HomeMy WebLinkAbout97-04564
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SUUNNY . Fitlllll>ml\
Murch 31. 199H
MARITAL SETTLEMENT AGREEMENT
THIS AGREEMENT, made this.. __2/.:JL day of j II: " ) I , 1998,
by and between John C. Soussy, Jr., hereinafter referrad to as "Husband", and Mary
Martha Saussy, hereinafter raferred to as "Wife".
WITNESSETH:
WHEREAS, Husband and Wife were lawfully marrlad on October 1, 1967;
and
WHEREAS, certein differences arose between the parties as a result of
which they separated on January 4, 1996 and now live separate and apart from one
another, and are desirous of settling fuliy and finally their respective financial and
property rights and obligations as between each other, Including, without limitation by
specification: the settling of all matters between them relating to the past, present
and future support and/or maintenance of Wlfa by Husband or of Husband by Wlfa;
an'lln ganeral the settling of any and ali claims and possible claims by one against the
other or against their respective estates for equitable distribution of all marital
property; and a resolution of all mutual responsibilities and rights growing out of the
marriage relationship; and
WHEREAS, the parties hereto, after being properly advised by their
respective counsel, Husband, by his attorney, Max J. Smith, Jr., Esquire, and Wife by
her attorney, Edward J. Weintraub, Esquire, have come to the following agreement.
NOW THEREFORE, in consideration of the abovll recitals and the
following covenants and promises mutually mada and mutually to be kept, the parties
heretofore, intending to be legally bound and to legaliy bind their heirs, successors and
assigns thereby, covenant, promise and agree as follows:
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Suussy . Flnulllrul\
Murch 31. 199K
1. SEPARA TIOM
It shall be lawful for each party ot all tlmas heraafter to live
separate end apart from the other as such place or places as he or she may from time
to time choose or deem fit.
2. INTERFERENCE:
Each party shell be free from Interferance, authority and contact
by the other, as fully as If he or she were single and unmerrled, except as may be
necessary to carry out the provisions of this Agreement. Neither party shall harass tho
other nor endeavor to molest the other, nor cllmpel the other to cohabit with the other
nor In any way malign the other, nor In any way Interfere with tha peaceful existence,
separate and apart from the other In all respects as If he or she were single and
unmarried.
3. WIFE'S DEBTS:
Other than the debts Indicated In Paragraph 5 below Wife
represents and warrants to Husband that since January 4, 1996 she hes not, end In
the future, she will not, contract or Incur any debt or liability for which Husband or his
estate might ba responsible and shell Indemnify and save Husbend harmless from eny
and all claims or demands made against him by reason of debts or obligations Incurred
by her.
4. HUSBAND'S DEBTS:
Other than the debts Indicated In Paragraph 5 below, Husband
represents and warrants to Wife that since January 4, 1996 he has not, and In the
future he will not, contract or Incur any debt or lIeblllty for which Wife or her estate
might be responsible and shall Indemnify and save Wife harmless from any end all
claims or demands made against her by reason of debts or obligations Incurrea by him.
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SUlINS)' . Flnullll'lll\
Mur~h J I. 1'l'lH
6. OUTSTANDING MARITAL D~BTS:
Husband ond Wife acknowledge ond egrea that they hove no
outstanding marital debts and obligotlons of tho Husbond and Wife Incurred prior to
tho signing of this agreament, except os folll1WS:
PERSON(61 NOW
DESCRIPTlQtl AMOUNT RESPONSIBLE
A. Ono Valloy Bonk Mortgoge $20,000 H&W
B. HFC (SecMd Mortgage) $12,000 H&W
C. Visa $600 H&W
The parties agree that Wife sholl hereafter be responsible for paying all
of the outstanding Joint debts and further agrees to Indemnify and save harmless
Husband from any Ilobllity for such debts or obligations.
In the event that either party controc"ed or Incurred any debts, other than
those specifically identified herein since January 4, 1996, the party who incurred the
debt sholl be responsible for Its payment regardless of the nome In which the account
may have been charged and agrees to indemnify end hold harmless the other for any
liability for such debts.
