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HomeMy WebLinkAbout94-05995 . , _. " , _.'._..... ...':._... ..._... __ _.. _ _ .l<~_>*~__"'-.':_~?I . - ,- II t . . IN THE COURT OF COMMON PLEAS · ~ . . OF CUMBERLAND COUNTY . . * . . . . STATE OF ~,., PENNA. . , . . . , WILLIAM S. THOMPSON, il . . Plaintiff I N 0.,....94,,5995 ...........,,,,,, 19 .' !i ' 'v " .~UI . . ' STEPI/ANIE,.L., THOMPSON. . , De fendant' " ,1 " ! t , . . . DECREE IN . : DIVORCE · , I ? · . AND NOW, .. '-',pr.; ..' ..'i.. .. .. .. .. ... 19'7, .., it is ordered and ~ Ii, decreed that,.""., ,~'lr,q~l:q. ,'Tl:lQ~~Q~.""".,...""..,." plaintiff, . ~ . . and, . . , . , , , . , , , , , . , , . Sl'El'lWIIE. J.., 1'1IOMPS0N, ' , , , , . ' , . , , , , , . . '. 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; NONE 8 . , , T,hh, A,8,r.e.e!,,-,en,t pf,Ma.r.c,h .6., ,l,~~7, ,is. ,he,r(lby, ,inc.or:r.~r:~t,(ld ,~nt(~ ,~l)(l , . . , , , , , . " ' , EJ.na.l, I)J.,vGrce. Decree., ' , , ' , ' , , , , ' , , , , , , , ' , , , , , , , , , , , , . ' , , , , ' , , , , , , . . . , . , , 8 : 8 . ~ : n y T h~e . CiIL I!~u/ll'. 8 " 8 . . AlIest: a:~ f' ~,.Ii . J., . ~#(+f<,{ k' ~~, ~ : ~ !l__-_~_-..'-. _"_,,,, .,... '..' _.., f , , prothonotary: t .---------------------- . . based on the parties equally sharing custody of the minor child. The said child support payments shall be modifiable based on e chenge In the custodial arrangements or a change in circumstances. In addition to the child support 85 set forth herein, Husband agrees to pay the private school tuition paymentll for the minor child of the parties. 7. ALIMONY/CHILD SUPPORT. Upon the sale and settlement of the marital residence. Husband shall pay to Wife In the form of alimony. the sum of Six Hundred Fifty ($650,00) Dollars per month beginning in the month following the sale of the marital residence and ending twenty-four (24) months thereafter. All such payments by Husband to Wife shall be deemed alimony, as defined in Section 71 (bl (1) (A) of the Internal Revenue Code as amended, and as said Section is amplified by the provisions of the Tax Reform Act of 1984 and Tax Reform Act of 1986. and any future laws or regulations related thereto. Payments from Husband. when received by Wife, shall be deductible In the year of payment by Husband pursuant to Section 215 of the Internal Revenue Code. as amended, or any similar future laws or regulations thereto, and shall be includable in the year of receipt in the gross income of Wife pursuant to Section 71 (b) (1) (A) of the Internal Revenue Code, as amended or any similar future laws or regulations thereto, Provided, however, that all payments of alimony from Husband to Wife sh,,1I 4 . terminate upon the death of either party or upon Wife's remarriage or cohabitation. The said alimony payments shail be non-modifiable as to duretlon or amount. Upon the sale of the marital residence and pending the beginning of the alimony payments the month foilowing, Husband shail pay to Wife a pro'rated share of the slimony due for the month In which the house is sold. 8. ADVANCED EDUCATION. The parties shail contribute to the coilege education of their minor child in proportion to their incomes at the time the expense is generated after taking into account all grants, loans, schoiarships or the child's contribution, 9. LIFE INSURANCE. Husband agrees that he shall maintain a life insurance poliCY in the amount of $250,000.00 in death benefit naming Wife as a beneficiary to the extent of the then existing alimony obligation to her, with the remaining death benefit designated to the parties' minor child, Ivy. Once the alimony payments pursuant to Paragraph 7 hereof are paid in fuil, the entire proceeds of the insurance polley shall be payable to Ivy as aforementioned. 10. TAX ON PROPERTY DIVISION, Husband hereby agress to pay ail income taxes assessed against him, if any, as a ,esult of the division of the property of the parties hereunder, Wife hereby agrees 5 . to pey ell incOi'l'le taxes assessed egainst her, if any, as I result of the division of the property of the perties hereunder. 