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HomeMy WebLinkAbout96-01030 " a} ~ IJ . -7 I aJ IJ I c.. I I~ I , J I ! t p 19 J U I i 10 1r0 !o ,- I I I -5J CT . -/ -E . to time at such place oe places as they shalL eespectively deem fit feee feom any conteol, eesteaint, or interference, direct or indirect, by each other. Neither party shall molest the other or compel or endeavor to compeL the other to cohabIt or dwell with him or her by any legal or other proceedings. The foregoing provisions shall not be taken to be an admission on the part of either Husband or Wife of the lawfulness of the causes leading to them living separate and apart. ART1CLB 11 DIVORCE :1.1 This Agreement is not predicated on divorce. It is specifically understood and agreed by and between the parties hereto and each of the said parties does hereby warrant and represent to the other that the execution and delivery of this Agreement is not predicated upon nor made subject too any agreement for institution, prosecution, defense, or for the non-prosecution or non-defense of any action for divorce; provided, however, that nothing contained in this Agreement shall prevent or preclude either of the parties hereto from commencing, instituting or prosecuting any action or actions for divorce, either absolute or otherwise, upon just, legal and proper grounds; not to prevent either party from defending any such action which has been, may, or shall be instituted by the other party, or from making any just or proper defense thereto. It is warranted, covenanted, and 3 . repreaented by Huaband and Wife, each to the other, that this Agreement is lawful and enforceable and this warranty, covenant, and representation is made for the specific purpose of inducing Husband and wife to execute the Agreement, Husband and Wife each knowingly and underatandingly hereby waive any and all possible claims that thia Agreement is, for any reason, illegal, or for any reason whatsoever of public policy, unenforceable in whole or in part. Husband and Wife do each hereby warrant, covenant and agree that, in any possible event, he and ahe are and ahall forever be estopped from asserting any illegality or unenforceability as to all or any part of this Agreement. 2,2 It is further specifically understood and agreed that the provision of this Agreement relating t.o the equitable distribution of property of the parties are accepted by each party as a final settlement for all purposes whatsoever, Should either of the parties obtain a decree, judgment or order of separation or divorce ia any other state, country, or jurisdiction, each of the parties to this Agreement hereby consents and agrees that this Agreement and all its covenants shall not be affected in any way by any such separation and divorce; and that nothing in any such decree, judgment, order of further modification or revision thereof shall alter, amend or vary any term of this Agreement, whether or not either or both of the parties should remarry, it being understood 4 . . . by and between the parties that this Agreement shall survive and shaLL not be merged into any decree, judgment or order of divorce or separation. ~.3 It is specifically agreed that a copy of this Agreement may be incorporated by reference into any divorce judgment or decree if or whenever sought by either of the parties hereto, Such incorporation, however, shall not be regarded as a merger, it being the intent of the parties to permit this Agreement to survive any such judgment or decree. ~.. The parties hereby acknowledge that wife has filed a Complaint in Divorce in Cumberland County indexed to docket number 96-584, claiming that the marriage is irretrievably broken under the no- fault mutual consent provision of Section 3301(c) of the Pennsylvania Divorce Code. Husband hereby expresses his intent to execute any and all affidavlts or other documents necessary for the parties to obtain an absolute divorce pursuant to Section 3301(c) of the Divorce Code. The parties hereby walve all rights to request Court-ordered counseling under the Divorce Code. It is further specifically understood and agreed by the parties that the provisions of this Agreement as to equitable distribution of property of the parties are accepted by each party as a final settlement for all purposes whataoever, as contemplated by the 5 , . . P6nnsylvania Divorce Code. ARUCLB IU EOUITABLE DISTRIBUTION OF MARITAL PROPERTY 3.1 The parties have attempted to divide their marital property in a manner which. conforms to the criteria set forth in the Pennsylvania Divorce Code, and taking into account the following considerations: the length of the marriage; the prior marriages of the parties; the age, health, station, amount and sources of income, vocational