Loading...
HomeMy WebLinkAbout96-03746 " " " ,): "" , , , , , " , " " II! , , d ,_I ,iI " ',' " I.' 1,'1 I, ii' , 'I " , , ',' 'I: I;;', 'j " d- I,,! rih ',,\:1 :1 ., I \ 'I' '/ ;i '1 , 11 ,1,1 d , " '1 , it,,I: "\I,! 'i " " " ( ,It I 1- ~ 'J'I L ,-lii , L! ,-" " , q, lid ',l , I' i' 'r 'i ~'~ j,:,"',-i'1 ',~ 'L ! ! II I ,/ I' ,) II' 't 'I , " I " '1:1' I '~ " 'J "I,' I" I' .:'1' '1 'II , '. I, , I' t I \1, , , " , II!" " ,r I ','~ t , 'Ill-II , 1-, " I' ,', " , I'f, ~ 'I ",'I!' -jl'l , , , I I, , , " I " ,1 \1 '1, 't , ' ,"I , " , !, ,1 '1'" I, I' " " I , 1 " , 't, " '" /, , " " 1"1 , '11'1 ',' ,-,I J,' " I' .j " , , I, '. " ,~ ~ 'II I II' , " .t,F' " ,1 ',-, " " "I ~ .\ ,I' ,I! " .- .~ ... " , , " " " I' " " I' "', , , , t, ,', I",;-,V , ';1 "I'. " " \11' , , " ,II ,I! I ',I I ),Ii_ " II,") ", '\ 'I ,1 \1 " " , , , .)" 'I I , ,I I' '1:1 ,i, 1 " ,I II ',' , 'I ,,', 'J _I, ",J l' \ ,~ I 'I ',,)1 J" 'I " " " J' I III 'I ,I' J ", 1'\1 , III , , ,II, '!j,-, ,1 \ "I) " I-' I, ,I , I, , " 1,1, ',', , , , " " , .'..' " '"I ",'I ;! ',J\ ;';i' 'i'l " II'" " , , ~ " ' '1 'I ,II, ,( 1)" I' /, " " , , " " Ii ,,1 I', " " ! h' , '.1_1 " ,1, I', ., , " " ,-, , -1-':1' 1'1 .'jl ,,'I , , ,1 <,I; " , ' d f" II " j: " j',' fl, I' i' , , ,. " .' d )I: ,q } " I, " ;, " I, " , , I.! I '1/'-' 'I. ;d q Ii " , ,Ill -j il '-I' , ,1 ,I , " " " " Ii' , " , , , " ,', ,'1 " "t :I ~I 'Ii t '1';\'1 ': 'I i , 1-, ,,'1 , , " ,'--- "],-j;'/: '1"1";' d- .' :;<~':~,__iA~:\;~ ,': ,:!:___,;1(/(,. .:!,,,.'!,,I'::'>::::t:;',:,::I~I:,i,:i ',,',"1/ .. "I'. I " /Iil-, I r'nl/.! , , :11, IJ'llt ,II "Ii ';' ,L',-,-I ,.1,1/' ',' ft!: !. ' 'Ii!! il",i .' ; ", ' ~'" '1 " I, , .'I.'ill, "~If ,/ ";i , .;!t' ,I,:I,-il '/1 'j:!',-J I ',-;//,'1-:' ,';-' i i .!' ' /.;11 _ i . ,,':1" ,-li,-;1;'1'}I; , ,"", /-c, <i"!l-.'.,,,f;~i/;"".,;,"'\ 'ii" _ _ __ "1'dJ-t;_I, i' I \ "'1' IF; ,', (,\ I.! '~i ,';1 'I( - , :! II,:", :<'::,;11'.1,/; I , .1 q \' ':'Ii',- " 'i'l'(-,f! ',hI ;"1--"\:';/ ,! " ,.'_', ::;.-ilJ~::-L\'! !' 'Ji,l'i "I,' "/"I/" 1_ fi;:,~i, ,1-' '-- ~":I_/,l;' ~ '/j 1';\: 1 I' -1-r:,"'",I"L! ; I ' . ., ~,': -: If 1: . ' '/'1-'_-1-.' ,', ,>I , 'I,' .", '(('i" it; ";-011 '\-J' 'I ;'11! 11(. /' 'Ii " '1 ,,' ,,' " I' ,1 '.1' , ',' :; ;11 _' -,1/1<1'':'1 , (:1, , . I), , "f'l.' iii' .r; .I' "-1 i' I- 'I' , -, I'J-d,:', "I_I, I" ':'1 ',I I ,i'J ';1,::1\",1" '-', '1/ ,,' 1,,/;'-:,: _' cl, fl, ' "t' '/ ., j; "1 lijl I, 'II HI ,"1,1 1'.-;-' ,',' " 11, i' 'I' " , ;,:-1_1; I -\ i ~ , ""I' " " " .' " , ,I! "i'" ,:' ,I}', I , '" J: __ f j,~ ~-I -' ,J, '_If.""",', " 'I 'I';' i'1 " , -'l, "-' "d';t. I, ", , " :}I " ','r'-_: , ! ,~' , ',I) i" ".' ' 'I' :, ~ ,. !i " 1-); ,/ ,'( - , . ;, I ; ,~ ,': :'.- (, 'Ii', I, " i,j y\ , ,'~ r~,: -.,,- I;' "Li , I. r I' u' " " '" , ' " , 'I';' ',d , "~I, , ",:r, ',ri\/ , , '1, , I /_',1 ,I' ,1, 'I" '1 ", 1'1'/, If;,' " I Id:, I' ,', I' ,i!" ,"1 r,1',; ~ i Ii ,1 " 1', ,,' ",1\ .' ; .'ii,': H~-: ,'1 ( ,I', ;,j ,::\1. I "1'1 " (,,' , " , " /' " II, _,,, " , " " , '" " , ',_ii 'I, ", , ',' , " I," " , I,L, " " " , , " " " " 1'1'" " i " '\',-, I-II I, " "It\'" " "I: ,,' " " 'I " \1 SEPARATION AND PROPERTY SETILEMENT AGREEM~N1: THIS AGREEMENT, made thi~ iL !I.'day of Ft.\") ,1997, by and between EDWARD R, MYERS, herclnufler referred to us "llu~bul\\l", und PEGGY Y. MYERS, hereinafter referred to a~ "Wife", WITNESSETH: WHEREAS, the parties hereto ure Hushund tUld Wife. having been married September 17. 