Loading...
HomeMy WebLinkAbout87-0057 E COURT OF COMMON PLEAS IN Th OF CUMBERL ~AND COUNTY STATE OF PENNA. Carolyn M. Cunning .................. ............................................................... ~](). 57 CIVIL l~)87 Versus D~fe_nd_an_t .......... DECREE IN DIVORCE AND NOW,.. ....~..C~. ........ 19 ~)'~ it is ordered and decreed that Carolyn M. Cunning plaintiff, and ........ J. a..m.e.s..A.....C.u.n.n.i.n.g ................................ defendant, are divorced from the bonds of matrimony. The court retains jurisdiction ot the following claims which have been raised of record in this action for which a final order has not yet been entered; The Settlement Agreement of January~ ,12~.1.9.8.7 is incorporated as a final, order and the court retains j~io~..o.f.;~/~71,a',m.s.- ........ . ...... CAROLYN M. CUNNING, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA : Vs. : CIVIL ACTION - LAW : JAMES A. CUNNING, : NO. 57 CIVIL 1987 Defendant : 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 201(c) of the Divorce Code. 2. Date and manner of service of the Complaint: Certified mail on January 15, 1987. 3. Date of execution of the affidavit of consent required by Section 201(c) of the Divorce Code: by Plaintiff (May 1, 1987); by Defendant (May 1, 1987). 4. Related claims pending: none Respectfully submitted, Robert L. O'Brien, Esquire SETTLEMENT AGREEMENT made this day , lg 7, called Husband and C~OL~ M. C~ING of R.D. 4, Box 143, Neville, PA, hereinafter called Wife; WITNESSE~: ~S, Husband and Wife were lawfully married on October 20, 1984, and W~S, differences have arisen between Husband and Wife in consequence of which they have dete~ined to live separate and apart from each other and have consented to a mutual consent divorce~ and ~S, Husband and Wife desire to settle and dete~ine their rights and obligations. NOW, ~FO~, the parties, intending to be legally bound hereby, agree as follows: 1. Separation. It shall be lawful for each party at all times hereafter to live separate and apart from the other at such place as he or she may from time to time choose or de~ fit. ~e foregoing provision shall not be taken as a~ission on the part of either party of the lawfulness or unlawfulness of the causes leading to th~ living apart. Wife and her children shall have the exclusive right to occupy the parties' residence located at R.D. 4, Box 143, Neville, P A. 2. Division of Personal Property. The parties have divided between th~ to their mutual satisfaction the personal effects, household furniture and furnishings, and all other articles of personal property which have heretofore been used by th~ in co,on. All household goods, furnishingsand funiture located at R.D. 4, Box 143, Newville, PA, are the separate property of the Wife, most all items having been hers prior to the marriage, with the exception of the items listed on the attachment "A" which shall become the separate property of~the husband. Wife shall keep as her separate property the 1986 Chevrolet Celebrity presently in her possession and husband shall retain as his separate property at 1977 Yan~ha motorcycle and 1978 Jeep presently in his possession. Wife shall be solely liable for the payment in full of the obligation on the Chevrolet vehicle. Husband shall pay to wife the sum of ¢ ,4,0 0 0.0 0 on o r be f o r e ~ 9, 19 8 7. ~ ~, Jrf~¥ ~ ~V~-- ~ ~ ~e ~ /~ ~,~v~£ ~ ~ ~ e ,J. /' 3. Debts. Except for the debts and obligations created hereunder, each party agrees to pay and hereby agrees to hold the other harmless from any and all personal debts and obligations incurred by him or her subsequent to the date of separation. If any claim, action or proceeding is hereafter brought seeking to hold the other party liable on account of such debts or obligations, each party will at his or her sole expense defend the other party against any such claim, action or proceedings, whether or not well-founded, and indemnify the other party against any loss or liability resulting therefrom. 4. Waiver of Alimony. Each party hereby waives any claim for alimony, support or counsel fees for themselves under the Divorce Code of 1980 (Act 26 of 1980) and acknowledges ownership of sufficient property to meet their reasonable needs. 5. Real Estate. The parties agree that wife andf her children shall have exclusive occupancy and possession of the jointly owned residence located at R.D. 4, Box 143, Newville, PA. Wife agrees to be responsible for mortgage payments, taxes and insurance during her period of exclusive possession. The parties further agree wife shall have the exclusive right to sell the real estate and retain all the net proceeds therefrom. Husband agrees to quit-claim all his right, title and interest in the real estate to wife. 6. Equitable Property. This Agreement constitutes an equitable division of the partiest marital property. The parties have determined that the division of this property conforms to a just and right standard, with due regard to the rights of each party. 