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HomeMy WebLinkAbout96-02500 "\ ~ ~ ~ J ~ "'/ . ..., ()o. . ...s I" DEBRA K. GREEN, PLAINTIFF IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V, ARTHUR E, GREEN, DEFENDANT 96.2500 CIVIL TERM ORDER OF COURT AND NOW, this 11 th day of October, 1996, IT IS ORDERED that tha record In the within case Is sealed except for the divorce decree, Kathleen D, Keating, Esquire For Plaintiff / / / , C'---Jl.UW ,....\(_\1 t.l 10//11'/(, J, t~ Arthur E, Green, Pro sa 101 West Main Street Newburg, PA 17240 :saa . to seek to have this Agreement merged into a decree of divorce, The Parties agree that the terms and conditions of this Agreement are to su.-vive any court order or decree of divorce. and are to be enforceable as the independent contractual obligations of the Parties aner the entry of any such order or decree, 1.05, DatI! of MarriaKl!, The Parties were mllrried on November 23, 1985, in Upper Strasburg, Franklin County, Pennsylvania. and ever since that date have been. and are now, husband and wife, 1.06. DatI! of Separatio/l, The Parties have been living separate and apart from each other since May I, 1995. 1.07. Childrl!/I of Partil!.\'. The Parties have no children bom to their union as of the Date of this Agreement, and Wife is not now pregnan\. 1.08. Separatio/l of Partil!s Clnd IJil'orcl! Actio//. The Parties agree that grounds for divorce from their bonds of matrimony currently exist, and they are currently living separate and apart, A complaint for the divorce of the Parties has been filed in the Court of Common Pleas of Cumberland County, Pennsylvania, (at docket number 96-2500 Civil Term) and is now pending, ARTICLE II. PURPOSE OF AGREEMENT AND EFFECTIVE DATE 2.01. Se/lII!I/II!/11 of Propmy. It is the purpose and intent of this Agreement to sellle forever and completely the interests and obligations of the Parties in all property that they own separately, and all property that would qualify as marital property under Section 3501 of the Pennsylvania Domestic Relations Code and that is referred to in this Agreement as "marital property", as between themselves, their heirs, and assigns. The Parties have allempted to divide their marital property in a manner that conforms to a just and fair standard, with due regard to the rights of each Party, The parties have allempted to divide their marital property in a manner which conforms to the criteria set forth in Section 3502 of the Pennsylvania Domestic Relations Code, taking into account the following con.iderations: the length of the marriage; the age. health, station, amount and sources of income, vocational skills, employability, estate, liabilities. and need for each of the parties; 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 benelits; the contribution or dissipation of each party in the acquisition, preservation, depreciation. or appreciation of marital property; the value of the property set apart to ellch party; and the standard of living of the parties established during their marriage, 2 of 13 . (d) Suffered any damage, destruction, or loss, whethcr or not covered by insurance, affecting marital property, business, or prospects, or waived any jointly held right of substantial value, (e) Entered into any transaction in any way related to any marital propcrty other than in the ordinary course ofbusiness, Since the date of separation, thcrc has been no cvcnt or change in condition, financial or otherwise, materially anccting thc valuc of any marital propcrty, othcr than changes in the ordinary course of business, 3.03. Accl!s,\' to Tax &tll"'S, Each Party acknowledges that, to the extent desired, he or she has had access to all joint and separate state and federal tax returns tilcd by or on behalf of either or both Parties during marriage, 3.04. Utigatiol/, There are no actions or proccedings pending against either Party or involving any marital property at law or in equity or belore any federal, state. municipal. or other governmental body, Neither Party is aware of any facts that might result in any action. suit, or proceeding against either Party or against any marital property, Neither Party is in default with respect to any order or decree of any court or of any governmental body, and no marital property is liable for the payment of any obligation by order or decree of any court or governmental body, 3.05. Filil/g of Tax Retl/ms. All federal, state, and