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IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY
STATE OF ~, PENNA.
.JOIlN O. S'I'OUGII,
l'laintl.ff
1\11, %-64,5
VI '1'., 11.'1
PATRICIA ANN STOUGH,
Defendant
DECREE IN
DIVORCE
AND NOW, ,..", ":<)"Pk,.,-Ir~.., ,'(" 19, .'!.'." It Is ordered and
decreed that", .. ,.Iohn .<)" Sl;Q\IIj)l" " "",..., ,.,.,... .., plaintiff,
and .",.." .""..r).a.t;I,"~~,i.'1.!\P.n.,:3tp,U'lI)" ,....,",.., defendant,
ore divorced from the bonds of matrimony.
The court retains lurlsdlctlon of the following claims which hove
been raised of record In this action for which 0 final order hos not yet
been entered;
. . . . .~~e, ~~~~~.La,'1'? S,et t 1 ~n~",nt. 1\'1~?em~~ t, .da t?d. .0U~~,fl.~ , 27... ,I? ?6. J ~,
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other claims.
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HMBIMJUIU!l.LMJllf.'l'_A!lRlJIlHUI'l
THIS ~QRBI!lHBNT, mode this ,.:;7'M day 0f ~V'r;"1,.1
, 1996,
by and between JOHN O. STOUGH, hereinllfter referred to liS HUSBANP
and P~TRICI~ ANN STOUGH, hereinofter referred to liB WIFE.
WIT N B S S I!l T HI
"HtlRB~S, IIUSBAND and WIFE were lawfully mar.ried on March 26,
19821 and
WHI!lRtl~B, one child was born as a result of thLs marriage and
that child is KATIE l\NN REBECCl\ STOUGlI; and
WHERtlAB, certain differences have arisen between the parties
as a result of which they have decided to separate and to live
separate and apart from one another, and it is the intention of
HUSBAND and WIFE to live separate and apart for the rest of their
natural lives, and the parties hereto are desirous of settling
fully and finally their respective financial and property rights
and obligations as between each other,
inclUding without
limitation, (1) the settlement of all matters between them relating
to the ownership of real and personal property; (2) the settlement
of all matters between them relating to past, present and future
support and/or alimony; and (3) t;lte-.&et-t!lement. Of'8.11'l1Ial:l:&r& ~ r:;
Be~w",,,,.. ttnrm--relatinq-.to custQay ,-' legal al'Hl ymya.\.oal, 9f .th.ai..r iJ~
l1IiRar ehildr and (4) the settlement and conclusion of their legal
status as a married coupler and
WHEREAS, during the parties' marriage there has been a
complete disclosure of the earnings and property of each party, and
each undorstands his/her riqhtl3 under the pivorce Code of the
commonwealth of pennsylvania I and
"HtllUl~8, IlUBllANP, hnv ing boon pr.oporl y ndv isad by h is counsel,
R. Mark 'l'homas, Esquiro, nnd WIFE, who is not represented by
counsel, but who has boon advisod that sho has the right to soek
the advice of counsel of her. own choice either in negotiating this
agreement, or in being provided on opportunity to review this
agreement with counsel of hor. choico prior to affixing her
signature hereto, but who horeby voluntarily, knowingly and
intelligently waives those rights because she believes this
agreement to be fair and equitablo under the circumstances, and the
parties hereto have come to this agreement:
NOW, THEREFORE, in consideration of the above recitals and the
following covenants and promises mutually made and mutually to be
kept, the parties, intending to be logally bound, agree as folloWS!
1. [illREEMEN'l' NO'l' '1'0 BE TI BAIL'l'Q..JJI VORCE p.BQ.QEl;.Q1lliili
A complaint in Divorce was filed to No. 96-645 civil Term in
the Court of Common Pleas of cumberland county, pennsylvania. The
parties intend to secure a mutual consent, no-fault divorce
pursuant to the terms of section 3301(0) of the Divorce Code of
1980. Ninety (90) days have passed since the filing of the
complaint. Each of the parties hereto agrees to sign an Affidavit
of consent agreeing to the divorce under section 3301(c), and a
Waiver of the Notice of Intention to obtain a Divorce Decree as
required by Rule 1920.42(e). This Marriage Settlement Agreement
2
shall De incor~orated into the final Decree in Divoroe. No court
may change the terms of this Agreement, which shall be enforc"d in
accordance with its terms.
2 . fEB1JJlliAL...Jlliill'l'fJ.
HUSBAND and WIFE may and shall, at all times hereafter, live
separate and apart. Each shall be free from all control,
restraint, interference or authority, direct or indirect, by the
other in all respects as fully as if he or she were unmarried.
Each may reside at such place or placos as ho or she may select.
Each may, for his or her separato use or benef it, conduct, carryon
and engage in any business, occupation, profession or employment
which to him or her may seem advisable. This provision shall not
be taken, however, to be an admission on the part of either HUSBAND
or WIFE of the lawfulness of the en uses which led to or resulted
in, the continuation of their living apart.
