HomeMy WebLinkAbout02-4989TRACY MICHELE DECHENE, : IN THE COURT OF COMMON PLEAS
PLAINTIFF : OF CUMBERLAND COUNTY,
: PENNSYLVANIA
:
vs. : NO. O2 -- q~ ~ CIVIL TERM
:
PATRICK WILLIAM DECHENE, : CIVIL ACTION - LAW
DEFENDANT : ACTION FOR DIVORCE / CUSTODY
NOTICE TO DEFEND AND CLAIM RIGHTS
You have been sued in court. If you wish to defend against the claims set forth in the following
pages, you must take prompt action. You are warned that if you fail to do so, the case may proceed
without you and a decree of divorce or annulment may be entered against you by the court. A judgment
may also be entered against you for any other claim or relief requested in these papers by the plaintiff:
You may lose money or property or other rights important to you, including custody or visitation of your
child.
When the ground for the divorce is indignities or irretrievable breakdown of the marriage, you
may request marriage counseling. A list of mamage counselors is available in the Office of the
Prothonotary at the Cumberland County Courthouse, One Courthouse Square, Carlisle, PA 17013-3387.
IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY, LAWYER'S
FEES OR EXPENSES BEFORE A DIVORCE OR ANNULMENT IS GRANTED, YOU MAY LOSE
THE RIGHT TO CLAIM ANY OF THEM.
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT
HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET
FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP.
Cumberland County Bar Association
2 Liberty Avenue
Carlisle PA 17013
(717) 249-3166
1-800-990-9108
TRACY MICHELE DECHENE,
PLAINTIFF
VS.
PATRICK WILLIAM DECHENE,
DEFENDANT
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY,
PENNSYLVANIA
NO.C~2 '- ~/7J9~ CIVIL TERM
CIVIL ACTION - LAW
ACTION FOR DIVORCE / CUSTODY
COMPLAINT FOR NO-FAULT DIVORCE
UNDER SECTION 3301(c) OF THE DIVORCE CODE
AND NOW, comes the Plaintiff, TRACY MICHELE DECHENE, by and through her
counsel, Susan Kay Candiello, Esquire, of the Law Firm of Susan Kay Candiello, P.C., and makes
the following consolidated complaint in divorce for divorce and custody.
1. Plaintiff is TRACY MICHELE DECHENE, an adult individual, who currently
resides at 2497 Cope Drive, Mechanicsburg, Cumberland County, Pennsylvania, 17055. The
Plaintiff has resided in Cumberland County for over one (1) year.
2. Defendant is PATRICK WILLIAM DECHENE, an adult individual, who
currently resides at 2497 Cope Drive, Mechanicsburg, Cumberland County, Pennsylvania,
17055.
3. Plaintiff and Defendant have been bona fide residents in the Commonwealth for at
least six (6) months immediately previous to the filing of this Complaint.
4. The Plaintiff and Defendant were lawfully married on January 5, 1996.
5. There have been no prior actions of divorce or for annulment between the parties
except this Complaint filed for divorce.
6. The marriage is irretrievably broken.
7. Plaintiffhas been advised of the availability of counseling and of the right to
request that the court require the parties to participate in counseling. Plaintiff has chosen not to
engage in, or to request any counseling.
8. Defendant was a member of the Army Reserves for six (6) years, but has not
served long enough to have acquired any benefits subject to equitable division. Plaintiff was
never a member of the United States Military Services.
9. Plaintiff and Defendant have one (1) child from their marriage, EILENE
MEGHAN DECHENE, bom August 28, 2000.
COUNT I - REQUEST FOR NO-FAULT DIVORCE
UNDER SECTION 3301(c) OF THE DIVORCE CODE
10.
thereto.
11.
Paragraphs 1 through 9 of this Complaint are incorporated herein by reference
After ninety (90) days have elapsed from the date of filing this Complaint, Plaintiff
intends to file an Affidavit consenting to the divorce. Plaintiff believes Defendant may also file
such an affidavit.
WHEREFORE, if both parties file affidavits consenting to a divorce after ninety (90)
days have elapsed from the date of filing of this Complaint, Plaintiff, TRACY MICHELE
DECItENE, respectfully requests the court to enter a Decree of Divorce pursuant to Section
3301(c) of the Divorce Code.
COUNT II - REQUEST FOR EQUITABLE DISTRIBUTION OF
MARITAL PROPERTY UNDER SECTION 3502(a) OF THE DIVORCE CODE
12.
thereto.
Paragraphs 1 through 11 of this Complaint are incorporated herein by reference
13. The Plaintiff requests the Court to equitably divide, distribute or assign the marital
property between the parties without regard to marital misconduct in such proportion as the Court
deems just after consideration of all relevant factors.
WHEREFORE, Plaintiff, TRACY MICHELE DECHENE, respectfully requests the
Court to enter an order of equitable distribution of marital property pursuant to Section 3502(a)
of the Divorce Code.
COUNT III - REQUEST FOR SPOUSAL SUPPORT AND/OR AI~IMONY
UNDER SECTIONS 3701(a) and 3702 OF THE DIVORCE CODE
14.
thereto.
15.
16.
Paragraphs 1 through 13 of this Complaint are incorporated herein by reference
Plaintiff is unable to sustain herself during the course of litigation.
Plaintiff lacks sufficient property to provide for her reasonable needs and is
unable to sustain herself through appropriate employment.
17. Plaintiff requests the Court to enter an award of spousal support until final hearing
and thereupon to enter an order of alimony in her favor pursuant to Sections 3701(a) and 3702 of
the Divorce Code.
WHEREFORE, Plaintiff, TRACY MICHELE DECHENE, respectfully requests the
Court to enter an award of spousal support until final hearing and thereupon to enter an order of
alimony in her favor pursuant to Sections 3701(a) and 3702 of the Divorce Code.
COUNT IV - REQUEST FOR CONFIRMATION OF CUSTODY
UNDER SECTIONS 3104{a)(2) and 3323(b) OF THE DIVORCE CODE
18. Paragraphs 1 through 17 of this Complaint are incorporated herein by reference
thereto.
19.
and Defendant:
NAME AGE SEX
EILENE MEGHAN DECHENE 2 Years Female
The parties are the parents of the following child who resides with the Plaintiff
DATE OF BIRTH
August 28, 2000
20.
addresses herein indicated:
WITH WHOM
Plaintiff and Defendant
During the past two (2) years the child has resided with the parties and at the
ADDRESS
2497 Cope Drive
Mechanicsburg, PA
FROM / TO
Birth to Present
21. Plaintiff has not participated in any other litigation concerning the child in this or
any other state.
22. There are no other proceedings pending involving custody of the child in this or
any other state.
23. Plaintiff knows of no person not a party to these proceedings who has physical
custody of the child or who claims to have custody, partial custody or visitation rights with
respect to the child.
