Loading...
HomeMy WebLinkAbout95-01399 ~ 0- ~ . -I VJ 8- ,E , ~ J , , ,', 0- 0- C'f) - _~,~~'~~~"~_~~~~~~_~~e_'x:~:~~~.~~'~~~~~ ~ - roi y ~ ~ .,' ,.~ ~ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY ~ STATE OF ~ PENNA. .10 ~ ~ ~ ~. w .... ~ ~ ~ ~ v. '.' '" . ANIlRJ;1\ ~P9~ ,!, , N (). ",13.99"".""", CIVIL,,,,, 19;15 ,~ ~ PlaintifL.. I " $ VCI':ms s ""us.z.r.o,~P9~.! ' " .'", i .', ~ Defendant i: ,10 :, " ~ '.' .'. ~ DECREE IN DIVORCE .~ ~ Sl ~ ,; S ~ ~ ~ ... 8 AND NOW, , . , ., , , , , , . . , , . ,. , , , , , , , , " " 19.",." it is ordered and decreed that "",..,.", ~<;It't;!a, ToPOs, , , , , . , , .. , , , , , , .. . , , , . , ., plaintiff, and, .. . , , , , , .. , , ., , , . , , , J..aszlo !l'opos., , , " , . ", , , , . , , , , . , , , " 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; ~ " " ~ " ,,~ ~ ,~~.a~~~~~iQn,Ag~~~n~,~~~n,~ne,~~tie$.SO&ll,~.inCQrpotateQ,for.pu~ses .C?~ ,E!I'!~qr:~~I'!~'. .~~ ,~l)'m ,I'!q~ .~13lE! ,~i,~l) ,~l)E! ,~~I'!'!~ .cJ~r:~ .~I'! .I!~~r:~~., ,., 8 ~ ~ ... Dy The Court: ~ ,,' ~ $ ~ ~ -~----,.- ----,--- .--- ,."..,." ' . ~~~~~~~~~-***~~~***- Attest: ProthonDtnry , ~ .:+:. .:+:. .:+:. .:..:. .:.:. .:+:. .:.:. .:.:. .:+:. .:+:. J. 8 t~ * ~ w. .. ~ I e $ I I a I' " S S ~ ~ $ 8 ,.' ~ [, S ~ , ~ ~ M '. ~ a ~. . ~ ,~ $. ~.' ~ '.' v. ~.' ,', ~ ~ ',' ~ '.' ~ ~ '.' S I~ I~ . ' :~ , ' , , ,~ ('0' l~ . - - ~~~'~~~'~~'~'~~-~~-~~~-~-')'~~~~~~~:_~;~~ $ -- ~ . S $ $ ~ ~ ~ $ 8 ~ ~ .'~ ~ l.; ~ IN THE COURT OF COMMON PLEAS w ... w " OF CUMBERLAND COUNTY STATE OF '*' PENNA, Q ~ w .... ~ ',' 8 " ~ HH'd"""d" il II N (), ,...,1399,..,,,,,,, CIVIL........, 1995 .'. ~ d,NlD.R~,T.OE'Q~" , ." ~ ,!,laintML ' Ii ,', ~ VerslIs i '. ." ".......! :1 " a ',' ""LA5.~ ,T.OPO!l I". ~ , Defendant ~ ',' 0' W ':> ,', ~ ~ ',' DECREE IN DIVORCE AND NOW, ..' R"'a~ s.i ..':I....,......., 19,15" it is ordered and decreed that ,., ,Andrea ,Topos, . , " , , , , , , , " , , , , . ,. , , , , , , .. , . , '. plaintiff, and. " , ,Laszlo, Topes, , , , ., , , " , , , , , , , , . , , , , , , , , , , , , , , , , , , . , '. defendant, ore divorced from the bonds of matrimony. s~ ~ h ,', ~ ~ ~ ,,' 8 W ,? ," ~ The court retains jurisdiction of the following claims which have been roised of record in this action for which a final order has not yet been entered; .', ~ ~ ... S ~,e. ,~Jl!iF!'I,t,i~)l, !\9,r~~~,n,t. ,1J:e,t~,n, ,t)1,e, Jl!i,r,t.i~,s, ,s)1,a.1.1. .~ ,i)l~,~,r,a,t~, ,fp,r, 'p'u,r,poses of, enforcement." but. sha.1.1. not. IOOrge with ,the .f.inaL decree .in Oi:vorce.. ' , , , . '" ~ ~ Oy The co:.:,t:/} /J t ,tk,t(J.. k:-~()~,. '" AlIest: . _, / N r' ,_ ,p'..v ...L J. 't'-tt~I'~' C. . ." r~~:?, 4.' ~}j';,~d /'- ~, '{),.?f- , f 7" "~thonoti\ry ~ .,' ,;: ~~ W ':> ." ~ ~ ~ ~ ---- :;...:' ';.0:, ':.:' ~ ~ s 8 r. ..:i ~ ~ 8 ~ w ., '. ~ $ ;,: ~ ~ ..~ ~ a ~, ..:; ~ " ., ." ~ .'. ~ ~ s I~ I~ ! : ;~ I, ,~ ('.' i~ , , . , .., , , ~ -- " . . . ._.~_..- . . . ., ~,' ~ ~**********-*****~*~*- ANDREA TOPOS, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO, 95-1399 CIVIL TERM Plaintiff v. LASZLO TOPOS, CIVIL ACTION - LAW IN DIVORCE Defendant 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 (Xl 3301 (cl I 3301 (dl (11 of the Divorce Code. (Check applicable Section). 2. Date and manner of service of the complaint: March 30, 1995, by Certified Mail. 3. Complete either paragraph (a) or (b). (a) Date of execution of the Affidavit of Consent required by Section 3301 (c) of the Divorce Code: by plaintiff June 27, 1995; by Defendant June 26, 1995. (b) (1) Date of execution of the Plaintiff's Affidavit required by Section 3301 (d) of the Divorce Code: (2) date of service of the Plaintiff's Affidavit upon the Defendant: 4. Related claims pending: The Separation Agreement between the parties shall be incorporated for purposes of enforcement, but -- -~._- - -- - ~ --". . , I, , ,I i I. !j II H shall not merge with the final Decree in Divorce. S. Date and manner of service of the Notice of Intention to File Praecipe to Transmit Record. a copy of which is attached N/A. <- c. .- '-'-' - " tJ-' N '" ~ = ~ ;:-.: -;. ....:1 ..! '.t'l ,. . ..