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HomeMy WebLinkAbout95-06113 .. . , , *~~~.,.~.~*~~.~**~..~**.~.~~,)*e*.~***~~~ ~'-"'---'--"'" .."" ,--........ ,.... .... .'- .. ....'....""'8 ~ ~ ~ , \ ~i I M\ ,{ 8 ~ ~ ~ ~ ~ ~ 8 ~ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY ~' STATE OF ~~~! PENNA. t'\ (), 95 - 6113dd' II) DEBORAH J. CAMPBELI" M 81 ~ M 'I ~I ~I ~ " 8 8 ~ 8 8 8 8 ~ 8 8 8 ~ ~ 8 8 . I M- ---- , .' .' .' .w., \' I '1':' I!." LEE R, CAMPBELL, JR., DECREE IN D I V 0 R C E JjJ)~f,41 AND NOW,~ ,~ , 19 97 ,it is ordered and decreed that Deborah..J.. Camp~!?H . . " plaintiff, and ,Lee H., Campbell , Jr.. . . , defendant. are divorced from the bonds of matrimony, The court retains jurisdiction of the following claims which hove been raised of record In this action for which a final order has not yet been entered; IT IS I'Ull'l'lIlW O/llmHED that the terms and conditions of the MaJ?r,i.a'-lc. S,ettlemcntAgr(!cmcntdatcc1 1'!?/JrlJl,lry ,Ii,. .19.97" ,iltl:a,ched, hereto, arc incorporated herein by reference. II, . " \,A/ fl.-N S ,/. ").'---t144..,,<,, t, /t,r/.!, '-."""1'''''''''' , ' . ,,/ ~'-"7 '/..l/ "/ ' ~-f ./' ~ ,-/"..I'cr~~ .~ .J ~lrntlwl1nli\I~' , ~ *.*-~,.~.~..~..~,~.~.-~..~..~..*,~:..~:.~~. ,;, " ~ ~ ~ ~ ~ ~ ~ ~ w ". 8 ~ 8 ~ I,' 8 8 ~ i' ,l!l ,;, " r;, " l~ N j~ , , ~ ". ~ ~ ~ Ii: .~ ~ ~ ~ ~ ~ ~ f. ~ .. MARRIAGE SE1TLEMENT AGREEMENT THIS AGREEMENT is made and entered into between Lee R. Campbell, Jr. and Deborah J. Campbell, hereinafter referred to as Husband and Wife. The parties were married on May 22, 1993, and there is one child born of their manlage, to wit, Colton L. Campbell, born August 9, 1994. As a consequence of disputes and unhappy differences, the parties have separated. The parties desire to confirm their separation and make arrangcments In connection therewith, including the settlement of their property rights, custody, support, and all other rights and obligations arising out of the marriage relationship. It is therefore agreed: I. CONSIDERATION The consideration for this Agreement is the mutual promises and agreements herein contained. 2. SEPARATION AND NONINTERFERENCE A. It will be lawful for each party at all times hereafter to live separate and apart from the other party at such place or placcs as he or she may from time to time choose or deem fit. B. Each party shall be free from interfcrencc, authority ond control, direct or Indirect, by the other, as fully as ifhe or she were single and unmorried. Neither sholl bother the other or compel or endeavor to compel the other to cohabit or dwell with him or her. .. 3. MUTUAL RELEASE Subject to the proviaions of this Agreement, each party has released and discharged, and by this Agreement does for himself or herself, and his or her heirs, legal representatives, executors, administrators, and assigns, release and discharge the other of and from all causes of action, claims, rights, or demands whatsoever, in law or equity, which either of the parties ever had or now has against the other, except any or all cause or causes of action for divorce. 4. FULL DISCLOSURE The provisions of this Agreement and their legal effect arc fully understood by each party to this Agreement, and each party acknowledges that the Ayreement is fair and equitable, that it is being entered into voluntarily, and that it is not the result of any duress or undue influence. Husband and WIfil each represent and warrant to the other that he or she has made a full and complete disclosure to the other of all assets of any nature whatsoever in which such party has an interest, of the sources and amount of the income of such party of every type whatsoever, and of all other facts relating to the subject matter of this Agreement. Husband acknowledges that he was represented by Kathleen Carey Daley, Esquire, in reaching this Agreement, and Wife acknowledges that she was represented by Paille Macdonald-Matthes, Esquire, in reaching this Agreement. Both parties represent that the terms of this Agreement have been fully explained to them by their respective counsel. 2 ~ S. EOUITABLE DIVISION By this Agreement, the parties have Intended to effect an equitable division oftheir marital property. This division Is not intended by the parties to constitute in any way a sale or exchange of assets. 