local tax returns required to be tiled by the Parties have been tiled. and all federal, state, and local taxes required to be paid with respect to the periods covered by the returns have been paid, Neither Party has been delinquent in the payment of any tax, assessment, or governmental charge, Neither Party has had any tax deficiency proposed or assessed against him or her, nor has executed any waiver of the statute of limitations on the assessment or collection of any tax, 3.06. Title to Properties al/d Assets, All marital property has good and marketable title, No marital property is subject to any mortgage, encumbrance, or restrictions, except as disclosed heretofore as securing specified liabilities, ARTICLE IV. CONFIRMATION OF SEPARATE I'ROPERTY AND SEI'ARATE DEBTS. 4.01. HlIsha"'l',~ Separate Properly. The Parties conlinllthat the following property is. at all times during marriage WIIS, and shall oller divorce remllin, the separate property ofl-Iusband: 4 of 13 . (a) Sundry items of personal property that are not specifically enumerated in the instant Agreement. (b) 1996 FordF-lSO The Parties further confinn that any income trom and increases in value in this separate property that accrued during marriage were solely due to reasons wholly independent from any contribution made by Wife, and that this income and apprecintion in value is the separate property of Husband, 4.02. Wife's Separate Property. The I)arties continn that the following property is, at all times during was, and shall aller divorce remain, the separate property of Wife: (a) Sundry items of personal property that are not specitically enumerated in the instant Agreement The Parties further confinn that any income from and increases in value in this separate property that accrued during marriage were solely due to reasons wholly independent from any contribution made by Husband, and that this income and appreciation in value is the separate property of Wife. 4.03. Separatc Propcrly of 1I/1,\'ha/ld with Marital/mcrc.!'t, The Parties continn that the following property is, at all times during marriage was, and shall aller divorce remain, the separate property of Husband: (a) None However, the Parties confinn that the amount of $0 represents appreciation in value of this separate property that accrued because of the contributions of Wife to the marriage, This amount is to be considered as marital property and subject to the equitable division of marital property as set forth in Article V of this Agreement. 4.04. Separatc Property of Wifc with Marital /II/crcst, The Parties continn that the following property is, at all time during marriage was, and shall aller divorce remain, the separate property of Wife: (a) None However, the Parties continn that the amount of $0 represents appreciation in value of this separate property that accrued because of the contributions of Husband to the marriage, This amount is to be considered as marital property and subject to the cquitable division of marital property as set forth in Articles V of this Agrecment. 5 01'13 8.03. III the I~'I'<'III oj Iln'ach. In the event that either Party breaches any provision of this Agreement, and the other Party retains counsel to assist in enlhrcing the tenns thereof, the Parties hereby agree that the brenching Pnrty will pay all attorney's Ices, court costs and expenses incurred by the other Party in enlhrcing the Agreement. AI~T1CLE IX. GENE!lAL 1'!lOVISIONS 9,01. lIe1eC/.\'e oj All Claill/.\', Except liS specilicully set thrth in this Agreement, euch Party to this Agreement releases the other from 1111 c1uims, liabilities, debts, obligations, und causes of action that have been incurred during the marriage between the Parties, 9.02. Gelleral Daty to IIIdemllify, Each Party represents and warrants to the other that he or she has not incurred any debt, obligation, or other liability, other than those described in this Agreement, on which the other Party is or may be liable, Each Party covenants that if any claim, action, or proceeding is initiated seeking to hold the other Party liable for any debt, obligation, liability, act, or omission related to the marriage of the Parties Ihr which that Party is responsible under the temls of this Agreement, the responsible Party will, at his or her sole expense, defend the other against the claim or action, In addition, each Party covenants that he or she will indemnify and hold hannless