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HomeMy WebLinkAbout97-01755 , *~,~~*~**_*_**,~*ro***~,)~,~,:*,~~re*~:~'~ $ - ---- '--.- -_.........---...-_...~~-~---_...-...... ~ -.- , .... .---,,-.,.~--------....------ ~ w ~.' ~ IN THE COURT OF COMMON PLEAS .;, ~ w ',' COUNTY OF CUMBERLAND STATE OF 1~jr; \' ."'I'~".,'r PENNA. s .;, ., i ~.' ~ W <:' .., ~ ,Tracy L. .Scott, Plaintiff Yt.'I':,lIS Ricky L. Scott, Defendant N (I. n-:: 17.5 ?. G~vJl,.,~erm w '.' ,;, or. ~ '.' w '.' .'. ~ .' w '.' w ',' ~ ~ ',' DECREE IN I V 0 R C E j II ~ooftM .........' , ....~..... 19~~.. it is ordered and ~ AND NOW, ' .'. ~ ~.' decreed that., :r::r:~c,~ ,~,', ,~C:C:>~,t"".""""""..",."...... plaintiff, and, ... ,~~P.~Y, ~'" ,!i<?~,t,t:, .. .. , ...., .., , .. .. , ... , , .., , , .. , ... defendant, are divorced from the bonds of matrimony, ? ~ .'~ ~ ,,' ~ '.' / ~ 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; .'. ~ ~ " ~ The parties' Separation and Property Settlement Agreement .... ,........ ............... .... .......... ...... .,. .,.... ... ..... ..... ...., ". :, .qq.t:~,d, .J;'~pr,lIq.rY. :j" ,l,9,!:/ e, ,i.,!; ,iPP,QI;p9,r,q tfilP, ,hlil+'!'l,i,'l. , , . . , , . . , , , , . , . . , , , w ~.' ~ ... 8 ,;, ';'. ~. J, ~ " ~ .' <I ~ <I ~ ~ ------ - ~~~*~-*********~.*.~** Prothonolary .~ -:.;. .:t;' .:+:. .:~;. .:+;. .:.:- .:+:. .:+:. .:.:- .:+:.' ~ ,~ ~ '.' ~ ~ '0' W '0' !i! '0' W '.~ ,,~ ~ ,', ~ ,0. ~ ~ ,0. ~ Q ... Q '0' ~ !~ Q ',' W '0' W '0' . ~ S .. ~ ~.' Q ~.~ ~ ~ ~ $ ~ ~ ~ ~ ~ ~ ~ ~ ~ I'." I ,':(: (..' I~ ! , ! j , own choosing, and being fully advised of their respective rights, that the following provisions are in the best interests of the parties, all of the provisions hereof having been agreed upon between them without coercion, duress or undue influence on the part of either of the parties hereto as against the other party, and each of the parties being familiar with the financial and economic position of the other party, each having made a full and complete disclosure of all assets owned and possessed by the parties at the time of the Agreement. NOW THEREFORE, in consideration of the covenants and prom- ises hereinafter mutually agreed to be kept by each party, as well as for other good and valuable consideration, the parties hereto, intending to be legally bound hereby, have agreed as follows: 1. INCORPORATION. The foregoing recitals are incorporated herein and made a part as if set forth at length. 2. SEPARATION AGREEMENT. It shall be lawful for Husband and Wife at all times hereafter to live separate and apart from each other and to reside from time to time at such place or places as they shall respectively deem fit, free from any control, re- straint or interference, direct or indirect, by each other. Neither party shall molest the other or compel or endeavor to compel the other to cohabit or dwell with him or her by any legal or other proceedings. The foregoing 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 apart. 3. DIVISION OF MARITAL PROPERTY. The parties have attempted to divide their marital property in a manner which conforms to the criteria set forth in Section 3502 of the Pennsylvania Domes- tic Relations Code as amended, and taking into account the fol- lowing considerations: the length of the marriage; any prior marriages of the parties; the age, health, station, amount and sources of income, vocational skills, employability, estate, liabilities, and needs of each of the parties; the contribution by one party to the education, training or increased earning power of the other party; the opportunity of each party for future acquisition of capital assets and income; the sources of income of both parties, including, but not limited to, medical, retirement, insurance or other benefits; the contribution or dissipation of each party in the acquisition, preservation, depreciation or appreciation of the