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HomeMy WebLinkAbout97-06728 I' " . ~ . ... .~ ~ ~ .... .~ . .. .w, '\C , , - . " .. .~. , ~ ~ 'i t-.. ......, . f"" c;r. . ~. . ~.~,~*.~.,~,.~..~.:~~.,~..:~':~,.:~,.:~..~"~':~.':~.,:~"'~."~-~:"~'~"~'*'~'~'~ ~I ~I' 10 ."\ ~I ~I ~ IN THE COURT OF COMMON PLEAS OF CUMBERLAr\jD COUNTY DECREE IN DIVORCE AND NOW" ,~\J 1,1'1 decreed that "", ~ ',' STATE OF ~I' ~ ~{ ',' ~ '.' JOliN M. RISING, ~ '.' Plaintiff ~ '.' Vl't','ll,; ,:. ~ LEE ANN RISING, ~~ ',' Defendant ,;, " ~ '.' rt; '.' ~ ',' .1 101 '.' 'I ~.' .. ~ I~I' ;\~~~\' r .....~.~r:.... ' "1 .~~~:;.:.,:;.. Pl::NNA. i\ 'I. 97-6n8 CIVIL 'l'EHM C IV IL ACTION - LAW IN DIVOHCE . . . . , 1998" "II is ordered and JO,II,N M., .1~I,SI,NG, , , , " plaintiff, " defendant, '" ~ ~ ,~ ~ and, , "'"'' ",,' ,,1..~E~1':l1':llmI1':l(; 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; ,~ ~ ~ '.' ~ ~ '.' ,'l'h~,M~~~iag~,Settl~ment,A,~eement,dntedJu~~ 23~, 1998,n~d, ~i~~?d,by. th?, ~~~ti!B,i~,h!~.~y,in~o~p?r~ted,hereinllnd,mnde,n,p~rt,of thi8,Diy~~c? Decree. ,~ ~ M ..' ~ ,;, " ,;, " ~ ~ ~ .- - .. :' ; ."". -::. .. ' ....; .. ..;, ..~.., {jI(. -:+.' ':+.' ';'+.' '~.' '.+i' ..... ..... ..... .jt., '.... '~..' IIv Tho.' ~~o~;d. Atlt,:\t: '4. j ~ Ok "c.",,,t..J ~" t1. ~ ...0M~ ~~".,. U ,I L,.' 11.,/ (~ (./ ~ r..1/-1. ,'<-, /:.eCtr:' )f , 'I'~"""tilry ;~ I~ I ~., 'Irtl ',' ~ '.' ~ '.' ~ ',' ~ .~ ~ " ~ '.' ~ ',' ~ '.' ~ " ~ ~ '.' ~ '.' ~ ',' '.. ~ '.' ~ '.' I~ I~ ~ l~ ",' ~ ~ '.' (~ ~~ \ .... r.. I' 1'<1 ',' (~ , . ~ ~ ~ .I. ~ ~ $ ~ .~.*..~..*..~,,:~,,~..~..~..~.,:~.,~..~..~:..~:,~.~.' "i: ,',' 7/~''1~ tit!' (~ ~"~f" -rj;;;~'1i. X??4".H'<-'~ ? /.> ~f 7b:t't.:u. /Mt~'/ ~ ~--h.~ ? . " . MARRIAGE SETTLEMENT AGREEMENT TillS AGREEI\U:NT mudo.: Ihis __.;;?.J. rc: duy of 'n_".,_L~--,-' I '1'1 X , by and hetwo.:o.:n ,JOliN 1\1. RISING (ho.:rdnulio.:r rdclTo.:d to us "HUSBAND") and LEE ANN RISING. (herdnalio.:l' ro.:ferred tOllS "WIFE"). WITNESSETII: WHEREAS, HUSBAND lInd WIfE were lawfully nllm-icd on October 9, 1993, und separuted in July, 1997: und WHEREAS, diverse. unhappy differences, disputes und diffkultks hllve arisen between the punies und it is the intention of HUSBAND and WIFE to live separalo.: und apart I()r the rest of their natural lives. and the parties hereto arc desirous of settling fully and tinally their respective tinancial and property rights and obligations as between each other. including. without limitation by specitication: the settling of all1l111tters between them relating to the oIVnership and equitable distribution of ro.:aland personal propo.:ny; the settling of all claims and possible claims by one against the other or against their respective o.:states and equitable distrihution of property and alimony for each pany. The panies hereto agree and covenant as follows: I. The panics intend to maintain separate and pertllanent domiciles and to live apart from each other. It is the intent and purpose of this Agreement to set !()rth thc respective rights and duties of the parties while they continue to live apart from ellch other. 2. The purtles huve nllempted to divide their mntrimonlul property In n mnnner whleh confonns to n just nnd right stundnnl, with due regnrdto the rights of euch Pluty. It is the intent of the pnrties thut such division shall be linnl nnd shnll forevcr detcnnine their respective rights. The division of existing mnritul (lmperty is not intended hy the purties to constitute In nny wny u sule or exchnnge of nssets. J. Further, the parties ugree to continue living sepnrutely nne! upurt from the other nt nny place or places that he or she may sclect us they have heretofore been doing. Neither pllrty shall molest, haruss, annoy, Injure, threuten or interfere with the other party in uny malleI' whntsoever. Each pUtty mny cnrry on and enguge In nny employment, profession, business or other uctlvhy as he or she may deem udvisable lor his or her sole use and benefit. Neither puny shall interfere with the uses, ownership. cnjoymcnt or disposition of any property now owned and not spcclfied herein or property hcrcafter ucquircd by the othcr. 