HomeMy WebLinkAbout99-02491
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IN THE COURT OF COMMON PLEAS
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OF CUMBERLAND
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PENNA,
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..PAMELA. J... MCANINCH
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..DOUGLAS,J.MCANINCH
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DECREE IN
DIVORCE
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it is ordered and
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decreed that "" PAMELA, ,J, ' MCANINCH, , , ' , , , , ' , , , , , , , , , , , , , " plaintiff,
and", , , " , , , , , , ,DOUGLAS, J,., ,MCANINCH, , " , , , , " " " , " , ". 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;
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,.NONE,. The, te,r-ms, of ,the ,Mari,tal, Agreement, of ,October, ,lB" ,1,999.
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"are ,incorporated", ,but, not, merged ,with ,this ,Divorce, Decree ,and
are enforceable pursuant to 23 Pa. .A. Section 3105.
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limited to: the equitable distribution of the marital property; past, present, and futurc support;
alimony, alimony pcndente lite, custody; and in gencral, any and all othcr claims and possible
claims by one against the other or against their respective estates; and
NOW THEREFORE, in consideration of the covenants and promises hereinafter to be
kept and performed by each party and for other good and valuable consideration, the partics,
intending to be legally bound hereby, the parties do hereby agree as follows:
I, ADVICE OF COUNSEL.
The provisions of this agreement and their legal effect have been fully explained
to the parties by their respective counsel. WIFE is represented by Melissa Peel Greevy, Esquire,
HUSBAND is represented by Lori K, Serratelli, Esquire.
The parties further declare that each is executing the Agreement freely and
voluntarily having either obtained sufficient knowledge and disclosure of their respective legal
rights and obligations or, if counsel has not been consulted, expressly waiving the right to obtain
such knowledge. The parties each acknowledge that this Agreement is fair and equitable and is
not the result of any fraud, coercion, duress, undue influence or collusion.
2, DIVORCE ACTION,
The parties acknowledge that their marriage is irrctrievably broken and that they
shall secure a mutual consent no fault divorce pursuant to ~ 3301 (c) ofthc Divorce Code, Thc
parties agree to execute Affidavits of Consent for divorce and Waiver of Notice of Intention to
Requcst Entry ofa Divorce Decrec concurrently with the execution of this Agreement.
This Agreement shall remain in full force and effect after such time as a Iinal
decree in divorce may be entered with respect to the panies. The parties agree that the terms of
Page 2 of 13
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release from all claims whatsoever, in law or in equity which either party now hus aguinst the
other,
5, fINANCIAL DISCLOSlJRE.
The purties represent and wurrantthat the disclosures each have made are truthful.
accurate and complete. The parties eonlirm thut euch has relied on the accuracy of thc linancial
disclosure of the other us an inducement to the execution of this Agreement. Each party
understands that he/she had the right to obtain from the other party a complete inventory or list of
all property that either or both parties owned at the time of separation or currently and thm cach
party had the right to have all such property valued by means of appraisals or otherwise. Both
parties understand that they have a right to have a court hold hearings and make dccisions on the
matters covered by this Agreement. Both parties hereby acknowledge that this Agrcement is fail'
and equitable, and the terms adequately provide for his or her interests, and that this Agrecmcnt
is not the result of fraud, duress, or undue influence exercised by either party upon the other or by
any person 01' persons upon either party.
6, SEPARATION-INTERFERENCE"
WIFE and HUSBAND may and shall, at all times hereafter, live separate and
apart, They shall be free from any interference, direct or indirect, by the other in all respects as if
fully as if they were unmarried. Each may, for his or her separate use or bencfit, conduct carryon
and engage in any business, occupation, profession or employment which to him or her mal'
seem advisable, WIFE and HUSBAND shall not harass, disturb or malign each othcr or thc
respective families of each other,
Page 4 of I3
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7. REAL PROPERTY,
The parties were joint owners of real property located at 3936 Brookridgc Drive,
Mechanicsburg, Cumberland County, Pennsylvania, On June 15, 1999 HUSBAND convcycd via
a deed executed that day, all of his right title and interest in said property to WIFE free of all
encumbrances except the outstanding mortgage executed on June 15, 1999 which is in WIFE'S
name alone and which WIFE agrees to assume and pay. The parties agree that this transfer of
the Deed by HUSBAND was a part of WIFE'S eguitable distribution in the amount of the then
existing eguity of the marital home in the amount of approximately $ 83,300,00.
8, DEBTS.
