Loading...
HomeMy WebLinkAbout97-01167 ~ .{ .. \l " ~ \" \l ~ \. " ( .... \I ~ ~ \" \l ~ ~ ( \. ~ - .~ , '-J ~;' ~ ~ ().. '" j " ,/' ,de /.. 0 .0 ...., c:: :.::J -n ''" ~ ,.' " .~., C' " ":) .-:1 ,- "'1 /:.:i .r.:> ,j " 2'q ; :rJ " ) . . ~11 " .,-' -',," ~! :=> :'0 Iv -< were single and unmarried. Neither shall bother the other or compel or endeavor to compel the other to cohabit or dwell with him or her. 3 . MUTUAL RBLRASB Subject to the provisions of this Agreement, each party has released and discharged, and by this Agreement does for himself or herself, and his or her heirs, legal representatives, executors, administrators, and assigns, release and discharge the other of and from all causes of action, claims, rights, or demands whatsoever, in law or equity, which either of the parties ever had or now has against the other, except any or all cause or causes of action for divorce. 4. FULL DISCLOSURE The provisions of this Agreement and their legal effect are fully understood by each party to this Agreement, and each party acknowledges that the 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. Husband and Wife each represent and warrant to the other that he or she has made a full complete disclosure to the other of all assets of any nature whatsoever and of all other facts relating to the subject matter of this Agreement. Both parties represent that the terms of this Agreement have been fully 2 , InitialslL s....0.... explained to them by their respective counselor that both parties have had the opportunity to have legal counsel review and fully explain the terms of this Agreement. Wife is represented by Michael J. Pykosh, Esquire of the Law Offices of Darrell C. Dethlefs. Husband is represented by Charles Petrie, Esquire. 5. BOUITABLB DIVISION By this Agreement, the parties have intended to effect an equitable division of their marital property. This division is not intended by the parties to constitute in any way a sale or exchange of assets. 6. SUBSBOURNT DIVORCB A. AGRBBMBNT NOT PRBDICATBD ON DIVORCB - It is specifically understood and agreed by and between the parties hereto and 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 non-prosecution 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 3 Initials I.J .3 ~ actions for divorce, upon just, legal and proper grounds; nor to prevent either party from defending any such action which has been, mayor shall be instituted by the other party, or from 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 the Agreement. Husband and Wife each knowingly and understandingly hereby waives any and all possible claims that this Agreement is, for any reason, illegal of for any reason whatsoever, unenforceable in whole or in part. Husband and Wife each do hereby warrant, covenant and agree that, in any possible event, he and she are and shall forever be stopped from asserting any illegality or unenforceability as to all or any part of this Agreement. B. ENTRY AS PART OF OBCREB - It is the intention of the parties that the Agreement shall survive any action for divorce which may be instituted or prosecuted by either party and no order, judgment or decree of divorce, temporary, final or permanent, shall affect or modify the financial terms of this Agreement. This Agreement shall be incorporated in but shall not merge into any such judgment or decree of final divorce, but shall be incorporated for the purpose of enforcement only. 4 Initials ~ :i.ft 8. MOBILB HOME Husband and Wife agree that Husband shall retain the mobile home located at 142 Amy Drive, and that Wife shall relinquish all right title and interest in the same. Husband shall take whatever steps are necessary to remove Wife's name from the title and any i " debt related thereto within forty (45) five days after the signing of this agreement. 