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HomeMy WebLinkAbout94-06735 ] c ~ . ~ ] c o [U ~ I r: J l.(). r<) c- ~ ~~,~~,~~~~~~~--~-*~~~*).~:~~;_:~:~~-~~~'~ ~ ~ .~-~~-~ -.----~.~~...--...-~.--;-.~ . 8 ~ 8 ~ IN THE COURT OF COMMON PLEAS 8 ~ 8 ~ OF COUNTY 8 ~ ~ e 8 8 8 8 ~ ~ ~ ',' e ~ ..- Q ... ~', ~ e ~ (; ~ ~ ~ e ~; ~ ~ ~ CUMBERLAND STATE OF ~~~ "~.r PENNA. ROBERT E. CONRAD N (), 94~673,5 CIVIL., II) pltlintiff "1.".....11..., BARBARA S. CONRAD Dl;!fl;!ndtlnt DECREE IN DIVORCE AND NOW. ' .. .. .. .. ,..' !!?~.. J~... 19 ,~~~,. it is ordered and d d h Robl;!rt E. ConrCld I I 'ff ecree t at """"""""""""""",,',"""""""'. p anti . and, .. .. .. .. , , , , , .. .. , .. .. , ,~1;I~):>,,!~1;I..s,', ,~?,n,~t;t?, .. , .. .. .. ... 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; Atttlchl;!d hl;!rl;!to Clnd to bl;! incorportltl;!d CIS tI pClrt of thl;! Divorcl;! De'er.;,..'.' '.16' 't:'ti~' f.fCl'iritJ'g'ti' l>i::opei:t'Y 'Se't't:1..inc;rit 'l\'g'ieeiTle'rit' t",cecu't'tid p"',qtlll1P"',I: ,~~,., ,~99,4,., ,I;l/<.I;!,C;\Ij:",,~ ,\,ly, ,b,qt!1, .P.~:rP,"!f!"""..""""""", Dy Th ~\Ir.l', / --- 441- Alt..l' X'r(I":~I:('<' t' (J:~r. 1:Z.a:.~':...~ J, -<y:. , .,e,~/,l:( ,I: _y.itb, yJ,P"~ 7/ / ....,f\rnt}f(jnoll\ry .....----..--.- _.~.-_.- --""--.-_. .~ ... .:.:. .:.:. .~:. -:+;. .:.;. .:.;. .:.:. .:.:. .:+:. .:.:- .:+:. .:.:. -:+:. -:.:. .:+:. .:4t:- .:.:. .:.:. -:+:. -:.:. .:+:. .:+:.' ~ " 8 8 ,;; " ,;, " W <. ~ " ,;, ., ,;, ., ~ ,;, " I, ... ~ 8 $ 8 ~ ... ~ ..:; " ... ~ ,;; ., ~ ',' .'~ ~ *- ',' $ ~ .~ :, ~ ~ I~ I.., l." !~ ( , 1"- /-.' I, )~ I',' I~ . . . Silver Spring Township, Mechanicsburg, Cumberland County, Pennsylvania 17055. It is expressly agreed, that prior to the completion of ninety (90) days from date of service of the Complaint in Divorce upon the "Wife," the "Wife" shall execute a prepared Deed to transfer all of her right, title and interest in the said property situate at 15 Raspberry Drive, Mechanics- burg, Pennsylvania to the "Husband." In consideration of which, the said real estate of an approximate value of $120,000.00 shall be conveyed to the "Husband," subject to his assuming the present balance of approximately $84,600.00, and he shall execute any and all necessary instruments with Fulton Bank, the Mortgagee to secure the removal of the "Wife" from any further liability or obligation upon the said mortgage obligation. It is further agreed that if for any reason the said Fulton Bank shall not approve of placing the sole obligation in the name of the "Husband," the "Husband" agrees in behalf of his heirs, executors, and assigns and his estate, to indemnify the "Wife" from any and all obligations or responsibilities for payment of the said mortgage obligation until it is paid in full and satisfied of record. 2. DIVISION OF PERSONAL PROPERTY - (al The parties acknowledge that they have agreed by and between themselves and to their mutual satisfaction, and by their decision only, that the following items of personal property shall be given and transferred to the "Husband" as more - 2 - . . . particularly set forth in Exhibit "A" prepared by the "Husband" and "Wifel" and in like manner, the "Wife" shall receive all items of personal property set forth in Exhibit "A," as so designated; which division in kind has been mutually agreed to by and between the parties. (b) Additionally, the "Husband" shall retain a 1986 Porche 944, which is presently in his name, of an approxi- mate value of $7,000.00. The "Husband" shall transfer to the "Wife" his interest in a 1993 Dodge Intrepid, in which there is presently an approximate balance of $9,838.44 to Chase Bank of Maryland, which is to be assumed solely by the "Wife," who will make necessary application to have the said loan obligation presently in the name of both parties, transferred solely into her name, and that upon the receipt of said approval, that the "Husband" will execute any and all necessary instruments to transfer title solely into the said "Wife." Conversely, if for any reason the bank does not allow the present transfer of title, or transfer the said obligation solely into the name of the "Wife," the "Wife" agrees that she in behalf of her heirs, assigns and estate, will indemnify and hold the "Husband" free from any and all such claims arising out of the said loan obligation, until the said obligation is paid in full. (c) The