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HomeMy WebLinkAbout96-03417 J ~ c ' c ! d i ( i l, I q) I t I C;::::C! i 1 ! ~I }I ~ f: ' i d \'0 '<;, l.:l:o~~ ".... ~ J c- - :r (Y) .".....,/C /-" 1I.(A,f~ItMAI1~ II. IIIt,4u It ,41AI'M N () . q (,- 3 '1/ 7 C,'v ; I /9 ., ~ C lJ,\18e~lMJD CO, C'OM0.4c)l-J PWAS MARITAL PROPERTY SETTLEMENT AGREEMENT THIS AGREEMENT, by (hereinafter referred to hereinafter referred to as and between as "Husband") "Wife"). ANDREW A. and ADINA ARMERMANN ARMERMANN WITNESSETH I WHEREAS, Husband and Wife were lawfully married on January 26, 1989 at Linglestown, Dauphin County, Pennsylvania, and WHEREAS, Husband and Wife do not have any children either separately or together, and WHEREAS, differences have arisen between Husbanu and Wife and they have mutually decided to live separate and apart from each other since November 2, 1995, and WHEREAS, Husband and Wife are currently pursuing a divorce action in the Court of Common Pleas of Cumberland County, Pennsylvania, docketed at No.96-34l7, and WHEREAS, Husband and Wife desire to settle and determine their rights and obligations and to incorporate this in their decree of divorce; and WHEREAS, Husband and Wife have amicably discussed and mutually agreed upon how their rights and obligations are to be divided and resolved, and WHEREAS, Husband and Wife desire to reduce and memorialize said agreements to writing; and NOW, WHEREFORE, the parties intending to be legally bound hereby do covenant and agree as follows; 1. DIVISION OF PERSONAL PROPERTY AND DEBTS The Parties have agreed to divide between them and already have divided between them to their mutual satisfaction the personal property and debts which heretofore have been used by them in common. The specific division of personal property is set forth in the attached Separation Agreement ( hereinafter referred to as "Separation Agreement") which was executed by the Parties on March 25, 1996. The Separation Agreement is hereby incorporated by reference as if fully set forth herewith. Each Party shall retain as his or her separate property any items of personal property of any nature now in his or her respective possession in acordance with the Seperation Agreement. 2. AFTER-ACQUIRED PROPERTY Each of the parties shall hereafter own and enjoy, independently of any claim or right of the other, all items of property, be they real, personal, mixed, tangible or intangible, which were acquired by him or her after execution of the above refarenced separation Agreement with full power in him or her to dispose of the same as fully and effectively, in all respects and for all purposes. 3. AFTER-ACQUIRED DEBTS Wife represents and warrants to Husband that after the Separation Agreement, she has not incurred any debt or liability for which Husband or his estate or assigns might be responsible and shall indemnify and save harmless Husband from any and all claims or demands made against him by reason of debts or obligations incurred by her. Husband represents and warrants to Wife that after the Separation Agreement, he has not incurred any debt or liability for which Wife or her estate or assigns might be responsible and shall indemnify and save harmless Wife from any and all claims or demands made against her by reason of debts or obligations incurred by him. 4. RETIREMENT/PENSION PLANS The Parties have agreed to retain, keep, and maintain each of their respective retirement plans and or any and all proceeds thereof in their sole respective custody, care, and control. Each disavows any right title or interest, now and forever, in the retirement benefits of the other. 5. ALIMONY/SPOUSAL SUPPORT CLAIMS The Parties hereby agree that Husband will pay the amount of $ 450.00 per Month to Wife for 12 consecutive months commencing when tho divorce action that is pending in the Cumberland county Court of Common Pleas becomes final. Husband has been paying $ 450.00 per month to Wife since the time of seperation. The 12 payments which will follow tho entry of the final divorce decree will be made pursuant to the same custom and practice that is currently being utilized by the Parties. This agreement was entered into by the Parties in order to settle any and all alimony/spousal support claims. In the event of a breach by Husband, Wife does not waive any legal rights or remedies which are available. The right to these 12 payments will become part of the divorce deree and the enforcement of all payments will be subject to the juriSdiction of the Cumberland county Court of Common Pleas. 6. MEDICAL COVERAGE The Parties hereby agree to each be responsible for their own health care and medical insurance coverage. 