HomeMy WebLinkAbout00-03801
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IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY
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STATE OF
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Ti llr:t T. Fi ~~p 1
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Pla.intiff
No. 00-3801 Civil Term
VERSUS
Derek J. Fi"",,]
Defennrmt-
DECREE IN
DIVORCE
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,::z co I , IT IS ORDERED AND
AND NOW,
DECREED THAT
Tina L. Fissel
, PLAINTIFF,
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Derek J. Fissel
AND
, DEFENDANT,
ARE DIVORCED FROM THE BONDS OF MATRIMONV.
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THE COURT RETAINS JURISDICTION OF THE FOLLOWING CLAIMS WHICH HAVE
BEEN RAISED OF RECORD IN THIS ACTION FOR WHICH A FINAL ORDER HAS NOT
vET BEEN ENTERED;
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It is further ordered that the terms of the attached Octoher 10,
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2000 Marital Settlement Aqreement are hereby incorporated. but
not merged, into this final Decree.
Bv THE COURT:
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MARITAL SETTLEMENT AGREEMENT
THIS AGREEMENT, made this S D day of ~;,,-.-, 2000, by and
between Derek J, Fissel, hereinafter called "Husband", social security number
165-54-9865, and Tina L. Fissel, hereinafter called "Wife", social security
number 180-62-2954.
WHEREAS, Husband and Wife were lawfully married on August 5, 1995,
in York County, Pennsylvania;
WHEREAS, differences have arisen between the parties and it is the
intention of Wife and Husband to live separate and apart, and the parties hereto
desire to settle fully and finally their respective financial and property rights and
obligations as between each other including, without limitation by specification:
the settling of all matters between them relating to the ownership and equitable
distribution of real and personal property; the settling of all matters between
them relating to the past, present and future support, alimony and/or
maintenance of Wife by Husband or of Husband by Wife; and in general, the
settling of any and all claims and possible claims by one against the other or
against their respective estates.
NOW THEREFORE, in consideration of the mutual promises, covenants
and undertakings hereinafter set forth and for other good and valuable
consideration, receipt of which is hereby acknowledged by each of the parties
hereto, Wife and Husband each, intending to be legally bound hereby covenant
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and agree as follows:
1.. SEPARATION AND NON INTERFERENCE:
It shall be lawful for each party at all times hereafter to live separate and
apart from each other at such place as he or she from time to time shall choose
or deem fit. The foregoing provision shall not be taken as an admission on the
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part of either party of the lawfulness or unlawfulness of the causes leading to
their living apart.
Each party shall be free from interference, authority and control by the
other, as fully as if he or she were single and unmarried, except as may be
necessary to carry out the provisions of this Agreement. Neither party shall
molest or attempt to endeavor to molest the other, or in any way harass or
malign the other, nor in any other way interfere with the peaceful existence,
separate and apart from the other.
2. RECONCILIATION:
This Agreement shall not be deemed to have been waived, extinguished,
discharged, terminated, invalidated or otherwise affected by a reconciliation
between the parties hereto, cohabitation between the parties, a living-together or
resumption of marital relations between them. They shall not be deemed to
have reconciled with the intention of vitiating or terminating this Agreement
unless they make such actions through a written instrument, executed and
acknowledged in the same manner as this Agreement.
3. ENFORCEMENT:
The parties acknowledge that Wife filed to Cumberland County Court of
Common Pleas, Pennsylvania, Docket Number 00-3801 Civil, a no-fault divorce
action pursuant to section 3301 (c) of the Pennsylvania Divorce Code.
It is specifically understood and agreed by the parties that the provisions
of this agreement relating to equitable distribution of property and all other
matters contained herein including but not limited to support, alimony, alimony
pendente lite, counsel fees, costs and/or expenses are accepted by each party
as a final settlement for all purposes whatsoever, as contemplated by the
Pennsylvania Divorce Code,
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Each party shall execute any and all documents which may require his or
her signature for the purpose of effectuating all of the terms and conditions of
this Agreement so as to give full force and effect to this Agreement.
