The URL can be used to link to this page

Home My WebLink About97-00521 ~ \I -... -h III +- '" - - .=> - \ i - ~ ;/ ~ ~ SEPARATION AGREEMENT THIS IS AN AGREEMENT made thi,\';Z3~, of,hme, Nil/eteel/lIl1l/dn:d (md Nil/ety Sevel/ (1997) Hy and Hetweel/ James E, Kistler of 34 S, East Street, Carlisle, Pa 17013, hereinafter referred to as Husband and Elizabeth p, Kistler of 47 Liberty Court, Carlisle, Pa 17013, hereinafter referred to as Wife; WHEREAS, Husband and Wife were married on November 26, 1991, in Cumberland County, Pennsylvania; WHEREAS, the parties have two children, Aimee Beth, born April II, 1972, and Melissa Skye, born October 4, 1974, and WHEREAS, various differences have arisen between Husband and Wife, whereby they have been living separate and apart; and WHEREAS, the parties have agreed to maintain separate and permanent domiciles and to live apart from each other; NOW, TIfEREFORE, for and in el(change of mutual considerations, and intending to be bound by the provisions hereof, the parties agree as follows: I, Husband conveys to Wife all of his right, title, and interest in real property, consisting of residence at 47 Liberty Court, Carlisle, South Middleton Township, Cumberland County, Pennsylvania, in Wife's name only, Wife agreeing to assume and to pay balance due under mortgage to Columbia National Mortgage Co" and all judgments, liens, notes, and other encumbrances relating to said property el(isting and recorded on the date of this agreement and to indemnify, save, and hold harmless Husband against any and all claims, causes of action, suits or litigation for money owed, damages, indirect or consequential, including legal fees, arising out of failure of Wife to so pay such liens and encumbrances, 2, Wife conveys to Husband all of her right, title, and interest in real property, consisting of residence at 34 S, East Street, Carlisle, Cumberland County, Pennsylvania, in Husband's name only, Husband agreeing to assume and to pay balance due under mortgage to Columbia National Mortgage Co" and all judgments, liens, notes, and other encumbrances relating to said property el(isting and recorded on the date of this agreement and to indemnify, save, and hold harmless Wife against any and all claims, causes of action, suits or litigation for money owed, damages, indirect or consequential, including legal fees, arising out of failure of Husband to so pay such liens and encumbrances, 3, Each party agrees to take all steps necessary to have the other spouse released from the obligation of the mortgage on each of the respective properties, if such is required and can be obtained, and to execute any and all documents required therefore 4, Parties have agreed between themselves on dislribution of personal property owned, have taken possession thereof, and do hereby convey each to the other all of their right, title, and interest therein, 5, Wife conveys all of her right, title, and interest in 1990 Jeep Wrangler and 1986 Buick LeSabre vehicles in Husband's name and possession to Husband, Husband conveys all of his right, title, and interest in Saab vehicle in Wife's name and possession to Wife, Each party agrees to assume and to pay and to indemnify and hold harmless the other from any and all claims for the balances due to any lending institution for the vehicles, existing at the time of this separation agreement. 6, Both parties agree to share the financial costs of the undergraduate andlor graduate education of Melissa to the extent of their financial capabilities and to share the expenses for Melissa of medical and dental costs, including insurance, and including prescription and hospital costs, to ensure her well being, 7, Each party agrees to pay the costs of and balances due on credit cards in the name of each party, each agreeing to indemnify and hold harmless the other from any and all claims for balances due on credit cards in the other persons name, 8, Each party conveys his or her right, title, and interest in savings and checking accounts, life insurance, and pension programs in the name of the other spouse, 9, Parties will file separate tax returns for all levels of government. 10 Except as otherwise set forth herein, each party hereby releases the other from any and all claims, or demands arising out of the parties right to equitable distribution of personal and real property under Section 40 I of the Divorce Code, or any rights or claims in the personal or real property in the possession of the other party arising under the law, II, Each party hereby releases the other from any and all claims, or demands for alimony or support, which claims or demands may be based on Section 50 I of the Divorce Code or under any other provision of the law, 12, Each party further releases the other from any and all claims or demands for counsel fees and expenses, which claims or demands may be based on Section 502 of the Divorce Code or under any other provision of the law, 13, Neither party shall contract or incur any debt or liability for