HomeMy WebLinkAbout00-05859
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IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY
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PENNA.
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STATE OF
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RONALD LIGHT
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No. 4000-5859 Civil Term
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Plaintiff
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VERSUS
MARGARET-KELLY LIGHT,
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Defendant
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DECREE IN
DIVORCE
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tit 3:S78t1 :
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, PLAINTIFF,
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AND NOW,
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DECREED THAT
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MARGARET KELLY-LIGHT
, DEFENDANT,
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ARE DIVORCED FROM THE BONDS OF MATRIMONY.
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THE COURT RETAINS JURISDICTION OF THE FOLLOWING CLAIMS WHICH HAVE
BEEN RAISED OF RECORD IN THIS ACTION FOR WHICH A FINAL ORDER HAS NOT
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The Parti'",,;-~hilvp <;ignpr1 " PO<;t-Nllpt;,,' A8rppmpnt on Apr;' g, 7001 ~
which,is incorporated herein and the court has jurisdiction over
no other claims.
YET BEEN ENTERED;
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RONALD LIGHT,
Petitioner
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
vs
: NO. 2000 - 5859 CIVIL TERM
: CIVIL ACTION - LAW
MARGARET-KELLY LIGHT,
Respondent
: IN DIVORCE
PRAECIPE TO TRANSMIT RECORD
TO THE PROTHONOTARY:
Please 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 (c) of the Divorce Code.
2. Date and manner of service of the complaint: Certified Mail, Restricted Delivery,
August 26,2000.
3. Complete either Paragraph A or B.
A. Date of execution ofthe affidavit of consent required by Section 3301 (c) of the Divorce
Code: By the Plaintiff 4/16/0 I; By the Defendant 5/110 I.
B. (1) Date of execution of the Plaintiffs affidavit required by Section 3301 (d) ofthe Divorce
Code: none.
(2) Date of service of the Plaintiffs affidavit upon the Defendant: none
3. Related claims pending: The parties have signed a Post-Nuptial Agreement on April 9, 2001
which has been incorporated herein and the court has jurisdiction over no other claims.
4. 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: none
B. Date Plaintiffs Waiver of Notice in 3301(c) Divorce was filed with the Prothonotary:
4/16/01; Date Defendant's Waiver of Notice in 330, (c) Divorce was filed with the Prothonotary 5/8/01.
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Petitioner
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
: NO. 2000 -O-r<.e;-q CIVIL TERM
: CIVIL ACTION - LAW
RONALD LIGHT,
vs
MARGARET-KELLY LIGHT,
Respondent
: IN DIVORCE
NOTICE TO DEFEND AND CLAIM RIGHTS
YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set forth in the
following pages, you must take 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 grounds for divorce is indignities or irretrievable breakdown of the marriage, you may
request marriage counseling. A list of marriage counselors is available in the Prothonotary's Office at the
Cumberland County Courthouse, Carlisle, Pennsylvania.
IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY,
LAWYER'S FEES OR EXPENSES, BEFORE A DIVORCE OR ANNULMENT IS GRANTED, YOU
MAY LOSE THE RIGHT TO CLAIM ANY OF THEM.
YOU SHOULD TAKE TIDS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT
HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET
FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP.
Court Administrator - Fourth Floor
Cumberland County Courthouse
Carlisle, Pennsylvania 17013
Telephone (717) 240-6200
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The Court of Common Pleas of Cumberland County\is required by law to comply with the
Americans with Disabilities Act of 1990. For information aqout accessible facilities and reasonable
accommodations available to disabled individuals having business before the court, please contact our office.
All arrangements must be made at least 72 hours prior to any hearing or business before the court. You
must attend the scheduled conference or hearing.