Should a decree, judgment or order of separation or divorce be obtained
by either of the parties in this or any other state, country or jurisdiction, each of
the parties hereby consent and agree that this Agreement and all of its
covenants shall not be affected in any way 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. It is
specifically agreed, however, that a copy of this Agreement or the substance of
the provisions thereof, may be incorporated by reference into any divorce,
judgment or decree.
4. WAIVER OF SPOUSAL SUPPORT/ALIMONY/ALIMONY PENDENTE
LITE, COSTS AND EXPENSES:
Husband and Wife hereby acknowledge that they have been advised that
each may have the right to assert a claim for spousal support, alimony, alimony
pendente lite, costs and/or expenses. Further, Husband and Wife acknowledge
that they understand that said rights are available in the divorce action.
Husband and Wife further acknowledge that they are aware of the income,
education, income potential, and assets and holdings of the other or have had
full and ample opportunity to become familiar with such items. Nevertheless,
Husband and Wife acknowledge that they are able to support and maintain
themselves comfortably, without contribution from the other beyond that as
provided for in this Marital Settlement Agreement, upon the income and assets
owned by each of them,
Husband and Wife hereby accept the mutual covenants and terms of this
Agreement and the benefits and properties passed to them hereunder in lieu of
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any and all further rights to support or alimony for themselves, counsel fees, and
alimony pendente lite at this time and during any and all further or future actions
of divorce brought by either of the parties hereto and the parties do hereby
remise, release, quit claim, and relinquish forever any and all right to support,
alimony, alimony pendente lite, counsel fees and expenses beyond those
provided for herein, during the pendency of or as a result of any such actions, as
provided by the Divorce Code of Pennsylvania or any other applicable statute, at
this time and at any time in the future.
5. EQUITABLE DISTRIBUTION:
A. REAL ESTATE:
709 Hamilton Circle, Mechanicsburg, Cumberland County,
Pennsylvania, 17055
Husband and Wife are owners as tenants by the entireties of 709
Hamilton Circle, Mechanicsburg, Cumberland County, Pennsylvania, 17055,
referred to herein as either the "premise" or "marital residence",
1, Year 2000 Mortgage Interest Deduction
Husband and Wife agree that Wife shall have the sole right to claim all
mortgage interest payments made during the year 2000 on her year 2000
income tax returns.
2, Occupancy and Sale
Currently, the marital residence is occupied by Wife. The marital
residence is presently listed for sale through a listing agreement with Re/Max
Realty Associates to be sold on or before December 31, 2000. Wife shall have
exclusive possession of the marital residence until the marital residence is
sold.
3. Occupancy Expenses
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~~~o Wife agrees to pay and be solely responsible for common expenses,; ~
Ih , ' incurred during her sole occupancy of the marital residence prior to the sale of ~,~ .
/I) / ;)Jl the marital residence. These expenses include present and future costs or ~~MO
~ P liabilities associated with or attributable to maintaining the marital residence 7'" f ~
;!f3Of()O (except as provided herein), including but not limited to, all real estate taxes, ~ J 3) 0 J
tL6 ~IJ310/ water and sewer rents, gas, electric and telephone service, homeowners
insurance, and gardening expenses and repairs, and Wife shall keep Husband
and his successors, assigns, heirs, executors, and administrators indemnified
and held harmless from any liability, cost or expenses, including attorneys' fees,
which are incurred in connection with such maintenance, cost, and expenses or
resulting from Wife's occupancy in the marital residence,
~ ~\~31 u\ Husband agrees that if the marital residence has not sold and gone to ~ ~\~?I 01
~ settlement by December 31, 2000, then Husband shall pay no more than ~r{c
d!1J (W..> ~W ~ .J,Vt- (.fJH;OOJO\.lu. k.
JJIJ loO !'i.-S AI:IAareel elellElfS, ~2Q'G.9Q) per month to Wife which shall be applied to the DO ('00
10 1P( mortgage of the marital residence; said payment to be received by Wife on or
~ before th..e~r<) pay, of ea.yr h month ther.eafle , commencing January, 2001. fllJIJUIIi ~AIL
00 u .lJt 1II4jJO~ lc II1Mt ~ /JIII~ Ot 0.. ~d /lot -6> UeIltt a, /fI61d4
( rEo/'~ 4, Costs in prepfuatio f sale - - ~~
lib JIa:31 bl Husband and Wife agree to share equally the cost of any reasonable ~ (o(~ofeo
~~ expenses incurred to prepare the marital residence for sale. Such costs are to .
