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HomeMy WebLinkAbout94-02645 ~ . J "- \ \ ) ( j ~ c.... ~ - '- ~ l() :T ~ (1) " .'. , . . .**~*~~*~~_~**ro~*~~**)'_::~~::_.__~*~~ ~ ---......- - .", y , ~ ~ IN THE COURT OF COMMON PLEAS ~ '.' ~ ... ~ '.' ~ ',' ~ '.' ~ '.' i '.' ..~ * ~ ',' ~ '.' ,', ~ ~ '.' ~ ..' ~ ',' ~ I~ ,', ~ .'~ ~ ~ '.' ~ '.' .:, ~ ~ '.' ~ ',' ~ '.' ~ '.' ~ ~ (~ (~ }:ri ~ ..1.. I . A~.b: .''Y. .l~.. ~~,~~~.. .q'P.>.~.n:,. ,A.'h7,:,~~~'>, f\:':-'~."~~~~A ~+,,:I(?..,~ I(',.....~, ;~ ~ ~~IP!'\S ""-). .c:~,,~,~... ..{<;t. f'.e.~\~. ~~"""'\~~f.~\tM~~PY"'J~~~ ~~,~~,~~.t.';\ ~s.~~* ~ OC"'\,.... ~,'''''\~''''''l Q,-\kcl.....Q. ~.,..c..o,..,JH........\.,> II.JC"I'...~~~t....'\!.."'be.oc-ee..-.lo,,.~~ h t~~(~~ ~ ~S..c'\\i""~''''il~-I€....~..''''e ~ue..~e~.c.~"".....\~...~ \ ,SQ.,,,, o41t~e"".......\s\-\\:J.i"^..1<:!'" .:' wM.. ,\'J, J Il,"~ -\R..,<;, ""-ee...... .:.:~ o,.J,u- . ~ !! ~ ~ Dy The Court: ~/'} ,/J . . LV (:J~ .* Allest: 0 '.x:z'<'U':::' IJ }:f, /.:J!oR"4~~ J, ~ ,.. ~:i:J' ~ ~.. >,,2~""K "R" ~ t'" ~ / ,/ xJ~ Prothonotary ~ ,:", ~.l "I ~ OF CUMBERLAND COUNTY ~ STATE OF 1~ PENNA. s ~ '.' i '.' w ... ~ * ALFRED P. BENEDICT, Plaintiff. N () ,94.,..2645..Civil..Te.tlII.... 19 ~ '.' ~ V(,I"~lI~ ~ '.' SALLY. J. BENEDICT, * Defendant ~ .' ~ ~ ',' DECREE IN DIVORCE AND NOW,...,. .0.4:,,1o,.r:. .l1,...., 191~... it is ordered and * ~l '.' ~ ~". ,'. $ ~ decreed that.. , , , ,. Norn;:P. P..,I3SNEP):CT.. , , " ., . , , , .. . ,...,..,'. plaintiff, and. ,. .. . . " ,. . .. ., .sALLY .J. ,BENEDICT., , . , .. .. .. . ... .. . .. . '., defendant. ore 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; ~ :~ :.**.~***~*~.***~.*.~~~.~..~.~.~. '~ , .'. .. . , , AGREEMENT Between ALFRED P. BENEDICT and SALLY J. BENEDICT Randall L. Hartman, Esq. Counsel for Alfred P. Benedict Bradley L. Griffie, Esq. Counsel for Sally J. Benedict " Section I IntrodueUon AGREEMENT made this ~~ day of oAa\.~ , 1994, by and between ALFRED P. BENEDICT ("Husband") and SALLY J. BENEDICT ("Wife"). WITNESSETH: WHEREAS, the parties hereto are Husband and Wife, having been married on January 17, 1953, In Cumberland, Maryland. WHEREAS, diverse unhappy differences, disputes and difficulties have arisen between the parties and It is the intention of Wife and Husband to live separate and apart for the rest of their natural lives, and the parties hereto are desirous of seltIing fully and finally their respective financial and property rights and obligalioWl as between each other including, without limitation: the ownership and equitable distribution of marital property; the past, present and future support, alimony, alimony pendente lite and/or maintenance of Wife by Husband or of Husband by Wife; and in general, any and all claims and possible elaims by one against the other or against their respective estates. NOW, THEREFORE, in consideration of the premises and of the mutual promises, eovenants and undertakings hereinafter set forth and for other good and valuable consideration, receipt of which is hereby acknowledged by each of the parties hereto, Wife and Husband, each intending to be legally bound hereby, covenant and agree as follows: 1 . . . . .' Section 2 General Provisions 1. AGREEMENT NOT A BAR TO DIVORCE PROCEEDINGS This Agreement shall not be considered to affect or bar the right of Wife or Husband to a divorce on lawful grounds If such grounds now exist or shall hereafter exist or to sueh defense as may be available to either party. This Agreement is not intended to condone and shall not be deemed to be a condonation on the part of either party hereto of any act or acts on the part of the other party which have occasioned the disputes or unhappy differences which have occurred prior to or whieh may occur subsequent to the date hereof. The parties intend to secure a mutual consent, no-fault divorce pursuant to the provisions of Section 3301(c) of the Divorce Code of 1980, as amended. 2. EFFECT OF DIVORCE DECREE The parties agree that unless otherwise specifically provided herein, this Agreement shall continue In full force and effect after such time as a final decree in divorce may be entered with respect to the parties. 3. AGREEMENT TO BE INCORPORATED BUT NOT MERGED IN DIVORCE DECREE In the event that either of the parties shall recover a final judgment or decree of absolute divorce against the other in a court of competent jurisdiction, the provisions of this Agreement may be incorporated by reference or in substance but shall not be deemed merged into sueh judgment or decree. This agreement shall survive any such final judgment or deeree of absolute divorce, shall be entirely independent thereof, and the parties intend that all obligations contained herein shall retain their eontractual nature in any enforcement proceedings, whether enforcement is sought in an action on the contract itself or in any enforcement action filed to the divorce caption. 4. DATE OF EXECUTION The "date of execution" or "execution date" of this Agreement shall be defined as the date upon which it is executed by the parties if they have each executed the Agreement on the same date. Otherwise, the "date of execution" or "execution date" of this Agreement shall be defined as the date of execution by the party last executing this Agreement. 