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HomeMy WebLinkAbout98-03461 - -' I u ~ lI) ~ :::: u ~ I I 1 I i i ~I i _I , I .. " ~l --I (JI I j I...... I \'...3 I ~! <<)1 ! , I . ' .&>0 : ,0-1 I. :~'*'***~***"*'~"-***~~~~*~}~'~~"*'*'~*-ro:~'~ ~ '...............-...-....-....----~ -~........ ~.---......, .......--....-----......--.........,"--'.,---~. '............ ..._.--.....---.....-~_...........-.......~-_..~~--...........'--'-.................~_-.----...._...........-----................ ~ ~ y ?- $ ~ :'~ ;$ ~.: ~ ~.~ ~ ~.~ ~ ~.~ ~ (; ~ r-~ $ IN THE COURT OF COMMON PLEAS ~ ~.~ ~ ,'., ~ v ~ ~ Prothonota,'y '.' ~ ~ ~ v ~ --~~-~-^~--,---..__.--_.,-...,,^,,---~_....,----..._~,..^.~ ,...."..)~ ~:'~'~'-*'~-'-~~*~***~*~***-'*.ffi***~*~~' ~ OF CUMBERLAND COUNTY ~ ~ ~.' ~ '.' I:~' ~..~ .',.. ..t"" ~ ~. :.t , c~.;~~dl'~ ,...~~",?..t~ STATE OF PENNA. ~ $ RONALD EUGENE SNELL, , .... ~ '.' 98-3461 No. """""" 1<) ~ ~.~ ~ ~ ~.' Plaintiff VCI';.'-;US BRENDA MILLER SNELL, $ Defendant $ ,i. ~ '.' ~ '.' DECREE IN ()jm D I VO R ~J:" ~i~ PA AND NOW, . . . " .. . . . k. #. e . " 19......, it is ordered and decreed that. . .R.~~A.~~ .E.~G.E.~E ,SN.E.~~ . " .. . . . .. . . . . '" . ,. . .. .. . " plaintiff, and ............ ~~~~~~. ~~~~~R. ~~~~~. . . .. . .. . . . . .. .. . . . . . . ''', defendant, are divorced from the bonds of matrimony. ~ ~ '.' ~ ~< .. ~ y ~ ~< ~ ;'; ~ ;'; ~ ~.' ~ ~.~ 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; .,....,. .,...... .... .,...."..........,.., '...'.....".....'.........,...., ,". .."........,.........,........ ,..,'.... ........ ""'.' ", P';" J: I~ 1* ~ '.' ,.~ ~ ~ ',0 ~ ',' ,,~ , ~ ~ I '.' ~ ~ ',' ~ '.' ~ :f: .. ~ ~ ~ '.' ~ r.o. ~ y ~ ~.' ~ ... ~ '.' $ '" ~ ~ :.~ ~ ~.; ~ ~ ... ~ ~.' ~ '.' ~ ~,. * ~ ~ $ ~ f J \.11 V\MJnnt' <ord RONALD EUGENE SNELL, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v, NO. 98-3461 CIVIL TERM BRENDA MILLER SNELL, Defendant CIVIL ACTION - DIVORCE o R D E R AND NOW, this 1t~"y of oc:t~ , 1999, the property settlement agreement between the parties dated September 9, 1999, and attached hereto is hereby incorporated into the Decree in Divorce. BY THE COURT: J. ~, }) . ~j I SECTION I INTRODUCTION THIS AGREEMENT made this LoJh day of ~ 1999, by and between BRENDA M, SNELL ("Wife") and RONALD E. SNELL ("Husband"). WITNESSETH: WHEREAS, Brenda M. Snell, Social Security Number 159-50-3241, was born on August 20, 1954, and currently resides at 1228 Edinburg Circle, New Cumberland, Cumberland County, Pennsylvania 17070. WHEREAS, Ronald E. Snell, Social Security Number I 'l/-4tJ-991/:1, was born on February 17, 1952, and currently resides at 1308 Kelton Road, Camp Hill, Cumberland County, Pennsylvania 1701 I. -J<,he... ~ WHEREAS, the parties hereto are Husband and Wife, having been married on ~ 17, 1978, GI-8 in Camp Hill, Cumberland County, Pennsylvania. .t2cl~ WHEREAS, the parties are the parents of two children, namely, Erin Snell, born February 28, 1981, and Megan Snell, born October 22, 1983. WHEREAS, diverse unhappy differences, disputes and difficulties have arisen between the parties, and it is the intention of Wife and Husband to live separate and apart for the rest of their natural lives, and the parties hereto are desirous of settling fully and finally their respective financial and property rights and obligations as between each other, including, without limitation, the settling of all matters between them relating to the ownership of real and personal property, the equitable distribution of such property; the settling of all matters between them relating to the past, present and future support and/or maintenance of Wife by Husband or of Husband by Wife; and, in general, the settling of any and all claims and possible claims by one against the other or against their respective estates. NOW, THEREFORE, in consideration of the mutual promises, set forth herein and for other good and valuable considerations, Wife and Husband, e.