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HomeMy WebLinkAbout96-03530 \ , , 4 t'- ~ ~ " ~ f' "{ , " ~ \ I ! r"''''''' .,,1' " I ~" I I to ' , ~ - 1 ~ . . :) "- (J 0 cC) \() IV') . .'0 , ~~*~~~~~~~~---*-----~---------~ "." ,.,.. ,.", ,....., ,."", -.". " . ,., -." ".." ~A"-"'-'18 8 8 ~ ~ ~I"""'_'M"" -- ",----, ,._-,. ~I M , I 81 81 N ~I 8' .. " 8 8 8 8 8 8 8 $ 8 8 8 . , ~ . 8 ~ 8 8 .. " 8 8 ~ .. ....,..,..,...,...,...........""..."",. " ~ Ij : c4ft- " '-~,Il.'''(',. l' IJ(;/{,/;..;1::..n'~'::r J.* ~ ) ~ J,.' J r;l/' C/ ,~ ~ "J) (" '/.( /: - ... 'tr, ^/,(ft I i>,: M ~ '/Prothonotary I t-...-.: _.-_-..:- .-.x.'.. "_~:M.'.a:~ .....;<<0 ,:or.' .:or., .:<<. ,~:' '.' ',;Ai.' -:i., ',i:,' :;.;.-.:+:: .~:' .:.:' .~:' ':c' ,~; IN THE COURT OF COMMON PLEAS OF CUMBERLAND STATE OF '* COUNTY PENNA. MARCET,I,A A. I,ANGFORIJ, Plaint i ff N ll,)5)Q C;;lv,l..\. It) 96 Vl'r""lI~ MICHAEL E. LANGPORD, Defendant DECREE IN DIVORCE AND NOW, ' , , , , , ::D,l,-t,+,.0-;' , , ,7~, , . ., 19 ,9,~, , " It 15 ordered and decreed that, ,MAR,CELI',A, .A., ,Ll\NGF'()Rr) , , , " , , , , , ., , , , , , , , , ". plaintiff, and, , ,~ICHAr.;T" ,E ~ . r,ANGI;'OlH?, . , . , , , , , , , " " , , . , , " , , , , , , , . " deftmdant, ore divorced from the bonds of matrimony. The court retains jurisdiction of the following c10lms which hove been raised of record In this action for which 0 final order has not yet been entered; . . . . , , ., . , ,/:-,INI- ,.,..,.,.....,.."...,..........., ......",.." 8 8 8 8 8 8 8 8 8 ~ !iI " 8 * ~ !8 , I [is I: I~ ~ .;; ~ $ ~ '" $ I.. I... ( . I~ " r~ ( , 1,', ,~ ,~ ~ ~ ',' ,~ '.' . - WHEREAS, diverse unhappy marital diificu1ties have arisen between the parties cauBin'J them to helieve that their marriage is irretrievably broken, liS a reBult of which they have separated and now live sepaI"ate and apart from ono another, the parties being estI"anged due to such marital difficultieB with no reasonable expectation of reconcilJ.otionl Ilnd the parties hereto are desirous of settling fully and finally their respective financial and property rights and obligations as between each other, including, without limitation by specification: the settling of 1111 matters between them relating to the ownership of real and personal propertYI and in general, the settling of any and all claims and possible claims by one against the other or against. their respective estate, particularly those responsibilities and rights growing out of the marriage relationship. NOW, THEREFORE, in consideration of the mutual promises, covenants and undertakings hereinafter set forth and for other good and valuable consideration, the receipt of which is hereby acknowledged by each of the parties hereto, Husband and Wife, each intending to be legally bound hereby, covenant and agree as follows: -2- .. - 1. SEPARATION. It shall be lawful for each party, at all times hereaftor, to live separate and apart from the other, a t such place or plnces as he or she may, from time to time, choose or deem fit. Each party shall be free from interference, authority or contact by t.he other, as fully as if he or she were single and unmarried, except as may be necessary to carry out the provisions of this Agreement. Neither party shall molest the other or attempt to endeavor to molest the other, nor compel the other to cohabit with the other, or in any way harass or ma lign the other, nor in any way in terfere with the peaceful existence, separate and apart from the other. Should a decree, judgment or order of separation or divorce be obtained by either of the parties in this or any other state, country or jurisdiction, each of the parties hereby consents and agrees that this Agreement and all of its covenants shall not be affected in any way by any such separation or 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 shall remarry, it being understood by and between the parties hereto that this Agreement shall survive and shall not be merged into any decree, judgment, or order of divorce or separation. It is specifically agreed, however, that a copy of this Agreement or the substance of the provisions -3- ... - thereof., may be incorporated by reference into any divorce, judgment or decree. 'fhis incorporlltion, however, shall not be regarded as a merger, it being the specific intent of the parties to permit this Agreement to survive any judgment and to be forever binding and conclusive upon the parties. 2. EFFECTIVE DATE. The effective date of this Agreement shall be the "date of execution" or "execution date", defined as the date upon which it is executed by the parties if they have each executed the Aqreement on the same date. OtherWise, the "dF.lte of execution" or "execution date" of this Agreement shall be defined as the date of execution by the party last executing this Agreement. 