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HomeMy WebLinkAbout97-01893 \ . ~ . I 'i--.I :J./ ! It ~ ~ ~ .:s E.. > ~l t I ! I j f \ '\. ''';~,~,. .~'"'. \ ) ,,:", T" "', ~t. .~. ,<(-' .,' f t \. ~ - . . :) CJ r<') <t"- Oo - , t- ~, 1 '1 ~, <! I !. It . 9'f dt-I. &11' /,,:~.d/ 7f. t:~ 7ff:o~L ,) Ifft' 11~ IHt:~$-d;, <4- ~dt-U , . " . ........ ".o......~........-_._. I r I i I I I I I I" '::~., -- '-,' r < ..., Mutterspaugh Sep Agt/12.11.97 SEPARATION AGREEMENT THIS IS AN Agreement made this I?~ day of ':/e.h/1", a..i. 1998, by and between Christine A. Mutterspaugh, of 104 East rrocust Street, Mechanicsburg, Cumberland County, Pennsylvania, (hereinafter referred to as Wife) and Robert F. Mutterspaugh, Jr., of 5084 Wynnwood Road, Harrisburg, Dauphin County, Pennsylvania, (hereinafter referred to as Husband). WHEREAS, Husband and Wife were married on June 15, 1974, in Newville, Cumberland County, Pennsylvania; and WHEREAS, various differences have arisen between Husband and Wife, whereby they have been living separate and apart since April 1, 1997; and WHEREAS, the parties have agreed to maintain separate and permanent domiciles and to live apart from each other; and WHEREAS, the parties desire to enter into an amicable settlement to provide for all of the property rights of the parties and to dispose of the rights and obligations of each to the other in respect to support, maintenance, alimony, counsel fees, equitable distribution, and all other rights and obligations under the Divorce Code of 1980, as amended, and it is the intention and agreement of the parties that this Agreement be a full, complete and final settlement of all of those rights and obligations under said Divorce Code; and NOW, THEREFORE, for and in exchange of mutual considerations, and intending to be bound by the provisions hereof, the parties agree that their recitals form a part of this Agreement and waive any right to counseling under the Divorce Code of 1980, as amended, and right to counsel fees, costs, alimony, support, maintenance, and any other rights under the said Divorce Code not provided for herein and agree as follows: 1. ~. The parties agree that it shall be lawful for each party, at all times hereafter, 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 contact 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 and as may be necessary to exchange information that pertains to the parties' minor children, Brian R. Mutterspaugh, d.o.b. 4/6/83, Michael R. Mutterspaugh, d.o.b. 4/13/85, and Ashley L. Mutterspaugh, d.o.b. 4/13/85. 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. 2. REAL ESTATE. Husband and Wife jointly own the marital residence located at 104 East Locust Street, Mechanicsburg, Cumberland County, Pennsylvania. The marital residence presently has an outstanding mortgage in favor of Members l't Federal Credit Union. Husband shall deed any rights, title and interest he has in the marital residence to Wife at such time as Wife refinances the mortgage with Members 1st. Wife shall refinance the Members l't mortgage and solely bear the financial responsibility of the property. Wife shall be solely responsible for all mortgage payments, liabilities, taxes, assessments, insurance and the cost of maintenance of the marital residence. Wife shall indemnify and hold Husband harmlese from any liability, claims, causes of action, suits, or litigation for money owed, damages, indirect or consequential, including legal fees, arising out of failure of Wife to so pay such liens and encumbrances. Wife shall further pay to Husband the eum of Eight Thousand Dollars ($8,000.00) for Husband's interest in the marital residence, with said payment to be made to Husband upon proof of Husband's fulfillment of his obligations as provided for in Paragraph 6 herein. 