HomeMy WebLinkAbout02-5520FAUser Folder\Firm Docs\Gendocs2002\2814-idiv.comp.wpd
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
DARLENE F. TRITT,
Plaintiff
CIVIL ACTION - LAW
V. NO. 2002- - O
WILLIAM R. TRITT,
Defendant IN DIVORCE
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 children.
When the ground for the divorce is indignities or irretrievable breakdown of the marriage,
you may request marriage counseling. A list of marriage counselors is available at the Domestic
Relations Office, 13 North Hanover Street, Carlisle, Pennsylvania. You are advised that this list is
kept as a convenience to you and you are not bound to choose a counselor from the list. All
necessary arrangements and the cost of counseling sessions are to be borne by you and your spouse.
If you desire to pursue counseling, you must make your request for counseling within twenty (20)
days of the date on which you receive this notice. Failure to do so will constitute a waiver of your
right to request counseling.
IF YOU DO NOT FILE A CLAIM FOR ALIMONY, MARITAL PROPERTY,
COUNSEL FEES OR EXPENSES BEFORE THE FINAL DECREE OF DIVORCE OR
ANNULMENT IS ENTERED, 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, Pennsylvania 17013
(717) 249-3166
1N THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
DARLENE F. TRITT,
Plaintiff
V.
WILLIAM R. TRITT,
Defendant
CIVIL ACTION - LAW
NO. 2002- 6-5'Zo
IN DIVORCE
COMPLAINT IN DIVORCE
AND NOW, this 17 P4 day of November, 2002 comes Plaintiff, Darlene F. Tritt, by and
through her attorneys, Hanft & Knight, P.C., and files the following Complaint in Divorce, and in
support thereof avers as follows:
1. The Plaintiff is Darlene F. Tritt, who currently resides at 42 Timber Road,
Mechanicsburg, Cumberland County, Pennsylvania 17050.
2. The Defendant is William R. Tritt, who currently resides at 305 Hemlock Road, New
Cumberland, York County, Pennsylvania 17070.
3. The Plaintiff and Defendant are sui juris, and both have been bona fide residents of
the Commonwealth ofPennsylvania for aperiod of more than six (6) months immediately preceding
the filing of this Complaint in Divorce.
4. The parties were married on June 29, 1974 in York, Pennsylvania.
COUNT I - DIVORCE
5. Paragraphs 1 through 4 are incorporated herein as if each were set forth fully
hereunder.
6. The marriage is irretrievably broken. The foregoing facts are averred and brought
under Sections 3301(c) or 3301(d) of the Divorce Code of 1980, as amended.
7. Alternatively, Plaintiff avers that the Defendant has offered such indignities to her,
the injured and innocent spouse, as to render her condition intolerable and her life burdensome. The
foregoing facts are averred and brought under Section 3301(a)(6) of the Divorce Code of 1980, as
amended.
8. The Plaintiff has been advised of the availability of counseling, and that the Plaintiff
may have the right to request that the Court require the Parties to participate in counseling, and
Plaintiff waives same.
WHEREFORE, Plaintiff requests Your Honorable Court to enter a Decree in Divorce,
divorcing the Plaintiff from the Defendant.
COUNT II
CLAIM FOR EQUITABLE DISTRIBUTION OF MARITAL PROPERTY
UNDER SECTION 3502 OF THE DIVORCE CODE
9. Plaintiff hereby incorporates paragraphs 1 through 8 herein as if each were set forth fully
hereunder.
10. Plaintiff and Defendant are the joint owners as tenants by the entireties of certain real
estate which is subject to equitable distribution by this Court.
11. Plaintiff and Defendant are the owners of various items of personal property, furniture
and household furnishings acquired during their marriage which are subj ect to equitable distribution
by this Court.
12. Plaintiff and Defendant are the owners of various motor vehicles and bank accounts
acquired during their marriage which are subject to equitable distribution by this Court.
WHEREFORE, Plaintiff requests Your Honorable Court to enter a Decree in Divorce
equitably distributing the marital property of the parties
Respectfully submitted,
HANFT & KNIGHT, P.C.
