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HomeMy WebLinkAbout95-05408 ""; -- '--" -- --P , , VJ " " j ~. , I cJ. " 1 -1 ~ 1 ~ ~ , :-',' " ,- ,: ~~" ,~ ',' ( '- ~ '-"'. j Do a Cf; -:;:" ','" '",,; " '-',.; .... -"<d;}~~,t, .l~ " "',:" I .- 'r.-' . .y )1:~~~~;,~ ,.'. (~ " .....:' , .~-' :,;~-,-"'.'J,'t~'l'1:.~~:{f)'! .;,~/ .,~.::~~'." o~ ,.~ \"F~';( ~,?::l':J~4};-I"j ~~~I;\~~:}O~ "'."."~',:,"'. ~ " Sh,-.:'o,. A-i'~.~:;11<'.l~. '~''''''"'i: . . :'<:':;~:^": ;-~' o:\:~};:1l;~~~\t.r:J~:f~tt<~.. ,:,.' . hI...'". '., q",~;; '4:il~, ~11\~' L;/~Ih~~- 'j ::'-; ,~_: '~_ ~~.::-.~~~i:. _:~~::J;, ~~':~;.~_~lI$~,;&_:lU;.~;i . ......;; ~ "',,'.'- \, ,~h' " '.' '., ~"'~~~:~;"~'""'t.t. ~ ' ".."' ''''" ,,,, '"'l''';::'E~\i'1;'t'''J:m ''''''''1' .~: . ."";." ~'-" ',1" , '.,~~ f' -'~?i.J"'i'~ ~o; +.~~ ? _ :);~1'\ >?,~'. ':':~~~~ :.~~:";;~l~:~'~~i-~:;~~:~",'~J:.:lf~,~ - ~ -. ' , ", . ,." .,t.'j!...~ 1;'K,)I f ..r''!';'''); ~h, ."", ,'': \:1 l: "'-." , '~~'!'I'f''''~i';''''~i\ 'l'!i-<( ,,,r- 'i,' " , ';;.. ..- .."" -,- ",-f~ :', {', ',~', ,IT: "f.;.{~',i"~~.:5\;~.A~~ ~i:;7.~i;I,~' ~ _I ,.,t>' =, '":~. r~. 1'f.~' ;il:::$ ~I',/" ':'. .' i'~:'~... ~~~ -~.,".,.Lt:rn~Y-;~~' "- '. ;" ;;::.~tt;: ~\ :;:'f~':'~r.~~~~~lJi~::f;\ . "'. : .~<'" c..'..' :,:,,/',~;>,.)...'"~~b"'7!fJ:k"'~1.~, " >>, .' ;: '~',~ ' " .. .!;:t;~::~~ ., ~ ; ": -,,', :,' ';.;' ~ . ' ; ;,<- , \'~'~ ',.-, ,":l:l," ',,' '. '.,:":'" '" , /~~,:, .,'1;:;;tF "J.':,l--,':', ,,,.,.(>.,.. ";';>~\/<~:f:;:,'::'> - '.'.~~F.-~}~1~;:',' . ",',' " *~*~~~-~-~~~~*-*****)*._:_*~*--~~ ~!' ..____.____. _~_~~_______ :V. ~ Ir. W :1 IN THE COURT OF COMMON PLEAS : W '.' OF CUMBERLAND COUNTY ~ s ~ ~I '=' 8 .;, '=' ~ .;, '=' W <:" ~ '.' ~ 8 .' w " .;, '=' .', ~ Wl ... " ~ f, a '.' ~ ~ ,.. w '.' ~ ~ '.' ~ ~ ~ 8 ~ ~ .' ~ ~ ~ ~ ~I :n &' !l" ".:.:. .:..:. STATE OF -~ . ...~#. .~1.. ", "f PENNA, RANDY G. ,~OUST, Plaintiff N (I. ,~,~.Q,a....",..,.. ,~,t,v.;r;.k 19 95 VPl'iHIS DOREEN J, FOUST, Defendant w ... DEe R EEl N +- II ' ~ I> A-- JA ~ D I V 0 R C E AA..u. ' .If ~,...) ~ III ~ J_ q 1 : AND NOW~"... ...kf....... 19....... it is ordered and ::. decreed that ............. ~.~~~~. .~: . ~~.~~~. . . . . . . . . . . . . . . . . . '. plaintiff. ~ and. .. . . . . . .. . . . . . . . . . . . . .~?~.E.~~. ~:. . ~?~.~'I:'. . . . . . . . . . . . . . . " defendant. are divorced from the bonds of matrimony, 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; THE PARTIES MARITAL SETTLEMENT AGREEMENT DATED OCTOBER 19, 1995 ........ .... ........................................... ,.,....... .......... IS INCORPORATED HEREIN AS A FINAL ORDER OF COURT. '~ -. ~ ~.~~*.~***~..~~..~.****~.**.*.~, ~ ~ ~ W ':> .', ~ ~ .' ~ '.' w '.' a '.' w '.' ~ (. ~ '.' w '.' ~ ~ * ~ !w I'" (~ j',' I.., I~ ( . )~ I~ ..... :* * ~ ,~ MARITAL SETTLEMENT AGREEMENT THIS AGREEMENT, made this ~ day of rJe.J.cbvJ , 1995, by and between DOREEN J, FOUST, hereinafter referred to as "Wife", and RANDY G, FOUST, hereinafter referred to as "Husband", WITNESSETH: WHEREAS, the parties are Husband and Wife who were married on June 30, 1979 and have been separated since September 24, 1995; and, WHEREAS, the Husband has instituted divorce proceedings in the Court of Common Pleas of Cumberland County to No, 95-5408 Civil Term by complaint filed on October 11, 1995; and, WHEREAS, the parties desire to ~ett1e fully and finally their respective financial and property rights and obligations as between each other, including, without limitation: settling of all matters between them relating to the ownership in equitable distribution of