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HomeMy WebLinkAbout94-00578 , ,I' 1:* '~~ 1 ~ ~~~ ,~ ~ .~ ,\ J "I ~ ;, t -~- .. .-t!... ~~~~~,...... .. .~~.,~_~,'!L~:l'~i.~~':!!<..::!"-"'-"~ ; . . . . . . . . . . . . . i . . . ; . . . . . ; . . . . . . I . . . . . ~ ~ ~ . . . . . Tn/!. .par.t.Les.'. .Sepa.r.ation ,and ,Property, .SlItt,Lemcn.t. .Age.emllln.t.,. .d8t~d June. ~~h,. ,~~,9At. ~.s..tn~.o,x:~?r.~~~!I. .~~r;~,i,~ .~!1d..t~~. .~9~1~,t. .ry~~. .~l,Ir.i.s,~~7,t,i,on ove no oth r claims. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY STATE OF '* PENNSYLVANIA LORRAINE Y.WOU'E, !i NO,..1.7.L."."".. "......"".".. 1994 ,I Plaintiff Vllrl:JlI~ EMNERT f.:. WOLFE, Defendant AND NOW, DECREE IN ..A o I V 0 R c..E (J}... (( :,., A "-3 fJf( , " . . . . . . . . . . . , , . , , . , . , .. 19"",.. It la ord.r.d and d.cr..d that..,.. , , ,,"P.t;t;\I~1\El, Y.., .'v/9~f.e. .... , , , , , , . . , , . . ,.. " plaintiff, and",.."........, ..~Il)l)1!l,r,~ ,f:,...\;9~,f.e.."....,.".....,..... d.f.ndant, are dlvorc.d from the bond. of matrimony. Th. court r.talna lurl.dlctlon of the following claim. which have b..n ralaed of r.cord In thla action for which a final ord.r haa not y.t b..n entered; . , . * 8 * 8 - ---.......-.-..... -'-'-'---_....._--_:_.'.~ o y 'lfJ"'. 0 .(;~.'I fI MJ'4~"~ ~ . ~~,.( .'~/l.'" /1.0~.~ J, k~.4..,.. .fJ~:Jf Prothonotary , . , i.' 'I " ," " , " '1'\ I ! :1 I Ili'l , , i; r \' , ,I' " "1" " " " , " " i' " " , , , , " , , ' , , , " , ' !," I, , " I'" " I , ill 'I " )f~tt ~4r ~0p' Jj e ", C") ~~ ,..,~" ~., - ('" . !1:''f,'' " '''' \,.--;0 ~t l. 'r.1~'J.' ")/ ~ ./ .~~'l 'lit_I, '1.,lll ~ . r-..,)IIJ ,.:.'1\. ..~ ~, M .!f I, ., " ,,' 1',1 . " ';'1 , " I' " " " , dd , , '. " 'I " I: I. , iI: I , I 'I III 1,1 , , j' " , ,I " " ,Ii I.; " ,I " " " 'I ;'1 \1, " . 1 ., >I "1 , " , 'I ,1" ii, , i I '. . ~;. .It " "il ., ',II ';' , i:1 " , I !, I , i" , , ,1'li , , ., 0 I /,1 ,,'j 'ii' " ... " /, "'1, Ii ,'I " 0 , I, , ;! . '. ,,' I ! ,,',I id ", , .;; ': , , 0 .' , ., . , :I!, t' , " ., , Ik::;I_~!--;; \ ,'.-, '" :'1 " ,or, ", If, .' " I'd , I' J ( }I! .. " ., LORRAINI Y. WOL'I, I IN THE COURT 0' COMMON PLIAS 0' Plaintiff I CUMBERLAND COUNTY, PENNSYLVANIA I VI. I CIVIL ACTION - LAW I NO. !, 'I i CIVIL 1994 IHHIRT I. WOLrB, I Defendant I IN DIVORCE NOTICI TO PI,INO ANP CLAIM RIonTS YOU HAVI BIIH SUlP IN COURT. If you wi.h to defend again.t the claim. .et forth in the following paqe., you mu.t take prompt action. You are warned that if you fail to do .0, the ca.e may proceed without you and a decree of divorce or annulment may be entered aqainet you by the Co~rt. A judqment may al.o be entered aqain.t you for any other claim or relief reque.ted in the.e paper. by the Plaintiff. You may lOBe money or property or other riqht. important to you, includinq cUBtody or visitAtion of your children. When the qroundB for divorce i8 indignitiee or irretrievable breakdown of the marriage, you may requeBt marriaqe counBellinq. A li.t of marriaqe coun8elorB il available in the Prothonotary'. Office at the Cumberland County Courthoule, Carli.le, Penn.ylvania. Ir YOU DO NOT 'ILl A CLAIM rOR ALIIIOHY, DIVISION 0' PJWPIRTY, LANYBR' B 'liS OR IIPIHSIS, BlroRl A DIVORCI OR AlOIULIOlIl'l' IB GRAHTID, YOU NAY WBI 'l'HB RIGH'l' TO CLAIM ANY 0' TIIBJI. YOU SHOULD TAU 'l'HIS PAPIR TO YOUR LMrfBR AT OIlCI. Ir YOU DO HOT HAVB A LAWYlR OR CAlfHOT AF'ORD on, GO TO OR TILlPHOD '1'HB orrICI SIT POR'l'H BILOW TO rINO OUT WHIlRl YOU CAlI GIT LlGAL IIILP. Court Admini.trator - Fourth ,loor Cumberland County Courthou.e Carli.le, Penn8ylvania 17013 Telephone (717) 240-6200 JameB J. Kayert Isquire Attorney for Plaintiff 4 Liberty Avenue Libertr Loft Carli. e, PA 17013 (717) 243-7922 \ LORRAXNI Y. WOUI, I IN TH. COURT or COMMON P~IAS or Plaintiff I CUMBERLAND COUNTY, PENNSYLVANIA I v.. I CIVIL ACTION - LAW I NO. S'If" CIVIL 1994 IIlNIRT I. WOLPII, I Defendant I IN DIVORCI 1. Plaintiff is record i. 502 lit Penn.ylvania 17013. 