HomeMy WebLinkAbout97-06420
hereby acknowLod9'~d by oHcil of th'3 pllL'tins ilemto, WIllE and
HUSBANO, each intflndinq to be Legally bound, henlby covenant and
agree as fol Lows,
1. SEPARATION, It fJhall bc~ lawful for each pal:ty at all
times hen~nf.tr,lI: to 1 Lve separate and apart from tho other party at
suc:h place as he or she may from time to time chol3'~ nL' deem fit.
The foregoing provisions Hl1al.l nOL: be tal<en as an o'lrlmtl3s,ion on the
pi.lrt of AltlH~L' party of the lmlfulness or unlawfulness of the
causes leadlng to thei r living apart.
;J. INTH:Rli'ERENCllll l!:ach party .3hall be free from
interference, authority, and contact by the other, as fully as if
he or she were single and unmard'Jd, except afl may be nl~coflsary to
carry out the provisions of this Agreement. NGither party shall
moleflt thE' other or attempt to endeavor to molest the other, nor
compel th8 other to cohabit with the other, or in any way harass or
malign the other, nor in any way interEere wi,th their peaceful
existence, separate and npart,
3. SUBSEQUENT DIVORCE, The parties hereby acknowledge
that HUSBAND has filed a Complaint in Divorce tn Cumberland County
to docket number 97-6420 civil Term claiming that the maniage is
irretrIevably broken under the no-fault mutual consent provision of
Section 3101(c) of the pennsylvania Divorce Code. WIllE hereby
expressf3s her agreement that the! man'iage is irretrievably broken
and expresses her lntent to execute any and all affidavits or other
documents necessary feW the pay.'t i(~8 to oht.ilin all LlbfJolute divorce
pursuant t.o sect.ion (c) of the DlvoLco Code at the earliest
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appropr'iatn diltl? The P,1J:t ll?l, h':H'l?hy 'tIidvlj illl l'J<lht(, to request
Court-ord'~n1d couns(~Lin<J ullde)~ the Pivorce Coelo, It is further
sped fico 11 y undeL'stood illld o<jreed by tho pilL't ies that the
provi~lionfl 01: this !I<lreomont Ml to equitable distribution of
property oe the p.nti')fl ore ar.cepted hy each lJilrty Ofl a final
settlement for oll pUrpOR(iS Wb,lU\Ol?Ver., afJ contemplated by the
pennsylvcillia Plvorce Code.
Should a dec)'ee, .ludgm'Jnt or oroar of fletlill~atiol1 or
d.ivor"e bt~ obtained by either of the parties in this or any other
fltate, COUllt ry or j urisdict .1011, each of the p;:u:t 1 a,] lJereby consents
illld agreAR that this Agreement and /)11 of itA <::OVAoantfl shall be
not atfect'~d in any way llY any such sep/ll'at.1on or: divoL'Cel and that
nothing in any such decree, judgment, order m- further modification
or revision thereof shall alter, amend or vary any terms of this
Agreement, whether or not either or both of t.he parties shall
remarry, It is speciflcally agre'~d, th<lt a copy ot t.his Agreement
or tho suolJtance of t.hl: proviflionl3 th8reof, may be lncorporated by
reference into any divorce, judgment or decree. It is the specific
intent of the part.ies to permit thifJ Agreement t,o (;urvive any
judgment and to be forever binding and conclusive upon the parties.
4, DATE OF EXECUTION, The "d;:lte oF. execution" or
"execut.i.on d.'1te" of thls agreement sh<lll be defined as the date
upon which H, is executl?d by the partien if they have each executed
the agreement on the same date. Otherwise the "date or execution"
or "execl.ltlon date" of t.h.iB agre'3l11ent shall be defined as the date
of execut.ion by the party laflt executing this agre'!ment.
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5. DIS'l'RIBU'l'ION DA'l'lil I 'l'h8 t rEms f er of proporty, funds
and/or documents pnwided for herein, flhall only talte place on the
"distdbution date" whlc:h shall be defined as specified herein.
