HomeMy WebLinkAbout98-00938
I
I
~
I~
I~
V,
. ~
).
I~
~
~
V)
I
I
I
I
j
,
,
..1
I t I
,,!
~:
I
,
I :-: Ii
I .~
I .....'
'CJ i
00.
,
.".
\)...
.
c:..
0--
.
~
'>- co f::'
t:r~ ~
,,-,t, c,.
I'. r;'
II;(! ;"1:;'
I,._"y
(1": ;1:: \) :,'i~
"_'I ":)~
f';. 'A..
l~ I .
C'l (.(1 ;',' if)
6'" ~:,I:'~
':i1) lrJ;~
-::1111 0.,. II. t.L1
{J':l t.\.I rnr~
1.11 '"
,. :5
w.. c:,
(.) CJ U
1. The settling of all matters between them relating to ownership and
equitable distribution of real and personal property;
2. The settling of all matters between them relating to past, present and
future support, alimony and/or maintenance of Husband by Wife or Wife by Husband;
3. The settling of all matters between Husband and Wife relating to the
custody of the children;
4. In general, the settling of any and all claims and possible claims by one
against the other or against their respective estatos.
NOW THEREFORE, in consider<1tion of the premises and of the mutual promises,
covenants and undertakings hereinafter set forth and for other good and valuable
consideration, receipt of which is hereby acknowledged by each of the Parties hereto,
Husband and Wife, each intending to be legally bound hereby, covenant and agree as
follows:
1. AGREEMENT NOT PREDICATED UPON DIVOB.C.E: It is specifically
understood and agreed by and between the Parties hereto, and each of the Parties
does hereby warrant and represent to the other that the execution and delivery of this
Agreement is not predicated upon nor made subject to any Agreement for the
2
r-.....---'
'o"ltlttl'O, ,,,.,,lttlon, d,f'''' 0< '0< th' noo."""utlon " 0'0.,,1"" ,f on,
"tlon '0< "<''''' """,d, h'W"'" th.t noth'o' "o,,'nod 10 th" "",,,,ont ,h.1I
,,,,,ot 0< '''''ud' ,lth" ,I th' p"tI" h"'to '''''' "mm"do" ,,,tltutlo. m
,."e,utlo. on, "tlon 0< "tloo' fo< "<"'" ,lth" .b"lu" m nth"W'''' u'oo iu.t,
'e." "u, ,,,pe' ."uod', om to ""ont ,ith" p"" f"'" d,f,n"Og on, .u,h "tloo
wh"h """ h" b"n, 0< .h.1I b' ,,,tltu"d b, th' nth" p"tV, m ,,0'" m..,og on, iu"
or proper detense thereto.
,. ElfEC' Df DIVORCE DE~' lbe p"tI" "." thOt uol'" oth"wl"
",,11'''"' """,d h""O, th" M."",ont ,h.1I "otlou' '0 f"" '0<" ond ,ll"t .It"
,u,h tI",e " . 11,,1 d"'" In "",,, "'" b' ",."d with """t to the p"tleo
3. A!lI'"M.N' TO pE INCDRPDRAlElLlIITD D""",CE D~REE, lb'
p"tI" ""'" th.t \h' tot"" ,f \hI' M'"'''''' ,h.1I b' 'o"",,""d but not "''''''
into any Divorce Decree which may be entered with respect to them.
4. AD' liCE Of COUNSEL, The """,on, of \h" M",,"OI ." 'o"od"
to ell "I , ",.11, b'nd'o, '''',,'' "u"mont b.tW"O th' ,,,tI,, tlu.b"d"
uo",,,,,o"d, ond Wile h" b"o """,n'" b, G", J. 'mb,um, E""'''' E"h ,.tV
"'nowled,,, th.1 he 0< ,h' lull, und",,,od' th' ,,,,, on' h" b"O lull, 'ofo<m,'
.. to hi, 0< h" ",., ",h" ond obll,,,'o'" ond ",h ,,,,, ",now""" "d "",,,
Ih" th" .,,,,,,,,,t " "It ond e,It'''b'', Ih.t It " b"o, """d 'oto ",," on'
3
voluntarily and that this Agreement and the execution thereof is not the result of any
duress, undue influence or collusion.
5. l.N.I.EB.EE.BEN.C.f:: Each party shall be free from all control, restraint,
Interference or authority, direct or indirect, by the other in all respects as fully as if he
or she were unmarried. Each may reside at such place or plElces as he or she may
select. Each may, for his or her separate use or benefit, conduct, carryon or engage
in any business, occupation, profession or employment which to him or her may seem
a~visable. This provision shall not be taken, however, to be an admission on the part
of either Husband or Wife of the lawfulness of the causes which led to, or resulted in,
the continui:ltion of their living apart. Husband and Wife shall not molest, harass,
disturb or malign each other or the respective families of each other, nor in any way
interfere with the peaceful existence, separate and apart from the other, nor compel
or attempt to compel the other to cohabit or dwell by any means or In any manner
whatsoever with him or her; each of the parties understands and agrees that he or she
shall not and will not do or say anything to the Child, at any time, which might in any
way influence the Child adversely against the other party.
