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HomeMy WebLinkAbout97-01000 i . I -7 I I I I , i I 1 , 1 , , i 3 ../ /" ~ '- ~ J ~ - .; o. zt , I I ~ ',' $ S $ ~ $ ~ '.' * ~ ~ ,.' * . . ***~*~**~*~****.~****~~*._*~****~ -~--------...-.---------- --- --- -..........--.--...~--~,.....~,.-~ -~-'~ -~.-. -- - -~ -. -. ~~~-'~ -.~~--- .~.~-~.- ~'~------ ._- ,.............-.. --- ~ :1 ~I -.'\ ~l " ~I " IN THE COURT OF COMMON PLEAS ~ OF CUMBERLAND ~ STATE OF 1~~ ~'~;1!" ,"r PENNA, COUNTY ~ '.' *- '.' ~ '.' ~ <;', $ MARY J. WILLIAMS, Plaintiff Vl"':'IlS DAVID B. WILLIAMS, Defendant CIVIL ACTION - LAW IN DIVORCE * i\: (). d97-::lPOO ~, ~ '.' * * '.' $ ~ '.' DECREE IN DIVORCE ~ ~l ',' Ii ~.' AND NOW, .. ..l\Jt.,. 3, ,.. .., .. .. .. '. 19, ~,'7" it is ordered and decreed that ,~!,~:, !~~L~!l:I1~, , " , ,. " , , , , , , ' , " . " , ,. ,. , '. plaintiff, and, , , .. P.lW:j:P. ,~~ ,!~,I~q:!>M~, , .. , , , .., , .. .. , .. , ' , , , ... ....'. defendant. .. i '.' " ~. ~ ~.' are divorced from the bonds of matrimony, The Separation and Property ~ Settlement Agreement dated February 22, 1997 is hereby incorporated '.' ~ The court retains jLlrisdiction of the following c10ims which have been raised of record in this action for which 0 final order has not yet been entered; NO CLAIMS RAISED . , . . , . . . , , . , , . . . . , , , , . , , , , , , , , . . , , , , , , , , , , . n y The JJ~r ~ IJ ~ r J I . Allest: 1\. '~><<:e €) /.~tZl, IJ:., t:r_..~ J. ~ I/~!~~ J -" K '<'?' ~. '1;, \;" ",.t . '_<- t, t {~olhonolaq. ~ ~ ~ ~ ~ -- --.. ' , . .. - - - . . .. .. .. ..' ' , , '" .., ., ~~-~*~~.***~*******~.* ~ .:+:. .:.:' .:+;. ':<&;. ,:+;. .:.;. -:.:- -:.:' ':.:- -:+:. ~ '" ~ i '.' ~ '.' ~ '.' $ ." " ,', ~ ,'. :, ~ " ~ ~ " ~ i '.' ~ i, ~ '.' .', ~ ~ I~ ~~ ~ '.' i '.' * i~ ~~ i~ t'" t~ ",' !,', ,~ ;~ i',' , , :~ ~ ~ ~ ~ :~ 7,/01,) 7,/0-1/) c;j'~!I rH~Jd/:t ~ ;z::~ ;v:(!"~ :;;a.jJ/ -i ({?Ii- SEPARATION AND PROPERTY SETTLEMENT AGREEMENT THIS AGREEMENT, made this 22na day of February, 1997, by and between Mary J. Williams of Carlisle, Cumberland County, Pennsylvania, a party of the first part, hereinafter referred to as "Wife" and David B. Williams of Carlisle, Cumberland County, Pennsylvania, party of the second part, hereinafter referred to as "Husband" WITNESSETH: WHEREAS, husband and wife were married on July 22, 1978 in Camp Hill, Cumberland County, Pennsylvania; and WHEREAS, husband and wife have been living separate and apart from each other since February 22, 1997; WHEREAS, husband and wife are residents of the Commonwealth of Pennsylvania and have been so for at least the past six (6) months; and WHEREAS, certain diverse, unhappy differences have arisen between the parties hereto which have made them desirous of continuing to living separate and apart from one another; and WHEREAS, husband and wife desire to settle and determine certain of their marital rights and obligations, and make an equitable distribution of their marital property; WHEREAS, it is the intention and purpose of this Agreement to set forth the respective rights and duties of the parties while they continue to live apart from each other and to settle all financial and property rights between them; and WHEREAS, the parties hereto have mutually entered into agreement for the division of their jointly owned assets, the provisions for the liabilities they owe, and provisions for the resolution of their mutual differences, after both have had full and ample opportunity to consult with their respective attorneys, and the parties now wish to have that agreement reduced to writing. NOW, THEREFORE, the parties hereto in consideration of the mutually made and to be kept promises set forth herein and for other good and valuable consideration, intending to be legally bound and to legally bind heirs, successors, assigns, and personal representatives, do hereby covenant, promise and agree as follows: ARTICLE I SEPARATION 1.1 It shall be lawful for husband and wife at all times hereafter to live separate and apart from each other and to reside from time to time at such place or places as they shall deem fit free from any control, restrain, or interference, direct or indirect, by each other. Neither party shall molest the other or compel or endeavor to compel the other to cohabitate or dwell with him or her by any legal or other proceedings. The foregoing provision shall not be taken to be an admission on the part of either husband or wife of the lawfulness of the causes leading to them living separate and apart. ARTICLE II DIVORCE 2.1 This Agreement is not predicated on divorce. It is specifically understood and agreed by and between the parties hereto and to each of the said parties does hereby warrant and represent to the other that the execution and delivery of this Agreement is not predicated upon nor made subject to any agreement for institution, prosecution, defense, or for the nonprosecution or non-defense of any action for divorce; provided, however, that nothing