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HomeMy WebLinkAbout97-00725 ~ ~ '1 .\1 '~ ~ l: \l '1 Y ~ ...... , , ~ I .... !~ I I~ i~ / ~ ~ . ~ 2. INTERFERENCES. Each party shall be free from Interferenco, authority and control by the other, as fully as if he or she were single and unmarried, except as may be necessary to carry out the provisions of this Agreement. Neither party shall molest or attempt to endeavor to molest the other, or In any way harass or malign the other, nor in any other way interfere with the peaceful existence, separate and apart from the other. Each of the parties hereto completely understands and agrees that neither shall do or say anything to the child of the parties at any time which might in any way influence the child adversely against the other party. 3. DIVISION OF REAL PROPERTY. Husband is the sole owner of the marital residence of the parties located at 549 South Third Street, Lemoyne, Cumberland County, Pennsylvania. Husband has received an offer on the said residence which requires the signature of both parties to complete. The parties agree that Wife shall be guaranteed from the net proceeds of the sale of the said residence in the form of equitable distribution; the sum of $30,000.00 or one-half (1/2) of the net proceeds, whichever is greater, The said payment to Wife shall be made at the time of final closing on the aforementioned real estate, The parties agree that the closing agent will be authorized by the parties to issue separate checks to each party in order to effectuate the terms of this Agreement. Net proceeds shall be defined as gross sale price minus liens of record, 2 realtor's commission and ordinary closing costs. Wife, after the execution of this Agreement, will execute the Sales Agreement necessary to finalize the real estate transaction and cooperate further with any actions necessary to finalize the sale. 4. DIVISION OF PERSONAL PROPERTY. The parties have divided between them to their mutual satisfaction, personal effects, household goods and furnishings and all other articles of personal property which have heretofore been used in common by them with the exception of the items set forth in Exhibit "A" remaining in the marital residence which shall remain Wife's sole and separate property. Wife shall have thirty (30) days from the date of this Agreement to remove the said items. Neither party will make any claim to any such items which are now In the possession or under the control of the other. Should it become necessary, each party agrees to sign any title or documents necessary to give effect to this paragraph, upon request, The parties agree that them are also additional minor items of marital property which have not yet been divided. The parties agree that they shall meet for the purpose of dividing said items and, in the event they cannot reach an agreement regarding division, the matter may be submitted to the Court of Common Pleas, Cumberland County, Pennsylvania for resolution, 5. SUPPORT. There is presently in effect a spousal and child Support Order entered In the 3 , ' " Court of Common Pleas, Cumberland County, Pennsylvania, Indexed to no. 49 S 1997, DR 26113, The said Order provides for a monthly child support payment in the amount of $446.66 for the parties' minor child, and $354.02 monthly for Wife in the form of spousal support, Wife agrees, pending the receipt of the monies set forth in Paragraph 3 hereof, that she will direct Domestic Relations to withhold any enforcement of the spousal Support Order Including any payment on arrears on the said Order. Upon the payment in full of the monies set forth In Paragraph 3, Wife shall terminate the spousal Support Order as well as any arrearages created by its retroactive effect, In addition, Wife agrees to give to Husband a $150.00 credit on his child support payment, Wife shall take steps necessary to have the $150,00 credit applied to the child support at the time of the finalization of the sale of the real estate and the tender of payment to her set forth in Paragraph 3 hereof. In the event payment is not made to Wife pursuant to Paragraph 3, said payment to be made no later than May 1, 1998, the provisions set forth in this Agreement as well as this paragraph are null and void and Husband shall have the responsibility of paying in full all amounts due pursuant to the aforementioned Support Order. In the event Husband is wage attached for the spousal support payment, Wife will promptly refund to Husband, upon receipt, the amount of the spousal support 4 payment until finalization of the equitable distribution. In the event this Agreement becomes null and void, all payments returned to Husband by Wife will again be due and owing pursuant to the terms of the existing Support Order. 