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HomeMy WebLinkAbout94-02813 "" J1 ;! "" cB' r t I~ - . .... r<f - DO Cl) .~~*---~-*.~--~-*-*_.~.)*,~~----~~., ~ - ------~...-'~~-------...-------..-.,." - -..' -, ......."..--- 8 ~ " P.' ~l ~! ~ " P.' IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY "!t' STATE OF 1~~t PENNA. ~ " P.' ~ " P.' DOUGLAS A. IlURKHOLDEH l\: 11.94..,2813 CIVIL,... 11)94 ~ " P.' Plain tif: f Vill'.';lI=, ~ " P.' . STEPHANIE J. BURKHOLDER, Defendant " P.' i:, P.' " P.' DECREE IN DIVORCE AND NOW, "'~" ,\.~""" 19q~.. it is ordered and decreed that""""., ~~,U~L!\~, ,1\:, I3,U~~!19,~l?\>~."".""",.. plaintiff, and, " , . ., , '" , '" , '" ,q~l?r'1,1\t'm:, ,oJ;., ,I3Y,~I)I.lPJ,OER. , , , , , " , '. defendant, are divorced from the bonds of matrimony. " P.' ~l ~ '" ~ ~ ~ ~ ~ ~ " P.' The court retains jurisdiction of the following claims which have been raised of record in Ihis oclion for which 0 linol order has nol yet been entered; \b~ " P.' ~ ~ ~ M .,' ~ ~ ~ 8 -. ~ --- ...- .>..t;. 'lI':' .>>:' . ,TI.lE. JolARITAL, SETTLEHENT, I\GREEtlENT, OI:', JU,r..x :-Hi!j' 199} , IS, ,:WCORP.ORj\TED ,INTO" ,BUT ,NOT, llEHGED ,\Wtll, , ~'HE , DECIlEE.., . . /1 ;1""./ ""."" , /;;1 /' IIv (::.. C"I ~/ All...: \.",..1 ..'LL. ~I\.u"~ r - I" ,,\\.,,'c\u,~ ,I. \,,). l,":)(L ,) n l(r (","\(1(\1'\ l~.'tx, I'rot'hlll1otnry ~ ._~.**.~.**.~..~~..*.*.~..~,~,.*-.:.:..~..*,* 8 ~ 8 ,'. * 8 ~ 8 8 8 " ... .', ~ 8 8 8 ~ ,; 8 8 8 8 ~ ~ " P.' 8 .:, ~ ~ ',' ~ w ',' ~ ~. * ~ ',' .. ~ w ',' !~ '':' * 8 ,~ ~ c:\..,SI\clN"-~,'" 11Io 'OI9-94-ll1 DOUGLAS A. BURKHOLDER. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY. PENNSYLVANIA CIVIL ACTION. DIVORCE-, NO. 94.2813 CIVIL TERM Plalntl" v. STEPHANIE J. BURKHOLDER, Defendant IN DIVORCE r" _. , = - ..0 ,.L.:. THIS Agreement made this ~ day of -11' Ell ' 1994, by and between STEPHANIE J. BURKHOLDER, of Newvill/; Cumberland County, Pennsylvania, hereinafter referred to as WIFE, and DOUGLAS A. BURKHOLDER, of Ml. Holly Springs, Cumberland County, Pennsylvania, hereinafter referred to as HUSBAND, WITNESSETH: WHEREAS, the parties hereto are husband and wife, having been Joined in marriage on October 10, 1987, In Newville, Cumberland County, Pennsylvania; and WHEREAS, a Complaint for Divorce has been filed In the Court of Common Pleas 01 Cumberland County, Pennsylvania, to No. 94.2813, Civil; and WHEREAS. the parties hereto are desirous of settling fully and finally their respective financial and properly rights and obligations as between each other, including, without limitation, the settling of all matters between them relating to the ownership of real and personal property, and In general, the settling of any and all claims and possible claims against the other or against their respective estates. . 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 sufficiency of which is hereby qcknowledged by each of the parties hereto, HUSBAND and WIFE, each Intending to be legally bound, hereby covenant and agree as follows: I e:1.,.lllcjNlYau_,.., r.. 14l19.M.c. 1. Advice or Counsel: The pertles hereto acknowledge thet each has been notIlled of his or her right to consult with counsel of his or her choice, and have been provided a copy of this agreement with which to consult with counsel. HUSBAND Is represented by Carol J. Undsay, Esquire, and WIFE has been advised that she may be represented by counsel of his choice. Each party acknowledges and accepts that this agreement Is, In the circumstances, fair and equitable, and that It Is being entered Into freely and voluntarily, after having received such advice and with such knowledge as each has sought from counsel, and that executIon of this agreement Is not the result of any duress or undue Influence, and that It Is not the result of any Improper or Illegal agreement or agreements. 2. Divorce: The parties agree to the entry of a Decree in Divorce, The parties will execute, on the date of this agreement, Affidavits of Consent under SectIon 3301 (c) of the Divorce Code, consentIng to the entry of a Decree In Divorce. 