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HomeMy WebLinkAbout95-04714 .. PI,.. .' .~+:..' .~., .C'.' .:..' ".~...:' .:.... .~...... . ~<<. '.~<<-' '.~<<-' ',:Co' .....' ~.". .~.... .~... .~... ..it.. .~.". "~..', ,~.w y....~.. .t:+>C.-:............... ...~.'-.~..... ,."':.... '."':..................,t. ~.~... ......... ~.. ..... ". .........:.... .. '.. ...... .. ... a. a.. a.~". ... ......~....,....,.'a...........".....'l l ~ ~ ~ '.' " ~ IN THE COURT OF COMMON PLEAS ~ ... ~.~ $ OF CUMBERLAND COUNTY ~ ~ ~ ~ ~ STATE OF ~ PENNA. ~ u n ~ ~ : LINDAo...o..E.YINE ........... !,!I N n, ...~.~~,~,~.~~.. ~.~~,~.~....T~~M ~ ~ Plainitff ^ ~.~ ...,.......".................. ............"..,.,.. II ~ ".'~ VCI.:-;IlS ~'. V Ii ~ II!II ~ ~ !:l " ,. M ~ ~ " ~ ~ $ ~-i ~ t. S " a ,) ~ ;;; :i ~ ;:; ~ ~ ~ ~ " .' 101 ',' w ~.~ KEITH A DEVINE w ..~ Defendant ,', ~ ,ij ~ ~.' DECREE IN DIVORCE AND NOW, .. ..t>.j~1o e,e-. ..It: .. .. . .., 19.', 'J... II is ordered and LINDA 0 DEVINE decreed that ."...."...."."..,..,.."..,..."",.,.".,',', plaintiff, and, " " .. ., " . , .. ~~.I,~~.~. ,~~~~.~~ . ... , ,. "".. " . ,., ,." ,., defendant, are divorced from the bonds of matrimony. ~ ? ,', ~ ,', ~ ., ~ (~ w ~.~ ~ S " ~ s .' ? 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; All other related matters, rights and obligations arising under the Pennsylvania Divorce Code, and the Agreement .,:!(I~,~~,:!~, .~'!t~, ~~t\'l~.~'!. ~.h.E!. !';t.a.~I)!=~.~~ . !IJ1.q. I?~.f,~I)~!l,n.~ ( . fI, .Gqpy, ,qf.,. which is attached hereto and made a part hereof as Exhibit "A", .sha~l. be. .and. .the, s-ame. ,1.s .he,reby. .i.ncorporat.ed. into. this. Deoree-, and shall not merge therein, but shall survive the Decree. ,', ~ ~ r-: ~ ~.' ~ " ~ ~ (; ,', ~ Dr The Court: /J ~ ~ "O"~ ~~a P.. .t"H' Allest. 'v.: 1(.' I'.!. 1_", "J"""~ '-r J, 1/1-(((, .LIWL . . , ~ ~t) 1"f.Jt!Y I /~ y ,i/ d 1;'/,:2 (/ , h~/!d /'-' ~e~ ^-P?/ '. " '" / / "1'rothonotnry " ~ ~ .. .' ~ ~ r. t::-;..~ ,', ~ s ". w " ,', ~ ~ ~ v ~- -~...~~ ~--'-'_.~"..'. ,. -. .., --. ... . ...~--.-._-_._.,-..~-,~'-_..--.-........,- ~ -~-~~~****~***~.****~.*~ . '. ,., POS'lNUPTIAL AGREEMENT THIS AGREEMENT, by and between KEITH A. DEVINE, of Cumberland County, Pennsylvania, "Husband," and LINDA D, DEVINE, of Cumbe,land County, Pennsylvania, "Wife," WJ1lIIESSE1lI: WHEREAS, the parties were married on the 7th Day of January, 1986, and are now husband and wife and desire to file and determine the rights which each of them shall have in the property and the estate of the other by reason of marriage; and WHEREAS, Linda D, Devine filed a Complaint in Divorce on September I, 1995, No, 95-4714; and WHEREAS, the parties have made a complete disclosure to each other of their respective financial conditions, and WHEREAS, in consequences of disputes and unhappy differences, the parties desire to separate and live separate and apart from each other for the rest of their lives, and WHEREAS, the parties desire to confirm this separation and make arrangements in connection with it, including the settlement of their property rights, and other rights and obligations growing out of the marital relationship, and WHEREAS, the parties hereto, are fully satisfied to enter into this Agreement in order that the marriage shall not impair their relationship with their respective children and their eleisting responsibilities to them. NOW, 11IEREFORE, in consideration of the mutual promises and agreements set forth in this agreement, it being the intention of the parties that this Agreement shall be legally binding upon the parties, their heirs, eleecutors, administrators and assigns, IT IS AGREED. by and between the parties as follows: I. SEPARATION. It shall be lawful for each of the parties at all times after this agreement is eleecuted 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. 2, NO INTERFERENCE. Each party shall be free from interference, . " ," . autho,ity and control, direct or indi,ect, by Ihe other os flllly as if she or he were single and unmnrried, Neither shall molest 1110 other or compel or endeavor to compel 1110 oll1er to cohabit or dwell with him or her. Nor sholl eilhor porty interfere with the other party's ,ight 10 have 0 relationship or friendship with Rllyone else. J, DEBTS. Iloch pa,ty rep,esents and warrants to Ihe oll1er lI1at lI1ey have not incurred any debts or mado any conllacts since tho date of the separation of lI1e parties. for which either pa,ly or their estate might be liable and tllat lI1ey shall not contract or incur any debt or liability after thia agreemenl for which either pa,ty or their estate might be liable, Each party further agrees that they shall indemnify and anve harmless the other from any and all claims made IIga!nst him 0' he, hy roa5(\n of nny