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HomeMy WebLinkAbout97-02722 ~ OJ! u ~ ~ C,) - . .. ci '1 I'.. ~ . t-. 0-- ~ .' .. i \ , "'\ / / 11\.~\dl~y.r..b.'10_" . AGREEMENT THIS AGREEMENT, made this 2orl' day of (1(1 10h(>I" , 1997, by and between GARY D. DRAYER, of York County, Pennsylvania, (herein- after referred to as "Husband"), and TERESA A. DRAYER of Cumberland County, Pennsylvania, (hereinafter referred to as "Wife"); WITNESSETH: WHEREAS, Husband and Wife were lawfully married on January 22, 1983, in McKnightstown, Adams County, Pennsylvania, and, WHEREAS, three children have been born of this marriage. NOW THEREFORE, in consideration of the premises and of the mutual promises, covenants and undertakings hereinafter set forth and for other good and valuable consideration, receipt of which is hereby acknowledged by each of the parties hereto, Wife and Husband, each intending to be legally bound hereby, covenant and agree as follows: l. Disclosure of Assets. Each party asserts that he or she has made a full and fair disclosure of all of the real and personal property of any nature whatsoever belonging in any way to each of them of all debts and encumbrances incurred in any manner whatsoever by each of them, of all sources and amounts of income received or receivable by each party, and of every other fact relating in any way to the subject matter of this agreement. These disclosures are part of the consider- ation made by each party for entering into this agreement. -1- 2. Preparation of AQreement. This agreement has been prepared by the attorney for the Husband. Each party has been repre- sented by an independent attorney, who was selected by the party whom he or she represents, in the negotiation of this agreement. Husband has been represented by Elizabeth B. Stone, Attorney at Law. Wife has consulted with her own attorneys. This agreement has been fully explained to each party by that party's attorney. Each party has carefully read this agreement and is completely aware, not only of its contents, but also of its legal effect. 3. Lawfulness of Separation. It shall be lawful for each party at all times hereafter to live separate and apart from the other party at such place as he or she may from time to time choose or deem fit. The foregoing provisions shall not be taken as an admission on the part of either party of the lawfulness or unlawfulness of the causes leading to their living apart. 4. Freedom from Interference. Each party shall be free from interference, authority, and contact by the other, as fully as if he or she were single and unmarried except as may be necessary to carry out the provisions of this agreement. Neither party shall molest the other or attempt to endeavor to molest the other, nor compel the other to cohabit with the other, or in any way harass or malign the other, nor in any way interfere with the peaceful existence, separate and apart from tha other. 5. Release of Claims. Wife and Husband each do hereby mutually remise, release, quit-claim and forever discharge the other and -2- the estate of such other, for all time to come, and for all purposes whatsoever, of and from any and all rights, titles and interests, or claims in or against the property (including income and gain from property hereafter accruing) of the other or against the estate of such other, of whatever nature and wheresoever situate, which she or he now has or at any time hereafter may have against such other, the estate of such other or any part thereof, whether arising out of any former acts, contracts, engagements or liabilities of such other or by way of dower or curtesy, or claims in the nature of dower or curtesy of widow's or widower's rights, family exemption or similar allowance, or under the intestate laws, or the right to take against the spouse's will; or the right to treat a lifetime conveyance by the other as testamentary, or all other rights of a surviving spouse to participate in a deceased spouse's estate, whether arising under the laws of (a) Pennsylvania, (b) any state, commonwealth or territory of the United states, or (c) any other country, or any rights which Wife may have or at any time hereafter have for past, present or future support or maintenance, alimony, alimony pendente lite, counsel fees, costs or expenses, whether arising as a result of the marital relation or otherwise, 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 thereof. It is the intention of Wife and Husband to give to each other ~y the execution of this 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 -3- acquire, except and only except all rights and agreements and obliga- tions of whatsoever nature arising or which may arise under this agreement or for the breach of any thereof, subject, however, to the implementation and satisfaction of the conditions precedent as set forth herein above. 