7. CONTINUED COOPERATION The partles agree that they will execute any and all written instruments, car title, release, or other such writings and agree to take any other reasonable actions that may be necessary or desirable for the proper effectuat.ion of the terms of this agreement. 8 . 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, and the Party breaching this contract shall be responsible for the payment of legal fees and costs incurred by the other in enforcing their rights under this agreement or for seeking such other remedies or relief as may be available to him or her. 9. VOLUNTARY AGREEMENT The provisions of this agreement are fully understood by both parties and each party acknowledges that the agreement is fair and equitable, that it is being entered into voluntarily, and that it is not the result of any duress or undue influence. 10. WAIVE OF CLAIMS AGAINST ESTATES Except as herein otherwise provided, each party may dispose of his or her property as they may wish, 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 the marital relationship, including without limitation, dower, curtesy, statutory allowance, widows allowance, right to take in intestacy, right to take against the will of the other and the right to act as administrator or executor of the other's estate. 11. BINDING AFFECT This agreement shall be binding upon the parties' heirs, successors, and assigns. 12. MODIFICATION AND WAIVER Any modification or waiver of any of the provisions of this agreement shall be effective only if made in writing and executed with the same formalities 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 or any subsequent default of the same or similar nature. 13. EFFECT OF SUBSEQUENT DIVORCE DECREE This agreement shall continue in full force and effect in the event that a divorce decree is entered with respect to the parties. , . From: ABH 2 Andrew A. Armermann, USN, 195-56-5025 25 Mar 96 Subject: Seperation Agreement To: Commanding Officer, U.S. Naval Support Activity, Naples, Italy 1. The fOllowing are the terms of seperation that Andrew A. Armermann and Adina M. Armermann have agreed upon. 2. We would like our official date of seperation to be recorded as 02 NOV 95. J. The fOllowing is e list of debts that will be divided as sp<<I t:i ad. Andrew.,agre~s to accept responsibility for and payment of the toUoid i-ig debts: ACCOUNT MONTIILl( PAl(MENT BALANCE: 1) NEX Credit Card 2) Blazer (personal loan) $95.00 60.00 $2,000.00 720.00 Adina agrees to accept responsibility for and payment of the fOllowing debts: ACCOUNT 1) NEX Credit Card MONTHLl( PAl(MENT BALANCE: $125.00 $2,200.00 4. The following accounts will be paid upon in ths sum of 50\ ot tho monthly amounts due by both parties until balnce is paid. 1) MCI Residential Account: balance: $405.00, $50.00 each until paid in full. 2) VISA Credit Card Account: approximate balance: $800.00. Adina accepts responsibility for $600.00 of the account balanco, Andrew accepts responsibility for the remainder of the account balance. S. Adina will not be held responsible for charges made on the MCI or VISA account after her date of seperation. 6. In addition to the above agreements, Andrew will send Adina the sum of $450.00 per mo~th by way of allotmnet as support. Thi~ is a seperate agreement between Andrew and Adina, and should not be considered alimony, which will be decided on upon finalization of divorce. .,.."Upon relocation to the barracks, Andrew willli.- take with him the following items: 1) Sony T.V. and VCR '2)':50ny Stereo system J) Super Nintendo and gameo " f-V\\\)(\ (\((11(( rnO.on iJl(LIf'\ \ I_I IN TilE COLJIl'I' Of' COMMON P[,EM; CUMllE[ll,AND COUNTY. PF.NNSY[,VANIA VS. n(x\(~w A ^(nl(((l\.o.Cf) \)f'~ t'1)C\n.f)-\ CIVIl. DIVISION NO. C\l" ' J} \ 1l CIVIL TERM ,ClCJlc PRAECIPE 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 53301(c) 3301(dlll) of the Divorce Code. (Strike out inapplicable Gection). 2. Date and manner of service of the complaint: (-\Cc..(~Q,1)c..L _u\ '~{V\( e ~\.\(\fXd D\..\' 1\fX.\(~W ^ Arm(/(Y.l(lfTl on 1\\lQ.\.l:rL,~fNto 3. Complete either paragraph (a) or (bl. (a) Date of execution of the affidavit ot consent required hy 53301(c) of the Divorce Code: hy plaintiff -~\.Y':A. 2l..J,l<jCfl__ by defendant _ \\:~\~..\\ (tl,_,_{{() (b)(l) Date of execution of the affidavit required by : (2) Date of filinU S3301(d) of the Divorce Code: nnd service of the plaintiff's affidavit upon the respondent: 4. Related cl.aims pending: j\.\c,ne nl~ \ \ l.d ')Q II ItIllS.i)~ AcV th'Ylhl1 ..L2....:l~) \)e. TncC\(()(\rc\":\l(\ ,tdt ()OL ("C)e.(~crl \(,lhJi. (""'C,W. r\({(U 5. Complete either (al o:c (bl. (a) Date and manner of service of the notice of intention to file praecipe to transmit record, a copy of which is attached: filed (b) Dnte plaintiff's Waiver of Notice in with the Prothonotary: (flC'\Ij::'\ d.