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HomeMy WebLinkAbout03-3954STATE OF ILLINOIS ) ) SS: CO UNT¥ OF COOK ) 12q TIlE CIRCUIT COURT OF TIlE SIXTEENTH JUDIC KANE COUNTY, ILLINOIS I ! IN RE THE MARRIAGE OF ) Da*id Suteh, ) ) ~etitioner~ ) ) - ~nd - ) ) Carissa Sutch, ) ) Respondent. ) JUDGMENT FOR DISSOLUTION OF MARRIAGE THIS CAUSE COMING ON TO BE HEARD, having b~en set before this Court on motion and the Parties having resolved their differences and having entered into a Stipulation that this cause be heard as an uncontested matter as in cases of default upon the duly verified Petition For Dissolution Of Marriage of the Petitioner, David Sutch being in open Court and represented by Mark G. Mulroe & Associates, Ltd., and the Respondent, Carissa Sutch, having had the opportunity to obtain counsel but choosing instead to proceed pro-se, and the Court having heard the evidence adduced by the Petitioner in support of the Petition For Dissolution Of Marriage, and having heard argument of counsel and being fully advised in the premises, DOTH FIND: 1. 2. That this Court has jurisdiction over the Parties and the subject matter of this cause. That the Petitioner was a resident of the State of Illinois at the commencement of this action and has been a resident for a period in excess of 90 days prior to the making of these findings. That the Parties hereto were lawfully joined in marriage on, to-wit: September 30, 1995 JDGMT- 1 in Hershey, Pennsylvania, said marriage being registered in Dauphin, Pennsylvania. That No children were bom to the Parties as a result of this marriage. No children were adopted by the Parties and the Respondent is not now pregnant. That the parties separated on or about December, 2001, have lived separate and apart for a continuous period in excess of six months and irreconcilable differences have caused~ the irretrievable breakdown of the marriage; the parties' efforts at reconciliation have failed and future attemp/s at reconciliation would be impracticable and not in the best interests of the family. The Petitioner, David Sutch is 31 years of age and is presently employed by Cadmus Communications, Richmond, Virginia, and currently resides at 580 Thomwood Drive, South Elgin, Illinois. That the Respondent, Carissa Sutch, is 32 years of age, and is presently employed by Land's End in Schaumburg, Illinois, and currently resides at 580 Thomwood Drive, South Elgin, Illinois. That the Parties hereto have entered into a written Marital Settlement Agreement concerning the questions of custody, visitation, maintenance, child support, the respective rights of each party in and to the property, income or estate which either of them now owns or may hereafter acquire, including division of ail maritai and non-maritai property, and other matters, which Agreement is incorporated into and made a part of this judgment For Dissolution Of Marriage. The Court having considered the Agreement of the Parties as submitted to the Court for its consideration and the circumstances of the Parties being established by testimony and other evidence, said Agreement and all its terms and provisions is accepted and approved by the Court. JDGMT - 2 MARITAL SETTLEMENT AGREEMENT THIS AGREEMENT, made and entered into this 25th day of June, 2002, at South Elgin, Illinois, by and between Carissa Sutch, hereinafter referred to as the "Wife", and David Sutch, hereinafter referred to as the "Husband"; WITNESSETH: That the Petitioner was a resident of the State of Illinois at the commencement of this action and has been a resident for a period in excess of 90 days prior to the making of these findings. That the Parties hereto were lawfully joined in marriage on, to-wit: September 30, 1995 in Hershey, Pennsylvania, said marriage being registered in Dauphin, Pennsylvania. That No children were bom to the Parties as a result of this marriage. No other children were bom to or adopted by the Parties and the Respondent is not now pregnant. That the parties separated on or about December, 2001, have lived separate and apart within the meaning of 750 ILCS 5/401(a)(2) of the Illinois Marriage and Dissolution of Marriage Act for a continuous period in excess of six months and irreconcilable differences have caused the irretrievable breakdown of the marriage; the partiesT efforts at reconciliation have failed and future attempts at reconciliation would be impracticable and not in the best interests of the family. The Petitioner, David Sutch is 31 years of age and is presently employed by Cadmus Communications, Richmond, Virginia, Illinois, and