6. MUTUAL RELEASE:
Except as provided In this Agreement, each party waives his or her
right to alimony and any further distribution of property because both a9ree that this
Agreement provides for on equitabla distribution of their marital property In accordance
with the Divorce Code of 1960. Subject to tho provisions of this agreement, each
part'l has released and discharged, and by this Agreement does for himself or herself.
and his or her heirs, legal representatives, executors, administrators and assigns,
relaase and discharge the other of and from ali causes of action, claims, rights or
demands whatsoever in law or equity, which either of the parties over had or now has
against the other, except eny or 011 couse or causes of action for divorce and except
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SIIUNSY . Flnlll [)rul\
Murch J I, I'I'IK
In any or all causes of ectlon for breech of any provisions of this Agreement, Eech
party elso waives his or her right to request marital counseling pursuant to 23
Pe.C.S,A. Section 3302.
7. EQUITABLE DISTRIBUTION:
A. Husband agrees to transfer to Wife Immediately upon signing
of this Agreement, all of his Interest In and title to their jointly-owned real estate at
1520 Carlisle ROl)d, Camp Hili, Cumbarland County, Pannsylvanla subJact to tho
mortgage of approximately $20,000 Dollars given to One Valley Bank and $12,000
to HFC. Until Husband transfers to Wife her portion of his retlrament benefits and
vecates the martial residence as hereinafter provided, Husband agrees to be solely
responsible for the payment of all mortgage payments, taxes, Insurancas and utility
bills relatlva to said real estate. After Husband vacates the pramlses, Wife covenants
and agrees to pay and discharge the existing mortgage taxes, Insurance and other
obligations and agrees to Indemnify Husband from any 1055 by reason of any defl:lult
In payment and agraes to save Husband harmless from any future liability with regard
therato.
(1) On the date of the execution of this Agreement, Husband
shall deliver to counsel for Wife a fully executed deed to be prepared by Wife's counsel
transferring and conveying to Wife all of their right, title, claim and Intarest In and to
the real estate located at 1620 Carlisle Road, Camp HIli, Cumberland County,
Pannsylvanla. Wife's counsel shall not record the deed until sha pays Husbend
$12,600 as hereinafter provided. Thereafter, Wife shall be tha sole owner of tha real
estate and shall be permitted to record the deed end take any other action with respect
thereto that she deems appropriate.
(2) Husband agrees that upon the execution of the daed,
Wife shall be come the sole owner of any and all homaowner's policies, title policies
and any other policy of Insurance with respect to the raal astata and shall ba entitled
to recelvo any paymants now or heraafter dua under such Insurance policies.
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Suussy . FillullJrul\
Murch 31, I<J<JH
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(3) Notwithstandlrg delivery to Wife of the deed to the
former marital residence. Husband. at his option, may continue to reside therein
(continuing the parties In-house separation) until his TIAA/CREF funds and benefits are
trensferred to Wife, but no later than May 1, 1996, For causo shown, including eny
delay In distribution of the TIAA/CREF and the payment to Husbend contomplated
herein, Husband may extend his poriod of occupancy for on additional thirty (30) days.
Should Husband movo before Wife's receipt of her TIAA/CREF funds and benefits. he
shell continue to pay to Wife monthly a sum equal to tho amount of both mortgages,
Insurance, taxes and utilities relating to tho property until Wife Is paid pursuant to the
Ouellfled Domestic Relations Order, as hereinafter provided.
(4) Within ten (10) days of payment to Wife of her share of
Husband's TIAA/CREF as hereinafter provldod, she shali pay to Husband the sum of
Twelve Thousand Five Hundred Dollars ($12,500).
(5) If any taxable gain is realize upon Wife's sale of the
residence. Husband's share of the tax liability shall be limited to the ratio that his
$12,500 distribution bears to the net proceeds realized upon sale of the residence.
B, Contents of The Merltal Residence:
AS of the date of the execution of this Agreement. Husband
shall set over. transfer and assign to Wife ell of his right, title, claim and interest In and
to the furniture. fixtures. goods. appliances, equipment and personal Items. Within the
former marital residence.
