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HomeMy WebLinkAbout96-01462 '\ ~ ~ ~ ~ 1 .~ ~ ", \;" ~ J ri ~ ~,I ....:; \:l-- I ! ; r9 , ?i; 0' ,~ , ~~i .. N , :r. .1 ~; I;J.. C \7. \1J~ j.- e) -.J, U fl. ~ ... } ~ :'5 ". .;) U U .... J I SeDaration and PrODertv Settlement Agreement THIS AGREEMENT, made this J.1! day of ()~ *' kA 1996, by and between KEITH MANN of Lewisberry, York County, Pennsylvania, party of the first part, hereinafter referred to as "Husband" and DIANE MANN of Mechanicsburg, Cumberland County, Pennsylvania, party of the second part, hereafter referred to as "Wife". WITNESSETH: WHEREAS, husband and wile were married on January 14, 1984, in Cumberland County, Pennsylvania; and WHEREAS, husband and wife have been living separate and apart from each other since June, 1996; WHEREAS, husband and wife are residents of the Commonwealth of Pennsylvania and have been so for at least the past six (6) months; and WHEREAS, certain diverse, unhappy differences have arisen between the parties hereto which have made them desirous of continuing to live separate and ap3rt from one another; and WHEREAS, husband and wife desire to settle and determine certain of their marital rights and obligations, and make an equitable distribution of their marital property; WHEREAS, it is the intention and purpose of this Agreement to set forth the respective rights and duties of the parties while they continue to live apart from each other and to settle all financial and property rights between them; and ~~~~t;...~,a.:;."... rr:/rI;~J;':e..- 1 Diane Mann_., ,".'" )1'/" I either husband or wife of the lawfulness of the causes leading to them living separate and apart. ARTICLE II DIVORCE 2.1 This Agreement is not predicated on divorce. It is specifically understood and agreed by and between the parties hereto and to 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 to 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 action for divorce, either absolute or otherwise, upon just, legal and proper grounds; nor to prevent either party from defending any such action which has been, may, or shall be instituted by the other party, or for making any just or proper defense thereto. It is warranted, covenanted, and represented by husband 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 this Agreement. Husband and wife each knowingly and understandingly hereby waive any and all possible claims of this Agreement is, Keith Mann~L7Jl,,,tv c H1W11<..'flfl,'''Cr--,w",,'''"^ 3 Diane Mann I ',. , , \l~ ' marriage; the prior marriages of the parties; the age, health, station, amount and sources of income, vocational skills, employability, estate, liabilities, and need for each of the parties; the contribution of one party to the education, training or increased earning power of 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 of 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; and the standard of living of the parties established during their marriage. 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. The parties hereby agree that any transfers of property pursuant to the terms of this Agreement shall be within the scope of the Deficit Reduction Act of 1984, or other similar tax acts (hereinafter "Act"), ~.~!':.~...~~,~ Xt /~J I J__ The parties agree to sign and cause to be Diane Mannj :" t\V ,'c,- 6 filed any elections or other documents required by the Internal Revenue Service to render the Act applicable to the transfe~s set forth in this Agreement, without recognition of gain on such transfers and subject to the carry-over basis provisions of sald Act. 3.3 The parties shall retain sole and exclusive right, title and possession of all personal property currently in their possession. Except as provide for herein, wife shall make no claim whatsoever for any personal property in Husband's possession. Additionally, except as provided for herein, Husband shall make no claim whatsoever for any personal property in Wife's possession. Should it be necessary for either party to execute any documents to convey tile to any such real or personal property in the other party's possession, they shall do so within thirty (30) days of the execution of this Agreement or within thirty (30) days of the request from the opposing party. a. Husband shall be entitled to exclusive possession of the marital residence located at 720 Pinetown Road, Lewisberry, York County, Pennsylvania, for so long as he desires. Husband shall assume all obligations of record, including but not limited to mortgage, taxes, and insurance, and shall hold Wife harmless for the same. upon Husband's election to either vacate the marital home or upon his death, the marital home shall be listed for Keith Mann 1/.J1Jt"..... \........,,'U...'