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Home My WebLink About95-01557 ... _'_**'~~**~'**~***~**~'*~"~:~~:~"*~ro~:~~ " -----......................... ........---....----------...--------.............---..--....---.----------.... --- .. ' ~ M . ? ~ " ~ ~., ,', ~ ~ ~.' $ ~ ~.f ~ ~.' w ... ,', ~ ~ '.' IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY STATE OF i~~~ ",~~.#,."r PENNA. ~ '.' VONNIE K. MCCUTCHEON, Plaintiff No..95-1557 civil pc)'Term ~ \'l'),:,IIS '.' ~ STEVEN W. MCCUTCHEON, ~ ... Defendant ~ '.' l' ~ ',' DECREE IN DIVORCE AND NOW, .. ..~t'.pt~l/'>L:,d.. ..I.~...., 19 .1t}.., it is ordered and decreed that. . Y?~~~~. ,~~ . !'I.c.C:If~~.~E!<?~, . . ........ .. .....' ,., ., plaintiff, and .~t~:V.E!l). ~....f1~~.l\~9\1!'!?,n. .. .... .. .., . . . ...... ..... , ......, defendant, are divorced from the bonds of matrimony. ,', ~ ~ ,'; ~ ~ I'~ W ~.' ~ .'. M .'~ M :.; w ~.' ~ 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; ,', ~ ~ ..- ~.; ~ NONE .. ........ " ,... .... ,... ,......... ,........ ......,..".... " ,..... ........, " ~ s .' ,'. if. " ,', !' ~ ~, n y The CIJ1;, Ie 6,fr d. AlIe.t: . " '? --/ - J. ~~"'.<<' Et~'" /~/;(,""'7 'kl},lt H.':. /- (/~ ,It-" J);;;( (j - UrntlHlllolary .', f, " ~ ~ :;( ~~._.._........ ..-......-...... .~-~-**~~,.~****.~~,.~.*~.,~,.*. , .~ .:.;. .:+;. .:.:. .:~;. .:+;, ,:.:- ,:t:. ,:t:. .:t:. .:.:.' ~ ~.~ ~ '.' ~ '.' ~ ',' ~ I' '.' ~ ',' ~ .,~ ~ '.' ~ ~ '.' ~ ... .. ~ ~ ',' ~ '.' ~ !.., ~ ~.f ~ ~.~ ~ ',' ~ ~. ~ ',' ~ ~.~ ~ " ~ ,I ~ ~.: ~ ~ '.' ~ ',' ~ '.' ~ '.' * ~ '.' ~ ~ ~~ I.. \ . \,', ;~ ~ .. ~ ~ ">. '>'; ot I': hi ~,~~ {,~," fL." (~!'I:.. I' I " "1"1. f:E f~, j..: 1.1. o <"'J N ii, .~ ,.. "-; >. ). ; -- ;:._J <::. ",,'I ... ' ~ .; / (,' .,' t..-It!j ..'" '~ ; '-"- ~i U <l.. !JJ V) r- 0'\ z '" < <: ~~ '::I-<~~ 1:.. ~ 0 ~ III 0 . . ~ ~g lil1:> ~ ~ ~ '" ~~ '" Z -1'zo> ~ I Ol "'D 0 II .. l:l .... >: :.; ~i ~ ~ ~~ H t'l \J1 Z n \J1 i:l '" :.: :.: n~ ~cnC>CD "'" :.: I n n "'~21Ul~~ H t'l n n g 0 0,.", t'" H ::i ~~ . z" ~ '. ~ ~ <: 'T1;~ ::l ~ H n ~ t'" i;J ~ .. "'4 ... ' >-i . 0 '::I"'" 0 0 ~ 'tl~ ...m ~ t'l El t>l z ~li1:l '" ~ ~~ .0 t'l - , c:: ~ OlUlcn ~. H "''tl ~c: III ><t'" Ul",_ "'Ulnl ~~ cl> '" " 0 ~ ~ '" ~!;l ..0 ..' . . .'. .. I IN THE COURT OF COMMON PLEAG OF CUMBERLAND COUNTY, PENNSYLVANIA ~ I. t' " - NO. 95-l557-CIVIL TERM I; I VONNIE K. McCUTCHEON V5. STEVEN W. McCUTCHEON CIVIL ACTION - LAW DECREE AND ORDER AND NOW, to wit, this day of , 1997, the Court, by virtue of the authority vested in it by law, decreuD that VONNIE K. McCUTCHEON and STEVEN W. McCUTCHEON ore hereby divorced from the bonds of matrimony, and all the duties, rights, and claims accorded to either of the parties at anytime heretofore, in pursuance of the marriage, shall henceforth cease and determine, and the parties shall severally be at liberty to marry again as if they had never been married. AND, IT IS FURTHER ORDERED, ADJUDGED AND DECREED, pursuant to Pa.R.Civ.P. 1920.1 et seq. and Act 26-1980, 23 Pa.C.S. section 3101 et seg., "The Divorce Code," that the terms, provisions, and conditions of a certain Marital Settlement Agreement between the parties dated September 8, 1997, attached to this Decree and Order as Exhibit "A" is hereby incorporated into this Decree and Order by reference Law Ollleo. 01 1111.. S. elnn, elqul,l as fu l] Y as though the Game were set forth herein at length. P.O. Box 5185 135 No~h Goorgo SI. Sullo 303 York, PA 17405.5185 .\ . Exhibit "A" shall not merge with but shall survive this Decree and Order. .. ~ . This Court hereby retains continuing jurisdiction over this Decree and order for the purpose of ensuring compliance with ijnd enforcement of the terms of Exhibit "A." BY THE COURT: Judge Prothonotary law Offi<a. 01 NIIII s. alnn, esquire P.O. Bo. 5185 135 Nonh Oaorga 51. 5uila 303 Vork. PA 17405.5185 MARITAL SETTLEMENT AGREEMENT THIS AGREEMENT Introduct~n j made this q '\ day of IlUejIL'[1 VONNIE K. McCUTCHEON ("Wife") and 1997, by and between STEVEN W. McCUTCHEON ("Husband"). WITNESSETH: WHEREAS, the Parties hereto are Husband and Wife, having been married on February 14, 1992, at Winchester, Virginia. There are no children born of this marriage. WHEREAS, diverse unhappy differences, disputes, and difficulties have arisen between the Parties and it is the Law Ollieo. of Nil.. S. alnn, elqulr. P.O. Box 5185 135 North Ooergo 51. 