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HomeMy WebLinkAbout97-04444 F1 :: ,,' ~::::;:, ':~/~; ,_,,~ "h.~~" ." ' "".li":J'{~\':;'.~ .' v:- I,'" t~"'n' - - - ~ "tJ '. t-'." '~,,"'.. ,....~' t\.)l:- '-. _~.'"~;/:1 , .(~~.. ~. .;; ~:/.:A;'f':7{.a~f;~ .', " '. '~I::j~,t~tJ,:~t~J,~~~t~~ ~ \oAlMC='~"''''' ~~..~~-. 'i~' " _' ~\~.~1:; ~~JL(..~Jt.'1.\n~~';2"l!f.~"-. ~ ,_~,~~~~\l'.':'~;""!> .. .~ ' ',< ;~' .::;:~.t;'~f!:i-''';l~"" ~7.~~~n~~.':;:~ _, .; ,., ~->-'~.,. -=':" >I>1".L.-:I-'~I'FM't.'';;'-'' .votVf'i.l .. '. 'I\~' ~~t :'~~ .t'.n~""'~rij;~""'f:f~~-~.i.7';'].'~i ~ '" _ ...y. ",.ii.' IF'~ ~'t'''; ~,," ~ . 'J:' 1-':; "',; ,-"~ 'r'7~- ..;!::; -t --"~ ~I~t.- .;J ~.J:; ;1~ "";" -1 '. 1;:'1 ,\.<...,. . "I-..:l(',\ ~ ,', o?', ~>.~-" ,.. ....'~.f<'...f.-,f i';~ .I,~~f!'l '."", -;)';~:~~f"' ~ , ..., '\. <:-..,~;!t~~#'~",~ -''.i-~,._.;f::,~ , . '~;~/':~;~}:_'~:]1~r~~~1?' .~~ ~ ~ __~, ...< 'j"l . . ,:,~~~;~ -< t .f',;. ':."-': -.~ ,.,u.,. <.~:~~~~~~'~1~ : .~.:,:.~:~ .~~'~~~. >;"~!:~~~ ..;:_,~~,>tP:' ; 111 'IBB couaT or C(Ill<<lR PLEAS or CJftIIinulID COU1I'rt, l'ERllSYLVAJIU ~ C1V1L ACrlOll - LAIf 98-4444 clVlL TEIK 111 DlVO&CE .... ~ .,.' ". VDGllIIA JOAlII ~ JlALAVllIIDA, ~ PLaiDtiff " Y. ':"; T ). ~ . ~. cm."I1CBPD JlALAvmqlA. ~ ~, ~~ . ~ ~ ~ DefeadaaC ..,'. ".W!TPI to ft&8aIIT .-IJ"'& :'--~'E-~-~t1 ~, , . '.~ . ; ~-, ~. ~. , ~r ..i;... '::C ~ '.'" _ ~_~~ E",a _' . ,~ui4 .A.~ct~' ,r,' --_ ,-- ~. :':i~ .\~~:~:'. f:-P;-'-: .;~." '...............- JSlfl j ......... ...., ,...,. .it rttont ta.....'IiIIII. ~'''\I.. V'1t"'" -,,,,..... - _ 4,,_ ';',",,:~<. ~;;f-';;. ~> ;;:~~.~-'~ -:"- .".;- - ~ . "';,;:P: ~ ;,~. >.~~ ,~ : ',~'~~"l i-'.~: ,-. , 4, The consideration IOf this contract and agfeement is lhe mutual benefit to be obtain~-d by both of the parties hereto and lhe covenants and agreements of each of the parties to the other, The adequacy of the consideration for all ab'fccments h~'l"ein eontain~-d is stipulated. confessed, and admitted by the parties, and the parties intL'l1d to be legally bound hercby, Each party to the AblfCCl11ent aclmowledges and dcclarL'S that he Of she. respecti\'ely: (I) is reprcscnlL-d by counsel of his Of her own choosing; Of if not represented by counsel. understands that he or she has the right to L'ounsd: (2) is fully and completely in limned of the facts relating to the subject matter of this Agreement and of the rights and liabilities of the parties; (3) enters into this Agreement \llluntarily after fCL'Ci\'ing the ad\'ice of counsel; (4) has gi\'en careful and mature thought to tbe making of this Agreement; (S) has carefully read each pnwision of this Agn'elllent; and (6) fully and completely understands each pnwision of this Agreement. both as to the subjl.'\.'t matter and legal cllect. This Agreement shall bectllTM: clTl.'\.'ti\'e immediately as of the date ofL~ccutkm, S, It is the purpllSC: and intent of this Agr~:ment to settk lilre\LT and I:\lIllpletely the internt and llbliptklRll of the partia in all rn'lX'I1y lhallhcy O\l" !l\1l'Ifatdy. and all pnlf"l1y lbat would qualify lIS marital pnlpCl'ly under the Pam~~hania Oinll\.-': t'l1Ik. Title ~). Sa.1ion 3)OlIc)' and , that is refClTL-d to in this Agreement as "Maritall'roperty". as helween thelllsclws. their heirs and assigns. The parties have attcmptL-d to divide their Marital Propt.'rly in a manner that confllOns to a just and fair standard. with due regard to the rights of each I'arty, The division of existing Marital Property is not intended hy the partiL-s to constitute in any way a sale or exchange of assets. and the division is hcing elli:cted without the introduction of outside funds or other propt.'rly not constituting a part oflhe marital L'State. It is lhe further purpose of this