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Home My WebLink About97-05388 ';yt , I "i!' < 1_'.;irJi ","Xi:{.l f:;{'- "\1ij <"d ;<IJ 'ji!~ 'ilg (',IV-.l ,~.ll~Jll j)}i;! "'a~ .; r:~\'1 I;'-'Ii.~,!. 'J-J:l ,,' \r,~ ,f{Jil "';I'\~ ; ,I' ;;l-:~:J:~ ; :,,\~ lj.'--l)j '1;)ll~ t;'/ir,j "-"P \ 'i'~~ ilJ " ffi ~ -.J ~ . ~ t." , ' ! 'i, '" ii , " " II , ''I Irfl , , )i ;1' , " , , ;1, j', " '':,'1 'I'" ci 1,1) .5 ~ I, ,. I " 1 I, ',1 I' :" ',\ 'I" I: " I " " " I, , 'Y:;i , , " ;, " , , Ii ," ;! II , " I' ',\1;:\,1 'r'! U 'i:1 'J "~r\ '1.,:'-<\ I; !I ;\ 1 ' ,I 'I , ' , " " d 'I ", ,'!; ;,;; " " , :-,'1'1", " , 1 " , ' " " 'It , I,., " " " " , , , , , , , " " , , " " :1 "\ " , , " I, 'I /;1 " " " " , , ',< I,: illl iI'I," " ,) " ,,' ~'" " " " , , ,'I j 1 I , 1 r.,' , ' " " " , , " , " " ,,' ,I " , I,,' , ,., r,., ,I " " 1 I I t I I ~ j r-r (jl - ::> C) ,\ ,. j' " j' ;' " , .. " , 'I " , , , L "', " 'I' 1.1 '(I , , ~ ',' .~,~.~*.~.~,~.~,*-~~.*,.~.~,.~"~'~~.~:~'~.*"~.,*..~.:~ ~ ~ ~ ~ 8 ~ 8 8 - -- .. .\Ie. 'lito 'lO:' ,>>:, '>>:' .' ~; , < ~r .... rer; , , v' '.'! ~I ~I ~~ "'1 , i ~\ ~I ~I ',' ~ ~I ~I ~I ~I' .~ :, ~I' ... ~'I ", ~; , , , ' ~i ~ .\ W " ~I 8 8 ~ ~ ~ ~ " IN THE COURT OF COMMON .:+;, .:.:' .:..:. .:.:. ';41 ,~ , ' '~ I. PLEAS i~ ~ $ ~ ~ ~ ., " OF CUMBERLAND STATE OF ~~t COUNTY PENNA. Steven L. palmer, ~ " II) ~ ~ ~ ~ ~ ~ " " PlainUff, ;\; I). 97-5388 V"I'''\1S Laura A. Palmer, Defendant 'M I ~ !~ C E ;1. <I ~D2. P"1.!: 1998 it is ordered and DECREE (O/VOR AND NOW,tJ,.,;...,. ./S d d th t '~Cv:n [h palrrer ecree a and . '. plaintiff, , '. defendant, ;s I' ~M , !~ , ' i~ I" I:' I~ I~ !~ I.'. '" , ' Laut:a A. Palrrer are divorced from the bonds of matrimony, The court retains jurisdiction of the following claims which have been raised of record in this action for which a final order has not yet been entered; i~ 1 : r:~ NonE:'. ....,....,.....,., , :~ I' !.~ , ' \* '" " p. J, ~ ~ f. :~ . ..,-, 14~, "It') I~' /~~H~ 1 ./ '/w " 'n.:L ) ,.>!2t'r, , Prolhol1nlnry :i1 ~.,~,~..~,.~.~..~"~,.~.*..*.:~,~.,~..~..~..*.~,~'~.~..~.,~.~. , , ("'.\ '-0 ? , ~ . , , ~:;; !tt .., i.li ,4i ;'] 'i:u tnl,' ; ~- 'fg t~t ' , , j ~'4 r',' '-'I (]I ) I ..1 'I~? j~: ': ~.': ,. j "'1 ,. l ~':: . ',~," ..... ., ) ....'1. , - ,Jill -. ;;'''i .. t" -'.1= M ".. -", ~l :.j .t:- ... " " , 'j " r P l.'l8 Sbb 738 US Postal 5'Nleo Receipt for Certified Mill No Insuranco Covolog. Provldo<J, 00 nol UII for Inl.mollonal MaM So, ""'rH Ira I\, Pa lITer P..tqo $ Certified F" st>odollltllYt'V F.. Restricted OoIIvtry FH II Rotum Roc,;pI 5no""~ 10 ..... Whom I oalt Oe~"'re i ReIJm Roc",1OOmg .I'llloo, DaIt .~'IW'IU I TOTALP""Q.&F.., $ 2.52 PQlIm.... Of ale ~ October2, 1997 ~ i I , I I . -0amDtIte -.. 111td1Of a tot ~ MMoM. IIComPIte ..,..3. .... Iftd -. .~ wow MmI ... eddr... on the....... of thIe form 10 lhalwe CM f'II\m fi, _IOVOU, '__fotmlolho_oIlho_, otonltMlbodl M__IIOI -=-_"- ~onltMl........._..._....-, .Tllo_~wIlI_IO_","_w"_ond"._ - 10: , 1110 wllh 10 recelw IIIe ~ ...... (for'" oxtra 1M): l.[J~'.~ 2, [J RHIrIctod DeIlvory ConouIl pDItnutor lor 1M, 4a, . r P 198 566 733 Laura 1\,. Palmer 4247 Car lIS Ie !<Dad Gardner'S, PA 17324 8, Add_', Addr_1 WId 1M Is pMJ) , I, 'i ~ '? I ~ - ~I '-0 " ~ g. ~.9 ~ tA) C) ~ " I~ li ~ :% ~I ~. - Jl el '~ :3 1':8 ~ ~. '~~ "" ~ .. ~,' ~. Q ", ': f " . ,~- '~r""'~:.~',::r~~~.;.