Loading...
HomeMy WebLinkAbout98-01197 I '~ I Q)'. j i I , l'dl 1-1"' i I ,...-l- 1 I I , ' I . I , If) , 171. I I I , ! II '7-1. ~, !-dl... I I I::r. I , I I '~"'~t~ ~- ~"'-, '~fh '\ \ \ I , i i i I € ~ J r- c::r .- I-- I , I I ' CO U z -.""....,., SI'.RRATU.u. SClllffMAN. BROWN & CAI.1I00N.I'.c. . fl. S\'II! 1111 1"~:;.~.....,'rr"lll\\~ J{.I\lr 11\lutl'IIl'IH"I'.\ 1711lJWo7n , ,. t__'" .~., MACHELLE HALEY, Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA v, NO, 98-1197 TODD C, HALEY, Defendant CIVIL ACTION - L.A W IN DIVORCE AFFIDA VIT OF' CONSENT & WAIVER OF COUNSELING I. 4,1998, A Complaint in Divorce under * 3301(c) of the Divorce Code was filed on March 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety (90) days have elapsed from the date of filing and service of the Complaint. 3, I consent to the entry of a final decree in divorce after service of notice of intention to request entry of the decree, 4. I have bt~en advised of the availability of marriage counseling and (understand that ( may request that the Court require that my spouse and I participate in counseling. I understand that the Court maintains a list of marriage counselors, which list is available tome upon request. Being so advised, ( do not request that the Court require my spouse and I to partkipate in counseling priur to a divorce being handed down by the Court. 5. I acknowledge that I received a copy of the Complaint in Divorce on or about Ma rc hID, 1998. J verify that the statements made in this Affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S, Section 4904, relating to unsworn falsitication to authorities, , \ \ \ \ , \ " r \ \ '. '. Date: );(' 11"1 !qy :; _ t-j ( ) -",_.- "., ~I \ ' TODD C, HALEY r-. , ,~ '. II , (" { ) i , " t,.: ,', i " !,') I, " I , I.: , , , : , ", 1:1, C) ("\ , (I) , ) ...,. ...... . . "..... fIol,"~ . . . <.! '" i 8 :3 0 ~ ~'J ~ r... 0 .-.j '" ,il if I" .. S ~ ~ ~ ; ::; ffi ~ s ~ 5 o~Sm~~: ~i~!~:~~ 5 ~ j ;: ~ '" J -~_.' ~..... ,. , , ,"-..~, u '" i j '" g o'l:I ~ 8 '" " .. ~ ~ ado .. ... ~ ::: .. '. u i Q ~ t; '" ffi = f"1 ~ ;:: '" ~ I 6 ... ... ~ '" '" .::i en , .'j ~ " " .. Co ~ ~ ~ ~ 18 " " " :ti ~ '" ~ " , , ,- , \-/; III C',': CJ , , I: , , ) l , i l l ; , (l: I u Ct'l " (.I (J , () U 0: i 8 J ~ 0 ~ ~ ~ * co ~ .... .. ~ .:l " - .. S 0 (', ::: '" '" <;: ~ !::; ~ .. N ~ 01i co 0 o~ t! .. .. ~ ~ " tl <5 '" ., '" , . .:i " .... <- Il: . 0 ~ - - a 18 .' "- N II> I II> ...::'-. ~-;, ~... ~. ....." -~ -" {i,', , tll" f . ~ . , I! ('");A <',': \-.::':J ( '- ,'", li ~ ' 1-:-:1 L r."" ( " t., , ( , -:8 (:) 1t o l.() ~ ..- r:ft cD <3 ;-' "'It .) 3 \<I .3 (j" C'b 3 11 ri- <J ~ '" z' ! ~ ~ ~ ~~ co " " ~ s ~ '" B - ~ ~ ... '" " B co 0 ~ co co ~ ~ ~ ~ '" '" ~ ~ ~ l g ~ ~ .3 1Il.5 ~ " " ~ ~ ~ ~ ~ o :;;':Ii " " V> I . 3. plaintiff has been a bona fide resident in the commonwealth for at least six mont.hs immediately previous to the filing of this Complaint. 4. The plaintiff and Defendant were married on July 25, 1992, in Dauphin county, Pennsylvania. 5. The plaintiff has been advised of the availability of counseling and that. she may have the right t.o request that t.he Court require t.he part.ies to part.icipate in counseling. 6. There have been no prior actions of divorce or for annulment between the parties. 7. The marriage is irretrievably broken. B. The Defendant is not a member of the Armed Services of the United states or any of its allies. 9. The Plaintiff and Defendant are both citizens of the Uni ted States. 10. plaintiff avers that there is one child of the parties under the age of 1B, namely Brittany Haley, born January 12, 1993. WHEREFORE, the Plaintiff prays your Honorable court to ~nter a Decree in Divorce from the bonds of matrimony. QQl]Ji'LI.l 11. Paragraphs one through ten are herebY incorporated by reference herein. ~- (.:: (,. c'"' <r >-, N "":: CI :.~'? ~f' ~~.,- i,-<lie) I""'" ~l:': :~:.