4. The considcrutlon for this contract and ugreement is the mutual benefit to be obtaincd by both of the panics hereto and the covenants and agreements of each of the parties to thc othcr. The adequacy of the consideration for all agreements herein contained is stipulated, confessed. and admitted by the panics, and the punics intend to be legally bound hereby. Eaeh purly. to the Agreement acknowledgcs and declares that he or shc, respectively: I (I) is represented by counsel of his or her own choosing (Dnnlel W. DeAnl1ent, Esquire li.!r HUSBAND, und enrol J. Llndsuy, ES(luire Illr WIFE); or If not represented by counsel, understnnds thut he or she hilS the right to counsel; (2) is fully und cOIl1pletely inlllmledof the tllctS reluting to the subject mutter of this Agreementnnd of the rights IIn<l Iinbllltles of the pUliies; (3) enters Into this Agreement volulltnrlly nileI' receiving the advice of counsel, or chooses not to consult an uttol1.1ey: (4) has given cnretlllnnd mature thought to the milking of this Agreement; (5) has carefully rend euch provision of this Agreement; und (6) fully and completely understands eneh provisloll of this Agreement. both us to the subject matter undlegul effect. This Agreement shull become effective Immedilllely as of the date of execution. 5. It is the purpose and intent of this Agreement to settle forever and completely the Interest and obligations of the parties in all property that they own separately, and all property that would qualify as mUl;tal property under the Pennsylvania Divorce Code, Title 23, Section 3301(e). and that is referred to in this Agreement as "Marital Property", as between themselves, their heirs and assigns. The parties have attempted to divide their Marital Property in u manner that contonns to a just and fair standard. with due regard to the rights of euch PUrlY. The division of existing Muritu\ Property is not intended by the purties to constitute in any wuy a sale or exchange of ussets, and the division is being effected ~vithout the introduction of outside funds or other property not constituting a pUrl of the murital estate. It is the further purpuse of this Agreelllenllu settle l(lreVCr und cUlllplctcly IIny ubliglltiun under the Pennsylvllniu Divurce Cude rclutin!.llU spuusul suppurtllr ulillluny. 6. Euch purty represents und WUO'llllts thal he ur she hus IlIl1de u fulllllld tilir diselusure tu lhe othcr of all uf his or her property interest.s of IIny nnture, including uny Illurtgllge, pledge, lien, charge, security interest, eneUl11hl'llllCe, or restriction tll which uny property is subjcct. Elich party further represents thal he or she hus l11ade u filii and filiI' disclosure of all dcbts and obligations of any nuturc t(lr which he or she is eUlTently liable or may become liablc. Elich further rcpresents und WUlTants that he or she has nut l11ade any gi fis or lransfers for inadcLJuate considerution of Maritul Property wilhoutthe prior cunsent of the other. Each Party ucknowledges that, to the extent desired, he or she hilS had IIccess to 1111 joint and st:parute State and Federal Tax Returns tiled by or on behalf uf eithcr or both Partics during marriage. 7. REAL EST ATE: WIFE herehy agrees to transfer all right, title and intercst in the property known and numbered as 135 Kenlin Drive. Carlisle. Cumberland County, Pcnnsylvania (hereinafter known us "Reul Property") to HUSBAND. HUSBAND hcreby agrecs to pay to WIFE the sum of FOllr Thollsand One Hundp~d Filiy and 00/100 ($4,150.00) Dollars. Husband further agrecs to indemnify and huld hannless WIFE from any and alllillbility which may IlriSC out of or occur in relation to the Real Property subscqucntto thc cxecution of this Agreemcnt. H. SUPI'Oll.T / AllMON\': HUSBAND shull puy 10 WIFE child support inthc umount or Five Hundrcdund 00/100 ($500.00) Dollars each month, to bc puid in two (2) puymcnts of Two Hundred Filly und 00/1 on ($25(J.Q0) Dollurs pel' monlh. Thesc payments shall be madc through the Cumberland County Domcstic Relations Oftkc, and shall continue indctinitcly or until the childattllins the age of eightccn (18) ycars. HUSBAND shull muintuin hcalth insul'Unce on thc partics' child, Junellc