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IW!RIl\GE IIflT.T1&l1flH'l'J\9RIlfll1fJHT
vs'. .;JOt.,!;'
TillS AGREEMENT, made this ~ day of L~'- I 1996,
by and between MARK P. CONNELLY, hereinafter referred to as
HUSBAND and SUSAN D. CONNELLY, hereinafter referred to as WIFE.
WIT N E SSE T HI
WHEREAB, HUSBAND and WIFE were lawfully married on March 20,
1994 in Mechanicsburg, pennsylvania; and
WHEREAS, no children were born as a result of this marriage;
and
WHEREAS, certain differences have arisen between the parties
as a result of which they have decided to separate and to live
separate and apart from one another, and it is the intention of the
HUSBAND and WIFE to live separate and apart for the rest of their
natural lives, and 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, (1) the settlement of all matters between them relating
to the ownership of real and personal property; (2) the settlement
of all matters between them relating to past, present and future
support and/or alimony; and
WHEREAS, during the parties' marriage there has been a
complete disclosure of the earnings and property of each party, and
each understands his/her rights under the Divorce Code of the
commonwealth of pennsylvania; and
WHEREAS, HUSBAND, havinc; been properly advised by his counsel,
Bruce A. Grove, Jr., Esquire, and IHI'E, having been properly
advised by her counsel, R. Hark 'l'homas, Esquire, the parties,
having been so advised by their respective counsel, and following
full and complete disclosure with regard to marital assets and the
respective value of those assets, the parties hereto have come to
this agreement, which follows:
NOW, THEREFORE, in consideration of the above recitals and the
following covenants and promises mutually made and mutually to be
kept, the parties, intending to be legally bound, agree as follows:
1. AGREEMENT NOT TO BE A BAR TO DIVORCE PROCEEDINGS
A complaint in Divorce was filed on April 24, 1995 to Term and
No. 95-2069, civil Term in the Court of Common Pleas of Cumberland
county, Pennsylvania. 'l'he parties intend to secure a mutual
consent, no-faUlt divorce pursuant to the terms of Section 3301(C)
of the Divorce Code of 1980. The Divorce Complaint filed by WIFE
on HUSBAND was served on HUSBAND by certified mail, return-receipt
requested on February 22, 1996. 90 days have passed since the
filing of the complaint in Divorce and both parties hereby agree to
execute an Affidavit of Consent and a 11aiver of their right to
receive Notice of Intention to seek Entry of a Divorce Decree. The
parties agree that unless otherwise specifically provided herein,
this Agreement shall continue in full force and effect after such
time the final Decree in Divorce is entered with respect to the
parties, and the parties agree that this Agreement shall be
incorporated into the final Decree in Divorce. No Court may change
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the terms of this Agreement, which shall be enforced in accordance
with its terms.
2. PERSONAl, RIGII'rS
HUSBAND and IHFE may and shall, at all times herea fter, 1 ive
separate and apart. Each shall be free from all control,
restraint, interference or authority, direct or indirect, by the
other in all respects as fully as if he or she were unmarried.
Each may reside at such place or places as he or she may select.
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. This provision shall not
be taken, however, to be an admission on the part of either HUSBAND
or WIFE of the lawfulness of the causes which led to or resulted
in, the continuation of their living apart.
3 . illill..TS
Each of the parties is responsible for any debts thdt they
have personally acquired since April 15, 1995, the date of
separation. In the event that either party is compelled to make
payments on the debts acquired by the other party since April 15,
1995, the party who actually acquired the debt will hold harmless
and indemnify the other for any monies paid on account of such
debt.
4. PERSONAL PROPERTY
HUSBAND and WIFE hereby agree to the following:
(a) HUSBAND agrees to endorse the IRS refund check in the
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amount of $223.00 for tax year 1994 when it iB reisBued by the
Internal Revenue Service. >fs 3(JO. ov S<"
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(b) WIFE will pay IIUSBAND $-a,88B.69- and IIUSOAND will receive
the following personal property:
Two piece luggage Bet
PanaBonic telephone answering machine & intercom with 10
channels
RCA 13" color television
Gellen.1 El"c;trie I.'hit" ."Cd\j~r...tor :5(.
Oak dresBer
Octagonal end table with two lamps
Coffee table combination bench
White kitchen cabinet (in shed)
One window air conditioner
Tool box with tools and saw
Car poliBher
Zenith VCR
Recliner (mauve)
(c) WIFE will retain all other personal property and full
ownership of the marital residence.
This Agreement shall act as a Bill of Sale evidencing the
complete and final transfer of all personal property to the
respective parties. HUSBAND and IHFE agree to cooperate in the
transfer of all titles and insurance regarding all motor vehicles,
mobile homes or recreational vehicles in the pOBsession of either
party.
5. AFTER-ACQUIRED PERSONAl, PIWPER1''l
Each of the parties shall hereafter own and enjoy,
independently of any claims or rights of the other, all items of
personal property, tangible or intangible, hereafter acquired by
him or her, with full power in him or her to dispose of the same as
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fully and effectively, in all respects and for all purposes, as
though he or she were unmarried.
6. PENSION AND EMP!.OYMENT BENEFI'rS
Neither of the parties is the owner of any pension and/or
employment benefits not specifically mentioned in this Agreement.
