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HomeMy WebLinkAbout94-03776 \. 1 1) .. E: j '" '" t~ \lo.' \ ') "- . ~ ~ ~-t ~'l (.~ . 7 ] ~ J I ( i ( .. ~ ~ C"" c- rY) I . -+ i 0-) ./ ~ \,,~. ~ ~ ~~ '))'t ~~ <;:) >.~ ~~~ ,f...~ ~ ~\J'~~J ~V) ~.~ <f ~ ~ .:+:. .;+> .:.:. .:.; .:.; .;.; .:.;. ..: .:.... .;.;. .:.:. .;.: -:.> .:.: .:t:- <.: .;.;. <.;. .:.> .:.;. ~. .:.:. .:.;. .:.:. -:.:. .:.;. .:.:- .:.:. .:-=. .:.:. ';4 ~ . , W r,i\ . \ to: ~ " ~: . . IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY STATE OF I~~' PENNA. .,\ ...\ ~i ~\ ./ ~', , , ~i 1,.) ~I ~I I ~~ ~I ., ~I ~I ~l ~i ~i . , ~! ,I) w\ ,,! {Il( ,~ ! ~ ~ ~ ~ ~ ~ ., " KIMBERLY S. UMSTEAD, PLAINTIFF 1\ t l. 94-3776 CIVJr, .TERM \'1'1'-11; TODD M. UMSTEAD, DEFENDANT DECREE IN DIVORCE ~.d\)lau l. AND NOW, . . 19 95 . ., It Is ordered and decreed that KIMBERLY S. UMSTEAD and. TODDH. ijHSTEAP.. are divorced from the bonds of matrimony. . . .. . .. , .. .. ". plaintiff, . . . . . . , . , ., defendant, The court retains jurisdiction of the following claims which have been raised of record in this aclion for which 0 final order has not vet been entered; ~ ... ., " ~ ~ Th~ .MHrii\\lIl. sa.tt;lllm~nt ^grellm~nt... dated.. incorporatad into this Dacraa by rafaranca. not, however, merge with this Decree, .... .Augus.t..31,..199~, is Tha Agraamant shall ^"l"t,: d(,Ir..'...t'...l~ t: t:. ~ /j~.a:.~,'?f,'; 'fr:&:v f, I ,r /~1f" , '2',' ... 7 7 PlolllOIIIII;,,\ , ~ ~ ~ ~ ~ , ~ ~;. .~:. .:. ,ii! I~ I. l~ I~ ~ ',' ~ ~ ~ ~ ,', ~ w " ~ w " ~ ~ ~ I~ ~ !~ !~ I~ , ' iN I~ t" ( . liti I:' i~ ~ ,', I~ \~ i~ !'.' '" ~ ~ '.' * ~ '.' ~ ~ * ~ !i r. :~ ~. ;.::t::._ :t; :.: :+: :.: :.;:.':.: :.: ;.: :+: :~: :.: :.; :.: :t::t: :.;. . .. 1()"I,9.5' aI. dtt1M~~ Xl ~ 1/)''1-95'' 71~ ~ z. a~ /1!t(:'d/ - I J Ii \ I 1 ~i 1-' f ,. '. .. DIANE G, RAIlCJ.lH A1TllRNI:V.AT.I.AW SUit TKINUU: IUUll f.AMP 11I1.1., 1'..\ 17011 MARRIAGE SETTLEMlNT AGREEHlNT THIS AGREEMENT made this ~7..I' day of 4~".f 19 f'i- , by and between KIMBERLY S. UMSTEAD ("WIFE") of Mechanicsburg, Pennsylvania, and TODD M. UMSTEAD ("HUSBAND") of Mechanicsburg, Pennsylvania. .. I T N E SSE T H I WHEREAS, the parties hereto are HUSBAND and WIFE, having been married on October 5, 1990 in Hechanicsburg, Pennsylvania. There were no children born of this marriage; and WHEREAS, diverse and unhappy differences, disputes and difficulties have arisen between the parties 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 by specification I the ssttling of all matters between them relating to the ownership and equitable distribution of real and personal property; the 1 settling of all matters between them relating to the past, present and future support, alimony and/or maintenance of WIFE by HUSBAND or of HUSBAND by WIFE; and in general, the settling of any and all claims and possible claims by one against the other or against their respective eetates. HOW, THEREFORE, in consideration of the premiees and mutual promisee, covenante and undertakings hereinafter Bet forth and for other good and valuable consideration, receipt of which ie hereby acknowledged by each of the parties hereto, WIFE and HUSBAND, each intending to be legally bound hereby, covenant and agree as follows: 1. IHCORPORATIOH OF PREAMBLE. The recitals set forth in the Preamble of this Agreement are incorporated herein and made a part hereof as if fully set forth in the body of the Agreement. 2. AOREIMBHT HOT A BAR TO DIVORCE PROCIEDIHOS. This Agreement ehall not be coneidered to affect or bar the right of HUSBAND and WIFE to an abeolute divorce on lawful grounde if such grounds now exiet or shall hereafter exist or to such defenee ae may be available to either party. Thie Agreement ie not intended to condone and ehall not be deemed to be condonation on the part of either party hereto of any 2 IIIAN.: G, RAlle...H AnnHNI.\',A').I.A\\' 1m I RI'IIII RIlAn (:AMI' 1111 L 1'04 17ull .I .\ I' I, I i act or acts on the part of the other party which have occasioned the disputes or unhappy differences which have occurred or may occur subsequent to the date hereof. The parties acknowledge that their marriage is irretrievably broken and that they shall secure a mutual consent no-fault divorce pursuant to the terms of Section 3301(c) of the Divorce Code in WIFE'S Cumberland County divorce action docketed to number 94-3776 Civil Term. Concurrently with the signing of this Agreement, the parties shall execute and file all documents and papers, including affidavits of consent, necessary to finalize said divorce. 3. BrrBCT or DIVORCB DBCRBS. 