Loading...
HomeMy WebLinkAbout97-01281 , , '" \I < -) ~ c.4 I " ~ I -) I , i \ ~ \ i , / , - . ~ .~ - ~ '-. ~/ ~ <)00 ~ ~ . .. . . . *.~*****~**~****.~,~*~..~.)*'~*'~***~*~ .........----..._-------,-_....-.....-----.........---.--------_.-.....~._~--,-..-- ,~~.,.~-,-_.' -_..,..,---~-------~----------------............_.- . '~ ,', ,;, ;:\ ~ ~ ,;, " w '.' 8 w '.' ~ ., ~ 8 w '.' ~ r-' ~ !="' W <;', ,~ ~ ~I '.' w ~.' 8 ~ ,', ~ s ~ w '.' ,~ ~ ,;, " ,', ~ ~ ~ '=', ~ ~ w '.' " w '.' ~ ~ '.' Wl .. .. ~ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY ~ STATE OF ~ PENNA, ROBERT M, JONES i\: (), "12BL,, "",.." ll) 97 V.. ,".'"1I:-i GERALDINE A. JONES DECREE IN DIVORCE AND NOW. .". A"'<j",.~l...\ i...,.", 19,97..., it is ordered and decreed that ",..,. ~<?J.3~~, 1:1:. ~<?~~~, , , . , . . , , , , . . , , . . . . . . , . . . . " plaintiff, and..... .. .. , ,. . .. . .G.~~~~I.~~ ,~'. .J~m.~. , .. , , , , , , , , ".. ." . ", defendant. are divorced from the bonds of matrimony. The court retains jurisdiction of the following claims which have been raised of record in this action for which a final order has not yet been entered; The Muritdl Settlement Agreement, dated Juli 15, 1997, attached hereto, ....................................... ... ............ ...... ...... ......... , ,i,~ , .i.r!c:qr:~r:~~~d. ,~1.!t ,!'!C?t ,~rg~d~ ,;r:'t<;>, the I~c~~~, i(l, Divo~ce, , . , , , , , , , . , , I~ ('.' n, Tho c~ /J OJ! ~ :i ^,,,,,, d~~ ,."~~Jd6,~,,..i:.7 : "/C..dC;!<.' /' ,);e,&,. ~4 ' '-7 ';r.:-J(llOnolary ~ ~ ~ ,------ .. .- - ..,..' ,,,,,., ' , ,.-:. .. .>>:. .>>:. .:.;. .~;. ..;. .:.:. .:.:. .:.:. .:.:. -:.:. .:.;. .:.:. .:.;. .:.:. .:+:. .:.:. ':4> -:.:. ~ ~ -:.:. .:.;. .:..:. .:~;. .:+;. .:.:- .:.:. -:.:- .:.:- .:.:. w ... ~ ~ '.' ~ '.' ~ ~ '.' ~ '.' ~ ',' ~ ',' ~ * ~ <;', *- '.' ~ '.' ~ i, ~ v '.' ~ /~ I'. i~ l~ ~ ~ ~ ~ ~ L:, 'f. I' I~ /,., ~~ !,'. ,.~ ~ . I. Divorce and Separation. 'I1le pal1ies agree to the entry of a decree in divorce pursuant to Section 3301(c) of the Divorce Code of 1980. 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 or endeavor to compel the other to cohabit or dwell with him or her by any legal or other proceedings. TIle foregoing provision shall not be taken to be an admission on the part of either Husband or Wife of the lawfulness or unlawfi.lness of the causes leading to their living part. 2. Division of Property. Husband and Wife agree that the following constitutes a fair and equitable distribution of the marital property. A. TIle following property shall become the sole and exclusive property of the Husband: All personal property acquired prior to the marriage to include one green reclining lounge chair, cherry bedroom furniture, Maytag washer and dryer, 1986 Honda navy blue (2) door CRX model HI', three (3) white bookcases and storage units attached, a Sony 20" color stereo television, Toro CCRIOOO Snowblower, Hitachi VCR, IBM I)S/I Computer, Hewlett Packard Laser Jet 4L, EMG 14" color monitor, Brother fax machine, Sharp Microwave and a Maytag rcfrigerator located at 887 Old Silver Spring Road, Mechanicsburg, Pennsylvania. (Husband agrees to sccept $350 in lieu of receipt of the refrigerator,) All money remaining after the payment of $23,000 to Geraldine A. Jones from the proceeds of the sale of the real estate located lit 2409 Deervicw Drive, Mechanicsburg, Pennsylvania upon satisf.,ction of the mortgage and payment of all reasonable settlement expenses, including transfer tax. Il TIle following property shall become the sole and exclusive property of the Wife: The All personal property acquired prior to the marriage tll illclude a blue loveseat, master bedroom filrniture, white daybed and furniture, living room furniture, oak table and chairs located in the breakfast nook, double door refrigerator, ash dining room table and chairs, 1995 Honda grey blue (2) door Civic EX with three years remaining to be paid on the car loan in the wife's name