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Home My WebLink About95-01438 ~ 1 V) . ~ ~ ~ J 00 C'() '::t- - I l() 0- o Z ,. "''i... .' ,,', , "', , , . :,.,. " ,.;'.'..... . , " .;" ~ '..,:" , " . . " . > > ','::: ' , " '" "", ' ;' ..;.,:'~\..,,' '\ " .'i . ':<.:'. ..... , ".,",'.>:,.; ,,; :~':",.': ":',':,:,,\',::",'::<, , "'..','" . ' :. ',.'.J,,'\,; <: ' " '. "".' ,.'~ ,,;,.., ".,"'X',;,:;:'" , . , :""'~'~'{',;.J";',:,: : "', . '~d:>";'~ ':)"" ~,~;".;::,' , '; ;\:':'}~;.}'i;;' :y' ",,' ;'> ',;;' ';X:l(" , ,.~:',' "':;'/:,,.,:,:.> '," ":, :,,; t'I~,':~'\) ,:,:,. : ,,' ":>:"';4. . ,'::: ":;.,, t:.c.' : ',.... ,,; <", "'':''':~::;:,:';2;\ :,' ','.,:;" ;, '..::;;. "'.:;.':i,"'-" ';"" ", i,; :,' ,;"'. . , "": :" ,,!,:f;. '::;c<,'.; " ,',,' :;' ';,:' ..:: . ,; .:,' ii/; ..":;.:< ::"" :':,':; ;':.'~'~",.:::..:;':,::,,::, ,,'...." .,; , .-:, > .,',:"; ';':',: :<<',:,.,:,:,," ., , "., ; ,,",.., ',' '.:"" ",' ,";'; :','; ".:,>,\,.: "','.;' ,:,,;,~;' ',,:'" , . ,~"" ':,:." '.H',:,."'/:"':',,' ",;' :'", :.:,: ;.,!.<:i\':,:',,: T':::', ,:,:\: ';' ,.,::' ",':::.: .";/;';/';' :',~ ,;.;>:,5' " ",,,. j'. " .,,". ,:,,' '::.".i: ':i:, ,...: [c ';' :,:;:j,;::/>\:,,;~,::, i":,' '., c,:'.:i~j( ': ',' ',":,' ." , ,,' ': ,',;,;:,;,:, '. " " ',;.y:,.;,,;;, "...,' , ' .;, ..;, ~:': J :':, '<,' ':,':".: ,', .~ ,', ",' ~\~,~~f~:;' ""~~'.'l'~ i1;' ,': '.: 1,:1;,i.:/~;X ' ' ..; :i lc sf~~ ' ;~ '. I' >,:i~':'i'i ,'.. < ", \"~' ,'. '. ,:' ::;JiiL,,:,, ~::;~~ ,.'.~;~,: i';',:" .', " ;' ,:i :}, ,;,:"" c',:: ", ::( c"'" . ,y, " ",. . '; :/';, ',. ';:'\"":~~'i.;,~{'~~i~3 I . '~;:,", " ,,~; .J,(,:~, :,,::J:~~t{J:t;~;:; i,f"", ,', J. [""'.,,'; , " .'; :'{',;~~;j:; ;~/':;;', :~,~> ."?(':;' ;,1:;:; :;;~: '>f"~!:;~:,( ,:". .' >: ',;: 'X,.' ".::, ,.' ,;.;;i:,:::' . ., :' .., r :/..,': ,,::..?;'.... '; " ,'. ,. : '. ',:,,' '.. , ,:,: ;',::::, ".: <,::' ::::'0.':" ,";1,': ':":""', >',. ...,"r:,_ "':t"" ";;,,,>', :::<':,,:~ '",';, "'.: . :':"" ': '.;' ::.. , ' . ': .'\. , , ,".:', ;' ", :',';0 .,' .', ,i.-I,; :':":::"";<~" ,.~;;',;~.:, .'" ' ",,' ~";;,," i, 1'[ . ~. .:;~;:;' . '" '.. ,.,~t~, ~;; ,,:~ ,. " " . ,,;,'c.:' " ," ..., ::' ::'. ,~",:::,:;,::,:t)' ;,,' 'i,: '::'... ,i:,,:;,::",,'::"':;,,:,,: ,,' ". ' . ,,,: .", , ',', ; ,',; ",:.. '..' ;:''':,..' ... :.... '.",'" ".::::":-.<; ..f'':',;'d'' ',:.. ,,::..;.',' :,' .... ::::i.: ':3'; ,,:: .' ",,:,',':':.:-':: ':<::, ":..' '...;,,",;.:": " :,: ,c.. ;' ,., ...,:;,.... : :;,' I,' :,:>> :\:;:, :' ," ::,': ,',:, "C', I,:'. " ' " '~;.' " >}:, " ,.. ..", '.'#~-~ . . -:":.'},\; ., MICHAEL H. SMITH, . IN THE COURT OF COMMON PLEAS OF . Plaintiff . CUMBERLAND COUNTY, PENNSYLVANIA . . . va. . CIVIL ACTION. DIVORCE . . . . NO. 95. 1'-I.3Z CIVIL TERM . JODY R. SMITH, . . Defendant IN DIVORCE THIS Agreement made this . ,/71- I day of t?-~ ,1995, by and between JODY R. SMITH, of P. O. Box 158, Boiling Springs, Pennsylvania 17007, hereinafter referred to as WIFE, and MICHAEL H. SMITH, of P. O. Box,4, Ne~'K1ngstown, Pennsylvania 17072, hereinafter referred to as HUSBAND, r-.' = 0.' WITNESSETH: U1 N . ~- WHEREAS, the parties hereto are husband and wife, having been JolnEld In=jijarrlage on -'._~ ~ June 26, 1982, in New Kingstown, Pennsylvania; and WHEREAS, a Complaint for Divorce has been filed In the Court of Common Pleas of 1'-/.3 8' Cumberland County, Pennsylvania, to No. . CIvil, 1995; and WHEREAS, the partIes hereto are desirous of settling fully and finally their