Loading...
HomeMy WebLinkAbout98-00599 \ ,I I., . ... ., .0.1 9011,'1'1 &/ aP~ ~/ 7.fr d1 ~ . - . ~'Oll'ff' ~tfc:R /f(a.-IJ.; ~ 4~0k . , L , .' IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTy, PENNSYLVANIA CIVIL ACTION - LAW ROBERT C. ALTENBURG, I plainti f f, I I VB. I CIV No. 9B - 599 I JERRI L. ALTENBURG, I Defendant. I MARITAL GREEMENT THIS AGREEMENT, made this day of and between: ROBERT C. ALTENBURG, of 119 S. Chestnut St., Mechanicsburg, cumberland County. pennsylvania, Party of the First Part, hereinafter referred to as Husband; and JERRI L. ALTENBURG, of R.D. #1, Box 93, Oil City, Venango County, pennsylvania, Party of the Second Part, hereinafter referred to as Wife. WHEREAS, by reason of disputes and differences, the Husband and Wife have separated and ceased to cohabit as Husband and Wife; and WHEREAS, an action in divorce instituted by the Husband is noW pending in the Court of Common pleas of Cumberland County, pennsylvania, in proceedings as above captioned, wherein the makes application for an absolute Decree in Divorce; and WHEREAS, the parties wish to settle and adjust their various property rights and other rights and obligations relative to said marriage. NOW, THEREFORE, it is hereby agreed as follows: , 1. Peaceful Secaration The Husband and Wife shall live separate and apart from each other. In addition, neither of the parties shall molest, interfere, annoy, aggravate, disturb or trouble the other party under any conditions or circumstances whatsoever, regardless of where the other party may live or reside or in whose company the other party may be. 2. Eauitable Distribution of Marital Propertv. (al The Husband and Wife each represent to the other, by the execution of this Agreement, that each has: (1) Detailed, complete, and personal know-ledge of the character, extent and value of the estate, real and personal, of the other, and of the present income of the other; and the Husband and Wife have each signed, sealed, executed, acknowledged and delivered this Agreement of his or her own volition with full knowledge of the legal effect hereof; and (21 Exchanged with the other inventories of all property owned or possessed by each of them at the time of the commencement of the divorce action identified in the premises hereof or otherwise disclosed to each other the information required by the Divorce Code with respect to said property. 2 <~ (b) The parties hereto have heretofore, or will, as provided herein, equitably divide, distribute or assign the aforesaid marital property between themselves in manner following: (l) PerBona1 Propertvl All of the personal effects, household furniture, and other furnishings hereinbefore owned or possessed by either or both of the parties have been equitably divided or assigned between the parties by amicable settlement without assistance of counsel. Each party shall keep and retain sole ownership, control, and enjoyment of all assets retained by him or her, titled in his or her name, or in his or her possession and control as of the date of execution this Agreement (provided that the existence and value of such property was disclosed to the other party prior to the date of execution of this Agreement I including all appreciation on those assets and all increments in value in those assets, and all assets acquired in exchange for those assets, free and clear of any claim, right, or interest by the other party (including, without limitation, any claim or right to dower, curtsey, equitable distribution or other allocation or division of such property upon divorce under the laws of the Commonwealth of Pennsylvania or any other jurisdictionl and each party shall have the 3 exclusive right to dispose of such assets without inter- ference or restraint by the other (except as otherwise provided for in this Agreement I as if the marriage had not taken place or he or she had remained unmarried. Except as otherwise provided in this Agreement, the party having ownership or possession of an asset pursuant to