Loading...
HomeMy WebLinkAbout97-02331 L " .., Ii) ~ q ~ , " liJ '1 ::r \0 i , I ! I I I I ..... . "1 I tV) , :1 ~' "" , ~I \ "\ ) / .. . PROPERTY SETILEMENT AGREEMENT THIS AGREEMENT, dated lhe 31.-J day of 4,1,Lt. t . 1997, by and . belween ALBERT E. SLUSSER, residing al 83 Channel Drive, Carlisle, Cumberland Counly, Pennsylvania, 17013, Social Security Number 585-30-8215, hereinafter called the "Husband", and JOANNE L. SLUSSER, formerly Laviska, residing at 83 Channel Drive, Carlisle, Cumberland County, Pennsylvania, 17013, Social Security Number 270- 42-6181, hereinafter called lhe "Wife", who agree as follows: WITNESSETH: WHEREAS, lhe parties are Husband and Wife, having been married on June 8, 1970 in Jacksonville, North Carolina, The parties separaled and have lived separale and apart since January I, 1995. WHEREAS, there have been issue oflhe marriage, 10 wit: Albert Michael and Healher Jane, both now adulls, WHEREAS, diverse unhappy, and irreconcilable differences, disputes, and difficullies have arisen between the parties, and it is the intention of Wife and Husband to live separate and apart for lhe rest of their natural lives, and lhe parties herelo are desirous of settling fully and finally their respective financial and property rights and obligations as belween each other including, withoutlimitalion by specificalion: the sellling of all mallers bel ween lhem relaling to the ownership and equilable dislribution of real and personal property; the settling of all mallers between them relaling to the past, present and fulure support, alimony andlor mainlenance of Wife by Husband or of Husband by Wife; and in general, lhe settling of any and all claims and possible claims by one againsllhe olher or againstlheir respective estates, NOW THEREFORE, in consideration oflhe promises and of the mutual promises, covenanls and undertakings hereinafter sel forth and for other good and valuable .. to. consideration, receipl of which is hereby acknowledged by each of lhe parties hereto, Wife and Husband, each inlending 10 be legally bound hereby, covenanl and agree as follows: I. AGREEMENT NOT A BAR TO DIVORCE PROCEEDINGS This Agreemenl shall nol be considered 10 alTect or bar lhe right of Wife or Husband 10 a Iimiled or absolule divorce on lawful grounds if such grounds now exist or shall hereafter exist or 10 such defense as may be available 10 either party. This Agreement is not inlended to condone and shall nol be deemed 10 be a condonation on the part of either party hereto of any acl or acls on lhe part of lhe other party which have occasioned lhe disputes or unhappy dilTerences which have occurred prior to or which may occur subsequent to the date hereof.. The parties intend 10 secure a mulual consent, no-fault divorce pursuant to the lenns ofSeclion 3301(c) or 3301(d) oflhe Divorce Code of 1980 as amended by Acl No, 1990,206, elTeclive 3-19-91. 2. EFFECT OF DECREE, NO MERGER II is specifically understood and agreed thallhe provisions of lhis Agreement relaling to lhe equilable dislribution of property of the parties are accepted by each party as a final seulement for all purposes whalsoever, Should either of the parties obtain a decree, judgment, or order of separalion or divorce in any other stale, country, or jurisdiclion, each of the parties to lhis Agreemenl hereby consents and agrees thaI lhis Agreemenl and all ofils covenants shall nol be alTected in any way by any such separalion or divorce; and lhal nOlhing in any such decree, judgment, order, or further modification or revision lhereofshall alter, amend or vary any tenn of this Agreemenl, whether or nol either or bOlh of lhe parties should remarry excepl where such is specifically enumeraled herein, il being understood by and between lhe parties thaI this Agreemenl shall survive and shall nol be merged into any decree, judgment, or order of divorce or separation, 11 is specifically agreed, however, thaI a copy of this Agreement may be incorporaled, by reference, into divorce judgment or decree. This incorporation, however, shall nol be regarded as a merger, il being lhe intent oflhe parties 10 permit this . . Agreemenllo survive any such judgmenl, unless olherwise specifically provided herein, and for lhis Agreement to continue in full force and effect after such lime as a final decree in divorce may be enlered with respect to lhe parties. The parties agree lhatlhe tenns of lhis Agreemenl may be incorporaled into any divorce decree which may be entered with respect 10 them for purposes of enforcemenl only of any provisions lherein, but shall survive such decree, 3. DISTRIBUTION DATE The transfer of property, funds and/or documenls provided for herein shall take place simultaneously with the execulion of lhis Agreement or as soon as practical thereafter. 