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HomeMy WebLinkAbout97-00660 \ ~ $ '< ~ ',- '",- " - . - :) - ~I I C' 0" c <. PROPERTY SEITLEMENT AGREEMENT THIS AGREEMENT, dated the .Q I ~t day of .TLUtuaIu..t ' 19 Q7, by and between RICHARD B, HUSS, JR., residing at 7 Sherwood Drive, Enola, Cumberland County, Pennsylvania, 17025, Social Security Number 174-46-6476, hereinafter called the "Husband", and ROXANN L, HUSS, formerly LEBO residing at 7 Sherwood Drive, Enola, Cumberland County, Pennsylvania, 17025, Social Security Number 174-56-5455, hereinafter called the "Wife" , who agree as follows: WITNESSETH; WHEREAS, the parties are Husband and Wife, having been married on September 9, 1989 in Enola, Pennsylvania, WHEREAS, there have been issue of the marriage, to wit: Bret R. Huss, born January 21, 1992, hereinafter referred to as the Child, WHEREAS, diverse unhappy, and irreconcilable differences, disputes, and difficulties have arisen between the parties, and it is the intention of Wife and Husband to live separate and apart for the rest of their natural lives. and the parties hereto are desirous of sell ling fully and finally their respective financial and property rights and obligations as between each other including, without limitation by specification: the sell ling of all mailers between them relating to the ownership and equitable distribution of real and personal property; the settling of all mailers between them relating to the past, present and future support, alimony and/or maintenance of Wife by Husband or of Husband by Wife; the sellling of all mailers between them relating to the past, present and future support and/or maintenance of the Child. the implementation of custody/visitation arrangements for the minor Child of the parties; and in general. the settling of any and all claims and possible claims by one against the olher or against their respective estales. NOW THEREFORE. in consideration of the promises and of the mutual promises, covenants and undertakings hereinafter set forth and for other good and valuable consideration, receipt of which is hereby acknowledged by each of the parties hereto, Wife and Husband, each intending to be legally bound hereby, covenant and agree as follows: 1. AGREEMENT NOT A BAR TO DIVORCE PROCEEDINGS This Agreement shall not be considered to affect or bar the right of Wife or Husband to a limited or absolute divorce on lawful grounds if such grounds now exist or shall hereafter exist or to such defense as may be available to either party, This Agreement is not intended to condone and shall not be deemed to be a condonation on the part of either party hereto of any act or acts on the part of the other party which have occasioned the disputes or unhappy differences which have occurred prior to or which may occur subsequent to the date hereof.. The parties intend to secure a mutual consent, no-fault divorce pursuand to the terms of Section 3301(c) of the Divorce Code of 1980 as amended by Act No, 1990,206, effective 3- I 9-91. 2, EFFECT OF DECREE, NO MERGER It is specifically understood and agreed that the provisions of this Agreement relating to the equitable distribution of property of the parties are accepted by each party as a final settlement for all purposes whatsoever, Should either of the parties obtain a decree, judgment, or order of separation or divorce in any other state, country, or jurisdiction, each of the parties to this Agreement hereby consents and agrees that this Agreement and all of its covenants shall not be affected in any way by any such separation or divorce; and that nothing in any such decree, judgment, order, or further modification or revision thereof shall alter, amend or vary any term of this Agreement, whether or not either or both of the parties should remarry, it being understood by and between the parties that this Agreement shall survive and shall not be merged into any decree, judgment, or order of divorce or separation, It is further understood that Pennsylvania law provides that "a provision of an Agreement regarding child support, visilation or custody shall be subject to modification by the Court upon a showing of changed circumstances", It is specifically agreed, however. that a copy of this Agreement may be incorporated, by reference, into divorce judgment or decree, This incorporation. however, shall not be regarded as a merger, it being the intent of the parties to permit this Agreement to survive anysuch judgment, unless otherwise specifically providcd herein, and for this Agreement to continue in full force and cffect after such time as a final decree in divorce may be entered with respect