6. TAX ON PROPERTY DIVISION. Husband hereby agrees to pay all income taxes assessed against him, If any, as a result of the division of the property of the parties hereunder. Wife hereby agrees to pay all income taxes assessed against her, if any, as a result of the division of the property of the parties hereunder. 7. COUNSEL FEES. Each party shall be responsible for their own attorney fees. An exception to this provision shall be the fact that the parties will share equally the expense of the preparation of this Agreement, $250.00 to be paid to counsel for Wife, John J. Connelly, Jr., Esquire. on or before the date of final settlement in this matter. 8. ASSUMPTION OF DEBTS. The parties agree and affirm that there are no joint debts of the parties that remain due and unpaid. Any debts in the party's individual name shall be their sole and separate responsibility. 9. BREACH. If either party breaches any provision of this Agreement, the other party shall have the right, at his or her election. to sue for damages for such breach, The party 5 breaching this contract shall be responsible for the payment of legal fees and costs Incurred by the other In enforcing his or her rights under this Agreement, or seeking such other remedy or relief as may be available to him or her, 10. FULL DISCLOSURE. Husband and Wife each represent and warrant to the other that he or she has made a full and complete disclosure to the other of all assets of any nature whatsoever In which such party of every type whatsoever and all other facts relating to the subject matter of this Agreement. 11. ADDITIONAL INSTRUMENT. Each of the parties shall on demand execute and deliver to the other any deeds, bills of sale, assignment, consents to change of beneficiary on insurance policies, tax returns and other documents and do or caused to be done any other act or thing that may be necessary or desirable to the provisions and purposes of this Agreement, If either party fails on demand to comply with this provision, that party shall pay to the other all attorneys' fees, costs and other expenses reasonable incurred as a result of such failure. 12. WIFE'S DEBTS, Wife represents and warrants to Husband that since the parties' separation she has not and in the future she will not contract or incur any debt or liability for which Husband or his estate might be responsible and shall indemnify and save Husband 6 harmless from any and all claims or demands made against him by reason of debts or obligations Incurred by her. 13. HUSBAND'S DEBTS. Husband represents and warrants to Wife that since the parties' separation he has not and In the future he will not contract or Incur any debt or liability for which Wife or her estate might be responsible and shall indemnify and save Wife harmless from any and all claims or demands made against her by reason of debts or obligations incurred by him, 14. WAIVERS OF CLAIMS AGAINST ESTATES. Except as herein otherwise provided, each party may dispose of his or her property in any way, and each party hereby waives and relinquishes any and all rights he or she may now have or hereafter acquire, under the present or future laws of any jurisdiction, to share in the property or the estate of the other as a result of the marital relationship, including without limitation, dower, curtsy, statutory allowance, widow's allowance, right to take in intestacy, right to take against the Will of the other, and right to act as administrator or executor of the other's estate, and each will, to the request of the other, execute, acknowledge, and deliver any and all instruments which may be necessary or advisable to carry into effect this mutual waiver and relinquishment of all such interests, rights and claims, 7 15. REPRESENTATION, It Is recognized by the parties hereto that Tammy M. Rleselt Is represented by John J, Connelly, Jr.. Esquire, Husband Is unrepresented by counsel. It is fully understood and agreed that by the signing of this Agreement, each party understands the legal Impact of this Agreement and further acknowledges that the Agreement is fair and reasonable and each party intends to be legally bound by its terms, Husband further affirms that he understands his right to have counsel and have the Agreement reviewed and, by executing this Agreement, waives this right. 