HUSBAND represents and warrants to WIFE that since the filing of the Divorce
he has not and in the future will not, contract or incur any debt or liability for which \VIFE or her
estate might be responsible, and he shall indemnify and save WIFE harmless from any and all
claims and demands made against her by reason of such debts or obligations incurred by him
since the date of said filing, except as otherwise set forth herein,
WIFE represents and warrants to HUSBAND that since the filing of the Divorcc she has
not and in the future will not, contract or incur any debt or liability for which HUSBAND or his
estate might be responsible, and she shall indemnify and save HUSBAND harmless from any and
all claims and demands made against him by reason of such debts or obligations incurred by her
since the date of said filing, except as otherwise set forth herein,
9, RETIREMENT BENEFITS AND INVESTMENTS.
(a) HUSBAND is the owner of the following investments with the following ,alues
as of June 12, 1999:
Page 5 of 13
share, proportionately, summer camp and sports activity expenses,
13. INCOME TAX ))EPENDENCY DE))UCTIONS.
As long as HUSBAND rcmains current on his rcquircd child support paymcnts,
thc partics agrec to divide thc dependcncy deductions as follows:
WIFE will retain thc deduction for Elisc, HUSBAND will reccivc thc deduction 1'01'
Dylan, Thc dcduction tar Ryan will altcrnate betwccn the partics with WIFE taking the
dcduction for Ryan in odd numbercd years and HUSBAND taking the dcduction for Ryan in
even numbered years, WIFE agrees to execute the Internal Revcnuc Service form 8332 or any
other declaration required by the Treasury Department or the Intemal Revenue Service to
implement this Agreement and agrees to provide such declaration to HUSBAND in a timely
Cashion.
14. AVTOMOBILES.
WIFE will receive the 1996 Town and Country Van. HUSBAND will receive the
1993 Jeep Grand Cherokee, The parties agree to maintain their vehicles and shall be solely
responsible for all payments, maintenancc, insurance and other costs or fees related to their
respective vehicles, Each party agrees to indemnify and hold the other harmless for any and fill
liability related to thcir respcctivc vehicles, and to exccute any and all necessary documents to
efCect the transfcr of the title of each vchicle as agreed above,
15, H.QlJSEHOL)) GOO))S AND PERSONAL PROPERTY.
The parties agrce that they have distributed and are currently in possession oCthe
household goods and personal property which has bcen divided betwcen them in a satisl:1ctory
and equitable manncr, HUSBAND has provided a list houschold goods and personal property in
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his possession, which he will retain as provided in the attached list.
16. ALIMONY.
Upon the execution of this Agreement, the parties hercby exprcssly waivc. rclcasc.
discharge and givc up any and all rights or claims which either may now or hercaller have 1'01'
any and all alimony, alimony pcndente lite, maintenance or spousal support. The partics further
release any rights that they may have to seek modification of the terms of this Agreemcnt in a
court of law or equity, with the understanding that this Agreement constitutes a final
dctermination for all time of either party's obligations to contribute to the support or maintenance
of the other.
17, COOPERATION,
WIFE and HUSBAND shall mutually cooperate with each other in order to carry
through the terms of the Agreemenl, including but not limited to the signing of documents,
Following the expiration of the ninety (90) day waiting period, to end on July 29, 1999, the
parties will promptly sign Affidavits of Consent, Affidavits Waiving Marriage Counseling. and
Waivers of Notice ofIntent to Request Entry of A Divorce Decree,
18, BANKRUPTCY OR REORGANIZATION PROCEE(}JNGS,
In the event that eithcr party becomes a debtor in any bankruptcy or financial
reorganization proceedings of any kind while any obligations remain to be performcd by that
party for the benefit of the othcr party pursuant to the provisions of this Agreement. the dehtor
spouse hereby waives, releases and relinquishes any right to claim any exemption (whcther
grantcd under Fcderal or State Jaw) to any property remaining in the debtor as a defensc to any
claim made pursuant hereto by the creditor-spouse as set forth hcrcin. including ail attorney fees
Page 9 of 13
and costs incurred in the enforcement of this paragraph or any other provisions of this
Agrecment. 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 asset
that obligation hereunder is discharged 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 constitute support and
maintenance and shall not be discharged in bankruptcy,
19, ATTORNEY FEES. COURT COSTS.