1983; and WHEREAS, the partics have two children born of this marriage, KRISTEN NICOLE MYERS, horn Novcmber I, 1985; und NICHOLAS EDWARD MYERS, born August 16, 1989, WHEREAS, diffcrcnccs huvc uriscn bctween Husband ,lI1d Wife. us a result of which It is the desire of the parties aftcr long and curcful consideration, amicably to adjust, compromise and scttle all propCrlY rights and all rights in, 10, or against euch other's properly or estate, including properly hcrctofore or subscquently acquircd by either party. and to settle all disputes existing betwccn thcm. including any und all claims for maintenancc. support, alimony. cquitable distribution, counsel fces, and costs and to set fOrlh their agreement with respect to the two minor children; and WHEREAS, it is the mutual desire of Husband and Wife to reduce their agreement to writing; and NOW, THEREFORE, In cOllSideratlon of the mutual promises, covenants, and agl'eements hen=lnat'ter contained, each of the parties hereto, Inlendin~ to he legally hound hereby promises, covenants, and agrees as follows: 1, Parties to L1vc SCDaratc aud Apart The parties mutually agree 10 live separnte nnd apart as though the parties had 1I0t beell married. Neither pany will molesl Ihe tllher, or cOlllpellhe other to cohabit or in any way harass or malign the olher, nor in any way interfere with the peaceful exislence of the other. 2. Personal PrODCrt,): Husband and Wife have divided all pel'sonal property which would constitute mnrital propeny and agree thnt allY property in Ihe possession nml cOl\lrolof Husband al the time of the signing hereof shall be the sole and separnte propeny of Husband and all property in the possession and control of Wife at the time of Ihe signing hereof shull be the sole and separate propeny ot' Wife, Each of the parties does hereby specifically waive, release, renounce and forever abandon wbatever cialms, if any. be or she may have to the sole and separale property of the other, 3, Automobile Upon separation. Wife retained ownership and use of the 1987 Nissan Maxima wagon, Husband agreed to this arrangemenl and hereby waives any right, title and interest In said vehicle, 4, Marital Debts Husband and Wife each covenant, represent and ugree that euch will now IInd at all times hereafter save harmless and keep the other indemnil1ed from all dehts, charges and liabilities Incurred by the other prior to or after the effective date of this Agreement. 5. Real PrODutv Husband and Wife have sold the IIIl1rital real estate und satisfuctorily divided the proceeds, 6, SUpDOrt for Minor Children Husband shall pay to Wife the salll of Seventy-l1ve ($75.00) dollars per week for the suppon of the two children or Ihat SUIII us child sUPPI>rt as n coun of competent jurisdiction shall determine based upon the tlnanciul circumstances of the panles and the needs of the children. In addition, Husband shall pay to Wife one-half of the cost of child care during the school year and sixty (60%) percent of child care costs during those months when the children are out of school. In order to avoid additional costs for allorneys' fees and time lost from work, the panies agree to meet during December of each year to share nil income Infonnation and to allemptto reach an agreeable suppon amount. If such an agreement cannot be reached, either pany may l1Ie a petition for modification of the existing support amount, Husband's