HomeMy WebLinkAbout02-1250IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
KELLY LYNNE LONGWELL,
PLAINTIFF
DANIEL RUSSELL LONGWELL
DEFENDANT
NO.0c~-/c~_~_ CIVIL TERM
IN DIVORCE
COMPLAINT 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 ease 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 against you for any other claim or relie£requested in these papers by the
plaintiff. You may lose money or property or other fights 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 Courthouse, Carlisle, Pennsylvania.
IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF
PROPERTY, LAWYER'S 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
Cumberland County Bar Association
Lawyer Referral Service
2 Liberty Avenue, Carlisle, PA 17013
Telephone:717.249.3166
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
KELLY LYNNE LONGWELL,
PLAINTIFF
Ve
DANIEL RUSSELL LONGWELL
DEFENDANT
NO. (~-/o2 ~-~IVIL TERM
IN DIVORCE
COMPLAINT IN DIVORCE
UNDER SECTION 3301(c) OF THE DIVORCE CODE
AND NOW, comes the Plaintiff, Kelly Lynne Longwell, by and through her
attorney, Richard C. Gaff-ney, Esquire, who files this Complaint under Section 3301(c) of
the Divorce Code, and who, in support thereof, respectfully represents that:
Plaintiff is Kelly Lyrme Longwell, who presently resides at 1104 Yverdon
Drive, Apartment C-l, Camp Hill, Cumberland County, Pennsylvania 17011
since December 28, 2001.
Defendant is Daniel Longwell, whose residence is 45782 Church Drive,
Apartment 201, Great Mills, St. Mary's County, Maryland 20634, where he
has resided since on or about August 27, 2001.
Plaintiff and Defendant are suijuris.
Plaintiff has been a bonafide resident of the Commonwealth for a period of
more than six months immediately preceding the filing of this Complaint.
Plaintiff and Defendant were married on June 25, 2000.
o
The parties to this action separated on August 27, 2001 and have continued to
live separate and apart since then.
7. There have been no prior actions of divorce or for annulment between the
parties.
8. The marriage is irretrievably broken.
9. One child was bom to the marriage on May 19, 2000, Brandon Alexander, age
one year ten months.
10. Plaintiff has been advised that counseling is available and that the Plaintiff
may have the fight to request that the court require the parties to participate in
counseling.
11. Plaintiff requests the court to enter a decree of divorce under Section 3301 (c)
of the Divorce Code.
Count II
Equitable Distribution
12. Plaintiff restates as if fully rewritten the aveiments contained in paragraphs
one (1) through eleven (11) hereinabove.
13. Plaintiff and Defendant have legally and beneficially acquired personal
property during their marriage from Sune 25, 2000 until August 27, 2001, thc
date of their separation, all of which property is "marital property," as that
term is used and defined in thc Pennsylvania Divorce Code, 23 Pa.C.S. § 3101
et seq., including, but not limited to, Husband's military pension and a
motorcycle in Husband's possession and control
14. Plaintiff owned personal property prior to the marriage, in thc fom~ of a
Honda vehicle, which is Plaintiff's separate property, as that term is used and
defined in the Pennsylvania Divorce Code, 23 Pa.C.S. § 3101 et seq.
15. Plaintiff traded in the Honda on a Dodge Neon in 2001.
16. Pursuant to a Voluntary Separation and Property Settlement Agreement
entered into on August 17, 2001 by and between Plaintiff and Defendant
(hereinafter the "Agreement"), thc parties agreed that:
"Wife shall allow Husband to have the sole use and
possession of the parties' motorcycle and 2001 Dodge Neon
until such date as thc parties receive and (sic) absolute divorce
17.
18.
19.
20.
21.
22.
and a marital property determination is made, and Husband
agrees to indemnify and hold harmless Wife against any
liability for payment due on said motorcycle and vehicle. The
parties agree that Wife has a non-marital property interest in
the Dodge Neon, and in the event said vehicle is sold,
destroyed or otherwise disposed of prior to the parties having
been awarded an Absolute Divorce, Husband agrees to
reimburse Wife for her non-marital property interest in the
vehicle with such interest to be determined at the time of the
disposition of said vehicle." Agreement at ¶ 6(B).
On or about January 2002, Husband disposed of the Dodge Neon by trading it
in on a truck, which is titled in Husband and is in Husband's possession and
control.
Prior to the date of the filing of this Complaint, Husband has failed and/or
refused to account to Plaintiff for her non-marital property interest in the
vehicle.
Prior to the date of the filing of this Complaint, Plaintiff and Defendant have
been unable to agree as to an equitable division of said marital property.
Plaintiff requests this Honorable Court to equitably divide all marital property,
to Order the Defendant to return to Plaintiff all of her non-marital interest in
his vehicle, and to enjoin Defendant from removing, further disposing of,
alienating, selling, transferring or encumbering the marital property and
Plaintiff's non-marital property pending final hearing and settlement of all
claims.
Pursuant to a verbal agreement between the parties, Husband agreed to pay for
one-half of the costs of this action.
Plaintiffrequests this Honorable Court to award her one-half of the costs of
this action.
WHEREFORE, Plaintiff respectfully prays this Honorable Court to order the
equitable distribution of the parties' marital property, to Order the return to Plaintiff of
her non-marital property, to enjoin the parties from removing, disposing of, alienating,
transferring, selling or otherwise encumbering the marital property or Plaintiff's non-
marital property, to enforce the parties Voluntary Separation and Property Settlement
Agreement and, if both parties file affidavits consenting to the divorce after ninety (90)
days have elapsed from the date of filing and service of this complaint, to enter a decree
of divorce pursuant to 23 P.S. Section 3301(c), or, in the alternative, pursuant to 23 P.S.
Section 3301(d).
Respectfully submitted,
Richard C. Gaffney, Esquire
Supreme Court I.D. No. 63313
LAW OFFICES OF RICHARD C. GAFFNEY
2120 Market Street
Suite 101
Camp Hill, PA 17011
Telephone: 717.975.9033
Attorney for Plaintiff
IN ~ COURT OF COMMON PLEAS OF
CUMBERI,AND COUNTY, PENNSYLVANIA
KELLY LYNNE LONGWELL,
PLAINTIFF
DANIEL RUSSELL LONGWELL
DEFENDANT
NO. CIVIL TERM
IN DIVORCE
VERIFICATION
I verify that the statements made in the foregoing Complaint are true and correct
to the best of my knowledge, information and belief. I understand that false statements
herein are made subject to the penalties of 18 Pa.C.S.A. § 4904 relating to unswom
falsification to authorities.
Kelly Lynn~'ell ~
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
KELLY LYNNE LONGWELL,
PLAINTIFF
Vm
DANIEL RUSSELL LONGWELL
DEFENDANT
IN CUSTODY
COMPLAINT IN CUSTODY
NOTICE TO DEFEND AND CLAIM RIGHTS
You have been sued in court to obtain custody. 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 an
order for custody, partial custody or visitation may be entered against you or the
court may issue a warrant for your arrest. A judgment may also be entered
against you for any other claim or relief requested in these papers by the plaintiff.
