HomeMy WebLinkAbout99-04800?Y
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IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY
z STATE OF PENNA.
I ?rP'f J,. MICHAEL DAKAN,
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LO...99-48oo Civil Term
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........... NANCY M. DAKAN,
t? _ _ .. ... ..........Defendant
DECREE I N
DI VORCE
AND NOW .?'L ?y r.T `: ?la rM .
decreed that .. • • .. ji.MICHAEL DAKAN . it is ordered and
......, plaintiff,
and .............. NANCX. M... P ....... .
i?w ............................. defendant,
are divorced from the bonds of matrimony. It is further ordered that
the terms of the marital settlement Agreement dated October 27, 1999 are
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he coti let atns iu?tsc?ic ionrgo` t iejoWois dog ccCatms which have
been raised of record in this action for which a final order has not yet '
been entered;
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By Th rt
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Attest:
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Prothonotary ..
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MARITAL SETTLEMENT AGREEMENT
THIS AGREEMENT, made this A 7`, day of ?P lhlu/`? ,
1999 between NANCY M. DAKAN, hereinafter referred to as (WIFE) and
J. MICHAEL DAKAN (hereinafter referred to as HUSBAND).
WHEREAS, Husband and wife were lawfully married on July 8,
1978, in Northampton County, Pennsylvania; and
WHEREAS, two (2) children were born of this marriage: Amanda
M. Dakan, born October 16, 1980, and Adrianne L. Dakan, born May
14, 1982.
WHEREAS, disputes and difficulties have arisen between the
parties, and it is the present intention of Husband and Wife to
live separate and apart, and the parties hereto are desirous of
settling their respective financial and property rights and
obligations as between each other, including without limitation by
specification: the settling of all matters between them relating
to the past, present, and future support and/or maintenance of Wife
by Husband or Husband by Wife; the settling of all matters between
them relating to the equitable division of marital property; and,
in general, the settling of any and all claims and possible claims
by one against the other or against their respective estates; and
WHEREAS, Husband and Wife declare that each has had a full and
fair opportunity to obtain independent legal advice of counsel of
his or her selection; that Husband has been represented by Linda A.
Clotfelter, Esquire and that Wife has been informed that she has
the right to independent legal counsel, but she had chosen not to
be represented in this action. The parties represent and warrant
that they have fully disclosed to each other all assets of any
nature owned by each, all debts or obligations for which the other
party may be liable in whole or part, and all sources and amounts
of income. The parties acknowledge that they fully understand the
facts, and they acknowledge and accept that this Agreement, is,
under the circumstances, fair and equitable, and that it is being
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entered into freely and voluntarily, with such knowledge and that
execution of this Agreement is not the result of any duress or
undue influence and that it is not the result of any improper or
illegal agreement or agreements.
NOW THEREFORE, in consideration of the premises and of the
mutual promises, covenants and undertakings hereinafter set forth
and for other good and valuable consideration, receipt of which is
hereby acknowledged by each of the parties hereto, Husband and
Wife, each intending to be legally bound hereby, covenant and agree
as follows:
1. PERSONAL RIGHTS. It shall be lawful for each Husband and
Wife at all times hereafter to live separate and apart from the
other party at such place as he or she may from time to time choose
or deem fit. The parties shall be free from any control,
restraint, interference or authority, direct or indirect, by the
other in all respects as fully as if they were unmarried, except as
may be necessary to carry out the provisions of this Agreement.
Husband and Wife shall not molest, harass, disturb or malign each
other or the respective families of each other nor compel or
attempt to compel the other to cohabit or dwell by any means in any
manner whatsoever with him or her. The foregoing provision shall
not be taken as an admission on the part of either party of the
lawfulness or unlawfulness of the causes leading to their living
apart.
2. MUTUAL RELEASE. Husband and Wife each do hereby mutually
remise, release, quitclaim and forever discharge the other, for all
time to come, and for all purposes whatsoever, of and from any and
all rights, titles and interests, or claims in or against the
property (including income and gains from property hereinafter
accruing) of the other or against the estate of such other, of
whatever nature and wheresoever situate, which he or she now has or
at any time hereafter may have against such other, the estate of
such other or any part thereof, whether arising out of any former
act, contracts, engagements or liabilities of such other or by way
of dower or curtesy; or claims in the nature of dower or curtesy or
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widow's or widower's rights, family exception or similar allowance,
or under the intestate laws, or the right to take against the
spouse's will; or the right to treat a lifetime conveyance by the
other as testamentary, or all other rights of a surviving spouse to
participate in a deceased spouse's estate, whether arising under
the law of Pennsylvania, any state, commonwealth or territory of
the United States, or any other country, or the right to act as
personal representative of the estate of the other; or any rights
which any party may now have or any time hereafter have for past,
present, future support, maintenance, alimony, alimony pendente
lite, counsel fees, costs or expenses, whether arising as a result
of the marital relation or otherwise; except all rights and
agreements and obligations of whatsoever nature arising or which
may arise under this Agreement or for breach of any provision
hereof. It is the intention of Husband and Wife to give to each
other, by the execution of the Agreement, a full, complete and
general release with respect to any and all property of any kind or
nature, real, personal or mixed, which the other now owns or may
hereafter acquire, 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 provision hereof.
