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HomeMy WebLinkAbout97-05057 / Iii, I "i , 'ii, 1/ I I I, I I I' ''I' I I' " , " " ,,," -C ...-, ~ ~ .. 'It V , " " , I , 'I iI-, " I, ii 'I, ~ ill I .' " , " I' I' ~ ~ . ... ... ~ 3 """ ., ~ , , t,j I I " " ", ,/ " I I I " , , ,I " I I "I 'i' ",' 1'1 I I I I' " I ",,' "', i ,',I .p' Iii il i! " r: " ',' i' , 'I " ',. " " i" ,,', '" 'I'i' ',i , " I ",,1 IIi ( ~, I " " " I If, I " I, , ,-I , , , 'j.,' , I , , , I , 'I , , I " -.j, I' I 1 I' ~ ~' ~ a.. p , "'J' I Ii;' " ,- ~ . ' 'I " ,'1 , " "I ':, ,I I" I,', .. 4 " MATRIMONIAL SETTLEMENT AGREEMENT THIS AGREEMENT, made this 20th day of February, 1~98, by and between Karen E. Cartwright of 1122 Fernwood Avenue, Camp Hill, cumberland County, Pennsylvania ("Wife"), and Joseph L. Cartwright of 108 North Arch Street, Mechanicsburg, Cumberland County, Pennsyl vania (" Husband") . Recitals: A. The parties hereto, being Husband and Wife, were lawfully married on September 17, 1988. B. Differences have arisen between Husband and Wife in consequence of which they have begun to live separate and apart from each other. C. Husband and Wife acknowledge that they both have consulted their attorneys and have been advised by their attorneys of all of their rights and duties or have had the opportunity to consult independent legal counsel and have willfully, knowingly and voluntarily waived the right to consult an attorney. NOW, THEREFORE, in consideration of the mutual promises, covenants and undertaking herein contained, the parties, each INTENDING TO BE LEGALLY BOUND, agree as follows: 1. Recitals. The Recitals set forth above are incorporated herein by reference. ~ ~ " 2, Divorce. It is specifically understood and agreed by and between the parties, and each party does hereby warrant and represent to the other that, as defined in the Divorce Code, their marriage is irretrievably broken. Wife has filed an action in the Cou_t of Common Pleas, Cumberland County, Pennsylvania. The parties agree to take all legal steps (including the timely and prompt submission of all documents and the taking of all actions) necessary to assure that a divorce pursuant to 23 Pa. C.S.A. ~ 3301 as amended of the Divorce Code is entered as soon as possible. This Agreement and any ancillary or supplemental agreements shall be incorporated by reference and merged into the proposed Divorce Decree presented to the Court. Husband and Wife shall at all times hereafter have the right to live separate and apart from each other and to reside from time to time at such place or places as they shall respectively deem fit, free from any control, restraint or interference whatsoever by each other. Neither party shall molest the other in any way whatsoever nor' endeavor to compel the other to cohabit or dwell with him or her by any legal or other proceedings. The foregoing provision shall not be taken to be an admission on the part of either Husband or Wife of the lawfulness or unlawfulness of the causes leading to their living apart. , , 3, Marital Procertv, (a) ~sona1 Procertv. Husband and Wife acknowledge that they'have divided the personal property acquired during their marriage. Husband hereby relinquishes all right, title and interest in personal property in Wife's possession and Wife hereby relinquishes all right, title and interest in property in the Husband's possession. (b) Retirement, Pension. 401..K Plan. Husband her"by relinquishes all right, title and interest in Wife's retirement, pension and/or 401..K Plan, if any, and Wife hereby relinquishes all right, title and interest in Husband's retirement, pension and/or 401..K Plan, if any. (c) Real Estate. Husband hereby waives and relinquishes any right, title, or interest in the home located at 1122 Fernwood Avenue, Camp Hill, Cumberland County, Pennsylvania. Title shall rest solely in Wife's name. The parties agree to execute any deeds or instruments of conveyance necessary to accomplish the within. 