JmnesJ. Kayer, Esquire
Attorney for Plaintiff
Liberty Loft
4 East Liberty Avenue
Carlisle, P A 17013
(717) 243-7922
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RONALD LIGHT,
Petitioner
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
: NO. 2000 -6159 CIVIL TERM
: CIVIL ACTION - LAW
vs
MARGARET -KELLY LIGHT,
Respondent
: IN DIVORCE
COMPLAINT IN DIVORCE
UNDER SECTION 330Hc) and 330Hd) OF THE DIVORCE CODE
COMES NOW, Plaintiff Ronald Light, through her attomey, James 1. Kayer, Esquire and avers as
follows:
COUNT I - DIVORCE
1. Plaintiff is Ronald Light, an adult individual, whose current address is: 300 Forge Road, Boiling
.Springs, Cumberland County, Pennsylvania, 17007.
2. Defendant is Margaret-Kelly Light, an adult individual, whose address is: 300 Forge Road,
Boiling Springs, Cumberland, County, Pennsylvania, 17007
3. Plaintiff and Defendant have been bona fide residents of the Commonwealth for at least six
months immediately previous to the filing of this Complaint.
4. The Plaintiff and Defendant were married on September 18, 1982, Dover, Delaware.
5. There have been no prior actions of divorce filed in this matter.
6. Plaintiff or Defendant is not a member of the United States Armed Forces.
7. The marriage is irretrievably broken, and the parties are proceeding under Section 3301(c) and
Section 3301(d) of the Divorce Code.
8. Plaintiff has been advised that counseling is available and that Plaintiff may have the right to
request that the court require the parties to participate in counseling.
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WHEREFORE, Plaintiff requests the court to enter a decree of divorce.
Respectfully submitted,
Date:
VERIFICATION OF PLEADINGS
The foregoing document is based upon information which has been gathered by my cOlU1sel
and myself in the preparation of this action. The language of the document may, in part, be the
language of my counsel and not my own. I have read the statements made in this document and to
the extent that it is based upon information which I have given to my counsel, it is true and correct
to the best of my knowledge, information and belief. To the extent that the contents of the
statements are that of counsel, I have relied upon counsel in making this Verification. I understand
that false statements herein are made subject to the penalties of 18 P A. C.S. S 4904, relating to
unsworn falsification to authorities.
Date: 'A? A() '!2(Jl5f
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Petitioner
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
RONALD LIGHT,
vs
: NO. 2000 - 5859 CIVIL TERM
: CIVIL ACTION - LAW
MARGARET-KELLY LIGHT,
Respondent
: IN DIVORCE
AFFIDAVIT OF SERVICE BY MAIL
PURSUANT TO Par RoC.P. 1920.4(a)(1)(ii)
COMMONWEALTH OF PENNSYLVANIA
: SS.
COUNTY OF CUMBERLAND
I, James J. Kayer, Esquire, being duly sworn according to law, deposes and says that he is
the attorney for Plaintiff, RONALD LIGHT, and that he did serve a true and correct copy of the
Notice to Defend and Complaint in Divorce that was filed in the above matter, by U.S. Mail,
postage prepaid, certified with restricted delivery, return receipt requested, unto the Defendant,
MAJORlE LIGHT, on August 26, 2000. The return receipt is attached hereto.
Ulre
N. TARIAI,. SEAL
OI!NISE PINAMONTI. NolBty Public
Carlisle Borough, ClJmbetland Coun~
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.Complete items 1 andfor 2 for 8ddItIonal services.
.Completeltems 3. 4a, and 4b.
.Print your nllfll8 and addtus on UNl reverse of this fonn 80 that we can l'8Ium thfs
card I. you.
-Attach this 10nn to the front of the malipiece, or on the badt it space does not
permit.
-WrJtd-RBtum ReceJpt Requested- on the maDplece.beiow the article number.
;_Thei fletum Receipt wiD showto whom the article was delivered and the date
delivered.