It is further specifically understood and agreed by and
between the parties hereto that each accepts the provisions herein
made by the other in lieu of and in full settlement and
satisfaction of any and all of their rights against the other or
any past, present and future claims on account of support and
maintenance; that it is specifically understood and agreed that the
payments, transfers and other considerations herein recited so
comprehend and discharge any and all such claims by each other
against the other, and are, inter alia, in full settlement and
satisfaction and in lieu of their past, present and future claims
against the other in account of maintenance and support, and also
alimony, alimony pendente lite, counsel fees, costs and expenses,
as well as any and all claims to equitable distribution of
property, both real and personal, and any other charge of any
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nature whatsoever pertaining to any divorce proceedings which may
have been or may be instituted in any court in the Commonwealth of
Pennsylvania or any other jurisdiction, including any other counsel
fees, costs and expenses incurred or to be charged by any counsel
arising in any manner whatsoever, except as may be incurred in
connection with a breach of the Agreement as set forth hereinafter
in paragraph 23.
3. RELEASE OF TESTAMENTARY CLAIMS. Except as provided for
in this Agreement, each of the parties hereto shall have the right
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 thereto as if the
decedent had been the last to die. Except as set forth herein,
this provision is intended to constitute a mutual waiver by the
parties of any rights to take against each other's estate
whatsoever, and is intended to confer third-party beneficiary
rights upon the other heirs and beneficiaries of each. Either
party may, however, make such provision for the other as he or she
may desire in an by his or her last will and testament; and each of
the parties further covenants and agrees that he or she will permit
any will of the other to be probated and allowed administration;
and that neither Husband nor Wife will claim against or contest the
will and estate of the other except as necessary to enforce any
breach by the decedent of any provision of this Agreement. Each of
the parties hereby releases, relinquishes and waives any and all
rights to act as personal representative 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 or assigns, for the purpose of enforcing any of the
rights relinquished under this Agreement.
4. FINANCIAL DISCLOSURE. The parties waive their rights to
require the filing of financial statements by the other, although
the parties have been advised that it is their legal right to have
these disclosures made prior to entering into this Agreement and by
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entering into this Agreement without reliance upon financial
disclosure, the parties are forever waiving their right to request
or use that as a basis to overturn this Agreement or any part
thereof.
5. INCOME TAX CONSIDERATIONS. The transfers of property
pursuant to this Agreement are transfers between Husband and Wife
incident to their divorce and as such are nontaxable, with no gain
or loss recognized. The transferee's basis in the property shall
be the adjusted basis of the transferor immediately before the
transfer. The transfers herein are an equal division of marital.
property for full and adequate consideration and as such will not
result in any gift tax liability.
6. PENSION, PROFIT-SHARING, RETIREMENT, CREDIT UNION OR
OTHER EMPLOYMENT-RELATED PLANS. The parties hereto expressly waive
and relinquish any right, claim, title or interest in any pension,
profit-sharing, retirement, credit union or other employment-
related plans in which the other has any interest by virtue of his
or her past or present employment, whether vested or unvested,
matured or unmatured, with the exception of Husband's 401(k)
through his employer, Schneider National and held by Norwest Bank
of Minnesota, which the parties agree to split equally after
Husband is given credit for the loan amount previously taken from
said account and utilized by both parties. The parties further
agree that each party shall bear the financial responsibility for
any taxes or penalty payments associated with that parties'
respective share of said account.
7. EQUITABLE DISTRIBUTION OF MARITAL PROPERTY. The parties
have attempted to distribute their marital property in a manner
which conforms to the criteria set forth in Section 3502 of the
Pennsylvania Divorce Code and taking into account the following
considerations: the length of marriage; the fact that it is the
first marriage for Husband and Wife; the age, health, station,
amount and sources of income, vocational skills, employability,
estate, liabilities and needs of each of the parties; the
contribution of each party to the education, training or increased
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earning power of the other party; the opportunity of each party for
further acquisitions 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 the marital property, including the
contribution of each spouse as a homemaker the value of the
property set apart to each party; the standard of living of the
parties established during the marriage; and the economic
circumstances of each party at the time the division of the
property is to become effective.
The division of existing marital property is not intended by
the parties to constitute in any way a sale or exchange of assets,
and the division is being effected without the introduction of
outside funds or other property not constituting marital property.
The division of property under this Agreement shall be in full
satisfaction of all marital rights of the parties.
