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HomeMy WebLinkAbout95-02979 , .JO.L O. ..OIlRI.T AT1'OlINIY AT LAW _ 0l.D YOIIK ROAD ."...... "A 1711. . , ~_.- ... ... - - .....' '~~,~_~~-l!C:_~',,:~~~,,:~~,')(~.a<>*~:>aIl<.'" __~ . . 8 . , , 8 8 8 8 . . . . . i , . . . I . : . . . . - . . . . . . . . . . . . . . . . . . f. DECREE IN : DIVORCE J:. 2-;O~PA' AND NOWtJ~..~. 19 4'. ~. It i. ordered and : i . ~ . . - . . . 8 . 8 . * 8 W . IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY STATE OF * PENNSYLVANIA Virgil H. Chambers 1'\ n. 95-2979 CIVIL II) Vl'r~lI~ M~ry L. Chambers d.cr.ed that.... Y.i.r:9P, .Il,. ~.I1~'!1P.~r:s,....................... plaintiff, and. ...... .. ... . .l'!~H. .It.. ~.I1~'!1P.~r:!l... . .. . . .. , . . ... .. ....... defendant, or. divorced from the bonds of matrimony. ThwlCVUrtlfwt.Im<~"..iC)fion xlIk ""e lh:Itlowlnv dcIln1 I lWhhltt< trcMI ...A~'~~~.i.Ri~A~a~~i.R~h~eKNnmi~h..~,.~ ...IIdA-.d:x The Agreement between the parties dated October 31, 1995, a .~J?\l!'l. .'!t:lP. .q(?fr.~qt. ~.qI?Y..~~ . \'I/1.~<;~. .h.,!~, P.~E1l,1. .f.q~p. .qf. r.~c;'<?r.q . ~l,1. .t.his case, is hereby incorporated into but not merged with the . .Divor-ce. Dllcree........,.......,..,... ............................... AI II 'r ,., 7/ J.. ) n - .fi&'tL"~f' t t)u~ ~, /:-f-J"T/l..".-.i!t.7'" , , I AJii.1 ~ i --.... ,1 J', L. i.... ,A. 1',. .y.ll ): .-,,_:Lt.. . / rolhonolary .'-.''.:jji".ac:-..:. .ai. .JOe. 'lOC. .....:~...... .....:..'......;J It-d{I-~5' tLl, G/I ":l;J2~ ~''/'aJ s;J~ II .,)/1 ~(" X~ /UL'i-J)/ ~ 'IT" . <I , AGREEMENT THIS AGREEMENT made this:1 / JT day of 0 r M~ , 1995, by and between VIRGIL H. CHAMBERS, hereinafter referred to as "HUSBAND" and MARY L. CHAMBERS, hereinafter referred to as "WIFE". WITNESSETH: WHEREAS, the parties hereto are husband and wife; and WHEREAS, certain differences have arisen between them, as a consequence of which the said parties are living separate and apart and therefore desire to enter into an agreement for the final settlement of their property and affairs; and WHEREAS, the parties, being fully advised as to their respective rights, duties and obligations growing out of their marital status, have come to an agreement as to each and all of their said matters of property and relations; and WHEREAS, HUSBAND has entered suit for abso1ut~.divorce from WIFE. NOW, THEREFORE, in consideration of the covenants and promises hereinafter mutually to be kept and performed by each party, as f -1 ~ I well as for other good and valuable consideration, it is agreed as follows: 1. SEPARATION: It shall be lawful for HUSBAND and WIFE to live separate and apart from each other and to reside from time to time at such place or places as they shall respectively deem fit. 2. INTERFERENCE: Each party shall be free from interference, authority and contact by the other, except as may be necessary to carry out the provisions of this Agreement. Neither party shall molest the other nor attempt to endeavor to molest the other nor in any way harass or malign the other, nor in any way interfere with the peaceful existence, separate and apart from the other. 3. NAHES: It is understood that the terms HUSBAND and WIFE are used throughout this Agreement solely as the method of identifying the parties and such words shall not be construed to have any special meaning or purpose for their use, and are not dependent on their marital status with each other. 4. DIVORCE: HUSBAND has filed an action for divorce in Cumberland County, Pennsylvania. The parties agree that upon the passage of the ninety day waiting period after the filing of the divorce complaint, they will both execute affidavits of consent so that the divorce action can be completed. This Agreement shall remain in full force and effect regardless of any change in the marital status of the parties. 5. WIFE'S DEBTS: WIFE represents and warrants to HUSBAND that she will not contract or incur any debt or liability for which HUSBAND or his estate might be responsible other than those debts assumed by the HUSBAND as a consequence of the Agreement herein. 