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THE COURT OF
COMMON
PLEAS
OF CUMBERLAND COUNTY
I'~'
STATE OF ;~~~~.
PENNA,
DALE K. SHADLE, JR.,
Plaintiff
:\ (1,2136.
ClvU.. 1996
\'.'I',ll;
JUANITA M. SHADLE,
Def endan t
DECREE IN
DIVORCE
AND NOW"" oj~~c,J' .1.'~.
19 "I', ., it is ordered and
decreed that
and,
DALE K. SHADLE ~ JR.!"
JUANITA M. SHADLE
, , " plaintiff,
, " defendant,
are divorceu 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 hos not yet
been entered;
THE PARTIES MARRIAGE SETTLEMENT AGREEMENT DATED SEPTEMBER 20, 1996
IS INCLUDED HEREIN AS A FINAL ORDER OF COURT.
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DALE K. SHADLE, JR.,
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
v.
NO. 96- :l/JY
CIVIL TERM
JUANITA M. SHADLE,
Defendant
CIVIL ACTION-LAW
IN DIVORCE
COMPLAINT UNDER SECTIONS 3301(C)
AND 3301101 OF THE DIVORCE CODE
1. Plaintiff is DALE K. SHADLE, JR., an adult
individual who currently resides at 2310 Enola Road, Carlisle,
Cumberland County, pennsylvania.
2. Defendant is JUANITA M. SHADLE, an adult individual
who currently resides at 327 Wincisco Avenue, Tower City,
Schuylkill County, Pennsylvania.
3. plaintiff and Defendant have been bona fide
residents in the Con~onwealth of Pennsylvania for at least six
months immediately previous to the filing of this Complaint.
4. The Plaintiff and Defendant were married on Oct~ber
22, 1982, in Cicel County, Maryland.
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 of the availability
of counseling and that she may hava the right to request that the
court require the parties to participate in Counseling.
8. Plaintiff requests the court to enter II decree of
divorce.
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5) Husband shall pay to Wife the sum of $600.00
per month for twelve months beginning August 1, 1996. This shall
be the sole cash payment to Wife and shall be in lieu of any and
all past, present or future claims for alimony, alimony pendente
lite, spousal support, etc.
B. The following items shall become the sole and
separate property of Husband:
1) The 1991 Dodge Dakota subj ect to all
encumbrances. Wife agrees to execute all documents to release
her interest in said vehicle to Husband.
2) The Husband's retirement/;lension benefits
through Husband's service in the U.S.M,C. and the Army National
Guard shall become his sole and separate property. Wife agrees
to sign any a~d all documents reasonably requested to release her
interest and agrees that in the absence of same that this
document shall serve in lieu thereof.
3) The Husband's retirement/pension benefits
through his employment with the Federal Government civilian
employment shall become the sole and separate property of
Husband. Wife agrees to sign any and all documents reasonably
requested to release her interest and agrees that in the absence
of same that this document shall serve in lieu thereof.
3
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4) All items of personal property presently in
the possession of Husband shall become his sole and separate
property.
3. Assumption of Debts.
A. Husband agrees to assume and be fully responsible
for the following debts:
1) Hospital bill to Hershey Medical Center with
an approximate balance of $1,700.00, but only after all
applicable insurance coverage is exhausted. Wife agrees to fully
co-operate in processing the medical insurance coverage.
2) A Sears account with a balance of
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approximately $1,500.00
3) A Community Bank loan with a balance of
approximately $10,000.00
B. Wife shall assume and be fUlly responsible for the
repayment of any obligations arising from her daughter Monica's
student loan to CoreStates Bank.
4. Equitable Property. This agreement constitutes an
equitable division of the parties' marital property. The parties
have determined that the division of this property conforms with
regard to the rights of each party. The division of existing
marital property is not intended by the parties to constitute in
any way a sale or exchange of assets, and the division is being
,
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5. Mutual Release. Husband relinquishes his inchoate
intestate right in the estate of Wife, and Wife relinquishes
inchoate intestate right in the estate of Husband, and each of
t.he parties hereto by these presents, for himself or herself, his
or her heirs, executors, administrators or assigns, does remise,
release, quit-claim and forever discharge the other party hereto,
his or her heirs, executors, administrators or assigns, or any of
them, of any and all claims, demands, damages, actions, causes of
action or suits at law or in equity, of whatsoever kind or
nature, for or because of dny matter or thing done, admitted, or
suffered to be done by said other party prior to and including
the date hereof; further, the parties hereto have been advised by
their legal representatives, respectively, of all their rights
under the Pennsylvania Divorce Code, and such Eights as are not
specifically incorporated herein a~e hereby expressly waived.
Notwithstanding the foregoing language of this paragraph, this
release shall in no way exonerate or discharge either party
hereto from tho obligations and promises made and imposed by
reason of this Agreement and shall in no way affect any cause of
action in absolute divorce which either party may have against
the other.
6. Release of All Claims. Each party, except as otherwise
provided for in this Agreement, releases the other from all
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claims, liabilities, debts, obligations, actions and causes of
action of every kind that have been incurred, or may be incurred,
relating to or arising from the marriage between the parties,
including waiving any claim to their respective pensions or
retirement accounts. However, neither party is relieved or
discharged from any obligations under this Agreement or under any
instrument. or document executed pursuant to this Agreement.