the terms of this Agreement shall keep the other party indemnified against and held harmless from any liability or expense, inClUding reasonable counsel fees, which has Occurred in connection with such asset. (21 Vehicles: Wife is awarded the 1991 Mercury Sable motor vehicle, which is currently titled in the name of Husband. Husband agrees to transfer to Wife all of his right, title, and interest in the 1991 Mercury Sable motor vehicle. Husband agrees to execute all documents necessary in order to effect the transfer of this vehicle into Wife's name alone, and further agrees to assume all necessary costs and expenses for the purpose of effec- tuating transfer of title as set forth above. Husband further agrees to transfer physical title to said motor vehicle to the Wife prior to the execution of all docu- ments necessary and required to effectuate and secure the final Decree in Divorce in the instant proceeding. 4 I' i ~i , " 3. ASBumction of Marital Debts 'I, There presently are a number of outstanding debts arising or incurred during the parties' marriage. Wife shall assume, pay, and keep Husband exonerated and indemnified against and held harmless from any and all liabilities and/or expenses including reasonable counsel fees, for the following marital debts: , " f (a) Holy Spirit Hospital (medical bills); (b) Pinnacle Health Hospital (medical billsl; (c) Harrisburg Hospital (medical bills); (d) Keith Fischer (dentist bill); (e) Tri-Star Associate Radiologists; and (fl All other marital debts which are currently l:; ~ :) ii , , ! I I I! I addressed and directed to the Wife as of the date of execution of this Agreement. Husband shall assume, pay, and keep wife exonerated and indemnified against and held harmless from any and all liabilities and/or expenses including reasonable counsel fees, for the following marital debts: (a) 1991 Mercury Sable motor vehicle; (b) Capital One credit card; (cl 1997 outstanding IRS taxes; (d) Personal loan from Husband's mother for furniture, ':\ household items, and personal taxes; 6 :'~ (e) Personal loan from Husband's father for automobile repairs; and (f) All other marital debts which are currently addressed and directed to the Husband as of the date of execution of this Agreement. 4 . ALIMONY Commencing on the date on which a final Decree in Divorce is entered in the instant divorce proceeding and for a period of thirty (301 months thereafter, Husband shall pay the Wife as alimony for her support and maintenance the sum of TWO HUNDRED and nO/lOa ($200.00) per month. Such payments shall continue to be made through the wage attachment currently in place by and through the Domestic Relations Section of the Venango County Court of Common Pleas at Docket Number DR 507-1997. 5. Counsel Fees and Costs Husband and Wife waive, each to the other, any claim to counsel fees or costs incurred in the course of litigating the instant divorce proceeding. 6. Enforcement In the event either party defaults in the performance of this Agreement, written notice thereof shall be given to the defaulting party by certified mail, postage prepaid and addressed to the defaulting party at his or her last known address. If the default is not cured within thirty (30) days after said notice is posted in 7 ...,... the United States mail, the defaulting party shall be responsible for the payment of all legal fees, expenses and costs incurred by the other party in enforcing performance of this Agreement. Exercise of said right shall not constitute a waiver of any other right or remedy available to the party upon default or breach of this Agreement by the other party. 