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HomeMy WebLinkAbout97-00670 \ \I ~ '.. \) <:t-.. \J ~ C5 ~ J ~ . .. ~ t- ~ ~ \. '~~ "'t'l, ./ ~ ~ . ~ ~?o:) &,,-( .~/7' /k~ 'i- (',;~ E'iC.lac.L- 5, 30 . ft) '7:~t lua.fl'/ ~ dL/. 'c, , , GLENDA JANE GREGOIRE, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENt/SYLVANIA v. NO. 97-670 CIVIL GEORGE PHILLIP GREGOIRE, Defendant CIVIL ACTION - LAW IN DIVORCE MARITAL SETTLEMENT AGREEMENT WIX, WENGER & WEIDNER ~ By' . .:-, ~ :"-r d E. R,o a s, Esqum 1. D. #58867 4705 Duke street Harrisburg, PA 17109 (717) 652-8455 . including an orderly disposition of marital assets and liabilities, and certain other matters arising from their relationship of spouses and parents; WHEREAS, bath parties acknowledge that each has had full opportunity to be advised independently as to their respective rights and obligations arising from their married status and in the dissolution of their marriage and in the disposition of their assets and liabilities, and each further acknowledges that she and he have had a full opportunity to investigate and evaluate the assets, liabilities and all aspects of each other's property and their jointly awned assets and liabilities; and WHEREAS, the parties agree that their marriage is irretrievably broken; and WHEREAS, Wife intends to institute an action in divorce in the Court of Cammon Pleas of Cumberland County, Pennsylvania (hereinafter called "Divorce Action"); NOW, THEREFORE, in consideration of these presents and of the mutual covenants, promises, terms and conditions hereinafter set forth and to be kept and performed by each party hereto, as well as for other good and valuable consideration, and intending to be legally bound hereby, the parties agree as follows: 1. BACKGROUND AND DECLARATIONS. The foregoing preamble and paragraphs are incorporated herein by reference thereto. - 2 - t t , I f" . 2. DIVORCE. The parties agree to terminate their marriage by mutual consent without counseling as soon after the date hereof as reasonably possible, and each agrees to make, execute and file the necessary affidavits and consents to procure a consensual divorce under the mutual consent provisions of the pennsylvania Divorce Code (23 Pa.C.S.A. S3301(C)), such documents to be filed in the Divorce Action which will be commenced by Wife. Wife agrees to provide Husband with a copy of the final Decree in Divorce when issued, such delivery to occur as part of the mutual exchange as provided hereinbelow. 3. INVENTORY OF MARITAL ASSETS AND LIABILITIES. The parties acknowledge and agree that their marital property as defined under the Pennsylvania Divorce Code consists of all those certain items of property more fully set forth on a certain list or schedule attached hereto marked "Exhibit A" and incorporated herein by reference thereto. The parties severally acknowledge and agree that each has had full opportunity to independently determine the value of said marital property and each is aware of such value or has consciously and intentionally waived the opportunity to determine such value. The parties further acknowledge and agree that they have incurred debts and obligations as mare fully identified on a certain list or scheduled attached hereto marked "Exhibit B" and incorporated - 3 - portable stereo 9 All Tools 10 Carved Wood Glass-Top Table 11 Brass Sea captains Lamp 12 Dog House 13 *see paragraph 6 below. **see paragraph 7 below. 6. MARITAL RESIDENCE. Husband and Wife agree that it is in the interests of bath parties to sell the marital residence at 216 North prince street, Shippensburg, pennsylvania. In furtherance thereof, the parties herein agree to use their best efforts to sell the aforementioned marital residence including, but not limited to the fallowing: To sign a listing agreement with a reputable real estate broker; to accept any reasonable offer equal to or exceeding the price of $127,000.00; to sign a deed to the property consistent with a properly signed sales agreement. The parties further agree that the proceeds from the sale of the marital residence shall be utilized first to satisfy the mortgage on the marital residence held by countrywide Home Loans to the extent of the net proceeds from the sale of the property. In the event that the net proceeds from the sale of the marital are in excess of the total amount of the mortgage, the parties agree to split the remainder of any profit from the sale of the residence, 50% to each party. In the event that the net proceeds from the - 5 - sale of the marital residence are less than the outstanding balance an the mortgage, the parties agree that each of them shall be responsible to satisfy 50% of any such shortfall. If either party should fail or refuse to participate in said sale, the parties agree that either party may institute an action in equity to specifically enforce the provisions hereof, each hereby agreeing that there is no adequate remedy at law. Wife shall be entitled to exclusive possession of the marital residence from this date forward until such time as the marital residence is sold. During said time, Wife shall be solely responsible for making the monthly payments on the mortgage to countrywide Home Loans, Inc. Wife shall be entitled to any tax deductions for the interest paid pursuant to making monthly payments on the mortgage for the tax year 1997 forward. 