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Home My WebLink About97-04702 ~ ~ ~ . ~ ~ . ~ I' I' .!!' I' I I; I I, I ! I '1, I' . I I , ! I, " I , I " .. 1,li " " I I . j" ,1 "'1, :1" .j' I 'I I I I , I , , I, I , " I " , . ' I " " I' " . . " i! J ,I III '. J'" " , " ill ,'I' I'! I I,i~ . , " , ., '. , , , " " I,' '. , 1""1 I. i ,'1. )1'1, I 'y., 'j/t':1 Ijl/lj I,'fll' I I JI,I 1,"1\. I.' Vvll'l' II,.., 1,'1 '.. I'IIM'/, ',;) "IJlf/"'1./r' .It .' ,> VI r % ~ N ; " Z '" ;:; ~ Z .., , VI ~ ~ " , W ... Z '" ~ " , 0 VI -< K E ... > . .z ill .. 2! " '" > r > .. E ~ , , ' 7V,~ ~~ ~ ~ -.] - D- c... :---J ~ ~ ~ ~ .'0 C ";> D ~~ r--i- ~, -........ . " .. . ,'.. "1, () r" ~ .I .... .~,(') ...1 r~ .-, .i r" ',;.J 0\" "I , 'I :1] ..I" ':;'~~1( ','j"','b ,. ~I .. 'n ,J :.;:} t'q '-. '-<;, .., 1'.) .. '~.:.J ...1 LISA M. IMHOrr, I IN THI COURT OF COMMON PLIAS PUIlITxrF I CUMBIRLAND COUNTY, PENNSYLVANIA I v. I NO. 97 - .JII()~ CIVIL TERM I RICHARD L. IMHOFF, I IN DIVORCI DlrlNDANT I NOTICI TO DIFIND AND CUlM RIGHTS YOU HAVI BIIN SUID 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 decre'3 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 availabie in the Court Administrator I 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 TAKE THIS PAPER T'J YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFE'ORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GE1' LEGAL HELP. Cumberland County Court Administrator Cumberland Co~.nty Courthouse Fourth. Floor Hanover and High Streets Carlisle, PA 17013 (717) 697-0371 Ext 6200 v. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 97 - 4702 CIVIL TERM LISA M. IMHO...., PLAINTI.... RICHARD L. IMHOFF, DEUNDAN'X' IN DIVORCE AFFIDAVIT OF qONSENT 1. A Complaint in Divorce under Sect,ion 3301 (c) of the Divorce Code was filed on August 29. 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 ot the Complaint, 3. I consent to the entry of a Pinal 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. I \ ,\ I 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. \1 DATED: IJ () tj 7 Lin M. Imhoff .2 l/" rYl ')yr-.Ar1f6 I ," I, " ,t, 'I I I I I I; II ;1' il " I" " I I I;! I, I, I' I I ,I I' '" , "j I, , , () , I ~ , J ," --..1 I I , ,1,'1 "1".lj I 1.11 1 ',1 I , t' .) I ) , , I , J\ r~., ) i 'r'" 1;:1 0., I " d , ' , , , " " '. i' , , ., " " .' " , ,) , " 'Ii I " " . ,1 i,/,] "') . -.1 " , I:;::. , "I I . I, ! , -j . iL- " i"l , , 0 " ,.. , 'I'~) /' '-\-, J ~ _'I . : I.. , ,~\.l " , , ~ ~ ~ , , I I " 'I j',-~, , " rj ;,11) , , , ~1 p;: , "il . , I, , , , , , '-1 '" , , , , '" " , " '. !, 'Iii " " , , '1 " . , I :~; , ,h. I , , , I I r.~ ' i , . ./ " "j" ; , .. " , , " , ,., ,. I '},' , ,) :-1. -'II 'I, ,', " , I " , 'I , " I, 'I ~~.~_..... ....- 1'.."- account the foUow!ng considerations: the length of the marriase, the prior nwriIaOl of the partlOl; the ase, health, station, amount and sourc:ea of Income, voc:atlonal sIdJ1s, employability, estate, liabilities, and needs for each of the parties; the contribution of one party to the education, training or increased earning power to the other party, the opportunity of each party for future acquisition of capital assets and Income; the sourc:ea of income of both parties, including but not limited to medical, retirement, insuraoce or other benefits; the contribution or dissipation of each part in the acquisition, preservation, depreciation, or appreciation of marital property, including the contribution of a party as a homemaker; the value of the property set apart to each party; the standartl of living of the parties established during their marriage; the economic circumstances of tach party, including federal, state and local tax ramifications, at the time of the division of the property is to become effective; and whether the parties will be serving as the custodian of any dependent minor children. J.l The division of existing marital property is not intended by the parties to constitute in any way a sale or exchange of assets and the division is being effected without the introduction of outside funds or other property not constituting marital property. The division of property under this Agreement shall be in fuU satisfaction of all rights of equitable distribution of the parties. J.J hnolflll ProDmtI. The parties acknowledge that they have divided their personal property, tangible and intangible, to their mulUlllltisflll.llon. Parties further acknowledge that they have the uah, accounts, or other tangible and intangible property in their possession that they wish to have and neither will make any claim whatsoever against the other party for any other items of personal property or assets that are in the other party's possession. J.4 Li(~ IIf$uralfce. Each party agrees that the other party shall have sole ownership of any life insurance