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HomeMy WebLinkAbout94-05460 \ 3' d' ...c V) \I) 7' J s. V) ~ J G --..5 ?; , ::r- a-/ :1' .. ~l .. ~ ~Ii .. ~I -,'( ~i ':'1 ~I ~ .'. .~ ~ ~ ~ ~ ~ ~ ~ ~ '.' ~ * ~ ~ ~ ~ ~ ., :, . *.~.~.~.~~.*.~.~,~.~,.~..~..~"~..~..~.~.~-~. . -, " . ~- " , -, .', -, , ~ ~ .:.;. <+;,: -:.;. .'.;. .:+;. -:.;. -:+;. -:.;. -:.:. ';4 .,~ ~ '" ~ ~ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY I':'f' STATE OF I~l~ PENNA. ~ ~ ~ ~ ~ ~ ~ ~ JODI A. SHAW, ;\; lJ . 5460 ddddd II) 94 ~ Plaintiff \'4'1','<dl.> MICHAEL A. SHAW, Ocfendant DECREE IN DIVORCE AND NOW, ' . . . , . , .. . . . .-:-?,!?, <7 , . . ./' ,',. 19. O/:,~. " it is ordered and decreed that. , . . . . . , . ,. ' . ,. JODI. A.. SHAW , . , , ' , . " ,. ' , .... . . . '. plaintiff, and.,......,.........,..... .~'?:'J\EL.A: .SHA~.....".,......." 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; . Nonc. . . ',l11e atta(:;!led h]rccment. is hcreby incorp:>ratecl. .~It "?,t trer~ed . . . . into this Decree. II y ;~ ~"'~~/:;L. Alt..r-:'I:;~'".. , .' '. } ",/'/, /~';"''''''-:' ..,., J, , , :\ (.,. 11:'/ '- '~/X"'r'l..'"- T4~~.)/~~-:, ) , 'J . -..... ",'> ,,-L -" j/ /~<;! >~ _C~':!..'lt._ ~ -~:t"~~ ~'--t;.- ,,/ ,,/ P'ro}Jfonnlary ~I' ~ :;'. . . . . '.~;. .~;. ':.:. .:.;. ~ ! . i~ I' i~ I~ ~ ., ~ ;, '" ;, " ~ ;:; I~ L (':' l~ I~ !~ I':' I~ /' ) .~ i~ !~ I~ , . :.~ " . .. ~ '~ , , ,~ ',', .~ I: ~~ i... ,:~ \ :~ ,~ ~ ~ ~~ :!. ~ ~ ~ .c5 :~ :. :.;, -:.;. -:.;.:.;.:+; .:.; -:.;. .~.;.~.;. -:~; .:.;. -:.: -:.;. <.;. .~.: .:+:- ..{n9~ (,~d &f'~~' ,.,,;1l, tf. ,ti,tL &...;1". . ~,.t4'I".,\ J/,).7')' >:'t'tu )<'4,(4/ ~ 11' . WHEREAS, on September 26, 1994 Wife commenced an action in Divorce docketed to No. 94-5460 civil Term in the Court of Common Pleas of cumberland county, Pennsylvania (hereinafter referred to as the "Divorce Action"); and WHEREAS, the parties agree that their marriage is irretrievably broken; and WHEREAS, the parties acknowledge that each has had the full opportunity to be advised independently and represented by separate counsel concerning their respective rights, duties and obligations arising out of their marital status; and WHEREAS, the parties having a full opportunity to be 50 advised of their respective rights, duties and obligations arising out of their marital status, and each having a full opportunity to investigate and evaluate assets, liabilities and all other aspects of each other's property and their jointly owned assets and liabilities, have come to an agreement for the final settlement of their property and affairs. NOW THEREFORE, in consideration of these presents and the mutual ccvenants, promises, terms and conditions hereinafter set forth and to be kept and performed by each party hereto, and intending to be legally bound hereby, the parties mutually agree LAW O'''Cl:l SNt::L8AKER . BRr:N~EMAN -2- as follows: 1. INCORPORATION OF PREAMBLE. The foregoing preamble and paragraphs are incorporated by reference herein in their entirety. 2. DECLARATION AS TO ASSETS AND WAIVER OF EVALUATION. The parties declare and agree that they have, prior to the execution of this Post-Nuptial Agreement, voluntarily agreed to divide and have physically divided and distributed between themselves all assets which they acquired during their marriage, whether or not said property is or would be deemed to be marital property under Pennsylvania Divorce Code and subject to equitable distribution. The parties further declare and agree that prior to the execution hereof, they have voluntarily distributed between themselves all assets and property which each brought with them into their marriage. The parties declare and acknowledge that they are fully aware and familiar with all assets and property that each have brought into the marriage and that have been obtained or acquired separately or jointly by them during the course of their marriage and therefore waive any evaluation thereof. Each party expressly releases the other of and from any and all right of equitable distribution or claims to assets and property of any kind or nature whatever possessed by the other party. r..AoW n,.F''':C5 SNELOAKE:R & BRENNEM.