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HomeMy WebLinkAbout97-00397 \ \. I I IJ i - ! - .... I ~ , , I I ~ 3 - - - .f , 't - " " '\ ! .' .~", ~ ." ",,-t- r - . ,;) - t- <:)- l'c) I ~I ~ . ~ 7-x, .9") d,,1 '~/I':i!~;/ ,ed4C~/~/ 130.[J7 ,'7J.'~;. Rf..?,6 ~~. ~ NOW THEREFORE, in consideration of the premises and of the mutual promises, covenants and undertakings hereinafter set forth, Husband and Wife each intending to be legally bound and to legally bind their heirs, successors and assigns thereby covenant, promise and agree dS follows: 1. Separation. Husband and Wife shall at all times hereafter have the right to live separate and apart from each other and to reside from time to time at such place or places as they shall respectively deem fit, free from any control, restraint or interference whatsoever by the other, subject to the further provisions of this Agreement. Neither party shall molest the other or endeavor to compel the other to cohabit or dwell with him or her by a legal or other proceeding. The foregoing provision shall not be taken to be an admission on the part of either Husband or Wife of the lawfulness or unlawfulness of the cnusea leading to their living separate and apart. 2. Husband's Debts, Husoand shall hereinafter be responsible for any and all debts which he has incurred in his name, and promises to indemnify Wife for any liability she may have therein. Husband represents and warrants to Wife that since the date of their separation on or about March 30, 1996, he has not, and in the future will not, contract or incur any debt or liability for which Wife or her estate might be responsible and shall indemnify and save Wife harmless from any and all claims or ~~ ~~~ demands made against her by reason of debts or obligations incurred by him. 3. Wife's Debts. Wife shall hereinafter be responsible for any and all debts which she has incurred in her name, and promises to indemnify Husband for any liability he may have therein. wife represents and warrants to Husband that since the date of their separation on or about March 30, 1996, she has not, and in the future will not, contract or incur any debt or liability for which Husband or his estate might be responsible and shall indemnify and save Husband harmless from any and all claims or demands made against him by reason of debts or obligations incurred by her. 4. Division of Personal Propertv, Husband and Wife acknowledge that they have acquired and accumulated various assets which would be defined as either separate or marital property under the Divorce Code of 1980. The parties further agree that they have effected a satisfactory division of all of their personal property. More specifically, Wife shall, from and after the date hereof, be the sole and separate owner of all of the personal property presently in her possession or under her control. Husband, from and after the day hereof, shall be the sole and separate owner of all the personal property presently in his possession or in his control. 3 ~ V~~ From and after the date of execution of this Agreement, each of the parties shall own and enjoy, independently of any claim or right of the other all items of property, be they real, personal or mixed, tangible or intangible, which are hereafter acquired by him or her, with full power in him or her to dispose of the same as fully and effectively in all respects and for all purposes as though he or she were unmarried. Husband and Wife hereby relinquish to the other all of his or her respective right, title and interest, if any either has, in and to any retirement or pension plans of the other whether through employment or otherwise, if any such plans are in existence. 5. Motor Vehicles. Husband and Wife agree that they shall each become the sole and exclusive owners of any vehicles they currently own or possess, and in furtherance thereto they shall each take whatever steps are necessary to validate said ownership possession. 6. Real Property. Husband and Wife are owners of real property located at 928 Greenbriar Drive, Mechanicsburg, Cumberland County, Pennsylvania. Husband and Wife agree that Husband shall pay wife the sum of Twelve Thousand Five Hundred Dollars ($12,500) within 18 months from the date of this Agreement in return for Wife's interest in the marital residence. 