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HomeMy WebLinkAbout95-06118 **~~----~----------_._~-------~ :\--~._.. . . .... ....... .- ..... : *i IN THE COURT OF COMMON PLEAS i . \ :\ 81 ~ ~ ~ ~ ~ ~ ~ ~ ~\ :\ ~ " l * * ~ ~ * ~ ~ ~ 8 * ~ ~ IIv Th. c."l1rl'( : _- 'A~ ~ ! ^lh..I'/ !.-2, L..' ., (, (J )/,. /2:"7'/ ,L.I. ~ , ,/"...-<1,<<" L -~', '-k"'~"""~7 . j ,,'i:7'fC r ~d' f),/f. :.: ~ /,' '/.i\"nllllll1nln'.Y ~ ~J..c,- .a.:~ "w.. ,.:. :>>:.- ~w.. ".>>:: .;.:. .:.:. .:.:. .~:. .:.. .:.;. .:.:. .:.. .:.:. .:.. :.:. .:.: .:.: .:.:. .:.. .:.. .:.. .:.. .:.:. .:.. .:.:. .:.: .:.;' . OF CUMBERLAND COUNTY ~. STATE OF ;~~l PENNA, Mary M. Kendall, N 95-611B I II. ... . ._..Pp.' \1) 96 plalntlff \,,'1",..1\:" Douglas E.. Kendall, ~fendant DECREE IN DIVORCE AND NOW. ]' .~~....I...... Mal"y M. Kendall . .. 19 .96 . . ., it Is ordered and decreed Ihat .... . . . . . . . and. . . . . . . . . . . . .. [):)uglas I,. Kendall are divorced from the bonds of matrimony, . .... . . ., . . . .. . . ., plaintiff. . . . . . . . . . . " defendant, The court retains lurlsdlctlon oltne following claims which hove been raised of record In this action lor which 0 final order has not yet been entered: None ..,....,..."..,' . . .".. .....,..,. ,.". ~ ~, ~ ~ " ~ ~ ~ " ., ~ ~, ~ ~ ~ ~ (: ~ 8 M { . ii \~ ~ ~ I~ \: ,', i~ ~ ~, * :i: ,. ~ ;/.S P6' d~' ~ .-tNt:_rV :t. 4'7/ ~~ ~13 9.:: /,1o<t~ .1(..4/ R 41 ~/.:k,.,- , . u ,,- en lr: .- ~~~ H . :~~ ;;~,: - ~r _; :..1 L.:_ ':-_J ,..." ,) I :! ~~; C. : i(J . ''-- P. ,n 'j L (...'l Ll NOW, THEREFORE, the pnrLles hereto intending to be legally bound hereby do hereby mutWli1y agree as follows: 1. Separation. Husband nnd Wife do hereby mutllll1ly agree WId consent to live separnte and nlllll't and do further agree t118tlt shall be lawful for the Husband and Wife nt all limes here&.ner to live separate and spart from each other, and to reside, from Lime to Lime, at such place or places M they respectfully shall deem nt, free from any control or restrnint or interference, direct or indirect, by each other. 2. No MolClltatlon, lIa.....ment or Interference. Neither party shall molest, har8lll!l or interfere with the other or compel or endenvor to compel the other to col18bit or dwell with him or her by any meWls whatsoever. 3. Mutual Property and Eetate WaIver. Except as otherwise expressly set forth herein, in which event such express provision shall take precedence over this paragroph, the parties hereto intend that from and &.ner the date of this Agreement, neither shall hnve any spouse's rights in the property or estate of the other, and to t118t end both parlies waive, relinquish, and forbear the rights of dower or curtesy, rights to inherit, righta to c1nim or take the Husband or Wife's or family exemplion or allowance, to be vested with leUers ofodministroLlon or leUers teslomentary, or to take against any will ofthe other, and each agrees with the other if either should die intestate, his or her share shall descend to vest in his or her heirs at law, personal representaLlves, and next or kin, excluding the other as though he or she had died 0 widow or widower. And each further agrees that should the other die testate, his or her property shall descend to and vest in those persons set forth In the other'o Last Wiu WId Tesloment as though the spouse so designated M beneficiary had predecensed the testator. The parlies further agree that they may and can hereafter, as though umnnrried, without nny joinder by him or her, sell, convey, transfer or encumber any and all renl estate nnd personal property which ellher of them now or herealler own or possess and further agree that the recording or this Agreement shall be conclusive evidence to all of his or her right to do so. The snid Husband IlI1d Wire do hereby irrevocably grWlt, each to the other, should the exercise