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HomeMy WebLinkAbout99-06235 A , IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY STATE OF PENNA. !* v ?m r LINDA K. DELLINGER J`r r No. 99-6235 VERSUS CRAIG A. DELLINGER DECREE IN DIVORCE AND NOW IT IS ORDERED AND DECREED THAT LINDA K. INGER PLAINTIFF, AND CRAIG A. DELLINGER ARE DIVORCED FROM THE BONDS OF MATRIMONY. ,DEFENDANT, 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 OTHONOTARY I MARITAL SETTLEMENT AGREEMENT THIS AGREEMENT is made this L5t`'day of lbhi& 1999, by and between LINDA K. DELLINGER, "Wife;" and CRAIG A. DELLINGER, Husband,". WHEREAS, the parties were married on February 26, 1972, and have remained married since that time; and WHEREAS, certain differences have arisen between the parties and, as a consequence, they plan to live 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: 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 and after due deliberation. 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, or has had the opportunity to become familiar with, the wealth, property, state, and income of the other, and each party is hereby satisfied that such information known to him or her is true and correct. 2. LEGAL ADVICE: The parties acknowledge that Wife has been represented by Andrea C. Jacobsen, Esq., JACOBSEN & MILKES, as counsel in this matter, and that Husband is represented by, 161(' Husband and Wife each acknowledge that they have received, or have had the opportunity to e receive, independent legal advice from counsel of her or his selection prior to the execution of this Agreement. 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 his or her legal rights and obligations. 3. SEPARATION AND NON-INTERFERENCE: It shall be lawful for Husband and Wife at all times hereafter to live separate and apart from each other and to reside from time to time at such place or places as they shall respectively deem fit, free from 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. 4. DIVORCE ACTION: The parties acknowledge that an action for divorce between them has been or is to be filed by Wife in the Cumberland County Court of Common Pleas. The parties hereby acknowledge their intention and agreement to proceed with a divorce action, and 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 intend to execute, after the appropriate waiting period, the necessary Affidavits of Consent for the entry of a final divorce decree incorporating the terms of this Agreement. 6. TRANSFER OF VEHICLE TITLES: a. The parties agree that Husband shall immediately transfer to Wife title of the jointly owned 1996 Dodge Neon, or shall grant unto Wife a Power of Attorney authorizing her to transfer the vehicle to her name. b. The parties agree that Husband shall immediately transfer to Wife title of the jointly owned 1999 Dodge Stratus, or shall grant unto Wife a Power of Attorney authorizing her to transfer the vehicle to her name. c. The parties agree that Wife shall immediately transfer to Husband title of the jointly owned 1998 Avenger, or shall grant unto Husband a Power of Attorney authorizing him to transfer the vehicle to his name. 6. PERSONAL PROPERTY: a. The parties acknowledge that there has been some distribution of their items of personal, tangible and intangible property, between them since their separation, and, except as otherwise provided for in this Agreement, or as may be mutually agreed upon by the parties, each agrees that the division of such property is to their mutual satisfaction and each party shall retain and enjoy full ownership of any and all such personal property now in his/her possession or control. b. Except as otherwise provided for within this Agreement, each of the parties shall hereafter own and enjoy, independently of any claim or right of the other party, all items of personal, tangible and intangible property now or hereafter owned or held by her or him with full power to dispose of the same effectively and for all purposes as if she or he were unmarried. 3 7. REAL PROPERTY. a. The parties acknowledge that they jointly own a residence and real property at 335 Oak Fiat Road, Newville, Cumberland County, Pennsylvania, which is marital property. Since separation, Husband has enjoyed exclusive possession of the said premises, and has paid all tax assessments, liens, mortgages and home equity lonn indebtedness, and other obligations related to the property during the period of his residency. With regard to such payments made by Husband to date, and as to all future obligations and expenses related to the said premises, Husband hereby releases Wife from any claim of contribution, and indemnifies Wife and holds her harmless with regard to the obligations of the property. b. In consideration of Husband's covenants under this Agreement Wife agrees to release to Husband any interest title or claim she may have in property at 335 Oak Flat Road, Newville, Cumberland County, Pennsylvania, and is executing simultaneously with this Agreement a Deed to confirm such release. c. Husband agrees that upon execution of this Agreement he shall immediately refinance the existing mortgage loan on the property into a new obligation in his name alone. d. The parties acknowledge and certify they own no other real property either jointly or individually. 