24. The best interests of the child will be served if Plaintiff and Defendant Share
Legal Custody and Plaintiff has Primary Physical Custody with Defendant having Partial
Physical Custody of their child.
WHEREFORE, Plaintiff, TRACY MICItELE DECItENE, respectfully requests that,
pursuant to Sections 3104(a)(2) and 3323(b) of the Divorce Code, the Court enter an order
confirming Shared Legal Custody between Plaintiff and Defendant, with Plaintiff, TRACY
MICItELE DECHENE, having Primary Physical Custody and Defendant, PATRICK
WILLIAM DECHENE, having Partial Physical Custody of the parties' minor child, EILENE
MEGHAN DECHENE.
Respectfully submitted,
Dated: October [[ , 2002
LAW FIRM OF SUSAN KAY CANDIELLO, P.C.
~g-hTan K~Cand~ >~,fl--
Counsel for Plain~ c
PA I.D. # 64998
5021 East Trindle R aa*
Suitel00
Mechanicsburg PA 17050
(717) 796-1930
VERIFICATION
The undersigned hereby verifies that the facts averred in the foregoing document are tree
and correct to the best of her knowledge, information, and belief. This verification is made
subject to the penalties of 18 Pa. C.S.A. {}4904 relating to unswom falsification to authorities.
ICIICHELE D'E'~HENE
SHERIFF'S RETURN -
CASE NO: 2001-04989 P
COMMONWEALTH OF PENNSLYVANIA
COUNTY OF CUMBERLAND
GARNISHEE
MILLER ORAL SURGERY
VS
MALLETT CHARLES C
And now GERALD WORTHINGTON ,Sheriff or Deputy Sheriff of
Cumberland County of Pennsylvania, who being duly sworn according
to law, at 1528:00 Hours, on the 15th day of October 2002, attached
as herein commanded all goods, chattels, rights, debts, credits, and
moneys of the within named DEFENDA~NT
MALLETT CHARLES C
hands, possession,
WAYPOINT BANK
or control of the within named Garnishee
in the
17 WEST HIGH STREET
CARLISLE, PA 17013
Cumberland County, Pennsylvania, by handing to
TINA MCCOMMON, OPERATIONS SUPERVISOR
personally three copies of interogatories together with THREE true
and attested copies of the within WRIT OF EXECUTION and made
the contents there of known to Her
Sheriff's Costs:
Docketing .00
Service .00
Affidavit .00
Surcharge .00
.00
.00
R. Thomas Kline
Sheriff of Cumberland County
oo/oo/oooo
Sworn and subscribed to before me
this ~1.~ day of~6~
~0~k~ A.D.
PrOthonotary
Deputy S ~e~r i f f
TRACY MICHELE DECHENE
PLAINTIFF
Vo
PATRICK WILLIAM DECHENE
DEFENDANT
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
:
: 02-4989 CIVIL ACTION LAW
:
IN CUSTODY
:
ORDER OF COURT
AND NOW, Wednesday, October 23, 2002 , upon consideration of the attached Complaint,
it is hereby directed that parties and their respective counsel appear before Dawn S. Sunday, Esq. , the conciliator,
at 39 West Main Street, Mechaniesburg, PA 17055 on Tuesday, November 12, 2002 at 8:30 AM
for a Pre-Hearing Custody Conference. At such conference, an effort will be made to resolve the issues in dispute; or
if this cannot be accomplished, to define and narrow the issues to be heard by the court, and to enter into a temporary
order. All children age five or older may also be present at the conference. Failure to appear at the conference may
provide grounds for entry of a temporary or permanent order.
The court hereby directs the parties to furnish any and all existing Protection from Abuse orders,
Special Relief orders, and Custody orders to the conciliator 48 hours prior to scheduled hearing.
FOR THE COURT,
By: /s/
Dawn S. Sunday. Esa. ~
Custody Concil~iator ' U
The Court of Common Pleas of Cumberland County is required by law to comply with the Americans
with Disabilites Act of 1990. For information about accessible facilities and reasonable accommodations
available to disabled individuals having business before the court, please contact our office. All arrangements
must be made at least 72 hours prior to any hearing or business before the court. You must attend the
scheduled conference or hearing.
YOU SHOULD TAKE THIS PAPER TO YOUR ATTORNEY AT ONCE. IF YOU DO NOT
HAVE AN ATTORNEY OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET
FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP.
Cumberland County Bar Association
2 Liberty Avenue
Carlisle, Pennsylvania 17013
Telephone (717) 249-3166
TRACY MICHELE DECHENE,
PLAINTIFF
VS.
PATRICK WILLIAM DECHENE,
DEFENDANT
: IN THE COURT OF COMMON PLEAS
: OF CUMBERLAND COUNTY,
: PENNSYLVANIA
: NO. 02-4989 CIVIL TERM
:
: CIVIL ACTION - LAW
: ACTION FOR DIVORCE / CUSTODY
ACCEPTANCE OF SERVICF,
TO THE PROTHONOTARY:
I hereby accept service of the Complaint for No-Fault Divorce Under Section 3301(c) of
the Divorce Code, in the above matter.
Respectfully submitted,
Dated: //' ~' ,2002
I~TRICK WILLIAM DELHENE,
Defendant
NOV ] 8 ZOO? ~
TRACY MICHELE DECHENE,
Plaintiff
VS.
PATRICK WILLIAM DECHENE,
Defendant
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 02-4989 CIVIL TERM
CIVIL ACTION - LAW
IN CUSTODY
ORDER OF COURT
AND NOW, this 12th day of November, 2002, the Conciliator, being advised by
Plaintiff's counsel that all custody issues have been resolved by agreement of the parties, hereby
relinquishes jurisdiction. The Custody Conciliation Conference scheduled for November 13, 2002 is
canceled.
FOR THE COURT,
Custody Conciliator
TRACY MICHELE DECHENE,
PLAINTIFF
V$o
PATRICK WILLIAM DECHENE,
DEFENDANT
: IN THE COURT OF COMMON PLEAS
: OF CUMBERLAND COUNTY,
: PENNSYLVANIA
: NO. 02-4989 CIVIL TERM
:
: CIVIL ACTION - LAW
: ACTION FOR DIVORCE / CUSTODY
STIPULATION FOR AGREED ORDER OF CUSTODY
The Plaintiff (hereinafter sometimes referred to as "Mother") is TRACY MICHELE
DeCHENE, who currently resides at 2497 Cope Drive, Mechanicsburg, Cumberland County,
Pennsylvania, 17055.
The Defendant (hereinafter sometimes referred to as "Father") is PATRICK WILLIAM
DeCHENE, who currently resides at 4607 Brian Road, Mechanicsburg, Cumberland County,
Pennsylvania, 17050.
EILENE MEGHAN DeCHENE (hereinafter sometimes referred to as "Eilene"), born
on August 28, 2000, is the subject of this Stipulation for Agreed Order of Custody.