"ft(3Fo be paid from the Members First Federal Credit Union checking account 178180, ~a.;\ l)\
~ ~.(~/Ol which is currently owned jointly by Husband and Wife. In the event that the
funds of said checking account are exhausted, Husband and Wife agree to
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contribute equally to the costs of preparing the hOn;)e for sale from their own
individual resources,
5. Sale Proceeds or Deficit
Proceeds:
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1l'f'~#O a, Upon the sale of the marital residence, the net proceedsJ 1~.t4blAUJ.
=~#.t, <t shall be distributed to Husband and Wife in equal shares, after ~
.;(~/'f', o' ~ dod"ct,oo of ," oo,m.' eod ocdi"" ",,', eod ""P""'"' (~~'I
r;t/ "-' associated with such sale including, but not limited to, v-u
commissions, fees, transfer taxes and items included in the Offer to
\:::It ~\ d-.? \ l> I Purchase AgrE;lement, and after satisfaction of the lien of the
existing first mortgage and/or any other lien the parties shall so be
Bugffisfltes SR,S IlelseBPH:J's s~afe \',ill Be 6SffSSI351.eJin@l)
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jointly obligated thereon, MOl E6. ef, Wife slolare sR811 BS
etsereElseet BY tl9s ElITlSOll'1t sf lTleFt~a~e Ilril'lsillElI tl9E1t 'Nife 19E1s I'lEliel
8bJriFlE] Ref esle eJSSbJJ98flSY af t~e ",srital fsais8Ass.
Deficit:
b, Upon the sale of the marital residence, if the parties
are required to take funds to settlement, then any and all deficit at
the closing required from Husband and Wife shall initially be
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divided between Husband and Wife in equal shares. \\'ife's sl9ars 0
will tlgel'1 Be" 8ssrs88e8 81'18 F1OlBB8A8'8 BAare "'Jill t;!Q .+J. ~ ~ 0\
eerre8J3QAgiA~I)'Gl!,l!jFReAte8 t;!y tAQ 8FRQ!,ll'1t sf FRSR!j8€jS J3riAQif'lal \\) , 'j..,\"i..
!Baia BY \.~/i~e'"'EtblriA5t Ref s91s 8eebl~aAe)' sf tAB FR8Fital rssiS8AS8. ~ ~
WAIVER OF PERSONAL 1) MARITAL, TANGIBLE AND
INTANGIBLE, ASSETS AND 2) NON-MARITAL, TANGIBLE AND
INTANGIBLE, ASSETS:
Husband and Wife do hereby acknowledge that they have heretofore
divided to their mutual satisfaction all non-marital and marital assets including,
but without limitation, business interests, partnership(s), inheritance(s), jewelry,
clothing, household furnishings, brokerage accounts, stocks, bonds, life
insurance policies or other securities, Individual Retirement Accounts,
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employer-established retirement accounts as provided below, checking and
savings accounts as provided below, mutual funds, and other assets whether
real, personal or mixed, tangible or intangible.
1 , Bank Accounts
a. West Shore Teachers Federal Credit Union
Husband and Wife acknowledge that there exists a savings account,
number 8805, with West Shore Teachers Federal Credit Union. Husband and
Wife acknowledge that they have divided the funds of said account to their
mutual satisfaction, receipt of which is also hereby acknowledged,
Said account is in Husband's name alone and will continue in his name
alone, Wife does hereby waive any rights or interest in said account.
b, Point Breeze Credit Union
Husband and Wife acknowledge that there exists a savings account,
number 0000558332, with Point Breeze Credit Union, Husband and Wife
acknowledge that they have divided the funds of said account to their mutual
satisfaction, receipt of which is also hereby acknowledged,
Said account is in Wife's name alone and will continue in her name alone,
Husband does hereby waive any rights or interest in said account.
c, Members First Federal Credit Union
Husband and Wife acknowledge that there exists a savings account,
number 178180, with Members First Federal Credit Union, Husband and Wife
acknowledge that they have divided the funds of said account to their mutual
satisfaction, receipt of which is also hereby acknowledged,
Said savings account is owned jointly by Husband and Wife and is tied to
the loan on the 1999 Chevrolet Blazer. Husband and Wife agree that said
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account will be closed within ninety (90) days of refinancing the 1999 Chevrolet
Blazer.
