HomeMy WebLinkAbout95-01969
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of the purties that sllch division shall be final und shull forever detennine their rcspective rights.
The division of existing marillll property is not illlcnded by the purties to constitute in any way a
sale or exchange of asscts.
3.
Forthcr, the parties agree to continue living separately and apart Irom thc other at any
place or places that he or she may sclcct as thcy have herctoforc bccn doing. Ncithcr party shall
molcst, harass, annoy, injure, thrcaten or interfere with thc othcr party in any mattcr whatsoevcr.
Each pany l11ay carr)' on and cngage in any cmployment, profession, busincss or othcr activity as
hc or she may dccm advisuble for his or her sole use and bcncfit. Neither party shall interfere
with the uses, owncrship, enjoyment or disposition of any property now owned und not specilied
herein or property hcrcuner acquircd by thc othcr.
4.
The consideration for this contruct nnd agrecmcnt is the mutual bcnclitto bc obtuincd by
both of thc partics hcrcto and thc eovcnants and agreements of cach of the partics to thc other.
The adcquacy of thc consideration for all agreements hercin contained is stipulatcd, confessed,
and udmittcd by the parties, and the parties intcnd to be legally bound hereby.
each party to the Agreement acknowlcdges and dcclarcs that hc or she,
respcctivcly:
(I) is reprcsentcd by counsel of his or hcr own choosing;
(2) is fully and complctcly informcd of the fhcts rclating to thc subjcctmuller of
this Agrccment and of thc rights and Iiabilitics of thc partics;
(3) entcrs into this Agrecment voluntarily ancr receiving thc advice ofcounscl;
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(4) hilS givcn careful and 11111turc thought to the making of this Agrccmcnt;
(5) has earcfully rcad euch provision of this Agrccment; and
(6) fully and completely understands cueh provision of this Agrcemcnt, both us to
thc subjectmatler and Icgal cllcct.
This Agrccmcnt shull bccomc etlcctivc inllncdiutely us of the dute of cxccution.
5.
It is the purpose und intent of this Agrccmcntto sctlle forcvcr IInd eomplctcly thc intercst
and obligutions of the purtics in ull propcrty that they own sepurulely, and ull property that would
qualifY as marital property under the Pennsylvania Divorce Code, Title 23, Section 401(c), IInd
thai is refcrred to in this Agreelllent as "I\-farital Property", as bctween thclllsclves, thcir hcirs IInd
assigns. The punics hllvc utlcllIptcd to divide thcir Maritull'roperty ill II IllUnllcr thlll cOllfulIlIS to
u just and fuir slundurd, with due regard to the rights of clIch Party. The division of cxisling
Murital Property is not intendcd by the parties to constitute in uny WilY a sule or cxchange of
assets, and the division is bcing effected without the introduction of outside funds or other
property not constituting u part of the Illaritlll estate.
It is the further purpose of this AgrcelllcntlO settle forever and completely uny obligation
under the Pcnnsylvania Divorce Code rclating to spousal support or nlimony.
6.
Each party reprcscnts IInd IVlIrrnnts thllt he or shc hus mudc u lull and luir disclosurc to the
other of all of his or her propcrty intcrcsts of IIny naturc, including uny Illortgagc, pledge, Iicn,
ehargc, sccurity intcrest, cnculllbrunce, or rcstrictionto which ,lilY propcrty is subjcct. Elich party
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In the cvcnt HUSBAND is unablc to obtain Iinancing or othcr mcthod of puyment within
(30) days from the datc of this Agrccmcnt, HUSBAND and WIFE IIgrce that the prcvious
provisions of this paragraph shall becomc null nnd void and that the real estate shall be
immediately list cd for sale. Thc partics lurther ugrcc that nll proceeds from the sale of the marital
residence, if necessary, shall bc cqunlly divided ufter pnymenl of all necessnry expenses associated
with sale and trnnsfer of the marital rcsidencc.
HUSBAND and WIFE further agree that thcy shall each assume liability for his or her
respective share of any capital gains taxes which may be nssesscd hercnltcr us the result of a sale
of the above described real estate, and it is funher agrecd between the parties that they shall
satisfY their respective liabilitics, atthcir respective options. by qualifYing for un exemption or by
paying any taxes due.