6. Warranty as to Future ObliQations. Each party repre- sents that they have not contracted any debt or liability for the other for which the estate of the other party may be responsible or liable, and that except only for the rights arising out of this agreement, neither party will hereafter incur any liability whatsoever for which the other party or the estate of the other party, will be liable. Each party agrees to indemnify or hold the other party harmless from and against all future obligations of every kind incurred by them. 7. Personal Pronertv. Both parties herein agree that any of Wife's personal effects, clothing, kitchen ware, and other personal items that were brought into the marriage still remaining in the marital home after this agreement is signed will be removed prior to the finalization of the divorce. Further, any storage agreement between the parties will state the item, the terms and conditions of the storage, and all will be documented prior to the divorce. Husband agrees to provide ample time for the removal of Wife's property from the home during this time period. Husband further agrees not to hinder, harass, or in anyway, or at anytime, prevent Wife from removing her property from the home. Husband agrees not to destroy, discard, remove, hide, give away, donate, sell, or deny Wife of any of her personal property. -4- Husband is to allow Wife full and free access to those areas of the marital home where items may be stored to remove Wife's property. Any property that should remain in the marital home after said date will become the sole and separate property of Husband. Each of the parties does hereby specifically waive, release, renounce and forever abandon whatever claims, if any, she or he may have with respect to any of the above items which are the sole and separate property of the other. S. Cash. All cash presently in the possession of either party shall be and remain their separate property, free and clear of any claim whatsoever on the part of the other. 9. Propertv Not Provided For. The parties hereto agree that they have, by the terms of this agreement, settled, to their mutual satisfaction, all rights that either may have in their property, whether owned by them jointly or separately, real and personal, and wheresoever situated. Any property not specifically provided for in this agreement, which the Husband or Wife owns or has the right to control or possess, shall be and remain his or her property, free and clear from any claim on the part of the other. 10. Real Estate. Wife hereby agrees to convey, transfer and grant to Husband her right, title and interest in the real estate situated and located at 1155 Highland Drive, Mechanicsburg, York County, Pennsylvania, contemporaneouB with Husband's payment in full of the lump sum property settlement amount of NINETY FIVE HUNDRED DOLLARS ($9,500.- 00) to Wife, and Wife's full release from the existing mortgage on said property. Both parties understand that until the mortgage company -5- releases Wife from the mortgage obligation, she is technically still named on the loan, notwithstanding this agreement by the parties. Nevertheless, from the date of this agreement, Husband agrees to assume as his sole obligation any and all mortgage payments, taxes, claims, damages or other expenses incurred in connection with said premises, and Husband agrees and covenants to hold Wife harmless from any such liability or obligation. Husband shall deliver to Wife this same lump sum property settlement agreement amount of NINETY FIVE HUNDRED DOLLARS for said property simultaneous with Wife's execution of all papers necessary to have a final decree in divorce entered in the Court of Common Pleas of Cumberland County, Pennsylvania. Husband shall be solely responsible for all maintenance and repair, mortgage payments, insurance payments, taxes, claims, demands or other expenses including but not limited to water, cable television, electric, trash and sewer incurred in connection with said premises and Husband agrees and covenants to hold Wife harmless from any such liability or obligations. 11. Automobiles. Wife shall retain title of her vehicle, a 1994 Volkswagen Jetta, free and clear from any encumbrances, the loan having been paid in full by Husband prior to this Agreement being signed by the parties. Husband shall retain title of his vehicle, a 1992 Volkswagen Jetta. 