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HomeMy WebLinkAbout96-06724 I, .1 _,l., ",'t :j' '"j "-", -::1 ~~:" ,- ; ~~ ,); 'Ji,: ~~ ',/1 :/1'(' .,'J ,t\l ;\ ,< -.; t~ i,-;.I\i '~ "".' 'Ul :""~ )"; ,"\.', ."i1! "I"~~ '.-" ':1'.' ,,' I " , 'f I] .~ 'i,:_ ,. .) ., ! j ;l ,"i "1, " t i"l \{J, "I il. ,J, " :) , I. I:(;,~ ,{ I. 'I I to seek to have this Agreement merged into II decree of divorce. The Parties agree that the terms and conditions of this Agreement lire to survive any court order or decree of divorce, and Me to be enforceable as the independent conlractulIl obligations of the Parties after the entry of any such order or decree. I.OS. nllle (if MlIrrillK". The Parties were married on July 25, 1984, in Honolulu, Hawaii. and ever since thlll dllte have been, and lire now, husbllnd and wife. 1.06, nllle (if Sep"rtIillll/. The Parties have been living separate and apart from each other since 1992. 1.07, ('hi/tIrell (if l'lIflie.I'. The Parties have one child, Joshua Slephen Hassler, born to their union as of the Date of this Agreement. and Wife is not now pregnant. 1,08. Sep(lrtlllolI (if l'lIrlle.\' lI11t1 I>ivorL'e Adiol/. The Parties agree that grounds for divorce from their bonds of malrimony currently exist, and they are currently living sepMate and apart . ARTICLE II. PURPOSE 0(0' AGREEMENT AND EFFECTIVE DATE 2.01. Sel1lemelll (if Properly. It is the purpose and intent of this Agreement to settle forever and completely the interests and obligations of the Parties in all property that they own separately, and all property that would qualify as marital property under Section 350 I of the Pennsylvania Domestic Relations Code and that is referred to in this Agreement as "marital property", as between themselves, Iheir heirs, and assigns. The Parties have attempted to divide their marilal property in a manner that conforms to a just and fair standard, with due regard to the rights of each Party The parties have attempted to divide their marital property in a manner which conlorms 10 the criteria set forth in Section 3502 of the Pennsylvania Domestic Relations Code, tllking into account the following considerations: the length of the marriage; the age, health, station, amount and sources of income, vocational skills, employability, estate, liabilities, and need for each of the parties; the opportunity of each party for future acquisition of capital assets and income; the sources of income of both parties, including, but not limited to medical, retirement, insurance or other benefits; the contribution or dissipation of each party in the lIequisition, preservation, depreciation, or appreciation of marital property; the value of the property set apart to each party; and the standard of living of the parties established during their marriage. 2 of \3 (d) Suffered I\ny damage, destruction, or loss, whether or not covered by insurance, affecting marital property, business, or prospects, or waived any jointly held right of substantial value. (e) Entered into any transaction in any way related to any marital property other than in the ordinary course of business. Since the date of separation, there has been no event or change in condition, financial or otherwise, materially affecting the value of any marital property, other than changes in the ordinary course of business. 3.03, Access to Tax Relllf/l.l. Each Party acknowledges that, to the extent desired, he or she has had access to all joint and separate state and federal tax returns tiled by or on behalf of either or both Parties during marriage. 3.04, Litigation There are no actions or proceedings pending against either Party or involving any marital property at law or in equity or before any federal, state, municipal. or other govel'1lmental body. Neither Party is aware of any facts that might result in any action, suit, or proceeding against either Party or against any marital property. Neither Party is in default with respect to any order or decree of any court or of any governmental body, and no marital property is liable for the payment of any obligation by order or decree of any court or governmental body. 3.05. Filing of Tax Retllrns. All tederal, state, and local tax returns required to be filed by the Parties have been filed, and all federal, state, and local taxes required to be paid with respect to the periods covered by the returns have been paid. Neither Party has been delinquent in the payment of any tax, assessment, or govemmental charge. Neither Party has had any tax deficiency proposed or assessed against him or her, nor has executed any waiver of the statute of limitations on the assessment or collection of any tax. 3.06. mle to Properties and Asset.l. All marital property has good and marketable title. No marital property is subject to any mortgage, encumbrance, or restrictions, except as disclosed heretofore as securing specified liabilities. ARTICLE IV. CONFIRMATION OF SEPARATE PROPERTY AND SEPARATE DEBTS. 