~, ,\1:\(\1 Date defendant's Wnlvnp nr Notice in 53301(cl Divcrce was Divorce was filed with the Prothonotary: >- r" ?'; ,,- .~ ...:; ~5 .1~ U ,5--) '" 1 ( l~' . ) f'" , '.- ,- <:/ , , C.,: '. ~-, " W" {',.. , itl,., C" ;1 ~j ::_\ i ...: l ~4 ,..- :-:j 0 <I' () ADINA ARMERMA1~N, I IN THE COURT OF COMMON PLEAS . OF CUMBERLAND COUNTY, . Plaintiff I PEtJHSYLVANIA I v.. I CIVIL ACTION - LAW ANDREW A. ARHERMANN I NO.Qt.-3AtO CIVIL 1996 , I IH DIVORCE Defendant I HOTICE TO DEFEND AND CLAIM RIGHTS You have been sued in court. If you wish to defend against the claims set forth in the foregoing pages, you must take prompt action. You are warned that if you fail to do so, the case may proceed without you and a decree in divorce or annulment may be entered against you by the court. A judgment may also be entered against you for any other claim or relief requested in these papers by the plaintiff. You may lose money or property or other rights important to you, including custody or visitation of your children. When the ground for the divorce is indignities or irretrievable breakdown of the marriage, you may request marriage counseling. A list of marriage counselors is available in the Office of the Prothonotary atl Office of the Prothonotary Cumberland County Court House Carlisle, Pennsylvania 17013 IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY, LAWYER'S FEES OR EXPENSES BEFORE A DIVORCE OR ANNUL~mNT IS GRANTED, YOU MAY LOSE THE RIGHT TO CLAIM ANY OF THEM. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. IN THE COMMON PLE~S COURT OF CUMBERLAND COUNTY, PENNBYLVANI~ ADINA ~RHERMANN I CIVIL ACTION - LAW PLAINTIFF I I V. I ANDREW ~. ARHERMANN I DEFENDANT I IN DIVORCE COMPLAINT UNDER SECTION 3301(C) OF THE DIVORCE CODE AND NOW, comes the above-named Plaintiff, ADINA ARMERMANN by and through her attorney, CHRIS L. KORN, Esquire, and seeks to obtain a Decree in Divorce from the above-named Defendant, ANDREW A. ARMERMANN, upon the grounds horeinafter set forth: 1. Plaintiff is ADINA ARMERMANN, an adult individual who currently resides at 4716 Delbrook Road, Mechanicsburg, Cumberland County, Pennsylvania since 1981. 2. Defendant is ANDREW A. ARMERMANN, an adult individual who currently is stationed with the United States Navy at NSA Naples, Italy PSC 817, Box 12, FPO AE 09622-0012, but resides and maintains his domicile at 2311 North Front Street, Apartment 110, Harrisburg, Dauphin County, Pennsylvania 17110 since May 1995. 3. Plaintiff and defendant have been bona fide residents of the Commonwealth of Pennsylvania for a period of more than six (6) months immediately preceding the filing of this Complaint. 4. The plaintiff and the defendant were married on January 26, 1989, in Linglestown, Dauphin County, Pennsylvania. -.J 'f,: (', & .:- ('. "- r'o C"..J 1,"- ':r UJ;... ~ ~'" ...... 'Q () '. [t...L- '- .,i: l:'-. ~ ~r ,'.J -l.n .... ~... ....... J.lt-. '1') I"") . rr- ~ . ~ ..... .',; ~ ~ c. .' ';;0 I': ::;-J -J.::\.. - ..:J.. ':J/ q. ,0 j ~ d. u 0' u I::) >- r-- '- iF I,. ',' i~ UI(~ C'~ (.J~' --~~-' - l..,. \ ~.. .. ! ;:-> Ot.-. , ' '!:l C.)! ,.....: u: rt~: C! -.J~.~ r-~ ""'" u. r- :".j u Ci~ U IN TilE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA I\[n:NA m, AilfYJ2f1IY1"''''l\1 I Plaintiff I I I I I I V. CIVIL ACTION - LAW IN DIVORCE A"!.ORc.LV Il. 1l4r}')e.R "'~j\J"1 Defendant NO. q(p - 3411 WAIVER OF NOTICE OF INTENTION TO REOUEST ENTRY OF A DIVORCE DECREE UNDER .5]301l'c) OF TilE DIVORCE CODE 1. I consent to the entry of a final decree of divorce without notice. 2. 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 divorco is granted. 3, I understand that I will not be divorced until a divorce decree is entered by the Court and that a copy of the decre~ will be sent to we immediately after it is filed with the Prothonotary, I verify that the statements made i~ this affidavit are true and correct. I understand that falae stateme~ts herein are made subject to the penalties of 18 Pa. c.e. 54904 relating to unsworn falsification to authorities. . /' Date( A\.Xlll~l::, ~lD, Iqcn ..J (lL~U 'l', k\ Gu \\~ lllO ",_ 1'11\ '. \\ \ ~ " ~~YaI"""'.oU'o'D.lQ. >-, r- i::; <.!"' .~ ,-, (~:J , 1 l1'(; '.~ ::> 0" G.~.~ ,'- " u-: : ~ I.:". U', :( '.0 0' u.',I. ,...: .., r.1 " u:l! , ," \ .u \I. r- 0 (,:' U ,. IN TilE COURT OF COMMON PLEl\S OF CUMBERLAND COUNTY, PENNSYLVl\NIl\ BDr~ m A Rf're:RmAt-!1,\ I Plaintiff \ I I I I I I V. CIVIL ACTION - LAW IN DIVORCE ( \,' l\~lJRE:\.U 1\ A~mE~Il1t\I-.\I\.\ , Defendant ~--_..~ NO . t ~ to -::,4~1 ) "- ~_.-_._.-. AFFIDAVIT OF CONSENT 1. A complaint in divorco under section JJ01(c) of the Divorce Code was filed on' ~un~ 11', '~9"'" ' .