contained in this Agreement shall prevent or preclude either of the parties hereto from commencing, instituting or prosecuting any action or action for divorce, either absolute or otherwise, upon just, legal and proper grounds; nor to prevent either party from defending any such actin which has been may, or shall be instituted by the other party, or for making any just or proper defense thereto. It is warranted, covenanted, and represented by husband and wife, each to the other, that this Agreement is lawful and enforceable and this warranty, covenant, and representation is made for the specific purpose of inducing husband and wife to execute this Agreement. Husband and wife each knowingly and understandingly hereby waive any and all possible claims of this Agreement is, for any reason, illegal, or for any reason whatsoever of public policy, unenforceable in' whole or in part. Husband and wife do each hereby warrant, covenant and agree that, in any possible event he or she are and ever shall be estopped from asserting any illegality or unenforceability as to all or any part of this Agreement. 2.2 It is further specifically understood and agreed that the provision of this Agreement relating to the equitable distribution of property of the parties are accepted by each party as a final settlement of for all purposes whatsoever. Should either of the parties obtain a decree, judgment or order of separation or divorce in any other state, county, or jurisdiction, each of the parties to this Agreement hereby consents and agrees that this Agreement and all its covenants shall not be effected in any way by and 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. .\~ 2.3 It is specificallY agreed that a copy of this Agreement may be incorporated by reference into any divorce judgment or decree if or whenever sought by any of the parties hereto. It is understood by the parties that a divorce complaint has been filed in the Court of Common pleas of Cumberland County at docket number~~-'OQO Civil 1997. Such incorporation, however, shall not be regarded a merger, it being the intent of the parties to permit Agreement to survive any such agreements. ARTICLE III EQUITABLE DISTRIBUTION OF MARITAL PROPERTY 3.1 The parties have attempted to divide their marital property in a manner which conforms to the criteria set forth in Section 3502 of the pennsylvania Domestic Relations Code, and taking into account the following considerations: the length of the marriage, the prior marriages of the parties; the age, health, station, amount and sources of income, vocational skills, employability, estate, liabilities, and need for 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 of 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 their marriage. 3.2 The division of existing marital property is not intended by the parties to constitute in any way a sale or exchange of assets and the division is being effected without the introduction of outside funds or other property not constituting marital property. The division of property under this Agreement shall be in full satisfaction of all rights of equitable distribution of the parties. a. The parties hereby agree that any transfers of property pursuant to the terms of this Agreement shall be within the scope of the Deficit Reduction Act of 1984, or other similar tax acts (hereinafter "Act"). The parties agree to sign and cause to be filed any elections or other documents required by the Internal Revenue Service to render the Act applicable to the transfers set forth in this Agreement, without recognition of gain on such transfers and subject to the carry-over basis provisions of said Act. 3.3 The parties shall retain sole and exclusive right, title and possession of all personal property currently in their possession and/or personal property that was obtained by way of gift from each party's family (i.e. wife has sole and exclusive right, title and possessions of all personal property obtained from wife's family, including but not limited to parents and grandparents; husband has sole and exclusive right, title and possessions of all personal property obtained from husband's family including but not limited to parents and grandparents). Except as provided for herein, Husband shall make no claim whatsoever for any personal property in wife's possession and/or personal property that was obtained by way of gift or inheritance from her family. Additionally, except as provided for herein, Wife shall make no claim whatsoever for any personal property in Husband's possession and/or personal property that was obtained by way of gift or inheritance from his family. Should it be necessary for either party to execute any documents to convey title to any such personal property in the other party's possession, they shall do so within thirty (30) days of the execution of this Agreement or within thirty (30) days of the request from the opposing party. 