skills, employability; estate, liabilities, and needs for each of the parties; the contribution of one party to the education, training or increased earning power to the other party; the opportunity of each party for future acquisition 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 appreciation of marital property, including the contribution of a party as a homemaker; the value of the property set apart to each party; the standard of living of the parties established during their marriage; the economic circumstances of each party, including federal, state and local tax ramificativns, at the time of the division of the property is to become effective; and whether the parties will be serving as the custodian of any dependent minor children, 6 . , 3.2 The division of existing marital property is not intended by the parties to constitute in any way a sale or exchange of assets and the division is being effected without the introduction of outside funds or other property not constituting marital property. The division of property under this Agreement shall be in full satisfaction of all rights of equitable distribution of the parties. 3.3 Personal Prooertv. Wife acknowledges that Husband will receive as his sole and exclusive property: couch, pink recliner, end table, lamp, television, VCR, and Cape May print all from the family room; table and chairs, refrigerator, washer and dryer all from the kitchen; and all contents of the garage except some miscellaneous items to wife as agreed to by the parties. Husband acknowledges that wife will receive as her sole and exclusive property: all remaining contents, furniture and furnishings in the marital home not specifically listed as the property of Husband in the preceding paragraph. Except for the above mentioned items, the parties acknowledge that they have divided their personal property to their mutual satisfaction. The parties further acknowledge that they have the personal property in their possession that they wish to have and neither will make any claim whatsoever against the other party for 7 . . . any other items of personal property in that other party's possession, Should it become necessary, the parties each agree to sign, upon request, any titles or documents necessary to effectuate the intent of this paragraph. 3.4 Life Insurance. Each party agrees that the other party shall have sole ownership of any life insurance policies owned by the other party. Each party shall have the right to borrow against, cash in policies, change beneficiaries, and exercise any other incidents of ownership of the respective policies free of any right or claim by the other party. Each party agrees to sign any documents necessary to waive, relinquish or transfer any rights in such policies to the respective party who presently owns such policies. 3,5 Subsoauentlv Acauired Propertv. Husband and Wife agree to waive and relinquish any and all right that he or she may now have or hereafter acquire in any real or personal property acquired by the other party after Husband and Wife separated in September 1995, Husband and Wife specifically agree to waive and relinquish any right in such property that may arise as a result of the marriage relationship. 3,6 B Real Estate, The parties have listed for sale and are about to sell their home at 3817 Leyland Drive, Mechanicsburg, Pennsylvania. CJ.osing on the sale is scheduled for June 15, 1996. The parties agree to equally divide the net proceeds from the sale of said real estate after deduction of closing costs, satisfaction of the first mortgage and outstanding home equity loan. From her portion of the net real estate sale proceeds, Wife agrees to pay to Husband the sum of $7,000.00 representing the value of Husband's equitable share in Wife's 1993 Taurus station wagon and his equitable share in Wife's Individual Retirement Account. 3,' Pension. Retirement. Profit-Sharinq. Wife agrees to waive, transfer, or relinquish any and all of her right, title and interest she has or may have in her individual capacity or as Husband's wife in any and all pension, retirement, profit-sharing, stock options, IRAs or similar accounts which Husband has secured or may secure. Husband agrees to waive, transfer or relinquish any and all of his right, title and interest he has or may have in his individual capacity or as Wife's husband in any and all pension, retirement, profit-sharing, stock options, IRAs or similar accounts which Wife has secured or may secure, ARTICLE IV Alimonv. Alimonv Pendente Lite. Counsel Fees 9 and Costs. Child SUDoort. Colleqe SuoDort and Orthodontia t.1 Husband and Wife agree to relinquish any claim or right for spousal support, alimony, alimony pendente lite, counsel fees and costs now and for the future from the other, t.2 Husband agrees to pay child support to wife for the benefit of the parties' daughter, Danielle, in a sum as the parties may agree. If the parties are unable to agree or Husband becomes delinquent in his child support payments, Wife may file in an appropriate Court for the entry of a support order. 