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HomeMy WebLinkAbout97-03647 ( '", .~ .. ~ .. ~ \II ~ ~ .. ~ ~ .... ~ :---- .. .J f'" ':>- -...) t<") ~ ,/ ~ ~ ", , ~'"'" ", / /'" -" , ' .:+;. .:+:. .:+;. ~:.:. .:+;. .:.:. -:.:. .:+:. .:+;. .:+:. .:+:. .:.:- .:.:- .~~ .:+:. ....;;. .:+;. .:+:. -:+:. .:+:. :. -:.~. -:.:..:.:. .:+:. .:+:. .:+;. .:.:: .:<<. .:.:7";4, ~ r ____~_......._....._.....~. --...~~._--'"" _.- ~ -- ...- ._. v__~-..__~_ "~_"_'~--"""--__ - ~ --. ~ -. -, '0 -." ...~ ,'_.,._~_._----~---- -----------.---. ~ $ ~ ~I "I ~l , , ~ ~ @' * ~ '.' ~ ~ ~! ~ * * ~l ~l ',') * ~ ~ .. * ~ * * * ~ s ~ * * ~ ~ ~ ~l -"j ~l ~i ~i !:'! ~! :;- '.~:. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY l":t ,,~~ 'C:-(~~ \"~~J.~r'" STATE OF DENISE D. MINNICH, Plaintiff \'t'I'.';Il~ THOMAS F. MINNICH, JR., Defendant PENNA. i\ (I, 97~3647 CIVIl, . DECREE IN DIVORCE ~ :~ ~~..~..~,.~.~.~..~,~..~..~.~.,~._~_.~,.~,.~,~.~.,~,.~-~.~..~.~..~.~.~..~. AND NOW, ,,"eu.,~C,). ,1:'5,.,.., ,,19'\ i" it is ordered and ......... ............ , , . . , , . . , , ,. , " plaintiff, , , , . . . , , . '. defendant, decreed that Denbe D. ~linnich and, . , . . . , ' . . . , . . , . ,Tho,mas F.~linnich,Jr.. . 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 0 final order has not yet been entered; ,The attached Property Settlemcnt Ag-rcc,ment dated. Sc(?tcmber .17" 1 ~~7 I~, , . herebyincorporatcd, but not merged, into this, Dcc,rcc in Divorce, , IIv Th,' cou~:a O~ ~ AIl",t: J ~.t/A (' C7 I /( /.l7;:. -.<'.. J. U-y;i....'U~<<.:. ~ (t.-Z(;('.t., -::{"f lr4'J,~..,.-.a".r '.l~>,/" A' ~,(d -y,t' v ;? . ./ Prothonotary ~ ',' ~ ',' * " ~ s ~ ~ ',' * $ ~ '.' ~ '.' s ~ ',' ~ ',' ~ t.. s ~ ',' ~ ~ (" II~ I: .. s s s s "S ;~ ~ ~ ,~ ~ ~ ~ ~ " ~ ~ PROPERTY SETTLEMENT AGREEMENT THIS AGREEMENT, made this /'11k day of ~}}<.lJ{)J , 1997, by and between THOMAS F. MINNICH, JR., hereinafter called "Husband", and DENISE D. MINNICH, hereinafter called "Wife". WITNESSETH: WHEREAS, Husband and Wife were legally married on June 13, 1993; WHEREAS, differences have arisen between Husband and Wife in consequence of which they desire to live separate and apart from each other; and WHEREAS, Husband and Wife desire to settle and determine their rights and obligations. NOW THEREFORE, in consideration of the premises and covenants contained herein, it is agreed by and between the parties hereto that: 1. SEPARATION. It shall be lawful for each party at all times hereafter to live separate and apart from each other at such place as he or she from time to time shall choose or deem fit. The foregoing provision shall not be taken as an admission on the part of either party of the lawfulness or unlawfulness of the causes leading to their living apLlrt. 2. INTERFERENCES. Each party shall be free from interference, authority and control by the other, as fully as if he or she were single and unmarried, except as may be necessary to 4, DIVISION OF PERSONAL PROPERTY. The parties have divided between them to their mutual satisfaction, personal effects, household goods and furnishings and all other articles of personal property which have heretofore been used in common by them, and neither party will make any claim to any such items which are now in the possession or under the control of the other, Should it become necessary, each party agrees to sign any title or documents necessary to give effect to this paragraph, upon request. 5. EQUITABLE DISTRIBUTION. Husband agrees to pay to Wife in the form of equitable distribution, the sum of $26,500.00 on or before August 1, 1998. In the event Husband fails to make payment on or before the date specified, he shall owe to Wife the sum of $10.00 per day in the form of a late fee. Wife agrees to execute the deeds more particularly referred to in Paragraph 3 hereof at the time of receipt of the payment set forth above. 6. MEDICAL INSURANCE. Wife agrees that Husband shall remain on her medical insurance as provided by her employer (AMP Keystone Health Plan) until the final Decree in Divorce is entered. 