A. MOTOR VEHICLES. The parties agree that they have
distributed the marital vehicles to their satisfaction and
have executed the titles to the said vehicles, if appropriate,
so as to effectuate the transfers. Furthermore, each party
shall become solely responsible for the financial obligation
associated with the vehicle(s) he or she is to retain pursuant
to this Agreement and each party agrees to indemnify and hold
harmless the other party from any and all liability therefor.
B. DIVISION OF HOUSEHOLD AND PERSONAL PROPERTY. The
parties hereto have divided between themselves, to their
mutual satisfaction, all items of tangible and intangible
marital property. Except as otherwise set forth hereinafter,
neither party shall make any claim to any such items of
marital property, or of the separate personal property of
either party, which are now in the possession and/or under the
control of the other. Should it become necessary, the parties
each agree to sign, upon request, any titles or documents
necessary to give effect to this paragraph. Property shall be
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deemed to be in the possession or under the control of either
party if, in the case of tangible personal property, it is
physically in the possession or control of the party at the
time of the signing of this Agreement, and in the case of
intangible personal property, if any physical or written
evidence of ownership, such as passbook, checkbook, policy or
certificate of insurance or other similar writing is in the
possession or control of the party. Anything to the contrary
contained herein notwithstanding, Husband and Wife shall be
deemed to be in the possession and control of any pension or
other employee benefit plans or other employee benefits of any
nature to which either party may have a vested or contingent
right or interest, apart from the provision of the Divorce
Code, at the time of the signing of this Agreement.
8. REAL ESTATE. The parties acknowledge that they are the
joint owners of the marital residence situate at 1653 Airport
Drive, Mechanicsburg, Cumberland County, Pennsylvania.
From the date of this Agreement, Wife shall retain the use of
the marital residence as her personal residence and shall assume as
her sole obligation all of the expenses incident to the use and
ownership of the said marital home, including, without limitation,
any and all mortgage payments, (specifically the existing mortgages
with Bank of America, loan number 0031027911 with an approximate
principal balance of $119,525.78, and second mortgage with Navy
Federal Credit Union, account number 595306-0 with an approximate
principal balance of $28,500.00), taxes, liability and fire
insurance, utilities, sewer, water, refuse collection, assessments,
proper maintenance, repairs, additions and improvements, and Wife
further covenants and agrees to indemnify and hold Husband harmless
from any such liabilities, obligations or expenses or any claims or
demands as a result thereof. The parties represent and warrant
that all such mortgage payments, taxes, insurance and other
expenses related to the marital residence are paid in full up to
and including the calendar month in which this Agreement is
executed. Any such expenses which are unpaid shall be paid by
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Wife, together with any applicable late charges within thirty (30)
days of the execution of this Agreement. The parties acknowledge
that Wife shall have the sole right to claim any available tax
deductions associated with the said residence for any time
subsequent to the date of execution of this Agreement.
The parties stipulate and agree that in light of the parties
mutual agreement for the manner of payment of child support,
Husband shall make the payment on the home equity loan (which shall
be designated as his child support payment) until such time as the
house is sold, or until the minor child attains majority, age
eighteen (18). It is acknowledged by the parties that wife is the
party financially responsible for the payment of the home equity
loan, and it is agreed that if an Order for child support is
attained by Wife, Husband shall no longer make the payment on the
home equity loan, and Wife shall be solely responsible therefor as
agreed upon herein, with Wife agreeing to indemnify and hold
Husband harmless from any and all liability therefor.
It is the intent of the parties to list the marital residence
for sale prior to July 1, 2000. It is hereby agreed by the parties
that both shall have equal involvement in the negotiation of any
and all documentation related in any way to the listing of the
marital residence for sale, the marketing of the marital residence
for sale, the marketing of the marital residence, and the actual
conveyance and/or sale of the marital residence. However, it is
within Husband's discretion to forego the execution of any listing
agreement and/or disclosure statement regarding the property since
Husband has not had possession of the property for a significant
period of time.
Furthermore, the parties hereby stipulate and agree that each
shall voluntarily execute without delay or objection any reasonable
documentation necessary for the listing of the marital residence
for sale, marketing, and sale of the marital residence. It is also
agreed that should Wife default in the payment of the first
mortgage, taxes, and/or insurance for the marital residence, then
the marital residence shall be listed for sale within seven (7)
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days of said default in payment, and shall remain listed for sale
and sold regardless of any reinstatement and/or correction of any
defaulted mortgage, tax or insurance payment.
Husband may, in his discretion, pay any liabilities related to
the marital residence that are not timely paid by Wife, but Husband
is not required to do so. If Husband makes any payments whatsoever
related to the marital residence subsequent to the date of this
Agreement made by Husband due to Wife's failure to pay same,
Husband shall be reimbursed for all such payments at the time of
the real estate settlement of the marital residence.
The parties agree that both mortgages shall be paid in full at
the time that the marital residence is sold and that any and
expenses customarily incurred by a seller of real estate shall also
be paid in full at that time.