11. 199(1 TAX RETURN. The parties shall file a Joint Income tax return for the tax yaar 1996 and shall share equally any refund generated by said return. In the event there Is a tax Iiebility, Husband shall assume sole responsibility for said liability. 12. 8REACH. If either party breaches any provision of this Agreement, the other party shall heve the right, at his or her election, to suo for damages for such breach, The party breaching this contract shall be responsible for the payment of legal fees and costs incurred by the other in enforcing his (Ir 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 Wife each represent and w;\lrrant to the other that he or she has made a full and complete dlsL;losurll to the othor of all assets 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 e.,<ecute and deliver to the other any deeds, 6 . bills of sale. assignment. consents to chenge 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 falls on demand to comply with this provision, that party shall pay to the other all attorneys' fees. costs and other expenses reasonably Incurred as a relult of luch failure. 1&. WIFE'S DEBTS. Wife represents and warrants to Husband that since the parties' separation she has not and in the future she will not contract or incur any debt or liability for which Husband or his estate might be responsible and shall indeml1ify and save Husband harmless from any and all claims or demands made against him by reason of debts or obligations Incurred by her, 16. HUSBAND'S DEBTS, Husband represents and warrants to Wife that since the parties' separation he has not end in the future he will not contract or incur any debt or liability for which Wife or her estate might be responsible and shall indemnify and seve Wife hermless 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. Except al herein otherwise provided. each party may dispose of hll or her 7 . I . property In any way. and each party hereby waives and relinquishes any and all rights h, or she may now hava or hereafter acquire. under the present or future laws of any Jurisdiction, to share In the property or the astate of the other as 8 result of the marital relationship, Including without limitation. dower, curtsy, statutory allowance, widow's allowance, right to take In intestacy, right to take against tha Will of the other, and right to act as administrator or executor of the other's estate, and elSch 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 relinquishment of all such Interests. rights and claims. 18. REPRESENTATION, It is recognized by the parties hereto that William S. Thompson is represented by Judith A. Calkin. Esquire and Stephanie L. Thomp!lon is represented by John J. Connelly, Jr.. Esquire, It is fully understood and agreed that by the signing of this Agreement, each party understands the legal Impact of this Agreement and further acknowledges that the Agreement Is fair and reasonable and each party intends to be legally bound by the terms hereof. 19, VOLUNTARY EXEC~TION. The provisions of this Agreement are fully understood by both parties and each party acknowledges that this Agreement Is fair and equitable, that it is being entered in.to volUnlarlly and that it is not the result of any duress or undue influence. 8 . , 20. ENTIRE AGREEMENT. This Agreement contains tha entire understanding of the parties and there are no representations, warranties, covenants or undertaking. other than those expre..ly set forth herein. 21. PRIOR AGREEMENT, It is understood and agreed that any and all property settlement agreements which mayor have been executed prior to the date and time of this Agreement are null and void and of no effect. 