Loading...
HomeMy WebLinkAbout97-02312 ~ ~ ~ ~ / ( . ! . ! NOW, THEREFORE, with thc foregoing recitals bcing hereinafter incorporated by rcfcrcncc and deemed an csscntial part hercof in consideration of thc foregoing recitals. the mutual promises, covenants and undertakings hcrcin set forth, and for good and valuable considcration, receipt of which is hcrcby acknowlcdged by cach of thc parties hercto, HUSBAND and WIFE. each intcnding to bc Icgally bound hereby, covenant and agree as follows: I. ADVICE OF COUNSEL HUSBAND and WIFE declare that they have each had a full and fair opportunity to obtain independent legal advice of counsel of thcir sclcction. HUSBAND has been independently reprcscnted by Barbara Sumple-Sullivan. Esquirc. WIFE is cognizant of her right to legal representation and declares that she has been independcntly reprcsented by Michael D. Rentschler, Esquire. Both parties further acknowledge and agrce that each has fully discloscd their respectivc financial situations to the othcr, including their assets. liabilities and income. Each of the parties acknowledge and agrees that, after having receivcd such infonnation and with such knowlcdge. this Agrccmcnt is fair, reasonable and cquitable and that it is being entercd into freely. voluntarily and in good faith and that thc exccution of this Agrecment is not the result of any durcss. undue influence. cocrcion. collusion and/or impropcr or iIlcgal agrecment. 2. PERSONAL RIGHTS HUSBAND and WIFE may and shall, at all times hcreaftcr, Iivc separate and apart. Each shall be frce from all control. restraint, interfercnce or authority, direct or indirect, by the othcr in all rcspccts as is shc or he were unmarried. except as may be necessary to carry out the provisions of this Agreement. Each may reside at such place or places as she or he may selcct. Each may, for his or her separate use or bcncfit. conduct, carry on and engage in any business, occupation, profession or employment which to him or her may seem advisablc. This provision shall not bc taken. however, to bc an admission on the part of either HUSBAND and WIFE of the lawfulness of thc causes which led to, or rcsultcd in, thc continuation of their living apart. HUSBAND and WIFE shall not molcst, harass, or malign thc other or the respcctive families of each othcr, nor compel thc other to cohabit or dwell in any manner with him or her, nor in any way interfcre with thc peaceful existcncc, scparate from each othcr. 3. DEBTS Each party rcprcsents that they have not contracted any debt or liability for the other for which the cstatc of thc other party may be responsiblc or liable except as otherwisc provided hercin, and that except only for the rights arising out of this Agrcement, ncither party will hcreafter incur any liability whatsoevcr for which the other party or the estate of the other party will be liable. Each party agrees to indcmnify and hold hannlcss from and against all futurc obligations of evcry kind incurred by thcm, including those for necessities. Additionally, HUSBAND shall be solely Iiablc and rcsponsiblc for thc following marital 3 debts and will indcmnify IInd hold WIFE lmnnlcss from the snme. This spccific indcmnification shall includc but not bc limited to the following creditors: 1. Crcdit Trust Account No. 5407301003101640 2. Payco General Account No. 174528849 3. GMAC Account No. 0341140508205 4. Sears Account No. 5450226073866 HUSBAND agrees to indcmnify and hold WIFE hannlcss from cach of the aforementioned debts. HUSBAND further agrces to be responsible for all attorneys' fees incurrcd by WIFE in defcnse of any c1nim or suit brought against her arising from any debt incurrcd during the marriage. To the bcst of the parties' knowlcdge. the parties affinn no other joint debts exist. Additionally, WIFE shall be solely liable and responsible for the marital debts in her name alone and will indemnify and hold HUSBAND hannless from the same. WIFE agrees to indemnify and hold HUSBAND hannless from each of the debts which she is assuming. WIFE further agrees to be responsible for all attorneys' fces incurred by HUSBAND in defense of any claim or suit brought against her arising from any dcbt incurrcd during the marringe. To the best of the partics' knowledge. thc pnrties nffinn no othcr joint debts exist. 