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HomeMy WebLinkAbout01-06807 ~N'" ,~ '{" . . . . . . . . . . . . . . . . . IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY STATE OF PENNA. BARBARA A. MINNICH, P1'li"t-iff No. 01-6807 CIVIL TERM VI'!;RSUS TIMQTUY ~ MI}~TICM, Defendant DECREE IN DIVORCE AND NOW, ~ ~~ IS ORDERED AND ""2b DECRE~D 'THAT RARRARA A MTNNTrH , PLAINTIFF, AND TIMQTHY A. MINNICH DEFENDANT, ARE DIVORCED FROM THE; BONDS OF MATRIMONY. ThlJ;;: COURT RETAINS JURISDICTION OF THE FOLLOWING CLAIMS WHICH HAVE BEEN RAI!;ED OF RE;CORI;lIN THIS ACTION FOR WHICH A FINAL ORDER HAS NOT YET BEEN ENTERED; ~ No issues are outstanding. All issues have been resolved and settled by the parties' Marriage Settlement Agreement dated October 25, 2001, ~ ATI"t~~yf.! By THE PROTHONOTARY --'""'<<',.I~, ,_~,~ ,> " l' Ii-I" ,-,'-, . . . . . . . . . . . . '. . . . , . , . . , , . . . . . . . . . J. , . . . . . . ,. 1 l' ....".~ :t'irff"" ~-~~~~~liii~~'i~...ciI...>t~'_~ffI;,f,~~~'-!4;h~II!i;.-" ~11'~' ..~ ~"--"'-~ .~.~, ;.: '--"'IiIl.,-ita:~."~ - '. . ,~ >, ". 1f"' 1~ , '. 3",'7.t?o? &d..C~ ~ ~ ~ ~ j'd).O,~) ~ ~ ~ a#~ ~ ~ ./"', '. >~" . 'i" I . ( MARITAL SETTLEMENT AGREEMENT THIS AGREEMENT, made this ~day of ~ ' 2001, by and between TIMOTHY ALAN MINNICH, residing at 1215 Minnich Road, Mechanicsburg, Cumberland County, . Pennsylvania hereinafter referred to as "HUSBAND," and BARBARA ANN MINNICH, residing at 4184 Cove Court, Apartment 104, Mechanicsburg, Cumberland County, Pennsylvania, hereinafter referred to as "WIFE." WITNESS ETH: WHEREAS, the parties were lawfully married on August 27, 1972, in Boiling Springs, Cumberland County, Pennsylvania and separated on July 27,2001; and WHEREAS, the parties are desirous of settling all rights and claims that have accrued to each of them in the estate and real and personal property of the other by reason of the marriage, and all economic rights of every kind and description arising from the marital relationship, including but not limited to inheritance rights, past, present and future rights of support, alimony pendente lite, alimony, payment of counsel fees and equitable distribution of their property, which property is considered to be "marital property" as defined in the Divorce Code known as Act 26 of 1980, and amendments thereto enacted into law on February 12, 1988; and NOW THEREFORE, in consideration of the promises and the mutual undertaking herein contained and for other good and valuable consideration, the parties, intending to be legally bound, agree as follows: 1. Separation. It shall be lawful for the parties to hereinafter live separate and apart. Each shall be free from interference, authority, and control, direct and indirect, by the other as if he or she were single and unmarried. 2. Control of Agreement. The provisions of this Property Settlement Agreement shall govern all past, present, and/or future claims for alimony, support, counsel fees and cosls, alimony pendente lite, equitable distribution, or other property rights, and all other claims which the WIFE or HUSBAND has or might have against the other except as set forth hereinafter. -~h"~'":""~'!'W.<M"-i~~ JiL "_. _~ rrr, "-;'- ~~ ~... ~ ~n,;"~ ',""~ -, ~.." ' ~ ,- " . ..... . 3. Divorce Decree. The parties acknowledge that their marriage is irretrievably broken and that they will secure the entry of a mutual consent no fault divorce decree in a divorce action to be filed by WIFE in Cumberland County, Pennsylvania. WIFE shall be responsible for all costs associated with the filing of such action. As soon as permitted under the terms of the Pennsylvania Divorce Code, the parties shall execute and file all documents and papers, including Affidavits of Consent and Waiver of Notice Forms, necessary to finalize said divorce. If either party fails or refuses to finalize said divorce or execute and file the documents necessary to finalize the divorce, said failure or refusal shall constitute a material breach of this Agreement and shall entitle the other party at his or her option to terminate this Agreement, in which event the parties shall be restored to the same legal position each had been immediately prior to the execution of this Agreement, and either party may then proceed with the litigation of any claims heretofore raised in this divorce action the same as if this Agreement had never been executed by the parties. This Agreement shall be incorporated into any forthcoming Decree in Divorce. 4. Real Property. The parties are the owners of a certain tract of improved real estate known and numbered as 1215 Minnich Road, Mechanicsburg, Cumberland County, Pennsylvania, heretofore used as their marital residence (the "Real Estate"). WIFE vacated the Real Estate on July 27, 2001. There is a mortgage in joint name encumbering the Real Estate owed to Alliance Mortgage, in the approximate amount of Forty Thousand ($40,000.00) Dollars ("the Mortgage"). Monthly payments on this obligation approximate One Thousand, One Hundred ($1,100.00) Dollars. There is also a Home Equity Loan in joint name encumbering the Real Estate owed to ~n the approximate amount of Sixty Six Thousand ($66,000.00) Dollars ("the Home Equity Loan"). Monthly payments on this obligation approximate Seven Hundred and Eighty One ($781.00) Dollars. With respect to the Real Estate, the Mortgage and the Home Equity Loan the parties agree as follows: A. Conveyance: WIFE shall make, execute and deliver all documents in the usual form conveying, transferring and granting to