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HomeMy WebLinkAbout96-00642 ~r.jY.J1~ 1.;1 :JI'~~ (!M, (~ I"';~ ~ -4 1J4 ~it~ ~f';t.e/y ~ "tf/I. I ) ~ .d' ..... IN f:-; l!l '" '] ;.~ ~,. :r.: (~ r? 0- f-)?~ (') en ~! 'rt.i /. ,)o!iJ '/!.. - ~!t' ~ !r~ ffi I..' ..~. ~ '.0 d. Q~ - I! , " , SAIDIS, GUIDO. snUFF & MASLAND l6W, IlIah Sir'" CDllllle, PA PROPER'ry SE'rn,f:MEtIT.Jili.Il.1lMARATION h9ill1EM.Iilltt THIS AOREEMEN'l' mllcle thill ,)(,({ day of ))I(l"dL , 1996 between KIMBE1U,y A, NI88EL, of New Cumbot'land, Cumberland county, Pennaylvania, hereinafter referred to aa Wife, 1\ N D FRANKLIN P. NI88EL, of New Cumberland, CUmberland county, Pennsylvania, hereinafter referred to as Husband. WITNE88ETHI WHEREAS, in of disputes unhappy and conaequence differencea, the parties have been living aeparate and apart from each other; and WHERF~, the parties desire to confir.m their Beparation and make arrangements therewith, for the division their marital property and other righta and obligationa growing out of their marriage. NOW THEREFORE, in consideration of the covenants and promises hereinafter to be mutually kept and performed by each party, as well as for other good and valuable conaideration and intending to be lp.gally bound it ill agreed as follows: (1) It shall be lawful for each party at all timea hereafter to live separate and apart from the other party at auch place or placell aa he or ahe from time to time may chooae or deem fit. (2l Except as herein otherwille provided, each party hereby SAlOIS, GUIDO, snUFF & MASLAND 26 W, High S,,,,, ClUlloJ., PA releasea the othel' from any and all alaima, or demands up to the date of execution hereof. (3) 'rhe pal'tiou are the owncrs of clH'tain real estate with improvcmenta theroon ol'octed known na 580 Lew.tnberr.y Road, New Cumberland, Cumbel'land County, Pennaylvania. Wife agreea within thirty (30) days of the aigning of thia Agreement to convey /laid real estate to Husband by special warranty deed. Husband shall aasume full reapons ibility for all household expensea including, but not limited to, the mortgage to Mellon Bank, other liens of record, utility bills, insurance and real estate taxes in connection with' said property. With regqrd to all auch expenses, Huaband hereby agrees to hold Wife harmleaa and indemnify her from any losa thereon. Husband agrees to uae his best efforts to refinance the loan to Mellon Bank within six months from the date of this Agreement in order to remove Wife' a name from said loan obligation. Although Wife agrees to execute the Deed over to the property so that Husband may refinance said property, in the event that the property is sold, Husband will pay to Wife the aum of Ten Thousand Dollars ($10,000.00) after all mortgages are paid and cloaing costa are paid. (4) In the event that either party contracted or incurred any debts since the date of aeparation on June 23, 1995, Huaband and Wife acknowledge and agree that they have no other outatanding joint debta and obligations of the Husband and Wife incurred prior to the signing of this Agreement, except as followal A. A VISA through the Teamatera, B. A Maatercard from Colonial National Bank. Huaband agt'ees to assume the liability on both of theae charge acoounta, and will close aaid accounts once they are paid in full. Each party agrees to pay the outstanding joint debts as aet forth herein and further agr.ees to indemnify and save harmless the other from any and all claims and demanda made againat either of them by reason of such debts or obligations. (5) Each party relinquiahes any right, title and intereat he or she may have to ahy and all motor vehicles currently in