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HomeMy WebLinkAbout96-02621 ~ PROPERTV SETTLEMENT AND SEPARATION' AGREEMENT THIS AGREEMENT made this 11,6 day of (Qu..c.y ,199 between JANICE L, CLEMONS, of Camp Hill, cumberland County, Pennsylvania, hereinafter referred to as Wife, A N D BRIAN A. CLEMONS, of Camp Hill, cumberland County, Pennsylvania, hereinafter referred to as Husband. WITNESSETH: WHEREAS, in consequence of disputes and unhappy differences, the parties have been living separate and apart from each other; and WHEREAS, the parties desire to confirm their separation an make arrangements therewith, the division of their marita property and other rights and obligations growing out of thei marriage. NOW THEREFORE, in consideration of the covenants promises hereinafter to be mutually kept and performed by party, as well as for other good and valuable consideration intending to be legally bound it is agreed as follows I SAlOIS, GUIDO, SnUFF & MASLAND 26 W, IlIlh SIr<<, Carllllc,l'A (1) It shall be lawful for each party at all timl! hereafter to live separate and apart from the other party at place or places as he or she from time to time may choose or fit. (2) Except as herein otherwise provided, each party here ~ releases tho other from any and all claims, or 'demands up date of execution hereof. (3) In the event that either party contracted or incurre any debts since the date of separation on May 11, 1996, the part who incurred aaid debt shall be responsible for the paymen thereof regardless of the name in which the debt may have bee incurred. A. Wife will assume the Mastercard payment, the Texac Husband and Wife acknowledge and agree that they have n other outstanding joint debts and obligations of the Husband an Wife incurred prior to the signing of this Agreement, except a follows which will be assumed by the following partiesl SAIDIS, GUIDO, SHUFF & MAS LAND 26 w, llIah SIl<d CO/Ii.le,""' payment and the Wards credit card. B. Husband will assume the Sears credit card payment, and the outstanding balances due to Holy Spirit Hospital an Harrisburg Hospital. Each party agrees to pay the outstanding joint debts as se forth herein and further agrees to indemnify and save harmles the other from any and all claims and demands made against eitHe of them by reason of such debts or obligations. (4) Each party relinquishes any right, title and interes he or she may have to any and all motor vehicles currently i possession of the other party, including the Crysler LeBaron i the possession of Husband. Husband shall assume ful responsibility of the encumbrance on the LeBaron, and shall hol Wife harmless and indemnify her from any loss thereon. Husban shall retain possession of the 1995 Katana Motorcycle and shal aDDu",e tho' full' rODponoibility of the encumbrance to GE Capital and shall hold Wife harmlesD and Dhall hold Wife harmleDs an indemnify her from any loss thereon. (5) The parties hereto mutually agree that they hav effected a Datisfactory division of the furniture, househol furnishingD, appliances, tools and other household property between them, and they mutually agree that each part shall from and after the date hereof be the sole and separat owner of all such property preDently in hiD or her possessio whether said property waD heretofore owned jointly individually by the parties hereto. This agreement shall hav the effect of an assignment or bill of sale from each party t the other for such property as may be in the individua possession of each of the parties hereto. Husband will be entitled to the television, the microwav oven and his gun, regardless of when it is picked up from th residence of the Wife. (6) Each party hereby relinquiDheD any right, interest he or she may have in or to any intangible persona property currently titled in the name of or in the possession 0 the other party, including, but not limited to, stocks, bonds, insurance, bank accounts and retirement accounts. SAlOIS, GUIDO, SnUFF & MASLAND 26 W, lUsh S\I<<I CarU...,I'A (7) Except as otherwise provided herein, Husband shall no pay to Wife nor Wife to Husband any sum whatsoever as alimony, alimony pendente lite, or for his or her support or maintenance. (8) Wife iD now rept'esented by Johnna J. Deily, Esquire 0 Saidis, Guido, Shuff & Masland. HUDband has waive