6. MUTUAL RELEASE; Husband and Wife each do hereby mutually remise,
release, quit claim, and forever discharge the other in the estate of such other, for all
time to corne, and for all purposes whatsoever, of and from any and all rights, titles
and interests, or claims in or against the property (including income and gain from
4
property hereafter accruing) of the other or against the estate of such other, or
whatever nature and whatsoever 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, or by way of dower or curtesy, or widows or widowers rights, f"mily
exemptions 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 Pennsylvania, any state,
commonwealth or territory or the United States, or any other country, or any right
which Wife may have or at any time hereafter have far past, present or future support
of maintenance, alimony, alimony pendente lite, counsel fees, costs or expenses,
whether arising as a result of the marital relation or otherwise, except, and only
axcept, all rights and agreements and obligations of whatsoevar nature arising or
which may arise under this Agreement or for the breach of eny thereof. It is the
intention Clf Husband and Wife to give each other, by the execution of this Agreement,
a full, complete and general releasa with respect to any and all proparty 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 provision
thereof.
5
",r-'
7. DISCLOSURE AND WAIVER OF PJlQC-E.QURALJllilliIS: 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 property that either or both parties own at this time or
owned as of the date of separation, and that each party has the right to have all 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 concerning
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
Is adequately provides for his or her needs and is in this or her best interests, and that
the Agreement is not the result o.f any fraud, duress, or undus 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.
6
e. The right to have the court determine which property is marital and
which is non-marital, and equitatably distribute between the parties that property
which the court determines to be marital, and to set aside to either party that property
which the court determines to be the parties' non-marital property.
f. The right to have the court decide any other rights, remedies,
privileges, or obligations covered by this Agreement and/or arising out of the marital
relationship, including but not limited to possible claims for divorce, child or spousal
support, alimony, alimony pendentl;l lite (temporary alimony), equitable distribution,
debt allocation, and c(lunsel fees, costs and expenses.
8. fERSONAL PROPERTY: Husband and Wife do hereby acknowledge that
they will divide the marital property as of the date of this Agreement, including, but
without limitation, jewelry, clothes, furniture and other personalty and hereafter
Husband agrees that all the property in the possession of Wife on the date of this
Agreement shall be the sole, separate property of the Wife; and Wife agrees that all
of the property in the possession of the Husband on the date of this Agreement shall
be the sole, separate property of Husband; irrespective of the foregoing provisions,
Husband hereby agrees to set over, transfer and assign all of his right, title and interest
to those personal effects and items of personalty that are more fully described in
Schedule" A," which has been annexed hereto and made a part hereof and which shall
become the sole property of Wife with the right to remove same from the marital
premises or from wherever located, and Wife hereby agrees to set over, transfer and
assign all of her right, title and interest to those personal effects and items of
7
personalty that are more fully described in Schedule "B" which has been annexed
hereto and made a part hereof and which shall become the sole property of Husband.
By these presents, each of the Parties does hereby specifically waive, release,
renounce and forever abandon whatever claims he or she may have with respect to
any of the above-items which are the sole and separate property of the other from the
date of execution hereof.
9. AFTER-ACaUIREDj:'ERSONAL PRO~-BI.Y: Each of the Parties shall
hereinafter own and enjoy, independently of any claim or right of the other, all items
of personal property, tangible or intangible, acquired by him or her after May 1, 2000,
with full power in him or her to dispose of the same as fully and effectively, in all
respects and for all purposes, as though he or she were unmarried.
10. DIVISION OF VEHICLES: With respect to the vehicles owned by one or
both of the parties, or the net proceeds or value derived from any prior sale or trade
in thereof, they agree as follows:
ll. The 1997 Ford F-150 truck shall be the sole and exclusive
property of Husband.
b. The 1991 Geo Prism car shall be the sole and exclusive property
of the Wife.
8
The titles to said vehicles shall be executed by the parties, if appropriate,
for effectuating transfer as herein provided on the date of flxecution of this Agreement
and said executed titles shall be delivered to the proper party on the distribution date.
For purposes of this Paragraph the term "title" shall be deemed to include "power of
attorney" if the title to the vehicle is unavailable due to financing arrangements or
otherwise. In the event any vehicle is subject to a lien or encumbrance the party
receiving said vehicle as his or her property shall take it subject to said lien and/or
encumbrance and shall be solely responsible therefor and said party further agrees to
indemnify, protect and save the other part harmless from said lien or encumbrance.
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.
11. HEAL PROPERTY: Husband and Wife hereby agree that all right, title and
interest in the real estate situate and located at 634 Allenview Drive, Mechanicsburg,
Pennsylvania (hereinafter "Residence") shall become the sole and separate property
of Wife. The parties estimate the value of the Residence at Eighty-one Thousand
($81,000.00) Dollars. The Residence is encumbered with a mortgage to CountrYWide
Home Loans in the approximate amount of Seventy-five Thousand Six Hundred
($75,600.00) Dollars.
9
...'
Husband hereby agrees the all right, title and Interest in the Residence shall
become the sole and separate property of Wife. Wife agrees to pay the mortgage
thereon to Countrywide Home Loans and indemnify to hold harmless Husband for any
liability thereon. Husband agrees to execute a Deed transferring any and all interest
which he has in said property to Wife at the time of the signing of this Agreement.
Further, Husband agrees that once aforesaid mortgage is paid in full, he will sign any
and all other documents which may be required for Wife to obtain olear title to the
Residence.
Wife agrees to make a good faith effort accomplish what the mortgage
company, Countrywide Homo Loans, terms a "Simple Assumption". Wife is informed
by Countryside Home Loans and believes that once she provides them with a COpy of
the Divorce Decree, a recorded Deed, information about the change of the
Homeowners Insurance and a fee of One Hundred ($100.00\ Dollars then Countrywide
Home Loans will remove Husband's name from the Mortgage.
12. CASH PAYMENT: Wife shall pay to Husband at the time of the signing
of this Agreement the sum of Four Thousand ($4,000.00\ Dollars.
