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HomeMy WebLinkAbout96-05263 ,) /0 (/) J/C' .r;) !tj 'lpy ItI~J:i -t ."./5 0f#HU'", '74 -f. /) -/ .r:;# /?'7./c~ /-tfC"J.!r/ ..2 '-:ft"" ' - PROPERTY SETTLEMENT AGREEMENT THIS AGREEMENT, made this /7(>. day of '1A-"~':1 ' 1997, by and between MARGARET G. BOLGER, of Camp Hill, Cumberland County, Pennsylvania (hereinafter referred to as "WIFE") and JOHN J. BOLGER, of Camp Hill, Cumberland County, Pennsylvania (hereinafter referred to as "HUSBAND"): WITNESSETH: WHEREAS, the parties were married on July 4, 1992, in Harrisburg, Dauphin County, Pennsylvania, and; WHEREAS, diverse, unhappy differences, disputes and difficulties have arisen between the parties and it is the intention of WIFE and HUSBAND to live separate and apart, and 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 all matters between them relating to the ownership and equitable distribution of real and personal property; settling of all matters between them relating to the past, present and future support, alimony and/or maintenance of WIFE by HUSBAND or of HUSBAND by WIFE; and in general, the settling of any and all claims and possible claims by one against the other or against their respective estates. NOW, THEREFORE. in consideration of the premises and ofthe mutual promises, covenants and undertakings hereinafter set forth and for other good and valuable consideration, 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 fo\1ows: 1. SEP~TION AND INTERFERENCE: HUSBAND and WIFE shall at a\1 times hereafter have the right to live separate and apart from each other and to reside from time to time at such place or places as they shall respectively deem fit, free from any control, restraint or interference whatsoever by the other. Neither party shall molest the other or endeavor to compel the other to cohabit or dwell with him or her by any legal or other proceedings. Neither party shall not harass or malign the other. The foregoing provisions shall not be taken to be an admission on the part of either HUSBAND or WIFE of the lawfulness or unlawfulness of the causes leading to their living apart. 2. AGREEMENT NOT A BAR TO DIVORCE PROCEEDINGS: This Agreement does not prevent HUSBAND or WIFE from seeking a divorce on lawful grounds as such grounds now exist or shall hereafter exist. This Agreement dces not prevent HUSBAND or WIFE from utilizing defenses that may 2 be available to either party in a divorce situation. The parties, by executing this Agreement, do not intend to condone any past or future act or acts of either party which may have caused a separation and/or divorce nor shall this Agreement be deemed a condonation. 3. SUBSEQUENT DIVORCE: The parties hereby acknowledge that HUSBAND has filed a Complaint in Divorce in Cumberland County to Docket No. 96-5263, claiming that the marriage is irretrievably broken under Section 3301(c) of the Pennsylvania Divorce Code. The parties agree that the marriage is irretrievably broken and they intend to execute any and all Affidavits or other documents necessary for the parties to obtain an absolute divorce pursuant to Section 3301(c) of the Divorce Code upon request of the other. The parties hereby waive all rights to request court ordered counseling under the Divorce Code. It is further specifically understood and agreed by the parties that the provisions of this Agreement as to equitable distribution of property of the parties are accepted by each party as a final settlement for all purposes whatsoever, as contemplated by the Pennsylvania Divorce Code, Should a decree, judgment or order of 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 3 be affected in any way by 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 is the specific intent of the parties to permit this Agreement to survive any judgment and to be forever binding and conclusive upon the parties. 4. INCORPORATION IN DIVORCE DECREE: The parties agree that this Agreement shall be incorporated in any decree hereinafter entered by any court of competent jurisdiction in any divorce proceedings for the purpose of enforcing the contractual obligations of the parties. This Agreement shall not be merged in any such decree. This Agreement shall be forever binding and conclusive upon the parties. 5. 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 this Agreement on the same date. Otherwise, the "date of execution" or "execution date" of this Agreement shall be definlld as the date of execution by the party last executing this Agreement. 