3. AUTOMOBILES. Wife shall have as her sole and exclusive property, title to and possession of the 1994 Chevrolet Astra Van. Husband shall cooperate in executing any and all necessary documentation to transfer his interest in said vehicle to Wife. Wife shall refinance the vehicle loan with Dauphin Deposit Bank and solely bear the financial responsibility for the refinanced obligation. Wife shall indemnify and hold Husband harmless from any liability on any loan encumbering said vehicle, cost or repairs, maintenance, registration, insurance and/or inspection of the vehicle which she is taking as her sole and exclusive property. At the time of separation, Husband had in his possession a 1982 Chevrolet truck which Husband has, since the date of separation sold. Wife releases any and all claims to any sale proceeds from Husband's sale of said vehicle. 4. PERSONAL PROPERTY. The parties have divided or have agreed to a division of their personal property which includes jewelry, clothing, furniture and other personal items. Husband shall have as his sole and exclusive property, title to and possession of his Monumental Life Insurance Policy No. 002114572 and Wife shall have as her sole and exclusive property, title to and possession of her Monumental Life Insurance Policy No. 002114573. After the aforesaid division of the personal property is complete, any and all property in the possession of Husband shall be his sole and separate property. Any and all property in the possession of Wife shall be her sole and separate property. Each party forever renounces whatever claims he/she may have with respect to the property which the other is taking. Each party understands that he/she has no right or claim to any property acquired by the other after the eigning of this Agreement. 5. PENSION/RETIREMENT PLANS. Wife hereby releasee any and all claims or demands she may have on Husband's pension or retirement plans with Giant Food stores, Inc. or any other pension or retirement plan that Husband may have.. Husband hereby releases any and all claims or demands he may have on Wife's Giant Food Stores, Inc. pension plan and Savings and Protection plan, or any other pension or retirement plan that Wife may have. 6. DEBTS AND OTHER OBLIGATIONS. Husband and Wife jointly own a vacation membership with Outdoor World with Membership No. 14-3540- 95. Wife shall transfer any rights, title and interest she may have in said vacation plan to Husband. Husband shall solely bear the financial responsibility of the payments due and owing on said vacation plan and shall remove Wife I s name from any payment obligation thereon, by refinancing said obligation. Husband shall further assume and bear sole financial responsibility on his Matco Tools Account No. M891202388 and Sears Charge Account No. 5484084368860 and further remove Wife's name from any obligation on these accounts on or before the date of payment of the sum to be paid by Wife to Husband in accordance with Paragraph 2 herein. Husband shall indemnify and hold Wife harmless from any liability, claims, causes of action, suits, or litigation for money owed, damages, indirect or consequential, including legal fees, arising out of failure of Husband to so pay any obligations, which Husband shall bear sole financial responsibility for. Wife shall refinance the Members l't Signature/Personal Loan and solely bear the financial responsibility of said obligation and remove Husband's name therefrom. Wife shall indemnify and hold Husband harmless from any liability, claims, causes of action, suits, or litigation for money owed, damages, indirect or consequential, including legal fees, arising out of failure of Wife to so pay such obligation, which Wife shall bear the sole financial responsibility for. 7 . ALIMONY. ALIMONY PENDENTE LITE. SUPPORT OF SPOUSE. The parties waive any and all right to receive from the other any payment of alimony, alimony pendente lite, and/or spousal support. 8. EFFECTIVE DATE. The effective date of thie Agreement shall be the date of execution by the parties if they had each executed the Agreement on the same date. Otherwise, the execution date of this Agreement shall be defined as the date of execution by the party last executing this Agreement. 