of this power hereby given be necesllll/'Y, the right and the power to nppoint one or more times any person or persons whom the Husband or Wire shall designate to be the allorney.in.fact for the other, In their lWlle and In their stead, to execute and acknowledge any deed or deeds, releaaea, quit claims, or aatlsfactlons, IUlder seal or otherwise, to enable either party hereto to alienate hla or her real or perlOnaI property, but without any power to Imp08e personal UabWty for breach of wllI'ranty or otherwise. Each of the parties hereto further walves any right of election contained In Chapter 22 of the Pennsylvania Probate Est.ates and Fiduciaries Code, and any right to seek or have an equitable distribution of married property ordered by the Court subsequent to Bectlon 3502 of the Divorce Code. Each of the parties hereto further agrees that neither shall hereafter be under any legal obligations to support the other, pay any expenses for maintenances, fwleral, burial, or otherwise for the other, and to that end each of the parties hereto does hereby waive any right to receive support, alimony, alimony pendente lite, counsel fees, expenses, or any type of finanelal888lalance whatsoever from the other, except III otherwiae expressly provided for herein. 4. Child Custody. The parties agree to have joint legal custody of the children. The wife shall have primary physical custody of the ehildren subject to the following periods of temporary phyBlca1 euslody In the father: A. Every other Tuesday from 6:00pm unlU 6:00pm Wednesday, B. Every other Baturday from 12:00pm until 8:00pm Bunday. C. Alternating holidays from 10:00am until 8:00pm. The holidaya that will be alternated are: New Yelll"s, Memorial Day, Independence Day, Labor Day and 'l'hankagIvIng. D. In odd numbered yelll's, the husband shall have the children from 12:00 noon December the 24 until 12:00 noon December the 25. In even numbered yelll's, the husband sh.aII have the children from 12:00 noon December the 25 unlll12:00 noon December the 26. E. Both parties shall each be entllled to 14 consecutive days during the summer school vacation. The parties shall noUfy each other by May 30, of when their 14 consecutive days shall take place. F. Not wlthslanding any other division of this agreement, husband shall be entitled to the children from 10:00RIII unlU 8:00pm on Father's DSYi mother shall be enlllled to the children from 10:00am unlll 8:00pm on Mother's lJay. G. Al such olher tlmeslUl lhe parties ma,y mutually agree. 0, Support The parlles agree thallhe amounl of child support and lhe medical care for lhe children IhalI be delennlned by lhe Domestic Relatlolll Office of Cumberland County. O. Division of Pel'lOnal Property. a. The parties have divided lheir personal properly 10 their mulual Mlllfacllon. Henceforth. each of lhe parties shall own, have and el\loy, Independenlly of any claim of ri8\tl of lhe olher party, Il1I Ilems of personal property of every kind, nature and description and wherellOOver sltualed wltlch are now owned or held by or wltlch ma,y hereinafter belong 10 lhe Huaband or Wife respectively, wilh fu\l power 10 the Huaband or Wife to dlIpose of lhe MlDe 81 IW1y and effectua1ly In Il1I respecls and for all purposes 81 if he or she were unmarried. b. The parties agree lhal lhe 1902 GMC Jimmy shall be lhe eole and exclualve property of the Huaband and lhallhe 1902 Buick Skylark shall be lhe 80le and eKclualve property of lhe Wife. c. PerlOnaI effecta. AIIllems of personal effect such IUI bul nolllmlled to Jewelry, IUIQllIi1!, sports equlpmenl, hobby collections and booka bul nollncludlng furnllure or any olher properly, personal or olherwll8 speclflcal1y disposed of pursuanllo lhla 811'eemenlshall become lhe 8baolule and IOle properly of lhe plU'ly who 1181 had lhe principal U8e lhereof or 10 whom lhe properly WM given or form whom II WM purclwed, and each party hereby surrenders any Inleresl he or she may have In such tangible personal property of the other. 