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HomeMy WebLinkAbout94-04748 /, I )1 Lt . ~ I' 7- Lt " , \ ) / // ~ j c,o -:t- c- ::r- .' ~ . , , MATRIMONIAL SETTLEMENT AGREEMENT THIS AGREEMENT, made this F!!!.. day ot mA y 1995, between DOIlIIA L. I'RY, hereinatter called "Wite" and D.llllIa N. I'RY, hereinatter called "Husband". WITNESSETH: The parties hereto, being Husband and Wite were lawtully married on September 9, 1989 in Perry County, Pennsylvania, There were no children born ot the parties, Difterences have arisen between Husband and wite in consequence ot which they have begun to live separate and apart trom each other, Husband and wite desire to settle and determine tinally and tor all time, their mutual property rights. NOW THEREFORE, in consideration ot the mutual promises, covenants and undertakings herein contained, the parties each intending to be legally bound, agree as follows: 1. SEPARATION Husband and Wife shall at all times hereafter have the right to live separate and apart from each other and to reside trom time to time at such place or places as they shall respectively deem tit, tree trom any control, restraint, or interterences whatsoever by the other. Neither party shall molest the other or endeavor to compel the other to cohabit or dwell with him or her by any legal or other proceedings. The toregoing provision shall 1 , . not be taken to be an admis.ion on the part of either Hu.band or Wife of the lawfulness or unlawfuln.ss of the causes 1.adin9 to their livinq apart. 2. DATE OF EXECUTION The "date of execution" or "execution date" of this Aqreement 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 Aqreement shall be defined as the date of execution by the party last executing this Aqreement. 3. REAL PROPERT~ Husband agrees to transfer to Wife simultaneously with thl siqning of this Agreement, all of his interest in and title to their jointly owned real estate located at 313 Walnut Street, Newport, Perry County, Pennsylvania. wife aqrees to a.sume full liability and take the necessary steps to remove Husband's naml from the mortqage obliqation held by the First National Bank of Newport in the approximate amount of $47,000.00 and aleo fro. the obliqation held by the Estate of Virginia Wolf. Wife shall thereafter be solely responsible for the payment of all future mortqaqe payments, loan payments to the Estate of virqinia Wolf, taxes, insurance and utility bills relative to said real estate. Wife agrees to pay and discharge the existinq mortqaq. and loan obligation on said premises in accordance with their teras, and aqrees to indemnify Husband from any loss by reason of her , . detault in the payment thereot and agree. to .ave Hu.band harmless trom any tuture liability with regard thereto. In the event that wite is unable to remove Husband'. nama trom the above obligation., she agrees to mak~ an attempt to retinance in order to pay the obligations. In exchange tor Husband transterring his interest in said property, wite agrees to pay to Husband, upon the execution ot this Agreement, the sum ot $3,750.00 in tull satistaction of his equitable share of the marital estate. Husband agrees to vacate the marital residence upon the payment to Husband of the $3,750.00 or by May 7, 1995, whichever occurs first. Husband agrees that when he vacates the premise. he shall contact all utilities, request a tinal billing statement tor which charges he shall be responsible and shall, at that time, transfer the utilities to the name of wife who shall thereatter be responsible for the payment of said utilitie.. 