posseasion of the other party, including the 1990 Honda Sonata in possession of the Wife and the 1991 Ranger Truck in the poaeeaeion of the Husband. Each party ahall execute any SAlOIS, GUIDO, SnUFF & MASLAND 26 W, IIIlh 51"" C.,II.le,PA documents neceaaary to have aaid vehiclea properly regiatered in the other party's name with the pennaylvania Department of Transportation. Huaband ahall assume full reaponaibility of the loan against the Ranger Truck, and shall hold Wife harmlesa and indemnify her from any losa thereon. (6) The parties hereto mutually agree that they have effected a satJ,sfactory division of the furniture, househol furnishings, appliances, tools and other household personal property between them, and they mutually agree that each part shall from and after the date hereof be the sole and separate owner of all l'Juch property preaently in his or her posllesaio whether said property was heretofore owned jointly 0 SAlOIS, GUIDO, snUFF & MASLAND 26 W, ItlSh 5',." Carli.I., PA individually by tho pnt'tiea hereto. Thill agreement ahall have the effect of an aosignment or bill of aale from each party to the othel' for such property aa may be in the individual posaosoion of each of the partiea hereto. (7) Each party hereby relinquiahea any right, title or intereat he or ahe may have in or to any intangible peraonal property currently titled in the name of or in the poaaession of the other party, including, but not limited to, Wife'a 401K plan with Invesco and Huaband' a 401K plan and penaion with Carolina Freight/ABF. (B) In conaideration of the mutual agreement a aa found in thia contract, the partiea do agree to execute the necesaary Affidavits of Conaent upon the requeat of either party, on or around the expiration of the atatutory 90 day period, which ahould occur on or about May B, 1996. (9) Except aa otherwise provided herein, Huaband ahall not pay to Wife nor Wife to Huaband any aum whatsoever aa alimony, alimony pendente lite, or for hia or het" aupport or maintenance. (10) Each party ia now repreaented by counael of hia and her own choice. Husband agreeR to pay one-half of Wife's attorneya feea for all legal servicea rendered in this matter. (11) Neither party ahall contract or incur any debt or liability for which the other party or hio or her property or eatate might be reaponsible and ahall indemnif.y and aave the other party harmlesa from any and all claima or demanda made againat him or her by reaaon of debta or obligationa incurred by the other party. SAID IS, GUIDO, sIIun' & MASJ,ANI> 26W.llla~SI"," C..II,",PA (12) Each of the partieB BhaH from time to time I at the requeat of the other, execute I acknowledge and deliveL' to the other party any Dnd all further inBtrumentn that may be reaBonably required to give full force nnd effect to the proviaion of thiB Agreement. (13) The partieB do hereby warrant, repreeent, acknowledge and agree that each ie fully and completely informud of, and is familiar with, the wealth, real and perBonal property, eetate and aeeetB, earninge and income of the other and that each has made a full and complete diecloeure to the other of his and her entire asaete and liabilitieB and any further enumeration or etatement thereof in thia Agreement is specifically waived. (141 Husband and Wife acknowledge that each of them has read and underatand hie and her righte and r.eeponaibilities under this Agreement and that they have executed thiB Agreement under no compulaion to do so but ae a voluntary act. (15) It ia further specifically understood and agreed by and betweon the parties hereto that each party accepts the provisiona herein made in lieu of and in full settlement