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HomeMy WebLinkAbout98-00508 . . .' ~ /tfI. /3, ~ av~c~ ~IIC;..k ~ d~ p1~ /0./3 IN' 'J1lirtdl! /11~ ~ 4 6}~ . . PROPERTY SETTLEMENT AGREEMENT THIS AGREEMENT, made this /7~ day of dt-<v:;.,.- , 1999, by and between GREGORY M. FEATHER, hereinafter cnlled "Husband", and JENNIFER E. FEATHER, hereinafter called "Wife". WITNESSETH: WHEREAS, Husband and Wife were legally married on April 20, 1996; WHEREAS, differences have arisen between Husband and Wife in consequence of which they desire to live separate and apart from each other; and WHEREAS, Husband and Wife desire to settle and determine their rights and obligations. NOW THEREFORE, in consideration of the premises and covenants contained herein, it is agreed by and between the parties hereto that: 1. SEPARATION. It shall be lawful for each party at all times hereafter to live separate and apart from each other at such place as he or she from time to time shnll choose or deem fit. The foregoing provision shall not be taken as an admission on the part of either party of the lawfulness or unlawfulness of the causes leading to their living apart. 2. INTERFERENCES. Each party shall be free from interference, authority and control by the other, as fully as ifhe or she were single and unmarried, except as may be necessary to carry out the provisions of this Agreement. Neither party shall molest or attempt to endeavor to molest the other, or in any way harass or malign the other, nor in any other way interfere with the peaceful existence, separate and apart from the other. 3. DIVISION OF PERSONAL PROPERTY. The parties have divided between them to their mutua1 satisfaction, personal effects, household goods and furnishings and nil other articles of personal property which have heretofore been used in common by them, and neither party will make any claim to any such items which are now in the possession or under the control of the other. Should it become necessary, each party agrees to sign any title or documents necessary to give effect to this paragraph, upon request. 11. TAX ON PROPERTY DIVISION. Husband hereby agrees to pay all income (a,xes assessed against him, if any, as a result of the division of the property of the parties hereunder. Wife hereby agrees to pay all income taxes assessed against her, if any, as a result of the division of the property of the parties hereunder. 4. HOME DEPOT STOCK. The parties presently own and possess fifteen (15) shares of common stock in Home Depot Corporation. The parties agree to divide this stock as follows: Seven (7) shares to Husband and eight (8) shares to Wife. Should it become necessary at any time for either party to execute any documents to give effect to this paragraph, it shall be done immediately upon request of the other party. 2 5. RETIREMENT BENEFITS. The parties hereby waive, relinquish and release any and nil claims and rights either may have or ever had, presently has, or any in the future acquire, in and to any and nIl retirement benefits titled in either party's individual name, whenever acquired, including, without limitation, any and all pension, profit sharing plans, Keoughs, 40 I (k)s, lRAs or any other pension type asset. 6. CQlm~n FEES. ~~ or: fitll.1",e HMssanri !I~gf: tg par ta 'Vife FeimlnlfSeR'le8t fer her €8ttftJel feeJ:u ttG a:t'fl6t:!Ut efiRQQ.09 ON ~-/7. " h, ,old ~ __d" Co< IIMh.... 'M h,1d ~ ~...". """" do. ,_" ..f, D.._ ~ Bi .o~. ~ I;; 7. BREACH. ~< 'J:R::. If either party breaches any provision of this Agreement, the other party shall have the right, at his or her election, to sue for damages for sllch breach. The party breaching this contract shall be responsible for the payment of legal fees and costs incurred by the other in enforcing his or her rights under this Agreement, or seeking such other remedy or relief as may be available to him or her. 8. FULL DISCLOSURE. Husband and Wife each represent and warrant to the other that he or she has made a full and complete disclosure to the other of all assets of any nature whatsoever in which such party has an interest of every type whatsoever. It is further warranted and represented that each of the parties have made a full and fair disclosure to the other of all relevant facts relating to the subject matter of this Agreement. 