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HomeMy WebLinkAbout96-05413 J ~ ~ t! " :..... 11 ( I ! ! i i i , - o. .:) - .., ..... ~ -" .' .f ..) 0- ~ . ..... ~...- ~ . .:.:. .:<<. .:<<. .:c. .:.:. .:.:. .:.:. .:c. -:c. .:.:. .:c. .:<<. .:.:. .:.:. .:.:. .:.:. .:.:. .:.:. .:.:. .:.:- :":.:'~>:.:'C':'}:":.:'.,.:.} .:.:. .:.;..:c-.:.:.,c.;. W' --------.-- ~ '.'( ~ ./ ~i . \ wi '.', ~) "'1 ~( ~I IN THE COURT OF COMMON PLEAS s OF CUMBERLAND COUNTY If- STATE OF . PENNA. i;E ~~ ., . i ~( , ~l Mr '/ S~ ~! . i . , ~) i ~; GREGORY T. FRYE, Plaintiff i\: (). 54.13n ,CIVIL.. 19 96 \''''1".:'11-"' KIMBERLY J. FRYE, Defendant ~~ ~. . i ~. ~ DECREE IN DIVORCE ~. ~ ~. AND NOW, . .Dec.('~iDcJ . If) . 19" it is ordered and " ~ ~ ~ ~ ~ ~ ~ ~ ~ !II ~ If ~ " GREGORY T. FRYE . . . .. plaintiff, . defendant. decreed that KIMBERLY J. FRYE and are divorced from the bonds of matrimony. The court retains jurisdiction of the following claims which have been raised of record in this oction for which a final order has not yet been entered: THE PARTIES MARITAL SETTLEMENT AGREEMENT DATED SEPTEMBER 17. IS INCORPORATED HEREIN AS A FINAL ORDER OF COURT. j( .wP''''hn'''':Af . . ~ . . 8 ~ 8 e ~ 8 ~ e 8 ~ 8 8 8 (8 l ., ii I: I' is .~ S 8 ;8 :- \8 '. .~ :8 a 1I 1997 ~ ~ ~ ~ ~ J ~ ~ " . II . . . ~' . . . w << , . . . , .~. . . ,. . ~ ~ . ~ carry on and engage in any business, occupation, profession or employment which to her or him may seem advisable. This provision shall not be taken, however, to be an admission on the part of either Wife or Husband of the lawfulness of the causes which led to, or resulted in, the continuation of their living apart. 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 or in any manner whatsoever with her or him. 3. PERSONAL PROPERTY Husband agrees to transfer to Wife upon execution of this Agreement. without further consideration Hush2nd's interest in the 1992 Clab-Brown mobile home. title number 44621542502 FR, and the 1995 Pontiac GrandAm, registration plate number ANS3808. The panics acknowledge that they have heretofore divided between them. at the time or of their separation or thereafter. all their personal property to their mutual satisfaction. except as stated above. Henceforth, each of them shall own, have and enjoy iOOependently of any claim or right of the other items of personal property of every boo now or hereafter owned, or held by him or her. with full power to dispose of same as fully and elfectively in all respects aM for all purposes IS if he or she were umnarried. Wife agrees to assume primary respon.~ibility for payment on the loan secured by the GrandAm title. and Wife shall indnnnify and hold Husband harmless from any loss related to the automobile loan ICaImi by this vdliele. W. k .rLlt 6, f,l^; ref'_" tit: .{.r fir, 1*'1,.,.... f ",., I-'~f t''''';''' fl, 1'1"'. ",.. n__ 1411 (/IS' (J,.,..." ,....~./.f /-.<<, ",V $4/1 ,,;..q..,,:, t., "h..,( h.1d If.,k"p ~.Iur ,.. SA.; I,,,,(.'/.? . lU-f K-Jf :JJfI c.'11'P J 4. SUPPORT Husband and Wife do hereby waive, release and give up any rights they may respectively have against the other for alimony or spousal support. It shall be, from the date of this Agreement, the sole responsibility of each of the respective parties to sustain themselves without seeking any support from the other party. S. LIABILITIES Each party represents that they have not contracted any debt or liability for the other for which the estate of the other party may be responsible or liable, and that except only for the rights arising out of this Agreement, neither party will hereafter incur any liability whatsoever for which the other party or the estate of the other party, will be liable. Each party agrees to indemnify or hold the other party harmless from and against all future obligations of every kind incurred by them, including those for necessities. 