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Home My WebLink About97-03090 .- ~ ..c o cE - . o 0- a ro r:.. 0- ~ '" > ) / . r i -- . ~ ~ w ~.~ W <;, ~ w ~.' ~ .,' w ',' 8 a '.' ~ ,,' IOl !=" ., . ,':~' .:.;.. .:.:. .:c-' .:.:- .:.:. .:+:. .:c':'.:c- .:.:,..~ ':+:. ,:.:. .:+:. .:+:. .:.:, ':.:' ,:.:. ':.:' .:.:..)...:.:-:~,:+:.<:.:to>:;,:.:.:..:~::.:.>-.:Co':C-::<C<~"" ~ --~' ~ ?- $ ~ IN THE COURT OF COMMON PLEAS ~ e ~ S Ii! :' ..=; ~ w ',' OF CUMBERLAND it- STATE OF i~ PENNA, COUNTY i ... IOl <," w ',' BA~I3AR~.Z,. "MOHIl. Plaintiff !I ".,,1 , N (), ,9.,I::,~Q,9.JL, .r;'.l.x:jJ... 1<) ~ <;, IOl ~ Vl'l'SlIli *- ',' .,,,ROc:;.ER A... MOHR,. II, w ',' ... Defendant " ~ '.' ," ~ ',' ~. ~ DECREE IN DIVORCE ~ ',' ~ <;, ~ ~.' ,; W ... AND NOW, ,..,...., Mr~,.. ~~"" 19..n., it is ordered and decreed that"". ,,!3,J\~J;lMV\ '?'" .l1Ql:lfl".,.",."".".,.".." plaintiff, and,..",."".,." ,~99,E,Il,f?... NQl:lfl", ,n" "'" """",."" 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; , :r!1~. !'~PfJ,r,ty, !>~,t.t,I~!1,t, fl9,~,n,t, ,d,a,t,e?, ~~ .6.., ,1.9.9.5. ,i,~ ,:if1,c:c!~r:~~~ ,~~~ not merged herein. ., "..,.... ."." .".,., "....,." ......., ..".. .,..,.",. ...,.,.'"..". nYK CO/JIL,. . . ^ltcf~tk"u f'.1J?~.4...~~~/ /';;;~tf1 K ~/~ ((J;-L' ,7 / r7p?olhonolnry ~ ~ e ~ ~ ~~01.-:-:';': :;.;-:;;- ,w.. 0:.:' ,~:~;:, -:w.:::~,~..~::+:. -:i.:: ',i.:,. .:.:' ':.:' ,:.:,. ':.:' w " ," ~ ~ ,~ w ~~ ,,~ ~ ,'. ~ t " ~ ~.~ w ~~ ..s ~ w " ,;; " I, ,', ~ S " ~ 8 ~, ~ ~ ~~ ~ ~. ~ a ~.' ~ w ',' ~ ',' $ $ * ~ .. ~ ~ ,.. !* ;~ , , :~ (' , . ~~ . ~--~-, ~ . - " .,. ~ .:.:. ':.:. .:+:. .:.:' .:+:. .:.:- ':.:' .:t:. ':.:. .:.:. f) .. " h .!>St":~':';:'1;," B. Wife agrees to pay all counsel fees incurred by her since the separation of Husband and Wife, 5, DIVISION OF PERSONAL PROPERTY - Husband shall be the sole owner of the items of personal property currently in his possession and the 1968 Cadillac Calais and the 1975 Pontiac Bentura provided that he supplies proof of insurance, Wife shall be the sole owner of the items of personal property currentlt in her possession, Except as outlined in this paragraph, the parties have heretofore divided their personalty to their mutual satisfaction, and hereafter each shall own and enjoy, independently of any claim or right of the other, all items of personal property of every kind, which are now owned or held or which may hereafter belong or come to him or her, with full power of disposition as if he or she were unmarried. 6, MUTUAL CONSENT DIVORCE - The parties hereto agree that each shall sign an Affidavit of Consent to a divorce pursuant to Section 3301(c) of the Domestic Relations Code at the expiration of ninety (90) days from the filing of the Complaint in Divorce. 7, WAIVER OF PENSION BENEFITS - Husband and Wife agree that each shall execute any documents necessary to release and waive any right, title or interest which either party may have in the other party's retirement plan (which is defined to mean pension, profit-sharing, or any other plan or account or retirement or deferred income), Each party agrees to execute whatever 2 ,.-,., . '.' documents are required to effectuate the purpose of this paragraph. Each party appoints the other as attorney-in-fact for the purpose of consenting to any election under any plan under section 417 of the Internal Revenue Code or Section 205 of the Employee Income Security Act of 1974, It is specifically agreed that each party's rights under their respective retirement plans constitute their own separate property, I I f 8, JOINT DEBTS - The parties have mutually agreed to settle their outstanding joint debts in accordance with the following schedule: Wife will assume full and sole responsibility for all of the joint credit ,card debts owed by the parties, Husband shall assume full and sole responsibility for payment of the personal loan to Members First Credit Union. 