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HomeMy WebLinkAbout97-00206 \ III '> , \ I / / ~ SEPARATION AGREEMENT AND PROPERTY SETTLEMENT This Agreement, made and entered into this 17," day of lMMcl\ 1997, between Donald R. Jumper, I, of Newville, Cumberland County, Pennsylvania, hereinafter referred to as "Husband", and Terry L. Jumper, of Carlisle, Cumberland County, Pennsylvania, hereinafter referred to as "Wife", WHEREAS, the parties hereto are now Wife and Husband, having been lawfully married to each other on June 1, 1991, in Cumberland County, Pennsylvania; WHEREAS, there have been no children born to this rnarriage 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 t~e 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 inforrnation 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 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, currenlly 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, alirnony pendente lite, counsel fees, or expenses and other than 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 do hereby rnutually 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 forrn 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, harass or interfere with each other or compel or endeavor to compel the other to cohabit or dwell with him or her by any means whatsoever, 3, Mutual Property and Estate Waiver, Except as otherwise expressly set forth herein, in which event such express provision shall take precedence over this paragraph, the parties hereto intend that from and after the date of this Agreement, neither shall have any spouse's rights in the property or estate of the other, and to that end both parties waive, relinquish, and forbear the rights of dower or curtesy, rights to inherit, rights to claim or take 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 rnay 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 power to appoint one or rnore times any person or persons whom the Husband or Wife shall designate to be the attorney-in,fact for the other, in their narne and in their stead, to execute and ack:1owledge 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 neither shall hereafter b3 under any legal obligation to support the other, pay any expenses for maintenance, 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 financial assistance whatsoever from the other, except as otherwise expressly provided for herein. 4, Disposition of Real Property, Husband is the owner of real estate and a home located at 667 Shippensburg Road, Newville, Cumberland County, Pennsylvania, By an Agreement dated July 13, 1994, the parties agreed that in the event of a divorce and equitable distribution of marital property, the said real estate shall be exempt from any equitable distribution coincident with a divorce proceeding, Wife hereby confirms this agreement and agrees to execute a quitclaim deed to said property together with the execution of this agreement. Husband agrees to be solely responsible for the mortgage debt on said property with the Farmers Horne Administration, and to hold Wife harmless for any liability that may accrue to her as a result of such debt. 5, Division of Personal Property. The parties hereby agree that all items of personal property have been divided between them. 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 rnay hereinafter belong to that particular party, with the full power of the party to dispose of the same as fully and effectually in all respects and for all purposes if he or she were unrnarried. 6, Debts. The parties hereby agree that previous to the execution of this agreement, all issues concerning marital debt have been resolved between them, There is presently no debt in the names of both parties. The parties further agree that they are each solely and independently responsible for all debt presently in their own respective names, and each agree to indemnify and hold the other harmless for any such debt presently in their individual names. 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 fro the respective benefit of the parties and other 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. 10, Divorce, The parties acknowledge that an action in divorce between thern shall be filed by Husband in the Court of Comrnon Pleas of Cumberland County, Pennsylvania, to the caption Donald R. Jumper, I v. Terry L, Jumper, 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 rnarriage is irretrievably broken, and to settle amicably and fully hereby all claims raised by either party in the divorce action, The parties acknowledge they will execute the necessary Affidavits of Consent for the entry of a final divorce decree in that action when the appropriate statutory period has elapsed.. 11. 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 seek such other and additional remedied as may be available to him or her. 12, Enforcement. The parties agree that this marital settlernent agreement or any part or parts hereof may be enforced in any court of competent jurisdiction, 13, 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, 14, The Entire Agreement. The parties acknowledge and agree that this marital settlement agreement contains the entire understanding of the parties and supersedes any prior agreernent between them, There are no other representations, warranties, promises, covenants or understandings between the parties other than those expressly set forth herein. 16. Incorporation and Judgrnent for Divorce. In the event the 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 such judgment for divorce, either directly or by reference, The Court, on entry of judgment for divorce, shall retain the right to enforce the provisions and terms of this rnarital settlement agreement. 