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HomeMy WebLinkAbout97-04031 l . .. -.....(. ~ ~ . .. ....J ( ... ~ - '.. .:) - CJ - N) o ~ t r:-( e-i i ~. ..., :> , ;/ 1.;1 '1'7 6vl t~ ~cdJ/ Z atf .JCI>e# III,) <1'/ 'rt1l'4:~ ;t?;:a" -d ~~.:t-:Y (" - ,'" '-. i' , . o ...J ::J 0 o ~ t; !:: ~C)~~fCl I&J !i en .! u .... z z . ;;:O~.(~" &.. W % ~ " o Z Ill' ~(f)a:liiz!:: ~<g~~... ~ c OJ ~ o ~ J: t- . . . MARRIAGE SETTLEMENT AGREEMENT THIS AGREEMENT made this d5 day of Se:~Te;/"1t1Er 1997, by and between Phillip C. Linn, (hereinafter referred to as "Husband,") and Erin M. Linn, (hereinafter referred to as "Wife"). WITNESSETH: WHEREAS, the Husband and Wif9 were lawfully married on January 19, 1991; and WHEREAS, differences have a~isen between Husband and Wife in consequence of which they intend to live apart from each other; and WHEREAS, Husband and Wife desire to settle and determine their rights and obligations; and NOW, THEREFORE, the parties intending to be legally bound hereby do covenant and agree as follows; 1. SEPARATION It shall be lawful for each party at all times hereafter to live separate and apart from the other party at such place or places as he or she may from time to time choose or deem fit. The foregoing provisions shall not be taken as an admission on the part of either party as to the lawfulness or unlawfulness of the causes leading to their living apart. 2 . INTERFERENCE Each party shall be free from interference, authority, and contact by the other as fully as if he or she were single and unmarried except as maybe necessary to carry out the provisions of the 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. 3. DIVISION or PSRSONAL PROPERTt The parties have divided in accordance with the schedule attached as exhibit A to their mutual satisfaction the personal affects, household furniture and furnishings and all other article. of per.onal property which heretofore have been u.ed by them in common. Neither party will make any claim to any .uch it.ms which are now in the po.....ion or und.r the control of the other. 1 4. AUTOMOBILES During the marriage the parties purchased a 1993 Toyota 4X4 and a 1989 Chrysler LeBaron. The LeBaron is titled in Wife's name and the Toyota is titled in Husband's name. The parties agree that Husband shall be solely responsible for all loan payments, maintenance, insurance and other costs or fees related to the Toyota. Husband agrees to indemnify and hold Wife harmless for any and all liability related to the Toyota. Wife shall be solely responsible for all payments, maintenance, insurance and other costs or fees related to the LeBa::on. Wife agrees to indemnify and hold Husband harmless for any and all liability related to the LeBaron. 5. DIVISION OF REAL PROPERTY The parties do not own any real property. 6. MARITAL DEBTS Husband shall be responsible for all marital debts solely in his name and Wife shall be responsible for all marital debts solely in her name. Husband shal::' indemnify and hold Wife harmless for any debt in his name. Wife shall indemnify and hold Husband harmless for any debt in her nam~. 7. PENSION AND RETIREMENT ACCOUNTS Husband and Wife shall maintain their separate pension and/or retirement accounts. Husband relinquishes any and all rights he may have in Wife's pension or retirement accounts and Wife relinquishes any and all rights she may have in Husband's pension or retirement accounts. 8. SUPPORT/ALIMONY/ALIMOrrC PENDENTE LITE The parties hereby waive, release, discharge and give up any rights either may have against the other to receive spousal support, alimony pendente lite o~ alimony. 9. rILINO or IRS RETURN Husband and Wife agree to file a separate tax return for tax year 1997 and all subsequent years. 