4. ADVICE OF COUNSEL The provisions of lhis Agreement and lheir legal effect have been fully explained to lhe parties by their respeclive counsel, Joseph D. Buckley, Esquire, for Albert E. Slusser. The parties acknowledge thallhey have each had time 10 review lhis agreement and have had lhe opportunily to obtain legal advice from counsel of their selection and that they fully understand the facls and have been fully infonned as to their legal righls and obligalions, or have decided nolto oblain legal advise in which case lhey waive such righI, and lhey acknowledge and acceptlhal this Agreemenl is, in the circumstances, fair and equitable and thaI il is being entered into freely and voluntarily, after having the opportunily to receive such legal advise or waiving lhe same and wilh such knowledge and thaI execution of this Agreement is not lhe resull of any duress or undue influence and lhat it is nol the result of any collusion or improper or illegal agreemenl or agreements. 5. FINANCIAL DISCLOSURE The parties confinn that each has relied on the subslantial accuracy of lhe financial disclosure of the other as an inducemenl to the execution of this Agreemenl, and thaI Wife and Husband do not wish to exercise lheir right to have appraisals by experts as to the value of lhe various interests oflhe other, The parties understand lhat such appraisals ~ would be necessary to fix lhe fair markel value of these inleresls for purposes of equitable distribution.. 6. PERSONAL RIGHTS Wife and Husband may and shall, al all limes hereafter, live separale and apart. They shall be free from any conlrol, reslrainl, inlerference or authorilY, direct or indirect, by the other in all respects as fully as if they were unmarried. They may reside at such place or places as they may select. Each may, for his or her separale use or benefil, conduct, carry on and engage in any business, occupation, profession or employmenl which 10 him or her may seem advisable, However, each party shall make besl efforts 10 maintain employment wilh comparable benefils and salary as they now hold or for which lhey are in lraining, 7. NO MOLESTATION Husband and Wife shall not molest or interfere with each olher, nor shall eilher oflhem allempl to compel the olher 10 cohabit or dwell with her or him, by any means whalsoever. Neither party shall harass or be verbally or physically abusive to the other. 8. MUTUAL RELEASES Husband and Wife each do hereby mutually remise, release, quitclaim and forever discharge the olher and lhe estate of such other, for all time to come, and for all purposes whalsoever, of and from any and all righls, litle and interesl, or claims in or against lhe property (including income and gain from property hereafter accruing) of the other or againsllhe estale of such other, of whatever nature and wheresoever situale, which he or she now has or al any time hereafter may have againsl such olher, the estale of such other or any part thereof, whelher arising out of any former acts, contracts, engagements or Iiabililies of such other or by way of dower or curtesy, or claims in the nature of dower or curtesy or widow's or widower's righls, family exemption or similar allowance, or under lhe inleslate laws, or the right 10 lake againsllhe spouse's Will; or lhe right 10 treal a lifelime conveyance by the other as leslamentary or all other righls of a surviving spouse 10 participate in a deceased spouse's estale, whelher arising under the laws of (a) . Pennsylvania, (b) any Slale, Commonweallh or territory oflhe Uniled Slales, or (c) any other country, or any rights which either party may have or at any time hereafter have for pasl, presenl or fulure support or mainlenance, alimony, alimony pendente lite, counsel fees, equilable distribution, costs or expenses, whether arising as a result of the marital relalion or olherwise, excepl, and only excepl, all rights and agreemenls and obligations of whatsoever nalure arising or which may arise under this Agreement or for lhe breach of any lhereof. It is the inlention of Husband and Wife to give to each other by the execution of this Agreemenl a full, complele and general release wilh respecl to any and all property of any kind or nalure, real, personal or mixed, which the olher now owns or may hereafter acquire, except and only except all righls and agreemenls and obligalions of whalsoever nalure arising or which may arise under this Agreement or for lhe breach of any thereof. 