Loading...
HomeMy WebLinkAbout99-00110 .:~.".:c. -:+;" .:c.' .>>>' .:.:. .:+z..... .:c.'.~t:- ....:.:, .:.;. .:.'1.>>> .:vt- .:+:. .:+:. <+:. .:+:,':'''.:<<.' -:<<<;'~':'o:C..,,:* ,."*- .'->>;:M ~ '-'~---~~~-,~,_..,~-"- '.'-- --~,-,---~,-, _.,,-,--,,- .:..,- -'''-'----~'---,'-~,--,,~,----------- i ~ ~ <, ~ " " " " ~ ',' " " ~ .,' w ',' ~ ,,' ,'; <, ~ " " w ",. ~l ~ ,,~ ~ " " 8 " ., ~ " .:. ., <, ~ " ... ~ ~ ~ .. !' ~ / .:. " ~ ~ ,,- w ~ '--- ->>:..' ~ IN TJ-JE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY STATE OF ~ PENNA. ~ ~ ... ,;; ~ ~ ,'1 ~ MAXINI L. DUlY, Plaintiff 'I !I 99 . 110 No,,,,, CIVIL TIRJI Vl'l',';tts STBVI M. DUlY, Defendant DECREE IN DIVORCE AND NOW. ' , , , , , , ,-:",~~,,6.<.r, , , ,(:'~, , " 19.7',1". it is ordered and INB L . DUlY decreed that """"""""""""""""""""""""" plaintiff, STIVI M. DUlY and ' , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , ' , , , . , , , , , , , , , , , '. defendant, (Ire divorced from the bonds of matrimony, The court retains jurisdiction of the following claims which have been raised of record in this action for which a final order has not yet been entered; IT IS rURTHIR ORDIRID and DBCRBBD that the terms and .,...,... ' ""..",.""" , """" ,..... """"'" ,'....,., I condition" of the POltnupital Agreement dated Augult 31, 1999, ,..",..",.""" ",.",.""""", "",..."".,., .,"",..",.,.,..", incorporated herein by reference. By Th' COIII'!:/ .. /l #.. AIt..t: a ~ .>>:. .:.:. .>>:. .:+:. .:+> .:+:- .:+:. .:.:. .:+:. -:+:. <.:' .:+:. /, -'oG :1'.' I,', (~ ,~ .:+:. .:+:' .:+;. -:.:. .:.:. .:.:- ,:.;.' Prolhonotary " , -:.:, ':.;. ':.;, ~ @ ~ i,~ * .'. , .'~ , " " ~ i .. ~ '.~ ,', , ~ ~ ~, " ... ~" W "~ ~ ~ M S !': W ~.~ ,;, ~ i, , .... ~ ~ ... $ *. .,. ~ ',' ~ I~ Iv ~ ~, ',' ," ,~ J, ~: ~ ",' ~ .'.. - ' '., \ ';d 9~4'f1fi/ M~; ~n~ 71# ~ h(~4 f'/~.?p 7W0 /H'-:~~~ d <'nj ~-4, , , provisions of this Agreement or which are now in the possession and/or under the control 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. 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, HUSBAND and WIFE do hereby waive and forever release any interest or right either may have to make any claim against or to assert any interest or right to or in any retirement plan, pension plan, profit sharing plan, or other employee benefits of any nature or type earned or provided to the other, 2, RE~L PROPERTY: For and in consideration of the sum of Seven Thousand and 00/100 Dollars ($7,000.00) to be paid at 4 execution of this Agreement, HUSBAND shall make, execute and deliver to WIFE a special warranty deed conveying, transferring and granting to WIFE, her nominees and assigns, all of his right, title and interest, if any, in and to the real property of the parties situated at and known as 523 North Second Street, Wormleysburg, Cumberland, Pennsylvania, which real property is specifically described in a deed dated November 13, 1997, and recorded in Deed Book 172, Page 1082, in the Office of Recorder of Deeds of Cumberland County, Pennsylvania. 3. PEBTS AND INDEMNIFICATION: HUSBAND and WIFE represent and warrant to each other that except as provided herein, neit,her one has contracted, since separation or will in the future contract, any debts, charges or liabilities whatsoaver for which the other party or their property or their estates shall or may be or become liable or responsible, and they covenant that they will at all times keep each other free, harmless and indemnified against and from any and all debts and liabilities heretofore or hereafter contracted or incurred by the other, except as expressly provided in this Agreement. 5 WIFE and HUSBAND shall execute, contemporaneouSly with th~ Agreement, an Assumption of Liability Agreement with PNC Mortgage Corp, in the approximate amount of Ninety Seven Thousand and 00/100 Dollat's ($97,000,00), which Agreement shall release HUSBAND from further liability on the Note and Mortgage executed by HUSBAND in favor of PNC Mortgage Corp. 4 . liAi'lKR OF RIGHTS AHD MUTUAL RELEAS~: The part ies hereto have been informed of their rights by their respective counsel under and pursuant to the Divorce Code, Act of April 2, 1980, Number 1980-26, particularly the provisions for alimony, alimony pendente lite, equitable dilltribution of marital property, counsel fees or expenses. Both part ies agree that this Agreement shall conclusively provide for the distribution of property under the said law and hereby waive, release and relinquish any further rights they may respectively have against the other for alimony, alimony pendente lite, equitable distribution of marital property, counsel fees or expenses, From the date hereof, each party may acquire either personal or real property in their Own name, Any property so acquired shall be owned solely by that party and shall not be subject to any claim whatsoever by the other party. 