Loading...
HomeMy WebLinkAbout96-06090 ~ f QI ct ~ - . .. .") .. , ~ ~ . ~ .::Q ...-. .. . . " ~~~~~---~----------_._--------~ ~, _~_______~~____'____.~_.__o__.______ 8 $ $ ~ .' ~ $ M .' ~ ~! ~..o:.-'IOI:-,:';':-:iO:: .>>. .lOC. .:<<:-:i::-:;::-:;:':..~::::.:'-.:.::.::.:. 0:.:' .:.:- -:.:. ,', ~ ~ ,. $ $ ~ $ 8 $ .. " ~ ... ~ ," !i!. 0" " " IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY STATE OF .. PENNA. 8 .. " 8 8 .. ., 8 8 .. " 8 8 ERVIN W. CAREY, JR., Plaintiff l\: (I. 6090 IlJ 96 Vl'I'..m:i ,', ~ .KIMBERLY A. CAREY, Defendant ,', ~ " ~ ~ '.' .. " DECREE IN DIVORCE AND NOW, 0'0 o~. 0 02~.... .0.... 19.!l9..., it is ordered and decreed that..... .?~.V:~':1. !'I..o .C;:!1~.~YI. ;rot:, 00.0................, plaintiff, and..... ..l<~JI1Qej:',ly' 01'\,. .<:<I~I'!Y... . .. . . .. . . ....... . .. . 0 . 0 ...., defendant, are divorced from the bonds of matrimon)'. The attached Marriage Settlement Agreement dated May 17, 1999 is hereby incorporated, but not merged with this Oivorce fElcr~e The court retains jurisdiction 0 the tor/owing claims which have been raised of record in this action for which a final order has not yet been entered; \V~~ ~ ........ .... .... .... .... .... .... ............ .... ............... -.. ......... 000.......0.. ...00... ..0.0..000..../.0.0......0..0..... / Prothonotary <+:. <+:. .:.:. ~ .;.;. -:.;, -:.;. .:~:- .;.;. .:.;, .:.:. -:.:. .:.:. .:+;. .. ':t 8 ~ " ~ " ~ ~ ... .. " .;; ., ., ~ 8 ;ft '.' ,', * .. " ~ ~ f~ .. " 8 8 8 8 w ~.' ,;, ., ~ .~ ~ ~. ~ ," ,;, " ~ '.' ~ !': \~ I. i: I~ !~ J. ~ ~ ;~ ,;~ /, . WHEREAS, it is the desire of the parties, after long and careful consideration, to amicably adjust, compromise and settle all property rights and all rights in, to or against each other's property or estate, including proper~y heretofore or subsequently acquired by either party, and to settle all disputes existing between them, including any and all claims for WIFE'S and/or HUSBAND'S maintenance and/or for spouse support, alimony pendente lite, alimony, counsel fees and expenses, custody and equitable distribution; WHEREAS, Ervin W. r.arey, Jr., is represented by Joanne Harrison Clough, Esquire and Kimberly A. Carey is represented by Judy calkin, Esquire and each party has had the opportunity to review this Agreement in its entirety with their respective counsel; and WHEREAS, the parties intend this Agreement to be a full and complete postnuptial Agreement, providing for the absolute and final settlement of all their respective marital and property rights and all claims for spouse support, alimony pendente lite, alimony, counsel fees and expenses, and equitable distribution of marital property. NOW, THEREFORE, for and in consideration of the mutual benefits to be derived by the parties and intending to be legally bound hereby, the parties hereby covenant and agree as follows: 7. , .. . 1. PERSONAL PROPERTY I HUSBAND warrants and represents to WIFE, and WIFE warrants and represents to HUSBAND, that they have errected a fair and equitable division or all marital property or the partiee, and that any and all marital property, except a. expre..ly provided herein, pre.ently in po.session oroWIFE shall be the property or WIFE, and that any and all marital property, except as expressly provided herein, presently in possession or HUSBAND shall be the property solely or HUSBAND. (A) WIFE shall have the sole right, title and interest to the rollowing personal property I 1. 2. 3. 4. ~t- 5. 0t.J 6. f' ,..7..... _ 8. hutch - corner cabinet; cedar chest; filing cabinet; table at bottom of steps; table by bed; wall hangings from dining room (WIFE already removed from home); 2 dtrip~.l l'ilJitul l_..~lo; 1/2 Christmas decorations (WIFE already removed from home); ~ telG\l.:11uu - duwn::n..a!.I.tt; 1~& ~" e=wal19 diahaq: 11. WIFE's grandmother's curio cupboard; 12. small dresser WIFE's father made; 13 ,...-e-leetrelux 'ia.........jll~ 3 i>\J 'v ftt " . 14. 1/2 baskets ( WIFE already removed some from home). (B) HUSBAND shall have the sole right, title and interest to the following personal property: 1. telephone answering machine that was gift from HUSBAND's mother; 2. remainder of household contents. 