the execution of this Agreement, and has exercised this
right.
ARTICLE XIII
SEPARATE PROPERTY
Except as otherwise expressly set forth in this Agreement,
each party shall own, free of any claim or right of the
other, all of the items of property, real, personal and
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mixed, of any kind, nature or description and wherever
situated, which are now in his or her name, control or
possession, with full power to dispose of the same as fully
as if he or she were ;unmarried. It is the intention of the
parties by this Agreement to effectuate a full settlement
equitably dividing their property, and except as set forth
in this Agreement, each party waives any and all rights that
he or she may have to a distributive award or an award of
equitable distribution in respect of any property acquired
by the other, or jointly, either before or during the
marriage, or by either after the date of execution of this
Agreement. Each party agrees never to seek through judicial
proceedings or otherwise a distribution award of an award of
equitable distribution other than that set forth in this
Agreement.
ARTICLE XV
DEBTS
The Wife and the Husband agree to assume liability for all
loans or debts in her or his name. Each party represents
and warrants to the other that neither has incurred any
other debts or made any commitments for which the other, or
the estate of the other, is now or may hereafter become
liable, and each agrees that neither shall at any time after
the date of this Agreement incur any debt or make any
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commitment for which the other or the estate of the other
shall be or may become liable.
ARTICLE XVI
MUTUAL RELEASE AND DISCHARGE OF CLAIMS IN ESTATES
Each of the parties hereby waives, renounces, grants,
remises and releases to the other forever, for all purposes
whatsoever, all rights in the property of the other,
including but not limited to equitable distribution or a
distributive award of marital property, all rights and
interests which he or she may have or hereafter acquire in
the real or personal property of estate of the other
wheresoever situated and whether acquired before or
subsequent to the marriage of the parties of before or
subsequent to the date of this Agreement, by reason of his
or her inheritance or descent or by virtue of any decent or
estate law or statute or custom, or arising out of the
marital relation, or for any other reason whatsoever, and
each party hereby expressly waives and releases any right of
election under the laws of this state or any successor
statutes thereto, or any other law of any state, territory,
or jurisdiction , to take against the Last Will and
Testament or codicils thereto of the other, whether
heretofore or hereafter executed, and each party hereby
renounces and waives any right to administration of the
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estate of the other, and waives any right to become the
legal representative of the other's estate.
ARTICLE XVII
CLAIMS
Each of the parties shall and does hereby mutually remise,
release and forever discharge the other from any and all
actions, suits, claims, demands and obligations whatsoever,
both in law and in equity, that either of them ever had, now
has, or may hereafter have against the other upon or by any
matter, cause or thing up to the date of the execution of
this Agreement, except for any claims to a judgment of
divorce in its nonfinancial aspects by either party against
the other, and henceforth there shall be, as between them,
only such rights and obligations as to all such matters as
are specifically provided in this Agreement along with the
right to such a judgment of divorce.
ARTICLE XVIII
IMPLEMENTATION
Each party shall at any time upon request by the other party
or his or her legal representative, promptly make, execute
and deliver without charge any such other and further
instruments as may be reasonably necessary for the purposes
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of giving full force and effect to the provisions of this
Agreement.
ARTICLE XIX
FULL DISCLOSURE ANDVOLUNTARY ACCEPTANCE
The parties acknowledge that each has had a full and
complete opportunity to obtain any and all financial
information from the other, and each is satisfied that this
Agreement, and all of its terms and provisions, is fair and
equitable. The parties acknowledge that they are entering
into this Agreement freely and voluntarily; that they have
had full and complete opportunity to ascertain and weigh, to
their complete satisfaction, all the facts and circumstances
likely to influence their judgment; and that they have been
fully apprised of their legal rights and each has had the
provisions of this Agreement fully explained to them, and
have specifically been advised of their respective rights
under the existing laws of this State concerning marital
property, separate property, and other financial ma~ters;
that all the provisions hereof, as well as all questions
pertaining thereto, have been fully and satisfactorily
explained to them; that they have given due consideration to
such provisions and questions; and that they clearly
understand and assent to all provisions hereof, and that
this Agreement constitutes a fair and adequate settlement.