3 9. ADDITIONAL INSTRUMENT. Each of the parties shnll on demand execute and deliver to the other any deeds, bills of sale, assignment, consents to change of beneficiary on insurance policies, tax returns and other documents and do or caused to be done any other act or thing that may be necessary or desirable to the provisions and purposes of this Agreement. If either party fails on demand to comply with this provision, that party shall pay to the other nil attorneys' fees, costs and other expenses reasonable incurred as a result of such failure. 10. WIFE'S DEBTS. Wife represents and warrants to Husband that since the parties' separation she has not and in the future she will not contract or incur any debt or liability for which Husband or his estate might be responsible and shall indemnify and save Husband harmless from any and all claims or demands made against him by reason of debts or obligations incurred by her. 11. l , HUSBAND'S DEBTS. Husband represents and warrants to Wife that since the parties' separation he has not and in the future he will not contract or incur any debt or liability for which Wife or her estate might be . responsible and shall indemnify and save Wife harmless from any and all claims or demands made against her by reason of debts or obligations incurred by him. 4 \ 12. WAIVERS OF CLAIMS AGAINST ESTATES. Except as herein otherwise 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 now have or hereafter 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 maritnI 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, to 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 relinquishment of all such interests, rights and claims. 13. REPRESENTATION. It is recognized by the parties hereto that Gregory M. Feather is represented by Michael A. Koranda, Esquire, and Jennifer E. Feather is represented by John J. Connelly, Jr., Esquire. It is fully understood and agreed that by the signing of this Agreement, each party understands the legal impact of this Agreement and further acknowledges that the Agreement is fair and reasonable and each party intends to be legally bound by the terms hereof. 5 14. VOLUNTARY EXECUTION. The provisions of this Agreement are fully understood by both parties and each party acknowledges that this Agreement is fair and equitable, that it is being entered into voluntarily and that it is not the result of any duress or undue influence. IS. ENTIRE AGREEMENT. This Agreement contains the entire understanding of the parties and there are no representations, warranties, covenants or undertakings other than those expressly set forth herein. 16. PRIOR AGREEMENT. It is understood and agreed that any and all property settlement agreements which mayor have been executed prior to the date and time of this Agreement are null and void and of no effect. 17. MODIFICATION AND WAIVER. Any modification or waiver of any provision of this Agreement shall be effective only if made in writing and executed with the same formality as this Agreement. The failure of either party to insist upon strict performance of any of the provisions of this Agreement shall not be construed as a waiver of any subsequent default of the same or similar nature. 18. GOVERNING LAW. This Agreement shall be govemed by and shnIl be construed in accordance with the laws of the Commonwenlth of Pennsylvania. 6 .< r 19. INDEPENDENT SEPARATE COVENANTS. It is specifically understood and agreed by and between the parties hereto that each paragraph hereof shnll be deemed to be a separate and independent covenant and agreement. 