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HomeMy WebLinkAbout96-06283 ~ ~ ~ '" 7 ~ ~ ~ ~ ~ ~ J r<) 00 (l) -..9 al I' I' , i " I, "I , " , 1 'I ", HABIlIAGLlllnJdiHJjIt'LAaUIMlltT 'rllIS AClREEMEN'1' Ls made and entered Lnto between Thomas E. Kram~r and Marilyn M, Kramer, hereinafter referred to aa Husband and Wife. The parties were married on July 25, 1981 and there are no children born of their marriage, As a consequence of disputes and unhappy differences, the parties have separated. '1'he pal-t!I',lS desire to confirm their separation and mako arrangomonts in connection therewith, including the settlement of their property rights, and all other rights and obligations arising out of the marriage relationship. It is therefore agreedl 1. CONSIDERA'1'ION . The consideration for this Agreement is the mutual promises and agreement herein contained. 2. ~ON AND NONINTERFERENCE A. It will be lawful for each party at all times hereafter to live separate and apart from the other party at such place or places as he or she may from time to time choose or deem fit. B. Each party shall be free from interf.erence, authority and control, direct or indirect, by the other, as fully as if he or she were single and unmarried. Nei ther shall bother the other or compel or endeavor to compel the other to cohabit or dwell with him or her. -, 3 . M1J!fjJAldUS.LJ::AJ3J!: Subject to the provisions of this Agreement, each party has released and diBcharged, and by this Agreement does for himBelf or hllrself, and his or her hair.s, legal representatives, executors, administrators, and 6ssigns, release and discharge the other of and from all causes of action, claims, rights, or demands whatsoever in law or equity, which either of the parties aver had or now has against the other, except any or all cause or causes of action for divorce. 4. fJJLL DISCLOSURE The provisions of this Agreement and their legal effect are fully understood by each party to this Agreement, and each party acknowledges that the Agreement is fair and equitabie, that it is being entered into voluntarily, and that it is not the result of any duress or undUe influence. Husband and wife each represent and warr.ant 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 has an interest, of the sources and amount of the income of such party of every type whatsoever, and of all other facts relating to the subject matter of this agreement. Wife repreBents that she was represented by Marianne E. Rudebusch, Esq. in reaching this Agreement, and Husband represents that he was represented by Gregory J. Ricci, Esq., in reaching this Agreement. Both parties represent that the terms of this Agreement have been fully explained to them by their respective counsel. 2 6. EOUITABLE DIVISION By thiB Agrllllment, thll partillB havll intended to effect an equitablll diviBion of their marital property. 'rhis diviBion iB not intended by the parties to constitute in any way a Bale or exchange of aBsets. 6. 5.1IJlllEoUEN'r DIVORCE A. AGREEMENT NO'!' PREDICA'rED ON DIVORCE - It is spllcificaUy underBtood and agreed by and between tho parties hereto and each of the Ba1d parties does hereby warrant and represent to the other that the execution and delivery of this Agreement is not predicated upon nor made subject to any agreement for institution, proBllcution, defense, or for the non-prosecution or non-defense of any action for divorce, provided, however, that nothing contained in this Agreement shall prevent or preclude either of the parties hereto from commencing, instituting or prosecuting any action or actions for divorce, either absolute or otherwise, upon just, legal and proper grounds, nor. to prevent either party from defending any such action which haG been, mayor shall be instituted by the other party, or from making any just or proper defense thereto. It is warranted, covenanted and represented by Husband and Wife, each to the other, that this Agreement is lawful and enforceable and this warranty, covenant and representation is made for the specific purpose of inducing Husband and Wife to execute the Agreement. Husband and Wife each knowingly and understandingly hereby waives any and all possible claims that this Agreement is, for any reason, 3 illegal or for any reason whatsoever, unenforceable in whole or in part. lIuBband and Wifo each do hereby warnmt, COVllnant and agree that, in any pOBsible evont., ho and she aro and shall foraver bo estopped from assorting any illegality or unenforceability as to all or any part of this Agreement. 