Loading...
HomeMy WebLinkAbout97-01511 I ! ) I I I <:" t '- - - d I v E- . I -? I I I .~ I - I - - 0 Cd , C. I . I j / , f ~ F J . .. - - If) - I r ' 0-1 I ~1 i , ! ) . . ~-~~---~~-~-~-------~---------. ~ ~- -----~~- ~ W Q ~ * 81 8 8 8 8 8 8 8 8 8 8 , 8 8 8 8 . . ~ 8 8 8 8 8 8 8 8 8 ~ : n, T;{./ZC;;',U.d 81 ^ll"'~.~~,,<,e F~~ -I ~~~ y >>d-, ~ '/ PI'ftlhonoIAr: ll:,. ....: ~,-- '.,C. _... ...'. :. '.. ... 'le- '.. .. .:c. .:c. .le- ':It ':00;.>>: .:e;. .:e; ..:.: .~: :It .:} l., ~ IN THE COURT OF COMMON PLEAS 8 ~ OF CUMBERLAND COUNTY It' STATE OF ~~ PENNA. JAMES A MCCOLLIM ".-.., ............ ItSl( N n, .......~?::.~.~.i.1T~~,. II) V(!I'SlIS CINDEE L MCCOLLIM DECREE IN DIVORCE AND NOW. .. ..l...l ) .1":;-, .. .. .. . , .. ", 19.1.?. it is ordered and decreed that '" ,J~S. 1d1f;f;PJ.J..lJf. .. . .. .. .. .. .. , .. .. .. .. .. .. ", plaintiff, and. .. . . .. .. .. ..<;:ttil1~I;;,I, .l'1GGQI,r,.~l'1.. . .. .. .. .. , . .. , , . . .. ,. ..., defendant, are divorced from the bonds of matrimony. *This Decree incorporates a Separation and Property Settlement Agreement dated July 2 'rIi1 997. '" d" f h f II ' I' hi h h e court retains IUrlS Ictlon 0 t e 0 owmg calms w cave been raised of record in this action for which a final order has not yet been entered; . . . . . . . . . . . . . . . ....-,. -., ... ..... '" ..,. .........,.. >, ". .......,.,....... ......., .......,.. -"'" -'. ,', * 8 ~ ... .' ~ 8 8 ,) S 8 $ 8 S I~ ~ I~ is /8 .8 8 8 8 ;8 :8 8 ~ .' 8 8 ;8 8 8 ~ ;-.; ~ ~ J, ~ ~ ~ . . IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW James A McCollim, No, 97-1511 Plaintiff v, Cindee L, McCollim, Defendant IN DIVORCE SEPARATION AND PROPERTY SETTLEMENT AGREEMENT This Agreement made this61dayof ~~ .1997,byandbetween James A McCollim of York County, Pennsylvania, of the first part, hereinafter referred to as "Husband"; and Cindee L. McCollim ofCumber1and County, Pennsylvania, party of the second party, hereinafter referred to as "Wife". WITNESSETH: WHEREAS, Husband and Wife were married on May 19, 1973 in Lower Burrell, Westmoreland County, Pennsylvania. WHEREAS. there is one child born of this marriage, Robert J. McCollim, born December 13, 19n. WHEREAS, Husband and Wife are residents of the Commonwealth of Pennsylvania and have been so for at least the past six months; WHEREAS, certain differences have arileD between the parties hereto and IS a consequence, they have lived separate and apan since Febnwy I, 1997. 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, dete.luine their rights to alimony, support and other matters wbidJ may be considered under the Divorce Code; and WHEREAs, it is the intention and purpose of this Asreement to set forth the respective rights and duties of the parties wbiIe they continue to live apart from each other and to settle all financial and property rights betwe~ them; and I . WHEREAS, the parties hereto have mutually entered into an agreement of the division of their jointly owned assets, the provision for the liabilities they owe, and provision for the resolution of their mutual differences, after both have had full and ample opportunity to consult with attorneys of their respective choice, the parties now wish to have that agreement reduced to writing. NOW, TIIEREFORE; the parties hereto in consideration of the mutually made and to be kept promises set forth hereinafter and for other good and valuable consideration, and intending to be legally bound and to legally bind their heirs, successors, assigns and personal representatives, do hereby covenant, promise and agree as follows: ARTICLE 1 SEP(\RATION 1.1 It sha11 be lawful for Husband and Wife at a11 times hereafter to live separate and apart from each other and to reside from time to time at such place or places as they sha11 respectively deem fit, free from any contro~ restraint, or interference, direct or indirect, by each other, Neither party shall molest the other or compel the other to cohabit or dwell with him or her by any legal or other proceedings. The foregoing provisions 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 