It is further agreed by the parties that any proceeds from the
sale of the marital residence shall be the sole possession of wife,
with the exception of reimbursements to Husband described herein.
It is also stipulated and agreed by the parties that any
loss realized at the time of the sale of the marital residence
shall be shared equally by the parties, with the exception of any
loss due to nonpayment of liabilities and expenses associated with
the marital residence that is the responsibility of a specific
party as designated in this Agreement. If a party does not make
payments as designated in this Agreement, the party that fails to
make the payments as designated herein shall be solely responsible
for said payments and any loss realized due to same and that party
shall forever hold the other party harmless from same.
9. DEBTS. Husband represents and warrants to Wife that
since the separation he has not, and in the future he will not
contract or incur any debt or liability for which Wife or her
estate might be responsible, and he shall indemnify and save Wife
harmless from any and all claims or demands made against her by
reason of such debt or obligation incurred by him since the date of
said separation, except as otherwise set forth herein.
Wife represents and warrants to Husband that since the
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separation she has not, and in the future she 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 or demands made against him by reason of
such debts or obligations incurred by her since the date of said
separation, except as otherwise set forth herein.
The parties acknowledge that they have taken such steps as are
necessary to transfer ownership of their accounts and obligations
to each party's name solely, obtaining a full, complete and general
release of the other from the said creditors. In the event that
the creditors refuse for any reason to acknowledge the transfer the
charge accounts to one party's name absolutely and to release the
other from any liability thereon, such accounts shall be
immediately closed.
10. CHILD SUPPORT. Husband shall pay support for their
children the sum of $562.00 per month until the sale of the marital
residence. The parties agree that said payment shall not be made
as a direct payment to Wife, but in lieu thereof Husband shall pay
the second mortgage (equity loan) payment of $562.00 per month
until the marital residence is sold. At the time of the sale of
the marital residence, the parties agree that the sum to be paid by
Husband to Wife as child support shall be $2,500.00 per year, per
child. Child support shall continue until age 18 or age 23,
provided that the child is continuing his or her education.
The parties agree that Husband shall be entitled to claim any
appropriate tax dependency exemptions and tax credits for Amanda M.
Dakan, and Wife shall be entitled to claim any appropriate tax
dependency exemptions and tax credits for Adrianne L. Dakan.
11. MEDICAL INSURANCE. Husband shall pay the cost of the
medical insurance for the children of the parties until such time
as a final decree in divorce is entered. Wife shall be responsible
for payment of any cost necessary to continue maintenance of COBRA
coverage for the benefit of the children, or she shall be
responsible to provide alternate medical insurance coverage
equivalent to the policy in place at the time of execution of this
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Agreement. The obligations set forth herein shall continue until
such time as each child had graduated from college or has earlier
terminated her education.
The parties shall equally share all medical, dental,
prescription, eye care, orthodontic and counseling expenses for the
children which are not otherwise paid by medical insurance until
each child has graduated from college or has earlier terminated
her education.
12. COLLEGE EXPENSES. The parties each acknowledge herein
that it is their intent to contribute to the expenses associated
with the college or other post-high school education for their
children, to the extent that they are financially able at that
time. Such expenses would include, without limitation, tuition,
room and board, lab fees, miscellaneous student fees, books and
student supplies, transportation expenses for summers and other
school breaks, clothing and miscellaneous spending money. However,
the provisions herein acknowledging the parties intent, shall not
in any manner, confer third party beneficiary rights unto their
children for the payment of said expenses. If applicable, both
parents shall be involved in and have input into the choice of
academic institutions selected by the children. Further, the
children will be required to apply for and to use all possible
grants, scholarships and work-study programs and any of their own
income or assets before the parties are responsible to contribute
to their college expenses. The parties further acknowledge and
stipulate that Husband's payment to Wife of Child Support in the
sum of $2,500.00 per child per year shall constitute Husband's
contribution to the college or other post-high school education of
each child.
13. INCOME TAX INDEMNIFICATION. The parties acknowledge that
they have filed various joint state and federal income tax returns
during the course of their marriage. The parties represent and
warrant that all payments of taxes, penalties or interest shown as
due on the said joint returns have been paid in full. Each party
shall share equally any taxes, penalties, interest, counsel fees,
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auditors fees or accountant's fees which may hereafter be assessed
or incurred in connection with any of the joint tax returns
previously filed by the parties.
14. LIFE INSURANCE. Husband and Wife acknowledge their
desire and intent to provide a fund for the care, support,
education and maintenance of their children in the event of either
party's death. Accordingly, the parties shall maintain the current
life insurance policies under the same terms and conditions.
Ownership of the said insurance policies by each party shall be
subject to the following conditions:
a. Each party shall maintain the respective insurance
policies in full force and effect at all times, paying all
premiums thereon as due, and shall not borrow against, assign,
pledge or otherwise encumber the insurance, nor surrender it
to obtain its cash value; and
b. Each party shall immediately designate the other
party, for the benefit of the parties, children, as
irrevocable beneficiary of the said insurance.
