HomeMy WebLinkAbout95-02257
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8 IN THE COURT OF COMMON PLEAS 8
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OF CUMBERLAND COUNTY
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STATE OF 1~~!
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PENNA.
I1\RRY A. DEMEY,
i\ \1. 95-2257
CIVU, '.. II) '-)5
Pl.,AINTIFF,
\'1'I'.~tH
VIOLET ROSE DEMEY,
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DEFENDANT.
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DECREE IN
DIVORCE
ANDNOW."U~e-:-:p"",.",. 19,9)" it is ordered and
decreed that ,,~RRY, ^: ,~~~Y , , , , , , ' , ' . , , , , , , , , , ' , , , , , , , , , , . , " plaintiff,
and ' Y.IP,L~, !'lP?,E. P,Ef'lI'Y, , , , . . , , , , , , , . , , , , , , , , . , , , , ' , , , , , , , , , , '. defendant,
are divorced from the bonds of matrimony,
The court retains jurisdiction of the following claims which have
been raised of retj~~thiS action for which a final order has not yet
been entered; None. '['he 'property Settlerrent Agrecrrent of the parties dated
October 16, 1995 and attached hereto as Exhibit "A" is hereby incorporated by
.r:e,f.e.r,e,l'\~"1 .l1"1r,e.i.l\ ,iI,I'\d, ,shall, ha,vg ,t.h~ ,f\a.tre. ,fQr,c,e. i1nd iJ.f.fe.ct. .aa .i.f. .i.t:. hi.l.d men
originally entered as an Ordcr of Court provided; howcvery that the said
,~-reernent ,shaH not rrorge \~i,th ,this Order but shal'l' ,reta-in 'i-ts t:Olltractua'l'
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Center SI!Wlre, P,O, Drawer 151), Duncannon, Pennsylvania, 17021l with respeet to the
preparatiun and execution of this Agreement.
4. Hush;lOd and Wifc have lived scparate and apart since un or ahuut Nuvemher I,
\1)1)4. Hushand and Wife may ami shall, at all times hereinafter mentioned, live separate and
apart. Each shall he free from all control, rcstraint, interferellce ur authurity. direct or indirect,
hy the uther in all respects as if he ur she were unmarried, Each may reside at such place ur
places as he ur she may select.
5. The marital assets uf the Parties cunsist uf huusehuld furnishings. persunal property,
and the folluwing:
A, A \I)I!I! Furd Broncu in Hushand's name alune;
B. A \I)I!I) Pontiac Grand Am in Wife's name alone;
C, A trailer situate and known as 61l1! Thrush Cuurt, Mechanicshurg, Pennsylvania,
\7055, nuw in Wife's name alone, and
D. Individual cheeking and savings accounts not ill excess of $1,OOIl,OO,
fl. Hushand is prescntly employed at Wal-Mart and earns approximately $\,112.1)3
munthly net income, which amount includes any amounts rellected as deductiuns for health
insurance and as amuunts garnished, as set forth in Exhihit "A". attached heretu and
incorpurated herein hy reference, Wifc is prcsently employcd at High Hotels, L TO, and carns
approximately $623,72 monthly net incomc, as set forth on Exhihit "B" attached heretu and
incurpurated herein hy reference,
7. During the cuurse uf the marriagc, Hushand alld Wife have incurred certain hill~ and
uhligations and have amassed a variety of dehts, and it is herehy agreed, without the necessity
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of ascertaining for what purpose and to wlw's USl' each of the hills were incurred, that the
Parties shall he responsihle for the dehts that each has separatdy incurred prior to or after the
date hereof and Hushand and Wife shall indemnify and save harmless each other fllr same. Wife
shall take any and all necessary steps to remove Hushand's name from any utility aCCllunts in
connection with the said trailer situate at flUll Thrush Court and Wife shall indemnify and save
harmless lIushand fur same after January I, 11)1)5.
ll, The Parties acknowledge and agree that they have each had an oppurtunity tll value
llr have appraised any and all marital property, and thcy do herehy waive a formal appraisal and
inventory of same, and no statement ur representation hy l'ither Party as to value shall he
deemed a misstateml'ntor misrepresentation to the othl'r or he deemed fraudulent.
9. Hushand shall have as his soil' and sepafatc property the said 11)1l1l Furd Bronco and
all household furnishings and personal property now in his possession and all hank accounts now
in his name alone, Additionally, Hushand shall have as his sole and separate property a 14'x
70' Fashion Craft Trailer. now in his name alone, which Hushand purchased after the date of
final separation and the personal representativl"s fee in the al/1ountof appfllximately $3,5115,1I11
which Hushand is entitled loand has rl'cl'ivcd for services rl'nderl'd as the Administrator of the
Estate of Edward E, Demey, his hfllther.
