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HomeMy WebLinkAbout96-05100 ~ I t c:. '( i t i I 1 I ~) (tljl ~ l .... N ." b; ("; .~.,. .... .~ r 'c:.,. ~. - . -. <- ::0:.:: ,,~ ~~. ..... ," ~- ,- :~~ c' /:. ( u.~c '<, -'" e" ;.1 ~ l'- ,..... F- .... -'5 ~ r- a- U . ItATHLBU F. LOIIO, I III THE COURT OF COMMOII PLEAS PLAIIITIFF I CUMBERLAKDCOUNTY, PENNSYLVANIA I v. I 110. 96 _ j ,," CIVIL TERM I JAMES N. LOIIO, I III DIVORCE DEF!llDAIIT I COMPLAIIIT UNDER SECTIOII 3301(c) OR 3301(4) OF THE DIVORCE CODE III DIVORCE 1. The Plaintiff is Kathleen F. Long who resides at 1125 lIanroc Drive, Mechanicsburg, Cumberland County, pennsylvania 17055. 2. The Defendant is James W. Long who resides at 595 Sand Hill Road, Hershey, Dauphin County, Pennsylvania 17033. 3. The Plaintiff and Defendant have been bona fide residents of the COllllllcmwealth of Pennsylvania for at least six lIIOnths immediately prior to the filing of this Complaint. 4. The Plaintiff and Defendant were married on April 20, 1985 in Dauphin County, Pennsylvania. S. There have been no prior actions of divorce or annulment between the parties in this or any other jurisdiction. 6. The marriage is irretrievably broken. 7. The Defendant is not a meaber of the Armed Services of the United State. or any of its Allies. 8. The Plaintiff has been advised of the availability of coun.eling and that Plaintiff may have the right to request that the Court require the partie. to participate in coun.eling. MARRIAOB SSTTLBM!IIT AOR!!MEIIT THIS AGREEMENT made this ~ day of :;.l{1I , 1997, by and between James W. Long, (hereinafter referred to s "Husband,") and Kathleen F. Long, (hereinafter referred to as "Wife"). WITNESSETH: WHEREAS, the Husband and Wife were lawfully married on April 20, 1985; and WHEREAS, differences have arisen between Husband and Wife in consequence of which they intend to live apart from each other; and WHEREAS, there were no children born of this marriage; 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. 'DAaM'IOII 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 de_ fit. The foregoinq provisions shall not be taken as an admission on the part of either party as to the lawfulness or unlawfulness of the cause. I_ding to their 11 ving apart. :2. IftUJ'DDCB lach party shall be free from interference, authority, and contact by the other as fully as if he or ahe were sinqle and 1,Ift-"rried except .. ..ybe neces.ary to carry out the proVisions of the .~nt. lIeither party shall lIIOleat the other or att.-pt to end_vor to lIIOleat the other, nor COIIpeI the other to cohabit with the other, or in any way har..s or ..11gn the other, nor in any way interfere with the paaceful existence, separate and apart frea tbe otber, and each of the parties hereto c~letely understand and aqree that lleither ahall do or say anything to tbe children of tbe parti.. at anI time which aiqht in any way influence the children .duraelv . ut the other party. 3. DIVISIOII OF PERSOIIAL PROPBRTY The parties 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. Within 14 days Husband shall remove all his personal property from the shed located at the marital home. The parties are owners of two dogs. Husband is granted sole ownership and responsibility for Heidi and Wife is granted sole ownership for Oliver. 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 Wife shall have all rights, duties and responsibilities to the leased 1995 Ford Contour and Husband shall have all rights, duties and responsibilities to the 1996 Ford Contour. Each party shall be fully responsible and liable for any and all loans, maintenance, insurance, or other costs associated with the ownership of their respective vehicles. Each party agrees to indemnify and hold the other harmless for any liability arising from the vehicle in their possession. 5. DIVISIOII OF REAL PROPBRTY The parties agree that the marital home at Nanroc Drive, Mechanicsburg, Cumberland County, Pennsylvania, shall be sold and the net proceeds shall be equally divided. The parties agree to equally share the costs incurred in preparing the house for sale. Wife shall provide Husband with receipts and/or bona fide billing statements from legitimate third parties for the cost of material and labor to re-hab/prepare the house for sale. The value of the labor of Husband, Wife or Wife's roommate shall not be included as a re-hab cost on the home. The parties agree that the outstanding sewer bill at the marital home shall be satisfied from the proceeds J2f ,he sale of the. home,.'" ~'\ IAJ "\^-"':""I'....1 -\. -t~\'...c. &0, ~.(".. ~, "'J ... ~. t'''''\h~', ,....1 ,-tit l /,,; II Pfl'.J, bJ' ttw~...J. /'l . I '. 6. ''''1011 UD U\'Iaa-..