~ 2. The marriage of the Plaintiff and Defendant is irretrievably broken and more than ninety (90) days have elapsed from the date of the filing of the Complaint in Divorce. J. I consent to the entry of a final decree in divorce without notice. 4. I understand that I may lose rights concerning alimony, division of property, lawyer's fees o~ expenses if I do not claim them before a divorce iR griinted. 5. I understand that the costs ~f. these proceedings will be paid for by Plaintiff. 6. I understand that I will not be divorced until a divorce decree is entered by the Court and that a copy of the decree will be sent to me immediately after it is filed with the Prothonotary. I verify that the statements ~ade in this affidavit are true and correct. I understand that fal3e statements herein are made subject to the penalties of 18 P~. C. S. Section 490~lrelating to unsworn falsification to authorities. ' , Date( IhJq~t ~1.t>1 \<\cn01 tli,'. JC~.JI.'l.lih,iJLlll: IIf) 1)('\""\('\\ ,/ ""'~rTaltD,""",~n. >- ,-. ...... c; l. ~ ('J "-, 1\1(.,) '. c.~l.: r-~'I J.r '1,c < ' .[) @~.- \.,; b:l ~> , , i ~ " .... .:=) U 01 V ~ r- ~ .? >c- i~ >. . 0 l-~_ \ - . .. I 0'-, Fe .- _\:;.. L:_o - " <f;: :> r -,', (....1 I ::1',' , . It. -' c" I,. 1 '.'1._ i ~ ..... u- r- ;, c <:'" U . APIM4 ARMCRMANt.J 'PlAINtIff IN 111E calif!' OF' CCMMeX'l FLEAS OF' CUMBERLAND COUNTY, PENNSYLVANIA NO. ~~ -3'117 CIVIL 19c16 vs. ANDUIlJ A. AlMER~NN "Dlfc"dAnt PRAECIPE TO TRANSMIT RECORD To the Prothonotary: Transmit the record, together with the following information, to the "ourt for ent.ry of a divorce decree: 1. Grounds for divorce: irretrievable breakdown under Section 3301 (c) !- (Strike out inapplicable section) 2. Date and J1\']nner of service of the canplaint: Att~"A/oJCt!. of: SERVICE' SltS/JIP By AIJPtl'lIJ A. A~MENMANN ON Au,l.u'" 2: M". 3. Canplete either Paragraph A. or B. A. Date of execution of the affidavit of consent required by Section 3301 (c) of the Divorce Code: by the plaintiff Ap~/L 10/ 1'1'17 by the defendant --A Dill &. 2.. I it it 7 , ... B. (1) Date of execution of the plaintiff's affidavit requJred by Section 3301 (d) of the Divorce Code: (2) Date of service of the plaintiff's affidavit upon the defendant: 4. Related claims pending: NONE. MARITAL SE"'''LEME,J-r AG/lE.NI!/.J-r :tS "'0 8<< :rfoJCollPoIlAfED (fur 1Jt:1T NEfltiEP IIJ THE . OII101l/JE DE~I'- 5. Indicate date and manner of service of the notice of intention to file praecipe to transmit record, and attach a copy of said notice under Section {c) . LJ 3301 (8)(1)(:) of the Divorce Code WAIII~/!. of Nohce. e,,~C"'T't: b~ P/4itl+iFF Apll.ll. 10! IQQ7. WAIl/tit (J F lJol-itE ex~(.uI-~" b'f 'DtFc.-.dAtW- April 2, IQll? a/~ Attorney for Plaintiff, . t (7/7) ~VI- '11/()O IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ADINA ARMERMANN CIVIL ACTION - LAW PLAINTIFF I . . V. I . . ANDREW A. ARMERMANN No. 96-3417 civil 1996 DEFENDANT . IN DIVORCE . PRAECIPE TO WITHDRAW THE PRAECIPE TO TRANSMIT RECORD TO THE PROTHONOTARY: Kindly withdraw the praecipe to Transmit Record sent out April 30, 1997. A copy of the praecipe to be withdrawn is attached for identification. R.'p.,t'u"y s~ CL/S ~. CHRIS L. KORN Attorney for Plaintiff PA 10 65714 3540 N. Progress Ave. suite 209 Harrisburg, PA 17110 (717) 541-4400 APINA ARM(RMANN 1'IAIN'hFf. ( v~,~~'\ ~~'U~ ~ ARMER~NtJ "DefendAnt IN '111E <-UIIIT lW ClHkX,j l'l.I':J\B or C:J.1UEIlLANIJ UJlINTY, IIENNBVloVi\N!^ NO. ~"-31/17 CIVil, 19 q" PRAECIPE TO TRANSMIT REconu To the Prothonotary: (\~~'\ Traoe,uit th.. record, tOlletlt\\;t ttloJ \tllowing ill fOXlIIlllloll, for entry of a divorce decree: litE top; tu the "ourt L Grounds [or divorce I irretrievable b.'cakdowlI ulltle.' UUVUUII JJUl (c) -- , . (Strike ouL Jllllpp.1ivll't\" uecllllll) 2. DaLe and manner of service of Lhe CllllpluillLI -_.At.t~,PfA"',~~_J!': SERIIICE .s/~/JIP 8)' ANDIUIV A. AltM6RMANN Q&-A.lJ1,1U!t..l, J9f~. 3. Couplete either Paragraph A. or D. A. Date of execution of the affidavit of cOlluulI1 J'''tl\lJrlld by nucHolI 3301 (c) of the Divorce Code: by the plaintiff -A/lJ!/.1,-'f4_1t.'1.7 by the defendant --A Oil'" 2. , I q" 7 , . B. (1) Date of execution of the plailltiff'D llCfJlInvil. Itlq\lJ.rcd by . Section 3301 (d) of the Divorce Code: (2) Date of service of the plainllff'o llrrillllVll \11.111 lhe defendant: 4. Related claims pending: NONE. MAAIT~6NI.'-MI1}J"" AGJtI.NI/AJ.,. ::ts To SE :rNCOI'lPoIlAfED l1ur 1JfTT' ""tfR4I1P~_'T1H_.~1lC1! peell''- . 5. Indicate date and manlier of ecrvJcQ or tho lIolleo IJr illLellUolI to file praecipe to transmit record, alld attach a copy of Duill 1I0UCD ulldur Section ~) . I 3301 (a)(.1)( ~) of the Divorce Code w.~,V~~ "r-.I!J.t)'h~t!. e>t,'Cu.kCl. PIAit1fiFf Apll.'l. lo.llqQ7.__WA/1I(f!.~_,~ol;(~,&'ukd V.f.