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HomeMy WebLinkAbout97-06653 .:+:. .:t:- .:.:. .:.:. .:+;. .:.:- .~.;. .:.:. .:.-:. .:.:. .:.:. .:+:- .:+:. .:+;. .:.: ~I' . ,.. ",. ..." '... ~\ ~ ~I ~\, ',' ~ ~ Si ~ ~ " s ~ ',' W .;. ~ ',' ~ ... ,',.:- ,~.:. .:t;' -:+:. .:.;. :. .:.~. -:t;' .:.~, .:+:. .:+:. .:.;. .:.;. .:~. .:+:. ',41 . ". ' ., "~ I. l~ PLEAS l~ /~ - ,., .....' - ~ . . . IN THE COURT OF COMMON OF CUMBERLAND COUNTY l~' STATE OF ,~~!~t~1({~! PENNA, \. .",,1;1=5:',.( JOSEI'll A. [IJ~ECIIEH, PLA 1 N'l'l FF ['\11, n-6li53 \'111';,11;; DENISE L. I3EECIIEH, DEFENDANT ,', l!- ~ ',' DECREE IN DIVORCE , {~V\.l. " [l , . . , , . . " 19"ii' , it is ordered and ~ ',' ~ ',' ~~ ~ ,> ~ ',' AND NOW, . decreed that "".", JOSEI'll, A, ,lJEhGHER,' , , and "",llENISE,L.,BIiIi:CHEH"", """. are divorced from the bonds of matrimony, . " , , ' , , , , ' . " plaintiff, . . , , , , , , " defendant, ~ ',' ~ ',' ~ ~ ',' The court retains jurisdiction of the following claims which have been raised of rflfor~ in this action for which a final order has not yet been entered; ~. ~ ',' ~ ~ ,;. 1~HE, PAHTIES,', . SE,PAHATION. AND, PHOl'EHTY ,SET1~LENENT. AG,Hr~ENf.N'~, , , . . DATED FEBHUARY 17, 1998 IS INCOHPOHATED IIEHEIN [\y HEFEHENCE BUT'NOT'MERG~:D, 'IN"l'IlE'DECHEE."" ,,, j'" J" "",,,,,,,' /' '.' / fly '1\~I~t~1 AlIe,l: //} . (\ /) , -1''''~ '--;:- (" . ~..... """1- (,~t'U\ > 07 -. - c- r' I . , Prothonotary ~ ',' ., ~ ., ~ ~ ... ~ f.' $ .~ ~ ~ ~,1 ~ ~ ~ --.-... .-:>>:- ...-;. .:.;. .~ .~ ., ~ ',' ~ ,~ ., ,~ " ~ ',' ~~ ',' ~ ',' ~ ',' .~ ',' ~ ',' ~ ',' I" ~ " ,'. I~ I~ l~ I" I~ I~ I~ (~ I~ I':' (~ 1* (," It'; I' (~ I',' I., I,~ I :~ I i '. i',' (., r.,_ I * .I, ~ ~ '~ ,~ r',' ~ <+:- ':0;' .:+;. .:.;. .:.:. .:+:. .:~:. .:+:. .:+;. .:+:- .:.;. .:+> .:+:. SEPARATION AND PROPERTY SETI'LEMENT AGREEMENT '^ TIllS AGREEMENT made this /7 day of {d,r 0 D-,{ tf ,199B, by and between DENISE LYNNE BEECHER, of 4 Claremont Drive, Carlisle, Cumberland, County, Pennsylvania (hereinafter referred to 1\5 "Wife"), AND JOSEPH ALLEN BEECHER, of 450 Stonehouse Road, Carlisle, Cumberland County, Pennsylvania (hcrelnnfter referred to 1\5 "Hubband"), WITNESSETIl: WHEREAS, Husband and Wife were lawfully married on May 26, 1984, in Cumberland County, Pennsylvania; and WHEREAS, Husband and Wife arc residents of the Commonwealth of Pennsylvania and bave been so for at least the past six months; WHEREAS, certain differences have arisen between the parties hereto which have made them desirous of living separate and apart from one another; and WHEREAS, Husband and Wife desire to settle and detemline certain of their marital rights and obligations, and make an equitable distn"bution of their IlUlrital property, detenninc their rights to alimony and support and any other matters which may be considered under the Domestic R.elations Code; and WHEREAS, it is the intention and purpose of this Agreement to set forth the respective rights and duties of the parties while they continue to live apart from each other and to settle all financial and property rights between them; and WHEREAS. the parties hereto have mutually entered into an Agreement for the division of their jointly owned assets, the provisions for the liabilities they owe, and provisions for the resolution of their mutual differences, after botll have had full and IIUIJlle opportunity to consult with attorneys of their respective choice, the parties now wish to have that agreement reduced to writing. " . . . NOW, THEREFORE, the parties hereto in ~:onsideration of the mutually made and to be kept promises set forth hereinafter and for other good and valuable consideration, and intending to be legally bound and tll Il:gally bind their heirs, successors, 8.Sslgns, and personal representntives, do hereby covenant, promise and agree os follows: ARTICLE I SEPARA nON 1.1 It shall be lawful for Husband and Wtfe at all times hereafter to live separate and apart from each other and to reside from time to time at such place or places IlS they shall respectively deem fit free from any control, restraint, or interference, direct or indirect, by each other, Neither part)' shall molest the other or compel or endeavor to compel the other to cohabit or dweU with