-::...... , " " , 1'1, I, " , , , I I' 'g ~ Sri ~ ~ " rf - ~f \D 5: ~M s:~ 'P. ~ '!J ~ ~ " " 11-4, ; 'I ')' I ,;' I ('(I,,," r;, SEPARATION AGREEMENT A~D PROPERTY SETTLEMENt This Agreement, made and entered Into this IO~/.. day of in1J~ J....., 1998, between Laure A. Pelmlr, of Cumberland County, Pennsylvania, hereinafter referred to as "Wlfl", and Stlven L. Pelmlr, of Cumberland County, Pennsylvania, hereinafter referred to as "Hulbend", WHEREAS, the parties hereto are now Wife and Husband, having been lawfully married to each other on June 12, 1982 In Cumberland County, Pennsylvania; WHEREAS, the parties hereto are now living separate and apart and desire to enter Into an Agreement respecting their property rights, regardless of the actual separation or other character thereof and their other rights, Including the Wife's right to support and maintenance; WHEREAS, both and each of the parties hereto have had the opportunity to be advised of their legal rights and the Implications of this Agreement and the legal consequences that may and will ensue from the execution hereof, and each has had the opportunity to consult with his or her own competent legal counsel Independent of each other; WHEREAS, each party warrants, as part of the consideration of this Agreement, that each has fully and completely disclosed e.lllnformatlon of a financial nature requested by the other, and that no Information of such nature has been subject to distortion or In any manner being misrepresented; and WHEREAS, other than as set forth herein, Wife desires finally and forever to relinquish all of her rights to be supported by the Husband and all of her right of dower, rights as heir or surviving spouse or otherwise, actual, currently existing, or Inchoate, In and to the real and personal proptlrty of the Husband, now owned by him or which In the future may be owned by him, and all rights to alimony, alimony pendente lite, counsel fees, or expenses and, other than as set forth herein, Husband likewise wishes to relinquish all his rights of curtesy, rights as heir or surviving spouse or otherwise, actual and currently existing or Inchoate In and to the real and personal estate of the Wife, currently owned by her or which she may own In the future; NOW, THEREFORE, the parties hereto Intending to be legally bound hereby do hereby mutually agree as follows: 1, Separation, Husband and Wife do hereby mutually agree and consent to live separate and apart and do further agree that it shall be lawful for the Husband and Wife at all times hereafter to live separate and apart from each other, and to reside, from time to time, at such place or places as they respectfully shall deem fit, free from any control or restraint or Interference, direct or Indirect, by each other. 2. No Molestation, Harassment or Interference. Neither party shall molest, harass or interfere with the other or compel or endeavor to compel the other to cohabit or dwell with him or her by any means whatsoever, 3. Mutual Property and Estate Waiver. Except as otherwise expressly set forth herein, In which event such express provision shall take precedence over this paragraph, the parties hereto intend that from and after the date of this Agreement, neither shall have any spouse's rights In the property or estate of the other, and to that end both parties waive, relinquish, and forbear the rights of dower or curtesy, rights to Inherit, rights to claim or take the Husband or Wife's or family exemption or allowance, to be vested with letters of administration or letters testamentary, or to take against any will of the other, and each agrees with the other if either should die intestate, his or her share shall descend to vest In his or her heirs at law, personal representatives, and next of kin, excluding the other as though he or she had died a widow or widower, And each further agrees that should the other die testate, his or her property shall descend to and vest in those persons set forth In the other's Last Will and Testament as though the spouse so designated as beneficiary had predeceased the testator, The parties further agree that they may and can hereafter, as though unmarried, without any Joinder by him or hel', sell, convey, transfer or encumber any and all real estate and personal property which either of them now