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IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY
'!t
STATE OF ~~ PENNA.
SUSAN A. EDWARDS,
Plaintiff
~tI, 96-5181 CIVIL
1')
\'l'j".:j..;.
JEFFREY H. WHITE,
Defendant
AND NOW.
DECREE IN
DIVORCE
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it is ordered and
2,,,\
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decreed that
Susan A. Edwards,
plaintiff .
defendant.
and
Jeffrey H. White,
'nlere are l1:) cl<llms. (~ WItch the O:lurt retatns jurt!ldlctlm.
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MATRIMONIAL SETTLEMENT AGREEMENT
THIS AGREEMENT, made this ~ day of ~/l~II~~
1996, between SUSAN A. EDWARDS, hereinafter called "Wife" and
JEPFRBY H. WHITB, hereinafter called "Husband".
,
WITNESSETH:
The parties hereto, being Husband and Wife were lawfully
married on April 19, 1987 in Allegheny county, North carolina;
There were no children born of the parties;
Diverse and unhappy differences, disputes and difficulties
have arisen between the parties and it is the intention of
HUSBAND and WIFE to live separate and apart for the rest of their
natural lives, and the parties hereto are desirous of settling
fully and finally their respective financial and property rights
and obligations as between each other including, without
limitation by specification: the settli~g of all matters between
them relating to the ownerShip and equitable distribution of real
and personal property: the settling of all matters betveen them
relating to the past, present and future support, alimony and/or
maintenance of each other: and in general, the .ettling of any
and all claims and possible Claims by one aqainat the other or
against their respective estates.
NOW TttEREFORt, in consideration of tho pr~mi8es 3nd mutual
.
promises, covenants and undertakings hereinafter set forth and
for other good and valuable consideration, receipts of which is
hereby acknowledged by each of the parties hereto, HUSBAND and
WIFE, each intending to be legally bound hereby, covenant and
agree as follows:
1, INCORPORATION OF PREAMBLE
The recitals set forth in the Preamble of this Agreement are
incorporated herein and made a part hereof as if fully set forth
in the body of the Agreement.
2. AGREEMENT NOT A BAR TO DIVORCE PROCEEDINGS
This Agreement shall not be considered to affect or bar the
right of HUSBAND and WIFE to an absolute divorce on lawful
grounds if such grounds now exist or shall hereafter exist or to
such defense as ~y be available to either party. This Agreement
is not intended to condone and shall not be deemed to be
condonation on the part of either party hereto of any act or act.
on the part of the other party which have occasioned the disputes
or unhappy differences which have occurred or ~y occur
subsequent to the date hor0of.
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3. EFFECT OF DIVORCE DECREE
The parties agree that unless otherwise specifically
provided herein, this Agreement shall continue in full force and
effect after such time as a final Decree in Divorce may be
entered with respect to the parties.
4. AGREEMENT TO BE INCORPORATED IN DIVORCE DECREE
The parties agree that the terms of this Agreement shall be
incorporated into any Divorce Decree which may be entered with
respect to them.
5. NON-MERGER
It is the parties' intent that this Agreement does not merge
with the Divorce Decree, but rather shall continue to have
independent contractual significance. Each party maintains his or
her contractual remedies as well as court ordered remedies as the
result of the aforesaid incorporation o~ as otherwise provided by
law or statute. Those remedies shall include, but not be limited
to, damages resulting from breach of this Agreement, specific
enforcement of this Agreement and remedies pertaininq to failure
to coaply with an order of court or agreement pertaininq to
equitable distribution, alimony, alimony pendente lite. counsel
fees and costs as set forth in the Vennsylvania Divor~ Code or
)
9. SEPARATION
Husband and Wife shall at all times hereafter have the right
to live separate and apart from each other and to reside from
time to time at such place or places as they shall respectively
deem fit, free from any control, restraint, or interferences
whatsoever by the other. Neither party shall molest the other or
endeavor to compel the other to cohabit or dwell with him or her
by any legal or other proceedings. The foregoing provision shall
not be taken to be an admission on the part of either Husband or
Wife of the lawfulness or unlawfulness of the causes leading to
their living apart.
10. PERSONAL PROPERTY
The parties hereby mutually agree that they have divided all
furniture, household furnishings, appliances and other household
personal property between them, and they mutually agree that each
party shall from and after the date thet_of be the Bole and
separate owner of all tangible personal property present in hi.
or her possession.
