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DONNA M. OBITKO,
Plllntlff
IN THE COURT 0' COMMON PLEAS 0'
CUMBERLAND COUNTY, PENN8YLVANIA
CIVIL ACTION. DIVORCE
NO. CIVIL,1884
IN DIVORCE
MA,.ITAL SETTLEMENT AOREEPd.EHI
VI.
THOMA8 E. OBITKO,
De',ndlnt
THIS AGREEMENT made this 29th
day of
April
by and between DONNA M. OSITKO, of 220 HIli Street, MI. Holly Springs, Cumberland County,
Pennsylvania 17065, hereinafter referred to as WIFE, and THOMAS E. OSITKO, of 3525 We.t
Brownsvllle, Washington County, Pennsylvania, hereinafter referred to as HUSBAND,
WITNE8~ETH:
WHEREAS, the parties hereto are husband and wife, having been Joined In marriage on July
8, 1989 In Carlisle, Cumberland County, Pennsylvania, and
WHEREA8, a Complaint for Divorce has been flied in the Court of Common Plea. of
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Cumberland County, Pennsylvania, to the No, ..:E17 . Civil, 1994; and
WHEREAS, thll parties hereto 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 mailers between them relating to the ownership of real and personal property, and In general,
. I the settling of any and all claims and possible claims agalnsttha other or against their respective
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estates,
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NOW, THEREFORE, In consideration of these considerations, and the mutual promises and
undertakings hereinafter set forth, and for other good and valuable consideration, receipt and
0,1994
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lulflcl.noy of which II hlreby acknowledged by each of the partl.. hereto, HUSBAND and Willi,
each Intending to be legally bound, hereby covenent and egree es follows:
1. Advloe of Counl.': The parties hereto acknowledge that each ha. been notified of
his or her right to consult with counsel of his or her choice, end heve been provided a copy of thle
agreement with which to consult with counsel, WillE Is represented by Carol J. Unds..y, Esquire,
and HUSBAND, has belln advised that he may be represented by counsel of his cholc.. Each
party acknowledges and accepts that this agreemant Is, In the circumstances, fair end equitable,
and that It Is being entered Into freely and voluntarily, after having received such advice and with
such knOWledge ss each has sought from counsel, end that execution of this agreement Is not the
result of any duress or undue Influence, and that It Is not the result of r.ny Improper or Illegal
agreemsnt or agreements.
2, Dlvorc.: The pertles agree to the entry of a Decree In Divorce, The pertles will
execute, within ten (10) days of the passing of 90 days from the dBte of the filing of the Complaint
In Divorce, AffldBVlts of Consent pursuant to 23 PA C.SA S 3301 (c) consenting to the entry of a
Decree In Divorce,
3. Perlona' Property: Except for that property set out on Exhibit "A" attached hereto
Bnd Incorporated herein, which property shall be the sole end seperate property of the HUSBAND,
the pertles acknowledge thst they have equitably and satisfactorily divided all of their perlonel
property, and that ell personal property shall be the sole and IndlvldulAl property of the party In
whose possession It Is as of the date of this agreement. HUSBAND shall retrieve ssld property
from the marital home within fourteen (14) days of any notice provided to him by WIFE. WIFE will
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retain the 1985 Pontlao 6000 and HUeBAND will execute any and all document. to tran.ler all hi.
right, tllle end Interest In laid vehicle to WIPE, HUeBAND will retain the 1989 GMC vehicle.
HUSBAND shall pay the outstanding Indebtedness on the vehicle, and Indemnify and hold wife
harmlesl against any lOll on account of said loan, When laid loan III paid In lull, WifE will execute
any and all documentll necessary to the transfer 01 said vehicle to HUSBAND alone, HU8BAND
will retain the parties' jetskl and pay the outstanding Indebtedness for the purchase 01 laid property.
Presently, the payments lor the jetskl are directly deducted Irom WIFE'S account. HUSBAND will
arrange lor the cancellation of the direct withdrawal from WIFE'S account and assume full
responsibility for the payment of thejetskl, In the ovent thet the lender will not permit a termination
of the direct withdrawal from WIFE'S account, HUSBAND will reimburse WIFE In the amount of said
withdrawal on or before the 15th day of each month commanclng March 15, 1994.
4, R..I Property: The parties are owners of a home at 220 Hili Street, Mt. Holly Springs,
Cumberland county, Pennsylvania, Within one year of the Decree in Divorce, WIFE will apply for
an FHA mortgage In her name alone, II she Is able to obtain the mortgage, HUSBAND will give her
a good end sufficient deed translerrlng to her all his right, title and Interest In the home, In the event
that WIFE Is able to obtain an FHA Mortgage, she will pay to HUSBAND Two Thousand ($2,000.00)
Dollars three (3) years aller the date of this agreement. If she falls tCl qualify for the loan, the house
will be sold at 8 price to be determined by the parties 8fter consultation with their real estate broker.