20. VOID CLAUSES. If any term, condition, clause, or provision of this Agreement shnIl be determined or declared to be void or invalid in law or otherwise, then only that term, condition, clause or provision shall be stricken from this Agreement and in all other respects this Agreement shall be vnIid and continue in full force, effect and operation. 21. ENTRY AS PART OF DECREE. It is the intention of the parties that this Agreement shall survive any action for divorce I , I which may be instituted or prosecuted by either party and no order, judgement or decree of divorce, temporary, final or permanent, shall affect or modify the financial terms of this Agreement. This , ; , Agreement shall be made a part of, but shall not merge with, any such judgment or decree of finnl divorce. 22. DIVORCE ACTION. The parties shall, at the time of the execution of the Agreement, execute documents necessary to finalize the divorce action indexed to number 98-508 Civil, in the Court of Common Pleas, Cumberland County, Pennsylvania including, but not limited to, the withdrawal of any claims 7 5. Date and manner of service of thc notice of intcntion to file Pmecipe to Transmit Record, a copy of which is attached, if the decrce is to bc cntcred under Section 3301(d) of the Divorce Code: 6. Date and manner of service ofNoticc oflntention to file Praecipe to Transmit Record, a copy of which is attached, if the decree is to be entered under Section 3301(c) of the Divorce Code: or, date of execution of Waiver of Notice of Intention to Request Entry of a Divorce Decree under Section 3301(c) of the Divorce Code: by Plaintiff: August 17, 1999; by Defendant: August 23,1999. and, date of filing of the Waiver of Notice of Intention to Request Entry of a Divorce Decree: Both Waivers are being filed simultaneously with this Praecipe. Date: (~- -3D - qq ELLY >- In r:: ~ .- -, ~2 ~ :5.t: 0':, p: [~~ '- Cl:? -- 2jr~-= (l.. I~l:.:j 2;0 ". ''J r: 5. ..'. ';'i~" LUG~ N _J b",r:; 0:'11 c_ o..<=., ~: I,J iI.'I.U en U~n.. b ',. m ::; en (J ." c."; ?: " (.' r~ " ,- ., 1-:" U __..1 n: I \ I. c; ( :,- ',.' ",:::' C> \ 0 \C) ~ . V) ") <::) ~ c- ~ - ~ ~ Cl ~ ~ -=13 I c:J- t- ~ ~ \,)<:l -() - "* 0- 't u ~ ~ \,) U l.- i; , ..':, . u =-: III .. o.S, ~ ~ ;:::. 8 < " s...... Q z rIl < ;:;:~ z 9 ~ ~. 00 _ .~ :; 5 ~ ::I"i' u ~ ~ ~ ~oo Ii: ~ 1( ..,.::1 ... ~ ~ ...... .... 0 iO ..,.~ _r--.. ~ ~ '" o~ .w - "' ~r:5 ..,. < z -- "" 0.. ~ w i:.~ 9~ :: .~ = (I) I- 0 '" ~ Z .. w . .. I- - ~ ~ ~ ~ .." '." . GREGORY M. FEATHER, Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 98 - 508 \1 t. \. " ,< I ,. I~ I' 'Ef, v. JENNIFER E. FEATHER, Defendant : CIVIL ACTION . LAW : IN DIVORCE n c. .~ "'t1t-.o (:,.![":: ~ -.' . o -n -;i ,': 1:rJ elF;; "}CJ .....,([ .,Jd .:':; :~j ;.:'C) L5'fl ::1 ii -.;; .' '0 'D t,., ,.., '0 r" ": ~~.J : ~::. '. . "0 :~: AFFIDAVIT OF SERVICE COMMONWEALTH OF PENNSYL VANIA : ss. COUNTY OF DAUPHIN AND NOW, this -.l2iJL day of ~ mJ,~ )r.) . 1999, personally appeared before me, a Notary Public in and for the State and County aforementioned, John J. Connelly, Jr., Esquire, who, being duly sworn according to law, deposes and says that a copy of the Complaint in Divorce was served on the Defendant, Jennifer E. Feather, on January 31,1998 by certified mail numberZ 256121 199, addressee only, return receipt requested, as evidenced by the return receipt card attached hereto and made a part hereof. ) II Date: q- /17 - 19 Sworn to and subscribed before me this / IUd day of ... ~ lrlTi'Tt.!.HJ.... 1999. ., ~ d.. t . , I}.J.. U vL ~otary Public NOTARIAL SEA!. JEAN L KOSIER, Not. .'',,;I)!:C City '"~ Harn:::.ulJ. 03~ G"ll,mlV My Ctlm~I,:: .;n t:.cpir' .1.29. 1999 'f i .CanpkII.";" tlndJot Z tor 8dcIIonII........ -= oCompllte IIoIlw 3. ... o"cUI>. I .P1tnI yew NmI ... ~ on'" f'IWfM ofthlllonn 10 thIt.. can l"Itum tNt _to_ o_l!lII_ to lho _ oflho.......