5. DISTRIBUTION DATE The transfer of property, funds and/or documents provided for herein shall take place on the "distribution date" which shall be defined as the date of execution of this Agreement unless otherwise specified herein. However, the support and/or alimony payments provided for in this Agreement shall take effect as set forth herein. 2 6. PERSONAL RIGHTS Wife and Husband may and shall, at all times hereafter, live separate and apart. They shall be free from any contact, restraint, interferenee or authority, direct or indirect, by the other in all respects as fully as if they were unmarried. Each may, for his or her separate use or benefit, conduct, carry on and engage in any business, oecupation, profession or employment which to him or her may seem advisable. Wife and Husband 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 whatsoever with him or her. 7. MUTUAL RELEASES Except as otherwise expressly provided by this Agreement: (a) Each party hereby absolutely and unconditionally releases and forever discharges the other and the estate of the other for all purposes from any and all rights and obligations whieh either may have or at any time hereafter have for past, present or future support or maintenanee, alimony pendente lite, alimony, equitable distribution, counsel fees, costs, expenses and any other right or obligation, economic or otherwise, whether arising out of the marital relationship or otherwise, including all rights and benefits under the Pennsylvania Divorce Code of 1980, its supplements and amendments, as well as under any other law of any other jurisdiction, except and only except all rights, agreements and obligations of whatsoever nature arising or which may arise under this Agreement or for the breach of any provision thereof. Neither party shall have any obligation to the other not expressly set forth herein. (b) Each party hereby absolutely and unconditionally releases and forever discharges the other and his or her heirs, exeeutors, administrators, assigns, property and estate from any and all rights, claims, demands or obligations arising out of or by virtue of the marital relationship of the parties or otherwise, whether now existing or hereafter arising. The above release shall be effective regardless of whether such claims arise out of any former or future acts, contracts, engagements or liabilities of the other or by way of dower, curtesy, widow's rights. family exemption or similar allowance, or under thll 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 of a surviving spouse to participate in a deceased spouse's estate, whether arising under the laws of Pennsylvania, any state, commonwealth or territory of the United States, or any other eountry. It is expressly understood, however, that neither the provisions of this release nor the subsequent entry of a divorce decree are intended to defeat the right of either party to receive any insurance proceeds at the death of the other of which she or he is the named beneficiary (wrether the beneficiary designation was made prior or subsequent to execution hereof), nor to dllfeat the right of either party to receive any legacy. bequest or residuary portion of the other's estate under his or her will, or to act as personal representative or executor if so named by the will of the other. whether such will was exeeuted prior or subsequent to this Agreement. (e) Except for any cause of action for divorce whieh either party may have or claim to have, and except for the obligations of the parties contained in this Agreement and such rights as are expressly reserved herein, each party gives to the other by the execution of this Agreement an absolute and unconditional release and discharge from all causes of action, claims, rights or demands whatsoever, in law or in equity, which either party ever had or now has against the other. 3 8. FINANCIAL DISCLOSURE The parties have disclosed to each other and they are each aware of the extent of each other's income, assets, liabilities, holdings and estate. 9. WAIVER OR MODIFICATION TO BE IN WRITING No modification or waiver of any of the terms hereof shall be valid unless In writing and signed by both panies and no waiver or any breach hereof or default hereunder shall be deemed a waiver of any subsequent default of the same or similar nature. 10. LAW OF PENNSYLVANIA APPLICABLE This Agreement shall be construed in accordance with the laws of the Commonwealth of Pennsylvania. 11. AGREEMENT BINDING ON HEIRS Except as may otherwise be provided, this Agreement shall be binding and shall inure to the benefit of the panies hereto and their respective heirs, executors, administrators, successors and assigns. 12. INTEGRATION This Agreement constitutes the entire understanding of the panies and supersedes any and all prior agreements and negotiations between them. There are no representations or warranties other than those expressly set forth herein. 