Loading...
HomeMy WebLinkAbout95-01885 ... .~, .le' ,:tt. .le. .:tt. .:.;. ,:.;. -:c. -:c. .le' .:e, .:.:. .:.:. .:.:. .:<<. .:.:. .:<<. .:.:. .:<<. .:tI:"~,,,*'::':C-;:-lII>::':C',,':~ .:<<. .:.;. ":-lII>'::~ ~ '-- - -- -- - . . . ' ~ 8 M ' ~ IN THE COURT OF COMMON PLEAS : . ' ~ OF CUMBERLAND COUNTY ~ 8 8 : STATE OF '* PENNA. : $ $ 8 8 8 ' LINDAK. MU~I~IA, 11 N 1885 8 $ PLAINTIFF' n. ...... .......,...... .............. (l)95 8 ~ Vl')':H1:i ~ ~ DENNISI" MUMMA, 8 ~ DEFENDANT" t!I ~ ~ e ~ 8 DECREE IN DIVORCE AND NOW,.. ..f~~~'1" ..I.~......., 19.'~., it is ordered and decreed that.. . .. q~~~..~, ,~I.U.I1~I~. . ", . . .. . , .... .. , , .. .. . .." plaintiff, and. , , . , .. . .. .. , .. ~~~.N.~~, ~.'" ~~~I,~~~ "" .. .. . . " , .. , .. .... .., defendant. are divorced from the bonds of matrimony, n, Th. W~ of! Alle'I'U"./ ,.) U ,,1 .// -.I u't,..u.J r .:~(' ,/""("/Ift"'N..~/A-.,, I' _ :.S ';(:.1~ It,,' ,k'. X>/~. /:,'tZ i : ./ ~trlhonolnry' I: . _ , . __ . i:~ .:.:. .:.;. .:.:- .~.:- .:.:. .:.:. .:.:. .:.:. .:+:. .:.:. ~ .' 8 ~ t. 8 ~ ~ 8 8 8 8 " " 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; ~ ".. :r.~~ .~I!1.r..H!l,l. .~~~,t,1.E1I]1~.n.t; ,J,\8.r,'1~I)1J',I\t; .up,t,P,<J.Q<;to.ber, 27., .1.9,98"", is hereby in<;orporuted within the Divor<;e De<;ree. 8 8 ~ " . ...... " ,..... ..'.0'0... ,..... ...... .... .... ,,'0' .,.... ~ " ~ ~ ," 8 ~ - -_.._~---- ..--. .'.... .......,- ..' . -, ' . ~~~-~~--~-~--------- 8 I!i I!i ~ 8 " ~ ~ ~ ~ '. ~ ~ ~ '. ~ '. ~ '. ~ '.' ~ '. * s I" ,0', J. 1'- ! . . . jmb/mumma.sapsa April 17, 1996 MARITAL SETTLEMENT AGREEMENT this 'Jtl.}\.' day of OCfoBE:R. \l\q~ ~, Agreement, made between LINDA K. MUMMA (hereinafter called "Wife") and DENNIS W. MUMMA (hp.reinafter callp.d "Husband"), W1TNESSETHI The lJarties hereto are Wife nlld Husband, having been Inarr l~d on Novembar 18, 1978, at Dillun, South Carolina. There were no children born of this marriage; however, two children of Wife's prior relationship were adopted by Husband, Those two adopted children are: Regina L, Mumma, date of birth June 11, 1971, and Daphne D, Mumma, date of birth February 29, 1976. 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 hereto desire to settle fully and finally their respective financial and property rights and obligations as between each other, including without limitation: (1) the settling of all matters between them relating to the ownership of real and personal property; (2) the settling of all matters between them relating to the past, present and future support and/or maintenance of Wife by Husband and of Husband by Wife; and (3) in general, the settling of any and all claims and possible claims by one against the other or against their respective estates, NOW THEREl:'ORE, in consideration of the premises and of the mutual promises, covenants and undertakings hereinafter sot -1- jmb/mumma,sapsa April 17, 1996 compel or attempt to compel the other to cohabit or dwell by any means or in any manner whatsoever with her or him, 3. PERSONAL PROPERTY: Wife and Husband do hereby acknowledge they have heretoft)re divided the marital property, including, but without limitation, jewelry, clothes, furniture and other personalty, and hereafter, Wife agrees that all of the property in the pORsession of Husband shall be the sole and separate property of Husband; and, Husband agrees that all property in the possession of Wife shall be the sole and separate property of Wife. Each of the parties does hereby