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Home My WebLink About98-06414 ~ ~ ~ ~ ~ ~ ~ ~ ", '. \ >, r ... ~ .- .5 - '-J )-.. -- ">- " ~ I:)- ~ ~ ~ ~ ~ ~ ~ ~-- ,.~:. ,{jIo;.. .:+:. .:+:. .:+;. .::.:. '_.~ ~ y ,', ~ ~ ~ ~.I ~ ,', ~ ~ ~.~ :t:- .:.:- .:e:. ,:.:. .:<<-'.;. , ",~ I> 1~ I. PLEAS i~ I" I~, )' i~ /'." I. I~ i~ DECREE IN ). D I V 0 R C E it. crt r.J~ ff1J I: ANDNOW".. ..,..,.'" ,(B,.... 19q:::(, it is ordered and I? .:.-:. .:<<. -:<<. .:+:. .:+:. .:.:. -:+:. -:.:. .:.:. .:+:. .:<<. -:+:. -:.:. .~.: :.:. -:.:- .:.:. .:+;. <~.:' <+: '. .:+:. ':+:. .:+:- ':.:. J, ~ ',' ~ ... ~ ... ~ 8 ~ ~ )~ I" . -._-............._......----..~........, - ~... , . ~., ... ~ ,~ ~j ) Wi ;:>1 ~, ",.1 "'Ii ~ ~f ','I ~! '.' ~.I "i ~. IN THE COURT OF COMMON ~ '.' OF CUMBERLAND ~' STATE OF ;~~. :..'~..' I. ~"'!; .~( ~ I,'; ,~ Ii ~ ~ $ t H- I t. , " f': L r f,." ~ -. I' COUNTY PENNA. $ $ I~ i~ i'" I~ i~ I' I~ ~ )' j~ I.:, !It. , ' ~~ I, f~~" ;;':;' i';, 1:' ~ CHARLES E. BLAKE, JR. ~ $ s :'\tJ, 6414 CIVIL It) 98 s Plaintiff $ \' l' t'~ II,"; s LISA M. BLAKE, ~ '.' Defendant r!! " ~ ... ~I "/ $ ~ ,; S decreed that"""" C,HARL"" E,',BLAK,E~, JR,."""",.""", plaintiff, and,..,......,.... ..LISA ,M:..BLAKE",..,.."" 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; THE PARTIES MARITAL SETTLEMENT AGREEMENT DATED NOVEMBER 12, 1998 .. ........ .......... ....... ... ...... ...... ......... ... ......... ... ........, IS INCORPORATED HEREIN AS A FINAL ORDER OF COURT. .. .......... .... .... ........ ...... .... ... ... ... .... ". ............... ....,. Dy {;~d.j ;? >>~/- ~'''1>' p. ~~N"- ~ ~k. ~S- t7 F'1'othonotary - ~ . ." ""' . , ,. ~ .}*-***~*~-*,~.*****-***-* . . ii 'I L :1 I' II MARITAL SETTLEMENT AGREEMENT 1.'7/'1 THIS AGREEMENT, made this" day of November, 1998, by and between Charles E. Blake, Jr" hereinafter referred to as "Husband", and Lisa M, Blake, hereinafter referred to as "Wife", WITNESSETH: WHEREAS, the parties are Husband and Wife who were married on May 14, 1994; and, WHEREAS, the Husband has instituted divorce proceedings in the Court of Common Pleas of Cumberland County to No, 98- bll,/ 1(IZ/'18 ; and, by complaint filed on WHEREAS, the parties desire to settle fully and finally their respective financial and property rights and obligations as between each other, including without limitation without specification: seltling of all mailers between them relating to the ownership in equitable distribution of personal property and related economic claims including but not limited to spousal support, alimony and alimony pendente lite; and in general the settling of any and all claims or possible claims of one against the other or against their respective estates; and, WHEREAS, Husband is represented by his separate legal counsel and has been advised of his respective rights, privileges, duties and obligations relative to the parties' property rights and interests under the Divorce Code and regarding alimony and spousal support, and Wife has voluntarily chosen to be unrepresented in this maller, but has been 1 -II ' I L I fi WHEREAS, each party is fully familiar with the marital property and both parties advised and continues to understand that she has the right to be represented by her own II separate legal counsel who could advise her regarding her respective property rights, privileges, duties and obligations relative to the parties' property rights and interests under the Divorce Code and regarding alimony and spousal support; and, now desire to settle and determine his and her property rights and claims under the , Divorce Code, including all claims regarding equitable distribution of marital property, alimony, spousal support and related economic claims, NOW, THEREFORE, the parties hereto being legally bound hereby, do covenant and agree as follows: 1, The parties agree to the entry of a Decree in Divorce pursuant to Section 3301 (c) of the Divorce Code, Both parties shall execute and file the requisite Consents with the Court contemporaneously with the execution of this Agreement. Husband's attorney shall file the Praecipe to Transmit the record and obtain a Decree in Divorce without delay, Should either party do anything to delay or deny the entry of such a Decree, or fail to do anything required to obtain the Divorce Decree in breach of this Agreement, the other party may, at his or her option, declare this Agreement null and void, ab initio, 2, This Agreement and all warranties and representations contained herein shall survive the Divorce Decree and shall continue to be enforceable in accordance with its terms, No Court may change the terms of this Agreement, and it shall be binding and inclusive upon the parties, An action