7. HUSBAND'S U.S. NAVY PENSION. The parties herein agree that Husband's U.S. Navy Pension is marital property under the law of the Commonwealth of Pennsylvania. Pursuant to state law and the Former Spouse's Protection Act, the parties herein agree that Wife is to receive 50% of Husband's disposable retired pay, from the U.S. Navy. Husband shall be entitled to the remainder of retired pay from the U.S. Navy. The parties herein agree that Wife's share of Husband's retirement pay is a transfer of property pursuant to a divorce agreement, and not alimony, alimony pendente lite or spousal support. 8. NATURE OF TRANSFER IN DISTRIBUTION. It is the mutual - 6 - . intention of the parties to distribute the assets in accordance with the allocation in Paragraph 4 hereinabove in such manner that the full ownership of each asset (and all parts of each asset) shall pass unconditionally to the designated distributee free and clear of all liens and encumbrances except only as expressly provided herein. 9. METHOD OF TRANSFER IN DISTRIBUTION. The in-kind distribution of marital property shall be accomplished simultaneously with the execution of this Agreement. To effect and assure such distribution, the parties acknowledge that each will contemporaneously with the execution hereof make, sign, acknowledge and otherwise execute appropriate deeds, assignments, transfers, releases and all other documents necessary to effect such distribution. Individually owned property to be retained in distribution by the present owner shall require no further present action; however, the parties agree to make, execute, acknowledge and deliver such instruments and take such further action as may hereafter be determined to be requisite and necessary to effect confirmation of such sole individual ownership. 10. DISTRIBUTION OF MARITAL LIABILITIES. (Exhibit "B") A. Wife Covenants and agrees to pay: Wife'S student loans Navy Federal Credit Union Loan - 7 - 50% percent of the Countrywide Home Loan mortgage* B. Husband covenants and agrees to pay: 50% percent of the Countrywide Home Loan mortgage* USAA Visa Great Lakes Credit Union Visa Great Lakes Credit union Auto Loan Sears C. Wife shall pay all individual obligations. D. Husband shall pay all individual obligations. E. Each party hereby agrees to indemnify the other party and hold her or him respectively harmless of and from any and all liability, damages, costs, expenses, claims, demands, actions, causes of action and all other obligations of whatsoever kind or nature suffered or imposed by either party because of such other party's failure to pay and discharge her or his responsibility under subparagraphs A, B, C, D, E of this paragraph 9. *See paragraph 6 above. 11. ALIMONY. Husband covenants and agrees to pay Wife as spousal support/alimony pendente lite/alimony the sum of One Thousand six Hundred ($1,600.00) Dollars per month until Wife graduates with a Bachelor's Degree from Shippensburg University or Husband retires from the United states Navy (at the grade of Lieutenant or higher), whichever occurs first, at which time said - B - obligation shall cease and terminate (unless earlier terminated as provided herein below), said sum to be due and payable on the first day of each month. It is understood that under current federal income tax law, said payments are considered income to wife and are deductible from Husband's gross income. Alimony shall terminate in the event of the death of either party. 12. LIFE INSURANCE. Husband agrees to maintain in force, from now until the date of his death, or the date of wife's death, whichever first occurs, a life insurance policy in the amount of Fifty Thousand ($50,000.00) Dollars in favor of Wife. It is understood that Husband currently has in effect a policy of Servicemen's Group Life Insurance - Wife is named as beneficiary to Fifty Thousand ($50,000.00) Dollars of said policy. Husband may, at his option, convert Servicemen's Group Life Insurance to Veteran's Group Life Insurance upon his retirement, provided however, that he maintains a policy in effect for at least Fifty Thousand ($50,000.00) Dollars designating Wife as beneficiary. Wife may, at her expense, obtain a life insurance policy insuring her against the death of Husband. Husband agrees to cooperate with obtaining and maintaining any such life insurance policy. - 9 - . 13. FEES, COSTS AND EXPENSES. A. Each party agrees to be solely responsible far the costs and expenses of the transfer of any other assets to her or him respectively. B. Each party agrees to be solely responsible for her and his respective counsel fees (if any), casts and expenses in negotiating and concluding this agreement, dissolving their marriage and consummating all provisions of this agreement. 14. ADVICE OF COUNSEL. This Agreement has been drafted by Girard E. Rickards, Esquire, counsel far Wife. Husband hereby acknowledges that he has been informed that counsel for Wife does not represent his interests. Husband further acknowledges that he has been advised to obtain counsel of his own choosing, if he sa desires. The parties acknowledge that 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. 15. TAXES. The parties agree that they will file a joint tax return for the 1996 tax year. Husband and Wife agree that any refund of taxes for the 1996 tax year shall be split equally between the parties. Husband and Wife further agree that in the event that a tax deficiency exists for the 1996 tax year, they will be equally and jointly responsible for said tax - 10 - A ~ " deficiency. The parties intend to file separate tax returns for the tax years 1997 forward. 