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HomeMy WebLinkAbout97-03723 '1 ~ - \.1 ::> - t() ~ t"'- ~ , t--- ~ ~ / ... PROPERTY SETTLEMENT AGREEMENT THIS AGREEMENT, made this U7(day of~, 1998, by and between JENNIFER A. BOLES of61 Beacon Drive, Williamsburg Estates, Harrisburg, Dauphin County, Pennsylvania, (hereinafter referred to as WIFE), and WILLIAM A. BOLES of Cumberland County, Pennsylvania (hereinafter referred to as HUSBAND), WIT N E SSE T H: WHEREAS, HUSBAND and WIFE were lawfully married on December 16, 1992 in Camp Hill, Pennsylvania; and WHEREAS, one child was born of the marriage namely, Sierra, bom January 24, 1994; and WHEREAS, differences have arisen between HUSBAND and WIFE in consequence of which they have decided to obtain an amicable divorce; and WHEREAS, HUSBAND and WIFE declare that they have each had a full and fair opportunity to obtain independent legal advice of counsel of their selection. WIFE has been independently represented by Herschel Lock, Esquire and HUSBAND has been independently represented by Jennifer L. Lehman, Esquire, Each party further declares that each is executing this Agreement freely and voltmtarily, having obtained such knowledge and disclosure of their respective legal rights and obligations and that each acknowledges this Agreement to be fair and equitable and is not the result of any fraud, coercion, duress, undue influence or collusion. NOW, THEREFORE, in consideration of the prcmises 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: SECTION A. GENERAL PROVISIONS A.l SEPARATION: It shall be lawful for each party at alltimcs hcreaftcr to live separate and apart from the other party at such place as he or shc may from timc to time choosc or deem lit. The foregoing provision shall not be taken as an admission on the part of eilher party of the lawfulness or unlawfulness of the causes Icading to Iheir living apart. Each party shall bc free from interference, authority, and contact by the other, as fully as if he or she were single and unmarricd. except as may be necessary to carry out the provisions of this Agrcement. Neithcr party shall molesl the other or attempt to endeavor to molestlhe other, nor compel the other to cohabit with the othcr, or in any way harass or malign the other, nor in any way intcrfere wilh the peaceful existence, separate and apart from the other. A.2 MUTUAL CONSENT DIVORCE: The parties hereby acknowledge that WIFE has tiled a Complaint in Divorce in Cumberland County to docket number 97-3723 Civil Tenn, claiming thai the marriage is irretrievably broken under Ihe no-fault mulual consent provision of Seclion 3301(c) of the Pennsylvania Divorce Code. HUSBAND hereby expresses his agreement that the marriage is irretrievably broken and expresses his intent to exccule any and all affidavits or other documents necessary for the parties to obtain a divorce pursuant to Section 330 I (c) of the Divorce Code. Said documents shall be executed by both parties contemporaneous with Ihe execution of this Agreement. The parties hereby waive all rights to request Court-ordered counseling under the Divorce Code. It is further specifically understood and agrccd by thc parties that Ihe provisions of this Agreement relating to equitable distribution of properly of the parties are acceptcd by each party as a final settlement for all purposes whatsoever, as contemplated by the Pennsylvania Divorce Code. This Agreement shall not, however, be contingcnt upon thc granting of a divorce in this case. 2 A.3 EFFECT OF DlVOI~CE J)ECREE: Thc partics agrcc Ihm unlcss olhcrwisc spccifically provided hcrcin, this Agrccmcnl shall continuc in lilll forcc ,lIld cffcct aftcr such limc as a final Decree in Divorce may bc cntcred with rcspcct to thc partics. A.4 DISTRIBUTION J)A TE: The transfer of propcrty, funds and/or documcnts providcd for herein, shall only take place on the "distribution datc" which shall bc dctincd as thc datc of execution of this Agreement unless olherwise specificd hercin. Howevcr. thc support and/or alimony payments, if any, provided for in this Agreement shall take cffcct as sct forth in this Agrcemcnt. A.S EXECUTION DATE: The phrase "date of execution" or "exccution date" of this Agreement shall be defined as the date upon which the last party signcd Ihis Agrecmcnt. A.6 MUTUAL RELEASE: HUSBAND and WIFE each do hcrcby mUlually rcmise, release, quitclaim and forever discharge Ihe other and the estate of such other, for all time to come, and for all purposes whatsoever, of and from any and all rights, litle and interesls, or claims