obligation to make these suppon paymellls shall terminate when the child dies, reaches age eighteen (18), is married, or is otherwise emancipated, whichever of these events shall first occur, Husband's obligation shall not survive his death and shall not constitute a charge on his estate Wife will continue to provide prlnlUry health insurunce for both childrenlhrouah her employmelll so long as she is uble to do so without cost. All uncovered medical expenses shall be shared by Husband and Wife in Ihe sume proponion which ellch pnrty's inclllll\: bears 10 the lOtul income of Husband nnd Wife, In the eventthut Wife is no longer uble lO provide heallh cure coverage without COSI, Hushand acknowledges thaI he will shure the cost of providing this helllth covel'Uge wilh Wife in Ihe sume proportion which euch pnrty's income hellrs to the total income llf Hushand und Wife, Both purties agree to keep in effect life insurance in u fuce amount of not less than seventy-five thousand dollars ($75,000,00), either through their employmelllor otherwise made payahle to Ihe minor children to provide care, mailllenance und educutional expenses for these minor children, lIushand and Wife shall provide lOthe other on a yeurly basis evidence that such life insurance remains in place and Ihal Ihe heneliciaries have not been changed. After each child reaches age eighteen (18) years, Husband and Wife agree 10 provide for the cost of each child's education in the same proportion which each pany's income bears to the total income of Husband and Wife, with the assumption that each child will also contribute to educational costs IlmJUgh employment and/or loans, The money utilized from the child's college fund set up and funded hy Wife's siSler shall he considered a contribution by Wife, 7, ,o\lImonv and Support for Self Husband and Wife arc preselllly employable and waive ull claims against the other for mailllenance, suppon, alimony, or alimony pendente lite which may arise out of the marital relationship, 8, Custody Ilnd Visitation The parties, believing that It is In the best interests of their children for the parties to detennine custody and visitation issues by agreement, have agreed to Joint legal custody of the children. The parties agree to work together and to look primarily to the children's best interests in arranging physical custody and visitation. To that end the parties agree that the present shared arrangement may be modil1ed at any time by either party with the consent of the other, and both parties desire to make clear in this agreement that reasonable visitation will not be denied the other party so long as Ilppropriate prior notice is given by that party of his/her desires. It is agreed that during periods of temporary custody which includes having the children overnight, no members of the opposite sex, not a spouse, shall visit the household overnight at the same time as the children, 9. Waiver of Interest In Retirement Husband and Wife expressly wllive and relinquish any right, claim, title or interest in any pension, protit-sharing, retirement, credit union or any other employment-related plans in which the other has any interest, whether vested or unvested, matured or unmatured. 