4. Debts and Obliqations. (a) Individual debts/obliqations. Each of the parties shall assume all debts and obligations presently in their individual names and shall indemnify, defend and hold the other harmless from said debts and obligations, whether incurred prior to, dUJ:"ing, or subsequent to t.he marriage. This shall include all personal, individual credit cards and personal individual loans by - either party except: as otherwise set forth herein, Each party hereby agrees to pay and hereby agrees to hold the other harmless from any. and all personal debts and obligations incurred by him or her on or after the date of this Agreement. If any claim, action or proceeding is hereafter brought seeking to hold the other party liable on account of any such debts and obligations, such party will at his or her sole expense defend the other party against any such claim, action or proceeding, whether or,not well-founded, and indemnify the other party against any loss resulting therefrom. (b) Joint debts/obliqations. Husband and Wife represent that there are no joint debts or other debts incurred by either of them currently outstanding with respect to which the other party may incur any liability now or in the future. E'lch party otherwise hereby expressly agrees to indemnify, defend and hold harmless the other from any and all liability, direct or indirect, including attorneys' fees and costs, which may arise in connection with an obligation, joint or otherwise, for which the party has agreed hereunder to bear sole or partial responsibility, or which the party has faJled to disclose and provide for herein. S. Leqal Fees. Each party agrees that they sh.all be responsible for their own legal and other fees incurred by them in connection with this domestic relations matter unless otherwise specified herein or otherwise agreed to by them. 6. Other Writ inos . Each, of the part ies hereto agrees to promptly execute allY and all documents. deeds, waivers, bills of sale. tax returns or other writings reasonably necessary to carry out the intent of this Agreemen~. 7. Further Debt. (a) Wife shall not contract or incur any debt or liability for which Husband or his property or estate might be responsible and shall indemnify and save harmless Husband from any and all claims or demands, including attorneys' fees and costs, made against him by reason of debts or obligations incurred by her. (b) Husband shall not contract or incur any debt or liability for which Wife or her property or estate might be responsible and shall indemnify and save harmless Wife from any and all claims or demands, including attorneys' fees and costs, made against her by reason of debts or obligations incurred by him. 8. ~tual Release. Except as otherwise provided herein and so long as this Agreemel"'t is not cancelled by subsequent agreement, the parties hereby release and discharge, absolutely and forever, each other from any and all rights, claims and demands, past, present and future, specifically from the following: alimony pendente lite; al imony; spousal support; division of property; claims or rights of dower and right to live in the House; right to act as executor or administrator in the othex" s estate; rights as devisee or legatee in the Last Will and Testament of the other; any claim or right as beneficiary in any life insurance policy of the I other unless specifically named otherwise or as required herein; and any claim or right in the distributive share or intestate share of the other party's estate, all unless specified to the contrary herein or in a subsequent writing signed by the parties hereto. 9. Tax Return. The parties have elet:ted to f Ue separate individual income tax returns beginning with tax year 1997. Each party shall be solely liable for any tax liability from that period forward and shall indemnify, defend and hold the other harmless from and against any such liability. 10. Medical/Health Insurance. Upon execution hereof, each party shall be responsible for their own medical/health insurance and the maintenance thereof, if any. 11. Entire Aqreement. This Agreement constitutes the entire understancing between the parties, and there ar.e no covenants, conditions, representations or agreements, oral or. written, of any nature whatsoever, other than those herein contained. 12. Leqo'\llv Bindinq. It iB the intent of the parties hereto to be legally bound hereby, and this Agreement shall bind the parties hereto and their respective heirs, executors, administrators and assigns. 