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. t. AGRlBM!NT TO BB IIICORPORATBD IN DIVORCI DICRlB. The parties agree that the terms of this Agreement shall be incorporated into any Divorce Decree which may be entered with respect to them. 3 IlIAN.: c;, RAIlCI.IH A"'ORNF.\'.A,..I.AW It.. '!'RINllI.'. WAil l:AMP 11I\\ . I'A 11011 IlIAN.: G, RAIlCJ.lH A'nORNI:\'.A')'.I.AW !HII TltlNnH IWAIt (:A~t1'III1I, I'A 111111 5. .01-HlRGIR. It is the parties' intent that this Agreement does not merge with the Divorce Decree, but rather ehall continue to have independent contractual significance. Each party maintains his or her contractual remedies as well as court ordered remedies as the result of the aforesaid incorporation or as otherwise provided by law or statute. Those remedies shall include, but not be limited to, damages resulting from breach of this Agreement, specific enforcement of this Agreement and remedies pertaining to failure to comply with an order of court or agreement pertaining to equitable distribution, alimony, alimony pendente lite, counsel fees and costs as set forth in the pennsylvania Divorce Code or other similar statutes now in effect and as amended or hereafter enacted. 6. DATI or BIICUTIOH. 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. 7. DISTRIBUTIOH DATI. The transfer of property, funds and/or documents provided for herein shall only take place on the "distribution date" 4 lIIAN.: C;, RAIICLIH AnllRNH.AT.I.AW U.' '. klNlJIl NO"U (:AMr 11111.. J','; 111111 which shall be defined as the date of execution of this Agreement unless otherwise epecified herein. 8. ADVICB or COUNSBL. The provisions of this Agreement and their legal effect have been fully explained to the parties by their respective counsel, DIANE G. RADCLIFF, ESQUIRE, for WIFE, and MARLIN R. HCCALEB, ESQUIRE, for HUSBAND. The parties acknowledge that they have received independent legal advice from counsel of their selection and that they fully understand the facts and have been fully informed as to their legal rights and obligations and they acknowledge and accept 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 and that execution of thie Agreement ie not the result of any duress or undue influence and that it is not the result of any collusion or improper or illegal agreement or agreements. 9. FINANCIAL DISCLOSURE. The parties confirm that each has relied on the subetanUal accuracy of the financial disclosure of the other, as an inducement to the execution of this Agreement. 5 IlIANt: G, RAIlCI.IH ATTURNf.Y.AT.I.AW 'HHRINIlI.I MnAIl c'Mr 11I1.1.. I'" 17011 10. DISCLOSURB AID WAIVER or PROC.DURAL RIGHTS. Each party understands that he or she has the right to obtain from the other party a complete inventory or list of all of the property that either or both parties own at this time or owned as of the date of separation, and that each party has the right to have all such property valued by means of appraisals or otherwise. Both parties understand that they have the right to have a court hold hearings and make decisions on the matters covered by this Agreement. Both parties understand that a court decieion concerning the parties' respective rights and obligations might be different from the provisions of this Agreement. Each party hereby acknowledges that this Agreement is fair and equitable, that it adequately provides for his or her needs and is in his or her best interests, and that the Agreement is not the result of any fraud, duress, or undue influence exercised by either party upon the other or by any Both parties other person or persons upon either party. hereby waive the following procedural rightsl a. The right to obtain an inventory and appraisement of all marital and non-marital property as defined by the pennsylvania Divorce code. 6 b. The right to obtain an income and expense statement of the other party as provided by the Pennsylvania Divorce Code. c. The right to have property identified and appraised. d. The right to discovery as provided by the pennsylvania Rules of Civil Procedure. e. The right to have the court determine which property is marital and which is non-marital, and equitably distribute between the parties that property which the court determines to be marital, and to eet aside to a party that property which the court determines to be that parties' non-marital property. f. The right to have the court decide any other rights, remedies, privileges, or obligations covered by this Agreement and/or arising out of the marital relationship, including but not limited to possible claims for divorce, child or spousal support, alimony, alimony pendente lite (temporary alimony) , equitable distribution, custody, visitation, and counsel fees, costs and expenses. 