10. Wife shall have as her sole and separate pfllperty the said 11)1l1) Pontiac Grand Am,
the trailer situate :ll1d known as hllll Thrush Court, Mechanicshurg. Pennsylvania, 171155. and
all household furnishings and personal pfllperty now in her po~session and all hank accounts now
in her name alone,
II. Em:h Party shall retain as his ur her own separate property. any pension. stock,
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savings, retirement or other plan through his/her place of employment whether vested or non
vested, and hoth Hushand and Wife specifically waive any rightlhal either may have in Ihe said
pension, stock, savings relirement or other plan of the other that Hushand or Wife may have
acquired thereto hy their marriage to e:u:h other. Each Party sh,11l he and remain the sole owner
of any other assel ill his or her control not specifically covered hy Ihis Agreement.
12. Each of the Parties shall hereafter own and enjoy independently of any claims ur
right of the other, all items of personal property, tangihle or inlangihle, aC1luired after
Novemher I, 1994, the approximate date of final separation, hy him or her, with full power in
him or her to dispose of the same as fully and effectively, in all respects and for all purposes,
as though he or she were unmarried.
13. In recognition of the criteria set forth in seclion 370101' the Divorce Code of 19111l
and its amendments, 23 PA e,S.A section 3701, commcncing on the date hercof Hushand shall
pay to Wife, as alimony, $50,00 every two (2) weeks which amount shall he automatically
deducted from Hushand's hi-weekly paycheck and paid directly to Wife hy Hushand's employer.
Said payments shall continue fur a period not to cxceed three (3) years from the date hereof and
shall automatically lerminate upon the occurrence of the carlier of: (I) Wife's remarriage;
(2) The expiration of three (3) years from the date herenf; (3) Hushand's death or (4) Wife's
death. Wife shall notify Hushand and Hushand's employer, in writing, immediately upon the
occurrence of any of the ahove and promptly sign any releases or olher documents necessary to
release Hushalld and Hushand's employer from withholding the said payments from Hushand's
paycheck alld paying same to Wife,
(A) Wife does herehy acknowicdgc Ihal the current mte of inllation may change, that
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Husband's income and assets may suhstantially Increase in value, that she may not be employed
at various times in the future, that Hushand may r"celve a suhstantial Inheritance In the future,
that, notwithstanding these or other economic circumstances which may he changes in
circumstances of a substantial and continuing nature, the payments for her suppurt and
maintenance provided for in this paragraph are fair, just and reasonable, and will provide her
with sufficient financial resources tn maintain and support herself in accordance with the
standard of living to which she is accustomed, Therefnre, except for the payments made
pursuant to this Paragraph 1J, and notwithstanding anything tn the contrary contained in the
Divorce Code, Wife dnes herehy expressly waive, discharge and release any and all rights and
claims which she may have now or hereafter by reasnn of the Parties' marriage to alimony,
alimony pe/ldellle lite, support and/or mallllenance or any other henefits resulting frum the
Parties status as Hushand and Wife, and further waives, discharges and releases any right which
she may hereafter havc to seck mndlfication of the terms of this paragraph In a cnurtof law or
equity, II being understnod that the foregoing constitutes a final determination for all time nf
Hushand's obligatinn tn contrihute to Wife's suppurt amI maintenance,
(B) Notwithstanding anything cnntained in this Agreement to the contrury, if a final
decree of divorce has not been awarded tn either Wife or Hushand within thirty (JIl) days of the
date herenf due to the actinn or inaction of Wife, Wife herehy forfeils thnse payments which she
is to receive under this Paragraph 13, Hushand's ohligatinns to make such payments shall cease,
and Wife shall immediately relmhurse Hushand for those payments made hy him hetween the
date of execution nf this Agreement and the expiration nf the said thirty (JIl) day period,
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(C) This Agreement has heen negotiated on till' assumption that the alimony payments
deserihed in this Paragraph 13 will he deduetihle hy Hushand and taxahle to Wife, Therefore,
it is the intention, understanding amI agreement of the Parlies that the payments deserihed in this
Paragraph 13, to the ex lent permitted hy law, shall constitute "periodic" payments payahle hy
reason of the "marital or family relationship" of the Parties, as those terms arc defined in
Section 71 of the Internal Revenue Code of 1954, as amended, ami accordingly that all such
payments shall he includihle in Wife's gross income and deductihle hy Hushand fur federal
income tax purposes pursuant 10 Sections 71 and 215 of the Internal Revenue Code of 1954, as
amended respectively. Wife must report payments received under this Paragraph 13 in her gross
income for feueral and, if applicahle, for local and state inCllme tax purposes. Wifc shall he
solely responsihle for income laxes with respect thereto. If pursuant 10 any final and hinding
ruling, deeision or decree hy the Internal Revenue Service or any court or as a result of any
legislation ur tax examination or audit all or any part of this amounts paid under this Paragraph
13 shall not he deductihle hy Hushand for the purpose of computing his federal tax liahility, and
not includihle in Wife's gross income fur the purpose of computing her federal tax Iiahility, the
payments made pursuant to this Paragraph 13 shall he readjusted hy agreemellt of the Parties so
that Wife shall receive the same net amount al'ter taxes as she would have received had the
payments heen ineludihle in her gross income for the purposes of computing her federalliahility.