personal property and related economic claims including, but not limited to spousal support, alimony and alimony pendente lite; and in general the settling of any and all claims or possible claims of one against the other or against their respective estates; and, WHEREAS, Husband is represented by his separate legal counsel and has been advised of his respective rights, privileges, duties and obligations relative to the parties' property rights and interests under the Divorce Code and regarding alimony and spousal suppurt, and Wife has voluntarily chosen to be unrepresented in this matter, but has been advised and continues to understand that she has the right to be represented by her own 1 I !t separate legal counsel who could advise her regarding her respective property rights, privileges, duties and obligations relative to the parties' property rights and interests under the Divorce Code and regarding alimony and spousal support; and, WHEREAS, each party is fully familiar with the marital property and both parties now desire to settle and determine his and her property rights and claims under the Divorce Code, including all claims regarding equitable distribution of marital property, alimony, spousal support and related economic claims. NOW, THEREFORE, the parties hereto being legally bound hereby, do covenant and agree as follows: 1. The parties agree to the entry of a Decree in Divorce pursuant to Section 3301(D) of the Divorce Code. Both parties shall execute and file the requisite Consents with the Court contemporaneously with the execution of this Agreement, The Husband's attorney shall file the Praecipe to Transmit the record and obtain a Decree in Divorce without delay, Should either party do anything to delay or deny the entry of such a Decree, or fail to do anything required to obtain the Divorce Decree in breach of this Agreement, the other party may, at his or her option, declare this Agreement null and void, ab initio. 2, This Agreement and all warranties and representations contained herein shall survive the Divorce Decree and shall continue to be enforceable in accordance with its terms. No Court may change the terms of this Agreement, and it shall be binding and inclusive upon the parties. An action may be brought at law, in equity or pursuant to the provisions of the Divorce Code to enforce this Agreement by either Husband or Wife, In 2 the event of a reconciliation, attempted reconciliation or other cohabitation of the parties hereto after the date of this Agreement, this Agreement shall remain in full force and effect in the absence of a written agreement signed by the parties expressly stating that this Agreement has been revoked or modified. 3. The parties have divided between them to their mutual satisfaction their personal effects, household furniture and furnishings, automobiles and all other articles of tangible personal property which have heretofore been used by them in common and neither party will make a claim to any such items which are now in the possession or under the control of the other. Husband shall have possession of the 1977 Plymouth currently in his possession and wi\1 execute the necessary paperwork and pay the necessary fees in order to have the 1988 Beratta transferred into Wife's name alone, Husband wi\1 retire the loan amount of approximately $700,00 existing on the bank loan for the 1988 Beratta, Husband will maintain the camper currently in his possession with an approximate value of $1,000,00, 4. The parties have divided between them to their mutual