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Home My WebLink About94-05406 , .,'.1 " , , ')- u: .Ii 7 " /1 I " , , I J j ~ ~ \i) ", I ":::t- O- / " , . .:t!, ':c. 8; , , i ~I, ~I Si , i ~I ~I ~ I ~~ , , , i ~I MI ~I ~I ..I ". ~ .~ ~ ~I " I ~I " i MI 'I ~I ~I ~I I. ~ ~ ~I ~I ~l ~ ~ ;! ~I M ~ ~ . ~ 8 _I ,i .... .~. , .~C. .:.;. .:.:. .:.;. .:,.;. <.~.. .:.:. .:.;.. <<<. .:.;. .:+:. .:.;. :.;. .:.:. .:+:. {+:- .:+;. .:+:. :. ,:.;. .:+;. .:<<. ':.:' .:+:. ':..... ':.:' ':C, ':C, ';If . .... IK ( , 'M I, , , (~ I~ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY ~ " M " ~ ~ M " ~ " II) ~ ~ ',' ~ STATE OF PENNA, APRI L MICHELLE FRY. PLAINTI FF i'\ ( I, 94 -5406 V\')',-II,; DANIEL BLAINE FRY, 1M , ' 'I: .. I'" ~~ DEe R EEl N I~ D I V 0 R C E ~ Lr;'1-<( fp\!: ..L!) 19t:f { it is ordflrflrl I1nrl DEFENDANT AND NOW. . ~ decreflc:l thot ,RY ~ ',' ., pl"intift dp.fFmrlnnt, onc:l DAN IEL BLAINE FRY ';~ , ' r~ , I~ r',' orfl rlivorced from thfl nonns of matrimony, The court mtnins iurisniction of the toll()wi~~ dnims which hnvfl been raised of rflcorn in this oction for which a finnl ornflr hns not yet bflen flnterfld; NONE ~ , I' i~ , , ~ MARITAL SETTLEMI,NT AGREEMENT DATED NOVEMBER In, 1994 IS INCORPORATED Nor MERGED IN DIVORCE DECREE, ~ ~ .~ , ~ ~ /7 , /4, /' -,,/ ~. ./, ., I(jc.{~it-.' /'!!."..~~Jflt"7I!"t.,~ , I ," 7 . .J.<. '/of' ,/ _....c ,)'..,......((4 Pndhnno'ary ~''- / ,,7 ~ :~ ~ ,~ '.~ .' .:.:. ~.~. :<<. .:.;. ....- :.:. .:.;. :.:. .:.;. :.:- :.: ~.> 'tI :.: :.:- :.;. :It: <.:-:.: :.,.. '.:- '.. :.:- MARITAL SETTLEMENT AGREEMENT 1<__ l \ AGREEMENT, made this KL day of \\X\.('I'J'L" :::r-1994, by and between APRIL MICHELLE FRY. hereinafter referred to as "Wife", and DANIEL BLAINE FRY, hereinafter referred to as "Husband". WITNESSETH WHEREAS. the parties hereto are Husband and Wife, having been married on August 4, 1984, and there is one child born of this marriage, CHELSEA DANIELLE FRY, born January 2, 1989. WHEREAS. diverse unhappy ditlerences, disputes and dilliculties have arisen between the parties, and it is the intention of Wite and Husband to live separate and apart for the rest of their natural lives, and the parties hereto are desirous of settling fully and tinally their respective financial and property rights and obligations as between each other, including, without limitation by specification the settling of all matters between them relating to the ownership of real and personal property, the equitable distribution of such property; the settling of all matters between them relating to the past, present and future support andlor maintenance of Wife by Husband, the settling of all matters between them relating to the parties' minor child including custody. visitation and support; and, in general, the settling of any and all claims and possible claims by one against the other or against their respective estates NOW. THEREFORE:. in consideration of the premises and of the mutual promises, covenants and undertakings hereinatler set timh and for other good and valuable considerations, receipt of which is hereby acknowledged by each of the parties hereto, Wile and Husband, each intending to be legally bound hereby, covenant and agree as follows I. AGREt:MENT NOT A BAR TO DIVORCE PROCEEDINGS. This Agreement shall not be considered to allect or bar the right of Wife or Husband to a divorce on lawful grounds if such grounds now exist or shall herealler exist or to such defense as may be available to either party This Agreement is not intended to condone and shall not be deemed a condonation on the part of either party hereto of any act or acts on the part of the other party which have occurred prior to or which may occur subsequent to the d~te hereof 2. EFFECT OF DIVORCE DH:REE, The parties agree that, unless otherwise specilically provided herein, this Agreement shall continue in lull force and ellect after such time as a final decree in divorce may be entered with respect to the parties It is the intent of the parties hereto that this Agreement shall create contractual rights and obligations entirely independent of any Court Order and that this Agreement may be enforced by r.:ontract remedies in addition to any other remedies which may be available pursuant to the terms of this Agreement or otherwise under law or equity 3. AGREEMENT TO BE INCOl{PORATED IN DIVORCE DECRU, The parties agree that the terms of this Agreement shall be incorporated, but 1I0t merged, into any divorce decree which may be entered with respect to them The parties further agree that the Court of Common Pleas which may enter such divorce decree shall retain