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HomeMy WebLinkAbout98-00875 '>- ~ If) 't1 ~ \. {!. V) II I ) / / /' ,~' ( ~ ...... , .'" ~ \ry. t'o. ~ . ~ ~.. :=.;:"'::~.:.~'..._~:~:' "::!::"~.:', '~":~::..:'" -:!:'.~:_~~', '~~.~'=-~::,,~~:'- ,':~:-, .::.:' ~ ':~~: ~:~>.. -:+:: _::~:- ,~. - ':.:'.-,':~:- '-:+:'. .:~;~ -~+.:~.:~+:~.-::~:' , :~.:: -':!:'., .~~. ~ ~ ~ ~ ',' ,', ~ ,'. ~ ,''; ~ ,', ~ i ~.' i ',' .'~ ~ i ',' IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY ~~It ~""J"iii::.-~ STATE OF ;~\,i}r~~~ PENNA, \,' ,~~?"r' MARK K. FOSTER, 98-875 ~ plaintiff No, ~ V('I':,IIS ~ '.' SUSAN L. FOSTER, * Defendant ~ ',' " $ DECREE IN DIVORCE AND NOW, ~,-V,~~,~~. 19..~~.., it is ordered and ~ ',' ,', ~ ~ '.' ~ ,'. ,', ~ ~ ~.' decreed that.."",...." ,~.~: ,~~~"",.,......"..,.... plaintiff, and, .. , , .. . . .. . , .. , , .. , p!JpMJ, ~,', ~~, , .. . , . . , , , , , .. , , , .. '" defendant, are divorced from the bonds of matrimony. Further, it is hereby Ordered and Decreed that the parties' Marital Settlement Agreement dated December 8, 1998 is incorporated. but nat merqed into this .Decree.. . Ihe coor retains IUrlSOICTron ot the tollowlng claims which have been raised of record in this action for which a final order has not yet been entered; ~OWL ,', ~ w ~.~ S :; ~ '.' ~ ~ ~,' ,', ~ ~ ~.' .......... ,..... .... ...,...,.,...,.....,....,....... ,. ... ,.. ,.... ........'. ".",...""""""",."".,.,"",';/""',.,.,'",'.. ~ r.' ^ _1 ~ //' "/ ~ : Dy T\~&t0' ,.,. ...,.. ~ ~ ^lIC',I~~~ ~~:t,/,JM9J'~ J. I~ $ ,.7q#-?1a~. ~C~, ' .' J" 6 f''/ Prothonotary l' ~ : l:: ~ I, ~- ,,-------,--~--.,~-'--,----~ -""---,-,-,-~-~~~"",,,---~"~-'~~'''-''- ,,~ ,~ ~~,~*~~*~**~*~**~*********~*~*~ ~ ,', ~ * ~ ~ $ ~ '.~ ~ ',' ,'. ~ ~ ,', ~ ~ ~.' ~ ." , ,', ~ ~ ~~. ,''; ~ ,'. ~ ~ '.. ~ ',' s ~ ~ ~ $ s ~ ',' s ~ * $ ~ MARITAL SETILEMENT AGREEMENT (J '(P+ 'f--..... / THIS AGREEMENT, made this -0-- day of ~ 1998, by and between MARK K. FOSTER, hereinafter referred to as "HUSBAND", and SUSAN L. FOSTER, hereinafter referred to as "WIFE", WITNESSETH, That: WHEREAS, the parties hereto are husband and wife, having been lawfully joined in marriage on September 30, 1989, in A1toona, Pennsylvania, WHEREAS, it is the intention of the parties to settle fully and finally their respective financi~I, ' and property rights and obligations as between each other arising out of the marriage relationship or otherwise, including without limitation (1) the settling of all matters between them relating to the ownership of real and personal property; (2) the settling of all matters between them relating to the past, present and future support and/or maintenance of HUSBAND and WIFE; and (3) the settling of all matters between them relating to any and all rights, titles and interests, claims and possible claims in or against the estate of the other, NOW THEREFORE, with the foregoing recitals being hereinafter incorporated by reference and deemed an essential part hereof in consideration of the foregoing recitals, the mutual promises. covenants and undertakings herein set forth, and for good and valuable consideration. receipt of ;\: , , ' '~ I harass, or malign the other or the respective families of each other, nor compel the other to cohabit .. or dwell in any manner with him or her, nor in any way interfere with the peaceful existence, separate '., ,. from each other, 3. DEBTS Each party represents that since their separation on November 10, 1997 they have not contracted any debt or liability for the other for which the estate of the other party may be responsible or liable except as otherwise provided herein, and that except only for the rights arising out of this Agreement, neither party will hereafter incur any liability whatsoever for which the other party or the estate of the other party will be liable, Each party agrees to indemnifY and hold harmless from and against all future obligations of every kind incurred by them, including those for necessities, \ , I 4. WAIVER OF APPRAISAL AND INVENTORY I , , The parties acknowledge and agree that they have each had an opportunity to value or have appraised any and all marital property, and they do hereby waive a formal appraisal and inventory of same, and no statement or representation by either party as to value shall be deemed a misstatement or misrepresentation to the other or be deemed fraudulent. 