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HomeMy WebLinkAbout96-05887 1 ~ 6 .~ ~ ~ j , I r I 00 00 l(') / .. PROPERTY SETTLEMENT AGREEMENT THIS AGREEMENT, made this <p;t. day of t\ (:~t~Q.>-~ \ ,1997, by and between ROBERT M. CAIN, JR., hereinafter called "Husband", and SUSAN M. A YOUB, hereinafter called "Wife", WITNESSETH: WHEREAS, Husband and Wife were legally married on October 9, 1994; WHEREAS, differences have arisen between Husband and Wife In consequence of which they desire to live separate and apart from each other; and WHEREAS, Husband and Wife desire to settle and determine their rights and obligations. NOW THEREFORE, In consideration of the premises and covenants contained herein, It Is agreed by and between the parties hereto that: 1. SEPARATION. It shall be lawful for each party at all times hereafter to live separate and apart from each other at such place as he or she from time to time shall choose or deem fit. The foregoing provision shall not be taken as an admission on the part of either party of the lawfulness or unlawfulness of the causes leading to their living apart. 2. INTERFERENCES. Each party shall be free from Interference, authority and control by the other, as fully as If he or she were single and unmarried, except as may be necessary to carry out the provisions of this Agreement. Neither party shall molest or attempt to .' endeavor to molest the other, or In any way harass or malign the other, nor in any other way Interfere with the peaceful existence, separate and apart from the other, 3. DIVISION OF PERSONAL PROPERTY. The parties have divided between them to their mutual satisfaction, personal effects, household goods and furnishings and all other articles of personal property which have heretofore been used In common by them, 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, each party agrees to sign any title or documents necessary to give effect to this paragraph, upon request. 4. VISA DEBT. Wife shall retain as her sole and separate debt, the Cltibank Visa Card No. 4128002592019751 (expiration date 04.30,99) presently In the name of Susan Ayoub. Husband shall, through his counsel, deliver to Wife's counsel a check In the amount of $1,550.00 payable to Cltibank Visa as payment on the aforementioned credit card. The said payment shall be tendered to Wife's counsel at the time of the execution of the Agreement. It shall be Wife's counsel's responsibility to forward the said check directly to Visa. Wife shall be solely responsible for any balance due on the card after the $1,550,00 payment has been applied to the acccunt. 5. EQUITABLE DISTRIBUTION. Husband shall pay to Wife in the form of equitable distribution, the sum of $3,000.00 within thirty (30) days of the execution of this Agreement. 2 .. 6. ALIMONY. Husband agraes to pay to Wife, In the form of alimony, through the Domestic Relations Office, In the Court of Common Plees, Cumberland County, Pennsylvania, the sum of $500.00 per month for a period of six (6) months beginning October 1, 1997. The said payments shall be non-modifiable as to duration or amount. Wife shall take steps either directly or through her attorney to establish an account for that purpose. In the event the account is not established by October 1, 1997, Husband shall pay Wife directly until said account Is established. All such payments by Husband to Wife shall be deemed alimony, as defined In Section 71 (bl (1 I (A) of the Internal Revenue Code as amended, and as said Section is amplified by the provisions of the Tax Reform Act of 1984 and Tax Reform Act of 1986, and any future laws or regulations related thereto, Payments from Husband, when received by Wife, shall be deductible in the year of payment by Husband pursuant to Section 215 of the Internal Revenue Code, as amended, or any similar future laws or regulations thereto, and shall be includable in the year of receipt In the gross Income of Wife pursuant to Section 71 (bl (1 I (AI of the Internal Revenue Code, as amended or any similar future laws or regulations thereto, The said payments of alimony from Husband to Wife shall terminate upon the death of either party or upon Wife's remarriage or cohabitation, 3 " 7. SUPPORT. Wife has Instituted a support action, DR No. 26,139/PACSES Case No. 402000023, In the Court of Common Pleas, Cumberland County, Pennsylvania, Wife agrees that she shall, upon execution of this Agreement, discontinue the said action thereby eliminating any further proceedings before the Court on the case. 8. PENSION PLANS. Husband holds an Interest in a 401 (k) plan with AT & T. The parties agree that Husband shall roll over $2,100,00 from his 401 (k) plan pursuant to a Qualified Domestic Relations Order Into an IRA or other pension type account designated by Wife In full satisfaction of all distribution of pension plans owned by either party at the time of the execution of this Agreement. Pension plans for the purposes of this paragraph shall include, but not be limited to, pansion plans, profit sharing plans, 401 (k) plans or any other pension type vehicle owned by either party on the date of the execution of this Agreement. 