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HomeMy WebLinkAbout97-01733 ~ . ~ . 3 ~ Co o ~ I'l1 ~; t--. ~: I I I 1 I I ! i , , , I j 1 I \ , , \ ..._,,~ .', "") " /~ ,.f. .. l I 1 i . ..J'/~'9;; (y.~;'~ ~ 4/~ .3'/'~'~ ';7Ai- ,4(~~~ ~ . ~ , I I ,I ,[ il , MARITAL SETTLEMENT AGREEMENT THIS AGREEMENT, made this -JLJIh day of February, 1999, by and between John W. Morrow, Jr. (hereinafter called "Husband"), of 100 Susquehanna Avenue, Eno1a, Cumberland County, Pennsylvania and Jenifer Ann Morrow, (hereinafter. called "Wife"), of IOO Susquehanna Avenue, Enola, Cumberland County, Pennsylvania. WITNESSETH: and WHEREAS, Husband and Wife were married on July 4, 1992; WHEREAS, the parties have two (2) minor children as of the date of this Agreement, said children being: Kerrianne Ashton Morrow, date of birth 3/07/91, and Heather Megan Morrow, date of birth 10/11/92; and WHEREAS, differences have arisen between Husband and Wife in consequence of which they have agreed to live separate and apart from each other; and WHEREAS, Husband and Wife desire to settle and determine finally and for all time certain aspects of their mutual property rights and other mutual rights resulting from said separation; and WHEREAS, the parties hereto, have come to the following mutual agreement. NOW, THEREFORE, the parties intending to be legally bound, hereby covenant and agree: I. Divorce. It is specifically understood and agreed by and between the parties and each party does hereby warrant and represent to the other that, as defined in the Divorce Code, their marriage is irretrievably broken. John W. Morrow, Jr. has filed an action in divorce to No. 97-1733 in the Cumberland County Court of Common Pleas, Cumberland County, Pennsylvania. The parties agree to take all legal steps (including the timely and prompt submission of all documents and the taking of all actions) necessary to assure that a divorce pursuant to Section 3301(c) of the Divorce Code is entered as soon as possible, but in any event no later than March 1st, 1999. Husband and Wife shall at all times hereafter have the right to live separate and apart from each other and to reside from time to time at such place or places as they shall respectively deem fit, free from any control, restraint, or interference whatsoever by the other. Neither party shall molest the other 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 or unlawfulness of the causes leading to their living apart. 2. Disposition of Tanqible Personal Property. Except as otherwise provided herein, the parties have divided all household goods, furnishings, and other tangible personal property in an equitable fashion. Husband and Wife agree that Husband is to receive a selection of Husband's choice of the following items of personalty, to be removed on or before August I, 1999, with the date and time to be agreed upon by Wife: a. Master Bedroom furniture b. Living Room television c. Living Room VCR d. Camcorder e. Living Room stereo f. Philco floor model radio g. Yellow desk h. Filing cabinet i. Safe j. Coin collection k. John's personal property, gift & possessions 1. Metal wardrobe closet m. Metal daybed n. White dresser o. Girls bunkbed p. John's son's possessions and belongings Except as expressly provided herein, Husband forever relinquishes any right or interest he may now or hereafter have in any assets now belonging to Wife, and Wife forever relinquishes any right or interest she may now or hereafter have in any assets now belonging to Husband. 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 each, with full power in the owner to dispose of the same as fully and effectively, in all respects and for all purposes, as though each were unmarried. J. Disposition of Debt. Husband and Wife have incurred the following joint debts: (complete as needed) (a) Mortgage - Approximately $58,000.00 to PNC Bank If applicable, Husband hereby agrees to pay in full the (a) debt sum in full and agrees to be solely responsible for the repayment of that sum. In keeping with this provision, Husband shall indemnify, defend and hold Wife harmless to and from any and all claims in connection with this obligation. 