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HomeMy WebLinkAbout92-3431.. :. .~ .. •. .. ~' I N THE COURT OF COMMON PLEAS .. .. OF CUMBERLAND COUNTY ,. .. .. ~ STATE OF PENNSYLVANIA °', y ., .-XVON-N~---M-•--.MAX,---- -- ---- - ~ --------~ NO...-3431........... CIVIL....1992 Plaintiff % %~ Versus ~ JAMES E . MAY , -__---. II Defendant ,~ 1y. DECREE 1N ~~ ,. .. DIVORCE .- ~' AND NOW, ........~~~.... z ~.~ .. 19 ..`~~. it is ordered and ` decreed that YVONNE M. MAY , , , , , , , , , , , , , , plaintiff, and ............................................ ~ ... • ..... • ...JAMES E MAY .... . .. ..... . . . . . defendant, f:. are divorced from the bonds of matrimony. The Marital Settlement `•` £~ Agreement between the parties dated September 30, 1992, is incorporated herein by reference., 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 .< c been entered; '~ ;, ,,; ~ None ,. .. __ F I ~ ,„ ~ - Qy T Court r .' / ~i ~; ~ ,/ Attest. J. -~ - Prothonotary P /~ i . hi-::"!IG. "~--:: tiE•..:rllPn. "' .~t . , .JL••:: iFr ::~~IG-::AID+.'~31d•.+JI'v-.: '~*+; :~i ::..~ •:.. ~ • ~}.: ~.A •.: ; i1G .. ~:A •' :~~M.• , .+- ~ :>:A ~ •- :f.A.• ~ 1 •.: ~ .:. ;~- .;~G:. ~ S i ~ ~ ! f ~ ~ ~ ~~ ~ C~=w.-~.jsyz. MARITAL SETTLEMENT AGREEMENT THIS AGREEMENT, made this .~~~ ' ~ day of ~~;''~'" `` , 1992, by and between YVONNE M. MAY, now of Camp Hill, Cumberland County, Pennsylvania, hereinafter referred to as to "Wife", - A N D - JAMES E. MAY, now of Camp Hill, Cumberland County, Pennsylvania, hereinafter referred to as "Husband", WITNESSETH: WHEREAS, Husband and Wife were lawfully married on March 22, 1969, in Harrisburg, Dauphin County, Pennsylvania; and WHEREAS, three children were born of this marriage: TODD MAY, born on July 17, 1969; MICHAEL MAY, born on July 10, 1971; and MICHELLE MAY, born on August 28, 1973; and WHEREAS, diverse unhappy marital difficulties have arisen between-the parties, causing them to believe that their marriage is irretrievably broken, as a result of which they have separated and now live separate and apart from one another, the parties being estranged due to such marital difficulties with no r ~ 1 ~ F ' Y ~ f y,~ reasonable expectation of reconciliation; and the parties hereto are desirous of settling fully and finally their respective financial and property rights and obligations as between each other, including, without limitation by specification: the settling of all matters between them relating to the ownership of real and personal property; the settling of all matters between them relating to the past, present, or future support and/or maintenance of Wife by Husband or of Husband by Wife; and in general, the settling of any and all claims and possible claims by one against the other or against their respective estate, particularly those responsibilities and rights growing out of the marriage relationship; and WHEREAS, both Husband and Wife have been fully, separately and independently advised of their legal rights and obligations, and the provisions of this Agreement and their legal effect have been fully explained to the parties by their respective counsel. The Wife has employed and had the benefit of counsel of CONSTANCE P. BRUNT, ESQUIRE, as her attorney. The Husband has employed and had the benefit of counsel of PATRICIA A. MILES, ESQUIRE, as his attorney. Each party acknowledges that he or she has received independent legal advice from counsel of his or her selection and that each fully understands the facts and has been fully informed as to his or her legal rights and obligations, and each party 2 ~ ~ ~ ~ ~ ~• acknowledges and accepts that this Agreement is, under the circumstances, fair and equitable, and that it is being entered into freely and voluntarily after having received such advice and with such knowledge, and that execution of this Agreement is not the result of any duress or undue influence and that it is not the result of any collusion or improper or illegal agreement or agreements. In addition, each party hereto acknowledges that he or she has been fully advised by his or her respective attorney of the impact of the Pennsylvania Divorce Code, whereby the Court has the right and duty to determine all marital