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HomeMy WebLinkAbout97-00477 SEPARATION AGREEMENT AND PROPERTY SElTLEMENT This Agreernent, made and entered into this .l1:lb.day of F""eP.'?IL~ 1997, between Jodi R. Gamber, of Curnberland County, Pennsylvania, hereinafter referred to as "Wife", and Michael E. Gamber, of Cumberland County, Pennsylvania, hereinafter referred to as "Husband". WHEREAS, the parties hereto are now Wile and Husband, having been lawfully married to each other on May 14, 1994 in Lewisberry, York County, Pennsylvania; WHEREAS, there have not been any children born of this marriage 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 irnplications of this Agreement and the legal consequences that may and will ensue from the execution hereof, and each has had the 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 information of a financial nature requested by the other, and that no inforrnation of such nature has been subject to distortion or in any rnanner being rnisrepresenled; 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, currently 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 alirnony, alimony pendente lite, counsel fees, or expenses and other than as 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 hereby do hereby mutually 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 from 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 the other or compel or endeavor to cornpelthe other to cohabit or dwell with him or her by any rneans 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 the Husband or Wife's or family exemption or allowance, to be vested with letters of adrninistration 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 unrnarried, 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 the power to appoint one or rnore times any person or persons whom the Husband or Wife shall designate to be the attomey-in-fact for the other, in their name and in their stead, to execute and acknowledge 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 that neither shall hereafter be under any legal obligations to support the other, pay any expenses for rnaintenances, 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, alirnony pendente lite, counsel fees, expenses, or any type of financial assistance whatsoever from the other, except as otherwise expressly provided for herein. 4. Division of Personal Property. A. The parties hereby acknowledge and agree that all items of personal property have been divided between them to their rnutual satisfaction. 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 as if he or she were unrnarried. B. The parties hereby agree that the 1986 Mercury Lynx will rernain the sole and separate property of the Wife; and that the 1987 Ford Bronco will remain the sole and separate property of the Husband; C. The parties hereby agree that the Department of Veterans Affairs Land Mortgage Certificate shall remain the sole and separate property of Husband. 5, Debts. The parties hereby agree that Wife shall be solely responsible for the personal loan in her narne with Pennsylvania National Bank of Harrisburg; and that Husband shall be solely responsible for the personal loan in his name with Pennsylvania National Bank of Harrisburg, a Sears credit card, a Discover credit card, and any indebtedness with his employer, Snap-On Tools, or MAC Tools. The parties further rnutually agree that they will hold the other harrnless as to any liability for any debt stated above for which each respective party now assumes sole liability. 6, Future Debts. The parties further agree that neither will incur any more further debts for which the other rnay 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. 7. Marital Horne. The parties are the owners of a 1982 Commodore mobile horne (the rnarital home) presently located at 151 Regency Woods North, Carlisle, Curnberland County, Pennsylvania. This mobile home shall be sold at the earliest possible tirne. Proceeds from the sale of this mobile horne shall be first apportioned to the outstanding loan with Greentree Financial Company, which is secured by this rnobile horne, in the approximate amount of $12,500.00; then to the cost of skirting or other irnprovernents to the rnobile home that may be required by the mobile horne park as a result of the sale; then to any other costs directly incident to the sale and transfer of title to of the rnobile horne. After payrnent of all the above, any remaining proceeds from the sale of the rnobile home shall be split equally between the parties, Both parties agree to execute any and all future docurnents reasonably related to the transfer of title to the rnobile home and to cooperate in the prompt payment of all debts and invoices as outlined above. 8, Waiver of Alimony. In consideration of the mutual agreement of the parties voluntarily to live separate and apart and the provisions contained herein for 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 rnay have to any pension or ernployment benefits of any kind, earned during the marriage, by the other party. 10. Divorce. The parties acknowledge that an action for divorce between them has been filed by Wife and is presently pending between them in the Court of Comrnon Pleas of Curnberfand County to the caption Jodi R. Gamber v. Michael E. Gamber, 97-477 Civil Term. 