6. DIVORCE Husband filed a divorce complaint at the above captioned number on October I, 1996. Husband and Wife agree to sign and file consents and necessary notice waiven for the Court to plocc<<t without delay to issue a divorce decree. The tenns of this agreement are not conditioned upon a divon:e, and the issuance of a divon:e decree sbaII not tamiJ\ll1t' or effect the terms of this agr_1Il in anyway. 4 7. MUTUAL RELEASE Wife and Husband each do hereby mutually remise, release, quitclaim and forever discharge the other and the estate of such other. for all time to come. and for all purposes whatsoever, of and from any and all rights, titles and interests, or claims in or against the propeny (including income and gain from propeny hereafter accruing) of the other or against the estate of such other, of whatever nature and wheresoever situate, which she or he now has or at any time hereafter may have against the other, the estate of such other or any pan thereof. whether arising out of any fonner acts. contracts. engagements or liabilities of such other or by way of dower or cunesy, or claims in the nature of dower or cunesy or widow's or widower's rights, family exemption or similar allowance, or under the il1lCStatc laws, or the right to take against the spouse's will; or the righlto treat a lifetime conveyance by the other as testamentary. or all other rigbts of a surviving spouse to participate in a dectased spouse's estate, whether arising under the laws of (a) Pennsylvania. (b) any State. Commonwealth or territory of the United States, or (c) any other country, or any rights which Wife may have or at any time hereafter have for past. present or future surpon or maintenance, alimony. alimony pendente lite. counsel fees, costs or expenses, whether arising as a result of the marital relation or otherwise. elcept, and only except, all rights and agreemem and obligalions of whatsoever nature arising or which may arise under Ihis Agreement or for the bruch of any thereof. It is the intemion of Wife and Husball1to '1\1: to each other by the ellccution of Ibis A,rMll(lIl a full. complete and ,meral release with mpect 10 any and III property of any k.in.I or nature. real, personal or mind. which the {!Ch<< now owns or may hereafter acquire. Clcept and \lIlIy extcpllll rill'"s and Ipt<mcnn 1111 obliJations of ~ whatsoever nature arising or which may arise under this Agreement or for the breach of any thereof, subject, however, to the implementation and satisfaction of the conditions precedent as set forth herein above. 8. OTHER DOCUMENTATION Wife and Husband covenant and agree that they will forthwith (and within atleasl seven days afler 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, and as their respective counsel shall mutually agree should be so executed in order to carry out fully and effectually the terms of this Agreement. 9. SUCCESSORS' RIGHTS AND UABIUTIES This Agreement shall, except as otherwise provided herein, be binding upon and inure 10 the benefit of the parties herelo, their respective heirs, executors, administrators, successors or assigns. 10. ENTIRE AGREEMENT Wife and lIusband do hereby covenant and warrant that this AgreemelU contains all of the representations, promises and agreements made by either of them to the other for the purposes set forth in the pramble hereinablwe: that there are no claims. rromises or representatiom not hcrtin contained. either oral or written. which shall or may be cbarIN or enfura:d or enfon:cable unless rNucl:\l to _nil", and siped by both of the parties hen:tll; and 6 the waiver of any tenn, condition, clause or provision of this Agreement shall in no way be deemed to be considered a waiver of any other tenn, condition, clause or provision of this Agreement. II. BINDING EFFECT OF AGREEMENT This Agreement shall remain in full force and effect unless and untiltenninated 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 not be constrUed as a waiver of any subsequent default of the same or similar natUre. 