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HomeMy WebLinkAbout97-02904 2 o ., ~ cJ cz: J - -? ~ <:) ~ II r-- 0- ~ ~ ~ . ~ \ J / / -' 1 i i i ! ! ! i i J ! i i i 1 , I i I I I I j 4 ~ . .**'~~ro_*'~~_~~~___*_**)"_~:~:_.._re:~._'~'~ ~ ----- - ~ i ~ y ~ : IN THE COURT OF COMMON PLEAS : *- ',' ,.; ~ ~ ... ,.; ~ ", ~ .', ~ ~ w ... w '.' s s s " S s ,', ~ ~i ~ i. ~ '.' ?- ~ ,.' ,~ ~ w ... OF CUMBERLAND COUNTY STATE OF * PENNA. .. (lA RYL. ,JAG.KSON, ...., Plnlntiff., '......, :1 N (), ....,..n,7..~~.Q,~ g!.Y.~"'..T.!>RM Vl'l'Sl1~ BRENDA L. JACKSON, Defendant DECREE IN ~VORCE AND NOW, . ., Qw.". .. ",... J .~. .. 19 q~" it is ordered and decreed that ...,... ~~r.y.~: .J.a.c.k.s?!1. .. . .,.. . . .. . . . . .".,. .." '" plaintiff, and. ,. .. .. . . J~r.e.n.qa. ,,: .J.a.c.k.s!'!1.. ,. ,. . , , . .. ., . ,. ., . , . .,.. ,. . .", 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 ~ ... ,', ~ . . . . . . :r,h.e. ~~~~~~~~ ~.r?P~~~~ .S,e.t~!~l!I~!1.t ,~I;t~<<:~,!,.e.n.t, i.s. ~l?~<:~~ .i':l~C?~p.l!r.a.t!l?I.~u.t.':lC?~ . ,.; ~ ~ $ ~ S g 8 $ .'~ ~ ~ $ ,'. ~ [, M ,,' ~ " ~ $ w '.' ~ ~ ~ ~ ~.' S ~ '.' w '.' ~ ',' S ,., ~ $ $ i~ '.' ,,', J, J~ , . , )~ ,.. , . his. Decree, in Divorce. . . , . . , . . . . . . . . . . . . . . . . . . . , . , , . , . . . . . . . , . , . , ~ / ~ // : D\\~el?0:~ Atte.t: J ~(' /' "~ ,/).J./ ~~ M CX;:'~Sit:.i {.' fiJ( /';tlr/M1t"--:7 ~ ~~;rlf... k~k, ..QAT- : ~ ;;; 1 ,'7'/ Prothonotary i'" ~ I'~ ? I.l , a _ . . _ ._, _ ,_. . . , " _,. _", . . , .. ? -------.. ---- , - ...- ''-.'" ...- ,,--_... . ' ~ ~~-~-~-------------*-------~-- ~ r. 2. DIVISION OF REAL PROPERTY. Wife agrees to transfer all her right, title and Interest In and to the real estate situated at 24 Field Stone Drive, Mechanicsburg, Cumberland County, Pennsylvania, now titled In the name of Husband and Wife as tenants by the entiretiss to the Husband and agrees to Immediately execute now or In the future any and all deeds, documents, or papers necessary to effect such transfer of title upon request. Wife further acknowlsdges that she has no claim, right. interest, or title whatsoever In said property in the future. Said transfer shall be effective immediately and shall be binding regardless of the marital status of the parties, Husband agrees that he shall Indemnify and hold Wife harmless on ths first mortgage to PHH U.S, Mortgage Corp, In the approximate balance of $133,000,00 and the second mortgage to Industry Mortgage In the approximate balance of $17,000.00, 3, DIVISION OF PERSONAL PROPERTY. The parties hereby divided their personal property Including, but not limited to, household goods and furnishings, personal effects and all other Items of personal property used by them in common. Each of the parties shall retain their personal items of jewelry Individually. Wife shall become sole owner and Husband shall waive any claim to the property specifically set forth In Exhibit "A" attached hereto and made a part hereof, 2 . -'j All other personal property remaining In the marital residence shall remain the sole propsrty of Husband, Should It become necessary at any time for either party to execute any titles, deeds or similar documsnts to give effect to this paragraph, It shall be done Immediately upon request of the other party. 4. MOTOR VEHICLES, Husband shall retain as his sole and separate property, the 1989 Dodge Dynasty titled In Husband's name individually. Husband shall have sole responsibility for the existing balance due to the Nationwide Federal Credit Union In the amount of $4,000.00. Wife shall retain as her sole and separate property, the 1990 Acura Integra presently titled In Joint names, Husband shall take steps necessary to transfer the title being held by the lender to Wife individually. In the event he cannot sign over title, he will execute a Special Power of Attorney permitting Wife to transfer the title into her name individually once the loan against the vehicle Is paid In full. Husband agrees that he will payoff the balance due on the Integra to Nationwide Federal Credit Union. There is a current balance of $7,300,00, In monthly installments of $190,00 which Husband shall pay when they become due. Husband further agrees, pending payment In full of the aforementioned debt. that he shall Indemnify and hold Wife harmless on the said loan, The parties are also the owners of a 1987 Toyota Cellca which shall be driven 3 ~. J, by Husband's son, Jason, It Is the Intent of the parties to have Jason as the owner of this vehicle, howevsr, for the purposes of economically Insuring the vehicle, Wife agress to transfer any Interest she may have In the Cellca to Husband with the specific commitment by Husband that he will transfsr title to his son at a future date based on affordable Insurance coverage for his son. In the meantime, the vehicle will be titled In Husband's name only. 5. PENSIONSI401Ks. Husband shall retain as his sole and separate property, his 401 k and pension plan through his employer, Nationwide Insurance, Wife shall retain as her sole and separate property, her 401 k plan with her employer, Remco. 