3 . DEBTS
As of the date of this Agreement, the partIes have an
outstanding balance due and owing on a VISA Account No. 5413 5810
0217 5767. The outstandIng balance due and owing is approximately
$1,000.00. WIFE hereby agrees to assume full financial
responsibility to pay the outstanding balance on the above VISA
Account. WIFE is the party who indicated that the approximate
balance is $1,000.00. Whatever the balance is WIFE agrees to
assume full financial responsibility for that balance. If WIFE
fails to make payment in full and HUSBAND Incurs debt as a result
3
of her failure to make payment in full, or the responsibility to
make payments on this credit balance as a result of WIFE'S failure
to pay this balance, then WIn, hereby 8greos to fully indemnify
HUSBAND for any payments made by him on account of hor failure to
make payments.
HUSBAND heroby agrees to assumo all other marital debts which
the parties had incurrlld prior to their separation in April, 1988.
4. llYU>>AND'S D~
HUSBAND represents and warrants to WIFE that, oxcept for the
:Joint dobts set forth in this Agreoment, he has not and in the
future he will not contract or incur any debt or liability for
which WIFE or her estate might be responsible and shall indemnify
and save WIFE harmless from any and all claims or demands made
against her by reason of debts or obligations incurred by him.
5. WIFE'S D~
WIFE represents and warrants to HUSBAND that, except for the
:Joint debts set forth in this Agreement, she has not and in the
future she will not contract or incur any debt or liability for
which HUSBAND or his estate might be responsible and shall
indemnify and save HUSBAND harmless from any and all claims or
demands made against. him by reason of debts or obligations incurred
by her.
6. PERSONAL PR~R1'~
HUSBAND and WIFE hereby acknowledge that they have agreed upon
the division of all tangible personal property/ inclUding :Jewelry,
4
olothing, furniture, houaehold equipment, applianaea, motor
vehiolea, reoreational vehiclea and tools. Each party agreea that
these items have already been divided and each party is the owner
of any itemB of marital property currontly in their POBsossion,
This Agreement shall act as a bill of salo ovidonclng the tranBfer
of ownership to the individual pllrty of all itemB in their
poaaeaBion.
7. AmR::li.!;_Q.lJlRED"...Er;nB9NAld'BQP,f,il'1'1'.
Each of the parties sha 11 herea fter own and enjoy,
independently of any claims or rights of the other, all itemB of
peraonal property, tangible or intangible, hereafter acquired by
him or her, with full power in him or her to diapose of the same as
fully and effect ively, in all respects and for all purposes, aa
though he or she were unmarried.
8. MARI'rA1LBE1.l.IJ2E.liQ.E
The marital residence was neither owned nor in the procesa of
being purchaaed by the parties as of the date of aeparation, or the
date of thia Agreement. HUSBAND livea at the reBidence which is
located at 15 E. Keller street, Mechanicsburg, Cumberland County,
Pennsylvania, pursuant to a leaae agreement with the owner of the
premiaea. WIFE heroby agreeB that Bhe has no intereat in the
marital residence and forever gives up any right, claim or intereat
that she may have with respect to thia marital residence,
5
9. ALlMON'll
Thin Agreement does not provide for alimony to either party.
Each party understands that by executing this Agreement they are
hereby giving up and/or waiving any right or claim to alimony or
spousal support in any fashion. lie nc.: e forth, ol\ch party will be
responsible solely for their own support and maintenance.
1Q. BF.LEAS.l';
subject to the provisions of this Agreement, each party has
released and discharged, and by this Agreement does for himself or
herself, and his or her heirs, legal representatives, executors,
administrators and assigns, release, indemni fy (including actual
legal fees) and discharge the other of and from all causes of
action, claims, rights, or demands, whatsoever in law or equity,
including equitable distribution, spousal support, alimony, counsel
fees, alimony pendente lite and expenses which of the parties
against the other ever had, now has, or may have in the future
under the pennsylvania Divorce Code, as amended, or under any other
statutory or common law, except as set forth below in this
paragraph, all causos of action for divorce, and all causes of
action for breach of any provisions of this Agreement, including
proceedings to enforce this Agreement pursuant to the provisions of
the Divorce Code. Each party also waives his or her. right to
request marl tal counseling, pursuant to the Divorce code.
6
1],. WAIVERS Qf. CLAIMILMillltl5!Lm!!1'A'l'E.e
Except as herein otherwlse provided, each party may dispoSe of
his or her own property in any way, and each party hereby waives
and relinquishes any and all rights he or she mllY now hllve or
hereafter acquire under the prosent or future laws of any
jurisdiction, to share in the property or estate of the other as a
result of the marital relationship, inclUding without limitation,
dower, curtesy, statutory allowance, widow's allowance, right to
take against the Will of the other, and right to act as
administrator or executor of the other's estate, and any right
existing now or in the future under the Pennsylvania Uivorce Code,
as amended from time to time, and each will, at the request of the
other, execute, acknowledge and deliver any and nIl instruments
which may be necessary or advJ.sable to carry into effect this
mutual waiver and relinquishment of all such interests, rights and
claims.