specifically waive, release, renounce and forever abandon whatever claims, if any, she or he may have with respect to any of the above items which are the sole and separate property of the other. In addition, the parties hereto agree that the 1988 Ford F-1S0 Pick-Up Truck and the 1994 Harley Davidson Ultra Classic Motorcycle and motorcycle trailer shall remain the sole and absolute property of Husband, Husband covenants and agrees to pay and discharge the existing lien on the vehicles in accordance with its terms and agrees to indemnify Wife from any loss by reason of his default in the payment thereof and agrees to save Wife harmless from any future liability in regard thereto, The 1991 Ford Probe automobile and the 1988 Harley Davidson 1200 Sportster Motorcycle shall remain the sole and absolute property of Wife. Wife " covenants and agrees to pay and discharge the existing lien on the -3- jmb/mumma,sapsa April 17, 1996 obligation of $738 multiplied by 12 then divided by 26. This figure shall be adjusted as necessary to reflect changes in the real estate taxes and cost of home owners insurance, In the event that Wife does not pay the mortgage pa~'Il1enttl, Husband shall make these payments directly to Countrywide Mortgage (or any company which subsequently purchases the mortgage on the 74 Pleasant Vi.e~' Drive property). Whet:her Husband makes the payments directly to Wife or, by reason of her default, makes payments directly to the mortgage holder, such payments shall be alimony, and as such, deductible to Husband and taxable to Wife. The parties agree that the entire amount being paid to Wife pursuant to this paragraph is a separate maintenance periodic payment, included and intended to be included with the income of Wife within the meaning and intent of Section 71 cf the United States Internal Revenue Code of 1954 and deductible from Husband's gross income pursuant to the provisions of Section 215 of the United States Internal Revenue Code of 1954, Wife agrees that all said payments shall be included as income of Wife in her >< pplicable tax returns and that she shall pay such taxes as may be required by reason of such inclusion. Additionally, at no time during Husband obligation concerning the currently outstanding mortgage on the 74 Pleasant View Property, or until the existing mortgage is satisfied, can Wife take an outstanding debt by posting said property as ... -5- .. jmb/mumma,sapsa' April 17, 1996 beneficiary of an amount of insurance sufficient to cover his obligation under this Agreement. Husband's obligation to maintain this policy shall end upon the death of either party, Wife's remarriage, or when the mortgage is satisfied either through sale or by satisfaction under itA terms, whichever event shall first occur, (b) Husband and Wife agree that. no other life insurance policies currently in effect or sUbsequently purchased shall require either party to name the other as a beneficiary. 8, LIABILITIES: Each party represents that they have not contracted any debt or liability for the other for which the estate of the other party may be responsible or liable, and that except only for the rights arising out of this Agreement. neither party will hereafter incur any liability whatsoever for which the other party or the estate of the other party. will be liable. Each party agrees to indemnify or hold the other party harmless from and against all future obligations of every kind incurred by them. including those