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Home My WebLink About98-06961 I ! I j , i I i i \ I 1 I 01' I -o! I .- j :E., :-= 13: \) I, I \ I I I I I ~ I -0 i~ i- I- .1 .-- 13 ! I I i , 1 I , I I 1 , ! 1 ,I I ,j I I l , i ! , , I J. I ~ l~ 'i --- ~: .- i (J , - ..9 <J ..5 , CfJ CT . . ~:~~::.:... <~~~~""::!~~',:::!.::~":':,~~~',,-~:!;:...~~:~::".~:~::~. ~.~. ..-, ':!:"~.':~:: -,.:.:~::. ::+> <+::, .::!;'.::~,,~~::~~:!:~-~.;~::..: ::~?',..~~::~:~~~~;.~::!~-"::~~ "~~ v , ~ " ~ ~l :<:( ~; ~ ~ ',' ~, ~ ,', ~ ~ ',' ~ ',' IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY STATE OF l'~' tt'~' ~J ~... ;)~~6j~~,.Jt.~ ~ .. ,"":" ~l\~ J,~:. , \,~"",...no...::-,..,.,-, . ,. '~OO:::'.~. , 1 PENNA, ERIC D. WILLHIDE i\ll" 6961 1998 ~ \' \~T,;n~ ~ ',' 8 ,..,JESSICA J, WILLHIDE .. :!- ," .', ~ ~ ',' DECREE IN D I V 0 R C E .;rg:'-Ic. A,"'" ANDNOW.,..,.,....,f!I.~l7 19/1f.., it is ordered and ~ ~ ~ ,', ~ ~.~ decreed that ,...",.. ERIC, D. . \H.LLH IDE .. and, " , . .. " , . , . . , . . . ,JES,SICA, ,J. . WI.LLHIDE , . . , ore divorced from the bonds of matrimony, ,",',. plaintiff, . . . '. defendant. ~ ~.' ~ ~.~ ~ ~.' ., ~ @ The court retains jurisdiction of the following claims which hove been raised of record in this action for which a final order has not yet been entered; NONE * ~ ~ ,T!J,E, P!'-RTIE::;. .HAVE. .EXEC.UTED IIND FILED ,71 PROPERTY .SET.TLEM,ENT, ~ . fI~.~J::I?~,E,~T, !(H.ICB ,I.S, TO, BE. DECREE. ,MERG.EI? IWN THI.S ~ ~ .' ~ n y ~ ... AlI,.,l: "-/ "..Y;:; / /.,,~ // /. .I, t'/~'l_-~.4.' /': ,. L7 ' '~.~__:~'~/fl'"/~~ I')' "v',/' l )-/ /l;.14/,l,'.{ ,I' ~...< It' ^'/~7-~' ~/ 'P,-nlllOl1ut:uy ~ " v ~.' ~I ~1 ;I ,___.._.._..', :::..;. .:"t.;. ':';'. .;.> .:.:. :.: ,~.:- ~.,.> <~:- -:.: .:.; :.: -:if> .:.: ~ ~ ',' $ \~ \* ~ '.' :0: ',' * $ ~ '.' ~ " ~ I~ l~ l: l~ ',' \~ ~~ /" " ~ ',' ~ I~ l' v , ~ I~ ~", \", i' i.., ~: '1 * " \ I,', f "~ (~ { )." i~ \",' i,', ~ ~ .~ , ~: ~ .. , ~. 'e ~ ~: .:.:. 1.\ . 1. RIGHT TO LIVE SEPARATE It shall be lawful for Husband and Wife at all times hereinafter to live separate and apart from each other and to reside from time to time at such place or places as he and she shall respectively deem fit, free from any control, restraint or interference, direct or indirect, by each other. The foregoing provisions shall not be taken to be any admission on the part of either Husband or Wife of the lawfulness or unlawfulness of the causes leading to their living apart. 2, FREEDOM FROM INTERFERENCE Each party shall be free from interference, authority and contact by the other as if he or she were single and unmarried except as necessary to carry out provisions of this Agreement. Neither party shall harass the other or attempt to endeavor to harass the other, nor compel the other to cohabit with the other, or in any way malign the other, nor in any way interfere with the peaceful existence, separate and apart from the other. 3. DISTRIBUTION OF VEHICLES a, Wife shall assume all payments, including all loan, insurance and repair bills connected with her vehicle, a 1988 Subaru Sedan, b. Husband shail assume all payments, including all loan, insurance and repair bills connected with his vehicle, a 1987 GMC Jimmy. 4, CONTENTS OF THE MARITAL RESIDENCE As of the date of the execution of this Agreement, the parties shall transfer and assign their rights, tilla, claim and interest in specific property, Wife shall have as her own, free and ctear of any claims of Husband, all of the items, household goods, furniture, furnishings, appurtenances, and appliances which are in her possession, Husband shall have as his own, free and clear of any claims of Wife, all of tt;le items, household goods, furniture, furnishings, appurtenances, and appliances which are in his possession, 7. MARITAL LIABILITIES Unless otherwise set forth herein, Wife assumes full responsibility for any indebtedness which she has contracted or incurred in her name, alone or jointly, after the data of separation, Unless otherwise set forth herein, Wife represents and warrants 'to Husband that, since the filing of the divorce action, she has not contracted or incurred any debt or liability, for which Husband or his Estate might be responsible, and shall indemnify and save Husband harmless from any and all claims or demands made against him or his Estate by reason of debts or obligations incurred by Wife and/or assumed herein, Unless otherwise set forth herein, Husband assumes full responsibility for any II indebtedness which he has contracted or incurred in his name, alone or jointly, after the date of execution of this Agreement. Unless otherwise set forth herein, Husband represents and warrants to Wife that, since the filing of the divorce action, he has not contracted or incurred any debt or liability, for which Wife or her Estate might be responsible, and shall indemnify and save Husband harmless from any and all claims or