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Home My WebLink About98-03072 ";S' :s d I I ~I I ~I ~I al \ \ I I J I ! . I ;/ ,. r I ~l- .,,;' f ./ ~-~ I I (I ...1 ~1 - , .. ~ '.. C) ~! j C' IV) 'I 0. ~ ~' '"' .:+:. .:.:.' .:.:. .:+:. .:+:. -:.:. .:+;. .:<<. .:<<. .:+:. .:+:. .:.:. .:+:. .~+:. .~.:. .:+:' ':.:. ':+:. .:+:. .:+:.:. ,~+~. <rc,:., <+:. .:+;. 0:+:' .:+> .:.;. .:C..:.:.: -11_ ~ "''''~'~~-'~-"-,,.-._.,..P'''''' '" ',....".,.."",....,. "".. "" .".._".._.."..,._,...,~ ~ ~ i ~ ~ " ~ 8 M " 8 ~ ~ '''', ~.... ...,-, , .;>>:. .. .>>:. .>>:. .:.:. ,', ~ ~ ., ~ ,', ~ ~l ~ " $ " ~ ~ ~ s 8 ~ ~ i' 8 " ., M ~I ~I ~ ~! ~ ~ ~ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY STATE OF PENNA, MELISSA E. DOUD, Plaintiff N (),!}~::3()7.2 C~V:I~" ,', ~ Ii ;! !i! '.~ ,'\ ~ V{'I'';';Ull ,', ~ BRIAN L. DODD, ,', ~ Defendant DECREE IN DIVORCE 'Ipfl",ehr"- r~ 98 AND NOW,.. , " " ,2.,~ " " " , , .. , ", 19.".." it is ordered and decreed that "Mell,~~a. ,E." DO,~d,., , , "'''''''' '''''''' " ", plaintiff, and "Bz:ia~ ,I::, ~~u~" , , . , , " "" , , , , , , " , " , , . , , " ,,, . , , , " defendant, are divorced from the bonds of matrimony. The court retains jurisdiction of the following claims which have been roilled of record in this actiun for which a finol order has not yet been entered; Tbe Marital Settlement Agreement dated August 26, 1998 is ..., ,.,',.,."."...".""""., ".""".'.".'....""'..,."'..,."..., hereby incorporated into this Decree in Divorce. ,.., ...,....".." """', "'" ",...,.,."...."...,."".",.""..".. Oy The C02I't:// _I!/~ / 1/ /' .. . ..,' (e,.-;) _L; C/ L., (, r. AlI.ot Q du"?; /:~, ,t?';M-'~< ';1' .,'IC:(~114 F ?~.4, 9j ~ Pl'othonotal'Y J. - ~. ..~. .:-t:. .3t:. .:+:. .:.:. .:.:. .:+:. .:+:. .:+:. .:.:. .:+:. <+:. .:+:' .:.:. .-~-.-, .. ~ 0:+:. .:+:. ':+:. ,~.:. .:+:. .:+:. .:+:. .:+:. .:+:' .:+:. ,', * "' ... ~ '.' ~ ~ "' ~ "' ~ ~ S ,', '.1 M " ~ ~ "' ... ~'.. ,', ~ ,'~ ~ ,', ~ ,', '.I " " .'~ ~ l~ ~ ,', ~ ~ '.' ~ " w. ',' ,', ~ ,', ~ ~ ',' ,', ~ ~ v ,', ~ ,', * ,., ~ w ., ,', ~ ,', ~ .. '; and and MARRIAGE SETTL1I:HI!:NT AGRJUlNII:NT THIS AGRE:E:ME:NT mado tills -.!1Uelay Of~~1,.VI.r ., 1998, by between Brian 1.., Doud, (herei.naftor referrea to as "Husband, ") Melissa E:. Douel, (here:inaftor referr'ed to as "Wife"), Wn'NESSE:TH: WHERE:AS, the Husband nnd Wife were la~lfully married on Sept. ember 15, 1990; and WHEREAS, differences have ari.sen between Husband and Wife in Consequence of which they intend to live apart from each other; and WHEREAS, one child born of this marriage, Brianna Lee Do~d, born April 6, 1992; and WHEREAS, Husband and Wife desire to set.tle and determine their rights and obligations; and NOW, THERE:PORE, the parties intending to be legally bound hereby do Covenant and agree as fallows; 1 . SEPARATION It shall be lawful for each party at all times hereafter t.o live separate and apart from the other party at such place or places as he or she may from time to time choose or deem fit, The foregoing provisions shall not be taken as an admission on the part of either party as to the lawfulness or unlawfulness of the causes leading to their living apart. 2 . INTERFI!:RB:NCE Each party shall be free from interference, authority, and contact by the other as fully as if he or she were single and unmarried except as maybe necessary to carry out the provisions of the agreement, Neither party shall molest the other or attempt to endeavor to molest the other, nor compel the other to cohabit with the other, or in any way harass or malign the other, nor in any way int.erfere with the peaceful eXistence, separate and apart from the other, and each of the part:i.es hereto completely understand and agree that neither shall do or say anything to the child of the parties at any time which might in any way influence the child adversely against the other party. 1 ,. 3, DIVISION OF PERSONAL PROPERTY The parUeA have aqt'()od t::> divide and have aiready divided between them to theJ.r' mutual Aatisfaction the personal affects, household furniture and furnishinqs and all other articles of personal property which heretofore have been used by them in corrunon, Neither party wi.ll makl" any claim to any such items which are now in the possession or under the control of the other, 4 , AUTOMOBILES 1'he parties agree t.o maintain their separately owned vehicles and shall be solely responsible for all payments, maintenance, insurance and ot.her costs or fees related to their respective vehicles. Each partl aqrees to indemnify and hold the other harmless for any and all liability related to their respective vehicles. 