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HomeMy WebLinkAbout95-04704 .,...._..'''..."....._..._...._..._,'J_.._' _...~.. .~.' .~. ,_ .~. ._ ~...,_ '~......_.,._'"~....~v,..,:..._....:...~'~~ ~...,___. ..~, .,... ,"__, ....... ..... ..._' ......... of_., __-.... ....... ....... ...... ..... ......, ...... .,..... '.~' ....... ......_........,...........................__...-....,...-.v,,~.-..--.. ij - . ~ ~ g s e IN THE COURT OF COMMON PLEAS 8 ~ OF CUMBERLAND COUNTY , ~ e ~ e e ~ g ~ STATE OF ~~~~ PENNA. ~ ~ s 8 HOLLY L. HARRO $ ~ '..........'..'.....'........;;.'.. .,'...... ................... I N o. .......,:~~~?~,~ ....,............ 1995 ~ ~ ....,.........,..............,... ..........,.',...................... I ~ ~ Vrt'SlIS Ii ~ ~ ::::'........'....::::..:~:E.AN~:HA~R9...,:......,.......... II ; ~ ~ "'..: " ~ : DECREE IN ~,~.' : DIVORCE ~ ~ AND NOW, ... )':J.~ ~.("",,..,,' 19Q1... it Is ordered and ~ ~ HOLLY L. HARRO ~ e decreed that ........."........'"............................, plaintiff, ~ ~ and..... .. .. .. .... ... R~{\N A..I:!{\,F!I;lR..... , ..... . . .. . . . ... ,., defendant, w.' to: ~< ~ are divorced from the bonds of matrimony. ~ ~ The court retains lurlsdlctlon of the following claims which have ~ ~ been raised of record In this action for which a final order has not yet ~ ?- been entered; NONE. The attached agreement between the ~ ~ parties dated June 10, 1997 Is Incorporated but not ~ , ' . . . . . . . . . . . . . . . . . . , . . . , merged'lnto.this 'divorce'decree: . . . . . , . , . . . . . . . , . . . . . , ., $ / ~ u .................. .., ....... ....,.... '/ ,./".... .............. ".' ~ / t ~ ny ~~;~(~ ~ : ^lte~i~.}~/l<:t.i. c'~;'; /-~;;i.:~./ ~ ~ . "~~~i.,, K. ~&.. '~%'I;~"otary .. ~ ~ ~ ~ ~..0'....;,-~ 0>>:' ~ .Ii -..:. -..:. .:.:. .:.:.-~:.::::.;.~;;-{;::-.:;::~+:.-::.::{"::':;:,~;;:";:.::{.:~.:;- ':+::~:.:.--.:+::-":.;' PROPERTY AND MARRIAGE SETTLEMENT AGREEMENT /' THIS AGREEMENT, MADE THIS THE ~ DAY OF JUNE, 1997, BY AND BETWEEN: HOLLY L. HARRO of Enola, Cumberland County, Pennsylvania, hereinafter called the "WIFE", AND DEAN A. HARRO, of Mechanlcsburg, Cumberland County, Pennsylvania, hereinafter called the "HUSBAND" WIT N E S S e T H: WHEREAS, HUSBAND and WIFE, were lawfully married on the 22nd day of August 1986, In Camp Hili, Pennsylvania; and WHEREAS, HUSBAND and WIFE, have one minor or dependent child, JESSICA LYNN HARRO (dob 10/28/87), and WHEREAS, diverse, unhappy differences, disputes and difficulties have arisen between HUSBAND and WIFE In consequence of which they are living separate and apart from each other; and the parties hereto are desirous of settling fully and finally the respective financial and property rights and obligations as between each other; Including, without limitation all matters between them relating to the owner- ship and equitable distribution of real and personal property; settling of all matters between them relating to the past, present and future support, alimony a maintenance of WIFE by HUSBAND or of HUSBAND by WIFE; and all claims and possible claims by one against the other or against their respective estates,and WHEREAS, HUSBAND and WIFE have made full disclosure of their assets to each other; and NOW, THEREFORE, In consideration of the promises and of the mutual promises, covenants and undertakings hereinafter set forth and for other good and valuable consideration, or receipt of which Is hereby acknowledged by each of the parties hereto, HUSBAND and WIFE, each Intending to be legally bound hereby covenant and agree as follows: BRST- SEPAR~TION - HUSBAND AND WIFE shall at all times hereafter have the right to live separate and apart from the other party at such place or places as he or she may from tlme.to-tlme choose or deem fit, free from control restraint, or Interference whatsoever by the other party. Neither party shall molest the other or endeavor to compel the other to cohabit or dwell with him or her by any legal or other proceedings. The foregoing provisions shall not be taken to be an admission on the part of either HUSBAND or WIFE of the lawfulness or unlawfulness of the causes leading to their living apart. SECON.,O - INTEiflFERENCE. Each party shall be free from Interference, authority and contact by the other, as fully as if he or she were single or unmarried, except as may be necessary to carry out the provisions of this Agreement. Neither party shall molest the other or attempt to endeavor to molest the other, nor compel the other to cohabltate with the other, or In any way Interfere with peaceful existence, separate and apart from the other. 