4 6. MUTUAL RELEASE: HUSBAND and WIFE each do hereby mutually remise, release, quit-claim and forever discharge the other and the estate of such other, for all time 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, of whatever nature and wheresoever situated, which he or she now has or at any time hereafter may have against the 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, or claims in the nature of dower or curtesy or widow's or widower's rights, family exemption or similar allowance, or under the intestate laws, or the right to take against the spouse's will; or the right to treat a lifetime conveyance by the other as a testamentary, or all other rights of a surviving spouse to participate in a deceased 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 shall have for past, present or future support or maintenance, alimony, alimony pendente lite, counsel fees, division of property, costs or expenses, whether arising as a result of the marital relations or otherwise, except, all rights and agreements and obligations of whatsoever nature arising or which may arise under this Agreement or for the breach of any provisions thereof. It is the intention of HUSBAND and 5 WIFE to give each other by the execution of this A,,"Teement a full, complete and general release with respect to any and a\1 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. It is further agreed that this Agreement shall be and constitute a full and final resolution of any and all claims which each of the parties may have against the other for equitable division of property, alimony, counsel fees and expenses, alimony pendente lite or any other claims pursuant to the Pennsylvania Divorce Code or the divorce laws of any other jurisdiction. 7. REPRESENTATION BY COUNSEL: HUSBAND had this document prepared pursuant to WIFE's request. EMILY L. HOFFMAN. Esquire, counsel for HUSBAND, drafted this document and has advised and represented HUSBAND in this matter. At the commencement of and at all stages during the negotiation of this Agreement, EMILY L. HOFFMAN has acted solely as counsel for HUSBAND and has not advised or represented WIFE in any manner whatsoever. WIFE, at all times, has elected not to be so represented by her own counsel. WIFE has read this Agreement carefully and thoroughly, fully understanding each of its provisions, and therefore signs it clearly and voluntarily. 6 HUSBAND and WIFE acknowledge that 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. The parties further acknowledge that they have each made to the other a full accounting of their respective assets, estate, liabilities, and sources of income and that they waive any specific enumeration thereoffor the purpose ofthis Agreement. Each party agrees that he or she shall not at any time raise as a defense or otherwise the lack of such disclosure in any legal proceeding involving this Agreement, with the exception of disclosure that may have been fraudulently withheld. 8. WARRANTY AS TO EXISTING OBLIGATIONS: Each party represents that they have not incurred or contracted for any debt or liability or obligation 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 indemnify and hold the other party harmless for and against any and all such debts, liabilities or obligations of every kind which may have heretofore been incurred by them, including those for necessities, except for the obligations arising out of this Agreement. 9. WARRANTY AS TO FUTURE OBLIGATIONS: HUSBAND and WIFE covenant., warrant, represent and agree t.hat, wit.h the exception of 7 obligations set forth in this Agreement, neither of them shall hereafter incur any liability whatsoever for which the estate of the other may be liable. Each party shall indemnify and hold hannless the other party for and against any and all debts, charges and liabilities incurred by the other after the execution date of this Agreement, except as may be otherwise specifically provided for by the terms of this Agreement. 10. DEBT OF THE PARTIES: HUSBAND agrees to pay and be solely responsible for any and all debts solely in his name. HUSBAND agrees to indemnify and hold WIFE hannless from any and all liability associated with said debts. WIFE agrees to pay and be solely responsible for any and all debts solely in her name. WIFE agrees to indemnify and hold HUSBAND harmless from any and all liability associated with <,aid debts. 11. PERSONAL PROPERTY: The parties have divided between them, to their mutual satisfaction, the personal effects, household furniture and furnishings, and all other articles of personal property which have heretofore been used by them in common, and neither party will make any claim to any such items which are now in the possession or under the control of the other. Should it become necessary, the parties each agree to sign any titles or documents necessary to give effect to this paragraph upon request. By these presents, each of the 8 parties hereby specifically waives, releases, renounces and forever abandons whatever claims he or she may have with respect to any personal property which is in the possession of the other, and which shall become the sole and separate property of the other from the date of execution hereof. 12. DMSION OF REAL PROPERTY: WIFE solely owns real property situated at 104 N. 25th Street, Camp Hill, Cumberland County, Pennsylvania. HUSBAND acknowledges that he has no claim, right, interest or title whatsoever in said property and agrees never to assert any claim to said property in the future. HUSBAND previously signed documents relinquishing all interest in said property and agrees to sign documents releasing any and all interest he may have in said property if requested by WIFE in the future. HUSBAND solely owns real property situated at 8813 Pennsylvania Avenue, Stone Harbor, Cape May County, New Jersey. WIFE acknowledges that she has no claim, right, interest or title whatsoever in said property and agrees never to assert any claim to said property in the future. WIFE previously signed documents relinquishing all interest in said property and agrees to sign documents releasing any and all interest she may have in said property if requested by HUSBAND in the future, 9 13. AFTER-ACQUffiED 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 or mixed, tangible or intangible, which are hereafter acquired by him or her, with full power in him or her to dispose of the same as fully and effectively, in all respects and for all purposes as though he or she were unmarried. 