respective financial and property rights and obligations as between each other, Including, without limitation, the settling of all matters between them relating to the ownership of real and personal property, and in general, the settling of any and all claims and possible claims against the other or against their respective estates. - , NOW, THEREFORE, In consideration of these considerations, and the mutual promises and undertakings hereinafter set forth, and for other good and valuable consideration, recslpt and sufficiency of which Is hereby acknowledged by each of the parties hereto, HUSBAND and WIFE, each Intending to be legally bound, hereby covenant and agrt!e as follows: 1. Advice 01 Counsel: The parties hareto acknowledge that each has been notified of his or her right to consult with counsel of his or her choice, and have been provided a copy of this agreement with whIch to consult with counsel. HUSBAND Is represented by Carol J. Undsay, Esquire, snd WIF~, has been advised that she may be represented by counsel of her choice. Each party acknowledges and accepts that this agreement Is, In the circumstances, fair and equitable, and that It Is being entered Into freely and voluntarily, after having received such advice and with such knowledge as each has sought from counsel, 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 Improper or lIIegal agreement or agreements. 2. Divorce: The partIes agree to the entry of a Decree in Divorce. After the passing of nInety (90) days from the date of the filing of the Complaint, the parties will execute Affidavits of Consent under Section 3301 (c) of the Divorce Code consenting to the entry of a Decree in Divorce. Said Consents will be executed Immediately upon the request of either party. 3. Personal Property: The parties acknowledge that they have equitably and satisfactorily divided all of their personal property, and that all personal property shall be the sole and individual property of the party In whose possession it is as of the date of this agreement. 1 - . WIFE will retain the 1992 Acura which was purchased, in part, with the proceeds of sale of a marital asset, a 1989 Dodge Shadow. HUSBAND hereby waives any Interest he has In the 1992 Acura. HUSBAND shall retain the 1990 Honda CMc, and WIFE will transfer to him all her right, title and Interest In said vehicle. The parties hereby waive any Interest they have In the retirement benefits of the other. said retirement benefits shall be the exclusive property of the party who has eamed them. 4. Real Property: The parties did not own any real estate. 5. A1lm~ny: The parties waive any claim that they may have one against the other for alimony or spousal support. The parties acknowledge that each has sufficient assets with which to maintain themselves after divorce. 6. Marnal Debt: The parties accrued, during their marriage, certain marital debt. HUSBAND shall pay and be exclusively responsible for the payment of his two student loans, one to United Methodist Church and the other through the Federal Student Loan Program. HUSBAND will pay the Executive Gold Master Card, No. 4498m0200643oo; the First Gold Visa, No. 4217392750811806; the Chemical Bank Master Card, No. 5369933263278182; the Montgomery Ward account and a post-separation debt owed to his mother. WIFE shall pay the joint Master Card with an approximate balance of $5,000.00. Each party will indemnify and hold the other harmless on account of any debt which he or she has agreed to accspt and pay in this agreement. Each party will Incur no debt for which the other may be liable In the future, and will Indemnify and hold the other harmless for any debt so Incurred. 