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HomeMy WebLinkAbout94-02549 ~ . . \ ) / ~ ~J '- .... .> \j . . t ,..,*' ':c' '*'...::~~':C-:~~~....:~~~~_'~"::"~.'::_::+::2:~,:~~':'~~:~":':- ':.:- ,*' 'llC-'~~ ~ 8 8 8 8 8 8 8 8 8 8 8 8 8 8 8 8 8 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY STATE OF '* PENNA, JACK N, R9.WE, N ( ), ~.1.7:.?H~,.... ~l~.H". II) Plaintiff Vl~I'..HIS f;lALLY F... ROl'lE, De fendan t DECREE IN DIVORCE ~ AND NOW, ,.",. ,..,. 4;.a.'!:/,.,. .~.-~.. .. 19. r..s.~,. it Is ordered and decreed that,..,.... ..J.l\G~. N... ~9.W~.........,.....,........" plaintiff, and, , , . . " , . . . . . , . , , , . SALI,y . F... ,ROWE. , , , . . , , , . , . . , . ., , . . . , .. 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 0 final order has not yet been entered; T/1.~ ,t~)."!T!Ej, p,f. . \ 1,1 \l. ,~q[lp.r,<'l ~ ~p.n. .i,lJ;lP. .1~J,"PP.~J,"~Y. .~q H.I,~l1)~!1,t. ,~g).",e,ql1)l!!!1.t. ,dated I ~ March 30, 1995 arc incorporated, but not merged into the Divorce .~ "..", ,., ",.. '" .... ..., ..........,.... ,. .,..,.,......,...' '..,..., ,.... I. Decree, The Court specifically reserves jurisdiction regarding the entry of a Qualified Domestic Relations Order for the equal divis' Plaintiff's DuPant ll.c.nsioJ] as set forth in the ^greement,;~ JJy The CouI'I: // I. / ,/!~ .(~ Alleal, ,~i~(. ICel',(' /IJ'ti1,~/;..z;t..".-r:.,7 J. ,~ t/ ~ )' I ,.#. " ~.' /Jy '/.7d'J,.;- '!'/'h" vI 7)C. "(: AJ/.! To Pl'lIll111lllllnry !.,. ,. /-";r I'~ ;/ .. ~ . 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P,l ~ 8 8 M ,~ 8 . 8 8 ~ 8 8 ,;i P,l .;, ~ ~ ~. ~ " w ',' ~ ~, ~ Ln en - ;"*'h, .r:, E <r.> I;:) - " )11 ,~ - ....., ..., " :::r:: :\~,' >< f-< Il: rLlE-< ll.Z g~ ll.W W QIl: Zt!> << Zf-< OZ HW f-<:I: <W Il:..:l <f-< ll.f-< WW UlUl ~ ! t;g! ! ~ ! i ] ~ i ~ . , ., ... . ~ WHBREAS, during the parties' marriage there has been a complete disclosure of the earnings and property of each party, and each understands his/her rights under the Divorce Code of the Commonwealth of Pennsylvania; and WHEREAS, the parties, after being properly advised by their respective counsel, HUSBAND, by his attorney, Jill M, Wineka, Esquire, and WIFE, by her attorney, R, Mark Thomas, Esquire, hereto have come to the agreement, which follows: NOW, THEREPORE, in consideration of the above recitals and the following covenants and promises mutually made and mutually to be kept, the parties, intending to be legally bound agree as follows: 1. AGREEMENT NOT A BAR TO DIVORCE PROCEEDINGS A Complaint in Divorce has been filed to No, 94-2549 in the Court of Common Pleas of Cumberland County, Pennsylvania, The parties intend to secure a mutual consent, no-fault divorce pursuant to the terms of Section 3301(c) of the Divorce Code of 1980, Upon signing this Agreement, both parties shall also sign an Affidavit evidencing their consent to the divorce, pursuant to Section 3301(c) of the Divorce Code of 1980, The parties agree that unless otherwise specifically provided herein, this Agreement shall continue in full force and effect after such time as the final decree in divorce may be entered with respect to the parties, and the parties agree that this Agreement shall be incorporated into the fina:i. Decree in Divorce, No Court may change the terms of 2 .., 4 this Agreement, which shall be enforced in accordance with its terms, 2, PERSONAL RIGHTS HUSBAND and WIFE may and shall, at all times hereafter, live separate and apart, Each shall be free from all control, re- straint, interference or authority, direct or indirect, by the other in all respects as fully as if he or she were unmarried, Each may reside at such place or places as he or she may select, Each may, for his or her separate use or benefit, conduct, carryon and engage in any business, occupation, profession or employment which to him or her may seem advisable, This provision shall not be taken, however, to be an admission on the part of either HUSBAND or WIFE of the lawfulness of the causes which led to or resulted in, the continuation of their living apart, 3. WIFE'S DEBTS WIFE represents and warrants to HUSBAND that, except for the joint debts set forth in this Agreement, she has not and in the future she will not contract or incur any debt or liability for which HUSBAND or his estate might be responsible and shall indemnify and save HUSBAND harmless