10, Lellal Representation Husband and Wife declare that each has had a full and fair opportunity to obtain and consult with legal counsel of his/her selection and that the parties, cognizant of their legal rights, declare and express that: a) Wife is represented by Debm K. Wallet, Esq.; and b) Husband, having been advised that it is advisable and desirable to be represented by counsel, has willingly and knowingly decided not to be represented. 11, Income Tax It is agreed between the parties thllt Husband shall be entitled to take the dependency exemption for KRISTEN NICOLE MYERS, born Novemher I, 1985, and Wife shall be entitled to take the exemption for NICHOLAS EDWARD MYERS, hol'll August 16, 1989, To allow the taking of the dependency exemption under this paragraph, each party agrees, if necessary, to execute and deliver tt' the other, nor kss Ihan sixty (60) days betilre the llIX return is due, any written declarations required. 12, Mutual Discharvt: Husband relinquishes his inchoate intestate right in the esltlle of Wife, and Wife relinquishes her inchoate intestate right in the estate of Hushand, and each of the parties hereto for himself or herself, his or her heirs, cxecutors, administl'ators or assigns does remise, release. quitclaim and forever discharge the other party hereto, his or her heirs, executors, administrators or assigns, ur any of them, of any and all claims. demands, of whatsoever kind or nature for or because of a matter or thing done, omitted or suffered to he done by said party prior to and including the date hereof, except that this release shall in no way exonerate or discharge either party hereto from the ubligations and promises made and imposed by reason of this Agreement. 13, No-Fault DivOill An action for divorce has been instituted by Wife in the Court of Common Pleas of Cumberland County docketed to No, 3746 Civil 1996 alleging that the marriage is irretrievably broken and requesting a no-fault divorce under Sectitlll 3301(c) of the Divorce Code, It Is hereby agreed thatlhe marriage Is irretrievahly hrokenllnd that coincident with the signing of this Agreement, buth parties will execute aflldavits of consent to the entry of a Decree in Divorce under Section nOI(c) of the Divorce Code. It is agreed that the parties will share equally the costs of obtaining this no-fault divorce, If the contemplated divorce Is not granted within twelve (12) months from the date hereof, this Agreement shall be null and void and of no further force and effect. 14. E.Rcutlon IlI1d Dellverv or Documents The panles hereto agree to execute and deliver all papers needed to effectuate the tenns and Intentions of this Agreement. IS. Br~achlRll Party PIlYS Cost.~ If any party breaches any provisions of this Agreement, the other party shall have the right, at his or her election. either to sue for spednc perfonnance or for damages for such breach. and the party breaching this Agreement shall be responsible for reasonable legal fees and costs incurred by the olher in enlilrdng his or her rights under this Agreement. 16. General Provisions This Agreement encompasses all agreements hetween the parties concerning the matters set fonh herein and may not he altered or omitted except in writing executed by the parties; the waiver of any tenn. condition or provision of this Agreement shall in no way be deemed a waiver of any other tenn, conditions or provisions of this Agreement. If any tenn. ,ondition or provision of this Agreement shall be detennined to be void or invalid in law or otherwise, then only thatteml, condition or provision shall be stricken from this Agreement. and in all other respects. this Agreement shall be valid Bnd continue in full force. " , , ... '-" fl, _'J ., I ~.