In the event that the parties cannot agree on a price, the house will be sold at the fair market price
of Ihe property as determined by an appraisal performed by Steve Barrett of Carlisle, Pennsylvania,
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the OOlt 01 1.ld appr.le.1 to be equally Ipllt between the parties. When the houae Ie lold, the
partl.. will Ihare equally any los. or any prollt,
5, Alimony: HUSBAND will pay to WIFE Five Hundred ($&10,00) Oollare Irom hll
Income tax relund within three (3) days of receiving said relund Irom the Internal Revenue Service.
The parties waive any other claim that they may have one against the other lor alimony or spoulal
support, The parties acknowledge that each has sulllclent Bssets with which to maintain themselves
after divorce,
6, M.rlt.1 Debt: WIFE will pay the partlas' joint Visa Aocount. HUSBAND will repay hll
grandfather on account 01 a loan made to them by his grandlather. HUSBAND will Indemnity and
hold WIFE harmless on account of any claim by his grandlather against her. WIPE will pay the
parties' Indebtedness to Defense Activities Federal Credit Union and Indemnity and hold HUSBAND
harmless on account of said debt. The parties have, In their own names, certain credit card
accounts which may Include some marital debt. Each party will be responsible lor the debt on the
credit card accounts In his or her name, Each party will Incur no debt lor which the other may be
liable, and will Indemnity and hold the other harmless lor any debt so Incurred, HUSBAND will pay
to WIFE the cost 01 filing the Complaint In Divorce which Is One Hundred Eighty and 50/100
($160,50) Dollars within ten (10) days 01 the date of this agreement. WIFE will pt\y her own
attorney's fees for the preparation of the Complaint and the Marital Settlement Agreoment.
7. Penllonl: The parties hereto make no claim against any retirement or pension
benefits of the other and any such benefits will be entirely the property of the person III whose name
they are titled as of the datil of this agreement.
4
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8, Intlnglbl. P.,.on.1 Prop.rty: Each party will retain any band., .took., .,vlng.
accounts or checking accounts or any other depository of I..ete which I'll or .he ha. u of th,
dete of thl8 agreement. EaCh waives any Intlre8t he or Ihe might have In said account, of the
other.
9, Modlflcltlon: No modification, recision, or amendment of this agreement 'hall be
effective unl... In writing signed by each of the parties hereto.
10. Appllcabl' Law: All acts contemplated by this agreement shall be con.truld and
enforced under the laws of the Commonwealth of Pennsylvania,
11, Aureement Blndln" on Pirtle. and Hal,.: This agreement, except e. otherwl.e
expressly provided herein, shall bind the parties hereto, and their respective heirs, executors,
administrators, legal representatives, assigns and successors In any Interellt of the parties,
12, Auraement Not to be Merged: This agreement shall be Incorporated Into the flnel
decree of divorce of the parties hereto for purposes of enforcement only, but otherwise shall not
be merged Into said decree. The parties shall have the right to enforce this agreement under the
Divorce Code of 1980, as amended, and In addition, shall retain any remedies In law or In equity
under this agreement as an Independent contract. Such remedies In law or equity are specifically
not waived or released,
13. Document.: The parties hereto agree that they will execute :J.l'1d deliver one to the
other any documents necessary to give effect to the terms of this Agreement.