4.01. Hushand's Separclle Property. The Parties confirm that the following property is, at all times during marriage was, and shall after divorce remain, the separate property of Husband: 4 of 13 . (a) Sundry items of personal property that are not specifically enumerated in the instant Agreement. (b) Investments and moneys procured upon the sale of Husband's business. The Parties further confinn that any income from and increases in value in this separate property that accrued during marriage were solely due to reasons wholly independent from any contribution made by Wife, and that this income and appreciation in value is the separate property of Husband. 4.02. Wife's Separate Property. The Parties confirl1' that the following property is, at all times during was, and shall after divorce remain, the separate property of Wife: (a) Sundry items of personal property that are not specifically enumerated in the instant Agreement The Parties further continn that any income from and increases in value in this separate property that accrued during marriage were solely due to reasons wholly independent from any contribution made by Husband, and that this income and appreciation in value is the separate property of Wife. 4.03. Separate Properly of HII.\'banu with Maritallll/erest. The Parties confinn that the following property is, at all times during marriage was, and shall after divorce remain, the separate property of Husband: (a) None However. the Parties confirm that the amount of $0 represents appreciation in value of this separate property that accrued because of the contributions of Wife to the marriage. This amount is to be considered as marital property and subject to the equitable division of marital property 115 set forth in Article V of this Agreement. 4.04. Selx/rate Property of Wife with Marital Interesl. The Parties confirm that the following property is, at all time during marriage was, and shall after divorce remain, the separate property of Wife: (a) None However. the Parties confinn that the amount of $0 represents appreciation in value of this separate property that accrued because of the contributions of Husband to the marriage. This amount is to be considered as marital property and subject to the equitable division of marital property as set forth in Articles V of this Agreement. 5 of 13 ARTICLE VI. PAYMENT OF DEBTS AND OBLIGATIONS. 6.01. Joi/ll Debts. All joint debts and obligations of the Parties are subject to division in this Agreement. 6.02. Assumptions by HI/sband. Husband agrees to pay and to hold Wife harmless on the following debts and obligations: a) balance of VISA account # 41214499 9101 5640 If any claim or action is initiated set!king to t.old Wife liable for any of these debts or obligations, Husband will, at his sole expense, delend Wife against the claim or action, and indemnifY her against any loss resulting from the proceeding. 6,03. Assumptions by Wife. Wife agrees to pay and hold husband hannless on the following debts and obligations: a) balance of VISA accoun, # 41214499 9217 0832 If any claim or action is initiated seeking to hold Husband liable for any of these debts or obligations, Wife will, at her sole expense, defend Husband against the claim or action. and indemnitY him against any loss resulting from the proceeding. 6.04. Subsequent Deb/s. Each Party agrees to pay and to hold the other Party hann1ess from any and all personal debts and obligations incurred by him or her from the date of this Agreement. If any claim, action, or proceeding seeking to hold the other Party liable on account of future debts and obligations is instituted, the responsible Party will at his or her sole expense defend the other Party against it, and indemnify the other Party against any loss that he or she incurs as a result of the claim, action, or proceeding. ARTICLE VII. PAYMENT OF TAXES 7.01. Tax Deficiencies and Refillld~J'or Prior Years. It is agreed that the Parties shall be jointly liable for and shall pay any and all deficiencies in state and federal income taxes, including penalties and interest, related to the joint income tax returns of the Parties for all years prior to 1995, and shall jointly be entitled to any refund due to the Parties for those years. Parties shall 8 of 13 jointly pay any and all costs of defending the Parties against any asserted deficiencies, or of prosecuting any refund claims. Parties agree to cooperate fully in filing any and all necessary pleadings and documents, including protests, petitions, refund claims, and powers of attorney. 