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HomeMy WebLinkAbout98-00436 c:J.jfl.1f ad'- tw ~''-I-~-4. 4 ~c.L .;< -If. ff 7l~L /I(;!J.tfk -d- 4 a<4 ....' fuu\ cL b. 9JLp\J-Q-rmo.n I Il'l-L-I '~- 'd'OCla ;i! ':(1 r , \' , , D. " I . ..Al"i..'....~ ,". , " !" Qhrlsl:::\.flL t\. p.Lpp.efmaVJ \ "cl D -- r-",::)';.) - 9. q (n 1 , I j ____~_.......-~_~~_--'....~.,........~_._......<>"'~......... ,.,n.._.., .. ~.. . -,','" .. .~:, ~ i " ,. , '. " ,~.r.', ~ " ~. ,. . 41; ~.' ; . 'ir,. .... . ,t 1,. . . . .'.... ."" "'0 ' .. .' . '.. ;0. '.j:& 'f' ',' ./1, fl':, ' t" "': .';... . t ,~, ., . " . . ,. ,.. ./: ' , . .114" . .... , . ". ~ , . ~' , ,~,>' " II '(-', 4. \, I, WHEREAS, the parties acknowledge that each has had the full opportunity to be advised independently and represented by separate counsel concerning their respective rights, duties and obligations arising out of their marital status; and WHEREAS, the parties having a full opportunity to be so advised of their respective rights, duties and obligations arising out of their marital status, and each having a full opportunity to investigate and evaluate assets, liabilities and all other aspects of each other's property and their jointly owned assets and liabilities, have corne to an agreement for the final settlement of their property and affairs, NOW THEREFORE, in consideration of these presents and the mutual covenants, promises, terms and conditions hereinafter set forth and to be kept and performed by each party hereto, and intending to be legally bound hereby, the parties mutually agree as follows: 1, INCORPORATION OF PREAMBLE. The foregoing preamble and paragraphs are incorporated by reference herein in their entirety. 2. DECLARATION AS TO ASSETS AND WAIVER OF EVALUATION. The LAW OfFICES SNELDAKER. BRENNEMAN 6: SPARE parties declare and agree that they have, prior to the execution of this Post-Nuptial Agreement, voluntarily agreed to divide and have physically divided and distributed between themselves all -2- I ~~ ".l i I . LAW OFFices SNELDAKER. BRENNEMAN &: SPARE assets which they acquired during their marriage, whether or not said property is or would be deemed to be marital property under Pennsylvania Divorce Code and subject to equitable distribution. The parties further declare and agree that prior to the execution hereof, they have voluntarily distributed between themselves all assets and property which each brought with them into their marriage. The parties declare and acknowledge that they are fully aware and familiar with all assets and property that each have brought into the marriage and that have been obtained or acquired separately or jointly by them during the course of their marriage and therefore waive any evaluation thereof. Each party expressly releases the other of and from any and all right of equitable distribution or claims to assets and property of any kind or nature whatever possessed by the other party. 3. DIVISION OF LIABILITIES. The parties declare and agree that they have divided and allocated between themselves all debts and liabilities, whether or not incurred by them during the course of their marriage. The marital debt was discharged as a result of the bankruptcy petition filed in the U, S, Bankruptcy Court for the Middle District of Pennsylvania docketed to Case No. 98-2336. 4, MOTOR VEHICLES. Husband shall retain the 1989 Jeep Cherokee and the debt related thereto, if any, wife shall -3- LAw OFFICe!) SNELBAKER. BRENNEMAN 8: SPARE 8. RELEASE OF SUPPORT AND RIGHTS UNDER DIVORCE CODE, Each party waives and forever releases the other party of and from any and all claims which either may have against the other for spousal support and for all claims which either may have against the other by reason of and pursuant to the Pennsylvania Divorce Code (and the divorce law of any other jurisdiction) including, but not limited to, alimony, alimony pendente lite, equitable distribution of marital property, counsel fees, costs and expenses, except that the performance of any obligation created hereunder may be enforced by any remedies under the Pennsylvania Divorce Code. 9. DIVORCE. The parties agree to terminate their marriage by mutual consent without counselling and each agrees to execute the necessary affidavits and consents to procure a consensual divorce under the provisions of the Pennsylvania Divorce Code, such documents to be filed in the Divorce Action. 10, GENERAL RELEASE. Husband relinquishes his inchoate intestate right in the estate of Wife, and Wife relinquishes her inchoate intestate right in the estate of Husband, and each of the parties hereto by these presents, for himself or herself, his or her heirs, executors, administrators or assigns, does hereby remise, release, quit-claim and forever disCharge the other party hereto, his or her heirs, executors, administrators or assigns, or any of them, of any and all claims, demands, -5- I f' i I r, I"... I. _ damages, actions, causes of action or suits at law or in equity of whatsoever kind or nature, for or because of any matter or thing done, omitted or suffered to be done by such other party prior to the date hereof, except that this release shall in no way exonerate or discharge either party from the obligations and promises made or imposed by reason of this Agreement. 