HomeMy WebLinkAbout95-06257
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IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY
STATE OF '* PENNA.
BRAD WILLIAM FREE,
Plaintiff
No. (i25Ld' ,"C.,U'H" 1995
VI'I'~lI!l
Defendant
DECREE IN
DIVORCE
ANDNOW.".~~..fJ.".",. 19,q,~, It Is ordered and
decreed that,. .~~!\.~ ,1:I~~.~I~~l, ,~~~~"""",...,....,',."..,' plaintiff,
and,.....".". ~,~~~~. .~~y, .F.~~~""..,."",.,.",..,..,..,. 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. Marital. Separat.ion, Agreement, datG'd, ,Fobrum;y, 1.,..1 \l96, .
is attached hereto and is hereby incorporated into this Decree.
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for lpollNl mllntenlnce Ind/or IUpport. llimony. counlel feCi and COltl; and
WHEREAS. HUlblnd il repl'Clented by legll counlel who h.. adviled him and her of hla
I'CIpective righll. privilegCl, dutiCl and obligationl relative to their property righll and intel'ClII,
relative to alimony and lpouaal IUpport; and
WHEREAS. Wife il unrepreaented by legal coumel. and underatandl that Ihe haa the right
to obtain aeparate reprClentatlon in thi8 maller, but choo8ea not to do 80.
NOW. THEREFORE. the partie8 hereto. intending to be legally bound hereby. do covenant
and agree al follow8:
1. VOLUNTARY AGREEMENTl TIle parties acknowledge and agree that thil
Agreement II entered into voluntarily 8nd lifter due deliberation by each of them.
2. DIVORCE ACTIONl TIle parties acknowledge their Intention Ihat the action for
divorce between them will be finalized upon their mutual conlentto the entry of a final decree in
divorce on the groundl that their marriage 18 irretrievably broken. and that all the claiml which h.ve
been or might be railed by either party in the divorce action will be lellled in accordance with the
terma of thi8 Marital Seulement Agreement. TIle pllrtie8 acknowledge thllt they have executed
.imultaneoully herewith the necealary Affidavitl of Conlent for the enlry of a final divorce decree
on lueh terma.
3. SURVlV AL OF AGREEMENT. TIli. Agreement and all wllrranties and
repl'Clentatlon8 herein 8hall .urvive any divorce proceedinll" between the Jlllrtiea or any Divorce
Decree which lIIay be entered and 8hall continue to be enforceable in accordance with III terma,
Except al otherwlle 8et forth herein. no Court may change the terma of Ihl8 Agreement, and it .hall
be binding and conclu8ive upon the Pllrtie. 88 though entered 118 in 8 final Order of Court reaolving
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all economio illuea between the plrtics in a divorce 8ction, An action mlY be brought at law, in
equity or purauant to the provilionl of the Divorce Code to enforce thil Agreement by either
Hueband or Wife. No Court may change the term8 of !hi8 Agreement. except al may herein otherwile
be expreall y provided.
4. PROPERTY I The partiel 8gree that 81 of the date of 8igning of thil Agreement. they
have diltributed all penon81 property, debl8. and other maritala88et8 in a manner acceptable to each
of the Plrtiea. Each party i8 to retain full ownenhip intereat of any property now in hi8 or her
pollealion.
With respect to the marital home located at 229 Walnut Street. Carli8le. Cumberland
County, Pennlylv8nia. the partiea agree a8 follow81
a. Wife shall have until Augu8t 31.1996. to obtain refin8ncing on thi8 home. In
connection with the refinancing, HU8band will convcy and execute any document8 neccslary to
tranlfer hil intereat in thi8 property by deed. 80lely to Wife. Wife agreea that the refinanoing that
Ihe obtaim will be utilized to fully 8atisfy the outstanding mortgage which currently exiat8 on the
property and \axea and utility bills due ana owing in connection with the property 8hall be up to
date. aa of the date of refinancing. In connection with the refinancing, Wife will pay to Husband
Twenty-Five Thousand Do1l8rs (525.000) in full seulement of any claims he may have in the real
property or otherwi8e connected wilh the murriage.