2. Defendant il IKNlRT I. WOLF., whOle current addre.. of record ie 7 Mooreland Avenue, Mount Holly Sprinq., Cumberland County, Pennlylvania 17065. 3. Plaintiff and Defendant have been bona fide re.ident. of the Commonwealth for at lealt .ix month. immediately previoue to the filinq of thi. Complaint. 4. The plaintiff and defendant were married on July 11, 1975 in Cumberland County, Pennlylvania. 5. There ha. been no prior action. of divo~ge filed in thi. CONP~III'1' III DlVORCB COOS NOW, Plaintiff LORRAIIII Y. WOLFI, throu9h helL' attorney, Jame. J. Kayer, I.quire and aveI'I a. follow. I COUNT I - DIVORCI LORRAIHI Y. WOLFB, who.e current home of Street, Carlie1e, Cumberland County, matter. 6. The marriage ia irretrievably broken, and the partie. are proceedinq under Section 3301(c) of the Divorce Code. I' 1,', II, I I . i I. " 'I I. " I "1' )i' I /" :',' 10: ' ~,U)~ o;W;"~ol-. ~. '~ I ~~H... . ~~, ,\~A . --~ b()ll'l "':, 'I 'i' EXIlIIlIT HAH I. I, I' " . . I' ( ( , " " , , ., " , I I , " .j ( , ., " ~ [',. E '" I 'I 'I ~ '.:::1 r." " , , " ~...[ I "I:; .1 , III' I , .' I, I. Ii I, . I ., " " ) ) .) ) . , I .1 i' condonation on the part of either party hereto of any aCI or acls on the part of the other party which have occurred prior to the dale hereof. The parties Inlend to secure a mUlual consent divorce. 2. 1lfFE~~T OF DIVORCE DECRIl!l: The parties a1!ree that unless otherwise specifically , provided herein. this A1!reement shall conllnue In full fOI'ce and effect after such time as a final decree in divorce may he elllered with respect to the parties. 3. MiBEEME~T TO BE INCORPORATED IN D1YORCj.i DEem: The parties a1!ree that the terms of this A1!reemenl shall he incorporated 11Ilo any divorce decree which may be entered with respect to them. 4. SEPARATION: It shall be lawful for each party at all times hereafter to live separate and apart from the olher party as such place as he or she may from time to time choose or deem fit. The foregoing provisions shall not be taken as an admission on the part of either party of the lawfulness or unlawfulness of the causes leading to their living aparl. S. lliIERFERENCE: Each party shall be free from interference. authority. and conlllct by the other, as fuliy as If he or she were single and unmarried except as may be necessary !() carry out the provisions of this Agreemelll. Neither party shall molest the other or attempt to endeavor to molest the other. nor compel the other to cohabit with the other. or In any way harass or malign the other. nor In any way interfere with the peaceful existence, separate and apart from the other. 6. W.U:~.fB.IS: WIFE represellls and warrants to UI.JSBAND lhat since their separation she has not and in the future she will not cOlllract or Incur any debt or liability for which HUSBAND or his estate might be responsible and shall Indemnify and save harmless HUSBAND from any and all claims or demands made against him by reasons of debts or obligations Incurred by her. 7. illlSBAND'S DEBTS: HUSBAND represents and warrants to WIFE that since their separation he has not and in the future he will not cOlllract or incur any debt or liability for which WIFE or her estate might be respllnsible and shall indemnify and save harmless WIFE from any and all claims or demands made against her by reason of debts or obligations Incurred by him. 8. MlIT.UAL REl.EASE: Subject to the provisions of this Agreement. each party has released and discharged. and by this Agreemelll docs for himself or herself and his or her heirs, legal representatives. executors. administrators and assillns, release and discharge the other of and from all causes of action, claims, rights, or demands. whatsoevcr in law or equity. which either of the parties ever had or now has a1!alnst lhe olher, cxcept allY or all cause or causes of action for divorce and except any or all causes of action from breach of any provisions of this Agreement. 