~ch intending to be legally bound hereby agree as follows: 5, ADVICE OF COUNSEL The provisions of this Agreement and their legal effect have been fully explained to Wife by her attorney, Cara A. Boyanowski, Esquire. The provisions of this Agreement and their legal effect have been fully explained to Husband by his attorney, Elizabeth B. Stone, Esquire. The parties acknowledge 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 circumstance, fair and equitable and that it is being entered into freely and voluntarily, after having received such advice and with such knowledge and that execution of this Agreement is not the result of any duress or undue influence and that it is not the result of any collusion or improper or illegal agreement or agreements. 6, TAX PROVISIONS The parties believe and agree, and have been so advised by their respective attorneys, that the division of pro petty heretofore made by this Agreement is a non-taxable division of property between co-owners rather than a taxable sale or exchange of such property. Each party promises not to take any position with respect to the adjusted basis of the property assigned to him or her or with respect to any other issue which is inconsistent with the position set forth in the preceding sentence on his or her federal or state income tax returns. The parties have heretofore filed joint federal and state tax 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 determined to be the cause of the misrepresentations or failures to disclose the nature and extent of his or her separate income on the aforesaid joint returns. 7, PERSONAL RIGHTS Wife and Husband may and shall, at all times hereafter, live separate and apart. They shall be free from any contact, restraint, interference or authority, direct or indirect, by the other in all respects as fully as if they were unmarried. Each may, for his or her separate use or benefit, conduct, cany on and engage in any business, occupation, profession or employment which to him or her may seem advisable. Wife and Husband shall not molest, harass, disturb, or malign each other or the respective families of each other nor compel or attempt to compel the other to cohabit or dwell by any means whatsoever with him or her. 5 8, MUTUAL RELEASES Except as otherwise expressly provided by this Agreement: A. Each party hereby absolutely and unconditionally releases and forever discharges the other and the estate of the other for all purposes from any and all rights and obligations which either may have or at any time hereafter have for past, present or future support or maintenance, alimony pendente lite, alimony, equitable distribution, counsel fees, costs, expenses and any other right or obligation, economic or otherwise, whether arising out of the marital relationship or otherwise, including all rights and benefits under the Pennsylvania Divorce Code of 1980, its supplements and amendments, as well as under any other law of any other jurisdiction, except and only except all rights, agreements and obligations of whatsoever nature arising or which may arise under this Agreement or for the breach of any provision thereof Neither party shall have any obligation to the other not expressly set forth herein. B. Each party hereby absolutely and unconditionally releases and forever discharges the other and his or her, heirs, executors, administrations, assigns, property and estate from any and all rights, claims, demands or obligations arising out of or by virtue of the marital relationship of the parties or otherwise, whether now existing or hereafter arising. The above release shall be effective regardless of whether such claims arise out of any former or future acts, contracts, engagements or liabilities or the other or by way of dower, curtesy, widow'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 participate in a deceased spouse's estate, whether arising under the laws of Pennsylvania, any state, commonwealth or territory or the United States, or any other country. It is expressly understood, however, that neither the provisions of this release nor the subsequent entry of a divorce decree are intended to defeat the right of either party to receive any insurance proceeds at the death of the other of which she or he is the named beneficiary (whether the beneficiary designation was made prior or subsequent to execution hereof), nor to defeat