MUthael J. Hanft, Esgiffre
Attorney ID No. 57976
19 Brookwood Avenue, Suite 106
Carlisle, Pennsylvania 17013-9142
(717) 249-5373
Attorneys for Plaintiff
VERIFICATION
I VERIFY that the statements set forth in the attached document are true and correct to the
best of my knowledge, information and belief. I understand that false statements herein are made
subject to the penalties of 18 Pa. Section 4904 relating to unsworn falsification to authorities.
Q ?z . 10AA,0'6?"10fo'
F \User Folder'Firm Docs`Fovns\Litigation\Verification generic
? w ? 1 c?
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
DARLENE F. TRITT,
Plaintiff CIVIL ACTION - LAW
NO. 2002-5520
V.
• IN DIVORCE
WILLIAM R. TRITT,
Defendant
CERTIFICATE OF SERVICE
AND NOW, this _' "day of December, 2002, I, Michael J. Hanft, Esquire, hereby certify
that the following person was served with a True and Correct copy of the Complaint in Divorcee filed but
in the above-referenced matter. The Complaint in Divorce was mailed on November 19, 2002,
actual service took place on November 21, 2002, by Defendant signing for a copy of the Complaint
in Divorce, which was mailed in the United States Mail, Certified Mail--Return Receipt Requested,
Restricted Delivery, Postage Prepaid, addressed as follows:
William R. Tritt
305 Hemlock Road
New Cumberland, Pennsylvania 17070
A copy of the signed Domestic Return Receipt is attached hereto as Exhibit "A" and by
reference incorporated herein and made a part hereof.
Respectfully submitted,
HANFT & KNIGHT, P.C.
Aha . Han ?ft, Esq re
Attorney ID No. 57976
19 Brookwood Avenue, Suite 106
Carlisle, ]Pennsylvania 17013-9142
(717) 249-5373
FAUser Folder\Firm Docs\Gcndocs2002\2814-1. cert.service.wpd
¦ Complete items 1, 2, and 3. Also complete
item 4 if Restricted Delivery is desired.
¦ Print your name and address on the reverse
so that we can return the card to you.
¦ Attach this card to the back of the mailpiece,
or on the front if space permits.
1. Article Addressed to:
?l1(111 t Ol 11?t g . I yi-ft
305 wcmicelk Road
1?levtl bumbfrland, PA-
IbI D
a ? Agent
X ) "dre
Received by Print d Na ) 0at* ofjityry
/?d /Rifle A. (l L (JtJL
D. Is delivery address different from item 1? 0 Yes
If YES, enter delivery address below: 0 No
3. Service Type t
WCertified Mail 0 Express Mail
0 Registered O Return Receipt for Merchandise
0 Insured Mail 0 C.O.D.
4. Restricted Delivery? (Extra Fee) as
2. Articlt 711112 0860 0001 5851 11858
(trans ff
Domestic Return Receipt 102595-02-M-0835
PS Form 3811, August 2001
Exhibit 'W'
n C?a f`,l
?? C % FYI -
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
DARLENE F. TRITT,
Plaintiff
CIVIL ACTION - LAW
V. NO. 2002-5520
WILLIAM R. TRITT, IN DIVORCE
Defendant
AFFIDAVIT OF CONSENT'
COMMONWEALTH OF PENNSYLVANIA )
: SS.
COUNTY OF CUMBERLAND
A Complaint in divorce under Section 3301(c) of the Divorce Code was filed on
November 14, 2002.
2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety days have
elapsed from the date of filing and 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 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 unworn
falsification to authorities.
Date:
Sworn to and subscribed before me this
2q? day of gl 1C4 2003.
Notary
F:\Use, Mdn\Fi.D &G, d&c 2W3@914-1 affc. w,d
SOW
DORY M. Hoed, Nobuy Pubk
SOLAh M daetm Twp., Cu tww d Comfy
My C wksim E)Pms Sept 24,2M
Darlene F. Tritt, Plaintiff
Member, PMWA"Na Aseodslon DI NOW
h
rr C ,.
rNa
co
I
J
W ?
In the Court of Common Pleas of Cumberland County,
Pennsylvania
DARLENE F. TRITT, )
Plaintiff, )
VS. ) No. 2002-5520
WILLIAM R. TRITT, ) CIVIL TERM
Defendant. ) IN DIVORCE
AFFIDAVIT OF CONSENT
A complaint in divorce under § 3301(c) of the Divorce Code was filed on
November 14, 2002.
2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety days
have elapsed from the date of filing and service of the Complaint.