Each party waives its right, claim or interest in any pension or
employment benefit which the other may have.
7. 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 hereafter have
against the other for support, maintenance or alimony. HUSBAND and
WIFE further, voluntarily and intelligently, waive and relinquish
any right to seek from the other any payment for support or
alimony. Each party shall indemnify, defend and hold the other
harmless against any future action of either support or alimony
brought by or on behal f of the other, such indemnity to include the
actual counsel fees of the defendant in any such future action.
B. REl,EASE
Subject to the provisions of this Agreement, each party has
released and discharged, and by this Agreement does for himself or
herself, and his or her heirs, legal representatives, executors,
administrators and assigns, release, indemnify (including actual
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legal fees) and discharge the other of and from all causes of
action, claims, rights, or demands, whatsoever in law or equity,
including equi table distribution, spousal support, alimony, counsel
fees, alimony pendente lite and expenses which of the parties
against the other ever had, now has, or may have in the future
under the pennsylvania Divorce Code, as amended, or under any other
statutory or common law, except as set forth below in this
paragraph, all causes of action for divorce, and all causes of
action for breach of any provisions of this Agreement, including
proceedings to enforce this Agreement pursuant to the provisions of
the Divorce Code. Each party also waives his or her right to
request marital counseling, pursuant to the Divorce Code.
9. WA IVERS Of CLAIMS AGA INST ESTA'rEIi
Except as herein otherwise provided, each party may dispose of
his or her own property in any way, and each party hereby waives
and relinquishes any and all rights he or she may now have or
hereafter acquire under the present or future laws of any
jurisdiction, to share in the property or estate of the other as a
result of the marital relationship, including without limitation,
dower, curtesy, statutory allowance, widow's allowance, right to
take against the Will of the other, and right to act as
administrator or executor of the other's estate, and any right
existing now or in the future under the Pennsylvania Divorce Code,
as amended from time to time, and each will, at the request of the
other, execute, acknowledge and deliver any and all instruments
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which may be necessary or advisable to carry into effect this
mutual waiver and relinquishment of all such interests, rights and
claims.
10. RIGHTS ON EXECUTION
Immediately upon the execution of this Agreement, the rights
of each party against the other, despite their continuing marital
status, shall terminate and be as if they were never married.
11. LEGAl, FEES
If either party to this Agreement resorts to a lawsuit or
other legal action to enforce the provisions of this Agreement, the
successful party shall be entitled to recover his or her reasonable
counsel fees, actually incurred, from the other as a part of the
judgment entered in such legal action, whether in law, in equity or
pursuant to the provisions of the Divorce Code, as the same shall
be determined by the Court.
12. INCORPORATION IN FINAL DIVORCE
The terms of this Agreement shall be incorporated but shall
not merge in a final divorce decree between the parties. This
Agreement shall survive in its entirety, resolving the spousal
support, alimony, equitable distribution and other interests and
rights of the parties under and pursuant to the Divorce Code of the
Commonweal th of Pennsylvan ia, and no court asked to enforce or
interpret this Agreement shall in any way change the terms of this
Agreement. This Agreement may be enforced independently of any
child support order, divorce decree or judgment and its terms shall
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take precedence over same, remaining the primary obligation of each
party. Except as herein otherwise agreed, this Agreement shall
remain in full force and effect regardless of any change in the
mari tal status of the parties. It is warranted, covenanted and
represented by HUSBAND and IUFE, each to the other, that this
Agreement is lawful and enforceable, and this warranty, covenant
and representation is made for the specific purpose of inducing the
parties to execute the Agreement.
13. ADDITIONAl, INSTRllMliliTS
Each of the parties shall from time to time, at the request of
the other, execute, acknowledge and deliver to the other party, any
and all further instruments that may be reasonably required to give
full force and effect to the provisions of this Agreement.
14. ENTIRE AGREEMENT
This Agreement contains the entire understanding of the
parties and there are no other representations, warranties,
covenants or undertakings other than those expressly set forth
herein. HUSBAND and IUFE acknowledge and agree that the provisions
of this Agreement with respect to th~ distribution and division of
marital and separate property are fair, equitable and satisfactory
to them, based on the length of their marriage and other relevant
factors which have been taken into consideration by the parties.
Both parties hereby accept the provisions of this Agreement with
respect to the division ot property in lieu of amI in full and
final settlement and satisfuction of all claims and demands that
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they may now have or hereafter have against the other for equitable
distribution of their property by any court of competent
jurisdiction. HUSBAND and WIFE each voluntarily and intelligently
waive and relinquish any right to seek a court ordered
determination and distribution of marital property, but nothing
herein contained shall constitute a waiver by either party of any
rights to seek the relief of any court for the purpose of enforcing
the provisions of this Agreement.
15. MODIFICATION AND WAIVER
A modification or waiver of any of the provisions of this
Agreement shall be effective only if made in writing and executed
with the same formality as this Agreement. The failure of either
party to insist upon strict performance of the provisions of this
Agreement shall not be construed as a waiver of any subsequent
default of the same or similar nature.
