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HomeMy WebLinkAbout96-05580 \ I SEPARATION AGREEMENT AND PROPERTY SETTLEMENT This Agreement, made and entered into this 0;0 P-. day ofJJq,C.ll..fY1 hv , 1996, between Kathy A. Varhola, of Cumberland County, Pennsylvania, hereinafter referred to as 'Wife", and Thomas M. Varhola, 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 April 15, 1989 in Broome County, New York; WHEREAS, there have been no children born of this marriage between Husband and Wife; 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 competent legal counsel independent of each other; WHEREAS, each party warrants, as part of the consideration of this Agreement, that each has fully and completely disclosed al1 information of a fInancial 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 fma1ly 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 alimony, 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 ad 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. Separation. HUBband and Wife do hereby mutually agree and consent to live separate and apart and do further agree that it shall be lawful for the HUBband and Wife at all times hereafter to live separate and apart from each other, and to reside, from time to time, at such place or places as they respectfully shall deem fit, free from any control or restraint or interference, direct or indirect, by each other. 2. No Molestation, Harassment or Interference. Neither party shall molest, har8BB 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, neithp.r 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 law, personal representatives, and next of kin, excluding the other as though he or she had died a widow or widower. And each further agrces 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 hereafter own or possess and further agree that the recording of this Agreement shall be conclUBive 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 the exercise of this power hereby given be necessary, the right and the power to appoint one or more times any person or persons whom the HUBband 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 otherwise, to enable either party hereto to alienate 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 shall hereafter be under any legal obligations to support the other, pay any expenses for maintenances, funeral, 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, counsel fees, expenses, or any type of fmancial assistance whatsoever from the other, except as otherwise expressly provided for herein. 4. Division of Personal Property. a. The parties agree that they have divided their items of personal property to their mutual satisfaction. Henceforth, each of the parties shall own, have and enjoy, independently of any claim of right of the other party, all items of personal property of every kind, nature and description and wheresoever situated which are now owned or held by or which may hereinafter belong to the Husband or Wife respectively, with full power to the Husband or Wife to dispose of the same as fully and effectually in all respects and for all purposes as if he or she were unmarried. b. The parties agree that the 1993 Buick Century shall be the sole and separate property of the Husband. c. Personal effects. All items of personal effect such as but not limited to jewelry, luggage, sports equipment, hobby collections and books but not including furniture or any other property, personal or otherwise specifically disposed of purs.umt to this agreement shall become the absolute and sole property of the party who has had the principal use thereof or to whom the property was given or form whom it was purchased, and each party hereby surrenders any interest he or she may have in such tangible personal property of the other. ~ , ,I II I' I, ,I " I: I! Ii I I 5. The partie. are the owners of real estate located at 22 Liberty Drive, Mt. Holly Springs. This property shall be the sole and exclusive property of the Husband provided however that he must sell or refmance within 5 months of the date of this agreement. If the residence is sold within 5 months any net profit from said sale shall be applied equally to the outstanding marital debt. 6. Debts. a. Husband. The Husband shall be solely responsible for the loan on the 1993 Buick Century and shall remove the Wife's name from said loan within 30 days of the signing of this Agreement. The Husband shall be solely responsible for the joint account at Northwest with a balance of $1,100.00 and shall refinance this account removing the Wife's name within 30 days of the date of this Agreement. The Husband shall be solely tesponsible for the Chase Visa, account no. 4228 1000 1827 9800, with a balance of $3,966.48. The Husband further agrees to hold Wife harmless and indemnify her from any liability on the above debts. b. Wife. The Wife shall assume the joint marital debt at JC Penney's with a balance of $253.00, Blockbuster Visa with a balance of $358.00, Road King with a balance of $110.93, Chevy Chase Visa with a balance of $3928.33, and an Associate Mastercard with a balance of $4,307.45. The Wife shall hold the Husband harmless and indemnify him from any and all liability on these debts. The Husband agrees to pay to the Wife the sum of $360.00 by December 15, 1996, and further agrees to pay to the Wife the sum of $100.00 per month beginning on November 1, 1996 and continuing until August 1, 1997. 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. Waiver of Alimony. In consideration of the mutual agreement of the parties voluntarily to live separate and apart and the provisions contained herein for the respective benefit of the parties and othef good and valuable consideration, the parties agree to waive any and all claims for any alimony. 9. 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. 