I consent to the entry of a final decree of divorce after service of notice of
intention to request entry of the decree.
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. § 4904 relating to unsworn
falsification to authorities.
DATED: `9-ae'
c w
tic.'
hen:
27 N3
Co
< <]? ??
1
{
0
"?
?'
7
W r
:
t
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
DARLENE F. TRITT,
Plaintiff
CIVIL ACTION - LAW
V. NO. 2002-5520
WILLIAM R. TRITT, IN DIVORCE
Defendant
WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY
OF A DIVORCE DECREE UNDER §3301(C) OF THE 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. §4904 relating to unswom
falsification to authorities.
Date: U ?2-41 0 3
Darlene F. Tritt, Plaintiff
F. Wser FolderTti Docs\Gendocs20032814-I waiv.not wpd
?
• ?
`,'
?
7
Z?U Sa
'
C?7?r;
' G
? ,-r
?
r,
{ ,7
n _ ?
c,
.
=
r
? .. , ,
t?j
?
'
'
t
. ?
1
?
( ?
? T
1 J ?T?
?'
In the Court of Common Pleas of Cumberland County,
Pennsylvania
DARLENE F. TRITT, )
Plaintiff, )
VS. ) No. 2002-5520
WILLIAM R. TRITT, ) CIVIL TERM
Defendant. ) IN DIVORCE
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.
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. § 4904 relating to unworn
falsification to authorities.
Date:
Q 4,4
WWillianYW. rit , D dant
`C-
o
al
?`- N `I
y
K
?
-?C
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
DARLENE F. TRITT,
Plaintiff
V.
WILLIAM R. TRITT,
Defendant
To the Prothonotary:
CIVIL ACTION - LAW
NO. 2002-5520 CIVIL TERM
IN DIVORCE
PRAECIPE TO TRANSMIT RECORD
Please transmit the record, together with the following information, to the Court for entry of
a Divorce Decree:
Ground for divorce: irretrievable breakdown under Section 3301(c) of the Divorce
Code.
2. Date and manner of service of the Complaint: Via U.S. certified mail, return receipt
requested, restricted delivery on November 21, 2002.
Date of execution of the Plaintiff's Affidavit of Consent required by Section 3301 (c)
of the Divorce Code; August 28, 2003; by the Defendant; August 26, 2003.
4. Related claims pending: None.
5. Date Plaintiff s Waiver of Notice in §3301(c) Divorce was filed with the Prothonotary:
August 28, 2003.
Date Defendant's Waiver of Notice in §3301(c) Divorce was filed with the
Prothonotary: August 28, 2003.
Date: August 28, 2003
F1USa Folde iemD Cs? endoc20o3? 814-Ipe wpd
HANFT & KNIGHT, P.C.
By
AA J. Hanft, quire
ttorney I.D. No. 57976
19 Brookwood Avenue, Suite 106
Carlisle, Pennsylvania 17013-9142
(717) 249-5373
Attorneys for Defendant
?: c?a O
v ?-.,
DTI fr.. ?. _.._?
?;' ,
?a J
._
??'-?
`y
?
? _
Ti
?'l?
L- v ??
J
<.a
08/11/2003 16:14 7172490457 HANFT & KNIGHT,PC PAGE 02/11
1
PUJw ?dGU1Fmm DeeflGmbxdODri76l4LLGSLVpd
MARRIAGE SETTLEMENT AGREEMENT
THIS AGREEMENT, made this 2"day of Auogust, 2003, by and between WILLIAM R.
TRITT, JR., of Cumberland County, Pennsylvania, party of the first part, hereinafter referred to as
"Husband" and DARLENE F. TRfiT, of Cumberland County, Pennsylvania, party of the second
part, hereafter referred to as "Wife."
WITNESSETH:
WHEREAS, Husband and Wife were married on June 29, 1974, in York County,
Pennsylvania; and
WHEREAS, Husband and Wife are residents of the Commonwealth of Pennsylvania and
have been so for at least the past six (6) months; and
WHEREAS, certain diverse, unhappy differences have arisen between the parties hereto
which have made them desirous of living separate and apart from one another; and
WHEREAS, Husband and Wife desire to settle and determine certain of their marital rights
and obligations, and make an equitable distribution of their marital property; and
WHEREAS, it is the intention and purpose ofthis Agreement to set forth the respective rights
and duties of the parties while they continue to live apart firom each other and to settle all financial
and property rights between them; and
WHEREAS, the parties hereto have mutually entered into agreement for the division of their
jointly owned assets, the provisions for the liabilities they owe, and provisions for the resolution of
their mutual differences, after both have had full and amble opportunity to consult with their
respective attorneys, and the parties now wish to have that agreement reduced to writing.
