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HomeMy WebLinkAbout94-06248 d',-j I. ,It .1 \,\\ ~ ., '., " I, I I .::i , I ,II a Ii" I' cf) , it I I' , , , I '. ,. . " .., , , ., ., ,. , iF " -",' $ .., I , , , ::F ., ~ , cD '. , .,! " '. ,., " 11,.,1 " " ~ j ... Ii, 00 '':t' ()s ~ , , ... ". ,t:.A- If ) "~<lF/ri ..J i'I' . . I -------------.~----->--~------~ . .~, ___~__._ .._ ____.~__v___.____,.__..._ _._ _ _ ______._.._____._____.___ . . . * 3 * 8 ~ 8 8 . . 8 8 ~ ~ " . . 8 8 8 . * 8 * 8 . * * * 8 8 8 8 *i . i . . 8 . . 8 8 * * * , . . . . ~----- IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY STATE OF '* PENNA. KEITH R. BARTLES, ['\; \l.6.~41;l. .. . <avH II) 94 PLAINTIFF Vt.'I';oiIlS BARBARA A. BARTLES, Dn'ENDANT DECREE IN D I V 0 R C tit 2.~ 02..f.J1 ANDNOW~..~'......, 19't..... it is ordered and KEITH R, BARTLES .. plaintiff. .. defendant. decreed that .......... and . . . . . . . . . . . . . . . . .. . . . . . BAR.BARA..A '. . BA.RTLES 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 0 final order has not yet been entered; THE PARTIES MhRITAL SETTLEMENT AGREEMENT OF OCTOBER 26, 1995 IS INCORPORATED HEREIN AS A FINAL ORDER OF COURT, ny i ALl _ ~~'..a E'i "- E'~~ J. ~~~L( K' ~tf,. f ~ Prothonotary ~ :<<. .:c. .:<<. .:.:. .:.:. '.' .:.;. .:e;. ':4:' -:.:. -:.:. .:.:. ~ 8 M 18 \8 I~ I. 1M I~ I~ I~ I~ !~ ( . :~ '~ ,~ .~ i :~ ~ ~ ~ ~ ~ ~ i WHEREAS, Husband and Wife are represented by separate legal counsel who has advised each of his and her respective rights, privileges, duties and obligations relative to their property rights and interests under the Divorce Code and regarding alimony and spousal support; and, WHEREAS, each party is fully familiar with the martial property and both parties now desire to settle and determine his and her property rights and claims under the Divorce Code including all claims regarding equitable distribution of marital property, alimony, spousal support and related economic claims. NOW, THEREfORE. the parties hereto, intending to be legally bound, do hereby covenant and agree as follows: 1. The parties agree to the entry of a Decree in Divorce pursuant to Section 3301(c) of the Divorce Code. Both parties shall execute and file the requisite Consents with the Court contemporaneously with the execution of this Agreement. Counsel shall withdraw their respective clients' claim for economic relief. The Husband's attorney shall file the Praecipe To Transmit The Record and obtain a Divorce Decree without delay. Should either party do anything to delay or deny the entry of such a decree, or fail to do anything required to obtain the Divorce Decree in breach of this Agreement. the other party may, at his or her option, declare this Agreement null and void. ab initio. 2, This Agreement and all warranties and representations contained herein shall survive the Divorce Decree and shall continue to be enforceable in accordance with its terms. This Agreement shall be incorporated into the Divorce Decree but shall not merge 2 . . with the Divorce Decree, No Court may change the terms of this Agreement and it shall be binding and inclusive upon the parties. An action may be brought at law, in equity or pursuant to the provisions of the Divorce Code to enforce tbis Agreement by either Husband or Wife. In the event of a reconciliation, allempted reconciliation or other cohabitation of the parties hereto after the date of this Agreement, this Agreement shall remain in full force and effect in the absence of a wrillen Agreement signed by the parties expressly stating that this Agreement has been revoked or modified. 3. Wife shall be entitled to have the items of personal property listed in Exhibit "A", which is attached 10 this Agreement, returned to her, which items of personal property are located at 3681 Enola Road, Newville, Pennsylvania, the former marital residence. A~ide from the foregoing, the parties have divided between them to their mutual satisfaction their personal effects, household furniture and furnishings, automobiles and all other articles of tangible personal property which have heretofore been used by them in common and neither party will make a claim to any such items which are now in the possession or under the control of the other. Each party will execute any and all documents necessary to effectuate the transfer of ownership of any items of personal property titled in both names, The party receiving sole ownership of such items shall pay all costs associated with the transfer. 