4,3 Both parties agree to contribute to the undergraduate college costs and expenses of their daughter in a ratio to the parties' then respective incomes. 4.t Both parties agree to pay for orthodontic treatment lbraces) for their daughter in a ratio to the parties respective incomes. ARTICLE V Debt of the Parties 5.1 Each party represents to the other that since the parties' 10 separation, neither party has contracted for any debts for which the other will be responsible and each party indemnifies and holds harmless the other for all obligations separately incurred or assumed under this Agreement. Each party will assume payment of their own existing credit card debt. Husband agrees to payoff and be exclusively responsible for payment of a Visa Card debt, Husband further agrees to remove Wife's name from ownership of said visa account and remove wife's name from any and all other jointly owned credit cards and accounts. ARTICLE VI Miscellaneous Provisions 6.1 Voluntary Execution, The parties hereto have had an opportunity to review this Agreement independently of the other, and have been informed of the right to haye this Agreeme~t reviewed and examined by an attorney of his or her own choice, It being clear to each party that Gail Perdue has been represented by Jay R. Braderman, Esquire, and that Randolph J. Perdue is not represented by counsel but understands the meaning and import of every paragraph of the within Agreement. Each party has been given an opportunity to read and review this document, and haye this document read and review by his or her attorney prior to the signing of this Agreement. Each. party acknowledges that the Agreement is fair and equitable and is being entered into 11 voluntarily, and that it is not the result of any duress or undo influence; that by affixing their respective signatures to this Agreement is an indication that they have read this Agreement and are informed by its content. Each party is satisfied that an equitable overall result is being accomplished by the terms of this Agreement, and more specifically, it is a desire to each party to remain free of the claims of the other. 6.2 Mutual Release, Husband and Wife each do hereby mutually remise, release, quitclaim, and forever discharge the other and the estate of such other, fer all times to come and for all purposes whatsoever, of and from any and all right, title and interest, or claims in or against the property lincluding income and gain from property hereafter accruing) of the other or against the estate of such other, of whatever nature and wheresoever situate, which he or she 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 as by way of dower or curtesy, or claims in the nature of dower or curt~sy or widow's or widower's 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 testimony, or all other rights of surviving spouse to participate in a deceased spouse's estate, 12 whether arising under the laws of (a) P~nnsylvania, lb) any state, commonwealth or territory of the united States, or (c) any other country, or any rights which either party may have or at any time hereafter have for past, present, or future 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 for the breach of any thereof, It is the intention of Husband and Wife to give to each other by execution of this Agreement a full, complete, and general release with respect to any and all property of any kind ~r nature, real or personal, not mixed, which the other now owns or may hereafter acquire, except and only except, all rights and agreements and obligations of ~hatsoever nature arising or which may arise under this Agreement or for the breach of any provision thereof. 6,3 Warranties, Each party represents that they have not heretofore incurred or contracted for any debt or liability or obli~ation for which the estate of the other party may be responsible or liable, except as may be provided for in this Agreemp.nt, Each party agrees to indemnify or hold the other party harmless from and against any and all such debts, liabilities or obligations of every of them, including those for necessities, 13 .. except for the obligations arising out of this Agreement. Husband and Wife each warrant, covenant, represent and agree that each Will, now and at all times hereafter, save harmless and keep the other indemnified from all debts, charges and liabilities incurred by the other after the parties' separation in September, 1995, except as is otherwise specifically provided for any the terms of this Agreement and that neither of them hereafter incur any liability whatsoever for which the estate of the other may be liable. 