Loading...
HomeMy WebLinkAbout95-05597 ,--- L.,. r- g an ........'1 .. . . ,,-:<<:.;.~~.:...'!..''!'}: ::!::..:!!~ :~', ~~. ..~. :*.' .:-~ ::!:',':-:' ::.:'._~~: ::~:: ':.:'. .:<<. ::~:. .:'. ~.:. :~ 0>>) ,l.::~:::~: ';':', ':!'~'. ~ 8 , IN THE COURT OF COMMON PLEAS ' 8 8 8 OF CUMBERLAND COUNTY 8 8 ~ 8 8 ~ ~ 8 STATE OF f~~: ~:fl PENNA. ; 8 8 8 8 8 NANCY F. RAY, 8 8 Plaintiff i\:11. 5997H'H'H 11)95 8 8 \"'''..11'; 8 8 ALLAN D. RAY, JR.. 8 'Defendant 8 8 ~ ,~' f~ , I!I ~ DECREE IN 8 ~ DIVORCE 8 , , : AND NOW, . . . . . . . F...bl.lu.\ 7. . . .? . " 19. ?f>. . " it Is ordered and , ~ ~ . decreed that ................. .N.AN.c.Y. .:-. .RA.Y . . . . . . . . . . . . . . . . . . " plaintiff, ~ . and................... ..A~~A~.D~ .RA~~ .JR:.................., defendant, ~ 8 are divorced from the bonds of matrimony, The Marital Settlement Agreement ~ 8 dated January 11, 1996 is incorporated herein, but not merged. ~ 8 The court retains jurisdiction of the following claims which have ~ 8 been raised of record In this action for which a final order has not yet ' 0:. been entered; /8 ... 18 8 ~ 8 .........................................................................., : iii ................................... .' , ~ ,;, " ~ " ~';;"...'bt<:.' t . ., ;. /;J;;)'" 7" i>. L-*-~~-_ ~ *-~ ~..~ ~... .~ ~.. :~:.~.~. ~~~.-~":.":, ~. j . MARITAL SBTTLBMBNT AORBIH&tiI TillS AGREEMEN1', made this 11th t.Iny of .Jallllul'Y. 1996, by and between NANCY F. MY of 451 Garden Drive, Mechanicsburg, Pennsylvania, 17055 (hereinafter IWlI'E") ant.l ALLAN D. MY, JR. of 674 Laurel Drive, Boiling springs, Pennsylvania, 17007 (hereinafter III1USBAND") , WIT N E SSE T HI W"IlIlIlAS, the parties heroto were married 011 Juno 5, 1971 in Russellton, Allegheny county, Pennsylvania, and WHllllBlB, diverse unhappy di fferencee, t.Iisputes and difficulties have arieen between the said parties and it is therefore their intention to live eeparate and apart for the rest of their lives and to settle fully and tinally their financial and property rights and obligations between each other. NOW, THF.REFORE, the pnrties hereto, intending to be legally bound hereby, ngree ns follows: 1. ADVICE 01' COUIUlliL Both parties dcknowledge that they have been nfforded tho opportunity to consult with nn attorney of their choice prior to signing this Agreement. WII'E is representot.l by Debra A. Denison, Esquire. lIusnAtllJ is unrepresented. IIIlHBAllll Ie co<]nlzant of hie . 4. k/ABRAN1"i OF DISCLOSURE Each party hereby confirms that he or she fully understands the terms, conditions and provisions hereof and boliovea same to be fair, just, adequate and reasonable lInder the existing facts and circumstances. The parties further declare that each ia execllting the Agreement freely and volllntarily, having either obtained sufficient knowledge and disclosure of their respective legal rights and obligations or, if counsel has not been consul ted, expressly waiving the right to obtain such knowledge. 5. ~S AND OBLIGATIONS WIFE represents and \~arrants to IIUSBAND that since the separation she has not, and in the future ahe will not, contract or incur any debt or liability for which IIUSBAND or his estate might be responsible, and she shall indemnify and aave IruSDAND harmleas from any and all claims or demands made against him by reason of such debts or obligations incurred by her since the date of said separation, except as otherwise set forth herein. IIUSBAND represents and warrants to IUFE that, since the separation he has not, and in the futllre ho will not, contract or incur any debt or llabil i ty [01" wh 1<:h IH FE or her estate might be responsible, and he shall indemnifY nnd save WII'E hormleas from any and all claima or demanda made against her by reaaon of such debts J . or obligations incurred by him since the t.Iate of said separation, except as otherwise set forth herein. WIFE and HUSBAND recognize that the only exiotinCJ mar1tnl t.Iobt is the mortgage, Uno of credit alll\ car loans whioh have boen distributed in thia ngrooment. 