15. COUNSEL FEES AND COSTS. Husband and wife each agree to
pay and be responsible for their own attorney's fees and costs
incurred with respect to the negotiation of this property
settlement agreement and the divorce proceedings related thereto.
16. ALIMONY, ALIMONY PENDENTE LITE, COUNSEL FEES AND
EXPENSES. Both parties accept the provisions of this Agreement in
lieu of and in full and final settlement and satisfaction of all
claims and demands that they may now or hereafter have against the
other for alimony, alimony pendente lite, counsel fees or expenses,
or for any other provisions for support and maintenance before,
during and after the commencement of any proceedings for the
divorce or annulment between the parties.
17. DIVORCE. A Complaint in Divorce has been filed to No.
99-4800 Civil in the Court of Common Pleas of Cumberland County,
Pennsylvania, and either party shall be free to proceed without
further delay to secure the divorce. Both parties shall sign an
affidavit evidencing their consent to the divorce, pursuant to
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Section 3301(c) of the Divorce Code. In the event, for whatever
reason, either party fails or refuses to execute such affidavit
upon the other party's timely request, that party shall indemnify,
defend and hold the other harmless from any and all additional
expenses, including actual counsel fees, resulting from any action
brought to compel the refusing party to consent. Each party hereby
agrees that a legal or equitable action may be brought to compel
him or her to execute a consent form and that, absent some breach
of this Agreement by the proceeding party, there shall be no
defense to such action asserted.
18• BANKRUPTCY. The parties further warrant that they have
not heretofore instituted any proceedings pursuant to the
bankruptcy laws nor are there any such proceedings pending with
respect to them which have been initiated by others. It is
stipulated and agreed by the parties that the terms of this
Agreement as they resolve the economic issues between the parties
incidental to their divorce and the obligations of the parties to
each other resulting therefrom shall not be dischargeable in
bankruptcy, should either party file for protection under the
Bankruptcy Code at any time after the date of execution of this
Agreement.
The payments called for in this Agreement are not intended to
be a debt which is affected by a discharge in bankruptcy and the
terms of this Agreement are not subject to discharge in bankruptcy
because the parties acknowledged that such are necessary for the
parties to meet their financial obligations and to support and
maintain their standard of living as well as that of the parties'
children. The parties acknowledge that there are no bankruptcy
proceedings presently pending and they agree not to file a
bankruptcy action prior to the completion of their respective
obligations pursuant to this Agreement. Furthermore, any debt
addressed in this Agreement shall not be discharged in a bankruptcy
action filed by or on behalf of one of the parties hereto. Also,
if either party files for bankruptcy, this Agreement shall
constitute conclusive evidence of the parties' intent that the
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obligations are in the nature of maintenance and support are not
dischargeable under current bankruptcy law or under any amendment
thereto. Further if either party institutes any action in
bankruptcy or any other bankruptcy proceeding is instituted in
which a party's right to have payments made by the other becomes a
matter for judicial review, the parties agree to consent to any
motion filed by the other with the bankruptcy court, wherein the
party may request that the bankruptcy courts abstain from deciding
the dischargeability of said obligation and any other obligations
to said party thereunder in order to allow the appropriate court of
common pleas to rule upon this issue.
19. RECONCILIATION. Notwithstanding a reconciliation between
the parties, this Agreement shall continue to remain in full force
and effect absent a writing signed by the parties stating that this
Agreement is null and void.
20. INCORPORATION IN FINAL DIVORCE DECREE. The terms of this
Agreement shall be incorporated but shall not merge in the final
divorce decree between the parties. The terms shall be
incorporated into the final divorce decree for the purposes of
enforcement only and any modification of the terms hereof shall be
valid only if made in writing and signed by both of the parties.
Any court having jurisdiction shall enforce the provision of this
Agreement as if it were a court order. This Agreement shall
survive in its entirety, resolving the spousal support, alimony,
equitable distribution and other interests and rights of the
parties under and pursuant to the Divorce Code of the Commonwealth
of Pennsylvania, and no court asked to enforce or interpret this
Agreement shall in any way change the terms of this Agreement.
This Agreement may be enforced independently of any support order,
divorce decree or judgment and its terms shall take precedence over
same, remaining the primary obligation of each party. This
Agreement shall remain in full force and effect regardless of any
change in the marital status of the parties. it is warranted,
covenanted and represented by Husband and Wife, each to the other,
that this Agreement is lawful and enforceable, and this warranty,
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covenant and representation is made for the specific purpose of
inducing the parties to execute the Agreement.
21. DATE OF EXECUTION. The "date of execution" or "execution
date" of the Agreement shall be defined as the date upon which it
is executed by the parties if they have each executed the Agreement
on the same date. Otherwise, the "date of execution" or "execution
date" of this Agreement shall be defined as the date of execution
by the party last executing the Agreement.