D. Motor Vehicles:
With respect to the motor vehicles owned by one or both of
the parties, they agree es follows:
(1) Wife shall retain the 1989 Plymouth Voyager.
(2) Husband shall retain the 1998 Plymouth Breeze.
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SUllSSY - I'lnulllrun
Murch J I. 1'I'lH
(3) All automoblla titles and Insurance polloles will be
correoted to reflect the ownership of Bach vehlole.
E. Indlvlduel Retirement Accountll, Penlllonll And Employment
Sen.fltll:
Husband Is the fully vested owner of retirement benefits
from the Teaohers Insurenoe end Annultv'7 Assoc1ntlon and College Retirement Equities
Fund (TIAA RA Contrect No. J5fl~7-3; ~~E~r~l Certlflcete No. P456177.0; TIAA
BRA Contraot No. K368162-0; CREF BRA Certificate NO. J368162.2). As of
December 24, 1997 Husband's TIAA RA Contract hed an accumulated value of
$168,365 and tha RA CREF certificate had a value of $244,364. Husband by a
Qualified Domestic Reletlons Order (QDRO), or otherwise shall cause to be transferred
to Wife from his retirement benefits the sum of $300,000, as follows: From his RA
CREF contract a lump sum payment of $225,000, of which $80,000 shall be paid In
cash to Wlfa and the balance rolled without tax or penalty Into an account designated
by Wife, and from his T1AA RA contract, the sum of $75,000 without tax or panalty
Into an account designated by Wife. Upon receipt of her peyments. Wife shell pay to
Husband, the sum of $12,500 as hereinbefore provided. A Stipulation for QDRO shall
ba prepered at Husband's cost by counsel for Husband and reviewed and approved by
counsel for Wife end ett~ched to this Agreement as Exhibit "A". Husband and his
counsal shall use their good faith efforts to obtain approval of the Quelified Domestic
Relations Order by TIAA/CREF and Implementation of the Qualified Domestic Relations
Order at tha earliest possible time. Wife acknowledges that her wlthdrawel of
$80,000 may be subject to taxes and penalties which shall be paid solely by her.
F. Joint Blink end Chergs Accounts:
All Joint bank and charge acco1Jnts, credit card accounts and
any other Joint accounts shall be terminated and each party shall take those steps
necessary to hava the other romoved as ~ responsible party from any such account.
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SUlISS)' .. FlnullJrun
Murch 31. 199M
G. Property to Wife:
The pertles egree thet Wife shall own, possass, end enjoy
free from eny claims of Husband, the property awerded to her by the terms of this
Agreement. Husband hereby quitclaims, assigns and conveys to Wife all such property
together with any Insuranca policies covering that property, and eny escrow accounts
relating to that property. This Agreement shall constitute a sufficient bill of sele to
evidence the transfer of any and all rights in such property from Husband to Wife,
U. Property to Husband.'
The parties agree that Husbend sholl own, possess, a',d
enjoy free from any claims of Wife, the property awarded to her by the terms of this
Agreement, Wife hereby quitclaims, assigns and conveys to Husband all such property
together with any Insurance policies covering that property, and any escrow accounts
relating to that property, This Agreement shull constitute a sufficient bill of sale to
evidence the transfer of any and all rights In such property from Wife to Husband,
I. Miscellaneous Proporty.'
All property not speclficelly addressed herein shall hereafter
be owned by the party to whom the property Is titled, and if untitled, the party In
possession. This Agreement shall constitute a sufficient bill of sale to evidence the
transfer of any and all rights In such property from each to the other,
J. Tax Liability:
The parties believe end agree that the division of property
heretofore made by this Agreement is a non-taxable division of property between co-
owners rather than a taxable sale or exchange of such property. Each ~erty promises
not to take any position with respe.::t to the adjusted basis of the property assigned to
him or her with respect to any other issue which is inconsistent with the position set
forth in the preceding sentence on his or her Federal or State income tax returns.