- .. ..' ~.L,~ : "" , _r: ., .; :.'i~ ' I"~ , , , '~J ,'j! .' ). ~ ' " , ,,.',) '.." 1'1'1' I II';) i i .~ I .1l'.J I, .- ' ~.) 'J.. I' I~' '.J ( ~~, ,U , " ,I , , " ' " , I I " " 11.11 , ,1 , , " " 1(' " " I' " , , i' , ' I' I, , ' , " ' II, , , , I " , ,Ii " I. 1 , 'I ,I! , ' ," , , " I I ~ ,',\ '" tr: In ,): ,..,' o'} """ " ~u!~) .. "j I' I" 1 =-5 ~V .. . i~ ; .J ~p. ,~ r "' ;-.., ., I 'I~ rLll' ' ,. eo- ~ J 'jj~ r" ... ,:-! l~ , .n t;~ .) (n U .{;, ~ ~/~ ;;~ ('-' l><:::J ......... ........ \:)- \., 1"-..... 'j-or- ~.....;. ~ ~ ~ - r- ~~~ '0 1'\--< - Z f"~~< 4-< Oeil 4-< j,J HU .... l: f"P:: j,J III UO P::eilOH l: '0 ~~ g>-1UZ .'... . l: tl - l>. ...: (fllll (fl ill Q U Q:> P::.-< P::4-< P:: 'Q-~~~ ZZ>-1 ~ P. ~21 ~~ CilO"': :I:~>-1>< liJ~:~~ E~, P:: ~ . ::J....eil OCil . > . r.o.8 ZU~eil >< P:: ~ou ~llIi~~~~ H l>. . Q r.o. >< H- ~ <..,I:Q.E ou 0 (.'l P:: ...: u Z (.'l ~ >-1~ Elz~ c Cil ~.-< ~..( l>. Cil o~ = U UM , " , , " " 'I . . , . ~~ t.. l',~ tj~ ..:J " , , ., '1 III" 1,'; }1j C). , , P" , '. )rl.~ ; " ,- , ~ \-. (y~ \;:J, .. '. [;" I,) ii' 'I' ~ . ; G.! I I'~ t"r . , :l. _~L " " 0 ro- d 1 IJ' , , , ' " , " I , ,/ " , , I" I' " " " " , " , , " , , /, '" " , I ,j " " " 'I ,\ .(I/(/) t,9jfi'i'S r1' DEBRA K. WALLET 24 N, ll"'~' C"'P Hili. "" IlOll 'IlI1..,..... (717) 7l7.llOO C'''TI''ID COP'( "-.~______..J . - ATTORNEVFOR IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA PEGGY Y. MYERS, Plaintiff No, 96-3746 CIVIL v. IN DIVORCE EDWARD R, MYERS, Defendanl , AFFIDAVIT OF CONSEN'( 1. a, A Complalnl in Divorce under Section 3301(c) of Ihe Divorce Code was filed on July S. 1996. b, I hereby acknowledge receipl of a copy of same, 2. The marriage of Plaillliff and Defendanl is irrelrievably broken and ninely (90) days have elapsed from Ihe dale of filing Ihe Complailll. . 3, I consenllo Ihe entry of a final decree of divorce, 4. I have been advised of the availability of marriage counselling, I undersland Ihat the Court maintains a lisl of marriage counselors In the Prothonotary's Office, which IIsl is available to me upon requesl, and being so advised. I do nOI request Ihal Ihe Court require marriage counselling. 5. I understand thaI I may lose my rights concerning alimony, division of property. lawyer's fees or expenses if I do not claim them before a divorce is granted, I verify Ihallhe slalements made in Ihis Affidavit are (rue and correct. I understand thaI false stalemenls herein are made subjecllo the penalties of 18 Pa, C, S, ~4904 relaling to unsworn falsification to authorilies, Dale: a, I:? Jq"1 (;t\)~ 11\'0-' 'S. ~:r- PEGGY. E . 1 " " \1 ," '1;11 I" " I" " " 1 , ' I' " " I I, , , I., " " '" it " I' .-\ 'I I " !" , " I, , , " " -I; Ii .,t) .tl '" , ~~ " Ii ii:; ii" ~<!' \~~, 91, @!~ pJ" , ..i..'-, r;; l~, (;) ~",. 0- U') I pi: -;:e ~ :\~ ~ :Ii!; ',';::1 : ;;.1 ;1,1P I ,,)r\j ~~ " " l:, , , /, , I , , 1\ " , , " , ';'1 " , , 'I , , " ,I " " " I , , , ,,' !I 'I 'I " , ' , , , " " ',1' " " " , I '1 " , I,;, , " I , " 010 " ~~ ~ ..... . . .1/1/11- t,9#~~' rJ/' DEBRA K. WALLET 24 N, Uno!~- ,,"mp 1111I, PA IlOlI lClrplwnc 1717) 7lHIOO CfATI"fD CO,., .