11. REAL PROPERTY
a. :U:U Forest H111. Ddv-e& Karrlswrv. Pllnnaylvanla. The
parties acltnowledcJe that they are joint owners of the real ..tate
..,
known as 2332 Forest Hills Drive, Harrisburg, Pennsylvania.
Husband agrees to transfer to Wife all of his interest in and
title to the jointly owned real estate. Said Deed shall be
prepared by Wife's attorney. Husband and Wife acknowledge that
there is currently a mortgage with Bank Boston in the approximate
amount of $185,000.00. Wife agrees to be responsible for the
payment of the outstanding mortgage as well as the payment of all
future taxes, insurance, maintenance and utility bills relative
to said real estate. Wife agrees to indemnify Husband from any
loss by reason of her default in the payment of said mortgages,
taxes, insurance and utilities and agrees to save Husband
harmless from any future liability with regard thereof.
b. 6655 East Valle diCadore, Tucson, Arizona. The parties
acknowledge that they are joint owners of the real estate known
as 6655 East Valle diCadore, Tucson, Arizona. HUSband agrees to
transfer to Wife all of his interest in and title to the jointly
owned real estate. said Deed shall be prepared by Wife's
attorney. Husb3nd and Wife acknowledqe that there is currently a
mortgage with Fleet Mortgage Croup in the approximate amount of
$96,000.00. Wife agrees to be responsible for the payment of the
outstandinq mortgage as well as the payment of all future taxes,
insuran~c.. maintenance and utility bills relative to said real
@state. Wife aqree~ to indemnify Ilusbafui from any loss by rea.on
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shall be prepared by Wife's attorney or designee. Wife agrees to
be responsible for the payment of all fees associated with the
time-share and to indemnify Husband from any loss by reason of
her default in the payment of all fees.
13, AUTOMOBILES
With respect to the motor vehicles owned by one or both of
the parties, they agree as follows:
(a) The 1987 Mazda shall become the sole and exclusive
property of Husband, The parties acknowledge that there is no
lien against this vehicle.
(b) The 1992 Pontiac Bonneville shall become the sole and
exclusive property of Husband, The parties acknowledge that there
is currently a lien against this vehicle in the form of a lease
held by CHACo
(c) The parties agree to execute any and all documents to
transfer the vehicles, if necessary.
The titles of assignment of any lease agreements to said
vehicles shall be executed by the parties, if appropriate, for
effectuating transfer as herein provided on the date of execution
of this Agree.ent and said executed titles/assiqnments shall be
delivered to the property party on the distribution date. For the
purposes of this Paraqraph the term -title- shall be deeaed to
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include "power of attorney" if the title or lease agreement to
the vehicle is unavailable due to financing arrangements or
otherwise. In the event any vehicle is subject to a lien,
encumbrance, lease or other indebtedness the party receiving said
vehicle as his or hor property shall take it subject to said
lien, encumbrance, loase or other indebtedness and shall be
solely responsible therefore and said party further agrees to
indemnify, protect and save the other party harmless from said
lien, oncumbrance, lease or other indebtedness. Each of the
partie. hereto does specifically waive, release, renounce and
forever abandon whatever right, title and interest he or she may
have in tho vehicle(s) that shall become the sole and separate
property of tho other pursuant to the terms of this Paragraph.
14. .Qtlmi
The parties acknowledge that they ~ave no joint debts except
for the mortgages referred to in Paragraph 11 herein,
A iiability not disclosed in this Agreement will be the Bole
responsIbility of the party who has incurred or may hereafter
tn~ur It, and each agrees to pay it as the 84.. Shall becoae due,
and to Indemnify and hold the other party and his or her property
harml.s. for any and all su~h debts, obligations and liabilities.
".
From the date of the execution of this Agreement, each party
shall use only those credit cards and accounts for which that
party is individually liable and the parties agree to cooperate
in closing any remaining accounts which provide for joint
liabili ty,
15. EMPLOYEE BENEFIT PLANS
Except as may otherwise be provided herein, each of the
parties does specifically waive, release, renounce and forever
abandon all of his or her right, title, interest or claim,
whatever it may be in any Pension Plan, Retirement Plan, Profit
Sharing Plan, 401K Plan, Keogh Plan, Stock Plan, Tax Deferred
Savings Plan and/or employee benefit plan of the other party,
including but not limited to Wife's Retirement Plan provided
through Pinnacle Health System and Husband's Retirement Plan
provided through the Federal Government, and hereafter said
Pension Plan, Retirement Plan, Savings ~lan, Tax Deferred Savings
Plan and/or any employee benefit plan shall become the sole and
separate property in whose name or through whose employment said
plan is carried.