from any and all claims or demands made against him by reason of debts or obligations incurred by her, 4, HUSBAND'S DEBTS HUSBAND represents and warrants to WIFE that, except for the j oint debts set forth in this Agreement, he has not and in the 3 .. .. future he will not contract or incur any debt or liability for which WIFE or her estate might be responsible and shall indemnify and save WIFE harmless from any and all claims or demands made against her by reason of debts or obligations incurred by him. 5. JOINT DEBTS HUSBAND and WIFE represent and warrant to each other that except as provided herein, there are no other joint marital debts, charges or liabilities, The parties agree that HUSBAND has paid in full the following joint debts of the parties: a) Phone bill $ 348,74 b) Associates' National Bank Credit Card 1,284.38 c) Sears 582.99 d) Personal property appraisal 200.00 e) Real estate appraisal 250,00 f) Brad's 1994 car insurance 1,200,00 g) 1993 Income taxes 13,205.00 The only remaining joint debt is the outstanding Mortgage owed on the parties' marital residence, Payment of the Mortgage is addressed in Paragraph 9, "Marital Residence", 6, PERSONAL PROPERTY HUSBAND and WIFE hereby acknowledge that they have previously divided their tangible personal property, including jewelry, clothing, furniture, household equipment, appliances, motor vehicles, recreational vehicles and tools, A complete list of the parties' jointly owned personal property is attached hereto, Hereafter, HUSBAND and WIFE agree that all of the personal property in the possesvion of either HUSBAND and WIFE shall be the sole and 4 ~. . separate property of the party in possession. WIFE agrees to cooperate in the transfer of all titles and insurance regarding all of the motor vehicles or recreational vehicles in the possession of HUSBAND. 7, INTANGIBLE PROPERTY WIFE shall remain in possession and control of her VIP Account (savings plan) through her employment. HUSBAND shall remain in possession and control of his IRA Account with Reliance Savings and his thirty-six (36) shares of DuPont stock received from his previous employer, WIFE shall remain in possession and control of her savings and checking accounts with Mellon Bank, HUSBAND shall remain in possession and control of the parties' joint savings and checking accounts with Harris Savings, with the exception of the Account earmarked for Brad's post-high school education, The distribution of this Account is addressed in Paragraph 11, "Brad's Education Account." The parties further agree to enter into a Qualified Domestic Relations Order regarding the future distribution of HUSBAND's pension through E,I, DuPont De Nemours and Company, The parties agree that from the information provided by DuPont, HUSBAND shall receive a monthly pension of $302,00, commencing the year of 2015, The parties agree that WIFE shall receive one-half of HUSBAND's monthly pension in the amount of $151,00 upon the commencement of payment by DuPont, The parties agree that, if the QDRO is not 5 4 . approved by DuPont and signed by the Court prior to the entry of a Divorce Decree, special reservation shall be noted on the Divorce Decree regarding the parties' intentions to enter into the QDRO and the agreed upon equal division of HUSBAND's DuPont pension. 8, AFTER-ACOUIRED PERSONAL PROPERTY Each of the parties shall hereafter own and enjoy, indepen- dently of any claims or rights 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 respects and for all purposes, as though he or she were unmarried, 9, MARITAL RESIDENCE HUSBAND and WIFE agree that the marital residence located at 365 Midway Road, York Haven, Pennsylvania 17370-9017, shall be conveyed to HUSBAND alone by HUSBAND and WIFE, WIFE shall execute the Deed concurrently at the time the refinancing is completed and upon her receipt of the $90,000,00 cash distribution identified in Paragraph 10, HUSBAND and WIFE acknowledge that they have no outstanding debts and obligations incurred on the marital residence prior to the signing of this Agreement, except as follows: a) Harris Savings Bank $4,783,61 (Approx,) b) Any currently unpaid real estate taxes for the marital residence, Within forty-five days from the date this Agreement is signed, HUSBAND shall payoff the outstanding Mortgage and refinance the marital residence, removing WIFE's name from the debt obligation. 