HomeMy WebLinkAbout98-03022
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.M1:CIJAEL..K., KELLEY,
,Defendant.
DECREE IN
DIVORCE
j a. 'D'I A,IM,
AND NOW"" .~. ,.~ ,~.. ,.., 197&:..., it is ordered and
decreed that ..,...,..,..,.. l'JAl'!<;:r. ,1';" . ~j;:.r-lr..J;;r.. . . .. , . .. . , .. ", plaintiff,
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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;
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incorporated in this Decree by reference and the parties are
. . or.cJered- .1;0. oornpl,y. ,wi t-h . it,., . . . , , . , . . . , . . . .
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Attest: c::bZo R'.;@;7' A..~~w",~
..~d..g&k.W.. ""
f/" P Prothonolary
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POST-NUPTIAL AGREEMENT
THIS AGREEMENT, made this :L '11 <. day of )J c v <? II<. b..,. tI.. ,1998, by
and between Nancy E. Kelley, hereinafter called "Wife", and Michael K, Kelley, hereinafter
called "Husband",
WIT N E SSE T H:
WHEREAS, Husband and Wife were legally married on April 23, 1982;
WHEREAS, Husband and Wife have one child, Brian Christopher Kelley, who
was born on July 5, 1984.
WHEREAS, differences have arisen between Husband and Wife in consequence
of which they desire to live separate and apart from each other; and
WHEREAS, Husband and Wife desire to settle and determine their rights and
obligations.
NOW THEREFORE, in consideration of the promises and covenants contained
herein, it is agreed by and between the parties hereto that:
I. Separation - It shall be lawful for each party at all times hereafter to live
separate and apart from each other at such place as he or she from time to time shall choose
or deem fit. The foregoing provision shall not be taken as an admission on the part of either
party of the lawfulness or unlawfulness of the causes leading to their living apart.
2, Interferences - Each party ~hull be free from interference, authority and
control by the other, as fully as if he or she were single and unmarried, except as may be
necessary to earry out the provisions of this Agreement. Neither party shall molest or attempt
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to endeavor to molest the other, or in any way harass or malign the other, nor in any other
way interfere with the peaceful existence, separate and apart from the other.
3. Custodv - Wife shall have primary physical custody of the child. Husband
shall have temporary physical custody at such times as the parties' mutually agree.
4. Visitation - The parties agree that Husband can have an open visitation
schedule.
5. Division of Real Propertv - (a) Husband agrees to transfer all his right,
title and interest in and to the real estate situated at 1109 Baldwin Street, Mechanicsburg,
Cumberland County, Pennsylvania, now titled in the name of Husband and Wife and agrees to
immediately execute now or in the future any and all deeds, documents or papers necessary to
effect such transfer to title upon request. Husband further acknowledges that he has no claim,
right, interest, or title whatsoever in said property and further agrees never to assert any claim
to said property in the future, Said transfer shall be effective upon the signing of this
agreement and shall be binding regardless of the marital status of the parties. Wife agrees to
indemnify and hold Husband harmless on the existing mortgage on the real estate.
(b) Wife agrees to pay Husband $3,000.00 and transfer the Dean Witter-
Morgan Stanley 401 K Retirement to Husband for his interest in the home.
6. Division of Personal Propertv - The parties have divided to their mutual
satisfaction, all personal property owned by them during the marriage including, but not
limited to, household goods and furnishings, personal effects and other property used by them
in common and neither party will make any claim to any of the personal property presently in
the possession of the other. Should it become necessary at any time for either party to
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execute any titles, deeds or similar documents to give effect to this paragraph, it shall be done
immediately upon request of the other party.
7. Marital Debts - The parties recognize that both parties have incurred debts
during this marriage. The parties agree as follows: (a) Wife agrees that she will be
responsible for the credit cards with the exception of Sears and First Card (Account No. 4250-
3696-4406-4667) which Husband has agreed to assume responsibility; (b) Each party will be
responsible for his/her own credit cards; (c) Any joint debts incurred during the marriage will
be closed; and (d) Wife will be responsible for the DAFCU loan regarding the Ford Contour.
