HomeMy WebLinkAbout97-04808
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SEPARATION AGRJIMBNT
THIS IS J\.N Agreement made this 1Bcr.. day of LY.Qll(w.~ ,1999,
by and between Charles M. Carlaon, of 2 Shover Drive, Carlisle,
cumberland County, Pennsylvania, (hereinafter referred to as
Husband) and Lee Anne carlson, of 128 Porter Avenue, CarlJ.sle,
Cumberland County, Pennsylvania, (hereinafter referred to as Wife) .
WHEREAS, Husband and W'.fe were married on November 24, 1990, in
Lebanon, Lebanon County, Pennsylvania I and
WHEREAS, various differences have arisen between Husband and Wife,
whereby they have been living aeparate and apart since June 4,
1995; and
WHEREAS, the part ies have agreed to maintain separa.te and permanent
domiciles and to live apart from each other, and
WHEREAS, the parties desire to enter into an amicable settlement to
provide for all of the property rights of the partiell and to
dispose of the rights and obligat ions of each to the other in
respect to support, maintenance, alimony, counsel fees, equitable
distribution, and all other rights and obligations under the
Divorce Code of 1980, as amended, and it is the intention and
agreement of the parties that this Agreement be a full, complete
and final settlement of all of those rights and obligations under
said Divorce Code; and
NOW, THEREFORE, for and in exchange of mutual considerations, and
intending to be bound by the provisions hereof, the parties agr.ee
that their recitals form a part of this Agreement and waive any
right to counseling under the Divorce Code of 1980, as amended, and
right to counsel fees, costs, alimony, support, maintenance, and
any other rights under the said Divorce Code not provided for
herein and agree as follows:
1. SEPARATION, The part ies agree that it shall be lawful for
each party, at all times hereafter, to live separate and apart
from the other, at such place or places as he or she may, from
time to time, choose or deem fit. Each party shall be free
from interference, authority or contact by the other, as fully
as if he or she were single and unmarried, except as may be
necelilssry to carry out the provisions of thl s Agreement and as
may be necessary to exchange inforll1atlon that pertains to the
parties' minor child, Nicholas Paul Carlson, dob 11/24/92.
Neither party shall molest the other or attempt to endeav'or to
molest the othel-, nOl- compel the other to cohablt with the
other, or in ,lilY way harass or mal iyn the Qther, nor in any
way interfere WI th the peaceful exiatl!!nce, separate and apart,
from the other.
2. DRIVE THRU RENTAL. INC. Husband is a shareholder of Orive
Thru Rental, fIlC;. (hereinafter "the Corporation"). Wife hereby
releases any and all claims or demands she may have in
Husband' B interest in the Corporation. Husband has preViO\lsly
provided Wife with tax returns and financial statements for
the Corporation for the years 1994 through 1996, and Husband
warrants that the information set forth in said documentation
is true and correct and accurately sets forth the financial
condition of the Corporation for the years in question.
Husband has further provided Wife with the pertinent
provisions of the By-Laws of the Corporation dated October 18,
1990 pertaining to the restriction on transfer of shares,
more specifically Section 6,06 thereof. Husband warrants to
Wife that the aforesaid By-Laws are valid and existing as of
the date of the execution of this Agreement. Furthermore,
Husband warrants to Wife that as of the date of the execution
of this Agreement, there is no pending sale of Husband's
business interest in the Corporation. In addition, Husband
warrants to Wife that for any pending sale in existence as of
the date of this Agreement of any other shareholder's interest
in the corporation, that said sale would either be done in
strict conformity with Paragraph 6.06 of the By-Laws of the
corporation, as aforesaid, or upon such terms as negotiated
between the corporation and the Withdrawing shareholder,
3, ~UTOMOBILES. At the time of the parties' separation, Husband
was the owner of a 1980 BMW 320i and Wife was the owner of a
1992 Honda. Both of these vehicles have been Bold by the
respective parties and each party releases any and all claims
or demands that each may have on the respective automobile and
sale proceeds retained and received by the other.