HUSBAND, all of her right, title and interest in and to the Real Estate, and upon the payment of the amount of Twenty Thousand ($20,000.00) Dollars and the refinance of the Mortgage and Home Equity Loan hereinafter provided, WIFE specifically waives, releases, renounces and forever abandons all right, title and/or interest therein. The deed of conveyance therefore shall be executed by WIFE at the signing of this Agreement and held in escrow by WIFE'S attorney's pending the refinance or sale as set forth in subparagraph C or D below and payment of the sum of Twenty Thousand ($20,000.00) Dollars set forth in Paragraph 5 below, at which time the deed shall be delivered to HUSBAND through his attorney for recordation. HUSBAND shall at that time, receive the Real Estate, specifically including any and all equity therein, O_"j"!';;11:~:'lW~'~'Il! ,. ~~~"'"r; '-" ".~~," """'r'1',iIiIR'll'~_""~"!",,~!\l'lF!ll"''''''',"''''''''''~,,,, ~",,~~;J!@ 'fr-'"""'''''''>-Y_''' ,,~-'" . , as his sole and separate property, free and clear of any right, title, claim and/or interest of WIFE. Until such time, HUSBAND shall continue to enjoy exclusive possession of the Real Estate. B. Liens. Encumbrances and Expenses: The said conveyance shall be subject to all liens and encumbrances including, but not limited to the lien of the Mortgage, the Home Equity Loan, real estate taxes and any other municipal liens. Both parties acknowledge and represent that all bills in connection with the Real Estate are current to the best of their knowledge, and that no encumbrances exist against the Real Estate other than the Mortgage and the Home Equity Loan. The conveyance shall further be under and subject to any covenants and restrictions of record. HUSBAND shall be solely responsible for the payment of the Mortgage, the Home Equity Loan, real estate taxes, other municipal liens and any and all other expenses associated with the Real Estate, whether incurred in the past, present or future, and shall indemnify, protect and save WIFE harmless therefrom. C. Refinance: HUSBAND shall use his best efforts to refinance the Mortgage and the Home Equity Loan within ninety (90) days of the date of this Agreement, so as to release WIFE from further liability thereunder. The costs of refinancing shall be paid by HUSBAND. HUSBAND has already made an initial contact with Commerce Bank and anticipates that settlement will occur at the end of October 2001. D. Sale: In the event HUSBAND is unable to secure the refinancing and subsequently release WIFE from liability in connection with the Real Estate, then the Real Estate shall be listed for sale and sold at the best price obtainabie. At settlement, the net proceeds after payment of all normal and reasonable settlement costs and payment of all existing liens, mortgages and encumbrances, shall be paid to HUSBAND as his sole and separate property, provided the Twenty Thousand ($20,000.00) Dollar cash payment owed to WIFE as set forth in Paragraph 5 below has been paid. If that cash payment has not been paid to WIFE, then the net proceeds shall be applied first to satisfying that outstanding cash payment due WIFE, and the remainder shall be paid to HUSBAND as his sole and separate property. E. Taxes Upon Sale: Further, in the event of a sale, HUSBAND shall be solely responsible for the timely and prompt reporting and payment of any and all taxes, including capital gains taxes or the equivalent, and shall report the same on his applicable income tax returns and shall indemnify, protect and hold WIFE harmless therefrom. ;":~'l"1>'~I"'ft'I>'i1'f'!" _ [,01\ l'1 ~ ~F'~ _, """""'"' 0 ~. _ '~""""1~""'I''''~~ 'l'~"__'~'S"'''''''''' 'r';'-"""'"M~- .' -~, '~-^ ...~ '''>> =-- , 5. Cash Payment to WIFE. In consideration of the division of the marital assets and debts herein provided, HUSBAND shall make a one time, lump sum cash payment to WIFE in the amount of Twenty Thousand ($20,000.00) Dollars no later than January 1, 2002. If HUSBAND completes his refinancing as set forth in Paragraph 4(C) above before that cash payment has been made, then the payment shall be made from the refinance proceeds as a cost of settlement. 6. Personal Property. The parties have acquired certain personal property during the course of their marriage, all of which has been divided to their mutual satisfaction. Each party shall retain all items of tangible personal property in their possession as if it were their sole and separate property, free and clear of any right, claim, title and/or interest of the other. .. Neither party shall make any claim to any such items of marital property, or of the separate personal property of either party which are in the possession or under the control of the other. Furthermore, each party agrees to waive any right, title, and/or interest they may have to the property in the possession of the other. Should it become necessary, the parties each agree to sign upon request, any titles or documents necessary to give effect to this paragraph. 7. "As Is" Condition. Except as otherwise specifically herein provided, and with respect to the transfer of any tangible asset provided for in this Agreement, whether real, personal or mixed, each party acknowledges that he or she has had the opportunity to inspect and view the tangible assets that he or she is to receive as his or her sole and separate property and he or she is fully aware of the condition of such tangible asset and is receiving those assets in "as is" physical condition, without warranty or representation by or from the other party. 