14, Full Ind Flnll Seltlement: WIFE and HUSBAND each do hereby mutually remise,
ralease, quitclaim and forever discharge the other and the estata of such other, for all time to come,
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and lor all purposes whatsoever, 01 and from any and all rights, titles, Intereata or clalma In or
agalnlt the property (Including Income and gain from property hereafter accruing, of the other) or
against the eatate of such other, of whatever nature and whereaoever situate, which she or he now
has or at any time hereafter may have against such otMur, the IItate of such other or lilY part
thereof, whether arhslng out of any former aots, contrects, engagements or liabilities of such other,
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or by way 01 dower or curtesy, or claims In the nature of dower or curtesy of widows' or widower,'
rights, family exemption or similar allowance, or under the Intestate laws, or the right to take s08ln't
the spouse'a will; or the right to treat B lifetime conveyance by the other as testamentary, or all other
rights of a surviving spouse to participate In a decoased spouse's estate, whether arising undsr the
laws of Pennsylvania, any other State, or any other Country, or any rights which either epouse may
have, or at any time herelSfter have, lor past, present or lutur~ support or maintenance, alimony,
alimony pendente lite, counsel fees, costs or expenses, whether arising 8S a result of the marital
reletlon or othorwlse, except and only except, all rights and agreements and obligations of
whatsoever nature arising or which may arise under this Agreement or before the breach 01 any
thereol. It Is the Intention 01 HUSBAND and WIFE to give to each other by the execution 01 this
Agreement a full, complete and general releese with respect to any and all property 01 any kind or
nature, real, personal or mixed, which the other now owns or may hereafter acquire, except and
only except, all rights and agreemants and obligations 01 whatsoever nature arising or which may
arise under this Agreement, or lor the breach of any thereof, ,ubJect, however, to the
Implementation and satisfaction 01 the condition precedent as set forth herein above,
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., '01,11 "JI\iII'''''''O''I8.,~IY
THOMAI E. OBITKO,
D.f.ndlnt
I" THI COURT OF COMMON PLEAI OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION. DIVORCE
NO. :i"17 CIVIL, 1884
IN DIVORCE
NQTICE
YOU HAVE BEEN IUED IN COURT. If you wish to defllnd against the claims set forth In
the following pages, you must take prompt action, You are warnec' that If you fall to do so, the cese
may proceed without you and a decree of divorce or annulment may be entered agelnst you by the
Court, A Judgment may elso be entered egaln!!t you for any other claim or relief requested In theee
papers by the Plaintiff. You may lose money or property or other rights Important to you, Including
custody or visitation of your children.
e
DONNA M. OIITKO,
Plllntlff
v..
When the ground for the divorce Is Indignities or Irretrievable breakdown of the marriage, you
may r.quest marriage counseling, A list of marriage counselors Is available In the Offlc. of the
Prothonotery etth. Cumberland County Court House, Carlisle, Pennsylvania, 17013.
IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY, LAWYERS
FEES OR EXPENSES BEFORE A DECREE OF DIVORCE OR ANNULMENT IS ORANTED, YOU
MAY LOSE THE RIOHT 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, 00 TO OR TELEPHONE THE OFFICE lET FORTH
BELOW TO FIND OUT WHERE YOU CAN OET LEOAL HELP.
Court Administrator, Fourth Floor
Cumberland County Court House
Carlisle, Pennsylvania 17013
(717) 240-6200
FLOWER, MOROENTHAL, FLOWER & L1NDIAY
Attorn'YI, fO~ the Plllntlff,,
/1. '
Bve (), - ......
Caro~J, I ds y, Esquire
10 * 0It 3
11 E. High St., Carlisle, PA 17013
(717) 243.5513
.;\.,1I"#\~1'....~1$o 'I,
DONNA M. OIITKO,
PI.lntl"
VI.
IN THI COURT 01' COMMON PLIAI 01'
CUMBERLAND COUNTY, PENN8YLVANIA
CIVIL ACTION. DIVORCE
NO. CIVIL, 1884
IN DIVORCE
THOMAI I. OIITKO,
D.f.nd.nt
COM"~lttI
DONNA M. OBITKO, Plaintiff, by her attorneys, FLOWER, MORGENTHAL, FLOWER &
LINDSAY, relpectfully reprelents:
1. The Plaintiff II DONNA M, OBITKO, who currently relldel at 220 HIli Street, Mt. Holly
Springs, Cumberland County, Pennsylvania, since May of 1992,
2, The Defendant II THOMAS E, OBITKO, who currently relldes at 3525 West Brownsvllle,
Washington County, Pennsylvania, Ilncs October 10, 1993,
3, The Plaintiff and Defendant both have been bona fide resldentl In the Commonwealth of
Pennlylvanla for at lealt six months Immediately prior to the filing of thll Complaint.
4, The Plaintiff and Defendant were married on July 8, 19B9, at Carlisle, Pennlylvanla,
5, That there have been no prior actions of divorce or for annulment between the parties In
thll or In any other jurisdiction,
e. The Plaintiff avers that she Is entitled to a divorce on the ground that the marriage Is
Irretrievably broken and Plaintiff Is proceeding under Sections 3301 (c) and/or (d) of the Divorce
Code.
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I, the underelgn.d, do h.reby verify that the atat.ments made In the foregolnQ Instrument 11"
true and correct to the beat of my knowledge, Information and belief. I underatBnd that atatementl
herein are made subject to the penalties of 18 Pa.C.S. Section 4904, relating to unsworn falllfloatlon
to authorltl...
L'1/lIlc- ")y/ .
O,b;-t ~,
Donna M, Obltko
, .
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DATE: February 22. 1994.
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