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HomeMy WebLinkAbout97-04845 \, " I, " " i I , ,. , " " , , I,q 'I ,-" , " 11 I " " , i ~ ~ " .<f '. , , ~ i ~ ~ I ' , , ' " I'" ',t~1 ' , , , , , , . " 1,\ ,', '., , I .. I l~ " , ,'" .,1 I I , , .. \ .. " " ?, " !~ 0 i' , , " " ,I! "I' ;'" t,! " .~. " " " ;~ " , ,,, " ,., ",1 1",. " , , " " " ,l " , , I" ,il " "t' \, " 'i " ," it \ ' ,', " .,, 'ill, 'I, ~ ;,1 " ", , ; , ' .' -I ., " "~ii' " " " , ~ ~ ~ , . shall respectively deem fit, free from any control, restraint, or Interferences whatsoever by the other. Neither party shall molest the other or endeavor to compel the other to cohabit or dwell with him or her by any legal or other proceedings, The foregoing provision shall not be taken to be an admission on the part of either Husband or Wife of the lawfulness or unlawfulness of the causes leading to their living apart. Neither party sball do or say anything to the children of the parties which might in any way influence the cbildren adversely toward the other party, it being the intention of both parties to minimize the efie.:t of any such separation upon the children. 10. PERSONAL PROPERIY The parties bereto mutually agree that they have divided all furniture, household furnishings, appliances and other household personal property between them, and they mutually agree that each party shall from and after the date thereof be the sole and separate owner of all tangible personal property present in his or her possession, 11. I{EAL PROPERTY The parties acknowledge Ihatthey are the joint owners of real estate located at 609 Willow Creek Court, Great Falls, Montana, which is encumbered by a mortgage. Husband and Wife agree 10 list the house for sale continuously until sold. If the Page 5 of 19 property is sold, and after payment of the outstanding mortgage, real estate agent fees, and closing costs, the proceeds shall be divided equally between the parties, Husband shall attempt to refinance said residence and Husband agrees'that he shall pay to Wife the sum of one-half of the equity in the residence determined by an appraisal performed by a certified appraiser to establish the Fair Market Value, less the outstanding mortgage balance, which represents her equitable share of the real estate, within two years of the date of this Agreement, to remove Wife 5 name, Husband shall bear the expense of the appraisal. Upon payment to Wife, at the time of the refinancing settlement, Wife agrees to transfer all her right, title and interest in said real estate to Husband. During the period of time until the property is refinanced or sold, Husband shall be solely responsible for the payment of the mortgage, as well as the payment of all costs associated with the real estate, including, but not limited to, real estates taxes and utilities. Husband shall indemnify and hold Wife harmless for all future charges and liabilities with regard to the real estate. 12, AUTOMOBILES , With respect to the motor vehicles owned by one or both of the parties, they agree as follows: (a) The 1996 Buick Regal shall become the sole and exclusive property of Wife. (b) The 1976 MGD shall heconw the sole and exclusive property of Husband. I';j I~l' (, (J" I') (c) The 1977 Cadillac shall become the sole and exclusive property of Husband. (d) The 1991 Chevy Truck shall be sold or refinanced HUllband by December 31, 1997, If sold, all proceeds will go to payoff the Fleet loan, $3,100,00 towards' the Ford MasterCard, and $3,100.00 towards the Wachovia Card. The titles or assignment of any lease agreements to said vehicles shall be executed by the parties, if appropriate, for effectuating transfer as herein provided on the date of execution of this Agreement and said executed titles/assignments shall be delivered to the proper party on the distribution date, For the purposes of this Paragraph the term "title" shall be deemed to include "power of attorney" if the title or lease agreement to the vehicle is unavailable due to financing arrangements or otherwise. In the event any vehicle is subject to a lien, encumbrance, lease or other indebtedness the party receiving said vehicle as his or her property shall take it subject to said lien, encumbrance, lease or other indebtedness and shall be solely responsible therefore and said party further agrees to indemnify, protect and save the other party harmless from said lien, encumbrance, lease or other indebtedness, Each of the parties hereto does specifically waive, release, renounce and forever abandon whatever right, title and interest he or she may have in the vehicle(s) that shall become the sole and separate property of the other pursuant to the terms of this Paragraph, I'a~e 7 of I') 13. 