Loading...
HomeMy WebLinkAbout97-05221 ,,, H " . I,;" ~" " . . , , ;.1 ~ ~ ~ " I I .. Sl 'I .. 0 ~ g ~ i I, , , i ~ I' f;; C') ?~' , c i i ! ~ r~: .. r,'.P 1"\ (.; , \. .,. .'. . -'.1 U, ij: , ~ Ul" r:i ". () ~ : ~ I' ,.." c: C'J l:" !I -"1 L, .., , j' ..... (.: IL I~ :;J 1 " Cj L' '.:.J ~ '1 '. '. , I 'oj " " "j I " .. ,I" . MARITAL SETTLEMENT AGREEMENT THIS AGREEMENT, madc this ~L day of .j~""~~1 1991., by and between Jeffrey S, Levin, hereinafter referred to as "HUSBAND", and Debora L. Lcvin, hereinafter referred to as "WIFE", WITNESSETH, That: WHEREAS, the parties hereto are husband and wife. having been lawfully joined In marriage on August 31, 1985, in Camp Hill, Cumberland County. Pennsylvania. WHEREAS, two (2) children were bom of this marriage; Brian S, Levin born April 4, 1987 and Laura M. Lcvin born January 16, 1990. WHEREAS, It is the intention of the parties to settle fully and finally their respective financiat and property rights and obligations as between each other arising out of the marriage relationship or otherwise, including without limitation (1) the settling of all matters between them relating to the ownership of real and personal property: (2) the settling of all matters between them relating to the past, present and future support and/or maintenance of HUSBAND and WIFE; (3) the settling of all matters between them relating to the past, present and future support or maintenance of their minor children, and (4) the settling of all matters between them relating to any and all rights, titles and interests, claims and possible claims in or against the estate of the other, NOW, THEREFORE, with thc forcgoing recitals being hcreinafter incorporated by reference and deemed an csscntial part hcreof in consideration of the foregoing recitals, the mutual promises, covenants and undertakings herein set forth, and for good and valuable consideration. receipt of which Is hereby acknowledged by each of the parties hereto. HUSBAND and WIFE, each intending to be legally bound hereby, covenant and agree as follows: I, ADVICE OF COUNSEL HUSBAND and WIFE declare that they have each had a full and fair opportunity to obtain independent legal advice of counsel of their selection, Wife has been independently represented by Barbara Sumple-Sullivan, Esquire. HUSBAND is cognizant of his right to legal representation and declares that he has chosen not to retain an attorney notwithstanding the fact that attorney for WIFE has told him that he has an absolute right to be represented by an attorney. HlISBAND has chosen instead to negotiate directly with counsel and/or with his WIFE. HUSBAND hereby acknowledges that he has done so willingly and that he fuIty understands the facts and has been fully informed and understands that had a Court decided this matter, he may have received more or less than is provided for in this Agreement. Husband knowingly waives his rights, if any, to utilize the lack of his legal representation as a basis to attack the validity of this Agreement. Both parties further acknowledge and agree that each has fully disclosed their respective financial situations to the other, including their assets, liabilities and income. Each of the parties acknowledges and agree that, after l1aving received such information and with such knowledge. this Agreement is fair. reasonable and equitable and that it is being entered into freely, voluntarily and in good faith and that the execution of this Agreement is not the result of any duress, undue Inrluence, coercion. collusion and/or Improper or illegal agreement. 2. PERSONAL RIGHTS HUSBAND and WIFE may and shall, at all times hereafter. live separate and apart, Each shall be free from all control, restraint, interference or authorlly, direct or indirect, by the other in all respects as is she or he were unmarried, except as may be necessary to carry out the provisions of this Agreement. Each may reside at such place or places as she or he may select. Each may. for his or her separate use or benefit, conduct, carry on and engage in any business, occupation, profession or employment which to him or her may seem advisable, This provision shall not be taken. however, to be an admission on the part of either HUSBAND and WIFE of the lawfulness of the causes which led to, or resulled in, the continuation of their living apart, HUSBAND and WIFE shall not molest, harass, or malign the other or the respective families of each other, nor compel the other to cohabit or dwell in any manner with him or her, nor in any way interfere with the peaceful existence, separate from each other. 