7.01. Tax Ret/mlsjor Year oj /Jivorce. The Parties' last joint income tax return will be for calendar year 1996. They were jointly responsible for the payment of taxes as rellected by the tax return. Each Party agrees to cllntinue to make all books, records, tax returns, journals, ledgers, and any other bookkeeping or financial information of any nature that pertain to the marriage available to the other at any time after the judgment of divorce. Each Party shall be allowed to consult with the accountants or tax counsel of the other for the purpose of gathering any information necessary for the preparation and filing of any tax return. 7,03. Tux Oil fJispositiolls. Each Party agrees to bear his or her respective share of the income tax consequences resulting from the sale or disposition of property to third parties pursuant to this Agreement. ARTICLE VIII, FEES AND COSTS 8.01, AI/omeys' Fees alld Other Costs. Husband agrees to pay the following fees of counsel and other costs incurred in connection with the complaint for divorce and this Agreement: . Costs associated with his own counsel. . Filing fees. Wife agrees to pay the following fees of counsel and other costs incurred in connection with the complaint for divorce and this Agreement: . Costs associated with her own counsel. . Filing fees. The Parties agree that the following costs incurred in connection with the complaint for divorce and this Agreement shall be divided equally between them: . None 8.01. Limitatio/l oj Partie.~' Liabilities. Except as provided in Paragraph 8.01, neither Party shall be liable to the other for any costs or fees incurred by the other in connection with the negotiation, preparation, and execution of this Agreement and in connection with any action initiated by either Party for the purpose of obtaining a decree of divorce of the Parties. 9 of 13 8,03. III the liwlII of Breach. In the event that either Party breaches any provision of this Agreement, and the other Party retains counsel to assist in enforcing the terms thereof, the Parties hereby agree that the breaching Party will pay all allomey's fees, court costs and expenses incurred by the other Party in enforcing the Agreement. ARTICLE IX. GENERAL PROVISIONS 9.01. Rl!!ease of All Claim.I'. Except as specifically set forth in this Agreement, each Party to this Agreement releases the other from all claims, liabilities, debts, obligations, and causes of action that have been incurred during the marriage between the Parties. 9.02. Gelleral Dllty 10 IlIdell/llify. Each Party represents and warrants to the other that he or she has not incurred any debt, obligation, or other liability, other than those described in this Agreement, on which the other Party is or may be liable. Each Party covenants that if any claim, action, or proceeding is initiated seeking to hold the other Party liable for any debt, obligation, liability, act, or omission related to the ma.riag.. of the Parties for which that Party is responsible under ~he terms of this Agreement, the respor.sible Party will, at his or her sole expense, defend the other against the claim or action in addition, each Party covenants that he or she will indemnitY and hold harmless the other Party with respect to all damages resulting from the proceeding. Damages, as used in this Agreement, shall include any loss, cost, or their liability without limitation that results from the prosecution of any claim, action, or demand. Damages shall also include reasonable allomoy fees and other expenses incurred in the investigation or in the attempt to avoid the litigation, or in enforcing any right of indemnity. In addition, the damages must result from any inaccurate representation made by or on behalf of either Party to the other in or pursuant to this Agreement, or from a breach of any of the covt:lIants, promises, or obligations made by or incurred by either Party in or pursuant to this Agreement. Each Party agrees to give the other prompt written notice of any demand, claim, or litigation that is threatened or instituted against him or her and that might constitute the basis of a claim for indemnity pursuant to the terms of this Paragraph. 9.03. Credit ('ard~ alld AcclJ/llIIs. All existing charge accounts and credit cards in the names of Husband and Wife, or in the name of either of them under which the other may be extended credit for purchases. shall be closed or surrendered to their issuer as of the effective date of this Agreement. 10 of 13 9.04. Right to LiVl! SeparaMy and Free From //lterferem:e. The Parties shall live separate and apart trom each other. Neither Party shall illlerfere with the other Party in any respect. Each Party may carry on and engage in any employment or their activity as he or she may deem desirable tor his or her sole use and benefit. Neither Party shall interfere with the use. ownership, or disposition of any property now owned or subsequently acquired by the other. 