alone, Wife has other substantial premarital property which she shall retain, including, but not limited to, dishes, crystal, antiques, jewelry and silverware. first $23.000.00 of the money remaining lifter the sale of the real estate located at 2409 Deerview Drive, Mechanicsburg, Pennsylvania upon the satisfaction of the mortgage and payment of all reasonable settlement expenses, including transfer tax. Real estate located at 887 Old Silver Spring Road, Mechaniesburg, Pennsylvania. TIle 1996 tax refund shall be divided between the parties as follows: TIle husband shall receive $425.00 of the tax refund. .. TIle wife shall receive $3,709.00 of the tnx refill1d. The parties agree to liquidate their joint account. Husband shall receive $425.00. Wife shall receive the remainder as payment in full on this oQligation 111e parties agree to execute any deeds, assignments, titles or otrler instruments necessary and appropriate to accomplish aforesaid division of property. Notwithstanding any other provisions in this document all property transferred hereunder is subject to the existing lien or Iicns set for above. TIle respective transferee of such property agrees to indemnify and save hamlless the other party from any claims or liability that such other party may suffer or may be required to pay on account of such lien or encumbrance. l11e parties represent and warrant to each other that the property described in this Agreement represents all of the property in which they have any right, title and interest, and that such property is subject to no mortgage, pledge, lien, security interest, encumbrance or charge except those which are disclosed herein. 3. By this Agreement, the parties have intended to effect an equitable division of their jointly owned property. TIle parties have detennined that an equitable division of such property rights of each party. TIle 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 ,vithout the introduction of outside funds or other property not constituting a part of the marital estate. It is the intention of the parties to treat all transfers herein as non-taxable. 4. Exccpt as cxpressly provided herein Husband forever relinquishes any right and interest he may now or hereafter have in any assets now belonging to Wife, and Wife forever relinquishes any right or interest she may now or hereafter have in any assets now belonging to Husband. Each of the parties shall hereafter own and enjoy independently of any claim or right of the other, all items of property, be they renl, personal or mixed, tangible or intangible. which are hereafter acquired by him or her, 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. 5. Debts. Husband and Wife agree to be responsible for the joint debts of the parties as of March 12, 1997, any debts incurred thereafter by the Wife are her debts and any debts of the Husbands are his debts. The parties affirm that no such joint debt existed. ^- l11e husband and wife will each pay 50% of the mortgage, property insurance, and maintenance of the property until it is sold. . B. All debts, contracts, obligations or liabilities incurred at any time in the past or futur.: by either party will be paid promptly by said party, unless and except as othelWise specifically set forth in this Agreement; and each of the parties hereto further promises, covenants and agrees that each will now and at all times hereafter save hannless and keep the other or his or her estate indemnified and save hannless from all debts or liabilities incurred by him or her, as the case may be, and from all actious, claims and demands whatsoever with respect thereto, and from all costs, legal or othelWise, and counsel fees whatsoever pertaining to such actions, claims and demands. Neither party shall, as of the date of this Agreement, contract nor incur any debt or liability for which the other or his or her property may be responsible, and shall indemnify and save hannless the other from any and all claims or demands made against him or her by reason of debts or obligations incurred by him or her aud from all expenses, legal costs, and counsel fees unless provided to the contrary herein. 