policies owned by the other party. Each party sha11 have the right to borrow against, cash in policies. change beneficiaries, and exercise any other incidents of ownership of the respel..'tive policies free of any right or claim by the other party. Each party agrees to sign any documents necessary to waive, relinquish or transfer any rights in such policies to the respective party who presently owns such policies. J.5 Sub$~lluentlv AClluired PrnDertv. Husband and Wife agree to waive and relinquish any and all right that he or she may now have or hereafter acquire in any real Of tangible personal property subsequently acquired by the other party. Husband and Wife specifically agree to waive and relinquish any right in such property that may arise as a result of the marriage relationship. J.6 R~al Estate. The parties are the joint owners of real estate located at 20 Warwick Circle, MechanJcsburg, Cumberland County, PeMsylvania, which property is currently held in the parties' joint names. This property is encumbered with a mortgage, loan number 108488487, due and owing to Homeside Lending Incorporated, in the amount of 582,500.00. Wife agrees that contemporaneously with the execution of this Agreement, she likewise will execute a deed conveying all of her rights, title and interest in the aforesaid real estate to Husband by tee simple, special warranty deed. Wife shall then make no claim whatsoever relalive to any of the equitable or legal interests in the aforesaid real estate. In consideration for the Wife's relinquishing of all legal and equitable right as enunciated above, the Husband shall render a one-time payment to Wife in the sum of 53,000.00 immediately payable at the execution of this Agreement. Husband further agrees that he shall bear all costs related to the transfer of the marital home's title and refinancing ofit's mortgage. From the date of execution of this Agreement by both parties forward, and pending the Wife's transfer of title of the aforesaid property, Husband shall be solely and exclusively responsible for the re-payment of the mortgage owing to Eastern Mortgage Services and shall make each such monthly payment when and as payments become due. It is acknowledged that Husband previously has been responsible for the payment of these debts, and remains responsible for any and all payments due and owing prior to the date of execution of this Agreement, including any and all interest, late charges and the like. Husband will indemnify Wife and hold her harmless from and against any and all collection activity on account of mortgage and home equity payments that were due and owing prior to the d.te of this Agreement. Wife shall indemnifY Husband and hold him hannless from and against any and all collection activity on account of the aforesaid mortgage and home equity payments that are due from the date of this Agreement forward. Wife shall make no claim of any nature whatsoever, legal or equitable, in the i."ltereat in the aforesaid real estate from the time of execution of this Agreement forward. J.7 Husband agrees to waive, transfer or relinquish any and all of his right, title and interest he baa or may have in his individual capacity or as Wife's Husband in any and all pension, retirement, profit-sharing, stock options or similar accounts with Wife's present or past employers or which Wife has secured independently. Wife also agrees to waive, transfer or relinquish any and all of her right, title and interest she has or may have in her individual capacity or as Husband's Wife in any and all pension, retirement, profit-sharing, stock optiOIl5 or sim.iJar accounts with Husband's present or past employers or which Husband has secured independently. J.8 Vehicle." The panies acknowledge that the Wife has and shall retain sole and exclusive possession of the parties' 1996 Saturn. Husband shall make no claim whatsoever relative to access for use of the aforesaid vehicle and shaI1 make no ownership claim of any nature in the aforesaid vehicle. The parties further acknowledge that Husband has in his possession a certain 1992 Ford Explorer which shall remain in the Husband's sole and exclusive possession. WIfe hereby waives, relinquishes and transfers any and all right, title and interest that she has or may have in the aforesaid vehicle. The Wife shall be solely and exclusively responsible for any and ail encumbrance of any nature whatsoever in her aforesaid vehicle and shall hold Husband harmless and save him from and against any and all collection activity on account of any such encumbrance. Likewbe, the Husband shall be solely and exclusively responsible for any and all encumbrances of any nature whatsoever in the aforesaid Ford Explorer and shall hold Wife hannless and save her from and against any and all collection activity on account of any such encumbrance. The parties shall transfer titles as necessary within fourteen (14) days of the execution of this Agreement to reflect the above ownership. 