13. APl'-InICABILln' OF TAX LAW TO PROPERTY TRANSFERS: The parties
hereby agree and express their intent that any transfer of property pursuant to this
Agreement shall be within the scope and applicability of the Deficit Reduction Act of
1984 (hereinafter the" Act"). specifically, the provisions of said Act pertaining to the
10
transfers of property between spouses and former spOLlses, The parties agree to sign
and cause to be filed any elections or other docLlments requirod by the Internal
Revenue Service to render the Act applicable to the transfers set forth in this
Agreement without recognition of gain on such transfer and subject to the carry-over
basis provisions of the said Act.
14, LIABILITIES: During the course of the marriage, Wife and Husband have
incurred certain bills and obligations and have amassed a variety of debts, and it is
hereby agreed, without the necessity of ascertaining for what purpose and to who's
use each of the bills were incurred, that the parties shall be responsible for the debts
that each has separately incurred since May 1 st, 2000, except those more fully
described in Schedule "e" which has been annexed hereto and made a part hereof for
which Wife shall assume all liabilities and Schedule "D" which has been annexed
hereto and made a part hereof for which Husband shall assume all liability. Wife shall
indemnify and hold Husband harmless from payment of all of said debts on Schedule
"e" and Husband shall indemnify and hold Wife harmless from payment of all of said
debts on Schedule "0".
15, WARRANTY AS IQJ;XLS)]N!J..2BLlGATION.S: Each Party represents that
they have not heretofore 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
11
harmless from and against any and all such debts, liabilities or obligations of every kind
which may have heretofore been incurred by them, including those for necessities,
except for the obligations arising out of this Agreement.
16. WARRANTY AS.iO FUTUREJllillGAIJ.Q.N.S: Husband and Wife each
covenant, warrant, represent and agree that each will now and at all times hereafter
save harmless and keep the other indemnified from all debts, charges and liabilities
incurred by the other after May 1, 2000, except as may be otherwise specifically
provided for by the terms of this Agreement and that neither of them shall hereafter
incur any liability whatsoever of which the estate of the other may be liable.
17. WAIVER OF ALlMONY...suPPORT AND MAINIEN.AN.CE: Husband and
Wife do hereby waive, release, and give up any rights they may respectfully have
against the other for alimony, support, or maintenance. It shall be from the date of
this Agreement the sole responsibility of each of the respective parties to sustain
themselves without seeking any support from the other party. The parties hereby
acknowledge that by this Agreement each has respectfully secured and maintained a
substantial and adequate fund with which to provide themselves sufficient financial
resources to provide for their comfort, maintenance and support in the station of life
to which they are accllstomed.
12
18. I.BA; Husband agrees to waive any and all right to Wife's IRA account
with her emplo'yer Knupp, Kodak, & Imblum, P.C. Wife agrees to waive any and all
right to Husband's IRA through The Equitable Company. Each party agrees to sign
any and all documentation necessary to effectuate their waiver of the other's IRA.
19. CUSTODY: Husband and Wife agree as follows:
a. Husband and Wife shall have shared legal custody of the Child;
b. Wife shall have primary physical custody of th~ Child.
c. Husband shall have periods of partial custody with the Child upon
mutual agreement of the parties.
d. Both Mother and Father are encouraged to accommodate the other
In arranging for substitute times and periods of visitation as may be required from time
to time in order to accommodate each other's schedule.
e. During the respective periods of custody, both Mother and Father
shall keep the other parent fully informed of the location of the Child and the phone
numbers and places of any temporary residence. Each parent shall permit and
encourage reasonable mail and telephone contact between the Child and the parent
who is out of custody for any particular period.
f. Neither Mother nor Father shall use any controlled substances in
the presence of the Child nor shall they consumer alcohol to the point of Intoxication
in the presence of the Child during any period of visitation.
13
g. Neither Father nor Mother shall do anything to estrange the Child
from the other parent and both shall encourage the Child's relationship with the other
parent. Specifically, neither parent shall make, or permit any other person in the
household to make any remakes or do anything which in any way could be construed
as derogatory or uncomplimentary to the other parent. It shall be the express duty of
each parent to uphold the other as one whom the Child shall respect and love.
Additionally, neither parent shall make any derogatory or uncomplimentary remarks
about the friends, companions and relatives of the other parent In the presence of the
Child.
h. With regard to any emergency decision which must be made, the
parent with whom the Child Is physically residing at the time shall be permitted to
make the decision necessitate by the emergency without consulting the other parent
in advance. However, that parent shall inform the other of the emergency and consult
with him/her as soon as possible. Day to day decisions of a routine nature will be the
responsibility of the parent having physical custody at the time.
20. CHILD SUPPORT: Husband shall pay to Wife Child support in the amount
of Six Hundred and Fifty ($650.00) Dollars each and every month for the support of
the Child. Said payments shall be paid through Cumberland County Domestic
Relations Office via wage attachment.
14
Wife acknowledges that she is in receipt of payment for Husband in the amount
of Four Hundred ($400.00) Dollars. Said payment shall be applied to Husband's
obligation to pay Child Support for .Juna, 2000. Accordingly, Husband will be
responsible to pay Wife an additional Two Hundred and Fifty ($250.00) Dollars by the
end of June, 2000 and he will continue to pay Child Support each and every month
thereafter in the amount set forth above.
Wife hereby agrees that she will not file to increase Child Support throllgh
Cumberland County Domestic Relations for two (2) years from the date of the signing
of this Agreement.