4. PERSONAL PROPERTY. The parties have divided or have agreed to
a division of their personal property which includes jewelry,
currontly (ollowillq,
10. I\.L I MONY . ALIMONY PIlNDIllNTIl LITIlo...-.llllRf.ORT OP SPOUSZ. 'rhe
partiel3 waive any and all l"lght to recetVl! fl:om the other any
payment of al imony, allmony pendente Lite, and/or apousal
aupport.
11, IlFPECTIVIl DATil. 'rhe ef fect i ve date of thil3 Agreement shall be
the date of execution by the parties if they had each executed
the Agreement on the same date. Otherwise, thl! execution date
of this Agreement shall bo defined as the date of execution by
the party last executing thil3 Agreement,
12. DIVORCIl. Husband has filed a Complaint in Divorce in the
Court of Common Pleas of Cumberland County, Pennsylvania at
97-4808, claiming that the marriage is irretrievably broken
under the no-fault mutual consent provision of Section 3301(c)
of the pennsylvania Divorce Code. 'rhe parties agree that
both par.ties agree to execute any and all affidavits or other
documents necessary for the parties to obtain an absolute
divorce pursuant to Section 3301 (c) of the Divorce Code
including waiver of all rights to request Court ordered
counseling.
13. INCORPORATION INTO DECREE. should a decree, judgment or order
of separation or divorce be obtained by either of the parties
in this or any other state, country, or jurisdiction, each of
the parties hereby consents and agrees that this Agreement and
all of its covenants shall not be affected in any way by any
such separat ion or divorce I and that nothing in any such
decree, judgment, order or further modification and revision
thereof shall alter, amend or vary any term of this Agreement,
whether or not either or both of the parties shall remarry, it
being understood by and between the partes hereto that this
Agreement shall survive and shall not be merged into any
decree, judgment, or order of divorce or separation. It is
specifically agreed, however, that a copy of this Agreement or
the substance of the provisions thereof, may be incorporated
by reference into any divorce, judgment or its decree. This
incorporation, however, shall not be regarded as a merger, it
being the specific intent of the parties to permit this
Agreement to survive any judgment and to be forever binding
and conclusive upon the parties.
14. MUTUAL RELEASE. Husband and Wife do hereby mutually remise,
release, quit claim or forevlll' dUI<:II01I"" III" ,)Ih")' Ilnd the
estate of such other, for 1111 t Lillo t,o ':<111111, Illld for ,111
purposes whatsoever, from tiny tllld ,ILL l'I')III.IJ, title and
interest. or claima in or ag,~illrJe, tho "nl',ill., o( IIllt'h othol', of
whatever nature and Whel:flvel: II I L lIotll!, wll I' ~II hI> 'I/.' 111'1.., IIOW has
or at anytime hereafter 1J1,~Y IIiIVl! ,1':',1111111 1I1Idl oLh'H', the
estate of allch othel' or illlY pitH 111'111101, whl/lhn)' IlI:'luing out
of Ilny former (lct II, COllt l'il<.'t II, "'11",1'.10111"111.11 01 II lIb i 1 it ics of
such other or by WilY of dow,,!.' or CIII'II!IIY or clllilTla in the
nature of dower 01,' CIII:t'HlY, 01 widow'lI 01' wldownr'/oI t'ights,
family exemption 01' II 11IIi.l 01 1- illl"WOlllcn III '1I1l1ol' tho inteotate
lawsl or the dght to tilko "'Iii 111111, IlIn IIlllHIt/l1'1I will; or the
right to tt'oat iI 111"tllllll c'JllvnY.IIII!"! b'y t!w otllet' as
testamentary 01' all 01' ,)l.h,,1' d"hlll 01 Ihl! 1Il1l'vlvln\j IIpouse to
participate in a doc',1alled /IPOIIIIII'II O/II.illo, wlwthel' Llt'ising
under the lawl! of: P"IIII/1Y I. Villi IiI, .'IIIY /11111'" cnlllmonwealth or
territory of tho UII!.t",,1 SI,II.I'II, 'll 'IllY III h.'1' country or any
right which eHhel' party I1hlY n'M h"vI' '1I ,II. ,lnyl. 11110 hereafter