6. SUBSEOUENT DIVORCE A. AGREEMENT NOT PREDICATED ON DIVORCE -It is specifically understood and agreed by and between the parties hereto and each of the said parties does hereby warrant and represent to the other that the execution and delivery of this Agreement is not predicated upon nor made subject to any agreement for institution, prosecution, defense, or for the non-prosecution or non-delenJe of any action for divorce; provided, however, that nothing contained in this Agreement shall prevent or preclude either of the parties hereto from commencing, instituting or prosecuting any action or actions for divorce, either absolute or otherwise, upon just, legal and proper grounds; nor to prevent either party from defending any such action which has been, mayor shall be instituted by the other party, or from making any just or proper defense thereto. It is warranted, covenanted and represented by Husband and Wife, each to the other, that this Agreement is lawful and enforceable and this warranty, covenant and representation is made for the specific purpose of inducing Husband and Wife to execute the Agreement. Husband and Wife each knowingly and understandingly hereby 3 . waives any and all possible claims that this Agreement is, for any reason, illegal or for any reason whatsoever, unenforceable in whole or in part. Husband and Wife each do hereby warrant, covenant and agree that, in any possible event, he and she are and shall forever be estopped from asserting any illegality or unenforceabllity as to all or any part of this Agreement. B. ENTRY AS PART OF DECREE. It is the intention of the parties that the Agreement ahall survive any action for divorcc which may be instituted or prosecuted by either party and no order, judgment or decree of divorce, temporary, final or permanent, shall affect or modifY the tbwlciaI terms of this Agreement. This Agreement shall be incorporated in but shall not merge into any such judgment or decree of final divorce, but shall be incorporated for the purposes of enforcement only. C. MUTUAL CONSENT DIVORCE - The parties agree and acknowledge that their marriage is irretrievably broken, that they do not desire marital counselinll, and that they both consent to the entry of a decree in divorce pursuant to 23 Pa.C.S.A. Section 3301(c). Accordingly, both parties agree to forthwith eKecute such consents, affidavits, or other documents and to direct their respective attorneys to forthwith file such consents, affidavits, or other documents as may be necessary to promptly proceed to obtain a divorce pursuant to said 23 Pa.C.S.A. Section 3301(c). Upon request, to the extent permitted by law and the applicable Rules of Civil Procedure, the named defendant In such divorce action shall execute any waivers of notice or other waivers necessary to expedite such divorce. 4 ". 7. DIVISION OF PERSONAL PROPERTY Wife agrees that ail ofthe property in the possession ofHusband shall be the sole and separate property ofHuaband; and Husband agrees that all of the property in the possession of Wife shall be the sole and separate property of Wife. The parties do hereby specifically waive, release, renounce and forever abandon whatever claims, if any, he or she may have with respect to the above Items which shall become the sole and separate property of the other. 8. DIVISION OF MOTOR VEHICLES During the course of the parties' marriage, the parties acquired the following motor vehicles: A. 1984 Chevy S 10 Truck B. 1993 Ford Aeroltar Van The partiea, during their separation, have agreed that Wife shall have exclusive possession and title to the 1993 Ford Aero&lar Van and that Husband shall have eKclusive possession and title to the 1984 Chevy S 10 Truck, and have caused the vehicles to be transferred to each other. Upon completion of the transfer of mol or vehicles, each party has traded In their respective motor vehicle for the followlnll: A. Wife. 1993 Mercury Topaz B. Husband. 1996 Toyota Pick-up Truck 5 . Husband and Wife hereby warrant and represent that their newly acquired motor vehicles are in their eKclusive possession and that they have each agreed to be solely liable and save and hold harmless each other from any financial responsibility for the same. 9. DISPOSITION OF PROPERTY From and after the date of the signing of this Agreement, both parties shall have complete freedom of disposition as to hislher separate property and any property which is in their possession or control pursuant to this Agreement and may mortgage, sell, grant, conveyor otherwise encumber or dispose of such property, whether real or personal, whether such property was acquired before, during or after marriage, and neither Husband nor Wife need join in, consent to, or acknowledge any deed, mortgage, or other instrument of the other pertaining to such disposition of property. 