1 , 10. Counsel Fees and Court Costs. The parties agree to be responsible for their own counsel fees and court costs. 11. Divorce. The parties acknowledge that an action for divorce between them has been med by Wife and is presently pending divorce between them in the Court of Common Pleas of Cumberland County to the caption Kathy A. Varhola v. Thomas M. Varhola, 98-5580 Civil Term. The parties acknowledge their intention and agreement to proceed in said action to obtain a fmal decree in divorce by mutual consent on the grounds that their marriage is irretrievably broken, and to settle amicably and fully hereby all claims raised by either party in the divorce action. The parties acknowledge they have executed simultaneously herewith the necessary Affidavits of Consent for the entry of a fU181 divorce decree in that action. 12. 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 terms 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. 13. Enforcement. The parties agree that this marital settlement agreement or any part or parts hereof may be enforced in any court of competent jurisdiction. 14. Applicable Law and Execution. The parties hereto agree that this marital settlement agreement shall be construed under the laws of the Commonwealth of Pennsylvania and shall bind the parties hereto and their respective heirs, executors and assigns. This document shall be executed as original and multiple copies. 15. The 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. " r' ,!) L.;~ I ;~I U (.) , u: , " y " ,', i~(\ -- u: C". .. U ,-,-. r- ') (.:.. 0' j >- ,.. tf: ,.; I.' l.'~ r- C' .~) VERIFICATION I verify that the statements made in the foregoing Divorce Complaint are true IUId correct. I understand that false statements herein made are subject to the pelUllties of Pa.C.S. Section 4904 relating to unsworn falsification to authorities. /oh/fr; Date ' Jov~ l~l~L Kat y Varh Ia -- J (- <J. ~ :A ~ C) p 2 ;:) Jl ..J -" " '.,; " ("- t_ .. [ ~ r~ ~ i 1 . I Lc~ . I '1./"- e,. f,; I" C, I C: ..... '-::1 I.. L. ; >- j cr.; -- 0 '" IJ.I':;' :i.~ c', ffY x: ~t ,. (. ~:;i c(-:: -3 ,~ ,rJj LJ..JL. --' ,-".. i:'-:!; . co . ~ :;;; r" .-'-' .Jjj L~ . ~~ U- '-I. r- ::j () Cl' 0 >- ~ :- '" '" ~ , .<<, . . l.u~,. ')'?" c.... o. ", -'..~ ;;;:: '-'<;; reS.. a... ') ?:~ ~[ .>- ~ 'U) (; 1--...... u.11:., '::;-::. CZ:~L C" ! ~ IJ L;.J ,.~a.. ,.- u... ~'j 1.'- r-- 0 '"' Cj t~ Cl /- Lf: " U.!l:_" 0". , ~ C.: ~;- 0: 1'_' ~...: 01; :j S~ , ., c-' " ft :; c~: . j F- L:.J " L<- u_ r- ~) (~ V ,-) z 069 />, 13 1,1,1, Receipt for Certified Mail -1J - .....<:,'.., N;' In~;Urd("": <:u'..:rol'I',' IJIIl/,,11_1I G,! 1I0! 1I!,'~ In! Int"flldtlt)lldl M,l;; 1:;\',' nl~Vl~t ',t. I ~:~~: ~ /:~.~~~~~'=J I', ",. '. 70 5 I1t ~Ho LLy Spu ngs, , $ M ". , .. , m " "r ,. , m ~ " , i/. ",'., , , 'I',' U i:.,r, , .. , ". ., ~ T:. ::; ,.;. $ 2.52 o o f" eo M E l5 u. Ul a. .,!."l",,.,,ij,j!.- October 9, 1996 ... NO R: I -Completellems 1 and/or 2 lor addltlonall8rvlce.. . _Complell tleme3, 4e. and 4b. I -Print your name and addroll on the reverse ollhls 'ann so that we can relum this card 10 you. _Attach thlslorm to the front ollhe mallplece, or on the back If apace does nol ! po""'. eI -Write'Rerum Receipt RaqUIJSled" on the mallplece below the article number. -5 -The Return Receipt will show 10 whom the article was dallvered and the dale c deUvered. o ~ a. !l u 3. Article Addressed to: I alsowis following axtra faa): Ii 1. D ~ e~'i- os 'i:, 2. D Rastrtctad Dallvary ell Consult postmaster for fee. c. 4a. Article Number 1 a: Z U69 873 666 E 4b. Sarvlca Typa ~ ~ o Reglstarad I2l Certlfiad a: '" o Express Mail 0 Insured I: ;; tzI Relum Recelpllor Merchandsa D COD ~ 7. Date of DeUvery .2 It? -16"'~ [ B. Addressee's Address (Only If requested ~ and lea Is paid) ~ (: ThomaS M. Var.hola 22 Liberty Drive ~t. Holly Springs, PA 17U oS ~C\\-O~ : (Prinl Name) t \ ( .'M.\J~ !5 6. Signature: (Addresses or Agent) ~ X .!! PS Form3811, December 1994 '\(<";)~~! '\~')'?r~ '\.((".)~zt:'\.("..)7!.'2._ 1,,,111,,,111,,..11,,,1,1,,..1111,,,,,1,\,1 >- '0 >- c. ;:~ cO) ,.. U..IC. .~ oj, (.)- ' ):~ B:~ : ):'T: ~( !~ u.;, 1;: . 'fJ .-, "J;.. L,,:(' ,. 'z f- ( .. i1i] C.. :10.. " t.:) ::; c! (:1 U .- .~) i.!: lr. ,. lJJ: c: -' (J u: ~. \.t. ~.,- ~'~J 0:" L":I ! i,O : ; Ul'-- C"',! ::.~ ~ n:..~ :il w. ~.J : .:.'- ,'" u.. L'_ r- ~::5 C.. o~ 0 .. ... . . ~ . @ .Ib C". ~"Q, Uo ~ .~ j t 4 s= L (:1 i -- , , (': , ',_.- , , L.. ~ ,'. , , r . , . <.;" '..J SHERIFF'S RETURN - NOT FOUND CASE NO: 1996-05580 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND VARHOLA KATHY A VS. VARHOLA THOMAS M R. Thomas Klin~ , Sheriff, who being duly sworn according and inquiry for the within to law, says, that he made a diligent search named defendant, to wit: VARHOLA THOMAS M but was unable to locate Him in his bailiwick. He therefore returns the PETITION FOR CONTEMPT NOTICE FOR PETITION FOR CONTEMPT RULE NOT SERVED , as to the within named defendant VARHOLA THOMAS M ADVISED BY ATTORNEY NOT TO SERVE CIVIL PAPER. Sheriff's Costs: Docketing Service Affidavit Surcharge 18.00 .00 .00 2.00 So an..8.wer.s:. .././' ... /.f. / , .~;:;. . r ?.' ';,.-:', _/ (', .,. H. t'l'homas K11n~j 5herJ...t:t $~~.~~ ROBERT MULDERIG 08/11/1997 Sworn and subscribed to before me this II!!- day of OJ<.<Ai- 19 if, A.D. ~I!:f'-'- 0 iY\Ji1....... I.it~. YrothonotaI'y " KATHY A. V ARHOLA, Plaintiff, v. : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 9&6680 CIVIL TERM THOMAS M. VARHOLA, Defendant : CIVIL ACTION. LAW : IN DNORCE AND NOW, this 7 "!.- day of (- t )_ , 1997, upon consideration of the , I within Petition, a Rule is hereby granted upon Respondent, Thomas M. VarhoIa, to show cause why he ):mLE should not be hp.ld in contempt of Court for wilful failure to obey the Divorce Decree entered on March 6, 1997. A hearing is set for the ? 0-- day of n 'J " ,j- Number ~ of the Cumberland County Courthouse, Carlisle, Pennsylvania at , 1997, in Courtroom 9:tJl) ~.m. BY THE COURT: hi C). Lvvh7 (]Jj.