3 7. Modification: No modification. rescission. or amendment of this agreement shall be effective unless In writing signed by each of the parties hereto. 8. Applicable Law: All acts contemplated by this agreement shall be construed and enforced under the laws of the Commonwealth of Pennsylvania. 9. Agreement Binding on Parties and Heirs: This agreement, except as otherwise expressly provided herein. shall bind the parties hereto, and their respective heirs, executors, admlnlstrstors, legal representatives. assigns and successors In any Interest of the parties. 10. Agreement Not to be Merged: This agreement shall be Incorporated Into the final . decree of dlvorca of the parties hereto for purposes of enforcement only, but otherwise shall not be merged Into said decree. The parties shall have the right to enforce this agreement under the Divorce Code of 1980, as amended, and In addition. shall retain any remedies In law or In equity under this agreement as an Independent contract. Such remedies in law or equity are specifically not waived or released. 11. Documents: The parties hereto agree that they will execute and deliver one to the other any documents necessary to give effect to the terms of this Agreement. 12. Full and Final Settlement: WIFE and HUSBAND each do hereby mutually remIse, release, quitclaim and forever discharge the other and the estate of such other, for all time to come, and for all purposes whatsoever, of and from any and all rights, titles, Interests or claims In or against the property Oncludlng Income and gain from property hereafter accruing, of the other) or against the estate of such other, of whatever nature and wheresoever situate, which she 4 .:\lhftil....~.. -at me, 4611.9S..01 or he now has or at any time hsreafter may have against such other, the estate of such othsr or any part thereof, whether arising out of any former acts, contracts, engagements or liabilities of such other, or by way of dower or curtesy, or claims in the nature of dower or curtesy, or widows' or widowers' rights, family exemption or similar allowance, or under the Intestate laws, or the right to take against the spouse's will; or the right to treat a lifetime conveyance by the other as testamentary, or all other rights of a survMng spouse to participate In a deceased spouse's estate, whether arising under the laws of Pennsylvania, any other State, or any othsr Country, or any rights which either spouse may have, or at any time heresfter have, for past, present or future - support or maintenance, alimony, alimony pendente lIte, counsel fees, costs or expenses, whether arising as a result of the marital relation or otherwise, except and only excspt, all rights and agreements and obligations of whatsoever nature arising or which may arise under this Agreement or before the breach of any thereof. It Is the Intention of HUSBAND and WIFE to give to each other by the execution of this Agreement a full, complete and general release with respect to any and all property of any kind or nature, real, personal or mixed, which the other now owns or may hereafter acquire, except and only except, all rights and agreements and obligations of whatsoever nature arising or which may arise under this Agreement, or for the breach of any thereof, subject, however, to the Implementation and satisfaction of the condition precedent as set forth herein above. 