9. DIVISION OF MOTOR VEHICLBS With respect to the motor vehicles owned by one or both of the parties, they agree as follows: Both parties shall retain the motor vehicle presently in their possession, more specifically husband shall retain the 1988 Toyota 4x4 Truck. Wife shall retain the 1994 Pontiac Grand Am. The titles to the said motor vehicles shall be executed by the parties, if appropriate, for effectuating transfer as herein provided, on the date of execution of this Agreement or at any time thereafter at the request of either party. 10. CRlIDIT CARD DBBT Husband and Wife afree that they shall each be responsible for the credit card debt contracted in their own name. The credit card debt in both names shall be shared on a fifty-fifty (50/50) basis. 11. AFTBR-ACOUIRRn PBRSONAL PROPERTY Each of the parties shall hereafter own and enjoy, 6 Initials JiJ St3 independently of any claim or right of the other, all items of personal property, tangible or intangible, acquired by him or her after March 1, 1997, with full power in him or her to dispose of the same as fully and effectively, in all respects and for all purposes, as though he or she were unmarried. 12. DISPOSITION OF PROPBRTY From and after the date of the signing of this Agreement, both parties shall have complete freedom of disposition as to his/her separate property and any property which is in their possession or control pursuant to this Agreement and may mortgage, sell, grant, conveyor 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 need join in, consent to, or acknowledge any deed, mortgage, or other instrument of the other pertaining to such disposition of property. 13. PAYMENT OF SPBCIFIED OBLIGATIONS The parties agree that the following constitute joint marital obligations which shall be paid by the following person: A. WIFB - 1. All debts incurred by Wife since the parties separation. 2. All debts associated with the motor vehicle in Wife's possession at the time of the signing of the Agreement. B. HUSBAND - 1. All debts incurred by Husband since the parties separation. 2. All debts associated with the motor vehicle in Husband's possession at the time of the signing of the Agreement. 7 InitialsJJ3 :) 8> 14 . LEGAL PEES Each party is responsible for their own legal fees with respect to this matter. 15 . ALIMONY Both parties acknowledge and agree that the provisions of this Agreement providing for equitable distribution of marital property are fair, adequate and satisfactory to them and are accepted by them in lieu of and in full and final settlement and satisfaction of any claims or demands that either may now or hereafter have against the other for support, maintenance, alimony pendente lite or alimony. Husband and Wife further, voluntarily and intelligently , waive and relinquish any right to seek from the other any payment for spousal support, maintenance, alimony pendente lite or alimony. 16. PENSION PROGRAM Each party hereto shall maintain sole ownership over his or her individual pension plan, profit sharing or similar retirement plan acquired individually or as the result of contributions by his or her employer. Wife hereby releases any interest that she has in the retirement benefits of Husband accumulated as the result of his employment. Retirement plan and any other additional benefits he many have accrued. Husband hereby releases any interest that he has in the retirement benefits of Wife accumulated as the result of her employment and any other additional benefits she may have accrued. 8 Initials/Ji ~6 . . This waiver is a full and complete discharge of each parties' marital claim. 17. MISCBLLANEOUS All assets including, but not limited to, savings accounts, checking accounts, certificates of deposit and life insurance policies shall be the sole and separate property of the title holder of said asset. The parties believe and agree, that the division of property hereto made by this Agreement is a non-taxable division of property between co-owners rather than a taxable sale or exchange of such property. Each party promises not to take any position with respect to the adjusted basis of the property assigned to him or her or with respect to any other issue which is inconsistent with the position set forth in the preceding sentence on his or her federal or state income tax returns. 