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HomeMy WebLinkAbout96-03459 ~ ~ ~ . ~ , , 1 11 3 " ..."...0, "" ( ,I' ".' ~ " I, '~ ~ ~ .... .:;) ~ ~ ~ ,., , ,~ ' ,0-/ SAlOIS, GUIDO, SnUFF & MASlAND 26 w. Ihgh SIn:c:1 CDrli~I~, PA . or deem fit. (2) Excepc as herein otherwise provided, each party hereby releases the other from any and all claims, or demands up to the date of execution hereof. (3) The parties are the owners of certain real estate with improvements thereon erected known as 3 Mimoaa prive, Mechanicsburg, Pennsylvania. Husband agrees to convey his interest to Wife by Special Warranty Peed at the time Wife refinances the following obligations: a. The first mortgage with PNC Mortgage Company with an approximate balance of $71,000.00. b. A second mortgage with Mellon Bank with an approximate balance of $10,000.00. c. A third mortgage/line of credit with Mellon with an approximate balance of $14,000.00 of which Husband shall aSSllme and refinance $9,000.00 and the balance shall be assumed and refinanced by Wife. Wife shall have e:cc1usive possession or the marital real estate and shall assu,"e full. responsibili.ty for all household expenses including, but not limited to, the mortgages, utility bills, insurance and real eatate taxes in connection with Raid property. With regard to all such expenses, wife hereby agrees to hold Husband harm1esA and indemnify him from any loss thereon. In the event that Wife is unable to refinance within three (3) months from the date of this Agreement, the parties shall mutually agree to an appropriate resolution of the r~a1 estate . and the aforementioned obligations. If the parties are unable to agree, the real estate shall be listed for sale and the obligations \laid from the proceeds except that Husband shall assume $9,000.00 of the Mellon line of credit. The net proceeds after the payment of all customary closing costs shall be paid to Wife. (4) In the event that either party contracted or incurred any debts since the date of separation on October 2, 1995, the party who incurred said debt shall be responsible for the payment thereof regardless of the name in which the debt may have been incurred. Wife agrees to assume the Chase Gold VISA account 4226- 9001-11\17-6895 with a balance as of April 6, 1996 of $7,735.60 which is in her name alone as well as the outstanding bill to Dr. Fields in the approximate amount of $1,500.00. Husband shall assume the Citibank VISA account 4271-3823-1466-4810 with SAII>IS, (;umo, SHun' & MASLANI> 2flW HighSIIl.'C1 Llllllhlc,l)A an approximate balance of $6,800.00 and the Montgomery Wards credit card in the approximate amount of $600.00. With regard to the debts hereby assumed, each party agrees to hold the other harmless and indemnify them from any loss thereon. (5) Husband relinquishes any right, title and interest he may ha~e to the 1995 Saturn currently in Wife's possession. Wife shall assume full responsibility for the encumbrance on the said vehicle with Dauphin Deposit Bank and Trust Company and shall hold Husband harmless and indemnify him from any loss thereon. Husband shall execute any documents necessary or desirable to have said vehicle properly registered in Wife's \[ 'I I ii SAlOIS, GUIDO, SHUFF & MAStAND 26 w. IHllh Slrecl CllI'lilih:. PA , name. (6) The parties hereto mutually agree that they have effected a s~tisfactor~ division of the furniture, household furnishings, appliances, tools and other household personal property between them, and they mutually agree that each party shall from and after the date hereof be the sole and separate owner of all such property presently in his or her possession whether said property was heretofore owned jointly or individually by the parties hereto. This agreement shall have the effect of an assignment or bill of sale from each party to the other for such property as may be in the individual possession of each of the parties hereto. Husband shall receive the following items if they are not in his possession: Sports card collection, Civil War sculpture, and paintings, guns and sporting equipment. (7) Each party hereby relinquishes any right, title or interest he or she may have in or to any intangible personal property currently titled in the name of or in the possession of the other party, including, but not limited to, stocks, bonds, insurance, bank accounts and retirement accounts. Wife hereby relinquishes any right to Husband's profit sharing and 401K from Herr's Foods, Inc. Husband hereby relinquishes any right to Wife's retirement from Duplex Products, Inc. and Digita-L-Ink. Wife has or will redeem her Duplex Products, Inc. retirement account and Wife shall use a portion of the proceeds therefrom to pay the 1995 Federal Income Tax Liability of the SAIDIS, GUIDO, SHUFF & I MASI.AND i 26 W. Blah SIf\'CI LIlflhlc,IlA parties. Husband acknowledges that he has no cl.aim to the balance of the account which shall be considered the property of . Wife. (8) The parties agree that custody of their minor children, Jacqueline