HomeMy WebLinkAbout99-03892in
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IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY
STATE OF PENNA.
CHRISTINE M. WALLACE,
Plaintiff N O. 3892 -99
VERSUS
RICHARD M_ WALLACE.
Defendant
DECREE IN
DIVORCE
AND NOW, S?ewta' Zb , 2000 , IT IS ORDERED AND
DECREED THAT -CHRISTINE M_ WA ..A , PLAINTIFF,
AND RICHARD M. WALLACE , 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; NONE. All claims have been resolved by the Marital
Settlement Agreement dated May 31, 2000, attached hereto as Exhibit A,
which is incorporated for enforcement purposes, )l dt not merged into this
BY (? HE COURgT:
ATTEST: J.
OTHONOTARY
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UW au/ <uuu 10:1 / /1 Itl4tllyuF! Ut AKMUJlI ANU Ut ARM HAut u[
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
Christine M. Wallace,
Plaintiff
COPY
V. 99-3892 CIVIL TERM
Cr)
1 Richard M. Wallace, : n
Defendant IN DIVORCE r±`
z , :A,
SEPAReTiON Nn PRrIPFRTV
ETTL MFNT Af'RFFTvtFNT
This Agreement made thisi
ZjAay of 2000 by and s'
between Christine M. Wallace, 50 Village Court, Mec 'csburg, Cumberland County,
Pennsylvania. party of the first part, hereinafter referr to as "Wife' and Richard M.
Wallace, 112 N. 34th Street, Camp Hill, Cumberland County, Pennsylvania, party of the
second part, hereinafter referred to as "Husband".
WITNESSETH;
WHEREAS, Husband and Wife were married on October 24, 1980 in Cumberland
County, Pennsylvania; and
WHEREAS, there are two minor children of this marriage, Daniel Wallace, bom
November 11, 1987 and Jeremy Wallace, born October 3, 1989; and
WHEREAS, Husband and Wife are residents of the Commonwealth of
Pennsylvania, and have been so for at least the past six months; and
WHEREAS, this Court has competent jurisdiction in the above-captioned divorce
action by virtue of the parties' domicile; and
WHEREAS, certain differences have arisen between the parties hereto and as a
consequence, they have lived separate and apart since September 30, 1998; and
WHEREAS, Husband and Wife desire to settle and determine certain of their
marital rights and obligations, and make an equitable distribution of their marital property,
determine their rights to alimony, support and other matters which may be considered
under the Divorce Code; and
WHEREAS, it is the intention and purpose of this Agreement to set forth the
respective rights and duties of the parties while they continue to live apart from each other
and to settle all financial and property rights between them; and
WHEREAS, the parties have mutually entered into an agreement for the division
of their jointly owned assets, the provision for the liabilities they owe, and the provision
for the resolution of their mutual differences, after both have had full and ample
opportunity to consult with attorneys of their respective choice, the parties now wish to
have that agreement reduced to writing.
NOW THEREFORE, the parties hereto in consideration of the mutually made and
to be kept promises set forth hereinafter and for other good and valuable consideration,
and intending to be legally bound and to legally bind their heirs, successors, assigns and
personal representatives, do hereby covenant, promise and agree as follows:
ARTICLE I
SEPARATION
It shall be lawful for Husband and Wife at all times hereafter to live separate and
apart from each other and to reside from time to time at such place or places as they shall
respectively deem fit, free from control, restraint, or interference, direct or indirect, by
each other. Neither party shall molest the other or compel the other to cohabit or dwell
with him or her by any legal or other proceedings. The foregoing provisions shall not be
taken to be an admission on the part of either Husband or Wife of the lawfulness of the
causes leading to them living separate and apart.
ARTICLE II
2.1
This agreement is not predicated on divorce. It is specifically understood and
agreed by and between the parties hereto and each of the said parties does hereby warrant
and represent to the other that the execution and delivery of this Agreement is not
predicated upon nor made subject to any agreement for institution, prosecution, defense,
or for the non-prosecution or non-defense of any action for divorce, provided, however,
that nothing contained in this Agreement shall prevent or preclude either of the parties
hereto from commencing, instituting or prosecuting any action or actions for divorce,
whether absolute or otherwise, upon just, legal and property ground, nor to prevent either
party from defending such action which has been, may be or shall be instituted by the other
party, or from making arty just or property defense thereto. It is warranted, covenanted,
and represented by Husband and Wife, each to the other that this Agreement is lawful and
enforceable and this warranty, covenant and representation is made for the specific
purpose of inducing Husband and Wife to execute the Agreement. Husband and Wife
each knowingly and understandingly hereby waive any and all possible claims that this
Agreement is, for any reason, illegal or unenforceable in whole or in party. Husband and
Wife do each hereby warrant, covenant and agree that, in any possible event, be and she
are and shall forever be estopped from asserting any illegality or unenforceability as to all
or any part of this Agreement.