16. VOLUNTARY EXECUTION
Each party acknowledges that the Agreement is fair and
equitable, that it is being entered into voluntarily, with full
knowledge of the assets of both parties, and that it is not the
result of any duress or undue influence. The parties acknowledge
that they have been furnished with all information relating to the
financial affairs of the other which has been requested by each of
them.
17. DESCRIPTIVE lif:JllliJlGS
'l'he descriptive headings used herein are for convenience only.
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,.
COUNT II
EOlJlT ABLE DISTRIBUTION
9. No answer required,
10. Admitted.
II. Admitted.
COlINT III
ALIMONY PENDENTE LITE. COUNSEL FEES COSTS & EXPENSES
12. No answer required.
13. through IS. It is expressly denied that Plaintiff lacks income and is unable to pay
the necessary and reasonable attorney's fees and expenses of litigation in this divorce mailer.
On the contrary, Plaintiff is employed on a full-time basis, has assets of her own, and can
afford to pay her counsel fees and expenses. In addition, and for the exact same reasons, it is
expressly denied that Plaintiff requires support to adequately maintain herself prior to the entry
of a Iinal Divorce Decree and in lIccordance with the standard of living established in this
m.lrriage of eleven (II) months.
16. Denied. The Defendllnt is currently unemployed by virtue of being physically
disabled lind, therefore, has only enough monthly income to sustllin himself lit a subsistence
level.
COllNT IV,
ALIMONY
17. No lInswer required.
18. and 19, Denied, II is expressly denied that Plaintiff lacks sufticientllssets, income
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and benetits to provide for her reasonable means and support and/or is unable to support
herself through ilppropriate employment following the entry of a Divorce Decree. On the
contrary, Plaintiff is employed on a full.time basis, has assets of her own, and is (and has
been) able to support hersclf and provide for her reasonable means. thereby at all times
adequately maintaining herself in accordance with the standard of living she established both
prior to and during the mmiagc of eleven (11) months.
COIlNTERCLAIM
COUNT V .- IRRETRIEVABLE BREAKDOWN
I. Plaintiff in Counterclaim is Mark P. Connelly who currently resides at 1341
Scenery Drive, Mechanicsburg, Cumbcrland County I Pennsylvania.
2. Defendant in Counterclaim is Susan D. Connelly who currently resides at the
address set forth in paragraph one (1) of the Complaint in Divorce.
3. Plaintiff in Counterclaim and Defcndant in Countcrclaim have been bona tide
residents in the Commonwealth of Pennsylvania for at least six (6) months immcdiately
previous to the tiling of this Complaint.
4. The Plaintiff in Counterclaim and the Defendant in Counterclaim were married on
March 20,1994, at Mechanicsburg, Pcnnsylvania and separated on April 11,1 995.
5. Therc have becn no prior actions for divorce or annulment between the parties.
6. The marriage betwcen the parties is irretrievable broken.
7. Plaintiff in Counterclaim avers that he has been advised of the availability of
counseling and that he is aware of his rights to request that the parties participate in
counseling.
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8. Plaintiff requests the Court to enter a Decree of Divorce.
WHEREFORE, Plaintiff in Counterclaim prays for divorce from the bonds of
matrimony existing between Plaintiff and Defendant,
COUNT VI-- DIVORCE -- CRUEL AND BARBAROUS TREATMENT
9. Paragraphs 1 through 8 in this Counterclaim arc incorporated herein by reference.
10. Defendant in Counterclaim has committed such Cruel and Barbarous treatment to
the person of the Plaintiff in Counterclaim, the innocent and injured spouse, so as to endanger
his life and health by numerous past acts of physical violence and continual threats of filing
spurious criminal and civil charges against him.
WHEREFORE, Plaintiff in Counterclaim prays for divorce from the bonds of
matrimony existing between Plaintiff and Defendant.
COUNT VII -- DIVORCE -- INDIGNITIES
11. Paragraphs 1 through 10 in this Counterclaim are incorporated herein by
reference.
12. Defendant in Counterclaim has committed such indignities to the person of the
Plaintiff in Counterclaim, the innocent and injured spouse, as to render his condition
intolerable and life burdensome.
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SUSAN D. CONNELLY, IN THE COURT OF COMMON PLEAS OF
Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION LAW
VS. NO. 2069 CIVIL 1995
MARK P. CONNELLY,
Defendant IN DIVORCE
S'l'ATUS SIIEET
DATE:
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3/28/96
before 4/19/96.
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As of 5/1/96:
Susan D. Connelly, 155 Salem Church Road, Lot 66, Mechanicsburg, PA
17055.
OFFICE OF DIVORCE MASTER
CUMBERLAND COUNTY
COURT OF COMMON PLEAS
9 North Hanover Slreet
Carlisle. PA 17013
(717) 240-6535
I. Robert Elicker, II
Divorce Masler
Trecl.lo Col~er March 28, 1996
Office Menager/Reporter
R. Mark Thomas, Esquire
54 East Main Street
Mechanicsburg, PA 17055
We.' Shore
697-0371 Ex!. 6535
Bruce A. Grove, Esquire
1513 Cedar Cliff Drive
camp Hill, PA 17011
RE: Susan D. Connelly vs. Mark P. Connelly
No. 95 - 2069
In Divorce
Dear Mr. Thomas and Mr. Grove:
I am in receipt of a letter from attorney Thomas dated
March 26, 1996, requesting that I proceed with a new directive
to file pre-trial statements. Apparently the efforts at
settlement in this case have failed and counsel for wife wishes
to move this matter forward through the Master's proceedings.