part. ARTICLE II DIVORCE 2.1 This agreement is not predicated on 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 the execution and delivery of this Agreement is not predicated upon nor made subject to any agreement for institution, prosecution, defense, or for the non-prosecution or non-defense of any action for divorce, provided, however, that nothing contained in this Agreement shall prevent or preclude either of the parties hereto from commencing, instituting or prosecuting any action or actions for divorce, whether absolute or otherwise, upon just, legal and proper ground, nor to prevent either party from defending any such action which has been. mayor sha11 be instituted by the other party, or from making any just or proper defense thereto. It is warranted, coveuanted, and represented by Husband and Wife, each to the other that this Agreement is lawful and enforceable and this warranty, coveuant and representation is made for the specific purpose of inducing Husband and Wife to execute the Agreement. Husband and Wife each knowingly and understandingly hereby waive any and all possible claims that this Agreement is, for any reason, illegal or unenforceable in whole or in part. Husband 2 one party to education, training or increased earning power to 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 or dissipation of each party in that acquisition, preservation, depreciation, or appreciation of marital property, including the contribution ora party as a homemaker, the value of the property set apart to each party, the standard of living of the parties establisbed during their marriage, the economic circumstances of each party, including federal, state and 10ca1tax ramifications, at the time of the division of the property is to become effective. 3.1 The division of existing marital property is not intended by the parties to constitute in any way a sale or exchange of assets. The division of property under this Agreement shall be in full satisfaction of all rights of equitable distribution of the parties. 3.3 Tanllible Personal Prooertv. The parties acknowledge that they have divided their tangible personal property to their mutual satisfaction. Husband waives a11 right. tide and interest in all tangible personal property currendy in the possession ofWtfe. Wife waives all right, tide and interest in all tangible personal property currendy in the possession of Husband. 3.4 - ...> Trailer. Husband agrees to transfer a11 right. title and interest in the Raystown Trailer to Wife. 3.5 D2.u. Wtfe agrees to transfer all right. title and interest in the Raystown Harris Pontoon and boating equipment to Husband upon receipt of$4,350.00. 3.6 Canoe. Wife agrees to transfer all right. title and interest in the canoe to Husband. 3.1 Ftshin, Boat a: Trailer. Wife agrees to transfer all right. title and interest in the GrumaIl fishing boat and trailer to Husband. ~ 2, The aforementioned account shall remain open no later than June 30, 2001, unless the parties agree otherwise. 3. In the event that Robert J. McCollim fails to return to school for any semester, unless the parties agree otherwise, the account shall be closed. 4. In the event that Robert J. McCollim fails to maintain a cumulative grade point average of2,O, the account sha11 be closed unless the parties agree otherwise. 5, In the event that there are funds remaining in the account at the time the terms set forth above expires or the account is closed, said funds sha11 be divided evenly between the parties. 6, It is agreed that a copy ofRobert J. McCollim's grade report sha11 be mailed to the parties after each reporting period, 7. It is understood by and between the parties that it is anticipated that Robert J, McCollim sha11 finance $14,500 of his undergraduate college education from his own private funds, loans, stipends, scholarships or other sources of financial aid available to him. 8. It is understood by and between the parties that those amounts deposited in the aforementioned Prudential account are the only sums which the parties are obligated to expend for their son's undergraduate education. 