7 IlIANF. G. RAJlCI.J1T AnURNI:\'.Al.I.A\\' JUI HlINHU ",cuu l:AMI'1I1l L I'" 171111 11. PERSORAL PROPERTY. HUSBAND and WIFE do hereby acknowledge that they have previously divided their tangible personal property including, but without limitation, jewelry, clothes, furniture, furnishings, rugs, carpets, household equipment and appliances, tools, pictures, books, works of art and other personal property 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 agreee that all of the property in the possession of WIFE shall be the sole and separate property of WIFE. The parties do hereby specifically waive, release, renounce and forever abandon whatever claims, if any, he or she may have with respect to the above items which shall become the sole and separate property of the other. 12. AFTER-ACQUIRED PROPERTY. Each of the parties shall hereafter own and enjoy, independently of any claim or right of the other, all property, tangible or intangible, real, personal or mixed, acquired by him or her, with or without non-marital assets, since April 10, 1993, the date of the parties' separation, with full power in him or her to dispose of the same as fully 8 DIANE G, RAIICUH Al"URNt:Y.AT.I.A IV SUII TRINIIU IUlAII "AMP 11I11, PA 11011 I ,. IIIANt: G. RAIICJ.JtT An'lIRNI:V.AT.I.AW SUR '1RINIlU, kUAIl /:AMP 111I'" P' 11011 " 'I and effectively, in all respects and for all purposes, as though he or she were unmarried and each party hereby waives, releases, renounces and forever abandons any right, title, interest and claim in and to said after acquired property of the other party pursuant to the terms of this paragraph. 13. DIVISIOR or VEHICLBS. The parties ere the joint owners of a 1987 GHC Van which is subject and encumbered by a purchase price debt owed to Hembers First F.C.U. having an approximate balance of $7,000.00 and requiring bi-weekly payments of $108.00. With respect to this vehicle and debt the parties agree as follows: (a) The 1987 GMC Van shall be HUSBAND'S sole and separate property. Within ten (10) days of the signing of this Agreement the parties shall execute all necessary documents to effectuate the transfer of title to this vehicle into HUSBAND'S sole name. The foregoing notwithstanding, HUSBAND may elect to have the title traneferred into the name of his grandmother, Edna Hammontree, instead of himself, which election shall be complied with by WIFE provided that the said Edna Hammontrell provides WIFE with a written, signed agreement 9 wherein she personally agrees to be bound by the provisions of subparagraphs (b) and (c) below. (b) HUSBAND agrees to be responsible and liable for the timely repayment of the Members First purchase price debt aforesaid, to make all timely payments required thereunder and to indemnify, protect and save WIFE harmless from any and all liability arising out of said debt, including but not limited to sums due under said debt and attorneys fees and costs incurred by wife in enforcing this indemnification. HUSBAND'S obligations under this indemnification shall remain in effect even if HUSBAND elects to transfer the vehicle to his grandmother, Edna Hammontree. (c) HUSBAND agrees that so long as any outstanding sums are owed under the Hembers First debt that he will have the vehicle insured at all times, which insurance shall include both liability and collision insurance on the vehicle. HUSBAND'S obligations under this subparagraph shall remain in effect even if HUSBAND elects to transfer title to the vehicle to his grandmother, Edna Hammontree. 10 IIIAN.: c;, RAIICl.ln' ArWRNI:\'.H.I.AW 'HI'I RINIII.I RflAII CAMI'IIII L I'A 171111 16. IACH PART I RBTAINS on PINS ION PLUS. Each of the parties does specifically waive, releaee, ronounce and forever abandon all of his or her right, title, interest or claim, whatever it may be, in any Pension Plan, Retirement Plan, Profit sharing Plan, 401-K Plan, Keogh Plan, Stock Plan, Tax Deferred Savings Plan and/or any employee benefit plan of the other party, whether acquired through said party's employment or otherwise, and hereafter said Pension Plan, Retirement Plan, Savings Plan, Tax Deferred Savings Plan and/or any employee benefit plan shall become the sole and separste property of the party in whose name or through whose employment said plan is carried. 