demands made against her or her Estate by reason of debts or obligations incurred by Husband and/or assumed herein. Wife shall assume the following marital debt: a, Student Loan payments for loans taken out in her name, Wife expressly agrees to indemnify and save Husband hannless from any and all claims or demands made against her or her Estate, him or his Estate as a result of the Student Loan account for which Wile has assumed responsibility, Wile agrees thatlt10se payments shall be made as follows: Within five days of said student loan payment being due, Wile shall remit to Husband a money order made payable to Wife's student loan serVicer. Husband shall then be responsible for remitting said paymentta Wile's student loan servicer. 8, TAX LIABILITY The parties hereto believe and agree that the division of property haretofore made , by this Agreement is a non-taXable division of property between co-owners rather than a taxable sale or exchange of property, Each party promises not to lake any position with respect to the adjusted basis of the property assigned to him or her 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 retum, 9. MUTUAL RELEASE Subject to the provisions of this Agreement, each party waives his or her right .to alimony any further distribution of property inasmuch as the parties hereto agree that this Agreement provides for an equitable distribution of their marital property in accordance with Pennsylvania's Divorce Code. Subject to the provisions of this Agreement, each party has released and discharged, and by this Agreement does for himself or herself, and his or her heirs, legal representatives, executors, administrators and assigns, release and discharge the other of and from all caused of action, claims, rights or demands whatsoever in law or equity, which either of the parties ever had or now has against the other, except any or all causes of action for divorce and except any or all caus~d of action for any breach of any provision of this Agreement. Each party also waives his or her right to request marital counseling pursuant to Pennsylvania's Divorce Code, 10. ALIMONY Both parties mutually waive all spousal support or alimony from the other. 'Both parties acknowledge and agree that the provisions of this Agreement providing for the waiver of alimony are fair, adequate and satisfactory based on actual need, ability to pay, duration of the marriage and other relevant factors taken into consideration by the parties. AItl'lOU9h the approval of this Agreement by a court of competent jurisdiction in connection with this action in divorce filed by Husband or Wife shall be deemed an order of the court any may be enforced as such, this Agreement, insofar as it pertains only to spousal support and the payment of alimony following the entry of a final Decree in Divorce between the parties, may not be modified, suspended, terminated or reinstated at the instance of request of either party, or subject to further order of any court upon changed circumstances. Upon that condition, both parties hereby accept the provisions in this Agreement in lieu of and in full and final settlement and satisfaction of all claims and demands that either may now or hereafter have against the other for Spousal support or alimony and both parties voluntarily and intelligently waive and relinquish any rights 10 seek a modification, suspension, termination, reinstatement, or other court order with respect to the terms of this Agreement pertaining to the payment of support or alimony, 11. ALIMONY PENDENTE LITE. COUNSEL FEES AND EXPENSES Both parties hereby acknowledge and accept that the provisions of this Agreement providing for the equitable distribution of marital property are fair, adequate and satisfactory to them, Both parties agree to accept the provisions of this Agreement in lieu of and in full and final settlement and satisfaction of all claims and demands that either may now or hereafter have against the other for alimony pendente lite, counsel fees any expenses during and after the commencement of any divorce proceeding between the parties, 12, INCOME TA.'< RETURNS Husband and Wife agree to individual tax retums for 1998 and thereafter unlil their, divorce is final, 13. DEPENDENT DEDUCTlON~ Husband shall, in aU years he is legally able 10 do so, have the right to claim Samantha K Willhide his tax retums, 14, WAIVER OF CLAIMS AGAINST ESTATES Except as herein otherwise provided, each party may dispose of his or her property in any way, and Bach 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 martial relationship, including, without limitation, dower, curtsey, statutory allowance, widow's allowance, right to take intestacy, right to take against the will of the other, and right to aetas administrator or executor of the other's estate, Each will, at 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 