13. OTHER DOCUMENTATION Wife and Husband covenant and agree that they will forthwith (and within at most ten (10) days after demand therefor) execute any and all written instruments, assignments, releases, satisfactions, deeds, notes or sueh other writings as may be necessary or desirable for the proper effectuation of this Agreement. 14. NO WAIVER OF DEFAULT 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 patty to insist upon strict performance of any of the provisions of this Agreement shall in no way affect the right of such pany hereafter to enforce the same, nor shall the waiver of any breaeh of any provision hereof be construed as a waiver of any subsequent default of the same or similar nature, nor shall the waiver of any breach of any provision hereof be construed as a waiver of strict performance of any other obligations herein. 4 IS. SEVERABILITY AND INDEPENDENT AND SEPARATE COVENANTS The panies agree that each separate obligation contained In this Agreement shall be deemed to be a separate and independent covenant and agreement. 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 anyone or more of the paragraphs herein, with the exception of the satisfaction of any conditions precedent, shall in no way avoid or alter the remaining obligations of the parties, 16. MANNER OF GIVING NOTICE Any notice required by this Agreement to be sent to Wife shall be sent by eertified mail, return receipt requested, to Alfred P. Benedict, 6650 Gulfwinds Drive, St. Petersburg, FL 33706, and Randall L, Hartman, Esquire, or such other address as Husband from time to time may designate in writing. Any notice required by this Agreement to be sent to Wife shall be sent by certified mail, return receipt requested, to Sally J. Benedict, 5208 Meadowbrook Drive, Mechanlcsburg, PA 17055 and Bradley L. Griffie, Esquire, or such other address as Wife from time to time may designate in writing. 17. HEADINGS NOT PART OF AGREEMENT Any headings preceding the text of the several paragraphs and subparagraphs hereof are inserted solely for coDvenience of reference and shall not constitute a part of this Agreement nor shall they affect its meaning, construction or effect. 18, APPOINTMENT OF ESCROWEES Husband hereby appoints Randall L. Hartman. Esquire, and Wife hereby appoints Bradley L. Griffie, Esquire, to serve as escrowees hereunder. The eserowees shall not be liable for errors of judgment, nor for acts due or omined in good faith, but only for willful miseonduct, fraud or negligence. The escrowees shall be protected in acting upon any notice. certificate or other document believed by either to be genuine and to have been properly executed. 19. LITIGATION Husband warrants and covenants that she has instituted no other legal actions, other than the pending divorce action, in Pennsylvania or in any other jurisdiction and covenants and agrees that she will not institute any legal proceeding in the future against Husband except for the purpose of enforcing any rights accruing to her under the terms of this Agreement. Wife warrants and covenants that he has instituted no legal aetions in Pennsylvania or in any other jurisdiction and covenants and agrees that he will not institute any legal proceeding in the future against Wife except for the purpose of enforcing any rights aceruing to him under the terms of this Agreement. 5 .' 20. BANKRUPTCY OR REORGANIZATION PROCEEDINGS In the event that either party becomes a debtor in any bankruptcy or financial reorganization proceedings of any kind while any obligations remain to be performed by that party for the benefit of the other party pursuant to the provisions of this Agreement, the debtor spouse hereby waives, releases and relinquishes any right to claim any exemption (whether granted under state or federal law) to any property remaining In the debtor as a defense to any claim made pursuant hereto by the creditor-spouse, and the debtor-spouse hereby assigns, transfers and conveys to the creditor-spouse an interest In all of the debtor's exempt property sufficient to meet all obligations to the creditor-spouse as set forth herein, Including all attorneys' fees and costs incurred in the enforcement of this Paragraph or any other provision of this Agreement. No obligation ereated by this Agreement shall be discharged or dischargeable, regardless of federal or state law to the contrary, and each party waives any and all right to assert that any obligation hereunder Is discharged or dischargeable. 