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HomeMy WebLinkAbout96-02401 \ " , ~ " ~ " . ., " , 'r ~ " ~ , ,. , ' \ , , , 'i i r .." /' " ., , .' , , " , , , , '\ ~ J " " " - () 7 11 I #. " " / , \ .,. <"> r~ il; " 1:'" ., t.1.I ~-,., ':'" : , o"'l H.- 1'.- I' , l S5! en C~; I ~JJ ' " r1tl I' " 'nt J.. I I. );1_ I 'n () ,- .1 <:T' 0 , . ; . . ~ o I ~ 5 -<: ~ .: .., ! III 0 " t; ~ <( ~ ~ ~ ~ 3 ~ ~ ~ ~ ! . immediate future; and (4) in general, thc settling of any and all claims and possible claims by one against the other or againstthcir rcspective c~talcs, NOW THEREFORE, in considcration of thc premises and of the mutual promises. covenants and undertakings hereinafter sct forth and for other good and valuablc consideration, receipt of which is hereby acknowledged by each of the parties hereto, Wife and Husband, each Intending to be legally bound hereby, covenant and agrcc as follows: 1. AGREEMENT NOT PREDICATED UPON DIVORCE It is specifically understood and agrced by and between the partics hereto and each of the said parties does hereby warrant and represent to thc other that the execution and delivery of this Agreement Is not prcdicated 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 cont"ined 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, nor to prevent either party from defending any such action which may, has been. or shall be instituted by the other party. or from making any just or proper defense therelo, 2, ADVICE OF COUNSEL The provisions of this Agreement and their legal effect have been fully explained to the parties by their respective counsel, Keith B, DeArmond. Esquire. for Wife, and Paul Bradford Orr. Esquire. for Husband, Each party acknowledges that she or he has received independent 2 legal advice from counsel of her or his selection and that each fully understands the facts and has been fully informed as to her or his legal rights and obligations and 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 and that execution of this Agreement is not the result of any duress or undue intluence and that it is not the result of any collusion or impropcr or illegal a,greement or agreements, 3, PERSONAL RIGHTS Wife and Husband may and shall, at all times hereafter, live separate and apart, Each shall be free from all control. restraint, interference or authority, direct or indirect, by the other in all respects as fully as if she or he were unmarried, Each may reside at such place or places as she or he may select. Each may. for her or his separate use or benefit, conduct, carryon and engage in any business. occupation, profession or employment which to her or him may seem advisable, This provision shall not be taken, however, to be an admission on the part of either Wife or Husband of the lawfulncss of the causes which led to, or resulted in, the contilluation of their living apart, Wife and Husband shall not molest, harass. disturb or malign each other or the respective families of each other, nor compel or allemptto compel the other to cohabit or dwell by any means or in any manner whatsoever with her or him, 3 4. PERSONAL PROPERTY Wife and Husband do hereby acknowledge they have heretofore divided the marital property, including, but withoutlimitution, jewelry, clothes, furniture and other personalty, and hereafter, Wife agrees that all of the property in the possession of Husband shall be the sole and separate property of Husband; lmd, Husband agrees that all property in the possession of Wife shall be the sole and separate property of Wife, Each of the parties does hereby specilically waive, release, renounce and forever abandon whatever claims, if any, she or he may have with respect to any of the above items which are the sole and separate property of the other, With the exception of the following: 1, Husband agrees to transfer to Wife upon execution of this Agreement, without further consideration and free and clear of all liens and encumbrances: the 1994 Chevy Lumina Minivan, currently in the physical possession of Wife. which according to the N,A,D,A, Guide for the retail sale of automobiles, June 1996 Edition, valued at $14,200,()(); 2, Wife agrees to relinquish and release any and all rights in the 1989 Plymouth Colt, valued by the N,A,D,A, Guide, June 1996 Edition, at $2,300,00 to Husband, Furthermore, the wide disparity in vehicle values are not subject to any further equitable distribution, In essence, Husband relinquishes any and all rights he might otherwise have in the 1994 Chevy Lumina Minivan's resale value, 5, SUPPORT Upon execution of this Agreemcnt. Hushand agrees to pay to Wife for the support of their two minor children. the sum consented to and the sum determincd by the Domestic 4 Relations Office and the subsequent Court Order signed by the Honorable Edgar B, Bayley, on or about Mal'ch 17, 1997 of $801.66 a month or $185,00 per week, effective March 18, 1997, 6, TAX RETURNS Husband and Wife agree they shalllile separate tax returns for the calendar year 1997, 7, MEDICAL INSURANCE Husband will continue to provide medical in$urance for the children with a policy containing minimum provisions as would be covered by a standard Blue Cross-Blue Shield policy, Husband and Wife also agree that Husband shall be obligated for 70% of any medical expenses not covered by medical insuram:e and Wife shall be obligated for 30% of any uncovered medical expenses, However, Husband reserves the right to be notified of any extraordinary expenses, such as orthodontic work. etc" that would be incurred in that this medical expense is not covered by the children' s medical insurance policy, 8, CUSTODY AND VISITATION Wife shall have primary physical custody of the minor children subject to the broad visitation rights for Husband as are in the best interests of the children, as long as the parties hereto maintain a non-hostile atmosphere between themselves, Husband further agrees that he will not utilize said right of visitation in order to harass or interfere with Wife's right live and remain separate and apart from him, II is further agreed and understood that under this broad right of visitation, it shall be exercised by Husband with appropriate notice to Wife in advance of each visit. Additionally. Wife agrees that she will not impair Husband's right to visit with his children. every other weekend. for a two week period during the summer. and on holidays 5 10, LIABILITIES Each party represents that they have not contracted any debt or liability for the other for which the estate of the other party may he responsible or liable. since the tiling of the action in divorce. which occurred on or about May 10, 1996, Furthermore, each party agrees to indemnify or hold the other party harmless from and against all future obligations of every kind incurred by them, with the exception of the following: 1. The joint debt currently outstanding to Colonial National Visa Card, Account number 4428-8747-7200-5876 will be divided in the following manner: a, Wife shall be responsibll~ for payment of $1,000,00 towards the current outstanding balance of $3,037,62 which is the approximate balance as of December 3, 1996, With regards to this Colonial National Visa Card debt. the Husband shall then agree to be responsible for the remaining outstanding balance of approximately $2,037,62, Lastly. both parties agree not to utilize said account until a complete payoff is obtained, At that time. the parties shall decide who will be the named obligor on said account, 2, Husband shall provide $500,00 to Wife for disbursement to Mr, Larry Straub serving as payment in full for any and all repairs Mr, Straub completed at 47 East Yellow Breeches Road. Carlisle, PA as per a prior verbal agreement between Husband and Wife, 11, LEGAL FEES Wife hereby agrees to waive any right to alimony pendente lite, spousal support, and each party agrees to be responsible for her or his own legal fees and expenses, 7 12. NO BAR TO FURTHER PROCEEDINGS This Agreement shall not be considered to ancct or bar the right of Wife or Husband to a limited or absolute divorce on lawful grounds il' such grounds now exist or shall hereafter exist or to such defense as may be available, It is agreed Ihatthb Agreement shall not be impaired by any divorce decree which may be granted but shall continue in full force and el'fectl1otwithstanding the granting 01' any such decree, This Agreement is not intended to condone and shall not be deemed to be a condonatiol1 on the part of either party hereto of any act or acts on the part of lhe other party which have occasioned the disputes or unhappy differences which have occurred prior to or which may occur subsequent to the date hereof. 13, MUTUAL RELEASE 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. 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. of whatevcr naturc and wheresoevcr situatc. which she or he now has or at any time hereat'ler may have against the other. the estlltc 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 claims in thc nature of dower or curtesy or widow's or widower's rights. family exemption or similar allowance. or under the intestate laws, or the 8 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 participale in a deceased spouse's estate, whether arising under the laws of (a) Pennsylvania, (b) any Stale, Commonwealth or lerrilory of the United States, or (c) any Olher country. or IlnY rights which Wife may have or at any time hereatier have: fill' past. present or future sllpport or maintenance. alimony, alimony pendente lite, counsel lees. 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 Agreem~nt or for the breach of any thereof, It is the intention of Wife and Husband to give to each other by the execution of this Agreement a full. complete and general release with respel~tlo any and all property of any kind 01' nature. 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 arise under this Agreement or for the breach of any thereof. subject. however, to the implementation and satisfaction llf the conditions precedent as set forth herein above, 14, OTHER DOCUMENTATION Wife and Husband covenant and agree that they will forthwith (and within at least 30 days after demand therefor) execute any and all written instruments. assignments. releases, satisfactions. deeds. notes or such other writings as may be necessary or desirable for the proper effectuation of this Agreement. and as their respective counsel shall mutually agree should be so rxecuted in order to carry out fully and efteclually the terms of this Agreement, 9 IS, SUCCESSORS' R[GHTS AND LIABILITIES This Agreement shall, except as otherwise provided herein, be binding upon and inure to the benefit of the