17, Additionallnstrurnents, 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. LY r-. '.- , . <j' c:: >': I- i~ 1.(' C' } .! ~: " :or: It' ().. ::.:i ~- r- ':...- ~( en . U) I' i " d. I i / _.11' >- : ilJ Ci:-' ~ ~ t u. r- .- .... ,'. U_ r- ::J 0 CJ'I U DONALD R. JUMPER, I. Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA v, : NO, 97- ..7(1b CIVIL TERM TERRY L. JUMPER, Defendant : CIVIL ACTION - LAW : IN DIVORCE COMPLAINT IN DIVORCE 1, Plaintiff is Donald R. Jumper, I, an adult individual currently residing at 667 Shippensburg Road, Newville, Curnberland County, Pennsylvania 17241, 2, Defendant is Terry L. Jumper, an adult individual currently residing at 504 3'd Street, Carlisle, Cumberland County, Pennsylvania 17013. 3, Plaintiff and Defendant are bonafide residents of the Commonwealth of Pennsylvania and have been so for at least six rnonths immediately prior to the filing of this complaint. 4, Plaintiff and Defendant were married on June 1, 1991, in Carlisle, Cumberland County, Pennsylvania, 5, There have been no prior actions for divorce or annulment between the parties, 6, The Defendant is not a member of the Armed Forces of the United States of America, or its Allies, 7, The Plaintiff has been advised of the availability of counseling and the right to request that the court require the parties to participate in counseling, Knowing this, the Plaintiff does not desire that the court require the parties to participate in counseling, 8, Plaintiff and Defendant are citizens of the United States of America, 9, The parties have lived separate and apart since October 30, 1996, and continue to live separate and apart as of the date of this complaint. 10, The parties' marriage is irretrievably broken, 11, Plaintiff desires a divorce based upon the belief that Defendant will, after ninety days from the date of the filing of this divorce complaint, consent to this divorce, WHEREFORE, Plaintiff requests your Honorable Court to enter a decree in divorce, Respectfully submitted, r ~ t y K 0- ~ ROBERT PETER KLINE, ESQUIRE Attorney 10 #58798 331 Bridge Street, Suite 350 Post Office Box 461 New Cumberland, PA 17070-0461 (717) 770-2540 Attorney for Plaintiff ~ VERIFICATION I, Donald R. Jurnper, I, verify that the statements rnade in the foregoing Divorce Complaint are true and correct. I understand that false statements made herein are subject to the penalties of Pa,C,S.A. Section 4904 relating to unsworn falsification to authorities, //~- tJ 7 Date '/1]: I . I r i , , , '>- ~ Q od ~ - ~ ~, -' ...... ';! ~'" ('. .~ , .. :...-:, ~ I,. , V) ttll " , \3 ~. : ; . .":..1 ~ '::11 \',', :Il -:;j " , , , . ~ c::, .',j 0l. ,. '5,.... '0 " l,_ , - i I " ,- ,;,,) U (J' ~ r DONALD R. JUMPER, I, PLAINTIFF : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : NO, 97-206 CIVIL TERM V, TERRY L. JUMPER, DEFENDANT : CIVIL ACTION - LAW : IN DIVORCE AFFIDAVIT OF SERVICE I HEREBY CERTIFY THAT I served a certified copy of the Divorce Complaint filed in the above captioned case upon Terry L. Jumper, Defendant, by certified mail, return , i, receipt requested, and also by first class mail, postage prepaid, on January 14, 1997 , I t I "I t , addressed to : Terry L. Jumper 504 Third Street Carlisle, PA 17013 and did thereafter receive same as evidenced by the attached Post Office receipt card dated January 22, 1997, I VERIFY THAT THE STATEMENTS MADE IN THE FOREGOING AFFIDAVIT OF SERVICE ARE TRUE AND CORRECT TO THE BEST OF MY KNOWLEDGE, INFORMATION AND BELIEF, I UNDERSTAND THAT FALSE STATEMENTS HEREIN MADE ARE SUBJECT TO THE PENALTIES OF 18 PA,C,S, SECTION 4904 RELATING TO UNSWORN FALSIFICATION TO AUTHORITIES, :2.3 (J~ 19.'1.;' Date r l~?~Q-~ ROBERT PETER KLINE, ESQUIRE 331 Bridge Street, Suite 350 Post Office Box 461 New Cumberland, PA 17070-0461 (717) 770-2540 Attorney for Plaintiff ~ , DONALD R. JUMPER, I, Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : NO, 97-206 CIVIL TERM : CIVIL ACTION - LAW : IN DIVORCE v, TERRY L. JUMPER, Defendant AFFIDAVIT OF CONSENT 1, A Cornplaint in Divorce under Section 3301(c) of the Divorce Code was filed on January 14, 1997, 2, The marriage of Plaintiff and Defendant is irretrievably broken and ninety (90) I I i "I I i I days have elapsed from the date of the filing of the Cornplaint. 3, I consent to the entry of the final Decree of Divorce after service of notice of intention to request entry of the decree, I VERIFY THAT THE STATEMENTS MADE IN THE FOREGOING AFFIDAVIT ARE TRUE AND CORRECT, I UNDERSTAND THAT FALSE STATEMENTS HEREIN ARE MADE SUBJECT TO THE PENALTIES OF 18 PA. C,S, SECTION 4904 RELATING TO UNSWORN FALSIFICATION TO AUTHORITIES, lie., ~\ .qq'i,l Date 4..//t;J~, r DONALD R. JUMPER, ~ DONALD R. JUMPER, I, Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : NO, 97-206 CIVIL TERM : CIVIL ACTION - LAW : IN DIVORCE v, TERRY L. JUMPER, Defendant WAIVER OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER SECTION 3301(cl OF THE DIVORCE CODE 1, I consent to the entry of a final decree of divorce without notice, 2, I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if I do not claim them before a divorce is granted, .! i i I r 3, I understand that I will not be divorced until a divorce decree is entered by the Court and that a copy of the decree will be sent to me immediately after it is filed with the prothonotary, I VERIFY THAT THE STATEMENTS MADE IN THIS AFFIDAVIT ARE TRUE AND CORRECT, I UNDERSTAND THAT FALSE STATEMENTS HEREIN ARE MADE SUBJECT TO THE PENALTIES OF 18 Pa,C,S, SECTION 4904 RELATING TO UNSWORN FALSIFICATION TO AUTHORITIES, II" ~u\ Iq9 -+- Date '.- ", .- cr- ,,, t.: .. '-;<", (') .") UJ~ # ~ .. I g~' ~::. -. ~. '"- IOJ u.... f'~ ~( <;0 '~" (' .\:>~ -' " I h/ U.I ' - ,.. ~t!l >- I'IU u.:): ..~ :;.IC,1.. 1-' :s.: ".::: ~ r- .J C" () -