10. DIVORCE Husband has filed a complaint in divorce docketed at No. 97-4031 CIVIL TERM in Cumberlan.j County. The parties agree to cooperate with each other in obtaining a final divorce of the marriage. It is agreed that at the expiration of the mandatory 90 2 day waiting period the parties will execute and allow to be filed the documents necessary to obtain a No-Fault divorce pursuant to section 3301(c) of the Pennsylvania divorce code. 11. INCORPORATION This agreement is to be incorporated into any subsequent Degree in Divorce. 12. CONTINUED COOPERATION The parties agree that they will within fifteen days after the execution of this agre~ment execute any and all written instruments assignments, releases, deeds or notes or other such writings as may be necessary or desirable for the proper effectuation of this agreement. 13. 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, and the party breaching this contract shall be responsible for the payment of legal fees and costs incurred by the other in enforcing their rights under this agreement or for seeking such other remedies or relief as may be available to him or her. 14. VOLUNTARY ACREEMENT The provisions of this agreement are fully understood by both parties and each party ackno\~ledges 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. 15. WAIVER or CLAIMS ACAINST 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 prop!rty or the estate of the other as a result of the marital relationship, including without limitation, dower, curtesy, statutory allowance, widows allowance, right to take in intestacy, right to taxe against the will of the other and the riqht to act as administrator or executor of the other's estate. 16. BINDING AFFECT This agreement shall be binding upon the parties' heirs, successors and assigns. 1 t III ..... ~ >: t: n. If: 0 t-.. i-j ". LII~~ I.l'l ~ @) ~t :;,: bO (... 2 - t- " 0 n; ,- - .- - " ('-.J '-, ~ ~ , -. w If', i..,~ ,- q( " I,' ~"1 U. ,.... U t.I 0 0' l ~ ~ ~ "'!iO < w _ ~oiI ... W II: Cl ~ It Z ! . ~ ~ ~ I S;:,"zO;;; \Jl w ...,... j ~ ~ ~;. o c- ... w % ,... ~ OJ ~ i .. ~ . PHILLIP CARL LID, JR., . IN THE COURT or COMMON PLEAS . PLAINTIFF . CUMBERLAHDCOUNTY, PEDSYLVANIA . . . NO. 97 -1(;31 v. : CIVIL TERM . . ERIK MARr LID, : IN DIVORCE DEFENDANT . . NOTICE TO DErEND AND CLAIM RIGHTS rou 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 claim or relief requested in these papers by the Plaintiff. You may lose money or property or other rights important to you, including custody or visitation of your children. When the ground for is indignities or irretrievable breakdown of the marriage, you may request marriage counseling. A list of marriage counselors is available in the Court Administrator's Office, Fourth floor, Cumberland County Courthouse, Hanover and High Streets, 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 TAItE 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. Cumberland County Court Administrator Cumberland County Courthouse Fourth Floor Hanover and High Streets Carlisle, PA 17013 (717) 697-0371 Ext 6200 PHILLIP CARL LID, JR. : IN THE COURT OF COMMON PLEAS PLAINTIrF . CUMBERLAHD COUJrrY, PEDSYLVANIA . . . v. . NO. 97 - '11.'3/ CIVIL TERM . . . ERIM MARY LID, . IN DIVORCE . DErENDAHT . . COMPLAINT UNDER SECTION 3301(c) OR 3301(d) OF THE DIVORCE CODE IN DIVORCE 1. The Plaintiff is Phillip Carl Linn, Jr. who resides at 124 W. Portland Street, Apartment #6, Mechanicsburg, Cumberland County, Pennsylvania 17055. 2. The Defendant is Erin Mary Linn who resides at 2 Village Road, Mechanicsburg, Cumberland County, Pennsylvania 17055. 3. The Plaintiff and Defendant have been bona fide residents of the Commonwealth of Pennsylvania for at least six months immediately prior to the filing of this Complaint. 4. The Plaintiff and Defendant were married on January 19, 1991 in Cattarugus County, New York. 5. There have been no prior actions of divorce or annulment between the parties in this or any other jurisdiction. 6. The marriage is irretrievably broken. 7. The Defendant is not a member of the Armed Services of the United States or any of its Allies. 