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ARTICLE XX
ENTIRE UNDERSTANDING
This Agreement is entire and complete and embodies all the
understandings and agreements between the parties. The
Husband and the Wife each acknowledge that no
representations, agreements, promises, undertakings or
warranties of any kind or nature have been made by the other
to induce the making of, or in relation to, this Agreement
eKcept those eKpressly set forth in this Agreement.
ARTICLE XXI
MATRIMONIAL DECREES
In the event of an action for divorce by either party
against the other in this or any other state or country, the
parties agree that they shall be bound by all the terms of
this Agreement, and that this Agreement shall not be merged
in any decree or judgment that may be granted in such
action, but shall survive the same and shall be forever
binding and conclusive on the parties, and nothing herein
contained shall be construed to prevent, and the parties
agree that each will seek to have, the decree of judgment in
any matrimonial action incorporate this Agreement by
reference and survive. It is specially understood that the
provisions of this Agreement and all of its covenants shall
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not be affected or impaired by any divorce decree that may
be entered, and that nothing in such decree, judgment or
order shall alter or vary any of the terms of this
Agreement.
ARTICLE XXII
MODIFICATION AND WAIVER
Neither this Agreement nor any provision hereof shall be
amended except by an agreement in writing identifying each
provision amended, waived or modified, and duly subscribed
and acknowledged by both parties with the same formality as
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this Agreement. No oral representation shall constitute an
amendment, waiver or modification even if substantially and
detrimentally relied upon. Any waiver by either party of
any provision of this Agreement or any right hereunder shall
not prevent or estop such party from thereafter enforcing
such provision, right of option, and the failure of either
party to insist in anyone or more instances upon the strict
performance by the other of any of the terms or provisions
of this Agreement shall not be utilized as evidence of or
construed as a waiver or relinquishment for the past,
present or future of any such term or provision
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ARTICLE XXIII
POSSIBLE INVALIDITY
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In case any provision of this Agreement should be held to be
contrary to or invalid under the laws of and country, state
of other jurisdiction, such illegality or invalidity shall
not affect in any way the other provisions of this
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Agreement, all of which shall continue in full force and
effect. Any provision that is held to be illegal or invalid
shall, nevertheless, remain in full force and effect in any
country, state or other jurisdiction in which such provision
is legal and valid. The doctrine of severability shall
apply, but the parties do not intend by this provision to
imply the illegality, voidness or unenforceability of any
term, paragraph of article of this Agreement.
ARTICLE XXIV
INDEPENEDENT COVENANTS
Except as otherwise provided in this Agreement, each of the
respective rights and obligations of the parties shall be
deemed independent and may be enforced independently,
irrespective of any of the other rights and obligations set
forth herein,
ARTICLE XXV
CHOICE OF LAW
The parties are residents of the State of Pennsylvania and
agree that all matters affecting the interpretation of this
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Agreement and the rights of the parties shall be governed by
the laws of the State of Pennsylvania.
ARTICLE XXVI
MEDIATION
If agreement cannot be reached by the parties regarding any
dispute under this Agreement, the parties shall participate
in mediation in an attempt to resolve the dispute.
ARTICLE XXVII
GENERAL PROVISIONS
1. This Agreement may be executed by the separate
signatures and acknowledgments of the parties hereto on
counterparts so executed and acknowledged have been
exchanged by the parties.
2. The parties agree that any notice required under this
Agreement shall be sufficient if mailed to the other party
by first class mail, return receipt requested, addressed to
them at the residence recited on the first page of this
Agreement. Either party may, from time to time, by notice
mailed pursuant to this paragraph, substitute a new address
for any future notices to be given by the other party.
3. All the provisions of this Agreement shall be binding
upon and shall inure to the benefit of the respective heirs,
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distributees, next of kin, executors, administrators,
personal representatives and assigns of the parties hereto.
4. The Article and Paragraph headings of this Agreement are
for convenience only and shall not be construed to limit or
affect any provision of this Agreement.
IN WITNESS WHEREOF, the parties hereto have hereunto set
their respective hands and seals the day and year first
above written.
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Nolarial Seal
Barbara L. Beam. Notary Public
Chambersburg Bora, Franklin County
,",'II CommIssion Expires Dec. 9. 2000
'''"'tltl Pflr"'c;v!',']nla Association of Notaries
SCHEDULE A
Tangible Personal Property of the Husband
motorcycles presently found at the residence of the Wife.