to the parties, The parties agree that the terms of this Agreement may be incorporated inlo any divorce decree which may be entered with respect to them for purposes of enforcement only of any provisions therein, but shall survive such decree, 3, DISTRIBUTION DATE The transfer of property, funds and/or documents provided for herein shall take place simultaneously with the execution of this Agreement or as soon as practicable, 4. ADVICE OF COUNSEL The provisionsof this Agreement and their legal effect have been fully explained to the parties by their respective counsel, Joscph D, Buckley, Esquire, for Roxann L, Huss, and R, Scott Cramer, Esquire, for Richard B, Huss. Jr, The parties acknowledge that they havc received independent legal advice from counsel of their selection and that they fully understand the facts and have been fully informed as to their legal rights and obligations and they acknowledge and accept that this Agreement is, in the circumstances, fair and equitable and that it is being entered into freely and voluntarily, after having received such advice and with such knowledge and that execution of this Agreement is not the result of any duress or undue influence and that it is not the result of any collusion or improper or illegal agreement or agreements. 5, FINANCIAL DISCLOSURE The parties confirm that each has rclied on the substantial accuracy of the financial disclosure of the other as an inducement to the execution of this Agreement, and that Wife does not wish to exercise her right to have appraisals by experts as to the value of the various interests of Husband, She understands that such appraisals would be necessary to fix the fair market value of these interests for purposes of equitable distribution.. 6. PERSONAL RIGHTS Wife and Husband may and shall, at all times hereafter, live separate and apart, They shall be free from any control, restraint, interference or authority, direct or indirect, by the other in all respects as fully as if they were unmarried, They may reside at such place or places as they may select. Each may, for his or her separate use or benefit, conduct, carry on and engage in any business,occupation, profession or employment which to him or her may seem advisable, However, each party shall make best efforts to maintain employment with comparable benefits and salary as they now hold or for which they are in training, 7. NO MOLESTATION Husband and Wife shall not molest or interfere with each other, nor shall either of them attempt to compel the other to cohabit or dwell with her or him, by any means whatsoever, Neither party shall harass or be verbally or physically abusive to the other, 8, MUTUAL RELEASES Husband and Wife each do hereby mutually remise, release, quitclaim and forever discharge the other and the estate of such other, for all time to come, and for all purposes whatsoever, of and from any and all rights, title and interest, or claims in or against the property (including income and gain from property hereafter accruing) of the other or against the estate of such other, of whatever nature and wheresoever situate, which he or she now has or at any time hereafter may have against such other, the estate of such other or any part thereof, whelher arising out of any former acts, contracts, engagements or liabilities of such other or by way of dower or curtesy, or claims in the nature of dower or curtesy or widow's or widower's rights, family exemption or similar allowance, or under the intestate laws, or the right to take against the spouse's Will; or the right to treat a lifetime conveyance by the other as testamentary or all other rights of a surviving spouse to participate in a deceased spouse's estate, whether arising under the laws of (a) Pennsylvania, (b) any State, Commonwealth or territory of the United States, or (c) any other country, or any rights which either party may have or at any time hereafter have for past, present or future support or maintenance, alimony, alimony pendente lite, counsel fees, equitable distribution, costs or expenses. whether arising as a result of the marital relation or otherwise, except, and only except, all rights and agreements and obligations of whatsoever nature arising or which may arise under this Agreement or for the breach of any thereof. It is the intention of Husband and Wife to give to each other by the execution of this Agreement a full, complete and general release with respect to any and all property of any kind or nature, real, personal or mixed, which the other now owns or may hereafter acquire, except and only except all rights and agreements and obligations of whatsoever nature