Loading...
HomeMy WebLinkAbout97-05335 ..( ..... , - ~ ..c -\- '. l V) - , .. .:) <:j \., ~ ." ~ r 1"- ~ .~. J 1 ' " " , , , , I ii , , "J i ~ 'I I ' I it , " , I ,I; , I '" , , I_I' , , " ., " :' , I , .>1,', ,'i , , 11 , ' , " I' Ii' , , , ,;, .,1} \ ,i , " 1" , , " .1' , , ' t.. " '-I' 'I, ,I., " .' , " ,I , , , I , , , ti Ii , I', , I' I, , I I I', I , I , , , I .1 ; , , , ,',1 .; ., , " I'i, il " :' , , :1 " \ 'I , , I" " ,'I,i , ,,' I,' ., .' " , ,d 'j " ',I " ,I , ", " " ," ", ,,' , .'1, ,1'1' 'iI 'I' " ,,1' 1'1 " I' " " >'!!'I\ " il ", i'l ,I ,,', ., .\ , ' " II 1'1 , I ;t ; ,i I, , " H i1 I' , , .' ' c' '" " ,.]' " " ..' I . . " -- \ ., . . "Oti . , ._...~.,.~ \ ~ , , I .' , " !,." I \ ." NOW THEREFORE, in consideration of the premises and of the mutual promises, covenants and undertakings hcreinafler set f0l1h and for other good and valuable consideration, receipt of which is hereby acknowlcdged by each of the parties hereto, Wife and Husband, each intending to be legally bound hereby, covenant and agree as follows: 1. ADVICE OF COUNSEL The provisions of this Agrcement and thcir legal effect have been fully cxplained to the parties by their respective counsel, Taylor P. Andrews, Esquire, for Wife, and Michael A. Scherer, Esquire, for Husband. Each party acknowlc:dges that she or he has received independcnt legal advice from counsel of her or his selection and that each fully understands the facts and has been fully informed as to her or his legal rights and obligations and each party acknowledges and accepts that this Agreement is, in the circumstances, fair and equitable and that it is being entered into freely and voluntarily, afler having received such advice and with such knowledge and that execution of this Agreement is not the result of any duress or undue influence and that it is not the result of any collusion or improper or illegal agreement or agreements. 2. PERSONAL RIGHTS Wife and Husband may and shall, at all times hereafter, live separate and apart. Each shall be free from all control, restraint, interference or authority, direct or indirect, by the other in all respects as fully as if she or he were unmarried. Each may reside at such place or places as she or he may select. Each may, for her or his separate use or benefit, conduct, 2 cltrry on and engage in uny husiness, occupulion, profession or employment which to her or him Illay seem advisahle. This provision shull not he taken, however, to he an udmission on the part of either Wife or Hushand of rhe luwfulness of the cuuses which led to, or resulted in, Ihe continuation of Ihcir living apurt. Wife und Hushand shull not molest, harass, dislUrh or malign each other or the respective lillnilics of euch other, nor compel or allemplto compel the other to cohahit or dwell hy uny means or in any manner whUlsoever with her or him. 3. PERSONAL PROPERTY Wife and Husbund do herehy ucknowledge they have heretofore divided the marital tangible property, including, hut wilhoutlimltulion, jewelry, clothes, furniture and other personalty, and hereafter, Wife agrees thut ullof the rungible property in the possession of Husband shall he the sole and sepurute property of Hushand; und, Husbund agrees that all tangible property in the possession of Wife shall he the sole and separate property of Wife. Each of the parties docs hereby specil1cally waive, release, renounce and forever abandon whatever claims, if any, she or he may have with respect to any of the above items which are the sole and separate property of Ihe other. Except as hereinafter specifically provided, Wife and Husband shall each retain as his or her individual property the intangible personal property that is titled or registered in his or her respective names. Wife waives all claims 10 Hushand's interest in his Pension with the Carlisle Police Department; and Husband waives all claims to Wife's interest in her Public School Employees' Retirement Syslem benel1ts. The 457 Deferred Compensation Plan that is registered to Husband and funded with pretax contrihutions shall be divided so that an amount 3 equaling one half the value of the plan, less a balancing adjustment referenced in Sec. 6 hereafter, shall be transferrcd to wife. This shall bc by a Qualified Domestic Relatiol15 Order or its equivalent which shall be prepared and processed by Husbands legal counsel within 90 days of the signing of this agreement by both parties. The valuc to be divided shall be determined as closely as possiblc to the datc of division. Husband warrants that there have been no withdrawals from this plan since October I, 1997, and Husband agrccs that there shall be no withdrawals from this plan until thc division referenced herein. 