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llTIMOTHY ROUX, I
,: Plaintiff I
II I
II vs. : No. 96 - 446
I iAGNES ROUX, I CIVIL ACTION - LAW
II D.'OOd....RJ\ECIPE T; IN DIVORC'
liTO the Prothonotary:
I;
II Transmit the record, together with the following
Ilinformation, to the Court for entry of a divorce decreel
It 1. Ground for Divor~el Irretrievable breakdown under
i i 3301 (c) ----339%tdtt%t of the Divorce Code. ( Strike out I
i I inapplicable section)
j)
II 2. Date and Manner of service of the Complaint:
lljSerViCe by certified mail II Z 138 527 360 delivered on February :
I 3, 1996. See Attached Affidavit of Service.
II
i I 3. ( Complete either paraqraph ( a) or ( b) . )
I i (a) Date of execution of the affidavit of consent
il required by 3301(c) of the Divorce Code: by the Plaintiff
11 Auqust 8, 1998; by the Defendant Auqust 18, 1998 .
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IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY PENNSYLVANIA
TRANSMIT RECORD
Plaintiff's
Defendant's
SSII 223-17-5643
SSII 226-47-3682
(b) Date of execution of the affidavit required by
3301(d) of the Divorce Code: ;
Date of filing of the Plaintiff's affidavit upon
the respondent: ;
Date of service of the Plaintiff's affidavit upon
the respondent: .
Related claims
the attached
nto the OJ-vorce
without
(Complete either paraqraph (a) or (b).)
(a) Date and manner of service of the
Intention to File Praecipe to Transmit Record,
which is attached,
(b) Date Plaintiff's Waiver
Divorce was filed with the
simultaneously wlPraecipe ;
Date Defendant's Waiver
Divorce was filed with the
simultaneousl wI Praeci e
Notice of
a copy of
.
,
3301(c)
filed
of Notice in
prothonotary:
of Notice in
prothonotary:
3301(c)
filed
t/~3
Matthew J.
2108 Market
Camp Hill,
lOll 72655
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TIMOTHY ROUX,
plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
No. ?~ - 4/1'G tlv<t~..
vs.
AGNUS ROUX,
Defendant
CIVIL ACTION - LAW
IN DIVORCE
NOTICE TO DEFEND AND CLAIM RIGHTS
You have been sued in court. If you wish to defend against
the claims set forth in the following pages, you must take prompt
action. You are warned that if you fail to do so, the case may
proceed without you and a decree of divorce or annulment may be
entered against you by the court. A judgment may also be entered
against you for any other claim or relief requested in these papers
by the Plaintiff. You may lose money or property or other rights
important to you, including custody or visitation of your children.
When the ground for the divorce
,
J.s
indignities or
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 in
Carlisle, Pennsylvania
IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY,
LAWYER'S FEES OR EXPENSES BEFORE A DIVORCE OR ANNULMENT IS GRANTED,
YOU MAY LOSE THE RIGHT TO CLAIM ANY OF THEM.
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO
NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE
OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP.
COURT ADMINISTRATOR
CUMBERLAND COUNTY COURTHOUSE
1 COURTHOUSE SQUARE
CARLISLE, PA 17013
(717) 697-0531
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! TIMOTHY ROUX, . IN THE COURT OF COMMON PLEAS OF
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Plaintiff . CUMBERLAND COUNTY, PENNSYLVANIA
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.
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VS. . No.
.
:
AGNUS ROUX, . CIVIL ACTION - LAW
.
Defendant . IN DIVORCE
.
COMPLAINT IN DIVORCE UNDER SECTIONS 330l(c) or 330l(d)
OF THE DIVORCE CODE
The Plaintiff, Timothy Roux, by and through his attorneys, The
Law Offices of Patrick F. Lauer, Jr., makes the following Complaint
in Divorce:
1. The Plaintiff, Timothy Roux, is an adult individual who
currently resides at 905-A Roxbury Road, Shippensburg, Franklin
County, Pennsylvania 17257.
2. The Defendant, Agnes Roux, is an adult individual who
currently resides at 102 Springhouse Road, Shippensburg, Cumberland
County, Pennsylvania 17257.
