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HomeMy WebLinkAbout95-06511 ~ . . . ~ . . . . . . . . . , . . . . . . ;, . . . .; . . ~ . .".... ._____.'.......... _. "'J<:_>*"~___~~ , --------.....-....- -- ...._- II IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY STATE OF '* PENNA. KEVIN T. WALTERS, Plaintiff ill N I)"~.~~,l"",,,. .c::+Y~,;,,,, 19 95 i Vt!ll'lll~ ,I lEBBIE L. Wl\LTEl1S, I:klfendant DECREE IN DIVORCE AND NOW, .... M2.r.,"~" ~ I..,....",' 19 ,~L,. It Is ordered and d d h Kevin T. Walt.ers I I Iff .cr.. t at "..",.."."."."". ....... I , . . , I . . , . . . . . . I . ., pant , and., ~~~?, ~,', ~~,l~~!"".",.""", ",."""""""""',, defendant, are divorced from the bonds of matrimony. The court retains lurisdlction of the following claims which have b.en raised of record In this action for which 0 final order has not yet been entered: A Marriaqe SettlenJ'!nt lIqreem:mt doted February 13, 1996, is .....,., " .." ."." It.. 11"" "...,.., .t. .... I. ,.. ,...", ,.,.., ,. "0""', . ~mF~~~. ~~~r... . . . , . , . . , I , . . . . . . . . , I . , . I , . , , , I . , . . . I . . . . . . . ., . , . . I . . D y T h. C 0 U r I ';1 ~ /J 1 .", 'I t-thk. 0&/'.. r, All..11 I '. J, ~u.hilf<:".!. .~~ &<1 ""'~- ~1.. V v./ ct 7'" --7 -:;;/jJ/.fk'l ,F ,;;:s;;t?t:',. 'rf, . .f ? Prolhonolery _____.--..-....-.-___..........._~......_........ .....~_-'..."-....___....._....__...........~....._......~ .. ... _-...-... ..__...._....... I M --_...._.._....-~-~------- ~ . . . . . . . . . . . . . ~ . . . . . I' ~ ~ . . . . . . . . . 8 8 $ ~ ~ . MARRIAGB SB'l'TLI!MBNT AORBBMBNT 'l'HIS AGREEMEN'r, made this / :'1 day of {(IJ",l ' n~, by and between KEVIN T. WALTERS, hereinafter oalled "Husband", and DEBBIE L. WALTERS/ hereinafter called "Wife"l WITNESSETH I WHEREAS, Husband and Wife were lawfully married on August 14, 1994, in Cumberland County/ Pennsylvania I WHEREAS, differences have arisen between Husband and Wife in consequence of which they have determined to live separate and apart from each other and have consented to a mutual consent divorce, and WHEREAS, Husband and Wife desire to settle and determine their rights and obligations, including the settling of their property rights and other rights and obligations growing out of their marriage in accordance with the provisions of the Divorce Code of Penneylvania. NOW THEREFORE, the parties, intending to be legally bound hereby/ agree as followsl 1. ~EPARATION. It shall be lawful for each party at all times hereafter to live separate and apart from the other at such place as he or she may from time to time choose or deem fit. The foregoing provision shall not be taken as admission on the part of either party of the lawfulness or unlawfulness of the causee leading to them living apart, Each party ehall be free from " \'~;~I ';'.'i ''I Ii ~ ' I' " interference, authority and control, direct or indirect, by the other BS fully BS if he or she were single and unmarried. Neither shall molest the other or compel or endeavor to compel the other to cohabit or dwell with him or her. j "I \i I 2. DIVISION OF PERSONAL PROPERTY. Except ae hereafter provided, the partiee have previously divided between them to their mutual 'satisfaction the personal effects, jewelry, clothing, household furniture and furnishings, and other articlee of personal property which have heretofore been owned, possessed, or used by them in common, and each party shall be deemed the sole owner of those items now in their sole possession, provideQ however that Husband shall retur.n to Wife the items set forth in ,hi . 