M. Rising. If this insurancc is provided through HUSBAND'S employcr, thcn said coveragc on the child shall be to the same extcnt as HUSBAND'S coverage providcd by his cmploycr. HUSBAND shall provide said hcalth insurance on the purtics' child until shc rcachcs the age of cightcen (18) ycars or completes a high school dcgrce, whichevcr occurs last. Any unreimburscd mcdical expenscs for the partics' child shall bc shared betwccn the partic:i, whcreby HUSBAND shall bc responsible for Sixty perccnt (om.,) of any such unrcimburscdmcdical cxpcnscs allll WIFE shall be responsible for Forty pcrccnt (40%) of any such unrcimburscd mcdical expenses. Any dayeare expenses incuITcd for the care of thc partics' child shall bc bomc cqually between thc partics. Further, WIFE docs hercby rclcasc, waivc lInd !(lrCVCr discharge HUSBAND from any and all claims shc has now, cver may have or can at any timc havc against the HUSBAND arising out of the Divorce Codc, Act No. 26 of 1980, as amcndcd, including alimony, alimony pendente litc and spousal support, together with any and all claims shc has now, evcr may have or can at any time have against HUSBAND or his estate or any part thereof. whether O1;sing out of formal contracts, engagements or liabilitics of HUSBAND. arising by way of widower's right or under the intestate Law arising by any right to take against the HUSBAND'S will. HUSBAND does hereby releaS(l. waive and forever discharge WIFE from any and all claims he has now, ever may have or can at any time have aguinstthe WIFE arising out of the Divorcc Codc, Act No, 26 .,f 1980, liS ulllcnded, including ulimony, ulill10ny pendcnte Iitc IInd spouslIl support, togethcr with IIny ullllull c1l1ill1H hc hus now, evcry muy huvc or cun lit uny limc huvc llguinst WIFE or hcr estutc or any pllrt thcrcol~ whcthcr urising out of fonnul conlructs, engagemcnts or liabilities of WIFE, arising by way of widowcr's right or under thc intestate Law urising by any right to take agllinstthc WIFE'S will. 9, I'ERSONAL PROI'ERTY: HUSBAND hereby agrees to pay to WIFE the sum of One Thousand One Hundred and 00/100 (SI, 100,00) Dollars reprcscnting WIFE's interest in personul property purchased during the lnUlTiage und retained by HUSBAND, Further, HUSBAND agrees to pay to WIFE the sum of One Thousand and 00/1 00 ($ 1,000.00) Dollars, representing one-half of the anticipated tax refund for the 1997 tax year. WIFE hereby agrees to cndorse und effectuatc the trunsfer of said relund into HUSBAND's name alone to facilitate the aforcmcntioned $1,000,00 puyment to WIFE, The parties agree that all other personal property has been divided between the parties to their mutual satisfaction as of the date of this agreement. The WIFE hereby waives all right and titlc which she may have in any personal property of the HUSBAND. HUSBAND likewise waives any interest which he has in the pcrsonal property of the WIFE. Henceforth, each of the parties shall own, have and enjoy indep~ndently of any claim or right of the other party, all items of personal property of every kind, nature and description and wherever situated, which are then owned or held by or which may hereafter belong to the HUSBAND or WIFE with full power to the HUSBAND or the WIFE to dispose of same as fully and effectually, in all respects and for all purposes as ifhe or she were unmarried. Euch purty ugrccs thut ndthcr willlncul' llbligutillns, Iicns or Iiubilitlcs on uccount of the othei und thut from the dute of this Agreement, neither purty shull contl'llct 01' incur obligutions, liens 01' uny lIubility whutsocver on uccount of thc other, 10, AUTOMOBILES: HUSBAND ugrees to convey uny and ull interest which he may huve in the 1997 Dodge StrulUs eUlTently in the possession of WIFE, und WIFE hereby ugrees to trunsfer to HUSBAND any und all interest which she may huve in the 1990 Jeep Cherokec Laredo und the 1995 Dodge Stmtus cun'cntly in the possession of HUSBAND, HUSBAND agrees to execute any and ull documcntution neccssury to trunsfcr Icgal titlc of thc 1997 Dodgc Stratus to WIFE, WIFE agrees to executc uny und all documentation necessary to transfer legal title of