21. EFFECT OF RECONCILIATION OR RECONCILIATION ATfEMPT This Agreement shall remain In full force and effect even if the parties reeoncile, eohabit as husband and wife, or attempt a reconciliation. This Agreement shall eontinue In full force and effeet and there shall be no modification or waiver of any of the terms hereof unless the parties, In writing, signed by both parties, execute a statement declaring this Agreement or any term of this Agreement to be null and void, 22. CONFIDENTIALITY This Agreement and the documents produced in the process of negotiating the provisions hereof ("documents") shall not be filed with any public official or otherwise placed on public record, except as may be necessary and required in connection with a divorce proeeeding or in order to enforee any of the terms hereof. The parties shall cooperate in an effort to seal the reeord in any divorce proceeding as it may relate to this Agreement or the documents. The parties further agree that, subject to required disclosure by subpoena, deposition or other order of a eourt or governmental agency, neither party shall diselose the terms of this Agreement or the documents as aforesaid or the eontents of the attached Schedules, and each shall instruet his or her counsel and other experts to maintain this confidentiality. In the event of any subpoena, deposition or other order requiring disclosure of this Agreement or the documents as aforesaid, the party receiving such subpoena, deposition notice, or other order as aforesaid will notify the other and allow the other to defend against such disclosure at the defending party's own eosts. The foregoing prohibition of disclosure shall not apply to discussions with any proposed spouse of either party in eonnection with representations being made in a premarital agreement between a party hereto and such proposed new spouse, 23. TERMINATION OF AGREEMENT ABSENT DIVORCE Notwithstanding any of the provisions of this Agreement, if a final decree in divorce shall not have been entered with respect to the parties by November 20, 1994, this Agreement shall automatically become null and void and the covenants and undertakings contained herein shall not be binding upon the parties. In such event, any property, funds, and/or documents shall be returned by the parties themselves or any escrowees named herein to their original sources, the intent of the parties being to restore themselves to their respective position immediately prior to the date of execution of this Agreement. 6 " .' Section 3 Property Distribution Provisions I. PERSONAL PROPERTY Husband and Wife do hereby acknowledge that they have previously divided their tangible personal property Including, jewelry, clothes, furniture, furnishings, rugs, enrpets, household equipment and appliances, pictures, books, works of art and other personal property except the personal books, a watch and ring that belong to the husband and are in the possession of wife; and hereafter Wife agrees that all of the property in the possession of Husband shall be the sole and separate property of Husband; and Husband agrees that all of the property in the possession of Wife shall be the sole and separate property of Wife, except the ring, watch and personal books. The parties do hereby specifically waive, release, renounce and forever abandon any claims which either may have with respect to the above items, whieh shall hereafter be the sole and exclusive property of the other, exeept the ring, watch and personal books. 2. MOTOR VEHICLES With respect to the motor vehicles owned by one or both of the parties, they agree as follows: A. The 1986 Dodge Colt, shall hereafter be the sole and exclusive property of Wife, free of liens and encumbrances. B. The 1983 Pontiac 6000. shall hereafter be the sole and exclusive property of Husband, free of liens and eneumbrances. C. The parties agree to execute any documents necessary to effectuate the provisions of this Paragraph on the execution date hereof, including Vehicle Sales and Use Tax Rerurns as necessary to make any conveyances on a tax-free basis if possible. The said documents shall be delivered to the party entitled to receive same pursuant hereto on distribution date. D. In the event that any documents of title to the said vehicles shall be in the hands of a bank or other holder of a lien or encumbrance upon either of the said vehicles, and it is intended that such vehicle be conveyed subject to the said lien or encumbrance, the parties agree that they will advise the bank and/or lienholder as to the transfer of title and they further agree to exeeute whatever doeuments may be required to transfer title where the documents of title are in the hands of such bank and/or lienholder. 3. BANK ACCOUNTS The parties hereby agree that all of the funds contained in (Account Number) at Bank shall hereafter be the sole and exclusive property of Wife, and Husband hereby waives any and all right or claim therein. The parties agree that they will execute any doeuments neeessary to effecruate the provisions of this Paragraph on execution date. 7 .' . .' 4. WAIVER OF RETIREMENT BENEFITS Husband and Wife hereby specifically release and waive any and all interest, claim or right that he or she may have to any and all retirement benefits (including pension or profit sharing benefits) or other similar benefits of the other party. The parties further aclmowledge and agree that they shall execute any documents pursuant to the Retirement Equity Act or any similar act that may be required from time to time to aecomplish the purposes of this Paragraph. 