4. Child Support. Husband agrees to pay mortgage as child support until Wife is able to refinance home. When refinance process is completed by Wife, Husband agrees to pay child support based on calculations pursuant to Supreme Court Rules, Commonwealth of Pennsylvania, as determined by Domestic Relations. Further, Wife agrees to continue to provide and pay for medical health insurance for the minor children as long as it is financially possible for her to do so. Husband agrees to pay Fifty (50%) percent of all co-payments and unreimbursed medical expenses for physician services, prescriptions and any other related medical costs together with a percentage of the deductible payments. In the event Wife is separated from employment which separation was neither voluntary nor for cause then the parties hereto agree to modify this provision. 5. Child Care. Husband agrees to pay for one-half (1/2) of the monthly child care costs to Wife for the two (2) minor children. The current cost of childcare as of the date of this agreement is Fifty ($50.00) Dollars per week during the school year and Seventy-five ($75.00) Dollars per week during the summer months. This cost may increase from year to year. Not to be applied until March 1, 2000. 6. Transfer of Automobile. that Wife is to remain the owner Van and Husband is to remain the registered in his name. 7. Intanqible Personal Property, Bank Accounts, Stocks and/or Investments. With the exception of the following specified items, any accounts which are currently in Wife's name alone shall remain in Wife's sole and separate property. Any accounts which are currently in Husband's name shall become Husband's sole and separate property. Husband and Wife each agree that they will execute any documents necessary to accomplish this purpose provided, however, that the PNC Savings Account is Husband's name alone shall be distributed as follows: $670.00 to Wife and the balance to Husband. Husband and Wife agree of the 1992 Ford Aerostar owner of all other vehicles 8. Life Insurance. Any life insurance currently owned by either of the parties shall remain in the name of the current owner and each party waives his or her right to make any claim thereagainst. 9. Marital Residence. Husband agrees to convey by Deed to Wife alone. All rights, title and interest to the marital residence located at 100 Susquehanna Avenue subject to the following; Wife to indemnify and hold Husband harmless on account of the mortgage. In the event Wife refinances the marital residence, the refinance process must begin and/or be completed by March 1, 2000, as set forth above. Husband's equity in the marital residence shall be $3,000.00 payable at the time of refinance. In the event Wife sells the marital residence property, Husband's equity at the time of sale of marital residence is and shall be determined at date and time of sale of the marital residence based on one-half (1/2) of the amount of net proceeds, however, said amount shall not be less than $3,000.00, plus interest at five (5%) percent per annum. "Husband shall receive proof of payment of the mortgage each month". 10. Other Real Estate. Husband and Wife agree that Husband shall retain sole ownership of the Arkansas land. 11. Alimony/spousal Support. Both parties specifically agree to waive any and all claim each may have to alimony or any other form of financial support from the other. i i . 12. Pension, Profit Sharinq and Thrift Plans. (N/A) Husband hereby specifically waives his claim to any employee benefit provided to Wife by Wife's employer, including Wife's contributory and non-contributory interest in any pension plan, profit sharing plan, savings and thrift plan, stock ownership plan or any other employee benefit of present or former employers, all of which shall hereafter be the sole and separate property of Wife. This clause shall also include any KEOGH, SEP or IRA accounts or deferred annuity in Wife's name. Wife hereby specifically waives her claim to any employee benefit provided to Husband by