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HomeMy WebLinkAbout95-02233 ~---*~*~~.~~**~.***~.~~)*.~.:**-**~~:'. ~ ---~_.--~.-.--" ,.". '.- .-.-,~ ,.. -,..,-~...,-----_.~._", ,-... . .-.-.....,,---,----- 8 ~" w ~ :1 ~l ',' ~ W <:' ~ ',' w ... W <:' * ~ ',' ~ ~ '.' w ',' ,', ~ .' "', ~ "', ~ ~ ',' ~l .. ~ ,', ~ ~ ,;; " ~ ,;; " .:i " ~ ~ <:' "', :, ~ ~ ~ .. !' ~ ~ ~ -. - -- :.-- IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY ~ STATE OF ~~~~ PENNA. TONIA J. OLBON, Plaintiff i'll, 95-22~3 Civil,. II) 95 \'i'l':';'l1'; DAVID O. OLSON, Defendant DECREE IN DIVORCE AND NOW, ,.V~[tl(/~.., ~'.z.--:-:..,. 19~)... it is ordp.rF!I':lllnd dAcreAd thot ....... TONIA..J" .QT"oON...,.,...,.,...,.,....... plllintiff, ond .,.............. .DAYID. 0.., ,O~',S~~...,.., ............. dp.fflndnnt, ore divorcAn from thfl bonc:ls of matrimony, The court retoins jurisr:liction of the following c10ims which hnVl~ been raised of record in this oetion for which 0 finol ordp.r has not yet bAAn Antered; VOk..Q. ..... .'rl1.e .l)l13~~l;lge .s~t.Ue(11.ent. Agree.ll)ant. .Qf, .t,lle. p.Elrt;LEls.dAted.... , . . . . . r:J!l.Y. . 22... .199~, . is . in.corp.orate.d. bu.t . J:1lJ.t .l!le;rge,Jt ,\o!i ~!1. . . . . . " . This Decree. / / II y T h "~' ':;,{ t/L.---:' / .\1I,"I:.~../J ". '. ,-' /f'1(, ,a" - ~~_" 'Y ,I. --....,'..' .1<-.,.' l ,t. ~V" ,.... C"'7"A~"......~ ,PI" " "'" ~.// {,. . )~7 ,;-":..-";:,7"'1 /' ~--'Irt;., Xft-,r~ / VI)l'olhonnlary ,~ .:.:. -:+;. .:.:. .:+:. -:.:- .:.:. .:.:. .:.:. .~+:. .:.:- .:.:. .:.:. ,:+:.' ~ ',' ~ ,~ * * ~ '.' * * * .. ~ ~ .. ~ " ~ ~ ,~ ~ (: ~ ~ '" ~ ~ 0:< ~, :, ~ ',' ,', ~ ~ ',' ~ '~ ~ ~ '.' , I~ /.., i~ (.' j~ ~ ~ (':' ~~ * ~ , l~ (", I~ !.., '-' t:) ""'" vi ~ ?; )- .(1- I .- ~::..!:"1 i::;'jl'l I. '1 :i ,., III - - ,,, " lJ"l ,-,'--' . ' ~ ., \'01 " .' , . ,l}/'OIlIf'.J './'. '/I(",lrl ," 'I,'il! 1'\,\ 'j,',,', . ,.I I "il.l""" ,',J, 1',1",1' .'1' . \i I.ll;l j 0 it t- ~ < W < ..J W Q, iD t- o: i .. ~ < t- it I > '" 0 w Z t- '" Z :( '" r- J 0: , >: z ~ 0 < ,~ w X r- N W < !!: :t '" . , " ,J" ',' MARRIAGE SETTLEMENT AGREEMENT THIS AGREEMENT made this ~J),ylday of 1..,' , 1995, by and between David Owen Olson, (hereinafter r erred to as "Husband,") and Tonia Jean Olson, (hereinafter referred to as "Wife"), WITNESSETH: WHEREAS, the Husband and Wife were lawfully married on December 31, 1993; and WHEREAS, differences have arisen between Husband and Wife in consequence of which they intend to live apart from each other; and WHEREAS, one child was born of this marriage, Ahriana Jayde Olson, born on March 2, 1994; and WHEREAS, Husband and Wife desire to settle and determine their rights, obligations, support and custody of the child; and NOW, THEREFORE, the parties intending to be legally bound hereby do covenant and agree as follows; 1, SEPARATION It shall be lawful for each party at all times hereafter to live separate and apart from the other party at such place or places as he or she may from time to time choose or deem fit, The foregoing provisions shall not be taken as an admission on the part of either party as to the lawfulness or unlawfulness of the causes leading to their living apart, 2, INTERFERENCE Each party shall be free from interference, authority, and contact by the other as fully as if he or she were single and unmarried except as maybe necessary to carry out the provisions of the agreement, Neither party shall molest the other or attempt to endeavor to molest the other, nor compel the other to cohabit with the other, or in any way harass or malign the other, nor in any way interfere with the peaceful existence, separate and apart from the other, and each of the parties hereto completely understand and agree that neither shall do or say anything to the child of the parties at any time which might in any way influence the child adversely against the other party, 3, DIVISION OF PERSONAL PROPERTY The parties have agreed to divide between thsm and already have divided between them to their mutual satisfaction the personal affects, household furniture and furnishings and all other articles of personal property which heretofore have been used by them in cornmon, Neither party will make any claim to any such items which are now in the possession or under the control of the other, 4, AUTOMOBILES The Husband and wife are the owners of a 1988 Grand Am, The rights and title to the Grand Am is to be transferred to Wife, Wife shall maintain separate insurance on her vehicle and be responsible for any and all loan payments related thereto, The Husband is the owner of a 