With respect to the issue of grounds for divorce, I ask
counsel to refer to my letter of June 6, 1995. I am going to
proceed, however, on the basis that we do not have an issue with
respect to grounds for divorce.
In accordance with P.R.C.P. 1920.33(b) I am directing
each counsel to file a pre-trial statement on or before Friday,
April 19, 1996. Upon receipt of the pre-trial statements I will
immediately schedule a pre-hearing conference with counsel to
discuss the issues and, if necessary, schedule a hearing.
Very truly yours,
E. Robert Elicker, II
Divorce Master
SUSAN D. CONNELLY, IN THE COURT OF COMMON PLEAS OF
Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA
vs. NO. 95 - 2069
HARK P. CONNELLY,
Defendant IN DIVORCE
RE: Pre-Hearing Conference Memoranduln
DATE: Friday, June 7, 1996
Present for the Plaintiff, Susan D. connelly, was
attorney R. Mark Thomas, and present for the Defendant, Mark P.
Connelly, was attorney Bruce A. Grove, Jr.
A divorce complaint was filed on April 24, 1995,
raising grounds for divorce of irretrievable breakdown of the
marriage and the economic claims of equitable distribution,
alimony, alimony pendente lite, and counsel fees and expenses.
On May 25, 1995, an answer and counterclaim were
filed in response to the divorce complaint. The counterclaim
raised the additional grounds for divorce of cruel and barbarous
treatment and indignities. Counsel have advised that the
parties will sign and file affidavits of consent prior to the
hearing to be scheduled in these proceedings so the divorce can
be concluded under Section 3301(c) of the Domestic Relations
Code. Mr. Thomas has indicated that he probably will withdraw
the alimony claim that wife has raised; however, if the claim
proceeds, both counsel will retain the right to offer testimony
on the factor of marital misconduct.
The parties were married on March 20, 1994, and
separated on April 15, 1995. There were no children born of the
marriage.
Wife is 47 years of age and resides in a mobile
home which is a marital asset at 155 Salem Church Road, Lot 66,
Mechanicsburg, Pennsylvania, with a male friend. Wife has aGED
but is currently unemployed dealing with a medical/psychiatric
problem. Wife has no income presently but has signed up for
pUblic assistance.
Husband is a 43 years of age and resides at 1341
Scenery Drive, Mechanicsburg, Pennsylvania, in a home owned by a
woman. Also living in the home is the woman's daughter.
Husband does intend, however, to purchase a mobile home in the
near future and move from that residence. Husband is disabled,
having had two hip replacements as a result of degenerative
arthritis. Husband is currently on SSI and has an a~nual income
of $13,093.20. Husband is a high school graduate with two
years of college.
The mobile home where wife is living was purchased
in June 1994 for $11,500.00. Husband claims that he
contributed $6,700.00 toward the purchase of the mobile home.
Husband claims that the value for the mobile home for purposes
of equitable distribution should be $11,900.00. Wife claims the
value ought to be $8,920.00 based on an average of two
appraisals. The average was derived by taking the book value
and the market value. Wife claims that in order to sell the
mobile home, around $3,000.00 worth of repairs would need to be
done. Husband claims that the repairs have been necessitated by
wife'S dissipation of the asset and her destruction of the
property.
In addition to husband's claim of having
contributed to the purchase of the marital asset by putting
$6,700.00 into the mobile home, wife claims that she likewise
contributed funds from a personal injury claim of her own and
that she used those funds toward paying off debt of husband.
with respect to the issue of the contribution of both parties
toward marital assets and contribution toward debt, and also
with respect to the issue of the dissipation of the asset which
husband claims was caused by wife, we are going to schedule a
separate hearing.
Both parties have listed on their pre-trial
statements various items of household tangible personal property
listing items of each of the parties prior to the marriage that
were placed in the home and also items of marital tangible
personal property in the home which were apparently acquired
during the marriage. Mr. Thomas has an appraisal of the items
of marital property in the home by Chuck Bricker who has
indicated, in his opinion, the market value is $900.00.
Husband has noted a substantially higher value for the marital
property in the home.
The mobile home was subject to a lien at the time
that the parties separated in an amount of around $6,000.00.
The current male friend of wife, who is living in the mobile
home with wife, paid off the lien so that currently the mobile
home is free and clear of any encumberances. However, in
computing the marital interest of the parties, we will probably
have to take into consideration the lien at the time of
separation, although husband has made no arrangement with the
friend of wife who paid off the lien to reimburse him for his
.
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SUMMARY OF DIVORCE CODE SECTION 3502(a) CRITERIA
(optional _ Use this form if required by local rules.)
1. The length of the marriage.
2. Any prior marriages of either party.
3. The age, health, station, amount and sources of income,
vocational skills, employability, estate, liabilities, and needs of
each party.
(a) Age.
(b) Health
(c) station
(d) Amount and sources of income.
(e) Vocational skills/employability.
(f) Estate.
(g) Liabilities.
(h) Needs.
4. The contribution by one party to the education, training or
increased earning power of the other party.