22. FULL DISCLOSURE. Each party asserts that he or she has
made or shall make a full and complete disclosure of all the real
and personal property of whatsoever nature and wheresoever located
belonging in any way to each of them, of all debts and encumbrances
incurred in any manner whatsoever by each of them, and of all
sources and amounts of income received or receivable by each party.
23. ENTIRE AGREEMENT. This Agreement contains the entire
understanding of the parties, and there are no representations,
warranties, covenants or undertakings other than those expressly
set forth herein.
24. BREACH. If either party breaches any provision of this
Agreement, the other party shall have the right, at his or her
election, either to pursue his or her rights in having the terms of
this Agreement enforced as an Order of Court or to sue for specific
performance or for damages for such breach, and the party breaching
this Agreement shall be responsible for legal fees and costs
incurred by the other in enforcing his or her rights under this
Agreement.
25. PENNSYLVANIA LAW. The parties agree that the terms of
this Agreement and any interpretation and/or enforcement thereof
shall forever be governed by the laws of Pennsylvania.
26. WAIVER OR MODIFICATION TO BE IN WRITING. No modification
or waiver of any of the terms hereof shall be valid unless made in
writing and signed by both of the parties.
27. ADDITIONAL INSTRUMENTS. Each of the parties shall from
time to time, at the request of the other, execute, acknowledge,
and deliver to the other party any and all further instruments,
is
including deeds and other real estate-related documents, titles, or
other documents that may be reasonably required to give full force
and effect to the provisions of this Agreement.
28. SEVERABILITY. 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 shall continue in full force, effect and operation.
29• WARRANTY. Husband and Wife again acknowledge that they
have each read and understand this Agreement, and each warrants and
represents that it is fair and equitable to each of them.
30. DESCRIPTIVE HEADINGS. The descriptive headings used
herein are for convenience only. They shall have no effect
whatsoever in determining the rights or obligations of the parties.
IN WITNESS WHEREOF, and intending to be legally bound hereby,
the parties hereto have hereunto set their hands and seals the day
and year first above written. This agreement is executed in
duplicate, and each party hereto acknowledges receipt of a duly
executed copy thereof.
WITNESSES:
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J. MICHAEL DAKAN
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Mwl?y . DAKAN
16
COMMONWEALTH OF PENNSYLVANIA
/c, ss.
COUNTY OF l p/lnhfow
On this -Z2 day of LyW- , 1999, before
me, the undersigned officer, personally appeared J. Michael Dakan,
known to me (or satisfactorily proven) to be the person whose name
is subscribed to the within Agreement, and acknowledged that he
executed the same for the purposes therein contained.
Notarial seal
Cetiry L YourvNood, Notary Pubso
Camp HI6 Bono, Cumbenend Coursy
My Co nmlesion Expires Juno 22, 2602
65NnW FennoyKwla Assoda6on of Nolanea
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COMMONWEALTH /I OF PENNSYLVANIA
COUNTY OF t d M Alrani 0
ss.
On this 2-7day of (_(: our ' , 1999, before
me, the undersigned officer, personally appeared Nancy M. Dakan,
known to me (or satisfactorily proven) to be the person whose name
is subscribed to the within Agreement, and acknowledged that she
executed the same for the purposes therein contained.
Notadol Seal
Catby L Youngb;oad, Notary Pub6a ? p
Camp HIA Bono, Cumberland Cou
My Commission ExPlres June 22.26W
M6mt>e:, PennsYNama ASSOtiaJOn of Natanaa
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J. MICHAEL DARAN,
Plaintiff
Vs.
NANCY M. DAKAN
Defendant
IN THE COURT 08 COMMON PLEAS OF
s CUMBERLAND COUNTY, PENNSYLVANIA
i
s NO. 99-4800 CIVIL TERM
s CIVIL ACTION - LAN
s IN DIVORCE
PRAECIPE TO TRANSMIT RECORD
TO THE PROTHONOTARY:
Kindly transmit the record, together with the following
information, to the Court for entry of a divorce decree:
1. The ground for divorce is irretrievable breakdown under
Section 3301 (c) of the Divorce Code.
2. The Complaint was filed on August 9, 1999.
3. Date and manner of Service of the Complaint: August 12, 1999,
by Acceptance of service of Defendant, as evidenced by same filed on
August 18, 1999.
4. The Plaintiff's Affidavit of Consent was executed by the
Plaintiff on November 19, 1999, and filed on November Zq, 1999. The
Defendant's Affidavit of Consent was executed on November 18, 1999, and
filed on November Z9, 1999.
5. Plaintiff executed a Waiver of Notice of Intention to Request
Entry of a Divorce Decree under 3301 (c) of the Divorce Code on November
19, 1999, and said waiver was filed on November Zq, 1999. Defendant
executed a Waiver of Notice of Intention to Request Entry of a Divorce
Decree under 3301 (c) of the Divorce Code on November 18, 1999, and said
waiver was filed on November zq, 1999.