for necessities, 9 . ALIMONY: Both parties acknowledge and agree that the provisions of this Agreement providing for equitable distribution of marital property are fair, adequate and satisfactory to them and are accepted by them in lieu of and in full and final settlement '- and satisfaction of any claims or demands that either may now or -7- jmb/mumma. sapsa' April l?, 1996 hereafter have against the other for support, maintenance or alimony, 10, ALIMONY PENDENTE LITE, COUNSEL FEES, AND EXPENSES: Husband and Wife acknowledge and agree that the provisions of this Agreement providing for the equitable distribution DC mar1tal property of the parties are faIr, ad~quat~ and satisfactory to them, Both parties agree to accept the provisions set forth in this Agreement in lieu of and in full and final settlement and satisfaction of all claims and demands that either may now or hereafter have against the other for alimony pendente lite, counsel fees or expenses or any other provision for their support and maintenance before, during and after the commencement of any proceedings for divorce or annulment between the parties, 1r. AGREEMENT NOT PREDICATED ON DIVORCE: It is the intention of the parties that neither shall move forward to finalize a divorce at the present time. However, in the event that either party desires to move the divorce forward to finalization, the parties agree that they shall forthwith execute such consents, affidavits or other documents and to direct their attorneys to forthwith file such consents, affidavits, or other documents as may be necessary to promptly proceed to obtain a divorce, Upon request, to the extent permitted by law and the applicable Rules of Civil Procedure, the named .... defendant in such divorce action shall execute any waivers of -8- jmb/mumma,aapsa' April 17, 1996 notice or other waivers necessary to expedite such divorce, Husband and Wife each knowingly and understandingly hereby waives any and all possible claims that this Agreement is, for any reason, illegal or for any reason whatsoever, unenforceable in whole or in pal t, Husband "oct Wife each ria hereby warrant, covenant and agree that, in any possIble event, he and she are and shall forever be eo topped from asserting any illegality or unen(orceabllity aR to all or any part of this Agreement, 12, ENTRY AS PART OF DECREE, It is the intention of the parties that the Agreement shall survive any action for divorce which may be instituted or prosecuted by either party and no order, judgment or decree of divorce, temporary, final or permanent, shall affect or modify the financial terms of this Agreement, This Agreement shall be incorporated in but shall not merge into any such judgment or decree of final divorce, but shall be subject to the Court for enforcement purposes only. 13, MUTUAL RELEASE, 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 and interests, or claims in or against the property (including income and gain from property hereafter accruing) of the other or against the "- estate of such other, of whatever nature and wheresoever situate, -9- jmb/mummu,tlupsU Apdl 17, 1996 which she or he now hus or at any time hereafter may have against the other, the estate of such other 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 dowel' or curt:eoy or widclo," s or widower's rights, family axemption or aimildr allowance, or under the intestate laws, or the right to take a~di.naL thE" SPOUSE:'!J will; or the riqht 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 (a) Pennsylvania, (b) any State, Commonwealth or territory of the United States, or (c) any other country, or any rights which Wife may have or at any time hereafter 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 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, It is the intention of Wife and Husband 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, Bubj ect, however, -10 - r' '.::'J 0 ~ ,0:> ." ." -I -', ,..., (,1) " " Xl . 