'I' "I " 'i' " " " ~'I I', , " , ',;,. , i' Exhibit A attached hereto and Wife shall return to Husband those items set forth in Exhibit B. " fl ~ , 3. DISTRIBUTION OF MOTOR VEHICLES. The parties are the joint ownere of two motor vehicles which shall be distributed as follows I A. Husband shall receive as his sole property the 1994 Geo Tracker, subject to all outstanding expenees and financing thereon I B. Wife shall receive as her Bole property the 1992 Eagle Talon subject to all outstanding expenses and financing thereon I Each party heroby aUAumes all outstanding expenses snd debt related to their respeotive vehicleu and further agreee to indllmnify and hold the other party harmleus from any suoh obligation as to the vehicle distributed to eaid party. Each party agrees to make, execute/ and deliver such titles, documents of transfer/ or other writingo as shall bo neceseary to accomplish the foregoing distribution of vehicles and debt, provided however t:hat upon transfer of title each par.ty shall also secure the release or payment of the existing debt. 4. PENSION OR RETIREMENT PLANS. Husband and wife agree to waive any and all claim to the ather's pension/retirement benefits, The parties agree to execute all documents necessary to waive claims to their respective pension/retirement benefits inoluding any surviving spouse annuitieo or similar provisions. 5. LEASED REAL ESTATEI The parties are lessees of a certain mobile home lot situate at 7073 Carlisle pike, Lot No.3, Car1iole, Pennsylvania 17013. Husband agroes to aseume the mobile home lot leaoe and Hueband agrees that all rent aseociated with the mobile homo lot is and shall remain hiD responsibility. 6. pISTRIBUTION OF MOBILE HOME. The partieD are the joint ownero of a 1996 model "Skyline" Mobile Home. Wife hereby releases/ transfers, and waives all right and title in oaid mobile home in favor of Husband. Husband hereby assumes all existing debts and obligations related to said mobile home including the purohaBe prioe financing to Leiby's and/or Hagerstown Bank and all lot rent/ utility expenses and taxee. Husband agrees to save and hold Wife harmlese and indemnify her from any and all debt related to said mobile home. 7. DEBTS. Husband and Wife ogree to eplit the visa car.d -- account as of the date of separation. Husband agrees to retain the items purchased from Morltgomery Wards and therefore he agr.ees to be responsible for said debt. All other debts/encumbrances on respective assets to be assumed and refinanced to names of individual retaining the asset. B. WAIVER OF FORMAL EQUITABLE DISTRIBUTION. This agreement constitutes an equitable division of the parties' marital property. The parties have determined that the division of this property conforms with regard to the rights of each party, The division of existing marital property is not intended by the parties to constitute any way a sale or exchange of assets/ and the division is being effectuated without the estatel Each party hereby acknowledges that this agreement adequately provides for his or her needs and is in his or her best interest, and that the agreement is not the reeult of any fraud or undue influence exercised by either party upon the other or by any other person or persons upon either party. Both parties hereby waive the following procedural rightsl A. Thll right to obtain an inventory and appraisement of all marital and separate property as def.ined by the ~ennsylvania Divorce Code. B. The right to obtain an income and expense statement of the other party as provided by tho Pennsylvania Divorce Code, C. The right to have the Court determine which property is marital and which ia non-marital, and equitably distribute between the parties that property which the Court determines to be marital. D. The right to have the Court decide any other rights, remedies, privileges, or obligations covered by this agreement, including but not. limited to possible claims for divorce, spousal support, alimony, alimony pendente lite (temporary alimony), and couneel fees, costs, and expenses. 