4. With the exception of Husband's pension with the Teamsters, the parties have divided between them to their mutual satisfaction all intangible personal property, consisting of cash, bank accounts, annuities, securities, insurance policies, pension and retirement 3 rights, whether vested or contingent, and all other such types of property. The parties hereby agree that all such intangible property presently in the possession of or titled in the name of tbe Husband shall be his sole and separate property and in that which is in the possession of or titled in the name of Wife shall be her sole and separate property. 5. Husband and Wife shall agree that Husband has a vested interest in a pension with the Central Pennsylvania Teamster's Pension Fund.Part I, relating to his employment from July 1, !980 to December 31, 19116. all of which period of time falls within the period from the date of marriage on Fehruary 14, 1971, until their separation on April 1, 1993. The parties hereby agree as follows: a. The marital property component of Husband's aforesaid retirement benefits equals the coverture fraction, as defined below, multiplied by Husband's retirement benefit on the date of separation of the parties on or about April 1, 1993, b, The coverture fraction is a fraction with a value less than or equal to one. The numerator is the amount of time Husband was employed and contributions were made by him or on his behalf to the Central Pennsylvania Teamster's Pension Fund.Parts I and II, but only for such a period oi time before the separation of the parties on April I, 1993; specifically the numerator covers the period from July I, 19110, until April I, 1993. The denominator is the total period of time during which Husband was employed and contributions were made by or on his behalf to the Central Pennsylvania Teamster's Pension Fund.Part I or Part II, as calculated by the employer, specifically the denominator covers the period from July I, 19110, until termination of employment, approximately on May I, 4 : . 1995. c. Husband and Wife agree that at such time as Husband reaches retirement age under the aforesaid plan. Wife shall be entitled to be paid directly, such payments as she is due under this Agreement, which payments shall rellect Fifty (50%) percent of the marital property component of Husband's retirement benefit, d. Wife's share of the aforesaid pension payments may be reduced to the extent that there may he any administrative costs arising out of the separate payment to Wife. e. In the event the actuarial computation is necessary to determine actuarial equivalents and/or the difference between benefits actually accrued. non-subsidized benefits, or employer subsidized benefits, the plan administrator shall obtain the services of any actuary who is enrolled under subtitle "e" of Title III of the Employment Retirement Security Act of 1974. f. Any reasonable costs incurred by the plan administrator to effectuate the terms and provisions of the Qualified Domestic Relations Order to be entered pursuant to this Agreement, shall be assessed againslthe parties such that each pays 50% of the balance of the costs. g. The parties shall promptly notify the plan administrator of any change in their addresses from those set forlh in the eventual Qualified Oomestic Relations Order, and the parties shall promptly submit the proposed Order to the plan administrator for I .1 \;j ! determination of its status as a Qualified Domestic Relations Order. t , 5 ,'. h. To the extent that the Central Pennsylvania Teamsters Pension Fund may require any non-substantial changes in the terms of this Agreement, or in the proposed Qualified Domestic Relations Order, the parties hereto agree to cooperate in making said changes with reasonable promptness, to facilitate the equitable distribution of Husband's aforesaid pension. 6, The parties are owners of real estate, being a small commercial building, located at 123 Lincoln Street, Carlisle, Cumberland County, Pennsylvania. Husband has signed an Agreement of Sale with Latonia R. Nelms for the sale of said real estate, subject to purchaser obtaining a special exception use permit from the Borough of Carlisle for use of the building as a beauty shop, and settlement will thereafter be held within ten days, At settlement of the said real estate, the proceeds of the sale, after the customary deductions are made for seller's expense, shall be distributed as follows: 1/3 of the net proceeds will be distributed to Husband and 2/3 of the net proceeds will be distributed to Wife. This unequal distribution stems from Husband's collection of all of the rent from the tenant of the real estate during the parties' separation. 