arising or which may arise under this Agreement or for the breach of any thereof, 9. EQUITABLE DISTRIBUTION OF PROPERTY It is specifically understood and agreed that this Agreement constitutes an equitable distribution of property, both real and personal, which was legally and beneficially acquired by Husband and Wife or either of them during the marriage, as contemplated by The Act of April 2, 1980 (P.L, 63, No, 26) known as "The Divorce Code", 23 P,S. 3101 et, seq. of the Commonwealth of Pennsylvania. And further, that the parties have attempted to divide their marital property in a manner which conforms to the criteria set forth in 3502 of the Pennsylvania Divorce Code, and taking into account the following considerations: the length of the marriage, the propr marriages of the parties; the age, health, station, amount and sources of income, vocational skills, employability, estate, liabilities and needs of each of the parties; the contribution of one party to the education, training, or increased earning power of the other party; the opportunity of each party for future acquisition of capital assets and income; the sources of income of both parties, including but not limited to medical, retirement, insurance or other benefits; the contribution or dissipation of each party in the acquisition, preservation, depreciation, or appreciation of marital property, including the .......;.!!.' contribution of a party as a homemaker; the value of the property set apart to each party; the standard of living of the parties established during the marriage; and the economic circumstances of each party at the time the division of property is to become effective. A. Real Property: 1, Sherwood Drive property: The parties recognize that they own as tenants by the entirety real property known as 7 Sherwood Drive, purchased November 22, 1993 by deed recorded in the Cumberland County Recorder of Deeds Office in Deed Book Q-36 Page 953. It is recognized the following mortgage dated November 22, 1993 is recorded against this property in the Cumberland County Recorder of Deeds Office: Joint- Principal Residential Mortgage. 2. The parties agree to sell the Sherwood Drive prpoerty and to use the proceeds to payoff any joint debts they may have and to equally share in any remaining amount. The parties will allemptto sell the home through private sale, public sale or through the services of a real estate broker. Should the parties disagree as to the method of selling the property, said property shall be listed for sale with Jack Gaughen Realtors, 10, DISTRIBUTION OF PERSONAL PROPERTY: The parties hereto mutually agree that they have effected a satisfactory division of the furniture, household furnishings. appliances. and other household personal property between them, and they mutually agree that each party shall from and after the date hereof be the sole and separate owner of all such tangible personal property presently in his or her possession, and this Agreement shall have the effect of an assignment or bill of sale from each party to the other for such property as may be in the individual possession of each of the parties hereto, The parties hereto have divided between themselves, to their mutual satisfaction, all items of tangible and inlangible marital property. Neither party shall make any claim to any such items of marital property. or of the separate personal property of either party, which are now in the possession and/or under the control of the other. Should it become necessary, the parties each agree to sign. upon request. any titles or documents necessary to give effect to this paragraph, Property shall bc deemed to be in the posscssion or under the control of cither party if, in the casc of tangible personal property, the item is physically in the possession or control of the party at the time of the signing of this Agreement and, in the case of intangible personal property, if any physical or written certificate of insurance or other similar writing is in the possession or control of the party. Husband and Wife shall each be deemed to be in the possession and control of his or her own individual pension or other employee benefit plans or retirement benefits of any nature with the exception of Social Security benefits to which either party may have a vested or contingent right or intereest at the time of the signing of this Agreement, and neither will make any claim against the othcr for any interest in such benefits. From and after the date of the signing of this Agreement both parties shall have complete freedom of disposition as to their separate property and any property which is in their possession