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..PARATIOM AND PROPIRTY ..TTL".MT AOR...IMT
TIlIS AGREEMENT, made this ~ day of I,.., , 1996, by
and between ALU It. THOIIP.OM, of carlisle~nd County,
hereinafter referred to as "Husband," and CAIlOLYIf J. TROMP.OII, of
Carlisle, Cumberland County, hereinafter referred to as "Wife."
HITNESSETIlI
WHEREAS, Husband and Wife were lawfully married/ and
WHEREAS, three children were born unto the marriage. Lisa,
Janel, and Julie/ and
WHEREAS, certain differences have arisen between the parties,
as a result of which they have decided to separate, and are
desirous therefore of entering into an Agreement which will
distribute their marital property in a manner which is equitable
and will provide for their mutual responsibilities and rights
growing out of the marriage relationship/ and
WHEREAS, the parties hereto, after being properly advised by
counsel, or having had the opportunity of being properly advised by
counsel, understand the legal impact of this Agreement and exeoute
this Agreemsnt intending to be legally bound by the terms of this
Agreement.
NOW, THEREFORE, in consideration of the above recitals and the
following covenants and promises mutually made and mutually to be
kept, the parties heretOfore, intending to be legally bound and to
legally bind their heirs, successors and assigns thereby, covenant,
promise and agree as followSI
1. SEPARATION I The parties agree to live separate and apart
from one another at such placee ae he or ehe may from
time to time chooee or deem fit.
2.
INTERFERENCE I Each party shall be free from
interferenC"e, author! ty and contaot by the other, as
fully as if he or she Were single and unmarried, except
as may be nsceeeary to carry out the provisions of this
Agreement. Neither partr shall molest the other nor
attempt to endeavor to mo est the other, nor compel the
other to cohabit with the other, nor ill any way interfere
with the peaceful exhtence, ..parate IInd apllrt from the
other.
WIFE' S DEBTa: Wife repreeenta IInd warrantB to !lusbllnd
that since the dllte at this Agrsement .he hils not, IInd in
the future she will not, oontract or incur any debt or
liability for which Ilusband of his Estate might be
responsible IInd shill I Indemnify IInd eave Husband harmless
from IIny IInd 1111 clalme or demands mllde against him by
reason of dablo or obligation. inourred by her.
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4. HUSBAND'S DEBTS: Husband represents and warrants to Wife
that since the date of this Agreement he has not, and in
the future he will not, contract or incur any debt or
liability for which Wife of her Estate might be
rssponsible and shall indemnify and save Wife harmless
from any and all claims or demands made against her by
reason of debts or obligations incurred by him.
5. MUTUAL RELEASE: Subject to the provisions of this
Agreement, each party waives his or her right to alimony
and any further distribution of property inasmuch as the
parties hereto agree that this Agreement provides for an
equitable distribution of their marital property in
accordance with the Divorce Code of 1980. 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 and
discharge the other of and from all causes of action,
claims, rights or demands whatsoever in law or equity,
which either of the parties ever had or now has against
the other, except any or all cause or causes of aotion
for divorce and except in any or all cauees of action for
breach of any provisions of this Agreement. Each party
also waives their right to request marital counseling
pursuant to Section 202 of the Divorce Code.
6. EOUITABLE DISTRIBUTION OF MARITAL PROPERTY: The parties
have attempted to distribute their marital property in a
manner which conforms to the criteria set forth in
Section 401 of the Pennsylvania Divorce COde, and taking
into account the following considerations: the length of
the marriage 1 the fact that it is the Wife's first
marriage and Husband's first marriage 1 the age, health,
station, amount and SOUrces of income, vocational skills,
employability, estate, liabilities and needs of each of
the parties 1 the contribution of each party to the
education, training or increased earning power of the
other partYI the opportunity of each party for future
acquisitions of capital assets and incomel the sOUrces of
income of both parties, including but not limited to
medical, retirement, insurance or other benefits 1 the
contribution of dissipation of each party in the
acquisition, preservation, depreciation or aPfreoiation
of the marital property, including the contr bution of
each spouse as a homemaker 1 the value of the property set
apart to each partYI the standard of living of the
parties established during the marriage 1 the economic
circumstances of each party at the time the division of
property at is to become effective.
