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IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY
STATE OF ~ PENNA.
KATIILEEN C. FREITAS,
Plaintiff
l\ I),
114-41145
,pppp Il)
VI'I'...!IS
CIIRISTOPHER J. FREITAS,
Defendant
DECREE IN
DIVORCE
AND NOW, '" ,U'c,~~,Io,C-', ,l,l""" " 19,1,'1." it Is ordered and
decreed that """,'," ,Ka\hl~~n, c~ ,Frei~,!~ , , , , , , , , , , , . , , , , , , , " plaintlffr
and, , . , , , , , , , , ,<::/1rls,tpp/1~r...!. frq(t~s, , , , , , , , , , , , , , , , , , , , , , , , , " defendant,
are divorced from the bonds of matrimony.
The court retains jurisdiction of the following claims which have
been raised of record in this action for which a final order has not yet
been entered;
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Thc'IiU'a'ched' Property Seltlement 'Agreemcniis'tiereb'y'lricorporatCd; b'u't'riot merged;
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-I.l )uH Prothonotary
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.
PROPERTY SETTLEMENT AGREEMENT
THIS AGREEMENT, made this !IJ:1,day of ~ ,1994, by and
between Christopher J. Freitas. hereinafter called "Husband", and K'hleen C. Freitas,
herelnaftar called "Wife". '
WITNESSETH:
WHEREAS, Husband and Wife were lagally married on September 15, 1990;
WHEREAS, one child, Kaltlln A. Freitas, date of birth December 21, 19.91, was
born of this marrlaga;
WHEREAS, differences have arisen between Husband and Wife In consequenca
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of which they desire to live separate and apart from each other; and
WHEREAS, Husband and Wife desire to settle and determine their rights and
.
obligations.
NOW THEREFORE, In consideration of the premises and covenants contelned
herein, It Is agreed by and between the parties hereto that:
1. SEPARATION.
It shall ba lawful for each party at all times hereafter to live separate and apart
from each other at such place as he or she from time to time shall choose or deem fit.
The foregoing provision shall not be taken as an admission on the part of either party
of the lawfulness or unlawfulness of the causes leading to their living apart.
2. INTERFERENCES.
Eech party shall be free from Interference, authority end control by the other,
as fully as If he or she were single and unmarried, except as may ba necessary to
carry out the provisions of this Agreement. Neither party shall molest or attampt to
endeevor to molest the other, or In any way harass or malign the other, nor In any
other way Intarfere with the peeceful exlstenca, separate and apart from the othar.
Eech of the parties hereto completely understand and agree that neither shall do or
say anything to the child of the parties at any time which might in eny way Influence
the child edversely against the other party.
3. DIVISION OF PROPERTY.
A. The pertles ere the owners of a mobile home presently located at 92
Regency South, Carlisle. Cumberland County, Pennsylvania. The mobile home Is
financed by Central Penn Savings with an approxlmata balanca of $16,000.00. Wife
shall remain In the mobile home until Husband moves Into the home which will occur
on or before January 1, 1995. Husband will attempt to have Wife's name removed
from the debt end, If he Is unable to do so, will Indemnify and hold her harmless on
the obligation to Central Penn Savings.
B. The parties have divided between them to thalr mutual satisfaction,
personal effects, household goods and furnishings and all other articles of personal
property which have heretofore been used In common by them, and neither party will
make eny claim to any such Items which are now In the possession or undar the
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.
control of the other. Should It become necessary, each party egrees to sign any title
or documents necessery to give effect to this peregreph, upon request.
4. MOTOR VEHICLES.
The parties are presently the owners of a 1990 GEO Storm presently in titled
In the names of Husband end Wife which shall be transferred to Wife Indivlduelly, and
a 1989 Chevrolat Beretta presently in titled In the names of Husband and Wife which
shall ba transfarred to Husband Individually.
6. CUSTODY AND VISITATION.
The parties shall share legal custody of the minor child, Kaitlln A. Freitas, date
of birth December 21, 1991. Wife shall hava primary physical custody of the minor
child subject to temporary custody rights In Husband as agreed to by the partias. Said
access shall be fraquent and on going.
6. SUPPORT.
Husband agrees to pay the Wife for the support of the minor child, the sum of
$90.00 per week. These payments are to be made on either Thursdey or Frldey of
each week.
Husband shell provide medlcel coverage for the minor child and the pertles shell
be responsible for medical bills not covared by Insurance In proportion to their
Incomes.
The aforementioned support ordar Is subject to modification based on a change
In circumstances of the parties. Said amounts to be submitted to the court for review
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upon motion of either party. In the event Husband falls to timely pay the support as
set forth herein, said amount may be entered as an order upon motion of Wife
regardless of Husband's concurrence.
