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HomeMy WebLinkAbout96-03170 , i ! I \ I I I ! ,.' ;~t ) .J I " ; I I , , :,_,',__,i -:-i' "I '1'1 ," "." :.:;_.-t ! >>1., ! .;J ! .J' f' I i ,'I,:, I . ,~:' ; - - j I ",:\ ; , ~ I ~ I I \I I '( I ~ I j . ~ i ~ ~ I I , ~ \ I t /r"~/' I I I I t i ~\. ! " J - .. .~ ... '-l o (' - .., ;' MARRIAGE SE~~LEMEN~ AQREEMEN~ THIS AGREEMENT made this "p. day of .:ruJ~J , 1996, by and between Jess Ray Levan, (hereinafter ref~Husband,") and Kathleen Marie Levan, (hereinafter referred to as "Wife"). WITNESSETH: WHEREAS, the Husband and Wife wsre lawfully married on November 26, 1983; and WHEREAS, differences have arisen between Husband and Wife in consequence of which they intend to live apart from each other; and WHEREAS, there was one child born of this marriage, Nataaha Hope Levan, born 12/26/86 and Husband adopted wife's other two children Thomas Levan, age 22, and Bonnie Levan, age 21; and WHEREAS, Husband and Wife desire to settle and determine their rights and obligations; and NOW, THEREFORE, the parties intending to be legally bound hereby do covenant and agree as follows; 1. SEPARAUON 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 unlawfulness 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 malign 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 anr time which might in any way influence the children adversely aga nst the other party. 1 3. DIVISION or PERSONAL PROPERTY The parties have agreed to divide between them and already have 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 The Husband is the owner of a 1974 Ford F-150 truck and a 1986 Mercury Topaz. The rights and titles to these vehicles will remain with Husband. Husband shall maintain insurance on his vehicles and be responsible for any and all loan payments related thereto. Husband shall indemnify and hold wife harmless for all matters related to his vehicles. 5. DIVISIOH or REAL PROPERTY The real estate owned by the parties as tenants by the entireties situated at 33 W. Factory Street, Mechanicsburg, Cumberland County, Pennsylvania shall be conveyed in fee simple to the Husband not later than August 1, 1996. Husband shall assume full responsibility for the payment of the existing mortgages and notes, specifically including the Home Equity Loan in Wife's name. Husband shall indemnify and hold wife harmless from any liability on the accompanying mortgages and notes. Husband has the right, and intends to, consolidate the liens against the property on or before August 1, 1996. Wife agrees to cooperate with Husband and provide all required information and sign any documents necessary to permit the consolidation of the loans solely into Husband's name. 6. MARITAL DEBTS Husband shall be responsible for all marital debts solely in his name and Wife shall be responsible for all marital debts solely in her name. Husband agrees to assume sole responsibility for all marital debts in joint accounts. Each party egrees to indemnify and hold the other harmless for any debt that they are responsible for pursuant to this Agreement. 7. PENSIOH/RETIREMENT Husband is the owner of a 401 (k) pension plan through his employer. Wife relinquishes all rights and interest in Husband's pens.ton provided he pays her the sum of $5,000.00 wi thin 30 days of paying off the 401(k) loan Husband obtained to cover the marital debts. It is anticipated that the loan will be repaid in 2 approximately four(4) years. If Husband fails to pay the $5,000.00, Wife shall have the right to take any legal action to enforce her right to the $5,000.00, including but not limited to, placing a lien against Husband's real estate and/or pension. 8. SHARED CUSTODY The parties agree that they shall share legal custody of. the minor child. This means that the parties shall consult with each other regarding the major parenting decisions affecting the children's health, education and welfare and each parent has a right to the child's medical, dental and school records. Primary Physical Custody shall be with wife subject to Temporary Partial Physical Custody to the Husband as the parties may mutually agree. Neither party is to remove the child from the Commonwealth of Pennsylvania for a period of 30 days without 60 days written notice to the other. Such notice is to be by certified mail, return receipt. 9. CHILD SUPPORT The parties acknowledge Husband's obligation to pay child support. In consideration for Husband assuming responsibility for Wife'S Home Equity loan, with a current monthly payment of $330.00, Wife shall not seek additional child support until Husband's consolidation loan is paid off, approximately ten (10) years. Withih 10 days of paying off the consolidation loan, husband agrees to begin paying child support in the amount of $75.00 per week. Husband shall be responsible for providing medical coverage for the child as long as such medical coverage is available, at a reasonable cost, as part of the Husband's employment benefits. However, if wife can cover the child through her employer at a cost less than Husband, Wife shall cover the child and Husband shall reimburse Wife for the cost of the medical coverage. Husband and Wife agree to equally share the cost of any of the child's medical expenses that are not covered by either parent's insurance. The parties agree that in the event of a material change in the cost of living or the