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HomeMy WebLinkAbout98-01747 '.-, ~1 ~I JI , -;# I i ~I tEl 01 '~I <:i:, "\\ \ \ \ '. / ,~7 ijj'" € v 1- -,I .-: ~ d r- :t- r - V. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - DIVORCE DANIEL R. RICHCREEK, Plaintiff ANNA M. RICHCREEK, Defendant NO. 98-1747 Civil Term PRAECIPE TO TRANSMIT RECORD 1. Ground for divorce: irretrievable breakdown under' Seotion 3301(c) of the Divorce Code. 2. Date and manlier of service of the complaint: oertified mail, restrioted delivery, received on 4-13-98; 3. Complete either (a) or (b). (a) Date of exeoution of the affidavit of required by Section 3301(0) of the Divorce Code: Plaintiff on September 24, 1998; by the Defendant l5, 2001. (b)(l) Date of Exeoution of the plaintiff's affidavit required by Section 330l(d) of the Divorce Code: n/a oonsent by the on June (b)(2) Date of service of the Plaint1ff's affidavit. upon the Defendant: n/a 4. Related claims pending: All related matters have been settled pursuant to agreement of parties dated 6/08/01. 5. Indicate date and manner of service of the notice of intention to file praeoipe to transmit record, and attach a oopy of said notioe under seotion 330l(d)(l) (i) of the Divoroe Code: n/a 6. Indicate date and manner of service of the notioe of intention to file praecipe to transmit reoord, a oopy of whioh is attached if decree is to be entered under seotion 3301(c) of the Divorce Code: n/a OR, date of executlon of Waiver of Not.ice of Intent: plaintiff exeouted waiv~r on September 24, 1998; Defendant executed waiver on June 15, 2001; AND date of filing of Waiver I Plaintiff's waiver filed October l2, 1998; Defendant's waiver filed June 22, 2001. , 9. The Plaintiff has been advised of the availability of oounseling and that the Plaintiff may have the right to request that the Court require the parties to partioipate in oounseling. WHEREFORE, Plaintiff requests your Honorahle Court to entex' a Decree in Divorce, divorcing Plaintiff and Defendant from the bonds of matrimony, COUNT II SECTION 3301(d) OF THE DIVORCE CODE OF 1980 10. Paragraphs 1 through 9 of this Complaint are inoorporated herein by referenoe as though set forth in full. 11. The parties are now living separate and apart; at the appropriate time Plaintiff will submit an affidavit alleging that the partieR have lived separate and apart for at least two (2) years and that the marriage is irretreivably broken. WHEREFORE, Plaintiff requests your Honorable Court to enter a Decree in Divoroe, divorcing Plaintiff and Defendant from the bonds of matrimony, Date :3/:2~(t1k Respectfully submitted: BRATIC " PORTKO By :Cci~pCv.~ lKJ~ Stephen K. Portko, Esquire 101 South U.S. Route 15 Dillsburg, PA 17019 (717)432-9706 J.D. No. 34538 Attof~y for Plaintiff -2- ;\: I, J, i, i, 't/ ., (1 ',- (0 "h. er; _cr (.; r'. .. :' ~;j: " I ~~.! ~y; f"11 ( }I ': J ,< f' C, L. 'i' 0;, ,-', ! J - .i c'y)/' , ,-:',J (/) . . LI , I II.j' ;;; _.11', J.. 'n ~ '" I J I.,. Co' I (J~ i t';':'; , I , (:.:,) ~~S ( ) 0' 0 0_.... ',,-I ~, 't',-i'. . DANIEL R. RICHCREEK, Plaintiff vs, : IN THE COURT OF COMMON PLEAS : OF CUMBERLAND COUNTY, PA : CIVIL DIVISION - LAW : IN DIVORCE ANNA M, RICHCREEK, Defendant : NO, 98-1747 Civil Term AFFIDAvrr OF CONSENT 1, A Complaint in Divorce under Section 3301 (c) of the Divorce Code was filed on March 30, 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. I consent to the entry of a final decree of divorce after service of notice of intenllon to request entry of the decree I 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 ~ISlflcation to authorities, Dated: ~//5i'(J/ _ t?rn1U fldCttl ANNA M. RICHCHEEI( WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER SECTION 3301(0) OF THE DIVORCE CODE 1. I consent to the entry of a final decree of divorce without notice. 2. I understand that I may lose rights concerning alimony, division of property, I lawyers fees or expenses if I do not claim them before a divorce is granted. 3. I understand that I will not be divorced until a divorce decree is entered by the Court and that a copy of the decree will be sent to me immediately after it is filed with the Prothonotary. I verify that the statements mad,:, in this affidavit are true and .:orrect. I understand that false statements herein are made subject to the penalties of 18 Pa,C.S. Section 4904 relating to unsworn f sification to authorities. Dated: &//6/0/ Ww ~i ANNA M. RICHCREEK, Defendant ..... d I "" i , , ~~~ " '-';i .,' I : , ).J'j \ ", ~. , ::-.'.'.. .,4 '.;\::j .-<>,. ';'-, tt::! (,~.....l ":! ':-;? , I " '1 ltl " 1 0... " I :~) , (::1 (J " " I. SEPARATION: It shull be lawful tor euch party at all times hereafter to live separate and apart trom the other party at such place as he or she may from time to time choose or deem tit. The toregoing provisions shall not be taken as an admission on the part of either party of the lawtillness or unlawfulness oftluJ causes of their living apart, 2. INTERFERENCE: Each party shall be ti'et from interference, authority and contact by the other, as tillly as if he or she were single and unmarried except as may be necessary to carry out the provisions of this Agreement. 