in or against the property (including income and gain from propcrty hercafter accruing) of the other and against the estate of such other, of whatever nature and whercsoever situate, which hc or she now has or at any time hereaftcr may have against such other, the estate of such other or any part Ihereof, whether arising out of any fonner acts, contracts, engagements or liabilities of such other or by way of dower or curtsey, or claims in the nature of dower or curtsey or widow's or widower's rights, family exemption or similar allowance, or under the intestate laws. or the right to lake against the spouse's will; or the right to treal a lifetime conveyance by the othcr as lcstamentary. or all other rights of a surviving spouse to participatc in a deceased spouse's cstate, whether arising under Ihe laws of (a) Pennsylvania, (b) any Statc, commonwealth, or tcrritory of the United States. or (c) any other country, or any rights which either party may have or at any time hereinafter have for past. present. or fUlure support or mainlcnance, alimony. alimony pendente lite. counsel fees. costs or cxpenses, whether arising as a result of the marital relation or olherwise, cxcept. and only except, 3 all rights and agrccmcnts and obligations of whatsocvcr naturc arising or which may arisc undcr this Agrcemcnt or for thc brcach of any thcrcof. It is thc intcntion of HUSBAND nnd WIFE to givc 10 ench othcr by thc cxccution of this Agrccmcnt n full, complctc, nnd gcncral relcasc with rcspcctto any and all property of any kind or mllurc, rcal, pcrsonal or mixcd. which thc othcr now owns or mny hcreafter acquire, except and only cxccpt all rights and agrccmcnts and obligntions of whatsocvcr nature arising or which may arisc undcr this Agreemcnt or for thc brC.ICh of nny Ihcrcof. A.7 WARRANTY AS TO EXISTING OBLIGATIONS: During thc coursc of Ihc marriage, WIFE and HUSBAND have incurrcd certain liabilities and it is hcrcby agrccd, without thc necessity of ascertaining for what purpose and to whosc use each ofthc bills was incurrcd.that of Ihe liabilities which wcrc incurrcd prior to the date of the cxccution of Ihis Agreemenl. WIFE and HUSBAND each covenants, represents, warrants and agrees that. except as may be otherwisc specifically provided for by the terms of this Agreement, as of Ihc datc of cxeculion of this Agreement, no unpaid liabilities remain which were incurred by him or her or on his or her behalf for which the other party may be deemed liable. and. if any such dcbts or obligations should be determined to have existed as of thc date of cxccution of this Agreement, except as set forth below. thc party who incurred that debt shall indemnifY and hold the other party harmless from and against any loss or liability and coslS or expense, including attorncy's fees, incurred as a reSUll of those liabilities. In the event that WIFE or HUSBAND does not pay when duc any such bills. obligations or debts, the other party shall have the right, but not the obligation to pay such bills, obligalions or debls. If one party pays such bills, obligations or debts which the other party is obligated to pay pursuant to this paragraph after giving the defaulting party livc days \\Tittcn noticc, the party making the payment shall be entitled 10 receive reimbursement from the othcr party nOl only for payments made, but also for any related costs. including attorneys' fccs. 4 SECTION C. SPOUSAl. SUPPORT. ALIMONY. COUNSEl. FEES & COSTS C.l WAIVER OF SEPARATE MAINTENANCE: Both parties acknowledge and agree that the provisions of this Agreement providing for equitable distribution of marital property arc fair, adequate and satisfactory to them and arc accepted by them in lieu of and in full and final settlement as satisfaction of any claims or demands that either may now or hereinalier have against the other for support, maintenance, alimony pendente lite or alimony. HUSBAND and WIFE further, voluntarily and intelligently, waive and relinquish any right to seek from the other any payment for support or alimony. C.2 COUNSEL FEES AND EXPENSES: Each party agrees to be solely liable for the payment of his or her own counsel fees, costs and expenses. SECTION D. EOUITABLE DISTRIBUTION OF PROPERTY D.l CONSIDERATIONS FOR EOUlTABLE DISTRIBUTION: The parties have attempted to distribute their marital property in a manner which conforms to the criteria set forth in Chapter 35 of the Pennsylvania Divorce Code, and taking into account the following considerations: the length of the marriage; the fact that it is the WIFE'S first marriage and the HUSBAND'S