4. ~ONAL PROP~ The parties hereto mutually agree that they have divided the furniture, household furnishings, appliances and other household personal property between them to their mutual sat is taction and that each party shall from and after the date thereot be the sole and separate owner ot all tangible personal property present in his or her possession. 5. AUTOMOBILES with respect to the motor vehicles owned by one or both ot 3 . . the parties, they agree as follows: (a) The 1988 Mazda Wagon shall b.come the sol. and .xclu.iv. property of Wife free and clear of any liens or encumbranc... (b) The 1990 Mazda MX6 shall become the .01. and .xclu.iv. property of Husband free and clear of any li.ns or .ncumbranc... (c) The parties agree that th.y will .x.cut. any n.c....~ documents to effectuate the transfer of the automobil.., if n.cessary. 6. J:l~ Husband shall assume full and complete responsibility for the following charge card debt which is sol.ly in his nam., .nd shall save, hold harmless and indemnlfy Wife from .11 future charges and liability with respect to said account. a. Visa Account No. closed with. balance of approximately $ 0.00 . , Wife shall assume full and complete responsibility for the following charge card debt which is solely in h.r nam., .nd shall aave, hold harmless and indemnify Husband from all futura charvaa and liability with respect to said account. a. MasterCard Account No. 5432353100919554 with a balanc. of approximately $4,000.00; 7. RETIREMENT ACCQUN'r Th. parties agree that Wife's pension/retlrement account with the Commonwealth of Pennsylvania ahall become the sol. and 4 exclusive property of Wife and Husband waives any claims he may have for the funds in said account. The parties aqree that Husband's pension/retirement account with the Commonwealth of Pennsylvania shall become the 80le and exclusive property of Husband and Wife waives any claims she may have for the funds in said account. 8. SAVINGS BONDS The parties aqree that the savinqs bonds held by Wife in h$r sole name shall become the sole and exclusive property of Wife and Husband waives any claims he may have for the savings bonds. 9. OTHER ASSETS OF PARTIES The parties aqree that any and all monies held in any credit union or bank account at the time of separation shall become the sole and exclusive property of the respective titled owner and both parties waive any claims they may have for the funds in said respective accounts. 10. LEGAL FEES Both parties shall be responsible for the payment of the tees owed to their own attorney and Husband and Wite do hereby waive, release and qive up any rights which they may respectively have aqainst the other for payment ot counsel tees. 5 11. OTHER WRITINGS Each of the parties hereto agree to execute any and .11 docum.nt., d..ds, bills of sale or other writing. n.c....ry to carry out the intent of this Agreement. 12. FURTHER DEBT Wife .hall not contract or incur any debt or liability for ! I which Husband or his property or estate might be responsible and .hall indemnify and save harmless Husband from any and all claim. or demands made against Husband by reason of debts or obligation. incurred by Wife. 13. FURTHER DEBT Husband shall not contract or incur any debt or li.bility for which Wife or her property or estate might be responsible .nd .hall indemnify and save harmless Wife from any and all claim. or demands made against Wife by reason of debts or obligations incurred by Husband. 