The parties stipulute that the value of the house is $118,000.00. HUSBAND will assume
the cost of any recording of Deeds or Mongages necessary to implement this assignment.
8.
SUPPORT: HUSBAND is rcquired to pay child support to the WIFE pursuant to IIn
action filed in the Office of Domestic Relations, docketed to DR 23,710 in the Coun of Common
Pleas of Cumberland County, Pennsylvania, Domcstic Rclutions Section. This Order of Court for
suppon will remain modiliable by the Court whcnevcr therc are signilicnnt changes involving the
panies. The partics waive IIny right they hllve to rcceive spousal suppon or IIlimony payments
from the other following the entry of the Divorcc Dccrce in this maller. HUSBAND will be
cntitlcd to c1l1im Benjamin as u d~pcndent for income tax purposcs while he IIl\ends collegc.
WIFE will dec1l1rc Truvis as a dcpcndcnt for income tax purposes untilthc ycar 1999 when he
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claim or right of the othcr party, all items of personal property of evcry kind, nature IInd
dcscription and whcrever sitUlItcd, which are thcn owncd or held by or which may hcreaner
belong to the HUSBAND or WIFE with full power to the HUSBAND or the WIFE to dispose of
same as fully and ellcctually, in 1111 rcspects and for 1111 purposcs as if he or shc were ulUllarried.
Euch party ugrees that ncither will incur obligations, liens or liabilities on uccount of the
other und that from the date of this Agrecmcnt, ncither pllrty shull contract or incur obligulioJ1s,
liens or any Iillbility whatsoever on account of the other.
10.
AUTOMODlLES:
a.) WIFE agrees to waive any IInd all intcrest which she may have in the 1985 Chevrolet
Camero us well us thc 1982 Datsun Pickup Truck to HUSBAND.
b.) HUSBAND agrecs to waive any and all interest which he may have in the 1989
Dodge Caravan to WIFE. They each waive any cluim which they have in any
automobiles owned by the othcr party.
Thc parties agree to cxecute 1111 documents necessary to transfer automobile titles or any
other documents required by the partics to implement the transfer of lIutomobile titles to one
unother.
11.
MARITAL DEBTS: Elich purty will bc responsible for thcir own debt inculTed uner the
dute of scpnrution. HUSBAND ugrccs to PIlY the rcmaining buluncc on the following dcbts:
a) LOlln to Lcstcr and Mury Moller;
b) VISA;
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c) A Yeo; und
d) Members First
HUSBAND agrees to hold hannless WIFE from IIny claims from the abovc debts and indemnifies
her if he fails to make payment as required and she is forced to pay said loans.
12.
INSURANCE AND EMPLOYEE BENEFITS: The parties agree that any life
insurance policies on the life of HUSBAND or WIFE or any other employee benefits, including
but not limited to retirement, profit sharing or medical benefits of either party, shall be their own.
WIFE waives aU right, title and claim to HUSBAND's employee benelits, and HUSBAND waives
all right, title, and claim to any of WIFE'S employee benefits.
13.
BENEFITS AND BANK ACCOUNTS: WIFE agrees to waive all right, title and
interest which she may have in the savings or checking or any other bank accounts of the
HUSBAND. The HUSBAND agrees to waive all interest which he has in the bank accounts of
the WIFE.
14.
In consideration for WIFE'S convenants and promises contained within this agreement,
HUSBAND llgrees to pay WIFE the additional sum of Sixty-Three Thousand and no/IOO
($63,000.00) Dollars payablc within thirty (30) days of the execution of this agreement.
15.
DIVORCE: The partics both agree to cooperate with each other in obtaining a final
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divorce of thc IIlllrrillgc. It is IIgrccd tlllllthc pllrties will exccutc and liIc thc conscnts ncccssary
to obtuin thc divorcc. Any purty who fllils to coopcrate with obtaining thc Divorcc shall PIlY ull
thc costs and legal fccs of the party who is sccking the divorcc.
16.
If WIFE rcsigns hcr position with Dickinson Collcgc or is othcrwise tcnninuted, she
IIgrees to contributc to the reasonuble college expcnses of Benjamin Scoll t\lollel' us required by
the Oflice of Domcstic Rellltions pursuant to its procedurcs and guidclincs.