6 .. . 10. ~SH DISTRIBUTION HUSBAND shall pay to WIFE the sum of Ninety Thousand ($90,000.00) Dollars, Payment shall be made at the same time WIFE's name is removed from the debt obligation and at the same time she signs the Deed transferring the marital residence to HUSBAND alone, Payment is made in consideration of the equitable distribution of the parties' marital assets, 11, BRAD'S EDUCATION ACCOUNT HUSBAND and WIFE agree to transfer the current balance in the Harris Savings Account earmarked for their son's post-high school education to Mellon Bank, The parties agree to cooperate with the establishment of a Trust Account with Mellon Bank under Brad's Social Security Number, Brad's tuition, room and board, and other school related expenses would be deposited by Mellon Bank directly into Brad's checking account, Brad will then use the funds to pay for his tuition, room and board, and other school related expenses, Once Brad has completed his post-high school education, any monies remaining in the Trust Account would be distributed directly to Brad, Should Brad discontinue his education and not return to school for a period of ~ne year, the Trust Account would be terminated and the remaining proceeds divided equally between HUSBAND and WIFE, 12, ALIMONY Both parties acknowledge and agree that the provisions of this Agreement providing for equitable distribution of marital property 7 .. 14. RELEASE Subject to the provisions of this Agreement, each party has released and discharged, and by this Agreement does for himself or herself, and his or her heirs, legal representatives, executors, administrators and assigns, release, indemnify (including actual legal feeB) and discharge the other of and from all causes of action, claims, rights, or demands, whatsoever in law or equity, including equitable distribution, spousal support, alimony, counsel fees, alimony pendente lite and expenses which of the parties against the other ever had, now has, or may have in the future under the Pennsylvania Divorce Code, as amended, or under any other statutory or common law, except as set forth below in this paragraph, all causes of action for divorce, and all causes of action for breach of any provisions of this Agreement, including proceedings to enforce this Agreement pursuant to the provisions of the Divorce Code, Each party also waives his or her right to request marital counseling, pursuant to the Divorce Code, 15, WAIVERS OF CLAIMS AGAINST ESTATES Except as herein otherwise provided, each party may dispose of his or her own property in any way, and each party hereby waives and relinquishes any and all rights he or she may now have or hereafter acquire under the present or future laws of any jurisdic- tion, to share in the property or estate of the other as a result of the marital rolationship, including without limitation, dower, curtesy, statutory allowance, widow's allowance, right to take 9 ~ against the Will of the other, and right to act as administrator or executor of the other's estate, and any right existing now or in the future under the Pennsylvania Divorce Code, as amended from time to time, and each will, at the request of the other, execute, acknowledge and deliver any and all instruments which may be necessary or advisable to carry into effect this mutual waiver and relinquishment of all such interests, rights and claims. 16, RIGHTS ON EXECUTION Immediately upon the execution of this Agreement, the rights of each party against the other, despite their continuing marital status, shall terminate and be as if they were never married. 17, LEGAL FEES If either party to this Agreement resorts to a lawsuit or other legal action to enforce the provisions of this Agreement, the successful party shall be entitled to recover his or her reasonable counsel fees, actually incurred, from the other as a part of the judgment entered in such legal action, whether in law, in equity or pursuant to the provisions of the Divorce Code, as the same shall be determined by the Court, 18, INCORPORATION IN FINAL DIVORCE The terms of this Agreement shall be incorporated but shall not merge in a final divorce decree between the parties, This Agreement shall survive in its entirety, resolving the spousal support, alimony, equitable distribution and other interests and rights