or control pursuant to this Agreement, and may mortgage, sell, grant, convey, or otherwise encumber or dispose of such property, whether real or personal, whether such property was acquired before, during or after marriage, and neither Husband nor Wife necd join in, consent to, or acknowledge any deed, mortgage or other instrument of the other pertaining to such disposition of property, 11. AFTER-ACQUIRED PERSONAL PROPERTY Each of the parties shall hereafter own and enjoy, independently of any claim or right of the other, all items of personal property, tangible and intangible, subsequently acquired by the other party, 12, SUBSEQUENT PERSONAL DEBTS Husband and Wife agree from time of the signing of this Agreement that each party shall be responsible for their own debts and hold each other harmless from same, There are no marital debts, other than those listcd in this Agreement. t " 13. FUTURE DEBTS Husband and Wife hcreby mutually agrec that subsequent to the execution of this Agreement, neither party shall incur any dcbts which will obligate the other to make payment for same. Husband and Wife hcreby acknowledge that there arc no outstanding bills or other indebtcdness which have bcen incurrcd by cithcr for the liability of the other, and both parties hereby covenant and agree that ncithcr shall have any financial obligation to pay any financial obligations which are solely the financial obligation of the other and which have been contracted by either party solely for their own benefit and without the knowledge or conscnt of the other party, Husband and Wife further agree that they will indemnifY the other from any and all claims or demands made against the other by reason ofany debts or obligations contracted in violation of this Agreemcnt, 14, WARRANTY AS TO EXISTING OBLIGATIONS Each party represents that they have not heretofore incurred or contracted for ny debt or liability or obligation for which the estate of the other party may bc responsible or liable except as may be provided for in this Agreement. Each party agrees to indemnifY or hold the other party harmless from and against any and all such debts, liabilities or obligations of every kind which may have heretofore been incurred by them, including those for necessities, except for the obligations arising out of this Agreement. IS, BANKRUPTCY In the event that either party becomes a debtor in any bankruptcy or financial reorganization proceedings of any kind while any obligations remain to be performed by that party for the benefit of the other party pursuant to the provisions of this Agreement, the debtor spouse hereby waives. releases and relinquishes any right to claim any exemption (whether granted under State or Federal law) to any property remaining in the debtor as a defense to any claim made pursuant hereto by the creditor-spouse, and the debtor-spouse hereby assigns, transfers, and conveys to the creditor-spouse an interest in all of the dcbtor's exempt propcrty sufficient to mect all obligations to the creditor-spouse as set forth herein, including all attorneys' fees and costs incurred in the enforcement of this paragraph or any other provision of this Agreement. No obligation created by this Agreement shall be discharged or dischargeable, regardless of Federal or State law to the contrary, and each party waives any and all right to assert that any obligation hereunder is discharged or dischargeable, 16, INCOME TAX PRIOR RETURNS The parties have heretofore filed joint Federal, State and local income tax returns, Husband agrees that in the event any deficiency in Federal, State or local income, real estate or personal tax is proposed,or any assessment of any such tax is made against Wife by reason of Husband having joined in the filing of said joint returns or by reason of Husband's proper omission to file returns or pay such, Husband will indemnifY and hold Wife harmless from and against any loss or liability for any such tax deficiency or assessment and any interest, penalty, and expense incurred in connection therewith, and such tax, interest, penalty or expense shall be paid solely and entirely by Husband, unless said tax, interest, penalty or expense is finally detenmined to be attributable to Wife's misrepresentations or failures to disclose the nature and extent of Wife's separate income on the aforesaid joint returns. 