7. Debla. a. TI18 parties agree Ihallhe Husband shall8llume nil Jolnl marllal debls and any debta Incurred solely In his lIame; the Wife shall Msume nil debls Incurred lOisI)' In her name. The parties furlher agree Ihal lhey shall hold lhe other plU'ly harmle88 from and indemnified each olher from any and nllllnbllity on lhe Msumed debls. 8. Futuro Deb18. The parties further agree that neither will Incur Ill\Y more further deb18 for which the other may be held IJable, and If either party Incurs a debt for which the other wiU be liable, that party incurring such debt wiU hold the other harmlcss from any and 8ll )I~biUty thereof. 9. Real Property. The parties own a marital home at 192 Mountalnview Road, Mt. Holly Springs, Cumberland County. The Husband shall continue to Uve In the marital home and be responsible for 8ll mortgages, taxes, Insurance, utlUtles, maintenance and other costs that are attrlbu18ble to the property. If the house Is sold to a third party within one year of the date of the divorce, the net proceeds shall be first appUed to Ill\Y outstanding joint marital debts wiU be divided equBily between the parties. If the marital Is not sold within one year from the date of the divorce to a third party, the Wife shall deed the property to the Husband provided however he refinances the mortgages, removing her name therefrom and provided further he 888umes 8ll the joint marital debt agreeing to indemnify and hold her hannleas therefrom. 10. Waiver of Alimony. In consideration of the mutual agreement ofthe parties voluntarl1y to Uve 8ep8J"l1te and apart and the provisions contained herein for the respective benefit of the parties 8I1d other good WId valuable consideration, the parties agree to waive Ill\Y and 8ll claims for Ill\Y alImOI\Y. 11. Pension. Both parties agree to waive any claims they may have to Ill\Y pension or employment benefits of any kind, Cll/'lled during the marriage, by the other party. 12. Counsel F_ and Court C0818. The parties agree to share all court costa Incurred In the prep8J"l1t1on and flIlng of the Divorce Action Cllptloned at No. 95.6118 Civil Term. Irelther party Incurs any other court costa over and above those 8880clated with this Divorce proceeding Cllptloned above, those costa shall be born by that party exclusively. Each party agrees to be responsible for their own counsel fees. 13. DIvorce. The parties acknowledge that an action for divorce between them has been flied by Wife and Is presently pending divorce between them In the Court of Common Pleas of Cumberland County to the Cllptlon Mary M. Kendall v. Douglll8 E. Kcndall, Defendant No. 95.6118 Civil Term. The parties acknowledge their Intention and agrcemcnt to proceed In 881d action to obtain a final decree In divorce by mutual cOlIsent on the grollnds thnt their marriage Is Irretrievably broken, and to settle amicably and fully hereby all claims raised by either party in the divorce acllon. The parlles acknowledge they have executed simultaneously herewith the necellll8/'Y Affidavllll of Consent fcr the entry of a final divorce decree in that action. 14. Breach. [n the event that either party breaches 8I1Y provialon of thil BeJl8l'llllon 8I1d Properly Bettlement Agreement, he or she shall be responsible for any and all coslllincurred to enforce the terms hereof, including, but notllmlted to, court coslll and rellSOlIBble cOUllBel fees of the other party. In the event of breach, the other party shall have the right, at hiI or her election, to sue for damages for such breach or to seek such other and addlllonal remedies 88 may be avallllble to him or her. 16. Enforcement. The parlles agree that this maritalseulement agreement or any part or perla hereof may be enforced in any court of competent jurisdiction. 