3. MUTUAL RELEASES. Husband and Wife do hereby mutually remise, release, quit-claim or forever discharge the other and estate of such other, for all time to come, and for all purposes whatsoever, from any and all rights, title and interest, or claims in or against the estate of such other, of whatever nature and wherever situate, which he or she now has or at any time herea fter ma y have aga i nst such other, the estate of such other or any part thereof, whether arising out of any former acts, contracts, engagements or liabilities of such other or by way of dower or curtesy, of claims in the nature -4- of dower or curtesy, or widow's or widower's rights, family exemption or aimilar allowance 01' under. the intestate 1awsI or the right to t.aka Itgllinst the apouso's willI or the right to treat It lifotime conveyance by tho other as testamentary or all other rJ.ghts of a surviving apouse to participate in II decollsed spouse's est.ate, whethor arising under the United States, or any other countrYI or any rights which either party may now have or at any time hereafter have for the past, pr.esent, or futuro support or maintenance, alimony, alimony pendente lite, counsel foos, costs or expenses, whether arJ.sing as a result of tho marital relation or otherwise, except and only except all rights and agreements and obligations of whatsoever nature arising or which may arise under thJ.s Agreement or for the breach of any provision thereof. It is the intention of Husband and Wife to give to each other by the execution of this Agreement a fu II, complete and general release with respect to any and all property of any kind or nature, real personal or 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 provision thereof. 4. DISTRIBUTION DATE. The transfer of property, funds and/or documents provided for herein shall only take place on the "distribution date" which shall be defined as the date of execution of the Divorce Decree, unless otherwise specified heroin. -5- - 5. MUTUAL CONSENT/ADVICE: OF COUNSEh Husband and Wife acknOWledge and understand tho terms and conditions of this Agreement, and wife is reprosonted by Arthur 1<. Oils, Esquire and husband, by oxocuting this Property Settlement Agreement, acknOWledges that he has been informed of his right to confer with counsel prior to executing this Agreement. Husband and Wife acknOWledge that they fully understand t.he facts as to their legal rights and obligations under this Agreement. Husband and Wi fe acknowledge and accept tha t this Agreement is, under the Circumstances, fair and equitable and that it is being entered into freely and voluntarily, and that the executi?n of this Agreement is not the result of any collusion or improper or illegal agreement or agreements. 6. FINANCIAL DISCLOSURE. 'rhe parties confirm that each has relied on the substantial accuracy of the financial disclosure of the other as an inducement to the execution of this Agreement. The parties acknOWledge that there has been no formal discovery conducted in their pending divorce action and that neither party has filed an Inventory and Appraisement as required by Section 3505(b) of the Pennsylvania Divorce Code. -6- Notwithstanclinq the foreqoinq, the rights of either party to pursue a claim for equitable distribution, pursuant to the Pennsylvanio Divorce Code, of any interest owned by the other party in an ilARot of ony nature at any time prior to the date of execution of this agrooment that was not disclosed to the other party or his or hor counsel pr.ior to the date of the within IIgreoment is expressly reser.ved. In the event that either party, at any time hereafter, discovers such an undisclosed asset, tho parties shall have tha right to petition the Court of Common Pleas of Dauphin County to make equitable distribution of said asset. The non disclosing party shall be responsible for payment of counsel fees, costs or expenses incurred by the other party in seeking equitable distribution of said asset. 7. DEBTS IIND OBLIGATIONS. Husband represents and warrants to wife that since March of 1996, he has not, and in the future he will not contract or incur any debt or liability for which wife or her estate might be responsible and shall indemnify and save wife harmless from any and all claims or demands made against her by reason of such debts or obligations incurred by him since the date of said separation, except as otherwise set forth herein. March of contract Wife represents and 1996, she has not, or incur any debt or warrants to husband that since and in the future she wi II not liabil it y for which husband or -7- his estate might be responsible and shail indemnify and save husband harmless from any and all claims or demands made against him by reason of such debts or obligations incurred by her since the date of separation, except as otherwise set forth herein. Husband hereby agreos to assume and be solely responsible for the debt owed the