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HomeMy WebLinkAbout97-05671 ./ i , " ., , , "1,, '.' / , i' " I , , I, " 'I ," ., .1 "I)' I ~ I , I , , i ., , , J,; ~ ~ )< .... ~. ,':) , , , , .' ." 1\" I, .1 ",' ,', , 1-)' } , /. " \ , '1 ". " " ., ',I ., ~ ./ I' " !.':', 1'1" I ,I ',1", ,'! ,; I' 'i" _ ." i' " , " ,;I , " /. \. ~ .)(. ... ~ ,. ,. .1, , , 1\ " , .,' , ' , , ,II, , . , 111'i , ~ l' , , ., " .. , , " 1'1' .' , ",, 1,,1, 'I,' ., ., ',' " , " ., ., " JI,I " ". I, "1)1,. '1', . I II '. , , " "1'" ., I 'I ,. 1" !,l ., ',' , ., " \ J., ',' , ',. , " ,-I " ' '/ ./ II I , " ':1" ., ). I, ': , , , " ., , , " ,1' , ' '.' ,I 'J 'i,"I.i' ,. " , :' ;,()'I' " ," I, ., 'I ',' II;' " " I, >I,d \' " " , I'" " \1', ':/' .'. .. '. . ' ,. 'l',n " " I, 'i " , .J' '"" ': ,. 'J , ., 'jl r' , , ,,' , _,,' ;1 ) II 'It' , , _/ ,I' ,', , " ,I, \,', 'I' 'I; ..' ',,! " ,. II :,', "I " ,. IY .' , , .' ':} -I \', I ' ~' .' ., ~ ,ill. \' II ' .. " ' '" ,~, ,-",~\:i);~ i, I, "';, " " \,, ,,',.,r 'Ii .,' i.',"j I,I'" ",j' )--"1" " . .,. '1-- \,' , , :'., ': -~I ,<,:!I, " .\ ,. , .}... li;-,"--', ..' I' ,Ii.l ,. t'. " , , .,1:'" I',t, ,. ," ,,' " , ,. ,)" -l', 'I'"...... 1.1 t"o- ;j'l ~ ." ".- '\C) . ~ 0- ,-" ., I ,'" . " ' -il,I,';,\.;'1 " I"',, "'\,:,' ., , " , ., '.' " .. ,'I'i I " ," " ',:' , SEPARATION ANI) PROPERTY SETTLEMENT AGREEMENT TillS AGREEMENT Illu<lc this '/ _0 day of ,.Jl.A t ~ ,2002, by and bctwcen SIIAltON IUXl.ER of 1935 Aldon Drivc, Dovcr, York County, Pcnnsylvania (hcrclnal\cr rcfcrrcd to as "Wlfc"). and KmK A, DIXLElt, of 481 Cruines Gap Road, Carlisle, Cumberlund County, Pcnnsylvania (hcrcinul\cr rcfcrrcd to as "Husband"). WITNESSETH: WHEREAS, Husband und Wlfc wcrc lawfully married on July 21, 1991 in Perry County, Pcnnsylvania. WHEREAS, diffcrcnccs huvc ariscn bctwccn Husband and Wifc in consequcncc of which they have choscn to live separatc and apart from cach othcr; and WHEREAS, thc parties acknowlcdgc that they havc had the opportunity to revicw thc provisions of this Agrcemcnt and furthcr havc had the opportunity to sccure lcgal counscl und advicc rclutive to thc Icgal cffcct of this Agrecment. The parties acknowledge that thcy have cithcr rcccivcd indcpendcnt legal advicc from counscl of thcir own selcction or that thcy havc spccilically choscn with full knowlcdgc and on thcir own volition, to not scck lcgal advicc relative to this Agrccmcnt. They furthcr acknowlcdge that thcy fully undcrstand thc facts that arc the basis of this Agreement. Thcy acknowlcdgc and accept that it is bcing cntcrcd into frccly and voluntarily, aftcr having thc opportunity to rcceivc Icgaladvicc and with the knowlcdgc that cxccution of this Agrccmcnt is notthc result of any durcss or unduc influcncc, and furthcr that it is not thc rcsult of the collusion or improper or iIIcgalagrccment or agrcements. NOW, THEREFORE, thc parties hcrcto intcnding to be legally bound hcreby do covenant and agrce: I. Senaratioll: It shall be lawful for cach at alltimcs hcrcaftcr to live separate and apart from the othcr party at such placc as hc or shc may from timc to timc choose or deem fit. The foregoing provision shall not bc taken as an admission on thc part of either party of the lawfulness or unlawfulness of the causcs lcading to their living apart. Page I 01'6 2. II/teiferellce: Each party shall be frce from interference, authority, and contact by the other, as fully as if hc or shc were single or unmarried except as may be necessary to Cllrry out the provisions of this Agreement. 3. Wire's Debts: Wife represents and warrants to Husband that she will 1I0t contmct or incur allY debts or Iiabililics for which Husband or his estate might be responsible and shall indemnify and save harmless Husband from any and all claims or demands made against him by rcason of debts or obligations incurred by her other than those debts incurred pursuant to any sections of this Agreement. 