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HomeMy WebLinkAbout97-01104 ~ \l 1 " <:Q ~ ~ " ~ ~ \) <:Q \ ~ // // , ~ , !\~ I ! : - I . I . .':) - CJ ')... ~; t"'- o-- ~ Code, their marriage is irretrievably broken. Wife shall file an action in the Court of Common Pleas, Cumberland County, Pennsylvania. The parties agree to take all legal steps (including the timely and prompt submission of all documents and the taking of all actions) necessary to assure that a divorce pursuant to 23 Pa. C.S.A. S 3301 of the Divorce Code is entered as soon as possible. This Agreement and any ancillary or supplemental agreements shall be incorporated by reference and merged into the proposed Divorce Decree presented to the Court. Husband and wife shall at all times hereafter have the right to live separate and apart from each other and to reside from time to time at such place or places as they shall respectively deem fit, free from any control, restraint or interference whatsoever by the other. Neither party shall molest the other in any way whatsoever nor endeavor to compel the other to cohabit 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 or unlawfulness of the causes leading to their living apart. The Husband will vacate the premises known as 93 Longmeadow Street, Mechanicsburg, Cumberland County, Pennsylvania no later than February 27, 1997. 3. Marital Prooertv. (a) Personal Prooen:v Division. Husband and wife acknowledge that they have divided all personal property acquired 2 ~ during the marriage to their mutual satisfaction. Husband hereby relinquishes all right, title and interest in Wife's personal property currently in her possession, and wife hereby relinquishes all right, title and interest in Husband I s personal property currently in his possession, eXcEpt as provided herein to the contrary. (b) Retirement. Pension. 401-K Plan. Husband hereby relinquishes all right, title and interest in Wife'S retirement, pension and/or 401-K Plan, if any, and wife hereby relinquishes all right, title and interest in Husband's retirement, pension and/or 401-K plan, if any. 4. Debts and obliaations. (a) Individual debts/obliaations. Each of the parties shall assume all debts and obligations presently in their individual names and shall indemnify, defend and hold the other harmless from said debts and obligations, whether incurred prior to, during, or subsequent to the marriage. This shall include all personal, individual credit cards and personal individual loans by either party except as otherwise set forth herein. Each party hereby agrees to pay and hereby agrees to hold the other harmless from any and all personal debts and obligations incurred by him or her on or after the date of this Agreement. If any claim, action or proceeding is hereafter brought seeking to hold the other party liable on account of any such debts and obligations, such party will at his or her sole expense defend the other party against any 3 . such claim, action or proceeding, whether or not well-founded, and indemnify the other party against any loss resulting therefrom. (b) Joint debts/obliaations. Husband and Wife represent that there are no joint debts or other debts incurred by either of them currently outstanding with respect to which the other party may incur any liability now or in the future, except for a loan obligation to First Federal of Cumberland Maryland secured by a lien on the title of a 1997 Mercedez Benz owned by Wife in the remaining principal amount of Thirty Thousand Eight Hundred Fifty- four and 80/100 ($30,854.80) Dollars requiring payments of Five Hundred Fifty and 98/100 ($550.98) Dollars monthly. Each party otherwise hereby expressly agrees to indemnify, defend and hold harmless the other from any and all liability, direct or indirect, including attorneys' fees and costs, which may arise in connection with an obligation, joint or otherWise, for which the party has agreed hereunder to bear sole or partial responsibility, or which the party has failed to diSClose and provide for herein. 5. Settlement Pavment to Wife. The parties agree that Husband shall pay to Wife the sum of Five Hundred Fifty and 98/100 ($550.98) Dollars on the first day of each month commencing March 1, 1997 as payment on the Mercedez Benz automobile until the full amount of the aforementioned loan is paid in full. Husband shall further permit Wife to use the Visa Card Account Number 42269001 4137 1097 for a period of five (5) years from the date of execution 4 hereof and the Husband agrees to remain as a guarantor/co-owner of such card. However, Wife shall be responsible for any charges she incurs on this credit card. Additionally, Husband shall maintain a term life insurance policy on his life in the principal amount of Fifty Thousand ($50,000.00) Dollars naming wife as sole beneficiary until the aforementioned debt secured by the automobile is paid in full. This settlement payment shall, to the extent permitted by law, be deemed a tax free transfer between the parties incident to divorce. 