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HomeMy WebLinkAbout97-03597 . Green Sep Agt/10.l.97/11.13.97 SEPARATION AGREEMENT THIS IS AN Agreement made this \ 1 tk-. day of ~ , 1997, by and between D. William Green, of 499 West Old York Road, Carlisle, Cwnberland County, Pennsylvania, (hereinafter referred to as Husband) and Linda C. Green, of 12 Earl Street, Boiling Springs, Cwnberland County, Pennsylvania, (hereinafter referred to as Wife) . WHEREAS, Husband and Wife were married on December 24, 1973, in Hanover, Adams County, Pennsylvania; and WHEREAS, various differences have arisen between Husband and Wife, whereby they have been living separate and apart since June 6, 1997; and WHEREAS, the parties have agreed to maintain separate and permanent domiciles and to live apart from each other; and WHEREAS, the parties desire to enter into an amicable settlement to provide for all of the property rights of the parties and to dispose of the rights and obligations of each to the other in respect to support, maintenance, alimony, counsel fees, equitable distribution, and all other rights and obligations under the Divorce Code of 1980, as amended, and it is the intention and agreement of the parties that this Agreement be a full, complete and final settlement of all of those rights and obligations under said Divorce Code; and NOW, THEREFORE, for and in exchange of mutual considerations, and intending to be bound by the provisions hereof, the parties agree that their recitals form a part of this Agreement and waive any right to counseling under the Divorce Code of 1980, as amended, and right to counsel fees, costs, alimony, support, maintenance, and any other rights under the said Divorce Code not provided for herein and agree as follows: 1. SEPARATION. The parties agree that it shall be lawful for each party, at all times hereafter, to live separate and apart from the other, at such place or places as he or she may, from time to time, choose or deem fit. Each party shall be free from interference, authority or contact by the other, as fully as if he or she were single and unmarried. 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 the other. 2. REAL ESTATE. Husband and Wife jointly own the marital residence located at 499 West Old York Road, Carlisle, Cumberland County, Pennsylvania (the "Property"). The Property presently has an outstanding mortgage in favor of Farmers Trust Company and a home equity mortgage also with Farmers Trust Company. The parties agree that the Property shall be deeded 1:0 Husband under and subject to the foregoing mortgages. Further, Husband shall execute a mortgage in favor of Wife in the face amount of $200,000.00, at no interest, the same to be paid upon the earlier of the sale or other transfer of the Property or the death of Husband. Husband shall solely bear the financial responsibility for the property including making all mortgage payments, payment on taxes, assessments, insurance, and the cost of maintenance on the marital residence. Husband shall inderrmify and hold Wife harmless as a result of any damages, indirect or consequential, including legal fees, arising out of Husband's failure to pay the obligations as set forth herein. Notwithstanding the face amount of the mortgage to be granted to Wife by Husband hereunder, the amount to be paid upon the earlier of the sale or other transfer of the Property or the death of Husband shall be the lesser of: A $200,000.00, on the one hand, or B. (1) in the event of a sale, one-half (~) the net proceeds of such sale, or (2) in the event of Husband's continued ownership of the Property at the time of his death, one- half (~) the value of the Property as appraised fer inheritance tax purposes in Husband's estate, on the other hand. The parties acknowledge that the mortgage to be granted to Wife by Husband shall be a third lien on the Property, inferior in lien status to the mortgages in favor of Farmers Trust Company as set forth above. The parties further acknowledge the Husband may desire to pay dO\oln or payoff one or both such mortgages in favor of Farmers Trust Company and then or later refinance the same or incur debt using the Property as collateral. In any such event, Wife, intending to bind hersel f, her heirs, successors and assigns, agrees