3. Personal Property: The parties acknowledge that they have equitably and sallsfactorlly divided all of their personal property, and that all personal property shall be the sole and Individual property of thA party In whose possession It Is as of the date of this agreement. WIFE will retain the 1982 Dodge Charger and HUSBAND will execute any and all documents to transfer all his right, title and Interest In said automobile to WIFE. WIFE takes such automobile 'as Is', understanding that the vehicle Is an old one. HUSBAND will retain the 1970 Great Lakes Mobile Home and the 1973 Chevrolet Pickup. WIFE will transfer all her right, IitIe and Interest In said property to HUSBAND. HUSBAND will retain any and all employment benel1ls which he may have and WIFE releases any claim which she might have on his pension, profit sharing or other retIrement plans. 2 c:lwpll\cjNmlno-..wu,"" f1Io "1lP.~1 4, Real Property: The parties are owners of a tract of land, more particularly described as Lot No.5 as shown on the final subdivision plan for Lee L Burkholder, recorded In the Office of the Recorder of Deeds for Cumberland County, In Plan Book 62, Page 54, and situated in Upper Mlffiln Township, Cumberland County, Pennsylvania. On the date 01 this Agreement, WIFE will transfer to HUSBAND all her right, title and Interest In said tract, and HUSBAND will pay all of the taxes, Insurance, and the debt to HUSBAND's parents on said property, and will Indemnify and hold WIFE harmless against any charge on account 01 said property. Within sixty (60) days of the date 01 this Agreement, HUSBAND will pay to WIFE Five Thousand Dollars and 00/100 ($5,000.00). 5. Alimony: The parties waive any claim that they may have one against the other for alimony or spousal support. The parties acknowledge that each has sufficient assets with which to maintain themselves after divorce. 6. Marital Debt: The parties have, In their own names, certain credit card accounts which may Include some marital debt. Each party will be responsible for 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 Indemnify and hold the other harmless lor any debt so Incurred. 7. Modification: No modification, rescission, or amendment 01 this agreement shall be effective unless In writing signed by each 01 the parties hereto. a, Applicable Law: All acts contemplated by this agreement shall be construed and enlorced under the laws 01 the Commonwealth of Pennsylvania. 9. Agreement Binding on Parties and Heirs: This agreement, except as otherwise expressly provided herein, shall bind the parties hereto, and their respective helrSr executors, administrators, legal representatives, assigns and successors In any Interest 01 the parties. 3 . , c:lwp.lI\cjNIY....lbootwolor.1lI1 fIlo 14Il9-M-llI 10. Agreement Not to be Merged: This agreement shall be Incorporated Into the final 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, end 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. 11. Documents: The parties hereto agree that they will execute and deliver one to the other any documents necessary to give effect to the terms of this Agreement. 12. Full and Final Setllement: WIFE and HUSBAND each do hereby mutually remise, release, quitclaim and forever discharge the other and the estate of such other, for all time to come, and for all purposes whatsoever, of end from any and all rights, titles, Interests or claims In or against the property (Including Income and gain from property hereafter accruing, of the other) or against the estate of such other, of whetever nature and wheresoever situate, which she or he now has or at any time hereafter may have against such other, the estate of such other or any part thereof, whether arising out of any former ects, contracts, engagements or liabilities of such other, or by way of dower or curtesy, or claims In the nature of dower or curtesy, or widows' or widowers' rights, family exemption or similar allowance, or under the Intestate laws, or the right to take against the spouse's will; or the right to treat a lifetime conveyance by the other as testamentary, or all other rights of a surviving spouse to participate In a deceased spouse's estate, whether arising under the laws of Pennsylvania, any other State, or any other Country, or any rights which either spouse may have, or at any time hereafter have, for past, present or future support or maintenance, alimony, alimony pendente lite, counsel fees, cosls or expenses, whether arising as a result of the marital relation or otherwise, 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 of any 4 -~-''I.