Each party hereby agrees to be solely responsible for his or her own counsel fees.
costs and expenses, Neither shall seek contribution thereto from the other party cxcept as
otherwise expressly provided herein,
20, ATTORNEYS' FEES FOR ENFORCEMENT,
In the event that either party breaches any provisions of this Agreement and the
other party retains counsel to assist in enforcing the terms thereof. the breaching party will pay all
reasonable attorneys' fees, co un costs and expenses (including interest and travel costs, if
applicable) which are incurred by the other party in enforcing the Agreement, whether
cnforcement is ultimately achieved by litigation or by amicablc resolution, It is the spccilic
Agreement and intent of the parties that a breaching or wrongdoing party shall bear the obligation
of any and all costs, expenses and reasonable counsel fees incurred by the nonbreaching party in
protecting and enforcing his or her rights und,~r this Agreemcnt.
Page 10 of 13
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mlVER OF RIGHTS.
Both parties hereby waive the following procedural rights:
(a) The right to obtain an inventory and the appraisement of allmarilal and
non-marital property;
(b) The right to obtain and income and expensc statcmcnt of eithcr pal'll':
(c) The right to have all property identified and appraiscd;
(d) Thc right to discovery as provided by the Pcnnsylvania Rules ofCi\'i1
Proccdure;
(e) The right to havc the court make all determinations rcgarding marital and
non-marital property, equitable distribution, spousal support, alimony pendente lite, alimony.
counsel fees and costs and expenses,
22, vom CLAUSES.
lfany term, condition, clause or provision of this Agreemcnt, shall be detcrmined
or declared to be void or invalid in law or otherwise, then only that tcrm, condition. clause or
provision shall be stricken from this Agreement. and in all othcr respccts this Agreemcnt shall be
valid and continue in full force, effect and operation.
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APPLICABLE LAW.
This Agreement shall be construed under the laws of the Commonwealth of
Pennsylvania,
24, ENTIRE AGREEMENT.
This Agreement contains the entirc understanding of the parties. and there arc no
representations, warranties, covenants or undertakings other than those expressly set for herein,
Page 11 of 13
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AI'I'ENDlX TO I'ARAGRAI'H 15 OF THE MARITAL SETTLl~MENT AGREEMENT
The following is a list of items that Husband has retained:
I. Three oak wall units.
2. One wheelbarrow.
), Miscellaneous photographs,
4. One cooler,
5, One trailer,
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prothonotary: Novcmber 15, 1999.
(b) Date Dcfcndant's Waiver of Notice in *3301(c) Divorce was filcd with thc
prothonotary: Novcmber 15. 1999
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Respectfully submitted,
Melissa Pecl Grecvy, Esquire
I.D, No. 77950
214 Senate A venue Suite 602
Camp Hill,PA 17011-2336
(717) 763-8995
Counsel for the Plaintiff
Ryan Douglas McAninch
age 12
130m: 6/12/86
Dylan Russell McAninch age 9 130m 7/489
Elise Paige McAninch age 5 130m 6/4/93.
8, Neither Plaintiff nor Defendant is in the military or naval service of the United
States or its allies within the provisions of the Soldiers' and Sailors' Civil Relief Act ofthc
Congress of 1940 and its amendments,
9, There have been no prior actions of divorce or annulment between the parties,
10. The marriage is irretrievably broken,
II. Plaintiff has been advised that counseling is available and that Plaintiff may have
the right to request the court require the parties to panicipate in counseling.
12. PJain(iffrequests the court to enter a decree of divorce,
13, The parties may, but have not yet, entered a written agreement with regard to
custody and visitation of the minor children and property division.
WHEREFORE, Plaintiff requests your Honorable Court to enter a Decree in Divorce,
divorcing Plaintiff and Defendant.
COUNT II
EOIJITABI.E DISTRIBUTION
14. Paragraphs I through 13 of this Complaint are incorporated by reference as
though set fonh at length.
15. Plaintiff and Defendant have acquired propeny during the course of their marriage
until the date of their separation,
16. Plaintiff and Defendant have not rcached an agreement as to an equitable division
of said property.
WHEREFORE, Plaintiff requests your Honorablc Court to cquitably divide all marital
propcrty,
COUNT III
CUSTODY
17. Paragraphs I through 16 of this Complaint arc incorporated by rcfercncc as if set
forth at length.
18. Plaintiff seeks custody of the minor childrcn born of this marriage:
Ryan Douglas McAninch age 12 Born: 6/12/86
Dylan Russell McAninch age 9 Bom 7/489
Elise Paige McAninch age 5 Bom 6/4/93,
19. The minor childrcn reside with Plaintiff and Defendant.
20. Plaintiff has no infomlation of any custody proceeding conceming the minor
children pending in this or any other State,
21. Plaintiff has not participated as a party or witness, or in any other capacity, in
other litigation concerning the custody of the minor children in this or any other court,
22. The minor children were bOn! in wcdlock.
23. The best intercsts and permanent welfare ofthc children will be served by
granting the relief requested because:
a. Plaintiff is and has always been the primary carc giver for the minor
children;
b, Plaintiff's work schedulc is flexible and allows hcr to bc available to thc
children in accordance with their school schedulcs,
c. Plaintiff will be coopcrativc to assure the childrcn have frequent and
continuing contact with the Defendant.
