HomeMy WebLinkAbout98-01666
~I
""'I
11
II
i
,
!
~ I
i
I
t\.
It
\
,
I
,
,
J
~'~-
I
~ i
.,~!
-
.
~
JI
"'"'I
~I
...~ j
-j
I
00
IS.
.
Q
'<.
I
limitation by specification: the settling of all matters between
them relating to the ownership and equitable distribution of 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 by HUSBAND or of HUSBAND by WIFE; and in
general, the set tl ing of any and all claims and possible claims by
one against the other or against their respective estates.
NOW, THEREFORE, in consideration of the premises and 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, WIFE and HUSBAND, each
follows:
intending to be legally bound hereby, covenant and agree as
1. INCORPORA'rION-OE-PREAMBI&l.
The recitals set forth in the Preamble of this Agreement
are incorporated herein and made a part hereof as if fully set
forth in the body of the Agreement.
2. AGREEMENT NOT A.BAR-TQ DIVORCE PROCEEDI~
This Agreement shall not be considered to affect or bar
the right of HUSBAND and WIFE to an absolute divorce on lawful
grounds if such grounds now exist or shall hereafter exist or
to such defense as may be available to either party.
This
Agreement is not intended to condone and shall not be deemed
to be condonation on the part of either party hereto of any
act or acts on the part of the other party which have
occasioned the disputes or' unhappy di ffarences which have
occurred or may occur subsequent to the date hereof.
DIANe G, RADCLIFF
3448 TRINDlE ROAD
CAMP Hill. PA 17011
(7171717.0100
Page 2 of 26
,".
3 . D..t'lQRCILDJl:CRll:E.l
The
parties
aCknowledge
that
their marriage
in"etrievably Lroken and that they will secure a mutual
COllsent no- faul t divorce decree in the above capti,oned divorce
action. As Soon as possible under the terms of said Divorce
Code, the parties shall execute and file all documents and
papers, including aff'ldavits of consent, necessary to finalize
said divorce.
If either party fails or refuses to finalize
said divorce or execute and file the documents necessary to
finalize the divorce, said failure or refusal shall be
considered a material breach of this Agreement and shall
entitle the other party at his or her option to terminate this
Agreement.
4. Jl:~~~_DZVORCE DECR~L
Unless otherwise specifically provided herein, this
Agreement shall continue in full force and effect after such
time as a final Decree in Divorce may be entered with respect
to the p<lrties.
5. AGREEMEI~'I'_'rQ-B.lLINCORPORATED IN...Jll.'iQRCE DECIUm..t
The terms of this Agreement shall be incorporated into
any Divorce Decree which may be entered with respect to them.
6. NON-MERGER,
This Agreement shall not merge with the Divorce Decree,
but rather, it continues to have independent contractual
significance and each party maintains their contractual
remedies as well as court remedies as the result of the
aforesaid incorporation or as otherwise provided by law or
statute.
DIANE G, RADCLIFF
3448 TRINDLE ROAD
CAMP HILL. PA 17011
(7171 737-0100
Page 3 of 26
is
DIANE Q, RADCLIFF
3448 TRINDLE ROAD
CAMP HILL, PA 17011
(717) 737.0100
7 . DA'l'ILQli'_.EX.&lCllT1QN 1
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.
8. DISTRIBUT1.DlLDATh
The transfer of property, funds and/or documents provided
for herein shall only take place on the "distribution date"
which shall be defined as the date of executJ.on of this
Agreement unless otherwise specified herein.
9. ~XJl:c.U'1'I.OH...ANlLEAIRNl!:SS._~GREEMEN'l'1.
Each party acknowledges that this Agreement has been
entered into of his or her own volition, with full knowledge
of the facts and full disclosure of their separate and joint
estates, and that each believes this Agreement to be
reasonable
under
the
circumstances.
Further,
WIFE
acknowledges that she has been advised of her right to be
advised by an attorney of her own choosing prior to entering
into this Agreement and that she voluntarily has decided not
to retain such counsel, and further acknowledges that WIFE
accepts said Agreement and that said acceptance is not based
on any advice or representation made by HUSBAND'S counsel,
Diane G. Radcliff, Esquire, nor has any such advice and/or
representation been given to WIFE by said counsel.
10. FIN~IALLDISCLOSUREI
The parties confirm that each has relied on the
substantial accuracy of the financial disclosure of the other,
as an inducement to the execution of this Agreement and each
party acknowledges that there has been a full and fair
Page 4 of 26
DIANE G, RADCLIFF
3448 TRINDLE ROAD
. CAMP HilL, PA 17011
(717) 737-0100
disclosure of the parties I marital assets which has been
provided to each party.
11. DZSCLOat1RE...AND...,WAI'lER,QF PROCED.URAL....RI.lJJfl'a,t
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 it adequately provides for his or her
needs and is in his or her best interests, and that the
Agreement is not the resul t of any fraud, duress, or undue
influence exercised by either party upon the other or by any
other person or persons upon either party.
Given said understanding and acknowledgment, both parties
hereby waive the following procedural rights:
a. The right to obtain an inventory and appraisement of all
marital and separate 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.
Page 5 of 26
DIANE Q, RADCLIFF
3448 TRINDLE ROAD
CAMP HILL. PA 17011
17171737.0100
c.
The right to have any discovery as may be permitt.ed by
the Rules of Civil Procedure.