12.6..lITS ' Husband shall assume full and complete responsibility for the following debts of the parties Rnd shall save, hold harmless and indemnify Wife from all future charges and liability with respect to said accounts. Husband hereby acknowledges that he will take th(' necessary steps in order to remove Wife 5 name from said accounts: a. GM Card with an approximate balance of $11,000.00, Husband agrees to payoff in full the Fleet bank loan with an approximate balance of $2,500.00. Husband agrees to pay $3,100.00 towards the balance of the Ford MasterCard by December 31, 1997, Husband agrees to pay $3,100.00 towards the balance of the Wachovia MasterCard by December 31, 1997, A liability not disclosed in this Agreement will be the sole responsibility of tbe party who has incurred or may hereafter incur it, and each "grees to pay it as ,the same shall become due, and to indemnify and hold the other party and his or her property harmless for any and all such debts, obligations and liabilities, From the date of the execution of this Agreement, each party shall use only those credit cards and accounts for which that party is individually liable and the parties agree to cooperate in r.losing any remaining accounts which provide for joint Iiabilily. Page !l of 19 reach 21 yean of age. Proof of said policy as designation of beneficiary shall be exchanged by the parties on II yellrly bllSis, or lit the request of Wife, 17. CHILD SUPPORT Husband agrees to pay the sum of $2,800.00 per month payable on the 15th and 30th day of each month directly to Wife for the support of the parties' minor children. Said payment shall continue until the first child graduates from high school at which time the support obligation for Husband will be recalculated either by agreement or by the Court ba.,ed upon current incomes and support for one child. The child support shall be terminated upon the second child graduating from high school or reaching 18 years of age, whichever occurs later. This Agreement shall not bar either party from adjusting the term or amount of support due hereunder, either by negotiation with the other party, or, if necessary, by resort to a Court of proper jurisdiction. In the event an Order of Support is entered by a Court of appl'Opriate jurisdiction, which makes adequate provision for the support of the person 01' persons covered by this paragraph, this Agreement shall not have any continuing independent effect, but shall be deemed to have merged into, and been replaced entirely by, the obligation to pay support pursuant to said Court Order. Should Husband hecome delinquent in the payment of cbild support for a period of 30 days, he agrees to the entry of a Support Order through the I'''g'' 10 of 19 Domestic Relations Office pursuant to Pa,RC.P. 1910, !U seq, He also agrees in the event an Order is entered to a wage attachment to satisfy the child support obligation. Husband shall maintain the children as dependents on his medical and 'dental insurance provided through his employment until such time R:l ~hey graduate college. Husoand also agrees to be responsible for any medical/dental/orthodontic expenditures no covered by insurance or excluded by the deductible, 18. LEGAL FEES Husband shall be responsible for the payment of one-half of Wife s attorneys' fees in the amount of $1000.00 plus the divorce filing fee of $180.50 for a total of $1,180.50, Husband shall be responsible for the payment of the fees owed to his own attorney. 19, OTHER WRITINGS Each of the parties hereto agree to execute any and all documents, deeds, bills of sale or other writings necessary to carry out the intent of this Agreement. 