3. PRIOR AGREEMENTS: It is understood and agreed that any and all property settlement agreements which mayor have been executed prior to the date and time of this Agreement are null and void and of no effect. 4. OUTSTANDING ,JOINT DEBTS Husband and Wite agree that all debts or credit cards in Husband's name alone or also naming Wife as co-signer or co-obligor, including but not limited to Sears, Boscov. Montgomery Wards and Visa or Mastercard, shall be Husband's sole obligation and Husband shall pay the same in due course and shall indemnifY and hold Wife ham~ess of and from these obligations, Husband further agrees that these accounts have either been paid in full and closed or Wife's name has been removed from the account so that Wife has no obligation, liability or responsibility for payment of said account as a co-signor or co-obligor. Wife agrees to pay all debts or credit cards that are solely in her name, including but not limited to Boscov, Bon Ton, Sears and Montgomery Wards, and Wife shall pay the same in due course and shall indemnifY and hold Husband harmless of and from these obligations, Each acknowledges that there are no other outstanding joint obligations, 2 5. WIFE'S D~;JJTS. Witc represents and warrants to Husband that since the i I Reparation, she has not and in the ruture :~he will not contract or incur any debt or liability for which Husband or his estate might be responsible and shall indemnify and save harmless Husband from any and all claims or demands ,made against him by reason of debts or obligations incUlTcd by her, 6. HUSBAND'S DEBTS: Husband represents and warrants to Wife that since the separation, he has not and in the future he will not contract or incur any debt or liability for which Wife or hcr cst ate might be responsible and shall indemnity and save harmless Wife from any and all claims or demands made against her by reason of debts or obligations incurred by him, 7, WAIVERS OF CLAIMS AGAINST ESTATE: Except 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 now have or hereafter acquire, under the present or future laws of any jurisdiction, to share in the property or the estate of the other as a result of the marital relationship, including without limitation, dower, courtesy, statutory allowance, widow's allowance, right to take intestacy, right to take against the Will of the other, and right to act as administrator or executor of the other's estate, and each will at the request of the other, execute or acknowledge and deliver any and all instruments which may be necessary or advisable to carry into effect this mutual waiver and relinquishment of all such interests, rights and claims. A, TillS paragraph shall not affect either party's right or power to expressly include the other party as beneficiary in any Will or other document. whether written in the past or in the future, 3 B, This paragraph shall not affect either party's right or power to expressly include the other party as beneficiary of any insurance policies whether eRected in the past or in the future, 8. MUTUAL WAIVER OF ALIMONY Wite and Husband represent and acknowledge that they each have sufficient property to provide for her or his reasonable needs and that each is able to support herself or himself through appropriate employment. Therefore, notwithstanding anything to the contrary contained in this agreement or in the Pennsylvania Divorce Code of 1980, as amended. Wife and Husband hereby expressly waive, discharge and release any and all rights or claims which she or he may have now or hereafter by reason of the parties' marriage to alimony. alimony pendente lite, support and/or maintenance, or any other such benetlts resulting from the parties' status as husband and wife. 9. EACH PARTY RETAINS OWN PENSION PLANS Each of the parties does specitlcally waive, release, renounce and forever abandon all of their right. title, interest or claim, whatever it may be. in any Pension Plan, Retirement Plan, Protlt sharing Plan, 401-K Plan, Keogh Plan, Stock Plan, Tax Deferred Savings Plan and/or any employee benetlt plan of the other party, whether acquired through said other party's employment or otherwise, and hereafter said Pension Plan. Retirement Plan, Protlt Sharing Plan, 401- K Plan, Keogh Plan, Savings Plan, Tax Deferred Savings Plan and/or any employee benefit plan shall become the sole and separate property of the party in which name or through whose employment said plan is carried, 10. MUTUAl, RELEASE: Subject to the provisions of this Agreement, each party has released and discharged and by this Agreement does for himself of herself and his or 4 her heirs, legal representatives, eKccutors. administrators and assigns, release and discharge the other of and from all causes of action, claims. rights or demands whatsoever in law or equity, including any petition for counsel fees and alimony pendente lite, which either of the parties ever had or nQW has against the other, except any or all causes of action for divorce and except any and all causes of action for breach of any provisions of this Agreement. t 1. DIVISION OF PERSONAL PROPERTY The palties have divided between them to their mutual satisfaction. the personal effects, household furniture and furnishings, and all other articles of pcrsonal property which have heretofore been used by them in common, and neither party will make any claim to any such items which are now in the possession or under the control of the other. Should it become necessary, the parties each agree to sign any titles or documents necessary to give effect to this paragraph upon request. 