6. There are no related claims pending. The parties have resolved
all related issues by written agreement dated October 27, 1999.
7. The social security number of Plaintiff, J. Michael Dakan is
521-82-5529.
8. The social security number of Defendant, Nancy M. Dakan is
207-50-0064.
Respectfully submitted,
LAW OFFICES OF CRAIG A. DIEHL
Dated: BJ34614 da A. Clotfelter, quire
orney ID No. 72963
TrindI Road
Camp Hill, PA 17011
(717) 763-7613
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J. MICHAEL DAKAN,
Plaintiff
Vs.
NANCY M. DARAN
Defendant
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
No. 'woo
. CIVIL ACTION - LAW
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 action. You are
warned that, if you fail to do so, the case may proceed without you and
a decree of divorce or annulment 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 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,
York County Courthouse, 28 E. Market Street, York, Pennsylvania.
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 TARE 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, PA 17013
(717) 249-3166
J. MICHAEL DAHAN,
Plaintiff
Va.
NANCY M. DAEAN
Defendant
i IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
i NO.
i CIVIL ACTION - LAN
. IN DIVORCE
AVISO PARA DEFENDER Y RECLAMAR DERECHOS
LISTED HA SIDO DEMANDADO EN LA CORTE. Si desea defenderse de las
quejas expuestas en las paginas seguientes, debe tomar accion con
prontitud. se le avisa que si no se defiende, el caso pude proceder sin
usted y decreto de divorcio o anulamiento puede ser emitido en su contra
por las Corte. una decision puede tambien ser emitida en su contra por
caulquier otra queja o compensacion eclamados por el demandante. Usted
puede perder dinero, o propiedades u otros derechos importantes para
usted.
Cuando la base para el divorcio es indignidades o rompimiento
irreparable del matrimonio, usted puede solicitar consejo matrimonial.
Una lista de consejeros matrimoniales esta disponible en la oficina del
Prothonotary, en la York County Court of Common Pleas, 28 East Market
Street, York, Pennsylvania.
01 UBTED NO RECLAMA PENSION ALIMENTICIA, PROPIEDAD MARITAL,
HONORARIOS DE ABOOADO U OTROS OASTOS ANTES DE QUE EL DECRETO FINAL DE
DIVORCIO O ANULAMIENTO SEA EMTIDO, USTED PUEDE PERDER EL DERECHO A
RECLAMAR CUALQUIERA DE ELLOS.
UBTED DEBE LEVAR EBTE PAPEL A UN ABOGADO DE INMEDIATO. SO NO TIENE
O NO PUEDE PAOAR UN ABOGADO, VAYA O LLAME A LA OFICINA INDICADA ABAJO
PARA AVERIGUAR DONDE PUEDE OBTENER ASISTENCIA LEGAL.
Cumberland County Bar Association
2 Liberty Avenue
Carlisle, PA 17013
(717) 249-3166
J. MICHAEL DAHAN, s IN THE COURT OF COMMON PLEAS OF
Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA
i
i
Vs. : No. 99- IPdv e_;'a T-
s
NANCY M. DAEAN i CIVIL ACTION - LAW
Defendant s IN DIVORCE
COMPLAINT UNDER SECTION 3301(C)
OR 3301(D) OF THE DOMESTIC RE*ATrnv CODE
And now comes Plaintiff, J. Michael Dakan, by and through his
attorneys, Law Offices of Craig A. Diehl, and files this Complaint in
Divorce, respectfully stating in support thereof the following:
1. Plaintiff is J. Michael Dakan, an adult individual who
currently resides at 709 Hanover Manor, Apartment E-202, Carlisle,
Cumberland County, Pennsylvania 17013.
2. Defendant is Nancy M. Dakan, an adult individual who currently
resides at 1653 Airport Drive, Mechanicsburg, Cumberland County,
Pennsylvania 17055.
3. Both the Plaintiff and the Defendant have been bona fide
residents of the Commonwealth of Pennsylvania for at least six (6)
months immediately previous to the filing of this Divorce Complaint
4. Plaintiff and Defendant were married on July 8, 1978, in
Bethlehem, Northampton County, Pennsylvania.
5. The parties have been separate and apart within the meaning of
the Pennsylvania Domestic Relations Code since April 6, 1999.
6. There have been no prior actions of divorce or for annulment
between the parties.
7. Defendant is not a member of the armed forces of the United
States or any of its allies.
8. Plaintiff avers that the marriage is irretrievably broken.
9. Plaintiff has been advised of the availability of counseling
and that Plaintiff may have the right to request that the court require
the parties to participate in counseling. Plaintiff does not desire
counseling.
WHEREFORE, Plaintiff respectfully requests that this Court enter a
Decree of Divorce.
