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HomeMy WebLinkAbout96-03387 . ~~~~~-~~~~~.~.~*~~~.~~-}~:.~;:~~.*~~~~ ~,- - ,~.._-'------ ----,~~---, 8 ~ 8 : IN THE COURT OF COMMON PLEAS : 8 OF CUMBERLAND COUNTY ~ 8 $ 8 ~ 8 STATE OF PENNA, ~ " ~ ~ ~ $ ~ .-; 8 ~ ~ ~ 8 . ~ ~ ~ . 8 $ ",' ~ ~ : n Y T hUe C 1)):" t. .ole,. A,. I~ 8 Attest: ";':','U'J~" [J I<G~'~ /j'!c-i/"'J,:;;- :~ ~ '~!rJ(I!" /' ..~..'C~. YJp4 :~ . ?I (lfotli6nolary I . I' . )~ ~ ...-;',M.-:;'; .*- 'lIO:' .:c.1i-:w.:,::;:::*~'::.:.",:+:~-::.:-' ,:.;. .:.:' .:.;, ':.:' ,:.;. .:.;, ':.:' .:.:' ',:+:, ':0;' .:.;, ':.:' .:.:. .:.;. .:.;, .:.f $ 8 8 ,;, 0:> SCOTT A. SWAVOLA Plaintiff i\: (). ...., 96"..3387.. ....,.",. II) 96 8 V(,I':;(I:; ~ '.' CHRISTINA G. SWAVOLA 8 8 Defendant DECREE IN DIVORCE AND NOW, .. ..oc:t...L ~ r: .. .'1.... ..., 19."., it is ordered and decreed that ... ~~!l:r:r. ~... ~!"I'Y!l~~.. . .. . .. .. . .. . . . .. .. . . .. .. . . ", plaintiff, and. . . . . . . . . . . . .GIIIUS'Util\ .G. .SWI\YQIA. .. . . . . . . . . , . . . , . . .. , . . ., defendant, are divorced from the bonds of matrimony, The court retains jurisdiction of the following claims which have been raised of record in this action for which a final order has not yet been entered: None ............ ............... ....... .... ........... ,.......... .... to ......... $ ~ .' ~ 8 8 8 8 ~ I~ ,;, 0:> 8 $ 8 $ ..:i ~ ~ ,;, ~ ~ 0:> ~ ,;, 0:> ~ '.' ~ ~ ',' ~ .. ~ Page 3 prosecuting any action or actions for divorce, whether absolute or other wise, upon just, legal and proper ground, nor to prevent either party from defending any such action which as been, mayor shall be instituted by the other party, or from making any just or proper 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 waive any and all possible claims that this Agreement is, for any reason, illegal, or unenforceable in whole or in part, Husband and Wife do each 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. The parties acknowledge that a Divorce action has been filed in the Court of Common Pleas of Cumberland County, Pennsylvania at 96-3387, The parties agree that they shall execute Affidavits of Consent within one week after the mandatory ninety (90) days have passed since the filing of the aforementioned Divorce. 2.2 It is further specifically understood and agreed that the provisions of this agreement relating to the equitable distribution of property of the parties are accepted by each party as a final settlement for all purposes whatsoever, Should either of the parties obtain a decree, judgment or order of separation or divorce in any other state, country, or jurisdiction, each of the parties to this Agreement hereby consents and agrees that this Agreement and all its covenants shall not be affected in any way by any such separation and divorce, and that nothing in any such decree, judgment, order or further modification or revision thereof shall alter, amend or vary any term of this Agreement, whether or not either or both of the parties should remarry, it being understood by and between the parties that this Agreement shall survive and shall not be merged into any decree, judgment or order of divorce or separation, 2,3 It is specifically agreed that a copy of this Agreement may be incorporated by reference into any divorce, judgment or decree if or whenever sought by either of the parties hereto, Such incorporation, however, shall not be regarded as a merger, it being the intent of the parties to permit this Agreement to survive any such judgment or decree Page 4 ARTICLE III EOUlTABLE DISTRIBUTION OF MARITAL PROPERTY 3.1 The parties have allempted to divide their marital property in a manner which conforms to the criteria set forth in Section 401 of the Pennsylvania Divorce Code and taking into account the following considerations: the length of the marriage, the prior marriages of the parties, the age, health, station, amount and sources of income, vocational skill, employability, estate, liabilities, and needs for each of the parties, the contribution of one party to education, training or increased earning power to the other party, 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 benefits, the contribution or dissipation of each party in that acquisition, preservation, depreciation, or appreciation of marital property, including the contribution ofa party as a homemaker, the value of the property set apart to each party, the standard of living of the parties established during their marriage, the economic circumstances of each party, including federal, state and local tax ramifications. at the time of the division of the property is to become effective, 3.2 The division of existing marital property is not intended by the parties to constitute in any way a sale or exchange of assets, The division of property under this Agreement shall be in full satisfaction of all rights of equitable distribution of the parties, 3.3 Tamzible Personal Prooertv. Husband and Wife acknowledge that they have divided their personal property to their mutual satisfaction, Therefore, Husband waives all right, title and interest in all personal property currently in the possession of Wife, Wife waives all right, title and interest in all personal property currently in the possession of Husband, 3.4 Automobiles, Husband agrees to transfer all right, title and interest in the 1994 Oeo Tracker automobile to Wife, Wife agrees to transfer all right, title and interest in the 1984 Ford Ranger truck to Husband, Page 7 The parties acknowledge and accept that this Agreement is, in the circumstances, fair and equitable, that it is being entered into Ireely and voluntarily, after having received such advice and with such knowledge that execution of this Agreement is not the result of any duress or undue influence and that it is not the result of any collusion or improper or illegal agreement or agreements, 8,1 Counsel Fees, The parties agree to be responsible for their respective costs and attorneys fees associated with this action, 8.3 Mutual Release Husband and Wife each do hereby mutually remise, release, quitclaim and forever discharge the other and the estate of su~h other, for all times to come and for all purposes whatsoever, of and from any and all rights, title and interest, 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, or whaiever nature and wheresoever situate, which her or she now has or at any time hereafter against such other, the estate of such other, or any part thereof, whether arising out of any former acts, contacts, engagements, or liabilities of such other as by way of dower or curtesy, or claims in the nature of dower or curtesy or widow's or widower's rights, family exemption, or similar allowance, or under the interstate laws, or the right to take against the spouse's estate, whether arising under the laws of (a) Pennsylvania, (b) any state, commonwealth or territory of the United States, or (c) any country, or any rights which either party may have or at any time hereafter have for past, present, or future support or maintenance, alimony, alimony pendente lite, counsel fees, costs or expp.nses, 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 Agreement or for the breach of any thereof. It is the intention of Husband and Wife to give each other by execution of this Agreement a full, complete and general release with respect to any and all property of any kind or nature, real or personal, not 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. Page 8 8.4 Relllase ofTestamentarv Claims Except as provided for in this Agreement, each of the pllflics hereto shall have the rights to dispose of his or her property by Last Will and Testament, or otherwise, and each of them agrees that the estate of the other, whether real, personal or mixed, shall be and belong to the person or persons who would have become entitled hereto as if the decedent had been the last to die This provision is intended to constitute a mutual waiver by the parties of any rights to take against each other's last Wills under the present or tillure laws of any jurisdiction whatsoever and is intended to confer third party beneficiary rights upon the other heirs and beneficiaries of each other party hereto, Either party may, however, make such provisiuns for the other as he or she may desire in and by his or her Last Will and Testament. Each of the parties further covenants and agrees that he or she will permit any Will of the other to be probated and allow administration upon his or her personal, real or mixed estate and effects to be taken out by the person or persons who would have been entitled to do so had Husband or Wife died during the lifetime of the other and that neither Husband nor Wife will claim against or contest the Will and the estate of the other, Each of the parties hereby releases, relinquishes and waives any and all rights to act as executor or executrix or administrator or administratrix of the other party's estate, Each of the parties hereto further covenants and agrees for himself and herself and his or her heirs, executors, administrators and assigns, that he or she will never at any time hereafter sue the other pllfly or his or her heirs, executors, administrators, or assigns, for the purpose of enforcing any of the rights relinquished under this Paragraph. 8.5 Warranties Each party represents that they have not heretofore incurred or contracted for any debt or liability or obligations for which the estate of the other party may be responsible or liable, except as may be provided for in this Agreement, Each party agrees to indemnity or hold the other party harmless form and against any and all such debts, liabilities or obligations of each of them, including those for necessities, except for the obligations arising out of this Agreement. Husband and Wife each warrant, covenants, represent and agree that each will, now at all times hereafter, ave harmless and keep the other indemnified from all debts, charges, and liabilities incurred by the other after the execution date of this Agreement, except as is otherwise specifically provided for by the terms of this Agreement and that neither of them hereafter incur any liability whatsoever for which the estate of the other may be liable, . - L'~ I (', IU!: (,_'I. fi.,: ~. .' C;/ -, ,::" J ~, 0.1 L' .t r ... , I ...., .' , Ci , , , , ;" r:,:' '.~,J >- "T ~7':. HJ~- U', U:~ I. " o 6: UJ' i!1 ,. (' rJ --, ;~ V, \.0 \~ K ' ':::: ':'1 :>- ~ ~ l.c. I '. ::>.,. b \~ '~)Z ..) ,;:::) t)o "" O~~ ~ r<) ~~S2 ~ l) ... ,. :..~ '-::::l ('\0 .J,,_ ..-... r-.. ihLb tqo.. \~ " :5 " ~, 'I ~ ~ '.....-.,'\ , U V ''---..J - . . . . '.- C") il" "-.. , _'I Il'. L)" tC-, ,.-. .., ~;,' ,", , (,'.1 iII' ,. :1 J li:'.' I. i " : ';'-i ,.. , '~ '-) '- " , ~.. 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