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HomeMy WebLinkAbout97-04406 - 't ~ ~ - t: ~ (' '" ~ :-- .. .~ , ~ ~ ~ .). ::1' ~ \)'oj , . . i ~l / up to the date of execution hereof. (3) The parties are the owners of certain real estate with improvements thereon erected known as 21 Appalachian Trail Road, Garnders, Cumberland County, Pennsylvania. Wife agrees within thirty (30) days of signing this Agreement to convey said real estate with improvements thereon erected by special warranty deed. Husband shall assume full responsibility for all household expenses including, but not - limited to the mortgages and liens of record, utility bills, insurance and real estate taxes in connection with said property. With regard to all such expenses, Husband hereby agrees to hold Wife harmless and indemnify her from any loss thereon. In exchange for Wife's equity in said real estate, Husband agrees to transfer contemporaneously with the signing of the Deed his interest in the Vanguard/Windsor IRA Account, with an approximately value of $25,470.71, his in~erest in the joint Farmers Trust Savings Account with an approximate balance of $13,336.81, and an additional $6,300.00 in cash to Wife. (4) In the event that either party contracted or incurred any debts since the date of separation July 5, 1997, the party who incurred said debt shall be responsible for the payment thereof regardless of the name in which the debt may have been incurred. Husband and Wife acknowledge and agree that they have no other outstanding joint debts and obligations of the Husband 2 and Wife incurred prior to the signing of this Agreement, except as follows: N/A. (5) Each party relinquishes any right, title and interest he or she may have to any and all motor vehicles currently in possession of the other party, including a 1980 Jeep CJ-5 and the 1988 Chevy 5-10 Pickup, which shall go to Husband, and the 1985 Camaro which shall go to Wife. The parties further agree that the 1989 Chevrolet will be titled in Husband's name but will be given to their son, Bradley Alan Neal, for his use. (6) The parties hereto mutually agree that they have effected a satisfactory division of the furniture, household furnishings, appliances, tools and other household personal property between them, and they mutually agree that each party shall from and after the date hereof be the sole and separate owner of all such property presently in his or her possession whether said property was heretofore owned jointly or individually by the parties hereto. 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 hereto. Specifically, Wife will be entitled to the stereo, dresser, desk, 19" color TV, the newest VCR, the china closet and its contents, and her own personal effects and clothing. All other personal property shall remain in the possesaion of the Husband. 3 (7) Each party hereby relinquishes any right, title or interest he or she may have in or to any intangible personal property currently titled in the name of or in the possession of the other party, including but not limited to,. stocks, bonds, insurance, bank accounts and retirement accounts, including Wife's 401K Plan in Manor Care. The parties agree to retain their own Farmers Trust bank account, and waive their interest in each other's respective accounts. (8) Except as otherwise provided herein, Husband shall not pay to Wife nor Wife to Husband any sum whatsoever as alimony, alimony pendente lite, or for his or her support or maintenance. (9) Husband agrees to pay Wife's 1997 personal taxes. (10) Each party is now represented by counsel of his and her own choice. Husband agrees to cover all attorney's fees incident to the divorce and property settlement up to the sum of $1,000,00. Any costs incurred above and beyond the $1,000.00 shall be shared equally between the parties. (11) Neither party shall contract or incur any debt or liability for which the other party or his or her property or estate might be responsible and shall indemnify and save the other party harmless from any and all claims or demands made against him or her by reason of debts or obligations incurred by the other party. (12) Each of the parties shall from time to time, at the request of the other, execute, acknowledge and deliver to the 4 other party any and all further instruments that may be reasonably required to give full force and effect to the provision of this Agreement, (13) Husband and Wife agree to join in the filing of a 1997 joint federal, Pennsylvania and local income tax return. In the event that a refund is received, the parties agree to share this refund equally. In the event that there are expenses in preparing the return, and/or tax liability, the - parties shall share equally in said expenses and liability as well. (14) The parties do hereby