6. MUTUAL RlilLlilASm I HUSBAND and WIFm each do hereby
mutually nml.tse, releasEe', quitclaim and forev'ilr discharge the other
and the estntA of stich other, f.or f,lll t.ime to come, and for all
purposes whatsoever, of and from any and all dghts, titlp. and
interests, or claims in or against the property (including income
and gain from propert.y hereafter accruing) of the ot.her or against.
the estate of such other, of whatever nature ,qncl wheresoever
situation, which he or she now has or at: any time hereafter may
have against the other, the estate of such other or any part
thereof, whether arising out of any former acts, contract.s,
engagements or liabilities of such other or by way of dower or
curtesy, or claims in the nature of. dower or curtesy or widow's or
widower's rights, family exemption or .similar allowance, or under
the intestate laws, Ol" the right to t.ake 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 country, or any rights
which either party may llave or at allY time hereafter shall have for
past, present or future support or maintenance, alimony, alimony
pendente li te, counsel fees, property di vis ion, costs or. expenses,
whether arising as a result of the marital relations or otherwise,
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except, all rl.ghts and <1gn1flment.S and obligations ot what.floever
nature at'.l~Jing (H' which IIl.:lY adse under thls Agreement: or fot' the
breach elf ilny provisions thoreof. nifJ the Jnt.mUon of HUSBAND
and WIl7lil to givfl to naich other by the '~xecllti.on of thifJ Agreelll<mt
a full, complete and gen'cl-al rel'9.:1flEl with respect; to <lny and all.
propeny of any kind or Ilature, l:eal, per.fl01Jill 0): mi;_ed, which the
other now owns or may h'Jreafter acquire, e,'"r,ept ilnd only e:_cept all
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rights and agreements and obligations of whatsoever nature ar.islng
or which may arise undel' this l'.greement or for the breach oE any
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proviflion thereof, It is further agreed that this Agreement shall
be and constitute a full .:Ind Einal resolution of any and all claims
which each of the parties may have against the other. tor. equitable
division of property, alimony, counsel fees and expenses, alimony
pendente lite or any other claims pursuant to the Pennsylvania
Divorce Code or the divorce laws of any other jurisdi~tion,
'/, ADVICE OF COUNSEL, This agreement has been prepared
by JUDITH 1\, CAl,KIN, llSQUIRIl, counsel for HUSBAND, WI~E has been
advised that flhe has a dght t.o separate counsel and being so
advised fihe waives that right.
HUSBAND and WIFE accept that this Agreement is, in the
freely and voluntarily and that execution of this Agre~ment is not
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circumstances, fair and equitable and that it is being entered into
the resul.t of any duress or undue influence ilnd that it. is not the
result of ilny r:o.llusion ot' improper or ill egHl agreement ot'
agreements. The part lea furtheJ: acknowledge that they have each
made to the other a full accounting of t.heir respect.ive assets,
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,"state, liabilities, and sourCElS oE incomEl and that they wnive any
speclf lc cmumerat lon thereof for tho purpose oE th lfj Agreement.
Each party agroes that he and she shall not at any Euture time
raise as .:\ deEelHie 01: othel:"wise the lack oE sucll dls(!'losul:" In any
legal p):"oceeding, involving thia Agreement, with the Elxception of
disclosure t.hat may have been fraudul,mtly withheld.
