Loading...
HomeMy WebLinkAbout97-01820 ( ... ~ - . cJ I I , q ~ () ~. ~ ~ II: , ~ ~ \ l;. ~~'. ""\ ) , ./ ,/ .... ., . " /' . . ') '- ~ : ~I , t-- (J'" . Q '< . .:+:. .:.:. .:+:. .:.:- .:.:- .;.:. .:+:. .:+:. .:+:. .:.:. .:+:. .:+:. .:+:. -:+:- .:+:. -:.:. .:.:. .:+:. .:+:. .:t:.':.-.:+:.:-:t:.::-:t:<.:+:.",:+:, .:+:. .:+:. .:.:.>:.:-:~.;~ " . ------ ,---.... -......... .' ~ M , , ~ ... ~ ~ .~ ~ ',' IN THE COURT OF COMMON PLEAS ~ .' ~ ~, ,'. ~ , ~ COUNTY OF CUMBERLAND STATE OF jt~~~ ",~'r w ~, w ,,' ~ ',' ~ ~, PENNA. ~ ',' ~ ',' ~ ,,' " ~ s ~ ... DAVID A. NOHMAN ., 'i *- ',' $ Nil, .....?7.::.~.~.?o ........." 1997 ~ " ~ Plaintiff 8 V(!I~IIS ,', ~ ~ ',' ~ .,CHRISTINA .M.. NOHMAN ~ Defendant ~ .,' ~ .,' ~ !~. " w ... ~ ',' ~ DECREE IN DIVORCE AND NOW, ,.. .'l.b~,~~1...,......, 19~.., it is ordered and ~ .. ~ ,,' 8 8 $ ~ ~ ,.; ~ y ~ ~.~ decreed that ,.." .I.')!'1:V:~~, A,.,,~~,r:rI)?!1, .. .. , ... . . .. .. .. .. .. ...., plaintiff, and, .,.. ..Gbr,i,llt!na ,/!.,...NorJnflO", .., '" ,,"" , '" .."...., defendant. are divorced from the bonds of matrimony, ~ ~.' ,~ ~ ~ :.' ~ Q :.~ ~.:; ~ ~ ',' ~ '.' ., ~ 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; ~ ~~~. p:r;?Y,i.~~?~,~.?r .~~~, ,~~~!l:C:~~~, ,1>j?-r.r:~':l6,e, ,9~,t,q.~!Il.e,I}~, ,A.g~!!,e,l1)~!1.t, ,dated ~ May 23, 1997 are incorporated but not merged, into this Decree for ~ .................. ..................................../................... '.' purposeD of enforcement. , .'/' / s ./ ~ '" Th~~."";Jj~ : Alle.l: ~;./-e ~';f. ~~.:d~ J, s ~~11C/ r. ~~, ~ . (/ .7 Prothonolary ~ ~.' ~ ',' ~ ~' $ ~ :.' ~ ',' w ~.' ~ ... ~ f.' ~ ~, ., ~ ? ~ ~ ~ ~ ----- :>.t;. ~:. .:.:. ~ ~ . ,.".-.",.,., ,-",., ,- I~ ~*******.~*~********~~. . , MARRIAGE SE1TLEMENT AGREEMENT THIS AGREEMENT is made this 23':2 day of ~, 1997, by and between CHRISTINA M. NORMAN, now of 225 Roxbury Road, Newville, Cumberland County, Pennsylvania, hereinafter referred to as "Wife", -AND- DAVID A. NORMAN, now of225 Roxbury Road, Newville, Cumberland County, Pennsylvania, hereinafter referred to as "Husband", WITNESSETH: WHEREAS, Husband and Wife were lawfully married on October I, 1990, in Hagerstown, Maryland; and WHEREAS, the one child of this marriage is Taylor J, Norman, born June 8, 1991; and WHEREAS, diverse unhappy marital difficulties have arisen between the parties causing them to believe that their marriage is irretrievably broken, as a result of which they now live separate and apart from on another, the parties being estranged due to such marital difficulties; and WHEREAS, the parties hereto are desirous of compromising and settling 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 of real and personal property; the implementation of custody and visitation arrangements for the minor child of the parties; and in general, the settling ofany and all claims and possible claims by one against the other or against their respective estate, particularly those responsibilities and rights growing out of the marriage relationship, il/ter alia past, present or future spousal support or maintenance, alimony pel/del/te lite, alimony, counsel fees and expenses, and equitable distribution, whether or not the parties reside together; and WHEREAS, the parties have made full disclosure to each other of their assets and liabilities and have agreed on a settlement of all property rights and differences existing between them; and WHEREAS, the parties intend this Agreement to be a full and complete Marriage Settlement Agreement, providing for the absolute and final settlement of all their respective marital and property and all other claims, NOW, THEREFORE, in consideration of the premises and of the promises, covenants and undertakings hereinafter set forth and for other good and valuable consideration, the receipt of which is hereby acknowledged by each of the parties hereto, Husband and Wife, each intending to be legally bound hereby, covenant and agree as follows: 2 , , I. SEPARATION, It shall be lawful for each party, at all times hereinafter, to live separate and apart from the other, at such place or places as he or she may, from time to time, choose or deem fit, Each party shall be free from interference, authority or control by the other, as full 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 the other or attempt to endeavor to molest the other, nor compel the other to cohabit with the other, or in any way harass or malign the other, nor in any way interfere with the peaceful existence, separate and apart from the other, The foregoing provision shall not be an admission on the part of either party