NOW, THEREFORE, theparties hereto in consideration ofthe mutuallymade andto be kept
promises set forth herein and for other good and valuable consideration, intending to be legally
bound and to legally bind heirs, successors, assigns, and personal representatives, do hereby
covenant, promise and agree as follows:
ARTICLE I: SEPARATION
1.1
It shall be lawful for Husband and Wife at all times hereafter to live separate and apart from
each other and to reside from time to time at such place or places as they shall deem fit free from any
DFT WRT, Jr- urR. Page 1 of 10
08111•/2003 16:14 7172490457 HANFT & KNIGHT,PC PAGE 03/11
y 1
control, restrain, orinterference,direct orindirect, byeachother. Neither partyshallmolestthe other
or compel or endeavor to compel the other to cohabit or dwell with him or her by any legal or other
proceedings. The foregoing provision shall not be taken to be an admission on the part of either
Husband or Wife of the lawfulness of the causes leading to them living separate and apart.
ARTICLB II: DIVORCE
2.1
This Agreement is predicated on divorce. The parties agree to file the necessary affidavits
of consent and waivers of notice within thirty (30) days of the execution of this Agreement.
2.2
It is further specifically understood and agreed that the provision of this Agreement relating
to the equitable distribution ofproperty of the parties are accepted by each party as a final settlement
for all purposes whatsoever. Should either of the parties obtain a decree, judgment or order of
separation or divorce in any other state, county, or jurisdiction, each of the parties to this Agreement
hereby consents and agrees that this Agreement and all its covenants shall not be effected in anyway
by any such separation or divorce; and that nothing in any such decree, judgment, order or further
modification or revision thereof shall alter, amend or vary any term of this Agreement, whether or
not either or both of the parties should remarry, it being understood by and between the parties that
this Agreement shall survive and shall not be merged into any decree, judgment or order of divorce
or separation.
2.3
It is specifically agreed that a copy of this Agreement maybe incorporated by reference into
any divorce judgment or decree if or whenever sought by any of the parties hereto. It is understood
by the parties that a Divorce Complaint has been filed in the Court ofCommon Pleas of Cumberland
County atDocketNumber2002-5520. Such incorporation, however, shall not be regarded amerger,
it being the intent of the parties to permit Agreement to survive any such agreements.
DFT ? WRT, Jr. Page 2 of 10
08/11/2003 16:14 7172490457 HANFT 9 KNIGHT,PC PAGE 04/11
ARTICLE III: EOLnTABLE ]DISTRIBUTION OF MARITAL PROPERTY
3.1
The parties have attempted to divide their marital property in a manner which conforms to
the criteria set forth in Section 3502 of the Pennsylvania Domestic Relations Code, and taking into
account the following considerations: the length of the marriage; the prior marriages of the parties;
the age, health, station, amount and sources of income, vocational skills, employability, estate,
liabilities, and need for each of the parties; the contribution of one party to the education, training
or increased earning power of the other party; the opportunity of each party for future acquisition of
capital assets and income; the sources of income of both parties, including, but not limited to
medical, retirement, insurance or other benefits; the contribution of dissipation of each party in the
acquisition, preservation, depreciation, or appreciation ofmarital property, including the contribution
of a party as a homemaker; the value of the property set apart to each patty; the standard of living
of the parties established during their marriage.
3.2
The division of existing marital property is not intended by the parties to constitute in any
way a sale or exchange of assets and the division isbeing effected without the introduction of outside
funds or other property not constituting marital property. The division of property under this
Agreement shall be in full satisfaction of all rights of equitable distribution of the parties.
3.3
The parties shall retain sole and exclusive right, title and possession of all personalproperiy
currently in their possession. Except as provided for herein, Husband shall make no claim
whatsoever for any personal property in Wife's possession. Additionally, except as provided for
herein, Wife shall make no claim whatsoever for any personal property in Husband's possession.
