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HomeMy WebLinkAbout96-03449 '~,*,.~'~"*"~,.~,~.,~~..~,.~.~"~.,~,.~--*,'~:'~,~,~,.~.*,-~"~..~'~,*,.*,~~ " .. " ~ ~ ~ 8 ~ ~ ',' .. " ". ~ .. " ~ ',' ~ !7' .. !' ~ " ,~ ~ ~, M: 'I ~: M; '( ~i ~I !f.i ,I !f.: '1 , ( ~I f ~ ~l IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY STATE OF ;,~~~~ PENNA. BERNARD F. DETTREY, Plaintiff :\: (), 96-3449 ClVU,.,. M " ~ ~I ':'1 ~( ~I ,'I ~I ~' ,~ ~ ".'I','IL' BRENDA L. DETTREY, Defendant DECREE IN DIVORCE ,J~'1~t..IL 19 ~'l it Is ordered and ~I , ) ~ AND NOW, decreed that and"" . BERNARD F. DETTREY BRENDA L. DETTREY . , . , " plaintiff, , , , " defendant, are divorced from the bonds of motrimony, The court retains jurisdiction of the following claims which have been raised of record in this action for which 0 final order has nat yet been entered; 00"'..12 THE PARTIES AGREEMENT MADE BEFORE THE DIVORCE MASTER DATED , , . , , . . , . , . . . , JULY 23. 1997 IS INCORPORATED HEREIN AS A FINAL ORDER OF COURT. / / II \' T II I' C l) U r t: I \~ itt'v4-f AII""t: ~..~^ (' h IJ/:-', / Lr./ -/ J, ';-' '''''''''( . e~:~(K;/) ;' ~n'r/ 'I./7(;~/ )t~ K ..Y.<C'C01 ~4 (/ 1/ Prllthollol/HY ~, , i ~I ~ ' {,to:- '.' ':.0:- ':.:- ':.:- '>>:. ':.:' ~"~,.~..*"~,.~.,~,.~~"~"~,-~.,*.,~,.~..~.,~,.~..~.,~,~:..~, ,~ I I' I!f. I, \~ I~ I.:. $ ~ $ $ S * * ~ ij ~ S ~ I, I", 1$ I-~ i~ I., I~ I' , ~ \1,' I I", I:' I, I~ ',' ( ..~ (:, I, I~ (",' I.., (~ I~ f",' I,', !~ , ' ;~ ( ~ ',' , ~ (~ , ' r~ r * * r, ~ ~ ~ ~ ':.:- ... ~. .. fl~ lJ; Ie!. .. l It/(') r.J'I (j; I': t.,;, 11," 't, I.;.' ("j"l: I . !'.! [.' "II w~ _I ! ~'l . I- "", ~ ,.... _~J [;, '.1 -l"-~ rl,:-, -- J ...).. ~ ,n , , ~ \}.. ~ f' .. , ~ :;:-. -' I , ~ ~I' .,,; ) ",' () \) ~ ~~ f'. /.'- i ./..0 I~ I , 0 ~), ' ," ~ GJ' - , & ~ ~ ~I 'I" ~ ~ [.:1' , ".. ~ " ..... U I , .",.. ... I " II , ) l.J 1....1 ! ~ ; ~ oil es :> ~ ~ i ~ ~ ~ ~ ~ ~ ~ ~ [! ~ ~ o , . ~ l,t) G c~ C"; 1- 9 <.- s.~ ",')IO';f. C..l'"j: ~?: :r. (.)~i' .1; ,,,);.': '. M ~' '''l ~:. rj f, N '1 i;; nO?}' II.' ~ ::Ja! ~., ~ ,.... ~ 0' BERNARD F. DETTREY, Plaintiff v. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUN'l'Y, PENNSYLVANIA NO, 96-3449 CIVIL TERM BRENDA L. DETTREY, Defendant CIVIL AC'l'ION-LAW IN DIVORCE DEFENDANT'5 AFFIDAVIT OF CON5ENT AND NAIVER OF NOTICE OF INTENTION TO REQUE5T ENTRY OF DIVORCE DECREE UNDER 51CTION 3301(C) OF THE DIVORCE CODE 1. A complaint in divorco under Section 3301(C) of the Divorce Code was filed on October 1,1997, 2, The marriage of the Plaintiff and Defendant is irretrievably broken and ninety days have elapsed from the date of the filing of the Complaint. 3. I consent to the entry of a final decree in divorce without notice. 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. 5, 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. 6, I have been advised of the availability of marriage counseling and understand that I may request that the court require counseling, I do not request that the court require counseling. 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. Section 4904 relating to unsworn falsificatlon to authorities. Dater '7- ;J. ]- ", 7 -{d_ ......... .. ~ III ~ I,"i ~ ~ ~:l ""l~ ~!>l '-':')1"1"'; I~- ::: ',J~)J _~J < :)?} [. '",' . y- (, <V) ;~lj~ ' Ll~ \" Etl" ~ GlfE r.!.. ~ ,.... ", 0' U 13 Ell NA RU F. DE'J.'TREY, I IN THE COUR'f OF COMMON PLEAS or Plain t iff I CUMBERLAND COUNTY, PBNNSYLVANIA I vs. I CIVIL ACTION - LAW I I NO. 96 - 3 4 4 9 CIVIL 19 ORENDA L. DETTREY, I Defendan t I IN DIVORCE ORDER AND NOTICE SETfING HEARING Tot Bernard F. Dettrey Michael A. Scherer Brenda L. Dettrey , Plaintiff , Counsel for Plaintiff , Defendant , Counsel for Defendant You are directed to appear for a hearing to take testimony on the outstanding issues in the above captioned divorce pro~eedings at the Office of the Divorce Master, 9 Nortb Hanover Street CarliSle, Pennsyl.vania, on the __,23rd day of July , 19,2'?, at 9:00 _~,m, at which pl.ace and time you will. be given the opportunity to present witnesses and exhibits in support of your case. By the Court, ~~\~ Harold E. Sheely, Presi n .llldg(~ Date of Order and Notice: 6/2/97 By: bivorce Master IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR 'l'ELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERB YOU CAN GET LEGAL HELP, Court Administrator Fourth Floor, East Wing Cumberland County Courthouse Carlisle, PA 17013 Telephone (717) 240-6200 ,-, BERNARD F. DETTREY, Plaintiff I IN THE COURT OF COMMON PLEAS OF I CUMBERLAND COUNTY, PENNSYLVANIA I I NO. 96 - 3449 CIVIL r r I VB. BRENDA L. DETTREY, Defendant REI Pre-Hearing Conference Memorandum DATE I Monday, June 2, 1997 Present for the Plaintiff, Bernard F. Dettrey is attorney Michael A. Scherer. The Defendant, Brenda L. Dettrey appeared on her own behalf accompanied by her mother, Linda Kay Davis. Although attorney J. Christian Ness had indicated that he was involved in this case we have not had an entry of appearance by him on behalf of Brenda L, Dettrey nor has he filed a pre-trial statement. subsequently we are treating this matter presently as if Brenda L. Dettrey is pro se. A divorce complaint waa filed on June 19, 1996, raising grounds for divorce of irretrievable breakdown of the marriage. Although the Defendant Brenda L, Dettrey indicated that she does not oppose the divorce, she indicated that she would like to have the economic issues resolved before signing a consent. Subsequently, inasmuch as the parties have been sftparated for a period in excess of two years, Mr, Scherer is going to file an affidavit under Section JJ01(d) of the Domestic Relations Code 80 that if the divorce does not proceed under the mutual consent provisions of the code, the divorce can conclude under the section dealing with the separation of the parties in excess of two years. The parties were married on April 17, 199J, and according to husband separated in March 1995. According to wife the parties separated the third week in May 1995, In any event, regardless of which date of separation is used, the parties have been separated for a period in excess of two years, There were no children born of the marriage. The complaint raised the economic claim of equitable distribution, No other economic issues have been raised. Husband is 30 years of age and resides at 759 Mount Rock Road, Carlisle, Pennsylvania, with a female friend and her two minor children. Husband is a high school graduate and is employed as a truck driver at Waste Management. lie reports his income on the pre-trial statement at $95.00 gross per day, The Master requires that he file an income statement prior to the hearing and provide a wage statement from his employer, We will also need a copy of his 1996 income tax return, Husband has not raised any health issues, We do not know whether or not husband has health insuranco with his employer. Wife is 30 years of age and resides at 5743 Susquehanna Trail, Apartment 1, Manchoster, Pennsylvania, 17345 where she livos alone. Wife is a high school graduate and works for Key Plastics 1n York, Pennsylvania. She does assembly and machine work and earns $8,05 per hour gross, Based on nn B hour day her gross daily is $64,40, Wife is required to file an income statement and provide a wage statement from her employer and a copy of her 1996 income tax return prior to the hearing, Wife has health insurance with her employer. Wife has indicated that she has some health problems relating to female issues and is being treated by a doctor whom she sees once a year. She is currently on hormone medication. Neither party is paying nor receiving spousal support nor alimony pendente lite, The pre-trial statement listed a few items of tangiblo personal property inclUding some Pfalsgraff dishes, compact disks, and small kitchen appliances, Wife has indicated that is not the major issue as far as she is concerned in this case; she is concerned about the debt of husband which she contributed to payoff which he had prior to the marriage, which included an Army loan, a loan on the trailer, and other loans, with respect to the mobile home, this property was premarital and both parties shared the expenses in the mobile home inasmuch as