8. Investment. Retirement and other Accounts. Each party shall retain as his or her sole and separate property, any individual retirement account, and/or retirement benefit plan (including but not limited to pension or profit sharing plans, deferred compensation plans, defined benefit plans, 401 (k) plans, employee savings and thrift plans, IRA's, annuities, or other similar benefits), whether vested or non-vested. The above shall specifically include a waiver of any spousal annuity or other benefits (excluding health insurance as. more fully described in Paragraph below) and/or beneficiary designations thereunder. It is specifically acknowledged that HUSBAND has a 401 (k) and a retirement plan through his 20 plus years of employment with Consolidated Nutrition, and WIFE has a 401 (k) and a retirement plan through her 20 plus years of employment with Highmark. The parties acknowledge that no formal discovery has been conducted, and that despite this, they are satisfied with the disclosures made by the other specifically """'<,~",~".;'-\wt'~i1i .. ~ ~., , ""1"!1 " ~~~~or:""''7F ("~'c.-r ',-"~>'", "~~" ,",', -. ~ -,~ --' ." regarding the above retirement investments and both parties waive their right to engage in further and/or formal discovery. The parties represent that they have disclosed to each other all investments, retirements, accounts, and assets of any kind whatsoever that were funded with monies earned during the marriage. The parties agree that there are no other assets or investments of any kind that could be considered marital property or property in which one or the other spouse may have a marital interest other than those disclosed. In the event that any such assets are discovered subsequent to the execution of this Agreement, the marital portion of those assets shall be divided on a 50-50 basis between the parties immediately, and the owner of such asset shall be required to pay in full, any taxes, expenses and/or penalties in connection with such transfer, as well as any attorneys fees of the other party associated with enforcing this provision of this Agreement. Furthermore, each party shall be and remain the sole owner of any other asset in his or her control not specifically covered by other provisions of this Agreement. Should it become necessary, each party agrees to immediately sign any documents necessary to give effect to this paragraph upon request of the other party, within ten (10) days of being requested to do so. 9. Automobiles. There is a 1994 Dodge Dakota that is titled in joint name, which vehicle HUSBAND drives and which vehicle is paid in full. HUSBAND shall retain this vehicle as his sole and separate property, free and clear of any right, claim, title and/or interest of WIFE. Simultaneously with the execution of this Agreement, WIFE shall sign the title to this vehicle thereby transferring sole ownership to HUSBAND. There is also a 2000 Honda Accord that is leased in joint name, which vehicle WIFE drives. There are approximately eighteen (18) months remaining on the lease. WIFE shall retain this vehicle as her sole and separate property, free and clear of any right, claim, title and/or interest of HUSBAND, however subject to any and all liens and/or encumbrances thereupon for which she shall be solely responsible. WIFE agrees to immediately take whatever steps necessary to either refinance or assume or transfer the lease into her name individually, so as to remove HUSBAND from any financial liability in connection therewith. Regardless of whether WIFE qualifies and/or is able to refinance, assume or transfer the lease into her name individually, she agrees to indemnify HUSBAND and hold him harmless with respect to her nonperformance of any of the lease obligations, and further agrees to be financially responsible for any and all costs associated with refinancing or assuming or transferring the lease into her name individually. Finally, ,,'<:'~j"'';'''-~''''I!!lI~ , "r"' 'I,',r >, ~, ~~ ~~ r- ,~ ~Y'-~""'''''' ., ~ "'.', '~, ~".-- ," '. . . WIFE shall assume full responsibility for any and all charges, costs, fees, taxes or expenses of any kind whatsoever, in connection with the termination of the lease, either prematurely or at its scheduled end. Both parties agree to immediately sign whatever documents necessary to facilitate the provisions of this paragraph, within ten (10) days of being requested to do so. 10. Spousal SUDDort I Alimony Pendente Lite I Alimony. Upon the execution of this Agreement, both parties forever waive their right to seek past, present and/or future support, alimony pendente lite and/or alimony from the other. 11. Bank Accounts. Any and all joint bank accounts that were in existence have been divided to the parties mutual satisfaction. There were two (2) such accounts, one with Mellon Bank which is now closed, and one with Waypoint Bank which has been assumed by HUSBAND and is used only to pay bills in connection with the marital home. HUSBAND shall retain this joint account as his sole and separate property, free and clear of any right, claim, title and/or interest of WIFE, and if he has not done so already, shall immediately remove WIFE'S name from this account. There are no other joint accounts, checking, savings, or other, in existence. Furthermore, each party agrees to waive any right, title or interest he or she may have in the individual bank account of the other. 