13. BREACH: In the event that either party breaches any provision of this Agreement, he or she shall be responsible for any and all costs incurred to enforce the Agreement, Including, 5 ..'_....."'.... 1lIo' 46U.P5-01 but not limited to, court costs and counsel fees of the other part. In ths event of breach, the other party shall have the right, st his or her election, to sus for damages for such breach or to ssek such other and additional remedies as may be available to him or her. IN WITNESS WHEREOF, the parties hersto have set their hands and seals the day and year first above written. Witness: ~$e~~~ ~(};Z, 7G~ x~ -;:; -In=t/I--' Jody . Smith ~I II ~.- - -' Michael H. Smith (Seal) (Seal) , STATE OF ~/'/ll/sj'ILla.>1I(" COUNTY OF ~amkl /a.rr/ . . : lB. . . ON this, the \. g l.s r day of fY}tV/ (' ^ . 199 S. before me, the undersigned officer, personally appeared JODY R. SMITH whose name Is subscribed to the within Instrument, and scknowledged that she executed the same for the purposes therein contained. IN witness whereof, I hereunto set my hand and official seal. o ' ' A ILL-I\R m. ...t~ Notary Public STATE OF NolatIaI Seal Dano M, Sm'h. Notary PlJlIIo Mec!wia;boJ"i Bolo, CurntlilI1and C<:u1IY MyC=",~E<pi;8S~22.19!!6 . . : as. COUNTY . . (r6 ~(I ~ ON this, the I day of '"Lt.{ . 199d before me, the undersigned officer, personally appeared MIC~ L H. SMITH whose name Is subscribed to the within Instrument, and acknowledged that he executed the same for the purposes therein contained. IN witness whereof, I hereunto set my hand and official seal. PAMELES.INZERlUo ~ Public . sr.. of MIucut IL Co...,' IICnedInClly~ -,CaI:,., , 'm~Sepc.22.1187 1 ~ '.;. r ,;~\:: :$t;l ::R - ~.:J- -f ..~ .....' ": (.,. ';<l.l ,~ ~ .~~ .~. ~':: '>-.' ~ .., In co ~ ~., ~ bt::: .:\mikClmllh.com m., 4611-95-01 .... ~ ... . MICHAEL H. SMITH, Plaintiff . . IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION. DIVORCE NO. 95. 143 J' CIVIL TERM IN DIVORCE va. JODY R. SMITH, Defendant NQIlCE 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 fall to do so, the case may proceed without you and a decree of divorce or annulment may be entered agslnst 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 children. When the ground for the divorce Is indignities or Irretrievable breakdown of the marrlsge, you may request marriage counseling. A list of marriage counselors Is available In the Office of the Prothonotary at the Cumberland County Court House, Carlisle, Pennsylvania, 17013. IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY, LAWYERS FEES OR EXPENSES BEFORE A DECREE OF 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 Court House Carlisle, Pennsylvania 17013 (717) 240-6200 a:\mlk..mlth,com ril.' 4611:95.01 . . "; VB. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - DIVORCE MICHAEL H. SMITH, Plaintiff Defendant NO. 95- IN DIVORCE CIVIL TERM JODY R. SMITH, Michael H. Smith, Plaintiff, by his attorneys, FLOWER, MORGENTHAL, FLOWER & LINDSAY, respectfully represents: 1, The Plaintiff Is Michael H. Smith, who currently resides at P. O. Box 4, New Kingstown, Pennsylvania 17072, for a period in excess of six months prior to the filing of this Complaint. 