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HomeMy WebLinkAbout96-02730 -----~--_.~-~.**.*~..~,.~.~..~.~*~.*.~~.~---~ M ~,---'.-.._. -,.._-~_. .'. .-- '.'",.. , ..,.. ,. ' .. " ' ' , - , , " ' ,. , ,_....... ~ $ 8 ~ IN THE COURT OF COMMON PLEAS ~ ~I ~ ~ OF COUNTY ~ ~ ~ ~ S ~ ". ~ CUMBERLAND STATE OF ~~! '~"I ~ ~ ,;, ':< ,;, " 8 PENNA, Amy 1I11l'mon, 1\\l,1)6-2730 ~ ~ ,;, " ,;, " P]lIintifr ~ \'1'1';,11-> ~ ',' Hayne Alan 1I11rmon, ~ 8 w ',' Derendllnt 8 ;;, " .:. ~ I, ,;, " DECREE IN DIVORCE ~ ., I ~ f.,., I 1-1 ~ d . , , ,)'4',m , , . " ,.",. '" 19.""" It Is or ered and ~ ~ ~ 8 S .. 8 $ ~ 8 $ 8 8 8 8 8 8 8 8 ~ 8 ~ ~ .'. l!. ~l ~ AND NOW, .', S ~ ~ 8 $ 8 S decreed that", , ,AI)1Y, .lIar!'l.~n, . , . . , , ' , , , , . , , , , " plaintiff. and ",',,',',', Wa,y,ne, Al,an , lIa[l1lon. , , ' . , , , . , , , ' , , , ' , , , , , . , " defendant, are divorced from the bonds of matrimony. The court retains lurlsdlctlon of the following claims which have been raised of record In this action for which a final order has not yet been entered; VJO\~ 1'he Separation and Pl'operty Settl.'ment Agreement dated ~ ~ 8 ~ ~ " ~ " 8 $ M ~ M ----.. .J..:-... .>>:. ".. 0...'....... ',.., / M'IY, .1.3,r, . ) ~,9,~. , ~,s ,~J.1~o.rp(n'a,tcd here! n ,an~1 .~h",. c,q'ur!:. .IF!!?, , , , , , , , , , , jurisdiction over no other clalmH. II v T h,' \(:" '\ 'I' '( -..-ll'_~ ^III,.11 '~'i ,,), ;;. ,'-hi' -"".1, v-'-" , 'I 'r. . It', I Il-.'L 1,-..... ./ ~'.""-".-('.h#~ /"" ,/ /',.... ":;'- ,?, ,..;(- t' . 4!./. ,;7 , / I.;(.'h,,"nlnry /) '-(7" 'M .:.:' .:.:. .:.:' ':.:. " - ~-~~.~._~,.*.~.,*.~,.*,.*.~.*..~..*.~, /'/~' ,,/t. y; /y' f't. ()..;' ';r~' . ':, :_a? t" ,...-a / .! ,/ ':I,;,t<., /.... (.e;,.c:!, <f# '-~. ~"'''.-('''.'.' SEPARATION AND PROPERTY SETTLEMENT AGREEMENT / -.7J v?1 THIS AGREEMENT, made this J day of II fC<:j 1996, by and between AMY HARMON, hereinafter referred to as WIFE and WAYNE ALAN HARMON, hereinafter referred to as HUSBAND, WIT N E SSE T HI WHEREAS, the parties were lawfully married on September 12, 1987/ and WHEREAS, there have been no children born as a result of this marriage/ and WHEREAS, certain differences have arisen between the parties as a result of Which they have decided to separate and to live separate and apart from one another, and it is the intention of the HUSBAND and WIFE to live separate and apart for the rest of their natural lives, and the parties hereto are desirous of settling fully and finally their respective financial and property rights and obligations as between each other, inclUding wi thout limitation, (1) the settlement of all matters betwsen them relating to the ownership of real and personal property/ (2) the settlement of all matters between them relating to past, present and future support and/or alimony/ and WHEREAS, during the parties' marriage there has been a complete disclosure of the earnings and property of each party, and each understands his/her rights under the Divorce Code of the Commonwealth of Pennsylvania/ and WHEREAS, WIFE, having beon properly advised by her counsel, R. Mark Thomas, Esquire, and HUSBAND, having been advised that he has the right to have legal counsel of his own choosing, and the right to have this Agreement reviewed by counsel of his own choosing prior to the execution of this Agreement, however, HUSBAND agrees that he has been provided with full and complete disclosure and is willing to enter into this Agreement without the advice of counsel, the parties hereto have come to the agreement, which follows: NOW, THEREFORE/ in consideration of the above recitals and the following covenants and promises mutually made and mutually to be kept, the parties, intending to be legally bound, agree as follows: 1. AGREEMENT NOT TO BE A BAR TO DIVORCE PROCEEDINGS A Complaint in Divorce has beep f)led to No, ~' ....,ll. ,-1...,,( (w\ t j/.ll! Court of Common Pleas of '.' _l II county / pennsyl vania. in the The parties intend to secure a mutual consent, no-fault divorce pursuant to the terms of section 3301(C) of the Divorce Code of 1980. since 90 days have not passed since the filing of the complaint for Divorce, both parties hereby agree that following the passage of 90 days from the date of the filing of the Divorce Complaint each party will sign an Affidavit evidencing their consent to the divorce, pursuant to section 3301(c) of the Divorce Code of 1980, The parties agree that unless otherwise specifically provided herein, this Agreement shall continue in full force and effect after such time as the final decree in divorce may be entered with respect to the parties, and the parties agree that this Agreement shall be incorporated into the final Decree in Divorce. No Court may change the terms of this Agreement, which shall be enforced in accordance with its terms. 