they lived in the home approximately three years while they were in a marital relationship. wife indicated that she also helped pay the Army loan and other loans which husband had acquired prior to the marriage and would like to have some consideration or reimbursement toward the contribution for payment on those loans. It is noted, however, that when the parties married wife voluntarily assisted with the payment of those loans, The parties do not have any marital debt. A hearing is scheduled for Wednesday, July 23, 1997, at 9:00 a.m, Notices will be sent to the parties and counsel for husband, Brenda L, Dettrey has indicated that she . ,... "," ... ,,,, .":-i I:'; .-.1' ,.. 1,::, 'J. II r ~ - ..., , ,. n~ ~ C,'... f'.iJ. ;,: " LJ.,1 I tJI1 ., I lirJ J "" " '(,I.. I.. . ~l LI.. r- '\ (,: f/' U I " BERNARD I' DETTREY, Pllllnlltl' IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v, NO. 9(,.3449 CIVIL TERM BRENDA 1.. DETTREY, Defendal1t CIVIL ACTION.. LAW IN DIVORCE PRE-TRIAL STAn:MENT OF IlERNAIW DETTlU:Y AND NOW, comcs the plaintill: Bernard Dettrey. by and through his attorney, Michael A. Scherer, Esquire, and l1Ies the IiJllowing PI~..trial Stalement pursuanllo Paltc.p, 1 920.33(b): EiI~.IJJJlUlJl~.9.Yn9~ The panics were l1larried on April 17, 1993 and wife lell the 11111rital residence somctlme in March, 1995, The parties are both thlny years old, are in good heallh and both have high school educations, The parties havc no childrcn I. MJu:i!JJlJimJ~~ N9... l2e.s.gjmj.QJLQJ:.frgIl.eIU' ~ ~ I. Pfalsgrnll'(approx 8 sCllit\gs) Wife $50,00 2, 180 Compact disks Wifc $500,00 3, Small kitchen appliances Husband $20000 2, ~12MLWiln'lli.~~: None 3, Wj1D'!:j~~ Bernard Delll'ey, Bernard Dellrey, Jr, (Plaintitfs father) & Judie Ann Delln~y, 4, &Mi12ia; Perhaps some documents relating to the loans which were in the names of either or both of the partics. 5. fArt~Jl~Jma.))neJi, lIu~bllnd I~ cmploycd by WB~tC Mllnagemenl of Camp HIli as Q lruck driver, His rale of pay is $95,00 per day gr()S~ I Ic has worked there since OClober 7, 19<)6 6. IiwbllJJll'u:xllenJieJi lIusbllnd hils nl1unordlnary cxpcnses to bc considercd in this millieI', 7. ~JiJQJ1jJlj9rUJJui9JJ lIusbllnd has not accrued rlghls In any pcnslon, 8, J.JlngiliJe.p~rSQlllllllfQllJ:J'JY lIusband owned a trallcr prior to thc marriage, which fell inlo grcllt di~repair lIu~band ~old Ihc tmilcr atlcr thc Pllrties scpllrlltlon for $500,00 10 rid himself of the lillbility The lllrnilure uscd by thc pllrties was givcn to husband by husband's 11l0ther, Some pieces oflhatl\lrnilurc wcrc IlIkcn by wile at scpal'lltion, IInd much of the rest ofil was returned to husband's mother The husband IIlsl1l1wned a Harley Davidson prior to Ihe marriage, whkh he sold to buy wife's enga~ement ring. 9 C9.YJJli.d.1\;.!:s Husband is nol c1l1iming them, 10, MllriIJJl!leb!Ji Ilusbllnd had premarital dcbl. which he retinllnced through a consolidation loan during thl~ I1lllrriage, Wile was fi.lrced to co-sign this consolidation loan, AI sepal'lltion, Husband IIssumed this debt of approximalely $5.00000 in his name alone and wife is no longer liable for that dcbt Husband prcscntly owcs $].800,00 on this obligation and pays approximately $115 00 monlh IOWllrd this dcbl Ilc also has somc credil card dcbt which is marital, which may tOlal $400 00 I \. 1'r.9~'-Q~J:d LeJi\))!!l.iQn This was a marriage of short duration, The parlies are young and did not acquire significant marital assets Husband presently has some debt from the marriage and some Irom prior 10 the marriagc Ilusband has wry few assets and his income is nol BERNARD F. DETTREV, I IN THE COURT OF COMMON PLEAS OF Plaintitt I CUMBERLAND COUNTY, PENNSYLVANIA I vs. I NO. 96 - 3449 CIVIL I BRENDA L. DETTREY, I Defendant I IN DIVORCE QB.QER OF COURT AND NOW, , '1/1 this 1 t( day of , 1997, the parties and counsel having entered into and stipulation resOlving the economic issues on July 23, 1997, the date set for a Master's hearing, the agreement and stipulation having been transcribed, the appointment of the Master is vacated, and counsel can conclude the proceedings by the filing of a praecipe to transmit the record with the affidavits of consent of the parties so that a final decree in divorce can be entered. BY THE COURT, \ Ha 0 __..