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HomeMy WebLinkAbout01-4419 . . . ifi:f. :+: :+: ;ti IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY . PENNA. STATE OF . . . . SUSAN A. HART, . . . . Plaintiff No. 2001-4419 CIVIL TERM . VERSUS . MATTHEW W. HART, . . Defendant . . DECREE IN DIVORCE . . . . . W\? , I \, r"j "ZOO?, IT lS ORDERED AND . AND NOW, DECREED THAT SUSAN A. HART , PLAI NTI FF, . MATTHEW W. HART . AND , DEFENDANT, . . ARE DIVORCED FROM THE BONDS OF MATRIMONY. . . THE COURT RETAINS JURISDICTION OF THE FOLI_OWING CLAIMS WHICH HAVE . BEEN RAISED OF RECORD IN THIS ACTION FOR WHICH A FINAL ORDER HAS NOT . . . YET BEEN ENTERED; . THE PARTIES MARITAL SETTLEMENT AGREEMENT DATED FEBRUARY 21, 2002 . . IS INCORPORATED HEREIN AS A FINAL ORDER OF COURT. . By THE COURT: J .. ~, O~f. ATT T. ~~__~ _ ~ PROTHONOTARY . . " '. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . J. . . . . . . . . ~ z ~ r~~ (>0#.[" ~ r ~ ~ 4;> /P "C'o~/F . .' , , II SUSAN A. HART, Plaintiff v. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO.2001-4419 CIVIL TERM CIVIL ACTION '. LAW IN DIVORCE MATTHEWW. HART, Defendant MARITAL SETTLEMENT AGREEMENT t:ik'-"-) Z""''- THIS AGREEMENT, made this Z I~ day of O~er, 2e&1, by and between Susan A. Hart, hereinafter referred to as "Wife", and MatthElw W. Hart, hereinafter referred to as "Husband." WITNESSETH: WHEREAS, the parties are Husband and Wife who were married on November 20, 2000, and have been separated since April 20, 2001; and, WHEREAS, Wife has instituted divorce proceedings in the Court of Common Pleas of Cumberland County to No. 2001-4419 Civil Term by cClmplaint filed on July 20, 2001; and, WHEREAS, diverse unhappy differences, disputes and difficulties have arisen between the parties and the parties have decided that their marriage is irretrievably broken, and it is the intention of the parties to live separate and apart for the rest of their natural lives. The parties are therefore desirous of settling fully and finally their respective financial and property rights and obligations as between each other, including without limitation: the ownership and equitable distribution of all property owned by the parties; 1 II and the settling of all related economic claims including but not limited to spousal support, alimony and alimony pendente lite; and in general the s;ettling of any and all claims or possible claims of one against the other or against their respective estates; and, WHEREAS, each party is fully familiar with the alII of the property owned by the parties and each party acknowledges having sufficient opportunity to investigate and evaluate the property owned by the parties, and both parties now desire to settle and determine his and her property rights and claims under the Divorce Code. NOW, THEREFORE, in consideration of the mutual promises hereinafter set forth and for other good and valuable consideration, receipt of which is hereby acknowledged by each of the parties hereto, the parties, intending to be legally bound hereby, do covenant and agree as follows: 1. DIVORCE The parties agree to the entry of a Decree in Divorce pursuant to Section 3301@of the Divorce Code. Both parties shall execute and file the mquisite Consents and Waivers with the Court contemporaneously with the execution of this Agreement. Wife's attorney shall file the Praecipe to Transmit the record and obtain a Decree in Divorce without delay. Should either party do anything to delay or deny the entry of such a Decree, or fail to do anything required to obtain the Divorce Decree in breach of this Agreement, the other party may, at his or her option, declare this Agreement null and void. 2 Ii 2. INCORPORATION BUT NOT MERGER INTO DIVORCE DECREE This Agreement and all warranties and representations contained herein shall be incorporated into the divorce decree but shall not merge wilth it. An action may be brought at law, in equity or pursuant to the provisions of the Divorce Code to enforce this Agreement by either Husband or Wife. 3. ADVICE OF COUNSEL Wife is represented by Michael A. Scherer, Esquire, who is her separate legal counsel and she has been advised of her respective rights, privileges, duties and obligations relative to the parties' property rights and interests under the Divorce Code and regarding alimony and spousal support. Husband has sought legal advice from an independent attorney but an attorney has not entered an appearance on behalf of husband. Husband has had sufficient opportunity to confer with his separate legal counsel and he has been advised of his respective rights, privileges, duties and obligations relative to the parties' property rights and interests under the Divon:e Code and regarding alimony and spousal support. Husband and Wife acknowledge that each of them has read this Agreement and understands his and her rights and responsibilities under this Agreement, that he and she have executed this Agreement under no compulsion to do so but as a voluntary act, being apprised of its consequences. 