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IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY
":t'
STATE OF ~~~ PENNA.
CAROL A. GROVE
~I"
1306 CIVIL
11)96
\' I' 1'" Ie;
JEFFREY A, GROVE
AND NOW,
DECREE IN
DIVORCE
,~~tlZ. t, 19 er?, it is ordered and
decreed that .,.
CAROL .A. GROVE
. . . , , . . '. plaintiff,
. , ' " defendant,
and ' , . , ,J!ll:'FR.EY .A.G~QVIl, , , . . . , ' . , , .
ore divorced from the bonds of matrimony,
The court retoins jurisdiction of the following claims which have
been roised of record in this oct ion for which 0 final order has not yet
been entered;
., "NONE~. .THE.MARITALSETTLEMENT.AGREEMENT.DATED.JULY. 1" 19?7" ~S"
INCORPORATED HEREIN, BUT NOT MERGED,
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MARRIAGE SEttLEMENT AGREEMENT
THIS AGREEMENT made this 1st: day at ;)" j, 1- ,1997, by
and between Jeftrey A. Grove, (herein&~~terred to as
"Husband, If) and Carol Ann Grove, (hereinafl:er referred to as
"Wite") .
WITNESSETH:
WHEREAS, the Husband and Wite were lawfully married on October
16, 1982; and
WHEREAS, differences have arisen between Husband and Wite in
consequence of which they intend to live apart from each other; and
WHEREAS, there are two (2) children born of this marriage,
Renee Ashley Grove, born October 7, 1983 and Curstin Marie Grove,
born October 17, 1985; and
WHEREAS, Husband and Wife desire to settle and determine their
rights and obligations; and
NOW, THl!:REFORE, the parties intending to be legally bound
hereby do covenant and agree as tallows;
1. SEPARATION
It shall be lawful for each party at all times hereafter
to live separate and apart from the other party at such place or
places as he or she may from time to time choose or deem fit. The
foregoing provisions shall not be taken as an admission on the part
of either party as to the lawfulness or unlawtulness of the causes
leading to their living apart.
2. INTERFERENCE
Each party shall be free from interference, authority,
and contact by the other as fully as if he or she were single and
unmarried except as maybe necessary to carry out the provisions of
the agreement. Neither party shall molest the other or attempt to
endeavor to molest the other, nor compel the other to cohabit with
the other, or in any way harass or maliqn the other, nor in any way
interfere with the peaceful existence, separate and apart from the
other, and each of the parties hereto completely understand and
agree that neither shall do or say anything to the children of the
parties at any time which might in any way influence the children
adversely against the other party.
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3. DIVISION or PERSONAL PROPERTY
The parties have aqreed to divide and have already
divided between them to their mutual satisfaction the personal
affects, household furniture and furnishings and all other articles
of personal property which heretofore have been used by them in
common. Neither party will make any claim to any such items which
are now in the possession or under the control of the other.
4. AUTOMOBILES
All marital vehicles have been disposed of and all debt
related to them has been satisfied.
5. DIVISION or REAL PROPERTY
The marital residence at 1810 Lethworth Drive, Camp Hill,
PA 17011 has been sold. The net proceeds from the sale of the
marital home was $2,786.39.
6. MARITAL DEBTS
Husband shall be responsible for and indemnify and hold
Wife harmless for the water bill, the Bell Atlantic bill, Sears
bill, PP&L bill, Gordon's, and the remainder of the Jeep debt as
well as any other debt in his name or any jointly held utility
bills. Wife shall be responsible for and indemnify and hold Husband
harmless for the U.G.I. and personal loan which will be credited
with a payment of $2,786.39 from the sale of the marital home. The
parties agree to make a good faith effort to consolidate any joint
debt into their own names.'
7. PENSION AND RETIREMENT ACCOUNTS
Husband and Wife shall maintain their separate pension
and/or retirement accounts. Husband relinquishes any and all
rights he may have in Wife'S pension or retirement accounts and
Wife relinquishes any and all rights she may have in Husband's
pension or retirement accounts.
8 . CUSTODY
The parties shall share legal custody of their children.
Wife currently has primary physical custody of Curstin and Husband
currently has primary PhIsical custody of Renee. Each parent shall
allow the other parent s gnificant period~ of partial custody with
the child not in their custody. The custody arrangement and
schedule may be modified bI aqreement of the parties and each
parent has the right to pet tian the court to change the custody
arrangement.
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. 9. SUP~ORT, ALIMONY PENDENTE' LITE AND ALIMONY
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The parties agree that the amount of the chUd support
obligation shall be by agreement or, if the parties are unable to
agree, by the Domestic Relations Office or Court of competent
jurisdiction. The parties hereby waive, release, discharge and give up any rights
which either may have against the other to rlceive spousal support, ali~nny pendente
alimony.10. rILING or IRS RE'rURN
lite or
Husband and Wife agree to file a separate tax return for
tax year 1997 and all subsequent years. The parties agree to
equally claim any capital gains realized by the sale of the marital
home. Each party shall indemnify and hold the other harmless for
any taxes, interest and/or penalties that are or may be due by the
other as a result of their share of any capital gain realized on
the sale of the marital residence.