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SUUNNY . I'lnul Ilrull
Murch .11. 199H
B. LIFE INSURANCE:
Each port sholl continue to own any life Insurance pollclas currently
In effoot, without restriction os to the desillnotlon of beneflclerles,
9. ALIMONY:
Husbond sholl pay to Wife non-modifiable alimony In the amount
of $ 700 per month commencing on the first day of the first month he vacates the
marltel home but no later than May 1, 1996 unless extended for thirty (30) days for
ceuse and ending sixty (60) months thereafter. Alimony shall tarminate in the event
of the Wife's death or remarriage, For tex purposes, all alimony payments are intended
to be deductible by Husband and includible as Income to Wife.
Wife acknowledges that these alimony payments are adequate, and
satisfactory to her and are based upon her actual need, her Husband's ebillty to pay,
the duration of the parties' marriage and other relevont factors which have bean taken
Into consideration by the parties. Although the approval of this Agreement by a court
of competent jurisdiction in connection with this action In divorce or annulment flied
by Husband or Wife shall be deemed on ordar of the court and may be enforced as
provided In 12 Pa.C.S.A. Section 3701, as amended, this Agreement, insofar es it
pertains only to support for Wife and the payment of alimony following the entry of
a final Decree in Divorce between the parties, may not be modified, suspended,
terminated, or reinstated at the instance of request of the Wife or Husband, or subject
to further order of any court upon changed circumstances of the Wife or Husband of
a substantial or continuing nature, or for any reason whatsoever. Upon that condition,
Wife hereby accepts the provisions of this Agreement in lieu of and in full and final
settlement and satisfaction of all claims and demands that she may now or hereafter
have against Husband or her support and maintenance of herself and for alimony, and
Husband and Wife further voluntarily and intelligently waives and relinquishes any right
to seek a modification, suspen~ion, termination, relnstitutlon, or other court order with
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SUll~~Y . FlulIlllrull
Murch -'I. I'I'IH
respect to the terms 01 this Agreemllnt pertelnlng to the payment 01 support to Wife
or the peyment of alimony by Husband.
Husband acknowledges and egrees that the provisions of this
Agreement providing for equitable dlotrlblJtlon of morltal property ore fair, adequata
and satisfactory to hil11 ond are accepted by hll11 In lieu of and In lull and final
Bettlement and satisfaction of ony clahns or demands that he l11ay now have or
hereafter have agelnst the Wile lor support, maintenanca or alimony. Husbend further
voluntarily and Intelligently wolves and relinqulshas Any right to saek from the Wife any
payment for support or alimony.
10. HEAL TH INSURANCE:
Husband eoroes to continue to provide and pay for Wife's medical
and hospitalization coverage until entry of a flnel decree In divorce. Thereafter via
COBRA, for thirty-six (36) moMhs followlno the entry 01 a final Decree in Divorce,
additional haalth care coverage may be obtained at the sole cost of Wife. Any
paymtlnts for health insurance wiil not be considered ellmony and are not Included with
the Income of the Wife within the meaning and intent of Section 71 of the United
States Internal Revenue code of 1954 and not deductible from Husband's gross
Income pursuant to the provisions of Section 215 of the United States Internal
Revenue code of 1 954-.
11. ALIMONY PENDENTE LITE, COUNSEL FEES AN EXPENSES:
Husband end Wife acknowledge and agrea that the provisions of
this Agreemant providing for tha equitable distribution of marital property of the parties
are fair, adequate and satisfactory to them. Both parties agree to accept the
provisions set forth In this Agreement in Lieu of and in full and final settlement and
satisfaction of all claims and demands that either may now or hereafter have against
the other for alimony pendente lite, counsel fees or expenses or any other provision
for their support and maintenance before, during and after the commencement of the
proceedingB for divorce or annulment between the parties.
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SUlINSY . Fln(\11 lrnl\
MUI'l:h .11. 199M
12. INCOME TAX RETURNS:
The parties hove heretofore filed joint faderal and state tax returns.