continuing jurisdiction over the parties and the subject matter of the Agreement for the purpose of enforcement of any of the provisions thereof 4 DATE Of' EXECUTION. The "date of executiol"," or "execution date" of this Agreement shall be delined 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 Agreement shall be delined as the date of execution by the party last executing this Agreement 2 S, ADVICE OF COUNSEL. The provisions of this Agreement and their legal effect have been fully explained to Wife by her allorney, Jan L. Brown, Esquire and to Husband by his attorney, Linda Gross, Esquire of York, PA. The parties acknowledge that they fully understand the facts and have been tully inlormed as to their legal rights and obligations, and they acknowledge and accept that this Agreement is, in the circumstance, 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 this Agreement is 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. The parties further acknowledge that they have each made to the other a full and complete disclosure of their respective assets, estate, liabilities, and sources of income and that they waive any specific enumeration thereof for the purposes of this Agreement. Each party agrees that he and she shall not, at any future time, raise as a defense or otherwise the lack of such disclosure in any legal proceeding involving this Agreement, with the exception of disclosure that may have been fraudulently withheld. 6, PERSONAL RIGHTS. Wife and Husband, at all times hereafter, may and shall live separate and apart, They shall be free from any control, restraint, interference or authority, direct or indirect, by the other in all respects as fully as if they were unmarried They may reside at such place or places as they may select. Each may, for his or her separate use or benefit, conduct, carry on and engage in any business, occupation, profession or employment which to him or her may seem advisable. Wife and Husband shall not molest. harass. disturb or malign each other or the respective families of each other or compel or allemptto compel the other to cohabit or dwell, by any means or in any manner whatsoever, with him or her, J 7, SUB&EOUENT Rt:CONCILlATION. The parties agree that the terms of this Agreement shall not be allected by their subsequent co-habitation or resumption of marital relations, unless the parties otherwise specitically agree in writing, 8 MUTUA," RELEASES. Husband and Wile each do hereby mutually remise, release, quitclaim and forever discharge the other and the estate of the other, for all time to come, and for all purposes whatsoever, of and from any and all rights, title and interests, or claims in or against the property (including income and gain Irom property herealler accruing) of the other or against the estate of such other, of whatever nature or wheresoever situate, which he or she now has or at any time herealler may have against the other. the estate of the other or any part thereof, whether arising out of any former acts, contracts. engagements or liabilities of the other or by way of dower or curtesy, or claims in the nature of dower or curtesy 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 es::lle, whether arising under the laws of (a) Pennsylvania, (b) any State. Commonwealth or territory of the United States. or (c) any other country, or any rights which either party may have or at any time herealler shall have for past. present or future support or maintenance, alimony, alimony pendente lite, counsel fees, property division, costs or expenses, whether arising as a result of the marital relation or otherwise. except. all rights and agreements and obligations of whatsoever nature arising or which may arise under this Agreement or for the breach of any provision thereof It is the intention of Husband and Wife to give to each other by the e.xecution 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 herealler acquire, except and only except all rights and agreements and obligations of whatsoever nature arising or which may arise under this Agreement 4 or for the breach of any provision thereof It is tilrther agreed that this Agreement shall be and constitute a tilll and final resolution of any and all claims which each of the parties may have against the other for equitable division of property, alimony, counsel fees and expenses, alimony pendente lite or any other claims pursuant to the Pennsylvania Divorce Code or the divorce laws of any other jurisdiction 9, BANK ACCOUNTS. Husband and Wife hereby acknowledge that the monies in bank accounts have been divided according to their wishes and all monies in accounts under Wife's names shall be sole property of Wife and all monies in accounts under Husband's name shall be sole property of Husband. 