Pennsylvania state Employees Credit Union, Account Number 0173626775. Said loan was for the purchase of a 1991 Mercury Capri automobl.le which is in husband's name alone and which wife was not aware of untl.l approximately one month ago when her bank account was frozen by PSECU as a result of husband's fal.lure to pay said debt. Husband hereby agrees that he shall make bi-week1y payments in the amount of $75.00 to the Pennsylvania state Employees Credit Union without fail. Wife hereby waives any right, title and interest which she may have in the 1991 Mercury Capri automobile. Husband hereby indemnifies and holds wife harmless in connection with said debt. Husband and wife are the joint debtors of a balance due and owing in connection with their mobl.le home which was repossessed and sold by the corporation known as Greentree, as a result of their failure to make monthly payments. At this time, it is believed that there is approxima tely $8,500.00 due and owing to said ccrporation and husband hereby agrees to be responsible for two-thirds (2/3) of the amount due Greentree and wife hereby agrees to be responsible for one-third (1/3) of said amount. -8- Husband hereby agrees to remit payment to wife in \:he amount of $60.00 per month commencing october 15, 1996 for a period of one (1) year, at which time the balance due wife of $1,680.00 shall be paid to wife l.n a lump sum. 'i'he total amount due and owing by husband to wife of $2,400.00 is due and owing to wife as a result of tho wife's assumption of certain joint marital debts which are in her name alone. Husband hereby agrees that he shall obtain financing by october 15, 1997 in the amount of $1,680.00 so that the wife will be paid in full on that date. Husband hereby understands that if he fails to remit payment in the amount of $60.00 per month for a period of one (1) yesr commencing october 15, 1996 to wife, that this is i.n violation and breach of this Property Settlement Agreement. Husband hereby acknowledges and agrees to be solely responsible for a personal loan which he acquired from Cannella Cribari, 1309 Well Drive, Camp Hill, Pennsylvania, 1'7011 in the amount of $500.00. Husband hereby indemnifies and holds wife harmless for the payment of said amount to Carmella Cribari. Husband further agrees to repay said loan within six (6) months of the date of this Agreement. 8. REAL ESTATE. any marital real estate as any real estate. This Agreement does not involve currently the parties do not own -9- 9. PERSONAL PROPERTY. Except as set forth hereto, husband and wife have agreed that their personal property has been divided to the parties I mutllfll satinfaction and neither party will make any claims to the property possessed by the other, except liS set forth herctol None. 10. PENSION AND RETIREMENT BENEFITS. llusband and wife hereby acknowledge that there has been a full disclosure of any and all pension or retirement benefits and husband and wife hereby agree that they both walve any right, claim or interest which they may have in the other I S pension/retirement benefits through any of their past employers, specifically any pension/retirement benefits which may have accrued from the date of marriage to the date of separation. 11. SPOUSAL SUPPORT/ALIMONY. Neither husband nor wife make a claim upon the other for spousal support or alimony. 12. ATTORNEY'S FEES. Hu~balld l,l:relay Bl}peea to ~ ofFl""q .....f ~-.!l.i~-.f,,*. at tor n<!y 'I> f~<!.!> Jtl~ /~ ... of ~35(J .e-o-.--Hn!lb~"J I,el"by- P&IIl' tile salamlll 0'111 tAg l~'.' f-i-ftft 1 i l'l a t;1 Q n of the-d+vorce--aet ion-.---5&4-<I .arHI ()wlll"J are 1n tllo;:; 6MOU"t aQI{"o...18g~t3B tkst ~ife Aaa ~1.l;:vlvu031y f3aid - ~l\i..l &t:-t-eHte-y-.to commOni"'Cl "'he ni\lnl""rR Arr~gR EHH.:l kea ~8id th~ cO.3ta far fi1in'J_ S....in ni"t"'\?:,,~g 8.:.t16n. Ih::ilsl:H'l"ei h~Ll:;l.JY lUIJC.LooLclIdi:t tl'ClL L1lc paYII,clit of $ :1 SO _ gg ta Ai tl. tiX It. (;) i 1,:), Eo"-i u lLl! III~ 3 t be --r-9QQi v.QQ..-.-f).rio..r..- to tkc fl"all;r.dLluJI U[ L1,1,:) ..]1 v...n.\..t:: o,-Llot't. -10- 13. WAIVER OF RIGHTS. The parties horeto fully understand their rights under and pursuant to the Divorce Code, Act of 1960, No. 1960-26, as Amended February 12, 1986, particularly the provisions for alimony pendente lite, spousal support, equitable distribution of marital. property, attorney fees and expenses. Both parties agree that this Agreement shall conclusively provide for the distribution of property under the said law and the parties hereby waive, release and forever relinquish any further rights they may respectively have against the other for alimony, alimony pendente lite, spousal support, equitable dist.ribution of marital property, attorney fees and expenses. 