marital property, including the contribution of a party as a homemaker; the value of the property set apart to each party; the standard of living of the parties established during the marriage; the economic circum- stances of each party, including Federal, State and local tax ramifications, at the time of the division of property is to become effective; and whether the party will be serving as the custodian of any minor children. A. REAL ESTATE. Right, title and interest in the residence known and designated as 126 C Street, Carlisle, Pennsylvania shall remain in joint names between the parties. Wife shall be responsible for and shall hold Husband harmless from any and all financial obligations due as taxes, insurance, judgments, liens, encumbrances, or mortgages against the real estate. The parties agree to cooperate in any joint decision to sell the property in the future. B. VEHICLES. Wife does hereby release, remise and quit- claim any interest in Husband's 1984 Mercury Topaz. Wife does also release, remise and quitclaim all right, title and interest in the parties 1986 Honda Prelude. Husband shall be responsible for and shall hold Wife harmless from all payments upon two loans from Members 1st Federal Credit Union secured by the vehicle. C. OTHER MARITAL PROPERTY. The parties are currently in possession of all other personal property which they have to retain as their sole and exclusive possession. Personal property includes, but is not limited to, housewares, furniture, appli- ances, tools and bank accounts. The parties do hereby release, remise and quitclaim all right, title and interest to property in the name of the other party, including, but not limited to, employee deferred compensation plans and life insurance policies, including, but not limited to, Husband's Lutheran Brotherhood account. 4. DEBTS AND OBLIGATIONS. Husband shall be responsible for and shall hold Wife harmless from all payments due and owing on the parties' VISA credit account and Northwest Financial account. The parties acknowledge that from the time of their separa- tion to the date of this Agreement that each has incurred various financial obligations individually, and each party agrees to be responsible for and to pay all such individual obligations which he or she may have contracted, and each party hereby further agrees to indemnify and save harmless the other against any and all loss, damage, action, claim, cost or expense which may result from the failure of such party to pay such obligations as and when they may become due. 5. CHILD SUPPORT. Husband shall pay to Wife $135.00 each week for the support of the parties' two children: Kyle L. Scott (dob 4/6/92) and Logan R. Scott (dob 10/13/96). Husband shall be responsible to maintain health insurance coverage upon the chil- dren as provided by his employer at reasonable cost to him. Wife agrees to pay all outstanding medical bills relating to the children at this time. The parties shall share equally in the responsibility for payment of all future medical expenses not covered by insurance. This arrangement is made in recognition of the debts that each party takes responsibility for in the Agree- ment. , '^ 6. CUSTODY. Husband and wife shall share legal custody of the parties' children, meaning that they shall share the legal right to make major decisions affecting the best interest of the children, including, but not limited to, medical, religious and educational decisions. Wife shall have primary physical custody of the children. Husband shall enjoy periods of partial physical custody with the children from Friday evening through Saturday each week and on holidays and other times as agreed between the parties. 