Ab'l'C\.'I11cntto settle tllrevL'!" and completely any obligation under the Pennsylvania Divorce Code relating to spousal support or alimony, 6. Each party represents and warrants that he or she has made a tull and fair disclosure to the other of all of his or her property interests of any nature. ineluding any mortgage. pledge. lien. charge. security interest. CIK.'Utllbranee. or restriction to which any property is subject. Each party further represents that he or she has made a full and fair disclosure of all debts and obligations of any nature tllr which he or she is currently liable or may become liable. Each further I'qlrcsents and warrants that he or she ha.~ not made any gills or trans fen for inadequate consideration of Marital Pnlperty "'ithllutthe prior L'onscnt of the other. Each Party acknowk-dges that.. to the c:.\tcnt dcsin.-d. he or she has had access to all joint and separate State and Federal Tall Returns med by or on behalf of L;!her or both Parties during mamage. 04 7, SUPPORT: It is the mulual desire of the parties thatllUSBAND will not be required to pay support to the WIFE, WIFE will not provide any financial supp4.1rt to the HUSBAND. The parties also waive any right they have to receive alim4.1ny payments from the other following the entry of the Divorce Decree in this matter. 8, PERSONAL PROPERTY: The parties agrce that the personal property ha.'1 been divided between the parties to their mutual satisfaction with the exception of the following items to be returned to WIFE when HUSBAND moves out of his current residence. or \Io;thin one (1) year from the date of execution of this agreement. which ever occurs tirst: a, kitchen table and chairs; b, bike; c, entertainment center; d. antiqllC desk; e. microwave; f. Idtdlen curtains. The WIFE hereby wai\'es all right and title which she may ba\'e in any personal property of the HUSBAND, HUSBAND likewise wai\'cs any interest which be has in the personal property of the WIFE. HClk."Cforth. cadI or the parties shall own. haw and enjoy indqlcntkntly 4.1f any claim or right of the other rart)'. all it\.'l11s Qf ~mal property of C\~ kind. nature and dcsI.-riptiM and wherC\t.'f ,utuatoo. whkh alT tm.'I1 \lWl\c.'\I ur held by or whkh may hm:alkr beIoog tl.1 the IIUSBAND or WifE witb full rt",er t4.1 the IIlISBAND \It the WIFE k\ disr<* of ~ as fully and etltctually. in all n:sp.'rtS and ft. all puI'Pl~ as irlle 1.11'. w-m unmanied. ~ Each pany agrees that neither will incur obligations. liens or liabilities on account of the olher and that from the dale of this Agreement. neither pany shall contract or incur obligations, liens or any liability whatsoever on account of the oth~'J'. 9. AUTOMOBILES: WIFE ht.'J'eby waiv~'S all right. title and interest in any vehicle thai HUSBAND currently owns or may own in the future, HUSBAND shall hold WIFE hannless for any and all liability associated with the use and purchase of any vehicle he may own. and shall be solely responsible for all insurance and other financial responsibility associated with said vehicle. HUSBAND hereby waives all right. title and interest in any vehicle that WIFE currently owns or may own in the future. WIFE shall hold HUSBAND hannless for any and all liability associated with the use and purchase of any vehicle she may own. and shall be solely responsible for all insurance and other financial responsibility a~ialed with said vehicle. 