6. Alimony. Neither the Husband nor the Wife shall pay alimony, alimony pendente lite or spousal support to the other party. Elich party hereby waives the right to same. The parties agree that the alimony provision takes into account the parties' overall economic circumstances including the equitable distribution of property herein and so shall not be subject to modification by any court. 7. Pensions and Retirement. Husband and Wife hereby waive any and all right, title and interest to all existing and future pension and or retirement assets or benefits of Husband or Wife. TIle parties agree that the "Pension" prOVISIon takes into account the parties' overall economic circumstances including the equitable distribution of property herein and so shall not be subject to modification by any court. 8. Full Disclosure. TIle respective parties do hereby warrant, represent and declare and do acknowledge and agree that each is and has been lhlly and completely infonned of and is familiar with and cogniz.1nt of the wealth, real and/or personal property, estate and assets, earnings and income of the other and that each has made a full and complete disclosure to the other of his or her entire assets and liabilities and any further enumeration or statement heterofin the Agreement is specifically waived. 9. Releases. Each party does hereby remise, release, quitclaim and forever discharge the other and the estate of the other from any and every claim that each other may now have, or hereafter have or can have at any time, against the other, or in and to or against the other's estate, or any part thereof, whether arising out of any former contracts, engagements or liabilities of the other, or by way of dower or claim in the nature of dower, widow's rights, or under the intestate laws, or the right to take against each other's will, or for support or maintenance, or of any other nature whatsoever, except any rights accruing under this Agreement. 10. Indemnification. Each party represents and warrants to the other that he or she has not incurred any debt, obligation, or other liability, other than described in this Agreement, on which the other party is or may be liable. Each pnrty covenants and agrees that if any claim, action or proceeding is hereinaller initiated seeking to hold the othcr party liable for any other debts, obligations, liability, aet or omission of such party, such party will at his or her sole expense, defend the other against any such claim or demand, whcther or not well-founded, and that he or she will indemnify and hold hamlless the other party in respect of all damages as resulting therefrom. Damages as used herein shall include any claim, action, demlmd, loss, cost, expcnse, penalty, and other damage, including without limitation, counscl fees and other costs and expenses reasonably incurred in investigating or attempting to avoid same or in opposing the imposition thereof or enforcing this indemnity, resulting to Ilnsband or Wife from any inacccnrRte representation made by or on behalf of either Husband or Wife to the othcr in this Agreement, any breach of any of the warranties made by Husband or Wife in this Agreement, or breach or der.1ult in perfomlance by Husband or Wife of any of the obligations to be perfomled by such party hereunder. TIle Husband or Wife agrees to give the other prompt written notice of any litigation threatened or instituted against either party which might constitute the basis for a claim for indemnity pursuant to the tenns of this Agreement. II. General Provisions. TIlis Agreement constitutcs the entire understanding of the parties and supersedes any and all prior agreemcnts and negotiations between them. TIlere arc no represcntations or warranties other than thosc expressly sct forth herein. 