7. 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 seek any other
remedy allowed in law or equity. The party breaching this
contract shall be responsible for the payment of legal fees and
costs incurred by the other in enforcing his or her rights under
this Agreement, or seeking such other remedy or relief as may be
available to him or her. Waiver by one party of any breach of
this Agreement by the other party shall not be deemed a waiver of
any subsequent, similar breach or other breaches.
8. Full Disclosure. Husband and Wife each represent and
warrant to the other that he or she has made a full and complete
disclosure to the other of all assets of any nature whatsoever in
which such party has an interest, of the source and amount of the
income of such party of every type whatsoever and all other facts
relating to the subject matter of this Agreement.
7
9. Divorce. This Agreement shall not be construed to
affect or bar the right of either Husband or Wife to a true and
absolute divorce on legal and truthful grounds as they now exist
or may hereafter arise. It is understood, however, that Husband,
as of the signing of this Agreement, has filed an action in
divorce in the Court of Common Pleas of Cumberland County, in
which he alleges that the marriage is irretrievably broken. Both
parties understand and agree that Husband shall pursue said
divorce on the grounds that the marriage is irretrievably broken,
and that both parties will execute, deliver and file the
necessary affidavits and all other petitions or documents
necessary to effectuate the divorce pursuant to Section 3301~ of
the Divorce Code. Husband agrees that the marriage is
irretrievably broken.
10. Representation of Parties by Counsei. . Each party has
had the opportunity to have legal counsel to represent each of
them in the negotiation and preparation of this Agreement and has
either been so represented or has voluntarily chosen not to be
represented. Each party has carefully read this Agreement and is
completely aware, not only of its contents, but also of its legal
effect.
11. Additional Instruments. Each of the parties shall on
demand or within a reasonable period thereafter, execute and
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deliver. any and all other documents and do or cause to be done
any other act or thing that may be n~cessary or desirable to
effectuate the provisions and purposes of this Agreement. If
either party fails on demand to comply with the provision, that
party shall pay to the other all attorneys' fees, costs and other
expenses reasonably incurred as a result of such failure.
12. Modification and Waiver. Modification or waiver of any
provision of this Agreement shall be effective only if made in
writing and executed with the same formality as this Agreement.
The failure of either party to insist upon strict performance of
parties.
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any of the provisions of this Agreement shall not be construed as
a waiver of any subsequent default of the same or similar nature.
13. Descriptive Headings. The descriptive headings used
herein are for conveDience only. They shall have no effect
whatsoever in determining the rights or obligations of the
14. Successors and Assigns. This Agreement, except as
otherwise expressly provided herein, shall be binding upon and
shall inure to the benefit of the respective legatees, devisees,
heirs, executors, administrators, assignees and successors in
interest to the parties.
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15. Governing Law. This Agreement shall be governed by and
shall be construed in accordance with the laws of the
Commonwealth of Pennsylvania.
16. Order of Court. With the approval of any court of
competent jurisdiction in which any divorce proceeding may now be
pending or which may hereafter be instituted, this Agreement
shall be incorporated in any decree of absolute divorce which may
be passed by said court. In the event the court shall fail or
decline to incorporate this agreement or any provisions thereof
in said decree, then and in that event the parties, for
themselves and their respective heirs, personal representatives
and assigns, agree that they will nevertheless abide by and carry
out all of the provisions thereof.
It is further agreed that regardless of whether said
agreement or any part thereof is incorporated in any such decree,
the same shall not be merged in said decree, but said agreement
and all the terms thereof shall cont.inue to be binding upon the
parties and their respective heirs, personal representatives and
assigns.
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IN WITNESS Wm:RE:Of', intendlng to be legally bound hereby,
the parties hereto have hereunto set their hands and seals the
day and year first above written.
~1~_
[Je-uiA,ftl/1 ___(SEAL)
DALE: K. SHAtlLE, JR.
'~~
---- UJfJiillTfA .
J-L.c0-.-
SHADLE
(SEAL)
STATE OF Pennsylvania
SS.
COUNTY OF Cumberland :
AND NOW, thlS J.4d11 day of ~ ' 1996, before
me, the undersigned officer, personally app ared DALE K. SHADLE,
JR., known to me (or satlsfactorlly pro en) to be the person
who3e name is subscribed to the within instrument, and
acknowledged that he executed same for the purposes therein
contained.
IN WITNESS WHEREOF, I hereunto set my hand and official
seal.
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STATE OF Pennsylvania
SS.
COUNTY OF
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AND NOW, th is ",day of ",'''' , 1996, before
me, the undersigned officer, personally appeared JUANITA M.
SHADLE, known to me (or satisfactorily proven) to be the person
whose name is subscribed to the within instrument, and
acknowledged that she executed same for the purposes therein
contained.
IN WITNESS WHEREOF, I hereunto set my hand and official
seal.
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NotaJ:'Y PubL ic
Nnl,lrlal SAl:l1
GAr,1tr1 MLllhl'i, Notary Public
\1!";II.,llll~!I.ltJr rwp Lill1r.i1'iIUf County
1:,.'llI'III!,!,1LJII [,<p,rr,.'; ,July 20.1')1)13
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