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HomeMy WebLinkAbout95-04381 1 V) "1 7 .~ Q) VJ E: l.- ~ J - -,.- - .~~~~~~~~--~~**~*~*~*')"~"~~~~~~~~~ ~ -'---~-'I ~ ,~ ,~,*.*~~*****.~~.,*..*.*~.***~. ?- ~ .;, " IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY STATE OF '* PENNA. w '.' 8 .;, " .;, " 8 8 ...:rOH~. S.B.NIER, Plaintiff >I il N (), ..!J,~.::~.~"L c.JY.~.~.... II) ~ w ", , ., ,', ~, Vel':HI$ ~ '.' 'I JOANNE N. BEHlER, i i ;1 ~ . Defendant ~ '.' .' S ~ DECREE IN DIVORCE * ~J ~ -. ~ <:> AND NOW, . .. N.~t;J,e.~ ~c:.f.. Z. jl,.,. ..... 19. ?:i. ... it is ordered and decreed that . .~C?~, .f!~~~~.~.. . . .. . . . . . . . . . . . . . . . . . . . . . . .. . .. .. plaintiff, and . if~~~. .~~. ~.~~~~~.. .... ...... ... . .. ........ .. ...... ... defendant, are divorced from the bonds of matrimony. ~ ,,~ ~ w '.' $ ~ The court retains jurisdiction of the following claims which have been raised of record in this action for which a final order has not yet been entered; ~ ~ ", ~ ... .'/.'lt~ .t:I;t~.i.tal. .Sett.1.elllen.t. .Agr.eement .da.ted. August.. .23.. .1995. .is.. ~.~r<<;'!~r. . ~~~~r:~orat:ed. ,i~t~. .tJ:t~~. .I?e~~.~~. ~.n. .J;I~Y.~J;'t;:~... . . . . . . . . . . .. . . . . ~ ~ ?- By The !l7~{{ o~1 Allesl: . 14'-r:c.. C. ;~, /."~..6It.~ J. t'i K. ~..dy c '):i4 7'/'ProthD"Dtary W !="~ w ". -~ ~ ~ 6 ~l ~! ~..::' .;.:: .:0:. . s w. " 8 ~ 8 ~ ~ S 8 8 $ 8 8 $ ~ ~~ ~ 8 8 8 S ~ ~ ,,~ ~ .'~ ~ 8 .;, " i '.' .;, " .~ 3 w v ~ $ ~ I::. I~ " '~ (".' I. -'lI! I' I.', 1$ ; MARRIAGE SETTLEMENT AGREEMENT THIS AGREEMENT made this .2!.~ay of ,~u~r , 1995, by and between John Senier, (hereinafter referred to as "Husband") and Joanne N. Senier, (hereinafter referred to as "Wife"). WITNESSETH: WHEREAS, the Husband and Wife were lawfully married for the second time on June 6, 1988; and WHEREAS, differences have arisen between Husband and Wife in consequence of which they intend to live apart from each other; and WHEREAS, there are two ( 2 ) adult children born of this marriage, and WHEREAS, Husband and Wife desire to settle and determine their rights and obligations; 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. 3. DIVISION OF PERSONAL PROPERTY The parties have agreed to divide 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 common. 4. AUorOMOBILES The Wife shall have all rights, title and financial obligation for the 1992 Chrysler LeBaron. The Husband shall have all rights, title and financial obligation for the 1986 Dodge Caravan and the 1988 Coleman Camper along with the camping equipment. Each party shall be fully responsible and liable for any and all maintenance, insurance or other costs associated with the ownership of their respective vehicles. Each party agrees to indemnity and hold harmless the other for any liability arising from the vehicle in their possession. 5. DIVISION OF REAL PROPERory The parties agree that Wife shall become the sole owner of the marital home located at 4602 Chestnut Avenue, Camp Hill, pa and remain the sole owner of the property located at 1620 Penn Street, Harrisburg, pa and 111-113 Hummel Avenue, Lemoyne, Pa. It is also agreed that Husband shall remain sole owner of the property located at 1618 Penn Street, Harrisburg, Pa and 160 Lucknow Road, Harrisburg, Pa. Each party shall be solely liable and hold the other harmless for any mortgage or other liability related to their respective properties. 6. FINANCIAL ACCOUNTS The parties agree that Wife shall have sole ownership of her Annuity currently worth $3,800.00 and her Employer Savings Plan currently worth $13,400.00. Husband shall have sole ownership of his Annuity currently worth $35,700.00 and his Retirement account currently worth $14,500.00. Each party relinquishes any and all rights he/she may have in the other's employer's retirement accounts. 7. MARITAL DEBTS Wife agrees to be responsible for and hold Husband harmless for the PSECU Equity loan and the Penn Nat'l Bank Equity loan which are related to the marital residence at 4602 Chestnut Avenue, Camp Hill. All other marital debts have been satisfied. Any unknown debts that may arise will be the responsibility of the party who incurred them and the responsible party agrees to hold the other harmless. 8. CUSTODY All of the parties children are over the age of 18 and have the right to make independent decisions regarding their life. 9. FILING OF TAX RETURNS Husband and Wife agree to file separate income tax returns in 1995 and all future years. 