Loading...
HomeMy WebLinkAbout97-00578 GERALD E. LAUGHMAN, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA v. . NO. 97-578 CIVIL TERM . . . BONNIE L. LAUGHMAN, . CIVIL ACTION - LAW . Defendant : IN DIVORCE PROPERTY SETTLEMENT AGREEMENT This Agreement is hereby entered into by and between Gerald E. Laughman, of 40 Mountain View Terrace, Newville, Cumberland I II [' County, Pennsylvania, 17241 (hereinafter referred to as "Husband") and Bonnie L. Laughman, of 1465 Trindle Road, Apt. 0, Carlisle, Cumberland County, Pennsylvania, 17013, (hereinafter i ! referred to as "Wife"). , WHEREAS, the parties hereto are Husband and Wife, having been married on April 6, 1969 in Carlisle, Cumberland County, i i Pennsylvania; and WHEREAS, difficulties have arisen between the parties as a " i result of which they now desire to live separate and apart and by this Agreement to settle all financial and property rights between them; and WHEREAS, Husband and Wife respectfully acknowledge that before signing this Agreement they have been fully advised by counsel of their rights and obligations, have read carefully and understand the terms of this Agreement, and have freely consented to this Agreement, believing it to be fair, just and equitable; and WHEREAS, Husband and Wife are satisfied that they understand Page 1 of 8 " . the value and extent of all property which would be considered I "marital property" under the Pennsylvania Divorce Reform Act, whether titled or owned separately or jointly as well as the value and extent of nonmarital property held or expected to be held by each other; and NOW, THEREFORE, in consideration of the mutual promises and I undertakings set forth herein and intending to be legally bound hereby, the parties hereto do hereby agree as follows: 1. Mutual SeDaration. Husband and Wife shall be free from constraint or control by the other as fully as if he or she were unmarried. Neither shall disturb, trouble and interfere in any way with the other or with any person for associating with the other. 2. Mutual Release. Husband relinquishes his inchoate, intestate right in the estate of Wife, and Wife relinquishes her inchoate, intestate right in the estate of Husband, and each of the parties hereto by these presents, for himself or herself, his or her heirs, executors, administrators or assigns, does remise, release, quit claim and forever discharge the other party hereto, his or her heirs, executors, administrators or assigns, or any of them, of any and all claims, demands, damages, actions, causes of action or suits at law or in equity, or whatsoever kind or nature, for or because of any matter or thing done, admitted or suffered to be done by the other party prior to and including the date hereof; further, the parties acknowledge that all rights Page 2 of 8 i under the Pennsylvania Divorce Code that are not specifically incorporated herein are hereby expressly waived. Notwithstanding the foregoing language of this paragraph, this release shall in no way exonerate or discharge either party hereto from the obligations and promises made and imposed by reason of this i Agreement and shall in no way affect any causes of action in i divorce which either party may have against the other. J. Effect of Divorce Decree. This Agreement shall continue I in full force and effect after such time as a final decree in divorce may be entered with respect to the parties. 4. Aqreement to be Incorporated in Divorce Decree. It is specifically agreed that a copy of this Agreement shall be I incorporated by reference into any divorce, judgment or decree if or whenever sought by either of the parties hereto. Such incorporation, however, shall not be regarded as a merger, it being the intent of the parties to permit this Agreement to survive any such judgment or decree. The Court of Common Pleas of Cumberland County, Pennsylvania shall retain continuing jurisdiction over the parties and the subject matter of this Agreement for the purpose of enforcement of any of the provisions hereof. 5. Date of Execution. The "date of execution" or "execution date" of this Agreement shall be defined as the date upon which it is executed by the parties if they have each executed the Agreement on the same date. Otherwise, the "date of Page 3 of 8 execution" or "execution date" of thie Agreement shall be defined as the date of execution by the party last executing this I Agreement. 6. Debts. During the course of the marriage, Husband and Wife have incurred certain bills and obligations and have amassed a variety of debts. It is hereby agreed, without the necessity of ascertaining for what purpose and to whose use each of the bills were incurred, that both parties are responsible for such bills, obligations, and debts as follows (all amounts are accurate as of March 7, 1997): Husband wife Members First ($3150.29) First USA ($3922.08) Members First ($2078.77) Sears ($1295.85) Beneficial Finance ($519.73) Montgomery Wards ($623.00) DAFCU Visa ($438.00) Lowe's ($214.00) American General ($1908.00) The majority of these debts are solely in Wife's name. Wife , , will indemnify and hold Husband harmless as to all debts upon receipt of proof that Husband has paid Members First in full and has paid his share of the First USA debt. 7. Husband and Wife each agree to hold the other free and harmless from any and all liability which may arise from any outstanding bills, obligations and debts incurred after the date of filing of the Divorce Complaint at the above docket number, and further agree to indemnify and defend the other from any claim regarding same. Both parties agree that, in the future, Page 4 of 8 neither shall cause or permit to be charged to or against the other any purchase or purchases which either of them may hereafter make and shall not hereafter create any engagements, debts, or obligations in the name of or against each other. 