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.
Cumberland County Bar Association
Lawyer Referral Service
2 Liberty Avenue, Carlisle, PA 17013
Telephone:717.249.3166
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
KELLY LYNNE LONGWELL,
PLAINTIFF
Ye
DANIEL RUSSELL LONGWELL
DEFENDANT
NO. ~ CIVIL TERM
CUSTODY
COMPLAINT TO CONFIRM CUSTODY
AND NOW, comes the Plaintiff, Kelly Lynne Longwell, by and through
her attorney, Richard C. Gaffney, Esquire, who files this Complaint To Confirm Custody
in her and who, in support thereof, respectfully avers as follows.
Plaintiff is Kelly Lynne Longwell, an adult individual who presemly resides at
1104 Yverdon Drive, Apartment C-l, Camp Hill, Cumberland County,
Pennsylvania 17011 since December 28, 2001.
Defendant is Daniel Longwell, an adult individual whose residence is 45782
Church Drive, Apartment 201, Great Mills, St. Mary's County, Maryland
20634, where he has resided since on or about August 27, 2001.
Plaintiff has been a bonafide resident of the Commonwealth for a period of
more than six months immediately preceding the filing of this Complaint.
4. Plaintiff and Defendant were lawfully married on June 25, 2000.
Plaintiff and Defendant separated on August 27, 2001 and have continued to
live separate and apart since then.
On March I~? 2002, Plaintiff initiated an action is Divorce in the
Cumberland County Court of Common Pleas that is docketed to number
2002-
One child was bom to the marriage on May 19, 2000, Brandon Alexander
Longwell, age one year ten months (hereinafter the "Child").
go
Plaintiff seeks custody of Brandon Alexander Longwell, who currently resides
with the Plaintiff at 1104 Yverdon Drive, Apartment C-l, Camp Hill,
Cumberland County, Pennsylvania 17011 since December 28, 2001.
9. The Child was bom out of wedlock.
10.
The Child presently resides with the Plaintiff, whose address is set forth
above.
[Remainder of this page intentionally left blank]
11.
During the last five (5) years, the Child has resided with the following
persons:
From - Until Address Persons
05/19/00 - 07/26/00 6109 Locust Lane
Mechanicsburg, PA
07/27/00- 12/26/00
12~7~0-08~7~I
08/28/01 - Present
6109 Locust Lane
Mechanicsburg, PA
1605 D. Chaffee Ct.
Patuxent River, MD
1104 Verdon Dr.
Apartment C-1
Camp Hill, PA
Kelly Longwell
Daniel Longwell
Debbie Szpak
Ronald Szpak
Kelly Longwell
Debbie Szpak
Ronald Szpak
Kelly Longwell
Daniel Longwell
Kelly Longwell
12. Debbie Szpak is Plaintiff's mother and the Child's maternal grandmother.
13. Ronald Szpak is Plaintiff's father and the Child's maternal grandfather.
14. The mother of the Child is Kelly Lynne Longwell, currently residing as set
forth above. She is separated from her husband.
15. The father of the Child is Daniel Longwell, currently residing as set forth
above. He is separated from his wife.
16. The relationship of the Plaintiffto the Child is that of mother. She currently
resides with the following persons:
Name Relationship to Plaintiff
Brandon Alexander Longwell Son
17. The relationship of the Defendant to the Child is that of father. He currently
18.
19.
20.
21.
22.
23.
resides with the following persons:
Sallie
Tara Arcaro
Minor Child Arcaro
Relationship to Plaintiff
Girlfriend
Girlfriend's son to another
relationship
On August 17, 2001, the parties signed a Voluntary Separation and Property
Settlement Agreement (hereinafter the "Agreement") that provided, inter alia,
as follows:
"The parties shall have joint legal custody of their Child, with
Wife having physical custody, and Husband having the right
to reasonable visitation, including, but not limited to, one
weekend each month, with any overnight visitation to occur at
Husband's mother's house until further agreement of the
parties." Agreement at ¶ 3.
From August 17, 2001 to the date of filing this Complaint, the Child has
resided exclusively with the Plaintiff. Pursuant to the Agreement, Defendant
exercised periods of visitation approximately once per month. Overnight
visitation occurs at Defendant's mother's house in Cumberland County.
The parties have not agreed to alter the Agreement.
Plaintiff has not participated as a party or witness in other litigation
concerning the custody of the Child.
Plaintiff has no information of a custody proceeding concerning the Child
pending in a Court of this Commonwealth or in any other jurisdiction.
Plaintiff does not know of a person not a party to this proceeding who has
physical custody of the Child or claims to have custody or visitation rights
with respect to the Child.
24.
25.
26.
The best interest and permanem welfare of the Child will be served by
granting the relief requested because the Plaintiff has served as the primary
nurturing parent for the Child's entire life.
Each parem whose parental rights to the Child has not tcniiinated and the
person who has physical custody of the Child have been named as parties to
this action.
All other persons named below, who are known to have or claim to have a
right to custody or visitation with the children will be given notice of the
pendency of this action and the fight to intervene: None.
WHEREFORE, Plaintiffprays this Honorable Court to issue an ORDER
confin~fing custody pursuant to the terms of the parties' Agreement, as follows:
The parties shall have joint legal custody of their
Child, with Wife having physical custody, and Husband
having the fight to reasonable visitation, including, but not
limited to, one weekend each month, with any overnight
visitation to occur at Husband's mother's house until further
agreement of the parties.
Respectfully submitted,
THE LAW OFFICES OF RICHARD C. GAFFNEY
Supreme Court I.D. No. 6334~
2120 Market Street, Suite 101
Camp Hill, PA 17011
(717) 975- 9033
Attorney for Plaintiff
VERIFICATION
I, Kelly Lynne Longwell, do hereby verify that the facts set forth in the foregoing
Complaint To Confirm Custody are true and correct to the best of my knowledge,
information and belief, and I understand that false statements herein are made subject to
the penalties of 18 Pa. C.S. §4904 (relating to unswom falsifications).
DATE:
Kelly ~l~ L~,well(~
VOLUNTARY SEPARATION AND PROPERTY SETTLEMENT AGREEMENT
THIS AGREEMENT made this of ~f~ 2001, by and between DANIEL
RUSSELL LONGWELL, hereinafter referred to as Husband, and KELLY LYNN-E LONGWELL,
hereinafter referred to as Wife.
EXPLANATORY STATEMENT
The parties were married on the 25th day of June, 2000, in Meehanicsburg, Pennsylvania.
One child was bom to them as a result of their marriage, namely Brandon Alexander Longwell,
bom May 19, 2000, hereinafter referred to as "Child". Differences have arisen between the parties
and they are now and have been since August 27, 2001, living separate and apart from one another,
voluntarily and by mutual consent in separate abodes, without cohabitation, with the purpose and
intent of ending their marriage. It is the mutual desire of the parties in this Agreement to fo~fc~alize
their voluntary separation and to settle all questions regarding their Child, maintenance and support,
alimony, counsel fees, and their respective fights in the property or estate of the other.