2.2
The parties acknowledge that a Divorce action has been filed in the Court of
Common Pleas of Cumberland County, Pennsylvania, at 99-3892 Civil Term. The parties
agree that their marriage is irretrievably broken and that it shall be dissolved pursuant to
§3301(c) of the Pa. Divorce Code. The parties dull sign Affidavits of Consent and
Waivers of Notice and deliver them to wife's counsel within 20 days of the execution date
of this Agreement.
2.3
It is further specifically understood and agreed that the provisions of this
each reement relating to the equitable distribution of property of the parties are accepted by
Ag
pary as a final settlement for all purposes whatsoever. Should either of the parties
obtain a decree, judgment or order of separation of divorce in any other state, county, or
jurisdiction, each of the parties to this Agreement hereby consents and agrees that this
Agreement and all its covenants shell not be affected in any way by any such separation
and divorce, and that nothing in any such decree, judgment, order, or further modification
or revision thereof shall alter, amend, or vary any term of this Agreement, whether or not
either or both of the patties should remarry, it being understood by and between the
parties that this Agreement shall survive and shall not be merged into any decree,
judgment, or order of divorce or separation.
2.4
It is specifically agreed that a copy of this Agreement shall be incorporated by
reference into any divorce, judgment or decree if or whenever sought by either of the
parties hereto, such incorporation, however, shall not be regarded as a merger, it being the
intent of the parties to permit this Agreement to survive any such judgment or decree.
ARTICLE III
EOMADL•E D . IMMON OF MART t L Ot+R
3.1
The parties have attempted to divide their marital property in a manner that
conforms to the criteria set forth in Section 3502 of the Pennsylvania Divorce Code and
taking into account the following considerations: the length of the marriage, the prior
marriages of the parties, the age, health, station, amount and sources of income,
vocational skills, employability, estate, liabilities, and needs for each of the parties, the
contribution of one party to education, training, or increased earning power of the other
party, the opportunity of each party for future acquisition of capital assets and income, the
sources of income of both parties, including but not limited to medical, retirement,
insurance or other benefits, the contribution or dissipation of each party in the acquisition,
preservation, depreciation, or appreciation of marital property, including the contribution
of a party as a homemaker, the value of the property set apart to each party, the standard
of living of the parties established during their marriage, the economic circumstances of
each party, including federal, state, and local tax ramifications, at the time of the division
of the property is to become effective.
3.2
The division of existing marital property is not intended by the parties to constitute
in any way a sale or exchange of assets. The division of property under this Agreement
shall be in fhll satisfaction of all rights of equitable distribution of the parties.
3.3
Tayeibie Personal property Within ten (10) days of the execution date of this
Agreement, Wife shall obtain from the marital residence 2 cherry tables, the cradle, and
the antique dresser in the nursery. With the exception of the foregoing items, Husband
and Wife agree that they have divided their household and tangible personal property to
their mutual satisfaction. Husband waives all right, title and interest in all tangible
personal property currently in the possession of Wife, and Wife waives an right, title and
interest in all tangible personal properly currently in the possession of Husband, with the
exception of the Items listed in this provision.
3.4
Motor YSW o. The parties agree that wife shall retain possession of and receive
as her sole and separate property the 1998 Chevrolet Malibu which she drives, along with
all rights under any insurance policy thereon. Wife shall assume total responsibility for
payment of any loans associated with the vehicle and all liens and encumberances thereon.
Husband shall sign any documents necessary to transfer title of the vehicle to Wife's sole
name within 15 days of the execution date of this Agreement.
The parties agree taht Husband shall retain possession of and receive as his sole
and separate property the 1995 Geo Prism which he drives, along with all rights under any
insurance policy thereon. Husband shall assume total responsibility for payment of any
loans associated with the vehicle and all liens and encumberances thereon. Wife shall sign
any documents necessary to transfer title of the vehicle to Husband's sole name within 15
days of the execution date of this Agreement.