12. INCOME TAX RETURNS: The parties have heretofore filed joint federal and state lax 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 indemnify 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 detennined to be the cause of the misrepresentat.ions or failures to disclose the nature and eKlent of his or her separate income on the aforesaid joint rettlrns, 13. SUBSEQUENT DIVORCE: The patties acknowledge that Husband has filed h 5 Divorce Action docketed to No. 98-1747 in the Court of Common Pleas of Cumberland County, Husband and Wife agree that their marriage is irretrievably broken and that it shall be dissolved pursuant to Section 3301(c) of the Divorce Code of 1980. The parties, therefore, agree to the tollowing: a, Simultaneously with the execution of this Agreement, both Husband and Wife shall execute an Affidavit of Consent and Waiver of Notice form, consenting to the entry of a final Divorce Decree, b, Wife shall provide her Aflidavit of Consent and Waiver of Notice fonn to Husband's counsel, who shall cause these documents to be l1led of record and the divorce finalized, c, The right to request counseling is hereby waived by the parties. 14. AGREEMENT NOT A BAR TO DIVORCE PROCEEDINGS: This agreement shall not be considered to affect or bar the right of Husband and Wife to an absolute divorce on lawfitl grounds if such grounds now exist or shall hereafter exist or to sllch 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 01' acts on the part of the other party which have occasioned the disputes or unhappy differences which have occurred or may occur subsequent to the date hereof 15. AGREEMENT TO BE IN CORPORA TED IN DIVORCE DECREE: The parties agree that the terms of this Agreement may be incorporated into any Divorce Decree which may be subsequently entered with respect to them, 16. NON-MERGER: It is the parties' intent that this Agreement does not merge with any subsequent Divorce Decree, but rather, it continues to have independent contractual 6 significance and each party maintains their contractual remedies as well as court remedies as the result of the aforesaid incorporation or as provided by law or statute, 17. BREACH: If either party breaches any provision of this Agreement. the other party shall have the right at his or her election. to sue far and recover damages for such breach or seek such other remedies or relief as may be available to him or her, The pal1y breaching this Agreement shall be responsible for the payment of all legal fees and costs incurred by the other party in enforcing his or her rights under this Agreement, or seeking such other remedy or relief as may be available to him or her. 18, MODIFICATION AND WAIVER: A modification or waiver of any of the provisions of this Agreement shall be etlective only if made in writmg and executed with the same formality as this Agreement. The failure of either party to insist upon strict performance of allY of the provisions of this Agreement shall not be constnted as a waiver of any subsequent default of the same or similar nature. 19. VOID CLAUSES: 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, etlect and operation, 20. VOLUNTARY EXECUTION: The parties acknowledge that they have received independent legal advice from counsel of their selection or that they have been provided the opportunity to seek independent legal advice and that they fully understand the facts and have been fully informed as to their legal rights and obligations and they acknowledge and accept that this Agreement is, in the circumstances, fair and equitable and that it is being entered into freely and voluntarily, after having received such advice 7 and with such knowledge and that execution of this Agreement is not tht' result of any duress or undue intluence and thut it is not the result of lIny collusion or improper or illegal agreement or agreements, Further, the partics acknowledge that both parties drafted the content and language used in this agreement .and that any ambiguity tound to exist shall not be construed in favor of one party or against another on the basis of the drafting of this agreement. 21, DISCLOSURE AND WAIVER OF PROCEDURAL RIGHTS Each party understands that he or she has the right to obtain thllll 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 palty has the right to have all such property valued by means of appraisals or otherwise, Both parties understand they have the right to have a court hold. hearings and make decisions on the matters covcred 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 result of any fraud, duress, or undue intluence 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 separate property as defined by the Pennsylvania Divorce Code, 8, The right to obtain an income and expense statement of the other party as s '-.-, , I (J l": '1\ (I" ~ ... V .... ,'-' ~ ~ ::s <; ~ ~ ,\ (C: /, ..~ ,-f' ). -);'.:: ......1 I ,.-.j) "\.- ~ t" ( ~', ::._J .,;~'. I \;,~\ :':'l:~LJ.. ':'-1 <..) . .' o ~ l(l .... .:--- .~ ~