16. Applicable Law and E.ecutlon. The parties hereto agree that thil marital settlement agreement shall be construed under the laWl! of the Commonwealth of PennsylV8l1ia BIld shall bind the partlea hereto and their respecllve heirs, executors BIld 88lIigne. This document shall be executed 88 origlnalBlld mulllple copies. 17. The Entire AtP-ment. The parties acknowledge BIld agree that thil marital seUlement agreement contains the enllre understanding of the parties BIld eupersedes any prior agreement between them. There are no other representations, wBrranlleB, promlBeB, covenants or understandingB between the parlles other than those expre..ly Bet forth herein. 18. Incorporatlon and JudlPDent for Divorce. In the event that either hUBband or wlf'e at any lime hereafter obtain a divorce in the acllon for divorce presently pending between them, or otherwise, thil agreementBlld all orllll provlslollB shall be incorporated into any Buchjudgment for divorce, either directly or by reference. The Court, on entry of judgment for divorce, Bhall retain the right to enforee the provlBions and terms of thiB nwltal Bettlement agreement. 19. Additional In8tMlmenla. Each of the parlles Bhall on del1\lllld or within a re880nable period thereafter, execute BIld deliver any BIld all other documentll and do or cause to be done any other act or thing that may be necellll8/'Y or desirable to effectuate the provisions BIld purposes of this WHEREFORE, Plaintiff requests your Honorable Court to enter a decree In dlvorce. COUNT II . CUSTODY 12. Paragraphs HI are incorporated herein by reference M if set forth In their fuJ1tellt. 13. PlnIntiffseeks custody of her children, Amandn Kntherlne Kendall, born February 7. 1987, nod Megan Tyler Kendn1l, born May 7, 1992, currently residing at 192 Mounl8ln View Rand, Mt. HolJ,y Springs, Cumberlnnd County, Pennsylvania. 14. TIle children are presenlly In the custody of PlnIntlfT nod Defendant. Iii. Over the ....tllve years, the children hnve resided In Cumberlnnd County. Pennsylvania, with both the PlalntlfT nod Defendant. 16. The naturnl mother of the children Ia Mary M. Kendall, currently residing at the above- stated addrell8. 17. TIle natural father of the children is Doug\aa E. Kendall, currently residing at the above- stated addrell8. 18. The relationship of the PlalntlfT to the children is that of naturnl mother. 19. TIle relationship of the Defendant to the children is that of IUlturaJ father. 20. The Plaintiff hM not pnrticlJl8ted M a party or In any other capacity, nod other Utlgation concerning the custody of the child In this or noy other court. 21. Plaintiff hllll no Information of a custody proceeding concerning the children pending In a court of litis Commonwealth. 22. The best Interests and permanent welfare of the ehlldren wllI be served by granting the relief requested because the Plaintiff Is the prl/lUU')' caregiver with respect to the children. 23. EACh pMent whose pnrenlnl rights to the children have not been terminated have been named M parties to Ihls action. No olher pereons are known to have or claim to hnve any rlghta to eustody or visitation of the children other tiUUllhe parties to this Bction, "'~ '.. co ~- l-c r. .. < c. - " ~; ..- I; . if L... ::i I '.:> 63: I . . rE' ~ If!J . ~-. " Hl "' L' 01 i.i '" ~) '-. co ,.. f---:' , - 1-., " , .- lr',5: . - "} . ~ " , If!; u: , J' :::.1 ~( ,") :} .' JJ~. I , c1l r. ';'1 I ". 1(, t~ ~"j Q U A. . " .. . ~J '.- co .'- f.- o.. , , i. , .~ .- 'I l'h " , It!, u- .. ~...l 9: "., . 'Il @~. I 1"'-' : ~.; U:" r:. 'Ii;) . ':J. ,- II. I() ..! L' C' '..._1 . ..,.. ,- . !f..'} '-. C;) -.. !"! r i .. U1l ,-. u. ... " [t; u.. ..~ gL t.'" ,".1 , -, . .'; lIt c.: -.it] I : :l:- 'L 'I'J ;.1 (.' <.Jl '.1 . '" . . . '" .