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Home My WebLink About96-00802 ~" ..;- ] , ;P .,.. - ~ c c o o ~ J r'b ~ .J " i. , " I, , " , ! , , " , , , 'I; " ," , ,} Ii' " , I I I I I , , " ,j' /) , " , , " , , " ! ~ , ,I 'e " , , , , " , '1,1, " I , , " 'I' ',,' " , " " " !-I 1111;; " " I ( "1 I J'III' , , ' , " " " 'I) i' " 'I \1' , , 1"1' I I 1 "I -, " -'1:'1 'r) I' , (I " II' " J.I' " " ,,) " " 'I! , , to): '" /1" I, ,I ", 01 ;I" 0< ( .Ii , , , , " , I " ,I " " d- , 'I i! " , 'I) " " , " , , " Ii 1;1 , " " " " ' ,I III " 11 'Ii-, , , , " \ " , ' " , I ',I 'tl , 1<1 i_I , " I , " , /1 i, " " '" , " " " I' I, It, ,1)1 " " I" , , i , I ., ", 1"1 , " I': ',' " J! , " " " " I ,II ,'1, )1, " " ,II 11"-) ". I , , , 11)" " " I, " " , , 1,-,- I_t '1'1' 'I ., ,I " :, " '" , , " " " , 11' ," ',: q, " , 'I, " , 'I , , , J! i' " 'I "I" ':il, " , " " , " . "I I " , , ,I , , " ," '", 'I> ,-tl " , )-,1 " ~ I I "I ',I, \ ., ',(1 " I' " , I , " ',' ',' 11 'J , , , I , " " " .'I_-i " " 'I " ',' " , Id -, ," l't_-l, .. 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" 1"'1 ":' "I ii' \ i' ,I ',t<\ f \"'.t.~, ''.t~':', (',:", 1[(,.;\'1 ("1 r'~'r 'I') ill'- ",d", i ,') ():>.Z (' 'I"~ I ' ' ' . . 'iU'I"1V ~~" ,/., 1'1,.1 .,.J ' 1 \ '~.I I,. p "\ \! '. j '11 "L.l, I',.,~.I qi",n ~t~ I" ' 1,1; J ,/ ,) , ' " " I .ii 'I " " 'I'll " 1,; " ., , ,I !) " , q II , , , " , , , , , I , , , , " , "! , 'd , , , " Ii \ i' " , >1 'i T " , " " ii '" I' " I jl , " I! ;II , ,. ., , , , " ;! 'i 1/ ,I " h , ~ , \ '. I I \ I I I " , ! I I I " , I I I I I I ! l ,. il " >; , ", " .~,Jl roger - dOnnelly m.a October 31, 1998 NOW, THEREFORE, In consideration of these considerations, and the mutual promises and undertakings hereinafter set forth, and for other good and valuable consideration, receipt and sufflclency of which Is hereby acknowledged by each of the parties hereto, HUSBAND and WIFE, each Intending to be legally bound, hereby covenant and agree as follows: 1. Advice of Counsel: The parties hereto acknowledge that each has been notified of his or her right to consult with counsel of his or her choice, and have been provided a copy of this agreement with which to consult with counsel, HUSBAND is represented by Roger M, Morgenthal. Esquire, and WIFE Is represented by Jerry A. Weigle, Esquire, Each party acknowledges and accepts that this agreement is, in the circumstances, fair and equitable, and that it Is being entered Into freely and voluntarily, after having received such advice and with such knowledge as each has sought from counsel, and that execution of this agreement Is not the result of any duress or undue Influence, and that it Is not the result of any improper or illegal agreement or agreements, 2, Divorce: The parties agree to the entry of a Decree In Divorce, The parties will execute, on the date of this agreement, Affidavits of Consent and Waivers of Notice under Section 3301(c) of the Divorce Code, consenting to the entry of a Decree in Divorce, 3, Personal Property: The parties acknowledge that they have equitably and satisfactorily divided all of their personal property, and that all personal property shall be the sole and individual property of the party In whose possession It Is as of the date of this agreement. 4, Real Property: The parties did not own any jointly held real estate, so no provision for such property is required in this Agreement, 5, Alimony: The parties waive any claim that they may have one against the other for alimony, alimony pendente lite or spousal support after the date of the Final Decree In Divorce, subject only to the payment of certain sums by HUSBAND as hereinafter provided for, The parties acknowledge that each has sufficient assets with which to maintain themselves after divorce, WIFE shall terminate the Domestic Relations Office case upon the execution of this Agreement. 6, Marital Debt: The parties may have, In their own names, certain credit card accounts or other obligations which may Include some marital debt. Each party will be responsible for the debt on the credit card accounts In his or her name, Each party will Incur no debt for which Ihe other may be lIahle, and will Indemnify and hold the other harmless for any debt so Incurred, 7, Custody: The parties do not have any children, so no provision needs to be made for custody and/or child support. 