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The division of existing marital property is not intended
by the parties to constitute in any way a sale or
exchange of aesetel and the division is being effected
without the introduction of outside funds or other
property not constituting marital property. The division
of property under this Agreement shall be in full
satisfaction of all marital rights of the parties.
A. DISTRIBUTION OF MARITAL LAND: Husband and Wife
agree that the property situate at 1922 Esther
Drive, shall or will be sold and all the proceeds
from the sale of the home, which equals
approximately $68,000.00 shall become the sole and
separate property of the Wife.
Husband agrees to relinquish any and all right,
title and interest in said proceeds. Husband
further agrees to execute any and all documents
necessary to effectuate Wife receiving all the net
proceeds from the sale of the marital home.
B. PERSONAL PROPERTYI Husband and Wife agree that all
the personal property which is currently in
possession of each party shall remain the sole and
separate property of that party. Each party agrees
to waive, relinquish and discharge any and all
right, title and interest in the property in the
possession of the other.
7. ALIMONY: Husband agrees to pay alimony from the date of
the signing of this agreement through August of 1998 at
the rate of $600.00 per four (4) week period of time or
a total of approximately $19,200.00. Modification of
alimony shall be as provided by law.
8. COLLEGE COSTSI Husband and Wife agree that at the time
of the signing of this agreement there exists no
obligation of either parent to provide post secondary
education support to their respective children.
Nonetheless, however, Husband agrees that he will, to the
best of his ability, assist each of the two daughters in
their post secondary endeavor, including costs of
tuition, room, and board. Husband will pay unto Wife the
sum of $150 per week for child support for JUlie until
such time that Julie graduates from high school.
Husband's voluntary obligation would under no
circumstances exceed an amount that would be equivalent
to that which would be incurred as a result of attendance
at Shippensburg University for IS four (4) year period.
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9. MEDICAL INSURANCE/LIFE INSURANCE: Husband agrees to
carry medical insurance for the benefit of Janel and
Julie. When Janel reaches the age of twenty-two (22)
then it is agreed that Janel will be covered under Wife's
medical insurance, so long as Wife continues to have such
coverage available through her employment, and until such
time as Janel completes her college. The parties agreed
to share equally in the costs actually charged to Wife
for this specific insurance coverage. There is no
agreement that Husband or Wife would participate in the
costs of any COBRA insurance benefits which Janel might
elect to carry. In addition to the aforementioned
medical insurance, Husband will provide life insurance on
his life with Wife being named as beneficiary. The face
amount of said insurance shOUld be in the amount of
alimony as set forth above.
In addition to the aforementioned medical coverage, Husband will
provide life insurance on hie- life with Wife being namsd as
beneficiary. The face amount of said insurance shall be in the
amount of alimony as set forth above.
10. ALIMONY PENDENTE LITE. COUNSEL FEES AND EXPENSES:
Husband and Wife agree and acknowledge that the
provisions of this Agreement providing for the equitable
distribution of marital property of the parties is fair,
adequate and satisfactory to each of them. Both parties
agree to accept the provisions set forth in this
agreement in lieu of and in full and final settlement and
satisfaotion of all claims and demands that either may
now have or hereafter have against the other for alimony
pendente lite, counsel fee. or expenses or any other
provisions for support and maintenance before, during and
after commencement of the proceedings for divorce or
annulment between the parties.
11. WAIVERS OF CLAIMS AGAINST ESTATES I 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 right 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, dower, curtesy, statutory
allowance, widow's allowance, right to take in intestacy,
right to take against the will of the other, and right to
act as administrator or executor of the other's estate,
and each will, at the request of the other, execute,
acknowledge and deliver any and all instruments which may
be necessary or advisable to carry into effect his mutual
waiver and relinquishment of all such interests, rights
and claims.