17.
BREACH: If either party breaches any provisions of this Agreement, the othcr party shall
have the right, at his or hcr election, to suc for dllllluges for such brcach or seek such other
remedics or relief as l11uy be IIvailable to hilll or her, and the party brcaching this contract should
be rcsponsible for payment of lcgal fces and costs incurred by the othcr in cnforcing their tighls
under this Agreement.
18.
ADlHTlONAL INSTIUlMENTS: Each of the parties shull from timc to timc, utthe
rcquest of the other, exccutc, acknowledge and deliver to the other pllrty uny and all lurther
instruments that may be rcasonably required to give full force and cl1ect to the provisions of this
Agreement.
19.
VOLUNTARY EXECIJTION: Thc provisions of this Agrccmcntllnd their Icglll ellcct
havc ucen fully explaincd to thc partics by their rcspcctive counsel, und euch party acknowlcdgcs
u
24.
WAIVlm OF CLAIMS AGAINST I':STATES: Except us herein othcrwisc providcd,
each pany may disposc of his or hcr propcrty in any way. und cuch purty hcrcby wuivcs and
relinquishes any and 1111 rights hc or she may now have or herellncr IIcquire, undcr the prescnt or
futurc laws ofllny jurisdiction, to sharc in thc property or the cstate of the other as a result of the
maritul rclationship, including without limitation, dower, curtcsy, stlltutOry allowance, widow's
allowllnce, right to take in intestllcy, right to take ugainst thc Will of the othcr, IInd right to act liS
administrlltor or executor of thc other's estate, and each will, at the request of the other, execute,
acknowledge and deliver any and all instruments which Illuy be neccssllry or adviSllble to carry
into effect this mutual waivcr and rclinquishment of all such intcrests, rights and claims.
25.
CUSTODY 011 TRAVIS: The partics acknowledge that they huve joint Icgal and
physiclll custody of their minor son, Travis M. MOller, born Octobcr 24, 1986. Either party may
scek to modify the Custody Agrecment if thcy bclicve it to bc in his bcst intercsts.
26.
GENERAL RELEASE Except liS othcrwise providcd herein, HUSBAND relinquishes
his inchoate intestate right IInd his right to uctllS II personal rcpresentative in the estllte of WIFE,
and WIFE rclinquishes her inchollte intestute rightllnd hcr right to IIct us II personul representlltivc
in the estate of HUSBAND. Each of the purtics hereto by thcir prescnts, for himself or hersclf,
his or her heirs, exccutors, adlllinistrutors or IIssigns, docs remisc, rclcuse, quit-c1uhn und forever
dischurge the othcr pllrty hcreto, his or hcr heirs, executors, IIdlllinistrutors or IIssigns or IIny of
them, of any and all claims, demunds, damllgcs, IIctions, cuuses of IIctions, suits, at lllw or cquity,
of whutsocvcr kind or naturc, for or bCCllusc of llny mullcr or thing olllilled or sum.~red to be done
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SUSAN E. MOTTER,
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
NO, (1';- J<h,,',. CIVIL
IN DIVORCE
vs,
GERALD W, MOTTER,
Defendant
NOTICE TO DEFIND 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 against
you and a decree in 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 with 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 Courthouse, carlisle, Pennsylvania.
IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY,
LAWYER'S FEES OR EXPENSES BEFORE A DIVORCE OR ANNULMENT IS GRANTED, YOU
HAY LOSE THE RIGHT TO CLAIM ANY OF THEM.
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU 00 NOT
HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET
FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP.
Court Administrator
Fourth Floor
Cumberland county Courthouse
Carlisle, Pennsylvania 17013
(717) 240-6200
(717) 697-0371 Ext 6200
By: An~~s~~e~ire
PA. I,D, No. 62469
1 West Main Street
Shiremanstown, PA 17011
(717) 737-8761
Attorney for Plaintiff
GERALD W. HOTTER,
Defendant
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
NO, CIVIL
IN DIVORCE
SUSAN E, MOTTER.
Plaintiff
vs.
COMPLAINT
1. Plaintiff is Susan E, Motter, who currently resides at 101
Lawrence Lane, Apartment No, 1, Carlisle, cumberland county, pennsyl-
vania.