12. Fair and Equitable Contents. TIle provisions of this Agreemcnt and their legal effect have been fillly explained to the parties by their respective counsel. Each party acknowledges that he or she has received indepcndent legal advice from counsel of his or her selection and that each fully understands the facts and has been fully infonned as to his or her legal rights and obligations. Each party aeknowledges and accepts that this Agrcement is, under the circumstances, r.,ir and elJuitablc, and that it is bcing entcred into freely and voluntarily aileI' h:lviug received such advice and with such knowledge, nnd that execution of this Agreemcnt 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. 13. Breach. It is expressly stipulated that if eithcr party r.1ils in the due perfonllanee of any of his or hcr material obligations under this Agrecmcnt, the other party shall have the right, at his or hcr election, to sue for damages for breach thereof, to sue for specific perfomlance, to rescind this Agreement, or to seck any other legal remedies as may be available, and the defaulting party shall pay the resonable legal fees for any sClVices rcndered by the non-der.1ulting party's attomey in any action or proceeding to compel perfonnance hereunder. '>. "I '- r-: r " , I' C" 111- ' ( .' " it. '0. ".- <.;, (-. ( I I, L; r. I ...... I:. ('- ,) U t.::' U ... \~J , - ~,; . t -, ,..; 1.1.IP ~~; ,~, '- 1'_ C). , ( r.. e.' r I 1;.;,-- ;"._<, ( " '" U-:: j:- . : ,. f- U v~ U ROBERT M. JONES Plaintiff v. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. '1'1.1.:/ j/ &~ I.LU'- CIVIL ACTION - LAW IN DIVORCE GERALDINE A. JONES Defendant COMPLAINT AND NOW, comes Plaintiff, Robert M. Jones, by and through his attorney, James W. Abraham, Esquire, Abraham Law Offices, Harrisburg, Pennsylvania, and files the following: COUNT I DIVORCE PURSUANT TO SECTION 3301 (c) OF THE DIVORCE CODE 1. Plaintiff, Robert M. Jones, is an adult individual whose residence is located at 2409 Deerview Drive, Mechanicsburg, Pennsylvania, 17055. 2. Defendant, Geraldine A. Jones, is an adult individual whose residence is located at 2409 Deerview Drive, Mechanicsburg, Cumberland County, Pennsylvania, 17055. 3. Plaintiff and Defendant have been bona fide residents of the Commonwealth of Pennsylvania for at least six months immediately prior to the filin9 of this Complaint. 4. Plaintiff and Defendant were married on April 18,1995 in Mechantcsburg, Pennsylvania. 5. There have been no prior actions of divorce or for annulment between the parties hereto. 6. The marriage ;s irretrievaoly broken. VERIFICATION I, ~l=ytr Vv1 JClt10 the undersigned, hereby verify and confirm that I have reviewed the foregoing document and the statements therein are true and correct to the best of my knowledge, information and belief. I further understand that any fa1ae statements made herein are subject to the penalties of 18 Pa. C.S.A. section 4904, relating to unsworn falsifications to authorities. DATE: >~ 7~ 7'? .., ^ , Kr {'(VI 7~. .},'U'.;1 / L' " (-.;. f- , L " f.. )J . . f: , , lL I , i, I, o :-- ~~;: -- ". c<: " .. . {- CT' ~;; ,':; '.. C'" ,{ " . .'j ,~ ,.: ;:;l ~ ..." in \ - ('-") 'J ~ '-......... ......... ~ "() .P ....s "l-.. -.( ""- '" ~ , .~~ N cl,~~ - ..... "I ;- ~ ," .:.: - .., LJ J.: ~ ()~- et:':-..' .....:; : " II~- 0'" '. , ' f"". 0' I ~" =-t' !~' ';.., u..... . ..' ~ u... f:. ""'- II, r- ~_J 0 G1 U >- <". ~ LY.: r. ~~ . !Ur~: ( "). .-.;.( 'J~ .. k'_~ " 0', , ' -. C) f. l~ru " ~_: r ~ C" : :i~;-I (;: . .' j-. , . ~'. .;.~ tL r- ~) CJ C' U ", " .'!o.. r"", ~r; >- ,::-: - (.; 1"r:) ~,;. -- , ,,' (). - f;~ ~ "- j J. ~ ..": C)~: , , t.:j, ;-.. I...I.J_ , ';.' f.:/ !:'.. ";;,.:- " -- U "'I .~ I, t-.. .:~ ) ej 0' l.J '- . ....~ C'.I ~ ,~f- - ':'4- \' ( ,.' '_I: \'.' 'i' ...\ ,-. ,,-, \ -1\1 co' t1' " ..' "'" ::' p. .. U C' '.) -.