Both parties agrea that In the event any deficiency In federal, state or local Income tax
Is proposed, or any assessment of on such tax 15 mode against either of them, eech
will Indemnify and hold harmless the other from and against an 1055 or liability for any
such tax deficiency or assessment and any 1055 or Iiablilty for any such tax deficiency
or assessment and any Interest, penalty and expense Incurred In connection therawlth.
Such tax, Intarest, penalty or expense shall be paid solely und entirely by the Individual
who Is finally determined to be responsible for the llctlons, mlsrepresentlltlons or
failures to disclose separate income resulting In tex liability. The parties shall file
Jointly In 1997 and separately In 1998 and thereafter. Any 1997 tax refund shall be
sh&rer.l equally.
13. WAIVERS OF CLAIMS AGAINST ESTATES:
Except as herein otherwise provided each party may dispose of his
or her property in any way, and each party hereby waives and relinquishes any and all
rights he or she may now have or hareafter acquire, undar the present or future laws
of any Jurisdiction, to share In the proparty or the estate of the other as a result of the
marital relationship, including without limitation, dower, curtsey, statutory allowance,
widow's allowance, ri9ht to take intestacy, right to take against the will of the other,
and right to act as administrator or axecutor of the other's estate. Each will, at the
request of the other, execute, acknowledge and deliver any and all instruments which
may be necessary or advisable to carry into effect this mutual waiver and
relinquishment of all such interests, rights and claims and both parties will revoke prior
wills or testamentary documents.
14. AGREEMENT NOT PREDICA TED ON DIVORCE:
It is specifically understood and agreed by and between the partlas
harato 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 mede
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SUUHH)' . Flnull>rull
Murch 31, 1'i'iH
subject to any agraament for Institution, prosecution, defense, or for tha non.
prosecution or non-defense of any action for divorce; provided, however, that nothing
contained In this Agroament sholl prevent or preclude either of the parties hereto from
commencing, Instituting or prosecuting on action or actions for divorce, either absolute
or otherwise, upon Just, legal ond proper grounds; nor to prevent either party from
defending any such action which has baen, Illay or sholl be Instituted by the other
party, or from making ony Just or propar defenso thereto, It 15 warranted, covenanted
and represented by Husband and Wife, each to the other, that this Agreement is lawful
and enforceable and this werranty, covenant and reprosentatlon is mode for the
specific purpose of Inducing Husband and Wife to execute this Agreement. Husband
and Wife oach knowingly and understandingly hereby waives any And all possible
clali,;~ that this agreemant is, for any reason illegal or for any reason whatsoever,
unenforceable In whole or in part. Husband and Wife each do hereby warrant,
covenant and agree that, In any possible event, he and she are and shall forever be
estopped from asserting any Illegality or unenforceability as to all or flny part of this
Agreement.
15. SUBSE~UENT DIVORCE:
Wife at her cost by her counsel has filed an action for divorce under
3301 (c) of the Divorce code.
Simultaneously with the execution of this Agreement both parties
will execute Affidavits of Consent and a Waiver of Notice to enable counsel for Wife
to proceed with a no-fault divorce as soon as possible, providing counsel for Husband
with a duplicate decree. Counsel for Wife shail act to finalize the parties divorce as
soon as Wife receives payment pursuant to the Qualified Domestic Relations Order,
as herein provided.
The pArties further agree that each of them shall be responsible for
their own attorney's fees.
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Suu~~y . FillullJrull
Murch 31, 1'l'lH
The parties sholl be bound by the terms of this agreement, which
shell be Incorporated by reference Into the Divorce Decree, sholl not be merged In such
Decree, but sholl In all respects survive tho samo and ba further binding os on
enforceable contract, conclusive upon the punles.
16. BREACH AND ENFORCEMENT:
If either party breoches ony provision of this Agreement, the other
party shall hove the right at his or her election, to sue for damages for such breach,
or st/ok such other romedies or relief as moy be responsible for payment of legal fees
and costs incurred by the other in enforcing his or her rights under this Agreement.
Rllasonable interest sholl be assessed from the date of breoch.