3.4 Except as provided herein, Wife waives any right or interest she may have in the marital residence located at 294 Fairview Street, Carlisle, cumberland county, pennsylvania. In return for Wife's waiver of her rights and interest in the marital residence, Husband agrees to pay Wife the sum of $20,000.00. Except as provided herein, Husband waives any right or interest he may have in the business trading as "Backstage Pass" (Tattooing and piercing Studio) currently located at 1401 Trindle Road, Carlisle, Cumberland County, Pennsylvania. In return for Husband's waiver of his rights and interest in "Backstage Pass", Wife agrees to pay Husband the sum of $2,500.00. Husband and Wife agree that the sum of $20,000.00 owed to Wife from Husband, as stated above, will be reduced by the sum of $2,500.00, representing the amount Wife owes Husband for his rights and interest in "Backstage Pass". The outstanding balance of $17,500.00 owed to Wife from Husband will be paid in monthly installments of $200.00 until paid in full; of which the first payment is due on March 1, 1997 and payments will continue to be due on the first of each month thereafter until the sum of $17,500.00 has been paid. 3.5 Each party relinquishes any right, title and interest he or she may have to any and all motor vehicles currently in the possession of the other party. Within thirty (30) days of the date of execution of this document or the request of the other party, each party shall execute the necessary documents to have said vehicles properly registered in the other party's name with the Pennsylvania Department of Transportation or the proper authority within the state in which the party resides. It is the intention of the parties that the 1989 Astro Van shall be transferred solely to Husband. It is the intention of the parties that the 1974 Super Beetle shall be transferred solely to Wife. Except as provided herein, wife waives any right or interest she may have in the 1989 Astro Van. Except as provided herein, Husband waives any right or interest he may have in the 1974 Super Beetle. Except as provided herein, Husband waives any right or interest he may have in the household pets. The cats and other household pets will remain at the marital residence until Wife has obtained sufficient housing enabling Wife to take the cats and other household pets. The Cocketiels will remain with the parties daughter, Elizabeth A. Williams. 3.6 Husband and Wife agree to waive and relinquish any and all right that he or she may now have or hereafter acquire in any real or tangible personal property subsequently acquired by the other party. Husband and Wife specifically agree to waive and relinquish any right in such property that may arise as a result of the marriage relationship. ARTICLE IV RELEASE OF SUPPORT FOR HUSBAND AND WIFE 4.1 The parties herein acknowledge that by this Agreement they have respectively secured and maintained an adequate fund with which to provide themselves sufficient resources to provide for their comfort, maintenance, and support in the station of life in which they are accustomed. Husband and Wife do hereby waive, release and give up any rights they may respectively have against the other for alimony, support, or maintenance. 4.2 Husband and Wife specifically waive, release and give up any rights for alimony that they may be entitled to pursuant to Chapter 37 of the Pennsylvania Domestic Relations Code. ARTICLE V DEBTS OF THE PARTIES 5.1 Each party represents to the other that except as otherwise specifically set forth herein, there are no major outstanding obligations of the parties, that since the separation neither party has contracted for any debts for which the other will be responsible and each party indemnifies and holds harmless the other for all obligations separately incurred or assumed under this Agreement. In the event either' party contracted for or incurred any debts since the date of separation, the party who incurred said debt shall be responsible for the payment thereof regardless of the name in which the account may have been charged. Husband and Wife acknowledge and agree that they have no outstanding debts or obligations of the Husband and Wife incurred prior to the signing of this Agreement except for the following: A. There exists a first and second mortgage on the marital residence, which obligation is to be that soley of Husbands. During the next twelve months, Husband is to make all reasonable efforts to obtain refinancing, consolidating both the first and second mortgage; thereby removing Wife's name from such obligations. B. There exists a liability owed on a Mastercard Credit Card, which obligation is to be that soley of Husband's. Husband will retain the credit card and make monthly payments as they become due. Husband will make all reasonable efforts to remove wife's name from the Mastercard Credit Card. C. There exists a Member's First Visa Credit Card, which currently has no outstanding obligation. This card is to be transferred soley to the Wife. wife