of the parties under and pursuant to the Divorce Code of the 10 . Commonwealth of Pennsylvania, and no court asked to enforce or interpret this Agreement shall in any way change the terms of this Agreement, This Agreement may be enforced independently of any child support order, divorce decree or judgment and its terms shall take precedence over same, remaining the primary obligation of each party, Except as herein otherwise agreed, this Agreement shall remain in full force and effect regardless of any change in the marital status of the parties, It is warranted, covenanted and represented by HUSBAND and WIFE, each to the other, that this Agreement is lawful and enforceable, and this warranty, covenant and representation is made for the specific purpose of inducing the parties to execute the Agreement, 19, 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 reasonably required to give full force and effect to the provisions of this Agreement, 20, ENTIRE AGREEMENT This Agreement contains the entire understanding of the parties and there are no representations, warranties, covenants or undertakings other than those expressly set forth herein, HUSBAND and WIFE acknowledge and agree that the provisions of this Agreement with respect to the distribution and division of marital and separate property are fair, equitable and satisfactory to them, based on the length of their marriage and other relevant factors 11 . which have been taken into consideration by the parties, Both parties hereby accept the provisions of this Agreement with respect to the division of property in lieu of and in full and final settlement and satisfaction of all claims and demands that they may now have or hereafter have against the other for equitable distribution of their property by any court of competent jurisdic- tion, HUSBAND and WIFE each voluntarily and intelligently waive and relinquish any right to seek a court ordered determination and distribution of marital property, but nothing herein contained shall constitute a waiver by either party of any rights to seek the relief of any court for the purpose of enforcing the provisions of this Agreement, 21, MODIFICATION AND WAIVER A modification or waiver of any of the provisions of this Agreement shall be effective only if made in writing and executed with the same formality as this Agreement, The failure of either party to insist upon strict performance of the provisions of this Agreement shall not be construed as a waiver of any subsequent default of the same or similar nature, 22, VOLUNTARY EXECUTION Each party acknowledges that the Agreement is fair and equitable, that it is being entered into voluntarily I with full knowledge of the assets of both parties, and that it is not the result of any duress or undue influence, The parties acknowledge that they have been furnished with all information relating to the 12 ~ . :c <>- "" '::> ,. ",'" " ,. .d, ,. C"'""l "" -, ::c:: " oot<l; t<l;H IJlZ I-lt<l; !l.> ~ 8 I-l E-< Z >< ~ .... .., H 000 .... c :;: I!~~ 'M III en '" '0 Z 01Jl C C 1<1: ~ ~ H U!l.1-l 'M (l) 0:: H III .... E-< ~ . > M (l) 0 o -H !l. -0 00:: ~~! i ou . ~ E-<O E-<U ~ U 0:: 0> WW ::JO"'l'W 0:: p..o:: 1 ~ i oz Il1U 0:: H Ut<l;NO:: , U I-l I 0 - - ~ JJl WO::"'l'> Z > 1<1: ~ ~WO>H >< 0:: III 0 :.:: ...l p.. ZBOZ U ...l 1<1: 1<1: H ZH " en ~. . - .~ . ~ ~ ... ~ c:ro .~ ~, - ,. ,. .', ;7:: , ., l-c-) f-l"") \') . ~ ~ Il.- Ll_ ~::.I . ,~ a IX:) \(1 ~ ~ --- ~ :;T ~ --- t-...J ......... ...... N ,'" ';Q ~ ~' \.() ...... >- ) ..; ...) ~ <1- ... 't><.. .. <> :1':: .~ ~ 't~ ~ c - ""- ~ ") - ~ --1... t~ .... ~ , \ .') L.o:J ~ Vlo<l: o<l:H l&lZ ~ i ...:lo<l: p.> l&l ...:l U Z>< 0: OVl "" .. 0 ~~ "" l': > 'M III H f ! ! Ol&l ~ .. '0 0 up. c: c: ...:l 'M Q) Z I'< - III "" H l~! I 0 , I .-l - Q) 0 -Il< l&l0 ~ ~U Z ~ ~ Z 0: 0 H ::>0 Hl&l 0: o<l: l~ OZ ~U 0: ...:l Uo<l: UO: . P. ...:l o<l:O , . r... ~ l&l0: > Z > 0 :I:l&l ...:lH >< U ~ ~ID HO :.: ...:l S ,> U ...:l Z OHZ o<l: o<l: HUZUH ...., Vl , , . ~ JACK N. ROWE, I IN THE COURT OF COMMON PLEAS Plaintiff I CUMBERLAND CO., PENNSYLVANIA I v, I NO, I SALLY F. ROWE, I IN DIVORCE Defendant I CIVIL ACTION - LAW COMPLAINT IN DIVORCB AND NOW, comes Plaintiff, Jack N. Rowe, by his attorneys, Purcell, Krug & Haller, and avers as follows: COUNT I DIVORCB PURSUANT TO SECTION 3301(0) OR 3301(dl OF THB DIVORCB CODB OF 1980 1, Plaintiff is Jack N. Rowe, an adult individual who currently resides at 365 Midway Road, York Haven, York County, Pennsylvania. 