15. DIVISION OF BANK ACCOUNTS/STOCK/LIFI I.SU~CI. The parties acknowledge and agree that they have previously divided to their mutual satisfaction all of their bank accounts, certificates of deposit, IRA accounts, bonds, shares of stock, investment plans and life insurance cash value and hereafter WIFE agrees that all said bank accounts, certif icates of depos it, IRA accounts, bonds, shares of stock, investment plans and life insurance cash value in the possession of HUSBAND shall become the sole and eeparate property of HUSBAND/ and HUSBAND agrees that all the said 11 IlIANI': (;, RAIICUH ArmRNI\'.AT.I.AW 1,,11 ~INIIII ~ClAII I:AMI11I1I1.f'A. 17ull bank accounts, certificates of deposit, IRA accounts, bonds, shares of stock, investment plans and life insurance cash value in the posseesion of WIFE shall become the sole and separate property of WIFE. Each of the parties does specifically waive, release, renounce and forever abandon whatever right, title, interest or claim, he or she may have in any bank account, certificates of deposit, IRA accounts, bonds, shares of stock, investment plans and life insurance cash value that is to become the sole and separate property of the other pursuant to the terms hereof. 16. MARITAL DEBTS. The parties acknowledge that they have previously divided the obligations and payments required thereof of any debte and obligations arising during the marriage and in accordance therewith any obligation being paid by a party shall continue to be so paid and said party shall indemnify, protect and save the other party harmless therefrom. A liability not disclosed in this Agreement will be the sole responsibility of the party who has incurred or may hereafter incur it, and each agrees to pay it as the same shall become due, and to indemnify and hold the other party and his or her property harmless from any and all such debts, 12 IlIAN.: c;, RAIICUH An'URNH.AT.I.AW SHI 1,UNIIII RnAII CAMI' 11I11.. IIA 17t111 .1 II obligations and liabilities. From the date of execution of this Agreement, each party shall use only those credit cards and accounts for which that party is individually liable and the parties agree to cooperate in closing any remaining accounts which provide for joint liability. 17. WAIVER or IHBERITAlCE. Each of the parties hereto does specifically waive, release, renounce and forever abandon any right, title, interest and claim, if any, either party may have in and to any inheritance of any kind or nature whatsoever previously or in the future received by the other party. 18. WIrE'S DEBTS. WIFE represents and warrants to HUSBAND that since the parties' marital separation she has not contracted or incurred any debt or liability for which HUSBAND or his estate might be responsible and WIFE further represents and warrants to HUSBAND that she will not contract or incur any debt or liability after the execution of this Agreement, for which HUSBAND or his estate might be responsible. WIFE 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. 13 IlIAN.: C;. RAIICI.IH ATHlRNH.AT.\.AW SUI "I RINIII.I IWAII (:,\MI'IIII.I., IIA 171111 IIIAN.: C;, RAIlCUH ATmRNI:Y.AT.I.A\\' UU"I MINIH.' MOAII CAMr 1111.1., IIA 171111 19. HUBBAlD'S DIBTB. HUSBAND represents and warrants to WIFE that since the parties' marital separation he has not contracted or incurred any debt or liability for which WIFE or her estate might be responsible and HUSBAND further represents and warrants to WIFE that he will not contract or incur any debt or liability after the execution of this Agreement, for which WIFE or her estate might be responsible. HUSBAND shall indemnify and eave WIFE harmless from any and all claims or demands made against her by reason of debts or obligations incurred by him. 20. BAlKRUPTCY. The parties hereby agree that the provisions of this Agreement shall not be dischargeable in bankruptcy and expressly agree to reaffirm any and all obligations contained herein. In the event a party files such bankruptcy and pursuant thereto obtains a discharge of any obligations assumed hereunder, the other party shall have the right to terminate this Agreement in which event the division of the parties' marital assets and all other rights determined by this Agreement shall be subject to court determination the same as if this Agreement had never been entered into. 14 IJIANt G. RAIlCI.IH ArrnRNH.AT.I.A\\' !HllIUNlIU MUAII "AMP 1I111.I'A Ilnll 21. IICONl 'I'D PRIOR RlTURlB. The parties have heretofore filed joint federal and state returns. Both parties agree that in the event any deficiency in federal, state or local income tax is proposed, or any assessment of any such tax is made against either of them, each will indemnify and hold harmless the other from and against any loss or liability for any such tax deficiency or assessment therewith. Such tax, interest, penalty or expense shall be paid solely and entirely by the individual who is finally determined to be the cause of the misrepresentations or failures to disclose the nature and extent of his or her separate income on the aforesaid joint returns. 