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HomeMy WebLinkAbout98-06334 - - tJ ~: '" :> -, -. ~I , \ " ".11,. "'-\ \ \ . ~j ~ -, . I - , ,.;) I .....1 "01 I ::,...1 I ~l IY)! I "J ~I ~ " ~ ~ ;,: ~ ~ ' ~-,- --~~-- :>..:. 1t:. -:.:. .:+:. .:+:. ~.' ~i "'/ ~~ 'I ~ ~ ~I M ~I ~I , , ~I ~I ~~ , I ~, ",! ~' '.' ~ ,', " ~ ~ .'~ ~ ~ ~, $ " ~. ;i ',' ~ ~. ~ '.' ~ '.' ,;, " ~ .,' ~ ., " .:+:. .:<<. .:.:. .:.:. .:.:. 8 i '..-....'-~.~. ~ '~ - ." "\ ~1 IN ~i ~l '.'1 ~ .~.*"*.**.*~:~.,~..*..*,.~~,.*..*)*~**.~**-~:~ - .-, .,,-"--'''_._--~--.~ ~ '. ~ '. THE COURT OF COMMON PLEAS ,', ~ ~ '.' OF CUMBERLAND COUNTY ~. ~oE.~ "'~~",ni=ri" I t\~-~<<;;.,1. l~ * s ~ '.' .- ~, STATE OF PENNA. LARRY W. KELL, DEFENDANT ~ '.' :\ (I, 98-6334 CIVIL I (fi9 ~ ... .', ~ \'I'r,ll, ,', ~ DAWN L. KELL, s PLAINTIFF ~ ~ ,~ DECREE IN DIVORCE ~ ~ '.' ~ ~ ... AND NOW, .. .. M~, e.,~, . ,.z,. 3" '.. .. " 19 ttj, '. if is ordered and decreed fhaf ",,'.',,'.,.,..,'., ):,r.!\IlH, ,I'!, , !<.E,I,L, , , , , , , , , , , , " plaintiff, and, ,'., ",' "" " ,,"" .,., .. ., ,D~!'I~, ,1;0, )<,F;Lj:,.""""."" defendant, are divorced from the bonds of mafrimony. ~ ~ ~.~ ~ ~ ~': ~ 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; ~ $ ~ ~ , ,TfJ,& ,PA.R:UJ;:S, ,MJl.aRI.^GE, ,SETTLEMEN,T ,AGREEMENT. DATED, DECEMBER, 1,6. . . ~ g,9,!l, ..I,Ei .I:IEREBY, M^DE, ,AN. ORDER, ,OE' , CO.URT., , , , , , , , , ' , , , , , .. , , .. , , , . , ~ ~ ~ By T),C',!a~;;;:t o~. utr., Attc.l: V ~ I){!~ ' , "CTr1prOlhon~lnrY $ ~ J l~ . " (~ /'.' II ~ :.: I: .-..~_-...-...-.., ""---.~.~-~..---, .',". - ., -., _._-~_."_.,. '-'-'.-. .~ ,.,..-, ..~.'~-, .,. -., -- ) ~ >>---*~-********~**~.***~: THIS I\GRE>>lFNI', lmde this ,(.'(1. day Of>e.c~ ,1998, by and between UlRRY W, KELL, hereinafter called Husband, and DAWN L. KELL, hereinafter called Wife; WI'lNESSETH: WHEREAS, Husband and Wife are lawfully ITI3rried; and WHEREAS, differences have arisen bet~n Husband and Wife in consequence of which they have lived separate and apart fran each other and agree to consent to the entry of a no-fault divorce; and, WHEREAS, Husband and Wife desire to settle and determine their rights and obligations. NCW, THEREEORE, the parties, intending to be legally bound hereby, agree as follows: 1. Separation. It shall be lawful for each party at all tiJres hereafter to live separate and apart fran the other at such place as he or she ITI3Y fran tire to tire choose or deem fit. The foregoing provision shall not be taken as actnission on the part of either party of the lawfulness or unlawfulness of the causes leading to them living apart. Each party shall be free fran interference, authority and control, direct or indirect, by the other as fully as if he or she were single and UI1Il'arried. Neither shall molest the other or compel or endeavor to compel the other to cohabit or dwell with him or her, 1 2. Division of P~rty, Wife shall be given possession of the dc:xJs previously owned by the parties together with the sofa axl, love scat and chair fran the living roan in the fomer marital re!lidcnce, Upon delivery to wife of the Sl!l11 of Five Hundred ($500) COllars, wife shall assign to Husb.md all of her interest in the Chevrolet pick-up in Husband's possession. Husband and Wife acknO'o'lledges that they have distributed 0111 other personal property which constitute marital property to their llUltual satisfaction and each shall retain such property as is currently in their possession as their sole property, including but not limited to all personal and household furnishings, vehicles, bank savings and checking accounts, and charge accounts, The parties agree that they waive any claim and all interest in the other's retiresrent programs including but not limited to all pensions, prOfit-sharing, deferred carpensation, and benefits, and agree to sign any documentation reasonably requested to effectuate this waiver of interest, 3. .llebts. Except for the debts and obligations created hereunder, each party agrees to pay and hereby agrees to hold the other harmless frem any and all personal debts and obligations incurred by him or her subsequent to the date of separation which occurred October 11, 1998. If any claim, action or proceeding is hereafter brought seeking to hold the other party liable on account of such debts or obligations, each party will at his or her sole expense defend the other party against any such claim, action or proceedings, whether or not well-founded, and indermify the other party against any loss or liability resulting therefran. 2 4, F.