21. MEDICAL INSURANCE COV.ERA.GE: Wife agrees to provide medical
insurance for the minor Child through her employer provided that Wife's employer
provides medical insurance coverage at a reasonable cost. In the event that Wife's
employer does not provide medical insurance at a reasonable, cost then Husband shall
place the minor Child on his medical insurance policy as long as insurance is available
through his employer at a reasonable cost. In the event health care coverage is not
provided by Wife or Husband's employer pursuant to the above, Health Insurance
Costs shall be shared between the parties in portion to their incomes. Regardless of
who carries medical insurance, unreimbul'sed medical cost shall be shared by the
parties In portion to their income.
15
22. COLLEGE EXPENSf.S: Husband agrees that he will contribute to the
Child's secondary education, included but not limited to undergraduate college
education, provided that the Child has the potential and desire to earn a degree at the
school which she wishs to attend.
23. OTHER DOCUM.ENIAI1Q.I\I: Wife and Husband covenant and agree that
they will forthwith (and within at least thirty (30) days for demand therefore) execute
any and all written instruments, assignments, releases, satisfactions, deeds, notes or
othflr such writings as may be necessary or desirable for the proper effectuation of this
Agreement in order to carry out fully and effectively the terms of this Agreement.
24. EU.LL DISCLOSURE: Each party asserts that he 01' she has made a full
and complete disclosure of all of the real and personal property of whatsoever nature
and wherever located belonging in any way to either or both of them, of all the debts
and encumbrances incurred in any manner whatsoever by either or both of them during
the marriage, of ell sources and amounts of income of each party, and of every other
fact relating in any way to the subject matter of this Agreement. These disclosures
are part of the consideration made by each party for entering in this Agreement.
25. BANKRUfJ~: The parties hereby agree that the provisions of this
Agreement shall not be dischargeable in bankruptcy and expressly agree to reaffirm
any and all obligations contained herein. In the event a party files such bankruptcy and
16
pursuant theroto obtains a discharge of any obligations assumed hereunder, the other
party shall have the right to terminate this Agreement in which event the division of
the parties' marital assets and all other rights determined by this Agreement shall be
subject to court deMmination the same as if this Agreement had never been entered
into.
26. FEES. COSIS AND EXPENSES: Each party agrees to be solely
responsible for her and his respective counsel fees, costs and expenses in negotiating
and concluding this Agreement, dissolving their marriage and consummating all
provisions of this Agreement.
27. ENTIRE AGREEMENT: This Agreement contains the entire understanding
between the Parties. There are no representations, warranties, covenants or
undertakings other than as expressly set forth herein.
28. WAIVER OR MODIFICA1'ION TO BE IN WRITING: No modification nor
waiver of any of the terms hereof shall be valid unless in writing and signed by both
Parties and no waiver of any breach hereof or dofault hereunder shall be deemed a
waiver of any subsequent default of the same or similar nature.
29. LAW... OF PENNSYLVANlA. APPLICABLE: This Agreement shall be
construed in accordance with the laws of the Commonwealth of Pennsylvania.
17
I
r'
30. AGBEEMENT BIl'lWlNG ON HEIRS: This Agreement shail be binding and
shall inure to the benefit of the Parti9s hereto and their respective heirs, executors,
administrators, successors and assigns.
31. SEY..EBABllJIY.: 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. Likewise, the failure of any Party to meet his or her
obligations under anyone or more of the paragraphs herein with the exception of the
satisfaction of the conditions precedent, shall in no way void or altor the remaining
obligations of the Partios.
32. NO WAIVER OF DEFAULT: 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 any of the provisions of
this Agreement shall in no way affect the right of such party hereafter to enforce the
same, nor shall the waiver of any subsequent default of tho same or similar nature, nor
shall it be construed as a waivor of strict performance of any other obligations herein.
33. PREACH: If for any reason either Husband or Wife fails to perform his
or her obligations hereunder to the other spouse, and the other spouse Incurs any
18
:>.. ell i"::
a; .~
~~~ ;~:
-, (',; :":J ~:r
IU~" ( )~:;
(,. - \-)~::-
C '. ",
t. l.'1_ (,I~j
, ,I-
. ( . r.C. :,:; ~~~
Clio .,< t '~.
l!'J' ;'iJ:;~
fLtj. 0 ~ :1,:0
1..1.1 i!.Jfl.
,- (,;. "'"
ll.. 8 :.>
0 u
'.
Thomas S. Stapf
Plaintiff
IN THE COURT OF COMMON PLEAS
Cumberland COUNTY, PENNSYLVANIA
NO.: 70-- I;/:if? (l~Ji-~.e_
V
Tammy L. Stapf
CIVIL ACTION - LAW
IN DIVORCE
NOIlCf
Defendant
You have been sued in Court. If you wish to defend against the claims
set forth in the following papers, you must take prompt action. You are warned
that if you fail to do so, the case may proceed without you and a Decree in
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 child(ren).
When the ground for the divorce is indignities or irretrievable breakdown
of the marriage, you may request marriage counseling. A list of marriage
counselors is available in the Office of the Prothonotary at the Cumberland
County Court House,...!. cou~use Square 'pennsylvania, 17013.
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 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
James A. iller, Esquire
Attorne or Plaintiff
n.
Thomas S. Stapf
Plaintiff
v
IN THE COURT OF COMMON PLEAS
Cumberland COUNTY, PENNSYLVANIA
NO.: "I J' (131' ('lveI 7;""
Tammy L Stapf
Defendant
CIVIL ACTION - LAW
IN DIVORCE
COMP.LAINLLNJ)lVORCE
1. Plaintiff is Thomas S. Stapf who currently resides at 28 South
Market Street, Apt. 2, chanicsburg, PA 17055
2. Oefendant is Tammy L Stapf, who currently resides at 6311 Anne
Street, Harrisburg, Pennsylvania, 17011
3. Plaintiff and Defendant have been bona fide residents in the
Commonwealth for at least six months immediately previous to the filing of this
Complaint.