Renee, Corrin M. and Sandra L. Walters shall be joint, with both parties having the parenting decisions affecting the childrens' health, education and welfare. Wife shall have primary phy~ical custody of the children during the school. year. Husband shall have primary physical custody of the children dU.Ling the summer vacation from school. The party not having primary custody shall have partial physical custody every other weekend from Friday to Sunday and every other holiday. The holidays which are being alternated are New Years Day, Easter, Memorial Day, 4th of July, Labor Day, Thanksgiving and Christmas. Nothing herein shall be construed to prevent the parties from mutually agreeing to other periods of partial physical custody. (9) Husband agrees to pay to Wife for the use, benefit, support and maintenance of their minor. children, the sum of One Thousand Five Hundred and 00/100 ($1,500.00) Dollars per month which payment shall be made in two equal installments due the first (1st) and fifteenth (15th) of each month until the house is refinanced as provided in Paragraph 3 or the expiration of three months from the dat~ of this Agreement. Thereafter, Husband agrees to pay to Wife for the u~~, benefit, support and maintenance of their minor children, tt.e sum of One Thousand SAlOIS, GUIDO, 'I SHUFF & MASLAND ' 26 W, IlIRh Slree' ClUlililc. PA Dollars ($1,000.00) per month. Husband shall provide health and dental insurance as provided by his employer for the benefit of the minor children so long as he is obligated to contribute to their support. Husband and Wife agree to be equally responsible! for any noncovered or extraordinary medical and/or dental expenses for said minor children provided that the decision to I and/or dental expenses, incur extraordinary or noncovered medical shall be joint. Husband agrees to maintain the children or a Trust for the benefit of the children as beneficiary on a life insurance policy in the amount of $50,000.00 on his life for so long as Husband has a duty of support. Husband shall be entitled to claim JacqueUne Renee and Corrin M. Walters as dependents for Federal Income Tax purpos~s. Wife shall retain the income tax exemption for Sandra L. Walters. Each party agrees to execute any documents necessary or desirable to evidence this Agreement. The parties agree that in the event of a material change in circumstances of either pa~ty, or a change in the custody arrangements set forth herein, the amount of support payment shall be subject to an appropriate adjustment by agreement or, if the parties are unable to agree, by order of a court of competent jurisdiction, and the amount ordered by any such court shall be deemed to be the amount due herp-under. The parties agree to execute any documents necessary or desirable to have this provision entered as an amicable Order of Court through the Domestic Relations Office of a court of SAlOIS, GUIDO, SHUFF & MASLANI> 26 w. High Sh~cl Cnrlhlr,PA appropriate jurisdiction. (10) Husband shall not pay to Wife nor Wife to Husband any ! sum whatsoever as alimony, alimony pendente lite, or for his or her support or maintenance. (11) Husband is now represented by counsel of his choice, Robert c. Saidis, Esquire and Wife has been advised of her right to secure counsel of her choice. (12) Neither party shall contrac~ or incur any debt or liability for which the other party or his or her property or estate might be responsible and shall indemnify and save the other party harmless from any and all claims or demands made against him or her by reason of debts or obligations incurred by I the other party. (13) Each of the parties shall from time to time, at the request of the other, eXAcute, 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 provision of this Agreement. (14) The parties do hereby warrant, represent, acknowledge and agree that each is fully and completely informed of, and is familiar with, the wealth, real and personal property, estate and assets, earnings and income of the other and that each has made a full and complete disclosure to the other of his and her entire assets and liabilities and any further enumeration or statement thereof in this Agreement is specifically waived. (15) Husband and Wife acknowledge that each of them has read and understand his and her rights and responsibilities SAIDIS, GUIDO, SHUFF & MASI.AND 26 W.lfighSI"'c' CllIlble,I'A under thill Agre.!ment and that they have executed this Agreement under no compulsion to do so but as a vol.untary act. (16) It is further specifically understood and agreed by and between the parties hereto that each party accepts the provisions herein made in lieu of and in full settlement and satisfaction of any and all of said party's rights against the other for past, present and future claims on account of support, maintenance, alimony, alimony pendente lite, counsel fees, costs and expenses, equitable distributiQn of marital property and any other claims of "ach party, inclUding all claims which have been' I I