SAID IS, GUIDO, snUFF & MASLAND 26 W. IIISh 51",<1 Cull".. I'", representation by independent counsel, and has had opportunity to preoent a draft of this Agreement to a counsel 0 his choice. (9) Neither party ohall contract or incur any debt 0 liability for which the other party or hio or her property 0 estate might be responsible and ohall indemnify and save th other party harmleos from any and all claimo or demands mad against him or her by reaoon of debt 0 or obligations incurred b the other party. (10) Each of the partieo shall from time to time, at requeot of the other, execute, acknowledge and deliver to other party any and all further inotruments that may reasonably required to give full force and effect to provision of this Agreement. (11) The parties agree that any tax refund for the tax yea 1995 shall go to Wife. (12) The parties do hereby warrant, represent, acknowledg and agree that each is fully and completely informed of, and i familiar with, the wealth, real and personal property, estate an asseto, earningo and income of the other and that each has made full and complete disclosure to the other of his and her aosets and liabilities and any further enumeration or statemen thereof in thio Agreement is opecifically waived. (13) Husband and Wife acknowledge that each of them ha read and understand his and her righto and responsibilities unde thio Agreement and that they have executed this Agreement unde no compuloion to do 00 but as a voluntary act. It io further specifically understood and agreed b and between the partieo hereto that each party accepts provisiono herein made in lieu of and in full settlement oatiofaction of any and all of naid party' n rights againot other for paot, present and future claims on account of support, maintenance, alimony, alimony pendente lite, counsel fees, coot and expennes, equitable diotribution of marital property and an other claims of each party, including all claims which have bee raised or may be raised in an action for divorce. (15) Except as may be otherwise specifically provided i this Agreement, Hunband and Wife, for themselves, their heirs, repreoentatives and asoigns, each hereby forever releases, remises, discharges and quitclaims the other, and such other' heirs, representativeo, assigno and estate, from and with respec to the following: A. All liability, claims, causes of action, damages, costs, contributions, expenses or demands whatsoever or in equity; B. All rights, title, interest or claims SAIDlS, GUIDO, snUFF & MAS LAND 26 W. lUsh 51n:e1 Carlille, PA any property of the other, whether real, personal and whether now owned or hereafter acquired; C. All rights of curtesy and dower and all claims 0 rights in the nature of curtesy and dower; D. All widow or widower's rights; E. All rights, title and interest or claims in or t the other's estate, whether now owned or hereafter acquired, including but not limited to all right 0 or claims: SAlDIS, GUIDO, SnUFF & MASLAND 26 W. llI&h 51n:e1 CarIl.I., VA (1) to take against the other'o will; (2) under the laws of inteotacYi (3) to a family exemption or similar allowance; and (4) all other rights or authority participate or intervene in a deceased spouse' estate in any way, whether arising under the laws 0 Pennsylvania or any other country, territory, state or political subdivision. F. All rights or claims to any accounting; G. All rights, claims, demands, liabilities an obligations arising out of or in connection with the marita relationship or the joint ownership of property, whethe real, personal or mixed; H. All rights, claims, demands, liabilities obligations arising under the provisions of the Pennsylvani Divorce Code, Act 26 of 1980, as the same may be amende from time to time, and under the provisions of any simila statute enacted by any other country, state, territory 0 political oubdivision; I. All rights, claims, demands, liabilities and obligations each party now has, or may hereafter have, against or with respect to the other. (16) This Agreement shall be construed under the law of th Commonwealth of Pennsylvania. If any provision of this Agreemen is determined to be invalid or unenforceable, all othe provioions shall continue in full force and effect. SAlDIS, GUIDO, SnUFF & MASLAND 26 W. IlIah 51n:<I Cull".",", (17) In the event