1I1.IRD - WIEF'S DEBT~ - WIFE represents and warrants to HUSBAND that since the separation she has not, and In the future she will not, contract or Incur any debt or liability for which HUSBAND OR HIS ESTATE MIGHT BE RESPONSIBLE. WIFE AGREES TO INDEMNIFY AND HOLD HARMLESS HUSBAND from any and all claims or demands made against him by reason of debts and Obligations Incurred by the WIFE prior to the date of the delivery of this Agreement. All further debts Incurred by the WIFE, from and after the date of the execution of this Agreement, shall be the WIFE's Individual responsibility. FOU~1H - HUSBAND'S DEBTS - HUSBAND represents and warrants to WIFE that since the separation he has not, and In the future he will not, contract or Incur any debt or liability for which WIFE OR HER ESTATE MIGHT BE RESPONSIBLE. HUSBAND AGREES TO INDEMNIFY AND HOLD HARMLESS WIFE from any and all claims or demands made against her by reason of debts and obligations Incurred by the HUSBAND prior to the date of the delivery of this Agreement. All further debts Incurred by the HUSBAND, from and after the date of the execution of this Agreement, shall be the HUSBAND's Individual responsibility. FIF:Jti. SUB~EQUENT DIVORCE . The parties hereby acknowledge that the WIFE has flied a Complaint In Divorce In Cumberland County (Docket #95.4704 Civil Term 1995) claiming that the marriage Is Irretrievably broken under the No-Fault Mutual Consent Provision of 3301 (c) of the Pennsylvania Divorce Code of 1980 and subsequent changes, Both parties agree that the marriage Is Irretrievably broken and express their Intent to execute any and all Affidavits or other documents necessary for the parties to obtain an absolute divorce pursuant to Section 3301 (c) of the Divorce Code. The parties hereby waive all rights to request the court to order counseling under the Divorce Code. It Is further and specifically understood and agreed by the parties that the provisions of this Agreement as to equitable distribution of property of the parties are accepted by each party as a final settlement for all purposes whatsoever, as contemplated by the Pennsylvania Divorce Code. ~IXTtt. DIVISIQN Or: PEflSONAL PROPER1Y - The parties hereto agree that they have divided between them, to their mutual satisfaction, the personal effects and household furniture and furnishings, and all other articles of personal property, which have heretofore been used by them in common exceot. HUSBAND agrees to sign over his Interest In the jointly owned 1990 Pontiac Grand Am, contemporaneously with the execution of this agreement. SI;YE;NTH: ctuLD SUPPORT: A.. WIFE acknowledges HUSBAND Is currently paying $45.00 per week In child support through (Cumberland County Domestic Relations). HUSBAND Is also paying $15.00 a week In spousal support. Both parties acknowledge the spousal support shall terminate upon the decree In divorce being granted. B. Wife has primary physical custody of JESSICA LYNN HARRO and HUSBAND has liberal visitation rights. The parties acknowledge that the HUSBAND has enjoyed visitation rights every other week end for eighteen months and the parties pledge to continue said schedule. C. Parties agree to joint legal custody, which Is defined as both parties being entitled to Information concerning their daughter's medical records. school records and religious preference. Both parties agree to consult with the other before decisions are made concerning medical treatment, educational placement and religious training EIGHTH. JOI~TLV OWNED REAL ESTATE- The parties own no real estate. NlNTI:t- PENSIONS. ANNUITIES and/or RETIREMENT BENEFITS - HUSBAND agrees that any monies which WIFE