(lllitilble Property. This agrcarcnt constitutes an equitable division of the parties' marital property, The parties have determined that the division of this property confo~q with regard to the rights of each party, The division of existing marital proper.ty is not intended by the parties to constitute in any way a sale or exchange of assets, and the division is being effectuated without the intreduction of outside funds or other property not constituting the matrimonial estate. Each party hereby acknowledges that this agreerrent adequately provides for his or her needs and is in his or her best interest, and that the agreerrent is not the result of any fraud or undue influence 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 Cede. S, The right to obtain an income and expense statement of the other party as provided by the Pennsylvania Divorce Cede. C. The right to have the court determine which property is rrarital and which in non-rrarital, and equitably distributable between the parties that property which the court determines to be rrarital. D. The right to have the court decide any other rights, remedies, privileges, or obligations covered by this agreement, including but not limited to possible claims for divorce. spousal support, alimony, alimony pendente lite (temporary alimony), and counsel fees, costs and expenses. 3 5, Rl'lmse of 1\11 Cl.a.im.s, Each party, except as otherwise provid<xl tor in this lIqwaICnt, releases the other tran all claims, liabilities, debts, obligations, actionJ and causes of action of every kind that have been incurred, or may be incurred, relating to or arising tran the marriage between the parties, including waiving any claim to their respective pensions or retirement accounts, However, neither party is relieved or discharged frem any obligations under this Agreerrent or under any instrurrent or docurrent executed pursuant to this Agreement. 6, Br~ach. If either party breaches any provision of this Agreerrent, the other party shall have the right, at his or her election, to sue for damages for such breach, and seek any other remedy allo~~ in law or equity. The party breaching this contract shall be responsible for the payrrent of legal fees and costs in=red by the other in enforcing his or her rights under this Agreerrent, or seeking such other remedy or relief as may be available to him or her. Waiver by one party of any breach of this Agreerrent by the other party shall not be deerred a waiver of any subsequent breach. 7, Full Disclosllre. Husband and Wife each represent and warrant to the other that he or she has made a full and canplete disclosure to the other of all assets of any nature whatsoever in which such party has an interest, of the source and arrount of the incare of such party of every type whatsoever and all other facts relating to the subject matter of this Agreement. a, Divorce. This Agreement shall not be construed to affect or bar the right of either Husband or Wife to a true and absolute divorce on legal and 4 action in divorce in the Court of Couron PleaD of Currl::crland County, in which truthful grounds as they now exist or lMY hereafter arise, It is understood, however, that flusband, as of the signing of this Agrcarent, has filed an he alleges that the marriage is irretrievably broken, Both parties understand and agree that Husband shall continue to pursue said divorce on the grounds that the marriage is irretrievably broken, and that both parties will execute, .. :' t and deliver upon the execution hereof the necessary affidavits and all other docI.m'ents necessary to effectuate the divorce pursUilllt to Section 3301 (c) of 9, Rp.presentation of Parties by <-"Imsel. !:.ach party has been the Divorce Code, represented by legal counsel in the negotiation and preparation of this Agrement. !:.ach party has carefUlly read this Agrement and is carpletely i aware, not only of its contents, but also of its legal effect. ~ 10. IIMitional Instmments. !:.ach of the parties shall on demand or within a reasonable period thereafter, execute and deliver any and all other docurrents and do or cause to be done any other act or thing that rray be necessary or desirable to effectuate the provisions and purposes of this Agrement. If either party fails on demand to carply with the provision, that party shall pay to the other all attorneys' fees, costs and other expenses reasonably in=red as a result of such failure. 11. Mcrli fie-LItion imd Waiver. 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 either party to insist ~:. ".ii', ~, i&;, 5 upon strict pcrfollTnncc of any of the provisions of this IIqrcaront shall not be construed as a waiver of any subsequent default, 12, D:!scriptivr' Hp,,(lings. The descriptive headings used herein arc for convenience only, They shall have no effect whatsoever in determining the rights or obligations of the parties. 