financial circumstances of either party, or of a change in the custody arrangements set forth herein, the amount of the support payments shall be subject to an appropriate adjustment by agreement or, if the parties are unable to agree, by the Domestic Relations Office or Court of competent jurisdiction. However, the parties agree that Husband shall be given credit, as child support, for each of the $330.00 monthly payments made on behalf of Wife for the Home Equity loan. 3 17 . NAIVER 0' CLAIMS AGAINST ESTATES Except as herein otherwise provided, each party may disposs of his or her property in any way, and each party hereby waives and relinquishes any and all rights he or she may now have or hereafter acquire under the present or future laws of any jurisdiction to share in the 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's estate. 18. BINDING AFFECT This agreement shall be binding upon the parties' heirs, successors and assigns. 19. MODIFICATION AND NAIVER Any modification or waiver of any of the provisions of this agreement shall be effective only if made in writing and executed with the same formalities as this 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. 20. PRIOR AGREEMENTS 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. 21. ENTIRE AGREEMENT This agreement contains the entire understanding of the parties and there are no representations, warranties, covenants or undsrtakings other than those expressly set forth herein. 22. DISCRIPTIVI HIADINGS 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. 23. APPLICAllLI: LAN This agreement shall be construed under the laws of the Commonwealth of Pennsylvania. 5 >- 01 .. O~ ~':~ , ~~' ~ ":,: fe.' . '. "-.:1 ,. C)~.. ~.- C", 'I ~ [i, I~. " ,'.' ;IJ h; '-~ (.,'. . II. t,', 'J <..., '-' . '.J -,- (", ('.- r- oo ':~ IU( '?( .. I', , :., (?;- " ./ C',! . " I ( , tl l;. I , ~ <. , , u , (..1 -t -t i a .... " .... " Q, ~ '- " ,0 co [- <l... ':J .~ "'" .- (i) ~- .. :31) ~ D II'\ c- r - .,) ,. a ...... r. :I: ".)~ ':!- l.Il .f!.; n.. ri~ ~ '.J \l) cr- l[) Co " t.f') :<(n r-- - C'- "'i fi! tL \J~: I .-, - 1i- 10" c~_i i;ir'il ill '1J , F~ ~; t '~'u.. q ..J ,,( ~ L'" ,;"l :i ,-.J 0 en U .' ~ J ~ J 6 ... ~ >- - ~ \J ~ _ >- Il! i ~ < ~ ~ - > III 0 .!. w Z ... M ~ ~ VI ':' o % ~ t ... W J: ,... ~ III Il! 'i VI JESS RAY LEVAN, PLAINTIFF v. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 96 - .J'/ 70 CIVIL TERM KATHLI!:EN MARIE LEVAN, DEFENDANT IN DIVORCE COMPLAINT UNDER SECTION 3301(0) OR 3301(d) OF THE DIVORCE CODE IN DIVORCE 1. The Plaintiff is Jees Ray Levan who resides at 33 W. Factory Street, Mechanicsburg, Cumberland County, Pennsylvania 17055. 2. The Defendant is Kathleen Maris Levan who formerly resided at 33 W. Factory Street, Mechanicsburg, Cumberland County, Pennsylvania 17055. 3. The Plaintiff and Defendant 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 Defendant were married on November 26, 1983 in Cumberland County, Pennsylvania. 5. There have been no prior actions of divorce or annulment between the parties in this or any other jurisdiction. 6. ~he marriage is irretrievably broken. 7. The Defendant is not a member of the Armed Services of the United States or any of its Allies. 8. The Plaintiff has been advised of the availability of counseling and that Plaintiff may have the right to request that the Court require the parties to participate in counseling. JESS RAY LEVlUI , I IN THB COURT OF COMMON PLEAS PLAiNTIFF I CUHBBRLAHDCOUHTl', PBKHSYLVlUIIA : v. . NO. 96 - 3170 CIVIL TBRM . . . KATHLEBN MARIB LEVAN, I IN DIVORCB DBFBIfDAHT . . CERTIFICATE OF SERVICE I, Thomas D. GOUld, attorney for Defendant, in the above captioned action for divorce, hereby certify that a conformed and certified copy of the Complaint in Divorce was served upon the Defendant by depositing the same in the United States mail on June 5, 1996 pursuant to Rule 1920.4 of the Amendments to the Pennsylvania Rules of Civil Procedure relating to the Divorce Cods. As indicated by the signed Acceptance of Service attached hereto, the Complaint was received by the Defendant on June 8, 1996. ~Jo.&d/ Thomas D. Gould In # 36508 Attorney At Law 2 East Main Street Shiremanstown, PA 17011 (717) 731-1461 . - ~ J b- i.:': UJ~':' 1.:..1 C' (.-1;;' ft' . > ",,: ' . Oi-. :::i ,( , CT' <- OL. :./) UJl , -,' __It' t:'_ ~ :;; u.: ~. ,"1'11 r:~. L" ,,{; 'iU- t'. W U .' (.1, ,) I IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 96 - 3170 CIVIL TERM IN DIVORCE JESS RAY LEVAN, PLAINTIFF v. . . . . KATHLEEN MARIE LEVAN, DEFENDANT AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under Section 3301 (c) of the Divorce Code was filed on June 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 roquirement 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: ~~ L4-: q (" I /' , -' , .----.-..- JESS RAY LBVAH, I IN THE COURT OF COMMON PLEAS PLAINTIFF . CUMBBRLAND COUNTY, PBNNSYLVAHIA . I V. . NO. 96 - 3170 CIVIL TERM . . . KATHLEBN MARIB LEVAH, . IN DIVORCB . DEFENDAHT . . AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed on June 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: 9 / If /9 <a -- ('1 U;: l_" ~~; .~ ~", t-.;. ). - ,. , .c f~' : . ~:_~ -3'4 (.1 ~ - cr, ;'1) 0~ , Ill' . ; :-)1 n tJ 1,_ " , ..l. I ,,; '" U~ .:J L~' L.'. ".J """ (~) b_~ .'-. . .. -"' IU~- , CJ - . " _".t. . k, 'j ~r '.:--, ') , , ~'!!' " 'd Il_ l . '.'- , (". i~;> H' 1 ',' , i:J t ,~ /. 1: ;t il.