~~ r . MARRIAGE SETTLEMENT AGREEMENT AGREEMENT MADE this 21,A day of (Ylo('(~ , 1995, by and between Andrea Topos ("Wife") - AND - LaSlilo Topos ("Husband"), at Harrisburg, pennsylvania. WHEREAS, the parties hereto are husband and wife having been married on June 14, 1986, in Hungary. WHEREAS, diverse unhappy differences, disputes and difficulties have arisen between the parties and it is the intention of Wife and Husband to live separate and apart for the rest of their natural lives, and the parties desire to settle fully and finally their respective financial and property rights and obligations as between each other including, without limitation by specification: settling of all matters between them relating to the ownership and equitable distribution of real and personal property; settling of all matters between them relating to the past, present and future support, alimony and/or maintenance of Wife by Husband or of Husband by Wife; and in general, the settling of any and all claims and possible claims by one against the other or against their respective estates. NOW, THEREFORE, in consideration of the foregoing premises and of the mutual promises, covenants and undertakings hereinafter set forth and for other good and valuable 1 consideration, receipt of which is hereby acknowledged by each of the parties, Wife and Husband, each intending to be legally bound hereby, covenant and agree as follows: 1. Divorce and SeDaration. The parties agree to the entry of a decree in divorce pursuant to Section 3301(c) of the Divorce Code of 1980. Husband and Wife shall at all times hereafter have the right to live separate and apart from each other and to reside from time to time at such place or places as they shall respectively deem fit, free from any control, restraint, or interference whatsoever by the other. Neither party shall molest the other or endeavor to compel the other to cohabit or dwell with him or her by any legal or other proceedings. The foregoing provision shall not be taken to be an admission on the part of either Husband or Wife of the lawfulness or unlawfulness of the causes leading to their living apart. 2. Division of PrODertv. Husband and Wife agree that the following constitutes an equitable distribution of the marital property: A. The following property shall become the sole and exclusive property of Husband: i. All items as set forth in Exhibit A. Husband shall have ninety (90) days from the signing of this Agreement to remove said items from the marital residence. 2 11. 1994 Toyota Truck B. The following property shall become the sole and exclusive property of Wife: i. Marital home located at 1702 Josiah Chowning Way, New Cumberland, Cumberland County, Pennsylvania. Wife shall be responsible for any and all mortgage payments on said property. Husband agrees to execute a Deed contemporaneously with the signing of this Agreement conveying said real estate unto Wife. Wife agrees to attempt to refinance the mortgage on the marital home within three (3) years of the execution of this Agreement. In the event that Wife is unable to refinance said mortgage, she will list the house for sale in order to ramove Husband's name from the mortgage obligation. In the event that the house is sold, Wife shall receive all of the net proceeds thereof. Furthermore, Husband agrees to vacate the marital residence by April 30, 1995. i1. Oldsmobile Tornado 1i1. Husband shall pay to Wife the sum of three hundred dollars ($300.00) per month for a period of thirty-six (36) months. Said amount shall be paid on the first day of every month, to be commenced May 1, 1995. This sum shall not be considered income to Wife for Income Tax purposes. c. All personalty in the possession of each party as of the date of execution of this Agreement with the exception of 3 the property as set forth in Exhibit "A" shall remain the sole and separate property of each party respectively. D. The parties acknowledge that they have each made to the other a full accounting of their respective assets, estate, liabilities, and sources of income and based thereon they mutually agree that the property listed above constitutes the entire marital property. 3. Income Tax Prior 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. 4. Execution of Additional Documents. The parties agree to each sign Affidavits of Consent to Divorce immediately upon the expiration of ninety (90) days following the filing of the Divorce Complaint. The parties agree to execute any deeds, assignments, 4 titles or other instruments necessary and appropriate to accomplish the aforesaid division of property. 