2. PERSONAL RIGHTS HUSBAND and WIFE 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 he or she were unmarried. Each may reside at such place or places as he or she may select. Each may, for his or her separate use or benefit, conduct, carryon and engage in any business, occupation, profession or employment which to him or her may seem advisable. This provision shall not be taken, however, to be 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, J. DEBTS HUSBAND and WIFE have kept their debts separate for most of the marital term. It is hereby agreed that each party will pay the debts which are in their individual names, and that HUSBAND will pay any and all debts that are in joint names, WIFE hereby agrees the following debts are the debts in her individual name and are the debts which she will assume pursuant to this Agreement. VISA account number 4498 3760 0006 9406 Bon-Ton account number 063 230 890 060 Boscov's account number 315 4300 J.C. Penney's account number 089 122 969 24 WIFE hereby agrees to hold HUSBAND harmless and to indemnify him on account of any payments which he would make on the above- four account numbers. HUSBAND hereby agrees to hold WIFE harmless with regard to all other debts acquired by the partios during the marriage. In the event that WIFE is compelled to make any payments on debts other than those listed above HUSBAND hereby agrees to indemnify WIFE for any monies paid on debts. 4, PERSONAL PROPERTY HUSBAND and WIFE hereby acknowledge that they have agreed upon the division of all tangible personal property, including jewelry, clothing, furniture, household equipment, appliances, motor vehicles, recreational vehicles and tools, A complete list of all the personal property which is to become the sole and exclusive possession of the WIFE is attached to this Agreement as Exhibit "A" and made a part hereof as if fully set forth in this paragraph, WIFE and HUSBAND agree to cooperate in the transfer of all titles and insurance regarding all of the motor vehicles or recreational vehicles in the possession of either party. 5. AFTER-ACQUIRED PERSONAL PROPERTY Each of the parties shall hereafter own and enjoy, independently of any claims or rights of the other, all items of personal property, tangible or intangible, hereafter acquired by him or her, with full power in him or her to dispose of the same as fully and effectively, in all respects and for all purposes, as though he or she wore unmarried. 6, MARITAL RESIDENCE HUSBAND and WIFE agree that the marital residence located at 214 West Ridge Road, Dillsburg, York County, Pennsylvania, shall be conveyed to HUSBAND alone by HUSBAND and WIFE. Within three (3) months from the date of execution of this Agreement, HUSBAND shall refinance the outstanding mortgage so that it is in his name alone and WIFE'S name will be removed from the debt obligation, 7, LUMP SUM PAYMENT HUSBAND agrees that in addition to the personal property which WIFE will receive pursuant to the list attached hereto as Exhibit "A" that HUSBAND will pay to WIFE the lump sum of $30,000.00 which is to be paid on the date of execution of this Agreement in a form of certifiable funds. This sum represents a portion of the WIFE's share of the marital property that she is receiving pursuant to this Agreement, 8. PENSION AND EMPLOYMENT BENEFITS Each of the parties is employed and through their employment each party is entitled to employee benefits either through a pension plan, employee stock purchase plan or a 401k Plan. Each of the parties hereto hereby waives, relinquishes and forever gives up any claim which either may have against the employee benefits or pension plans of the other. 9, ALIMONY Both parties acknowledge and agree that the provisions of this Agreement providing for equitable distribution of marital property are fair, adequate and satisfactory to them and are accepted by them in lieu of and in full and final settlement and satisfaction of any claims or demands that either may now or hereafter have against the other for support, maintenance or alimony, HUSBAND and WIFE further, voluntarily and intelligently, waive and relinquish any right to seek from the other any payment for support or alimony. Each party shall indemnify, defend and hold the other harmless against any future action of either support or alimony brought by or on behalf of the other, such indemnity to include the actual counsel fees of the defendant in any such future action, 10. RELEASE Subject to the provisions of this Agreement, each party has released and discharged, and by this Agreement does for himself or herself, and his or her heirs, legal representatives, executors, administrators and assigns, release, indemnify (including actual legal fees) and discharge the other of and from all causes of action, claims, rights, or demands, whatsoever in law or equity, including equitable distribution, spousal support, alimony, counsel fees, alimony pendente lite and expenses which of the parties against the other ever had, now has, or may have in the future under the Pennsylvania Divorce Code, as amended, or under any other statutory or common law, except as set forth below in this paragraph, all causes of action for divorce, and all causes of action for breach of any provisions of this Agreement, including proceedings to enforce this Agreement pursuant to the provisions of the Divorce Code. Each party also waives his or her right to request marital counseling, pursuant to the Divorce Code. 11. WAIVERS OF CLAIMS AGAINST ESTATES Except as herein otherwise provided, each party may dispose of his or her own property in any way, and each party hereby waives and relinquishes any and all rights he or she milY now have or hereafter acquire under the present or future laws of any jurisdiction, to share in the property or estate of the other as a result of the marital relationship, including without limitation, dower, curtesy, statutory allowance, widow's allowance, right to take against the will of the other, and right to act as administrator or executor of the other's estate, and any right existing now or in the future under the Pennsylvania Divorce Code, as amended from time to time, and each will, at the request of the other, execute, acknowledge and deliver any and all instruments which may be necessary or advisable to carry into effect this mutual waiver and relinquishment of all such interests, rights and claims, 12. RIGHTS ON EXECUTION Immediately upon the execution of this Agreement, the rights of each party against the other, despite their continuing marital status, shall terminate and be as if they were never married, 13, LEGAL FEES If either party to this Agreement resorts to a lawsuit or other legal action to enforce the provisions of this Agreement, the successful party shall be entitled to recover his or her reasonable counsel fees, actually incurred, from the other as a part of the jUdgment entered in such legal action, whether in law, in equity or pursuant to the provisions of the Divorce Code, as the same shall be determined by the Court. 14. INCORPORATION IN FINAL DIVORCE The terms of this Agreement shall be incorporated but shall not merge in a final divorce decree between the parties. This Agreement shall survive in its entirety, resolving the spousal support, alimony, equitable distribution and other interests and rights of the parties under and pursuant to the Divorce Code of the Commonwealth of Pennsylvania, and no court asked to enforce or interpret this Agreement shall in any way change the terms of this Agreement. This Agreement may be enforced independently of any child support order, divorce decree or judgment and its terms shall take precedence over same, remaining the primary obligation of each party. Except as herein otherwise agreed, this Agreement shall remain in full force and effect regardless of any change in the marital status of the parties. 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 the parties to execute the Agreement. 15. ADDITIONAL INSTRUMENTS Each of the parties shall from time to time, at the request of the other, execute, acknowledge and deliver to the other party, any and all further instruments that may be reasonably required to give full force and effect to the provisions of this Agreement. 