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HomeMy WebLinkAbout99-00773 ',.~~"."'<.~;" ,~"'''.H.~''''"",~.",^",~."",<.",~".~.....".~....".":..",,.":....".~...... .......' ;...... n.'...., '.'.... '.":...... ........, .'.... or...:.' ............<...;. .<....'. ',":+", :.'.....' .":......-:..... .-:....;,H<...... ~."':.. ;.t.. ... ....;. .... ...'".. .... ...... ,'" "., .. ...:..:.:.......:.-::-: ..... .... '" '" .. .... .... ........ .-.. ., .. ........ "H'... . '. ...:.:.:..:...:...... ....'... ....'t; ~ , ~ 'X \~ ., '" ~ ~ y ~ r: "0 ~ IN THE COURT OF COMMON PLEAS ~ ~ ~ ~ X ~ OF CUMBERLAND COUNTY ~ ~ X . ~.~ ~ ~ ~ ~'a ;.i ~ STATE OF ~'>i.l~',;L~ PENNA, 8 ;.~ -, ~ ~i~t.JI' ~, """~~ ~c-t. ~ .'~ o ~ ~ ^ X ~ ~ .....,..JERR1C,L.....HEJ;SEY HqHH' '" ....'HHH..., II N 99 773 ~ '.~, I'l" (). ............:::......... ............,..... ,', f': ............................... .....-............................-.................. ~ ~ V crSlIS 1:,1 ,'.. X ' ~ ~ ..,....P.));~9.IWI..l\... !f));!.SEY..., .....H'..... 1:1' ~ ~ '..H........"................ ~ ^ . ~ ~ ~ M ~ y ~ ~ . . ~.: ~ DECREE IN ~ *. V ~D I V 0 R C E ~ ','~. ~ ~ ' {~; '~ AND NOW, ....... .'1:-1..,......, 19 ,!!~..,' it is ordered and ~.' ~ v ~ decreed that,.. .. ,. . ~c:;~~y, ,~:. !l,~~l?7Y.. . ,.,. ., ,. .,.".,.".., plaintiff, ~ .',~, ~ . . ~, ~ and, .. , . ..I?~,~C?J;'~* .~" ~,~~~~y...... , .. , .. .. . . .. , .. . .. . .... " defendant, ,', ~ ~ ~are 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; ~,. ' n . ,~ ',' .~~~~... . .'!-'~:~ .~?~,~-:~?~.~~'!-~, ~"!'~7~.II!E7~!:, ,~'!-~!'l~ .-!?;ty" ~r. ,~~~~. .~~, , , , . , ~ ~ ^ "; , A ,but. .not, merged ,in.tQ. this ,Decree. ~,' ..",'.",..,..". ~ ,', '/" ~ // ~ ~ D y T,h~. Co U ,~/ : '~ '..V~. '" ..., ~,; ~ J. ,'. ~ ~ " ~ :;: l:: ~ ~-----,-----'~~-~.._---,-~, ~ ~::~~~_~'_._:_.~._'ro~'~*~~***.ro.ro:*@.~~,~.@~'*. s Prothonotary ~. ... ~ ,LAW III FleES SNElllAKER. BRENNEMAN Be ~jI'ARE , . ! I ! i I live separate and apart from each other; and WHEREAS, on February 10, 1999 Husband commenced an action in divorce docketed to No. 99-773 Civil Term in the Court of Common Pleas of Cumberland County, Pennsylvania (hereinafter referred to as the "Divorce Action"); and WHEREAS, the parties agree that their marriage is irretrievably broken; and WHEREAS, the parties acknowledge that each has had the full opportunity to be advised independently and represented by separate counsel concerning their respective rights, duties and obligations arising out of their marital status and with respect. to the terms and provisions of this Post-Nuptial Agreement and the meaning and legal effect thereof, with Husband being represented by Keith O. Brenneman, Esquire of Snelbaker, Brenneman & Spare, P. C. and Wife being represented by Maria P. Cognetti, Esquire of Cognetti & Braderman; and WHEREAS, the parties having a full opportunity to be so advised of their respective rights, duties and obligations arising out of their marital status, and each having a full opportunity to investigate and evaluate assets, liabilities and all other aspects of each other's property and their jointly owned assets and liabilities, have corne to an agreement for the final settlement of their property and affairs which they -2- ., :, freely any property in his or her possession. The parties acknowledge and agree that the division and distribution of property as set forth above has occurred whether or not said property is or would be deemed to be marital property under Pennsylvania Divorce Code and subject to equitable distribution. The parties declare and acknowledge that they are fully aware and familiar with all assets and property that each have brought into the marriage and that has been obtained or acquired separately or jointly by them during the course of their marriage and therefore waive any evaluation thereof. Each party expressly releases the other of and from any and all right of equitable distribution or claims to assets and property of any kind or nature whatever possessed in accordance with this c Agreement by the other party and hereby declares and acknowledges that the voluntary division by them of all property, whether marital or not, is fair and equitable. 