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HomeMy WebLinkAbout96-00186 , , .~~-~~~*~~a~~*~_~*,~~*}.~*.*.~_~.*~_-~ e' --. ---,--- ,.- -"._'-'-~--'-'.:"" ..... - --".~,-,--_... ",'" ",- "_.- V'-' .-...- --l~ ~ ~ ~ ,~ .:.;. .:+;. .:.:- .:~;, .:+;. .:+;. .:+;. .:t;. .:+;. .:+:.' ~ 8 e e e e 8 8 8 8 8 8 ~ 8 ~ 8 8 8 8 ~ 8 ~ ~ iit ~ . 8 ~ 8 8 $ iit ": 8 " 8 ~ ~ . '- ~----'---"- ,., .. -lit' ,w., ,w., IN THE COURT OF COMMON PLEAS OF CUMBERLAND ~, STATE OF ~~~! ,. '.....~i.....r COUNTY PENNA. FRED D. RISSINGER, II, Plaintiff vt; i'\ ( ) .-9&::10~.. cnq~,,'1,',fl~ \'1"1'...;1I:i "MICHELLE MARIE RISSINGER, Defendant DECREE IN D I V 0 R C E~ IIJ:Jr".~ O~I AND NOW, ' , , , , , , , , , , , , , , , , , , , , , , , , , , " 1990"", it is ordered and decreed that"", ""'," ,I:'I,{~~ ,I?~, ~~f,l~~,~q~~", ,:q:"""",'. plaintiff, and " , , , , , , , , , , , , , , , , , , , , , t',I,GIJ~1-,I.I;:, ~wm~, RJ;SSINGER , , , " defendant, are divorced from the bonds of matrimony, The court retains jurisdiction of the following claims which have been raised of record in this oct ion for which a final order has not vet been entered; ,~l?!l~,'" ,,!-,~,~ ,1,'~",t;':'~!1P'qi;l;1., ,l\g~~~lI)e!lt, ,Q~~p,l.\t;eli, ,QY ,1:n.El,Pil.r,t;t~II, ,on, , ,~':I~~, ,~~~, ,l,~~~, ,i~ ,~~,x:~~y, ,~nC;:~,rl?,?~~,te~, ~,~t:, !l~,t ,l!Ie~,g~~, ,i,~t;c:>, ,tM~, Decree. ,~~~ il~ By T~.,T At"..l: d.rL.,. r ~:f,' /.~,va."t'~'" J, /)' i/ ~ <,-'J.. _ ,.-' ~ ~ r) r.t It,- ~ ~~~t.J,,...c.~ ~ / Prulhul1utnry w. ',' .. ;:I ~ ~ ~ ~ ~ 8 8 e * M f~ e i ~ 8 8 ~ e ~ e ~ ':> e .. ;:I w ., .. ;:I '" ., ~ ~ .. ;:I ~ ',' s ~ ~ A!J'~ 0/ t~t/.( ~,;Y /1/~;6 <;#,(l-~"-'-e /tP 0' fr ~~tf;;.~ /1(,,;....&1/ ~ 4'iff' /~ :1 " POST-NUPTIAL AGREEMENT ~p THIS AGREEMENT made and entered into this ~ day of JUNE:' , 19h and between: ~ FRED D. RISSINGER, II, party of the first part, (hereinafter "Husband"), AND MICHELLE M. RISSINGER, party of the second part, (hereinafter "Wife"). WITNESSETH: WHEREAS, Husband and Wife (collectively referred to herein as "the parties") were married to each other on June 22, 1991; WHEREAS, the parties hereby have accumulated certain assets and property during their marriage; WHEREAS, certain differences have arisen between the parties, as a consequence of which they have heretofore separated and now live separate and apart from each other; WHEREAS, on January 16, 1996 Husband commenced an action in Divorce docketed to No. 96-186 civil Term in the Court of Common Pleas of Cumberland County, Pennsylvania (hereinafter referred to as the "Divorce Action"); WHEREAS, the parties agree that their marriage is irretrievably broken; . , WHEREAS, the parties acknowledge that each has had the full opportunity to be advised independently and represented by separate counsel concerning their respective rights, duties and obligations arising out of their marital status; and WHEREAS, the parties having a full opportunity to be so advised of their respective rights, duties and obligations arising out of their marital status, and each having a full opportunity to investigate and evaluate assets, liabilities and all other aspects of each other's property and their jointly owned assets and liabilities, have come to an agreement for the final settlement of their property and affairs. NOW THEREFORE, in consideration of these presents and the mutual covenants, promises, terms and conditions hereinafter set forth and to be kept and performed by each party hereto, and intending to be legally bound hereby, the parties mutually agree as follows: 1. INCORPORATION OF PREAMBLE. The foregoing preamble and paragraphs are incorporated by reference herein in their entirety. 2. DECLARATION AS TO ASSETS AND WAIVER OF EVALUATION. The parties declare and agree that they have, prior to the execution of this Post-Nuptial Agreement, voluntarily agreed to divide and have physically divided and distributed between themselves all -2- " assets which they acquired during their marriage, whether or not said property is or would be deemed to be marital property under Pennsylvania Divorce Code and subject to equitable distribution. The parties further declare and agree that prior to the execution hereof, they have voluntarily distributed between themselves all assets and property which each brought with them into their marriage. The parties declare and acknowledge that they are fully aware and familiar with all assets and property that each have brought into the marriage and that have been obtained or acquired separately or jointly by them during the course of their marriage and therefore waive any evaluation thereof. Each party expressly releases the other of and from any and all right of equitable distribution or claims to assets and property of any kind or nature whatever possessed by the other party. 