6 . Subject to the provisions of this Agreement, each party has released, discharged and, by this Agreement / dOl!ls for himself or herself, and his or her heirs, legal representatives, executors, administrators and assigns, release and discharge the other of and from all cause of actions, claims, rights or demands whatsoever, in law or equity, which either of the parties ever had, now have, or can have at any time against the other, specifically including rights or claims to spouse support, alimony, alimony pendente lite, Counsel fees and expenses, and equitable distribution of marital property, except for any cause of action for divorce from the bonds of matrimony and any cause of action for breach of any provisions of this Agreement, The parties hereto expressly relinquish and waive any and all rights that they may have now or in the future to claim andlor obtain spouse support, alimony pendente lite, alimony, counsel fees and expenses or equitable distribution of property, This Agreement is not intended to be nor shall it be construed or deemed to be a release or waiver of any r~ght WIFE or HUSBAND may have to claim, assert or obtain social 7 security benefits to which either may be entitled by virtue of the marriage relationship between HUSBAND and WIFE. 5. ES'rA';t'E RELEASE: Except as herein otherwise provIded, each party may dispose of his or her property ill any way, and each party hereby waives and relinquishes any and all rights he or she InCiY now have or hereafter acquire, under the present or future laws of any jurisdiction, to share in the property or the estate of the other as a result of the marital relationship, including without limitation, dower, courtesy, statutor.y allowance, widow's allowance, right to take property under equitable distribution, right to take in intestacy, right to take against the will of the other, and right to act as administrator or executor of the other I s estate, and each will, at the request of the other, execute, acknowledge, and deliver any and all instruments which may be necessary or advisable to carry into effect this mutual waiver and relinquishment of all such interests, rights and claims, 6, ADVICE OF COUNSEL: The provisions of this Agreement and their legal effect have been fully explained to WIFE by her counsel, Jordan D. Cunningham, Esquire, and to HUSBAND by his counsel, Lee E. Oesterling, Esquire, Each party 8 acknowledges that he or she haa had the opportunity to receive independent legal counsel of his or her selection, and that each fully understands the facts and his or her legal rights and obligations, and each party acknowledges and accepts that this Agreement is, in the circumstances, fair and equitable, and that it is being entered into freely and voluntarily, and that execution of this Agreement is not the result of any duress or undue influence, and that it is not the result of any improper or illegal agreement or agreements, In addition, each party hereby acknowledges that he or she is aware of the impact of the Pennsylvania Divorce Code, 23 Pa, C.S.A, 53101, ~ ~" whereby the Court has the right and duty to determine all martial rights of the parties including divorce, alimony, alimony pendente ~, equitable distribution of all marital property or property owned or possessed individually by the other, counsel fees and costs of litigation and, fully knowing the same, and being fully advised of his or her rights thereunder, each party hereto still desires to execute this Agreement, acknowledging that the terms and conditions set forth herein are fair, just and equitable to each of the parties, and waives his and her respective right to have the Court of Common pleas of Dauphin County, or any other court of competent jurisdiction, make any determination or order 9 affecting the respective parties' rights to alimony, alimony Dendente~, equitable distribution of all marital property, counsel fees and costs of litigation. or any other right arising from the parties' marriage. 7 , AFTER ACOUIRED PERSONA~OPERTY: Each of the parties shall hereafter own and enjoy, independently of any claims or right of the other, all items of real and personal propel'ty, tangible or intangible, hereaftel' acquired by him or her, 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. 