6. HORSES, The parties are the owners of three (3) horses, a two' year old Colt, by Compliance, a yearling Filly, by Well Decorated, and a brood mare, Golden Jagua, It Is the Intent of Husband to retain all three (3) of these horses, He will retain sole ownership of the broodmare and Wife will retain an Interest in the yearling and two year old based on the following terms: A. It is acknowledged by the parties at the time of the execution of this Agreement, that all debts or financial obligations regarding all three (3) of the horses are paid in full or are current, It is the Intent of the parties to continue to contribute Jointly to the expenses relating to the horses and, at the date of the finalization of the Decree In Divorce, all expenses will be paid In full or current, From that point on, the 4 . "; expenses will be the sole responsibility of Husband with reimbursement consistent with the terms of this Agreement, B. After the date of the Agreement, Husband shall retain the brood mare as his sole and separate property as aforementlonsd. C. The yearling Filly and the two year old Colt will eventually be sold (or raced and claimed), and Husband agrees to pay to Wife fifteen (15%) percent of the gross proceeds from the sale and/or claiming price of the horses subject to the conditions set forth below. D. After taking Into account all monies expended on the aforementioned yearling and two year old Including, but not limited to, board, feed, vet bills, training expenses, tax consequences or other Incidental expenses relating to the ownsrship of the horses, should those expenses exceed the gross sale price; no distribution will be made to Wife. Wife will not be responsible for a contribution toward those expenses, In the event that fifteen (15%) percent of the gross sale price after expenses rsmains, it shall be paid to Wife in full, In the event that the nst proceeds of the sale after taking Into account all expenditures Is less than fifteen (15%) percent of the gross sale price, but not In excess of the gross sale price, Wife shall receive all proceeds from the sale and/or claiming of either horse after the expenses have been reimbursed to Husband, A specific exception to the above percentage will occur If the Filly sells at the September 1997 Fasig-Tipton sals In Maryland, Wife shall be entitled 5 . ", to receive twenty-flvs (25%) percent of the gross sa Is price without considering any expenses or deductions. 7. BANK ACCOUNTS. Husband'presently has an account, no. 75200018.9, at Nationwide Federal Credit Union, with an approximate balance of $18,000.00. The said funds will be used to pay the stud fee for the Filly ($4,000,00), loan to Husband's father ($3,500.00), and bills relating to the horses totalling approximately $7,700.00, Other expenses inCluding medical expenses and attorneys fees will reduce the balance in the said account to approximately $5,000,00 which the parties agree to divide equally. A list of the bills to be paid from the said account are attached hereto and marked Exhibit "B". Husband and Wife shall retain joint ownership of the DauphIn Deposit checking account no, 33-402671 and savings account no, 570028683.1 and, upon the granting of a Decree In Divorce, any monies left In the said accounts shall be divided equally, The purpose of the Dauphin Deposit accounts along with the Nationwide Federal Credit Union account Is to pay joint and Individual debt during the Interim ninety (90) day period. 8, LIFE INSURANCE, Husband and Wife are the owners of certain life insurance policies listed below with the cash values contained therein, The policies owned by the Individuals shall 6 , ~, Agreement as well as fses necessary to complete the divorce action shall be paid out of the bank accounts more specifically referred to In Paragraph 8 hsreof. 