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HomeMy WebLinkAbout95-04627 4: Ul4: 4:> f.:!...3 4-1 +I ...3>< 4-1 C ~ I><Ul ..-4 III Z Z +I '0 - ZZ C C f.:! ~ Of.:! .... QJ U ~ ... :el>< III 4-1 0: ::> ~ :e .... QJ 0 0 0 -:J: -I>< C > < U><< ...3 .. In' H lj o<l ~ Z 8...3 ..J ...3 C IE :I: < ruz f.:! ..J ,., > Z iil ... 00 I :c f.:! o l:: ~ 0 U :c H .. ~ d 8UZ Ul U f.:! z jU) 0: z I"- 0: 0 Ul f.:! ~ N OCHf.:! . 0: \D OZ8U I>< ;. , U fi ~ ... U<UO: :e f.:! I ...3<0 ...3 C ~ '" III f.:!0: > f.:! f.:! B CI :Cf.:!...3H <: Z <( 81I1HC :c Z .... :l: ", :E> U < 0 ZOHZ H 0 Z HUUH :E .., .. .' .. , . ~ . acknowledged by each of the parties hereto, Husband and Wife, each intending to be legally bound hereby, covenant and agree as follows: 1. ADVICE OF CXXlNSEL. The provisions of this Agreement and their legal effect have been fully explained to the parties by their respective counsel, Dawn S. Sunday, Esquire, for Wife, and Max J. smith, Jr., Esquire, for Husband. Each party acknowledges that he or she has received independent legal advice from counsel of his or her selection, and that each fully understands the facts and has been fully informed as to her or his legal rights and obligations, and each party acknowledges that this Agreement is being entered into freely and voluntarily, after having received such advice and with such knowledge as each has sought from counsel, and that execution of this Agreement is not the result of any duress or undue influence, and that it is not the result of any improper or illegal agreement or agreements, 2. FULL AND FAIR DISCLOSURE OF ASSETS. The parties warrant that they have given a full, complete and accurate disclosure of all assets, of any nature, whether or not assets were held jointly or in one name alone. The remedies available to either party for breach or violation of this provision shall be those remedies available pursuant to law and equity including the right to punitive and compensatory damages. 3. PERSCNAL RIGn'S. Husband and Wife may and shall, at all times hereafter, live separate and apart. Each shall be free from all control, restraint, interference and authority, direct or indirect, by the other as fully as if he or she were single and unmarried. Neither party " " . will interfere with the use, ownership, enjoyment or disposition of any property now owned by or hereafter acquired by the other. 4. MUrUAL CONSENT DIVORCE. Husband initiated an action in the Cumberland County Court of Common Pleas at docket No. 95-4627. It is the intention of the parties that by this Agreement they have resolved all ancillary economic issues related to the divorce action. Immediately upon expiration of the ninety (90) day waiting period provided for by the no-fault provisions of the Divorce Code, the parties agree that each will execute an Affidavit of Consent to Divorce and deliver same to counsel for Husband who shall promptly submit the Affidavits to the Court along with a Praecipe to Transmit Record, and all other documents necessary to precipitate entry of a Divorce Decree by the end of the 1995 calendar year. 5. 6'JOITABLE DISl'RIBl1l'IOO. A. Household and personal property. Husband shall return the following items to Wife within ten (10) days of the execution date of this Agreement: (1) Four piece carpenter fly rod (2) One bamboo fly rod (3) Winston fly rod (4) Two reels which correspond to fly rods in (1) through (3) above Wife shall provide to Husband for use in Greta's room one antique oak roll top children's desk. At such time as Greta no longer uses the desk, Husband agrees to return it to Wife. . " Other than as set forth hereinabove, the parties hereto agree that the household personal property of the parties has been divided to their mutual satisfaction, The parties agree that they shall retain all personal property in their respective possessions with the exceptions listed above and waive all rights as to personal property in the possession of the other party as of the date of execution of this Agreement. B. Motor Vehicles. The parties agree that Wife shall become the sole and exclusive owner of the 1982 Buick Skylark, along with all rights under any insurance policy thereon, and the responsibility for payment of any outstanding indebtedness pertaining thereto and insurance thereon. The parties agree that Husband shall become the sole and exclusive owner of the 1995 Buick Park Ave. (which he currently leases), along with all rights under any insurance policy thereon, and the responsibility for payment of any outstanding inClebtedness pertaining thereto and insurance thereon. C. Real Estate. The parties own an improved property known as 121 W, Winding Hill Road, Upper Allen Township, Cumberland County, Pennsylvania, which they purchased on May 26, 1995 (hereinafter referred to as the "Property"). On the date of this Agreement, Husband shall transfer by Deed to Wife all of his right, title, claim and interest in and to the Property. Husband shall ensure that the Deed is prepared, executed and delivered to Wife on the .. I. I \. 