which the party or his or her property or estate might be responsible and shall indemnify and save the other party harmless from any and all claims or demands made against him or her by reason of debts or obligations incurred by the other party, 14, Each party hereby waives, releases and relinquishes any and all rights that he or she may now have or may hereinafter acquire as the party's spouse under the present or future laws of any jurisdiction: A, To elect and to take under any Will or Codicils of the other party now or hereafter, B, To share in other party's estate in case of intestacy, C, To act as executor or administrator of the other party's estate, 15, Wife hereby agrees to execute all necessary documents, pleadings or artidavits in order that Husband may proceed with obtaining a no.fault divorce, 16. This Agreement shall be construed under the laws of the Commonwealth of Pennsylvania, If any provisions of this Agreement are held to be invalid or unenforceable, all other provisions shall continue to be in full force and effect. 17, The parties warrant and represent that they have made a full disclosure of all assets prior to the execution of this Agreement. 18, This Agreement shall bind the parties hereto, their respective heirs, executors, and assigns, 19, Each party has had the opportunity to have legal counsel to represent each of them in the negotiation and preparation of this Agreement and has either been so represented or has voluntarily chosen not to be represented, Each party has carefully read this Agreement and is completely aware, not only or its contents, but also of its legal effect, IN WITNESS WHEREOF, the parties hereto intending to be legally bound hereby have hereunto set their hands and seals the day and year first above written, ~~~ (.I, ~i7/~ Elizabjh p, Kistler WITNESS i I '>, (~ ) " i !: I II! '. ,. " . i l. " I (~, j I , L ~ I " ". ! '- c" ! , I i I ,lAMES E. KISTLER Plaintiff IN TIlE COURT OF COMJ\10N I'LEAS OF CUMBERLAND COUNT\', PENNSYLVANIA ,.s. CIVIL DIVISION . LAW EUZABETH P. KISTLER Defendant NO. 97-521 CIVIL TERM IN J)JVORCE PRAECIPE TO TRANSMIT RECORD TO lHF. PROTHONOTARY: Transmilthe record, together with the following infomlation. 10 the Coun for entry of a divorce deerce: I, Ground for divorcc: Irretric\able breakdown under Section 3301(c) of the Divorce Code, 2, Date and manner of service of the Complaint: The Complaint was mailed by cCl1ified. n:tum receipt mail to Defendant on February 5, 1997. 3, Date of execution of the Affidavit of Consent required by Section 3301 (el of the Divorce Code: Plaintiff signed on June 23, 1997; DefcndUl~cd,ltn Ju~e 23, ) 997, 4. '01,,", oI,;m, "",d;", NONE. ~" ) June 27. 1997 ~'hri H. u s. Esquire 5. Date Plaintiff's Waiver of Notice in ~3301 (c) Divorce was filed with B 0 JJOS & GII.ROY, 1',('. the Prothonotary: July 14, 1997 4 :-.Ionh Hanover Strect Carlisk. Pennsylvania ) 70 13 Date Defendant's Waiver of Notice in n301(c) Divorce was filed with 717/243.-1574 or 7171766.1690 the Prothonotary: July 14, 1997 FAX ti717/243.S227 ;1'">' -J............ -J. Q: ai ~ 8::- ., Ii '", . ~ ~ i .. <) '\j ':-.. ;' V:l Y ~U~. \J\ ~ ~ '=il " ' ..... ~ d.. '6,.. c:J ... . . , ,'- " \.) ~ ' I- BROUJOS Ik GILROY, P. c. ATTORNEVS AT LAW . NORTH HANOVER STREET CARLISLE, PENNSVLVANIA 17013 el171 2.,.411574 7CUs-tSIO " . ,~ _.., ~1 JAMES E. KISTLER Plaintiff IN TIlE COURT OF COMMON PLEAS OF CllM8EIU.AND COUNTY, PENNSYLVANIA V5. CIVIL DIVISION - LAW ELlZA8ETII P. KISTLER Defendant NO. 97-521 CIVIL TERM IN DIVORCE AFFIDAVIT OF CONSENT I. A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed on January 31, 1997, 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety days have elapsed from the date of filing the ComplalOt, 3, I consent to the entry of a final decree of divorce after service of notice of intention to request entry of the decree, 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 DATE: June 23,1997 j {. rt Yrd-U LL izabeth p, Kistler '- , ' . , ,::: I ~ ,1 , l.: r L..,' .. ' .. ;~- ,: ',' ~ "=' ":'l.~ .. ~ ~ . ~.._- .-'=' 8ROUJOS & GILROY, p, C. ATTORNEV8 AT LAw 4 NORTH HANOVER STREET CARLISLE, PENNSYLVANIA 17013 Iml 243'4874 7ee.l110 .- .-. -, .. ! JAMES E. KISTLER IN TIlE COURT OF COMMON PLEAS OF CUMBERLAND COUN1Y, PENNSYLVANIA Plaintiff vs. CIVIL DIVISION - LAW ELIZABETII P. KISTLER Defendant NO. 97,521 CIVIL TERM : IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER ~JJOI(c) OF mE DIVORCE CODE I, 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 properly, lawyer's fees or expenses if I do not claim Ihem before a divorce is granted, 3, I understand that I will not be divorces until a divorce decree is entered by the Court and thai a copy of the decree will be sent to me immediately after it is filed wilh 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, ~4904 relating to unsworn falsification to authorities, DA TE, June 23, 1997 ( L ~--:>wL.. . EIi~abeth p, Kistler o ~~. ~~ .. ;.. . ., c. I' . I , t ; , <': . fl' ,~... .': LL:'. r." ,U, .~ '. I , " to,