22. MODIFICATION AND WAIVER, Any modification or waiver of any provision of this Agreement shall be effective only if made in writing and executed with the same formality as 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 waiver of any subsequent default of the same or similar nature. 23. GOVERNING LAW, This Agreement shall be governed by and shall be construed in accordance with the laws of the Commonwealth of Pennsylvania. 24. INDEPENDENT SEPARATE COVENANTS. It I. specifically understood and agreed by and betwoen the partie. hereto that 9 . ' eech paragraph hereof shall be deemed to be a separate and independent covenant and agreement. 26. VOIl;) CLAUSES. If any term. condition, clause, or provision of this Agreement shall be determined or declared 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 raspects this Agreement shall be valid and continue in full force, effect and operation. 26. ENTRY AS PART OF DECREE, It Is the Intention of the parties that this Agreement shall survive any action for divorce which may be Instituted or prosecuted by either party and no order, judgement or decree of divorce, temporary, final or permanent, shall affect or modify the financial terms of this Agreement. This Agreement shall be made a part of any such judgment or decree of final divorce. 27. DIVORCE ACTION. The parties shall, at the time of the execution of the Agreement, execute documents necessary to finalize the divorce action including, but not limited to, the withdrawal of any claims pending under said action indexed to number 94-5995 Civil Term in the Court of Common Pleas, Cumberland County, Pennsylvania, as well as Affidavits of Consent and Waivers of Counseling and Waivers of Notice of Intention to Request .:ntry of a Divorce Decree, 10 - .,~. l LLI ': , , ,- ... ~~ <: I :j , :n I , . -~; L, ',J ,.l- I ..... , V 'oj l,'l 't . 21 " ~ '.h r ~, J,~, .," Ill: , , , -, ~-;\i. J.:~ I' ::i ..../ "i'?, ~\ " r~' ; 'll' ~l I~IJ L~ ! , I~ 1- -, ;.. "\ " r- (,) r,., '. I , , ~ . ,\~ \i-" . , ~ \tJ <:) ,~ \\'\ - - ~~' ~~ ~~'0i;" r('\ rC"I .... ~ \ ~\\\ ~ ,'a .~ 'i. .l~\\ 't~ 't~ 1 .... iIl~ ~'\ ..... ~:u ~- 't~ \....~ 0.... ~ u,.. .. 0 ~ . ~~ ,.:I t ~, . e ~ III . '\ ~ 1II ? 'i ~ ~ t' ... -- .,. ~t:- 04 " ,.~ ';1'"'\ .. '-"\":'(0'',1. ... ..,.;e t,)..\ d. :=.~. ~.)' ... \~..\..,,'S,:-- , C. ,,4\ .,' -' ',,:ll' ..- ':.:. \.' \~ ~C V,I '. ;':~\,)l .-. ,\:J,~ -) ..~ ~ .........! ~ '0'" ~ ~ . " . . ' . , . .' . . . . . . .' III . . " WILLIAM S. THOMPSON, I IN THE COURT OF COMMON PLEAS Plaintiff I CUMBERLAND COUNTY, PENNSYLVANIA I vs. I NO. I STEPHANIE L, THOMPSON, I CIVIL ACTION-LAW Defendant I IN DIVORCE COMPLAINT IN DIVORCE 3301(c) 1. Plaintiff is WILLIAM S. THOMPSON, who resides at 103 A. Umberta, New Cumberland, Cumberland County, Pennsylvania. 2. Defendant is STEPHANIE L. THOMPSON, who resides .st 380 Walton Street, Lemoyne, Cumberland County, Pennsylvania. 3. Plaintiff has been a bona fide resident in the Commonwealth for at least six months immediately previous to the filing of this Complaint. 4. T~e Plaintiff and Defendant were married on September 7, 1985 i~ Cumberland County, Pennsylvania. 5. There has been no prior action for divorce or for annulment between the parties. 6. The Defendant is not a member of the Armed Forces. 7. The marriage is irretrievably broken. 8. Plaintiff has been advised of the availability of marriage counsel ing and that he may have the right to request the Court to require the parties to participate in such counseling. Being 80 advised, Plaintiff does not request that the Court require the parties to participate in >- ,... 0:' .. {.~.' ..:t ; r- .. . 'ct;' N;' N ~'; ),;..00 ~1.-: tt~ ,I;J C.: ~ 'r r'" ul" .') I" IT!', '" " ;;;; " (: ,""'/J " ~ ,;.!., l.! ,... T'':'; (~. oJ en v . " . ,.. " , '-. ... . ., , WILLIAM S. THOMPSON I IN '1'HI COURT or COMMON ,LallI Plaintiff . CUMBERLAND COON'l'Y, PDQfIYLVAJltA . I v.. . NO. 94-599~ Civil Term . STEPHANIE L. THOMPSON . CIVIL AC'l'ION-nr DIVORCE . Defen4ant I IN DIVORC. ~'IDAvrr o. .'InI\rr~ I, Ju4i th A. Calkin, ..quire, cSepo.e. and .ay.: 1. That: .he i. an adult 1ndi vidual redd1nv in oaupb1n Coun~y, PenA8ylvania. 