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HomeMy WebLinkAbout94-05780 ., .... :J ) ,. "~ I I .~l a1 t.31 , I . I -7 \\ t t.fl ~ I " I I , J I J 2 I " C' lc) i1t1-720 /J,Z1~ ,f. .-'-;.4. /c.'t::1.s;j-- v. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO, 94-6780 CML RICHARD OLAND ESPIGH, JR., Plaintiff DARLA KAY ESPIGH, Defendant IN DrvORCE SEPARATION AGREEMENT AND PROPERTY SETl'LEMENT Ii ThJa Aireement, made and entered into tbiB C fI \. day of December, 1994, between DARLA KAY if ii Ii ESPIGH of 814 Brian Drive, Enola, Cumberland County, Pennsylvania, hereinafter refened to 8lI 'Wife", II Ii and RICHARD OLAND ESPIGH, JR. of 849 Brian Drive, EnoJa, Cumberland County, Pennsylvania, Ii Ii hereinafter refened to as "Husband". " II I' :I WHEREAS, the parties hereto 81'e now Wife and Husband, having been lawfully lII8J'1'ied to each " " ! I other on August 10, 1991 in Cumberland County, Pennsylvania; il Ii WHEREAS, there has been one child born of tbiB III8J"I'iage between Husband and Wife, to wit: II ! I Richard Oland Espigh, ill born December 11, 1991. II WHEREAS, the parties hereto desire to enter into an Agreement respecting their property rights, I II regardless of the actual separation or other character thereof and their other rights, including the Wife'. i I right to support and maintenance; if ! I WHEREAS, both and each of the parties hereto have been advised of their legal righta and the I imp1icatioll8 of this Agreement and the legal col1B8quences ~hat may and will ell8Ue from the eJ:ecutlon II hereof, and each Iws had the opportunity to cOIl8u1t with his or her own competent Jeaal COUMel independent of each other; WHEREAS, each party wammts, as part of the coll8ideration of this Agreement, that ~ has ~ and completely disclosed all information of a fmancial nature requested by the other, and that no in/brmadoQ of such nature has been subject to distortion or in any manner being misrepresented; and WHEREAS, other than as set forth herein, Wife desires fma11y and forever to relinquiah all of ber i I rights to be supported by the Husband and all of her right of dower, rights B8 heir or SU1'VivIng 8poUI8 Ill' II i! otherwise. actual, cUl't'ently existing, or inchoate, in and to the real and personal property of the H''*'-''\ I' ': now owned by him or which in the future may be owned by him, and all rights to alimony, alimony ~ I! , lite, counsel fees, or expenses and other than as set forth herein, Husband likewise wishes to reUnqulah all I I j! I " his rlihta of curtesy, rlihta as heir or surviving spouse or otherwise, actual and currently exlatini or inchoate, I ! In and to the real and ~rsonal estate of the Wife, currently owned by hel' or which .he may own In the I future; I I NOW, THEREFORE, the putles hereto Intendlna to be IepJIy bound hereby do hereby mutually I I ~u~~ I i i 1. Separation. H ueband and Wife do hereby mutually ftllI"'!" and consent to live leperate livee I ; i In their retddenceat 849 Brian Drive, Enola, Cumberland County, Pennsylvania untU Illid real ectate is 101d'1 I i The putl" further agrre that it shaIJ be lawful for the Huebend and Wife, at all times hereafter, to live !I i: separate lives apart from each other, and to reside, trom time to time, at IUCh place or placea as they " : i reepectfWIy shaIJ deem fit, free from any control or restraint or Interference, direct or Indirect, by eech ii other. Ii 2. No MolMtatlon. ~ment or Interference. Neither party shall moleet, haraea or l' !! Interfere with the other or compel or endeevor to compel the other to cohabit or dweU with him or her by II II any means whataoever. I II 3. Mutual Property and Estate Waiver. E"cept as otherwise ezpreasly set forth hp.reln. i! In which event such e"press provision shall take precedence over this peragraph, the pertiee hereto Intend i! that from and aner the date of this Agreement, neither shall have any spouse's righte In the property or I, [I estate of the other, and to that end both perties waive, relinquish, and forbear the rlihta of dower or I I curtesy, righta to inherit, righta to claim or take the Hueband or Wife's or family ""emption or