9. DIVORCE. The parties agree that should either party file a Complaint in Divorce, claiming that the marriage is irretrievably broken under the no-fault mutual consent provision of Section 330l(c) of the Pennsylvania Divorce Code, then both parties agree 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 including waiver of all rights to request Court ordered counseling. It is agreed and understood between the parties that in the event a divorce proceeding is filed by either party in any other jurisdiction, that the parties shall not contest, but instead consent to such proceedings and shall execute any and all documents necessary so as to proceed with and obtain an abeolute and final divorce. tp 10. INCORPORATION INTO DECREE. 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 and revision thereof shall alter, amend or vary any term of this Agreement, whether or not either or both of the parties shall remarry, it being underetood by and between the partes hereto that this Agreement shall survive and shall not be merged into any 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, may be incorporated by reference into any divorce, judgment or its decree. This incorporation, however, shall not be regarded as a merger, it being the specific intent of the parties to permit this Agreement to survive any judgment and to be forever binding and conclusive upon the parties. .. r 11. MUTUAL RELEASE. Husband and Wife do hereby mutually remise, release, quit claim or 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, of whatever nature and wherever situate, which he or she now has or at anytime hereafter may have againet such other, the estate of such other or any part thereof, whether arising out of any former acts, contracts, engagements or liabilities of 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 or other rights of the 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 right which either party may now have or at anytime hereafter have for past, present or future support or maintenance, alimony, alimony pendente lite, couneel fees, costs or expenees, 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 under this 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 ariee under this Agreement or for the breach of any provision thereof. 12. COUNSEL FEES. Each party individually covenants and agrees that he or she will individually assume the full and sole responsibility for legal expenses for his or her attorney and court coets in connection with any divorce action which may be brought by either party and ehall make no claim against the other for such coets or fees. 13. 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 or documente that may be reasonably required to give full force and effect to the provisions of this Agreement. 14. MODIFICATION OR WAIVER. A modification or waiver of any of the provisions 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 the 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. 15. 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. 16. SEPARATE PARAGRAPHS. It is specifically understood and agreed by and between the parties thereto that each paragraph hereof shall be deemed to be a separate and independent agreement. 17. 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 or seek such other COMMONWEALTH OF PENNSYLVANIA COUNTY OF DAUPHIN ss On this, the /~ day of 'i,h/l.lt7,:/ ' 199.tf., before me, the undersigned o~r, personally appe ed Robert F. Mutterspaugh, Jr., known to me (or satisfactorily proven) to be the person whose name is subscribe to the within instrument, and acknowledged that he executed the same for the purpose therein contained. ~ afA~d; tar ub l.C NOIMW. SlAt. MIllY '.IIllBERT1 NOIA1lY PUBlIC PUTAHllIlOllO..IWlPttIN co PA. IIIlXM1tSSlON EXPIRES JAIl 212001 .. " r.:- .~ .'~ . -' 'q :T ., . . , " '! - I j t.-. . , , '-. : -) . ! :.J , " I] " . . I :.} , " (J, ~U ." ~) ...,., ( ) :.:'J .\ '. , , \ " t. , ,-') , " ','~) . .,:~ . . ~."I .,\ .:~. ! ',"'J _'.1. ll' - mutt...p.dlv/4.7.97 CHRISTINE A. MUTTERSPAUGH, . IN THE COURT OF COMMON PLEAS OF . Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA v CIVIL DIVISION - LAW ROBERT F. MUTTERSPAUGH, 97- / ;? 9_3 CIVIL TERM Defendant . . . IN DIVORCE . I I I I I , I /' i I , COMPLAINT Plaintiff, Christine A. Mutterspaugh, by her attorneys, Broujos, Gilroy & Houston, P.C., sets forth the following: 1 Plaintiff, Christine A. Mutterspaugh, is an adult individual residing at 104 East Locust Street, Mechaniceburg, Cumberland County, Pennsylvania. 2 Defendant, Robert F. Mutterspaugh, Jr., is an adult individual residing at 8054 Wynnwood Road, Harrisburg, Dauphin County, Pennsylvania. J The parties were married on June 15, 1974, in Newville, Cumberland County, Pennsylvania. 4 Plaintiff and Defendant have lived continuously in the Commonwealth of Pennsylvania for at least six months prior to the commencement of this action. 5 This action is not collusive. I 6 I j i There have been no prior actions for divorce or annulment in this or any other jurisdiction within the knowledge of the Plaintiff. "', 7 In accordance with Section 3301 (c) of the Divorce Code, the marriage between the parties is irretrievably broken. ., 8 Plaintiff has been advised that counseling is available and that Plaintiff may have the right to request that the Court require the parties to participate in counseling. WHEREFORE, the Plaintiff requests your Honorable Court to decree that the Plaintiff be divorced from the Defendant. COUNT II - EQUITABLE DISTRIBUTION 9 Paragraphs 1 through 4 of the Complaint are incorporated herein by reference as though set forth in full. 10 Plaintiff and Defendant have acquired property, both real and personal during their marriage from June 15, 1974, until April 1, 1997, the date of their separation. 11 Plaintiff and Defendant have been unable to agree as to an equitable division of said property. 17 Plaintiff is unable to sustain herself during the course of this litigation. & HOUSTON, P.C. WHEREFORE, Plaintiff requests your Honorable Court to enter an award of alimony pendente lite, interim counsel fees, costs, and expenses, until final hearing and thereupon award such additional counsel fees, costs, and expenses as deemed appropriate. hr~stopher C. ouston, Esqu~re Attorney for Plaintiff 4 North Hanover Street Carlisle, PA 17013 717 - 243-4574 I.' , fI!- ,") ..r':l ~ (? .'- , '.J r"") .. '. ~ lJJ ftt ...- tt. V ttj '. 1 ~ " l , , Ii'- IV ('> ;.' , I '.-~1 ..t 0 UI (}J (JI V1 5 (j t,: t;1 ;8 S " .f=- L-t. ;':~ lU . !; ::. ~ . .. ~ Ul a . .-/, b cO U1 J_ i ~) 0 0 J-';, .(') 9J 0 C;~) . "\In "'0 .. ).1 c:- O- -8- .. , 0" ~tJ -< j 1 I CHRISTINE A. MUTTERSPAUGH, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v CIVIL DIVISION - LAW , f', ROBERT F, MUTTERSPAUGH, JR., Defendant 97-1893 CIVIL TERM IN DIVORCE , AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed on April 10, 1997. 2, The marriage of Plaintiff and Defendant is irretrievably broken and 90 days have elapsed from the date of filing the Complaint, 3, I consent to the entry of a final decree in divorce after service of notice of intention to request entry of the decree, DATE: J/tp/t::ta I ~~J1~~ CHRISTINE A. MUTTERSPA GH ::) .(1 ':) C. C') I , , ~:1 I " L'; , ) , , ') Co " , :) 'C , ~. ~) ':'1";\ :.) .--~ I ," ::.~ (") \.') n ;".'J ." , .. "., ". I .;\ C ".J I,rl.) '" .. I .... . :,,) .. 1\ '-.1 'J' . . - (.. .' CHRISTINE A. MUTTERS PAUGH, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW vs. NUMBER: 97-1893 CIVIL TERM ROBERT F. MUTTERS PAUGH, JR" Defendant IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER SECTION 3301(0) 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 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. ection 4904 relating to unsworn falsification to authorities. ~ Date: ,-.7 -/9- 98 MUTT --, .\' [, e, " : ,~ ,') (~, :....1 . 1 I i c: . l, .- " , ; I 1 , , ~? ,J :." ..':; ; (; .. ~ r . i i , I I ! I ! i I ; ! , i I :( , ... . :I. -CornpIeI.IC;"'1 ltKVor2 rot addItIonaIleMclIl. · .ComplOC."""" 3. 