5. MARITAL AND NON-MARITAL ASSETS HUSBAND and WIFE do hereby acknowledge that they have heretofore divided the non- marital assets and marital assets including but without limitation, business interests, jewelry, clothes, furniture, coins, stocks, bonds, pensions and other assets wherever situated whether real. personal 3 :~ or mixed, tangible or intangible, and HUSBAND agrees that all assets in the possession of WIFE shall be the sole and separate property of WIFE; and, WIFE agrees that all assets in the possession of HUSBAND shall be the sole and separate property of HUSBAND, Each of the parties does hereby specifically waive, release, renounce and forever abandon whatever claims, if any, he or she may have with respect to any of the above said items which are the sole and separate property of the other, This document shall constitute a bill of sale for said sole property. 6. REAL ESTATE HUSBAND individually owns property located at 826 Linwood Street, New Cumberland, Pennsylvania, WIFE shall sign simultaneously with the execution of this Agreement a Quitclaim Deed wherein she relinquishes her interest in this property which shall be delivered to and held by counsel , to HUSBAND until WIFE is paid TWENTY EIGHT THOUSAND DOLLARS ($28,000) as ' hereinafter provided, 7. MOTOR VEHICLES WIFE shall have sole title and ownership of the parties' 1993 Fleetside truck, HUSBAND's vehicle was pre-marital. Neither of these vehicles are encumbered, 8. PENSION Each party hereby waives any and all claims that he or she may have against the other to any pension, employee saving or other stock benefit program of the other, if applicable, This includes HUSBAND's SERS pension and Deferred Compensation Plan benefits, 4 15. ALIMONY. SUPI'ORT AND MAINTENANCE Both parties acknowledge and agree that the provisions of this Agreement providing for equitable distribution of marital property are fair, adequate and satisfactory to them and are accepted by them in Iieu'of and in full and final satisfaction of any claims or demands that either may now or hereafter have against the other for support, maintenance or alimony. HUSBAND and WIFE further, voluntarily and intelligently, waive and relinquish any right to seek from the other any payment for spousal support, alimony, alimony pendente lite and maintenance, WIFE shall immediately withdraw her complaint for support in the Domestic Relations Section of the Court, All pending proceedings before the Court concerning support shall be canceled, 16. COBRA COVERAGE The parties acknowledge that WIFE has the right to elect COBRA (the Consolidated Omnibus Budget Reconciliation Act of 1985, P,L, 99-272) insurance coverage at the time the divorce decree is entered, HUSBAND agrees to maintain WIFE on his present insurance coverage until the entry of the divorce decree, Upon signing of this Agreement, HUSBAND shall notifY his employer and request that the COBRA information and enrollment forms be forwarded to WIFE, WIFE is solely responsible for any and all costs associated with her COBRA coverage. HUSBAND agrees to cooperate to the extent necessary to permit WIFE to obtain said coverage, 17. SUBSEOUENT DIVORCE A decree in divorce, entered by a court of competent jurisdiction to either party, shall not suspend, supersede or affect the terms of this Agreement. Both parties agree to enter a Consent 7 Decree concerning the provisions of this Agreement in the Court of Common Pleas of Cumberland County, Pennsylvania, or any other Court of competent jurisdiction, as a part of a resolution ofany divorce action filed, This Agreement, and the terms and conditions contained herein, as well as the enforcement of said terms and conditions, shall not be contingent upon the granting of a Divorce Decree to either party by the Court of Common Pleas of Cumberland County, Pennsylvania, or any other Court of competent jurisdiction, Furthermore, simultaneously with the execution of this Agreement, the parties shall execute Consents and Waivers to enable counsel for HuSBAND to promptly finalize a no-fault divorce by mutual consent, providing counsel for WIFE with a duplicate decree, Both parties hereto agree that this Agreement may be incorporated into a separate