I also wish to receive 1IIe
following "lllrvlces (for an
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RONALD LIGHT,
Petitioner
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
vs
: NO. 2000 - 5859 CIVIL TERM
: CIVIL ACTION - LAW
MARGARET-KELLY LIGHT,
Respondent
: IN DIVORCE
WAIVER OF NOTICE OF INTENTION TO REOUEST ENTRY OF A DIVORCE
DECREE UNDER & 3301(c) OF THE DIVORCE CODE
1. I consent to the entry of a final decree of divorce without notice.
2. I understand that I may lose rights concerning alimony, division of property, lawyer's
fees or expenses if! do not claim them before a divorce is granted.
3. 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.
AFFIDAVIT OF CONSENT
1. A Complaint in divorce under Section 3301(c) ofthe Divorce Code was filed on March
8, 2000.
2. The marriage of plaintiff and defendant is irretrievably broken and ninety days have
elapsed from the date of filing the Complaint.
3. I consent to the entry of a final decree of divorce after service of notice of intention to
request entry of the decree.
4. I understand that I may lose rights concerning alimony, division of property, lawyer's fees
or expenses if! do not claim them before a divorce is granted.
I verify that the statements made in this Waiver and 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 unsworu falsification to authorities.
DATE~it~.2000 4J1t$4-
RONALD T
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RONALD LIGHT,
Petitioner
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYL VANIA
vs
: NO. 2000 - 5859 CIVIL TERM
: CIVIL ACTION - LAW
MARGARET-KELLY LIGHT,
Respondent
: IN DIVORCE
WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE
DECREE UNDER & 3301(c) OF THE DIVORCE CODE
1. I consent to the entry of a final decree of divorce without notice.
2. I understand that I may lose rights conceming alimony, division of property, lawyer's
fees or expenses if! do not claim them before a divorce is granted.
3. 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.
AFFIDAVIT OF CONSENT
1. A Complaint in divorce under Section 3301(c) of the Divorce Code was filed on March
8, 2000.
2. The marriage of plaintiff and defendant is irretrievably broken and ninety days have
elapsed from the date of filing the Complaint.
3. I consent to the entry of a final decree of divorce after service of notice of intention to
request entry of the decree.
4. I understand that I may lose rights concerning alimony, division of property, lawyer's fees
or expenses if! do not claim them before a divorce is granted.
I verify that the statements made in this Waiver and Affidavit are true and correct. I
understand that faIse statements herein are made subject to the penalties of 18 Pa. C.S. section
4904 relating to unsworn falsification to authorities.
DATE:
511!O( ,200&-
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MARGA T-KELL Y LIGHT
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RONALD LIGHT,
Petitioner
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
vs
: NO. 2000 - 5859 CIVIL TERM
: CIVIL ACTION - LAW
MARGARET-KELLY LIGHT,
Respondent
: IN DIVORCE
PRAECIPE
TO THE PROTHONOTARY:
Please incorporate the attached Post-Nuptial Agreement, dated April 9, 2001 into the above-
captioned divorce action.
Respectfully submitted,
Dated: May 9, 2001
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POST-NUPTIAL AGREEMENT
AGREEMENT made this CN-h day of -~'t' \ l
, 2001, by and
between RONALD LIGHT (hereinafter called "Husband") and MARGARET-KELLY LIGHT
(hereinafter called "Wife").
WIT N E SSE T H:
WHEREAS, the Parties hereto are Husband and Wife, having been married on
September 18, 1982 at Dover, Kent County, Delaware.
WHEREAS, there are three children born of this marriage; DALE, age sixteen
(16); BRIDGET, age fifteen (15) and JACOB, age eleven (11) (hereinafter called
"Children").