5uile 303 York, PA 17405.5165 intention of Wife and Husband to live separate and apart for the rest of their natural lives, and the Parties hereto are desiroua of settling fully and finally their respective financial and property rights and obligations as between each other including, without limitation: the ownership and equitable distribution of marital property; the past, present, and future support, alimony, alimony pendente lite, or maintenance of Wife by Husband or of Husband by Wife; and in general, any and all claima and posaible claims by one against the other or against their respective estates. NOW, THEREFORE, in consideration of the premises and of the mutual promises, covenants, and undertakings hereinafter set forth and for other good and valuable consideration, receipt of which is hereby acknowledged by each of the 1 Exhibit "A" Parties hereto, Wife and Husband, each intending to be legally bound hereby, covenant and agree as follows: Section 1 General Provisions 1, AGREEMENT NOT A BAR TO DIVORCE PROCEEDINGS This Agreement shall not be considered to affect or bar the right of Wife or Husband to a divorce on lawful grounds if such grounds now exist or shall hereafter exist or to such defense as may be available to either Party, This Agreement is not intended to condone and shall not be deemed to be a condonation on the part of either party hereto of any act or acts on the part of the other Party which have occasioned the disputes or unhappy differences which have occurred prior to or which may occur subsequent to the date hereof. The Parties intend to secure a mutual consent, no- fault divorce pursuant to the provisions of Section 330l(c) of the Divorce Code of 1980, as amended. 2, EFFECT OF DIVORCE DECREE The Parties agree that unless otherwise specifically provided herein, this Agreement shall continue in full force and effect after such time as a final decree in divorce may be entered with respect to the Parties, Law Office. of Nil.. S. Btnn, Esqulr. P.O. Bo. 5185 135 North George 51. 5ull. 303 York. PA 17405.5185 2 3, AGREEMENT TO BE INCORPORATED BUT NOT MERGED IN DIVORCE DECREE In the event that either of the Parties shall recover a final judgment or decree of absolute divorce against the other in a court of competent jurisdiction, the provisions of this Agreement may be incorporated by reference or in substance but shall not be deemed merged into such judgment or decree. This Agreement shall survive any such final judgment or decree of absolute divorce, shall be entirely independent thereof, and the Parties intend that all obligations contained herein shall retain their contractual nature in any enforcement proceedings, whether enforcement is sought in an action on the contract itself or in any enforcement action filed to the divorce caption, 4. DATE OF EXECUTION The "date of execution" or "execution date" of this Agreement shall be defined as the date upon which it is executed by the Parties if they have each executed the Agreement on the same date. Otherwise, the "date of execution" or "execution date" of this Agreement shall be defined as the date of execution by the Party last executing this Agreement, Law Office. of NU.. S. Bin". Eaqulre P.O. Box 5185 135 North Oeorga 51. Sullo 303 York, PA 17405.5185 3 5. DISTRIBUTION DATE The transfer of property, funds, or documents provided for herein ahall take place on the "distribution date" which shall be defined as the date of execution of this Agreement unless otherwise specified herein. 6. ADVICE OF COUNSEL The provisions of this Agreement and their legal effect have been fully explained to the Parties by their respective counsel, Michael L, Rozman, Esquire, for Husband and the Law Officea of Niles S. Benn, Esquire, by Martin Miller, Esquire, for Wife. The Parties acknowledge that each has received independent legal advice from counsel of their selection and that they have been fully informed as to their legal rights and obligations, including all rights available to them under the Pennsylvania Divorce Code of 1980, as amended, and other applicable laws. Each party confirms that he or she fully understands the terms, conditions, and provisions of this Agreement and believes them to be fair, just, adequate, and reasonable under