16. Ill'llllQl:LQr....l\Al!,lLhCCOONTS
The parties acknowledge th~t any ~rital bank accounts shall
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be closed, if joint and the proceeds shall become the sole and
separate property of Wife. Husband does specifically waive,
release, renounce and forever abandon all of his right, title,
interest or claim in said bank account(s).
17. CASH PAYMENT
Wife agrees to pay the sum of Twenty-Five Thousand
($25,000.00) at the time a Divorce Decree is issued to the
parties in this matter.
18. LIFE INSURANCE
The parties acknowledge that Husband is the owner of a Life
Insurance Policy with the Federal Government (I.R.S.). Wife
agrees to waive any claims she may have for the cash surrender
value of said policy or ownership in said policy.
The parties acknowledge that Wife is the owner of a Life
Insurance Policy with Pinnacle Health S}lstell. Husband agree. to
waive any claim. he may have for the cash surrender value of said
policy or ownership in said policy.
19. t1EJll'ALdl;SlJlWf>~E
Wife aqr... that she shall continue to cover Husband on her
lIile\1ical insurance, as IOn<) as it is suppl ie\1 throuqh her: eaployer:
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right to have all such property valued by means of appraisals or
otherwise, Both parties understand that they have the right to
have a court hold hearings and make decisions on the matters
covered by this Agreement. Both parties understand that a court
decision concerning the parties' respective rights and
obligations might be different from the provisions of this
Agreement.
Each party hereby acknowledges that this Agreement is fair
and equitable, that it adequately provides for his or her needs
and is in his or her best interests, and that the Agreement is
not the result of any fraud, duress, or undue influence exercised
by either party upon the other or by any other person or persons
upon either party. Both parties hereby waive the fallowing
procedural rights:
a. The right to obtain an inventory and appraisement of
all marital and non-marital property as defined by the
Pennsylvania Divorce Code.
b. The right to obtain an income and expense statement
of the other party as provided by the Pennsylvania Divorce
Code.
c. The right to have property identified and appraised,
d. Tho right to discovery ~s provid~ by the
l>ennsylvani.l Rult:'s nf Civil I'roc~urt\.
II
e, The right to have the court determine which property
is marital and which is non-marital, and equitably
distribute between the parties that property which the court
determines to be marital, and to set aside to a party that
property which the court determines to be that parties' non-
marital property,
t, The right to have the court decide any other rights,
remedies, privileges, or obligations covered by this
Agreement and/or arising out of the marital relationship,
including but not limited to possible claims tor divorce,
child or spousal support, alimony, alimony pendente lite
(temporary alimony), equitable distribution, custody,
visitation, and counsel fees, costs and expenses.
24. FURTHER DEBT
Wife shall not contract or incur aQY debt or liability for
which Husband or his property or estate aight be responsible and
shall indetmlfy and &ave harmless Husband froll any and all claims
or deunda Mde a9ainat Husband by reason of debts or obli9ationa
incurred by ~if..
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25. FURTHER DEBT
Husband shall not contract or incur any debt or liability
for which Wife or her property or estate might be responsible and
shall indemnify and save harmless Wife from any and all claims or
demands made against Wife by reason of debts or obligations
incurred by Husband,
26. MUTUAL RELEASE
Except as otherwise provided herein and so long as this
Agreement is not modified or canceled by subsequent agreement,
the parties hereby release and discharge absolutely and forever
each other from any and all rights, claims and demands, past,
present and future specifically from the following: spousal
support from the other, alimony, alimony pendente lite, division
of property, claims or rights of dower and right to live in the
marital home, right to act as executor or administrator in the
other's estate, rights as devisee or le;atee in the Last Will and
Testament of the other, any claim or right as beneficiary in anv
life insurance policy of the other. any claim or right in the
distributive share or intestate share of the other parti.s'
estate.
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27. BANKRUPrCY
The parties hereby agree that the provisions of this
Agreement shall not be dischargeable in bankruptcy and expressly
agree to reaffirm any and all obligations contained herein. In
the event a party files such bankruptcy and pursuant thereto
obtains a discharge of any obligations assumed hereunder, the
other party shall have the right to terminate this Agreement in
which event the division of the parties' marital assets and all
other rights determined by this Agreement shall be subject to
court determination the same as if this Agreement had never been
entered into.