have fat' past, preunllt ,'I llllll!." /lIIPP'JlI' 01' ilia intenance,
alimony, alimony pnndolll.I' I I"', ':011111I'" I, 1!H!~1, coutl! or
expenaes, whether al'Iulll'l ,1/1,', )'11/11111. ,d, I.hn 1II,1I-lta1 t'elation
or otherwise, except alld ollly ,.x,:..pl 1111 rl'lhl::lI and agreements
and obligations of Whilt.LltlIlV.,11' Ilill 111'1' ,1I'lulnl] 01' which may
arise under this Agl'enlll(llIt Ul' l'<Jl' 11111 br<tilcll of any provision
thereof. It is the lnt'H1t !.Oll 01: IIl1l1billld and Wife to give to
each other by the exccllLi Oil 01 I, h lId ^'JI"'''''I\(II\t a full, complete
and general releasc with 1'ltnpl!<:'I, to ,lilY "HId all property of
any kind or nature, n!lIl, pOl,'lIon,' L or 111 I xc.d, which the other
now owns or may hel:'cill't"l' 01<''1'111'0, IIXCllpt ,HId only except all
rights and agt'eelllcntn '11101 "bll'lOlIIO/1l1 01. Wh,itooever nature
arising or which 1II,'y .11 Ill" 111101,,/' I hi/l ^'J/'eelllcnt or for the
b~'each of any fH'OVIlIlll1I 111"1"'01.
15. ADVICE OF COutiSJi:1LAmLCOUNDlli,UIlD. lIulIhalld Is t'epresented by
Christopher C. 1I0UIII"II, 1';u'1. ,llId Wlf:e ls represented by
Barbara Sumpl" :,III1IVolll, ,.:1.1'1' Each plLt'ty haa received the
advice of: "(1I1111l1'1 pI I'll In ,,'xIlcuting this Separation
Agreemmlt. ),;.",1'1 11olI'I 'I IIld I v I till. II l Y covenants and agrees that
he 01: lilt" W I I I I lid I v I dll,1I L Y ilsaume the full and sole
responaHlllll.y t", Jr"ytl .'xpennes and costs for his or her
attot'ney itlld fIltol 11 m"k" Ilo claim against the other for such
couts 0/' ""-'11.
16. ADDITIQNAIL.1NlITJruMlN'l'1I. Each of the parties shall, from time
to tim..., .1/, I Ill' 1'''1'11'111 of t.ho othet', execute, acknowledge and
deliver to the other party any and all further instruments or
documents that may be reaaonably required to give full force
and effect to the provisions of this Agreement.
17. MODIFICATION OR WAIVER. A mod if icnt ion or waiver of any of
the provisions of this Agreement shall be effective only if
made in writing and executed with the aame formality as this
Agreement. The failure of either party to insist upon the
strict performance of any of the provisions of thia Agreement
shall not be construed as a waiver of any subsequent default
of the same or similar nature.
18.
IlNTIRE AGREEMENT. This
understanding of the parties
warranties, covenants or
expressly set forth herein.
Agreement contains the entire
and there are no representations,
undertakings other than those
19. SEPARATE PARAGRAPHS. It is specifically understood and agreed
by and between the parties thereto that each paragraph hereof
shall be deemed to be a separate and independent agreement.
20, BREACH. If either party breaches any provision of this
Agreement, 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 Agreement shall be responsible for
payment of legal fees and costs incurred by the other in
enforcing the rights under this Agreement, or in seeking such
other remedies or relief as may be available to him or her.
21. ~ROLLING LAW. This Agreement shall be construed under the
laws of the Commonwealth of Pennsylvania.
22. INVALIDITY OF PROVISIONS. If any term, condition, clause or
provision of this Agreement shall be determined or declared to
be void or invalid in law or otherwise, then only that term,
condition, clause or provision shall be stricken from this
Agreement, and, in all other respects, this Agreement shall be
valid and continue in full force, effect and operation.
2~. BINDING NATURE. Except as otherwise set forth herein, this
Agreement shall be binding and shall inure to the benefit of
the parties hereto and their respective heirs, executors,
administrators, successors and assigns.
