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HomeMy WebLinkAbout97-03104 >- Q) .~ '- ~ ::t ~ t- ~ ~ ~ ~ J , . r~~~-~-~----~~~--------------~ ~ . ~ ~ 8 ~ ~ ~ ~ ~ g ij ~ II . 1'1 l~or.LR:",,,,,,, .. ..w .... .......... I i ~ ~ ~ ~ ; ~ I I i ~ g ~ i ~ ~ ~ ~ ~ - . ~_._- IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY STATE OF '* PENNSYLVANIA ..,lo.n...C ,..ll\\J::!1h~y..... ..... .......... .............................. No. .....JW4.......... .....C..........1917 .................................... ......-......................................... Versus DECREE IN DIVORCE AND NOW,.. .Q.c,t~ ..,z............ 19 .~~... It Is ordered and decreed that . .J.o.I1.<:'. H~r:~I1~y...... . . . . . ........... ...... ... ..., plaintiff, and... .!l.1>cbel.8. .llet'shey..........,.......................... 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; None . '!-N!l. ~gr~~~!l):. pf. ~~. .1.3.,. .1.9.9,7, .i.~ .11~r:~qy' .~lJ<:<1ry,qr:l!~~c! .~l)~c!. ~~~...... ... . Final Divorce Decree .......... ........ .................... ..................................... Dy The Court)? ,f J A";;;IL~ ~d~~;;';;j ....~J1" ..r ~,... %.P~oth~~~ta.~y... ~ 8 .M ----------------------- ~ . ~ ~ ~ ~ ~ ~ ~ J. ~ ~ ~ ,. l( i . i ~ ij l"i ~ ~ ~ ~ ~ M ,. , ~ ~ 8 .:i " ~ ~. ~ '=' s s w " "'" .' " 10. The parties shall keep all IRA's, 401 k's and other retirement accounts which are held in their names as personal property, free and clear of claims from the other party, 11. Except as otherwise provided herein, Husband assumes full responsibility for any indebtedness which he has contracted or incurred in his name, alone or jointly, after the date of the execution of this Agreement. Husband represents and warrants to Wife that, since the filing of the divorce action, he has not contracted or incurred any debt or liability, for which Wife or her Estate might be responsible, and shall indemnify and save Wife harmless from any and all claims or demands made against her or her Estate by reason of debts or obligations incurred by Husband and/or assumed herein. 12. The parties specifically agree that all bank, savings, cash and checking accounts shall become the sole property of party named on the account. 13. The parties agree that any property not assigned in this Agreement as marital or nonmarital property will be deemed the property of the possessor of said property. 14. Each of the parties hereto agrees that he or she will join in the execution, acknowledgment and delivery of any deed or other document which may be reasonably necessary to carry out the intent of this Agreement, and, In the event either of the parties hereto would not join in the execution, acknowledgement and delivery of such instrument, then such party does hereby irrevocably appoint the other party hereto as his or her Attorney-In-Fact to execute, acknowledge and delive- such Instrument hereby ratifying all that such other party hereto may do by virtue hereof with a copy of this ~~~ ~tJ- Page 4 of 11 , , " Agreement to be a sufficient Power of Attorney to carry out the intent and purpose of this paragraph. Nothing contained in this section shall affect the right of one party to expressly include or exclude, as the case may be, the other party as beneficiary in any will, Insurance polley or other document whether the same is presently in effect or would become effective in the Mure. 15. As there will be a divorce proceeding commenced in Cumberland County, the parties hereby mutually consent to a divorce and the entering of a divorce decree on the no-fault grounds that their marriage is irretrievably broken pursuant to ~3301 (c) of the Pennsylvania Divorce Code. Parties herein shall execute Affidavits of Consent and a final decree in divorce will then be obtained. 16. Husband and Wife agree to file individual tax returns for each year beginning in 1997 and thereafter until their divorce is final. 17. Husband and Wife agree to divide their deductions for dependant children as follows: a. In ODD years, beginning with 1997, Husband shall have the right to claim two children as dependents on his tax returns, while Wife shall have the right to claim one child on her tax retums. b. In EVEN years, beginning with 199B, Wife shall have the right to claim two children as dependents on her tax returns, while Husband shall have the right to claim one child on his tax returns. JCH \ \"'\\ RRH~ Page 5 of 11 28. Each of the parties hereto acknowledges that there has been full disclosure of all relevant matters of each party to the other party, that each of the parties is fully cognizant of his and her legal rights and liabilities with respect to the terms and conditions of this Agreement, that he and she understand the legal effect of the provisions of this Agreement and acknowledge that this Agreement is fair and equitable to each of the parties hereto, and that this Agreement was entered into voluntarily and without any undue influence or duress upon either party hereto. 29. This Agreement constitutes the entire understanding and agreement between the parties hereto, and there are no other representations, warranties, covenants, understandings or agreements other than those expressly set forth herein, 30. This Agreement shall be interpreted in accordance with the laws of the Commonwealth of Pennsylvania. 31. It is specifically understood and agreed by and between the parties hereto, that each paragraph shall be deemed a separate and independent covenant and agreement. 32. Except as herein otherwise provided, each party may dispose of his or her property in any way, and each party hereby waives and relinquishes any and all rights he or she may now have or hereafter acquire, under the present or future laws of any jurisdiction, to share in the property or the estate of the other as a result of the martial relationship, including, without limitation, dower, curtesy, statutory allowance, widow's allowance, right to take intestacy, right to take against the will of the other, and right to act as administrator or executor of the other's estate. Each will, at the request of the JCH c-~ RRH~ Page 8 of 11 .. '.. .' COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND 55. -- On this, the /3 day of ~ ~ I JA/L . 1997, before me, a Notary Public, personally appeared :EAJ C. JJ o/~ and In due form of law acknowledged the foregoing Property Settlement Ag ement to be her act and deed, and desired that the same might be recorded as such. Sworn to and subscribed be~ me this ..!2- day of cJ~ , 1997, Dwz fYI Siv~ Notary Public NOTARIAl. SEAl. DAWN M. SHUGHART, NoJIry Public Carlisle. Cumb<<land Counly My Commission ExpIm Nov. 28, 1998 Page 10 of 11 >- o. (: c' .:J " ~;~ t~ " ",r': C': '-~ ' '. ( l"'. ,-( . ; : f" -. '- .~~. c;1': ;:"-.1 ~., I'., !_~ , 17'; . :.'l.-? 1::":"'-- " ',", ~t:. 1-- ~:if.2 .. "'.' ,_. c:;; :-5 ,'- ,- u en (.) . . fr: C) <:: Ll. l~ ,. A' ?. \-:~ C~ -::','..< UJ8 ::<',:-: 0.... u:s,: '; ..... . ..~ ~;; .i:J- ...~:~~ n In ',' l::/t '" ;1:::.; w~- . " ,(....~, -!p" t- o lILt tF:J.:', W. .::!~~ l,o I- e 1.1_ r- '5 0 0' 0 .... .....,;' . ., ,'. . , ..; ":,'':,' r', .. '" '... , ,. '. ~. ..' ::. .~t . . ,~. ... . '. , .. .' . .;/ ., ..... ': " ..-.,....,.. , >. Ct , u- O' .:.: Lr; . .' lllf' (~ '. . (J .~ < \ "- n-:~,. (1': ' ~ .-; \ ~ 6;- ..' c' -.i lJ'I' ,.,) .~ ~ ~ ... c.:,' . .;d ~ ~: . .- II. -, ,:u_ ~ 0 r- .l ~ \ <y, ':.) , ~ ....... . ~ ..,~. i5; - ~~ .( (~ ,.. 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