has acquired through her own Interests In either pensions, annuities, andlor retirement benefits, Including but not limited to, IRA's, 401 (k)'s and mutual funds, through her present or past employers shall remain her sole and exclusive property. HUSBAND agrees to waive any Interests he may have In such property and further agrees that he will not assert any such claim In the future. WIFE agrees that any monies which HUSBAND has acquired through his own Interests In either pensions, annuities, andlor retirement benefits Including but not limited to, IRA's, 401 (k)'s and mutual funds, through her present or past employers shall remain his sole and exclusive property. WIFE agrees to waive any Interests she may have In such property and further agrees that she will not assert any such claim In the future. TE~TH: MeDICAL IN~URANCElCOV!;RAGE - Each party shall be responsible for hls/ller own health Insurance protection currently provided by their respective employers. Both parties agree to be responsible for ensuring their daughter shall have medical coverage and pledge to coordinate such coverage so as to minimize Individual costs to each other. HUSBAND acknowledges he currently has " primary coverage for their child. gLEVENTH: INCORPORATION IN DIVORCE DECREE - Itls further agreed, covenanted and stipulated that this Agreement shall be Incorporated In any decree hereinafter entered by any court of competent Jurisdiction in any divorce proceedings that have been or may be Instituted by the parties for the purpose of enforcing the contractual obligations of the parties. This Agreement shall not be merged in any such decree but shall In all respects survive the same and be forever binding and enforceable upon the parties. JWELFTH: ALIMONY. ALIMONY PE~DENTE LITE. COU~SEL FEES. AND EXPENSes - Both parties accept the provisions of this Agreement In lieu of and In full and final settlement and satisfaction of all claims and demands that they may now or hereafter have against the other, If any, for alimony, alimony pendente lite, counsel fees, or expenses, or for spousal support before, during and after the commencement of any proceedings for the divorce between the parties, THIRTEENTH: ADVICE OF COUNSEL - The provisions of this Agreement and its legal effect has been fully explained to the WIFE by her attorney, DONALD B. OWEN, Esq., and to HUSBAND, who has chosen not to be formally represented by counsel. HUSBAND and WIFE acknowledge that this Agreement Is not the result of any duress or undue Influence and that It Is not the result of any collusion or Improper or Illegal agreement or agreements, The parties further acknowledge that they have each made to the other a full accounting of their respective assets, estate, liabilities, and sources of Income and that they waive any specific enumeration thereof for the purpose of this Agreement. Each party hereto agrees that he/she wll\ not at any time raise as a defense or otherwise the lack of disclosure In any legal proceeding Involving this Agreement, with the exception of disclosure that may have been fraudulently withheld. FOURTEENTH: ENTIRE AGREEMENT. The Agreement contains the entire understanding of the parties hereto, and there are no other representations, warranties, covenants, or undertakings other than those expressly set forth herein. FIFTEENTH: AGREEMENT BINDING UPON HEIRS - This Agreement shall be binding and shall Inure to the benefit of the parties hereto and their respective heirs, executors,and administrators. IN WITNESS WHEREOF, and Intending to be legally bound hereby, the parties have hereunto set their hands and seals the day, month and year first above written, to this Marriage Settlement Agreement, consisting of this and six (6) other ~ pa'''(l{Y. (Av~ {l) -- j-hCQ ~ rVl,.{J ESS HOlL V l.~RRO (~ a'<1X,H;7ff~rv"?- ~.." a C)/"A""" ~ITN S DNA. HARR'O (Husband) tr. \II ~ ;.1, c-.: ,- (-:J ./ C> 1(" . , "I') )' .,' ~..' : . \E~ ' p:'. C\~.:l 't'" I.. :1',:) ~ l..). el' \jJ-- - ~I"l :~.. .. ,\ \:>..~ .. ~.:... ..:., . 11. r"' ""'j U 0' U ~ If) ~ N N .}... luR Ch":- (,).;;.: -- ....;:j. fE~! ~. 0.. i:":::' ~r- ...... Q en ..,,' g) ::1. 