13. Full Di sclosure. Each party asserts that she or he has fully and completely disclosed all the real and personal property of whatsoever nature and wheresoever located belonging in any way to each of them, of all debts and encumbrances incurred in any manner whatsoever by each of them, of all sources and amounts of income received or receivable by each partYI and of every other fact relating in any way to the subject matter of this Agreement. These disclosures are part of the consideration made by each party for entering into this Agreement. Each party further represents and warrants that there are no undisclosed debts or obligations for which the other party may be liable, and each party shall indemnify and hold harmless the other party from any Euch liabilities, including attorneys' fees and costs. 14. Costs to Enforce. In the event that either party defaults in the performance of any duties or obligations required by the terms of this Agreement, and legal proceedings are commenced to enforce such duty or obligations, the party found to be in default shall be liable for all expenses, including reasonable attorneys' fees, incurred as a result of such proceedings. 15. Aareement Voluntary and Clearly Understood. Each party to this Agreement acknowledges and declares that he or she respectively: (a) Is fully and completely informed as to the facts re:'.ating to the subject matter of this Agreement and as to the rights and liabilities of both parties; (b) Enters into this Agreement voluntarily after receiving the advice of independent counselor, having been advised to consult independent counsel, has knowingly and voluntarily chosen to forego such consultation; (c) Has given careful and mature thought to the ~ of this Agreement; (d) Has carefully read each provision of this Agreement; and; (e) Fully and completely understands each provision of this Agreement, both as to the subject matter and legal affect. 16, Amendment or ModificaUQn. This Agreement may be amended or modified only by a written instrument signed by both parties. 17. Acclicable Law. This Agreement shall be governed, construed and enforced under the statute and case law of the Commonwealth of Pennsylvania. 18. Scousal Succo~. In consideration of the terms hereof, Husband and Wife mutually agree to waive any claim either may have for alimony or spousal support. 19. Countercarts. This Agreement may be executed in separate counterparts, each counterpart deemed an original and when combined represents the legal binding intent of the parties hereto. 20. Severabilitv. If any part of this Agreement is determined to be invalid by a court of comp'i!tent jurisdiction, such determination shall not invalidate the entire document but shall COMMONWEALTH OF PENNSYLVANIA C\ ' COUNTY OFLU'1",b~y \(\!1CL SS. I On this, the .20 day of - - , 1998, a Notary public, the undersigned of cer, persona Y appeared Joseph L. cartwright, known to me (or satisfactorilY proven) to be the person whose name is subscribed to the within instrument and acknowledged that she executed the same for the purposes herein contained, IN WITNESS WHEREOF, I hereunto set my hand and official seal, ~XL"\.m, ~~tr2-U'I..) Notary Public ' My commission Expires: (SEAL) , " >,' ' , Ii" ';", ,n '., '. ,_,?')J, ., ',' '", ';1 . , . ., , . 1" '" .' , . ", " I,! " , ,.'-} ,,'} ;..) . .. .) o'jl ''I' ~ :' :' :.", ) :','}' f 1"1 ':' 'J ,<, ,\IT ':I,J "J "'1 I).. "'l!~ , I .. .,~ " I :J1 :lj '.... (/I .., ,,' " I ,'I I I I " ,I r) ~t'). to} I ,'" CI) '1,1 , ,";~j , l," -, .....:1..' i,:,:) ~i,~ ;r,' ~ ,J J,'j I O'l:-. .L~' Ii " , , l,pl,:? ~:,.. ,! -,~ ! ~' f l"l:: "" ,- <], ';'q ~'. j'il"d' ,"".". .. ,::, ::) U1 t. ::q , ,I J" (/1 -.... 'I , ' " ',I , , , , 7, T~e Defendant is not a member of the,Armed Services ot' the United States of America. 8. The marriage is irretrievably broken. 9. plaintiff has been advised that counseling is available and that Plaintiff may have the right to request that the court require the parties to participate in counseling. 10. Plaintiff avers that there are n.o children born of this marriage. WHEREFORE, the Plaintiff requests this Honorable Court to enter a Decree of Divorce. COUNT II - Eauitable Division. Distribution and Assianment of Marital Prooertv 11. The averments of paragraphs 1 through 10 above are incoI'porated herein by reference as if set forth in full. 12. The parties are the owners of variol.ls items of personal property and real property which qualify as marital property as defined in Section 3501 of the 1990 Divorce Code, as amended. 