14. MUTUAL REI,EASE Except as otherwise provided herein and so long a. this Agreement is not canceled by subsequent agreement, the partie. hereby release and discharge absolutely and forever each other from any and all rights, claims and demands, past, pre.ent and future epecifically from the following: spousal support from the other, alimony, alimony pendente lite, division of property, 6 claims or rights of dower and right to live in the marital ho.e, right to act as executor or administrator in the other'. estate, rights aa devisee or legatee in the Last Will and Teatament of the other, any claim or right as beneficiary in any life insuranae policy of the other, any claim or right in the distributive share or intestate share of the other parties' e.tate. 15. ENTRY AS PART OF DECREE It is the intention of the parties that this Agreement is .predicated on the divorce of the parties. Each party shall execute an affidavit of consent simultaneously with the executi9n of this Agreement. This Agreement shall survive any action for divorce which may be instituted or prosecuted by either party and no order, judgment or decree of divorce (temporary, interlocutory, final or permanent) shall affect or modify the financial terms of this Agreement. 16. ENTIRE AGREEMENT This Agreement constitutes the entire understanding between the parties, and there are no covenants, conditions, representations or agreements, oral or written, of any nature whatsoever, other than those herein contained. 17. LEGALLY BINDING It i. the intent of the parties hereto to be legally bound 7 , .' hereby and this Agreement shall bind the parties hereto and their respective heirs, executors, administrators and assigns. lB. FULL DISCLOSURE Each party asserts that she or her has made a tull and complete disclosure ot all the real and personal property of whatsoever nature and wheresoever located belonging in any way to each of them, ot all debts and encumbrances incurred in any manner whatsoever by each ot them, of all sources and amounts of income received or receivable by each party, and ot ever other tact relating in any way to the subject matter of this Agreement. These disclosures are part ot the consideration made by each party for entering into this Agreement. 19. COSTS TO ENFORCE In the event that either party defaults in the performance of any duties or obligations required by the terms of this Agreement and either extra-judicial and/or judicial proceedings are commenced to enforce such duty or obligations, the party found to be in defa',:lt shall be liable for all lJXpenSAs, including reasonable attorneys fees, incurred as a result of such proceedings. 20. AGREEMENT VOLUNTARILY AND CLEARLY UNDERSTOOD Each party to this Agreement acknowledges and declares that 8 he or she respectively: (1) Is fully and completely informed as to the facts relating to the subject matter and their Agreement as the rights and liabilities of both partiesl (2) Enters into this Agreement voluntarily after receiving the advice of independent counsell (3) Has given careful and mature thought to the making of this Agreementl (4) Has carefully read each provision of this Agreemen~1 (5) Fully and completely understands each provision of this Agreement, both as to the subject matter and legal affect. 21. AMENDMENT OR MODIFICATION This Agreement may be amended or modified only by a written instrument signed by both parties. 22. LAW APPLICABLE This Agreement shall be governed, construed and enforced under the statute and case law of the Commonwealth of Pennsylvania. 