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HomeMy WebLinkAbout97-02360 o IIJ ~ ~ ~ ~ ~ " ; - .') - - . o .., /Y) l"'t t t- O'- . ~ '. MICHAEL A. BANKS Plaintiff v. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 97.2360 CIVIL ACTION. LAW TASHA S. BANKS Defendant This Agreement, is hereby made and entered into this 1>111 /?, (.II ~Bl3rtl!l~ 1998 by and between Tasha S. Banks, "Wife," day of and Michael A. Banks, hereinafter "Husband." Witnesseth: Whereas, the Parties hereto are husband and wife, having married and as a result of the union, have two children born of the marriage, to-wit Aaron J. Banks, born February 4, 1994 and Desmond S. Banks, born August 6,1995. Whereas, marital differences and difficulties have arisen between the Parties, and Whereas, Parties have separated physically and intended to continue to live apart and desire to forever completely settle, determine and provide for the support of Wife, separation of their marital and nonmarital, real and personal, belonging to either and/or both of the parties hereto and all other rights, entitlements, benefits, and privileges involved between the parties hereto arising directly or indirectly out of the marriage relationship, and Whereas, Parties have had adequate time and opportunity to consult with separate legal counsel of their own, and Whereas, both Parties acknowledge that they are satisfied with the legal advice they have received and understand the full importance of the Agreement they are entering into; Now, Therefore, the parties, in consideration of the foregoing premises, and the mutual promises and undertakings hereinafter set forth, agree as follows: 1. It shall be lawful for Husband and Wife at all times hereinafter to live separate and apart from each other and to reside from time to time at such place or places as he and she shall respectively deem fit, free from any control, restraint or interference, direct or indirect, by each other. The foregoing provisions shall not be taken to be any admission on the part of either Husband or Wife of the lawfulness or unlawfulness of the causes leading to their living apart. 2. Each party shall be free from interference, authority and contact by the other as If he or she were single and unmarried except as necessary to carry out provisions of this Agreement. Neither party shall harass the other or attempt to endeavor to harass the other, nor compel the other to cohabit with the other, or in any way malign the other, nor in any way interfere with the peaceful existence, separate and apart from the other. 3. Wife shall have as her own, free and clear of any claims of Husband, all of the household goods, furniture, furnishings, appurtenances, appliances and marital property which she has in her possession as of the date of this Agreement. 4. Husband shall have as his own, free and clear of any claims of Wife, all of the household goods, furniture, furnishings, appurtenances, appliances and marital property which he has in his possession as of the date of this Agreement. 5. It is further agreed that both Husband and Wife shall retain as his or her own any and all personal effects, clothing, and personal jewelry. MAB TSB ~ ;rs A- 6. Husband shall retain possession of his motor vehicle as his personal property and as the sole owner. He shall solely be responsible for all payments related to that vehicle. 7. The parties shall keep all IRA's, 401k's and other retirement accounts which are held In their names as personal property, free and clear of claims from the other party. 8. Except as otherwise provided herein, Husband assumes full responsibility for any indebtedness which he has contracted or incurred in his name, alone or jointly, after the date of the execution of this Agreement. Husband represents and warrants to Wife that, since the filing of the divorce action, he has not contracted or incurred any debt or liability, for which Wife or her Estate might be responsible, and shall indemnify and save Wife harmless from any and all claims or demands made against her or her Estate by reason of debts or obligations incurred by Husband and/or assumed herein. 9. The parties specifically agree that all bank, savings, cash and checking accounts shall become the sole property of party named on the account. 10. The parties agree that any property not assigned in this Agreement as marital or nonmarital property will bEl deemed the property of the possessor of said property. 