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HomeMy WebLinkAbout96-01940 ~,.~*.~*,~~.~.*.~,.~.,~..~,.~.*..~.~,.~.~..~~.~..~.~..~.~.**.~.*~ ~l H~_'_'''_'' ,,, ..~, "'--"-1: ~I IN THE COURT OF COMMON PLEAS I~ ;j" ,~ -,'j ., "\ ','( OF CUMBERLAND COUNTY ~I .. ~I' .. ~j ~\ "'1 "'1' ~. ~ ':'1 ~I " ',". t~. ;\~~, f _~4t~?~' "-\. '~::.~j.;.~;, PENNA. STATE OF Hoxanne L, Ilarmond-\'k!J:l i': II, 1940 Il)96 Plaint iff \'1'1",.\1; ~ IUchard M. \'k!rt * Defendant ;t' "'1 ~l .. ~I 'I ~l' .. ~I .. DECREE IN DIVORCE ~ .', ~ ',' AND NOW. """" fvA" , , , .2.? ~, , , " 19 ,7,G , " it is ordered and decreed that ","," r,o/<ilf1f1~, J", Ilil~nd:-~J:t, , , , and ' ' , , , , , ' , , , ' , , , , ' r,i.chal:dM. ,\'k!I:t , " """ are divorced Irom the bonds 01 matrimony. , , , , " , , , , , , , " plainti". , , , , , , ' , , , ' , delendant. ~ w ',' w ". ~ ',' w ',' The court retains jurisdiction 01 the lollowing claims which have been raised 01 record in this action lor which a linal order has not yet been entered; ~, ~ ,;, l:; ~ None ~. ~ .."..... 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(Only Iltoqu.aled end ,..1. paid) 90 . ,. \,1 i i " 11'< ("; 1,1' I' l~ , I (, , ( ,. " 1"J . .' , .. (_1 t- o ..~, J ..~:. . " I ('; [)\ \-: I' C:,l ( t"..' .A.I. ii .. [J, . -' ..~ t.. -' ~l \ L,J C , ) tl8V'{OfflcifofRonTu 0>; " " r;'::i' ' "';:"': "h' -:"';"'/;(04 I,I,! ;,; ';\',):,',\~::::',>\, .~)""',si .",.,,,ttomeyrt',aoutlll fI, I_~ ',; HI ,;, <, :-'. 'l"',.." - , ,'., ';'-""1 I ' ;.'e ~;1:~:?!:1,~.:t';~~,:~~':;Y~~r~~(; ':",:/ ';:.:r'; i,"{({ ~:'::?;1'~}:;;:;;~ SEPARATION AGREEMENT AND PROPERTY SETTLEMENT This Agreement, made and entered into this qTH day of ~p(L\L- , 1996, between ROXANNE L, HAMMOND-WERT, of Cumberland County, Pennsylvania, hereinafter referred to as "Wife," and RICHARD M. WERT, of Cumberland County, Pennsylvania, hereinafter referred to as "Husband," WHEREAS, the parties hereto are now Wife and Husband, having been lawfully married to each other on June 10, 19B8 in Cumberland County, Pennsylvania; WHEREAS, the parties hereto are now living separate and apart and desire to enter into an Agreement respecting their property.., rights, regardless of the actual separation or other character thereof and their other rights. WHEREAS, both and each of the parties hereto have been advised of their legal rights and the implications of this Agreement and the legal consequences that may and will ensue from the execution hereof, and each has had the opportunity to consult with his or her own competent legal counsel independent of each other; WHEREAS, each party warrants, as part of the consideration of this Agreement, that each has fully and completely disclosed all information of a financial nature requested by the other, and that no information of such nature has been subject to distortion or in any manner being misrepresented; and 1 WHEREAS, other than as set forth herein, Wife desires finally and forever to relinquish all of her rights to be supported by the Husband and all of her right of dower, rights as heir or surviving spouse or otherwise, actual, currently existing, or inchoate, in and to the real and personal property of the lIusband, now owned by him or which in the future may be owned by him, and all rights to alimony, alimony.pendente lite, counsel fees, or expenses and other than as set forth herein, lIusband likewise wishes to relinquish all his rights of curtesy, rights as heir or surviving spouse or otherwise, actual and currently existing or inchoate in and to the real and personal estate of the Wife, currently owned by her or which she may in the future; NOW, THEREFORE, the parties hereto intending to be legally bound do hereby mutually agree as follows: ,. Separation, Husband and Wife do hereby mutually agree and consent to live separate and apart from each other, and reside, from time to time, at such place or places as they respectfully shall deem fit, ~ree from any control or restraint or interference, direct or indirect, by each other. 2. No Molestation, Harassment or Interference. Nei ther party shall molest, harass or interfere with the other or compel or endeavor to compel the other to cohabit or dwell with him or her by means whatsoever, nor will either party harass or interfere with the others' family, employers, or co-employees, 2 ,! ',1 3, Mutual Property and Estate Waiver. Except as otherwise expressly set forth herein, in which event such express provision shall take prec~dence over this paragraph, the parties hereto intend that from and after the date of this Agreement, neither shall have any spouse's rights in the property or estate of the other, and to that end both parties waive, relinquish, and forbear the rights'of dower or curtesy, rights to inherit, rights to claim or take the Husband or Wife's or family exemption or allowance, to be vested with letters or administration or letters testamentary, or to take against any will of the other, and each agrees with the other if either should die intestate, his or her share shall descend to vest in his or her heirs at law, personal representatives, and next of kin, excluding the other as though he or she had died 9 widow or widower. And each further agrees that should the other die testate, his or her property shall descend to and vest in those persons set forth in the other's Last Will and Testament as though the spouse so designated as beneficiary had predeceased the testator, The parties further agree that they may and can hereafter, as though unmarried, without and joinder by him or her, sell, convey, transfer or encumber any and all real estate and personal property which either or them now or hereafter own or possess and further agree that the recording of this Agreement shall be conclusive evidence to all of his or her right to do so, The said Husband and Wife do hereby irrevocably grant, each to the 3 J other, should the exercise of this power hereby given be necessary, the right and the power to appoint one or more times any person or persons whom the Husband or Wife