4. REAL PROPERTY Husband hereby agrees to convey, transfer and grant to Wife his right, title and interest in the real estate situated and localed at 1424 Bradley Dr (0-113), Carlisle, Pa.. From the date of this Agreement Wife agrees to assume as her sole obligation any and all mortgage payments, taxes, claims, damages or other expel15es incurred in connection with said premises, and Wife agrees and covenants to hold Husband hannless from any such liability or obligation. 5. SUPPORT Husband and Wife do hereby waive, release and give up any rights they may respectively have agail15t the other for alimony, alimony pendente lite or spousal support. It shall be, from the date of this Agreement, the sole respol15ibility of each of the respective parties to sustain themselves without seeking any support from the other party. 4 6. LIABILITIES During the coursc of the marriage, Wifc and Husband incurred certain bills and obligations and amassed a variely of debts. By liquidating marital property and applying receipts toward these debts the parties have rcduced thcir existing marilal indebtedness to two separate accounls with MI3NA. Each account is a joint account with one of the parties designated as the primary obligor, and the approximate balances for the accoullls as of the signing of this agreement is as foliows: Husband's accounl: $13,500; Wife's account: $6,500. Each agrees to assume primary responsibility to pay Ihe accoUIll referenced above designated for him or her. Each hereby agrees to indemnify and to protect the other from any loss resulting from the nonpayment of the debt hereby accepted. It is the intention of the parties that division of Husbands 457 deferred compensation shall be adjusted to reflect the disparity in the MBNA debt accepted by each party so that the total of each party's share of the 457 Plan reduced by the accepted amount of the MBNA debt shall be equal. This adjustment shall be the adjustment referenced in Sec. 3 hereof. Wife and Husband each covenant, warrant and represent and agree that each will now and at all times hereafter save harmless and keep the other indemnified from all debts, charges and liabilities incurred by the other after the effective date of this Agreement, except as may be otherwise provided by the terms of this Agreement. 7. LEGAL FEES Each party agrees to be responsible for her or his own legal fees and expenses. .5 8. NO BAR TO FURTHER PROCEEDINGS This Agreement shall not be considered to affcct or bar the right of Wife or Husband to a limited or absolute divorce on lawful grounds if such grounds now exist or shall hereafter exist or to such defense as may be available. It is agreed that this Agreement shall not be impaired by any divorce decree which may be granted but shall continue in full force and effect notwithstanding the granting of any such decree. This Agreement is not intended to condone and shall not bc deemed 10 be a condonation on the part of either party hereto of any act or acts on the part of the other party which have occasioned the disputes or unhappy differenccs which have occurred prior to or which may occur subsequent to the date hereof. 9. DIVORCE Each party agrees to sign an affidavit of consent and waiver of notice of intent to seek a decree so that a Divorce may be completed without delay after the execution of this agreement. Wife's counsel shall prepare the affidavits and waivers S.'l that they may be signed at the same time that this agreement is signed. This agreement mat be incorporated into the divorce decree, but shall not be merged with the decree. Both parties agree that there shall be no restrictions upon either party in the enforcement of this agreement with an action at law or in equity. If either party must seek the assistance of the Court in the enforcement of this agreement, reasonable counsel fees may also be collected if there is a finding that the agreement has been breached by the adverse party. 6 10. MUTUAL RELEASE Wife and Husband each do hereby mutually remise, release, quitclaim and forever discharge the other and the estate of such other, fol' all time to come, and for all purposes whatsoever, of and from any and all rights, titles and intercsts, or claims in or against the property (including income and gain from property hereafter accruing) of the other or against thc estate of such other, of whatcver nature and wheresoever situate, which she or he now has or at any time hereafter may have against the other, Ihe estate of such other or any part thereof, whether arising out of any former acts, contracts, engagements or liabilities of such other or by way of dower or curtscy, or claims in the nature of dower or curtsey or widow's or widower's rights, family exemption or similar allowance, or under the intestate laws, or the right to take against the spouse's will; or the right to treat 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 any rights which Wife may have or at any time hereafter have for 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. It is the intention of Wife and Husband to give to each other by the execution of this Agreement a full, complete and general release with respect to any and all property of any kind or nature, real, personal or mixed, which the other now owns or may hereafter acquire, except and only except all rights and agreements and obligations of 7 ".,' whatsoever nature arising or which may arise under this Agreement or for the breach of any thereof, subject, however, to the implementation and satisfaction of the conditions precedent as set forth herein above. 