-. <<on lho _ N "'""" _ not . O=-R_RoWpt~"'","moIPocO_lho_IlloWN>ot. ti -The RIhm Recelpt"lhoW 10 whom 1hI1IIk:t.... ~ Ind the dIIe 8- 13. Anldo Addrouod to: M-:.. .).c.\'\ni~V'" \:::, F~lL-\-Y,C.V'" S1J1.0 ViV"f1If',\ t.\.. ~UlI.U.- \-\-uriS b~Lr9 t ~ II t 0 '\ I 0100 wish to rKOlvo tho faIIawlng ..rvfcoo (lor on oxtra 100): 1. CJ Add_'oAddra.. 2.)(ROItrlctod Dollvery Consult paI1m8S18r lor I..., 4a. AnIdo Numbor ~"2.S{p l:l-l I 4b. Sorvlce TYJlI C Roglstorod C Exprou Moll C lnourod RotumRocolptIorMoll:M.... C COD 7. Dateal DoIlvoty 1-'3/- 8. _'0 Addrou (0rlIy" roquated IItId 1M,. pM!) J f )(' Cer1lftod ! ~ 1 I J , " , .5. Roco~ (Ptfnt~h c: 10 ~ e.~,\i ,eo!'..(,r I 8. 51. : (A ~Qe//IJ n , - X'-. ~ .!l P5 Fann 3811, o-nbor 1994 , 1Q2595.97-8-017'Q I, J '1 '1 , \ l ( ....,.. ," ,", :.., >- 0; .;s lUr.~: 0.,. R"C} r:: i~. ;)c~ t:l: L!JO -J 11. !.; j,:: ,. <5 Lr,. N :c "- ~ :::::>,'1; O".~ ':..J .s. .~ C);:) .:;.~iii ).--. (r~ ~~hD ,,'In.. ~~ ::::> () ,-. I 0... Lu v.; m Q') \: i.r ,="I '>- Lr. 1::- ,~ ,,- 1-' c-~ ?g~ U.t ~~-:;~ rr= ~:~! ?j~ to_ .. -~: ".:'~...J (5 t~:v:. r-. :'~~~ ..J~ I: :,'; td"- I (c",::;.;' -.' 0.. LLIla [C, I.t.J n.1n.. VI .'.,- ....': u_ "n .:> 0 u' 0 .",', GREGORY M. FEATHER, PlaintIff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : NO.98-508 v. JENNIFER E. FEATHER, Defendant : CIVIL ACTION - LAW : IN DIVORCE DEFENDANT'S AFFIDAVIT OF CONSENT AND WAIVER OF COUNSELING 1. A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed on January 28,1998, and served on January 31,1998. 2. The marriage of the Plaintiff and Defendant is irretrievably broken, and ninety days have elapsed from the date of both the filing and service of the Complaint. 3. I consent to the entry ofa final decree of divorce after service of Notice oflntention to request entry of the Decree. l , 4. 1 have been advised of the availability of marriage counseling, and understand t11at I may request that the Court require that my spouse and I participate in eowlseling. I further understand that the Court maintains a list of marriage counselors in the Prothonotary's Office, which list is available to me upon request. Being so advised, I do not request that the Court require that my spouse and 1 >. [r I.r: S; .'-' l:':' lJ ,r~ N ,jf~ ,""):< ,:':;"t .~ t.," " ' L..... r":r-:' :;~?~ T~ ("" 'CJ:': r- :''',,1 1..1" I . "I>" --, ,...-.. 11., -, n.. ~.:jl1i l.t.) j.. u; ~nb.- ,. ,.. -: c~ ...., ::J C., (.J GREGORY M. FEATHE1~, Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 98 . 508 v. JENNIFER E. FEATHER, Dcfcndant : CIVIL ACTION. LAW : IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REOUEST ENTRY OF A DIVORCE DECREE UNDER' 3301(c) OF THE DIVORCE CODE I. I consent to the entry ofa final Decrcc of Divorce without notice. 2. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if! do not claim them before a divorce is granted. 3. I understand that I will not be divorced until a Divorce Decree is entered by the '\ , I Court and that a copy of the Decree will be sent to me immcdiately after it is filed with the Prothonotary. f , I verify that the statements made in this Affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S.A. Section 4904, relating to unsworn falsification to authorities. Date: <g - tJ, 3 --el9 r t- ~ !-i.;, ...... ',- "...} (:.: "O~ if. /: -;... (~ '~~0 \;-~.~ ll.' .. ...~ .J ....(~ ',.:~ ;: ..- -. \7- . c....o .'-~ ":-, ........ Cl ':'cn ., , '1--:;' C \ ;:- ~.-, :j'; c.. ~~jm \.1._1 n)O-- ;,.'