11. Each of the parties hereto agrees that he or she will join in the execution, acknowledgment and delivery of any deed or other document which may be reasonably necessary to carry out the intent of this Agreement, and, in the event either of the parties hereto would not join in the execution, acknowledgement and delivery of such instrument, then such party does hereby irrevocably appoint the other party hereto as his or her Attorney-In-Fact to execute, acknowledge and deliver such instrument hereby ratifying all MAB"Yo~ TSB~ that such other party hereto may do by virtue hereof with a copy of this Agreement to be a sufficient Power of Attorney to carry out the Intent and purpose of this paragraph. Nothing contained in this section shall affect the right of one party to expressly include or exclude, as the case may be, the other party as beneficiary in any will, insurance policy or other document whether the same is presently in effect or would become effective in the future. 12. As there is a divorce proceeding which has been commenced in Cumberland County, the parties hereby mutually consent to a divorce and the entering of a divorce decree on the no.fault grounds that their marriage is Irretrievably broken pursuant to ~3301(c) of the Pennsylvania Divorce Code. Parties herein shall execute Affidavits of Consent and a final decree in divorce will then be obtained. 13. Husband and Wife agree to file individual tax returns for each year beginning in 1997 and thereafter until their divorce is final. 14. Husband and Wife agree to divide their deductions for dependent children as follows: a. Husband shall, in all years he is legally able to do so, have the right to claim Aaron J. Banks on his tax returns. b. Wife shall, in all years she is legally able to do so, have the right to claim Desmond S. Banks on her tax returns. 15. The parties shall have joint legal and physical custody, as each party shall consult with the other relative to all important decisions concerning the Children, such matters as health, education, and religion. 16. The parties will keep each other advised immediately in the event of serious illness or medical emergency concerning the Children and shall further take any MAB tvlJ15. TSB~ necessary steps to ensure that the health and well being of the Children are protected. During such illness or medical emergency, both parties shall have the right to visit the Children as often as he or she desires consistent with the proper medical care of the Children. 17. Tasha S. Banks shall maintain sole physical custody of the Children regardless of the number of hours of visitation provided to Michael A. Banks. 18. Michael A. Banks shall be entitled to periods of physical custody, for purposes of visitation, as the parties mutually agree, which at a minimum shall include: a. Two consecutive weeks of uninterrupted visitation per year; and b. All other times the parties can agree to provide Michael A. Banks with additional visitation. The parties will cooperate and agree to permit liberal visitation for Mr. Banks during the children's school vacations. 19. Michael A. Banks is required to provide Tasha S. Banks with Three Hundred and Fifty Dollars ($350.00) per month, which shall constitute Father's full and complete payment of monthly child support for both children. This payment shall commence immediately after this Agreement is fully executed. 20. The parties shall equally share all unreimbursed medical expenses for the children. Michael A. Banks agrees to keep all military benefits in place for the subject minor children for as long as he is legally permitted. 21. The support provisions of this agreement shall be modifiable upon change of circumstances, the death of either party, the death of a dependent, the emancipation of a dependent or as otherwise deemed appropriate by a court of competent jurisdiction. 22. Neither parent shall do anything which may estrange the Children from the other party, or injure the opinion of the Children as to the other party, or which may MAB 7~ TSB~ hamper the free and natural development of the Children's love or affection for the other party. 23. Any modification or waiver of any of the provisions of this Agreement shall be effective only if made in writing and only if executed with the same formality as this Stipulation and Agreement. 24. If either party hereto breaches any of the provisions of this Agreement, the other party shall have the right to bring any actions or actions in law or equity for such breach, and the breaching party shall be responsible for the payment of all costs and reasonable legal fees incurred by the other party in enforcing his or her rights under this Agreement. 