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Home My WebLink About01-04341IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY STATE OF PENNA. STANLEY E. TRITT ~ " '`~ Plaintiff VERSUS MARY B. TRITT Defendant N O. O1 - 4341 DECREE IN DIVORCE ~ ~/~ AND NOW, , ~ IT IS ORDERED AND DECREED THAT AND STANLEY E. TRITT MARY B. TRITT ARE DIVORCED FROM THE BONDS OF MATRIMONY. PLAINTIFF, DEFENDANT, 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; Property Settlement Agreet~lent dated September 12, 2002 is incorporated into this order ~~°- ~~ 7~ -~ ~~ ~O, °I/- p,~, moo, ~~' ~' I_~ ane ~,.,,,.x,u~.~r,.~rvs~+-~,rn+amo-,e awsg~r . r PROPERTY SETTLEMENT AND SEPARATION AGREEMENT THIS AGREEMENT, made this ,?'t day of September, 2002, at Carlisle, Cumberland County, Pennsylvania, by and between STANLEY E. TRITT of 313 Arch Street, Carlisle, Cumberland County, Pennsylvania 17013 (hereinafter referenced as "Husband") AND MARY B. TRITT of 1083 Centerville Road, Newville, Cumberland County, Pennsylvania 17241 (hereinafter referenced as "Wife"). ARTICLE I SEPARATION 1.01 Separation of Parties. Differences have arisen between the parties as a result of which they have been living separately and apart since on or about May 24, 2001. 1.02 Intention to Live Apart. The parties intend to maintain separate and permanent domiciles and to live apart from each other. It is the intention and purpose of this Agreement to set forth the respective rights and duties of the parties while they continue to live apart from each other and to settle all financial and property rights between them. WAYN6 F. SHADC Allomey at law 53 Wesl Pomfret $lreel Carlisle, Pennsylvania 17013 ARTICLE II ENFORCEABILITY AND CONSIDERATION 2.01 Equitable Distribution of Marital Property. The parties have attempted to divide their marital property in accordance with the statutory rights of the parties and in a manner which conforms to the criteria set forth in §401 of the Pennsylvania Divorce Code, and taking into account the following considerations: Any prior marriages of the parties; the age, health, station, amount and sources of income, vocational skills, employability, estate, liabilities and needs of each of the parties; the contributions of each party; the opportunity of each party for future acquisition of capital assets and income; the sources of income of each party, including, but not limited to, medical, retirement, insurance or other benefits; the contribution or dissipation of each party in the acquisition, preservation, depreciation or appreciation of marital property, including the contribution of each party as homemaker; the value of the property set apart to each party; the standard of living of the parties established during the marriage; and the economic circumstances of each party at the time the division of property is to become effective. The division of existing marital property is not intended by the parties to constitute W AYNf F. SHADE Atlamey at Law 53 west Pomfret Stree Carlisle, Pennsylvania 17013 in anyway a sale or exchange of assets, and the division is being effected without the introduction of outside funds or other property not constituting marital property. The division of property under this Agreement shall be in full satisfaction of all rights of equitable distribution of the parties. _Z_ 2.02 Incorporation and Merger. This Agreement shall be incorporated but not merged in the decree oi' divorce contemplated herein. This Agreement shall survive any action for divorce and decree of divorce and, unless otherwise set forth herein shall forever be binding and conclusive on the parties; and any independent action may be brought, either at law or in equity, to enforce the terms of this Agreement by either Husband or Wife until it shall have been fully satisfied and performed. Any provisions herein concerning property rights and counsel fees shall not be modifiable. The considerations for this Agreement are the mutual benefits to be obtained by both of the parties hereto and the covenants and agreements of each of the parties to the other. The adequacy of the consideration for all agreements herein contained is stipulated, confessed and admitted by the parties, and the parties intend to be legally bound hereby. 2.03 Agreement Predicated on Divorce. It is specifically understood and WAYNE F, SHADE Anomey at Law 53 West Pomfret Street Carlisle, Pennsylvania nou agreed, by and between the 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 predicated upon the execution of the necessary documentation to achieve a divorce by mutual consent and Husband's proceeding to conclude the pending divorce in a timely manner at his expense. 