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HomeMy WebLinkAbout96-02402 , , , \ ';il ~ " " I ill , , I , ., " r I t q ., Ii ," ,I .1 .1 , , " " " ., , , J J ri ~ ti \, .,', " ,/ ....., 0- . I ~I _~_________.~_~.a~~~~____~_~__~ . ' .__..,~..,,_.. .. ..... .. .." "-- _. @ - . . . . . . . . . . . . . . . . . . J ; - . . . . . . . . . , c"~rt.l . .. rl /It.. . Allel.:. ..'d..t,-..,,<-,< f' (L1;%fi, /~.~,..1':1..... J, I'~:' . ~.i4t;'(i ,i:-' .k~& ~:/ t/ " ~ I .., "/.7 Pro.h~nolary I: I, -.. _ _ _ .. _ .. __'1oC.-.'.:<<, .~. .>>i -:4C':<<', ..,,:c,'~':i:'-;C,':*::1.l::'w.:_' '.~:~~ . '. IN THE COURT OF COMMON PLEAS OF CUMBERLAND STATE OF '* COUNTY PENNSYLVANIA DAVID T. MYERS, I N I), 2402.c::iyil T~rm..,,, 1996 Pl~intHe Vl'riill.'i LISA J~. MYERS, . ~fendant DECREE IN DIVORCE AND NOW, """"" a.f~ ~., ,~1-., 19. f.1'". it is ordered and decreed that" , ,,~,-:i~ ,T: .~~r~, , . . . . . . . . . , , , , '" . " ",," , " plaintiff, and"" , , ,P!'!l, ~.., Myep~, '''" , , ,. ,... , . ., , , , , "'" " defendant, are divorced from the bonds ot matrimony. The court retains jurisdiction of the following claims which have been raised of record in this ac'ion for which a tinal order has not yet been entered; """"""""",." NONE, ..."....., ,.,.......... ..... . I) ~ . . . . 8 8 I) . . . . ~ . . 8 ~ . " ~ 8 ij . g ~ ~ ~ ~ ~ I,' ~ ,~ ~ 8 MARITAL PROPERTY SE'I"l'I'.RIIRN'l' AGRBBllBH'l' i)X' made and concluded this ? day of THIS AGREEMENT, -i.LJ~u,..T-, 1997, by and between DAVID '1', MYERS, (hereinafter referred to as "HUSBAND") - AND - LISA J, MYERS, (hereinafter referred to as "WIFE"), WITNESSETH, WHEREAS, the partios are HUSBAND and WIFE; and WHEREAS, unfortunate and irreconcilable differences have arisen between the parties by reasons of which continued cohabitation as husband and wife has been rendered impossible; and WHEREAS, the parties have made full disclosure to each othar of their assets and liabilities, and have agreed on a settlement of all property rights and differences existing between them; and WHEREAS, it is the desire of the parties, after long and careful consideration, to amicably adjust, compromise and settle all property rights and all rights in, to or against each other's property or estate, including property heretofore or subsequently acquired by either party, and to settle all disputes existing between them, including any and all claims for WIFE'S and/or HUSBAND'S maintenance and/or for spousal support, alimony pendente lite, alimony, counsel fees and oxpenses, and equitable dietr ibution 1 WHEREAS, David T. Myers is represented by David T. Kluz, Esquire and Lisa J. Myers is represented by William Lewis Grubb, Esquire and each party has had the opportunity to review this Agreement in its entirety with their respective counsel; and WHEREAS, the parties intend this Agreement to be a full and complete Marital property Settlement Agreement, providing for the absolute and final settlement of all their respective marital and property rights and all claims for spousal support, alimony pendente lite, alimony, counsel fees and expenses, and equitable distribution of marital property. NOW, '.1'HEREFORE, for and in consideration of the mutual benefits to be derived by the parties and intending to be legally bound hereby, the parties hereby covenant and agree as follows. 1. PERSONAL PROPERTY. HUSBAND warrants and represents to WIFE, and WIFE warrants and represents to HUSBAND, that they have effected a fair an~ equitable divioion of all maritdl property of the parties, and that any and all marital property, except as expressly provided herein, presently in possession of WIFE shall be the property of WIFE, and that any and all marital property, except as expressly provided hereJ.n, presently in possession of HUSBAND shall be the property solely of HUSBAND. 2 WIPB shall retain the vehicle in her possession and HUSBAND shall retain the vehicle in his possession. Each party will be solely responsible for any debt associated with their respective vehicles. 