Should it be necessary for either party to execute any documents to convey title to any such personal
property in the other party's possession, they shall do so within thirty (30) days of the execution of
this Agreement or within thirty (30) days of the request from the opposing party.
Husband shall be solely entitled to any remaining escrow monies from the sale of 64 Skyline
Drive, Mechanicsburg, Pennsylvania.
DFT _ Zz E . WRT, 7r.11 i;L_ Page 3 of 10
08/1 /2003 16:14 7172490457 HANFT $ KNIGHT,PC PAGE 05/11
3.4
Except as provided herein, Wife waives any right or interest she may have in Husband's
employment benefits, including any pension benefits, retirement plan, stock option purchase plan,
profit sharing plan or related matters. Except as provided herein, Husband waives any right or
interest he mayhave in Wife's employment benefits, including anypension benefits, retirementplan,
stock option purchase plan, profit sharing plan or related matters.
3.5
Husband and Wife agree to waive and relinquish any and all, right that he or she may now
have or hereafter acquire in any real or tangible personal property subsequently acquired bythe other
party. Husband and Wife specifically agree to waive and relinquish any right in such property that
may arise as a result of the marriage relationship.
Husband specifically waives any interest he may have in the Longaberger Basket and Carpet
Care Solutions businesses, which shall be the sole property of Wife.
Wife waives any interest she may have in Husband's financial services and consulting
business.
3.6
Contemporaneously with the executiori of this Agreement, Husband shall transfer to Wife
any and all of Husband's right, title and interest in and to that parcel of real estate located at 42
Timber Road, Mechanicsburg, Cumberland County, Pennsylvania, heretofore owned by the parties
as tenants by the entireties. Said transfer is subject to those liens, judgments or mortgages of record
as of the date of conveyance, all of which shall thereafter become the sole and exclusive obligation
of Wife. Wife shall refinance said property within ten (10) days of the date of this Agreement to
remove Husband's name from any mortgage obligations on said property. Furthermore, Wife shall
be solely responsible for any and all joint obligations for construction matters at said property. Wife
shall indemnify and hold Husband harmless from same, Wife shall be entitled to all finmishings,
includingbutnot limited to Longaberger baskets and Christmas decorations, located at saidproperty.
DFT AY,/ WRT, Jr'IL, Page 4 of 10
08/11'/2003 16:14 7172490457 HANFT & KNIGHT,PC PAGE 06/11
3.7
Wife shallbe solely responsible for the C.F. Acri aircoaditioningbill, the Fluss Flooringbill;
the G&S Drywall bill and the Tim Kemberling bill, along with any carpet business start up loans.
Wife shall indemnify and hold Husband harmless from all of these obligations.
Husband shall be solely responsible for the Kohls credit card; the Capital One credit card;
the MBNA credit car; the AT&T credit card; the Bank of America credit card; the Bank One credit
card; and the Household Bank credit card. Husband shall also be solely responsible for the personal
loan from family and the computes loan. Husband shall indemnify and hold Wife harmless from all
of the obligations. Within thirty (30) days of the date of this Agreement, Husband shall have Wife's
name removed from any joint credit cards for which he is solely responsible.
ARTICLE N: RELEASE OF SUPPORT FOR HUSBAND AND WIFE
4.1
The parties herein acknowledge that by this Agreement they have respectively secured and
maintained a substantial and adequate fund with which to provide themselves sufficient resources
to provide for their comfort, maintenance, and support in the station of life in which they are
accustomed. Except as provided herein, Husband and Wife do hereby waive, release and give up
any rights they may respectively have against the other for alimony pendente lite, spousal support,
or maintenance.
4.2
Husband and Wife specifically waive, release and give up any rights for alimony that they
may be entitled to pursuant to Chapter 37 of the Pennsylvania Domestic Relations Code.
r_,
ARTICLE V: DEBTS OF THE PARTIES
5.1
Each party represents to the other that except as otherwise specifically set forth herein, there
arc no outstanding obligations of the parties, that since the separation neither party has contracted
for any debts for which the other will be responsible and each party indemnifies and holds harmless
the other for all obligations separately incurred or assumed under this Agreement.