10. RETIREMENT ACCOlJNTS AND PENSION PI,ANS. Wife hereby waives any rights which she may have to any retirement accounts o~ pension plans of Husband. Husband agrees that he hereby waives any rights which he may have to any retirement accounts or pensions plans of Wife, All such accounts and pension plans shall be the sole and separate property of the party in who name the account or plan is titled Each party shall execute all documents necessary to givll elfectto this paragraph. II. PERSONAL PROPERTY. Husband and Wife do hereby acknowledge that they have divided or will divide in the near tilture their tangible personal property, including, but without limitation, jewelry, clothes, furniture, tilrnishings, rugs, carpets, household equipment and appliances, pictures, books, works of art and other personal property, including hunting and fishing equipment and guns. The parties do hereby specitically waive, release, renounce and forever abandon whatever claim, 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. AfIER-ACOUIRED PERSONAL PROPERTY, Each of the parties shall hereafter own and enjoy, independently of any claim or right of the other, all items of personal 5 , 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 etlectively, in all respects and for all purposes, as though he or she were unmarried, 13, REAL ESTATE. The parties are the owners of a residence located at 640 Old Quaker Road, Lewisberry, York County, PA 17339, with a mortgage held in both Wile and Husband's names Husband agrees that within ninety (90) days of the signing of this document to obtain a mortgage in his name and release Wile from existing mortgage, Upon receipt of Husband's mortgage or relinancing. Husband agrees to pay Wife one-half of the most current appraisal price ($89,000 as of September 7, 1994) minus any liens existing as of September 22, 1994, Husband agrees to pay all costs associated with the new mortgage and refinancing, Upon payment from Husband to Wife of the above agreed upon amount, Wile agrees to transfer her interest in the Real Estate to Husband by executing new Deed. 14, AUTOMOBILES, The parties are the owners ofa 1988 Nissan Pathfinder and a 1986 Honda Accord, The 1988 Nissan Pathlinder shall become the sole and separate property of Husband The 1986 Honda Accord shall become the sole and separate property of Wife Each partl' agrees to execute all documents, including transfer of titles and insurance, necessary to implement this paragraph 15. CURRENT LIABILITIES. In addition to those debts referenced elsewhere in this Agreement, the parties have a VISA credit card debt in the amount of $3,700,00 (Account number 175 58 J45 I) Husband and Wile agree to pay one-half of the VISA debt. Husband agrees to pay his portion in payments of $75.00 per month to wife until husband's balance is satisfied 6 16 WAIYJ:R OF PAYMJ:NT OF l.EGAI. FEES. Wife shall be responsible for paymenl of her legal fees. Husband shall be responsible for payment of his legal fees if he should incur any, 17. ~L1MONY AND ALIMONY Pt:NI>ENn: Lln:. Husband and Wife do hereby waive, release and give up any other rights they may respectlully have against the other for any alimony, It shall be, from the execution of this Agreement, the sole responsibility of each of the respective parties to sustain themselves without seeking any additional support from the other party, except as provided herein 18. CHIl.D SUPPORT. Husband agrees to pay Wife $300.00 (Three Hundred Dollars) per month for child support beginning the tirst month aHer seUlemnt of the I'etinancing of the marital residence Paym~nts shall be made in two installments per month, the tirst installment on the 5th day of the month and the second installment on the 15th day of the month, Payment shall be made by US Mail to Wife's residence Husband and Wife agree to share evenly in any reasonable medical costs for their child, including doctor bills, hospital bills, physical therapist and any costs related to Chelsea's asthma. The parties lurther agree that child support may be tiled through the Domestic Relation'S Otlice in accordance with the Supreme Court Support Guidelines. 