~d..f Apri/2,/997. a 7~ by by ^,:lonll.'Y I01' PlilJlllirr, t (7/7) fY/-'1'1()O '>- ,... r- a; N ~- .~.. .. ~1 _ ~"; - jj~ -, () - t.):"l~ ~, 0: :.1 ::j ~ U) ,~(,:; u, I "ol'_~ a:U1 >- 1).2 '!.lIU r..: "'" lnu.. X ..;;: 13 ,... ::> en u . ,,- ..... , I/,(M~It""III1H V. 1J1t~'''''t,qI1''' No. q~ - 3'//7 e,'",,', 19~(, CIlj!g~~LA".!t /1 /" (..D. t..hIf~ PIC\4.r MARITAL PROPERTY SETTLEMENT AGREEMENT THIS AGREEMENT, by (hereinafter referred to hereinaftor referred to as and between as "Husband") "Wife") . ANDREW A. and ADINA ARMERMANN ARMERMANN WITNESSETH I WHEREAS, Husband and Wife were lawfully married on January 26, 1989 at I,inglestown, Dauphin County, Pennsylvania, and WHEREAS, Husband and Wife do not have any children either separately or together, and WHEREAS, differences have arisen between Husbanu and Wife and they have mutually decided to live separate and apart from each other since November 2, 1995, and WHEREAS, Husband and Wife are currently pursuing a divorce action in the Court of Common Pleas of Cumberland County, Pennsylvania, docketed at No.96-34l7, and WHEREAS, Husband and Wife desire to settle and determine their rights and obligations and to incorporate this in their decree of divorce; and WHEREAS, Husband and Wife have amicably discussed and mutually agreed upon how their rights and obligations are to be divided and resolved, and WHEREAS, Husband and Wife desire to reduce and memorialize said agreements to writing; and NOW, WHEREFORE, the parties intending to be legally bound hereby do covenant and agree as follows; 1. DIVISION OF PERSONAL PROPERTY AND DEBTS The Parties have agreed to divide between them and already have divided between them to their mutual satisfaction the personal property and debts which heretofore have been used by them in common. The specific division of personal property is set forth in the attached Separation Agreement ( hereinafter referred to as "Separation Agreement") which was executed by the Parties on March 25, 1996. The Separation Agreement is hereby incorporated by reference as if fully set forth herewith. Each Party shall retain, as his or her separate property any items of personal propertyof' any nature now in his or her respective possession in 'Ilcordance with the Seperation Agreement. ,'1 , , ) .il 'I 2. AFTER-ACQUIRED PROPERTY Each of the parties shall hereafter own and enjoy, independently of any claim or right of the other, all items of pr.operty, be they real, personal, mixed, tangible or intangible, which were acquired by him or her after execution of the above referenced Separation Agreement with full power in him or her to dispose of the same as fully and effectively, in all respects and for all purposes. 3. AFTER-ACQUIRED DEBTS Wife represents and warrants to Husband that after the Separation Agreement, she has not incurred any debt or liability for which Husband or his estate or assigns might be responsible and shall indemnify and save harmless Husband from any and all claims or demands made against him by reason of debts or obligations incurred by her. Husband represents and warrants to Wife that after the separation Agreement, he has not incurred any debt or liability for which Wife or her estate or assigns might be responsible and shall indemnify and save harmless Wife from any and all claims or demands made against her by reason of debts or obligations incurred by him. 4. RETIREMENT/PENSION PLANS The Parties have agreed to retain, keep, and maintain each of their respective retirement plans and or any and all proceeds thereof in their sole respective custody, care, and control. Each disavows any right title or interest, now and forever, in the retirement benefits of the other. 5. A~IMONY/SPOUSAL SUPPORT CLAIMS The Parties hereby agree that Husband will pay the amount of $ 450.00 per month to Wife for 12 consecutive months commencing when the divorce action that is pending in the Cumberland County Court of Common Pleas becomes final. Husband has been paying $ 450.00 per month to Wife since the time of seperation. The 12 payments ~lhich will folloll tho entry of the final divorce decree will be made pursuant to the same custom and practice that is currently being utilized by the Parties. This agreement was entered into by the Parties in order to settle any and all alimony/spousal support claims. In the event of a breach by Husband, Wife does not waive any legal rights or remedies which are available. The right to these 12 payments will become part of the divorce deree and the enforcement of all payments will be subject to the jurisdiction of the Cumberland County Court of Common Pleas. 6. MEDICAL COVERAGE The Parties hereby agree to each be responsible for their own health care and medical insurance coverage. 7. CONTINUED COOPERATION The Parties agree that they will execute any and all written instruments, car title, release, or other such writings and agree to take any other reasonable actions that may be necessary or desirable for the proper effectuation of the terms of this agreement. 8 . 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, and the Party breaching this contract shall be responsible for the payment of legal fees and costs incurred by the other in enforcing their rights under this agreement or for seeking such other remedies or relief as may be available to him or her. 9. VOLUNTARY AGREEMENT The provisions of this agreement are fully understood by both parties and each party acknowledge~ that the agreement is fair and equitable, that it is being entered into voluntarily, anrt that it is not the result of any duress or undue influence. 10. WAXVE OF CLAIMS AGAINST ESTATES Except as herein otherwise provided, each party may dispose of his or her property as they may wish, 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 the marital relationship, including without limitation, dower, curtesy, statutory allowance, widows allowance, right to take in intestacy, right to take against the will of the other and the right to act as administrator or executor of the other's estate. 11. BINDING AFFECT This agreement shall be binding upon the parties' heirs, successors, and assigns. 12. MODIFICATION AND WAIVER Any modification or waiver of any of the provisions of this agreement shall be effective only if made in writing and executed with the same formalities 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 or any subsequent default of the same or similar nature. 13. EFFECT OF SUBSEQUENT DIVORCE DECREE This agreement shall continue in full force and effect in the event that a divorce decree is entered with respect to the parties. .. From: ASH 2 Andrew A. Armermann, USN, 195-56-5025 25 Mar 96 To: Commanding Officer, U.S. Naval Support Activity, Naples, Italy Subject: Seperation Agreement 1. The following are the terms of seperation that Andrew A. Armermann and Adina M. Armermann have agreed upon. 2. We would like our official date of sepera~ion to ~e recorded as 02 NOV 95. J. The fOllowing is a list of debts that will be divided aa a~'fied. Andrew,agr~~s to accept responsibility for and payment of the following debts: ACCOUNT MONTHLY PAYMENT BALANCE 1) NEX Credit Card 2) Blazer (personal loan) $95.00 60.00 $2,000.00 720.00 Adina agrees to accept responsibility for and payment of the fOllowing debts: ACCOUNT 1) NEX Credit Card MONTHLY PAYMENT BALANCE $125.00 $2,200.00 4. The following accounts will be paid upon in th~ sum of 50\ of the monthly amounts due by both parties until balnce is paid. 1) MCI Residential Account: balance: $405.00. $50.00 each until paid in full. 2) VISA Credit Card Account: approximate balance: $800.00. Adina accepts responsibility for $600.00 of the account balance, Andrew accepts responsibility for the remainder of the account balance. 5. Adina will not be held responsible for charges made on the MCI or VISA account after her date of seperation. 6. In addition to the above agreements, Andrew will send Adina the sum of $450.00 per moryth by way of allotmnet aa support. This is a seperate agreement betweer. Andrew and Adina, and should not be consi~ered alimony, which will be decided on upon finalization of divorce. ~,',Upen relocation to the barracks, Andrew willthake with him the following items: 1) Sony T.V. and VCR 2)~Sony Sterie system 3) Super Nintendo and gameo I' ~ ' ,~ fJ I. IJ1 ~ IlI"M n n v' IJ 1t/ot~ItMAI1I1 No, q~-3Lf/7 C;II: I tUt4 belt/,..fAl (!O, MARITAL PROPERTY SETTLEMENT AGREEMENT CO Ai"'a>-t Iqq(p ~/eA~, THIS AGREEMENT, by (hereinafter referred to hereinafter referred to as and between as "Husband") "Wife") . ANDREW A. and ADINA ARMERMANN ARMERMANN WITNESSETH I WHEREAS, Husband and Wife were lawfully married on January 26, 1989 at Linglestown, Dauphin County, Pennsylvania, and WHEREAS, Husband and Wife do not have any children either separately or together, and WHEREAS, differences have arisen between Husband and Wife and they have mutually decided to live separate and apart from each other since November 2, 1995, and WHEREAS, Husband and Wife are currently pursuing a divorce action in the Court of Common PIeRs of Cumhp.rland County, Pennsylvania, docketed at No.96-3417, and WHEREAS, Husband and Wife desire to settle and determine their rights and obligations and to incorporate this in their decree of divorce; and WHEREAS, Husband and Wife have amicably discussed and mutually agreed upon how their rights and obligations are to be divided and resolved, and WHEREAS, Husband and Wife desire to reduce and memorialize said agreements to writing; and NOW, WHEREFORE, the parties intending to be legally bound hereby do covenant and agree as follows; 1. DIVISION OF PERSONAL PROPERTY ~D DEBTS The Parties have agreed to divide between them and already have divided between them to their mutual satisfaction the personal property and debts which heretofore have been used by them in common. The specific division of personal property is set forth in the attached Separation Agreement ( hereinafter referred to as "Separation Agreement") which was executed by the Parties on March 25, 1996. The Separation Agreement is hereby incorporated by reference as if fully set forth herewith. Each Party shall retain as his or her separate property any items of personal property of any nature now in his or her respective possession in acordance with the Seperation Agreement. , ' ,.-1 ...1 " ) , I " ) '" :,.,.1 2. AFTER-ACQUIRED PROPERTY Each of the parties shall hereafter own and enjoy, independently of any claim or right of the other, all items of property, be they real, personal, mixed, tangible or intangible, which were acquired by him or her after execution of the above referenced Separation Agreement with full power in him or her to dispose of the same as fully and effectively, in all respects and for all purposes. J. AFTER-ACQUIRED DEBTS Wife represents and warrants to Husband that after the Separation Agreement, she has not incurred any debt or liability for which Husband or his estate or assigns might be responsible and shall indemnify and save harmless Husband from any and all claims or demands made against him by reason of debts or obligations incurred by her. Husband represents and warrants to Wife that after the Separation Agreement, he has not incurred any debt or liability for which Wife or her estate or assigns might be responsible and shall indemnify and save harml ens wi!::l from any al1d all claims or demands made against her by reason of aebts or obli;'Itions incurred by him. 4. RETIREMENT/PENSION PLANS The Parties have agreed to retain, keep, and maintain each of their respective retirement plans and or any and all proceeds thereof in their sole respective custody, care, and control. Each disavows any right title or interest, now and forever, in the retirement benefits of the other. 5. ALIMONY/SPOUSAL SUPPORT CLAIMS The Parties hereby agree that Husband will pay the amount of $ 450.00 per month to Wife for 12 consecutive months commencing when the divorce action that is pending in the Cumberland County Court of Common Pleas becomes final. Husband has been paying $ 450.00 per month to Wife since the time of seperation. The 12 payments which ~lill follml the entry of the fin31 divorce decree will be made pursuant to the same custom and practice that is currently being utilized by the Parties. This agreement was entered into by the Parties in order to settle any and all alimony/spousal support claims. In the event of a breach by Husband, Wife does not waive any legal rights or remedies which are available. The right to these 12 payments will become part of the divorce deree and the enforcement of all payments will be subject to the jurisdiction of the Cumberland county Court of Common Pleas. 6. MEDICAL COVERAGE The Parties hereby agree to each be responsible for their own health care and medical insurance coverage. . . 7. CONTINUED COOPERATION The Parties agree that they will execute any and all written instruments, car title, release, or other such writings and agree to take any other reasonable actions that may be necessary or desirable for the proper effectuation of the terms of this agreement. 8 . 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, and the Party breaching this contract shall be responsible for the payment of legal fees and costs incurred by the other in enforcing their rights under this agreement or for seeking such other remedies or relief as may be available to him or her. 9. VOLUNTARY AGREEMENT The provisions of this agreement are fully understood by both parties and each party acknowledges that the agreement is fair and equitable, that it is being entered into voluntarily, and that it is not the result of any duress or undue influence. 10. WAIVE OF CLAIMS AGAINST ESTATES Except as herein otherwise provided, each party may dispose of his or her property as they may wish, 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 the marital relationship, including without limitation, dower, curtesy, statutory allowance, widows allowance, right to take in intestacy, right to take against the will of the other and the right to act as administrator or executor of the other's estate. 11. BINDING AFFECT This agreement shall be binding upon the parties' heirs, successors, and assigns. 