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IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY
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STATE OF ~~~t PENNA,
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JOliN K, BENNETT,
Plaintiff
N (), 2825... ................ II) 94
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DIANNE E. BENNETT,
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Defendant
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DECREE IN
DIVORCE
AND NOW, .,~. ,'1:-~......., 19 (~/) it is ordered and
decreed that ... J.OIIN. .K.' . BEN.NE'l''l'. . . . . . , , . , . . . . . . , , , , , . . . . , , ., plaintiff,
and. . . . . . . . . . PIANN.E . E,. .BENNET'r. . . . . . . . . . . , . . . . . . . . . . . . . ., defendant,
are divorced from the bonds of matrimony,
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The court retains jurisdiction of the following claims which have
been raised of r~cl;\rd in t~lis action for which a final order has not yet
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The Marriage Settlement Agreement dated April 11, 1997, is
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MARRIAGE SETTLEMENT AGREEMENT
THIS AGREEMENT, madE this II \Ictay of I\l \\,~
, 1997, by
and between JOHN 1<. BENNETT, hereinafter referred to as HUSBAND,
and DIANNE E, BENNETT, hereinafter referred to as WIFE.
WIT N E SSE T H:
WHEREAS, HUSBAND and WIFE were lawfully married on February 6,
1988; and
WHEREAS, no children were born as a result of this marriage;
and
WHEREAS, certain differences have arisen between the parties
as a result of which they have decided to separate and to live
separate and apart from one another, and it is the intention of
HUSBAND and WIFE to live separate and apart for the rest of their
natural lives, and the parties hereto are desirous of settling
fully and finally their respective financial and property rights
and obligations as between each other,
including without
limitation, (1) the settlement of all matters between them relating
to the ownership of real and personal property; (2) the settlement
of all matters between them relating to past, present and future
support and/or alimony; (3) the settlement and conclusion of their
legal status as a married couple; and
WHEREAS, 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, HUSBAND, having been properly advised by his counsel,
R, Mark Thomas, Esquire, and WIFE, having been properly advised by
her counsel, William T. Smith, Esquire, and now relying upon the
advice provided to each, the partics hercto havc corne to the
agreement, which follows:
NOW, THEREFORE, in consideration of the above recitals and the
following covenants and promises mutually madc and mutually to be
kept, the parties, intending to be legally bound, agree as follows:
1, AGREEMENT NOT TO BE A BAR TO DIVORCE PROCEEDINGS
A Complaint in Divorce has been filed to No, 1994-2825 Civil
Term in the Court of Conunon 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. 90 days have passcd since the filing of this
Complaint. Each of the partics hereto agrees to sign an Affidavit
of Consent agreeing to the divorce under Section 3301 (c), and a
Waiver of the Notice of Intention to Obtain Divorce Decree, This
Marriage Settlement Agreement shall be incorporated into the final
Decree in Divorce. No court may change the terms of this
agreement, which shall be enforced in accordance with its terms.
2. PERSONAl, RIGHTS
HUSBAND and WIFE may and shall, at ull Urnes hcreafter, live
separate and apart. Each shall be free trom all control,
restraint, interference or authority, di rect 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. 'I'his 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. DEB'I'S
As of the date of this Agreement, the parties have outstanding
balances due and owing on a personal loan obtained from the
Pennsylvania state Employees Credit Union under Account No. 187-60-
3105, Also, as of the date of this agreement, the parties have an
outstanding balance due and owing on a VISA Credit Card.
HUSBAND agrees to make a one-time lump sum payment in the
amount of $1,500.00 to WIFE which will represent his share of these
marital debts, 'I'hereafter, it will be the sole responsibility of
WIFE to pay these marital debts in full. WIFE agrees to hold
HUSBAND harmless and to indemnify HUSBAND for any amounts HUSBAND
may be required to pay on these debts over and above the $1,500.00
which he is paying to WIFE pursuant to this clause.
4. HUSBAND 's DEB'I'S
HUSBAND represents and warrants to WIFE that, except for the
joint debts set forth in this Agreement, he has not and in the
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
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against her by reason of debts or obligations incurred by him,
5. 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 uhall
indemnify and save HUSBAND harmless from any and all claims or
demands made against him by reason of debts or obligations incurred
by her.
6, PERSONAL PROPERTY
JlUSBAND nnd WIFE hereby acknowledge that they have agreed upon
the division of all tangible personal property, including jewelry,
clothing, furniture, household equipment, appliances, motor
vehicles, recreational vehicles and tools. Each party agrees that
these items have already been divided and each party is the owner
of any items of marital property currently in their possession.
This agreement shall act as a bill of sale evidencing the transfer
of ownership to the individual party of all items in their
possession.
WIFE and HUSBAND hold joint title to a 1991 Honda Civic and a
1984 VW Rabbit. It is agreed that title to the 1991 Honda Civic
will be transferred into HUSBAND's name alone and the ti tle to the
1984 VW Rabbit will be transferred into WIFE's name alone.
HUSBAND and WIFE agree to cooperate in the transfer of all titles
and insurance regarding these motor vehicles.