3.3
EM§2nM=f is Husband and Wife hereby agree to forever waive any and all
claims against the other for any interest in their life insurance policies, pensions, retirement
benefits, disability benefits and/or vacation pay. Specifically, Wife waives all right, title
and interest in Husband's State Retirement Account with a balance as of December 31,
1999 of S29,165.34.
3.6
Other Assets. Wife shall retain as her sole and separate property, free from any
right, title, claim or interest of Husband, any and all bank accounts, credit union accounts,
insurance policies, and any other intangible personal property held by Wife on the date of
execution of this Agreement or acquired thereafter.
Husband shall retain as his sole and separate property, free from any right, title,
claim or interest of Wife, any and all bank accounts, credit union accounts, insurance
policies, and any other intangible personal property held by Husband on the date of
execution of this Agreement or acquired thereafter.
3.7
Miscellaneous Proper Any and all property not specifically addressed inihis
agreement shall be hereafter owned by the party to whom the property is titled, and if
untitled, the party in possession, subject to the provisions in paraWWh*.4
S 3W)
ARTICLE IV
REAL PROPERTY
Wife shall transfer all right title and interest in the marital home located at 112 N.
34th Street, Camp Hill, Cumberland County, Pennsylvania unto Husband and Husband
shall simultaneously refinance the remaining debt on the marital residence at his sole cost,
so that Wife shall no longer be obligated on such indebtedness and pay unto Wife the sum
of $35,000,00, representing Wife's equity in the home. The sum of $35,000.00 shall be
paid to Wife on or before June 6, 2000.
ARTICLE V
DEBTS OF THE PARTIES
5.1
Husband agrees to be solely responsible for, and indemnify and hold Wife harmless
from the following joint debts:
Household/GM Gold Card approximate balance • $14,816.00
Bon-Ton
Pier I
Montgomery Ward/MBGA
J.C. Penney
PSECU (automobile loan)
PSECU (personal loan)
PSECU (Visa)
Chase Bank Toys R Us
Chase Bank Bell Atlantic
Husband represents that there are no joint accounts, in addition to those listed
above on which Wife is liable or listed as ajoint debtor. The aforementioned joint
accounts shall be closed within 5 days of the execution date of this Agreement.
The mortgage secured by the marital home shall be refinanced as set forth in
Article V herein. The loan secured by the 1999 Chevrolet Malibu shall be placed in Wife's
name or refinanced as set forth in Paragraph 3.5 herein.
5.2
The parties agree that the distribution of debt as provided in this Agreement is fair
and equitable and that neither party shall be responsible now or in the Awe for the debts
assumed by the other party. Unless otherwise provided in this Agreement, each party
assumes the debt, encumbrances, taxes and liens on all the property each will hold
subsequent to the date of this Agreement, and each party agrees to indemnify and hold
harmless the other party and her or his property from any claim or liability that the other
party will suffer or may be required to pay because of such debts, encumbrances or liens.
5.3
Liability Not Listed Each party represents and warrants to the other that she or
he has not incurred any debt, obligation or other liability, other than those described in this
Agreement, on which the other party is or may be liable. A liability not disclosed in this
Agreement shall be the sole responsibility of the party who has incurred or may hereafter
incur it, and such party agrees to pay it as the same shall become due, and to indemnify
and bold the other party and her or his property harmless from any and all such debts,
obligations and liabilities.
5.4
Indemnification of Wife if any claim, action or proceeding is hereafter initiated
seeking to hold Wife liable for the debts or obligations assumed by Husband under this
Agreement, Husband will, at his sole expense, defend Wife against any such claim, action
or proceeding, whether or not well-founded, and indemnify her and her property against
any damages or loss resulting therefrom, including, but not limited to, costs of court and
actual attorney's fees incurred by Wife in connection therewith.
9.5
Indemnification of Husband, If any claim, action or proceeding is hereafter
initiated seeking to hold Husband liable for the debts or obligations assumed by Wife
under this Agreement, Wife will, at her sole expense, defend Husband against any such
claim, action or proceeding, whether or not well-founded, and indemnify him and his
property against any damages or loss resulting therefrom, including, but not limited to,
costs of court and actual attorney's fees incurred by Husband in connection therewith.