3 II 4. TANGIBLE PERSONAL PROPERTY The parties shall keep as their separate property the vehicles which they currently possess, which vehicles are titled in the separate names of the parties. The parties have divided between them to their mutual satisfaction all items of tangible personal property which had heretofore been used by them in common and neither party shall make any claim to such property in the possession of the other. Eac:h party will execute any and all documents necessary to effectuate the transfer of ownership of any items of personal property titled in both names as may be required to carry out this agreement. 5. OTHER PROPERTY DISTRIBUTION PROVISIONS A. REAL ESTATE The marital residence is located at 5 Brian Drive, Carlisle, Pennsylvania. This real estate was purchased by Wife prior to the marriage, and is titled in Wife's separate name. Husband hereby waives any ownership interest he may have gained in the property at 5 Brian Drive, Carlisle, Pennsylvania by virtue of his marriage to Wife. B. WAIVER OF RETIREMENT BENEFITS Each party hereby waives any right to claim any pension/profit sharing/retirement rights of the other, vested or contingent, and each party shall retain full ownership of such rights as his or her sole and separate property. C. INTANGIBLE PERSONAL PROPERTY Wife waives any ownership interest she malY have in the mutual funds in Husbands' name, and Husband waives an ownership interest he may have in the annuity 4 Ii in Wife's name. Aside from the foregoing, the parties haVE! divided between them to their mutual satisfaction all intangible personal property consisting of cash, bank accounts, annuities, securities, insurance policies and all other such types of property. The parties hereby agree that all such intangible property presently in the possession of or titled in the name of Husband shall be his sole and separate property, and that in the possession or titled in the name of the Wife shall be her sole and separate property. 6. WAIVER OF ALIMONY Husband and Wife do hereby waive, release and give up any rights which either of them may have against the other to receive alimony r:>r other post-divorce spousal maintenance or support. 7. DEBTS AND OBLIGATIONS Each party represents that she and he have not heretofore incurred or contracted any debt or liability or obligation for which the other may be held responsible or liable. Each party agrees to indemnify and hold harmless the other from and against all such debts, liabilities or obligations of any kind which may have heretofore been incurred between them, except the obligations arising out of this A!~reement. 8. INDEMNIFICATION Both parties covenant, warrant, represent and agree that each will now and at all times hereafter save and keep each other indemnified against all debts, charges, or liabilities incurred by the other after the execution of this Agreement, except as may be otherwise specifically provided for by the terms of this Agrel~ment and neither of them shall 5 Ii hereafter incur any liability whatsoever for which the estate of the other may be liable. Indemnification as to all provisions of this Agreement shall include the right to recover out of pocket expenses and reasonable attorney's fees actuallly incurred. 9. EQUITABLE AGREEMENT Both parties agree that the hereinabove set fOl1h Agreement constitutes an equitable distribution oftheir marital property and equitable resolution of all other economic claims pursuant to the provisions of the Divorce Code and each party irrevocably waives, releases, and remises any claim to ownership of or interest in any property designated as the property of the other by virtue of the provisions of this Agreement except as otherwise may be provided pursuant to the provisions of this Agreement. 10. MUTUAL RELEASES Husband and Wife do hereby mutually release, remise, quitclaim and forever discharge the other and the estate of the other from any ;and all claims either party has now, ever may have or can at any time have against the other or the other party's estate or any part thereof, whether arising out of formal contracts, engagements or liabilities of the other party, arising by way of widower's right or under the Intestate Law, arising by any right to take against the Will of the other party, arising out c,fthe Divorce Code, Act No. 26 of 1980, as amended, including, alimony, alimony pendente lite, counsel fees and expenses, arising as a right to spousal support or arisin!