\N II I -)- LAW O"ICl.::> SNL:LDAK[R . BRI:NNEMo\N 3. DIVISION OF LIABILITIES. The parties declare and agree that they have divided and allocated between themselves all debts and liabilities, whether or not incurred by them during the course of their marriage. Husband specifically agrees to be responsible for all debt incurred and presently due upon the parties' account in reference to the Norwest Financial Loan. Husband agrees to hold harmless and indemnify Wife from any and all debts, damages, costs and expenses which Wife may incur directly as a result of Husband's failure to payor discharge the Norwest Financial loan. Wife specifically agrees to be responsible for all debt incurred and presently due upon the parties' Sears account. Wife agrees to hold harmless and indemnify Husband from any and all debts, damages, costs and expenses which Husband may incur directly as a result of Wife's failure to payor discharge the Sears account obligations. 4. FUTURE OBLIGATIONS. The parties agree that any and all obligations incurred subsequent to the date of their separation, April 19, 1994 shall be the sole and separate liability and responsibility of the party incurring the obligation and each party agrees that he/she will not incur or attempt to incur any obligations for or on behalf of the other party and will indemnify and hold harmless the other party of and from any and all liability arising from such future obligation. 5. COUNSEL FEES. Each party to this Post-Nuptial Agreement shall be responsible for paying his or her own counsel -4- fess and related costs associated with the processing of the Divorce Action and the negotiation, execution and consummation of the provisions of this Post-Nuptial Agreement. 6. RELEASE OF SUPPORT AND RIGHTS UNDER DIVORCE CODE. Each party waives and forever releases the other party of and from any and all claims which either may have against the other for spousal support and for all claims which either may have against the other by reason of and pursuant to the Pennsylvania Divorce Code (and the divorce law of any other jurisdiction) including, but not limited to, alimony, alimony pendente lite, equitable distribution of marital property, counsel fees, costs and expenses, except that the performance of any obligation created her.eunder may be enforced by any remedies under the pennsylvania Divorce Code. 7. DIVORCE. The parties agree to terminate their marriage by mutual consent without counselling and each agrees to execute the necessary affidavits and consents to procure a consensual divorce under the provisions of the Pennsylvania Divorce Code, such documents to be filed in the Divorce Action. 8. GENERAL RELEASE. Husband relinquishes his inchoate intestate right in the estate of wife, and Wife relinquishes her inchoate intestate right in the estate of Husband, and each of \..AW 0'''::(;;' S:";ELOAl<ER . 