5, DIVISION OF MARITAL HOME The Husband is the titled owner of the parties former mari tal mobile home located at 104 Hawk Court, Mechanlcsburg, Pennsylvania. Husband is residing in the home. Husband agrees to be solely responsible fat' all maintenance, taxes, fees or other costs related to the home. It is the intent of the partles to sell the traller and equally divide the net proceeds. Husband shall be entitled to continue to reside in the home, Husband may not encumber, rent or enter into a sales aqreement or agreement of sale wlthout the written consent of Wife. Upon the sale of the trailer, the net proceeds shall be equally divided. 6. MARITAL DEBTS Wife shall be responsible for the remalning marital debt on the CitiBank MasterCard, 5424 1603 5508 9639. All other jointly owned marital debts have been paid. Husband shall be responsible for all m<lrital debts solely in his name and Wife shall be responslble for all marital debts solely in her n<lme. Husband shall lndemnify and hold Wife harmless for any debt in his name. Wife shall indemnify and hold Husband harmless for any debt in her name and the CitiBank account. 7. SUPPORT, ALIMONY PENDENTE LITE' ALIMONY The parties hureby waive, release, dlscharge and give up any rights which either may have against the other to receive spousal support, alimony pendente Ilte or aU,mony. 2 ., 8 , PENSION AND RETIREMJl:NT ACCOUNTS Husband and Wife shall maintain their separate pension and/or reUremenL accounts. Husband relinquishes any and al1 rights he may have In Wife I s pension or reUrement accounts and Wife relinquishes any and all r:l.ghts she may have in Husband's pension or retirement accounts. 9 . SHARED CUSTODY The parties agree that they shall share legal custody of their child, This means that the parties shall consult with each other regarding the major parenting decisions affecting the child's health, education and welfare, Husband and Wife shall share physical custody of the parties' minor child, The parties agree to use their best efforts to insure that their child has regular and meaningful contact with the other parent, The parties agree and understand that any custody schedule will need to be flexible to adjust to the various work and living arrangements of the parties. 10, MEDICAL/DENTAL INSURANCE AND EXPENSES Husband is providing medical/dental coverage for the child through his employer. Husband shall continue to provide the medical/dental coverage if such coverage is available at a reasonable cost as part of his employment benefits, whether or not such benefits are paid directly by the employer or by partial contribution by Husband. Wife and Husband agree to each pay one half of all unreimbursed and deductible medical & dental expenses related to their child, Husband and Wife also agree to each pay one half of the cost of the child's extracurricular activities. 11. FILING OF IRS RETURN Husband and Wife agree to file a separate tax return for tax year 1998 provided that the divorce is finalized. If the divorce is not final the parties wil1 file a joint return. The parties shal1 file separate tax returns in all subsequent years. Unless the parties agree otherwise or the custody arrangem~nt as set forth in paragraph 8 changes, the parties shall alternate claiming the child as an exemption. 3 .. 12 , DIVORCE The parties agree to Cooperate with each other in obtaining a final divorce of the marriage, It is agreed that at the ~xpiration of the mandatory 90 day waiting period the parties shall execute and file the documents necessary to obtain a divorce. 13. INCORPORATION This agreement IS to be incorporated into any subsequent Degree in Divorce. 14 , CONTINUED COOPERATION The parties agref' that they will within fifteen days after the execution of this agreement execute any and all written instruments assignments, releases, titles or notes or other such writings as may be necessary or desirable for the proper effectuation of this agreement. 15. BREACH If either party breaches any provision of this agreement, the other party shall have the right, at his or her election, seek specific performance and/or to sue for damages for such breach, and the party determined to have breached this contract shall be responsible for the payment of legal fees and costs incurred by the other in enforcing their rights under this agreement or for seeking such other remedies or relief as may be available to him or her. 16 . VOLUNTARY AGREEMENT The provisions of this agreement are fully understood by both parties and each party acknowledges that the 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. 17 . WAIVER 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, widows allowance, right to take in intestacy, right to take against the other's will and the right to act as administrator or executor of the other's estate. 'I f " 0 .0 q C c..o ;~ en : ! ;:1' l1J fl1 ,\ ''11 ru['\ "0 :,~~~ ......:JI N -.~r ~/J ~',-;.~ - "'J .....""...' 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