1 Ii \ ~ execution date of this Agreement. Thereafter, Wife shall be the sole owner thereof and shall be permitted to record the Deed and to take any other action with respect to the Property that she deems appropriate. From the date of execution of this Agreement, Wife shall be solely responsible for all costs, expenses and liabilities associated with or attributed to the property and the improvements thereon, including but not limited to, taxes, insurance premiums, utilities, maintenance and repairs and she shall keep Husband and his successors, assigns, heirs, executors and administrators indemnified and held harmless from any liability, cost or expense which may be incurred in connection with such liabilities, Wife shall also be entitled to file for and receive all tax deductions associated with the residence in 1995 and thereafter,Husband shall execute all release forms necessary to effectuate this provision in a timely manner. In the event Wife fails to tender payment of any of the scheduled mortgage or real estate tax payments in a timely fashion, Husband shall be afforded the option of tendering any such payment directly to the lender and/or tax authorities, and shall further be permitted to deduct any such payments "dollar for dollar" from his monthly alimony obligation to Wife, which is detailed in numbered paragraph 8 herein. Further, should Husband become apprised of any mortgage or tax payment arrearages, he shall be permitted to satisfy any such arrearages ( The parties acknowledge they own the F. Life Insurance. following life insurance policies, and the designated parties shall receive such policies with their cash values: POLIC1 ~ VALUE WIFE/BUSBAND - JeffersOn pilot JP40l3922 $2200.00 Husband American Mutual 2333498 (Term) Wife Husband (Unknown) (Term) Husband G. Pension/Retirement Accounts. The parties acknowledge that they own the following pension/retirement accounts, and the designated party shall receive such accounts: RETl1W'l&'lT ACCXXJNr VALUE WIFE/BOSBAND IRA - Merrill Lynch $2925.00 Wife Husband .~ . None .\"J\""~ H. Credit Cards. Each party hereby agrees to return any and all joint credit cards or charge plates which he/she may have in his/her possession and the party who is the sole owner of any account agrees that any debts incurred on any such account after the date of separation shall be " " the sole and exclusive responsibility of the charging party, who shall save harmless the other party from any obligation or institution of suit. I. Debts. The parties acknowledge that they owe the following debts and the designated party shall assume sole responsibility for repayment of such debts as indicated below: .~ \1o\iA. MBNA credit Card GMAC credit Card Chase Credit Card AT&T credit Card AT&T Credit Card Core State Credit Card colonia Natl. Credit Card First American credit Card BALANCE RESPCNSIBILITY OF APPROX. WIFE/HUSBAND $2200.00 Wife 1900.00 Wife $36,000.00 Husband TOTAL CREDI'lm MBNA Charge Account PNC Bank Personal Loan '::>' IRS - 1993 Taxes $8057,00 Husband ., Except as provided above, the parties represent and warrant to each other that since separation they have not incurred any debts or made any contracts other than for necessaries for which the other or the other party's estate may be liable. The parties shall not contract or incur any debt or liability for which the other party's property or estate might be responsible and shall indemnify and save harmless the other party from any and all claims or demands made against the other party by reason of debts or obligations incurred by him or her. . I J, Stocks. Wife shall retain as her sole and separate property all AT&T, PECO, and IBM stocks held in her name upon the execution date of this Agreement. K. After-Acquired Property. Each of the parties shall hereafter own and enjoy independently of any claim or right of the other all items of property, be they real, personal or mixed, tangible or intangible, which are hereafter acquired by her or him with full power in her or him to dispose of the same as fully and effectively, in all respects and for all purposes, as though she or he were unmarried. L. Assumption of Encumbrances. Unless otherwise provided herein, each party hereby assumes the debts, encumbrances, taxes and liens on all the property each will hold subsequent to the date of this Agreement, and each party agrees to indemnify and hold harmless the other party and his or her property from any claim or liability that the other party will suffer or may be required to pay because of such debts, encumbrances or liens. M. Indemnification of Wife. If any claim, action or proceeding is hereafter initiated seeking to hold Wife liable for the debts or obligations assumed by Husband under this Agreement including but not limited to the 1993 taxes and interest owed to the IRS, Husband will, at his sole expense, defend Wife against any such claim, action or p.oceeding, whether or not well-founded, and .' .' .' .' indemnify her and her property against any damages or loss resulting therefrom, including, but not limited to, costs of court and actual attorney's fees incurred by Wife in connection therewith. N. Indemnification of Husband. If any claim, action or proceeding is hereafter initiated seeking to hold Husband liable for the debts or obligations assumed by Wife under this Agreement, Wife will, at her sole expense, defend Husband against any such claim, action or proceeding, whether or not well-founded, and indemnify him and his property against any damages or loss resulting therefrom, including, but not limited to, costs of court and actual attorney's fees incurred by Husband in connection therewith, o. Warranty as to Future Obligations. Husband and Wife each represent and warrant to the other that he or she will not at any time in the future incur or contract for any debt, charge or liability for which the other, the other's legal representatives, property or estate may be responsible. From the date of execution of this Agreement, each party shall use only those credit cards and accounts for which that party is individually liable and the parties agree to cooperate in closing any remaining accounts which provide for joint liability. Each party hereby agrees to indemnify, save and hold the other and his or her property harmless from any liability, loss, cost or expense whatsoever incurred in the event of breach hereof. 6. CllILD CUS'l'ClDY. With respect to the parties' daughter, Margaret (Greta) Schell, born February 9, 1988, the parties have executed a custody Consent Stipulation Agreement, dated which shall be entered as a court Order. A true and correct copy of the CUstody Consent Stipulation Agreement is incorporated herein and attached hereto as Exhibit A. 7. CIIILD SUPPORT. Husband agrees to pay to Wife for the use, benefit, support and maintenance of the parties' daughter, Greta, the amount of Five Hundred ($500.00) Dollars per month plus one-half of all child care costs and unreimbursed medical expenses incurred on the Child's behalf. Wife shall maintain medical insurance for Wife, Husband and the Child until the parties' Cobra insurance coverage expires on November 5, 1995, at which time Wife shall be responsible to maintain medical coverage for herself and the Child only. Husband or Wife may choose to have this child support payment made through the CUmberland County Domestic Relations Office. The parties understand that this Agreement shall not bar either party from adjusting the amount of support due hereunder, either by negotiation with the other party, or, if necessary, by resort to the Domestic Relations Office or Court of proper jurisdiction. In the event an order of support is entered by a Court of appropriate jurisdiction, which makes adequate provision for the support of the child, this Agreement shall not have any continuing independent effect, but shall be deemed to have merged into and hav~ been replaced entirely by, the obligation to pay support pursuant to the Court : " Order. Husband shall maintain a life insurance policy in the amount of at least Two Hundred Fifty Thousand ($250,000.00) Dollars with wife designated as beneficiary to the extent of any remaining alimony obligation payable to her. Otherwise, the parties child, Greta, shall be the designated benficiary'until she attains the age of 23. Husband shall be entitled to claim the Child as an exemption for income tax purposes for the 1995 tax year and Wife shall be entitled to claim the Child as an exemption thereafter as long as she retains primary custody of the Child. Wife agrees to sign the necessary IRS form/release within a reasonable period of time prior to Husband filing his 1995 Federal Income Tax Return and shall execute that portion of the form necessary to release her claim to exemption for that year in accordance with the terms of this paragraph. Husband agrees to pay One Hundred (100%) percent of the cost of Greta's college education to the extent not otherwise covered by loans, grants, scholarships or other forms of financial aid. Husband's obligation for college support shall not extend beyond the time Greta attains the age of 23. 8. SPOOSAL SUPl'ORT/Atm:NY. Husband agrees to pay the following amounts as spousal support for the period of time prior to entry of a Di vorce DeCree between the parties, and as alimony, after the entry of a Divorce Decree between the parties: A. On or before the fifth (5th) day of each month from October 1, 1995 through January 1, 1996 the monthly amount of Forty-five Hundred ($4500.00) Dollars: no " " .. " payments made by Husband prior to september 1, 1995 shall be applied to reduce the amount due under this provision. B. On or before the fifth (5th) day of each month from February 1, 1996 through February 1, 2000, the monthly amount of One Thousand Seven Hundred ($1700.00) Dollars: c. Husband's obligation to pay spousal support or alimony pursuant to this paragraph shall terminate