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Home My WebLink About98-02253 J tl .,: '\'1 .~ I "</ 04 ~ ~ Lt --c .~ ~ " , \ . ! / ,I / /c // I ! I I I I , , { ... ~ - . . ';) - CJ I't) III "'C t"t ~ ~ . '~'*'~~"~~.*,~,.~,~.~~..~.,~.~~,~,~,.*,,*,},~,.~, ~' ,-, -. '." .~, '-. ,', ~ " " w ~.~ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY ~ ',' .', ~ ~ ~ '.' *- ',' ,:.:. <+:. .:..;. ,~.;. , 0.0.' ~I ~ I~' STATE OF ;~~;'~~t PENNA, \"~"--:;"r'- AND NOW, . , , , . , ., . .f~'~v"':'7 ' , . ;.~., 19, r,'r . " It is ordered and decreed that .I(A~~t:l. M.., .LJNfm:Y... ..,..",.""."" ", plaintiff, and MITCIJELLII. . LINDSR'l... ., .,...,."..,..,."""", defendant, are divorced from the bonds of matrimony, The court retains jurisdiction of the following claims which have been raised of record in this action for which a final order has not yet been entered; Th~,Marital, Settle.IT)~I:l~. /\gn?~mE:lJt: ,dClt"d. ,Octoher. 8.,.1998" is,."., ~tt~c;hed ,herf'to ~pd, ,ts, hE!J;('PY .in~Ql:porflted, into, ,this, D0<1ree.."" ~ w ',' ~ ',' KAREN M. LINDSEY Plaintiff ~ ',' w ~ Vl'I',';lI:i *- '.' MITCHELL A. LINDSEY W ." Defendant ~ ',' \ ~ ~ ',' *- ',' $1 ~ I'~ ~ " ~ " " " " ~ '.' ~ ~, ~ ~ ~, ~ ~ W ~.j ~ " 8 ~ ~.". .... . . ~".;. .>>:. .>>:. .:.:. '~.' N (),9~~2)5) ,,\ 1<) DECREE IN DIVORCE n ~.... '!:),.-;: c" u ~ I: / ,/;{ ..~ /( #._, ^1;C'I}6~ttJ ';e "~4f /)"'~JI?;t~ . v v: ' . .' L /) - '",. (/ / ''',;9''nL /~ ,.~ t" 1fdJ v t~ Prolhonolnry .:+;, .:.:. <+:- '," ~ " " Ii. J, I~ i... ~~ i~ i~ .:+:' .:+:. ':+:. ':.:~ ':.;. .~.:. -:+:' .:.:. .:+:. .:+:,' <.;, <.> ':.:- ,:.;. ':+:' <.> ':+:' .:+:. ,:.:. ~ ',4 ~ ~. ... w '.. ~ ~, .. " ~ ',' ~ '.. ~ '.' "I ~ ,', ~ " " ~ .~ ,'. ~ i,' ~ ',' ~ ~.~ ~ '.' 11.,~ ~, :, i~ i~ " (~ I~ ".' ~ ',' ~ '.. ,', .~ ) , I~ /.,1 ;f1 ',' ,', ~ w '.' ~ ~ '.. 1. ADVICE 01" COUNS~ Both parties acknowlodge that they have been afforded the opportunity to consult with an attorney of their choice prior to signing this Agreement. Karen M. Lindsey is represented by Samuel W. Milkee, Esquire. Mitchell Lindsey Is represented by Mindy S. Goodman, Esquire. Each party aCknowledges that this Agreement is being entered into freely and vOluntarily and that It Is not the result of duress, undue influence or collusion. 2. CUSTQDX a. The parties ohall ervoy shared legal custody of Cameron M. Lindsey, who is their ohild, born August 25, 1994. b. Karen M. Lindsey, shall have primary physical custody of Cameron, c. Mitchell Lindsey shall have regular partial custody of Cameron at times to be agreed upon by the parties. d. Each party shall be permitted access to the school records and medical records of the child regardless of whose physiCal custody the child may be in from time to time. e. Each party shall direct all school personnAI and health care providers of the cWld to provide copies of the child's school or medical records to either parent, upon the request of either parent, indiVidUally or jOintly. 2 . 8, ltlilAl, PROPERTY The parties each have an interest in the property located at 1351 Zimmerman Rood, CarlJsle, a property which is held in the name of Mitohell Lindsey. The parties have agreed that within the next sixty days, Mitchell Lindsey will obtain refinancing of the property, in hiB name, in order to payoff the current first and second mortgages, as well as the debts owing his parents in connection with this property. Further, os a part of the sett.lement on the refinancing, he will pay to Karen Lindsey the amount of $16,700.00. Karen Lindsey will cooperate in the signing of any doouments necessary, including a deed, if needed, reflecting that in connection with the above payment, she is relinquishing any and all interest which she may have in this property. 4. YEHIC~li1S a. Mitchell Lindsey is to retain the 1993 Ford Ranger which is titled solely in his name, and which has no indebtedness associated with it. b. Karen Lindsey is to retain the 1993 Saturn which is titled solely in her name, and which has no indebtedness associoted with it. 5. RETIRIiIMEN'J', WSIONS. AND STOCl\S a. Each is of the parties is to retain his or her own 401k plan and any other type of retirement or pension benefits earned through their respective places of employment, regardless of whether these benefits have vested or not. 3 ..' b. Mitchell Lindsey is to retain the various IRA stocks, some of which were accrued befol'e the marriage, and Bome of which have been accrued during the marriage. 