~. C)z. J. TRUE COpy FROM RECORD In Test!fr\,)r.y 1/il!nrunf, I hore ur,lo S~ my t.,iffd :~I? l'~ ~j w s.~:jd C(:;~f~ (\\ i~~(\L~. P~. I nl~_~_day 01...1.,1'<---4-. 19 '17 ,,~ C ~...... ,Up-q,., Prothonotary KATHY A VARHOLA, Plaintiff, : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 96-5580 CIVIL TERM : CIVIL ACTION - LAW : IN DIVORCE v. THOMAS M. VARHOLA, Defendant n ':5 .. n PETITION FOR CONTEMPT ! ,-n 1:-;1 .,) , , 1',1 . , " TO THE JUDGE OF SAID COURT: The Petition of Kathy A Varhola, by and through her attorney, Robert .r. Muldiuig, E'~in,.e, . . respectfully represents: ',' ., It..) 1. A Decree in divorce was entered in the above caption case on March 5, 1997. A copy of which is attached as Exhibit "it:'. 2. The Court incorporated in the Decree the Property Settlement Agreement dated December 20, 1996, a true and correct copy of which is attached hereto, made a part hereof and marked Exhibit "B". 3. Respondent has violated the terms of the said Agreement in that: a Paragraph 5 of said Agreement states: "The parties are the owners of real estate located at 22 Liberty Drive, Mt. Hoily Springs. This property shall be the sole and exclusive property of the Husband provided however that he must seil or refmance within 5 months of the date of this agreement. If the residence is sold within 5 months any net profit from said sale shall be applied equaily to the outstanding marital debt." Six months have elapsed since the date of the Agreement and the Respondent has not taken any actions to either refmance or sell the real estate. b. Paragraph 8b of said Agreement states in part: "The Husband agrees to pay to the Wife the sum of $360.00 by December 15, 1996, and further agrees to pay to the Wife the sum of $100.00 per month heginning on November 1, 1998 and continuing until August 1, 1997." As of Jun 1, 1997, Respondent has only paid five hundred doUars ($500.00). $:#)\.... .:Co' .:c,' .:+~ ..:tl.,.:!O}..:c',:c- .:c. ':C'. .:c. .:+} .:+:. .:+:. .:tl. .:+:. .:+} .:+} .:+:- ,:+:,':<,,:c<'.:~:.:w.;':Co.,,:..... .:+:- .':+} .:ec':~:I'~ ~ ~ OJ' ~' IN THE COURT OF COMMON PLEAS : $ ~ ~ ..' '" J ~ ~.~ OF CUMBERLAND COUNTY STATE OF '* PENNA. ~ '.' ~ ~ ~ ~ .~ .;i " ~ H' .............................. 'I ;1 IS (). .....~.~.::~.?~~... ................. 19 I~ l~ 1~ ~~ l~ ~~ l~ l ,~ )~ j".' I~ ( '.~ , . p~ l~ /'.' I*. 1-.' i ~:; :~ i~ ,',' , . , . .. ;~ ;~ I. ;~ ( . :~ ....[(a:t:h.y.t:~;..~~~Clla~. . Plaintiff, .', ~ ~ ? ...................................... '! V Cl'SUS ., ~, 'I ......................,..........[ ~ '.' ...:r.tlCl~ ,~~..Y~~Cl~".~.... Defendant ~ '.' ............... .............. ,I ~ ',' ," ~ '.' DECREE IN DIVORCE ~ ~ " ~l ~ AND NOW. . . .. ..~c;Il .~,.. .. . . . . . . . . .. ., '997..... it is ordered and decreed that... .. .~t;l).y .l)...V~l).Q~a. .... ....... . .... .. .. ....... plaintiff. and. . . .. .. .. ... . .. Thonas. Mo.. Varhola. . . . . ., .... . . . . . . . . . . . . . " defendant, are divorced from the bonds of matrimony. .', ~ ,'. ~ .. t: ~ ~.~ ::: ~ ~; ~ The court retains jurisdiction of the following claims which have been raised of record in this action for which a final order has not yet been entered; '.'. ,~ ~ ~~ ~.:.\ ~ ~?f, ~ The Property Settlerrent Agreerrent dated December 20, 1996 is to be .~ ~ >' .', ~ a .' ~ .', ~ .... ....................... ,.. ......... ... ...... ...... ........... .... ... ", * :~ .~ .~~~~~~~~.~,~~.~~Y9~~~.~~~~:........ ...... ......................... l3y The Couct: .~ ~ isLJ:..W!'!!'ileY..Oler,.Jr... ... Allest: J. ~ Lawrence E. Welker, Prothonotary #A~ (lZ !j ~,' ....-rrYld.... <:~"'~y 'P~oth~~~ta~y .~ 2 ,~ ~ _ CE~~ COpy IS~~~l!.).! 1997 ____~__.._..__._. ~ ~~~~~~~.~--~----*-**-****.>>***** ~ SEPARATION AGREEMENT AND PROPERTY SE'l'TLEMENT This Agreement, made and entered into this OJOA day of 7J12.c.<l.fY1 b<lf ,1996, between Kathy A. Varhola, of Cumberland County, Pennsylvania, hereinafter referred to as "Wife', and Thomas M. Varhola, 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 April 15. 1989 in Broome County, New York; WHEREAS, there have heen no children bom of this marriage between Husband and Wife; WHEREAS, the parties hereto are now living separate and apart and desire to enter into an Agreement respecting their property rights, regardless of tbe 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 competent legal counsel 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 fmancial 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 fInally 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 alimony, 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 mutunlly agree as follows: , 1. Separation. 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 hereafter to live separate and apart from eaeh other, and to reside, from time to time, at such place or places as they respectfully shall deem fit, free from any control or restraint or interference, direct or indirect, by each other. 2. No Molestation, Harassment or Interference. Neither party shall molest, harass or interfere with the other or compel or endea'fOr 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 law, 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 hereafter 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 the exercise of this power hereby given be necessary, the right and the power to appoint one or more times any person or persons whom the Husband or Wife shall designate to be the attarney-in.faet 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 otherwise, to enable either party hereto to alienate his or her real or personal property, but without any power to impose personal liability for hreach 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 shall hereafter be WIder any legal obligations to support the other, pay any expenses for maintenances, fWIeral. burial, or otherwise for the other, and to that end each of the parties hereto does hereby waive any tight to receive support, alimony, alimony pendente lite, counsel fees, expenses, or any type of ftnancial assistance whatsoever from the other, except as otherwise expressly provided for herein. 