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HomeMy WebLinkAbout03-3957THE TOWNSHIP OF EAST PENNSBORO VS. ALLEN M. DONOFRI0 Registered Owner IN THE (llmtr! (lI mmmt ]ll as OF CUMBERLAND COUNTY, PENNA. No..~..! .'......~..~..$..~...~.LD TE R M ........... EPT LIEN DOCKET THE TOWNSHIP OF EAST PENNSBORO hereby files its claim against ................................ ...~L.L..~..S...!5..,....D..0.~.O. LR.!.0. ......................................... , registered owners, and all that certain lot or piece of ground situate in East Pennsboro TownshiP, Cumberland County, Pennsylvania, on the side of OLIVER ROAD and being known and numbered as .6..S...Q.L..I...V.E.R.....R~..~....E..~...0.L~..,...!LA. ....... 1.7.Q.2_5. ....... and having thereon erected a dwelling house ................................................................ for: 1. Sewer rental for the period of 4-1-2002 to 9-30-2003 both dates being inclusive, for a total amount of $ .......... t.1.§.,.7.9. ......................... M. Sewer tap-on fee and sewer installatiOn charges as follows: The said sewer installation was completed on the ................................day of ...................................................... and duly assessed and taxed and charged as per bill and statement as follows: The said services were provided, or the installation made, by the Township of East Pennsboro and tax levied therefor in strict accordance with Ordinances Nos. 54-58 and 55-58, as amended, which Ordinances were duly ordained by the said Township on December 3, 1958. STATE OF PENNSYLVANIA COUNTY OF CLrMBERLAND SS. ROBERT L. GILL .............................................................................. being duly sworn according to law, deposes and says that he is ...................... I{AI~A~t~E. ........................................... of the Township of East Pennsboro, and that the facts set forth in the foregoing claim are true and correct to the best of his know- ledge, information and belief. .~. Sworn and subscribed to before me this ROBERT L. GILL .6~H ............. day of ..AIl~il,5~ ..................... ......... ...................... NOTARIAL SEAL HELEN M. 6RIFRIH, Notary Public MY Oorfl1111ssl~ Ex,lies HELEN T. BLOSSER, Plaintiff VS. TIMOTHY M. BLOSSER, Defendant 1N THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA : No. 03 - 3~57 Civil Term : : ACTION IN DIVORCE : MARRIAGE SETTLEMENT AGREEMENT THIS AGREEMENT · ~q , made this ~// day of between, HELEN T BLOSSE · , ~)~_~t~ ,2004, by and · R, of Camp Hill, Cumberlana c;ounty, Pennsylvania, hereinafter referred to as "WIFE", and TIMOTHY M. BLOSSER, of Carlisle, Cumberland County, Pennsylvania, hereinafter referred to as "HUSBAND"; WITNESSETH: WHEREAS, Husband and Wife were lawfully married on September 16, 1989, and; WHEREAS, there were two children born of this marriage; WHEREAS, differences, disputes, and difficulties have arisen between the parties and it is the intention of Husband and Wife to live separate and apart for the rest of their natural lives, and the parties desire to settle their respective financial property rights and obligations as between each other, including the settling of all matters between them relating to ownership and equitable distribution of real and personal property; the settling of all matters between them relating to the past, present, and future support, alimony, and/or maintenance of Husband or Wife; and in general, the settling of any and all possible claims by one against the other or agatnst their respective estates; NOW THEREFORE, Wife and Husband, each intending to be legally bound, hereby covenant and agree as follows: 1. FULL DISCLOSURE OF ASSETS. Each party warrants that he or she has made a full and fair disclosure of income, assets, and their valuation prior to the execution of this Agreement as well as any other fact relating in any way to the subject matter of this agreement. These disclosures are part of the consideration made by each party for entering into this agreement. 2. ADVICE OF COUNSEL. The Husband has employed and had the benefit or counsel of Karl Rominger, Esquire, as his attorney. The Wife has employed and had the benefit or counsel of Jane Adams, Esquire, as her attorney. Each party has carefully and completely read this agreement and has been advised and is completely aware not only of its contents but of its legal effect. 3. SEPARATION. The parties intend to maintain separate and permanent domiciles and to live apart from each other. It is the intention and purpose of this agreement to set forth their respective rights and duties while they continue to live apart from each other. Neither party shall harass, annoy, injure, threaten, or interfere with the other party in any manner whatsoever. Each party may carry on and engage in any employment, profession, business or other activity as he or she may deem advisable. Neither party shall interfere with the uses, ownership, enjoyment, or disposition of any property now owned and not specified herein or property hereafter acquired by the other. 