A. This Agreement may be specifically enforced by either
Husband or Wife In Equity, and the parties hereto agree that If on oclion to enforce this
Agreement 15 brought in Equity by either party, the other party will make no objection
on the alleged ground of lack of Jurisdiction of said Court on the ground that there Is
an adequate remedy at law, The parties do not Intend or purport hereby to improperly
confer Jurisdiction on a Court in Equity by this Agreement, but they agree as provided
herein for the forum of equity In mutual recognition of the present state of the law,
end In recognition of the general jurisdiction of Courts in Equity over agreement such
as this one.
B. Notwithstanding anything to the contrary herein, Husband
and Wife may also proceed with an ection at law for redress of his or her rights under
the terms of this Agreement, and in such event it is specifically understood and agreed
that for and In specific consideration of the other provisions and covenants of this
Agreement. each shall wolve any right to a jury trial so as to expedite the hearing and
disposition of such case and so as to avoid undue delay.
C. Each party further hereby agrees to pay and to sava and hold
harmless the other party from any and alt attorney's fees and costs of liti9atlon that
aither may sustain, or incur or bacome liable for, in any way whatsoever, or shall pay
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SUlIHHY . Flnul Ill'lll\
Murch" 1. I '1'1M
upon, or In terms or provlslone of thle Agreement by reason of eny of the terms or
provlelone of thle Agreement by reeson of which either perty shell be obliged to reteln
or engege cOlin eel to Initiate or melntaln or defend proceedlnge against tho other at lew
or equity or both In any way whatsoever, provided that th(!l party who seeks to recover
ouch attornay's fees, and costs of litigation must first be flllccessful in whole or In
pert, befora there would be any liability for attorney's fees and costs of IItlgetlon. It
15 the specific agreement and Intent or tho parties that a breaching or wrongdoing
perty shall beor the burden and ohllgatlon of any and all costs and expenses and
counsel foes incurred by himself or herself as well as the other party in endeevorlng
to protect end enforce his or hor rights under this Agreement.
17. ADDITIONAL INSTRUMENT:
Each of the parties shall from time to time, at the request of the
other, execute, acknowledge and deliver to the other party any and all further
Instruments that may be reasonably required to give full force and effect to the
provisions of this Agreement.
18. VOLUNTARY EXECUTION:
The provisions of this Agreement and their legal effect have been
fully explained to the parties by their respective counsel, and each party acknowledges
that tho Agreement is fair and equitable, that it is being entered into voluntarily, with
full knowledge of the assets of both parties, and that it is not the result of any duress
or undue Influence. The parties acknowledge that they have been furnished with all
Information relating to the financial affairs of the other which has been requested by
each of them or by their respective counsel.
19. ENTIRE AGREEMENT:
This Agreement contains the entire understanding of the parties
and there are no representations, warranties, covenants or undertakin9s other than
those expressly set forth herein. Husband and Wife acknowledge and agree that the
provisions of this Agreement with respect to the distribution and divisions of marital
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SUlISS)' - FilHlllll'll1\
Murch .11. Il)l)H
and separate property ore fair, aqultoble and satlsfaotory to them based on the length
of thalr marriage and other ralevant filctors which hava been token into consldaratlon
by the parties, Both parties hereby accept the provisions of this Agreement with
respect to tha division of property in lieu of and in full and final sattlemant and
setlsfectlon of ell claims and demllnds thllt they may now have or hereafter have
against the other for equitabla distribution of their property by and any court of
competent Jurisdiction pursuant to 23 Pa,C.S.A, Section 3501 !l.L IBl.Q. or any othtlr
lews. Husbend and Wife each voluntarily and intelligently walva and relinquish any
right to seek a court ordared determination and distribution of marital property. but
nothing herein contained shall constitute a waiver by olther party of any rights to seek
the relief of any court for the purpose of enforcing the provisions of this Agreement.
20. DISCLOSURE:
Husband and Wife reprascllt and warrant to the other that he or
she has made a full and completc disclosure to the other of all assets of any nature
whatsoever In which either party has an Interest, the sources and amount of the
Income of such party of every type whatsoever and of all other relevant and material
facts relating to the subject matter of this Agreement,
21 . MODIFICA TION AND WAIVER:
A modification or waiver of any of the provisions of this Agreement
shall be effective only If made in writing and executed with the same formality as this
Agreement. The failure of either party to insist upon strict performance on any of the
provisions of this Agreement shJII not be construed as a waiver of any subsequent
default of the same or similar nature.