2. REAl. ESTA.T.II HUSBAND and WIFE own real estate located at 1514 walnut Street, Camp Hill, Cumberland County, Pennsylvania. WIFE agrees to transfer all of her rights, title and interest in the real estate to HUSBAND so that HUSBAND will become the sole and exclusive owner of the property. WIFE will execute a Quit Claim Deed, a copy of which is attached as an exhibit to this Agreement. HUSBAND will be exclusively responsible for the mortgage and indemnifies and holds harmless WIFE. HUSBAND pledges his best efforts to obtain refinancing for the mortgage on the property and the removal of WIFE's name from the obllgation. 3. CUSTODY. VISITATION AND SUPPORT I A. The parties agree that WIFE shall continue to have primary physical and legal custody of Ryan James Myers (D.O. B. 7/1/84) and Laura Elizabeth Myers (0.0.8. 5/15/91). 3 3. HUSBAND shall pay to WIFE the sum of $ 80.00 bi-weekly until the end of September 1997. 4. HUSBAND shall contribute one-half of the net cost of a collpg8 undergraduate education for his children after deduction from the gross cost of the education the child's contribution, scholarships, awards, grants and similar payments. D. Each parent shall have access to all information with regard to child care accommodations, health of the children, education and religion. E. The parent obtaining custody of the children is responsible for providing transportation. F. HUSBAND shall have partial physical custody of the children for two consecutive weeks in the summer beginning the summer of 1997. HUSBAND will provide WIFE no less than 45 days notice of his intentions. 4. ATTORNEY'S FEES. Each party shall be responsible to pay for their own counsel fees and other costs relating to this Divorce action. 5 5. DEBTS AND INDEMNIFICATION I HUSBAND and WIFE represent and warrant to each other that except as provided herein, neither one has contracted or will in the future contract any debts, charges, or liabilities whatsoever for which the other party or their property or their estates shall or may be or become liable or responsible, will at all times keep each other free, harmless and indemnified against and from any and all debts and liabilities heretofore or hereafter contracted or incurred by the other, except as expressly provided in this Agreement. HUSBAND has assumed responsibility for all known marital debts except that WIFE is solely responsible for her education loan. HUSBAND will indemnify and hold harmless WIFE from any other obligation. Any debts after-discovered shall be allocated to and the responsibility of the person who obtained the benefit for which the debt was incurred. 6. PENSIONS. HUSBAND and WIFE agree that WIFE waives any and all right, title and interest she may have whatsoever in any pensions, retirement or profit shar.lng, IRA or similar plan of HUSBAND in consideration of HUSBAND'S agreement to waive any right, title and interest he may have whatsoever in any pension, retirement or profit sharing, IRA or similar plan of WIFE. 6 7. MUTUAL RELEASE. Subject to the provisions of t:his Agreement, each party has released, discharged and by this Agreement, does for himself or herself, and his or her heirs, legal representatives, executors, administrators and assigns, release and discharge the other of and from all causes of actions, claims, rights or demands whatsoevar, in law or equity, which either of the parties ever had, now have or can have at any time against the other, specifically including rights or claims to spousal support, alimony, alimony pendente lite, counsel fees and expenses, and equitable distribution of marital property, except for any cause of action for divorce from the bonds of matrimony and any cause of action for breach of any provision of this Agreement. The parties hereto expressly relinquish and waive any and all rights that they may have now or in the future to claim and/or obtain spousal support, alimony pendente lite, alimony, counsel fees and expenses or equitable distribution of property. 8. ESTATE RELEASE. Except as herein otherwise provided, each party may dispose of his or her property in any way, and each party hereby waives and relinquishes any and all rights he or she may now have or hereafter acquire, under the present or future laws of any jurisdiction, to share in the property or the estate of the other as a result of tho marital relationship, including without 7 11. NO INTERFERENCE. Each party shall be free from interfer$nce, authority and control, direct and indirect, by the other as fully as if he or she were single or unmarried. Neither shall molest the other, compel or endeavor to compel, the other to cohabit or dwell with him or her, or to interfere with friendships, so~iety or acquaintances which either of the parties hereto may choose or have from this day forward. 