of the lawfulness or unlawfulness of the causes leading to their separation, A reconciliation will not void the provisions of 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 consents and agrees 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 or this Agreement, whether or not either or both of the parties shall remarry, it being understood by and between the parties hereto that this Agreement shall be incorporated in but shall not be merged into and decree, judgment, or order of divorce or separation, It is specifically agreed, however, that a copy of this Agreement or the substance of the provisions thereof, my be incorporated by reference into any divorce, judgment or decree, This incorporation, however, shall not be regarded as a merger, it being the specific intent 3 of the parties to pennilthis Agreement to survive any judgment and to be forever binding and conclusive upon the parties, I 2, EFFECTIVE DATE, The elTective date of this Agreement shall be the "date of execution", defined as the date upon which it is executed by the parties if they have each executed the Agreement on the same date. Other wise, the "date of execution" or "execution date" of this Agreement shall be defined as the date of execution by the party last executing this Agreement, Transfer of property, funds and/or documents shall occur on the elTective date unless otherwise specified herein, ~ .~ 3, AGREEMENT NOT A BAR TO DIVORCE, This Agreement shall not be considered to alTect or bar the right of either party to a divorce on lawful grounds as may be now or hereafter available to either party, This Agreement is not intended to be and shall not be a condonation on the part of either party of any act or acts of either party hereto, Both parties hereto agree that the marriage is irretrievably broken and agree at the time of execution hereof to execute any and all affidavits or other documents necessary for the parties to obtain an absolute divorce pursuant to Section 3301(c) of the Divorce Code, Each party waives the right to request Court ordered counseling, 4, DEBTS AND OBLIGATIONS, Each party hereto represents and warrants that he or she has not, and in the future will not, contract or incur any debt, obligation or liability for which the other party or his or her estate may be responsible or liable, except 4 as provided for in this Agreement. Each party hereto agrees to be solely responsible for the prompt and timely payment of the debts now or hereafter incurred in his or her name and specifically any debts secured by any automobile, motor vehicle or other property distributed to her or him hereunder. Each party hereto agrees to indemnify and hold harmless the other from any and all claims, debts, obligations or demands made against him or her by reason of debts or obligations incurred by him or her or identified to be paid by him or her in this Agreement. 5. MUTUAL RELEASES. Husband and Wife hereby mutually remise, release, quitclaim and forever discharge the other and the estate of such other, for all time to come, and for all purposes whatsoever, from any and all rights, title and interest, or claims in or against the estate of such other, or whatever nature and wherever situate, which he or she not has or at any time hereafter may have against such other, the estate of such other or any part thereof, whether arising out of any former acts, contracts, engagements or liabilities or such other or by way of dower or curtesy, of claims in the nature of dower or curtesy, or widow's or widower's rights, family exemption or similar allowance or under the intestate laws; or the right to take against the spouse's will; or the right to treat a lifetime conveyance by the other as testamentary or all other rights of a surviving spouse to participate in a deceased spouse's estate, whether arising under the laws of Pennsylvania, any state, commonwealth or territory of the United States, or any other country; or any rights which either party may now have or at any time hereafter have for past, present or future support or maintenance, alimony, alimony pendente lile, counsel 5 fees, costs or expenses, whether arising as a result of the marital relation or otherwise, except and only except all rights and agreements and obligations of whatsoever nature arising or which may arise undcr the Agreement or for the breach of any provision thereof. It is the intention of Husband and Wife to give to each other by the execution of this Agreement a full, complete and general release with respect to any and all property of any kind or nature, real, personal or mixed, which the other now owns or may hereafter acquire, except, and only except, all rights and agreements and obligations of whatsoever nature arising or which may arise under this Agreement or for the breach of any provision thereof. It is further agreed by each party that this Agreement constitutes a full and final resolution and settlement of all claims of any kind, and especially and claims arising under the Pennsylvania Divorce Code, which either party may have against the other. 