9. EQUITABLE DISTRIBUTION OF PROPERTY It is specifically underslood and agreed lhat lhis Agreemenl constilules an equitable dislribution of property, both real and personal, which was legally and beneficially acquired by Husband and Wife or eilher of lhem during lhe marriage, as contemplated by The Acl of April 2, 1980 (P.L. 63, No, 26) known as "The Divorce Code", 23 P.S. 3101 el. seq. of the Commonwealth of Pennsylvania, And further, that lhe parties have allempted 10 divide their marital property in a manner which confonns 10 lhe criteria set forth in 3502 of the Pennsylvania Divorce Code, and laking into account the following considerations: lhe length of lhe marriage, the prior marriages of the parties; the age, health, station, amounl and sources of income, vocalional skills, employability, estate, liabililies and needs of each of the parties; the conlribution of one party to the education, training, or increased earning power of the olher party; lhe opportunity of each party for future acquisition of capital assets and income; lhe sources of income of both parties, including but nOllimited 10 medical, retirement, insurance or olher benefits; lhe contribution or dissipation of each party in lhe acquisition, preservation, depreciation, or appreciation of marital property, including lhe , conlribution of a party as a homemaker; lhe value of the property set apart to each party; lhe slandard of living of the parties established during lhe marriage; and the economic circumstances of each party at lhe time lhe division of property is to become effective. A. Real Property: I. Channel Drive property: The parties recognize lhat they own as tenants by the entirely real property known as 83 Channel Drive, Carlisle, (North Middleton Township) Cumberland Counly, P A 17013 purchased December 18, 1987 by deed recorded in the Cumberland Counly Recorder of Deeds Office in Deed Book C-33 Page 506. It is recognized the following mortgages are recorded against this property in the Cumberland County Recorder of Deeds Office: (I) Joinl- Principal Residenlial Mortgage with First Commercial, approximate balance of$53,OOO.00 and a home equity loan wilh Members First Credit Union with an approximate balance of $9,000.00, This property is presently for sale. Until such time lhatlhe property is sold, Husband shall continue to pay all mortgages, taxes and insurance. Once the property is seuled, lhe proceeds received from lhe sale or any sale shall be equally divided between lhe parties. If wife shall move from the property and lhe property remains vacant, and wife has begun receiving her portion of husband's mililary retirement as sel forth in paragraph 19-C, wife shalllhen be responsible for one half of the mortgage, laxes, insurance and upkeep on the said property. If lhe home is not sold within six months, they parties shall cause lhe home to be sold at auction unless olherwise agreed to in writing hereafter. 10, DISTRIBUTION OF PERSONAL PROPERTY: The parties herelo mUlually agree thallhey have effecled a satisfaclory division oflhe furniture, household furnishings, appliances, and other household personal property between lhem, and they mutually agree that each party shall from and after the date hereof be the sole and separale owner of all such langible personal property presently in his or her possession, and this Agreemenl shall have lhe effect of an assignmenl or bill of sale from , each party to lhe other for such property as may be in lhe individual possession of each of the parties hereto. The parties herelo have divided between themselves, 10 lheir mutual satisfaction, all ilems of tangible and intangible marital property including lheir checking and savings accounlants and lhe same have been placed in lhe individual names of either Husband or Wife. The parties have also caused lhe titles 10 lheir vehicles 10 be placed in lheir individual names those being a 1988 Mercury Sable 10 Husband and a 1995 Mercury Sable to Wife. Neither party shall make any claim to any such items of marital property, or of the separale personal property of eilher party, which are now in the possession and/or under lhe conlrol of the other. Should il become necessary, lhe parties each agree to sign, upon request, any titles or