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STATE OF
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PENNA.
NANETTE MARIE PETERSON,
i'\ ().96~5262
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Plaintiff
VI'J".";ll.-;
,CtllHS WAYNE PETERSON,
Defendant
AND NOW,
DECREE IN
DIVORCE
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it is ordered and
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decreed that ". ~,ArlETTJ; ,teAR-IE, PE':CERSON . . . , , . , ,. . . . . ... . . " plaintiff,
and. .CHRIS, WA.Y.NE. PETERS,QN, ,., ' " .... " ,.. ' ,. '. . . ......... defendant,
are divorced from the bonds of matrimony.
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The court retains jurisdiction of the following claims which have
been raised of re;,c~rd in this action for which a final order has not yet
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The- ,Post, 'Nupt'i:al' A<3reement' execut'ed' by ,the' 'part'i:es' and' fi.J:ed' with
the Court on the 5th day of December, 1997, is heraby incorporated
iht'o 'thi'''' 'Dec:ree'." .' ,..' , ,.' ". . " " ' ..' " ' , " .., .,........,..........
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Law ott1c..
W).T.T.Z>,CE A. VITEZ
532 HEKLOCK LAlIt
LtBANON, PtNNSYLVANIA 17042
17171 272-4032
fAX 17171 228-1251
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ORIGINAL
NANETTE MARIE PETERSON,
Plaintiff
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - FAMILY DIVISION
IN DIVORCE
v.
CHRIS WAYNE PETERSON,
Defendant
No. 96 - 5262
PRAECIPE TO TRANSMIT RECORD
TO the Prothonotary:
Transmit the record, together with the following
information, to the court for entry of a divorce decree:
1. Ground for divorce: irretrievable breakdown under S
3301(c) of the Divorce Code.
2. Date and manner of service of the complaint: by
Affidavit of Service dated 4/25/97.
3. Date of execution of the Affidavit of Consent required
by S 3301(c) of the Divorce Code: by Plaintiff December 6, 1997;
by Defendant November 7, 1997. The original Affidavit and Waiver
executed by the Plaintiff are attached hereto as Exhibits A and
B. The original Affidavit and Waiver executed by the Defendant
were filed on December 5, 1997, copies are attached hereto as
Exhibits C and D.
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annulment between the parties.
6. Plaintiff has been advised that counseling is available
and that she may have the right to request that the Court require
the parties to participate in counseling.
COUNT I _ SECTION 33011c) OF THE DIVORCE CODE
7. The prior paragraphs of this Complaint in Divorce are
incorporated herein by reference as if set forth in full.
8. The marriage between Plaintiff and Defendant is
irretrievably broken.
WHEREFORE, Plaintiff prays your Honorable Court to enter a
Final Decree in Divorce from the bonds of matrimony.
COUNT II _ SECTION 3301Ia)16) OF THE DIVORCE CODE
9. The prior paragraphs of this Complaint in Divorce are
incorporated herein by reference as though set forth in full.
2
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VERIFICATION
I verify that the statements made in the foregoing document
are true and correct. I understand that false statement herein are
made subject to the penalties of 18 Pa. C.S.A. Section 4904,
relating to unsworn falsification to authorities.
i?t~>~~)
Na ette M. Peterson
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property; the past, present and future support, alimony, alimony
pendente lite and/or maintenance of Wife by Husband or of Husband
by Wife; the implementation of custody, partial custody/visitation
arrangements for the minor child of the parties; and in general,
any and all claims and possible claims by one against the other or
against their respective estates.
NOW THEREFORE. in consideration of the mutual promises,
covenants and undertakings hereinafter set forth and for other good
and valuable consideration, receipt of which is hereby acknowledged
by each of the parties hereto, Wife and Husband, each intending to
be legally bound hereby, covenant and agree as follows:
General Provisions
1. Aqreement Not A Bar to Divorce Proceedinqs.
This Agreement shall not be considered to affect or bar the
right of Wife or Husband to a divorce on lawful grounds if such
grounds now exist or shall hereafter exist or to such defense as
may be available to either party. This Agreement is not intended
to condone and shall not be deemed to be a condonation on the part
of either party hereto of any act or acts on the part of the other
party which have occasioned the disputes or unhappy differences
which have occurred prior to or which may occur subsequent to the
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Agreement shall be defined as the date of execution by the party
last executing this Agreement.