11. OTHER DOCUMENTATION Wife and Husband covenant and agree lhallhey will forthwith (and within at least fifteen days aftcr demand therefor) execule any and all wriUen instruments, assignments, releases, satisfactions, deeds, nOles or such other writings as may be necessary or desirable for the proper effectuation of this Agreement, and as their respective counsel shall mutually agree should be so executed in order to carry out fully and effectually the terms of this Agreement. 12. SUCCESSORS' RIGHTS AND LIABILITIES This Agreement shall, except as otherwise provided herein, be binding upon ~ inure to th!: benefit of the parties hereto, their respective heirs, executors, administrators, successors or assigns. 13. ENTIRE AGREEMENT Wife and Husband 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 written, which shall or may be charged or enforced or enforceable unless reduced to writing and signed by both of the parties hereto; and 8 . I , ,I I , , ~ C'::) "" tt' - f.. ~~ .r:, > . .. ':,)'ocr; I , ~I(i -'7 , . "-!:.t: f';' ., ,. - '.!. 0::',' ""... . j {~:j Iii , (,. .) (), N II'. , ..: ~__ I ",,~ lJ.',:-, ~_ 1 I : 1! f-.': ... '/c.l{, ..:) tj ,. r.j LI (>) () I, " 'I , " " " , /1, 'I , , I, I, , , " , ' \11 ',I , , -J; " , , , , , " .~ -. \- 1.)'~ - r.. " ~, ' .~ ::i I' d'l . ~4J0 -,....':1 'j'i!' .:1(', :r;.:. I, :';'t" " p...tr ("-. ,1_1,?j , "iI, J' r.' '''J .',~ ~.. f,~ t" , i.)~9' 1,/1:1.. N' 'ro rrji I I " ct:\I' ::r~. "F"tJ1' I;'; ~ (~I;.a: , ',' ' ) ...r! ' " I ",. ffi B , " 0 ,. " , , " , " " " t'] I" ',-, ,', '" " " ", I, ,1-,,' " ,. .I.,.: t...l. ' <iJ/ F. '.' .!! I '. 1",:/:: r l:J r~l '" n I., .... ,.: '" ... .:J d "., '[l ;J ~ (:, ~ Jl "I. t.," C' c'; 'J' - 'J' ., - Q- 3" 1.) ~ r " N "" r _' " _1 ; , . ~L: , . I:j .... .... ... .... " ... .. :z " "" '" .... " U 0 .. 11 "" ~ .... 0 ~ ~ j::l 0.. ~ :> !':: H i!: "," O~<IlR~ H uz 1:i H H H ~~~~~ ~ .... 0.... '" ZZ rI)~&.siN H > '" :.s ~~~~g H U " 0.. ~ H 6 :> Q<iie 0( u " ~ '. ~ '~ " I;) ..,) ... ,,, '" ~~ " ,I ~ -. ~ "" ,. rL- ,.- o. ;t'~ ;,:l~ ~1..6l ...:l' ..,.. ')::1; ~I~ ~'"'- ;:'-~~ (l,. I, C\" ' ':l; 51 ~! ' "> N ' I ,." ~ ') ~ ' L:;r.: CE~:' ',.11..1 " ; no.. f ,r.:]' :a 11.. co <:> ej\ , . , , " ., ., " .' ,'01 , , I' ., , " .., :, Er. -. ~ ...l! >.. .. ,,- (', ~5;;' ..:I ';.IJ..tlf I ~~.:lL [f':: " . :rc: ,~.. ~~ ~t r.I.. I:-J;J .' "" " (-- I,.,; < /; ,l-A. N ,/:-r:;: [ell,! 2: 'T- ;,]~ I.:: c::' 1'1 I ~ II, 0;: 0 C1l .u " ., , " , , " , . " , ' " " , , ,. " , . " ~ , " ., . I " , ,"~ ,. , I" " , \ "; ,. ,. , I " , " " '" ',' . . 5. The parties were married on January 27,1990. The parties were divorced by Decree dated July 2, 199B. 6. The Former Spouse's share of Participant's benefits under the Plan Is seven thousand two hundred fifty-four dollars and eighteen cents ($7,254.1 B) In Participant's account under the Plan. 7. As soon as admlnlstrallvely feasible after the date of this Order, the Plan shall transfer Former Spouse's share to a separate account under the Plan in Former Spouse's name. Hereafter, Former Spouse shall have the right to direct investment of Former Spouse's separate account. In the event of Former Spouses' death before distribution to Former Spouse, the balance In Former Spouse's account shall be paid to Former Spouse's estate. 8. Former Spouse shall receive distribution of the balance In Former Spouse's separate account from the Plan at the earliest possible time after the Participant has become eligible for disbursement. Former Spouse understands that disbursement must be requested through the same process as any other Participant must request disbursement of an account. 9, This Order shall continue to be effective with respect to any successor or transferee plan of the Plan, including any plan Into which the Plan is merged, This order shall continue to be effective following the termination of the Plan. 10. Each party shall, upon receiving a request, perform any act reasonably necessary to carry into effect the terms of this Order. 11. Former Spouse shall be responsible for, and shall pay, any taxes which 'I , '>- <'I ~ , , h- ,~ I., ~',: 0.:" .. '< " ,( "'" " <r , I ~. <.' (- , , ~;:! c, , 'i) - I , 1:- ~ j ~ '. r'. i/:l)' " I, tn ",1: '.'. " f',.., i ,,-<': '-' , , , , , , " '. , . '. " , , , , '.1 I " , " " " " i'I' ", " " , Ii " " J . . ". " , ,