rights of the parties, including divorce, alimony, alimony pendente lite, equitable distribution of all marital property owned or possessed jointly or individually by the other party, counsel fees and costs of litigation, and, fully knowing the same and being fully advised of his or her rights thereunder, each party hereto still desires to execute this Agreement, acknowledging that the terms and conditions set forth herein are fair, just and equitable to each of the parties, and waives his and her respective right to have the Court of Common Pleas of Cumberland County or any other court of competent jurisdiction make any determination or order affecting the respective parties rights to a divorce, alimony, alimony pendente lite, equitable distribution of all marital property, counsel fees and costs of litigation. 3 } NOW THEREFORE, in consideration of the premises and of the promises, covenants and undertakings hereinafter set forth and for other good and valuable consideration, the receipt of which is hereby acknowledged by each of the parties hereto, Husband and Wife, each intending to be legally bound hereby, covenant and agree as follows: 1. SEPARATION. It shall be lawful for each party at all times hereafter to live separate and apart from each other, at such place or places as he or she may, from time to time, choose or deem fit. Each party shall be free from interference, authority or contact by the other, as fully as if he or she were single and unmarried, except as may be necessary to carry out the provisions of this Agreement. Neither party shall molest the other or attempt to endeavor to molest the other, nor compel the other to cohabit with the other, or in any way harass ar malign the other, nor in any way interfere with the peaceful existence, separate and apart from the other. 2. SUBSEQUENT DIVORCE. The parties acknowledge that their marriage is irretrievably broken and that they desire to pursue a mutual consent, no-fault divorce under the provisions of § 3301(c) of the Pennsylvania Divorce Code. Immediately following the execution of this Agreement, Wife shall initiate a 4 _a .~ ~ c t a modification or revision thereof shall alter, amend or vary any term of this Agreement, whether or not either or both of the parties shall remarry, it being understood by and between the parties hereto that this Agreement shall survive and shall not be merged into any decree, judgment, or order of divorce or separation. Notwithstanding the provisions of the Pennsylvania Divorce Code or of any law to the contrary, none of the terms and provisions of this Agreement shall be subject to modification by the Court or in any fashion other than as set forth hereinafter. It is specifically agreed, however, that this Agreement shall be subject to enforcement under the provisions of the Pennsylvania Divorce Code or, in the alternative, by a suit against the alleged breaching party either in law or in equity, at the option of the aggrieved party. 3. EFFECTIVE DATE. The effective date of this Agreement shall be the "date of execution" or "execution date", 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. 6 . ~ • ~ 4. DEBTS AND OBLIGATIONS. r ~ ~ ~ ~ ~ The parties each agree to assume sole responsibility for any debts or obligations incurred by that party at any time in his or her individual name. Each party shall indemnify and save the other party harmless from any and all claims or demands made against the other party by reason of such debts or obligation. 5. MUTUAL RELEASES. Husband and Wife do hereby mutually remise, release, quit-claim or forever discharge the other and the estate of such other, for all time to come, and for all purposes whatsoever, from any and all rights, title and interest, or claims in or against the estate of such other, of whatever nature and wherever situate, which he or she 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, or 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 a deceased 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 either party may now have or at any time hereafter have for past, present or future support or maintenance, alimony, alimony pendente lite, counsel fees, costs or expenses, whether arising as a result of the 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 provision hereof. It is the intention of Husband and Wife to give to each other by the execution of this Agreement a full, complete and general release with respect to any and all property of any kind or nature, real, personal or mixed, which the other now owns or may hereafter acquire, 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 provision hereof. 