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HomeMy WebLinkAbout96-04864 . . .. PROPERTY SETTLEMENT AGREEMENT THIS AGREEMENT, msde this /6l:-'dey of ~(,J""'''l ' 1997, by and between SCOTT G. SNYDER, hereinafter callad "Husbend", end JILL R. SNYDER, herelnefter called "Wife". WITNESSETH: WHEREAS, Husband and Wife were legally married on September 28, 1990: WHEREAS, two chlldrsn were born of this marriage, Mason G. Snyder, born October 22, 1991, and Jacob A. Snyder, born Septamber 11, 1995; WHEREAS, differences have arlsF,ln between Husband and Wife In consequence of which they desire to live saparata and apart from each other; and WHEREAS, Husband and Wife desire to settla and determine their rights end obligations. NOW THEREFORE, In consideration of the premises end covenants contained herein, It Is agreed by and between the parties hereto that: 1, SEPARATION. It shall be lawful for eech party at all times hereafter to live separate and apart from each other et such plecs as he or she from time to time shall choose or deem fit. The foregoing provision shall not be taken as an admission on the part of either party of the lawfulness or unlawfulness of the causes laadlng to their living apart. 2, INTERFERENCES. Each party shall be free from Interference, authority and control by the other, t . as fully as If ha or she were single and unmarried, axcept as may ba necessary to carry out the provisions of this Agreement. Neither party shall molest or attempt to endeavor to molest the other, or In any way harass or malign the other, nor In any other way Interfere with the peaceful existence, separate and apart from the other. Each of the parties hereto completely understand and agree that neither shall do or say anything to the chlldron of the parties at any time which might In any way Influence the children adversely against the other party. 3. DIVISION OF REAL PROPERTY. Tha parties wera the owners of real estate titled as tenants by the entireties located at 604 Eighth Street, New Cumberland, Cumbllrland County, Pennsylvania. The pertlas have sold and sattled on said property and, after the paymant of all liens and costs, have equelly divided tha net proceeds. The parties agree that, In the event capital gain arises from the sale, they will share equally the gain. 4, QIYlSION OF PERSONAL PROPERTY. The parties hereby have divided their major Items of personal property Including, but not limited to, household goods and furnishings and parsonal effects as follows: Wife shall become the sole owner and Husband shall waive eny claim to the Items more speclflcelly set forth on Exhibit" A". Husband shall become the sole owner and Wife shall waive any claim to the Items more specifically set forth on Exhibit "B". 2 , . Any Items of personel property not speclflcelly Identified on Exhibits "A" and "B", shell be divided es the parties shell agree, 6. CUSTODY AND VISITATION, The pertles shell share legal and physical custody of their minor children, Mason G. Snyder, born October 22, 1991, and Jacob A. Snyder, born Septembar 11, 1996, on an equal basis. The parties shall agree upon and datermlne the equally shared custody schedule at the time that either party vacates the merltal residence. 6. CHILD SUPPORT. Given the shared custody arrengement, tha parties egrae that thay will equally share expenses relating to the children to Include, but not be limited to, clothing, day care and medical expenses not covered by Insurance. This arrangement shall continue so long as the parties equally share custody. In addition, the parties shall share equally the cost of any Increase In the cost Wife pays for medical coverage for the minor children over and above the amount Wife pays at the time of the entry of this Agreement consistent with Paragreph 7 hereof. 7. MEDICAL INSURANCE, Wife agrees that she shall carry the minor children on medical coverage es provided by her employer, 3 . Wife shell retain 8S her 8010 and separato property. her IRA with 106, Eeeh party walvas any claim they may have to the other'~ IRA. 11. MARITAL DEBTS. Husband shall retain os his sole end separate obligation the following debts: 1. Sears. Account No. 114 84111 46442 7 with on approximate balance of $400.00; 2. J,C. Penney. Account No. 072 722 791 01 with en epproxlmate belance of $350.00; and 3. First Card Visa . AccO\lI1t No. 4250 462 635 664 with an approximate balance of $400.00. Wife shall retain as her 5010 and separato obligation the following debts: 1, Texaco. Account No. 138305652828001 with an approximate balance of $100.00: 2. Boscoy's. Account No. 0039'17290 with an approximate balance of $300.00: and 3. PNC Mastercard. Account No. 54470500 0107 9768 with an approximate balance of $1/000,00. Each party shall Indemnify and hold the other harmless on the debts for which thay have ass\Jmad sole responsibility. All t\lrther da~ts incurred by the parties shall " ba thalr Individual responsibility. 