satisfaction all intangible personal property consisting of cash, bank accounts, annuities, securities, insurance policies, pension and retirement rights, whether vested or contingent, and all other such types of property, The parties hereby agree that all such intangible property presently in the possession of or titled in the name of Husband shall be his sole and separate property, and that in the possession or titled in the name of the Wife shall be her sole and separate property, Each party hereby expressly waives any right to claim any pension/profit sharing/retirement rights of the other, vested or contingent, each party to retain full 3 ownership of such rights as his or her sole and separate property, 5, Wife shaIl execute any and all necessary paperwork in order to have the marital residence at 11 Wyrick Avenue, Shippensburg, Pennsylvania transferred into the Husband's name alone. 6, Husband agrees to indemnify and save and hold harmless the Wife for any liability upon the obligation assumed by the Husband in accordance with the terms and conditions set forth in paragraph 5 of this Agreement. 7. In addition to the obligation assumed by Husband in paragraph 5 of this Agreement, Husband shaIl be responsible for credit card account #4613830??oo36344 with Patriot Federal Credit Union with a current account balance of $1,218.54. 9. Husband agrees to indemnify and save and hold harmless the Wife for any liability upon the obligation hereby assumed by Husband in accordance with the terms and conditions set forth in paragraph 8 of this Agreement. 10, Except as herein otherwise provided, each party represents that she and he have not heretofore incurred or contracted any debt or liability or obligation for which the other may be held responsible or liable, Each party agrees to indemnify and save and hold harmless the other from and against all such debts, liabilities or obligations of any kind which may have heretofore been incurred between them, except the obligations arising out of this Agreement, 4 counsel fees and expenses, arising as a right to spousal support or arising by any nature whatsoever, excepting only those rights accorded to the Husband under this Agreement, 14, Wife does hereby release, remise, quitclaim and forever discharge the Husband and the Estate of the Husband from any and all claims she has now, every may have or can at any time have against the Husband or his estate or any part thereof, whether arising out of formal contracts, engagements or liabilities of the Husband, arising by way of the widower's right or under t!-- Intestate law, arising by way of any right to take against the Husband's Will, arising under the Divorce Code, Act No, 26 of 1980, as amended, including, alimony, alimony pendente lite, counsel fees and expenses, arising as a right to spousal support arising by any nature whatsoever, excepting only those rights accorded to the Wife under this Agreement. 15. If either party to this Agreement resorts to a lawsuit or other legal action pursuant to the provisions of the Divorce Code or otherwise shall enforce the provision of this Agreement, the successful party shall be entitled to recover his or her reasonable attorney fees, actnally incurred, from the other as part of the judgment entered in such legal action, whether in law, in equity, pursuant to the provisions of the Divorce Code or otherwise as the same shall be determined by the Court. 