12. Alimonv. The parties herein acknowledge that by this agreement waive any further rights or obligations for alimony to the other party. Each party acknowledges that they have each respectively secured and maintained a substantial and adequate fund with which to -6- provide themselves sufficient financial resources to provide for their comfort, maintenance and support in the station of life in which they are accustomsd. Wife and Husband do hereby waive, release and give up any rights they may respectively have against the other for alimony, support, alimony pendente lite or maintenance. 13. CUSTODY. Husband and Wife agree that three children were born unto this marriage: Christiana Marie Drayer born July 27, 1983 Megan Elizabeth Drayer born March 23, 19S6 Rebecca Lynn Drayer born September 29, 1987 (a) Legal custody. Husband and Wife shall share legal custody of the three children, Christiana, Megan, and Rebecca. (b) Physical custody. Husband shall maintain primary physical custody, subject to the Wife's minority physical custody rights. Wife shall enjoy liberal visitation as the parties may agree upon. (c) Holidays and vacation. Husband and Wife shall share vacations and Holidays, dates to be decided by the parties. Every Mother's Day shall be spent with the Mother. Every Father's Day shall be spent with the Father. (d) Cbristmas and Thanksgiving. In odd numbered years, Husband shall have Christmas, and Wife shall have Thanksgiving. In even numbered years, Husband shall have Thanksgiving and Wife shall have Christmas. l4. Relocation. Husband shall be free to move within an Eight Hundred (800) mile radius of the Mechanicsburg area without the Wife's -7- or the Court's prior approval. Husband and Wife have heretofore agreed that if anyone or all of the children wish to remain with their Mother in this area for all or part of the school year they may do so; moreover, no child support payments would be obligated in this situation by either parties. l5. CONSUMER DEBT. - Both parties shall be responsible for their own consumer debt from February 3, 1997, to and until the divorce is final. Each party agrees to indemnify or hold the other party harmless from and against all future obligations of every kind incurred by them since the date of separation. l6. Payment of Attornev Fees. Each party of this agreement hereby agrees that each of them will be solely responsible for the full payment of all attorney's fees and other costs heretofore and hereafter incurred, respectively, by each of them in connection with the negotia- tion, preparation, and execution of this agreement, and in connection with any action commenced by either party with respect to the divorce of the parties. Each party further agrees hereby to indemnify and hold the other party harmless from any demand, claim, loss, cost and expense (including additional attorney's fees) arising from a failure to pay all of the aforesaid attorney's fees and other costs. 17. Informed and Voluntarv Execution. Each party to this agreement acknowledges and declares that he or she, respectively: a. Is fully and completely informed as to the facts relating to the subject matter of this agreement and as to the rights and liabilities of both parties. -8- b. Enters into this agreement voluntarily after receiving the advice of independent counsel, free from fraud, undue influence, coercion or duress of any kind. c. Has given careful and mature thought to the making of this agreement. d. Has carefully read each provision of this agreement. e. Fully and completely understands each provision of this agreement. lS. SubseQuent Divorce. The parties hereby acknowledge that Husband has filed a complaint in divorce in Cumberland County to Docket No. 97-2722 civil Term, claiming that the marriage is irretrievably broken under Section 3301(c) of the Pennsylvania Divorce Code. wife hereby expresses her agreement that the marriage is irretrievably broken and expresses her intent to execute any and all affidavits or other documents necessary for the parties to obtain an absolute divorce pursuant to Section 3301(c) of the Divorce Code at the same time as she executes this agreement. The parties hereby waive all rights to request court ordered counseling under the Divorce Code. It is further specifically understood and agreed by the parties that the provisions of this agreement as to equitable distribution of property of the parties are accepted by each party as a final settlement for all purposes whatsoever as contemplated by the Pennsylvania Divorce Code. Should a decree, judgment or order of divorce be obtained by either of the parties in this or any other state, country or jurisdiction, each of the parties hereby consents and agrees that this agreement and all of -9- its covenants shall not be affected in any way by such separation or divorce; and that nothing in any such decree, judgment, order or further modification or revision thereof shall alter, amend or vary any term of this agreement, whether or not either or both of the parties shall remarry. It is the specific intent of the parties to permit this agreement to survive any judgment and to be forever binding and conclusive upon the parties. 