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IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY
STATE OF PENNA.
eke d
DEBORAH L. SNEL.c/MI N O. 99-5622
VERSUS
ALLEN CAPRON
DECREE IN
DIVORCE
AND NOW, TV R r 1- , aOOE: IT IS ORDERED AND
DECREED THAT Deborah L. Snelson , PLAINTIFF,
AND Alien Capron 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;
The Marigal Settlement AGreement of 6/2/00 is hereby incorporated
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DEBORAH L. SNELSON,
Plaintiff
V.
ALLEN CAPRON
Defendant
: IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY, PENNSYLVANIA
NO. 99-5622
IN DIVORCE
CIVIL TERM
MARITAL SETTLEMENT AGREEMENT
A
THIS AGREEMENT is made thi?-Eday of 2000, by and between
DEBORAH L. SNELSON, ("Wife") and ALLEN CAPRON ("Husband").
WHEREAS, the parties were married on July 18, 1992, and have remained
married since that time; and
WHEREAS, certain differences have arisen between the parties and, as a
consequence, they are living separate and apart from each other; and
WHEREAS the parties wish to set forth certain covenants and understandings
regarding their separation and their respective property rights;
NOW THEREFORE, in consideration of the mutual promises and
undertakings contained herein, the parties hereto, intending to be legally bound,
covenant and agree as follows:
1. VOLUNTARY AGREEMENT: It is acknowledged by the parties that
this Agreement is entered into voluntarily and after due deliberation by each of them.
Wife is represented by Samuel W. Milkes, Esq., Jacobsen & Milkes. Husband is not
represented and understands that he has the right and opportunity to be separately
represented in this matter.
2. SEPARATION AND NON-INTERFERENCE: It shall be lawful for
Wife and Husband 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 any control, restraint, harassment or interference, indirect or direct,
from each other. The foregoing provisions shall not be taken to be an admission on
the part of either party of the lawfulness or unlawfulness of the causes leading them
to live apart.
3. DIVORCE ACTION: The parties acknowledge that an action for
divorce between them has been filed by Wife in the Court of Common Pleas of
Cumberland County, Pennsylvania, SNELSON u. CAPRON, No. 99-5622 Civil
Term. The parties hereby acknowledge their intention and agreement to proceed in
said action to obtain a final decree in divorce by mutual consent on the grounds that
their marriage is irretrievably broken, and to settle, amicably and fully hereby, all
claims which might be raised by either party in the divorce action. The parties
acknowledge that they are executing, commensurate with the execution of this
Agreement, the necessary Affidavits of Consent for the entry of a final divorce decree
in the pending action.
4. KNOWLEDGE OF MARITAL ESTATE: Each party agrees that she
or he each fully understands the facts surrounding this divorce, and each has had the
opportunity to be fully informed as to her or his legal rights and obligations. Each
party acknowledges and accepts that this Agreement is, under the circumstances, fair
and equitable, and that it is being entered into freely and voluntarily after Wife's
consultation with her attorney and Husband's opportunity to consult with his own
attorney. The execution of the Agreement is not the result of any duress or undue
influence, and it is not the result of any collusion or improper illegal agreement or
agreements. The parties acknowledge that each has been fully informed of, or is
familiar with, the wealth, property, state, and income of the other, and each party is
hereby satisfied that such information is true and correct.
5. PERSONAL PROPERTY: The parties have divided all personal
property and each is full owner of the personal property now in his or her possession.
6. PRE-MARITAL PROPERTY: The parties agree that Wife is to retain
full and separate ownership of the real property owned by her on Arch Street in
Carlisle, PA and the parties will execute a deed, effectuating this agreement, if
necessary.
7. MARITAL HOME: Husband agrees to execute a deed, if necessary,
conveying to wife any and all of his interest in the marital home, located at 127
Parker Street, Carlisle Pennsylvania. Husband hereby relinquishes any interest in
this property. Effective the date of this Agreement, Wife agrees to assume sole
responsibility for payment of the mortgage, taxes, and insurance on this property, and
to indemnify Husband, and to hold him harmless for Wife's failure to perform any of
these responsibilities.
8. INVESTMENT PROPERTY: Husband agrees to execute a deed, if
necessary, conveying any and all of his interest in the investment property, located at
237 and 239 Locust Street, Carlisle Pennsylvania. Husband hereby relinquishes any
interest in these properties. Effective the date of this Agreement, Wife agrees to
assume sole responsibility for payment of the mortgage, taxes, and insurance on this
property, and to indemnify Husband, and to hold him harmless for Wife's failure to
perform any of these responsibilities.