3. DIVISION OF LIABILITIES. The parties declare and agree that they have divided and allocated between themselves all debts and liabilities, whether or not incurred by them during the course of their marriage. 4. FUTURE OBLIGATIONS. The parties agree that any and all obligations incurred subsequent to the date of their separation, November, 1994, shall be the sole and separate liability and responsibility of the party incurring the obligation and each party agrees that he/she will not incur or attempt to incur any -3- " obligations for or on behalf of the other party and will indemnify and hold harmless the other party of and from any and all liability arising from such future obligation. 5. COUNSEL FEES. Each party to this Post-Nuptial Agreement shall be responsible for paying his or her own counsel fees and related costs associated with the processing of the Divorce Action and the negotiation, execution and consummation of the provisions of this Post-Nuptial Agreement. 6. RELEASE OF SUPPORT AND RIGHTS UNDER DIVORCE CODE. Each party waives and forever releases the other party of and from any and all claims which either may have against the other for spousal support and for all claims which either may have against the other by reason of and pursuant to the Pennsylvania Divorce Code (and the divorce law of any other jurisdiction) including, but not limited to, alimony, alimony pendente lite, equitable distribution of marital property, counsel fees, costs and expenses, except that the performance of any obligation created hereunder may be enforced by any remedies under the Pennsylvania Divorce Code. 7. DIVORCE. The parties agree to terminate their marriage by mutual consent without counselling and each agrees to execute the necessary affidavits and consents to procure a consensual divorce under the provisions of the Pennsylvania Divorce Code, such documents to be filed in the Divorce Action. -4- " 8. GENERAL RELEASE. Husband relinquishes his inchoate intestate right in the estate 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 hereby 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, demands, damages, actions, causes of action or suits at law or in equity of whatsoever kind or nature, for or because of any matter or thing done, omitted or suffered to be done by such other party prior to the date hereof, except that this release shall in no way exonerate or discharge either party from the obligations and promises made or imposed by reason of this Agreement. 9. SURVIVAL OF AGREEMENT. It is the intention of the parties that this Post-Nuptial Agreement shall survive any action in divorce which may be instituted or prosecuted by either party, and no order, jUdgment or decree of divorce, temporary, interlocutory, final or permanent, shall affect or modify the terms of this Agreement, but said Agreement may be enforced by any remedy at law or in equity, including enforcement proceedings under the Pennsylvania Divorce Code. The parties agree to incorporate this Agreement into a separate order of court to be entered in the Divorce Action, but this Agreement shall not be merged into said order or decree in divorce. -5- 10. COOPERATION. The parties agree to cooperate with each other and to make, execute, acknowledge and deliver such instruments and take such further action as may hereafter be determined to be requisite and necessary to effect the purposes and intention of this Post-Nuptial Agreement. 