18. GBNBRAL PROVISIONS A. WARRANTY AS TO EXISTING OBLIGATIONS Each party represents that 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 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. 9 Initials 1iL <56 B. WARRANTY AS TO FU'l'URE OBLIGATIONS - Wife and Husband each covenant, warrant, represent, and agree that each will now and at all times hereafter save harmless and keep the other after the execution date of this Agreement, except as may be otherwise specifically provided for by the terms of this Agreement and that neither of them shall hereafter incur any liability whatsoever for which the estate of the other may be liable. C. SBVBRABILITY 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 shall be stricken from this Agreement and in al 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 obligations under anyone or more of the paragraphs herein, with the exception of the satisfaction of the conditions precedent, shall in no way void or alter the remaining obligations of the parties. D. OTHER DOCUMBNTATION - Wife and Husband covenant and agree that they will forthwith execute any and all written aBsignments, releases, satisfactions, deeds, notes or such other writings as may be necessary or desirable for the proper effectuation of this Agreement. and as their respective counsel shall mutually agree should be so executed in order to carry out fully and effectively the terms of this Agreement. 10 Initials l::f:L SI3 B. BNTIRB AGRBBMBNT - 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. F. WAIVBR OR MODIFICATION TO BB IN WRITING - No modification or waiver of any of the terms hereof 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 same or similar nature. G. MUTUAL COOPBRATION - Each party shall, at any time and from to time to time hereafter, take any and all steps and execute, acknowledge, and deliver to the other party any and all further instruments and/or documents that the other party may reasonably require for the purpose of giving full force and effect to the provisions of this Agreement. H. LAW GOVBRNING - This Agreement shall be construed and governed in accordance with the laws of the Conunonwealth of Pennsylvania. I. BINDING BFFBCT - Except as otherwise stated herein, this Agreement shall be binding and shall inure to the benefit of the parties hereto and their respective heirs, executors, administrators, successors, and assigns. J. NO WAIVBR OR DB FAULT - This Agreement shall remain in full force and effect unless and until terminated under and 11 Initials hiL. S!2 pursuant to the terms of this Agreement. The failure of either party to insist upon strict performance of any of the provisions of this Agreement shall in no way affect the right of such party hereafter to enforce the same, nor shall the waiver of any breach of any provision hereof be construed as a waiver of any subsequent default of the same or similar nature, nor shall it be construed as a waiver of strict performance of any other obligations herein. K. HEADINGS NOT PART OP AGREEMKNT - Any heading preceding the text of the several paragraphs and subparagraphs hereof are inserted solely for convenience or reference and shall not constitute a part of this Agreement nor shall they affect its meaning, construction, or effect. L. ADDRESS OP PARTIES - Each party shall at all times keep the other informed of his or her place of residence, and shall promptly notify the other of any change, giving the address of the new place of residence. M. WAIVER OP 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 have or hereafter acquire, under the present or future laws of Pennsylvania or another jurisdiction, to share in the property or the estate of the other as a result of the marital relationship, including, without limitation, dower, curtesy, their statutory equivalents, widow's allowance, homestead 12 to take against the will Initials J-/3 ~ rights, right to take in intestacy, right .. . ( , ~ r) !; :.) " '. " I ~ .. J , (, . . , ,'~ , " - ,J ..