immediately on February 5, 2000 or upon Wife's death, remarriage or wife's cohabitation with an unrelated male, whichever shall first occur, The parties agree and intend that this provision shall be non-modifiable. Except as provided above, the parties each hereby waive any request from the other party for alimony, spousal support, alimony pendente lite or costs. The parties understand that by waiving the right to any such payments at this time they are forever prohibited from requesting any such payments in the future. D. Due to the expected normal fluctuation in Husband's income throughout the year, arrearages in an amount up to but not to exceed a total of one (1) monthly payment which occur as a result of normal income fluctuations shall not be considered a breach of this provision. However, all such arrearages shall be paid in full by December 31 of the calendar year in which they were incurred. E. This Agreement has been negotiated on the assumption that the payments described in this paragraph shall be deductible by Husband and includable in the income of Wife. Therefore, it is the intention, understanding and agreement of the parties that the payments described in this paragraph to the extent permitted by law shall constitute "alimony" as that term is defined in section 71 of the Internal Revenue Code and that, accordingly, all such payments shall be includable in Wife's gross income and deductible by Husband for Federal Income Tax purposes pursuant to sections 71 and 215 of the Internal Revenue Code. Wife must report payments received under this Paragraph in her gross income for federal and, if applicable, for local and state income tax purposes. Wife shall be solely responsible for income taxes with respect to those payments. If Wife should fail to report these payments on her tax returns as required by this paragraph, Wife shall exonerate and indemnify Husband against and hold Husband harmless from any expenses and/or liability, including reasonable counsel and accountants' fees, arising from that failure. 9. wAIVER OF INHERITANCE RIGHTS. Unless otherwise specifically provided in this Agreement, effective upon the execution date, Husband and Wife each waive all rights of inheritance in the estate of the other, any right to elect to take against the Will or any trust of the other or in which the other has an interest, and each of the parties waives any additional rights which said party has or may have by reason of their marriage, except the rights saved or created by the terms of this .' Agreement, This waiver shall be construed generally and shall include, but not be limited to, a waiver of all rights provided under the laws of Pennsylvania, or any other jurisdiction, and shall include all rights under the Pennsylvania Divorce Code, 10. WAIVER OF BIlNEFICIARY DESI~Cfi. Unless otherwise specifically set forth in this Agreement, each party hereto specifically ~aives any and all beneficiary rights in and to any asset, benefit or like program carrying a beneficiary designation which belongs to the other party under the terms of this Agreement, including, but not limited to, pensions and retirement plans of any sort or nature, deferred compensation plans, life insurance policies, annuities, stock accounts, bank accounts, final pay checks or any other post-death distribution scheme, and each party expressly states that it is his and her intention to revoke by the terms of this Agreement any beneficiary designations naming the other which are in effect as of the date of execution of this Agreement. If and in the event the other party continues to be named as beneficiary and no alternate beneficiary is otherwise designated, the beneficiary shall be deemed to be the estate of the deceased party; Notwithstanding the foregoing, however, in the event that either party hereto specifically designates the other party as a beneficiary after the date of execution of this Agreement, then thia waiver provision shall not bar that party from qualifying as such beneficiary. 11. RELEASE OF CLAIMS. A. Wife and Husband acknowledge and agree that the property , dispositions provided for herein constitute an equitable .' " .' distribution of their assets and liabilities pursuant to ~3502 of the Divorce code, and Wife and Husband hereby waive any right to division of their property except as provided for in this Agreement. Furthermore, except as otherwise provided for in thia Agreement, each of the parties hereby specifically waives, releases, renounces and forever abandons any claim, right, title or interest whatsoever he or she may have in property transferred to the other party pursuant to this Agreement or identified in this Agreement as belonging to the other party, and each party agrees never to assert any claim to said property or proceeds in the future. However, neither party is released or discharged from any obligation under this Agreement or any instrument or document executed pursuant to this Agreement. Husband and wife shall