5 . , 2, BANK ACOOUNT.S.. The parties have divided to their mutual satisfaction, ell bank accounts held by them during their marriage. Any accounts previously divided, shnll ramaln the sole end seperate property of the perty In possession of the said eccount. 13, BREACH. If either party breaches eny provision of this Agreement, the other perty shall have the right, et his or her election, to sue for damages for BlICh breach. The party breaching this contract shall be responsible for the payment of legal fees and costs Incurred by the other In enforcing his or her rights under this Agreement, or seeking such other remedy or relief as may be available to him or her. 14. FULL DISCL05UFU;. Husband and Wife each reprosont and warrant to the other that he or she has made a full and complete disclosure to the other of nil nssots of any nature whatsoever In which sllch party of every type whatsoever and all other facts relating to the subject matter of this Agreement. 16. AQ.QITI 0 NAI"J~tmtM.E.I~.L Each of the pmtles shall on domand execute and deliver to the other any deeds, bills of sele, assignment, consents to change of bepeflclary on Insurance policies, tax returns and other docilments and do or callsed to be done any other oct or thing that 6 he or sho may now have or hereafter aoqulre, under the present or future laws of any Jurlsdlotlon, to share In the property or tho ostato of tho othor as 0 rosult of tho morltal relatlonshlp,lncllldlng wlthoutllmlllltlon, dowor, ourtsy, statutory allowanco, widow's allowanco, right to tako In Intostacy, right to tako against tho Will of tho othor, and right to oct os mJmlnlstrutor or oxoclItor of tho othor's 05tOtO, and oach will, to tho roquost of the othor, oxecuto, acknowledge, and dollvor any Elnd all Instruments which may bo nllcossary or advlsablo to carry Into offoct this mutual walvor and rollnqulshment of all sllch Intorosts, rights and claims. 19. BfPRESENTATION. It Is rocognlzed by the partllls hereto that Scott G. Snyder Is represanted by John J. Connolly, Jr., Esquire and Jill R. Snydor Is represllnted by Bruce F, Bratton, Esquire. It Is fully understood and agreod that by the signing of this Agroomont, each party lmdorstflnds tho logallrnpact of this AgreolTlnnt Emd further acknowledges that tho Agreemont Is fair and roasonable and each party Intends to be legally bO\lnd by tho terms hereof. 20. Y,O.11LNTARY EX~CUTlON. The provisions of this Agreomont are fully understood by both parties and oach party acknowlodges that this Agreement I~ fair alld equitable, that It Is being entered Into volllntarlly ond that It Is not the rosult of allY duress or llndue InfllJencEl. 8 each paragraph hereof shall be deemed to be a seperote and Independent COVenant and agreement. 26. ~OID CLAUSES. If ony term. condition, clause, or provision of this Agrccment sholl be determined or declared to be void or Invnlld In law or othorwlso, thon only thot torm, condition, clause or provision sholl bo stricken from this Agreomont and In all other resPQcts this Agreemont shall be valid and continue In full force, effoct and operation. 27, gJUBY~Qf_.P.il/BEJ;. It Is tho Intention of the parties that tills Agreoment shall sllrvlve any action for divorce which may bo InstltlJlod or prOSCclltod by elth(Jr party and no order, Judgement or decree of divorce, tempormy, final or permanont, shall affect or modify the flnanclol terms of this Agreement. Tills A{Jrooment shall be modo a part of any such Judgment or decree of final divorce. 28. Q1Y_QB.ill:-8Cllil.N, The parties 5h<1I1, at the explrotlon of nlnGty (90) clays from tho service of tho Complaint In Divorce, execute all documents necessary to fln<illzo tile divorce action Indoxed to number 96 . 4864 Civil, 111 tho Court of Common Ploas, Cumberland County, Pennsylvania, as well as Affidavits of Consent and WalvGrs of Counsollng end Welvers of Notice of Intention to Requost Entry of II Divorce Decrc>o. 10 ',- Cl i" oN ..,. " ..' j.~ ,..- {J; (". ),,; ~\; :t": I)' F" ,'- I;:! .:.;\\ "'\ ,'II 6" 1'1 I (.