9 '\A e lit N en ,. "'~ ..o(,1'! u,t,; .;.~ Uz'.'..r ~~Ju.t 1,-, rr,. I i.~ ~.~ x,. ;J>- ~~ 'J I , , 1'. ,I~ .- J Il" .11.1111.1 ~J_. ,I a... '" ~.., ,;, ~ ~!~ ~ is '" ~ ~ :: : ~~~: ~J;:: -- c-:oo c-.. ~'- l"Uu.o) S.aJATlLlI, SCHlm.AN It IlAO'lrN. "C. 5Urlll06 loto '-''lI!_'" II'",..,. ....W) "-",.'AI7I1G-f4lI' .--. / ~ ...-...----- - -...---....- ._.~,._..- ... DODA L. ray, Plaintiff I IN THE COURT OF COMMON PLEAS 0' I CUMBERLAND COUNTY, PENNSYLVANIA I I .0. 'C-C7CI CIVIL TIRN I I CIVIL ACTION - LAW I IN DIVORCE v Dial' II. ray, Defendant IRa.ell. TO ~RAM8MJ~ ..OORD TO THB PROTHONOTARY I Transmit the recQrd, together with the following information, to the Court for entry of a Divorce Deoreel 1. Ground for divorcel 3301(c) of the Divorce Cod.. 2. Date and manner of service of the complaint I Certified mail. restricted delivery on Auaust 25. 1994. 3. Date of execution ot the affidavit of consent required by Section 3301(c) of the Divorce Code: by Plaintiff 05-08-95, by Defendant 05-23-95 . 4. Related claims pending: None. Dated: ur7-qs- ,_;.. ~d.W, Lor . Serrate , Esqu r. 81 ILLI, 8CBlrrllAB AJID BR01flf, P. C. 2040 Linglestown Road Suite 106 Harrisburg, PA 17110-9483 (717) 540-9170 Attorney for Plaintiff "'/ , ;J; . E 0.0 :z ~ ,. r-. ., . I . l~'" ,-I I'.:.~ "" ~. ., '....... .. j,-""\ . " ....., ....., !!J - , " 1'1j 1 ;',." ~ . ,., 'f"'l Lr, \ . "10 ~-.:::t- ., ~ ~~ - , CJ~ '-- I..",,, ~ lr, ~ ......... StMH..\ IH II. Sf 'I 11""'1 \~ & Ultll\ll.N, 1'.( . ",'" I' ."1001111'" 'oJ' I.,."" 11,,,,,,,,,,,,, 1'1111""'11"< ~ - ',- ~ ..{ -- \'to- ~ ~ '::001. .:::::r- ......... N'"'l ~ I'\) ~-t.. ..... \ f"- Cj~ '> \.r:> "--.J ~ ~ ~ .. 0 1- .... '" ~ ~ ~ E ! ~ ~ ~ ~ ~, ~ jl t:: ~ J ~ ., DONNA L. rRY, I IN THE COURT or COMMON PLEAS or Plaint! f I CUM8ERLAN; COUNTY, PENNSYLVANIA I NO. 14-- 7" f (I A.,I.-I.-l ,j ~ V. I I CIVIL ACTION - LAW DENNIS M. FRY, I Defenda I IN DIVORCE 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 80, the cas. 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, Cumberland County Courthouse, 1 Courthouse square, CarliSle, Pennsylvania. IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY, LAWYER'S FEES OR EXPENSES BEFORE A 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, 4TH FLOOR CUMBERLAND COUNTY COURTHOUSE 1 COURTHOUSE SQUARE CARLISLE, PENNSYLVANIA 17013 TELEPHONE: 240-6200 V. I IN THE COURT OF COMMON PLEAS OP I CUMBERLAND COUNTY, PENNSYLVANIA I I NO. I CIVIL ACTION - LAW I IN DIVORCE DONNA L. PRY, PlainUtt DENNIS M. PRY, Detendant COMPLAINT IN DIVORCE UNDER SECTION 3301(CI OR 3301(DI OF THE DIVORCE CODE AND NOW COMES the above named Plaintitt by Lori ~. Serratelli and the law firm ot SERRATELLI, SCHIFFMAN , BROWN and seeks to obtain a Decree in Divorce trom the above named Detendant, upon the grounds hereinatter more tully set torth: COUNT I 1. Plaintitt is Donna L. Fry, who currently resides at 313 Walnut street, Newport, Perry County, Pennsylvania 17074 since March, 1994. 2. Detendant is Dennis M. Fry, who currently resides at 333 Pitt Street, Enola, Cumberland County, Pennsylvania 17025 since July 23, 1994. 3. Plaintitt has been a bona tide resident in the Commonwealth tor at least six months immediately previous to the tiling ot this Complaint. 4. The Plaintiff and Derendant were married on September 9, 1989 in Perry County, Pennsylvania. 5. The plaintiff ha. been adviaed of the availability of coun.eling and that she may have the right to reque.t that the Court require the partie. to participate in coun.eling. 