5. Transfers Sub1ect to Liens. Notwithstanding any other provisions in this document all property transferred hereunder is subject to the existing lien or liens set forth ahove. The respective transferee of such property agrees to indemnify and save harmless the other party from any claim or liability that such other party may suffer or may be required to pay on account of such lien or encumbrance. 6. COMDlete Listina of ProDertv. The parties represent and warrant to each other that the property described in this Agreement represents all of the property in which they have any right, title and interest, and that such property is subject to no mortgage, pledge, lien, security interest, encumbrance or charge except those which are disclosed herein. 7. Eauitable Division of ProDertv. By this Agreement, the parties have intended to effect an equitable division of their jointly owned property. The parties have determined that an equitable division of such property conforms to a just and right standard, with due regard to the rights of each party. The division of existing marital property is not intended by the parties to constitute in any way a sale or exchange of assets, and the division is being effected without the introduction of outside 5 funds or other property not constituting a part of the marital estate. It is the intention of the parties to treat all transfers herein as non-taxable. 8. Relinauishment of OWnership. Except as expressly provided herein, Husband forever relinquishes any right and interest he may now or hereafter have in any assets now belonging to Wife, and Wife forever relinquishes any right or interest she may now or hereafter have in any assets now belonging to Husband. 9. After-Acauired Property. Each of the parties shall hereafter own and enjoy independently of any claim or right of the other, all items of property, by they real, personal or mixed, tangible or intangible, which are hereafter acquired by him or her, with full power in him or her to dispose of the same as fully and effectively, in all respects and for all purposes as though he or she were unmarried. 10. Debts. A. Husband and Wife hereby warrant that there exist no joint debts. B. All debts, contracts, obligations or liabilities incurred at any time in the past or future by either party will be paid promptly by said party, unless and except as otherwise specifically set forth in this Agreement; and each of the 6 parties hereto further promises, covenants and agrees that each will now and at all times hereafter save harmless and keep the other or his or her estate indemnified and save harmless from all debts or liabilities incurred by him or her, as the case may be, and from all actions, claims and demands whatsoever with respect thereto, and from all costs, legal or otherwise, and counsel fees whatsoever pertaining to such actions, claims and demands. Neither party shall, as of the date of this Agreement, contract nor incur any debt or liability for which the other or his or her property , may be responsible, and shall indemnify and save harmless the other from any and all c1aime or demands made against him or her by reason of debts or obligations incurred by him or her and from all expenses, legal costs, and counsel fees unless provided to the contrary herein. 11. Attornev's fees. Husband hereby agrees to pay one- half of Wife's attorney's fees relative to her divorce action. Husband's obligation to pay Wife's attorney's fees shall be paid in full within 60 days of the issuance of a final Decree in Divorce. 12. Pensions. Each party shall waive any right, title, or interest he or she has unto the pensions of the other party. 13. A1imonv. The parties mutually agree to forego or waive any right to alimony. 7 14. Full Disclosure. The respective parties do hereby warrant, represent and declare that he and she has made a full and comp1eee disclosure to the other of all assets of any nature whatsoever in which such party has an interest and any further enumeration or statement thereof in this Agreement is specifically waived. Each party agrees that he or she shall not at any future time raise as a defense or otherwise the lack of such disclosure in any legal proceeding involving this Agreement with the exception of disclosure that may have been fraudulently withheld. 