to subordinate the lien of the mortgage to be granted to Wife by Husband hereunder to the lien (s) of any such financing obtained by Husband, so long as the total indebtedness of Husband to be secured by one or more such liens on the Property shall not exceed $100,000.00. Alternatively, in the event Husband wishes to secure one or more loans in excess of $100,000.00 in the aggregate using the Property as collateral, Wife agrees to subordinate the lien of the mortgage to be granted to Wife by Husbandhereunder to the lien(s) of any such financing obtained by Husband, so long as the total indebtedness of Husband to be secured by one or more such liens on the Property. to which Wife's lien shall be subordinate, shall not exceed one-half (~) of the total value of the Property as established by independent appraisal of the Property. Husband shall procure and maintain a policy of fire insurance with standard extended coverage endorsements on a replacement basis for the full insurable value covering all improvements on the Real Property in an amount sufficient to avoid application of any coinsurance clause, and with a standard mortgagee clause in favor of Wife. Husband shall deliver to Wife certificate of coverage from such insurer. 3. AUTOMOBILES. Wife shall have as her sole and exclusive property, title to and possession of the 1989 Chevrolet Blazer. Husband shall have has his sole and exclusive property, title to and possession of the 1988 Chevrolet 55. Each party shall indemnify and hold the other harmless from any liability on any loan, if any, encumbering the vehicle, cost of repairs, maintenance, registration, insurance and/or inspection of the vehicle, which each is taking as her/his sole and exclusive property. 4. PERSONAL PROPERTY. The parties have divided or have agreed to a divi~ion of their personal property which includes bank accounts, farm equipment, certificates of deposit, life insurance policies, jewelry, clothing, furniture and other personal items. After the aforesaid division of the personal property is complete, any and all property in the possession of Husband shall be his sole and separate property. Any and all property in the possession of Wife shall be her sole and separate property. Each party forever renounces whatever claims he/she may have with respect to the property which the other is taking. Each party understands that he/she has no right or claim to any property acquired by the other after the signing of this Agreement. 5. PENSION/RETIREMENT PLANS, Wife hereby releases any and all claims or demands she may have on Husband's pension or retirement plans. Husband hereby releases any and all claims or demands he may have on Wife's pension or retirement plans. 6. DEBTS. Husband shall be responsible for and pay on the joint MasterCard obligation and shall indemnify and hold Wife harmless from any claims made against Wife for Husband's failure to pay on said obligation. Wife's name shall be removed from the MasterCard obligation by Husband. The parties represent and warrant to each other that neither has incurred any other debts nor made any other contracts for which the other or his/her estate may be liable, from date of separation forward. Neither party shall contract nor incur any debtor liability for which the other or his/her property or estate might be responsible and agrees to indemnify the other from any claims made against the other because of debts/obligations not incurred by the other. 7. ALIMONY, ALIMONY PENDENTE LITE, SUPPORT OF SPOUSE. The parties waive any and all right to receive from the other any payment of alimony, alimony pendente lite, and/or spousal support. 8. EFFECTIVE DATE. The effective date of this Agreement shall be the date of execution by the parties if they had each executed the Agreement on the same date. Otherwise, the execution date of this Agreement shall be defined as the date of execution by the party last executing this Agreement, 9. DIVORCE. The parties agree that should either party file a Complaint in Divorce, claiming that the marriage is irretrievably broken under the no- faul t mutual consent provision of Section 3301(c) of the Pennsylvania Divorce Code, then both parties agree 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 including waiver of all rights to request Court ordered counseling. It is agreed and understood between the parties that in the event a divorce proceeding is filed by either party in any other jurisdiction, that the parties shall not contest, but instead consent to such proceedings and shall execute any and all documents necessary so as to proceed with and obtain an absolute and final divorce. 