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CHARLBS M. CARLSON I IN THB COURT OF COMMON PLEAS OF
Plaintiff I CUMBBRLAND COUNTY, PENNSYLVANIA
I
v I CIVIL ACTION - LAW
I
LBB ANNB CARLSON, I 97-...!;J:lJljfl_ CIVIL TERM
Defendant I
I IN DIVORCE
NOTICE TO DEFEND AND CLAIM RIGHTS
You have been sued in Court. If you wish to defend against the
olaims set forth in the following page a , you must take prompt
aotion. You are warned that if you fail to do ao, the case may
proceed without you and a decree of divorce or annulment may be
entered against you by the Court. A judgment may also be entered
against you for any other claim or relief requested in these papers
by the Plaintiff. You may looe money or property or other rights
important to you, including c:uBtody or visitation of your children.
When the grounds for divorce is indignities or irretrievable
breakdown of the marriage, you may request marriage counseling. A
list of marriage counselors is available in the Prothonotary's
Office at the Cumberland County CourthouBe, Carliale, Pennsylvania.
IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY,
LAWYER'S FEES OR EXPENSES, BEFORE A DIVORCE OR ANNULMENT IS
GRANTED, YOU MAY LOSE TilE RIGHT TO CLAIM ANY OF TIlEM.
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO
NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE
OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL
HELP.
COURT ADMINISTRATOR
CUMBERLAND COUNTY COURTHOUSE
CARLISLE, PENNSYLVANIA 17013
TELEPHONE I 717 - 240-6200
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2 The panics hereby ugree lhul UII Ord~r uf Court shull he elllllred selllll~ tilrlh the
tollowillH lllnm:
A. L.rllul ClIllJIily..JklluJ:d The pUrlies ugree lhut llluJor dedsions concel'llinl:! I.he
child's heuhh. \\ellilre. educution, religious truining und upbringing shull be Illude by
the pttrents jointly. aileI' discussion ulld consullation Ililh eudl other, with u view
lowurds obtuining uud IllllO\1 iug a hUlluonillus plllky 10 arrive UI U dedsiouthut is ill
the dlild's hesl inleresl "adllHuly ag.lWS tll keep the olhcr inllllmcd llflhe pl'l1gress
of the dlild's education and slKial adjustml'llIs "adl party agrces 11111 to impuir the
other purties' right to sharc legal cuslody 1'1' the dli1d Further. cadi party agrccs tll
give sllpporl 10 onc anolher iu Ihc role as parenls aud 10 lakc inlo account the
consensus of the lIther parcut t,lr the physical and clllotiOllal \\cll heiufl oflhc child,
The pUrlies agrcc not III cilhcr allelllplllr alicuatc Ihc allcctiOlls Ilfthc child Illllhe
other parent "ach party shalllwtify the other of auy a(livily that could reasonubly
be expe(led 10 he ofsiguilkal1l <'Ill Icei'll to the Iltlwr The partics agree Ihat Ihe child
will be encouraged 10 <,ontall their mother and nllher hy telcphone at all reasonable
times
B. Joilltl'hyslrul.!;ww.lly Joil1l physkal <,ustody of Ihc Illiuur <,hild shall he shured by
Mother and FUlhcr Thc purties shall sharc rights (lfphyskal (ustody as l'll1ows:
(I) Weeks The parties shall allernate llIslody cvery three (J) days with each
purty having thrcl~ (.1) days on aud three (.1) days oil' with the child, This is ill
accordance with the panics' OUTent schedulc This ahernatiu!:! schedule shull
continue throughout the year except as pl'l1vided helow
(2) Uoliduys The parties shall ,:qually share the 1"IIowiug holidays: New Year's
Day aud Thanksgiving In odd uumhercd ycars. Mother 51mll have New
Year's Day In el'cn numhcred ycars. Mothcr shall have Thauksgivillg,
Father shall have the reverse This holiday schedule shall supersede the
n:gular joil1l custody schedule