12. Snow Mobiles. The parties jointly owned two (2) snowmobiles. HUSBAND sold one of these for Two Thousand, Six Hundred ($2,600.00) Dollars and used the proceeds to payoff the joint Visa credit card. HUSBAND shall also sell the remaining snow mobile and shall use the proceeds from that sale in order to satisfy the parties joint Lowes credit card. Any proceeds remaining after payment of both the joint Visa and Lowes credit cards shall be HUSBAND'S sole and separate property, free. and clear of any right, claim, interest or title of WIFE. 13. Credit Cards. With the exception of the Visa credit card and the Lowes credit card to be paid per Paragraph 12 above, there are no joint credit cards, nor are there individual credit cards that contain marital debts. With the exception of the above two cards, any credit card debt in existence shall be the sole and separate responsibility of the person who incurred such debt, and that person shall indemnify and hold the other harmless with respect to any and all liability in connection with the same. HUSBAND has already satisfied in full, the Visa credit card per Paragraph 12 above, and he shall also assume sole responsibility for satisfying in full, the Lowes credit card. WIFE agrees not to make any additional charges on eithe(of these accounts. ,,,,',",,,,,-<j:;;'l>-'1I{M.-1@ .!_ ~~ .., ~ -""'"'I ~, -'.......'~ " ~~~~,.""~ ~"'~!""'''''''''r<'',I''''''''' ,t""""'""~- ~"'", ,"""<< '_<i,,__, -" ~ -~~ ,~~ ~, " ~ ' . , . . , . 14. Miscellaneous Debt. Any debt not specifically listed in this Agreement and/or incurred after the date of separation (July 27, 2001) shall be the sole and separate responsibility of the party who incurred it. 15. Life Insurance Policies. Each party shall retain as his or her sole and separate property, , any life insurance policy, specifically including the cash surrender value, of any such policy he or she may own. 16. Health Insurance. The parties understand and agree that until the entry of a final Decree in Divorce, HUSBAND shall remain eligible to partake of WIFE'S health insurance benefits through her employer. WIFE agrees not to take any action to remove HUSBAND from such coverage. Any unreimbursed expense shall be paid in full by the party who incurred the expense, HUSBAND acknowledges that upon the entry of a Decree in Divorce, he will need to obtain alternate health insurance coverage. 17. Reimbursements, Any reimbursements between the parties shall be made within ten (10) days of the written request of the other party unless another time frame has been specified, which shall include a copy of the bill or other supporting documentation. 18. Agreement Executed Voluntarily and Clearly Understood. Each party to this Agreement acknowledges and declares that he or she respectively: A. If fully and completely informed as to the facts relating to the subject matter of this Agreement, and as to the rights and liabilities of both parties; B. Enters into this Agreement voluntarily, free from duress of any kind; C, Has given careful and mature thought to the making of this Agreement; D. Has carefully read each provision of this Agreement; E. Acknowledges that there has been a full and fair financial disclosure by both parties, and fully and completely understands each provision of this Agreement. ",,,,,,',!,,,!,.mc~!I!I"W"i'1'I'!~~. _~ ,'e ,~ """I" ',-, ." e" , , _~~ "",,, o.~"~"l"'''~'''''l'P'q'i% '.' ~~~~ -~ - .-- '&' .. . ~ < . . 19. Release of All Claims. Each party releases the other from all claims, liabilities, debts, obligations, actions and causes of action of every kind that have been or will be incurred. Moreover, neither party is relieved or discharged from any obligation under this Agreement or any instrument or document executed pursuant to this Agreement. More specifically, except as otherwise expressly provided in this Agreement, the parties do hereby mutually remise, release, quitclaim and forever discharge the other and the estate of such other, for all time to come, and for all purposes whatsoever, of and from the following: A. Claims Against Property or Estate: Any and all right, title, interest and/or claims in or against the other party, the property (including income and gain from property hereafter accruing) of the other or against the estate of such other, of whatever nature and wheresoever situate, which he or she now has or at any time hereafter may have against such other party, the estate of such other party or the property of the other party or any part thereof, whether arising out of any former acts, contracts, engagements or liabilities of such other; B. Dower. Curtesy. Widows Rights: Any and all rights and claims of dower or curtesy, or claims in the nature of dower or curtesy or widow's or widower's rights, family exemption or similar allowance, or under the intestate laws, or the right to take against the spouse's will; C. Life Time Conveyances: 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 the Commonwealth of Pennsylvania; State, Commonwealth or Territory of the United States; or other country; D. Marital Rights: Any rights which either party may have or at any time hereafter have for past, present or future support or maintenance, alimony, APL, counsel fees, equitable distribution, costs or expenses, whether arising as a result of the marital relationship or otherwise; E. Breach Exception: The foregoing shall not apply to 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. It is the intention of the parties to give to 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 provisions thereof. """""',W,;r,Ci,&1';;'\'":'~"" .. '_'I~~ "MO ,'" " "F ~ ~~ ,~n_~~~ ~<-'",...,.. .."'