NOW, THEREFORE, in consideration of the premises and of the mutual promises and
mutual covenants and understandings of each of the parties, the parties hereby covenant and agree
as follows, all as of the effective date hereof.
1. RELINQUISHMENT OF MARITAL RIGHTS
The parties, having muV~ally and voluntarily agreed to separate on August 27, 2001, shall
continue to live separate and apart, free from interference, authority and control by the other, as if
each were sole and unmarried, and each may conduct, carry on and engage in any employment,
business or trade which to him shall seem advisable for his sole and separate use and benefit,
without, and free from any control, restraint, or interference by the other party in all respects as if
each were married. Neither of the parties shall molest or annoy the other or seek to compel the
other to cohabit or dwell with him by any proceedings for restoration of conjugal rights or
otherwise, or exert or demand any fight to reside in the home of the other.
2. RIGltTS INCIDENT TO 15~diITAL RELATIONSttlP AND RIGItTS AS SURVIVING
SPOUSE
Except as otherwise provided herein, each of the parties hereto for himself or herself, and
his or her respective heirs, personal representatives and assigns, grants, remises and releases to the
other, any and all rights or interest which he now has or may hereafter acquire in the real, personal
or other property of the other. Each of the parties agrees to execute and deliver any and all deeds,
releases, quit claims, or other instruments as from time to time may be necessary or convenient to
enable the other party to deal with his property as if he were married. Except as otherwise
provided in this Agreement, each of the parties releases all claims and demands of any kind or
nature against the other party, including all interests incident to the marital relationship now or at
any time hereafter existing or occurring in the property or estate of the other party, or in marital
property, either statutory or arising at common law, specifically including all claims, demands and
interests arising under the Marital Property Act, Family Law Article, Annotated Code of Maryland,
Sections 8-201 through 8-213, as from time to time amended, and specifically including any right to
act as the other's personal representative. It is the intention of each and both parties that during their
respective lifetimes they may deal with their separate estates as if they were unmarried and that
upon the death of either, the property, both real and personal, then owned by him shall pass by his
Will or under the laws of descent as the case might be, free from any right of inheritance, title or
claim in the other party as if the parties at such time were unmarried.
3. CItlLD CUSTODY AND VISITATION
The parties shall have joi~t legal custody of their Child, with Wife having physical custody,
and Husband having the right to reasonable visitation, including, but not limited to, one weekend
each month, with any overnight visitation to occur at Husband' s mother's house until further
agreement of the parties.
4. CHILI) SUPPORT
Husband shall pay to Wife for the support and maintenance of the Child, the total sum of
Two Hundred Thirty-three Dollars ($233.00) per month, payable in two (2) equal installments of
$116.50 due and owing on the 1st and 15th of each month. Said support shall terminate upon the
parties' child having either died, married, become self-supporting or arrived at the age of 18 years,
or until the death of Husband, whichever first occurs. The parties agree that support shall begin to
accrue effective on the 1 st day of September, however Husband shall make his f'wst support payment
on or before October 1, 2001. The parties will make arrangements for the repayment of the
arrearage resulting from the delay of the first support payment with said payment arrangements to
be determined at a reasonable rate no later than October 1, 2001.
5. MUTUAL WAIVER OF ALIMONY
It is the mutual desire of the parties, that hereafter they shall each maintain and support
themselves separately and independently of the other. Accordingly, and in consideration of this
Agreement, the Wife releases and discharges the Husband, absolutely and forever for the rest of her
life from any and all claims or demands, past, present and future, for alimony and support, both
pendente lite and permanent; and the Husband releases and discharges the Wife, absolutely and
forever, for the rest of his life, from any and all claims or demands, past, present and future, for
alimony and support, both pendente lite and permanent.
6. PERSONAL PROPERTY
A. Prior to the execution of this Agreement, the parties divided up their personal property.
The parties agree that ail tangible personal property and household chattels presently located at the
Wife's residence shall be and remain the sole and exclusive property of the Wife, free and clear of
any interest of Husband, and ail tangible personal property and household chattels presently located
at Husband's residence shall be and remain the sole and exclusive property of Husband, free and
clear of any interest of Wife.
B. The parties agree that Wife shall ailow Husband to have the sole use and possession of
the parties' motorcycle and 2001 Dodge Neon until such date as the parties receive and absolute
divorce and a marital property determination is made, and Husband agrees to indemnify and hold
harmless Wife against any liability for payment due on said motorcycle and vehicle. The parties
agree that Wife has a non-maritai property interest in the Dodge Neon, and in the event said vehicle
is sold, destroyed or otherwise disposed of prior to the parties having been awarded an Absolute
Divorce, Husband agrees to reimburse Wife for her non-maritai property interest in the vehicle with
such interest to be detemfined at the time of the disposition of said vehicle.
C. Except as otherwise provided in this Agreement, each party shall retain, as his or her
sole and separate property, any stocks, bonds, or other securities, savings or checking accounts,
certificates of deposit, money market funds, deferred compensation of any kind, and any other
assets of any kind or nature in his or her own name, free and clear of any interest of the other.
7. DEBTS
Except as otherwise provided herein, the parties hereto agree that no further debts will be
contracted in the name of the other party, and to hold the other harmless in the event of a breach of
this paragraph. The parties further agree that neither party shall charge or cause or pemfit to be
charged to or against the other any purchase or purchases which either of them may hereafter make,
and shall neither thereafter secure or attempt to secure any credi[ upon or in connection with the
other, or in his or her name, and each of them will promptly pay ail debts and discharge ail financiai
obligations which each may incur for himself or herself.
8. MEDICAL EXPENSES
The parties agree to divide equally any non-covered medicai expenses.
9. INCOME TAX RETURNS
The parties shall file joint Federai and State income tax returns for each caiendar year in
which they are entitled to do so and agree to divide the tax refund received for said year in
proportion to their respective incomes of that year with consideration given for the amount of the
tax obligation, if any, which was actually contributed by each party.
10. MUTUAL RELEASE AND HOLD HARMLESS
Subject to and except for the provisions of this Agreement, each party is released and
discharged, and by this Agreement does for himself or herself, and his or her heirs, legal representa-
tives, executors, administrators and assigns, release and discharge the other of and from ail causes
of action, claims, rights or demands, whatsoever in law or equity, which either of the parties ever
had or now has against the other, except any or all cause or causes of action for divorce. Except as
provided in this Agreement, neither party shall incur any liability on behaif of the other or make any
charge against any account on which the other is liable, and each party covenants and agrees to
indemnib./the other and save him or her harmless from any liability for any obligation incurred by
him or her.
11. RESERVATION OF GROUNDS FOR DIVORCE
Neither party waives or condones any claim for divorce which either may have against the
other as of the date of this Agreement, and each party expressly ~eserves the fight to assert any such
claim.