6. REAL PROPERTY The parties hereto acknowledge and agree that the residence located at 674 Laurel Drive, Boiling springs, Pennsylvania, 17007 is marital property to be divided among the parties. WIFE hereby agrees that HUSBAND will refinance the property and remove WIFE's name from any and all encumbranoes against the home. Said encumbrances include a mortgage in the amount of approximntely $22,535.00. Upon refinancing, WIFE hereby agrees to execllte n deed tranSferring her intel'ost In tho home to IIlJSIIMllJ. IIUBIIAND agreea to remove WIFE'a name from the lino of credit BoclIred by the home which has a current balance of 0, The home has been appraisod at a valuo of $1~3,OOO.00. In consideration of the transfer of WIFE's interest In the home to HUSBAND, IIUSBAND agreos to pay IHFE the ilmollnt of $6~,232.00 ill:.....tbQ tlnm of refinancing of the marital home. 'I'his transfer is pursuant to a marital separation and ia intended to qualify for Section 1041(c) status as a tax free transfer. 4 7. PERSONAL PROPEHTY The partiee acknowledge that they have heretofore agreed upon an equitable distribution of all !teme of personal property. It is understood and agreed that each party ehall retain hie or her sole and separate property free and clear of any claim of the other. All those items of pereonalty which each now has in his or possession and control, respectivoly, without the necessity of any document for further nesurance excopt as otherwise provided herein. B. VEIlICLES WIFE owns a 1995 Honda Prelude which ie enr.umbered by a jointly held loan. WIFE hereby agrees to refinance the vehicle and remove IIUSBAND I s obligation. WIFE further agrees to indemni fy and hold harmless HUSBAND for any obligation arising from this debt. HUSBAND owns a 1995 Mazda Navagon which is enclImbered by a jointly held loan. HUSBAND hereby ngreee to refinance the vehicle and remove WIFE's obligation. HUSBAND further agrees to indemnify and hold harmleee Wll'E for any obligation arising (rom this debt. 9. PENSION. llli'l'lJll;MJlli'L.1illJLQ'l'Ill.;JLtMPl,OYlUL.llmmJ-:.l'l'H WIFE ant.l HUflB/lIHl rocoqni ze that euch hoJdA civil Service Retirement Funds and '1'81' funt.ls Which can bo considered marital 5 property. HUSBAND holds a retirement fund valued at approximately $51,B48 and a TSP fund valued at approximately $28,639.38. WIFE holds a retirement fund valued at approximately $47,739 and a'l'SP fund valued at approximately $24,931.15. IIUSIlAND also holds an IRA valued at approximately $1,395.98 wi th Equi table Life and two IHA I s with Members let valued at approximately $8,924.38 and $4,669.51. WIFE holds two IRA'e with Membere 1st credit union valued at approximately $13,789.00. WIFE and HUSBAND are both cognizant of their right to havo the above retirement accounts formally appraieed and epecHically waive such right. IHFE and IIUSIlAND hereby waive any and all interest in each other's retirement accounte. 10. SPOUSAL SUPPORT AND ALIMONY WIFE and IIUSBAIlD do hereby waive, rolease, discharge and give up any rights which either may have againet tho other to receive alimony or other post divorce maintenance or support. From the execution date of this Agreement, it shall be the sole responsibility of each party to sustain himself or herself without seeking any ellpport from the other. 6 20. ENTIRE AGREEMENT This Agreemont contains the entiro understanding of the parties, and there are no representations, warranties, covenants or undertakings other than those expressly set forth herein. 21. BREACH OF AGREEMENT HUSBAND and WIFE hereby agree that if either party breaches any of the terms of this Agreement and a claim or further legal action is required, the breaching party shall reimburse the other all legal fees and costs incurred as a result of said breach or claim. IN WITNESS WHIlRIlOF, the parties hereto have set their hands and seals of the day first above written. This Agreement is executed in duplicate, and in counterparts. HUSBAND and WIFE acknowledge the receipt of a duly executed copy h."o' "/ /// ,)/ 1/ '( (/' .