the other Party with respect to all damages resulting from the proceeding, Damages, as used in this Agreement, shall include any loss, cost, or their liability without limitation that results from the prosecution of any claim, action, or demand, Damages shall also include reasonable attorney fees and other expenses incur red in the investigation or in the attempt to avoid the litigation, or in enforcing any right ofinden1l1ity, In addition, the damages must result from any inaccurate representation made by or on behalf of either Party to the other in or pursuant to this Agreement, or from a breach of any of the covenants, promises, or obligations made by or incurred by either Party in or pursuant to this Agreement. Each Party agrees to give the other prompt written notice of any demand, claim, or litigation that is threatened or instituted against him or her and that might constitute the basis of a claim Ihr indemnity pursuant to the temls of this Paragraph, 9.03. Credit Card.\' alld AccO/lI/t.\', All existing churge uccollnts and credit cards in the names of Husband and Wile, or in the name of either of them under which the other may be extended credit Ihr purchases, shull be closed or surrendered to their issuer us of the enective date of this Agreement. 10 of 13 9.04. RiK'" /() I.iw Sl'flCII'aldy a/ld /oiw /oi'll/I/ 1/I"":fI'rc/lcl', Thc Partics shall livc scparatc and apart from cach othcr, Ncithcr Party shall intcrfcrc with thc othcr Party in any rcspcct. Each ('arty may carry on and cngagc in any cmploymcnt ur thcir activity as hc or she may dccm dcsirable for his or hcr sole usc and hcnclit. Ncithcr Party shall intcrfcrc with the usc, owncrship, or disposition of any propcrty now owncd 01' subscqucntly acquircd by the othcr, 9.05. ACls I'rio/'10 I~'I/I/'y I!{ I>i,'(//'Cl' /)CI'/'I'I', Each Pm1y agrccs lhat ncithcr shall cnter into any transaction or pcrfoml any acl lhat would constitute a brcach of thc rcprcscntations, warrantics, or Ilromiscs containcd in this Agrccmcnt. Each Party willal1hrd to thc othcr. or his or hcr rcprcscntative, rcasonablc acccss, during normal busincss hours, to thc books and rccords of all marilal property, and will COOpCl'lltc in thc cxamination, No cxaminations, howcvcr, shall constitutc a waivcr or relinquishmcnt hy cithcr of thc right to rely on thc covcnants, rcprcscntatlons and warrantics ofthc othcr as providcd in this Agrccmcnt. Each agrccs to hold in confidcncc all information so obtaincd, and any documcnt or instrumcnt obtaincd pursuant to this Paragraph shall bc hcld on an cxprcss tl1lsllhr and on hchalfofthc othcr. 9.06. Nalll/'c a/ld SII/'I'iml of IIcflrc,I't'II/alio/l,l' (/1/(1 lI'arml/lic,I', All statcmcnts of fact contained in any documcnt delivcrcd by cithcr Party to the othcr fhr inlomlDlion or rcliance pursuant to this Agrccmcnl shall bc considcrcd rcprcsentations and warrantics undcr this Agrccmcnt. All rcprcscntations and warrantics ofthc Parties shall survivc thc cntry ofthc divorcc dccrcc, 9.07. Ul!cof(ll' ofMaritall'rofll!l'/Y, For a pcriod ofthrec (3) ycars lollowing thc datc of cntry ofthc divorcc dccrec, thc books of account and rccords of all marital propcrty pertaining to all periods duriag marriagc and prior to lhc datc of cntry of thc divorcc dccrec shall bc availablc for rcasonable inspcction by eithcr Party or thcir rcprcscntatives for use in conncction with ilny lawful purpose, 9.08. Wail'cr of IIiK"'S 10 OI"C/, l'aI'lY',\' 1~\lall!, Each Party waives any and all of thc following rights: (a) To inhcrit any part of the estatc ofthc othcr at his or her dcath, (b) To receive propcrty fromthc estale ofthc othcr by bcqucst or dcvisc, cxceptundcr a will or codicil datcd subscqucntlo thc cl1cctive datc of this Agrccment. (c) To act as a pcrsonal rcprcscntativc ofthc cstatc ofthc othcr on intcstacy, (d) To act as an cxccutor undcr thc will of thc othcr, unlcss nominatcd hy a will or codicil dalcd suhscqllcnttothc cm~ctivc datc llfthis Agcccmcnt. 1101' I) IY) o,l/ r "1 ., J (1) @ 'It v(, ;., ~~ I '....:..J . '"'J i: " , tll' , . ~ I i , ~~ In .., t:' - fl:- t' . 1"" i -, t I ,~ :: (). t:' , . l " ":J I' C): .J I' li .~ (. ,11 " lJ; ,. ". e' (' > " CJ i" " U,I t). ~'. , p; -~ (J' 2.' " "I" " , ( 'j l.. I.' 1,.'. In , ll1 ) ~ ' 1- . i .~. 1Jll , " f.) ~ IE ,. '. ~. L: , ' ," C I ,,, C U. I <l.,j v, . . L , " t::J i' i lJ ,~ r " I' ", " ..... " L'. , ' , (' I' lJ. 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