4. HI/sballd's Debts: Husband represcnts and warrants to Wife that he will not contract or incur any dcbt or liability for which Wife or her estate might be responsible und shall indemnify and save harnlless Wife from any and all claims or demands made against her by reason of debts or obligations incurred by him othcr than those debts incurred pursuant to any section of this Agreement. 5. Real Estate: The parties are the joint owners of real estate located at 481 Craines Gap Road, Carlisle, Cumberland County, Pennsylvania. This property is encumbered with a mortgage due and owing to Harris Savings Bank requiring the monthly payment of approximately $800.00. Upon prcscntation to Wife through counsel of a special warranty, fee simple deed conveying all of her right, title and interest in the aforcsaid property to Husband, Wife will execute that Deed to be retained by her counsel in escrow until such time as Husband refinances the aforesaid mortgage. Upon the refinancing of the Harris Savings mortgage, thercby removing Wife's name as a responsible party on that loan, counsel for Wife shall immediately release the Deed to Husband contemporaneously with the refinancing statement so as to allow for the Deed to be recorded in conjunction with the recording of Husband's refinanced rnortgage. Until such time as Husband's refinancing of the aforesaid mortgage, he shall be solely and exclusively responsible for making any and all payments and meeting any and all financial commitmcnts due and owing under the aforesaid mortgage to Harris Savings Bank. Husband shall indemnify Wife and hold her harmless from and against any and all demands for payment or collection activitie5 of any nature whatsoever relative to the aforesaid mortgage. From the time of execution of this Agreement forward and upon the Page 2 of6 partie~' compliance with all terms of this Agreement, Wife wuives and relinquishes any and all right, title and interest in the uli.lresaid real estute. In addition, lIusbund must Iile for a relinancing on the aloresaid mortgage with Harris Savings Bunk or another legitimate finuncial institution within fineen (15) days of execution of this Agreemcnt by Husband. In the event Husband's request lor refinancing is denicd, Husband is obligated to liIe llll application for refinancing on thc aforesaid mortgage with Harris Savings Bank or unother legitimate financiul institution on the twelve month anniversary of the execution of this Agreement by Husband and every twelve months thcreaner until such time as refinancing has taken place. Husband is not obligated to refinance, however, at an interest rate greater than nine (9%) percent. If Husband is offered the opportunity to relinance the aforesaid mortgage for an intcrcst ratc of 9% or less, Husband shall accept that. In addition, in thc cvcnt that Husband should default upon the aforesaid mortgage during thc time when Wifc's namc is Iistcd as a responsible party on that loan, Wife shall bc cntitlcd to immcdiatcly initiate action against Husband through the tiling of an amicable alimony action, to which Husband will not object, in an amount to include not only thc debt itself, but also any late fees, interest, legal fees or costs associatcd with any related collcction proceedings, plus intcrest in thc amount of fincen (15%) perccnt to accrue per annum to compcnsatc Wife for any tax loss she may suffcr. The requested amount of alimony shall be collcctcd through wage attachment by Domcstic Rclations. Husband shall not defend against Wife's rcqucst for alimony in that amount and may not raise the dcfense of Wife's cohabitation to any claim for alimony out of this paragraph. 