ARTICLE VI
ALIMONY AND SUPPORT
6.1
Husband and Wife hereby waive any and all right to receive payments on account
of spousal support, maintenance, Alimony Pendente Lite, Alimony, counsel fees or costs
or any other payments of a similar nature to which he or she, in the absence of this
Agreement, might be entitled by statute including rights arising pursuant to the Divorce
Code of 1980 as amended, or similar law of any jurisdiction which may be applicable now
or at any finum time.
ARTICLE VII
CHILD CUSTODY
The parties shall share legal custody of their two minor children, Daniel Wallace
and Jeremy Wallace.
Wife shall have primary physical custody of the subject minor children subject to
Husband's visitation tights which shall consist of one overnight each weekend with the
specific days and times to be agreed upon by the parties.
The parties shall share physical custody of the children on holidays as the parties
Both Husband and Wife shall be entitled to an extended period or periods of
custody of the minor children during the summer vacation as the parties agree.
The parties agree to sign a separate Custody Stipulation containing the provisions
of this section and have the Stipulation entered as a Court Order.
ARTICLE VIII
MISCELLANEOUS PROVISIONS
8.1
Advice of Counsel The provisions of this Agreement and their legal effect are
fully understood by the parties. The parties understand their legal rights and obligations.
Husband has been represented in this matter by Keith B. DeArmond, Esq., of Camp Hill,
Pennsylvania. With has been represented in this matter and by Dawn S. Sunday, Esq. of
Mechanicsburg, Pennsylvania.
The parties acknowledge and accept that this Agreement is, in the circumstances,
fair and equitable, that it is being entered into freely and voluntarily, after having received
such advice and with such knowledge 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.
8,2
o + M Fees. The parties agree that they will each be responsible for their
respective costs and attorney fees associated with this action.
8.3
Mutual Re1=. Husband and Wife each do hereby mutually remise, release,
quitclaim, and forever discharge the other and the estate of such other, for all times to
come and for all purposes whatsoever, of and from any and all rights, title, and interest, or
claims in or against the property (including income and gain from property hereafter
accruing) of the other or against the estate of such other, or whatever nature and
wheresoever situate, which he or she now has or at any time hereafter against such other,
the estate of such other, or any part thereof, whether arising out of any former acts,
eontntets, engagements, or liability of such other as by way 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
estate, whether arising under the laws of (a) Pennsylvania, (b) any state, commonwealth or
territory of the United States, or (c) any country, or any rights which either party may
have or at any time hereafter have for past, present, or future support or maintenance,
alimony, alimony pendeme lite, counsel fees, costs or expenses, whether arising as a result
of the marital relation or otherwise, 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 thereof. It is the intention of Husband and Wife to give each other by
execution of this Agreement a full, complete, and general release with respect to any and
all property of any kind or nature, real or personal, or mixed, which the other now owns
or may hereafter acquire, except and only except, all tights and agreements and obligations
of whatsoever nature arising or which may arise under this Agreement or for the breach of
any thereof.
8,4
Release of Testememarv Claims, Except as provided for in this Agreement, each
of the parties hereto shall have the rights to dispose of his or her property by Last Will and
Testament, or otherwise, and each of them agrees that the estate of the other, whether
real, personal or mixed, shall be and belong to the person or persons who would have
become entitled hereto as if the descendant had been the last to die. This provision is
intended to constitute a mutual waiver by the parties of any rights to take against each
other's last Will under the present or future laws of any jurisdiction whatsoever and is
intended to confer third party beneficiary rights upon the other heirs and beneficiaries of
each other party hereto. Either party, may, however, snake such provisions for the other
as he or she may desire in and by his or her Last Will and Testament. Each of the parties
further covenants and agrees that he or she will permit any Will of the other to be
probated and allow administration upon his or her personal, real, or mixed estate and
effects to be taken out by the person or persons who would have been entitled to do so
had Husband or Wife died during the lifetime of the other and that neither Husband nor
Wife will claim against or contest the Will and the estate oaf the other. Each of the parties
hereby releases, relinquishes and waives any and all rights to act as executor or executrix
or administrator or administratix of the other party's estate. Each of the parties hereto
further covenants and agrees for himself and herself and his or her heirs, executors,
administrators and assigns, that he or she will never at any time hereafter sue the other
party or his or her heirs, executors, administrators, or assigns, for the purpose of enforcing
any of the rights relinquished under this Paragraph.