documenls necessary 10 give effecl to lhis paragraph. Property shall be deemed 10 be in lhe possession or under the control of eilher party if, in the case of tangible personal property, lhe item is physically in the possession or control of lhe party at the lime of lhe signing of lhis Agreement and, in the case of inlangible personal property, if any physical or wriUen certificate of insurance or other similar writing is in lhe possession or control of the party. Husband and Wife shall each be deemed to be in the possession and conlrol of his or her own individual pension or olher employee benefit plans or relirement benefils of any nalure with the exceplion of Social Security benefits to which eilher party may have a vested or contingent right or interesl al the time of the signing of this Agreemenl, and neither will make any claim againsllhe other for any interest in such benefits. From and after lhe dale of the signing of lhis Agreemenl both parties shall have complele freedom of disposilion as 10 their separate property and any property which is in lheir possession or conlrol pursuant 10 this Agreemenl, and may mortgage, sell, granl, convey, or otherwise encumber or dispose of such property, whether real or personal, whelher such property was acquired before, during or after marriage, and neither Husband nor Wife need join in, consenllo, or acknowledge any deed, mortgage or olher inslrumenl oflhe olher pertaining to such disposition of property. II. AFTER-ACQUIRED PERSONAL PROPERTY Each oflhe parties shall hereafter own and enjoy, independenlly of any claim or right of the olher, all items of personal property, tangible and inlangible, subsequenlly acquired by the olher party. 12. SUBSEQUENT PERSONAL DEBTS Husband and Wife agree from lime oflhe signing oflhis Agreemenl that each party shall be responsible for their own debts and hold each other harmless from same. There are no marilal debls, other than those listed in this Agreement. Wife does have a debl oulslanding on her automobile wilh a present balance of approximately $4,500,00 and she agrees to be responsible and hold Husband harmless for the paymenl of the same, 13. FUTURE DEBTS Husband and Wife hereby mutually agree thaI subsequent 10 lhe execution of this Agreemenl, neilher party shall incur any debls which will obligate lhe olher 10 make payment for same, Husband and Wife hereby acknowledge thaI there are no outstanding bills or olher indebledness which have been incurred by either for the liability of lhe olher, and both parties hereby coven anI and agree lhal neilher shall have any financial obligation 10 pay any financial obligalions which are solely lhe financial obligation of lhe other and which have been contracted by eilher party solely for their own benefit and withoullhe knowledge or consent of the other party. Husband and Wife further agree thallhey will indemnifY lhe other from any and all claims or demands made againsllhe olher by reason of any deblS or obligalions contracted in violalion of lhis Agreement. 14. WARRANTY AS TO EXISTING OBLIGATIONS , Each party represenls thallhey have not heretofore incurred or contracled for any debl or liabilily or obligalion for which lhe estate oflhe olher party may be responsible or liable excepl as may be provided for in this Agreement. Each party agrees to indemnifY or hold lhe olher party harmless from and againsl any and all such debls, Iiabililies or obligalions of every kind which may have heretofore been incurred by them, including lhose for necessities, except for lhe obligalions arising out of lhis Agreement. 15. BANKRUPTCY In the event thaI either party becomes a deblor in any bankruplcy or financial reorganizalion proceedings of any kind while any obligalions remain to be performed by thaI party for the benefit of the other party pursuant 10 the provisions of lhis Agreemenl, lhe debtor spouse hereby waives, releases and relinquishes any righlto claim any exemption (whether granted under State or Federal law) 10 any property remaining in lhe deblor as a defense to any claim made pursuanl herelo by lhe creditor-spouse, and the debtor-spouse hereby assigns, transfers, and conveys to the creditor-spouse an inlerest in all of the debtor's exempt property sufficient 10 meel all obligalions to the creditor-spouse as set forth herein, including all auorneys' fees and cosls incurred in the enforcemenl of this paragraph or any other provision of lhis Agreement. No obligalion crealed by this Agreement shall be discharged or dischargeable, regardless of Federal or State law to lhe conlrary, and each party waives any and all righl 10 assert that any obligation hereunder is discharged or dischargeable. 