Husband's employer, including Husband's contributory and non-contributory interest in any pension plan, profit sharing plan, savings and thrift plan, stock ownership plan or any other employee benefit of present or former employers, all of which shall hereafter be the sole and separate property of Husband. This clause shall also include any KEOGH, SEP or IRA accounts or deferred annuity in Husband's name. 13. Full Disclosure. The respective parties do hereby warrant, represent and declare and do acknowledge and agree that each is and has been fully and completely informed of and is familiar with and cognizant of the wealth, real and/or personal property, estate and assets, earnings and income of the other and that each has made a full and complete disclosure to the other of his or her entire assets and liabilities and any further enumeration or statement thereof in this Agreement is hereby specifically waived. 14. Releases. Each party does hereby remise, release, quit-claim and forever discharge the other and the estate of the other from any and every claim that each may now have, or hereafter have or can have at any time, against the other, or in and to or against the other's estate, or any part thereof, whether arising out of any former contracts, engagements or liabilities of the other, or by way of dower or claim in the nature of dower, widow's rights, or under the intestate laws, or the right to take against each other's will, or for support or maintenance, or of any other nature whatsoever, except any rights accruing under this Agreement. Both parties further expressly waive their right to claim alimony, alimony pendente lite, counsel fees and equitable distribution except as provided for herein. 15. Indemnification. 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 intitated 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 damage, including without limitation, counsel fees and other costs and expenses reasonably incurred in investigating or attempting to avoid same or in opposing this 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 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 consititute the basis for a claim for indemnity pursuant to the terms of this Agreement. 16. General Provisions. This Agreement constitutes the entire understanding of the parties and supersedes any and all prior agreements and negotiations between them. There are no representations or warranties other than those expressly set forth herein. Each party acknowledges and accepts that this Agreement, under the circumstances, is fair and equitable and that it is being entered into freely and voluntarily 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 collusion or improper illegal agreement or agreements. Each party having been fully advised or having had the opportunity to be fully advised as to their rights under the Divorce Code of 1980, as amended, with regard to alimony, alimony pendente lite, counsel fees and expenses, and equitable distribution of property, desires to execute this Agreement acknowledging that the terms and conditions set forth herein are fair, just and equitable and hereby further waives any right to have the Court of Common Pleas of Cumberland County or any other court of competent jurisdiction make any determination or order affecting their respective rights to divorce, alimony, alimony pendente lite, counsel fees and expenses and equitable distribution. Husband and Wife agree that Wife alone shall have the right to claim the children as dependents on her income tax return. Each party shall on demand execute any other documents that may be necessary or advisable to carry out the provisions of this Agreement. This Agreement shall be construed under the laws of the Commonwealth of Pennsylvania. 17. Merqer. In the event that either of the parties shall recover a final judgment or decree in absolute divorce against the other in a court of competent jurisdiction, the provisions of this Agreement may be incorporated by reference or in substance but shall not be deemed merged into such judgment or decree and this Agreement shall survive any such final judgment or decree of absolute divorce and shall be entirely independent thereof. 