~ ~3 ......,., :J~ f-l u_ (\') co .... >- f " {'(f) .till: I J;.': I" Il I"'. , ('.- ::l.1 r;~l '/-':J t:i... !}Jli., " < U. (1' ':.oi (J m U ~ <~ u '" j ol:I ~ R ~ ~ ~ ~~s~G ~J~~~~ .:i .:i ' ~ J ~ ~ C"t.Iit~_ '"~ ...-, . ~ .. - .-' II ~ .. '" ,. .. .. .. .. In In ",1-.. ~ - ,.... I.... . <+:' ':.;' .;+;. <+;. <+:. .;.-;. <+: :.;. <+;, -:+> .;+;. .;+;. <.; .'.;- -:.:, <+: <+: '.: .'"t ~, . . .. -141 . . . . . ~ ~ ~; " ,., ..; , ~: I , .. I ~. , .. .~ :~ ~ ~ :~: ~ ~ .~ '! ~ ~ ~ '! ~ '.' ~ '.' ~ '! ~ '.' '~ 1',1 , J~ are divorced from the bonds of motrlmony "'urthor, tho HO'~lraUon and l>ropert~ .:, ttlement Agreement executed by fhe rHrt.l en m rX,coll\l1nr 21 llJlJll If! incorporated here~tf * or the purpOses of enforcement only but othorwlf!o Atwlt no( 110 nKJrt)lxl into said decr~" ** The court retains jurisdiction of Iho following claims which have :~ been raised of record in this action for whirh u finol older has not yet:~ been entered; ~ , , *J THE COURT OF C()MMC)N IN Ll I I'~' A Co-:;' , ~ ,~" %J ~i ',') ~ II ".J OF CUMBERLAND COUN I'y ~I' " ~) v, ~; ':'i ~l .,,/ ~( '.' ~ ':'( ~) . I ~) ':'1 ~) ~I " ~I' '.' \'~ ~~,. . "N -.. IJM..:..,.. ,1i4... ',/A. I r ",-".(~" _,;.". . "'1 ,''''''L1'\,,) , , ....)41J'_~ "I STATE OF 1'1 ~~NA, MACHELLE HALEY, :\ ii, '111..,11 '1'/ {!/VlI, '/'1':1\11 'HI Plaintif f \'('1',-:11.'; TODD C, HALEY, Defendant ~I "I ~i \' I ~{ ':'i ~I 'i DECREE IN DIVORCE Af!liI l~y ~ 19'11 , il is ordered and AND NOW, ,', ~ Machello Halo\, ...., plaintiff, decreed that ~ w '.' and .~~odd. C '. lIaloy delend{mt, ,', ~ ,. ',' ~ '.' ~ ~, * . . , 1'l9, I!3slj!3s. ~!3l11<lin,. ~ ~ * The r:arties are ordered t.o comply with tho t"I1f1f1 of Hillel ^qrwllllOlIL ~ .' ~ II \' (' Ii III I ,', ~ W '.' ^1I..,t, ~ ~ I ~ -, .,>>> .>>:. .:.:. l'rolhollCllul'V :.~ :.: :+::+: <to', :.:- ':~> -:+;. -:+> ,:.:. <6> .:+:- <+:. ,I ~ , ' :~ ,~ , ' i '. I'"~ I ';~ :* .I. , * ~~ >,", ~ :~ I." .f. ., S.EPARATION ANn~Ql)ER'I'Y SETTLEME!ST AGREEMENT THIS AGREEMENT, made this :.2,~/<\ day of ~'(.'t~l'l1'lc:~y 1998, by and between TODD C. HALEY, (hereinafter referred to as "Husband") and MACHELLE D. HALEY, (hereinafter referred to as "Wife"). W I.!J'.j E S S H T H: WHEREAS, Husband and Wife were lawfully married on July 25, 1992, at Harrisburg, Dauphin County, Pennsylvania; and WHEREAS, the parties are the parents of one (I) minor child, namely, BRITrANY ELIZABETH HALEY, born January 12, 1993; and WHEREAS, certain differences, disputes and difficulties have arisen between the parties as a result of which they intend to live separate and apart for the rest of their natural lives, and are desirous of settling fully and finally their respective financial and property rights and obligations as between each other, including, without limitation by specification: the settling of all claims between them relating to the ownership and equitable distribution of their real and personal property; the settling of all matters between them relating to the past, present and future support, alimony and/or maintenance of Wife hy Husband or of Hushand by Wife; and, in general, the settling of any and all claims and possihle claims by one against the other or against their respective estate. '''~ ' . .' " NOW, THEREFORE, in consideration of the mutual promiscs, covenants and undertakings hereinafter set forth, Husband and Wife each intending to be legally bound and to legally bind their heirs, SUCCf,ssors and assigns hereby covenant, promise and agree as follows: 1. SEPARATI()~ Husband and Wife shall at all times have the right to live separate and apart from each other and to reside from time to time at such place or places as they shall respectively deem fit, free from any control, restraint or inlt:rferenee whatsoever by the other, subject to the further provisions of this Agreement. 