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HomeMy WebLinkAbout97-02726 /) ~ :--- -... "'lI t-... r"( ~ ~ . ~ J ,. / r I I , i I I I , ! ',-,-1 , I .<t'Jo'-llC>' ~''''''-llC> 'loe-,.....'_.... _'~'lIe- oX- ~,'lf:.,=->:-lIe-,.lIe- .*.,x>~>."cc~~,*-_"";:_()GII(~ e- , , . 1 . ii . , ~ ' -... ., ,. " : IN THE COURT OF COMMON PLEAS @ , @ 8 OF CUMBERLAND COUNTY 8 ~: " '* @ 8 ij ! STATE OF ~..: .. PENNA. i e ~ 8 ~ 8 ..~HR,r.~:r.,A,~~,.~,EL,~~~ ,'..... ,...."...."....,.... 'I ~ ~..,...."......,........ , , ..~,lai.~,t.~,~.~... ...........,...... :i N 00 ..,9.7..,:::,..:U26..,C.;t,)(,U,19 ~ "Versus Q ~ il ; ~ ,,~~~,N.~,T~:',~E,~~AN..:~efen~a~~""""" II ~ 8 ~ ~ ~ ~ ~ ~ ~ ~ ' ~ ~ ~ $ ~ " ~, ~ ~ ~ ~ ~ ~ ~ ~ v ~ ~ ~ ~ ~ ~ ~ . ~ ~ ~ t ~ ~-,--- DECREE IN DIVORCE AND NOW, .. . OC,:t O,~ e r... f.. .. .. ... 19,'.'1.., it is ordered and decreed that 0...' .9~~.~~~~.~~~. ~,~~~A~"". 0.000..'." 0...." plaintiff, and, 0... 0.'.."". ~.~~~~,~~. ~.E.~~~~. ".", ..." 0"'.0' 0.0.0., defendant, are divorced from the bonds of matrimony. 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; None ., :I:1l~. )?QllkRllP\:,i.,a.~ .l'-9.C:~~I11.~lJt, ,f,Uel3, ,I;Q, J:.I\~, ilP.QVl!o ot.~f!Do .qI}9. ,n.4l\l~!,!r is incorporated but not merged into this Decree. ...................................... ............ ......................... By The]!60 rt: A . /J I:; , ,,' .1.... " '~~" .OJ'tN'... ('... Ailed: . ,I.. ~/" L1/.. /? . J./ J. 4."'t.(..1(~' ~ a. ~'1. ~~,<th1, '"/ . . j ['! 7 ';(::Li#'~ K..~t:z:',J(..,Ip~ ,...., tI Prothonotary - -- ~ __~__~~~~*~oX-*'loe-___~____~~ iii , 8 iii I 8 ,'. ~ ~ '.' '. ~ s ~ ~ ., ~ ~ ., I I I I I' I , i I , I I I I M I i 0\ 0 , I I i r-- ! I .-I E-t I ~ I ~~~ , j t g]p::~ I ~~~ i i I~~ I I ~r5 .-ICI) I I i , I ! I , f , i u .. . t; ;t 0.. LU 00 Ll.. ~ ~a: 2 0.... in Iii::... ~ .... z .,- I:i C .( ~ = <( _ 0 ~O"'- c.. f:::': z "0 . o c5 "'", 0 "c1d :lii:ci~ :s c.. ;q!S.,;~ c.. < z - ::l U " Z S " :.: .. ~ L '. '" Agreement is not predicated upon nor made subject to any Agreement for the Institution, prosecution, defense or for the non.prosecution or non-defense of any action for divorce; provided, however, that nothing contained in this Agreement shall prevent or preclude either of the Parties hereto from commencing, instituting or prosecuting any action or actions for divorce, either absolute or otherwise, upon just, legal and proper grounds, nor to prevent either party from defending any such action which may, has been, or shall be instituted by the other Party, or from making any just or proper defense thereto. 2, EFFECT OF DIVORCE DECREE: The Parties agree that unless otherwise specifically provided herein, this Agreement shall continue in full force and effect after such time as a final decree in divorce may be entered with respect to the Parties. 3, AGREEMENT TO BE INCORPORATED INTO DIVORCE DECREE: The Parties agree that the terms of this Agreement shall be incorporated but not merged Into any Divorce Decree which may be entered with respect to them. 4, ADVICE OF COUNSEL: The provisions of this Agreement and their legal effect have been fully explained to Wife by her attorney, Gary J, Imblum, Esquire. Wife acknowledges that she has received independent legal advice from counsel of her selection. Husband acknowledges that he has been advised of his right to seek independent legal counsel and that he has fully and voluntarily waived that right. The 3 . '. .' parties acknowledge that they fully understand the facts and have been fully Informed as to their legal rights and obligations and they acknowledge and accept that this Agreement Is, In the circumstance, fair and equitable and that It Is being entered Into freely and voluntarily after having received such advice and with such knowledge and that 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 agreement or agreements. The parties further acknowledge that they have each made to the other a full and complete disclosure of their respective assets, estate, liabilities, and sources of income and that they waive any specific enumeration thereof for the purposes of this Agreement. Each party agrees that he and she shall not, at any future time, raise as a defense or otherwise the lack of such disclosure in any legal proceeding inVOlving this Agreement, with the exception of disclosure that may have been fraudulently withheld, 5, INTERFERENCE: Each party shall be free from all control, restraint, interference or authority, direct or indirect, by the other in all respects as fully as if he or she were unmarried. Each may reside at such place or places as he