4. Division of Personal Property. a. The parties agree that they have divided their items of personal property to their mutual satisfaction. Henceforth, each of the parties shall own, have and enjoy, independently of any claim of right of the other party, all items of personal property of every kind, nature and description and wheresoever situated which are now owned or held by or which may hereinafter belong to the Husband or Wife respectively, with full power to the Husband or Wife to dispose of the same as fully and effectually in all respects and for all purposes as if he or she were unmarried. b. The parties agree that the 1993 Buick Century shall be the sole and separate property of the Husband. c. Personal effeets. All items of personal effect such as but not limited to jewelry, luggage. sports equipment, hobby collections and books but not including furniture or any other I property, personal or otherwise specifically disposed of pursuant to this agreement shall become the absolute and sole property of the party who has had the principal use thereof or to whom the property was given or form whom it was purchased, and each party hereby surrenders any interest he or she may have in such tangible personal property of the other. 5. The parties are the owners of real estate located at 22 Liberty Drive, Mt. HoUy Springs. This property shall be the sole and exclusive property of the Husband provided however that he must sell or refmance within 5 months of the date of this agreement. If the residence is sold within 5 months any net profit from said sale shall be applied equally to the outstanding marital debt. 6. Debts. a. Husband. The Husband shall be solely responsible for the loan on the 1993 Buick Century and shall remove the Wife's name from said loan within 30 days of the signing of this Agreement. The Husband shall be solely responsible for the joint account at Northwest with a balance of $1,100.00 and shall refllUlllce this account removing the Wife's name within 30 days of the date of this Agreement. The Husband shall be solely responsible for the Chase Visa, account no. 4226 1000 1827 9800, with a balance of $3,966.48. The Husband further agrees to hold Wife harmless and indemnify her from any liability on the above debts. b. Wife. The Wife shall assume the joint marital debt at JC Penney's with a balance of $253.00, Blockbuster Visa with a balance of $358.00, Road King with a balance of $110.93, Chevy Chase Visa with a balance of $3928.33, and an Associate Mastercard with a balance of $4,307.45. The WIfe shall hold the Husband harmless and indemnify him from any and all liability on these debts. The Husband agrees to pay to the Wife the sum of $360.00 by December 15, 1996, and further agrees to pay to the Wife the sum of $100.00 per month beginning on November 1, 1996 and continuing until August 1. 1997. 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. Waiver of Alimony. In consideration of the mutual agreement of the parties voluntarily to live separate and apart and the provisions contained herein for the respective benefit ofthe parties and other good and valuable considerntion, the parties agree to waive any and all claims for any alimony. 9. Pension. Both parties agree to walve any claims they may have to any pension or employment benefits of any kind, earned during the marriage, by the other party. to. Counsel Fees and Court Costs. The parti"" agree to be responsible for their own cOWlSel fees and court costs. 11. Divorce. The parties acknowledge that an action for divorce between them has been fIled by Wife and is presently pending divorce between them in the Court of Co=on Pleas of Cumberland County to the caption Kathy A. Varhola v. Thomas M. Varhola, 96-5580 Civil Term. The parties acknowledge their intention and agreement to proceed in said action to obtain a rmal decree in divorce by mutual consent on the grounds that their marriage is irretrievably broken, and to settle amicably and fully hereby all claims raised by either party in the divorce action, The parties acknowledge they have executed simultaneously herewith the necessary Affidsvits of Consent for the entry of a rmal divorce decree in that action. 12. 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 terms hereof, including, but not limited to, court costs and reasonable cOWlSel 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. 13. Enforcement. The parties agree that this marital settlement agreement or any part or parts hereof may be enforced in any court of competent jurisdiction, 14. Applicable Law and Execution. The parties hereto agree that this marital settlement agreement shall be construed under the laws of the Commonwealth of Pennsylvania and shall bind the parties hereto and their respective heirs, executors and assigns. This document shall be executed as original and multiple copies. 15. The 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 tmderstandings between the parties other than those expressly set forth herein. o CHASE PAYMENT OUE DATE NEW BALANCE 111/12RT $3,834.09 ACCOUNT NUMBER: 42261000 18279800 ""1lI1aJ1oI DUE $1 S3.DO Enter Amount EndOHd In 80... EWow $DDDDDDD PI.... INk. checa or rTlOfMfy Older p't"Ol. to CHASE VISA :~~.. --- ...' T~ C 009629 KATHY A VARHOLA 1435 SPRING RD CARLISLE PA 17013-1558 /...11I...11I."".11"11",,11,1,1,,1,1,/,,1...11,,1.1,,,,11I P.O. BOX 15583 WILMINGTON OE 19886-1194 1",11I,/"1"1,1"1,,11...,,11,,,11I,/,,,1,,11,,1,,.11...1,11 422~la001827'a00003a34a'OOOlS300'10030a fllnse de1aCh al~orafJOn ana r...m Wltl you, pay~nl o CHASE Your Ch_ Vlso Account ACCOUNTNUMBER:4~1~1~9~ HEW BAlANCE $3.834.09 ~TClOVfGDATE I 06117/97 CAGtt ACCESS UH~ $300 I DAV'IN~C'YCU: I L AVAlLABlECABfi ] $165 ._ PAYIIEHTDUEDATE 07112197 TOTALCREDrf l.ME fiOiALAVAlI.A8LE CREOn'I 54.000 L- $165 . Here is your Accounl SUIUIIIOry: - TOTAl.. P.....Oll. Balll1ce $3759.90 (-) POyrnonlo,Oredlto 0.00 (t) Pu_, 0Uh, Debota 18.00 (t) FINANCE CHARGES 56.le (=) Now l1a1II1ce 3834.09 MinJmum Due n.oo Pit' cu. - Pa Immedla 76.00 Uinimum Paymenl Due $153.00 Your charges amI credit. 