b. IrWife is unable to obtuin refinancing by August 31. 1996. the partie'll agree that
the property 8hall be placed on the market for 8ale through a mutually agreed upon realtor. If the
partlea are unable to agree upon a realtor. they will a8k Samuel W. Milkes. Esq.. allomey for
HUlband to deaignate a realtor. TIle purtie8 further agree that the property 8hall be listed on the
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market in an amount repreaenting the realtor'l bClt eatimate BI to its current appropriate lilting
amount and that they will accept sny realonable orrer.
c. If the house is placed for sale on the market, the proceeda will be split equally
and out of Wife's portion of the proceeds, the home equity losn for the Saturn automobile will be
paid, to the extent of the amount of this bill due and owing ss of Augult 31, 1996,
d. At present, and continuing through the time of refinancing or sale, Wife shall
continue to have the right to exclusive posscssion of the maritsl home and Wife shall maintain 80Ie
reaponlibility for all financial obligations connected with the purchale of the home, insuring of the
home, and utilities for the home.
5. EXECUTION OF DOCUMENTS. Each of the partiCl shall, from time to time at
the requeat of each other, execute, acknowledge Bnd deliver to the other party any and all further
instruments that may rea80nably be required In order to give full force and errectto the provisions
of this Agreement.
6. COUNSEL FEES. Each party agrees to be individually responsible for all court
costl, filing fecs, attorneys feCI and other costs and expenses he or she lIIay have incurred in
connection with the divorce action between the parties and the preparation of this Agreement.
7. MUTUAL RELEASE I Except as provided for in this Agreement, the partiea hereby
remile, release, quit-claim and forever discharge each other and the estate of each other, for all time
to come, and for all purposcs whatsoever, from any and every elnim, including nlimony, alimony
pendente lite, equitable distribution of marital property, counsel fees or costs under the Divorce
Reform Act or spousal support, exccpting only such rights of inheritance or other claims that they
may make or hereafter make in and to or against eneh other's estates or nny parts IhcrL'Of, by way
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or dower or curteay, or under the inteatate lawI, or the right to take or eleet againltthe other'. will,
except a. expreally limited by the terms of this Agreement.
8. NON.W AlVER. TIle failure or either party to imist in anyone or more inltaneea
upon the Itriet performance or any of the terml hereor in thll Agreement Ihall not be conltrued 81
a waiver or relinquishment of such term or terms in the future.
9. BREACH. In the event that either party breachea any provision or this Agreement,
he or Ihe shall be relponsible ror any and all COlt I incurred to enforce the Agreement, including,
but not limited to, court COlts and counsel fees or the other party. In the event or breach, the other
party shall have the right. at his or her election, to sue ror dalllagea for such breach or to leek such
other and additional remedies as lIIay be avoiloble to him or her.
10. ENFORCEMENT. TIle parties ogree that the lenns or this Agreement may be
entered as a separate Order or Court, and thot ony part or parts hercor lIIay be enforced in any court
of competent Jurildlctlon.
11. FURTHER ACTS OF THE PARTIES. TIle parties agree that they will take luch
acts or execute luch documentl as arc necessary to errectuate the tenns of this Agreement.
12. APPUCABLE LAW AND EXECUTION. TIle Ilarties hereto agree that this
Agreement shall be comtrued under the laws or the Commonwealth or Pennsylvania, and shall bind
the partiea hereto, and their respective hcil"ll. executors IInd IIssib'lIS. TIlis Agreement shall bc
executed as original in lriplicllh!.
13. ENTIRE AGREEMENT. TIlc parties acknowledge and IIgree thatthia MARITAL
SETTLEMENT AGREEMENT contains the entire undenllall<ling or the parties snd superaedes
any prior agreement bctween them. TIlere are no other representations, warrantiea, promisea,
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COMMONWEALTH OF PENNSYLVANIA
SSI
COUNTY OF CUMBERLAND
On thil, th~ day of ' 1996, before me, a Notary Public in and for the
aforeaaid Commonwealth and County, e nslly appeared BRAD W. FREE, known to me, or
latilfactorily proven, to be the person whole name is lubscribed to the within instrument and
acknowledged that he executed the same for the purpose thereillcolllsilled.