---. , I ,fc I t ( . I.J J dJ Nancy F. Ray ( Witness / // II/ // tJ(.. (~3JJ. 9J Allan o. Ray, Jr. W tnese' 10 ~~ LO i'; ~! U') . ' tl '/1 ....J <f' \.I~ .. l)i',!- L ..;. .,- C):~~ p:\-' - 0.':::' l;!' (\. ,',. ~., .:"PI fl -- rIl- I ..1,' u\ (to r!O';r";) \j; t ... .'(1. r; ~ 'is l\t oJ' U 0' 0 ~ eo '- ls'l I; j:, .. .' } .,* p{: C') ;');-: ~ ;.. i .~'.. C.l :.~.: ~i;Y n_ '. (iJL I 1I:~' r. r j II , ; I ,,_ .. L.J,. l~. '0 r--l \..... -':;"1 f:) . !' t 1 ! "B-1 11- Cr' 1 (J, 0 '" () v"l ~ :;~ 0 0 J ~ 0' - 8 lI"l ..,.-- I.{) J 1/\ () g 5 .,.. ',~ . (~ <.>11'- ,... t..,J ...~ ~ \('l If) ~ ~') \('\ 11 11 I~. .. ' ':;I .. r - cr j ri., 9 - llt ill en ~ " -' k!~Iii! liE@1 .~I~. IBi,g . , . . , , ""U" 'bUUI''''.''''' Ie "U. ON'" ~.w.ne 'M)"'I_.I-'" . . . . . to.', .... ug jl; _z . t:~.,.~ .. COst ~~~. "'" ~~ ~~ m~ ,.1 i '''G <> ... ~. . , "'""" UI "';I'''' \\1,., ~'''ltt ItlNllIIlWD"w.nIMI II"nll k!~I' ~.In dip ~ , ... liD _IT A Z Ilf7 1f3D Dlf3 ~ Receipt lor ~ Certified Moll ,",._. ..', Nrllrl!;l/Iilnu' (:o\ll'laqn PfO\'Hlnd .. " "" . ".' 1)1) I\OIIl$I~ 1111 II111'1I1ilhlJlldll,tiil MR ALLAN D RAY JR 674 LAUREL DRIVE BOILING SPRINGS PA 17007 -.. E 1\;,I.I~I' ~ ~ " K' $ 0.55 1.10 Lf,j_t,,.<l{,,,, 1;l!t'( 1.1' ih,i,-\:~,~ il,P.-------. iir~l!ttimi O\!I,v;ry-r;.;--'~' 2.75 Ill'llJ'IIHl'lllll'lf,!Il'.....,nij Ii' \\r'U'11 ,\!I,' Jltlp P..I'~IfI~1 1.10 ,'] 5.50 {, \ Hdii'I1\lI'[("I"'>"lPI\;I1Vlil\\,lh!'11 fla!~ ill,l {llhh~'>",' ~ AJ!rr'\ lt11^11'.,q,I\jI' """(.-, $ t 10/20/1I5~- - Z 847 430 043 ----------~-----~~- ALLMf D RAY JR 74 IAUUL DRIVE 'ILINo SPRINGS PA 17007 r'" PI_ I ,OIDImbIt ,., , -_......,. ~....~""......)I t,C)AddoI I III""""',,,,, I ..., .... ..... J8( CER111'l1D . ~ 110",9 -'1 , . and fII.", r:; m '- 1I~,J f-- P - " :.3.-- t~! ") , , IF. ~; .- .. ,,- t t " " 'I' I ; {'." (-' , ~ L_ , j, l..' " L L " I'') , , l '-, U f " . . , I verify that the statements 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. I 4904 relating to unsworn falsification to authorities. ~d~~, Nanc F. Ray Dated: January 30, 1996 2 >. co r'.': 0; u-, >~ j:> (I~ l~n ~.:..', "'~t ( l"' ... '~-' t:; ["'J .~ 9! ,~ (1 ~-1 : .; () f" . ~ t. . iJ..., ,(I r' , ' ,n-l ri:\' ' L" 1:'U. I..: l;, ~.: 'I.. V) .~ U ~.l L) . . . . , . . , . lOCI" I ADLlI, 1'0 Ir, DI.lA a. DI.IIO., IlgUIRI Attorney 1.0. No. 66378 2331 Market street Camp Hill, PA 17011 Telephone I (717) 763-1383 Attorneys for Plaintiff NANCY F. RAY, I IN THE COURT OF COMMON PLEAS I CUMBERLAND COUNTY, PENNSYLVANIA I I NO. 95-5997 I I CIVIL ACTION - LAW I Plaintiff v. ALLAN 0, RAY, JR., Defendant . , DIVORCE walnl a, lIO'l'Ie. a, Iftlnla. '1'0 OOUII'I' InlY 0' A Dlvalel DleOI VlDII 110'1'10. 1101101 a, 'I'll DIVOIOI OODI 1. I consent to the entry of a final deoree of divoroe without notice. 2. I understand that I may lose rights conoerning alimony, division of property, lawyer's fees or expenses if I do not olaim them before a divorce is granted. 3. I understand that I will not bs divorced until a divoroe decree is entered by the Court and that a copy of the deores will be sant to me immediately aftsr it is filed with the Prothonotary. . . . .. . . .' . OAGII , ADUI, llC IVI 01... A. 01.110., ISQUIO Attorney 1.0. No. 66378 2331 Market street Camp Hill, PA 17011 Telephone I (717) 763-1383 Attorneys for Plaintiff NANCY F. RAY, Plaintiff : IN THE COURT OF COMMON PLEAS I CUMBERLAND COUNTY, PENNSYLVANIA NO. 95-5997 CIVIL ACTION - LAW DIVORCE v. ALLAN D. RAY, JR., Defendant .AIgI 01' lIO'1'ICI al' 1II'l'III'l'I0M 'l'O OOUII'1' InRV 01' A DIVORCI DICO. UKDII 110'1'10. 3301(0) 01' TBI DIVOICI COOl 1. I consent to the entry of a final decree of divorce without notice. 2. 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 divorce is granted. 3. 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. .... co o- f" lJ, Ie; .' ~, ~; ::': j', .. l~~: (I) .'.. C ~ ~~: 1-" -"'- ., n... .~; :': i: . ~~.. , {" I i , tc. i'"1 r" it..:... 1," l~ ; , l_. l. ~:\ ('. t!' 1,.' Co' 0 . , . , .. . . ..