01 a glance: TRAH. POST REF. DATE DATE NO. DEnCRIPTION OF TRANSACTIONS CREDITS CHARGES ~ ~ .; ~ ~ a 5 - i ~ ~ ~ ~ . 00117 06117 I:ATE<;'~~. ___..__.____________...___._ ____ _ _~.~ Total ot youtcr<<lita and cha,soe 0.00 18.00 DID YOU FORC;ET US? YOVR ACCOVNT IS PAST DUE, PROTECT YOUR CREDIT PRIVIU;CiES, REMIT PAST DUE TODAY. IF PAYMENT HAS BEEHMADf', THANK YOU. -- [Jere'. bow we "~h'rmln"d YOllr .""O"C" Churge*: "0'"'''' ANNUAL PERCENTAGE RATE 17.90% 19.80% -- AV!:RA.GE PERIODIC/MIN. TOTAL MON'M.Y [WlY FINANCE FINANCE IIERlODlC R.f.TE BAl.ANa: CHARGE CHARGE "reII.... V 1.481% $3615.40 $54.80 tM.m1 :.., V 1.550% tM.50 $1.39 $139 . P..... I" reve.... IIde for balance co~utatlon method and other frnpol1ant Informatlon. " Question, about your account? Credit Card loat or stolen? Call Chale Customer Service 24 houra ~ a day, 1 dayo a week at 1.800-441.7681 or write PO Box 15919, Wilmington, DE 19850,5919. ANNUAL PERCENTAGE RATE 17.90% 19.8OY. -- -- 'I1Cf paymenta to; Ch... VI.... P.O. Boa: 15583, WHMh_....._ nc ..ft................ , , 7172363574 P.03 Cha.. cardmembw S.rvloe. POB.x100 MaUltlon,IL60443.0100 a CHASE KATHV A VARHOLA 1435 SPRING RD CARLISLE. PA 17013-1558 1",11I...11I......"""",,",1.1,,1,1.1,,1...",,1,1,,,,11I Junp 27, 1997 Dear Kathy A Yarhola. Account 1'010: 4226-1000-1827-9S00 At Chase we make every effort to provide the best service to ollr customers. Your business is very important to us and we strive to make Chase your creditor of choic... We understand that there are times when even our best customers may miss a due dat... Therefore, we are sendinll this friendly reminder to inform you Ih"t we have not received the required minimum payment on your account. Please send your minimum payment of $lS3.00 now to bring your aCCllunl up-to-d.lll'. If your payment has already been mailed, we thank you. We appreciate your business and look forward 10 serving YOIl in the futun'. If yuu have any questions about your account, call one of our representatives at BOO-794-1396 between the hours of 8:00 AM to 9:00 PM local time. Monday through Friday, Saturday 9:00 AM to 5:00 PM and Sunday, Noon to 6:00 PM. Sincerely, fane,/; rg~ . rh.!]Oc:D {"':JrdaJprnhpr ~Pt.'J"irpc; -- _.- -'--- c. Paragraph 6a of said Agreement states in part: "The Husband shsll be solely responsible for the loan on the 1993 Buick Century and shall remove the Wife's name from said loan within 30 days of the signing of this Agreement.' The Respondent has taken no steps to remove the Petitioner'. name from this loan. d. Paragraph 6a of said Agreement states in part: The Husband shsll be solely responsible for the Chase Visa, account no. 4226- 1000-1827-9800, with a balance of $3,966.48. WHEREFORE, Petition respectfully prays this Honorable Court that the Respondent be held in The Petitioner has been receiving dunning letters on this account. Contempt of the aforesaid Divorce Decree and punished in accordance with the applicable provisions of law. 11/;7/9 7 Date Respectfully submitted, LAW OFFICES OF RON TURO ~ ~ i* .', I~ ~~ I... ,.tj I: :~ " i ~ i~ . ,/ l f~ , 1~ , " i ~ ; ~ .,. ~ I,', ':~ ',', ;~ * . ~ ~ ;~ . ~ ,~ , ~ ~ ~ ~ ~ ~ ~ J. ~ ~ ~ .. .:fe'. .:+:.' .:+:-- .:+:. .:+:. -:.;. ,:c-',:<<- .:c- .:co. .:c. .:.:- .:+:. .:.:. <to:. .:+:. <<<. .:.;. .:c. ':.:":'~':':<":.:-::':.:'::-:.;'..{.~" .:.:- .:+:. -:+x-.:<<-- .~. ~\ - ~~ ~\ i~ ~ I' :1 IN THE COURT OF COMMON PLEAS i: ~l OF CUMBERLAND COUNTY !~ ~ ~ !I STATE OF ~ PENNA. ~( ;:\ ~ ~ CERTIFIED COPY ISSUED MARCH 5, 1997 .r, _ ..- ~__________,_~. --------,--~_.,--..-..--..- " ~~._~-~~~-*-~-~~--~*---***~***~. ~ .., ,I<a1:llY,.,~ ~,..Y~~ola". Plaintiff, ......,.......... I~ 96-5580 ~ o. ~ <. ~. Versus ~ ..,,'l'h.()rna.s.~~,Y~~()la, Defendant 8 *- ',' ," ~ ~ ~ DECREE IN DIVORCE ~l .. ~ " AND NOW, ". , , ,~Gl'l ,~,,' " , '" , , , , " '. 1997",., it is ordered and decreed that..,.. ,l5q.~y ,~, ,Vij.l';l).Q~Q., . "". , " ' ",..., ,.....'", plaintiff, and. "",' " "', " Tharras. 101.. VarhoJ.a ' , , , , , . , , , , , , . ' , .. , , ". " defendant, are divorced from the bonds of matrimony. If ~ " ii :.~ ~ :'. ~ " $ $ The court retains jurisdiction of the following claims which have been raised of record in this action for which a final order has not yet been entered; The Property Settlement Agreement dated December 20, 1996 is to be ~ ~ y ~ ........ ....................... ........, ........ ............ ............ ", ~ '.' incorporated in the Divorce Decree. ............ ...... .............. ...... ......... ... .... ..................... ,'. ~ is/..J:. ..Wesley .Oler.". Jr. Atte.t: Lawrence E. Welker, Prothonotary +.YltZ... /<:<~~tf"H~ Hl'rolho~otnr~ ~ " ~ ~.~ [ly The Court: j; $ ~ :.~ SEPARATION AGREEMENT AND PROPERTY SETTLEMENT ThlsAgreement, made and entered into this ClOp.. day of JJQ.c..uYIbQ..r ,1996. between Kathy A. Varhola, of Cumberland County, Pennsylvania, hereinafter referred to as 'Wife', and Thomas M. Varhola, 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 April 15, 1989 in Broome County, New York; WHEREAS, there have been no children born of this marriage between Husband and Wife; 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 opportwlity to consuit with his or her own competent legal counsel 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 fmancial 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 finally 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 alimony, alimony pendente lite, counsel fees, or expenses and other tban 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. Separation. 