and both parties will revoke prior wills orlesfamenlary documents, 15. AGREEMENT NOT PREDICATED ON DIVORCE It is specifically understood and agreed by and between tha parties hereto and each of the said parties does hereby warrant and represent to the other, that the execution and delivery of this Agreement is not predicated upon nor made subject to any agreement for institution, prosecution, defense, or for the non-prosecution or non-defense of any action for divorce; provided, however, that nothing contained in this Agreement shall prevent or preclude either of the parties hereto from commencing, instituting or prosecuting any action or actions for divorce, either absolute or othelWise, upon just, legal and proper grounds; nor to prevent either party from defending any such action whir-h has been, mayor shall be instituted by the other party, or from making any just or proper defense thereto, 16, SUBSEQUENT DIVORCE There has been a divorce proceeding commenced by Husband against Wife in Cumberland County to No. Civil Tenn 1998, The parties hereby mutually consent to a divorce and the entering of a divorce decree on the no-fault grounds that their marriage is irretrievably broken pursuant to S3301(c) of the Pennsylvania Divorce Code. Parties herein shall execute Affidavits of Consent and a final decree in divorce will then be obtained, 17. BREACH AND ENFORCEMENT If either party hereto breaches any of the provisions of this Agreement, the other party shall have the right to bring any actions or actions in law or equity for such breach, and the breaching party shall be responsible for the payment of all costs and reasonable legal fees incurred by the ether party in enforcing his or her rights under this Agreement. It is expressly understood and agreed by and between the parties hereto that this , Agreement may be specifically enforced by either party in Equity, and the parties hereto agree that if an action to enforce this Agreement is broughl in Equity by either party, the other party will make no objection on the alleged ground of lack of jurisdiction of said Court on the ground that there is an adequate remedy at law, The parties do not intend or purport hereby to improperly confer jurisdiction on a Court in Equity by this Agreement, but they agree as provided herein for the forum of equity in mutual recognition of the present state of the law, and in recognition of the general jurisdiction of Courts in Equity over agreements such as this one, 18, RE-ACKNOWLEDGMENT Each party acknowledges that it may be appropriate and required that this Agreement be re.:acknowledged at some lime in the future before the Clerk of the Commonwealth Court, Clerk of Orphans Court or some other Court, and each party agrees that they will re-acknowtedge their signature before the Clerk of such Court upon request of the other party so that this Agreement may comply with the acknowledgment rules and provisions of any such Court, 19. ADDITIONAL INSTRUMENTS Each of the parties hereto agrees that he or she will join in the execution, acknowledgment and delivery of any deed or other document which may be reasonably necessary to cany out the intent of this Agreement, and, in the event either of the parties hereto would not join in the execution, acknowledgment and delivery of such instrument, then such party does hereby irrevocably appoint the other party hereto, as his or her Attomey-in-Factto execute, acknowledge and deliver such instrument hereby ratifying all that sur.!1 other party hereto may do by virtue hereof with a copy of this Agreement to be a sufficient Power of Attorney to cany out the intent and purpose of this paragraph, Nothing contained in this section shall affect the right of one party to expressly include or exclude, as the case may be, the other party as beneficiary in any will, insurance poliCy or other document whether the same is presently in effect or would become effective , in the future. 20. VOLUNTARY EXECUTION The provisions of this Agreement and their legal effect have been fully explained to the parties by their respective legal representatives, and each party acknowledges that the Agreement is fair and equitable, that it is being entered into voluntarily, with full knowledge of the assets of both parties, and that it is no the result of any duress or undue influence, The parties acknowledge that they have been fumished with all information relating to the financial affairs of the other which has been requested by each of them or their respective , counsel. 