9. It is understood by and between the parties that if after Robert J. McCollim's contributions are applied to the cost of tuition, books and lodging and if the balance remaining on said costs is less than the funds deposited in the aforementioned account, then the funds remaining in the Prudential account sha11 be divided between the parties herein. ARTICLE IV ~ The parties acknowledge that they are joint owners of certain real property, commonly known u 840 South York Road, DiIlsburJ, York County, PamsyIvania. Wd'e agrees to transfer aD right, title and interest in said real estate, In contideration of the transfer ofWd'e's interest of said rat estate Husband agrees to pay unto Wife the IUlIl of 565,705.00. The parties agree that Wife sha11 be paid out of the proceeds of the refinancing of the mortpge secured by said real estate. Wd'e agrees to transfer aD riJht. tide and interest in the CIlIlp in TIOllIIt& to Husband. 6 7.3 Mutual Release. Husband and Wife each do hereby mutually remise, release, quitclaim and forever discharge the other and the estate of such other, for a11times to come and for a11 purposes whatsoever, of and from any and all rights, title and interest, or claims in or against the property (including income and gain from property hereafter accruing) of the other or against the estate of such other, of whatever nature and wheresoever situate, which he or she now has or at any time hereafter against such other, the estate of such other, or any part thereof, whether arising out of any former acts, contacts, engagements, or liabilities of such other as by way of dower or curtesy, or claims in the nature of dower or curtesy or widow's or widower's rights, family exemption, or similar allowance, or under the interstate laws, or the right to take against the spouse's estate whether arising under the laws of (a) Pennsylvania, (b) any state, commonwealth or territory of the United States, or (c) any country, or any rights which either party may have or at any time hereafter have for past, present or future support or maintenance, alimony, alimony pendente lite, counsel fees, costs or expenses, whether arising as a result of the marital relation or otherwise, except and only except. a11 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 each other by execution of this Agreement a full. complete and general release with respect to any and a11 property of any kind or nature, real or personal, not mixed, which the other now owns or may hereafter acquire, except and only except, a11 rights and agreements and obligations of whatsoever nature arising or which may arise under this Agreement or for the breach of any thereof. 7.4 Release ofTestamentarv Claims Except as provided for in this Agreement, each of the parties hereto shall have the rights to dispose of his or her property by Last Will and Testament. or otherwise, and each of them agrees that the estate of the other, whetha- real, personal or mixed, shall be and belong to the person or persons who would have become entitled hereto as if the decedent had been the last to die. This provision is intended to constitute a mutual waiver by the parties of any rights to take against each other's last Wi1ls under the present or future laws of any jurisdiction whatsoever and is intended to confer third party beneficiary rights upon the other hein and beneficiaries of each other party hereto. Either party may, however, make such provisions for the other IS he or she may desire in and by hit or her Last Will and Testament. Each of the parties further covenants and agrees that he or she will permit any Will of the other to be probated and a110w administration upon hit or her personal, real or mixed estate and effects to be taken out by the person or persons who would have been entitled to do 10 had Husband or Wife died during the lifetime of the other and that neither H\Illhaftd IIOf Wife will claim against or contest the Will and the estate of the other. Each of the (lItties hereby releases. relinquishes and waives any and all rights to let IS executor or executrix . n 't:> 0 t'. ..., . .