10. INCORPORATION INTO DECREE. Should a decree, judgment or order of separation or 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 its covenants shall not be affected in any way by any such separation or divorce; and that nothing in any such decree, judgment, order or further modification and revision thereof shall alter, amend or vary any term of this Agreement, whether or not either or both of the parties shall remarry, it being understood by and between the partes hereto that this Agreement shall survive and shall not be merged into any decree, judgment, or order of divorce or separation. It is specifically agreed, however, that a copy of this Agreement or the substance of the provisions thereof, may be incorporated by reference into any divorce, judgment or its decree. This incorporation, however, shall not be regarded as a merger, it being the specific intent of the parties to permit this Agreement to survive any judgment and to be forever binding and conclusive upon the parties. 11. MUTUAL RELEASE. Husband and Wife do hereby mutually remise, release, quit claim or forever discharge the other and the estate of such other, for all time to come, and for all purposes whatsoever, from any and all rights, title and interest, or claims in or against the estate of such other, of whatever nature and wherever situate, which he or she now has or at anytime 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 of claims in the nature of dower or curtesy, or 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 or other rights of the surviving spouse to participate in a deceased spouse's estate, whether arising under the laws of Pennsylvania, any state, commonwealth or territory of the United States, or any other country or any right which either party may now have or at anytime 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 provision thereof. It is the intention of Husband and Wife to give to 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. 12. COUNSEL FEES. Each party individually covenants and agrees that he or she will individually assume the full and sole responsibility for legal expenses for his or her attorney and court costs in connection with any divorce action which may be brought by either party and shall make no claim against the other for such costs or fees. 13. ADDITIONAL INSTRUMENTS. Each of the parties shall, from time to time, at the request of the other, execute, acknowledge and deliver to the other party any and all further instruments or documents that may be reasonably required to give full force and effect to the provisions of this Agreement. 14. MODIFICATION OR WAIVER. A modification or waiver of any of the provisions 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 the 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. 15. ENTIRE AGREEMENT. This Agreement contains the entire understanding of the parties and there are no representations, warranties, covenants or undertakings other than those expressly set forth herein. 16. SEPARATE PARAGRAPHS. It is specifically understood and agreed by and between the parties thereto that each paragraph hereof shall be deemed to be a separate and independent agreement. 17. 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 or seek such other remedies or relief as may be available to him or her and the party breaching this Agreement shall be responsible for payment of legal fees and costs incurred by the other in enforcing the rights under this Agreement, or in seeking such other remedies or relief as may be available to him or her. 18. CONTROLLING LAW. This Agreement shall be construed under the laws of the Commonwealth of Pennsylvania, 19. INVALIDITY OF PROVISIONS. 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. 20. BINDING NATURE. Except as otherwise set forth herein, this Agreement shall be binding and shall inure to the benefit of the parties hereto and their respective heirs, executors, administrators, successors and assigns. IN WITNESS WHEREOF, the parties have hereunto set their hands and seals the day and year first above written. .