The right to have the court determine which property :1.S
marital and which is non-marital, and equitably
d.
distribute between the parties that property which the
court determines to be marital.
e. The right to have the court dec ide any other rights,
remedies, privileges, or obligations covered by this
Agreement, including, but not limited to, possible claims
for divorce, spousal support, alimony, alimony pendente
1 i te (temporary alimony), and counsel fees, costs and
expenses.
12 . 1'ERS.OHAL..._PROPJl:RTYl
HUSBAND and WIFE do hereby acknowledge that they have
previously divided their tangible personal property including,
but
without
I imitation,
jewelry,
clothes,
furni tur'e,
furnishings,
household
and
rugs,
carpets,
equipment
appliances, tools, pictures, books, works of art and other
personal property and hereafter WIFE agrees that all of the
property in the possession of HUSBAND shall be the sole and
separate pr'operty of HUSBAND; and HUSBAND agrees that all of
the property in the possession of WIFE shall be the sole and
separate property of WIFE. The pi"rties do hereby specifically
waive, release, renounce and forever abandon whatever claims,
if any, he or she may have with respect to the above items
which shall become the sole and separate property of the
other.
Page 6 of 26
DIANE G, RADCLIFF
3448 TRINDLE ROAD
CAMP HILL. PA 17011
(7171737-0100
13. AF,TJl:R.-ACQUIRIilDnI'ROPERTYt
Each of the part ies shall hereafter own and enj oy,
independently of any claim or right of the other, all
property, tangible or intangible, real, personal or mixed,
acqui red by him or her, since February 7, 1998, the date of
the parties' marital separation, 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 and each party hereby wa~ves, releases, renounces
and forever abandons any right, title, interest and claim irl
and to said after acquired propercy of the other par"ty
pursuant to the terms of this paragraph.
14. Dll'ISIOlLOE...JlJl:Hl.CLES-,-
With respect to the vehicles owned by one or both of the
parties, they agree as follows:
a. 1994 Ford Aero Star Van shall be the sole and excl usi ve
property of WIFE.
b. 1985 Ford Bronco shall be the sole and exclusive property
of HUSBAND.
Keys for the vehicles shall be delivered to the party.
entitles to the vehicle hereunder upon the signing .of this
Agreement. The ti tIes to said vehicles shall be executed by
the parties, if appropriate, for effectuating tra~sfer as
herein provided on the date of execution of thill A~reement and
said executed titles shall be delivered to
the proper party on
this Paragraph the
the distribut ion date.
For purposes of
term "title" shall be deemed to include "power of attorney" if
the title to the vehicle is unavailable due to financing
Page 7 of ~6
DIANE G, RADCLIFF
3448 TRINDLE ROAD
CAMP HILL. PA 17011
(717) 737-0100
'~'
arrangements or otherwise.
In th(, 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
1 ien and/or encumbrance and shall be solely responsible
therefor and said party further agrees to indemnify, protect
and save the other party harmlesrJ from said lien or
encumbrance.
That party shall further be required to
refinance any such obligation on the vehicle he or she is to
receive if such obligation is a joint obligation of the
part ies so as to remove the other party from any and all
further liability thereunder.
Said refinancing shall be
accomplished within ninety (90) days of the date of this
Agreement.
Each of the part ies hereto does specif ically
waive, release, renounce and forever abandon whatever right,
title and interest they may have in the vehicles that shall
become the sole and separate property of the other pursuant to
the terms of this Paragraph.
15 . Ill'lZSI.ON-OF.. REAL .Jl:S'l'AUI
The parties are the owners as tenants by the entireties
of a certain tract of improved real estate known and numbered
as 7376 Wertzville Road, Carlisle, Pennsylvania ("the Real
Estate") .
The Real Estate haD an approximate value of
$130,000.00 and is currently subject to a mortgage with Fulton
Bank having an approximate balance of $50,000.00 ("the
Mortgage"). With respect to the Real Estate and the Mortgage,
the parties agree as follows:
a. WIFE shall make, execute and deliver all documents in the
usual form conveying, transferring and granting to
Page 8 of 26
(I
\"
) -
r/
a
HUSBAND all of her right, title and interest. in and to
the Real Estate, and agrees that except as hereaft.er set
forth WIFE specifically waives, releases, renounces and
forever abandons all her right, ti tle and interest
therein.
b. 'J'he said conveyance shall be free of all 1 iens and
encumbrances except the lien of the Mortgage and shall be
under and subject to any covenant and restrictions of
record. HUSBAND shall hereinafter be solely responsible
for the payment of the Mortgage and shall ;lndemnj fy,
protect and save WIFE harmless therefrom. The foregoing
notwithstanding, HUSBAND shall be required to refinance
or legally assume (without recourse against WIFE) the
Mortgage within ninety (90) days of the date of this
Agreement so as to release WIFE from any and all further
liability thereunder.
c. I~IFE shall execute the conveyancing deed concurrently
with her execution of this agreement. Said deed shall be
delivered to Diane G. Radcliff, Esquire who shall hold
the same in escrow pending HUSBAND'S payment of the
$17,000.00 due WIFE and refinance or legal assumption of
the Mortgage as herein provided. Upon completion of said
ref inancing/ assumpt ion and payment, the escrow agent,
Diane G. RadclIff, Esquire, shall release the deed from
escrow and shall forthwith record the same on behalf of
HUSBAND in the Off ice of the Recorder of Deed in and for
Cumberland County, Pennsylvania.
DIANE G. RADCLIFF
3448 TRINDLE ROAD
CAMP HILL. PA 17011
(7171737.0100
Page 9 of 26
~,
d.