WHEREAS, diverse unhappy differences, disputes and difficulties have arisen
between the Parties and it is the intention of Husband and Wife to live separate and
apart for the rest of their natural lives, and the Parties hereto are desirous of settling
fully and finally the respective financial and property rights and obligations as between
each other, including without limitation:
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1 . The settling of all matters between them relating to ownership and
equitable distribution of real and personal property;
2. The settling of all matters between them relating to past, present and
future support, alimony and/or maintenance of Husband by Wife or Wife by Husband;
3. The settling of all matters between Husband and Wife relating to the
custody of the children;
4. 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 premises and of the mutual promises,
. covenants and undertakings hereinafter set forth and for other good and valuable
consideration, receipt of which is hereby acknowledged by each of the Parties hereto,
Husband and Wife, each intending to be legally bound hereby, covenant and agree as
follows:
1. AGREEMENT NOT PREDICATED UPON DIVORCE: It is specifically
understood and agreed by and between the Parties hereto, and each of the 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 the
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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 otherwise, upon just,
legal and proper grounds, nor to prevent either party from defending any such action
which may, has been, or shall be instituted by the other Party, or from making any just
or proper defense thereto.
2. EFFECT OF DIVORCE DECREE: The Parties agree that unless otherwise
specifically provided herein, this Agreement shall continue in full force and effect after
such time as a final decree in divorce may be entered with respect to the Parties.
3. AGREEMENT TO BE INCORPORATED INTO DIVORCE DECREE: The
Parties agree that the terms of this Agreement shall be incorporated but not merged
into any Divorce Decree which may be entered with respect to them.
4. ADVICE OF COUNSEL: The provisions of this Agreement are intended
to effect a legally binding property settlement between the parties. Husband has been
represented by James J. Kayer, and Wife is represented by Gary J. Imblum. Each
party acknowledges that he or she fully understands the facts and has been fully
informed as to his or her legal rights and obligations, and each party acknowledges and
accepts that this Agreement is fair and equitable, that it is being entered into freely
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and voluntarily and that this Agreement and the execution thereof is not the result of
any duress, undue influence or collusion.
5. INTERFERENCE: Each party shall be free from all control, restraint,
interference or authority, direct or indirect, by the other in all respects as fully as if he
or she were unmarried. Each may reside at such place or places as he or she may
select. Each may, for his or her separate use or benefit, conduct, carryon or engage
in any business, occupation, profession or employment which to him or her may seem
advisable. This provision shall not be taken, however, to be an admission on the part
of either Husband or Wife of the lawfulness of the causes which led to, or resulted in,
the continuation of their living apart. Husband and Wife shall not molest, harass,
disturb or malign each other or the respective families of each other, nor in any way
interfere with the peaceful existence, separate and apart from the other, nor compel
or attempt to compel the other to cohabit or dwell by any means or in any manner
whatsoever with him or her; each of the parties understands and agrees that he or she
shall not and will not do or say anything to the Children, at any time, which might in
any way influence the Children adversely against the other party.
6. MUTUAL RELEASE: Husband and Wife each do hereby mutually remise,
release, quit claim, and forever discharge the other in the estate of such other, for all
time to come, and for all purposes whatsoever, of and from any and all rights, titles
and interests, or claims in or against the property (including income and gain from
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property hereafter accruing) of the other or against the estate of such other, or
whatever nature and whatsoever situate, which he or she now has or at any time
hereafter may have against such other, the estate of such other, or any part thereof,
whether arising out of any former acts, contracts, engagements or liabilities of such
other, or by way of dower or curtesy, or widows or widowers rights, family
exemptions 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, or any right
which Wife may have or at any time hereafter have for past, present or future support
of maintenance, alimony, alimony pendente lite, counsel fees, costs or expenses,
whether arising as a result of the marital relation or otherwise, except, and only
except, all rights and agreements and obligations of whatsoever nature arising or
which may arise under this Agreement or for the breach of any thereof. It is the
intention of Husband and Wife to give each other, by the execution of this Agreement,
a full, complete and general release with respect to any and all property of any kind
or nature, real, personal or mixed, which the other now owns or may hereafter acquire,
except and only except all rights and agreements and obligations of whatsoever nature
arising or which may arise under this Agreement or for the breach of any provision
thereof.