5. Distribution Date.
The transfer of property, funds and/or documents provided for
herein shall take place on the "distribution date" which shall be
defined as the date of execution of this Agreement unless otherwise
specified herein.
6. Advice of Counsel.
The parties acknowledge that each has had the opportunity to
receive independent legal advice from counsel of their selection
and that they have been fully informed as to their legal rights and
obligations, including all rights available to them under the
Pennsylvania Divorce Code, as amended, and other applicable laws.
Each party confirms that he or she fully understands the terms,
conditions and provisions of this Agreement and believes them to be
fair, just, adequate and reasonable under the existing
circumstances. The parties further confirm that each is entering
into this Agreement freely and voluntarily and that the execution
of this Agreement is not the result of any duress, undue influence,
collusion or improper or illegal agreement or agreements.
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7. Personal Riahts.
Wife and Husband may and shall, at all times hereafter, live
separate and apart.
They shall be free from any contract,
restraint, interference or authority, direct or indirect, by the
other in all respects as fully as if they were unmarried.
Each
may, for his or her separate use or benefit, conduct, carryon and
engage in any business, occupation, profession or employment which
to him or her may seem advisable.
Wife and Husband shall not
molest, harass, disturb or malign each other or the respective
families of each other nor compel or attempt to compel the other to
cohabit or dwell by any means whatsoever with him or her.
8. Mutual Releases.
Except as otherwise expressly provided by this Agreement:
(a) Each party hereby absolutely and unconditionally
releases and forever discharges the other and the estate of
the other for all purposes from any and all rights and
obligations which either may have or at any time hereafter
have for past, present or future support or maintenance,
alimony pendente lite, alimony, equitable distribution,
counsel fees, costs, expenses and any other right or
obligation, economic or otherwise, whether arising out of the
marital relationship or otherwise, including all rights and
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benefits under the Pennsylvania Divorce Code, its supplements
and amendments, as well as under any other law of any other
jurisdiction, except and only except all rights, agreements
and obligation of whatsoever nature arising or which may arise
under this Agreement or for the breach of any provision
thereof. Neither party shall have any obligation to the other
not expressly set forth herein.
(b) Each party hereby absolutely and unconditionally
releases and forever discharges the other and his or her
heirs, executors, administrators, assigns, property and estate
from any and all rights, claims, demands or obligations
arising out of or by virtue of the marital relationship
of the parties or otherwise, whether now existing or hereafter
arising. The above release shall be effective regardless of
whether such claims arise out of any former or future acts,
contracts, engagements or liabilities of the other or by way
of dower, curtesy, widow's rights, family exemption or similar
allowance, or under the intestate laws, or the right to take
against the spouse's will, or the right to treat a lifetime
conveyance by the other as testamentary, or all other rights
of a surviving spouse to participate in a deceased spouse's
estate, whether arising under the laws of Pennsylvania, any
state, Commonwealth or territory of the United states, or any
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other country.
It is expressly understood, however, that
nei ther the provisions of this release nor the subsequent
entry of a divorce decree are intended to defeat the right of
either party to receive any insurance proceeds at the death of
the other of which she or he is the named beneficiary (whether
the beneficiary designation was made prior or subsequent to
execution hereof), nor to defeat the right of either party to
recei ve any legacy, bequest or residuary portion of the
other's estate under his or her will, or to act as personal
representative or executor if so named by the will of the
other, whether such will was executed prior or subsequent to
this Agreement.
(c) Except for any cause of action for divorce which
either party may have or claim to have, and except for the
obligations of the parties contained in this Agreement and
such rights as are expressly reserved herein, each party gives
to the other by the execution of this Agreement an absolute
and unconditional release and discharge from all causes of
action, claims, rights or demands whatsoever, in law or in
equity, which either party ever had or now has against
the other.