Court Order but shall not merge in such order in the Court of Common Pleas of Cumberland County, Pennsylvania, 18. JOINT INCOME TAX INDEMNIFICATION HuSBAND agrees that he will be solely responsible and hold WIFE harmless for and against any and all contingent liabilities of HUSBAND (including, but not limited to any joint liability for capital gains) on joint income tax returns previously filed by the parties and will agree to pay any claim or expenses, including reasonable attorney fees and costs, arising out of such returns or liabilities, unless additional liabilities are found to be attributable to WIFE's misrepresentation or failure to disclose the nature and extent of her income as it may appear on said previous tax returns. WIFE agrees that she will be solely responsible and hold HUSBAND harmless for and against any and all contingent liabilities of WIFE (including, but not limited to any joint liability for capital 8 gains) on joint incomc tax rcturns prcviously filcd by thc partics and will agrec to pay any claim or expenscs, including rcasonablc attorney fees and costs, arising out of such returns or Iiabilitics, unless additional liabilities arc found to be attributable to HUSBAND's misrepresentation or failure to disclose the naturc and extent of his incomc as it may appear on said previous tax returns, 19. OTHER DOCUMENTATION HUSBAND and WIFE covenant and agree that upon request of the other paity, they will forthwith execute and deliver to the other party, any and all written instruments, assignments, releases, satisfactions, deeds, notes or such other writings as may be necessary or desirable for the proper effectuation of this Agreement. 20. MUTUAL WAIVER AND RELEASE OF RIGHTS AND CLAIMS IN ESTt\IE', Each party hereby releases, waives and relinquishes any and all rights which he or she may now have, or may hereafter have, against the other party under the present or future laws of any jurisdiction (a) to share in the estate of the other party upon the other party's death and (b) to act as executor/rix or administrator/rix of the other party's estate. 21. MUTUAL RELEASE HUSBAND and WIFE each do hereby mutually remise, release, quitclaim and forever discharge the other and the estate of such other, for all time to come, and for all purposes whatsoever, of and from any and all rights. title and interests, 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, 9 of whatever nature and wheresoever situate, which she or he 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 or by way of equitable distribution, dower or courtesy, or claims in the nature of dower or courtesy of 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 and rights which HUSBAND or WIFE may have or at any time hereafter have for the past, present or future support or maintenance, alimony, alimony pendente lite, counsel fees, costs or expenses, whether arising as a result of the marital relation or otherwise, except, and only except, all rights and Agreements and obligations of whatsoever nature arising or which may arise under this' Agreement or for the breach of any thereof. Each of the parties hereto further covenants and agrees for himself and herself and his or her heirs, executors, administrators and assigns, that he or she will never, at any time hereafter, sue the other party or his or her heirs, executors, administrators and assigns, for the purpose of enforcing any ofthe rights relinquished under this paragraph. Each of the parties further covenants and agrees that he or she will permit any will of the other to be probated and allow administration upon his or her personal, real or mixed estate and allow effects to be taken out by the person or persons who would have been entitled to do so had HUSBAND or WIFE died during the lifetime of the other, Each of 10 the parties hereby releases, relinquishes and waives any and all right 10 act as executor or executrix or administrator or administratrix of the other's estate, It is the intention of HUSBAND and WIFE to give to each other by the execution of this Marital Settlement Agreement a full, complete and general release with respect to any and all property of any kind or nature, real, personal or mixed, which the other now owns or may hereafter acquire, except and only except all rights and Agreements and obligations of whatsoever nature arising or which may arise under this Agreement or for the breach of any thereof. 