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HomeMy WebLinkAbout99-05211 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY STATE OF PEN NA. DONNA MARIE O'SHELL, 201-38-5771, I? PLAINTIFF, VERSUS N O, 99-05211 DAVID LEE O'SHELL, 192-44-5817 DEFENDANT DECREE IN DIVORCE AND NOW, C/UWl /0 zo°n , IT IS ORDERED AND DECREED THAT DONNA MARIE O'SHELL , PLAINTIFF, AND DAVID LEE O'SHELL ARE DIVORCED FROM THE BONDS OF MATRIMONY. DEFEN DANT, 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 By THE COURT: ATTE J. -2 PROTHONOTARY 4 • 0 MARRIAGE SETTLEMENT AGREEMENT ' 14 AGREEMENT made this / a day of 1999, by and between DAVID L. O'SHELL, hereinafter called "HUSBAND", and DONNA MARIE O'SUELL, hereinafter called "WIFE"; WITNESSETH' WHEREAS, HUSBAND and WIFE were lawfully married on November 23, 1973, in the City of Pittsburgh, County of Allegheny, Commonwealth of Pennsylvania; and WHEREAS, differences have arisen between HUSBAND and WIFE which have caused them to live separate and apart; and WHEREAS, there is presently a divorce action pending between the parties docketed at No. 99-5211, Court of Common Pleas of Cumberland County, Pennsylvania; and WHEREAS, the parties have reached a resolution concerning distribution of marital property, and other issues; NOW9 THEREFORE, each party intending to be legally bound hereby does agree as follows: 1. AGREEMENT NOT A BAR TO DIVORCE PROCEEDINGS This agreement shall not be considered an affect or bar on the legal right of HUSBAND and WIFE to an absolute divorce on lawful grounds if such grounds now exist or shall hereafter exist or to such defense as may be available to either Party. This Agreement is not intended to condone and shall not be deemed to be a condonation on the part of either Party hereto of any act or acts on the part of the other Party which have occasioned the disputes or unhappy differences which have occurred prior to or which may occur subsequent to the date hereof. The parties intend to secure a mutual consent, No Fault Divorce pursuant to the terms of section 3301(d) of the Divorce Code of 1980 as amended. 2 PERSONAL RIGHTS It shall be lawful for HUSBAND and WIFE at all times hereinafter to live separate and apart from each other, and to reside from time to time at such place or places as they respectfully deemed fit, free from any control, restraint or interference, direct or indirect, by each other. Neither party shall molest the other, nor compel the other or cohabit or dwell with him or her by any legal or other proceedings. The foregoing provision shall not be taken to be an admission on the part of either HUSBAND or WIFE of causes leading to their living apart. 3. PERSONALTY The parties acknowledge that HUSBAND will be retaining certain items of household goods and furniture as both parties mutually agree. All other household goods and furnishings shall be owned by WIFE. HUSBAND and WIFE shall continue to own and enjoy, free from any claim or right to the other, all of his or her personal effects, such as clothing, jewelry, books, and the like, wherever located. 4 AUTOMOBILES WIFE shall retain her personal vehicle and shall be responsible for any loan or debt associated with the vehicle. HUSBAND shall retain his personal vehicle and shall be responsible for any loan or debt associated with the vehicle. S REAL ESTATE HUSBAND agrees to transfer his equity in the real property located at 769 South Humer 2of9 Street, Enola, Cumberland County, Pennsylvania 17025 and to execute a Deed for the real property to WIFE who, in exchange, would pay off the first mortgage, the equity credit line, and pay HUSBAND the sum of $23,000.00 in cash at settlement. & 1999 INCOME TAX CONSEQUENCES Parties shall file a joint income tax return for the year 1999 if they deem it to be mutually beneficial. If they should not deem it as mutually beneficial, then they will be free to file separate tax returns for 1999. If they should file jointly then any refunds or payments shall be distributed equally. The Parties agree that the entry of the Divorce shall be after January 1, 2000 if they should decide to file a joint return for 1999. 