12. COUNSEL FEES; COURT COSTS
Each of the parties shall pay his or her own counsel fees incurred in connectiOn with their
separation and divorce. Each party hereby waives the right to assert any claim against the other
party for counsel fees for legal services rendered to him or her at any time in the past present or
future, except that if either party breaches any provisions of this Agreement, or is in default thereof,
said party shall be responsible for any legal fees incurred by the other party in seeking to enforce
this Agreement.
13. FURTI-I~R ASSURANCES
The parties for themselves and their respective heirs, personal representatives and assigns,
do mutually agree to join in or execute any instruments and to do any other thing or act that may be
necessary or proper to caw/out any part of this Agreement, or to release any rights in any property
which either of said parties may now own or hereinafter acquire, including the execution and
delivery of such deeds and assurances as may be necessary to carry out the purposes in this
Agreement.
14. MISCELLANEOUS
A. Except as otherwise provided herein, each of the parties hereto for himself or
herself, and his or her respective heirs, personal representatives and assigns, releases all claims,
demands and interests arising under the Marital Property Act, Family Law Article, Annotated Code
of Maryland, Sections 8-201 through 8-213, as from time to time amended, including but not
limited to any claim to use and possession of the family home, if any; any claim to use and
possession of family personal property, if any; and claim to mariLal property, if any; and any claim
to a monetary award as an adjustment of the equities and rights of the parties concerning marital
property, if any.
B. With the approval of any court of competent jurisdiction in which any divorce
proceeding between the parties may be instituted at any time in the future, this Agreement shall be
incorporated in said decree of divorce, but not merged therein. It is further agreed that regardless of
whether this Agreement or any part thereof is incorporated in any such decree, the same shall not be
merged in said decree but said Agreement and all of the terms thereof shall continue to be binding
upon the parties and their respective heirs, personal representatives and assigns.
C. The parties mutually agree that in entering into this Agreement, each party signs this
Agreement freely and voluntarily for the purpose and with the intent of fully settling and
determining all of their respective rights and obligations growing out of or incident to their
marriage. Each party has had the fight to independent legal advice by counsel of his or her
selection, or has been advised of said fight, in the negotiation and execution of this Agreement.
Husband and Wife acknowledge that this Agreement is a fair and reasonable agreement, and that it
is not the result of any fraud, duress, or undue influence exercised by either party upon the other, or
by any person or persons upon either party;
D. Notwithstanding any other provisions of this Agreement, each party expressly
reserves any fight which he or she may have, now or in the future, to receive any Social Security
benefits provided by law, whether such benefits derive from his or her own earnings or from this
nmrriage. It is the intention of the parties that this Agreement have no effect whatsoever on their
respective fight to receive Social Security benefits.
E. Whenever the masculine gender is used herein, it shall also mean the feminine
gender, where appropriate, and the plural shall mean the singular, and vice-versa, where
eppropri~e.
F.
This Agreement contains the entire understanding of the parties. No modification or
waiver of any of the terms of this Agreement shall be valid unless made in writing, and signed by
the parties.
G. No provision of this Agreement shall be interpreted for or against any party hereto
by reason that said party or his or her legal representative drafted all or any part hereof.
H. No provision of this Agreement other than those pertaining to child custody and
support, shall be subject to modification by any Court.
I. Should any provision of this Agreement be found, held, or deemed to be
unenforceable, voidable or void, as contrary to law or public policy under the laws of Maryland or
any other state of the United States, the parties intend that the remaining provisions of this
Agreement shall nevertheless, continue in full force and be binding upon the parties, their heirs,
personal representatives, executors, and assigns.
J. As to these covenants and promises, the parties hereto severally bind themselves,
their heirs, personal representatives and assigns.
IN WITNESS WIIEREOF, the said parties hereto have hereunder set their hands and
seals the day and year first above written.
'"~ ~L'L LONGWELL
STATE OF MARYLAND, COUNTY OF ST. MARY'S, to wit:
subscriber, personally appeared, DANIEL RUSSELL LO~r~WI~L, who made oath in due form of law that
the matters and facts set forth in the foregoing Voluntary Separation and Property Settlement Agreement are
true and correct to the best of his knowledge, information and belief, and further acknowledged same to be
his free and voluntary act.
AS WITNESS my hand and Notarial Seal.
STATE OF MARYLAND, COUNTY OF ST. MARY'S to wit:
I HEREBY CERTIFY that on this I"/day of..~[~'_, 2001, bef°re me, the subscriber, a
Notary Public in and for the State and County aforesaid, pers~)ally appeared KELLY LYNNE
LONGWELL, who made oath in due form of law that the ma~'ters and facts set forth in the foregoing
Voluntary Separation and Property Settlement Agreement are true and correct to the best of her knowledge,
information and belief, and further acknowledged same to be her free and voluntary act.
WITNESS my hand and Notarial Seal.
St. lam~ coure/
State of Maitland
commission Exp~es Ju~y 1, ~,003
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
KELLY LYNNE LONGWELL,
PLAINTIFF
DANIEL RUSSELL LONGWELL
DEFENDANT
NO. ~,~ ~]o~-~CIVIL TERM
CUSTODY
ORDER
AND NOW, this [~b day of ~2002, upon consideration of
Plaintiff's Complaint to Confirm Custody and upon consideration of the parties
Voluntary Separation and Property Settlement Agreement dated August 17, 2001, which
Agreement contains terms that define arrangements for custody of the parties' minor
child, Brandon Alexander Longwell, bom May 19, 2000, and in consideration of the best
interests of the Child, it is hereby Ordered as follows.
The parties shall have joint legal custody of their Child, with Plaintiff, Kelly
Lynne Longwell, having physical custody and Defendant, Daniel Longwell, having the
right to reasonable visitation, including, but not limited to, one weekend each month,
with any overnight visitation to occur at Husband's mother's house until further
agreement of the parties or further Order of Court. This Court shall exemise continuing
jurisdiction of this matter.
,J.
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
KELLY LYNNE LONGWELL,
PLAINTIFF
DANIEL LONGWELL
DEFENDANT
NO. 02-1250 CIVIL TERM
CUSTODY
Certificate of Service
I, Richard C. Gaffney, hereby certify that on the { 4-ca day of March 2002, I
served a true and correct copy of Plaintiff's Complaint to Confirm Custody, via first class
United States Mail, postage prepaid, and via United States Certified Mail, Restricted
Delivery, Return Receipt Requested, to the following person:
Daniel Longwell
45782 Church Drive, Apartment 201
Great Mills, Maryland 20634
Date:
chard ~. Gaffney, 1~ i~
Attorney for the Plaintiff ~
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
KELLY LYNNE LONGWELL,
PLAINTIFF
DANIEL LONGWELL
DEFENDANT
NO. 02-1250 CIVIL TERM
IN DIVORCE
Certificate of Service
I, Richard C. Gaffney, hereby certify that on the 14'C~day of March 2002, I
served a true and correct copy of Plaintiff's Complaint in Divorce, via first class United
States Mail, postage prepaid, and via United States Certified Mail, Restricted Delivery,
Return Receipt Requested, to the following person:
Daniel Longwell
45782 Church Drive, Apartmem 201
Great Mills, Maryland 20634
Date: o~/~ 4//07_
Richard C. Gaffney,~tui~b~
Attorney for the Plaimiff 'x~
DANIEL RUSSELL LONGWELL,
Petitioner
VS.