11. VOLUNTARY EXECUTION. The parties declare and acknowledge that they have had the opportunity to have the provisions of this Post-Nuptial Agreement and their legal effect fully explained to them by independent counsel of their choosing and each party acknowledges that this Post-Nuptial Agreement is fair and equitable, that it is being entered into voluntarily, with full knowledge of the assets of both parties, and that it is not the result of any duress or undue influence. The parties acknowledge that they have been furnished with all information relating to the financial affairs of the other to the extent same has been requested by each of them. 12. ENTIRE AGREEMENT. This Post-Nuptial Agreement contains the entire understanding of the parties and there are no representations, warranties, covenants or undertakings other than those expressly set forth herein. The parties acknowledge and agree that the provisions of this Agreement with respect to the distribution and division of marital and separate property are fair, equitable and satisfactory to them based on the length of their marriage and other relevant factors which have been taken -6- ',. into consideration by the parties. Both parties hereby accept the provisions of this Agreement with respect to the division of property in lieu of and in full and final settlement and satisfaction of all claims and demands that they may now have or hereafter have against the other for equitable distribution of their property by any court of competent jurisdiction pursuant to the Pennsylvania Divorce Code or any amendments thereto. Each party voluntarily and intelligently waives and relinquishes any right to seek a court ordered determination and distribution of marital property, but nothing herein contained shall constitute a waiver by either party of any rights to seek the relief of any court for the purpose of enforcing the provisions of this Agreement. 13. WAIVER. The waiver of any term, conditions, clause or provision of this Agreement shall in no way be deemed or considered a waiver of any other term, condition, clause or provision of this Agreement. 14. APPLICABLE LAW. This Agreement shall be construed, interpreted and enforced according to the laws of the Commonwealth of Pennsylvania. 15. HEADINGS. The headings or titles of the numbered paragraphs of this Agreement have been used only for the purpose of convenience and shall not be resorted to for the purposes of interpretation or construction of the text of this Agreement. -7- ".. LAW o""cta SNELDAtCER. BRENNEMAN ft SPARE FRED D. RISSINGER, II, Plaintiff IN THE COURT OF COMMON fLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 96-186 CIVIL TERM v. MICHELLE M. RISSINGER, Defendant IN DIVORCE PRAECIPE TO TRANSMIT RECORD TO: Prothonotary of Cumberland County: Please transmit the record, together with the following information, to the Court for entry of a divorce decree: 1. Ground for divorce: irretrievable breakdown under Section JJ01(d) (1) of the Divorce Code. 2. Date and manner of service of Complaint: by Acceptance of Service filed herein. J. Date of execution of the affidavit required by S JJ01(d) of the Divorce Code: December 16, 1997; Date of filing and service of the plaintiff's affidavit upon the respondent: December 22, 1997. 4. Related pending claims: None. All claims resolved by Post-Nuptial Agreement dated June 22, 1998. 5.(a) Date and manner of service of the notice of intention to file praecipe to transmit record, a copy of which is attached: August 28, 1998 by first class mail, return receipt requested. SNELBAKER, BRENNEMAN & SPARE, P. C. Date: By: ~?ebr Plaintiff September 22, 1998 ri; CJ) '- -", h ;2.: .. :.:~ . IU~! ('.J " 0" .~.. n=(, u:: <~~~ iI' .' - ) I ~- - . ;.J @' .:j" , - --JL ""'.J '" 'l-~ . 1;-i,{i tt:', n.. .... II~ f: t ~1 '1.. cr. '. I'. e;: ::.i 0 m U FRED D. RISSINGER, II, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 96-186 CIVIL TERM v. MICHELLE M. RISSINGER, Defendant IN DIVORCE _OTIC. or INT.NTIO_ TO R.OU.8T .NTRY or DIVORC. D.CR.. TO: Michelle M. Rissinger, Defendant Fred D. Rissinger, II, Plaintiff intends to file with the Court the attached Praecipe to Transmit Record on or after September 21, 1998 requesting that a final Decree in Divorce be entered. SNELBAKER, BRENNEMAN & SPARE, P. C. By: Date: August 28, 1998 Ph I P . 44 W. Main street Mechanicsburg, PA 17055 (717) 697-8528 Attorneys for Plaintiff, Fred D. Rissinger, II ~ ,.., F; <r, I~ ~ '-uS") .. " rv "1 L.!,~, ..,.. llr t<..' , "'-. \ ,.;. ,'I. rl. '':L.. h :_; ,:r:,l' " )~.J " ,- 'OJ, ;','1 ~.. e\4 .,.::- f.l: I. Cl., ~ <' Ie lJ_' . '11.Jj en ::.J'J.. ~ e\) (j en ... LAW OHlen 5NELn^K~R a BRENNEMAtl FRED D. RISSINGER, II, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 9w- I &~, CIVIL TERM v. MICHELLE MARIE RISSINGER, Defendant IN DIVORCE 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 prompt 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 divorce is indignities or irretrievable breakdown of the marriage, you may request that