the right of either party to receive any legacy, bequest - or residuary portion of the other's estate under his or her will, or to act as personal representative or executor if so named by the will of the other, whether such will was executed prior or subsequent to this Agreement. C. Except for any cause of action for divorce which either party may have or claim to have, and except for the obligations of the parties contained in this Agreement and such rights as are expressly reserved herein, each party gives to the other by the execution of this Agreement an absolute and unconditional release and discharge from all causes of action, claims, rights or demands whatsoever, in law or in equity, which either party ever had or now has against the other. 6 13, LAW OF PENNSYLVANIA APPLlCAIlLE This Agreement shall be construed in accordance with the laws of the Commonwealth of Pennsylvania. 14. AGREEMENT BINDING ON HEIRS Except as may otherwise be provided, this Agreement shall be binding and shall inure to the benefit of the parties hereto and their respective heirs, executors, administrators, successors, and assigns. 15, INTEGRATION This Agreement constitutes the entire understanding of the parties and supersedes any and all prior agreements and, negotiations between them. There are no representations or warranties other than those expressly set forth herein. 16, OTHER DOCUMENT A nON Wife and Husband covenant and agree that they will forthwith (within ten (10) days at most after demand thereot) execute any and all written instruments, assignments, releases, satisfactions, deeds, notes or such other writings as may be necessaIy or desirable for the proper effectuation of this Agreement. 17. NO WAIVER OF DEFAULT This Agreement shall remain in full force and effect unless and until tenninated under and. pursuant to the tenns of this Agreement. The failure of either party to insist upon strict perfonnance 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 breach of any provision hereof be construed as a waiver of any subsequent default of the same or similar nature, nor shall the waiver of any breach of any provision hereof be construed as a waiver of strict perfonnance of any other obligations herein. 8 , I I, SECTION 11/ ~~ ALIMONY AND ALIMONY PENDENTE LITE PROVISIONS " , \. I. ALIMONY The parties acknowledge and agree that the provisions of this Agreement providing for equitable distribution of marital property are fair, adequate and satisfactory to them and are accepted by them in lieu of and in full and final settlement and satisfaction of any claims or demands that either' may now or hereafter have against the other for support, maintenance, alimony pendente lite or alimony. Husband and Wife further, voluntarily and intelligently, waive and relinquish any right to seek from the other payment for support, maintenance, alimony pendente lite or alimony. IO , . SECTION IV PROPERTY DISTRIBUTION PROVISIONS I. PERSONAL PROPERTY j , Husband and Wife do hereby acknowledge that they have previously divided their tangible personal property including, but without limitation, jewelry, clothes, furniture, furnishings, rugs, carpets, household equipment and appliances, pictures, books, works of art and other personal property. Wife agrees that all of the property in the possession of Husband shall be the sole and separate property 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 parties do hereby specifically waive, release, renounce and forever, abandon any claims which either may have with respect to the above items, which shall thereafter be the sole and exclusive property of the other. The parties further agree that the parties' piano and computer system, presently in the possession of Husband, shall be viewed not as marital property, but as the personal property of the parties' two children, Erin Snell and Megan Snell. Thus, neither party shall have the right to encumber or sell such property unless he/she receives written authorization from both children. 