currently resides at 580 Thornwood Drive, South Elgin, Illinois. That the Respondent, Carissa Sutch, is 32 years of age, and is presently employed by Land's End in Schaumburg, Illinois, and currently resides at 580 Thomwood Drive, South Elgin, Illinois. The Husband has filed against the Wife an action for dissolution of marriage in the Circuit Court Of Kane County, Illinois, under Docket No. 02 D 980 and said cause is entitled, In Re The Marriage of David Sutch, Petitioner, and Carissa Sutch, Respondent. Eo The Husband has employed and had the benefit, counsel and advice of James M. Nelis, of the law firm of Mark G. Mu/roe & Associates, Ltd., as his attorney; the Wife having had the opportunity to obtain counsel, has instead chosen to proceed pro-se. The Parties acknowledge that each has been fully informed of the other Party's wealth, property, estate, and income. Each Party also acknowledges that he and she is individually conversant with all the wealth, property, estate and income of the other and that each has been fully informed of his and her respective rights in the premises. The parties have directed their attorneys not to pursue any formal discovery. Further, all records relating to the holdings, assets and property of the Parties have been fully and completely disclosed each to the other, and the opportunity for examination of pertinent documents supporting the financial status of each Party has been available to the other. MSA- 1 NOW THEREFORE, in consideration of the mutual and several promises and undertakings herein and for other good and valuable consideration, the receipt and sufficiency of wkich is hereby acknowledged, the Parties do hereby freely and voluntarily agree as follows: ARTICLE I RIGHT OF ACTION 1. This agreement is not one to obtain or stimulate a dissolution of marriage. 2. The Wife reserves the right to prosecute any action for dissolution of marriage which she has brought or may here after bring and defend any action which has been brought by the Husband or which he may hereafter bring. The Husband reserves the right to prosecute any action for dissolution of marriage which he any hereafter bring and defend the action brought or which might hereafter be brought by the Wife. ARTICLE II PROPERTY SETTLEMENT 1. The Parties hereto agree that all of the clothing, personal effects, household furniture and furnishings owned by the Parties have been divided to their mutual satisfaction, said agreement evidence by the personal property list attached hereto as Exhibit "A" and incorporated by reference herein, and further agree that each shall retain that property in his or her possession as is or her own separate property. 2. The Parties hereto agree that the Wife shall retain as her sole and exclusive property the 1995 Nissan Sentra and the Husband shall retain as his sole and exclusive property the 1998 Chevy Blazer. Each Party agrees to assume full responsibility for any loan(s) currently secured by the automobile awarded to them herein. Each Party shall hold harmless and indemnify the other from any cause, claim, suit, action, or damage whatsoever, of any kind arising from or related to the use, ownership, and possession of the automobile awarded to them herein. Each Party shall sign and execute any and all documents necessary to transfer title as set-forth herein. 3. The Parties hereto agree that ail investments, savings, checking, money market and/or other accounts have been divided to their mutual satisfaction and each shall retain those accounts in his or her possession and in his or her own name as his or her own separate property. Specifically, the parties shall divide equally the money market account, the Wife shall keep both IRA's presently in her name and the Husband shall keep both IRA's presently in his name. 4. The parties hereto agree to split equally any and all benefits acquired and accrued by the Husband during the time of the marriage from Cadmus Communications, Richmond, Virginia, through the Cadmus Thrift Savings Plan. Said sums shall be segregated as of the date of the entry of this Judgment for Dissolution of Marriage, and shall be evidenced by the entry of a separate Qualified Domestic Relations Order ("QDRO"), to be entered contemporaneously with the aforementioned Judgment, or as soon thereafter as is possible. Both parties agree to cooperate in the entry of said QDRO. MSA - 2 5. During their marriage, the Parties hereto acknowledge that they acquired certain real property commonly known as 580 Thornwood Drive, South Elgin, Kane County, Illinois (hereinafter referred to as "marital residence") and legally described as follows: LEGAL DESCRIPTION ATTACHED HERETO AS EXHIBIT B. The Parties hereto agree that the marital residence shall be immediately listed for sale and that the proceeds of said sale shall be divided between the parties equally. Both Husband and Wife shall cooperate with' the sale of said residence, and shall not unreasonably withhold their assent to any bonaftde offer for the purchase of said residence or the execution of any documents necessary in order to transfer ownership of said residence. Both parties shall have the right to remain in the marital residence until the sale of said residence is complete. 6. The parties shall be equally responsible to pay all mortgage payments, taxes and all utilities and other costs associated with the use, possession and ownership of the marital residence until such time as the residence is sold. 7. The parties hereto shall continue to share ownership of the family dog, hereinafter referred to as "Murphy," and create the following joint ownership residential schedule, to-wit: From the 1st day of January to the 30~ day of June, Murphy shall reside with the Wife. b) From the 1st day of July to the 31st day of December, Murphy shall reside with the Husband. The party whose residential period is about to commence shall be solely responsible for collecting Murphy from the other party. ARTICLE III MAINTENANCE The Parties hereto agree that at the time that this Judgment For Dissolution Of Marriage is entered, the Husband is employed by Cadmus Communications, Richmond, Virginia, and the Wife is employed by Land's End in Schaumburg, Illinois. The Parties hereto acknowledge that the Husband is economically self-sustaining and, therefore, the Husband does hereby waive any rights that he might have to collect maintenance from the Wife past, present, or future. The Wife shall be entitled to rehabilitative maintenance as set forth hereinbelow. The Wife shall receive the sum of $600.00 per month until the marital residence is sold. Thereafter, the Wife shall receive the sum of $1,000.00 per month. All such payments shall be for a period no longer than, and shall cease after, twelve months from the entry of the Judgment for Dissolution of Marriage. Should the Wife wish to acquire COBRA insurance coverage through the Husband's employer, she shall be solely responsible for the payment of any premiums accrued thereon. MSA - 3 ARTICLE IV DEBTS AND OBLIGATIONS 1. Upon the effective date of this Agreement, if not already accomplished, the Wife shall deliver to the Husband all credit cards heretofore issued or possessed by her which credit cares relate to the actual or contingent liability of the Husband and the Husband shall deliver to the Wife all credit cards heretofore issued or possessed by him which credit cares relate to the actual or contingent liability of the Wife. In the event of the use of said credit cards for any purpose subsequent to the date the Parties separated, the party incurring such indebtedness shall liquidate said debts and obligations so incurred and indemnify and hold harmless the other party thereon. 2. Except as otherwise specifically provided for in this Agreement, each party shall assume and indemnify and hold the other harmless on all debts incurred by him or her since the date of separation. ARTICLE V ATTORNEYS' FEES 1. The parties hereto agree that the Husband shall be solely responsible for any and all attorney's fees and court costs owed to Mark G. Mukoe & Associates, Ltd. incurred in connection with this litigation. ARTICLE VI TAX PROVISIONS 1. It is the intent of the parties that the transfer of marital property as set forth in these articles is an acknowledgment of their respective contribution to the accumulated marital estate. Said transfer represents a division of the common ownership of marital property all within the scope and the intent of the Illinois Compiled Statutes, Chapter 750, Section 5/503, Subsection (e), and is not intended that any transfers be a taxable event. The parties fumher acknowledge and affirm that the transfer of marital property as set forth in these articles is made in reliance upon Section 422 of the Tax Reform Act, Section 1041, which provides for the non-recognition and tax flee treatment for all inter-spousal transfers throughout the marriage and at the time of the dissolution of marriage. ARTICLE VII GENERAL PROVISIONS 1. Each of the Parties, his or her heirs, executors or administrators, upon demand of the other, at any time hereafter, shall