4. SUBSEQUENT DIVORCE. The parties hereby acknowledge that Wife has filed a Complaint in Cumberland County, Pennsylvania, claiming that the marriage is irretrievably broken under the no-fault mutual consent provision of Section 3301 (c) of the Pennsylvania Divorce Code. Husband hereby expresses his agreement that the marriage is irretrievably broken and expresses his intent to execute any and all affidavits or other documents necessary for the parties to obtain an absolute divorce pursuant to Section 3301(c) of the Divorce Code. The parties hereby waive all rights to request Court Ordered counseling under the Divorce Code. The provisions of this Agreement relating to equitable distribution of property of the parties are accepted by each party as a final settlement for all purposes whatsoever, as contemplated by the Pennsylvania Divorce Code. It is specifically agreed that a copy of this Agreement or the substance of the provisions thereof, may be incorporated by reference into any divorce, judgment, or decree. This incorporation shall not be regarded as a merger, it being the specific intent of the parties to permit this Agreement to survive any judgment and to be forever binding and conclusive upon the parties. 5. DATE OF EXECUTION. The "date of execution" or "execution date" of this 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 this Agreement. All provisions of this agreement shall be effectuated by the parties within thirty (30) days of the execution date of this agreement unless otherwise specified within this agreement. 6. MUTUAL RELEASE OF ALL CLAIMS. HUSBAND and WIFE each do hereby mu[ually remise: release, quit-claim and forever discharge the other and the estate of the other, of and from any and all rights; titles, and interests, or claims in or against the property (including income and gain from property hereafter accruing) of the other or against the estate of such other, or whatever nature and wheresoever situate, which she or he 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 acts, contracts, engagements, or liabilities of such other or by way of dower or curtesy, or claims in the nature of dower or curtesy of widow's or widower's rights, family exemption 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 the decease spouse's estate, whether arising under the laws of Pennsylvania, any state, commonwealth, or territory of the United States, or any other country, or any rights which Wife may have or at any time hereafter have against the other for past, present or thture support or maintenance, alimony, alimony pendente lite, counsel fees, costs, expenses, or equitable distribution of marital property whether arising as a result of any marital relation or otherwise, 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 thereof. 7. WARRANTY OF DEBTS AND FUTURE OBLIGATIONS. Each party warrants that they have not contracted any debt or liability for thc other or which the estate of the other party may be responsible or liable, and except only for thc rights arising out of this agreement, neither party w~ll hereafter ~ncur any hability whatsoever for which thc other party or thc estate of the other party., will be liable. Each party agrees to indemnify or hold harmless from thc other and against all future obligations of every kind incurred by them, including those for necessities. 8. OUTSTANDING JOINT DEBTS. (a) Wife agrees that the following debts are her own personal responsibility and therefore agrees to completely and finally pay on the following debts and obligations. None, except as specified in Paragraph 12 of this agreement. (b) Husband agrees that the following debts are his own personal responsibility and therefore agrees to completely and finally pay on the following debts and obligations. None, except as specified in Paragraph 12 of this agreement. 9. EQUITABLE DIVISION OF MARITAL PROPERTY. The parties have attempted to distribute their marital property in a manner which conforms to the criteria set forth in 23 Pa.C.S.A. s3501 et. seq. and taking into account the following considerations: the length of the marriage, 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 earning power of the other party; the opportunity for each party for future 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 the parties established during the marriage; and the economic circumstances of each party at the time the division of property is to become eft~ctive. 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 the marital rights of the parties. 