KELLY LYNNE LONGWELL,
Respondent
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY
PENNSYLVANIA
NO. 02-1250
CIVIL ACTION - CUSTODY
PETITION FOR CONTEMPT AND/OR MODIFICATION
1. Petitioner is Daniel Russell Longwell, who resides at 45782 Chruch Drive,
Apartment 201, Great Mills, St. Mary's County, Maryland, 20634. He is in the Navy and
based on Annapolis, Maryland.
2. Respondent is Kelly Lynne Longwell, who resides at 1104 Yverdon Drive,
Apartment C-i, Camp Hill, Cumberland County, Pennsylvania 17011.
3. On March 18, 2002, the Honorable Edgar B. Bayley, Judge, entered the
following custody Order confirming an August 17, 2001, Maryland custody agreement: "the
parties shall have joint legal custody of their child with mother having physical custody and
father having right to reasonable visitation, including, but not limited to, one weekend each
month, with any overnight visitation to occur at Husband's mother's house until further
agreement of the parties ..... ". This order is attached hereto as Exhibit "A".
4. Since the entry of said Order, the following substantial circumstances and facts
also have changed, giving rise to this petition: The child is no longer a tiny infant and
recognizes his father after periods of separation and is comfortable being with this father.
Father is in the Navy presently stationed in Maryland but that term is due to expire. He is
likely to get stationed further away and won't be able to drive in for short weekend visits.
5. As a result of the foregoing, the existing provisions regarding custody are no
longer in the best interest and welfare of the child.
6. The best interests and welfare of the child will be promoted by a modification of
the present visitation schedule for the above reasons.
WHEREFORE, your petitioner respectfully prays that this Honorable Court modify the
visitation schedule as follows: At least one three-day wj~-k"~ :ach month, shared major
holidays, and two weeks {,acation. ~/)
Dated: .'~
Jerry,. ehilpott,/Esqui~
PH,~OTT & P~OS~R, LLP
2/~ff North High SWeet
~.O. Box 116
' Duncannon, PA 17020
(717) 834-3087
2
I verify that the statements made in this Petition to Modify Custody are true and correct. !
understand that false statements herein are made subject to the penalties of 18 Pa.C.S.§4909, relating to
unsworn falsification to authorities.
IN Tl:lE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
KELLY LYNNE LONGWELL,
PLAINTIFF
DANII~L RUSSELL LONGWELL
DEFENDANT
,oOP-I C iw
CUSTODY
ORDER
AND NOW, this ] ~ day o£ ~, ~ ~'~ 2002, upon consideration o£
Plaintiff's Complaint to Confirm Custody and upon consideration o£the parties
Volumary Separation and Property Settlement Agreemem dated August 17, 2001, which
Agreement contains terms that define arrangements £or custody of the parties' minor
child, Brandon Alexander Longwell, bom May 19, 2000, and in consideration o£the best
interests of the Child, it is hereby ordered as follows.
The parties shall have joint legal custody of their Child, with Plaintiff, Kelly
Lynne Longwell, having physical custody and Defendant, Daniel Longwell, having the
fight to reasonable visitation, including, but not limited to, one weekend each month,
with any overnight visitation to occur at Husband's mother's house until further
agreement of the parties or further Order of Court. This Court shall exercise continuing
jurisdiction of this matter.
TRUE COPY FROM RECORD
I.g a
By The Court:
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
KELLY LYNNE LONGWELL,
PLAINTIFF
DANIEL RUSSELL LONGWELL
DEFENDANT
}
}
}
}
}
}
}
NO. 02-1250 CIVIL TERM
CUSTODY & DIVORCE
Richard C. Gaffney, Esquire, being duly sworn according to law, deposes and says that
on March 14, 2002, he mailed a true and correct copy of the Complaint in Divorce and
Complaint to Confirm Custody to the Defendant, by certified mail with restricted delivery,
postage prepaid, return receipt requested and evidenced by return receipt No. 7000 0600 0021
3855 9170 to Defendant's last known address; that on March 16, 2002, Defendant did personally
receive said Complaint in Divorce; that attached hereto, made a part hereof and marked as
Exhibit "A' is return receipt card number 7000 0600 0021 3855 9170, with Defendant's
signature affixed thereon; and that the facts set forth in the within Affidavit are true and correct
to the best of his information and belief.
Richard a. Gaffn~ (~
Sworn to and subscribed before me
this 9_~*' day of V4~.xc_.L_ ,2002.
Notary Public
My Commission Expires: OSli'blo'2-
"l Complete items 1, 2, and 3. Also complete
Item 4 If Restricted Delivery is desired.
· Print your name and address on the reverse
so that we can return the card to you.
· Attach this card to the back of the mailpiace,
or on the front if space pefrnits.
1. A~ticle Addressed to:
i-ir. Dcmi l
Will5,
ri Age~
O .A~d~see
different from Item 17 i'-I Ye~
address below: [] No
J '~[:~Regi.temd i-I Return Receipt f~ ~tse ~
2. Article Number (C~oy, from se~Ice. ~ --. ~,-,~,
PS Form 3811, July 1999 Domestte Return Rm:aipt 10259s-00-fl-09r~
mailer)
DANIEL RUSSELL LONGWELL
PLAINTIFF
V.
KELLY LYNN LONGWELL
DEFENDANT
1N THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
:
02-1250 CIVIL ACTION LAW
IN CUSTODY
AND NOW, Tuesday, April 09, 2002 , upon consideration of the attached Complaint,
it is hereby directed that parties and their respective counsel appear before Melissa P. Greevy, Esq. _, the conciliator,
at 301 Market Street, Lemoyne, PA 17043 on Tuesday, May 07, 2002 at 12:30 PM
for a Pre-Hearing Custody Conference. At such conference, an effort will be made to resolve the issues in dispute; or
if this cannot be accomplished, to define and narrow the issues to be heard by the court, and to enter into a temporary
order. All children age five or older may also be present at the conference. Failure to appear at the conference may
provide grounds for entry of a temporary or permanent order.
The court hereby directs the parties to furnish any and ali existing Protection from Abuse orders,
Special Relief orders, and Custody orders to the conciliator 48 hours prior to scheduled hearing.