6, MARITAL DEIIT a. It ie agreed by the parties that there exist no other maritm debts, excepting approximately $1,000 of credit card debt respectively held by each of the parties in his or her own name, and each party will assume full and Bole responsibility for repayment of those debts. b. Any debt incurred by either of the parties since Karen Lindsey moved out of '~he marital residence on March 4, 1998, wlll 1:>e and continues to be the sole responsibility of the spouse incurring that debt. 7. SUPPOR.T a. Mitchell Lindsey will pay an ongoing child support amount of $50 per week, and one.half of the child care expenses. b. In the event that the parties are not able to agree upon any future modification of t.he support amount in the future, based upon changing circumstanceD or changing incomes, the matter will proceed to the Domestic Relations Section of the Court of Common Pleas of Cumberland County (or any other Court havingjurisd1ction at the time). However, so long as the parties continue to agree upon a support amount, the terms oftbls support agreement will be outside of the Domestic Relations process and pll'yments will be made directly to Karen Lindsey for the actual support amount, and payments will be made to the daycare center every other week for 4 . ongoing daycare coata. 8. PERSONAL PROPE..R.TX a Each party agrees that all personal property, furniture, and other miscellaneous marital possessions now in his or her physical possession will remain the sole and individual property of the spouse having possession of the property. This constitutes a full and tinal distribution of all personal property of the marriage. b If at the time of execution of this agreement this has not already occurred, Mitchell Lindsey will immediately transfer to Karen Lindsey her personal papers found in the safe in the marital home, including Cameron's Social Security card, 9. MUTUAL COOPERATION The parties specitlcally agree that once ninety days have elapsed from filing of the Divorce Complaint in this case, each will execute an affidavit consenting to the divorce. '}'he parties further agree to mutually cooperate with each other in order to carry through the terms of this Agreement, including but not limited to, the signing of documents necessary to effectuate the agreement. 1.0. WARRANTY OF DISCLOSURE Each party hereby confll'ms that he or she fully understands the terms, conditione and provisions hereof and believes same to be fair, just, adequate and reasonable under the existing facts and circumstances. The parties further declare that each is executing the Agreement freely and voluntarily, having either obtained sufficient knowledge and disclosure of their respective legal rights and obligations or, 5 ~. if counsel has not been consulted, expressly waiving the right to obtain such knowledge, The parties also agree that the extent of property and claims which have accrued during the marriage has been made known to each person and that this agreement is entered into with a full understallding of the contents of the marital estate. 11 VOID CLAUSES If any term, conditioll, clause or provision of this Agreement shall be detel'nuned 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. 12 APPLICABLE LAW This Agreement shall be construed under the laws of the Commonwealth of Pennsylvania, 18, ENTIRE AGRli)EMENT This Agreement contains the entire understanding of the parties, and there are no representations, warranties, covenants or undertakings other than those expressly set forth herein. 14. BREACli.QF AGREEMENT In the event that either party breaches any provision of this Agreement or fails to timely perform his or her obligation under this Agreement, she or he shall be l'esponsible for any and all costs incurred to enforce the Agreement, including, but not limited to, court costs and counsel fees of the other party. In the event ofbrllach, 6 .. ) \ (Ol 'J " '-.' , q r \ .-, , " ~ 'j I . \ " l.) .\ <' ) .' " . . ':~:,~ '. " ".... 'on .- -~ f."-""'-'''''' '''---\ ,!HA, ,;,\ .)\","'''1.,,'0'''0 'JiI" ,N~, ',tM':,.'I) ~Ai"i,iV,'j ;.HIN:;: :-ih'l tft<,t- _f" IU;\l (;~,,'~l ('!'r-~t:m't;\l., - ......,-<"'..,_.."...,.,_,.,......_..........~.............Il i I 4~.,. 0 co 0 C', C;~) "n ..."" -".. 'i:-) f-iJ ...;." )\4 fJ ~~g L" , , f ',", n ~~~' l, l~.) \ c:) , (l'l r:~': , I ::\ r, " (<) , ,t ,) r-n y' , .. ) ., I '." ~. " =< ,.0 ;< r ( , ) KAREN M, LINDSEY Plaintiff, :IN THE COURT OF COMMON PLEAS ;CUMBERLAND, COIJN1'Y, PENNSYLVANIA : NO, 98-2253 CIVIL 1998 v, MITCHELL M, LINDSEY Defendant. : IN DIVORCE AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under the Divorce code was filed on April 22, 1998, on the grounds that the marriage of the parties is irretrievably broken, 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety days have elapsed from t.he date of filing the Complaint. 8. I consent to the entry of a final decree of divorce. 4. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if I do not claim them before a divorce is granted. I verify that the statements me,de in the Affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. ~ 4904 relating to unsworn falsification to authorities. Date: 1:J/~qR \ ,-J CJ ,I:) () \, 0:> <'1"1 r._ !~.,~ '11 "I.. 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