first marriage; the age, health, station. amount and sources of income. vocational skills, employability, estate, liabilities and needs of each of the parties; the contribution of each party to the education, training or increased earning power of the other party; the opportunity of each party for future acquisitions of capital assets and income; the sources of income of both parties, including but not limited to medical, retirement, insurance or other benefits; the contribution or dissipation of each party in the acquisition, preservation, depreciation or appreciation of the marital property, including the contribution of each spouse as a homemaker; the value of the properly set apart to each party; the standard of living of the parties eSlablished during the marriage; and the economic circumstances of each party at the time the division of property is to become effcctive. 6 SECTION E. MISCELLANEOUS PROVISIONS E.l DEPENDENCY EXEMPTIONS: Thc partics agrcc that HUSBAND and WIFE shall allcmale claiming Sicrra as a tax cxcmption until such timc as a formal ordcr for support of Sicrra may bc entered. HUSBAND shall claim Sicrra for odd numbcrcd tax ycars, and WIFE shall claim Sicrra for evcn numbcrcd tax yeurs. Both purtics agrcc, if ncccssury, to executc IRS Form 8332 or any substitute forms in ordcr to reflcct this agreement. E.2 MARITAL DEBT: The parties acknowledge that they huve consumer debt in thc approximate amount of Twelve Thousand ($12,000.00) Dollars. Thc parties agree to allocate responsibility for repayment of this debt as follows: HUSBAND shall be responsible for the repayment of the Chase, Discover, and Citibank credit cards, which balances total approximately Four Thousand, Four Hundred ($4,400.00) Dollars. WIFE shall be responsible for the repayment of the Toys URn Us, Consumer's Edge, Sears and Household credit cards, which total approximately Five Thousand, Five Hundred ($5,500.00) Dollars. The parties agree to divide the balance owed on the Bank of America charge card so that WIFE will be responsible for paying Four Hundred, Twenty-Seven ($427.77) Dollars and.77 Cents and HUSBAND will be responsible for paying One Thousand, Five Hundred Seventy ($1,570, 77) Dollars and.77 cents. HUSBAND and WIFE will indemnify and hold each other harmless for any damages the other may occur as a result of their respective nonpayment of any of the above obligations. Lastly, the parties agree that all of the above accounts will be closed out and that each party will do whatever they can to transfer the balances for which they are responsible for payment into their individual respective names. E.3 DEBT OF HUSBAND'S SISTER: The parties acknowledge thai HUSBAND's sister had made charges on a credit card which is held in thc name of both parties. To the best of the 9 (') .0 0 ~-:; ':'U "01 " -" -;;1 -:J' ", ,',. ;';:'!J rll '.':J -..--' J; "',) 1'-' "_, ...0 1':' .-. "J '. ..., . (....: -.'. ' )-- ".'.C) . . ~",nl ') -- ::-i ~:-4 ~" ?,:j -.:. .r. -< r- ,0 0 ~.~ Q:l --11 -., -:l l.'i;c. 'f"' " ::n ::,J - ,'- N .j~1 <.>-' ',9 ~~o .. ''0 0-'\ .-..,l ~'\: "I-- A) , (' ofn ~... r.y :::! c". ,',-) ':.'" ~ry - -< -, .~ 8. Plaintiff has been advised of the availability of counseling, and understands that she has the right to request the Court to require the parties to participate in counseling. WHEREFORE, Plaintiff respectfully requests the Court to enter a Decree in Divorce. COUNT I CUSTODY 9. The prior paragraphs of t~is Complaint are incorporated herein by reference thereto. 10. The parties are the parents of the following unemancipated child who resides with the Plaintiff: NAME DATE OF BIRTH. AGE 3 sierra B.J. Boles January 20, 1994 11. During the past five years, the child has resided with the parties and the addresses herein indicated: PERSON ADDRESS DATE William & Jennifer 23 Adams Street 1/20/94 - Boles Enola, PA 17025 4/15/97 Jennifer Boles 23 Adams Street 4/15/97 - Enola, PA 17025 6/28/97 Jennifer Boles 61 3eacon Drive 6/28/96 - Harrisburg, PA Present 12. Plaintiff has not participated in any other litigation concerning the child in this or any other state. 13. There are no other proceedings pending involving custody of the child in this or any ot~er state. 14. Plaintiff know of no person not a party to these Ci) . ,.~ - ,,' ,~..-t". '\~:~:C r,_ t', '-v. I. J_ r'h"_. ,_ f'-'-"-~Y -. :.. .' ...J,i., 01 ,"I ~ .....~ . ..... 1'" r.. 1[1 'I i .,.; . . c,;~':,' .- ,.'. 1 ..". ".- , . ;:'~ t ( " " .... '/7$. sO .t.o(,)' S'a~ '- .;20.00 - ~cf..y. !{;)oc.s-o . 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