15. Releases. Each party does hereby remise, release, quitclaim and forever discharge the other and the estate of the other from any and every claim that each other may now have, or hereafter have or can have at any time, against the other, or in and to or against the other's estate, or any part thereof, whether arising out of any former contracts, engagements or liabilities of the other, or by way of dower or claim in the nature of dower, widow's rights, or under the intestate laws, or the right to take against each other's will, or for support or maintenance, or of any other nature whatsoever, except any rights accruing under this Agreement or as otherwise stated in this Agreement. 16. Indemnification. Each party represents and warrants to the other that he or she has not incurred any debt, obligation, or other liability, other than described in this Agreement, on 8 which the other party is or may be liable. Each party covenants and agrees that if any claim, action or proceeding is hereinafter initiated seeking to hold the other party liable for any other debts, obligations, liability, act or omission of such party, such party will at his or her sole expense, defend the other against any such claim or demand, whether or not well-founded, and that he or she will indemnify and hold harmless the other party in respect of all damages as resulting therefrom. Damages as used herein shall include any claim, action, demand, loss, cost, expense, penalty, and other damage, including without limitation, counsel fees and other costs and expenses reasonably incurred in investigating or attempting to avoid same or in opposing the imposition thereof or enforcing this indemnity, resulting to Husband or Wife from any inaccurate representation made by or on behalf of either Husband or Wife to the other in this Agreement, any breach of any of the warranties made by Husband or Wife in this Agreement, or breach or default in performance by Husband or Wife of any of the obligations to be performed by such party hereunder. The Husband or Wife agrees to give the other prompt written notice of any litigation threatened or instituted against either party which might constitute the basis for a claim for indemnity pursuant to the terms of this Agreement. 17. General Provisions. This Agreement constitutes the entire understanding of the parties and supersedes any and all 9 prior agreements and negotiations between them. There are no representations or warranties other than those expressly set forth herein. 18. Fair and Eauitab1e Contents. The provisions of this Agreement and their legal effect have been fully explained to the parties by their respective counsel. Each party acknowledges that he or she has received independent legal advise from counsel of his or her selection and that each fully understands the facts and has been fully informed as to his or her legal rights and obligations. Each party acknowledges and accepts that this Agreement is, under the circumstances, fair and equitable, and that it is being entered into freely and voluntarily after having received such advice and with such knowledge, and that execution of this Agreement is not the result of any duress or undue influence and that it is not the result of any collusion or improper or illegal agreement or agreements. 19. Breach. It is expressly stipulated that if either party fails in the due performance of any of his or her material obligations under this Agreement, the other party shall have the right, at his or her election, to sue for damages for breach thereof, to sue for specific performance, or to seek any other legal remedies as may be available, and the defaulting party shall pay the reasonable legal fees for any services rendered by the non- 10 defaulting party's attorney in any action or proceeding to compel performance hereunder. i' i' 20. IndeDendent SeDarate Covenant.. It is specifically understood and agreed by and between the parties hereto that each paragraph hereof shall be deemed to be a separate and independent Agreement. 21. 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. 22. Execution of Documents. Each party shall on demand execute any other documents that may be necessary or advisable to carry out the provisions of this Agreement. 23. ADD1icable Law. This Agreement shall be construed under the laws of the Commonwealth of Pennsylvania. 24. Non-Meraer. ThiB Agreement shall not merge with any subsequent decree in divorce between the parties but shall survive such decree and be entirely independent thereof. This Agreement shall be incorporated for purposes of enforcement only into any 11 Decree in Divorce which may be entered with respect to the parties, but shall not be deemed to have been merged with such Decree. 