It is Plaintiff and Defendant's belief that it is in the best interests of their minor child to
have a meaningful ongoing relationship with both her natural Mother and natural Father,
provided the child is in a safe environment.
WHEREFORE, Plaintiff, TRACY MICHELE DeCHENE, and Defendant, PATRICK
WILLIAM DeCHENE, have entered into a mutual agreement regarding the custody of their
child and respectfully request this Honorable Court to enter the following Order:
1. Plaintiff and Defendant shall share Legal Custody (as defined in 23 Pa.C.S.A. Section
5302) of their minor child, EILENE MEGHAN DECHENE.
2. All decisions affecting their daughter's growth and development including, but not
limited to: choice of camp, if any; choice of day care provider; medical and dental treatment;
psychotherapy, psychoanalysis, or like treatment; decisions relating to actual or potential
litigation involving their daughter, directly or as beneficiary, other than custody litigation;
education, both secular and religious; scholastic athletic pursuits and other extracurricular
activities shall be considered major decisions and shall be made by Father and Mother, jointly,
after discussion and consultation with each other and with a view towards obtaining and
following a harmonious policy in their daughter's best interest.
3. Mother and Father agree to keep the other informed of the progress of their
daughter's education and social adjustments. Mother and Father agree not to impair the other's
right to shared legal or physical custody of their daughter. Mother and Father agree to give
support to the other in the role as parent and to take into account the consensus of the other for
the physical and emotional well-being of their daughter.
4. While in the presence of their daughter, neither Mother nor Father shall make, or
permit any other person to make, any remarks or do anything which could in any way be
construed as derogatory or uncomplimentary to the other parent. It shall be the express duty of
each parent to uphold the other parent as one whom their daughter should respect and love.
5. It shall be the obligation of each parent to make their daughter available to the other
in accordance with the physical custody schedule and to encourage their daughter to participate
in the plan hereby agreed and ordered.
6. Each parent shall have the duty to notify the other of any event or activity that could
reasonably be expected to be of significant concern to the other parent.
7. With regard to any emergency decisions which must be made, the parent with whom
Eilene is physically residing at the time shall be permitted to make the decision necessitated by
the emergency without consulting the other parent in advance. However, that parent shall inform
the other of the emergency and consult with him or her as soon as possible. Day-to-day
decisions of a routine nature shall be the responsibility of the parent having physical custody at
the time.
8. Mother and Father shall be entitled to complete and full information from any doctor,
dentist, teacher or authority and have copies of any reports given to them as a parent. Such
documents include, but are not limited to, medical reports, academic and school report cards,
birth certificates, etc. Both parents may and are encouraged to attend school conferences and
activities. Both parents' names shall be listed with the school their daughter attends as parents to
be contacted in the event of an emergency, and to be notified regarding school events. Each
party shall provide the other, promptly after receipt, with copies of report cards and notification
of major school events
9. Neither Mother nor Father shall schedule activities or appointments for their daughter
which would require their attendance or participation at said activity or appointment during a
time when their daughter is scheduled to be in the physical custody of the other parent without
that parent's express prior approval.
10. Plaintiff and Defendant shall Share Primary Physical Custody of their minor child,
Eilene Meghan DeChene, according to the following schedule:
A. Father shall have physical custody of Eilene during the average work
week, on any days or evenings Monday through Thursday, when Father is off
work. Father must provide Mother with a minimum of twenty-four (24) hours
notice of his request for a visit;
B. Mother and Father shall alternate weekends. Weekends shall begin
Friday evening at 8:00 p.m. through Sunday evening at 7:00 p.m. Father may
request to extend his weekend through Monday evening at 7:00 p.m. If Father
extends his weekend, Mother may request a visit with Eilene on Sunday for two
(2) hours;
C. The parties shall alternate the following holidays. Father shall have
the odd numbered holidays and Mother the even numbered holidays in the odd
numbered years, to alternate annually thereafter:
1) New Year's Eve and Day (this holiday shall be determined by the year
in which the New Year's Eve occurs);
2) Easter;
3) Memorial Day;
4) Independence Day (this day may be extended later in the evening to
attend fireworks);
5) Labor Day;
6) Thanksgiving Day.
D. Mother and Father shall alternate Christmas with Mother getting
Schedule B in the odd numbered years and Father getting Schedule A in the odd
numbered years, to alternate annually thereafter.
A. To begin Christmas Eve at 6:00 p.m. through Christmas
Day at 12:00 p.m.
B. To begin Christmas Day at 12:00 p.m. through
December 26 at 6:00 p.m.
E. Father shall have his daughter on Father's Day and Mother shall have
her daughter on Mother's Day;
F. During all holidays, visitation shall extend from 5:00 p.m. the evening
before the special custody period through 8:00 p.m. the evening of the holiday;
G. Mother and Father shall each have the option of requesting one to two
(1-2) non-consecutive weeks of vacation during the year with their daughter,
providing a minimum of thirty (30) days' notice of the time requested is given to
the other party;
H. The parties are encouraged to discuss and cooperate with each other
when sharing and making requests for changes in periods of visitation. All
permanent changes in periods of custody from those contained in this custody
agreement shall be made in writing and signed by both parties;
I. All holidays, vacations, and specially designated times for visitation
with their daughter shall supersede the regularly scheduled visitation.
11. Mother shall have the responsibility of making all arrangements for child care for
Eilene; however, Mother and Father shall jointly make all decisions regarding day care for
Eilene and Mother shall provide Father with all necessary information regarding the child
caregiver.
12. Mother and Father agree to contact each other in a timely manner to give each
other "Right of First Refusal" for any time when they will not be with their daughter for more
than four (4) hours.
13. The parent with physical custody of their daughter agrees to keep the other parent
fully aware and informed of any successes, difficulties, activities, emergencies, etc., in which
their daughter has become involved.
14. Mother and Father agree to provide each other with current information regarding
their daughter. Mother and Father also agree to have each other listed as an emergency contact
with any adult and/or agency their daughter interacts with.
15. Mother and Father agree to be responsible for any ordinary everyday expenses
which occur during their individual custody periods with their daughter.
16. The parent with the best and most affordable medical, dental and vision insurance
shall provide insurance for their daughter. At this time Mother shall provide medical, dental and
vision insurance for Eilene. Mother and Father agree to equally (50/50) be responsible for
Eilene's uncovered medical, psychological, dental, orthodontia and vision expenses.
17. Father agrees to pay for One Hundred Percent (100%) of Eilene's child care
expenses, so long as Eilene requires child care. Father also agrees to pay Four Hundred Dollars
and No Cents ($400.00) monthly to Mother for child support. When Eilene no longer requires
child care, Father agrees to increase the child support he is paying to Mother in an amount the
parties shall agree upon or, if the parties are not able to agree, Father shall pay child support to
Mother in accordance with Domestic Relations guidelines under Pennsylvania Law in effect at
that time.