9. REAL PROPERTY: Thp. marital home at 7 Mooreland Avenue. Mount Holly Springs. Penll5ylvania, shall be sold at a mutually agreeable price. The proceeds of such sale shall be divided equally betweenlhe parties. 10. OlYISION OF PERSONAL PROPERTY: (a) The parties have heretofore divided their personal property to their mutual satisfaction. Henceforth. each of the parties shall own. have and enjoy, independently of any claim of right of the othcr party, all Items of personal property of every kind. nature and description and wheresoever situated. which Bre now owned or held by or which may hereafter belong to the HUSBAND or WIFE respectfully, with full power!() the IIlJSBAND or the WIFE to dispose of same as fully and effectually, In all respects and for all purposes as if he or she were unmarried. All items of personal property shall be divided between the parties as provided herein: (b) Personal Effects: All items of personal effects such as. but not limited to: jewelry. luggage. sports equipmelll, hobby collections and hooks. but nO! Including furniture or any property. personal or otherwise specifically disposed of pursuant to this agreement. shall become the absolute and sole property of that party who has had the principal use thereof or to whom the property was given or for whom it was purchased. and each party hereby surrenders any Interest he or she may have In any such tangible personal property of the other. (c) Intangible Personal Property (other than Life Insurance): All stocks, bonds, cash. and sums on deposit in checking and saving accoullls (owned by either or both parties) have been or will be divided to the mutual satisfaction of the parties. Each party waives any right they may have In their spouse's pension or retirement benefit plan Incident to their employment. (d) Furniture and lither Tllngible Property: All furniture and mher tangible personal property not disposed of pursualll 10 other para1!raphs of this agreement shall be the property of the Wife. (II) Debts: The Husband shall be responsible for all existing Joint debts and liabilities Incurred by the parties prior to their separallon except as otherwise provided herein. The Busb.md shall also be responsible for all existing debts and liabilities incurred In his own name prior to the sepuratlon. The Wife shall be responsible for all existing debts and liabilities Incurred In her own name prior to lhe sepanuion. (I) The parties further a1!ree that neither will incur any fUlure debts for which the other ma) be held liable, and if either party Incurs a deb I for which the olher will be liable, that party incurring such debt will hold lhe other harmless from any and all liability thereon. II. AfTER ACOUIRED PERSONAL I)ROl)ERTY: Each of the parties shall hereafter own and enjoy, independently of any c1lllms or right of the other, all items of personal property, tangible or intangible, hereafter acquired by him or her, with full power in him or her to dispose of the same as fully and effectively, in all respect and for all purposes, as lhough he or she were unmarried. 12. CllS.IQJlY.: The parlies shall shure legal and physical custody of the child. Physical custody shall be transferred on a weekly basis. 13. COUNSEL FEES: Each party shall pay his or her counsel fees and expenses. 14. DIVORCE: The parties hereto agree to ellter Illlo a mutual consent divorce. WIFE agrees to pursue the divorce and to he the Plaintiff therein. IIUSBAND agrees to sign the necessary documents, Including an Affidavit of Consent and further Instrumems that may be reasonably required !() give full force and effect to the provisions of lhls Agreement. IS. WAIVER OF CLI\1M.S: Except as herein otherwise provided, each party may dispose of his or her property in any way, nnd each party hereby waives und relinquishes nny and all rights he or she shall now have or hereafter acquire, under the preselll or t'ulun', laws of any Jurisdiction, to shnre In the property or the estate of the other as a result ot' the maritnl relationship, Including without limitation, dower, courtesy, slnlulory allowance, widow's allowance, right to take In 11Ilestacy, right I , I to take Bgainstlhe Will of the other, and rlghll1l Bct as administrator or executor uf the other's estate, and each will, atlhe request of the olher, execute, acknowledge and deliver any and all instrumenlll which may be necessary or advisable to carry into effect lhls mutual waiver and relinquishment of all such interests, rights and claims. 