Wi thin ninety (90) days of the date of this AgreBmunt
HUSBAND shall pay WIFE the sum of $17,000.00 for hot
interests in the Real Estate and for the pel.'ilOllitlly
HUSBAND is retaining that was purchaned from II\Ollh'f1
received by WIFE from an inheritance from her moth"I.'.
e. In the event HUSBAND dies before the part IE!S' YUllllql'f11
child, Stephanie, reaches age 22 or gracluaLcfI tJull\
college, whichever shall first occur, the tea] Ollldl ,.
shall then be transferred to the parties' ChJ.Idto/l, ,III
Trust pursuant to a limited time period irn'v'J{',d>l.,'
testamentary trust to be executed by HUSBAND wi lid II
thirty (30) days of the date of this AgreemeuL, wlthOll1
regard or consideration for HUSBAND'S marital fJtatufI at
the time of his death. Said testamentary trust transfer
shall include the fOllowing terms and conditions:
1. When the parties' child, Stephanie, reaches age 22
or graduates from college, whichever shall first
Occur, the real estate shall be sold and the
proceeds divided equally between the Children.
2. If one of the Children dies before reaching age 22,
that child's interest shall pass to the remaining
child subject to the trust, if then applicable,
f. In the event HUSBAND should faU to eXElCLlte II
testamentary trust before his death in accordanco wi th
the requirements of SUbparagraph e. above, the provillionM
of SUbparagraph e. shall be legally binc1in<;1 \/pon the
estate of HUSBAND, his personal t'epreEumtatJvl'ta, h"'ina,
SUccessors and assigns the same ar,l If the pl'ovldonl1 of
DIANE G, RADCLIFF
3448 TRINDLE ROAD
CAMP HILL. PA 17011
17171737.0100
Page 10 of 26
t\j
/.'
,L'
, r1
I
I
I
r;
subparagraph f. had been included in a testamentary trLlst
duly executed by HUSBAND.
g. Once the parties youngest child, Stephanie, reaches age
22 or graduates from college, whichever shall first occur
and provided that HUSBAND is then 1 i ving, the real
estate shall be HUSBAND's sole and separate property
without restriction or condition, and without requirement
to transfer the same to the Children pursuant to any
testamentary trust.
h. In the event HUSBAND shall sell the Real Estate before
the parties' youngest child graduates from high school,
the proceeds derived from said sale shall be divided into
two shares. The first share, which shall be distributed
to HUSBAND, shall be for an amount equal to the sum of
50% of the net proceeds plus the mortgage payments made
by HUSBAND subsequent to the signing of this Agreement
plus the $17,000.00 to be paid to WIFE pursuant to the
terms hereof, if said payment had been made to WIFE prior
to the date of sale of the Real Estate. The second share
which shall be distributed to WIFE shall be in an amount
equal to the difference between 50% of the net proceeds
minus the amount of all mortgage payments made by HUSBAND
subsequent to the signing of this Agreement minus the
$17,0000.00 payment to be paid to WIFE pursuant to the
terms hereof if said payment had been made to Wife prior
to the date of sale of the Real Estate.
DIANE G. RADCLIFF
3448 TRINDLE R::lAD
CAMP HILL, PA 17011
(7171737-0100
Page 11 of 26
DIANE G, RADCLIFF
3440 TRINDLE ROAD
CAMP HILL, PA 17011
(717) 737.0100
i. Once the parties youngest child, Stephllldo, (Jrnd\lIlI"1I
from high school, the real tlFJtate nlwll bu Illlfll'I^NII'1I
sole and separate property wi thout J'eq\1.i rfllnonl Iu d 1'/1 d"
the proceeds received from the Elaln Ihuronl 1'\11111111111 Ln
the preceding subparagraph.
16. EACH PARTY RETAINS QmLP.Jl:NSI,QILPLANSI
Each of the parties does npec if I cII11 Y Will vo, 1',,1 ('illl<' ,
renounce and forever abandon all of Iholl' r1qh\, tlLle.,
interest or claim, whatever it may bu, III ilny I'UIIII lUll 1'1 illl,
Retirement Plan, Profit Sharing Plan, 401, K 1'1,'111, K(loqh Phil,
Stock Plan, Tax Deferred Savingn 1.'1,111 ,11\(,\/01.' <'lilY olllploy"'('
benefit plan of the other party, whetlwl' i\(,el'd n"t I hlo\lqh Iwid
party's employment or otherwisp., and Ilfln",l't"1' fl"leI I.'mwion
Plan, Retirement Plan, Savings Plall, 'IOilx \),ofPITlid H.wlnqfJ plall
and/or any employee benefit plan shall bcoC'olllo thu nole and
separate property of the party in which nllllle or through whose
employment said plan is carded.
With J'ospect to the
foregoing it is acknowledged and agreed that noither part.y had
any interest in any of the afOl:'cllIt,nt.loned retiremont type
plans which would be subject to equitabllJ diEltrlbution bet.ween
the parties.
17. DIVISION QF_I3.AN1LACC.OllNTSISTOCKILIFJl:pINSURANCII
The parties acknowledge and agree that they have
previously divided to their mutual rmti.nfaction all of their
bank accounts, certificates of deposit, IRA accounts, bonds,
shares of stock, investment: planfJ and life insllranc:e cash
value and hereafter W1FE agrees that all Elaid bank accounts,
certificates of deposit, IIlA accounts, banda, shares of stock,
Page 12 of 26
DIANE G, RADCLIFF
3448 TRINDLE ROAD
CAMP HILL, PA 17011
1717) 737-0100
investment plans and life insurance cash value in the
possession of HUSBAND shall become the sole and separate
property of HUSBAND; and HUSBAND agrees that all the said
bank accounts, certificates of deposit, IRA accounts, bonds,
shares of stock, investment plans and life insurance cash
value in the possession of WIFE shall become the sole and
separate pr.operty of WIFE.