In such case, the amount of adjusted alimony payahle 10 Wife hereunder shall he reduced hy the
amount of federal income tax payahle hy Hushand which is attrihutahle to the nondeductihility
of such alimony payments from his gross inCIIllle,
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14. Hushalld alld Wife each uo herehy mutually remisc, release, quit claim, and forever
discharge the other in the estate of such other, for all time to come, and for all purpnses
whatsoever, of and frnm any and all rights, titles anu interesls, or claims in or against the estate
of such other, of whatever nature and whatsoever situate, which he or she now has or at any
time hereafter may have against such other, the estate of such other, or any part thcrenf. whether
arising out nf any fonner acts, contracts, engagements or Iiahilities of such other, or hy way of
dower or curtesy, or widows or widowers righls, family exemptions or similar allowanee, or
under the intestate laws, or the right In lake against the spouse's will; or the right to treat a
lifetime conveyance hy the other as testamentary, or all other rights of a surviving spnuse to
participate in a ueceased spouse's estate, whether arising under the laws of Pennsylvania, any
state, commonweallh or territory of the United States, or any other country, or any right which
either pally may have or at any timc hereafter have against the othcr for past, present or future
support or maintenance, alimony, alimo/lY p/!/ld/!lIIl! iiI/!, counsel fees, costs or expenses, whether
arising as a result of the marital relationship or otherwisc, except, and only except, all rights and
agreements and ohligations of whatsoever naturc arising or which may arise under this
Agreement, or the hreach of any part hereof. It is the intention of Hushanu and Wife to givc
each othcr, hy the execution of this Agreement, a full, completc anu gellcral release with respect
to any anu all prnperty of any kinu or nature, real. personal or mixeu, which the other now
owns or may hereafter aC1Iuirl', except and ollly except all rights and agreements and ohligations
of whatsoever nature arising or whie'1 may arise under lhis Agreement or for the hreach of any
pfllvision hereof.
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15. Hushand and Wife dn herehy remise, release and give up any and all rights they
have or may respectfully have against each other for alimony, legal fees, spousal suppnrt or
maintenance, for lhemselves except as provided for in lhis Agreement. II shall he from this date
the sole responsihility of eaeh of the respeclive parlies 10 sustain themselves without seeking any
support from the other Pmly, and except as prnvided for herein, it shall he the sllle responsihility
of Wife and Hushand tll sustain themselves withllut seeking any supporl from lhe other.
16. Husband and Wife represent to each nlher thalncither of lhem has heretofore created
any debts, liahilities or obligations that wnuld hind the other and lhat each covenant, warrant,
represent and agree that each will now, at all times hereafter, save harmless and keep the other
indemnified from all dehts, charges and liahilities incurred hy the olher prior to or after the date
hereof except as otherwise specified herein,
17, Hushand and Wife hOlh agree that they have heen respectively advised and are aware
of the contents of the provisinns of the Divorce Code of 1911ll, as amended, in Pennsylvania
wherein considerations are set fnrth in determining an appropriate amount, if any, to he paid in
the form of alimony. After heing fully advised of the contents of the Divorce Code of 19110,
as amended, hoth Parties voluntarily and intelligently waive and relinquish any right to seek
from the other payment for suppurt, alimony and mainlenance except as provided for herein.