2. That on 10/19/94 .he .ant by certified ..il ll'..trio~ed delivery, return receipt reque.ted froa Barri.bUZV, ~ylvani. (No. 150 784 477 ) the divoroe coaplaint in the abOve.oaptioned ca.e to: Stephanie L. Thompson 380 Walton Street Lemoyne, PA 17013 3. That on 10/24/94 Stephanie Thompson.ivnecS the receipt No. 150 784 477 wbich i. attacud to thi. alfidavit. . th A. Calkin, Iiqu!re ttornay for the Pla1ntiff 2201 Ncrth S.cond Str..t B&rri.bln'q, PA 17110 (717) 231-2312 . . . ~ . ,. ~ ..0 .,.. Ci \.. ;:, 51 '.J f :C 1,--> (;,. )~ ~;> \D '" Cl - ,~i ~ C; ::J ,.I "" ~ ~ $ . "'. . . *., . . " , I ) .. .' . I 'l I "I' \ .t 'Ii\'" ., , "" ~ # , t; ,_; ~, -. , No. _......__..._... T.,., It......... ......................---................ 'fa ......................................... P1AICI.1 ~ ........................... 1'_..... ...............--.................. ,~Iy, ...-........-....................~.--..-- 0 ..:> n , -J I -~ I "\" J ('" .J " (~' , J (/ 1,-, -. ~_:!. ....J ::t ;,"1: ~ .' ; . .' " ~) , -.,.~ '.,-. ~ , '.' " r:" ,- 'CI ...J. :< .' , . , , ., ~ " ,. " I' fully IS If he or she were single and unmarried. except as may be necassary to carry out the provisions of this Agreeme~t. Neither party shall molest or enempt to endeevor to molest the other, or in any way harass or malign the other, nor In any other way Interfere with the peaceful existence, separate and aplrt from the other. Each of the parties hereto completely understand and agree that neither shall do or say anything to the child of the partltls at any time which might in any way Influence the child adversely against the other party. 3. DIVISION OF REAL PROPERTY. The jointly titled residence of the parties located at 380 Walton Street, Lemoyne, Cumberland County, Ponnsylvania is presently listed with Remax Real Estate with a list price of .120,000.00. Upon the sale of the re81 estate, the parties will deduct the ordinary closing costs as well as liens of record and shall divide the ~roc..ds sixty (60%) percent to Wife and forty (40%) percent to Husband. The parties shall report any gain in proportion to the distribution of their proceeds. Sixty 160%) percent to Wife and forty (40%) percent to Husband. 4. DIVISION OF PERSONAL PROPER'('l. The parties have divided between them to their mutual satisfaction, personal effects, household goods and furnishings and all other articles of persona' properly which have heretofore been used in common by them, and neither party will make any claim to any such items which are now in the posseSSion or under the control of the 2 based on the parties equally sharing custody of the minor Child. The said child support payments shall be modifiable based on a change In the custodial arrangements or a change in circumstances, In addition to the child support as set forth herein, Husband agrees to pay the prill8te school tuition payments for the minor child of the parties. 7. ALIMONY/CHILD SUPPORT. Upon the s81e and settlement of the marital residence, Husband shall pay to Wife in the form of alimony, the sum of Six Hundred Fifty ($650.00) Dollars per month beginning in the month following the sale of the marital residence and ending twenty-four (24) months thereafter. All such payments by Husband to Wife shall be deemed alimony. as defined in Section 71 (b) (1) (A) of the Internal Rellenue Code as amended. and as said Section is amplified by the provisions of the Tax Reform Act of 1984 and Tax Aeform Act of 1986, and any futurslaws or regulations related thereto. Payments from Husband, when receilled by Wife. shall be deductible in the year of payment by Husband pursuant to Section 215 of the Internal Aevenue Code, as amended, or any similar future laws or regulations thereto, and shall be includable in the year of receipt in the gross income of Wife pursuant to Section 71 (b) (1) (AJ of the Internal Revenue Code. as amended or any