11. DIVORClt
The parties agree to cooperate with each other in
obtaining a final divorce of the luarriage. It is agreed that upon
execution of this Agreement the parties shall execute and allow to
be filed the documents necessary to obtain a no fault divorce.
12. INCORPORATION
This agreement is to be incorporated into any subsequent
Degree in Divorce.
13. CONTINUED COOPERATION
The parties agree that they will within fifteen days
after the execution of this agreement execute any and all written
instruments assignments, releases, deeds or notes or other such
writings as may be necessary or desirable for the proper
effectuation of this agreement.
14. 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 such breach, and the party breaching this
contract shall be responsible for the payment of legal fees and
costs incurred by the other in enforcing their rights under this
agreement or for seeking such other remedies or relief as may be
available to him or her.
15. VOLUNTARY AGREEMENT
The provisions of this agreement are fully understood by
both parties and each party acknowledges that the agreement is fair
and equitable, that it iR being entered into voluntarily, and that
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-it is not the result of any duress or'undue influence.
16. WAIVER or CLAIMS AGAINST ESTATES
Except as herein otherwise provided, each party may
dispose of his or her property in any way, and each party hereby
waives and relinquishes any and all rights he or ~he may now have
or hereafter acquire under the present or future laws of any
jurisdiction to .hare in t~e property or the estate of the other as
a result of the marital relationship, including without limitation,
dower, curtesy, statutory allowance, widows allowance, right to
take in intestacy, right to take against the will of the other and
the right to act as administrator or executor of the other IS
estate.
17. BI.DING ArrECT
This agreement shall be binding upon the parties' heirs,
su~cessors and assigns.
18 . MODIrICAUON AND WAIVER
Any modification or waiver of any of the provisions of
this agreement shall be effective onlr if made in writing and
executed with the same formalities as th s agreement. The failure
of either party to insist upon strict performance of any of the
provisions of this agreement shall not be construed as a waiver of
any subsequent default of the same or similar nature.
19. PRIOR AOREEME.TS
It is understood and agreed that any and all prior
agreements which may have been made or executed or verbally
discussed prior to the date and time of this agreement are null and
void and of no affect.
20. EnID AOREEMI.T
This agreement contains the entire understanding of the
parties and there are no representations, warranties, covenants or
undertakings other than those expressly set forth herein.
21. DISCRIPTIVE HlADINOS
The descriptive headings used herein are for convenience
only. They shall not have any binding affect whatsoever in
determining the rights or obligations of the parties.
22. APPLICABLI LAN
This agreement shall be construed under the laws of the
Commonwealth of Pennsylvania.
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6. Petitioner seeks alimony pendente lite to be on par with Respondent during
these continued proceedings.
7. Petitioner has employed KalLAS AND KENNEDY to represent him in this
matrimonial cause.
8. Petitioner is unable to pay aJlthe expected counsel fees, costs and expenses in
this aetion and avers tlut Respondent is able to pay same without any hardship or significant
effect on her lifestyle.
9. Petitioner avers that he cannot be on par with Responder.t in this litigation
unless this Court orders Respondent to pay him Alimony Pendente Lite and reasonable interim
counsel fees, costs and expenses.
ALIMONY
10. Paragraphs I through 9 are incorporated herein by reference as though set
forth in full below.
II. Petitioner lacks sufficient property to provide for his reasonable means and
is unable to support himself through appropriate employment.
12. Petitioner requires reasonable support to adequately maintain himself in
accordance with the standard of living established during the marriage.
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IN THE COURT or COMMON PL&AS
CUMBIRLlUII) COUII'n, PSJIJIULVAJlIA
NO. 96-1306 CIVIL TERM
CA.ROL A. GROW,
PLAINTIFr
arruy A. GROW,
DlnNDART
IN DIVORCE
APrIDAVIT or CONSENT
1. A Complaint in Divorce under Section 3301(c) of the
Divorce Code was filed on September 5, 1996.
2. The marriage of Plaintiff and Defendant is irretrievably
broken and ninety ( 90 > days have elapsed from the date of the
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. I
acknowledge that pursuant to Rule 1920.42 (e> I have waived the
requirement that I receive notice of intention to request entry of
the decree.
4. 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.
I verify that the statements made in this Affidavit are true
and correct. I understand that false statements herein are subject
to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn
falsification to authorities.