him or her by any legal or other proceedings, The foregoing provision shall not be taken to be an admission on the part of either Husband or Wife of the lawfulness of the causes leading to them living separate WId apart, ARTICLE II DIVORCE 2,1 Tt.ds Agreement is not predicated on divorce, It is specifically understood, and agreed by and between the parties hereto tbBt Cll('h of the said parties does hereby wairant and represent to the other that the execution and de1ivety of this Agreement is not predicated upon nor made subject to any agreement for institution, prosecution, defense, or for the non-prosecution or non-defense of any action for divorce; provided, however, that nothing contained in this Agreement shall prevent or preclude either of the parties hereto from commencing, instituting or prosecuting any action or actions for divorce, either absolute or otherwise, upon just, legal and proper grounds; not to prevent either party from d.efr,nding any such action which has been, may. or shall be instituted by the other party, or from malcil1g any just or proper defense thereto, It is wlllTlUlted, convenanted, and represented by Husband and Wtfe, each to the other, that this Agreement is lawful and enforceable and this warranty, covenant, and representation is made for the specific purpose of inducing Husband and Wtfe to execute the Agreement. , ' Husband and Wife each knowingly and understandingly hereby wclve any and all possible cJaims that this Agreement is, for any reason, Ulega1, or for any reason whatsoever of public policy, unenforceable in whole or in pllrt, Husband and Wife do each hereby warrant, covenant and agree thut, in any possible event, he and she are and shull forever by estopped from asserting uny illegality or unenforceability lIS 10 nil or any pllrt of lhis Agreement. 2.2 It is further specificu1Jy understood and agreed thut the provision of this Agreement relating to the equitable distribution of property of the pwties are accepted by each party as a final settlement for all purposes whatsoever, Should either of the panies obtain a decree, judgment or order of separation or divorce in any other state, country, or jurisdiction, each of the parties to this Agreement hereby consents and agrees thut this Agreement and all its covenants shall not be affected in any way by any such separation and divorce, 2.3 This Agreement shall survive any decree in divorce and shull be forever binding and conclusive on the parties, It is understood by and between the parties that this Agreement shall be incorporated into any decreC', divorce or separation, but it eha1I not be deemed merged in such dt-.aee. ARTICLE //I 6J2!J.fTABLE DI$TRIBU7JON OF MARITAf.. PRQPERT'( 3,1 The parties have attempted to divide their marital property in a manner which conforms to the criteria set forth in the PennsylvlUlia Divorce Code, and taking into account the foUowing considerations: the length of the nwriage; the prior marriages of the parties; the age, health, station, 3Jl)Ount and sources of income, vocational skills. anployability; estate, liabilities, and needs for each of the parties; the contribution of onc party to the educatiou, training or increased earning power to the other party; the opportunity of each party for future acquisition of' capital assets and income; the sources of income of both parties, including but not limited to medical, retirement, insurance or other benefits; the contribution or disslpatiop of each party in the acquisition, preservation, depreciation, or appreciation of marital property, including the contribution of u party as a homemaker; the value of the property set apl1rt to each party; the standard of living of the parties established during their mnniage; the economic circumstances of each party, including federal, b11l1e and local tax ramifications, at the time of the division of the property is to become effective; and whether the parties will be selVlng as the custodian of any dependent minor children. 