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 1 i•om defending any such action which has been, may or shall be instituted by the other party, nor from making any just or proper defense thereto. It is warranted, covenanted and represented by Husband and Wife, each to the other, that this -3- Agreement is lawful and enforceable and this warranty, covenant and representation is made for the specific purpose of inducing Husband and Wife to execute the Agreement. Husband and Wife each knowingly and understandingly hereby waive any and all possible claims that this Agreement is, for any reason, illegal or for any reason whatsoever of public policy, unenforceable in whole or in part. Husband and Wife do each hereby warrant, covenant and agree that, in any event, he and she are and shall forever be estopped from asserting any illegality or unenforceability as to all or any part of this Agreement. 2.04. Representation by Independent Counsel. Each of the parties are represented by independent counsel in the preparation and execution of this Agreement. Wife is represented by Wayne F. Shade, Esquire, and Husband is represented by Hubert X. Gilroy, Esquire, of Broujos & Gilroy, P.C. ARTICLE III EQUITABLE DIVISION OF MARITAL PROPERTY 3.01 Equitable Division of Real Property. (a) Immediately upon execution of this Agreement by Husband, Wife will proceed WAYNE F. SHADE Anomey aI Laa~ S3 Wesl Pomfret Slree Carlisle, Pennsylvania 17013 with an application to refinance the existing mortgage against the marital home in the name of Wife, alone. 7'he marital home will be conveyed to Wife in the process of refinancing of the existing mortgage. At the time of the refinancing, Wife will pay to Husband the sum of Twelve Thousand Five Hundred and No/100 ($12,500.00) Dollars; (b) Wife will have no claim against Husband's one-third (1/3) interest in a cabin in Union County, Pennsylvania; and -4- :~~ _ i (c) Husband will have no claim against the Martin family farm. 3.02 Equitable Division of Personal Property. (a) Husband's fitness equipment, electrical equipment and materials and cold table are in the garage of the marital residence. Husband will remove those items from the garage within thirty (30) days from the execution of this Agreement. In removing the items, Husband will not enter other portions of the marital residence. All other fiuniture, household goods and other similar untitled personal property have been divided to the mutual satisfaction of the parties hereto, and each of the parties retains absolute ownership of such items in his or her possession or control at the date of this Agreement. The property shall be deemed to be in the possession or under the control of either party if, in the case of tangible personal property, the item is physically in the possession or control of the party at the time of the signing of this Agreement and, in the case of intangible personal property, if any physical or written evidence of ownership, such as passbook, checkbook, policy or certificate of insurance or other similar writing is in the possession or control of the party, unless provided otherwise in this Agreement; (b) Husband will keep his savings account, checking account, Christmas account, vacation account, deferred compensation plan through the Commonwealth of Pennsylvania, employee pension through the Commonwealth of Pennsylvania and his 1989 Chevrolet pick-up truck and 1989 Ford van; (c) All other marital property and any increase in value of Wife's non-marital WAYNE F. SHADE Attorney at Law 53 West Pomfret Stree Carlisle, Pennsylvania 17013 properly shall be the property of Wife. -5- ARTICLE IV DEBTS OF PARTIES 4.01 Loans. Responsibility for the outstanding loan obligations of the parties is assigned, as follows: (a) Wife will refinance the mortgage on the marital home in her name, alone, and will see to the satisfaction of the existing mortgage against the marital home; (b) In conjunction with the refinancing of the mortgage on the marital home, Husband will satisfy the obligation at the Pennsylvania State Employes' Credit Union; and (c) Wife will be responsible for payment of her Visa and Bon-Ton charge accounts. 4.02 Post-Separation Obligations. Each party represents to the other that, except as specifically set forth immediately above, there are no outstanding joint obligations of the parties and that since the separation neither party has contracted for any debts for which the other will be responsible. 