14. MU'l'UAL RELEASE OF CLAIMS. Except as otherwise stated in this Agreement, husband and wife each do hereby mutually remise, release, quitclaim and forever discharge the other, for all time to come, and for all purposes whatsoever, of and from any and all rights, title and interests, or claims in or against the property (including income and gain from the property hereafter accruing) of the other or against thE:', estate of each other, of whatever nature and wheresoever situate, which he or she now has or ilt any time hereafter may have; speCifically including any rights which either party may have or- at any time hereafter have for past, present., or future spousal support, or maintenance, alimony, alimony pendente lite, spousal support, equitable distribution of marital property, attorney fE:'es, costs or expenses, whet.her ariSing as a result of the marital relation or otherwise. -11- It ia the intention of the husband and wife to give to each other by the execution of third Agreement, a full, complete and general release with respect to any and all property of any kind or nature, real, personal or mixed, which the other now owns or may hereafter acquire, except and only except all rights and agreements and obligations of whatsoever nature arilling or which may arise under this Agreement or for the breach of any provision thereof. 15. WAIVER OR ~lOOIFICATION TO BE IN WRITING. A modification or waiver of any of the terms of this Agreement shall be effective only if in writing, signed by both parties and executed with the same formal i ty as this Agreement. No waiver of any broach hereof or default hereunder shall be deemed a waiver of any sub5equont default of tho same or similar nature. 16. MUTUAL COOPERATION. Each party shall, at any time and from time to time hereafter, take any and all steps and execute, acknowledge and del i ver to the other party, any and all future instruments and/or documents that the other party may reasonably require for that purpose of giVing full force and effect to the provisions of the Agreement. 17. AGREEMENT BINDING ON HEIRS. This Agreement shall be binding and shall inurc to the benefit of the parties hereto and their respective lcgatees, deVises, heirs, executors, administrators, successors ann assigns in the interest of the parties. -12- 18. BREACH. If either party breaches any provision of this Agreement, the other party shall have the rights, at his or her election, to sue in law or in equity to enforce any rights and romedies which the party may have, and the party breaching th is Agreement sha II be rea pons i ble for payment of attorney fees and all costs incurred by the other in enforcing his or her rights under this Agreement. 19. LAW OF PENNSYLVANIA APPLICABLE. shall be construed in accordance with the Commonwealth of Pennaylvania. 'l'h i s Agreement laws of the 20. [EADINGS NOT PART OF AGREEMENT. Any headings preceding the text of the several paragraphs/provisions and SUbparagraphs hereof, are inserted solely for convenience of reference and sha 11 not constitute a part of. this Agreement nor shall they affect its meaning, construction or effect, 21. DIVORCE. The parties hereto acknowledge that their marriage is irretrievably broken. The parties further agree to execute the necessary Affidavits of Consent and Waiver of Counseling, simultaneously with the execution of this Agreement. The parties further agree and acknowledge that this Property Settlement Agreement shall bll incorporated into said Decree in Divorcel however, shall not merge therewith. -13- " ,- .:1' !,'. - ....:- " III ~. " 1,.': ,....(. (' ,) 'II; .. \.. " J . . ., (), , ':\ l' I ~.~ 'J! 0: , , I. I " "j '. p\.. , I ,.". oJ , , MARCELLA A. LANGFORD, IN TilE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA vs. No. '1'(,.. iY;hl Civil 1996 MICHAEL E. LANGFORD, CIVIL ACTION - LAW Defendant IN DIVORCE gOMPLAINT IN DIVORCE UNDER SECTION 3301(c) OF THE DIVORCB CODE 1. The Plaintiff is Marcella A. Langford, an adult individual who currently residos at 1'17 Columbus Avenue, Apartment #12, Lemoyne, Cumber111nd County, Pennsylvania, 17043. 2. The Defendant is Michael E. Langford, an adult individual who currently resides at 2722 Kingston Drive, Natrona Heights, Pennsylvania 15065. 3. Plaintiff and Defendant were married on September 25, 1993 in Camp Hill, Pennsylvania. 4. Plaintiff and Defendant have resided in the Commonwealth of Pennsylvania for a period of at least six (6) monthll prior to this filing. 5. Defendant is not a member of the Armed Services of the United States or its allies. ~; -. " ", , ~ lit' .. , ,; '" i . 11"' ' " " IJ.. j 'I "IJ", . II) ,',. fir ("J , j IL' to, i:~ f, t:.; II "1 ) (J Ol ~J c, N '.:; \..., l-) (~ ~~ f' ~ , 4-~ ~ (\~ - '-& ..:::r- l'- - \'- .:::; '0 ~ ~"'~ v ....... ~~) ~i! " ~ " ~ I I ,~ ~ ~. U Q ~ i I'll ~ ~ ~ '" . ~r .{j . . ~ ~ ~ .0: ~ ~ ~I , f:l8 ~ r.l i !; ~8~ ..... . a .. . I ..,. ... " I .. I.' .' ,', " . J I . . < . i , . 1-" I , I I . 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