6. DIVISION OF HOUSEHOLD AND PERSONAL PROPERTY. The parties hereto agree that they have effected a mutually satisfactory division of the furniture, household fumishings, appliances and other personal property and motor vehicles between them and neither party will make any claim to any personal property now in the possession or control of the other except as herein provided. Husband hereby releases and relinquishes any light, title or interest he may have had in the past or now has in the property in Wife's possession. Wife agrees that Husband shall, from and after the date hereof, be the sole and scparate owner of all personal property in Husband's possession. Wife hereby rei cases and relinquishes any right, title or interest she may have had in the past or now has in the property in Husband's possession. Husband agrees that 6 10. MOTOR VEHICLES. With respect to motor vehicles owned by HUSBAND and WIFE, both of the parties agree as follows: The 1989 Hyundai shall be and remain the sole and exclusive property of Husband; The 1995 Honda Civic shall be and remain the sole and exclusive property of Wife, including full responsibility for the personal with Cornerstone Credit Union, Account #3488. I Each party shall be solely responsible for and debt secured by any vehicle listed above as his or hcr property. Each party shall be solely responsible for any insurance and any other costs, including license, for each motor vehicle listed above as his or her property. II. REAL PROPERTY. The real property at 225 Roxbury Road, Newville, Cumberland County, Pennsylvania, shall become the sole property of husband, and wife shall forever quit and release any current or future claim or right of owncrship or title. Wife shall execute a Quitclaim Dccd upon the execution of this agreement, and further agrees to sign, execute or acknowledge any additional documents, instruments, or papers required for or necessary to thc transfer oftitlc to husband. Wife agrces that shc gives up any and all right, titlc and intercst to and in the identified property, and agrees ncver to asscrt any claim to said propcrty in thc future. 12. LIFE INSURANCE. It is further undcrstood and agreed by the parties as follows: 8 (a) Husband shall maintain and kcep in full force and effect life insurancc policics upon his Iifc in thc amount of Onc Hundred Twenty Thousand Dollars ($120,000.00), whcrcin the wifc shall be named irrevocablc bcneficiary until their son Taylor J. Norman attains the agc of eighteen (18) years of agc. (b) Wife shall maintain and kccp in full force and elTect life insurance policies upon her lifc in thc amount of One Hundred Twenty Thousand Dollars ($120,000.00), whcrcin the husband shall bc namcd irrcvocablc beneficiary until their son Taylor J. Norman attains the agc of eightccn (18) ycars of age. (c) Thc parties shall providc to cach othcr proof of insurance covcragc as per this section on an annual basis. In the event of thc failurc of eithcr party to keep and maintain coveragc as provided abovc, the othcr party may obtain covcrage and shall havc thc right to enforce rcpayment as provided for in this agrecment. (d) Husband and wifc shall and hcreby do surrender any and all rights, titlc and intercst is said policies on their respective lives for thc period herein designated, including thc right to any cash surrendcr valuc, thc right to borrow thereon or any other pecuniary right herein and husband and wife covenants and agrees not to impair the value of said policies upon their own Iifc in any way. 13. COUNSEL FEES. Each party individually covenants and agrees that he or she will individually assumc the full and sole responsibility for all other legal expenses for his or her attorney, if any, and Court costs in connection with the pending divorce action 9 and shall make no claim against the other for such costs or fecs except as set forth in this paragraph. 