16. MILITARY BENEFITS. The parties understand and recognize because of the length of their marriage during Husband's military service, Wife may be entitled to certain military dependent benefits, even after the divorce decree is entered. Said benefits are defined in part by the Former Spouses' Protection Act and the several regulations of the Departments of Defense and Navy. To the extent that Wife reasonably requires the assistance of Husband in order to obtain said benefits, Husband herein agrees and covenants to provide reasonable cooperation to insure that Wife will receive said military dependent benefits. 17. AGREEMENT TO BE INCORPORATED BUT NOT MERGED. This Agreement shall be incorporated in a decree of divorce for purposes of enforcement only, but otherwise shall not be merged into said decree. The parties shall have the right to enforce this Agreement under the Divorce Code of 1980, as amended, and in addition, shall retain any remedies in law or in equity under the Agreement as an independent contract. Such remedies in law or equity are specifically not waived or released. 18. SURVIVAL OF AGREEMENT. It is the intention of the parties that this Agreement shall survive any action in divorce - 11 - which may be instituted or prosecuted by either party, and no order, judgment or decree of divorce, temporary, interlocutory, final or permanent, shall affect or modify the terms of this Agreement, but said Agreement may be enforced by any remedy at law or in equity, including enforcement proceedings under the Pennsylvania Divorce Code. 19. MODIFICATION OR WAIVER IN WRITING. There shall be no modification or waiver of any of the terms of this Agreement unless the parties do so in a writing signed by each of the parties. 20. ENFORCEMENT AND COUNSEL FEES. In the event that any of the provisions of this Agreement are breached or violated by either of the parties, the other party shall be entitled to enforce this Agreement by an appropriate action of law or in equity or to take any other action to which they are lawfully entitled to enforce this Agreement or otherwise protect their rights. In the event that such action is commenced by one of the parties and the other party is found to have breached or violated any of the terms and provisions of this Agreement, the party having 50 violated or breached the Agreement shall be responsible far and promptly pay upon demand, the reasonable attorney's fees incurred by the other party to enforce their rights hereunder. 21. ENTIRE AGREEMENT. This Agreement contains the - 12 - entire understanding of the parties and there are no representations, warranties, covenants or undertakings other than those expressly set forth herein. 22. ADDITIONAL INSTRUMENTS. Each of the parties shall from time to time, at the request of the other, execute, acknowledge and deliver to the other party any and all further instruments that may be reasonably required to give full force and effect to this Agreement. 23. WAIVER. The waiver of any term, condition, clause or provision of this Agreement shall in no way be deemed or considered a waiver of any ather term, condition, clause or provision of this Agreement. 24. APPLICABLE LAW. This Agreement shall be construed, interpreted and enforced according to the laws of the Commonwealth of Pennsylvania. 25. HEADINGS. The headings or titles of the numbered paragraphs of this Agreement have been used only far the purposes of convenience and shall not be resorted to for the purposes of interpretation or construction of the text of this Agreement. - 13 - IN WITNESS WHEREOF, the parties have hereunto set their respective hands and seals the day and year first above written intending thereby to legally bind themselves and their respective heirs, personal representatives and assigns. WITNESSED BY: 1 g. /'1''1110 1"'0. (j I , ~ II'" .J-U -- / 'GLENDA --r- (SEAL) GEORG~ - 14 - , \) .::J 0 r.' -.J ~- ; ~11 [, . < '~ ;1 c~-. :.) :r) I , ~.'-, "., ::rj -C) ~~" "1I ~~ '.1'1 '" r" " I ~ f , v. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 97-670 CIVIL TERM CIVIL ACTION - LAW IN DIVORCE GLENDA JANE GREGOIRE, Plaintiff GEORGE PHILLIP GREGOIRE, Defendant ACCEPTANCE OF SERVICE I accept service of the Complaint. /'1 Hd 9) Date Ge~~d~' (";, .0 " ( -' -ro ..,..; 'T'I ! " l)' 'J ~q 'r - .~ : ", 0.,) ., 11 '. ',I f:J "Q r; . ~C) ~ :.: ':'1' . '-rJ ;( ) ;"al ~~) --:lil -=I ~l :..) ,. ::"! -' ...J '<. GLENDA JANE GREGOIRE, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 97-670 v. GEORGE PHILLIP GREGOIRE, 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 February 11, 1997. 2. The marriage of plaintiff and defendant is irretrievably broken and (90) ninety days have elapsed from the date of filing the Complaint. 3. I consent to the entry of a final decree of divorce. 4. I understand that I may lose my rights concerning alimony, division of property, lawyer's fees or expenses if I do not claim them before a divorce is granted. 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. S4904 relating to unsworn falsification to authorities. Date: '::"-13''17 j{ L-... 1. Glenda Jane ~I { .!J n ( -l I ~ . "' ~ " l ~-, , , ) , -.. () ::: " " ...., , -" I'" .~ ( , .0 n -. '1\ . ..,., ~ -, I. . ' (- ~ ..., ,. ) I ..',,'l ;..') " . :'i " " 11 ~. "-:? '. 'Jl '~J --, I" ~ ~ r' .:1 ,-) -.1 -;1 - ~, 0"'" , " , " .~ . -,! I '" .,/ , :n , h> -... , , r .D " .. -.' " " , ~' ''l . ',.. " 'J Ie . ~() " \-1) , I -' ~~ J,n ! :11 :q Iv -..