2. AtrrOMOBIJ.ES: WIFE shall retain possession and ownership of her vehicle, a 199.1. G-r ') ~ 1\ 1-yr-> HUSBAND agrees to transfer any right, title or other ownership interest he has in said vehicle to WIFE. WIFE shall be solely responsible for the balance of debt, if any, due on said vehicle, and shall indemnify HUSBAND and hold him harmless on said debt obligation. HUSBAND shall execute any necessary title and transfer documents contemporaneously with the execution of this Agreement. WIFE further agrees to maintain automobile insurance on said vehicle. HUSBAND shall retain possession and ownership of his vehicle, a 199\\ ~\ ~ ~),""'''joNJ ~ .()\ ., "'< WIFE agrees to transfer any right, title or other ownership interest she has in said vehicle to HUSBAND. HUSBAND shall be solely responsible for the balance of debt, if any, due on said vehicle, and shall indemnify WIFE and hold her harmless on said debt obligation. WIFE shall execute any necessary title and transfer documents contemporaneously with the execution of this Agreement. HUSBAND further agrees to maintain automobile insurance on said vehicle. 4 . . 3. REAL PROPERTY: HUSBAND and WIFE agree that WIFE shall transfer any and all right, title and interest she has in the martial residence to HUSBAND in consideration of HUSBAND paying to WIFE the sum of FIVE THOUSAND DOLLARS ($ 5,000.00) at the time of execution of this Agreement, and for the other promises set forth in this Agreement. WIFE shall execute a deed transferring any right, title and interest she has in said residence located at 420 Hillside Road, New Cumberland, Cumberland County, Pennsylvania to HUSBAND contemporaneously with the execution of this Agreement. HUSBAND agrees to assume sole responsibility and liability for all liens against the marital residence including the mortgage and HUSBAND further agrees to indemnify WIFE and hold her harmless on the mortgage and any other liens on said marital residence. HUSBAND shall also assume sole liability and responsibility for all taxes, sewer, water, utilities and other debts that may be due and owing on said property, and to indemnify and hold WIFE and hold her harmless on said obligations. HUSBAND agrees that he is refinancing said mortgage on the marital residence and removing WIFE as an obligor thereon. 4. CUSTODY AND VISITATION AND SUPPORT: HUSBAND and WIFE agree that HUSBAND shall have primary physical custody of the parties minor child, Brianna Noel carey and WIFE's son and HUSBAND's step son, Aaron M. Risser, subject to WIFE's right to partial custody for the purposes of visitation. The parties shall have shared legal custody of both children and both parties shall 5 c have the right to participate in all major parenting decisions regarding the children. A. Vigitation: WIFE's partial custody for the purposes of visitation shall be according to the schedule set forth below and at other such times to the mutual agreement of the parties, or as a Court may direct. WIFE shall have the right to complete access to the child's school and medical records and reports, and similar information concerning the child's welfare. 1. Every other weekend; 2. All Holidays shall be shared or alternated by agreement of the parties. HUSBAND and WIFE must provide each other in writing of his or her exact residence, address and telephone number, and must advise each other of any changes thereof within five (5) days. B. Support: Child support for support of the ,parties minor child Brianna shall be calculated in accordance with the Pennsylvania statutory guidelines for support. Any support monies paid by Aar.on M. Risser's natural father shall be paid to HUSBAND, the primary physical custodian of said child. HUSBAND and WIFE further agree that in consideration of WIFE accepting the sum of $ 5,000.00 as her share of equitable distribution of the marital property, HUSBAND shall not seek child support from WIFE for support of the minor child Aaron M. Risser. If HUSBAND files for support for Aaron Risser against Kimberly Carey, then he shall owe her the additional sum of $ 2,500.00 for equitable distribution of the parties marital estate. 6 . 5. ATTORNEYS FEES: Each party shall be responsible to pay tor his or her own counsel tees and other costs relating to this Divorce action. 