7. Except as herein otherwise provided, each party represents that she and he have not heretofore incurred or contracted any debt or liability or obligation for which the other may be held responsible or liable. Each party agrees to indemnify and save and hold harmless the other from and against all such debts, liabilities or obligations of any kind which may ha\le heretofore been incurred between them except the obligations arising out of this Agreement. 6 .r 8. Wife presently has an Order in her favor for spousal support from Husband through the Cumberland County Domestic Relations office to DR '* 23, 297 to No. 1124 Support 1994. The parties agree that Husband has an arrearage of $750.00 relative to his support obligation to Wife. Husband shall be responsible to pay in full the arrearage on the said support obligation on or before the date of settlement of the real estate owned by the parties, and if Husband has not paid in full the arrearages by the time of settlement of the said real estate, Husband's proceeds from settlement as set forth in paragraph six in this Agreement shall be reduced by the amount of arrearages then owing to Wife. As of the date of this Agreement. Wife agrees to withdraw her claim for support against Husband and there shall be no further sums due and owing in connection with Husband's support obligation to Wife in excess of the above stated arrearages. 9, Both parties covenant, warrant, represent and agree that each will now and at all times hereafter save and keep the other indemnified against all debts, charges, or liabilities incurred by the other after the execution of this Agreement, except as may be otherwise specifically provided for by the terms of this Agreement and neither of them shall hereafter incur any liability whatsoever for which the estate of the other may be liable. Each party further agrees to indemnify and save and hold harmless the other from any and all liabilities he or she may incur upon the obligations of or assumed by the other, which indemnification as to all provisions of this Agreement shall include the right to recover out of pocket expenses and reasonable attorney's fees actually incurred. 7 I' 10. Both parties agree that the hereinabove set forth Agreement constitutes and equitable distribution of their marital property and equitable distribution of all other economic claims pursuant to the provisions of the Divorce Code and each party irrevocably waives, releases, and remises any claim to ownership of or interest in any property designated as the property of the other by virtue of the provisions of this Agreement except as otherwise may be provided pursuant to the provisions of this Agreement. 11. Husband does hereby release, remise, quitclaim and forever discharge Wife and the estate of Wife from any and all claims he now has, ever may have or can at any time have against the Wife or her estate or any part thereof, whether arising out of formal contracts, engagements or liabilities of the Wife, arising by any right to take against the Wife's Will, arising out of the Divorce Code, Act No. 26 of 1980, as amended, including, alimony, alimony pendente lite, counsel fees and expenses, arising as a right to spousal support or arising by any nature whatsoever, excepting only those rights accorded to the Husband under this Agreement. 12. Wife does hereby release, remise, quitclaim and forever discharge the Husband and the estate of the Husband from any and all claims she now has, every may have or can at any time have against the Husband or his estate or any part thereof, whether arising out of formal contracts, engagements or liabilities or the Husband, arising by way of the widow's right or under the Intestate law, arising by any right to take against the Husband's Will, arising under the Divorce Code, Ar.t 26 of 1980. as amended, including, alimony, alimony pendente lite, counsel fees and expenses, arising as a right to spousal 9 support arising by any nature whatsoever, excepting only those rights accorded to the Wife under this Agreement. 