2, Defendant is Sally F, Rowe, an adult individual who currently resides at 5305 Oxford Drive, Apartment 132, Mechanicsburg, Cumberland County, Pennsylvania. 3. Plaintiff and Defendant have been bona fide residents of the Commonwealth of Pennsylvania for at least six (6) months immediately prior to the filing of this complaint, 4, Plaintiff and Defendant were married on April 8, 1972 in Altoona, Pennsylvania. 5, Neither party has previously commenced an action in divorce or annulment, . ~ 6. Neither of the parties in this action is presently a member of the Armed Forces, 7. The Plaintiff and Dofendant are both citizens of the United states, 8. The marriage is irretrievably broken. 9. Plaintiff has been advised of the availanility of counseling and that the Plaintiff may have the right to request that the Court require the parties to participate in counseling. Being so advised, Plaintiff does not request that the Court require the parties to participate in counseling prior to a divorce decree being handed down by the Court. WHEREFORE, Plaintiff requests the Court to enter a Decree in Divorce. COUNT II EOUITABLE DISTRIBUTION 10. Plaintiff repeats and realleges the averments contained in Paragraphs 1 through 9 as if more fully set out at length herein. 11, Plaintiff and Defendant possess various items of both real and personal property which are sUbject to equitable distribution by this Court, 2 incorporated herein by reference thereto. 13. Plaintiff has offered such indignities to Defendant (who is the innocent and injured spouse) as to render Defendant's condition intolerable and life burdensome. 14. This action is not collusive as defined by S3309 of the Div"rce Code. WHEREFORE, Defendant respectfully requests the Court enter a decree of divorce pursuant to ~3301(a) (6) of the Divorce Code. COUNT IV REQUEST FOR A NO-FAULT DIVORCE UNDER 13301(4) OF THE DIVORCE CODE 15. The prior paragraphs of this Answer and counterclaim are incorporated herein by reference thereto. 16. The marriage of the parties is irretrievably broken. 17, The parties have lived separate and apart and at the appropriate time, Defendant will submit an affidavit alleging that the parties have lived separate and apart for a least the time period specified in S3301(d) of the Divorce Code. WHEREFORE, Defendant respectfully requests the Court to enter a decree of divorce pursuant to S3301(d) of the Divorce Code, COUNT V REQUEST FOR SPOUSAL AND/OR ALIMONY PENDENTE LITE AND ALIMONY UNDER SECTIONS 3701(a) AND 3702 OF THB DIVORCB CODB lB. The prior paragraphs of this Answer and counterclaim are incorporated herein by reference thereto. 2 19. Defendant is unable to sustain herself during the course of litigation. 20. Defendant lacks sufficient property to provide for her reasonable needs and is unable to sustain herself through appropriate employment, 21. Defendant requests the Court to enter an award of spousal support and/or alimony pendente lite until final hearing and thereupon to enter an order of alimony in her favor pursuant to sections 3701(a) and 3702 of the Divorce Code. WHEREFORE, Defendant respectfully requests the C~urt to enter an award of spousal support and/or alimony pendente lite until final hearing and thereupon to enter an order of alimony in her favor pursuant to sections 3701(a) and 3702 of the Divorce Code. COUNT VI RBQUIST rOR COUNSIL rlIS, COSTS, AND IXPINSIS UNDIR SICTIONS 3104(a) (I), 3323(b) AND 3702 or THI DIVORCI CODI I I I i I I 1 I 22. The prior paragraphs of this Answer and Counterclaim are incorporated herein by reference thereto. 23. Defendant has employed R. Mark Thomas, Esquire, to represent her in this matrimonial cause. 24. Defendant is unable to pay her counsel fees, costs and expenses and Plaintiff is more then able to pay them, 25. Plaintiff is employed and has the ability to pay Defendant's counsel fees, costs and expenses. 3 4 .J '" ~ ", il ::t ... ~J "'1>\ g a 111 " f ~ -:r en ~ ""= ," ... ''':1'' ... j',.J lIJ.. ':~ i~n.! , ,.~ N L't ('J ",1 1-' ,"-J :..a'. --, -., ~ :lC G- CD <;;) 'to .".", ~tr ,. u* ..1 f ~ ,;" ~ ~ - .... -~. ,,: 1:" - M ... ~, :0:: , 4-' "H't" , ~ .," I':', 10-,,: (I -. - . ' . - j '_, . ,; J~:' ~ .-/ :"~~.;_;~'~2'. , . - . . ., - - ' .