1991 Eagle Talon, Husband shall maintain separate insurance on his vehicle and be responsible for any and all loan payments related thereto, 5, DIVISION OF REAL PROPERTY The parties own no real estate, 6, MARITAL DEBTS Husband shall be responsible for all marital debts solely in his name and Wife shall be responsible for all marital debts solely in her name, Wife agrees to be responsible and hold Husband harmless for the joint debt on the 1988 Grand Am. The parties agree to equally share in the outstanding medical bills related to their daughter, currently approximately $500,00, There are no other joint debts, 7 , SHARED CUSTODY The parties agree that they shall share legal custody of their child. This means that the parties shall consult with each other regarding the major parenting decisions affecting the child's health, education and welfare, The parties have entered into a separate custody StipUlation that will be filed with and enforceable by the court, 8, JOINT FILING OF IRS RETURN Husband and wife agree to file separate tax return in tax 1995 and all subsequent years thereafter, 2 9, DIVORCE The parties agree to cooperate with each other in obtaining a final divorce of the marriage, Upon the expiration of the mandatory 90 day waiting period each party shall execute the required affidavit of consent, 10. INCORPORATION INTO DIVORCE DECREE This agreement is to be incorporated into any subsequent Degree in Divorce but shall not be merged therein and, except as herein expressly provided, the terms of this Agreement shall not be modifiable by the Court for any reason, 11, CONTINUED COOPERATION Each party agrees to execute such assignments, titles, or other documents as may be reasonably necessary or desirable to put into full effect the terms of this Agreement and shall do so upon the reasonable request of the other party, 12, BREACH If either party breaches any provision of this agreement, the other party shall have the right, at his or her election, to sue for damages for such breach, and the party breaching this contract shall be responsible for the payment of legal fees and costs incurred by the other in enfoI'cing their rights under this agreement or for seeking such other remedies or relief as may be available to him or her, 13, VOLUNTARY AGREEMENT The provisions of this agreement are fully understood by both parties and each party acknowledges that the agreement is fair and equitable, that it is being entered into voluntarily, and that it is not the result of any duress or undue influence, 14, WAIVER OF CLAIMS Except as herein otherwise provided, each party may dispose of his or her 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 the estate of the other as a result of the marital relationship, including without limitation, alimony, alimony pendente lite, counsel fees and expenses, and right to claim equitable distdbution of marital property, 3 TONIA J. OLSON, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff . , v, NO, ,I \'. .;) 2- U [I((.,t:l ~~.~~ DAVID O. OLSON, Defendant . CIVIL ACTION - DIVORCE . CONPLAIHT IN DIVORCB 1, Plaintiff is TONIA J. OLSON, who is a pennsylvania resident and who, since January, 1995, resides at 521 Barry court, Hechallicsburg, cumberland county, Pennsylvania, 2, Defendant is DAVID 0, OLSON, who currently resides at 10 East Main street, Shiremanstown, Cumberland county, Pennsylvania, since April, 1995, 3, Plaintiff has been a bona fide resident of the Commonwealth of PennsYlvania for at least six (6) months immediately previous to the filing of this complaint, 4, The Plaintiff and Defendant were married on the December 31, 1993, at Hechanicsburg, cumberland county, Pennsylvania, 5, There are no pending actions for divorce or annulment between the parties, 6, The marriage is irretrievably broken, ~ '. :Ii " - V'1 - - ,(.., '1 <II -"':,~ W :"1 tc ...~ ~ ... . -.. ~ b, after the child reaches school age, the Father upon, thirty (30) days written notice to Mother, shall be entilled to no less than one (1) four (4) week period of uninterrupted temporary physical custody of the child during the child's summer vacalion from school; c, the Father shall also have the child on such other limes as are mutually agreed to between the parties, such times may include weekend visits should the Father desire the same and travel from his proposed home In Wisconsin to the child's residence in Pennsylvania for the weekend visit. d, Father will provide all transportation to and from his residence for the visitation periods previously described; e, Father will provide suitable living arrangements for the child during the visitalions periods previously described. Such liVing arrangements shall Include, but not be limited to prOViding a private sleeping area for the child, non-communal bathroom facilities and reasonable meals; f, The major holidays of New Years Day, Easter, Memorial Day, Independence Day. Labor Day. Thanksgiving and Christmas Day will be alternated by the parties with Mother having New Years, Memorial Day, Labor Day and Christmas in odd years and Easter, Independence Day and Thanksgiving In even years. 