similar future laws or regulations thereto. Provided, howeller. that all payments of alimony from Husband to Wile shall 4 \ terminate upon the death of .ith.r party or upon Wife's remarriage or cohabitation. Th. said alimony payments shall be non-modifiable as to duration or amount. Upon the sale of the marital residence and pending the beginning of the alimony payments the month following, Husband shall pay to Wife a pro-rated share of the alimony due for the month in which the house Is sold. S, ADVANCED EDUCATION. The parties shall contribute to the college education of their minor child in proportion to their incomes at the time the expense is generated after taking into account all grants, loans, scholarships or the child's contribution. 9. LIFE INSURANCE. Husbend agrees that he shall maintain a life insurance poliCY in the amount of $250.000.00 in death benefit naming Wife as a beneficiary to the extent of the then existing alimony obligation to her. with the remaining death benefit designated to the parties' minor child, Ivy. Once the alimony payments pursuant to Paragraph 7 hereof are paid in full, the entire proceeds of the insurance poliCY shall be payable to Ivy all aforementioned. 10, TAX ON PROPERTY DIVISION, Husband hereby agrees to pay all income taxes assessed against him. if any, as a result of the division of the property of the parties hereunder. Wife hereby agrees 5 \ ' to pay all income taxes assessed against her, If any. as II result of the division of the property of the parties hereunder. 11. ]996 TAX RETURIII. The pertles shall file a Joint Income tax return for the tax year 1996 and shall share equally any refund generated by said return. In the event there Is 8 tax liability, Husband shall assume sole responsibility for said liability. 12. BREACH. If either party b'eaches any provision of this Agreement, the other party shall have the right. l!t his or her election. to sue for damages for such breach. The party brV8chlng this cormact shall be responsible for the payment of legal fees and costs incurred by the other in enforcing his or her rights under this Agreement, or seeking suCh othor remedy or relief as may be available to him or her. 13. FULL DISCLOSURE. Husband and Wife each represent and warrant to the other that he or she has ma::!e a full and complete disclosure to the other of all assets of any nature whatsoever in which such party of every wpe whatsoever and all othtlr facts relating to the subject matter of this Agreement. 14. ADDITION~L INSTRUMENT. Each of the partieS shall on demand e."ecute and deliver to the othe, eny deedS. a bills of sale, assignment, consents to change of beneficiary on Insurance policies, tux returns and other documents and do or caused to be done any other act or thing that may be necessary or deslrllble to the proviSions and purposes of this Agreement. If either party falls on demand to comply with this provision, that party shall pay to the other all attorneys' fees. costs and other expenses reasonably Incurred as a relult of such failure, 15. WIFE'S DEBTS. Wife represents and warrants to Husband that since the parties' separation she has not and in the future lIhe will not contract or incur any debt or liability for which Husband or his estate might be responsible and shall indemnify and save Husband harmless from any and all claims or demands made against him by reason of debts or obligations incurred by her. 18, HUSBAND'S DEBTS, Husband represents and warrants to Wife that since the partiel' separation he has not and In the future he will not contract or incur any debt or liability for which Wife or her estate might be responsible and shall indemnify and save Wife harmless from any and all claims or demands made against her by reason of d8bts or obligations incurred by him. 17. WAIVERS OF CLAIMS AGAINST ESTATES, Except as herein otherwise provided, each party may dispose of hil or her 7 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 property or the estate of the other as a result of the marital relationship, including without limitation, dower, curtsy, statutory allowanco, widow's ellowance, right to take in intestacy, right to take against the Will of the other, and right to act as administrator or executor of the other's estate, and aach 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 relinquishment of all such Interests, rights and claims. 