6. HUSBAND'S DEBTS: HUSBAND represents and warrants to WIFE that he will not contract or incur any debt or liability for which WIFE or her estate might be responsible other than those debts assumed by the WIFE as a consequence of the Agreement herein. 7. MUTUAL RELEASES: 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 whatsoeverr in law or equity, which either of the parties ever had or now has against the other except any or all causes of action for divorce and except any or all causes of action for the breach of any provisions of this Agreement or property rights created and maintained in this Agreement. B. WAIVER OF CLAIMS AGAINST ESTATE: HUSBAND relinquishes his inchoate intestate right in the estate of WIFE, and WIFE relinquishes her inchoate intestate right in the estate of HUSBAND, and each of the parties hereto by these presents for himself or herself, his or her heirs, executors, administrators, or assigns, does remise, release, quit-claim, and forever discharge the other party hereto, his or her heirs, executors, administrators or assigns, or any of them, of any and all claims, demands, damages, actions, causes of action, or suits at law, or in equity, of whatsoever kind or nature, for or because of any manner of thing done, omitted, or suffered to be done by said other party prior to and inclUding the date hereof. 9. DISPOSITION OF RESIDENTIAL PROPERTY: The parties are joint owners of a tract of improved real estate located in West Hanover Township, Dauphin County, Pennsylvania, and known and numbered as 7761 West Skyline Drive, Harrisburg, Pennsylvania. The property is subject to two mortgages, one being a mortgage held by Pennsylvania St4te Employees Credit Union with a current balance of approximately $67,000.00 and the other being a second mortgage held by First Federal of Harrisburg, Pennsylvania with a current balance of approximately $6,000.00. In regard to the mortgage held by First Federal of Harrisburg, HUSBAND shall make the payments as they come due until December of 1999 at which time he will satisfy this obligation in full. In regard to the Pennsylvania state Employees Credit Union mortgage, HUSBAND make the payments on this obligation as they come due until December 6, 2001. At that time, HUSBAND shall convey all of his right, title and interest in the premises to WIFE by way of a special warranty deed, at which time, WIFE shall become responsible for the balance then due and owing on the Pennsylvania State Employees Credit Union mortgage. Also at that time, WIFE shall cause HUSBAND to be removed from responsibility for said mortgage either by securing his release from the Pennsylvania State Employees credit Union or refinancing and satisfying the Pennsylvania State Employees Credit Union mortgage or by selling the premises and satisfying the Pennsylvania State Employees credit Union mortgage. 10. REAL ESTATE TAXES: HUSBAND shall be responsible for payment of the real estate taxes on the property set forth in Paragraph 9 above until December 6, 2001, at which time this obligation shall cease. In regard to the real estate taxes which are levied during the year 2001, said taxes shall be prorated until December 6, 2001, on a fiscal year basis. 11 . MOTOR VEHICLES: HUSBAND shall retain as his sole and separate property the 1982 Volvo automobile and the 1979 Saab, and WIFE shall waive any claim which she may have to these vehicles. WIFE shall retain as her sole and separate property the 1986 Chevrolet automobile and the lease for the 1995 Ford Windstar motor vehicle and HUSBAND waives any claim which he may have to these vehicles. 12. BANK ACCOUNTS: The parties have previously divided to their mutual satisfaction any and all bank accounts. Henceforth, any bank accounts in the name of HUSBAND shall remain his sole and separate property and any bank accounts in the name of WIFE shall remain her sole and separate property. 