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HomeMy WebLinkAbout97-03028 )- ~ ~ \J "'-l loB ~ ~ ~ - " .. "~ ... () 6- ~ ~ ~ (3"- ~ ~ /.J { " ,.~.~.~-_.__..~~.~~._~.~-~**~~_.~~~~:~:._.:_-*.~~~ ii: - ------- ,.' w ~ :.' '=' ~ IN THE COURT OF COMMON PLEAS ~ ~ w,' ~.' " L.~ ~ w. ~.' ~ '.' OF CUMBERLAND COUNTY a ~ ~ 8 w ~~ ,'. ~ Q '.~ 8 ~ '.~ W !.' ~ ~~ a ,. ~ (~ ,', ~ e g ~ ~, ~ w. ~~ .' ~ .', ~ ~ ~.' ~ ,', s ~ w. '.' ~w S s ~ ? Dy Th Court) (~ ~ ' /l /:17.. I':' ~ ~Wt.,Lu:"oa /' tJ~~~~J. i~ ~..: ~/t "id K.~h, F1.L :~ ~ /. ~7Prothonotary (:.: PJ I~ ~ I ~ , ~---"--_...- "" ,,' . ,,"" '~ ~~~._-~~*-~~*--*-**---**-**~-- , w ',' It' i~ PENNA. ~ '.' STATE OF ~ <:" ,'. ~ BRENT H. LETTICH, . .......... Plaintiff N 0. }.9,?,~",.....,.. ,q;!:,YJ,k 19 97 " rI w. '.' ~ , " " ~ ~ ',' V el"~Hl:; SHARON E. LETTICH, I ': s Defendant ,! w '.' " ~ '.' ~ DECREE IN DIVORCE ~ ,.; ~ ~ ~.; ~ '.' I'; ~ ~ ~.' AND NOW, .. . . . . . . .-47'.r.~-.. . . ~C?... .. 19, ?: '" it is ordered and decreed thot ..."....,..., ~.~~~'!. .~: . ~F~~~~.~ . . . . ., . " . .. "', plaintiff, and, , , , . . . . . .. . . , , . , ,. , . .. .~~~.R,~~, ~.'.. ~~:.~~~~. . . . , . ..' .. . " defendont, are divarced from the bonds of matrimony. i ~.' i ',' r:: ~. 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; THE PARTIES MARITAL SETTLEMENT AGREEMENT DATED SEPTEMBER 5, 1997 i '.' ~ ~. ~ '.' ~, ~ ...... .... ...... ... ....... .... ...... ..... ....... ........ ..... ..... ... ...... IS INCORPORATED HEREIN AS A FINAL ORDER OF COURT. WHEREAS, each party is fully familiar with the marital property and both parties now desire to scllle and determine his and her property rights and claims under the Divorce Code, including all claims regarding equitable distribution of marital property, alimony, spousal support and related economic claims. NOW, THEREFORE, the parties hereto being legally bound hereby, do covenant and agree as follows: \, The parties agree to the entry ofa Decree in Divorce pursuant to Section 330\(C) of the Divorce Code. Both parties shall execute and file the requisite Consents with the Court at such time as the law permits this mailer to be concluded. Husband's counsel shall withdraw Husband's claim for economic relief. The Husband's allorney shall file the Praecipe to Transmit the record and obtain a Decree in Divorce without delay. Should either party do anything to delay or deny the entry of such a Decree, or fail to do anything required to obtain the Divorce Decree in breach of this Agreement, the other party may, at his or her option, declare this Agreement null and void, ab initio. 2. This Agreement and all warranties and representations contained herein shall survive the Divorce Decree and shall continue to be enforceable in accordance with its terms. No Court may change the terms of this Agreement, and it shall be binding and inclusive upon the parties, An action may be brought at law, in equity or pursuant to the provisions of the Divorce Code to enforce this Agreement by either Husband or Wife. In the event of a reconciliation, allempted reconciliation or other cohabitation of the parties hereto after the date of this Agreement. this Agreement shall remain in full force and effect in the absence of a written agreement signed by the parties expressly stating that this Agreement has been revoked or modified, 2 3, The parties have divided between them to their mutual satisfaction their personal effects, household furniture and furnishings, automobiles and all other articles of tangible personal property which have heretofore been used by them in common and neither party will make a claim to any such items which are now in the possession or under the control of the other. Wife shall become the sole owner of the 1991 Saturn SL 1. Each party will execute any and all documents necessary to effectuate the transfer of ownership of any items of personal property titled in both names. The party receiving sole ownership of such items shall pay all costs associated with the transfer. 