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HomeMy WebLinkAbout99-02060 ."..~ J "..~ . ,..~".. .,',',~,.. t3 o ,.0., \....;u ..~. I ' '0-: cr ~ z. ) ~ ~. .~.~.~.~. .~.:. .~+;. .~+:.-.~';;-::;::--::+;:{+:~~; {6~' '.:+:. --:+:.:~;-:;;-::+:/ " ~, DECREE IN DIVORCE AND NOW,...'O' h-t\'.~Cf.. .b.l........ 19.11... it is ordered and decreed that . .SalLy. .M.. .Castner... . . . .. . .......... . .. .. .., " plaintiff, and.. .qi:l~;r.s.'I;'~!\~..~,. ~.~!!~~~.~.... .. . . . ... .......... .. .,. . ", defendant, are divorced from the bonds of matrimony, ~ ~ '.I ~ 1E l ~ ~ ~ ~ ~~ ~ .:. ~ ~ ~, ~ ~ ~ ~.~ ~ ,': ~ fo~ ~ ~ ~: " ~ ~ ~"';',1f},~> ->>:. 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; :I:i}~. M'P;+j.fi~9'\!. s.~t;t;L~.lI!~t:lj:. J\g+I'l~.lI!~{lj:. .l:)ej:!'l.E\~I;l. j:.I1~. Pi3.J;Ul'l's. .waS. ..... .E\":eS::.ute(l. .C\n .JJ.l.ly. D.,. .199.9, . and. is. .iocO.I:porated. hut. not .me.l:ged. into this Decree in Divorce. DYTYU:bt){ oLrfi.. Alle.t:O . /} , .. .. y-~ . Prothonotary ~ S ~; ~ ~~ ~ v ~ ., " ~ ~; ~ ;'~ ~ ~.: ~ ~" *. ~.~ ~ "~ ,', ~ $ $ ~ '.' J. ~ v ~ ~ ... ~ .... Cl ;0- Cr; tr: ~ "" ,,, .).... r, - IU.. - :-~ ::~~ fl;!~. ~ ~~ - ..~ " .' I;~j ~.j~- '~ , " en \'l C'l' N }.. ~- ~p. ',," cCl.I. c.. ~iJ[~ ,..., ;C, C/J " en :'5 C> 0'> (.) 15. While no selllement has been reached as of the date of the filing of this Complaint, Plaintiff is willing to negDtiate a fair and reasonable selllement of all mailers with Defendant and is hopefulthllt Defendant may also be willing 10 eliteI' into lImal'ital selllcmenl agreement. 16. To the extent that a wrillen selllement agreement might be entered into between the parties, Plaintiff desires that such wrillen agreement be approved by the Court and incorporated in any divorce decree which may be entered dissolving the marriage between the parties, WHEREFORE, the Plaintiff prays that Judgment and Decree be entered as follows: (a) As to Count I, that a decree be entered divorcing Plaintiff' from the bonds of matrimony with the Defendant pursuant to 23 Pa.C.S. Section 3301(c) or (d); and (b) As to CountH, that an Order be entered equitably distributing property of the marriage; and (c) As to Count lll, that any selllement agreement reached between the parties be incorporated but not merged into the decree in divorce, RESPECTFULLY SUBMITTED, Mary Kol KOLLAS D KENNEDY I.D. No. 69246 1104 Fernwood Avenue, Suite 104 Camp Hill, Pennsylvania 170 II Telephone: (717) 731-1600 ATTOR!';EY FOR PLAINTIFF DATE:-46-\QC1 3 ~ i';, .:1' >- I'l~ c: r'- Itl':: r:-:. ! , ( .' ~ ;.. I ". ..,~ . ,,- . (.,);; - ; .:." '.. r- " " u', I -,. ; ~: ~iJ G:''-: I" i:: c.. ... ~j1U4 ~ ~, en :) (J\ <.> ~1~UO''''D'''lta'''Ulto :t'NlIliNr .u'tll'llY ~O Jj'~t='O ~O~ NCIO~ 't"lYtl:nUW'lS""" .~ .~ .J , ..; ... J ~ '. r-' ~ .J oj ~ \ J~ J_j ~ ~ 01 )0 'I' Q 1&1= III :10 Z:q~ ffi j i(> :! S! ~~ zliS ~ c ~ ~ ~~8S!~ < Z ~ z" .. z - Ul~Il:Z" <ljr:~le~ ji(":f o 2_ ~ ~ J: .. :E '< U SALLY M. CASTNER, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA r: r I F " I. r I I I, 1 v. : NO. qq - 20,"0 ~ : CIVIL ACTION. LAW : IN DIVORCE I I ! I i I f " , , CHRISTIAN J. CASTNER, Defendant PRAECIPE TO PROCEED IN FORMA PAUPERIS To the Prothonotary: Kindly allow, Plaintiff Sally M Castner , to proceed in filona pauperis, I, M8Iy Kollas Kennedv , attorney for the party proceeding in fi2rmll pauperis, certifY that I believe the party is unable to pay the costs and that I am providing free legal services to the party. The party's affidavit showing inability to pay the costs of litigation is attached hereto. ,/ .J. .' I: I MOlorvchicle: Make~ Year !C)3'& Cost Amount owed Stocks; bonds: Other: Debts and obligations Mortgage: ~ Z~ Rent: Loans: Monthly Expenses:..,$ ~ f'rpdL+ rltltrL;.J7DD/hl.n 8YtU4'S (g) Persons dependent upon you for support I ~ , L I I.', \, ['" " (I) (Wife) (Husband) Name: Children, if any: Name: 1l.itho.