4 ~ . Furthermore, Wife's name shall be removed from the mortgage on the marital home within two years from the date of this Agreement, and at that time, Wife shall execute a Deed conveying her interest in the marital home unto Husband. Husband shall be responsible for all mortgage payments, property taxes, insurance payments, and any other charges relative to the marital home. Likewise, in the event he should fail to abide by his obligations herein, then the house shall immediately be sold, and the proceeds divided equally, after payment of any obligations that husband may have defaulted upon. 7, Allocation of Present Debts. Husband and Wife each assert that there are no outstanding bills in their joint names, other than the aforegoing mortgage. However, it is further agreed that the parties shall jointly file their 1996 tax return, and any refund will be equally divided between the parties. 8. Spousal Support and Alimonv. Each of the parties hereby waive any right, claim, or title which they may have to spousal support and alimony payments from the other. 9. SubseQuent Divorce, Husband and Wife hereby acknowledge that Wife instituted an action in divorce against Husband, which action is docketed to No. 97-397 Civil, in the Court of Common Pleas, Cumberland County, Pennsylvania. Husband end Wife each hereby agree to sign the appropriate affidavit 5 of [Uprr-' ~~ consent, in order to terminate said marriage, in consideration for all the other promises and covenants contained herein. At such time as the divorce action is concluded, the parties shall remain bound by all terms of this Agreement. Further, this Agreement shall be incorporated into the final Decree in Divorce for purposes of enforcement, but shall not merge with the final Decree in Divorce. 10. Leqal Fees, Wife waives all claims against Husband for payment of her legal fees. Husband waives all claims against wife for payment of his legal fees. Each party agrees to be responsible for his or her own legal fees and related expenses, 11. Equitable Distribution of Marital Property. Alimony and Alimony Pendente Lite, Husband and wife acknowledge and agree that the provisions of this Agreement providing for the division of their marital property are fair, adequate and satisfactory to them and that this Agreement has been arrived at in a manner which conforms to the criteria set forth in the Pennsylvania Divorce Code taking into account all relevant considerations, including those set forth in Section 3502 of the Pennsylvania Divorce Code. Husband and Wife further agree to accept the provisions set forth in this Agreement in lieu of and in full and final settlement and satisfaction of all claims and demands that either may now or hl'!reafter have against the other for equitable distribution of marital property, alimony, and alimony pendente lite. Each party shall indemnify, defend and 6 (J.tffr"" ~~ hold the other harmless against any future action for equitable distribution of marital property, alimony, or alimony pendente lite by or on behalf of the other such indemnity to include the actual counsel fees of the successful party in any such future action. 12. Helease. Subject to the proviDions of this Agreement, each party doeD hereby remise, rslease, quitclaim and forever discharge the other and the eBtate of the other from any and every claim that each other may now have or hereafter have or can have at any time, against the othor, or in and to or against the other's estate, or any part thereof, whether arising out of former contracts, eng8gements, or liahilities of the other or by way of oower or claim in the oaLure of dower, widow'u rightD or under the iotestate laws, or the riUht to tako againDt each other's will or for support of maiolonance or of any other nature whatsoever except any rightll accruiol] under thiD Agreement. 13. Breach, In the event either porty breaches any proviuioo of this Agreement, the othur party shall have the right at his or her election, to sue for damageD for such breach, or to seek such other remedies or relief an may be available to him or her. The party breaching thiD Agreemeot shall be responsible for payment of all legal fees and CODtD iocurred by the other in enforcing his or her rights under this Agreement or in seeking such other remedies or relief all may be available to him or to her. ./ yupr- ,vMN\ t . \ ,-' .