17, 1996 INCOME TAX RETURN Husband and Wife agree that they shall file jointly for Federal, State and local income tax returns for the year 1996, and Husband and Wife agree to divide evenly any tax return for the year 1996, Any tax refund, if one is received, shall be equally divided between the parties, and Wife agrees to provide Husband copies of the returns, 18, CUSTODY Husband and Wife shall have shared joint legal custody of their minor child and they further agree that the Wife shall have full physical custody of the parties' minor child, Wife shall be the primary custodian of the child and the child shall attend school in the district in which wife shall from time to time reside, The parties do not intend at this time to be more specific with regard to custody of the child, but intend to make arrangements for the Father to have liberal periods of time with the child at such locations as he shall select, from time to time as circumstances change and as the parties. including the child, shall agree, The Husband agrees to call before appearing for a visit and to pre-arrange periods of partial custody at least twenty-four (24) hours in advance, The Wife agrees not to unreasonable withhold consent for visitation or periods ofpar1ial custody by the Father. 19, HIGHER EDUCATION, POST HIGH SCHOOL VOCATIONAL EXPENSES OF THE CHILD Husband and Wife agree to share the responsibility for the reasonable cost of undergraduate college education or post high school vocational training for the child including but not limited to the following: tuition, room, board, books, supplies, fees, transportation, and clothing, Husband's obligation pursuant to this paragraph is conditioned upon his being consulted with respect to the choice of educational institutions and his approval thereof obtained, provided, however, that Husband's approval shall not be unreasonably withheld, The Child has made a reasonable effort to obtain scholarship and other financial aid which shall first be deducted from the total cost of undergraduate college education. Husband and Wife agree that the obligations imposed herein shall take precedence over any college expenses and costs for any future adopted or step-children of Husband and/or Wife, 20, MEDICAL INSURANCE Wife will continue to provide medical insurance for the child as long as she is gainfully employed with a policy containing minimum provisions as would be covered by a standard Health America policy, Wife also agrees to become obligated for any uninsured or extraordinary medical expenses, including costs for orthodonture, if necessary, for the child which shall exceed $100,00 per year, but that, except in an emergency situation, the decision to incur extraordinary medical expenses shall be a joint one, and Husband agrees not to withhold his consent for any such expenses which would be reasonably necessary. The Wife agrees to provide the Husband with bills or statements for payment in a timely manner, and Husband shall be solely entitled to receive any Major Medical insurance insurance refund thereon, 21. RETIREMENT FUNDS A, The Husband has been employed by the federal government for a period exceeding ten (10) years and has accumulated vested amounts in his pension and retirement account. All rights and benefits under this pension and retirement plan and any past or future plan under which husband may be covered shan become the sole property of husband. B. The Wife has been employed by the federal government for a period exceeding ten (10) years and has accumulated vested amounts in his pension and retirement account. All rights and benefits under this pension and retirement plan and any past or future plan under which wife may be covered shall become the sole property of wife, 22, LIFE INSURANCE Both parties shall continue to maintain all current life insurance policies and shaH name their child Brett R, Huss as beneficiary of at least 33 1/3% of any policy limit.. They also agree not to borrow against or assign said policies without prior written consent of the other party, Both parties agree to make payment of premiums on the policies on their individual lives so as to continue said coverage as long as their child is owed a duty of support, Once their child reaches the age of eighteen (18) years either party may change his or her designation for beneficiaries, except in the case that the child is a full time student and is pursuing a degree or technical training, If the child is so pursuing his education, the said life insurance beneficiary designation shan remain in force until such time that the child reaches the age of twenty-one (21) years or ends his education, which ever is earlier, 23, DIVORCE Husband and Wife agree that Wife has filed a Complaint in Divorce on even date with this agreement seeking a divorce on the basis of mutual consent. Husband and Wife both agree that at the time of signing this Agreement both parties will execute the required Affidavits of Consent to be filed with the Court to allow the Court to grant a divorce on the basis of mutual consent. Husband and Wife both agree that each party is to bear their own attorney fees, costs and expenses in connection with this divorce and drafting and negotiation of this Agreement. AND, the parties hereto state and agree that this Agreement shall not in any way be construed as a collusive agreement. 