~ :\' ~;: ! (ij u:\ '.'Hl. I >-;1 '" II. r- ,,) l.J 0' ';.I '" ,j )1 " " , " " " , , , , ,,, " I , , , , II " , , I' " " , , " ,,' ;1\ " " v. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 96-41164 IN DIVORCE JILL R, SNYDER, Plaintiff SCOTT G. SNYDER, Defendant PRAECIPE TO TRANSMIT RECORD TO THE PROTHONOTARY I Transmit the record, together with the following information, to the Court for entry of a Divorce Decree I 1, Ground for divorce I Irretrievable breakdown under Section 3301(c) of the Divorce Code. 2. Date and manner of service of the Complaint I By Acceptance of Service executed by John J. Connelly, Jr., Esquire on September 13, 1996 on behalf of the Defendant. 3. (a) Date of execution of the Affidavit of Consent required by Section 3301 (c) of the Divorce Code I By Plaintiff on January 16, 1997 and by Defp-ndant on January 13, 1997, (b) Date of Execution of the plaintiff's Affidavit required by Section 3301(d) of the nivorce Code: Not applicable. (c) pate and manner of service of Notice of Intention to file Praecipe to Transmit Record, a copy of which is attached, if. the Decree is to be entered under Section 3301(c) of the Divorce Code I Not applicable _C Waiver of Notice of Intent executed by Plaintiff on January 16, 1997 and by Defendant on January 13, 1997 and filed herewith. 4, Related claims pending I None raised by pleadings. 6, Date and manner of service of Notice of Intention to file Praecipe to Transmit Record, a copy of which is attached, if the Decree is to be entered under Section 3301(d) (i) of the Divorce Code I Not applicable, Respectfully subm~tted, / MARTS~ N. ( _ By ~uce F. Bratton, Esquire Attorney I.D. No. 23949 2515 North Front Street P. 0, Box 12106 Harrisburg, PA 17108-2106 (71 7) 236-4241 Attorneys for Plaintiff Date I ~.I ~,u44'~ 11 '" 1;; C;:l .,. N I"" .,. r:, C.'l " " .I...r.- ~F '. j '''~ ~r.: ' ...", , ..,~ I I.' 00.. " ~J I ,\ ~', .1 It... fIl~: <'\, of'{/1 IN 1.) ". , ~l fill "I., ft '. !Ij~ I ." 115 ", .... '...J 0' ('J '" 'i' I,tl , ',' " , /, ", 1 , ", " , , , " ,I " " " " , " ;1 r I L " , JILL R. SNYDER, Plaintiff v, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION . LAW NO, 1~' q frc 4- (t~~l IN DIVORCE SCOTT G. SNYDER, Defendant NOTICE TO DEFEND AND CLAIM RIGHTS You have been sued in Court. If you wish to defend against the claims set fort.h in the following pages, you must take prompt action, You are warned that if you fail to do so, the case may proceed against you and a Decree of 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 at the Cumberland County Courthouse, One Courthouse Square, Carlisle, Pennsylvania, Ir YOU DO NOT rILB A CLAIM rOR ALIMONY, DIVISION or PROPBRTY, LAWYBR'S rBBS OR BXPENSES BErORE A DIVORCE OR ANNULMBNT IS GRANTBD, YOU MAY LOBB THB RIGHT TO CLAIM ANY or THBM. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. Ir YOU DO NOT HAVE A LAWYER OR CANNOT AFPORD ONE, GO TO OR TELEPHONE THE OPPICB SET PORTH BELOW TO PIND OUT WHERE YOU CAN GET LEGAL HELP. Court Administrator 4th Floor, Cumberland County Courthouse Carlisle, PA 17013 'l'elephone: (71'7) 240-6200 AVISO PARA DEFENDER Y RECLAMAR DERECHOS Uated ha sido demandado en la Corte. si desea defenderse de las quejas expuestas en las p6ginas siguientes, debe tomar acci6n con prontitud. Se le avisa que si no se defiende, el caso puede JILL R. SNYDER, Plaintiff v. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION . LAW NO, IN DIVORCE SCOTT G. SNYDER, Defendant COMPLAINT UNDER SECTIONS 3301(c) AND-ldl OF TilE DIVORCE CODE Count I 1. Plaintiff is Jill R, Snyder, who currently resides at 504 Eighth Street, New Cumberlalld, Cumberland County, Pennsylvania. 2. Defendant is Scott G. Snyder, who currently resides at 504 Eighth Street, New Cumberland, Cumberland County, Pennsylvania. 3, Plaintiff and Defendant have been bona fide residents in the Commonwealth for at least six months immediately previous to the filing of this Complaint, 4. Plaintiff and Defendant were married on or about September 28, 1990 in Lewisberry, York County, Pennsylvania. 5. There have been no prior actions of divorce or annulment between the parties, 6, Plaintiff has been advised of the availability of marriage counseling and that she may have the right to request that the Court require the parties to participate in counseling. 7, Plaintiff avers as the grounds upon which this action is basedl , ' fr; _0 fr.', j I" .. I.-r' ~I(l ,., I ; "," 0.;' . i ~. 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