6. DEBTS AND INDEMNIFICATION: HUSBAND and WIFE represent and warrant to each other that except as provided hsrein, neither one has contracted or will in the tuture contract any debts, charges, or liabilities whatsoever tor which the other party or their property to their estates shall or may be or become liable or responsible, will at all times keep each other tree, harmless and indemnified against and trom any and all debts and liabilities heretofore or hereafter contracted or incurred by the other, except as expressly provided in this Agreement. HUSBAND agrees to be solely responsible to pay the following joint debt: a. the mortgage on marital residence; WIFE agrees to be solely responsible to pay fqr any and all debts in her own name. 7. PENSIONS: HUSBAND and WIFE agree that WIFE waives any and all right, title and interest she may have whatsoever in any pensions, retirement or profit Sharing plan of HUSBAND in consideration of the property distribution set forth in this Agreement and in consideration of HUSBAND's agreement to waive any 7 . right, title and interest he may have whatsoever in any pension, retirement or profit sharing plan of WIFE. 8. MUTUAL REI.EASE: Subject to the provisions of this Agreement, each party has released, discharged and, by this Agreement, does for himself or herself, and his or her heirs, legal representatives, executors, adminlstrators and assigns, release and discharge the other of And form all cause of actions, claims, rights or demands whatsoever, in law or equity, which either of the parties ever had, now have, or can have at any time against the other, specifically including rights or claims to spouse support, alimony, alimony pendente lite, counsel fees and expenses, and equitable distribution of marital property, except for any cause of action for divorce from the bonds of matrimony and any cause of action for breach of any provisions of this Agreement. The parties hereto expressly relinquish and waive any and all rights that they may have now or in the future to claim and/or obtain spouse support, alimony pendente lite, alimony, counsel fees and expenses or equitable distribution of property. 9. ESTATE RELEASE: Except as herein otherwise provided, each party may dispose of his or her property in any way, and each party hereby waives and relinquishes any and all rights he or she may now have or hereafter acquire, under the present or future laws of any jurisdiction, to share in the property or the estate of the other as a result of the marital relationship, including without B limitation, dower, courtesy, statutory allowance, widow's allowance, right to take property under equitable distribution, right to take in intestacy, right to take against the will of the other, and right to act as administrator or executor of the other's estate, and each will, at the requelJt of the other, execute, acknowledge, and deliver nay and all instruments which may be necessary or advisable to carry into effect this mutual waiver and relinquishment of all such interest, rights and claims. 10. SEPARATION: It shall be lawful for each party at all times hereafter to live separate and apart from the other party at such place or places as he or she may from time to time choose or determine fit. 11. NO INTERFERENCE: Each party shall be free from interference, authority and control, direct and indirect, by the other as fully as if he or she were single and unmarried. Neither shall molest the other, compel or endeavor to compel, the other to cohabit or dwell with him or her, or to interfere with friendships, society or acquaintances with either of the parties hE\reto may choose or have from this day forward. 12. DOCUMENTS: Each party shall, at the request of the other, execute, acknowledge and deliver to the other party any documents which may be reasonably necessary to give full force and effect to this Agreement. 9 , 13. FINlIT.TZATION OF DIVORCE: It is specifically understood and agreed by and between the parties hereto and each of the said parties does hereby warrant and represent to the other, that each party will sign affidavits of consent to no fault divorce and any other documents necessary to finalize the divorco action currently pending between the parties. HUSBAND and WIFE each knowingly and underetandingly hereby waives any and all possible claims that this Agreement is, for any reason, illegal or tor any reason whatsoever, unenforceable in whole or in part. HUSBAND and WIFE each do hereby warrant, covenant, and agree that, in any possible event, he and she are and shall forever be estopped from asserting any illegality or unenforceability as to all or any part of this Agreement. 