FOR THE COURT,
By: Is~ Melissa P. Greetrv. Estl. 1~
Custody Conciliator ' (3 rna _
The Court of Common Pleas of Cumberland County is required by law to comply with the Americans
with Disabilites Act of 1990. For information about accessible facilities and reasonable accommodations
available to disabled individuals having business before the court, please contact our office. All arrangements
must be made at least 72 hours prior to uny hearing or business before the court. You must attend the
scheduled conference or hearing.
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, Pennsylvania 17013
Telephone (717) 249-3166
MAY ~ 1 zOOZ ~
DANIEL RUSSELL LONGWELL,
Plaintiff
V.
KELLY LYNN LONGWELL,
Defendant
IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
NO. 02-1250 CIVIL TERM
CIVIL ACTION - LAW
:
iN CUSTODY
INTERIM ORDER OF COURT
AND NOW, this ~ day of June, 2002, upon consideration of the attached
Custody Conciliation Summary Report, it is hereby ordered and directed as follows:
1. Legal Custody. The parties, Daniel Russell Longwell and Kelly Lynn Longwell,
shall have shared legal custody of the minor child, Brandon Alexander Longwell, born May
19, 2000. Each parent shall have an equal right, to be exercised jointly with the other
parent, to make all major non-emergency decisions affecting the child's general well-being
including, but not limited to, all decisions regarding his health, education and religion.
Pursuant to the terms of Pa. C. S. §5309, each parent shall be entitled to all records and
information pertaining to the child including, but not limited to, medical, dental, religious or
school records, the residence address of the child and of the other parent. To the extent
one parent has possession of any such records or information, that parent shall be required
to share the same, or copies thereof, with the other parent within such reasonable time as to
make the records and information of reasonable use to the other parent.
2. Physical Custody. Mother shall have primary physical custody of the minor
child subject to Father's rights of partial physical custody which shall be arranged as follows:
A. Effective May 31, 2002 on alternating weekends from Saturday
at 9:30 a.m. until Sunday at noon. In the event that Father's work schedule
permits, his weekend may commence at 7:00 p.m. on Friday provided that he
notifies Mother of his availability by 2:00 p.m. on the Friday of his custodial
weekend.
B. To commence Father's first custodial weekend in September
2002 and to continue to occur not more frequently than one time per month, if
Father wants to exercise his custodial rights in Maryland, he may pick up the
child on Friday evening and depart for Maryland the following day on Saturday
morning, returning custody to Mother by 8:00 p.m. on Sunday.
NO. 02-1250 CIVIL TERM
3. Vacation. For the summer 2002, Father shall have custody for the period
June 7 through June 14, 2002 and July 7 through July 14, 2002. These vacation weeks
may be exercised in Maryland. For subsequent summers, Father shall continue to have no
less than two (2) weeks of summer vacation. In anticipation of Father's military assignment
to Everett, Washington in March 2003, Father will accompany the child on the airplane for
summer custody exchanges. Father anticipates the use of military aircraft for the airline
transportation. However, in the event that military airline transportation is not available,
Father will bear the full expense of the flights incident to his periods of custody. In the event
that Mother is aggrieved by the Conciliator's recommendation allowing Father to accompany
the child on these flights, Mother retains the right to petition the Court for modification of the
Order in this respect only.
4. Father will provide a car seat for use during his periods of custody. For
purposes of this Custody Order, the child's clothing will be deemed to be the possession of
the child. Therefore, Mother will provide clothing for Father's periods of custody which
Father will then retUrn at the end of his period of custody.
5. Transportation. The parties will select a neutral meeting place one-half way
between Camp Hill and Carlisle for the custodial exchanges.
6. Holidays. For Christmas Eve 2002 unless otherwise agreed, Father will have
custody from 9:00 a.m. on December 24th through 8:00 p.m. on December 24th. Other
holidays and future Christmases will be shared in consideration of Father's availability due
to his present military obligation.
7. It shall be a priority for Father to have some liberal periods of partial custody
prior to deployment which details shall be worked out by the parties.
Cumberland County will exercise continuing jurisdiction over this matter.
BY T~
Edga~'B. Bayl~"~ J.
Dist: Jerry A. Philpott, Esquire, P.O. Box 116, Duncannon, PA 17020
Richard C. Gaff,ney, Esquire, 2120 Market Street, Camp Hill, PA 17011
MAY 3 ! ZOO2
DANIEL RUSSELL LONGWELL,
Plaintiff
V.
KELLY LYNN LONGWELL,
Defendant
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 02-1250 CIVIL TERM
CIVIL ACTION - LAW
IN CUSTODY
CUSTODY CONCILIATION SUMMARY REPORT
IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE
1915.3-8, the undersigned Custody Conciliator submits the following report:
1. The pertinent information concerning the child who is the subject of this
litigation is as follows:
NAME
DATE OF BIRTH CURRENTLY IN THE CUSTODY OF
Brandon Alexander Longwell May 19, 2000
Mother
2. A Custody Conciliation Conference was held on May 21, 2002 in response to
Father's Petition for Contempt and/or Modification filed on April 4, 2002. Present for the
conference were the Father, Daniel Russell Longwell, and his counsel, Jerry A. Philpott,
Esquire; the Mother, Kelly Lynn Longwell, and her counsel, Richard C. Gaffney, Esquire.
3. The parties reached an agreement as to all but one issue. The issue which
was not resolved was whether Father would be permitted to exercise his summer periods of
custody in Washington by accompanying the child on an airplane for custodial exchanges
after his military assignment is changed to Everett, Washington in March 2003.
4. Mother's position on this issue is that the child is too young to fly on an
airplane. She states that she would not object to him flying accompanied by his Father
once he has reached age five. Mother also alleges that the child has a history of ear
infections and that for this reason, it would not be good for him to fly. At this rather lengthy
Conciliation Conference, Mother's own anxiety about the separation from her child was quite
evident. When the Conciliator attempted to address Mother's concerns about the impact of
his past ear infections on the advisability of future flying on commemial or military aimraft, by
allowing for a medical examination by the child's pediatrician to guide the decision-making,
Mother then presented additional reasons why she objected to the child flying. The present
agreement of the parties provides that Father is not allowed to drive the child to Maryland
for any of his periods of custody until September 2002. This was a concession which Father
made in an attempt to alleviate Mother's anxieties about the child being separated from her
across a state line.
NO. 02-1250 CIVIL TERM
5. Father's position is that he will be accompanying the child on all flights incident
to his custodial exchanges. He anticipates the flights will occur on military aircraft.
However, if that is not available to him, he offers to bear the full expense of the commercial
flights. Father expressed that he believes it is important for the child to have interaction with
him and the rest of his family at their new home as well as an opportunity to see where his
Father works at the Naval base.
6. The Order attached largely reflects and agreement of the parties with the
exception of the provisions related to airline transportation to commence in the summer of
2003. The Conciliator makes a recommendation consistent with Father's request to
accompany the child on the airplane for the custodial exchanges while reserving Mother's
right to petition the Court to modify the Order in this regard, thereby requiring Father to have
his summer periods of custody occur in Pennsylvania.