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7. DISCLOSURE AND WAIVER OF PROCEDURAL RIGHTS: Each party
understands that he or she has the right to obtain from the other party a complete
inventory or list of all of the property that either or both parties own at this time or
owned as of the date of separation, and that each party has the right to have all such
property valued by means of appraisals or otherwise. Both parties understand that
they have the right to have a court hold hearings and make decisions on the matters
covered by this Agreement. Both parties understand that a court decision concerning
the parties' respective rights and obligations might be different from the provisions of
this Agreement.
Each party hereby acknowledges that this Agreement is fair and equitable, that
it adequately provides for his or her needs and is in this or her best interests, and that
the Agreement is not the result of any fraud, duress, 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
non-marital property as defined by the Pennsylvania Divorce Code.
b. The right to obtain an income and expense statement of the other
party as provided by the Pennsylvania Divorce Code.
c. The right to have property identified and appraised.
d. The right to discovery as provided by the Pennsylvania Rules of
Civil Procedure.
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e. The right to have the court determine which property is marital and
which is non-marital, and equitably distribute between the parties that property which
the court determines to be marital, and to set aside to either party that property which
the court determines to be the parties' non-marital property.
f. The right to have the court decide any other rights, remedies,
privileges, or obligations covered by this Agreement and/or arising out of the marital
relationship, including but not limited to possible claims for divorce, child or spousal
support, alimony, alimony pendente lite (temporary alimony), equitable distribution,
debt allocation, and counsel fees, costs and expenses.
8. PERSONAL PROPERTY: Husband and Wife do hereby acknowledge that
they will divide the marital property as of the date of this Agreement, including, but
without limitation, jewelry, clothes, furniture and other personalty and hereafter
Husband agrees that all the property in the possession of Wife on the date of this
Agreement shall be the sole, separate property of the Wife; and Wife agrees that all
of the property in the possession of the Husband on the date of this Agreement shall
be the sole, separate property of Husband; irrespective of the foregoing provisions,
Husband hereby agrees to set over, transfer and assign all of his right, title and interest
to those personal effects and items of personalty that are more fully described in
Schedule" A," which has been annexed hereto and made a part hereof and which shall
become the sole property of Wife with the right to remove same from the marital
premises or from wherever located, and Wife hereby agrees to set over, transfer and
assign all of her right, title and interest to those personal effects and items of
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personalty that are more fully described in Schedule "B" which has been annexed
hereto and made a part hereof and which shall become the sole property of Husband.
By these presents, each of the Parties does hereby specifically waive, release,
renounce and forever abandon whatever claims he or she may have with respect to
any of the above-items which are the sole and separate property of the other from the
date of execution hereof.
9. AFTER-ACQUIRED PERSONAL PROPERTY: Each of the Parties shall
hereinafter own and enjoy, independently of any claim or right of the other, all items
of personal property, tangible or intangible, acquired by him or her after August 25,
2000, with full power in him or her to dispose of the same as fully and effectively, in
all respects and for all purposes, as though he or she were unmarried.
10. DIVISION OF VEHICLES: With respect to the vehicles owned by one or
both of the parties, or the net proceeds or value derived from any prior sale or trade
in thereof, they agree as follows:
a. Toyota Echo shall be the sole and exclusive property of Wife.
b. The Volkswagen Jetta shall be the sole and exclusive property of
the eldest son, Dale Light.
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The titles or lease agreements to said vehicles shall be executed by the
parties, if appropriate, for effectuating transfer as herein provided on the date of
execution of this Agreement and said executed titles shall be delivered to the proper
party on the distribution date. For purposes of this Paragraph the term "title" shall be
deemed to include "power of attorney" if the title or lease agreement to the vehicle is
unavailable due to financing arrangements or otherwise. In the event any vehicle is
subject to a lien or encumbrance the party receiving said vehicle as his or her property
shall take it subject to said lien and/or encumbrance and shall be solely responsible
therefor and said party further agrees to indemnify, protect and save the other part
harmless from said lien or encumbrance. Each of the parties hereto does specifically
waive, release, renounce and forever abandon whatever right, title and interest he or
she may have in the vehicle(s) that shall become the sole and separate property of the
other pursuant to the terms of this Paragraph.