10. OTHER PERSONAL PROPERTY. Husband and Wife do hereby acknowledge that they have previously divided all their tangible personal property. Except as may otherwise be provided in this Agreement, Wife agrees that all of the property of Husband or in his possession shall be the sole and separate property of Husband; and Husband agrees that all of the property of Wife or in her possession shall be the sole and separate property of Wife. The parties do hereby specifically waive, release, renounce, and forever abandon whatever claim, if any, he or she may have with respect to the above items which shall become the sole and separate property of the other. 11. MOTOR VEHICLES. With respect to the motor vehicles, owned by one or both of the parties, they agree as follows: (a) The Toyota Camry shall be and remain the sole and exclusive property of Wife. (b) The Oldsmobile shall be and remain the sole and exclusive property of Husband. The titles to the said motor vehicles shall be executed by the parties, if appropriate for effecting transfer as herein provided, within thirty days of the execution date of this Agreement, and said executed titles shall be delivered to the proper parties on the distribution date. Each party agrees to be solely responsible for the amounts presently due and owing against his or her respective automobiles. 12. MARITAL HOME. HUSBAND and WIFE hold title as Tenants by the Entireties to the premises identified as 1669 Quail Drive, Carlisle, Pennsylvania. The parties agree as follows with respect to the marital residence: (a) The martial residence was listed for sale and an agreement has been signed by a Buyer to purchase the marital home. The settlement is currently set for September 30, 2004. (b) The parties separated on August 9, 2003. As of the date of separation, and until the date of sale, and without regard to when such bills for such items were incurred, received, or due, Husband shall be solely responsible for all liabilities associated or attributable to maintaining the marital residence except as provided herein. Husband shall keep Wife and her successors, assigns, heirs, executors, and administrators indemnified and held harmless from any liability, cost or expense, including attorney's fees, which are incurred in connection with such maintenance, costs, and expense. (c) Upon the sale of the marital home, all proceeds shall be paid towards outstanding mounts owed regarding the parties' Chapter 13 bankruptcy. Any proceeds over and above this amount will be divided equally between the parties. (d) If the amount due on the parties' Chapter 13 bankruptcy exceeds the amount of the proceeds from the marital home, the parties will cooperate with their bankruptcy attorney in equally dividing this remaining debt so the parties can pay their remaining outstanding amounts separately. (e) If for any reason whatsoever, the marital home is not sold pursuant to the current sales agreement, Husband will cooperate and take all steps necessary to sell the marital home promptly. Such actions may include but are not limited to signing a Power of Attorney so that the marital home could be sold if he is engaged in military service. 13. MUTUAL WAIVER OF EMPLOYMENT BENEFITS. The parties agree to waive any and all fights they have in and to each other's employment benefits, including but not limited to both parties pensions and retirement plans and Incentive Savings Plans. The parties agree never to assume any claim to such benefits of the other at any time in the future. 14. ALIMONY, ALIMONY PENDENTE LITE and LEGAL FEES. Each party hereby waives any right to spousal support, alimony, or alimony pendente lite, and each party agrees to he responsible for his or her own legal fees and expenses. The parties herein acknowledge that by this Agreement, they have respectively secured and maintained a substantial and adequate fund with which to provide for themselves sufficient financial resources to provide for their comfort, maintenance, and support in the station of life to which they are accustomed. Wife and Husband do hereby waive, release, and give up any rights they may respectively have against the other for alimony, support, or maintenance. It shall be from the execution of this Agreement the sole responsibility of each of the respective parties to sustain themselves without see[lng any support from the other party. Ail alimony to be paid under this agreement shall terminate upon the recipient's remarriage or cohabitation with a person of the opposite sex. 15. INCOME TAX RETURNS. Husband and wife represent to each other that to the best of their knowledge all federal, state, and local taxes required to paid with during the marriage and during the periods covered by such tax returns have been paid. Husband and Wife further represent that there are no tax deficiencies proposed or assessed against Husband and/or Wife for such periods, and neither Husband nor Wife executed any waiver of the Statute of limitations