6. Leaal Fees. Each party agrees that they shall be responsible for their own legal and other fees incurred by them in connection with this domestic relations matter unless otherwise specified herein or otherwise agreed to by them. 7. Automobiles . Upon execution hereof, the parties agree that the 1997 Mercedez Benz currently in wife's possession shall become the sole free and clear property of Wife, and that Wife shall insure and assume all liability therefor except as otherwise set forth herein. Husband waives any right, title or interest he may have in and to said automobile and shall promptly execute any title or transfer documents necessary to fulfill this provision. Wife agrees to waive any right, title or interest she may have in and to any automobiles which Husband may own individually or jointly with Wife, if any, and wife and shall promptly execute any citle or transfer documents if necessary to fulfill this 5 . provision. Each party shall, after execution hereof, maintain their own automobile insurance in their separate names. 8. Other Writinas. Each of the parties hereto agrees to promptly execute any and all documents, deeds, waivers, bills of sale, tax returns or other writings reasonably necessary to carry out the intent of this Agreement. 9. Further Debt. (a) Wife shall not contract or incur any debt or liability for which Husband or his property or estate might be responsible and shall indemnify and save harmless Husband from any and all claims or demands, including attorneys' fees and costs, made against him by reason of debts or obligations incurred by her. (b) Husband shall not contract or incur any debt or liability for which wife or her property or estate might be responsible and shall indemnify and save harmless Wife from any and all claims or demands, including attorneys' fees and costs, made against her by reason of debts or obligations incurred by him. 10. Mutual Release. Except as otherwise provided herein and so long as this Agreement is not cancelled by subsequent agreement, the parties hereby release and discharge, absolutely and forever, each other from any and all rights, claims and demands, past, present and future, specifically from the following: alimony pendente lite; alimony; spousal support; division of property; claims or rights of dower and right to live in the House; right to act as executor or administrator in the other's estate; rights as 6 . devisee or legatee in the Last will and Testament of the other; any claim or right as beneficiary in any life insurance policy of the other unless specifically named otherwise or as required herein; and any claim or right in the distributive share or intestate share of the other party's estate, all unless specified to the contrary herein or in a subsequent writing signed by the parties hereto. 11. Tax Return. The parties have elected to file separate individual income tax returns beginning with tax year 1997. Each party shall be solely liable for any tax liability from that period forward and shall indemnify, defend and hold the other harmless from and against any such liability. 12. Medical/Health Insurance. Lpon execution hereof, each party shall be responsible for their own medical/health insurance and the maintenance thereof, if any. 13. Entire Agreement. This Agreement constitutes the entire understanding between the parties, and there are no covenants, conditions, representations or agreements, oral or written, of any nature whatsoever, other than those herein contained. 14. Leaallv Binding. It is the intent of the parties hereto to be legally bound hereby, and this Agreement shall bind the parties hereto and their respective heirs, executors, administrators and assigns. 15. Full Disclosure. Each party asserts that she or he has fully and completely disclosed all the real and personal 7 property of whatsoever nature and wheresoever located belonging in any way to each of them; of all debts and encumbrances incurred in any manner whatsoever by each of them; of all sources and amounts of income received or receivable by each party; and of every other fact relating in any way to the subject matter of this Agreement. These disclosures are part of the consideration made by each party for entering into this Agreement. Each party further represents and warrants that there are no undisclosed debts or obligations for which the other party may be liable, and each party shall indemnify and hold harmless the other party from any such liabilities, including attorneys' fees and costs. 16. Costs to Enforce. In the event that either party defaults in the performance of any duties or obligations required by the terms of this Agreement, and legal proceedings are commenced to enforce such duty or obligations, the party found to be in default shall be liable for all expenses, including reasonable attorneys' fees, incurred as a result of such proceedings. 