7. TAX ON PROPERTY DIVISION. Husband hereby agrees to pay all income taxes assessed against him, if any, as a result of the division of the property of the parties hereunder. Wife hereby agrees to pay all Income taxes assessed agoinst her, if ony, as a result of the division of the 3 property of the parties hereunder, 8. ASSUMPTION OF DEBTS. Other than specifically set forth in Paragraph 3 hereof, Husband shall be solely responsible for the following debts: (A) Community Banks loan' no. 55181110 with an approximate balance of $24,600,00; (B) Pennsylvania National Bank Ready Equity account no, 930,46218 with an approximate balance of $10,660,00; (C) Advanta Visa account no 4326 8352 2400 7508 ($400.00 credit); and (D) First USA Visa account no. 4417 1128 6563 1347 with an approximate balance of $1,275.00. Husband shall take immediate steps to have Wife's name removed from the aforementioned debts and shall pay the balances due promptly. He shall indemnify and hold Wife harmless on said debts pending her removal and upon receipt, shall provide to Wife evidence of her removal from the debts. Wife shall be responsible for the balance due on the Members 1 st Visa account no. 41214499998241009 with an approximate balance of $1,000,00. Wife shall close said account and pay the balance due consistent with the terms of the credit card. Wife shall indemnify and hold Husband harmless on said account pending the payment of the balance. All further debts incurred by the parties shall be their individual responsibility. 4 9. BANI< ACCOUNTS, Husband shall retain the Community Banks checking account no, 5518111734 with an approximate balance of $ 1,000.00 and savings account no, 5580511106 with an approximate balance of $300.00. Wife's name shall be removed from said accounts, Wife shall rctain ownership of the Members 1 st checking account no. 24100 with an approximate balance of $380.00. 10. TIME SHARE. At the time of the transfer of the real estate referred to in Paragraph 3 hereof. Wife shall sign any documents necessary to transfer ownership of the Morritts Tortuga Time Share to Husband individually. 11. MOTOR VEHICLES. Wife shall retain as her sole and separate property, the 1995 Toyota Corolla and shall indemnify and hold Husband harmless on the loan to Members 1 st for the said vehicle. Husband shall retain as his sole and separate property, the 1993 Toyota Truck and the 1986 Volkswagen Cabriolet. If necessary, each party shall execute any documents for transfer of titles to the said vehicles. 12. LIFE INSURANCE. Husband shall retain ownership of his Nationwide life insurance policy and Wife 5 shall retain ownership of her Prudential vmiable life Insurance policy, Each party shall retain any cash value in the said policies. 13. PENSIONS. Each party shall retain as their sole and separate property, any pension benefits through their respective employers, Husband shall retain ownership of his 401 (k) plan through Frey Mechanical Group and Wife shall retain ownership of her pension and 401 (k) plan through AMP, Incorporated. Each party shall execute any documents required by any of the retirement plans to transfer ownership consistent with the terms of this paragraph. 14. ATTORNEY'S FEES. The parties agree that they shall share equally attorney's fees and costs in this action payable to counsel for wife, John J. Connelly, Jr., Esquire. These tees shall include, but not be limited to, office consultations, preparation of pleadings, tiling fees and other related expenses in order to finalize the divorce action, 15. 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 sllch breach. The party breaching this contract shall be responsible for the payment of legal fees and costs incllrred by the other in enforcing his or her rights under this Agreement, or seeking sllch other remedy or relicf as m<lY be <lv<lil<lble to him or her, G 16. FULL DISCLOSURE. Husband and Wife each represent and warrant to the other that he or she has made a full and complete disclosure to the other of all assets of any nature whatsoever in which such party of every type whatsoever and all other facts relating to the subject matter of this Agreement, 17. ADDITIONAL INSTRUMENT. Each of the parties shall on demand execute and deliver to the other any deeds, bills of sale, assignment, consents to change of beneficiary on insurance policies, tax returns and other documents and do or caused to be done any other act or thing that may be necessary or desirable to the provisions and purposes of this Agreement, If either party fails on demand to comply with this provision, that party shall pay to the other all attorneys' fees, costs and other expenses reasonable incurred as a result of such failure. 18. WIFE'S DEBTS. Wife represents and warrants to Husband that since the parties' separation she has not and in the future she will not contract or incur any debt or liability for which Husband or his estate might be responsible and 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. 19. HUSBAND'S DEBTS. Husband represents and warrants to Wife that since the parties' separation he 7 has not and In the future he will not contract or incur 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 by reason of debts or obligations incurred by him. 20. WAIVERS OF CLAIMS AGAINST ESTATES. 