the existing circumstances, The Parties further confirm that each is entering into this Agreement freely and voluntarily and that the execution of this Agreement is not the result of any duress, undue influence, collusion, or improper or illegal Law Omce. of agreement or agreements. Nil.. S. B.nn, E.qulro P.O. Be' SIBS 135 North George 51. Sulle 303 4 York, PA 17405.51B5 law Office. of Nil.. S. Btnn, elqulr. P.O. Box 5185 135 Nonh George 51. Suil. 303 York, PA 17405.5185 7. PERSONAL RIGHTS Wife and Husband may and shall, at all times hereafter, live separate and apart, They shall be free from any contact, restraint, interference, or authority, direct or indirect, by the other in all respects as fully as if they were unmarried, Each may, for his or her separate use or benefit, conduct, carryon, and engage in any business, occupation, profession, or employment which to him or her may seem advisable. Wife and Husband shall not molest, harass, disturb, or malign each other or the respective families of each other nor compel or attempt to compel the other to cohabit or dwell by any means whatsoever with him or her. 8, MUTUAL RELEASES Except as otherwise expressly provided by this Agreement: (a) Each Party hereby absolutely and unconditionally releases and forever discharges the other and the estate of the other for all purposes from any and all rights and obligations which either may have or at any time hereafter have for past, present, or future support or maintenance, alimony pendente lite, alimony, equitable distribution, counsel fees, costs, expenses, and any other right or obligation, economic or otherwise, whether arising out of the marital relationship or otherwise, including all rights 5 and benefits under the pennsylvania Divorce Code of 1980, its supplements and amendments, as well as under any other law of any other jurisdiction, except and only except all rights, agreements, and obligations of whatsoever nature arising or which may arise under this Agreement or for the breach of any provision thereof. Neither Party shall have any obligation to the other not expressly set forth herein, (b) Each Party hereby absolutely and unconditionally releases and forever discharges the other and his or her heirs, executors, administrators, assigns, property, and I' I i , I I Ii i'l estate from any and all rights, claims, demands, or obligations arising out of or by virtue of the marital relationship of the Parties or otherwise, whether now existinq or hereafter arising, The above release shall be effective regardlesa of whether such claims arise out of any former or future acts, contracts, engagements, or Low Offic.. 0' , NU.. S. Blnn, Elqulrl P,O. Bo. 5185 135 Nerth Goorge 51. Sull. 303 York, PA 17405.5185 liabilities of the other or by way of dower, curtesy, widqw'S or widower's 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 surviving spouse to participate in a deceased spouse's estate, whether arising under the laws of the Commonwealth of Pennsylvania, any state, commonwealth, or territory of the United States, or any other country. It is expressly 6 understood, however, that neither the provisions of this release nor the subsequent entry of a divorce decree are intended to defeat the right of either Party to receive any insurance proceeds at the death of the other of which she or he is the named beneficiary (whether the beneficiary designation was made prior or subsequent to execution hereof), nor to defeat the right of either Party to receive any legacy, bequest, or residuary portion of the other's estate under his or her will, or to act as personal representative or executor if so named by the will of the other, whether such will was executed prior or subsequent to this Agreement. Nothing contained herein shall limit or restrict either Party from changing his or her Will or the beneficiaries of any life insurance policies. (c) Except for any cause of action for divorce which either Party may have or claim to have, and except for the obligations of the Parties contained in this Agreement and such rights as are expressly reserved herein, each Party gives to the other by the execution of this Agreement an absolute and unconditional release and diacharge from all causes of action, claims, rights or demands whatsoever, in law or in equity, which