or hereafter own or possess and further agree that the recording of this Agreement shall be conclusive evidence to all of his or her right to do so. The said Husband and Wife do hereby Irrevocably grant, each to the other, should the exercise of this power hereby given be necessary, the right and the power to appoint one or more times any person or persons whom the Husband or Wife shall designate to be the attorney-In-fact for the other, In their name and in their stead, to execute and acknowledge any deed or deeds, releases, quit claims, or satisfactions, under seal or otherwise, to enable either party hereto to alienate his or her real or personal property, but without any power to impose personal liability for breach of warranty or otherwise, Each of the parties hereto further waives any right of election contained In Chapter 22 of the Pennsylvania Probate Estates and Fiduciaries Code, and any right to seek or have an equitable distribution of married property ordered by the Court subsequent to Section 3502 of the Divorce Code, Each of the parties hereto further agrees that neither shall hereafter be under any legal obligations to support the other, pay any expenses for maintenances, funeral, burlal, or otherwise for the other, and to that end each of the parties hereto does hereby waive any right to receive support, alimony, alimony pendente lite, counsel fees, expenses, or any type of financial assistance whatsoever from the other, except as otherwise expressly provided for herein, 4, Support. Husband agrees to pay Wife one thou..nd ($1,000.00) dollar. at the signing of this agreement. Which receipt of same Is hereby acknowledged, Husband further agrees to pay Wife an additional one thousand ($1,000.00) dollars thirty (30) days prior to the signing of the Deed to the marital home. Husband also agrees to pay to the wife twelve (12) monthly payments of two hundred ($200.00) dollar. per month starting 30 days from the date of the signing of this agreement. 5, Division of Personal Property. a. The parties agree that the Items of personal property, obtained before or during the marriage, that are presently within that spouse's possession, belongs to that spouse and shall be the sole and exclusive property of that spouse, Henceforth, each of the parties shall own, have and enjoy, Independently of any claim of right of the other party, all Items of personal property of every kind, nature and description and wheresoever situated which are now owned or held by or which may hereinafter belong to the Husband or Wife respectively, with full power to the Husband or Wife to dispose of the same as fully and effectually In all respects and for all purposes as If he or she were unmarried, b, Personal effects, All Items of personal effect such as but not limited to jewelry, luggage, sports equipment, hobby collections and books but not Including furniture or any other property, personal or otherwise specifically disposed of pursuant to this agreement shall become the absolute and sole property of the party who has had the principal use thereof or to whom the property was given or form whom It was purchased, and each party hereby surrenders any Interest he or she may have In such tangible personal property of the other. c. Savings Bonds, Husband agrees to sign over to Wife two (2) One Hundred dollar ($100.00) Savings Bonds, d, Family Items, All Items of personal property, to Include gifts, furniture, purchase, etc. and other such Itams that were originally from Husband's family shall belong to the Husband. All Items of personal property, to Include gifts, furniture, and other such items that were originally from Wife's family shall belong to the Wife, At any time that any Item Is found In the possession of the other spouse, such Item shall be returned to the proper spouse. This