8, I I Lump Sum Payment and Medical Insurance: HUSBAND agrees to pay to WIFE I I I i I I upon the entry of a Final Decree In Divorce, the sum of $10,000,00 in cash, In full satisfaction of any claims which WIFE may have against HUSBAND for Equitable Distribution of Marital Property, Alimony, Support, Alimony Pendente Lite, or any other Issue, excepting only Medical Insurance, which Is covered hereafter, Upon the execution of this Agreement, HUSBAND shall deposit the sum of $10,000,00 In escrow with WIFE's attorney, to be turned over to WIFE upon the entry of the Court's IInal Decree In Divorce, WIFE's acceptance of the said sum shall certify that she will not appeal the Final Decree In Divorce or otherwise seek to change or modify this Agreement through Judicial means, In addition, HUSBAND shall provide medical insurance coverage through his employer, Rite Aid Corporation, as long as he shall be eligible for such coverage not counting any COBRA eligibility; HUSBAND represents that he will be subject to lay-off from said employment, but that the Insurance coverage may be extended for one year after his lay-off date, and he will maintain the same on himself and on WIFE, even though they will have been divorced by that date, In addition, HUSBAND will escrow for WIFE the sum of $2,000.00 to be used by her to obtain coverage through COBRA after the expiration date of his employment mljdlcal Insurance, or from any other source of her choice after that date, 9, Exchange of Information: The parties have requested from each other and received , any Information regarding their assets, liabilities, Income and expenses which the party requires prior to entering Into the terms of this Agreement. The parties acknowledge that the terms of this Agreement are fair and equitable and constitute an equitable distribution of marital property and debt, taking Into account all of the relevant factors set out in Section 3502 of the Divorce Code, 23 Pa, C,S,~3502 Including the length of the marriage; any prior marriage of the parties; the age. health, station, amounts and sources of Income, vocational skills, employability, estate, liabilities and needs of each of the parties: the contribution by each party to the education, training or increased earning power of the other; the opportunity of each party for future acquisitions of capital assets and income: the sources of income of both parties, including but not limited to, medical, retirement, Insurance or other benefits; the contribution or dissipation of each party In the acquisition, preservation, depreciation, or appreciate of the marital property, including the contribution of a party as homemaker; the value of the property set apart to each party; the standard of living of the parties during the marriage; the economic circumstances of each party including federal, state and local tax ramifications at the time of the division of the property, and whether the party will be serving as custodian of any dependent minor children, 10, ModificatIon: No modification, rescission, or amendment of this agreement shall be effective unless in writing signed by each of the parties hereto, 11, Applicable Law: All acts contemplated by this agreement shall be construed and enforced under the laws of the Commonwealth of Pennsylvania, 12, Agreement Binding on Parties and Hell1l: This agreement, excopt as otherwise expressly provided herein, shall bind the parties hereto, and their respective heirs. executors, admlnlstratol1l, legal representatives, assigns and successors In any Interest of the parties. 13. Agreement Not to be Merged: This agreement shall be Incorporated Into the final decree of divorce of the parties hereto for purposes of enforcement only, but otherwise shall not be merged Into said decree, The parties shall have the right to enforce this agreement under the Divorce Code of 1980, as amended, and In addition, shall retain any remedies In law or In equity under this agreement as an Independent contract. Such remedies In law or equity are specifically not waived or released, 14. Documents: The parties hereto agree that they will execute and deliver one to the other any documents necessary to give effect to the terms of this Agreement. 15. Full and Final Settlement: WIFE and HUSBAND each do hereby mutually remise, release, quitclaim and forever discharge the other and the estate of such other, for all time to come, and for all purposes whatsoever, of and from any and all rights, tilles, Interests or claims in or against the property (Including Income and gain from property hereafter accruing, of the other) or against the estate of such other, of whatever nature and wheresoever situate, which she or he now has or at any time hereafter may have against such other, the estate of such other or any part thereof, whether arising out of any former acts, contracts, engagements or liabilities of such other, or by way of dower or curtsey, or claims In the nature of dower or curtsey, or widows' or widowers' rights, family exemption or similar allowance, or under the intestate laws, or the right to take against the spouse's will; or the right to treat a lifetime conveyance by the other as testamentary, or all other Fa,oer - donnelly me. Oclober 3', 1998 , ' " rights of a surviving spouse to participate In a deceased spouse's estate, whether arising under the laws of Pennsylvania, any other State, or any other Country, or any rights which either spouse may have, or at any time hereafter have, for past, present or future support or maintenance, alimony, alimony pendente lite, counsel