\as Ii Age: JZ 4. I understand that I have a continuing obligation to inform the court of improvement in my financial circumstances which would permit me to pay the costs incurred herein. 5. 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 unsworn falsification to authorities. Date: @ LLJ_p" C, q JeW ~ \..,l('{\.. c..~+h1J\ I 3 ~ ''';;': i'i .: i:: ,.,: C 1-, F. '.--; \IJ~/ " L~~:, .... , H>l ,- (1)~ r- II" ", I r..::\i; fr:. '- i'_J J, iI.. II':" '", ~, u, en ::j 0 0' U .. N , ~ 1&1= 11/ :>0 Zit Z ~ Z ~ !II ~ 2 11/ ,:, '< Z ill ~ '< c ~ ~ ~ n ~~ <~z~~ UlOO:.,- <t;~~Q.~ :I'<g:f o ~- ~ ~ ~ :f ~ . ,'. /;' '.r) - , '.. , - " , -' j ':. '" " l; ;", L ' (ij " v; la. c) ,'" t':' ll, .J CJ .. ;;; ~ 'I' - '" ~ III :> Z ~ z Z '" :!i ~ III . ~ z ll:!(c ~ cUt 0 ~ , Z~~ ~ 0( Z Z Z ;; 1II ~ It Z ~ ~ ~ ~ & :1 o 2 i: ll: - .. :I! < u ,,- -.::"'~ ...~~ .~,~ SALLY M, CASTNER, Plaintiff v. IN THE COURT OF COMMON PLEAS CUMBERLAND COl;NTY, PENNSYI.VANIA NO. 99-2060 Civil CHRISTIAN J. CASTNER Defendant CIVIL ACTION - LAW IN DIVORCE AWVICAVIT OF CONSENT AND WAIVER or ~OURSELINQ 1, A Complaint in Divorce under Section 3301 (c) of tho Divorce Code was filed on April 7, 1999 2. The marriage of Plaintiff and Oefendant is irretrievably broken and ninety (90) days have elapsed from the date of filin; and service of the complaint. 3. I consent to the entry of a final Decree of Divorce after Service of notice of intention to request entry of the decree. 4. I have been advised of the availability of marriage counseling and understand that I may request that the Court require that my spouse and I partiCipate in counseling, I further understand that the Court maintains a list of marriage counselors in the Prothonotary's Office, which list is available to me upon request. Being so advised, I do not request that the Court require that my spouse and I participate in counseling prior to a Decree being handed down by the Court. WAIVER OF NOTICK 01' INTENTION TO RI:OlmSlJ' EN'l'RY OJ' A DIVORCE D2CJU:E UNn~R SECTION 3301 eel OF ~ DIVORCE CODE 1 . I consent to the entry of a ~I~~i Decree of Oi vorce without further nptice. 2. I understand that I may lose rights concerning alimony, division of property, lawyer's fees, or expenses if I do not claim the~ 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 subject to the penalties of 18 Pa. C,S. S ctio 4904 relati 0 unsworn hlaifi.cdHon ~o duthuL'ltles. oJ .. Date&P-I I ~, q9 ". (n - c:; ... ~-: .... ; , :- u: ( \: ... ".L .", .. C:l:- -' (lj (J\ " " <.,,-' .;11 (~.. ,. ~.1 ,.. l. i UJ ::; " c;, 0 "" l.J !:! .. 'l' ~ - ~~H ~ H ~~. ~~Q~- C <h 8 ~ z ~ ~ III ::! o(~~~" In 0 It .. c j~~~ o ~- ~ ~~ 21 0( U ;-- ;:-;; ....,.. -, HM"'llO' A01l1tO. '1-nILll. nNULO :ON l'j1fO~ '::IN. "1VNOU'fNWUNI,.J,l"U'll'l' ~O NOIIWQ" "lYtlJ"lll.V!S"TlV SALLY M. CASTNER, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 99-2060 Civil CHRISTIAN J. CASTNER, Defendant CIVIL ACTION - LAW IN DIVORCE AFFIDA VIT OF SERVICE I certifY that I am an adult individual residing in Cumberland County in the Commonwealth of Pennsylvania. On this 13th day of April, 1999, I certifY that a Complaint in Divorce on behalf of Plaintiff was hand delivered to the individual listed below who affirmatively identified himself to me: Christian J. Castner Susquehanna Valley Harley Davidson 2225 SycamDre Street Harrisburg, P A 17111 I verifY that the foregoing statements are true and correct to the best of my knowledge. L 40/'//~-, By: _n ~ ,/ James W. Kollas Dated: ~(// 3/9'1 Sworn to or affirmed by me on ttys_ ~ ~~ day of _~ ,1999. ~~1~ My Commission Expires:W /&1 17'79 Notarial Seal Dawn E. Naes. Notary Public Lower Allen Twp" Cumberland County My Commission Expires Del. , 6. , 999 i (', '. t..! I' I : , , .. . ~-~ f' C " .