hereafter own and enjoy independentlY of any claim or right of the other, all items of personal property, tangible or intangible, acquired by him or her from the date of execution of this Agreement with full power in him or her to dispose of the same fully and effectively for all purposes. B. Except as set forth in this Agreement, each party hereby absolutely and unconditionally releases and forever discharges the other and his or her heirs, executors, administrators, assigns, property and estate from any and all rights, claims, demands or obligations arising out of or by virtue of the marital relationship of the parties whether now existing or hereafter arising. The above release shall be effective regardless of whether such claims arise out of any former or future acts, contracts, engagements or liabilities of the other or by way of dower, curtesy, widow's or widower's rights, family exemption or similar allowance, or under the intestate laws or the right to take against the SpoUSCl'S will, or the right to treat a lifetime conveyance by the oth~r as testamentarY or all other rights of a surviving spouse to participate in a deceased spouse's estate, whether arising under the laws of pennsylvania, any state, commonwealth or territory of the United States, or any other country. C. Except for the obligations of the parties contained in this Agreement and such rights as are expressly reserved herein, each party gives to the other by the execution of thia Agreement an absolute and unconditional release and discharge from all causes of action, claims, rights or demands whatsoever in law or in equity, which either party ever had or now has against the other. 12. PRESERVATIOO OF REC.aID5. Each party will keep and preserve for a period of four (4) years from the date of their divorce decree all financial records relating to the marital estate, and each party will allow the other party access to those records in the event of tax audits. 13. TAXES. The parties agree that they will file separate future tax returns for all tax Obligations, and any tax obligation shall be the responsibility of the individual party. Wife and Husband warrant that they have heretofore paid all taxes on prior returns (with the exception of 1993 Federal Taxes and interest still due and owing) including the calendar year ending December 31, 1994; that they do not owe any interest or penalties thereon; and that no tax deficiency proceeding or audit is pending or notice thereof received, Husband shall give Wife notice of any deficiency assessment and Wife shall give Husband notice of any deficiency assessment of which they individually or collectively become aware. The parties agree that ahould it ultimately be determined that any deficiency and/or penalty exists with respect to any jointly filed returns, the party responsible for the erroneouS preparation and/or non-disclosure of information which has resulted in the deficiency and/or penalty, shall be solely responsible for the payment of the amount ultimately determined to be due, together with interest, as well as expenses that may be incurred to contest the asaessment. Should said sums become due as a result of individually filed returns, the party which filed said return shall be solely responsible for all sums due, and shall indemnify and hold harmless the other party for any payment thereon. 14. MOOIFlCATlOO. No modification, rescission, or amendment to this Agreement shall be effective unless in writing signed by each of the parties hereto. 15, sEVERABILITY. If any provision of this Agreement is held by a court of competent jurisdiction to be void, invalid or unenforceable, the remaining provisions hereof shall nevertheless survive and continue in full force and effect without being impaired or invalidated in any way. 16. BREACH. If either party hereto breaches any provision hereof, the other party shall have the right, at his or her election, to sue for damages for such breach, or seek such other remedies or relief as may be available to him or her. The non-breaching party shall be entitled to recover from the breaching party all costs, expenses and legal fees actually incurred in the enforcement of the rights of the non-breaching - . party. 17. WAIVER OF BREACH. The waiver by one party of any breach of this Agreement by the other party will not be deemed a waiver of any other breach of the same provision or of any other provision of this Agreement. 18. APPLICABLE LAW. All acts contemplated by this Agreement shall be construed and enforced under the laws of the commonwealth of Pennsylvania in effect as of the date of execution of this Agreement. 