In the event eitherparty contracted for or incurred any debts since the date of separation, the
party who incurred said debt shall be responsible for the payment thereof regardless of the naive in
DFTW-.7 WRT, 7r.41W Page 5 of 10
08/11/2003 16:14 7172490457 HANFT & KNIGHT,PC PAGE 07/11
`,
which the account may have been charged. Husband and Wife acknowledge and agree that they have
no outstanding debts or obligations of the Husband and Wife incurred prior to the signing of this
Agreement.
5.2
)each patty relinquishes any right, title and interesq he or she may have to any and all motor
vehicles currently in the possession of the other party. I Within thirty (30) days of the date of
execution of this document, each party shall execute the
property registered in the otherparty's name with the PE
Husband shall payoff any j oint obligations, including the
sary documents to have said vehicles
vania Department of Transportation.
bligation, on his 2001 Chevrolet S 10
truck within ten (10) days of the date of this
encumbered.
Wife's 1995 Honda Accord is not
ARTICLE VI:
6.1
The provisions of this Agreement and their legal
parties by their respective counsel or the parties have
regarding the meaning and implication of this Agreement.
this Agreement is, in the circumstances, fair and equitabl
voluntarily, after having received such advice and with
Agreement is not the result of any duress or undue influ
collusion or improper or illegal agreement or agreements
Esquire and Husband is represented by Michael S- Travis,
6.2
Husband and Wife do hereby mutually remise,
other and the estate of the other, for all times to come and
any and all legal right, title and interest, or claims in or al
the estate of the other, of whatever nature and wheresom
any time hereafter may have against such other, the estate i
arising out of any former acts, contracts, engagements, or 1
effect have been fully explained to the
ndved their right to have legal advice
The parties acknowledge and accept that
,, that it is being entered into freely and
such knowledge that execution of this
mce and that it is not the result of any
Wife is represent by Michael J. Hanft,
Esquire.
e, quitclaim, and forever discharge the
r all purposes whatsoever, of and from
nst the property of the other or against
situate, which he or she now has or at
such other, or any part thereof, whether
ilities of such other as by way ofdower
DP'I D-4.1 WRT, Jr. Ik Page 6 of 10
08/11/2003 16:14 7172490457 HANFT & KNIGHT,PC PAGE 08/11
or curtesy, or claims in the nature of dower or curtesy or widow's or widower's rights, family
exemption, or similar allowance, orunder the intestate laws, orthe 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 (a)
Pennsylvania, (b) any state, commonwealth, or territory ofthe United States, or (c) any other country,
or any rights which either parry may have or at any time hereafter have for past, present, or future
support or maintenance, alimony, alimony pendente lite, source fees, costs or expenses, whether
arising as a result of the marital relation or otherwise, except and only except, all rights and
agreements and obligations of whatsoever nature arising or which may arise under this Agreement
or for the breach of any thereof. It is the intention of Husband and Wife to give to each other by
execution ofthis Agreement a full, complete, and general release with respect to any and all property
of any kind or nature, real or personal, not mixed, which the other now owns or may hereafter
acquire, except and only except, all rights and agreements and obligations of whatsoever nature
arising or which may arise under this Agreement or for the breach of any thereof.
6.3
Each party represents that they have not heretofore incurred or contracted for any debt or
liability or obligation for which the estate of the other party may be responsible or .liable, except as
may be provided for in this Agreement. Each party agrees to indemnify and hold the other party
harmless from and against any and all such debts, liabilities or obligations of each ofthem, including
those for necessities, except for the obligations arising out of this Agreement. Husband and Wife
each warrant, covenant, represent and agree that each will, now and at all times hereafter, save
harmless and keep the other indemnified from all debts, charges, and liabilities incurred Vy the other
after the execution date of this Agreement, except as is otherwise specifically provided herein.
6.4
No waiver or modification of any of the terms of this Agreement shall be valid unless in
writing and signed by both parties and no waiver of any breach hereof or default hereunder shall be
deemed a waiver of any subsequent default of the same or similar nature.
DIF 1',qYf,7 WRT, Jr ? Page 7 of 10
09/11/2003 16:14 7172490457 HANFT & KNIGHT,PC PAGE 09!11
6.5
This Agreement shall be construed in accordance with the laws of the Commonwealth of
Pennsylvania which are in effect as of the date of this Agreement.
6.6
This Agreement shall be binding and shall inure to the benefit of the parties hereto and their
respective heirs, executors, administrators, successors and assigns.