13. EN'!'RY AS PAil'!' OF DECRBE - It is the intention of the parties that the Agreement shall survive any action for divorce whJ.ch may be instituted or prosecuted by ei thllr party Ilnd no order, judgment or decree of divorce, tomporary, final or permanent, Bhall affect or modify the f1nancJ.al terms of this Agreement. ThiB Agreement Bhall be incorporated in but shall not mergo into any Buch judgment or docree of final divorce, but shall be incorporated for the purpoBeB of onforcoment only. C. MU'l'UAL CONSEN'!' DIVORCE 'rhe part ies agree and acknowledge that their marriage is irretrievably broken, that they do not desire marital counseling, and that they both consant to the entry of a decree in divorce pursuant to 23 Pa.C.S.A. Section 3301(c). Accordingly, both parties agree to forthwith execute such conBentB, affidavits, or other documents and to direct their respective attorneys to forthwith file such consents, affidavits, or other documents as may be necessary to promptly proceed to obtain a divorce purBuant to said 23 Pa.C.S.A. Section 3301(c). Upon requeBt, to the extent permitted by law and the applicable RuleB of Civil Procedure, the named defandant in such divorce action Bhall execute any waivers of notice or other waiverB neceBsary to expedite Buch divorce. 4 7. DIVIS loON OF PEJlWJNAL PROPERTY Wife agrees that /Ill of tha property in the POBSSBsion of HUBband Bhall be the sole and separate property of HUBband, and HUBband agrlles that all of the property in the posBession of Wife shall be the sola and BeparBte property of Wife. The partieB do hereby BpecJ.fically waive, release, renOUnce and forever abandon whatever claims, if IIny, he or sha may have with respect to the above items which shall bocome the sole Ilnd separate property of the other. 'rhe partieB agree that Husband shall retain two cemetery plots in Cumberland Valley Memorial GardenB, R.D. 15, CarliSle, Pennsylvania 17013. a. DIVISION OF MOTOR VEHICLES With respect t:o the motor vehic leB owned by one or both of the parties, they agree as folloWBt HUBbandl 1994 Ford Ranger Pickup Wifel 1995 Pontiac Grand Am The titles to the said motor vehicles shall be executed by the parties, if appropriate, for effectuating transfer aB herein provided, on the date of execution of this Agreement or at any time thereafter at the request of either party. 9. DISPOSITION OF PROPERT~ From and aftar the date of the signing of thiB Agreement, both parties ~hall have complete freedom of dJ.sposition as to hiS/her separate property and any property which is in their pOBsession or 5 oontrol purBuant to thiB Agreement and may mortgllge, lSell, grant, conveyor otherwiBe encumber or disposo of such property, whether real or personal, whether sllch property was aoquired before, during or lifter marriage, and neither Husband nor Wife need join in, conBellt to, or acknowledge any deed, mortgBge, or other inBtrument of the other pertaining to ~uch disposition of property. 10 . U I V I S I Q1LOf-Jl.EA.L.....P~lIT.Y HUBband and Wife hereby agree and acknowledge that they own certain real property located at 2216 Ritner Highway, Carlisle, PennBylvania, including lots 3, 4 and 5, as tenants by the entiretieB. See attached map as Bxhibit A. Wife hereby agrees to convey all her right, title and intereBt in lots 3 and 5 to Husband. Wife agreeB to execute a deed or other instrument of conveyancing necessary to effectuat,e thiB transfer at the time of the execution of thiB document. Husband agrees to convey all his right, title and interest in lot 4 to Wife at the time of the execution of this document. The parties agree that the division line between lot 4 and 5 be changed so that the dwelling on lot 5 meets Dickinson Township'S requirement thllt a dwelling must lie no less than 25 feet from the property line. The line will only be moved to the distance required to meet township regUlations. The cost of moving the property line shall be equally dividod between the parties. In the event that the property line between lots 4 and 5 cannot be moved to meet Dickinson Township's requirementB, Wife Bhall convey to Husband all her right, titl.e and 6 interest in lot 4 for payment to her by lIuBband of $20,000 for lot 4 alone within three months of the datu of execution of the MSA. '!'he parties acknowledge that there is an existing mortgage againBt this property held by lIarriB Savings & Loan in the amount of approximately $27,000 and a home equJ.ty loan held by Dauphin DepoBit Bank in the amount of approximately $38,000. lfuBband agrees to obtain financing Buch that he Bhall satisfy Bald mortgage and home equity loan in total. Husband shall hold wife harmless from liability for theBe obligationB and other obligationB arising from thiB property. HUBband shall pay to Wife $40,000 for lots 3 and 5 within threll months from the date of execution of thiB Marital Settlement Agreement. The deedB to all lotB shllll be held in escrow by Wife'B attorney until payment to Wife by lIusband of $20.000 for lot 4, if applicable, and $40,000 for lots 3 and 5. The parties agree that thll property shall be listed for Bale iB HUBband doeB not make payments to Wife as specified above. In the event of a Bale of the property, all net proceeds from the Bale Bhal1 be divided equally between Husband and Wife. 11. PAYMENT OF SPECIFIED OBLIGATIONS The partieB agree that the following constitute joint marital obligations which Bhall be paid by the following perBonl A. WIFE - All debtB in her name alone. 7 B. HUSBAND - (1) All debts in hiB name alone, (2) Balanoe of debt to Cumberland Valley Memorial GardenB. 