13. If either party to this Agreement resorts to a lawsuit or other legal action pursuant to provisions of the Divorce Code or otherwise shall enforce the provisions of this Agreement, the successful party shall be entitled to recover his or her reasonable counsel fees, actually incurred, from the other as party of the judgment entered in such legal action, whether in law, in equity, pursuant to the provisions of the Divorce Code or otherwise as the same shall be determined by the Court. 14. The parties do hereby warrant, represent and declare and do acknowledge and agree that each is and has been fully and completely informed of and is familiar with and is cognizant of the wealth, real and/or personal, estate and assets, earnings and income of the other and that each has made a full and complete disclosure to the other of his and her entire assets and liabilities and any further enumeration or statement thereof in this Agreement is specifically waived. 15. This Agreement constitutes the entire understanding of the parties. There are no covenants, conditions, representations or agreements, written or oral, of any nature whatsoever, other than those herein contained. 16. This Agreement is subject to modification only by a subsequent legal writing signed by both parties. It shall be construed according to the laws of the Commonwealth of Pennsylvania. 9 .. . 17. Husband and Wife acknowledge that each of them has read and understands his or her rights and responsibilities under this Agreement, that he and she have executed this Agreement under no compulsion to do so but as a voluntary act. being apprised of its consequences. 18. This Agreement shall bind and inure to the benefit of the parties hereto and their respective heirs. executors, administrators, successors and assigns. IN WITNESS WHEREOF, the parties hereto have set their hands and seals the day and year first above written. WITNESS: ~t/.~ ~c;;f(.t:r~-- " KEITH R. BAR ES .. (:';~Y?~<.;::?<_~l~ A'(::';>'~ ~2"& __ ~ .. . BARBARA-A. BARfiES domc'lI./dlvo.../1>4..'....p ('" ", STATE OF PennsylvanIa COUN1'V OF Cumberland I I SS. : AND NOW, this~"'1tay of Oc.lober, 1995, before me, the undersigned officer, personally appeared KEITH R. BARTLES, known to me (or satisfactorily proven) to be the person whose name is subscribed to the within instrument, and acknowledged that he executed same for the purposes therein contained. IN WITNESS WHEREOF, I hereunto set my hand and official seal. ~F~ STATE OF Pennsylvania COUNTY OF Cumberland .._,_ '1otanaiSell/ ~ F. u~.r. NOIaIy PIJbIo I.+;;comm~~~/.~1."81S~~ " "''tn.~..i;;;;,i;I~'''::;;:;'-__'~ . ~fll"ll'NI,I':ii~'S SS. AND NOW, thiN7 ~~ of l~Ql , 1995, before me, the undersigned officer, personally appeared BARBARA A. BARTLES, known to me (or satisfactorily proven) to be the person whose name is subscribed to the within instrument, and acknowledged that she executed same for the purposes therein contained. IN WITNESS WHEREOF, I hereunto set my hand and official seal. '--. I- . , J I .C...IV... --=~...,- C1~.::a: } 1 vi 1 ~ ~ 1,1 - "r- 0 ." ... ?, 'II' ~ ::j.~'n.;)y, '" \;,if .... .. Nov I 2 49 PH '9~ 1.1 ' dl,t . :i -I ~I , I~ I, ~ " 'j I ';1 . it I r , t '. 1 \ ; I, ,~, .'!. ,\ " I;, \.., oJ- " "- ..~ -0 ~ 3 ~ II; . . i~5 . i! ~ ~ u ~~ ~ ~ ~. ~~ "" ~ c " ~~j A ". L - uu r: - .. c: . z ~ ~ , $ . 'M > .; 6 .... , ,.. Ill; l'II ~ , i~ ~ '... "" ~ .... IE E '.~ f. ~ ~~II; jSlI; A ~ ~ ~ . r. .... r 8 :s z , ,. .... '< Qj '" ~u ~ r :: '- I.; , .. &-: 7 a.: , 0 ~ Z ... .... '" . . '. I I ) '"\ I., t a .... ....to. ... ..... ~J I < I<EI'lll R. BARl'IES, IN 'l1lE CXllRl' OF CXH<<:N PLEAS (II' aJHBERLAND CXXJm'Y, PDlNSYLVANIA Plaintiff v. 94- t.:I" l' CML 'mRM BARBARA A. Bl\Rl'IES, Defendant IN DJ:\lalCE <nIPIAINT UNIER SECTIOO 330l/cl (ll. 330l/dl (II' 'l1lE DIValCE ODE 1. Plaintiff is I<EITH R. BAR'l'lES, an adult iOOividual who currently resides at 3681 Enola Road, Newville, CUrrtlerland County, Pennsylvania. 2. Defendant is ElARBARA A. BARTLES, an tldult individual who currently resides at 161 East North Street, Carlisle, CUntlerland county, Pennsylvania . 3. Plaintiff and Defendant have been bona fide residents in the Catroonwealth of Pennsylvania for at least six IOOnths imnediately previous to the filing of this catplaint. 4. The Plaintiff and Defendant were llm'ried on February 14, 1971, in Carlisle, CUrrtlerland County, Pennsylvania. CXXlNI' I - Drvaa: 5. Plaintiff hereby incorporates by reference paragraphs one through four as if each evermer:t were set forth fully hereunder. 