IN WITNESS WHEREOF, I hereunto sel
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v.
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY,
: PENNSYLVANIA
95-~.5/ ca.;AY~
: NO. CIVIL TERM
BRAD WILLIAM FREE,
Plaintiff
SUSAN KAY FREE,
Defendant
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: IN DIVORCE
~OT{OE 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 prompt action. You are warned that if you fail
to do 80, the case may proceed without you and a decree of divorce or annulment ma,y
be entered against you by the Court, Ajudgment may also be entered against you for
any other claim or relief requested in these papers by the PlaintUT. 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, Cumberland County Courthouse, Carlisle,
Pennaylvania 17013.
IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DMSION OF
PROPERTY, LAWYER'S FEES OR EXPENSES BEFORE A DIVORCE OR
ANNULMENT IS GRANTED, 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 WBERE YOU
CAN GET LEGAL HELP.
COURT ADMINISTRATOR
CUMBERLAND COUNTY COURTHOUSE
CARLISLE, PA 17013
TELEPHONE: 717.240.8200
OT."..."._.,>...'....."4~
v.
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY,
: PENNSYLVANIA
95'-t,.;:J,5 '1 ~.;J~
: NO. CIVIL TERM
BRAD WILLIAM FREE,
PlaintitT
SUSAN KAY FREE,
DeCendant
: IN DIVORCE
NOTICE TO DEFEND AND CLAIM RIGHTS
You have been sued in court. If you wish to deCend against the claiJJ1lll'3t Corth
in the Collowing pages, you must take prompt action. You are warned that if you fail
to do so, the C8IIIl may proceed without you and a decree oC divorce or annulment may
be entered against you by the Court. Ajudgment may also be entered against you Cor
any other claim or relieC requested in these pap<lrB by the PlaintitT. You may lose
money or property or other rights important to you, including custody or visitation of
your children.
When the ground Cor 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, Cumberland County Courthouse, Carlisle,
Pennsylvania 17013.
D' YOU DO NOT FILE A CLAIM FOR ALIMONY, DMSION OF
PROPERTY, LAWYER'S FEES OR EXPENSES BEFORE A DIVORCE OR
ANNULMENT IS GRANTED, YOU MAY LOSE THE RIGHT TO CLAIM ANY
OF THEM.
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. D'
YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR
TELEPHONE THE OFFICE SET FORTB BELOW TO FIND OUTWBEREYOU
CAN GET LEGAL HELP.
COURT ADMINISTRATOR
CUMBERLANDCOUNTYCOURTBOUSE
CARLISLE, PA 17013
TELEPHONE: 717.240.8200
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1 verify that. the ltat8ment. made in thiI Complaint are true r.nd correct. 1
UJUlentaDd that. falle .tatemllut. herein are made .ubject to the penaltie. of 18 PLC.8.
I 4904, relatinl to \lIlIworn falIiftcation to authoritill.
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BRAD WILLIAM FREE, : IN THE COURT OF COMMON PLEAS OF
Plaintiff : CUMBERLAND COUNTY,PENNSYLVANIA
v.
.
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: NO. 95.6257 CML TERM
1. A complaint in divorce under Section 3301(c) of the Divorce Code was
meet on October 31,19915.
2. The D1llITiage ofplaintlft' and defendant is irretrievably broken and ninety
days have elapBecl flom the date of ftling the Complaint.
SUSAN KAY FREE,
Defendant
.
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: IN DIVORCE
AFFIDAVIT OF CONSENT
3. I conBent to the entry of a final decree of divorce after service of notice
of intention to requeat entry of the decree,
I verify that the statements made in this aftIdavit are true and correct. I
understand that talBe stqtements herein are made subject to the penalties of 18 PaC.S,
. 4904 relating to unsworn faleification to authorities.
Date: ~ /9&' Bud t./,.Lt.JIf/lf fk.t..
, BRAD WILLIAM FREE
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BRAD WILLIAM FREE, : IN THE COURT OF COMMON PLEAS OF
Plaintiff : CUMBERLAND COUNTY,PENNSYLVANIA
v.
.
.