Each of the parties does
specifically waive, release, renounce and forever abandon
whatever right, title, interest or claim, he or she may have
in any bank account, certificates of deposit, IRA accounts,
bonds, shares of stock, investment plans and life insurance
cash value that is to become the sole and separate property of
the other pursuant to the terms hereof. With respect to the
foregoing it is acknowledged that prior to the parties
separation, the parties maintained a checking and savings
accounts with member's l't Federal Credit Union, which on the
separation date had only minimal balances and that HUSBAND
removed WIFE"S name from said accounts subsequent to the date
of separation.
Other than the said accounts, it is
acknowledged and agreed that neither party had any interest in
any accounts, stock or the like that wold be subj ect to
equitable distribution between the parties.
18. WAIYER OF HUSBAND' S BUSINESS ...IN'l'i.RES'r.S:
WIFE hereby waives, releases, renounces and forever
abandons any right, title, interest and claim, if any she may
have, in and to HUSBAND'S interest and stock ownership in
Findley Construction.
It is acknowledged that HUSBAND is a
minority stockholder of 16.66% of the stock and that as such
Page 13 of 26
,i,
(
t
" .'\
~
DIANE 0, RADCLIFF
3448 TRINDLE ROAD
CAMP HILL, PA 17011
(717) 737-0100
his .interest is not capable of an arms length sale and
therefore has little or no value other than an mechanism for
husband to earn a living.
Wife therefore agrees to said
waiver without specifically knowing the value of that
interests.
19 . WAIVEIt,..QF_,.INHElU.TANCJl:.1.
Each of the parties hereto does specifically waive,
release, renounce and forever abandon any right, title,
intel'est and claim, if any, ei ther party may have in and to
any inheritance of any k.ind or nature whatsoever previously or'
in the future received by the other party.
20. NIFE'S DEBT~
WIFB represents and warrants to HUSBAND that since the
parties' marital separation she has not contracted or .incurred
any debt or liability for which HUSBAND or his estate might be
responsible and WIFE further represents and warrants to
HUSBAND that she will not contract or incur any debt or
liability after the execution of this Agreement, for which
HUSBAND or his estate might be responsible.
WIFE shall
indemnify and save HUSBAND harmless fram any and all claims or
demands made against him by reason of debts or obl igat ions
incurred by her.
21. HUSBAND'S DEBTS.
HUSBAND represents and warrants to WIFE that s.ince the
parties I marital separation he has not contracted or incurred
any debt or liability for which WIFE or her estate might be
responsible and HUSBAND further represents and warrants to
WIFE that he will not contract or incur any debt or liability
Page 14 of 26
DIANE G. RADCLIFF
3448 TRINDLE ROAD
CAMP HILL, PA 17011
17171737-0100
after the execut ion of this Agreement, fo!:: whiGh WI[i'IJ~ Ot' hol'
estate might be responsible. HLJSBAND ~lhall indElnlni fy and 13i1V(e
~IIFE harmless from any ,wd all claims ot' demands made a9clin8t
her by reason of debts or obligations incurred by him.
22. MARITAL .DJl:IlTJ..
During the course of the marriage, HUSBAND and WI "'E; have
incurred certain bill sand obligat ions and have amafJSed a
variety of debts,
and it is hereby agreed, without
ascertaining for what purpose and to whose use each of the
bills were incurred, the parties agree as follows:
a. WIFE shall be solely responsible for the following bUls
and debts:
1. Providian Bank Visa Account held in WIFE'S sole
name.
2. AT&T Master Card Account previously held in the
parties' j oint names but now held in ~IIFE' S sole
name.
3. Any other credit card accounts, loans or other
obligations in WIFE'S sole name or incurred by her.
b. HUSBAND shall be solely responsible for the following
bills and debts:
1. Member's 1" Visa Account held in the parties' joint
names but to be canceled and transferred into the
sole name of HUSBAND.
2. Any other credit card accounts, loans or other
obligations in HUSBAND'S sole name or incurred by
him.
Page 15 of 26
Each party agrees to hold the other hannless Er'om any and
all liabUity which may arise [r'om the aforefJaid bills which
pursuant to the termA herdn are not: the re,spollFJibility of the
other party. Any joint debt shilll be canceled E10 that neither:
party can make any flu.ther char:gen then"under alld if said
charges are made in violation of thio Aqreolllenl' than the par't:y
incurring said charge shall i~nediately repay the same.
Any liability not disclosed ill thin agreelnent shall be
the sole responsibility of the party who has incurred or may
hereafter incur it, and the party incurring or having incurred
said debt shall pay it as it becomes due and payable. From
the date of this Agreement, each party shall only use those
credit card accounts or incur such further obligations for
which that party is individually and solely liable and the
parties shall cooperate in cloaing any remaining accounts
which provide for joint liability.
23 . BANKRU2.T.CY :
The parties hereby agree that the provisions of this
Agreement shall not be dischargeable in bankruptcy and
expr'essly agree to reaffirm any and all obligations contained
herein.
In the event a party files such bankruptcy and
pursuant thereto 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 I marital assets and all other rights determined by
this Agreement shall be subject to court determination the
same as if this Agreement had never been entered into.