8. WARRANTY AS TO EXISTING OBLIGATIONS tEach pat'ty
represents that they have not heretofore incurred or r.ont.racted for
any debt or liabllity or obligation for which the estate of the
other party may ht'! responsible or liablE! exr.ept Cl8 may be provided
Eol'" ln this Agn:ement. li:ach party agrees to Indmlmify and hold the
other party haJ:mles8 for and against any and all such debts,
liabilities or obligations of evary kind which may have heretofore
been incurred by them, including those for necessities, except for
the obligations arising out of this Agreement,
9. WARRANTY AS TO FUTURE OBLIGATIONS, WIFE and HUSBAND
each covenant., warrant, ropresent and agree that with the exception
of obligations set forth in this Agreement, neither of them shaJ.l
hereafter incur any liability whatsoevnr for which tho estate of
tht;; other may be liable. Each par:ty shall indemnHy and hold
harmless the other party for and against. any and all debl:s, charges
and liabilities incurred by the other after the nxecutlon date of
t.hh Agreement, except. as may be otherwise spec i f .i.cally provided
for by the t.er.ms of t.his Agreement,
10. PERSONAL PROPERTY: TIle parties hereto have divided,
betwer-!ll t.hemselves, to their l1\ut.uill satisfaction, all items of
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tangible and Illtallglbll'l mil).ttnl prop<'lt'ty. Attached hereto as
Rxhibit "A" ts n list of personal property which shall be the sole
and separate pL'Op''lrty of WIPIil. The Pnlance of the personal
property, Includin'l the dog, Sydney, shall bl;! the sol'') and separate
property of HUSBAND.
NeIther party shall make any claim to any
otheL' such items ot m,ll:ital proporty, or' to the separilte personal
property of either party, which Rre now in Lhe possessIon and/or
under the control of the other. should it become necessary, the
parties ench agree to sign, upon request, any titles or documents
necessary to give effect to thIs par.agraph.
In the case of
tangible porsonal property, the item is physically in the
possession or control of the party it sha li be that party "s" sole
pL'operty at the tIme of the sIgning oE thIs Agr'eem,mt, and in the
case of intangible personal property, if any physIcal or written
evidence of ownership, such as passbook, checkbook, policy or
cortit iCilt.o oE InfJUrance or other similar writing Is in the
posseElsion or control of the pal:ty. HUSBAND and WIFE shall be
deemed t.o be Elolely and indivIdually in the possession, control and
ownershIp of any pons ton or other employee benefIt plans or other
employee benefits oE any nature to which eIt.her party may have a
vested or contingent right or interest at the time of the signing
of this Agre8ment,
11. MOTOR VIilHICLIilS: rhe parties agree that HUSBAND and
WIFE shall become the sole and exclusive owner' of <1ny motor vehicle
in theIr possession, and each will be solely liable for any lien on
their respective cars.
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L2. REAt. IllS'l'ATEI The pal:t lcs own a home UJcflt:nd at .H8
5th St l:Got, New Cumborlul1d, Cumberland CO\lllt y, Pennsylvania. WIPE
agnlGS to transfel: tL1 HUSBJUTD all her right, t.itl." and Inter:eflt in
saId l1ome, ilnd she ngnles to execute il deed at. the sallie time she
GXGcutes tl1ifl A<Jl:eemL'nt. HUSBJUTD agren.s to be solL1ly liable for
all e;,:pL~nfles 011 s,]ld hL1me, including, but not. l1l1d.ted to the
balance of thl} mortgage. HUIjBJUTD ;\gl'oo96 to pay WIPE the sum of
Seven ''l'housand Five Hundred ($'7500.00) Do.l.lar.'s for.' her interest in
said 110me. 'l'hitl Ilmount will be paId in monthly p.lyments of a
mInimum of $300.00 pel: month.
13. AFTER ACQUIRJilD PERSOUAL PROPERTY, Each of the
parties shall 118reafter own and enjoy, Independently of any claims
or right of ttle other, all items of person,'ll pr.'operty, tang.ible or
intangible, hereafter acquired by him or her, w.ith full power in
him or her to ditlpose of the same as Eully and effectively, in all
respects and for all purposes, as though he or she were unmarried.
