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HomeMy WebLinkAbout97-03894 " \. ~ ..... ~ ... ~ - { ~ ~ I I I I , , / - . ') '. c:J , t-- ~1 t \ fit, free from any control, restraint, harassment or interference, indirect or direct, from each other. The foregoing provisions shall not bc tnkf!n to be an admission on thc part of either party of the lawfulncss or unlawfulncss of thc causcs leading them to live apart. S. DIVORCE ACTION: The partics acknowledge that an action for divorce between them has been med by Wife in the Court of Common Pleas of Cumberland County, Pennsylvania, Doller v. Doller, No. 97.3894 Civil Term, In Divorce. The parties hereby acknowledge their intention and agreement to proceed in said action to obtain a final decree in divorce by mutual consent on the grounds that their marriage is irretrievably broken, and to settle, amicably and fully hereby, all claims which might be raised by either party in the divorce action. The parties acknowledge that they will execute, simultaneously herewith, the necessary Affidavits of Consent for the entry of a final divorce decree in the pending action. 4. LEGAL ADVICE: The parties acknowledge that Wife has been represented by Rebecca R. Hughes, Esq. IRWIN, McKNIGHT & HUGHES, as counsel in this matter, and that Husband bas been represented by Samuel W, Milkes, Esq., JACOBSEN & MILKES. Husband and Wife each acknowledge that tbey bave received, or have bad the opportunity to receive independent legal advice from counsel of her or Ilia eelection prior to the execution of this Agreement. Each party agrees that lIbe or be Hd1 f'Wly undent.ands the facts, and eacb bas bad the opportunity to be fully informed u to her or his legal riPts and oblipUunl. Each part)' acknowledps and accepU that this AIn'e_hl is, under the dmuutanftB, fair and equitable, and 2 that it is bl:ing entered into freely and voluntarily after Wife's consultation with her attorney and Husband's consultation with his attorney. The execution of the Agreement is not the result of any duress or undue influence, and it is not the result of any collusion or improper illegal agreement or agreements. The parties acknowledge that each has been fully informed of, or is familiar with, the wealth, property, state, and income of the other, and each party is hereby satisfied that such information is true and correct. 6. REAL PROPER'IY: Commensurate with the signing of this Marital Settlement Agreement, wife is conveying by deed any and all of her interest in the real property located at 240 Cranes Gap Road, Carlisle, PA, entirely to husband. Wife relinquishes any and all of her interest in the real property, through this conveyance. The parties agree that in connection with the execution of this conveyance, Husband assumes the full rights and responsibilities of ownership of the property. He is solely responsible for payment of the mortgage, taxes and insurance, If a sale of this property results in any profit, the entire profit is Husband's sole property, If the property is foreclosed upon, or if payment of additional money is required in order to satisfy any indebtedness connected with this property, it is husband'l sole relponsibility to pay any coati associated with these proceedings. Husband agree. to hold wife humic.. for any liability incurred in connection with the financiq and payoff' of lhia residence, and the payment of any Well and insurance. Through sale or rennanciq. husband acreea within one year of execution of thil agreement to rell\<Ml wife', name from the mort.gage which ellm on thl. property. ) 6. PERSONAL PROPERTY: Thc partics havc dividcd all pcrsonal propcrty and each is full owncr of thc personal property now in his or hcr posscssion. In addition to othcr provisions sct forth in this agrccmcnt, and in full satisfaction of any claims which wifc might asscrt for any intcrest in the marital property, or husband's incomc or resources, and as a part of the property settlement between the parties, Husband shall pay Wife the amount of $5,000 within thirty days of execution of this agreement. Husband shall retain full and complete ownership of the Jeep which is currently leased in his name. Wife shall retain full and complete ownership of the 1988 Grand Am, which is titled in her name. 7. ALIMONY: Husband shall pay monthly alimony in the amount of $960 and shall pay to wife in the form of alimony, 33% of any bonuses received through his employment at Shaffer Trucking. This obligation shall begin with the payment of May I, 1998, and shall continue for a period