provision Includes, but Is not limited to, Wife has In her possession a bedroom suite and other furniture that belonged to the Husband's grandmother, Said bedroom suite and other furniture shall be returned to Husband upon wife vacating marital home, e. Agreement. The parties agree that If at any time after the signing of this agreement, they discover that they are In possession of item(s) that rightfully belong to the other party, the first party will return such Item(s) to the second party. Some of those Items are Identified as: Wife's birth certificate; Husband's rifle; Husband's double cassette deck player. 6, Vehlel... The parties agree that the 19B6 Ford EXP, 1949 Indian Motorcycle and 1950 Indian Motorcycle shall be the sole and separate property of the Wife, The parties agree that all other vehicles shall be the sole and separate property of the Husband. These vehicles include, but are not limited to: 1968 Ford Ranger, 1979 Ford Van, Volkswagen, 1974 VB Pinto, 1964 BSA Goldstar Motorcyc:e, 1957 Triumph Motorcycle, and 2 dirt bikes, Both parties agree to execute any and all future documents reasonably related to the transfer of title to the above listed vehicles, 7. Debts, a. Credit Cards. The parties are Joint owners of several credit cards. Recently, the parties refinanced their home and paid off all of their credit card debts at that time, Since thaI time, all credit cards and credit accounts listed In both names should have been closed and cancellod, If either party has any credit card account in both names, that party agrees to close that account Immediately and hold the other party harmless of any debt on that account. b, UliIitles, There are two outstanding utility bills. The parties agree to split equally the final electric bill for the storage building In the amount of $140.00, The Husband and Wife agree to split equally the final garbage bill In the amount of $90,00, B, Future Debts, The parties further agree that neither will Incur any more further debts for which the other may be held liable, and If either party Incurs a debt for which the other will be liable, that party Incurring such debt will hold the other harmless from any and all liability thereof, 9, Income Tax Return. The parties agree to file a Joint federal Income tax return for the 1997 tax year and split any proceeds equally, 10, Real Property, The parties agree that the real property located at 4247 Carlisle Road, Gardners, Cumberiand County, Pennsylvania, shall be signed over to the mortgage lender by Deed In Lieu of Foreclolure at the earliest possible time, If for some reason, the lender refuses to accept the property, the parties agree to diligently market the home for private sale, If said sale occurs, proceeds from the sale of this real estate shall be first apportioned to the outstanding Mortgage in the approximate value of $95,000.00, Further, If there are any other Joint debts. Incurred by and at the consent of both parties, those balances shall be paid off with said proceeds, After the payment of all marital debts, as outlined above, the proceeds from the sale of the home shall be split 50/50 between the parties, 80th parties agree to execute any and all future documents reasonably related to the transfer of title to the marital home and to cooperate in the prompt payment of all marital debts as outlined above. 11, Waiver of Alimony. In consideration of the mutual agreement of the parties voluntarily to live separate and apart and the provisions contained herein for the respective benefit of the parties and other good and valuable consideration, the parties agree to waive any and all claims for any alimony. 12, Penelon, Both parties agree to waive any claims they may have to any pension or employment benefits of any kind, earned during the marriage, by the other party . 