5. The opportunity of each party for future acquisitions of
capital assets and income.
6. The sources of income of both parties, including, but not
limited to, medical, retirement, insurance or other benefits.
7. The contribution or dissipation of each party in the
acquisition, preservation, depreciation or appreciation of the
marital property, including the contribution of a party as
homemaker.
B. The value of the property set apart to each party.
1. BACKGROUND INFORMATION
A. Plaintiff:
I. Name: Susan Demond Connelly
2. Address: 155 Salem Church Road, Lot 66
Mechanicsburg, PA 17055
3. Age: 48
4. Date of Birth: September 15. 1948
Place: Florida
5. S.S. #: Unknown
6. Health: Unknown
7. Occupation: Unknown
8. Employer: Unknown
9. Income: Ex-Husband supports.
10. Length of
Residency in PA: Unknown
11. Educational GED, CLN Graduate
Background: Real Estate School
B. DEFENDANT
1. Name: Mark Peter Connelly
2. Address: 1341 Scenery Drive
Mechanicsburg, PA 17055
3. Age: 43
4. Dale of Birth: May 15, 1953
Place of Birth: Newark, NJ
5. S.S. # 139-48.8337
6. Health:
Good.
7. Occupalion:
Permanently disabled; S/S disabililY.
8. Employer:
None.
9. Income:
$13,093.20 per year.
10. Length of
Residency in PA:
2 years
I I . Educational
Background:
H.S. graduate; 2 years college.
2.
CHILDREN OF THIS MARRIAGE:
None
MARRIAGE INFORMATION:
A. Details
1. Date of Marriage: March 20, 1994 .
2. Place of Marriage: Mechanicsburg, PA
3. Date of Separation: April 15, 1995
4. Circumstances of Mark forced out on PFA
Separation: action.
5. Date Action
Commenced: April 15, 1995
6. Date of Service of
Divorce Complaint: February 22, 1996
7. Manner of Service: Certified Mail
8. Issues Raised: Divorce
9. Bifurcation:
3.
2
L. Wife I..nwsuit Settlement
M. (I) Quecn Pillow Top Mallress & Box spring
N. (I) Desk
O. (I) Hidc-A-Bcd
P. Two Stands
Q. (I) Swing Set
R. (I) Aquarium
S. (I) Fax Machine & Table
T. (2) Rugs
U. (I) Laser Printer
V. (1) Old Brown Refrigerator
W. (I) A/C in Mobile Home Window
X. (I) Dinette Set
Y. Jewelry
TOTAL
10,000.00
600.00
70.00
200.00
20.00
75.00
50.00
350.00
200.00
300.00
75.00
250.00
50.00
3.500.00
$30,213.95
7. LISTING OF MARITAL DEBTS:
None
8. ITEMIZATION OF TANGIBLE PERSONALTY:
A. Wife's Personal Properly Owned Prior to Marriage in
Wife's Possession .- Non-Marital:
1.
1989 Bronco, Eddie Bauer
$10,000.00
2.
Computer
1,000.00
4
3. Long Green Couch 600.00
4. Cnnopy Bed 200.00
5. (2) Dark Colored Dressers 200.00
6. Coffee Table (Small) 40.00
Total $12,040.00
B. Husband's Personal Property, Owned Prior to Marriage,
ill Husband's Possession -- Non-Marital:
I. 1984 Dodge Ram 100 Truck $1,500.00
2. Some Clolhing
C. Husband's Personal Property, Owned Prior to Marriage,
in Wife's Possession:
1. Tiger Eye Ring $200.00
2. Initial Ring 100.00
3. Oak Dresser 600.00
4. Sony Trinitron T.V. - P in P -- Remote
#2203170566 with Service Contract (Purch. 9114/93) 625.00
5. GE Refrigciator (Purchased 8/6/93) 616.97
6. Portable Zenith 13" Color TV 190.00
7. Portable AlC (Purchased 717189) 133.56
8. Kelvinator AIC - Serial #JK92806671 550.00
9. Coffee Table Comb-Bench w/3 Pillows 100.00
10. Octagon End Table with Brass Lamp 150.00
II. (2) Mauve Hanging L1mps 120.00
5
12. White Kilchcn Cnbinet 120.00
13. Tool Box with Tools and Saw 200.00
14. Car Buffcr 100.00
15. Zenith VCR with 2 Largc Spcakcrs 200.00
16. Clear Pngcr 130.00
17. Recliner 200.00
18. (3) Gold Chnins 400.00
19. Pannsonic Phone Answering Machinellntercom 250.00
20. Coleman Camper Propnne Grill (new) 100.00
21. (25-30) VCR T;lpcs 100.00
22. Roynl Eleclric Tnble Top CnIculator 60.00
23. (2) Hand Held Calculators 15.00
24. Complcte Set Dishes with Silvcrware 75.00
25. Mr. Coffce~ Coffee Mnker 20.00
26. Silvcr Ropc Bracelet 20.00
27. (2) Large Wok Style Fry Pans 30.00
28. Complelc Set of Pots & Pans 50.00
29. Mountain Scenc Picture 14" x 18" 25.00
30. Sen Scnpe Picture 10.00
31. Burgundy Bcd Set with Matching Curtains 100.00
32. Completc Set of Towels 60.00
33. (6) Sets of Bcd Sheets w/Pillowcases 50.00
6
34. (2) Lnrgc While Couch Pillows 30.00
35. Ncw Pnir Nike Sneakcrs 70.00
36. Crock Pot (ncver used) 25.00
37. 100' EXlension Cord 15.00
38. Electric Floor Model - Heatcr & B10wcr Fan 50.00
39. Dcep Frycr E1cctric (ncver used) 60.00
40. Black Ronstcr Pan with Covcr 15.00
41. (3) Fishing Polcs and Reels 60.00
42. Brown Luggage Set (American Tourister) 100.00
43. (2) Wooden Bar Stools 80.00
44. (2) Squarc Lamp Tables 40.00
45. Bank Account 53.00
Total $7,081.56
C. Property Grand Totals
1. Wife $12,040.00
2. Husband 7.081.00
3. Marital 30.213.95
Grand Total $49,334.95
Nole: Ill/sband's properly in his possession is only his Dodge Ralll 100 and
.wllle clolhes.