(3) Qlristll1l15
a, Eveu years \n even years, Mother shall have custody each Christmas
Eve Irolll Noon to I :00 pm on Christmas Day, Father shall have the
child Irom I :00 pm on Chrislmas Day lIntil 800 a,m, on December
261h
b, Qilil$lWi' In odd years, Father shall have custody each Christmas
Eve from Noonllntil 100 pm on Christmas Day, Mother shall have
the child from 100 pm on Christmas Day until 8:00 a.m, on
December 26th
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(4) l)UlIIlIIl'I' ~rhll11Lm'J1ljllll l'a~h palclll shall hc clllillcd tOlwo wccks durillg
Ihe ~ullllllcr sdlnnl va~aliollupOIl thirty (.10) days advall~c WlillCllllOlicc 10
thc othcr parcllt Thc \\Ceb Il~cd Ilnl bc ~llIIse~ulivc, bUI ~all bc (l)llsc~utivc
10 u~~nlllmodllle spcl'ialluTallgemcllls of ca~h parclll
(!I) M,llll)l'):lfJllltn'~J)JI)' rvhHhcl shall always hllve thc rigbt of pallial custody
olll\lolhcr's i)1I~' IInd hllb~r shlllllllv\ays hllve lhc righlofpallial custody on
Falber's Day. \\hidl dlltc shllll superscdc lhc rcgular joinl ~uslody schcdulc
(6) LbJJlI',sJJJJibllllyDlI): Thc Pllllics shall sharc illlhc ~dcbratiollofthc child's
birthdllY Thc~' Illllh~ra[llcc Ihat th~y may ~lllllinue thcir pl'llclkc ofujoint
birtbdlll' pllllv Illllhl'ir child
(7) Ir.lll'uII!JrlJllhJlj Thl' Pllllics shllll share tralls)lorlalion ill cxcrcisillg thc rights
ofcuslndy set l<lIlh iUlilc Slipulatinll
C. fllilih'UklatJ!Jmllip~ l'ach oflhc pllllil'S and any third pllrty iUlhe prcsencc ofthc
child and tbe party shalllllKe all measurcs decmed advisablc 10 t<lstcr II feclillg of
utle~lion betIVeenlhc child IInd thc <Hhcr pally and ncither \\ill do anythillg which muy
cstl'llllge Ihe dlild lilll11 the olhl'r pall~' nr impairlhc dlild's high rcgard IIII' Ihe othcr
party, Ncilhcr plllly shllll dl) an~'lbing whidl may cstrange the cbild lI'om thc otbcr
plllty or injure thc ~hild's npillionlhc parenllll' \\hid\ mllY ham pCI' the li'ec and nalunll
devclopmcnloflhe child's Ime and rc:;pc~t I<lrthc lHher parcllt
D. COllsullnt/Jui The pallies shall Cllnsult with caeb other as ol1cn as may bc ncccssary
regarding mailers perlaining to the ~hild, \\hich shall include the t<llIowing:
(1) Access Reasonablc l"'ephonc <.::\lIing privilcges, access to rcport cards and
other rclevaut inl<lI'Illation concerning the progress of the child in school;
approval of eXlraordinary medical and/or dentallreatment provided that such
approval shallnnt be unreasnnably \Vilhheld. approval of summer camp and
schools provided thai such approval shall not he umeasonably withhcld,
(2) Mntters.JIf.imIl.JIllllll~l' On all mailers of impollance relating to thc child's-
hcalth, cducation and well:\re, thc pallics hale the duty to conler with each
olher, wilh a view to adopting a harmonious policy calculated to promoting
Ihe child's bcst inlercsts This duty shall includc Ihe requiremcnt that the
parties advise and diSCUSS with cach othcr all il11pollant events in thc child's
lives, including hI' way nf cxample, but nnl limitalinn to schoolmcctillgs.
travel plans. medical cllndilion, cducation pro!!ress and plans, summer camp
arrangements, extracurricular aClivitics, vacalilln plans, etc.
(3) LoclItion The residcnccs. addresscs and Ielcphllnc numbers whcre the child
may be reached shall at all times, induding vacalions. be knllwn to both
l.
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THII 'I " T~UI eO~~ICT eo~y
0' THI O~IO'N"~
BARBARA SUMPI.E.SUI.I.IVAN
."'8 IAIOUI IiTIUn
NEW CUMBERLAND, "ENN5YL.VANIA 17070.1931
,.HONE (717)7'''.104.48
,.."'X (71'1774,70118
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