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Home My WebLink About97-00864 ) I , ! i 1 , I i i I I I ~ 1 I 1 , I I ~ ( , I I I I I I I I . .. i I .~ 1 CJ I '='- I ~) <:3-- ! i ~! CRYSTAL D. OATES. Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY. PENNSYLVANIA NO. 97 . 864 CIVIL CIVIL ACTION. LAW IN DIVORCE v. DANIEL G. OATES. Defendant PRAECIPE TO WITHDRAW CLAIMS TO THE PROTHONOTARY: Please withdraw the claims for Equitable Distribution, Alimony, Alimony Pendente Lite, Counsel Fees and Expenses In the above-captioned divorce action. CONNELLY, REID & SPADE Date: /eJ.-I'1-Cj7 By: J hn . onnel A or ey . tiff 108.112 Walnut Street Post Office Box 963 Harrisburg, PA 17108 (717) 238-4776 PA I,D. No. 15615 , , ~ . , , , .:+:. .:+:.' .:+:. .:<<. .:+:. .:.:. .:+:. .:<<. .:<<. .:c. .:<<. .:.:- .:+:. .:.:- .:+:. .~,. .:+:. .:+:. .:+:. .:+:. :- .:+:. ':':', ':.:. .:+:. .:+:. .:+;. '. .' .:....~, ,. .~4 ~ __.-.-..______ ,__ .___,_...--....~_~__... ......_'..._~____r~ ___ -----:.. ~:... ~ v ~ ~ ~.' ~ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY ~ STATE OF ~~ PENNA, ," ~ s ". :, 8 ~ 0:0 ~ ',' ,'. ~ .. CRYSTAL I). OATES, . Plaintiff i\ (), . ....,~.7..::,.8.~4 c.!Y.!k...... ,', ~ w ... ~ ~, ~ ',' VPI'1H1.'; DANIELG. OATES, ~ Defendant W ',0 " ~ ~, ~ DECREE IN DIVORCE AND NOW, ..D.~,":"I b.J...2 ~....... 19,~ ,?.., it is ordered and ~ '.' ~~ ~ i. ," ~ decreed that ,',"" ,<;:~y.~t,ap)~ ~I\t,e,s, , , , , , , , , , , , , , , , , , , , , , , , , , " plaintiff, and, , , , , " , , ,1Jllniel O"Qlltes , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , " defendant, are divorced from the bonds of matrimony, ~ ~ ,.' w ~, w ~, 8 The court retains jurisdiction of the following claims which have been raised of record in this action for which a final order has not yet been entered; None ~ ~ ~, ~ ',' , , , , , , , :rh,e, \Igl\<:~~d ~.r!>p~m ,S,e,lq~I]1~!1~.~g~~~I)1,e.n.t, i,s,l)~~llqy' 'I)C;Q~p'Qr,a.tl!,d, .l~l\t,I)Q\ ,~~~g:e~"i,n,I!>,~~i~.I?e~~eeIn.I?~v<!rc.e,."",.",."""""."""""""""" , ". ~ w ~.' ~ ,.' Dy The W~ t Off" /, Alle.l: ~~uNnME'~.~~J' ~;ta... K~, ~ Prothonotary W f.' w .., ~ .' ~ ~ :7. t;-;,.;--:;;;: ,it:: ':'.' .- ~ ~~**_*~*********~'~***ID~'~' 8 ~ ~ ~ ',' M " w ~, ~ ,'. ~ a '.' ~ ,', ~ ,'. ~ ,;, " M .' ~ ~~ ~ '.' ~ ~ '.' ~ ", ~ w ~.' ~ ',' ~ ',0 ~ ~ *- ',' ~ * I~ I.,. I~ l~ I~ ~~ ,~ ;~ ~ ( I,', )~ , , , .. . PROPERTY SETTLEMENT AGREEMENT THIS AGREEMENT, made thls-W...day of ~-t/)(H..t. _ ,1997, by and between DANIEL G. OATES, hereinafter called "Husband", and CRYSTAL D, OATES, hereinafter called "Wife", WITNESSETH: WHEREAS, Husband and Wife were legally married on January 7, 1994; WHEREAS, one (1) child was born of this marriage, Shelby E. Oates, date of birth December 28, 1994; WHEREAS, differences have arisen between Husband and Wife In consequence of which they desire to live separate and apart from each other; and WHEREAS, Husband and Wife desire to settle and determine their rights and obligations. NOW THEREFORE, in consideration of the promises and covenants contained herein, it is agreed by and between the parties hereto that: 1. SEPARATION. It shall be lawful for each party at all times hereafter to live separate and apart from each othu: 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 part of either party of the lawfulness or unlawfulness of the causes leading to their living apart. 2, INTERFERENCES, 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. In addition, each of the parties hereto completely understands and agrees that neither shall do or say anything to the child of the parties at any time which might In any way Influence the child adversely against the other party, 3. DIVISION OF PERSONAL PROPERTY, The parties have divided between them to their mutual satisfaction, personal effects, household goods and furnishings and all other articles of personal property which have heretofore been used in common by them, and neither party will make any claim to any such items which are now In the possession or under the control of the other. Should It become necessary, each party agrees to sign any title or documents necessary to give effect to this paragraph, upon request, Husband shall transfer title to the parties' jointly held 1994 Nlssan Altima to Wife Individually. Wife shall indemnify and hold Husband harmless on the debt to Pennsylvania National Bank, 4, CUSTODY, The parties agree that Wife shall have primary physical custody of the parties' minor child, Shelby E, Oates, date of birth December 28, 1994, with partial custody rights in Husband as agreed upon between the parties from time to time. , , 5, SUPPORT. Husband pays spousal and child support through the Court of Common Pleas, Dauphin County, Domestic Relations Section, Indexed to 25a DR 96, There Is presently a modification hearing on said Order scheduled for October 29, 1997, at 1:15 P.M.. Any modifications to the said Order shall be controlled through the Court of Common Pleas, Dauphin County, Pennsylvania, 6, TAX ON PROPERTY DIVISION. 