and eatisfaction of any and all of said party's rights againet the other for past, preBent and future claims on account of support, maintenance, alimony, alimony pendente lite, counsel fees, coets and expenaes, equitable distribution of marital property and an other claims of each party, including all claims which have been raieed or may be raieed in an action for divorce. (16) Except ae may be otherwieo epecifically provided i thie Agreement, Husband and Wife, for themllelvee, their heirs, SAlOIS, GUIDO, SHUF'F & MASLAND 26 W, /!Ish 5".'1 CIlII.I., P^ representatives and assigns, each horeby forever releases, remises, discharges and quitclaims the other, and such other's heirs, reprel3entativoa, nOl3igno und eatate, from and with respect to the follawingl A. All liability, claima, cauaes af actian, damages, costs, contributions, expensea ar demands whatsaever in law ar in equitYI B. All rights, title, interest ar claims in or to any property af the ather, whether real, personal ar mixed and whether now owned ar hereafter acquired I c. All rights af curtesy and dower and all claims or rights in the nature af curteay and dawerl D. All widow or widawer'a rightsl E. All rights, title and interest or claims in or to the other' a estate, whether now owned or hereafter acquired, including but nat limited to all rights or claimsl (1) to take againat the other's willi (2) under the laws of intestacy I (3) to a family exemption or similar allowance I 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 right 0 or claima to any accauntingl G. All rights, claims, demands, liabilities and obligations arising out of or in connection with the marital relationship or the joint ownership of property, whether real, personal or mixedl H. All rights, claims, demands, liabilities and obligations arising the provisions of under Pennsylvania Pivorce Code, Act 26 of l~BO, 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. (17) This Agreement shall be construed under th~ law of the Commonwealth of Pennsylvania. If any provision of this Agreement is determined to be invalid or unenforceable, all other provisions shall continue in full force and effect. (lB) In the event that either of the parties shall recover a final judgment or decree of absolute divorce against the other in a court of competent jurisdiction, the provisions of this Agreement may be incorporated by reference or in substance but SAIDIS, GUIDO, snUFF & MAS LAND 26 w, III&h SIre" Carll, Ie, PA shall not be merged into such judgment or decree and this Agreement shall. survive any such final judgment or decree of absolute divorce and ohall be entirely independent thereof. (19) In the event that either party breaches any provision of this Agreement, and the other party retaino counsel to aosist in enforcing the terms thereof, the parties hereby agree that ths i P. .~ N f; W N 7\~s:: :To: <:):-r .'; , u... ',F~ ' I": (I ctl ~ I \12 1./ - i,l I,; ,. .II! t.' '(' ?; \.., \!;~ j;;,. .... ~ ,,, a c.ro SAlOIS, GUIDO, SHun' & MASLAND 2~ w. tllgh S,,,,, Curli~lc,I)^ . KIMBERLY A. NISSEL, Plaintiff fIN THE COURT OF COMMON PLEAS OF I CUMBERLAND COUNTY, PENNSYLVANIA I I NO. 96- /, '/,J ('Ii,"" I H.. , I I I IN DIVORCE v. FRANKLIN D. NISSEL, Defendant COMPLAINT UNDER SECTION 3301(c) ~301(d) OF THE DIVORCE CODE 1. Plaintiff ia Kimberly A. Nisael, who currently residea at 605 Third St., Apt #2, New Cumberland, Cumberland County, Pennaylvania. 2. Defendant is Franklin D. Nif.lsel, who currently residea at 580 Lewisberry Road, New Cumberland, Cumberland County, pennaylvania. 3. Plaintiff and Defendant have been bona fide residents in the Commonwealth for at least six months immediately previous to the filing of this Complaint. 