4.' MOTOR VEHICLES. The parties agree that Husband shall retain sole possession, use and ownership of the 1999 Mazda 54000 Truck, which vehicle is presently titled in the name of Jerry L. Heisey. The parties further agree that Wife shall retain sole possession, use and ownership of the 1997 Chevy L^W ," "'ces SNCIIII\KER. BRENNeMAN . c'l ~ ~I 'ARE Malibu, which vehicle is presently titled in the name of both parties. Husband agrees to sign all documentation requireq to -4- I' :1 I.AW Ol'llCCS ,SNELOM:::ER. BRENNI:MAN 8: .SI'^IH! transfer title to the 1997 Chevy Malibu to Wife within ten (10) days of the date of this Agreement. Each party acknowledges and agrees that he or she shall be solely responsible for the payment of insurance or any outstanding indebtedness pertaining to the vehicle in said party's possession and shall indemnify and hold harmless the other of and from any liability relating to any loan secured by the vehicle in his or her possession. 5. MARITAL RESIDENCE AT 66 LONE OAK DRIVE. MARYSVILLE. PENNSYLVANIA. Husband and Wife acknowledge that they are the owners of certain real property improved with a residential dwelling located at 66 Lone Oak Drive, Marysville, Perry County, PennsYlvania (hereinafter "marital residence"). The parties further acknowledge that the marital residence is titled in their names as husband and wife and that it is encumbered bya mortgage held by Fleet Mortgage Group, which mortgage is underwritten by the Veterans Administration. Wife agrees to assume as her sole obligation the mortgage payment, taxes, homeowners' insurance, utilities, repairs, maintenance, water and sewer rents, claims, damages and all other expenses: incurred in connection with the marital residence and to hold Husband harmless and indemnify him of and from such liabilities or obligations. The parties agree that Wife shall have sole use and I , , , 9ossession of the marital residence " to the exclusion of Husband. -5- If L^W '.. "Ices SNI:IIII\KER. BRI;:IIIII;:MAN de 'dlllRE .\. Wife agrees that she shall either assume the Fleet Mortgage Group mortgage or refinance the said mortgage so that Husband shall be released from all liability or obligation as a borrower or mortgagor under any bond or warrant or mortgage with respect to the marital residence. Wife agrees that such assumption or refinancing shall take place within one hundred twenty (120) days of the date of this Agreement. Husband agrees to execute all documents required to assist Wife in assuming or refinancing the mortgage. Concurrent with Wife assuming or refinancing the mortgage on the marital residence as set forth above, Husband shall convey, transfer and grant to Wife all of his right, title and interest in the marital residence by special warranty deed. Wife shall be solely responsible and liable for any tax consequences, costs and expenses associated with any future sale by her of the marital residence. Husband, by delivery of the deed to Wife as set forth above, waives and releases to Wife any i I I I I I i claim or interest in any equity in the marital residence as well as any profit, loss or gain from any future sale thereof. Until such time as title is transferred to Wife as described above, Husband agrees not to borrow against the marital residence. 6. BANK ACCOUNTS. MUTUAL FUNDS AND SAVINGS BONDS. Hunband agrees to sign all necessary documents to have the parties' Selco account titled in the name of Wife alone within ten (10) -6- , ., LAW IIH'lC!:S SNELllAKER. . 8RENNEMA~ '. Be SPARE days of the date of this Agreement. All savings and checking accounts in the individual names of Husband and Wife shall remain the separate property of each, free of any claim or rights of the other. The mutual fund held in the Legg Mason account has been previously liquidated and divided by the parties. All savings bonds purchased by tho parties during the marriage shall, within ten (10) days Of tho date of the Agreement, be cashed and the proceeds divided equally between the parties with both parties sharing oqually any taxes due associated with the liquidation of thu savings bonds. 