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HomeMy WebLinkAbout94-06623 vi I '>~ ;~ 3 ., ,~ ,."......1J ?~}',' " ,~ ~/) ;,~~;,...~/ ',"',- <,', ,0: c...',;, , )~ ........<:1 "0 rY) <0 " .'.,.j fr~ (~J ~'~~ 11: \1-1 r-~ ~'; 1.".." l. ). . lI:' : )~ I.... "j <,J: (.J ~; '0') ':' ! lJ..:I; '7'1, .' f.!. .; d , -. ., Co ll. , - , U " , (j .\l~~.i', Y-:\E E. I'l B4!1 ~)H TI1OllL1', (;11 lit . (lV. ',. . , I; 1~ll: L '~;l '}.1, .I~:~fJllil'I' 1/ UP}. .... . .., , '. , . <eo'.' '.. ... .:c- .:c- .z. ... ... .:c. '. .:.:. .:<<. .:+:. .:<<. .:+:. .:.:. .:+:- .:c. ':.:"':-:-':':':":'}~;'~<':.:'..':':- <<<I .:<t:o .:c-.--.:4C('l' ~ --- - - ~ - ~ ~ 8 : IN THE COURT OF COMMON PLEAS : ~ ~ S 8 .:; ':' OF CUMBERLAND COUNTY STATE OF '* PENNA, ~ ,~ ~ ~ .. " ~ ~ 8 ~ 8 8 " ':' ,', ~ DENISE C. WHITCOMB 8 N D. ....9.4"..6.623 ......,.. II) w '.' Vt>I':'illS ~ RODNEY L. WHITCOMB,. $ $ it! f~ ,;; " DECREE IN ~ ~ ~l D I V 0 R C E : ~ AND NOW, .. .. . J :-.Jl "4~,, . " " .. " '. 19 .~~.. " it is ordered and ~ ~ decreed that... p~I)~!3.~ .9:..1'(l)~~~.~f!11;>"................"..". plaintiff, ~ ~ and.... .R.Q<!t:1~Y. .1;.,. J'{l)H~.ql1)1;>.,..."......,..".............. defendant, ~ ~ are divorced from the bonds of matrimony, ~ ~ y P) $ ~ The court retains jurisdiction of the following claims which have ~ 8 been raised of record in this action for which a final order has not yet ~ ~ been entered; ~ $ I~ 8 ........................................................................... I;' 8 ........................................,............... I~ ~ ~ 8 Oy Th~e ~(i\/I: d'of;~ t :~ 8 . ,W\.-;)~c-. . c/'. r. i~ '" Alle.l: (,,/, ". .h' ...L J. i'" ~ ."'v'U,....:.. ' ~__'~~. ,.-.."'7""""'-"""'" . .'. ,. ~ ~. ~ or \~ L-~*-= ~-~~-~~~~~:~'::~ ~ ~. ,.:~~::':":~"'~~. j e ~ " ':' . . ..( " MARRIAGE SETTLEMENT AGREEMENT THIS AGREEMENT is made and entered into between Rodney L. Whitcomb (Husband) and Denise C, Whitcomb (wife), hereinafter referred to as Husband and wife. The parties were married on April 15, 1973, and there are two (2) children born of their marriage, to wit: Troy James Whitcomb, born october 3, 1973, and Michelle Lynn Whitcomb, born July 9, 1975, As a consequence of disputes and unhappy differences, the parties have separated. The parties desire to confirm their separation and make arrangements in connection therewith, including the settlement of their property rights, and all other rights and obligations arising out of the marriage relationship. It is therefore agreed: 1. CONSIDERATION The consideration for this Agreement is the mutual promises and agreements herein contained. 2, SEPARATION AND NONINTERFERENCE A, It will be lawful for each party at all times hereafter to live separate and apart from the other party at such place or places as he or she may from time to time choose or deem fit. B. Each party shall be free from interference, authority and control, direct or indirect, by the other, as fully as if he or she were single and unmarried. Neither shall bother the other or .'- '. '. compel or endeavor to compel the other to cohabit or dwell with him or her. 3. MUTUAL RELEASE subject to the provisions of this Agreement, which are not released by this paragraph 3, each party has released and discharged, and by this Agreement does for himself or herself, and his or her heirs, legal representatives, executors, administrators, and assigns, release and discharge the other of and from all causes of action, claims, rights, or demands whatsoever, in law or equity, which either of the parties ever had or now has against the other, except any or all cause or causes of action for divorce. 