'I'" . , "'~ ,'" -n ., I'.ll-) ~! :1:\:l ..'.. -4'.l.., ~ '~S~l ~~ . ' --i , .....) ?1 , ,I"" -, ... ~.' .... ,~ . 'r It- ~ ~ ~ ,) .~ 'l~"">., .~ "' ~ .~v{ ~ ~ I' &, " ri L-r'> t~ ~i ~ (Y) :J en =--:: (VI N, ~ ,.- ,') i , 1\ -:\\ .,,", c; \} ;) '> :r -.... 'I..J C, r@ (Y) ~(j l;; ':J ~ ~ ~ "- (~I -- .:;.." - 'A- - P: \)I .~ _.t ih ~ g1 ..... ~ 03: ,.:!:! ..... ~ j Ul 0 'p ti r- ~ -~ ~ - .~ Q ~ < ~ - -Q) ~ ~ I!i ~~It) ~~ $~ I ... . 5 <( ~ ~I!' ~ :J: . Ul ~ ~ :> I ~ ~~ ~ t)~ '1 LINDA K. MUMMA, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW : NO, 95. CIVIL TERM : IN DIVORCE V, DENNIS W. MUMMA, Defendant COMPLAINT UNDER SECfION 3301(c) or 3301(d) OF TilE DIVORCE CODE l. Plaintiff is LINDA K. MUMMA, who currently resides at 74 Pleasant View Drive, Mechanicsburg, Cumberland County, Pennsylvania, 17055. 2, Defendant is DENNIS W. MUMMA, who currently resides at 967 West Trindle Road #7, Mechanicsburg, Cumberland County, Pennsylvania, 17055. 3, Plaintiff has been a bona fide resident in the Commonwealth for at least six months immediately previous to filing of this Complaint. 4, Plaintiff and Defendant wcre marricd on November 18, 1978, in Dillon, Dillon County, South Carolina, 5, There have been no prior actions of divorce or for annulment between the parties hereto in this or any other jurisdiction. 6, The marriage is irretrievably broken. 7. Plaintiff has been advised that counseling is available, and that Plaintiff may have the right to request t1lat the Court require the parties to participate in counseling. 8. Plaintiff requests the Court to cntcr a Decree in Divorce. t. ;';/ ;,,~,.. '-. \ I~~~;; ~~,t:r~l!~'},! ~ ~lrAl:.I': " ~!{I~::: 't'^"'" It ." " , LAw OffiCES Of PAUL BRADFORD ORR A nOaNEY AT LAw 50 EAsT HIGII STREET CAaUSlE. PA 17013 (717) 258.8558 R!.m-CtT1CE O~ Ti ,.' ,..~ I"'" "T'''Y l;~ ';" , ,:. ,I,UII';l -.:'.-j; Wl~'~' ~~;;~L-:'i , n,,__', ;;'>";:~!'" rn rr.n -:.1 ~. 'I'" ?II 1; . :'.~J ;'>.~.-:--, -- ".-;. ,::,:i/;" ~t~.\,:~" ;!~(AF:'<,<!-; J ~.i,_~!_,~; - "F' .-r':,:' ': :~ \ ;~:1 {~{h ..' I ',". ..ti';..',,;, ,>'-f C,' " ~'" /~j:1 " ...,,,,. ':,{;,~1j ",\;~ ,;~~ "1);.;,~i~ :.'J;:j ..'W~ . ,,,-!"fi .-',\I~~11 ,--:. ~;,; ; '~~~~i~ ',' ~,l1\1 l" "q,iZ ' '''/'-- , "',C, "';",,~-.- ,-- .-.~-"--.,-,,,. _:,\'~;?{t~ "-'_:'r,;-'k;"'-K~ "':~:cl,'?~~ ';:iA-;;~~:: - ";,"'Z~ C', ;'1 ,i'!;;:/.: f-:-::":fL{i::';" ,{{,,!;F,- -;>';':'~ .-,.,~.., , ,,,-,. i,:~,~,' . ::i\i~~7 -;"-,, , ;,':u --:,:~-\~ "',-0,- ':.1-' ^ ---.,;-"':::::- .J .'f:. :--" 7i!-, LAw OFFICES OF PAUL BRADFORD ORR ATTORNEY AT LAw 50 EAST HlGII STREET CARLISLE, PA 17013 (717) 258.8558 Fi' ::r).{\:[-1f"C (1-'" ~" d .\,/.- , , ^ 'n'w f " r',- :~: ::!: ,.". , '~---'\-:_,'.:, ';j__):,_L",.,, "'.j'. t~h~.< : ,~'" -. :~'l" cd" Flfi.n .oli~~nf'\r: CO: T! n' -~: I '\''IT;,\Qy :i') r:-"\,~ ': '). "11 0.10.' ! p. LAw OFFICES OF PAUL BRADfORD ORR ^ HOIINEY AT LA\\' SO EAsT HIGH STREET CARLISLE, PA 17013 (717) 258.8558 - , ,') l " 1 :! I '! , , " r '.J :a !i") '" " ,I ,.1 ...: