HomeMy WebLinkAbout96-02349
2. The settling of all matters between them relating to past, present and
future support, alimony and/or maintenance of Husband by Wife or Wife by Husband;
3. The Settling of all metters between them relating to custody of the child;
and
4. In general, the settling of any and all claims and possible claims by one
against the othar or against their raspectlve estates.
NOW THEREFORE, in consideration of the premises and of the mutual promises,
covenants and undertakings hereinafter set forth and for other good and valuable
consideration, receipt of which Is hereby acknowledged by oach of the Parties hereto,
Husband and Wife, each intending to be legally bound hereby, covenant and agree as
follows:
1. AGREEMENT NOT PREDICATED UPON DIVORCE: It is specifically
understood and agreed by and between the Parties hereto. and each of the 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 the
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,
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legal and proper grounds, nor to prevent either party from defending eny such ectlon
which mey, hes been, or shall be Instituted by the other Party, or from making eny Just
or proper dllfense thereto.
2. EFFECT OF DIVORCE DECREE: The Parties egree that unless otherwise
specifically provided herein, this Agreement shall continue in full force and effect aftor
such time as e final decree in divorce may be entered with respect to the Partlas.
3. AGREEMENT TO BE INCORPORATED INTO DIVORCE DECREE: The
Parties agree that the terms of this Agreement shall be Incorporated but not marged
into any Divorce Decree which may be entered with respect to them.
4. ADVICE OF COUNSEL: The provisions of this Agreement are intended
to effect a legally binding property settlement between the parties. Husband has been
represented by Gary J. Imblum, Esquire, and Wife has been represented by Johnna
J. Deily. Attorney at Law. Each party acknowladges that he or she fully understands
tha facts and has been fully informed as to his or her legal rights and obligations. and
each party acknowledges and accepts that this Agreement is fair and equitable, that
it is being entered into freely and voluntarily and that this Agreement and the
execution thereof is not the result of any duress, undue influence or collusion.
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5. INTERFERENCE: Each party shall be free from all control, restraint,
Interference or authority, direct or Indirect, by the other In all respacts as fully as If he
or she were unmarried. Each may reside at such place or places as he or she may
select. Each mey, for his or her separate use or benefit, conduct, carryon or engage
In any business. occupation. profession or employment which to him or her may seem
advisable. This provision shall not be takan, however, to ba an admission on the part
of either Husband or Wife of the lawfulness of the causes which led to, or resulted In,
the continuation of their living apart. Husband and Wife shall not molest, harass,
disturb or malign each other or the respective families of each other, nor In any way
interfere with the peaceful existence, separate and apart from the other, nor compel
or attempt to compel the other to cohabit or dwell by any means or in any manner
whatsoever with him or her; each of the parties understands and agrees that he or she
shall not and will not do or say anything to either of the Children. at any time. which
might in any way Influence the Children or either of them adversely against the other
party.
6. MUTUAL RELEASE: Husband and Wife each do hereby mutually remise,
release, quit claim, and forever discharge the other in the estate of such other. for all
time to come, and for all purposes whatsoever, of and from any and all rights, titles
and 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, or
whatever nature and whatsoever situate, which he or she now has or at any time
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hereaftar mey 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 curtesy, or widows or widowers rights, family
exemptions or similar allowance, or under the Intestata 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 spousa to participate In a deceased
spouse's estate, whether arising under the laws of Pennsylvania, any state,
commonwealth or territory or the United States, or any other country, or any right
which Wife may heve or at any time hereafter have for past, present or futura support
of 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 for the breach of any thereof. Husband shall
Indemnify and hold Wife harmless from any and all debts secured by said real estate.
It is the intention of Husband and Wife to give 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 nature, real, personal or mixad, 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 arise under this Agreement or for the breach
of any provision thereof.
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7. pERSONAL PROPERTY: Husband and Wife do hereby acknowledge that
they will divide the marital property as of the date of this Agreement, Including, but
without limitation, jewelry. clothes, furniture and other personalty and hereafter
Husband agrees that all the property in the possession of Wife on the date of this
Agreement shall be the sole, separate property of the Wife; and Wife agrees that all
of the property in the possession of the Husband on the date of this Agreement shall
be the sole, saparate property of Husband; irrespective of the foregoing provisions,
Husband hereby agrees to set over, transfer and assign all of his right, title and
Interest to those personal effects and Items of personalty that are more fully described
in Schedule" A," which has been annexed hereto and made a part hereof and which
shall becoma the sole proparty of Wife with the right to remove sama from the marital
premises or from wherever located, and Wife hereby agrees to set over. transfer and
assign all of her right, title and Interest to those personal effects and items of
personalty that are more fully described in Schedule "B" which has been annexed
hereto and made a part hereof and which shall become the sole property of Husband.
By these presents, each of the Parties does hereby specifically waive, release,
renounce and forever abandon whatever claims he or she may have with respect to
any of the above-items which are the sole and separate property of tho other from the
date of execution hereof.
8. AFTER.ACQUIRED PERSONAL P80PERTY: Each of the Parties shall
hereinafter own and enjoy, independently of any claim or right of the other, all items
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of personal property, tangible or intangible, ecqulred by him or her after the date of
this Agreement, with full power in him or her to dispose of the same es fully and
effectively, In all respects and for all purposes, as though he or st':e were unmarried.
9. QIVISION OF VEHICLES: With respect to the vehlclss owned by one or
both of the parties, or the net proceeds or value derivad from any prior sale or trade
in thereof, they agrea as follows:
a. 1989 Eagle Premier shall be the sole and excluslva property of
Wife.
The titllils or lease agreements to said vehicles shall be executad by the
parties, if appropriate, for effectuating transfer as harein provided on the date of
exacution of this Agreement and said executed titles shall be delivered to the proper
party on the distribution date. For purposes of this Paragraph the term "title" shall be
deemed to include "power of attorney" if the title or lease agreement to the vehicle
is unavailable due to financing arrangements or otherwise. In the event any vehicle
is subject to a lien or encumbrancl3 the party receiving said vehicle as his or her
property shall take it subject to said lien and/or encumbrance and shall be solely
responsible therefor and said party further agrees to indamnify, protect and save the
other part harmless from said lien or encumbrance. Each of the parties hereto does
specifically waive, release, renounce and forever abandon whatever right, title and
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interest he or she may hava In the vehlcle(sl that shall become tha sola and separate
property of the othar pursuant to the terms of this Paragraph.
10. REAL PROPERTY: The parties ara the owners of a residence and land at
92 Konhaus Road, Mechanicsburg, Cumberland County, Pennsylvania. Husband and
Wife hereby ogree that Wife shall transfer all her right, title and interest in said real
estate to the Husband. Husband shall indemnify and hold Wife harmless from any and
all debts secured by said real estate.
Wife shall have the right to possession of tha residence for four (4) months from
the date of this Agreement. Wife and child may reside in the residence during said
time, along with Wife's mother, father, brother or sisters, if necessary. If any
additional individuals reside in the residence, Wife shall pay Husband rent at a rate of
$575.00 per month for the period of time that said additional individual or individuals
reside in the residenca.
Other than as set forth above, Wife shall not be required to pay rent to Husband
for the period of time that she resides in the house so long as she does not make a
claim against the Husband for spousal support, child support, alimony pendente lite,
and/or alimony. If Wife makes a claim against Husband for any of the aforementioned
forms of support, Wife agrees that the amount of said support shall be as defined in
paragraphs 15 and 16 herein and Wife shall be required to pay to Husband $575.00
per month in rent for the period of time that Husband is required to pay said support
to Wife while Wife resides in the residence.
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Irrespective of the above, the barn shall be available for Husband's use or to
rent to others and all of the equipment and materials in the barn shall remain personal
property of the Husband.
Husband shall give to Wife at least sixty (60) days notice to quit and to remove
herself from the marital residence.
Wife shall pay all electric, telephone, trash, and satellite bills while she resides
in the residenca. In addition, Wife shall keep the residence in good condition, normal
wear and tear excepted. Husbend shall pay for all physical maintenance of the
residence. Mowing and trimming of the lawn shall be the responsibility of the Wife
with Husband providing the riding mower for same. Wife shall cooperete fully at all
times when Husband or Husband's real estate agent wants to show the house for
sale.
11. gmfQMTE ASSETS: The Parties are the owners of a corporation
known as K.A. Walker, Inc. d/b/a RMA Construction Company and Construction
Consulting Services. Husband is a 51 % owner and Wife is a 49% owner. It is
acknowledged between the parties that corporate assets and debts approximately
consist of the following: corporate assets receivable - $250,000.00; tools end
equipment - $20,000.00 to $30,000.00, corporate debt line of credit - $180,000.00,
loan - 145,000.00. There a,e also autos and miscellaneous assets.
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Wife agrees to sign over all of her shares In the corporation to Husband In return
for Husband agreeing to indemnify and hold Wife harmless from any and all of the
corporate debts as aforesaid.
12. LIABILITIES: During the course of the marriage, Wife and Husband have
incurred certain bills and obligations and have amassad a variety of debts, and It Is
hereby agreed, without the necessity of ascertaining for what purpose and to who's
use each of the bills were incurred, that the parties shall be responsible for the debts
that each has separately incurred since February 17, 1996, except those more fully
described In Schedule "C" which has bean annexed hereto and made e part hereof for
which Wife shell assume all liabilities and Schedule "0" which has been annexed
hereto and made a pert hereof for which Husband shell assume all liability . Wife shall
indemnify and hold Husband harmless from payment of ail of said debts on Schedule
"C" end Husbend shall indemnify end hold Wife harmless from payment of all of said
debts on Schedule "0".
13. WARRANTY AS TO EXISTING OBLIGATIONS: Each Party represents that
they have not heretofore incurred or contracted for any debt or liability or obligation
for which the estate of the other Party may be responsible or liable except as may be
provided for in this Agreement. Each Party agrees to indemnify or hold the other Party
harmless from and IIgainst any and all such debts, liabilities or obligations of every
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kind which may have heretofore been Incurred by them, including those for
necessities, except for the obligations arising out of this Agreement.
14. WARRANTY AS TO FUTURE OBLIGATIONS: Husband and Wife each
covenant, warrant, represent and agree that each will now and at all times hereafter
seve harmless and keep the other indemnified from all debts, charges and liabilities
incurred by the other after the date of this Agreement, except as may be otherwise
specifically provided for by the terms of this Agreement and that neither of them shall
hereafter incur any liability whatsoever of which the estate of the other may be liable.
15. ALIMONY: Husband shall pay to Wife alimony in the amount of $400.00
per month beginning thirty (30) days after Wife moves out of the marital residence,
and every month thereafter as long as Wife does not cohabit with enother person,
male or female, who is not a member of her immediate family within the degrees of
consanglllnity or as long as Wife does not remarry.
16. CHILD SUPPORT: Husband shall pay to wife child support for the child
in the amount of $175.00 per month boginning thirty (30) days after Wife moves out
of the marital residence, and every month thereafter, as long as wife has primary
physical custody of the child. This agreement is subject to modification by the Court
upon a change of circumstance.
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17. PENSIQN AND LIFE INSURANCE: Husband and Wife hereby agree that
Wife shsll be granted all right title, and Interest in her retlrtlment account and her IRA,
and that Husband shall have no claim to same. The valuo of Wife's retirement
account Is approximately $3,000.00. The valua of wife's IRA Is approximately
$6,100.00. Husband shall be granted all right title and interest In his IRA valued at
approximately $7,600.00. In addition, Husband shall be granted all right, title, and
interest to the cash value of his life lnsurence valued at approximately $15,000.00
dollars.
18. ~OLLEGE TUITION: Husband shell contribute $15,000.00 dollars
towards the child's college tuition, room and board and books. In addition, the parties
agree that the cash surrender valutl of the two life Insurance policies owned jointly by
the parties on the sons life shall be used for payment of sons college expenses
Including tuition, room and board and books.
19. QTHER DOCUMENTATI.QN: Wife and Husband covenent and agree that
they will forthwith (and within at least thirty (30) days for demand therefore) execute
any and all written instruments, assignments, releases, satisfactions, deeds, notes or
other such writings as may be necessary or desirable for the proper effectuation of
this Agreement in order to carry out fully and effectively the terms of this Agreement.
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.
20. FULL DISCLOSURE: Each perty asserts thEOt he or she has made a full
end complete disclosura of all of the real and personal property of whatsoever nature
end wherever located belonging in any way to either or both of them, of all the debts
and encumbrances Incurred in any manner whatsoever by eithor or both of them
during the marriage, of all sources and amounts of income of each party, and of every
other fact relating in any way to the subject matter of this Agreement. These
disclosures are part of the consideration made by each party for entering In this
Agreement.
21. ENTIRE AGREEMENT: This Agreement contains the entire understanding
between the Parties. There are no representations, warranties, covenants or
undertakings other than as expressly set forth herein.
22. WAIVER QR MODIFICATION TO BE IN WRITING: No modification nor
waiver of any of the terms hereof shall be valid unless In writing and signed by both
Parties and no waiver of any breach heraof or default hereunder shall be deemed a
waiver of any subsequant default of the same or similar nature.
23. LAW OF PENNSYLVANIA APPLICABLE: This Agreement shell be
construed in accordance with the laws of the Commonwealth of Pennsylvania.
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IN WITNESS WHEREOF, the Parties hereto have lat their hsnds and leels the
day and Y8lllr first above-written.
WITNESS:
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(SEAL)
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SCHEDULE "P"
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MBNA $23,800.00
BOSCOV'S 280.00
CITIBANK $10,000.00
CAPITAL ONE $3,930.00
CHASE $1,700.00
MEMBERS FIRST $7,580.00
FARMERS $13,800.00
FARMERS MORTGAGE $184;000.00
MERIDIAN $66,000.00
K.A. WALKER, INC. $29,750.00
Husband shall pay and shall hold Wife harmless from any ar,d all debts incurred
in Husbands name alone othar than those debts which appear on Schedule "C".
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fILE COpy
KENNETH ALLEN WALKER
Plaintiff
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PE~Y~~~
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No 96-2349 CIVIL TERW:,: '{,:l =l
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CIVIL ACTIQN - LAW
IN DIVORCE
v.
SHELLEY EMBER WALKER
Defendant
AFFIDAVIT OF CONSENT
1. A Complaint in Divorce under Section 3301(c) and 3301(d)
of the Divorce Code was filed on ~pril 30, 1996.
2. The marriage of Plaintiff and Defendant is irretrievably
broken and ninety (~O) days have elapsed from the date of filing of
the Complaint.
3. I consent to the entry of a final decree of divorce.
4. I understand that if a claim for alimony, alimony
pendente lite, equitable distribution of marital property or
counsel fees or expenses has not been filed with the Court before
the entry of a final Decree in Divorce, the right to claim any of
them will be lost.
5. I have been advised of the availability of marriage
counseling, and understand that I may request that the Court
require that my spouse and I participate in counseling. I further
understand that the Court maintains a list of marriage counselors
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HARRISBURO, PA 11101'1141
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KENNBTH ALLEN WALKER
Plaintiff
I IN THE COURT or COMMON PLEAS
I CUMBERLAND COUNTY, PENNSYLVANIA
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I No. 96-2349 CIVIL TERM
I
I CIVIL ACTION - LAW
I IN DIVORCB
v.
SHELLEY BMBBR WALKBR
Defendant
~AIVBR or NOTICE or INTENTION TO REQUEST ENTRY or
~XYQBCE DECREE UNDER L-ttOl(c) or THE DIVORCE CODE
1. I consent to the entry of a final decree of divorce
wi thout 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.
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 16 Pa.C.S. ~ 4904 relating to unsworn
falsification to authorities.
DATE '1/~/9t:,
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SHE~ ~BER WALKER
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~AVIT AS TO NON-MILITARY SBRVICB
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KINNlTH ALLIN WALKER,
Plaintiff
IN THIl COUR'r or COMMON PLUS
COKBBRLAND COUNTY,PBNNSYLVANIA
NO. 96-2349 CIVIL TERM
v.
SHILLIY EMBIR WALKER,
Defendant
CIVIL ACTION LAW
IN DIVORCB
Affidavit that the Defendant in the above-captioned ca.e i. not
in the Military Service, pur.uant to the .Soldier. and Sailor.-
civil Relief Aot of 1918, re-enaoted 1940.
Before me, the undersigned Authority, personally appeared
Gary J. Imblum, Esquire, who being duly sworn according to law,
does depose and say that SHELLEY EMBER WALKER, Defendant, is not
in the Mil itary Qr Naval Service, based on the following facts:
Age: 44
Present Place of Employment: Mechanicsburg School District,
Mechanicsburg, PA 17055
Present Place of Residence:
133 Stanford Court,
Cumberland County,
Mechanicsburg, PA 17055
ae of the date of this affidavit.
Additional Facts:
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GARY J. IM'Bt:UM/'Mfiant'
KNUPP & ~6DAKI P.C.
PO BOX 11848;/
HARRISaURG, PA 17101
SWORN AND SUBSCRTBED to !Lyre ,
me this l-ll day of "i~J:
1996, -
Notanll Sell
IIonnIl Jo Hyll, NOllry PYbHc
Hl/I1lbl1rg, Dlyphln Cour,:y
MyCommllllon Expi...Jan.14, 19Q'
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POST-NlIPTlAL AGREEMENT
Between
Kenneth Allen Wlllker and Shelley Ember Walker
Agreement
Kenneth Allen Walker shall pay Shelley buber WlIlker $7500 00 (Seven Thousand- Five
Hundred Dollars and 00/1(0) as 1Ilimony This lump sum amoulll shall constitute the
total amoulll due Shelley Ember WlIlker lilr alimony This amoUIll shall constitute lull
selllement fllr past. preselll and luture alimony and shall constitute lull selllernent of all
previous agreements wrillen or verbal
This agreement shall be recorded in Cumberlllnd County. Pennsylvania along with
Decree in Divorce No 96-2349 dated October II. 19%
AcCel)tance
I Shelley Ember Walker do hereby agree to accept the above one time lump slim amount
lor full selllement of all previous agreements wrillen or verbal. including but not limited
to the !'ost- Nuptial agreement referenced in the Decree in Divorce No 96-2349 dated
October II, 1996 and recorded in Cumberland County, Pennsylvania
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,,:f~ Emb;W'~ker
Dated this Z=_ day ofq~, 1999
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NOTARIAL SEAL
Blrb.,. E Davll. Notlry Public
MeChlnlclburg. Cumblrland County
My COmmllalon ....plr.. Augulr 20, 2002
I Kenneth Allen Walker do hereby agree to pay the above one time lump sum amount for
full selllement of all previous agreements wrillen or verbal. including but not limited to
the Post- Nuptial agreement relerenced in the Decree in Divorce No <)6-2349 dated
October II. 1996 and recorded in Cumberland County, Pennsylvania
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/ ~ficlh^"enWalker
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Dated this 17' -day o~~.". 1999
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NOTARIAL SEAL
Bllbe,. Ii Olvll. Notary ,tOIubllc
~'Q"."IC'bU'Q, Cumb.rl.nd Counry
M'I Commllllon EAj.lI'" AugulI 20, 2002
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