9. MUTUAL RELEASES. Hueband relinquishes his inchoate intestate right in the eetate of Wife, and Wife relinquishes her inchoate intestate right in the estate of Husband, and each of the parties hereto by these presents, for himself or herself, his or her heirs, executors, administrators, or assigns, does remise, release quit-claim and forever discharge the other party hereto, his or her heirs, executors, administrators or assigns or any of them, of any and all claims, demande, damages, actions, causes of II " aotion or suits at law or in equity, of whatsoevllr kind or ,., " ,j> nature / for or because of any matter or thing done, admitted, or luffered to be done by said other parly prior to and including " the date hereof, further, the parties hereto have been advised by their legal representatives, respectively, of all their rights under the Pennsylvania Divorce Code, and such rights as ar.e not specifioally incorporated herein sre hereby expressly waived. Notwithstanding the foregoing language of this parograph, this release ehall in no way exonerate or discharge either party hereto from the obligations and promises made and imposed by reason of this Agreement and shsll in no way affect any cause of action in absolute divorce which either party may have against the other. 10. RELEASE OF ALL CLAIMS. Each party, except as otherwise provided for in this Agreement, releases the other from all claims, liabilities, debts, obligations, actions and causee of action of every kind that have been incurred, or may be incurred, relating to or arising from the marriage between the parties, including waiving any claim to their respective pensions or retiroment accounts. However, neither party is relieved or diecharged from any obligation under this Agreement or unoer any instrument or document executed pursuant to this Agreement 11. BREACij. It either party breaohes any provision of this Aqreement, the other part.y shall have the right, at his or her election, to sue for damages for such breach, and seek any other remedy allowed in law or equity. The party breaching this contraot shall be responeible for the payment of legal fees and ooets inourred by the other in enforcing his or her rights under this Agreement, or seeking such other remedy or relief as may be available to him or her. Woiver by one party of any breach of thie Agreement by the other party shall not be deemed a waiver of any subeequent, similar breach or other breaches. 12. FULL DIBCLOBURB. Husband and flIfe 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 source and amount of the income of euch party of every type whatsoever and all other faota relating to the sUbject matter of this Agreement. 13. DIVORCE. This Agreement shall not be construed to affect or bar the right of either Husband and Wife to a true and absolute divorce on legal and truthful grounds and they now exist or may hereafter arise. It is understood, however, that Husband, as of the signing of this Agreement, has filed an action in divorce in the Court of Common Pleas of Cumberland County, in whioh he alleges that the marriage is irretrievably broken. Both parties understand and agree that Husband shall continue to pursue eaid ~ , )" J , I divorce on the ground that the marriage is irretrievably broken, and that both parties will e~llcute/ deliver, and file the necessary affidavits and all other petitions or doouments necessary to Ilffectuate the divorce pur~uant to Section 201(c) of the Divorce Code. Wife agroes that the marriage is irretrievably broken. 