5. TRANSFER OF REAL ESTATE Husband shall make, execute and deliver all documents in the usual form conveying, transferring and granting to Wife all of his right, tide and interest in and to the real estate situate at and known as 5208 Meadowbrook Drive, Mechanicsburg, PA. The said conveyance shall be free of all liens and encumbrances in the name of the Husband. Wife hereby agrees that as soon as possible, but not more than six (6) months, after the granting of the divorce, she will eause the release of Husband from any liability or obligation on the mortgage notes presendy existing with respect to said premises and upon which both parties hereto are liable. Wife will have Husband released from liability and his named removed from all loans on the property including the existing primary mortgage and second mortgage, Husband hereby assigns to Wife any and all interest whieh he may have in any insurance policies covering the real estate, or in proeeeds from such policies, or in any prepaid real estate taxes. Wife hereby guarantees to indemnify Husband and to hold him harmless for any and all payments due in accordance with the terms of the mortgages existing against the property. The documents conveying tide to the property shall be executed by Husband on the date of execution of this Agreement and shall be delivered to Randall L. Hartman, Esquire, counsel for Husband, to be held in escrow and delivered to Wife, or Wife's counsel. upon the successful release and removal of Husband from the mortgages existing against the property. 6. REAL ESTATE EXPENSES From the date of execution of this Agreement, Wife agrees to assume as her sole obligation any and all mortgage payments, taxes, utility charges, insurance, maintenance, repairs, claims, damages and all other expenses incurred in connection with the real estate situate at and known as 5208 Meadowbrook Drive, Mechanicsburg. PA, Wife further agrees and covenants to hold Husband harmless from any liability or obligation arising from any expense incurred in eonneetion with the said real estate. 7. EXCLUSIVE RIGHT OF OCCUPANCY OF REAL ESTATE From the date of execution of this Agreement, Wife shall have the exclusive right to occupy the premises situate at and known as 5208 Meadowbrook Drive, Mechanicsburg" PA, free of rent without interference or harassment by Husband. Husband agrees to refrain from instituting any aetion in equity or partition or otherwise in coanection with said premises. 8 . . " .' . .' 8. CONSIDERATION FOR TRANSFER OF REAL ESTATE In consideration for the conveyanee set forth in Paragraph 5 of this Agreement, Wife shall pay to Husband the sum of S 1.00, the said sum to be paid by Wife on the date of execution of this Agreement to Randall L. Hartman. Esquire, who will hold same In escrow and deliver the monies to Husband 00 the distribution date hereof. 9. RELEASE OF MORTGAGE LIABILITY Husband has agreed to convey, transfer and grant to Wife his right, title and interest In the real estate situate at and known as 5208 Meadowbrook Drive, Mechanlesburg P A. Wife hereby agrees that as soon as possible, but not more than six (6) months, after the granting of the divorce, she will cause the release of Husband from any liability or obligation 00 the mortgage notes presently existing with respect to said premises and upon whleh both parties hereto are liable. From the date of the Agreement, Wife agrees to assume as her sole obligation any and all mortgage payments, taxes, claims, damages or other expenses incurred in coaneetion with said premises. Wife further covenants and agrees to hold Husband harmless from any such liability or obligation. 10. AFTER-ACQUIRED PROPERTY Each of the parties shall hereafter own and enjoy, independently of any claim or right of the other, all items of property, be they real, personal or mixed, tangible or intangible, which are acquired by him or her after execution of this Agreement, with full power in him or her to dispose of the same as fully and effectively, in all respects and for all purposes, a.~ though he or she were unmarried. 11. WAIVER OF SPOUSAL SUPPORT AND ALIMONY PENDENTE LITE Husband and Wife do hereby waive, release and give up any rights arising from the continuing existence of their marital relationship which either may have against the other for spousal support, alimony pendente lite, or other maintenance of any kind, except as otherwise specifically provided herein. 12. WAIVER OF ALIMONY Husband and Wife do hereby waive, release and give up any rights which either may have against the other to receive alimony or other post-divoree maintenance or support. It shall be, from the execlltion date of this Agreement, the sole responsibility of eaeh of the respective parties to sustain himself or herself without seeking any support from the other party. 