8, PRIOR INCOME TAX RETURNS: The parties have heretofore filed joint federal and state income tax returns, HUSBAND agrees 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 WIFE by reason of her having joined in the filing of said joint returns, HUSBAND will indemnify and hold WIFE harmless from and against any loss or liability for any such tax deficiency or assessment and any interest and penalty incurred as a result of HUSBAND'S misrepresentation or failure to disclose the nature and extent 10 documents which may be reasonably necessal'y to give full fOI'ce and effect to this Agreement, 12. AGREEME~T NOT A BAR TO_ DIVORCE PROGEEDINGe: This Agreement shall not be considered to affect or bar the right of WIFE or HUSBAND to a divorce 011 lawful grounds as such grounds now exist or shall hereafter exist or to such defense as may be available to either party. This Agreement is not intended to condone and shall not be deemed to be a condonation on the part of either party hereto of any act or acts on the pal't of the other party which have occasioned the disputes or unhappy differences which have occurred prior to or which may occur subsequent to the date hereof. The parties intend to secure a mutual consent, no fault divorce pursuant to the terms of Section 3301(c) of the Divorce Code of 1980. The parties agree to sign all necessary document a , including Affidavits of Consent, to secure said no-fault divorce. 13. ABSOLUTE AND FINAL SETTLEMENT: The provisions of this Agreement are intended to consider, determine, and distribute all of the assets of the parties hereto as part of the terms of this Postnuptial Agreement. This Agreement is intended by the parties hereto to be a valid Postnuptial 12 Agreement, providing for the absolute and final settlement of their respective property rights and all obligations of spouse support. This Agreement is not intended to be a mere Separation Agreement. This Agreement contains the entire understanding of the parties, and there are no representations, warranties, covenants or promises other than those expressly set forth in this Agreement. 14, VOLUNTARY EXECU'rION_AND FAIRNESS OF AGREEMENT: Each party acknowledges that this Agreement has been entered into of his or her own volition, (with full knowledge of the facts and full information as to the legal rights, liabilities and the assets of the other), and that each believes the Agreement to be reasonable under the circumstances and not the result of any duress or undue influence. 15. MODIFICATION AND WAIVER: Neither this Agreement nor any provision thereof shall be amended or modified or deemed amended or modified, except by an agreement in writing duly subscribed and acknowledged with the same formality as this Agreement. Any waiver by eJ.ther party of any provision of this Agreement, or any right or option hereunder shall not be deemed a continuing waiver, and shall not prevent or estop 13 v, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 99 - 110 MAXINE L. DUEY, Plaintiff STEVE M. DUE1/', Defendant CIVIL ACTION - ACTION IN DIVORCE !RABOI'B TO TRANSMIT RBOORD 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 53301 (c) or 2391 (El) (1) of the Divorce Code, (Strike out inapplicable section.) 2, Date and manner of service of the Complaint: D~fendant was served on Januarv-19, 1999 bv certified returIL receiot !"eauested , restricteL-, deliverv , Certificate of Service docketed to th~ithin number. 3, (Complete either Paragraph (a) or (b)). (a) Date of execution of the Affidavit of Consent required by 53301 (c) of the Divorce Code: by plaintiff: Seotember 6, 19~; Defendant: seotember 6. ~~. (b) (1) Date of execution of the Affidavit required by 53301(d) of the Divorce Code: N/A (2) Date of filing and service of the plaintiff's Affidavit upon the Respondent: N/A Illil. mail. See 4, Related claims pending: All economic and eauitable distribution claims were addressed and ~e been settled bv gareem~t of the-p~~s, as Der the Postnuotial Aoreement executed between the oarties, 5. (Complete either Paragraph (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: N/A (b) Date Plaintiff's waiver of Notice in 53301 (c) Divorce was filed with the prothonotary: SeDtember 6, 1999, Date Defendant's Waiver of Notice in 53301(0) Divorce was Hled with the prothonotary:) SeDtember 6. 1999. ;VNN" '~IN~, //~9,~OFF' P,C. / ,.",:0 Date: SeDtember 10 , 1999 4,:JA'~, /./;!.----'-.,.-' " rdan f Cunningham, Esquire f/I,D. 144 / 2320 orth Second Street p, O. Box 60457 Harrisburg, PA 17105-0457 (Attorneys for plaintiff) KAXINB L. DUBY, I IN THB OOURT or COMMON PLBA8 Plaintiff I CUMBBRLAND COUNTY, PBNNS,YLVANIA I (J t~I\L/ I ("if IIC) v. I NO. f I CIVIL ACTION - LAW STEVE M. DUEY, I Defendant I IN DIVORC8 tiQ1ICE TO DB FEND AND CLAIM RIGH~I 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 the 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 Cumberland County Courthouse, Harrisburg, Pennsylvania. IF YOU DO NOT FILE A CLAIM FOR ALIMONY, MARITAL PROPERTY, COUNSEL FEES OR EXPENSES BEFORE THE FINAL DECREE OF DIVORCE OR ANNUI~ENT IS ENTERED, 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 I,AWYER OR CANNOT A~'FORD ONE, GO TO OR TELEPHONE THE OFFICE SET FOR'rH BELOW TO nND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 Telephone: (717) 249-3166 Respect fully submitted, -.- COFF, P.C. Date: / IS"' At ordan Cunningham, Esquire 1.0. #23144 2320 North Second Street P. O. Box 60457 Harrisburg, PA 17106-0457 Telephone: (717) 238-6570 (Attorneys for Plaintiff)