22. SUCCESSOR'S RIGHTS AND LIABILITIES This Agreement shall, except as otherwise provided herein, be binding upon and inure to the benefit ofthe parties hereto, their respective heirs, executors, administrators, successors or assigns, 23, SEVERABILITY Ifanyprovision in this Agreement is held by a court of competent jurisdiction to be invalid, void, or unenforceable, the remaining provisions shall nevertheless continue in full force and effect without being impaired or invalidated in any way, 24, ENTffiE AGREEMENT HUSBAND and WIFE do hereby covenant and warrant that this Agreement contains all of the representations, promises and Agreements made by either of them to the other for the purposes set forth in the preamble herein above; that there are no claims, promises or representations not herein 11 ,- i [:, contained, either oral or written. which shall or may be charged or enforced or enforceable unless reduced to writing and signed by both of the parties hereto, 25. .BINDING EFFECT OF AGREEMENTIW AIVER This Agreement shall remain in full force and effect unless and until terminated under and pursuant to the terms of this Agreement. The failure of either party to insist upon strict performance of the provisions of this Agreement shall not be construed as a waiver of any subsequent default of the same or similar nature, nor shall such failure be construed as a waiver of any other term, condition, clause or provision of this Agreement. 26. 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 or seek such other remedies or relief as may be available to him or her, and the party breaching this contract shall be responsible for payment of reasonable legal fees and costs incurred by the other in enforcing their rights under this Agreement. 27. CONTROLLING LAW This Agreement shall be construed and governed in accordance with the laws of the Commonwealth of Pennsylvania. 12 28. CONDITION PRECEDENT TO THE AGREEMENT'S EFFECTIVENESS The pw:ties acknowledge that this Agreement shall become effective when actually signed by K. FOSTER ~ Li~ -!-r~ SUSAN L. FOSTER 13 >- CCI 0,: t ~ LJ~ U.J~) .. ,- - .., 0.,.. (.)..~ r..:~] .- (; :.~ ". ~L~; u.. 0.: :.)~~ r;l; <0 :,L .,J;(:...'1 cr:l' , ,-, n::.;.;.... ,iE It j ":)(IJ c.;, U!c... U. ((} -':: U :::J VI CJ i\ /.. , i - '" Cll - ci z lJ b ~ r- - .,:..... ::i :$ , ::Joi' ,0.''-' oJ z o?z :l t; ~ 9~ ~ Ul '" ;J ~ It ~ '~~"lf) u Iii , s-.- ii: Z .- ~.- Q. '" ffi feZ .. 9j~. 0' ~, ~a. ~ ~< Ul"d :;) .. '~ ",t)' ii .. II < '0: m III a: m < :E :J, m u ~ z , , " ;,,,..7 ~' cU ~~: wO ,.: I c..>:;~ ~~ l+~~" 0.- i!.i15, ~~; 61:t; ,-' \-'l, , l.1:\Cl. ,- """,' PJ u-:r:: ~ ...;""f:'" 0, ,~' ,~ (I c-' " . , . . . 0,' c. ,,? MARK K, FOSTER, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 98- g'7,~- CIVIL TERM SUSAN L. FOSTER, Defendant IN DIVORCE NOTICE YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this complaint and notice are served, by entering a written appearance personally or by attorney and filing in writing with the court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a jUdgment may be entered against you by the court without further notice for any money claimed in the complaint or for any other claim or relief requested by the plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE 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 BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE PA 17013 (717) 249 3166 7. The marriage is irretrievably broken. 8. Plaintiff has been advised of the availability of counseling and that the Plaintiff may have the right to request that the Court require the parties to participate in counseling, and after being so advised, Plaintiff does not desire counseling, COUNT II - INDIGNITIES 9. No children were born as a result of this union. WHEREFORE, Plaintiff requests the Court to enter a Decree of Divorce. 10. The prior paragraphs of this complaint are incorporated herein by reference thereto. 11. Defendant has offered such indignities to Plaintiff, who is the innocent and injured spouse, as to render Plaintiff's ; .1 , I condition intolerable and life burdensome. 