DIANE G, RADCLIFF
3448 TRINDLE ROAD
CAMP HilL. PA 17011
17171737-0100
Page 16 of 26
26. E;rNflL EQ\lITflBLE D1.l!TR1:BU'tlON OF PR.Oi'~
Tho paode' Wee ",,' ,he d[veaion of all poop"CV ,e'
fo<ch in "hi' Ag<,emen' " equleahle and in 'he even' an
aeiion in divooee i' eommeneed, bo'h pao'iO' oelingui'h ,he
o1gh' '0 divide ,aid poo,eM in any "nnM no' eon,i,ten'
wi'h 'he 'eoms ,e' foo'h heoein, " [, fuo'heo 'he in' en' ,
undeo"anding and agoe,meni nf ,he pao'i'" ,ha' ,hi, AgOeeroen'
i' a full, final, eomple,e and equi,able poope,'Y divi,ion.
The p"ilea ,gooe 'ha' ,ubjoci '0 eI,e ,ule< ao'
,ogula'ion, of ,he soeial Seeuoi'Y .dmini"on'ion, eaeh of ,I,e
pa"iea ,hall eonilnue to be ,ligible fo' sodal s,eudCV
benefi" '0 vhieh ho 00 ,he would o,din,oilY be qualified a'
a peOCV '0 a divo'on af'" a ma"iage of ,en "0) ye'"' 00
roooe in du,aiion, if ,he pa,'ie,' mao,iage i' de,eomined iO be
of ten (1.0) or more years in duration.
2S. DlCOME..--'VJLl?~
The paeoi" have heoeiofoee filed join' fedooal and "a,e
,e,,,'n" Bo'h pa<clea ag,ee ,haC in 'ho even' any defidenoy
in f,deOal, ,ea,e 00 loeal ineome eax i' poopo,ed, 00 any
"""men' of anY ,ueh ,aX is m,de again" eleh" of 'hem,
each vill indemnify and hold harmlea' ,he 0'''' foom and
again" any 10" 00 liabili'Y foo anY ,ueh ,ax defieieney 00
",,,,men' 'heO,vie h. sueh ,aX, in' ao'", penal ey oe exp,n"
,hall be paid ,olely and endeelY bY ,he individual vho ie
finallY de"omined '0 be ehe c'"" of ,h' mi"epo"an"don,
0' ,ailuoe' '0 di,elo,e 'he n.,u,e and ex' en' of hi' 00 heO
24. so.C1.lJ,i.-SE.CUR1.'rL-JlE.llIllE~
separate income on the aforesaid joint returns.
DIANE G. RADCLIFF
3448 TRlNDLE ROAD
CAMP HILL. PA '70\1
(1\1) 737.0100
page 1.7 of 26
,I.
\,
\ i
, . ~
'ii'
\,!
t~
\
\
I,
,
'..1...
DIANE 0, RADCLIFF
3448 TRINDLE ROAD
CAMP HILI.. PA 17011
1717) 737-0100
27 . WAIV-BlR_OF.ALDlONY .-..Bl'Ot1SAL-_Sl1PPOR'l'._AND___CQarS.1
TIlE' part iel1 hereto a9ree and do hereby waive any right
and/or claim they may have, both now and in the fut.ure,
against the other for alimony, alimony pendente lite, spousal
support, maintenance, counsel fees and costs.
28 . .C11S,T,ODYt
1~e parties shall have joint legal custody of their minor
Children and pursuant thereto shal1 be entitled to participate
in all major, non-emergency decisions affecting the best
interests of t.he Children and shall have the right of access
to persons and records pertaining to the same so that. informed
decisions may be made. .
HUSBAND shall have primary physical custody of the
Children subject to WIFE's rights of partial custody as shall
be mutually agreed upon by the parties under and subject. to
the following terms and conditlons:
a. There will be no set visitat.ion schedule during the week
due to the ages and desires of the Children. A schedule
will be worked out on a weekly basis after taking into
consideration the Chi ldren' s school, sports and work
schedules.
b. There will be no set visit.ation schedule for weekends.
The schedule will be worked out on a weekly basis aft.er
taking into consideration the sports, work and social
schedules of the Children and the desire of each child to
have timB with each party.
c. Both parties shall share responsibility in providing the
transportation and fees for the Children.
Page 18 of 26
DIANE G, RADCLIFF
3448 TRINDLE ROAD
CAMP HILL, PA 17011
1717} 73700100
d.
t'ot:ce iSSUBfJ as hostac)f.' for
Neither party will
vi.aH.at::lon.
e. Neither party will permanently remove the Children frolll
the State of Pennsylvania without prior notice and
approval by the other party, or approval by the court
after proper notice and hearing in which both parties may
present their testimony and views on the issue of
relocation.
f. If either party takes the Children out of state for a
vacation, that party shall provide the other party with
an address and telephone number where the Children can be
reached for emergency purposes during their absence.
g. In the event HUSBAND dies during the Children's, or
either of them, minority, primary custody of the Children
shall tranafer to WIFE.
29. fJl:R~L RIGHTSL
HUSBAND and WIFE may and shall, at all times hereafter,
Ii ve separate and apart. They shall be free from any control,
restraint, interference or authority, direct or indirect, by
the other in all respects as fully as if they were unmarried.
They may reside at such place or places as they may select.
Each may, for his or her separate use or benefit, conduct,
carryon and engage in any business, occupation, profession or
employment which to him or her may seem advisable. HUSBAND
and WIFE shall not molest, harass, disturb or mal ign each
other or the respective families of each 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.