14. BANK ACCOUNTS: HUSBAND and WIFE acknowledge that they each possess certain bank accounts and the like in their respective names. They hereby agree that each shall become sole owner of their respective accounts and they each hereby waive any interest in, or claim to, any funds held by the other in such accounts. 15. STOCKS: The parties agree that any stocks held in that party's name alone shall remain the sole and exclusive property of that party. They each hereby waive any interest in, or claim to any stocks held by the other. 16. PENSIONS. ANNUITIES AND/OR RETIREMENT BENEFITS: WIFE agrees that any monies which HUSBAND has acquired through his interests in either pensions, profit sharing, savings and thrift plans, annuities, IRA and/or retirement benefits through his present or past employers shall remain 10 his sole and exclusive property. WIFE agrees to waive any interests she may have in such property and further agrees that she will not assert any such claim in the future. WIFE agrees to sign any documents now or in the future necessary to make this Paragraph effective. HUSBAND agrees that any monies which WIFE has acquired through her interests in either pensions, profit sharing, savings and thrift plans, annuities, IRA and/or retirement benefits through her present or past employer shall remain her sole and exclusive property. HUSBAND agrees to waive any interests he may have in such property and further agrees that he will not assert any such claim in the future. HUSBAND agrees to sign any documents now or in the future necessary to make this Paragraph effective. 17. MOTOR VEHICLES: The parties agree to retain the vehicles titled in their respective names and in their possession. They each hereby waive any interest in, or claim to the vehicle titled in the other's name. 18. COUNSEL FEES: Each party shall be responsible and pay for their own counsel fees and costs. \1 19. INCOME TAX PRIOR RETURNS: The parties have heretofore filed joint Federal and state tax returns. Both parties agree that in the event any deficiency in Federal, state or local income tax is proposed, or any assessment of any such tax is made against either of them, each will indemnify and hold harmless the other from and against any loss or liability for any such tax deficiency or assessment and any interest, penalty and expense incurred in connection therewith. Such tax, interest, penalty or expense shall be paid solely and entirely by the individual who is finally determined to be the cause of the misrepresentations or failures to disclose the nature and extent of his or her separate income on the aforesaid joint returns. 20. APPLICABILITY OF TAX LAW TO PROPERTY TRANSFERS: The parties hereby agree and express their intent that any transfer of property pursuant to this Agreement shall be within the scope and applicability of the Deficit Reduction Act of 1984 (hereinafter the "Act"), specifically, the provisions of said Act pertaining to the transfers of property between spouses and former spouses. The parties agree to sign and cause to be filed any elections or other documents required by the Internal Revenue Service to render the Act applicable to the transfers set forth in this Agreement without recognition of gain on such transfer and subject to the carry-over basis provisions of the said Act. 12 21. WAIVER OF ALIMONY: HUSBAND and WIFE recognize and acknowledge that the foregoing provisions for their individual benefit are satisfactory with regard to support and maintenance, past, present and future. The parties release and discharge the other absolutely and forever for the rest of their lives from all claims and demands, past, present or future, for alimony or for any provision for support or maintenance, except as specifically provided for herein. The parties further acknowledge that in consideration of the transfers made herein each completely waives and relinquishes any and all claims and/or demands they may now have or hereafter have against the other for alimony, alimony pendente lite, spousal support and counsel fees, except as specifically provided for herein. 22. EFFECT OF DIVORCE DECREE: The parties agree that, except as otherwise specifically provided herein, this Agreement shall continue in full force and effect after such time as a final Decree in Divorce may be entered with respect to the parties. 23. 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 or seek such other remedies or relief as may be available to him or her, and the party breaching this contract shall be responsible for 13 payment of reasonable legal fees and costs incurred by the other in enforcing their rights under this Agreement. 