the court require you and your spouse to attend marriage counseling prior to a divorce decree being handed down by the court. A list of marriage counselors is available in the office of the prothonotary at the Cumberland county Court House, Carlisle. You are advised that this list is kept as a convenience to you and you are not bound to choose a counselor from the list. All necessary arrangements and the cost of counseling sessions are to be borne by you and your spouse. IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION 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 WHERE YOU CAN GET LEGAL HELP. Court Administrator One Courthouse square carlisle, Pennsylvania 17013-3387 (717) 240-6285 SNELBAKER & BRENNEMAN, P.C. C"'"/ ;~I) I /r7). ') By (>f f.:<.)c 'Ir>::~/.-l. Att neyJ 'for Plaintiff FRED D. RISSINGER, II Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. NO. CIVIL TERM MICHELLE MARIE RISSINGER, Defendant IN DIVORCE COMPLAINT 1. The Plaintiff in this action is FRED D. RISSINGER, II, an adult individual, residing at Apartment 4, Old Trail Road, New BUffalo, Perry County, Pennsylvania 17069. 2. The Defendant in this action is MICHELLE MARIE RISSINGER, an adult individual, residing at 722 Front street, Wormleysburg, Cumberland County, Pennsylvania 17043. 3. Both the Plaintiff and Defendant have been bona fide residents of the Commonwealth of Pennsylvania for at least six (6) months immediately previous to the filing of this Complaint. 4. The Plaintiff and Defendant were lawfully joined in marriage on June 22, 1991 at Ickesburg, Perry County, Pennsylvania. 5. There have been no prior actions of divorce or for annulment between the parties hereto in this or any other jUriSdiction. LAw O,.'ICU SNELDAKER a BRENNEMAN 13. The Plaintiff requests this Court to enter a decree of divorce. WHEREFORE, Plaintiff, Fred D. Rissinger, II, requests you~ Honorable Court to enter a decree of divorce, divorcing the Plaintiff from the bonds of matrimony heretofore existing between the Plaintiff and the Defendant. COUNT III - EOUITABLE DIVISION 14. Paragraphs 1-13 of this Complaint are incorporated herein by reference. 15. Plaintiff and Defendant have acquired personal property and debt during their marriage from June 22, 1991 until the date of final separation on or about November 19, 1994. 16. Plaintiff and Defendant have not agreed as to any equitable distribution of the marital property and debt. WHEREFORE, Plaintiff, Fred D. Rissinger, II, requests your Honorable Court to order equitable distribution of marital property and debt. SNELBAKER & BRENNEMAN, P.C. LAW O....ICtB SNELDAKER a BRENNEMAN ~')"~ ~'"I By:/n . ':A Ph 1 P H Spa , Esquire 44 West Main Street Mechanicsburg, PA 17055-0318 Telephone: 717-697-8528 Attorneys for Plaintiff Fred D. Rissinger, II -3- Date: January 12, 1996 .... ,.:) . . ir: , J l: : .', I .. I .' ~ '} t~ I -' , ..). (_I ~.' r " '., ." )'1" , , .. (.1)( \J) , f" , "i'll , 0"1' .- l I . l II,. . " , \,.... r' . ", I,Q ~ ", '.) 1:",'1 t) (9 ....--... - - --- -l' _._..~ ~~._-.f",~..~ --~... .'1 .~. "I,' . t Vh ..\:> .~ ~ ~ ,- ,:;\ <:) '<) \).. - ~ - l(1 ~~ ~ :g t:, ~~ ~~ ~ .... .... ~ ~ ~g- .... . g ~~ ~ ~~~ ," ffi .... 'tl ~ ~ ~ . " l.:> " f-< . H ." rs III ~ i ~ iI ~p..::l H .. '''' 1'Q8 <I H Ul III :J . o 'P . p.. Ul '" ~~ S 2 ~~d ffi H ~ .,: ~H! ~ \5 0 l.:> 8 OP e.l W g g ~ ~ f-< 8,~ H ::> Ul ..: ~ I<l ~p.~w Ul . ~ <~ < 0 ~ :> ~ I U ~< ~ ~ ~~ w . d '" Z !!l '" ~ 13 V) M ~Sci~ ::i uz !il . . ... . .. , , LAW ap,lea:. SNELDAKER, BRENNEMAN & SPARE FRED D. RISSINGER, II, Plaintiff III THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 96-186 CIVIL TERM IN DIVORCE v. MICHELLE MARIE RISSINGER, Defendant NOTICE If you wish to deny any of the statements set forth in this Affidavit, you \Qust file It counl:er-affidavit within twenty days after this Affidavit has been served on you or the statements will be admitted. ArrIDAVIT UNDER SECTION 3301141 or THIl DIVORCIl CODIl 1. The parties to this action separated on November 19, 1994 and have continued to live separate and apart for a period of at least two years. 2. The marriage is irretrievably broken. 3. I understand that I may lose 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 thic hffidavit arc true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. S4904 relating to unsworn falsification to authorities. Date: December /~, 1997 ~'&~ ' -, ~,4_ Fred 0'. s ger, II Plaint ff