warrant, represent, acknowledge and agree that each is fully and completely informed of, and is familiar with, the wealth, real and personal property, estate and assets, earnings and income of the other and that each has made a full and complete disclosure to the other of his and her entire assets and liabilities and any further enumeration or statement thereof in this Agreement is specifically waived. , (15) Husband and Wife acknowledge that each of them has read and understand his and her rights and responsibilities under this Agreement and that they have executed this Agreement under no compulsion to do so but as a voluntary act. (16) It is further specifically understood and agreed by and between the parties hereto that each party accepts the provisions herein made in lieu of and in full settlement and satisfaction of any and all of said party's rights against the other for past, present and future claims on account of 5 support, maintenance, alimony, alimony pendente lite, counsel fees, costs and expenses, equitable distribution of marital property and any other claims of each party, including all claims which have been raised or may be raised in an action for divorce. (17) Except as may be otherwise specifically provided in this Agreement, Husband and Wife, for themselves, their heirs, representatives and assigns, each hereby forever releases, remibes, discharges and quitclaims the other, anQ such other's heirs, representatives, assigns and estate, from and with respect to the following: A. All liability, claims, causes of action, damages, costs, contributions, expenses or demands whatsoever in law or in equity; B. All rights, title, interest or claims in or to any property of the other, whether real, personal or mixed and whether now owned or hereafter acquired; c. All rights of curtesy and dower and all claims or rights in the nature of curtesy and dower; D. All widow or widower's rights; E. All rights, title and interest or claims in or to the other's estate, whether now owned or hereafter acquired, including but not limited to all rights or claims: (1) to take against the other'S will; (2) under the laws of intestacy; 6 , (3) to a family exemption or similar allowance; and (4) all other rights or authority to participate or intervene in a deceased spouse's estate in any way, whether arising under the laws of Pennsylvania or any other country, territory, state or political subdivision. F. All rights or claims to any accounting; G. All rights, claims, demands, liabilities and obligations arising out of or in connection with the marital relationship or the joint ownership of property, whether real, personal or mixed; H, All rights, claims, demands, liabilities and obligations arising under the provisions of the Pennsylvania Divorce Code, Act 26 of 1980, as the same may be amended from time to time, and under the provisions of any similar statute enacted by any other country, state, . territory or political subdivision; I. All rights, claims, demands, liabilities and obligations each party now has, or may hereafter have, against or with respect to the other. (18) This Agreement shall be construed under the law of the Commonwealth of Pennsylvania. If any provision of this Agreement is determined to be invalid or unenforceable, all other provisions shall continue in full force and effect. 7 (19) In the event that either of the parties shall recover a final judgment or decree of absolute divorce against the other in a court of competent jurisdiction, the provisions of this Agreement may be incorporated by reference or in substance but shall not be merged into such judgment or decree and this Agreement shall survive any such final judgment or decree of absolute divorce and shall be entirely independent thereof. (20) In the event that either party breaches any provision - of this Agreement, and the other party retains counsel to assist in enforcing the terms thereof, the parties hereby agree that the breaching party will pay all attorney's fees, court costs and expenses incurred by the other party in enforcing the Agreement. (21) This Agreement constitutes the entire understanding between the parties and there are no covenants, conditions, representations, or agreements, oral or written, of any nature whatsoever, other than those herein contained. (22) This Agreement shall bind the parties hereto, their respective heirs, executors and assigns. IN WITNESS WHEREOF, the parties hereto intending to be legally bound have hereunto set their hands and seals the day and year first written above. .