20. DISCLOSURE AND WAIVER OF PROCEDURAL RIGHTS Each party understands that he or she has the right to obtain from the other party a complete inventory or list of all of the propcrty that either or both parties own at this timc or owned as of the date of separation, and that each party had Ihe right 10 have all Page II of II) such property valued by means of appraisals or otherwise. Both parties understand that they have the right to have a court hold hearings and make decisions on the matters covered by this Agreement. Both parties understand that a court decision conCenling the parties' respective rights and obligations might be different from the provisions of this Agreement. Each party hereby acknowledges that this Agreement is fair and equitable, that it adequately provides for his or her needs and is in his or her best interests, and that the Agreement is not the result of any fraud, duress, or undue influence exercised by either party upon the other or by any other person or persons upon either party. Both parties hereby waive the following procedural rights: a. The right to obtain an inventory and appraisement of all marital and non- marital property as defined by the Pennsylvania Divorce Code. b. The right to obtain an income and expense statement of the other party as provided by the Pennsylvania Divorce Code. c. The right to have property identified and appraised, d. The right to discovery as provided by the Pennsylvania Rules of Civil Procedure. e. The right to have the court determine which property is marital and which is non.marilal, and e1luitllbly distribute between the parties that property which the eourl determines to be marital, and 10 set. aside to It party that IJag" 12 of )1) 30, COSTS TO ENFORCE In the eventthllt either party defaults in the performance of any duties or obligations required by the terms of this Agreement and both extra-judicial add judicial proceedings are commenced to enforce such duty or obligations, the party found to be in default shall be liable for all expenses, including reasonable attorneys fees, incurred as a result of such proceedings, 31. AGREEMENT VOLUNTARILY AND CLEARLY UNDERSTOOQ Each party to this Agreement acknowledges and declares that he or she respectively: (1) Is fully and completely informed as to the facts relating to the subject matter and their Agreement as the rights and li<lhilities of both parties; (2) Enters into this Agreement volunl<lrily afler receiving the advice of independent counsel; except that Husb<lnd Iws been <ldvised by Wife 5 attorney that he has the right to independent counsel <lIul hils volunlarily chosen not to be represented <llld hils acknowledged that he fully understands Ihal Wife 5 aUorney repres4Jnts only Wife 5 interests and not his own and he has nonethdess chosen to be unrepresented in this m<ltter. (3) Has given careful <lnd maturc thought 10 the making of this Agreement; I'agl! n of 19 '* " '" ~ N ~ "" ~(r) 'Y\ ~ .... ~ i;;:) '0 -0 ,::1 '- ~ " ~,r~ (',.' ~ l-: .. "-S oj (" -~ ~ l.'.ll 'i ~ 0' ~ <x:> r:.:' L, 00 (;ji" - ' , ';:) ~ ,I." I /"'<.l -\ t, .:.11, (:, .11' ,~ ~ , (I.. , ",' '<") I '" II, r- ',) ().<. J~ ~ <..) 0' - <J 0: i ~ l!~: d~JS:: ~ii ~J~~ ! . ~~ J ~ i,' ,'I . . . . . Ul'.'IIUG "~1WOlI tWl'.il.ll'AI'.'''''~ID., ~ 'It''fWtl'lll..a-nw ,..,'~.am.e- I.. 118~~'.WN &- CUnOUN, p( I SOIlIlPMAN. ,SIRR^rtU . - 'II Till ll)l .14INlI'I''';I".,''''''''!t''''11 ~l.lIUI~III'II.., 1',\ I 'I Ill. '''''1'\ .cJsEP 0 9 1991 l Y . 5. The Plaintiff has been advised of the availability of counseling and that she may have the right to request that the Court require the parties to participate in counseling. 6. There have been no prior actions of divorce or for annulment between the parties. 7. The marriage is irretrievably broken. 8. The Defendant is a member of the United states Air Force in active duty. 9. The Plaintiff and Defendant are both citizens of the United states. 10. Plaintiff avers that there are two children of the parties under the age of 18, namely: victoria Ann Orlando, born December 5, 1993; and Michael Anthony orlando, born September 1, 1995. WHEREFORE, the Plaintiff prays your Honorable Court to enter a Decree in Divorce from the bonds of matrimony. COUNT I I 11. paragraphs one through ten are incorporated by reference herein. 