3.2 The division of existing marital property is not limited to the parties to constitute in any way a sale or exchange of assets and the division is being effected without the introduction of outside funds or other property not constituting marital property, The division of property under this Agreement shall be in full satisfaction of all rights of equitable distribution of the parties, 3.3 Personal Pr01)ertv~ The parties acknowledge that they have divided their personal property, tangible and intangible, to their mutual satisfaction. Parties further acknowledge that they have tbe cash, accounts, or other tangible or intangible property in their possession that they wish to have and neither will make any claim whatsoever against the other party for any other items of personal property or assets that are in other party's Possession. 3,4 Veb1c1ea, The parties aclcnowledge that they have retained vehicles that were marital property. In particular Wife retained the vehicle that has since been traded for another vr.biclr.: and Husband makes no claim either to the traded vehicle nor to the vehicle Wife presently owns, Husband has retained ownership, title and possession of the parties' 1989 Ford Mustang. Wife waives, relinquishes, and transfers any and all right, title and interest ~e has in that vehicle and will make no claim whatsoever relative to any ownership rights, legIJ or equitable, in that vehicle, Any encumbrances on either of the parties' vehicles that are in their names alone sba1I remain a sole and exclusive debt of that party and neither party shall make MY claim of any nature whatsoever that the other party is liable for any debt or encumbrance due and owing OD their vehicle. 3.5 Life In.vance. Each party agrees that the other party shall have sole ownership of any life insurance policies owned by the other party, Each party shall have the right to borrow against, cash in policies, change beneficiaries, and exercise any other incidents of ownershlp of the respective policies free of any right or claim by the other party, Each party agrees to sign any documents necessary to waive, relinquish or transfer any rights in such policies to the respective party who presently owns such policies, 3.6 Sub.equent1v Acquired Property" Husband and Wue agree to waive and relinquish any and all right that he or she may now have or hereafter acquire in any real or tangible personal property subsequently acquired by the other party, Husband and Wue specifically agree to waive and relinquish any right in such property that may arise as a result of the marriage relationship, 3,7 Real Eat.te, The parties were previously the joint owners of real estate located at 450 Stonehouse Road, Carlisle, Cumberland County, Pennsylvania, which real estate was owned as joint tenants by the entireties, Husband shall execute a special warranty fee simply deed conveying all ofWs right, title, and interest in the aforesaid real estate to Wue, Slid deed shall be held by counse1 for Husband until such time as Wue refinances the mortgage due and owing on the aforementioned premises, At the time of refinancing, Wue shall pay to Husband the sum of l'1.H~ TIlOUSAND AND XX/lOO ($15,000.00) DOLLARS in exchange for transfer of Husband's ownership interest and delivery of the aforementioned deed. p....t!i'1g Wue's refinancing, which shal1 occur within forty-five (45) days of the date of this Agreement, Wue shall indemnifY Husband and hold him harm1ess from and egllinott any and all demands for payment or collection activity of any nature whatsoever relative to the mortgage due and owing to York Fann Credit. Wuc shal1 maintain payments on the aforesaid mortgage in active and current status pending the refinancing. 3.8 Penaion. Retirement, Profit-Shal'in/l. The parties agree to waive any right, title and Interest that they may have in any retirement accounts that. exist through their current or past employment. It is specifically noted that Husband has a retirement account with Duplex Products, Inc" in Mechanlcsburg and Wife waives any right, title and interest that she might have individually or through her marriage to Husband, The parties specifir.aJJy, also, waive any light, title or interest thllt they might have in the other party's Individual Retirement Accounts, ARTICLE IV ~UMONY. AUMONY PENDENTE LffE. SPOUSAL SUPPQBL CHILD SUPPORT AND MAINTENANCE 4.1 The parties are subject to an Order of Court docketed with the CoUrt of Common