6. There have been no prior actions of divorce or for IUUIUlment between the parties as to their current rrerriage. il 7. Neither Plaintiff nor Defendant is in the AImed Forces of the United States. 8. Plaintiff avers that the lli!lITiage between the perties is irretrievably broken. , II II <l g. The Plaintiff has been lIdvised of the availebility of CClWllIeling and that he llIlY have the right to request that the court require tha parties to participate in counseling. WIlER1!:FOOE, Plaintiff respectfully requests that tlUs Honorable Court enter a decree in divorce as to the marri.agls bebleen Plaintiff and Defendant. allNl' II - DJITIIRT Jr. DIS'lRIBl1l'IOO 10. Plaintiff hereby incorporates by reference all of the averments contained in paragraphs one through nine of tlUs Carplaint. 11. The parties have acquired rotor vehicles, hane furnishings, bank accounts, and other miscellaneous itEl1lll of personal property during the time of the marriage, which itElllS are marital property. 12. The parties have been unable to agree as to the equitable division of seJd IlVIdtal property. WIlER1!:FOOE, Plaintiff respectfully requests that tlUs Honorable Court enter a decree which effects an equitable distribution of the marital property. Respectfully subnitted, 0' BRIEN, BARIC" SOIERER ~a.~ DIlte: 10, U." .... Michael A. Scherer, Esquire I.D. 61974 17 West South Street Carlisle, PA 17013 (717) 249-6873 Attorney for Plaintiff . V!lUPICATIa. I verify that the stat_nta IIIlIde in this CQlplaint are true and correct. I understand that false statt!llleJ1tB herein are IMde subject to the penalties of 18 Pa, C.S. S 4904, relating to unsworn falsification to authorities. ~ / 'e. . . / '~'. ~#- KE 'DI R. IWnUS Date: /0 -- .2 7 - ?,Y . , ~BITH R. BARTLBS. plaintiff IN THE COURT 0' COMMON PLIAS or CUMBBRLANDCOUNTY, PENNSYLVANIA 94-6248 CIVIL TERM CIVIL ACTION-LAW IN DIVORCE v. I I BARBARA A. ,I :1 I I 1. BARTLES, Defendant AFFIDAVIT OF CONSENT A Complaint in Divorce under Section 3301 (c) of the Divorce Code was filed on November 1, 1994. ,I 2. The marriage of Plaintiff and Defendant is irretrievably ,. 'i :' broken and ninety 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 if a claim for alimony, alimony ,. ! pendente lite, marital property or counsel fees or expenses has not I I been filed with the court before the entry of a final decree 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 participate in counseling prior to a divorce decree being handed down by the court. 6. I am not a member of the Armed forces, nor in active military service, of the United States of America or the Commonwealth of Pennsylvania. 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., Section 4904, relating to unsworn falsification to authorities. Date: It) -:?~ - 9~- f&;2 ~/ : . ~_.:;--t- KEITH R. BARTLES !II a. ~,e ..,........ c.>>(~:! -=..;:8- ... ~- .. CI~..:a.~ ""~~':~ 14.1,..... _ClfIII -' ....... ,'; I....'.'.. ......... ,',at.i..- .~ ::> .....u f! .... lOt .'J c::o ~.,.') - ~ .11 ! !. I' .1 .1 v. IN THE COURT OF COMMON PLEAS or CUMBERLAND COUNTY, PENNSYLVANIA 94-6248 CIVIL TERM 1 KEITH R. BARTLES, Plaintiff BARBARA A. BARTLES, I I Defendant CIVIL ACTION-LAW IN DIVORCE 'I AFFIDAVIT OF CONSENT A Complaint in Divorce under Section 3301 (C) of the 1 . , Divorce Code was filed on November 1, 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 of a final decree of divorce. 4. I understand that if a claim for alimony I alimony pendente lite, marital property or counsel fees or expenses has not been filed with the court before the entry of a final decree in divorce, the right to ~laim 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 participate in counseling prior to a divorce decree being handed down by the court. 6. I am not a member of the armed forces, nor in active military service, of the United States of America or the Commonwealth of Pennsylvania. 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., Section 4904, relating to unsworn falsification to authorities. D t . / r / ~ ".' /;.r'/j a 8..' . ~ .-'.,1 ....-.' /.--:. J' / _...) ~-/. '.';...-./......~.~"',/,I',r ,'.w-~/".r'~../. BA~ARA A. BARTLES r " ~ . !: ~ .N c::I ..... - ~ >-~ ~... ,..2.. ...~<.~ J_ oUZOZ -OU.. :::XQ~ O"-Jtf:~ 'C'lilClc.f) Io3Qo.......... .....O"lXa ....I........,..... i7: :z:'':lla. ....2- :::0 ~... " I,,'