7. MARITAL DEBT AND FUTURE OBLIGATIONS. The parties acknowledge that other than the mortgage on the marital residence and any loan or loans secured by their respective vehicles, that there is no marital or other joint debt. The parties agree that any and all obligations incurred subsequent to December 3, 1998 shall be the sole and separate liability and responsibility of the party incurring the obligation and each party agrees that he/she will not incur or attempt to incur any obligations for or on behalf 01' the other party and will indemnify and hold harmless thu other party of and from any and all liability arising from such future Obligation. 8. CUSTODY. The partios shall havo shared legal custody of their minor son, Jarad. wira ahall have primary physical custody of .Jared with 1I11ubillld 1'.0 havn such liberal periods of -7- I.AW Olne!:lI SNELIMt:ER. BRENNI:MAN 8: SP^UI: above, the parties agroo that wifo has the right and ability to have these payments mado through tho Domestic Relations Office. Husband further agrees that ho shall at all times maintain SBP coverage for the benefit of his Wife. In the event Wife at anytime initiates an action for support of the parties' son, the monthly payment otherwise payable to Wife by Husband hereunder shall be reduced by the monthly amount of any child support, including day care expenses and health or medical insurance expenses, ordered to be paid by Husband. Husband acknowledges that in the event any court- ordered child support obligation for his son shall exceed $700.00, he shall be responsible for paying such obligation. Effective March, 2008, Wife shall be entitled to and shall receive fifty-percent (50%) of Husband's military retirement benefit, which portion shall be calculated based upon the value of the pension as of the date of the parties' divorce. The parties agree that they will cooperate in executing all documentation and participate in any hearings or court procedures necessary for the issuance of an order of court, approved by Husband's retirement plan administrator, necessary to effect the division of the pension as set forth above. The preparation of any Quali.fied Domestic Relations Order necessary for approval by the court and,for the plan administrator shall r I , be at the expense of Husband. Except as otherwise set forth above, each party waives -9- \! 12. DIVORCE. The parties agree to terminate their marriage by mutual consent without counselling and each agrees to execute the necessary affidavits, waivers and consents to procure a consensual divorce under the provisions of the Pennsylvania Divorce Code, such documents to be filed in the Divorce Action. 13. SUPPORT/ALIMONY PENDENTE LITE. Wife agrees to withdraw her complaint for child and spousal support docketed in the Cumberland County Domestic Relations Office to PACSES No, 716100818 and docket number 178 S 1999 within ten (10) days of the date of this Agreement. 14. GENERAL RELEASE. Husband relinquishes his inchoate intestate right in the estate of Wife, and Wife relinquishes her inchoate intestate right in the estate of Husband, and each of the parties hereto by these presents, for himself or herself, his or her heirs, executors, administrators or assigns, does hereby remise, release, quit-claim and forever discharge the other party hereto, his or her heirs, executors, administrators or assigns, or any of them, of any and all claims, demands, damages, actions, causes of act:ion or suits at law or in equity of whatsoever kind or nature, for or because of any matter or thing done, omitted or suffered to be done by such other party prior to the date hereof, except that this release shall in no way exonerate or discharge either party from the obligations and promises made or imposed by reason 01 this Agreement, !I -11- LAW' 'lI'Flees SNEL:II^KER. BRENN~MAN , Be :"I'ARE 15. SURVIVAL OF AGREEMENT. It i.s the intention of the parties that this Post-Nuptial Agreement shall survive any action in divorce which may be instituted or prosecuted by either party, and no order, jUdgment or decree of divorce, temporary, interlocutory, final or permanent, shall affect or modify the terms of this Agreement, but said Agreement may be enforced by any remedy at law or in equity, including enforcement proceedings under the Pennsylvania Divorce Code. The parties agree to incorporate this Agreement into a separate order of court to be entered in the Divorce Action, but this Agreement shall not be merged into said order or decree in divorce. 