will retain the credit card and make any monthly payments as they become due. Wife will make all reasonable efforts to remove Husband's name from the Member's First Visa Credit Card. Husband and Wife acknowledge that all other joint miscellaneous bills and credit card bills, except those itemized above, are the sole responsibility of Husband and Husband agrees to make all reasonable efforts to remove Wife's name from all such bills. ARTICLE VI MISCELLANEOUS PROVISIONS 6.1 The parties hereto have retained independent legal counsel. The provisions of this Agreement and their legal effect have been fully explained to the parties by their respective counselor the parties have waived their right to have legal advice regarding the meaning and implication of this Agreement. The parties acknowledge and accept that this Agreement is, in the circumstances, fair and equitable, that it is being entered into freely and voluntarily, after having received such advice and with such knowledge 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. 6.2 Husband and Wife do hereby mutually remise, release, quitclaim, and forever discharge the other and the estate of ths other, for all times to come and for all purposes whatsoever, of and from any and all legal right, title and interest, or claims in or against the property of the other or against the estate of the 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, whether arising out of any former acts, contracts, engagements, or liabilities of such other as 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, source fees, 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 execution of this Agreement a full, complete, and general release with respect to any and all property of any kind or nature, real or personal, not 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. 6.3 Each party represents that since separation, they have not heretofore incurred or contracted for any debt or liability or obligation for which the estate of the other party may be responsible or liable, except as may be provided for in this Agreement. Each party agrees to indemnify and hold the other party harmless from and against any and all such debts, liabilities or obligations of each of them, including those for necessities, except for the obligations arising out of this Agreement. Husband and Wife each warrant, covenant, represent and agree that each will, now and at all times hereafter, save harmless and keep the other indemnified from all debts, charges, and liabilities incurred by the other after the execution date of this Agreement, except as is otherwise specifically provided herein. 6.4 No waiver or modification of any of the terms of this Agreement shall be valid unless in writing and signed by both parties and no waiver of any breach hereof or default hereunder shall be deemed a waiver of any subsequent default of the sarne or similar nature. 6.5 This Agreement shall be construed in accordance with the laws of the Commonwealth of Pennsylvania which are in effect as of the date of execution of this Agreement. 6.6 This Agreement shall be binding and shall inure to the benefit of the parties hereto and their respective heirs, executors, administrators, successors and assigns. 6.7 This Agreement constitutes the entire understanding of the parties and supersedes any and all prior agreements and negotiations between them. There are no representations or warranties other than those expressly set forth herein. 6.8 If any term, condition, clause, section, 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 shall be stricken from this Agreement, and in all other respects, this Agreement shall be valid and continue in full force, effect, and operation. Likewise, the failure of any party to meet his or her obligation under anyone or more of the articles and sections herein shall in no way void or alter the remaining obligations of the parties. 6.9 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 Domestic Relations Code of the Commonwealth of Pennsylvania. 6.10 The parties warrant and represent that they have made full disclosure of all assets prior to the execution of this Agreement. 6.11 In the event either party to this Agreement shall breach any term, covenant or other obligation herein, the non-breaching party shall be entitles, in addition to all other remedies available at law or in equity, to recover from the breaching party all costs which the non-breaching party may incur, including but not limited to filing fees and attorney's fees, in any action or proceeding to enforce the terms of this Agreement. 6.12 This Agreement shall survive any action for divorc~ and decree of divorce and shall forever be binding and conclusive on the parties; and any independent action may be brought, wither at law or in equity, to enforce the terms of this Agreement by either Husband or Wife until it shall have been fully satisfied and performed. 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