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HomeMy WebLinkAbout97-02283 " u ~ l ~ ~ ~ It" ~ r ::J ~ - . r() Uo ~ ~ . r;-...) :j / i .. ,~ 1 ;}. -! ;-~ . .. *'~'~*'~~***'*~~*~'******)*:'*.*******~ ,', - "-~'~"""'-------'-~""-""-"'-''''''--''''''',-,,,-,,,, .--------...~-~.....~..........-._-....-.......----------, _...........-------------_.~...._~... !".. :..! . I ~ .....l ;'1 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY I'S' STATE OF ;~~~ PENNA. ~i "'1 ~'1 '.'( ~I "I ~l tj ~ ~ GLORIA JEAN THUMMA ~ PLAINTIFF 1\ (I. 9.7-::22.B.3uCivi.1....lIJX) ~ :::l ~ ~ \'1'1',";11'; CLARENCE W. THUMMA DEFENDANT ~ ~'! " ~ -0'( ~> : I ~; , DECREE IN DIVORCE ~ AND NOW, . .. . . .. .. . .~~':. . ..J..:r~, 19 .rJ..., it is ordered and decreed that . ~~(~RIA. .~E~~. .TI!UM~.A, . . . . . . . . . . . . . .. . . . . . . . . . " plaintiff, and .q~[\.~r;~<;:!>,"w" ~.I!l!l:I!1!1: . . . . . '" , . . . . . . '" . . . . . . . . . . . . . . . . . " defendant, are divorced from the bonds of matrimony, .. * ~ ~ ~ s ~ 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; * ~ * A copy of the enclosed Marriage Settlement Agreement, dated .................,.................. ,..... .,_..- ....... ..... .... .... ,..-... * August. B". .1997, , is ,hereby, incorporated .by. ,z:efer,ence.., . . . . . . . . ' , . . , * ~ ~ n y Th C"4;! ~."tu"Ul [' t'(.J",a'f, /!:tfa1/ld"~ J. I ./ /L -7'- ,;/ '1:<:4/,,:< K ~~t.Y, 7'/.1. / :7Prnlhol10lary * ~ ~ ~I &' !:ll .:~:' .~:. .:.:- .:.:. .:.. ~ *.~.~~.****~.*~..~*.~,.~.*~~..~~.~ ~ .. ~ ~ " ~ .. ~ $ ~ ~ '.' * s ~ .. ~ ~ ',' s .. ~ '.' ~ ~ $ .. ~ ~, ~ (~ L., (~ ~~ ." !~ ~ I~ I:~ i~ i ~ ~ ~~ ~ ~ ~: ~ .~ :~ 91- .;(d.J>J (10.'( k4J>/ MARRIAGE SETTLEMENT AGREEMENT THIS AGREEMENT, made this "ilL day of August, 1997, by and between G. JEAN THUMMA, hereinafter referred to as Wile, and CLARENCE W. THUMMA, hereinafter referred to as Husband, WITNESSETH: WHEREAS, the parties hereto are Husband nnd Wife, having been mnrried on April 13, 1962, in Hagerstown, Maryland; and WHEREAS, there are no minor children born of this marriage; and WHEREAS, diverse unhappy dilTerences, disputes, misunderstandings and difficulties have arisen between the parties as a result 01' which they are living separately and apart; and WHEREAS, the parties desire to confirm their separation and make arrangements in connection therewith, including the settling of their property rights and other rights and obligations growing out of their marriage; and WHEREAS, it is the desire of the parties to eftcct a complete and full settlement with respect to any and all claims, obligations, rights, duties and responsibilities of the parties with respect to the marriage, including but not limited to financial and property rights and obligations between each other, in accordance with the provisions of the Divorce Code. NOW, THEREFORE, considering the above conditions and circumstances, and in consideration of the covenants and promises hereinafter to be mutually kept and perfOntled by each party, as well as for other good and valuable consideration, and intending to be legally bound hereby, it is agreed as follows: I. It shall be lawful for each party at all times herealler to live separate and apart from the other party, at such place or places as he or she from time to time may choose or deem fit. 201'8 2. Each party shall be free from interference, nuthority and control, direct or indirect, by the other as fully as ifhe or she were single and unmarried. Neither shnll molest the other or compel or endeavor to compel the other to cohabitate or dwell with him or her. 3. Wife relinquishes her inchonte intestnte right in the estate of Husband, and Husbnnd relinquishes his inchoate intestate right in the estate of Wife, and each of the pnrties hereto, by these presents for himself or herself, his or her heirs, executors, administrators or assigns, does remise, release, quit-claim and forever discharge the other party hereto, his or her heirs, executors, administrators or assigns, or nny of them, of any and all claims, demands, damages, actions, causes of action, or suits nt law or in equity, of whatsoever kind or nature, for or because of a matter or thing done, omitted or suffered to be done by said party prior to and including the date hereof, except that this release shall in no way affect any cause of action in any absolute divorce which either party may have against the other, nor shall this release affect any cnuse of action which either party may have against the other of whatever nature, arising or which may arise, under this Agreement or for the breach of any provision thereof. 