16. COOPERATION. The parties agree to cooperate with each other and to make, execute, acknowledge and deliver such instruments and take such further action as may hereafter be determined to be requisite and necessary to effect the purposes and intention of this Post-Nuptial Agreement. 17. BREACH: INDEMNIFICATION. If either party hereto breaches any provision hereof, then the nonbreaching party shall have the right, at his or her election, to sue for damages for said breach, or seek such other remedies or relief as may be available to him or her, and the defaulting party shall be , I I. , responsible for payment of all reasonable legal fees and costs i~curred by the other party in enforcing his or her rights under -12- . LAW OFFiCeS SNELDAKER. 8RENNl!MAN Be SPARE this Agreement. Each party agrees and covenants to indemnify and hold harmless the other party from any and all liability and/or claims and/or damages and/or expenses (including attorneys' fees and expenses of litigation) that the indemnitee may sustain or may become liable or answerable in any way whatsoever, or shall pay upon, or in the consequence of, the indemnitor's breach of any obligation, term or covenant of indemnitor under this Agreement, including, but not limited to, indemnitor's obligation to make any payment provided for herein. 18 . VOLUNTARY EXECUTION. The parties declare and acknowledge that they have had the opportunity to have the provisions of this Post-Nuptial Agreement and their legal effect fully explained to them by independent counsel of their choosing and each party acknowledges that this Post-Nuptial Agreement is fair and equitable, that it is being entered into voluntarily, with full knowledge of the assets of both parties, and that it is not the ,result of any duress or undue influence. .The parties acknowledge that they have been furnished with all information relating to the financial affairs of the other to the extent same has been requested by each of them. 19. ENTIRE AGREEMENT. This Post-Nuptial Agreement contains the entire understanding of the parties and there are no representations, warranties, covenunts or undertakings other than those expressly set forth herein. The parties acknowlQdge -13- and agree that the provisions of this Agreement with respect to the distribution and division of marital and separate property are fair, equitable and satisfactory to them based on the length of their marriage and other relevant factors which have been taken into consideration by the parties. Both parties hereby accept the provisions of this Agreement with respect to the division of property in lieu of and in full and final settlement and satisfaction of all claims and demands that they may now have or hereafter have against the other for equitable distribution of their property by any court of competent jurisdiction pursuant to the Pennsylvania Divorce Code or any amendments thereto. Each party voluntarily and intelligently waives and relinquishes any right to seek a court ordered determination and distribution of marital property, but nothing herein contained shall constitute a waiver by either party of any rights to seek the relief of any court for the purpose of enforcing the provisions of this Agreement. 20., WAIVER/MODIFICATION. The waiver of any term, conditions, clause or provision of this Agreement shall in no way be deemed or considered a waiver of any other term" condition, clause or provision of this Agreement. This Agreement can only be modified in writing executed by both parties hereto. -14- >: C') 2:: a, ..:1 .