~~,~~~ F-~'-~'""""" :'~~''''''''~''"'''",^-__'n'''_'''' - __ _, ~'" h -">-~~"-, ~~ , 20. Holding Other Party Free and Harmless. HUSBAND hereby warrants to WIFE that he has not incurred and he hereby agrees that he will not hereafter incur any liability or obligation on which she is or may be liable. If any claim or action is brought attempting to hold WIFE liable for any such liability or obligation, HUSBAND shall, at his sole expense, defend WIFE against any such claim or action whether or not founded, and he shall hold her free and harmless therefrom. WIFE hereby warrants to HUSBAND that she has not incurred and she hereby agrees that she will not hereafter incur any liability or obligation on which he is or may be liable. If any claim or action is brought attempting to hold HUSBAND liable for any such liability or obligation, WIFE shall, at her sole expense, defend HUSBAND against any such claim or action whether or not founded, and she shall hold him free and harmless therefrom. 21. Add/tionallnstruments. The parties shall, on demand, immediately but in no event later than ten (10) days, execute and deliver to the other, any document, and do or cause to be done, any other act or thing that may be necessary or desirable to effectuate the provisions and purposes of this Agreement. If either party fails, on demand, to comply with this provision, that party shall pay to the other, all attorney's fees, costs and other expenses reasonably incurred as a result of such failure. 22. Breach. If for any reason either HUSBAND or WIFE fails to perform his or her obligation owed to or for the benefit of the other party and/or otherwise breaches the terms of this Agreement, then the other party shall have the following rights and remedies, all of which shall be deemed to be cumulative and not in the alternative, unless said cumulative effect would have an inconsistent result or would result in a windfall of the other party: A. Specific Performance: The right to specific performance of the terms of this Agreement, in which event the non-breaching party shall be reimbursed for all reasonable attorney's fees and costs incurred as a result of said breach and in bringing the action for speCific performance; B. Damal;Jes: The right to damages arising out of the breach of the terms of this Agreement, which damages shall included reimbursement of all reasonable attorney's fees and costs incurred as the result of the breach and in bringing the damage action; C. Divorce Code Remedies: The right to all remedies set forth in Section 3502(e) of the Pennsylvania Divorce Code, 23 Pa. C.S.A. s3502(e), and any additional rights and remedies that may hereafter be enacted by virtue of the amendment of said statute or replacement thereof by any other similar laws; "'f'ji'E~"'rn';:Jl'l, ,_~ ~~_~!,!lll!ll""""'''''_ '_ . ~- "'r"""'1.'<~_ -"~-"".. ,.,.,,,,,,,,,!,,\,,~ -":iIlr'-'~""- D. other Remedies: Any other remedies provided for in law or in equity; E. Consideration for Reasonable Attorney's Fees: Any award of "reasonable attorneys fees" as used in this paragraph shall be based upon consideration of (1) the hourly rate charged; (2) the services rendered, and (3) the necessity of the services rendered. Determination of reasonableness shall not take into consideration the amount or nature of the obligation sought to be enforced or any possibility of settlement for less than the obligation sought to be.enforced by the non-breaching party. 23. Full Disclosure. The respective parties do hereby warrant, represent, and declare, and do acknowledge and agree that each is satisfied with the financial disclosures made from the other. The parties acknowledge that although within their right to request, no formal discovery was done in this case, and that they are satisfied with and cognizant of the wealth, income, real and/or personal property, whether jointly or individually titled, estate and assets of the other, and any further enumeration or statement thereof in this Agreement is hereby specifically waived. The parties do not wish to make or append hereto any further . enumeration or statement. Each of the parties hereto further covenants and agrees for himself or herself that his or her heirs, personal representatives and assigns, that he or she will never at any time hereafter sue the other or his or her heirs, personal representatives or assigns, in any action or contention, direct or indirect, that there was any absence or lack of full and proper disclosure. The parties specifically acknowledge that they have been advised by their individual counsel of their right to seek such discovery, however have elected to waive the same. Further, both parties waive their right to have the inventory or financial disclosure statement of the other attached hereto, and understand that this Agreement shall not be subject to modification by the Court. 24. Representation of the Parties. HUSBAND is represented by Johnson, Duffie, Stewart & Weidner in connection with the negotiation and preparation of this Agreement. WIFE is represented by . Diane G. Radcliff in connection with the negotiation and preparation of this Agreement. Each party has carefully read this Agreement and is completely aware not only of its contents but also of its legal effect. Each party acknowledges and accepts that this Agreement, in the circumstances, is fair and equitable, and that it is being entered into freely and voluntarily, and that the execution of this Agreement is not the result of any duress or undue influence. <'~"fMi"""~!