16. INCOME TAX PRIOR RETURNS The parties have herelofore filed joinl Federal, Slate and local income tax returns. Husband agrees thaI in the evenl any deficiency in Federal, Slate or local income, real estate or personal tax is proposed, or any assessment of any such tax is made againsl Wife by reason of Husband having joined in the filing of said joint returns or by reason of Husband's proper omission to file returns or pay such, Husband will indemnifY and hold Wife harmless from and against any loss or liability for any such tax deficiency or assessmenl and any inleresl, penalty, and expense incurred in connection lherewith , and such lax, inlerest, penally or expense shall be paid solely and entirely by Husband, unless said tax, interesl, penalty or expense is finally determined to be allributable to Wife's misrepresentalions or failures to disclose the nalure and extenl of Wife's separate income on lhe aforesaid joint relurns, 17. 1997 INCOME TAX RETURN Husband and Wife agree lhallhey may file jointly for Federal, Slale and local income tax returns for the year 1997, and Husband and Wife agree if lhey so file lhal they will divide evenly any tax refund. Any lax refund, if one is received, shall be equally divided belween lhe parties. 18. MEDICAL INSURANCE Wife will receive the benefils she is entitled 10 from lhe United Stales Department of DefenselMarine Corps as a former dependanl wife of a retired career mililary personnel in accordance wilh the Rules and Regulalions of the Marine Corps, the Department of Navy and lhe applicable federal slalules. 19. RETIREMENT FUNDS A. The Husband is a relired military enlisted man wilh military retiremenl (presently $763.00)and disability reliremenl (presenlly $435,00), Husband is currently employed by the Uniled Stales Navy and has a vesled pension fund lhrough his present employment with a currenl value of approximately $40,000,00. Husband also has an IRA lhrough Navy Federal Credil Union wilh an approximale value of $4,000.00. B. The Wife has a currenl vested relirement account wilh her former employer Masland Industries wilh an approximate value of $18,500,00. Wife has an IRA with lhe Navy Federal Credil Union with an approximale value of$2,500.00, Wife is currently employed as an office manager with an employmenl agency wilh offices in Pennsylvania and North Carolina which has yello olTer its employees a retirement or pension plan, C. Wife shall receive seventy-live percenl (75%) of Husband's mililary retiremenl (presently 763.00 wilh one dependent, will become 807 with 0 dependents following divorce), and seventy-live percenl (75%) of all fulure cost of living adjustmenls lhereto, so long as she may live and so long as Husband shall live and as set forth in federal law and Navy and Marine Corps regulation for the same, The parties agree lhal if a Qualilied Domeslic Relations Order ("QDRO") should be required 10 effectuate lhe same, lhey shall execule il and have il senllo lhe proper offices 10 insure thallhe paymenls are hereinafter made directly to Wife allhe address of her choosing. Should wife predecease Husband she agrees lhat her portion of the retirement shall revert to Husband and lhe QDRO slate the same. 20. LIFE INSURANCE Husband shall continue 10 mainlain all currenllife insurance policies as long as he is employed and as long as Wife remains unmarried, and shall have Wife named as beneficiary to alleast lifty percenl (50%) of such insurance. Currently Husband mainlains a $40,000.00 private policy and in addilion his employer mainlains a policy on his life of2- 5 limes his base salary, 21. DIVORCE Husband and Wife agree thaI Husband has or willliled a Complaint in Divorce on seeking a divorce on the basis of mutual consenl or by righl having lived separate and apart from each other for over lwo years, Husband and Wife both agree lhal at the lime of signing lhis Agreemenl both parties will execute the required Affidavits of Cons en I to be liIed with the Court 10 allow lhe Court 10 grant a divorce on the basis of mUlual consent or on lhe basis of living separate and apart for over two years, Husband and Wife both agree lhat each party is to bear their own allomey fees, cosls and expenses in conneclion with lhis divorce and drafting and negotialion oflhis Agreemenl and, the parties hereto state and agree thaI this Agreement shall not in any way be conslrued as a collusive agreement. . 