Husband and Wife acknowledge that there exists a checking account,
number 178180, with Members First Federal Credit Union, Husband and Wife
acknowledge that do hereby agree that the funds of said account will be used
only to pay for costs related to the maintenance and sale of the marital
residence as defined above including, but not limited to, closing costs and
reasonable and necessary repairs and costs in preparation for sale,
Husband and Wife agree that within thirty (30) days of settlement on the
sale of the marital residence, the funds of said checking account will be divided
between Husband and Wife in equal shares and the account closed.
Retirement Plans
Husband and Wife do hereby further acknowledge that each is vested in
the retirement plans of their respective current or previous employers.
Wife does hereby forever waive, release and relinquish any and all past,
present and/or future rights or interest in Husband's SERS retirement plan and
agrees to execute any documents that may be required by the plan administrator
to effectuate the intent herein.
Husband does hereby forever waive, release and relinquish any
and all past, present and/or future rights or interest in Wife's Coventry
Healthcare retirement plan (401 K) and Wife's Vector Research, Inc. retirement
plan (401 K). Husband agrees to execute any and all documents that may be
required to effectuate the intent herein.
Husband and Wife further acknowledge and agree that the assets in the
possession of the other spouse shall be that spouse's sole and separate
property, each party hereto specifically waiving, releasing, renouncing and
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forever abandoning whatever claim, if any, he or she may have with respect to
any of the foregoing items which are the sole and separate property of the other.
C. AUTOMOBILES:
1, 1999 Chevrolet Blazer
The parties agree that Wife shall become the owner of the 1999
Chevrolet Blazer automobile and shall have exclusive use, possession and
enjoyment thereof, Said vehicle is titled jointly and Husband shall make,
execute, acknowledge and deliver any and all documents necessary to transfer
the title to Wife, Husband does hereby waive, release, and relinquish any and
all claim to or interest in said motor vehicle,
Title and Refinance
The parties acknowledge that title to said vehicle is encumbered by an
obligation to Members First Federal Credit Union, account number 178180-01,
which they are presently sharing payment thereon, At the time of execution of
this Agreement, Husband and Wife agree to take all steps necessary to have the
debt transferred to Wife's name alone, provided, however, that Members First
Federal Credit Union agrees to such a change. Husband agrees to pay Wife
monthly, any amount in excess of the current monthly loan payment amount of
four hundred twenty-five dollars ($425.00) and the refinanced monthly loan
payment amount required by Wife to refinance said vehicle in her name alone,
Husband agrees to make this monthly payment while the refinanced obligation
remains, For example, if Wife must refinance the debt with a new monthly
payment of five hundred dollars ($500,00), then Husband will pay Wife
seventy-five dollars ($75.00) per month to account for the difference. (The new
monthly loan payment minus $425.00 will equal Husband's monthly payment to
Wife for the motor vehicle refinancing), In any event, Wife agrees that she shall
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be solely responsible for and shall pay and satisfy said obligation, in accordance
with its terms and provisions, and shall indemnify and save Husband harmless
from any loss, cost, or expense caused to him by her failure to make payment of
such debt.
2. 1994 Chevrolet Camaro
The parties agree that Husband shall become the sole owner of the 1994
Chevrolet Camaro automobile, Said vehicle is currently titled in Husband's
name alone. Wife does hereby waive, release, and relinquish any and all claim
to or interest in said motor vehicle, If the title to the said vehicle is encumbered
by any debt or obligation, Husband agrees that he shall be solely responsible for
and shall pay and satisfy said obligation, in accordance with its terms and
provisions, and shall indemnify and save Wife harmless from any loss, cost, or
expense caused to her by his failure to make payment of such debt.