19. DATE OF EXJ'X:UTlOO. The "date of execution" or "execution date" of this Agreement shall be defined as the date upon which the parties signed the Agreement if they do so on the same date, or if not on the same date, then the date on which the Agreement was signed by the last party to execute this Agreement. This Agreement shall become effective and binding upon both parties on the execution date. 20. EFFECT OF RECX:fiCILIATlW, OOBABlTATIOO 00 DIVORCE. This Agreement shall remain in full force and effect and shall not be abrogated ~ ...:1' ~ I In is N c- ~Q 8~~ 0 - i~ "'- ::.:... <:... r::);:J 0 CO ~ rrl a: I i;r. (--;.0 HJ U 'UJ 'j!: .....1 (lu. c., .... ~ L'_ In :) 0 CTI U I I I ! j i f t L . ~ ~ l'- l 'j- ..... . ~ Ln ,..~ "\~ r{'\ en .. ,- r- ~ " ..t .I :r.: Ujt;:l~.t_ no- u;.r.<*';I' ~ ~ il: -::tt m ':;'0'"' :; '0 <:) N o>o-'x;r;a",l 'C ('...-7. ~4 , ~ ~ ~ @) N ',' "1\t) ~ . . ~ l',-;J:.,. Ole) ':;,;iJ1~ - ~ = ,. ":"n - - ,,.., I ~> ~ L' u,(.\ ~ => 0 ~ Ul< oC~ ~>< I><Ul Z ZZ Of.:! :EI>< :e o .~ U><< 8..J ruzl 00 o 8UZ Plcgf.:! OZ8U O.o:UPI U..J<O f.:!0:..J~ :Cf.:!HC 8\:!> ZOHZ HUUH '" '" ,.-4 +I C ,.-4 "' .... I>< . ..J ..J r>l :c U Ul , I>< ..J f.:! oC :c U H :e +I C III '0 C QJ 4-1 QJ C ~ I o :S lj o<l ~ ~ ~ :I: g ~ ~ l:: d z j ~ 0: f I :l: f.:! U PI o > H I::l Z H 8 Z H .0: ..J I>< :e o U . f::J ~ <( ..... , Ul ;. . ..J ..J f.:! :c U Ul , :E r>l Z ~ o .., .' " . ~ vs. . . . . . . . . IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 95-4(0',).7 Civil Term CIVIL ACTION - LAW IN DIVORCE MICHAEL p, SCHELL, Plaintiff JOANNE M, SCHELL, Defendant NOTICE TO DEFEND AND CLAIM RIGHTS YOU HAVE BEEN 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 the divorce is indignities or irretrievable breakdown of marriage, you must request mar- riage counseling. A list of marriage counselors is avail- able in the Office of the prothonotary at CUMBERLAND COUNTY COURTHOUSE CARLISLE, PENNSYLVANIA 17013 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, COURT ADMINISTRATOR CUMBERLAND COUNTY COURTHOUSE, 4th FLOOR 1 COURTHOUSE SQUARE CARLISLE, PENNSYLVANIA 17013 3387 (717) 24~~200 . ~frll'iQ{}ro) MAX J. SMITH,' JR., Esquire Attorney for Plaintiff P.O. Box 650 Hershey, PA 17033 (717) 533-3280 . , 6. Plaintiff and Defendant have both been advised of the availability of marital counseling and that each may have the right to request that the court require the parties to participate in counseling. 7. Plaintiff avers that there has been no prior action for divorce or annulment of the marriage filed by either party in this or any other jurisdiction. 8, Plaintiff avers that the marriage is irretrievably broken. WHEREFORE, Plaintiff prays your Honorable Court to enter a Decree of Divorce from the bonds of matrimony, COUNT II CUSTODY 9. paragraphs one (1) through eight (8) are incorpo- rated herein by reference. 10. Plaintiff believes that the best interests of the parties' minor child, Margaret M. Schell, will be served by confirming shared legal custody of the child between the parties, with Defendant being the primary physical custodi- an, sUbject to Plaintiff's liberal rights of partial custo- dy, 12. The child presently resides with Plaintiff at 121 W. Winding lIi11 Road, Mechanicsburg, PA 17055, ~ .~ " , ,,' '. t' . v. . . IN THE COURT OF COMMON pLEAS CUMBERLAND COUNTY, PENNSYLV~IA NO, 95-4627 CIVIL ACTION - LAW IN DIVORCE MICHAEL p, SCHELL. plaintiff JOANNE M. SCHELL. Defendant AFFIDAVIT OF CONSENT AND WAIVER OF COUNSEI~NG 1. A complaint in Divorce under section 3301 of the Divorce Code was filed on August 30, 1995. 2. The marriage of Plaintiff and Defendant is irre- trievablY broken, and ninety days have elapsed since the date of filing the complaint. 3. I consent to the entry of a Final Decree of Di- vorce. 4, I understand that if a claim for alimony, alimony pendente lite, marital property or counsel fees or expenses has not been filed with the court before the entry of a Final Decree in Divorce, the right to claim any of them will be lost. 5. I have been advised of the availability of mar- riage counseling and understand that I may request that the Court require that my spouse and I participate in counsel- ing. I further understand that the court maintains a list of marriage counselors in the prothonotary's office, which list is available to me upon request, Being so advised, I do not request that the court require that my spouse and I participate in counseling prior to a decree being handed down bY the court. >- C") r; 0; In t .. "-- (\J 8'~ ..~ .. --~ d if O:~., .C: f:) ;..~: r- b? .';.,.- t-J co ~'50 I fflW ~, 1'5& 1.,./ 1Y.l~ C:I ;~ ~ ..,., .;) en u '. . ...! . ~ In ~ II) ,,- Q N ::J 8~ ~'5 :c :? rs 0- ;:: G;)~ ~R co ":.~{l .w I ~il~' u l'lLo 1.1J rrJ u.. t::J r;:: ~ In .:::J .,.. U . . . .. . . .... ..,., ~ - ",-- ...t: ~ toi t-,: =?:.~ U;rO:;r. I7l ~O(-':t '" h..:T.:O"- O...~.r.-, .1 . c..tt;; ~ii:iit:r. ,~ 0,u~:,~ ;::iu. =- => c:I ~'::j lJ -- - JOANNE M. SCIlELL DR n24.49~ ('"",'1 rT' , PLAINTIFF I IN TilE COURT OF Cmll'lON I'L"BI\S OF n CUMBERLAND COUNTY, pENNSiL~~~IA .~!':'r1"j "," NO. 4627 CIVIL 19 :95 .:, ,DEFENDANT Al.IMONY ~;i~::i ,.~ ,'- L" <::)"JT1 =~ .... - The above named Plaintiff and Defendant hereby agree that the DefefflIant s~l pay the sum of $ 4500.00 per month ,effective 1-1-96 , alimony toward the support of hlq ...if". Joanne M. Schell. Due tu direct navmentH. 