7 LIFE INSURANCE Each party shall retain as his or her separate property any life insurance policies owned by either of them and each party releases the other party from any rights in said insurance policies. 8. RETIREMENT FUNDS Each party shall retain as his or her separate property any retirement funds owned by either of them and each party releases the other party from any rights in said retirement I WAIVERS Each party waives any right to alimony from the other. 10. SAVINGS ACCOUNT WIFE will retain the funds kept in the savings account which she will use towards the payment of attorney's fees, court costs, and any settlement costs associated with her refinancing of the home. 3of9 11 WIFE'S DEBT Except as otherwise provided herein, WIFE hereby warrants and represents that she has not heretofore incurred any debt or obligation for which HUSBAND now or in the future is or may become liable. With respect to any such obligation incurred by WIFE, whether solely in her name or jointly, she agrees to pay same and to indemnify and hold HUSBAND harmless therefrom, including costs and reasonable attorneys fees. 12 HUSBAND'S DEBT Except as otherwise provided herein, HUSBAND hereby warrants and represents that he has not heretofore incurred any debt or obligation for which WIFE now or in the future is or may become liable. With respect to any such obligation incurred by HUSBAND, whether solely in his name or jointly, he agrees to pay same and to indemnify and hold WIFE harmless therefrom, including costs and reasonable attorneys fees. 13. FUTURE DEBTS Neither party shall, after the date of this agreement, in any manner incur debts or other obligations obligating the other or incurring any debt in the name of the other, and each party shall indemnify and save harmless the other party of any such debts or obligations, including costs and reasonable attorneys fees. 14. WIFE'S RELEASE WIFE does hereby release, remise, quitclaim and forever discharge HUSBAND and the estate of HUSBAND from any and every claim that she now has, may hereafter have, or can have at any time against HUSBAND or against his estate, or any part thereof, whether arising 4of9 out any formal contracts, engagements or liabilities of HUSBAND; arising by way of dower or claim in the nature of dowel, widow's rights, or under the intestate law; arising by any right to take against HUSBAND's will; arising under the Divorce Code of 1980 including any claim for determination and distribution of property, any claim for alimony, and any claim for attorneys fees, costs and alimony pendente lite; or arising by any other nature whatsoever; excepting only those rights accruing to WIFE under this agreement. M HUSBAND'S RELEASE HUSBAND does hereby release, remise, quitclaim and forever discharge WIFE and the estate of WIFE from any and every claim that he now has, may hereafter have, or can have at any time against WIFE or against her estate, or any part thereof, whether arising out any formal contracts, engagements or liabilities of WIFE; arising by way of dower or claim in the nature of dower, widower's rights, or under the intestate law; arising by any right to take against WIFE's will; arising under the Divorce Code of 1980 including any claim for determination and distribution of property, any claim for alimony, and any claim for attorneys fees, costs and alimony pendente lite; or arising by any other nature whatsoever; excepting only those rights accruing to HUSBAND under this agreement. 1 EFFECT OF DIVORCE DECREE This agreement shall not be extinguished by any Decree in Divorce issued by the Court in the pending divorce action, but shall in all respects survive the same and be forever binding and conclusive upon the parties, and all property either jointly owned, solely owned by HUSBAND or solely owed by WIFE, shall be distributed in accordance with this agreement and shall not be affected nor become the subject of any claim for equitable distribution of marital 5of9 property under §401 of the Divorce Code, nor shall any claim be made by either HUSBAND or WIFE for alimony under §301 and/or §501 of the Divorce Code, nor shall any claim be made by HUSBAND or WIFE for alimony pendente lite, counsel fees or expenses under §501 of the Divorce Code. At the option of either party, this agreement shall be incorporated into the divorce decree or any order of court in the divorce action. 