HomeMy WebLinkAbout97-03733
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MARRIAGE SETTLEMENT AGREEMENT
THIS AGREEMENT, made this .;? G day of tZujM4--C- , 1997, by
and between Richard L. Etter, Jr" of 508 South West Street, Carlisle, Cumberland County,
Pennsylvania, 17013 hereinafter referred to as "HUSBAND", and Stephanie J, Etter, of P.
0, Box 44, York-New Salem, Pennsylvania 17403, York County, Pennsylvania, hereinafter
referred to as "WIFE,"
WITNESSETH:
WHEREAS, Husband and Wife were lawfully married on November 2, 1996, at Las
Vegas, Nevada; and
WHEREAS, differences have arisen between Husband and Wife in consequence
of which they are living separate and apart from each other; and
WHEREAS, Husband and Wife have made a full disclosure of their assets to each
other; and
WHEREAS, Husband and Wife desire to settle and determine their rights and
obligations with respect to each other, including the disposition and distribution of property
rights and interests between them; and
WHEREAS, there are no children born of the parties,
NOW, THEREFORE, the parties intending to be legally bound hereby, do covenant
and agree:
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1. SEPARATION, It shall be lawful for each party at all times hereafter to continue
to live separate and apart from the other party at such places as he or she may from time
to time choose or deem fit. The foregoing provisions shall not be taken as an admission
on the part of either party of the lawfulness or unlawfulness of the causes leading to their
living apart,
2, INTERFERENCE. Each party shall be free from interference, authority, and
contact by the other, as fully as if he or she were single and unmarried except as may be
necessary to carry out the provisions of this Agreement. 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,
3, WIFE'S DEBTS, Wife represents and warrants to Husband that since the
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
harmless Husband from any and all claims or demands made against him by reason of
debts and obligations incurred by the Wife prior to the date of the delivery of this
Agreement, and all further debts incurred by the Wife from and after the date of delivery
hereof, shall be the Wife's individual responsibility.
4, HUSBAND'S DEBTS, Husband represents and warrants to Wife that since the
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 harmless Wife
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from any and all claims or demands made against her by reason of debts or obligations
incurred by the Husband prior to the date of delivery of this Agreement, and all further
debts incurred by the Husband from and after the date of delivery hereof, shall be the
Husband's individual responsibility,
5, JOINT DEBTS, The parties acknowledge that there is no joint indebtedness,
6, MUTUAL RELEASE, Subject to the provisions of this Agreement, each party has
released and discharged, and by this Agreement does for himself or herself, and his or her
heirs, legal representatives, executors, administrators, and assigns, release and discharge
the other of and from all causes of action, claims, rights, or demands, whatsoever in law
or equity, which either of thfl parties ever had or now has against the other, except any or
all cause or causes of action for divorce and except for any or all causes of action for
breach of any provision of this Agreement.
7, DISCLOSURE OF PROPERTY, Husband and wife acknowledge and agree that
they have made a full and complete disclosure to the other of all information pertaining to
the parties' separate and marital property owned, possessed and/or controlled by the other
at the time of the separation of the parties and, further, that the Husband and Wife
voluntarily and intelligently agree to waive any rights which they may have to receive an
inventory and appraisement of all property owned or possessed by them either jointly or
individually, at the time of the delivery of this Agreement or of the commencement of any
action in divorce,
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8, DIVISION OF PERSONAL PROPERTY, It is understood and made a part of this
Agreement that all items of tangible and intangible personal property including all contents
of the marital home, household goods, furniture, personal effects and bank accounts have
been divided between and to the mutual satisfaction of both parties, and each party hereby
releases the other from any and all claims they may have on any and all such property
presently in the possession of the other party unless provided otherwise by the terms of
this Agreement. It is agreed that each party shall from and after the date of this Agreement
be the sole and separate owner of all such tangible personal property presently in his or
her possession, This Agreement shall have the effect of an assignment or bill of sale from
each party to the other for such property as may be in the individual possession of each
of the parties,
Neither party shall make any claim to any such items of marital property, or of the
separate personal property of the party, which are now in the possession and/or under the
control of the other, Should it become necessary, the parties each agree to sign, upon
request, any titles or documents necessary to give effect to this paragraph,
All property shall be deemed to be in the possession or under the control of either
party if, in the case of tangible personal property, the item is physically in the possession
or control of the party at the time of the signing of this Agreement, and in the case of
intangible personal property, if any physical or written evidence of ownership, such as
passbook, checkbook, policy or certificate of insurance or a similar writing is in the
possession or control of the party,
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From and after the date of the signing of this Agreement, both parties shall have
complete freedom of disposition as to their separate property and any property which is
in their possession or control pursuant to this Agreement and may mortgage, sell, grant,
convey, or otherwise encumber or dispose of such property whether real or personal,
whether the property was acquired before, during or after marriage, and neither Husband
or Wife need join in, consent to, or acknowledge any deed, mortgage, or any other
instrument of the other pertaining to such disposition of property unless provided otherwise
by the terms of this Agreement.