Ill, A decree in divorce, entered hy a courl of competent jurisdiction to either Party,
shall not suspend, supersede or affecllhe terms of this Agreement, Both Parties agree to enter
a Consent Ordcr or orders concerning the provisions of Ihis Agreemem in the Court of Common
Pleas of Cumherland County, Pennsylvania, or any olher Court of competent jurisdiction, as a
pari of a resolulion of any divorce action filed or III he filcd, This Agrcement, and the terms
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and conditions contained herein, as well as the enforcement of said terms and conditions, shall
not he contingent upon the granting of a Divorce Decree to either Party hy the Court of
Common Pleas of Cumherland County, Pennsylvania, or any other Court of compctent
jurisdiction, Furthermure, hoth Parties herelll agree totimcly execute the appropriate affidavits
and consents to secure a No.Faull Divurce as may he required hy the Divorce Cude uf 19/11l,
as amended. Buth Parties hereto agree that this Agreement may he incorporated into a separate
Court Order hut shall not merge in such order in the Cuurtof Cummun Pleas of Cumherland
County, Pennsylvania,
19, Hushand and Wife acknowledge that Hushand has instituted a No-Fault Divuree
Action ducketed tu No, 95-2257 Civil Term in the Cuurt uf Cummon Pleas uf Cumherland
County, Pennsylvania, pursuant tu Sectiun 33111 (c) of the Pennsylvania Divorce Code, Act 26
of 19/1ll, as may he amended (hereinafter referred to as the "Cude"). The provisions of this
Agreement may he incorpurated in any Divorce Decree that may he entered granting a decree
of ahsolute divorce.
211, Hushand and Wife cuvenant and agree that upun re'luest uf the uther Party, they will
forthwith execute and deliver tu the uther Party any and all written instruments, assignments,
releases, satisfaetiuns, deeds, nutes or such uther writings as may he necessary ur desirahle for
the propcr effectuation uf this Agreemellt,
21. Each uf the Parties Iwretu represents III the uther that he ur she has made a full,
complete and accurate disclosure uf all assets that he ur she may uwn illdividually or jointly
heing as herein set furth at the time this Agreement has heen entered ur executed.
22, The provisiuns uf this Agreement arc fully understoud hy hoth Parties, and each
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Party ncknowlcdgcs that this Agreement is fair and e1luitahle, that it is heing entered into
voluntnrily and that it is not the result of any duress or any undue inlluence,
23, If either Party hreaclll's any provision of this Agreement, the other Party shall have
the right, at his or her election, to sue for damages for such hreach, The Party hreaching this
Agreement shall he responsihle for the pnyment of reasonahle legal fees and costs incurred hy
the other in enforcing his or her righls under this Agreement or seeking such other remedy or
relief as may he avnilnhle to him or her.
24, If any term, condition, clause or provision of this Agreement shall he determined
or declnred to he void or invalid in law or otherwise, then only that term, condition, clause or
provision shall he stricken from this Agreement and in all other respects this Agreement shall
he valid and continue in full force, effect nnd operation, Likewise the failure of any party to
meet his or her ohligations under anyone or more of the paragraphs herein with the exception
of the satisfaction of the conditiolls precedent, shall in no way void or alter the remaining
lIhligations of the Parties.
25. This Agreement shall he construed in accordance with the laws of the
Commonwealth of Pennsylvania,
26. The failure of either party hereto to enforce any term or condition of this Agreement
shall not constitute a waiver as to any suhseljuent violatioll or default of such term or condition.
27, This is the entire Agreement he tween the Parties hereto and shall he hinding upon
them, their heirs and assigns. and shall not he modified except hy a writing signed hy the Parties
hereto,
III
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._------llUU1.U~ SOCIAL SECURlT
EARNINGS YEAR TO DAlE SU I TAX
'~am:!:94'~6 EHHSYLVAHIA
: ~O: :1033 ECHAHICSBURO
: 754: : 83711HS WALMART PD
, 00: 5315 IHS MED SC N
: : : : INS DENTAL SCN
: : : : ARH WI THIIOLD
: : ERS tlRS AVAIL
: : ENH OCC. TAX
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PLANN~O 'A CRUISE? CALL Sf" 1'1'3 T~AVEL CLUB 800-955-7267
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.._E~!\~IN9~. . ._ TA~ES OEtIUCTlONS _NET rAY
STMEMENT or rARNltlnS AND OWUCTlONS ,DETAGII Mill nr IMI ron YOllR nEGOnnS
DESCRIPTION RAIE IJOuns
REOULAR'-EARHIH -,maO . 70~
HOLIDAY PAY : :
iPREMIUI'1 PAY tOOOO 754
'5TAkEtlCLDER :
VAC HRS AVAIL 3200
SICK NRS AVAIL 7031
DESCRIPTION
REOULAREAifNIH
HOLIDAY PAY
I'REI'1IUI'1 PAY
STAKEHOLDER
VAC HRS AVAIL
SICK tlRS AVAIL
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WAL. MAnT STORES, INC,
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01WS FEDERAL TAX
016.23U.B.6.3_ OCIAL SECURlT
,~AI1\t;'~C!~.- Y,EAf1.LO_O!:,E UI TAX
: ,,124 . 2,93602 EHHSYlVAHIA
00 10335 ECtlANIeSBURO
705 : 60711NS WALMART PD
00 ~31~2IHS NED se N
: :: INS DENTAL SCN
: ARN WITIINOLO
, ERS tlRS AVAIL
EIlN oce. TAX
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EARNI~.<!!l ..:..TAX~S.. Of()UC110t/S_~~J rAY .