4.03 Indemnification. Each party indemnifies and holds harmless the other for all obligations separately incurred or assumed under the provisions of this Agreement. 4.04 Bankruptcy. The respective duties, covenants and obligations of each party WAYNE F. SHADE ALLOmey at Law 5i West Pomfret Street Carlisle, Pennsylvania Hots under this Agreement shall not be dischargeable by bankruptcy, but if any bankruptcy court should discharge a party of accrued obligations to the other, this Agreement shall continue in full force acid effect thereafter as to any duties, covenants and obligations accruing or to be performed thereafter. In the event that either party becomes a debtor in -6- :.~,m~ ~, bankruptcy or financial reorganization proceedings of any kind while any obligations remain to be performed by that party for the benefit of the other party pursuant to the provisions of this Agreement, the debtor spouse hereby waives, releases and relinquishes any right to claim any exemption (whether granted under state or federal law) to any property remaining in the debtor as a defense to any claim made pursuant hereto by the creditor spouse, and the debtor spouse hereby assigns, transfers and conveys to the creditor spouse an interest in all of the debtor's exempt properly sufficient to meet all obligations to the creditor spouse as set forth herein, including all attorney's fees and costs incurred in the enforcement of this paragraph or any other provision of this Agreement. No obligation created by this Agreement shall be discharged or dischargeable, regardless of federal or state law to the contrary, and each party waives any and all right to assert that any obligation hereunder is discharged or dischargeable. The failure of any party to meet his or her obligations under any one or more of the paragraphs herein, with the exception of the satisfaction of conditions precedent, shall not in any way void or alter the remaining obligations of either of the parties. ARTICLE V ALIMONY AND SPOUSAL SUPPORT 5.01 Spousal Support. (a) The Order of September 24, 2001, docketed to No. 583 Support 2001 in the WAYNE F. SHADF_ Auomey at Law 53 West Pomtiet Streel Carlisle, Pennsylvania nau Court of Common Pleas of Cumberland County, Pennsylvania, for spousal support shall be terminated upon the execution of this Agreement by Husband and the payment of all arrearages, if any, due to the date of Husband's execution of this Agreement. The -7- execution of this Agreement by Wife shall constitute her waiver of all further spousal support thereafter; and (b) Anything herein to the contrary notwithstanding, Husband will maintain the existing health insurance on Wife until the entry of a full and final Decree in Divorce. Wife will he free to pursue any health insurance continuation plans through Husband's employment so long as it will be at her expense and at no expense to Husband. 5.02 Alimony. Each of the parties waives alimony generally. ARTICLE VI COUNSEL FEES 6.01 Present Fees. In the event of amicable settlement of all marital issues and the entry of a Decree in Divorce pursuant to mutual consent within thirty (30) days from the date of this Agreement, each of the parties hereby assumes his and her own counsel fees up to and including the date of the Decree in Divorce. b.02 Counsel Fees After Divorce. The parties agree with respect to counsel fees incurred after the divorce, as follows: (a) In the event that future legal proceedings of any nature may be necessary for the interpretation or enforcement of this Agreement or any valid modifications hereof, the prevailing party shall be entitled to reasonable counsel fees incurred. (b) Reasonable counsel fees hereunder shall be defined as reasonable hours expended at the then hourly rate of counsel for the prevailing party. WAYNE F. SHADE Aporney at Law Sl West Pomfret Srree Carlisle, Pennsylvania 17013 _g_ (c) Such counsel fees shall extend to any independent proceedings necessary to collect counsel fees or to enforce any other judgment or decree in connection with this Agreement. ARTICLE VII GENERAL PROVISIONS 7.01 Income Tax Consequences. The parties have heretofore filed joint federal and state income tax returns. Both parties agree that in the event any deficiency in federal, state or local income tax is proposed, or any assessment of any such tax is made against either of them, each will indemnify and hold harmless the other from and against any loss or liability for any such tax deficiency or assessment and any interest, penalty and expense incurred in connection therewith. Such tax, interest, penalty or expense shall be paid solely and entirely by the individual