Date
: 158668
Philpott & Prosser
LLP
P.O, BOX 116
(717) 834-3087
15 E. Main Street
P.O. BOX 395
(717)582-4262
Jerry A. Philpott, Esq.
Kevin E. Prosser, Esq.
SEPARATION AND PROPERTY SETTLEMENT AGREEMENT
THIS AGREEMENT made this __ day of June, 2002, by and between Kelly Lynne
Longwell (hereinafter called "Kelly" or "Wife") and Daniel Russell Longwell (hereinafter called
"Dan" or "Husband").
WITNESSETH
The parties hereto are wife and husband, having been married on June 25, 2000. There was
one child bom of this marriage; however, child support and custody issues have been resolved
separately from this Agreement. Kelly has filed for divorce in Cumberland County, Pennsylvania,
at Docket 02-1250.
WHEREAS diverse unhappy differences, disputes and difficulties have arisen between
Kelly and Dan, and it is their intention to divorce, and they are desirous of settling fully and finally
their respective financial and property rights and obligations as between each other, including
'without limitation, 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 and future
support, alimony and/or maintenance of either party by the other, and the settling of any and all
claims and possible claims by one against the other or against their respective estates.
NOW, THEREFORE, in consideration of the premises and of the mutual promises,
covenants and undertakings hereinat~er set forth and for other good and valuable consideration,
receipt of which is hereby acknowledged by each of the parties hereto, Kelly and Dan, each
intending to be legally bound hereby and to legally bind their heirs, successors and assigns,
covenant, promise and agree as follows:
1 ADVICE OF COUNSEL The provisions of this Agreement and their legal effect
have been fully explained to the parties by their respective legal counsel. Kelly is represented by
Richard C. Gaffney, Esquire; Dan is represented by Jerry A. Philpott, Esquire. Each party
acknowledges that she or he has either received independent legal advice from counsel of her or
his selection or that he or she has had the opportunity to do so and has voluntarily declined to seek
such advice. Each further acknowledges that she or he has been informed of the right to obtain
independent counsel and that he or she understands his or her legal rights. Moreover, each party
acknowledges that each fully understands the facts and has been fully informed as to his or her
legal rights and obligations and each party acknowledges and accepts that this Agreement is, in
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. The parties acknowledge that each has been fully informed
of the wealth, property, estate and income of the other, and each party is hereby satisfied that such
Pa~e 1 of 6
information is true and correct.
2 PERSONAL RIGHTS Kelly and Dan may and shall, at all times hereafter, live
separate and apart. Each shall be free of all control, restraint, interference or authority, direct or
indirect, by the other in all respects as fully as if she or he were unmarried. Each may reside at
such place or placos as she or he may select. Each may, for her or his separate use or benefit,
conduct, carry on and engage in any business, occupation, profession, or employment that to her
or him may seem advisable. This provision shall not be taken, however, to be an admission on
the part of either Kelly and Dan of the lawfulness of the causes that led to, or resulted in, the
continuation of their living apart. Kelly and Dan shall not molest, harass, disturb or malign each
other or the respective families of each other nor compel or attempt to compel the other to cohabit
or dwell by any means or in any manner whatsoever with her or him.
3 CASH PAYMENT In consideration of the other exchanges herein, Dan agrees to
pay Kelly, and Kelly agrees to accept as payment in full, Three thousand dollars ($3,000.00) in
>eriodic payments as follows: Fifty dollars ($50.00) per month commencing July 1, 2002, without
interest until paid in full.
4 PERSONAL PROPERTY Kelly and Dan do hereby acknowledge that, except as
herein provided, they have heretofore divided the marital property including, but without
limitation, jewelry, clothes, furniture and other personalty and hereafter Kelly agrees that all of the
property in the possession of Dan shall be the sole and separate property of Dan; and, Dan agrees
that all of the property in the possession of Kelly shall be the sole and separate property of Kelly.
This Agreement shall have the effect of an assignment or bill of sale effective on the signing
hereof from each party to the other for such property as may be in the individual possession of
each of the parties hereto. Each of the parties hereto does hereby specifically waive, release,
renounce and forever abandon whatever claims, if any, she or he may have with respect to any of
the above items that are the sole and separate property of the other.
5 REAL PROPERTY The parties owned no real property during the marriage.
6 LIABILITIES Kelly and Dan each represents that he or she has not contracted any
debt or liability for the other for which the estate of the other party may be responsible or liable,
and that except only for the rights arising out of this Agreement, neither party will hereafter incur
any liability whatsoever for which the other party or the estate of the other party, will be liable.
Each party agrees to indemnify or hold the other party harmless from and against all future
obligations of every kind incurred by them, including those for necessities. The parties have
>reviously divided debts. Each, however, agrees to hold the other harmless on any debt that each
one has.
7 EQUITABLE DISTRIBUTION It is specifically understood and agreed that this
Pa~e 2 of 6
Agreement constitutes an equitable distribution of property that was legally or beneficially
acquired by Husband and Wife or either of them during the marriage, as contemplated by the Act
of April 2, 1980, known as the Divome Code, 23 Pa.C.S. §§3101 et seq., as mended, of the
Commonwealth of Pennsylvania. The parties hereto agree that the division of marital property
provided herein is fair, adequate and satisfactory to them. Each agrees to accept the provisions
of this Agreement in lieu of and in full and final settlement and satisfaction of all claims and
demands that either may now or hereafter have against the other for equitable distribution of
marital property.
8 RELEASE OF SPOUSAL SUPPORT Kelly and Dan do hereby waive, release
and give up any rights they may respectively have against the other for alimony, alimony pendente
lite, support or maintenance. It shall be fi.om the implementation date of this Agreement as set
forth, the sole responsibility of each of the respective parties hereto to sustain himself or herself
without seeking any support from the other party.
9 NO-FAULT DIVORCE It is specifically understood and agreed by and between
the parties and each party does hereby warrant and represent to the other that their marriage is
irretrievably broken as that term is defined in the Divorce Code. The parties agree to take all legal
steps (including the timely and prompt submission of all documents and taking of all actions)
necessary to assure that a divorce pursuant to Section 3301(c) of the Divorce Code is entered as
soon as possible.
10 MUTUAL RELEASE Kelly and Dan each do hereby mutually remise, release,
quitclaim and forever discharge the other and the estate of such other, for all time to come, and for
all purposes whatsoever, of and fi.om 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, of whatever nature and wheresoever situate, that 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 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 ora surviving spouse to participate in a deceased spouse's estate, whether arising
under the laws of (a) the Commonwealth of Pennsylvania, (b) any State, Commonwealth or
territory of the United States, or (c) any other country, or any rights that Kelly or Dan may now
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
ot.h .erwise, except, and only except, all rights and agreements and obligations of whatsoever nature
ansmg or that may arise under this Agreement or for the breach of any provision thereof. It is the
intention of Kelly and Dan to give to each other by the execution of this Agreement a full,
complete and general release with respect to any and ail properly of any kind or nature, real,
Pa~e 3 of 6
personal or mixed, that the other now owns or may hereafter acquire, except and only except all
rights and agreements and obligations of whatsoever nature arising or that may arise under this
Agreement or for the breach of any provision thereof, subject, however, to the implementation and
satisfaction of the conditions precedent, if any, as set forth herein above.