4a, lIIld 4b. I 'PrInI yow name Wld addm, on IhI f'IYW1' 01 thII tonn 10 INI WI can "'\om IN. conIto",", .AIlochlhlo _lOlhofn>nl oI1hollllllploco. Ofonlho bod< N_dot. no! .ern:.'R..." _PI ~od'on Iho rnollpiooo boIow tho ._I1I&l'bat. .: 'The RICIWi'I Rape tMllhow 10 whom 1hI1Itld..... ~ and the cUI. li- J 3. AtUcl. Addr'Sled to: ~ ROBERT F MUTTERS PAUGH a 5084 WYNNEWOOD RD HARRISBURG PA 17109 !I ~ .!I I elso lYlBh to rec.'v. the following ..Me81 (for an .xtra f..): 1. CI Add..sa.... Add.... ~ 2. m R..lrlcled D.llv.ry cI eon.ult postmaster tor t... a 4.. Al1Icl. Number J Z 221 292 356 j 4b. S.rvIce Type [J Regl.t.red lliI Certlfted [J Expre.. MeJl [J Insured 1 [J Rllum Receipt lor Merchancfse [J COD '" 7. Oat. at Dellv.ry .ll l I Domestic Return Receipt , n ,r, ("1 C~ :':J " , .. . ,,' ) ,.,.., .'\-" I .:, ':,".1 U" :;(S " . " ";1 j:.!"l .. . :...) -r;t ....J I .) :~ j (ti ., CHRISTINE A. MUTTERSPAUGH, Plaintiff IN THE COURT OF CO~n10N PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v CIVIL ACTON - LAW ROBERT F. MUTTERSPAUGH, JR., Defendant 97-1893 CIVIL TERM IN DIVORCE AND NOW, this 1.10 ORDER day of Oc~ , 1997, upon a Stipulation for custody, it is hereby ordered and directed as follows: 1 The Plaintiff, hereinafter Mother, and the Defendant, hereinafter Father, shall have shared legal custody of the minor children, Brian R. Mutterspaugh, D.O.B. 4/6/83, Michael R. Mutterspaugh, D.O.B. 4/13/85, and Ashley L. Mutterspaugh, D.O.B. 4/13/85. 2 Mother shall have primary physical custody of the children and Defendant shall have periods of partial custody at such times as Father is not working on the following schedule: A. Every Wednesday evening from 6:00 P.M. to 9:00 P.M. B. Alternating Saturdays from 9:00 A.M. to 7:00 P.M. C. Father will provide and information regarding a change in his work schedule to Mother. D. Father shall have one week of sununer vacation with the children and shall provide Mother with sixty (60) days advance r"."', : II; r,-: ,., ."1 '. >:j7 r~'i 1 i . .. . ,: -:C. IO't' ~... '. ,1 , I;': " CHRISTINE A. MUTTERS PAUGH, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW v ROBERT F. MUTTERSPAUGH, JR., Defendant 97-1893 CIVIL TERM IN DIVORCE CUSTODY STIPULATION AND NOW, comes the Plaintiff, Christine A. Mutterspaugh, by and through her attorney, Christopher C. Houston, Esquire, and the Defendant, Robert F. Mutterspaugh, Jr., by and through his attorney, Charles E. Petrie, Esquire, who stipulate and agree as follows concerning custody: 1 The Plaintiff, hereinafter Mother, and the Defendant, hereinafter Father, shall have shared legal custody of the minor children, Brian R. Mutterspaugh, D.O.B. 4/6/83, Michael R. Mutterspaugh, D.O.B. 4/13/85, and Ashley L. Mutterspaugh, D.O.B. 4/13/85. 2 Mother shall have primary physical custody of the children and Defendant shall have periods of partial custody at such times as Father is not working on the following schedule: A. Every Wednesday evening from 6:00 P.M. to 9:00 P.M. B. Alternating Saturdays from 9:00 A.M. to 7:00 P.M. C. Father will provide information regarding any change in his I I work schedule to Mother. D. Father shall have one week of summer vacation with the " children and shall provide Mother with sixty (60) days advance notice as to which week he wishes to have the children for the summer vacation. E. Father shall have alternating holidays, being Memorial Day, Fourth of July, and Labor Day from 9:00 A.M. until 7:00 P.M., with Mother to have Memorial Day 1998, and the holidays to alternate thereafter, F. Father shall have such other periods of partial custody as the parties can mutually agree. 3 Neither party shall make any disparaging remarks about the other parent in front of the children. 4 The provisions of this Stipulation may be entered as an Order of Court. IN WITNESS WHEREOF, the parties set their hands and seals this 1"\ J~ day of September, 1997. ~ .< /I r-- C~~~.lHouston, Esquire Attorney for Plaintiff .... -. " t', - '. 1k.~ II::: ~ ~ ~ ~ 8 'tJ "'- p ""'~ o .( ';'1 C g p:!~ ~~' 0- f.' .,') ,-1 0 :-) ., .J ! --, I" I" (_.: "-:F3 ," '?ll) ,::j IoU o() .0 \ "il!") 0;;' I.) :u -.,: ~ ~ t ~ ..... o "::::- .J ~~ '..,J :"6'