3, DEBTS Each party represents that they have not contracted any debt or liability for the other for which the estate of the other party may be responsible or liable except as otherwise provided herein, and that except only for the rights arising out of this Agreement, neither party will hereafter incur any liability whatsoever for which the other party or the estate of the other party 3 will be liable, Each parly "Ilrlllls hI IlIIlllnmlfy 1111I1 hold hllrmll!ss from and against all future obligations of llvl!ry kind Incnrrlld hy Ihl!lll, Includlnlllhosl! for nl!cl!ssities, 4, WAIVER OF AI'I'RAIS.AL-Ar'lI!JID.ErIT.OJU: The partil!s ucknllwledgll und ullrel! Ihul Ihl!Y hllVll I!ueh hud an opportunity to value or have appraisl!d any Ullll ull murilal properly. and they do hereby waive a formal appraisal and Invl!nlol'Y IIf sumc, IlOd no MlItcnlelll Ill' reprcsenlalion hy either party as to value shall be deemed a misstutcml!J11 or mlsrepresenlalion III thc IlIher or he deemed fraudulent. 5, MARITAL ANI) NON.MARJJJ\L ASSETS HUSBAND and WIFE do hcrchy ucknowledlle thllllhey have heretofore divided the non- marital assl!ls alld mllritul IIssels including bul without limilation, business interests, jewelry, clothes, furniturc, SIIlCks, Imnds, pensillns IInd IIlhcr asscts whercver siluated whether real, personlll or mixcd, langiblc Ill' intunllihlll. ulld HUSBAND ugrces that all assets in the possession of WIFE shall he Ihc slllc und sepurntc prllpcrly of WIFE; and, WIFE agrees that all assets in the possession of IIlJS8ANl> shull bc Ihe solc and separale property of HUSBAND. Each of Ihe parties dlles hcrcby spccificully waivc, release, renounce and forever abandon whatever claims. if any, he or she muy hllve with respect to any of the above said items which are the sole and separate properly of Ihc IIlher. , . This documenl shull Cllnstilute a bill of sale for said sole property, 4 hereto agree that this Agreement may be incorporated into a separate Court Order but shall not merge in such order in the Court of Common Pleas of Cumberland County, Pennsylvania, 17, OTHER DOCUMENTATION HUSBAND and WIFE covenant and agree that upon request of the other party, they will forthwith execute and deliver to the other party, any and all wrillcn instruments, assignments, releases, satisfactions, deeds. notes or such other writings as may be necessary or desirable for the proper effectuation of this Agreement. 18, MUTUAl. WAIVER AND RELEASE OF RIGHTS AND CLAIMS IN ESTATE Each party hereby releases, waives and relinquishes any and all rights which he or she may now have, or may hereafter have, against the other party under the present or future laws of any jurisdiction (a) to share in the estate of the other party upon the other party's death and (b) to act as executor/rix or administrator/rix of the olher party's estate, 19, MUTUAL RELEASE HUSBAND and WIFE each do hereby mutually remise, release, quitclaim and forever discharge the other and the estate of such other, for all time to come, and for all purposes whatsoever, of and from any and all rights, title and interests, or claims in or against the property (including income and gain from property hereafter accruing) of the other or against Ihe estate of such other, of whatever nature and wheresoever situale, which she or he now has or al any time hereafter may have against such other, the estate of such other or any part 9 thereof, whether arising out of any formcr acts, contracts, cngagcmcnts or Iiabilitics of such other or by way of equltablc distribution, dowcr or courtcsy, or claims in thc naturc of dowcr or courtesy of widow's or widowcr's rights, family exemption or similar allowancc, or under the intestate laws, or thc right to takc against thc spouse's will, or thc right to trcat a lifetime conveyance by the other as testamentary, or all other rights of a surviving spouse to participate in a deceased spouse's estate, whether arising under the laws of (a) Pennsylvania, (b) any State, commonwealth or territory of the United States, or (c) any other country, or and rights which HUSBAND or WIFE may have or at any time hereafter have for the past, present or. future support or maintenance, alimony, alimony pendente lite, counsel fees, costs or expenses, whether arising as a result of the marital relation or otherwise, except, and only except, all rights and Agreements and obligations of whatsoever nature arising or which may arise under this Agreement or for the breach of any thereof. Each of the parties hereto further covenants and agrees for himself and herself and his or her heirs, executors, administrators and