9. WIFE'S DEBTS - Wife represents and warrants to Husband that she will not contract or incur any debts or liabilities for which Husband or his estate may be responsible and she shall ,: , indemnify and save Husband harmless from any and all claims or demands made against him by reason of debts or obligations incurred by her since the date of the separation, 10, HUSBAND'S DEBTS - Husband represents and warrants to Wife that he will not contract or incur any debts or liabilities for which Wife or her estate may be responsible and he shall 3 I . . . ''--I \ .' ._1,"-" indemnify and save Wife harmless from any and all claims or demands made against her by reason of debts or obligations incurred by him since the date of the separation. 11. REAL ESTATE - The parties acknowledge that they are the owners of real estate known and numbered as lOI Howard street, East Pennsboro Township, County of Cumberland, Pennsylvania. Wife Hhall be the sole owner of the real estate, Husband shall I, ! transfer all of his right, title and interest to Wife by deed. Wife agrees to assume full and sole responsibility for payment of the mortgage to PNC Bank, taxes, insurance, sewer, ! ~ . , maintenance and upkeep of the real estate. Wife agrees to hold .Husband harmless from any lia~ility arising out of Wife's default in making any of these payments, 12. TAXES - Husband and Wife agree to indemnify and hold each other harmless should either party have to pay any taxes, interest and/or penalties assessed as a result of any error in the reporting of income and/or in the preparation of any tax return by the other party during the years in which they were married. 13, WAIVER OF WIFE'S CLAIMS AGAINST HUSBAND'S ESTATE _ Wife does hereby remise, release, quitclaim and forever discharge Husband and his estate of and from any kind of every claim of any nature and kind whatsoever, including but not limited to any claim arising out of the marital relationship or any alleged 4 I .,-, I, \." business relationship or any constructive or implied trust that she now has or may hereafter have against Husband, or in and to and against his property and estate, whether arising out of any former contracts, engagements, or liabilities of Husband, or by way of dower or claim in the nature of dower, widow's rights, or under the intestate laws, or the right to elect against Husband's WIll, 01' <lilY other claims of any nature whatsoever, except only the rights accruing to Wife under this Agreement, Wife hereby waives and renounces any preference or right to claim appointment or to qualify as the personal representative of Husband, or to administer Husband's personal estate and effects in- the event that Wife survives Husband. ! , 14 . WAIVER OF HUSB1\ND' S CLAIM AGAINST WIFE r S ESTATE _ Husband does hereby remise, release, quitclaim and forever I: " discharge Wife and her estate of and from any and every claim that he now has or may hereafter have against Wife or in and to and against her property and estate, whether arising out of any former contracts, engagements or liabilities of Wife, by way of courtesy, or claim in the nature of courtesy, widower's rights, or under the intestate laws, or the right to take against Wife's will or any other claims of any nature whatsoever, except only the rights accruing to Husband under this Agreement. Husband " I 5 t ~ hereby waives and renounces any preference or right to claim appointment or to qualify as the personal representative of Wife, or to administer Wife's personal estate and effects in the event that Husband survives Wife. 15. SUBSEQUENT DIVORCE - Nothing herein contained shall be deemed to prevent either of the parties from maintaining suit for absolute divorce against the other in any jurisdiction based upon any past or future conduct of the other, nor to bar the other from defending any such suit. In the event any such action is instituted, the parties shall be bound by all terms of this Agreement. 