9. Financial Disclosure.
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The parties have fully disclosed to each other the extent of
each other's income, assets, liabilities, holdings and estate. Each
has relied on the accuracy of said information of the other, as an
inducement to the execution of this Agreement.
10. Waiver or Modification to be In Writinq.
No modification or waiver of any of the terms hereof shall be
valid unless in writing and signed by both parties and no waiver or
any breach hereof or default hereunder shall be deemed a waiver of
any subsequent default of the
same or similar nature.
Notwithstanding this provision, under applicable Pennsylvania law,
the parties understand that any provision of this Agreement
relating to custody and child support shall be subject to
modification by the Court upon the showing of changed circumstances
negatively affecting the best interests of the child.
11. Law of pennsvlvania Aoolicable.
This Agreement shall be construed in accordance with the laws
of the Commonwealth of Pennsylvania.
12. Aqreement Bindinq on Heirs.
Except as may otherwise be provided, this Agreement shall be
binding and shall inure to the benefit of the parties hereto and
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construed as a waiver of any subsequent default of the same or
similar nature, nor shall the waiver of any breach of any provision
hereof be construed as a waiver of strict performance of any other
obligations herein.
16. Severability and Independent and Separate Covenants.
The parties agree that each separate obligation contained in
this Agreement shall be deemed to be a separate and independent
covenant and agreement.
If any term, condition, clause or
provision of this Agreement shall be determined or declared to be
void or invalid in law or otherwise I 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 her or his obligations under anyone
or more of the paragraphs herein, with the exception of the
satisfaction of any conditions precedent, shall in no way void or
alter the remaining obligations of the parties.
17. Manner of Givinq Notice.
Any notice required by this Agreement to be sent to either
party shall be sent by certified mail, return receipt requested,
directly to the party or her/his designated attorney.
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property sufficient to meet all obligations to the creditor-spouse
as set forth herein, including all attorneys' fees and costs
incurred in the enforcement of this Paragraph or any other
provision of this Agreement. No obligation created by this
Agreement shall be discharged or dischargeable, regardless of
federal or state law to the contrary, and each party waives any and
all right to assert that any obligation hereunder is discharged or
dischargeable.
Custody Provisions.
21. Custodv.
The parties have previously reached an agreement as to custody
of the minor children, Craig Wesley Peterson and Cassandra Marie
Peterson. Said agreement was finalized in a Joint Petition for
Custody executed by the parties and filed with the Cumberland
County Court, Carlisle, pennsylvania, on 7/2/96 and is incorporated
herein. Said Petition was adopted by the aforesaid Court in an
Order dated 7/9/96 docketed to No. 96 - 3670. The parties agree
that neither party will have the permission of the other to attempt
name change or any adoption by their future respective spouse in
the event either remarries.
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Supoort. Alimony and Alimony Pendente Lite Provisions
22. Waiver of Spousal Support and Alimony Pendente Lite.
Husband and Wife do hereby waive, release and give up any
rights arising from the continuing existence of their marital
relationship which either may have against the other for spousal
support, alimony, alimony pendente lite, or other maintenance of
any kind, except as otherwise specifically provided herein.
23. Education.
It is the intention of both parties that their children shall
attend an educational institution best suited to the child's
interests and developmental needs. The parties further intend that
each child shall attend an undergraduate college if academically
able and willing to do so. The parties shall determine their
respective contributions to the cost of the child's educational
needs and requirements by agreement based upon their then-existing
financial circumstances or, if they are unable to agree, the matter
shall be determined by a court of competent jurisdiction.
24. Health Insurance and Medical Expenses - Child.
Wife shall provide health insurance coverage for the benefit
of the Children if available through her employer. In the event
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such coverage is no longer available, Husband shall provide health
insurance coverage for the benefit of the children. Husband and
Wife shall each contribute 50 % of all uncovered medical expenses,
including dental/orthodontic I and eye care costs for the Children
that are not covered by Wife's insurance plan.