on the assessment or collection of any tax for such periods. If any deficiency in federal, state, or local income taxes is proposed, or any assessment of any such tax is made against the other party by reason of his or her having joined in the filing of joint federal, state or local income tax returns, Husband and Wife shall indemnify and hold harmless the other against and from any and all tax, interest, penalty, or expense relating from any such tax deficiency, including reasonable counsel and accounting fees, and such tax, interest, and penalties or expenses shall be paid solely and entirely by the responsible party as determined to be attributable to that party on account of misrepresentation or failure to disclose relevant information of income on the aforesaid joint returns. 16. HIGHER EDUCATION. Husband and Wife agree to be equally responsible for the reasonable cost of undergraduate college education or post high-school vocational training for their children, including, but not limited to the following: tuition, room, boards, books, supplies, fees, transportation, and clothing. 17. 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 stone or similar nature. 18. 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. Husband and Wife both indicate their intention to sign an Affidavit of Consent and Waiver of Notice regarding this matter. 19. APPLICABLE LAW. The Agreement shall be construed in accordance with the laws of the Commonwealth of Pennsylvania which are in effect as of the date of execution of this Agreement. 20. INTEGRATION. This Agreement constitutes the entire understanding of the parties and supersedes any and all prior agreements or negotiations between them. There are no representations or warranties other than those expressly set forth herein. 21. OTHER DOCUMENTATION. Wife and Husband covenant and agree that they will forthwith execute any and all written instruments, assignments, releases, satisfactions, deeds, notes, or such other writings as may be necessary or desirable for the proper effectuation of this Agreement. Husband shall provide Wife with a copy of his military Orders upon receipt. 22. NO WAIVER OF DEFAULT. This Agreement shall remain in full force and effect unless and until terminated under and pursuant to the terms of this Agreement. The 1hilure 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 default or breach of any provision hereof by construed as a waiver of any subsequent default or breach of the same or similar nature, not shall it be construed as a waiver or strict performance of any other obligations herein. 23. 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 provisions shall be stricken from this Agreement; and in all other respects, this Agreement shall be valid and continue in full force, effect, and operation. Likewise, the failure of any party to meet his or her obligations under any one or more of the paragraphs herein, with the exception of the satisfaction of the conditions precedent, shall in no .way avoid or alter the remaining obligations of the parties. 24. BREACH. If either party breaches any provisions of this agreement, the other party shall have the right, at his or her election, to sue for damages :for such breach, or seek other remedies or relief as may be available to him or her, and the party breaching this contract should be responsible for payment of legal fees and costs incurred by the other in enforcing their rights under this agreement. 25. INFORMED AND VOLUNTARY EXECUTION. Each party to this agreement ack.nowledges that he or she is fully informed as to the facts relating to the subject matter of this agreement, is entering into this agreement voluntarily, free from fraud, undue influence, coercion or duress of any kind, has given careful thought to the making of this agreement, has carefully read each provision of this agreement, and fully and completely understands each provision of this agreement. 26. SOLDIERS AND SAILORS RELIEF ACT. Husband is a member of the National Guard and is currently scheduled to be deployed in October 2004. For the purposes of finalization of the Divorce only, Husband waives the right to invoke a stay of these proceedings under the Soldier's and Sailor's Relief act. Both parties agree that they are seeking a final resolution to this matter, and will promptly sign all necessary documents to request a final Divorce Decree in this matter, including Affidavits of Consent and Waivers of Notice. 1N WITNESS WHEREOF, the parties have hereunto set their hands and seals the day and year first above written: WITNESS: Date:/O- q. OV //~ar~e//Adams, Esquire 36/S. Pitt St. {x.jCarlisle, Pa. 17013 (717) 245-8508 ATTORNEY FOR WIFE HELEN T. BLOSSER TIMOTHY'M.