9 .' .' . . Section 4 Closing Provisions and Execution Each of the parties has carefully read and fully considered this Agreement and all of the statements, terms, conditions and provisions thereof prior to signing below. IN WITNESS WHEREOF, intending to be legally bound hereby, the parties hereto have set their hands and seals the day and year first written above. /taWAt' /rw . ~I ~jAR,'" WITNESS JH~ ~) H B NO 10 . . .' .. . .. . . . COMMONWEALTH OF PENNSYLVANIA ss: COUNTY OF (}/J11 hlr./lllcL On this, the ~ day of , 1994, before me, a Notary Public for the Commonwealth of Pennsylvania, residing in the County of , personally appeared Sally 1. Benedict, known to me to be the person whose name is subscribed to the within Agreement, and aelcnowledged that S he executed the same for the purposes therein contained. IN WITNESS WHEREOF, I have hereunto set my hand and official seal. -;(~,tJ;,d~~-t..) No Public N*iaI Sell RcbIn J. Go6/'f,lII1, NaIIIY. P\.dC ~,~~~ STATE OF FLORIDA COUNTY OF PINELLAS ss: On this, the /Jrh.,day of ()r;Tf) B~ ,1994 before me, a Notary Public for the State of Florida, residing in the County of Pinellas personally appeared Alfred P. Benedict, known to me to be the person whose name is subscribed to the within Agreement, and acknowledged that ~e executed the same for the purposes therein contained. IN WITNESS WHEREOF, I have hereunto set my hand and official seal. ~- Notary Public GILBERT ~ Notary Public S' GOTT My comm. eXPJ;est~~t~ o~:'orl~a CommISSIon No C'28 , 1997 . 1624 11 ALFRED P. BENEDICT, Plaintiff : IN THE COURT OF COMMON PLEAS : OF CUMBERLAND COUNTY, : PENNSYLVANIA : No, 94-2645 v, : CIVIL ACTION - LAW SALLY J. BENEDICT, Defendant : IN DIVORCE PRAECIPE TO TRANSMIT RECORD Transmit the record, together with the following information, to the Court for entry of a divorce decree: 1. Ground for divorce: Irretrievable breakdown under Section 3301(c) of the Divorce Code. 2. Date and manner of service of Complaint: May 25, 1994 by Certified mail, return receipt requested. 3. (1) Date of execution of the Affidavit of Consent required by Section 3301(c) of the Divorce Code: by Plaintiff: October 15, 1994. by Defendant: October 3, 1994 4. Complete the appropriate paragraphs: (a) Related claims pending: None (b) Claims withdrawn: None (c) Claims settled by agreement of the parties: None (d) The written agreement dated October 3, 1994, is to be incorporated into the Divorce Decree. A true and correct copy of the fully executed agreement to the proposed Decree that is submitted herewith. Date: October 17, 1994 ~~~ Attorney for Plaintiff ALFRED P. BENEDICT, Plaintiff IN THE COURT OF COMMON PLEAS : OF CUMBERLAND COUNTY, PENNSYLVANIA . . . . : No. 9'-f. - .;1(04-5 G-'1;/Te.lfYl . v. : CIVIL ACTION - LAW SALLY J. BENEDICT, Defendant . . : IN DIVORCE NOTICB TO DBFBND YOU HAVB BBBN SUBD IN COURT. If you wish to defend against the claims set forth in the following pages, you must take prompt action. You are warned that if you fail to do so the case may proceed without you and a decree in divorce or annulment may be entered against you by the Court. A judgement may also be entered against you for any other claim or relief requested in these papers by the Plaintiff. You may lose money or property or other rights important to you, including custody or visitation of 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, Cumberland County Courthouse, Carlisle, Pennsylvania, and the Cumberland county Domestic Relations Office, Carlisle, Pennsylvania. IF YOU DO NOT FILB A CLAIM FOR ALIMONY, DIVISION OF PROPBRTY, LAWYER'S FEES OR EXPENSES BEFORB A DIVORCE OR ANNULMENT IS GRANTBD, YOU HAY LOSE THE RIGHT TO CLAIM ANY OF THEK. YOU SHOULD TAXB THIS PAPER TO YOUR LAWYBR AT ONCB. IF YOU DO NOT HAVE A LAWYBR OR CANNOT AFFORD ONB, GO TO OR TELBPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU HAY GET LBGAL HBLP. COURT ADMINISTRATOR, CUMBBRLAND COUNTY CUMBERLAND COUNTY COURTHOUSE 4TH Floor--1 Courthouse square carlisle, PA 17013 (717) 240-6200 BY~~~' Randall L. Hartman, Esquire Randall L. Hartman, PC 438 Market Street Lemoyne, PA 17043 (717) 761-8490 Attorney for Plaintiff ALFRED P. BENEDICT, plaintiff IN THE COURT OF COMMON PLEAS : OF CUMBERLAND COUNTY, PENNSYLVANIA . . . . : No. v. . . : CIVIL ACTION - LAW SALLY J. BENEDICT, Defendant . . : IN DIVORCE COMPLAINT UNDER SBCTXON 3301(0) AND 3301(4) OJ' THB DIVORCB CODB AND NOW, comes plaintiff, Alfred P. Benedict, by and through his attorney, Randall L. Hartman, Esquire, Randall L. Hartman, PC, Lemoyne, pennsylvania, and files the following: COUNT I DIVORCB PURSUANT TO SBCTION 3301(0) AND 3301(4) OF THE DIVORCE CODB 1. Plaintiff is Alfred P. Benedict, a citizen of the State of Florida, who resides in Pinellas County, Florida and whose mailinq address is 6650 Gulfwinds Drive, st. Petersburg Beach, FL 33706. 2. Defendant is Sally J. Benedict, who currently resides at Cumberland County, 5208 Meadowbrook Drive, Mechanicsburg, Pennsylvania, 17055. 3. Defendant has been a bona fide resident in the commonwealth for at least six months immediately previous to the filing of this complaint. 4. The plaintiff and defendant were married on January 17, 1953, in Cumberland, Maryland. 5. A prior action for divorce was filed in the prothonotary's Office of Cumberland county. The action was docket number 377l-CV-1989 and was dismissed for lack of activity. . . , . 6. The marriage is irretrievably broken. 7. Plaintiff has been advised that counseling is available and that plaintiff may have the right to request that the court require the parties to participate in counseling. 