.
7. AFTER-ACQUIRED PERSONAl, PROPERTY
Each of the parties shall hereafter own and enjoy,
independently 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,
8. MARITAl. RESIDENCE
HUSBAND and WI FE agree that the marital residence located at
66 Sunset Drive, Mechanicsburg, cumberland County, Pennsylvania,
shall be conveyed to WIFE alone by HUSBAND and WIFE. WIFE agrees
to refinance the marital residence so that the mortgage is in her
name alone. It being understood that HUSBAND's name is to be
removed from the debt oblJ.gation on the marital residence as a
condition precedent to this agreement.
9. ALIMONY
This Agreement does not provide for alJ.mony to either party,
Each party understands that by executing this Agreement they are
hereby giving up and/or waiving any right or claim to alimony or
spousal support in any fashion, Henceforth, each party will be
responsible solely for their own support and maintenance,
10, RELEASE
Subject to the provisions of this Agreement, each party has
released and discharged, and by lhis Agreement does for himself or
herself, and his or her heirs, legal representatives, executors,
administrators and assigns, release, indemnify (including actual
,
legal fees) 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 conunon 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.
11. 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
jurisdiction, to share in the property or estate of the other as a
result of the marital relationship, including \~ithout limitation,
dower, curtesy, statutory allowance, widow's allowance, right to
take 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 wi 11, at the request of the
other, execute, acknowledge and deliver any and a 11 instruments
which may be necessary or advisable to carry into effect this
mutual waiver and relinquishment of all such interests, rights and
claims.
12. 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.
13 , LEGAL FEES
If either party to this Agreement resorts to a lawsuit ur
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.
14, 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.
15. ENTIRE AGREEMENT
This Agreement contains the entire understanding of the
parties, except for representations which are contained in a
separate document entitled "Representations Made to Wife" which has
been signed and notarized by WIFE. otherwise, this Agreement
contains the entire understanding of the parties and there are no
other representation, 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 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 jurisdiction. 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,
16. 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.
17. VOLUNTARY EXECUTION
Each party acknowledges that the Agreement is fair and
equitable, that it is being entered into voluntarily, 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
financial affairs of the other which has been requested by each of
them.
18, DESCRIPTIVE HEADINGS
The descriptive headings used herein are for convenience only.
They shall have no effect whatsoever in determining the rights or
obligations of the parties,
19. CONTROLLING LAW
This Agreement shall be construed in accordance with the laws
of the Commonwealth of Pennsylvania.
the parties hereto have set their hands
IN WITNESS WHEREOF,
and seals this 1 \ ~ \'day of
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Agreement is executed in duplicate, and
, 1997.
This
in counterparts,
and HUSBAND and WIFE, as parties hereto, acknowledge the receipt of
a duly executed copy hereof,
WITNESS:
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JOliN K. l3lmNE')"I',
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
vs.
NO.
94-2825
CIVIL TERM
DiANNE E, BENNE~I',
Defendant
IN DIVORCE
PRABCIPB TO TRANSMIT RBCORD
To the Prothonotary:
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) ~x of the Divorce Code.
section. )
2. Date and manner of service of the complaint:
6/11/94, certified mail, restricted delivery, First-Class
(strike out inapplicable
return rece1pt requestea
3. Complete either paragraph (a) or (b),
(a) Date of execution of the affidavit of consent
required by Section 3301(c) of the Divorce Code:
by plaintiff: 5/15/97
by defendant: 5/15/97
(b) (1) Date of execution of the plaintiff's affidavit
required by Section 3301(d) of the Divorce Code:
(2) Date of execution of the plaintiff's affidavit
upon the defendant:
4, Related claims pending: Marriage Settlement Agreement
dated April II, 1997,
5. Date and manner of service of the notice of intention to
file praecipe to transmit record, a copy of which is attached, if
the decree is to be entered under section 3301(d) (1) (i) of the
Divorce Code. \~aivers dated 5 15 97
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JOHN K. BENNETT,
Plaintiff
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IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
vs.
1994 . J f :J )'
CIVIL TERM
DIANNE E. BENNETT,
DIVORCE
Defendant
COMPLAINT IN DIVORCB
The plaintiff, by his attorney, R. MARK THOMAS, ESQUIRE,
brings this action in divorce for a Decree of Divorce from the
bonds of matrimony and respectfully represents:
1. The plaintiff is JOHN K. BENNETT, an adult individual,
who currently resides at 408 Pawnee Drive, Mechanicsburg, PA 17055
2. The defendant is DIANNE E, BENNETT, an adult individual,
who currently resides at 66 Sunset Drive, Mechanicsburg, PA 17055
3. Plaintiff and defendant have been bona fide residents of
the Commonwealth for at least 6 months immediately previous to the
filing of this Complaint.
4. The plaintiff and defendant were married on February 6,
1988, in HarriSburg, Dauphin County, Pennsylvania.
5. There have been no prior actions of divorce or for.
annulment between the parties.
6. The marriage is irretrievably broken,
7. The plaintiff requests the court to enter a Decree of
Divorce.
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