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HomeMy WebLinkAbout95-06321 :;;; ,~~~~~_~~~~~~_*-----_t_--------~ 8 ~ "~_...,-,---~".._' .~. '. .....- ",.... ' , ' .' .. ...~.... ..,.-... l!I ~ l!I ~ IN THE COURT OF COMMON PLEAS ~ 8 l!I 8 8 8 8 8 l!I l!I .. ., 8 8 l!I e ~ 8 8 8\ ~ i 8 ~ 8 8 8 8 8 l!I . . - - . . . II .- OF CUMBERLAND COUNTY STATE OF '*, PENNA. LOUISE RYND TANIDIK, Plaintif f 'dd"ll)95 ;\ II, 6321 \' l'I'...Il~ CAKAN OSMAN TANIDIK, Defendant DECREE IN DIVORCE AND NOW, . , f"(!1t,"11,)1 , ' t"tt. decreed that LQUI/iE IWtiO rlltilP1K and, , ' , ' ,CAK.I\N. OSt>!~NT1\NlpIK are divorced from the bonds of matrimony, 199,7 .' , It Is ordered and '. plaintiff, ., defendant, The court retains jurisdiction of the following claims which hove been raised of record In this aelion for which 0 Ilnol order has not yet been entered; None. All matters have been resolved pursuant to tho Bettlement Agreement reached by lho partlos daled March arid incorporated, but not rnorged, inlo the IJect'ee. Mar ita I 'i, 1996, :,'"..'. 'J.~~~.~44i".4~ U 'U~1,',,' I. ~'(t ,.(;"'/h;; Itlll,J(I>II11I,tl\ ~ '=' e " ., ,;, " l!I 8 8 ~ ~ 8 8 M t; 8 8 M ! : jl!l 8 l8 18 !' ,I!l \l!I ,~ I: ,tel , ;~ "'~ ~ ~ ~ ~ ~ ;: Ii II ,. ~ ~. . '. .... . .. ~._ i. :.. =- ~.' cY .,;x .-;1") tit!. ~~/; '#~/'!v~-i' a:zj ~~.$'~ ~)'.,,)6' 4') 'l"~i IJ.\::(..(:y~ d?'f .t:.k1 SAIOIS,OUUlO, SUUt'}' II< MASI.ANII 26 W lII.h 61ml C.,II.le.I'^ releases the other from any and all claims, or demands up to th date of execution hereof. (3) The parties are the owners of certain real estate wit improvements thereon erected known as 3005 Yale Avenue, Camp Hill, Cumberland County, Pennsylvania. Wife agrees to convey her interest in said real estate by special warranty deed. Husband shall assume full responsibility for all household expenses, including but not limited to the mortgage to Harris Savings Bank, utility bills, repair bills, insurance and real estate taxes in connection with said property. With regard to such expenses, Husband agrees to hold Wife harmless and indemni her from any loss thereon. Husband will use his best efforts to refinance the mortgag t(l~'t^,' on the property \I'tj~" . l!J~~-'t~Keifgl\~~'~~J:l8I-{.~; .to remove Wife's name from said property. Upon the refinancing of said property, Wife agrees to execute the Deed conveying her interest contemporaneously with the refinance of said property. (4) Husband ohall pay as a cash payment to Wife the sum 0 Fifteen Thousand Dollars ($15,000.00) in exchange for the mutua covenants of this Agreement. (5) In the event that either party contracted or incurred any debts /Jince the date of oeparation on November 3, 1995, the party who incurred said debt shall be responsible for the payme t thereof regardless of the name in which the account may have be charged. lIusband and Wife acknowledge and agree that they have no SAIDIS, GUIDO, SIIUt'F " MASJ.AND 26 W. lliah S""" Carlide,IJA . . outstanding debts prior to the signing of this Agreement. (6) Each party relinquishea any right, title and interest he or she may have to any and all motor vehicles currently in possession of the other party, including the 1995 Honda Accord i the possession of the Wife and the 1988 Ford Tempo in the possession of the Husband. Wife agrees to refinance the lien against her vehicle to th Pennsylvania State Employees Federal Credit union and remove Husband's name from said debt. With respect to said encumbrance Wife agrees to hold Husband harmless and indemnify him from any loss thereon. Each party shall elcecute any documents necessary to have said vehicles properly registered in the other party's name with the Pennsylvania Department of Transportation. (7) The parties hereto mutually agree that they have effected a satisfactory division of the furniture, household