8. Each party agrees to not hold the other responsible for further payments on the above accounts for which they have assumed half of the responsibility should the other party tender payment of his or her half share of the debt. All debts to be paid on or before the due date for the particular bill statement. 9. Personal Procertv. The parties have agreed between themselves to a division of all household furnishings and personal property which would be considered "marital property" under the Pennsylvania Divorce Code as follows: wife Electrolux Vacuum/Carpet Cleaner Master bedroom television Small television Video cassette player/recorder Blonde bedroom set Entertainment center Microwave Push mower Kitchen table and chairs Roll arm bench Heart shelf Toaster Food processor Pitcher, bowl, and stand 1995 Chevy GEO tracker Husband and Wife agree to equally divide all towels, pots Husband Kirby Vacuum/Carpet Cleaner Living room television Back bedroom television Video cassette player/recorder Brown bedroom set Living room furniture Freezer Riding mower Camper Gun cabinet washer & Dryer Truck and pans, sheets, blankets and curtains. 10. Marital Residence. Husband had paid Wife a lump sum of Page 5 of 8 $6000.00 which sum represents Wife's one half interest in the marital residence located at 40 Mountain View Terrace, Newville, Cumberland County, Pennsylvania, 17241. The Husband shall remain in the marital residence. 11. Enforcement. If either party defaults in the due performance of any of the terms, conditions, and covenants of. this Agreement of his or her part to be performed, the non- defaulting party shall have the right to sue for specific performance or damages for the breach of the Agreement, and the defaulting party shall pay the reasonable legal fees for any services rendered by the non-defaulting party's attorney in any judicial or arbitral determination of breach as well as costs to bring the action or proceeding of enforcement. 12. Execution of Documents. The parties agree to execute all documents, including but not limited to, deeds of title that are reasonably necessary to effectuate the purpose of this Agreement. In the event that either party shall refuse or fail to execute andlor acknowledge any such document, then the other party shall have, and is hereby granted, the right and power to appoint one or more times any person or persons of his or her choosing as attorney-in-fact for the other party to so execute and acknowledge such documents. 13. After-Acauired Prooertv. Each of the parties shall hereafter own and enjoy, independently of any claim or right of the other, all items of property, be they real, personal or Page 6 of 8 mixed, tangible or intangible, which are acquired by him or her after the date of filing of the Divorce Complaint at the above docket number, 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. 14. Alimonv Pendente Lite. SDousal SUDDort. Alimonv Both parties agree to waive any and all claims to alimony pendente , lite, spousal support, or alimony. " i I I i 15. Miscellaneous. A. This Agreement constitutes the entire agreement between 'i the parties, being the final and complete settlement of all , matters between them and supersedes any prior written or oral ! agreements between them respecting the within subject matter. There are no representations, agreements, arrangements or understandings, oral or written, between and among the parties hereto relating to the subject matter of this Agreement which are i not fully expressed herein. B. This Agreement may not be amended, modified, altered or revoked except in writing executed by both the parties hereto. C. This Agreement may not be assigned by either party without the prior written consent of the other party. D. This Agreement may be executed in multiple counterparts, each of which shall be deemed an original for all purposes, and all of which together shall constitute one and the same instrument. Page 7 of B VERIFICATION OF PLEADINGS . The foregoing document is based upon infom1ztion which has been gathered by my counsel and myself in the preparation of this action. The language of the document may, in part, be the languag~ of my counsel and not my o\\'n. I have rud the statements made in this document and to the extent that it is based upon information which I have given to my counsel, it is tnle and correct to the best of my knowledge, information and belief. To the extent that the contents of the statements are that of counsel, I have relied upon counsel in making this Verification. I understand that false statements herein are made Sllbject to the penalties of 18 PA. C.S. 94904, relating to unsworn falsification to authorities. Date: / - /0 . 199~7 ~/nO~5- L1. "',.- (' l ,.- ,'. : ~, : " , I)" r ' f' I., ( " II. .. V. '- C' Co' '.J \ ( j ) >- ..:r - l"..: -:J ; ". ,- 0 )< ~~:1 ,. . , ' ::c 1'_-,. ~ ;'0.. ~I: . ":-.-j ( , ,'-- '- -:r ' .'In UJI' ,. , '''.. _J11 cr. .: :::.:: c:: " ~ I fJ 1- l.LJ :- ~.1.. L... '-'- r- ~) 0 0' J ) 'I,; ~ ~ {'o .".. f' .. \i\ )s ... \ 1 ~ (\ ~ ;.,