Page 19 of 26
DIANE Q, RADCLlPF
3448 TRINDLE ROAD
CAMP HILL. PA 17011
1717) 737-0100
30 . Ml./TUAL RlLJl:ASJl:S,1.
I
L
tl:
~
HUS[JAND and WIPE: Bach do hereby mutually 1'emiFJe, 1'el"a8e,
quitclaim and forever discharge the other and the estate of
such other, for a 1.1 time t:o come, and for all purposes
whatsoevEOr, of any from any and all r:lghts, 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, of whatever nature and
wheresoever 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 curtsey, or claims in the nature of dower
or curtsey or 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 part ici.pate in a
deceased spouse's estate, wl~ther arising under the laws of
(a) the Commonwealth of Pennsylvania, (b) State, Commonwealth
of territory of the United States, or (c) any other country,
or any rights which either party may have or at any time
hereafter have for past, present or future support or
maintenance, alimony, alimony pendente lite, counsel fees,
equitable distribution, costs or expenses, whether arising as
a result of the marital relation or otherwise, except, any
only except, all rights and agreements and obligations of
whatsoever nature arising or which may arise under this
Page 20 of 26
DIANE G, RADCLIFF
3448 TRINDLE ROAD
CAMP HILL. p,~ 17011
(717) 737.0100
J\gl'eemont 0): for the bread, at' any provision thereof. It IC4
the Intention of HUSBAND and WIFf!: to gIve to each other by the
execution of this 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
provisions thereof.
31. WAI.YEIL'olLHODIFICA'l'ION_TQ..llJl:_IR.WRI'I'D1Ch
No modification or 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 default hereunder shall
be deemed a waiver of any subsequent default of the same or
similar nature.
32 . MlITll'AL COOPERATION.t
Each party shall, at any time and from time to time
hereafter, take any and all steps and execute, acknowledge and
del i ver to the other ("uty, any and all further instruments
and/or document that ~he other party may reasonably require
for the purpose of giving full force and effect. to the
provisions of this Agreement.
33 . AGREEMENT 1UNIllNG.....oN...liEIB.at
This Agreement shall be binding and shall inure to the
benefit of the parties hereto and their respective heirs,
executors, administrators, successors and assigns.
Page 21 of 26
, I. ..,
,. t..
34 . IH'l'OORAUONJ.
This Agreement. constHut.e8 the entire understanding of'
t.he parties and super8edes any and all prior agreements and
negotiations between them. There are no represent.at.ions or
warranties other than those expressly set forth herein.
,"
t
L
ri'
II
EI
'35 . O'1'HJl:ILOOC.UMJl:N'l'A'UONJ.
WIFE and HUSBAND covenant and agree that they will
forthwith land within at least twenty (20) days after demand
therefor) ,
execute
any and all written
instruments,
assignments, releases, 8atisfactions, deeds, notes, stock
certificates, or such other writings as may be necessary or
desirable for the proper effectuation of this Agreement, and
as their respective counsel shall mutually agree should be so
executed in order to carry out fully and effectively the terITIs
of this Agreement.
36 . NO-WAlY.ER-QF DEFAULT.1,
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 the same or similar nature, nor shall it be
construed as a waiver of strict performance of any other
obligations herein.
37 . BREACHL
If for any reason either HUSBAND or WIFE fails to perform
his or her obligations owed to or for the benefit of the other
DIANE Q, RADCLIFF
3448 TRINDLE ROAD
CAMP HILL. PA 17011
17171737.0100
Page 22 of 26
DIANE Q, RADCLIFF
3448 TRINDLE ROAD
CAMP HILL. PA 17011
1717173700100
party and/or otherwise breaches the tsrms of this Agreement,
then the other party shall have thEl following rights and
remedies, all of which shall be deemed to be cumulative and
not in the alternative, unless said cunwlative effect would
have an inconsistent result or would result in a windfall of
the other party.
a. the right to specific performance of the terms of this
Agreement, in which event the non-breaching party shall
be reimbursed for all reasonable at torney I s fees and
costs incurred as the result of said br'each and in
bringing the action for specific performance.
b. the right to damages arising out of breach of the terms
of this AgreemElnt,
which damages shall
include
reimbur8ement of all attorney's fees and costs incurred
as the result of the breach and in bringing the damage
action.
c.
the right to all remedies set forth in Section 3502 (e) of
the Pennsylvania Divorce Code, 23 Pa. C.B.A. 3502(e), an
any additional rights and remedies that may hereafter be
enacted by virtue of the amendment of said Section or
replacement t.hereof by any other similar laws, which
remedies shall include, but not limi ted to:
1. the entry of judgment;
2. the authorization of the taking and seizure of
goods and chattels and collection of rents and
profits of real and personal and tangible and
intangible property;
3. the award of interest on any unpaid install~ent;
Page 23 of 26
\\1
r
\ !
i ~1
r,i
J
11
I
i
Ii
I~
"
d
r/
;1
\
,I
DIANu G, RADCLIFF
3448 TRINDLu ROAD
CAMP Hll.L, PA 17011
1717173'1.0100
4. the transfer and sale of any property required to
obtain campI iance wi th the obligat ions undertaken
by this Agreement;
5. the post ing of securi ty to insure future payments
to
compliance
with
obligations
the
assure
undertaken by this Agreement;
6. the issuance of attachment proceedings and the
holding of the Defendant to be in contempt and the
making of appropriate order therefor including, but
not limited to, commitment of the breaching party
to county jail for a period not to exceed six (6)
months.