may be brought at law, in equity or pursuant to the 2 I I provisions of the Divorce Code to enforce this Agreement by either Husband or Wife, In 'i'l the event of a reconciliation, attempted reconciliation or other cohabitation of the parties I hereto after the date of this Agreement, this Agreement shall remain in full force and effect in the absence of a written agreement signed by the parties expressly stating that this Agreement has been revoked or modified, 3, The parties have divided between them to their mutual satisfaction and in accordance with Exhibit "A" attached hereto and incorporated as a part of this Agreement, their personal effects, household fumiture and furnishings, automobiles and all other articles of tangible personal property which have heretofore been used by them in common and neither party will make a claim to any such items which are now in the possession or under the control of the other, Each party will execute any and all documents necessary to make the transfer of ownership of any items of personal property titled in both names. The party receiving sole ownership of such items shall pay all costs associated with the transfer, 4, The parties have divided between them to their mutual satisfaction all intangible personal property consisting of cash, bank accounts, annuities, securities, insurance policies, penSion and retirement rights, whether vested or contingent, and all other such types of property, The parties hereby agree that all such intangible property presently in the possession of or titled in the name of Husband shall be his sole and separate property, and that in the possession or titled in the name of the Wife shall be her sole and separate property, Each party hereby expressly waives any right to claim any 3 pension/profit sharing/retirement rights of the other, vested or contingent, each party to ;: " II retain full ownership of such rights as his or her sole and separate property, 'I I, II 5, Wife agrees that she will convey over to Husband all of her right, title and I interest in the marital residence known as 113 Farm Road, Newville, Cumberland County, Pennsylvania, In consideration of this conveyance, Husband will pay Wife the sum of Twenty-Seven ($27,000,00) Dollars, i Ii I Husband will either refinance the existing mortgage loan on the residence or take such other steps as may be required to remove Wife from the existing mortgage and note obligation contemporaneously with the conveyance of Wife's interest in the property to Husband, 6, Husband agrees to indemnify and save and hold harmless the Wife for any liability upon the obligation assumed by the Husband in accordance with the terms and conditions set forth in paragraph 5 of this Agreement. 7, Except as herein otherwise provided, each party represents that she and he have not heretofore incurred or contracted any debt or liability or obligation for which the other may be held responsible or liable, Each party agrees to indemnify and save and hold harmless the other from and against all such debts, liabilities or obligations of any kind which may have heretofore been incurred between them, except the obligations arising out of this Agreement. 8, Both parties covenant, warrant, represent and agree that each will now and at all times hereafter save and keep each other indemnified against all debts, charges, or 4 II I I I liabilities incurred by the other execution of this Agreement, except as may be otherwise specifically provided for by the terms of this Agreement and neither of them shall hereafter incur any Iiebility whatsoever for which the Estate of the other may be liable, Each party further agrees to indemnify and save and hold harmless the other from any and all liabilities he or she may incur upon the obligations of or assumed by the other, which indemnification as to all provisions of this Agreement shall include the right to recover out of pocket expenses and reasonable allorney's fees actually incurred, 9, Both parties agree that the hereinabove set forth Agreement constitutes an equitable distribution of their marital property and equitable resolution of all other economic claims pursuant to the provisions of the Divorce Code and each party irrevocably waives, releases, and remises any claim to ownership of or interest in any property designated as the property of the other by virtue of the provisions of this Agreement except as otherwise may be provided pursuant to the provisions of this Agreement. 