4. WAIVER OF APPRAISAL AND INVENTORY The pnrties ncknowledge nnd ngree thnt they hnve cnch hnd nn opportunity to vnlue or have nppraiscd any nnd nil mnritnl property. nnd thcy do hcrcby wnive n fonnnl npprnisnl nnd invcntory of snme. and no stntcment or rcpresentntion by cithcr pnrty ns to value shnll bc 4 deemed a misstatement or misrepresentation to the other or be deemed fraudulent. 5. MARITAL AND NON.MARITAL ASSETS HUSBAND and WIFE do hereby acknowledge that they have heretofore divided the non- marital assets and marital assets including but without limitation. business interests, jewelry, clothes, furniture. stocks, bonds. pensions and other assets wherever situated whether real, personal or mixed. tangible or intangible, and HUSBAND agrees that all assets in the possession of WIFE shall be the sole and separate property of WIFE; and. WIFE agrees that all assets in the possession of HUSBAND shall be the sole and separate property of HUSBAND. Each of the parties docs hereby specifically waive, release. renounce and forever abandon whatever claims. if any. he or she may have with respect to any of the above said items which are the sole and separate property of the other. The parties agree that if HUSBAND sells the German Wall Unit (7 feet x 11 feet). washer. dryer and refrigerator which was purchased during the marriage. HUSBAND shall contact WIFE first to see if she would like the identified item instead of selling the item. If any of these items are sold. WIFE shall receive fifty (50%) percent of the proceeds. This document shall constitute a bill of sale for said sole property. 6. MOTOR VEHICLES WIFE shall have sole title and ownership of the parties' 1989 Honda. The said Honda has since been sold and a 1995 S-IO pickup truck has been purchased by WIFE solely with the proceeds of the sale of the Honda. Wife shall have sole title and ownership of the S-10 pickup 5 truck. WIFE affinns that no debt is owcd on thc truck. Accordingly. Husband has no dcbt obligation nor any claim regarding said truck. 7. PENSION Each party hercby waivcs any and all claims that hc or she may have against thc othcr to any pcnsion. cmployee saving or other stock benefit program of the other, if applicablc. 8. BANK ACCOUNTS. INVESTMENTS & INSURANCE Each party shall have solc possession of the bank accounts and life insurance in their own namcs. 9, VSI As a rcsult of HUSBAND's military scrvice. he is cntitled to receive a benefit entitled VSI. This bcnefit is paid oncc a year until HUSBAND rcaches the age of sixty-five (65) on Scptembcr 9, 2023. Thc partics agree that commencing in August 1999, WIFE shall reccive fifty (50%) per ccnt of the net amount of HUSBAND's VSI benefit after it is reduced by applicablc taxcs (fcderal, statc and local). These paymcnts to WIFE shalltcnninate whcn this bencfit to HUSBAND tenninates. HUSBAND shall pay WIFE hcr portion within thirty (30) days of reccipt of thc VSI check. HUSBAND shall also forward a copy of his VSI check. If HUSBAND should prcdcceasc the tennination of the VSI benefit, WIFE shall bc cntitlcd to 1/2 of VSI bcnefits rcceivcd aftcr his death and the remaining 1/2 shall bc paid to thc partics' children. 6 13, CUSTODY AND VISITATION HUSBAND and WIFE shall havc joint legal custody of the parties' minor childrcn. Primary physical custody of the childrcn shall bc in HUSBAND. WIFE shall have f1cxible rights of physical custody, as the partics can agrce. It is the intcntion of thc parties that after January I. 1998, WIFE shall have partial physical custody cvery other weekend. These exact wcckcnds arc subjcct to modification by agrccment of both parties. 14. ALIMONY, SUPPORT AND MAINTENANCE Both parties acknowlcdge and agrce that the provisions of this Agrcement providing for equitable distribution of marital propcrty are fair, adequate and satisfactory to thcm and arc accepted by them in licu of and in full and final satisfaction of any claims or demands that cither may now or hcreaftcr havc against the olhcr for support. maintenance or alimony. HUSBAND and WIFE further, voluntarily and intelligently, waive and relinquish any right to seek from thc other any payment for spousal support, alimony and maintenancc. The parties agrce that if HUSBAND seeks child support paymcnts from the WIFE for support of the childrcn. WIFE may seck spousal support. alimony and maintenancc from HUSBAND. 