It is acknowledged that Wife traded in the Mazda MPV for a 2001 Toyota Echo.
A Lien is held on said vehicle by Members 1 st Federal Credit Union. Husband waives
any claim to the Toyota Echo. Wife shall be solely liable for the Members 1 st Federal
Credit Union loan. Wife shall indemnify and hold Husband harmless from any liability
on the loan.
11. REAL PROPERTY: Husband and Wife are the owners of a residence
located at 300 Forge Road, Boiling Springs, Pennsylvania. The residence is estimated
to have a present value of $115,000.00. There is presently due and owing a
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mortgage on said residence in the amount of $93,629.00 to U.S.D.A. Rural Housing
Authority.
Husband hereby agrees that all right, title and interest in aforesaid real
estate shall become the sole and separate property of Wife. Wife agrees to be solely
liable for the existing mortgage on the residence. Wife agrees to indemnify and hold
Husband harmless from any mortgage payments, taxes, liabilities and/or expenses
incurred in connection with said property.
Husband agrees that he will execute any documents required to transfer
title to the property to Wife including, but not limited to, a Quit Claim Deed.
12. PENSIONS AND RETIREMENT SAVINGS: Husband and Wife hereby
agree that Wife may retain all right, title and interest in her 401 K Plan with EDS. The
estimated value of same is $10,143.26. Husband agrees to sign any and all
documents necessary to waive his interest in said 401 K Plan.
Husband had an IRA. Husband cashed same in and applied the proceeds
towards some of his debts.
Husband has a Blind Vendor's Retirement Plan. Husband shall retain all
right, title and interest in The Blind Vendor's Retirement Plan. The estimated value of
the Retirement Plan is $40,000.00. Wife agrees to execute any and all documents
necessary to waive her interest in same.
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13. BUSINESS EQUIPMENT AND INVENTORY: Husband formerly operated
a small restaurant known as Light's Cafeteria. Husband shall retain any and all
inventory and equipment from said business. Wife agrees to waive any and all interest
she has in same.
14. COLLEGE SAVINGS: The parties hereby acknowledge that they have an
investment known as The Unique College Investing Plan with Fidelity Investments.
The value of same as of September 30, 2000, was $6,220.32. Husband and Wife
agree that said amount, plus any increase in the value of same, shall be used for the
college education of the children.
15. CUSTODY: Husband and Wife shall have shared legal custody of the
children. Wife shall have primary physical custody of the children. Husband shall have
periods of partial physical custody of the children upon mutual agreement of the
parties.
16. APPLICABILITY OF TAX LAW TO PROPERTY TRANSFERS: The parties
hereby agree and express their intent that any transfer of property pursuant to this
. Agreement shall be within the scope and applicability of the Deficit Reduction Act of
1984 (hereinafter the "Act"), specifically, the provisions of said Act pertaining to the
transfers of property between spouses and former spouses. The parties agree to sign
and cause to be filed any elections or other documents required by the Internal
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Revenue Service to render the Act applicable to the transfers set forth in this
Agreement without recognition of gain on such transfer and subject to the carry-over
basis provisions of the said Act.
17. LIABILITIES: During the course of the marriage, Wife and Husband have
incurred certain bills and obligations and have amassed a variety of debts, and it is
hereby agreed, without the necessity of ascertaining for what purpose and to who's
use each of the bills were incurred, that the parties shall be responsible for the debts
that each has separately incurred since August 25, 2000, except those more fully
described in Schedule "C" which has been annexed hereto and made a part hereof for
which Wife shall assume all liabilities and Schedule "0" which has been annexed
hereto and made a part hereof for which Husband shall assume all liability. Wife shall
indemnify and hold Husband harmless from payment of all of said debts on Schedule
"C" and Husband shall indemnify and hold Wife harmless from payment of all of said
debts on Schedule "0".