that either of the parties shall recover final judgment or decree of absolute divorce against the other i a court of competent juriSdiction, the provisions of thi Agreement may be incorporated by reference or in substance bu ohall not be merged into such judgment or decree and thi Agreement shall survive any such final judgment or decree 0 absolute divorce and shall be entirely independent thereof. (18) In the event that either party breaches any of thio Agreement, and the other party retains counsel in enforcing the terms thereof, the parties hereby agree that breaching party will pay all attorney' 0 fees, court costs expenses incurred by the other party in enforcing the Agreement. (19) Thio Agreement constitutes the entire understandin between the parties and there are no covenants, conditions, representations, or agreements, oral or written, of any natur Whatsoever, other than those herein contained. (20) This Agreement ohall bind the parties hereto, thei respective heirs, executors and assigns. IN WITNESS WHEREOF, the parties hereto intending to b legally bound have hereunto set their hands and seals the day an year first written above. ~>1A.--".Jl / {'..a......~ J ICE L. CLEMONS t ~ vi I/. C)~/J I ( / t;rIv<..... )-) LCu&d&..._ Witness I '-~~ J j CJ~~\...~ BRIAN A. CL ON f': r" If: I .~ lI!1 { ,. " -j I'. (~: r~t ] ~;: . , ",1 u. .~ ( .-, ,. , U C\ ..... t". r; 1,-. I -- pI ~ J' F:' ,>j ... ti'; r.'l I>") " hi . i " ~ ,,] I. I. 'II.. I. I' I , 1..' '-' ,.J I I. II I, il II I II II SAIUIS, GUIIIO, snun-' & MASLANIl 26 W. Illsh SlIrt'l I Cnrli\lc.I'A I Ii I' " Ii " ii Ii I! ii ... , . f :==:~=~,~::'::~.doO-1-RE' 'S~TR' I~T'E' n :.:i:~~~~::\~~,~~ t .Pml YtU nIInt and Iddr... a1 ttw,. ,.. I W ."1" l!hdrs fll): ~~~ f .AnIdl....Io""~I........oIl...mol~CI,..~"fOtJV 1, CI Addreu....Addre.. '=R""'" R_ Roq_Id'on ''''mol","",.I;,A,J,,~r. 2,Jtl( R..trlcted O.lIvery .1'he Alturn Receipt llltllhow to whorrllhl AItld, WI' deIntd)rid the dill I Ii _.' eon.ull po.tma.l.r for "", ,3, Mell ....ed to: 4a, ";e1aS 7f"s 3 B 931 :::i Brian A. Clemons ~ S ubwa y 4b. SalVlea TYI'a i 3300 Hartzdale Dr. 0 Rlgl.llred I!D Clrtlned r Camp Hill, PA 17011 0 Expre..M8iI 0 In.ured I o R.1um ~ for Mtn:hand.. 0 coo It 7. Oal. 01 0/:1 I I I 6. Slgnatu..: (ArkIrti or /1<<1/) .II X PS Fonn 3811, Oec.mber 1994 ,- r' 1'- u", .. " , I, - . . 1,,\ . t t. ~ ,~- ~ \ . .~I ~. Fl~ r-:' ! . I" ,:~~ \, I,.' , I .- , \' . ; ,- t," ,. I \ , \, i -f d-Ji d l) ~ ><- c.. ~. ,..., & lr) Ii; L: (j IJ 0- ~ I lfl I..) Q IU" (" .9 l).:> I' II) 2 r'} I: \{l r- "4-1 ~ , '" ~ I ,( L:l .J " . , \, , . .0: ~~ tJ ~ ~; P: -< g ...l '" \I.l +l E ~~~~~ ~l1< \I.l l: H .... III 0 o ~ ~+l 'tl ~~ 1IIl: ~l: Z z..... Ul QI H ~ Vl ffi ~ 0"' Z\I.l tE o~:I: ~ :E:~ OQl ~ 0 ~l1< 150 o Ollo- ~u H ~ 8c:is:gl::. tj .0: :s :;;J.. ~ 01 ~ ..:l . e.t t.:lllo~ 0 U P: ..:l . . - ~~iE ~ ~~ > .0: 8 .. tl CIl < ~ - U H 8 Ii!:~ciz ~ H P: -< H ZH III CIl , , i SAIDIS, GUIDO, SnUFF & IItASLAND 26 w, lIIah 51n:" CIlII.I., I'", JANICE L. CLEMONS, Plaintiff IN THE COURT OP COMMON PLEAS OP CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 96- .Jl. J/ (',;... 7,.,,- BRIAN A. CLEMONS, Defendant IN DIVORCE COMPLAINT UNDER SECTION 33011c) OR 3301ldl OF THE DIVORCE CODE 1, Plaintiff is Janice L, Clemons, who currently resides a 1008 W, Foxcroft Drive, Camp Hill, Cumberland County, Pennsylvania, 2. Defendant is Brian A. Clemons, who currently resides at 1008 W. Foxcroft Drive, Camp Hill, Cumberland County, Pennsylvania. 3, Plaintiff and Defendant have been bona fide residents i the Commonwealth for at least six months immediately previous to the filing of this Complaint, 4. The Plaintiff and Defendant were married on April 22, 1995 in Churchtown, Pennsylvania, 5, There have been no prior actions of divorce or for annulment between the parties. 6. The Plaintiff has been advised of the availability of marriage counseling and the Plaintiff may have the right to request that the Court require the parties to participate in counseling, Having been so advioed Plaintiff does not desire th Court to order counseling. 