6.7
This Agreement constitutes the entire understanding of the parties and supersedes any and
all prior agreements and negotiations between them. There are no representations orwarranties other
than those expressly set forth herein.
6.8
If any term, condition, clause, section, 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 his
or her obligation under any one or more of the articles and sections herein shall in no way void or
alter the remaining obligations of the parties.
6.9
r -
It is specifically understood and agreed that this Agreement constitutes an equitable
distribution of property, both real and personal, which was legally and beneficially acquired by
Husband and Wife, or either of them, during the marriage as contemplated by the Domestic
Relations Code of the Commonwealth of Pennsylvania.
6.10
The parties warrant and represent that theyhave made Ul disclosure of all assets priorto the
execution of this Agreement. Each party represents and warrants that he or she has made a full and
fair disclosure to the other of all ofhis or her personal property interests of any nature, including any
DFT Y WRT, Jr. Page 9 of 10
09/11/2003 16:14 7172490457 HANFT $ KNIGHT,PC PAGE 10/11
mortgage, pledge, lien, charge, security interest, encumbrance, or :restriction to which any property
is subject. Each party further represents that he or she has made a fall and fair disclosure of all debts
and obligations of any nature for which he or she is currently liable or may become liable. Each
further represents and warrants that he or she has not made any gifts or transfers for inadequate
consideration of Marital Property without the prior consent of the other. Each further warrants,
represents, and declares that each is and has been fully and completely informed of and is familiar
with and is cognizant of the wealth, real and/or personal property, estate and assets, earnings and
income ofthe other and that each has made a full and complete disclosure tot he other of his and her
entire assets and liabilities and any further enumeration or statement thereof in this Agreement is
specifically waived.
Each party acknowledges that, to the extent desired, he or she has had access to all joint and
separate State and Federal Tax Returns (including supporting documentation) filed by or on behalf
of either or both Parties during marriage.
6.11
In the event either partyto this Agreement shall breach any term, covenant or other obligation
herein, the non-breaching party shall be entitled, in addition to all other remedies available at law
or in equity, to recover from the breaching party all costs which the ,non-breaching party may incur,
including but not limited to filing fees and attorney's fees, in any action or proceeding to enforce the
terms of this Agreement.
6.12
This Agreement shall survive any action for divorce and decree of divorce and shall forever
be binding and conclusive on the parties; and any independent action may be brought, either at law
or in equity, to enforce the terms of this Agreement by either Husband or Wife until it shall have
been fully satisfied and performed. The consideration for this Agreement is the mutual benefits to
be obtained by both of the parties hereto and the covenants and agreements of each of the parties to
the other. The adequacy of the consideration for all agreements herein contained is stipulated,
confessed, and admitted by the parties, and the parties intend to be legally bound hereby.
DFT.4V./ WRT, Jr- Page 9 of 10
08/11/2003 16:14 7172490457 HANFT & KNIGHT,PC PAGE 11/11
.
6.13
The parties both agree to cooperate with each other in obtaining a final divorce of the
marriage. It is agreed that the parties will execute and file the consents necessary to obtain the
divorce. Anyparty who fails to cooperate with obtaining the Divorce shall pay all the costs and legal
fees of the party who is seeking the divorce.
IN WITNESS WHEREOF, the parties have set their hands and seals the day and year first
above written.
Darlene F. Tritt
William R. T tt, Jr.
DFT &J- WR.T, Jr. Page 10 of 10
n.%c Co
D -_
-
L 4 r)
-gym
_.
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY
STATE OF PENNA.
DARLENE F. TRITT,
VERSUS
WILLIAM R. TRITT
NO. 2002-5520
DECREE IN
DIVORCE
AND NOW, ?] k ?l , 2003 , IT IS ORDERED AND
DECREED THAT DARLENE F. TRITT
, PLAINTIFF,
AND WILLIAM R. TRITE DEFENDANT,
ARE DIVORCED FROM THE BONDS OF MATRIMONY.
THE COURT RETAINS JURISDICTION OF THE FOLLOWING CLAIMS WHICH HAVE
BEEN RAISED OF RECOF% IN THIS ACTION FOR WHICH A FINAL ORDER HAS NOT
YET BEEN ENTERED; +\VI/? +w t?-
The Separation Property Settlement Agreement dated August 27, 2003 is
BY THE COURT:
ATTEST:
J.
PROTHONOTARY
, ,: