HomeMy WebLinkAbout95-05339
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. IN THE COURT OF COMMON PLEAS (I
. OF CUMBERLAND COUNTY ~
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. STATE OF '...~ 1 PENNA. 8
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(I ..~RLY~.~RRIS, ".. ~i (I
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. ..'l1f(Ioll\S B,' M)RRIS, , (I
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: DECREE IN :
. DIVORCE 8
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~, AND NOW, .. .. . .. ;;~":'I~ .. . .. t.".'.. '" 19 9.~.. ... It Is ordered and (I
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'" decreed that .......... mrERlN. 1\.. /i:lRRIS. . . ... .. .. .. .... .. .. ' .. plaintiff.
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_ are divorced from the bonds of matrlmonv. FUrther, the l>\ltrincnial 5ettlelfen iii,'
. h]reement executed by the parties on January 31, 1996 is incorporated herein and .
the partJ,es are ordered to COI!Ply with tl}e \:erI]1S therein. ~
. The court retains jurisdiction of tile following claims which have ~
~ been raised of record In this action for which a final order has not yet :
~ been entered; :
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MATRIMONIAL SETTLEMENT AGREEMENT
THIS AGREEMENT, made this 31 day of J ""'''~'':}-
1996, between BIVBRLY ~. MORRIS, hereinafter called "Wife"
'1'II0DI B. MORRIS, hereinafter called "Husband".
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and
WITNESSETH:
The parties hereto, being Husband and Wife were lawfully
married on June 10, 1978 in Cumberland county, Pennsylvania;
There were two children born of the parties; namely:
Jennifer E. Morris, born May 3, 1982 and Andrew T. Morris, born
August 20, 19841
Diverse and unhappy differences, disputes and difficulties
have arisen between the parties and it is the intention of
HUSBAND and WIFE to live separate and apart for the rest of their
natural lives, and the parties hereto are desirous of settling
fully and finally their respective financial and property rights
and obligations as between each other including, without
limitation by specification: the settling of all matters between
them relating to the cwnership and equitable distribution of real
and personal property; the settling of all matters between them
relating to the past, present and future support, alimony and/or
maintenance of each other; and in general, the settling of any
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and all claims and possible claims by one against the other or
against their respective estate.
NOW THEREFORE, in consideration of the prsmises and mutual
promises, covenants and undertakings hereinafter set forth and
for other good and valuable consideration, 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:
1. INCORPORATION OF PREAMBLE
The recitals set forth in the Preamble of this Agreement are
incorporated herein and made a part hereof as if fully sst forth
in the body of the Agreement.
2. AGREEMENT NOT A BAR TO DIVORCE PROCEEDINGS
This Agreement shall not be considered to affect or bar the
right of HUSBAND and WIFE to an absolute divorce on lawful
grounds if such grounds now exist or shall hereafter exist or to
such defense as may bs available to either party. This Agreement
is not intended to condone and shall not be deemed to be
condonation on the part of either party hereto of any act or acts
on the part of the other party which have occasioned the disputes
or unhappy differences which have occurred or may occur
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subsequent to the date hereof. The parties acknowledge that their
marriage is irretrievably broken and that they shall secure a
mutual consent no-fault divorce pursuant to ths terms of ssction
3301(c) of the Divorce Code in WIFE's Cumberland County divorce
action docketed to numbsr 95-5339 civil Term. As soon as possible
under the terms of said Divorce Ccde, the parties shall execute
and file all documents and papers, including affidavits of
consent, necessary to finalize said divorce.
3. EFFECT OF DIVORCE DECREE
The parties agree that unless otherwise specifically
provided herein, this Agreement shall continue in full force and
effect after such time as a final Decree in Divorce may be
entered with respect to the parties.
4. AGREEMENT TO BE INCORPORATED IN DIVORCE DECREE
The partiss agree that ths terms of this Agresment shall be
incorporated into any Divorce Decree which may bs entered with
respect to them.
5. NON-MERGER
It is the parties' intent that this Agreement does not merge
with the Divorce Deoree, but rather shall continue to have
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independent contractual significance. Each party maintains his or
her contractual remedies as well as court crdered remedies as the
result of the aforesaid incorporation or as otherwise provided by
law or statute. Those remedies shall include, but not be limited
to, damages, resulting from breach of this Agreement, specific
enforcement of this Agreement and remedies pertaining to failure
to comply with an order of court or agresment pertaining to
equitable distribution, alimony, alimony pendente lite, counsel
fees and costs as set forth in the pennsylvania Divorce code or
other similar statutes noW in effect and as amended or hereafter
enacted.
6. pATE OF EXECUTION
The "date of execution" or "execution date" of this
Agreement shall be defined as the date of execution by the party
last executing this Agreement.
7. DISTRIBUTION DATE
The transfer of property, funds and/or documsnts provided
herein shall only take place on the "distribution date" which
shall be defined as the date of execution of this Agreement
unless otherwise specified herein.
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B. fINANCIAL DISCLOSURE
The parties confirm that oach has relied on the substantial
accuracy of the finanoial disclcsure of the other, as an
inducement to the execution of this Agreement.
9. ~EPARATION
lIusband and wife shall at all times hereafter have ths right
to live separate and apart from sach other and to rsside from
time to time at such place or places as they shall respoctivsly
deem fit, free from any control, restraint, or interfsrences
whatsoever by the other. 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 provision shall
not be taken to be an admission on the part of either lIusband or
wife of the lawfulnoss or unlawfulness of the caUses Isading to
their living apart. Nsither party shall do or say anything to the
children of the parties which might in any way influence the
children adverselY toward the other party, it being the intention
of both parties to minimize the effect of any such separation
upon the children.
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10. PERSONAL PROPERTY
The parties hereto mutually agree that they have divided all
furniture, household furnishings, appliances and other household
personal property between them, and they mutually agree that each
party shall from and after the date thereof be the sole and
separate owner of all tangible personal property pressnt in his
or her possession.
11. REAL PROPERTY
The parties acknowledge that they are joint owners of real
estate known as B Dishley Drive, Mechanicsburg, Cumberland
county, Pennsylvania 17055. Husband agrees to transfer to Wife
all of his interest in and title to the jointly owned rsal
estate. Said Deed shall be prepared by Wife's attorney. Husband
also agrees that he shall vacate the premises as soon as suitable
alternative housing is found by him. Husband and Wife acknowledge
that there is currently a mortgage against the marital home with
Wsyerhauser Mortgage in the approximate amount of $107,000.00.
Wife agrees to be responsible for the payment of the outstanding
mortgage and further agrees to be solely responsible for the
payment of all future taxes, insurance and utility bills relative
to said real estate until such time as she refinances the currsnt
mortgage, which she agrees to do provided she qualifies, as soon
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al pOI.ible, but no later than one year from the date of
exeoution of this Agreement. Should Wife be unable to refinance
the mortgage within one year, the property will be sold and the
proceed. distributed to Wife. Wife agrees to indemnify Husband
from any loss by reason of her default in the payment of said
mortgage., taxes, insurance and utilities and agrees to save
HUlband harmless from any future liability with regard thereto.
12. AUTOMOBILES
With respect to the motor vehicles owned by one or both of
the partiel, they agres as follows:
(a) The 1989 Cadillac DeVille shall become the sole and
exclulive property of Wife and Wife shall satisfy the remaining
balance owed to Fulton Bank for the loan encumbering said vehicle
upon refinancing the marital home mortgage.
(b) The 1994 Pontiac Grand Prix shall become the sole and
exclusive property of Husband.
(c) The 1982 Yamaha Motorcycle shall become the sole and
exclulive property of Husband.
The titles or assignment of any lease agreements to said
vehicles shall be executed by the parties, if appropriate, for
effectuating transfer as herein provided on the date of execution
of this Agreement and said executed titles/assignments shall be
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delivered to the proper party on the distribution dats. For the
purposes of this Paragraph the term "title" shall be deemed to
include "power of attorney" if the title or lease agreement to
the vehicle is unavailable due to financing arrangements or
otherwise. In the event any vehicle is subject to a lien,
encumbrance, lease or other indebtedness the party receiving said
vehicle as his or her property shall take it subject to said
lien, encumbrance, lease or other indebtedness nnd shall be
solely responsibls therefore and said party further agrees to
indemnify, prctect and save the other party harmless from said
lien, encumbrance, lease or othor indebtedness. Each of the
parties hereto does specifically waive, release, renounce and
forever abandon whatever right, title and interest he or she may
have in the vehicle(s) that shall become the sole and separate
property of the other pursuant to the terms of this paragraph.
13. DEBTS
The parties acknowledge that they have no joint debts except
for the mortgage and car loans referred to in Paragraphs 11 and
12 herein.
A liability not disclcsed in this Agreement will be the sole
responsibility of the party who has incurred or may hsreafter
incur it, and each agrees to pay it as the same shall become due,
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and to indemnify and hold ths other party and his or her property
harmless for any and all such debts, obligations and liabilities.
From the date of the 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
Hab!! i ty .
14. EMPLOYEE BENEFIT PLANS
Except as may otherwise be provided herein, each of the
parties does spscifically waive, release, renounce and forever
abandon all of his or her right, title, interest or claim,
whatever it may be in any Pension Plan, Retirement Plan, Profit
Sharing Plan, 401K Plan, Keogh Plan, Stock Plan, Tax Dsferred
savings Plan and/or any employee benefit plan of the other party,
including but not limited to Wife's Profit Sharing Retirement
account provided through the Orthopedic Institute of Pennsylvania
and Husband Profit Sharing Retirement Trust provided through
American Business Products, and hereafter said Pension Plan,
Retirement Plan, Savings Plan, Tax Deferred savings Plan and/or
any employee benefit plan shall become the sole and separate
property in whose name or through whose employmsnt said plan is
carried.
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15. DIVISION OF BANK ACCOUNTS
The parties acknowledge that their marital bank accounts
listed below shall be closed, if joint, and the proceeds retained
by Husband. Wife does spscifically waive, release, renounce and
forever abandon whatever right, title, interest or claim she may
have in the following accounts:
a. Harris Savings (statement Savings) - Account No.
2104000101 with a balance of approximately $2050.001
b, Harris Savings (Checking) - Account No. 0400012379 with a
balance of approximately $1000.001 and
c. Dauphin Deposit (Checking) - Account No. 61585335 with a
balance of approximately $500.00.
16. DIVISION OF INDIVIDUAL RETIREMENT ACCOUNTS
The parties acknowledge that they are the owners of the
following Individual Retirement Accounts:
a. Dean Witter Account No. 410-041387 owned by Husband with
an approximate balance of $19,661.001 and
b. Integon Account No. 0025-0006399240 owned by Wife with an
approximate balance of $13,330.00.
The parties agrse that they shall each retain their
respective Individual Retirement Account and that each of the
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parties does specifically waive, release, renounce and forever
abandon whatsvsr right, title, interest or claim, he or she may
have in any the account that is to become the sole and separate
property of the other pursuant to the terms hereof.
17. STOCK ACCOUNTS
The parties acknowledge that Huaband is ths owner of the
following stock accounts:
a. Dean Witter Account No. 410-041103-0441
b. Dean Witter Account N410-041102-044 with a current
balance of approximately $10,000.001
c. Dean Witter Account N410-041103-044 with a current
balance of approximately $10,000.001
d. Harris Stock Account N6491-9-11360 with a current balance
of approximately $1500.001 and
e. Harris stock Account N6491-9-12000 with a current balance
of approximately $1500.00.
Wife does specifically waive, release, renounce and forever
abandon whatever right, title, interest or claim she may have on
the accounts that are to become the sole and separate property of
Husband pursuant to the terms hereof.
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18. CHILDREN'S ACCOUNTS
The parties aoknowledge that Wife shall be named as Guardian
on the following accounts which shall remain the sole property of
the children and Husband and Wife do specificallY waive, release,
renounce and forever abandon what right or claim they may have
for the funds in said accounts:
a, First Capital Acccunt '300006605 with a current balance
of approximatelY $3129.001 and
b. First capital Account '300006604 with a current balance
of approximately $3129.00.
19. LIFE INSURANCE
Husband hereby acknowledgss that he currently is the owner
of a two life insurance policies, specificallY: Erie Insurance
company, Policy No. 312124 with a death benefit of $250,000.00
and providsnt Inourance ccmpany, Policy No. 30786-1478336,
through his employer, American Business Products, with a death
benefit of $28,000.00. Wife hereby waives any interest she may
have in said policiss.
Wife hereby acknowledges that she currently is the owner of
two life insurance pOlicies, specifically: Fort Dearborn Life
Insurance Company, Policy No. HB0465-0001, through her employer,
orthopedic Institute of Pennsylvania, with a death benefit of
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$150,000.00 and Erie Life Insurance Company, Policy No. 294-866
with a death bsnefit of $100,000.00. Husband hereby waives any
interest he may have in said policies.
Both parties agree that they shall each maintain at least
one policy with a death benefit of $150,000.00 on which the
parties' children shall bs named as irrevocable beneficiariss on
until such tims as they rsach 22 years of age. Proof of said
policy as designation of beneficiary shall be exchanged by the
parties on a ysarly basis, or at the request of either party.
20. CUSTODY
1. The parties agree that they shall have shared legal
custody of their children with Mother having primary physical
custody of the children and Father having partial physical
custody of the children, as follows:
a) Every other weekend from 4:00 p.m. on Friday until 8:00
a.m. on Monday morning. Father shall provide Mother with 24 hours
advance notice of any deviations from this schedule.
b) Two nights every week from 4:00 p.m. until the next
morning at 8:00 a.m. Father shall provide Mcther with two (2)
days advance notice to avoid conflicts with school activities.
c) Alternating holidays beginning with Father having Easter,
1996. Holidays shall include Memorial Day, Fourth of July, Labor
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Day, Thanksgiving, New year's Day and Easter. Christmas shall be
divided into two segments. segment I, which shall be with Mother,
shall be Christmas Eve from 10:00 a.m. until christmas morning at
10:00 a.m. and segment 2, which shall be with Father, shall be
from Christmas morning at 10:00 a.m. to the day after christmas
at 10:00 a.m.1
d) Up to four weeks in the summer. Father shall provide
Mother with sixty days advance notice of said weeksl
e) The children shall be with the Father on Father's Day and
the Mother on Mother's Day.
f) such other times as are mutually agreed by the parties.
2. Transportation shall be shared by the parties.
3. The parties shall be entitlsd to reasonable unlimited
telephone privileges.
4. In the event, a babysitter ie need by either party during
their period of physical custody, the Mother/Father shall be
contacted first to see if she/he is available for such
babysitting before a third party is contacted.
5. Father/Mother shall provide each other with ths location
and telephone number for the children during extended periods of
custody.
6. In the event either party relocates a distancs of 50
miles from the Mechanicsburg area, the parties agree to
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renegotiate the terms of the Custody arrangement within 60 days
of said relocation or seek court intervention if necessary.
7. The parties may mutually orally agree to temporary
changes in the above schedule, or, if mutually agree in writing.
The parties both recognize that each of them needs to be
fully involved in all aspects of the children's welfare and
happiness and in that regard will attsmpt by all possible means
to foster the children's relationship with the other parent and
shall in no way say or do anything in front of the children which
may affect that relationship. The parties agree that they shall
not abuse drugs or alcohol in front of the children. Both parents
shall fully share information including oral and/or written
reports, regarding the children concerning all aspect of their
lives including, but not limited to information concsrning
schooling and education, activities, health, religion and
friends. Both parents agrse to cooperate to the fullest extent
possible to make their relationship regarding the children as
harmonious as possible.
21. CHILD SUPPORT
Husband agrees to pay the sum of $400.00 per month payabls
on the 1st day of each month directly to Wife for the support of
the parties' minor children. Said payment shall continue until
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the first child graduates from high school at which time the
support obligation for Husband will be recalculated either by
agreement or by ths Court based upon current incomes and support
for one child. The child support shall be terminated upon the
second child graduating from high school or reaching 18 years of
age, whichever occurs later. This Agreement shall not barr
either party from adjusting the term or amount of support due
hereunder, either by negotiation with the other party, or, if
neoessary, by resort to a 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 person or persons covered by this paragraph, this Agreement
shall not have any continuing independ~nt effect, but shall be
deemed to have merged into, and been replaced entirely by, the
obligation to pay support pursuant to said Court Order. Should
Husband become delinquent in the payment of child support for a
period of 30 days, he agrees to the entry of a Support Order
through the Domestic Relations Office pursuant to Pa.R.C.P. 1910,
At ~. He also agrees in the event an Order is entered to a wage
attachment to satisfy the child support obligation.
Husband shall maintain the children as dependents on his
dental insurance provided through his employment until such time
as they graduate college provided that such dental insurance is
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provided through his employment at no or minimal cost. Husband
also agrees to be responsible for all orthodontic bills for his
son, Andrew.
Wife shall maintain the children as dependent on her medical
insurance provided through her employment until such time as they
graduate college provided that such medical insurance is provided
through her employment at no or minimal cost.
The parties shall equally share in the paymsnt of the
children's medical expenses not covered by insurance or excluded
by the deductible.
22. DEPENDENCY EXEMPTIONS
The parties agree that they shall file a joint income tax
return for the tax year 1995, and that each shall bear equal
responsibility for any tax liability, and share equally in any
tax refund, with regard to tax year 1996, Husband shall be
entitled to olaim the dependency exemption for Jennifer E. Morris
for federal tax purposes for 1996 and thereafter and Wife shall
be entitled to olaim the dependency exemption for Andrew T.
Morris for federal tax purposes for 1996 and thereafter. The
parties shall execute the necessary IRS forms to effectuate the
terms of this paragraph.
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23. LEGAL FEES
Both parties shall be responsible for the payment of the
fees owed to their own attorney. Husband and Wife do hereby
waive, release and give up any rights which they may respectivelY
have against the other for payment of counsel fees.
24. OTHER WRITINGS
Each of the parties hereto agree to execute any and all
documents, desds, bills of sale or other writings necessary to
carry out the intent of this Agreement.
25. DISCLOSURE AND WAIVER OF PROCEDURAL RIGHTS
Each party understands that he or she has the right to
obtain from the other party a complete inventory or list of all
of the property that either or both parties own at this time or
owned as of the date of separation, and that each party had the
right to have all such property valued by means of appraisals or
otherwise. Both parties understand that they have the right to
have a court hold hearings and make decisions on the matters
covered by this Agreement. Both parties understand that a court
decision concsrning the parties' respective rights and
obligations might be different from the prcvisions of this
Agresment.
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Each party hereby acknowledges that this Agreement is fair
and equitable, that it adequatsly provides for his or her needs
and is in his or hsr best interests, and that the Agrsement is
not the result of any fraud, duress, or undue influence exercised
by either party upon the other or by any other person or persons
upon either party. Both parties hsreby waive ths following
procedural rightsl
a. The right to obtain an inventory and appraisement of
all marital and non-marital property as defined by the
Pennsylvania Divorce Code.
b. The right to obtain an income and expsnse statement
of the other party as provided by the Pennsylvania Divorce
code.
o. The right to have property identified and appraised.
d. The right to discovery as provided by the
Pennsylvania RUles of civil procedure.
e. The right to have the oourt determine which property
is marital and which is non-marital, and equitably
distribute between the partiss that property which the court
determines to be marital, and to set aside to a party that
property which the court determines to be that parties' non-
marital property.
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f. The right to have the court decide any other rights,
remedies, privileges, or obligations covered by this
Agreement and/or arising out of the marital relationship,
including but not limited to possible claims for divorce,
child or spousal support, alimony, alimony pendente lite
(temporary alimony), equitable distribution, custody,
visitation, and counsel fees, costs and expenses.
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26. FURTHER DEBT
wife shall not oontract or incur any debt or liability for
which Husband or his property or estate might be responsible and
.hall indemnify and save harmless Husband from any and all claim.
or demands made against Husband by rsason of debts or obligations
incurred by Wife.
27. FURTHER DEBT
Husband shall not contract or incur any debt or liability
for which wife or her property or estate might be responsible and
shall indemnify and save harmless wife from any and all claims or
demands made against wife by reason of debts or obligations
incurred by Husband.
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28. MUTUAL RELEAS~
Except as otherwise provided herein and so long as this
Agreement is not modified or canceled by subsequent agreement,
the parties hereby release and discharge absolutely and forever
each other from any and all rights, claims and demands, past,
present and future specifically from the following: spousal
support from the other, alimony, alimony pendente lite, division
of property, claims or rights of dower and right to live in the
marital home, right to act as executor or administrator in the
other's estate, rights as devisee or legatee in the Last Will and
Testament of the other, any claim or right as beneficiary in any
life insurance policy of the other, any claim or right in the
distributive share or intestats share of the other parties'
estate.
29. BANKRUPTCY
The parties hereby agree that the provisions of this
Agreement shall not be dischargeable in bankruptcy and expressly
agree to reaffirm any and all obligations contained herein. In
the event a party files such bankruptcy and pursuant thereto
obtains a discharge of any obligations assumed hereunder, the
other party shall have the right to terminate this Agreement in
which event the division of the parties' marital assets and all
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other rights determined by this hgrsemsnt shall be subject to
court determination the same as if this Agreement had never been
entered into.
30. INCOME TAX PRIOR RETURNS
The parties have heretofore filed joint federal and state
returns. Both parties agres that in the event any deficiency in
federal, state or local income tax is proposed, or any assessment
of any such tax is made against either or them, each will
indsmnify and hold harmless the other from and against any loss
or liability for any such tax deficiency or assessment therewith,
Such tax, interest, penalty or expense shall be paid solely and
entirely by the individual who is finally determined to be tho
cause of the misrepresentations or failures to disclose the
nature and extent of his or her separate income on the aforesaid
joint returns.
31. FINAL EOUITABLE DISTRIBUTION OF PROPERTY
The parties agree that the division of all property set
forth in this Agreement is equitable and in the event an action
in divorce is commenced, both parties relinquish the right to
divide said property in any manner not consistent with the tsrms
set forth herein. It is further the intent, understanding and
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agreement of the parties that this Agreement is a full, final,
complete and equitable property division.
32. ENTIRE AGREEMENT
This Agreement constitutes the entirs understanding between
the parties, and there are no covenants, conditions,
representations or agreements, oral or written, of any nature
whatscever, other than those herein contained.
33. LEGALLY BINDING
It is the intent of the parties hereto to be leqally bound
hereby and this Aqreement shall bind the parties hereto and their
relpective heirs, executors, administrators and assiqns.
34. FULL DISCLOSUR~
Each party asserts that she or he has mads a full and
complete disclosure of all the real and personal property of
whatsoever nature and whsresoever located belonqing in any way to
each of them, of all debts and encumbrances incurred in any
manner whatsoever by each of them, of all sources and amounts of
income received or receivable by each party, and of ever other
fact relating in any way to the subject matter of this Aqreement.
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These disclosures ars part of the consideration made by each
party for entering into this Agreement.
35. COSTS TO ENFORCE
In the event that either party defaults in the performance
of any duties or obligations required by the terms of this
Agreement and both extra-judicial and judicial proceedings are
commenced to enforce such duty or obligations, the party found to
be in default shall be liable for all expsnses, including
reasonable attorneys fess, incurred as a result of such
proceedings.
36. AGREEMENT VOLUNTARILY AND CLEARLY UNDERSTOOD
Each party to this Agreement acknowledges and dsclares that
he or she respectively I
(1) Is fully and completely informed as to the facts
relating to the subject matter and their Agreement as the rights
and liabilities of both parties I
(2) Enters into this Agreement voluntarily after receiving
the advice of independent counsell
(3) Has given careful and mature thcught to the making of
this Agreementl
(4) Has carefully read each provision of this Agreement I
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(5) Fully and completely understands eaoh provision of this
Agreement, both as to the subject mattsr and legal affect.
37. AMENDMENT OR MODIFICATION
This Agreement may be amended or modified only by a written
instrument signed by both parties.
38. SEVERABILITY
If any tsrm, condition, clause or provision of this
Agreement shall be determined or declared to be void or invalid
in law or otherwise, then only that term, condition, olause or
provision shall be stricken from this Agresment and in all other
respects this Agreement shall be valid and continue in full
force, effect and operation. Likewise, the failure of any party
to meet his or her obligations under anyone or more of the
paragraphs herein, with the exception of the satisfaction of the
conditions precedent, shall in no way avoid or alter the
remaining obligations of the parties.
39. LAW APPLICABLE
This Agreement shall be governed, construed and enforcsd
under the statute and case law of the Commonwealth of
Pennsylvania.
25
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40. HEADINGS NOT PART OF AGREEMENT
Any headings preceding the text of ths paragraphs and
subparagraphs herein, are inserted solely for convenience of
referenoe and shall not constitute a part of this Agreement nor
shall they affect its meaning, construction or effect.
BY SIGNING THIS AGREEMENT, EACH PARTY ACKNOWLEDGES HAVING
READ AND UNDERSTOOD THE ENTIRE AGREEMENT, AND EACH PARTY
ACKNOWLEDGES THAT THE PROVISIONS OF THIS AGREEMENT SHALL BE AS
BINDING UPON THE PARTIES AS IF THEY WERE ORDERED BY THE COURT
AFTER A FULL HEARING.
WITNESSl
IN WITNESS WHEREOF, the parties hereto have executed this
Agreement ths day and year first written above.
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BIVJlILY A. HOIRII,
Plaintiff
1 IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
No. 95-5339 civil Term
: CIVIL ACTION - LAW
IN DIVORCE
v.
THOIlAI B. HOIRII,
Defendant
PRAECIPE TO TRANSMIT
TO THE PROTHONOTARY:
Transmit the record, together with the following information,
to the Court for entry of a Divorce Decree:
1. Ground for divorce: Irretreivable Breakdown under section
3301/c\ of ths Divorce Code,
2. Date and manner of service of the complaint: certified
Mail. return receiDt reauested on October 17. 1995.
3. (Complete either paragraph (al or (bl.
(a) Date of sxecution of the affidavit of consent required
by section 3301(C) of the Divorce Code: by plaintiff: 2-1-96 ,
by defendant: 2-1-96
(b) (1) Date of execution of the plaintiff's affidavit
required by section 3301(d) cf the Divorce Code: N/A
(21 dab.
of service of Plaintiff's Affidavit upon the Defendant: N/A
Notice of Intention to Request Entry of Divorce Decree with
atttached form counteraffidavit was ssrved on
N/A - waiver
sianed.
4. Related claims pending: None. The Darties entered into a
M:~trii~o!,:iali Settlement Aqreemsnt datsd Januarv 31. 1996 which
_noy_~ ~_ _ncorDuratsd. but not merqed i~t~ the divorce decree
/'/
Dated:
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SE TELLI, SCHIFFMAN, BROWN
& CALHOON
2040 Linglestown Rd., suite 106
Harrisburg, PA 17110-9483
(717) 540-9170
Attorney for Plaintiff
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BEVERLY A. MORRIS,
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND .COUNTY, P~NNSYLVANIA1
NO. q'f- ,JOj31 (lJ,C1k..rl V~
CIVIL ACTION - LAW
IN DIVORCE
VS
THOMAS B. MORRIS,
Defendant
NOTICE TO DEFEND AND CLAIM RIGHTS
You have bsen sued in court. If you wish to defend against
the claims set forth in the following pagss, 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 the marriage, you may request marriage
counseling. A list of marriage counselors is available in the
Office of the Prothonotary at
CUMBERLAND COUNTY COURTHOUSE. 1 COURTHOUSE SOUARE. CARLISLE.
PENNSYLVANIA 17013.
IF YOU DO NOT WISH TO 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.
YOUR 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, 4TH FLOOR
CUMBERLAND COUNTY COURTHOUSE
1 COURTHOUSE SQUARE
CARLISLE, PENNSYLVANIA 17013
TELEPHONE: 240-6200
BEVERLY A. MORRIS,
Plaintiff
.
.
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
VS
THOMAS B. MORRIS,
Defendant
NO.
CIVIL ACTION - LAW
IN DIVORCE
COM P L A I N T
AND NOW COMES the above-named Plaintiff, by Lori K.
Serratelli, Esquire and the law firm of 8IRRATILLI, .CRIrr~,
..0" , CALHOON, ..C., and seeks to obtain a Decres in Divorce
from the above-named Dsfendant, upon the grounds hereinafter mar.
fully set forth:
COUNT I
1. Plaintiff is Bevsrly A. Morris, who currently resides at
8 Dishley Drive, Mechanicsburg, Cumberland County, Pennsylvania
since 1990.
2. Defendant is Thomas B. Morris, who currently resides at
8 Dishley Drive, Mechanicsburg, Cumbsrland County, Pennsylvania
since 1990.
3. Plaintiff has been a bona fide resident in the
Commonwealth for at least six months immediately previous to the
filing of this Complaint.
4. The Plaintiff and Defendant were married on June 10,
1978, in Cumberland County, Pennsylvania.
5. The Plaintiff has been advised of the availability of
counseling and that she may have the right to request that the
Court require the parties to participate in counseling.
6. There have been no prior actions of divorce or for
annulment betwsen the parties.
7, The marriage is irretrievably broken.
8. The Defendant is not a member of the Armsd Service. of
the United states or any of its allies.
9. The Plaintiff and Defendant are both citizens of the
United States.
10. Plaintiff avers that there are two children of the
parties under the age of 18, namely Jennifer E. Morris, born May
3, 1982 and Andrew T. Morris, born August 20, 1984.
WHEREFORE, the Plaintiff prays your Honorable Court to enter
a Decree in Divorce from the bonds of matrimony.
COUHT II
11. paragraphs one through ten are hersby incorporated by
reference hersin.
12. Plaintiff believes that the best interest of the
parties' children, Jennifer E. Morris, born May 3, 1982 and
Andrew T. Morris, born August 20, 1984, will best be ssrved by
confirming primary physical and shared legal custody of the
children with the Plaintiff.
13. The children presently resides with the plaintiff and
Defendant at 8 Dish ley Drivs, Mechanicsburg, Cumberland county,
Pennsylvania.
WHEREFORE, Plaintiff respectfully requests that primary
physical and shared legal custody of the children be confirmed
with the plaintiff.
COUNT III
14. Paragraphs one through ten are hereby incorporated by
reference herein.
15. Plaintiff states that Plaintiff and Defendant possess
various items of both real and personal marital property which is
Bubject to equitable distribution by the court.
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16. plaintiff requests that this court grant equitable
diatribution.
WHEREFORE, plaintiff prays that Your Honorable court:
(a) Equitably distribute all property, personal and
real owned by the parties;
(b) Grant such further relief as the court may deem
equitable and just.
Respectfully submitted,
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Lori erratelli, Esquire
SE LI, SCHIFFMAN,
BROWN' CALHOON, P.c.
2040 Linglestown Road
suite 106
Harrisburg, PA 17110
(717) 540-9170
ATTORNEY F'lR PLAINTIFF
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VIRIrICATIOH
I verify that the statement made in the foregoing complaint
in Divorce are true and correct. I understand that fal.e
.tatement. herein are made subject to the penalties of 18 Pa.
e.s. section 4904, relating to unsworn falsification to
authorities.
Date:
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..VlaLY A. HORRII,
plaintiff
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
No. 95-5339 civil Term
v.
THOMAI B. HORRIS,
Defendant
CIVIL ACTION - LAW
IN DIVORCE
PRAEOIPI
TO THE PROTHONOTARY:
You are directed to withdraw Counts II and III
of the complaint in Divorce on behalf of the Plaintiff.
Dated I <:) / r.. / </ Jo
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.. serratell , Esq.
SI ELLI, SOHlI'I'HAIf, BROn
, CALHOON, P.C.
2040 Lingleetown Rd., suite 106
Harrisburg, PA 17110-9483
(717) 540-9170
Attorney for Plaintiff
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BIVIlRLY A. HORRIS, . IN THE COURT OF COMMON PLEAS
.
. CUMBERLAND COUNTY, PENNSYLVANIA
.
plaintiff
.
.
vs. : NO. 95-5339 civil Term
TROKAS B. HORRIS, CIVIL ACTION - LAW
Dsfendant IN DIVORCE
AFFIDAVIT OF CONSENT AND
WAIVE_R OF NOTICE OF INTENTION TO REOUEST
ENTRY OF A DIVORCE DECREE UNDER
SECTION 3301(c\ OF THE DIVORCE CODE
(1) A Complaint in Divorce under Section 3301(C)
of the Divorce Code was filed on October 6, 1995.
(2) The marriage of Plaintiff and Defendant is irretrievably
broken and ninety (90) days have elapsed from the date of
filing the complaint.
(3) I consent to the entry of a final decre6 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 divorcs is granted.
(5) I understand that I will not be divorced until a divorce
decree is entered by the Court and that a copy of the Decree
will be sent to me immediately after it is filed with the
Prothonotary.
I verify that the statemsnts 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. Sec. 4904 relating to
unsworn falsification to authorities.
,J/ /'i&
DATED
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BEVERLY ~. KORRIS
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BEVERLY A. MORRIS,
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 95-5339 CIVIL TERM
: CIVIL ACTION - LAW
IN DIVORCE
V.
THOMAS B. MORRIS,
Defendant
AFFIDAVIT OF SERVICE
I, Lori K. Serratelli, Esquire, being duly sworn according to
law, depose and say that I servsd the Divorce Complaint in the
above captioned matter, by depositing it in the United States mail,
certified mail, restricted delivery, return receipt requested,
addressed as follows:
Thomas B. Morris
8 Dishley Drive
Mechanicsburg, PA 17055
The return receipt card is attachsd hereto,
Dated:
II) 1IJ'/9~-
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Serratelli, Esquire
. 'ILLI, .CBI.....,
BROn , CALBOOII, P. c.
2040 Linglestown Road
Suite 106
Harrisburg, PA 17110-9483
(717) 540-9170
Attorney for Plaintiff
Sworn and Subscribed to
before me this 16\~ day
of Oc\t1':>o (' , 1995.
(~l,_i(;"";l'- /-(.It t:"
NOTARY PUBLIC
My Commission Expires:
Notlrill Stll
CMltInI 1.1, Mlnln... NollfY Public
Susquehlnnl Twp. uluphln County
My Commission e.plres lltc. Ie. 1995
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SERVICE OF DIVORCE COMPLAINT
BEVERLY A, MORRIS,
Plaintiff
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 95 5339 CIVIL TERM
CIVIL ACTION-LAW
IN DIVORCE
va.
THOMAS B, MORRIS.
Defendant
PRAECIPE
TO THE PROTHONOTARY:
Please enter my appearance on behalf of the Defendant in the above captioned matter.
Respectfully submitted.
PURCELL, KRUG & HALLER
.'
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BY
J W, Pu ell,lr,
,D. 29955
1719 North Front Street
Harrisburg. PA 17102
(717) 234-4178
Da~: ~~ber23. 1995
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BEVERLY A. MORRIS
Plaintiff
: IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY, PENNSYLVANIA
NO. 95-6339 CIVIL TERM
CIVIL ACTION-LAW
IN DIVORCE
VS.
THOMAS B. MORRIS,
Dafendant
AFFIDAVIT OF CONIENT
1. A Complaint In Divorce under Section 3301 (cl of the divorce Code
wa. flied on Octobar 6, 1996.
2. The marrlege of Plaintiff and Defendant Is Irretrievably brokan and
ninety day. have elapsad from the date of filing the Complaint.
3. I con.ent to tha entry of e final decree of divorce after lervlca of
notice of Intention to requllt entry of the decree
WAIVER OF NOTICE OF INTENTION TO REQUEST
ENTRY OF A DIVORCE DECREE UNDER
13301(0) OF THE DIVORCE CODE
1. I consent to the entry of e finel decree of divorce without notice.
2. I under.tand that I may 10le rlghtl concerning alimony, divlllon of
property, lawyer'. fee. or elCpen.e.lf I do not clelm them before a divorce II gr.nted.
3. I undarltend thet I will not be divorced until II divorce decree II
entered by the Court and that a copy of the Decree will be aent to me Immedletely
aftar it I. flied with the prothonotary.
I verify that the .tetementa made In thl. Affidavit .re troe and comat. I
understand that f.... .tetement. herein are mada lubJeat to the pan..tle. of 18 Pa.
C.I. 1 4804 relating to un.worn f...lflcatlon to authorltle.,
Data: 2. /- q~
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THOMAS B. MORRIS
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