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 effectuated without the introduction of outside funds or other property not constituting the matrimonial estate. 7. Release of Ail Claims. Each party, except as otherwise provided for in this Agreement. releases the other from all claims, liabilities, debts. obligations, actions and causes of action of every kind that have been incurred. or may be incurred, relating to or arising from the marriage between the parties. However. neither party is relieved or discharged from any obligations under this Agreement or under any instrument or document executed pursuant to this Agreement. 8. 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, and seek any other remedy allowed in law or equity. The party breaching this contract shall be responsible for the pa}unent of legal fees and costs incurred by the other in enforcing his or her rights under this Agreement. or seeking such other remedy or relief as may be available to him or her. Waiver by one party of any breach of this Agreement by the other party shall not be deemed a waiver of any subsequent, similar breach or other breaches. 9. Full Disclosure. Husband and Wife each represent and warrant to the other that he or she has made a full and complete disclosure to the other of all assets of any nature whatsoever in which such party has an interest. of the source and amount of the income of such party of every type whatsoever and all other facts relating to the subject matter of this Agreement. 10. Divorce. This Agreement shall not be construed to affect or bar the right of either Husband or Wife to a true and absolute divorce on legal and truthful grounds as they now exist or may hereafter arise. 11. Representation of Parties by Counsel. Each party has had the opportunity to have legal counsel to represent each of them in the negotiation and preparation of this Agreement and has either been so represented or has voluntarily chosen not to beyepresented. Each party has carefully read this Agreement and is completely aware, not only of its contents, but also of its legal effect. Robert L. O'Brien has acted as scrivener of this Agreement to document the various agreements that the parties hereto have made voluntarily and without said scrivener's assertion that such agreements represent the most advantageous result to either or both parties. 12. Additional Instruments. Each of the parties shall on demand or within a reasonable period thereafter, execute and deliver any and all other documents and do or cause to be done any other act or thing that may be necessary or desirable to effectuate the provisions and purposes of this Agreement. If either party fails on demand to comply with the provision, that party shall pay to the other all attorney's fees, costs and other expenses reasonably incurred as a result of such failure. 13. Modification and Waiver. Modification or waiver of any provision 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 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. 14. Descriptive Headings. The descriptive headings used herein are for convenience only. They shall have no effect whatsoever in determining the rights or obligations of the parties. 15. Successors and Assigns. ~is Agre~ent, except as otherwise expressly provided herein, shall be binding upon and shall inure to the benefit of the respective legatees, devisees, heirs, executors, a~inistrators, assignees, and successors in interest to the parties. 16. Governin~ Law. ~is Agreement shall be governed by and shall be construed in accordance with the laws of the Comonwealth of Pennsylvania. 17. Order of Court~ Agre~ent to be entered as an Order when divorce is granted. IN WITNESS WHEREOF, intending to be legally bound hereby, the parties hereto have hereunto set their hands and seals the day and year first above written. WITNESS: ~ ~ ~ ~/J~es A. C~niag ( S~L ) Carol~M. Cunning ~ JIM'S POSSESSION TRIPLE DRESSER SEARS 25" COLOR TV (Broke) CHAIN SAW CAR RAMPS RADIO OSCILLATING FAN LARGE CERAMIC STEIN 22 CAL. PISTOL BOWLING BALL COLEMAN LANTERN SOME TOOLS CAROLYN M. CUNNING, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA : Vs. : CIVIL ACTION - LAW : NO. ,4-9 CIVIL 1987 JAMES A. CUNNING, : 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 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 the rights important to you, including custody or visitation of your children. IF YOU DO NOT FILE A CLAIM FOR ALIMONY, MARITAL PROPERTY, COUNSEL FEES OR EXPENSES BEFORE THE FINAL DECREE OF DIVORCE OR ANNULMENT IS ENTERED, 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. Court Administrator Cumberland County Court House Carlisle, PA 17013 Telephone: (717) 249-1133 FISHMAN & O'BRIEN Robert L.~'Brien, Esquire Attorney for Plaintiff CAROLYN M. CUNNING : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA : vs. : NO. CIVIL 1987 : JAMES A. CUNNING : CIVIL ACTION - LAW Defendant : IN DIVORCE COMPLAINT AND NOW, this day of , 1987, comes the Plaintiff by and through her attorney Robert L. O'BriL=h, Esquire, and makes the following Complaint in Divorce. 