12. DOCUMENTS. Each party shall, at the request of the other, execute, acknowledge and deliver to the other party any documents which may be reasonably necessary to give full force and effect to this Agreement. 13. AGREEMENT NOT PREDICATED ON DIVORCE. I tis 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 to any agreement or institution, prosecution, defense, or for the non-prosecut.ion 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, either absolute or otherwise, upon just, legal and proper grounds; nor to prevent 9 either party from defending any such action which has been, mayor shall be instituted by the other party, or from making any just or propeX' 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 the Agreement. HUSBAND and WIFE each knowingly and understandingly hereby waives any and all possible claims that this Agreement is, for any reason, illegal or for any r~ason whatsoever, unenforceable in whole or in part. HUSBAND and WIFE each do hereby warrant, covenant, and agree that, in any possible event, he and she are and shall forever be estopped from asserting any illegality or unenforceability as to all Or any part of this Agreement. 14. CONSENTS TO DIVORCE TO BE EXECUTED. HUSBAND and WIFE each agree to execute Affidavits of Consent to Divorce and Affidavits of Waiver of Counseling contemporaneously with the execution of this Agreement. It is the intention of both parties to promptly seek and obtain a Decree in Divorce after the execution of this Agreement. 10 15. ABSOLUTE AND FINAL SETTLEMENT. The provisions of this Agreement are intended to consider, determine and distribute all of the assets of the parties hereto as part of the terms of this Marital Property Settlement Agreement. This Agreement is intended by the parties hereto to be a valid Marital Property Settlement Agreement, providing for the absolute and final settlement of their respective property rights and all obligations or spousal support. This agreement is not intended to be a mere separation agreement. This Agreement contains the entire understanding of the parties and there are no representations, warranties, covenants or promises other than those expressly set forth in this Agreement. 16. VOLUNTARY EXECUTION AND FAIRNESS OF AGREEMENT. Each party acknowledges that this Agreement has been entered into of his or her own volition, with full knowledge of the facts and full information as to the legal rights, liabilities and the assets of the other, and that eAch believes this Agreement to be reasonable under the circumstances and not the result of any duress or undue influence. 11 17. MODIFICATION AND WAIVER. A modification or waiver of any of the provisions of this agreement shall be effective only if made in writing and executed w.ith the same formality as 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. 18. SITUS. in the accordance Pennsylvania. This Agreement shall be construed and governed with the laws of the Commonwealth of 19. INDEPENDENT SEPARATE COVENANTS. It is specifically understood and agreed by and betwoen the parties hereto that each paragraph hereof shall be deemed to be a separate and independent covenant and agreement. If any term, condition, clause 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 ann in all other respects this Agreement shall be valid and continue in full force effect and operation. 12 20. ENTRY AS PART OF DECREE. It is the intention of the parties that this Agreement shall survive any action for divorce which may be instituted or prosecuted by either party and no order, judgment or decree of divorce (temporary, interlocutory, final or permanent) shall affect or modify the financial terms of this Agreement. This Agreement shall be embodied in and made part of any such judgment or decree of final divorce. 