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HomeMy WebLinkAbout96-00227 '" . ,~ I i j I~ 1 ,J L "- "" , IJ IJ J It'- IN Ie'\( ~I :.:- .:.:. :.;. .;.: :.: .;. -:.::.:. .:.;. :.:- .;.:. ,~.;. ,;.; .~.: -:.:- :.:-,.:- :.: :.: .:~. .: ~+: :.: :+. .+:- ... .+; :+: ..: ... ~ ~ ,-.\ ~r ~' ;.' .~.~..~..~:.~_.~.~.,~.~~..~..~.~~..:~.~'~:~.:~:~:.:':~:.:~.~.~~: :~ ~ ~ :~ ~ ~ ~ ~' ~) ~ ~; ~ ~; .,'1 .!-, ~( ','( ~; ~ ~; ~i ~ .. ~ ~ ~I , ~i : \ ~i ~I ~I ~I . ) "I ~i ~ ~ ~ ~I ~I ~; IN THE COURT OF COMMON PLEfl.S OF CUMBERLAND COUNTY ~' ;tf>J~~, 'C"~:?:t1<t:. y \ ,~~'" _'to STATE OF PENNA. JodI Winters, :'\ I I, 227 II) 96 Plaintiff \'l'r...lL~; Jason K. Winters, Defendant DECREE IN DIVORCE AND NOW, ,," ,Afr,;, (" 3.0"" decreed that""",.."" ,.]wi ,Wjl)~er,s" and Jason f,. Wi rate's 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: None Ilv The Cuur!: ff Ok / ~~ ra" .h. AlIe,l: ,LL' [' I.J'A, ...?.J'7" ~ ,/. ,'""''-'l..~ioU ~...: ,-sr-.n..."., l ) "~ '- n j V / r, ~7' ;/ ~_G~r."l~ ^ ...-'"../ft:' ~~~, ,7 .,' ;PrO!hUllOL\r) ,.. .+. :.. ~ .~ ~ ~ )' i,', I'" \ :~ :., , :.. , ' ;~ , ' \~ ;~ , .~ ~ ,~ J~ ~ ~ :~ " ~ ~ ~: :~ , :~ ~ ~ :~ .+: !t. ~ ~ ~ .. :': " . :f': :.: :+. SEPARATION AGREEMENT AND PROPERTY SE'M'LEMENT Thia Ajreement, made and entered into this ~ day of .F€Pr1L~ ' 1996, between Jodi Wlnte", of Cwnberland County, Pennsylvania, hereinaller referred to as "Wife,' and Juon R. Wlnte". 01 Cumberland County, Pennsylvania, hereinal\er referred to as 'Husband.' WHEREAS, the parties hereto are now Wife and Husband, Iulvinlll>een IawfuUy married to each other on July 8, 1995 in Carlisle, Cumberland County, Pennsylvania; WHEREAS, there have been no children born of this marriage; WHEREAS, the parties hereto are now living separate and apart and desire to enter into an Agreement respecting their property rights, regardless of the actUBI separation or other character th:!reof and their other rights, including the Wife's right to support and maintenance; WHEREAS, both and each of the parties hereto have been advised of their legal rights and the implications of this Ajreement and the legal consequences that may and will ensue from the execution hereof, and each has had the opportunity to consult with his or her own competent legal counsel independent of each other; WHEREAS, each party warrants, 8B part of the consideration of this Ajreement, that each has fully and completely disclosed all information of a f1JlBJlcial nature requested by the other, and that no information of such nature has been subject to distortion or in any manner being misrepresented; and WHEREAS, other than 8B set forth herein, Wife desires ftnBlly and forever to relinquish all of her rights to be supported by the Husband and all of her right of dower, rights 8B heir or surviving spouse or otherwise, actual, currently existing, or inchoate, in and to the real and personal property of the Husband, now owned by him or which in the future may be owned by him, and all rights to alimony, alimony pendente lite, cOWlSel fees, or expenses and other than as set forth herein, Husband likewise wishes to relinquish all his rights of curtesy, rights 8B heir or surviving spouse ~r otherwise, lIC'tual and currently existing or inchoate in and to the real and personal estate of the Wife, currently owned by her or which she may own in the future; NOW, THEREFORE, the pRJ'ties hereto intending to be legnlly bound hereby do hereby mutually agree 88 follows: 1. Separation. Husband and Wife do hereby mutually agree and consent to live separate and apart and do further agree that it shall be lawful for the Husband and Wife at all times hereafter to live separate and apRJ't from elU:h other, and to reside, from time to time, at such place or places 88 they respectfully shall deem fit, free from any control or restraint or interference, direct or indirect, by each other. 