13. PERSONAL EFFECTS: Each party shall retain as his or her own property, free and clear of any claims of the other party, his or her respective, individual and personal clothing, jewelry, and personal effects. 14. PERSONAL PROPERTY: HUSBAND shall retain all items of personal property currently in his control and possession and WIFE waives any claim thereto. In regard to items of personal property located at 7761 West Skyline Drive, Harrisburg, Pennsylvania, HUSBAND agrees that these items of personal property shall remain the separate property of WIFE; provided, however, that WIFE, in her sole discretion, may release certain items of personal property to HUSBAND, and if she does so, HUSBAND shall remove said items from the premises located at 7761 West skyline Drive, Harrisburg, Pennsylvania, within one month after the execution of this agreement. If HUSBAND does not remove the items within one month after the date of the execution of this Agreement, WIFE shall have the right to remove and dispose of such items of personal property as she sees fit. 15. STOCKS AND BONDS: Neither party has any interest in or control of any stocks or bonds. 16. RETIREMENT/PENSION PLANS: WIFE owns a 401(k) retirement plan through her employer, the Harrisburg Diocese of the catholic Church. WIFE shall retain this asset as her sole and separate property and HUSBAND waives any claim which he may have thereto. HUSBAND is a member of the State Employees Retirement System and as an employee of the Conunonwealth of Pennsylvania, has a retirement program through PSERS. WIFE recognizes that this is a substantial asset and that she has the right to have this asset evaluated. WIFE is satisfied that she is being adequately provided for by virtue of other assets which she is receiving under the terms of this Agreement, and agrees that HUSBAND shall retain the aforementioned retirement program as his sole and separate property. WIF'E waives any claim which she may have thereto. WIFE further agrees to execute any and all documents necessary to evidence her waiver of any claim to HUSBAND's pension/retir.ement plan. 17. HEALTH INSURA~ Upon termination of the marriage, each party shall be responsible for obtaining and maintaining his or her own health insurance ben~fits. Each currently has health insurance benefits provided by his or her respective employer. HUSBAND agrees to continue to provide health insurance coverage for the parties' children until they are no longer considered dependents for Federal Income Tax purposes. lB. LIFE INSURANCE: HUSBAND agrees to maintain one or more life insurance policies which will provide for satisfaction of the mortgages addressed in Paragraph 9 herein, in the event that HUSBAND should die prior to the end of his obligation in regard to the mortgages. By way of clarification, he shall maintain a policy which would satisfy the First Federal of Harrisburg mortgage if he were to die prior to December 1999, and he shall maintain Q life insurance policy which would satisfy the Pennsylvania state Employees Credit Union mortgage if he were to die prior to December 6, 2001. The obligation to maintain this policy or these policies shall terminate on the respective dates set forth in the preceeding sentence. If the parties son, sethr is still condsidered a dependent of wife for income tax purposes, HUSBAND shall maintain a life insurance policy on which he is the insured and on which Seth is the beneficiary with a death benefit amount of not less than $20,000.00, this obligation to run from December 6, 2001 until December 6r 2005, or when Seth is no longer a dependent of WIFE, whichever event occurs first. 