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 marriage is irretrievably broken, and to settle amicably and fully hereby all claims raised by either party in the divorce action. The parties acknowledge that each will execute the necessary Affidavits for Consent for the entry of a final divorce decree in the divorce action upon the expiration of the requisite ninety (90) days, 11. Breach. In the event that either party breaches any provision of this Separation and Property Settlernent 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 to seek such other and additional remedies as may be available to hirn or her. 12. Enforcement. The parties agree that this rnarital settlement 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 rnarital settlement agreernent shall be construed under the laws of the Cornrnonwealth 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. 15, Incorporation and Judgment for Divorce. In the event that either husband or wife at any tirne hereafter obtain a divorce in the action for divorce presently pending between them, or otherwise, this agreernent and all of its provisions shall be incorporated into any such judgment for divorce, either directly or by reference. The Court, on entry of judgrnent for divorce, shall retain the right to enforce the provisions and terms of this rnarital settlement agreement. 16. Additional Instruments. 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 rnay be necessary or desirable to effectuate the provisions and purposes of this Agreernent. If either party fails on demand to cornply with this provision, that party shall pay to the other all attorney's fees, costs, and other expenses reasonably incurred as a result of such failure. IN WITNESS WHEREOF, the parties have set their hands and seals the day and year first written above. WITNESS: ;1.-1-Q, Jpl.t y{, 91-" "',- JODI R. GAMBER Jjf.tI&.R L-]7-~~ ~ ..:r ~ C'" .. .- ..., -:'-1; lWC: - .);,;.: '-2(-- :':: .J .:: [,':~ u. ~'~3 .......- ~c GO ....-,.ct) II I ,-! z:; L'C. . I~ .t:- .J,., >- .lHiJ [T-- '"'" :,,'\0.. -' i-- :0:. .., u r- ::; 0 Cl' U JODI R. GAMBER, Plaintiff, : IN THE COURT OF COMMON PLEAS :CUMBERLAND COUNTY. PENNSYLVANIA r l . v. : NO. 97- CIVIL TERM MICHAEL E. GAMBER, Defendant : CIVIL ACTION - LAW : IN DIVORCE COMPLAINT IN DIVORCE 1. Plaintiff is JODI R. GAMBER. an adult individual. currently residing at 151 Regency Woods North. Carlisle, Cumberland County. Pennsylvania. 2. Defendant is MICHAEL E. GAMBER, an adult individual, currently residing at 151 Regency Woods North. Carlisle. Curnberland County, Pennsylvania. 3. Plaintiff and Defendant are bonafjde residents of the Comrnonwealth of Pennsylvania and have been so for at least six rnonths irnrnediately previous to the filing of this complaint. 4. Plaintiff and Defendant were rnarried on May 14. 1994 in Lewisberry. York County. Pennsylvania. 5. There have been no prior actions for divorce or annulrnent between the parties. 6. The Defendant is not a rnember of the Arrned Forces of the United States of Arnerica. 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 Arnerica. % I' l:r f . I..' , l.. r.. ~."_ J L ...~- ~. h L- . . '. ," ". ') ~ ~l ~ . ~ ~ \\ l' '. \ :::t- . ~ I~ " '? ~ l i . . -j Y) , ~~ . ,'\ f'\ ~ " ...... ' '~J - ">- c> ~,.4 ",-;' ~.: .. ',~ ,. - uj... ~ ;.-; C}' : __l .~ U.- ~~. .-~j ~i >. , ~-: III C".: \ -~,~ ~~\. ./ CP '~Q uJ 'L~ i "'- l', r- -' 0 CJ" U I \ JODI R. GAMBER, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff vs. NO, 97-477 CIVIL TERM MICHAEL E. GAMBER, Defendant CIVIL ACTION - LAW IN DIVORCE AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under Section 3301 (c) of the Divorce Code was filed on January 29.1997. 2, The marriage of Plaintiff and Defendant is irretrievably broken and ninety (90) days have elapsed from the date of the filing of the Complaint. 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. Ilonl .-?(: /qq7 Date' . j~1 L/~. f}ttr. b~, JODI R. GAMBER >- ..:3' .- c~ N ';... ~ .. ""i ,,; w<;? - . )~o ~ u.. :r:: ,l~ ( -::~ EE?- u... ~'~ co .~ ~- c- I "-... " ~rn L' , >- lI:-. .:.z.:. :,~a.. r. ::: .<. 5 .... ,;J IT' U JODI R. GAMBER, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff vs. NO, 97-477 CIVIL TERM MICHAEL E. GAMBER, CIVIL ACTION - LAW Defendant IN DIVORCE WAIVER OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER SECTION 3301(c) OF THE DIVORCE CODE 1. I consent to the entry of a final decree of divorce without notice. 2. I understand that I rnay 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 rne imrnediately 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. ^ /tm/ JO, I ql/ 7 Date ' \.)kt' l/ i; qtl'" Ix.~ JODI R. GAMBER >;: ~ , ~I." (-.I ,..- -' ,-, :'cY- we., '--'z SJf": :;: 'J~ ft.. LL ....,:::; - , - ->- 9<.: m " (f) 0" I '7- 1_!JCo. :lru ~I~. ~ - r~lo. F :c ~: lo_ .- '5 0 0" U JODI R. GAMBER, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff vs. NO. 97-477 CIVIL TERM MICHAEL E. GAMBER, CIVIL ACTION - LAW Defendant IN DIVORCE AFFIDAVIT OF CONSENT 1, A Cornplaint in Divorce under Section 3301(c) of the Divorce Code was filed on January 29, 1997. 2. The rnarriage of Plaintiff and Defendant is irretrievably broken and ninety (90) days have elapsed frorn 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. 4/1o/fl'i , Date ~ - I >- ~ -- 0;; N .' i.:= :'--1: ,-\ UJ;, . J -~; U' :r: '-':-=-' --( -' lj. - u.- -.,::j O~~ "- l co .:ta 01'- I II:.. Uj'- ,.',.r G:;- I >- ;itW .-r ::. ~ 0... t''': =t: :2 lI_ t- ~ 0 C1' U >- .;r >- o- N -" ~.. >-= ~:) or:r wQ .)~~ ~)r-'I ~ ,.J:t: [f;~. 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