22. WAIVER OF SPOUSAL SUPPORT, ALIMONY PENDENTE LITE, AND ALIMONY The parties herein acknowledge lhat by lhis Agreemenllhey have each respectively secured and maintained a subslantial and adequate fund with which 10 provide themselves sufficient financial resources 10 provide for lheir comfort, maintenance and support, in lhe station of life in which lhey are accustomed. Wife and Husband do hereby waive, release and give up any rights lhey may respectively have againsllhe other for alimony, alimony pendenle lile, support or maintenance, excepl as sel forth in paragraph I9-C of this Agreement. It shall be from the dale of lhis Agreemenllhe sole responsibility of each of lhe respective parties 10 sustain themselves withoul seeking any support from lhe olher party. However, lhis waiver is dependent and condilional upon lhe promised benefits due Wife under lhis Agreement actually being received by her as slaled herein. 23. ATTORNEY FEES, COSTS & EXPENSES The parties agree 10 waive receipl of and to be responsible for their own altomey fees, cosls and expenses in conneclion with the negotiation and preparation of this Agreemenl and the granling of a divorce decree. 24. BREACH OF AGREEMENT If either party fails in the due performance of obligations under lhis Agreement at their eleclion, lhe non-breaching party shall have lhe right 10 sue for damages for breach of this Agreement or 10 rescind same and seek such legal remedies as may be available to lhem. The breaching party will be responsible for actual legal fees and cosls incurred by the non- breaching party necessary to lhe enforcemenl of lhis Agreement, and is obligated to pay such fees and cosls regardless of seltlemenl before hearing or lrial through the date of compliance. No obligation created by lhis Agreement shall be discharged or dischargeable, regardless of Federal of Slate law 10 the conlrary, and each party waives any and all righl to assert lhat any obligation hereunder is discharged or dischargeable. >- N '- ~:; c: .~. ,.~ N ::i..-:t Ulc;.~ .);;d O~-. ,;C ..;::( (i_I. ' .....- ",-. :\:3 '-t.;: ~E ':>:: ~ :~Q - 1,,:- uJ,tJ- .\:% cc~-;,: ,... .. llU ..'" :.-J.-~o- \-' ~ .-< l'. r- :;:) (.) 0' (.) tI: ('01 r:: c -:" ~"- ::.;..~ ,- N 1I1f~ ):;-: 0"-;. .... . J 1: rr:V f": ._)~ ~r.= . ..- (:. ("") '(J') U.lf\.. l.'~ .'- ,7- -'., >- IIUJ 1:1" ort .llLt.. .. ~: ,- :.:: -; I!,- I'"" 'j U . C1' U . ~~ ~ ~ ~ ~ ~ ~I! . .. ~ a. G ~ t'cl~ ~ ~l ~ x!3 .:- \ :q~ & ~ . . ,. . . " IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ALBERT E. SLUSSER, PlaintifT CIVIL ACTION. LAW v. CIVIL TERM NO. 97.;). 3 ~ I JOANNE L. SLUSSER Defendanl IN DIVORCE DEFENDANT'S AFFIDAVIT OF CONSENT WAIVER OF TWENTY (20) DAY NOTICE OF INTENTION TO FII .E PRAECIPE TO TRANSMIT RECORD AND DEFENDANT'S ACKNOWI.EDGMENT OF SERVICE I. A Complaint in Divorce under Section 3301(d) of the Divorce Code was tiled in lhe above-caplioned action. 2. The marriage of Plain tifT and Defendanl is irretrievably broken, and at le3Etllillcly days have-elapsed from [he dallftlffiling-the-&Implaint. 3. I consenl to lhe enlry of a final decree of divorce by lhe Court of Common Pleas of Cumberland Counly, Pennsylvania. 4. I undersland lhat I may lose our rights concerning alimony, division of property, lawyer's fees or expenses if I do not claim them before a divorce is granled, We have entered into a property seulement which we will have incorporaled inlo our final decree of divorce. S. I have been advised of the availabilily of marriage connseling and understand lhal we may request that lhe Court require us to participale in counseling, 6. I understand that lhe Court mainlains a IiSI of marriage counselors in lhe Domeslic Relations Office, which list is available 10 us upon request. 7. Being so advised, I do not requesl lhat we participate in counseling prior 10 a divorce decree being handed down by lhe Conrt. ""- "J -. I!; c:; :-.. ., :," '"', '" ::j~ ''SS r. -', , )r."" p,:~, ~ '.."J::C -- ~f "'- .... ::s tl.._' ,. cO') ~". (:;; :l~ - )~ fi'!' ' ,,- ,'-;-- -..i: 'j'[jJ ,"':."; ::.c ~.'Jw.. .- LI. ,... ::> 0 01 U >- N '>- ~ N i:';: I- N ':l:;J; ~!;' ~'),",. Ef~ :I: t ~~; " -', rT a... r.,~ ~~ -.>- !J') :;'(/) I '::-~ w~ r.::z fi!LU >- lUlU Ff .c:r roc.. ::c ,- u. r- a 0 C\ . . . . . ~ N >- N ,- Z ~ N :-)<, w9 ():...... ue - ~~):~ - [E- o.. ~.)~j ~r ~::.. ,,- k tn '..' l{) I ")2 L'='. C~ 1.:' >- ,U1.U O:-L. <<:: ~o.. 1-- :::t: -'- u.. r- 13 u C1 ~