19. SAVINGS BONDS, Husband and Wife agree that the Savings Bonds currently in Wife's possession are to be used for their child's college education Both parties agree that the Bonds will stay in Wife's possession 20, MEDICAl. INSURANCE. Wife agrees to apply for medical insurance to become effective by January 15, 1995 Husband agrees to continue 10 provide medical insurance lor Wife until Wife obtains her own medical insurance, no later than January 15, 1995 7 21 LIFE INSURANp:. The pluties currently have a life insurance policy on their child, The parties agree to continue to share the costs of the lile insurance policy until the child reaches the age of twenty- two (22). 22 MUTlIAl. CONSENT DIVORCE. The parties agree and acknowledge that their marriage is irretrievably brok~n, that they do not desire marital counseling, and that they both consent to the entry of a decree in divorce pursuant to Section 3301(c) of the Pennsylvania Divorce Code, Act 26 of 1980, as mav be amended (herein reterred to as the Code). Accordingly, both parties agree to execute such consents, atlidavits, or other documents and to direct their respective attorneys to tile such consents, allidavits, or other documents as may be necessary to promptly proceed to obtain a divorce pursuant to said Section 3301(c) of The Code, Upon request, to the extent permitted by the law and the applicable Rules of Civil Procedure, the named defendant in such divorce action shall execute any waivers of notice or other waivers necessary to expedite such divorce 23 WARRANTY AS TO EXISTING OBLIGATIONS. Each party represents that they have not heretofore incurred or contracted for any debt or liability or obligations for which the estate of the other party may be responsible or liable, except as may be provided for in this Agreement Each party agrees to indemnity and hold the other party harnlless for and against any and all such debts, liabilities or obligations of every kind which may have heretofore been incurred by them, including those for necessities. except for the obligations arising out of this Agreement 24. WARRANTY AS TO FUTURE Ol}LlGATIONS. Wife and Husband each covenant, warrant, represent and agree that. with the exception of obligations set forth in this Agreement, neither of them shall herealler incur any liability whatsoever for ",hich the estate of the other may be liable Each party shall indemnity and hold harmless the other party for and against any and all debts, charges and liabilities incurred by the other after the execution date of 8 this Agreement, el(cept as may be otherwise specilically provided lor by the terms of this Agreement. 25. WAIVER OR MODIFICATION 'fO HE IN WRITING. No modil1cation 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 II waiver of any subsequent default of the same or similar nature 26. MUTUAL COOPERATION, Each party shall, at any time and Irom 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 documents that the other party may reasonably require for the purpose of giving full force and ell'ectto the provisions of this Agreement. 27. LAWS OF PENNSYLVANIA APPLICABLE. This Agreement shall be construed in accordance with the laws of the Commonwealth of Pennsylvania whic~ are in elTect as of the date of execution of this Agreement. 28. AGREEMENT BINDING HEIRS, This Agreement shall be binding and shall inure to the beneHt of the parties hereto and their respective heirs, el(ecutors, administrators, successors and assigns 29. OTHER DOCUMENTATION. Wife and Husband covenant and agree that they will forthwith (and within at least ten (10) days after demand therefor) execute any and all written instruments, assignments, releases, satisfactions, deeds, notes or such other writings as may be necessary or desirable for the proper ell'ectuation of this Agreement. 30. NO WAIVER OF DEFAULT. This Agreement shall remain in fulllorce and elTect 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 alTect the right of such party herealler to enlorce the same, nor shall the waiver of any default C) or breach of any provision hereof be construed as a waiver of any subsequent default or breach of the same or similar nature, nor shall it be construed as a waiver of strict perlormance of any other obligations herein, 31. ENFORCEMENT 0..' AGREE:MENT. If either party breaches any provision of this Agreement, the other party shall have the right. at his or her selection, to sue for damages for such breach or to require specilic perlormance The party breaching this Agreement shall be responsible lor payment oflegal fees and costs incurred by the other party in enlorcing their rights under this Agreement or lor seeking such other remedies of relief as may be available to him or her, Further Husband and Wile agree this Agreement will be ellective and enforceable in all jurisdictions and venues of both parties, including foreign jurisdictions. 