Property Distribution Provisions
25. Personal Property.
Husband and Wife do hereby acknowledge that they have
previously divided their tangible personal property including, but
wi thout limitation, jewelry, clothes, furniture, furnishings, rugs,
carpets, household equipment and appliances, pictures, books, works
of art and other personal property; and hereafter Wife agrees that
all of the property in the possession of Husband shall be the sole
and separate property of Husband; and Husband agrees that all of
the property in the possession of Wife shall be the sole and
separate property of Wife. The parties do hereby specifically
waive, release, renounce and forever abandon any claims which
ei ther may have with respect to the above items, which shall
hereafter be the sole and exclusive property of the other.
26. Motor Vehicles
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is(are) in the hands of such bank and/or lienholder.
27. Transfer of Real Estate.
There presently is outstanding against the Marital Residence
located at 813 stillwater Cove Way / Oceanside, California, a
mortgage in favor of Countrywide Mortgage, Account No. 8632538-8.
Wife and Husband shall remain responsible for the timely payment of
all past, present and future principal, interest and other fees due
under the Mortgage and any association or management fees related
to the property. Financial responsibility for the Marital Residence
is divided as follows: Husband shall pay $750.00 per month towards
the mortgage on the marital property and Wife shall pay the monthly
association fee of $168.00 and 156.00 per month towards the
mortgage. Both parties shall share equally the responsibility (50%
_ 50%) of any increase to the mortgage or association fee.
The marital residence shall be promptly listed for sale at a
price acceptable to both parties provided that, in the event no
agreement can be reached, then the property shall be listed at a
price determined by a licensed real estate broker who shall be
selected by both parties. In the event no agreement is reached,
Husband and Wife shall each select a licensed real estate broker
who in turn will select a third broker who shall list the property
for sale at a price determined by said broker. Husband and Wife
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agree to be bound by the selection of their respective brokers.
Upon sale of the premises, the net proceeds (defined as the gross
proceeds less typical settlement costs such as transfer tax,
realtor's commission, costs agreed to be paid by the parties
pursuant to a duly executed sales agreement, and legal fees
associated with the closing) shall be paid to the parties at
settlement with each party retaining 50%. In the event any that the
net proceeds from the sale does not cover the outstanding mortgage
and the aforesaid costs, both parties shall be responsible for the
deficiency at time of closing.
Except as set forth herein, the marital residence will be sold
no later than August 30, 2003. If the house has not sold by May 31,
2003, the parties will accept the highest bid/offer for the marital
residence offered wi thin a thirty day period beginning June 1,
2003. If there are no offers/bids in June, than the above aforesaid
requirements shall continue each month until the marital residence
is sold. Both parties will cooperate fully with all steps necessary
for the listing and sale of the property and will respond as
required in a timely fashion to all inquiries, offers, etc. In the
event any party fails to cooperate with the listing or sales
process or as a result of the parties conduct, an offer on the
property is withdrawn or a buyers cancels the sale, the party in
default shall assume all financial obligations for said residence
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to include mortgage and association r"'HI \JnL 11 U", residence is
sold.
Husband shall promptly comply wlLh uny requirements of the
entity and agents listing the property for sale to include but not
be limited to showing the property, completing any necessary tests
or inspections, and maintaining the property in a clean and
attractive manner as to not cause any In inference with the sale or
marketability of the marital resIdence,
In the interim and/or durIng the period in which the marital
property is listed for sale, the property will also be listed for
lease or rent with a licensed broker or agent pursuant to the same
procedure as set forth above with respect to the sale of the
property. Unless otherwise agreed or determined by the broker or
agent, Husband and Wife agree that the fair market rental or lease
value of the property is a minimum of $850.00 per month. Upon
rental of the aforesaid real property, all rent received shall be
applied to the mortgage and allsociation fees with the parties
sharing equally any amountll (mortgage and association fees) that
exceed the rent received.
28. Separate Assets.
A.
Release:
'I'he parties hereby agree that as to each of
their separate alHlCts, as that term is defined herein, the
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party not having title to or possession of any particular
separate asset hereby waives, releases, relinquishes and
forever abandons any and all claim therein and acknowledges
that hereafter the party having title to or possession of a
separate asset is the sole and exclusive owner thereof.