8. The causes of action and sections of the Divorce Code under which Plaintiff is proceeding are: a. Section 3301(C). The marriage of the parties is irretrievably broken. After ninety (90) days have elapsed from the date of the filing of this complaint, plaintiff intends to file an Affidavit consenting to a divorce. Plaintiff believes that defendant may also file such an affidavit. b. Section 3301(d). The marriage of the parties is irretrievably broken. The Plaintiff and Defendant separated on March 1, 1994. WHEREFORE, plaintiff respectfully requests the Court to enter a Decree of Divorce divorcing Plaintiff and Defendant. Respectfully submitted: ~~~~v Randall L. Hartman, Esq. Randall L. Hartman, PC 438 Market street Lemoyne, PA 17043 (717) 761-8490 1.0. No. 68732 . . . ..... '..---'my.iB-~94'1'i~0i'''' .. ,.... .. ~~,," ,; " , .,' .... , " . . . . .:. ....... i. ." :.}:.:,: >, p" '..' :j'-.I . ~: ~.' ".,! '. , ,'.1. " , ., :,. . , .~: : Datel : . " . ..' '. ., .. .': . . ~ .' " . . '. .... .:....:... , t....:.....,,,O .,~,:.;,'/r:: ,". .'...... . . ':. .~~ .:'). ~ o!!'J : . . .;::~~..,! ' ::.": ".': ,\ ". .....,' ". .... .'. . .' ;:' ~ :... ..~.:.'.::.~ . '. ..< :.~:~. : ,':'. ... " ..... t. .... . :.'. :.' ,,:,...; ':',.'~';~:.:'.:.:..:.; . '. ','.' ..~,:. ':; . '. ,. .:~~W~;;:.:.:.j.. ~ ... ." . , '.' . .....! ,I:' '. ,. . ~; ....-:l. '.'; ,I . :~;...~~.~. .:: .... . ....t.. '., <::i%~~(.~, .: '. '. ....., ....,;. '. .'. .. jo f a ""&. "1i ""R- -:::r- en >-- III ~ - ~~ ~ = ~;;.r: 0 ("l"'\ CL. 'J.'. :..: If) @ ..... ~~ ;.:. .,,' :;. 0 0 .:} :t= :: ''- i::> ....... ..~ - ":': ,:- .~ I.{) \ij 00 0 ~.~ _ J - " r - " ,:-' J. I!': ';Q c:o ,I.,:" ~ -d ~ ,w . - ~ - , " :.:."u = , . 10/15/8. 15:03 tt..8 2888 CLWTR ClIAMHER lilIOOl . . ALFRED P. BENEDICT, Plaintiff : IN TI-IE COURT OF COMMON PLEAS : OF CUMBERLAND COUNTY, : PENNSYLVANIA : No. 94-2645 v. : CIVIL ACTION - LAW SALLY J. BENEDICT, Defendant : IN DIVORCE AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under ~ 330l(c) of the Divorce Code was filed on May 18, 1994. 2. The marriage of the plaintiff ond defendant is irretricvably broken. Ninety clays have elapsed since the filing of the Complaint. 3. I consent to the entry of a fmol decree of divorce. 4. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if! do not claim them before a divorce is granted. 5. I verify thot the statements mode in this affidavit ore true and correct. I understand thnt false statements herein ore made subject to the penaltics of 18 Pa. C.S. ~ 4904 relating to unsworn falsification to authorities. Alfre"l:tt~ UO~ Alfie P. Benedict --- Datc: 111-1"-:- '1'1 I,' " I :1 ,\ " i' " i ~ - ;.....1- ,~ . -, = "-' ...... ,., '" ,. r-- t- .... t.' ~ = -:r CT> :7.... ::0:: c._ .... ..... '.:::! ., r-- .... " .. '-' :,-. = . . .ig~fiE:~::.::~~~~~'11 i.'lJ.'..,.~W"".' .'R.....Roco/pIR~'ontho.........-tho-- 2. 0 RI.trlcted OIIlVer,'!' l~ _ -'e";ThlRItum Rec:etptwilllhoW towhomlhl ertkII w..dtlnredn thedlte .', :.-.S-deltYtnd.- -- - ConlUlt atm..tarfar'". -; tr~~~:~ ", ;~~:.: ~. 1\ ./ 'd\ I." "","Clrtlfled 0 coo !' ' \M~c:.,",OM.\c:.~I.o.AJ ~I\ l70S'S- 0 Exp.... M.II 0 Rlturn Recllptfor 1 i : , 7. Dill of Dlllvl .! ; . ~ Ii dd...II8'. Add.... (Only If requllt 'I...' and fll I. paid) F. . .' ,Dlcember t881 ..u.a.OPO:l_71. DOMESTIC RETURN RE EIPT J ( ( I I , , i ) ,. ( ~..., ""... u:. .- ,-, , ,-, - c., = ALFRED P. BENEDICT, Plaintiff : IN THE COURT OF COMMON PLEAS : OF CUMBERLAND COUNTY, PENNSYLVANIA : No. 94-2645 v. : CIVIL ACTION - LAW SALLY J. BENEDICT, Defendant : IN DIVORCE ORDER GRANTING LEAVE TO FILE AN AMENDED COMPLAINT IN DIVORCE AND NOW, <... ~t....fe,I'J 22- ,1994, Leave to file an amended Complaint in Divorce is granted to P 'ntiff and the attached complaint shall be filed with the Office of Prothonotary. BY THE COURT: Vi ~" .~j 1 ~ ."1",1 HI/Oilj .~, nt: ''''J A'lUCIlOrilO . . ;;, ~ ,;, 301~.;~..j, 11: ~6, Hd LS E Zl d3S ALFRED P. BENEDICT, Plaintiff : IN THE COURT OF COMMON PLEAS : OF CUMBERLAND COUNTY, PENNSYLVANIA : No. 94-2645 v. : CIVll. ACTION - LAW SALLY J. BENEDICT, Defendant : IN DIVORCE PETITION FOR LEA VB TO FILE AMENDED COMPLAINT IN DIVORCE Plaintiff, by his undersigned attorney, hereby petitions this Honorable Court for leave to file an Amended Complaint in Divorce. In support thereof, Petitioner avers as follows: 1. On May 18, 1994, Plaintiff filed the above-captioned Complaint in Divorce, which contains a cause ofaction for divorce under Section 3301(c) and Section 3301(d) of the Divorce Code. 2. At the time Plaintiff filed the Complaint, he believed that he and Defendant could amicably resolve their marital problems and that protracted litigation would not be necessary. Therefore, the Complaint was filed alleging only a no-fault ground for divorce with no ancillary economic relief or, in the alternative, a unilateral no-fault divorce with no ancillary economic relief. 3. Contrary to Defendant's initial representations, she has failed to bargain in good faith with Plaintiff regarding the amicable resolution of the disputes between them, including equitable distribution of property, alimony, alimony pendente lite, spousal support and counsel fees, costs and expenses. 