9.05. Act.~ Prior to /.;ntry of IJivorce IJecrlJe. Each Party agrees that neither shall enter into any transaction or perform any act that would constitute a breach of the representations, warranties, or promises contained in this Agreement. Each Party will atTord to the other, or his or her representative, reasonable access, during normal business hours, to the books and records of all marital property, and will cooperate in the examination. No examinations, however, shall constitute a waiver or relinquishment by either of the right to rely on ;he covenants, representations and warranties of the other as provided in this Agreement. Each agrees to hold in confidence all information so obtained, and any document or instrument obtained pursuant to this Paragraph shall be held on an express trust for and on behalf of the other. 9.06. Nature and Survival of UepreselllatiollS and Warranties. All statements of fact contained in any document delivered by either Party to the other tor information or reliance pursuant to this Agreement shall be considered representations and warranties under this Agreement. All representations and warranties of the Parties shall survive the entry of the divorce decree. 9.07. RecordllifMaritalProperty. For a period of three (3) years following the date of entry of the divorce decree, the books of account and records of all marital property pertaining to all periods during marriage and prior to the date of entry of the divorce decree shall be available for reasonable inspection by either Party or their representatives for use in connection with any lawful purpose. 9.08. Waiver of Rights to Other Party's /';state. Each Party waives any and all of the following rights: (a) To inherit any part of the estate of the other at his or her death. (b) To receive property from the estate of the other by bequest or devise, except under a will or codicil dated subseqllentto the effective date of this Agreement. ( c) To act as a personal representative of the estate of the other on intestacy. (d) To act as an executor under the will of the other, unless nominated by a will or codicil dated subsequent to the ellective date of this Agreement. II of 13 9.09. Mallller of Paymellls alld No/ice. All payments and notices provided for in this Agreement shall be considered properly and timely made if deposited in the United States mail in an envelope bearing adequate postage and addressed to the recipient at the address specified in this Agreement, or at al.Y other address that may be designated in writing, on or before the date provided for in this Agreement. 9.10. I\xecllliol/ of Other /Jocl/mellls. Each of the Parties shall on demand execute and deliver any documenl and do any act 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 result of the failure. 9.11. No Other Agreemellls. This Agreement supersedes any and all other agreements between the Parties, either oral or written, that relate to the rights and liabilities arising out of the m&niage. This Agreement constitutes the entire agreement of the Parties with the exception of a separate Custody Stipulation and Agreement. 9.12. Par/ialll/validity. If any !,rovision of this Agreement is held by a court of competent jurisdiction to be invalid, void, or unenforceable, the remaining provisions shall continue in full force and effect without being impaired or invalidated. 9.13. Waiver of Breach. The waiver by one Party of any breach of this Agreement by the other Party shall not be deemed a waiver of any other provision of this Agreement or of any subsequent breach of the same provision. 9.14. Amendmelll or Modifica/io/l. This Agreement may be amended or modified only by a written instrument signed by both Parties 9.15. SI/ccessors and Assigns. This Agreement, except as it otherwise expressly provides, shall be binding on and shall inure to the benefit of the legatees, devisees, heirs, executors, administrators, assigns, and successors in interest of the Parties. 9.16. Specific Perfo,maIlL'e. This Agreement may be enforced by an action for specific perfornlance. 9,17. l.ow GovernlnK Agreemelll. This Agre.ement shall be governed by, and shall be construed in accordance with, the laws of the Commonwealth of Pennsylvania. 9.18. 