16. The parties do hereby warrant, represent and declare and do acknowledge and agree that each is and has been fully and completely informed of and is familiar with and is cognizant of the wealth, real and/or personal property, estate and assets, earnings and income of the other and that each has made a full and complete disclosure to the other of 6 his or her entire assets and liabilities and any further enumeration or statement thereof in this Agreement is specifically waived. 17. This Agreement constitutes the entire understanding of the parties. There are no covenants, conditions, representations or agreements, written or oral, of any nature whatsoever, other than those herein contained, 18. This Agreement is subject to modification only by a subsequent legal writing signed by both parties. It shall be construed according to the laws of the Commonwealth of Pennsylvania. 19. Husband and Wife acknowledge that each of them has read and understands his and her rights and responsibilities under this Agreement, that he and she have executed this Agreement under no compulsion to do so but as a voluntary act, being apprised of its consequences. 20. This Agreement shall bind and inure to the benefit of the parties hereto and their respective heirs, executors, administrators, successors and assigns, WITNE~" j 7 ~./1,f'~ RAN G. FOUST domes,lr/diw/tC/rOUSI.lgr 7 RANDY G, FOUST, Plaintiff . , v. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,. PENNSYLVANIA NO, 95-5408 CIVIL TERM DOREEN J, FOUST, Defendant CIVIL ACTION-LAW IN DIVORCE PRAECIPE Ta TRANSMIT RECORD To the Prothonotary: Transmit the record, together with the following information, to the court for entry of a divorce decree: 1, Ground for divorce: irretrievable breakdown under Section 3301(c) of the divorce code, 2, Date and manner of service of the complaint SERVICE ON THE DEFENDANT VIA CERTIFIED MAIL-RESTRICTED DELIVERY ON OCTOBER 18, 1995, 3, (Complete e1 ther paragraph (a) or (b).) (a) Date of execution of the affidavit of consent required under Section 201(c) of the divorce code: by the plaintiff FEBRUARY 20. 1997 FEBRUARY 19, 1997 ; by the defendant . (b) (1) Date of execution of the plaintiff's affidavit required by Section 201(d) of the divorce code N/A (2) Date of service of the plaintiff's affidavit upon the defendant N/A 4. Related claims pending NONE 5, Indicate the manner of service the notice of intention to file praecipe to transmit record, and attach a copy of said notice under section 201(d)(l)(i) of the Divorce Code N/A ~~~~. DAVID A, BARIC, ESQUIRE Attorney for the Plaintiff, Randy G, Foust - _.-- II II , RANDY G, FOUST, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO, 5t.\0<6 CIVIL TERM CIVIL ACflON.LA W IN DIVORCE v. DOREEN J. FOUST, Defendant COMPLAINT UNDER SECflONS 3301(C) AND 3301(0) OF THE DIVORCE CODE 1. Plaintiff is RANDY G, FOUST, an adult individual who currently resides at 11 Wyrick Avenue, Shippensburg, Cumberland County, Pennsylvania. 2, Defendant is DOREEN J, FOUST, an adult individual who currently resides I at 46 Middle Spring Avenue Shippensburg, Cumberland County, Pennsylvania, i I 3. Plaintiff and Defendant have been bona fide residents in the Commonwealth ! of Pennsylvania for at least six months immediately previous to the filing of this Complaint, 4. The Plaintiff and Defendant were married on June 30, 1979, in Franklin County, Pennsylvania and separated on September 24, 1995, 5. There have been no prior actions of divorce or for annulment between the parties, ! 