10. DIVISION OF REAL PROPERTY Husband and Wife hereby agree and acknowledge that Wife owns certain real property located at 925 Gettysburg Pike, Mechanicsburg, Pennsylvania, as her sole and separate property. Husband hereby agrees to release any and all spousal claims in said property to Wife. Husband agrees to execute a deed or other instrument of conveyancing necessary to effectuate this transfer at the time of the execution of this document. Wife shall hold Husband harmless and indemnifY him from any liability arising from this property. 6 . II. PAYMENT OF SPECIFIED OBLIGATIONS The parties agree that the following constitute joint marital obligations which shall be paid by the following person: A. WIFE - Members First Loan 1103, Members First Loan /104, Members First Personal Loan, Visa Credit Card, Discover Credit Card, Ford Credit, outstanding balance with Holy Spirit HospitaJ, and ail personal obligations accrued since separation. B. HUSBAND. Signa Bank Loan and all personal obligations accrued since separstion. 12. LEGAL FEES Each party shall pay his or her own allomeys fees. 13. ALIMONY Both parties acknowledge and agree that the provisions of this Agreement providing for equitable distribution of marital property are fair, adequate and satisfactory to them and are accepted by them in lieu of and in full and final settlement and satisfaction of any claims or demands that either may now or hereafter have against the other for support, maintenance, alimony pendente lite or alimony. Husband and Wife further, voluntarily and intelligently, waive and relinquish any right to seek from the other any payment for support, maintenance, alimony pendente lite or alimony. Il J ~ r 7 . 14. PENSION PROGRAM Each party hereto shall maintain sole ownership over his or her individual pension plan, profit sharing or similar retirement plan acquired individually or as the result of contributions by his or her employer. Wife hereby releases any interest that she hos in thc retirement benefits of Husband accumulated as the result of his employment and any other additional benefits he moy hove accrued. Husband hereby releases any interest that he has in the retirement benefits of Wife accumulated as the result of her employment and any other additional benefits she may have accrued. IS. MISCELLANEOUS All assets including, but not limited to, savings accounts, chccking accounts, certificates of deposit and life insurance policies shall be the sole and separate property of the title holder of said asset. The parties believe and agree, and have bccn so advised by their respective attorneys, that the division of property heretofore made by this Agreement is a non-taxable division of property between co-owners rather than a tllKllble sale or exchange of such property. Each party promises not to take any position with respeclto the adjusted basis of the property assigned to him or her or with respect to any other issue which is inconsistent with the position set forth ill the preceding sentence on his or her federal or state Income tax returns. 8 . TIle parties have heretofore tiled joint federal and state tax returns. Both porties agree 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 of them, each will indemnify and hold hannless the other from and against any loss or liability for any such tax deficiency or assessment and any interest, penalty and expense incurred in connection therewith. Such tax, interest, penalty or expense shall be paid solely and entirely by the individual who is finally determined to be the cause of the misrepresentations or failures to disclose the nature and eKtent of his or her separate income on the aforesaid joint returns. 16. CHILD SUPPORT Child support shall be paid by Husband to Wife at the rate of 108.00 per week through the Domestic Relations Office of Cumberland County - Docket No. 1299 Support 1995. Commencing as of the calendar year, 1995, Wife shall be entitled to claim the child as a dependent on her federal income tax returns under Sections 15\ and 152 of the Internal Revenue Code of 1986, as amended. 