assigns, that he or she will never, at any time hereafter, sue the other party or his or her heirs, e:<ecutors, administrators and assigns, for the purpose of enforcing any of the rights relinquished under this paragraph. Each of the parties further covenants and agrees that he or she will permit any will of the other to be probated and allow administration upon his or her personal, real or mixed estate and allow effects to be taken out by the person or persons who would have been entitled to do so had HUSBAND or WIFE died during the lifetime of the other, Each of the parties hereby releases, relinquishes and 10 22. ENTIRE AGREEMENT HUSBAND and WIFE do hereby covenant and warrant that this Agreement.contains all of the representations, promises and Agreements made by either of them to the other for the purposes set forth in the preamble hereinabove: that there are no claims, promises or representations not herein contained, either oral or wriuen, which shall or may be charged or enforced or enforceable unless reduced to writing and signed by both of the parties hereto. 23, BINDING EFFECT OF AGREEMENT/WAIVER This Agreement shall remain in full force and effect unless and untiltenninated under and pursuant to the terms of this Agreement. The failure of either party to insist upon strict performance of the provisions of this Agreement shall not be construed as a waiver of any subsequent default of the same or similar nature, nor shall such failure be construed as a waiver of any other tenn, condition. clause or provision 01 this Agreement, 24, BREACH If either party breaches any provision of thi" 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 contract shall be responsibte for payment of reasonable legal fees and costs incurred by the other in enforcing their rights under this Agreement. 12 " " I' " .... 01 .".. fr; e: E,- ~ ~.~ .. e. UI~~ C'1 ) ~, ;) ~p.;, , .;.. ) H"~( h: I, r..'J ~' ( ! CO', ."i,.'i ,-"it>' N 1",- I I' ~; , ~l; .,', "Ii,1l r -; l,.tU.. ..<:: II. m :; c;:.;; 0" t.;' I. 'II '. " , ", II ,I . , , I' "I, , , . I I" 'I, I I,' -' ,Ii I;, !II , il. .. : 6 ~ ~ 3 i !m ! i ~I ~ :'1 I':' " DEBORA L. LEVIN, Plaintiff v. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO: 97-5221 JEFFREY S. LEVIN, Defendnnt CIVIL ACTION - LAW IN DIVORCE AEFIDA VIT OF CONSENT I. A Complaint in Divorce undllr ~JJOI (c) of the Divorce Code was filed on September 24, 1997. 2. The marriage of Plainliff and Defendant is irretrievably broken and ninety (90) days have elapsed from the date of filing and Service of Ihe Complaint. 3. I consent 10 the entry of a final decree of divorce after service of Notice of Intention to Request Entry of the Decree. 4. I understand Ihat 1 may lose rights concerning alimony. division of property, lawyer's fees or expenses if I do nol claim Ihem before a divorce is granted. 5. I verify Ihat the statemenls mllde in this affidavit are true and correct. I understand that false stalements arc made subject to the penalties of 18 Pa. C.S.A. Section 4904 relating to unsworn falsification to authorities. DATE: ,;,) Iw . , J dfr COMMONWEALTH OF PENNSYLVANIA ) ) SS. COUNTY OF CUMBERLAND ) Before me, the undersigned officer, a Notary Public in and for said Commonwealth and County, personally appeared Jeffrey S. l.evin, who being duly affirmed nccording to law, deposes and says that Ihe facls and mailer set forth in the wilhin and foregoing WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A f)JVORCE DECREE UNDER 11330I(e) OF THE DIVORCE CODE and AFFIDAVIT OF CONSENT arc true and correct 10 the best of his knowledge. information and belief. Affirmcd and subscribed 10 before me this. /3#1, day ofl.lv>tkULI , 199..f: , %fiu .x: ~Jdd~ 1'-~"'--"-';-;-71--~ ~PlJBLlcr' -- " .' '" ",'II",ItC My commission expires: -d//I / { If;?/' (SEAL) ..~'. '.;~:'... , , , 'I .), , , " , ~. ..::1' ~h cr c: I;; ......: i-r. 1 :~, (y~ " , ' , II.!. rEi ...... ",1 ".. .J., t.',. .} ,1..i Jr i 1,;1)1' , ~')'~ (Y' " ~ ,+ ''-I, ~'~J; I..... ...J" ,:; Ij~J LL.:', .; . :;i.ln.. ,. -) I" (""":) :,'j '" ~n 'U ; , " , , 'I' .I , .,. '.II ~;;, tr'; \'':; '... 1} ,'_ \. .. ,,1,1(: C'1 ~,l,,-,e () ~ ;(:: ,/ ~ r' .J....; ,t- l;J <>~ ':TV I '~'-' ',:~:;,l ')I! 11:" , t,l.,.1 "!.dl _. ,di"J LJ... ",'.'. V:tr,)..1 r --, tll~ CCl '!:j U C' U i' i, . J , , ,1 " J, , . " , , " , , ," " , . II , , " J' , , " " , " " , , " " ", , ~ t~l ",- ..:. ~ L.... I,;.;; " '- .~ l;~ " ) .' HIL,' (t': , " .. ()", I,. , f';:, (\.. ,J":'j (''j I , ,~..~ , ' ,o'j\ I'." i!~ , G:" ,"-.J " , Ii :;,. Cl(oI . " '!i\j , " J.", . !.:!"l.. ".', .. ) 'i I.' 0'. () c:' () ,\ .' , , }j " ';1 , , " " "