22. FIIAL EQUITABLB DISTRIBUTION OF PROPIRTI. The parties agree that the division of all property set forth in this Agreement is equitable and in the event an action in divorce is commenced, both parties relinquish the right to divide said property in any manner not consistent with the terms set forth herein. It ie further the intent, understanding and agreement of the parties that this Agreement is a full/ final, complete and equitable property division. 15 IJIANl: C;. RAIlCI.IU' An'IIRNH.AT.I.AW 1m 1 KINIIII KIIAII (:AMP 11111, I'A 17011 r I ~ I i 23. 1fAIVlR or ALIMOlIf, ALIMOlIf pnDIITI LI'.rI, SPOUSAL SUPPOR'.r. KlINTIIAMel AMD COSTS. The parties hereto agree and do hereby waive any right and/or claim they may have, both now and in the future, against the other for alimony, alimony pendente lite, spousal support, maintenance, counsel fees and costs. 26. PIRSOIAL RIGHTS. HUSBAND and WIFE may and shall, at all times hereafter, live eeparate and apart. They shall be free from any control, restraint, interference or authority, direct or indir~ct, by the other in all respects as fully as if they were unmal'ried. They may reside at such place or places as they 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. HUSBAND and WIFE 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 or in any manner whatsoever with him or her. 25. MUTUAL RILEASIS. HUSBAND and WIFE each do hereby mutually remise, release, quitclaim and forever discharge the other and the estate of 16 such other, for all time to corne, and for all purposes whatsoever, from any and all rights, title and 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 whatever nature and wheresoever situate, which he or she 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 acts, contracts, engagements or liabilities of such other or by way of dower or curtsey, or claims in the nature of dower or curtsey or widow's or widower's 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 (a) the Commonwealth of pennsylvania, (b) state, commonwealth of territory of the united States, or (c) any other country, or any rights which either party may have or at any time hereafter have for past, present or future support or maintenance, alimony, alimony pendente lite, counsel fees, equitable distribution, costs or expenses, whether arising as a result of the marital relation 17 IlIAN.: G, I\AII(~J.IH ATlnRNH.H.\.AW !HI nUNIII. ROAn (:""11I1111.1, I'A 17011 or otherwise, except, and only except, all righte and agreements and obligations of whatsoever nature arising or which may arise undor this Agreement or for the breach of any provieion thereof. It is the intention of HUSBAND and WIFE to give to each other by the execution of this Agreement a full, complete and general release with respect to any and all property of any kind or nature, real, personal or mixed, which the other now owns or may hereafter acquire, except and only except all rights and agreements and obligations of whatsoever nature arising or which may arise under this Agreement or for the breach of any provisions thereof. 26. WAIVlR OR MODIFICATION TO BB IN WRITI.G. No modificlltion or waiver of any of the terms hereof shall be valid unless in writing and signed by both parties and no waiver of any breach hereof or default hereunder shall be deemed a waiver of any subsequent default of the same or similar nature. 27. MUTUAL CooPBRATION. Each party shall, at any time and from time to time hereafter, take any and all steps and execute, acknowledge and deliver to the other party, any and all further instruments and/or document that the other party may reasonably require 18 IJIANt G, RAJlCJ.lH A'nllRNI:\'.AT.I.AW IU8lRINIIU.IUJ..\U (:,\Mr 11I1,1., 11,\ nUll for the purpose of giving full force and effect to the provisions of this Agreement 28. AORBEMBHT BIHDIHO OH UIIRS. This Agreement shall be binding and shall inure to the benefit of the parties hereto and their respective heirs, executors, administrators, successors and assigne. 2P. IHTEORATIOH. This Agreement constitutes the entire understanding of the parties and supersedes any and all prior agreements and negotiations between them. There are no representations or warranties other than those expressly set forth herein. 