16. VOLUNTARY EXECUTION. The provisions of this Agreement are fully understood by both parties and each party acknowledges that this Agreement Is fair and equitable, that it is being entered into voluntarily and that it is not the result of any duress or undue influence. 17. ENTIRE AGREEMENT. This Agreement contains the entire understanding of the parties and there are no representations, warranties, covenants or undertakings other than those expressly set forth herein. It is specifically agreed to by the parties, that this Agreement shall be null and void and of no legal effect if payment is not made to Wife by May 1, 1998 in accordance with Paragraph 3 hereof. 18. PRIOR AGREEMENT, It is understood and agreed that any and all property settlement agreements which mayor have been executed prior to the date and time of this Agreement are 8 null and void and of no effect. 19. MODIFICATION AND WAIVER. Any modification or waiver of any provision of this Agreement shall be effective only If made In writing and executed with the same formality as this Agreement. The failure of either party to insist upon strict performance of any of the provisions of this Agreement shall not be construed as a waiver of any subsequent default of the same or similar nature. 20. GOVERNING LAW. This Agreement shall be governed by and shail be construed In accordance with the laws of the Commonwealth of Pennsylvania, 21, INDEPENDENT SEPARATE COVENANTS. It Is specifically understood and agreed by and between the parties hereto that each paragraph hereof shall be deemed to be a separate and Independent covenant and agreement, 22. VOID CLAUSES. If any term, condition, clause, or provision of this Agreement shall be determined or declared to be void or invalid in law or otherwise, then only that term, condition, clause or provision shail be stricken from this Agreement and in all other respects this Agreement shall be valid and continue in full force, effect and operation. 9 23. ~\'lTRV AS PART OF DECREE. It Is the Intention of the parties that this Agreement shall survive any action for divorce which may be Instituted or prosecuted by either party and no order. judgement or decree of divorce. temporary, final or permanent. shall affect or modify the financial terms of this Agreement. This Agreement shall be made a part of any such judgment or decree of final divorce. 24. DIVORCE ACTION. The parties shall. at the time of final equitable distribution. more particularly set forth in Paragraph 3 hereof. execute documents necessary to finalize the divorce action Including. but not limited to. the withdrawal of any claims pending under said action. indexed to number 97-725 Civil. in the Court of Common Pleas. Cumberland County. Pennsylvania, as well as Affidavits of Consent and Waivers of Counseling and Waivers of Notice of Intention to Request Entry of a Divorce Decree, Counsel for Wile shall promptly file a Praecipe to transmit the record and finalize the divorce at that time. 25. DOMESTIC RELATIONS PENNSVL VANIA, Except as specifically provided in this Agreement. each party waives any claim they may have against the other under the Domestic Relations Code of the Commonwealth of Pennsylvania including. hut not limited to. alimony. alimony 10 f " ,~ f TAMMY M, RlESETI, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA ~ v. . 7 7) ,/,-- NO. 'f - J CIVIL ACTION - LAW IN DIVORCE (7 , () ,.-t.~ FRANCIS L. RIESETI, Defendant NOTICE You have been sued in Court, If you wish to defend against the claims set forth in the following papers, you must take prompt action. You are warned that if you fail to do so, the case may proceed without you and a Decree in Divorce or annulment may be entered against you by the Court, A judgment may also be entered against you for any other claim or relief requested in these papers by the Plaintiff. You may lose money or property or other rights important to you, including custody or visitation of your children, When the ground for the divorce is indignities or irretrievable breakdown of the marriage, you may request marriage counseling. A list of marriage counselors is available in the Office of the Prothonotary at the Cumberland County Court House, One Courthouse Square, Carlisle, Pennsylvania, IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY, LA WYER'S FEES OR EXPENSES BEFORE A DIVORCE OR ANNULMENT IS GRANTED, YOU MAY LOSE THE RIGHT TO CLAIM ANY OF THEM. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Court Administrator Cumberland County Court House Fourth Floor I Courthouse Square Carlisle, Pennsylvania 17013 Phone: (717) 240-6200 John 'J. Cynn:I.I~,Jr., Esquire , A~~~ey ~tiff '----.) "-.