execute and deliver to the other party, any and all insmanents and documents as may be designated herein or as may be reasonably necessary to make effective the provision of this Agreement and to release his or her respective interest in any property, real or personal, belonging to or awarded to the other, the intention being that the property settlement provided for in this Agreement shall constitute a complete adjustment of the property settlement provided for in this Agreement shall constitute a compete adjustment of the property rights of the Parties hereto. In the event a party hereto shall refuse to be incapable or unavailable to execute any MSA - 4 documents to implement and made effective the terms of this Agreement, the Court in pending proceedings between the Parties shall have the right to appoint such party as may be necessary to execute and deliver said documents or do such acts in the place and stead of the party so refusing of begin incapable or unavailable to so act. 2. Except as otherwise provided herein, each of the Parties hereto does hereby forever relinquish, release, waive and quit claim to the other party hereto all rights of dower and homestead and ail property rights and claim which he or she now has or may hereafter have, as husband, wife, widower, widow or otherwise, by reason of the marital relation now existing between the Parties hereto or by virtue of any present or furore law of any state or of the United States of America or any other country, in or to, or against the property of the other party or his or her estate, whether now owned or hereafter acquired by such other party. Each of the Parties hereto further covenants and agrees for himself and his her heirs, executors, administrators and assigns, that he or she wilt never at any time hereafter, sue the other party or his or her heirs, executors, administrators or assigns, for the purpose of enfoming any of the fights relinquished under this paragraph. 3. Each of the Parties hereto hereby waives and relinquishes all rights to act as Administrator-with-the-Will-Annexed of the estate of the other party and each of the Parties hereto does relinquish all fight to inherit by intestate succession any of the property of which the other party may die seized possessed, and should either of the Parties hereto had never been married each of the Parties hereto respectively reserving property in any way that he or she may see fit, without any restriction or limitation whatsoever. 4. The Court of entry of the Judgment For Dissolution Of Marriage shall retain the right to enforce the provisions and terms of the Agreement. IN WITNESS WHEREOF, the Husband and Wife have hereunto set their respective hands and seals the day and year first above written. David Sutch Carissa~Sutch ~' / MSA - 5 Exhibit "A" Split of Assets for David and Carissa Sutch CARISSA 1. Master bedroom furniture 2. Computer desk 3. Computer and printer 4. Filing cabinet 5. 1 reclining chair 6. old sofa and loveseat 7. 27" TV 8. Large TV Cabinet 9. VCR / DVD roach/ne (new) 10. China dishes 11. New coffee and sofa tables 12. Antique ChildDesk 13. Antique Snow Shoes 14. Antique Skis 15. Antiques in "kitchen" 16. Mt. Gretna Print 17. All prints in current office 18. Flower print in living room and specified prints in bedroom 19. Steamer 20. Juicer 21. Old Micrewave 22. ~,6 pots and pans 23. mixing bowls 24. Lamps in bedroom and Copper lamp 25. Regular set oftridem knives 26. ~A cwstal 27. 2 Mirrors Music"boom"box 29. CD's of Choice 1. Dining room set 2. Big Screen TV 3. VCK and DVD player 4. New sofa 5. Kitchen table, chairs, and stools 6. Family room oriental rug 7. Water bed and double bed 8. Old bedroom set 9. Old coffee table and sofa table 10. Old bookcases 11. Antique box (stereo) 12. Stereo and speakers 13. Antique sewing table 14. Antique tennis racket 15. Grant Park Print 16. All lower bathroom prints 17. Williamsburg and Jamaica prints t8. Crockpot 19. Blender 20. Toaster 21. Dishes 22. 