17• ASSET DISCLOSURE BY THE PARTIES HUSBAND and WIFE each represent and warrant that he and she have made a full and complete disclosure to the other of all assets in which each party has an interest. Both HUSBAND and WIFE acknowledge that they are fully aware of the assets and income of each other and that they both enter into this agreement fully understanding their respective rights and responsibilities. Each party has been fully informed as to his or her legal rights and obligations and acknowledges that he or she entered into this agreement freely and voluntarily without any duress or undue influence. M AGREEMENT BINDING ON HEIRS This agreement shall be binding upon and shall inure to the benefit of the parties` heirs, personal representatives and assigns. 19• ADVICE OF ATTORNEY Each party acknowledges that he or she has had the benefit of legal counsel in the drafting of this Agreement, prior to the execution thereof. Specifically, WIFE has had the benefit of legal counsel of Leslie D. Jacobson, Esquire, with an office located at 8150 Derry Street, Harrisburg, Pennsylvania. HUSBAND has declined to retain counsel and acknowledges that he is not represented by Mr. Jacobson. Each party acknowledges that the terms of this 6of9 Agreement and the legal effect of such terms have been explained to them by their respective attorneys, that each party understands the terms of this Agreement and fully agrees to comply with the terms thereof. Furthermore, each party acknowledges that this agreement is fair and equitable under the circumstances. 29s WAIVER OR MODIFICATION TO BE IN WRITING No modification or waiver of any of the terms hereof 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 or similar nature. 21 MUTUAL COOPERATION Each Party shall, at any time and from time to time hereafter, take any and all steps and execute, acknowledge and deliver to the other Party, any and all further instruments and/or documents that the other party may reasonably require for the purpose of giving full force and effect to the provisions of this Agreement. Furthermore each party agrees to execute an Affidavit of Consent to a Decree in Divorce, pursuant to §201(c) of the Divorce Code. 22s LAW OF PENNSYLVANIA APPLICABLE This Agreement shall be construed in accordance with the laws of the Commonwealth of Pennsylvania. 23. NO WAIVER OF DEFA tr T This Agreement shall remain in full force and effect unless and until terminated pursuant to the terms of this Agreement. The failure of either party to insist upon strict performance of any of the provisions of this Agreement shall in no way affect the right of such Party hereafter to enforce the same, nor shall the waiver of any breach of any provision hereof be construed 7of9 as a waiver of any subsequent default of the same or similar nature, nor shall it be construed as a waiver of strict performance of any other obligations herein. 24• BREACH If for any reason either HUSBAND or WIFE fails to perform his or her obligations hereunder to the other spouse, and the other spouse incurs any expense thereby (including, but not limited to, legal fees and costs) in enforcing his or her rights, the non-breaching Party shall have the right, at his or her election, to sue in law or in equity to enforce any rights and remedies which the Party may have and the spouse who failed to perform the obligations agrees to indemnify the other spouse and hold him or her harmless for any and all such expenses. 2& HEADINGS NOT PART OF AGREEMENT Any heading preceding the text of the several paragraphs and subparagraphs hereof, are inserted solely for convenience of reference and shall not constitute a part of this Agreement nor shall they affect its meaning, construction or effect. 