3. The Parties have been bona fide residents of the
commonwealth of Pennsylvania for at least six months immediately
prior to the filing of this Complaint.
4. The Plaintiff and the Defendant were married on April 30,
1986 in Angeles City, Philippines.
5. There have been no prior actions of divorce or for
annulment between the parties.
6. The marriage is irretrievably broken.
7. The Plaintiff has been advised that counseling is
available and that the Plaintiff may have the right to request that
the court require the parties to participate in counseling.
8. This action is not collusive.
The Plaintiff requests this Honorable Court to enter a Decree
of Divorce in this matter.
COUNT II - CUSTODY
9. The prior paragraphs of this Complaint are incorporated
herein by reference thereto.
10. The parties are the parents of the following
unemancipated children who reside with the Defendant, Agnus Roux:
NAME
AGE
DATE OF BIRTH
Andrea Ann Roux
Christine Marie Roux
8 years
7 years
2-01-87
6-08-88
11. Plaintiff has not participated in any other litigation
concerning the children in this or any other state.
12. There are no other proceedings pending involving custody
of the children in this or any other state.
13. Plaintiff knows of no person not a party to these
proceedings who has physical custody of the children or who claims
to have custody, partial custody or visitation rights with respect
to the children.
14. The best interest of the children will be served if
custody of the children is confirmed in Plaintiff.
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WHEREFORE, the Plaintiff requests this Honorable Court to
enter an order confirming custody of the children to the Plaintiff.
Date: I/uht.
R.~1fUllV
Brian J. Puhala, Sr., Esquire
Law Offices of Patrick F. Lauer, Jr.
2108 Market Street, Aztec Building
Camp Hill, Pennsylvania 17011-4706
1D# 52677 Tel. (717) 763-1800
.
TIMOTHY ROUX,
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
vs.
No.
AGNUS ROUX,
Defendant
CIVIL ACTION - LAW
IN DIVORCE
VERIFICATION
I verify that the statements made in this Complaint are true
and correct. I understand that false statements herein are made
subject to the penalties of 18 Pa.C.S. S 4904, relating to unsworn
falsification to authorities.
Date: ??JBl9b
Signature:"":"""ro-- -=--::=:- ~~ -
->rIMOTHY Rotrx
TIMOTHY ROUX,
Plaintiff
I IN THE COURT OF COMMON PLEAS OF
I CUMBERLAND COUNTY PENNSYLVANIA
.
.
vs.
I No. 96 - 446
AGNES ROUX,
Defendant
I CIVIL ACTION - LAW
I IN DIVORCE
AFFIDAVIT OF SERVICE
TO THE PROTHONOTARY I
I, Matthew J. Eshelman, verify that the Complaint in Divorce
has been served upon the Defendant indicated above by first
class, Certified Mail No. Z 138 527 360, postage prepaid, return
receipt requested, pursuant to the requirements of Pa. R.C.P.
1930.4.
...
t ., ComtNte i..m. , endIot 2 for 8dcIIdonII ..mon.
I,. CompIet.lteml3. and.... b. .
.. PIInt YOU' neme and add,... on the flVI'.. of thl. 'OIm .0 thlt w. t.n j
mum thI.. Ufd to you.
. . AttIch thiI form 10 1M 'IOftt 01 the mallpilc.. Of on IhI back It 'PIC'
do.. not permit.
. . Writ. "Return Recejpt Requated" on \hi mailp1ee. be~w thI.rtidI numbe, fIOo I
-: . The RIIUm Recelpt will show to whom the .rtka. WI' ct.livered and the dlt. 2. L.f""t.. -leltrlcted Delivery
o "WIld. Consult I'malter for fee.
'13' Artlcl. Addr....d to: 4.. Anlcl. Number
AGNES ROUX j
4b. S.rvlc. Typ.
. 102 SPRINGHOUSE ROAD 0 Regl.t.r.d Dln.ur.d
(]I: C.nlllod 0 COD J'
SHIPPENSDURG, PA 17257 0 expr... M.n 0 R.turn Roc.lpt lor 1
n /' I II
,v/ I' 7. D.t.aID.U ry .;:
8. Addr....... Addr... IOnly II r.qu..ted Jl
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follOWing iervlcel tlor In ext,.