7. the award of counsel fees and costs.
8. the at tachment of the breaching party I swages.
d. Any other remedies provided for in law or in equity.
38. LAW OF PEN>>SYLYANIA. APPLICABLE I
This Agreement shall be construed in accordance with the
laws of the Commonwealth of Pennsylvania.
39. SEVERABIL~TY:
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 remain valid and
continue in full force, effect and operation. Likewise, the
failure of either party to meet his or her obligations under
this Agreement under anyone or more of the paragraphs
hereunder, with the except ion of the sat isfaction of a
Page 24 of 26
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
RONALD L. FINDLEY,
Plaintiff
v.
NO. 98-1666 CIVIL TERM
CIVIL ACTION - LAW
DIVORCE
DENISE L. FINDLEY,
Defendant
PRAECIPE OF TRANSMIT RECORD
To the Prothonotary:
Transmit the record, together with the following information, to the
court for entry of a divorce decree:
1. Ground for divorce:
Irretrievable breakdown under Section 3301 (c)of the Divorce Code.
2.
Date
A.
B.
and manner of se;:ovice of the complaint:
Date: 3/31/98
Manner: Certified, Restricted Delivery
3. Date of execution of the affidavit of consent required by Section 3301
(c) of the Divorce Code:
a. Plaintiff: 4/15/99
b. Defendant: 4/9/99
OR
Date of execution of the Plaintiff's affidavit required by Seotion
33011d) of the Divorce Code and date of service of the Plaintiff's 3301
Id) affidavi t upon the Defendant:
a. Date of execution: n/a
b. Date of filing: n/a
c. Date of service: n/a
4. Related claims pending: No issues are pending. All issues have been
resolved pursuant to the Man'iage Settlement Agreement between the
parties dated 4/9/99 which Agreement is to be incorporated into but not
merged with the Divorce Decree.
5. Date and manner of service of the Notice of Intention to file Praecipe
to Transmit Record, a copy of which is attached, if the decree is to be
entered under Section 3301 Id) II) (i) of the Divorce Code:
a. Date of Service: n/a
b. Manner of Service: n/a
OR
Date Waiver of Notice in Section 3301 (c) Divorce was filed with the
Prothonotary:
a. Plaintiff's Waiver: 4/15/99
b. Defendant's Waiver: 4/15/99
DIANE a. RADCLIFF
344ll TAINDLE ROAD
CAMP HILL, PA 17011
(717) 737.0100
IN THE COURT OF COMMON PLEAS OF
CUMBERL.l\ND COUNTY, PENNSYLVANIA
RONALD 1,. FI NDL,EY ,
Plaintiff
v.
NO. <7 f - / (. L. t- c.:'(.~J. 'T;.._
CIVIL ACTION - LAW
DIVORCE
DENISE L. FINDLEY,
Defendant
COMPLAINT
AND NOW, this l(P~ay of March, 1998, comes the Plaintiff,
RONALD L. FINDLEY, by his attorney, DIANE G. RADCLIFF, ESQUIRE,
and files this Complaint in Divorce of which the following is a
statement:
COUNT I: DIVORCE
1. The Plaintiff is RONALD L. FINDLEY, an adult individual
residing at 7376 Wertzville Road, Carlisle, Pennsylvania
17013, since.
2. The Defendant is DENISE L. F'INDLEY, an adult individual
residing at 1960 A. Fry Loop Avenue, Carlisle, Pennsylvania
17013, since.
3. Plaintiff and/or Defendant have been bona fide residents of
the Commonweal th for at 'least six (6) months previous to the
filing of this Complaint.
4. Plaintiff and Defendant were married on Hay 5, 1979 at
Mechanicsburg, Pennsylvania.
5. There have been no prior actions of divorce or annulment
between the parties.
6.
Plaintiff has been advised of the availability of counseling
- 2 -
and the right to request that the Court require the parties to
participate in counseling.
7. The Defendant is not a member of the Armed Services of the
United states or any of its Allies.
8. The Plaintiff avers that the grounds on which the action is
based are:
a. That the marriage is irretrievably broken!
Or in the alternative,
b. That the parties are now living separate and apart, and
at the appropriate time, Plaintiff will submit an
Affidavit alleging that the parties have lived separate
and apart for at least two (2) years and that the
marriage is irretrievably broken.
Or in the alternative,
c. That Defendant has offered such indignities to the person
of the Plaintiff, the innocent and injured spouse, as to
render his condition intolerable and life burdensome, and
that this action is not collusive.
d.
Or in the alternative,
That the Defendant has committed adultery.
)
.
{
WHEREFORE, Plaintiff requests this Honorable Court to enter a
decree in divorce, divorcing the Plaintiff and Defendant.
COUNT II: EQUITABLE DISTRIBUTION
9. Paragraphs 1 through 8 are incorporated by reference hereto as
fully as though the same were set forth at length.
10. Plaintiff and Defendant have acquired prope,rty and debts, both
DIANE G. RADCLIFF
3448 TRINOLE ROAD
CAMP HILL, Poll 1701 I
(717) 73700100 . 3 -
DIANE G. RADCLIFF
3448 TRINDLE ROAD
CAMP HILL, PA 17011
17171737.0100
real and personal, during their mardage from May 5, 1979
until February 7, 1998, the date of separation, all of which
is "marital property".
11. Plaintiff and/or Defendant have acquired, prior to the
marriage or subsequent thereto, "non-mar.ital property" which
has incr€'ased in value since the date of marriage and/or
subsequent to its acquisition during the marriage, which
increase in value is "marital property".