18. WARRANTY AS TO EXISTING OBLIGATIONS: Each Party represents that
they have not heretofore incurred or contracted for any debt or liability or obligation
for which the estate of the other Party may be responsible or liable except as may be .
provided for in this Agreement. Each Party agrees to indemnify or hold the other Party
harmless from and against any and all such debts, liabilities or obligations of every kind
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which may have heretofore been incurred by them, including those for necessities,
except for the obligations arising out of this Agreement.
19. WARRANTY AS TO FUTURE OBLIGATIONS: Husband and Wife each
covenant, warrant, represent and agree that each will now and at all times hereafter
save harmless and keep the other indemnified from all debts, charges and liabilities
incurred by the other after August 25, 2000, except as may be otherwise specifically
provided for by the terms of this Agreement and that neither of them shall hereafter
incur any liability whatsoever of which the estate of the other may be liable.
20. WAIVER OF ALIMONY. SUPPORT AND MAINTENANCE: Husband and
Wife do hereby waive, release, and give up any rights they may respectfully have
against the other for alimony, support, or maintenance. It shall be from the date of
this Agreement the sole responsibility of each of the respective parties to sustain
themselves without seeking any support from the other party. The parties hereby
acknowledge that by this Agreement each has respectfully secured and maintained a
substantial and adequate fund with which to provide themselves sufficient financial
resources to provide for their comfort, maintenance and support in the station of life
to which they are accustomed.
21. OTHER DOCUMENTATION: Wife and Husband covenant and agree that
they will forthwith (and within at least thirty (30) days for demand therefore) execute
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any and all written instruments, assignments, releases, satisfactions, deeds, notes or
other such writings as may be necessary or desirable for the proper effectuation of this
Agreement in order to carry out fully and effectively the terms of this Agreement.
22. FULL DISCLOSURE: Each party asserts that he or she has made a full
and complete disclosure of all of the real and personal property of whatsoever nature
and wherever located belonging in any way to either or both of them, of all the debts
and encumbrances incurred in any manner whatsoever by either or both of them during
the marriage, of all sources and amounts of income of each party, and of every other
fact relating in any way to the subject matter of this Agreement. These disclosures
are part of the consideration made by each party for entering in this Agreement.
23. BANKRUPTCY: The parties hereby agree that the provisions of this
Agreement shall not be dischargeable in bankruptcy and expressly agree to reaffirm
any and all obligations contained herein. In the event. a party files such bankruptcy and
pursuant thereto obtains a discharge of any obligations assumed hereunder, the other
party shall have the right to terminate this Agreement in which event the division of
the parties' marital assets and all other rights determined by this Agreement shall be
subject to court determination the same as if this Agreement had never been entered
into.
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24. FEES. COSTS AND EXPENSES: Each party agrees to be solely
responsible for her and his respective counsel fees, costs and expenses in negotiating
and concluding this Agreement, dissolving their marriage and consummating all
provisions of this Agreement.
25. ENTIRE AGREEMENT: This Agreement contains the entire understanding
between the Parties. There are no representations, warranties, covenants or
undertakings other than as expressly set forth herein.
26. WAIVER OR MODIFICATION TO BE IN WRITING: No modification nor
waiver of any of the terms hereof shall be valid unless in writing and signed by both
Parties and no waiver of any breach hereof or default hereunder shall be deemed a
waiver of any subsequent default of the same or similar nature.
27. LAW OF PENNSYLVANIA APPLICABLE: This Agreement shall be
construed in accordance with the laws of the Commonwealth of P'ennsylvania.
28. AGREEMENT BINDING ON HEIRS: This Agreement shall be binding and
shall inure to the benefit of the Parties hereto and their respective heirs, executors,
administrators, successors and assigns.
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29. SEVERABILITY: If any term, condition, clause or provision of this
Agreement shall be determined or declared to be void or invalid in law or otherwise,
then only that term, 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. Likewise, the failure of any Party to meet his or her
obligations under anyone or more of the paragraphs herein with the exception of the
satisfaction of the conditions precedent, shall in no way void or alter the remaining
obligations of the Parties.