15. SUBSEOUENT DIVORCE A decrcc in divorce, cntercd by a court of competcnt jurisdiction to cithcr party. shall not suspend. superscde or affcct the tcnns of this Agrcemcnt. Both parties agrcc 10 enter a Conscnt Decrcc concerning the provisions of this Agreemcnt in the Court of Common PIcas of Cumbcrland County. Pennsylvania. or any othcr Court of competent jurisdiction, as a part of a resolution of any divorcc action filed. This Agreemcnt. and the tenns and conditions 8 containcd hcrein, as wcll as the enforccmcnt (If said terms and conditions. shall not be contingent upon thc granting of a Divorce Dccrce to cithcr party by the Court of Common Picas of Cumbcrland County, Pennsylvania. or any othcr Court of compctcnt jurisdiction. Furthermore. both partics hcrcto agree to timcly exccute the appropriate affidavits and conscnts to secure a No-Fault Divorce as may be rcquircd by the Divorce Code of 1980, as amcndcd. BOlh parties hcreto agree that this Agrecment may be incorporatcd into a separate Court Ordcr but shall not mergc in such order in the Court of Common Picas of Cumberland County, Pcnnsylvania. 16. OTHER DOCUMENTATION HUSBAND and WIFE COVenant and agrce that upon rcquest of thc other party, thcy will forthwith execute and deli vcr to the other party, any and all wrillen instruments, assignments, releases, satisfactions, deeds. notes or such other writings as may be ncccssary or desirable for the propcr effectuation of this Agreement. 17. MUTUAL WAIVER AND RELEASE OF RIGHTS AND CLAIMS IN ESTATE Each party hercby releascs. waives and rclinquishes any and all rights which hc or shc may now have, or may hcrcafter have, against thc othcr party under the present or future laws of any jurisdiction (a) to share in the estatc of the other party upon the othcr party's death and (b) to act as executor/rix or administratorlrix of the other party's cstate. 18. MUTUAL RELEASE HUSBAND and WIFE each do hcrcby mutually rcmisc. relcasc, quitclaim and forevcr 9 discharge the other and the estate of such other, for all time to come, and for all purposes whatsoever. of and from any and all righls, title and interests, or claims in or against the propcrty (including in~ome and gain from property hcreafter accruing) of the other or against the estatc of such other, of whatever nature and whercsoever situate. which she or he now has or at any timc hcreaftcr may have against such other. the estate of such other or any part thcreof. whcthcr arising out of any former acts. contracts. cngagcments or liabilities of such othcr or by way of cquitable distribution. dower or courtcsy. or claims in the nature of dower or courtcsy of widow's or widower's rights. family exemption or similar allowance, or undcr the intcstate laws, or the right to take against the spouse's will. or the right to treat a lifetime convcyancc by thc othcr as tcstamentary, or all olher rights of a surviving spouse to participatc in a dcccascd spousc's cst ate. whcthcr arising under thc laws of (a) Pennsylvania, (b) any Statc, commonwcalth or tcrritory of the Unitcd States, or (c) any other country. or and rights which HUSBAND or WIFE may havc or at any timc hereafter have for the past. prcscnt or future support or maintenancc. alimony. alimony pcndente lite, counsel fees. costs or cxpenscs. whcthcr arising as a result of the marital relation or otherwise. except, and only exccpt. all rights and Agreements and obligations of whatsoever nature arising or which may arise under this Agrecment or for the brcach of any thcrcor. Each of the parties hereto further covenants and agrees for himself and hcrself and his or hcr hcirs, executors. administrators and assigns, that he or she will never, at any time hcreafter, sue thc other party or is or her heirs. executors. administrators and assigns, for thc purpose of enforcing any of the rights relinquishcd under this paragraph. Each of thc partics 10 further cOvenanls and agrees Ihal he or she will permit any will of Ihe other 10 be probaled and allow adminislration upon his or her personal, real or mixed eSlale and allow effecls to be laken out by Ihe person or persons who would have been entil/ed 10 do so had HUSBAND or WIFE died during Ihe Iifelime of Ihe other. Each of the parties hereby releases, relinquishes and waives any and all right 10 act as executor or executrix or adminislrator or administratrix of the other's estate. It is the intention of HUSBAND and WIFE 10 give to each other by the execution of Ihis Marital Settlement Agreement a full, complete and general release with respect to any and all property of any kind or nature, real. personal or 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 thereor. 