6. There have been no prior actions of divorce or for annulment between the partie.. 7. The marriage is irretrievably broken. B. The Defendant i. not a member of the Armed service. of the United states or any of its allie.. 9. Th. Plaintiff and Defendant are both citizen. of the United states. WHEREFORE, the Plaintift prays your Honorable Court to enter a Decree in Divorce from the bond. of matrimony. COUNT II 18. Paragraph. one through nine are incorporated by reterence her.in. 19. Plaintitt .tates that the Plaintiff and Defendant pos.... various items of both r.al and personal marital property which i. SUbject to equitable distribution by the Court. WHEREFORE, Plaintiff requests that this Court: (a) Equitably distribute all property, personal and real own.d by the parties; ~ r .. .. - r' ,.' f: .- .. ~I '- 1 '0 ,1'"" ~ '.. .., d. , '",::.' ., ..--, N '!"Il' I. , r, ;., ,. ..,.. ,. , - , .J lb , , Vl . ' . I . ~ ,,!! '. !' , SFttRAnlJ I, SUIIHMI\N & HROWN, IJ,t:. ~l "" Hfh .'11'111 !'ft,. 1, ~'I(".\I. 11'1"11'111 I"" !", 1'1111')1111 , , .~, . . " . '" J " 0 "1- ... e ~ ~ ;:: .. 0 ~ "" 5 j i '" "'. ... * ... N :z: , DonA L. J'BY, I IN THE COURT OF COMMON PLEAS or plaintiff I CUMBERLAND COUNTY, PENNSYLVANIA I v I NO. '.-.7.' CIVIL 'Bax DlnI. JI. J'BY, CIVIL ACTION - LAW Defendant IN DIVORCE AFFIDAVIT OF SERVICE I, Lori K. serratelli, being duly sworn accordinq to law, depose and say that the Complaint in Divorce under section 3301(c) or 3301(d) of the Divorce Code was served upon the Defendant by depositing it in the United states mail, restricted delivery, addressed as follows: Dennis M. Fry 333 pitt street Enola, PA 170~5 The Return Receipt card was signed on August 25, 199. (See Attached) /: re 17110-9483 Sworn and Subscribed to before me this ~ day of I': ,t/',', 1.1 , 1994. , NO~A~t ~UBL~C' . , " I 1,- I My Commission Expires: NotaOO Senl Dobra A. EV3I'ql!Ii6lI, NOti1iY Public Sosqunhanna -rwp.. OAuptHfl CWnty Mol Comml..,," E,pire6 May 7 19'JIl " f' n.1 l' ~ 4 114 "j ~c ~~~~J~~~~' ~~!,I,,~~~)~~e~ ..-Ii l)t) nm use '0)" InttHndlllJlllll Mild ,:::rrL",r:zn (SOt! n(:!vtl/';Il' ~---_._---"._._------ ~ AJ. Np ~-J_.,_..__ _. '~!""'l ^ r." ' ----'--- 3'33 ,o.bf ,;-. I'll ',il,(I..... /11"'~;;:--__h_________"4__'_'~ h.~,. p" /7~~'; 1")11,1'1" ,_~=-=~_~~- '_~~.~'=S~ (.mhlll-,j f"" --.-- -------- /, ,.., :;P'" 'ill (-','II".'I\, 1..1' .-----~- 'l'I!lij~ J~ I 8' .- ~I ~ ) i . .1 II k o~! f IJ..~ ~jJ 1'(1 II -! I - : - I l..ill Ii II . . : ! 11:J to:iZLo.. 01 ,. I i 'I J I J' I I. !IJ~I,1 ~ ~ I ";( ~ II Jl ~.. I 'It \,,-..t i~1 J 1.ls ~~ ~ .h!j Ii, .~ ~ i "JHJh~uJft J : ~ .. ~ I ~ H~!: \~l ~ 01 01 1~"llI7:,-;,~iIM';.~,-;;---- ..- -- '~-,. ---.. .:J.!>-<> ----..-.--,-... -_....---- 11111'1l1111"I:'''pl'''Hhl'II.) ~ I,) II/lion) /l. IJoII" 1)"''''0'.::'_..__ . ,I, 0" ; IhIIIIlPlHur",pl';!lril'>"lrjl<lIfl""" ._-.--_. C 1)11'" 1\ ^,hJlI'~" ,:1 Po-I",,, r , ~ ~::::"":'." ~" 2. '/ $? ~ d '" SERVICE OF DIVORCE COMPLAINT ~!~ ~~6: ln~ lA E lR N - >. r. ~; &a~ t; ~'Ot u.~,JI" I~O. ~ t~;:~I.J .,. ~ ' ; ~.~ In " ,t.-r ,,,~~~15 :. ,,: j\. " i;o -~ -'-.. -- ".".......-". ...~ --' h"O",.u SlIIlATULI, SCHI"MANIi: BIIOWN, P.C, SumlGo lIMO lJNr.:,::' _~"IM H.ANJIIUJil,PA l1ll0.9411 , , _'4""__"'* DOnA L. I'RY, I IN THE COURT OF COMMON PLEAS OP Plaintitt I CUMBERLAND COUNTY, PENNSYLVANIA I v I HO. '.