~. ~~ ~'~~ >.V E;:' f~ 'Y' ("l \SJ ~ A ~ -.l <...t:::- ---.J to:', -., :-.,1, 6"-. Cf r'" C<<\ (',.:) '11:0 -...::-- .", -t:--. 'f zr: '.~~ ,/J. : N '-.\-- CY) 5'> -< . ' , ~-ut , 'd ~:: -0 ~:I-n "o{\ "-! ~ ~(' -~ ('\ '" -'... -. -~ - ~:. '..f! 6 ~ (\ ~ }- ... Vol ~~ .0 t " -:, '0 :4~ '';j C'1 -- I , . r "" V\ u '-V ("J "" r:i ~ D J ~ n ~'l 9, ~:~ co '-- -, '0; :~. .~ "TJ t!.',-: ':r~ r I " "lJ ...., " " " eJ , L";. '..1:_""> f: , -, ,:'" . ~:o - CJ N II , '- -" ;.." '. .... :.J ~q -< 11' -.. n '0 C) c::;- "'0 . '" \:" - ~.I_.:i : . -- ~- ": - ,!: I If!] - , , '71 I;>;) .-;6 -:, ,J -, . "Jl ~i .-/ J :~:; .-r") {...:.itl) " :." 1 :.:j :5 ." -...; , 0 v:> 0 r- '" 'T' '. ::1 '- ~r.,,; ~ ~ifQ , .- :-- " I i? ~--.., :~ f')) "0 -- '. '''r~ ;"q _." -I) .' ::!= )c) ~~ jlll ". :'1 '. . , ~ ::l:1 - -< "... -.. <'Y',-' "i..__'" ",-);T;'~ ~_. .. . - . ",.:c'_c' ;lig'~H~5~;~~~t,j;ji~'$J; TAMMY M. RIESETT, IN THE COURT OF COMM Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 97 - 725 CIVIL FRANCIS L. RIESETT, Defendant CIVIL ACTION - LAW IN DIVORCE WAIVER OF NOTICE OF INTENj~~Nc TgFRi~~~~~ E:ci:'{ OF A DIVORCE DECREE UNDER i 3 I I 0 CODE 1. 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 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 me immediately 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.A. Section 4904, relating to unsworn falsification to authorities. Date: / - 5-'18 Francis L. Riesett. Defendant 0 U) 0 (~: CO 'T, 0, - -f)i j '- .;1 1";,:-:: h ,"il ;'.:./' :,-.:.. <I I ."11 ~'. -' 1:lO ,0 -~J , , - ,- .-.IS"> .~ ,:p'] , -. "'.J; j~ ' C~ ~- IF t) ::./ :." ::-::! 5-i -;: '-.J -;: .0 YOU ARE HIIUBY NOTl'IED TO "lEAO TO THE INCLOSED WITHIN TWIHTY 1201 DAYS of -. .~UUO, OR A DI'AULT JUDOJ,4INT lotAY BE ENnRED AOAIHST YOU LAW 01+1('1' JAMES. ,SMITH. DURKIN & CONNELLY I). (). nox MlI IIERSIIEY, l'ENNsYl.V MIA 1711.1J,lIMlI ""()lII",n .....1 HIRIBY CERnry nlAlllt[ WlnHN Ii A lRUE AND COR.nCl CO'Y O' THI ~",~"fAL 'llED IN THIS ACTION Oy __._ ., "n()lll"'IEY TAMMY M. RIESETT. Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 97 - 725 CIVIL FRANCIS L. RIESETT, Defendant CIVIL ACTION - LAW IN DIVORCE PRAECIPE TO WITHDRAW CLAIMS TO THE PROTHONOTARY: Please withdraw the claims for Equitable Distribution, Alimony, Alimony Pendente Lite, Counsel Fees and Expenses in the above-captioned divorce action. CONNELLY, REID & SPADE Date: Lj - ~ C; -9.1( ~, - ' I I . . ~--"'r" ~ _ .. . . ---~ ,,' ~""":. -- _v ......- . . . .. I l . -.<-.-..r- ~ _' -j, ...-- "'J ..... , .0 ,"DU "AI[ HIRlH" NOTIfIED TO PLIAD TO THI IHeLoue ""'------ WITHIN lWlNTY 1.201 DAYS Of U"VIC~lO' OR " OUAULT JUDQUINT MAY .[ lNTf.RlO AQAINST YOU LAW 01+1('''- JAMES. SMITH. DURKIN & CONNELLY "---. 1'. D. 1I1IX h~U IWKSIWY. I'ENNSYl.V ANI,\ 1711,U,IW,~1l ...nolllOlIY wt HEHle" CIRnn THAT TltE WITtHN 'S ,. TRUe AND CO"Rlct CO"Y Of tHE t .....''''.J<.I~ flLIO IN fltlli ACTION 01' __. OJ oU'OfIINlY TAMMY M. RIESETT, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA . . v. NO. 97 - 725 CIVIL FRANCIS L. RIESETT, Defendant CIVIL ACTION - LAW IN DIVORCE PRAECIPE TO WITHDRAW CLAIMS TO THE PROTHONOTARY: Please withdraw the claims for Equitable Distribution, Alimony, Alimony Pendente Lite, Counsel Fees and Expenses in the above-captioned divorce action. CONNELLY, REID & SPADE Date: L/ -/1[' -tj.':{ By:. . ~ohn. ~. Connel X' r., Es'quire )'~ A~tor~ey' for Plai tiff \ 10S:112'Walout treet " - __/' Post Office Box 963 Harrisburg, PA 1710S (717) 238-4776 PA I.D. No. 15615 -~ _'<,)1 ~..., TM1M\' M. "IESETT. Illililllill,IIClitilllll'r IN TIlE ('ouln OF ('OMMON I'I.EAS 0... ('lIMIIEIU.ANII (,OUNn'. I'ENNS\'I.V ANIA VS. ('1\'11. A('TION - IIIVOIH'E I'ltANns I.. IUESl,:r... 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(5) pwnfllfIlH:dil.'illl'O\Cmgc which )l1ullmy h<lv\.'. or limy Im"c availahlc lu ~Oll IF :,oulhillO appear lilr Ihc runlcrel1ee or hring. the required dm:lll11cl1h.lhe ("ullrllllay issue il \\arrallllilr ) our arrest. IIY TIIU'{)lIln. lIalll"l L Sheely. Pre,idelll Jlld~e I )"t,. Ill' ()nler: March 211. 11)1)7 It. J, Shadda). ('Illlli:rellee Onieer ).:I1CIlI\lll"eS (c: Juhn 1. CUllI1cll). L~4l1irc ('allll J. I.ill,ha). h411ire \'ell/IIA VE TIlE "IGIIT TO A LAWHII. WIIOE MA \' ATn:NIl TilE ('ONFEIIENn: ANIl "EI'"ESENT VOU. IF VOUIlO NOT IIA VE A I.AWYElt OIt ('ANNOT AFFOIUl ONE. GO TO 0" THEI'II0NE TIlE OHWE SET FO"TIIIIELOW TO FINIl OIlT WIIEltE YOU MAY GET LEGAL IIEI.I', ("(Hlln AIlMINISIIIAIOII H H Jln II FI.OOII ('UMIIUII.ANIll'OIlN I Y ('(Hlln 1I01lSI' ('AIlUSI.I.I'INNSYI VANIA 17111.1 171712,lIJ.(,21111