-BLOSSE41~usband Karl Rominger, Esquire 155 S. Hanover St. Carlisle, Pa. 17013 (717) 241-6070 ATTORNEY FOR HUSBAND TIMOTHY M. BLOSSER HELEN T. BLOSSER, Plaintiff VS. TIMOTHY M. BLOSSER, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No. 03 - 30057 Civil Term : : ACTION IN DIVORCE : AFF____IDAVIT OF CONSENT 1. A complaint in divorce under section 3301(c)of the Divorce Code was filed on August 8, 2003. 2. The marriage of Plaintiffand Defendant is irretrievably broken and ninety days have elapsed from the date of the filing and service of the Complaint. 3. I consent to the entry of a final decree of divorce ai~er service of notice of intention to request entry of the decree. I verify that the statements made in this affidavit are true and correct. I also understand that statements herein are made subject to the penalties authont es. of 8 Pa C S 4904 rein-: ~ fa se · ' · · . r, ,~fm0ng to unswom falsification to Timothy M. ss ant WAIVER OF NOTICE OF INTENTION ~TRY OF A DIVORC ..... ~ ~'~ vUKCE CODE 1. I consent to 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 ifl do not claim them before a divorce is granted. 3. 1 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 thls.a(~!avlt are tm~ and corre . I u, nd.ersta~.d that fal tements herein are made subject to the penalties of 18 Pa CS §4904 relat,~oCu°nrr~m ,alSlfi;;i~rl~l:~s. HELEN T. BLOSSER, Plaintiff vs. TIMOTHY M. BLOSSER, Defendant : 1N THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : No. 03 - 3857 Civil Term : : ACTION IN DIVORCE : AFFIDAVIT OF CONSENT 1. A complaint in divorce under section 3301(c) of the Divorce Code was filed on August 8, 2003. 2. The marriage of Plaintiffand Defendant is irretrievably broken ,and ninety days have elapsed from the date of the 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. I verify that the statements made in this affidavit are true and correct. I also understand that false statements herein are made subject to the penalties of 18 Pa.C.S. 4904, relating to Unsworn falsification to authorities. ....... .~ u uv I tie DIVORCE CODE 1. I consent to 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 ill do not claim them before a divorce is granted. 3. I understand that 1 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 ar here'n are made sub'ect to th · e true and correct, l and 'J e penalties of l 8 Pa.C.S. §4904 relati ....... .erstand that false statements ,,$ t~, u.swom ~a~s~fication to authorities. Date: ' -' ~ EAST PENNSBORO TOWNSHIP VS. ALLEN M. DONOFRIO In the Court of Common 'Pleas of Cumberland County, Pennsylvania Judgment in favor of Plaintiff on ..................... ................................ for $ 6_1.6 ~_7_9 No ......... 0_3_-_p?~_L~p__ Te~m, 2_9p_3__ Entered .......... _A- Ug.u__s _t_ _ 1_ 3_,_ __29_0_3_ .......... EAST PENNSBORO TOWNSHIP ................................................................................................... Plaintiff in thc above Judgmcnt, do appcar and acknowledge that ON this day have had and received and from .... _A_L_L_E_N__aL_PP~_OFg!P_ .......................................................................... *d~e defsndant in thc above Judgment, full payment and saisfaction of thc same, with interest and costs, and desired that satisfaction therefore shall be entered upon the records thereof. And further, CURTIS R. LONG I do hereby authorize and empower ..................................................... .................... theProthonotary of said Court, to appear FOR ME and in MY name and stead to enter full satisfaction upon the record of said Judgment, as fully and effectually, to all intents and purposes, as I could were I personally present in person to do so. And for so doing this shall be your sufficient warrant of authority. 3rd In testim, ony whereof, I have hereunto set our hands and seals this ..................................... day of .......................... ~o_y?~_~_~ ......... , ^.D. -2-993-' .............................................. (Seal) ROBERT L. GILL .............................................. (Seal~ State of Pennsylvania County of Cumberland, ............................................... (Seal) Personally appeared before me, the subscriber, R__O~_I~,._T_ _L_~__G_LL_L_~___M6!q__AG__E_R__0__F__E_&S_T__KE__N~__S_B_p~_~p_~IP ......................................................................................... the Plaintiff in the above Judgment, and in due form of law acknowledged the w/thin and foregoing Power of Attorney to satisfy the Judg- ment set forth, to be HIS act and deed, and desired that d~c same shall be filed of record in the office of the Prothon- otary of the Court of Common Pleas of said County. In testimony whereof, I have hereunto set my hand and seal this ........ _3_r_d_ ............................... day of ................. NOVEMBER A.D. 2004 NOTARIAL SEAL ~_ ~ ~ TRAGEY ~, FA~NER, N~t2~y Public ....................... (Se~I) Enola, Cumberland County My Commission Expires May 2, 2005