the 1995 Dodge Stratus to HUSBAND. At the time of transfer of said interests, HUSBAND shall be responsible for uny and uli payments und insurance on said vehicles being transferred to him, and HUSBAND shuil continue to be responsible for any and ail payments du~ und owing lor the original purchasc ofthc 1997 Dodge Stratus being transferred to WIFE. WIFE shall be responsible for maintail)ing any and ail insurance on the 1997 Dodge Stratus being transferred to her, and further shall be responsible for nil carc, maintenance und nny and all other expcnses associated with the ownership. use and maintenance of the 1997 Dodge Stratus, 11, MARIT AL DEBTS: It is fmthcr mutually agrecd by and betwecn thc partics that WIFE nhall assumc nil liability ti.lr and pay and indcmnify thc HUSBAND against all dcbts inculTed by WIFE aftcr the dnte of separation. WIFE rcprcsents and warrants to HUSBAND that since the parties' marital separation she has not contracted or incurrcd any dcbt or liability for which HUSBAND or his eHtute might be l'eHponHlble und WIFE further repre~ents und wurrunts to HUSBAND thut she will not eOlHruet or Incur uny debt or Iluhility uncI' the execution of this Agreement, t~lr which HUSBAND or his eslUte might he responsible. WIFE shull Indemnify und SIIVI: HUSBAND hunnless from uny und ull c1uims or demunds nJllde uguinst him by reuson of debts or obllgutlons incurred by her. HUSBAND shall assume ull liability I'll' und puy und indemnify the WIFE ugainst till debts ineuITed by HUSBAND atler the dute of sepul'Utlon. HUSBAND represents und wurrants to WIFE thut since the purtles' marltul sepllrUlion he has not contruetedor incurred any debt or liubility for which WIFE or her estate might be responsible und HUSBAND furthel' represents und wurrunts to WIFE thut be wiil not contrnct or incur any debt or liubility uncI' the execution of this Agreement, for which WIFE or her estute might be responsible. HUSBAND :;hull indemnify und suve WIFE hunnless lrom uny and all c1uims or demunds mude agtlinst her by reason of debts or obligutlons incurred by him. 12. INSURANCE AND EMPLOYEE BENEFITS: The purties ugrce thut uny life insurance policies on the life of HUSBAND or WIFE or uny other employee benefits, including but not limited to Individuul Retirem(:nt Accounts, 40 I K plans. protit sharing. other retirement benetits or medical bene tits of either purty, shall be tbeir own. WIFE waives UII right. title and cluim to HUSBAND's employee benetits, and HUSBAND wuives all right. title. und claim to uny of WIFE'S employee benelits. 13. BENEFITS AND BANK ACCOUNTS: WIFE agrees to wuive all right. title und interest which she muy huve in thc savings or checking or uny other bank uccounts of the HUSBAND, und HUSBAND ugrees 10 wuive ull Interest which he hus In the hunk uecollnls of the WIFE. 14. 1''\ YMENT: I'ursullllllo Parugruphs Seven (7) unu Nine (9) uhove, WIFE shall receive trom HUSBAND the uggregate amount of Six Thousand Two Hundred Fltiy und 00/100 ($6,250,00) Dollars, consisting 01'$4,150.00 relllling to WIFE's interest In the murital residence, $1,100.00 relating to WIFE's interest in personal property retained by HUSBAND, und $1,000,00 reluting to WIFE's interest in anticipated tax refunds tilr the tax year of 1997. Said aggregate amount of $6,250,00 due under this Agreement shall be payahle by HUSBAND 10 WIFE as follows: A. Three Thousand Two Hundred Filly und 00/100 ($3.250,00) Dollurs upon the execution of this Agreement. 8, Six (6) equul monthly puyments of Five Hundred und 00/100 ($500.00) Dollars, said payments beginning thirty (30) days lrmn the date of this Agreement and continuing on a monthly busis until all amounts due hereunder ure puid in full. 15. BREACH: If either party breaches allY provisions of this Agreement, the other party shall have the right, ut his or her election. to sue for damages lor such breach or seck such other remedies or relief as may be availahle to him or her, and the party breaching this contract should be responsible for payment of legal fees and costs incurred by the other in enforcing their rights under this Agreement. 