either Party ever had or now has against the other, law Offic.. of Nil.. S, Blnn, Elqulro P.O, BOk 51B5 135 Nonh Ooorgo 51. Sullo 303 York, PA 17405.51B5 7 law omc.. 01 NIIOI S, Bonn, Eoqulro P.O. Bo' 5185 135 Nonh George 51. Sull. 303 York, PA 17405.5185 9. FINANCIAL DISCLOSURE The partiea acknowledged that they have made to each other a full and complete disclosure of each other's income, assets, liabilities, holdings, and estate and that they waive any specific enumeration thereof for the purpose of this Agreement, Each Party agrees that he or she shall not, at any future time, raise a defense, or otherwise, with regard to the lack of such disclosure in any legal proceeding involving this AgIeement, with the exemption of disclosure which may have been fraudulently disclosed. 10. 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. 11. LAW OF PENNSYLVANIA APPLICABLE This Agreement shall be construed in accordance with the laws of the Commonwealth of Pennsylvania. 12, AGREEMENT BINDING ON HEIRS Except as may otherwise be provided, this Agreement shall be binding and shall inure to the benefit of the Parties hereto and their respective heirs, executors, administrators, successors, and assigns, B 13, INTEGRATION This Agreement constitutes the entire understanding of the Parties and supersedes any and all prior agreements and negotiations between them. There are no representations or warranties other than those expressly set forth herein. 14, OTHER DOCUMENTATION Wife and Husband covenant and agree that they will forthwith (and within at most twenty (20) days after demand therefore) execute any and all written instruments, assignments, releases, satisfactions, deeds, notes, or such other writings aa may be necessary or desirable for the proper effectuation of this Agreement. 15. NO WAIVER OF DEFAULT low Olfico. of Nil.. S, Blnn, Elqulro P.O, Box 5185 135 No~h Goorgo 51. Sullo 303 York, PA 17405.5185 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 the waiver of any breach of any provision hereof be construed as a waiver of strict performance of any other obligation herein. 9 16, SEVERABILITY AND INDEPENDENT AND SEPARATE COVENANTS The Parties agree that each separate obligation contained in this Agreement shall be deemed to be a separate and independent covenant and agreement. 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. The failure of any Party to meet her or his obligations under anyone or more of the paragrapha herein, with the exception of the satisfaction of any conditions precedent, shall in no way avoid or alter the remaining obligations of the Parties, 17, HEADINGS NOT PART OF AGREEMENT Any headings preceding the text of the several paragraphs and subparagraphs hereof are inserted solely for convenience of reference and shall not constitute a part of this Agreement nor shall they affect its meaning, construction, or effect. 18, CONTRACT INTERPRETATION law Offices 0' Nil.. 8, Blnn_ Elqulro P.O. Box 6185 135 No~h O.erg. 51. 5ull. 303 York, PA 17405.5185 For purposes of contract interpretation and for the purpose of resolving any ambiguity herein, Husband and Wife agree that this Agreement was prepared jointly by their respective attorneys. 10 19, PENDING LITIGATION i , I I I. " 1\ " : t There is no pending litigation between the Parties other than a filed divorce action. 20. RELIGIOUS ANNULMENT The Parties will not seek a religious annulment of this marriage, 21. BANKRUPTCY OR REORGANIZATION PROCEEDINGS Lsw Ollies. of Nil.. 8. Bonn, Eoqulro P,O, Box 5185 135 North Osorgs 51. 5uils 303 York. PA 11405.5185 In the event that either party becomes a debtor in any bankruptcy or financial reorganization proceedings of any kind while any obligations remain to be performed by that Party for the benefit of the other Party pursuant to the provisions of this Agreement, the debtor spouse hereby waives, releases, and relinquishes any right to claim any exemption (whether granted under state or federal law) to any property remaining in the debtor as a defense to any claim made pursuant hereto by the creditor-spouse, and the debtor-spouse hereby assigns, transfers and conveys to the creditor-spouse an interest in all of the debtor's exempt property sufficient to meet all obligations to the creditor- spouse as set forth herein, including all attorney's fees and costs incurred in the enforcement of this Paragraph or any other provision of this Agreement, No obligation created by this Agreement shall be discharged or dischargeable, regardless of federal or state law to the contrary, and each Party waives any and all right to assert 11 that any obligation hereunder is discharged or dischargeable. 