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HomeMy WebLinkAbout97-04237 o ~ t ~ ~ ~ ~ I q: >-... - . . .... . ~ to- fI) ; ~; t"-' ()-l .I ~l f , . :=.:~~~~::!: ..:~.~.~-:.~.. ':.::2:'_::!~-::!~ _~!:~~':~:'~.!:.'~:_~~:"'~:!:', <~:~_~:~.. :~,_'~.~~:!~: ':=~~~"~~~!:~~.~'_~'~~~~, ,,4 ~~ r~ . ( i ,. ,'.r I' ~; (~ ,I , ~, IN THE COURT OF COMMON PLEAS I~ :1 OF CUMBERLAND COUNTY !: ~I I~ ( ~ 0:- ~.':I ~ ~ ~l STATE OF ''..,.;,: .',. PENNA. ~ v~ \. -~_:,i -"T a v) ,.. ~( ',' ,', ~ ~ .. ~, ~ ',' ~ ,', ~ ~~ ":' ~ lEI . , K; , ) ~i . ! ~I :1 ~i 8 8 ~ ~ ~ 8 8 ~ M ~! IE' w ., are divorced from the bonds of matrimony, * . ~ *~h~s Decree incq5pofa~~s a Separation and Proprety Settlement Agree;ent a &tf;1~tlfiVrf~tc!'i1s 1d'f1icjiction of the following claims which have , : been raised of record in this action for which a final order has not yet : been entered: Christine A. Yannone :'\ 0, 97-4237 '" ,.. II) \\'1':-,1I~ Michael A. Yannone DECREE IN DIVORCE AND NOW, .. .od;~<:f.. 'S. . " , ., " 19 fi, it is ordered and decreed that ,.""", C~,ristI,n~, A... ,Yann.one. ' , . , . and, ,. " " , . ,. . . . , , , . Micha,el. A,.. ,Yannone. . . ' , . . , , " plaintiff. , , ' " defendant. ~'~"'~d:!l*.!~ l J ~.,~ r ~~~ ~~ ;tn'h~~~tAfY " ~ 8 . . ',. ... .ow,.' '" '"' '" '" . ow "" ... ,. :.; ,. w , :<< ~' '. ..;,' :c <~, '. .~: .:<<"- ,~ :a: ." ~ ~ ~ ij ~ ~ ~ " ~ 8 ~ 8 .~ ,. w ,., .~ ~ ~ ~ ~ ~ S ~ ~ ~ ~ WHEREAS, the panies have mutually entered into an agreement for the division of their jointly owned assets, the provision for the liabilities they owe, and the provision for the resolution of their mutual differences, after both have had full and ample opportunity to consult with attorneys of their respective choice, the parties now wish to have that agreement reduced to writing, NOW THEREFORE, the panies 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 It shall be lawful for Husband and Wife at all times hereafter to live separate and apan from each other and to reside from time to time at such place or places as they shall respectively deem fit, free from control, restraint. or interference, direct or indirect. by each other. Neither pany shall molest the other or compel the other to cohabit or dwell with him or her by any legal or other proceedings, The foregoing provisions sha1I not be taken to be an admission on the part of either Husband or Wife of the lawfulness of the causes leading to them living separate and apan. ARTICLE n I!.IVQRCE 2,1 This agreement is not predicated on divorce. It is specifically understood and agreed by and between the parties hereto and each of the said parties does hereby warrant and represent to the other that the execution and delivery of this Agreement is not predicated upon nor made subject to any agreement for institution. prosecution. defense. or for the non-prosecution or non-defense of any action for divorce. provided. however. that nothing contained in this Agreement sha1I prevent or preclude either of the parties hereto from commencing. instituting or prosecuting any action or actions for divorce, whether absolute or otherwise. upon just. legal and property ground, nor to prevent either party from defending such action which has been. may be or shall be instituted by the other party, or from making any just or property defense thereto It is warranted. covenanted. and represented by Husband and Wife. each to the other that this Agreement is lawfUl and enfon:eabIe and this warranty. CO~'eIWlt and representation is made for the specitk purpose of inducing Husband and Wife to execute the Agreement Husband and Wife each knowin&\y and undentandingly hereby waive any and all possible claims that this Agreement is, for any reason. ilIepI or unenforceable in whole or in party Hutband and Wife do each hereby ""-arrant. covenant and agree that. in any possible event, he and the are and shall forever be estopped from asserting any illegality or unenforceability as to all or any part of this Agreement. 