who is fmally determined to be responsible for the deficiency or assessment. Except as otherwise set forth herein, any income tax incidents of any kind imposed by virtue of any transfers of assets or other payments required under this Agreement will be the responsibility of the transferee; 7.02 General Release of All Claims. Each party hereto releases the other from WAYNE F. SHADE Anomey a~ Law 53 West Pomfret S~reei Carlisle, Pennsylvania I701i all claims, liabilities, debts, obligations, actions and causes of action of every kind that have been incurred relating to or arising from the marriage between the parties. However, neither party is relieved or discharged from any obligation under this Agreement or any other instrument or document executed pursuant to this Agreement. 7.03 Waiver of Estate Claim. Except as otherwise herein provided, in the event of the death of either party hereto, each party hereby waives, releases and relinquishes -9- any and ail rights that he or she may have or may hereafter acquire as the other parties' spouse under the present or fixture laws of any jurisdiction, as follows: (a) to elect to take against the will or codicils of the other party now or hereafter enforced; (b) to share in rile other parties' estate in cases of intestacy; and (c) to act as executor or administrator of the other parties' estate. 7.04 No Debts and Indemnification. Each party represents and warrants to the other that he or she will not incur any debt, obligation or other liability, other than those already described in this Agreement, on which the other party is or may be liable. Each party covenants and agrees that if any claim, action or proceeding is hereafter initiated seeking to hold the other party liable for any other debt, obligation, liability, act or omission of such party or for any obligation assumed by a party hereunder, the party liable will, at his or her sole expense, defend the other against any claim or demand, whether or not well-founded, and that he or she will indemnify and hold harmless the other party in respect to all damages resulting therefrom. The obligation created hereunder will be payable as alimony so as to constitute an exception to discharge in bankruptcy. 7.05 Full Disclosure. Each party asserts that he or she has made a full and W AYNE F. SHADE Attorney at Law 53 West Pomfret Stree Carlisle, Pennsylvania 17013 complete disclosure of all of the real and personal properly of whatsoever nature and wheresoever located belonging in anyway to each of them, of all sources and amounts of income received or receivable by each party, and of every other fact relating in anyway to _]Q_ STANLEY E. TRiTT, Plaintiff v MARY B. TRITT, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO.OI- CIVIL ACTION -LAW IN DIVORCE CmMPLAINT Plaintiff, Stanley E. Tritt, by his attorneys, Broujos & Gilroy, P.C., sets forth the following: 1 Plaintiff, Stanley E. Tritt, is an adult individual residing at 311 Arch Street, Carlisle, Cumberland County, Pemnsylvania. 2 Defendant, Mary B. Tritt, is an adult individual residing at 1083 Centerville Road, Newville, Pennsylvania. 3 The parties were married on March 24, 1990, in Cumberland County, Pennsylvania. 4 Plaintiff and Defendant have lived continuously in the Commonwealth of Pennsylvania for at least six months prior to the commencement of this action. 5 There have been no prior actions for divorce or annulment in this or any other jurisdiction within the knowledge of the Plaintiff. In accordance with Section 3301(c) of the Divorce Code, the marriage between the parties is irretrievably broken. 7 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. WHEREFORE, the Plaintiff requests your Honorable Court to decree that the Plaintiff be divorced from the Defendant. BROUJOS & GILROY, P.C. By Hubert X. Gilro ,Esquire Attorney for P 'ntiff Broujos & G' roy, P.C. 4 North H over Street Carlisle, P 17013 717 - 243-4574 I verify that the statements in the foregoing pleading. are true and correct. I understand that false statements herein are made subject to the penalties of 18 PaCS 4904 relating to unsworn falsification to authorities. Stanley E. Tritt n -~ ~ ;n ,~ ~ __ ` _ n ~ ~~ .. ~ ~ ~ STANLEY E. TRITT, :IN THE COURT OF COMMON PLEAS OF Plaintiff :CUMBERLAND COUNTY, PENNSYLVANIA v NO.Ol - 4341 CIVIL MARY B. TRITT, :CIVIL ACTION -LAW Defendant I, Hubert X. Gilroy, being duly sworn according to law do depose and state that a copy of the Complaint and Notice to Plea filed in the above referenced matter was served on Defendant Mary B. Tritt, by certified mail on July 23, 2001. A copy