~;. I. '" U Go' ~.J N ; ~ '9 ~ .. 0 III :> !:: Z ~ z Z .. ::! ~ Ill. ~ Z :.:: !( c ~ C" 0 , ~ Pi z 10 ~ Ul " 0( Z Z z i' III ~ 0: Z .. E ~S~ II. :f o 2 i: :.:: ~ II. :I: ~ ..... .. .;- ~. ~..-.. MARRIAGE SETTLEMENT AGREEMENT 1'"2.~" j AGREEMENT MADE this I V day of 'l" 1.v. by and between SALLY M. CASTNER - AND - CHRISTI~ J. , 1999, CASTNER, at Harrisburg, Pennsylvania. WHEREAS, the parties hereto are husband and wife having been married on June 24, 1993, at Hagerstown, Maryland. WHEREAS, diverse unhappy differences, disputes and difficulties have arisen between the parties and it is the intention of Husband and Wife to live separate and apart for the rest of their natural lives, and the parties desire to settle fully and finally their respective financial and property rights and obligations as between each other including, without limitation by specification: settling of all matters between them relating to the ownership and equitable distribution of real and personal property; settling of all matters between them relating to the past, present and future support, alimony and/or maintenance of Wife by Husband or of Husband by Wife; and in general, the settling of any ana all claims and possible claims by one against the other or against their respective estates. NOW, THEREFORE, in consideration of the foregoing premises and of the mutual promises, covenants and undertakings hereinafter set forth and for other good and valuable 1 QjC/ consideration, receipt of which is hereby acknowledged by each of the parties, Wife and Husband, each intending to be legally bound hereby, covonant and agree as follows: 1. Divorce and Separation. The parties agree to the entry of a decree in divorce pursuant to Section 3301(c) of the I>i vnrcp. Code of 1980. Husband altu Wife shall at all times hereafter have the right to live separate and apart from each other and to J'l'side f.rum time to tim" at' such place or places as lhey shall respectively deem fit, free from any control, restraint, or interference whatsoever by the other. Neither party shall molest the other or endeavor to compel the other to cohabit or dwell with him or her by any legal or other proceedings. The foregoing provision shall not be taken to be an admission on the part of either Husband or Wife of the lawfulness or unlawfulness of the cause leading to their living apart. A reconciliation will not void the provisions of this Agreement. 2. Division of Property. Husband and Wife agree that the following constitutes an equitable distribution of the marital property: A. The following shall become the sole and exclusive property of Husband: 1. Husband shall retain the parties mobile home residence located at 6 Lois Lane, Mechanicsburg, Cumberland County, Pennsylvania, 17055. 2. Husband shall retain his Ford Bronco. 0~ 3. HUllhllnd IIhall rolaln his Harley Davidson molorcycle. B, Tho [ollowinq IIhall become lho solo and exclusive property of Wife: 1. Wife shall retain her Pord Bronco. C. All personal property in the possession of each parly as of the date of execution of this Agreement shall remain the sole and separate property of each party respectively. D. The parties acknowledge that they have each made to the other a full accounting of their respective assets, estate, liabilities, and other sources of income and based thereon they mutually agree that the property listed above constitutes the entire marital property. 3. Income Tax Prior Returns. The parties have heretofore filed joint federal and state 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 defiGicncy or 3sse9sment an6 Jny 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 finally determined to be the cause of the 3 QjC/ misrepresentations or (allurus to disclose the nature and extent of his or her separate incomo 011 tho ilforesaid joint returns. 