19. DEBTS AND OBLIGATIONS: The parties have a personal loan through PSECU with a current balance of approximately $5700.00. HUSBAND agrees to assume this obligation and to satisfy it upon his retirement from his current employment by \lse of accumulated sick leave and annual leave. However, if this sum is not sufficient to satiSfy this obligation, HUSBAND will assume it as a personal installment loan and shall hold WIFE harmless in regard thereto. The parties have credit cards which are in their individual names alone. Each shall be responsible for his or her credit card obligations. 20. CUSTODY: The parties have one minor child, Seth, born December 6, 19S3. The parties agree that they shall have joint legal custody of Beth and the WIFE shall have majority physical custody of Seth. HUSBAND shall have reasonable and liberal visitation rights as shall be agreed upon by the parties. The parties specifically agree that in all matters of importance relating to seth's health and education, they shall consult and confer with each other with a view toward adopting and following an harmonious policy. WIFE reserves the right, as majority custodial parent, to have final decision making powers in matters of conflict with HUSBAND. The parties recognize that for the well-being of Seth, it is essential that his affections for both parents be preserved. Accordingly, both parties agree not to attempt to alienate the affections of Seth for either parent, but instead to foster and encourage those affections. 21. NOTIFICATION OF RESIDENCE: The parties shall keep each other informed of his or her place of residence, including the specific address until Seth reaches the age of eighteen years at which time this obligation shall end. 22. SUPPORT: HUSBAND shall pay to WIFE for the support of Seth the sum of $500.00 per month until Seth graduates from high school in June 2002. It is specifically understood and agreed that so long as HUSBAND's support obligation is current, these payments shall be made directly to WIFE by ordinary check in ordinary mail, or through direct deposit into WIFE's cheCking account. However, if HUSBAND misses two consecutive months of child support, the parties agree that WIFE may, at her sole optionr apply to the appropriate Domeat!c Relations Office and have the above cited support payment made through that office. It is specifically understood and agreed by and between the parties that the child support obligation of HUSBAND of $500.00 per month takes into consideration the disparate earnings and abilities to earn income of the parties and WIFE's expenses associated with raising Seth. Thus, there shall be no abatement in this child support obligation in the event that Seth resides with HUSBAND during vacations or summer months; provided, however, that this obligation to pay support shall terminate if WIFE is no longer the majority custodial parent of Seth. The parties acknowledge that they have a joint obligation to provide for any extra curricular activity expenses associated with activities in which Seth participates, such as sporting teams and lessons. The parties will consult with each other regarding such expenses. HUSBAND's obligation provided for herein shall terminate upon high school graduation in June 2002. Any payments toward Seth's college expenses shall be discussed by the parties. 23. MEDICAL. VISIONr AND DENTAL EXPENSES: The parties shall share in the responsibility for extraordinary, un reimbursed medical, vision, dental and prescription expenses on behalf of their dependent children, commensurate with their means. 24. TAX EXEMPTIONS: HUSBAND agrees that WIFE shall be entitled to claim Kristie, Alex and Seth as exemptions/dependents in the filing of her Federal and/or state income tax returns. 25. TAX DEDUCTIONS: WIFE agrees that HUSBAND shall be entitled to claim as deductions on his income tax returns, the interest which he pays on the mortgages provided for in Paragraph 9 herein and the real estate taxes as set forth in Paragraph 10 herein. 26. PAYMENTS TO WIFE: HUSBAND agrees to pay to WIFE the sum of $100.00 per month until December 6, 2001, at which time this obligation shall terminate. It is the intention that these payments be used by WIFE for investment in her 401(k) plan through her employer. 