4. Plaintiff and Defendant were married on September 15, 1990,
Dauphin County, PA
5. There have been no prior actions for divorce or annulment
between the parties.
6. The Plaintiff is a citizen of the United States of America.
7. The Defendant is not a member of the Armed Services of the
United States of America.
8. The 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.
COUNU
REQUEST FORAJIIQ~AULI_DIVO.B.CE UNDEIUECIION 3301( C) OF tHE
Dl\lORC.E CODE
9, The prior paragraphs of this Complaint are incorporated herein by
reference as though set forth in full.
10. The marriage of the parties is irretrievably broken,
COUlill
CLAIM FOR.EQ.UIIAB.LEJlISIRIBUTION OF MARIIALPRQ~BIY
UNO-E.RSECJ1QN_35~E-Il:lEJll\lQRCE CODE
11, Plaintiff and Defendant are the joint owners as tenants by the
entireties of the fOllowing real estate which is sLlbjectto equitable distribution by
this Court:
12, The parties hereto have entered into a Separation and Property
Settlement Agreement in which they have amicably resolved an equitable
distribution of tllsir marital property, A copy of said Agreement is attached
hereto and marked Exhibit "A".
WHEREFORE, the Plaintiff requests the Court to enter a Decree:
a, dissolving the marriage between the Plaintiff and Defendant;
b, equitably distributing all property owned by the parties
hereto in accordance with their Separation and Property Settlement
Agreement signed by thom;
Respectfully Submitted,
--------
L
James A, lIer, Esquire
Attorney r Plaintiff
122 ust Street, Suite 100
rrisburg, Pennsylvania 17101
(717) 236.5161
STAPF I'.S.A.
indepondontly have to assort a ciaim now or in 1110 futuro for spollsal support Illimony ponefonto
lito, attornoy foos, cosls and oxponsos. Encll pmty horeby expressly waives any ri(Jht to alimony
penelente lite and oacll par1y a(JfOOS 10 bo responsible ror her or his own legal feos and
exponsos.
4, WAIVER OF-ALIMONY:
Husband and Wifo hereby acknowleelge that they 11ave beon independonlly and
separately adviseel, or have had the opportunity to recoive SUCll advice and nevortl18less
knowin(Jly has waived such advice. that eacll may have the right 10 8ssel1 a claim for alimony.
Further, Husband and Wife acknewledge tllal they understand tllat said rights are available in
Ihis aclion. Nevertheless, Husband and Wife Iloreby knowingly forover waive and relinquish any
right thoy may each independently have to assori a claim now or in the fulure for alimony.
The parties 110rein acknowledge that by this Agreement they 11ave rospoclively socured
and maintained an adequate fund witll Wllicl1 to provide for themselves; furll1er. tlley llave
sufficient financial resources to provide for tlleir respeclive comfort, l11ail1l.."181100 "lid slIppur I fur
the stalion of life to whiell they each are acclIstomed. Wife and Husband do hereby waive,
release, discharge and forever relinquish any anel all rigllls or claims which he or she may have,
now or hereafter, that they may respectively have against the olher for alimony, support or
maintenance. It sl1all be from the execution of Il1e Agreement tllO sole rosponslbility of oach of
the respective parlios to sustain tllolllselves.
5, EQUIIAaLEQISTRIIWTlQNQFrHopr;;RTY~
A. 1189 Letchworth Road, Camp Hill, Cumberland County, Pennsylvania:
HlIsba nd ancl Wife wero 1110 ownors ill interest as lenants by tlw entireties 10 1118 real
property known as '1189 Letchworll., Roael, Cllrnp Hill Cumberlnnd County, Ponnsylvania; said
properiy having been sold andlho lllor1gaoee having been paid in full. Upon seltlement. the nel
prooeeds were first applied 10 tllO parties Visa creclil card debt in IIle approximate alllount of
3
STAPF P,S,A,
$4,000.00 an(j thon towards Wife's Mmy Kay [Job!. The oxcoss procoods wrfJO l110n oqually
divided botween Husband anel Wife, fJaell equally sllarlnCl in any qain assoclaledlllOrowllIl.
B, WAIVER OF PERSONAL, TANGIBLE AND INTANGIBLE MARITAL AND
NON.MARITAL ASSETS:
Hw;band and Wile do IMoby acknowloelge that they havo IWl"otololo clividod to thoir
mutual satisfaction allnon-marilal and marital assots Including, but willlOutlirnilatlon 10, businoss
Inlerosts, partnersllip(s), inhoritance(s), jewelry, clollllng, ponsions, brokoraqo accounts, stocks,
bonds. lifo Insuranco pollcios 01 olllOr socurities, Indlviclual Rotirement Accounts, employmont
benefits, CllooKing anel savin[Js accounts, mutual fumls, automobiies amJ other assots whelllOr
real, personal or mixed, tangible or intangible.
Husband and Wife furtlwr acknowledgo and agree IIlal 1110 assets in IIle possession of
tho otller spouse shall be IIlal spouses sole and sopmate propel1y, each party hereto speoifically
waiving, releasing, ronouncing and forovor abandoning whatover claim, If any, 110 or she may
have ~Vlttl respect to any of ttw foregoi/19 Hems which .:Ire tho 5016 and separate properly llf the
othor. Husband Ilereby acknowledges that Wile is in possosslon of the 1991 Chevrolet Geo
Prism and Husband shall execute any anel all documents relating to the transfer of title to said
vehicle to Wife. Wifo shall Ilear all ex pen so, associated with the vehicle Including but not
':Irnitedto taxes, registration, Insurance(s), maintenance, otc.. Wife Ilerelly acknowledges that
Husband has sole an,1 exclusive possession of the 1994 Ford 1'-150. Hushand shall bear all
expen5es associated with tile Ford Inclu(lin(l but not iimit0l1 te taxes, rogistratlon, insurance(s),
rnaintenanco, 1110 Chevy CIlaso Maryland Bank loan, etc. Husband sllall indemnify and hold
Wife Ilarmless 1I1Oreon Wi!!1 respeot to said loan and all olher assessments related to said
vellicle.