21. BREACH. If either party breaches any provision of this Agreement, the other party shall have the right, at his or her election, to sue for damages for such breach, or seek such other remedies or relief as may be available to him or her, and the party breaching this contract shall be responsible for payment of all attorney's fees, legal costs and expenses incurred by the other in enforcing their rights under this Agreement. 22. BUlDING EFF~. Each of the parties hereto intends to be legally bound hereby, and this Agreement shall be binding upon their heirs, personal representatives and assigns of the respective parties hereto. 13 Il .,'" I I 3, I~ WITNESS WHEREOF, the partiQs have hereunto set their hands and seals the day and year first above written, each adopting the seal following his or her signature as his or her own. I , , ,~~:1_~ David T. Myers Witness ~J~ ~ ~ rht-(f ,~~~ i a J. yerB I' ,14 DAVID T. MYERS, . IN THE COURT OF COMMON PLEAS OF Plaint!.ff . CUMBERLAND COUNTY, PENNSYLVANIA . v. . NO. 96-2402 CIVIL TERM . LISA J. MYERS, . Defendant . IN LAW - DIVORCE PRABCIPB TO TRANSMIT RECORD TO THE PROTHONOTARY. Transmit the record, together with the following information, to the Court for entry of a divorce decree. 1. Ground for divorce. irretrievable breakdown under Section 330l(c) of the Divorce Code. 2. Date and manner of service of the Complaint. Mav 2. 1996. bv certified mail (verification attached) 3. Date of execution of the Affidavit of Consent required by Section 330l(c) of the Divorce Code. by Plaintiff on AUGust 20. 1997 ; by Defendant on AUGust 20. 1997 . 4. Related claims pending. None Date. 2( ~~ '1'1 / David T. Kluz Attorney for Plaintif ~ (Y) ..... c;, E;; ,<l; .. <'-. ~ ..;> .-r ~q .;1 I,) - .~ ~~.: 0:-::: '.J:,,';r ~.. . .~I' <.:1_ (~J ,~-~ Ie !f) ; '~~''''J Edt N l. fl :~~J ~dtl '-"' [' 'lrl] w_ ., ::...> I';)c..l... J.. - ....; to'. u_ r- i3 <.) 0" , , , ,. " I, I, C2, ,-;) --.. . , I . \'<2 {, ro '~ ') - . . .. r....: II" ,'. .' f .......... I"~ I , . ~ f' I ~ ~ ., I, I ..t ~..., ..... : " -.....: . ~ !'- '......", ~ ~~ '~) - ~j ~ ~ 0 ... I {J H ~ ... ..... ~ ~ .... ~ ..., ~ Iii ! c: r'1~ .... to 2l ts8 ~ ~~ Ii .... 1>0 H~ ~/!i i i ~ i ~ E . . 1Il~ ~~ ~ ~ ffiA ! ~ ~ i . ~~ > q . . !; ~ to, I~ ~ Vi ::1 . '. DAVID T. MYERS, . IN THE COURT OP COMMON PLEAS OF Plaintiff . CUMBBRLAND COUNTY, PENNSYLVANIA I ('~4'LJ.. .7-/ t ,1."-- v. . NO. 91- J 'I UJ . LISA J. MYERS, . Defendant . IN LAW - DIVORCB COMPLAINT UNDBR SBCTION 3301(c) OP THB DIVORCE CODB 1. Plaintiff is David T. Myers, who currently resides at 1530 Tussey Court, Mechanicsburg, Cumberland County, Pennsylvania. 2. Defendant is Lisa J. Myers, who currently resides at 1514 Walnut Street, Camp Hill, Cumberland County, Pennsylvania. 3. Plaintiff has been a bona fide resident in the Commonwealth for at least six months immediately previous to the filing of this Complaint. 4. Plaintiff and Defendant were married on March 26, 1988, in Camp Hill, Cumberland County, Pennsylvania. 5. There have been no prior actions of divorce or for annulment between the parties. 6. The marriage is irretrievably broken. 7. Plaintiff has been advised that counseling is available and that Plaintiff may have the right to request that the Court require the parties to participate in counseling. ,I " , , , " .~ ~ C") c: 1 ~- .. .-).rjI 0 ..:3 , ~'r (I r'~ \:' :,= 1..)(" [I' , .~ ~ '"J ~.\... C1;:.! I ~t ~;: If') '.",'} N ).1.... , ' ::~.l (,'.t 'ItiJ li: ~ I ' ::-.1 !u.. ,., "'" . lj. r- "j (;.) CJ'. 1...1 \, " I ," , , ,I ,. I , " I I I DAVID T. MYBRS, I IN THE COURT OF COMMON PLBAS OP Plaintiff . CUMBERLAND COUNTY, PENNSYLVANIA . v. I NO. 96-2402 CIVIL TERM I LISA J. MYE!tS, I Defendant I IN LAW - DIVORCE AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under 5 330l(c) of the Divorce Code was filed on May 2, 1996. 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety days have elapsed from the date of filing the Complaint. 3. I consent to the entry of a Final Decree of Divorce. 4. 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. 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. 5 4904, relating to unsworn falsification to authorities. Date I - () tll/7 JJ~!~~ David T. Myers Plaintiff ~ CO) ~ C P .. .::r ..1..,- ~lk "");..' fEU .".., ( ""~ ~i~ " ,).. "-l~ , - '.n .' . "1::. ..' l~ ' (-.I '".,;-~ cr:l,: &:r. ,,:j.. ,. 'IItl , r' \,:0.: . - .~ .'