1. Plaintiff is Carolyn M. Cunning, an adult individual who currently resides at R.D. 4, Box 143, Newville, Cumberland County, PA. 2. Defendant is James A. Cunning, an adult individual who currently resides at 101 North Enola Drive, Enola, PA 17025. 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 October 20, 1984, in Allegheny County, Pennsyvlania. 5. There have been no prior actions of divorce or for annulment between the parties. 6. The marriage is irretrievably broken. WHEREFORE, the Plaintiff requests the court to enter a decree of divorce in favor of the Plaintiff and against the Defendant. Respectfully submitted, FISHMAN & O'BRIEN Robert L. O'B~ien, Esquire Attorney for Plaintiff I verify that the statements made in this Complaint are true and correct. I understand that false statements herein are made subject to the Penalties of 18 Pa.C.S. Section 4904, relating to unsworn falsification to authorities. Carolyn M. Cunning Date: , /~f '~'-7 CAROLYN M. CUNNING, : IN THE COURT OF COMMON PLEAS OF : Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA : vs. : CIVIL ACTION - LAW : JAMES A. CUNNING, : NO. CIVIL : Defendant : IN DIVORCE AFFI DAVIT CAROLYN M. CUNNING , being duly sworn according to law, deposes and says: 1. I have been advised of the availability of marriage counselling and understand that I may request that the court require that my spouse and I participate in counselling. 2. I understand that the court maintains a list of marriage counselors in the Domestic Relations Office, which list is available to me upon reques t. 3. Being so advised, I do not request that the court require that my spouse and I participate in counselling prior to a divorce decree being handed down by the court. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. C~oiyn ~.' Cunning Sworn to and subscribed before me CARI. t$,..E BO~O, CUr&I]EP. LA~D COUNTY / ~ MY CO,'~$SION E~PI~E$ 0,.':7.2L 1989 ( ] Member, Penn~ylva;iia Asseci~tjor, of Notaries CAROLYN M. CUNNING, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA : Vs. : CIVIL ACTION - LAW : JAMES A. CUNNING, : NO. 57 CIVIL 1987 Defendant : IN DIVORCE CERTIFICATE OF SERVICE COMES NOW, Robert L. O'Brien, Esquire, and certifies that service of the Complaint in Divorce and Notice to Defend and Claim Rights in the above action were served upon James A. Cunning, Defendant, by mailing a certified copy thereof by certified mail, restricted delivery, return receipt requested. The said documents were delivered and received by James A. Cunning in accordance with a copy of the return receipt card, attached hereto. FISHMAN & O'BRIEN Robert L. O'Brien, Esquire CAROYLN M. CUNNING, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA : Vs. : CIVIL ACTION - LAW : NO. 57 CIVIL 1987 JAMES A. CUNNING, : Defendant : IN DIVORCE ' AFFIDAVIT OF CONSENT 1. A Complaint in divorce under Section 201(c) of the Divorce Code was filed on January 9, 1987. 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety days have elapsed from the date of filing the Complaint. 3. I consent to the entry of a final decree of divorce. 4. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if I do not claim them before a divorce is granted. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904, relating to unsworn falsification to authorities. Carolyrr~M.Cunning Date: CAROLYN M. CUNNING, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA : Vs. : CIVIL ACTION - LAW : NO. 57 CIVIL 1987 JAMES A. CUNNING, : Defendant : IN DIVORCE ' AFFIDAVIT JAMES A. CUNNING, being duly sworn according to law, deposes and says: 1. I have been advised of the availability of marriage counselling and understand that I may request that the court require that my spouse and I participate in counselling. 2. I understand that the court maintains a list of marriage counselors in the Domestic Relations Office, which list is available to me upon request. 3. Being so advised, I do not request that the court require that my spouse and I participate in counselling prior to a divorce decree being handed down by the court. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904, relating to unsworn falsification to authorities. Sworn to and subscribed before me //~am~s A. Cunning /~ / th~,s //:day of ~_ , 1987.( MY CO~: :/:L., :'~: ~!~"~::: ~,~ 1989 ~--~ Member, ~nns~;w~.a ~.,:.~.: ,. '~otaries CAROYLN M. CUNNING, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA : Vs. : CIVIL ACTION - LAW : NO. 57 CIVIL 1987 3AMES A. CUNNING, : Defendant : IN DIVORCE ' AFFIDAVIT OF CONSENT 1. A Complaint in divorce under Section 201(c) of the Divorce Code was filed on January 9, 1987. 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety days have elapsed from the date of filing the Complaint. 3. I consent to the entry of a final decree of divorce. 4. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if I do not claim them before a divorce is granted. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904, relating to unsworn falsification to authorities.