32, SEVERABILITY. If any term, condition, clause or provision of this Agreement shall be determined or declared to be void or invalid in law otherwise, then only that term, condition, clause or provision shall be stri\;ken from this Agreement and, in all other respects, this Agreement shall be valid and continue in full loree, ellect and operation Likewise, the failure of any party to meet her or his obligations under anyone or more of the paragraphs herein, with the exception of the satisfaction of the conditions precedent, shall, in no way, void or alter the remaining obligations of the parties 33. HEADINGS NOT PART OF AGREEMENT, Any headings preceding the text of the several paragraphs and subparagraphs hereof are inserted solely lor convenience of reference and shall not constitute a part of this Agreement, nor shall they alTect its meaning, construction or effect. 10 Jw 9 3 .; 11'1\ '95 'I, 1',( ,1'1 '" 'I,' " '1' i." " .' " .. ~~i ,f.r~ ~~.u .~ c; -~4 ) t" ,''II f:"J~';; !II ,I, '.. ....~. ~-, v -';:. .. :.. ~~\~' .,: ~ .,.\1." '.,.":~ > 'il " :j :..'.;. ".. ... , .... ;.,. ~ --';"~,","';\lf~i(-ji..iiIlli~""'."'~_HI~.'''''';_'''''';'_\~' ~.;l:..,l(i-I"'~L-"_-,',;It.~'# ,1.,.,..' ".tr HI' "Ir ,~ I '. , f . . . " " , , ' ,,'_if','( ~:j_........'ll"''''''-'M':~1;lljJw.I",... ,,,,Li~,,i,', I,. I' " " " ' " JAN9 JAH 9 '" liUt" L'r '! ,JI' I,UII, " I'; r~ Il 3 IlU PlIl95 3 ~lnl,'~ ,1y - ,', Ii' t;.. '. / r II ~,~, 1 :1 ~ " .\ ~i "r A', 'r "1', II r~>I .il Y ,I.; ,I , ,- - , -I i , - I,; ,-i " ",''-,1,;''''', ,,-,""."'" , ""t't' ';"~'F' 'T,:-'-' -- 'I, I' J ~' " " " . J " .. " t.' , 11J'..\",:tl':~ I,;' ,',I", ;; '. " , , III . ) J~ '" .' \)0- " '" ~ ~ \, ~~ ~ J ~ ~. ~ <) ~ ~ ~ Q t>. d!; - "".,... ..... . " ."":: It .~ ~ ,-." '~"l '.,x..) ~ l...... r: ~..J a.. ,u o./l ~ III ~ ~ " ~ Q :!i Z. z o < ~ ~ N> o Z 10 :.J 0 a:~~~~ OO~.~~ ~ 0 ~ J l ~ W II) o 0 11. r- Z ' ll. (j ;:: <( ~ It , ~ :J ~ al III cr It < J: 0, WHEREFORE, the Plaintill'requests your Honorable Court to enter a Decree Dissolving the marriage between Plaintill' and Defendant. JAN L. BROWN Attorney for PlaintilT /'.- Dated: 2, l By j:~~~~ ( upremc Court ID No. 67993 ......'5 40 Jonestown Road p, O. Box 6362 Harrisburg, P A 17112 (717) 541-5550 Attorney for Plaintiff I veritY 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. (' Section 4904 relating to unsworn falsification to authorities, Dated_!i~/9~_ iJpg1!l; April Michelle Fry, PlaintilT APRIL MICHELLE FRY, PlalntlfT IN TilE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 94 - !!406 CIVIL TERM DANIEL BLAINE FRY Derendant IN DIVORCE AFFIDAVIT OF CONSENT 1. A complaint in divorce under Section 330 I (c) of the Di vorce Code was filed on September 22, 1994, 2, The marriage of plaintiff and defendant is irretrievably broken and ninety days have elapsed from the date of filing the Complaint. 3, I consent to the entry ofa final decree of divorce. 4, I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if I do not claim them before a divorce is granted, I verilY 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. Section 4904 relating to unsworn falsification to authorities Dated-Lfl/a4& {)fNl7f),cM~dsr April Michelle Fry, Plaintiff " ...-..",,">-.,..t..., ;t",:" JI\l.!""'i""""';"'_'~'''~'',,;, ~,,~....... , , hi II ~ 'I' I, ',ib: , , , J II Art J 3 Iff l'lt 195 ,'itl, , j ~ . I, '.If' (,II" . I' I I, r. ~ ,ir II', 'I, f~ Itf ~' , \'.'.1 l,i',"'I'/' ,. I, ," I' J 1_; I :I , I (:",~': ,'1"';,\ ',' . ~ j " -, ',-j"i,., '..,1 , -"""",,, "''':;'''''''.,,,1.'''''''''' ii'" .'~" ' , J\, I) 'f. f'" 'f' \1': ~t i, , '" ~ ..'''-...".~. 'A l,.~ , , , , ' , -" APRIL MICHELLE FRY, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION. LAW NO.9.. - S406 CIVIL, TERM DANIEL BLAINE FRY Defendant IN DIVORCE AFfIDAVIT OF CONSENT 1. A complaint in divorce under Section )J01(c) of the Divorce Code was filed on September 22, 1994, 2, The marriage of plaintiff and defendant is irretrievably broken and ninety days have elapsed from the date of filing the Complaint ), I consent to the entry of a final decree of divorce, 4. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if I do not claim them beforl: a divorce is granted, I verify that the statements made in this alTidavit are true and correct I understand that false statements herein are made subject to the penalties of 18 Pa, C. Section 4904 relating to unsworn falsification to authorities. Dated ') , ) ( ) .: J /.{ - X" t '-'/ Y /J . 41 , aH'~-II:; i::1./.I~ Daniel Blaine Fry, Defendant ~~.,f~t'; ,,' . ..... ~ OCT Z I J 3~ I 1\ Ig~ I I " . II\' <il 'J ..... .....) " . . ., ~.._,