7. Mutual Waivers A. All non-marital property of the parties has been set apart to its rightful owner, and the parties hereby have equitably divided, distributed or assigned their marital property. Therefore, the Husband and Wife, respectively, have each waived, released and surrendered, and hereby do waive, release and surrender, all rights and claims of every nature and description which each of them may now, or might at any time hereafter, have by reason of the present marital relation between them against any property, whether real, personal or mixed and wheresoever situate, which the other of them may now own or may at any time hereafter hold or acquire, by devise, bequest, inheritance, purchase, gift or otherwise howsoever, including any right or claim to inherit from the estate of the other of them by virtue of any right of dower, curtesy or any right in lieu thereof, or anywise howsoever, it being the intention of the parties hereto that each of them shall, after the execution and delivery of this Agreement, acquire, 8 ! i ~\ I possess, control and/or dispose of the separate property and estate of such party in all respects as though the said marriage relation " had never existed between the parties; provided, however, that the ,i ,'-; I foregoing shall not affect the continuing validity of the covenants and agreements of the parties hereto as set forth in the Agreement. B. Subject to the provisions of this Agreement, each party does hereby waive, remise, release, quitclaim and renounce to the other all right, title, interest, claim and demand of every kind, character and description, including allowances or the right to administer, which said party may, might, could or shall have or acquire by reason of their marriage, in and to all the estate and property, real, personal and mixed, of the other, including property now owned or hereafter acquired and interest and rights that are vested, contingent, enjoyed in possession, reversion or remainder and as beneficiary under any trust now or hereafter settled or created. Notwithstanding the foregoing, any cause of action for divorce is excepted. , , . c. Subject to the provisions of this Agreement, each party to this Agreement irrevocably waives the right to, and covenants with the other that said party shall not elect to take against any Last Will and Testament of the other, or codicil thereto, now existing or hereafter published and declared. ~ " { 9 . , '. 8. Decree of Court. Although the parties contemplate and anticipate the termination of their marriage, it is expressly understood and agreed by the parties hereto that his Agreement is not executed in consideration of divorce. It is further understood that this Agreement may be submitted to the Court for approval in any divorce action pending or hereafter instituted by either of the parties against the other for the purpose of obtaining approval of the Agreement by the Court and that either party may request the Court to enter a Decree adjudicating this Agreement to be approved and legal, confirming same and ordering that it be complied with or embodying its provisions in said Decree. Nevertheless, this Agreement shall not be merged in any decree that may be entered but shall continue in full force and effect. This paragraph shall not be construed to limit or restrict the right of either party to institute and prosecute proceedings and obtain a divorce from the other upon such grounds as either may have or to contest such proceedings. 9. Counterpart of Oriqinals. This Agreement shall be executed in a number of counterparts, and each such executed counterpart shall be deemed an original and shall constitute one and the same Agreement. 10 10. Article HeadinQB. The headings, captions, or titles of the various paragraphs of this Agreement are for convenience and reference only and do not form a part of this Agreement nor in an way modify, limit, interpret, or construe the intent of the parties or otherwise affect any provisions of this Agreement. 11. Miscellaneous. A. This Agreement constitutes the entire agreement of the parties hereto. There are no understandings, agreements, inducements or undertakings other than as set forth herein. No modification or amendment of this Agreement shall be effective unless it is in writing and signed by all the parties hereto. B. This Agreement and all of the terms, conditions, stipulations, declarations, and representations herein shall extend to and bind each of the parties hereto and their heirs, represen- tatives, executors, administrators and assigns. C. 