-4748 CIVIL TI.. I DlnI. II. I'RY, I CIVIL ACTION - LAW Defendant I IN DIVORCE PRAICI.. TO WITHDRAW COUKT. TO THE PROTHONOTARY: Plea.e withdraw Counts II of Plaintiff'. Complaint in Divorce. Respectfully submitted, . Serrate , Esqu re 81 ILLI, 8CRII'I'IIAH um BROWN, P.C. 2040 Linqlestown Road suite 106 Harrisburq, PA 17110 (717) 540-9170 Attorney for Plaintiff I I " t&l . t: lA N .' ... .... .. .. ~ I,' _, UI ( , '-t>: .~ - "'. <.J., t....h a.. '.1-, ':J'-~ ')' . .r ~ ".'1'-" '" Li" , Ilt,J oJ: .~ :,1 ".j '.J N en II -..., ";) -_. . , """- . . . I ,. ~~ .. ... JE .,. ~ .:; .. 8 ... ~l ... '" ... ~ ... -- ...........,.;~ h..,,,,,u SJIlIlATlLLI, SCHI"NAN Ie BIlOWN, P,C, SUm lO6 ZtHO lJ......._ "Wl H.ulJilUlU,1'A 11..0.94U ......-. " , I ... DalIlA L. FRY, r IN THE COURT OF COMMON PLEAS r CUMBERLAND COUNTY, PENNSYLVANIA Plaintitt I I va. I NO. 94-4748 Civil Term I DIDJ:8 K. FRY, I CIVIL ACTION - LAW . . Detendant . IN DIVORCE . AFFIDAVIT OF CONSENT (1) A Complaint in Divorce under Section 3301(c) ot the Divorce Code was tiled on August 23, 1994. (2) The marriaqe ot Plaintitt and Detendant is irretrievably broken and ninety (90) days have elapsed trom the date ot tilinq the Complaint. (3) I consent to the entry ot a tinal decree ot divorce. (4) I understand that it a claim tor alimony, alimony pendente lite, marital property or counsel tees or expense. has not been tiled with the Court betore the entry ot a tinal decree in divor:ce, the riqht to claim any ot them will be lost. I verify that the statements made in this atfidavit are true and correct. I understand that talse statements herein are made subject to the penaltie3 of 18 Pa. C. . Sec. 4904 relatinq to unsworn talsitication to authoritie ~ .::l3, /9'S" DAT Ln CT> . . : .." .:J' (C") c...J. '" 0:.' ...") ~! ~ 1m -- .' -..... -'-" -.. h..O"..... SlUATlLLI, SCH."MAN Ie BaowN. P.C, SU"' 100 JCMO IJNUlIlm....-.u.w '.. HA.wIIuau.rA 17Uo-..... -~ I " I DO'" L. I'ay, I IN THE COURT OF COMMON PLIAS I CUMBERLAND COUNTY, PINNSYLVANIA Plaintiff I I v.. I NO. 94-4748 civil Term I Dlnl. .. l'aY, . CIVIL ACTION - LAW . I Defendant . IN DIVORCE . (1) AFFIDAVIT OF CONSENT A Complaint in Divorce under Section 3301(c) of the Divorce Code Ifas filed on August 23, 1994. The marriage of Plaintiff and Defendant is irretrievably broken and ninety (90) days have elapsed from the date of filing the Complaint. I consent to the entry of a tinal decree of divorce. I understand that if a claim for alimony, alimony pendente lite, marital property or counsel fee. or expen.e. has not been filed with the Court betore the entry of a final decre. in divorce, the right to claim any of them will be lost. (2) (3) (4) I verify that the statements made in this affidavit are true and correct. I understand that false statements herein are made .ubject to the penalties of 18 Pa, C.S. Sec. 4904 relating to unsworn falsification to authorities. 5-~-9~ DATED @(Iw. cI Ci, DOnA L. I'RY DONNA L. FRY, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA . . V. NO. 94 4748 DENNIS M. FRY, CIVX L ACTION - LAW Defendant CUSTODY ORDIIR " ( 'I I, I AND NOW, this ~daY of tf:..r~r3l/'-- , 1994, upon the Defendant's Petition Requesting Counseling, IT IS HEREBY ORDERED AND DECREED that the within divorce proceedings are continued for a period of ninety (90) days, during which the parties shall submit to three (3) counseling sessions with Pat Rothermel at Tressler Lutheran Services, 960 Century Drive, Mechanicsburg, Pennsylvania, a qualified professional of Defendant's choice, who shall return her report to this Court, certifying the attendance of the parties ;;;;~.:i~i~ [~ ~tfd 1'rB~ ~ cr- BY THE COURT: ~p'f/vv J.