2. WARRAN'tY AUO EXISTING AND FUTURE OIlLlGATI'pNS Husband and Wife each warrant that neither has heretofore contracted for any liability for which the other or the estl\te of the other may be responsible, The parties further warrant that each will now and at all times hereafter save harmless and indemnify the other and the estate of the other from all liabilities incurred after the execution date hereof, as well as from all liabilities of each kind which have been incurred heretofore by either party. The parties further warrant that there arc no outstanding obligations, liabilities or debts which were incurred by them jointly during the course of their marriage other than those which are set forth in this Agreement, Husband shall assume sole responsibility for and pay the Sears account in his name and Wife shall be solely responsible for and pay the Scars account in her name. .2. . - 3, DIVISION OF l'ERS01.iAL PROPERTY The parties have divided their separate and marital personal property to their mutual satisfaction, Each of them shall own, independent of any claim or right of the other, all items of tangible personal property each now has in his or her possession except as otherwise provided herein, Husband hereby transfers to Wife, all of his right, title and interest, if any he has, in and to the Chevrolet Lumina, and Husband hereby rele.1ses and relinquishes all claims and demands as to the said vehicle. In addition, Wife shall retain as her sole and separate property any and all savings, checking, credit union or similar accollnts in her name, any retirement or pension benefits, and any policies of life insurance of which she is the owner. Wife hereby transfers to Husband, all of her right, title and interest, if any she has, in and to the 1988 Chevrolet Blazer, and Wife hereby rele.1ses and relinquishes all claims and demands as to the said vehicle. Husband shall be solely responsible for the loan from Mid-Penn Bank which was incurred for the purchase of said vehicle and shall indemnify and hold Wife harmless from any and all liability which may be occasioned by Husband's default on said loan, Wife shall return to Husband immediately lIpon execution of this Agreement, all of the jewelry which was purchased and given to her as gifts. .3. " now or hereafter have against the other for equitable distribution of marital property, spousal support, alimony, alimony pendente lite and counsel fees, Each party shall indemnify, defend and hold the other harmless against any future action for equitable distribution of marital property, spousal support, alimony, alimony pendente lite or ,'ounsel fees, Husband and Wife acknowledge that Wife has instituted a no-fault action in divorce against Husband docketed to No. 98-1197 in the Court of Common PIc,1s of Cumberland County, Pennsylvania. Wife shall proceed with the said divorce action and the parties shall execute an A ffidavlt of Consent and Waiver of Notice of Intention to Request Entry of Divorce Decree and any other documents necessary to conclude the divorce as promptly as possible, 7, CHILD CUSTODY Husband and Wife acknowledge that an Order of Custody with respect to their minor child, Brittany Elizabeth Haley, born January 12, 1993, has been entered to No, 98-1988, in the Court of Common Pleas of Cumberland County, Pennsylvania, The parties hereby agree that said Order of Court shali remain in full force and effeet and shall not be affectt'.d by this Agreement. 8, CHILD SUJ'POR1: Husband and Wi fe hereby acknowledge that an Order of Support for their one minor child, Brittany Elizabeth Haley, has been entered to No, 341 S 1998, in the Domestic " .5. ~ '" " Relations Section of Cumberland County, Pennsylvania. The parties agree that said Order of Coui'! shall not be affected by any of the provisions of this Agreement. 