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 hereafter to live separate and apart from each other, and to reside, from time to time, at such place or places as they respectfully shall deem fit, free from any control or restralnt or interference, dlrect or indlrect, by each other. 2. No Molestation, 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 aft.er the date of this Agreement, neither shsll 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, righta 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 law, 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 othel" 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 hereaft.er, 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 hereafter 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 the exercise of this power hereby given be necessary, the right and the power to appoint one or more times any person or persons whom the Husband or Wife shsll designate to be the attomey.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 otherwise, to enable either party hereto to alienate his or her real or personal property, but without any power to impose personal1iability for breach of warranty or otherwise. Each of the parties hereto further waives any right of election contalned in Chapter 22 of the Pennsylva."1ia Probate Estates and Fiduciaries Code, and any right to seek or bave an equitable dlstribution of married property ordered by the Court subsequent to Section 3502 of the Divorce Code. Each of the parties hereto further agrees that neither shsll hereafter be under any legal obligations to support the other, pay any expenses for maintenances, funeral, burial, or otherwise for the other, and to that end each of the parties hereto does hereby wolve any right to receive support, alimony, alimony pendente lite, cour.sel fees, expenses, or any type of flIl8Ilcial assistance whatsoever from the other, except as otherwise expressly provided for herein. 4. DIvision of Personal Property. l\. The parties agree that they have dlvided their items of personal property to their mutual satisfaction. Henceforth, each of the parties shall own, have and enjoy, independently of any claim of right of the other party, all items of personal property of every kind, nature and description and wheresoever situated which are now owned or held by or which may hereinafter belong to the Husband or Wife respectively, with full power to the Husband or Wife to dlspose of the same as fully and effectually in all respecta and for all purposes as if he or she were unmarried. b. The parties agree tbat the 1993 Buick Century shall be the sole and separate property of the Husband. c. Personal effects. All items of personal effect such as but not limited to jewelry, luggage, sports equipment, hobby collections and books but not includlng furniture or any other property, personal or otherwise specifically disposed of pursuant to this agreement shall become the absolute and sole property of the party who has had the principal use thereof or to whom the property was given or form whom it was purchased, and each party hereby surrenders any interest he or she may have in such tangible personal property of the other. 5. The parties are the owners ofreal estate located at 22 Liberty Drive, Mt. Holly Springs. This property shall be the sole and exclusive property of the Husband provided however tbst he must sell or refmance within 5 months of the date of this agreement. If the residence is sold within 5 months any net profit from said sale shall be applied equally to the outstanding marital debt. 6. Debts. a. Husband. The Husband shsll be solely responsible for the loan on the 1993 Buick Century and shall remove the Wife's name from said loan within 30 days of the signing of this Agreement. The Husband shall be solely responsible for the joint account at Northwest with a balance of $1,100.00 and shall refinance this account removing the Wife's name within 30 days of the date of this Agreement. The Husband shall be solely responsible for the Chase Visa, account no. 4226 1000 1827 9800, with a balance of $3,966.48. The Husband further agrees to hold Wife harmless and indemnify her from any liability on the above debts. b. Wife. The Wife shall assume the joint marital debt at JC Penney's with a balance of $253.00, Blockbuster Visa with a balance of $358.00, Road King with a balance of $110.93, Chevy Chase Visa with a balance of $3928.33, and an Associate Mastercard with a balance of $4,307.45. The Wife shsll hold the Husband harmless and indemnify him from any and aU liability on these debts. The Husband agrees to pay to the Wife the sum of $360.00 by December 15, 1996, and further agrees to pay to the Wife the sum of $100,00 per month beginning on November 1, 1996 and continuing until August 1, 1997. 7. Future Debts. The parties further agree thst 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, thst party incurring such debt will hold the other harmless from any and aU liability thereof. 8. Waiver of Alimony. In consideration of the mutual agreement of the parties voluntarily 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 aU claims for any alimony. 9. Pension. Both parties agree to waive any claims they may hsve to any pension or employment benefits of any kind, earned during the marriage, by the other party. 10. Counsel Fees and Court Costs. The parties agree to be responsible for their own counsel fees and court costs. 