Pleas of Cumberland COWlty, Domestic Relations Section to DR#20,581 and Case JD# 520??oo33. This case is further docketed as No, 988 S 92, There are certain uninsured medical expenses due and owing from Husband to Wife pursuant to the aforesaid Court Order, In order to pay all arrearages and outstanding uninsured medical expenses to date, at the time of disbursement of the I'll' l1iliN TIlOUSAND (SI5,OOO,oo) DOLLAR lump sum proceeds check as set forth in Paragraph 3.7 above, Husband shaJJ pay to Wife the sum of ONE THOUSAND TWO HUNDRED ($1,200,00) DOlLARS by a separate check. Upon receipt of the ONE mOUSAND lWO HUNDRED ($1,200,00) DOLLAR lump Slim ebeck, Wife shaD immediately notify the Domestic Relations Office of the fact that this sum has been paid direct and the uninsured medical bills due and owing pursunnt to the partits' support order shall be considered paid up-to-date, It is specifically acknowledged that the parties have ongoing Ilnin"lI'ed medical bills that are ':>eing jointly paid pursuant to the Domestic Relations Order. 4,2 The parties herein acknowledge that, except for provision otherwise set forth hn'ein, they have each secured and maintained a substantial and adequate fund and sufficient resources to provide for their comfort, IIUlintenance and support in the station of life in which they arc accustomed, Husband and Wife do hereby wvive, relinquish, transfer and forgive any and 0.11 rights that they may respectfully have ago.lnst the other for o.Iimony, spousal support or spousol maintenance, 4.3 Husband and Wife specifically waive, release and give up any and o.IJ rights for alimony, alimony pendente lite Wld spousol support pursuant to Chapter 37 of the Domestic Relations Code, This provision regllJ'ding alimony, alimony pendente lite, spousol 5l\pport is non-modifiable, ARnCLE V DEBTS OF THE PARnES 5.1 Each party represents to the other that eXl:ept as otherwise specifically set forth in this A8reement, there are no major outstanding obligations of the parties; that since the separation neither party has contracted for any debts for which the other will be responsible and each party indemnifies and holds harmless the other for all obligations separately incurred or lIS5UIlI:d under this Agreement. ARnCLE V7 MISCELLANEOUS PR.~~ 6,1 Advice or CounlleL The provisions of this Agreement and their legal effect have been fu11y ""q)IRined to the parties by their respective counsel, being Bradley L. Griffie, Esquire for Husband and William A. Duncan, Esquire for Wife. The parties acknowledge that they have either received independent legal advice from counsel of their own selection, that they fully understand the facts and have been fully informed as to their legal rights and obligations or otherwise understand those lego.l rights and obligations, They aclcnowledge and accept that this Agreement is, in the circumstances, fair and equitable, that it is bcing entered into freely and voluntanly, after having received such advice and with such knowledge that execution of this Agreement is not the result of any duress or undue influence, and further that it is not the result of the collusion or improper or illegal agreement or agreements. 6.2 CouDsel Fees. Each party agrees 10 be responsible for his or her own lI:glII fees and expenses, and each party hereby agrees to waive any claim for alimony, alimony Pendente lite, counsel fees, expenses or costs, 6.3 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 times to come and for tIJ purposes whatsoever, of and from any and 11I1 right, title and interest, or c1aims in or against the property (lIlcluding income and gain from property hereafter accruing) of the other or against the estate of such other, of whatever nature and wheresoever situate, which he or she now has or at any time hereafter may have against such other, the estate of such other, or any part thereo~ whether arising out of any former acts, contmcts. engagements, or liabilities of such other as 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, 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 swviving spouse to participate in a deceased spouse's estate, whether arising lIDder the laws of (a) Pennsylvania, (b) any state, commonwealth or tenitory of the U~ted States, or (c.) any other coun1ry, or any rights which either party may have or at any time bcreafter have for past, present, or future support or maintClWlCC.. 