allowance, ! II to be vested with letters of administretion or letters testament8ry, or to take aaalnst any will of the othel', " I anr! each agrees with the other if either should die intestete, his or her share shaIJ descend to vest in his i ,[ or her heirs at law, personal representatives, and nen of kin, ezeluding the other sa though he or she bad Ii died a widow or widower. And each further agrees that should the other die testate, hie or her property 'I shaIJ descend to and vest in thOlle persons set forth in the other's Last Will and Testament.. thoush the I spouse 10 dMignated as benefICiary had predeceased the testator. The pertiee fw1.her agree that they ~ !i " i and can hereafter, as though unmarried, without any joinder by him or her, seU, convey, tranafu or :! encumber any and, all real estate and personal property which either of them now or hereafter own or possess and further agree that the recording of thie Agreement shaU be conclueive evidence to all of hie or her ri&ht to do so. The said HlI8band and WlI'e do hereby irrevocably jp'8IIt. each to the other, mould the 8llercile of thiII power hereby siven be nee......." the ri&ht and the power to appoint one or more times any penon or penona whom the HlI8band or Wife IhaIl designate to be the auorney-in-facl for the other, in I their lWDe and in their ,teed. to execute and acknowledge any deed or deed&, relnMe, qwt claime, or I I eat.iaf1lCtlona, under eeaJ or otherwise, to enable either party hereto to alienate hla or her real or personal I property, but without any power to impoee personal liability for breach of warranty Or otherwiae. Each of the parties hereto further waives any right or election contained in Chapter 22 or the Pennsylvania Probate E8tatea and Flduclariell Code, and any right to eeelr. or have an equltable distribution of married property ordered by the Court eubeequent to Section 3502 of the Divorce Code. Each of the psrtles hereto further aereee that neither ,hall hereafter be under any lepl obligatioll8 to ,upport the other, pay any expenaea ror maintenanct!8, funeral, burial, or otherwise for the other, and to thet end each of the parties hereto doea ! i hereby waive any right to receive eupport, alimony, alimony pendente lite, counsel fCt!8, expenaes. or any " Ii ! i type of IlnanciaIIIIlIistance whetsoever from the other, except as otherwise exprCNly provided ror herein. I I II 4. ChUd Custody. The partiee hereby agree that they shall share legal CUI~ of the minor 'i II child, Richard Oland E,pigh, III. Both shall exercise primary physical CUltody for as long as the child ehall " I! Ii r8llide with the parties at 849 Brian Drive, Enola, Cumberland County, Pennsylvania. Upon sale of the il : I marital reeidence, the WlI'e ehall have primary physical cuatody or the child, eubject to the Husband having it i i the rollowing periods of temporary physical Cllltody: II A. Every other weelr.end rrom 6:00 PM on Friday to 6:00 PM on Sunday; II II II I t B. Alternate holidays !'rom 8:00 AM to 8:00 PM. For the pW'pOlle8 of this c1auae the holidays ehall be: Thanlugiving Day, New YelU'l Day, Memorial Day, Fourth of July (Independence Day) and Labor Day; II I I I C. D. 8:00 AM to 8:00 PM on Father', Day; From 12:00 Noon December 24th to 12:00 Noon December 26th on odd numbered yeen; f'rom 12:00 Noon December 25th to 12:00 Noon December 26th on lMII1 numbered yesn; eix weelr.a during the lIUIIUI1er school VIICl\tion. Said lib weelr.a IlhaIJ conabt 01 three IllUI of E. two consecutive weelr.a alternating with two coneecutive weeD 01 the Mother', primary ii I physical custody; :! F. On other auch times sa the parties may mutually agree. G. Not withstanding the Father's perloda ot temporary cuatoct', the Mother ehall be entitled to pb,yaicaJ cuatoct' ot the child on Mother'a Day !'rom 8:00 AM to 8:00 PM. " I' I I, il , I :i 1\ !I !I I' II !j I Ii II :1 il !I 'I II !I II d II ii II I I I, 5. Support A. ChUd Support. The Husband agreea to pay to ths WlI'e an amount detennlned In lICCOrdance with P A Child Support auldellnes tor the support and maintenance ot the child. Currently said amount Ie '105.00 