22, EFFECT OF RECONCILIATION OR RECONCILIATION ATTEMPT I This Agreement shall remain in full force and effect even if the Parties reconcile, cohabit as husband and wife, or attempt a reconciliation. This Agreement shall continue in full force and effect and there shall be no modification I I or waiver of any of the terms hereof unless the parties, in writing, signed by both partiea, execute a statement declaring this Agreement or any term of this Agreement to be null and void, Section 2 Spousal Support, Alimony and Alimony Pendente Lite provisions 1. WAIVER OF SPOUSAL SUPPORT AND ALIMONY PENDENTE LITE Husband and Wife do hereby waive, release, and give up any rights arising from the continuing existence of their marital relationship which either may have against the other for spousal support, alimony pendente lite, or other maintenance of any kind, except as otherwise specifically provided herein. 2, WAIVER OF ALIMONY Law Olne.. of Nil.. S. Blnn. elqulro P.O, Box 5105 135 Nonh Goorg" 51. Sullo 303 York, PA 11405.5105 Husband and Wife do hereby waive, release, and give up any rights which either may have against the other to 12 law Ollie., of Nil.. S, Blnn, E,qul" P,O, Bo. 51B5 135 Nonh G.org. 51. 5ull. 303 York, PA 17405,51B5 receive alimony or other post-divorce maintenance or support. It shall be, from the execution date of this Agreement, the sole responsibility of each of the respective Parties to sustain himself or herself without seeking any support from the other party, Section 3 Property Distribution provisions 1. PERSONAL PROPERTY Huaband and Wife do hereby acknowledge that they have previously divided their tangible personal property including, but without limitation, jewelry, clothes, furniture, furnishings, rugs, carpets, household equipment and appliances, pictures, books, works of art, and other personal property, Wife agrees that all of the property in the possession of Huaband shall be the sole and separate property of Husband: Husband agrees that all of the property in the possession of Wife shall be the sole and separate property of Wife. The Parties do hereby specifically waive, release, renounce, and forever abandon any claima which either may have with respect to the above items, which shall hereafter be the sole and exclusive property of the other. 2, GOLF CLUBS HUSBAND shall return to WIFE the golf clubs as well as any accessories to same that WIFE'S father had loaned to 13 HUSBAND. HUSBAND shall deliver the golf clubs and all accessories to WIFE on the date of distribution as provided herein. 3. WIFE'S DEBTS WIFE represents and warrants to HUSBAND that since the Parties' marital separation, she has not contracted or incurred any debt or liability for which HUSBAND or his estate might be responsible and WIFE further represents and warrants to HUSBAND that she will not contract or incur any debt or liability after the execution of this Agreement, for which HUSBAND or his estate might be responsible, WIFE shall indemnify and save harmless HUSBAND from any and all claims or demands made against him by reason of debts or obligations incurred by her. 4. HUSBAND'S DEBTS Law Ome.. 01 Nil.. s, alnn, elqulro P.O, Bo, 5185 135 Nonh Oaorga 5t. Sullo 303 York, PA 17405.5185 HUSBAND represents and warrants to WIFE that since the Parties' marital separation, he has not contracted or incurred any debt or liability for which WIFE or her estate might be responsible and HUSBAND further represents and warrants to WIFE that he will not contract or incur any debt or liability after the execution of this Agreement for which WIFE or her estate might be reaponsible. HUSBAND shall indemnify and save harmless WIFE from any and all claims or demands made against her by reason of debts or obligations incurred by him, 14 5. MARITAL DEBTS WIFE shall assume and be responsible for the Mastercard credit card obligation, The outstanding balance is approximately Two Thousand Nine Hundred Dollars and Zero Cents ($2,900,00), 6, RETIREMENT BENEFITS Huaband and Wife hereby specifically release and waive any and all interest, claim or right that he or she may have to any and all retirement benefits (including pension or profit sharing benefits) or other similar benefits of the other Party, The Parties further acknowledge and agree that they shall execute any documents pursuant to the Retirement Equity Act or any similar act that may be required from time to time to accomplish the purposea of this paragraph, 7, AFTER-ACQUIRED PROPERTY Each of the Parties shall hereafter own and enjoy, independently of any claim or right of the other, all items of property, be they real, personal, or mixed, tangible or intangible, which are acquired by him or her after execution of this Agreement, 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. B, TRANSFER OF REAL ESTATE Low omcBI of NU.. S, Blnn, Elqulrl P.O. Bo, 5185 135 Nerth Ooorge 51. 5uUo 303 York, PA 17405,5185 Wife shall execute and deliver all documents in the usual form conveying, transferring, and granting to Husband 15 I LBW Ollie.. 01 I Nil.. S, Bonn, eoqulro P.O. Box 5185 lJ5 North OBOrg. 51. Sullo JOJ Yor.. PA 17405,5165 all of her right, title, and intereat in and to the real estate situate at and known as 3020 North Sixth Street, Harrisburg, Dauphin County, Pennsylvania, The said conveyance shall be free of all liens and encumbrances in the name of the Wife. Husband hereby agrees that within sixty (60) days after the date of distribution, he will cause the release of Wife from any and all liability or obligation on the mortgage notes or other obligations presently existing with respect to said premises and upon which both Parties hereto are liable. Husband will have Wife released from the liability and her name removed from all loans on the property including the existing primary mortgage and eecond mortgage, if any. Husband hereby guarantees to indemnify Wife and to hold her harmless for any and all payments due in accordance with the terms of the mortgages existing against the property. The documents conveying title to the property shall be prepared by Husband at his expense. The documents conveying title to the property shall be executed by Wife on the date of execution of this Agreement and shall be delivered to Martin Miller, Esquire, counsel for Wife, to be held in escrow and delivered to Huaband upon satisfaction of all terms herein. 16 I I I I ! I i Law Omce. 01 I NU.. S. B.nn, E.qulrt I P,O. Bo. 5185 i 135 Nerth George 51. I 5ulle 303 I York, PA 17405,5185 I 1 9, REAL ESTATE EXPENSES From the date of separation of the parties, which shall be defined as on or about September 30, 1993, Husband agrees to assume as his sole obligation any and all mortgage payments, taxea, utility charges, insurance, maintenance, repairs, claims, damages, and all other expenses and obligations, whether asserted or not, incurred in connection with the real estate situate at and known as 3020 North Sixth Street, Harrisburg, Dauphin County, Pennsylvania, Husband further agrees and covenants to hold Wife harmless from any liability or obligation arising from any expense incurred in connection with the said real estate. 10. EXCLUSIVE RIGHT OF OCCUPANCY OF REAL ESTATE From the date of execution of this Agreement, Husband shall have the exclusive right to occupy the premises situate at and known as 3020 North Sixth Street, Harrisburg, Dauphin County, Pennsylvania, free of rent without interference or harassment by Wife. 11. CONSIDERATION FOR TRANSFER OF REAL ESTATE In consideration for the conveyance set forth in this Agreement, Husband shall pay to Wife an amount equal to One ($1.00) Dollar, 12, COUNSEL FEES Each Party shall be solely responsible for his or her counsel fees, costs, and expenses. 17 Closing Provisions and Execution Each of the Parties has carefully read and fully considered this Agreement and all of the statements, terms, conditions, and provisions thereof prior to signing below, IN WITNESS WHEREOF, intending to be legally bound hereby, the Parties hereto have set their hands and seals the day and year first written above, ~~;1~ WITNESS ! - '11 { lJ' ~{J](.itU j( f~ (~ VONNIE K, McCUTCHEON ~ /,1 i , \, .