25. Any waiver of a breach of any provision of this Agreement shall not constitute an ongoing waiver. 26. Each party asserts that they have respectively secured and maintained a substantial and adequate fund with which to provide for themselves for their comfort, maintenance and support in the station of life to which they are accustom. Michael A. Banks and Tasha S. Banks do hereby waive, release and give up any rights they may respectively have to alimony, spousal support or maintenance. 27. Each party asserts that they have respectively secured and maintained a substantial and adequate fund with which to provide for themselves for their comfort, maintenance and support in the station of life to which they are accustom. Michael A. Banks and Tasha S. Banks do hereby waive, release and give up any rights they may respectively have to the others pensions, 401k, retirement accounts or spouse's right to employee benefits. MAB Jvf.1rff TSB~ 28. Each party asserts that she or he has made full and complete disclosure of all the real and personal property of whatsoever nature and wheresoever located belonging In any way to each of them, of all debts and encumbrance incurred In any manner whatsoever by each of them, of all sources and amounts of income received or receivable by each of them, and of every other fact relating in any way to the subject matter of this Agreement. These disclosures are part of the consideration made by each of the parties for entering into this Agreement. 29. This Agreement shall be considered to be effective at 12:01 a.m. on the date of its execution. 30. This Agreement shall be incorporated in and made a part of any Decree that might be entered in any dissolution proceeding between the parties hereto upon the filing by either or both parties of an executed copy of this Agreement in such action and same may be incorporated by reference into any such Decree or court order. 31. The parties mutually waive any and all other claims that either might have against the other arising directly or indirectly out of this marriage, specifically including, but not limited to, alimony, dower, curtesy, and homestead. 32. This Agreement shall constitute a full, complete, and total binding Agreement between the parties concerning support, maintenance, alimony and property settlement, and is precluded from modification EXCEPT if the parties specifically agree to modify this Agreement. 33. Any and all modifications to this Agreement as provided under Section 33, shall only be by written agreement containing the same formalities as this Agreement and shall exhibit the notarized signatures of both parties, along with two witnesses. MAB 1-1~ TSB :zsec 34. The parties specifically agree that they may rescind this Agreement only by written agreement containing the same formalities as this Agreement which shall exhibit the notarized signatures of both parties, along with two witnesses. 35. Each party acknowledges that it may be appropriate and required that this Agreement be reacknowledged at some time in the future before the Clerk of the Commonwealth Court, Clerk of Orphans Court or some other Court, ar,d each party agrees that they will reacknowledge their signature before the Clerk of such Court upon request of the other party so that this Agreement may comply with the acknowledgement rules and provisions of any such Court. 36. Each of the parties hereto acknowledges that there has been full disclosure of all relevant matters of each party to the other party, that each of the parties is fully cognizant of his and her legal rights and liabilities with respect to the terms and conditions of this Agreement, that he and she understand the legal effect of the provisions of this Agreement and acknowledge that this Agreement is fair and equitable to each of the parties hereto, and that this Agreement was entered into voluntarily and without any undue influence or duress upon either party hereto. 37. This Agreement constitutes the entire understanding and agreement between the parties hereto, and there are no other representations, warranties, covenants, understandings or agreements other than those expressly set forth herein. 38. This Agreement shall be interpreted in accordance with the laws of the Commonwealth of Pennsylvania. 39. It is specifically understood and agreed by and between the parties hereto, that each paragraph shall be deemed a separate and independent covenant and agreement. MAB 7v11iJ:___ TSB~ 40. 