19. SUCCESSOR'S RIGHTS AND LIABILITIES This Agreement shall, except as olherwise provided herein, be binding upon and inure to the benefit of the parties hereto. Iheir respective heirs, executors, adminislrators, successors or assigns. 20, SEVERABILITY If any provision in Ihis Agreemenl is held by a courl of compelent jurisdiction to be invalid, void, or unenforceable. Ihe remaining provisions shall nevertheless conlinue in full force II and cffcct without being impaircd or invalidalcd in any way. 21. ENTIRE AGREEMENT HUSBAND and WIFE do hereby covenant and warrant that this Agrccment contains all of thc rcprcsentations. promiscs and Agreements madc by cither of them to the other for thc purposes sct forth in the preamble hercinabove; Ihat there are no claims, promises or rcprcsentations not herein conlained, cither oral or written, which shall or may bc charged or enforccd or enforceable unless reduced to writing and signed by both of the partics hcreto. 22. BINDING EFFECT OF AGREEMENT/W AIVER This Agreemcnt shall rcmain in full force and effect unless and untiltcnninated under and pursuant to the tenns of this Agrcement. The failurc of cither party to insist upon strict pcrfonnance of the provisions of this Agrcement shall not be construed as a waiver of any subsequent dcfault of the same or similar naturc, nor shall such failure be construed as a waiver of any other tcnn, condition. clause or provision of this Agreement. 23. BREACH If either party breachcs any provision of this Agrcement. the other party shall have thc right. at his or hcr election. to sue for damages for such breach or scck such other remedies or relicf as may be available to him or her. and the party brcaching this contract shall be 12 ~ '" 01 ~ ci z .- ~ 0 .- ~ '>- ~7' , :J ~ fy; C'\ rOo: .J Z I ~~ :J ti ~ l'l'-' r;; , Ul '" (.) .." , ...1._ on hi = ;J -""., '" Iii >- I'" .': u 1II '" ''';;'' ;;: .J z {,J; "..... n. '" ~ " Z C:! . t,':) 0 :lE a 1IJ L'll (\: -,' ~ :J ;;: .. ... Ul lD ci r-' CCi 1..,<. ..::!/ 0( " Z I .. l,. ", 0: " :l II. L> U~ ", 0( a: V' () lD 1IJ 0: m 0( ::E lD :J U ~ Z , . ~ ... Gl ~ 0 z S ~ r- ~ :i ~ -I Z '>- _1' 'h ::l ti <( 0: N r.. Ul '" ~ ~!: ~ W 0: ", '" In ~ lu ~.~ r.~J - u -I C l~: . J ii: II. '" Z ,- "I .. g Z ....~ . " ,- 0 " W '.or ',- iii ~)( ~ ::l 0. to Ul .. ci (-. ~ . ii",: C..; 0( .. Z ~ rr:~, . ( , 0: II 5 :"1 "" lti '-J'L <I: 0: I" LI_ " m w u. p~ 'j 0: m U en () 0( ::!: m :l U ~ Z ::-. ..:J' n- r!~ <,-: lJ,IC' f.~'~ "~ C)" C- ( ... .,,'J ,.. ., I.' ~ " - U' ~,' ~ , ' " (i pC ...-,1 >~ 'IJ'- I 'J) _.j n.: ~ - .~; F. .,.-: J .- [1.- " U r- ~'" l G; ~ ~b Q '-- :::::l '""iI ~ ~ . r- ~ ~~)~ \,.., I::r - - \!- ~C<:::. \ Q .. - - ~ " -J >.< ,..... <\"'"l ,- M Gl - ~ ~ > C :i 0( -' - :J"Z Ul"o( ::J ' ~ :i u 1lI ti >- j;; -' Ul II. ,n.. III Z o ~ g ffi . ~ :J it 0. oJ Ul" . <",0 o::Z < :5 m 0: It III < ~ m :l U ~ Z . ~ c:, '- r~~ tr. ., 1- ~ :.:'i.~ We? , )..;., u..~ ~:-J2 ~k.: c;; _~i ::j "'- C N ~,"':0 wff .J;-= '!7 ;;;. If!~... >- "'IU r::: U~U.. ;::; :c -'. l1.. I"- a 0 a> >- ...:!O '- r- c" f.:: , j::-- .. - .,,-:-. f:"; " ", ( .' li: , " .' -' , ...,) ~ - -- '_0 r.' C'. c;;;, /.' ~, _J c:.::: j/ll l...: Lu -j ~ .. I, LL ::3 ", r. CJ l ~J "I C) . ,- - ;>- ('~ c:...; ,- I' ~' ". UI . () ,',. i.:': c: , , , : '. , , l. . '. , , " ",1 I.'.; C~ - . " " _. c:.. " , L',; , -~ U. I r::; .:~I ,-, .., {); () ~ :>- -.:t '- L~ <-, I~: ,. i::: C~ ~~ : I U.l~.:.: , ~- , U I .}:.7 G: ~ ~-: I'.. ;.. ! ~ Y c , .::> - 1:) C ; C'~ ,: ~:;; L' , ::;!t:. C:, '-,,,- ;qlj w..- '-'-' :..;~1 :i. ~~. u.. IJ_ 0': :5 () 0' 0 ..... - !?: b:; - ('.1 ., j:;: :':)< Wr? c::> C.). L~;~: :f: ....-' ~' ;" ft;, -.~ .-, --::-~ Y' - r' '':1 . r-o.' i ; ~, C..~ u..l.~ . :":--:: __t. . c:: t"J U:z, LU " ,~ ~. lJ- '- u. cc :3 <..: 0' u