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 tIilil Agreement or for the breach of any thereof. It is the intention of Husband and Wife to give to each other by execution of this Agreement a ful1, complete, and general release with respect to any and all property of any kind or nature, real or personal, not mixed, which the other now owns or may hereafter acquire, 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. , , 6.4 Wurantlea. Each party represents that they have not hereto fore inculTCd or contracted {or any debt or liability or obligation for whIch the estate of the other party may be responsible or liable, except as may be provided for in this Agreement. Each party agree.~ to ,indenmlfY or hold the other party hannJess from and against any and all such debts, liabilities or obligations of every kind, including those for necessities, except for the obligations arising out of this Agreement, Husband and Wue each warrant , covenant, represent and agree that each wil~ now and at all times hereafter, save harrnless and keep the other indemni1ied from all debts, charges and liabUities incurred by the other after the execution date of this Agreement, except as is otherwise specifica1Jy provided for by the terms of this Agreement and that neither of them hereafter incur any liability whatsoever for which the estate of the other may be liable, 6.5 No waiver or modification of any of the tenns of this Agreement shall be valid unless in writing and signed by both parties and no waiver of any breach hereof or default btnunder sh.oill be deemed a waiver of any subsequent default of the same or similar ~ 6,6 Husband and Wue COVClllll1t and agree that they will forthwith execute any and all written instruments, assignments, releases, satisfactions, deeds, notes or such other writings as may be necessary or desirable for the proper implementation of this Agreement, and lIS their respective coun.'IeI shaIJ mutuaIly agree should be so executed in order to cany fully and effectively the tenns of this Agreement. 6.7 This Agreement sha1l be construed in accordance with the laws of the Commonwealth of Pennsylvonla whlch are in effect as of the date of execution of this Agreement. 6,8 ~s Agreement shall be binding and shall inure to the benefit of the parties hereto IIId their respective heirs, executors, administrators, successors and assigns, 6.9 This Agreement constitutes the entin~ understllnding of the parties and supersedes any and all prior agreements and negotiations between them, There are no representations or warranties other than those expressly set forth herein, 6,10 SeverablJitv. If any term, condition, clause, section, or provision of this Agreement shall be detenninecJ or declared to be void or invalid in law or otherwise, then only that tenn, condition, clause, or provision shaI1 be stricken from this Agreement, and in an other respects, this Agreement sha1I be valid and continue in full force, effect, and operation. Ukewise, the fiIiIure of any party to meet his or her obligation under anyone or more of the articles and sections herein shall in no way void or alter the fl',mAining obligations of the parties, 6,11 It is specifically understood. and agreed that this Agreement constitutes an equitable distnoution of property, both real and personal, which was legally and bene1icial1y acquired by Husband and Wife, or either of them, during t:lJe marriage as contemplated by the Divorce Code of the Commonwealth of Pennsylvania. 6.12 Dlacloaure. The parties each WWTlIIJt IIIJd represent to the other that he or she Iw made a fuU IIIJd complete disclosure to the other of oJI assets of any nature whlItsoever in which party has IIIJ interest, of ule sources, and 1IIJ10unt of the income of such party of every type whatsoever, IIIJd oJl other facts rdatlng to the subJeo::t matter of this Agreement. 