of five years, through April 30, 2003. After five years, the obligation to pay either of these amounts shall cease. The amount of alimony is fixed and may not be modified at the request of either party. The alimony obligation shall continue until the date stated above, or until such earlier date as wife may remarry or begin to cohabitate with a member of the opposite sex, or wife should die, at which time this obligation would forever cease. Husband &hall also pay, in the form of additional alimony, one-half of the COIlt of continuing bealth insurance cove... for wife, throU(h the COBRA plan available throup husband', emptoym~ml. This obliption shall continue for a muimum of . three years, commencing May I, 1998, and continuing through April 30, 2002, and the obligation shull forever cease at such earlier date as wife may remarry, cohabitate, or die. The obligation shall ulso cease forever, in the event Wife obtains employment which provides her with heulth insurance, or in the event Wife has available to her though other sources, health insurance at a lesser cost than the COBRA coverage. In the event this alternate coverage requires any copayment by Wife, Husband shall continue to pay, in the form of additionul ulimony, one-half of the cost of this continuing coverage for Wife, up to the cost of COBRA benefits available through husband's employment, through the time period specified above. 8. PRIVATE SCHOOLING OF DAUGHTER: The parties are the parents ofa child, Kaycee, born July II, 1989. Husband agrees to pay the costs of primary and llCCOndary private schooling for this child, so long as the child wishes to attend such schooling, as follows: Husband shall pay tuition at the St. Patrick's school which the child currently attends, until her graduation. His obligation is limited to the St. Patrick's tuition amount, and if the daughter were to go to a separate private school, husband would not be obligated to pay any higher amount than the St. Patrick's tuition. After completing S1. Patrick's, if the daughter wishes to attend clasaes at Trinity, Husband would at that time continue to pay for private tuition at Trinity. Again, if the daughter were to go to a separate private lChool, Husband would not be obligated to pay any tuition in excesa of the Trinity tuition amount. No payment. would be required if it was Kayne'. preference to attend public school.. and she would be caven thia option from the point she ia old t'nough to t'nter Trinity. 5 9. PENSION. CHECKING, AND SAVINGS ACCOUNTS: The parties agree that these assets are fully owned by each party in whose name they are currently held. 10, LIFE INSURANCE: Husband currently has available to him, through his employment, a life insurance policy. Husband shall continue to maintain this policy in effect, in the amount of $50,000, with daughter named as the beneficiary, until the daughter graduates from college, or reaches age 21, whichever is later. After age 21, this obligation shall cease if daughter is not pursuing full time, a college degree. 11. DEBTS OF THE PARTIES: Within thirty days of the executionofthis Agreement, husband shall payoff tbe debt now owing on a Discover credit card, in tbe approximate amount of $6,300. The parties certify and acknowledge that they have at this time no joint debts or liabilities. The parties agree that they will not in the future contract or incur any debt or liability for which the other party, his or her property or estate, might be responsible and each further agrees to indemnify and save harmle8S the other party against any claims that may be asserted by anyone againat the other party by reason thereof. 11. NON.MERGER IN DIVORCE DECREE: The partieslli1'ee that in the event of absolute divorce between them, they shall nonethele8S continue to be bound by all the terms of this Agreement, and neither thia Agreement, nOf the tefma hereof', &hall be deemed to have been merged in any decree or judgment granted in the divorce action, but shallaumve and be forever binding upon the partie.. 6 13. EXECUTION OF DOCUMENTS: Each of thc partics shall, from time to time at the request of each other, execute, acknowledgc and deliver to the other party any and all further instruments that may reasonably be required in order to give full force and effect to the provisions of this Agreement. 