30. OTHER DOCUMlHTATIOH. WIFE and HUSBAND covenant and agree that they will forthwith (and within at least twenty (20) days after demand therefor), execute any and all written instruments, assignments, releases, satisfactions, deeds, notes, etock certificates, or such other writings as may be necessary or desirable for the proper effectuation of this Agreement, and as their respective counsel shall mutually agree should be so executed in order to carry out fully and effectively the terms of this Agreement. 19 IIIANE C;, RAIlCI.IH ATroRNf,\'.i\T.LAW SUII TRINHU: MO~II CAMr 1I111,1'A 11011 31. .0 WAIVlR or 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 party to insist upon strict performance of any of the provisions of this Agreement shall in no way affect the right of such party hereafter to enforce the same, nor shall the waiver of any subeequent default of the same or similar nature, nor shall it be construed as a waiver of strict performance of any other obligations herein. 32 . BRIACR. If for any reason either HUSBAND or WIFE fails to perform his or her obligations hereunder owed to or for the benefit of the other party and/or otherwise breaches the terme of this Agreement, then the other party shall have the following rights and remedies, all of which shall be deemed to be cumulative and not in the alternative, unless said cumulative effect would have an inconsistent result or would result in a windfall to the other party: (a) the right to specific performance of the terms of this Agreement, in which event the non-breaching party shall be reimbursed for all reasonable attorney's fees 20 IIIANt: (;, RAIICI.IH Arrn~NI.\'.n.I.AW SUII"IMINUU 'WAH f:AMP 11111, 1',0\ 171111 and coste incurred as the result of said breach and in bringing the action for specific performance. (b) the right to damages arising out of breach of the terms of this Agreement, which damages shall include reimbursement of all attorney's fees and coets incurred as the result of the breach and in bringing the damage action. (c) the right to all remedies set forth in Section 3502(e) of the Pennsylvania Divorce Code, 23 Pa. C.S.A. 3502(e), an any additional rights and remedies that may hereafter be enacted by virtue of the amendment of said Section or replacement thereof by any other similar laws, which remedies shall include, but not be limited to: (1) the entry of judgment; (2) the authorization of the taking and seizure of goods and chattels and collection of rents and profits of real and personal and tangible and intangible property; (3) the award of interest on any unpaid installment; 21 IJIANE G, RADcun Al"ORNF.V.A'!'.I.AW ~UB TRINIIU. lUAU CA~II' 11I1.1., rA 17011 JlJANE G. RAJlCI.IH ATTORNf.y.A'!'.I.AW ,"! 'IMINIII.I MIIAII CAMP 1111.1. PA 11011 (4) the transfer and sale of any property required to obtain compliance with the obligations undertaken by this Agreement; (5) the posting of security to insure future payments to assure compliance with the obligations undertaken by this Agreement; (6) the issuance of attachment proceedings and the holding of the Defendant to be in contempt and the making of appropriate order therefor including, but not limited to, commitment of the breaching party to county jail for a period not to exceed six (6) months; (7) the award of counsel fees and costs; (8) the attachment of the breaching party's wages. (d) Any other remediee provided for in law or in equity. 33. SEVERABILITY, 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 22 in all other reepects this Agreement shall be valid and continue in full force/ effect and operation. Likewise, the failure of any party to meet his or her obligations under any one or more of the paragraphs herein, with the exception of the satisfaction of the conditions precedent, shall in no way avoid or alter the remaining obligations of the parties. 3.. LAW or PENNSJLVAHIA APPLICABLE. This Agreement shall be construed in accordance with the laws of the Commonwealth of Pennsylvania. 35. BEADINGS NOT PART or AGREEMENT. Any headings preceding the text of the eeveral paragraphs and subparagraphs hereof, are inserted solely for convenience of reference and shall not constitute a part of this Agreement nor shall they affect its meaning, construction or effect. BY SIGNING THIS AGREEMENT, EACH PARTY ACKNOWLEDGES HAVING READ AND UNDERSTOOD THE ENTIRE AGREEHENT, AND EACH PARTY ACKNOWLEDGES THAT THE PROVISIONS OF THIS AGREEMENT SHALL BE AS BINDING UPON THE PARTIES AS IF THEY WERE ORDERED BY THE COURT AFTER A FULL HEARING. 