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HomeMy WebLinkAbout97-03828 I , I ! ~ a 0J i I I , ! ~ i ! i a i I i ~ ~ , ~ ~ J co ~ (Y) I . t-j rTj '-J , .! ~... I I SEPARATION AND PROPERTY SETTLEMENT AGREEMENT r-l),-. ('. TInS AGREEMENT made this. i I day of\ p....~ l . 1997. by and between RICKY A. GARMAN. of 29 Burgners Mill Road. Carlisle. Cumberland County, Pennsylvania (hereinafter referred to as "Husband"), AND PEGGY M. GARMAN. of 13 Relim Street. Carlisle, Cumberland County, Pennsylvania (hereinafter referred to as "Wife") WITNESSETH WHEREAS. Husband and Wife were lawfully married on August 14, 1980, in Carlisle, Pennsylvania; and WHEREAS, Husband and Wife are residents of the Commonwealth of Pennsylvania and have been so for at least the past six months; WHEREAS. certain differences have arisen between the parties hereto which have made them desirous ofliving separate and apart from one another; and WHEREAS. Husband and Wife desire to settle and determine certain of their marital rights and obligations. and make an equitable distribution of their marital property. determine their rights to alimony and support and any other matters \I> hich may be considered under the Domestic Relations Code; and \VHEREAS. it is the intention and purpose of this Agreement to set forth the respective rights and duties of the parties whIle they continue to live apart from each other and to settle all ftnancw and propert~ rights between them. and WHEREAS. the parties hereto have mutually entered into an Agrtemetlt for the division of their jointly O\l>ned assets. the provisions for the liabilities they o~e. and provisions for the resolution of their mutual differences. after both hl\e had full and ample opportunity to consult with attorneys of their respectiv~ choice. the parties now wish to have that qreemettt reduced to wntinJ NOW, THEREFORE, the parties hereto in consideration of the mutually made and to be kept promises set forth hereinafter and for other good and valuable consideration, and intending to be legally bound and to legally bind their heirs. successors, assigns, and personal representatives, do hereby covenant, promise and agree as follows: ARTICLE I SEPARATION 1,1 It shall be lawful for Husband and Wife at all times hereafter to live separate and apart from each other and to reside from time to time at such place or places as they shall respectively deem fit free from any comrol. restraint, or interference. direct or indirect. by each other Neither party shall molest the other or compel or endeavor to compel the other to cohabit or dwell ",ith him or her by any legal or other proceedings The foregoing provision shall not be taken to be an admission on the part of either Husband or Wife of the lawfulness ofthe causes leading to them living separate and apart ARTICLE II DIVORCE 2.1 This Agreement is not predicated on divorce It is specifically understood and agreed by and between the panies hereto that each of the said parties does hereby warrant and represent to the other that the elecution and defhery of this Agreement is not predicated upon nor made subJect to an) aerrtment for institution, prosecution. defense. or for the non.proSl!CUtion or non-detense of any action lor divorce, provided. however. that nothing containai in this Agreement shall pment or preclude either of the parties hereto from commencing. instltUllng or proSl!CUtin! any l(lion or actions for div'OfU. either absolute or othel"\\15e. upon JUst, lqll wd proper youn.Js. not 10 prevent either pirty trom defendil:Is any uh action ",hich has been. may, or shall be ill$tituted by the other party, or trom mUln. any JUst or prt~ dmsc thereto It is warranted. cOllv-enanted, and rtpmented by Husband and Wife, .udl to the other. that this Agreement is lawful and enforceable and this warranty. covenant. and representation is made for the specific purpose of inducing Husband and Wife to execute the Agreement. Husband and Wife each knowingly and understandingly hereby waive any and all possible claims that this Agreement is. for any reason. illegal. or for any reason whatsoever of public policy, unenforceable in whole or in pan, Husband and Wife do each hereby warrant, covenant and agree that, in any possible event, he and she are and shall forever by estopped from assening any illegality or unenforceability as to all or any pan of this Agreement. 