following additional assets of the parties, are to be mutually divided, as set forth herein: - 3 - . . . (1) The Account No. 2518-8317-4 in the Fulton Bank, of approximately $1,100.00, shall be trans- ferred by the "Wife" for the benefit of the "Husband," which said fund is presently being used to pay the said mortgage obligation on 15 Raspberry Drive, Mechanicsburg, pennsylvania. Additionally, the "Wife" shall continue to fund this account from her salary checks for a period of one month only from the date of November 16, 1994. (2) A Checking Account with the PSECU, employing the "Husband's" Social Security No. 209-46- 2328 of the present sum of $207.00, shall be transferred solely to the "Husband." (3) A Checking and Savings Account in the "Wife's" Social Security No. 170-38-3711 in PSECU, with a continuation of deposits by the "Husband" of his employment check only, for one month, dating from November 16, 1994, containing approximately $1,600.00 in the Checking Account and $7,161.00 in the Savings Account, in which the parties mutually agree ~o transfer the sum of $2,000.00 from this account to pay for the necessary legal fees and costs relating to the divorce, Property Settlement Agreement and related costs; and then to divide the remaining moneys equally, and then the said account to be solely in the name of the "Wife." (4) With regard to retirement benefits, in which both parties are presently employed with DER, and any deferred compensation, shall remain the sole property of each party, in which at the present time, the deferred compensation of each is approximately $3,174.65. (5) Both parties have IRA Accounts with PSECU, in which the "Wife" has presently the sum of $1,606.00 and the "Husband" $1,472.00, which shall remain the sole and exclusive property of the each party. It is noted, that each party has the right to change present ~eneficiaries at any time, and also to ret.ain all interest in any Life Insurance Policies, and in like manner to change the beneficiaries at any time. 3. DEBTS OF THE PARTIES - It is further expressly agreed, that the parties have mutually agreed upon what debts and obligations, effective as of the date of this Agreement, are to be paid by the respective parties, and therefore no further enumeration is required, with the exception of certain credit or - 4 - . . change cards, in which each party agrees that they shall take all necessary steps and procedures to effect a transfer of any present joint credit cards, solely to the other. As to any obligations incurred by either party from said credit card purchases, that it shall be the sole responsibility of that person to do so, and each agrees to render the other harmless of any claims with regard to the payment of such claims or obligations thereafter, and said indebtedness shall be the sole responsibility of the person who incurred the indebtedness. This shall also apply to any financial institutions or credit agencies that the parties have obtained any credit cards. 4. WIFE'S DEBTS - "Wife" represents and warrants to "Husband" that since the date of this Agreement she has not and in the future she will not contract or incur any debts or liability for which "Husband" or his estate might be responsible and shall indemnify and save harmless "Husband" from any and all claims or demands made against him by reason of any debts and obligations incurred by her. All future debts and obligations incurred by the "Wife" from and after the date of this Agreement, shall be the "Wife's" individual responsibility. 5. HUSBAND'S DEBTS - "Husband" represents and warrants to "Wife" that since the date of this Agreement, he has not and in the future will not contract or incur any debts or liability for which "Wife" or her estate might be responsible - 5 - . . and shall indemnify and save harmless "Wife" from any and all claims or demands made against her by reason of any debts or obligations incurred by him. "Husband" acknowledges and agrees that all debts and/or obligations incurred by him prior to the date of this Agreement, and all future debts incurred by "Husband" from the date of this Agreement, shall be the "Husband's" individual responsibility. 6. MUTUAL RELEASE - Subject to the provisions of this Agreement, each party shall release and discharge, and by this Agreement does for himself and herself, and his or her heirs, legal representative, 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 all causes of action for breach of any pro- visions of this Agreement. 