23 IlJANE G. RAJlCl.Iff ArI'()RNI:\'.AT.I.AW 54411 TMINIII.l RClAII CAMP 11I1.1., PA 17(111 II WITIISS WHIREOF, the parties hereto have set their hands and eeals the day and year first above written. WITNESS: (SEAL) (SEAL) 24 DIANE G, RADCLIFF AlTORNF.Y.AT.I.AW lliI TRIN\lU. ROA\I l:AIIP 1111.1., PA \lOll i \ I \ I I I I I i \ I I ! , IIIANt: Ii. "Ane!....... A'!TOIlNf\,.AT.J.AW "481 "INlllt "ClAII t:AMP 11111., 11.0\ 111111 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND SS. "/SI M On this the. ') - day of I lt1t , 1995, before me the underBigned officer, per na~ appeared, KIMBERLY S. UMSTEAD, known to me (or BatiBfactorily proven) to be the perBon whoBe name is Bubscribed to the within Agreement, and acknowledged that Bhe executed the Bame for the purposeB therein contained. IN WITNESS WHEREOF, I hRreunto Bet my hand and notarial Beal. NOTARIAL SEAL ROliN Z. CAMP8ElL, Notarv PubliC ump Hili Boro. cumberland county comm" I j..p.j1el July! 1999 QAi 'J~-uea/}!. JL /J fl NOT PUB C f-~ COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND SS. On thiB the tf,#.- day of C~,jw , 1995, before me the undersigned officer, per~nally appeared, TODD M. UMSTEAD, known to me (or BatiBfactorily proven) to be the perBon whose name iB BubBcribed to the within Agreement, and acknowledged that he executed the Bame for the purpOBeb therein contained. IN WITNESS WHEREOF, I have hereunto set my hand and notarial Beal. '~ ) I1w~ t!-ttt'!t.,t NOTARY PUBLIC N(ll:lIiCI: :JI~,11 1.t1l11'111. I!';I~ l'ul) f'.:'.'tnrv Public II.} :i~lr,'"h;I'l P':I'), Ctll(!v.rfilllll County L,' (.',P.n\hi!.'l:.d L .tJ11If:'1. [inc. 14. 1090 1i i; ,;;:;-rl;'1~1~;yi;,i~li:;;\::1)11t.I:Un of Notal88 25 v. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO, 94-3776 CIVIL TERM CIVIL ACTION - LAW IN DIVORCE KIMBERLY S, UMSTEAD, PLAINTIFF TODD M, UMSTEAD, DEFENDANT 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 (0) of the Divorce Code, 2. Date and manner of service of the complaint: CERTIFIED MAIL/RESTRICTED DELIVERY ON JULY 16,1994. 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 the Plaintiff: 1/9/95; by the Defendant: 9/26/95, (b)(1) Date of execution of the Defendant's affidavit required by Section 3301 (d) of the Divorce Code: N/A, (2) Date of service of the Plaintiff's affidavit upon the Defendant: N/A 4. Related claims pending: ALL ISSUES RESOLVED BY THE PARTIES' MARRIAGE SETTLEMENT AGREEMENT DATED AUGUST 31,1995, 6, Date and manner of service of Notice of Intention to Request Entry of Divorce Decree, a copy of which Is attached: N/A, , .----.-...,,-... ~ \.... (' \ ;, '-,.y' '--, ., --'. .....--' DIANe.a, AD ::IFF,-ESaUIRE ~448 Trl1)li e Road CBmp""HIII, PA 17011 (717) 737-0100 1.0. No. 32112 Attorney for Plaintiff .~ \ ~ " '1"\ 'J ' .. .~ d \l" '.l ~ ... I! \r ..., '0 ""l ~....... -,J ..... '.... - ~ 1> ., f" -.. -~. ~Il bo ) , I ~" (j ~ ,. ." ~~ I J ... !l~ ~t~ ci iF'm ~~I! , ' . ' -.. ,j ,~. -101 ~.~ <.J '"" '1 ! JIIANI: ll, IIAIICUH AT IlIKNIl'.A'I.I.AW 5WllltlNIIIIIUlAn LUll' 11111,1'..\ 171111 KIMBERLY S. UHSTEAD, I IN THE COURT OF COMMON PLEAS OF PLAINTIFF I CUMBERLAND COUNTY, PENNSYLVANIA I vs. I NO. 94- "I'n CIVIL TERM I TODD M. UMSTEAD, : CIVIL ACTION - LAW DEFENDANT I IN DIVORCE MOTICK 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 fail 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 cUDtody or visitation of your children. When the ground for 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 Courthouse, Carlisle, Pennsylvania. IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY, COUNSEL FEES OR EXPENSES BEFORE THE FINAL DECREE OF DIVORCE OR ANNULHENT IS GRANTED, YOU MAY LOSE THE RIGHT TO CLAIH ANY OF THEH. YOU SHOULD TAKE TillS 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 ADHINISTRATOR CUMBERLAND COUNTY COURTHOUSE 1 COURTHOUSE SQUARE, 4TH FLOOR CARLISLE, PA 17013 (717) 240-6200 1 KIMBERLY s. UMSTEAD, I IN THE COURT OF COMMON PLEAS OF PLAINTIFF I CUMBERLAND COUNTY, PENNSYLVANIA I vs. I NO. 94- j'/ II, CIVIL TERM TODD M. UMSTEAD, CIVIL ACTION - LAW DEFENDANT IN DIVORCE COMPLAINT ,l- AND NOW, this ~ day of , , I ( ~ c....4_.~ -04.."1-' 19 '} t r , comes . the Plaintiff, Kimberly S. Umstead, by her attorney, DIANE G. RADCLIFF, ESQUIRE, and files this Complaint in Divorce of which the following is a statement: COUNT II DIVORCE 1. The Plaintiff, KIMBERLY S. UHSTEAD, is an adult individual residing at 541 Good Hope Road, Mechanicsburg, Cumberland County, Pennsylvania, since September 1993. 2. The Defendant, TODD M. UMSTEAD, is an adult individual residing at 4173 Grouse Court, Apt. 115, Hechanicsburg, Cumberland County, Pennsylvania, since April 1993. IJIAN.: Co, ItAIlCUH ATrnRNf.\'.AT.I.AII' !U11 TRINIH. MHAIl CAMI'III1I, I'A 171111 3. Plaintiff and/or Defendant have been bona fide residents of the Commonwealth for at least six (6) months previous to the filing of this Complaint. 