22. PRIOR AGREEMENT:
It is understood and agreed that any and all property settlement
agreements which mayor have been executed prior to the date and time of this
Agreement are null and void and have no effect.
23. DESCRIPTIVE HEADINGS:
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SUllM~>, . I'll1ullll'IIll
Murch 31. 1'l'lH
The descriptive heedlngs used herein ere for convenlenoe only.
They have no effeot whet soever In determining the rights or obligations of the parties.
24. INDEPENDENT SEPARA TE COVENANTS.'
It Is spec! flcally understood and ugreed by and between the parties
hereto that each paragrllph hereof sholl be deemod to be a separate and Indepandent
covenant and agreement.
26. APPLICABLE LA W:
This Agreement shall be construed undar the laws of the
Commonwealth of Pennsylvania,
26. VOID CLAUSES:
If any term, condition. clause or provision of this Agreement sholl
be determined or declared to be void or Invalid In law or otherwise, then only that
term, condition, clause or provision shall be strickan from thl5 Agreement and In all
other respects this Agreement shall be valid and continue 111 filII force. effect and
operation.
27. AGREEMENT SINDING ON HEIRS:
This Agreement shall be binding and shall Inure to the benefit of
the pertles hereto and their respective heirs. executors. administrators, successors,
and assigns.
IN WITNESS WHEREOF. the parties hereto have sit their Hends and Seals
the day and year first above written.
. L. (SEALI
, j) (' I
, /.- J I. (J .' l, (f . . l tf ,.' J {( _
Mary Mertha Saussy
((\L~}EAL)
)//1.' J)//\J
~ . .
Max J. Smith, Jr., El'lclulre
Counsel for Husband
~)~
Edward J. Weintraub, Esquire
Counsal for Wife
16
MARY MARTHA 5AUSSY,
Plaintiff
v.
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
'No. 97-4564 CIVIL LAW
JOHN C. SAUSSY, JR.,
De fondant
CIVIL ACTION - LAW
IN DIVORCE
To tho Prothonotary:
PRAECIPE TO TRANSMIT RECORD
D"'d~_ju
Transmit tha racord, together with the folloWing Information, to the oourt for
entry of a divorce decrea:
1. Ground for divorce: Irretrlevablo breakdown under Section 3301 (c) of the
Divorce Code.
2. Date and manner of service of the complelnt: Service accepted on
August 27, 1997 by Max J. Smith, Jr., Esquire, counsel for Defendant.
3. Date of execution of the affldevlt of consent required by Section 3301(0)
of the Divorce Code:
by plaintiff: March 31, 1996;
by defendant: April 2, 1998.
4. Date of execution of the Waiver of Notice In Section 3301 (cl Dlvorco:
by plaintiff: March 31, 1998;
by defendant: April 2, 1998.
5. Reletlld claims pending: None.
6. Date and manner of service of the notice of Intention to file praecipe to
transmit record, a copy of which is attached. If the decree Is to be entered under
Section 330 1(d)( 1)(1) of the Divorce Code. N/A
7. Plaintiff and Defendant have signed a Separation and Property Settlemant
Agreement dated March 31, 1998.
WHEREFORE, the Court is requested to enter a Final Decree in Divorce In
compliance with Section 3301 (c) of the Divorce Code and Pa. R.C.P. 1920.42(0)( 1)
and to incorporate the terms of the Separation and Pro erty Settlement Agreement In
accordance with Section 301 (0)( 1) and (41 and 4 (b) of 1~(l.Dlvorce Code.
I
Edward J W ,nt ~~uire
Attorney for Plaintiff
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SOU8IV . InVOIllOIV ond Apflroloolllonl
O,of' N1 .8/19/97
ASSETS OF PARTIES
Plaintiff marks on the list below those Items appllcabla to the casa at
ber and Itemizes the assets on the following pages. If an Item has been appraised, a
copy of the apprelssl report Is rJttached.