.. L',~ ,... "3 Q ~ ~., DAVID T. MYERS, I IN THB COURT OF COMMON PLBAS OF Plaintiff . CUMBBRLAND COUNTY, PENNSYLVANIA I v. . NO. 96-2402 CIVIL TERM I LISA J. MYERS, I Defendant I IN LAW - DIVORCE WAIVER AFFIDAVIT I, DAVID T. IIYBRS, hereby acknowledge that I have been served the Complaint in Divorce, that I have been advised of the availability of marital counseling, that I have specific knowledge of the filing of a praecipe to Transmit Record, and that I understand that a Final Decree in Divorce should be issued in the near future. I hereby waive any other notice required by 6tatute or practice and agree to the immediate entry of a Final Decree in Divorce. I verify that the statements made in the foregoing Affidavit are true and correct to the best of my knowledge. I understand that false statements herein are made subject to the penalties of 18 Pa, C.S. 5 4904, relating to unsworn falsification to authorities. Date. :1/)cJt17 _~;L~~-1.~ David T. Myers , , , , " i'r, r.) r' ~ <:: -. ., ~- t'jQ ..::r ;c>...... ~~: I,.J .:;.,-~ i,l:: rJ '" ~ ""- /'" ,.,~ C. t.(") "';:'.. ':1' " 'j '{~ ,I,; N {;~~, (.!l ):. .~'.: . '.1({; d. ;:':':1 ,n(:~ 1- .... ':'; It) ,... ::!'j' C C" (j , , " DAVID T. MYBRS, . IN THB COURT OF COMMON PLEAS OF Plaintiff . CUMBERLAND COUNTY, PENNSYLVANIA I v. I NO. 96-2402 CIVIL TERM I LISA J. MYERS, . Defendant I IN LAW - DIVORCE AFPIDAVIT OP CONSBNT 1. A Complaint in Divorce under S 3301(c) of the Divorce Code was filed on May 2, 1996. 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety days have elapsed from the date of filing the Complaint. 3. I consent to the entry of a Final Decree of Divorce. 4. 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. 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. S 4904, relating to unsworn falsification to authorities. 4A-~.'nt=7{k~ Li a J yers , Defendant Date.~)lq9'7 ~ ~) ~ a f: :!: '(30 ..1..( ~.) . :t.: L. ;;, ~~. .,- ".J;';. ," ..... 'yj c' ..... (; '~ ..'L') 'I" ''') . :-t.l L.<.tl g:: ',~/r,\ . , ,..IJCJ,.. ,,, .... "5 II, '0: (..J (;) " " '.' " DAVID T. HYERS, . IN THE COURT OP COMMON PLEAS OF Plaintiff . CUMBERLAND COUNTY, PENNSYLVANIA . v. . NO. 96-2402 CIVIL TERM . LISA J. HYERS, I Defendant . IN LAW - DIVORCE WAIVER APPIDAVI.7 I, LISA J. KYBRS, hereby acknowledge that I have been served the Complaint in Divorce, that I have been advised of the availability of marital counseling, that I have specific knowledge of the filing of a Praecipe to Transmit Record, and that I understand that a Final Decree in Divorce should be issued in the near future. I hereby waive any other notice required by statute or practice and agree to the immediate entry of a Final Decree in Divorce. I verify that the statements made in the foregoing Affidavit are true and correct to the best of my knowledge. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. S 4904, relating to unsworn falsification to authorities. ~(J'~ l- 'Vh(f 'l~ Lila J. ers Date.Ci_,\..-t~ ~(). I Cjq') " ir. f") ~~ ~4, c:: 5 :iT ~- ~_~l..-'( ~~f:i r:.lr:.:j; ,.. .)~,. , , f'- -I' eo: 1_.:;-": --; I ;~.j ~C. In '.: ti; .:ll..... . UJ"'- ,('./ ,'} :~;, , ij:l~r ' c.!l' I,,(,jr[j ., :.::.. " <,.,!.:~ ,.- .... ';;0 Ll. r- (.) 0' d , ' ., fl; ....) ~- , , Cl, ~;; ~:::: .. .:,'i.,.,.. &? .:z ';) -. ~ i,! ~1:; :,):.',:.1 ' " '"- )~ 'f- d"\ ' ~,.., "0 <'J 'J _.. "" t...;.; -1'1 '::.'.1 :/j,;,,j U", ::;,1 J .~I } '.:.1.. "'" :,t ll_ ,... d 0 01 DAVID T. MYBRS, I IN THE COURT OF COMMON PLEAS OF Plaintiff . CUMBERLAND COUNTY, PENNSYLVANIA . v. . NO. 96-2402 CIVIL TERM . LISA J. MYERS, I Defendant I IN LAW - DIVORCE VlRIFICATION OP SERVICB I, Williaa Levis Grubb, Bsquire, hereby acknowledge that I received a Notice of Intention to File Praecipe to Transmit Record on behalf of my client, Lisa J. Myers in the above captioned divorce. I verify that the statements made in the foregoing document are true and correct to the best of my knowledge. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. S 4904, relating to unsworn falsification to authorities. ~ " 1< hb.l W iam Lewis Grubb (~ zr;. Date. t>/ \'OjGo} ~ ("') >- h~ 0 I"~ ~ ?-, :5., Ill:; _7 i"j)';'.l ~, (t I .~ J-., tb '- .! ~~J ,,- 5'j~: 1..-, ',,'1'1 (.'". ~'J i ',.~ LJjl . ~ r;,; u.:\ ' ~..:: ,; J(t] ...~ >"11.. I ..,. I, lJ.. ,.. ;:-. U ('/'l 0 ,J I