10, MARITAL DEBTS: II is mutually agreed by and between the parties that WIFE shall assume all liability for and ray and indemnitY the II11SBAND against all dehts incurred by WIFE after the date of separation. WIFE represents and warrants to HUSBAND that since the partics' marital separation she has not contracted or i~'UtTI.'d any debt or liability for which HUSBAND or his es.tate might be respo.msible and WIFE further represents and warrants to HUSBAND that she will not t....llltrlk.'t or i~"Uf any debt or Iiabilit)' after the ex.:cutKm of this Agm:mcnt. for \\hkh HUSBAND or his estate might be n."S)lI.m,'\ible. WIFE shall indemnitY and 5I\e HVSBA~D Iwm~s tnll1\ any and all dalms llf lk'manlls tnalk again.~ him by rea.'ilm l,f ddltll 01' llNiplions incurred by her, (> HUSBAND shall assume all liability lilr and indemnity WIFE against the VISA card balance, account number 4071 2970 4(J(JI 3615 with an appro xi male balance of S5.0(J(),OO, HUSBAND shall assume all Ii..bility tilr and pay and indl'lTlnity the WIFE against all debts incurred by HUSBAND aner the date of separation, HUSBAND represents and warrants to WIFE that since the partk'S' marital separation he has not contracled or ineum'll any debt or liability for which WIFE or her estate might he responsible and HUSBAND further represenL~ and warrants to WIFE that he will not contractor incur any debtor liability after the execution of this Agreement. for which WIFE or her estate might be responsible. HUSBAND shall indemnify and save WIFE hannless from any and all claims or dl'lTlands made against her by reason of debts or obligations incurred by him. II. INSURANCE AND EMPLOYEE BENEFITS: The parties agrl'C that any life insurance polieies on the life of HUSBAND or WIFE or any other employee benefits, including but not limited to retirement. profit sharing or medical benefits of either party. shall be their own, WIFE waives all right, title and claim to HUSBAND's employee benefits. and HUSBAND waives all right, title. and claim to any of WIFE'S l'l1lployee b<:nelits, 12. BENEFITS AND BANK ACCOUNTS: WIFE al,orces to waive all right. title and interest which she may M\e in the su\ings or checking or any other bank ,",~'ounts of the HUSBAND. and HUSBAND altfCCS to "ai\c all interest which he has in the bank 1t\.'U\Unts llf the WifE. 1 13, DIVORCE: The partk'S both agrl'C to coopl'!'ate with each othl'!' in obtaining a final divorce of the marriage, It is agrl'CO that the parties will execute and tile the COnSl'l1ts necessary to obtain the divorce, Any party who fails to COOp",.ate with obtaining the Divorce shall pay all the costs and legallCl'S of the party who is seeking the divorce. 14, BREACH: If either party brcachl'S any provisions of this At.'l'eement. the other party shall have the right. at his or her election. to sue for damages for such breach or seek such other remedies or relief as may be available to him or her. and the party breaching this C<lntract should be responsible for payment of Icgalli:cs and C<lsts incurred by the other in enforcing their rights under this Agreement. IS. ADDITIONAL INSTRUMENTS; Each of the parties shall from time to time. at the request of the other. execute, acknowledge and deli\~er to tbe oth",. party any and all further instruments that may be reasonably requin'li to give full force and elli.'\.1 to the pnl\~isionsofthi5 Agreement. I fl. VOLUNTARY EXECUTION; 'The rnl\isil\l\s ofthi~ Agm:ment and their lqat cITed ha\\: tither been fully cllplained hI tbe pu1ie,; hy their n""",'\.1i\ e \'\lUf\licl. llI' have been tUlly rc\iewed and undmtlllld if not n~"'t\'" hy l'\lun~I, and ('lid, J'lII1y lI:"OII"ledgcs that the Aan:cmmt is fair and equitahle. and that it is heing ent\'TCd illhl wluntarily. and that it is 0I1t the 11 result of any duress or undue inlluence, 'nle parties agr~'C that unless otherwise specifically provided herein, this Agr~'\.'I11ent shall continue in full force and el1Cct alter such time as a final Decree in Divorce may be entcn.