12. Plaintiff believes that the best interests of the partie. minor children: Victoria Ann orlando, born D~cember 4, 1993; and Miohael Anthony orlando, born september 1, 1995 will be served by granting the Plaintiff primary physical and shar~d legal custody ot the chUdren. -- , I, I " , , I ,::. , 1 i,:; , . (:j I, i " {'k , " , . ~.. ,\, " '.. to (:r) .~:i' (;J ~ (.> ~ ~ I - ~ J! . ... . - . ~ . ... - . . . . ... ... ... ... - - ... ... I -- ~.hll'lO'"I,/''''''.lt.I...."U''' l1fIIlJIW). lNIl\'M)U'AlIlI1f'll.ALW.l."'''IO~UlIl/IIQ'' ...11.., li"l!l 11W ,.... --... -- - .-. I, , \, I ~;j , " ': { 0, I , 1,'_ 1;.,';, -' "\(,1 c I L; , , 1'14 " "M.' " I' f'-, <.) { , ~' ~ ~ Il!~: 5.'" .. .. . . .. .. J ...... ~~ ...... ---- ....,. ~, ~ ..... ',. -' ?:": I lJ", -' i I ., ..' l',,', , " I' , , , " I'. " ~:' \ , . " I I. I ~I ~ I 1 ~' I. I'...... .. j \' c'1 { ~ ;~ !_) lW"I""41t'.I~.It'ClIIA:II'''''LlI OMlW04 ,.... 1VNOU.......l.NllliUw!I- 1'I'IJ fIJ 'tOtIWd.. ~ef1 UYU1TV l ~ 2 J!~: 'I; Ii~ ~ I .. . .. - ... ... ... ... . . I ~, ' ",',",f,,'_- 1:'/ I, c), 1.>"1' .'I.i,." ,. ..-,1,. I,,"'h ~.\" :1';t'j,-'f '....I'I,r::!I\(t;(~~~~jrl.~je ','I "-'~-'l ,I /:'!J/~~t~i~ll)-!. \;J:[!,l.~;At~~' ,"I, ~ '!I~"'r-. '1:,,1.,) ' ,fi,\.!/ ,1_"'}";' ' '-,"f; "U-: it' Il):~,i ,),i.j'-i},ih.' , j(l})j;,:~ ,.'1Mt'J , , ',jot'-r i{'h;',: '," I.. . '. ~ lit j:h f ,-....' " ) ~ ~ , " 1 . , " "J.,. I crt I .' ii (., !I.l.. c;..; ":) ,.... 0' 0 . " I , , , " I ~I~~~ ~ :::l il ~~ 'J j ~ ~~5~~ 'n i~ . ~ ~'~J. ~J I!' . . .., rol ; ~ ~ i ~ , . , . " . . . .. .. , I<'~)l.l!, ~) .' . . '. JANINE E. ORLANDO, Plaintiff IN THE COURT OF COMtION PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA vs. NO. 97-4B45 CIVIL TERM ANTHONl( J. ORLJlNDO, Defendant CIVIL ACTION - LAW CUSTODY/VISITATION aIDI!R OF lXXJRT lIND toI, this 'J,.O-K. day of I"H t 0[. d consideration of the attac~tody ConciU~tion Report, and directed as follows: I 1997, upon it is ordered 1. The Mother Janine E. Orlando, and the Father, Anthony J. Orlando, shall have shared legal custody of Victoria Ann Orlando, born Decen~r 5, 1993, and Michael Anthony Orlando, born September 1, 1995. The parties shall consult with each other in making any major decisions affecting the Children I including I but not limited to, major >nedical, educational and religious decisions. Children. 2. The Mother shall have primary physical custody of the 3. The Father shall be entitled to have partial physical custody of the Children for four (4) nonconsecutive weeks each year during his periods of regularly scheduled leave from the military upon providing at least two (2) weeks advance notice to the Mother. The Father shall provide to the Mother an address and telephone number where the Children can be reached during his periods of extended partial custody. 4. Upon providing at least two (2) days Jvance notice to the Mother, the Father shall also have periods of pardal custody with the Children at other times during the year when the Father is available as arranged by mutual agreement of the parties. 5. In the event the Father is not available, due to military deployment or other reasons, to care for the Children for an overnight period or longer during the Father's periods of custody under this Order, the Father shall return the Children to the Mother I s custody during the period of his unavailability. 6. This Order is entered pursuant to an agreement of the parties at a t~stody Conciliation Conference. The parties may modify the provisions of this Order by mutual agreement. In the absence of mutual agreement, the t~rme of this Order shall control. BY THE COURT I J. cel Lod K. Serratelli, Esquire - Couns for /1other Anthony J. Orlando, Father (',oil...... ,-"\.c~....J:.~ ) c,/.;J./lqIJ ~il' ~" ._,~ -', , c"; l.I~ !':: " 1 ' .. II 1,0) c';: i (')- e' '.. J'I ,-, ~J,: ,... L" I-l,' I , , , 'r LL ,. '.I I ; ~'~. -- I' r..., , lJ .J u\ >:,) ~ ~ J .. - ~ J! .. ... . ~ . 'I;B 0- .. .. .. . . .. .. ... ... ~ - ... ... I ..~-...- -, 1I/lllIltLll.~""I4.II''''Ifi1f:".'nu. ~WllUjl JNl W*II1""'WlUNtd1.,1ltnwIOIlI()lILIIIO'I 1'1''''' 1)1f1.-11'1' ...........