4. Execution of Additional Documents. The parties agree to each sign Affidavits o( Consent upon the expiration of ninety (90) days fOllowing the filing and service of the Divorce Complaint. The parties agree to execute any deeds, assignments, titles or other instruments necessary and appropriate to accomplish the aforesaid ji~ision of properly. 5. Transfers Subiect to Liens, Notwithstanding any other provisions in this document all property transferred hereunder is subject to the eXisting lien or liens set forth above. The respective transferee of such property agrees to indemnify and save harmless the other party from any claim or liability that such other party may suffer or may be required to pay on account of such lien or encumbrance. 6. Complete Listinq of Propertv. The parties represent and warrant to each other that the property described in this Agreement represents all of the property in which they have any right, title a~d inter~st, bod that such propBrty is subject to no mortgage, pledge, lien, security interest, encumbrance or charge except those which are disclosed herein. 7. Equitable Distribution of Property. By this Agreement, the partjes have intended to effect an equitable 4 ocr distribution of their jointly owned property. The parties have dntermlned that nn equitable division of such property conforms to u 1ust and right standard, with due regard to the rights of each party. The division of existing marital property is not Intended by the parties to constitute In any way a sale or exchange of m:.sets, and thf> division is being effectuated without tho introduction of outside funds or other property not con~tituting n part of t~e maritLl antate. It is the intention of the parties to treat all transfers of property herein as non- taxable. 8. Relinauishment of Ownership. Except as provided herein, Husband forever relinquishes any right and interest he may now or hereafter have in any assets now belonging to Wife, and Wife forever relinquishes any right or interest she may now or hereafter have in any assets now belonging to Husband. 9. After Acauired Propertv. Each of the parties shall hereafter own and enjoy independently of any claim or right of the other, all items of property, be they real, personal or mixed, tangible or intangible, \Ihich are hereafter 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. 5 Qj~/ 10. Debts. A. lIushand and Wi fe agree to be responsible for 1IH' Joint debts of tile! partin" as follows: lIusb,lnd shall be rnsponsibic for the IOWl on the parties mobile home located at 6 Lois I,ane, Mechanicsburg, Cumberland County, Pennsylvania. He shall refinance said mo~le home within 3 months of the date of this agreement in order to remove Wife's name from said obligation. It if further agreed between the parties that should Husband be unable to refinance said loan within 3 months of the date of this Agreement, then the mobile home shall be sold and the proceeds equally divided between the parties. B. All debts, contracts, obligations or liabilities incurred at any time in the past or future by either party will be paid promptly by said party, unless and except as otherwise specifically set forth in this Agreement; and each of the parties hereto further promises, covenants and agrees that each will now and at all times hereafter save harmless and keep the other or his or her estate indemnified and save harmless from all debts or liabilities incurred by him or her, as the case may be, and from all actions, claims and demands whatsoever with respect thereto, and from all costs, legal or otherwise, and Counsel fees whatsoever pertaining to such actions, claims and demands. Neither party shall, as of the date of this Agreement, contract nor incur any debt or liability for which the other or 6 Ccf his or hel property may be l'esponsi ble, and sha II indemni fy and save harmless tho other from any and all claims or demands made against him or her by reason of debts or obligations incurred by him or her and from ail expenses, legal costs, and counsel fees unless provided to the contrary herein. 