parties herelo, their respective heirs, executors, administrators, successors or assigns. [6, ENTIRE AGREEMENT Wife and Husband do hereby covenant and warrant that this Agreement contains all of the representations, promises and agreements made by either of them to the other for the purposes set forth in the preamble hereinabove; that there are no claims, promises or rtpresentations not herein contained, either oral or written, which shall or may be charged or enforced or enforceable unless reduced to writing and signed by both of the parties hereto; and the waiver of any term, condition, clause or provision of this Agreement shall in no way be deemed to be considered a waiver of any other term. condition. clause or provision of this Agreement, 17, BINDING EFFECT OF AGREEMENT This Agreement shall remain in full force and effect unless and until terminated pursuant to the terms of this Agreement. The failure of either party to insist upon strict performance of any of the provisions of this Agreement shall not be construed as a waiver of any subsequent default of the same or similar nature, 10 18, SEPARABILITY If any term, condition, clause or provision of this Agreement shall be determined or declared to be void or invalid in law. or olherwise, thcn only thattcrm, condition, clause or provision shall be stricken from this Agrcementand in all othcr respects this Agreement shall be valid and continue in full force. effect and operation, Likcwisc. the failure of any party 10 meet her or his obligations under anyone or more of the paragraphs hcrein. with the eltception of the satisfaction of the conditions precedent, shall in no way avoid or altcr the rcmaining obligations of the parlies, 19, HEADINGS Any headings preceding the teltt of the several paragraphs and subparagraphs hereof are inserted solely for convenience of reference and shall not constitute a part of this Agreement nor shall they affect its meanings. construction or effect. 20, EFFECTIVE DATE The effective date of this Agreement shall be the date upon which it is eltccuted; however, the transfer of the property provided for herein shall only take place upon the entry of a final decree in divorce. unless otherwise indicated, The support provisions of this Agreement shall take effect as indicated, Nl'twithstandingthe foregoing. if a final decree in divorce shall not have been obtained within four (4) months from the date of execution of this Agreement. this Agreement shall be null and void, 11 , , . i N I'. ...., 1-> I ..., < "1 <)' ,- , .--.'! \ '-.J r' '-l "- ,;'" Ci:: ' 'f)' \ rx 'I i \.. , I' I C '." I 3-- ,::;;.) ';.., , ~ ~ ~ - .. . , , ,At. ~ ~ ... '- ''''\.I ~ If) '..".. ""I' f"'\' ... ,...~ , <...-.. ~"~ '-..J " , , . . , ... Page 3 18. Plaintllfseeks cuslody of the following children ~ Mary Elizabeth Williams Rebecca Irene Williams Present Residence 47 E Yellow Breeches Road. Carlisle, PA 47 E. Yellow Breeches Road, Carlisle, PA ~ 4 1/2 years 15 months 19. In the past live years. the parties' children have resided with the Ibllowing persons, at the addresses and for the periods of time indicated below Plaintiff & Defendant 47 E Yellow Breeches Road. Carlisle, PA 1991 - Present The children were not born out of wedlock The children are presently in the cllstody of Cynthia L Willaims who resides at 47 E, Yellow Breeches Road, Carlisle. Cumberland County. Pennsylvania 17013. The Mother of the children is Cynthia L Williams who resides at 47 E Yellow Breeches Road, Carlisle, Cumberland County, Pennsylvania 17013 She is married The Father of the children is Stephen D Williams, currently residing at 64SDevonshire Drive, Carlisle, Cumberland County. Pennsylvania 17013 He is married 20. The relationship of PlaintilT 10 the children is that of Mother. The Plaintiff currently resides with the ehildren and Bonnie Straub. 21. The relationship of the Defendant to the children is that of Father. The Defendant resides with his father, Edwin Williams. 22 Plaintiff has not participated 8S a party in other litigation concerning the custody of the children ,; I' ,I , , - Cl t h~ ~:~ .. {;.-~ I ~LI ~-, C': , ~ - , )., .., 1;;-0\ L. u. ,-', ~\' I":':.) , " " . , -I (: ,-..I ...".1'_1' F' ,.jl'" u-. ..' ,,-' '~ 1. '... I.' ". r-': !t. r- _.J 0 C' l_) 'I I ',. (. , .' l,". Ii, \ ',,':-, .' , . , \ ,~ ,J ,''': l:;'1i r.l_ . 1'<\ ('l.) 'I C,'I'. \ ..), , r: t ~,I " " ~ \' H~ I: I ~ " V. I', r- ,:t u r.r (,) I I I , I " L ;-r: t.... 1\'" (',. \:,;;1, (~) 1(. (''''. 1M'.; I,.." .' , - I' U i;" V" :,i \'.- " '.11 I (' il-' V. r:, <;.; I,j :1:','1 "I~, ", .;) " JAN. " I ~I') . , I I I I I I I CYNTHIA L. WILLIAMS, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA va. NO. 96-2401 CIVIL TERM STEPHEN D. WILLIAMS, Defendant IN DIVORCE ORDER \ 1 AND NOW thisJ\:' .)1 day of I ,'I"'.' , 1997, it being reported I, to the Conciliator thst the psrtles have reached on agreement which makes further proceedings unnecessary, the undersigned Conciliator hereby relinquishes jurisdiction and returns the matter to the Court Administrator. If either of the parties wishes further proceedings in this action, they should petition the Court anew. FOR THE COURT, ! .. Ii . ,) n ~/t)L(/ /,,---\,. MICHAEL L. BAN' Custody Conciliet . cc: Keith B. DeArmond, Esquire Mr. Stephen D. Williams, pro se r"r." 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