4. FULL DISCLOSURE The provisions of this Agreement and their legal effect are fully understood by each party to this Agreement, and each party acknowledges that the Agreement is fair and equitable, that it is being entered into voluntarily, and that it is not the result of any duress or undue influence. Husband and Wife each represent and warrant to the other that he or she has made a full and complete disclosure to the other of all assets of any nature whatsoever in which such party has an interest, of the sources and amount of the income of such party of every type whatsoever, and of all other facts relating to the subject matter of this Agreement. Wife represents that she was represented by Marianne E. Rudebusch, Esq., 2 . . .4 '. in reaching this Agreement, and Husband represontn that ho was represented by Richard C. Snelbaker, Esq., in reaching thin Agreement. Both parties represent that the terms of this Agreement have been fully explained to them by their respectivo counnel. 5. EOUITABLE DIVISIQH By this Agreement, the parties have intended to effect an equltable division of their marital property. This division ia not intended by the parties to constitute in any way a sale or exchange of assets. 6. SUBSEOUENT DIVORCE A. AGREEMENT NOT PREDICATED ON DIVORCE - It is npocif.ically understood and agreed by and between the partien hereto and each of the said parties does hereby warrant and reprooont to tho other that the execution and delivery of this Agreement in not predicatod upon nor made subject to any agreement for institution, prosecution, defense, or for the non-pronecution or non-dofonss of any action for divorce; provided, however, that nothing containod in this Agreement shall prevent or preclude either of tho parties hereto from commencing, instituting or prosecuting any action or actions for divorce, upon just, legal and proper groundo; nor to prevent either party from defending any such action which has boen, mayor shall be instituted by the other party, or from making any just or proper defense thereto. It io warrantod, covllnllntod and 3 ., '. represented by Husband and Wife, each to the other, that this Agreement is lawful and enforceable and this warranty, covenant and representation is made for the specific purpose of inducing Husband and Wife to execute the Agreement. Husband and Wife each knowingly and understandingly hereby waives any and all possible claims that this Agreement is, for any reason, illegal or for any reason whatsoever. unenforceable in whole or in part. Husband and Wife each do hereby warrant, covenant and agree that, in any possible event, he and she are and shall forever be estopped from asserting any illegality or unenforceability as to all or any part of this Agreement. B. ENTRY AS PART OF DECREE - It is the intention of the parties that the Agreement shall survive any action for divorce which may be instituted or prosecuted by either party and no order, judgment or decree of divorce, temporary, final or permanent, shall affect or modify the financial terms of this Agreement. This Agreement shall be incorporated in but shall not merge into any such judgment or decree of final divorce, but shall be incorporated for the purposes of enforcement only. C. MUTUAL CONSENT DIVORCE The parties agree and acknowledge that their marriage is irretrievably broken, that they do not desire marital counseling, and that they both consent to the entry of a decree in divorce pursuant to 23 Pa.C.S.A. Section 3301(c). Accordingly, both parties agree to forthwith execute such consents, affidavits, or other documents and to direct their 4 ." '. respective attorneys to forthwith file such consents, affidavits, or other documents as may be necessary to promptly proceed to obtain a divorce pursuant to said 23 Pa.C.S.A. section 3301(C). Upon request, to the extent permitted by 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. 