6,4 No waiver or modification of any of the terms of this Agreement shall be valid unless in writing and signed by both parties and no waiver of any breach hereof or default hereunder shall be deemed a waiver of any subsequent default of the same or similar nature, 6.5 Husband and Wife covenant and agree that they will forthwith execute any and all written instruments, assignments, releases, satisfactions, deeds, notes or such other writings as may be necessary or desirable for the proper implementation of this Agreement. 6.6 This Agreement shall be construed in accordance with the law 14 of the Commonwealth of Pennsylvania which are in effect as of the date of execution of this Agreement, 6.7 This Agreement shall be binding and shall inure to the benefit of the parties hereto and their respective heirs, executors, administrators, successors and assigns, 6.8 This Agreement constitutes the entire understanding of the parties and supersedes any and all prior agreements and negotiations between them. There are no representations or warranties other than those expressly set forth herein. 6,9 Severabilitv. If any term, condition, clause, section, or provision of this Agreement shall be determined or declared to be void or invalid in law or otherwise, then only that term, condition, clause, or provision shall be stricken from this Agreement, and in all other respects, this Agreement shall be valid and continue in full force, effect, and operation. Likewise, the failure of any party to meet his or her obligation under anyone or more of the articles and sections herein shall in no way void or alter the remaining obligations of the parties. 6.10 It is specifically understood and agreed that this Agreement 15 constitutes an equitable distribution of property, both real and personal, which was legally and beneficially acquired by Husband and Wife, or either of them, during the marriage as contemplated by the Divorce Code of the Commonwealth of Pennsylvania, 6.11 ~losure. The parties waive their rights to require the filing of financial disclosure statements by the olher, although the parties have been advised that it is their legal right to have these disclosures made prior to entering into this Agreement and by entering into this Agreement without reliance upon financial disclosure, the parties are forever waiving their right to request or use that as a basis to overturn this Agreement. 6.12 Enforceabilitv and Consideration, This Agreement shall survive any action for divorce and decree of divorce and shall forever be binding and conclusive on the parties; and any independent action may be brought, either at law or in equity, to enforce the terms of the Agreement by either Husband or Wife until it shall have been fully satisfied and performed. The consideration for this contract and agreement is the mutual benefits to be obtained by both of the parties hereto and the covenants and agreements of each of the parties to the other, The adequacy of the consideration for all agreements herein contained is stipulated, confessed, and admitted by the parties, and the 16 . .~ :r" 'J> :::to ":) ...,. r-- Y 1 . ~ , '~ - ~ "i"'."'+ ',j ~, .\:::: j ~ ~ i", ., '>.0 '-' _ .... - "" ., '''~ 1;; ) -\1 " ~ it ." ." <t '-.:.;,: "" ..,j '- ' - ... "~ J .J ~ t .::; lri' " .J .... ~'t:::' "..I ..) 1,('\' ,,~ ':X; - -- --- ~ ~ ~ 0 .. 0 Z ;:: ~ ~ c( t;j ~ 2 Iii a: w U1 ~ ~ w ~:II > N UJ ~ U 0 "')( ~ ~~~~~ t:. lDgo~ ~ ~ . tl .. ( a::.,j , ~ ..I .. Cl ... >- N a: - ... c( - :J ... "") m cr a: < J: . j;} /./ '" I I I f " Z ,. c( Iii ~ ~ :I <( a: w - 1- <II a:"'Z N w W "':ll<( '" U 0 <II > .. " ii: ~ ~)(~ ;;: I. Il. <110<11 ~ 0 lD :JalZ !:: ~ 80ffi w <( Ii ~ ,J ~o.:Q. ~ ~ Cl . w a: " ::J w .., al ... <II It ~ 1: . . GAIL PERDUE, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 96-1030 Civil Term v. Defendant CIVIL ACTION - LAW IN DIVORCE RANDOLPH J. PERDUE, WAIVER or NOTICE or INTENTION TO REQUEST ENTRY or A DIVORCE DECREE UNDER SKCTION 3301 (c) or THE DIVORCZ CODZ 1. I consent to the entry of a final Decree of Divorce without notice. 2. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expen.es if I do not claim them before a divorce is granted. 3. I understand that I will not be divorced until a divorce decree is entered by the Court and that a copy of the decree will be sent to me immediately after it is filed with the Prothonotary. I verify that the statements made in this Affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Section 4909 relating to unsworn falsificati~n to ~uthoritias. Date: ~1 /-; 11 ,. 7 I / c---.!' /::i co..<. 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