D. INTENT:
This Agreement IS intended to distribute all property of the parties,
whether real or personal, and whether determined to be separate or marital
property, In the event that any property may be omitted from this Agreement, it
is understood and agreed that the person having possession and/or title to such
property following the execution of this Agreement shall be deemed the owner
thereof and each of the parties will execute any and all legal documents without
any charge therefor to evidence title to such property in the other party.
ADDITIONAL DOCUMENTS: Each of the parties shall on demand
execute and deliver to the other any deeds, documents, records or closing
statements relating to the sale of real estate under this Agreement, bills of sale,
assignment, consents to change of beneficiary on insurance policies, tax
returns, bank account ownership forms and other documents and do or caused
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to be done any other act or thing that may be necessary or desirable to the
provisions and purposes of this Agreement
TAXES: Husband hereby agrees to pay all income taxes assessed
against him, if any, as a result of the division of the property of the parties
hereunder. Wife hereby agrees to pay all income taxes assessed against her, if
any, as a result of the division of the property of the parties hereunder.
6. AFTER ACQUIR.ED 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 hereafter acquired by him or her, 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,
The parties hereby agree that, as to all assets not specifically mentioned
herein which are presently titled in the sole name of one of the parties hereto or,
if untitled, are presently in the sole possession of one of the parties hereto, the
party not having title thereto or possession thereof hereby waives, releases,
relinquishes and forever abandons any and all claims therein, and
acknowledges that the party having title or possession of such items shall be the
sole and exclusive owner thereof.
7. DEBTS:
A. Wife's Debts:
Wife represents and warrants to Husband that since the parties'
separation she has not and in the future she will not contract or incur any debt or
liability for which Husband or his estate might be responsible and shall indemnify
and save harmless Husband from any and all claims or demands made against
him by reason of debts or obligations incurred by her.
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B. Husband's Debts:
Husband represents and warrants to Wife that since the parties'
separation he has not and in the future he will not contract or incur any debt or
liability for which Wife or her estate might be responsible and shall indemnify
and save harmless Wife from any and all claims or demands made against her
by reason of debts or obligations incurred by him,
C. Marital Debts:
The parties hereby acknowledge and agree that the debts so identified
hereinabove in section 5 represent all marital debts and financial obli@ations,
Wife does hereby agree to indemnify and hold Husband harmless on the
obligation associated with the 1999 Chevrolet Blazer to the extent so provided,
Husband shall remain responsible for any and all debts of any nature
whether identified herein or not and which are in his name solely and incurred
during the marriage, indemnifying and holding Wife thereon to the fullest extent.
D. Indemnification:
All further debts incurred by the parties shall be their individual
responsibility. Each party represents and warrants to the other that he or she
has not incurred any debt, obligation, or other liability, other than described in
this Agreement, on which the other party is or may be liable. Each party
covenants and agrees that if any claim, action or proceeding is hereinafter
initiated seeking to hold the other party liable for any other debts, obligations,
liability, act or omission of such party, such party will at his or her sole expense,
defend the other against any such claim or demand, whether or not
well-founded, and that he or she will indemnify and hold harmless the other party
in respect of all damages as resulting therefrom, Damages as used herein shall
include any claim, action, demand, loss, cost, expense, penalty, and other
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damage, including without limitation, counsel fees and other costs and expenses
reasonably incurred in investigating or attempting to avoid same or in opposing
the imposition thereof or enforcing this indemnity, resulting to Husband or Wife
from any inaccurate representation made by or on behalf of either Husband or
Wife to the other in this Agreement, any breach of any of the warranties made by
Husband or Wife in this Agreement, or breach or default in performance by
Husband or Wife of any of the obligations to be performed by such party
hereunder, The Husband or Wife agrees to give the other prompt written notice
of any litigation threatened or instituted against either party which might
constitute the basis for a claim for indemnity pursuant to the terms of this
Agreement.