1 :1 6. The marriage is irretrievably broken, 7. The Plaintiff has been advised of the availability of counseling and that she , i I may have the right to request that the court require the parties to participate in I, ! I Counseling. d " .i , VERIFICATION I verify that the statements made in this Complaint are true and correct, I rfl_#F,;;;;;A. DY G, FOUST Date: !V~/1C:;;- . ~ \ i I I I I , I I , L I' i '\ II " , I, , ~t~~~', . ~ '..)-' 00, ~<" '8 0"" r<) l"O " , 5"~'." ,";., . :,i~~~;?): ',' ' ,,;;~{~,'1:;'i~ ,': ' ~~ ", .,e~t~.,.~~ ' _, _..... :l~~',~"'&:ItlG_' -;"_i~"('::;:O~.,oI'(.,. '> ' '~" ~,~,,:c." ,'.q ";'.:<___ ,~;'~!~': .O~~~ s:!""::!i.tt;',j"'" ,,'_;~r_< '_,./~ ..:))>' n. ~ ~;__. , _', ~'_"''')"'~-lh.W ",i :'>~,~~~ ,; i~, ',',"R., ~ . 0 ,0 1J),0 \lilt) r- - t ~ o 'V") ~ -+ i c3' i , '." "-~'.. o ,0 , \I) - 1; -a.' o IJ] " 1.0 0-, - :,',.-" 'lJ!: ~" , , " , + + .... >< ~~ + + + + + III +, ~ 10 + U + , " + Pl' + ~~ OU Eo< " Eo< + 0 + '" uQo< Ul Ul' + > + ~ ~ ~ ~~S 1:)... 1:), + + .:l.:l, o~ + 1-1 0... Q + 1-1111I ',' rao= + + >:Z:U .:l rao't'l, III + ~ ~ Ii; ~ Eo<Pl~ :z: + I-IOPl ,~ , .'0 + + 1-10 gilll>< = . . ...= + 1-1 UEo<> ~ ~ a ~ Cl't'l, > + 'GJ + + UI-I O~~ >< ~.", :Z:'" + t + O<Q IIl'GJ + ~ ~ e ~ Uu ~ll<'," IIlQ + 1-1 + .:l:Z: III 0< + IIlraoll< Pl + .:l + 1-11-1 is ~ :Co Pl 0 +, ~ + > is ... Eo< Q + + 1-1 o ~ ~ :z:Ul + 0 + IU 1-10< + U + III III + + (JI .:l + + ll< + + + -l: . . . . t; "l v. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY I PENNSYLVANIA No, 95-5408 Civil Term RANDY G, FOUST, plaintiff DOREEN J, FOUST, Defendant CIVIL ACTION-LAW IN DIVORCE AFFIDAVIT OF CONSENT 1, A complaint in divorce was filed under Section 3301(c) of the Divorce Code and was filed on October 11, 1995, 2, The marriage of the plaintiff and defendant is irretrievably broken and ninety days have elapsed from the date of the filing the Complaint. 3, I consent to the entry of a final decree in divorce after service of the notice of intention to request entry of a decree, Date: 1;;'&/97 / tf,~~ r~ DY G, FOUST , - '.\' ~ f?', ''- \..~ ~~.1 .t'f,. ~.):..:, ~)~~ :;:.. . .,.,/;' c.... ';. -::n. ;,~.~ ntP \-q 0- ~., ~ D - (,"'.l B "'"' ~ ti; ~ uJ9 ut; ~t, ole \l.!.ll_~ l;C.~~ \- 'D RANDY G, FOUST, Plaintiff v, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA No, 95-5408 Civil Term DOREEN J, FOUST, Defendant CIVIL ACTION-LAW IN DIVORCE AFFIDAVIT OF CONSENT 1. A complaint it. divorce was filed under Section 3301 (c) of the Divorce Code and was filed on October 11, 1995, 2, The marriage of the plaintiff and defendant is irretrievably broken and ninety days have elapsed from the date of the filing the Complaint, 3, I consent to the entry of a final decree in divorce after service of the notice of intention to request entry of a decree, Date: d- /C;-91 ~ .:t o- M f:; .. .'- ~~ M :;~~ :r.: ..J::.... C ~J~ .jE 0.. ~ .'\;:i ~O .;~ 8: N ~C' ..:1,... CO ,hd5 iE w !.!Ju.. u... ~ roo :5 C7\ u ";r " RANDY: G, PWST I . IN THE cxxm OF CXMCN PIEl\S OF , Plaintiff . Cl.lMBERLIlND CXXlN'lY, PENNSYLVANIA . . . v, , No. 95-5408 Civil Term . DOOEEN J, FroST, CIVIL ACTIOO-UlW Defendant IN DIVORCE CERTIFICA'm OF SERlTICE I, David A, Baric, Esquire, attorney for the Plaintiff in the above- captioned divorce action, do hereby certify that I served a certified copy of the catplaint in Divorce to the Defendant, as per the attached U,S, Postal Service Certified Mail, return receipt card, 0' BRIEN, BARIC & SCHERER BY ~ c:". it · David A. Baric, Esquire M'm: '~"I" 7 DOMESTIC RETURN RECElPT_' ( ( , \ it; en ~ Lr. -:I. ._..!..... ,-' ,;, c. -)-=) uJ.', Q~ .- .~ .....-, - < 1-'- ~ ,., -1:::3 I.. ~' ",:in ( Cl 1 ",::-: u..;" ':Z ...-l, 1".'" I~ u: .' .;,. '" ::c ;. I', r- ::; C 0" 0