11. Bankruptcv or Reoraanization Proceedinas. In the event that either party becomes a debtor in any bankruptcy or tinancia I reOr\1anizal:ion p:,<'ceedi n9s of any kind while dny 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 credi tor-spouse as set forth herein, including all attorney 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 obligalion hereunde'. is dis<.:harged or dischargeable. The parties mutually agree that in the event of bankruptcy or financial reorganization proceedings by either party in the future, any monies to be paid to the other party, or to a third party, pursuant to the terms of this Agreement shall 7 cuC/ constitute support and mainLenance and shall not be discharged in bankruptcy. 12. Alimony. 'rhe: parties mutually agree to forego or waive any right to alimony, alimony pendente lite, and spousal support. 13. Full Disclosure. The respective parties do hereby warrant, represent and declare that he and she have made a full and compli'te di,.;cloH'Jr'~ to tb, oth.,r' oE all assets of any nature whatsoever in which such party has an interest and any further enumeration or statement thereof in this Agreement is specifically waived. Each party agrees that he or she shall not at any future time raise such a defense or otherwise the lack of such disclosure in any legal proceeding involving this Agreement with the exception of disclosure that may have been fraudulently ~1i thheld. 14. Releases. Each party does hereby remise, release, quitclaim and forever discharge the other and the estate of the other from any and every claim that each other may now have, or hereafter have or "an have at a;,:, tin.e, against the other, or in and to or against the other's estate, or any part thereof, whether arising out of any former contracts, engagements or liabilities of the other, or by way of dower or claim in the nature of dower, widow's rights, or under the intestate laws, or 8 ocr the right to take against each other's will, or for support or malntenancCl, or of any ollwr !Jilt.un' whalsoevClr, except any rights accruing under t.his Agrccment or us olherwlse stated In this Agrcement. 15. Indemnification. Each party represents and warrants to the other that he or she has not incurred any debt, obligation, or other liability, other than described in this Agreement, on \~hlch the other part) is or may be liable. Each party covenants and agrees that If any claim, action or proceeding is hereinafter initiated seeking to hold the other party liable for any other debts, obligations, liability, act or omission of such party, such party will at his or her sole expense, defend the other against any such claim or demand, whether or not well-founded, and that he or she will indemnify and hold harmless the other party in respect of all damages as resulting therefrom. Damages as used herein shall include any claim, action, demand, loss, cost, expense, penalty, and other damage, including without limitation, counsel fees and other costs and expenses reasonably incurred in investigating or attempting to avoid same or in '-'PPos,' ng the imposition thereof or enforcing this indemnity, resulting to Husband or Wife from any inaccurate representation made by or on behalf of either Husband or Wife to the other in this Agreement, any breach of the warranties made by Husband or Wife to the other in this 9 OJO ! , ~ ; , , I' r Agreement, or breach or default in performance by Husband or Wife of ilny of the obligations to be pel formed by such party hereunder. 