.
30. NO WAIVER OF DEFAULT: This Agreement shall remain in full force and
effect unless and until terminated under and pursuant to the terms of this Agreement.
The failure of either party to insist upon strict performance 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 subsequent default of the same or similar nature, nor
shall it be construed as a waiver of strict performance of any other obligations herein.
31. BREACH: If for any reason either Husband or Wife fails to perform his
or her obligations hereunder to the other spouse, and the other spouse incurs any
expense hereby (including but not limited to legal fees and costs) in enforcing his or
her rights, the non-breaching party shall have the right, at his or her election, to sue
in law or in equity to enforce any rights and remedies which the party may have and
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the spouse who failed to perform the obligations agrees to indemnify the other spouse
and hold him or her harmless from any and all such expenses.
32. HEADINGS NOT PART OF AGREEMENT: Any headings preceding the
text of the several paragraphs and subparagraphs hereof are inserted solely for the
convenience of reference and shall not constitute a part of this Agreement nor shall
they effect its meaning, construction or effect.
IN WITNESS WHEREOF, the Parties hereto have set their hands and seals the
day and year first above-written.
WITNESS:
~~~~T~ (SEAL)
(SEAL)
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COMMONWEALTH OF PENNSYLVANIA
: SS.
COUNTY OF DAUPHIN
On this, the j/~i:l day of ctr;~ , 2001, before me, a Notary
Public in and for said Commonwealth and County, personally appeared MARGARET
KELLY LIGHT, known to me (or satisfactorily proven) to be the person whose name
is subscribed to the within Agreement, and acknowledged that she executed the same
for the purposes therein contained.
IN WITNESS WHEREOF, I hereunto set my hand and official seal.
~AMuuJ[1. ~
Notary Public
My Commission Expires:
Notarial Saal
Frances A. Aumiller, Notary Public
Harrisburg, Dauphin County
My Commission Expires Mar. 16, 2002
Member, Pennsylvania Association ot Notaries
(SEAL)
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF 0Hrn~'\Z.lMi:::>
.
: SS.
On this, the C\.-rV\ day of _~'\l' \ \ . , 2001, before me, a Notary
Public in and for said Commonwealth and County, personally appeared RONALD ALAN
LIGHT, known to me (or satisfactorily proven) to be the person whose name is
subscribed to the within Agreement, and acknowledged that he executed the same for
the purposes therein contained.
IN WITNESS WHEREOF, I hereunto set my hand and official seal.
\J\.CY~ ~hi~
Notary Public
MyCbmmission Expires:
(SEAL)
NOTARIAL SEAL
Vickie J. Group, Notary Public
Borough of Carlisle, County of Cumberland
I My Commission Expires Aug. 30,2004
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SCHEDULE "A"
Wife's Personal Prooerty
Any and all personal property presently in Wife's possession except the hand and
power tools located in the garage of the marital residence (see Schedule "B"). In
addition, Wife shall be entitled to the following:
Savings Account - $200.00
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SCHEDULE "B"
Husband's Personal Property
Any and all personal property presently in Husband's possession.
Hand and power tools located in the garagae of the marital residence.
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SCHEDULE "C"
Wife's Liabilities
Sallie Mae Stafford Student Loan (2) - $2,234.37 and $1,675.93
U.S.D.A. Rural Housing Authority - Mortgage on the residence $93,629.00
Gateway Credit Card - $1,116.00
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SCHEDULE "0"
Husband's Liabilities
Internal Revenue Service - $3,350.14 as of March 16~ 1998 plus an additional
$2,900.00 (approximately) for 1999 Federal Income Taxes plus any amount owed by
Husband for himself and/or his business for the year 2000.
Dale and Helen Light - Promissory Note - $25,000.00 (Approximately)
Fleet Credit Card - $9,924.00
Bank One/National Credit Card - $6,371.00
Universal Card Services - $3,026.00
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