C, INTENT:
This Agreement is intended to eJistrlllute all propel1y of the par1ies, whether real or
personal, and whethor (Ielormined to be soparate or marllel propOl1y. In the event that any
property may bl! olllillod from \1115 Ag~oemonl. it is lIndfJl'stood and unreed that the person
4
STAPF P,S,A,
having possession and/or tlllo to such proporty tOllowinlJ tho execution of this Agreement slwll be
doomed 1110 owner theroo! Rnd each of the parties will oxecute any and all 10[jal doculTlonts
wllhoul any clwrgo therefor to evidonce title to such proporty in tho olllOr parlY.
In the event eillwl party is required 10 execute any elocument related to waiving,
releaSing, renouncing or abandoning Ilis or her respective interest in any of said assets, said
pal1y shall provide 11is or l18r immediate and full cooperation. Each of the parties shall on
demand execute and deliver to the othor any doeds, documents, records, bills of sale,
assignment, consents to change of beneficiary on insurance policios, tax returns, corporato
transfer documents and any and all other documents and do or caused to be dono any other act
or thing that may be necessary or elesirable to the provisions ami purposes of this A(Jreement. If
either party fails on demand to comply willI this provision, that party shall pay to the other all
attomeys' feeS, costs and other expenses reasonably incurrecl as a result of such failure.
6, ~LUbL.LVA-NJnAPE:
A,. CH1L,l:tSUPEQRI:.
Upon the final settlemenl of the parties real property as defined hereinabove in
paragraph 5 (a), Husband 511811 commence payments of $225,00 per month to Wife in the form
of child support for the minor cllilel, Sullivan Stapf. Wife hereby agrees that she had previously
filed for child and by various letters from her attorney, Richard S. Friedman, has requested that
domestic relations place tile Inatter in aheyunce pending \110 parties final resolulion, Wife, in the
event slle revisits child support ltHou\J1l domestic relations, Iwreby agrees ltlat she shall
terminate all arrears whicll may 11ave arisen and which may be clue ami owing. In the event
Wife waives her right 10 seck c!lild support throu\Jll domestic relations, slle shall immediately
take all necessary steps to terminate her peneling action.
It MEOICAlINSl,JRANCE FORSUl..LIVANSTAl'f:
FUlillOr, provided Husband's employer provides medical insurance coverage and makes
suell available to Husban:1 for the benefit of ltw minor child, Illen Husband agrees to provide
modical insuranco for ltw minor cl1ile! ltlrou9h his employer Wife s!lall pay all urrfoimbursed
5
~.
STAPF P.B.A.
medloal expenses Inourrod umler suoh olroumstances. III the evenl Husband's omployer does
not provide Ilwdlcal illsurance which coverage would thell not be availabe for the minor Clllld,
l118n Wife shall placo tho minor cllllrl on her modic,11 illsllranco policy with Husband paying all
unreimbursed modlcal oxpenses. In the event health care coverage is not provided or covered
by any insurance plan whicll either Husband or Wife may have in place at Hie time the minor
child may require care, Hlen the parties shall equally slJare the cost of SUCll care required for tl18
minor child.
Q. QQ\,.LEGJ;_EXf>.ENSES:
Further, Husband agrees that 110 will contribute to Sullivan Stapf's undergraduate college
education provided Sullivan has tile potential for school and really wants to obtain a higher
education,
0. WEEINS.URANC.E:
Husband shall matiain life insurance through Ilis employer In the amount ef $25,000.00
naming Sullivan Stapf as beneficlmy thereoll. Said pulicy sllall remain in effect throllgh
Sullivan's education, inCluding higher educatiell if such education is soUg!lt. In the event his
employer does not provide such, Husb'lIid shall purchase the same independently.
E. C!,t~tLQUY~
HI/sband ami Wife have satisfactorily arrangecl for pllYsical custody of the minor Clll1d.
Wife sl1811 have primary physical ,~ustody. Husband sllall be entilled to two, not necessarily
consecutive, weoks ef vacation time with Sullivan. The parties shall share tegal custody of the
minor child.
Z. AETER ACQI,JIREDPROI'ERTY:
Each of the partios s!lall 110reafter own and enjoy, Independently of any claim or right of
the other, all proporty, be they roal, porsonal or mlxod, tangible or Intangible, which are hereafter
acquired by Itim or 1101', with full power in him or Iter to dispose of the same as fully and
effectively, in all respects and for all purposes, as thougltlle or she were unmarried.
6
STAPF P,S.A.
Tile partios 110roby agroo tl1at, as 10 all assots nol spociflcally mentioned herein whicll
are presenlly titled in Il1e sole namo of one of IlIe parties 110relo or, if tlnlitlecl, aro prosonlly in
the solo possossion of one of tlw parties l1orelo, 1110 party nol having tillo tlwroto or possossion
tllOreef tlereby waives, releases, rOlinquishes and forever abandons any and all claims Il10roin,
and acknowlodges tl1at tllO party l1aving IIlIe or possession 01 suctl items shall 1)0 tho solo and
oxclusive ownor' tl1eroof.
a., DEBTs:
A, Wifll'S.J)llb1s~
Wifo reprosonls and warrants to Husband Ihal since 1110 parties' separation slie l1as not
and in Il1e futuro silO will nol contract or incur any dobt or Ilabilily fur wl1lch Hushancl or l1is ostato
might be rosponsiblo and sllall indemnify and savo l1armless Husband Irom any and all claims or
demands mado againsll1im by roason of dobts or obligations incurred by her.