25. ReDresentation of Parties. The parties have mutually worked out the terms of this property Settlement Agreement. Wife has been represented by Kristin R. Reinhold, Esquire. Husband has been advised of his right to retain an independent legal counsel to represent him in this matter, however, being so advised that he is entitled to independent legal counsel, he hereby waives his right to the same. IN WITNESS WHEREOF, the parties hereto have set their hands and seals the day and year first above written. '/ (,c) I<.r;;:-(" . {:'P,q Andrea Topos ::fiii'.&I~ >>.<<, 4 szlo TO. ~-_.... '~ 12 STATE OF PENNSYLVANIA SS: -$L Ai On this .!)3( day of If! (UC)..- 1995, before me Subscriber, a Notary Public, for the Commonwealth of Pennsylvania, came Andrea Topos, known to me or satisfactorily proven to be the Wife in the aforegoing Marriage Settlement Agreement. COUNTY OF DAUPHIN ;/,1 ',....,.,----. -~~'-'-..,;, - -,..,.... ",rr,u..!...f:,';- r /;:,Z-/ ... Andrea Topos Witness my hand and Notarial seal, .the~YiII aforesaid. l ~ otary Public ommission Expires: I t I; I; , Nolarial Seal Diane L, Iser, Nolary Public HarriSbUrg'EDa~p:~nF~gurlY 1998 My CommIssion xp r . I STATE OF PENNSYLVANIA SS: COUNTY OF DAUPHIN ~ : On thisrQS day of 0\ (J,1l' J__ , 1995, before me Subscriber, a Notary Public, for the Commonwealth of Pennsylvania, came Laszlo Topos, known to me or satisfactorily proven to be the Husband in the aforegoing Marriage Sett1em A eement. _/ _7 0:.:-.- Lasz' ./" opos Witness my hand and aforesaid. Notaria~ sea,l', the d~r;Jd --a tl/~c/. ' I --i;2~oT;ary ;l.Iohc My Commission Expires: year 13 Nolallal Soal Olano L, ISaT, Notary Public Harrisburg. DauphIn County My Commission E,piros Fet), 14, 199A 8. The ground for divorce is: The marriage is irretrievably broken, 9. Plaintiff has been advised of the availability of marriage counseling and understands that she may request that her spouse and she participate in counseling. 10. Plaintiff does not request that the Court require that her spouse and she participate in counsel ing prior to a divorce decree being handed down by this Court. WHEREFORE, Plaintiff requests this Honorable Court enter a final Decree in Divorce. Date: '~lle3} ~ . ted, old, Esquire t 17101 - ,....- ~ '-,'. -- -- .- ---.-.........-:-:-....~...~~.'-..:::-::--.~.- -. ~ A F F IDA V I T I, , hereby certify that the aforegoing is true and correct to the best of my knowledge, information and belief. I understand that false statements herein are made subject to the penalties of 19 Pa. C.S. 4904 relating to unsworn falsification to authorities. Dated: 03 - Oq. '-fS- atz;!~<v'L /tti'~ J ANDREA TOPOS, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 95-1399 CIVIL TERM Plaintiff v. LASZLO TOPOS, CIVIL ACTION - LAW IN DIVORCE Defendant CERTIFICATE OF SERVICE I, Jennifer L. Coyle, hereby certify that I served a copy of a Complaint in Divorce upon Laszlo Topos, Defendant in the above-captioned matter, on March 30, 1995, by certified mail, addressed as follows: Mr. Laszlo Topos 1702 Josiah Chowning Way New Cumberland, PA 17070 Date:~ Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 95-1399 CIVIL TERM '. , ~ ANDREA TOPOS, v. Defendant CIVIL ACTION - LAW IN DIVORCE i i \ " I . LASZLO TOPOS, AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed on March 17, 1995. 4. I understand that if a claim for Alimony, Alimony 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety (90) days have elapsed from the date of filing the Complaint. 3. 1 consent to the entry of a final Decree of Divorce. Pendente Lite, Marital Property, or Counsel Fees or Expenses has not been filed with the Court before the final Decree in Divorce, the right to claim any of them will be lost. 5. 1 understand that I have the right to request that my spouse and I participate in marriage counseling. Being so advised I do not request marriage counseling. I verify that the statements made in this Affidavit are true and correct. I understand that false statements herein are subject to the penalties of 18 Pa. C.S, Section 4904 relating to unsworn falsification to authorities. Date , 2:[ - 4'; ~I pr::e-dJc'(,;;"~ z" Andrea Topol; i '! '~l r .....,:::' (~.n ~l ..... . " ~. <- = ....0 '" ,-., ;z: ;-'"- I':.. -.... W 'N ..... ...." ,::a:: .. -~~...--, .. .... ~~-:.. ":.- ,;;, ~t~ -<:.. - CoD .."