7. RELEASES. Each party for himself or herself, his or her heirs, executors, administrators or assigns does remise, release and quitclaim and forever discharge the other party, his or her heirs, executors, administrators or assigns, or any of them of any and all claims, demands, damages, actions, causes of actions, or suits at law, in equity, of whatsoever kind or nature, for or because of any matter or thing done, omitted or suffered to be done by the other party prior to and including the date hereof, except as preserved by this Agreement, and further provided that this release shall in no way affect the cause of action in divorce which has been instituted. 6. VOLUNTARY AGREEMENT. The provisions of this Agreement and their legal effect are fully understood by the parties hereto after having ample opportunity to review and discuss the provi- sions hereto as well as questions pertinent thereto, Husband being represented by Paul B. Orr, Esquire and Wife being repre- sented by James K. Jones, Esquire. The parties acknowledge that they fully understand the facts and are fully informed as to their legal rights and obligations. They acknowledge and accept this Agreement as fair and equitable, that it is being entered into freely and voluntarily and that the execution of this Agree- ment is not the result of any duress or undue influence. 7. OTHER DOCUMENTS. The parties covenant and agree that they will forthwith execute any and all written instruments, assignments, releases, satisfactions, deeds, notes or other such writings as may be necessary or desirable for the proper imple- mentation of this Agreement. 8. ENTIRE AGREEMENT. This Agreement constitutes the entire understanding between the parties, and there are no covenants, conditions, representations or agreements, oral or written, of any nature whatsoever, other than those herein contained. 9. MODIFICATION AND WAIVER. No modification of any of the terms of this Agreement shall be valid unless in writing and executed with the same formality as this Agreement. No waiver of any breach or default hereunder shall be deemed a waiver of any subsequent breach or default of the same or similar nature. 10. INTERPRETATION. This Agreement shall be interpreted in accordance with the laws of the Commonwealth of Pennsylvania as of the date of this Agreement. If either party commences an action against the other to enforce any of the terms of this Agreement or because of the breach by either party of the terms hereof, the losing or defaulting party shall pay the prevailing TRACY L. SCOTT, IN TilE COURT OF COMMON PLEAS Plaintiff : : CUMBERLAND COUNTY, PENNSYLVANIA VS. : CIVIL DIVISION RICKY L. SCOTT, : NO.97-1755 CIVIL TERM Defendant : PRAECIPE TO TRANSHIT 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 53301(c) ~~M~~IJ of the Divorce Code. (Strike out inapplicable section). 2. Date and manner of se=vice of the complaint: Delivered to ~ttorney for Defendant; Acceptance of Service signed April 4, 1997 3. Complete either paragraph (a) o~ (b). (a) Date of execution of the affidavit of consent required lly 53301(c) of the Divorce Code: by plaintiff December 22,1998 by defendant March 2, 1998 (b)(l) Date of execution of the affidavit required by S330lid) of the Divorce Code: ; (2) Date of filing and service of the plaintiff's affidavit upon the r~spondent: 4. Related claims pending: The parties' Separation and Property Settlement Agreement dated February 3, 1998 is to be incorporated in the decree. 5. Complete either (a) or (b). (a) Date ~nd manner of service of the notice of intention to file praecipe to transmit record, a copy of which is attached: (b) Date plaintiff's filed with the Prothonotary: Date defendant's filed with the Prothonotary: Waiver of Notice in 5330l(c) Divorce was Waiver of Notice in 5330l(c) Divorce was March 13, 1998 /' /"" ) c: / .' At tQl;'ncy for (P ~ntiff)kR<<~~~k .,.. Ul >- ii; u': t:~ ,.:.:~ 9 " . ;c' .. 11.1. ; - ( l' " " {:o< .- . ..t- '" " .-..,..., ,~)~ . -, ~ , .-' '\'-' "J <" . uJ" '/ __J,. t.J .iHn l~ ~ III ..~ ~;.