9. TAX ON PROPERTY OlVIS10N. Husband hereby agrees to pay all Income taxes assessed against him. if any, as a result of the division of the property of the parties hereunder. Wife hereby agrees to pay all income taxes assessed against her, if any, as a result of the division of the property of the parties hereunder. 4 ... 10. BREAC.I:l.. 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. The party breaching this contract shall be responsible for the payment of legal fees and costs Incurred by the other In enforcing his or her rights under this Agreement, or seeking such other remedy or relief as may be available to him or her. 11. FULL DISCLOSURE. Husband and Wife each represent and warrant to the other that he or she has made a full and complete disclosure to the other of all assets of any nature whatsoever In which such party of every type whatsoever and all other facts relating to the subject matter of this Agreement. 12. ADDITIONAL INSTRUMENT. Each of the parties shall on demand execute and deliver to the other any deeds, bills of sale, assignment, consents to change of beneficiary on insurance policies, tax returns and other documents and do or caused to be done any other act or thing that may be necessary or desirable to 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 attorneys' fees, costs and other expenses reasonable Incurred as a result of such failure. 5 . right to act as administrator or executor of the other's estate, and each will, to 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. 16. REPRESENTATION, It Is recognized by the parties hereto that Robert M, Cain, Jr. Is represented by John J, Connelly, Jr" Esquire, and Susan M. Ayoub is represented by Elizabeth B. Stone, Esquire. It Is fully understood and agreed that by the signing of this Agreement, each party understands the legal Impact of this Agreement and further acknowledges that the Agreement Is fair and reasonable and each party intends to be legally bound by the terms hereof. 17. VOLUNTARY EXECUTION. The provisions of this Agreement are fully understood by both parties and each party acknowledges that this Agreement Is fair and equitable, that it Is being entered into voluntarily and that it Is not the result of any duress or undue Influence, 18. ENTIRE AGREEMENT. This Agreement contains the entire understanding of the parties and thera are no representations, warranties, covenants or undertakings other than those expressly set forth herein, 7 19. PRIOR AGREEMENT. It Is understood and agreed that any and all property settlement agreements which mayor have been executed prior to the date and time of this Agreement are null and void and of no effect. 20. MQQ1fl.CATION AND WAIVER. Any modification or waiver of any provision of this Agreement shall be effective only if made In writing and executed with the same formality as this Agreement. The failure of either party to insist upon strict performance of any of the provisions of this Agreement shall not be construed as a waiver of any subsequent default of the same or similar nature. 21. GOVERNING LAW. This Agreement shall be governed by and shall be construed In accordance with the laws of the Commonwealth of Pennsylvania. 22. 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 covenant and agreement. 23. VOID CLAUSES. If any term, condition, clause, or provision of this Agrllement shall be 8 SUSAN M. AYOUB, . IN THE COURT OF COMMON PLEAS OF . Plaintiff I CUMBERLAND COUNTY, PENNSYLVANIA I e, ;,...J -r,.-. v. I NO, 96 - 'J'ij') I ROBERT H. CAIN, JR., I CIVIL ACTION - LAW Defendant I IN DIVORCE NOTICE TO DEFEND AND l'!T ,A TV RIGRTB You have been sued in court, If you wiBh to defend againBt the claimB set forth in the following pages, you must take prompt action, You are warned that if you fail to do so, the case may proceed without you and a Decree of Divorce or annulment may be entered against you by tho Court. A judgment may also be entered against you for eny other claim or relief requested in these papers by the plaintiff. You may lOBe mcney 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 counBelinq. A list of marriage counselors is available in the Office of the Prothonotary at the Cumberland County Courthouse, Carlisle, PA 17013. IR YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISIOR OF PROPBRTY, LAWYBR'S FEES OR EXPENSES BBFORE A DIVORCE OR ANNULMENT 18 GRANTED, YOU MAY LOSE THE RIGHT TO CLAIM ANY OF THEN. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO ROT HAW A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THB OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GBT LEGAL HELP. Court Administrator Four~h Floor Cumberland Countv Courthouse Carlisle. PA 17013 Telephone: (7171 240-6200 fl\4L.\.,oub.c~\10.'