28. INCOME TAX PRIQR_Bm!.Bmi
The parties have heretofore filed joint federal and state
returns. Both parties agree that in the event any deficiency in
federal, state or local income tax is proposed, or any assess.ent
of any such tax is made against either Qf thea, each will
indemnify and hold hanalesa the other frea and against any loss
or liability for any such tax deficiency or asse.saent therewith.
Such tax. interest, penalty or oxpt'nse &hall be paid solely and
enUrely by the individual who i. flnally ctetenalMd to be the
cau.. of the .i.r.pres~ntatlons or f~ilur.s to disclose the
nJlture and ..hnt of his or her !!f>p.u;lte ."'-'OM on the aron.ald
110
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32. FULL DISCLOSURE
Each party asserts that she or he has made a full and
complete disclosure of all the real and personal property of
whatsoever nature and wheresoever located belonging in any way to
each of them, of all debts and encumbrances incurred in any
manner whatsoever by each of them, of all sources and amounts of
income received or receivable by each party, and of ever other
fact relating in any way to the sUbject matter of this Agreement.
These disclosures are part of the consideration made by each
party for entering into this Agreement.
31. COSTS TO ENfORCE
In the event that either party defaults in the performance
of any duties or obligations required by the terms of this
Agreement and both extra-judicial and judicial proceedings are
commenced to enforce such duty or obligations, the party found to
be in default shall be liable for all e~nses. including
reasonable attorneys fees, incurred as a result of such
proceedings.
l4, AGRE~ENT YOWJ!IAlUl.L^-!!ILtu~.RL:( VtC~
Each party to this Aqr....nt ",cltnovled99s and declare. tMt
he or she re.peeti~elYl
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(1) Is fully and completely informed as to the facts
relating to the subject matter and their Agreement as the rights
and liabilities of both parties;
(2) Enters into this Agreement voluntarily after receiving
the advice of independent counsel; except that Husband has been
advised by Wife's attorney that he has the right to independent
counsel and has voluntarily chosen not to be represented and has
acknowledged that he fully understands that Wife's attorney
represents only Wife's interests and not his own and he bas
nonetheless chosen to be unrepresented in this matter.
(3) Has given careful and mature thought to the making of
this Agreement;
(4) lias carefully read each provision of this Agreement:
(5) Fully and completely understands each provision of this
Agreement, both as to the subject matter and legal affect.
35. ^"ENOMENT OR MOOJFIC~TION
This Agreement may be amended or modified only by a written
Instrulllent signed by both parties.
36. ttt.Y.tBMl I.UI
It any te~. condition, clause or proviaion of thia
A'1I"H_nt SMll be dete~lned or dedl\N!d to be void or invalid
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in law or otherwise, then only that term, condition, clause or
provision shall be stricken from this Agreement and in all other
respects this Agreement shall be valid and continue in full
force, effect and operation. Likewise, the failure of any party
to meet his or her obligations under anyone or more of the
paragraphs herein, with the exception of the satisfaction of the
conditions precedent, shall in no way avoid or alter the
remaining obligations of the parties.
37. LAW APPLICABLE
This Agreement shall be governed, construed and enforced
under the statute and case law of the Commonwealth of
Pennsylvania.
38, HEADINGS NOT PART OF AGREEMENT
Any headings preceding the text of the paragraphs and
subparagraphs herein, are inserted solely for convenience of
reference and shall not constitute a part of this Agre...nt nor
shall they affect its aoan1ng, construct1on or effect.
BY SICNINC THIS ACREEMENT, EACH PARTY ACIOIOWLEOOES HAVING
IlF.AD AND UNCtRSTOOO TIlE ENTIRE ACIlErMI:NT, AND EACH PAJlTY
AClOIOWLlOOts TItAT TIlE rt<<}VISI<m:; or 'tIllS ACIU:tMtN'I' SHALL BE AS
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SUSAN A, EDWARDS, : IN THE COURT OF COMMON PLEAS OF
Plaintiff . CUMBERLAND COUNTY, PENNSYLVANIA
.
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.
. CIVIL ACTION - LAW
.
JEFFREY H. WHITE, .
.
Defendant : IN DIVORCE
COMPLAINT IN DIVORCE UNDER SECTIONS
3301{cl AND 1301/dl OF THE DIVORCE CODE
AND NOW COMES the above-named Plaintiff, by Lori K.