2, No Molestation, Hal'8Bllment or Interference, Neither party shall molest, harass or interfere with the other or compel or endeavor to compel the other to cohabit or dwell with him or her by any meana whatsoever, 3. Mutual Property and Estate Waiver, Except 88 otherwise expressly set forth herein, in which event such express provision shall take precedence over this paragraph, the parties hereto intend that from and after the date of this Agreement, neither shall have any spouse's righta in the property or estate of the other, and to that end both parties waive, relinquish, and forbear the righta of dower or curtesy, righta to inherit, rights to claim or take the Hushand or Wife's or family exemption or allowance, to be vested with letters of administration or letters testamentary, or to take against any will of the 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 representatives, and next of kin, excluding the other as though he or she had died a widow or widower, And eaeh 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's Last Will and Testament as though the spouse so designated as beneficiary had predeceased the testator. The parties further agree that they may and can hereafter, as though unmarried, without any joinder by him or her, sell, convey, tr8l18fer or encumber any and all real estate and personal property which either of them now or hereafter own or posaess and further agree that the recording of this Agreement shall be conclusive evidence to all of his or her right to do so, The said Husband and Wife do hereby irrevocably grant, each to the other, should the exercise of this power hereby given be necessary, the right and the power to appoint one or more times any person or persons whom the Husband or Wife shall designate to be the attorney.in.faet for the other, in their name lUld in their stead, to execute lUld acknowledge any deed or deeds, releftSes, quit clalma, or Il8tisfactions, under seal or otherwise, to enable either party hereto to alienate his or her real or personal property, but without lUlY power to impoll8 personal liability for breach of warrlUlty or otherwlsf!. Each of the parties hereto further waives lUlY right of election contained in Chapter 22 of the Pennsylvania Probate Estates lUld Fiduciaries Code. and lUlY right to seek or have lUl equitable distribution of lTI8I'1'ied property ordered by the Court subsequent to Section 3602 of the Divorce Code. Each of the parties hereto further agrees that neither shall herealler be under any legal obligations to support the other, pay any expenses for maintenances, funeral, burial, or otherwise for the other, lUld to that end eneh of the parties hereto does hereby waive lUlY right to receive support, alimony, aUmony pendente lite, counsel fees, expenses, or lUlY type of f1naIlcial8Bsistance whatsoever from the other, except as otherwise expressly provided for herein. 4. Division 01 Personal Property. The parties agree that they have divided their personal property to their mutual satisfaction lUld waive lUlY claims by either party on the property which is in the possession of the other. Henceforth, eneh of the parties shall own, have and eqjoy, independently of any claim of right of the other party, all items of personal property of every kind, nature lUld description and wheresoever situated which are now owned or held by or which may hereinafter belong to Husband or Wife respectively, with full power to Husband or Wife, to dispose of the same 8B fully lUld effectually in all respects and for all purposes as if he or she were unmarried. The parties further agree that, at such time that both parties have executed this agreement 8B well 8B the necessary Affidavits of Consent and Waiver of Notice in regard to the Divorce action at No. 96.227 Civil Term, Wife shall then return to Husbanoi the party's wedding ring, and, at that time, said ring shall become the personal property of Husband. 