bl.weekly. The parties will cooperate to arranp said paymenta by direct deposit. B. Medical Care tor the Children. The parties agree that the child shall be carried upon the employer spolllOred medical inaurance program provided to Wlte, until the Husband Ia able to enter the child on hIa employer's spolllOred medlcallnllurance. At the time that the child becomes eligible to be entered on the Husband's employer's sponaored medical insurance proeram, he ehaJJ be entered on either or both programs, which provides the beet coverage tor the child. Any medical ellpenees ot the child, not covered by lnlIurance, shall be divided proportionately bet1lll!ln the p.vties In eccordance with their respective Incomes. C. Educational ElIpe~. The partlel desire that their chIld obtain an undergraduate college education or other poet high school education In aa:ordance with hIa ablUtlee and in furthel'llJ\Cll thereof have agreed that said educational expenaes, after the deduction tor llflUlla, echolarehlpe, 10llJlS, and child eummer earnings will be divided between Husband and Wlte. ExpelUll!l in fUrtherance of poIt high school education will include, t.ut not be limited to, room, board, tuition, book.s, activities and studenta tees, spending money and the like. These exp4nsll ehall be paid by the Husband who will then be reimbursed by the Wate for her portion ot theM coeta. The child Ie ellpected to contribute to hIa own edw:ationai expelUll!s and to seek available llflUlta and student 10IlIl8. The child shall be primarily responsible tor repayment ot coUelle Joana which he IOlici18 and obtainto through hIa own eITom. D. TIJI. Parties hereby agree that the husband shall be authorized to claim the chlld sa an ellemption on his income tax in those ye8l'llthat the tax savings to the husband exceeda the tax eav\nga to the wite. The husband shall. in those years that he takes the ellemption, reimburse II II I I I I i the wife for the ditTerence in her Well with and without said "emption. The parties further IIIP'" that they Iha1I rue joint federlllJld state income W for the yeu 11194 and divide equally Ill\)' refund received for that tax year. IC there iI f'urther wes due, then the parties IIIP'" to lbare IUCh tax liability in the llIJIle percentage IS their individualllfOl8 income comparee to the combined llfOI8 income. 6. Division ot Pel'8Onal Property. A. The partlell have agreed to divide their personal property to their mutualllAtlafactlon. The We Iha1I own haJC IJId join independently of any claim of righta of the Huaband allltelJl.l of peraonal property of every kind, nature IJId description IJId however situated which are IIated on Schedule B attached hereto IJId incorporated herein, or which may hereinal\er belong to the Wife, with !\ill power to the We to dl.spoee of the llIJIle IS fully and effectively, with as if he were not married. B. The parties further agree that the 1987 Chevrolet Spectrum shaI1 be the IIOle and aeplll'8te property of the Husband; the 1990 Mitsubilhi Gslant shall be the sole IJId aeparate property of the Wife. The parties agree to properly execute such title documents or other written instruments as may be required to transfer title of these vehiclell to the respective parties. The parties further IIIP'" to each 8lI8UItle all liability for inaurance IJId upkeep on their rellpective vehicles. C. Personal effects. All items of personal effect such as but not limited to jewelry, luggage, sports equipment, hobby coUections and books but not including furniture or any other property, personal or otherwise specif1C8\ly disposed of pursuant to tru..lIIP'eement shall become the absolute and sole property of the party who has had the principal use thereof or to whom the property was given or form whom it was purchased, and each party hereby surrenders any interest he or she may have in such tangible personal property of the other. 