1.1 The parties acknowledge that a Divorce action has been filed in the Court of Common Pleas of Cumberland County, Pennsylvania at 97-4237, The parties agree that they have will execute Affidavits of Consent and Waivers of Notice contemporaneously with the execution of this Agreement. A praecipe to transmit the record to the judge shall be filed on September 30. 1998, 1.3 It is further specifically understood and agreed that the provisions of this Agreement relating to the equitable distribution of property of the parties are accepted by each party as a final settlement for all purposes whatsoever. Should either ofthe parties obtain a decree, judgment or order of separation of divorce in any other state, county, or jurisdiction, each of the parties to this Agreement hereby consents and agrees that this Agreement and all its covenants shall not be affected in any way by any such separation and divorce, and that nothing in any such decree, judgment, order, or further modification or revision thereof shall alter, amend, or vary any term of this Agreement, whether or not either or both of the parties should remarry, it being understood by and between the parties that this Agreement shall survive and shall not be merged into any decree, judgment, or order of divorce or separation. 1.4 It is specifically agreed that a copy of this Agreement may be incorporated by reference into any divorce. judgment or decree if or whenever sought by either of the parties hereto, such incorporation, however, shall not be regarded IS . merger, it being the intent of the parties to permit this Agreement to survive any such judgment or decree ARTICLE lU EO\lITAJLE DISTRIBUTION or MARITAL PROPERTY 3,1 The parties have attempted to divide their marital propaty in a manner that conforms to the aiteria set forth in Section 3502 of the Pennsylvania Divorce Code and taking into account the following considerations the length of the marriqe, the prior marria&es of the parties. the aae. health. station, amount and sources of income. vocational akiI1s. employability, estate, liabilities. and needs for each of the parties. the contn'bution of OM party to education. training. or increued earning power of the other party, the oppommity of each party for future acquisition of capital assets and income. the sources of income of'both parties. including but not limited to medical, retirancnt, insurance or other benefits, the contributlOll or diloSira1ion of tach party in the acquisition, of the marital relation or otherwise, ellcept and only ellcept, all rights and agreements and obligations of whatsoever nature arising or which may arise under this Agreement or for the breach of any thereof It is the intention of Husband and Wife to give each other by execution of this Agreement a full, complete, and general release with respect to any and all propeny of any kind or nature, real or personal, or milled, 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 thereof 8.4 Release ofTestamentarv Claims. ElIcept as provided for in this Agreement, each of the panies hereto shall have the rights to dispose of his or her propeny by Last Will and Testament, or otherwise, and each of them agrees that the estate of the other, whether real, personal or milled, shall be and belong to the person or persons who would have become entitled hereto as if the descendant had been the last to die. This provision is intended to constitute a mutual waiver by the panies of any rights to take against each other's last Will under the present or future laws of any jurisdiction whatsoever and is intended to confer third party beneficiary rights upon the other heirs and beneficiaries of each other party hereto. Either party, may, however, make such provisions for the other as he or she may desire in and by his or her Last Will and Testament. Each of the panies funher covenants and agrees that he or she will permit any Will of the other to be probated and allow administration upon his or her personal, real, or mixed estate and effects to be taken out by the person or persons who would have been entitled to do so had Husband or Wife died during the lifetime of the other and that neither Husband nor Wife will