4, The Primerica Individual Retirement Account with a balance of approximately $4,610.00 as of May 16, 1997 shall become the sole property of Husband. The mutual funds through Primerica with a balance of approximately $1,675,24 as of May 16, 1997, will become the sole property of Wife, and Wife shall pay the taxes on this income if any additional taxes are due for 1997, All four checking/savings accounts at Member's First Feu shall be divided equally between the parties, Aside from the foregoing, the parties have divided between them to their mutual satisfaction all intangible personal property consisting of cash, bank accounts, annuities, securities, insurance policies, pension and retirement rights, whether vested or contingent, and all other such types of property, The parties hereby agree that all such intangible property presently in the possession of or titled in the name of Husband shall be his sole and separate property, and that in the possession or titled in the name of the Wife shall be her sole and separate property, Each party hereby expressly waives any right to claim any pension/profit sharing/retirement rights of the other, vested or contingent, each party to retain full ownership of such rights as his or her sole and separate property, 3 S. Husband shall solely and individually responsible for the payment of the entire remaining balance on the unsecured loan to Members First FCU for his schooling. Husband agrees to indemnify and save and hold hannless the Wife for any liability upon the obligation assumed by the Husband in accordance with the tenus and conditions set forth in this paragraph of this Agreement. 6, Husband shall become the sole owner of the real estate containing the marital residence which was purchased by the parties in January, 1997. Wife shall within thirty days of the signing of this Agreement execute a Quitclaim deed in favor of Husband conveying all her right, title and interest in the marital residence located at 3673 Spring Road, Carlisle, Cumberland County, Pennsylvania to Husband. The parties agree that there is little, if any, net equity in this property if the property were to be sold by conventional methods, 7. Except as herein otherwise provided, each party represents that she and he have not heretofore incurred or contracted any debt or liability or obligation for which the other may be held responsible or liable, Each party agrees to indemnify and save and hold hanuless the other from and against all such debts, liabilities or obligations of any kind which may have heretofore been incurred between them, except the obligations arising out of this Agreement. 8, Both parties covenant, warrant, represent and agree that each will now and at all times hereafter save and keep each other indemnified against all debts, charges, or liabilities incurred by the other execution of this Agreement, except as may be otherwise specifically provided for by the tenus of this Agreement and neither of them shall hereafter incur any liability whatsoever for which the Estate of the other may be liable, Each party further agrees to indemnify and save and hold hannless the other from any and all liabilities he or she may incur upon the obligations of or assumed by the 4 other, which indemnification as to all provisions of this Agreement shall include the right to recover out of pocket expenses and reasonable allomey's fees actually incurred. 