. SUSAN M. AYOUB Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : NO. '1(" :;1 r 7 Cl':''{-r._ v. ROBERT M. CAIN, JR. Defendant I I : CIVIL ACTION LAW IN DIVORCE COMPLAINT 'I \ I I I 1. The Plaintiff in this action is SUSAN M. AYOUB, an adult individual, who currently resides at 1473 Maplewood Drive, New Cumberland, Cumberland County, Pennsylvania, 17070. 2. The Defendant in thiB action is ROBERT M, CAIN, JR" an adult individual, who currently resides at 1032 Washington valley Road, Basking Ridge, New Jersey, 07920, 3. The Plaintiff has been a bona fide resident of the Common- i' wealth of Pennsylvania for at least six (6) months immediately previous to the filing of this complaint, 4. The plaintiff and Defendant were lawfully joined in marriage on October 9, 1993, in Camp Hill, Cumberland County, Pennsylvania. 5. There have been no prior actions of divorce or for annulment between the parties hereto in this or any other jurisdiction. 6. The Plaintiff avers as the grounde upon which this action is based is that the marriage between the parties hereto is irretrievably broken. -1- 7. The Plaintiff has been advised that counseling is available and that the Plaintiff may have the right to request that the court require the parties to participate in counseling. 8. The Plaintiff requests the court to enter a decree of divorce, COUNT I - ALIMONY AND ALIMONY PKNDENTE LITE 9. The prior paragraphe of this complaint are incorporated herein by reference thereto, 10. The plaintiff, Susan M. Ayoub, date of birth February 27, 1970, Social Security 1198-50-3826, currently livee at 1473 Maplewood Drive, New Cumberland, cumberland County, Pennsylvania 17070. The defendant, Robert M. Cain, Jr" date of birth Auguet 29, 1969, Social Security 1161-66-6257, currently receives mail at 1032 Washington Valley Road, Basking Ridge, New Jersey 07920. 11. The plaintiff, Susan M, Ayoub, requires reasonable support and alimony to adequately maintain herself in accordance with the standard of living established during the marriage. 12. The plaintiff, Susan M. Ayoub, requests the Court to allow alimony and alimony pendente lite as it deemD reasonable pursuant to Sections 3701 and 3702 of the Pennsylvania Divorce Act, COUNT II - REQUEST FOR EQUITABLE DISTRIBUTION OF MARITAL PROPERTY UNDER SECTION 3502(8\ OF THE DIVORCE CODE 13. The prior paragraphs of this complaint are incorporated herein by reference thereto. -2- ~... '-'" c.....-- -c.-.-' \ J ..... (". i:r; u~ .'-1 " " \1.-1~- r:i' ; ~. ) . ri": ~, -.. H_I" Q, C\ C' ~:r- u' ,- , - \L , , '- , r. , -, I '. '.. ,-. t., <', " , , .' ;1.' i." ,', . " .' , I u C c.. , r-. '- C' -.) '.. Michael M. Cain, Jr., birth date August 2, 1969 , social security #161-66-5257, currently receives mail at 1032 Washington Valley Road, Basking Ridge, New Jersey, 07920. 4. The plaintiff, Susan M. Ayoub, requires reasonable support and alimony to adequately maintain herself in accordance with the standard of living established during the marriage. 5. The plaintiff, Susan M. Ayoub, requests the Court to allow alimony and alimony pendente lite as it deems reasonable pursuant to Sections 3701 and 3702 of the Pennsylvania Divorce Act. COUNT III - COUNSEL FEES, COSTS AND EXPENSES 6. The plaintiff, Susan M. Ayoub, has employed Elizabeth B. Stone as counsel and because of the anticipated protracted litigation expenses and her limited income is unable to pay for the expenses of counsel and litigation. 7. The plaintiff, Susan M. Ayoub, has engaged the services of counsel on a time basis by which her attorney charges fees based at a rate of $125.00 per hour. 8. The plaintiff, Susan M. Ayoub, requestB the Court to allow her reasonable counsel fees, costs and expenses pursuant to Section 3702 of the Pennsylvania Divorce Act. WHEREFORE, the plaintiff, Susan M. Ayoub, prays your Honorable Court to: (a) Order equitable distribution of the marital property; -2- ~ (II '- (.~ r ., - ,.. ~~ J..,'" n -' :;..~ , III ~ - , U'. ,- , ,I p:~ '-..: 1 ~:I .l'f' ! 9.' 0'\ ,-.} I @' I r:t. ., __II: ; ;,!j u: :. .., t~ : ". r- ) U 0'" (,) .., U', i-- l{; . c.". .' " n. (-r ,. .. 1..,"( '.' I \ I.~ , .. , L.. " r- "- C). '.) r- ~ - it 10 ~ ,- r-' Q ;;-," ,. (': I_~- .Jf u'- (,~ J , , , . f c. I' ... C). 1 ' .:'! c.: .1 L..'...; C'-': I lL' . ;"'J ] .- ,. r- I (;..; Cr- -..) In the Court of Common Pleas of CUMBERLAND Connty, Pennsylvania DOMESTIC RELATIONS SECTION SUSAN M. AYOUB ) Ducktt Numht' 96 CV 5887 Plaintiff ) vs. ) PACSES Cast Numht' 402000023 ROBERT M. CAIN JR ) Dtfi:ndalll ) Olht' Sealt ID Nuntht' 0-26139 Order AND NOW to wit, this SEPTEMBER 16, 1998 it is hereby Ordered that: THE CUMBERLAND COUNTY DOMESTIC RELATIONS SECTION DISMISS THEIR INTEREST IN THE ABOVE CAPTIONED MATTER, PURSUANT TO THE PARTIES' PROPERTY SETTLEMENT AGREEMENT OF OCTOBER 8, 1997, ORO: R, J. Shadday ._. cc: Pctltluncr and RcspundcJt cc: Juhn Cunnclly, Esq, ~ \ cc: Ellzabcth B, Stunc, Esq, I,\..A,'~ (\\;L>,P,;, BY THE COURT: P, JUDGE Strvict Typo M Form DE-OOI Worko, ID 21005