14. ABSOLUTE AND FINAl. SETTLEMENT: The provisions of this Agreement are intended to consider, determine and distribute all of the assets of the parties hereto as part of th9 terms of this postnuptial Agreement. This Agreement is intended by the parties hereto to be a valid postnuptial Agreement, providing for the absolute and final settlement of their respective property rights and all obligations of spouse support. This Agreement is not intended to be a mere separation agreement. This Agreement contains the entire understanding of the parties and there are no representations, warranties, covenants or promises other than those expressly set forth in this Agreement. 10 . 15. VOLUNTARY EXECUTION AND FAIRNESS OF AGREEMENT: Each party acknowledges that this Agreement has been entered into or his or her own violation, with rull knowledge or the facts and rull inrormation as to the legal rights, liabilities and the assets of the other, and that each believes this Agreement to be reasonable under the circumstances and not the r6sult or any duress or undue inrluence. 16. MODIFICATION AND WAIVER: A modification or waiver of any of the provisions of this Agreement shall be effective only if made in writing and executed with the same formality as 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. 17. SITUS: This Agreement shall be construed and governed in accordance with the laws of the Commonwealth of Pennsylvania. 18. INDEPENDENT SEPARATE COVENANTS: _ 0 It is specifically understood and agreed by and between the parties hereto that each paragraph hereof shall be deemed to be a separate and independent covenant and agreement. If any term, conditlon, 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 respect a 11 . this Agreement shall be valid and continue in full force, effect and operation. 19. ENTRY AS PART OF DECREE: It is the intention of the partie. that this Agreement shall survive any action for divorce which may be instituted or prosecuted by either party and no order, judgment or decree of divorce (temporary, interlocutory, final or permanent) shall affect or modify the financial terms of this Agreement. This Agreement shall be embodied in and made part of any such judgment or decree of final divorce. 20. BREACH: If either party breaches any provision of this Agreement, the other party shall have the right, at his or her election, to sue for damages for such breach, or seek such other remedies or relief as may be available to him or her, and the party breaching this contract should be responsible for payment of all attorney's fees, legal costs and expenses incurred by the other in enforcing their rights under this Agreement. 21. BINDTNG EFFECT: Each of the parties hereto intends to be legally bound hereby, and this Agreement shall be binding upon their heirs, personal representatives and assigns of the respective parties hereto. 12 '- r-, :.... ",,: " c-: , - l, , , i (~, .. .. (. I, l ~. 'l~ ..... .. n .l l. l;) () '.. ,... '- /",-: ('; ~.- J . I - I (.; ) '. ; o. , .. , .0 (. .J .1 '. ('-.I I , (1: , -, -j I . (""" ( (,.'l (J ," .. 12. Plaintiff, Ervin W. carey, Jr. seeks primary physical custody of the following children: lliUMl. Present Residence Date of Birth ~ Brianna Noel Carey 420 Hillside Road 12-24-93 2 New Cumberland PA 17070 Aaron Michael Risser 420 Hillside Road 10-16-87 9 New Cumberland PA 17070 a. The child, Brianna was not born out of wedlock. The child, Aaron Michael Risser is Defendant's son from prior relationship and was born out of wedlock. b. The children are presently in the custody of Plaintiff, Ervin W. Carey who resides at 420 Hillside Road, New Cumberland, PA 17070. c. During the past five (5) years, the children have resided with the following persons and at the following address: Brianna, Ervin W. carey, Jr. 420 Hillside Rd. from birth to Kimberly A. Carey New Cumberland Present PA 17070 Aaron M. Risser, Ervin W. Carey, Jr. 420 Hillside Rd. from 1991 to present Kimberly A. Carey New Cumberland PA 17070 6 -/.............. y ~ ~ ~ rJi .j ~ 0' i'; ;.