7. DIVISION OF PERSONAL PROPERTY Wife agrees that all of the property in tho pooseeoion of Husband shall be the sole and separate property of Ilunband; with the exception of these enumerated items which ahall be the property of Wife: 1. Children'S TOYS 2. The parties agree that Husband shall make available to Wife all photographs and videotapes in his possession. Wife shall have copies made of all photographs and videotapes. The partios shall equally share the cost of having those copies made. The parties agree that each party shall horoaftor be the sole and separate owner of those items of household gooda, furnishings and other tangible personal property, freo of any claim of the other party. This agreement sha 11 act iHl a bill of sale between the parties thereby vesting full ownorohip of tho items in each party's possession as aforesaid. 5 .., . 8. DIVISION OF MOTOR VEHICLES The parties acknowledge they have heretofore physically divided between themselves their motor vehicles so that each shall be the sole and separate owner of the vehicles as follows: Husband: 1988 Ford Pick-up truck wife: 1991 Honda automobile All necessary certificate of title changes have been accomplished. 9. DIVISION OF CASH The parties heretofore sold real estate known as 14 South York Street, Borough of Mechanicsburg, Cumberland County, pennsylvania, and made partial distribution of the net proceeds between themselves, which they now acknowledge to have been accomplished and are no longer in issue in this Agreement. The parties agree that the balance of principal of sairl net proceeds on deposit in a jointly registered Certificate of Deposit at PNC Bank, N.A. shall be divided and distributed at time of final settlement as follows: Wife - $26,000 Husband - The balance of said funds after payment of the $26,000 to Wife. Each party shall be free to use and dispose of the funds as so divided after the redemption of the Certificate of Deposit. 6 . ~ . 10. DISPOSIT10N OF PROPERTY From and after the date of the signing of this Agreement, both parties shall have complete freedom of disposition as to his/her separate property and any property which is in their possession or control pursuant to this Agreement and may mortgage, sell, grant, conveyor otherwise encumber or dispose of such property, whether real or personal, whether such property was acquired before, during or after marriage, and neither Husband nor wife need join in, consent to, or acknowledge any deed, mortgage, or other instrument of the other pertaining to such disposition of property. 11. DIVISION OF REAL PROPERTY Husband and wife hereby agree and ack~owledge that they own certain real property located at 130 N. Market Street, Mechanicsburg, Pennsylvania, as tenants by the entireties, which property is presently subject to a purchase money loan mortgage and home equity loan. wife agrees to convey all her right, title and interest in and to said property to Husband, and she acknowledges that she has made, executed and acknowledged a deed of conveyance which she has deposited in escrow with her attorney for delivery at the refinancing loan settlement as provided hereinbelow. Husband agrees to refinance the above-mentioned loans in order to remove Wife as an obligor/mortgagor thereon. At such time as the refinancing loan or loans is/are ready for closing, Husband's 7 # , attorney shall notify wife's attorney of the date, time and place of the refinancing loan settlement, at which location and time wife's attorney shall deliver the deed aforesaid to Husband's attorney conditional upon the satisfaction of the exlsting purchase money and home equity loans aforesaid. Husband agrees to pay all costs associated with the refinancing loan or loans. Husband shall hold Wife harmless and indemnify her from liability for these obligations and other obligations arising from this property. At the time and place of the refinancing loan settlement husband shall pay to wife the sum of $12,000. 