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 marital relationship, including without limitation, dower, curtsy, statutory allowance, widow's allowance, right to take in intestacy, right to take against the Will of the other, and right to act as administrator or executor of the other's estate, and each will, to the request of the other, execute, acknowledge, and deliver any and all instruments which may be necessary or advisable to carry into effect this mutual waiver and relinquishment of all such interests, rights and claims. 21. REPRESENTATION. It is recognized by the parties hereto that Wife is represented by John J.Connelly, Jr., Esquire. It is fully understood and agreed by the parties that by the signing of this Agreement, each party understands the legal impact of this Agreement and further acknowledges that the Agreement is fair and reasonable and each party intends to be legally bound by the terms hereof. 8 22. VOLUNTARY EXECUTION. The provisions of this Agreement are fully understood by both parties and each party acknowledges that this 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. 23. 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. 24. PRIOR AGREEMENT. It is understood and agreed that any and all property settlement agreements which mayor have been executed prior to the date and time of this Agreement are null and void and of no effect. 25. MODIFICATION AND WAIVER. Any modification or waiver of any provision 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 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, 26. GOVERNING LAW. This Agreement shall be governed by and shall be construed in accordance with the laws of the Commonwealth of Pennsylvania, 9 27. INDEPENDENT SEPARATE COVENANTS. It is specifically understood and agreed by and between the parties hereto that each paragraph hereof shall be deemed to be a separate and independent covenant and agreement, 28. VOID CLAUSES. If any term, condition, clause, or provision of this Agreement shall be determined or declared to be void or invalid in law or otherwise, then only that term, condition, clause or provision shall be stricken from this Agreement and in all other respects this Agreement shall be valid and continue in full force, effect and operation. 29. ENTRY AS PART OF DECREE, It is the intention of the parties that this Agreement shall survive any action for divorce which may be instituted or prosecuted by either party and rio order, judgement or decree of divorce, temporary, final or permanent, shall affect or modify the financial terms of this Agreement. This Agreement shall be made a part of any such judgment or decree of final divorce. 30. DIVORCE ACTION. The parties shall, upon presentation, execute documents necessary to finalize the divorce action indexed to number 97 ' 3647 Civil, in the Court of Common Pleas, Cumberland County, Pennsylvania, Said documents shall include, but not be limited to, Affidavits of Consent and Waivers of Counseling and Waivers of Notice of Intention to Request Entry of a Divorce Decree. 10 31. DOMESTIC RELATIONS CODE OF THE COMMONWEALTH OF PENNSYLVANIA. Except as specifically provided in this Agreement, each party waives any claim they may have against the other under the Domestic Relations Code of the Commonwealth of Pennsylvania including, but not limited to, alimony, alimony pendente lite, counsel fees, costs and equitable distribution of marital property, IN WITNESS WHEREOF, the parties hereto, intending to be legally bound hereby, have hereunto set their hands and seals the day and year first above written. WITNESS: '\ -.... ' ,\ ' '\ " \ \.. );~ "v\,-lJJ \ L_ . j \/ Denise D. Minnich )", ,"",' r- I, ,-~f)/tt7': . Thomas F. Minnich, Jr. 11 COMMONWEALTH OF PENNSYLVANIA COUNTY OF ~u.pf~v On this, the / 1Rday of ~J}1Lb(J , 1997, before me, a Notary Public, ss. personally appeared Denise D, Minnich, known to me to be the person whose name is subscribed to the within Property Settlement Agreement and acknowledged that she executed the same for the purposes therein contained. IN WITNESS WHEREOF, I hereunto set my hand and official seal. COMMONWEALTH OF PENNSYLVANIA NOTARIAL SEAL J!OAN L. KOSIER, NolaIy Publlc CIty !Jt Harrisburg, Dauphin County M)' Commis:sion Expire! Nov. 29. 1999 55. COUNTY OF /-A^-lC-l..)~jTEL II, On this. the 'I day of 'I :.",\ ,.', . 1997, before me, a Notary Public, personally appeared Thomas F. Minnich, Jr., known to me to be the person whose name is subscribed to the within Property Settlement Agreement and acknowledged that he executed the same for the purposes therein contained. IN WITNESS WHEREOF, I hereunto set my hand and official seal. " I. " I f, " ." ': I' I ' NOTARY PUBLIC NOTARIAL SEAL JOAN E WESTEN HOEFER. NoUry Public Rapho h,p, Lancaster County, PA My CommiSSIon [..,ifC I~:: 27 20Jl ~-~,.