'I'ho Husband or Wife agrees to give tho other prompt written notice of any litigation threatened or instituted against either party which might constitute the basis for a claim for indemnity pursuant to the terms of this Agreement. 16. General Provisions. This Agreement constitutes the entire understanding of the partie~; and supersedes any and all prior agreements and negotiations between them. There are no representations or warranties other than those expressly set forth herein. 17. Fair and Eauitable Contents. The provisions of this Agreement and their legal effect have been fully explained to the parties by their respective counsel. Each party acknowledges that he or she has received independent legal advise from counsel of his or her selection and that each fully understands the facts and has been fully informed as to his or her legal rights and obligations. Each party acknowledges and accepts that this Agreement is, under the circumstances, fair and equitable, and I:hac it ,~s being ;,ntereJ into freely anu voluntarily after having received such advice and with such kn0wledge, 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 collusion or improper or illegal agreement or agreements. 10 00~ 18. Breach. It is expressly stipulated that if either party fails In the due performance of any of his or her material obligations under this Agreement, the other party shall have the right, at his or her election, to sue for damages for breach thereof, to sue for specific performance, or to seek any other legal remedies as may be available, and the defaulting party shall pay the reasonable legal fees for any services rendered by l 'Je non-defaulting part,v' ~ attorney in any action or proceeding to compel performance hereunder. 19. Independent Separate Covenants. It is specifically understood and agreed by and between the parties hereto that each paragraph hereof shall be deemed to be a separate and independent Agreement. 20. Void Clauses. If any term, condition, clause or provision of this Agreement shall be determined or declared to be void or invalid in law or otherwise, then only that term, condition, clause or provision shall be stricken from this Agreement and in all other respects this Agreement shall be valid and continue in full force, effect and operation. 21. Execution of Documents. Each party shall on demand execute any other documents that may be necessary or advisable to carry out the provisions of this Agreement. 11 qf 22. ADPlicable Law. This Agreement shall be construed IInner the laws of Lho CommonwcalLh of Pennsylvania. 23. ~eraer. This Agreement shall not merge with any sUbsequent decree in divorce between the parties but shall survive such decree and be entirely independent thereof. This Agreement shall be incorporated for the purposes of enforcement only into any Decree in Divorce which may be entered with respect to the parties. but sh"ll not be d"emed to 'lave been merged with such Decree. 24. Representation of Parties. The parties have mutually worked out the terms of this Marriage Settlement Agreement. Husband has been represented by Mark T. Silliker, Esquire. Wife has been represented by Mary Kallas Kennedy, Esquire. IN WITNESS WHEREOF, the parties hereto have set their hands and seals the day and year first above written. Wi tness: JO.QIL~rvl. tCl~+~Vl Sa11y M. Castner ~ Christian 12 f I: I . '- "" " , : f , .--, I . I. - , , = .- fi. r" ", '- I , , , .' N ;; )0 ! a ~~ ~ ~ ffi ~ III .J 1l z 2 ~.... ~ ~ '1 c ~ ';' c..gS!~ z ~ ~ III 1! <~Z~i' 11I00:..- ..; I: ~ .. ~ j '< il :f 0-- ~ - ~ :E '< u HM'ftllll'AD"9lIILO. ''''UILtI. ~I'"ILO :"00 l'jll(;~ ':lHl "1YNOU'AlIIUNI.UV.lIMlY:/O NOlSWQ., "1von 11Y.1S.11'1'