18. The parties hereto understand and agree that a divorce will be obtained by Husband pursuant to 3301(c) of the Pennsylvania Divorce Code and that each party hereto will execute the necessary Affidavits of Consent and other documents necessary to finalize the divorce prior to March I, 1999. 19. Tax Obliqations. Husband and Wife have filed federal and state income tax returns for the past several years jointly. To the extent that any obligations remain due and owing as a result of the past filing of thoso joint tax returns, Husband and Wife agree to assume fifty (50%) percent each to pay said obligations. Husband and Wife agree to claim fifty (50%) percent each of any refund due vs. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 97 - 1733 CIVIL ACTION - LAW IN DIVORCE JOHN W. MORROW, JR., plaintiff JENIFER A. MORROW, Defendant 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(cl of the Divorce Code. 2. Date and manner of service of the complaint: Service effected April 8, 1997, by Certified Mail IP 417 668 158, upon Defendant, Jenifer A. Morrow, at 100 Susquehanna Avenue, Enola, PA 17025. 3. (Complete either paragraph (al or (bl. (a) Date of execution of the Affidavit of Consent required by Section 330l(c) of the Divorce Code: by Plaintiff 2-16-99 ; by Defendant 2-16-99 (b) (I) Date of execution of the Plaintiff's affidavit required by Section 330l(c) of the Divorce Code: ; (2) date of service of the Plaintiff's affidavit upon the Defendant: 4. Related claims pending: None 5. (Complete either (a) or (b).) (a) Date and manner of service of the notice of intention to file praecipe to transmit record, a copy of which is attached: (b) Date Plaintiff's Waiver of Notice in S330l(c) Divorce was filed with the prothonotary: 2-19-99 Date Defendant's Waiver of Notice in S3301(c) Divorce was filed with the prothonotary: 2-19-99 submit ed bY:" 5'. --- '\ . R. Eri rce, Esquire Attorn\l? for D~fendant 73 Ced~r Avenue, P.O. Box 775 Hershey, PA 17033 (717) 533-8652 1.D. I 43813 Dated: 21/10 1 qq :- ,.... >- r.r, c:: ',; .. ,..: ~ , :r ~~I ~~;; " J . r , . ~C f '..- '" 'J. ~.~ ,- .1 CJr , . ,~) ":0 Ql ('oj '.:"-:- l~~' . ~;:% 5:1.- (',:, ,1;U 1'-. LLJ :'.1''- 1,- I'. m :.) Q C;) Q ., .. ,. ,,::.,',,' ...., (......-- ;':.., , " 't"" c"'" ;';,:'" i JOHN W. MORROW, Plaintiff, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA q .} _ 17 ~ 3 CwJ T.;_~ NO. VB. JENIFER A. MORROW, Defendant, CIVIL ACTIO~ - LAW IN DIVORCE CONSOLIDATED COMPLAINT IN DIVORCE 1. Plaintiff is JOHN W. MORROW citizen of Pennsylvania, residing at 100 Susquehanna Avenue, Eno1a, Pennsylvania 17025. 2. Defendant is JENIFER A. MORROW a citizen of Pennsylvania, residing at 100 Susquehanna Avenue, Eno1a, Pennsylvania17025. 3. plaintiff and Defendant are sui juris and have been bonafide residents of the Commonwealth of Pennsylvania for at least six months immediately preceding the filing of the Complaint. 4. The parties are husband and wife and were lawfully married on July 4, 1992. 5. The marriage is irretrievably broken. 6. Neither Plaintiff nor Defendant is in the military or naval service of the United States or its allies within the provisions of the Soldiers' & Sailors' Civil Relief Act of the Congress of 1940 and its amendments. 7. There instituted has been no prior act ion COl.' di.vol.~ce or annulment by either oC the parties in L1lio or any other jurisdiction. 8. The PlaintifC has been advioed of the availability oC counseling and oC the right to request that the COUl"t require the parties to participate in counseling. COUNT I Request for Divorce Due to Irretrievable Breakdown Under 3301(c) of the Divorce Code 9. The prior paragraphs oC this Complaint are incorporated herein by reCerence thereto. 10. 1~e marriage of the parties is irretrievably broken. 11. After ninety (90) days have elapsed from the date of the filing of this Complaint, Plaintiff intends to file an affidavit consenting to a divorce. Plaintiff believes that Defendant may also file such an affidavit. 