12. This action is not collusive as defined by Section 3309 J , " of the Divorce Code. WHEREFORE, Plaintiff respectfully requests the Court to enter a Decree of Divorce pursuant to Section 3301(a) (6) of the Divorce Code. Respectfully submitted, , I , ;&/tva~ R. Mark Thomas, Esquire Attorney for Plaintiff 54 East Main Street Mechanicsburg, PA 17055 (717) 697-4650 IOII 41301 1 6, s~nat : (Addresset:-t: .!I ' ,n' "'" PS Form 381 ,December 1994 t Domestic Return Rece pt 5, R.c.lv.d By: (Print Name) '-_...,~~ I also wI.h 10 r.c.lv. lhe following ..rvlce. (10' an .xtra f..): ' 1.0 Addr.......Addreoa t 2, 0 R..lrlct.d D.llv.ry ~ eon.ull postmast.r for f... I 4a, Articl. Numb.r I P 5\ 0'51. \0 . i 4b, S.rvlc. Typ. o R.gl.ter.d 19'eertifte<.t D o Expr... Mall 0 In.ured .![ s-A.lum Recelpl for Merthan<iBB 0 COD !l 7, Dal. of 0 IIv.ry ! ~ ! I. 8, Addr.....'s Addr... (Only II requested and lee Is paid) . ... SENDER: ' I: _Compllle "ems 1 antUor 2 tot addllionalHrkel, .. lCompleteltems 3, 4., and 4b. I .Prtnt your name and addNII on the reve! 01 thl. fofmlO thai we can relum thl' CIfd 10 you, ..Attach Ihll form 10 the front of the mallp1 . Of on the back It .pace doe, not perml, . .Wrft,"R.tum RfJCeIpt Requested' on the mallp1ece below the anlde number. Ii IThe Retum ReeelpI Mil ahoW to whom the ,nlde we. deUvered and the dale e delivered. D I 3, Article Addr....d to: ~U.5Cl..l"- l-. fos-\e('" 9~f., lll\\..I)OOcl ~t. ~lu &lV\,\oer\o.~ PA lloll >- l~. ,- ~ lr:. "2: 1- .. 5~ (~', - u.l=-~. ~~(~. ;r: J~ l.t-,.', doO ;;;J2 (5~;" ..0 ", 2..;'" '::Jm ", :;?.: U.l(." a:z _I '-' ,.!.JLU u:\, l' ; coo.. ;:" c;;.. :2 lJ. (0 ::J C) o~ n - , fr. co ~ .il: Ir. ,- .. wQ :.:)oC~ '-2('-=5 .- ()=". R-~. CC (j;;;~ "~ "" fi'e G)~ 00' .a .~~~ ;J) I.U l.l. ._J;" cELU c..., tt:z :c l,J tUI.iJ ,- <::l :}]o... 1.L. 0:: ~..: 0 ~ 0"1 U >- en G ~ If:, .~ .- .. :;:)'c 0 - 00,. ~~,: :;:: ()~ {+.o ..l-?= "- (~...-:! 2;- fi:' <.0 ~t~ _J,(:.. we., .-~ 1,'-...._ EEU! c..J tUtu iE lU Inn.. <::l ::'~ l.L. en ::> 0 0"1 U >- a> r; !:1: tr.. .z: 1- -., UJQ ?'):< o"!'i:' .,- t):C~ -~, .- ... -l. J:tj' (.I..a r.~~ ,")r:::: 6u .a :-,- ?...'1 ,~. we.. .,) -,. ~lP W n::z U.JLU 'C 1.1-1 Inn.. f- C.l ).; '.L. ro ::.> 0 c~ U v. : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA NO. 98-875 MARK K. FOSTER, Plaintitl" SUSAN L. FOSTER, Defendant CIVIL ACTION - LAW IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REOUEST ENTRV OF A DIVORCE DECREE UNDER ~330I(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 aflidavit are true and correct. I understand that f.,lse statement herein are made subject to the penalties of 18 Pa.C.S. ~4904 relating to unsworn falsification to authorities. DATE::pei. 8' Jqqr , x/Lr~ 'd /2~ SUSAN L, FOSTER ~ cu G u:. '" ,- .. ?:-~ wQ - . )_.~ o.......~ '- '~:~ p,:O -- ..... -j- Cl.. C"l~ nf.. "r' _ c) <..0 :-;i'tn 6n' ..J;': ~rJ. .-z u::tr: c...' :jJl1j -l' LI.I ~na. f-; c;, ...-,; .,- lJ_ r.....-, ::J 0 0' U . MARK K. FOSTER, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v. . : NO. 98. 875 CIVIL TERM SUSAN L. FOSTER, Defendant . : IN DIVORCE PRAECIPE TO WITHDRAW APPEARANCE TO THE PROTHONOTARY: Kindly enter this Praecipe to withdraw my appearance as attorney of record for the Plaintiff in the above.captioned mailer. Respectfully submitted, Date: /.;2j;~ f~ ~N~ R. MARK THOMAS, ESQUIRE - 101 South Market Street Mechanlcsburg, PA 17055 (717) 796.2100 >- r- r;; !tl tr. 1- ~ IJJQ ::)<' ~-J .' ~..--. I~ =,; ~~2 :r.: ()~.( I.J_~ a... G?~ Or' .,..~ ~r';: .a 'S t:'. :. ;;;: ':c- c;: ~~ c..J l.w(O r- l-tJ :.:.:!D... COl ~~ 1.1_ O~ =.> 0 a' u MAI~K K. rOSTER. Pluinlirr : IN TIlE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA v. NO: 98-875 SUSAN L. rOSTER, Derendnnl CIVIL ACTION - LA W CERTIFICATE OF SERVICE I, Barbara Sumple-Sullivan, Esquire, do hereby certify that on this date, I served a true and correct copy of the foregoing Plaintiffs Praecipe to Enter Appearance, in the above-captioned matter upon the following individual by first class mail, postage prepaid, addressed as follows: Edward Weintraub, Esquire 2650 North Third Street Harrisburg, PA 17110 DATED; December 15,1998 \ f I :i il I, I' ~ \ I ~ ~ !" ) , 11 I. . I:. I /: , h') :'.; ( Barbara Sumple-Sullivan, Esquire 549 Bridge Street New Cumberland, P A 17070 (717) 774-1445 Supreme Court J.D. No. 32317 Attorney for Plaintiff I, I , i I' "