6, H.Ysb1\mt'~J).Q.bls:
Husband roprosent" ami warrants to Wile tl1at since tile p3rtles' soparation 110 1135 not
and in tile futuro l1e wil! not conlract or incur any elobl or liability lor which Wile or her estate
might be responsible anrl sllall il1Clemnily anel save harmless Wire from any and all claims or
domands made against her by reason of debls or obli(Jalions incurrod by 111m.
Q. lud~1TInific.<lIIQn:
1. GQuQrnl:
All furtller debts incurred by the parties sllail bo Illelr individual responsibility, Each
party represents and warrants 10 Ille oilIer tllat 110 or sho Ilas not incurred any elebt, obligalion, or
olller Iiabilily, ollwr than describod in III is A(II"oement, on wl1icll Ihe otller party is or may bo
liablo. Eacll party covenants and a(Jrees liwt if any claim, action or proceeelin(l is hereinaftor
initiated seeking 10 Ilole! tile otlwr party liable for any oltwr debls, obligations, liability, act or
omission of sllcll party, SUCll party will at 11is or Iler sole oxpense, clelond the olller againsl any
such claim or dornal1Cl, whother Of not welHoundeel, and Ittal ho or sho wiit indemnify and holcl
harmless Ille olller party In respect of all damagos as resulling Itlorofrom, Damagos as usod
7
STAPF P.S.A.
hQroin sllall inclucl[J any claim, action, domand, loss. cost. oxponse, ponally, am! othor damage.
including without limitation. counsel fees and ol/wr costs and [Jxponsos reasonably incurred III
Invostigatin(/ or attemptin(J to avoid samo or ill opposing tho imposition I/wroof or enforcing this
indemnity, resultin[l 10 Husband 01 Wife from any inaccurato representation made by or on
behalf of elI/lOr HusbsllCI or Wife 10 1/10 aI/lor ill I/lis Agroenwnt. any breacll of any of 1/10
warranties made by I-Iusbanel or Wifo in this Agreement. or breach or default in performance by
Husband or Wife of any of the obli(Jalions to be performed by such party hereunder. The
Husband or Wife a(Jrees to give I/le other prompt written notice of any litigation threatonod or
instituted a(Jainst either party which might constitute 1/10 basis for a claim for Indemnity pursuant
to the terms of this Agreement.
9" EULLPlsGI..QsURE:
Tho parties acknowledge that they 11ave been fully advised and inforrned of the wealth,
real and/or personal property, estate and assets, earnings and Income of the aI/lOr and are
famitlar with and cognizant of SUCll anel 1118 value thereof, or has knowingly w~il,led such advicE'
and/or Information. The parties hereto 11ave been fully advised and Informed of all rights and
interests which, except for the execution and delivery 11ereef. have been conferred upon or
vested In each of them by law willI respect to the property or estate ef the olllOr by reason of
their marital status, or has knowingly refused or waived such advice or Informallon.
to. RELE.!l.SES.:
Except as provided [Jenerally throu[JllOut 1I1ls (,greement. tllis Agreement conslltutes a
full and final reselutlon of any ami all claims which eacll of the partie~ ever Iwcl. now have or
may have in 1110 future noainst the other party and/er the estate of the elllCr party, including, bul
not necessarily resultin[J from. their status as Husband ami Wife. Therefore, except for all rights
and obllgatiens specificallv arising under 1I11s Agreoment, tho parties each cia. for IIlernselves
and for their llOirs, exocutors, administrators, successors, and agents, hereby mutually waive,
remise, rolease, quitclaim am! fO!'Elver cllscllarge the othor party and tho heirs, executors,
administrators, successors and agonts ef the othor pariy, for all time to come and lor all
8
."'1#'
STAPF P,S.A.
purposes whatsoever, ef and fmlll any an,j all rig 111, litle, interest, cause ef aclion ami/or clallll In
er against tile other or tile Assets of the otl1er, or ag,llnst tile estate ef tllO otlwr, of wlwtever
nature (Including, but not limlied to, tllO assets identified pursuant to this A(Jreement as
belonging to tlw otl1er party. any income and/or gain from such proporty, and any assets of
whatever nature acquired by the otl1or party prior tf) or subsoquent to the date ef execution ef
this Agreement) and whlell he er she now has or at any timo in tlw fulure may Ilave against tllD
other, the estate of the eltler or any part thereef, wl1ether in law or in equity, whether known 01
unknown, matured or unmatured, ancl whether arising under the laws of any jurisdiction ami
including, but not limited to, the following: (i) oul of any fermer acts, contracts, en(Jagements or
liabilities of Suctl other; (il) pursuant to inheritanco, eiectlve ami/or intestate rig his to tile other
party's eslate, includin(J, without limitation, claims for dower, curtesy, widow's or widower's rights,
family exemption, a di3tributivc sl1are, survivor's allowance, benefits under a retirement plan,
under the intestate laws, the rigllt to take 8(Jainst tile deceaseel spouse's Will, the ri(Jht to Ireat a
lifetime conveyance by tllo otllDr as testamentary, and all oIlier rig hIs of a surliving spouse to
challengo a deceaseel spollse's Will, challenge tile other party's Will, elecl to take against the
other party's Will, and/or p8rticipalo il1 a deceasecl spouse's estate as administrator, exeoutor er
otherwise; (iii) right to share in any retirement benefits for the otllOr spouse, excepl social
security; ancl (iv) for past, present or future SUPPOlt or maintenance, alimony, alimony pendente
lite, property division (includin(J, but not necessarily limitecl la, equitable distribution), counsel
fees, cosls or expenses, whether arising as a result of tile marital relation or otherwise, whether
under the Divorce Coclc or otherllisD.