~ i~"';~ ,( r~ ~~ " ~~>.~ :'l:.:~ ..... - - u._ ~. 0- (:: ::J ' ~,!) i:;~ ~~~:I~ ,.l_~ (:) \~;' ~ C'J l,;..I..I- OiZ dl.U =! L;' tU U-f!: :.:.~ CDC,- ..,.~ ~ I.L (1'" ::-.:> 0 0' (.J JERRY I.. HEISEY IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION VS. DEBORAH A. HEISEY NO. 99-773 CIVIL TERM 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 93301 (c) ~R~ktIDt~~~ (Strike out inapplicable section), 2, Date and manner of service a/the complaint: February 13, 1999 by restricted delivery, first class mail (see affidavit of record) 3, Complete either paragraph (a) or (b), (a) Date of execution of the affidavit of consent required by 93301 (c) of the Divorce Code: by plaintiff July 6. 1999 ; by defendant July 15,1999 (b) (1) Date of execution of the affidavit required by 93301 (d) of the Divorce Code: (2) Date of filing and service of the plaintiff's affidavit upon the respondent: 4. Related claims pending: Non.. 5, Complete either (a) or (b), (a) Date and manner of service ofthe notice of intention to file praecipe to transmit record, a copy of which is attached: (b) Date of plaintiff's Waiver of Notice in 93301 (c) Divorce was filed with the Prothonotary: July 6. 1999; fi 1 pn ,Tn 1 y :n, 1 qqq , Date defendant's Waiver of Notice in 93301 (e) Divorce was filed with the Prothonotary: July 15, 1999 ; filed July 21, 1999 ~~ Attorney for Plaintiff! ~ Ke1th o. Brenneman' Date: July 21; 1999 '>- If) >- cr; ;2: ..:t l"~ <'. U~IS;~ ~ :J",r Oe ()~: R=.(:2 ..,~~ ()~~ _J.. 2L ". ';::", 91" <';'.).-1 C'j ::;.'1:3 arr~ llJ!~.. C\J ..J;;:: :::::J'll . CCz u.; '.- ~ l1.fl,u (~: OJ a..: ., :;s: '-'- O"l ::5 0 O"l () LAW OFFICES SNELBAKER. BRENNEMAN Be SPARE ..' JERRY L. HEISEY, plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 99- 773 CIVIL TERM CIVIL ACTION - LAW v. DEBORAH A. HEISEY, Defendant IN DIVORCE NOT ICE 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 for 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 that the court require you and your spouse to attend marriage counseling prior to a divorce decree being handed down by the court. A list of marriage counselors is available in the Office of the' Prothonotary at the Cumberland county Court House, Carlisle. You are advised that this list is kept as a convenience, to you and you are not bound to choose a counselor from the list. All necessary arrangements and the cost of counseling sessions are to be borne by you and your spouse. IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY, LAWYER'S FEES OR EXPENSES BEFORE A 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 HEI,P. Cumberland county Bar Association 2 Liberty Avenue Carlisle, Pennsylvania 17013 (717) 249-3166 SNELBAKER, BRENNEMAN & SPARE, P.C. By: ~~~ Attorneys for plaintiff >- C)' t: ~ c. 1,- i.~_; ~.;:: U.I~J C;'l-<'; ...J;. ~o " 'c. :'" f)'~'" c5'.' e:. (,. w.-l. _J Lt, C:J , :j 0: , " l.J.J .....L. (.:.: l,_ " lL rJ" :_j 0 en (-) ;..' ,. .~.". 1 .. I ,.. '., ' . ~ ~ ~.. . , ...... ~. :J ~ Q ~ '/.l "" \.;.i \/), . P 1.-).' ~' c.. .,... '" :..'. - '" :" '. 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HEISEY, Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYL VANIA : NO. 99-773 DEBORAH A. HEISEY, Defendant : CIVIL ACTION - LAW : IN DIVORCE ANSWER AND COUNTERCLAIM TO COMPLAINT IN DIVORCE AND NOW, comes the Defendant, DEBORAH A. HEISEY, by and through her attorney, Maria p, Cognetti, Esquire and tiles the following Answer and Counterclaim to Complaint in Divorce and avers as follows: I. Admitted. 2. Admitted. 3. Admitted. 4. Admitted. 5. AdmHted. 6. Admitted. '.. COUNT I - DIVORCE 7. Admitted. 8. The truth of this averment is strictly within the knowledge ofthe Plaintiff and therefore noanswer is required, 9. This avermentis more properly a prayer for relief and therefore no answer , !:~,,:' (\J ~ -;.' (.,; II. , ~. \ " ().:. '"'; fr.::, C:ji , ' (.) . t',I' ...../ tl: I.' f',: ~) -.S! .::;J IV W IV N 8 iF ~ ::: Ja QI ~ :-r: ::!. ." QI" g P ~ ~ o:s :-00 -0 ~ ~ ~- ~;r e, '" 0 ~ ,Il.l ~ao. So :::; :0 S " co - .6 =- '" . co '" I.:' 'I '" .....' 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