18. Mother and Father agree to equally (50/50) share the responsibility for all of
Eilene's clothing, activities and special events, and all other extraordinary expenses beyond
ordinary everyday expenses.
19. At any time either parent shall take Eilene to a different location overnight, that
party shall provide the other party with the location where Eilene will be and a telephone number
to be able to speak with her.
20. Mother and Father agree to cooperate and discuss with each other and their
daughter, her educational goals after graduation from high school. When everyone has agreed
upon mutual goals for Eilene's education, Mother and Father agree they will each be equally
(50/50) responsible for educational expenses incurred in their daughter obtaining the educational
goals agreed upon by all parties.
21. Mother and Father agree to alternate annually the income tax exemption for their
daughter, with Mother having the benefit of the income tax exemption in the even numbered
years, beginning in 2002, and Father to have the benefit of the exemption in the odd numbered
years. For the purpose of implementing this paragraph, both parties agree they will sign and
deliver to the other party the IRS Form No. 8332 on or before January 31 in the year following
the year for which the tax deduction is requested.
22. Mother and Father shall be free to mutually agree to alter and/or change the terms
of this agreement. If the alteration and/or agreement is permanent and/or a change which will
occur on numerous occasions, the parties agree the alteration and/or change shall be in writing
and signed by both parents. ~ .-~,~'~-- ~ ,~ /"~ ~-~,~?
/ IT Ss -- -
t~P'ATRICK WILLIAM DeCHENE
COMMONWEALTH OF PENNSYLVANIA :
:
COUNTY OF CUMBERLAND :
SS:
On this, the c/4-~ day of ~ ,2003, before me, a Notary Public
for the Commonwealth of Pennsylvania, the undersigned officer, personally appeared TRACY
MICHELE DeCHENE known to me (or satisfactorily proven) to be the person whose name is
subscribed to the within Stipulation for Agreed Order of Custody, and acknowledged that she
executed the same for the purpose therein contained.
IN WITNESS WHEREOF, I have set my hand and notarial seal.
Notary Public ~ v
My Commission Expires: C~ q)~_.55~
Notarial Seal
Kimberly R. Hanford, Notary Public
Mechanicsburg Bore, Cumberland County
My Commission Expires Apr. 4, 2005
COMMONWEALTH OF PENNSYLVANIA :
:
COUNTY OF CUMBERLAND :
SS:
On this, the c~l3x- day of. ~-.~.~ , 2003, before me, a Notary
Public for the Commonwealth of Pennsylvania, the unSersigned officer, personally appeared
PATRICK WILLIAM DeCHENE known to me (or satisfactorily proven) to be the person
whose name is subscribed to the within Stipulation for Agreed Order of Custody, and
acknowledged that he executed the same for the purpose therein contained.
IN WITNESS WHEREOF, I have set my hand and notarial seal.
8
Notary Public ~
My Commission Expires: C~ t{ ~c~C~-
Notarial Seal
Kimbedy R. Hanford, Notary Public
Mechanicsburg Bore, Cumberland County
I¥1y Commission Expires Apr. 4, 2005
TRACY MICHELE DECHENE,
PLAINTIFF
VS.
PATRICK WILLIAM DECHENE,
DEFENDANT
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY,
PENNSYLVANIA
NO. 02-4989 CIVIL TERM
CIVIL ACTION - LAW
ACTION FOR DIVORCE / CUSTODY
ORDER OF COURT
AND NOW, this 0~ day of ~, 2003, upon consideration of the
attached Stipulation for Agreed Order of Custody, Plaintiff, TRACY MICHELE DeCHENE,
and Defendant, PATRICK WILLIAM DeCHENE, shall SHARE LEGAL CUSTODY and
Plaintiff, TRACY MICHELE DeCHENE, and Defendant, PATRICK WILLIAM
DeCHENE, shall SHARE PHYSICAL CUSTODY of the minor child, EILENE MEGHAN
DeCHENE, in accordance with the language contained in the within Stipulation.
THE RT,
Jo
TRACY MICHELE DECHENE,
VS.
PATRICK WILLIAM DECHENE,
DEFENDANT
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY,
PENNSYLVANIA
NO. 02-4989 CIVIL TERM
CIVIL ACTION - LAW
ACTION FOR DIVORCE / CUSTODY
AFFIDAVIT OF CONSENT
1. A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed on
October 15, 2002.
2. The marriage between the 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 final Decree in Divorce, after the service of notice of
intention to request entry of the decree.
4. I understand that if a claim for alimony, alimony pendente lite, equitable distribution
of marital property, counsel fees or expenses has not been filed with the Court before the entry of
a final Decree in Divorce, the right to claim any of them will be lost.
5. I have been advised of the availability of marriage counseling, and understand that I
may request that the Court require that my spouse and I participate in counseling. I further
understand that the Court maintains a list of marriage counselors in the Prothonotary's Office,
which list is available to me upon request. Being so advised, I do not request that the Court
require that my spouse and I participate in counseling prior to a divorce decree being handed
down by the Court.
I verify that the Statements in this Affidavit are true and corf,~t. I understand that false
statements herein are made subject to the penalties of 18 Pa. C.S./8e~ion 4904, relating to
unsworn falsification to authorities.~5~/t~/~, ~
DATE ~'i'RICK WILLIA~q~eCHENE
TRACY MICHELE DECHENE,
VS.
PATRICK WILLIAM DECHENE,
DEFENDANT
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY,
PENNSYLVANIA
NO. 02-4989 CIVIL TERM
CIVIL ACTION - LAW
ACTION FOR DIVORCE / CUSTODY
WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A
DIVORCE DECREE UNDER SECTION 3301(c) OF 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 filed 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.
unsworn falsification to authorities.
8 P~/~Section 4904ffelating to
TRACY MICHELE DECHENE,
VS.
PATRICK WILLIAM DECHENE,
DEFENDANT
: IN THE COURT OF COMMON PLEAS
: OF CUMBERLAND COUNTY,
: PENNSYLVANIA
:
: NO. 02-4989 CIVIL TERM
:
: CIVIL ACTION - LAW
: ACTION FOR DIVORCE / CUSTODY
AFFIDAVIT OF CONSENT
1. A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed on
October 15, 2002.
2. The marriage between the 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 final Decree in Divorce, after the service of notice of
intention to request entry of the decree.
4. I understand that if a claim for alimony, alimony pendente lite, equitable distribution
of marital property, counsel fees or expenses has not been filed with the Court before the entry of
a final Decree in Divorce, the right to claim any of them will be lost.
5. I have been advised of the availability of marriage counseling, and understand that I
may request that the Court require that my spouse and I participate in counseling. I further
understand that the Court maintains a list of marriage counselors in the Prothonotary's Office,
which list is available to me upon request. Being so advised, I do not request that the Court
require that my spouse and I participate in counseling prior to a divorce decree being handed
down by the Court.
I verify that the Statements 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 falsification to authorities.