furnishings, appliances, tools and other household personal property between them, and they mutually agree that c~ch party shall from and after the date hereof be the sole and separate owner of all such property presently in his or her possession whether said property was heretofore owned jointly or individually by the parties hereto. This agreement shall have the effect of an assignment or bill of sale from each party to the other for such property as may be in the individual possession of each of the parties hereto. (8) Each party hereby relinquishes any right, title or interest he or she may have in or to any intangible personal property currently titled in the name of or in the possession of SAlOIS, GUIDO, SHUFF .. MASLAND 26 W. tll.h Stn:<t Carllll.. PA . . the other party, including the Wife's Thrift Account and pension at the Pennsylvania State Banker's Association, and Husband's 401K plan through Sears known as The Savings and Profit Sharing Fund for Sears' Employees. The parties further agree that Husband will be the sole owner of the remaining marital bank accounts. (9) Except as otherwise provided herein, Husband shall not pay to Wife nor Wife to Husband any sum whatsoever as alimony, alimony pendente lite, or for his or her support or maintenance. (10) Each party is now represented by counsel of his and he own choice, Johnna J. Deily, Esquire for Husband and Barbara Sump1e-Sullivan, Esquire for Wife. Wife agrees to pay all of Husband's attorney's fees incurred by Husband throughout the divoce proceedings. (11) Neither party shall contract or incur any debt or liability for which the other party or his or her property or estate might be responsible and shall indemnify and save the other party harmless from any and all claims or demands made against him or her by reason of debts or obligations incurred by the other party. (12) Each of the parties shall from time to time, at the request of the other, execute, acknowledge and deliver to the other party any and all further instruments that may be reasonably required to give full for.ce and effect to the provision of this Agreement. (13) The parties agree to join in the filing of a 1995 join federal, Pennsylvania and local income tax return if it is SAID IS, GUIDO, SIIUFF & MASLAND 26 W, III.h 5"".' Carllllt,IIA . . mutually beneficial to both parties. In the event that a joint return is filed, the parties shall share equally in the preparation, expenses as well as liabilities, if any. The parties will share equally in any refund. (14) The parties do hereby warrant, represent, acknowledge and agree that each is fully and completely informed of, and is familiar with, the wealth, real and personal property, estate a assets, earnings and income of the other and that each has made full and complete disclosure to the other of his and her entire assets and liabilities and any further enumeration or statement thereof in this Agreement is specifically waived. (15) Husband and Wife acknowledge that each of them has read and understand his and her rights and responsibilities und this Agreement and that they have executed this Agreement under no compulsion to do so but as a voluntary act. (16) It is further specifically understood and agreed by and between the parties hereto that each party accepts the provisions herein made in lieu of and in full settlement and satisfaction of any and all of said party's rights against the other for past, present and future claims on account of support, maintenance, alimony, alimony pendente lite, counsel fees, cost and expenses, equitable distribution of marital property and an other claims of each party, including all claims which have bee raised or may be raised in an action for divorce. (17) Except as may be otherwise specifically provided in this Agreement, Husband and Wife, for themselves, their