~, ~.;& '~ , - . v.... '" ';;Ij tn. ..,,', , <- I ., ITl ?' \9 , ~ , . , .>=- -:0;.'. . ;1 ,'-" J() .n ',''In ;;-. ~-,; ~d S! '" ~ (1\ n \.-0 0 S', -J ""1'1 0, f:._ ::.J r}:~." S ~1 :n ';';~.'. -'- ...... :..~ ._.~ I -oJ ;.0 -. . ~O ~. '31 ., ~<) . k <0 ()Ol .. ::;:i ,. ", -- , ?Ji '<:. (7\ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA Jim McCollim, Plaintiff No.Q7-/5'I( ~ T~ v. CIVIL ACTION - LAW Cindee L. McColtim, Defendant IN DIVORCE COMPLAINT IN DIVORC~ I. The Plaintiff, Jim McCollim, is an adult individual who cumntly resides It 840 South York Road, DiIIsburg, York County, Pennsylvania 17019. 2. The Defendant, Cindee L McCollim, is an adult individual whose current address is 315 Camp Bell Place, Camp Hill, Cumberland County, Pennsylvania 17011. 3. Plaintifrhas been a bona fide resident of the Commonwealth of Pennsylvania for at least six months immediately prior to the filing of this Complaint. 4. The Plaintiffand the Defendant were married on May 19, 1973. 5. The parties separated on or about February I, 1997. 6. Neither party has instituted lIlY prior action of divon:e or annulment with regard to this marriage in this or any other jurisdiction 7. There are no minor cbiIdra1 by this marriage. Neither party is . member of the Armed Forces of the United States of 8. America. 9. The marriage is irretrievab/y broken. I t t ~ \ ;l IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Jim McCollim. Plaintiff No. ~ !' v. CIVIL ACTION - LAW Cindee L. McCollim, Defendant IN DIVORCE Ct;RTIFICATE OF SERVICE I hereby certify that I have served a true and correct copy of a Complaint in Divorce via United States Certified Mail, Return Receipt Requested, upon the following: Cindce L McCoIlim 315 Camp Bell Place Camp Hill, P A 170 II Date: .~/ /'-Ijti'l ;;1.'1-:"'/.- ~ /) '7 tl iLIA. t.J CJuistinl M. Werner, Secretary . ,. . APR] 7 1qcn t;t- IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION . LAW JIM MCCOLLlM, PlaintilT No. 97-1511 v. CINDEE MCCOLLlM Defendant IN DIVORCE AND NOW""~Y' . ,.:jr. ;, """" OW-!.... the Caption in the above referenced case corrected by chariging the spelling of the PlaintilTfrom Jim McCollim to James A. cCollim; and by changing the spelling of the Defendant from Cindee McCollim to Cindee L. McCollim. BY TIlE COURT: J. (') .0 C> r~ -J .,\ ".. ,., .,,\, -rl ',;1 C:" -;:;.J T. ,~ ~?: - ., . ,'" :~ (,;..." ~, r;. ~ '- ., ':!l ?:> ;(.) ,.. ,11 ,.-- W .) ;. ... , '.1\ '. ~ _:. (0) 0.;, ." ~ '7\ t:. 4 r ,. I - .4 ' " - n \D 0 C -.I -" :<: . H:..i ........ ;; ." ~:; 'F ;.:c I )~ ~L -.J ,~: ~.. , ~ . i , i,: r", ):!J ...-0 '. '. "" ,':..jfl1 ,- . --i -~ -~ ..., ::.0 (To ~ ~ ( ~. . 0 \..') !tl ":: .... ;.;;.: t... ~J ~, r~ i;];! . r- ~;8 :'~': I 'Cn .... ~6 - '. ~ ;3:J \.C .-~fJ ~;; .. .;:~ .... :....J ...., ~l C7'\ ... ".. , '... . IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA James A. McCollim, Plaintiff lS \ l No. 97-H#Civil v. CIVIL ACTION - LAW Cindee L. McCollim, Defendant IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER SECTION 3JOICc) OF THE DIVORCE CODE I, 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 ifl do not claim them before I divorce is granted. J. I understand that I will not be divorced until I divorce decree is entered by the Court and that I 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 hUe and correct. I understand that false statements herein are made subject to the penalties of 18 PI. C.S. 14904 relating to unsworn falsification to authorities. Date: June 22. 1997 ~ 1/, )f/}~~ .FA McC rnm.PIaintiff. lunes. 0 / C) \0 0 r-. ..... .t' ~ . cJ ~::... ;;..-:. 'l";'l. ~~ r.:. ;-": . - .:.. , -..l ':>0 ~ ,- '-::I... , ~ ..~~ ~~ -- ,-- .co oJ L. .. :;< :.' ,') .~ -I ~ -< 0\ .... . 0 ..0 () L~ ...J """ -.- :::.1 "..- ." ;:n ,- I ,.m -J :? 0 ~ .. .1'n . "l:n ..CJ ':? ;':)lt1 ..:. .'-.) '- CT_ ~ . f..... . .,.... r: \.0 <0 -J '., '..- , ,- ;;J . I .. ?J -.J :/., :~.~ ;" :U ; ,..:..) /J , 'il I " ::1 (;'\ ....