~.___.TR~q/M'IL~HELE DeCHENE
DATE
TRACY MICHELE DECHENE,
VS.
PATRICK WILLIAM DECHENE,
DEFENDANT
: IN THE COURT OF COMMON PLEAS
: OF CUMBERLAND COUNTY,
: PENNSYLVANIA
:
: NO. 02-4989 CIVIL TERM
:
: CIVIL ACTION - LAW
: ACTION FOR DIVORCE / CUSTODY
WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A
DIVORCE DECREE UNDER SECTION 3301(c) OF 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 filed 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. Section 4904 relating to
unsworn falsification to authorities.
DATE~ !
[ TRA~ MI~'E"DeCHENE
TRACY MICHELE DECHENE,
PLAINTIFF
VS.
PATRICK WILLIAM DECHENE,
DEFENDANT
: IN THE COURT OF COMMON PLEAS
: OF CUMBERLAND COUNTY,
: PENNSYLVANIA
:
: NO. 02-4989 CIVIL TERM
:
: CIVIL ACTION - LAW
: ACTION FOR DIVORCE / CUSTODY
PRAECIPE TO TRANSMIT RECORD
To the Prothonotary:
Please transmit the record, together with the following information, to the Court for entry
of a divorce decree:
1. Ground for divorce: Irretrievable breakdown under Section 3301(c) of the Divorce
Code.
o
Date and manner of service of Complaint: The Defendant, Patrick William DeChene,
signed the Acceptance of Service on November 6, 2002. Said Acceptance of Service
was filed with the Cumberland County Prothonotary on November 15, 2002.
Date of execution of the Affidavit of Consent required by Section 3301(c) of the
Divorce Code by:
Plaintiff: March 4, 2003
Defendant: February 21, 2003
4. (a) Related claims pending: None
(b)
(c)
Claims withdrawn: None
Claims settled by agreement of the parties: All claims
(d) Please see the Marital Property Settlement Agreement which is being filed
simultaneously with this Praecipe to Transmit Record and is to be incorporated but
not merged into the Divorce Decree.
5. I certify that the Waiver of Notice of Intention to Request Entry of a Divorce Decree
Under Section 3301(c) of Divorce Code, as required by Rule 1920.42(e)(1), was
executed on March 4, 2003 by the Plaintiff and on iFebruary 21, 2003 by the
Defendant, and that these documents are being filed simultaneously with this Praecipe
to Transmit Record. I further certify that all other documents required by Rule
1920.42 are enclosed herewith.
Dated:
March
,2003
Respectfully subrnitted,
LAW FIRM OF SUSAN KAY CANDIELLO, P.C.
Susan Kay Gm, Ill.Esquire
Counsel for Plaintiff]
PA I.D. # 64998~-~
5021 East Trindle Road
Suite 100
Mechanicsburg PA 17050
(717) 796-1930
MARITAL PROPERTY SETTLEMENT AGREEMENT
THIS AGREEMENT is entered into this ~+~x day of ~O2~a,~ ,2003, by and
between TRACY MICHELE DECHENE and PATRICK WILLIAM DECHENE.
RECITALS
Wife's Birthday and Social Security Number:
September 14, 1970 171-66-9067
Husband's Birthday and Social Security Number:
July 13, 1968
165-62-2779
Date of Marriage:
January 5, 1996
Place of Marriage:
Mount Joy, PA
Last Marital Residence: 2497 Cope Drive, Mechanicsburg, Cumberland County, PA 17055
Date of Separation:
November 1, 2002
Children:
EILENE MEGHAN DeCHENE, born on August 28, 2000
Pending Court Proceedings: None
Divorce
Court of Common Pleas No. 02-4989 Civil Term
of Cumberland County, Pennsylvania
WHEREAS, diverse unhappy differences, disputes and difficulties have arisen between
the parties and it is the intention of Wife and Husband 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:
the ownership and equitable distribution of marital property; the past, present and future support,
and/or maintenance of Wife by Husband; 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 premises and 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:
PERSONAL RIGHTS
Wife and Husband may and shall, at all times hereafter, live separate and apart. They
shall be free from any contact, 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, carry on 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 at all times and at all locations,
including but not limited to each party's place of work, nor compel or attempt to compel the
other to cohabit or dwell by any means whatsoever with him or her.
WAIVER OF RIGHTS AND 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 benefits under the Pennsylvania Divorce Code of 1980, its
supplements and amendments, as well as under any other law of any other jurisdiction, except
and only except all rights, agreements and obligations 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 cf the United States, or any other
country. It is expressly understood, however, that neither 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 receive 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.
FINANCIAL DISCLOSURE
The parties have disclosed to each other and they are each aware of the extent of each
other's income, assets, liabilities, holdings and estate.
AGREEMENT TO BE INCORPORATED
BUT NOT MERGED INTO DIVORCE DECREE
In the event that either of the parties shall recover a final judgment or decree of absolute
divorce against the other in a court of competent jurisdiction, the provisions of this Agreement
may be incorporated by reference or in substance but shall not be deemed merged into such
judgment or decree. This agreement shall survive any such final judgment or decree of absolute
divorce, shall be entirely independent thereof, and the parties intend that all obligations
contained herein shall retain their contractual nature in any enforcement proceedings, whether
enforcement is sought in an action on the contract itself or in any enforcement action filed to the
divorce caption.
EFFECT OF DIVORCE DECREE ON AGREEMENT
Either party may enforce this Agreement as provided in Section 3105(a) of the Divorce
Code, as amended. As provided in Section 3105(c), provisions of this Agreement regarding
equitable distribution, alimony, alimony pendente lite, counsel fees or expenses shall not be
subject to modification by the court.
Concurrently with the execution of this Agreement, the parties shall sign Affidavits of
Consent and Waivers of Notice of Intention to Request Entry of Final Divorce Decree. Wife
shall be responsible for filing these documents and finalizing the divorce.
DATE OF EXECUTION
The "date of execution" or "execution date" of this Agreement shall be defined as the date
upon which it is executed by the parties if they have each executed the Agreement on the same
date. Otherwise, the "date of execution" or "execution date" o:f this Agreement shall be defined
as the date of execution by the party last executing this Agreement.
ADVICE OF COUNSEL
The provisions of this Agreement and their legal effect have been fully explained to the
parties by their respective counsel, Susan Kay Candiello, Esquire, for Wife. Husband has been
apprised of his need for counsel and has waived his right to counsel. (Please see Waiver of Right
to Counsel attached hereto and made a part hereof at Exhibit "A".) The parties acknowledge that
each has been advised of their right to obtain 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 of 1980, 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.
VOLUNTARY EXECUTION
Each party understands the terms and conditions of this Agreement and acknowledges
that the Agreement is fair and equitable. The parties have reached this Agreement freely and
voluntarily, without any duress, undue influence, collusion or improper or illegal agreements.
WAIVER OR MODIFICATION TO BE IN WRITING
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 child support or to custody shall be subject to modification by the Court upon a
showing of changed circumstances.