14. ~PRESENTING OF PARTIES BY COUNSEL. Each party has had the opportunity to have legal oounsel to represent each of them. Wife is being represented by Edward W. Harker, Esquire, Husband is being represented by Bruoe D. Foreman, Eaquire. Each party has carefully read this Agreement and is completely aware, not only of its contente, but also of its legal effect. 15. ADDITIONAL INSTRUMENTS. Each of the parties shall on demand or within a reasonable period thereafter, execute and deliver any and all other doouments and do o~ cause t.o be done any other act or thing that may be necessary or desirable to effectuate the provisions and purposes of this Agroement. If either party fails on demand to comply with the provision, that party shall pay to the other all attorney's fees, costs, and other expenses reasonably incurred as a reeult of such failure. 16. DESCRIPTIVE HEADINGS. The descriptive headings ueed herein are for convenience only. They shall have no effect whatsoever in determining the rights or obligations of the parties. ) , , 17. MODIFICATION AND WAIVI!lR, Modi fioatiol~ or waiver of any provision of this Agreement shall be effective only if made in writing and eXllcuted with the same formality as this Agreemllnt, The failure of either party to insist upon strict performanoll of any of the provisions of this Agreement shall not be construed as a waiver of any subeequ~nt default of the same or similar nature. 18. SUCCESSORS AND ASSIGNS. This Agreement, exoept as otherwise expressly provided herein, shall be binding upon and shall inure to the benefit of the respective legatees, devisees, heirs, executors, administrators, assignees, and succeSBors in interest to the parties. 19. GOVERNING LAW. This Agreement shall be governed by and shall be construed in accordanoe with the laws of the commonwealth of Pennsylvania. 20. ORDER OF COURT. with the approval of any Court of oompetent jurisdiction in which any divorce proceeding may now be pending or which may hereafter be instituted, this Agre~ment shall be incorpo~ated in any decree of absolute divorce which may be passed by said Court. In the event the Court shall fail or decline to incorporate this Agreement or any provisione thereof in said decree, then and in that event the parties, for themselves and their respective heire, personal representatives and assigns, agree that they will nevertheless abide by and carry out all of the provisions thereof. , k. i: j , i 1."',1 It il further Igrelld that fllgardl,ss ot whether said Agr.ement or 4ny part thereof is incorporatlld in any such dearee, the .ame Ihall not be merged in said deerell but said agreement and all the terms tha~eof shall continue to be binding upon the partie. and their resp,ective heirs, pereonal representatives and anign.. IN WITNESS WHEREOF, intending to be legally bound hereby, the partie. hereto have hereunto set their hands and seals the day snd year first above written. " d , ." "" I:, H " ,-~/ "I:' L(~3 ~~"T. Waltftre, Husband d"~1I y. (I ~llflf;.J_. beL. Wa ters, nnr.;- " BXHIBIT A IRMS TO BB GIVlH TO DBBBIB WALTBIS , , 1. pu.h Mower 2. Mirror in Bedroom 3. purple glass pyrex 4. l<nife Silt ~. Coffee Cup with name on it 6. punch Bowl Set 7. Clear glass set 8. Lunch BOlC 9. 