9. PENSION:
A.
Wife:
None
7
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property or similar nward.
5. The partics hereto have been living scparate nnd apart since on or about April 11.
1995, the being prior to the date Respondclllobtaincd a Tcmporary Protection from Abuse
Order ngainst I'elitioncr in Cumberland Counly, the samc being dockcted to No. 94-4597. A
Henring on this Petition and Ordcr hns bcen scheduled for May 25, 1995 by Judge Kevin E.
Hess. The allorney for Respondcnt is Pelcr J. Russo, Esquire.
6. Petitioner is thc sole owner of certain items of personal property still situate at the
marital residence, n list of which is all ached hcreto, made a part hereof, nnd marked Exhibit
"A".
7. In addition, PClitioner and Rcspondent, as lcnants by the entireties, are title owners
of a Mobilc Home situatc at Lot 66, 155 Salcm Church Road, Mechanicsburg, Cumberland
County, Pcnnsylvania. This Mobile Home is titlcd in Pennsylvania and thc Respondent is
currently in sole possession of thc Title to the samc.
8. Petitioncr has been denied to or possession of his personal property, as sct forth on
Exhibit "An, by the Respondent since thc datc of their separation on or about April 11, 1995.
9. Since the date of separation und uttimes unknown to Petitioncr, the Respondent, by
herself and through unknown uccomplices, did wilhout nOlice or cause remove, hide andlor
convey away lhe personal propcrlY belonging to Petitioner, to wit the items listed on Exhibit
"All,
10. By sclling and/or conceuling, rcmoving or alienating said ilems of pcrsonalty,
Rcspondcnt Ims wrongfully, intentionully, and maliciously prcvcnled Pctitioner from
exercising his right and ownership inlerest in said itcms of pcrsonullY in order to defeatthc
2
claim for equitable distribution of propcrty.
11. The attorney for your Petitioner has previously had numerous telephone
conversations Wilh the nttorney tl1r the Respondcnt in nn nttemptto avoid the situation which
has now nrisen nnd is now bcfore this 1I0nornble Court. It is apparent that no informnl or
formal agrecment nbsenl nn Order of this Court will sufficc to prevent future such actions by
the Respondent.
12. The Petitioner will therefore suffer, nnd is suffering, immediate and irreparable
harm due to Respondenl's improper appropriation and rcmoval of Petitioner's property and
sale andlor threatened sale of snme to pcrsons unknown.
13. Rcspondent refuses, after repeated demand, to refrnin front said conduct or to
return to Petitioner his ilcms of personalty.
14. This Court has power to issue a Preliminary Injunction Wilhout notice or hearing
to the Respondent pursuant to Pennsylvania Rule of Civil Procedure 1531(a), made applicable
to divorce proceedings by Rulc 1920.43(n), and pursuant 10 Section 3505(a) of the Divorce
Code.
WHEREFORE, Petitioncr, MARK P. CONNELLY, requcsts equitable relief ns
follows:
a. That nn injunction be issucd preliminnrily until hearing, and finnlly thereafter,
enjoining Plaintift'/Rcspllndcnt from disposing, transferring, encumbcring, concealing, sclling,
removing or ulienating any personalty nnd/or lhe Titlc to the Mobile Home;
b. ThaI your 1I0nornblc Court issuc nn Order rcquiring un nccounting of nil ilems
removed from the marilal rcsidence, nnd that judgment be givcn to Petitioner agninst
3
MbBRlAQ&-~ET1LEHEKT-AgBE~HT
THIS AGREEMENT, made this ~ day of c..~"- ; 1996,
Py and petween HARK P. CONNELLY, hereinaftsr referred to as
IIUSBAND and SUSAN D. CONNELLY, hereinafter referrud to as WIFE.