14. MUTUAL RELEASE AND COUNSEL FEES: Except as provided for in this Agreement, the parties hereby remise, release, quit-claim and forever discharge each other and the estate of each other, for all time to come, and for all purposes whatsoever, from any and every claim, including alimony, alimony pendente lite, spousa1support, equitable distribution of marital property, counsel fees or costs under the Divorce Reform Act, or otherwise, that they make or hereafter make in and to or against each other's estates or any parts thereof, whether by way or dower or curtesy, or under the intestate laws, or the right to take or elect against the other's will, except only such rights as accrue pursuant to this Agreement. Each party hereto agrees that he or she shall individually be responsible for any and all counsel fees and expenses incurred by him or her in connection with the preparation of this Agreement and the divorce between the parties. 15. NON.WAIVER: The failure of either party to insist in anyone or more instances upon the strict performance of any of the terms hereof in this Agreement shall not be construed as a waiver or relinquishment of such term or terms in the future. 18. RECONCILIATION: The parties agree that in the event of a reconciliation betwetm th.m, this Acreement ahall continue in full force and effect 7 unless terminated by mutual written consent. 17. BREACH: In the event that either party breaches any provision of this Agreement, he or she shall be responsible for any and all costs incurred to enforce the Agreement, including, but not limited to, court costs and counsel fees of the other party, In the event of breach, the other party shall have the right, at his or her election, to sue for damages for such breach or to seek such other and additional remedies IllI may be available to him or her, including equitable enforcement of the Agreement. 18. ENFORCEMENT: The parties agree that this Agreement or any part or parts hereof may be enforced in any court of competent jurisdiction. 19. APPLICABLE LAW AND EXECUTION: The parties hereto agree that this Agreement shall be construed under the laws of the Commonwealth of Pennsylvania, and shall bind the parties hereto, and their respective heirs, executors and lllISignS. This Agreement shall be executed IllI original in quadruplicate, 20. ENTIRE AGREEMENT: The parties acknowledge and agree that this Agreement contains the entire understanding of the parties and supersedes any prior agreement between them. There are no other representations, warranties, promiseB, covenants or understandings between the parties other than those expresaly set forth herein. 21. INCORPORATION IN JUDGMENT FOR DIVORCE: In the event that either Husband or Wife at any time herealler obtain a divorce, this Agreement and all of it. provilions thall be incorporated into any BUch judgment for diYOm!, 8 . , REGINA ELIZABETH DOLLER, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v. CIVIL ACTION - LAW PAUL HENRY DOLLER, Defendant 97-3894 CIVIL TERM . . IN DIVORCE ACCEPTANCE OF SERVICE I, Samuel W, Milkes, Esquire, attorney for the defendant in the above-captioned divorce action, hereby agree to accept service of the Divorce Complaint filed under Section 3301(c) of the Divorce Code, which complaint was filed on July 18, 1997, e:~P. SA1\tUE . MILKES Attorney for Dtf'flIdant, Paul Henry Dollei' Date: JlIl7 1. :x.. , I"., The natural mother of the child is Regina E Doller, She is single and engaged to be married this summer. The natural father of the child is Paul H Doller. He is single. 4. The relationship of the Plaintiff to the child is that of natural mother. The Plaintiff currently resides with Kaycee E, Doller. 5. The relationship of the Defendant to child is that of natural father. 6. Plaintiff has not participated as a party or wilness, or in any other capacity In other Iitigalion, concerning the custody of the child in this or in any other Court Plaintiff has no Information of a custody proceeding concerning the child pending in a court of this Commonwealth. Plaintiff does not know of a person not a party to the proceedings who has physical custody of the child or claims to have custody or visitation rights with respect to the child 7 The best Interest and permanent welfare of the child will be served by granling the rehef requested because (a) The mother has been the pnmary caretaker of the child Since her birth and ,s capable of provIding the care a child needs (b) The mothers fiancee IS relocating to Tellas In reference to a job promotion She WIshes to relocate WIth the ehlld and has been unable to secure the Father s consent despite engagtng the Father In counsellf'lg In 81'\ effort to resolve the ~tc..jy matter :-... 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