10. DIVORCE The parties agree to cooperate with each other in obtaining a final divorce of the marriage. It is agreed that upon the expiration of the 90 day waiting period each party shall execute and allow to be filed the necessary consents to obtain the divorce. 11. INCORPORA~ION This agreement is to be incorporated into any subsequent Decree in Divorce. Therefore, pursuant to 23 pa.C.S. Section 3105, this Agreement may be enforced as an order of the court. 12. CON~INUED COOPERA~ION The parties agree that they will within fifteen days, upon the request of the other, execute any and all written instruments assignments, releases, deeds or notes or other such writings as may be necessary or desirable for the proper effectuation of this agreement. 13. 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 enforcing their rights under this agreement or for seeking such other remedies or relief as may be available to him or her. 14. VOLUN~ARY 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. 15. WAIVER OF CLAIMS AGAINS~ ESTA~ES 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, dower, curtesy, statutory allowance, widows allowance, right to take in intestacy, right to take against the will of the other and the right to act as administrator or executor of the other's estate. 16. BINDING AFFECT This agreement shall be binding upon the parties' heirs, successors and assigns. 17. MODIFICATION AND WAIVER Any modification or waiver of any of the provisions of this agreement shall be effective only if made in writing and executed with the same formalities 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. 18. PRIOR AGREEMENTS It is understood and agreed that any and all prior agreements which may have been made or executed or verbally discussed prior to the date and time of this agreement are null and void and of no affect. 19. ENTIRE AGREEMENT This agreement contains the entire understanding of the parties and there are no representations, warranties, covenants or undertakings other than those expressly set forth herein. 20. DESCRIPTIVE HEADINGS The descriptive headings used herein are for convenience only. They shall not have any binding affect whatsoever in determining the rights or obligations of the parties. 21. APPLICABLE LAW This agreement shall be construed under the laws of the Commonwealth of Pennsylvania. IN WITNESS WHEREOF, the parties c, ~~~,' >J'/JJ/?j- ~ I Date - ~'l",~,' 5'-023-9< ~ Date set their hands and seals. fq/~ ~ John Senier ./ I..~"L-'u. 7/. ~7IAJ.~~ , Joanne N. Senier PLAIIITIFF IN THB COURT OF COMMOR PLEAS CUMBERLIUID COUNTY, PEOSrLVARIA JOHR SERIER, v. : : : : : : : NO. 95-4381 IN DIVORCE CIVIL TERM JOABHE N. SERIER, DEPENDANT PRAECIPE TO TRANSMIT RECORD To the Prothonotary: Please transmit the record, together with the following information, to the Court for the entry of a divorce decree: 1. Ground for divorce: irretrievable breakdown under Section 3301(c) of the Divorce Code. 2. Date and manner of service of the complaint: August 16, 1995, by certified U.S. Mail on the Defendant 3. Date of execution of the affidavit of consent required by Section 3301(c) of the Divorce Code: by plaintiff November 16, 1995; by defendant November 16, 1995. 4. Related claims pending: None 5. Date and manner of service of the notice of intention to file praecipe to transmit record, a copy of which notice is attached: N/A . ~D.~ Thomas D. Gould Attorney for Plaintiff " t JOIDI SEIIIER, : III THE COURT 0.. COMMOII PLBAS PLAINTI.... . CUMBERLAND COUNTY, PENIISYLVAlfIA . . qs- ;L--- . v. . 110. ...,. 381 CIVIL i:1I1J1 . . . JOAIIIIE II. SENIER, . IN DIVORCE . DE..ENDAlfT . . IIOTICE TO DEFEND AlfD CLAIM RIGHTS YOU HAVE BEEII SUED IN COURT. If you wish to defend against the claims set forth in the following pages, you must take prompt action. You are warned that if you fail to do so, the case may proceed without you and a decree of divorce or annulment may be entered against you by the Court. A judgment may also be entered against you for any other claim or relief requested in these papers by the Plaintiff. You may lose money or property or other rights important to you, including custody or visitation of your children. When the ground for is indignities or irretrievable breakdown of the marriage, you may request marriage counseling. A list of marriage counselors is available in the Court Administrator's Office, Fourth floor, Cumberland County Courthouse, Hanover and High Streets, Carlisle, Pennsylvania. IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY, LAWYER'S FEES OR EXPENSES BEFORE A DIVORCE OR ANNULMENT IS GRANTED, YOU MAY LOSE THE RIGHT TO CLAIM ANY OF THEM. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Court Administrator Cumberland County Courthouse Fourth Floor Hanover and High Streets Carlisle, PA 17013 (717) 697-0371 JOB BIHIIR, PLAINTIFF I I I I I I I IH TIll COURT OF COIOlOH PLIAS CUMBIRLAHD COUHTY, PIRRBYLVARIA C;s- 'I ~8'1 -r~ HO. CIVIL ~ IH DIVORCI v. JOAHRB H. BIHIIR, DlrEHDART COMPLAIHT UNDER SECTIOH 3301(0) OR 3301(4) OF THE DIVORCE CODE IH DIVORCE 1. The plaintiff is John Senier, who resides at 4602 Chestnut Avenue, Camp Hill, Cumberland County, Pennsylvania, 17011. 2. The Defendant is Joanne N. Senier, who resides at 4602 Chestnut Avenue, Camp Hill, Cumberland County, pennsylvania, 17011. 3. The plaintiff and Defendant have been bona fide" residents of the Commonwealth of Pennsylvania for at least six months immediately prior to the filing of this Complaint. 4. The Plaintiff and Defendant were married on June 6, 1988 in Dauphin County, Pennsylvania. 5. The parties were previously married on June 6, 1971 in philadelphia, Pennsylvania and were divorced on February 16, 1988 in Cumberland County, Pennsylvania. There have been no other actions of divorce or annulment between the parties in this or any other jurisdiction. 6. The marriage is irretrievably broken. 7. The Defendant is not a member of the Armed Services of the United States or any of its Allies. JOB SUIBR, I IR TIll: COUR~ 0.. COMMOR PLBAS PLAIRTI.... I CUMBBRLARD COUR~!, PBRRSYLVARIA . . v. . RO. 95-4381 CIVIL ~BRM . I JOJUOIB R. SBRIBR, I IR DIVORCB DB..BRDJUIT . . AF"IDAVIT 0.. CORSBNT 1. A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed on August 16, 1995. 2. The marriage of plaintiff and Defendant is irretrievably broken and ninety (90) days have elapsed from the date of the 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 subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. DATED: ,I;.. /. _ /1/ .:. .. 7'\ / /'r:/, ./ . :"1-,- /,;;,..-: JOhD SeDler j' / t.r> <..n :.- .c~ .t :.. .'....."f L-" ;..;"_, O;,'U,.. E.; .~~:' c:u, :I':..;.! ,. ....1 ....0: I~" (:';. "!r \,.., 'l.,.:.r "0-1:"0 ,: i"a... -" "~.. :x: -.,. en -< .=2 -- '=> . JOIDI SIRIER, 1M THB COURT or COMMOM PLBAS CUMBERLAND COURTY,PEKNSYLVARIA I I I I I I I CIVIL TERM PLAIIITUr JOARRE M. SEMlER, DErEMDAn' MO. 95-4381 1M DIVORCE v. CERTIFICATE OF SERVICE I, Thomas D. Gould, attorney for Plaintiff, in the above captioned action for divorce, hereby certify that a conformed and certified copy of the Complaint in Divorce was served upon the Defendant by Certified Mail No. Z 435 660 513, restricted delivery, return receipt requested, by depositing the same in the United States mail on August 16, 1995, pursuant to Rule 1920.4 of the Amendments to the Pennsylvania Rules of Civil Procedure relating to the Divorce Code. As indicated by the green return receipt card attached hereto, the Complaint was received by the Defendant on August 18, 1995. ~'D.~ Thomas D. Gould ID # 36508 Attorney At Law 2 East Main Street Shiremanstown, PA 17011 (717) 731-1461 " IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW . . . - . . -..joM ~ll!r . . Plaintiff : . File No. 'f'S' - 1/.391 . . . vs. : IN DIVORCE : ;fOa.nll/!. N. 5an, er . . Defendant . . NOTICE TO RESUME PRIOR SURNAME Notice is hereby given that the Plaintiff/Defendant in the above matter, having been granted a Final Decree in Divorce on the <<OJ. day of ,\}ooJeWlIMr . 19 'is , hereby elects to resume the prior surname of . NIc.kol501\o ' and gives this written notice pursuant to the provisions of 54 P.S. 5 704. DATE: 1:1./';~9? ~ 7l.~:V Signature , ~-.~,,~c,.,v S!gnature of name being resumed COMMONWEALTH OF PENNSYLVANIA: : ss. COUNTY OF CUMBERLAND . . On the /4- day of t:ke- . 19~. before me, a Notary Public. personally appeared the above affiant known to me to be the person whose name is subscribed to the within document and acknowledged that he/she executed the foregoing for the purpose therein contained. In Witness Whereof. I have hereunto set my hand and official seal. ~ Notar Public NOTARIAl. WI. mtlRll[ll Of DUOS ._1. CUMBEIIlAHD CllUNTt CIllUllf HDUSE MY COMMISSION EXPIRES JANUARY 1.2002 iilcOMii:~~;~iii:~i;;'.lluild4n I. WlaIl' Cfl;\cllll WIll) CONIJl COI1lU IIOillf IICcn~"nlf1l NI~ 1I0',"'ff ttVr 6: ~. ~ a:l ~ ~ :<i: CO': ~ b a.. :'.'i~ ~:::: ()z ~ p'-n :?:: ',)" fl3~: '0:: ;)~ 8 ~C' K. -'l' :"19 ,.'l- it celL' U ffi~ ~ ~ w nL. Q ~ u, CO 0 0'