6. Automobiles. The parties are currently the owners of two automobiles. The 1989 Ford Probe shall remain the sole and separate property of Wife. The 1987 Volkswagun Fox shall remain the sole and separate property of the Husband, Furthermore, any indebtedness or liens secured by any of the Husband's vehicles, including the lien w.th Farmer's Trust Company, shall be the sole responsibility of Husband and Husband agrees t<) hold Wife harmle.... from any pt'rsonal liability in regard to this indebtedne!lll. 6. Debts. The parties are co.obligors of a personal loan with Bene/lcial Consumer Discount ComJll'l1Y at account number 19528390, The parties agres to be equally resp"lI8ible for the remaining outstanding balance on this ac<:ount. The present monthly payment is $130,00 per month. Each party sllall pay the sum of $65,00 per month, representing one.haIf of the monthly payment, to BeneficW Consumer Discount ComJll'l1Y on a timely basis. Husband and Wife respectively agree to hold each other harmle88 for liability of the other party towards the respective parties one-half obligation. In the event that any late fees or sdditional interests are incurred as a result of a breach of the proviaiol18 of tM paragraph, the responsible party shall be obligated to pay any such late fees or additional interests, and will further hold harmless the other party from any obligation on such additional indebtedness. 7. Future Debts. The parties further agree that neither will incur any more further debts for which the other may be held liable, and if either party incurs a debt for which the other will be liable, that party incurring such debt will hold the other harmless from any and all liability thereof. 8. Walver at Alimony, In consideration of the mutual agreement of the parties voluntarily to live separate and apart and the provisions contained herein for the respective benefit of the parties and other good and valuable consideration, the parties agree to waive any and all claims for any alimony, 9. Pension. Both parties agree to waive any claims they may have to any pel18ion or employment benefits of any kind, earned during the marriage, by the other party. 10. Counsel Fees and Court C08ts, Each party has had the opportunity to review and discUBll this document with an attorney of their own choice, Each party shall be responsible for their own attomey'a fees in regard to this matter and in regard to the Divorce Action referenced below. The partie. shall share equally court costs involved in regard to the ming of the contemplated Divorce Action discussed in the paragraph below. 11. Divorce, The parties acknowledge that an action for divorce between them has been med I by Wife and is presently pending divorce between them in the Court of Common Pleas of Cumberland I I, County to the caption Jodi Winters v. Jason R. Winters, No, 96.227 Civil Term, The parties acknowledge Ii II " Ii " II act or thing that may be neeellSlll')' or desirable to effectuate the provialcns and purposea of thia Agreement. If either party fails on demand to comply with this provision, that partyahall pay to the other all attorney'a feea, coats, and other expensea re880nably Incurred 88 a reault of auch fallure. IN WI'l'NESS WHEREOF, the parties have aet their hands and seals the day and year firat written above. WITNESS: , ' ~ l' ~X2~-< ~ ty~ -(J i:-i/ ;..,ff- .t'ason Winters ()LV j ((J ~ (j'[j U J7lilters VERIFICATION I verify that the ltatementa made In the foregoing Divorce Complaint are true and correct. I understand that faJae ltatement.. herein are made lubject to the penal tiel of 18 Pa. C,S. Section 4904 relating to WUlwom falsification to euthorities. / /1 1/ Date' I " /I. , I ' i( --( / Jodi WinterS /1/ " 1;( ~ .' ..... , f' "" r ~ r'" "" ~ .. ''1'- o::r- -J" j .... I'.. ", ';i 'j ~ rvo ....