B.
Limi tation to Assets Disclosed:
The above release is
subject to the proviso that it shall be effective only as to
those assets disclosed to the other party, although such
assets need not be specifically named or disposed of in this
Agreement. Neither party intends by the execution hereof to
release any claim which he or she may have in assets which
have not been disclosed.
c.
Definition:
The term "separate asset" is defined for
purposes of this Agreement as designating any asset of any
kind (whether real, personal or mixed, tangible or intangible)
which is presently titled either in the sole name of a party
hereto or jointly with one of the parties hereto and a third
party or parties. The term also includes any untitled asset
which is presently in the sole possession of one of the
parties hereto. The term shall further include any business
interests owned by either party, whether individually or
together with a third party or parties.
D. Indemnification as
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to Expenses:
Each of the parties
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hereby guarantees to indemnify and hold the other harmless
from any liability, cost or expense, including attorneys' fees
and interest, which either may be in the future or has been
previously incurred with respect to the parties' separate
assets as defined herein.
29. After-ACquired Propcrty.
Each of thc parties shall hereafter own and enjoy,
independently or any claim or right of the other, all items of
property, be they rcal, personal or mixed, tangible or intangible,
which are acquired by him or her after execution of this Agreement,
with full power in him or her to dispose of the same as fully and
effectively, in all respects and for all purposes, as though he or
she were unmarried.
counsel Fee Provisions
30. Payment of Counsel Fees and Expenses.
Except as set forth herein for enforcement purposes, the
parties agree that Husband and Wife shall each be responsible for
their own legal fees, costs and expenses incurred towards this
Agrecment or uncontested divorce action, and neither shall seek any
further contribution thereto from the other party.
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Liability provisions
31. Existina and Future Personal Obliaations.
Parties hereby agree that the existing personal liabilities,
debts and obligations which have been incurred by either of them
during the marriage that currently remain unpaid, with the
exception of Wife's Master Card (Cabrillo Federal Credit Union),
Auto loan (Cabrillo Federal Credit Union), and Gerber life
insurance, shall be paid in a timely fashion by the Husband who
shall assume responsibility for the said liability.
Further, Wife and Husband each covenant, warrant, represent
and agree that neither has heretofore contracted for any debt,
liability or obligation for which the other or the estate of the
other may be responsible or liable except as specifically disclosed
and provided for by the terms of this Agreement.
The parties
further covenant, warrant, represent and agree that each will now
and at all times hereafter save harmless and indemnify the other
and the estate of the other from all debts, charges and liabilities
incurred after the execution date hereof, except as may be
otherwise specifically provided herein, as well as from all debts,
liabilities or obligations of every kind which have been incurred
heretofore by either party, including those for necessities, except
for obligations arising out of this Agreement.
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Any penalties or
The parties acknowledge that neither has any personal
knowledge concerning the income of the ether.
additional tax incurred as the result of non-personal deductions
being disallowed or the failure to accurately report income shall
be the sole responsibility of the person wrongfully claiming the
deduction or inaccurately reporting the income. Husband and Wife
agree to promptly make available to each other all records and
information necessary or helpful for the preparation of any joint
tax returns, any claim for refunds and defense of any tax audit.
Enforcement and Securitv Provisions
34. Remedies and Sanctions.
In addi tion to such other remedies and sanctions available
under applicable law, the parties may utilize any remedy or
sanction set forth in the Pennsylvania Divorce Code, as amended, to
enforce any term of this Agreement as though it had been an order
of the Court.
35. Attornev's Fees For Enforcement.
In the event that either party breaches any provision of this
Agreement and the other party retains counsel to assist in
enforcing the terms thereof, the parties hereby agree that the
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C \996 Nahonnl NOlary Associo1llon. 823& Rnmmol Avo. po. Bo~ 7164. C<lnog,l Park. CA 91309.7l114 PrM. No_ 5907 Reorder: Call TolI.FlOe 1.800.876.6821