2, Defendant is Gerald W. Motter, who currently resides at 355
Mt. Rock Road, Newville, Cumberland county, pennsylvania.
3. Plaintiff and Defendant have been bona fide residents of the
commonwealth of Pennsylvania for at least six (6) months immediately
previous to the filing of this Complaint,
4. Plaintiff and Defendant were married on September 20, 1970, at
Newville, Pennsylvania.
5. There have been no prior actions of divorce or annulment
between the parties,
6. Plaintiff has been advised of the availability of marriage
counseling and understands that she may have the right to request that
the court require the parties hereto to participate in counseling.
7. Plaintiff avers as the grounds upon which this action is based
is that:
(A) That the Defendant has offered such indignities to the
Plaintiff, the injured and innocent spouse, as to render her condition
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intolerable and life burdensome or, in the alternative;
(B) That the marriage between the parties hereto is
irretrievably broken and that the Plaintiff and Defendant have lived
separate and apart since March 11, 1995 or, in the alternative;
(C) That Plaintiff and Defendant are now living separate and
apart and, at the appropriate time, plaintiff will submit an Affidavit
alleging that the parties have lived separate and apart for at least
two (2) years and that the marriage is irretrievably broken,
WHEREFORE, Plaintiff requests your Honorable Court to enter a
decree in divorce divorcing plaintiff and Defendant absolutely,
COUNT I, EOUITABLE DISTRIBUTION
8, The allegations in Paragraphs 1 through and including 7 are
incorporated herein and made a part hereof,
9. plaintiff and Defendant have legally and beneficially acquired
marital property, both real and personal, during their marriage from
September 20, 1970 to March 11, 1995.
10. Plaintiff and Defendant have been unable to agree as to the
equitable division of said marital property to the date of the filing
of this complaint.
WHEREFORE, plaintiff requests your Honorable court to equitably
divide all marital property pursuant to section 3501 and 3502 of the
Divorce Code prior to the entry of a final divorce decree,
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COUNT II, ALIMONY
11. The allegations in paragraphs 1 through and including 10 are
incorporated herein and made a part horeof,
12. Plaintiff lacks sufficient assets, income and benefits to
provide for her reasonable means and support following the entry of a
divorce decree,
13. Plaintiff requires reasonable alimony to support herself
following the entry of a divorce Decree,
WHEREFORE, Plaintiff requests your Honorable Court to enter an
award of alimony upon the entry of a divorce decree pursuant to Section
3701 of the Divorce Code.
COUNT III. COURT COSTS AND COUNSEL FEES
14. The allegations in Paragraphs 1 through and including 13 are
incorporated herein and made a part hereof,
15. Plaintiff has retained the services of AndreW C. Sheely,
Esquire to protect her interests in the above-captioned matter.
16. Plaintiff does not have SUfficient means to pay for the
financial obligations associated with protecting her interests in the
above-captioned matter.
17, Plaintiff does not have sufficient means to pay for attor-
ney's fees, filing costs and expenses in the above-captioned matter.
WHEREFORE, Plaintiff prays your Honorable Court to enter an award
of alimony pendente lite and reasonable counsel fees, costs and
expenses pursuant to Section 3702 of the Divorce Code, until the entry
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vs.
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
SUSAN E, MOTTER,
Plaintiff
GERALD W, MOTTER,
Defendant
NO. 95-1969 CIVIL TERM
IN DIVORCE
AFFIDAVIT or CONSENT
1, A Complaint in Divorce under section 3301(c) of the
Divorce code was filed on April 1B, 1995. I acknowledge receiving a
certified copy of the Divorce Complaint, said copy being served upon me
by certified Mail, Restricted Delivery, on April 20, 1995,
2. The marriage of Plaintiff and Defendant is irretrievably
broken and ninety (90) days have elapsed from the date of filing the
Complaint.
3, I consent to the entry of a final Decree of Divorce,
4, ~ understand that I may lose rights concerning alimony,
division of property. lawyer's fees or expenses if I do not claim them
before a divorce decree is granted,
I verify that the statements made in this Affidavit are true
and correct, I understand that false statements herein are made
SUbject to the penalties of 18 Pa.C.S,A, Section 4904 relating to
unsworn falsification to the authorities.
DATE:
J~.21. 95