WIT N E SSE T HI
WHEREAS, IIUSBAND and WIFE were lawfully married on March 20,
1994 in Mechanicsburg, pennsylvania: and
WHEREAS, no children were born as a result of this marriage;
and
WHEREAS, certain differences have arisen between the parties
as a result of which they have decided to separate and to live
separate and apart from one another, and it is the intention of the
HUSBAND and WIFE to live separate and apart for the rest of their
natural lives, and the parties hereto are desirous of settling
fully and finallY their respective financial and property rights
and obl igations as between each other, including without
limitation, (1) the settlement of all matters between them relating
to the ownership of real and personal property; (2) the settlement
of all matters between them relating to past, present and future
support and/or alimony; and
WHEREAS, during the parties' marriage there has been a
complete disclosure of the earnings and property of eac!l party, and
each understands his/her rights under the Divorce Code of the
commonwealth of Pennsylvania: and
WIIEREAS, I\USBAND, having been properly advised by his counsel,
Bruce A. Grove, Jr., !::uquire, and IHFE, having been properly
advised by hor counsel, H. Mark 'I'homas, Esquiro, the partios,
hav ing been so adv i sed by the i r respecti ve counse I, and folloW ing
full and complete disclosuro with reCJard to marital assets and tho
respectivo value of those assets, the parties heroto have come to
this agreement, which follows:
NOW, THEREFORfl, in consideration of the above recitals and the
following covenants and promises mutuallY made and mutually to be
kept, the partios, intending to be legallY bound, agree as folloWS:
1. lillREllliEllUOT TO 11\, A DAU'O nTvOIWE PRocllliPTtlGS
A complaint in Divorce was filed on April 24, 1995 to 'rerm and
No. 95-2069, civil Term in the court of common Pleas of Cumberland
County, pennsylvania. 'rhe parties intend to secure a mutual
consent, no-fault divorce pursuant to the terms of section 3301(c)
of the Divorce Code of 1980. The Divorce complaint filed by IHFE
on HUSBAND was served on I\USBAND by certified mail, return-receipt
requested on February 22, 1996. 90 days have passed since the
filing of the complaint in nivorce and both parties hereby agree to
execute an Affidavit of consont and a I~aiver of their right to
receive Notice of Intention to seek Entry of il Divorce Decree. The
parties agree that unless otherwise specificallY provided herein,
this Agreement shall continue in full force and effect after such
time the final Decree in Divorce Is entered with res'pect to the
parties, and the parties agree that this AcJreelnent shall be
incorporatod into tho final Decree In DlvOL"Ce. 110 court may change
2
the terms of this Agreement, which shall be enforced in accordanco
with its terms.
2. fEllliQl!Al, RTGIl't'S
HUSBAND and HIFE may and shall, at all times hereafter, live
separate and apart. Each shall be free from all control,
restraint, interference or authority, direct or indirect, by the
other in all respects as fully as if he or she were unmarried.
Each may reside at such place or places as he or she may select.
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. This provision shall not
be taken, however, to be an admission on the part of either IlUSBAND
or WIFE of the lawfulness of the causes which led to or resulted
in, the continuation of their living apart.
3 . rn;fiTIi
Each of the parties is responsible for any debts that they
have personally acquired since April 15, 1995, the date of
separation. In the event that either party is compelled to make
payments on the debts acquired by the other party since April 15,
1995, the party who actually acquired the debt will hold harmless
and indemnify the other for any monies paid on account of such
debt.
4. flillllillilll. PROPEIIT.'i.
HUSBAND and In FE hereby agree to the follOldng:
(al IlUSI3AtlD arJrees to endorse the IRS refund check in the
3
amount of $223.00 for tax year 1994 when it is reissued by the
Internal Revenue service.'~ S'
":3 :3tJO. Cl/.1 '-
I
(b) IUFE will pay HUSDAND ~t}-;-6G. and IIUSDAND will receive
the following personal property:
Two piece luggage set
panasonic telephone answering machine & intercom with 10
channels
RCA 13" color television
Geflaral Bluvt.rie \:Riee-reTrtqe~atgr-:5(,
oak dresser
octagonal end table with two lamps
Coffee table combination bench
White kitchen cabinet (in shed)
one window air conditioner
Tool box with tools and saw
Car polisher
Zenith VCR
Recliner (mauve)
(c) WIFE will rata in all other persona 1 property and full
ownership of the marital residence.
This Agreement shall act as a Dill of Sale evidencing the
complete and final transfer of all personal property to the
respective parties. HUSBAllO and IUfE agree to cooperate in the
transfer of all titles and insurance regarding all motor vehicles,
mobile homes or recreational vehicles in the possession of either
party.
5. AfTER-l\COllTRiW PERSOtJlIl. PBQ~EB'a
Each of the parties shall hereafter own and enjoy,
independently of any claims or rights of the other, ~ll items of
personal property, tangible or intangible, hereafter acquired by
him or her, with full power in him or her to dispose of the same as
4
fully and effectively, in all respects and for all purposes, as
though he or she we~e unmarried.
6. PENSION AND EMPI.OVMENT BENEFITS
Neither of the parties is the owner of any pension and/or
employment benefits not sp~cifically mentioned in this Agreement.
Each party waives its right, claim or interest in any pension or
employment benefit which the other may have.
7. ALIMO!i'{
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 hereafter have
against the other for support, maintenance or alimony. HUSBAND and
WIFE further, voluntarily and intelligently, waive and relinquish
any right to seek from the other any payment for support or
alimony. Each party shall indemnify, defend and hold the other
harmless against any future action of either support or alimony
brought by or on behal f of the other, such indemnity to include the
actual counsel fees of the defendant in any such future action.