14. LEGAL AND PHYSICAL CUSTODY OF THE CHILDREN The parties agree that Husband shall have primary physical custody of the child, Taylor J. Norman, and the parties agree that they shall jointly share the legal custody of the child. However, Wife shall have liberal temporary physical custody according to a schedule to be agreed upon by the parties which shall be consistent with the best interest and welfare of the said children. As a minimum, Wife shall have physical custody according to the schedule set forth hereinbelow: (a) Alternate weekends from Saturday at 10:00 a.m. to Sunday at 7:00 p.m.; (b) Mother's Day from 10:00 a.m. to 7:00 p.m.; (c) Christmas Day from 1 :00 p.m. to 8:00 p.m.; (d) Alternate Thanksgiving Day from 10:00 a.m. to 7:00 p.m. (e) Wife may have custody of the children for a period of two (2) weeks during the Summer. 15. ADVICE OF COUNSEL. Wife has had full and ample opportunity to seek and obtain legal counsel regarding an explanation of the provisions of this Agreement and their legal elTcct. The provisions of this Agreement and their legal effect have been fully explained to Husband by his counsel, WILLIAM L. GRUBB, ESQUIRE. Husband and 10 Wife each covenants that he or she has made a full financial disclosure to the other of his or her respective property, holdings and income. Husband and Wife each acknowledge that each fully understands the facts of this agreement and has been fully informed as to her or his legal rights and obligations and each party acknowledges and accepts that this Agreement in, in the eircumstances, fair and equitable and that it is being entered into freely and voluntarily, 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 collusion or improper or illegal agreement or agreements. 16. ADDITIONAL INSTRUMENTS. Each of the parties shall, from time to time, at the request of the other, execute, acknowledge and deliver to the other party any and all further instruments, deeds, titles or documents that may be reasonably requircd to give full force and clTcct to thc provisions of this Agreement, including all papcrs necessary to transfcr titlc. 17. AFTER-ACQUIRED PROPERTY. Each party shall hereafter independcntly own all property, real, personal or mixed, tangiblc or intangible, of any kind, acquired by him or hcr, with full power to dispose of the same in all respects and for all purposes, as though he or shc were unmarricd. 18. APPLICABILITY OF TAX LAW TO PROPERTY TRANSFER. The parties hcreby agrec and exprcss their interest that any transfer of property under this II 22, INDEPENDENT SEPARATE COVENANTS. It is spceifically understood and agrced by and bctween thc partics hercto that cach paragraph hereof shall bc deemed to bc a scparatc and indepcndent agrcemcnt. 23. BREACH. If either party breaches any provision of this Agrccment, the other party shall have the right, at his or her elcction, to sue for damagcs for such breach, to terminate any further payments required to thc other hcreundcr or seck such other remedies or relief as may be availablc to him or hcr, and the party breaching this contract shall be responsible of payment of legal fees and costs incurred by thc othcr in enforcing thcir rights under this Agrecment, or in secking such othcr remedics or rclief as may be available to him or her. 24. DISCLOSURE OF FINANCES. Each party hcreto confirms that hc or she has relied on the completeness and substantial accuracy of financial disclosures of the othcr as an inducement to enter into thc Agrecment. Thc parties acknowledge that therc has been no formal discovery conducted in their pcnding divorce action and that neither has filed and Invcntory and Appraisment as rcquircd by Scction 3505(b) of the Pennsylvania Divorce Code. Thc rights of cithcr party to pursue a claim for equitable distribution of any interest owncd by thc othcr party in an asset prior to the date of cxecution hercof which intcrest was not discloscd or known by the other party or his or her counsel prior to thc cxccution of this Agrcement is cxpressly reserved. 13 ACKNOWLEDGMENT COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND SS On this the Z '1 ~ of fl1q t/ , 1997, beforc me, thc undcrsigned officcr, personally appeared CHRISTINA M, NORMAN, known to me (or satisfactorily provcn) to be the person whose namc is subscribed to the within Agreemcnt and acknowledged that she exccuted the same for the purposes therein containcd. l.!l.t1AA')/ /I. dNlm-' Notary Public My commission expires: Notarial Seal 6usan M. Grubb, Notary Public ; 'nwer Allen Twp.. Cumberland County . .. Commission Expires June 21, 1999 15 ACKNOWLEDGMENT COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND SS l.4&?m..