12. Plaintiff and Defendant have been unable to agree as to an
equitable division of said property as of the date of the
filing of this Complaint.
WHEREFORE, Plaintiff requests this Honorable Court to
equitably divide all marital property and debts of the parties.
COUNT III CUSTODY
13. Paragraphs 1 through 12 are incorporated by reference hereto
as fully as though the same were set forth at length.
14. Plaintiff seeks custody at the following children:
NAME PLACE OF RESIDENCE: AGE D.O.B,
Jennifer L. Findley 7376 Wertzville Road 16 12-30/81
Carlisle, Pa 17013
Stephanie L. Findley 7376 Wertzville Road 12 7/23/85
Carlisle, pa 17013
The children were not born out of wedlock.
The children are presently in the custody of the Plaintiff who
resides at 7376 Wertzville Road, Carlisle, Pa 17013.
During the past five years, the children have resided with the
- 4 -
following persons and at the following addresses:
PE:HSONS
Ronald Findley and
Denise F:l.nd1ey
Ronald Findley
ADDRESSES
7376 Wertzville Road
Carlisle, PA 17013
7376 Wertzville Road
Carlisle, PA l7013
DATES
198 to
2/7/98
2/7/98 to
present
The mother of the children is Denise L. Findley currently
residing at 1960 A. Fry Loop Avenue, Carlisls, PA 17013.
She is married.
The father of the children is Ronald L. Findley currently
residing at 73J6 Wertzville Road, Carlisle, PA 17013.
He is married.
4. The relationship of Plaintiff to the children is that of
father. 'l'he Plaintiff currently resides with the fOllOWing
persons:
NAMES
Jennifer L Findley and
Stephanie L Findley
5. The relationship of Defendant to the children is that 0:F.
RELATIONSHIP
daughters
persons:
mother. The Defendant currently resides with the following
NAMES
Thomas Dietch
RELATIONSHIP
boyfriend
6. Plaintiff has not participated as a party or witness, or in
another capacity, in other litigation concerning the custody
of the children in this or another court.
Plaintiff has no information of a custody proceeding
concerning the children pending in a court of this
DIANE G. RADCLIFF
3448 TRINDLE ROAD
CAMP HILL. PA 1'1011
(717) 737.0100
- 5 -
VERIFICATION
RONALD L. FINDI,EY verifies that the statements made in this
Complaint ars true and correct. RONALD L. F'INDLEY understands tha t
false statements herein are made subject to the penalties of l8
Pa.C.s. Section 4904, relating to unsworn falsifIcation to
authori ties.
~{/
PlANE G. AAOCLlFF
3448 TRINOLE ROAD
CAMP HILL, PA 17011
(7171 737.01llO
','",
. 7.
('J
c:,
~)}i~;
tpts
:~:l:f
fUi'
E:~->',
_r:~ (,II
.I-:'G;
:id
l1:')
~,..;.)
.l'JII.
'T1
:.-!~-,
!!"! ~n
I_c"
'""
,;CJ
, I
j()
.'.',::n
) ~.-
':,,,,C)
i"~ I'r11
,)
.."/
:1'"
;9
,
Ul
.1"1
..~L,
N
to: '
o
(),
IN THE COUR'r OF' COMMON PLEAS OF
CUMBEHLAND COUNTY, PENNSYLVANIA
RONALD L. F'INDl,EY,
PIctlntiff;
v.
No. 98-1666 CIVIL TERM
CIVIL ACTION n LAW
DIVOHCE
DENISE L. FINDLEY,
Defendant
AUIDA.'l.U'...m~_.c.ONSENr
l~ A Complaint in Divorce under Section 3301(c) of the Divorce
Code was filed on March 26, 1998.
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. .r consent to the entry of a f i.naI Decree in Divorce after
service of notice of intention to request entry of the decree.
I verify that the statements made in thi8 Affidavit are true
and correct. I understand that false statements herei.n are made
subject to the penalties of 18 Pa. C.S. Section 4904 relating to
unsWorn falsification to authorities.
Dated: ./j-'J'99
DIANE 0, IIAIX'1.I1'1'
,144M THINlllli /lOA/1
<'AMI' 11111,. PA 17011
(717) 7.17.0100
0 I.f'J r,
F~ ~:J ;i'l
T,~ "
'1,-)/:--' "-r.) ,'.
1',.0
r"(\ ti ::J:) ,..
.< '.:1 In
>~_' i. Uj :l':J
(t. , ~IS
I . ( ~T1 :-;:.H
, ~', . ) ..~.
. { ;:.( )
: ( '-,' rn
(q ~';1
.' t!.~ ..
MI.'"
~) :::> "(,I
(T> :<;
;' ~-;., '-1,.-. :.,.~ . .....-
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVAN1A
RONALD L. FINDLEY,
Plaintiff
v.
NO. 98-1666 CIVIL TERM
CIVIL ACTION - LAW
DIVORCE
DENISE L. FINDLEY,
Defendant
CJl:lU'InCATION_OF SOCIAL SEC:mu'I'L-NUMBERS,
In accordance with the Rules of Civil Procedure, I, Diane G.
Radcliff, Esquire, Attorney for ti1e Plaintiff, hereby certify thqt
the social security numbers of the part ies are as follows:
1. Plaintiff: 179-38-0947
2. Defendant: unknown
I
Road
, , PAl 7011
Supreme Court ID # 32112
Phone: (717) 737-0100
Fax: (717) 975-0697
Attorney for Plaintiff