8. FULL DISCLOSURE:
The parties acknowledge that each of them have made a complete and
accurate disclosure to each other of all assets that he or she owns and have had
a full and ample opportunity to consult with counsel of their choice regarding
their claims arising out of the marriage and divorce and that they have
specifically reviewed their rights to the equitable distribution of marital property,
including rights of discovery, the right to compel a filing of an Inventory and
Appraisement, and the right to have the court review the assets and claims of
the parties and decide them as part of the divorce action. Being aware of those
rights, and being aware of the marital property owned by each of the parties, the
parties hereto, in consideration of the other terms and provisions of this
agreement, do hereby waive, release and quitclaim any further right to have this
court or any other tribunal equitably distribute or divide their marital property,
The parties acknowledge that they have been fully advised and informed
of the wealth, real and/or personal property, estate and assets, earnings and
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income of the other and are familiar with and cognizant of such and the value
thereof, or has knowingly waived such advice and/or information. The parties
hereto have been fully advised and informed of all rights and interests which,
except for the execution and delivery hereof, have been conferred upon or
vested in each of them by law with respect to the property or estate of the other
by reason of their marital status, or has knowingly refused or waived such advice
or information,
9. RELEASES:
Except as otherwise herein provided, E)ach party releases and discharges
completely and forever the other from any and all right, title, interest or claim or
past, present or future support, division of property including income or gain from
property hereafter accruing, right of dower and courtesy, right to act as
administrator or executor in the estate of the other, right to distributive share in
the other's estate, right of exemption in the estate of the other, or any other
property rights, benefits or privileges accruing to either party by virtue of said
marriage relationship, or otherwise, and whether the same are conferred by the
statutory law or by the common law of the Commonwealth of Pennsylvania, or
any other state, or of the common law of the United States of America,
It is further specifically understood and agreed by and between the
parties hereto, that each party accepts the provisions herein made in lieu of and
in full settlement and satisfaction of any and all of said parties' rights against the
other for any past, present and future claims on account of support,
maintenance, alimony, alimony pendente lite, counsel fees, costs and expenses,
equitable distribution of marital property and any other claims of each party,
including all claims raised by them in the divorce action pending between the
parties.
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10. 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.
The party breaching this contract shall be responsible for the payment of legal
fees and costs incurred by the other in enforcing his or her rights under this
Agreement, or seeking such other remedy or relief as may be available to him or
her.
11.. REPRESENTATION:
Both parties have been given the opportunity to obtain the advice of
counsel regarding the provisions of this Agreement and their legal effect in
advanCe of the date set forth above to permit such independent review. In the
event either party elects to execute this agreement without the advice of
counsel, he or she shall nevertheless be bound hereby and he or she
specifically and knowingly waives his or her right, if any, to utilize his or her lack
,of legal representation as a basis to attack the validity of this Agreement.
Each party acknowledges that he or she has had the opportunity to
receive independent legal advice from counsel from his or her selection, and that
each fully understands the facts and has been fully informed as to his or her
legal rights and legal obligations, and each party acknowledges and accepts that
this Agreement is, and the circumstances, fair and equitable, and that it is being
entered into freely and voluntarily, after having had the opportunity to receive
such advice and with such knowledge, and that execution of this Agreement is
not the result of any duress or undue influence, and that it is not the result of any
improper or illegal agreement or agreements.
12. VOLUNTARY EXECUTION:
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The provisions of this Agreement are fully understood by both parties and
each party aCknowledges that this Agreement is fair and equitable, that it is
being entered into voluntarily and that it is not the result of any duress or undue
influence, Further, each party acknowledges that he or she has the mental
capacity to understand the terms provided herein and has not been placed
under duress, coercion or any physical or mental stress.
13. ENTIRE AGREEMENT:
This Agreement contains the entire understanding of the parties and there
are no representations, warranties, covenants or undertakings other than those
expressly set forth herein.
14. PRIOR AGREEMENT:
It is understood and agreed that any and all property settlement
agreements which mayor have been executed prior to the date and time of this
Agreement are null and void and of no effect.
15. MODIFICATION AND WAIVER:
Any modification or waiver of any provision 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,
16. GOVERNING LAW:
This Agreement shall be governed by and shall be construed in
accordance with the laws of the Commonwealth of Pennsylvania.
17. INDEPENDENT SEPARATE COVENANTS:
16
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Fissel MSA
It is specifically understood and agreed by and between the parties hereto
that each paragraph hereof shaH be deemed to be a separate and independent
covenant and agreement.