Serrate11i, Esquire and the law firm of SERRATELLI, SCHIPPHAN,
BROWN' CALHOON, P.C., and seeks to obtain a Decree in Divorce
from the above-named Defendant, upon the groundS hereinafter more
fully set forth:
COUHT I
1. Plaintiff is Susan A. Edwards, who currently resides at
1340 Waterford, Camp Hill, CUmberland County, Pennsylvania 17011,
since March, 1996.
2. Defendant is Jeffrey H, White, who currently resides at
1086 Country Hill Drive, Harrisburg, Dauphin county, Pennsylvania
17111, since June 1994.
1. Plaintiff has been a bona fide resident in the
Commonwealth for at least six months immediately previous to the
filinq of this coaplaint.
4. Ttle Plaintiff and Defendant vere married 01'1 AprU 19,
1987, in North Carolina.
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SUSAN A. EDWARDS, IN THE COURT OF COMMON PLEAS OF
Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA
:
v. NO. 96-5181 CIVIL
JEFFREY H. WHITE, . CIVIL ACTION - LAW
.
.
,
Defendant IN DIVORCE
NOTICE TO THE DEFENDANT
If you wish to deny any of the statements set forth in this
Affidavit, you must file a counter affidavit within twenty (20)
days after this affidavit has been served on you or the
statements will be admitted.
PLAINTIFF'S AFFIDAVIT UNDER SECTION 3301(01
OF THE DIVORCE CODE
1. The parties to this action separated on or about January
1, 1994 and have continued to live separate and apart for a
period of at least two years.
2. The marriage is irretrievably broken,
3. I understand that I may lose rights concerning spousal
support, alimony, division of marital property, attorney's fees
or expen.e. if I do not claim the. before a divorce is granted.
I VERIFY THAT THE STATEMENTS MADE IN THE FOREGOING AFFIDAVIT
ARE TRot AND CORRtcT TO THE BEST or MY ItNOWLEOOE. INFORMATION AND
BELl U. I UNOERSTANO THAT FALSE STATEMDITS HEREIN ARE MADE
SUBJECT TO THE PENALTIES or 18 PA.C.S. SECTION 4904 RllATING TO
UlCSIJIOIlH FALSIFICATION TO Al11'ItORITItS.
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SUSAN A. EDWARDS,
Pla intiff
v,
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 96-5181 CIVIL
JEFFREY H. WHITE,
Defendant
CIVIL ACTION - LAW
: IN DIVORCE
DEFENDANT'S COUNTERAFFIDAVIT UNDER SECTION 3301(01
OF THE DIVORCE CODE
1. Check either (a) or (b):
X (a) I do not oppose the entry of a divorce decree.
(b) I oppose the entry of a divorce decree because
(Check (i), (ii) or both):
(i) The parties to this action have not lived separate
and apart for a period of at least two years.
(ii) The marriage is not irretrievably broken.
(2) Check either (a) or (b):
)( (a) I do not wish to make any claims for economic
relief, 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.
(b) I wish to claim economic relief which may include
alimony, division of property, lawyer's fees or expenses or other
important rights.
I verify that the statements made in this counteraffidavit
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 falsification to authorities.
Dated: \t>\ ''''\~L, ~ ~ \).)~
Jeff~. (.h(t~, Defendant
!IOTICII Ir YOU DO !lOT WIll to 0'1081 'fill Oft, 01' A DIVOICI
Daaaa UD YOU DO IIOT WI" to IWtI AJIl etAIM l'OR 8COIIOIIIC aUlII',
toO Dm IIOT I'lL' 'filII COVIltDAn'tDA'#lT.
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v.
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 96-5181 CIVIL
SUSAN A. EDWARDS,
Plaintiff
JEFFREY H, WHITE,
Defendant
CIVIL ACTION - LAW
IN DIVORCE
ACCEPTANCE OF SERVICE
I, Jeffrey H. White, Defendant in the above captioned
matter, hereby certify that I accept service of the Defendant's
Counteraffidavit Under Section 3301(d) of the Divorce Code and
Notice of Intention to request entry of the the Divorce Decree in
the above captioned matter on October 16, 1996.
I further state that I agreed to and have picked up the
above-mentioned documents at the office of Serratelli, Schiffman,
Brown' Calhoon, P.C., 2040 Linglestown Road, Suite 106,
HarriSburg, PA 17110 on the date set forth below.
Dated:
10 /!!:./1L
Je
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Sworn and Subscribed to
before \Ile this
day
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, 1996.
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