26• DATE OF EXECUTION The "date of execution" or "execution date" of this Agreement shall be defined as the date of execution by the Party last executing this Agreement. (this space intentionally left blank) 8of9 27. DISTRIBUTION DATE The transfer of property, funds and/or documents provided for herein shall only take place on the "distribution date" which shall be defined as the date of execution of this Agreement unless otherwise specified herein. IN WITNESS WHEREOF, the parties hereto, intending to be legally bound hereby, have hereunto set their hands and seals the day and year first above written. WITNESS: DAVID L. O'SHELL, Husband ?Q&-' 9?' (9j9d DONNA MARIE O'SHELL, Wife 9of9 r ?? ?.. ?, ri ?? :'7 Sri - !.!?D :: 1. n .;_? .J i3 DONNA MARIE O'SHELL IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND CO., PENNSYLVANIA 201-38-5771 V. NO. 99-05211 DAVID LEE O'SHELL CIVIL ACTION - LAW Defendant IN DIVORCE 192-44-5817 PRAECIPE TO TRANSMIT RECORD To the Prothonotary: Transmit the record, together with the following information, to the Court for entry of a Divorce Decree. 1. Ground for Divorce: Irretrievable breakdown under Section 3301(c) of the Divorce Code. 2. Date and manner of service of the Complaint: Defendant accepted service of the Complaint on Complaint was served by First Class Mail. 3. (Complete either (a) or (b) ). (a) Date of execution of the affidavit of consent required by Section 3301 (c) of the Divorce Code: By Plaintiff January 14, 2000, by Defendant January 14, 2000. (b) (1) Date of execution of the Plaintiffs affidavit required by Section 33011 (d) of the Divorce Code: (2) Date of service of the Plaintiff's affidavit upon the Defendant: 4. Related claims oendinu: None. 5. Date and manner of service of the notice of intention to file raeci a to I which is attached, if the decree is to be entered under Section 3301 (c? 1) (i) of the N/A / Date: 61.10100 a copy of Leslie D. Jacobson, quire ID #52673 n'IIU Attorney for Plainti Law office of Leslie D. Jacobson 8150 Derry Street Harrisburg, PA 11111-5260 (717)561-I5I5 r - ; N Z 1' ? Lf r.) Q DONNA MARIE O'SHELL, PLAINTIFF Vs. DAVID LEE O'SHELL, DEFENDANT IN THE COURT OF COMMON PLEAS CUMBERLAND CTY,PENNSS?YLVANIA NO. qf`5?1I CIVIL ACTION - DIVORCE NOTICE YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this Complaint and Notice are served, by entering a written appearance personally or by attorney and filing in writing with the Court your defenses or objections to the claims set forth against you. You are wamed that if you fail to do so the case may proceed without you and a judgment may be entered against you by the Court without further notice for any money claimed in the Complaint or for any other claim or relief requested by the Plaintiff. You may lose money or property or other rights important to you. 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 ORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 (717)-249-3166 DONNA MARIE O'SHELL, PLAINTIFF V3. DAVID LEE O'SHELL, DEFENDANT IN THE COURT OF COMMON PLEAS CUMBERLAND CTY,PENNSYLVANIA No. 9 9 _5?z T - CIVIL ACTION - DIVORCE COMPLAINT IN DIVORCE PURSUANT SECTION 3301(c) OF THE DIVORCE CODE The Plaintiff, Donna Marie O'Shell (hereinafter "Plaintiff'), brings this action in divorce against the Defendant, David Lee O'Shell (hereinafter "Defendant"), upon a cause of action whereof the following is a statement. 1. Plaintiff, Donna Mane O'Shell, is an adult individual residing at 769 South Humer Street, Enola, PA 17025. 2. Defendant, David Lee O'Shell, is an adult individual residing at 769 South Humer Street, Enola, PA 17025. 3. Plaintiff and Defendant have been bona fide residents in the Commonwealth for at least six months immediately previous to the filing of this Complaint. 4. Plaintiff and Defendant were married on November 23, 1973, in Allegheny County, Pennsylvania. parties. 5. No previous actions for divorce or annulment have been filed between the 6. The marriage is irretrievably broken. 7. 