LAW OFFICES OF CRAIG A. DIEHL
Dated: 1 30 9 1464 a A. C otfelter, quire
rney ID No. 72963
Trindle Road
Camp Hill, PA 17011
(717) 763-7613
Attorney for Plaintiff
J. MICHAEL DAKAN,
Plaintiff
Vs.
NANCY M. DAKAN
Defendant
IN THE COURT OF COMMON PLEAS
OF YORK COUNTY, PENNSYLVANIA
s
NO. 98-SU- -02D
s
. CIVIL ACTION - LAW
s IN DIVORCE
I, J. MICHAEL DAKAN, verify that the statements in the foregoing
DIVORCE COMPLAINT are true and correct to the best of my knowledge,
information and belief. I understand that false statements herein are
made subject to the penalties of 18 Pa. C.S. S 4904, relating to unsworn
falsification to authorities.
Date: &IL Y 3 7e
J. MICHAEL DAKAN
Law Offices of
CRAIG A. DIEHL
8461 TRIDLE RDAD
CAMP HLL. PA 17o11 119 W. HANOVER ROAD
(717) 7a3-7813 SPRINT DROVE. PA 17892
0171 226•100
i
Va. s NO. 93 ?SQO CI?I
i
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NANCY M. DAKAN i CIVIL ACTION - LAW
Defendant s IN DIVORCE
ACCEPTANCE OF SERVICE
I, NANCY M. DAKAN, Defendant in the above-captioned matter hereby
accept service of the Complaint in Divorce filed by Plaintiff. Service
is accepted on the 1a`µ' day of , 1999.
N DAKAN, Defendant
J. MICHAEL DAKAN, IN THE COURT OF COMMON PLEAS OF
Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA
V. NO.
NANCY M. DAKAN, CIVIL ACTION - LAW
Defendant IN DIVORCE
CERTIFICATE OF SERVICE
AND NOW, this day of C %C , 1999, the
undersigned hereby certifies that a true and correct copy of the
foregoing ACCEPTANCE OF SERVICE was served upon the opposing party
by way of United States mail, first class, postage prepaid,
addressed as follows:
Nancy M. Dakan
1653 Airport Drive
Mechanicsburg, PA 17055
LAW OFFICES OF CRAIG A. DIEHL
Date: 7/y0
By: 2t?
Amy Gatos, Secretary
3464 Trindle Road
Camp Hill, PA 17011
(717) 763-7613
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J. MICHAEL DAKAN,
Plaintiff
Va.
NANCY M. DARAN
Defendant
. IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
s
NO. 99-4800 CIVIL TERM
: CIVIL ACTION - LAN
. IN DIVORCE
AFFIDAVIT OF CONSENT
1. A Complaint in Divorce under section 3301 (c) of the Divorce
Code was filed on August 9, 1999.
2. 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.
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 and expenses if I do not claim them
before a divorce is granted.
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. Section 4904, relating to unsworn
falsification to authorities.
Date:. A1061 /% /-97
J. MICHAEL DAKAN, Plaintiff
1 79 AON
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J. MICHAEL DAKAN,
Plaintiff
Vs.
NANCY M. DARAN
Defendant
IN THE COURT OF COMMON PLEAS OF
i CUMBERLAND COUNTY, PENNSYLVANIA
NO. 99-4800 CIVIL TERM
CIVIL ACTION - LAW
IN DIVORCE
WAIVER OF NOTICE OF INTENTION TO
REQUEST ENTRY OF A DIVORCE DECREE
UNDER C 3301 (C) OF THE DIVORCE CODE
1. 1 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 unsworn falsification to
authorities.
Date: AIMI J!Z
J. MICHAEL DAKAN, Plaintiff
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J. MICHAEL DARAN, IN THE COURT OF COMMON PLEAS OF
Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA
Vs. N0. 99-4800 CIVIL TERM
NANCY M. DARAN CIVIL ACTION - LAW
Defendant IN DIVORCE
AFFIDAVIT OF CONSENT
1. A Complaint in Divorce under Section 3301 (c) of the Divorce
Code was filed on August 9, 1999.
2. 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.
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 and expenses if I do not claim them
before a divorce is granted.
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. Section 4904, relating to unsworn
falsification to authorities.
Date: 4' tN Z DAKAN, Defendant
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J. MICHAEL DARANI
Plaintiff
Va.
NANCY M. DARAN
Defendant
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 99-4800 CIVIL TERM
CIVIL ACTION - LAW
IN DIVORCE
WAIVER OF NOTICE OF INTENTION TO
REQUEST ENTRY OF A DIVORCE DECREE
UNDER C 3301 (C) OF THE DIVORCE CODE
1. 1 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, lawyers 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 is Pa. C.S
authorities.
§ 4904 relating to unsworn falsification to
Date: I/F,/qgR
NARY M? DAtCAN, Defendant
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