-, -.. : : -n :" .' , '. .. . , I , , , , I , (;0 . : MARY E. PACELLA - MILLER, : IN TilE COURT OF COMMON PLEAS Plaintiff : : CUMBERLAND COUNTY, PENNSYLVANIA : VS. : CIVIL DIVISION : NILES M. MILLER, : NO. 97-397 CIVIL TERM Defendant : PRAECIPE TO TRANSMIT RECORD To the Prothonotary: Transmit the record. together with the following information to the court for entry of a divorce decree: 1, Ground for divorce: irretrievable breakdown under S330l(c) ~of the Divorce Cude. (Strike out inapplicable section). 2, Date and manner of service of the complaint: 1/31/97, by Certified Mail, return reciept requested 3, Complete either paragraph (a) or (~). (a) Date of execution of the affidavit of consent required by 5330l(c) of the Divorce Code: by plaintiff 6/30/97 by defendant 6/30/97 (b)( 1) Date of nf the Divorce Code: execution of the affidavit required by S330L(d) N/A: !2) Date of filing and service of the plaintiff's affidavit uporl tile r~spondent: 4, Related claims pending: The Seperation & Property Settlement Agreement shall be incorporated, but shall not merge w/ the Final Divorce Decree. 5, Complete r.ither (a) or (b). (a) Date and manner of service of the notice of intention t~ file praecipe to transmit record, a copy of which is attached: ______ N/A (b) Date plaintiff's filed with the Prothonotary: Date defendant's filed with the Prothonotary: Waiver of Not.ice in 53301(0) Divorce was 7/1n/Q7 (~~l~n~ n~~o) Waiver of Notioe in 53301(0) Divorce was 7/10/97 ( mailing date) ~._--_.. --- ~ -.. 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IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 97-397 CIVIL MARY E. PACELLA-MILLER, Plaintiff NILES M. MILLER, Defendant CIVIL ACTION - LAW IN DIVORCE AFFIDAVIT OF CONSENT AND WAIVER OF COUNSELING 1. A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed on January 23, 1997. 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety (90) days have elapsed from the date of filing the Complaint. 3. I consent to the entry of a final Decree of Divorce after service of notice of intention to request en~ry of the decree. 4. I have been advised of the availability of marriage counseling and understand that I may request that the Court require that my spouse and I participate in counseling. I further understand that the Court maintains a list of marriage counselors in the Prothonotary's Office, which list is available to me upon request. Being so advised, I do not request that the Court require that my spouse and I participate in counseling prior to a Decree being handed down by the Court. WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER SECTION 3301 leI OF THE DIVORCE CODE 1. I consent to the entry of a Final Decree of Divorce without further 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. 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 subject to the penalties of IB Pa. C.S. Section 4904 relating to unsworn falsification to authorities. Date vI ~ (lh 7 I 7 . .' t r . .. I I , I c- .:1 a L. _I .1 .'" L.... -. ~.~ - i; :-g ',:';: , ,. - ',23 .t.'. '),0 , " ." ~;.~ ~~~ .. "" , : ::J .-en ';. ~ .' . -.. .' .~ I:" :'1 ~ (1' ... I I I i i I I [ .. . MARY E. PACELLA-MILLER, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 97-397 CIVIL NILES M. MILLER, Defendant CIVIL ACTION - LAW IN DIVORCE AFFIDAVIT OF CONSENT AND WAIVER OF COUNSELING 1. A Complaint. in Dillorce under Section 3301(c) of the Divorce Code was filed on January 23, 1997. 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety (90) days have elapsed from the date of filing the Complaint. 3. I consent to the entry of a final Decree of Divorce after service of notice of intention to request entry of the decree. 4. I have been advised of the availability of marriage counseling and understand that I may request that the Court require that my spouse and I participate in counseling. I further understand that the Court maintains a list of marriage counselors in the Prothonotary's Office, which list is available to me upon request. Being so advised, I do not request that the Court require that my spouse and I participate in counseling prior to a Decree being handed down by the Court. WAIVER OF NOTICE OF INTENTION TO REOUEST 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 further 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. 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 subject to the penalties of IB Pa. C.S. Section 4904 relating to unsworn falsification to authorities. Date ~ - .30 q '7 ..:....:...~ ft~ ~ .'M',~ " Niles M. Miller . ., ,.. "' ;) _.J .,J ~ "'J I ::--J .., , , . " ! , (n :..~ ....