heirs, representatives and assigns, each hereby forever releases, SAlOIS, GUIDO, SHUFF .. MASLAND 26 W. lIIah 51"'" Carll.I..I'A ., remises, discharges and quitclaims the other, and such other's heirs, representatives, assigns and estate, from and with respec to the following: A. All liability, claims, causes of action, damages, costs, contributions, expenses or demands whatsoever in law or in equity; B. All rights, title, interest or claims in or to any property of the other, whether real, personal or mixed and whether now owned or hereafter acquired; C. All rights of curtesy and dower and all claims or rights in the nature of curtesy and dower; D. All widow or widower's rights; E. All rights, title and interest or claims in or to the other's estate, whether now owned or hereafter acquired including but not limited to all rights or claims: (1) to take against the other's will; (2) under the laws of intestacy; (3) to a family exemption or similar allowance; and (4) all other rights or authority to participate or intervene in a deceased spouse's estate in any way, whether arising under the laws of Pennsylvania or any other country, territory, state or political subdivision. F. All rights or clsims to any accounting I G. All rights, claims, demands, liabilities and obligations arising out of or in connection with the marita SAIDIS, GUIDO, SIIU....' " MASJ.AND 2~ W, ItI.h 5'"" Carllll,.I'A .. relationship or the joint ownership of property, whether real, personal or mixed; H. All rights, claims, demands, liabilities and obligations arising under the provisions of the Pennsylvani Divorce Code, Act 26 of 1980, as the same may be amended from time to time, and under the provisions of any similar statute enacted by any other country, state, territory or political subdivision; I. All rights, claims, demands, liabilities and obligations each party now has, or may hereafter have, against or with respect to the other. (18) This Agreement shall be construed under the law of the Commonwealth of Pennsylvania. If any provision of this Agreemen is determined to be invalid or unenforceable, all other provisions shall continue in full force and effect. (19) In the event that either of the parties shall recover final judgment or decree of absolute divorce against the other i a court of competent jurisdiction, the provisions of this : 'to' Agreement may be incorporated by reference or in substance but shall not be merged into such judgment or decree and this Agreement'shall survive any such final judgment or decree of absolute divorce and shall be entirely independent thereof. (20) In the event that either party breaches any provision of this Agreement, and the other party retains counsel to assist in enforcing the terms thereof, the parties hereby agree that th breaching party will pay all attorney's fees, court costs and expenses incurred by the other party in enforcing the Agreement. 6-. .:!f .. U-' .1- 1 <. b (!-, ~. -" '~ \:\ > . ..... ;~) ~. .:f " I' ('I ' . ..~ \ -". t ~:l ,(:.1 \.l-; .' U. r-, ..... \:) ,- i, .) O' "- .:1' o. f:; 11' f; .. ; ) IV '.. ) ~r: ) ~ o. ) "j <, .::t '/" L 1,0, '" I. . . -, a:l!.' ru itj] .Ja. f:: L.... " b r- "J 0" U '>. ..:r n: II: t .. I::; \I( (.~ ( .. 1 :~-t [f. ~ ".. I"J ~r ... , U! (": .. J . ..; ['11 C;\ ill) .. , t,) . ~ ~J... f., L.... l\, r- ". u U' d ..:r ..,- ..... \.- b-; lfl " ;1:.' W' .- .-'. C"1 ,~ :...~ :-r.~ " I, ,... ,,:'j 1.-. . ',- -r .<'0 , -"I' 1 ~. -:'1 " I., N "r"l l V ~ 0,1.. U. t;:; 11)w... F ,- ''J IJ- r- I:; 0 0\ SAlOIS, GUIDO, SltUFF " MASUND 26 W, IlIlh S"tet Carll.I..I'A LOUISE RYND TANIDIK, Plaintiff IN THE COUR'l' OF ':OMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 95-6321 civil Term CAKAN OSMAN TANIDIK, Defendant IN DIVORCE DEFENDANT'S AFFIDAVIT OF CONSENT. ACCEPTANCE OF SERVICE AND WAIVER OF NOTICE OF INTENTION TO REOUEST ENTRY OF A DIVORCE DECREE UNDER SECTION 3301Ic) OF THE DIVORCE CODE 1. A Complaint in divulc", under Secti0n ,,01 (c) of the Divorce Code was filed on November 3, 1995. 