- " : ~") -; co .<; '" :; :; ;~ ~ ' , '\" '< '., , "', .;( , " , ,", l~~f~,;,,;,:,~i,',;;,,:,"~; "'. - -,' . \\',,:\::' <,'j' J:" ..:;'" :-'-; ~ c. . .;~ ,~~,I 1 '" >, ," }.-" ~~<';~I;l:,?,,!; " , . ~ '-.-.,: 'T;~}ri,__~~.~..,,">, '. '~:i$' .~, '~ ' . '''~i~'r~i ~lli t: "ltz'" ....ui ',~ ': .Lil,O ' n:J; -...~,,'..'_(f.j(:L , ~ ~';:;";a :,~' . c;J ~<-~'c;.rt'-,-".. _ < ;\ " , """'~:,:':, ~',,'.."",',"',.,',.". , -' ',t .".." ,', " . , , " ','"-'." , '. ' :..,.~..~,.', ~.' " ~y~ .~ ~ ~"~ ~ ~,' 'N',~ ,~ ,~," :~' ,',"' ;'/" ','. . "', : ',;- >-';", .'.\ -'-, ;',,' ;1> ;". " ::;::'::;l;.,' , ! . - , " ';. " ~.,'~, ;.' '-<-"X' -.,~.. _ .~->- , , ;:,. ", '-- ',. .',...;,' .-,. :,-. :~'-,' . ',:' " ,I,'h' :-- ~- '.- ";'-, ,,~ "i .> ,~,' , , ..',.c'.'.'; '" ',,-' '-:';'~} .:~)>;:~. -':"."-L(: ;,-;,-" ',\'''. ..~ .o;1.E,::>',:, :^','". " >, ,~'. 'n.;. '-~. .1",' ..~~, , LAUREL A. BBRXHBIMBR, PLAINTIll'll' IN THB COURT Oll' COMMON PLBAS CUMBBRLAND COUNTY, PBNNSYLVANIA NO. q ,- 1/(, I C'u.<-( T; (.'. I v. STBVBN M. BBRXHBIMBR DBll'BNDANT CIVIL ACTION - LAN DIVORCB ACTION NOTICE OF RIGHT TO COUNSELING You are one of the parties in the above captioned action in divorce. By virtue of Section 202 of the Pennsylvania Divorce Code, it is a duty of the Court to advise both parties of the availability of counseling and upon request of either provide both parties a list of qualified professionals who provide such services. Accordingly, if you desire counseling, please advise in writing promptly by replying to: Prothonotary, CUmberland County Courthouse, Carlisle, Pennsylvania 17013. /~ l_~_'r.re-U/ f'. IJ~ Prothonotary /j?L (') \~ ..., c: -.: ;, :~ ~~ ..' -~ -r1rll .-, .., I I I ," .;; \.": : (~) , , , :! , , '. ,.41 .. .. ~ ~1 '.1' -< LAUREL A. DERKHEIMER, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Y. CIVIL ACTION - LAW STEVEN M. BERKHEIMER. Defendant NO. 97-1167 ACTION IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REOUEST ENTRY OF A DIVORCE DECREE UNDER SECTION 3301 eCl OF THE DIVORCE CODE 1. I consent to the entry of II f1nlll decree of dIvorce without notice. 2. I understllnd thllt I m6y lose rl!1lts concemlng alimony. division of property, lawyer's fees or expenses If I do not cl11lm them before II divorce Is grllnted. 3, I understllnd thllt I will not be divorced unttlll divorce decree 15 entered by the Court llnd thllt II copy of II decree will be sent to me lmmedl11tely lifter It Is fl1 ed wi th the Prothonotary, I verify thllt the statements mllde In this llffldllvlt lire true llnd correct understand thllt false stlltements herein lire made subject to the penllltles of 18 Pll. C,S.A. SectIon 4904 relating to unswom falslftclltlon to lluthor1tles. rB/Yi /16. Date: , ! , " I i ~ c) ,n ~) <;;; Cpt " '- .,.,~,' ;::,' -", t' " :',J lr: .- , I :~-:i l. ~(~ 1'" ..... -,I 0 ...\:~ :c: " , .- ,~ ,~,'jT n , :-.~ ~ 1" ~J ,p -< () .0 :".) r: (;;) .11 "i';L~ :""~ , -n .~ :rJ !"I.l!' ". .~ ':11 .. I. .: ~-:J " , ;'.") . .--" ,:U ". (,; ~5 . I -:~~ :..! :., ~, 0 -.; IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW : I-~lud A, &rK.hfJrNJ : : Plaintiff : 91-I/tll : File No. : vs. . IN DIVORCE . &vm m. frr K.hum~r : : Defendant : NOTICE TO RESUME PRIOR SURNAME Notice is hereby given that the Plaintiff/Defendant in the above matter, having been granted a Final Decree in Divorce on the 15 H1 day of-.A-pr;/ . 19 96 . , hereby elects to resume the prior surname of L [(IHP In, [/C,(I'lhllYf . and gives this written notice pursuant to the provisions of 54 P.S. S 704. DATE, /lIp-1Mb ~~ resumed COMMONWEALTH OF PENNSYLVANIA: SS. COUNTY OF CUMBERLAND On the ~ day Of~~ ' 19~' before me, a Notary Public, personally appeared the above affiant known to me to be the person whose name is subscribed to the within document and acknowledged that he/she executed the foregoing for the purpose therein contained. In Witness Whereof. I have my hand and official seal. NOTARIAL SEAL ~O'lOllA T NEFf NOTARY PUBliC C/.i, ;SlE 8('RO ClIImm....NO COUNTY ~" COMMIS510~ EXPIRES NOVEMBER IS, 1999 jlIo