9. Both parties agree that the hereinabove set forth Agreement constitutes an equitable distribution of their marital property and equitable resolution of all other economic claims pursuant to the provisions of the Divorce Code and each party irrevocably waives, releases, and remises any claim to ownership of or interest in any property designated as the property of the other by virtue of the provisions of this Agreement except as otherwise may be provided pursuant to the provisions of this Agreement. 10. Husband does hereby release, remise, quitclaim and forever discharge Wife and the estate of the Wife from any and all claims he has now, ever may have or can at any time have against the Wife or her estate or any part thereof, whether arising out of formal contracts, engagements or liabilities of the Wife, arising by way of widower's right or under the Intestate Law arising by any right to take against the Wife's will, arising out of the Divorce Code, Act No. 26 of 1980, as amended, including, alimony, alimony pendente lite, counsel fees and expenses, arising as a right to spousal support or arising by any nature whatsoever, excepting only those rights accorded to the Husband under this Agreement. II, Wife does hereby release, remise, quitclaim and forever discharge the Husband and the Estate of the Husband from any and all claims she has now, every may have or can at any time have against the Husband or his estate or any part thereof, whether arising out of formal contracts, engagements or liabilities of the Husband, arising by way of the widower's right or under the Intestate law, arising by way of any right to take against the Husband's Will, arising under the Divorce Code, 5 Act No, 26 of 1980, as amended, including, alimony, alimony pendente lite, counsel fees and expenses, arising as a right to spousal support arising by any nature whatsoever, excepting only those rights accorded to the Wife under this Agreement. 12. If either party to this Agreement resorts to a lawsuit or other legal action pursuant to the provisions of the Divorce Code or otherwise shall enforce the provision of this Agreement, the successful party shall be entitled to recover his or her reasonable attorney fees, actually incurred, from the other as party of the judgment entered in such legal action, whether in law, in equity, pursuant to the provisions of the Divorce Code or otherwise as the same shall be determined by the Court. \3, The parties do hereby warrant, represent and declare and do acknowledge and agree that each is and has been fully and completely informed of and is familiar with and is cognizant of the wealth, real and/or personal property, estate and assets, earnings and income of the other and that each has made a full and complete disclosure to the other of his or her entire assets and liabilities and any further enumeration or statement thereof in this Agreement is specifically waived, 14. This Agreement constitutes the entire understanding of the parties. There are no covenants, conditions, representations or agreements, written or oral, of any nature whatsoever, other than those herein contained. 15. This Agreement is subject to modification only by a subsequent legal writing signed by both parties. It shall be construed according to the laws of the Commonwealth of Pennsylvania, 16, Husband and Wife acknowledge that each of them has read and understands his and her rights and responsibilities under this Agreement, that he and she have executed this Agreement under no compulsion to do so but as a voluntary act, being apprised of its consequences. 