16. EQUAL 'DIVISION OF PROPERTY -By this Agreement, the parties have intended to effect an equal division of their marital property. This division is not intended by the parties to constitute in any way a sale or exchange of assets. 17. MUTUAL RELEASE - Subject to the provisions of this Agreement, each party has released and discharged, and by this Agreement does for himself or herself, or his or her heirs, legal representatives, executors, administrators and assigns, release and discharge the other of and from all causes of action, claims, rights or demands whatsoever in law or in equity, which either of the parties have, or have ever had, against the other including 6 0'; . . t any and all rights under the Pennsylvania Domestic Relations Code, including spousal support, alimony, equitable distribution of property and counsel fees. lB. BREACH - If either party breaches any provision of this Agreement, then he or she shall have the right to sue for damages for such breach, or seek such other remedy or relief as may be available. Counsel fees of the prevailing party shall be paid by the defaulting party. 19. 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,including deed(s) or releases which may reasonably be required to give full force and effect to the provisions of this Agreement. 20. VOLUNTARY EXECUTION - The provisions of this Agreement and their legal effect have been fully explained to the parties and each party acknowledges that the Agreement is fair and equitable, that it is being entered into voluntarily, and that it is not the result of any duress or undue influence. The parties acknowledge that full disclosure has been made and they have been furnished with all information relating to the financial affairs of the other which has been requested and that counsel for each of the parties have reviewed the document, or, in the absence of counsel, the party has waives his or her right to counsel. 7 t . . ~ 2l. ENTIRE AGREEMENT - This Agreement contains the entire understanding of the parties, and there are no representations, waivers, covenants or undertakings other than those expressly set forth herein. 22. MODIFICATION AND 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 on strict performance of any of the provisions of this Agreement shall not be construed as a waiver of any subsequent default for the same or sim~lar nature. 23. PARTIAL INVALIDITY - If any provision of this Agreement is held to be invalid or unenforceable, all other provisions shall nevertheless continue in full force and effect. 24. BINDING EFFECT - Except as otherwise stated within, all of the provisions of this Agreement shall be binding upon the respective heirs, next of kin, executors and administrators of the parties. 25. INTENT OF PARTIES - It is the intention of the parties hereto that this Agreement is a complete and final disposition of their property rights. This Agreement shall remain in full force and effect if the parties reconcile and resume cohabitation. o '. If . C. ('.. , " t , ., (.' t:- " (:-' - . I;.'.j , .' , >-- ,- (. , I ,'- '-, . . r:'; u - ~.) Vl<t <tH 0 ~Z I>: ...:I<t 0 llo> U ~ ...:I .... ..... ~ Z>O:E .... c I>: OVlI>: 'M III :EZ~ ..... 'tl E-< :EZE-< C C H O~ ~ OM -Cll :E '<l Ullo...:l<t III H.... Vl H...:I -..-I HCll Z ~ ~ -> 1>:'" 0 <t 0 .H 1 :I: I>: OU 0 I>: E-< E-: 00 0 0 ~ ::lOO\HlLI :E E-< 1 OZOE-: > ~ ...:I1<tO <t <t llo ~ ~I>:" > I>: H :I:~O\...:IH <t I>: U E-<aJ HO aJ ~ ~ :E . > I>: l? <t Z::lOHZ <t 0 I>: H I>: llo . _"I~" AOU",t". n.H."J. rsl~' 0''11'''0. O'I~"OJ11ln''''W . . . . ~. I' ., " BARBARA Z. MOHR, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND CO., PENNSYLVANIA NO. 97-3090 CIVIL ACTION - LAW IN DIVORCE v. ROGER A. MOHR, II, 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 ( I 3301 (cl (Xl 3301 (d) (1) of the Divorce Code. 2. Date and manner of service of the Complaint: On Defen- dant, Roger A. Mohr, II by Charles C. Fisher on June 20, 1997, as evidenced by the Return of Service filed on June 24, 1997. 