12. PAYMENT OF SPECIFIED OBLIGATIONS The parties agree that the following co~stitute joint marital obligations which shall be paid by the following person: A. WIFE - All credit card debts issued under her name alone. B. HUSBAND - All credit card debt issued under his name alone, all indebtedness related to his 1988 Ford pick-Up. 13. LEGAL FEES Each party shall pay his or her own attorneys fees. 14. ALIMONY Both parties acknowledge and agree that the provisions of this Agreement providing for equitable distribution of marital property are fair, adequate and satisfactory to them and are accepted by 8 . ~ them in lieu of and in full and final settlement and satisfaction of any claims or demands that e~ther may now or hereafter have against the other for support, maintenance, alimony pendente lite or alimony. Husband and Wife further, voluntarily and intelligently, waive and relinquish any right to seek from the other any payment for support, maintenance, alimony pendente lite or alimony. 15. PENSION PROGRAH Husband is the owner of a certain pension plan which he has accumulated during the course of his present employment with the Mechanicsburg Borough police Department. It is hereby specificallY agreed that Wife shall forever relinquish ~o Husband her right, title and interest in ~aid pension plan. It is hereby specifically agreed that Husband shall forever relinquish to Wife his right, title and interest in wife's pension plan, annuity, or IRA with Polyclinic Medical Center or any other employer. 16. MISCELLANEOUS All assets including, but not limited to, savings accounts, checking accounts, certificates of deposit and life insurance policies shall be the sole and separate property of the title holder of said asset. I ; ! The parties believe and agree, and have been so advised by. their respective attorneys, that the division of property 9 . ~ heretofore made by this Agreement is a non-taxable division of property between co-owners rather than a taxable sale or exchange of such property. Each party promises not to take any position with respect to the adjusted basis of the property assigned to him or her or with respect to any other issue which is inconsistent with the position set forth in the preceding sentence on his or her federal or state income tax returns. The parties have heretofore filed joint federal and state tax returns. Both parties agree that in the event any deficiency in federal, state or local income tax is proposed, or any assessment of any such tax is made against either of them, each will indemnify and hold harmless the other from and against any loss or liability for any such tax deficiency or assessment and,any interest, penalty and expense incurred in connection therewith. Such tax, interest, penalty or expense shall be paid solely and entirely by the individual who is finally determined to be the cause of the misrepresentations or failures to disclose the nature and extent of his or her separate income on the aforesaid joint returns. 17. GENERAL PROVISIONS A. WARRANTY AS TO EXISTING OBLIGATIONS Each party represents that they have not heretofore incurred or contracted for any debt or liability or obligation 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 indemnify or hold the 10 . , other party harmleso from and against any and all such debts, liabilities, or obligations of every kind which may have heretotore been incurred by them, including those for necessities, except for the obligations arising out of this Agreement. B. WARRANTY AS TO FUTURE OBLIGATIONS - Wife and Husband each covenant, warrant, represent, and agree that each will now and at all times hereafter save harmless and keep the other indemnified from all debts, charges, and liabilities incurred by the other after the execution date of this Agreement, except as may be otherwise specifically provided for by the terms of this Agreement and that neither of them shall hereafter incur any liability whatsoever for which the estate of the other may be liable. c. SEVERABILITY 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. Likewise, the failure of any party to meet his or her 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. D. OTHER DOCUMENTATION - wife and Husband covenant and agree that they will forthwith execute any and all written instruments, assignments, releases, satisfactions, deeds, notes or such other 11 . , writings as may be necessary or desirable for the proper effectuation of this Agreement, and as their respective counsel shall mutually agree should be so executed in order to carry out fully and effectively the terms of this Agreement. E. ENTIRE AGREEMENT - This Agreement contains the entire understanding of the parties, and there are no representations, warranties, covenants, or undertakings other than those expressly set forth herein. F. WAIVER OR MODIFICATION TO BE IN WRITING - No modification 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 a waiver of any subsequent default of the same or similar nature. G. MUTUAL COOPERATION - Each party shall, at any time and from 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 effect to the provisions of this Agreement. H. LAW GOVERNING - This Agreement shall be construed and governed in accordance with the laws of the Commonwealth of Pennsylvania. I. BINDING EFFECT - Except as otherwise stated herein, this Agreement shall be binding and shall inure to the benefit of the 12 . . parties hereto and thelr respective heirs, executors, administrators, successors, and assigns, J, NO WAIVER OF DEFAULT - This Agreement shall remain in full force and effect 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 affect the right of such party hereafter to enforce the same, nor shall the waiver of any breach of any provision hereof be construed as a waiver of any subsequent default of the same or similar nature, nor shall it be construed as a waiver of strict performance of any other obligations herein. K. HEADINGS NOT PART OF AGREEMENT - Any heading preceding the text of the several paragraphs and subparagraphs hereof are inserted solely for convenience or reference and shall not constitute a part of this Agreemont nor shall they affect its meaning, construction, or effect. L. WAIVER OF CLAIMS AGAINST ESTATES - Except as herein otherwise provided, each party may dispose of his or her property in any way, and each party hereby waives and relinquishes any and all rights he or she may have or hereafter acquire, under the present or future laws of Pennsylvania or another jurisdiction, to share in the property or the estate of the other as a result of the marital relationship, including, without limitation, dower, curtesy, their statutory equivalents, widow's allowance, homestead rights, right to take in intestacy, right to take against the will 13 . , DENISE C. WHITCOMB, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v. RODNEY L. WHITCOMB, Defendant NO. 94-6623 CIVIL ACTION - LAW IN DIVORCE PRAECIPE TO TRANSMIT RECORD To the prothonotary: Transmit the record, together with the following information, to the Court for. entry of a divorce decree: 1. Ground for divorce: irretrievable breakdown under Section 3301(c) of the Divorce Code. 2. Date and manner of service of the Complaint: November 30, 1994. certified mail. restricted delivery. 3. (a) Date of execution of the Affidavit of Consent required by Section 3301(0) of the Divorce Code: 2. 1996; by defendant Julv 2. 1996. (b) Date of execution of the Waiver of Notice of by plaintiff ~ Intention to Request Entry of a Divorce Decree:Julv 2. 1996. 4. Related claims pending: NONE /..{[Is-""~~ r {2cctlC~\JcJl.-, Attorney for (x) Plaintiff ( ) Defendant '>- ,- f::~ v: ~ i.:; '.,'" ,.. ("...-; IJ.I: j ~.~ O. u:! 1.1 ~ i.; 1 2 cr' , . '. , ;~ ) f" }~~ Iir r~l It ~J .. 'l.i. I' , ,.., .:J '--' u , < ) -:r r:n - ,. . ~ ~'. '-. ...J .r) \~ \ C) "1) ~ '0 ......... --.J '- .....j ......... ,.J .r') I.r) , \...J-- ........... . ,;-.... ~ ..l.. "'K '>l.. "f' 1'\, --\ \' -- ..... '~ Cl '\' '"\ 0- I'-' -. '- \...><:::::) = 0._ N Ul >Ii, '. ' (..... ~ ~ ~ -:-:...> '-> \-L "l -. ~ ~~~) ,.. ~ ....c.. .~.... . \~ .