13. Said marital property is subject to equit.able division, distribution and assignment by the Court. , ' .,." , , " , , ," 7V tt. t.-r l' ~ OJ ()'4i:l. ~ r:- ::0 """ [B ';;1 ,_ ........ ,,:~J It: .-' ~ c--. - \, (l' /(l , 8'\ ~ pl~: Ii',: () ~~ J<:' ?: _ ' 0 )'::> r- ~ ~~ ~ t. - -< r- 9- , " '0 0 ...a '.,., ~ 7 j'1r' -, ~'~ ~ " . ~ "-, ;..... "-I ) ... i\i~ ~,''''' ,~ 'f} c; ~ & ') ~ c)'\ ~ KAREN E. CARTWRIGHT, ~ IN THE COURT OF COMMON PLEAS OF ~ CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff, ~ ' ~ V. I NO, 97-5057 I JOSEPH L. CARTWRIGHT, CIVIL ACTION .. LAW Defendant, IN DIVORCE PLAINTIFF'S AFFIDAVIT OF CONSENT AND WAIVER OF COUNSELING 1. A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed on September 18, 1997. 2, The marriage of the plaintiff and Defendant is irretrievably broken, and ninety (90) days have elapsed from the date of both the filing and service of the Complaint. 3. I consent to the entry of a final decree of divorce after service of Notice of Intention to request entry of the Decree. 4. I have been advised of the availability of marriage counseling, and understand that I may request that the Court require that my spouse and I participate in counseling. I further understand that the Court maintains a list of marr,iage counselors in the Prothonotary's Office, which list is available to me upon request. Being so advised, I do not request that the Court require that my spouse and I participate in counseling prior to a divorce decree being handed down by the Court, '__._.......~7~.~~_.~' -' , . I verify that the state~ents made in this Affidavit are true and correct, I understand that false statements herein are made subject to the penalties of 18 Pa. C,S.A, Section 4904, relating to unsworn falsification to authorities, DATE: :}L/ U. q~ ij}))( lNl ,'{, Gl'?eu.1dl.t& Karen 8, Cartwr g , " , , I, '/ ! I, , I .'1 , I' I, I' 0 \..0 <;,1 I ,~' p;) ~~, , ..". ! ~ "; --" '1;':11 1_1 'r).., ;J~ ()j(_l,; ~.'J " ::~/, I I , I 1 ," ;"'? I I ~;.-! \ ~-:) r~.: L. I~;'" 'I c.t" " , ,".l,:," , .' - "I..) ( - i'l,'rn ..~~ t:, -,. , '~"1 r' . . ~"I ~'1 ~q ...~. III ." I',' I i ,I " ", " KAREN E, CART~RIGHT, Plaintiff, I IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 97-5057 JOSEPH L. CARTWRIGHT, CIVIL ACTION - LAW Defendant, IN DIVORCE ~IVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER SECTION ~301(c) OF THE DIVORCE CODE 1. I consent to the entry of a final Decree of Divorce without notice. 2. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if I do not claim them before a divorce is granted, 3. I understand that I will not be divorced until a Divorce Decree is entered by the Court and that a copy of the Decree will be sent to me immediately after it is filed with the Prothonotary. I verify that the statements made in this Affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S.A. Section 4904, rp.lating to unsworn falsification to a1,lthorities. E. '. Date: ,J,l+ ], ~-, (l'i? " " , , " n ,() a , C"'I <J.) 'il " ~ " :cr- , ',HI , ~", . "'I ~T1 rll,1 J ::.~. ,J I 'f\l"'j .,;"i " <:/! I' .!~" ,1/) 1"':,: :rJ' " 'I~ .;". ',:".. ' ",'~ " '......' ~:- (' 1: - '.;,11 .- .;:~ i.....' .. , , /1 '.J'I '2.l ." , -, (Jl " . " " .. ,', , " " , " I, " , , /' .'.1 , , " , , " , , , " " , , ,-) , \.r1 ,"I ,;:: ,G} r , , ~II<~ " , , , ,11:-r,1 , , ,) , I' , >".. :J !" " ~r:1J "- , r , , ] ;':'-' ,01"J 'rrj , , .. ;') , '_0' , .-.' !(~) ..... , , , , " ... , , , , " , , , , " " , " (') ',n n '; .:~ t:'.J "i'l ,-"!-.. 1 "I ~. .. ..,:" , ,ft',1 " .~1 r' , " ~,J , , '.'u"" , ,"iI) ,-".' I' (I' , " .l (') " 'r ~" ,\ .~ t . ~\ 'I ),.. "t.J , I ..., ':'jIi1 .... v- ...! .,,] :.r1 ':.:] -< <I' .', " ," .~ . IN THB COURT OF COHHON PLEAS OF CUHBBRLAND COUNTY, PBNNSYLVANIA lfAlUfN B, CAR'lWRIGHT, I I Plaintiff, I NO. 97-5057 CIVIL TBRH 1997 I v, I CIVIL ACTION - LA" , , JOSBPH L, CARTWRIGHT, , IN DIVORCE , I Defendant. , , PRAECIPE FOR ENTRY Of....MPBARANC-':t TO: PROTHONOTARY Please enter my appearance as counsel for the Defendant in the above-captioned case. BY: "-4 UJ. ~ Thomas 11'-. CBrtwright, Es ui e 400 U.S. National Bank P,O, Box 280 Johnstown, PA 15907 (814) 536-0735 PA I.D. *56660 II\CAATWaIG.DIV\1WC.IOA >/ /, 8 ~ ~ ""e1!":'... '- ~ I: C" ~~ "io!r';, I,~i~ ~ Ti C,'l" I (/~! ,,'<" c.n r:~ C'j ~.:C:'} 5C ,~ -f) ~1:.l -:'1';')') - ". I'n ...~j (.:~ -. .. ~ ? r:- ::::! en "