7. Real Property. The husband Is the owner of the marital residence at 841'; Brian Drive, Enola, Pennsylvania 17013. The parties agree that said house shall be sold and the net proceeds of the sale, after escrow of any monies necessary for repairs Iha1I be applied to any joint marital debts, which are listed in Schedule "C". IC there are any proceeds lef\ aner the payment of joint marital debts, said proceeds shall be divided equally between the parties. '!'he husband waives any claim to fair market rental from the wife I as long as she resides in the marital home. ! 8. Debbl. The parties agree that any joint debu of the parties, ... reflected on Schedule C, IhaII be paid out of the proceeda of the sale of the rea1 estate. If the net proceeds of the sale of the real eat.ate is not sufficient to pay ocr all joint debts, the parties agree to equally split any ezceaa joint debu. The ii , d hUlband agrees to pay to the wife 8100 per month in alimony until hia portion of the exceaa debu plUl Ii " ! i ftnance charges are paid thereby. The parties further agree that neither will Incur any more debta for which Ii i i the oUler party may be held liable, and If either party incurs a debt for which the other will be liable, that IIII! party Incurring such debt will hold the other harmleaa from any and all liabilities thereof. II 9. WaJver ot Allmony. In conalderatlon of the mutual agreement of the parties volunt.ari\y II to live separate and apart and the provlalons contained herein for the respective benefit of the parties and II II other good and valuable conalderation, the parties agree to waive any and all claims for any alimony or . alimony pendente lite except II stated in Paragraph 8 above. I! II 'i employment benefil.8 of any kind, earned during the marriage, by the other party. I I 11. Counael Fees and Court Costa. The parties agree to be responsible for their own interim 'I 'I and (mal counsel fees and court COIU in the obtaining of a divorce. II 12. Divorce. The parties acknowledge that an action for divorce between them has been med I by Husband and is presentlY pending divorce between them in the Court of Common Pleas of Cumberland I County to the caption Richard Oland Espigh, Jr. v. Daria Key Espigh. The parties acknowledge their 10. Pension. Both parties agree to waive any claims they may have to any pension or I intention and agreement to proceed in said action to obtain a (mal decree in divorce by mutual consent on I j! I the grounds that their marriage is irretrievably broken, and to settle amicablY and fully hereby all claims raised by either party in the divorce action. The parties will execute the neceSlllll'y Affidavits of Consent for the entry of a (mal divorce decree in that action. 13. Breach. In the event that either party breaches any provision of thia Separation and Property Settlement Agreement, he or she shall be responalble for any and all costa incurred to enforce the terma hereof, including, but not limited to, court cosu and reasonable counsel fees of the other party. In the event of breach, the other party ahalI have the right, at hia or her election, to sue for damages for such breach or to seek such other and additional remedies II may be available to him or her. Ii ;; " II :1 I' " I! Ii " Ii COMMONWEALTH OF PENNSYLVANIA II COUNTY OF CUMBERLAND I Ih.. I On the it d.I\y of Deco!mber, 1994, before me, a Notary Publk: of the State and County .1 aforementioned, personally appeared RIchard Oland Eapigh, known to me to be the penon whoee name la subecribed to the within document, and acknowledge that she executed the foreaoinl for the purpoee therein ) )88 ) contained. IN WITNESS WHEREOF, I have hereunto eet my hand and Notarial eeal. IlOTARIAL SEAL IIlLY.. MURRAY. Notary P~~lIc CarlIII. 11010. Cumblll.nd County. PA My Com mill/on bpllll Nav 2. ,toe /.; ~ l ~")'. /-1 L{. tlCt ;F NOTAR UBLIC COMMONWEALTH OF PENNSYLVANIA ) ) SS COUNTY OF CUMBERLAND ) On the ~: 1/ \ day of December, 1994, before me, a Notary Public of the State and County aforementioned, personally appeared Daria It Espigh, known to me to be the penon wh.- name Ie aubecribed to the within document, and acknowledge that he executed the foregoing for the purpoee therein contained. IN WITNESS WHEREOF, I have hereunto eet my hand and Notarial .....al.. NOT AR'" L SHL mLY.. IIURRA Y. Notary r~~lIc Cartlll.lIoro, Cumberland County. My CMIIIIIlOn uplrtl Nov 2. I ." en - ,- ~ .,.:- :0::: ~ '''I) N " , ~ . "- '"' ..c \_' --. I. RICHARD OLAND ESPIGH, JR., Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY. PENNSYLVANIA NO. 9-4. 