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HomeMy WebLinkAbout96-05574 ~ I 1 .~ ... I I) . , - I It I ~ , i I I I I ~ i , , , I ~ .'IJ ~ .. I ~ ( .... ~ , SEPARATION AGREEMENT AND PROPERTY SE1'I'LEMENT This Agreement, made and entered into this (.j{ day of Fe b I~ '-'<.Ii ,1997, between Patricia Ann Marovich, of Cumberland COWlty, Pennsylvania, hereinafter referred to as "Wife", and George M. Marovich, Jr" of Cumberland County, Pennsylvania, hereinafter referred to as 'Husband', WHEREAS, the parties hereto are now Wife and Husband, having been lawfully married to each other on August 29, 1964 L'l Nnshvill~, Tennessee; WHEREAS, the parties hereto are now living separate and apart and desire to enter into an Agreement respecting their property rights, regardless of the actual separation or other character thereof and their other rights, including the Wife's right to support and maintenance; WHEREAS, both and each of the parties hereto have been advised of their legal rights and the implications of this Agreement and the legal consequences that may and will ensue from the execution hereof, and each has had the opportunity to consult with his or her own ccmpetent legal COWlSel independent of each other; WHEREAS, each party warrants, as part of the consideration of this Agreement, that each has fully and completely disclosed all information of a rmancial nature requested by the other, and that no information of such nature has been subject to distortion or in any manner being misrepresented; and WHEREAS, other than as set forth herein, Wife desires nnally and forever to relinquish all of her rights to be supported by the Husband and all of her right of dower, rights as heir or surviving spouse or otherwise, actual, currently existing, or inchoate, in and to the real and personal property of the Husband, now owned by him or which in the future may be owned by him, and all rights to allrnony, alimony pendente lite, counsel fees, or expenses and, other than as set forth herein, Husband likewise wishes to relinquish all his rights of curtesy, rights as heir or surviving spouse or otherwise, actual and currently existing or inchoate in and to the real and personal estate of the Wife, currently owned by her or which she may own in the future; NOW, THEREFORE, the parties hereto intending to be legally bound hereby do hereby mutually agree as follows: 1, Seplll'lltlon, Husband and Wife do hereby mutually agree and consent to live separate and apart and do further agree that it shall be lawful for the Husband and Wife at all times hereaner to live separate and apart from each other, and to reside, from time to time. at such place or places.... they respectfully shall deem fit, free from any control or restraint or interference, direct or indirect, by each other. 2, No Molestatlon, Harassment or Interference, Neither party shall molest, harass or interfere with the other or compel or endeavor to compel the other to cohabit or dwell with him or her by any means whatsoever, 3, Mutual Property and Estate Waiver. Except as otherwise expressly set forth herein, in which event such express provision shall take precedence over this paragraph, the parties hereto intend that from and after the date of this Agreement, neither shall have any spouse's rights in the property or estate of the other, and to that end both parties waive, relinquish, and forbear the rights of dower or curtesy, rights to inherit, rights to claim or take the Husband or Wife's or family exemption or allowance, to be vested with letters of administration or letters testamentary, or to take against any will of the other, and each agrees with the other if either should die intestate, his or her share shall descend to vest in his or her heirs at Jaw, personal representatives, and next of kin, excluding the other as though he or she had died a widow or widower, And each further agrees that should the other die testate, his or her property shall descend to and vest in those persons set forth in the other's Last Will and Testament as though the spouse so designated as beneficiary had predeceased the testator, The parties further agree that they may and can hereafter, as though unmarried. without any joinder by him or her, sell, convey, transfer or encumber any and all real estate and personal property which either of them now or hereaner own or possess and further agree that the recording of this Agreement shall be conclusive evidence to all of his or her right to do so, The said Husband and Wife do hereby irrevocably grant, each to the other. should I the exercise of this power hereby given be necessary, the right and the power to appoint one or more I, 'I i! times any person or persons whom the Husband or Wife shall designate to be the attorney.in-fact for the other, in their name and in their stead, to execute and acknowledge any deed or deeds, releases, quit claims, or satisfactions, under seal or othernise, to enable either party hereto to allenate his or her real or personal