of the Certified Mail -Return Receipt Requested, Restricted Delivery, is attached hereto and marked Exhibit A. o~~ ~ DATE Hffbert X. Gilro~!Esquire Attorney for Plaintiff Broujos & Gilroy, P.C. 4 North Hanover Street Carlisle, PA 17013 717 - 243-4574 Sworn and subscribed before me this day f October, 200 t~2! G1 Notary blic Notnriai Sent Bndget Ann Corcoran, Notary Public Carlisle Boro. Cumbedaad Couaty My Commission Expires June I0, 2006 Member, Pennsylvania Association M tVWades ~ ,. -.ck 1. ~ - +• - s .Fe ~~- -'~"~_ ~e. ~ Vic. < -' w } ^ Complete items 1, 2, and 3. Also-complete- ~ A. Received by (Please Pnnf Clearly) B. Date of Delivery 1` item 4 if Restricted Delivery Is desired. -- - ~-2,3-(1 i ; ^ Print your name and address on the reverse - I Signature -C { so that we can return the card to you. ! ^ . f~ tom ~ A@ent _ ~ - Attach this card to the back of the mailplece, - X , ~ ~~ - - -~~ or on the front if space permits. ~~~ ~~ rJ Addressee c ~ ~~-" -- -----_---- O. Ls del' differentfromitem 7?'^Yes ~ '-- - _' _ -` 1. Article Addressed to: -_- _ - If YES, enter livery address below: ^ No i , _ I ~ l o k3 C.z y,re n v; ll~ R . ~ )) ~ p ¢¢ Nf,W Vf I(2 1'A el 5 r 17a f '! 3. Service Type - "y " ®Certified Mail ^ Express Mail ~ ' I i ^ Registered ~ Retum Receipt for Merohantlise 1 ;g . ^ Insured Mail ^ C.O.D. ~ __ , "' - . - ~ ~ . .: i:'4,:Resficted Delivery4 (Extra Fee) ~y~ r 2. Article Number (Copy from service labe7J ~~/ ~ 1 7og`E 3Kao ool~ S'o Y6 b 1 's - ,. s PS Form 38~ ~, July 1999 ~ ~ Domestic Return Receipt °' `- ` t>!t ~ :.g{ ~.i ... . .102591-00-M-0992;' ~ i} ....,; <~ c.: ns ~ U:.; ~ ~ ~: - r _ . ~ :; ~, , 1 ~:~ -G'r=- say ,,ern °~ CT ~'> .b '.-~ tom" .. ~„~scre =~..a-., ...~a,:s..: w,'sr;x~ka!'~'~Girt=nNA: STANLEY E. TRITT, Plaintiff v MARY B. TRITT, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA O1- 4341 CIVIL TERM IN DIVORCE AFFIDAVIT OF CONSENT AND WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER SF,C'TinN'i301(e~ nF THF.1niVnRC'F, rn1nF, 1. A Complaint in divorce under Section 3301(C) of the Divorce Code was filed on July 18, 2001. 2. Defendant acknowledges receipt and accepts service of the Complaint on or about July 23, 2001. 3. The marriage of the Plaintiff and Defendant is irretrievably broken and ninety days have elapsed from the date of the filirig of the Complaint. 4. I consent to the entry of a final decree of 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. §4904 relating to unswom falsification to authorities. Date: ~ O` 1- O 2 ~~ ~1~.~,~,~~ d'!f^1P Stanley E. Vitt /Plaintiff ~ i'\Y [ ; 'P 'Tl ~ ~ ? ' F77/T `ry c Ti ---1 ~"1~- Z~,- t „m rqJ p qA -'•~ 411 Z ~ ...~s r~.e ~ ~U ~~~~ ~ ~' ~. `~$w -.. ~, .. ._ ply ~ .t. .e...r v__°~1~{_. ~ ,_ Y STANLEY E. TRITT, : IN THE COURT OF COMMON PLEAS OF Plaintiff :CUMBERLAND COUNTY, PENNSYLVANIA CML ACTION -LAW v. NO.O1-4341 CIVIL TERM MARY B. TRITT, Defendant : IN DIVORCE AFFIDAVIT OF CONSENT AND WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER §3301(c) OF THE DIVORCE CODE COMMONWEALTH OF PENNSYLVANIA ) SS: COUNTY OF CUMBERLAND ) 1. A Complaint in Divorce under §3301(c) of the Divorce Code with Notice of Availability of Counseling was filed on July 18, 2001, and served on Defendant by United States certified mail, return receipt requested, addressee only and the same was received by Defendant on July 23, 2001. 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety (90) days have elapsed from the date of filing and service of the Complaint. 3. I consent to the entry of a Final Decree of Divorce without notice. 4. WAYNE F. SHADE Attorney at Law 53 West Pomfret Street Carlisle, PeMSylvania 17013 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. Y 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 of my right to counseling and understand that I may request that the Court require that my spouse and I participate in counseling. 7. I understand that the Court maintains a list of marriage counselors in the Domestic Relations Office, which list is available to me upon request. 8. Being so advised, I do not request that the Court require that my spouse and I participate in counseling prior to a Divorce Decree's being handed down by the Court. 9. I verify that the statements made in this Affidavit are true and correct. I WAYNE F. SHADE Attorney at Law 53 West Pomfret Street Carlisle, Pennsylvania 17013 understand that false statements herein are made subject to the penalties of 18 Pa.C.S. §4904 relating to unsworn falsification to authorities. Date: September 12, 2002 M rift a ~~n' zC ~ ~,r~ -G!~ 'CFI ._j~ „4l r- ~() aC7 7V _~.. -r' r.y :p