3.9 /ntanflible Personal PrOl1ertv. The parties acknowledge that they have transferred or waived rights and interest in their intangible personal property, including their VariOllS bank accounts. credit union accounts and the like. Neither party will make any claim of any nature whatsoever against the other relative to financial accounts or other investments or intangible personal property that has already been retained by the other party. hold her name exclusively. Wife shall also indemnifY the Husband and hold him harmless from and against any and all collection activity pursuant to her aforesaid credit ~ds &om the date of this Agreement forward. 1.1 Each party represents to the other there are no major outstanding obligations of the parties; that since the separation, neither party has contracted for any debts for which the other will be responsible and each party indemnifies and holds harmless the other for all obligations separately incurred or assumed under this Agrwment. ARTlCLE V( MlSCEU.A.NEOUS PROVlSONS 6.1 Advice of CouMel The provisions of this Agreement and their legal effect have been fully explained to the parties by their respective counsel, being Thomas S. Diehl, Esquire, for Husband and Michael Travis, Esquire, for Wife. The parties acknowledge that they have either received independent legal advice from counsel of their own selection, that they fully understand the facts and have been fully informed as to their legal rights and obligation or otherwise understand those legal rights and obligations. Husband and Wife acknowledge and accept that this Agreement is being entered into freely and voluntarily. Furthermore the parties assert that the execution of this Agreement is not the result of any duress or undue influence and that further that it is not the result of any collusion or improper or illegal agreement or agreements. 6.2 CouNSel fe4 Each party agrees to be responsible for his or her own legal fees and elCpClnses, and each party hereby agrees to waive any claim for alimony, alimony pendente lite, counsel fees, expenses or costs. 6.J Mutual Rele~e. Husband and Wife each do hereby mutually remise, release, quitclaim, and forever discharge the other and the estate of such other, for all times to come and for all purposes whatsoever, of and from any and all right, title and interest, or claims in or against the property (including income and gain from property hereafter accruing) of the other or against the estate of such other. of whatever nature and wheresoever situate, which he or she now has or at any time hereafter may have against 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 as by way of dower or curtesy. or 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 other rights of a surviving spouse to participate in a deceased spouse's estate, whether arising under the laws of (a) Pennsylvania, (b) any state. commonwealth or territory of the United States, or (c) any other country, or any rights which either party may have or at any time hereafter have for past. present, or future support or maintenance, alimony, alimony pendente lite. counsel fees, costs or expenses, whether arising as a result of the maritall'elation or otherwise. except and only except, all rights and agreements and obligations of whatsoever nature arising ar which may arise under this Agreement or for the breach of any thereof. It is the intention of Husband and Wife to give to each other by execution of this Agreement I full, complete, and general release with respect to any and all property of any kind or nature, real or penonal, not mixed, which the other now OWIII or may hereafter acquire, except and only except, all rights and agreements and obligaliolll of whatsoever nature arising or which may arise under this Agreement or for the breach of any thereof. 6.4 Wamllltin. Each party represents that they have not heretoforo incurred or contracted for any debt or liability or obligation for which the estate of the other party may be responsible or liable, except as may be provided for in this Agreement. Each party agrees to indemnifY or hold the other party hannless from and against any and all such debts, liabilities or obligatiolll of every kind, including those for necessities, except for the obligations arising out of this Agreement. Husband and Wife each warrant, covenant, represent and agree that each will, now and at all times hereafter, save hann1ess and keep the other indemnified from all debts, charges, and liabilities incurred by the other after the execution date of this Agreement, except as is otherwise spec:ific:aUy provided for by the terms of this Agreement and that neither of them hereafter incur any liability whatsoever for which the estate of the other may be liable. 