STATEMENT or EARNltlGS AND DEDUCTIONS 'DF.TACII Atllll1f 'Altl rnl1 youn Rrr:nnflS
DESCRIPTION
REOULAR,EARHIH
HOLIDAY PAY
PREMIUM PAY
VAC IIRS AVAIL
SICK IIRS AVAIL
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o 62UlB63 SOC IH SEeURIT' 363, 1746
RATE-""irouns-"'EARNINllS YEARlOUA't SUI TAX . 5' 28
-4950' 7i"6 :--:Si9i' -24236 PEIIHSYLVAtlIA : 1491' 722
, :":0 :1033 MECItANICSBURO 53: 258
\000 153 153 536 ItIS IMLMART PD 882. 4412
3~0 : : IllS tiED SC N 550: 2750
652 ' : INS DENTAL SCW 45. 225
. , DARN IHTllllOLD 600: 3000
: PERS IIRS AVAIL 155 '0
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BARRY A. DEMEY,
plaintiff,
vs.
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
VIOLET ROSE DEMEY,
NO.: q ,,'- .J:} ..-;1 Ct(~,t 1(.c_
Defendant.
IN DIVORCE
COMPLAINT
NOW COMES the Plaintiff by his attorney, Karl M. Ledebohm, and
brings the following complaint:
COUNT NO.1: SECTION 201IA\16\ OF THE DIVORCE CODE
1. Plaintiff is an adult individual who resides at 100 Howard
Street, Apartment 2, Enola, Pennsylvania, 17025.
2. Defendant is an adult individual who resides at 608 Thrush
Court, Mechanicsburg, Pennsylvania, 17055.
3. Defendant has been a bonafide resident in the Commonwealth
of Pennsylvania for at least six (6) months immediately previously
to the filing of this complaint.
4. The parties were lawfully married on or about August 9,
1986 in Enola, Cumberland County, pennsylvania, by Arlen C. Smith.
5. plaintiff avers that there are no children of the parties
under the age of 18.
6. There have been no prior actions of divorce or for
annulment between the parties.
7. plaintiff avers that the grounds upon which this action is
based are that Defendant has offered such indignities to the person
of the Plaintiff, the innocent and injured spouse, as to render
Plaintiff's condition intolerable and life burdensome.
8. Plaintiff has been advised of the availability of
counseling and has further been advised that Plaintiff may have the
right to request that the Court require the parties to participate
in counseling.
WHEREFORE, the Plaintiff prays the lIonorable Court to enter a
Decree in Divorce, divorcing the Plaintiff from the bonds of
matrimony heretofore contracted between the Plaintiff and the
Defendant.
COUNT NO. tI: SECTION 3301'C} OF THE DIVORCE CODE
9. The allegations as set forth in Paragraphs 1 through 8 of
Count No. 1 are incorporated herein by reference.
10. The marriage is irretrievably broken.
WHEREFORE, the Plaintiff prays your Honorable Court to enter
a Decree in Divorce, divorcing the Plaintiff from the bonds of
matrimony heretofore contracted between the Plaintiff and the
Defendant.
COUNT NO. III: EOUITABLE DISTRIBUTION
11. Paragraphs 1 through 10 of this Complaint are
incorporated herein by reference as though set forth in full.
12. Plaintiff and Defendant have acquired property, both real
and personal, during their marriage, which property is "marital
property" .
13. Plaintiff and Defendant may have owned, prior to the
marriage, property which has increased in value during the marriage
and/or which has been exchanged for other property, which has
increased in value during the marriage, all of which property is
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