8RENNEMf.N the parties hereto by these presents, for himself or herself, his or her heirs, executors, administrators or assigns, does -5- II LAW O,'IC[S SNEL.DAKER A BRENNEMAN hereby remise, release, quit-claim and forever discharge the other party hereto, his or her heirs, executors, administrators or assigns, or any of them, of any and all claims, demands, damages, actions, causes of action or suits at law or in equity of whatsoever kind or nature, for or because of any matter or thing done, omitted or suffered to be done by such other party prior to the date hereof, except that this release shall in no way exonerate or discharge either party from the obligations and promises made or imposed by reason of this Agreement. 9. SURVIVAL OF AGREEMENT. It is the intention of the parties that this Post-Nuptial Agreement shall survive any action in 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 terms of this Agreement, but said Agreement may be enforced by any remedy at law or in equity, including enforcement proceedings under the Pennsylvania Divorce Code. The parties agree to incorporate this Agreement into a separate order of court to be entered in the Divorce Action, but this Agreement shall not be merged into said order or decree in divorce. 10. COOPERATION. The parties agree to cooperate with each other and to make, execute, acknowledge and deliver such -6- LAW O'~Il,;t.5 SNELDAKCR . BRENNEM.\N instruments and take such further action as may hereafter be ~etermined to be requisite and necessary to effect the purposes and intention of this Post-Nuptial Agreement. 11. VOLUNTARY EXECUTION. The parties declare and acknowledge that they have had the opportunity to have the provisions of this Post-Nuptial Agreement and their legal effect fully explained to them by independent counsel of their choosing and each party acknowledges that this Post-Nuptial Agreement is fair and equitable, that it is being entered into voluntarily, with full knowledge of the assets of both parties, and that it is not the result of any duress or undue influence. The parties acknowledge that they have been furnished with all information relating to the financial affairs of the other to the extent same has been requested by each of them. 12. ENTIRE AGREEMENT. This Post-Nuptial Agreement contains the entire understanding of the parties and there are no representations, warranties, covenants or undertakings other than those expressly set forth herein. The parties acknowledge and agree that the provisions of this Agreement with respect to the distribution and division of marital and separate property are fair, equitable and satisfactory to them based on the length of their marriage and other relevant factors which have been taken into consideration by the parties. Both parties hereby accept the provisions of this Agreement with respect to the -7- _7 __ _ _ , -. ...----...._, ;-',- 16. EFFECTIVE DATE. This Agreement shall be dated and become effective on the date when executed by the latter of the two parties. IN WITNESS WHEREOF, the parties have hereunto set their respective hands and seals the day and year first above written intending to legally bind themselves and their respective heirs, personal representatives and assigns. WITNESSED BY: .' (SEAL) I ; _V.J~/.':''''/ ..- , ......., / .,:....'11:. I , f L-,~,,- '- \' 11.\, r-h1.-d. j , ,. - ......" ," Michael A. Shaw- ..... Date: (SEAL) 01/\'\ \q<; NoIm1a! So<ll Tracy L H"JIlIlOOS'OOI, Notar,I Pub'c FoiMOWT..".. Yott<Cwnl'f MyCornm~,"",E.,p""'A",J 7.1995 tdtiDor, 'emsytYanra Assooabon i$ :) \(\.(..LJ --4 . ~\:>( ,..:i-C~,-J LA..... C,."ICt5 SNELDAKER . 