7. WAIVER OF CLAIMS AGAINST ESTATE - ~xcept 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 now 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, courtesy statutory allowance, widow's allowance, right to take property - 6 - . , , . under equitable distribution, right to act as administrator or executor of the other's estate, and each will, at the request of the other, execute, acknowledge and deliver any and all instru- ments ~hich may be necessary or advisable to carry into effect this mutual waiver and relinquishment of all such interests, rights or claims. 8. ALIMONY, ALIMONY PENDENTE LITE, COUNSEL FEES AND EXPENSES - Both parties accept the provisions of this Agree- ment in lieu of and in full and final settlement and satisfaction of all claims and demands that they may now or hereafter have against the other for alimony, alimony pendente lite, counsel fees or expenses, or for any other provisions for support and maintenance before, during and after the commencement of any proceedings for the divorce or annulment between the parties. 9. BREACH - If either party breaches any pro- visions of this agreement, the other party shall have the right, at his or her election, to sue for damages for such breach, and the party breaching this contract shall be responsible for payment of legal fees and costs incurred by the other in enforcing their rights under this Agreement, or seek such other remedies or relief as may be available to him or her. 10. ENTIRE AGREEMENT - This Agreement contains the entire understanding of the parties and there are no repre- sentations, warranties, covenants or undertaking other than those expressly set forth herein. - 7 - , , 11. ENTRY AS PART OF THE DECREE - It is further expressly agreed, that the executed Marriage Property Settlement Agreement, shall be attached and incorporated in the Divorce Decree and made a part hereof. 12. VOLUNTARY EXECUTION - That each party acknow- ledges that they have had the full and exclusive right to consult an attorney of their own choosing, and they freely and voluntarily entered into this Agreement. That further, contemporaneous with the execution of this Agreement, each party agrees to provide their Affidavit of Consent, so that a Praecipe to the Court may be duly entered obtaining a Decree in Divorce by and between the parties, under the provisions of the No-Fault Divorce Act of the Common- wealth of Pennsylvania. It is further expressly acknowledged and understood, that counsel who drafted this agreement, has acted only as a scrivener and has not had anything to do whatsoever with the terms and conditions of this Agreement1 and that both parties have been fully apprised, they have the absolute right to consult with another attorney of their choosing, before the execution of this Agreement. 13. NO-FAULT DIVORCE - The parties further mutually covenant and agree, the "Husband" shall file a No-Fault Divorce action and that within gO-days after date of service upon the "Wife," that she will voluntarily execute the necessary Consent form, which will be sent to her, which she will promptly execute - B - . ' ~ SHEET..a-OfL .. CLIENT/SUBJECT i1JE (",hN2Jlll?~ TASK DESCRIPTION PREPARED BY DEPT MATH CHECK BY DEPT METHOD REV. 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' - 'IZ-/~ ~~ - tj2..- ~Or""'~(}~) -h.~~ - {2." ~/~ =~TV ~ ;0.: 'l}' ~ 10-e>-4> 'f' .4oc Z-.-.~ Ch>-k- ~ . =;DeL: ~ =- 1i!i~~~~ -0 _ @~~ tV/ U 0---' ::l~/7'g . - (J'~ VC1Z- - d~ 1)- 6-~ - ~f}~ -~~ -- ~d!;~' . . -- ~ ~~~ EXHIB T "A" . - c:n r:: - r:\ n \ 'oj) ~n f'\) ~ ,--I In \ ' '0 ~ -...... ::=J '-. ,'~ \.<:) ............ <J / "J ~ .-" ,.. _r;] -- ~ "l< ~ ......... -- I'(", r\'\ \h -...> ~ (\-<. ~ "i1 ~ r- ~4.~ C:::.., ~ ~ \'. -<,"'1 ,-1 - (~ .Iuhn.l, "rllr\I~. .Jr. \ttnrlll')' nl LillY ltH I Nllr!h Frllnt Slreet lIurrl\huq:.I'.\ 171 tn . ROBERT E. CONRAD IN THE COURT OF COMMON PLEAS OF plaintiff CUMBERLAND COUNTY, PENNSYLVANIA VS. CIVIL ACTION - LAW No84 - (p '7::;!J CIVIL ~. ..