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12. SUBSEOUENT DIVORCE I It is contemplated that Wife will
proceed with a nO-fault complaint in divorce against
Husband in the near future. Husband and Wife agree to
sign an affidavit of consent and an affidavit waiving
counseling to be filed in said divorce action. In the
event such divorce action is conoluded, Husband shall be
entitled to receive a copy of the Decree in Divorce for
the normal fee charged by the Prothonotary and shall not
be assessed any costs of the proceeding. In the event
such divorce action is concluded, the parties shall be
bound by all the terms of this Agreement, which shall not
be incorporated by reference into ~he Divorce Decree, but
shall in all respects survive the same and be forever
binding and conclusive upon the parties.
13. BREECH I 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 suoh breach, or
seek such other remedies or relief as may be available to
him or her, and the party breaching this contract ehould
be responsible for payment of legal fees and coste
incurred by the other in enforcing his or her rights
under thie Agreement.
14. ADDITIONAL INSTRUMENTS I 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.
VOLUNTARY EXECUTION I Husband and Wife acknowledge the
provisions of this Agreement are fully understood by both
parties. Each party acknOWledges that the Agreement is
in all respects fair and equitable, and it is entered
into voluntarily and knowingly, and not as the result of
any duress or undue influence.
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ENTIRE AGjtEEMENT: This Agreement contains the entire
understanding of the parties and thsre are no
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 reepect to the distribution and divipion
of marital and sepants property are fair, equitable and
satisfactory to them based upon the length of their
marriaqs and other relevant faotors which have been taken
into consideration by the partiee. Both parties hsreby
aocspt the provisions of this Agreement with r..peot to
the division of property in lieu of and in full and final
settlemsnt and satisfaotion of all olaim. and demands
that they may now have or hereafter have against the
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other for equitable distribution of their property by any
court of competent jurisdiction pursuant to Section
401(d) of the Divorce code or any other laws. 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
Agresment.
17. DISCLOSURE: Husband and Wife agree, represent and
warrant to the other that he or she has made a full and
complete disclosure to the other of all assets of any
nature whatsoever in which such party has an interest,
the sources and amount of the income of such party of
every other type whatsoever and of all other facts
relating to the subject matter of this Agreement.
18. 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 any of the
provisions of this Agreement shall not be construed as a
waiver of any subsequent default of the same or similar
nature.
19. DESCRIPTIVE HEADINGS: The descriptive headings used
herein are for convenience only. They shall have no
effect whatsoever in determining the rights or
obligations of the parties.
20. INDEPENDENT SEPARATE COVENANTS: It is specifically
understood and agreed by and between the parties hereto
that each paragraph hereof shall be deemed to be a
separate and independent covenant and agreement.
21. APPLICABLE LAWI This Agreement shall be construed under
the laws of the Commonwealth of Pennsylvania.
22. VOID CLAUSES: If any term, condition, clause or
provision of this Agreement shall be determined or
declared to be void or invalid in law or otherwise, then
only that term, condition, olause or provision shall be
stricken from thie Agreement and in all other respects
this Agreement shall be valid and continue in full force,
effsct and operation.
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23. AGREEMENT BINDING ON HEIRS: This Agreement shall be
binding and shall inure to the benefits of the parties
hereto and their respective heirs, executors,
administrators, successors and assigns.
24. AUTOMOBILES: Husband shall retain the 1995 Subaru and
Wife shall retain the 1994 Saturn. Each party agrees to
execute whatever documents are necessary to effectuate
the provisions of this agreement.
25. PENSIONS AND RETIREMENT I Husband and Wife agree that
they shall waive any and all right, title and interest in
the pension or retirement of the other. Each party will
sign whatever documents as may be from time to time
necessary to effectuate the same.
IN WITNESS WHEREOF, the parties have hereto set their hands
and seals the day and year first above written.