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. States. 8. Plaintiff and Defendant are not members of the Armed Forces of the United WHEREFORE, Plaintiff requests this Honorable Court to enter a decree of divorce pursuant to § 3301(c) of the Divorce Code. Dated: 81.2-q/9 I Leslie D. Jacobs9161 Attorney for PI nt ff ID # 52673 8150 Deny StreetsJ Harrisburg, PA 17111 (717) 561-1515 -2- VERIFICATION I verify that the statements made in this Complaint in Divorce are true and correct. I understand that false statements herein are subject to the pe-tWties of 18 Pa.C.S. Section 4904, relating to unworn falsification to authorities. ?? j?/ /? Date: 8 !o y 9 By; ?y r-? ?? D?Y?GeX?i Donna M. O'Shell DONNA MARIE O'SHELL, PLAINTIFF VS. DAVID LEE O'SHELL, DEFENDANT IN THE COURT OF COMMON PLEAS CUMBERLAND CTY,PENNSYLVANIA NO. CIVIL ACTION - DIVORCE CERTIFICATE OF SERVICE I, Richard E. Mitchell, a paralegal employed by the LAW OFFICES OF LESLIE D. JACOBSON, on this 2? day of August, 1999, hereby certify that I have served a copy of the foregoing Complaint in Divorce by depositing same in the United States Mail, postage prepaid, upon the following: David L. O'Shell 769 South Homer Street Enola, PA 17025 Dated: [/J qN -T j 4AI?6-1?7 - cItichard E. Mitchell Paralegal LAW OFFICES OF LESLIE D. JACOBSON 8150 Derry Street, Suite A Harrisburg, PA 17111 (717) 561-1515 CL. •, v !jj \ r P; DONNA MARIE O'SHELL Plaintiff 201-38-5771 V. DAVID LEE. O'SHF.Id, Defendant 192-44-5817 IN THE COURT OF COMMON PLEAS CUMBERLAND CO., PENNSYLVANIA NO. 99-05211 CIVIL ACTION- LAW IN DIVORCE ACCEPTANCE OF SERVICE I hereby accept service the Complaint. Date: ivid Lee O'Shell Defendant 18 North High Street Duncannon, Pa 17020 u, rT j ., " J lu J O.° DONNA MARIE O'SHELL Plaintiff 201-38-5771 V. DAVID LEE O'SHELL Defendant 192-44-5817 IN THE COURT OF COMMON PLEAS CUMBERLAND CO., PENNSYLVANIA NO. 99-05211 CIVIL ACTION - LAW IN DIVORCE PLAINTIFF'S AFFIDAVIT OF CONSENT AND WAVIER OF NOTICE OF INTENTION TO REQUEST ENTRY OF DIVORCE DECREE UNDER SECTION 3301 (C) OF THE DIVORCE CODE 1. A Complaint in Divorce under Section 3301 (c) of the Divorce Code was filed on August 25, 1999. 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety (90) days have elapsed from the date of filing the Complaint. 3. I consent the entry of a final Decree in Divorce without notice. 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. 5. I understand that I will not be divorced until a Decree in Divorce is entered by the Court and that a copy of the Decree will be sent to me immediately after it is filed with the Prothonotary. I verify that the statements made in this Affidavit are true and correct. I understand that false statements herein are subject to the penalties of 18 Pa.C.S. § 4904 relating to unworn falsification to authorities. q7q /? Date: Y/OO /?E i?r?? `/l `C(A , Donna Marie O'Shell r u? _' ?. ,- ?,1 c.7 ? ? V ?-. - U ? ? ?` `lam ?? - - "7 -a iJ :]i1 1 u. '2 n ?C? 7 U DONNA MARIE O'SHELL Plaintiff 201-38-5771 V. DAVID LEE O'SHELL Defendant 192-44-5817 IN THE COURT OF COMMON PLEAS CUMBERLAND CO., PENNSYLVANIA NO. 99-05211 CIVIL ACTION - LAW IN DIVORCE DEFENDANT'S AFFIDAVIT OF CONSENT AND WAVIER OF NOTICE OF INTENTION TO REQUEST ENTRY OF DIVORCE DECREE UNDER SECTION 3301 (C) OF THE DIVORCE CODE 1. A Complaint in Divorce under Section 3301 (c) of the Divorce Code was filed on August 25, 1999. 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety (90) days have elapsed from the date of filing the Complaint. 3. I consent the entry of a final Decree in Divorce without notice. 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. 5. I understand that I will not be divorced until a Decree in Divorce is entered by the Court and that a copy of the Decree will be sent to me immediately after it is filed with the Prothonotary. I verify that the statements made in this Affidavit are true and correct. I understand that false statements herein are subject to the penalties of 18 Pa.C.S. § 4904 relating to unworn falsification to authorities. Date: Q iJ David ee O'Shell x a.