24. WAIVER OF SPOUSAL SUPPORT, ALIMONY PENDENTE LITE, AND ALIMONY The parties herein acknowledge that by this Agreement they have each respectively secured and maintained a substantial and adequate fund with which to provide themselves sufficient financial resources to provide for their comfort, maintenance and support, in the station of life in which they are accustomed, Wife and Husband do hereby waive, release and give up any rights they may respectively have against the other for alimony, alimony pendente lite, support or maintenance, It shall be from the date of this Agreement the sold responsibility of each of the respective parties to sustain themselves without seeking any support from the other party, However, this waiver is dependent and conditional upon the promised benefits due Wife under this Agreement actually being received by her as stated herein, 25, ATTORNEY FEES, COSTS & EXPENSES The parties agree to waive receipt of and to be responsible for their own attorney fees, costs and expenses in connection with the negotiation and preparation of this Agreement and the granting of a divorce decree, 26, BREACH OF AGREEMENT If either party fails in the due performance of obligations under this Agreement at their election, the non-breaching party shall have the right to sue for damages for breach ofthia Agreement or to rescind same and seek such legal remedies as may be available to them. The breaching party will be responsible for actual legal fees and costs incurred by the non- l (') .rl ') ( :;.:) 'r) .." ., ""t,,(., ..., ",-n p. ;) ',---. .., r,-) ]-. r,,) :':,7 :,") 'J 'I . t: '") ';;_1 :- . ) . , JiT! 1., ~-., .., ";.. ~~ '. I:) -<; () \.0 ~~ ~:. CD ....., , -r:l i" r" 7;n 1'''-'- .,:; ..t,_ > .... )Z , I" ;;J, .. .'.:" .,.jon .-' ...,., ;-l:!.l ~::~ ~~..:. _0 1_.# C) (:3 rT1 .1'( ~ => ~., .~ -< -, ~ WHEREFORE, Plaintiff requests the Court 10 enter a decree of divorce, :r. '. ;I ()1 ~ IJvU.A./ctc' ~~tePh 'tCkley,ESqUir " llorney fo he Plaintiff upreme C urt ID # 38444 1237 Holly Pike Carlisle, PA 17013 (7 I 7) 249-2448 . VERI FICA TION I, Roxann L. Huss, veritY that the statements made in this Complaint 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: ,;.. -Ie. 'I; IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ROXANN L, HUSS, Plaintiff CIVIL ACTION - LAW vs, CASE NO, 97-660 RICHARD B. HUSS, JR" Defendant IN DIVORCE PLAINTIFFS AND DEFENDANT'S AFFIDAVIT OF CONSENT WAIVER OF TWENTY (20) DAY NOTICE OF INTENTION TO FILE PRAECIPE TO TRANSMIT RECORD AND DEFENDANT'S ACKNOWLEDGMENT OF SERVICE 1. A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed in the above-captioned action on the 10th ofFebrary 1997, 2, The marriage of Plaintiff and Defendant is irretrievably broken, and at least ninety days have elapsed from the date of filing the Complaint. 3, The parties consent to the entry of a final decree of divorce by the Court of Common Pleas of Cumberland County, Pennsylvania, 4, The parties understand that they may lose our rights concerning alimony. division of property, lawyer's fees or expenses if they do not claim them before a divorce is granted, The parties have entered into a property settlement and custody agreement which they will have incorporated into our final decree of divorce. S. The parties have been advised of the availability of marriage counseling and understand that we may request that the Court require us to participate in counseling, 6, The parties understand that the Court maintains a list of marriage counselors in the Domestic Re:lations Office, which list is available to us upon request. 7, Being so advised, the parties do not request that they participate in counseling prior to a divorce decree being handed down by the Court, fi; co r: If) ~~ ~ .. ~o;: ~~ C'I - ('I:'/, [b :x: i),? "r~ 0.- '.-'.:J ;_, 1_ ~\rl C'I ", It] - ,~ ,.:.z ~". c;"l .J'~ -r l....J 11\ 1'=": 10- .... ~- ~ CO ::> 0" U ~ ~ ~ ~~~~! ~ 1i ~ :I~ ~l fo ~ ~ ~-~~!: ...f.a~l>. ~ . . . . . ... . . .. ; a: ,-;.. . Z 32L "I"i6 L46 ~ Receipt for I . Certified Mall II...." I k_~ No Insurance Cover ago tj1~~~M~~ ~\ Do nol uso lor 11l101f\<l1lonal MlIll ..,,'...... IScu RO\lollcl ~ - 17C' ~ 1,,111' $ ...s-S- ;0 (....,..".... 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