4. Plaintiff seeks leave of the Court to file an Amended Complaint which sets forth a cause of action for divorce pursuant to Sections 3301 (c), 3301(d), 3502(a), 3701(a), 3702, 3104(a)(I), and 3323(b) of the Divorce Code and which requests ancillary economic relief. A true and correct copy of the proposed Amended Complaint is attached. WHEREFORE, Plaintiff respectfully requests that the Petition for Leave to File an Amended Complain! in Divorce be granted. Respectfully submitted: ~-tQ~ \J, \&+- Randall L. Hartman, Esq. Randall L. Hartman, PC 438 Market Street Lemoyne, PA 17043 (717) 761-8490 I.D. No. 68732 - -'" I, Alfred P. Benedict, the undersigned, hereby verifY and confinn that I have reviewed the foregoing document, and the statements made in this Petition are true and correct to the best of my knowledge, infonnation and belief. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904, relating to unswom falsification to authorities. ~ Plaintiff Date: r- V(., 1{ ~(>>> ~ ~ l..~~\ -U- '- Attomey for Plaintiff ALFRED P. BENEDICT, Plaintiff : IN THE COURT OF COMMON PLEAS : OF CUMBERLAND COUNTY, PENNSYLVANIA : No. 94.2645 v. : CIVil.. ACTION - LAW SALLY J. BENEDICT, Defendant : IN DIVORCE COMPLAINT UNDER SECTION 3301(c) AND 3301(d) OF THE DIVORCE CODE AND NOW, comes Plaintiff, Alfred P. Benedict, by and through his attorney, Randall L. Hartman, Esquire, Randall L. Hartman, PC, Lemoyne, Pennsylvania, and files the following: COUNT I DIVORCE PURSUANT TO SECTION 3301 (c) AND 3301(d) OF THE DIVORCE CODE 1. Plaintiff is Alfred P. Benedict, a citizen of the State of Florida, who resides in Pinellas County, Florida and whosemailingaddressis6650GulfwindsDrive.St. Petersburg Beach, FL 33706. 2. Defendant is Sally J. Benedict, who currently resides at 5208 Meadowbrook Drive, Mechanicsburg, Cumberland County, Pennsylvania, 17055. 3. Defendant has been a bona fide resident in the Commonwealth for at least six months immediately previous to the filing of this complaint. 4. The plaintiff and defendant were married on January 17, 1953, in Cumberland, Maryland. 5. A prior action for divorce was filed in the Prothonotary's Office of Cumberland County. The action was docket number 3771-CV-1989 and was dismissed for lack of activity. 6. The marriage is irretrievably broken. '. 7. Plaintiff has been advised that counseling is available and that plaintiff may have the right to request that the court require the parties to participate in counseling. 8. The causes of action and sections of the Divorce Code under which Plaintiff is proceeding are: a. Section 3301(c). The marriage of the parties is irretrievably broken. After ninety (90) days have elapsed from the date of the filing of this Complaint, plaintiff intends to file an Affidavit consenting to a divorce. Plaintiff believes that defendant may also file such an affidavit. b. Section 3301(d). The marriage of the parties is irretrievably broken. The Plaintiff and Defendant separated on March I, 1994. WHEREFORE, Plaintiff respectfully requests the Court to enter a Decree of Divorce divorcing Plaintiff and Defendant. COUNT n REQUEST FOR EQUITABLE DISTRIBUTION OF MARITAL PROPERTY UNDER ~ 3502(a) OF THE DIVORCE CODE 9. The prior paragraphs of this Complaint are incorporated herein by reference thereto. 10. Plaintiff requests the Court to equitably divide, distribute or assign the marital property between the parties without regard to marital misconduct in such proportion as the Court deems just after consideration of all relevant factors. WHEREFORE, plaintiff respectfully requests the Court to enter an order of equitable distribution of marital property pursuant to ~ 3502(a) of the Divorce Code. COUNT ill REQUEST FOR SPOUSAL SUPPORT AND/OR ALIMONY PENDENTE LITE AND ALIMONY UNDER 00 3701(a) AND 3702 OF THE DIVORCE CODE 11. The prior paragraphs of this Complaint are incorporated herein by reference thereto. 12. Plaintiff is unable to sustain himself during the course oflitigation. 13. Plaintiff lacks sufficient property to provide for his reasonable needs and is unable to sustain himselfthrough appropriate employment. 14. Plaintiff requests the Court to enter an award of spousal support and/or alimony pendente lite until final hearing and thereupon to enter an order ofalimony in his favor pursuant to ~~ 3701(a) and 3702 of the Divorce Code. WHEREFORE, plaintiff respectfully 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 his favor pursuant to ~~ 3701(a) and 3702 of the Divorce Code. COUNT IV REQUEST FOR COUNSEL FEES, COSTS AND EXPENSES UNDER 003104(0)(1), 3323(b) AND 3702 OF THE DIVORCE CODE IS. The prior paragraphs of this Complaint are incorporated herein by reference thereto. 16. Plaintiff has employed Randall L. Hartman, Esquire, to represent him in this matrimonial cause. 17. Plaintiff is unable to pay his counsel fees, costs and expenses and defendant is more than able to pay them, 18. Defendant is employed and has the ability to pay Plaintiff's counsel fees, costs and expenses. I, :r Q,; ~-1 .,Jl r( - \I'" .( 4 ~ r' . . . . .- -.