6.5 No waiver or modification of any of the terms of this Agreement shall be valid unless in writing and signed by both panies and no waiver of any breach hereof or default hereunder shall be deemed a waiver of any subsequent default of the same or similar nature. 6.6 Husband and Wife covenant and agree that they wiU forthwith execute any and aU written instruments, usigrunents, releases, satisfactions. deeds. notes or IlUch other writings as may be necessary or desirable for the proper implementation of this Agreement, and as their respective counsel shall mutually agree should be 50 executed in order to carry fuUy and effectively the terms of this Agreement. 6.7 This Agreement shaI1 be construed in accordance with the laws of the Commonwealth of Pennsylvania which are in effect as of the date of the execution of tbis Agreement. 6.8 This Agreement shall be binding and shall inure to the benefit of the parties hereto and their respective heirs, executors, administrators. successors and lIllSigns. 6.9 This Agreement constitutes the entire understanding of the parties and supersedes any and all prior agreements and negotiations between them. There are no representations or warranties other than those expressly set forth herein. 6.10 Severabilitv. If any term, condition, clause. section, 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 aU other respects, this Agreement shall be valid and continue in fuU force. effect, and operation. Ukewise, the failure of any party 10 meet his or her obligation under anyone or more of the articles and sections herein shall in no way void or alter the remaining obligations of the parties. 6.11 It is specifically understood and agreed that this Agreement constitutes and equitable distribution of property, both real and personal, which was legally and beneficially acquired by Huiiband and wife. or either of them, during the marriage u contemplated by the Divorce Code of the Conunonwealth of Pennsylvania. 6.12 Disclosure. The parties each warrant and represent 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 party has an interest, of the sources, and amount of the income of such party of every type whatsoever, and all other facts relating to the subject matter of this Agreement. 6.13 Enforceabilitv and Consideration. This Agreement shall survive any action for divorce and decree of divorce and shall forever be binding and conclusive on the parties; and any independent action may be brought. either at law or in equity. to enforce the terms of the Agreement by either Husband or Wife until it shall have been fully satisfied and performed. The consideration for tlus contract and agreement is the mutual benefits to be obtained by both of the parties hereto and the covenants and agreements of each of the parties to the other. The adequacy of the consideration for all agreements herein contained in stipulated, confessed. and admitted by the parties. and the parties intend to be . , , . " 'I , ;I ,I" 1" I ' 'II , , H! 1,1 , , , , 1, " " , ] I', ,i' II , I ,i , ' " " (It, " 'J (') l,:~ ..I' 1 , f ., 'I , 'I , , '~: . ,! , "~,I , , I , I , , ) " i , I , I , .j , ,I I , , , ,"" , ! 'I , ,:.> ,-r; " , , !, , . ., , " " ., " ,~"''-'i-'''''''-'''l. , IN '1'IIB COUlI'l' 01' C()t~MON I'I.EAH 01" C:lJMIlEllLMIO COIIN'I'V. PI':II~I:;y(.vMI f A . CIVIl, AC'l'IOII - LAW NO. 4702 CIVfL 1<)97 Lisa M. Imhoff I I Plaintiff I I ACTI(,)I IN DIVoRCE v. I I IHehard L. Imhoff I t Defendllnt t NOTICE OF ELECTION TO RETAKE FORMER N^ME Notice is hereby given that the Plaintiff in the above matt~r, having been granted a Final Decrce in divorce from the bonds of Inatrimony on the 31st day of December . 19 .:2.-. hereby elects to retake and hereafter use her previous name of Lisa Marie McClintock ~~ ~j,,JJ _._ (Signature - rra=~~re) ,:) I "c -yv} YJ1 (' (I ~~; (Signature - to be lmcwn as) COMMONWEALTH OF PENNSYLVANIA t COUNTY OF CUMBERLAND t ss. On the 5:th day of Ja~ ' 19 !]j, before. IS Notary Public, personally ~eared /"';'50 rmho~ ' known to me to be the person whose name is subscribed to the within docu- ment, and acknowledged that she executed the foregoing for the pur- pose therein contained. IN WITNESS WHEREOF. I have hereunto set my hand and Notarial Seal. ~oL WI. JkJJ Notar Puhl1.~otarisl 5001 Laols M. Gould. Notary Public Shl,emsnstown Boro, Cumbe~.nd County My Commle.,on e,plre. Ap~1 8. 2000 l'rnhpr pnnAV!"AnIA 'lllQ AI on D planll " , ItF ~ ~ ':'J g ~ SFI & ~m '- '1- "'0' :I;,. " ::r. ,','1 :;1) ~ '''", , :11:1J .~ " C?> ..... " ~ .',}~ ~ C':(;',l "":'"1 ~ ')r) t . ..,~C -. ~t !i~ ~ J,-~ r:4 i N ej.'r ~ .. !I ..... ' ") :;) :f:..! "" ell ~ , " " , , . , " , " :. " .. .' .,