- /I .dw.lt'-- . On this the 2:; i!2 of Yl1A- ~I , 1997, before me, the undcrsigncd officer, t pcrsonallyappeared DAVID A, NORMAN, known to me ( or satisfactorily proven) to be the person whosc name is subscribed to thc within Agreement and acknowlcdgcd that he exccuted thc same for the purposes therein contained. Notary Public My commission expires: NOIanal Seal 6u.an M. Grubb Nolaty POOIlc ' owo, Allan Twp. Cumborlilnd Countv Commission E'plres June 21, 1999 16 : : IN TilE COURT OF COMMON PLEAS DAVID A. NOHMAN, : Planitiff : CUMBERLAND COUNTY, PENNSYLVANIA : VS. : CIVIL DIVISION : CHRISTINA l~, NOHMAN, : NO.9'/-1820 CIVIL TERM 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 5330l(c) ~~tl~~~) of the Divorce Code. (Strike out inapplicable section). 2. Date and manner of service of the complaint: certified mail. return recfdnt. ,July ;>1, 1qq7 3. Complete either paragraph (a) or (b). (a) Date of execution of the affidavit of consent required by 53301(c) of the Divorce Code: by defendant July 28, 1999 (b)(l) Date of execution of the Divorce Code: by plaintiff July 28, 1999 of the affidavit required by 5330l(d) : (2) Date of filing and sl'rvice of the plaintiff's affidavit upon the r.:!spondent: 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 r.opy of which is attached: (b) Date plaintiff's Waiver of Notice in 5330l(c) Divorce was filed with the Prothonotary: ~I..l(. ~~J ("Jc,<] Date defendant's Waiver of Notice in 5330l(c) Divorce was filed with the Prothonotary: {..l JI.' ~- (~~7 f ()1)- ~;(?~ ,<:_ Attorney for (Plaintiff)~ ~ I I. ('j '" , <' \.) ~'. " , r, , ! ,.J -. I ....: , .- r.~~ , : .1 , , .. 'J :.) :: ....... C:J DAVID A. NORMAN, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v. : NO. q'l-' (i5:'2.0 c..~ TQI\l'" CHRISTINA M. NORMAN, Defendant : IN LAW - DIVORCE NOTICE TO DEFEND AND CLAIM RIGHTS YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set forth in the following pages, you must take prompt action. You are warned that if you fail to do so, the case may proceed without you and a decree of divorce or annulment may be entered against you by the court. A judgment may also be entered against you for any other relief requested in these papcrs by the Plaintiff. You may loose money or property or other rights important to you, including custody or visitation of your children. When the grounds for the divorce i~ 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, First Floor, Cumberland County Courthouse, 1 Courthouse Square, 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. Court Administrator's Office Fourth Floor Cumberland County Court House 1 Courthouse Square Carlisle, Pennsylvania 17013 Telephone (717) 240-6200 VERIFICATION I, DAVID A, NORMAN, verify that the statements made in this document are true and correct, I understand that false statements herein are made subject to penalties of 18 Pa, C.S, ~ 4904, relating to unsworn falsification to authorities. {/~ Date:j Iry !q7 CJ l~ I ~:- t_'.. " -:-.; .,.." L"'; :-) I I (":i. ,.. ..' t..'l " :---" :, r-.. :-S I !.; ::'J ....J :.-1 -.;, C.] .OJ DAVID A, NORMAN, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v, : NO. 97-1820 Civil Term CIIRISTINA M, NORMAN, Defendant : IN LAW - DIVORCE WAIVER OF NOTICE OF INTENTION TO REOUEST DIVORCE DECREE UNDER 3301(c) OF THE DIVORCE CODE 1. I consent to the entry of a final decree of 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. !i4904 relating to unsworn falsification to authorities. OJ l...; f-; l:J ,... -':1 . [I~li.. _.-J '. ;~j'. I LJ. <..:; . f..-:l. ) .'. ;.:: .:':: 1- ~',C .1- !~ .. -:-.' :~l :.) ~l -<.. OJ -. . ('J \..;.: ~:; u ~":. pr; n [', ; ", . - .~ ( ,-~~ " , ~:.'~ i . , , ) i 1 ;. i ~- ~:-.! - . ~'J :.~ '. " --.. 0') :.,; c' , . F- '.:'1 .'... .,., r.: " "J ? .' , I (, , c ~ " , /.~ " ~-~ : ....:. . > , , I ~ . , ::, ~ :...) ~~i -, 0'" -, William L, Grubb Allnmcy at Law 310' Old aClly~hurll Rnad ('HiliI' 11111, I'A 171111 i~ DAVID A, NORMAN, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v, : NO, q7 - IH~D CHRISTINA M, NORMAN, Defendant : IN LAW. DIVORCE AFFIDA VIT OF MARRIAGE COUNSELING David A. Norman, being duly sworn according to law, deposes and says: I. 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, 2. I understand that the court maintains a list of marriage counselors in the Office of the Prothonotary, which list is available to me upon request. 3, 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 understand that false statements herein are made subject to the penalties of Pa. C.S. ~4904, relating to unsworn falsification to authorities. Date: li j 7 jq!J I I David A, Norman ,': .,'~ ",.' . . '.:':,,' ;-7.< f:~~~ "'-'-r.- t-~~.\ ""!.~ i ~~~ .~tt S.'~i l~~. ''','''-)