21. FNTIRE AGREEMENT This Agreement contains the entire understanding of the parties and there are fiOt representations, warranties, covenants or undertakings other than those expressly set forth herein, 22, DISCLOSURE Each of the parties hereto acknowledges lhat lhere has been full disclosure of all relevant malters of each party to the other party, that each of the parties is fully cognizant of his and her legal rights and liabilities with respect to the terms and conditions of this Agreement, that he and she understand the legal effect of this provisions of this Agreement and acknowledge that this Agreement is fair and equitable to each of the parties hereto, and that this Agreement was entered into voluntarily and without any undue influence or duress upon either party hereto, 23. MODIFICATION AND WAIVER This Agreement shall constitute a full, complete, and total binding Agreement between the parties concerning support, maintenance, alimony and property settlement, and is precluded from modification EXCEPT if the parties specifically agree to modify this Agreement. Any and all modifications to this Agreement shall only be by written agreement containing the same formalities as this Agreement and shall exhibit the notarized signatures of both parties, along with two witnesses. The parties specifically agree that they may rescind this Agreement only by written agreement containing the same formalities as this Agreement which shall exhibit the notarized signatures of both parties, along with two witnesses, Any waiver of a breach of any provision of this Agreement shall not constitute an ongoing waiver, 24. PRIOR AGREEMENTS This Agreement constitutes the entire understanding and agreement between the parties hereto, and there are no other representations, warranties, covenants, understandings or agreements other than those expressly set forth herein, 25, !NCORPORATION INTO DECREE OF DIVORCE Unless as otherwise provided herein, this Agreement shall be incorporated in and made a part of any Decree that might be entered in any dissolution proCl."Cding between the parties hereto upon L'1e filing, by either, or both parties of an executed copy of this Agreement in such action and same may be incorporated by reference into any such Decree or court order, 26. DESCRIPTIVE HEADINGS The descriptive headings used herein are for ,convenience only. They shall have no effect whatsoever in determining the rights or obligations of the parties. 27. INDEPENDENT AND SEPARATE COVENANTS It is specifically understood and agreed by and between the parties hereto, that each paragraph shall be deemed a separate and independent covenant and agreement. 26, APPLICABLE LAW This Agreement shall be interpreted in accordance with the laws of ,the Commonwealth of Pennsylvania, 29, VOID CLAUSES If any tenn, condition, clause or provision of this Agreement shall be detennined or declared to be void or invalid in law or othelWise, then only thattenn, condition, clause or provision shall be stricken from this Agreement and in all other respects, this Agreement shall be valid and continue in full force, effect and operation 30. AGREEMENT BINDING ON HEIRS This Agreement shall inure to the benefit of and shall be binding upon the parties hereto, their heirs, executors, administrators, successors and assigns, 31, EFFECTIVE DATE This Agreement shall be considered to be effective at 12:01 a,m. on the date set forth on page one of this Agreement. In Testimony Whereof, witness the signature of the parties hereto th)} 9TIi . . // ."1 of O'7m"", 19"., . ~ v0."g~!/k~ ~ '~~m c~--~ Witness Witness' , I, ' , (' (':'; . t :." f ~ :.... [\ 1(,' 'I !, If " 1. i\ l' ~ 1":;0 '" I \' ~, ,. \ -.~ u; I, " , II ..~: , t,) , .--, C\ (' , 1\ -. . , , I '.,' .' I .. i ,,::; u i {' L) c. ~,.. I ,.., '. .' ',',' - ": .". ."~ <~JQl;' ":"', "' ': ',';~' '-", :.;,,:;'~"" -"::"""""'~'''~'''~:''':''~" ,_,~n~..:, :-." ~';:~:"~.,;. ':,,':",' " "," ':"_'~ " ~" , ,', ,\ v. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION. LAW NO. 98. CML TERM IN DIVORCE/CUSTODY ERIC D, WILLHIDE ~Iaintiff JESSICA J. WlLLHIDE Defendant VERI FICA TlON I, ERIC D. WlllHIDE, verify that the statements made in the foregoing document are true and correct to the best of my knowledge, I understand that false statements herein are made subject to the penalties of 18 Pa,C.S, 94904 relating to unsworn falsification to authorities, /'" ~. ERIC D, WllLHIDE Date: December 8, 1998 '. " ',' ";::~'.'," .,','. ',.::.:..,...,,:.'.';' >.,' .:",<:,>:,:" ':-"", '. ':':".:..:~:~,,':,'.' ',.<>'. t 0 -0 ~ q- f- 0 x. l[) ';!J -;t: - ....ex:.. (] -u , D @ I, ] (Q 'P , " v. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION. LAW NO. 98. to q 1& I CIVIL TERM IN DIVORCElCUSTODY ERIC D, WILLHlDE Plaintiff JESSICA J. WlLLHIDE Defendant 2I!PULATED CUSTODY AGREEMENT AND NOW, this 9th day of December, 199B, the parties having canceled an upcoming Conciliation Conference, and having further reached agreement with regard to the best interests of the subject minor child, Samantha K. Willhide, November 23, 1994, (hereinafter Child) the parties have entered into the following STIPULATED CUSTODY AGREEMENT: WHEREAS, the parties are presently separated and living in separate residences; and WHEREAS, the parties to this action acknowledge their respective roles in the ongoing development of the subject Child; and WHEREAS, the parties are desirous of entering into an agreement setting forth their custodial rights and responsibilities; and , WHEREAS, the parties are desirous of entering into an agreement setting forth their support obligations, NOW, THEREFORE, in consideration of the Child's best interests and the mutual covenants, promises and agreements as hereinafter set forth, the parties hereto, each intending to be legally bound hereby, do stipulate and agree as follows: 1 , Legal custody of the child of the Parties, shall be shared by the parties, Each parent shall have the right io participate in the major decisions affecting the child, including, but not limited to, medical, religious and educational decisions and each parent shall have equal access to medical, dental and school records, the residence address of the child and of the other parent. The parent having primary physical custody shall provide to the other - parent advance information on a timely basis regarding school programs, events, meetings and teacher conferences involving the child, 1. Eric D, Willhide shall maintain primary physical custody of the Child, 2, Jessica J, Willhide shall be entitled to periods of physical custody, for purposes of visitation. as the parties mutually agree, which at a minimum shall include: a. Two evenings each week from 5:00 p,m, until 9:00 p.m, as the parties' work schedules permit. b, Alternating weekends beginning on Fridays at 6:00 p,m, until Sunday ~QOO~m ' 3, In odd numbered years, Jessica J. Willhide shall have the following holidays: Memorial Day, Labor Day and Christmas, In odd numbered years, Eric D, Willhide shall have the following holidays: Easter, Fourth of July, and Thanksgiving, In even numbered years, Jessica J, Willhide shall have the following holidays: Easter, Fourth of July, and Thanksgiving, In even numbered years, Eric D, Will hide shall have the following holidays: Memorial Day, Labor Day and Christmas, These holiday visits shall be from 9:00 a,m. until 9:00 p,m, Holiday periods of custody in the Parents shall take precedence over all other scheduled periods of custody. 4, Each parent shall be entitled to two weeks of non-eonsecutive uninterrupted partial custody in the summer of each year upon thirty (30) days advanced notice to the other parent. 5. Irrespective to the foregoing, Father's Day shall be with Father, and Mother's Day shall be with Mother, and this visitation shall be from 9:00 a,m. until 9:00 p,m, 6" Holiday periods of custody in the Parents shall lake precedence over all other scheduled periods of custody, 7. At any time that either parent intends to be outside the Commonwealth of Pennsylvonia during his or her period of custody, said parent shall advise the other parent 'of a schedule of the departure and retum as well as a telephone number where the child can be reached, 8, Both parents shall permit reasonable telephone access to the child while the child is in his or her custody, 9, The parents are encouraged to accommodate the reasonable requests of the other parent for alternations of any agreed upon schedule, as the circumstances and best interests of the child require, 10. Both parents shall encourage the child to love and respect the other and shall not state, nor allow others to state, in the presence f the child, derogatory comments about the other parent. Both shall encourage the child to have significant contact with the other parent, and shall make certain that the child is ready on time for the transfer of physical custody from one parent to the other, 11. The parties will keep each other advised immediately in the event of serious illness or medical emergency conceming the Child and shall further take any necessary steps to ensure that the health and well being of the Child are protected. During such illness or medical emergency, both parties shall have the right to visit the Child as often as he or she desires consistent with the proper medical care of the Child, 14, Jessica J. Willhide shall provide medical insurance for the Child as soon as practicable, 12, Any modification or waiver of any of the, provisions of this Agreement shall be effective only if made in writing and only if executed with the same formality as this ! Stipulation and Agreement. 13, The parties desire that this Stipulation and Agreement be made an Order of Court to the Court of Common Pleas of Cumberland County does, in fact have jurisdiction over the issue of custody of the parties' minor child and shail retain such jurisdiction should >- \II 2.:: cr: ('; i::- r....:.., ,- ".,.- n U.I.". , ( ).'" ,...... ~ ". u_,., ".::: :::1 ;:~ ., ~t-. .. r-' .' '.() (: l:r:jl.: 1 .~ , ,;.- EC~' c< ';-'~Ljj ,0, 0-, ::1 (:... .' - , v'l. :"'1 V 0' () ~ K ~- ~ t ! 0i (~t ~ ----