10, Husband does hereby release, remise, quitclaim and forever discharge Wife and the estate of the Wife from any and all claims he has now, ever may have or can at any time have against the Wife or her estate or any part thereof, whether arising out of formal contracts, engagements or liabilities of the Wife, arising by way of widower's right or under the Intestate Law arising by any right to take against the Wife's will, arising out of the Divorce Code, Act No, 26 of 1980, as amended, including, alimony, alimony pendente lite, counsel fees and expenses, arising as a right to spousal support or arising 5 by any nature whatsoever, excepting only those rights accorded to the Husband under this Agreement. 11, Wife does hereby release, remise, quitclaim and forever discharge the Husband and the Estate of the Husband from any and all claims she has now, every may have or can at any time have against the Husband or his estate or any part thereof, whether arising out of formal contracts, engagements or liabilities of the Husband, arising by way of the widower's right or under the Intestate Jaw, arising by way of any right to fake against the Husband's Will, arising under the Divorce Code, Act No, 26 of 1980, as amended, including, alimony, alimony pendente lite, counsel fees and expenses, arising as a right to spousal support arising by any nature whatsoever, excepting only those rights accorded to the Wife under this Agreement. 12, If either party to this Agreement resorts to a lawsuit or other legal action pursuant to the provisions of the Divorce Code or otherwise shall enforce the provision of this Agreement, the successful party shall be entitled to recover his or her reasonable attorney fees, actually incurred, from the other as party of the jUdgment entered in such legal action, whether in law, in equity, pursuant to the provisions of the Divorce Code or otherwise as the same shall be determined by the Court, 13, The parties do hereby warrant, represent and declare and do acknowledge and agree that each is and has been fully and completely informed of and is familiar with and is cognizant of the wealth, real and/or personal property, estate and assets, earnings and income of the other and that each has made a full and complete disclosure to the 6 H,. ii " J, " I ;1 thereof in this Agreement is specifically waived, I, 14, This Agreement constitutes the entire understanding of the parties, There other of his or her entire assets and liabilities and any further enumeration or statement are no covenants, conditions, representations or agreements, written or oral, of any nature whatsoever, other than those herein contained, 15, This Agreement is subject to modification only by a subsequent legal writing .' signed by both parties, It shall be construed according to the laws of the Commonwealth 16, Husband and Wife acknowledge that each of them has read and understands of Pennsylvania, his and her rights and responsibilities under this Agreement, that he and she have executed this Agreement under no compulsion to do so but as a voluntary act, being apprised of its consequences, 17, This Agreement shall bind and inure to the benefit of the parties hereto and their respective heirs, executors, administrators, successors and assigns, WITNESS: {ll~I'~B~ rt tJA: /' ~J.iL /)(, 6l?LJe Lisa M, Blake t~\!JJJm:,'.'A" I Ii I 'I II Ii I wIn:: IJIISIIMi/): washer '''''li~l'IlIl''' dryer ~I(I\'e dining roOIll SlIlI dishwilsher II II ,I II I grill living roOIll furniture VCR el1lellilinlllent center frcc/.cr lawnlllower 11]1)7 Illllll/a ^n~",,' television 11)'>7 Ford Expedition . Cl l:) <;) C- V,) " - " .';1 '7' ;' ,<'1 '71 ~~ 1 ;.:) " ;= , -;1 fT1 ~,) ;1 -;:J ~ - 2..; ,-f~ ("1 -, , , . '.' ~.j (jrn , 'I - , '~ :":j => :X, -, (~ -< I I' I i I 'I II it ,I Ii II 'I il II II !I II II ,I I I I CHARLES E BLAKE, JR , I'llIInlll1 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO 98-6414 CIVIL TERM v LISA M BLAKE, CIVIL ACTlON.LAW IN DIVORCE Defendant PRAECIPE TO TRANSMIT RECORD To the Prothonolary Transmit the record, together with the following information, to the court for entry of a divorce decree 1, Ground for divorce: irretrievable breakdown under Section 3301 (e) of the divorce code, 2, Date and manner of service of the complaint: Defendant signed an Acceptance of Service form on November 14, 1998, 3, (Complete either paragraph (a) or (b),) (a) Date of execution of the affidavit of consent required under Section 3301 (e) of the divorce code: by the plaintiff FEBRUARY 12, 1999 by the defendant FEBRUARY 12, 1999 (b) (1) Date of execution of the plaintiffs affidavit required by Section 3301 (d) of Ihe divorce code N/A (2) Date of service of the plaintiffs affidavit upon the defendant N/A 4, Related claims pending NONE 5, Complete either (a) or (b) (a) Date and manner of service of the notice of intention to file praecipe to transmit record, a copy of which is attached: (b) Date plaintiff's waive; of notice in Section 3301 (c) divorce was filed with the Prothonotary: FEBRUARY 12, 1999 Date defendant's waiver of notice in Section 3301 (c) divorce was filed with the Prothonotary: FEBRUARY 12, 1999 ~~ c:: r:L . David A, Baric, Esquire Attorney for the Plaintiff, Charles E. Blake, Jr, () ,'" () r- w "I "TJ[" -" "', nIl;. rq f::] en ~~ .:.., ~_"I' (I~~. '. r'J ,~1'? -, .:~iC) ~~;~ :t.