or she may select. Each may, for his or her separate use or benefit, conduct, carry on or engage In any business, occupation, profession or employment which to him or her may seem advisable, This provision shall not be taken, however, to be an admission on the part of either Husband or Wife of the lawfulness of the causes which led to, or resulted In, the continuation of their living apart. Husband and Wife shall not molest, harass, disturb or 4 malign each other or the respective families of each other, nor in any way interfere with the peaceful existence, separate and apart from the other, nor compel or attempt to compel the other to cohabit or dwell by any means or in any manner whatsoever with him or her; each of the parties understands and agrees that he or she shall not and will not do or say anything to the Child, at any time, which might in any way innuence the Child adversely against the other party, 6. MUTUAL RELEASE: Husband and Wife each do hereby mutually remise, release, quit claim, and forever discharge the other in 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, or whatever nature and whatsoever situate, which he or she 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 widows or widowers rights, family exemptions 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 Pennsylvania, any state, commonwealth or territory or the United States, or any other country, or any right which Wife may have or at any time hereafter have for past, present 5 " or future support of maintenance, alimony, alimony oendente lite, counsel fees, costs or expenses, whether arising as a result of the marital relation or otherwise, er.cept, 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 Husband and Wife to give each other, by 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 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 provision thereof. 7. PERSONAL PROPERTY: Husband and Wife do hereby acknowledge that they will divide the marital property as of the date of this Agreement, including, but without limitation, jewelry, clothes, fumiture and other personalty and hereafter Husband agrees that all the property in the possession of Wife on the date of this Agreement shall be the sole, separate property of the Wife; and Wife agrees that all of the property in the possession of the Husband on the date of this Agreement shall be the sole, separate property of Husband; irrespective of the foregoing provisions, Husband hereby agrees to set over, transfer and assign all of his right, title and interest to those personal effects and items of personalty that are more fully described in Schedule "A," which has been annexed hereto and made a part hereof and which shall become the sole property of Wife with the right to remove same from the marital premises or from wherever located, 6 '. .' b. 1988 Ford Thunderbird shall be the sole and exclusive property of Husband. The titles or lease agreements to said vehicles shall be executed by the parties, if appropriate, for effectuating transfer as herein provided on the date of execution of this Agreement and said executed titles shall be delivered to the proper party on the distribution date. For purposes of this Paragraph the term "title" shall be deemed to Include "power of attomey" if the title or lease agreement to the vehicle is unavailable due to financing arrangements or otherwise, In the event any vehicle is subject to a lien or encumbrance the party receiving said vehicle as his or her property shall take it subject to said lien andfor encumbrance and shall be solely responsible therefor and said party further agrees to Indemnify, protect and save the other part harmless from said lien or encumbrance, Each of the parties hereto does specifically waive, release, renounce and forever abandon whatever right, title and interest he or she may have in the vehicle(s) that shall become the sole and separate property of the other pursuant to the terms of this Paragraph. 