DATED:
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/ f ey A. Grove
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CAROL A. GROW, I IJI THJ: COURT or COMMON PLIAS
PLAIIITUr I CUMBJ:RLAlID COUJrn, PDDlSn.VUIA
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v. I JlO. 96 - 1306 CIVIL TZRM
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JurU1: A. GROW, . IJI DIVORCE
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DErUDAWT I
NAIVI!:R 0'" .MICE 0,. INTZIITION TO ':..QUIlST
ENTRY 0,. A DIVORCE DECDE tJJID
SECTION ]]01(0) 0'" THE DIVORC. CODE
1. I consent to the entr.y of a final decree 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 subject
to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn
falsification to authorities.
DATED:
~/ ~/97
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/ e rey A. Grove
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CAROL A. GROVE,
Plaintiff
: IN THE COURT OF COOMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
.
.
vs.
NO. 96-1306
CIVIL TERM
JEFFREY A. GROVE,
Defendant
IN CUSTODY
OODER OF CWR'l'
f I f
AND NCII, this L( day of
consideration of the attached Custody Conciliation
directed as follows:
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, 1996, upon
Report, it is ordered and
1. The Mother, carol A. Grove, and the Father,
shall have shared legal custody of Renee Ashley Grove,
1983, and Curstin Marie Grove, born October 17, 1985.
Jeffrey A. Grove,
born October 7,
2. The Mother shall have primary physical custody of the
Children.
3. The Father shall have partial physical custody of the Children
on alternating weekends, beginning June 21, 1996, from Friday at 6:00 p.m.
until Sunday at 6:00 p.m. The Father shall also have partial custody of the
Children on alternating Wednesdays, beginning June 26, 1996, from 6:00 p.m.
until 9:00 p.m.
4. The parties shall share or alternate custody of the Children
on holidays as follows:
A. The Father shall have custody of the Children in even
numbered years over the Christmas holiday from Christmas
Day at 12:00 noon until December 26 at 12:00 noon, and on
Memorial and Labor Day weekend from the preceding Friday
at 6:00 p.m. until the Monday holiday at 10:00 p.m.
B. The Father shall have custody of the Children in odd
numbered years over the Christmas holiday from Christmas
Eve at 12:00 noon until Christmas Day at 12:00 noon, on
Thanksgiving Day from 9:00 a.m. until 6:00 p.m., unless
the Father has custody of the Children on the weekend
following Thanksgiving in which event he shall have
custody from 9:00 a.m. on Thanksgiving Day until the
following Sunday at 6:00 p.m., on Easter Sunday from 9:00
a.m. until 6:00 p.m. and on July 4 from 9:00 a.m. until
10:00 p.m.
C. The Father shall have custody of the Children in every
year on Father's Day from 9:00 a.m. until 6:00 p.m.
D. The Mother shall have custody of the Children in even
numbered years on the Christmas holiday from Christmas Eve
at 12:00 noon until Christmas Day at 12:00 noon, on
Thanksgiving Day, on Easter Sunday from 9:00 a.m. until
.
6:00 p.m and on July 4th from 9:00 a.m. until 10:00 p.m.
E. The Mother shall have custody of ::he Children in odd
numbered years on the Christmas holiday from Christmas Day
at 12:00 noon until December 26 at 12:00 noon, and on
Memorial Day and Labor Day weekend from the preceding
Friday at 6:00 p.m. through the Monday holiday at 10:00
p.m.
F. The Mother shall have custody of the Children every year
on Mother's Day from 9:00 a.m. until 6:00 p.m.
5. During the sumner break from school each year, the Father
shall have custody of the Children from July 15 at 6:00 p.m. until August 14
at 6:00 p.m., with the exception of the third weekend during the Father's
period of custody, during which the Mother shall have custody of the
Children from Friday at 6:00 p.m. through the following Sunday at 6:00 p.m.
6. Each party shall have custody of the Children for two
consecutive weeks each year for sumner vacation. The Father shall schedule
his two week period of sumner vacation during his one month period of
custody from July 15 through August 14. In the event the Father's scheduled
sumner vacation conflicts with the Mother's third weekend period of custody,
the parties shall arrange for a substitute period of weekend custody for the
Mother during the month. Each party shall notify the other of the dates for
summer vacation under this provision by May 1 of each year.
7. The Father shall attend a minimum of five (5) sessions with a
professional counselor. The purpose of the counseling is to address
problems which have arisen in the relationship between the Father and the
Children. The first counseling session shall be scheduled to occur within
thirty (30) days of the date of the Custody Conciliation Conference.
8. Each party shall provide at least forty-eight (48) hours
advanced notir.:e, if possible, if he or she is not able to be present for
exchanges of custody uncIer this Order. The parties shall make reasonable
attempts to contact each other at home or at work to provide notice rather
than leaving messages.
9.
custody under
for providing
The parties shall share transportation for exchanges of
this Order, with the party receiving custody to be responsible
transportation.
10. This Order is entered put"suant to an agreement of the parties
at a Custody conciliation Conference. The parties may modify the provisions
of this Order by mutual agreement. In the absence of mutual agreement, the
terms of this Order shall control.
cc: Debra A. Denison, Esquire
Mary Kollas Kennedy, Esquire
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