11, SURVIVAL OF AGREEMENT. It is the intention of the parties that this Post-Nuptial Agreement shall survive any action in divorce which may be instituted or prosecuted by either party, and no order, judgment or decree of divorce, temporary, interlocutory, final or permanent, shall affect or modify the terms of this Agreement, but said Agreement may be enforced by any remedy at law or in equity, including enforcement proceedings under the Pennsylvania Divorce Code. The parties agree to incorporate this Agreement into a separate order of court to be entered in the Divorce Action, but this Agreement shall not be merged into said order or decree in divorce. 12, COOPERATION. The parties agree to cooperate with each other and to make, execute, acknowledge and deliver such instruments and take such further action as may hereafter be LAW OFFICES SNELDAKER. BRENNEMAN 8: SPARE determined to be requisite and necessary to effect the purposes and intention of this Post-Nuptial Agreement, -6- LAW OFFiCeS SNELDAKER, BRENNEMAN 8: SPARE 13. VOLUNTARY EXECUTION. The parties declare and acknowledge that they have had the opportunity to have the provisions of this Post-Nuptial Agreement and their legal effect fully explained to them by independent counsel of their choosing and each party acknowledges that this Post-Nuptial Agreement is fair and equitable, that it is being entered into voluntarily, with full knowledge of the assets of both parties, and that it is not the result of any duress or undue influence, The parties acknowledge that they have been furnished with all information relating to the financial affairs of the other to the extent same has been requested by each of them, 14, ENTIRE AGREEMENT. This Post-Nuptial Agreement contains the entire understanding of the parties and there are no representations, warranties, covenants or undertakings other than those expressly set forth herein, The parties acknowledge and agree that the provisions of this Agreement with respect to the distribution and division of marital and separate property are fair, equitable and satisfactory to them based on the length of their marriage and other relevant factors which have been taken into consideration by the parties. Both parties hereby accept the provisions of this Agreement with respect to the division of property in lieu of and in full and final settlement and satisfaction of all claims and demands that they may now have or hereafter have against the other for equitable -7- IN WITNESS WHEREOF, the parties have hereunto set their respective hands and seals the day and year first above written intending to legally bind themselves and their respective heirs, personal representatives and assigns, ., WITNESSED BY: ?J2?Q ( 'f /7 /() Iv LA- I ,,1 stJ.ne A. Pe (;I tN:7ft'tsEAL) erman -' 1Jd0/~/' David B, Pepperman (SEAL) LAW OFFices SNELDAKER. BRENNEMAN Be SPARE -9- ACKNOWLEDGEMENT STATE OF PENNSYLVANIA) COUNTY OF SS. CUMBERLAND) On this, the ~ day of ~~ 199~, before me, a Notary Public in and for the Commonwealth and County aforesaid, the undersigned officer, personally appeared CHRISTINE A, PEPPERMAN, known to me (or satisfactorily proven) to be the person whose name is subscribed to the within instrument, and acknowledged that she executed the same for the purposes therein contained. IN WITNESS WHEREOF, I have hereunto set my hand and official seal. . . !1),,~ ~~y ublic -- NolluiaJ Seal ........~M Whilll. No/aty Public ..........1lICSburo Bom, ClImberfand County My CommraaKm Expims Sept 17 200j AIaociSilOO 01 Hocariii m, i i j~ ,\ , is: LO .. Lr. (:: ~ .<. uJO i:~~~:5 C');;.~ ..- ., p,:U "...,. ..1.::1: 0.., .~.. :'~) .:j ~b .., ,- , n- cr. :1" I 1 ~;:~ ~ cn rr:::.-: -::'ll' , \ I ~ tJ IT:T L!J :::J :.L. r.~ Ll_ i t.I. 0' ~:) 0 en U j ( { LAW OFFICE:S SNCLDAKEn. 8nEN~ICMAN 8: SPARE CHRISTINE A. PEPPERMAN, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 98- 43ft; CIVIL TERM CIVIL ACTION - LAW vs, DAVID B. PEPPERMAN, Defendant IN DIVORCE NOT ICE You have been sued in Court. If you wish to defend against the claims set forth in the following pages, you must take prompt action, You are warned that if you fail to do so, the case may proceed without you and a decree of divorce or annulment may be entered against you by the Court, A judgment may also be entered against you for any other claim for relief requested in these papers by the Plaintiff, You may lose money or property or other rights important to you, including custody or visitation of your children, When the ground for divorce is indignities or irretrievable breakdown of the marriage, you may request that the court require you and your spouse to attend marriage counseling prior to a divorce decree being handed down by the court, A list of marriage counselors is available in the Office of the Prothonotary at the Cumberland County Court House, Carlisle, You are advised that this list is kept as a convenience to you and you are not bound to choose a counselor from the list, All necessary arrangements and the cost of counseling sessions are to be borne by you and your spouse. IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY, LAWYER'S FEES OR EXPENSES BEFORE A DECREE OF DIVORCE OR ANNULMENT IS GRANTED, YOU MAY LOSE THE RIGHT TO CLAIM ANY OF THEM. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 2 Liberty Avenue Carlisle, Pennsylvania 17013 (717) 249-3166 SNELBAKER, BRENNEMAN & SPARE, P,C. By: Attorney ff LAW OFFiCeS SNELDAKEn. BRENNEMAN 6: SPARE CHRISTINE A, PEPPERMAN, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO, 98-436 CIVIL TERM CIVIL ACTION - LAW vs. DAVID B. PEPPERMAN, Defendant IN DIVORCE AFFIDAVIT OF SERVICE COMMONWEALTH OF PENNSYLVANIA) SS. COUNTY OF CUMBERLAND) Philip H. Spare, Esquire, being duly sworn according to law deposes and says: that he is a principal in the law firm of snelbaker, Brenneman & Spare, p, C" being the attorneys for Christine A, Pepperman, Plaintiff in the above captioned action in divorce; that on January 28, 1998, he did send to Defendant David B. Pepperman by certified mail, return receipt requested, restricted delivery, a duly certified copy of the Complaint in Divorce which was filed in the above captioned action as evidenced by the attached cover letter of the same date and Receipt for Certified Mail No, P 206 994 329; that said Complaint and cover letter were duly received by David B, Pepperman, Defendant herein, as evidenced by the return receipt card for said certified mail; that a copy of the aforementioned cover letter dated January 28, 1998, is attached hereto and incorporated by reference herein as "Exhibit A" and that the original Receipt for Certified Mail and the Domestic Return Receipt are attached hereto and incorporated by reference SNELBAKER, BRENNEMAN 8 SPARE ^ r~O'U~ION^l COJlro,,^nOH ^lTORNEYS ^T ,-^W 44 wur MAIN $TREET MECHANICSBURG, PENNSYLVANIA 17055 RICHARD C, ~NELBAKER KEITH 0, BRENNEMAN PHILIP H ~PARE P, 0, BOX 318 FACSIMILE ll1n 607,7681 111'601'8~~8 January 28, 1998 David B. Pepperman 1680 High street Camp Hill, PA 17011 Re: Divorce Action Dear Mr. Pepperman: Enclosed for service upon you is a certified, true and correct copy of a Complaint in Divorce, the original of which was filed on January 26, 1998, In the event you are represented by an attorney, kindly have him or her contact me, Very truly yours, Philip H, Spare PHS/sz Enclosure CC: Christine A, Pepperman (w/enclosure) Via certified mail, restricted delivery, return receipt requested, Parcel No. 206 994 329 I \ '':! J I' n, 1\ " II I. , ;'~ EXlI IIH'j' :... C'" -,- .... \:0 ~'t u' \,- - uJ9. .. .' (.)(-':' 'c. It?. ':... r ,.. r) ;.:, en 6" ...r;,: I ,--' u.,.... :;:!L' C'" u.- -~ l." r.-: l.", I' e' ,J 0 L' \..'.t >- ...:.:. fS ~ L/":' , ,- .. :-, .' - UJQ - :)".:: c..~(~> '.~J ::;: p..", ~,- ~ :-:..:~ .I-r -. nt~. 2",; 0' ;,') I , - ~,.,. i:C;? [CU! [r:; !'-.IIU -1' l..J C~! n.. r.o 1.0_ I.t_ m -, 0 en G ~ ~. i;;: -, Lf', ,,= .. ~)..';: uJO - (.,:~~: ~. : , ; : . p,:~' u_ .~ :.~'I i:'; ~~. ; 6c en r. u..,0. I 1'" ...,' -Jl" C' ":"::';"\ [1-';" I:,: " ~ ~ L r-' -' u.. lI- e" ",'-', 0 t';') c> , i I ,-I .~~ ' CHRISTINE A. PEPPERMAN, Plaintiff vs, ) ) ) ) ) ) ) ) ) IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 98-436 CIVIL TERM DA VID B, PEPPERMAN, Defendant IN DIVORCE AFFIDAVIT OF CONSENT I. A Complaint in Divorce under Section 330 I (c) of the Divorce Code was filed on 26TII of January 1998 and was served upon the Defendant on or about 2. The marriage of Plaintiff and Defendant is IITctrievably broken and ninety (90) days have elapsed from the date of filing of the complaint and the datc of service of the complaint on the Defendant. 3, I consent to the entry of a final decree in divorce either after service of a Notice of Intention to Request Entry of the Decree or upon filing of my Waiver of the Notice of Intention to Request Entry of the Decree. 4, I have been advised of the availability of marriage counscling and understand that the Court maintains a list of marriage counselor~ and that I may request the COUlt to require my spouse and I to participate in counseling and, being so advised, do not request that the COUlt require that my spouse and I participate in counseling prior to the divorce becoming final. I verify that the statements made in this Affidavit are truc and correct and I understand that false statements herein are made subject to the penalties of 18 Pa, C.S. Section 4904 relating to unswol11 falsification to authorities. //26/19 DATE ;la!~1;j~. DAVID B, PEPPERMAN