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 of similar nature. D. If any provision of this Agreem~nt is held to be void or unenforceable, all of the other provisions hereof shall nevertheless continue in full force and effect. 11 E. This Agreement and all modifications thereof, if any, shall be construed under and in accordance with the laws of the Commonwealth of Pennsylvania. F. This Agreement is the product of extended negotiation between the parties. The fact that the final instrument embodying the parties' agreements has been drafted by counsel for any particular party shall not under any circumstances be considered in the interpretation of construction of the terms and provisions hereof and shall in no event result in any interpretation or construction of any term or provision of this Agreement against or to the disadvantage of the party of whose behalf the final instrument was drafted. IN WITNESS WHEREOF, the parties hereto set their hands and seals the day and year first above written, intending to be legally bound. "TNE:" ~ ~;"~ 12 COMMONWEALTH OF PENNSYLVANIA COUNTY o~tk~ : as. On this, the y--ffi.aay of "'F1~~~-:-- 1999, before me, a Notary Public, the undersigned officer, personally appeared ROBERT C. ALTENBURG known to me or satisfactorily proven to be the person whose name is subscribed to the within instrument, and acknowledged that he executed the same for the purposes therein contained. IN WITNESS WHEREOF, I have he seal. nd notarial COMMONWEALTH OF PENNSYLVANIA " - Commission Ex I"."'.. ....," " !' . I ~ , I,' , ":. . " ~, r.... ....... , . . ",", ";,._'--/ ..'.,1".. . . ....... ",,, .. ,c,: ,\ I '... .... ,: .. .~. . ,_. . .. " ... ......._,.... .....) ss. COUNTY OF VENANGO On this, the day of' ,_' ._1999, before me, a Notary Public, the undersigned officer, personally appeared JERRI L. ALTENBURG 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 seal. have hereunto set my hand and notarial q{~Uu{^- ~tJ~ My Commission Expires: [ NOTARIAL SEAL KAtHRYN L. KAUfMAN, Nol3lY Public Oil Cily, Venanio ",uniy. PA My Comml"lon E,plres AUI 9. 2001 " ROBERT C. ALTENBURG, PlaintilT IN TI-IE COURT or COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Vs. NO. 1998-599 JERRI L. ALTENBURG, Defendant IN DIVORCE PRAECIPE TO TRANSMIT RECORD TO THE PROTHONOTARY: Transmit the Record, together with the following information, to the Court for entry of a divorce decree: 1. Ground for divorce: Irretrievably broken under Section (XX) 3301 (c) or ( ) 3301 (d) of the Divorce Code. (Check applicable section) 2. Date and manner of service of the Complaint: Certified Mail on February I I, 1998. 3. [Complete either Paragraph (a) or (b).] (a) Date of execution of Affidavit of Consent required by Section 3301(c) of the Divorce Code by Plaintiff August 27,1999; by Defendant August 27, 1999. (b) Date of execution of Plaintiffs affidavit required by Section 3301 (d) of the Divorce Code: N/A date of service of Plaintiffs affidavit upon Defendant: N/A. 4. Date of service of Notice ofIntent to Finalize under Section 330I(d) of the Divorce Code: NtA. Date of filing of Waiver of Notice of Intent to Finalize by Plaintiff: Simultaneously herewith; by Defendant Simultaneously herewith. . .... " " ;:.. UJ ~~ ~ ,-.. IJ':, wP .. --= (_J-~ - ::) <r" ("-( ():.-': '>Of!" -'-- ()."::, c; _: 0...; . - "':t: 2;' .~::;: ,. "'-.i:-l ~~'- M :,:,6.i .:);;;- a:!~ ; c.~ (c-- r.!;: ::5 Lum u.. 0:: ~u a.. 0 en ::5 en CJ c, ,- r , ,,' ',I' ," ':'~"'l",'''/''''.''''''.'\~'~'': '~"'\i, >",~ ~~l' (~".~"~' ~~~I.,",,"'~'~' " ,.~,,~~' "'j ..,.~ .~.' . , ',:' . " '~:,:'],:,\;'~<h~;L~/i/;~~t;;~Y:~;j~:;;;;~;;~~il$:~k~~;~lJ~~1!il~qI~~~~~~I~<<{~~J11~{~~~}~~ilMii~~~,;g:;.;S,:;~j;:~;~':;:;~,:'>,:~ ",', ,: ..".:..l.:...