LAW OF PENNSYLVANIA APPLICABLE
This Agreement shall be construed in accordance with the laws of the Commonwealth of
Pennsylvania.
AGREEMENT BINDING ON HEIRS
Except as may otherwise be provided, this Agreement Shall be binding and shall inure to
the benefit of the parties hereto and their respective heirs, executors, administrators, successors
and assigns.
INTEGRATION
This Agreement constitutes the entire understanding of the parties and supersedes any
and all prior agreements and negotiations between them. There are no representations or
warranties other than those expressly set forth herein.
4
ADDITIONAL INSTRUMENTS
Wife and Husband covenant and agree that they will forthwith (and within at most ten
(10) days after demand therefor) execute any and all written instruments, assignments, releases,
satisfactions, deeds, notes or such other writings as may be necessary or desirable for the proper
effectuation of this Agreement.
NO WAIVER OF DEFAULT
This Agreement shall remain in full force and effect unless and until terminated under
and pursuant to the terms of this Agreement. The failure of either party to insist upon strict
performance of any of the provisions of this Agreement shall in no way affect the right of such
party hereafter to enforce the same, nor shall the waiver of any breach of any provision hereof be
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.
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, 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 any
one or more of the paragraphs herein, with the exception of the satisfaction of any conditions
precedent, shall in no way avoid or alter the remaining obligations of the parties.
MANNER OF GIVING NOTICE
Any notice required by this Agreement to be sent to Wife shall be sent by certified mail,
return receipt requested, to Susan Kay Candiello, Esquire, at the Law Firm of Susan Kay
Candiello, P.C., 5021 East Trindle Road, Mechanicsburg, Pennsylvania 17050, or such other
address as Wife from time to time may designate in writing.
Any notice required by this Agreement to be sent to Husband shall be sent by certified
mail, return receipt requested, to Patrick William DeChene at 4607 Brian Road, Mechanicsburg,
Pennsylvania, 17050, or such other address as Husband from time to time may designate in
writing.
HEADINGS NOT PART OF AGREEMENT
Any headings preceding the text of the several paragraphs and subparagraphs hereof are
inserted solely for convenience of reference and shall not constitute a part of this Agreement nor
shall they affect its meaning, construction or effect.
BANKRUPTCY OR REORGANIZATION PROCEEDINGS
In the event that either party becomes a debtor in any bankruptcy or financial
reorganization proceedings of any kind while any obligations remain to be performed by that
party for the benefit of the other party pursuant to the provisions of this Agreement, the debtor
spouse hereby waives, releases and relinquishes any right to claim any exemption (whether
granted under state or federal law) to any property remaining in the debtor as a defense to any
claim made pursuant hereto by the creditor-spouse, and the debtor-spouse hereby assigns,
transfers and conveys to the creditor-spouse an interest in all of the debtor's exempt 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 part), waives any and all right to assert
that any obligation hereunder is discharged or dischargeable.
EFFECT OF RECONCILIATION OR RECONCILIATION ATTEMPT
This Agreement shall remain in full force and effect ew~n if the parties reconcile, cohabit
as husband and wife, or attempt reconciliation. This Agreement shall continue in full force and
effect and there shall be no modification or waiver of any of the terms hereof unless the parties,
in writing, signed by both parties, execute a statement declaring this Agreement or any term of
this Agreement to be null and void.
EXISTING AND FUTURE PERSONAL OBLIGATIONS
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.
ENFORCEMENT
The parties intend that this Agreement shall be subject to enforcement under the
Pennsylvania Divorce Code of 1980, as amended, and that, notwithstanding any language herein
that may be construed to the contrary, this Agreement is not subject to modification except under
such terms as the parties have specifically provided for in this Agreement.
ENFORCEMENT OF SUPPORT AND ALIMONY PROVISIONS
The parties hereby agree that all of the support and alimony provisions contained in this
Agreement (including both direct and indirect contributions to support and alimony, such as
health care payments and the maintenance of health and/or life insurance) may be enforceable by
an action in support in accordance with Pennsylvania Rules of Civil Procedure 1910.1 et seq.
REMEDIES AND SANCTIONS
In addition 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.
ATTORNEY'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
breaching party will pay all attorney's fees incurred by the other party in enforcing the
Agreement, provided that the enforcing party is successful in establishing that a breach has
occurred.
EQUITABLE DISTRIBUTION
1. PERSONAL PROPERTY
Husband and Wife do hereby acknowledge that they have previously divided their
tangible personal property including, but without 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 either
may have with respect to the above items, which shall hereafter be the sole and exclusive
pr°perty°f~e°ther'c~.%~gx>v'tc~ ~h~q~' 12¢~~.1 ~~ ~~
7
2. MOTOR VEHICLES
With respect to the motor vehicles owned by one or both of the parties, they agree as
follows:
A. The 2003 Ford Expedition, titled jointly in Husband and Wife's names, shall hereafter
be the sole and exclusive property of Husband. Husband and Wife agree to cooperate in the
execution of all documents necessary to change the title to the vehicle to the name of the
Husband, alone. The loan on this vehicle is a joint loan in both Husband and Wife's names.
Husband agrees to refinance this vehicle solely in his name, as soon as he is financially able, but
no later than one (1) year from the date of the execution of this Agreement. Husband agrees to
be solely responsible for all taxes, insurance, liens and encumbrances upon this vehicle.
Husband may choose to sell this vehicle. Wife agrees to cooperate fully with Husband in any
sale of this vehicle.
B. The 1994 Volvo 960, titled jointly in Husband and Wife's names, shall hereafter be
the sole and exclusive property of Wife. Husband and Wife agree to cooperate in the execution
of all documents necessary to change the title to the vehicle to the name of the Wife, alone. The
loan on this vehicle is a joint loan in both Husband and Wife's names. Wife agrees to refinance
this vehicle solely in her name, as soon as she is financially able, but no later than one (1) year
from the date of the execution of this Agreement. Wife agrees to be solely responsible for all
taxes, insurance, liens and encumbrances upon this vehicle.
C. The parties agree to execute any documents necessary to effectuate the provisions of
this Paragraph on the execution date hereof, including Vehicl. e Sales and Use Tax Returns as
necessary to make any conveyances on a tax-free basis if possible. The said documents shall be
delivered to the party entitled to receive same pursuant hereto on execution date.
D. In the event that any documents of title to the said vehicles shall be in the hands of a
bank or other holder of a lien or encumbrance upon either of the said vehicles, and it is intended
that such vehicle be conveyed subject to the said lien or encumbrance, the parties agree that they
will advise the bank and/or lienholder as to the transfer of title and they further agree to execute
whatever documents may be required to transfer title where the parties' documents of title are in
the hands of such bank and/or lienholder.