~ _~ _<'~=:_~,~ . 0 '~I~' . -^ I' ' ~"" I, _, '_"" ~''''''''' :~ ,,,,--'.-cry '''~1rlr' ,'~OC ,'''~,-,' ,-^"~-~" -",<.- . . 25. Containment of Entire Agreement Herein. This Agreement supersedes any and all other Agreements, either oral or in writing, between the parties relating to the rights and liabilities arising out of their marriage, and contains the entire agreement of the parties. 26. Partial Invalidity. If any portion of this Agreement is held by a Court of competent jurisdiction to be invalid, void, or unenforceable, the remaining provisions shall, nevertheless, continue in full force and effect without being impaired or invalidated in any way. 27. Effect of Reconciliation. Cohabitation or Divorce Decree. The terms of this Agreement shall be incorporated into any Divorce Decree which may be entered with respect to the parties. The parties acknowledge that as of the execution of this Agreement, no Complaint in Divorce has been filed, however they are living separate and apart and have been since July 27,2001. This Agreement shall survive any such final judgment or Decree of Divorce. Both parties shall have all rights of enforcement under applicable law including the Pennsylvania Divorce Code in the event that a divorce action is commenced. This Agreement shall also remain in full force and effect even if the parties effect a reconciliation, cohabitate as Husband and Wife, attempt to effect a reconciliation, or continue to be married yet reside separate and apart from one another. 28. Modification. This Agreement shall not be subject to modification except as in accordance with Pennsylvania law and with a writing between both parties evidencing their intent to modify the Agreement. 29. 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 not be construed as a waiver of any subsequent default of the same or similar nature. 30. Attorneys Fees and Expenses. Each party shall be responsible for their own attorneys fees and expenses. 31. Bankruptcy. Each of the parties acknowledges and agrees that with respect to the liabilities each is required to assume and pay under the provisions of this Agreement, each has the ability to fulfill his' or her respective obligations from income or property not reasonably necessary to be expended for such party's maintenance and support or for the maintenance and support of such party's dependents. Should -c-'?S"',sN'l'''~""",,O!i:!, ~~ ~ 11!il"'",.nl~~'~"' -",~"--' , ~-=:~""~' r~'f'-Y\,'~Wl ' 'f",-"-'<-"'- "'" ~ either party file a Petition under Title XI of the United States Code, or should a petition be filed against either involuntarily, each party acknowledges and agrees that the discharge of the debtor party's obligations under this Agreement will not result in a benefit to the debtor party that outweighs the detrimental consequence to the non-debtor party. 32. Irrevocability. It is understood and agreed to by and between the parties that the property distribution effectuated herein is irrevocable and shall not be affected by any future change in circumstances of the parties or by other statutory or judicial alternatives which may be available to the parties under prior, current or future laws of the Commonwealth of Pennsylvania or any other jurisdiction. The parties hereby waive any rights they may have to financial support and/or alimony and/or alimony pendente lite and/or pension or future expectancies each may have under prior, current or future laws. This specifically includes but is not limited to increases in value of marital and/or non-marital assets. The parties intend that this Agreement is their final agreement. 33. Law of Pennsylvania Applicable. This Agreement shall be construed in accordance with the laws of the Commonwealth of Pennsylvania. 34. Date of Agreement. The effective date of this Agreement shall be the date on which the last party executes the Agreement if the parties do not execute the Agreement on the same date. Otherwise, the effective date will be the date that both parties execute the Agreement if they execute on the same date. 35. Successors and Assigns. This Agreement, except as otherwise expressly provided herein, shall be binding on and shall inure to the benefit of the respective legatees, devisees, heirs, executors, administrators, assigns and successors and interest of the parties. IN WITNESS WHEREOF, the parties hereby have hereunto set their hands and seals the date and year first above written. WITNESS: ~ w().. ~~\ IlJ~ (;~-{) ( Date IMOTH A. MINNICH 9-/1-0! Date ' ~ '4.~ BARBARA A. MINNICH :v~~rfrn: , --, ," - '~ ., I" "-'" .- , ., " ~" ~ ~,~, ~1 "~'r,o:' { 'I O~<c"!_~","";"" -'-,^ l:mJJl.~~lJ _ '-_'_"O>_r- ',~~,",~"",'o;'~-0!.'zn".'."" ."''': '''.''l'(r~~i(tt "1ilfI']ifiir'lW~tTittm'*r ...~rwTT~t~'l '" 1"1]:" ".;~:C"i't<~~'-i~ '. () r'-~ c- , , -~; , I " ~":~ ~ I,", , .2 ., _"'J "'-., , ,...., .) (fJ _0:;:" C:-: J":;: --"1:", ',- ::;~ ( .....u~ s:: ( ~" :..,) i' , ;/ ~ 1 _--::, -' , , ( ~) :::( ':.-^:';; ,__,^f~$!-~!tI~r;'1'J\~~~j~~~~m."l!'