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CAUOI.YN J, 'Il10MllSON,: IN '1lI1l COllUT 011 COMMON IllJ!AS 01/
Plaintiff ClIMDllJUAND COUNIY, Ill{NNSYJ.VANIA
CIVIl. ACI'ION . lAW
v,
AlAN K, '1lI0MIlSON,
Dcfcndant
NO, 'I')
IN D1VOnCIl
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NOTICE TO DEFEND AND CLAIM IUGIITS
You havc becn sucd In coun. If you wish to defend against the claims set fonh
In thc following pagcs, you must takc prompt aCllon, You arc wamed thaI If you fall
to do so, the casc lIIay procecd wlthoul you and a decree of divorce or annulment may
be entercd against you by lhc COUll, A Judgmcnt may also be cnlered against you for
any olher c1ahn or rcllef requested In these papcrs by the Plaintiff. You may lose
money or property or olhel' lights Imponnlll to you, Including cuslody or visitallon of
your children.
When the ground for lhe dlvorcc Is Indignities 01' Irretrievable breakdown of the
maniage, you may request marriage counseling, A list of maniage counselors Is
avaUable In the Office of the ProthonotalY, Cnmberland CoulllY Counhouse, Carlisle,
Pennsylvania 17013.
IF YOU 00 NOT FUll A CI..\JM I/Oll AlJMONY, DIVISION OF PROPllRlY,
LAWYER'S IIJillS OR IlXPIlNSI!S Olll/Onll A DIVORCI! on ANNIJLMIWI' IS GIlAN11ID,
YOU MAY I.OSH lUll JUGIn'1'O ClAIM ANY OF 11I1lM,
YOU SHOUlD TAJ(1l '11 liS l'AI'1lI1 TO YOUR IAWYHR AT ONCIl, U' YOU DO
NOT IIAVIl A lAWYER on CANNOT AlIJ'OIID ONIl, GO 1'0 on 'I1l1llPIIONIl 'IlI1l
OFl/ICIl SilT II0unl D1l1.OW'I'D I'IND OITI' WHllIm YOU CAN Girl' lEGAl. HELP,
cOlin... ADMINIS'l1lATOn
CUMlIIlIU.AND COIJN'IY COUU'l1101lSIl
CAIUJSlJl, I'A 17013
'I1l1JlI'1I0Nll: 717-240-6200
CAlIOI.YN J, '1lI0MPSON.: IN '1lI1! COUIl'l' 01' COMMON 1)lJlAS 01'
l'lalntiff ClJMDHlUANI> COUN'IY. JlI{NNSYI.vANIA
CIVIl. AcnON . lAW
v,
AlAN K, nlOMJlSON,
Defcndant
NO, (If) ,)'Uc() ('... \. \"'11')
IN DlVOIlCI!
COMI)IAINT UNDF.R SIlCl10N 330Hcl OR
330Hdl 01' '11 III D1VORCH COOl!
1. Plaintiff Is Carolyn J, Thompson, who currently resides at 1922
Esther Drive, Carlisle, North Middleton Township, Coumy of Cumbcrland,
Pennsylvania, 17013, and has resided lherc since 1978.
2, Defcndant Is Alan K. 'l'hompson, who currcntly resides at 1922
ESlher Olive, Carlisle, Nonh Middleton Township, County of Cumberland,
Pennsylvania, 17013, and has resldcd therc since 1978, the panles having separated on
May 19,1995.
:J. Plaintiff has been a bona fide resident In the Commonwenlth for at
least six months Immcdlately previous to the filing of lhls Complaint.
4. The Plaintiff and Defendant were martied on March 20, 1971, at
U)ufflOn, Wells County, Indiana,
5, Neither Plalntlff nor Dcfcndalllls In the military or naval servicc of
thc United Slates or Its nllles within the provisions of thc Soldiers & Snllol'S Civil Hellef
ACI of the Congrcss of 1941l nnd Its nmclHhl1cnls.