9. INVESTMENTS: The parties agree that certain investments, including
any stocks, IRAs, cash, or any other similar holdings of the parties have been
satisfactorily divided.
10. TANGIBLE & INTANGIBLE PROPERTY: The parties agree that
each shall retain their individually acquired savings, investments, tangible and
intangible property unless specifically addressed within this Agreement.
11. AUTOMOBILES: The parties agree that Husband shall retain the
automobile currently in his possession, a 1987 Nissan Sentra, and Wife shall retain
the automobile currently in her possession. Any transfers of title necessary to
effectuate this Agreement will be undertaken as soon after the signing of this
Agreement as possible.
12. TRANSFERS TO HUSBAND: Wife will transfer to Husband the
Nissan Sentra valued at One Thousand Dollars ($1,000.00) immediately. Wife has
transferred to Husband Twenty-Four Thousand Seven Hundred Dollars ($24,700.00)
in stock. Wife has also transferred Seven Thousand Dollars ($7,000.00) in cash,
totaling Thirty-Two Thousand Seven Hundred Dollars ($32,700.00) transferred to
Husband. At the time this document is signed Wife shall transfer the remaining
balance of Thirty Four Thousand Eight Hundred Dollars ($34,800.00), comprising a
total transfer, as part of equitable distribution, from Wife to Husband in the amount
of Sixty-Seven Thousand Five Hundred Dollars ($67,500.00).
13. COUNSEL FEES: Wife shall be individually responsible for payment of
all counsel fees in connection with the preparation of this Agreement and the divorce
between the parties.
14. FINALIZATION OF DIVORCE: The parties agree to take all steps
necessary to finalize this divorce as soon as possible and commensurate with the
signing of this Agreement, they are executing documents consenting to the divorce.
15. TAX PREPARATION: The parties agree that they will each be
responsible for the preparation of their individual personal taxes for calendar year
1999 and thereafter.
16. ALIMONY AND HEALTH INSURANCE: The parties agree there is
no alimony or spousal support to be paid by either. The parties further agree that
neither has any obligation to provide the other with any health insurance coverage, at
the present time, or in the future.
17. NON-MERGER IN DIVORCE DECREE: The parties agree that in
the event of absolute divorce between them, they shall nonetheless continue to be
bound by all the terms of this Agreement, and neither this Agreement, nor the terms
hereof, shall be deemed to have been merged in any decree or judgment granted in
the divorce action, but shall survive and be forever binding upon the parties.
18. EXECUTION OF DOCUMENTS: Each of the parties shall, from time
to time at the request of each other, execute, acknowledge and deliver to the other
party any and all further instruments that may reasonably be required in order to
give full force and effect to the provisions of this Agreement.
19. MUTUAL RELEASE: Except as provided for in this Agreement, the
parties hereby remise, release, quit-claim and forever discharge each other and the
estate of each other, for all time to come, and for all purposes whatsoever, from any
and every claim, including alimony, alimony pendente lite, spousal support, equitable
distribution of marital property, counsel fees or costs under the Divorce Reform Act,
or otherwise, that they make or hereafter make in and to or against each other's
estates or any parts thereof, whether by way of dower or curtesy, or under the
intestate laws, or the right to take or elect against the other's will, except only such
rights as accrue pursuant to this Agreement.
20. NON-WAIVER: The failure of either party to insist in any one or more
instances upon the strict performance of any of the terms hereof in this Agreement
shall not be construed as a waiver or relinquishment of such term or terms in the
future.
21. BREACH: In the event that either party breaches any provision of this
Agreement, he or she shall be responsible for any and all costs incurred to enforce the
Agreement, including, but not limited to, court costs and counsel fees of the other
party. In the event of breach, the other party shall have the right, at his or her
election, to sue for damages for such breach or to seek such other and additional
remedies as may be available to him or her, including equitable enforcement of the
Agreement.
22. ENFORCEMENT: The parties agree that this Agreement or any part
or parts hereof may be enforced in any court of competent jurisdiction.
23. APPLICABLE LAW AND EXECUTION: The parties hereto agree
that this Agreement shall be construed under the laws of the Commonwealth of
Pennsylvania, and shall bind the parties hereto, and their respective heirs, executors
and assigns. This Agreement shall be executed as original in quadruplicate.
24. ENTIRE AGREEMENT: The parties acknowledge and agree that this
Agreement contains the entire understanding of the parties and supersedes any prior
agreement between them. There are no other representations, warranties, promises,
covenants or understandings between the parties other than those expressly set forth
herein.