// t-~l\ lr.). ()J/4 /' =< SEAL) SEVEN W. McCUTCaEO~ (SEAL) WITNESS low omce. of Nil.. 8. Bonn, Elqulrt P.Q, Box 5185 135 North George Sl. Suile 303 York, PA 17405.5185 18 I i I I I I Law Ornees of 1 NU.. S. B.nn. Elqulr. , 1',0, Do. 5185 i 135 Nerth George SI, SullO 303 York,PA 17405.5105 COMMONWEALTH OF PENNSYLVANIA I I" ", , . , and i I the ! . he I I, I SS, COUNTY OF YORK : On this the 0< T~ay of () ~ ~ ~ , 1997, before me, a Notary PUbll~~d for said County Commonwealth, personally appeared Steven W, McCutcheon, known to me to be the person whose name is subscribed to within Marital Settlement Agreement and acknowledge that executed it for the purposes therein contained, IN WITNESS WHEREOF, I have hereunto set my hand and official seal. c, NOTARIAL S L IDA C, BEISTLlrlE, Notary Public Harrtsburo, Dauphin County My Commission Expires May 20 0 otary Public ission expires: COMMONWEALTH OF PENNSYLVANIA SS, COUNTY OF YORK On this the 8!!2 day of ~J:1<<J , 1997, before me, a Notary Public in and for said County and Commonwealth, personally appeared Vonnie K, McCutcheon, known to me to be the person whose name is subscribed to the within Marital Settlement Agreement and acknowledge that she executed it for the purposes therein contained. IN WITNESS WHEREOF, I have hereunto set my hand and official seal. ~c~ ~ Q)(,Qj, '~Q Notary Public My Commission expires: g,'l c/o Nolarial Soal 19 Jody L, Pascavaoe, NOlary Public York, York Counly My Commission E.plres Sopl, 4, 2000 M,mUcr,l'nnnsylvanla Aneclallen el Nola/In '.-... ' , .. ,'.' , '." .' '-.,--, -'....~~-~~....... . , . . " I' '. "". ' '. I . ' ,,- 10 " fro i ~ ~~ ~.~: 111(:- .. " ( ,. (,.), , r":i. ,1_.' " ()t.~ . , . " [-'1' C~ ..- .:1" r-l. J..' C'. I I' , i ~l <.to , " ei r- i I,' (J ..... CJ"I - :~ ,"- "e. ~ ... \ . \ . ......,....-,\;,r""o\ (',.. ....s .1....) ~ ........ = .~ ~..:.,:,:I~ :~:~:;.. ~ -.. . '4' ' , I.~.' '. - ItJ..~~ ~.}:~~~ - co> .... -:r ,~ a: -. = \S "Sl ~ w:O 2 j;;" ~ t 111 P =:e III 1l 2 W m 0 ~l~~pl~ ~(~rnf~ .P :I " :I ~ ~ III - 'lg~ ~ .. lJ1 f1 .D ~1l1~ C ~rn~ ~ ~ 8 , '. . . '..;:) '" ~ \.." .-4 r-. .:J "('\ " -.:r- t.-:) ~ j- ~ ~ l\) 1'= '" r-" '-.)' ~ v.:, "- I \ '~, tJ. .'J') \ "-J I < ~ III ~ n.... c ~12l . .... ... .. C l'<l 0 l'<l~ 1Zi . l"l ~g ~ . !il n ~ ill t:l ne CO a ... E ~ < C3 c gJ .. n !!l ~~ ~ c , gJ t'l t:l.:"l c . c " ",.:"I ;~ '" " ... ~ ~ II tn'" II " ~E I-" " '" '" ~~ , , Lnw Ollleon 01 Nllee S, Benn, Eequlre P.O. Bo. 5165 135 North Onorgo 51. Sullo 303 York, PA 17405,5165 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA VONNIE K. MCCUTCHEON NO.: 1S - /j.5} 0 l-v-:-WL- Plaintiff vs. ACTION IN DIVORCE STEVENW.MCCUTCHEON Defendant 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 proceed without you and a decree of divorce or annulment 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 children. When the ground for the divorce Is indignities or Irretrievable breakdown of the marriage, you may request marriage counseling. A list of marriage counselors Is available in the Office of the Prothonotary at the Cumberland County Court House. IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY, COUNSEL FEES OR EXPENSES BEFORE THE FINAL 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, Lawyer Referral Service Court Administrator Cumberland County Courthouse 1 Courthouse Square Carlisle, PA 17013 (717) 240-6200 . . IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA VONNIE K. MCCUTCHEON Plaintiff NO.: VB. ACTION IN DIVORCE STEVEN W. MCCUTCHEON Defendant AVISO USTED HA SIDO DEMANDADO EN LA CORTE. SI usted deses. defenderse de las quejas expuestas en las paglnas slgulentes, debe tomar accion dentro de velnte (20) dlas a partir de ia fecha en que recibio la demanda y el avlso. Usted debe presentar comparecencla escrlta en persona 0 por abogado y pres en tar en la Corte por escrlto sus defensas 0 sus objeclones alas demandas en su contra. Se ie avlsa que 51 no se deflende, el caso puede pro ceder sin usted y la Corte puede decldlr en su contra sin mas avlso 0 notlflcaclon por cualquler dlnero reclamado en la demanda 0 por cualquler otra queja 0 compensaclon reclamados por el Demandante. USTED PUEDE PERDER DINERO, 0 PROPIEDADES U OTROS DERECHOS IMPORTANTES PARA USTED. LLEVE ESTA DEMANDA A UN ABOGADO INMEDIATAMENTE. SI USTED NO TIENE 0 NO CONOCE UN ABOGADO, VAYA 0 LLAME A LA OFICINA EN LA DIRECCION ESCRITA ABAJO PARA AVERIGUAR DONDE PUEOE OBTENER ASISTENCIA LEGAL. Lawyer Referral Service Court Administrator Cumberland County Courthouse 1 Courthouse Square Carlisle, PA 17013 (717) 240.6200 Law Ollie.. 