13. Couneel Feee and Court Coete, The Husband agrees to bare filing fees and court costs Incurred In connection with drafting and filing of this Agreement as well as the filing of the Divorce Action captioned at 97.5388 Civil Term. If either party Incurs any other legal fees or court costs over and above those Just mentioned, those fees and costs shall be borne by that party exclusively, Each party agrees to pay for their own legal counsel fees that they may Incur. 14. Divorce, The parties acknowledge that an action for divorce between them has been filed by Husband and Is presently pending divorce between them in the Court of Common Pleas of Cumberland County to the caption Steven L. Palmer v, Laura A, Palmer, 97.5388 Civil Term, The parties acknowledge their Intention and agreement to proceed In said action to obtain a final decree In divorce by mutual consent on the grounds that their marriage Is irretrievably broken, and to settle amicably and fully hereby all claims raised by either party In the divorce action, The parties acknowledge they have executed simultaneously herewith the necessary Affidavits of Consent for the entry of a final divorce decree in that action, 15, Breach. In the event that either party breaches any provision of this Separation and Property Settlement Agreement, he or she shall be responsible for any and all costs Incurred to enforce the terms hereof, including. but not limited to, court costs and reasonable counsel fees of the other party, In the event of breach, the other party shall have the right, at his or her election, to sue for damages for such breach or to seek such other and additional remedies as may be available to him or her, 16, Enforcement. The parties agree that this marital settlement agreement or any part or parts hereof may be enforced In any court of competent jurisdiction, 17. Applicable LIlw and Execution, The parties hereto agree that this marital settlement agreement shall be construed under the laws of the Commonwealth of Pennsylvania and shall bind the parties hereto and their respective heirs, executors and assigns, This document shall be executed as original and multiple copies, 18, The Entire Agreement. The parties acknowledge and agree that this marital settlement agreement contains the entire understanding of the parties and supersedes any prior agreement between them, There are no other representations, warranties, promises, covenants or understandings between the parties other than those expressly set forth herein. 19, Incorporation In Judgment for Divorce. In the event that either husband or wife at any time hereafter obtain a divorce In the action for divorce presently pending between them, or otherwise, this agreement and all of Its provisions shall be Incorporated Into any such judgment for divorce, either directly or by reference. The Court, on entry of judgment for divorce, shall retain the right to enforce the provisions and terms of this marital settlement agreement. 20, Addltlona/lnstruments. Each of the parties shall on demand or within a reasonable period thereafter, execute and deliver any and all other documents and do or cause to be done any other act or thing that may be necessary or desirable to effectuate the provisions and purposes of this Agreement. If either party falls on " L , , ~I ~ ~ :II: i~~ Po' .13 - i] IJ:) , I' , 1":;,:' :.1~1 " '~~1 ~ d~~ I , (,;\~ '....9 I, ~~ -< .. ~., ~ t.:l f, " , , , , .. , ' I, " \':; . '.II\I('l/Y''; (\'1""''''" , ., .!t.t ,l:~rll~ /T,",1';l'.":na SZq lid OZliJ1'G5 .\tiV1C.;.: ') "j ,;; ,;' dO ::fJU j()'G3ll~ " " " P: '0 7 Q) , I '~.. '- J . ;r\ HI ;1U . 'j~lpg, '.. , ... , .,11",.." '\I!:l ,r,;':l N l,:1 ,1, ~ I:::> )'6 r~!;' r ,...~ ;:::~ ' '~ :t.'-" , '~~ ,;.'1. .. ..' " ," ':~~; ~~- ~ " "1'Tl ',) ./ to:! ~:j 0 ~ ..< .OJ """ , " ,., , , . .--....'-1\