2, RETIREMENT BENEFITS The parties agree that Wife shall retain sole ownership and possession of all of her retirement benefits and plans, including her retirement/pension plan through William A. Sullivan, M.D., and Husband specifically releases and waives any and all interest, claim or right that he may have to these assets. The parties further agree that Husband shall retain sole ownership and possession of all of his retirement benefits and plans, including his retirement/pension plan with Commonwealth of Pennsylvania, and Wife specifically releases and waives any and all interest, claim or right that she may have to these assets. 3. INHERITANCE/STOCKS Husband and Wife acknowledge that Wife is the owner of various stocks, which were received by Wife through an inheritance from her aunt. Husband and Wife agree that these stocks are the sole and separate property of Wife, and Husband hereby specifically releases and waives any 11 fl\div\enoll.com\6_98 RONALD EUGENE SNELL, Plaintiff v. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO, ? f - -3 '{ Go I Cu.;,) / -'-'~- BRENDA MILLER SNELL, Defendant CIVIL ACTION LAW IN DIVORCE COMPLAINT FILED UNDER ~3301 (C) AND ~3301 (D) 1. The Plaintiff in this action is Ronald E. Snell, an adult individual, who currently resides at 1308 Kelton Road, Camp Hill, Cumberland County, Pennsylvania 17011. 2. The Defendant in this action is Brenda Miller Snell, an adult individual, who currently resides at 1109 Columbus Avenue, Village at Highland Park, Lemoyne, Cumberland County, Pennsylvania 17043. 3. Both the Plaintiff and the Defendant have been bona fide residents of the Commonwealth of Pennsylvania for at least six (6) months immediately previous to the filing of this complaint. 4. The Plaintiff and Defendant were lawfully joined in marriage on June 17, 1978, in Camp Hill, Cumberland County, Pennsylvania. 5. There have been no prior actions of divorce or for annulment between the parties hereto in this or any other jurisdiction. 6. The Plaintiff avers as the grounds upon which this action is based is that the marriage between the parties hereto is irretrievably broken and the parties have been living separate and apart from each other for at least two years as of the date of the filing of this divorce complaint. -1- 7, The Plaintiff avers that two children have been born of this marriage. B. The Plaintiff has been advised that counseling is available and that the Plaintiff may have the right to request that the court require the parties to participate in counseling. 9. The Plaintiff requests the court to enter a decree of divorce. COUNT II Request for Equitable Distribution of Marital Property Under Section 3502(a) of the Divorce Code 10. Paragraphs 1 through 9 above are incorporated by reference herein as though fully set forth at length. 11. The plaintiff and defendant have acquired property both real and personal during their marriage until the date of their separation. The plaintiff and defendant have been unable to agree as to an equitable distribution of said property. WHEREFORE, plaintiff prays for the entry of an order distributing all the aforementioned property real and personal as the Court may deem equitable and just plus costs. -2- I verify that the statements made in this complaint are true and correct. I understand that false statements herein are made subject to the penalties of 18 P,C.S. ~4904, relating to unsworn falsification to authorities. Date: c:, -Ii -pi / ,~~ ;/? I ~c.<,/tY ~-;<- 1t0.JfdfJ RO ALD EUGENEV NELL STONE LaFAVER & SHEKLETSKI ,/=:2--- ,". --. .~'. ,/ ." . ./ ' , El': eth/13'. St;one, Esquire upreme/Court,/ID 1/60251 414 I?9dge<;;;treet, P.O. Box E Ne~Cu~ejland, PA 17070 Telep~e 717-774-7435 Attorneys for Plaintiff By ---~ .,./"'- -3- !t , , , I , I .' j Z 143 615 079 us PoSlal Service Receipt for Certified Mail No Insurance Coverage Provided. Do not use for International Mail See reverse Sent 10 BRENDA MILLER SNELL S'Te' & Number age at g an 1 09 Columbus Avenue Post Olflce, Slale. & ZIP Code Lemoyne, PA 17043 Poslage $ Cortified Fee Special Delivery Foe ,. "..- '. ..01....S Idl.o.1l UJnl.1l BUIS "" 5" "s >- .-- "'" u" "u ~'~ -" .J::.U)., '" - '~ g'm 'lo- gol!! 'iil'gx --" ill l!? ~ ai "0 ~ ~ ~ ~ .E '" Cl ~ ':g al g ill u '" l'! :s g ." 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