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HomeMy WebLinkAbout98-01496 " .... " " -Q Q;: III > III 2.-"\....... .' . --,' J. \ / () (. ... \~ ...... . . .' .":) ... ~ .~ KAREN S, CULLINOS, Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW v, NO, 98-1496 CIVIL RONALD L, ABERS, Defendant IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER 8330UC) OF THE DIVORCE CODE n In 0 r: ~) '1' '- ..-.1 ~T1 :-.. ::-~ ::~ :n fl, . :".: . 1- ,--, r-> ....,(1J (" '. \L) .J S ,', , , '1" .. "0 ' -'J '-., : '.- .. .~(c) " r l I :.., ;.,3 C"l 1 ."'"r.; ., ,;" "'j :=> ~i; -. en =< 1. I consent to the entry ofa final decree of divorce without notice, 2. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses ifI 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 veritY 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.A. ~4904 relating to unsworn fal~ification to authorities. Date: By: KAREN S, CULLINGS, Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW : NO. 98-1496 CIVIL 0 ,n () ::.:.J -r\ c- ..\ "'-, c: 'ih? -()- 1,',< ~ '\ ,- ., t9 ,'. I I~> '<1) ( t~ '-., '1) ;~J l "1 II ", .." "L.,.- , '- .... ,~;() '. i" ~ .- '(:--,rn .... , -. t,) ~, , '-:-. .- -T'. ~ ::> :.q eJl .<., v. RONALD L, ABERS, Defendant : IN DIVORCE AFFIDA VIT OF CONSENT 1. A Complaint in Divorce under ~3301(c) of the Divorce Code was filed on March 18, 1998, 2. The marriage ofPlainliffand 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 ofa final decree of divorce after service of notice of intention to request entry of the decree. I veritY that the staternents 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.A. ~4904 relating to unsworn falsification to authorities. Date: k ~1 1918 () By.&(ik_ 'f~ '~::" Lh l'~y, ' IV.i:~ '...,1,". '~?-:'; ... ';[i, \~:;~ '.".' ,l.:'" ~J."'; :~ }R:'~- ~(;:Y.: ,..~.. . iT. 1./') f.; ..... C .(- I:=: .. ::>.,,: t.'.IQ ..:J ,.") =.:~ C.)...- - ':.J ::~ fECI u.. (:\~ ...:1_ 0'.', :~: 0; ~~ 0 :~l~~ r. ..c-.... CY- ~1JW 0.:1.1.1 ...:L l1.1o.. F ..,- :::: U- n':) ::J 0 C1' U p J ,,' ....--...~ ,...._ t:,..... I .r...t...~,. ......l ':<<0':...' .:c-q...".,.>--.:.:..:c..~""'<<<-:":C-: ,*"",:c. .:c. .:.:. .:c. .:.:. .:+>' .:+> .:+:. ':.:":-~":.:':":+:':;''':'::':.>~:'':.> .'1(+:' :.:+)\' .,:c,c<c-:~ 8 .. -- I~ ~ ~ ~ IN THE COURT OF COMMON PLEAS ~ ~ OF CUMBERLAND COUNTY ~ ~ ~ ~ y ~' ~ ~ ~ ~ STATE OF ~ PENNA. ~ . '~~~ '. ~ $ ~ ~ ~ KAREN S. CULLINGS, I " ~ ::::.::,:::::::::::::::::::::::H:',H,::~i,~i~~;~~,,::::::::::::::::..:: N (), ..?~.~~~.?..~... ..~,~y..~~. : .. II ~ e VCl'SlIS 1,.1 ~ " . R ~ ::::~o.~~~n.,::><~~~~'~~~~~~'~~;':'....H'::::''':' II ~ ~ M ~ ~ ~ ~ ~ DECREE IN ~ ~ :; ~ D I V 0 R C E ~ J:;27/.1I1 : ~ AND NOW, .. . ..;T 0'0.. .t. .. .. .. .. ... 19 r,~.. ., it is ordered and ~ ~ w '" decreed that.........,... .~~.~ .9:, .ql!~J..I.~q9.,.."........., plaintiff, :~ ~ ~ ~,".: and.... . .. .. .. .. .RQ~t.l..Il.L,. A~eR.s.. . .. . .. .. .. .. .. .. ... .. .. ., defendant, a ~:; ~ are divorced from the bonds of matrimony, The tenns of the Marriage ~ 8 Settlenxmt Agreenxmt entered into by the parties on June 2, 1998, are ::i ~ incOl:POJ:ated hefein,. . 'd' t' f th f II ' I' h' h h ~ ~ - me cour retains IUrlS IC Ion 0 e 0 oWing calms W IC ave ,', ~ been raised of record in this action for which a final order has not yet ~ .' ~ ~ been entered; ~ ^ ~ ~ . . . . . . . . . . . . . . . . . .~C?~7. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . , ~ ~ !:i ~ ~ ,'. ~ ~ .'~ ~ ~ ? ill, ~ ,0, ~ iii __ ___ _ ._.__~.~______~, ~ ~...>.<<-..-...:- -r.:' .:..> -w.. -:.:. .:..:. ':.:' <.:. .:.> .:.:. ':.:. .:.> .:.:. .:.:. .:.:. ::.:. .:.:. .:.:. .:.:. .:.:. .:.:. ':0:' ':.:. .:.:. .:.:. .:.:. .:.:. .:.:.. .. ...... .... ........ ...... ...... .... ............ ...... ... $ ~ ~.' Oy ~ ,', ~ .... ......... .... ..... .......... ..'.. ... . .-. .. ........ ... .... . ....... Att;::;..:.tr:~~, .." ..<: t/ t/ Prothonotary ~ s ~ ~, ~ 1 whatsoever, unenforceable in whole or in p1l11, Husband and Wife each do hereby warrant, covenant and agree that, in any possible event, he and she are and shall forever be estopped from asserting any illegality or unenforceability as to all or any part of this Agreement. B. ' ENTRY AS PART OF DECREE -It is the intention of the parties that the Agreement shall survive any action for divorce which may be instituted or prosecuted by either party and no order, judgment or decree of divorce, temporary, final or permanent, shall affect or modifY the financial terms of this' Agreement. This Agreement shall be incorporated in but shall not merge into any such judgment or decree of final divorce, but shall be incorporated for the purposes of enforcement only, C. MUTUAL CONSENT DIVORCE - The parties agree and acknowledge that their marriage is irretrievably broken, that they do not desire marital counseling, and that they both consent to the entry ofa decree in divorce pursuant to 23 Pa,C.S.A. Section 3301(c). Accordingly, both parties agree to forthwith execute such consents, affidavits, or other documents and to direct their respective attorneys to forthwith file such consents, affidavits, or other documents as may be necessary to promptly proceed to obtain a divorce pursuant to said 23 Pa,C.S.A. Section 3301(c). Upon request, to the extent permitted by law and the applicable Rules of Civil Procedure, the named defendant in such divorce action shall execute any waivers of notice or other waivers necessary to expedite such divorce. 