property, but without any power to impose personal liability for breach of warranty or otherwise, Each of the parties hereto further waives any right of election contained in Chapter 22 of the Pennsylvania Probate Estates and Fiduciaries Code. and any right to seek or have an equitable distribution of married property ordered by the Court subsequent to Section 3502 of the Divorce Code. Each of the parties hereto further agrees that neither sha11 herealler be u."der any legal obligations to support the other, pay any expenses for maintenances. funerol, burial, or otherwise for the other, and to that end each of the parties hereto does hereby waive any right to receive support, alimony, alimony pendente lite, cOUIl8el fees, expenses, or any type of fUlllllc'.a1 ,,""istance whatsoever from the other, except as otherwise expressly provided for herein, 4, Division of Personal Property. The parties agree that all items of personal property owned by them have been divide satisfoctorUy between the, Henceforth, all items of personal property in the possession of each party will remain the sole and exclusive property of that party, The Husband will be permitted to remove certain wildlife pictures from the marital home with the concurrence of the Wife, 5. Division of accounts, The parties are owners of several accounts and other instruments acquired during the marri'lge, The parties agree to divide these instruments and accounts as follow: a. The Wife will receive each and every account currently titled in her own name as I . her sole and exclusive property. b, The parties are owners of a Certificate of Deposit with Dauphin Deposit Bank and Trust Company of Harri._burg, Pennsylvania number 810068177.5 in the approximate principal amount of $15,000,00. This Certificate of Deposit will become the Bole and exclusive property of the Wife, c. The parties are owners of certain accounts with Dean Witter specifically account number 615054459, This account will become the sole and exclusive property of the Husband. d. The parties are owners of an investment known as Fogelman Carolina Properties Limited, This investment will become the sole and exclusive property of the Husband, e, The parties are owners oC certain investments with Prudential Securities and specifically =ount number 044.108194, This investment will become the sole and exclusive property oC the Husband. C, The parties are owners oC certain joint accounts with AAL Mutuals. These joint =ounts held by AAL Mutuals shall become the .ole and exclusive property of the Husband, g. The parties are owners of an annuity with American Partners Life, This annuity is in the name of the Husband and will become the sole and exclusive possession of the Husband, 5. Debts, The parties agree that each will be responsible for his or her own debts and all other marital debts have been jointly extinguished by the parties, 7. Future Debts, The parties further agree that neither will incur any more further debts for which the other may be held liable, and if either party incurs a debt for which the other will be liable, that party incurring such debt will hold the other harmless from any and all liability thereof. 8, Real Property, The parties agree that the real property Deeded in Wife's name and located at 55 Hoover Road, Carlisle, Cumberland Cotulty, Pennsylvania. shall be the sole and exclusive property of the Wife, 9. Pennsylvania Lottery Proceeds, parties are owners of an annuity through the Bureau of State Lotteries in the approximate principal amoWlt on a yearly basis of $151,298.74. The parties agree that the net amoWlt received each year will be split equally, 50/50, pursuant to a Qualified Domestic Relations Order which will be requested jointly by the parties through the Court of Common Pleas of Cumberland COWlty, Pennsylvania requesting the Bureau of State Lotteries to provide 50% each to the parties on a yearly basis, 10, ,Waiver of Allmony. In consideration of the mutual agreement of the parties voltultari1y to live separate and apart and the provisions contained herein for the respective benefit of the parties and other good and valuable consideration. the parties agree to waive any and all claims for any alimony, 11, Pension, Both parties agree to waive any claims they may have to any pension or employment benefits of any kind, earned during the marriage, by the other party, i , 12, Counsel Fees and Court Costs, The Husband will be responsible for all court costs necesoary to me a divorce action in the Court of Common Pleas of Cumberland County and each party agrees to be responsible for their own counsel fees, 13, Divorce, The parties acknowledge that an action for divorce between them has not yet been med but will be mes by the husband as outlined above, The parties acknowledge their intent to amicably di"""lve their marriage in such action and to obtain a fmal decree in divorce by mutually consenting and agreeing that their marriage is irretrievably broken and to settle amicably and fully their marriage in the said divorce action, The parties agree that they will execute simultaneously all necessary Affidavits of Consent and any other documents for the entry of a fmal divorce decree in that action. 