-d with res(l\.'Ct to the parti~'S, The partk'S further ab'l'ec that the terms of this AblJ'CCl11ent shall be incorporated into any Divorce Decree which may be entered with respect to them, It is lhe partics' inlent that this Ab'J'C(.'I11ent do~'S not merge with the Divorce Decree, but rather shall continue to have ind~'JlCndent contractual signilicance, Each party maintains his or her contractual remedies as well as court ordered remedics as the result of the aforesaid incorporation or as otherwise provided by law or statute. Those remedies shall include. but not be limited to. damages ll.'Sulting from bll.-ach of this Agreement. spedfie enforeement of this Agreement and remedies pertaining to lailure to ~'Omply with an order of court or ab'fCClllent pertaining to equitable distribution. alimony. alimony pendente lite. ~'ounscl fees and costs as set forth in the Pennsylvania Divorce Code or other similar statutes now in elrect and as amended or herealter enacted, 17. ENTIRE AGREEl\lENT: This Agreement ~'Ontains the entire understanding of the parties and there arc no representations. warranties, covenants or undertakings other than those expressly set forth hertin, 18. APPLICABLE I.A W: This Agn:enterlt shall be Cl1l1.'\tnk-d under the Laws of the ('ommonwQ}th of Pcnnsyhania. ') 0 .,..") r I ! ~;;} I ,~ "t {:. .,. , i . r 4'~ : , 'V ,.~ "'< , " ...... III 'l'IIE COUllT OF COMMON PLEAS OF CUMBDLAJlD COURTY, PIOOISYLVANIA CIVIL ACTION - LAW 91- CIVIL TERH III DIVORCE FiLEQ-OftlCl: OF 11-r: :'m"-!l:HmJlIW @ VIB.GDIIA JOARlI MALAVEIlDA, Plaintiff 91 WI; '5 P~\ 121 19 CUM:i;:':.Li;;.;i) COO>l1Y pa~i~Sl1k'vl'\1.f~~ ' v. ...p t4. Chx., flJ7S.r.'OSd1- ~~ ~ '.\1\) /YO .60 C&B.L UCIIAID MALAVEIlDA, Defendant ClIIPLWIT III Dmw:E ruI!AWIT 1'0 stenCIl 33Q1(c) or DEDIVOICE mol ~ ..-- ~"';. ~~&:~~. ..............( - - . _ "- ..., I11lUI' ~f_'"''- It""'" - WlIl11'1M1'_ .~~ ~~..' ~ ~/ ~'f. "]!to " ~ ~ . IN THE COURT OF COHKON PLEAS OF CUMBEIlLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW 98-4444 CIVIL TERM III DIVORCE '.'.'1 Jl " , ..... . VUGIlIIA JOAIIR HALAVEIIDA, Plaintiff CUU:;;;;:;' f!,,, ',('r'l'''rrv IV:~;_ , :. .,: " .,' '\.Jtlll PtN~:2.YLV~~,Z~l\. .- ~ v. CAlL IICIWlIl HALAVEIIDA. Defendant ~ ...~. ~ ~, AI'FIDlVlT or SDVlCl or a:IIPLUlIT POJS1WIT '10 PA. ~ a.c.r. IDLE JO. 1920.4(.)(1)(1) .~~ .~, ~ ,~ ~~ ~ t~ ~~ :, ~ ' !~.. ~-_. '..L,., .A~%.j.~ <<~ ~ I ~........ ~ - .__...... stun e..~.. .....'fl..... .Jet..... (1\'1.... - '''It\1I''' ' .... .~ .(' .~ III THE COUiT OF COHMOH PLEAS OF COHBEIlLARD COUIITY. PEHHSYLVAH1A CIVIL ACTIOR - LAW 98-4444 CIVIL TERK III DIVORCE .~ VIJlG1IIIA JlWlJI IlALAVEllDA. PlaiDtiff Y. CAlLUCBAID KALAVEIIDA. DefeDdant ~. ~ ArrIDAVIT or ClIISDr AID ~ IlAlYD or 1lJ1'1C1 or U1uatLllII TO IIIIQUIST IlIftt or A , DlVOICI DIlCIU oea SlCtIOR 330l(e) or 'ID DlVOICI COOl , , .~ .~. ,~ .~ : .-- -~~ J:%r)~ <<Jr;~ .~ ...........- ~ L - __t_...,._, _.....__1""- ~. 1'..1..., _ _.tiJ)....._ :'1' " ',. ~ ."t,-: -~,,-.( "~';(';i'" l:n.f:L31 :r~'~ L':'IO,' o -", ~,/hl'V"" \-.:....;,;. ~' . ~_; \_.....;t.}pIJ.{. f6~ ']?;'l'LVA\jif, " >.\ " II TUB coon or COIIlOH PLEAS OF cmmEILAIID couan. PI!IIHSYLVA!IlA CIVIL ACTIOI - LAW 98-4444 CIVIL TEIIH 1JI DIVOllCE , , . "'j t"'...r~;r;~'~ ,,", "'.~'J''''x. ~~'::)T'~r'YJ,'~-' ,~ ~, . ~ ~ ~ll'~" N\1 " ';"_"">"':~".' L "f",',", .,',_>..:' :: ..;.....:; r '1 ,"~ '. i 1\' L: 2 \ -'i..i, ",:' "~: .~..,," '. i VlIGIIlA JOAlDl MALAVE1IDA, Plaintiff ",,:jm! ..... "c'.,',';'..J l}.__~;\l J. v.I'~:,::-~"_"" "".to, r;..'-"\"~ h",'H~ \1"\ .... CAIIL IICIIAID MALAVEIIDA. DefelMlant .AllIDA.VlT OF a1U1lIIT AIID 1I&lVD or WJflCl or UT1lIITlOll to uqua'r JlIITU or A D~ DIlICID URDU SECrlOll 3301{C) OF 'l'U DlYOllCE CODE lJlIIOomcP ...t:.,J...A,~ <<~~ ................, - "1IUT1JClIIf1lll'~ _......~-"..... It.'!.... .... 'AI l?I1I....- .