\L\RI.\.\'.'\E I';, gl'[)EBrSI.'H, E,"plil'l'. tW, Sir fI,oll'"'' COlli I. l'brrlsllW'l. PA 1710~) (717) (j!i7.0Ij:l? (l . , 5. The Plaintiff and Defendant are both citizens of the united States of America. 6. There have been no prior actions in divorce between the parties. 7. The plaintiff and Defendant are not members of the Armed Services of the United States or any of its allies. 8. Plaintiff has been advised of the availabili ty of counseling and that she may have the right to request that the Court require the parties to participate in counseling. 9. The causes of action and sections of Divorce Code under which Plaintiff is proceeding are: A. Section 3301(c). The marriage of the parties is irretrievably broken. After ninety (90) days have elapsed from the date of the filing of this Complaint, Plaintiff intends to file an Affidavit consenting to a divorce. Plaintiff believes that Defendant may also file such an Affidavit. B. Section 3301(d). is irretrievably broken. separated on May 31, 1994. WHEREFORE, the plaintiff prays your Honorable Court to enter a Decree in Divorce from the bonds of matrimony. The marriage of the parties The plaintiff and Defendant .~' ,. .' . t J r~,~;~::':;:J, ~abaddu~~~~";: ;,.;,y:~ :i :~'I~;:~:~~;;~:;::/~ II': ~t;:=~~::;'~~"~;'~i~i..m";~~u.;i :::I~~,~~A~r:i~;~~~;jJ r: ,~~~~??,.l~~UJ~" ;',to Jd;"';iAad~)'"I! L. j~ W:'=~;r;~ft.:';u~;":'",,~;~':'....~~~~..:.:.'~ ~;'~;S:.lll";:'~'''~~'~.'''''''':'''''''.' \;"';';;"';"':"J:::.,1 l'~'lllli_fticelpt",_"_,,,_w"__llllllho" "~''''.'' " ,~~~~,';;j,." :,'j 'Ii .' ',. ,", ,'., : COftIU _,lOtI... ""'L. "~I l~~~~~; . i~)g~~~~f~ 1. Dltlol . " ," !'. 'Lt) . '. I: "'~l .u.o. ( { (I: I.r: .' i'" " I~ n (...: IU_~. fi . .' ...., '.'. ~t'. ... ,:~J >" '.'" ,'j c_ !~:; ;t~;'l .. ilii] r'.~ =~ ~; ~ (.).. I'. ot' 'j 0 w' U .............. ,. '. . \..; . , ( ( ,- cr, LJ";' r.; j:c " , ~ UJ~:: <"; ~ ~i~ ~.,- ..... ft' - .. ~~.: ,- "1;:] ,:) : ;~7i 'Ik I;:.:: --;,- il: \'- :-:J 'Ita r-L; :::;; .:1 a.. 1'.. ,n :'::i 0 0' (.) >- " ~r. u: , '. ,-:.. (.!.~ i ," .,.. LU.,-: fE' ~ ':: I_!. . ; :l~ ..-'. ':1_ ~:J 90- ( . ~' 'C:> :;[l l.L - B:t,l' .-~ ~i J(,] f" , J(.I.. , l'. I.rl .3 c) u . U . , . II . . . . ., . DENISE C. WHITCOMB, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW v. NO. 94-6623 RODNEY L. WHITCOMB, Defendant IN DIVORCE AFFIDAVIT OF CONSENt 1, A Complaint in Divorce under section 3301(c) of the Divorce Code was filed on November 21, 1994. 2. The marriage of plaintiff and Defendant is irretrievably broken and ninety (90) days have elapsed from the date of filing of the Complaint. 3. I consent to the entry of a final decree of divorce after service of notice of intention to request entry of the decree, 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.A. section 4904 relating to unsworn falsification to authorities. Date: 'j2)NJ By: ) / .... c:; '" j:": .- I1J~..; l'': . (If ) , [....., " .~j ....r" y," , . ,~) 0, 'J. : HI" hll " "'J r~ , ~ ..... .-.... J ~ ['. , ", u v , l...) . , , ~ . f.. ' , f 11II I , DENISE C. WHITCOMB, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW v. NO. 94-6623 RODNEY L. WHITCOMB, Defendant IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER S3301(c\ OF THE DIVORCE CODE 1. I consent to the entry of a Final Decree of Divorce. 2, 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. 3. I understand that I will not be divorced until a divorce decree is entered by tho Cotrt and that a copy of the decree will be sent to me immediately after it is filed with the Prothon0tary. I verify that the statEments made in this Affidavit are true ,and correct. I understanj that false statements herein are made subject to the penalties of 18 Pa. C.S. S4904, relating to unsworn falsification to authorities. Date: 7/7/<J(, / --~-~-_/ .... Er; II. l j':'. c' ('.: ; ~ UJ. u-- l l , : r-C .' .L.. L..- 91 ;-j @~.' ,') .', .') ,- , , .' [i:: l I ~ i :] : l'.. "" L:' L , J . . . . J "