5 7 B () CIVIL {~~ v. DARLA KAY ESPIGH, Defendant IN DIVORCE COMPLAINT IN DIVORCE 1. PlaintilT Ia Richard Oland Espigh, Jr., an adult individual, cunently retldIng at 849 Brian Drive, Enola, Cumberland County, PelUl8'Jlvania. 2. Defendant is Daria Kay Espigh, an adult individual, cunently reaidlng at 849 Brian Drive, Enola, Cumberland County, Pennsylvania. 3. PlaintilT and Defendant are bonaflde residents of the Commonwealth of Pennsytvania and have been 80 for at least sill months immediately previous to ths fl1ing of this complaint. 4. PlaintilT and Defendant were married on August 10, 1991 in Cumberland County, Pennsylvania. 5. There have been no prior actions for divorce or annulment between the parti.... 6. The Defendant is not a member of the Armed Forc... of the United States of America, or its Al\les. 7. The PlaintilT baa been advised of the availability of counseling and the right to request that the Court require the parties to participate in counseling. Knowing this, tile PlaIntilT does not desire that the Court require the parties to participate in counseling. 8. PlaIntilT and Defendant are citizell8 of the United States of America. 9. The parties' marriage is irretrievably broken. 10. PlaIntilT desires a divorce baaed upon the belief that Defendant will after nInet1.llrom the date of the riling of this Complaint, consent to this divorce. @ ~ t. ~ - 0 .)0 - ,...r-- - - ~ 0>> . .... ~ . 1t* ~l "':: t.l..- '.>, I,'." "" ~\ r-- . V) '.., C"" - - -:'. = ~ " " :1 ! i! I' !! ii RICHARD OLAND ESPIGH, JR, : IN THE COURT OF COMMON PLEAS OF , Plaint.ll1' : CUMBERLAND COUNTY, PENNSYLVANIA 11 Ii !I v. : NO. 94-6780 CIVIL TERM Ii DAltLA KAY EBPIGH, II Defendant: IN DIVORCE I. Ii :1 'I AFFIDAVIT OF CONSENT II I 1. A Complaint in Divorce under Section 3301(c) of the Divorce Code was fUed on October ; I 7, 1994. II I' 2. The MarrIage of Plaintiff and Defendant is irretrievably broken and ninety (90) days have , elapled from the date of the llIing of the Complaint. , II 'I 3. I consent to the entry of the final Decree of Divorce. I 4. I have been advised of the availability of ma.rrIage COl1/l.8ellng, that I may request that the II Court require that my spouse and I participate in counseling, and that the Court maintains a list of II marriage counselors in the Prothonotary's Office, which list is available to me upon request. Being so i I advised, I decline to request that the Court require that my spouse and I participate in counseling. II 6. I understand that I may lose rights concerning alimony, division of property, lawyer'. f_ Ii II or expelUlell if I do not claim them before a divorce is granted. I I VERIFY THAT THE STATEMENTS MADE IN THE FOREGOING AFFIDAVIT ARE TRUE Ii ANDCORREcr. I UNDERSTAND THAT FALSE STATEMENTS HEREIN ARE MADE SUBJECl'TO I THE PENALTIES OF 18 PA. C.S. SECTION 4904 RELATING TO UNSWORN FALSIFICATION TO i I AUTHORITIES. II 1-<:)- 1S- .!:.d..,~; ~7 Date ~ en - ~ ,.~- :r.: ..,.. '0 '... -- % ~ RICHARD OLA."D ESPIGH, JR., Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 9H780 CIVIL TERM DARLA KAY ESPIGH, Defendant IN DIVORCE AFFIDAVIT OF SERVICE I I HEREIlY CERTIFY THAT I lerved a certified copy of the Complliint in Divorce flied in the above I captioned cue upon Daria Kay Eeplgh, by certil1ed mail. return receipt requested on October 7, 1994 I ad.u-e-d to: Daria Kay Espigh 849 Brian Drive Enola, P A 17025 and Daria Kay Espigh did thereafter receive same 88 evidenced by the attached POlIt 0fIlce receipt card dated October 13, 1994. II I VERIFY THAT THE STATEMENTS MADE IN THE FOREGOING AFFIDAVIT OF SERVICE II ARE TRUE AND CORRECT TO THE BEST OF MY KNOWLEDGE, INFORMATION AND BEUEF. I 'I UNDERSTAND THAT FALSE STATEMENTS HEREIN MADE ARE SUBJECT TO THE PENALTIES I OF 18 PAC.S. SECTION 4904 RELATING TO UNSWORN FALSIFICATION TO AUTHORITIES. II LAW OFFICES OF RON TURO I '-',/' . !c.,- I, , " ,I D~te " , 6; :~': " ... '" .-., c....J . J.~ ~ " co f:"':':'l '"" .~ - ., C'...>