9, DATE OF EXEClLTION The "date of execution" or "execution date" of this Agreement shall be defined as the date upon which it is executed by the parties if they have c.1ch executed the Agreement on the same date. Otherwise, the "date of execution" or "execution date" of this Agreement shall be defined as the date of execution by the party last executing this Agreement. 10. ADVJCE OF COUNSEL The provisions of this Agreement and their legal effect have been fully explained to the parties by their respective counsel, Paul ], Esposito, Esquire, for Husband, and Lori K. Serratelli, Esquire, for Wife, The parties acknowledge that each has received independent legal advice from counsel of their selection and that they have been fully informed as to their legal rights and obligations, including all rights available to them under the Pennsylvania Divorce Code of 1980, as amended, and other applicable laws. Each party confirms that he or she fully understands the terms, conditions and provisions of this Agreement and believes them to be fair, just, adequate and reasonable under the existing eirc.umstances. The parties further confirm that eacll is entering into this Agreement freely and voluntarily and that the execution of this Agreement is not the result of any duress, undue innuence, collusion or improper or illegal agreement or agreements, The parties further acknowledge that they have had the unfettered -6- ~ opportunity to have full and fail' disclosure of the assets, liabilities and income of the other and waive and relinquish any right he or she may have for any additional disclosure, 11. AGREEMl~NT TO I1E.lli.CQRI)~t\.TED IN,DlVORCE DECREE The parties hereby agree that the terms of this Agreement may be incorporated into any divorce decree which may be entered with respect to them, however, this Agreement shall not be deemed merged into such judgment or decree. This Agrccment shall survive any such final jUdgment 01' decree of divorce, shall be entirely independent thereof, and the parties intend that all obligations contained herein shall retain their contractual nature in any enforcement proceedings, 12. M1[TUAL RELEASES Except. as otherwise expressly provided by this Agreement: A. Each party hereby absolutely and unconditionally releases and forever discharges the other and his or her heirs, executors, administrators, assigns, property and estate from any and all rights, claims, demands or obligations arising out of or by virtue of the marital relationship of the parties or otherwise, whether now existing or hel'carter arising, The above release shall be effective regardless of whether such claims arise out of any former or future acts, contracts, engagements or liabilities of the other or by way of dower, curtesy, widow's rights, family exemption or similar allowance, or under the intestate laws, or the right to take against the spOUSt~'S will, or the right to treat a lifetime conveyance hy the other as testamentary, or all other -7- rights ofa surviving spouse to participate in a deceascd spouse's estate, whether arising under the laws of Pennsylvania, any state, commonwealth or territory of the United Slates, or any other country. B. Except for any cause of action for divorce which either party may have or claim to have, and cxcept for the obligations of the parties contained in this Agreement as such rights as arc expressly reserved herein, C<1ch party gives to the other by the execution of this Agreement an absolute and unconditional release and discharge from all causes of action, claims, rights or demands whatsoever, in law or in equity, which either party ever had or now has against the other. 13, WAIVER OR MODIFICATION TO BE IN WRITING. No modification or waiver of any of the terms of this Agreement shall be valid unless in writing and signed by both parties. 14, NO WAIVER OF QEF'AULT 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, 15. J-,AW 01' I)ENNSYLVANIA--ArI'LICA8U~ This Agrccment shall be construed in accordance with the laws of the Commonwealth of Pennsylvania. -8-