3. (Complete either paragraphs (a) or (b). (a) Date of execution of the Affidavit of Consent required by Section 3301 (c) of the Divorce Code: by Plaintiff: 1:U.A, by Defendant: N/A. (b) (1) Date of execution of the Plaintiff's Affidavit required by Section 3301(d) of the Divorce Code: June 9. 1997; (2) date of service of the Plaintiff's Affidavit upon the Defendant: June 20. 1997, as evidenced by the Return of Service filed on June 24, 1997. 4. Related claims pending: None. The parties executed a Separation Agreement on March 6, 1995. 5. Date and manner of service of the notice of intention to file Praecipe to transmit record, a copy of which is attached, if the decree is to be entered under section 3301(d) (i) of the Divorce Code: Julv 24. 1997, by hand delivery of same as evidenced by the Return of Service filed on October 29, 1997. Dated: /o!-)C(/C/7 . t* .... ~ ~ '\.. 0 ~~ ~ l'. 0 ~ - ::-. '" ~ \~ !'; ~~ ~- :. \"'.. ~ ".!: ..' '0 . , e, t'). ~ '\) 'V ~ -:ll i\. L:C , " '=> ~ ;::) (-.J ~ J. ", :J ~ <::) t' . ~I", C. ,=\ , ~ C) III ~ ill:. ~ . .......... i'- .. ~ ~ l!, I- e; .J Ci" ~) Vl<t <tH ~Z ...:l<t llo> ~ ...:I Z>- .... ..... ~ OVl .... C U :EZ 'M III I>: :EZ ..... '0 0 ~ O~ ~ C - C > ~ ~ " up.. <t 'M HCll H S ...:I - III H.... 0 - . 5 ~ ~= ~ . 1>:.-1 Cll - ~ f 0 . :I:llo -0 Z S ~ 0 0 I>: H . - E-: 0 0 E-< . ::l0 H :E Z 1 5 OZ E-< N H u<t u . <t ...:I <t <t <t ...:I ~I>: I>: . llo ~ :I:1LI ...:I <t > I>: :E E-<aJ H aJ ~ 0 :E . > I>: l? U Z::lOH <t 0 HUZU aJ I>: " ,f . Hill Klt"IO"U"'.C'"'' ...tllt' OHf'WO" OOA'WfM'MlIlJnls"n, " 14. The child is presently in the custody of Plaintiff, who resides at 101 Howard Street, Enola, Cumberland County, Pennsylva- nia. 15. During the past five years, the child has resided with the following persons at the following addresses: Persons Address Dates Plaintiff and 371 Old York Road 9/92 to 9/93 Defendant New Cumberland, PA 17070 Plaintiff and 101 Howard Street 9/93 to 9/94 Defendant Enola, PA 17025 Plaintiff 101 Howard Street 9/94 to 7/95 Enola, PA 17025 Plaintiff and 101 Howard Street 7/95 to present Jeff L. Haulman Enola, PA 17025 16. The Mother of the child is Plaintiff, Barbara Z. Mohr. 17. The Father of the child is Defendant, Roger A. Mohr, II. 18. Plaintiff has not participated as a party or witness, or in another capacity, in other litigation concerning the custody of the child in this or another court. 19. Plaintiff has no information of a custody proceeding concerning the child pending in a court of this Commonwealth. 20. Plaintiff does not know of a person not a party to the proceedings who has physical custody of the child or claims to have custody or visitation rights with respect to the child. 3 ir. C) r;' ~ .-:'., l-: :,:~...~ tJJ~; ! .:... 0<', - -,,~j~.. .. r(. (:..- ;": '~ ...l...", t l.. r ~ :r ' ~(: C<l C1 L. ,..1;'< ",{. I .~. l' ' c..!:' :,:"(:"1 u:. :::.1 tUO- t::': tL"l,:. Fr.. II. r- ::) 0 cr u ,; ,', " ...> ,l. " I!l' , (',. -,-( bO'- -j ClI- o' '.'":t .., n .' , .. U l... I : J~\... Il- l- I t_) C'" i) Vl<t <tH I>: ~Z ~ ...:I<t 0 llo> Z ~ ...:I ::l z>< .... ..... ~ OVl .... C E-<:I: ~~ 'M III HE-< ~ ..... 'tl > O~ ~ c . c <t~ ~ 5 ~ Ullo <t 'M H C1l 00 - . ~ ...:I - III H.... H ~~~ f ~ - 1>:.-1 C1l ~- 0 . I :I:llo -0 ~'tl o . oj 0 0 I>: <t- . -. E-: 0 0 VlOO j ~ ~ ::l0 H~ :E - M 0 OZ E-: ~ ...:I <to <t > <t HZ~ ~I>: > I>: E-<OU ~ :I:~ ...:IH <t I>: ZHI>: E-<aJ HO aJ 1LI HE-<O :E .> I>: l? <tu> Z::lOHZ <t 0 ...:I~H HUZUH aJ I>: lloVlO ~- . .', _HI ,.. .lOti"..,. IS"" J. rll" 01...,.. O:JA.....,..1f01l1i"lt.", - .' ~ >- M ~ cr. C"; i5 -. .. .:.. 0 - :-,~ ~? ,.:);.;;- fEn =<i '~)~.-:: .L..:r ~'~; iJ;q h.: -'3' tl_ 1:-1 ~I"; .1. .~. ." ;:.iiQ ~ F ==i :\):1.. ~ lL r- :=J 0 C' U en g o - Z ~ ~ < ) = ~ ~j b J~ d )0 - :< M ~ = z rdsl: H ~~ " < 0 _ " 0- .. .. ~ ~ " . , .