14. APPt.ICABILITY OP TAX LAW TO PROPERTY TRANSFERSI
The partiefJ h(lreby agre8 and eXJ:n'ess their intent that. any transfer
of property pUJ:fJuant to thIs Agn;emt~nt shall be w:l.th.in the scope
ilnd applicab.ility of the Deficit Reduction Act of 1984 (herein the
"Act"), specifically, the provisions of sa.id Act pCl:taining to
transfers of property between spouses or former spouses. 'rhe
parties agree to sign and cause to be filed any elect.ions or other
documents required by the Internal Revenue Service t.o render the
Act applicable to the transfenJ set forth in th.i:'! Agreement w.ithout
recogn.ition of gain all such transfer allct subject to the carry-over
fJ
hilRis proVI,I,lnIl8 of H.:1id Act,
1/3. WAIVlilR ,011 ALIMONY PlilNDEwrlil LI'1'1il AND LlilGAL 1"lillilS I
Bach piu'ty l1eH'olly w;:\ i VI'S ilny l'i9ilt to alimony penu''lllt (! lite. The
part.iflfl n,)rOB to 1.1'~ n)sponflible fot' their own i\t:t,onl"y' s Ecc1S.
16. FULL DISCLOSURlill 8;:\cl1 party asset'ts th,'L she or he
has Illllde II t'lll1 Illld complotn disc:losure of all the real and
pel'SOllill property ot whatsoever nature ilnd wlwI:Bsoevc1r located
belonging In any w,'y to each of them, of all dl1bt~1 and r,mcumbrances
,incll.t'red in any malllWl' whatsoevor by each of tlJem, of all sources
and ,111l0untB of income received or receivable by each of parties,
and of ev()ry other fact relating in any way to t.lJe subject matter
oE this A'Jl'eem'~lIt. 'I'hene discloll\lres are part of the consideration
made by each party fOt' ',nt'ed,n9 into this A9n?em"Jll;.
17. WAIVER 01" ALIMONY: The parties herein acknowledge
that by this Agreement they have respectively oecured and
maintained a substantial and adequatp. fund wIth whIch to prov.ide
for t.hemselvElfl fluff.1cient CinancJ,al resources to provide for their
comfor.t, maintenance and SUPPOl't, .in the fltation of life l',o which
they are accustomed, WIFE and IroSBAND do hereby waive, relt1ase and
give up allY r.ights th'?y may respect.i vel y have against the 0ther for
aUmony, spousal support or maintenance.
It flhall be from the
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execution of 'thiu Agreement the sole responsibility of each of t.he
r.eflpc1ct:ive partif!fJ to slHltaln themselves without. seekin9 any
support from th8 othe~ pArty,
1.8,
WAIVER OR MODIFICATION '1'0 BE IN WRITING:
No
modification or waiveI.' of any of the tenm her€lof AhalL be valid
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;!01. NO WAIVIllR ON DEPAUL'l'1 1'hl,; Agralilment; shall remain
in fuU forco i1ncl ot feel unlaSfJ and until teJ:o,inat;ed undaJ: and
pursuilnt to tilE' termB of thifl A91"ea'llrmt.
Tho failure of either
p.;lrty to illSiilt upon f:1t.rict portcnllilnce of allY of tho pJ:ov.il3iOllS of
th.is Mll'('8mont ~llhlil In 1)0 way aff'lct th,~ dg~ll: of such pnrty
hereaftc1t' to onforco Lll'" Silme, nOl' shal.l the waiver oE any deEault
or breilch of any provliJiolll; hereof be construed afl a waivor of any
subsequent default OJ: bL'"ach of the same or similnr nnture, nor
shall It be cOllstrued as a waiver of strict p'arformance of any
otheJ: obUgat lom1 llenll.n.
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SEVERABII.ITY I
lC any l:m:m, condit.icJl1, clause or
pJ:ov.ision of this Agreement ,;hall be determined or dm:lared to be
void or invalid .in law or otherwis", then only that term,
condition, clause or provision shall be stricken from this
Agreement and in all other J:espects this Agreement shall be val.id
and continue in full force, effect and operation.
Likewise, the
failure of any party to lIleet heL' or hi,; obligation undeJ: anyone or
more of the paragraphs herein, with the exception of the
satisfaction of tho condit.ions precedent, shall .in no way avoid or
alter the remaining obligations of the parties.