~..".,..>....,.~,.._...,. ,'>. . . '. ~"""""-;'~~-"""-""""'''''''''-'''''''.'''''-''~-''.''''''~' - .....>,~.~_.--~,----.-. Ocr 12 2 ~5 PH '9~ '-f'o:t. 0,:: flJ,l C') 1/ Y .~ ~f i A ijf f , CIU-, ~'1. n .',;: I" !, h "l-~ .~."",.."y., .-..,.""..-.........-.. . .....-- ' ", .. " I . .~ T~ t. ;}i--~-:li- f_~_ ,.;'~7Jr:'-rr:' I ~~ ~' ~ "" ~ IV'1 . ~ - it ~ ~;~ )~ Q r:ro ':l ~ . " /") \J \n , :s:: ,j, " ~ 0.- Q . ,-4 " I . . ~ 'I"J ::1' -f) If) ~ '-l ~ N \'- (>Q - - ."-' r--J 'fl >- ~ .. ~) % ~~ I ~~ ~ ;~~ 8 . ~ r..~Q O~I ~86 8 ~ E I ~ e~o(~~ ~~~g~ . . .... .... .,oj +l .:: '~ .-l P. r<l po< . 0 ..l Z too <>-0 ....~ ~<I= w_ z~g~~~ ~Zr.~Ul>; \"I -00( - r:t..lUl/l:r.:>- O~~~~~ ::Er:t~~:tz .lJJjj;O....lJJ en~~I:~~ ~Ooo(lJJ~ o Ii I:: :::!!l ..l 0( ,.J ~ r:t <( U +l ij 'tl .:: .2l i8 i III ~ ~ III ~ !i1 8 ~ . " . 0( ~ ~ ~ III ~ D 8 .. '" .. (:: ... N .. N,.J (::: '" too < N '" N~ o(l '" . .. o ~.. p::l>lli>- !!Jl:ll>l< ~P::::1Il 0000 ~~~~ ci~ci"':' 13f:3lfl5 ~l:l~P:: <0<< _~_u ---- >< ---- - . e:lwp.lIu-WlvorecllNrUloW,_ lUo 'OIP-,.-ll1 , va. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNlY, PENNSYLVANIA CIVIL ACTION. DIVORCE DOUGLAS A. BURKHOLDER, Plaintiff STEPHANIE J. BURKHOLDER, Defendant NO. 94 - J R 13 IN DIVORCE CIVIL TERM N.O.I.l.Cf YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set forth In the following pages, you must take prompt action. You are warned that If you fall to do so, the case may proceed without you and a decree of divorce or annulment may be entered against you by the Court. A Judgment may also be entered against you for any other claim or 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 your children. When the ground for the divorce Is Indignities or Irretrievable breakdown of the marriage, you may request marriage counseling. A list of marriage counselors Is available In the Office of the Prothonotary at the Cumberland County Court House, Carlisle, Pennsylvania, 17013. IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERlY, LAWYERS FEES OR EXPENSES BEFORE A DECREE OF DIVORCE OR ANNULMENT IS GRANTED, YOU MAY LOSE THE RIGHT TO CLAIM ANY OF THEM. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Court Administrator, Fourth Floor Cumberland County Court House Carlisle, Pennsylvania 17013 (717) 240-6200 FLOWER, MORGENTHAL, FLOWER & LINDSAY Attorneya for Plaintiff BV: ~1'1 Oll;/I')~ Roger M. Morgentrial, Esquire ID # 17143 11 East High Street Carlisle, Pennsylvania 17013 (717) 243-5513 e:\wpllImllWlvOR'IbuIthoW"... Ilk' 4ll9.M.oI "': VI. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION. DIVORCE NO. 94 . ~ 8 I 3 CIVIL TERM IN DIVORCE DOUGLAS A. BURKHOLDER, Plaintiff STEPHANIE J. BURKHOLDER, Defendant COMfLAtJ'fi DOUGLAS A. BURKHOLDER, Plaintiff, by his attorneys, FLOWER, MORGENTHAL, FLOWER & LINDSAY, respectfully represents: 1. The Plaintiff Is DOUGLAS A. BURKHOLDER, who currently resides at 708 Holly Pike, Mt. Holly Springs, Cumberland County, Pennsylvania, since April, 1994. 2. The Defendant Is STEPHANIE J, BURKHOLDER, who currently resides at R, D. 2., Box 104 AA, Newville, Cumberland County, Pennsylvania, since November, 1988. 3. The Plaintiff and Defendant both have been bona fide residents In the Commonwealth of Pennsylvania for at least six months Immediately prior to the filing of this Complaint. 4. The Plaintiff and Defendant were married on October 10, 1987, at Newville, Cumberland County, Pennsylvania. 5. That there have been no prior actions of divorce or for annulment between the parties In this or In eny other Jurisdiction. 6. The Plaintiff avers that he Is entitled to a divorce on the ground that the marriage Is Irretrievably broken and Plaintiff Is procaedlng under Sections 3301 (c) and/or (d) of the Divorce Code. -.""'- . ~~:~'~~Fi~ .~'f~. JUN 2Z IU Zll1/f '9'/ t I jt~ f. r.:': 'I,. ", :.\il} ;'~.q"':i~ 'lj".~:'.'dY i F'l,\: r 'i" '-; ;,_\ , r' ,~- .-" II Ill, 'II " .. - "1 . ; ...' ~ ......- .0 'Y,7,1',':,!_':-~{:,:;-"" ",H i:\~ .;;i',:"\''';,'- "":e. :'1"'.,-i~_'-j.-Eo 'l,:__~';HQ,\:'~ :.;v,~"e-" ,""--' -".. ,...... "'I.~' ....i.<~",..;l,> L c..l..-',~",~ ......".,".. ~::?:;l.r-:}-i{'0l';:L_".-~:(y;i'z ',' ~. -: --~~" ':,', t"' "c' ' ~~t: " " "-...~l'::;,!, . . .~~j,.,i.:xt,.~ t ,',-" ~, .,-, . :" - ,', .." ,.>'''-. ~!~....dia3""'___,..... ,," . 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