4. Plaintiff and Defendant were married on October 5, 1990 at Mechanicsburg, Pennsylvania 5. There have been no prior actions of divorce or annulment between the parties. 2 6, Plaintiff has been advised of tho availability of counseling and the right to request that the Court require the parties to participate in counseling. 7. The Defendant ie not a member of the Armed Services of the united States or any of its Allies. 8. The Plaintiff avers that the grounds on which the action ie based are: (a) That the marriage is irretrievably broken. Or in the alternative, (b) That the parties are now living separate and apart, and at the appropriate time, plaintiff will eubmit an Affidavit alleging that the parties have lived separate and apart for at least two (2) years and that the marriage is irretrievably broken. WHEREFORE, Plaintiff requests this Honorable Court to enter a decree in divorce, divorcing the Plaintiff and Defendant. Respectfully submitted, UIRE JIIAN.: c;, RAIlCI.IFt. A'ITIIRNI:\'.AT.I.AW !HM .IRINUU ttnAU !:.MP 11111.,1" 17011 3 VlRXPXCATXOK KIMBEnLY S. UMSTEAD verifies that the statements made in this Complaint are true and correct. KIMBERLY 5. UMSTEAD understands that false statements herein are made subject to the penaltiee of 18 Pa. c.S. Section 4904, relating to unsworn falsification to authorities. ~~~ K BERLY 5. UMSTEAD . DIANE G, RADCLIFF Al1'l1RNEV.AT.I.AW ,... TRINIII.I: RIIAII CAMP 1111.1., PA 11011 In fpl ~ .1 ~-:~j 'J 1') \;.J '...... ~~l~ ! ~ ~ ~J!I VS. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 94-3776 CIVIL TERM CIVIL ACTION - LAW IN DIVORCE KIMBEFLY ~. UMSTEAD, PLAINTIFF TODD M. UMSTEAD, DEFENDANT AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed on 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety (90) days have elapsed from the date of filing the Complaint. 3. I consent to the entry of a final Decree in Divorce. 4. I understand that if a claim for alimony, alimony pendente lite, marital property or counsel fees or expenses has not bee filed with the Court before the entry of a final Decree in Divorce, the right to claim any of them will be lost. I verify that the statements made in this Affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. Datedl \-C\."~ ~~.I'U..~~ DIANE G. RADCLIFF ATTORNEY.AT.LAW SUI TRINDI.[ ROAD CAMP 111I.1., PA 17011 v, : IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO, 94-3776 CIVIL TERM CIVIL ACTION - LAW IN DIVORCE KIMBERLY S, UMSTEAD, PLAINTIFF TODD M. UMSTEAD, DEFENDANT 1. A Complaint In Divorce under Section 3301(c) of the Divorce Code was flied on July 12, 1994, 2, The marriage of Plaintiff and Defendant Is Irretrievably broken and ninety (90) days have elapsed from the date of filing the Complaint. 3. I consent to the entry of a final Decree In Divorce, 4. I understand that II a claim for alimony, alimony pendente lite, marital property or counsel fees or expenses has not been flied with the Court before the entry of a final Decree In Divorce, the right to claim any of them will be lost. I verify that the statements made In this Allldavlt are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa, C.S. Section 4904 relating to unswom falslllcatlon to authorities. Dated: 9,2(, ,9:S:. ~ TODD M, UM DIANE G. RADCLiff ATTORNEV.AT.UW 1H1l'RINIlI.E ROAIl CAMP 11I1.1., PA 17011 ~~J~ !<i~ ci~~g ~~!J vs. IN 'rilE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 94-3776 CIVIL TERM KIHBERLY S. UMSTEAD, PLAINTIFlr TODD M. UMSTEAD, DEFENDANT CIVIL AC'rION .. LAW IN DIVORCE ~Tll~~AfE OF SERVICE I hereby certify that a true and correct copy of the Complaint in Divorce has been served upon the Defendant, TOAD H. UMSTEAD, by Certifiod Mail, Restricted Delivery on the 18th day of July, 1994. The return receipt is attached hereto as Exhibit "A" and made a pnrt hereof. Respectfully submitted, IlIANl: G, RAIICI.IH A'ITORNI:r.AT.!.AW SHill ItINnI.1- IUlAII I:.\MI' 1111.1., IIA 11011 , ' P 33D 7D7 ?85 Receipt for Certified Mail Nlllll!'1lJlilllll't II \l1/1",I!!I' PH),,,I,'I '-l\llll'_ 1_ - ,t IS' II l.t' l,r 1llll'Ill,llllllldl MlIll . ,1!tI l'lilJ'''IJI -C J){ELD1]lJlz~A , fJ24-G.lUJLCLJ 'I r !~f(}J. fiLL 05Y. $ ~ ~. - ..,:t"J'::~\ ,"', "" ,. . "," ,., , '. 'i' ,I" ~ '.' ",o'i' en en ,\1 ~ ;"'. ~ ~ "...," /",.,' " " ':''', " i!'-, -, , "'1' e '.' 0 I 7//~/9Y II) PI f , 0 ... $ 5: ();2- .,_","c_r...""""'-. ". t . CDfllpltllll.m. I .net'D' aiD' addi'IDn.I oar.I'''. I 11'0 wl.h to r.e.lv. lhl i . Complalllllm. 3, anet .a . b. fallowing ..tvlell lfar .n 'KU' . Print you, n.me ,nd ,ddllll on th. flV'''' at thlt 10"" 10 thai WI tin tee': "turn IhI. tlld 10 you. . Altach ,hi. 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