6. Olllstandi/l~ Joint Debts: Except for the dcbts dcscribcd herein, (specifically described in paragraph 5 of this Agrccmcnt) neithcr party has incurred any debt or Iinancial obligation which creates an obligation on thc othcr party's part. In the event any such debt exists, thc party contracting for such debt shall be solely and exclusively responsible for thc paymcnt of such debt and shall indcmnify and hold harmless the other party from any demands for payment or collection activity of any naturc relative to any such debt. Page3 of 6 7. MII/I/Ill Relellse: SubJect to thc provisions of this Agrcemcnt, cach party has released and dlschargcd, and by this Agrcemcnt does for himself or hersclf, and his or her heirs, legal rcprescntativcs, cxccutors, administrators, and assigns, relcasc and dischargc the other of and from all causcs of action, claims, rights or dClllands, whatsocver In law or equity, which cithcr of the parties cver had or now has against the other, except any or all cause or causes of action for divorce or any action to enforce this Agrccmcnt. S. AliI/WI/V. AliI/WI/V P,lI/deI/Ie Lilt!. Spol/slll S/(/1,f}()/'1 IIl/d MlIilllel/a/lce: The parties specifically are aware of, acknowledge and understand their right to demand alimony, alimony pendente lite and support and hereby waive their right to these claims against the other pal1y now and in the future. Both parties agree not to make a claim for alimony, alimony pendente lite or support now, during any future divorce proceeding between the parties, or at anytime thercal1er. 9. Divisiol/ Qf Persol/lIl Prooer(y: The parties have agreed to a division of their personal property to their mutual satisfaction, including their personal effects, household furniture, furnishings, appliances, Ilnd all other articles of personal property, including automobiles, which have heretofore been used in common and neither will make any claim to any such itcms which are In the possession of or under the control of the other party. 10. Il/sl/ral/ce. Reliremel/I. al/d Dlher Bell/:.fiu: The parties agree that neither party shall make any claim of any nature whatsoever concerning any insurllnce benefits, retirement benefits, profit sharing accounts or other similar accounts or benefits that are available to or accruing to either party. II. Waiver QfClaims Allail/sl E.<lales: Except as herein othcrwisc provided, each party may dispose of his or her property in any way, and each party hereby waives and relinquishes any and all rights he or she may have or hercal1er acquire under the present or future laws of any jurisdiction, to share in the property or the estate of the other as a result of the marital relationship, including without limitation, dower, curtesy, statutory allowance, widow's allowance, right to take in intestacy, right to take against the will of the other. and right to act as administrator or executor of the other's estate, and each will, at the request of the other. execute, acknowledge, and deliver any and all instruments which may be necessary or advisable to carry into effect this mutual waiver and Page 4 01'6 relinquishment of all such Interests, rights, and claims. This Paragraph sholl not affect either party's right or power to expressly include the other party in any will or other document, whether written In the past or in the future. 12. Breach: If either party brenches any provision of this Agreelllent, the olher party sholl hnve the right, at his or her election, to sue for damages for such breach, or seck such other remedies or relief os llIay be available to him or her. 13. Coullsel Fees: The parties agre.: that should 0 divorce action be llIaintained by either of the parties to dissolve their marriage, neither party shall make a claim lor counsel fees from the other party. Both parties have been fully infornled of and acknowledge their right to make a claim for reasonable counsel fees in the presently pending divorce proceedings, but hereby make a full, complete and voluntary waiver of that right. 14. EII(orcemelll: The parties agree that this Agreement may be made a part of any final divorce order or decree entered in this case. This Agreement may be incorporated in but shall not be merged with any such order or decree. In the event either party fails to comply with the terms of this agreernent, the other party may enforce this agreement by liling a Petition For Contempt if a party breaches this agreement the other party, in pursuing enforcement of the agreement, shall be entitled to attorney's fees Irom the breaching party. IN WITNESS WHEREOF, the parties hereunto set their hands and seals the day and year first mentioned above. WITNESSES: ~ 1!