1/2 of tupperware 10. Pressure Cooker 11. Roasting Pan I' 11 1 'I ~ BXBIBIT B ITBMS TO BB RBTURNBD TO KBVIN WALTBRS 1. Stuffed Animal 2. Certificates of authenticity with regard to sports autographe phintHf I IN THE COURT nr COMMON PLEAS or KF.Vl'N or. WAlJrellS, I ClMlmJU/lNp OJUN'l'Y, PENNSYLVANIA I V.. I NO. 95 6511 civil 'l'cnn I l:EBBlE L. WAlJml~, I CIVIL ACTION - LN'I Defendant. I IN DIVOlU~ f~CIPE TO TRANs~r.,. RECO~ To the Prot.honotary. Tr.n.mlt the record, together wlth the followinq information, to the Court for entry of a divorce decreel I 1. Ground for divorcel irretrievable breakdown under Seetion (X) 3301' (e) l 330,1 (d) (1) of the Divoree Code. (Cheek applicable section). 2. Date and manner of service of the complaintl coot>loint dated 11/15/'15, served by oartified nuiJ., acoopred by Ed.oIard Harkar, Attorney for Defendant, 11/17/95. . 3. (Complete either paragraph (a) or (b). (a) Date of execution of the affidavit of consent required by Section 3301 (c) of the Divorce Code I by plaintiff 02/28/96 02/22/96 ~ by defendant -' (b) (1) Date of execution of the plaintiff's affidavit required by Sectior. :1:101 ld) of the Divorce code: (2) date of service of the Plaintiff's affidavit upon the Defendant: 4. Illllated claims pendingl NONE Plaintiff ( ) Defendll~t .0, -..-, ....'-.. - , .' " I " '" KEVIN T. WALTERS, Plalntll' t IN THE COURT OF COMMON PLEAS I CUMBERLANI) COlJNTV, PENNSVLV ANIA t I : NO. t : CIVIL ACTION. LAW t IN mVORCE v, DEBBIE L, W ALTERS, Defendant COMPI.AINT IN mvo.w:E ANI) NOW, comes Ihe abow"named Plalnlifl', KEVIN T, WALTERS, by his nttomeys. NICHOLAS & FOREMAN. and seeks to obtain [I Decree in Divorce from Ihe above. named Defendwll, PEDBIE L. WALTERS. uponlhe grounds hercinatler sel forth: I. Plalnlitl'ls KEVIN T, WALTERS, an adult individual, IiIIi JiW5. presently residing al7073 Carlisle Pike, 1.01113, Carlisle, Cumberland Counly, Pennsylvania 17013, 2, Defendant is DEBBIE J., WALTERS. an adult individual, wi j,uW, presently residing lit 12 Bypuss Roud, Dillsburg, Cumberland Counly, Pennsylvuniu 17019, 3, Plainlitl" und Defendunt huve been bonu flde residents of the Commonwealth of Pennsylvanlu for at leasl six (6) months immedialely previous 10 the flling of this Complaint. 4, The Plaintifl" and Defendant were married on Augusl 14, 1994 In Cumberland County, Pennsylvania, . 5. There hllve been 110 prior lICdOllS of divorce (Ir lilr lI1111Ullllellt between thl! pllrlles. 6. Illllhltill'll11d Detclldllntllre bOlh c\ti1,cllS of the United Stlltes of AmerlclI, 7, Neither of the pllrtles III this lICtiOIl is preselllly 11 1l1ember of the lInned services ofthe United States, 8, The I'lullltl11' hWi beell advised of the lIvllilllbility of coullselinlllllld she undentWlds that he mllY request thllt the Court require the purlies tll (lllrtlcipllte III counselinll, but overs that she does 1I0t require 1II11rriulle coullselillg, 9, The 1'l1l1lltlll'lIvers thlltthe groullds Oil which the uctlon Is bused W'e: (II) Thlltlhe lIIurl'illlle Is irrelrievllbly brokell; (b) Thlltlhe pllrtles huvc beell sepllruled III excess QflwO (2) years, 10, I'lulntill'requesls tbe Court to ellter 0 Dccree III Divorce, Wherefore, Plallltill' prays your HOlloruble Court 10 enter un Order dlssolvinllthe murrlalle between the pnrtles, Respeclfully submllled, N By BR CE D, FOR' AN. ESQUIRE 3207 North Frollt Street Hurrlsburll. I' A 17110 (717) 236.9391 1'0, Supreme Court m #21193 Allorneys for Plulntill' KIVIN T. WALTIRS/ Pldnt1U IN THI eOUJT or COMMON 'LIAS CUMBIRLAND COUNTY, 'INNSYLVANIA v. NO. 95-6'511 DIIIII L. WALTIRB/ Defendant CIVIL ACTION - LAW IN DIVORCE "CC.PT~Lll1'~ I, EDWARD W. HARKER, ESQUIRE:, am the attorney for the Defendant in the above-captioned action, DEBJ:lIE L. WAL'l'ERS, and I hereby certify that on the ~ day of 00'<Lf'l\ho<S? 1995, I accepted service of the ,Complain!: f Hed against the Defendant in the above-captioned action. I further certify that I was authorized to do eo, (/~ .' 