~ /' IJ /k/~~-- D. William Green a,^ . ~reC~ COMMONWEALTH OF PENNSYLVANIA ss COUNTY OF CUMBERLAND On this, theJ7J/J day of ,1997, before me, the undersigned officer, personall William Green, known to me (or satisfactorily proven) to be the persons whose names are subscribed to the within instrument, and acknowledged that they executed the same for the purpose therein contained, IN WITNESS WHEREOF, I have hereunto set my hand and notarial seal. r{l'A'A () ~L1~cu1 l_ ~UbliC NOlanal Seal 1 rlcrn 0 ECkenroad, Notary Public C~dl5lft Bora. Cumberland County My CommiSSion E,plres Ckt. 23. 2000 LINDA C. GREEN, Plaintiff v IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 97-3597 CIVIL TERM D. WILLIAM GREEN, Defendant CIVIL ACTION - LAW 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 for Divorce. Irretrievable breakdown under S3301(c) 3391(&)(1) of the Divorce Code. (strike out inapplicable section). 2. Date and manner of service of the complaint: Julv 5. 1997 - certified mail - restricted delivery 3. complete either paragraph (a) or (b). (a) Date of execution of the affidavit of consent required by S3301(c) of the Divorce code: by plaintiff November 17, 1997 by defendant November 20. 1997 (b) (l)-Date of execution of the affidavit required by S3301(d) of the Divorce Code: ; (2) Date of filing and service of the plaintiff's affidavit upon the respondent: 4. Related claims pending: provisions of Seoaration Aareement dated \. November 17. 1997 5. Complete either (a) 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 waiver of Notice with the Prothonotary: December 10. 1997 Date defendant's Waiver of Notice with the Prothonotary: December in S3301(c) Divorce was filed in S3301(c) ~ Divorce was filed Christopher C, Houston, Esquire Attorney for Plaintiff 52 West Pomfret Street Carlisle, PA 17013 717-241-5970 LINDA C. GREEN, . IN THE COURT OF COMMON PLEAS OF . Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA v . CIVIL DIVISION - LAW . D. WILLIAM GREEN, 97- ~5~7 CIVIL TERM Defendant . . IN DIVORCE COMPLAINT Plaintiff, Linda C. Green, by her attorneys, Christopher C. Houston, Esquire, sets forth the following: 1 Plaintiff, Linda C. Green, is an adult individual residing at 12 Earl Street, Boiling Springs, Cumberland County, Pennsylvania. 2 Defendant, D. William Green, is an adult individual residing at 499 West Old York Road, Carlisle, Cumberland County, Pennsylvania. 3 The parties were married on December 24, 1973, in Hanover, Adams County, Pennsylvania. 4 Plaintiff and Defendant have lived continuously in the Commonwealth of Pennsylvania for at least six months prior to the commencement of this action. 5 This action is not collusive. I verify that the statements in the foregoing pleading are true and correct. I understand that false statements herein are made subject to the penalties of 18 PaCS 4904 relating to unsworn falsification to authorities. ,~ ~~~- LI DA C. GREEN .... J I:' - >.- ~ vj "l 5 .:> J) '" lD 'n f' -"> -- D- "" g 00~ 'T'- ~ .... I.!} ( i I, " " ( , ... , (-" , J ..... I L- , ,- . I' e.. : C, C'" (_J .. 0 R: J 'CamplIl' t1,tl'II I 1n($!0I2 tot addiliooal"MCn . lComplll. Il'ml3, <I,. and "b. I . Prine your name and.deb.. on tht .......,... 0' thi,tonn 10 thai w. can tlllmlN, card 10 )'Qu. 'AnKh thI, form to 1M frorc of lhI mallpitoI, 01 on the bide illplOl dot, not po""" I 'Wlltl 'Rerum Rtc*pI Rlquett<<1. on the mdpitet below the.rUeI. nurrbef. ti -The RIfLWrl RQpI llli'lhowlo whom 1hIlltld, """ dailvlred IIndth, cUI. S doI~lIod, j a. g 3, MeI. Addr...odIO: D WILLIAM GREEN 499 W OLD YORK RD CARLISLE PA 17013 P 492 352 030 4b. S.rvlc. Typ. o R.gl.I.,.d lIlI Certlfi.d o Expr... Mall 0 In.urod o Relum Rllalipllor Morchandse 0 COD 7, Oat. of D.llv.ry -5-'l~1 a, Addr.....'s Add,... (Only II ,eqU.Sled SlId f.. is paid) I silO wI.h 10 /Bc.lv.th. following '.Me.. (for an .xtral..): 1,0 Add'.....'s Addr... ~ 2.lllI Rssll1c1od D.llvery j Consult po.lmssl., for f.., 1;. 48, MeI. Numbsr 1 II: E a .. II: co c .. " ~ " o >- ~ 5, R.c.lv.d By: (Print NBm(J) ~ 6. Slgnaluro: (Addrs".. g.nt) (/( ~ X '-.!/,l/A - /~ .! ~.. . tI PS Form 3811, D.c.mb.r 1994 102595," B 017' Domestic Retum Receipt ..