2. Defendant acknowledges and accepts service of the Complaint on November 9, 1995. 3. The marriage of Plaintiff and Defendant is irretrievabl broken and ninety days have elapsed from the date of the filing of the Complaint. 4. I consent to the entry of a final decree of divorce without notice. 5. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if I do not clai them before a divorce is granted. 6. I understand that I will not be divorced until a divorc decree is entered by the Court and that a copy of the decree wil be sent to me immediately after it is filed with the Prothonotary. 7. I have been advised of the availability of marriage counselling and UndGrEtund tl1;tt ! may r~ql1e9t that the ~~urt require counselling. I do not l'equest that the court require counsell ing. I vedfy that the statements made in this affidavit ale tl'U and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904 relating t unsworn falsification to autho~" ',e!'Q ~ q-} DATED, ~ -/3,?-:r _{fAt_ rfXMld~ akan Osman Tanidik '-.. Defendant fr. ..::r ,- I.r. P: ii. .. ~ .. f. Ulr~- ,.~ ,,_I fEr :r.: ,-, N :.l. 0.. 1...j 9t" ~ .. ill ~I "I 1".,.' - ;-; I cr' ;ii'fl w , ;IU. r.:.: L.... " 4, r- '-> u, 0' I~) LOUISE RYND TANIDIK, ;! Plalntlrr IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY. PENNSYLVANIA vs. CAKAN OSMAN TANIDIK, Defendanl CIVIL ACTION. LAW NO. 95.6.121 IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REOUEST ENTRY OF A DIVORCE DECREE UNDER li330J(c) OF Tim DIVORCE CODE 1. I consent to the entry of a final decree of divorce withoul nOlice. 2. I undersland that I may lose righls conccrning alimony. division of property. lawyer's fees or cxpenses if I do nol claim them before a divorce is granted. .1. I understand thut I will not be divorced unlil a divorce decree is entered by the . Court and Ihat a copy of the decree will he senl 10 me immedialely uftcr it is filed with the Prothonotary. I vcrifY Ihullhc slulcmcnls mude in this afflduvllurc true and corrccl. I underslund Ihat falsc slUlemenl herein are mude suhjecllO the pcnullles or 18 Pa.C.S. ti4904 rclallng 10 unsworn falsification 10 uUlhoritlcs. I>ATE: ,)" II, 1" J/ II;I,'{ J ' , , to,' , l f!' I',' ')1; I 1,1 <. II LOUlSI~ RYND'TANIDIK SAlOIS, GUIDO, SHUFF ... MASLAND 26 W. IIIlh 51""1 Carll,I.. VA LOUISE RYND TANIDIK, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW 95-6321 CIVIL TERM v. CAKAN OSMAN TANIDIK, Defendant PETITION FOR MARRIAGE COUNSELLING rURSUAMT TO RULE 1920.65 IN THE PENNSYLVANIA DIVORCE CODE AND NOW, comes your Petitioner Cakan Osman Tanidik by and through his attorney Saidis, Guido, Shuff & Hasland and respectfully avers the following in support of his Petition: 1. The Petitioner is Cakan Osman Tanidik, an adult individual residing at 3005 Yale Avenue, Camp Hill, Cumberland County, Pennsylvania 17011, the Defendant in the above-captioned divorce action. 2. The ReBpondent is Louise Rynd Tanidik, an adult individual residing at 3005 Yale Avenue, Camp Hill, Cumberland County Pennsylvania 17011, the Plaintiff in the above-captioned divorce action. 3. The parties had been counselling with Tressler Lutheran Services, and the petitioner would like to continue with such. 4. The Divorce Code provides that counselling is available under section 3301(c) of the Divorce Code, and that counselling must be completed within ninety (90) days after filing the Complaint. WHEREFORE, the Petitioner requests Your Honorable Court to enter an Order requiring that both parties attend three (3) ,,- ~ ~ ~ l'.~ i-" .. ~ ~"c (~: .( ,5[' '. . p.:, (;04 " ~ 2' i .. G,: t ,. ~ t ..,] r- ~ 1\: u.::ll , ra . , Ill. ~ - ~ II, ,- ~: i 0 0' ) "