- --.. --" ,.-. -..-- 'ILl DENISE D. MINNICH, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 97 3647 CIVIL THOMAS F. MINNICH, JR., Defendant CIVIL ACTION - LAW IN DIVORCE 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 (XX) 3301 (c) ) 3301 (d) of the Divorce Code, 2. Date and manner of service of the Complaint: August 2. 1997 by Certified Mail No. P 397 739 904. Complete either paragraph (a) or (b), (a) Date of execution of the Affidavit of Consent and Waiver of Counseling required by Section 3301 (c) of the Divorce Code: by Plaintiff: 12-111-97 .1997; by Defendant: 11-25-97 , 1997. (b) (1) Date of execution of the Plaintiff's Affidavit required by Section 3301 (d) of the Divorce Code: (2) Date of service of the Plaintiff's Affidavit upon the Defendant: 4. Related claims pending: All claims of record have been settled pursuant to a Property Settlement Agreement dated September 17, 1997 signed by the parties, DENISE D. MINNICH, PLAINTIFF v. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 97. .31. If 7 C,:,J '!J.<- THOMAS F. MINNICH, JR., DEFENDANT CIVIL ACTION - LAW IN DIVORCE NOTICE OF A V ATLABlUTY OF COUNSELING To the Within Named Defendant: You have been named as the Defendant in a divorce proceeding filed in the Court of Common Pleas of Cumberland County. This notice is to advise you that in accordance with Section 3302(d) of the Divorce Code, you may request that the Court require you and your spouse to attend marriage counseling prior to a divorce decree being handed down by the Court. A list of professional marriage counselors is available at the Office of the Prothonotary, One Courthouse Square, Carlisle, Pennsylvania. You are advised that this list is kept as a convenience to you and you are not bound to choose a counselor from this list. All necessary arrangements and the cost of counseling sessions are to be borne by you and your spouse. If you desire to pursue counseling, you must make your request for counseling within twenty (20) days of the date on which you receive this notice. Failure to do so will constitute a waiver of your right to request counseling. Prothonotary ~, (:J ~~i9. rJ I i I:. e) '\ ~ ~ u: "f' I'. I.. "...... ~ I'() , I" '- '- , , " , , J ~ ,- L_ , ~ ~ I , ~ ~ " r" '1;;:) l' - ~ ..:.... "J ~ r- (\"<- ~ "'- ""-\, ~\' --- roo. ~, ~ '0 DENISE D. MINNICH. Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 97 - 3647 CIVIL THOMAS F. MINNICH, JR., Defendant CIVIL ACTION. LAW IN DIVORCE PRAECIPE TO WITHDRAW CLAIM TO THE PROTHONOTARY: Please withdraw the claim for Equitable Distribution in the above-captioned divorce action. CONNELLY, REID & SPADE '1 Date: Id-. - 5 -q '1 By:" ohn . on tor e for laintiff 108-112 Walnut Stree Post Office Box 963 Harrisburg, PA 17108 (717) 238-4776 PA 1.0, No. 15615 < i , i , , ! I 1 '''', ", I I , ~, .J participate In counseling prior to a divorce decree being handed down by the Court. 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.A. Section 4904, relating to unsworn falsification to authorities. Date: IIJ. - / - <7 '7 ~tI \\~D . \lJ.l~'\.i J"-.. Denise D. Minnich, Plaintiff DENISE D. MINNICH, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY. PENNSYLVANIA v. NO, 97 3647 CIVIL THOMAS F. MINNICH, JR., Defendant CIVIL ACTION - LAW IN DIVORCE DEFENDANT'S AFFIDAVIT OF CONSENT AND WAIVER OF COUNSELING 1. A Complaint in Divorce under Section 3301 (c) of the Divorce Code was filed on July 7, 1997. 2. The marriage of the Plaintiff and Defendant is irretrievably broken. and ninety days have elapsed from the date of both the 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. 4. 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. I further understand that the Court maintains a list of marriage counselors in the Prothonotary's Office, which list is available to me upon request. Being so advised, I do nN request that the Court require that my spouse and I v. NO. 97 3647 CIVIL 0;:---. . , -"....,"...,., '1..-- _ DENISE D. MINNICH, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA THOMAS F. MINNICH, JR., Defendant CIVIL ACTION - LAW 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 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.A, Section 4904, relating to unsworn falsification to authorities. Date: , , I' , ! Thomas F. Minnich, Jr., Defendant 'C?~ !I' \..' ". . " ~,~ C"; l:. I I}" I' ~ I . C ._ " , ~-, (_' I : l. I- I lc ( "-' " r- , <') a' i) '. -- r.. 1 ~.~ '..J , .., -:.- , " .l '-"- :J :J n u '.3 ~ .. ~ "i ~ ..... <:- - '" '" J \.., ti J Cl ~J iY en r; Co 1:: , ~ ~~'.:~.: - .:c ~- ,- ;:1 .I.._L ....; CII'~ 6" '..,7) \.. .~ '"-' I .', ~l' . ""11 l~ . , lC- " \.'. e:::; :.> C If' U