8RENNEMAfl -9- JODI A. SHAW, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA IJI/- NO 'J <} (I C.' CIVIL TERM VB. MICHAEL A. SHAW, Defendant IN DIVORCE NOTICE TO DEFEND AND CLAIM RIGHTS You have been Bued 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 custody or visitation of your children. When the ground for divorce is indignities or irretrievable breakdown of the marriage, you may request that the court require you and your spouse to attend marriage counseling prior to a divorce decree being handed down by the court. A list of marriage counselors is available in the Office of the Prothonotary at the Cumberland county Court House, Carlisle. You are advised that this list is kept as a convenience to you and you are not bound to choose a counselor from the list. All necessary arrangements and the cost of counseling sessions are to be borne by you and your spouse. 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 WHERE YOU CAN GET LEGAL HELP. Court Administrator One Courthouse Square Carlisle, Pennsylvania 17013-3387 (717) 240-6285 L.AI'" u'nc!:~ SNEL':).\KER " 8R~!{'lc.""!\N ENNEMAN, P.C. By JODI A. SHAW, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. (1'-\- >J'I{,{) CIVIL TERM vs. MICHAEL A. SHAW, Defendant IN DIVORCE COMPLAINT 1. The Plaintiff in this action is JODI A. SHAW, an adult individual, who resides at 109 W. Main Street, Apartment 2, Mechanicsburg, Cumberland County, Pennsylvania 17055. 2. The Defendant in this action is MICHAEL A. SHAW, an adult individual, who resides at 149 A Street, Apartment 4, Carlisle, Pennsylvania 17013. 3. Both the Plaintiff and Defendant have been bona fide residents of the Commonwealth of Pennsylvania for at least six (6) months immediately previous to the filing of this complaint. 4. LAW t)fF1Cf.~ The Plaintiff and Defendant were lawfully joined in marriage on February 3, 1990 in Carlisle, Cumberland County, Pennsylvania. SNEL ')A.i~E.R ,", BF10HiEMAN JODI A. SHAW, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA vs. NO. CIVIL TERM MICHAEL ALAN SHAW, Defendant IN DIVORCE AFFIDAVIT JODI A. SHAW, being duly sworn according to law, deposes and says: 1. 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 participate in counseling. 2. I understand that the court maintains a list of marriage counselors in the Office of the Prothonotary, which list is available to me upon request. 3. Being so advised, I do NOT request that the court require my spouse and I participate in counseling prior to a divorce decree being handed down by the court. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. S 4904 relating to unsworn falsification to authorities. UI'I (I..-F1CU; SNEL MKlR ". BRi:~l~jl:\';'N 'I , <'" ~I (I I , ) Jod A. Shaw (Plaintiff) \ Date: September 22, 1994 .J' "0" en ,. - .,. ~ "' = .. " 11 @ <.. .-f":', .' w " . .... (','- .:.. l. [~ . , . r.o " , .' . . ,~ .' ...... ". :n .> vt >- r '"::J: -:t <r <t 1 ""8. -a.. 0 0 0 \r) \,() 0 . 16 \Ji @. - ~ "" , . .i) .t.:; '~'~:;t::~~...,""~ .::~g",ji ..,'" ~. I ,r,1~ ! L'~"..'i:' >\ : "},!' ,"\.:"'''''-';M'--~'-'~': ,-' 'to... " ?;'~:~f~,~;\l~~r:i';'~.:~ :..)--.. , .,..!..;..J,',. c!-'! "'="-""~-~-.\'-:" - "" '~-'~~'-V~I~:t""'~~' "} V\J . 1'):..I't' ;"t {Jr?l:- \i ,~.rQ. 1 :f~'~~~~n;;:{;.f:'; J ',' ,1,'",' :.,'!~~.., :u.At~,.~ ' I 'A".t;~j'l{;!" .. .' 1'1. '". ~. ~ :~~ l';-f:' ';;nlti1i1' ~: '::~?:~?~'i~.:.llif~~ '" ," l 1'>I~' ~,. --: '" l, lA: :,t'Ij.~-ilJ l'i~ .) _"...; <,<', "..,.,:.~~ . .J<o.r< , ,c: . ' ~~,{'{;f;~ ,'.".....J, J I 1 '; ~. ; h , . :> I .,; <- ~ ~ !i.! J; p ,. '. , , JODI A. SHAW, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 94-5460 CIVIL TERM Plaintiff v. MICHAEL A. SHAW, Defendant IN DIVORCE AFFIDAVIT OF SERVICE COMMONWEALTH OF PENNSYLVANIA) SS. COUNTY OF CUMBERLAND) Keith O. Brenneman, Esquire, being duly sworn accor~ing to law deposes and says: that he is a principal in the law firm of Snelbaker & Brenneman, P. C., being the attorneys for Jodi A. Shaw, the Plaintiff in the above captioned action in divorce; that on September 