8. Vehicles - It is agreed that (a) The Ford Contour will remain with the Wife
and the necessary paperwork will be completed to transfer the title to the Wife; and (b) the
Saab, which is titled to the Husband, will remain with the Husband,
9. Pension Benefits - The parties recognize that they are both participants in
pension plans. The parties have agreed as follows: (a) The Vanguard 401-K account will
remain with Wife; and (b) Deferred payment retirement accounts will be unaffected and
remain in respective accounts.
10. Child Support - Both parties reserve the right to have the matter of child
support reviewed in the future by the Domestic Relations Office.
II. Spousal Support - Each party hereby agrees not to claim or demand any
support for himself or herself, alimony pendente lite, permanent alimony, counsel fees or
expenses from the other party.
12. Medical Insurance - Husband agrees to provide medical insurance to cover
- Brian until he is no longer considered a ,!ependent in accordance with the health insurance
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policy. Medical insurance for Wife will discontinue at the time the Decree in Divorce is
issued.
13. Life Insurance - (a) Husband agrees to maintain at least a $50,000 life
insurance policy with the minor child's guardian until minor child reaches the age of 21.
. Proceeds arc to be entrusted to the minor chilcVto pay for his college tuition/education, (b)
Husband will receive a cash payout from the New England life insurance policy.
14, Federal/State Income Tax - The parties have agreed that the Wife shall
claim Brian as a dependent on all future income tax returns.
IS. Breach - If either party breaches any provision of this Agreement, the
other party shall have the right, at his or her election, to sue for damages for such breach.
The party breaching this contract shall be responsible for the payment of legal fees and costs
incurred by the other in enforcing his or her rights under this Agreement, or seeking such
other remedy or relief as may be available to him or her.
16. Full Disclosure - Husband and Wife each represent and warrant to the
other that he or she has made a full and complete disclosure to the other of all assets of any
nature whatsoever in which such party of every type whatsoever and all other facts relating to
the subject matter of this Agreement.
17. Additional Instrument - Each of the parties shall on demand execute and
deliver to the other any deeds, bills of sale, assignment, consents to change of beneficiary on
insurance policies, tax returns and other documents and do or caused to be done any other act
or thing that may be necessary or desirable to the provisions and purposes of this Agreement.
, If either party fails on demand to comply with this provision, that party shall pay to the other
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all attorneys' fees, costs and other expenses reasonably incurred as a result of such failure.
18. Wife's Debts - Wife represents and warrants to Husband that since the
parties' separation she has not and in the future sbe will not contract or incur any debt or
liability for which Husband or his estate might be responsible and shall indemnify and save
Husband hannless from any and all claims or demands made against him by reason of debts
or obligations incurred by her.
19. Husband's Debts - Husband represents and warrants to Wife that since the
parties' separation he has not and in the future he will not contract or incur any debt or
liability for which Wife or her estate might be responsible and shall indemnify and save Wife
hannless from any and all claims or demands made against her by reason of debts or
obligations incurred by him.
20. Waivers of Claims Against Estates - 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, curtesy, statutory allowance,
widow's allowance, right to take in 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, to the request of
the other, execute, 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.
21. Representation - It is recognized by the parties hertlo that the Wife is
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represented by Ira H. Weinstock, Esquire. It is fully understood and agreed that each party
has the right to have advise of independent counsel prior to the signing of this Agreement.
By the signing of this Agreement, the parties recognize that he/she fully understands the legal
impact of this Agreement and waives hislher right to have the Agreement reviewed by an
attorney of hislher choosing, and further intends to be legally bound by the terms of this
Agreement.
22. Effective Agreement - This Agreement shall bind the parties, their heirs,
executors, administrators and assigns,
23. Voluntarv Execution - The provisions of this Agreement are fully
understood by both parties and each party acknowledges that this Agreement is fair and
equitable, that it is being entered into voluntarily and that it is not the result of any duress or
undue influence.
24. Entire Agreement - 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.
25. Prior Agreement - 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
26. Modification and Waiver ~ Any"modification or waiver of any provision of
this Agreement shall be effective only if made in writing and executed with the same
formality as this Agreement. The failure of ~ither party to insist upon strict performance of
any of the provisions of this Agreement shall- not be,construed as a waiver of any subsequent
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NANCY E, KELLEY,
[N THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNA,
Plaintiff,
vs.
No. 98 - 3022 Civil Tenn
M[CHALE K. KELLEY,
Defendant.