17. HEALTH INSURANCE - CHILDREN Husband agrees to provide health insurance for this child for so long as it is available to him at no or minimal cost by his employer. If said insurance becomes unavailable to Husband and Wife has entitlement to insurance which can be provided to her at no or minimal cost, said insurance will 9 eighteen (18) years or until the child completes his post-secondary education, whichever occurs last. Husband agrees that he will irrevocably name his child as the named beneficiary of this life insurance policy. Husband further agrees that he will, upon executing this Agreement, provide proof of the existence of the life insurance policy irrevocably naming the child as beneficiary to Wife. Husband shall provide bi- annual statements to Wife as verification that the policy is being maintained os agreed to herein. 2. Wife agrees that she shall name the child as 0 beneficiary under the life insurance policy she now has through her employer, Matthews Hallmark, or any other lite insurance policy that Wife subsequently acquires either individually or through her respective employer. 19. GENERAL PROVISIONS A. WARRANTY AS TO EXISTING OBLIGATIONS - Each party represents that they have not heretofore incurred or contracted for allY debt or liability or obligation for which the estate of the other party may be responsible or liable exccpt os may be provided for in this Agreement. Each party agrees to indemnifY or hold the other party harmless from and against any and all such debts, liabilities, or obligations of every kind which may have heretofore been incurred by them, including those for necessities, except for the obligations arising out of this Agreement. 11 B. WARRANTY AS TO FUTURE OBLIGATIONS - Wife and Husband each covenant, warrant, represent, and agree that each will now and at all times hereafter save hannless and keep the other indemnified from all debts, charges, and liabilities incurred by the other after the execution date of this Agreement, except as may be otherwise specifically provided for by the terms of this Agreement and that neither of them shall hereafter incur any liability whatsoever for which the estate ofthe other may be liable. C. SEVERABILITY -Ifany term, 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, clause, or provision shall be stricken from this Agreement and in all other respects this Agreement shall be vaiid and continue in full force, effect, and operation. Likewise, the failure of any party to meet his or her obligations under any olle or more of the paragraphs herein, with the exception of the satisfaction ofthe conditions precedent, shall in no way void or alter the remaining obligations of the parties. D. OTHER DOCUMENTATION - Wife and Husband covenant and agree that they will forthwith execute any and all written instruments, assignments, releases, satisfactions, deeds, notes or such other writings as may be necessary or desirsble for the proper eftectuation of this Agreement, and as their respective counsel shall mutually agree should be so executed in order to carry out fully and effectively the terms of this Agreement. 12 E. ENTIRE AGREEMENT - This Agreement contains the entire understanding of the parties, and there are no representations, warranties, covenants, or undertakings other than those expressly set forth herein. F. WAIVER OR MODI FICA nON TO BE IN WRITING - No modification or waiver ofany of the ternls hereof shall be valid unless in writing and signed by both parties and no waiver of any breach hereof or default hereunder shall be deemed a waiver of any subsequent default of the same or similar nature. G. MUTUAL COOPERATION - Each party shall, at any time and from time to time hereafter, take any and ail steps and eKecute, acknowledge, and deliver to the other party any and all further Instruments and/or documents that the other party may reasonably require for the purpose of giving full force and effeclto the provisions of this Agreement. H. LAW GOVERNING. This Agreement shall be construed and governed in accordance with the laws of the Commonwealth ofl'ennsylvania. I. BINDING EFFECT - Except as otherwise stated herein, this Agreement shall be binding and shall inure to the benefit of the parties hereto and their respective heirs, executors, administrators, successors, and assigns. J. NO WAIVER OF DEF AUL T - This Agreement shall remain in full force and effect unless and untilterrninated under and pursuant to the terms of this Agreement. The failure of either party to Insist upon strict performance of any of the provisions of this Agreement shall in no way 13 alTeclthe right of such party hereafter to enforce the same, nor shall the waiver of any breach of any provision hereofbe construed as a waiver of any subsequcnt default of the same or similar noture, nor ahall it be construed as a waiver of strict pcrformance of any other