'lime Specified. Pursuant to Paragraphs 9.09 and 9.10 of this Agreement. each Party agrees that the terms of this Agreement must be complied with within thirty (30) days from the date that this Agreement is signed by the Wife. 12 of 13 ITEMS ANGELA K. HASSLER WILL TAKE ALARM CLOCK PERSONAL CLOTHES DRESSER WITH MIRROR MOTORCYCLE MOTORCYCLE HELMET MARANTZ STEREO RECIEVER 2 JENSEN STEREO SPEAKERS BROWN RECLINER CHAIR DUMBELLS UNIVERSAL WEIGHT SET WEIGHT RACK WEIGHT BENCH RIDING EXERCISE BIKE RIDING OUTDOOR BIKE FISHING ROD SNAPPER RIDING LA WNMOWER SHARP VIDEO RECORDER ZENITH VIDEO CAMCORDER WALL CLOCK 52 INCH COLOR RCA TELEVISON SET .' ~L \. II~J~ (,1."1 ..~. / /~~.r: / I +/il' kc /),;(..-1,,( M,J..~/' Nolarlal Seal Kathleen O. Keallng, Notary Public I C.:Jrtlsl. Bora. Cumberland County My CommlS510r, EJCprres May 24. 1 :-:-- .... ." C!. ,... ~., t~ )~ HI' CJ~ \~;~ C' ...' '", l). n \(.1 'i! ll- ~ ' ..;; l':'~ t r, ,j \-; ". .t.w -, " S; 'j C W ~- .... .' fr. ('J ," .. , ..~ ( r:: . ", , , ( "; , , ~,.. - " - (' ;1\ " ~ ) ( - ,; \. E r:. \;'Ii .- .:.\.. . , \. ,- .J L' C;. ,_l ... en i'=; tl (~ ,-- {~ , :S ll.~(!! \..) ~.., ': [,." 1;.- j I-I' L~ ,:-, ,-. ,! ," l'. " Li.. , t, ~~ t, , ~ \ I.',,' ') . ,,) (,' '. ~. 0' 0 (,. (.-:. ./ ". ,~.~ t... I ~..,! , '!' I' I ,.J , , \ ., I'.:, ., ~-. ~ f:'. I..'~.. .j I' r- 'J I. ~\ ,- l!.:' ';."1 , , c) ,";:1 ,---I ,~ l. i' L.''::'' L~ II. ...,., j 0 v\ tJ ~ ('/ '- tr. ::,~ ~:: .. -,,;..:,: H,. ~ ' ':0 .J ~;# (J., , .J :~;~ r" J_ ~, h-': 1::..J ,~ ~ ' . ,- ~' -'i:.f) -, -, I/. ' , ';-' in _J., ,. .. LL: , 'J.. .'J'-\. r -~ :::5 ~i t- (.i' U ". ('I '" U, ..' I u~. (:CJ i.;~ , ,. I- ; f'" j ~ , " ~~ '" " ) :'j '? (,.11 6) LLI' 1':'--': ...1 L ';.# LL', II l'ir'J j, &:~ I:! ,1. .... \I r- S '-' c' to) 10. Each parent shall be entitled to complete and full infonnation from any doctor, dentist, teacher or authority and have copies of any reports given to them as a parent. Such documents include, but are not limited to, medical reports, academic and school report cards, birth certificates, and the like. Both parents' names shall be listed as JOSHUA'S parents with his school. II. The parties shall confer with each other on all importllllt matters pertaining to JOSHUA'S health, welfare, education and maintenance, with a view toward obtaining and following a harmonious policy in the child's best interests and shall keep each other informed of the progress of the child's health, education and social adjustment. 12. Both parties agree that the Court of Common Pleas of Cumberland County, Pennsylvania, shall continue to have jurisdiction over the child who is the subject of this Agreement and Court Order until further Order of Court. By the Court, /Ii , J. I Kathleen D. Keating, Esq. for the Plaintiff ~~~<l/~J/;?;J9(O. ...><5'(1. Angela K. Hassler 527 S. Middlesex Road Carlisle, PA 17013 pro se \- .,,,',,'"' , ' . , ' ,;,:,1111 , '. , I ~I ' t..l :"1'" I'" ' , " " . j J' r_ ~ _.J.,:.; ).,,,y j,.. "."C ' 'J "'>II.'f\.. '"'c. ~u.;v-U.J-iiJ ~ CUSTODY AGREEMENT AND STIPULATION John S, Hassler (hereinafter referred to as "FATHER") and Angela K. Hassler (hereinafter referred to as "MOTHER"), desiring to settle issues concerning custody of their child, JOSHUA STEPHEN HASSLER, born September 13, 1985, (hereinafter referred to as "JOSHUA,") hereby stipulate and agree to the entry of the following as an Order of Court: I, MOTHER and FATHER have shared legal custody of their child, JOSHUA, 2, FATHER shall have primary physical custody of JOSHUA, 3, MOTHER shall have partial physical custody of JOSHUA every other week beginning on Monday after school through Friday after school, or as the parties may mutually agree, 4, MOTHER shall release any claim she might have to a dependency exemption for JOSHUA for all future tax years, 5, MOTHER and FATHER shall work out a holiday visitation and transportation schedule as the parties lTIay mutually agree, 6, For her weekly visitations MOnIER shall provide transportation to collect and return the child, except as the parties may otherwise agree, 7, There shall be reasonable telephone access between the child and his parents, 8, Both parties acknowledge that it is in the best interest of the child to remain close to both parents and neither parent shall do anything which may estrane;e the child from the other parent or which may hamper the free and natural development of the child's love and affection for the other parent. 9, Each parent shall have the duty to notifY the other of any emergency, Each parent shall provide the other with a current telephone number and address for contact. 10, Each parent shall be entitled to complete and full information from any doctor, dentist, teacher or authority and have copies of any reports given to them as a parent. Such documents include, but are not limited to, medical reports, academic and school report c,ards, birth > en '" ~ In I"; t ~ 'I >~ t.; (', x. ) .. ~ ~, .:: 1 :~j I, . ;>. \ , .:1- /"1 , ~.Jr' , ";; >- ,(0 c-.:~ ."t .']C.~, f,'. 4 23 ~ ,... <;n