claim against or contest the Will and the estate oaf the other, Each of the panies hereby releases, relinquishes and waives any and all rights to act as executor or ellccutrix or administrator or administratill of the other pany's estate. Each of the parties hereto funher covenants and agrees for himself and herself and his or her heirs, executors. administrators and assigns, that he or she ",ill never at any time hereafter sue the other party or his or her heirs. executors, administrators, or assigns, for the purpose of enforcing any of the rights relinquished under this Paragraph 8.5 Warranties. Each party represents that he or she has not heretofore incurred or contracted for any debt or liability or obligations for which the estate of the other party may be responsible or liable, extqll as may be provided for in this Agreement Each party agrees to indemnify or hold the other party harmless from and against any and all such debts, liabilities, or obligations of each of them, includill8 those for neeessities, exeept for the obliptions arisina out of this Agreement Husband and Wife each warrants. covenants, I ep Uelltl, and agrees that each will, now and at all times hereafter, live harmless and kttp the other indemnified from all debts, charges, and liabilities incurred by the other party after the execution date of this Agreement, extqll 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, 8.6 No waiver or modification of any of the terms of this Agreement shall be valid unless in writing and signed by both panies and no waiver of any breach hereof or default hereunder shall be deemed a waiver of any subsequent default of the same nature, 8.7 Husband and Wife covenant and agree that they will fonhwith execute any and all written instruments, assignments, releases, satisfactions, deeds, notes or such other writings as may be necessary or desirable for the propeny 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 8.8 This Agreement shall be construed in accordance with the laws of the Commonwealth of Pennsylvania which are in effect as of the date of the execution of this Agreement. 8.9 This Agreement shall be binding and shall inure to the benefit of the parties hereto and their respective heirs, executors, administrators, successors, and assigns, 8.10 This Agreement constitutes the entire understanding of the panies and supersedes any and all prior agreements and negotiations between them, There are no representations or warranties other than those expressly set forth herein, B.lt Sevmbili~ If any term, condition, c1ause. section, or provision of this Agreement shaD be determined or declared to be void or invalid in law or otherwise, then only that term, condition. clause, section. or provision shall be stricken from this Agreement, and in all other respects, this Agreement sha1I be valid and continue in fWI force. eft'ett, and operation. Liltewise. the failure of any party to meet his or her obIiption IIIlder any or more of the anida and section shaD in no way void or alter the remainina nh!lptitw oCtile parties " r n ,r, ""' , :~) I ':l ~,. .., ~ . , '-J ,.} , > . ;-.J , ., .c.;; . ~ ,. j ~ ." ." n ,') '~"1 , ;;.; " ~ ~ ., '.. ..... . :'0 I ..., -, .,. ,- , , .. .,,-; :.} ~ 1_, . ..... ." :r1 -< -"J ... ~ ~ ~ --. ~ '" ~ Cs "Q c:-E (') \!) J 1~ -.I ., & ~ - ~ I ~, ,} .) '''; I : .' -.. (,J. <J ...... ~ C) "1 c::::.... ,;1 ~~ -..) ~ ~:) : ,~n , :-. '. '" , c!'. :", ..... , -<" ..:~...,....* ;":':':":'.- .. ~ F'I::>.. ,: Christine Yannone 7/24/97 7: 09AM .T~: Subject: PROPERTY SETTLEMENT/DIVORCE ------------------------------- Message Contents ------------------------------- MICHAEL A YANNONE AND CHRISTINE A YANNONE HAVE MUTUALLY AGREED TO THE FOLLOWING CONDITIONS ON THE DIVISION OF PROPERTY PENDING THEIR DIVORCE: MICHAEL WILL SIGN OVER THE DEED TO THE PROPERTY 506 OHIO AVENUE, LEMOYNE, PA 17043 TO CHRISTINE. CHRISTINE WILL SIGN OVER THE DEED TO THE PROPERTY 136 S 17TH ST, CAMP HILL, PA 17011 TO MICHAEL. CHRISTINE WILL PAY A LUMP SUM AMOUNT OF $17,000.00 TO MICHAEL ON 7/24/97 SO THAT HE CAN SETTLE ON THE AFORE MENTIONED