4. Nothing contained in this Agreement shall be deemed to prevent either of the parties from maintaining a suit for absolute divorce against each other in any jurisdiction based upon any of the grounds for divorce specified in Section 3301 of the Pennsylvania Divorce Code. In the event any such action is pursued or initiated, the parties shall be bound by all the terms of this Agreement. This Agreement may be submitted to the Court for approval pursuant to the Pennsylvania Divorce Code, with a request that it be incorporated into the Final Decree; and, in any event, this Agreement shall continue in full force and effect aller such time as a Final Decree in Divorce may be entered with respect to the parties, and continue to be enforceable in accordance with its terms. 5. The parties have attempted to distribute their marital property in a manner which conforms to the criteria set forth in Section 3502 of the Pennsylvania Divorce Code, and have taken into account all considerations set forth therein. The division of existing marital , 3 oft! property is not intended by thc parties to constitute inuny wuy a sale or exchunge of assets, und a division is being cOccted without the introduction of outside funds or property not constituting marital property. The division of property under this Agreement shall be in full satisfaction of all marital rights and any othcr rights of the parties, 6. The partics have divided bctween them to their mutual satisfaction the personal effects, household lurniture and furnishings, and all other articles of personal property which have heretofore bccn used by them in common, and neither wiIlmake any claim to any such items which arc now inthc possession or control of thc other, except as otherwise setlorth in this Agrccment. This Agrcement shall have the cOcct of an assignment or bill of sale Ii-om each to the .other for such propcrty as may be in the individual possession of each of the parties hereto, and should it become nccessary, the parties each agrec to sign any titles or documents necessary to givc cOcct to this parugraph upon request. 7. The parties hcreto arc owners as tcnants by the entirety of real estate situate at ] 60 Cranes Gap Road, Carlisle, Cumberland County, Pennsylvania, The parties agree that they shall scllthis real estatc and aner the deduction of all legitimate costs associatcd with the salc thereol; including rcal cstate commissions, if any, transfcr taxcs, anomey's fees, etc., and the payoO'ofthc mortgagc at PNC Bank, the net proceeds from said sale shall be divided equally betwccn thc parties hcreto. As ofthc date of the execution of this agrcementthe party referrcd to herein is occupied by the Husband, but the parties will continue to try to sell the home. It is agreed bet ween the parties hcreto that husband shall pay the monthly mortgage payment and all utilities and other expenses of the homc, 8. Thc 1989 Buick CcntUlY currently titled in Wifc's namc shall become the absolute property of Wife and Ilusband relinquishes any and all right, title and interest he may have in said vchicle and Husband filrlher agrecs to execule uny and all titles, sales and use tax lImns, and any other documents necessary to ellcct this trnnstcr 10 Wife. . 40f8 9. The 1991 Ford currently titled in Husband's /lame shall become the absolute property of Husband and Wife relinquishes any and all right, title and interest she may have in said vehicle and Wife further agrees to execute any and all titles, sales and use tax forms, and any other documents necessary to eficct this transfer to Husband. 10. The parties have divided between them to their mutual satisfaction all savings and checking accounts heretofore used by them during their marriage. 11. The parties have agreed that Wife shall retain 100% of her interest in the Thrift Savings Plan and Husband shall retain 100% of his pension benefit from Carlisle Tire & Wheel. 12. Except as otherwise specifically provided for herein, both parties specifically waive any and all rights they may have at present or hereafter may have for spousal support and further waive any and all rights they may have at present or hereafter may have for alimony, alimony pendente lite or separate maintenance and support as provided in Section 370 I and Section 3702 of the Divorce Code. 13. Each party shall be individually responsible for the payment of his or her own respective attorneys' fees and costs both for the negotiation and preparation of this Agreement and also for the divorce action previously tiled by Wife. 14. Except for any debt or obligation of either party to the other under this Agreement, each party hereby agrees to save and hold the other harmless from all personal debts and obligations incurred by him or her from the date hereof. 15. 