4 8. PAYMENT TO WIFE: As a means of distributing the financial interests of the parties not addressed more specifically in this agreement, Husband agrees to pay Wife the sum of FORTY THOUSAND ($40,000) DOLLARS, within seven (7) days of the execution of this Agreement. 9. ALIMONY: The parties agree there is no alimony or spousal support to be paid by either, and each party hereby waives any claim for such. 10. COUNSEL FEES AND COSTS: The parties agree that they shall share equally the costs associated with the intended divorce action, including filing fees and legal fees, the cost of preparation and review of this Agreement, and the costs associated with the transfer of title of the real property and the motor vehicles of the parties. 11. HEALTH INSURANCE: The parties agree that neither has any obligation to provide the other with any health insurance coverage, at the present time, or in the future. 12. DEBTS OF THE PARTIES: a. The parties certify and acknowledge that they have at this time no joint debts or liabilities aside from the real estate indebtedness for the marital real estate referenced above, which will be satisfied by Husband. b. The parties agree that they will not in the future contract or incur any debt or liability for which the other party, his or her property or estate, might be responsible and each further agrees to indomnify and save 5 harmless the other party against any claims that may be asserted by anyone against the other party by reason thereof. c. Each party is solely liable for any and all debt in her or his name, and agrees to hold the other party harmless for any debt which may accrue to the non-liable party, as a result of her or his indebtedness. 13. PENSION RIGHTS AND BENEFITS: Wife agrees to release to Husband, and Husband agrees to release to Wife, all claim, or interest in the other's retirement or pension accounts or benefits under the Federal Employees Retirement System or under the United States Civil Service. The parties further agree that they shall each waive any and all claims to or interest in any pension rights or retirement funds of the other party. 14. 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. 15. 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. 6 16. MUTUAL RELEASE AND COUNSEL FEES: Except as provided for in this Agreement, the parties hereby remise, release, quitclaim 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 or 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. Each party hereto agrees that she or he shall individually be responsible for any and all counsel fees and expenses incurred by him or her in connection with the preparation of this Agreement and the divorce between the parties. 17. 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. 18. RECONCILIATION: The parties agree that in the event of it reconciliation between them, this Agreement shall continue in full force and effect unless terminated by mutual written consent. 19. 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 7 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. 20. ENFORCEMENT: The parties agree that this Agreement or any part or parts hereof may be enforced in any court of competent jurisdiction. 21. 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. 22. 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. 23. 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. 8 IN WITNESS WHEREOF, the parties hereto have set their hands and seals as of the day and year first above written. LINDA K. DELLING A - , , 11L J. CRAI A. DELLLINGE COMMONWEALTH OF PENNSYLVANIA : : SS: COUNTY OF CUMBERLAND On this, the day of D4,acr , 1999, before me, a Notary Public in and for the aforesaid Commonwealth and County, personally appeared CRAIG A. DELLINGER, 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 WHEREOF, I hereunto set my hand and official seal. NOTARY PUBLIC My Commission Expires: ?v .? Notarial Seal Karen Kay BucNlay. Notary PubAC South Middleton Twp., Y mberland Coin My Commlasbn Explrea June 29.200 9 COMMONWEALTH OF PENNSYLVANIA : : SS: COUNTY OF CUMBERLAND . On this, tho LS day of Octo se 1999, before me, a Notary Public in and for the aforesaid Commonwealth and County, personally appeared LINDA K. DELLINGER, 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. NOTARY P C My Commission Expires: Mmu R ME to } ^i t x, iZ? C% I Cpl j _. 1 i i t U , 1' LINDA K. DELLINGER Plaintiff V. CRAIG A. DELLINGER, Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA NO. 99- 6235 IN DIVORCE CIVIL TERM 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 the divorce is irretrievable breakdown under Section of 3301(c) of the Divorce Code. 2. Defendant was served with the Divorce Complaint by certified mail, return receipt, and the return receipt card was signed by the Defendant on October 15, 1999. 3. Plaintiffs Affidavit required by Section 3301(c) of the Divorce Code was executed by the Plaintiff on February 4, 2000.00. 4. Defendant's Affidavit required by Section 3301(c) of the Divorce Code was executed by the Defendant on FoLruary 9, 2000. 