~ vi " i\. '1 . W ,.... ,:> ~ ~ .'; ):. ," L , ~ I...j .~ U1' , I - ~ '\ (-) . il~ I - " r;', t, .' . '~ <.,-., r;, r.. -:. " c: '-."'J tv; , '- '... '-' [,:' \ . '.,J - ~ ;., J) <lQ , ~ 'II --- ..... --- L. . " '" ..... ~ Co , ( u JODI WlNTERS, PlaintllT IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v. NO.: 96-227 CML TERM JASON R. WINTERS, Defendant IN DIVORCE AFFIDA VlT OF SERVICE I HEREBY CERTIFY THAT I served a certified copy of the Divorce Complalnt rued in the above captioned case upon Jason R. Winters, by certified mail, return receipt requested on January 18, 1996 addressed to: Jason R. Winters 145 Amy Drive Carlisle, P A 17013 and dir! thereafter receive same 88 evidenced by the attached Post Omce receipt card dated January 20, 1996. I VERIFY THAT THE STATEMENTS MADE IN THE FOREGOING AFFIDAVIT OF SERVICE ARE TRUE AND CORRECT TO THE BEST OF MY KNOWLEDGE, INFORMATION AND BELIEF. I UNDERSTAND THAT FALSE STATEMENTS HEREIN MADE ARE SUBJECT TO THE PENALTIES OF 18 PAC.S. SECTION 4904 RELATING TO UNSWORN FALSIFICATION TO AUTHORITIES. LAW OFFICES OF RON TURO I /22- /9t.- Date / ' KO~ykQ Robert P. Kline, Esquire 32 South Bedford Street Carlisle, PA 17013 (717) 245.9688 Attorney for PlaintllT ~ -- l Ot- (I 8-?; f.,lH, Rt~Ct::lpt fur CCrllfied M,ld ~ - . 1,-, do;, .:.,1 1\1)" ,'". f., _.1a.5.0n Q...W ir\~Cfsj _l~~m Arnt.m Df;tVl,;:m_m. c..Att.u::s;.L\;_ '~fA l'l ClLt ,$ ,?S. ",l.lo I d. 'I:: .., i .... .----- ~ ! g l!l ~ o ... en .. \ . I ~~q(.Q ... t . Comp6tte;...... 1 endIar 2 fot eddIUonII ...... I alao wllh to reeeive the I_ Complete it..nl 3, tnd .. . b. follow6ng MNk:" (for en 'lelr. I . Pm, yout nltM .nd tckk... on m. r...,",. of \hi. fOtlfl tQ tNt w. can 'H): rMutn tNt l;Md to you. o An.cIt tN. ,,,,"'O'M loon! ol'M ...........,.. on.M.... ,t ._. 1, 0 Add"...... Add".. . .... not peflNt. .& . w"..,.".turnR'UtPtRtQIA.ted"onlNm~.~wthe.nlC..numb4f 2.~'ltriclUd Delivery J . n.RMUfn Atnlpt ",,!II.hOw towhOfn the.rticle ....M""--.dandm.dat. I "Iv,,". Consult oltme,t., for f... 13, Articl. Add""od tOI 40, 2c://1lo' 7' So.son ~. \J\()~r.) 4b S..vocoTvpo J o Registefed 0 In.ured \ 1.\5 AMI.\ '\:)r\~ ptco'UliOd [J coo , ..J 0 E M I gReturn ReCllpt for 1 c.o.rh~\.., ~'^ \'1C>i3 7 0':':':,: OO~:VO~ MJill'ondi.' J . -- 'J C> -"I (" I 8. Addr,II"" I Address tOnly if "quated J and 'ee IS paid) '4AN 20M 5. Sign8tu,e lAdd(...ul II. -aig.,.t~~. ';4,~" :: ( 2 l :a. PS Form .!I , December 1991 .u.A. ~ ,......". DOMESTIC RETURN RECEIPT r. >- L-r; ..': C' ~'-' ["', L.o. 'e"" ",,. .. , ~ l.~. _..:,' ' u... F' u LI en .. - , ~ " . '-'- .J ('.' "j , . "0- -' ,1 oJ lch:i.. ......, ,-,. ;:.) U i.... I:': , " f I '! JODI WINTERS, Plalntift' IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY. PENNSYLVANIA v. NO. 96-227 CML TERM JASON R. WINTERS, Defendant IN DIVORCE NOTICE OF ELECTION TO RETAKE FORMER NAME NOTICE IS HEREBY GIVEN that the Plalntift'in the above matter, having been granted a Final Decree in Divorce from the bonds of matrimony on April 30, 1996, hereby l!leeta to rutake and hereafter WIe her previous name of Jodi M. Hair. Jodi M. Winters I , , " Jodi M. Hair COMMONWEALTH OF PENNSYLVANIA 55 COUNTY OF CUMBERLAND On the 1 c:, r \< dsyof ,A\.l(,u. '-;\ ,1996, before me, the undersigned officer, a I Notary Public, personally appeared Jodi M. Hair, known to me or 118tillfactorily proven to be the person I whose name ill slibscribed to the within instrument, and acknowledge that she executed the foregoing for the purpose therein conUlined. I Ii IN WITNESS WHEREOF, I have hereunto set my hand and official seal. iI " ~/)( {-" J '-r J~C ----4, it' ~ ..-4 t ' p'~. I ~.-rl (",,,~ .... ~.."....... ,- ...., .,.... ...... ..........-. ~ .... .. ~. ~ .::l (1) iro 0<' ("> .... In ]. , v 'j" , '.. 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