__r" eCI Michael A. Scherer Attorney for Plaintiff J. Christian Ness Attorney for Defendant ..'f;tl-I..A.., "'....1.-(...'...( 'l .J Y 91 BERNARD F. DETTREY, I IN THE COURT OF COMMON PLEAS OF Plaintiff I CUMBERLAND COUNTY, PENNSYLVANIA I v. I NO. 96-3449 CIVIL TERM I BRENDA L. DETTREY, I Defendant I IN DIVORCE THE MASTERI Today is Wednesday, July 23, 1997. This is the date set fo~ a Master's hearing in the above-captioned divorce action. A divorce complaint was filed on JUne 19, 1996, raising grounds for divorce of irretrievable breakdown of the marriage and the economic issue of equitable distribution. The Plaintiff husband filed an affidavit under Section 3301(d) of the Domestic Relations Code on July 1, 1997, averring the parties have been separated for a period of at lea3t two years, However, this morning, both parties have signed affidavits of consent and waivers of notice of intention to request entry of divorce decree. Therefore, the divorce will proceed unde~ Section 3301(c) of the Domestic Relations Code, After a discussion this mo~ning with counsel and the parties, the Master has been advised that the pa~ties have reached an agreement with ~espect to the outstanding economic issues. P~esent in the hea~ing room a~e the Plaintiff, Bernard F. Dettrey and his counsel, Michael A. Scherer, and the Defendant Brenda L. Dett~ey, and her counsel, J. Christian Ness, Also present in th~ hearing room is Linda K. Davis, the mother of the Defendant. Counsel for the Defendant is going to state the agreement of the parties on the record in the presence of the parties and counsel, and the agreement as stated on the record will be considered the substantive agreement of the parties and will not be subject to any changes or. modifications. The agreement as stated will be considered the full and final settlement of all outstanding claims and issues in this case. Counsel have indicated that they are satisfied that they need not return to review the agreement for any typographical errors and have their clients sign by way of affirmation of the terms of settlement as stated on the record. Therefore, the Master will submit the agreement to the Court with an order vacating his appointment without the signatures of counsel and the parties. It is understood, as noted, that the agreement as stated is the substantive agreement and cannot be modified or changed following the statement of the agreement on the record, MR, NESS: 1. The parties to the action own no real state. The marital residence of the parties consisted of a mobile home which was purchased by husband prior to the marriage, Husband has represented that he has sold this mobile home for a nominal sum. Nevertheless, wife agrees and acknowledges that she releases any right, title, or interest in and to this mobile home. 2. The parties also agree and acknowledge that they have amicably divided all household furniture, furniShings, effects, and personal property, and that all such property presently in the possesoion of each party to this agreement remains tho sole and exclusive property of that party free from any claim from the other, 3. During the coursn of the marriage, the parties had access and operated various types of motor vehiCles, including automobiles, truck, and motorcycles. The parties specifically agree that any motor vehicle in the name at or in the possession of either party to this agreement at the present time remains the sole and exclusive property of that party, The parties understand that the vehicles presently retained by each is already titled in the name of each and that no vehicles are titled in joint names so that it will not be necessary to sign any documents of title, Furthermore, if any of these vehicles iE subject to any lien or encumbrance, each party agrees to pay the lien and encumbrance encumbering that vehicle or those vehicles retained by each and hold the other harmless from payment on account of those encumbrances. 