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DOMESTIC RETURN RECEIPT
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Respectfully submitted,
I{~lif / sl L\.
Matthew J. Eshe man, Esqu~re
Law Offices of Patrick F. Lauer, Jr.
2108 Market Street, Aztec Building
Camp Hill, Pennsylvania 17011-4706
1011 72655 Tel. (717) 763-1800
Datel
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II, TIMOTHY ROUX,
Plaintiff
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vs.
I IN THE COURT OF COMMON PLEAS OF
I CUMBERLAND COUNTY PENNSYLVANIA
I
I No. 96 - 446
I
I CIVIL ACTION - LAW
I IN DIVORCE
AGNES ROUX,
Defendant
PLAINTIFF'S AFFIDAVIT OF CONSENT
UNDER SECTION 3301(c) OF THE DIVORCE CODE
1. A complaint in divorce under Section 3301(c) of the
Divorce Code was filed on January 29, 1996.
2. The marriage of the Plaintiff and the Defendant is
irretrievably broken and ninety days have elapsed from the date
of filing and service 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
decree.
4. 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.
unsworn falsification to authorities.
4904 relating to
DATE: 'ff /Iv)' f?y
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Signature: G- ~ //"-
T mothy Roux
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TIMOTHY ROUX, . IN THE COURT OF COMMON PLEAS OF
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Plaintiff . CUMBERLAND COUNTY PENNSYLVANIA
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.
.
VS. . No. 96 - 446
.
.
.
AGNES ROUX, I CIVIL ACTION - LAW
Defendant I IN DIVORCE
PLAINTIFF'S WAIVER OF NOTICE OF INTENTION
TO REQUEST ENTRY OF A DIVORCE DECREE
UNDER SECTION 3301(c) OF THE DIVORCE CODE
1. I consent to the entry of a final decree of 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
filed with the
after it is
prothonotary.
4. 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 Par C.S.
unsworn falsification to authorities.
4904 relating to
DATE I ~ .4~f J.r
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T~mothy Roux ,-
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DEFENDANT'S AFFIDAVIT OF CONSENT
UNDER SECTION 3301(c) OF THE DIVORCE CODE
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TIMOTHY ROUX,
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY PENNSYLVANIA
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I i AGNES
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ROUX,
Defendant
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No.
96 - 446
vs.
CIVIL ACTION - LAW
IN DIVORCE
1. A complaint in divorce under Section 3301(c) of the
Divorce Code was filed on January 29, 1996.
2. The marriage of the Plaintiff and the Defendant is
irretrievably broken and ninety days have elapsed from the date
of filing and service 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
decree.
4. 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.
unsworn falsification to authorities.
4904 relating to
DATE:
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Signature:
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Agnes Roux
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: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY PENNSYLVANIA
I
TIMOTHY ROUX,
Plaintiff
.
.
VS.
: No. 96 - 446
.
.
AGNES ROUX,
Defendant
: CIVIL ACTION - LAW
: IN DIVORCE
DEFENDANT'S WAIVER OF NOTICE OF INTENTION
TO REQUEST ENTRY OF A DIVORCE DECREE
UNDER SECTION 3301(c) OF THE DIVORCE CODE
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divorce
1.
I consent to the entry of a final decree of
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.
4. 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.
unsworn falsification to authorities.
4904 relating to
DATE: ~!tJ flS'
I
(~7'L;;) /{, l;,y
Agnes Roux
Signature:
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TIMOTHY ROUX,
Plaintiff
I IN THE COURT OF COMMON PLEAS OF
I CUMBERLAND COUNTY, PENNSYLVANIA
I
I NOI 96-446 CIVIL TERM
I
I CIVIL ACTION - LAW
I IN DIVORCE
v.
AGNES ROUX,
Defendant
PRAECIPB TO WITHDRAW COUNTS
TO THE PROTHONOTARY I
Kindly withdraw Count II - Custody, in the above referenced
divorce as the issue has been settled.
a.,.z:,y ~Ubmi;~
Matthew J. E elman, Esquire
Law Offices of Patrick F. Lauer, Jr.
2108 Market Street, Aztec Building
Camp Hill, Pennsylvania 17011-4706
10' 72655 Tel. (717) 763-1800
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