~~t " . ' ---.. ROBERT CHARLES ALTENBURG, Plaintiff vs. IN THE COURT or COMMON PLEAS CUMBERLAND COUNTY . PENNSYLVANIA 1J-- f'iC; No. Civil renn JERRI LYNNE ALTENBURG. Defendant CIVIL ACTION. LAW IN DIVORCE N.QTI<;E TO D~FE;ND AND q.AIM RIGHTS 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 be entered against you for any other claim or 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 the divorce is indignities or irretrievable breakdown of the marriage, you may request marriage counseling. IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY, LAWYER'S FEES OR EXPENSES BEFORE A DIVORCE OR ANNULMENT IS GRANTED, YOU MAY LOSE THE RIGI-IT 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 PA 17013 (7171 249 3166 4. PlaintitTand Defendant have resided in the Commonwealth of Pennsylvania for a period of at least six (6) months prior to this filing. 5. Defendant is not a member of the Anned Services of the United States or its allies. 6. PlaintitTand Defendant are both citizens of the United States. 7. There has been no prior action for divorce or annulment in any jurisdiction. 8. PlaintitT has been advised of the availability of marriage counseling, and has waived said right. 9. PlaintitThereby avers that there are two children born of the marriage; namely: Alissa, 7 years and Alexander, 6 years. -2- .~ . . , " . , .11 1"\ 1 ,I VERU'JCATION I ,) I verify that tbe statements made in this Complaint in Divorce , are true aod correct. I understand that false statements herein are made subject to the penalties of 18 Pa. e.s. Section 4904 n:lating to unsworn falsification .- , to authorities. ~q;)C# ~ RORERT ~HARLF.S ALTF.NRijR~ Date: 1(22 In ,\ , I j , " .....;:.\ .' ,";" I I I . [, [~ k t.:.; r: :::.: ..:,', ,'," 'I' "~ " fj: LrJ ~ is In .. :5.,.. w~ - ~~C.) ,- 9z IJ_~. ii: .~.)~.., e51;.: .:.] =:J - ,- :--5= 2.1"; C'; '3'4 LU:.'.. .. ..~. -J ,c..!l '''jZ u:q! uUJ ;:: :=J [(.I t"l.. "'" :':: ,,- C!'I ::J 0 e, U \\ . . '. , .' . , .' . ROBERT C. ALTENBURG, PlaintilT IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA ,I vs. No. 98-599 CIVIL ACTION - LAW IN DIVORCE JERrn L. ALTENBURG, Defendant WAIVER OF NOTICf: OF INTEI'l!TION TO REQUEST ENTRY OF A DIVORCE DECijEE UNDER SECTIQN 330 1 (C!.) OF TflE DlV08CE CODE I. I consent to the entry of a fmal Decree in Divorce without notice. 2. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses ifI 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 Court and that a copy of the Decree will be sent to me immediately after it is filed with the Prothonotary. I verifY that the statements made in this Waiver are true and correct. I understand that false statements herein arc made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. Date: 1k(G-..".2~Jf'fY , ;zGl (~~ ROBERT C. ALTENBURG, PLAINTIFF >- In ~ 0- ~ u; .. !:US - :5:E; ~~) ,').- .,... O=<- 0: 'O' j 1. r.' ~ ....) >-: ~~~~ ~... t=-l ;f:.f.ii UJ(.1 M ,"'" ~I.U Ul :!i(iQ :c :::;, 1-- ..:r [!Jel- l", en ,'" 0 ::J C1' (~ ... ,. .. .'....-.... '>- In E i:t; Lr:, -:.. ~- 1-- .. ~:J <t" 0 - ~~7 ~'- ~- :"C: o~ - ...") Et:r C1_ .::-ti:j nt'" ~:::rn 61:." C""J ,,~):;~ LuL.~ 'fiZ eEl!.! c..~ [,.lI.U ~ :::> fQa. ,-, ... ~ 1.1~ 0'> :::J <.:) en (.) " . . - . . IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW ROBERT C. ALTENBURG PlalntitT vs. JERRI L. ALTENBURG Defendant Civ. No. 98-599 WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER &330Hc) OF THE DIVORCE CODE 1. I consent to the entry of a final decree of divorce without notice. 2. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if I 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 Court and that a copy of the decree will be sent to me immediately after it is filed with the Prothonotary, I certifY that the statements made in this affidavit are true and correct. I understand that false statements herein are made subject to the penalties of18 Pa.C.SA ~4904 relating to unsworn falsification to authorities. Date: Ydl-fY >- In ~ a; .~~ U? ,- .. ll.!~;: - :5:;1; ~~2~4'.; 82; I.t:::: .... a.. -'" C)~'. ':J:> C.)!j- >S:! U.ll., C"', 5(1) -, . :.i-: G:q! C!:! U':2 ;::: :;:, i.lJI jj c::: ~~ 1.1.. ,n S 0 '" 0 f '. . (i ~.'