-r ACCOUt'rI . _ -..;;fJd. 1. )~ '"!'? l . I Huaband and Wife shall maintain their separate pension and/or retirement accounts. Husband relinquish.s any and all riqhts he mar have in Wife's pension or retir..ent accounts and Wife relinqu she. any and aU rights she may have in Hu.band'. pension or retirement account.. .. . 7. MARITAL DBBTS Husband shall be responsible and hold Wife harmless for all debts solely in his name and Wife shall be responsible and hold Husband harmless for all marital debts solely in her~name. At the time of settlement on the marital home Wife shall pay Husband from her equal share of the proceeds of the sale, the sum of $2,309.40 as reimbursement of the balances on the Capital One and Fleet credit card accounts. Husband shall be solely liable and hold Wife harmless for the Capital One and Fleet credit card debts. Any unknown debts that may arise will be the responsibility of the party who incurs them and the responsible party agrees to hold the other harmless. or /.,.'..1 "~"'e -oU"'I 8. FILIIIO OF IRS UTUJUf c;fq.h 0+ S"(N(1\t.i." ... p . Pf,-", tqt\,. ~,.1 Husband and Wife agree to file a joint tax return for tax~ J. year 1996 and separate tax returns in all subsequent years. ,LJ-f7 9. DIVORCE The parties agree to cooperate with each other in I, obtaining a final divorce of the marriage. It is agreed that at I the execution of this agreement that each party shall sign the documents necessary to obtain a 3301(c) no fault divorce. 10. llICORPORATIOII This agreement is to be incorporated into any subsequent Degree in Divorce. 11. COlITllIVED COOPZRATIOII The parties agree that they will within fifteen day. 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. 12. IIR!ACH If either party breaches any provision of this agre...nt, the other party shall have the right, at his or her election, to sue for dlllllllqes for such breach, and the party breaching this contract shall be responsible for the payaent of legal fee. and co.ts incurred by the other in enforcing their rights under this .gre...nt or for ...kinq such other remedies or relief a. aay be av.ilable to him or her. 1 7; ..... '- .J. (>"; . ,,, .. '.r. to, - w. . .. (..}... , !,. Er~ . ...... : ;:j .~ .; q; (:r;:- .;~ C" ....!-- A) ft' ( I 0I- l- ~ ,- ~ \.! .j fr. 1") c-: ;2-: .. ; " lU~ - -.. 1_-. ~? 'C I~.~ '1-;:- "" \:. j 6' . ' ~- c::. "! - l.a.a~ :' lt~ ~. l.~ "'- '0.. t. ~ ... '. t':i r- s a. 'J , . ( v. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 96 - 5100 CIVIL TERM KATHLEEN F. LONG, PLAINTIFF JAMES W. LOIIG, III DIVORCE DEFENDANT AFFIDAVIT or COIISENT 1. A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed on September 13, 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 stat_ents herein are subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. DATED: htJal__ F. LoA, i;; ('oJ - r:- . t:! ',~ S~) :~ ~ - ~ .... ':,:;; T,' '''' ,""' ~~' ,":>c- <"0 <'4 -i , C' li.:': w.; ~; ~ ..... .,;;; & r0- d cr ; ! , ! . , 1 ! I I ! ; i . . , . J . KATHLEEN F. LONG, : IN THE COURT OF COMMON PLEAS PLAINTIFF . CUMBERLAND COUNTY, PENNSYLVANIA . . . v. . NO. 96 - 5100 CIVIL TERM . . . JAMES W. LONG, I IN DIVORCE DEFENDANT . . WAIVER OF NOTICE OF INTEIITION TO REOUEST EIITRY OF A DIVORCE DECREE UNDBR SECTIOII 3301lcl OF THE DIVORCE CODE 1. I consent to the entry 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: - //'///1 f / r ~I/ I . r .-' '" II " i I .i~~ Kathl..a F. LO;a9 >- ". r u:: C':' ~ .. ~:; ~f - '3 fE' u: -:; ~r- r.o ~~2 ~,. rr J~ ...; . ~l '::' l.&.. :3 l~. ,... '-=' CY' ., . . . '" t KATHLEEN P. LOIIO, . III THE COURT OF COMMOII PLEAS . PLAIIITIPP . CUM8ERLAIIDCOUKTY, PBNXSYLVANIA . : v. . 110. 96 - 5100 CIVIL TERM . . . JAMBS N. LOIIO, . III DIVORCB . DEPBIIDANT : AFPIDAVIT OP COllSEIIT 1. A complaint in Divorce under Section 3301(c) of the Divorce Code was filed on September 13, 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, diviaion of property, lawyer's fees or expenses, if I do not claill them before a divorce 1s granted. I verify that the statements made in this Affidavit are true and correct. I understand that false stat_nts herein are subject to the penalties of 18 Pa. C.S. Section 4904 relatin9 to unsworn falsification to authorities. DATlD: j;:",'thlf. t; C.. .1_a N. Loa 0:- C'J 9; t"". ~- .. ':'-ot!' >.. r; -- 'rJ ~::k ~; -:7' _,n,;;: ~ 0:.. c... 9i '- .:::> ~\o1 ~~. ," c:.. :a "'- . W ',,:).. ,: 1.0.. ;:; l:i r- Q'I Ii.) ..... 10 t;: "* ,- C'; ~ - :''!: c - r5~' -!,... :"; ~,~ IF' t-'_ ;:; '" . ,- ::t) (j') fi:' -. .l~ .' ~... '!;il -~t! c 0.:-- I.. .~ .< .-- u. ...d ~ ~ ~::'l CI U . , l'i: r-. '- "- "" "5 0-- G ~c ( ., ".,~ :~. ~.'. ....-.: "?:i '-, .- 9,' ,~. ,JJ f2':. I ? ....Jl' .' CI:.. c: I .~ d !1-. -0 U Ci~ -~ ..' ..