9, FORKLIFTS, INC, Husband shall retain and be the sole owner of any and
all right, title and other interest in all stock, assets, earnings, profits, corporation and
business known as Forklifts, Inc" free and clear of any right, title and interest of Wife
whatsoever, The parties agree that the foregoing ownership interest of Husband is
considered and deemed non-marital property in accordance with Section 3501 of the
Divorce Code, Wife further agrees to execute and deliver, upon request, any and all
documentation necessary to acknowledge and effect Husband's full and exclusive
ownership of the aforementioned business interests and give full force and effect to this
paragraph,
9, AUTOMOBILES, Wife is the owner of a 1995 Camara Z-28 automobile which
the parties agree shall remain in the sole and exclusive ownership of Wife, The parties
agree that the 1991 BMW and Husband's personal pick-up truck shall be, become and
remain the sole and exclusive property of Husband, Each party shall respectively assume
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responsibility for any and all obligations, liens, and encumbrances with respect to each
vehicle, including maintenance and insurance thereon, Each party agrees to indemnify
and hold the other harmless from any further liability and/or responsibility with regard to
said automobiles,
10, RETIREMENT BENEFITS, Each party is employed and through employment
has become entitled to participate in or will become entitled to participate in a retirement
benefits program maintained by the respective employers of the parties, Each party does
hereby waive, release and relinquish any interest which he or she may have in any
pension or retirement interest of the other party, whether such retirement interest be
vested or not yet vested, In the event the sponsor of any retirement program of either of
the parties shall require further evidence of the waiver of spousal interest, the party so
waiving spousal interest under the terms of this Agreement agrees that he or she shall
execute, upon request, any document intended to evidence his or her waiver of spousal
interest.
11. 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,
12, MODIFICATION AND WAIVER. The 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 strict
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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,
13, DESCRIPTIVE HEADINGS, The descriptive headings used herein are for
convenience only, They shall have no effect whatsoever in determining the rights or
obligations of the parties,
14, INDEPENDENT SEPARATE COVENANT, 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.
15, APPLICABLE LAW, This Agreement shall be construed under the laws of the
Commonwealth of Pennsylvania,
16, VOID CLAUSE. 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,
17, ENTRY AS PART OF THE DECREE, Wife has initiated an action in divorce
under Section 3301 (c) or 3301 (d) of the Pennsylvania Domestic Relations Code, filed in
Dauphin County to No,., It is the intention of the parties that the within Agreement shall
survive the aforementioned action for divorce, and that no order, judgment or decree,
temporary, interlocutory, final or permanent shall affect or modify the financial terms of this
Agreement. Both parties agree to execute Affidavits of Consent for the purpose of entry
of a Divorce Decree under Section 3301 (c) of the Pennsylvania Domestic Relations Code.
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This Agreement shall be made part of any such judgment or decree of final divorce, but
shall not be merged therein, it being the intent of the parties that, in the event of a breach
of this Agreement by either party, the non-breaching party shall have the option of the
enforcement of the terms of this Agreement either by resort to the enforcementtheraof
under the provisions of the Pennsylvania Domestic Relations Code or by means of a
separate legal action for damages or equitable action for enforcement of the Agreement
as a contract. Wife agrees to provide to Husband, at her expense, a certified copy of the
final Decree in Divorce,
18, VOLUNTARY EXECUTION, HUSBAND acknowledges that Stanley J,A,
Laskowski, Esquire, has acted as legal counsel to him in connection with the negotiation
and preparation of this Marriage Settlement Agreement. Wife acknowledges that she has
not secured legal counsel in connection with the negotiation and preparation of this
Marriage Settlement Agreement; however, she does acknowledge that she has sufficient
formal education to read and comprehend the English language, that she has read the
within Marriage Settlement Agreement and has had full opportunity to have the same
reviewed by an attorney of her choice, Both parties acknowledge and represent that they
have thoroughly read the provisions of this Marriage Settlement Agreement and do
understand the full legal effect thereof, especially with regard to the fairness and equitable
nature of the distribution of marital property between them and the disclaimer of any
alimony by either party, Both parties acknowledge that their execution of this Agreement
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5. Date and manner of service of the notice of intention to
file praecipe to transmit record, a copy of which is attached: Not
applicable.
Date Plaintiff's Waiver of Notice under Section 3301 (c)
was filed with the Prothonotary: October 29, 1997.
Date Defendant's Waiver of Notice under Section 3301(c)
was filed with the Prothonotary: January 15, 1998, by U. S. Mail.
6, The parties have executed a Marriage Settlement
Agreement, dated August 26, 1997, which Agreement has been filed of
record at the within term and number, and which Agreement is
requested to be incorporated in the final Decree in Divorce, but
not merged therein,
Date:
/15 ('7'6
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Attorney fo
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Plaintiff
Defendant
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vs,
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
No, 97-3733 CIVIL TERM
RICHARD L, ETTER, JR"
Plaintiff
STEPHANIE J, ETTER,
Defendant
CIVIL ACTION - LAW
IN DIVORCE
AFFIDAVIT OF CONSENT AND WAIVER OF COlmSELING
I, RICHARD L, ETTER, JR" being duly sworn according to law,
deposes and says:
1. A Complaint in Divorce under Section 3301 (c) of the
Divorce Code was filed on July 10, 1997.
2. The marriage of Plaintiff and Defendant is irretrievably
broken and ninety (90) days have elapsed from the date of filing
and service of the Complaint,
3. I consent to the entry of a final Decree of Divorce after
service of notice of intention to request entry of the Decree.
4. 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.
5. I have been advised of the availability of marriage
counseling and understand that I may request that the Court require
that my spouse and I participate in counseling; I understand that
the Court maintains a list of marriage counselors in the Domestic
Relations Office, which list is available to me upon request; and,
being so advised, I do not request that the Court require that my
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