~ from anything of any nature whatsoever, excepting only those rights accorded to the parties under this Agreement. 6 Ii Ii II II I I 11. BREACH If either party to this Agreement resorts to a lawsuit or other legal action pursuant to the provisions of the Divorce Code or otherwise to enforce the provisions of this Agreement, the successful party shall be entitled to recover his or her reasonable attorney fees, actually incurred, from the other as part of the judgme!nt entered in such legal action, whether in law, in equity, pursuant to the provisions of the, Divorce Code or otherwise as the same shall be determined by the Court. 12. COMPLETE DISCLOSURE The parties do hereby warrant, represent and declare and do acknowledge and agree that each is and has been fully and completely informed of and is familiar with and is cognizant of the wealth, real and/or personal property, estate and assets, earnings and income of the other and that each has made a full and complete disclosure to the other of his or her entire assets and liabilities and any further enumeration or statement thereof in this Agreement is specifically waived. 13. ENTIRE AGREEMENT This Agreement constitutes the entire understanding of the parties. There are no covenants, conditions, representations or agreements, written or oral, of any nature whatsoever, other than those herein contained. 7 Ii 14. MODIFICATION This Agreement is subject to modification only by a subsequent legal writing signed by both parties. It shall be construed according to the Ilaws of the Commonwealth of Pennsylvania. 15. AGREEMENT BINDING ON HEIRS This Agreement shall bind and inure to the benefit of the parties hereto and their respective heirs, executors, administrators, successors and assigns. 16. CONTRACT INTERPRETATION For purposes of contract interpretation and for Ithe purpose of resolving any ambiguity herein, Husband and Wife agree that this Agreement was drafted and prepared jointly by their respective counsel. 17. SEVERABILITY AND INDEPENDENT COVENANTS The parties agree that each separate obligation contained in this Agreement shall be deemed to be a separate and independent covenant and agreement. 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 provision shall be stricken from this Agreement, and in all other respects thi!l Agreement shall be valid and continue in full force and effect. 18. COSTS AND ATTORNEYS' FEES Neither party shall reimburse the other for any court costs or filing fees associated with this case, and each party shall be responsible to pay his or her own attorneys' fees. 8 H 19. LAW AND JURISDICTION APPLICABLE This Agreement shall be construed in accordance with the laws of the Commonwealth of Pennsylvania. WITNESS: ~Ih~~. flMt- Susan A. Hart ~~~,,-; flV. #tu;~ Matthew vv. Hart mas.dlr/domestic/dlvorce/hart.agr c- o N S~ ""tJ Pi '". l n~, ~;: 'J ~- , ..r... n (f) {f, Y -< ~;: .' . ~.~ v., Z. (' s::: C) ,,~ c:: ~ :2.~ :.7) ~ --'-1 C) -< -~ 1> ~ SUSAN A. HART, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2001-4419 CIVIL TERM v. MATTHEW W. HART, Defendant CIVIL ACTION-LAW IN DIVORCE 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 divorce: irretrievable breakdown under Section 3301 (c) of the divorce code. 2. Date and manner of service of the complaint: Defendant signed an Acceptance of Service form on July 21, 2001. 3. (Complete either paragraph (a) or (b).) (a) Date of execution of the affidavit of consent required under Section 3301 (c) of the divorce code: by the plaintiff Februarv 26. 2002 by the defendant Februarv 21,2002 (b) (1) Date of execution of the plaintiff's affidavit required by Section 3301 (d) of the divorce code N/A (2) Date of service of the plaintiff's affidavit upon the defendant N/A 4. Related claims pending NONE 5. Complete either (a) or (b) (') C) C 1'0 ~ :3: ""Dr)) """ m(f! ::0 Z.~,' I ZC en . (;' -<., ~c :1:"" ~:C'; 6CJ "f? ~ ~) )> , C S! S .. , c:> ~D -< -< " II , 'I"" SUSAN A. HART, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 2001- ll4 /q CIVIL TERM MATTHEWW. HART, Defendant CIVIL ACTION-LAW 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 01' 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 at the Cumberland County Court House, Carlisle, Pennsylvania. IF YOU DO NOT FILE A CLAIM FOR ALIMONY, MARITAL PROPERTY, COUNSEL FEES OR EXPENSES BEFORE THE FINAL DECREE OF DIVORCE OR ANNULMENT IS GRANTED, YOU MAY LOSE THE RIGHT TO CLAIM ANY OF THEM. YOU SHOULD TAKE THIS PAPER TO YOUR ATTORNEY AT ONCE. IF YOU DO NOT HAVE AN ATTORNEY 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 Telephone: (717) 249-3166 ii - SUSAN A. HART, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 2001- Y'//~~ CIVIL TERM MATTHEWW. HART, Defendant CIVIL ACTION-LAW IN DIVORCE COMPLAINT UNDER SECTIONS 3301<C) AND 3301 CD) OF THE DIVORCE CODE 1. Plaintiff is Susan A. Hart, an adult individual who currently resides at 5 Brian Drive, Carlisle, Cumberland County, Pennsylvania. 