5. There are no related claims pending. The parties agree to the entry of the Marital Settlement Agreement dated October 15, 1999, to be incorporated into the final Decree of Divorce between them. Respectfull submitted, ANDREA ACOBSEN, Esquire JACOBSEN & AlILKES fit E. High Street Carlisle, PA 17013 (717)249.0427 Attorney for Plaintiff SD LINDA K. DELLINGER Plaintiff V. CRAIG A. DELLINGER, Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA NO. 99. &-"CIVIL TERM : IN DIVORCE NOTICE TO DEFEND AND CLAIM RIGHTS You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take prompt action. You are warned that if you fail to do so, the case may proceed without you and a decree of divorce or annulment may be entered against you by the Court. A judgment may also be entered against you for any other claim or relief requested in these papers by the Plaintiff. You may lose money or property or other rights important to you, including custody or visitation of your children. When the ground for the divorce is indignities or irretrievable breakdown of the marriage, you may request marriage counseling. A list of marriage counselors is available in the Office of the Prothonotary, 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 , LINDA K. DELLINGER : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 99- G) 3' CIVIL TERM CRAIG A. DELLINGER, : IN DIVORCE Defendant COMPLAINT IN DIVORCE 1. Plaintiff is LINDA K. DELLINGER, presently residing at 403 S. Baltimore Street, Apartment R, Dillsburg, Cumberland County, Pennsylvania, 17019. 2. Defendant is CRAIG A. DELLINGER, presently residing at 335 Oak Flat Road, Newville, Cumberland County, Pennsylvania, 17241. 3. Plaintiff has been it 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 on February 26, 1972. b. 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 it member of the Armed Forces of the United States of America. 7. Plnintiff 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. Plaintiff requests the Court to enter a decree of divorce. 9. WHEREFORE, the Plaintiff requests this Court to: a. Enter a final Decree of Divorce divorcing the Plaintiff from the Defendant; C. Grant such further relief, as it shall doom proper and just. Respectfully submitted, C0`- C BY: Andrea C. bsen JACOBSEN & MILKES 62 E. High Street Carlisle, PA 17013 (717) 249.6427 (717) 249.8427 - Fax Attorney No. 20962 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. Date: a -r / - q9 LINDA K. DELLING R 5 b V V b Q .,.. ~ CV ra w i=`i •T{ t C j ii. CL k : C? . 1??, ? tO cn U r LINDA K. DELLINGER : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA v. : NO. 99- t?02 3CIVIL TERM CRAIG A. DELLINGER, : IN DIVORCE Defendant : I, Craig A. Dellinger, confirm that I received and accepted service of the Divorce Complaint filed in this matter, and I assert that I am the Defendant in this action. Date I received Divorce Complaint f 1999, Date I am signing this document 1999. Craig . Dollinger 335 Oak Flat Road Newvillo, PA 17241 d W N . t G F c n C n va efa' 5 ¢4? 3 1 Sk ? y 2. kY ? W L } µ LINDA K. DELLINGER : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 99-6235 CIVIL TERM CRAIG A. DELLINGER, ; IN DIVORCE Defendant AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under the Divorce code was filed on October 12, 1999. and an Acceptance of Service was signed on October lb. 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 filing and service of the Complaint. 3. I consent to the entry of a final decree of divorce. 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. Date: 2 - 1/- Q Q LDA I{. DILLING `LO cc Lo r ? FEB - 8 2000 LINDA K. DELLINGER Plaintiff V. CRAIG A. DELLINGER, Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA NO. 00-6236 CIVIL TERM IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER §3301(c) OF THE DIVORCE CODE 1. I consent to the entry of a final decree of divorce without notice. 2. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if I do not claim them before a divorce is granted. 3. I understand that I will not be divorced until a divorce decree is entered by the Court and that a copy of the decree will be sent to me immediately after it is filed with the prothonotary. I verify that the statements made in this affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. §4904 relating to unsworn falsification to authorities. Date: 2 - - 0 0 ?L- J, LINDA K. DELLINGEI ti tr W )'r r? j' Ill :ll 11 ?J CJ 6. n FEB - 9 2000 LINDA K. DELLINGER : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 99-6235 CIVIL TERM CRAIG A. DELLINGER, : IN DIVORCE Defendant AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under the Divorce code was filed on October 12, 1999, and an Acceptance of Service was signed on October 15. 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 filing and service of the Complaint. 3. I consent to the entry of a final decree of divorce. 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. Dnte• 07,0C) -A, al- CRA164. DE LINGER r 7 ?J „T .r _ i J}.. 1 fit - 9 2000 LINDA K. DELLINGER Plaintiff V. CRAIG A. DELLINGER, Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA NO. 99-6235 CIVIL TERM IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER §3301(c) OF THE DIVORCE CODE 1. I consent to the entry of it final decree of divorce without nntice. 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: 0"'t -Oq -UO 6?lzq- 4, /(X CRAIG/A. DEV NGE L„s ? `' (', LINDA K. DELLINGER Plaintiff V. CRAIG A. DELLINGER, Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA NO. 99- 4-?3$ CIVIL TERM IN DIVORCE WAIVER OF COUNSELING LINDA K. DELLINGER, 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 it 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. v ` Dated: -10-/l- g9 ! I DA K. DELLINGE 4 ?? ?- ,_. U.In CV _i_f ? ;f, ; F?' F:. r C:. .-1 .1 ` l?-. 1?j i?l =- '7n J "" -' ' c. ?.. u. r 4 O n J ? ?