e.9
}unties. Each perry represents that he or she has not heretofore incurred or
contracted for any debt or liability or obligations for which the estate of the other party
may be responsible or liable, except as may be provided for in this Agreement, Each party
agrees to indemnify or hold the other party harmless from and against any and all such
debts, liabilities, or obligations of each of them, including those for necessities, except for
the obligations arising out of this Agreement. Husband and Wife each warrants,
covenants, represents, and egrees that each will, now and at all times hereafter, save
harmless and keep the other indemnified from all debts, charges, and liabilities incurred by
the other party after the execution date of this Agreement, except as is otherwise
specifically provided for by the terms of this Agreement and that neither of them hereafter
incur any liability whatsoever for which the estate of the other may be liable, From the
date of execution of this Agreement, each party shall use only those credit cards and
accounts for which that party is individually liable.
9.6
No waiver or modification of any of the terms of this Agreement shall be valid
unless in writing and signed by both parties and no waiver of any breach hereof or default
hereunder shall be deemed a waiver of any subsequent default of the same nature.
9.7
Husband and Wife covenant and agree that they will forthwith execute any and all
written instruments, assignments, releases, satisfactions, deeds, notes or such other
writings as may be necessary or desirable for the property implementation of this
become entitled hereto as if the descendant had been the last to die. This provision is
intended to constitute a mutual waiver by the parties of any rights to take against each
other's last Will under the present or future laws of any jurisdiction whatsoever and is
intended to confer third party beneficiary rights upon the other heirs and beneficiaries of
each other party hereto. Either party, may, however, make such provisions for the other
as he or she may desire in and by his or her Last Will and Testament. Each of the parties
further covenants and agrees that he or she will permit any Will of the other to be
probated and allow administration upon his or her personal, real, or mixed estate and
effects to be taken out by the person or persons who would have been entitled to do so
had Husband or Wife died during the lifetime of the other and that neither Husband nor
Wife will claim against or contest the Will and the estate oaf the other. Each of the parties
hereby releases, relinquishes and waives any and all rights to act as executor or executrix
or administrator or administratix of the other party's estate. Each of the parties hereto
further covenants and agrees for himself and herself and his or her heirs, executors,
administrators and assigns, that he or she will never at any time hereafter sue the other
party or his or her heirs, executors, administrators, or assigns, for the purpose of enforcing
any of the rights relinquished under this Paragraph.
e.5
AKUWlics. Each party represents that he or she has not heretofore incurred or
contracted for any debt or liability or obligations for which the estate of the other party
may be responsible or liable, except as may be provided for in this Agreement. Each party
agrees to indemnify or hold the other party harmless from and against any and all such
debts, liabilities, or obligations of each of them, including those for necessities, except for
the obligations arising out of this Agreement, Husband and Wife each warrants,
covenants, represents, and agrees that each will, now and at all times hereafter, save
harmless and keep the other indemnified from all debts, charges, and liabilities incurred by
the other party after the execution date of this Agreement, except as is otherwise
specifically provided for by the terms of this Agreement and that neither of them hereafter
incur any liability whatsoever for which the estate of the other may be liable. From the
date of execution of this Agreement, each party shall use only those credit cards and
accounts for which that party is individually liable.
8.6
No waiver or modification of any of the terms of this Agreement shall be valid
unless in writing and signed by both parties and no waiver of any breach hereof or default
hereunder shall be deemed a waiver of any subsequent default of the same nature.
9.7
Husband and Wife covenant and agree that they will forthwith execute any and all
written instruments, assigtunents, releases, satisfactions, deeds, notes or such other
writings as may be necessary or desirable for the property implementation of this
Agreement, and as their respective counsel shall mutually agree should be aw executed in
order to carry fully and effectively the terms of this agreement.
Each party will keep and preserve for a period of four (4) years from the date of
their divorce decree all financial records relating to the marital estate, and each party will
allow the other party access to the records in the event of tax audits.
Txxes• Wife and Husband warrant that they have paid all taxes on prior jointly
filed returns including the calendar year ending December 31, 1998; that they do not owe
any interest or penalties thereon; and that no tax deficiency proceeding or audit is pending
or notice thereof received, Husband shall give Wife notice of any deficiency assessment
and Wife shall give Husband notice of any deficiency assessment of which they
individually ogooilectively become aware, The parties agree that should it ultimately be
determined that any deficiency and/or penalty exists with respect to any jointly filed
returns, the patty responsible for the erroneous preparation and/or, non-disclosure or
erroneous disclosure of information which has resulted in the deficiency and/or penalty,
shall be solely responsible for the payment of the amount ultimately determined to be due,
together with interest, as well as expenses that may be incurred to contest the assessment.