3. BANK ACCOUNTS
The parties presently have joint checking and savings accounts with Members First
Bank. There is no or minimal monies in the savings account. The checking account is still being
used to pay for marital debts. Husband and Wife agree to close these savings and checking
accounts within thirty (30) days of the date of the execution of this Agreement, and divide any
remaining monies in each account, after all marital debt has been paid from these accounts,
equally (50/50) between them. The parties do hereby specifically waive, release, renounce and
forever abandon any claims which either may have with respect to these accounts. The funds
from these accounts shall hereafter be the sole and exclusive property of the party in possession
of them.
The parties agree that they will execute any documents necessary to effectuate the
provisions of this Paragraph on execution date.
4. RITE AID STOCK
Wife has several shares of Rite Aid Stock, in her name alone, with an uncertain value.
Husband hereby agrees to specifically release and waive any and all interest, claim or right he
may have in Wife's Rite Aid Stock.
5. LIFE INSURANCE
Husband and Wife each presently have a life insurance policy. Husband and Wife agree
to maintain these life insurance policies with each other as the trustee of the proceeds of the life
insurance policy to be held in trust for their daughter, Eilene.
6. RETIREMENT INTEREST
Husband Husband does not have any retirement interests.
Wife's 401k Wife has a 401k through her present employment. Husband hereby
agrees to specifically release and waive any and all interest, claim or right he may have in Wife's
401k.
7. HUSBAND'S BUSINESS "SALON DECHENE"
Husband owns a business, Salon DeChene, which
Husband.
is primarily the work effort of
Wife shares joint responsibility for the business loans, two (2) with Fulton Bank and one
(1) with Commerce Bank, which Husband and Wife obtained to finance Husband's business,
Salon DeChene. Husband agrees to take all necessary actions to refinance these business loans,
removing Wife's name from these three (3) loans, as soon as he is financially able, but no later
than one (1) year from the date of the execution of this Agreement.
Wife was a corporate officer in Husband's business, Salon DeChene. Husband has had
Wife removed as a corporate officer of Salon DeChene.
Wife waives any right, title and interest she may have or assert against "Salon DeChene",
Husband's business. Wife further agrees from the date of the execution of this Agreement, she
will not take any action, either directly or indirectly, to interfere with Husband's business.
Wife shall receive as her equity in Husband's business all of Husband's equity in the
marital residence.
Wife agrees to cooperate in the execution of any and all documents necessary to sign
over all right, title and interest in "Salon DeChene" to Husband and to remove her name from all
business loans. All such documents shall be executed no later than one (1) year from the date of
the execution of this Agreement.
8. MARITAL RESIDENCE / DIVISION OF EQUITY
Marital Residence/Value
Husband has agreed.
Wife has requested to keep the marital residence and
Husband shall receive as his equity in the marital residence all of Wife's equity in
Husband's business, "Salon DeChene".
Wife has refinanced the mortgage on the marital residence removing Husband's name.
Wife shall hereafter be responsible for all taxes, insurance, loans, liens, and mortgages on the
marital residence.
When Wife refinanced the marital residence, a new deed was prepared transferring all
Husband's right, title and interest in the marital residence to Wife. This deed has been recorded.
9. JOINT DEBTS AND LIABILITIES
The only joint debts incurred during the marriage and unsatisfied at the time of the
execution of this Agreement are as follows:
1)
Mortgage on the Marital Residence. Wife has refinanced the mortgage on the
marital residence removing Husband's name from the mortgage. Wife shall be
responsible for all mortgages, loans, liens, taxes, and insurance on the marital
residence.
2)
Business Loans The parties jointly have two (2) business loans with Fulton Bank
and one (1) business loan with Commerce Bank. These loans were obtained for the
purpose of starting Husband's business, "Salon DeChene". Husband agrees to
refinance all business loans for his business, "Salon DeChene", removing Wife's
name from all loans, and assuming sole responsibility for all loans, liens, taxes and
insurance affiliated with Husband's business, no later than one (1) year from the date
of the execution of this Agreement.
10
3) Vehicle Loans:
(a) Wife agrees to refinance the loan for the 1994 Volvo 960 in her sole name,
removing Husband's name from the loan and assume full responsibility for said loan, no
later than one (1) year from the date of the execution of' this Agreement.
(b) Husband agrees to refinance the loan fOr the 2003 Expedition in
his sole name, removing Wife's name from the loan and assume full
responsibility for said loan no later than one (1) year from the date of the
execution of this Agreement.
4) Other Joint Debts:
a) Culligan (approximately)
b) PNC account (approximately)
c) Consolidated Loan (approximately)
d) Home Equity Loan (approximately)
$ 800.00
4,000.00
24,000.00
17,744.00
TOTAL $ 46,544.00
Husband and Wife agree they will be equally (50/50) responsible for the above loans
which total Forty-Six Thousand Five Hundred Forty-Four Dollars and No Cents ($46,544.00).
Husband and Wife shall each be responsible for Twenty-Three 'Thousand Two Hundred Seventy-
Two Dollars and No Cents ($23,272.00). The parties further agree they will each make an equal
payment on these debts every month until their one-half (1/2) portion of these debts are paid in
full. Husband and Wife also agree, if either or both of them should obtain any bonuses or
additional income through their employment, they will make additional extra payments toward
paying their one-half (1/2) portion of these debts. Husband and Wife agree to share statements
of these accounts with each other and cooperate with each other in the mutual goal of getting
these debts paid in full.
Each party warrants to the other that he/she does not have any credit cards in joint names.
Any obligations incurred by either party in his or her individual name, whether incurred before
or after the parties' separation, and including credit cards, are the sole responsibility of the party
in whose name the debt or obligation was incurred.
10. SEPARATE ASSETS
A. Release: The parties hereby agree that as to each of their separate assets, as that term
is defined herein, the 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.
11
B. Limitation 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 to Expenses: Each of the parties 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.
11. AFTER-ACQUIRED PROPERTY
Each of the parties shall hereafter own and enjoy, independently of any claim or right of
the other, all items of property, be they real, 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.
12.
RELEASE OF SUPPORT AND ALIMONY /
ACKNOWLEDGMENT OF ADEQUACY
The parties herein acknowledge that by this Agreement they have each respectively
secured sufficient financial resources to provide for his or her own comfort, maintenance and
support. The parties do hereby acknowledge that inflation may increase or decrease, that their
respective incomes and assets may substantially increase in value, that either may be employed
at various times in the future, and that notwithstanding these or other economic circumstances,
which may be changes in circumstances of a substantial and continuing nature, the terms of this
Agreement are just and reasonable. Therefore, except for the provisions of this Agreement, the
parties hereby expressly waive, discharge and release any and all rights and claims which they
may now or hereafter have, by reason of the parties' marriage, to alimony, alimony pendente lite,
support or maintenance, and they further release any rights they may have to seek modification
of the terms of this Agreement in a court of law or equity, it being understood that the foregoing
constitutes a final determination for all time of either party's obligation to contribute to the
support and maintenance of the other. It shall be, from the execution date of this Agreement, the
sole responsibility of each of the respective parties to sustain themselves without seeking any
support from the other party.