3, The Mother and Father shall share legal custody of their child, This means that the parties shall consult with each other regarding the major parenting decisions affecting the child's health, education and welfare, 4 The Mother and Father further agree that each will notify the other of all medical care the child receives while in that parent's custody, Each parent will notify the other Immediately of medical emergencies which may arise while the child is in that parent's care, 5, The Mother and Father will inform one another as to any change of their residence within 14 days of any relocalion to a new residence; such information to included the complete address and telephone number for the new residence, Each parent will Inform the other of the address and telephone number of their place of employment and information regarding any change of employment within 14 day of Such change, a, from birth to April, 1994, at 2235 South Market Street, Mechanicsburg, Pennsylvania, with Plaintiff and Plaintiff's family, b. from April, 1994 to January, 1995, at 721 B Shippee Court, Colts Neck, New Jersey, with Plaintiff and Defendant. c. from January, 1995, to April, 1995 at 521 Barry court, Mechanicsburg, Pennsylvania, with Plaintiff, Defendant and Plaintiff's family; Plaintiff and Defendant having separated in mid-April, 1995, The nlother of the child is the Plaintiff, TONIA J, OLSON whose current address is stated in paragraph 1, She is presently married to Defendant; her divorce complaint against Defendant is being filed contemporaneously with this complaint, The father of the child is the Defendant, DAVID O. OLSON whose current address is stated in Paragraph 2. He is presently married to Plaintiff, 4, of biological child and the The relationship of Plaintiff to the child is that mother. The Plaintiff currently resides with her following individuals: Patricia Watson - mother Monique Watson - sister Samantha Watson - infant niece 5, The relationship of Defendant to the child is that of biological father, The Defendant currently resides in Shiremanstown, Pennsylvania, with William Flannery, 6, Plaintiff has not participated as a party or witness, or in another capacity, in other litigation concerning the custody of the child in this or another court, , , , i i I : I , ! T..... -.. :\.1 ,., '" ' '" <I:' -, :::d ~ ~ l: ~ ;::;"\ ~, ~:~ ~,~ \"",1.') ~ c~' ......1: Z ..' c.o J ." .' , .c: to ':1 " " (',Cl"",' .. ,.. - CD '" " '. !i.: - , .~ .:or ~T ~ - c.o ~ 0'~~ ~ <. I 1'-' , , '. -" I r;:, I.;:l , 0 ,ill e- rr< ,'2 I' ,I) :1;, 'I ., '1-- ,(-) ~ ). Jr\l I ~j) ~ -~ 6. By this agreement 1'IIE PI\R'l'IES do hereby release an relinquish all parental rights and duties, including any obligations of support in I\IIRII\NI\ J, OLSON. Said rights are terminated forever with all the effects as if this child were lawfully adopted by another person. 7. FURTHERMORE, TilE PI\R'rIES also relinquish and renounce their rights in regard to any name change, or proposed name change of the child, AIIRIANI\ J. OLSON, 8, THE PARTIES acknowledge that all the actions contained herein are their free and voluntary actions and they understand they are giving up all their parental rights including the right to change the child's name, and any other legal matter or thing which may arise wherein tho natural parent would be notified. THIS AGREEMENT confers upon PATRICIA A. WATSON all duties and responsibilities, as if she were the only natural parent of the child, including the right to have the child admitted to schools, hospitals, and any other place or placas that are in thE) best interests regarding the health and welfare of the child. THE PARTIES AGREE THAT TillS DOCUMENT SHALL HAVE THE SAME FORCE AND EFFECT AS IF IT WERE AN ORDER OF COURT IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA. TillS I\GREEMENT shall not be ended unloss it is set forth in writing, and signed by both parties. THIS I\GREEMENT shall be construed under the laws of the Commonwealth of Pennsylvania 3.