4. Husband has represented in his pre-trial memorandum that he has assumed the debt which existed at separation and which apparently was as a result of some type of bill consolidation loan, He has represented that he has caused wife to be removed as obligor on that debt, At any rate, husband agrees to pay and hold wife harmless from payment on account of this obligation which existed at the time of separation, The obligation is in favor of West Shore Teachers' Federal Credit Union. Each party warrants and represents that he or she has not incurred, either during the course of the marriage or since separatio~, any other debt that remains outstanding and for which the other could be held responsible, In other words, any debt in the individual name of each party to this agreement remains the sole and exclusive obligation of that party, who shall hold the other harmless from payment on account of the debt, 5. In order to effect equitable distribution in this case, husband agrees to pay to wife the sum of $500,00, This sum shall be paid directly to wife, and it shall not be necessary to make payments through counsel, The sum shall be paid without interest on or before the expiration of six months from this date; that is, from July 23, 1997. 6. Each party waives any right to claim alimony, counsel fees, costs, expenses, 7. It is the understanding of the parties to this agreoment that any property, tangible or intangible, including monies in the bank, employment benefits, or other such property in the possession of or in the name of each party to this agreement remains the sole and exclusive property of that party free from any claim of the other, 8. Each party agrees to bear his or her r.ounsel fees or oosts, and any court costs expended by either party to this agreement remains the obligation of that party, and no reimbursement is required from the other. 9. Wife has instituted an action in support in the Office of Domestic Relations in and for York County, Pennsylvania, That action is captioned to 1265 SA 1997, and a hearing on that action is set for August 13, 1997. Wife agrees, through counsel, to notify the Domestic Relations Office that that support case should be terminated inasmuch as the parties have signed consents to the divorce and anticipate that a divorce decree will be entered shortly, 10. We went off the record for a moment, had an off-the-record discussion, and the husband indicated that during the course of the marriage there may have been certain credit card debts that were incurred. Husband has represented that these credit card debts were only in the name of husband. The parties specifically agree that credit card debts incurred during the marriage in the name of each party remain the exclusive obligation of that party. Wife has also indicated off the record that she had certain credit cards during marr.iage and that hUsband's name was not on these cards. Wife will pay the balances on her cards, if any, and husband agrees to pay the balances on his cards, if any, There were no joint credit card obligations known to the parties, MR, SCHERER: Bernard, have you been present during Mr. Ness' dictation of the agreement? MR, DETTREY: Yes, MR. SCHERER: Do you understand all of the terms of the agreement that was dictated by Mr. Ness? MR, DETTREY: Yes. MR. SCHERERI Do you aqree to aooept the terms of that agreement? MR. DET'fREY I Yes. MR. SCHERER: Do you have any questions about anything that has taken place this morning? MR. DETTREY: No. MR, NESS: Have you and I had an adequate opportunity to talk about the agreement b~fore I put it on the record? MRS, DETTREY: Ves. MR. NESS: Are you satisfied with my representation in this respect? MRS. DETTREYI Yes. MR. NESS: Have you heard my dictation of the agreement? MRS. DETTREY: Yes. MR. NESS: Is there any property, and even more importantly, is there any debt that you recall that we failed to deal with in my dictation of this agreement? MRS. DETTREY: No. MR, NESS: Are you satisfied that the agreement that I dictated is your