such debts or obligations incurred by either party. The husbRlld ahllll aUlllne the follOWing debls and obligations accumlulated during the course of Iho mll,rill80 allll ahalllndelllnlfy and hold harmless the Wife for them: .. Loan for tho 1994 Nissan Allima automobile will1 New Cumberland Federal Credit tlnlon, b. All othor dehts flOm Iho marriage, including IlllCes II1rough December 3 I, 1994, For the year 199~, Husband shallllay taxes on any income earned by him II1rough his business;' and Wife shall pay any taxes on income ellrl\ed by her. 4. PERSONAL PROPER''''. .. (loch pllrty shall rotaln as his or her own sole and separate property all personal property thai each has in hia or her respective possession as of the date of this Agreement, The pa,lies have amicably resolved and exchanged various items of personal property and ore aatisfied as to Ihe present distribution of personal property. Each party hereby releases any and 011 inlerest which he 0' she may have in the respective personal property of the other pullY. Specifically, the Wife !lives up all claim to the 1994 N;ssan Allhna and shall execllto docllments necessary \0 remove her name from the title and turn over any key. 10 Ihe cn, In her possession wilhln Ihirty (30) days of this agreement. Additionnlly, the wife !lives up all cluilll on any illterest in tile Husband's business, including equiplllont na well na cu,rent and futu,e p,olits, b, Iiach party shall retain as their sole and separate property, any and all profit sharlnll plana, pension plans, retirement plans, IRA's, or insurance policies lI1at eill1er " \" may have, Each party relinquishes the right os n beneficiary under any of the above mentioned items. c. Each party shall keep the money in his or her respective bank accounts, S. COUNSEL AND COUNSEL FEES. a. Each party has retained the counsel of his or her choice, Wife is represented by Michael R, Rundle, Esquire, and Husband is ,epresented by Kathleen ], Prendergast, Esquire, b. Each party shall be responsible for his and her own counsel fees, except that Husband shall pay $500 toward Wife's attorney fees. Wife, through her attorney, will complete the final paperwork for the divorce in a timely manner. 6. ALIMONY AND SUPPORT. I' L Husband and Wife agree that, as of the date of execution of this Agreement, each release. waive and forever surrender any and all right or claim which he or she may have against the other for support, alimony of any kind or nature whatsoever, and they agree that they shall not commence any action for support, alimony of any kind or nature whatsoever, counsel fees, expenses or costs for themselves in the Court of Common Pleas of Cumberland County. Pennsylvania, or any other Court of competent jurisdiction, nor shall they make any claim with respect to the same arising from any action of divorce, or otherwise, b. The parties further agree to indemnitY and save harmless the other party from any such claim for support, alimony of IDlY kind or nalure whatsoever, expenses or costs made by the other party or on behalf of such party, 7. INTEREST IN ESTATES. The parties agree that as of the date of execution of this Agreement, they release, waive and forever surrender any right in the other's estate and by these presents do release, waive and forever surrende, any rights or claims against the estate of the other rellardless of whether they die testate or intestate, and further give up the right to elect against the other's Will should any such Will now exist or he,eafter come into existence and fu,ther do release, waive and sU!lender any claim they may have to act as fiduciary in the other's estate, and funher release any claim which they would have to make or declare any exemption allowed to any surviving spouse under the applicable laws of the .-.....- '. \'. commonwealth of Pennsylvania or olherwise, 8. SUBSEQUENT DIVORCE. a. It is Ihe intent of Iho parties upon execution of the Agreement to seek a divorce in the Cumberland County Court of Common Pleas, b, It is further agreed thaI the lerms of Ihis Agreement shall become part of and be incorporated into the final decree of divorce divorcing the parties but shall nOI be merged into the decree, c. This Agreement shall be enforceable either as an Order of Court pursuant to the provisions of the Pennsylvania Divorce Code, Section 401, et seq or as a contractual agreement. do Husband and Wife agree to execute affidavits of consent to be divorced and to file the same In the Cumberland County Prothonotary's ollice through Wife's counsel within thirty (30) days of executing this agreement. 9. ADDmONAL INSmUMENTS. Each of the parties shall, from time to time, at the request of the othe" execute. acknowledge, and deliver to the other party any and all further instruments that may reasonably be required to give full force and effect to the provisions of this Agreement. 