2.2 (t is funher specifically understood and agreed that the provision of this Agreement relating to the equitable distribution of propeny of the panies are accepted by each parry as a tinat settlement for all purposes whatsoever, Should either of the panies obtain a decree, judgment or order of separation or divorce in any other state. country. or jurisdiction. each of the panies to this Agreement hereby consents and agrees that this Agreement and all its covenants shall not be affected in an~' way by any such separation and divorce 2.3 This Agreement shall survive any decree in divorce and shall be forever binding and conclusive on the panies. It is understood by and between the panies that this Agreement shall be incorporated into any decree. divorce or separation. but it shall not be deemed merged in such decree ARTICLE 1/1 ~.$T(U8JIJ10N OF MARIT~'" PROP~..1U:t 3.1 The panics have attempted to di\ ide their marttal propert) in a nw:IlIef which contbnns to the mtena set forth In the Penns~hanQ o.\orce Code. and talrilli into account the tbllowllli coft5idffations the ~h of tilt marri~, tilt prior matfiates of tilt p&r'ltfl. the .. halth. slatron. amount and KlUtcfl of incorne.. v-ocauonal shih. ~.hty. nUle. liabilities. and llffds for each of tilt panICS. the cOfltnbutlOfl \~ OM party to the education. training or increased earning power to the other party; the opportunity of each party for future acquisition 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 marital property. including the contribution of a party as a homemaker; the value of the property set apart to each party; the standard ofliving of the parties established during their marriage. the economic circumstances of each party. including federal. state and local tax ramifications. at the time of the division of the property is to become effective; and whether the parties will be serving as the custodian of any dependent minor children 3.2 The dh.ision of existing marital property is not limited to the parties to constitute in any \Iray a sale or exchange of assets and the division is being effected without the introduction of outside funds or other property not constituting marital property The division of property under this Agreement shall be in full satisfaction of all rights of equitable distribution of the parties 3.3 PenoDal PropertY. The parties ackno\loledge that they have divided their personal property, tangIble and intangible. to their mutual satisfaction Parties further ackno\loledge that they have the cash. accounts. or other tangible or intangible property in their possession that thev WIsh to have and neither will make any claim \\ hatsoev er against the other party lor any other items of per;onal property or assets that are in other party's possession It is specirK:ally understood that Husband secured two cemetery plots thwugh Cumberland Valley :'-lemonal Gardens in his name alone In the event it is necessal) fur any reason "hatsoever for Wife to execute any do.."UIllflIIS to \\a1\C. relinquish or transtU any right. title. and inlern! she has in the afuresaid cemetery plots. she will do so Wllmn fifttctl ( I ~) daYl of btlng requn!ed 10 do so by Husband (\l' hIS 1~1i rq,nsentllM 3.4 Life Insurance. Each party has and shall retain all rights incident to ownership of any life insurance policies owned in their names. Each party shall have the right to borrow against, cash in policies, change beneficiaries, and exercise any other incidents of ownership of their respective policies free of any right or claim by the other party. Each party agrees to sign any documents necessary to waive, relinquish or transfer any rights in such policies to the respective party who presently owns such policies. Neither party shall make any claim to any benefit of any nature whatsoever whether related to ownership or policy or as a beneficiary in any such policies 3.5 Subsequently ACQuired Property. Husband and Wife agree to waive and relinquish any and all right that he or she may now have or hereafter acquire in any real or tangible personal property subsequently acquired by the other party Husband and Wife specifically agree to waive and relinquish any right in such propeny that may arise as a result of the marriage relationship 3.6 Real Estate. The parties. at the time of execution of this Agreement. are the joint owners of real estate located at 29 Burgners :\liIl Road. Carlisle. Cumberland County, Pennsylvania. Within ten (10) days of execution of this Agreement by both parties, Husband