26. BREACH: IE eithAr party breachefl any provisions of
this Agreement, the other pilrty shall. have the right, at his or her
election, to sue fOJ: damilges for such breach or seak such other
remedIes 01' relief as may be ava.i.1abl,;! to him or her, and the party
breaching thIs cont ract shall he respolls lble for payment ,of
reilsonable legal fees and costs incurrod by the other ill enforcing
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VS.
IN TilE COURT OF Cot010N PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL DIVISION
JOtiEl'll G. ti'l'IlENI<Otil\l.
PlaLnt Ltf
I\AIU\N A. ti'l'J\ENI\Otil(l,
lJofl.!ndllnt
NO. 97-61,20
CIVIL TEIlH
PRAECIPE TO TRANSMIT RECORD
To the Prothonotary:
T~an.mit the record. togother ~ith the following information to
the court for entry of a divorce decree:
1. Ground for divorce: irretrievable breakdown under 5330l(c)
~X~W1(l) ot the Divorce Code. (Strike out inapplicable section).
2. Date and manner of service of the complaint:
('"""ffl..d-J\efltrLet,,,1 delivery 1 1/20/97
3. Complete either paragr.aph (01 o~ (bl.
(0) Dota of execution of the affidavit of consent required
by 5330L(c) of the DivoJ:'ce Code: by plaintiff 3/3/98
by defendant 3/3/98
(b)(l) Date of. execution of
the affidovit required by
; (2) Date of filing
affidavit upon the r~spondent:
S3J01(d)
of the Divorce Code:
service of the plaintiff's
and
4. Related claill1l1 pending: NONE
5. Complete either (0) or. (b).
(a) Date and manner of service of the notice of intention to
file praecipe to transmit rucord. a copy of which is attached:
(b) Date plaintiff's Waiver of Not.ice in 53301(c) Divorce was
filed with the Prothonotary: J/ I, /98
Date defendant's Waiver of Notice in 53301(c) Divorce was
filed with the P~othonoterYI 3/4/98
torney for (Plaintiff)(Defendant)
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IN TilE COUR'f Qr CO~lMON I'LJIAS
PAUl'llIN COUNTY, l'ENNIlYLVANIA
JOSEl'lI G. STRENKOSl<I.
Plointiff
(l"A), C:' i' /"1'/'1 ('0,'1;
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VB.
KAJtEN A. STRENKOSKI.
Pe fondant
PIVORCE COMPLAINT
3301 (c)
/7s~5V ;=d'dtz~
57 ttJ rd- tfJU(I(II#
-/t't),5>O pi, ,,4
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JUDITH A. CALKIN
A1"l'ORNEY AT I.AW
22Q1 N, SEC()~J.l STREET
JlAIlItISJlURO, PENNSYtVANlA 1711t)
(1111 2:)H-2312
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JOSEn)lI G. S'l'RSNKOSI<I, I IN 'I'HE COURT OF' COMMON PLEAS
~)lil.lnti f f I CUMBERLAND COUNTY, PENNSYLVANIA
vs, NO. 97-6420
KAREN A. STSNKOSKI, CIVIL ACTroN-DIVORCJ~
Defendant.
AFFIDAVIT OF SERVICE
I, .1udit.h A, Calkin, deposes and saysl
1. 'I'hat she is an adult individual residing' in
Dauphin County , Pennsylvania.
2. That on November 19, 1997, sent by certified-
l;'est.ricted delivery, ret.urn receipt requested from Har~isburg,
F.'ennsylvania (NO. 225-121-252) the 3301 (c) ,Divol;'ce Complaint of
in the above-captioned case tOI
Karen Strenkoski
P . O. Bo:< 731
Hershey, PA 17033
3. That on November 20, 1997, Karen StreH:,oski
signed the receipt (No, 256 121 252) which is attached to this
affidavit,
Esquire
\,
2201 North Second Street
Harrisburg, PA 17110
(717) 238-2312
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