18... VOID CLAUSES:
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,
1i.. CONSENTS TO DNORCE:
The parties agree that they shall execute Affidavits of Consent which shall
be filed with the court along with a Praecipe to Transmit the Record in order that
a Decree in Divorce incorporating the herein agreement can be issued in due
course.
20.. DISTRIBUTION DATE:
The parties' hereto acknowledge and agree that for purposes of
distribution of property as provided for in this agreement, the date of execution of
this agreement shall be known as the Distribution Date,
21.. DATE OF EXECUTION:
The parties hereto acknowledge and agree that the date of execution
referred to herein shall be known as the last date upon which either party
executes this agreement.
17
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IN WITNESS WHEREOF, the parties hereto, intending to be legally
bound hereby, have hereunto set their hands and seals the day and year first
above written,
WITNESS:
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Derek J, Fissel
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Tina L Fissel
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Plaintiff
IN THE COURT OF COMMON PLEAS
Cumberland COUNTY, PENNSYLVANIA
V.
NO. 00-3801 Civil Term
Derek J. Fissel
Defendant
CIVIL ACTION - LAW
IN DIVORCE
PRAECIPE TO TRANSMIT RECORD
To the Prothonotary:
Transmit the record, together with the following information, to the Court
for entry of a Divorce Decree:
1, Ground for divorce: irretrievable breakdown under Section 3301 (c)
of the Divorce Code.
2. Date and manner service of the Complaint: Defendant accepted
service of the complaint on June 22, 2000, filed July 7, 2000;
3. Date of execution of the Affidavit of Consent and Waiver of Notice
of Intention Request Entry of a Divorce Decree required by Section 3301 (c) of
the Divorce Code:
by Plaintiff:
by Defendant:
February 23, 2001
April 1, 2001
Time Stamped date of Waiver of Notice of Intention Request Entry of a
Divorce Decree required by Section 3301 (c) of the Divorce Code:
by Plaintiff: February 27,2001
by Defendant: April 5, 2001
4. Related claims pending: There are no related claims pending,
Respectfully Submitted,
James A. iller, Esquire
rket Street
Ca Hill, PA 17011
7) 737-6400
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SS#180-62-2954
Plaintiff
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
V.
NO. ()o -.21+51
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Derek J. Fissel,
SS#165-54-9865
Defendant
CIVIL ACTION - LAW
IN DIVORCE
NOTICE
You have been sued in Court If you wish to defend against the claims
set forth in the following papers, you must take prompt action. You are warned
that if you fail to do so, the case may proceed without you and a Decree in
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 in the Office of the Prothonotary at the Cumberland
County Courthouse, Carlisle, Pennsylvania,
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
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Tina L. Fissel,
55#180-62-2954
Plaintiff
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
V.
NO. (}-O, 3gb I ~ ~J ~
Derek J. Fissel,
55#165-54-9865
Defendant
CIVIL ACTION - LAW
IN DIVORCE
COMPLAINT IN DIVORCE
1. Plaintiff is Tina L. Fissel, who currently resides at 709 Hamilton
Circle, Mechanicsburg, Cumberland County, Pennsylvania, 17055,
2. Defendant is Derek J. Fissel who presently resides at 709 Hamilton
Circle, Mechanicsburg, Cumberland County, Pennsylvania, 17055.
3. Plaintiff has been a bona fide resident in the Commonwealth for at
least six months immediately previous to the filing of this Complaint
4, Plaintiff and Defendant were married on August 5, 1995, in York
County, Pennsylvania.
5, There have been no prior actions for divorce or annulment
between the parties.
6, The Plaintiff is a citizen of the United States of America.
7. The Defendant is not a member of the Armed Services of the
United States of America.
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.
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COUNT 1
REQUEST FOR A NO-FAULT DIVORCE UNDER SECTION 3301(c)
OF THE DIVORCE CODE
10. The prior paragraphs of this Complaint are incorporated herein by
reference as though set forth in full.
11, The marriage of the parties is irretrievably broken,
WHEREFORE, Plaintiff requests this Honorable Court to enter a decree
dissolving the marriage between Plaintiff and Defendant
Respectfully Submitted,
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SS#180-62-2954
Plaintiff
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
V.