-:-" /-tr m BARBARA S. CONRAD, Defendant IN DIVORCE NOTICE TO DEFEND AND CLAIM RIGHTS YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set forth in the following pages, you must take prompt action. You are warned that if you fail to do so, the case may be entered against you by the Court. A jUdgment may also be entered against you for any other claim or relief requested in these papers by the Plaintiff. You may lose money or property or other rights important to you, including custody or visitation of your child or children. When the grounds for divorce is indignities or irretrievably breakdown of the marriage, you may request marriage counseling. A list of marriage counselors is available in the Prothonotary's Office at the Cumberland County Courthouse, Carlisle, Pennsylvania. IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY, LAWYER'S FEES OR EXPENSES, BEFORE A DIVORCE OR ANNULMENT IS GRANTED, YOU MAY LOSE THE RIGHT TO CLAIM ANY OF THEM. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Court Administrator Fourth Floor Cumberland County Courthouse Carlisle, Pennsylvania 17013 Telephone: 717-240-6200 17110 . ROBERT E. CONRAD IN THE COURT OF COM.\lON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA VS. CIVIL ACTION - LAW NO. 94-6735 CIVIL TERM BARBARA S. CONRAD, Defendant IN DIVORCE AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under Section 330l(c), of the Divorce Code was filed on November 28, 1994. " 2. The marriage of Plaintiff and Defendant is irretrrevably broken and ninety (90) days have elapsed from the .~ , date of, the filing of Complaint. ;;:.):::: n. 3. I consent to the entry of a Final Decree of Divorce. ,,--, 4. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses, if I do not claim them before a divorce is granted. I verify that the statements made in this affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa, C.S.A. S4904 relating to unsworn falsification to authorities. Dated: March J , 1994 ,/~~.A ~#e- Barbara S. Conrad, Defendant ~;~Yf)'. I!{"'" ' tIff';:' ~i'~-~'>' I";,,' ~~~'~ .~ <, .",,-,' 't![-f.';^:':" "'.s.l: :,;..~ ' ,.', tlAal l 03", 'llS .i'i,.",' :YrIi;j.~ii "'''''Y\'\'_\.~ :"_Dtlft~~~~!l ;f....",~i'l:J~,.JO ,,:;{"i~f~~~ . ",,' ~.~l,.,,;{,tc'.l '.>.;' ;;.~.;:<>(J:-i ';:.\/::.~~l<'~i. , ,}{;~t;~~~~~ , , ..,,,~,, c, , ~:, ~:; ~!!?r-< fll~G.omCE Of TilE rROTI\OIlQU!\l CUMBERl.1l0 COUHTY PUIIlSYL'IAllll V!'>i'..f;';I~~'~~~~ " _ :-S,Wi~. :.~~}If~~ . \,><' }f~'~ ~..;, .-" -~ :~:~:Itt, r. ',", ",",'''iW"e\!lI('' ._;~\~-V' ,","~ ~,~~:i~:~ .~ .~~~il~;~N ,,~, ..~l~.~~jr'" 1 "..<~~:~~ ., ','f.~ ,'. " ;;~ , ., _._..._.._".......,._._--_.,---'---~..,._----_. .,' . , .~ \ I \ \ (I' ~ . , . . . " , .~-"' \ ROBERT E. CONRAD IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA VS. CIVIL ACTION - LAW NO. 94-6735 CIVIL TERM BARBARA S. CONRAD, Defendant IN DIVORCE AFFIDAVIT OF CONSENT .. 1. A Complaint in Divorce under Section 330l(c), of ." , the Divorce Code was filed on November 28, 1994. 2. The marriage of plaintiff and Defendant is .:.-:> .__t irreu~evably broken and ninety (90) days have elapsed from the date ~ the filing of Complaint. 3. I consent to the entry of a Final Decree of Divorce. 4. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses, if I do not claim them before a divorce is granted. I verify that the statements made in this affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S.A. S4904 relating to unsworn falsification to authorities. Dated: March d , 1994 ;:&1cJ Robert E. Conrad, Plaintiff .. ... . . ROBERT E. CONRAD IN THE COURT OF COMMON PI,EAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA VS. CIVIL ACTION - LAW NO. 94-6735 CIVIL TERM BARBARA S. CONRAD, Defendant IN DIVORCE AFFIDAVIT OF SERVICE BY CERTIFIED MAIL COMMONWEALTH OF PENNSYLVANIA COUNTY OF DAUPHIN Personally appeared before me, a Notary Public in and for said Commonwealth and County, John J. Krafsig, Jr., Esquire, attorney of record for the above mentioned Plaintiff, who, being duly sworn according to law, does depose and say that he deposited in the United States Mails, at Harrisburg, Pennsylvania, on November 30, 1994, addressed to the said Defendant, Barbara S. Conrad, by Certified Mail, Return Receipt Requested, a true and correct copy of the Complaint in Divorce filed to the above mentioned term and number, with Notice to plead within 20 days from date of service. The said Complaint and Notice were duly delivered by the United States Post Office to the said Defendant on December L'-r. I? t, " " , ,. !;; '8'/ ..... '-' j"' <v" ~ ) I 'Oo~ ~~ .-.,",.,~~-" ,,,.,.' ,;~-----~) ">:: {l' . . I .. , , .. -,- 'f