6. DIVISION OF HOUSEHOLD AND PERSONAL PROPERTY. The parties hereto have divided between themselves, to their mutual satisfaction, all items of tangible and intangible marital property. Husband shall receive as his sole and separate property those items of household furnishings and personal property listed on Schedule "A" attached hereto. Wife shall receive as her sole and separate property all of the household furnishings and personal property listed on Schedule "B" attached 8 ' . ~\ ~ '~~ . • ~ hereto. Neither party shall make any claim to any of the items listed on the other party's schedule of assets as set forth above or to any other items of marital property which are naw in the possession and/or under the control of the other party. Should it become necessary, the parties each agree to sign, upon request, any titles or documents necessary to give effect to this paragraph. Property shall be deemed to be in the possession or under the control of either party if, in the case of tangible personal property, the item is physically in the possession or control of the party at the time of the signing of this Agreement, and in the case of intangible personal property, if any physical or written evidence of ownership, such as passbook, checkbook, policy or certificate of insurance or other similar writing is in the possession or control of the party. Anything to the contrary contained herein notwithstanding, Husband and Wife shall be deemed to be in the possession and control of any pension or other employee benefit plans or other employee benefits of any nature to which either party may have a vested or contingent right or interest, apart from the provisions of the Divorce Code, at the time of the signing of this Agreement. 7. REAL ESTATE. The parties acknowledge that they. are the joint owners of a marital residence situate at 63 South 36th Street, Camp Hill, Cumberland County, Pennsylvania. The 9 ~ ` ~• t ~ • T r • I ~ ~ ~ Wife shall retain possession and ownership of the 1980 Chevrolet and the 1984 Chevrolet Cavalier, which are presently in her possession, free and clear of any claim, right, title or interest in said vehicles on the part of Husband. 9. DISTRIBUTION OF CASH ASSETS. STOCKS AND BONDS. The parties shall each retain as their sole and separate property any and all cash assets of any nature, stocks and bonds presently held in his or her individual name, free and clear of any claim by the other party. 10. ADDITIONAL INSTRUMENTS. Each of the parties shall, from time to time at the request of the other, execute, acknowledge and deliver to the other party any and all further instruments or documents as may be reasonably required to give full force and effect to the provisions of this Agreement. 11. MODIFICATION AND WAIVER. A modification or waiver of any of the provisions of this Agreement shall be effective only if made in writing and executed with the same formality as this Agreement. The failure of either party to insist upon the strict performance of any of the provisions of this Agreement shall not be construed as a waiver of any subsequent default of the same or similar nature. 11 w •~ ~ i 1 ~ ~ 12. ENTIRE AGREEMENT. This Agreement contains the entire understanding of the parties, and there are no representations, warranties, covenants or undertakings other than those expressly set forth herein. 13. DESCRIPTIVE HEADINGS. The descriptive headings used herein are for convenience only. They shall have no effect whatsoever in determining the rights ar obligations of the parties. 14. INDEPENDENT SEPARATE COVENANTS. It is specifically understood and agreed by and between the parties hereto that each paragraph hereof shall be deemed to be a separate and independent agreement. 