4 -! .- 9, DISPOSITION OF PROPERTY From and after the date of the signing of this Agreement, both parties shall have complete freedom of disposition as to his/her separate property and any property which is in their possession or control pursuant to this Agreement and may mortgage, sell, grant, conveyor otherwise encumber or dispose of such property, whether real or personal, whether such property was acquired before, during or after marriage, and neither Husband nor Wife need join in, consent to, or acknowledge any deed, mortgage, or other instrument of the other pertaining to such disposition of property, 10. DIVISION OF REAL PROPERTY Husband !lJld Wife hereby agree and acknowledge that they own certain real property located at 364 North 24th Street, Camp Hill, Pennsylvania, as tenants by the entireties, Husband hereby agrees to convey all his right, title and interest in said property to Wife. Husband agrees to execute a deed or other instrument of conveyancing necessary to effectuate this transfer at the time of the execution of this document. The parties acknowledge that there is an existing mortgage against this property. Wife shall assume total liability for the mortgage and shall hold Husband harmless and indemnitY him from liability for this pbligation and other obligations arising from this property. Any and all proceeds realized from the sale of this residence shall be the sole and separate property of Wife. 6 r, ~ The parties believe and agree, and have been so advised by their respcctive attorneys, that the division of property heretofore mnde by this Agrecmcnt is a non-taxable division of property between co-owners rnther than a taxable sale or exchange of such property. Each party promises not to take any position with respect to, the ndjusted basis of the property assigned to him or her or with respect to any other issue which is inconsistent with the position set forth in the preceding sentence on his or her fed~ral or state income tax returns. The parties have heretofore filed joint federal and state tax returns, Both parties agree that in the event any deficiency in federal, state or local income tax is proposed, or any assessment of any such tax is made against either of them, each will indemnitY and hold harmless the other from and .. against any loss or liability for any such tax deficiency or assessment and any interest, penalty and expense incurred in connection therewith. Such tax, interest, penalty or expense shall be paid solely and entirely by the individual who is finally detemlined to be the cause of the misrepresentations or failures to disclose the nature and extent of his or her separate income on the aforesaid joint returns. 16, CHILD A. CUSTODY AND VISITATION - The parties shall share legal and physical custody of the child bom of this marriage. The child shall reside with her Mother. Wife shall provide Husband with infomlation concerning her health, education and welfare on a regular basis and shall encourage 9 -, I. BINDING EFFECT - Except as otherwise stated herein, this Agrcement shall be binding and shall inure to the benefit of thc parties hcreto and their respective heirs, executors, administrators, successors, and assigns. J, NO WAIVER OF DEFAULT - This Agreement shall remain in full force and effect unless and until terminated under and pursuant to the temlS of this Agreement. The failure of either party to insist upon strict perfomlance 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 breach of any provision hereofbe construed as a waiver of any subsequent default of the same or similar nature, nor shall it be construed as a waiver of strict perfomlance of any other obligations herein. K. HEADINGS NOT PART OF AGREEMENT - Any heading preceding the text of the several paragraphs and subparagraphs hereof are inserted solely for convenience or reference and shall not constitute a part of this Agreement nor shall they affect its meaning, construction, or effect. L. ADDRESS OF PARTIES - Each party shall at all times keep the other infomled of his or her place of residence, and shall promptly notifY the other of any change, giving the address of the new place of residence until all obligations under this agreement have been satisfied. M. WAIVER OF CLAIMS AGAINST ESTATES - Exccpt as herein otherwise provided, each party may dispose of his or her property in any way, and each party hereby waives and relinquishes any and all rights he or she may have or hereafter acquire, under the present or future laws of Pennsylvania or another jurisdiction, to share in the property or the estate of the other as a 15