Civil Action - Divorce
PRAECIPE TO TRANSMIT RECORD
TO THE PROTHONOTARY:
Transmit the record, together with the following infonnation, to the Court for entry
of a divorce decree:
I. Ground for divorce: irretrievable breakdown under Section 3301(c) of the
Divorce Code.
2. Date and manner of service of the Complaint: July 14, 1998 by the Sheriff.
3, Date of execution of the Affidavit of Consent required by Section 330[(c) of
the Divorce Code: by Plaintiff on December 14, 1998; by Defendant on December 14, 1998,
4, Related claims pending: All claims settled pursuant to the Property Settlement
Agreement executed on November 27, 1998 and filed with this Court,
5. Date Plaintiffs Waiver of Notice in Section 3301(c) of the Divorce Code was
filed with the Prothonotary: December I, 1998.
6, Date Defendant's Waiver of Notice in Section 3301(c) of the Divorce Code was
filed with the Prothonotary: December 1, 1998.
Respectfully Submitted,
IRA H. WEINSTOCK, P.C,
800 North Second Street
Harrisburg, P A 17102
Phone: 717-238-1657
. By: "'-PLed-/. LUD.u)L-icrtJ
[RA H. WEINSTOCK --
,._......_w.-..-
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NANCY E. KELLEY,
Plaintiff,
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNA.
vs,
No. 98 - 3022 Civil Action
MICHAEL K. KELLEY,
Defendant.
CIVIL ACTION - DIVORCE
WAIVER OF NOTICE OF INTENTION TO REOUEST
ENTRY OF A DIVORCE DECREE UNDER
SECTION 3301(c) OF THE DIVORCE CODE
2. 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. I consent to the entry of a final decrcc of divorce without notice.
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 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. ~4904
relating to unsworn falsification to authorities.
Dated:-1/ - ;;2 Lj - 0; r
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NANC " E, KELLEY U
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CASE NO: 199IJ'l~]\J::_: f'
COMllONWEALTH OF f'EIiW:;':'L 'I Mi I t,:
COUNTY OF CUMBERLAND
KELLEY NANCY E
V5.
KELLEY MICHAEL K
TIl10THY REITZ
____~J ~~lv:?rifi or D~.::,puty ~:~h':?rifi 01
CUI1BE:r~LAND CounLy, F'erllL::;:ylvani.3, who bf.?lnq (July sworn accordin9
to 1011/, says, the ....i t.hin !i!Ul:1,~TAU;[' llCiTI..0Xc.A1U!._____._ ,
upon KELLEY l1 ICflAfJ".J~_______._.,..__.___.____,_____.
dE'fendant, at _lO.1..L'2. flOUHS, on thE' LLUl dilY (,f "'U.l.}~_,
192~ at
11ECflANI~SBURG..llAVY DEPOT CA.fi.L,ISLE J~l)\E
was served
the
MECHANICSBURG, PA 170,;5 __'__'______________,. ClmBERLAND
County, Pennsylvania, by handIng to tLII:;.tiA;:;L...i5.. j';ELLEY
a true and at.tested copy of the f'~EHI:3TATED NOTICr AND
together I/ith COMPLAINT ~K DIVORCE
and at the same time directing Hi~::;_ attenti':Jfl to the contents thereof.
Sheriff's Costs:
Docketino
SE'rvice -
Affidavit
Surcharge
SrJ7Jff.~<~
18..00
8.68
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6.00
s"3'.,;. 58
1\. J homas hl.Lne, SherLLt
Sworn and subscribed to before ~'e
<w n,
this /~ - day 01'#1
19~__ A. D.
C)'r ~'o~,Jy$5~.--.-----
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NANCY E. KELLEY,
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNA.
Plaintiff,
vs.
No, 98 - 3022 Civil Term
MICHAEL K. KELLEY,
Defendant.
CIVIL ACTION - IN DIVORCE
PRAECIPE
TO THE PROTHONOTARY:
Kindly reinstate the complaint in the above-captioned matter.
Respectfully Submitted,
IRA H, WEINSTOCK, P.C.
800 North Second Street
Harrisburg, PA 17102
Phone: 717-238-1657
BY:~lC~ I-I. LdjJJjj>v'J -I-ccQ_
IRA H. WEINSTOCK