- " , c.:. - L~. (C) ::.i u ~ 0 ~' TRACY L. SCOTT Plaintiff, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO . '/'1 - / 7 )-5- CIVIL TERM v. CIVIL ACTION--LAW RICKY L. SCOTT Defendant IN DIVORCE COMPLAINT IN DIVORCE 1. Plaintiff is TRACY L. SCOTT, who currently resides at 126 C Street, Carlisle, Cumberland County, Pennsylvania. 2. Defendant is RICKY L. SCOTT, who currently resides at 15 Pine Grove Road, Gardners, Pennsylvania. 3. Plaintiff and defendant have been bona fide residents in the Commonwealth for at least six months immediately previous to the filing of this Complaint. 4. The plaintiff and defendant were married on October 8, 1994 in Carlisle, Pennsylvania. 5. There have been no prior actions of divorce or for annul- ment between the parties. 6. The marriage is irretrievably broken. 7. Plaintiff has been advised that counseling is available and that plaintiff may have the right to require the parties to participate in counseling. 8. Plaintiff requests the court to enter a decree of di- vorce. Respectfully submitted, Q~L (~, Jam~s K. Jones, Esquire Attorney for ~laintiff 7 Irvine Row Carlisle, PA 17013-3019 (717) 240-0296 I verify that the statements made in this Complaint are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. 94904, relating to un- sworn falsification to authorities. '(;~ h / ,/-' 5/[7//' TRACY L ._ycOTT ~ \ -c; 'or) ,,', "'- ~ "- >: C:I ,'. U r.. C'~ r--...... ~, ~ ,.- N "''J (' '_~ "" w--: .J ;.:..: 0,' ~ '-oS) fE-' :<: ) ~.~: '" ~I~ ~ --,::-j '.::t (, - ~ I'- l"" @" -~. : ~.f) "-'<::> "" ,. I I',: I ~.~. I . .-' ',' ~e t:1:11' (Y', "Ii;) -, c:. , F ..,; '~l~ '0- S 0 r- <1" ~) TRACY L. SCOTT Plaintif f IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO.97-l755 CIVIL TERM vs. CIVIL ACTION--LAW RICKY L. SCOTT Defendant IN DIVORCE AFFIDAVIT OF CONSENT 1. A complaint in divorce under ~3301(c) of the Divorce Code was filed on April 4, 1997. 2. The marriage of plaintiff and defendant is irretrievably broken and ninety days have elapsed from the date of filing and service of the complaint. 3. I consent to the entry of a final decree of divorce after service of notice of intention to request entry of the decree. r 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 1B PA.C.S. ~4904 RELATING TO UNSWORN FALSIFICATION TO AUTHORITIES. DATE: /:{--:J,:),1Ft T~~~.YcO~7{ >- In ;0- /r; u; /..; " I.:: ~ " i l: ,; , <. , - , :!-:. .., (~J ;. '. .J,: -. ; . '. , ~ J : 1.;-, ., <:,,' '.- L. I ".'l/j /.. fU.. , c.. I!. ('l:- -) u 01 U TRACY L. SCOTT Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO.97-1755 CIVIL TERM vs. CIVIL ACTION--LAW RICKY L. SCOTT Defendant IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER ~ 3301(c) OF THE DIVORCE CODE 1. I consent to the entry of a final decree of divorce without notice. 2. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if I do not claim them before a divorce is granted. 3. I understand that I will not be divorced until a divorce decree is entered by the Court and that a copy of the decree will be sent to me immediately after it is filed with the prothono- tary. 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 1B PA.C.S. ~4904 RELATING TO UNSWORN FALSIFICATION TO AUTHORITIES. DATE: I ~ - (},(i - ~ 'if ~ Ck/ Yfb~ - TRACY L! SCOTT ~. U'l G; '"I. lJ-: j.:: , ~ " (- ,._' 11.1.. " ~,-l ; .. t ~- .. .. , .. " Cl: " 'I (~~ ! ... 0" , I.ll' -.:!' /.. (, 'i, u '". \. .' tl.. C- II. ,,"1 ::..i 0 c;, (.) TRACY L. SCOTT Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 97-1755 CIVIL TERM vs. CIVIL ACTION--LAW RICKY L. SCOTT Defendant IN DIVORCE ACCEPTANCE OF SERVICE I accept service of the Complaint in Divorce on behalf of Date: '1l q so. Ricky L. Scott and certify that I a } Orr, Esquire 78 West Pomfret street Carlisle, PA 17013 ~ ~. :- '. '" F m J.".. ~r' \ ._, ~- -:.-0 ~[~ ~!: i:'~ ....:0: OJ::; ... r--- 'r; Lt.,,- I .} ~~; ~\; c: It;] r-.: Ll, ,'Cl.. .-. t5 ,... ::i 0" u