16. ADI)[TIONI~_L INSTIWMENTS: Each of the parties slHlII from tlmc to time, at the request of Ihe other, execute, acknowledge and deliver to the otller party uny aad all tllrther instnllllCnts thut Il1UY he rea~onllbly required 10 give ILJlIl<lrcc and crfect to tbe provisions of tbis Agreement. 17. VOLUNTARY EXECUTION: Tbe provisions of this Agreement und their legul effect huve been fully explained to tbe pm1ics by tbeir respective counsel, and eaeb purty acknowledges tbut the Agreement is fuir und equitable. and that it is being entered into voluntarily, und that it is not the result of any duress or undue intluence. Tbe provisions of tbis Agreement arc fully understood by both parties und each party acknowledges that tbe Agreement is fair and equitable, tbat it is being entered into voluntarily, and that it is not the result of any duress or undue influence. It is the parties' iment that tbis Agreement does not merge with tbe Divorce Decree, but rather shall continue to have independent contractual significance. Each party maintains his or her contractual remedies or any other remedies pl'llvided by law or statute. Those rcmedies shall include, but not be Iimitcd to. damagcs rcsulting from breach of this Agreement. speeific enforeemeat of this Agreement and remedies pertaining to failure to comply with an order of court or agreement pertaining to equitable distlibution, alimony, alimony pendcnte lite, counsel feelS und eosts as set forth in the Pennsylvania Divorcc Code or other similar statutes now in effect and as amcnded or hereatier enacted. \8. ENTIRE AGREEMENT: This Agreement contains the cntire understanding of the parties and there are no representlllions. wurranties. covcnants or undertakings other than those expressly set lorth herein. 19. AI'I'L1CABLE LAW: This Agrccmcnt shull bc construcd undcl' thc l.aws of thc Commonwcalth ofl'cnnsylvanill. 20. I'IUOR AGREEMENTS: It is undcrstood and agrccd that uny and all propcrty settlemcnt ugrccmcnts which muy or havc bccn executcd plioI' to the dutc and time of this Agrccmcnt arc null and void und of no effcct. 21. WAIVER OF CLAIMS AGAINST ESTATES: Exccpt us hcrein othcrwisc providcd. each purty may dispose of his 01' hcr property in uny way, and each party hereby waives und relinquishcs any and ull rights he or she may now havc 01' hercaftcl' acquirc, undcr thc present or future laws of any jurisdiction, to share in thc property 01' thc cst ute of the other as a result of the murital relationship, including without limitation. dowcr. curtesy. statutory allowancc, widow's allowance. right to takc in intestacy. right to take against the Will of the other. and right to uct as udministrotor or exel~utor of the other's estate, and cach will. at the requcst of the othcr, cxecute, acknowledge and deliver any und al: instnnnents which may be necessary or advisable to carry into effect this mutual waiver and relinquishment of ull such interests. rights und claims. 22. DIVORCE: The purties both agree to cooperate with each other in obtaining a tinal divorce of the murriuge. It is agrecd that the partics will execute und tile the consents nectlssary to obtain the divorce. Any party who fails to cooperate with obtaining the Divorce shull pay ull the costs and legal fees of the party wh() is seeking the divorcc. ~ -"I' r ~ .. , lIt' C. I' y, , [ , I'"~ I . ~, " . I' 0 I, . . ~J I . ~ , '~ JOliN M. RISING, 1'llIllIlIff I IN TilE COURT OF COMMON PLEAS OF I CUMBEIU,AND COUNTY, I'ENNSYLV ANIA I v. CIVIL ACTION - LAW 97-li7.1'i? CIVIL TERM LEE ANN RISING, Dcfclldllllt IN DIVORCE COMPLAINT IN DIVORCE PURSUANT TO SECTIONS 330\(e) nlld 330\(d) OF TilE D1VOI~CE CODE COUNT I AND NOW comes the Plaintiff, John M. Rising, by his attorneys, Irwin, McKnight & Hughes, Esquires, and tiles this Complaint in Divorce against the Defendant, Lee Ann Rising, upon the cause of action hcrcinatlcr set forth: 1. The Plaintift~ John M. Rising, is an adult individunl residing at 135 Kenlin Drive, Carlisle, Cumberland County, Pennsylvnnin 17013. 2. The DcfendlUlt, Lee Ann Rising, is an adult individual whose current mailing address is P.O. Box 18, Freeburg, Snydcr County, Pcnnsylvania 17827.