52500.00 remalnR lIu1ni fur .Tnltn:1ry, ]Q96. Effective 2-1-96. urdf'lJ' tu bn tU!t at S1700/trio. . Order to ter- mtllntA 1-11-'000 liT uoon ulCn'q doat'h. romnrrlasro or wlro'~ cnhllbltnt lUll with nn unrolated. which sum shall be paid through the Domestic Relations OfUce, l' ,0. Bex 320, Carlisle, pA 17013. The Defendant agrees to pay the pro-rated Service Fee of $ , payable IT IS FURTI1ER.ORDERED that the parties inform the Domestic Relations OfUce of any change of employment, or change of personal or employment address in writing or by personal appearance in the Domestic Relations Office within seven days of such change. Should a party wilfully fail to inform the Domestic Relations Office of the required information, the court may adjudge the party to be in contempt of court pursuant to Rule 1910,21, and may order the party to be punished by one or more of the following: jail, fine, or probation. If the defendant accumulates arraarages in an amount equal to at least one month's support obligation, the Domestic Relations Office shall immediately take steps as provided by law to attach the defendant's income, Dated: This 20th day of December , 19 95 , ~fJ?.t J ~&UtA,v - wItness /10 Signature!i1 *male, whichever occurR firRt. Agreement for Order of Allmony and Alimony Pendente Llte, v, MICHAEL P. SCHELL AGREEMENT FOR ORDER OF ALIMONY If;, ORDER OF COURT AND NOW, this 20th day of December , 19 95 , in consideration of the above Agreement, IT IS IlEREBY ORDERED AND DIRECTED that the De fend ant pay through the Domestic Relations Office, 1',0. Box 320, Carlisle, pA 17013, the sum of $ 4500.00 per month ,effective 1-1-96 , alimony for the support of hiR wife, Joanne M. SChell. Due to direct paymentR. $2500.00 remainH owinR for Janruarv. 1996. Err""t Ive '_l_Q';' nrd~"'''1t h" ql"t ."1t' ~17nn.Jmll. Orrin.. tu tnrmllltlto 1-31-2000 ur UDall wlfa'~ death, 1r The Defendant shall pay the pro-rated Service Fee of $ , payable IT IS FURTIlER ORDERED that the parties inform the Domestic Relations OfUce of any change of employment, or change of personal or employment address in writing or by personal appearance in the Domestic Relations OfUce ...ithin seven days of such change. Should a party wilfully fail to inform the Domeatic Relations Office of the required in- formation, .the court may adjudge the party to be in contempt of court pursuant to Rule 1910.21, arid may order the party to be punished by one or more of the following: jail, Une, or probation, If the defendunt accumulates arrearuges in an amount equal to at least one month's support obligution, the Domestic Relations Office shull immediately take steps os provided by law to attach the defendant's income, * I'emarrlage or wIfe I H cuhabit at ion wllh an unrelated male, whichever occurR firsl, BY TilE COURT I '~4J- J. DRO I Sally S. KroilZel' Cel Plaintiff (lito IlgJljcndanl Dawn Sunday, Esq. Max J, Smilh, Jr., %a ~ ~ I;:: .;,. :::1 of ~% - ()~ -- D"~" 0: ::!; ~~ G!::J @rQ N .~iJi )(~ , ffi~ u:~ -- ..,.,. ..:,: ~H~ f- -'J (... ~O "5 0 0' 0 . , In the Court of Common Pleas of CUMDERLAND Connty, Pennsylvania DOMESI'IC RELATIONS SECTION JOANNE SCHELL ) Or~er Number 4627 CV 95 Plaintiff ) vs. ) PACSES Case Number 220000027/!~6,649 ) l :..: MICllJ\EL SCHELL Oefell~alll ) Olher Slale 10 Number ORDER OF COURT o Final 0 Interim <Xl Modified AND NOW, 4TH DAY 01' JANUARY, 1999 ,based upon the Court's determination that the Payee's monthly net income is $ 0.00 and the Payor's monthly net income is $ 0.00 . it is hereby ordered that the Payor pay to the Domestic Relations Section, Court of Common Pleas. ONE THOUSAND AND DO/DO ~ L" ~;:J Dollars ($ 1,000,00 on arrears) payable for current support and $ 0.00 ) a month ($1,000.00 $1,000. as follows: $1,000. PER MONTH, ORDER IS BASED ON AGREEMENT. ORDER TO TERMINATE FEB. 28, 2002 WITH FINAL PAYMENT 01' $1900. The effective date of the order is 02/01/97 . Arrears set at $ 1,500.00 as of JANUARY 4, 1999 are due in full IMMEDIATELY. Contempt proceedings, credit bureau reporting and tax refund offset certification will not be initiated and judgement will not be entered. as long as payor pays on arrears on each payment date as specified above. Failure to make each payment on time and in full will cause all arrears to become subject to immediatc collection by all of the means listed above. . For thc Support of: JOANNE MONTHLY PAYMENT $ $ $ $ $ $ 1,000.00 0,00 0.00 0.00 0.00 0.00 Fnrlll OIJ.518 Wnrker ID 21103 Service Type M ~ SCHELL V, SCHELL PACSES Case Numher: 220000027 Said money to be turned over by the Domestic Relations Section to: JOANNE SCHELL . Payments must be made by . All checks and money orders must be MICHJ\EL SCHELL made payable to: DOMESTIC RELATIONS SECTION and mailed to: DOMESTIC RELATIONS OPPICE at: 1'.0, BOX 320. CARLISLE, PA. 17013 Each payment must bear your PACSES Member Number in order to be processed. Do not send cash by mail, Unreimbursed medical expenses are to be paid N/A % by defendant and N/A % by plaintiff. 