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, 7. ASSUMPTION OF DEaTS. Husband agrees to pay the outstanding furniture debts due and owing to Norwest Financial and Good's Furniture and Husband agrees to Indemnify and hold Wife harmless on said debts. All further debts incurred by the parties shall be their individual responsibility. a, 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 3 . , 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, 9, FULL DISCLOSURE. Husband and Wife each represent and warrant to the other that he or she has made a full and complete disclosure to the other of all assets of any nature whatsoever In which such party of every type whatsoever and all other facts relating to the subject matter of this Agreement, 10. ADDITIONAL INSTRUMENT. Each of the parties shall on demand execute and deliver to the other any deeds. bills of sale, assignment, consents to change of beneficiary on Insurance policies. tax returns and other documents and do or caused to be done any other act or thing that may be necessary or desirable to the provisions and purposes of this Agreement. If either party fails on demand to comply with this provision, that party shall pay to the other all attorneys' fees, costs and other expenses reasonable incurred as a result of such failure. 11. 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 Husband harmless from any and all claims or demands made against him by reason of debts or obligations Incurred by her. 4 r 12. 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 Wife harmless from any and all claims or demands made against her by reason of debts or obligations incurred by him, 13. WAIVERS OF CLAIMS AGAINST ESTATES, 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 limitation, dower, curtsy, statutory allowance, wldow's allowance, 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, to the request of the other, execute, acknowledge, and deliver any and all instruments which may be necessary or advisable to carry Into effect this mutual waiver and relinquishment of all such Interests, rights and claims, 14. REPRESENTATION. It Is recognized by the parties hereto that Daniel G, Oates is represented by John R, Fenstermacher, Esquire, and Crystal D. Oates is represented by John J. Connelly, Jr., Esquire, It is fully understood and agreed that by the signing of this 5 r Agreement, each party understands the legal Impact of this Agreement and further acknowledges that the Agreement Is fair and reasonable and each party Intends to be legally bound by the terms hereof, 15, VOLUNTARY EXECUTION. 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, 16. 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. 17. 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, 18, 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. 6 , 19. GOVERNING LAW. This Agreement shall be governed by and shall be construed In accordance with the laws of the Commonwealth of Pennsylvania, 20. INDEPENDENT SEPARATE COVENANTS. 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, 21, 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. 22. ENTRY AS PART OF DECREE. It is the Intention of the parties that this Agreement shall survive any action for divorce which may be Instituted or prosecuted by either party and no order, judgement or decree of divorce, temporary, final or permanent, shall affect or modify the financial terms of this Agreement. This Agreement shall be made a part of any such judgment or decree of final divorce. 23, DIVORCE ACTION. The parties shall, at the time of the execution of the Agreement. execute documents necessary to finalize the divorce action including, but not limited to, the 7 "- ~, ;0-. c-; -' , .' l! ' . , " .' l ,+.-, ( " I ,.. , L. , I .. C; 0- w . "- co ",- .... [-: ~. ...:. , ,- ~~ ..... UJ"- - (:".' h-' , , - ,-, .. , (j' 2-,: re. LL;" ~ _.J r2 Lo..: ~.; c' i;: -- ,. r- ~.:; 0 0' U >- ca ',. rr. r.. '. ~..:: j ,-, -. .. f. '. ~ _- ; ", ... j~~1 ,- 1'_" (II..:. '.. ,:" ':::1 Cl: l".I- ~~l . ::~j ..... ' ,. .. -,. l.. r- a c.' cr " " , I , v. : IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 97 . 864 CIVIL CRYSTAL D. OATES. Plaintiff DANIEL G. OATES. Defendant CIVIL ACTION - LAW IN DIVORCE DEFENDANT'S AFFIDAVIT OF CONSENT AND WAIVER OF COUNSELING 1. A Complaint In Divorce under Section 3301 (c) of the Divorce Code was flied on February 19, 1997. 2. The marriage of the Plaintiff and Defendant Is irretrievably broken, and ninety days have elapsed from the date of both the 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. 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: jJ::i~"77 12d.1~ ~ a) ~ I-' :-~1< u..'(") ..:: (..)~ . , -' :-.~ .,- f'- ( , c: .. . -T ,,:,"j Lr' 9c , ; .. Of' 0:. C! , Ul ~. .; ...J u:" L '1:1 .1 -':1':'" ~- ~ r- ::; a- U CRYSTAL D. OATES. Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY. PENNSYLVANIA NO. 97 - 864 CIVIL v. DANIEL G. OATES, Defendant CIVIL ACTION. LAW IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER S 33011cl 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 t.o me immediately after It Is flied with the Prothonotary, I verify that the statements made in this Affidavit are true and correct, 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: ! (.' ;l.'i - '/7 ~ eX) r;; ',l 1-- ., : -.' 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