7. LIFE INSURANCE.
Each of the partias shall maintain life Insuranca In the amount of $25,000.00
dasignatlng the minor child of the parties as the beneficiary of said insurance.
8. PENSIONS.
Husband shall retain his pension/profit sharing plan with Lebernold.
9. COLLEGE EDUCATION.
The parties shell contribute to the college education In proportion to their
incomes after consideration of all grants, loans, scholarships and the child's
contribution at the tlma the expense Is generated.
10. 1994 TAX RETURN.
In the event the parties are married at the end of the tax year 1994, they agree
to file a Joint tax return for the tax year 1994 and to share the refund equally.
11. TAX ON PROPERTY DIVISION.
Husband hereby agrees to pay all Income taxes assessed against him, If any,
es a result of the division of the property of the parties hereunder. Wife hereby agrees
to pay all Income taxes assessed against her, If any, as a result of the division of the
property of the parties heraunder.
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12. BREACH.
If either party breaches eny provision of this Agreemant, tha other perty shell
have the right, at his or her election, to sue for damages for such breach. The perty
breaching this contract shall be responsible for tha peyment of legel fees end costs
Incurred by the other in enforcing his or her rights under this Agreement, or seeking
such other remedy or relief as may be available to him or her.
13. FULL DISCLOSURE.
Husband and Wlfa each represent and warrant to the othar that he or she hes
made a full and complete disclosure to the other of all essets of any nature
whatsoever In which such party of every type whatsoever and all other facts relating
to the subject matter of this Agreement.
14. ADDITIONAL INSTRUMENT.
Each of the parties shall on demand execute and deliver to the other eny deeds,
bills of sale, assignment, consents to change of beneficiary on Insurance policies, tax
returns and other documents and do or caused to be done any other act or thing that
may be necessary or desirable to the provisions and purposes of this Agreement. If
either party fails on demand to comply with this provision, that party shall pay to the
other all ettorneys' fees, costs and other expenses reasonably Incurred as a result of
such failure.
15. WIFE'S DEBTS.
Wife represents and warrants to Husband that since the parties' separation sh~
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.
has not and In the future she will not contract or incur any debt or Iieblllty for which
Husband or his estate might be responsible and shall indemnify and save Husbend
harmless from any and ell clelms or demands made against him by reason of debts or
obligations incurred by her.
16. HUSBAND'S DEBTS.
Husband represents and werrants to Wife that slnca the parties' separation he
has not and in the future he will not contract or Incur any debt or liability for which
Wife or her estata might be responsible and shall Indemnify end save Wife harmless
from any and all claims or demands made against her by reason of debts or obligations
Incurred by him.
17. WAIVERS OF CLAIMS AGAINST ESTATES.
Excapt as herein otherwlsa provided, each party may dispose of his or her
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 proparty or the estate of the other as a rasult of the marital
relationshlp,lncludlng without limitation, dower, curtsy, statutory allowance, widow's
allowance, right to take in Intestacy, right to take against the Will of the othar, and
right to act as administrator or executor of the other's estate, and each will, to the
request of the other, execute, acknowledge, and deliver any and all Instruments which
may be necessary or advisable to carry Into effect this mutual waiver and
rellnqulshmant of all such Interests, rights and claims.
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18. REPRESENTATION.
It Is recognized by the parties hereto that Kathleen C. Freitas Is represented by
John J. Connelly, Jr., Esquire. It Is fully understood and egreed thet she has the right
to heve advice of counsel prior to the signing of this Agreement. By the signing of
this Agreement, Christopher J. Freitas recognlzas that he understands tho legal Impact
of this Agreement and waives his right to have this Agreement reviewed by en
ettorney of his choosing, and further intends to be legally bound by the terms of this
Agreement.
The partlas shall share equally the attorneys fees of John J. Connelly, Jr.,
attorney for Wife.
19. VOLUNTARY EXECUTION.
The provisions of this Agreement are fully understood by both parties end each
party acknowledges that this Agreement Is fair and equitable, that It Is being entered
into voluntarily and that It Is not the result of any duress or undue Influence.
20. ENTIRE AGREEMENT.
This Agreement contains the entire undorstandlng of the parties and there ere
no representations, warranties, covenants or undertakings other than those expressly
set forth herein.
21. PRIOR AGREEMENT.
It Is undarstood and agreed that any and all property settlement agraements
which mayor have been executed prior to the date and time of this Agreement era
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null and void end of no effect.