: NO. 95-6267 CML TERM
SUSAN KAY FREE,
Defendant
.
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: IN DIVORCE
AFFmAvrr OF CONSENT
1. A complaint in divorce under Section SSOI(c) of the Divorce Code wu
mecl on October 51, 19915.
2. The marriap of plain tift' and defendant il irretrievably broken and ninety
~I bave e1apled from the date of ft1ing the Complaint,
5. I conaent to the entry of a ftna1 decree of divorce after ..rvice of notice
of intention to requelt entry of the decree.
I verify that the lItatementl made in thil afIldavit are true and correct. I
undentaDd that falle Itqtementl herein are made IUbject to the penaltiel of 18 Pa.C.S.
I 4904 nl~tinl to unlworn fe1aiflcation to authoritiel.
Date: ~h'~
3~ Jc.. 7.,U.L
SUSAN KAY FREE
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BRAD WILLIAM FREE, : IN THE COURT OF COMMON PLEAS OF
PlalntU!' : CUMBERLAND COUNTY,PENNSYLVANIA
v.
.
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: NO. 96.6267 CML TERM
SUSAN KAY FREE,
Defendant
.
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: IN DIVORCE
WAIVER OF NOTICE OF INTENTION TO REQUEST
ENTRY OF A DIVORCE DECREE
UNDER . 8801(0) OF 'I1IE DIVORCE CODE
1. I coneent to the entry of a fInal decree of divorce without notice,
2. I understand that I may loee rights concerning alimony, division of
property, lawyer's fees or expenees if I do not claim them before a divorce iSll'anted.
S. I understand that I will not be divorced until a divorce deerea is entered
by the Court and that a copy of the deeree will be Bent to me immediately after it is
IDed with the prothonotary.
I verif,y that the statements made in this afDdavit are true and correct. I
understand that falee statements herein are made subject to the penalties of 18 PLC,S.
I 4~ relating to unsworn falsification to authorities.
Date: '"5~/~&.
~ Yo ::;t)~,
SUSAN KAY FREE
,
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: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY,
: PENNSYLVANIA
: (15-M!11
: NO. C1\11L TERM
BRAD WlWAM FREE,
Plaint1ft'
BUSAN KAY FREE,
Defendant
.
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: IN DIVORCE
,.CCEPTANCE OF SERVICE
1 conftrm that I received and accepted IIIlrvice of the Divorce Complaint
IDed in thia matter, and I recognize that I am the Defendant in thiB action.
Date 1 received Divorce Complaint t'" . .31
Date I am qning this document ;J~- / cf'..
.1995
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, -it86
3LJRPV ~ '1~
BUBlUl Kay e
229 Walnut Street
CarHBle, PA 17013
IN 'l'HE COURT OF COMMON (1lJEAS Of CUMBERLAND COUNTY. PENNSYINANIA
,
CIVIL ACTION - LAW
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NO. G, ,~(j 7
CIVIL 19 qt(
i?yz GCl. /01/1, c- ." r;Z..: c
Plaintiff
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:
Notice is hereby given that the Plaintiff in the above matter,
having been granted II Final Decrce in divorce from the bonds of
iMtrimony on the /:3 I~ day of ~bQu.a.('J. ' 19 Ek., hereby
elects to retake and hereafter use her previous name of
5u (NJ.AJ. ~ na.\J.d
...j~w:;!,;V /~:h-7..ML,
(Signature - rnu;ried l1i.tre)
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IlCTICIl IN DIVORCE
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NOTICE OF ELECTION TO RETAKE FORMER NAME
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(Si~ture - t:4J be krlmlD as)
COMMONWEALTH OF PENNSYLVANIA .
COUNTY OF CUMBERLAND .
ss.
On the ~ day of ~~1l1 ~O,~ ; 19~, ,before, II
Notary Public, personally appeared "C:; I .\lh 'Yl~*~~L'l Q J , known
to me to be the person whose name is subscribe~ to the within docu-
ment, and acknowledged that she executed the foregoing for the pur-
pose therein contained.
IN WITNESS WHEREOF, I have hereunto set my hand and Notarial
Seal.
Ofrn /}'/ I11lm . (('-tf:r;
Notary Public
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