..'TNAf'l,.,.."" 7 Diane Mann I "I<.- ,'\l\ ,. -" . sale. Upon the sale of said marital home, Husband and Wife will divide the net proceeds from such sale equally. b. Husband waives any right and interest that he may have in one horse wtich Wife shall keep as her own. Further, Husband agrees that so long as he resides in the marital residence, wife will have the ability to keep said horse and one horse trailer at the marital residence. Wife agrees that so long as Husband resides in the marital residence, he can have full use of the aforementioned horse trailer, as long as Wife also has use of one truck which has been used in the past to transport the horse to horse shows. Husband further agrees that he will not be entitled to compensation for allowing Wife to keep the horse at the marital residence. Wife agrees to pay all veterinarian and blacksmith bills attributable to the aforementioned horse. c. Husband waives all right and interest to the attached list of personal property marked as Appendix "Au and attached to the Separation and Property Settlement Agreement. 3.4 Except as provided herein, Wife waives any right or interest she may have in Husband's employment benefits, including any retirement plan, stock option purchase plan, profit sharing plan or related matters. Except as provided herein, Husband waives any right or interest he may have in Wife'S employment benefits, including any pension benefits, retirement plan, stock option purchase plan, profit sharing plan or related matters. ~:l~~.~~::,~~'1J1/l''-'' 8 Diane MannJ'.1"'\\\"'" result of any collusion or improper or illegal agreement or agreements. 7.2 Husband and wife do hereby mutually remise, release, quitclaim, and forever discharge the other and the estate of the other, for all times to come and for all purposes whatsoever, of and from any and all legal right, title and interest, or claims in or against the property of the other or against the estate of the 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 courtesy, or claims in the nature of dower or courtesy 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 testamentary, or all other rights of a surviving spouse to participate in a deceased spouse's estate, whether arising under the laws of (a) Pennsylvania, (b) 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 support or maintenance, alimony, alimony pendente lite, source fees, costs or expenses, whether arising as a result of ,~;l~~.. .~~~.:tit 1/14 tHv the marital relation or otherwise, except 12 Diane Mann l' \. ,:. '. 11\1" .L__ ! ~) ~ , " .~ k~~ 1':1 21 '. '>... ~..; ~ ~ "-> ...... ''vI )~ ~ ~n .......... ...::; ~8 ~ ::> ~ (;\ r/) ~ ~\-. ~"'" ~~ , [ , 1,1_1' I t; ~. . c' , c' t.. , . c \~ ... ~ 0 ~ :> ~ fQ ~ ~ '>l [;l OJ '" ~ ~ . en ~ .... .... :c ~ .... ..., Cl ~ ... ~ z O'l:tf!2 ..., > ~ II! ~ J:!! 0::: '0 .... ~ ... ::: ~ I 1\1 olS~t;a!I~. ~ .... .... ~'" .8 .....i~~ ~~ ~ ~ ~@~:l [& ~ ~ ~ ~ CC~t;~ ~ .... .... :c ~ Q !:l - - '. . ,. . >- OJ '- o~ (-; (.. ..;.,- ~~ "'~ ~ -:i Ul~". ~-~ :c ~; :? L:- ~. ,,"l-r ,~ -~j ~'; <:1' .;,:i u..f- ~; ;:, EtY (,.~ -.;:0 ~~ ~ '-, " 1.J- -~ .;;:: ~- U_ '.'=' -, 0 a> ;:) tr. CO ('1 j:', N I#"j We' ~f: ~ ) ~:* 2: :,~ ~r Q'\ A....) r . <C- . -t" 0 ii,':] L'.J .l~ ~ ~ ", - , c;.\ G '. . "- en n: C": ~0 N ' '.,; C ~- ~~; 6:- l:J ( o. J , " ,,: t, fl: '.' L' ~~.1 .' I" .... c:.: ~ <n .:J u' U .. , . . . . . " . . ... . '" IN THE COURT OF COMMON PLEAS OF CUMBERJ~ND COUNTY, PENNSYLVANIA DIANE MANN, Plaintiff : CIVIL ACT 1011 - LAW v. IN DIVORCE KEITH MANN, NO, 96-1462 CIVIL TERM Defendant WAIVER OF NOTICE OF INTENTION TO REOUEST ElITRLQf.:...A..J1IVORCE ..,Q!:CREE UNQJB ~)301(cl OF THE DIVORCE CODE 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 expenses if I do not claim them before a divorce is granted. J. 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. 1. 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. 54904 relating to unsworn falsification to authorities. Date: "llk61~; ~i~/u~~ Kelth Mann ,: flI/oIPf"-'.IlI~.".'lI'.NANN'WiU\"'Il~ b= en <I: ,,,: , .... N .... f " ~; ( x: ~):~ '''2- u.. I~ .'...... r en , . 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