6 17, This Agreement shall bind and inure to the benefit of the parties hereto and their respective heirs, executors, administrators, successors and assigns. WITNESS: ~. ~ ~ t-- D--:/ iiJ4JlJ- Brent H. Lellich mu.dlrfdomeltkldh'orcellettJch.aKr . , . ) r' -- '- c-. li: [-; <. , .~::: :.~..~ 11.1 r.-~' I."; , 0- r:i:SI " t,_. (:o.~ , ! ~~.'j 0'.: 6' , ~. , ,} , - LilLL I '. _Jt, J 0.. ;;lf~! u.; -; Lu F- (./l ". r- :"i 0 a- u '>- '- c.; Lr. t;:: ,.:. .- ,,- f!: IIJ~~ , " ( ".." I ~ l :', . .-. .::. ft- !"!,.. ~"!;2 '-r- ~o c:. t-/~ ;~t I }~.< ...-;.. --Jt. . c.. :!itu u:: ~~. lJ..1 ,'J(L ,-- u, :5 H. f- a m c,) ...... Cl C~ t>O.: j-: .. ; - t' " , UJ.. -- 0' . ',' f" '" 1- ..: .,~~ ~ I.j Y.. ...n .~/) [2' I ~~ " :j ,] [:L!> :':-. , ,~ i: :'-"j .' I r- , U U', ,) III < 1<1 0-:1 . "'I>< z~ 00< ~OH OUZ UCl;; ",Zo-:l 0<1>< 0-:1 III E-<O:Z o:l<1Z o III 1<1 O~'" u8 1<1", :1::0 E-< Z H . - . :I:: U H E-<.... E-<.... 1<1.... 0-:1.... s:: ..... :l::l\l o-l E-<'" Z 1<1 0: III ~ .. . ~ I') ~ ~ . ' 'I~ i it \\. \ ~~ ~.~ ~.\~ \ ~ \ . ~ r<: '\f) Iv) , ....... '" \A ~ , . > . :I:: U H E-<.... E-<s:: 1<1l\l o-:I'D s:: . CII 1<1.... ZCII OCl 0: < :I:: III 1 1 I E-< : Z I H 1 < 1 0-:1 1 '" 1 ~ I 0 1 U 1 1 1<1 1 U 1 0: I 0 1 > I H 1 Cl I 1 I 1 1 1 1 1 1 1 1 1 I 1 1 1 I 1 1 1 I 1 1 1 I 1 1 1 1 I 1 1 1<1~ U< 0:0-:1 0' >Z HO ClE:: ZU H< .....0-:1 O\H 0\> H .....U \i\. f'\ " \r-. ~ ~ "1 \'\ ~~ or, '" C ~ 1- ..., " < ::: ~ '" ~ ~ ~ S ~ = s: E u ~ ~ ~ ~ ~ S :s . (! ~ 5 ;S ~ C2 h ~ ;c i2 o is . - . . ., . BRENT H. LElTlCH, Plaintiff IN lHE COURT OF COMv1ON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. NO, 97- .3W~ CMLACTlOmAW IN DIVORCE CMLlERM SHARON E LElTlCH, DaMuda t NOTlCE TO DEFEND AND ClAIM RIGHTS You have been sued i1 CXllJt. If you v.ish to defend against the c:Iaims set fa1h n the foIloMrg pages, you ITlJSt ta<e prarpl adion. You ae waned that if you fall to do so, the case may proooed v.blt.4 you a"d a decree a divcrce a c:rn.dment may be Ell ilSl eel against you by the CXllJt. A iDJla t may also be a1leIeel against you fa fnI dher daIm a relief ~ n these ~ by the PIaintif[ You may lose rroney a pi q:lElrty a dher rigls ir1lxxta 4 to you, ir1c:ll.drg aJSIody a visitaial a ya.r d1i1cten. VIhlen the go..n:l fa the OIVCX'OO is irdig1ities a irrebievabIe t:xea<<:bM1 a the maTiage, you may req.JeSl maTiage cn.nseIilll, A list a maTiage cn.nseIas is availa:Jle in the 0lIia3 a the Pl.Al..... day at the Cl..rrbe!l1cn:t COU1ly Ca.rt House, Ca1isle, Pemsyfvcnia IF YOU DO NOT FILE A ClAIM FOR ALIMONY, MARITAL PROPERlY, COUNSEl FEES OR EXPENSES BEFORE lHE FINAL DECREE OF DIVORCE OR ANNULMENT IS GRANTED, YOU MAY LOSE lHE RIGHT TO ClAIM /J.NY OF lHEM. YOU SHOULD TAKE lHlS PAPER TO YOUR AlTORNEY AT ONCE IF YOU DO NOT HAVE AN AlTORNEY OR CANNOT AFFORD ONE, GO TO OR TELEPHONE lHE OFFICE SET FORTH BElOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Ca.rt I>dninIslrator CurtJer1cn:t COU1ly Ca.rt House Fcu1h FIoa Ca1isle, PA 17013 Telephal6: (717)2406200 -- .,.. it; IJ~ t:: j3: ", (~ -', ut('" );. C)(' \ " u:. LL ,~:I ~i~ c; e:. ..' j~. !"... <_'J' I , LULl. -- .- =.!!tL 0- : . ~I i I-I \.:--' LJ.' ::.:,0.: r-= Ul ,', L1. 1-' ::) 0 en u ..' '- . -..... " Uo ~ ~ >- o. ~ ~ ~ ~ (T: C ~.:: ~ ~: .".. " ~ , ,.' ~C' .::t <..};.; ~ ~ ._( "- I::. '-'... u.. Q I" Ll_( .::~~ \ C I (..' CO :::.~ ir) '-j "" 0" I ,f~< t.:..,(. -', l- I;i [~j ~ "It u: - ~ (, c..; .<I~ '.. '":.J ~ ". L1. t"- ,.' . \:i 0 C" 0 l' .,.. ~