'A utensils 23. Gas grill 24. Patio furniture 25. Lawnitems (mower, etc) 26. Steak knives 27. ½ crystal 28. Welcome Mirror 29. CD's of choice IT IS THEREFORE ORDERED, ADJUDGED AND DECREED, and this Court by virtue of the power and authority therein vested by the Statute in such case made and provided, does adjudge and decree as follows: That the bonds of matrimony existing between the Petitioner, David Sutch, and the Respondent, Carissa Sutch, are hereby dissolved and the Parties hereto are granted a dissolution of marriage, one from the other. That the Marital Settlement Agreement between the Parties dated the 25th day of June, 2002, is hereby approved and expressly found to be fair, reasonable and not unconscionable in its terms. The Marital Settlement Agreement and its specific terms shall merge into this Judgment For Dissolution Of Marriage and shall be subject to enforcement by this Court by way of summary proceedings pursuant to the Illinois Marriage And Dissolution of Marriage Act. The Wife shall be entitled to maintenance as set forth in the Marital Settlement Agreement. The Wife further waives any rights, other than those specifically set forth in the Marital Settlement Agreement, that she might have to collect further maintenance from the Husband past, present, or future. The Husband is employed by Cadmus Communications, Richmond, Virginia, and the Husband is economically self-sustaining and, therefore, the Husband does hereby waive any rights that he might have to collect maintenance from the wife past, present, or future. That the inchoate, or other fights of otherwise, and any right or courtesy and descent, and all other fights and claims of each party in and to the property of the other, real personal or mixed, shall be and the same are hereby forever relinquished, released, barred and ended; and that during their respective lifetimes each of the Parties hereto shall be treated and considered for all and any purposes related to his or her right, title or claim to the property of the other as if they had never been married to each other; that neither the Petitioner nor the Respondent herein shall, at any fmae hereafter, sue the other of them or his or her heirs, executors, ad~istrators or assigns, for the purpose of enforcing any or either of the rights relinquished, waived, discharged, released, barred and terminated hereunder; provided, however, that nothing herein contained shall operate or be construed as a waiver or release by either party of the obligation on the part of the other party to comply with the provisions of this Judgment For Dissolution Of Marriage and of the terms of the Marital Settlement Agreement dated the 25~ day of June, 2002, and incorporated herein. Each of the Parties shall execute, acknowledge and deliver good and sufficient instruments necessary or proper to vest titles and estates in the respective Parties hereto as provided in the Marital Settlement Agreement dated the 25th day of June, 2002 incorporated herein, and hereafter at any time and from time to time to execute, acknowledge and deliver any and all documents which may be necessary or proper to carry out the purpose of said Marital Settlement Agreement and establish or record the sole and separate ownership of the several properties of said Parties in the manner therein agreed and provided. JDGMT - 3 This Court hereby expressly retains jurisdiction of this matter for the purpose of enforcing all the singular terms and provisions of this Judgment For Dissolution Of Marriage, including all and singular terms and provisions of the Marital Settlement Agreement made in writing by and between the Parties hereto and dated the 25~ day of June, 2002, and the Parties are hereby directed and ordered to comply with the terms and conditions of said Marital Settlement Agreement. The Wife shall be entitled to regain the use of her maiden name, Nicholas. Enter: Date: James M. Nelis MARK G. MULROE & ASSOCIATES 209 S. Main Street, Suite 200 Mt. Prospect, Illinois 60056 (847) 590-1010 Attorney No. 6225721 JDGMT - 4 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff : Vs : File No. Defendant : : IN DIVORCE NOTICE TO RESUME PRIOR SURNAME Notice is hereby given that the Plaintiff/defendant in the above matter, [select one 13y marking "x"] __ prior to the entry of a Final Decree in Divorce, or ~ after the entry of a Final Decree in Divorce dated q - Z~/- ~ 2-, hereby elects to resume the prior surname of fiJ/~ Ko/~ S , and gives this written notice avowing his / her intention pursuant to the provisions of 54 P.S. 704. Date: ~-/~-0_-~"~~ '~~ ~/~ Sigrfature of name b~ing resumed com o , r oF PESNSYLV On the day ofy/,3Xff// Y4 , 200~o---:~ before me, the Prothonotary or the notary public, personally appeffred the above affiant known to me to be the person whose name is subscribed to the within document and acknowledged that he / she executed the foregoing for the purpose therein contained. In Wimess Whereof, I have hereunto set my hand hereunto set my hand and official seal. NOTARIAL SEAL Cynthia L. Dart, Notary Public South Middleton Twp., Counb/of Cumberland My Commission E??~es Aug. 14, 2004