25. INCORPORATION IN JUDGMENT FOR DIVORCE: In the event
that either Husband or Wife at any time hereafter obtain a divorce, this Agreement
and all of its provisions shall be incorporated into any such judgment for divorce,
either directly or by reference. The court, on entry of judgment for divorce shall
retain the right to enforce the provisions and the terms of the Agreement.
IN WITNESS WHEREOF, the parties hereto have set their hands and seals
as of the day and year first above written.
DEBORAH L. SNELSON
S UEL . ILKES, ESQ.
ATTORNEY FOR WIFE
& C4?tu?
ALLEN CAPRON
COMMONWEALTH OF PENNSYLVANIA
. SS:
COUNTY OF CUMBERLAND
On this, thj day of Zc?P , 2000, before me, a Notary Public in and for the
aforesaid Commonwealth and County, personally appeared DEBORAH L.
SNELSON, known to me, or satisfactorily proven, to be the person whose name is
subscribed to the within instrument and acknowledged that he executed the same for
the purpose therein contained.
IN WITNESS W_UEREOF, I hereunto set my hand and official seal.
BLIC
My Commission Expires:
MTMIALSM
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IwCpMYItiION EIOIRlS.IYLY A, -
COMMONWEALTH OF PENNSYLVANIA
: SS:
COUNTY OF CUMBERLAND
On this, the day of
aforesaid Commonwealth 1999, before me, a Notary Public in and for the
and aunty, personally appeared ALLEN CAPRON,
known to me, or satisfactorily proven, to be the person whose name is subscribed to
the within instrument and acknowledged that she executed the same for the purpose
therein contained.
IN WITNESS WHEREOF, I hereunto set my hand and official seal.
NOT ZABLIC
My Commission Expires:
FCULIkY W.IS1N{/, NOTARY PUGUC
L{ 801MCUMCLLANO co. vA
M2MONBPAMLL.NUa.T 27.2007
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DEBORAH L. SNELSON,
Plaintiff
V.
ALLEN CAPRON
Defendant
: IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY, PENNSYLVANIA
: NO. 99-5622
: IN DIVORCE
CIVIL TERM
P{AWNPE TC TRANOnarr RRCnun
To the Prothonotary:
Transmit the record, together with the following information, to the Court for entry
of a divorce decree:
1. Ground for the divorce is irretrievable breakdown under Section 3301(c)
of the Divorce Code.
2. The Complaint was served by U.S. Mail, to Defendant, Allen Capron, by
Certified Mail No. Z 452 480 258, Return Receipt Requested, which service was made on
September 21, 1999. See attached Certificate of Service.
3. Plaintiffs Affidavit required by Section 3301(c) of the Divorce Code was executed
by the Plaintiff on June 2, 2000, and by Defendant on May 31, 2000.
4. There are no related claims pending. The parties agree to the entry of the
Marital Settlement Agreement, dated June 2, 2000 to be incorporated into the final
Decree of Divorce between them.
Respectfully submitted,
SAMUEL W. MILKES
JACOBSEN & MILKES
52 E. High Street
Carlisle, PA 17013
(717) 249-6427
Attorney for Plaintiff
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DEBORAH L. SNELSON, : IN THE COURT OF COMMON PLEAS
Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA
V. : NO. 99-%13LCIVIL TERM
ALLEN CAPRON : IN DIVORCE
Defendant
NOTICE T(1 DEFEND AND VT ATM 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, Cumberland County Courthouse, 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, PA 17013
(717) 249-3166
O
DEBORAH L. SNELSON, : IN THE COURT OF COMMON PLEAS
Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA
V. : NO. 99-$W-7-CIVIL TERM
ALLEN CAPRON : IN DIVORCE
Defendant
COMPT HINT TN T 13MRCE
COUNT I - DIVORCE
L Plaintiff is DEBORAH L.SNELSON, presently residing at 127 Parker
Street, Carlisle, Cumberland County, Pennsylvania, 17013.
2. Defendant is ALLEN CAPRON, presently residing at 319 S. Baltimore
Avenue, Mt. Holly, Cumberland County, Pennsylvania, 17065.
3. Plaintiff has been a bona fide resident in the Commonwealth for at least
six months immediately previous to the filing of this Complaint.
4. The Plaintiff and Defendant were married July 18, 1992.
5. There have been no prior actions of divorce or for annulment between
the parties in this or any other jurisdiction.
6. Neither party to this action in divorce is currently a member of the
Armed Forces of the United States of America.