6.13 Enforceabillty ~nd Consideration. This Agreement shoJI survive IIIJY acoon for divorce IIIJd decree of divorce 8J1d shall forever be binding IIIJd conclusive on the parties; and any independent action may be brought, either at law or in equity, to enforce the tenns of the Agreement by either HusblllJd or Wife until It shoJl hlIve been fully satisfied and perfonned, The consideration for this contract and Bgreement Is the mutual ilI'..nefits to be obtained by both the parties hereto and the covenants and agreements of each of the parties to the other. The adeqUlh.-Y of the consideration for all agreements herein contain~ in stipulated, confessed, and admitted by the parties, and the parties intend to be legnlly bound hereby, In the event either party breaches the aforesaid Agreement and it is determined through appropriate legal action that the alleged party has so breached the Agreement, the breaching party shall be responsible for IIIJY and all attorney's fees as well as costs and expenses associated with litigation incurred by the non- breaching party to enforce this Agreement against the breaching party. In the event of breach, the non-breaching party shaIJ hlIve 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 including equitable enforcement of the Agreement. IN WITNESS WHEREOF, the parties hereunto set their hands and seals the day and year first mcmtioned above, WITNESSES: \A~~s A8IM~~ Date DENISE L BEECHER <"-I 11-..1(,-'77 ~ c.~~ Date /JOSEPH ALLEN BEECHER JOSEPH A, BEECHER, PlnlnlllT : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYVLAN1A : CIVIL ACTION. LAW : 97.6653 CIVIL TERM VB, DENISE L, BEECHER, Defendant : IN DIVORCE PHAECIl):I!: TO TRANSMIT RECOHQ TO THE PROTHONOTARY: Transmit the record, together with the following infonnalion, to the Court for entry of,a divorce decree: 1. Ground for divorce: irretrievable breakdown under 3301(c) of the Divorce Code, 2, Date and manner of service of the Complaint. Acceptance of Service executed December 2, 1997, by William A. Duncan, Esquire, Attorney for Defendant. 3, (Complete either paragraph (a), (I>) or (c),) (a) Date of execution of the Affidavit of Consent required by ~ 3301(c) of the Divorce Code: by the Plaintiff: 3/5198 by the Defendant: 3/16/98 4, Related claims pending: none 5, Date of execution of the Waiver of Notice of Intention to File Divorce Decree as required by ~ 3301 (c) of tile Divorce Code: by the Plaintifl': 3/5/98; by the Detendant: 3/16/98, .... .... i:r; '" I", -'. I,,, r.'..:J "< II~ ~~~ ), ( " " fl" . ", ......!' ,.. '! "~ 5i1 , I (,,' hV" I I:', If" (J: , ;liJj "i-.l: D. ~qr.:l_ &< " l\, I:n ;;'i V 01 <.) , 7, Plaintiff has been advised of the availability or counseling ond the right to request thot the court require the portles to portlclplIte In counseling, Knowing this, Plaintiff doc! not deslrc that the Court require thc portles to partlclpote In counseling, 8, Plaintiff IIl1d Defendlll1t ore citizens ofthe United States of America, 9, The pOTties' marriage is Irretrievably broken, 10, Plaintiff desires 0 divorce based upon the belief that Defendant will, ninety days from the date of the I1l1ng of this Complaint, consent to this divorce, WHEREFORE, Plaintiff requests your Honorable Court to enter a decree In divorce pursulll1t to 23 P,S, Section 3301(c), COUNT II 11. Poragraphs I through 10 are Incorporated herein by reference as if set forth in their full text. 12, The parties have been living seporate IIl1d oport since 1991. WHEREFORE, Plaintiff requests your Honorable Court to enter a decree in divorce pursulll1t to Section 3301(d) of the Divorce Code, Respectfully submitted, GRIFFIE & ASSOCIATES VERIFICATION I verifY that the stntements made In the foregoing document nre true and correct. I understand that false statements herein arc made subject to the penaltles of 18 Pa,C,S, Sectlon 4904, relatlng to unsworn falsifications to authorltles, DATE: /I-~"),:;, - '7 '7 ().nd:/! {.t Jj"<_rJ.___../ JOSEPH A, BEECHER 'r -' ," l r~ ,.., j' :~ ,.~ 1).)';1 l,~:'l \'. Li.. Ir:: ('f' (')''1 ." " b", w.~l;!. '"', " " >I 'td ; l~ L~.. I' l,- ll. C":') ...' 0 <1' '.I ~- n., I."" " , t, " , " , "'I" ':) (.' 1 ~" . ...J,. ( r' .. .,- , , l', 0.:: (,J (", "; I Ii 1;111, I .. , , ,', ,I . , I' '.(1 II! 1 i, , ,.' ~ '. rr. ,... i'; ,q; .. f!.".!- ~Q 52 ('1.t: lor 'M~ :s; CJ:s: .." q~ ~~: 0:1 ,.~ - ::J 0:: :'~ 0< " ,I" x: ~ 13 ex! CT\ .. ,'t II' ,.. '. ,.