8. The Plaintiff has been advised of the availability of counseling and that he may have the right to request that the Court require the parties to participate in counseling. v. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 97 - 4031 CIVIL TERM IN DIVORCE PHILLIP CARL LIMN, JR. PLAINTIFF ERIN MARY LIMN, DEFENDANT AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed on July 24, 1997. 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety (90) days have elapsed from the date of 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 t~request entry of the decree. I acknowledge that pursuant to Rule 1920.42(e) I have waived the requirement that I receive notice of intention to request entry of the decree. 4. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses, if I do not claim them betore a divorce is granted. I verity that the statements made in this Affidavit are true and correct. I understand that false statements herein are subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. DArED: i / ~ ..., . (' .~ " ..". ....- / '-.". I _ /l ~I / .,..--. \ .' , './ / " ',' --" ~-- ,,-, ',.I' ' .... ,I" , p~ifii;~~ri fr~:J;:1 ...,,, , . v. . . . . . . IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 91 - 4031 CIVIL TERM PHILLIP CARL LINN, JR. PLAINTIFF ERIN MARY LINN, DEFENDANT . . IN DIVORCE AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed on July 2~, 1997. 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety (90) days have elapsed from the date of 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. I acknowledge that pursuant to Rule 1920.42(e) I have waived the requirement that I receive noticE of intention to request entry of the decree. 4. 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. I verify that the statements made in this Affidavit are true and correct. I understand that false statements herein are subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. "~ DATED: / ' > ,I . . " ! I . I t" ~ .i " IriD Mary LLDD I / PHILLIP CARL LINN, JR. . IN 'rHE COUR'r OF COMMON PLEAS . PLAIN'rIFr . CUMBERLAND COUNTY, PENNSYLVANIA . . . v. . NO. 97 - 4031 CIVIL TERM . . . ERIN MARY LINN, . IN DIVORCE . DEFENDANT . . WAIVER OF HO'rICE or INTENTION TO REOUEST ENTRY or A DIVORCE DECREE UNDER SECTION 3301(c\ OF THE DIVORCE CODE 1. I consent to the entry of a final decree 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 subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. DATED: / ' r,.. .':.., / ""1 /"'/-5,-1/ '/ / .0 / ,!' ',' ,--.....-,. 'J1 .,--/c~ /L, _'.--,Hl~ l/ Pbillip/earl LiDD, Jr. . PHILLIP CARL LIHH, JR., . IN THE COURT OF COMMON PLEAS . PLAINTIFF . CUMBERLAND COUNTY, PEHHSYLVANIA . : v. . NO. 97 - 4031 CIVIL TERM . : ERIN MARY LIHH, . IN DIVORCE . DEFENDANT . . CERTIFICATE OF SERVICE I, Thomas D. Gould, attorney for Plaintiff, in the above captioned action for divorce, hereby certify that a conformed and .... - , ,- certified copy of the Complaint .lnDivorce was served upon the Defendant by depositing the same in the United States mail on July 25, 1997 pursuant to Rule 19:!0.4 of the Amendments to the Pennsylvania Rules of Civil proce.:iure relating to the Divorce Code. As indicated by the signed Accep~ance of Service attached hereto, the Complaint was received by the Defendant on July 29, 1997. '1hnn~.1 7) j1Hd/ Thomas D. Gould ID # 36508 Attorney At Law 2 East Main Street Shiremanstown, PA 17011 (717) 731-1461 Dated:~J ~C\ 199'/ . (:1,' 6u ')( . !{~ Erin Mary ~~n 2 Village Road Mechanicsburg, PA 17055 DEFENDANT PHILLIP CARL LINN, JR., I IN THE COURT or COMMON PLEAS PLAINTIFr I CUMBERLAND COUNTY, PENNSYLVANIA . . V. I NO. 97 - 4031 CIVIL ~ERM . . ERIN MARY LINN, I IN DIVORCE DEFENDANT . . ACCEPTANCE or SERVICE I, Erin Mary Linn, accept service of the complaint In Divorce in the above captioned matter. Q) -- ?2 ): " u". ;~ .. .{"~;~ u,c, - - tf' :!:: ,,-. - :... ~;~ ..r'::- - I., <=' " t. . 0-' ~" - ,;:;,~ {l:U' C' "t..J ..~ u- .,:}.D.. u- .- ~ ctl d a-