10. MODIFICATION AND WAIVER. A modificalion of any of the provisions of this Agreement shall be effective only if made in writing and executed with the same formality as this Agreement, including witnessing of signatures by an attomey or a notary public, The failure of either party to insist upon the 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 natu,e, 11. DISCLOSURE. The parties have made a full and fair disclosure of all assets and liabilities one 10 the other and each acknowledge receipt of said disclosure of assets and liabilities from the olhe" 11 is specifically agreed and underslood Ihatlhis Agreement constitutes an equitable distribution of property, bolh real and personal, which was legally and beneficially acquired by Husband and Wife 0' eilher of them durinlllheir marriage, as contemplated by the Pennsylvania Divorce Code, Each of the pall1es acknowledge that the provisions of thll Agreement have been fully .. \'. explained to them, and tIu1t the cutution of this Allreement Is not the relult of any duress or lUldue Influente, and ChIt It II not the result of MY Improper or llleaallllreement or agreemenll, and further each party c1edms that they have Individually bad a full and faire oppommlty to obtain Independent IflallIdvlce of c01U15f1 of his 01' her selecdon. 1%. RELEASE. The pa,ties agree to, IIIId do, release IIIId forever discharge each other from IIIIY IIIId all actions, causes of action, sui IS, claims, demllllds, losses. damages. debts, covenllllts, warrlllllies. cont,oversies, IIIId trespasses whatsoever, in low or in equity, which either party may now have against the other or IIIIY other person, or which may have heretofore arisen against the other or IIIIY other person, for or by IIIIY reason, event, act, omission, circumstance, or relationship whatsoever, whether the same and IIIIY and all damages therefrom are now known, unknown or unanticipated, The pa,agraph shall not apply to IIIIY or all causes of action for breach of any provisions of this Ag,eement. BY SIGNING 1BlS AGREEMENT, YOU ARE SIGNING A RELEASE OF ALL CLAIMS AS STATED IN T8IS PARAGRAPH. 13. RECONCILIATION A1TEMPT. This Agreement shall remain in full force and eITect unless terminated in writing by the parties, and the fact that the parties may not physically separate immediately. or in the event the parties attempt reconciliation of their marriage, including residing together as Husband and Wife, shall not eITect the within Agreement. it being expressly agreed by both parties that the terms of this Agreement shall survive any such attempts at reconciliation, even thought such attempts at reconciliation may involve the parties residing together as HusbllOd and Wife, 14. ENTIRE AGREEMENT. This Agreement rep,esents the entire agreement and understanding between the panies regarding their separation, propeny rights and other rights and obligations growing out of their marital relationship, 15, BINDING AGREEMENT. This Agreement shall be binding upon the parties hereto, their respective heirs, executo,s, administrators, successors, or assigns, 16. srroS. This Ag,eement shall be construed In accordance with the laws of the Commonwealth of Pennsylvania which are in eITect as of the date of the eKecution of this Agreement. IN WITNESS WHEREOF. the panies hereto, intending to be legally bound hereby, >; <:1' "r ~~~ \J~ \-- 1- c:~ f-' ,;-'.?, '.~' U'~_4 (.),. C' ' ).' ~- i\' (" -"\\' I .. ({'\ ... .1;:'; .-,-. (~', I' ..0- \.,. ~ Il' 1- '':i 0 0" LJ . " '" '. " '. ,', ~ v. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 95-4714 CIVIL TERM LINDA D. DEVINE, plaintiff KEITH A. DEVINE, Defendant IN DIVORCE PRAECIPE TO TRANSMIT THE RECORD To the Prothonotary: Transmit the record, together with the following information, to the court for entry of a divorce decree: l, Grounds for divorce: irretrievable breakdown under g330l(C) of the Divorce Code, 2, Date and manner of service of the complaint: september l, 1995, by certified mail, restricted delivery, postage prepaid. 3, Complete either paragraph (a) or (b) (a) Date of execution of the Affidavit of Consent required by g3301(c) of the Divorce Code: by plaintiff: October 8, 1997; by defendant: September 26, 1997, (b) (1) Date of execution of the affidavit required by g3301(d) of the Divorce Code: N/A, (2) Date of filing and service of the plaintiff's affidavit upon the respondent: N/A, 4. Related claims pending: None, 5. (Complete either paragraph (a) or (b)) (a) Date and manner of service of the notice of intention to file Praecipe to transmit record, a copy of which is attached: N/A, ,... 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