2. The Defendant Is Jody R. Smith, who currently resides at P. O. Box 158, Boiling Springs. Pennsylvania 17007, since 1989. 3. The Plaintiff and Defendant both have been bona fide residents In the Commonwealth of Pennsylvania for at least six months Immediately prior to the filing of this Complaint. 4. The Plaintiff and Defendant were married on June 26, 1982, at New Kingstown, Pennsylvania. 5. That thare have been no prior actions of divorce or for annulment between the parties In this or In any other Jurisdiction, 6. The Plaintiff avers that he is entitled to a divorce on the ground that the marriage Is Irretrievably broken and Plaintiff Is proceeding under Sections 3301 (c) and/or (d) of the Divorce Code, ",\mikCimlth,ron fiI., 4611-95-111 Plalntln IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - DIVORCE MICHAEL H. SMITH, VB. NO. 95- 1438 CIVIL TERM JODY R. SMITH, Defendant IN DIVORCE MICHAEL H. SMITH, Plaintiff, being duly sworn according to law, deposes and says: 1. That a Complaint In Divorce under Section 3301 (c) of the Divorce Code was filed on March 21, 1995. 2. That my marriage with JODY R. SMITH, Defendant, is irretrievably broken, 3, That I consent to the entry of a Decree in Divorce on the grounds that the marriage Is Irretrievably broken. 4. That I understand that I may lose rights concerning alimony, division of property, counseling 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 to the best of my knowledge, information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. 4904 relating to unsworn falsification to authorities. ~2/ /fI2p'- Michael H, Smith, Plaintiff Dme: ';7~;r~51;- . i , f , I I I I I I I i I .:\mlkClmllh.con fiI. # 4611.95'01 MICHAEL H. SMITH, IN THE COURT OF COMMON PLEAS OF Plaintiff . CUMBERLAND COUNTY, PENNSYLVANIA . VB. CIVIL ACTION - DIVORCE NO. 95- 1438 CIVIL TERM JODY R. SMITH, . . Defendant IN DIVORCE JODY R. SMITH, Defendant, being duly sworn according to law, deposes and says: 1. That a Complaint In Divorce under Section 3301 (c) of the Divorce Code was filed on March 21, 1995. 2. That my marriage with MICHAEL H. SMITH, Plaintiff, is Irretrievably broken. 3. That I consent to the entry of a Decree In Divorce on the grounds that the marriage is irretrievably broken. 4. That I understand that I may lose rights concerning alimony, division of property, counseling 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 to the best of my knowledge, Information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. 4904 relating to unsworn falsification to authorities. if. f' A.,d- Jody R' mit, Defendant Date: 1/-5-/'5 ( !i I i I Ii ,I .~Vff4"'''pZ'.;,' ~l ....~rt.~t...lt(.'-.:. :..;' ;~:-' ~""Y';'?h;~}:(': -::I~,"......;,~"'~"b~,: to'--~'l:;,;;lt..t1! ,_..11,.,.................. .' ""LL.,. 7, ,_,WIllI' .......... ~.........\"'...,.,,,:..,,i'.', 11'''1/' fOllOWIng HMcoo (lor on. ' ....._.end~,.~~.~w,~-<~-;'~.~.'IO-~~~,: 'M):- '-!'i;:~~.\ ~ '.-' ,_ <.;: ...... " : ':"''"''. \0 it.o""",.' '~'''''';';.n.I;';,,,.' '';''. '.'~,. '_.'.' '" ~."."'~";,l/[JAcid,.'~;";'AdCi_ ,"~, ~' *-:~~e~.:t~~~:'~..2~:':~~fl=":' ,I"'~[;~~ffj~ ""I" "L..'." H, . ,", ... ., L " ConlUlt ,.r.lorl. _",,:1 .;'~ .~ . >'.... ,. ',' . . '. .. ',' . . . -- ~. -.' ", . . "'""","" 'i~I~"" "Ar1lcIa Addl8llOdto:. ' 4'.,Anlcle Number "., v.,,~~.; ! ~..~~~~g.~~.$~~t~!... ' ., 4b'~:rMe.2l~~~66311~;.';~il.l; ~ "~~,?i~.tr~.sPrings,. 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