12
13. INCOME TAX RETURNS
The parties agree to file a joint income tax return for the year 2002. If there are any taxes
due and owing for the year 2002 which can be directly traced to either Husband or Wife, that
party shall be responsible for paying those taxes. If there are taxes due and owing which are
joint taxes not attributable to either Husband or Wife, the parties shall be equally (50/50)
responsible for those taxes. If there are any income tax refunds from the tax year 2002, the
parties agree to equally (50/50) divide any income tax refunds.
Husband and Wife have filed joint income tax returns while married. If the parties are
entitled to a refund and/or incur any liability as a result of joint income tax returns filed during
the parties' marriage, the refund and/or the liability shall be equally divided between them. The
cost of preparing and handling any prior income tax return from the parties' married years shall
be shared equally between them. Husband and Wife agree to promptly make available to each
other all records and information necessary or helpful for the preparation of any tax returns, any
claim for refunds, and defense of any tax audit.
14. COUNSEL FEES AND EXPENSES
Husband and Wife agree they will share equally (50/50) all counsel fees and expenses
incurred in connection with the parties' marital dissolution, chiM custody and support.
Each of the parties has carefully read and fully considered this Agreement and all of
the statements, terms, conditions and provisions thereof prior to signing below.
IN WITNESS WHEREOF, intending to be legally bound hereby, the parties hereto
have set their hands and seals the day and year first written above.
k_2xct i~II~'~E~E-DeCHENE
I~TRICK WILLIAM De"~'CI~ENE
HUSBAND
13
COMMONWEALTH OF PENNSYLVANIA :
: SS:
COUNTY OF CUMBERLAND :
On this, the c~ day of ~~ ,2003, before me, a Notary Public
for the Commonwealth of Pennsylvania, the undersigned officer, personally appeared TRACY
MICHELE DeCI-IENE known to me (or satisfactorily proven) to be the person whose name is
subscribed to the within Marital Property Settlement Agreement, and acknowledged that she
executed the same for the purpose therein contained.
IN WITNESS WHEREOF, I have set my hand and notarial seal.
Notary Public
My Comrnission Expires:Ct~
Notarial Seal
Kimbedy R. Hanford, Notary Public
Mechanicsburg Bore Cumberland Count7
M]~ Commission Expires Apr. 4, 2005
COMMONWEALTH OF PENNSYLVANIA :
: SS:
COUNTY OF CUMBERLAND :
On this, the c~ l3'~- day of F~,.k.C~%~, ,2003, before me, a Notary Public
for the Commonwea~h' ~-~'-Pennsylvania, the undersighed officer, personally appeared
PATRICK WILLIAM DeCHENE known to me (or satisfactorily proven) to be the person
whose name is subscribed to the within Marital Property Settlement Agreement, and
acknowledged that he executed the same for the purpose therein contained.
IN WITNESS WHEREOF, I have set my hand and notarial seal.
Notary Public o
My Commission Expires:
Notarial Seal
Kimberly R Hartford, Notary Publio
Mechanicsburg~ . Bom, Cumbedan. d County
k, y Comm ss~on Expires Apr. 4, 2005
14
TRACY MICHELE DECHENE,
VS.
PATRICK WILLIAM DECHENE,
DEFENDANT
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY,
PENNSYLVANIA
NO. 02-4989 CIVIL TERM
CIVIL ACTION - LAW
ACTION FOR DIVORCE / CUSTODY
WAIVER OF RIGHT TO COUNSEL FOR
MARITAL PROPERTY SETTLEMENT AGREEMENT
I, PATRICK WILLIAM DeCHENE, do hereby acknowledge that I am the Husband in this
divorce action.
I have agreed to and executed the attached Marital Property .Settlement Agreement voluntarily. I
am not under any duress, nor were there any threats or promises made to me to coerce my execution of
this Agreement.
I fully understand my property rights as Husband in this divorce action are determined by this
Marital Property Settlement Agreement. I agree to fulfill my responsibilities and obligations under this
Marital Property Settlement Agreement.
I have been advised of and do hereby waive y rights to a~3~fttql'ney to repres.~g me on the issue
of the Marital Property Settlement Agreement.tS?Q/tS~ ~~L~ ~/~//~
Date: ~/ ,2003
~1~ [2k"~[rq I LLIAI(8-15e C I-I E NE
COMMONWEALTH OF PENNSYLVANIA :
: SS:
COUNTY OF CUMBERLAND :
Onthis, the o)134-, dayof ~ _a~_k3.~x~2~. ,2003, beforeme, a Notary eublic for the
Commonwealth of Pennsylvania, the undersigned offic'~r, personally appeared PATRICK WILLIAM
DeCItENE known to me (or satisfactorily proven) to be the person whose name is subscribed to the
within Waiver of Right to Counsel for Marital Property Settlement Agreement, and acknowledged that he
executed the same for the purpose therein contained.
IN WITNESS WHEREOF, I have set my hand and notarial seal.
Notary Public
My Commission Expires: C~ c[ ~
....... Notarial Seal
Kimbedy R. Hanford, Notary Public
Mechanicsbur§ Boro, Cumberland County
My Commission Expires Apr. 4, 2005
EXHIBIT "A"
iN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY
STATE OF,~1~._ IF'ENNA.
VERSUS
PATRICK WTT,T,TAI~
DEFEN/)ANT
NO. 02-4989 CIVIL TERM
AND NOW,__
DEcree IN
DIVORCE
~-}4~ , IT IS ORDERED AND
DECREED THAT
, PLAINTIFf,
AN D PATRICK WILLIAMD2L~"NE
, DEFENDANT,
ARE DIVORCED fROM THE BONDS OF MATRIMONY.
THE COURT RETAINS JURISDICTION OF THE FOLLOWING CLAIMS WHICH HAVE
BEEN RAISED OF RECORD IN THIS ACTION FOR WHICH A FINAL ORDER HAS NOT
YET BEEN ENTERED;
ATTEST: ~ J.
PROTHONOTARY
1 I
JUN 0 ~ 201Q
1KAC;Y MICHELE BESSELMAN, : IN THE COURT OF COMMON PLEAS
Formerly TRACY MICHELE :CUMBERLAND COUNTY, PENNSYLVANIA
DECHENE,
Plaintiff No. 02-4989 CIVIL TERM
v.
PATRICK WILLIAM DECHENE, :CIVIL ACTION -LAW
Defendant IN CUSTODY
ORDER
AND NOW, upon consideration of the Stipulation to Modify the March 10, 2003
Order of Custody, it is hereby ORDERED that the attached Stipulation is approved and
adopted as an Order of this Court.
Distribution:
Richard B. Druby, Esquire, 840 East Chocolate Avenue, Hershey, PA 17033
/ Patrick Dechene, 1103 Limerick Court, Hummelstown, PA 17036
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