11 OTHER DOCUMENTATION Kelly and Dan covenant and agree that they will
forthwith (and within at least ten (10) days after demand therefor) 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, and as their respective
counsel shall mutually agree should be so executed in order to carry out fully and effectively the
terms of this Agreement.
12 SUCCESSOR'S RIGHTS AND LIABILITIES This Agreement shall, except as
otherwise provided herein, be binding upon and inure to the benefit of the parties hereto, their
respective heirs, executors, administrators, successors and assigns.
13' ENTIRE AGREEMENT Kelly and Dan do hereby covenant and warrant that this
Agreement contains all of the representations, promises and agreements made by either of them
to the other for the purposes set forth in the preamble hereinabove; that there are no claims,
promises or representations not herein contained, either oral or written, that shall or may be
charged or enforced or enforceable unless reduced to writing and signed by both of the parties
hereto; and the waiver of any term, condition, clause or provision of this Agreement shall in no
way be deemed to be considered a waiver of any other terms, conditions, clauses or provisions of
this Agreement.
14 BINDING EFFECT OF AGREEMENT This Agreement shall remain in full force
and effect unless and until terminated under and pursuant to the terms of 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 a similar nature.
15 BREACH If either party breaches any provision of this Agree~nent, the other party
shall have the right, at his or her election, to sue for damages or any other relief that may be
available to him or her for such breach, and the party breaching this Agreement shall be
responsible for payment of legal fees and costs incurred by the other in enforcing his or her rights
under this Agreement.
16 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 provision 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 her or his obligations under any one or more of the paragraphs herein, with the
Pa~e 4 of 6
exception of the satisfaction of the conditions precedent, if any, shall in no way avoid or alter the
remaining obligations of the parties.
17 HEADINGS Any headings preceding the text of the several paragraphs and
subparagraphs hereof are inserted solely for convenience of reference and shall not constitute a
part of this Agreement nor shall they affect its meaning, construction or effect.
18 EFFECTIVE DATE The effective date of this Agreement shall be the date upon
which it is executed. This Agreement shall be deemed to have been executed on the date the last
party signing it shall have signed.
19 CONTROLLING LAW This Agreement shall be construed in accordance with
the laws of the Commonwealth of Pennsylvania.
20 SURVIVAL BEYOND DIVORCE DECREE The parties hereby acknowledge
that they have accepted the within separation and property settlement agreement as a final
settlement for all purposes whatsoever between themselves as contemplated by the Pennsylvania
Divorce Code. Should a decree, judgment or order of separation or of divorce be obtained by
either of the parties in this or any other state, each of the parties hereby consents and agrees that
this Agreement and all its covenants shall not be affected in any way by any such separation or
divorce; and nothing in any such decree, judgment, order or further 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 that this Agreement shall
survive and shall not be merged into any decree, judgment or order of divorce or separation. It
is specifically agreed, however, that a copy of this Agreement or the substance of the provisions
thereof, may be incorporated by reference into any divorce, .judgment or decree for the purposes
of enforceability only. This incorporation, however, shall not be regarded as a merger, it being
the specific intent of the parties hereto to permit this Agreement to survive any judgment or
decree, and to be forever binding and conclusive upon the parties.
IN WITNESS WHEREOF, the panics hereto have set their hands and seals the day and
year first above written.
This Agreement is executed in duplicate, and in counterparts, and Kelly and Dan, as parties
hereto, acknowledge the receipt of a duly executed copy hereof. /-,, ~-.~
kelly Ly~,_~<gwe~ (~
Pa~e 5 of 6
COMMONWEALTH OF PENNSYLVANIA )
) SS
COUNTY OF U_m~:'/~[O~_ )
On ~e~ day of~ l~l I , 20~before me, ~e subscribe, a Not~ Public in
~d for ~e Commonwealth o~a, residing in the Co~ of~, p~on~ly
appe~ before me Kelly Lynne Lon~eH, ~d in due fora of law ac~owl~ged the above
A~ement to be h~ act ~d de~ ~d desir~ the sine to be re~rd~ as such.
I Caalp Hill I~n~. Cumlerlaml Cou~'y !
I My Commimsimt F~tw{te~ AWr. l_~,.~ I
COMMONWEALTH OF PENNSYLVANIA )
co oF ))ss
On the l~:Mtay of'~O ~.~ ,20~ before me, the sub~chb~, a Not~ Public in
~d for ~e Co~onweal~ of P~nsylv~i~ residing in ~e Co~ of ~ , p~onally
appe~ before me Darnel Rn~eli Lon~e~, ~d in due fora of law ~c~ledged hhe above
A~ement to be his act ~d de~ ~d desired t~me to be r~ord~ as suc~.
Page 6 of 6
COMMON pLEAS
NO. O~.t~50 CY~L
ANIEL RUsseLL LoNGV4ELL
~ 1N Dt¥°P'C~
pRA~CIP,~ FO .fRANSMIT p~coRD
To the prothOnota~ °f~e Said CoUrt: ·
K~ndly ~xansmit the record, toge~er ~ ~e foBo~ng ~°~atx°n' to ~e Co~ for
of a divorce decree: 3301(c) of ~e Divorce
1. GroUnd for divorce: ~e~ie~able bre~do~ ~der ~
Code. ' ee of the complaint:
2. Date and manner of se~
entry
'cted Delivery, RetUrn
~ecei~tg-equ~ . ._Aant'slaS~'v':'~ ,~.. 206341. ~ ~.,
"- : ~ 'o ~e Deteu~ ~MiBs, M~d -~ evidencea'~
Drive, ~v~:, ~eive s~o ~"7[~ ,~ eons on ~P~" '
~e ~davt~ u~ o- edtred by Se t, D~iel
· . ~* cogent r q -~. bx defend~
. ~the~damtm ,,. ]uly12,'Zuu~' -
le of execut~?n °} ~}~,:~ KeB~ Longweu'
D~ .~n. ~e 18,2002.
Longw~"
Rdated claims pending: None
IN THE COURT OF COMMON PLEAS
STATe OF
Of CUMBERLAND COUNTY
~,~~ ~ PENNA.
Plaintiff
VERSUS
]~ i I~ii I~"-~S~ .L
NO. 02-1250 - Civil Term
DECREE IN
DIVORCE
AND NOW,~ I~
DECREED That KELLY L'~NE LONGNELL
, IT iS ORDERED AND
, PLAINTI FF~
AND DANIEL RUSSELL LONGWELL
, DEFENDANT,
ARE DIVORCED FROM THE BONDS Of MATRIMONY.
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 BEEN ENTERED;
ATTES~
PROTHONOTARY