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 party covenants and agrees that if any claim, action or proceeding is hereinafter instituted seeking to hold the other party liable for any other debts, obligations, liability, act or omission of such party, such party will, at his or her sole expense, defend the other against any such claim or demand, whether or not well-founded, and that he or she will indemnitY and hold hannless the other party in respect to all damages 501'8 resulting therefrom. Each party hereby releases the other from all claims, liabilities, debts, obligations, actions and causes of action of every kind that have been or will be incurred relating to or arising from the marriage between the parties. However, neither party is relieved or discharged from any obligation under this Agreement, or under any instrument or document executed pursuant to this Agreement. 16. Neither party shall contract any debt or liability for which the other party or his or her property or estate might be responsible, and shall indemnify and save the other harmless from any and all claims and demands made against him or her by reason of the debts or obligations incurred by the other party. 17. If either party breaches any provisions of this Agreement, the other party shall have the right, at his or her election, to sue for damages for such breach or seek such other remedies or relief as may be available to him or her, and the party breaching this contract shall be responsible for payment of reasonable legal fees and costs incurred by the other in enforcing his or her rights under this Agreement. 18. Each party is aware that he or she is and/or was entitled to be represented by counsel of his or her own choosing. HUSBAND has chosen not to retain counsel but to represent himself; his decision was made freely and voluntarily. WIFE acknowledges that she has received independent legal advice from counsel of her selection, and fully understands the facts and has been fully informed as to her legal rights and obligations. Each party acknowledges and accepts that this Agreement is, under the circumstances, fair and equitable, and that it is being entered into freely and voluntarily aller having received such advice and with such knowledge, and that the 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 agreements. 19. Each party shall, from time to time, at the request of the other, execute, acknowledge and deliver to the other party any and all further instruments which may be reasonably required to give full force and effect to the provisions of this Agreement. . 601'8 20. 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. Husband and Wife acknowledge and agree that the provisions of this Agreement with respect to the distribution and division of marital and separate property are fair, equitable and satisfactory to them based on the length of their marriage and other relevant factors which have been taken into consideration by the parties. Doth parties hereby accept the provisions of this Agreement with respect to the division of property in lieu of and in full and final settlement and satisfaction of all claims and demands that they may now have or hereafter may have against the other for equitable distribution of their property by any court of competent jurisdiction pursuant to Section 3502 of the Divorce code or any other laws. Husband and Wife each voluntarily and intelligently waive and relinquish any right to seek a court-ordered determination and distribution of marital property, but nothing herein contained shall constitute a waiver by either party of any rights to seek relief of any court for the purpose of enforcing the provisions of this Agreement. 21. A modification or waiver of any of the provisions of this Agreement shall be effective only ifmade in writing and executed with the same formality as this Agreement. The failure of either party to insist upon the 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. 22. This Agreement shall be construed under the laws of the Commonwealth of Pennsylvania. 23. Ifany term, condition or 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 all other respects this Agreement shall be valid and continue in full force, operation and ellcct. 24. This Agreement shall be binding and shall inure to the bene lit of the parties hereto and to their respective heirs, executors, administrators, successors and assigns. :>0- r-. (:: (~ l>~ j' ~." ~ .. :.)-r lLL, . 8 ~i:~.: (,J( . -.'~ c'- ,,". ~t gr.' r,,!:-.-l ( , cr. '-(-? [ . ,,}e.. i.:. :y . EtL' (::' ;;.!C.] -. , ;.:, ...... I... ", ..e. LL ..... ::; u 01 U - <.:;:) ~ ~ --. o. ~ 11~ ,"',.! " .'~ I"-~ , 11.1 ~". .' C': . ( )~. t 1l f'" <., l.:'-. ,I (J' ,- , I "J") ~ ~ n' " l':'~ I , u:.>: ;:. :~2 .,,'-r, in, I' r- - ) u 0' u .~:-.. "i . ;"f. .. . .,' '- , '>- e1\ 1;; rr :<f. 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