24, Each parent, whose parcntal rights to these childrcn havc not becn tcrminated, and
thc parcnt who has physical custody of thc childrcn has bcen namcd as partics to this action, No
othcr persons are known to have or claim a right to custody or visitation ofthc childrcn.
WHEREFORE, pursuant to thc Custody Act, 23 Pa, C,S. 9 5301,ln ~., Plaintiff
requests that Your Honorable Court grant sharcd Icgal custody and primary physical custody of
the children to Plaintiff and partial costody to Dcfcndant.
I verifY that the statements made in this Complaint are truc and correct. I undcrstand that
false statements herein are made subject to the pcnalties of 18 Pa. C,S. 94904, relating to
unsworn falsification to authorities,
Date: /...f- ao- '11
Respectfully submitted,
Date: ~-1o-q1
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Melissa Pcel Greevy, Esquire
1.0. No. 77950
214 Senate Avenue Suite 602
Camp Hill, PA 17011-2336
(717) 763-8995
Counsel for the Plaintiff
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OF CUMBERLAND
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DECREE IN
DIVORCE
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AND NOW. ' " " ,', , " , , " " , , , , , " , , , " 19""". it is ordered and
decreed that ,'.. .P.J\~J;:~!\ ,J, ..MGA.NINC;a, , , .. , , , , ' . .. .. , , .. , , , '. plaintiff.
and ' , , , , , , , , , ' , , ,DOUGLAS, J. ,MCANINCH, , , , , , , , , ' , , , , , , , , , '. 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;
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NONE. The terms of the Marital Agreement .Q~,Oj::,t;01;>~;r"18,,,1.999
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are enforceable pursuant to 23 Pa. C.S.A. Section 3105.
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PAMELA J, McANINCH
Plaintiff,
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY,
PENNSYLVANIA
v.
CIVIL ACTION - LA W
DOUGLAS J. McANINCH,
Defendant.
No, 99-2491 Civil T~rm
IN DIVORCE
PRAECIPE TO TRANSMIT THE RECORD
(a) Datc plaintifrs Waiver ofNo:ice in ~ 3301 ~~
To the Prothonotary:
Kindly transmit the record, together with the following infonnation, to thc court for cntry
of a divorce decree:
I. Ground for divorce: irretricvable breakdown under S 3301(c) of the Divorce Codc
2. Date and manner of service of the Complaint: Via Acceptance of Service by
Counsel for the Defendant, Lori K, Serratelli, Esquire on April 30,1999, via United Statcs mail.
postage prepaid,
3.
(a) Date of execution oflhc atlidavit of consent rcquircd by S 3301 (c) Oflhc
Divorce Codc: by PlaintiffDcccmber 15, 1999,
(b) Date of execution orthe affidavit of consent rcquired by ~ 3301(c) of the
Divorce Codc: by Defendant Dccember 3.1999,
4, Related claims pending: NONE,
5.
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SERRATELLI, SCHIFFMAN, BROWN & CALHOON, P.C,
SUlTl~201
20an I JIIIWntuwN ReM!)
HAkkl~ftUIlU.r^ 17110.9670
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PAMELA J. McANINCH,
Plaintiff
VS.
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
NO, 99-2491 CIVIL TERM
CIVIL ACTION - LAW
!
DOUGLAS J. McANINCH,
Defendant
IN DIVORCE
AFFIDAVIT OJ' CONSBIlT AJl1)
DIVBR 01' NOTICE OJ' INTENTION TO IREQUEST
BNTRY OJ' A DIVORCE DECRE!
UNDER 3301tCI 01' THE DIVORCE CODE
(1)
A Complaint in Divorce under section 3301(c)
of the Divorce Code was filed on April 26, 1999.
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.
I consent to the entry of a final decree of divorce without
formal notice of the intention to request entry of a divorce
decree.
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(2)
(3)
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.
(5) I understand that I will not be divorced until a divorce
decree is entered by the Court and that a copy of the Decree
will be sent to me immediately after it is filed with the
Prothonotary.
(4)
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. Sec. 4904 relating to
unsworn falsification to authorities.
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DATED
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