15. BREACH. If either party breaches any provision of this Agreement, the other party shall have the right, at his or her election, to sue for damages for such breach or to seek such other remedies or relief as may be available to him or her, and the party breaching this contract shall be responsible for payment of legal fees and costs incurred by the other in enforcing their rights under this Agreement or in seeking such other remedies or relief as may be available to him or her. 12 r r ~ • COMMONWEALTH OF PENNSYLVANIA ss. COUNTY OF DAUPHIN _._.. ~ -~ ~ , _~ On this _,~ day of ~_ , 199., before me, the undersigned officer, personally appeared YVONNE M. MAY, known to me (or satisfactorily proven) to be the person whose name is subscribed to the within Agreement, and acknowledged that she executed the same for the purposes therein contained. ~ ~ • • ~ ~ . . ~,.- e ~l_ _~ ~_,.~' , N any P IJOtAR1Al SEAL DEBRA M. S{I{/~Ap, katary Public Harri:,burg, Dauphin County, Pa. * ~ * * * * * * * * MY Commission Expires Auk. 23, IY93 ----~r. _ - -_. COMMONWEALTH OF PENNSYLVANIA ss. COUNTY OF DAUPHIN ~_ ' - -_ ~(~ ~ .~ ~ ~ (,Q ~l /~ On thlst_,~_' day of - - - Yj !~ ~ , 199; before me, the undersigned officer, personally appeared JAMES E. MAY, known to me (or satisfactorily proven) to be the person whose name is subscribed to the within Agreement, and acknowledged that he executed the same for the purposes therein contained. /~ ,,~~ Y ~ . ~ ~ 1 ~ 1~y~ Not ry P bl is r-___ _ H.., i, ~ ~,~~. u.n~i,i~~r ; ,..~;~iy i~~. ~- ~~ 4-; c.-. ~, --~ ~= :__. YVONNE M. MAY, Plaintiff v. JAMES E. MAY, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW No. 3431 CIVIL 1992 IN DIVORCE PRAECIPE TO TRANSMIT RECORD TO: Lawrence E. Welker, Prothonotary Transmit the record, together with the following information, to the Court for entry of a Divorce Decree: 1. Ground for Divorce: Irretrievable breakdown under Section 3301(c) of the Divorce Code. 2. Date and Manner of Service of the Complaint: By Acceptance of Service by Defendant's counsel on October 9, 1992. 3(a) Date of execution of the Affidavit of Consent required by §3301(c) of the Divorce Code: by Plaintiff on December 31, 1992, and by Defendant on January 6, 1993. (b)(1) Date of execution of the Plaintiff's Affidavit required by Section 3301(d) of the Divorce Code: N/A (b)(2) Date of Service of the Plaintiff's Affidavit upon the Defendant: N/A. 4. Related Claims Pending: None. 5. Date and Manner of Service of the Notice of Intention to File Praecipe to Transmit Record, a copy of which is attached if the decree is to be entered under Section 3301(d)(1)(i) of the Divorce Code: N/A. 4. Related Claims Pending: None. 5. Date and Manner of Service of the Notice of Intention to File Praecipe to Transmit Record, a copy of which is attached if the decree is to be entered under Section 3301(d)(1)(i) of the Divorce Code: N/A. Respectfully submitted, i' DATED: (~l S' ~l ~ L~~~ *.,~, Constance P. Brunt, Esquire 3901 North Front Street P. O. Box 5041 Harrisburg, PA 17110-0041 (717) 232-7200 Attorney for Plaintiff ~H~ 19 3 54 P!~ '93 (? - " 4 t •, ~ y "tl .. `tit 1 ,.:`i ~ _ a YVONNE M. MAY, v. JAMES E. MAY, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA . s : CIVIL ACTION - LAW NO. ~ (~ ~ ~ CIVIL 1992 Defendant 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 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 Prothonotary's Office, Cumberland County Courthouse, Carlisle, Pennsylvania. IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY, LAWYER~3 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. Office of the Court Administrator Cumberland County Courthouse 4th Floor 1 Courthouse Square Carlisle, PA 17013 (717) 240-6200 YVONNE M. MAY, v. JAMES E. MAY, Plaintiff Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW NO. CIVIL 1992 IN DIVORCE COMPLAINT IN DIVORCE AND NOW, comes the above-named Plaintiff, YVONNE M. MAY, by and through her attorney, CONSTANCE P. BRUNT, ESQUIRE, and seeks to obtain a Decree in Divorce from the above-named Defendant, JAMES E. MAY, upon the grounds hereinafter set forth: 1. Plaintiff is YVONNE M. MAY, an adult individual residing at 63 South 36th Street, Camp Hill, Cumberland County, Pennsylvania 17011. 