26, 1994, he did send to Defendant Michael A. Shaw by certified mail, return receipt requested, restricted delivery, a duly certified copy of the Complaint in Divorce which was filed in the above captioned action as evidenced by the attached cover letter of the same date and Receipt for Certified Mail No. P 290 6JJ 725; that both the Complaint and cover letter were duly received by Michael A. Shaw, the Defendant herein, as evidenced by the return receipt LAW Ol'FICt!; card for said certified mail dated October 4, 1994; that a copy of the aforementioned cover letter dated September 26, 1994 is attached hereto and incorporated by reference herein as "Exhibit A" and that the original Receipt for Certified Mail and the 5Nl:L1JAK[R " BREN:'4EMAN .. . SNELBAKER 8 BRENNEMAN A PJlO'WIONAJ. COIU'OM nON ^ITORNEY5 ^T ,-^W ..... \lVUT MAIN ~T1lUT MECHANIC5BURG, PENN5YlV~1A 17055 JUCHAJU) C. 'NELIAJ<U, IWTH 0, III.E>lNEMAN PHIUP H, 'PM! 111'.607.8~28 p, 0, lOX 318 PACSIMILE C1l7l 1587.115151 September 26, 1994 Michael A. Shaw 149 A Street Apartment 4 Carlisle, PA 17013 Re: Shaw v. Shaw No. 94-5460 Civil Term, CUmberland County Dear Mr. Shaw: Enclosed please find a certified copy of a Complaint in Divorce which was filed on behalf of Jodi A. Shaw. 'lours truly, Keith O. Brenneman KOB/sz Enclosure VIA CERTIFIED MAIL, RESTRICTED DELIVERY, RETURN RECEIPT REQUESTED, PARCEL NO. 290 633 725 CC: Jodi A. Shaw (w/enclosure) EXHIBIT A P ~9D loB 725 ~: - Hllcelpt for Certified Mail Nil IW.lI!.'''' C 1-\"'1 ,1'1" P!ll\",\tl~' i ._'" 'ull U' I;'f:' ~"'Ii.lIi11f).ll M,.d '~_'I'I' Hj'vl ' Michael A. Shaw ~-- :14l)i\- StreY- _____ Aparl'1Tv>l1t.l_______ Carlisle, _ PA ___170lJ._____________ - $ ;'2.. 1.00 _______.___....____ _"'__"W____"__ '.' I~. ~'~ ' . - . - -:- -:-/.-t:-_ "',----- -2"':"-50'---- . - 'i.' ~/ , - ":::~:~H_'__ ___ _ ~ c , -, $ -5.D2- '" '" " d ">'.. o co '" E 3 ~ cO c- 1',-.,:, ... .. NDER: .. . Compltlte It.m. 1 ancflor 2 for addjtion~ 1I,..,le... I, Complet. item. :t and 4. . b. .. .. . "int your name end .ddf," on th, r.ve,.. or thl. 'o,m 10 tNt WI can rel\lrn Ihll card 10 you. . An.eh th.. 101m to lh, "ont 01 the m.lIpi.c.. Of on the back I' Ipace don; 0(11 permit -I . WfI1. "Return Receipt Rtqu..ted" un 1M m,ilplecl below the InicH! number. . The Rltum Recell" will .how to whOm th. artlel, WI' chIl1v,red and the dlt. I d,h,r,d 1 3. Article Addressed to: t I .110 wish to receive the following servlclI 1Ior 8n ,_tr. feel: 1. 0 Addressee'. Addr... Michael A. Shal~ 149 A Street AparOI1ent 4 Mechanicsburg, PA 17055 4b. Service Type o Regiltered [X1;ertified o Express Mall 7. Oat' of 0 (,' o Insured DCOD o Return Receipt for r h ndi i I J { ! l ress IOnly if requested .M ~ 4., 2. XX Restricted Delivery Consult ostmester for fee. Articl.l\~um!ll' p ..:.~O b..l3 725 8, LA,v OFflCl5 *u.s. GPO: 111)-352.114 DOMESTIC RETURN RECEIPT SNEl.UAKER " 8RE'I~jE:MMI EXIlI BIT B . Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 94-5460 JODI A. SHAW, v. MICHAEL A. SHAW, Defendant IN DIVORCE AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under section 3301(c) of the Divorce Code was filed on September 26, 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 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 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. S4904, relating to unsworn falsification to authorities. Date: /1ay 5, 1995 'A C'\ (Ict,. ,'-I"\(]I\) ( . Jod~ A. Shaw .. / (Plaintiff) .v' LAW OHIClB SNELDAKER . BRENNEMAN '-"">' c:r" ~. ~:: ,., >"4 ~-. ~ 4..~ " lLn ~ .., ..... I .., C,:'"") /<, itl. IJr,.""F'-'~,,, " . . l/~I 1.1(" I"'r.." 51. ,::'&> tt:c,. 3 I f l...,.. ./"tc~/\."I,#t )b.~~ ,PA, 1-''' .;-o).i .I ':".! .- .