shall relinance the financial obligation on the property due and owing to Farmers Trust Company (or Financial Trust Corporation. such that Wife's obligation of payment of the aforementioned debt \\hich e,islS as a mortga~ on the aloresaid real estate, shall cease From the time of t\ecution oi this Agreement by lx1th parties fo~afli Husband shall assume sole and exclusl\e responSlbthf) tor pa\ment of any and all amounts due and owing on the atbresaid mortgage untd such time as the retinancing Wife agrees to execute a Special Warranty Fee Simple Decd convcying all of hcr right. title and interest in the aforesaid real estate 10 Husband and shall du so wnhin live (5) days of being requested to do so by Husband Wile acknowledgcs thaI Husband has already processed the refinancing of the mongage due and owing to Farmers Trust Company and understands that her execution of a deed by no laler than Apnl 2'1. I C)Q7 IS necessary and imperative in order for Husband to conclude his rcfinancmg which \\111 remove Wife as an obligor on the aforesaid mongage Husband shall be solely and exclusively responsible lor any and all additional encumbrances of any nature whatsoever which exists against the all1reS3ld jointly held property and shall indemnify Wife and hold her hannless from and a!lainst any and all demands for payment or collection activity of any nature whatwcver relative to such encumbrances This indemnification indudes an~ oblogallon ,ln the Farmen Trust Company mongage presently existing agamst Ihe propen\' From the time of execution and dell\ery of the aIIIFc,",,,J SI'C\:tal Warrallly Fee Simple Deed. Wile wal\es, relmqUlshes and tramfen all "f her fl!ltll, litle, and mterest III the aforesaid real estate and shall make no claim whatS\'e\cr. \\hether Ie;;al ,lr cqUltablc. 10 any interest in the aforesaid real est3te J.7 Pension. RetlreaaeAt. Profit.-.JbY.Htl, The panle. J!cIfC'C to \\ 011\ C, relinquish and transfer any and all ,,1' thell nght. IItlol JIl,j mletest III Ihe othcr party's retirement benefits of any nature what..lt"\et fh" ,~dkalh !fldudes an\ penSIon benefit secured by Wite through her emplmmenl "'Ih 00111\ hpreu and an\ rC\lr(f1loetlt benefit of any nalure that lIusband hu .....:urcd th""I\lh hi' '''\x''"tra\ 1m\! wurk from Ra\ Garman Construc\lon C,'mpan\ f'UIl~'Ill11\re. tht' part It" ".II\(' Jtl\ ,,~ht litl.. or ,"t..rfit or daim of any nature "hal\<lt"\er h. the mJ.\IJUJI reI1l\'''''''111 ,l\\"ultr- dR \\lIh.tt tither or both pMttC$ have ('Mahh~ '" tllt"lF "'" It f1l1hl Husband agrees to waive, relinquish or transfer any and all of his right. title and interest he has or may have in his individual capacity or as Wife's husband in any and all pension. retirement, profit sharing. stock options. or ~imilar accounts with Wife's present or past employers or which Wife has secured independently. Wife agrees to waive. transfer or relinquish any and all of her right. title, and interest she has or may have in her individual capacity o~ as Husband's Wife in any and all pension, retirement. profit sharing. stock options, or similar accounts with Husband's present or past employers or which Husband has secured independently. 3.8 Vehicles. The panies acknowledge that Wife has in heT sole possession a certain 1988 Ford Topaz. This vehicle is and shall remain Wife's sole and exclusive possession. Husband shall make no claim of any nature whatsoever relative to ownership interest in the vehicle whether equitable or legal. The panies acknowledge that Husband has in his sole possession a certain 1996 Ford F1S0 pick-up. This vehicle is and shall remain Husband's sole and e.xclusive possession. Wife shall make no claim of any nature whatsoever relative to ownership interest in the vehicle whether equitable or legal Any encumbrance that eXIst on either of the aforesaid vehicles shall remain the sole liability of the party retaining the vehide This includes but is not limited to a certain motor vehicle loan due and owing trom Husband to Dauphin Deposit Bank and Trust Company relative to the purchase of his 1996 Ford FI50 pickup truck 3.9 lataDnble Penoaal Prol1em. The parties hive transferred or have waived their rights and interest in any intangible perSONI property. and neither shall make claim against the other for any additional interest in any suth intangible personal propeny ,""'"'-., ,~,.. ..." . ... .. ARTICLE IV ALIMONY. ALIMONY PENDENTE I-Irg,. SPOUSAL SUPPORT. AND MAINTENANCE ",I The parties herein acknowledge that they have each secured and maintained a substantial and adequate fund with vvhich to provide Ihemselves sutlicient resources to provide for their comfort. maintenance and suppon in the stallon of life 10 which they were accustomed Husband and Wife do herehs' ";me. release and give up any and all rights they may respectfully hase against Ihe other lur alimony. spousal support, or maintenance, U Husband and Wife speclficalls \\.