NO. 00-3801 Civil Term
Derek J. Fissel,
88#165-54-9865
Defendant
CIVIL ACTION - LAW
IN DIVORCE
ACCEPTANCE OF SERVICE OF DIVORCE COMPLAINT
I, Derek J, Fissel, Defendant in the above captioned matter do hereby on
the date indicated below accept service of the divorce complaint filed by Plaintiff,
Tina L. Fissel, to the above term and docket.
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Plaintiff
SS#180-62-2954
V.
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
NO.OO-3801 Civil Term
Derek J. Fissel,
Defendant
SS# 165-54-9865
CIVIL ACTION - LAW
IN DIVORCE
AFFIDAVIT OF CONSENT
1, A complaint in Divorce under Section 3301 (c) of the Divorce Code was
filed on June 20, 2000 and service was obtained upon the defendant by
Defendant accepting personal service on June 22, 2000, filed to docket July 7,
2000,
2, The marriage of the Plaintiff and Defendant is irretrievably broken and
ninety (90) days have elapsed from the date of filing the Complaint and service
upon Defendant of the same,
3, I consent to the entry of a Final Decree in Divorce after service of notice
of intention to request entry of the decree.
4, 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 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: ~ - ~ 3 - 0 I
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Plaintiff
SS#180-62-2954
V.
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
NO, 00-3801 Civil Term
Derek J. Fissel,
Defendant
SS# 165-54-9865
CIVIL ACTION - LAW
IN DIVORCE
WAIVER OF NOTICE OF INTENTION TO REQUEST
ENTRY OF A DIVORCE DECREE UNDER
SECTION 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 herein in this affidavit are true and
correct. I understand that false statements are made subject to the penalties of
18 Pa. C.S, A Section 4904, relating to unworn falsification of authorities.
Date:
)-d,,3-01
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Tina L. Fissel
Plaintiff
SS#180-62-2954
V,
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 00-3801 Civil Term
Derek J. Fissel,
Defendant
SS# 165-54-9865
CIVIL ACTION - LAW
IN DIVORCE
AFFIDAVIT OF CONSENT
1. A complaint in Divorce under Section 3301(c) of the Divorce Code was
filed on June 20, 2000 and service was obtained upon the defendant by
Defendant accepting personal service on June 22, 2000, filed to docket July 7,
2000.
2, The marriage of the Plaintiff and Defendant is irretrievably broken and
ninety (90) days have elapsed from the date of filing the Complaint and service
upon Defendant of the same.
3, I consent to the entry of a Final Decree in Divorce after service of notice
of intention to request entry of the decree.
4. 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 made in this Affidavit are true and correct. I
understand that false statements herein are made subject to the penalties of 18
Pa. C.SA Section 4904, relating to unsworn falsification to authorities,
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Plaintiff
SS#180-62-2954
V,
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
NO, 00-3801 Civil Term
Derek J. Fissel,
Defendant
SS# 165-54-9865
CIVIL ACTION - LAW
IN DIVORCE
WAIVER OF NOTICE OF INTENTION TO REQUEST
ENTRY OF A DIVORCE DECREE UNDER
SECTION 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 herein in this affidavit are true and
correct I understand that false statements are made subject to the penalties of
18 Pa. C.S. A Section 4904, relating to unworn falsification of authorities.
Date:
Cf( (01
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PLAINTIFF
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
v.
NO:- 00''3801 Civil Term
Derek J. Fissel,
DEFENDANT
CIVIL ACTION - LAW
IN DIVORCE
NOTICE OF ElECTION TO RETAKE MAIDEN NAME
Notice is hereby given that the Tina L. Fissel in the above matter having been granted a Final
Decree in Divorce from the bonds of matrimony on the t;::il 2-J 2.-lJ-t7/. hereby elects t~ retake and
hereafter use her maiden name of Clark and gives this written notice avowing her intention in
accordance with the provisions of the Act of May 25, 1939, P. L 192, as amended.
DATED:
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Tina L. Ciark
Sworn to and subscribed
before me this A day
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