2. Defendant is JAMES E. MAY, an adult individual residing at 123 November Drive, Camp Hill, Cumberland County, Pennsylvania. 3. Plaintiff and Defendant have been bona fide resi- dents of the Commonwealth of Pennsylvania for at least six (b) months previous to the filing of this Complaint. 4. The Plaintiff and Defendant were married on March 22, 1969, in Harrisburg, Dauphin County, Pennsylvania. 5. There have been no prior actions of divorce or for annulment between the parties. 6. The Plaintiff and Defendant are both citizens of United States of America. 7. The Defendant is not a member of the Armed Services of the United States. 8. The Plaintiff has been advised of the availability of marriage counseling and understands that she may request that the Court require the parties to participate in counseling. 9. The Plaintiff avers that the grounds on which the action is based are that the marriage is irretrievably broken. 10. Plaintiff requests the Court to enter a Decree in Divorce. 2 WHEREFORE, Plaintiff prays that your Honorable Court enter a Decree in Divorce dissolving the marriage between the parties. DATED: ~~~`~~~ ~^ Respectfully submitted, ~~~~ CONSTANCE P. BRUNT, ESQUIRE 3901 North Front Street P. O. Box 5041 Harrisburg, PA 17110-0041 (717) 232-7200 Attorney for Plaintiff 3 VERIFICATION I verify that the statements made in the foregoing Complaint In Divorce are true and correct. I understand that false state- ments herein are made subject to the penalties of 18 Pa.C.5. §4904, relating to unsworn falsification to authorities. DATED: r~~~~~ ~~' ~ ~ ~ Y O NE M. MAY, ntiff ` $f P 3~ ~ 30 ~~ : ~Z ~ '_~ '~cflCf ~ s5` J lPt~ v `-/~ A~- ~o °" ~7 ~ ~~ ~~ YVONNE M. MAY, Plaintiff v. JAMES E. MAY, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW No. 3431 CIVIL 1992 : IN DIVORCE ACCEPTANCE OF SERVICE I hereby accept service of the Complaint in Divorce filed on September 30, 1992, in the above-captioned action, on behalf of the Defendant, JAMES E. MAY. HOWETT & KISSINGER, P.C. DATED : ~U~ I~9 ~ BY ~, ~ ~~.1 GL~- ~CJ~-(!~ PATRICIA A. MILES, ESQUIRE Attorney for Defendant OCT 22 ~ ~ tI6 -~~ ~~Z FACE f; 1 :I~C!t;~TAkY ^v~J~ir•1~rL~N~ C Ji>N7Y p"N~SYs._~{At~SA YVONNE M. MAY, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff CIVIL ACTION - LAW v No. 3431 CIVIL 1992 JAMES E. MAY, Defendant IN DIVORCE AFFIDAVIT OF CO`adSENT 1. A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed on September 30, 1992. 2. The marriage of the Plaintiff and Defendant is irretrievably broken, and ninety (90) days have elapsed from the date of the filing of the Complaint. 3. I consent to the entry of a final Decree in 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 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. DATED : ~~ ~~~~~ ~~ YV N M. MAY, Plaintiff Jai 19 3 54 PH ' 93 r" t~'-~rr~c~ CUME~F~;~r; GGJ~TY PEttN; '~_~r,~ra . ' YVONNE M. MAY, Plaintiff ) v. ) JAMES E. MAY, ) Defendant ) IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 3431 CIVIL 1992 CIVIL ACTION - LAW IN DIVORCE DEFENDANT'S_AFFIDAVIT OF CONSENT AND_WAIVER OF COUNSELING 1. A ^_nmplairt ir. F:~v~.:~cc. :~.nd:.r ;3:?t>1(c; ~~f the Divorce Code was filed on September 30, 1992. 2. The marriage of Plaintiff and Defendant is irretrievably broken, and ninety days have elapsed from the date of filing of the Complaint. 3. I consent to the entry of a Final Decree in Divorce. 4. I understand that if a claim for alimony, alimony pendente lite, equitable distribution of marital property or counsel fees or expenses has not been filed with the Court before the entry of a Final Decree in Divorce, the right to claim any of them will be lost. ~. I iidvs i:.tCE:`i r:.ClVi3~iX UI tIIE: availability of marriage counseling, and understand that I may request that the Court require that my spouse and I participate in counseling. I further understand that the Court maintains a list of marriage counselors in the Prothonotary's Office, which list is available to me upon request. 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. V ~1 . 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.A. §4904, relating to unsworn falsification to authorities. r. JAMES E. MAY, Defendant J~ { 9 ~ s4 Pfi~ '~3 t I1-'~, f "~ t~' ~ t1 ~tt~~7'e ~/ fi r~~~yl