12. Lt~ FEES Each party shall pay his or her own attorneYB fees. 13. ALIMONY Both parties acknowledge and agree that the provisions of this Agreement providing for equitable diBtribution of marital proper.ty are fair, adequate and satisfactory to them and are accepted by them in lieu of and in full and final settlemant and satisfaction of any claLmB or demands that either may now or hereafter have against the other for support, maintenance, alimony pendente lite or alimony. Husband and Wife further, voluntarily and intelligently, waive and relinquish any right to Beek from the other any payment for support, ntaintanance, alimony pendente lite or alimony. 14. PENSION PROGRAM Each party hereto Bhall maintain sole ownerBhip over hiB or her individual pension plan, profit sharing, deferred compenBation or similar retirement plan ncquired individually or as the result of contributionB by his or her employer. Wife hereby releases any interest that she has in the retirement benefitB of HUBband B accumulated aB the rosult of his employml'lnt l.ly AMP, Inc. and any other IIdditional benefits ho IIII1Y hllve accrued. Husband hereby relOIlBee any intereBt that he haD in tho retirement benefitB of Wife IIccumulntod liS tho roeult of her employment by the Commonwealth of Pennsylvania and any othor IIdditional benefits ahe mllY hllve accrued. This wlliver is a full and complete diBcharge of each parties' marJ.tal claim. 15. MISCELLANEOUS All IIsBets including, but not limited to, Bavings accountB, checking accounts, certificates of depoBit and life inBurllnce policieB Bhllll be the sole and separate property of the title holder of Baid IIBset. The partieB believe and IIgree, and have been BO IIdvlBed by their reBpective attorneys, that the diviBion of property heretofore mllde by this Agreement is II non-taxable division of property between co-ownere rather than a taxable Bale or exchange of such property. Each party promiBes not to take any position with reBpect to the adjusted basis of the property aSBigned to him or her or with respect to any other iSBUO which is inconsistant with the position sot forth in the preceding sentence on his or her federal or Btate income tax returns. The partieB have heretofore filed joint federal and state tax returnB. Both parties agree that in the event any deficiency in federal, Btate or local income tax is proposed, or any asseBsment 9 . ..... of any suoh ta~ is made aqainBt eithor of them, each will indemnify and hold harmlosB the other from and against any lOBS or liability for any Buch tax defJ.ci~ncy or. aSBessment and any intereBt, penalty and expense incurred in connection therewith. Such tax, intereBt, penalty or expenlle shall be paid solely and entirely by the individual who ill finally determined to bo the calise of the miBrepresent6tions or failures to dlsclose the nature and eKtent of his or her separate income on tho aforesaid joint returns. 16. ~E~J!:RAL PROVI9ION~ A. WARRAWrV AS '!'o BXIS'rING OALIGA'rrONS Each party repreBents that they have not heretofore incurred or contrllcted for any debt or liability or obligation for which the estate of the other party may be responBible or liable except as may be provided for in this Agreement. Each party agrees to indemnify or hold the other party harmlesB from and aqainst any and all BIICh dllbtB/ liabilities, or obligations of every kind which may have heretofore been incurred by them, including those for necessities, except for the obliqations arising out of thiB Agreement. B. WARRAN'rV AS TO FU'!'URB OBLIGA'l'IONS - Wife and HUBband each covenant, warrant, represent and agree that each will now and at all times hereafter save harmless and keep the other indemnified from all debtB, charges, and liabilities incurred by the other after the execution date of this Agreement, except as may be otherwise specifically provided for by the terms of thiB Agreement and that neither of them shall hereafter incur any liability 10 whatsoever for which the ostate of the ather may be liable. C. SEVERABILITY If any term, condition, clause, or provlsion of thiB Agreement shall be dBtermined or declared to be void or invalid in law or otherwise, then only that term, condition, clauso, or provision shall be Btricken from thiB Agreement and in all other respects this Agreement shall be valJ.d and continue in full force, effect, and operation. LikewiBe, the failure of any party to meet his or her obligations under anyone or more of the paragraphs herein, with the oxception of the satisfaction of tho conditions precedent, shall in no way void or alter the remaining obligations of the parties. n. OTHER DOCUMENTATION - Wife and Ilusband covenant and agree that they will forthwith eKocute any and all written instruments, assignmentB, releases, satisfactions, deeds, notes 01;' such other writings as may be necessary or desirable for the propor effectuation of this Agreement, and as their respective counBel shall mutually agree should be so executed in order to carry out fully and effectively the terms of this Agreement. E. ENTIRE AGREEMEN'l' - This Agreement contains the