2. Defendant is Matthew W. Hart, an adult individual who currently resides at 266 East North Street, Apt. Rear, Carlisle, Cumberland County, Pennsylvania. 3. Plaintiff and Defendant have been bona fide residents in the Commonwealth of Pennsylvania for at least six months immediately previous to the filing of this Complaint. 4. The Plaintiff and Defendant were married on November 20, 2000, in Jamaica. 5. There have been no prior actions of divorce or for annulment between the pa rties. 6. The marriage is irretrievably broken. 7. The Plaintiff has been advised of the availability of counseling and that she may have the right to request that the court require the parties to participate in Counseling. 8. Plaintiff requests the court to enter a decree of divorce. ii WHEREFORE, the Plaintiff requests the court to enter a decree of divorce in favor of the Plaintiff and against the Defendant. Respectfully submitted, O'BRIEN, BARIC & SCHERER DATE: -r12.0[Cl( ~~+- y\.{l~"'~ ~ _ 'Sc-~v- Michael A. Scherer, Esquire 1.0.# 61S174 17 West South Street Carlisle, PA 17013 (717) 24!l-6873 Attorney for Plaintiff, Susan A. Hart mas.dir/domestic/divorce/hart.com ii . - - VERIFICATION I verify that the statements made in this Complaint are true and correct. understand that false statements herein are made subjecll to the penalties of 18 Pa. C.S. 9 4904, relating to unsworn falsification to authorities>. ~ (1, thAr SU!lan A. Hart Date: jq J 01 I !I ii SUSAN A. HART, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2001- Y'I/5> CIVIL TERM v. MATTHEWW. HART, Defendant CIVIL ACTION-LAW IN DIVORCE AND NOW, this ACCEPTANCE OF SERVICE .u: ;)/ day of July, 2001, I, MatthElwW. Hart, Defendant above, hereby accept service of the Complaint filed in the above case pursuant to Pa. R.C.P. 1920.4(e) and acknowledge receipt of a true and attested copy ofsaid Complaint. ~~ft/. 1f~ Matthew W. Hart o fi o,F !\J ... w i'J "" ~ Ii SUSAN A. HART, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2001-4419 CIVIL TERM CIVIL ACTION-LAW IN DIVORCE v. MATTHEWW. HART, Defendant PLAINTIFF'S AFFIDAVIT OF CONSENT AND WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF DIVORCE DECREE UNDER SECTION 3301tC) IDF THE DIVORCE CODE 1. A complaint in divorce under Section 3301 (G) of the Divorce Code was filed on July 20, 2001. 2. The marriage of the Plaintiff and Defendant is irretrievably broken and ninety days have elapsed from the date of the filing of the Complaint. 3. I consent to the entry of a final decree in divorce without notice. 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. 5. I understand that I will not be divorced until ii 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. 6. I have been advised of the availability of marriage counseling and understand that I may request that the court require counseling. I do not request that the court require counseling. I verify that the statements made in this affidavit an~ 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: aj aCl/O~ ~7 a,~ Sus;an A. Hart o c: -~ -o~ mr': ~[~-~' (n:,: --< -< ~'-~- $=0 ""'u ~' S ~ (:-' r.....:;' -;. -:: , C) -,-, _'0' '-;9 C"' <0 II Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2001-4419 CIVIL TERM SUSAN A. HART, v. MATTHEWW. HART, Defendant CIVIL ACTION-LIl.W IN DIVORCE DEFENDANT'S AFFIDAVIT OF CONSENT, ACCEPTANCE OF SERVICE AND WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF DIVORCE DECREE UNDER SECTION 3301CCl OF THE DIVORCE CODE 1. A complaint in divorce under Section 3301 (C) of the Divorce Code was filed on July 20, 2001. 2. Defendant acknowledges receipt and accepts service of the Complaint on July 21,2001. 3. The marriage of the Plaintiff and Defendant lis irretrievably broken and ninety days have elapsed from the date of the filing of the Complaint. 4. I consent to the entry of a final decree in divlJrce without notice. 5. 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. 6. I understand that I will not be divorced until CI 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. 7. I have been advised of the availability of marriage counseling and understand that I may request that the court require counseling. I do not request that the court require counseling. I verify that the statements made in this affidavit am 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: ;;;(;:;/(0;;" 1l&~- tfd.lJ/an;f- Matthew W. Hart (') <:'';: v:.~, mf.?:_ z'L;.: ~r er- ~(-:; Pc ?i -~ , l-'--:' r<~ ~ 00 I cr' If? (::>