?I.i.;,;"'flr"";"-'-."';'l""" :",.),U!'",,,,,,,;;'-!!!i;o.;'!1\"''''''~}f.If!'W>l-'r:''l!wr);f.li'''''"I)''<l1'rJi-jW?ji4j~~~~~i' BARBARA A. MINNICH, Plaintiff , IN TH8 COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v NO. 01-6807 TIMOTHY A. MINNICH, Defendant CIVIL ACTION - LAW IN DIVORCE PRAECIPE TO TRANSMIT RECORD To the Prothonotary: 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 a. b. c. of filing and manner of service Date of filing of Complaint: Manner of service of Complaint: Date of Service of Complaint: of the complaint: November 29, 2001 Certified Mail, Restricted December 7, 2001 Delivery "~I 3. Date of execution of the affidavit of consent required by Section 3301 (c) of the Divorce Code: a. Plaintiff: March 11, 2002 b. Defendant: March 12, 2002 OR Date of execution of the P1aintiff's affidavit required by Section 3301(d) of the Divorce Code and date of service of the Plaintiff's 3301 (d) affidavit upon the Defendant: a. Date of execution: b. Date of filing: c. Date of service: N/A N/A N/A 4. Related claims pending: No issues are pending. All issues have been resolved pursuant to the Marriage Settlement Agreement between the parties dated October 25, 2001 which Agreement is to be incorporated into but not merged with the Divorce Decree. 5. Date and manner of service of the Notice of Intention to file Praecipe to Transmit Record, a copy of which is attached, if the decree is to be entered under Section 3301(d) (1) (i) of the Divorce Code: a. Date of Service: N/A b. Manner of Service: N/A Date Waiver of Prothonotary: a. Plaintiff's b. Defendant's QR Notice in Section 3301(c) Divorce was filed with the Waiver: March 14, 2002 Waiver: March 18, 2002 \ DIANE IFF, ESQ 3 ri Road Camp Hill PA 17011 -0100 Attorney for Plaintiff '--~"!")!Y.'"'" . . I~ " .~ '-.-" - " ,~=~ !~.~~, ~,'- ~~J~~;,j, ,0 , ~"M<>'_____" ,.,.. '0' _ 0 , o c <"" lJfJ':~ [nr')" z:c "7 (:0)> .-<, ~~-- i~; 5>~~ L :~ LlfIlil1if':':"':'!:c' C..:) C) .7-1 l'~.,) :2-: ',"i'L' ;:G h.' 1::' ...i."" c." o ~~~m:@~lmr:plil!l.rij[ ~U:" 1.." a.l~,1 !~!]~~lt~!";,W'--c}Wi-W_,c'~?W'Y'-PfRi"fl"1!~iT''i:r;.\P~;P;:-i:i~~.!~ffi1~~:f.~mr"KM!?",,"~~~~\A,b~" Barbara A. Minnich/Divorce Complaint , IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA BARBARA A. MINNICH, plaintiff v. NO. 01 - lcf67 Ciu~l'-r~ TIMOTHY A. MINNICH, Defendant CIVIL ACTION - LAW DIVORCE NOTICE 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 ground for divorce is indignities or irretrievable breakdown of the marriage, you may request marriage counseling. A list of marriage counselors is available in the Office of the Prothonotary at the Cumberland County Courthouse, Carlisle, Pennsylvania. IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY, COUNSEL FEES OR EXPENSES BEFORE THE FINAL DECREE OF DIVORCE OR ANNULMENT IS GRANTED, YOU MAY LOSE THE RIGHT TO CLAIM ANY OF THEM. YOU SHOULD TAKE THIS PAPER TO YOUR 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. CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE, PA 17013 (717) 249-3166 'ji~-,;e.",ii";"i"W"i';,,>! . ",- ~"~. . "r'!, ~ ~" - L;, " Barbara A. Minnich/Divorce Complaint ,Je, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA BARBARA A. MINNICH, Plaintiff v. NO. 0\ -1Jt>7 c.~~.;~LTCULVj TIMOTHY A. MINNICH, Defendant CIVIL ACTION - LAW DIVORCE COMPLAINT AND NOW, this aJ~y of cr~ 2001, by her attorney, DIANE G. RADCLIFF, comes the Plaintiff, Barbara A. Minnich, ESQUIRE, and files this Complaint in Divorce of which the following is a statement: COUNT I: DIVORCE 1. The Plaintiff is Barbara A. Minnich, an adult individual residing at 4184 Cove Court, Apt. 104, Mechanicsburg, Cumberland County, Pennsylvania. 2. The Defendant is Timothy A. Minnich, an adult individual residing at 1215 Minnich Road, Mechanicsburg, Cumberland County, Pennsylvania. 3. Plaintiff and/or Defendant have been bona fide residents of the - 1 - ':~~~lJ;f1<h4_ , ,,'",<,"c_u "'1",.,- ,- "-,"-, ,," '" ~j'~ ~ Barbara A. Minnich/Divorce Complaint " , ;~ Commonwealth for at least six (6) months previous to the filing of this Complaint. 4. Plaintiff and Defendant were married on August 27, 1972 at Boiling Springs, Pennsylvania. 5. There have been no prior actions of divorce or annulment between the parties. 6. Plaintiff has been advised of the availability of counseling and the right to request that the Court require the parties to participate in counseling. 7. The Defendant is not a member of the Armed Services of the United States or any of its Allies. 8. The Plaintiff avers that the grounds on which the action is based is that the marriage is irretrievably broken. Respectfully submitted, ~/ Trindle R ad Camp 17011 Supreme Court ID #32112 Phone: (717) 737-0100 Fax: (717) 975-0697 Attorney for Plaintiff - 2 - '^~'~~"''''''ffiV;~" , " ^ -1-' ~I ~ , ^ .~ ,"'-I~ Barbara A. Minnich/Divorce Complaint ,.' VERIFICATION I verify that the statements made in this Complaint are true and correct. I understands that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904, relating to unsworn falsification to authorities. ~-:I~ BARBARA A. MINNICH - 3 - '~H~", .. ----" '<,.'< ,-'--,- I " , ~ ~ ~A _~JL ~,,,,".,,,,, /". , ,-, ~, , ='~ ~'" H"^' ,,_" ^ _'~ ~ t1 .....} ~ ~{ ~ )v t ~ ~ -t- ~ ~ - ~ ~"'~ & 0 ~ I CO I ~ '''" F.? CO) -r ~ fiJ["- -:-. ;;l LXi ::~ :?':~ 0'1:;" ;?(~:;' .J-"; ~~. :~ :::t:n CO r,..) Co - .:-, ~~~i 5;! :.:v "'i; 1 I'!",_$~,,' -'C ..,..10" d,:",_~iitljl)iW\M'fJfJil~i!J':>f'~"'1"~~1\'~",,-:r;ltjtL;"~~'i~~mtv;';W";'I;HR'!$_i!!J*,~~!i'~~_: ';"",c,,"~"" 12.11.01. Minnich Certificate of Service . , IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA BARBARA A. MINNICH, Plaintiff v. NO. 01-6807 TIMO'l'HY A. MINNICH, Defendant CIVIL ACTION - LAW DIVORCE CERTIFICATE OF SERVICE I hereby certify that a true and correct copy of the Complaint in Divorce has been served upon the Defendant by Certified Mail, Restricted Delivery on the 7th day of December, 2001. The return receipt for said mailing is attached hereto as Exhibit "A" and made a part hereof. Respectfully submitted, CLIFF, ESQUIRE e Road , P A 17011 Phone: (717) 737-0100 Fax: (717) 975-0697 Supreme Court ID # 32112 Attorney for Plaintiff .1- 12.11.01. Minnich Certificate of Service , . c<,;"plete items 1. 