11. Divorce. The parties acknowledge that an action for divorce between them has been filed by Wife and is presently pending divorce between them in the Court of Common Pleas of Cumberland County to the caption Kathy A. Varhola v, Thomas M. Varhola, 96-5580 Civil Term. The parties acknowledge their intention and agreement to proceed in said action to obtain a final decree in divorce by mutual consent on the grounds that their marriage is irretrievably broken, and to settle amicably and fully hereby all claims raised by either party in the divorce action. The parties acknowledge they have executed simultaneously herewith the necessary Affidavits of Consent for the entry of a fmal divorce decree in that action. 12. Breach. In the event that either party breaches any provision of this Separation and Property Settlement Agreement, he or she shsll be responsible for any and all costs incurred to enforce the terms 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 avai1able to him or her. 13. Enforcement. The parties agree that this marital settlement agreement or any part or parts hereof may be enforced in any court of competent jurisdiction. 14. Applicable Law and Execution. The parties hereto agree that this marital settlement agreement shall be construed under the laws of the Commonwealth of Pennsylvania and shsll bind the parties hereto and their respective heirs, executors and assigns. This document shall be executed as original and muitiple copies. 15. The 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 tban those expressly set forth herein. . . 16, Incorporation and Judgment for Divorce. In the event that either husband or wife at any time hereafter obtain a divorce in the action for divorce presently pending between them. Or' otherwise, this agreement and all of its provisions shall be incorporated into any suchjudgment for divorce, either dlrectly or by reference. The Court, on entry of judgment for divorce, shall retaln the right to enforce the provisions and terms of this marital settlement agreement. 17. Additional Inst1'W11ents. Each of the parties shall on demand or within a reasonable period thereafter, 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. If either party fails on demand to comply with this provision, that party shall pay to the other all attorney's fees, costs, and other expenses reasonably incurred as a resuit of such fallure. IN WITNESS WHEREOF, the parties have set their banda and seals the day and year first written above. WITNESS: ~Cl.Ik_l-L Kat y A. V hola ~~tl\.\~r~ Tho M. Varhola ~. ".""'""~""'''-' ,'~ ~ . ~~;.;'!J~~ir.$:~~.tJ~?: ,;' , 'J1ij..,.' ~, ' '.J.-."i. :;~"JJ,';;,:::,,;;,~.j'"';')r,'1~.:D~,iri:!l1':J,~,..:t.:r-, _ ~~.. ,.M ,. ., __.,......~h;."'''.....ON-_:''.'''''',..,..:.~''V';,'_;;;j..''.....,''l!l; KATHY A. v ARHOLA, Plaintiff, : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLV ANlA : NO. 96-5580 CIVIL TERM : CML ACI'ION . LAW : IN DIVORCE v. THOMAS M. VARHOLA, Defendant NOTICE FOR PETITION FOR CONTEMPT Legal proceedings have been brought against you alleging you have willfully disobeyed an Order of I Court. 1. If you wish to defend against the claim set forth in the following pages, you may, but are not required to me in writing with the Court our defenses or objections. 2, You must appear in person in Court on , 1997, at o'clock _,m. in Courtroom Number at the Cumberland County Courthouse, Carlisle, Pennsylvania. If you do not appear in person, the Court may issue a warrant for your arrest and you may be committed to jail. 3. Ifthe Court fmd that you have willfully failed to comply with its Divorce Decree from Abuse, you may be found to be in contempt of Court and committed to jail, fmed or both. 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 Adminlstrator Cumberland County Courthouse Fourth Floor Carlisle, Pennsylvania 17013 (717)240'6200 KATHY A. v ARHOLA, Plaintiff, : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 9&6680 CIVIL TERM v. THOMAS M, V ARHOLA, Defendant : CIVIL ACTION - LAW : IN DIVORCE RULE .' ANDNOW,this 20\ L., day of 1'\. '---., ,d_,199)7uponconsiderationOfthewithln Petition, a Rule is hereby granted upon Respondent, Thomas M. Varhola, to show cause why he should not be held in contempt of Court for wilful failure to obey the Divorce Decree entered on March 6, 1997. A hearing is set for the ;i C{ n,-L day of t1-~d/,,-, Number -/.- of the Cumberland County Courthouse, Carlisle, Pennsylvanla at , 19l8. in Courtroom /.' 1,-) , -f2.m. BY THE COURT: .I / ~/, t>/ l/(/J " ',> ......-/ /", . / J. . I U/~d j , l'uP i J'tr0l?p:, h}f)Or1 ~A/ J SEPARATION AGREEME:>IT A.t'm PROPERTY SE1'l'LEMENT Thls Agreement, made and entered into tlus 0)0 ~ day of ])Q.Ul.n1 bQJ" , 1996. between Kathy A. Varhola, of Cumberland County, Pennsylvania, hcreinafter referred to as 'Wife', and Thomas M. Varhola, 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 April 15, 1989 in Broome County, New York; WHEREAS. there have been no children born of this marriage between Husband and WIfe; 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 cOnsWt with his or her own competent legal counsel 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 fInancial nature requested by the other, and that no information of such nature has been subject to dlstortion or in any manner being misrepresented; and WHEREAS, other than as set forth herein, Wife desires fmally and forever to relinquish all of her rights to he 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 alimony, 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 hy her or which she may own in the future; NOW, THEREFORE, the parties hereto intending to be legally hound hereby do hereby mutunlly EXHIBIT agree as follows: 3 1. Separation. Husband and Wife do hereby mutually agree and consent to live separate and apart and do further agree that it shsll be lawful for the Husband and Wife at all times hereafter to live separate and apart from each other, and to reside, from time to time, at such place or places as they respectfully shsll deem fit, free from any control or restraint or interference, direct or indirect, by each other. 