2'i/ . 7..-:'.-fA~_-.;-/ /-,./ " ,I iI' ., " , " .~ .... ,- I" N I .: f:. '~I 'l...f. r ' ..1-, J J ~r: '.. .!) ~;f. ,I. '1 r' , ' ... " '.' In , {.i -,L ~ J . [." rei' , to; "l.iJ " . f-- . , . !I.... _. . ~':i ,n "j I;. '1I '..I " " \, '" , , Ii ., I, ,1 I,' ~IVIN T. WALTIRS, pldntiU I I I I I I I IN Tn. COURT or COMMON PLIAS CUNBIRLAND COUNTY, PINNSYLVANI~ v. NO. 95 6511 eIVIL TlaM DIIIII L. WALTIRS, Ddendant CIVIL ACTION - LAW IN DIVORCI ~.rIDAVIT O' CONSBNT 1. A Complaint in Divorce under Section 3301 of the pivorce Code was filed on the 15th of November, 1995, 2. The marriage of the Plaintiff and Defendant io irretrievably broken, and ninety (90) days have elapeed from the date of filing the complaint. 3, I consent to the entry of a final Decree of Divorce. 4. I undex'stand that I may lODe rights concerning alimony, division of property, lawyer's fees or expenses if I do not claim them before a divorce is granted. 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. 54904 relating to unsworn falsification to authorities. Datedl February.;l8, 1996 L--rw~)- KEVIN T. WALTERS _iI ,,1,1 " " ,I I .... - .~ It~ N I' "I' ~" (-:J '.;I.~ I I I, ~r It. :'.... ~- , . ~ t";'l' h r' ~.I.. h,,"1 f ,:!~ , t 1.1' 'I l'J Ii' - i: I.- C~ I\U: , " I.' .,.. ~- '3 1.J;i .n ~" f.p " " , , I "I " " , , , " " " ItIVIN T. WALTlaS, I IN THI COURT or COMMON PLIAS PhintUf I CUHBlaLAND COUNTY, PINNSYLVANIA I v. I NO. 95 6511 CIVIL TIRH I DIBBII L. WALTlas, I CIVIL ACTION - LAW Defendant I IN DIvoaCI Al.'~DAVIT or CONS.NT 1. A complaint in Divorce under section 3301 of the Divorce code was filed on the 15th day of November, 1995, 2. The marriage of the plaintiff and Defendant is irretrievably broken, and ninety (90) daye have elapsed from the date of filing the Complaint. 3, I consent to the entry of a final Decree of Divorce. 4. I understand that I may lose rights concerning alimony, division of property. lawyer's fees or expeneee if I do not claim them before a divorce is granted. I verify that the statements made in thie Affidavit are true and correct, I understand that false statements herein are made subject to the penalties of 18 Pa. C,S. ~4904 relating to unsworn falsification to authorities, Datedl J) f(h/f('~(j /'I(/~ 1~/NJt, .~ 11111101,,1. b BBIm L. WALTIRS IIVIN T. WALTI.S, I IN TKI COURT 0' eOMKON PLIAB PlaintiU I CUHBIRLAND COUNTY, PINN~YLVANXA I v. I NO. 6511 Civil Tel:lll 1995 I DIIIXI L. WALTI.S, I CIVIL ACTION . LAW Ddendant I IN DIVORCI WUVBR 01' NOTIca 01' INTaNTION TO RIlOUBS~ DIVORC. DBORaa UNDaR 1330110\ 01' Tijl DIVORca CODa 1. I consent to the entry of a final decree of divorce without notice, 2. I understand that I ",ay loee 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 ent.ered 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 thin affidavit are true aad correct. 1 understand that false statements herein are made subject to the penalties of 18 Pa, C.S. ~4904 relating to unsworn falsification to authorities, Dated ~t.- \ [I ICflfe ~(~ XIVIN T. WALTIRS, Plaintiff " " , , rr. N '. t N r._ " ({j Il- 1 , ,.t: J;~~ ~.. ~;~ ,. .,' F II- '\ I, ,,' " ." I In ';:('9 - (1:\' ''I; , '~~ " r.' ' ' . ~ , , I .' II .~ ,\ (;,I ...,., ...\ CJ' , I,J , , I, " ;1 , , " , , " , Ii' I , I. " ,I I I " ~: IN .~ " ~" I ~~~! " '" ' I ~ r.. ).j ~, ~r. )~r- ~II n- -\ I". ,', t/') , '1 , ~I" ',l I ul~, - )"":,: roO l~ .. [, ~I,.: -- tit: ~o ,:) (.~ l,\ '_J " " ,'I , , I . , , , " . 'I 1 "- 't"- ~~ '" ~ ~ C"l >- ~i ,... I.. ,~ . .. 'i ~r: ttl I;~ \ :1:: >.J:'j' .[' Ii.. 'd 'r- e 'rl ::ir~ ~ far,; I, .-. ~I' ",rJ..l :! . U,IU) l:"- I" ~:.. 'lit)... ~l "') 8 "'- l;" !-I' j; I.