Except as specifically provicled for in tllis Agreement: a) eacll of the parties sllalll1ave
Ihe rlolll to dispose of Ills or her preperty by last Wilt, or olhOlwise, as he or SilO cllOoses, willlOut
any claim by the olher party; Il) 11\0 oslate of each of \tlO parlies, of wlwtever nature, sllail beleng
10 whoever woulel Ilave been enlitled to it, as if the clecedent Iwd tleen the last to dio; c) each
palty shall permit any Will of the olllOr to be probatecl and allow administration upon his or llOr
eslAte of wllatevor naturo to he taken out by wllOevor would l\fIve beon onlillect 10 clo so Iwcl
9
STAPF P.S.A,
Husband or Wife died during 1110 lifetimo of 11\0 oll\Or; d) nolthor Husband nor Wife shall claim
against or conlest 1110 Will and/or the oslalo of the othor; and 0) oacll of 1110 pHl110s oovonants
ancl agroes for ilimself and herself and his or llOr IlOirs, oxecutors, administrators and assigns,
that he or she will nover al any :irno h~reaftor sLle IIID other parly or his or l18r 1101rs, oxecutors,
administrators, or assigns, for tho purpose of enforcin(l any of the ri(lhts relinquished under Ihls
Paragraph.
11, IAX.QNPRQPERIY.lli\llSJQN:
Husband and Wife understand al1ll ,'(lree that there should not be any tax assessment in
any form wllatsoever \0 either party as a result of Ihe division of marital property by this
agreement. Each of Ihe parties hereto agree 10 be separately responsible for their own tax
liability If any.
12. BREACH:
If ellller party breaches any p;ovlslon of 1I11s Agreement, the other party shall have the
right. at his e'r her election, to sue for damages for such breach, Tile party breaching tills
contraot shall be responsible for the payment of legal fees and cosls Incurree! by 1118 olher in
enforolng his or 11er rl(lllts under 1I1is A(lreernent, or seeking SUCll olller remedy or relief as may
be available 10 111m or her.
1.3~ REP.R.Es.l;NIAIIQN:
The prOVisions of Ihis A(lreernent and 1118lr legal effect ilave been fully explained to the
parties by IIleir respective counsel. Each party acf:nowledges that ho or SilO has received
Independentlo(lal advice tram counsel of his or llOr selection ami that ench fully understands the
facts and has !leen fully Informeel a,; to Ills or Iler legal rl(lllts and obligations. Each party
acknowledges anel accepts that 1I1is A(lreomont is, under the circumstances, is being entered into
freoly and voluntarily after having receivNJ SUdl aelvice ami with such knowled[Je, and tllat
exeoution or tllis Agreement Is not tho result of any eJuross or undue influence and Ihat It is net
tile result of any collusion or impropor or Illegal agrool11ont or agrooments,
14, VQL.l)NIAR,(~XECUTIQN:
10
STAPF P.S.A.
Tllo provisions of 1I1ls Agroomont are fully UncIOr~iloo(1 ilY bolll partiDo and oacll parly
acknowludges Ihat tllis Afjroolllont is fair and oquilablo. 1I1at it Is boln() entered into voluntarily
and Illat it is nol tile rosu!t of any duross or undue influonce. Furtller, eacll pariy acknowledges
ttlat he or slle IlaS tllo mental cilpaclty to understand ttlO terms provided Iwreln anel liaS not been
placed undor duress, coercion or any pllyslcal or mental stress.
1~ t;NTlREAGR~EMI;NT:
Tills Agreement contains the entire understanding of the parties and there are no
representallons, warranties, covenan's or underiakings other ttHln those expressly set forth
herein.
16. f>RlUH-Mill..E.EMENI:
It is understood and agreed that any and all property settlement agreements Wllicll may
or have been executed p:.lor to the date and l.ime ef this Agreement are null and void and of no
effect.
II. MDIliflCA TIQNAN!H"I/l,IIlEB.:
Any modification er waiver of any provision of this Agreement shall be effective only if
made in writing and executerl with the sarno formality as this Agreement. Tho failure of either
party to insist upon strict performance of any of ttlO provisions of this Agreement shall not be
construed as a waiver of any subsequent default ef the same or similar nature.
:1..8.,. QQVERNINGJ.AW:
This Agreement shall be govornorl by and sllail bo construed in accordance wllh the laws
of the Commonwealtll of Pennsylvania.
lit. INPI;PENDENTSI;PARATI; .COVENANTS.:
It is specifically understood and agroed by and betwoen the parties hereto that eaoll
paragrapll l\Oreof shallbo doemod to he a soparate and independent covenant and agreement.
2.Q. VOID CI..AUSI;S:
If any tenn. condition, clause, or provision qf tllis Agreomont shall be determined or
deoiared to he void or invalid In law or ottlOlWise, ttwn only lIlat tonn, condllion, olause or
11
I., c:
, .
.-'!'
),'
. i'
! .-:,i
i_,
,..., {j]
". ,
'iI (iJ
....., i'n u"
:';~
, , C~) :.~)
, C,) (.j