12. MODIFICATION AND WAIVER Any modification or waiver of any of the provisions of this agreement shall be effective only if made in writing and executed with the same formalities 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 or any subsequent default of the same or similar nature. 13. EFFECT OF SUBSEQUENT DIVORCE DECREE This agreement shall continue in full force and effect in the event that a divorce decree is entered with respect to the parties. 25 Ma~ 96 F~om: ABH 2 And~ew A. A~me~mann, USN, 195-56-5025 To: Commanding Office~, U.S. Naval Suppo~t Activity. Naples. Italy Subject: Sepe~ation Ag~eement 1. The following a~e the te~ms of eepe~ation that And~ew A. A~me~mann and Adina M. A~me~mann have ag~eed upon. 2. We would like ou~ official date of sepe~ation to be ~eco~ded as 02 NOV 95. 3. The following is a list of debts that will be divided as s~lfied. And~ew ag~ees to accept ~esponsibility fo~ and payment of the following debts: ACCOUNT MONTHLY PAYMENT BALANCE 1) NEX C~edit Ca~d 2) Blaze~ (pe~sonal loan) $95.00 60.00 $2.000.00 720.00 Adina ag~ees to accept ~esponsibility fo~ and payment of the following debts: ACCOUNT MONTHLY PAYMENT BALANCE 1) NEX C~edit Ca~d $125.00 $2,200.00 4. The following accounts will be paid upon in the sum of 50\ of the monthly amounts due by both pa~ties until balnce is paid. 1) MCI Residential Account; balance: $405.00. $50.00 each until paid in full. 2) VISA C~edit Ca~d Account: app~oximate balance: $800.00. Adina accepts ~esponsibility fo~ $600.00 of the account balsnce, And~ew accepts ~esponsibility fo~ the ~emainder of the sccount balance. 5. Adina will not be held ~esponsible fo~ cha~ges made on the MCI o~ VISA account afte~ he~ date of sepe~ation. 6. Xn addition to the above ag~eements, And~ew will send Adina the sum of $450.00 pe~ month by way of allotmnet as suppo~t. This is a sepe~ate ag~eement between And~ew and Adina, and should not be conside~ed alimony, which will be decided on upon finalization of divo~ce. ~.' Upon ~elocation to the ba~~acks. And~ew will_take with him the following items: 1) Sony T.V. and VCR ~)I Sony Ste~.o system 3) Supe~ Nintendo and gameb IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ADINA ARMERHANN . . PLAINTIFF . . . . V. I : ANDREW A. ARHERHANN . . DEFENDANT CIVIL ACTION - LAW No. 96-3417 civil 1996 IN DIVORCE AFFIDAVIT OF CONSENT 1. A complaint in divorce under Section 3301 (c) of the Divorce code was filed on June 18, 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 after notice of intention to request entry of the decree . 4. I understand that if a claim for alimony, alimony pendente lite, marital property or counsel fees or expenses has not been filed with the court before the entry of a final decree in divorce, the right to claim any of them will be lost. 5. I have been advised of the availability of marriage counseling and I understand that I may request that the court require that my spouse and I participate in counseling. 6. I understand that the court maintains a list of marriage counselors at its Domestic Relations Office, which list is available to me upon request. 7. Being so advised, I do not request that the court require my spouse and I participate in counseling prior to a divorce decree being handed down by the court. I, ADINA ARHERMANN, 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. -.!J - \[J-CJ 1 DATE ;::. I , , " I . , i " , - , .. , : " i ; ~ , r , 1__, , .J IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ADINA ARHERMANN PLAINTIFF CIVIL ACTION - LAW V. I I I I No. 96-3417 civil 1996 I IN DIVORCE ANDREW A. ARMERMANN DEFENDANT AFFIDAVIT OF CONSENT 1. A complaint in divorce under section 3301 (c) of the Divorce code was filed on June 18, 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 after notice of intention to request entry of the decree. 4. I understand that if a claim for alimony, alimony pendente lite, marital property or counsel fees or expenses has not been filed with the court before the entry of a final decree in divorce, the right to claim any of them will be lost. 5. I have been advised of the availability of marriage counseling and I understand that I may request that the court require that my spouse and I participate in counseling. 6. I understand that the court maintains a counselors at its Domestic Relations Office, available to me upon request. 7. Being so advised, I do not request that the court require my spouse and I participate in counseling prior to a divorce decree being handed down by the court. list of marriage which list is I, ANDREW A. ARMERMANN, 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. ~ f'rYr-, q'} DATE A1rW.J AA/tilP'~--: ANDREW A. ARME . DEFENDANT I \0 ,-- I L! " . ,. L. , l._~' n , t: r. ". I.. ~: j ~- ,- I , ;- .J .. 0' ',)