12. SEPARABIUTY 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 INt tenn, condition. clause or provision shall be stricken from this Agreement and in all other respects this Agreement shall be valid and contimle in full force, effect and operation. Likewise, the failure of any party to meet her or his obligations umer any 01lC or more of the paragraphs herein, with the exception of the satisfaction of the conditions precedent. shall in no way avoid or alter the remaininJ obligations of the panics. 7 :>- ." ~~ . . , ~r\ \. ~: " c~ c ,~ . "- . , . ,. . " ... , ... I I I J i I ! i i , I t I , I i ! , i , I I I i 1 I ! ! CiIlE(XF.Y T. FRYE, IN TIlE COORT OF Co-MN PLEAS OF CLMBERU\ND COJNTY, PrnNSYLVl\NIA Pldintiff v. 00. 96- ~ '113 CIVIL 'l'ER-t KIMBERLY J. fRYE, CIVIL PCTICl'HAW IN DIVOOCE Defendant CTM'IJ\JNI' T1III"lI"R !;FlTI(H; 33011Cl AID 3301101 OF '!HE DT\KR:E CT11R i i, i 1. Plaintiff is ~Y T. FRYE, an atitlt irxiivich.1al1rb:l cmrent1y resides at 6567 ~ StrasWrg Road, Franklin ChJnty, Pennsylvania. 2. Defemant is KIMlmLY J. FRYE, an atitlt irrlividual 1rb:l currently resides at 37 Rays Drive, Newville, Clrrberland <hInty, Pennsylvania. 3. Plaintiff and Defemant; have been b:x1a fide residents in t.re Cama1wealth of Pennsylvania for at least six nmths :iJrm3diately previaJS to t.re filin3 of this carplaint. 4. '!be Plaintiff and Defemant were lIBIried en October 25, 1991, in IsrBsterS, Franklin ChJnty , Pennsylvania. Ii :i ii I !I " li 'I !, I, .1 I, " .; ~ : n"1wr I - DT\KR:E 5. Plaintiff heret7t i1x:orporates by reference piU~""'1$ 1 thrtJ.lgh 4 ab:lIIe. 6, '1bere have been 00 prior lICticns of divorce or for lIlDllJr1!nt betlieen t.re parties as to t.reir current l1BITiage. 7. Neith!r Plaintiff ror DeferD1nt is in t.re AmIld F\.......... of the thited States. ! ":i ,f it :1 8. Plaintiff avers tMt the ll81Tiage bet"'!!l!l1 the parties is i rrarievabl y br1.::ili!n. .. , 'i 'I .~ tIC DiI o:l At . . . >0 l~tIC uug ..~> ~:J~ ~llClI) O"~ u!f IIlU is.. .0 ... . ... . ~ ~ .~~~ ~ ~\ ~ ~ ~ ~\9 ~ ~ ~ \\ ~ ~: .... , {1 1t. ti:. .J. ~ II II II II II II II . . II DiI II iii DiI II U II .. .. II IlC . II 1lC~ IlC II o II :a .... " > r 0< ..~ " ... II ..:I .... . r: II c:l II IDiI .., ..... ..,- II II ZU ~ t ~ c . ~ II Z II 0.. ..... > >or: II ... I ID"'O .... ..:I- II I 01(:;> :l ~ ~ :s 0'" 1lC'" " ... I 01 ... Oa. Dil- I Z I ...0< c:l ~ Il " ~ III ~c:l " ... I U ~ s! .. II tIC I ..:IZ 0 ... " o:l I ...... ~ ~ ~ ~ alt II At II > " :E I ... E ~ " o I U " U I :5 :: ~ " I II I b ~ II I I . . . . . . GREGORY T. FRYE, Plaintiff v. : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY. PENNSYLVANIA : CIVIL ACTION - LAW IN DIVORCE KIMBERLY J. FRYE, Defendant : NO.96-5413 CIVIL TERM PRAECIPE TO THE PROTHONOTARY: I hereby enter my appearance on behalf of the Defendant. KIMBERLY J. FRYE. in the abovc-aptioncd case. ANDREWS & JOHNSON DATE: IO_~.- 'i~ By: T yl9f P. Andrews. Esq. 7 est Pomfm Street Carlisle, PA 17013 717-243-0123 Supreme Coon ID No. 15641 ..... o. ::: b;: c i':> (~ . ~'.~ ~o '~ C ~) " ~~ "- ,~ :~ c <:> :~ !::-~ w'" M "". fE~ .... EP .:.t~ C-:' .--:- I- Q ~ l3 ~o ,.) 0'" u I I I i GREGORY T. FRYE, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 96-5413 CIVIL TERM CIVIL ACTION-LAW IN DIVORCE v. KIMBERLY J. FRYE, Defendant CJ;RIIFICATE OF SERVICE I hereby certify that on December 8, 1997, I, Jennifer S. Calaman secretary to Mic:haeI A. Scherer, Esquire, did serve a copy of the Praecipe To Withdraw, by first class U.S. mail, postage prepaid, to the party listed below, as follows: Taylor Andrews, Esquire Andrews and Johnson 78 West Pomfret Street Carlisle, Pennsylvania 17013 I 'I i, II II !l I' .1 !! ., ,. II li Ii H H " I' I' i ~'~';i. <.~ :.. "~'hS~c. :.re< ~(, "-;'u-.. . &'.~;:tn...' '~" -;; .. . ~ ,", ., ~ 5 ~ 0 ... ~ :!i :l ~ ~ ~ ~ ~ ~ ~ ~ ! .. ~ 5 ~ ~ ., ;15 ~ o ~ . ..