4. The Plaintiff and Defendant were married on October 11, 1985 in Lewisberry, York County, Pennsylvania. 5. There have been no prior actions of divorce or for annulment betwGen the parties. 6. The Plaintiff has been advised of the availability of marriage counseling and the Plaintiff may have the right to request that the Court require the parties to participate in counseling. Having been so advised Plaintiff does not desire th Court to order counseling. 7. The marriage is irretrievably broken. '... .... :,- ';;' J ~ e, ') p '. \,; \..; "" ~ ~ ir: In ., " ';':1 ,.. .... ~~J ~;:! ,I". ,,' .1 ~~,) :0" , .. " ( r. I t:-~ I ..n . ,',") f" Jj' , , \ ' ~'fi G:. t, n" , , , .',1.1 ,~ I 1,1 . !IJ. L.. ~) " ,co " ..:. [~ ; ~ <:s e~ ... +J ~ ... a ~ :; 'rl III '" +J 'tl ~ ~g~ a W ~tl ! ~. 'rl . III . ... ~~Sl ~'" t;l ..... ~ Q) ~~ ~ 0 ~." ffi~ ~~ Ul H~ ~ ~~G~f: ~ Ul :So H . Z ~ ~ 0 s: ~c ~ ~ . . 0 ~ ., III ~ o~ tl lit; 0 u ,,~~-o i ~ )!l.J:t u ~ . "'~ a ~~ CIJ <( I ... u e ~~i~ ~ < CIJ 'a ~. . , SAIDIS, GUIDO, SHUFF & MASLAND 26 W. Hlih Sit"" Corll,k,PA KIMBERLY A. NISSBL, Plaintiff IN THE COUR'r OF COMMON PLEAS 0 CUMBERLAND COUN'ry, PENNSYLVANI ~I/,J.... 96-~ CIVIL TERM v, FRANKLIN D, NISSEL, Defendant CUSTODY &TIPULATION AND NOW, comes the Plaint J.ff, Kimberly A. Nissel, and the Defendant, Franklin D. Nissel who hereby stipulate as followst (1) Petitioner is Kimberly A. Nissel, an adult individual who currently resides at 605 Third St., Apt. #2, New Cumberland, cumberland County, Pennsylvania. (2) Respondent is Franklin D. Nissel, an adult individual who currently resides at 580 Lewisberry Road, New Cumberland, Cumberland County, Pennsylvania. (3) The parties are the natural mother and natural father of one child, Heather A. Nissel, D.O.B. 12/6/85. (4) The parties agree that they shall share primary legal custody of said child, (5) Tre parties further agree that the petitioner, Kimberly A. Nissel shall have primary physical custody of the child. (6) The parties further agree that the Respondent, Franklin D. Nissel shall enjoy periods of partial physical custody aD followSt (a) On alternating weekends from Friday evening at 6tOO p.m. until Sunday evening at 4:00 p.m., beginning wit the weekend of February 9, 1996; ~ 1'" (;; N ;::: i:J '3:~ I~ :'l:; I ~ '. Il.. ,'.).-.:1 . ,. CXI ; 'U) - IiJ~ Ijl (.) ~ t:~! F' ., ",. \t) a u 0' I. " \ ., I, ,I SAlOIS, (WmO, sltun' & MASLi\NIl 2h w. IIlgh S'n',' Curll~h:, I)A KIMBERLY A, NISSEL, PlaintHf IN TIlS COURT Oli' COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 96-642 Civil Term v. FRANKLIN D, NISSEL, Defendant IN DIVORCE DEFENDANT'S Af'FIDAVIT OF CONSENT. ACCEPTANCE: OF SERVICE..Am! muVSR OF NOTICIS OF INTENTION TO REOUEST )i;.NTRY OF JLDIVORCE 08CREE UNDER SECTION 3301 (c) OF THE DIY.QRCE CODp, 1. A Complaint in divorce under Section 3301(c) of the Oi'l'.1rc" r:'0ri", W,~q fllp,l 'Jr' Penrq,l)"/ 6, 1996, 2. Defendant acknowledges and accepts service of the Complaint on February 7, 1996, 3. The marriage cf 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 untii 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 understand that I may request that the court rea~irH counselling. I do not request that the court require counselllng. I verify that the statements made in this affidavit are tru and correct. I understand tbat false statements herein are made subject to the penalties of 18 Pa, C.S. Section 4904 relating t unsworn falsification to authorIties. --;h-J.. D IL.~O Frank D. Nisse 1 Defendant. DATE:P ~ /';'/10 /% r . ~ l."? f.; N ~ If. ,0 ~I ~ t;c :C '. :i' c.. (J~ h ~ '~l'l , h - t'~ , " 41 '1 i) I!. 1.>,1 II 0- c:J a b $