understanding of the resolution of this divorce? MRS. DETTREY: Yes. MR. NESS: Do you understand that you shortly will BERNARD F. DETTREY, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COU~TY, PENNSYLVANIA v. NO. 96-3449 CIVIL TERM BRENDA L. DETTREY, Defendant IN DIVORCE THE MASTER I Today is Wednesday, July 23, 1997. This is the date set for a Master's hearing in the above-captioned divorce action. A divorce complaint was filed on June 19, 1996, raising grounds for divorce of irretrievable breakdown of the marriage and the economic issue of equitable distribution. The Plaintiff husband filed an affidavit under section 3301{d) of the Domestic Relations Code on July 1, 1997/ averring the parties have been separated for a period of at least two years. However, this morning, both parties have signed affidavits of consent and waivers of notice of intention to request entry of divorce decree, Therefore, the divorce will proceed under Section 3301(c) of the Domestic Relations Code. Aftar a discussion this morning with counsel and tho parties, the Master has been advised that the parties have reached an agreement with respect to the outstanding economic issues. Present in the hearing room are the Plaintiff, Bernard F. Dettrey and his counsel, Michael A, Scherer, and the Defendant Brenda L. Dettrey, and her counsel, J. Christian Ness. - Also present in the hearing room is Linda K. Davis, the mother of the Defendant. Counsel for the Defendant is going to state the agreement of the parties on the record in the presence of the parties and counsel, and the agreement as stated on the record will be considered the substantive agreement of the par.ties and will not be subject to any changes or modifications, The agreement as stated will be considered the full and final settlement of all oUt~tanding claims and issues in this case. Counsel have indicated that they are satisfied that they need not return to review the agreement for any typographical errors and have their clients sign by way of affirmation of the terms of settlement as stated on the record, Therefore, the Master will submit the agreement to the Court with an order vacating his appointment without the signatures of counsel and the parties. It is understood, as noted, that the agreement as stated is the substantive agreement and cannot be modified or changed following the statement of the agreement on the record. MR. NESS: 1. The parties to the action own no real state. The marital residence of the parties consisted of a mobile home which was purchased by husband prior to the marriage. Husband has represented that he has sold this mobile home for a nominal sum. Nevertheless, wife agrees and acknoWledges that she releases any right, title, or interest in and to this mobile home, 2. The parties also agree and acknowledge that they have amicably divided all household furniture, furniShings, effects, and personal property, and that all such property presantly in the possession of each party to this agreement remains the sole and exclusive property of that party free ~rom any claim from the other. 3. During the course of the marriage, the parties had access and operated various types of motor vehicles, including automobiles, truck, and motorcycles, The parties specifically agree that any motor vehicle in the name of or in the possession ot either party to this agreement at the present time remains tho sole and exclusive property of that party. The parties understand that the vehicles presently retained by each is already titled in the name of each and that no vehicles are titled in joint names so that it will not be necessary to sign any documents of title. Furthermore, it any of these vehicles is subject to any lien or encumbrance, each party agrees to pay the lien and encumbrance encumbering that vehicle or those vehicles retained by each and hold the other harmless from payment on account of those encumbrances, 4. Husband has represented in his pre-trial memorandum that he has assumed the debt which existed at separation and which apparently was as a result of some type of bill