22. MODIFICATION AND WAIVER.
Any rr.odiflcation or waiver of any provision of this Agreemant shall be effective
only If made In writing and executed with the same formality es this Agreement. The
failure of either party to Insist upon strict performance of any of the provisions of this
Agreement shall not be construed as a welver of any subsequent default of the same
or similar nature.
23. GOVERNING LAW.
This Agreement shail ba governed by and shall be construed In accordance with
the laws of the Commonwealth of Pennsylvania.
24. INDEPENDENT SEPARATE COVENANTS.
It is specifically understood and agreed by and between the parties hereto thet
each paragraph hareof shall be deemed to be a separate and Indapendent covenant
and egreement.
26. VOID CLAUSES.
If any tarm, condition, clause, or provision of this Agreement shall be
determined or daclared to be void or Invalid In law or otherwise, then only that term,
condition, clause or provision shall be stricken from this Agreement and in all other
respects this Agraement shall be valid and continue In full force, effect and operation.
26. ENTRY AS PART OF DECREE.
It Is the Intention of the partlas that this Agreement shall survive any action for
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divorce which may be Instituted or prosecuted by either party and no order ,Judgement
or decree of divorce, temporary, final or permanant, shell affect or modify the financial
terms of this Agreement. This Agreement shall be made 8 part of any such Judgment
or decree of final divorce.
27. DOMESTIC I3ELATIONS CODE OF THE COMMONWEALTH OF
PENNSVL VANIA.
Except as specifically provided In this Agraement, each party walvas any clelm
they may have against the other under the Domestic Relations Code of the
Commonwealth of Pennsylvania Including, but not limited to, alimony, alimony
pendente lite, counsel fees, costs and equitable distribution of marital property.
IN WITNESS WHEREOF, the parties hereto, intending to ba legally bound
heraby, heve hereunto set their hands and seals the day and year first above written.
WITNESS:
~ ~ +uJ:J
Christoph r . Frai
John J. Connelly, Jr., Esquire
Kathleen C. Freitas
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COMMONWEALTH OF PENNSYLVANIA
COUNTY OF DAUPHIN
On this, the l/.il..Aay of ~
ss.
, 1994, before me, a Notary Public,
personally appeered Christopher J. Freitas, known to me to be the person whose
name is subscribad to the within Property Settlemant Agreement and acknowledged
that he executed the sama for the purposes therein conteined.
IN WITNESS WHEREOF, I hereunto set my hand and official seal.
~.~j~
OT A Y PUBLIC
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF DAUPHIN
On this, the ~ay of ~
NOI ARIAL SEAL .
JEAN L. MORIN. Notar.Y..Publl' I
Hmllburl. Dauphin County .
Clllllllln'on Ex 1m S. l. 16. 1996 J
SS.
'M
, 1994, before me, a Notary Public,
personally appeared Kathlaen C. Freitas, known to me to be the person whose name
Is subscribed to the within Property Settlement Agreement and acknowledged that
she executed tha same for the purposes therein contained.
IN WITNESS WHEREOF, I hereunto set my hand and official seal.
~/JAlU~
or ARY PUBLIC
NOT ARIAL SEAL
JEAN L. MORIN. Notary Publl,
. Harrilburl. Dauphin County
M COlllini"',, E. 1m S. t. 16. 1996 .
'.
5. Date and manner of service of the notice of Intention to fila
praecipe tl> transmit record, a copy of which Is ettached:
Data: / ~ -/~ -iH
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KATHLEEN C. FREITAS,
PLAINTIFF
v.
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 94-4946
CHRISTOPHER J. FREITAS,
DEFENDANT
CIVIL ACTION - LAW
IN DIVORCE
PLAINTIFF'S AFFIDAVIT OF CONSENT
AND WAIVER OF COUNSELING
1. A Complaint in Divorce under Section 3301 (c) of the Divorce Code was
flied on September 1, 1994.
2. The marriage of the Plaintiff and Defendant Is Irretrievably broken, and
ninety days hava elapsed from the date of filing of the Complaint.
3. I consent to the entry of a Final Decrae In Divorce.
4. I understand that If a claim for alimony, alimony pendente lite, equitable
distribution of marital property or counsel faes or expenlles has not been flied with tha
Court before the entry of a Final Dacree In Divorce, the right to claim any of them will
be lost.
5. I have been advised of the availability of marriage counseling, and
understand that I may request that the Court require that my spouse and I partlclpata
in counseling. I further understand that the Court maintains a list of marriage
counsalors In the Prothonotary's Office, which list Is available to me upon request.
Being so advised, I do not requast that the Court require that my spouse and I
participate In counseling prior to a divorce decree being handed down by the Court.
"J,