8.8
This Agreement shall be construed in accordance with the laws of the
Commonwealth of Pennsylvania which are in effect as of the date of the execution of this
Ague n=.
8.9
This Agreement shall be binding and shall inure to the benefit of the parties hereto
and their respective heirs, executors, administrators, successors, and assigns.
8.10
This Agreement constitutes the entire understanding of the parties and supersedes
any and all prior agreements and negotiations between them. There are no representations
or warranties other than those expressly set forth herein.
8.11
Seversbili . If any term, condition, clause, section, 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, section, 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, Likewise, the failure of any party to meet his or her
obligation under any or more of the articles and section shall in no way void or alter the
remaining obligations of the parties.
8.12
It is specifically understood and agreed that this Agreement constitutes an
equitable distribution of property, both real and personal, which was legall y and
beneficially acquired by Husband and Wife, or either of them during the marriage as
contemplated by the Divorce Code of the Commonwealth of Pennsylvania.
8.13
Disclosure. The parties warrant that they have give a hill, complete and accurate
disclosure of all assets, of any nature, whether or not the assets were held jointly or in one
name alone. The remedies available to either party for breach or violation of this provision
shall be those remedies available pursuant to law and equity including the right to punitive
and compensatory damages.
8.14
Eaforceehltity Conaaderation, This Agreement shall survive any action for
divorce and decree of divorce and shall forever be binding and conchudve on the parties,
and any independent action may be brought, either at law or in equity, to enforce the terms
of the Agreement by either Husband or Wife until it shall have been hilly satisfied and
performed. The consideration for this contract and agreement is the mutual benefits to be
obtained by both of the parties hereto and the covenants and agreements of each of the
parties of the other. The adequacy of the consideration for all agreements herein
contained and stipulated is confessed and admitted by the parties, and the parties intend to
be legally bound hereby. In the event either party breaches the aforesaid Agreement and it
is determined through appropriate legal action that the alleged party has so breached the
agreement the breaching party shall be responsible for any and all attorneys' fees as well as
costs and expenses associated with litigation actually incurred by the non-breaching party
to enforce this Agreement against the breaching party.
8.15
Date of Execution The "date of execution" or "execution date" of this Agreement
shall be defined as the date upon which the parties signed the Agreement if they do so on
the same date, or if not on the same date, then the date on which the Agreement was
signed by the last party to execute this Agreement. This Agreement shall become effective
and binding upon both parties on the execution date.
f
Christine M. Wallace (date) char^ Wall ce - rG DJ
( ate)
Dated;
Swom and subscribed to before me
this day of_ 2000.
RZ PubUc
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF CUMBERLAND
ss.
BEFORE ME, the undersigned authority, on this day personally appeared
RICHARD M. PALLACE, known to me to be the person who executed the foregoing
instrument, and who acknowledged to me that he executed same for the
purposes and consideration therein expressed. ?'
GIYM UNDER MY HAND AND SEAL OF OFFICE this Q?lXl l day of
2000. ,., ••.
rf¢R? ??•,.
Notary ]dc Jiro and for the -; . • >`+"1'S:..'
Common It of Pennsylvania.
Typed or printed name of Notary: ( -;
Notarial seal , ;••?
-c mem.NOlaryPWlic
Mechanicsbunil BO'O, um ar .•?•,J •.....• My Commissinn Expires May 18. 2002 ,?•. '?L ?yj y
Member, Pennsylvania AssoclaGOn of NOtanes
COMMONWEALTH OF PENNSYLVANIA
ss.
COUNTY OF CUMBERLAND
BEFORE ME, the undersigned authority, on this day personally appeared
CHRIST1NR M. fALLAC?, known to me to be the person who executed the
foregoing instrument, and who acknowledged to me that she executed same for
the purposes and consideration therein expressed.
K? UNDER MY HAND AND SEAL OF OFFICE this day of
A 0"I' , 2000.