12. Plaintiff has been advised of the availability oC counseling and that Plaintif f and Defendant have the right to request the Court to require the parties to participate in such counseling. WHEREFORE, if both parties file affidavits to a divorce aCter ninety (90) days have elapsed from the filing oC this Complaint, Plaintiff respectfully requests the Court to enter a Decree oC Divorce, pursuant to 3301(c) of the Divorce Cod~. VERIFICATION I, JOHN W. MORROW, JR. verify that the statements made in the Complaint 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. x . '- Qf~q;~_ J !IN W. MORRO, JR. .,.- ("I J ,\, o' ,- "'I .,' if. . ~ ~ ...; c;; !.:{ L.)~ '" (, ~:/ ;-;...., ,\, ftC'1 :0:: ":':<~ ~ <Q ~;L tJ.. ~1;j . " ~ -... " ("'I . 'cr> ~ 0 I::: I ~;' ~~; lJs [ill" o.~ "j(i) ..; '0. . (" .-!~ -' ~, J'~ ~ \).. l\c r- ..J ~ ~ CJ G' '...) ~ '.;;;;- -....3 .. r) r- ~ '-"'" c~ ~~, '< JOHN W. MORROW, JR., Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 97-1733 vs. JENIFER A. MORROW, Defendant Civil Action - Law In Divorce AFFIDAVIT OF CONSENT 1. A Consolidated Complaint in Divorce under Section 330l(c) of the Divorce Code was filed on April 3, 1997. 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety (90) days have elapsed from the date of filing 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 unsworn falsification to authorities. Date: J-/I.?-'1J fl;L /4L- II JO~RROW, :rnt ss# 19 G - '1 "il- J 72 7 I ~ r- ~ .:2 ;;': 6\ ::;)..r UJ0. '-) =-.... L2(-~ ._1;::" r-::i' oG _:'l'~j (~) ': :.:",;;; i '. : cr, o~~.' ....-.. lJ.J'.- I r.::?~ _I" 0:> .L'tlJ u.: c' W ." .,- j- \.L- ..-.; !.l. el' ::i 0 C/'l (,) 11: r-- ~ <( -" " 1,- : 5...r <.) 0' ~;: 1..-",: ~) :'!";.. p,: !' ..,.;: -, .1. ~) '..l~J (;'1 (' 0" . ~rJ1. 0" . ~l :--: Lil' ' ..,.- -, -~tl CO '':::J~U !:Co, l:.1 ~' !fl. l-=. u... :3 I,i- C\ u m U >- r- '- q; .:: l- ,. >::= CA ~j...- we! l_)~; '-)"':oo ..... :..l;"~ li::~_-: '<t CI::J '.1- ~_ 9' ." '- (. e1l . . 1../) ell:-: '.J/. ':::iL. :C% c::: ~UIIJ u.: ~, . W .("In.. ." lL. " ,_. '5 lJ. 0'\ 0 0'\ G , . I', " , , JOHN W. MORROW, JR., Plaintiff IN THE COUnT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA vs. NO. 97-1733 JENIFER A. MORROW, Defendant 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 in Divorce without notice. 2. alimony, I do not I understand that I may lose rights concerning division of property, lawyer's fees or expenses if 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. S4904, relating to unsworn falsification to authorities. Date:j{DuOCj 1(1 J9C'fi (pt-U ow, Defendant 5S' 1805lf LfJ7S i5: cD E=,: ,..,. .:{ ''1..,.. I:::; c;, U.l4..j: ():';: 0"' .- ('~i.: rol . :a: L. :I~. '-);-:j 1;)("- '.- " (j\ ;-,:(j) el' ,. ~..,.. ..1.- u.ll:-. u;z ~lt. ~ ,~uJ 0> ...1 .::+u... j;; u.. ... ~ . LO. CI' ~) 0 (j\ u JOHN W. MORROW, JR., Plaintiff vs. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. q7- 173 J JENIFER A. MORROW, Defendant CIVIL ACTION - LAW IN DIVORCE PROOF OF SERVICE I, R. ERIC PIERCE, Esquire, Attorney for Defendant, hereby certify that my client, Defendant, was served the Complaint in Divorce under Section 3301(c) of the Divorce Code of 1980 as Amended by Act 13 of 1988 by accepting same by certified mail P 417 668 158 in the United States mail, postage prepaid, at the following address: Ms. Jenifer A. Morrow 100 Susquehanna Avenue Enola, PA 17025 Attached is a copy of Certified Mail #P 417 668 158/ delivered 4/9/97, as proof of mailing. CE, Esquire for Defendant Avenue, P.O. Box 775 Hershey, Pennsylvania 17033 (717) 533-8652 1.0. #43813 ~ ~ U.S, POSTi,GE PHln CH..c- Hh..L.~... 17QII ~PR 0,. g7 HMJi.J~,1 ...~,Ti...n,,'IJ 1'0""1.......-, JAMES M. BACH. AttorneyalLaw 352 S. Sporting Hill Road, Mechanicsburg, PA 17055 onoo $2.75 OOOIBI~5'0~ . . .J "'I \, " ,(~ MS. ]ENlFER A. MORROW c' .. 100 SUSQUEHANNA A VENUE }" ENOLA, PA 17025 i '(G:<:s-242.:l lH 1",111",11'"."1,'11,1",1",'.,1..1,11I..,11",11.,,1,,,11 i J I -- C) .:-- 0; ,;': .-- j.:l..: ~~ r' l'i '. I '. l'-'- . ( ) ~ , t~: ~ ll.. '," " (-';") ~ . ., r'll I , li '. I ( : , '1"1 i:" , ., ,,, , .- " CO'' ':j C1 tf' 0