19. Mutual CooDeration. The Husband and the Wife shall each concurrently herewith, or at any time hereafter on the demand of the other, execute any other documents or instruments, and do or cause to be done any other acts and things as may be necessary or convenient to carry out the intents and purposes of this agreement. 20. Severabilitv. If any provision in this agreement is held by a court of competent jurisdiction to be invalid, void, or unenforce- able, the remaining provisions shall nevertheless continue in full force and effect without being impaired in invalidated in any way. 2l. Reconciliation. If there should be a reconciliation of the parties after the date of execution of this agreement, this agreement shall nevertheless continue in full force until it is modified or abrogated by another written instrument to that effect signed by each of the parties hereto. 22. Future Earninqs. All income, earnings or other property received or acquired by either party to this agreement on or after the date of execution of this agreement shall be the sole and separate property of the receiving or acquiring party. Each party, as of the -10- effective date of this agreement, does hereby and forever waive, release and relinquish all right, title and interest in all such income, earnings or other property so received or acquired by the other. 23. Waiver of Riqhts. Each of the parties hereby irrevocably waive all rights which he or she may have to request any court to equitably distribute the marital property of the parties or to have alimony, alimony pendente lite or counsel fees awarded to either party, it being the express intention of the parties hereto to fully settle all claims which they have with respect to each other in this agreement. Each of the parties further agree to consent to the entry of a Decree in Divorce. 24. waiver of Breach. The waiver of any term, condition, clause or provision of this agreement shall in no way be deemed or considered a waiver of any other term, condition, clause or provision of this agreement. 25. Survival of Aqreement. If any term, condition, clause or provision of this agreement shall, by its reasonable interpretation, be intended to survive and extend beyond the termination of the marriage relationship presently existing between the par.ties hereto, said term or terms, condition or conditions, clause or clauses, provision or provisions, shall be so construed, being the express intention of both parties hereto to have this agreement govern their relationship now or hereafter, irrespective of their marital status. 26. Jurisdiction. This agreement shall be construed under the laws of the Commonwealth of Pennsylvania, and both parties consent and -11- GARY 0, DRAYER, : IN TilE COURT 01' COMMON PLEM Plaintiff : : CUMBERLAND COUNTY, PENNSYLVANIA : VS. : CIVIL DIVISION : TERESA A. DRAYER, : NO. 97-2722 CIVIL TERM Defendant : PRAECIPE TO TRANSMIT RECORD To the Prothonotary: Transmit the record, together with the following information to the court for entry of a divorce decree: 1. Ground foe divorce: irretrievable breakdown under 5330l(c) !3~Jt~ of the Divorce Code. (Strike out inapplicable section). 2. Date and manner of service of the complaint: May 22, 1997, Certified Mai!L.Restricted Delivery, Postage Prepaid, Return Receipt Requested, 3. Compl~te either paragraph (a) or (bl. (a) Date of execution of the affidavit of consent required by S330l(c) of the Divorce Code: by plaintiff January 28, 1998 ; by defendant January 28, 1998 (b)Cl) Date of execution of the of th~ Divorce Code: affidavit required by ; (2) Date of filing !03301(d) and service of the plaintiff's affidavit upon the r~spondent: 4. Related claims pending: NO CLAIMS RAISED 5. Complete either Ca) or (b). (a) Date and manner of service of the notice of intention to file praecipe to transmit record. a copy of which is attached: (b) Date plaintiff's filed with the Prothonctary: Date defendant's filed with the Prothonotary: Waiver of Notice in 5330l(c) Divorce was (-30-?? Waiver of Notice in 53301(c) Divorce was /. ">- .:-1 '- , ;~ [J, t::: "', j:~; !:.oj - u. , r-~ (,I ~: '-',... , ('. t ~- J_.' ...:.:~ c~:. I ' c::> L , G~'~: '''; , ~:-! t ' ' , ;J L-L-; ft-'__ - ~, -, ^>-; t', e:. .j 0 C' ~ .... " <:t ,J , 'r--L ~1~ I;)- ~ '\-; r! r<') ~..j " <0 '.. C) ....,;:~ ~ ('(\ ~ r.... c.: ..