raised or may be raised in an action for divorce. (17) Except as may be otherwise specifically provided in this Agreement, Husband and Wife, for themselves, their heirs, representatives and alllligns, each hereby forever releases, remises, discharges and quitclaims the other, and such other's heirs, repreaentatives, assigns and estate, from and with respect to the following: A. All liability, claims, causes of action, damages, costs, contributions, expenses or demands whatsoever in law or in equity; B. All rights, title, intereat or claims in or to any property of the other, whether real, personal or mixed and whether now owned or hereafter acquired; C. All rlghte of curtesy and dower and all claims or rights in the nature of curtesy and dower; D. All widow or widower's rightB; E. All rights, title and interest or claims in or to SAIDIS, GUIDO, SnUFF & MASLAND 26 W, High S're<' Co.rlhlle,PA . . (18) This Agreement shall be construed under the law of the Commonwealth of Pennsylvania. If any provision of this Agreement is determined to be invalid or unenforceable, all other provisions shall continue in full force and effect. (19) In the event that either of the parties shall recover a final judgment or decree of absolute divorce against the other in a court of competent jurisdiction, the provisions of this Agreement may be incorporated by reference or in substance but shall not be merged into such judgment or decree and this Agreement shall survive any such final judgment or decree of absolute divorce and shall be entirely independent thereof. (20) In the event that either party breaches any provision of this Agreement, and the other party retains counsel to assist in enforcing the terms thereof, the parties hereby agree that the breaching party will pay all attorney's fees, court costs and expenses incurred by the other party in enforcing the Agreement. (21) This Agreement constitute~ the entire understanding between the parties and there are no covenants, conditions, representations, or agreements, oral or written, of any nature whatsoever, other than those herein contained. (22) This Agreement shall bind the parties hereto, their respective heirs, executors and assigns. I I , Ill' .. I, , " i l \ I. .r " '- ..pO"" ~. VI - f, '" ~.: .. ,...:1 ~1: -. l..'i ("l "- ~ :'': . \.,.;~ ,- 'I.. , :,j -....J (' '<Q d;', r;> .:i}f .c:: ('v J ,~ ~ ;'i ' " f~ - ,:, ... .::::l' ''\-., , ~ . ...::) '0 ~- 1'\.... LI' '. B~ - " ...........-<::::;-.... ~ ,..... ~ '\~ ~~ b -,-..) - ~~) H ~ ~~ ~>l ~ .., p.,Ul tJ cr, O~ ~~~ . < ~~ . +J ~ ~ .... . c !i? ~~ ...::l: ~p.E-< .... I Al ~tlS~ ~~ ..... 'tl H 0 . . +J ~ 0 U >: o-l Ul C Z [E O~x,,"E r..~~ Cl ..... . .... o ~ 0 t"- Al I> ClI H ~ ci:t::f~ o H E-< ..... 0 ~ OU o-l p. :S . 'Vl~ E-<U fi . ~""~-o U P:: H ..JX tJ j . ~ '" "" . e CI'J .( P:: o-l ~ _ U 0 S > E-< ~ 0 H Cl U < E-<~ 0 Ul Z J,z rJl H CI'J 0 H "'H P:: .. , ~ .' , , . . " , " . ROBERT L. WALTERS, JR., Pl..intiff IN THE COUR'l' OF COMMON PLBAB OF CUMBERLAND COUNTY, PENNSYLV~NIA v. 96-3459 CIVIL TERM ELISABETH R. WALTERS, Defendant IN DIVORCE PLAINTIFF'S AFFIDAVIT OF CONSENT AND WAIVER OF NOTICE OF INTENTION TO REOUEST EN1'RY OF A DIVORCE DECREE UNDER SECTION 3301(c) OF THE DIVORCE CQQE 1. A Complaint in divorce under Section 3301(c) of the Divorce Code was f.iled on June 20, 1996. 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety days have elapsed 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 claim them before a divorce is granted. 5. 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. ~ 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. Section 4904 relating to \In.s. worn falsificat~~n to a,uth itie. s'. I DATE!): q J :fl / (Jj . I)~.,-.' +.,., ~'-\: ..~) {J , ~ Robert L. Walters, Jr., PI 'nt ff - I I ., I , I: . #oJ' (1.1 r /.1 " .. , : I .' . l.j 1111 , , _.. . ' ~ ' RECEIVED ,,,., - " " 7 199t5 ROBER'r L. WAL'rERS, JR., Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. 96-3459 CIVIL TERM ELISABETH R. WALTERS, Defendant IN DIVORCE DEFENDANT'S AFFIDAVIT OF CONSENT. ACCEPTANCE OF SERVICE AND HAIVER OF NOTICE OF INTENTION TO REOUEST ENTRY OF A DIVORCE DECREE UNDER SECTION 330l(c) OF THE DIVORCF. CODE 1. A Complaint in divorce u;1der Section 33011<') of the Divorce Code was filed on June 20, 1996. 2. Defendant acknowledges and accepts service of the Complaint on June 25, 1996. 3. The marriage of Plaintiff and Defendant is irretrievably 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 claim them before a divorce is granted. 6. I underst~nd 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 imm"diately after it is filed with the Prothonotary. 7. I have been advised of the availability of marriage counsp.1]1ng and understand that I may requC!::Jt that the court require counselling. I do not request that the court require counselling. 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. Section 4904 relating to unsworn falsification to authorities. DATED: ~~/7& yft.Ut1'~rx'/ X ';1-'l~~'~'C--'" /7 El isabeth R. Walters, Defendant