10. TAX ON PROPERTY DIVISION. Husband hereby agrees to pay all Income taxes assessed against him, If any, as a result of the division of the property of the parties hereunder. Wife hereby agrees to pay all Income taxes assessed against her, if any, as a result of the division of the property of the parties hereunder, 11, BREACH. If either party breaches any provision of this Agreement, the other party shall have the right, at his or her election, to sue for damages for such breach, The party breaching this contract shall be responsible for the payment of legal fees and costs Incurred by the other In enforcing his or her rights under this Agreement, or seeking such other remedy or relief as may be available to him or her. 12. FUll DISCLOSURE. Husband and Wife each represent and warrant to the other that he or she has made a full and complete disclosure to the other of all assets of any nature whatsoever in which such party of every type whatsoever and all other facts relating to the subject matter of this Agreement. 13. ADDITIONAL INSTRUMENT, Each of the parties shall on demand execute and deliver to the other any deeds, bills of sale, assignment, consents to change of beneficiary on insurance policies, tax 8 . .., returns and other documents and do or caused to be done any other act or thing that may be necessary or desirable to the provisions and purposes of this Agreement. If either party falls on demand to comply with this provision, that party shall pay to the other all attorneys' fees, costs and other expenses reasonably incurrsd as a result of such failure. 14, WIFE'S DEBTS, Wifs represents and warrants to Husband that sines the parties' separation she has not and in the future she will not contract or incur any debt or liability for which Husband or his estate might be responsible and shall indemnify and save Husband harmless from any and all claims or demands made against him by reason of debts or obligations Incurred by her, 15. HUSBAND'S DEBTS, Husband represents and warrants to Wife that since tho parties' separation he has not and In the future he will not contract or incur 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 by reason of debts or obligations Incurred by him, 16. WAIVERS OF CLAIMS AGAINST ESTATES, 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 9 , " he or she may now have or hereafter acquire, undsr the present or future laws of any jurisdiction, to share In the property or the estate of the other as a result of the marital relationship, including without limitation, dower, curtsy, statutory allowance, widow's allowance, right to take In Intestacy, right to take against the Will of the other, and right to act as administrator or executor of the other's estate, and 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. 17. REPRESENTATION. It Is recognized by the parties hereto that Gary L. Jackson Is represented by John J, Connelly, Jr" Esquire. Wife has the right to be represented by legal counsel. Wife further agrees, that by the signing of this Agreement, she understands the legal Impact of this Agreement, acknowledges that the parties have fully and fairly disclosed each to the other the assets acquired during the marriage, and further acknowledges that the Agreement is fair and reasonable and intends to be legally bound by the terms hereof. 18. VOLUNTARY EXECUTION, The provisions of this Agreement are fully understood by both parties and each party acknowledges that this Agreement is fair and equitable, that it is being entered into voluntarily and that it is not the result of any duress or undue influence, 10 , .., 19. ENTIRE AGREEMENT. This Agreement contains the entire undsrstandlng of the parties and there are no representations, warranties, covenants or undertakings other than those expressly set forth herein. 20. PRIOR AGREEMENT. It is understood and agreed that any and all property settlement agreements which mayor have been executed prior to ths date and time of this Agreement are null and void and of no effect. 21. MODIFICATION AND WAIVER, Any modification or waiver of any provision of this Agreement shall be effective only if made in writing and executed with the same formality as this Agreement, The failure of either party to insist upon strict performance of any of tHe provisions of this Agreement shall not be construed as a waiver of any subsequent default of the same or similar nature, 22. GOVERNING lAW, This Agreement shall be governed by and shall be construed In accordance with the laws of the Commonwealth of Pennsylvania, 23. INDEPENDENT SEPARATE COVENANTS. It is specifically understood and agreed by and between the parties hereto that each paragraph hereof shall be deemed to be a separate and Independent covenant and agreement, 11 , . 24. VOID CLAUSES. 