obligations herein. K. HEADINGS NOT PART OF AGREEMENT. Any heading preceding the text of the several paragraphs and subparagraphs hereof are inserted solely for convenience or reference and shall not constitute a part of this Agreement nor shall they affcct its meaning, construction, or effect. L. ADDRESS OF PARTIES. Each party shall at all times keep the other informed of hia or her place of residence, and shall promptly notify the other of any change, giving the address of the new place of residence until all obligations under this agreement have been satisfied. M. WAIVER OF CLAIMS AGAINST ESTATES. Except as herein otherwise provided, each party may dispose of his or her property in any way, and each party hereby waives and relinquishes any and all rights he or she may have or hereafter acquire, under the present or future laws of Pennsylvania or another jurisdiction, to share in the property or the estate of the other as a result of the marital relationship, including, without limitation, dower, curtesy, their statutory equivalents, widow's allowance, homestead rights, right to take in intestacy, right to take against the will of other , and right to act as administrator or eKecutor of the other's cstatc, and each party will, at the request ofthe other, execute, acknowledge, and deliver any and all instruments which may be necessary or advisable to carry into effect this mutual waiver and relinquishment of all such interesta, rights and claims. 14 "T; ..:t '- ..:I ,- f~.: t~: t .i ... I ::~ f~t .. ;<0.., "'. LL .., ';'J '.1 . .- ~f 1:') ;in l""': I~; ~I r, 'Ill U . , ~ !u... F. l:J ..... o. 0' ..) ">. tr) il~ ...:' ~ f.': .. II! ~-' C'. .~ l-::i' ~ .... , ". :'1, Cd :.] l?r: !n f.'; (_i, "j' '" 1>:- , iLl ( .j'~J /.': L.. "1.1. ll. ". r~ j to-.) 0> 0 v. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. fi'J- {,./I.i (I, I'.... C.... J (~n CIVIL ACTION - LAW IN DIVORCE DEBORAH J. CAMPBELL, Plaintiff LEE R. CAMPBELL, JR., Defendant NOTICE TO DEFEND AND CLAIM RIGHTS YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set forth in the following pages, you must take pr.ompt 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 Dauphin county courthouse, Harrisburg, Pennsylvania. IF YOU DO NOT FILE A CLAIM FOR ALIMONY, MARITAL PROPERTY, COUnSEL FEES OR EXPENSES BEFORE THE FINAL DECREE OF DIVORCE OR ANNULMENT IS ENTERED, YOU MAY LOSE THE RIGHT TO CLAIM ANY OF THEM. YOU 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. CUMBERLAND COUNTY COURT ADMINISTRATOR Cumberland County Courthouse, 4th Floor 1 Courthouse Square Carlisle, PA 17013-3387 Telephone I (717) 240-6200 CUNNINGHAM & CHERNICOFF, P.C. Date I tJ.t-.\dli\ \\1'(1':' --" - By I~~~~l' ~cj~~I;i'~':H~~~h~~';\ ~~q~ire I. D. '66266 2320 North Second Street P.O. Box 60457 Harrisburg, PA 17106-0457 (717) 238-6570 (Attorneys for Plaintiff) \ . e. ~ >_ \() \n '-0<.:) -6 ~ ~:; . '1< ...s -. r'\ ~ UI,-, ~........... ~ ~~or.l' r i :';ciJ\~ _ L ~ ~ ~ - t: c u "t .. . ~ B ... = .. g . ..~ ~ ~ -... .~ 0 0911 ~iE '5 .. u .S .t' .~ ~ .. 0 J II u .c 05, - ... o ~ ~ () ~ r \.rl ~ ~ o f' " ~~~ ~ ~ - -41"- ~ciEs ~I~ .1 ,I Ii g I I II'., . .. ~ (',1 '- "'" ;.. f.. .. ~~'.~ Ulr. f~! fir I ~"'.. d. -no ..... fl.. >';:1 It, ~r If) "(j I.... ,'-' ~ c' i\";j ,!: LJ '.Ju... L..; -, ~ r- -:J 0' U '- fl- l"'J ~..~ ;01.' "" '.. '.. -. ,- t'.i .i..r Yj",1 ft- i', ".. '.'01 "- i:f ~rf ~'.. Lt. ., , ' -: ::.J l' I.., .'- Jj'i ". . ..., ,'r_ l.l:k t:J, ';i~j 1':: bJ h. t.... ;','Q. 0 ..... I] Ol -;....... i!: 1', '- .... ..:: (~; t- ., r'. ).,~ ~J.-' 8 ; ~~: ti ~ -';,. -i: I... -... 1-:1 C" :\.- I' ,.., , .F,) .; <\J .... . A.... '"-, L:!.! C~.~ "ii! . J.w j..:: k tf! u. ,.. .:s eJ g, U .. . .. . .. . .- . DEBORAH J. CAMPBELL, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION. LAW v. NO. 95-6113 CIVIL TERM LEE R. CAMPBELL, JR., Defendant IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER t330lfCl OF THE DIVORCE CODE 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 ifl 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. 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.A. ~4904 relating to unsworn falsification to authorities. Date: 'JhoJ91 I I By: LEE R. CAMPBELL r. C") '- ..:t 1 ~: .,r- - I.' .. ',f. Ir ~ \_ I .- ) :~~ ~. "';-.1 ...... In ifl l. N .l.~ n;lJ. OJ 'I[,l fl, t: -'Ill. .' LL I- ::) 0 Il' l,) . .. . .. ~ N '- ~ r-;; j'. ~J .'1..... ~r: . _l t ',: ,- )' . c' ." ..: (.1.... -., -r 1 ,.' ~(; .'- :-:~ ,. In j'll? II 1'; )..... J ,," -;- G:! e3 l}ill [.c. 1.1.. ~t.1t4- b r- I"oj C7' 0 . .. . . .. .