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 now have or hereafter acquire, under the present or future laws of any jurisdiction, to share in the property or the estate of the other as a result of the martial relationship, including, without limitation, dower, curtesy, statutory allowance, widow's allowance, right to take intestacy, right to take against the will of the other, and right to act as administrator or executor of the other's estate. Each will, at the request of the other, execute, acknowledge and deliver any and all instruments which may be necessary or advisable to carry into effect this mutual waiver and relinquishment of all such interests, rights and claims and both parties will revoke prior wills or testamentary documents. 41. 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 all other respects, this Agreement shall be valid and continue in full force, effect and operation 42. This Agreement shall inure to the benefit of and shall be binding upon the parties hereto, their heirs, executors, administrators, successors and assigns. In Testimony Whereof, witness the signature of the parties hereto and their respective counsel this .C:.I....) day of 111/IM1 , 1998. J./f~ ~ S4.\6'- Michael A. Ba ks ~ ~ j ~ - ,S j,~<. i 0 Tasha S. Banks v-' - MAB~ TSB~ -.. <:> .,- . , '" I t:: ,. I , "' '.' c.~. ~~; i I ~;., C " I C" , 'J ,,- -- .- l'_ C; ,,' ,- l. " .J () , , t'l ... o~ o ..... Ul~=.l'l'" Ul.s~!~ ::l .. N a:<:5 a, -;;~~ ~ 15'51 ~ ~ ~~::oit:. D. 1O~ CJ II ~ !i !~ HI 1 K ii ! j I~~ \ i II !II i , I . i i PETER J, RUSSO, ESQUIRE PA Supreme Court ID: 72897 61 West Louther Street Carlisle, PA 17013 (717) 249-2721 Attorney for Plaintiff MICHAEL A, BANKS Pla!ntiff v, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NOfi".:l'3' ~IVIL TERM IN DIVORCE TASHA S, BANKS Defendant COMPLAINT IN DIVORCE UNDER SECTION 3301(c) AND 3301(d) OF THE DIVORCE CODE AND NOW comes the above-named Plaintiff by and through his attorney Peter J. Russo, and seeks to obtain a Decree in Divorce from the above-named Defendant, upon the grounds hereinafter more fully set forth: 1. Plaintiff, Michael A. Banks, is an adult individual residing at 420 Forbes Ave, Carlisle, Cumberland County, Pennsylvania 17013 and is a citizen of the United States. 2. Defendant, Tasha S. Banks, is an adult individual residing at 635 Catherine Street, Apartment 1, Syracuse, New York 13203 and is a citizen of the United States. 3. Plaintiff is has been a bona fide resident of the Commonwealth of Pennsylvania and has resided continuously therein for at least six months prior to filing of this Complaint 4. Plaintiff and Defendant were married on April 15, 1992 in Bamberg, Germany. 5. There are two children of the parties under the age of eighteen (18): Child's Name Aaron J. Banks Desmond S. Banks Date of Birth Feb. 4, 1994 Aug. 6, 1995 COUNT I . DIVORCE 6. Plaintiff hereby incorporates by reference averments 1 through 5 of this Complaint as if each averment were set forth fully hereunder. 7. 8. 9. allies. 10. 11. There has been no prior action for divorce by either party againrt the other. Plaintiff is in the Armed Forces of the United States or any of its allies. Defendant is not in the Armed Forces of the United States or any of its Plaintiff avers that the marriage between the parties is irretrievably broken. Plaintiff has been advised that counseling is available and that Plaintiff may have the right to request that the court require the parties to participate in counseling, but does not request the same. 12. Plaintiff and Defendant have reached a property settlement agreement addressing support issues, which will be filed herein at the appropriate time. WHEREFORE, Plaintiff, MICHAEL A, BANKS, prays that a decree be entered in favor of the Plaintiff and against Defendant as follows: --- J ~ If) (: ~ t.r. t-o'- 8 :-:-: l~ ":].1" - : I ~..; \' .~ .)~l .: ..:: ::-)~ r;:. v ~\ It: \D ,""0) f'. I eZ o:,r, >- ;tjm j:; .:r ~~ :c tga. lO. / ~ 0 r- ..:.J l""\) (7\ u --.. ~J ~~ \j \1 ~ ~ ~~ 'V 'V ~ ~ ~ ~\;; ~\ I I if ~. en i l~ i '- l!. " c:~ c:; I..: Le. , (",J1 S:' .. c~'. ,. 1: ( i__ .. .. f..... '-, ( , (.;' :.) v. : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 97.2360 CML TERM : CML ACTION. LAW MICHAEL A. BANKS, Plaintiff, TASHA S. BANKS, Defendant ACKNOWLEDGMENT OF SERVICE OF COMPLAINT IN DIVORCE UNDER SECTION 3301(0) AND 3301(d) OF THE DIVORCE CODE AND NOW, comes the Defendant, Tnsha S. Banks, and hereby acknowledges that on May 5, 1997, she did receive a verified copy of the Compli.a.nt in Divorce nIed lIj!Wnst her in the above Cllptioned CllSe. r;JU ~, / ~tf2(' I' ~/l(\J~L Tnsha S, Banks Date "- c> r~ '- - , . , r " i~. " C , .=, . C " . ,. ~~ , ~:l ("1 U