12. RIGII'l'S ON ElillCUTION
Immediately upon the execution of this Agreement, the right's
of each party against the other, despite their continuing marital
status, shall terminate and be as if they were never married.
13. I&QAL FEES
If either party to this Agreement resorts to a lawsuit or
other legal action to enforce the provisl,ons of this Agreement, the
successful party shall be entitled to recover his or her reasonable
counsel fees, actually incurred, from the other as a part of the
7
judgment entered in suoh logal aotion, whether in law, in equity or
pursuant to the provisions of the Divoroe code, as the same shall
be determined by the Court.
14. 6/)D 1'1' IOtlAlL.Il'JJi'A'HUMttl1Il
Eaoh of the partios shall from time to time, at the request of
the other, exeoute, acknowledge and del iver to the other party, any
and all furthor instruments that may be reasonably required to give
full foroe and effect to the provisions of this Agreement.
15 . EN '1' II!JL.A~E.E.EMID'l...'.r
This Agreement contains the entire understanding of the
parties, except for representations which are contained in a
separate document entitled "ReprOllOntations Made to Wife" which has
been signed and notarized by WIFE. otherwise, this Agreement
contains the entire understanding of the parties and there are no
other representation, warranties, covenants or undertakings other
than those expressly set forth herein. IIUSBAND and WIFE
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 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
B
their property by any court of competent jurisdict ion. IIU613ANP Rnd
WIFE each voluntarily nnd intelligentlY wBive Ilnd relinquish any
right to seek a court ordured determinBtion and distribution of
marital property, but nothing herein contained shall constitute 1\
waiver by either party of any rights to flock the relief of any
court for the purposc of enforcing the provisions of this
Agreement.
16. l'IODIFICA'lTQlU\ND WAmB
A modification or waiver of any of tho provisions of this
Agreement shall be effective only if made in writing and executed
with the same formality as this Agreemcnt. 'rhe failure of either
party to insist upon strict performance of the provisions of this
Agreement shall not be construed as a waiver of any subsequent
default of the same or similar nature.
17. VOLUNTARY EXEc~11Qtl
Each party acknowledges that the 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 which has been requested by each of
them.
9
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JOliN O. S'l'OUGH,
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
plaintiff
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CIVIL TERM
VI.
PA'l'IUC IA ANN S'l'OUGII,
Defendant
IN DIVORCE
'RABOl'B TO TRAM8KIT RECORD
To the Prothonotary:
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
3301(c) :SlUl!l(lll) of the Divorce Code.
soction. )
2. Date and manner of service of the complaint: J./~/~6
(strike out inapplicable
Sent Certified Mail, Heturn jlcceipt Hcquestcd, U.S. First ClUBS
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:
by plaintiff: 8/J.7/Y6
by defendant: 8/J.7/~6
(b) (1) Date of execution of the plaintiff's affidavit
required by section 3301(d) of the Divorce Code:
(2) Date of execution of the plaintiff's affidavit
upon the defendant:
4. Related claims pending: ~lal'ria'1'2 sl,ttl',lnent Agrecmcnt
datcd August n, 1 YIJ6.
5. Date and manner of service of the notice of intention to
file praecipe to transmit record, a copy of which is attached, if
the decree is to be entered under section 3301(d)(1) (i) of the
Divorce Code.
At&~~;t t~~~){;.~)J (lD.f.~IIIIl~X)
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East Keller street, Mechllnicsburg, cumberland county, pennsylvania.
2. Defendant is patricia Ann stough, who currentlY resides
at 912 West Trindle Road, Mechanicsburg, cumb~rland county,
pennsylvania.
3. Both parties have been bona f ide residents of the
commonwealth of pennsylvania for a period of marc than six months
immediatelY preceding the filing of this complaint.
4. The parties were married on the 26th day of March, 1982
at Mechanicsburg, pennsylvania.
5. Neither plaintiff nor Defendant is in the military or
naval service of the united states or its allies within the
provisions of the soldiers and Sailors civil Relief Act of the
congress of 1940 and its amendments.
6. There has been no prior action for divorce or annulment
instituted by either of the parties in this or any other
jurisdiction.
7. Plaintiff has been advised that counselling is available
and that plaintiff may have the right to request that the court
require the parties to participate in counselling.
8. The marriage of the parties i. irretrievably broken.
WHEREFORE, Plaintiff respectfully requests the court to enter
a Deere. of Divorce pursuant to 53301 of the Divorce Code.
Re.pectfully sUbmitted,
.,,<;1 , />-h. /
)(/~/j~T' /t / /.:;') IUI-oJ
R. Mark Thomas, Esquire
Attorney for Plaintiff
54 E. Main street
Mechanicsburg, PA 17056
(717)697-4660
1.0.' 41301
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