(Xl 1. Reel property
(Xl 2. Motor vehicles
( ) 3. Stocks, bonds, securities end options
( ) 4. Certificates of deposit
(Xl 5. Checking eccounts, cesh
( ) 6. Savings eccounts, money market and savings certificates
( ) 7. Contents of safe deposit boxes
( ) 8. Trusts
( ) 9. Llfa Insurance pcllcles (Indicate face value, cash surrender value
and current beneficiaries)
( ) 10. Annuities
( ) 11. Gifts
( ) 12. Inheritances
( ) 13. Patents, copyrights, Inventions, royalties
( ) 14. Personal property outside the home
( I 15. Businesses (list all owners. Including percentege of ownership,
and officer/director positions held by a party with company)
( ) 16. Employment termination benefits - severance pay, workman' s
compensation claim/award
( ) 17. Profit sharing plans
5"UISY . Inventory and Appraisement
Oralt N 1 . 8/19/97
(X) 1 B. Pension plens (indicate employee contribution end dete pi en
vests)
( ) 19. Retlrament plans, Individual Retlremant Aocounts
() , 20. Dh.leblllty payments
( ) 21. Litigation claims (matured and unmatured)
( ) 22. MllltarylV .A. benefits
() 23. Education benefits
( ) 24. Debts due, Including loans, mortgages held
(XI 26. Household furnishings end personalty (include liS II totel
cetegory end ettach Itemized list If distribution of such assets Is
In dlsputa
() 26. Other
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OrBit #1 . BI19197
LIABILITIES OF PARTIES
Plaintiff marks on tha list below those Itams eppllcllbla to the nese
at bar and Itemizes the lI11bllltles on the following pages.
Secured
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( ) 10. Contracts or Agreements
( ) 11. Promissory notes
( ) 12. Lawsuits
( ) 13. Options
( ) 14. Taxes
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Droll N 1 ' 8/19/97
v.
~ IN THE COURT OF COMMON PLEAS
t CUMBERLAND COUNTY, PENNSYLVANIA
No.17 4Jfrlr (7 ~ ~e._
CIVIL ACTION. LAW
t IN DIVORCE
MARY MARTHA SAUSSY,
Plaintiff
JOHN C. MUSSY, JR.,
Dafandant
I!IICOME AND EXPENSE STATEMENT
Attached hereto Is the Income and Expense Statement of Plaintiff
submitted pursuant to Pa. R.C.P. No. 1920.31.
..-
Edward J. Weintraub, Esquire
2650 North Third Street
Harrisburg, PA 17110
(7171 238.2200
ATTORNEY FOR PLAINTIFF
"
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SOUBBV ' II1CQIl10 ol1d EXpOI1BO
Droit #1 . 9/19/97
Medlcere Tall
7.79
Net Pey per Pay Period:
$ 365.115
Other Income:
Week Month Year
(Fill In Appropriate Column)'
Interest
$
$
$
Dividends
Pension
Annuity
Social Security
Rents
Royalties
Expense Account
Gifts
Unemployment Camp.
Workmen' s Compo
Totel
$
$
$
TOTAL INCOME
$ 791.16 per month
Soussy . Incomo ond E~penso
Drell #1 .8/19/97
Weekly Monthly
(Fill In Approprlete Column I
Yearly
Lagal fees
Cherltsble contributions
.
$
$
Other child support
Alimony payments
Other
TOTAL EXPENSES $ $2.427.91 $
PROPERTY OWNED
Ownership"
Description Value H W J
Checking accounts Commerce Bank .JJI.Q.QQ - X -
Checking eccounts Dauphin Deposit. ......3.2..Q.Q - X -
Checking accounts - - -
Savings eccounts - - -
Credit Union - - -
Stocks/bonds - - -
Real estate 1620 Carlisle Rd 80.000 - - X
Other Plvmouth Voyeger 6.000 - - X
TOTAL .
"H c: Husband; W c: Wife; J c: Joint