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 opsratlon, 25. ENTRY AS PART OF DECREE, It Is the intention of the parties that this Agreement shall survive any action for divorce which may be Instituted or prosecuted by either party and no order, judgement or decree of divorce, temporary, final or permanent, shall affect or modify the financial terms of this Agreement. This Agreement shall be made a part of any such Judgment or decree of final divorce, 26. DIVORCE ACTION, Husband is filing, on or about the time of the execution of this Agreement, a Complaint in Divorce in the Court of Common Pleas, Cumberland County, Pennsylvania, The parties agree that they will execute all documents necessary to finalize the said divorce action including, but not limited to, Affidavits of Consent and Waivers of Counseling and Waivers of Notice of Intention to Request Entry of a Divorce Decree, It is further understood that counsel for Husband shall, after ninety (90) days has elapsed from the date of the service of the Divorce Complaint, file a Praecipe to Transmit the Record and all necessary documents to promptly finalize the divorce action, 12 DEBTS PAID FROM NATIONWIDE CREDIT UNION ACCOUNT Stud Fee $ 4,000.00 Loan tram Husband's Fathsr $ 3,500.00 Blair Minnich $ 845,00 Reigle Heir $ 242.00 Franks Farm $ 770,00 Penn Paddock $ 121,00 Edelson $ 15.00 Florida Vet $ 265.00 Penn National $ 250.00 Dcala $ 200,00 Medical Expenses (estimated) $ 1,000.00 (out-at-pocket) Attorney Fees (estimated) $ 2,500,00 1997 Tax Liability Unknown EXHIBIT "B" '>- ('I ~ b; ,.., f- ;:~.<: r~ c" LJI.. C.)t> .,- " ff ::. .- ~; ":-.J 9:' (~, ~ ("'0.' l' '... , . C':_ ~~t E:\',. I..., 1-': v, l', r- ") 0 O' 0 .... "J :- i1; ~~: ,~ ~".'''' ,- C; III f~~ I., C)" '..1;;1 [i:~-.} .;:: 11..,1 '-1~~ 0';' , , ;,",1 ~ LlJ af~. "i';? W.I~ ".;:':. C:~'. c.. Ii,] r.:." LI.l '.'!;::!.- v; ..~ L~. r- :";) L.' cro () .,.. C' I 1:: c:; - }:.:: ," ~, ~ u{'; ~' (), , , '''I.. . [,- ,. ""'-. "J I r: (5 (~ ( ,:'J ';t-;. "1:1' " : ~.; -. t' 0_ ' ;. i ~\J [i:-, 'J.' ;,\ .~J.. ,-- (J~ ....,- I ,- r- ::.") 0 oJ' 0 .... e" t.:; U; l~:':: if -, , II (1 , iF ,/~: , '. y .. ;..1 ., " OI; , L~ - , -::1 u_"". C.- , lJ....:'- U.' ~;J... F-' v~ I.. r- O', 0 0' D >- "J ;;-- st: ~~ s 5-. .", iLl';'; . . , ; ( )., " .. . 1':\' ~;:; ~: .1. ..,'. -:: 0'.:: . ,t.1 " . C.....l f.~' , u.:l , -'. C'_ ":) u.:~ ... , c.. ,. V; II. 1- :-.:J L) ~", (.) i I I \ I I I \ I i ; ~. . :.,.., ~~ LMOmcu . . C$lNNELLY, Am . 8Moe 108-112WAUIUT Bmm P.CUlClC 883 , .1L._"--1710l , 717-23H771 FAX 231-4783 \~%;!tl~~1 -, ". ..-, '""-"""f'{-'_J"\tl~:"'~~ .. ... ..;!.;;?~$j{~ ,,' i. GARY L. JACKSON, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 97-29114 CIVIL TERM BRENDA L. JACKSON, Defendant CIVIL ACTION. LAW IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER ~ 3301lcl OF THE DIVORCE CODE 1. I consent to the entry of a final Decree of Divorce without notice. 2. 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. 3. I understand that I will not be divorced until a Divorce Decree is entered by the Court and that a copy of the Decree will be sent to me Immediately after it is filed with the Prothonotary. I verify that the statements made in this Affidavit are true and correct. understand that false statements herein are made subject to the penalties of 18 Pa. C.S.A. Section 4904, relating to unsworn falsification to authorities. Date: '/- 1-/ - q 7 -- ';-J >- fo: ~':; ., I ,.., " t'.-; ~ ~ ( I '" , . ,. ,.. ..... ~,Jt "" f: ; lLI L:\ Co.. ~ -! ;-~~ j' t!..: ":l.. Vl :~~ 1.'__ r- ~ C> C", C.) IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW . . Garj t . JQcKson . . . . Plaintiff : : File No. . . vs. . IN DIVORCE . : ~Y".eV\dC\.. L . -:he 1<50)) : Defendant . . NOTICE TO RESUME PRIOR SURNAME Notice is hereby given that the Plaintiff/Defendant in the above matter, having been granted a Final Decree in Divorce on the ~ day of~mbor ,19 W7 , hereby elects to resume the prior surname of :r-eUUClr~ , and gives this written notice pursuant to the provisions of 54 P.S. S 704. DATE: /al/d./?7 resumed COMMONWEALTH OF PENNSYLVANIA: SSe COUNTY OF CUMBERLAND On the lol'AL day of flr."d";' ,19..2..2..., before me, a Notary Public, personally appeared the above affiant known to me to be the person whose name is subscribed to the within document and acknowledged that he/she executed the foregoing for the purpose therein contained. In Witness Whereof, I have hereunto set my hand and official seal. a.D' LEHOIIA E. : IloIary Public Silver Spring Twp. ,I)umberland Co. My Coounlsslon ~res Aug. 6. 2001