shall designate to be the attorney-in-fact for the other, in their name and in their stead, to execute and acknowledge any deed or deeds, releases, quit claims, or'satisfactions, under seal or otherwise, to enable either party hereto alienate his or her real or personal property, but without any power to impose personal liability for breach of warranty or otherwise, Each of the parties hereto further waives any right of election contained in Chapter 22 of the Pennsylvania Probate Estates and Fiduciaries Code, and any right to seek or have an equitable distribution of marital property ordered by the Court pursuant to Section 3502 of the Divorce Code, Each of the parties hereto further agrees that neither shall hereafter be under any legal obligations to support the other, pay any expenses for maintenances, funeral, burial, or otherwise for the other, and to that end each of the parties hereto does hereby waive any right to receive support, alimony, alimony pendente lite, counsel fees, expenses, or any type of financial assistance whatsoever from the other, except as otherwise expressly provided for herein. 4. Division of Personal Property. The parties agree that the items of personality presently in their respective possession and control shall be the sole and exclusive property of the respective party, Wife further agrees to turn over to Husband at the 4 execution of this Agreement, titles to the 1969 Chevrolet Pickup and trailer, 5. Debts. a. The parties are joint owners of various debts, These debts include a first mortgage, second mortgage in the approximate principal amount of $24,000.00, a key loan credit loan in the approximate amount of $1B,000,OO, a personal service loan in the approximate principal amount of $3,300.00 and a used vehicle loan in the amount of $3,900.00, The Wife will take full and total responsibilLty for the first mortgage, second mortgage, key loan credit line, and the personal service loan while Husband will take full and complete responsibility for the used vehicle loan. Each party will indemnify and hold each other harmless on these various obligations and agree to execute releases and whatever documents necessary to transfer these debts to individual names as set forth herein. 6, Future Debts. The parties further agree that neither will incur any more further debts for which the other may be held liable, and if either party incurs a debt for which the other will be liable, that the party incurring such debt will hold the other harmless from any and all liability thereof. 7. Real property. The parties agree that the real property 5 located at 2310 Enola Road, North Middleton Township, Carlisle, Cumberland County, Pennsylvania, shall become the sole individual property of the Wife, lIusband agrees to, upon receipt of a certified check in the amount of $20,000.00, execute a deed in Wife's favor, Said $20,000,00 and deed transfer shall occur within 60 days from the execution of this Agreement. 8, Waiver of Alimony. In consideration of the mutual agreement of the parties voluntarily to live separate and apart and the provisions contained herein for the respective benefit of the parties and other good and valuable consideration the parties agree to waive any and all claims for any alimony. 9. Pension. Both parties agree to waive any claims they may have to any pension or employment benefits of any kind, earned during the marriage, by the other party. 10. Counsel Fees and Court Costs, The parties will each bear their own counsel fees and court costs in the preparation of this Agreement and any subsequent divorce action that either or both may file, 11. Divorce, The parties acknowledge that an action for divorce will be filed by Wife at her sole expense. Both parties agree to sign the necessary Affidavits of Consent and Waivers for the entry of a final decree in divorce as presented to them. 12, Breach, In the event that either party breaches any provision of this Separation and Property Settlement Agreement, he 6 or she shall be responsible for any and all costs incurred to enforce the terms hereof, including, but not limited to, court costs and reasonable 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, 13. Enforcement. The parties agree that this marital settlement agreement or any part or parts hereof may be enforced in any court of competent jurisdiction. 14, Applicable Law and Execution, The parties hereto agree that this marital settlement agreement shall be construed under the laws of the Commonwealth of Pennsylvania and shall bind the parties hereto and their respective heirs, executors and assigns, This document shall be executed as original and multiple copies. 15. The Entire Agreement, The parties acknowledge and agree that this marital settlement agreement contains the entire understanding of the parties and supersedes any prior agreement between them, Trere are no other representations, warranties, promises, covenants or understandings between the parties other than those expressly set forth herein, 16, Incorporation and Judgment for Divorce. When Wife obtains a divorce, this agreement and all of its provisions shall be incorporated into any such judgment for divorce, either directly or by reference. The Court, on entry of judgment for divorce, shall 7 retain the right to enforce the provisions and terms of this marital settlement agreement, 17, Additional Instruments, Each of the parties shall on demand or wi thin a reasonable period thereafter, execute and deliver any and all other documents and do or cause to be done any other act or thing that may be necessary or desirable to effectuate the provisions and purposes of this Agreement. If either party fails on demand to comply with this provision, that party shall pay to the other all attorney's fees, costs, and other expenses reasonably incurred as a result of such failure. IN WITNESS WHEREOF, the parties have set their hands and seals the day and year first written above, " . WITNESS: ,C/~ I~ "\ ~1/f'J,-~.)- 11I1 I /' (~~~ ~~&/JL - ARD M. WERT II V/ AJ-A , r " 8