27. WAIVER OF APPRAISEMENT AND INVENTORY: The parties acknowledge and agree that they have had an opportunity to value or have appraised any and all marital property, and they do hereby waive a formal appraisal and inventory of same/ and no statement or representation by "lither party as to value shall be deemed a misstatement or misrepresentation to the other or be deemed fraudulent. 28. EXECUTION OF DOCUMENTS: The parties hereto agree to execute any and all documents necessary to effect the terms of this Agreement. 29. INCORPORATION: This Agreement may be incorporated into, but shall not be merged with, a Decree in Divorce between the parties. 30. LAW OF AGREEMENT: This Agreement shall be construed under the laws of the Commonwealth of Pennsylvania. 31. ENTIRE AGREEMENT: This Agreement contains the entire understanding between the parties. There are no representations, warranties, covenants or understandings other than as expressly set forth herein. 32. LEGAL ADVICE: WIFE understands that the within Agreement has been prepared by HUSBAND's attorney, Joel O. Sechrist, Esquire. WIFE has been advised to retain her own attorney to advise her prior to the execution of this Agreement. The parties to this Agreement hereby acknowledge that they have carefully examined its contents and that they are satisfied that they understand the Agreement and further that the Agreement is fair and equitable. IN WITNESS WHEREOF, the parties have hereunto set their hands and seals the date first above written. -----..------------." (JI , I L( i II JJ I (() (II :J /.J) " I )1 I ) ') If) j ! J( \ ' " J' (IF N{/1 I/,l{ dt,l ;J,S' (') i)'( ( ),1 , a('(} fe" -' ATTOftNIY AT LAw ... OL.D VONK ROAD ITTI..,. ~A 171'. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NQTlCE TO DEFEND AND CLAIM RIGHTS MANDATED BY R.C.P. 1920.71 VIRGIL H. CHAMBERS civil Action - Law VS. No. MARY L. CHAMBERS Action in Divorce AVISO PARA DEFENDER Y RECLAMAR DERECHOS US TED HA SIDO DEMANDADO EN LA CORTE. si desea defenderse de las quejas expuestas en las pAginas siguientes, debe tomar acci6n con pronti tud. Se Ie avisa que si no se defiende, el caso puede proceder sin usted y decreta de divorcio 0 anulamiento puede ser emitido en su contra por la Corte. Una decisi6n puede tambien ser emitida en su contra par cualquier otra queja 0 compensac16n reclamados por el demandante. Usted puede perder dinero, 0 propiedades u otros derechos importantes para usted. Cuando la base para el divorc1o es indignidades 0 rompimiento irreparable del matrimonio, usted puede solic1tar consejo matrimonial. Una lista de consejeros matrimoniales estA disponible en la oficina del Prothonotary, en la Cumberland County Court of Common Pleas, 1 Courthouse Square, carlisle, Pennsylvania, 17013. BI UBTED NO RECLAMA PENSION ALIMENTICIA, PROPIEDAD MARITAL, HONORARIOS DE ABOGADO U OTROS GASTOS ANTES DE QUE EL DECRETO FINAL DE DIVORCIO 0 ANULAMIENTO SEA EMITIDO, USTED PUEDE PERDER EL DERECHO A RECLAMAR CUALQUIERA DE ELLOS. US TED DEBE LLEVAR ESTE PAPEL A UN ABOGADO DE INMEDIATO. SI NO TIENE 0 NO PUEDE PAGAR UN ABOGADO, VAYA 0 LLAME A LA OFICINA INDICADA ABAJO PARA AVERIGUAR DONDE PUEDE OBTENER ASISTENCIA LEGAL. Office of the Court Administrator Cumberland County Courthouse 4th Floor 1 Courthouse Square Carlisle, Pennsylvania 17013 Telefono No. (717) 240-6200 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA VIRGIL H. CHAMBERS civil Action - Law VS. MARY L. CHAMBERS No. Action in Divorce COMPLAINT 1. Plaintiff is virgil II. Chambers, an adult individual, who currently resides at 132 Prowell Drive, Camp Hill, cumberland county, Pennsylvania, 17011. 2. Defendant is Mary L. Chambers, an adult individual, who currently resides at 7761 West Skyline Drive, Harrisburg, Dauphin County, Pennsylvania, 17112. 3. The Parties have been bona fide residents in the commonwealth of Pennsylvania for at least six months immediately previous to the filing of this complaint. 