(,JM 1&'" (YI tbf y ,} . xiI( )6/ ) , , ) /'') / ' I .,ft' tJ.;i. Au.'7} 'II II..., , Date ---"SHARON BIXLER (,/),,1/ {. ~ J<:-. t:;;. ~ KIRK A. BIXLER Page 5 01'6 I' , " >.. t:) ~ n; .., ,:;; I .. ;>~ , ,I ... '-"L ,: Ir) :J? ..... :):>> "'d I 'l~ L'J " -';'1 "fL.. .. ,OJ,-,., .. .PU.. . , .. '~j . /Hi (J '1 'l '" :'1' ,I ., I' '; 'I .1, , i'/', I),' " I, " .' , I II I' , , " PlaintllT : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION . LAW SHARON BIXLER, v. DefendllOt : NO. 97-5671 : IN DIVORCE CIVIL TERM KIRK A. BIXLER, PRAECIJ>E TO TRANSMIT RECORD TO THE PROTHONOTARY: Trunsmit the record, together with the following information to the court for entry of a divorce decree: I. Ground lor divorce: Irretrievable breakdown under ~3301(c) ]JQl(tl)(l) eftlle Di'_eree Cede. (Strike out inapplicable section). 2. Date and manner of service of the Complaint: Certified mail, restricted deliver to Defendant on January 30, 1998. 3. Complete either paragraph (a) or (b). (a) Date of execution of the Allidavit of Consent required by ~3301 (c) of the Divorce Code: by PlaintifT: July 17,2002 by Defendant: June 20, 2002 (b) (1) Date of execution of the al1idavit required by 93301 (d) of the Divorce Code: (2) Date of filing and servicc of the plaintill's at1idavit upon the respondent: 4. Related claims pending: none 5. Complete either (a) or (b). . (a) Date and manner of service of the notice of intention to file Praecipe to Transmit record, a copy of which is attuched: (b) Date of plaintiffs Waiver of Notice in 93301 (c) Divorce was filed with the Prothonotary: July 19, 2002 Date defendant's Waiver of Notice in 93301 (e) Divorce was filed with the Prothonotary: July 19. 2002 7 WtA.. ,-li,-~ Marylo las, Es~~ GRIFFI , ASSOCIATES AI/arney/or Plaintiff L'I :1 :1 , , 1',' I ., " , I , >- 1=- IE; ~~\~ "" r'\': " '- .. .~<- , '.... : "'J I.' d ,'. " , " -, '11 , f:~ ::-i '''''f . I". ~ . , ~ I.(? ~'Jt t!;J' b") r/. 'J~ t'; ;3 ' ..'1 .), , , , , 1; I " " ,!' " , , , ,I 8. Phlintiffand Defendant are citizens of the United States America. 9. The parties' marriage is irretrievably broken. 10. PlalntilT desires a divorce based upon the belief that Defendant will, ninety days from the date of the filing of this Complaint, consent to this divorce. WHEREFORE, Plaintift' requests your Honorable Court to enter R decree in divorce pursuant to Section 3301 (c) of the Domestic Relations Code. QllJ1f.Ul II. Paragraphs 1-10 are incorporated herein by reference as if set forth in their full text. 12. The parties have been living separate and apart since April 1997. WHEREFORE. Plaintiff requests your Honorable Court to enter a decree in divorce pursuant to Section 3301(d) of the Domestic Relations Code. COUNT III 13. Paragraphs I through 12 are incorporated herein by reference as if set forth in their full text. 14. Plaintiff and Defendant are joint owners of certain real estate located at 481 Cranes Gap Road. Carlisle, Cumberland County, Pennsylvania. 15. Plaintiff and Defendant are joint owners of various items of personal property, furniture, and household furnishings acquired during their marriage which are subject to equitable distribution. 16. Plaintiff and Defendant have incurred debts and obligations during their marriage which are subject to equitable distribution. ~ ~ ~~~~ Ii -i'~ i -<~ '~~ 1t.. 8 ctl ~ ~ -t ~ i~ 5 - ~ \.) , ',. r() ~~i ',. , t ~', c.;~ ~ ~ ~ 8 1~ ~. \, .. I, ('-J \III ,- ,- ~ t " " I'.. ":l1 ~ If) . \. , ,~ U 1. , \..(:. In j L; -. fP. , ,. : i l~ I " , (I-. l. ,. ,- I;') '. ~" , , , , ',I II " , i' , , " .' , , ., ~ - (; f~ c; .~. N ~~ . , ,\ I"'I~ , :v.: {)..,~ &,,' . ..( I'~ Cl.. t) ~:-j " ~ Q ',.~r;; , j.r.~ iI ...~II ~ j't~ ;~ ',',1") ~ ~". t5 ~ , , , , , " " , , '1' " " ", , , 'I " , I,I , , , ' , , " ,i , " " i\ :, , , ig .. ~.. - c: ..;. , ':::- .. r:i,; . , lU ~ , -' c"'; SIZ~' ~'r!t'.i :r: I~h : i n, 1'0)::1 ~I~, I', ~_. .:... (!- Q'l : ;rir;'1 - I'. 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