entire understanding of the parties, and there are no representations, warranties, covenants, or undertakings other than those expressly Bet forth herein. F. WAIVER OR MODIFICATION TO BE IN WRITING - No modification or waiver of any of the terms hereof Bhall be valid unless in writing and signed by both parties and no waiver of any breach hereof or default hereunder shall be deemed a waiver of any 11 BUbBequent default of the same or similar nature. G. MU'!'UAL COOPI!:IlA'l'ION - Each party Bhall, at any time and from time to time hereafter, tllka any and all steps and ~xecute, acknowledge, and deLiver t.o the other party any and all further instrumentB and/or documents that the other party may reaBonably require for the purpose of giving full force and effect to the proviBions of this Agreement. II. LAW GOVBllNING - This Agreement shall be construed and governed in ac:cordance with the laws of the Commonwealth of Pennsylvania. I. BINDING EFFECT - Except as otherw'iBe stated herein, thie Agreement shall be binding and Bhall inure to the benefit of the parties hereto and their respective heirB, executors, administrators, successors, and assigns. J. NO WAIVBR OF DEFAULT - This Agreoment shall remain in full force and effect unless and until terminated under and purBuant to the terms of this Agraement. 'l'he failure of either party to insist upon Btrict performance of any of the proviBions of this Agreement shall in no way affect the right of such party hereafter to enforce the same, nor shall the waiver of any breach of any provision hereof be construed as a waiver of any subsequent default of the same or similar nature, nor shall it be construed as a waiver of strict performance of any other obligations herein. K. HEADINGS NOT PART OF AGREEMENT - Any heading preceding the text of the several paragraphs and subparagraphB hereof are inBerted solely for convenience or reference and shall not 12 constitute a part of thia ACJrel)m"nt nor ahllll thay affect its meaning, construction, or affect. L. WAIVElt OF CLAIMS AGAINS'I' ES'rA'I'ES - Except liB horein othorwisa provided, each party may dispose of his or her property in any way, and each party hereby waivea and relinquishes any and all rights he or she may have or hereafter acquire, under the preBent or future laws of Pennaylvania or another jurisdiction, to share in the property or the estate of the other aB a result of the marital relstionBhip, including, without limitation, dower, curteBY, their statutory equivalenta, widow's allowance, homestead rights, right to take in intestacy, right to take against the will of other, and right to act aB administrator or executor of the other'B estate, and each party will, at the rl/quest of the other, execute, acknowledge, and deliver any and all inBtruments which may be neceBBary or advisable to carry into effect this mutual waiver and relinquiBhment of all Buch interests, rights and claims. M. ATTORNEY'S FEES LrOR BNFORCEMENT - In the event that either party breacheB any provision of this Agreement, and the other party retains counsel to assist in enforcing the termB thereof, the parties hereby agree that the Lreaching party will pay all reaBonable attorneYB' feeB, court costB, and expenses incurred by the other party in enforcing the Agreement. 13 - . '- , , 6. 'I'he Plaintiff and Defendant are both citizens of the United StateD of America. 7. There have been no prior actions in divorce between the parties. 8. The Plaintiff and Defendant are not members of the Armed Services of the United St~teB or any of itB allies. 9. Plaintiff has beon adviBed of the availability of counBeling and that she may have the right to requeBt that the Court require the parties to participate in counseling. 10. The causes of action and sections of Divorce Code under which Plaintiff is proceeding are: A. Section 3301(c). The marriage of the partieB is J.rretrievably broken. After ninety (90) days have elapsed from the date of eervl.ce of thiB complaint, Plaintiff intends to file an Affidavit consenting to a divorce. PlaintJ.ff believes that Defendant may also file Buch an Affidavit. B. Section 3301(d). The marriage of the parties iB irretrievably broken. The Plaintiff and Defendant separated on July 25, 1996. WHEREFORE, the Plaintiff prays your Honorable COlJrt to enter a Decree in Divorce from tho bondB of matrimony. By: jtt.iy\"~/",q' { ~(lI,~/'"CJ.~ Marianne E. RudebuBch, EBq. Attorney No. 63522 845 Sir Thomas Court Suite 9 Harrisburg, PA 17109 (717) 657-0632 Attorney for Plaintiff , i '!, ,,' '.1 ;~' I I' " - ,;,\ II .. ", I, " '" l'iit ;"j, 'i: i-' i ,/ . ,It " 'I. I .. II ',\; ,/' ',t; 'i ~ fi) '): 'i~ii I, , " cb ~ 011 iJl ~~ ~ r I ~ := 0.- ',)~ 4-)-6 ~ .d' 'J: ~ - ~~ r........ ~ ......... r() ........... - ~ ~ f") It' en ~ ..", .~ ,.... ~ ~~~ ~ 'I', " I :,',1 ,',!i'. 'I 'I I I , " I' ii, I'" ,I' I I ,I ,I I' /' " , ; t,,~. I ' j;', I); ;,f it , .; I, ,I " ,I tr' II/ -,' " , I ,) I ! " I " . - ,', .. . " \;'~~" ',,' " .' . .' 'I' ", . MARIANNE E. RUm!:DUSCH, E.quire 845 Sir Thomus Court, l'1arrlsbutg, PA 17109 (717) 657-0632 . .