4. The Plaintiff and the defendant were married on January 16, 1971, a~ Alleghany, New York. 5. There have been no prior actions of divorce or for annulment between the parties. 6. The marriage is irretrievably broken. 7. The Parties separated on August 30, 1993, and have continued to live separate and apart continuously since that date. B. The Plaintiff has been advised of the availability of counseling and that the Plaintiff may have the right to request that the court require the parties to participate in counseling. 9. Plaintiff requests the court to enter a decree n~ divorce. to, ~~ o. Old It tars supreme sechri t York Road PA 17319 Court 1.0. 815609 I verify that the statements made in this complaint are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. ~4904 relating to unsworn falsification to authorities. _ ~ DATE: r/;O/7T 1Jt,~~iI ~ ! Vir 1 II. ch IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA VIRGIL H. CHAMBERS CIVIL ACTION LAW VS. MARY L. CHAMBERS NO. 95-2979 civil Term ACTION IN DIVORCE AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under section 3301 (c) of the Divorce Code was filed on June 1, 1995. 2. The marriage of plaintiff and defendant is irretrievably broken and ninety days have elapsed from the date of filing of the Complaint. 3. I consent to the entry of a final decree of divorce. 4. I division of them before understand that I may lose property, lawyer's fees or a divorce is granted. rights concerning alimonr' expenses if I do not cIa m 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 . ss4904, relating to unsworn falsification to authorities. ., ~I 1/ 0' /0, I DATE: 10(' f 9J '1./1 11 c '{(~ '-ha../ - ::;-: .." c: .., .. ,,;>,' I:, ",I" '''' (....' , ~~.) " N '. lJ'> , -0 = .-~ ,.0 LT1 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA VIRGIL H. CHAMBERS CIVIL ACTION LAW VS. NO. 95-2979 civil Term MARY L. CHAMBERS ACTION IN DIVORCE AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under Section 3301 (cl of the Divorce Code was filed on June I, 1995. 2. The marriage of plaintiff and defendant is irretrievably broken and ninety days have elapsed from the date of filing of 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 if I do not claim them before a divorce is granted. I verify that the statements made in this affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. ss4904, relating to unsworn falsification to authorities. DATE: ilj!Jt!'.r h' ~ I 1 ~"-O--I.' . "" '- iLL J>~ Ic.~ ,lL- Mary L. ~hambers Nov \li j 29 PH '9li II; \;IJ..'; rf'l'" , ,jf ,Ic.' I (; I ~ ,.')i . ,', 1\ 'Y . . I;L:11 t I ,_ . ,~II' t JOG" O. BUCIIIl18T ATTORNEY AT LAW ae8 01-0 YORK ROAD nUll.. PA 17118 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTYr PENNSYLVANIA Virgil H. Chambers CI VI J, ACT ION - (,AW vs. NO. 95-29'/9 CIVIl. Mary L. Chambers ACTION IN DIVORCE AFFIDAVIT COMMONWEALTH OF PENNSYLVANIA S5: COUNTY OF YORK Personally appeared before me, the undersigned officer, a Notary Public in and for said County and Commonwealth, Joel O. Sechrist, Esquire, who being duly sworn according to law, doth depose and say that he caused a true and correct copy of the Complaint in the above cited case to be served upon the defendant, Mary L. ChamberEo, by personal service, her acknowlegment of service being attached hereto and incorp9rated herei~n. I j'7(L(O Z_ - L \ >-- '- . \j~ SWORN and SUBSCRIBED to before me, this31~r day of Oo-rt> 6~ , I'll".,;" ~~~ :J~J~ (-"- .- v Not.rlal ~ti81 Lindl J . MeOlnill. Notlry Publlo Falrv'ew Twp.. York County My Commlulon E.plrel Fib. 23. 1 ggg MoImar. Poml\i'Ma lion 0/ NowM . .- IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA VIRGIL H. CHAMBERS VS. Civil Action - Law No. MARY L. CHAMBERS Action in Divorce I, Mary L. Chambers, hereby acknOWledge that I received a true and correct copy of the Complaint in the above cited divorce action from Joel O. Sechrist, Esquire, on June 5, 1995. ," , ,1// 1 //L:....~4f,t.../