24. WAIVER OF CLAIMS: Except as herein otherwise provided, each party may dispose of his or her property in any way, and each party hereby waives and relinquishes any and all rights he or she shall now have or hereafter acquire, under the present and 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, widow's 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, and each will, at the request of the other, execute, acknowledge and deliver any and all instruments which may be necessary or advisable to carry into effect this mutual waiver and relinquishment of all such interests, rights and claims. 25. ENTIRE AGREEMENTS: This Agreement contains the entire understanding of the parties and there are no representations, warranties, covenants or undertakings other than those expressly set forth herein. \4 26. AGREEMENT BINDING ON HEIRS: This Agreement shall be binding and shall inure to the benefit of the parties hereto and their respective heirs, executors, administrators, successors and assigns. 27. ADDITIONAL INSTRUMENTS: Each of the parties shall from time to time, at the request of the other, execute, acknowledge and deliver to the other any and all further instruments that may be reasonably required to give full force and effect to the provisions of this Agreement. 28. VOID CLAUSES: If any term, condition, clause or provision of this Agreement shall be determined or declared to be void or invalid in law or otherwise, then only that term, condition, clause or provision shall be stricken from this Agreement and in all other respects this Agreement shall be valid and continue in full force, effect and operation. 29. INDEPENDENT SEPARATE COVENANTS: It is specifically understood and agreed by and between the parties hereto that each paragraph hereof shall be deemed to be a separate and independent Agreement. 30. MODIFICATION AND WAIVER: A modification or waiver of any of the provisions of this Agreement shall be effective only if made in writing 15 COMMONWEALTH OF PENNSYLVANIA COUNTY OF )([(j<I-L;.. tI On this, ilirl7- day of ) ) SS: ) NOTARIAL SEAL MARGARET L BOYD. Notary Public City of ~a":i9burg. Dauphin County M CommIsSIOn Ex ires June 27. 2000 the undersigned officer, personally appear d JOHN J. BOLGER, known to me (or 1997, before me, a Notary Public, satisfactorily proven) to be the person whose name is subscribed to the foregoing Property Settlement Agreement and acknowledged that he executed the same for the purposes therein contained. IN WITNESS WHEREOF, I hereunto set my hand and official seal. C!lJ1a/L~Mi Idff! N'otary Public " : , u , C) L.: '. , ( I (_I~ ., t:-' L~ , i I " l_ " '__J , . _CompIetelt.mll ~O(:z lor addIt\oMI Mr\'lcel. _CompIM_lteITll3, 41, and 4b, .Prlnt your name and Icklt'll on the ~Vll'le 01 Ihlllonn 10 thai w. can relum lhil CArd 10 you. -Attach thl,'orm 10 lhe front ollhe mallplece, 0( on the back If 1911C8 doe, not permit _Wril.'Return R~lpt Rsque,led' on the mallplece below the article number. _The Relum Receipt w1lllhowlo whom the article wal delivered and the dale delivered. .' , ,\ ~ {' ( I also wish to receive the following services (for an extra fee): 1. D Addressee's Address i 2. ~ Restricted ll<lllvery ,i Consult postmaster for fee. 'S. 4a. Article Number 1 (J~.2)Lj 04-Y '-IVi ! 4b. Service Typo ~ o Registered at Certlfied i o Express Moll 0 Insurod I . o Retum Receipt for Merchanllso 0 COO _~ 7. Oo'oolOollv JiG i 8. Address s Addr i ond lee I pe/d) (: /) PS Fonn 38 1, December 1994 Domestic Return Receipt :r '" ru Ql -L ~ I<! . 'J ~ "--(..-. e \.; ...:,...~- 'm Ql._ r' :E.~(,--.-- 'Ci= :-.< \/; " .!!!~~~ -' u.. := en;.....) ~...-/ ..." " _'....... <I> t::- c ~ J " J ell ~~ '''''.(;r) UmE ,-' (~~" QI...>.E ' " .Sl 08'= ;::.' ~ i ~..... CD 0 ," .8':"> ~......, ~ o)l ';U ,.:) g- UJ. L 1Il._ III II) '..J Z fir '@ ell ~ ~ ri=. ~J B ~ n.g.=c:- ~-'i-'"3 ~cc~8 Oi-'~-- Q. -3 r,~ " ~- ,--," IT' U1 :r '- '" . (,)-- C(,j a. . oJ: il e t3 . oJ: " . < .. " " o .i ~ ~ " ~ :3 il " ~ ,66' I"dlf 'OOSE WIO; Sd g i We ~ ~ &1 2, ]; I~ :; (/)~ .'" <1> !;l a.ll> a:: 01 0 P '2'~ ~ " ~~ lrli Q. ~ E ~ a: o<l ;4 ~ ~~ ~ si b v. a::: If: 8 .... &. --0 r-J - <..) ..(-:) '" :r CJ JOHN J. BOLGER, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA NO. 96.5263 Civil Term v. MARGARET BOLGER Defendant CIVIL ACTION - LAW IN DIVORCE ~FFIDAVIT OF CONSENT 1, A Complaint in Divorce under Section 3301 (c) of the Divorce Code was filed on or about September 23, 1996, 2. The marriage of Plaintiff and Defendant is irretrievably broken, and ninety (90) days have elapsed from the date of the filing of the Complaint. 3, I consent to the entry of a final decree of divorce. 4. I understand that I may lose rights concerning alimony, division of property, attorney's fees or expenses if I do not claim them before a divorce is granted. 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. Date: Ii "'1-,\ I en ft?O;?~4/17 ,<3~ John Bolger K!ir.\ll I sf fY") r\l - '-Sl , ~ ~ ,- C'\ tJ'~ ~. r: UJC i-!:; ~:- ::ij. ":t. (.) ~.'-~ , fT:~ ::c ."_ ~l ; ". ~ ~ ~c < <I~: \l i-',. :~ _,] ~:_i ~ i! . (. 0" <;) ...:...J~" ~1~ -. <:> G:!,:,! c:c K ,-= '-'-' LL u.. ....- -- '~ 0 r- 5 "" u