0 Defendant 0 Plaintiff Gi)Neither party to provide medical insurance coverage, Within thirty (30) days after the entry of this order, the 0 Plaintiff o Defendant shall submit to the person having custody of the child(ren) written proof that medical insurance coverage has been obtained or that application for coverage has been made. Proof of coverage shall consist, at a minimum. of: 1) the name of the health care coverage ,provider(s); 2) any applicable identification numbers; 3) any cards evidencing coverage; 4) the address to which claims should be made; S) a description of any restrictions on usage, such as prior approval for hospital admissions, and the manner of obtaining approval; 6) a copy of the benefit booklet or coverage contract; 7) a description of all deductibles and co-payments; and 8) five copies of any claim forms. IMPORTANT LEGAL NOTICE PARTIES MUST WITHIN SEVEN DAYS INFORM THE DOMESTIC RELATIONS SECTION AND THE OTHER PARTIES, IN WRITING, OF ANY MATERIAL CHANGE IN CIRCUMSTANCES RELEVANT TO THE LEVEL OF SUPPORT OR THE ADMINISTRATION OF THE SUPPORT ORDER, INCLUDING, BUT NOT LIMITED TO, LOSS OR CHANGE OF INCOME OR EMPLOYMENT AND CHANGE OF PERSONAL ADDRESS OR CHANGE OF ADDRESS OF ANY CHILD RECEIVING SUPPORT. A PARTY W1/0 IVIU.FUUY FAILS TO REPORT A MATERIAL CHANGE IN CIRCUMSTANCES MAl' BE ADJUDGED IN CONTEMPT OF COURT, AND MAl' BE FINED OR IMPRISONED. Page 2 uf3 FUlln OE-SIS Wurker ID 21103 Service Type M \ I i::= ,... ." c: I I.':": II I ~:~ .. " t': ..:7 rf;!..' ..... J. ~:.: .' C..I 'T'I ~{. r. tri' I {j't, :-. r~- .' II, (1) C; ..' ,-,', oJ ~ "I .,' C ,: u:l:; N , , ! :t.: ( ll, r. ~ .. '1 r'J . " I, :J I 1.1 r. <)\ LAW O,rICl. ' SNCLUAKER. UnENNEMAN a SPARE MICHAEL P. SCHELL, plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 4~7 CIVIL 1995 v, JOANNE M. SCHELL, Defendant IN DIVORCE ORDER AND NOW, this ~ 2,f day of ~ Vl u 'Ul Motion For Order by stipulation of -..- , 1999 ; upon consideration of the . i.__ l'i?arties, the First Addendum to Marital Settlement Agreement ( ,";j .~ated December 1, 1998 is hereby incorporated, but not merged 'Linto the Decree in Divorce dated December 22, 1995 issued by this Court, BY THE COURT: J. LAW O"ICU SNELDAKER. BRCUNEMAN III SPARE modified and amended as follows: a. The amount of alimony payable by Husband to wife shall be reduced from seventeen hundred dollars ($1,700.00) per month to one thousand dollars ($1,000,00) per month effective February 1, 1997; b, Husband'S obligation to pay alimony pursuant to this paragraph shall terminate on February 28, with the final payment due in February, 2002 in the amount of one thousand nine hundred dollars ($1,900,00); c, In addition to the alimony payments set forth hereinabove, an additional amount of fifty dollars ($50.00) per month shall be paid by Husband to wife to be applied toward arrearages; d. The Parties hereto agree that Husband's alimony arrearage for 1996 is seven hundred dollars ($700.00), based upon the understanding that the Trustee in Husband's bankruptcy is paying off the amount of four thousand three hundred dollars ($4,300.00) in alimony arrearage for 1996; e. The terms set forth herein are not subject to mOdification, rescission or amendment unless same is in writing and signed by each party hereto. Husband's obligation to pay alimony shall terminate immediately on February 28, 2002 or upon Wife's death, remarriage or Wife's cohabitation with an unrelated male, whichever shall first occur. In no event shall the collection of alimony arrear ages be affected by the termination date of Husband's obligation to pay alimony; -2- BXUIDJ'l' 1\ LAW O"ICU SNELDAKER. BRENNEMAN ll< SPAA' f, The provisions of this Addendum and their legal effect have been fully explained to the parties by their respective counsel, Philip H. Spare, Esquire for Wife and Max J. smith, Jr" Esquire for Husband, Each party acknowledges that he or she has received independent legal advice from counsel of his or her selection, and that each fully understands the facts and has been fully informed as to his or her legal rights and obligations, and each party acknowledges that this Addendum is being entered into freely and voluntarily, after having received such advice and with such knowledge as each has sought from counsel, and that the execution of this Addendum is not the result of any duress or undue influence, and that it is not the result of any improper or illegal agreement or agreements. g. The parties hereto fully intend to submit this Addendum to the Court of Common Pleas of Cumberland county by stipulation of the parties to modify the Alimony Order currently in effect. IN WITNESS WHEREOF, the parties hereto have set their hands and seals on the dates of their acknowledgements, WITNESS: t~r /I(.~ ~~A".~k' ~ ~Mlchael P. Schell (SEAL) -3- BXIIIUI'l' A ~- Cl ~ .,' .' CII'".. ~_: ,n, 0' ::"),"'" Id- . f '\- :~Z -,', , k ., . ,.~ .~- .:r' I ..'~ (:1? ,J:,": (- , ,., .' ..... L::' .I'l.t) , ):~ -,j ; ;"iitJ -" :::; '.~~U- I.. ,;:. '1' e..) :.5 t:'J U