16. BREAeH: If either party breaches any provision of this Agreement, the other party shall have the right, al his or her election. to sue fur damB1!es for such breach or seek such other remedies or relief as Illay be available to him or her, and the party breaching this cOlllract shall be responsible for paymelll of legal fees and costs Incurred by the other in enforcing their rlghlS under this Agrleemelll. 17. Y.Ql.O. eLAUSES: If any tenn, 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 cOlltinue In full force, effecl and operation. 18. DESCRIPTIY.E.J.I.EAOJ..NQ..S.: The descriptive headings lIsed herein are for convenience only. They shall have no effect whatsoever in determining the rights or obligations of the parties. 19. INDEPENDENT SEPARATE eOVENANTS: It is specifically understood and a1!reed by and between the parties hereto that each paragraph hereof shall be deemed to be a separate and Independelll covenant and agreemelll. 20. ADDITIONAL INSTRUMENTS: Each of the parties shall from time to time, at the request of the other, execute, acknowledge and deliver to the other party any and all further instruments that may be reasonable required tu give full force and effect to the provisions of this Agreement. 21. APPLICABLE LAW: This Agleement shall be construed under the laws of the Commonwealth of Pennsylvania and more specifically under the Divorce Code llf 1980. 22. AGREEMENT BINDING ON HEiRS: This Agreemenl shall be binding and shall Inure to the benet1t of the parties hereto and their respective heirs, executors, administrators, successors and assigns. 23. ENTIRE AGREEMmfI: This Allreement contains the enllre understandina of the parties and there are no representations, warranties, covenallls or undertakings other lhan those expressly set forth herein. 24. ~ODIFleATION AND WAIVER: A modification or waiver of any of the provisions of this Aareemelll shall be effective only If made In wrltlnll and executed with the same formality 8.. this Agreement. The failure of either party 10 Insist upon slricl performance of any of the provisions of this Aareement shall not be construed as a waiver of any subsequent default of the same or similar nature. 2S. WAIVER OF RlmlIS: The parties hereto have been informed of their riahlS or have been advised to seek counsel to Inform them of their rights under and pursuant to the Divorce Code, Act of April 2, 1980, Number 1980-26, particularly the provisions for lilimony, alimony pendente lite, equitable distribution of marital property, counsel fees or expenses. Both parties agree that this Aareemem shall conclusively provide for the distribution of property under the said law and hereby waive, release and relinquish any further r1a1lls they may respectively have agoill5t the other for alimony, alimony pendente lite, equitable distribution of marital property, counsel fees or eKpenses. From the dale hereof, each parly may acquire either personal or real property In their own name. Any property so acquired shall be owned solely by the individual and shall not be subject to any claim whatsoever by the other party. 26. EXECUTION OF DOCUMENTS: Both parties hereby agree to execute any documents required to implement this Agreemellt. 27. FINANelAL D1SeLOSURE: The parties confirm that they have relied on the substalltial accuracy of the financial disclosure of the other a.. an Inducement to the execution of this Agreement. ;r, .. ~:r :; .n :.r r'" ", .., .."-) " " ... ,- .11; 1 ~ II', 'I' ",.' ,I , , I., " " " , ' " ! 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