fees, costs or expenses, whether arising as a result of the marital relation or otherwise, except and only except, all rights and agreements and obligations of whatsoever nature arising or which may arise under this Agreement or before the breach of any thereof, It Is the Intention of HUSBAND and WIFE to give to each other by the execution of this Agreement a full, complete and general release with respect to any and all property of any kind or nc:ture, real, personal or mixed, which the other now owns or may hereafter acquire, except and only except, all rights and agreements and obligations of whatsoever nature arising or which may anse under this Agreement, or for the breach of any thereof, subject, however, to the Implementation and satisfaction of the condition precedent as set forth herein above, 16, BREACH: In the event that either party breaches any provision of this Agreement, he or she shall be responsible for any and all costs Incurred to enforce the Agreement, Including, but not limited to, court costs and counsel fees of the other party, In the event of breach, the other party shall have the right, at his or her election, to sue for damages for such breach or to seek such other and additional remedies as may be available to him or her, IN WITNESS WHEREOF,the parties hereto have set their hands and seals the day and year first above written, , Witness: "- I , i-c 'ii' , I , tt Ij' " , ,., ; ,!! I"~ J(J , , ,II , .\ I, " ,'./ " ., 1'1 " '.' il" 'I '; " " "I " , , Iii " , j t' , , , " " Ii' " , I, ,'I ., , I " " , , I t jll , I' " .') I jJ I ~ I , , " II , " ilt " t' t' , , , , , p " qL; I , , 'I , , d , , " il ;'l !; , , , , , , 'I n ,',\'n, ~,l (1',' '~I 'j:J l+r:J J ~Jdf it'l ' .:'a l1!j',: ':-' II,...... ',I :,~j,l; ,f.j.) ;','IITI , - ')1.,,:;1 , 0'1-1: ,;:;> 'ill. " -It'_i., , II.J I..~II' "("1 !.II ~.. ' j.-,', I' ,I,; ,,-1,.'~ '. I ~', 'J 'I, !-.~ l :' :,~ : "'I' ~l ~,. , ~,:~ I .. , ;'i .~ ~1{;j , , ~., N> , ". .or, .', I":; ';'1 ,\ , , I,J"." I) , , " \, " '~' "'\Wf\II\dl."n'.\donn.lly,"'m 01" 3Il1,\.IItH15 HARRY J, DONNELLY, Pl.'nt'ff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - DIVORCE VI, SHIRLEY L, DONNELLY, Defendant NO, 96. ,. CIVIL TERM IN DIVORCE .N.o:nce YOU HAVE BEEN SUED IN COURT, It you wish to defend against the claims set forth In the following pages, you must take prompt action, You are warned that if you fall 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 tho ground for the divorce is indignities or irretrievable breakdown of the marriage, you may request marriage counseling, A list of marriage counselors is available In the Office of the Prothonotary at the Cumberland County Court House, Carlisle, Pennsylvania, 17013, IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY, LAWYERS FEES OR EXPENSES BEFORE A DECREE OF 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 TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Court Administrator, Fourth Floor Cumberland County Court House Carlisle, Pennsylvania 17013 (717) 240.62GO 'I . ( I t II' ,\ ,:.1 " .; t) it ,;,' :~ ! ',I " ~. IJ .... - C" .. . " II . , , " 1',1 " 'Ii II 1', " Ii " " II , ,il ~ ~ , " 1 i' i! 'I, Ii " 0/ " "I ,I ~ , I" \,1 , iI jli , , " i' " 1\ " ,'I >, iil '" Hi " ., " , \)1 " i' "!I"I ': I H ~ , 'i " " , " " , , ii, , , , " " , !;,. !f , i'l ~ , . iI " .j,'! ',\' .;', " , d " , " , , , -J, , " , , , " 'I " , \, , , , II, " .j 'I " r' i1 II H " , " ;1 ,.',1 ,..J >I,.]., ,,' j; , (I I ',il I-I iq I"~ ,(, (.') " l, oj') I (J 'C;,,) .. 1\,.... -I'l ':\):rl 'b~;" I \j " ,ljll... 2:/':, ~\:.. :,',:;9 t'!;)" '.. , )t) .... \, I,,,,) (I).. J . 11 .. ~ 1 " I OJ I, .)~) ,... . . " , . ~. . J' ''1'' 1.;l'''~!V; .. 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J ;'-, t;--, I '--,I i-I " 'j,1 I , " ", , 'I " "il , , , , , , , " , " I_', , "-j "I 1\ , " ,I , , I 'I , n;.\' I '~tJ; Ii ?j- -""~ \ l~ '\ -,'" or' ~ ~ " , , ., 1, " " Ii 'I' '. , . , i' " " . , , II, 'I " , , " , , " '. , ," ., " " " ;'1 ;1 ':j " " , , I , , {II " ! (, 'Iii , _;1 " 1,) i , II " I', " I , -,I !I'" " ,/ " !,' , I " '1_1 , , , '" I' ,.". ;,1 ,1.\ r,; " " '." J ~ ,I. " ;'j . 'f' \, r ,~ , " .; I) ; ~ ;. 'k !' HARRY J. DONNELLY, IN THE COURT OF COMMON PLEAS OF CUMBERLAND CO" PENNSYLVANIA CIVIL ACTION. DIVORCE Plaintiff va. SHIRLEY L. DONNELLY, Defendant NO, 96. 802 CIVIL TERM IN DIVORCE NOTICE If you wish to deny any of the statements set forth In this Affidavit, you must file a counter.statement within twenty days after this affidavit has been served on you or the statements will be admitted, AffiDAVIT UNOE.R SECTION~ ~.-CE-CQtlE 1, The Parties to this action separated on January 15, 1996, 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. ~BlElCAJ.IQN I, the undersigned, hereby verify that the statements made herein 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 aut orlties, , , 1,1 " " , , , ,I. I,q , , ,j; , , " " " p ", ih ,1'1 \ I, i, 'j! 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