6. There have heel1no plioI' al'tlons of divorce or for llnnulmcnt
between the panles,
7, The martiage Is Irretlievably broken,
8, Plaintiff has been advised that counseling Is available and that
Plaintiff may have the light to request that the Coun require the panles to panlclpale
In counseling,
9, Plalllllff requests the Court to elller a decree of divorce,
WHEREFORE, the Plaintiff requests that the Court enter a decree of divorce,
divorcing the Plaintiff and the Defendant,
Respectfully submitted,
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BY: llIel W, MUkes, Esq,
JACOBSEN Ilr MILKES
52 E, High Street
Carlisle, PA 17013
(717) 249.6427
Attomey No, 30130
1 hereby velify that the statements made III the foregoing are true and correct, I
understwld that false S1alemenlS herein are made subJect 10 the penalties of 18 Jla,C,S,
Section 4904, relating to unswom falsification to authOlitles,
Dated: ') (I lIlt? \
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-.rIDAVIT or COM.aMT
1. A Complaint in Divorce under section 3301(c) of the
Divorce Code was filed on May 22, 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. I understand that I may lose rights concerning
alimony, division of property, lawyer's fees or expenses it I do
not claim them before a divorce is granted.
I verify that the etatements 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. Section 4904,
relating to unsworn falsification to authorities.
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CAROLYN J, THOMPSON,
Plaintiff
IN THE COUR'I' OF COMMON PLEAS OF
CUMBERLAND COUNTY, pgNNSYLVANIA
CIVil, ACTION - LAW
v,
ALAN K, 'I'HOMPSON,
Defendant
NO, 95-2760 Civil
IN DIVORCE
AI~FIDAVIT Ol~ CONSgN'!:
1. A Complaint in Divorce under the Divorce code was filed on May 22,
1995, on the grounds that the marriage of the parties is irretrievably broken,
2, The mworinge of Plaintiff and Defendant is irretrievably broken and
ninety days have elapsed from the date of filing the Complaint.
3, I consent to the entry of a final decree of divorce,
4, I understnnd that I may lose rights concerning aiimeny, division of
property, lawyer's fees or expenses if I do not claim them before a divorce Is
grnnted,
In addition, I specifically acknowledge that a full and finai settlement of ail
property and other rights of the parties has been entered between the Plaintiff nnd
Defendant by a Murltal Settlement Agreement,
I verilY that the statements mude in the Affidavit woe true and correct, I
understand that false statements herein are Illade subject to the penaltiea ef 18
Pu.C,S. ~ 4904 reluting to unsworn faisification to authorities.
Date: II ~/'l(
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CAROLYN J, THOMPSON,
Plaintiff
IN THE COURT OF COMMON PI,EAS 01<'
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION. LAW
v,
NO, 05.2700 Civil
ALAN K, '1'HOMPSON,
Defendant
IN DIVORCE
WAIVER OF COUNSELING
Plaintiff, Carolyn J, 'l'hompson, herein, hereby states and certifies as follows:
1. I have been advised of the uvailabllity of marriage counseling ond
understand that 1 may request that the Court require that my spouse and I
participate In counseling,
2, I understand that the Court molntwns a list of marriage counselors in the
Domestic Relations Office, which list is avwlable to me upon request.
3, Being so advised, I do not request that the Court require that my spouse
and I participate In counseling prior to a divorce decree being handed down by the
Court,
I understand that folse statements herein are made subject to the penalties
of 18 Pa,C,S, Section 41)04, relating to unsworn folsilication to authorities,
Dated: I I
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CAROLYN J. THOMPSON, 1 IN THE COURT OF COMMON PLEAS
1 CUMBERLAND COUNTY, PENNSYLVANIA
plaintiff, 1
v. 1 NO. 95-2760
1
1 CIVIL ACTION - LAW
ALAN 1<. THOMPSON, 1
1 IN DIVORCE
Defendant. 1
WAlVD or "O'1'ICI or IlITmrrlO.. '1'0
.laUII'I' mrr.y or A DIVO.CI DIC.II UllDD
IIC'I'IOII 3301(01 or '1'.1 DIva.CI CODI
1. I consent to the entry of a final decree of divorce
without notice.
2. I 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 is granted.
3. I understand that I will not be divorced until a
divorce decree is entered by the Court and that a copy of the
decree will be sent to me immediately after it is filed with the
prothonotary.
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. 54904 relating to
unsworn falsification to authorities.
,/
DATE I. 7 {AAA { IPS I I' i (( [,
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