10, REAL PROPERTY: Husband and Wife are the owners of the residence located at 412 Fifth Street, Summerdale, Cumberland County, Pennsylvania. The property is encumbered by a first mortgage to First Nationwide Mortgage Company. The amount owed on said mortgage is approximately $74,871.41. The property is also 8 '. .' encumbered by a second mortgage to First Union. The amount owed on the second mortgage is approximately $12,000.00. Husband and Wife agree that all right, title and Interest in aforesaid real estate shall become the sole and separate property of Wife, Wife agrees to pay the mortgages thereon to First Nationwide Mortgage and First Union, and to indemnify and hold Husband harmless from any liability thereon. Husband shall execute a Deed transferring said real estate to Wife. Said Deed shall be held in escrow until Wife either refinances or otherwise satisfies the first and second mortgages referenced above, Thereafter, said Deed shall be recorded, 11. LIABILITIES: During the course of the marriage, Wife and Husband have incurred certain bills and obligations and have amassed a variety of debts, and it Is hereby agreed, without the necessity of ascertaining for what purpose and to who's use each of the bills were incurred, that the parties shall be responsible for the debts that each has separately incurred since July 12, 1996, except those more fully described in Schedule "C" which has been annexed hereto and made a part hereof for which Wife shall assume all liabilities and Schedule "0" which has been annexed hereto and made a part hereof for which Husband shall assume all liability, Wife shall indemnify and hold Husband harmless from payment of all of said debts on Schedule "C" and Husband shall indemnify and hold Wife harmless from payment of all of said debts on Schedule "0", 9 12, WARRANTY AS TO EXISTING OBLIGATIONS: Each Party represents that they have not heretofore incurred or contracted for any debt or liability or obligation for which the estate of the other Party may be responsible or liable except as may be provided for in this Agreement. Each Party agrees to indemnify or hold the other Party harmless from and against any and all such debts, liabilities or obligations of every kind which may have heretofore been incurred by them, including those for necessities, except for the obligations arising out of this Agreement. 13, WARRANTY AS TO FUTURE OBLIGATIONS: Husband and Wife each covenant, warrant, represent and agree that each will now and at all times hereafter save harmless and keep the other indemnified from all debts, charges and liabilities incurred by the other after the date of this Agreement, except as may be otherwise specifically provided for by the terms of this Agreement and that neither of them shall hereafter incur any liability whatsoever of which the estate of the other may be liable, 14, WAIVER OF ALIMONY. SUPPORT AND MAINTENANCE: Husband and Wife do hereby waive, release, and give up any rights they may respectfully have against the other for alimony, support, or maintenance, It shall be from the date of this Agreement the sole responsibility of each of the respective parties to sustain themselves without seeking any support from the other party. The parties hereby acknowledge that by this Agreement each has respectfully secured and maintained a substantial and 10 , ' such writings as may be necessary or desirable for the proper effectuation of this Agreement in order to carry out fully and effectively the terms of this Agreement. 19. FULL DISCLOSURE: Each party asserts that he or she has made a full and complete disclosure of all of the real and personal property of whatsoever nature and wherever located belonging in any way to either or both of them, of all the debts and encumbrances incurred in any manner whatsoever by either or both of them during the marriage, of all sources and amounts of income of each party, 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 party for entering in this Agreement. 20, BANKRUPTCY: The parties hereby agree that the provisions of this Agreement shall not be dischargeable in bankruptcy and expressly agree to reaffirm any and all obligations contained herein. In the event a party files such bankruptcy and pursuant thereto obtains a discharge of any obligations assumed hereunder, the other party shall have the right to terminate this Agreement in which event the division of the parties' marital assets and all other rights determined by this Agreement shall be subject to court determination the same as if this Agreement had never been entered into. 21. FEES. COSTS AND EXPENSES: Wife agrees to be solely responsible for the filing fee and the costs and expenses of processing the Divorce Action provided that 12 ~ ul -- ~? .;l (,,; ,- :. 'j ~.(' C' - " .' \.l.' - ~ - . -~ .-. o {--, ~ ,,",..-;". (,- . ....::--. ~. ooi:: ,-:) ,,;~; '. l" (1' , ',- . '..... . \:):: C" , u:. ~:L c:.- ."" u.' ~)""...I.o ,- V. . ll, ~ ::'J 0 v , .' .. '. i'i; l- i::: ~ ~ ~~.. wQ :5~~ '-')::< c v~: ft- '1"_::: l....:, ..~ :'3 0" I c-: '.--;'.- CJU' ~ ::';-1) =:l ,:.- N .:,:-: 0- (::? - ltl .-J,i:) u:~ U.l S:] Co. 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