2, and 3.A'''o-complet~ j~em 4 if ReStricted Delivery is desired. . Print your l1ame and address on the reverse so that we can return the card to you. . Attach this card to the back of the mailpiece, or on the front if space permits. 1. Article Addressed to: . Li~{),~ /)./~~ 1fuL rfW}i~ / 1~5"0 'loa v~ fi' 00 'Y 3. Service ~8rtlfi o Registe o Insured M 4.__ _R~:;ltric;te_gjJeliyen1 (E~~FefJ) ise ~8S 2. Mid ~t PSForr 595-99-M-1789 EXHIBIT "A" - 2 - ,'~~~~ ,-" ."~"~'-'-""" I" -, = \'-_~-"j::l\',:'," :;1 i[ 'I 'l :! 'i ; ij ;'1 1l~ ^<C'~~-Y~tlIj" i iltl_;':j .ill' -'}''-j''';,';;:-': "~_" -,-,:--_ii .J.',o "',' JT .o~ .",.ftJ,~ ~c oll,.. ."",=,- _o'~ ','~ --,~ '~--" __, .~~ "~"""'''--." --c-,--'" - ", ~, ' 9p fPr>- ~sul2 ~~ \Q ~ S ,0 ~; <. ~E~ -7'-"-- en =~-, -< ~8 c: z -j -<, o c: :::'~. ~ji): c/j ~~; -<:'. J--:: ". 1!i (~ .)--'~ "'~' --j --< c::; ~2 ., c.-) i,,; :.:::) C) ~!I.~_J~"1~,".~d"'""'91",--"Jc%.1,~I):~~'\HMliR\,".ffi'~~i!l'~1W"'f;!l'~;"r'~' <:f~?&j,N?-jll1ilij~~ C' __ '_ " "_', __ __ - , -.;': - '. -: ,', ,- " ,;"."~:,_,-,,.-l , - -' , " . :',', :" -' . , BARBARA A. MINNICH, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 01-6807 TIMOTHY A. MINNICH, Defendant CIVIL ACTION - LAW DIVORCE AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed on November 29, 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 in Divorce after service of notice of intention to request entry of the decree. 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. Dated :3/11 /(J:).. '~;i~ BARBARA A. MINNICH ""'~~'''''''!'l~," ,'_~>', '_"0, '" ' OT 1"""" ,- ~ , , ". ...... - UllfUi In 0 CJ ''-..' C 1''.J <'" -I'] "Tj ti~; ~. ::=;c. m " =-~-;;:J Z "T' t;S:: .;- -<:L !;.::c: -~ ~8 "') )>c \.,0 c:.) z :::"J :;j :;;I "'- (J1 ..w , -< ES 81/ .. m""r_~^--"-~~' ,~?1?J,_!i%T_1i~lUJ'l!ilj~!ilIiIfflliM~!ll~W'.'--"ii?'1'-'Iit@,?i8'Ff!-'i-n~-8",\'8"!~.ikI!!C",-,1>>1-'l"1<YiJ~~~,"!1m..Jt@!~;;;;'pWifffit,%!:li~,'lll!~~~ ~~'''~ < , """-~ .-- . . BARBARA A. MINNICH, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. NO . 01 - 6 8 0 7 TIMOTHY A. MINNICH, Defendant CIVIL ACTION - LAW DIVORCE WAIVER OF NOTICE OF INTENTION TO REOUEST ENTRY OF A DIVORCE DECREE lWDER SECTION 1301(~) OF THE DTVORCE CODE 1. I consent to the entry of a final decree in divorce without notice. 2. 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. 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. 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. Dated: .3//1 /O~ , ~.)~ BARBARA A. MINNICH ";r~,, " ~ -', "" ~ ~ " I - ......-- ~-"~"" ~!II!lJl!~ ~, ,p".."._r-,~~~~.",., "~-- ~~ =" '~ ,,"""-" ,,~ . "11m".'!! (") CJ 0 c: f'..) ":'". ~",j i:Jij'-] ,.. ~~., O1rTi :<:1\0 ~f .~L' -::-:-:J , :'Tl ~, , u ~~. ---~ () -r; ',---,' " ..:'5 )>c< \9 c~~ m ~ ~-:::: ...:- '::::> :~ en :'13 -< rs 81-/ ."'- ". ,Jl ,~~~~Jj,l] ,",,,__~~1ij~i~lF#-1!ji;)FM"("?"'-'''';''7-''!f'',,-.-t'';;'''''''J,,,t~';;'''i;-'''!,-"J~W,Wi",,~1P4%l':;':ffl!~ift:~'h''fi',~rJ~'iii'i'p''~,~j~~~ ,,-,,~,,~~,,-,-- - ~ . . - . BARBARA A. MINNICH, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 01 - 6 8 0 7 TIMOTHY A. MINNICH, Defendant CIVIL ACTION - LAW DIVORCE AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed on November 29, 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 in Divorce after service of notice of intention to request entry of the decree. 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. Dated: .7-12.- DZ- ~ , --:"""4\';\\'~, - '^O"," /.''''' "-- ~, - ,,",",,".:c__ _",'.!"''l''''' . . W~ ~ "'.'~ ,. ~",. -, ~ "~"--~"' (") c.; C :'-.) ::::'n :'1: -oct.: T:,-" mrY' ;:-~-a z:r :;..:::C co gti -0 ):;:c~- 4(:) ":? )>c: -'7 :0 :=j '--;:0 (1" -< T Ilm~Ti f~ ',.."...,,,,, .. ,,1m, ,,""" ~"~'_"~""''',,,,~~ ' =~ ~ ,\J?i'l,U_JIlIIiQ' :JlJp,__ ~.~~1li!l:'!I11i!1l ,c ,.~"~M:~~_,,%w'~,'1'i~'''-'''-,*,,lr'''4\'~"'!\''':;;;A~N'~*!!',\lfif~~"ii~;~~~'1i,~~-'-~~~~Jf~ 'II ... ."\ BARBARA A. MINNICH, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 01-6807 TIMOTHY A. MINNICH, Defendant CIVIL ACTION - LAW DIVORCE WAIVER OF NOTICE OF' INTENTION TO REOllEST ENTRY OF A DIVORCE DECREE lWDER SECTION :0:0 0 1 (r.) OF THE DIVORCE CODE 1. I consent to the entry of a final decree in divorce without notice. 2. 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. 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. 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. Dated: J-fZ-D?- JttI!Jd02 '"",.~'"._~"- . (, '-"-., I'" .'.-. ,~ . i .~" ,...... _ ", ". ~L ," ," ,,''''~__ --e~,~_T J~_~~~ "",!.qlT~ _ ~." ~"'S ~ [""fT ~.... " (") CJ 0 C ;v -n .~"'" :A: -~" -UfU :';;:'~. "Tl !Tiff! ~" Z:J~) ,-- :r::: ,- , T"j , i:? en , CfJ -( .- (---'J ~ '-' ~'n .:.-ri -,-, L': , ('') '-;-:; C) :..,) ,--'''j .- ,.-' 2~ --~ ~~ O'~I E~ Tr_~"A'!Uil~~~~lIf~~~lf'-F~"";"S:1o--'"",;;.nwl')L"1C11""iC'''''''-0~~igjT~;(1j.,W'l'~"J!'-",.~P.l:J~~~)1:_,r ~__~C.\~~; SOCIAL SECURITY INFORMATION SHEET PURSUANT TO 23 Pa.C.S.A. SECTION 4304.1() (3) ALL DIVORCES MUST INCLUDE THE PARTIES SOCIAL SECURITY NUMBERS. PLEASE FILL IN THE APPROPRIATE INFORMATION AND RETURN TO THE PROTHONOTARY'S OFFICE. DATE March 20, 2002 DOCKET NUMBER 01-6807 PLAINTIFF'S NAME Barbara A. Minnich PLAINTIFF'S SS # 174-46-6668 DEFENDANT'S NAME Timothy A. Minnich DEFENDANT'S SS# 169-44-6723 '>."'~, ~ " , ~ . < -'"I" ,,'. ,,~_ 1 ,"1'