- . Ul ::': \ "J ~'~:l CJ"l () en '\ GREGORY M. FEATHER, Plaintiff, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA V5. No. 98.508 JENNIFER E. FEATHER, Defendant. Civil Action - In Divorce SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Pennsylvania State Employees Credit Union 1 Credit Union Place Harrisburg, PA 17110-2980 Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: anv and all account statements in the name of Gregory M. Feather, Social Security No. 172-62-2283. from May 1996 up 10 and including January 1998 at the offices of TOMASKO & KORANDA, P .C., 219 State Street, Harrisburg, Pennsylvania, 17101. You may deliver or maiIlegible copies of the documents or produce things requested by this subpoena, together with the certificate of compliance. to the party making this request at the address listed above. You have the right to seek in advance the reasonable cost of preparing the copies or producing the things sought. If you faiIto produce the documents or things required by this subpoena within twenty (20) days after its service, the party serving this subpoena may seek a court order compelling you to comply with it. This subpoena was issued at the request of the following person: Michael A. Koranda, Esquire Pa. 1.0. No. 58808 TOMASKO & KORANDA. P.C. 219 Stale Street Harrisburg, PA 17101 Telephone: (717) 238-1100 Anorney for the Plaintiff BY THE COURT: By Prothonotary Date: SenI of the Court GREGORY M. FEATHER, Plaintiff, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA vs. No. 98-508 JENNIFER E. FEATHER, Defendant. Civil Action - In Divorce NOTICE TO: PENNSYLVANIA STATE EMPLOYEES CREDIT UNION You are required to complete the following Certificate of Compliance when producing documents or things pursuant to the Subpoena. CERTIFICATE OF COMPLIANCE WITH SUBPOENA OR THINGS PURSUANT TO RULE 4009.23 I, PENNSYLVANIA STATE EMPLOYEES CREDIT UNION certify to the best of my knowledge, information and belief that all documents or things required to be produced pursuant to the subpoena issued on (date of subpoena) have peen produced. (Signature of Person Served with Subpoena or authorized to Produce Documents in response to Subpoena) Date: ,. r' ..,... ~ - \;i: ,.,' :.it :::> ..~ uj(-l ~~~i (......... ." '.~ { " ~,.;... f\-~ ().. t)~~ "j \' ,.... ;',~ ; () e,1: C'oJ .-1;:;: \1.',: 1..../ rr-~ l.t. ,.- .::-,CJ .. ~l', .,...t. ; ~~ c:- " ..... ~'.:' D-. C;" ::;. () C:' U ~"'" GREGORV M. FEATHER, Plaintiff v. : IN THE COURT OF COMMON PLEAS. : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 98-508 . " JENNIFER E. FEATHER, Defendant : CIVIL ACTION - LAW : IN DIVORCE Gregory M. Feather Social Security No. 172-62-2283 Jennifer M. Feather Social Secuirty No. 197-54-4966 >- If) "- ~ [7'; .c_ 1-. M ::J<c.r IJJf:.1 Cl::::.-{. O~. :r- e.';"-;-> F-o .~ ..1..'1" n.. . .J. f' ~ :.:lr..:.J 'TJr'; '" 3.~ f/l ce. N ~1::!: lI,t_'. 1"'-2 :-1, !.J n... :.T.hlJ u.. ::, lIJ rJJn.. t-:': VI ~; "- m :5 0 0' U GREGORY M. FEATHER, Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 98-508 v. JENNIFER E. FEATHER, Defendant : CIVIL ACTION - LAW : IN DIVORCE AFFIDAVIT OF SERVICE COMMONWEALTH OF PENNSYLVANIA : ss. COUNTY OF DAUPHIN AND NOW, this -.l.JlJL day of J fl; f}1J,~ Jt.J , 1999, personally appeared before me, a Notary Public in and for the State and County aforementioned, John J. Connelly, Jr., Esquire, who, being duly sworn according to law, deposes and says that a copy of the Complaint in Divorce was served on the Defendant, Jennifer E. Feather, on January 31, 1998 by certified mail number Z 256121 199, addressee only, return receipt requested, as evidenced by the return receipt card attached hereto and made a part hereof. Date: q-//7 -19 Sworn to and subscribed before me this /'7 kJI day of JtpmtJlf.1.1999. /, NOTARIAL SE/.l JSAN L. KOBlER, No'. . ':.l):ic City 1,)1 H.,nd.'J,'U. Oat l:'1lJnty MV Cl)m"~i".':,~n (.I(~jr_ .. _' t. 29~1.E99 {I . \ '/ " " ~I !I I also WIsh to receive tho folloWIng ..Nlco. (for an .xtra fll): 1. CI Add'....... Addri.. 2)i(R..trlctod O.lIvory J I j i J! ! r M'::>, J( nni {~I'" I::. r('-ld.\->c..1'" ~V1..0 ViV'!jI(\i lA... ~~'V(.nL.LL. \'\-MrisbLll'~1 f-A. nIO'\ }g Cartlftod llml~g7.B.glN ., " >- -. ~ a; ~: .. 5~ u~f] -:'1 <. 0.. :1:: C;~ I+~r ,,- Cl~ ~F:~ :'.1 ~!;2 :-lj .. Wt5" ''',' Efirti Iit. C'_. . :.:; lJ.~ UJO- <.0, ,,, ,.. -~ u. Co') :::l U l,"" U