~ v: ....... ..) -( t'I" i6 :~ ..... - f.i:~ ' o. () J 0 Q:. V:I ;"I~; . J ;~ t. ~ ~~ . "- .,;:j () 11 ~: r- "I 0 V:I i I ~ I.,) ff.\ :'::.1 ~ ~ ,-' \ - ~ ~ U. \I" ~ d.. c- o - U, '.J ,. . ~ . . .. Clough & Murphy ArroflNEYS &. COUNSU.llH.S AI' LAW H45 Sir'fhum.. ctUlt, Sulle II A lIarrbhurg. P/\ 17109 (717) 5411,511HI ;.-, il < ..d j ;:: fr'<.~ g ;:l ~ ~E~ ::E~~o(", cld ~ ~ ~~ ..d .. e ...... Ol)~ ~ of, ;:l ! .J: :r: o '" - '" U ;:!; . , . o .. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 96-6090 CIVIL TERM CIVIL ACTION - LAW IN DIVORCE ERVIN W. CAREY, JR., plaintiff v. KIMBERLY A. CAREY, Defendant AFFIDAVIT OF SERVIC~ Joanne H. Clough, Esquire, being duly sworn according to laW, deposes and says that she is an attorney at law duly authorized to practice in the commonwealth of pennsylvania, and that on the 12th day of November, 1996, she did serve upon Kimberly A. Carey, the Defendant in the foregoing case, a true and correct copy of the complaint in Divorce by sending a copy to Kimberly A. Carey, by regular U.S. Mail, postage pre-paid, to Kimberly A. carey, the Defendant. Said copy of the complaint was duly endorsed with notice to Defendant to appear and answer within twenty (20) days from the date of service or the matter would proceed without her. sworn to and subscribed _'l/~l before me this ~day of-tfut ~'#~ o "^'-.v - ary Publ c , 1999. MClTAllIAL lEAL IIAtIlIIIGI A. 1ICXMAll. ~ N>Ic ..... RIcllon 'up., DDopNn CouftIv, PA Mr eliI' I . ,1lqlIogo lIopI, 3, 1'OO:l By: Joanne' B45 sir Thomas Harrisburg, PA (717) 540-5100 Id. No. 36461 , .' , ., . ERVIN W. CAREY, JR., plaintiff IN THE COURT OF GOMMON PLEAS CUMBERLAND COmiTY, PENNSYLVANIA NO. 96-6090 CIVIL TERM v. KIMBERLY A. CAREY, Defendant CIVIL ACTION - LAW IN DIVORCE AYPIDAVIT OP CONSENT 1. A complaint in Divorce under section 3301 (c) of the Divorce Code was filed on November 7, 1996. 2. The marriage of plaintiff and Defendant is irretrievably broken and ninety (90) days have elapsed from the date of service of the Complaint. 3. I consent to the entry of a final decree of divorce after service of notice of intention to request entry of the decree. I am simultaneously executing a Waiver of Notice of Intention to Request Entry of Decree. 4. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if I do not claim them before a divorce is granted. I verify that the statements made in this Affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 1B Pa.C.S.A. section 4904 relating to unsworn falsification to authorities. Date: ';;~7 h'9 .. f ---;- By: L-: ;- ERVIN W. CAREY ~ v/, .. . I . , P I I ERVIN W. CAREY, JR., Plaintiff v. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 96-6090 CIVIL TERM KIMBERLY A. CAREY, Defendant CIVIL ACTION - LAW IN DIVORCE A~~IDAVIT O~ CONSENT 1. A Complaint in Divorce under Section 3301 (c) of the Divorce Code was filed on November 7, 1996. 2. The marriage of Plaintiff and Defendant is 'irretrievably broken and ninety (90) days have elapsed from the date of service of the Complaint. 3. I consent to the entry of a final decree of divorce after service of notice of intention to request entry of the decree. I am simultaneously executing a Waiver of Notice of Intention to Request Entry of Decree. 4. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if I do not claim them before a divorce is granted. I verify that the statements made in this Affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S.A. section 4904 relating to unsworn falsification to authorities. Date: 6'I7-CJ~ By: ~~~~s~f~~ r-, r .. C"o I '. , : I I. C',. ; .. I ,- , , : , , -J , J . . , . ~ . .. ' . f .., . ERVIN W. CAREY, JR., Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 96-6090 CIVIL TERM KIMBERLY A. CAREY, Defendant CIVIL ACTION - LAW IN DIVORCE WAXVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER ~33011cl OF THE DIVORCE CODE 1. I consent to the entry of a Final Decree of Divorce. 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 1B Pa. C.S. 54904, relating to unsworn falsification to authorities. Date: 5-1l.L\C) r-, r- <': o' " I , , , .. j <" .. .0 'j I, .::.. ,', _! (;) U i I . -. . ,.. , " "