8. )ll;I,EASF.;
subject to the provisions of this Agreement, each party has
.
released and discharged, and by this Agreement does for himself or
herself, and his or her heirs, legal representatives, executors,
administrators and assigns, release, indemnify (inClUding actual
5
legal fees) and discharge the other of and from all causes of
action, claims, rights, or demands, whatsoever in law or equity,
including equitable distribution, spousal support, alimony, counsel
fees, al imony pendente 11 te and expenses which of the parties
against the other ever had, now has, or may have in the future
under the pennsylvania Divorce Code, as amended, or under any other
statutory or common law, except as set forth below in this
paragraph, all causes of action for divorce, and all caUses of
action for breach of any provisions of this Agreement, including
proceedings to enforce this Agreement pursuant to the provisions of
.'
the Divorce Code. Each party also \1aives his or her right to
request marital counseling, pursuant to the Divorce code.
9. WAIVERS OF CLAIMS AGAINST ESTA'r!':S
Except as herein otherwise provided, each party may dispose of
his or her own property in any way, and each party hereby waives
and relinquishes any and all rights he or she may nOW have or
hereafter acquire under the present or future laws of any
jurisdiction, to share in the property or estate of the other as a
result of the marital relationShip, including without limitation,
dower, curtesy, statutory allowance, widoW'S allowance, right to
take against the Will of the other, and right to act as
administrator or executor of the other's estate, and any right
existing now or in the future under the pennsylvania Divorce Code,
as amended from time to time, and each will, at the request of the
other, executo, acknowledgo and deliver any and all instruments
6
which may be necessary or advisable to carry into effect this
mutual waiver and relinquishment of all such interests, rights and
claims.
10. RIGHTS ON EXECUTION
Immediately upon the execution of this Agreement, the rights
of each party against the other, despite their continuing marital
status, shall terminate and be as if they were never married.
11. {,EGlII. FEES
If either party to this Agreement resorts to a lawsuit or
other legal action to enforce the provisions of this Agreement, the
..
successful party shall be entitled to recover his or her reasonable
counsel fees, actually incurred, from the other as a part of the
judgment entered in such legal action, whether in law, in equity or
pursuant to the provisions of the Divorce Code, as the same shall
be determined by the Court.
12. INCORPORATION IN FTtlAT~ IHVORCE
The terms of this Agreement shall be incorporated but shall
not merge in a final divorce decree between the parties. This
Agreement shall survive in its entirety, resolving the spousal
support, alimony, equitable distribution and other interests and
rights of the parties under and pursuant to the Divorce Code of the
commonwealth of Pennsylvania, and no court asked to enforce or
interpret this Agreement shall in any way change the terms of this
Agreement. '1'his Agreement may be enforced independently of any
child support order, divorce decree or judgment and its terms shall
7
take precedence over same, remaining the primary obligation of each
party. Except as herein otherwiso agreed, this Agreement shall
remain in full force and effect regardless of any change in the
marital status of the parties. It is warranted, covenanted and
represented by HUSBAND and WIFE, each to the other, that this
Agreement is lawful and enforceable, and this warranty, covenant
and representation is made for the specific purpose of inducing the
parties to execute the Agreement.
13. APDITIOtlAJ. TNSTB!lMEtlTIi
Each of the parties shall from time to time, at the request of
the other, execute, acknowledge and deliver to the other party, any
and all further instruments that may be reasonably required to give
full force and effect to the provisions of this Agreement.
14. ENTIRE AGREEMENT
This Agreement contains the entire understanding of the
parties and there are no other representations, warranties,
covenants or undertakings other than those expressly set forth
herein. HUSBAND and WIFE acknowledge and agree that the provisions
of this Agreement with respect to the distribution and division of
marital and separate property are fair, equitable and satisfactory
to them, based on the length of their marriage and other relevant
factors which have been taken into consideration by the parties.
Both parties hereby accept the provisions of this Agteement with
respect to the division ot property in lieu of and in full and
final settlement and satisfaction of all claims and demands that
8
they may now have or hereafter have ngainut the other fOl' equitable
distribution of their property bY any court of competent
jurisdiction. I\USBAllD and IHFE each voluntarily and intelligently
waive and relinquish any right to seek a court ordered
determination and distribution of marital property, but nothing
herein contained shall constitute a waiver by either party of any
rights to seek the rei ief of any court for the purpose of enforcing
the provisions of this Agreement.
15. MODIFICATION AND-WAlYLB
A modification or waiver of any of the provisions of this
.'
Agreement shall be effective only if made in writing and executed
with the same formality as this Agreement. The failure of either
party to insist upon strict performnnce of the provisions of this
Agreement shall not be construed as a waiver of any sUbsequent
default of the same or similar nature.
16. VOLUNTARV EXECUTION
Each party acknowledges that the Agreement is fair and
equitable, that it is being entered into voluntarily, \1ith full
knowledge of the assets of both parties, and that it is not the
result of any duress or undue influence. 'rhe parties acknowledge
that they have been furnished with all information relating to the
financial affairs of the other which has been requested by each of
them.
17. pESCRJPTIVJLlIEl1111I!G~
'l'he descriptive headings used herein nre for convenience only.
9
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