- .;j:H :--::C', -'- ~?~; "'~C) S' ijrn ;:~ ~ => :;J -< II II I, I: " '... I. , I I /,., CHARLES E. BLAKE, JR , II Plaintiff I, I v, LISA M, BLAKE, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO,98- (, '11'1 CIVIL ACTION CIVIL ACTION-LAW IN DIVORCE COMPLAINT UNDER SECTIONS 3301(c) AND 3301(d) OF THE DIVORCE CODE 1, Plaintiff is Charles E. Blake, Jr" an adult individual who currently resides at 113 Farm Road, Newville, Cumberland County, Pennsylvania, 2, Defendant is Lisa M, Blake, an adult individual whose current mailing address is 1076 Harrisburg Pike, 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 May 14, 1994, in Blue Ridge Summit, Franklin County, Pennsylvania, COUNT I - DIVORCE 5, Plaintiff hereby incorporates by reference paragraphs 1 through 4 above, 6, There have been no prior actions of divorce or for annulment between the parties as to their current marriage, 7, Neither Plaintiff nor Defendant is in the Armed Forces of the United States, I ,I I i 8, i broken, I II 9, , I Plaintiff avers that the marriage between the parties is irretrievably The Plaintiff has been advised of the availability of counseling and that he may have the right to request that the court require the parties to participate in counseling, WHEREFORE, Plaintiff respectfully requests this Honorable Court to enter a decree in divorce, COUNT II -EQUITABLE DISTRIBUTION 10, Plaintiff hereby incorporates by reference paragraphs 1 through 9 above, 11, The parties have acquired personal property, including automobiles, bank accounts and other items of miscellaneous property during the course of their marriage, some of which is marital property, WHEREFORE, Plaintiff respectfully requests this Honorable Court to enter a decree which effects an equitable distribution of marital property, RespectfUlly submitted, f t", r ~, ' I"" ! : i ,_., ~4r;f. Date: II jJZ /"i 8 I , David A Baric, Esquire 1.0, # 44853 17 West South Street Carlisle, Pennsylvania (717) 249-6873 17013 Attorney for Plaintiff, Charles E. Blake, Jr, dab,dir/domestic/blake/divorce.com I I I , , , ,I !i Ii II ;j :1 II II II I' II II !I II II II I I CHARLES E, BLAKE, JR, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO, 98-6414 CIVIL TERM CIVIL ACTION-LAW IN DIVORCE v, LISA M. BLAKE, Defendant PLAINTIFF'S AFFIDAVIT OF CONSENT 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 12, 1998, 2. The marriage of the Plaintiff and Defendant is irretrievably broken and ninety days have elapsed from the date of the filing of the Complaint. 3, I consent to the entry of a final decree in divorce without notice, 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, 5, 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, 6, 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: O~//~/f9 I . t11,~ ~~ CHARLES . BLAKE, J , II [I i ~ i) I iI II " I , i! ,; " 'I II II ,. !I II II " q " Ii II I' II :1 II I , I CHARLES E. BLAKE, JR, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO, 98-6414 CIVIL TERM v. LISA M, BLAKE, Defendant CIVIL ACTION-LAW IN DIVORCE DEFENDANT'S 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 12, 1998, 2. Defendant acknowledges receipt and accepts service of the Complaint on November 14,1998, 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: ,4". 99 ~ fif. t~ ~ LISA M, BLAKE () ,.' -0:"'. [..i J,~~:" t~~:: - ~!:-' J~(-; ~ Si ~ ~ -, ~ <::> , , r f'~ I ~i ", ..., ''1 rr, '::::J '.:1 '" 1'\) ,) .iiD :;rn ''? ':10 ,--,. "j .,~i ;'-0 ~:i n; ~-{ ..;.>0 ..(J '" .~ ~ . rj 'I- i" rr!~; ".'.".'.' ;t')>': " ., 1'- , :1 i " 1 ~ }./~ .> CHARLES E, BLAKE, JR. Plaintiff v, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY. PENNSYLVANIA NO, 98-6414 CIVIL TERM CIVIL ACTION-LAW IN DIVORCE LISA M, BLAKE, Defendant ACCEPTANCE OF SERVICE AND NOW, this.l:..L day of November, 1998, I, Lisa M. Blake, Defendant above. hereby accept service of the Complaint filed in the above case pursuant to Pa, RC,P, 1920,4(e) and acknowledge receipt of a true and attested copy of said Complaint. ... // ,~ / ,'.1 : f) ;1 J, " ( .,' <1'/-1,; , Lisa M, Blake I,} ~"-~ l\1 , " I' '. (j .0 1'J ~ ..0 "'I ~(l' ." :~. l'T1 ,. I~D rrll:; (':'''71 ':"r::; 2-:-.,:; &;:)~: ", ~,,-;;:) ,. , .:.?(~: -< - r:;L; ~ .....,.. ~- ,':',::.rJ ~;c:-' ..:C) ~-;C) '2 ~:.~rn ';"'c....: ::::, :~; -. => :b -< <::l -<