1..-': ff:~ - tr.~V :5 S~fE F -I U. r- ~ () 0"' U .' r ( ( , \ . \ I, ( ( i'r- Lf) r:: > N i-:: ., ,. :.:1..... u.,!=! <'.; r ):..,'; ('() ..- t.):'. .'- ~r~ c.. 7!;:} c 0' . 'i!) " '. , " ft~,: ~J "'::-1 r.': :._I'.t. ., . 1.1. r- :} 0 l:T' () vs DEHN H. HHHRo . Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 9~4704 CIVil TERM : CIVIL ACTION - LAW : IN DIVORCE HOllY A. HARRO, Plaintiff AFFIDAVIT OF CONSENT UNDER SECTION 3301 (c) OF THE DIVORCE CODE 1. A COMPLAINT IN DIVORCE under Section 3301 (c) of the Divorce Code duly endorsed with the Notice to Defend and Claim Rights and Notice of Availability of Counseling and Plaintiff's Affidavit was filed on the 1st day of September 1995, and a Certified copy of thereof was mailed to the Defendant via Certified Mail/return receipt requested, Item # P 830 374 757, was mailed on the 1st day of September 1995, and signed for by the Defendant on the 5th day of September 1995 . A Plaintiff's Affidavit dated the 27th day of August 1995 was mailed along with the Certified Divorce Complaint, along with the Affidavit of Counseling, 2, I have been advised of the availability of marriage counseling and understand that I may request that the Court require that my spouse and I participate in counseling. 3, I understand that the Court maintains a list of marriage counselors, 4. 8elng so advised, I doJ1Q1 request that the Court require that my spouse and I participate in Marriage Counseling prior to the Divorce Decree being handed down by the Court, 5, The marriage between my spouse and lis irretrievably broken and we have been separated since on or about June 22, 1994. 6. I consent to the entry of a final decree In divorce. 7. 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. I verify that the statements made In this Affidavit of Consent are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa" C.S.. s4904, relating to unsworn falsification to authorities. DA TE :_&:1{2..:~L7________ _tt~~A-j__tl1LlLlll.- HOLLY l.(~RRO (PLAINTIFF) " ~ If) ~ ~!: '" ,. .. ~~~;: :; UJQ N 0". :l:: ): 1; r-n J-.,. u. ";'! ~.! 1_... . o~ ell . .,' '::J ~I': ~ " CC I ;. ::: ~ a:. t" (; ,':j I~: ;:-, fj,)t.l. -, :5 Lt. r- 0 0' 0 vs DERN R. HRRRO , Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 9t4704 CIVIL TERM : CIVIL ACTION - LAW : IN DIVORCE HOll V A. HARRO, Plaintiff ~FFIDAVIT OF CONSENT UNDER ~ECTION 3301lc) OF THE DIVORCE CODE 1, A COMPLAINT IN DIVORCE under Section 3301 (c) of the Divorce Code duly endorsed with the Notice to Defend and Claim Rights and Notice of Availability of Counseling and Plaintiff's Affidavit was flied on the 1 st day of September 1995, and a Certified copy of thereof was mailed to the Defendant via Certified Mall/return receipt requested, Item # P 830 374 757, was mailed on the 1st day of September 1995, and signed for by the Defendant on the 5th day of September 1995 . A Plaintiff's Affidavit dated the 27th day of August 1995 was mailed along with the Certified Divorce Complaint, along with the Affidavit of Counseling. 2. I have been advised of the availability of marriage counseling and understand that I may request that the Court require that my spouse and I participate In counseling. 3. I understand that the Court maintains a list of marriage counselors, 4. Being so advised, I do..DQ! request that the Court require that my spouse and I participate In Marriage Counseling prior to the Divorce Decree being handed down by the Court, 5. The marriage between my spouse and I Is Irretrievably broken and we have been separated since on or about June 22, 1994. 6. I consent to the entry of a final decree In divorce. 7. 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. I verify that the statements made In this Affidavit of Consent are true and correct. I understand that falee statements herein are made SUbJect to the penalties of \B Pa" C.S.. s4904, relating to unsworn falsification to authorities. DA T E: ___t2:..Lf;z.:.~L7.-------- ~fu~fl.-rq)sf~--- DEAN A, HARRO (DEFENDANT) ~ t,rJ [;; N N 'wj ~ UJ~ i'"') ;}~ Ef :.):'l () ,~ -.' .~ a.. .~-j /r.; ~c: CT\ :"." ~) . 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