17. Aareement Voluntarv and Clearlv Understood. Each party to this Agreement acknowledges and declares that he or she respectively: (a) Is fully and completely informed as to the facts relating to the subject matter of this Agreement and as to the rights and liabilities of both parties; (b) Enters into this Agreement voluntarily after receiving the advice of independent counselor, having 8 been advised to consult independent counsel, has knowingly and voluntarily chosen to forego such consultation; (c) Has given careful and mature thought to the making of this Agreement; (d) Has carefully read each provision of this Agreement; and (e) Fully and completely understands each provision of this Agreement, both as to the subject matter and legal affect. 18. Amendment or Modification. This Agreement may be amended or modified only by a written instrument signed by both parties. 19. Applicable Law. This Agreement shall be governed, construed and enforced under the statute and case law of the Commonwealth of Pennsylvania. 20. Spousal SuPPort. In consideration of the terms hereof, Husband and wife mutually agree to waive any claim either may have for alimony or spousal support. 21. Counterparts. This Agreement may be executed in separate counterparts, each counterpart deemed an original and when combined represents the legal binding intent of the parties hereto. 22. Severabilitv. If any part of this Agreement is determined to be invalid by a court of competent jurisdiction, such determination shall not invalidate the entire document but shall 9 n '.D " C .-J 'n -. f . "J " 'J ," ,:, . r',J :.':" ") . -1 .-.- ' . ., ) :.} ;-i' , , ,- " ; ~\J - . nJ -< : : IN TilE COURT O~' COHHON PLEAS : IIELEN BENDER, : CUMBERLAND COUNTY. PENNSYLVANIA Plaintiffv : s. . CIVIL DIVISION . LONIE II. BENDER, : Ng? 11 04 Defendant . CIVIL TERM . : PRAECIPE TO TRANSMIT RECORD To the Prothonotary: Transmit the record. together with the following information to the court for entry of a divorce decree: 1. Ground for divorce: irretrievable breakdown under 53301(c) ~ of the Divorce Code. (Strike out inapplicable section). 2. Date and manner of service of the complaint: February 21. 1997 ~y Certified Nail. 3. Complete either paragraph (a) or (b). (a) Date of execution of the affidavit of consent required by 53301(c) of the Divorce Code: by plaintiff June 30. 1997 by defendant July 211, 1997 (b)(l) Date of execution of the of the Divorce Code: affidavit required by S330l(d) : (2) Date of filing and service of the plaintiff's affidavit upon the r~spondent: 4. Related claims pending: Equitable Division, Distribution and Assignment of Marital Property. 5. Complete either (a) or (b). (a) Date dnd manner of service of the notice of intention to file praecipe to transmit record. a copy of which is attached: (b) Date plaintiff's Waiver of Notice in 5330l(c) Divorce was hIed with the Prothonotary: July 29. 1997 Date defendant~s Waiver of Notice in 5330l(c) Divorce was filed with the Prothonotary: Julv 29. IlJ97 ['.<no for (Plaintiff)~) (") .0 ~ c. -.l . J l.~i ., '..;.: ,i;:J ~11 , '-') , ~., .'-.t, '., ..:J c~. I::> ':, " " . ~1l '. :::.: ~ '.. -r1 " )-- . ...C) :~.. ~ (JIll .It.' ':~ ::-:, :J1 ~, -<. -< ro .:> () ~;: -.I '" , '";J:, .-.= '_!! S..:': :- '1-- t..J - 'In '. "-:-) . '.:J ~. : :6 -'-J ";1 '. -:, .., '. ~ ., .,) :." :.Jr; I .'\) ~...;.! -- ~rJ ~: (::l ...;; () .n C> C' -.J 'n , ~...: --, ":, ',' '- ~ -- , 1:"1 . : ;",.., .r-=-l :0 ~ , ,;:;, "'6 : '~".' '; , I~'J --' " ) :.~.' ,Ill . :.~ -..t ::"1 .' tD ... , ,. . HELEN BENDER, IN THE COURT OF COMMON PLEAS OF CIJNIlERLAND COUNTY, PENNSYLVANIA Plaintiff, v. NO. 97-1104 Civil LONIE II. BENDER, CIVIL ACTION - LAW Defendant, IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REOUEST ENTRY OF A DIVORCE DECREE UNDER SECTIPN 3301~~QF THE_DIVORCE COD~ I, I consent to the entry of a fi:l'11 Decree of Divo!'ce 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 divocce is granted. 3. I understand that r 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 imm8diately after it is filed with the Prothonotary. I verify that the statements made in this Affidavit a~e true and correct. I understand that false statements herein are made subject to the penalties cf 18 Pa. C.S.!" Section 4904, relating to unsworn falsification to authorities. DA'l'E: 7-, )8/n / (' ///) U'I/ '.e A/Jt'Y( {J ( Eoni,. II. Bender n .D 0 r.-. -I '11 -,-,j'. ,- ;! r'"" ,~ c: '-"q ,- ','.t;, ::'.~ . !" ~'/l .C. ',el ~o .'J "\l ...n , ,.- ~.O ~,? 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PS Fonn 3811, Qlc:lmber 1994 Domestic Retum Receipt --- ---.--------' !)wJ A r' J[ 1/3b/91- . . ' S) ,0 0 .... ." .- J , I~~ " " , 5>t: 'P. w ; z U1 ?j' ~ ~ , I i . J