--" ATTORNEY FOR IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA PEGGY Y. MYERS, Plaintiff No. 96-3746 CIVIL v, IN DIVORCE EDWARD R, MYERS, Defendant WAIVER OF NOTICE OF INTENTION TO REOUEST ENTRY 0(<' A DIVORCE DECREE UNDER a 33011c) 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 after it is flied with the prothonotary , 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, ~ 4904 relating to unsworn falsification to authorities, q~Chy\.~rA((~ Date:~ , , ',' , , , , ~~t' ,... - -..... .tall) t?,#~~' IY' DEBRA K. WALLET 14 N. llnol S\III""""._ Clm{llllll, I'A 111)11 liltpllo"" (717) m'Il<~J PfRTI"ro COPY I 10..-..____ ----- ATTORNIY fOR IN THE couR'f"Of( COMMbN I'LM:S CUMBERLAND COUNTY, PENNSYLVANIA PEGGY Y. MYERS, Plaintiff No, 96-3746 CIVIL v. IN DIVORCE EDWARD R. MYERS, Defendant AFFIDAVIT OF CONSENT I. a, A Complaint in Divorce under Section 3301(c) of the Divorce Code was t1Ied on July S, 1996, b, I hereby acknowledge receipt of a copy of same, 2. The marriage of Plaintiff and Defendant is Irretrievably broken and ninety (90) days have elapsed from the date of filing the Complaint. 3. I consent to the entry of a I1nal decree of divorce. 4. I have been advised of the availability of marriage counselling, I understand that the Court maintains a list of marriage counselors In the Prothonotary's Office, which list is available to me upon request, and being so advised, I do not request that the Court require marriage counselling. 5. I understand that I may lose my rights concerning alimony, division of property, lawyer's fees or expen:;es if I do not claim them before a divorce is granted. I verify that the statements made In this AfI1davit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pn. C. S. fi4904 relating to unsworn falsification to authorities, Date: J.!Jo~ ) . ;J ~ tll1 ,1ff ARD R, MYERS " " ,I I! " , , " " ;1' , , " , , "'. 1"" " 1:,", ~; I\:~, 1.:' .., i._S \U': . '.', I' .,~ ~~. q" '\"" I' . \. '~, n '.. ';l', ., , il} ., , ll~t W{ , ,:f/1 l'"" ' ", u.. I. I, _'~ \" -;... r~ I_I. 'O~ <.J " i! " " ,If , , I' ! , , , I' ", 1 i , " " , " " , , , " .--1 -""f---.'T-;----............-.--.....- .~ '..~ -- ,. .{l11/J ~#;'t'oI' ,V' DEBRA K. WALLET . . crflT"lfD COPY . It . 20& N. .\~ On....., CUlllp HIli, 1'1< 1~1II 1l:1<p/1nllC 17m 7JH~JO .. ,----..-, ....-..---... ATTORNEY FOR IN THE COURT or COMMON PLEAS CUMBERLAND COUNTY. PENNSYLVANIA PEGGY y, MYERS, Plaintiff No, <}6-3746 CIVIL v, IN DIVORCE EDWARD R. MYERS, Defendant WAIVER OF NOTICE QJ::...lliTENTlON TO REOUEST ENTRY OF A IlIVORCE I>ECREE UNI>E~ ~ 3JO\(c) OF TilE D1VORCI~ cOlm 1. I consent to Ihe entry of a final decree of divo!'ce without notice, 2. I underslUnd that Imay lose !'i~hts concernin~ alimony, division of property, lawyer's fees or expenses if I do nOI claim them hefore a divorce is grallled. ' 3, I understand thutl willnol he divorced until a divorce decree is entered by the Court and that a copy of the decree will he selll to me immediately after it is filed with the prothonOlary, I vel'ify that the statemellls made in this affidavit arc tllle and correct. I understand that false sllltelllents herein are made suhject 10 the penalties of 18 Pu,C,S, ~ 4904 reluting to unsworn falsifieution to authorities, Date:. )~o4 7 1ft " I' " , I' I 1 , I , ., " I" " ,'1' ,.,. ,....' ' , lJ', ..::/ I~: : " i~%' " I~' ) 1,/.'; )t~ " " ~ I") I.:..i t' );',,: II' , I ";'1 , , ',I "., ~ \C_;" I-j ~I I " , &} ,'..' I. I ~ I 11,11 , , ~ II] I . "tlla. ';'1 j .' .. '" " 'J ,.,~ " " " , 'I , ' 'I "I ,I , , " , , " " " .--.......,....--... , . - ,.... -- -..... . . . .