consolidation loan, He has represented that he has caused wife to be removed as obligor on that debt, At any rate, husband agrees to pay and hold wife harmless from pay.ent on account of this obligation which existed at the time of separation, The obligation is in favor of West Shore Teachers' Federal Credit Union, Each party warrants and represents that he or she has not incurred, either during the course of the marriage or since separation, any other debt that remains outstanding and for which the other could be held responsible, In other words, any debt in the individual name of each party to this agreement remains the sole and exclusive obligation of that party, who shall hold the other harmless from payment on account of the debt, 5. In order to effect equitable distribution in this case, husband agrees to pay to wife the sum of $500.00, This sum shall be paid directly to wife, and it shall not be necessary to make payments through counsel. The sum shall be paid without interest on or before the expiration of six months from this date; that is, from July 23, 1997. 6. Each party waives any right to claim alimony, counsel fees, costs, expenses. 7. It is the understanding of the parties to this agreement that any property, t~ngible or intangible, including monies in the bank, employment benefits, or other such property in tha possession of or in the name of each party to this agreement remains the sole and exclusive property of that party free f.rom any claim of the other, B. Each party agrees to bear his or her counsel fees or costs, and any court costs expended by e~~her party to this agreement remains the obligation of that party, and no reimbursement is required from the other, 9. WHo has instituted an action in support in the Office of Domestic Relations in and for York County, Pennsylvania, That action is captioned to 1265 SA 1997, and a hearing on that action is set for August 13, 1997. Wife agrees, through counsel, to notify the Domestic Relations Office that that support case should be terminated inasmuch as the parties have signed consents to the divorce and anticipate that a divorce decree will be entered shortly, 10. We went off the record for a moment, had an Off-the-record discussion, and the husband indicated that during the course of the marriage there may have been certain credit card debts that were incurred. Husband has represented that these credit card debts were only in the name of husband. The parties specifically agree that credit card debts incurred during the marriage in the name of each party remain the exclusive obligation of that party, Wife has also indicated off the record that she had certain credit cards during marriage and that husband's name was not on these cards, Wife will pay the balances on her cards, if any, and husband agrees to pay the balances on his cards, if any, There were no joint credit card obligations known to the parties. MR. SCHERER: Bernard, have you been present during Mr. Ness' dictation of the agr.eement? MR, DETTREY: Yes, MR. SCHERER: Do you understand all of the terms of the agreement that was dictated by Mr. Ness? MR. DETTREY: Yes. ~R. SCHERERc Do you agree to acoept the terms of that agreement? MR. DETTREY: Yes. MR. SCHERER I Do you have any questions about anything that has taken place this morning? MR. DE'rTREY: No. MR. NESS: Have you and I had an adequate opportunity to talk about the agreement before I put it on the record? MRS. DETTREYI Yes. MR. NESS: Are you satisfied with my representation in this respect? MRS. DETTREVI Ves. MR. NESS: Have you heard my dictation of the agreement? r.rtS. DETTREY: Yes. MR. NESS: Is there any property, and even more importantly, is there any debt that you recall that we failed to deal with in my dictation I)f this agre~ment? MRS. DETTREY: No. MR. NESS: Are you satisfied that the agreement that I dictated is your understanding of the resolution of this divorce? MRS. DETTREY: Yes. MR. NESS: Do you understand that you shortly will .... ,~, .' b: Lf, I r" ", IJI',' 1 '" (), F" I.'i' X, \,,:) ~," I I, ! ,,: "_I. It r" 'I ....l C,f' U .-