'of Pennsylvania
Y. Guamem, Notary Pudic
Member. Pennsylvania Association or Notaries
CHRISTINE M. WALLACE, : IN THE COURT OF COMMON PLEAS OF
Plaintiff : CUMBERLAND COUNT, PENNSYLVANIA
VS. 99-3892 CIVIL TERM
RICHARD M. WALLACE,
Defendant IN DIVORCE
PRAECIPE TO TRANSMIT RECORD
To the Prothonotary:
Please Transmit the record, together with the following information to
the Court for entry of a Divorce Decree:
1. Ground for divorce: Irretrievable breakdown under §3301(c).
2. Date and manner of service of the complaint: Acceptance of
Service signed by Defendant on July 1, 1999.
3. Date of execution of the Affidavit of Consent required by §3301(c)
of the Divorce Code: by Plaintiff July 17, 2000; by Defendant September
15, 2000.
4. Related claims pending: None. All claims resolved by Marital
Settlement Agreement dated May 31, 2000.
5. Date Plaintiff's Waiver of Notice in §3301(c) Divorce was filed
with the Prothonotary: July 26, 2000
Date Defendant's Waiver of Notice in §3301(c) Divorce was filed
with the Prothonotary: Enclosed for filing, signed on September 15, 2000.
Attorney for Plaintiff
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CHRISTINE M. WALLACE,
Plaintiff
VS.
RICHARD M. WALLACE,
Defendant
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
99-31MI CIVIL TERM
IN DIVORCE
NOTICE TO DEFEND AND CLAIM RIGHTS
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:
CL]MBERLAND COUNTY COURT HOUSE, CARLISLE, PENNSYLVANIA 17013.
IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY, LAWYER'S
FEES OR EXPENSES BEFORE A 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, PENNSYLVANIA 17013
TELEPHONE: (717) 249-3166
TOLL FREE: 1-800-990-9108
CHRISTINE M. WALLACE,
Plaintiff
VS.
RICHARD M. WALLACE,
Defendant
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
99- 3P9,1- CIVIL TERM
IN DIVORCE
CYIMPr.ATWP
Plaintiff, Christine M. Wallace, by her attorney, Dawn S. Sunday,
Esquire, files this Complaint for Divorce and Child Custody and in support
thereof, states the following:
1. Plaintiff is Christine M. Wallace, who currently resides at 50
Village Court, Mechanicsburg, Cumberland County, Pennsylvania.
2. Defendant is Richard M. Wallace, who currently resides at 112 N.
34th Street, Camp Hill, Cumberland County, Pennsylvania.
3. Plaintiff and Defendant have been bona fide residents of the
Commonwealth for at least six months immediately preceding the filing of
this Complaint.
4. Plaintiff and Defendant were married on October 24, 1980 in
Cumberland County, Pennsylvania.
5. There have been no prior actions for divorce or for annulment
between the parties.
6. Plaintiff has been advised that counseling is available and that
Plaintiff may have the right to request that the Court require the parties
to participate in counseling.
COUNT I - DIVORCE
7. The averments of paragraphs 1 through 6 are incorporated herein by
reference.
8. Plaintiff avers, as the grounds upon which this action is based,
that the parties have been separated since September 30, 1998 and the
marriage between the parties is irretrievably broken.
9. Plaintiff requests that the Court enter a Decree of Divorce under
Section 3301(c) or 3301(d) of the Pa. Divorce Code.
COUNT II - CHILD CUSTODY
10. The averments of paragraphs 1 through 6 are incorporated herein by
reference.
11. Plaintiff seeks shared legal and primary physical custody of the
following Children:
Daniel Wallace, born November 11, 1987
Jeremy Wallace, born October 3, 1989
12. The Children were not born out of wedlock.
13. The Children are presently in the primary custody of Plaintiff who
resides at 50 Village Court, Mechanicsburg, PA.
14. During the past 5 years the Children have resided with the
following persons at the following addresses:
Christine M. Wallace and 112 N. 34th Street 6/94-10/98
Richard M. Wallace Camp Hill, PA
Christine M. Wallace 50 Village Court 10/98-present
Mechanicsburg, PA
Richard M. Wallace 112 N. 34th Street 10/98-present
Camp Hill, PA
15. The Mother of the Children is Christine M. Wallace, currently
residing at 50 Village Court, Mechanicsburg, PA. She is married.
16. The Father of the Children is Richard M. Wallace, currently
residing at 112 N. 34th Street, Camp Hill, PA. He is married.