01 Nil.. S. Bonn, e.qulro P.O. Box 5185 135 North Goorgo 5t. 5uilo 303 York. PA 17405.5185 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA VONNIE K. MCCUTCHEON Plaintiff NO.: VB. ACTION IN DIVORCE STEVEN W. MCCUTCHEON Defendant COMPLAINT \-1'- AND NOW, this ~ day of March, 1995, comes the Plaintiff, VONNIE K. MCCUTCHEON, by her attorneys, LAW OFFICES OF NILES S. BENN, ESQUIRE, and files this Complaint In Divorce of which the following Is a statement: COUNT I: DIVORCE 1. The Plaintiff, Vonnie K. McCutcheon, Is an adult Individual residing at 3B Southmont Drive, Enola, Cumberland County, Pennsylvania 17025. 2. The Defendant, Steven W. McCutcheon, is an adult Individual reSiding at 3020 North 6th Street, Harrisburg, Dauphin County, Pennsylvania 17110. 3. Both the Plaintiff and Defendant are sui juris and are citizens of the United States of America. 4. Plaintiff has been a bona fide resident of the Commonwealth for at " l' Law Ollieos 01 Nllo. S. Bonn, e.qulro P.O. Box 5185 135 Norlh Goorgo 5t. Sullo 303 York. PA 17405.5185 ieast six (6) month~ previous to the filing of this Complaint. -3- .' . IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA VONNIE K. McCUTCHEON : NO. 95-1557-Civil Term v. STEVEN W. McCUTCHEON AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed on March 24, 1995. 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety days have elapsed from the date of filing and service 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. r verify that the statements made in this Affidavit are true and correct. r understand that false statements herein are made subject to the penalties of 18 Pa, C. S., Section 4904, relative to unsworn falsification to authorities. Datel fi-9i- I~;u j/ JtI{~~ VONNIE K. McCUTCHEON Low Ollie.. 01 Nil.. S. Bann, eaqulra P.O. Box 5185 135 North George 51. Sullo 303 York. PA 11405.5185 >;: ,') ~( ,- (".. ,.' Ill.- 00 , (') . f::' -~ j ~) ~ , C.) C- U.- ~,! ~ (1 ~ .i 1.1~ LJ_' (..'.; ", t- ,S t':'" (;" ~ i;~: ,~) ,-- r' lJ I ~ l.l' !\~\ i (~I~ t~ L~_' ; [,: ~ ' I I' (~ Co' .-::1 r.. to U. \- ~)' ,"J , ,j - ,. . " . . . IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA VONNIE K. McCUTCHEON NO. 95-1557-Civil Term v. STEVEN W. McCUTCHEON AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed on March 24, 1995. 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety days have elapsed from the date of filing and service of the Complaint. 3. r consent to the entry of a final decree of divorce after service of notice of intention to request entry of the decree. r verify that the statements made in this Affidavit are true and correct. r understand that false statements herein are made subject to the penalties of 18 Pa, C. S., Section 4904, relative to unsworn falsification to authorities. Date: ,>;)?7/5 -"1 ncU-~_ ?~) IW/1:'L- _ ~:JEN W. Mccuic6w '>- .~I' if: i-- '1.. I," C' C' u.t. (. ',. -,., lJ.. . " " Il.j ~)( C) 0" tt,' -' II. ", i.e.l. " " l,! , v. I' ,- , <.) c' U ..:I' '>, ~~: 1-::' l LI ~--': ~2; t1-: ~, 0';- , . CJ" ~J J I '" E:'.~ i' 1.\. U 0\ ....; .::) , CoO' Lt.' V: r- r"..""; -i;.j t 'W- ::j o " . .' . . . IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA VONNIE K. McCUTCHEON NO. 95-1557-Civil Term v. STEVEN W. McCUTCHEON ACCEPTANCE OF SERVICE I, Michael L. Rozman, Esquire, do hereby represent that I accepted service herein on the J f of the Complaint in Divorce captioned day of ~1At.C.f/ _, 1995. I further represent that I am authorized to make this statement on behalf of my client, Steven W. McCutcheon. 14' .- Micnael L. Rozman Esquire Attorney I.D. # ~u-(),..3 District Attorney's Office Dauphin County Court House Front and Market Streets Harrisburg, PA 17101 Date: g - J 7 -~7 . ' ., ' .' . , ,,_' ."',, ..,,~' ,,': ' . 11 ,." : . ... _ -,~.,_.:..._.~-::-:-...=:::-:--:.::." '. ,..' , ,,- - 1"(: ..~, I.d iJ~ I C' , IlJ. ' C ~. {r.:. ~ 11" S1, :".,,:"1 Ii!' .-~ I . C' .'J \...~ ' L', : ..- I: ,",'j ". ,-. "j U U' () . . 0 r- -\ , J ~~ ~ j ~ ;V , ~ 1 i ~ s '3 ~ ~ .. ~ '. ~ "',- a) ,'- c; '" ~ ~. 1I)~'" 1.-',: ( , I' , ., '1__ , .! t;.. " / (~J .:::' Ll , : U.!'-.'._ " f=~.! . /,.. 'I I-~' c~ i.J..,. "-' --. , ". ,... j U (J~ U