2. No Molestation, Harasament or Interference. Neither party shsll 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, righta 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 ofthe 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 law, 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, hls 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 hereafter own or possess and further agree that the recording of this Agreement shsll 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, shouid the exercise of this power hereby given be necessary, the right and the power to appoint one or more 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 deeda, releases, quit claims, or satisfactions. under seal or otherwise, to enable either party hereto to alienate hls 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 dlstribution of married property ordered by the Court subsequent to Section 3502 of the Divorce Code. Each of the parties hereto further agrees that neither shsll hereafter be under any legal obligations to support the other, pay any expenses for maintenances, funeral, 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, counsel fees, expenses, or any type of fmancial assistance whatsoever from the other, except as otherwise expressly provided for herein. 4. Division of Personal Property. a. The parties agree that they have divided their items of personal property to their mutual satisfaction. Henceforth, each of the parties shall own, have and enjoy, independently of any claim of right of the other party, all items of personal property of every kind, nature and description and wheresoever situated which are now owned or held by or which may hereinafter belong to the Husband or Wife respectively, with full power to the Husband or Wife to dlspose of the same as fully and effectually in all respects and for all purposes as if he or she were unmarried. b. The parties agree that the 1993 Buick Century shall be the sole and separate property of the Husband. c. Personal effects. All items of personal effect such as but not limited to jewelry, luggage, sports equipment, hobby collections and books but not including furniture or any other property, personal or otherwise specifically dlsposed of pursuant to this agreement shall become the absolute and sole property of the party who has had the principal use thereof or to whom the property was given or form whom it was purchased, and each party hereby surrenders any interest he or she may have in such tangible personal property of the other. 5. The parties are the owners of real estate located at 22 Liberty Drive. Mt, Holly Springs. This property shsll be the sol. and exclusive property of the Husband provided however that he must sell or refUl8nce within 5 months of the date of this agreement. If the residence is sold within 5 months any net profit from said sale shsll be applied equally to the outstanding marital debt. 6. Debts. a. Husband. The Husband shall be solely responsible for tbe loan on the 1993 Buick Century and shall remove the Wife's name from said loan within 30 days of the signing of this Agreement. The Husband shsll be solely responsible for the joint account at Northwest with a balance of $1,100,00 and shsll refUl8nce this account removing the Wife's name within 30 days of the date of this Agreement. The Husband shsll be solely responsible for the Chase Visa, account no. 4226 1000 1827 9800, with a balance of $3.966,48. The Husband further agrees to hold Wife harmless and indemnify her from any liability on the above debts. b. Wife, The Wife shsll assume the joint marital debt atJC Penney's with a balance of $253.00, Blockbuster Visa with a balance of $358.00, Road King with a balance of $110.93, Chevy Chase V!Sa with a balance of $3928,33, and an Associate Mastercard with a balance of $4,307.45. The Wife shsll hold the Husband harmless and indemnitY him from any and aU liability on these debts. The Husband agrees to pay to the Wife the sum of $360.00 by December 15, 1996, and further agrees to pay to the Wife the sum of $100.00 per month beginning on November 1, 1996 and continuing until August 1, 1997. 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 aU liability thereof. 8. Waiver of Alimony. In consideration of the mutual agreement of the parties voluntarily 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 aU claims for any alimony. 9, 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. 10. Counsel Fees and Court Costs. The parties agree to be responsible for their own cO\ll15el fees and court costa. 1!. Dlvoree. The parties acknowledge that an action for divorce between them has been fied by Wife and is presently pendlng divorce between them in the Court of Common Pleas of Cumberland County to the caption Kathy A. Varhola v. Thomas M. Varhola, 96.5580 Civil Term. The parties acknowledge their intention and agreement to proceed in said action to obtain a fmal decree in divorce by mutual consent on the grounds that their marriage is irretrievably broken, and to settle amicably and fully hereby all claims raised by either party in the divorce action. The parties acknowledge they have executed simultaneously herewith the necessary Affidavits of Consent for the entry of a fmal divorce decree in that action. 12. 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 incurrcd to enforce the terms 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 avai1able to him or her. 13. Enforeement. The parties agree that this marital settlement agreement or any part or parts hereof may be enforced in any court of competent jurisdiction. 14. Applicable Law and Execution. The parties hereto agree that this marital settlement agreement shsll be construed tmder the laws of the Commonwealth of Pennsylvanla and shall bind the parties hereto and their respective heirs, executors and assigns. This document shall be executed as original and multiple copies. 15. The 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.