17. The relationship of Plaintiff to the Children is that of
biological mother. Plaintiff currently resides with the Children, Daniel
and Jeremy Wallace.
18. The relationship of Defendant to the Children is that of
biological father. The Defendant currently resides alone, except when he
has custody of the Children, Daniel and Jeremy Wallace.
19. Plaintiff has not participated as a party or witness, or in
another capacity, in other litigation concerning custody of the Children in
this or another Court.
20. Plaintiff has no information of a custody proceeding concerning
the Children pending in a Court of this Commonwealth.
21. Plaintiff does not know of a person not a party to the
proceedings, who has physical custody of the Children or claims to have
custody or visitation rights with respect to the Children.
22. The best interests and permanent welfare of the Children will be
served by granting the relief requested because the parties have been able
to amicably make informal and flexible arrangements between themselves for
custody of the Children to date and Plaintiff wishes to have similar
arrangements incorporated into a Court order for increased predictability
for the Children and protection of the parties.
23. Each parent whose parental rights to the Children have not been
terminated and the person who has physical custody of the Childen have been
named as parties to this action.
WHEREFORE, Plaintiff requests that the Court grant her primary physical
custody of the Children and grant Defendant liberal partial physical
custody of the Children.
Respectfully Submitted,
Dawn S. Sunday, Esquire
Attorney for Plaintiff
ID #41954
39 West Main Street - Ste. #1
Mechanicsburg, PA 17055-6230
(717) 766-9622
VERMCATICN
I verify that the statements made in this Complaint are true and
correct. I understand that false statements herein are made subject to the
penalties of 18 Pa. C.S. §4904, relating to unworn falsification to
authorities.
Date Christine M. Wallace, Plaintiff
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CHRISTINE M. WALLACE,
Plaintiff
Va.
RICHARD M. WALLACE,
Defendant
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
99- 3892 CIVIL TERM
IN DIVORCE
ACCEPTANCE OF SERVICE
I accept service of the Divorce Complaint.
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Date Richard M. W
112 N. 34th Str
Camp Hill, PA 1
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CHRISTINE M. WALLACE, : IN THE COURT OF COMMON PLEAS OF
Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA
VS. : 99-3892 CIVIL TERM
RICHARD M. WALLACE,
Defendant IN DIVORCE
AFFIDAVIT OF co wNT
1. A Complaint in Divorce under §3301(c) of the Divorce code was
filed on June 25, 1999 and served on July 1, 1999.
2. The marriage of Plaintiff and Defendant is irretrievably
broken and ninety days have elapsed from the date of 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 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.
I verify that the statements made in the 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 unworn falsification to
authorities.
Date CHRISTINE M. WALLACE, Plaintiff
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CHRISTINE M. WALLACE,
Plaintiff
VS.
RICHARD M. WALLACE,
Defendant
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
99-3892 CIVIL TERM
IN DIVORCE
WAIVER OF NOTICE OF INTENTION TO REQUEST
ENTRY OF A DIVORCE DECREE EIM
§3301(c) OF THE DIVORCE OODE
1. I consent to the entry of a final decree of divorce without
rotice.
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. §4904 relating to unsworn falsification to
authorities. Oo
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Date I l CHRISTINE M. WALLACE, Plaintiff
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CHRISTINE M. WALLACEr : IN THE COURT OF OOMMON PLEAS OF
Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA
VS. 99-3892 CIVIL TERM
RICHARD M. WALLACE,
Defendant IN DIVORCE
AFFIDAVIT OF CONSEZU
1. A Complaint in Divorce under §3301(c) of the Divorce Code was
filed on June 25, 1999 and served on July 1, 1999.
2. The marriage of Plaintiff and Defendant is irretrievably
broken and ninety days have elapsed from the date of 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 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.
I verify that the statements made in the 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 unworn falsification to
authorities.
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CHRISTINE M. WALLACE,
Plaintiff
VS.
RICHARD M. WALLACE,
Defendant
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
99-3892 CIVIL TERM
IN DIVORCE
WAIVER OF NOTICE OF INMNTICN TO REQUEST
ENTRY OF A DIVORCE DECREE UNDER
§3301(c) OF THE DIVORCE CODE
1. I consent to the entry of a final decree of 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. §4904 relating to unworn falsio?ation to
authorities. ?-
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Date RICHARD . ALLA(
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