\I\e. release and !.lIve up any and all rights for alimony, alimony pendente lite and sl"\usal ""l"l"lrt punuant to Chapter 37 of the Domestic Relations Code ThiS provl\ton rellardtn!! alimony. alimony pendente lite. spousal support is non-modifiable ARTICLE V Q9TS OF. TItE PARTIn ~.I Each panv rqllesenu to the ,llhe! th,lI C\':"P' I.,.t the debts set fonh in paragraph 3 b above relative to real t'sUle anJ lh.' Mt>ts leferen..:eJ tn paragraph 3 ~ above relative to vehldes. the ranle' half InclIn,'d !kl m.1101 \'IItstanJIOlil ,lbligations of any nature ",hat~er, that \In.:e t~ 't'parall!'" tIl"ll~r panv has contracted tor anv debts tor ",hieh the Olllet \loIU bt: r~'nSlble .lI1\l eKh pam tndenmlties and holds harmless the other for aU obtilJll1\'IM wparatdv tllCunN out\kk lsf this ~<<nlenl and.or assurMd under thi$ "IteelNnt ARTICLE VI MISCELLANEOUS PROVISIONS 6.1 Advice of Counsel. The panies acknowledge that they have had the opportunity to review the provisions of this Agreement and further have had the opportunity to secure legal counsel and advice relative to the legal effect of this Agreement. The parties acknowledge that they have either received independent legal advice from counsel of their own selection or that they have specifically chosen with full knowledge and on their own volition. to not seek legal advice relative to this Agreement. They further acknowledge that they fully understand the facts that are the basis of this Agreement. They acknowledge and accept that it is being entered into freely and voluntarily. after having the opportunity to receive legal advice and with the knowledge that execution of this Agreement is not the result of any duress or undue intluence. and further that it is not the result of the collusion or improper or illegal agreement or agreements 6.2 Counsel Fees. Each party agrees to be responsible for his or her o....n legal fees and expenses. and e;ch party hereby agrees to waive any claim for alimony. alimony pendente lite. counsel fees. e'tpenses or costs 6.3 BanluuDtcY. The parties agree that any and a1lfinanciaJ obligations assumed herein shaII not be subject to discharge through bankruptC\ proceedings This includes. but is not limited to. all t1nanclal obli~atlons assumed under Paragraph 3 6 and 3 S of this AgreetTletIt In the e'ent euher part~ .l.l!fll\pIS 10 awid financial obliptions described herein through bankrupt".... pliXeedin!(S lhe other pI"' Wl1 ha'c an independent claim againSlthe part} claiming banlrupt,~ tor .ln1i and all sums lhat the other part) as~ Of is rtqUired to pay due to the KtI\.\l1S of tM party claiming bankruptcy Furthtr. all OJhts 1\'al1abIe to the other party ptm-\dtd tt'l( In Patl~ 6 14 herci:nafter shaII be I\~ to the party not titIng banknq::tcy 6.4 Mutual Release. Husband and Wife each do hereby mutually remise, release. quitclaim, and forever discharge the other and the eSlale of such other. for all limes to come and for all purposes whatsoever. of and from any and all right. title and interest, or claims in or against the property (including income and gain from property hereafter accruing) of the other or against the estate of such other, of whatever nature and wheresoever situate. which he or she now has or at any time hereafter may have against such other. the estate of such other, or any part thereof. whether arising out of any tormer acts, contracts. engagements, or liabilities of such other as by way of dower or curtesy. or 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 other rights of a sur.iving spouse to participate in a deceased spouse's estale. whether arising under the laws of (a) PennS}'lvania. (b) any state. commonwealth or territory of the United States. or (c) any other country. or any rights which either party may have or at any time 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 \\hlch may arise under thiS Agreement or tor the breach of any thereof It is the intention of Husband and Wife to give to each other by