~. ~~ ~ ~ " ~ IU( !::.1 ":\\ -a C). .7':' f'3 ~ ~ (3)r-' ... 1:< ~ ~ ~)( : 'dj C, -&'~ f; ( ( "I' e'1 ,'<:::> {il', f'..' V: ~ ~ V5 ~ -' ~. l t~ : : ,.- " ; --.;;:;: r ',',} ~ - . (i.. ~ I' r- ~- Co G' .J (;) ~< 0.... ~ z tIl< Q 3~ 0 z ,. f< Q ril Ul 0 ,. ~ ~ ~ ~ p..tIl U ~ Z c<: ~ . :l w af5 0 .... +' f It ;> .... <:: I>: . ~ ~ Q ~p.. .... ..... ~ 0 < .. :r. 0 +' f-< I~ u .. w ~ 0 <:: <:: z > . ~ g ~ . U>< Z 'rl .., .... Z " E-< .... oS ~.... j 0 Z - .. ~Z ~.-t ril" ;; It It " 0::> I c<:p.. , ><0 p.. . o m ::l 0 ril > ~ :;: ~ l: ~ " 0 u E-<U Z >< 0 ~ . < . c<: 0 ~ 0 U . ~ ::>0 .... . .. OZ E-< 0 , ~ :r. U< U < ril02 < , Ul 0 < :r:ril ..:l ~ E-<<ll .... ~ S .;> z 0.... < ril HOZU t:l E-< " . , , GARY D. DRAYER, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v. : NO. 97 2722 Cu'M.f T~ . . TERESA A. DRAYER, Defendant : CIVIL ACTION - LAW IN DIVORCE . . NOTICE TO DEFEND AND CLAIM RIGHTS You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take prompt action. You are warned that if you fail to do so, the case may proceed without you and a Decree of Divorce or annulment may be entered against you by the Court. A judgment may also be entered against you for any other claim or relief requested in these papers by the plaintiff. You may lose money or property or other rights important to you, including custody or visitation of your children. When the ground for the divorce is indignities or irretrievable breakdown of the marriage, you may request marriage counseling. A list of marriage counselors is available in the Office of the Prothonotary at the Cumberland County Courthouse, Carlisle, PA l70l3. IN YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY, LAWYER'S FEES OR EXPENSES BEFORE A DIVORCE OR AHHULHENT IS GRANTED, YOU HAY LOSE THE RIGHT TO CLAIM ANY OF THEM. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Court Administrator Fourth Floor Cumberland Countv Courthouse Carlisle. PA l7013 Telephone: 17171 240-6200 !1\d1v\dray.r.cam\5." GARY D. DRAYER Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. q7- :;1.7).;).. ~ T~ v. TERESA A. DRAYER Defendant CIVIL ACTION LAW IN DIVORCE COMPLAINT 1. The Plaintiff in this action is GARY D. DRAYER, an adult individual, who currently resides at 1155 Highland Drive, Mechanics- burg, Cumberland County, Pennsylvania, 17055. 2. The Defendant in this action is TERESA A. DRAYER, an adult individual, who currently resides at 204 East Main Street, Apt. 2, Shiresmanstown, Pennsylvania, l701l. 3. The Plaintiff has been a bona fide resident of the Common- wealth of Pennsylvania for at least six (6) months immediately previous to the filing of this complaint. 4. The Plaintiff and Defendant were lawfully joined in marriage on January 22, 1983, at McKnightstown Lutheran Church, McKnightstown, Adams County, Pennsylvania. 5. There have been no prior actions of divorce or for annulment between the parties hereto in this or any other jurisdiction. 6. The Plaintiff avers as the grounds upon which this action is based is that the marriage between the parties hereto is irretrievably broken. -1- tl\div\con..nt.atf GARY D. DRAYER, Plaintiff v. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 97-2722 TERESA A. DRAYER, Defendant CIVIL ACTION - IN DIVORCE AFFIDAVIT OF CONSENT 1. A complaint in divorce under S 3301(c) of the Divorce Code was filed on June 4, 1997. 2. The marriage of plaintiff and defendant is irretrievably broken and ninety (90) days have elapsed from the date of filing the complaint and service of the complaint. 3. I consent to the entry of a final decree of divorce after service of notice of intention to request entry of the decree. 4. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if I do not claim them before a divorce is granted. I verify that the statements made in this affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. S 4904 relating to unsworn falsifica- tion to authorities. ;/...'/, V ---~~:~-:---"-- , -::ffE./' --- --.. (. - . . ----==---- .~~- --c--- GARi -0:' DRAYER - Plaintiff Date .,.. ('I '- t.- LJ~ r.~ " "".: .', ; u.! ~. o. . c: ~ ,--'. ~-l.. 1.1._ ...... . .' , XC C) ;:.... 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