13. Governil1Q law. This IIgrearent shall be governed by and shall be construed in accordance with the laws of the Commonwealth of Pennsylvania. 14. Ordpr of ('nnrt. With the approval of the court this Agreerrent shall be incoLpOrated in any decree of absolute divorce, IN WITNESS WHEREOF, intending to be legally bound hereby, the parties hereto have hereunto set their hands and seals the day and year first above written, WITNESS: ----- ~ ~~ ~ ~ /~tJ W lARRY ~ KELL (SE:AL) ,~ /LA,'-\' v ~<>-L~~~ iG u , DAWN L, KELL (SE:AL) 6 {:; ~ . !' J' " .~ . a '11 .:1 M::!J ,- ;'j61'11 ') ~l:t ,.. - -i:! ),., (jl" -I ~ . '~ (-.~ '."} .,..J 1 /",' I.) ::? :";? :,.) -0 ! ~'\ LARRY W. KELL, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v, NO, 98. (, j l' I CIVIL TERM DAWN L. KELL. Defendant CIVIL ACTION.LAW IN DIVORCE NOTICE TO DEFEND AND CLAIM RIGHTS i- I" r You have been sued in court If you wish to defend against the claims set forth in the following pages, you must fake prompt action, You are warned that if you fail to do so. the case may proceed without you and a decree of divorce or annulment may be entered against you by the court, A judgment may also be entered against you for any other claim or relief requested in these papers by the Plaintiff. You may lose money or property or other rights important to you, including custody or visitation of your children. When the ground for the divorce is indignities or irretrievable breakdown of the marriage, you may request marriage counseling, A list of marriage counselors is available in the Office of the Prothonotary at the Cumberland County Court House, Carlisle, Pennsylvania, ~ , ! IF YOU DO NOT FILE A CLAIM FOR ALIMONY, MARITAL PROPERTY. COUNSEL FEES OR EXPENSES BEFORE THE FINAL DECREE OF DIVORCE OR ANNULMENT IS GRANTED, YOU MAY LOSE THE RIGHT TO CLAIM ANY OF THEM. YOU SHOULD TAKE THIS PAPER TO YOUR ATTORNEY AT ONCE. IF YOU DO NOT HAVE AN ATTORNEY OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP, " Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 Telephone: (717) 249-3166 I' r' F , Ii ..... , ~~.:'~ , ~' '~: '~ :',\ LARRY W. KELL, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 98- (. -';"'/ CIVIL TERM DAWN L. KELL, Defendant CIVIL ACTION-LAW IN DIVORCE COMPLAINT UNDER SECTIONS 3301 (C) AND 3301 (0) OF THE DIVORCE CODE 1. Plaintiff is Larry W. Kell, an adult individual who currently resides at 552 York Road, Carlisle, Cumberland County, Pennsylvania. 2. Defendant is Dawn L. Kell, an adult individual who currently resides at19 Burgners Mill Road, Carlisle, Cumberland County, Pennsylvania. 3. Plaintiff and Defendant have been bona fide residents in the Commonwealth of Pennsylvania for at least six months immediately previous to the filing of this Complaint. 4. The Plaintiff and Defendant were married on June 18.1994, in Cumberland County, Pennsylvania. 5. There have been no prior actions of divorce or for annulment between the parties. 6. The marriage is irretrievably broken. 7. The Plaintiff has been advised of the availability of counseling and that she may have the right to request that the court require the parties to participate in Counseling. Ii I VERIFICATION I verify that the statements made in this Complaint are true and correct. understand that false statements herein are made subject to the penalties of 18 Pa. e.s. ~ 4904, relating to unsworn falsification to authorities. ./~ #A) c?'O),..d "..- RRY/W. KELL Date: 10/11/,18 I \.') 0 ,.;, ,\ , J "I: ." i-" ,-.) t\l\ 1'-' ,'( ..\~ . .IS? .,-d ;.~ l,") I".-."! :..>:'1"\ .~ "\ .~,) ,~ .- - ,0 :1. LARRY W. KELL, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 98-6334 CIVIL TERM Plaintiff v. DAWN L. KELL, Defendant IN DIVORCE AFFIDAVIT OF CONSENT, ACCEPTANCE OF SERVICE AND WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF DIVORCE DECREE UNDER SECTION 3301(C) OF THE DIVORCE CODE 1. A complaint in divorce under Section 3301(C) of the Divorce Code was filed on November 9, 1998. 2. Defendant acknowledged receipt and accepted service of the Complaint on November 9, 199B. 3. The marriage of the Plaintiff and Defendant is irretrievably broken and ninety days have elapsed from the date of the filing of the Complaint. 4. I consent to the entry of a final decree in divorce without notice. 5. 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. 6. 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. 7. I have been advised of the availability of marriage counseling and understand that I may request that the court require counseling. I do not request that the court require counseling. 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 falsification to authorities. Date: qf~/~ ~~~Jtg? ""-:> Cl ~.;J 'Il ..., :,j- ., ,_.n J '-:r;t ;'.) ''Y :.",) ..~() - -'3 "-:-) ',~ ',::c'-, ~ :jrn ;i~ " ',,> "'0 ,p "<