18. REPRESENTATION. It is recognized by the parties hereto that William S, Thompson Is represented by Judith A, Calkin, Esquire and Stephanie L. Thompson is represented by John J. Connelly. Jr., Esquire. It is fully understood and agreed that by the signing of this Agreement, each party understands the legal impact of this Agreement and further acknowledges that the Agreement is fair and reasonable and each party intends to be legally bound by the terms hereof. 19, VOLUNTARY EXECUTION, The provisions of this Agreement are fully understood by both parties and each party acknowledges that this Agreement is tair and equitable. that it is being entered into voluntarily and that it is not the result of any duress or undue influence. 8 \' 20. ENTIRE AGREEMENT. ThiS Agreement contains the entire understanding of the parties and there are no representations, warranties. covenants or undertakings other than those exprellly set forth herein. 21. PRIOR AGREEMENT. It is understood and agreed that any and all property senlement agreements which mayor have ~een executed prior to the date and time of this Agreement Ire null and void and of no effect. 22. MODIFICATION AND WAIVEB. Any modification or waiver of any provision of this Agreement shall ~e effective only if made in writing and ex,ecuted with the same formality as this Agreement. The failure of either party to insist upon strict performance of any of the provisions of this Agreement shall not ~e construed as a waiver of any subsequent default of the same or similar nature, 23. GOVERNING LAW, This Agreement shail be governed by and shall be construed in accordance with the laws of the Commonwealth of Pennsylvania. 24, INDEPENDEN"f SEPARATE COVENANTS, It is specifically und8lstood and agreed by and between the parties hereto that 9 " each paragraph hereof shall be deemed to be a separate and Independent covenant end agr.ement. 215. VOID CLAUSES. If any term, condition, clause, or provision of this Agreement shall be determined or declared 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 Agreement shall be valid and continue in full force, effect and operation. 26, ENTRY AS PART OF DECREE. It is the intention of the parties that this Agreement shall survive any action for divorce which may be instituted or prosecuted by either party and no order, Judgement or decree of divorce. temporary. final or permanent. shall affect or modify the financial terms of this Agreement, This Agreemcmt shall be made a part of any such judgment or decree of final divorce. 27. DIVORCE ACTION. The parties shall, at the time of the execution of the Agreement, execute documents necessary to finalize the divorce action including, but not limited to, the withdrawal of any claims pending under said action indexed to number 94-5995 Civil Term in the Court of Common Pleas, Cumberland County, Pennsylvania, III well as Affidavits of Consent and Waivers of Counseling and Waivers of Notice of Intention to Request Entry of a Divorce Decree, 10 WILLIAM S. THOMPSON, . tN THE COURT OF COMMON PLEAS OF . Plaintiff I CUMBERLAND COUNTY, PENNSYLVANIA . . I CIVIL ACTION - LAW . . 5995 VS. . NO. CIVIL 19 94 . STEPHANIE L. THOMPSON, : Defendant IN DIVORCE STATUS SHEET Eill: - F1l~ I) OF -rnf Pf'1()II1f)~\QTMlV " ' 96 AUG 22 Ai'l 9: 29 CUMbi::.r\'.J'" J ,;OJ 1','lY PENNSYLVANIA ,"t I '" r:: c -, e. n.. ,31 I~ :a . ~. - :-J,i N :r ~ f:'l , '~ -' I. -= ;.:: ~ ~ -:\ 0 '1 ".,' . ~ "I ,,, ,.,.j "tll JI' ,. ! :,;~" i . 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