16, Eli1'lJl1L AUHJ.:: J.::11I;1I'l' '1'lds AgI'oomont contn I nu tho onti ro understanding of the partios, oxcopt 1'01' "op"ollontntlone which are contained in a ssparate document entitled "Hepresentations Made to Wife" which has been signod and notnl"lwd by WIFE, otherwise, this Agreement contal ne tho ont I I'U undul'lltnnd I nq of the parties and there are no other reprosontntion, wn....nlltlos, covenants or undertakings other than thoso oxp..osoly oet forth herein, HUSBAND and WIFE acknowlodgo nnd ng..oo thnt tho provisions of this Agreement with respect to tho dJotributlon nnd division of marital and separate proporty are fair, equitnble and satisfactory to them, based on the length or tholr mnrrlngo nnd other relevant factors which have been taken into cons Idornt Ion by tho parties. Both parties hereby accept tho provisions of this Agreement with respect to the diviolon of proporty In Ilou of and in full and final settlement and satlufaotlon of all olalms and demands that they may now have or he..onrto.. havo agninst the other for equitable distribution of thoil' IlI'OIJOl'ty by any court of competent jurisdiction. HUSBAND and WII'E each voluntarily nnd intelligently waive and relinquish any ..Ight to Bunk a court ordored determination and distribution of ma..ltal proporty, but nothing herein contained shall constitute a wa I VOl' by 0 I the I' party of any rights to seek the relief of any oou..t lor tho purpoeo of enforcing the provisions of this hlJI'uomunt. 1'/. I1QlJlJ:'lCA'l'lQ1LlillI> WAI VEil A mOIIlIII~I\t1on or waiver of any of the provisions of this Agreement shall be effective only if made in writing and executed with the same formality as this Agreement. The failure of either party to insist upon strict performance of the provisions of this Agreement shall not be construed as a waiver of any subsequent default of the same or similar nature. 18. VOLUNTARY EXECUTION Each party acknowledges that the Agreement is fair and equitable, that it is being entered into voluntarily, with full knowledge of the assets of both parties, and that it is not the result of any duress or undue influence. The parties acknowledge that they have been furnished with all information relating to the financial affairs of the other which has been requested by each of them, 19. DESCRIPTIVE HEADINGS The descriptive headings used herein are for convenience only, They shall have no effect whatsoever in determining the rights or obligations of the parties, 20, CONTROLLING LAW This Agreement shall be construed in accordance with the laws of the Commonwealth of Pennsylvania. IN WITNESS WHEREOF, the parties hereto have set their hands and seals this /3TA day of ;11('() , 1996, This Agreement is executed in duplicate, and in counterparts, and IlUSBAND and WIFE, as parties hereto, acknowledge the receipt of a duly executed copy hereof. WITNESSI '- /' (SEAL~/~?, (I,I )/i rl lu 'II j d~' I \ AMY HARM N - WIFE (SEAL) jj;tr~lkff~ ,\ ') I J (-{ L ( L(i(!, , r ,C'l WAYNE ALAN HARMON ( u' _l V1 L---Y'''"'\. -' HUSBAND AMY HARMON, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v, NO. i~ ,).,., ," CIVIL TERM WAYNE ALAN HARMON, Oefendant IN DIVORCE COMPLAINT IN DIVORCE COUNT I 1, Plaintiff is Amy Harmon who currently resides at 99 West Portland Street, Apt. 12, Mechanicsburg, Cumberland county, Pennsylvania, 17055, 2, Defendant is Wayne Alan Harmon who currently resides at 214 West Ridge Road, Di1lsburg, York county, Pennsylvania, 17019. 3. Both parties have been bona f ide residents of the Commonwealth of Pennsylvania for a period of more than six months immediately preceding the filing of this complaint. 4. The parties were married on the 12th day of September, 1987, in Etters, York county, Pennsylvania. 5. Neither Plaintiff nor Defendant is in the military or naval service of the United States or its allies within the provisions of the Soldiers and Sailors civil Relief Act of the Congress of 1940 and its amendments. 6. There have been no prior actions for divorce or annulment instituted by either of the parties in this or any other jurisdiction. 7. The Plaintiff has been adviscd that counseling is available and that Plaintiff may have thc right to request that the 1.. ~ j ,-'> tJ ,t' ~ J '.1 1 ~ f1 " " ;> ;) , . '~ t;: " ., j, " ~, n " .. " \ . " .... ',- I' ~ \)>: , I , ,,, , I ,. ~ . 1::'J', ,- I II:! (0- r .' (1:' " C, {!J " I, It ( ,; j ." 0;. f, , ( , , , AMY IIARMON, Plaintiff IN TilE COURT OF' COMMON PLEAS OF' CUMBERLAND COUNTY, PENNSYLVANIA v, NO. 96-2730 CIVIL TERM WA YNE ALAN IIARMON, Defendant LAW - DIVORCE AFFIDAVIT OF CONSENT 1. A complaint in divorce under section 330llc) of the Divorce Code was filed on ~Iay lli, llJ'.l6 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 after service of notice of intention to request entry of the decree, 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. ~ 4904 relating to unsworn falsification to authorities. Date: -;~!< r'!, 'f(. . " ~~~~~ WAY A IIARMON -" c:, i"- I .. 1I( I : - r ' r' " ; . 1.:1 c., liY , ) _I , '::] c...' I, l., '. I' , - ( l. . .. '" I, 1.l1! ' r': ( (,) ~ r'" ,- "1 Y, fr" , ! .. 'I' L..' I' ." ..... I' , \ .' , i 1111 " (\ fE SJ (, ) III _ , LL: I I I" "j " v, ~ \ , '-,