14, Breach, In the event that either party breaches any provision of this Separation and Property Settlement Agreement. he or she shall be responsible for any and all costs incurred to enforce the tenns hereof, including, but not limited to, court costs and reasonable counsel fees of the other party, In the event of breach, the other party shall have the right, at his or her election, to sue for damages for such breach or to seek such other and additional remedies as may be available to him or her, 15, Enforcement, The parties agree that this marital settlement agreement or any part or parts hereof may be enforced in any court of competent jurisdiction, 16, Applicable Law and Execution, The parties hereto agree that this marital settlement agreement shall be constrned under the laws of the Commonwealth of Pennsylvania and shall bind the parties hereto and their respective heirs, executors and assigns, This docwnent shall be executed as original and multiple copies, 17. Tbe Entire Agreement, The parties acknowledge and agree that this marital settlement agreement contains the entire understanding of the parties and supersedes any prior agreement between them. There are no other representations, warranties, promises, covenants or understandings between the parties other than those expressly set forth herein, 18, Incorporation In Judgment for Divorce, In the event that either huaband or wife at any time hereaner obtain a divorce in the action for divorce pre.ently pending between them. or otherwise, this agreement and all of its provisions .halI be incorporated but not merged into any such judgment for divorce, either directly or by reference, The Court, on entry of judgment for divorce, shall retain the right to enforce the provisions and terms of this marital settlement agreement, 19, Additional Instruments. Each of the parties shall on demand or within a reasonable period thereaner, execute and deliver any and all other documents and do or cause to be done any other act or thing that may be necessary or desirable to effectuate the provisions and purposes of this Agreement. II either party fails on demand to comply with this provision, that party shall pay to the other all attorney's fees, costs, sod other expenses reasonably incurred as a result of such failure. IN WITNESS WHEREOF, the parties have set their hands and seals the day and ye~ f1l'St written above. WITNE~~ ta~w~~~ Patricia Ann M~ovich, Wife - 1.~7J1)MVlf.<.'-''I-Z , ' GEORGE M. MAROVICH, JR., Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO:I/t,-SS74 CIVIL TERM v. PATRICIA ANN MAROVICH, Defendant IN DIVORCE 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 Section 3301 (c) and/or 3301 (d) of the Divorce Code, 2. Date and manner of service of the complaint: Acceotance of Service filed on October 22. 1996, 3, Date of execution of the affidavit of consent required by Section 3301 (c) and/or 3301 (d) of the Divorce Code: by the Plaintiff Februarv 7, 1 qq7 ; by the Defendant February 6, 1997 Date of service of the Plaintiff's affidavit upon the Defendant: N/A 4. Related claims pending: None 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 3301 (d)(1 )(i) of the Divorce Code, N/A FLOWER, MORGENTHAL, FLOWER & LINDSAY Attorneys for Plaintiff Date: '2 It /17 /'--:::=)..')- /11 ( , v;' ,I jI ! /1 ",,__--\... Roger M. Mor enthal, Esquire 11 East High Street Carlisle, PA 17013 (717) 243-S513 Attorney 1.0. No. 17143 By: Plaintill IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO: q~ . j.,- " 7A/ CIVIL TERM CIVIL ACTION - DIVORCE GEORGE M, MAROVICH, JR" v, PATRICIA M. MAROVICH, Defendant NOJICE YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set forth in the following pages, you must tilke prompt action, You are warned that if you fail to do so, the case may proceed without you amJ a clecree 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 ProthDnotary at the Cumberland County Court House, Carlisle, Pennsylvania, 17013, IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY, LAWYERS FEES OR EXPENSES BEFORE A DECREE OF DIVORCE OR ANNULMENT 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, Court Administrator, Fourth Floor Cumberland County Court House Carlisle, Pennsylvania 17013 (717) 240-6200 >-- --- -r Q -1 ,-.') d: - . 0' 'd P.. '"') 0 , 0 r-.:. , ':t , ~ , I..n ~ Q ::; -=A - ~ ~ (j ci.. >- 0' >- 0; N .. >~ N ~.) C' ",~ ~;o, ::c )~ fEe "-f" a... ~ :):::J 2;c '>- , C'v ~. r.f) !::j(' N . J;':::: I:' .... '-;.::- u: ':.0 F= '-' .~)a. c '-'- '-D -:s 0 CT> C> >- C" - c; " j::': (~ .-,: c' ~3:,- , r.L: ~j " ';~1 Lt._ '.'.. 'l':~ c::' ~~ L~L U.II., ";..0 _.1,.. Co;', :;~ U:::",,' I...; :-- W.. , l'. I- .::> 0 C' (..) \ >- C:, ~:Ji; c-~ -' U.!(~ (.J .,..~ -, a:~..l ~, , --:~j u.?" : 0.: ~'.! CJr., 0:) L'.." -J~. . ~' ::P fie,; t.:.J f" L,_ u... r~ ,;" 0 0' .,:.)