7. The marriage is irretrievably broken. I I I II I I , WHEREFORE, Plaintiff prays Your Honorable Court to enter a decree of divorce. v, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 'Ie. )(../1 CIVIL ~ r:,-~. JANICE L. CLEMONS, Plaintiff BRIAN A. CLEMONS, Defendant IN DIVORCE AFFIDAVIT I,Janice L. Clemons, being duly sworn according to law, depose and say: (1) I have been advised of the availability of marriage counselling and understand that I may requeet that the court require that my spouse and I participate in counselling. (2) I understand that the court maintains a list of marriage counselors in the Prothonotary's Office, which list is available to me upon request, (3) Being so advised, I do not request that the court require that my spouse and I participate in counselling prior to a divorce decree being handed down by the court. I understand that false statements herein are made subject to the penalties of 18 Pa. C,S. Section 4904 relating to unsworn falsification to authorities, SAlOIS, GUIDO, SnUFF & MASLANIl 26 w, IlIah 51"''' CAlII.I.,,'", Dated: 5/e/c; Co ,t:U' / CJ2~~"-t/~ , Plaint ff I II COMMONWEALTH OF PENNSYLVANIAI COUNTY OF CUMBERLAND aSS I verify that the statements made in this Complaint are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa, C.S. Section 4904, relating to unsworn falsification to duthorities. DATED I 5/S/QCt: Y1'HAU /:' a/..........,,'-= v. IN THE COUR'r OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 96-2621 Civil Term JANICE L. CLEMONS, Plaint if f BRIAN A. CLEMONS, Defendant IN DIVORCE PLAINTIFF'S AFFIDAVIT OF CONSENT AND, WAIVER OF NOTICE OF INTENTION TO REOUEST ENTRY OF A DIVORCE DECREE UNDER SECTION 3301(c) OF THE DIVORCE CODE 1. A Complaint in divorce under Section 3301(c) of the Divorce code was fll~d on May lJ, lY~~, 2, The marriage of Plaintiff and Defendant is irretrievably broken and ninety days have elapoed from the date of the filing of the Complaint. 3. I consent to the entry of a final decree of divorce without notice. 4. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if I do not clai them before a divorce is granted, 5. I understand that I will not be divorced until a divorc decree ia entered by the Court and that a copy of the decree wil be sent to me immediately after it is filed with the Prothonotary. I verify that the statements made in this affidavit ar true and correct, I understand that false statements herein are made subject to the penalties of 18 Pa, C.S. Section 4904 relating to unsworn falsification to authorities, "/1"/91 ~ /'/ Ii. '-( JJ ..::... ~~0..::~~_.~:__.:....~Li H_~~ anice L. Clemons, Plaintiff r.A':'CC', SAID IS, GUIDO, snun' & MAS1.ANIl 26 W,llia" 51""1 Carllllc.IIA I i ?,; 1'"' r 1(: j':: .. , " Ul~-l - " I t...1: ':.:: ~,- ' ,.. , ':j ~~". ro I::ij [ll: l:fi 'f. (;1 [iI' " ~: ~ ''"'- I' .- .n U t:' U JANICE L, CLEMONS, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 96-2621 civil Term BRIAN A. CLEMONS, Defendant IN DIVORCE DEFENDANT'S AFFIDAVIT OF CONSENT, ACCEPTANCE OF SERVICE AND WAIVER OF NOTICE OF INTENTION TO REOUEST ENTRY OF A DIVORCE DECREE UNDER SECTION 3301 lc) OF THE DIVORCE CODE 1, A Complaint in divorce under Section 3301(c) of the Divorce Code was filed on May 13, 1996, 2, Defendant acknowledges and accepts service of the Complaint on May 16, 1996. 3, The marriage of Plaintiff and Defendant is irretrievabl broken and ninety days have elapsed from the date of the filing of the Complaint, 4. I consent to the entry of a final decree of divorce without notice. 5, I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if I do not clai them before a divorce is granted. 6. I understand that I will not be divorced until a divorc decree is entered by the Court and that a copy of the decree wil be sent to me immediately after it is filed with the Prothonotary. 7, I have been advised of the availability of marriage counselling and uncierstand that I may requeot that the court require counselling. I do not request that the court require CQur.e<: 11 :.ng. SAlOIS, GUIIlO, SnUFF & MASLANIl 26 W, IIIGh 51,"' CIUIi.lc,IIA I verify that the statements made in this affidavit are tru and correct. I understand that false statements herein are made subject to the penalties of 18 Pa, C,S. Section 4904 relating t unsworn falsification to authoritieo, -- ~ ~~ ..,.-. -. t~ , . '- I, '.' -', \J..J~\\. '\ Brian A. cl ons Defendant DATED :\.\t.I' ()' J " \l .. .... t". t...: I,,: L: .. .<- \I I~. o. ..: . (" " ..' '. .1.- ,,- j;:1 wi r..":; r::.l ',:') ) r';; L-1. " (.] j !, n.. , " ,.n c. L' , -