{/dl-l(4~ W ness ~ Wt! 88 ~~~ Ralph N. Neal ~~~~~~ 8 ii H " ;! i.!, (b) (11 Date of Execution of the Plaintiff's Affidavit !l II required by Section 3301 (d) of the Divorce Code: I' tl I' ,I II 11 Ii ,I I' [! II it SAlOIS, GUIDO, " SHUFF A MASLAND j: II II 1! !i RALPH N. NEAL, Plaintiff II II Ii !! I' 'I I I Ii F I! I i! q I, II 1l " Ii ii IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 97-4406 Civil Term IN DIVORCE TRUDY ANN NEAL, Defendant PRAECIPE TO TRANSMIT RECORD To the Prothonotary: Transmit the record, together with the following information, to the Court for entry of a divorce decree: 1. Ground for divorce: Irretrievable breakdown under Section 3301(c) -- Section 3301(d) of the Divorce Code. (Strike out inapplicable section.) 1; " 1) !! 2. Date and manner of service of the Complaint: Certified II mail, return receipt requested attached hereto as Exhibit "A", :1 postage prepaid. il Ii .1 Ii II I' It i: 3. (Complete either paragraph (a) or (b): (a) Date of execution of the Affidavit of Consent required by Section 3301(c) of the Divorce Code: By the Plaintiff: 2/19/98 . , By Defendant: 1/27/98 (21 Date of service of the Plaintiff's Affidavit upon the Defendant: 4. Related claims pending: none 5. Complete either (a) or (bl: (a) Date and manner of service of the notice of intention II to file Praecipe to Transmit the Record, a copy of which is !! attached: [! 2" \\' UllhStftott ii C..I"J".PA:; (b) Date Plaintiff's Waiver of Notice in S 3301(c) divorce i was filed with the Prothonotary: 2/25/98 i,l 'I Date Defendant's Waiver of Notice in S 3301 (cl divorce 'i was filed with the Prothonotary: 2/25/9~_.. <.~::. ;~) Date: JOhnn~';~. peil;, Esquire Attorrtey ror Plaintiff SAlOIS, GUIDO. SHUFF " MASLAND ~6 W "lab Sum Cui'U<. P^ " n " Ii " Ii Ii ;i " il IN THE C0URT OF COMMON PLEAS OF Ct~BERLhND COUNTY, PENNSYLVANIA i ~ !I RALPH N. NEAL, " j! I J j; Plaint iff NO. ~7-4406 Civil Term v. Ii TRUDY ANN NEAL, iI Defendant ;i IN DIVORCE :i II li " I' I ., jl !l H " ,I 1. I' ~i"cr~:-; DEFENDANT'S AFFIDAVIT OF CONSENT. ACCEPTANCE OF SERVICE AND WAIVER OF NOTICE ~INTENTION TO REOUEST E~:Y 0: oAl DIVORCE DECREE UNDER SE ON 3 (c) OF THE DIVORCE CODE A Complain:' in divorce under Section 330l(C) of the ~_de W~~ filed on ~Uq~sr 13. 1437. ii 2. Defendant acknowledges and accepts service of the , Complaint on August 18, 1997. :; ii :i i: ~j !i 3. The marriage of Plaintiff and Defendant is irretrievably' broken and ninety days have elapsed from the date of the filing , of the Complaint. II 0\, 1 consent to the entry of a f Ina1 decree of di vorce " j! without notice. 5. I understand that I may lose rights concerning al.l.rr.v~lY, division of property, lawyer's f~eR or expenses if 1 de not claim them before a d~vorce is granL~d. :! 6. 1 understand that I will not. be div.::>Iced until a dlVC:>l,:fl decree is entered by the Court. and t.hat a copy of the decree will be sent to me immediately afte!' it is filed with the Prothonotary. i L jJ !j .. ii 7. 1 have been advised of the availability of marriage counselling and understand that I may req~esr that the court re,:l':' TP ""'1rq..l} inq. 1 do nnt request U'ilt tr.e court req,.ire counselling. " il I verlfy that the st.atements made in this affidavit are tru~ and correct. I understand that fals~ statements herein are made! subject to the penaltles of 18 Pa. e.s. Sectlon 4904 relating tb ::::::~falSificat~n to authontlCS .... ~~ \ l.._'l6__ 0. ' ~~-~ - ~ T'udy A1~'1 ,ea 1 tJ~t~-".aar,t LAW OFFICES SAlDIS, GUIDO, SHUFF" MASLAND Z6 W. HIGH STREET 1109 lIARKET ffRR!r C.uuSLE. PA 17013 CAlIP Hlu..l'A 17011 PHONE nJ71 10-6211 PIlONEnJ717J7.)41)5 CEaIIJ'IIlU COPY: '. . " ... . .. ! ....-- .~.. !I 'I Ii r Ii II SAlOIS, GUIDO, 'Iii SHUFF " MASLAND h 'I 11 II [1 n }l !, :OW HllhS..... C..b,k. PA RALPH N. NEAL, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY. PENNSYLVANIA 97- 4406 Civil Term v. TRUDY ANN NEAL, Defendant IN DIVORCE ORDER AND NOW, this --1.L day Of'-\)~ I II 'I Ii !I II 'I I' I I , \ Oualified Domea'ic Rela,'on. O,de' pu,.uan' '0 Sec,ion ~ II 1997, upon consideration of the attached Stipulation for entry of a Qual:fied Domestic Relations Order, this Court finds as follows: 1. The above-named parties are husband and wife and have asked this Court, in accordance with the Marriage Settlement Agreement negotiated between the parties, to enter into a 408(0) (6) of the United States Internal Revenue Code. 2. The Plaintiff is the owner of a Vanguard/Windsor II Fund (hereinafter "The Fund"), in which he had benefits at the time of the separation to the value of $25.470.71. 3. The Funds shall be transferred to the alternate payee, the Defendant. Trudy Ann Neal whose address is 17 Orange Street, Mt. Holly Springs. PA. 4. The Trustee of this plan is the Vanguard Group. 5. Plaintiff and Defendant had agreed that the Trustee on behalf of the Plaintiff, snall transfer from the Vanguard/Windsor II Fund, as a tax-free rollover transfer pursuant to a Qualified Domestic Relations Order entered into ,; ,i 11 " this divorce action, in the sum of $25,470.71, and the parties " I I )