execution of this Agreement a full. complete, and general release with respect to any and all propertv of any kind or nature, real or personal. not 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 mlv' arise under this Agreement or for the breach of any thereof 6.5 WatI1IJlU... Each party repre'Sents that the, h.1\e not hereto fore incurred or contracted for any debt or liabilil} ~)f obhsatJ,," lOr ,..hlCh the est.ate ,-,f the other pany may be respoMlb~ l1r ha~, e"(~ U lnay be pro\tded Ibr In tlus ~I(-tmalt Each ~ iirfeS to ind~l\ ,If ht"-d thot mller partv h;t~, &\)/n lnd ISlInst lI1\ and all SU\.iI debts, liabilities or obligations of every kind. including those for necessities. except for the obligations arising out of this Agreement. Husband and Wife each warrant . covenant, represent and agree that each will. now and at all times hereafter. save harmless and keep the other indemnified from all debts. charges and liabilities incurred by the other after the execution date of this Agreement. except as is otherwise specifically provided for by the terms of this Agreement and that neither of them hereafter incur any liability whatsoever for which the estate of the other may be liable. 6.6 No waiver or modification of any of the terms of this Agreement shalJ be valid unless in writing and signed by both parties and no waiver of any breach hereof or default hereunder shall be deemed a waiver of any subsequent default of the same or similar nature, 6.7 Husband and Wife covenant and agree that they will forthwith execute any and all written instruments. assignments. releases. satisfactions. deeds. notes or such other writings as may be necessary or desirable for the proper implementation of this Agreement, and as their respective counsel shall mutually agree should be so executed in order to carry fully and effectively the terms of this Agreement 6.8 This Agreement shall be construed in accordance ",ith the la"'s of the Commonwealth of Pennsyhania ",ruch are in effect as of the date of e,\eI.\Ition of thIS Agreement 6.9 This ~t shall be bindmg and shall inure to the benefit of the parties hereto and their respeetive Min. executors. administrators, successors and assigns 6.10 This Alrft1llffll ronslitutes tM entiu underst~ (If 1M parties and supersedes any and lit prior ltVetmenlS and nqotWions bet\\M1 them lOOt are no representations or \\mUltin ottlet than those exprts.~ set forth herein 6.11 SeverabUity. If any term. condition. clause. section. or provIsion of this Agreement shall be detennined or declared to be void or invalid in law or otherwise. then only that tenn, condition, clause, OT 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, likewise, the failure of any pany to meet his or her obligation under anyone or more of the articles and sections herein shall in no way void or alter the remaining obligations of the parties, 6.12 It is specifically understood and agreed that this Agreement constitutes an equitable distribution of property. both real and personal. which was legally and beneficially acquired by Husband and Wife. or either of them. during the marriage as contemplated by the Divorce Code oflhe Commonwealth ofPennsyh'ania. 6.13 Disclosure, The panies each warrant and represent 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 party has an interest. of the sources. and amount of the income of such pany of every type whatsoever, and all other facts relating to the subject mailer of this Agreement. 6.1~ EnforeeabUity and Consideration. This Agreement shall sur-we any action for divorce and decree of divorce and shall forever be binding and conelusi\ e on the panies. and any independent action may be brought. either at law or 10 eqUIty. to enforce the tenns of the Agreement by either Husband or Wife until it shall have been fully SAtisfied and perfonned The considerati,," li'r this contracl and agreement is the mutual benefits to be obtained bv "'-)lh the parties hereto and the c\)\enants and allree~ts of each of the pames to the other The adequacy \11' the Ct'nSlJerallOn lor all a~ents herein cont.uned In stipulated, contessN. and adnllued by the partle'- and the parties Intend to be tesally bound ~ In the event tither party breaches the atOres.ud Agreement and it .s determmed thrt'Ugh awropnate ~a1 aetl,," t!\at the al~ pan) has so breathed the Agrcetl~nt. th.t bre.Khi~ party shall be r~msibk (Of an) an..! 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