7. Plaintiff has been advised that counseling is available and that the
Plaintiff may have the right to request that the Court require the parties to
participate in counseling.
8. The marriage between the parties hereto is irretrievably broken.
9.
9. Plaintiff requests the Court to enter a decree of divorce.
WHEREFORE, the Plaintiff requests this Court to:
a. Enter a final Decree of Divorce divorcing the Plaintiff from the
Defendant; and
b. Grant such further relief as it shall deem proper and just.
Respectfully submitted,
BY: Samuel W. Milkes
JACOBSEN & MILKES
52 E. High Street
Carlisle, PA 17013
(717) 249-6427
(717) 249-8427 - Fax
Attorney No. 30130
3
I hereby verify that the statements made in the foregoing 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.
U(J•
EBORAH L. SNELSON
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DEBORAH L. SNELSON,
Plaintiff
V.
ALLEN CAPRON
Defendant
IN THE COURT OF COMMON PLEAS
:CUMBERLAND COUNTY, PENNSYLVANIA
NO. 99-5622
IN DIVORCE
CIVIL TERM
1. A Complaint in Divorce under the Divorce Code under Section 3301(c) was filed on
September 14, 1999 on the grounds that the marriage of the parties is irretrievably broken.
2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety days have
elapsed from the date of tiling 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 divorce 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
unsworn falsification to authorities.
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DEBORAH L. SNELSON
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DEBORAH L. SNELSON,
Plaintiff
V.
ALLEN CAPRON
Defendant
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 99-5622
IN DIVORCE
CIVIL TERM
1. A Complaint in Divorce under the Divorce Code under Section 3301(c) was filed on
September 14, 1999 on the grounds that the marriage of the parties is irretrievably broken.
2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety days have
elapsed from the date of tiling 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 divorce decree.
4. I understand that I may lose rights concerning alimony, division of property,
lawyer's fees or expenses if 1 do not claim them before a divorce is granted.
1 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
unsworn falsification to authorities.
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ALLEN CAPRON
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DEBORAH L. SNELSON,
Plaintiff
V.
ALLEN CAPRON
Defendant
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 99-5622
IN DIVORCE
CIVIL TERM
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 decree 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 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
unsworn falsification to authorities.
Date: -( I00
ALLEN CAPRON
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DEBORAH L. SNELSON, : IN THE COURT OF COMMON PLEAS
Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA
V. : NO. 99-5622 CIVIL TERM
ALLEN CAPRON : IN DIVORCE
Defendant
1. 1 consent to the entry of a final decree of divorce without notice.
2. 1 understand that I may lose rights concerning alimony, division of property,
lawyer's fees or expenses if I do not claim them before a decree 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 tiled with the
prothonotary.
1 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
unsworn falsification to authorities.
Date: (co
21?'1G ??l ?, tiL?
DEBORAH L. SNELSON
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DEBORAH L. SNELSON, : IN THE COURT OF COMMON PLEAS
Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA
V. : NO. 99-%a'aCIVIL TERM
ALLEN CAPRON : IN DIVORCE
Defendant
WAIVER OF COUNSELING
DEBORAH L. SNELSON, Plaintiff herein, hereby states and certifies as
follows:
1. I have been advised of the availability of marriage counseling and
understand that I may request that the Court require that my spouse and I
participate in counseling.
2. I understand that the Court maintains a list of marriage counselors in the
Domestic Relations Office, which list is available to me upon request.
3. Being so advised, I do not request that the Court require that my spouse and
I participate in counseling prior to a divorce decree being handed down by the Court.
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.
Dated: !
Q-AnrN ? - I&I"-
DEBORAH L. SNELSON
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DEBORAH L. SNELSON,
Plaintiff
V.
ALLEN CAPRON
Defendant
I, Angela S. Garland, hereby certify that a true and correct copy of the
Complaint Under Section 3301(c) Or 3301(d) Of The Divorce Code in the above
captioned matter was duly served upon the Defendant, Allen Capron, by depositing it
in the U.S. Mail, certified, restricted delivery, return receipt requested, on September
15, 1999, addressed as follows:
: IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY, PENNSYLVANIA
NO. 99- 5622 CIVIL TERM
IN DIVORCE
Allen Capron
319 S. Baltimore Ave
Mt. Holly springs, PA 17065
The return receipt card was signed on September 21, 1999. The return receipt
card is attached as Exhibit "A"
I hereby verify that the statements made in the foregoing are true and correct.
1 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: /
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Z 452-46d 258
US Postal Servide
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