PROPERTY ON 7/25/97. MICHAEL AGREES THAT HIS ENDORCEMENT ON THIS CHECK LEGALLY BINDS HIM TO THE TERMS OF THIS AGREEMENT. MICHAEL ACKNOWLEDGES THAT CHRISTINE HAS ALREADY PAID HIM A SUM OF $1,000.00 PER CHECK 11567 ESCROW FOR 704 GEARY ST PROPERTY (REFUND OF WHICH HE DEPOSITED). CHRISTINE WILL PAY GILBERT RHOADS A SUM OF $800.00 FOR THE INSTALLATION OF A WATER CONDITIONER AT 136 S 17TH ST, CAMP HILL, PA. CHRISTINE WILL SIGN OVER THE INSURANCE REFUND ON THE PROPERTY RR3 BOX 255P, WESTFIELD, PA 16950 TO MICHAEL. MICHAEL WILL TURN OVER THE KEYS AND THE GARAGE DOOR OPENER TO THE PROPERTY AT 506 OHIO AVE TO CHRISTINE AS SOON AS THE REFRIGERATOR IN THE BASEMENT OF THE 506 OHIO AVE PROPERTY IS MOVED BY MUMMA ELECTRIC AND THE CERAMIC TILE FLOOR AT 136 S 17TH ST IS INSTALLED BY KEITH PEIFFER. MICHAEL WILL NOTIFY CHRISTINE IN ADVANCE IF HE PLANS TO ENTER THE PROPERTY AT 506 OHIO AVE (AT ANY TIME) AFTER HE COMPLETES HIS MOVE TO 136 S 17TH ST ON SATURDAY, 7/26/97. CHRISTINE WILL NOT DE RESPONSIBLE FOR ANY BILLS AND/OR DEBTS INCURRED BY MICHAEL NOR WILL MICHAEL BE RESPONSIBLE FOR ANY BILLS AND/OR DEBTS INCURRED BY CHRISTINE, NOW OR IN THE FUTURE. MICHAEL AGREES NOT TO CONTEST THE NO FAULT DIVORCE PROCEEDINGS AND CHRISTINE AGREES TO PAY THE LEGAL COSTS OF THE NO FAULT DIVORCE. THE DIVISION OF PERSONAL PROPERTY INCLUDING FURNITURE, ANTIQUES, AUTOMOBILES, TOOLS, ETC. RAS ALREADY BEEN KU'l'UALLY AGREED UPON. MICHAEL AGREES THAT ANT MONIES IN THE PSSU CREDIT UNION ACCOUNT ARE CHRISTINE'S ANn CHRISTINE AGREES THAT ANY MONIES IN MICHAEL'S DAUPHIN DEPOSIT ACCOUNT BELONG TO MICHAEL. ~lrf'. .~ i () .<> Q <;,; Q:l 'Il . -., ..J ~\ ;""1 ;,':"11 f\F ..;J ,- ~.~l' - ,.,,;:1 (/~ .. c.;. ~;Y ';_: -.<",0 """ 'B ,... .."'!"':' '.:':"- ~.t . . r" -. .; r,., ;,C,;.-~ 1'<. ,9" ;..:. \.? - .' ~ ~ -:::> ?J. :iT . From: Christine Yannone 7/24/97 7:09AM To: Subject: PROPERTY SETTLEMENT/DIVORCE _______________________________ Message Contents ------------------------------- MICHAEL A YANNONE AND CHRISTINE A YANNONE HAVE MUTUALLY AGREED TO THE FOLLOWING CONDITIONS ON THE DIVISION OF PROPERTY PENDING THEIR DIVORCE: MICHAEL WILL SIGN OVER THE DEED TO THE PROPERTY 506 OHIO AVENUE, LEMOYNE, PA 17043 TO CHRISTINE. CHRISTINE WILL SIGN OVER THE DEED TO THE PROPERTY 136 S 17TH ST, CAMP HILL, PA 17011 TO MICHAEL. CHRISTINE WILL PAY A LUMP SUM AMOUNT OF $17,000,00 TO MICHAEL ON 7/24/97 SO THAT HE CAN SETTLE ON THE AFORE MENTIONED PROPERTY ON 7/25/97. MICHAEL AGREES THAT HIS ENDORCEMENT ON THIS CHECK LEGALLY BINDS HIM TO THE TERMS OF THIS AGREEMENT. MICHAEL ACKNOWLEDGES THAT CHRISTINE HAS ALREADY PAID HIM A SUM OF $1,000.00 PER CHECK .1567 ESCROW FOR 704 GEARY ST PROPERTY (REFUND OF WHICH HE DEPOSITED). CHRISTINE WILL PAY GILBERT RHOADS A SUM OF $800.00 FOR THE INSTALLATION OF A WATER CONDITIONER AT 136 S 17TH ST, CAMP HILL, PA. CHRISTINE WILL SIGN OVER THE INSURANCE REFUND ON THE PROPERTY RR3 BOX 255P, WESTFIELD, PA 16950 TO MICHAEL. MICHAEL WILL TURN OVER THE KEYS AND THE GARAGE DOOR OPENER TO THE PROPERTY AT 506 OHIO AVE TO CHRISTINE AS SOON AS THE REFRIGERATOR IN THE BASEMENT OF THE 506 OHIO AVE PROPERTY IS MOVED BY MUMMA ELECTRIC AND THE CERAMIC TILE FLOOR AT 136 S 17TH ST IS INSTALLED BY KEITH PEIFFER. MICHAEL WILL NOTIFY CHRISTINE IN ADVANCE IF HE PLANS TO ENTER THE PROPERTY AT 506 OHIO AVE (AT ANY TIME) AFTER HE COMPLETES HIS MOVE TO 136 S 17TH ST ON SATURDAY, 7/26/97. CHRISTINE WILL NOT BE RESPONSIBLE FOR ANY BILLS AND/OR DEBTS INCURRED BY MICHAEL NOR WILL MICHAEL BE RESPONSIBLE FOR ANY BILLS AND/OR DEBTS INCURRED BY CHRISTINE, NOW OR IN THE FUTURE. MICHAEL AGREES NOT TO CONTEST THE NO FAULT DIVORCE PROCEEDINGS AND CHRISTINE AGREES TO PAY THE LEGAL COSTS OF THE NO FAULT DIVORCE. THE DIVISION OF PERSONAL PROPERTY INCLUDING FURNITURE, ANTIQUES, AUTOMOBILlS, TOOLS, ETC. HAS ALREADY anN MUTUALLY AGREED UPON. MICHAEL AGREES THAT ANY MONIES IN THE PSSU CUDIT UNION ACCOUNT ARE CHRISTINE'S ANt) CHRISTINE AGREES THAT ANT MONIES IN MICHAEL'S DAUPHIN DEpOSIT ACCOUNT BILONG TO HI CHAI!:L. r. ~ ~ , ...,; , ~ ., I"" 0 ! ~ C. '-'" ~ .... Cf? u ~ ~ p: a '" , ~ ',,'0' ~ ~ r ~ /'0 r-