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HomeMy WebLinkAbout98-00774 ~ \J ~ [ '1 > ~ \I ~ ~ /' r ~ ~ I _I '. i .,:) i ~. i ~I t'-..I l:'-' ., ~ C:r- . ~ .. - . . f. .~' MARRIAGE SETTLEMENT AGREEMENT THIS AGREEMENT made this /-,,,// day of ./f'-1b/...f'/ , 1998, by and between George R. Myers, (hereinafter referred to as "Husband,") and Jane F. Myers, (hereinafter referred to as "Wife"). WITNESSETH: WHEREAS, the Husband and Wife were lawfully married on October 28, 1988; and WHEREAS, differences have arisen between Husband and Wife in consequence of which they intend to live apart from each other; and WHEREAS, there were no children born of this marriage; and WHEREAS, Husband and Wife desire to settle and determine their rights and obligations; and NOW, THEREFORE, the parties intending to be legally bound hereby do covenant and agree as follows; 1 . DEFINITIONS (a) Date of Execution of this Agreement. The phrase "date of execution" or "execution date" of this Agreement shall be defined as the date of execution by the parties if they each have executed the Agreement on the same date. Otherwise, the "date of execution" or "execution date" of this Agreement shall be defined as the date of execution by the party last executing this Agreement. (b) Distribution Date. The phrase "distribution date" shall be defined as fourteen days following the entry of a final decree in divorce and the filing of Waivers of Appeals by each party. If the fifteenth day falls on a weekend or holiday, the distribution date shall be the next business date. 2. ADVICE OF COUNSEL Both the Husband and Wife acknowledge by their signature that they have had the opportunity to review this agreement with their legal counsel prior ~o signature of this agreement and by their signature indicate their satisfaction with the terms of this agreement. . 3 . SEPARATION It shall be lawful for each party at all times hereafter to live separate and apart from the other party at such place or places as he or she may from time to time choose or deem fit. The foregoing provisions shall not be taken as an admission on the part of either party as to the lawfulness or unlawfulness of the causes leading to their living apart. 4 . INTERFERENCE Each party shall be free from interference, authority, and contact by the other as fully as if he or she were single and unmarried except as maybe necessary to carry out the provisions of the agreement. Neither party shall molest the other or attempt to endeavor to molest the other, nor compel the other to cohabit with the other, or in any way harass or malign the other, nor in any way interfere with the peaceful existence, separate and apart from the other. 5. DIVISION OF PERSONAL PROPERTY (a) The parties have agreed to divide between them and already have divided between them to their mutual satisfaction the joint bank accountsr stock portfolios, life insurance policies, personal affects, household furniture and furnishings and all other articles of personal property which heretofore have been used by them in common. Neither party will make any claim to any items which are now in the possession or under the control of the other_ (b) Husband agrees to pay to Wife the sum of (Twenty-Six Thousand-Dollars) $ 26,000.00 upon sale of the marital home as full and fair equitable distribution of the parties marital property, such payments are to be tax free to Wife. (c) Husband and Wife were owners of two dogs, a Poodle named Jack, apricot in color, and a Bichon named Bo, white in color. The Poodle "Jack" shall be the property of Husband, and the Bichon named "Bo" shall be the property of Wife. 6. SPOUSAL SUPPORT/ALIMONY PENDENTE LITE Each party agrees to relinquish any right to Support/and Alimony Pendente Lite, except as outlined in 7(a). 2 . 7 . ALIMONY (a) In recognition of the criteria set forth in Section 3701 of the Divorce Code, 23 Pa.C.S.A. 5 3701, commencing on the execution date of this Agreement), Husband shall pay to Wife as alimony the sum of Four-Hundred-Dollars ($400.00) per month, payable on the 15th day of each month for a period of forty (40) consecutive months. The first payment shall be due on the 15th day of the month following the execution day of this agreement, 1998. Any payments made prior to divorce shall be deemed alimony pendente lite and shall be deducted from the total number of payments. (b) Notwithstanding the provisions of the above paragraph, the alimony payments provided for in this paragraph shall terminate upon the first to occur of: (i) Wife's remarriage; (H) Wife's cohabitation pursuant to 23 Pa.C.S.A. 53706; (Hi) Wife's death; or (iv) Husband's death. (c) Wife and Husband represent and acknowledge that they each have sufficient property for her or his reasonable needs and are able to support herself or himself through appropriate employment. Except as provided in this agreement, Husband and Wife hereby waive any right to additional alimony thereunder. (d) Wife does hereby acknowledge that the current rate of inflation may change, that Husband's income and assets may substantially increase in value, that she is not presently fully employed, that her health may deteriorate and she may not be employed at various times in the future, that Husband may receive substantial inheritance in the future, and that notwithstanding these or other economic circumstances which may be a change in circumstances of a substantial and continuing nature, the payments for her support and maintenance provided for in this Paragraph are fair, just and reasonable, and will provide her with sufficient financial resources to maintain and support herself in accordance with the standard of living to which she is accustomed. Notwithstanding anything to the contrary in the Divorce Code, Wife does expressly waiver discharge and release any and all rights and claims which she may have now or hereafter by reason of the parties' marriage to alimony, alimony pendente lite, support and/or maintenance or any other benefits resulting from the parties status as husband and wife, and further waives, discharges and releases any right which she may hereafter have to seek modification of the terms of this Agreement in court of law or equity, it being understood that the foregoing constitutes a final determination for all time of Husband's obligation to Wife's support and maintenance. 3 ~. (e) Husband does hereby acknowledge that the current rate of inflation may change, that his earning power may decrease, or his health may deteriorate, that Wife's income and assets may substantially increase in value, that she may be employed at various times in the future, and that notwithstanding these or other economic circumstances which may be a change in circumstances of a substantial and continuing nature, the payments for Wife's support and maintenance which are required under this paragraph are fair, just and reasonable. Therefore, except as set forth in this Agreement, Husband does hereby expressly waive, discharge and release any and all rights and claims which he may have now or hereafter by reason of the parties' marriage, to alimony, alimony pendente liter support and/or maintenance or any other benefits resulting from the parties status as wife and husband, and further waives, discharges and releases any and all rights which he may now or hereafter have to seek modification of the terms of this Paragraph in a court of law or equity, it being understood that the foregoing constitutes a final determination for all time of Husband's obliga tion to contribute to Wife's support and maintenance. (f) Notwithstanding anything contained in this Agreement to the contrary, if a final decree of divorce has not been awarded to either Wife or Husband within three months of the date of execution of this Agreement due to the action or inaction of Wife, Wife hereby forfeits those payments which she is to receive under this Paragraph and Husband's obligation to make such payments shall cease. (g) Notwithstanding anything contained in this Agreement to the contrary, if a final decree of divorce has not been awarded to either Wife or Husband wi thin three months of the date of execution of this Agreement due to the action or inaction of Husband, Husband hereby forfeits those payments which he has paid under this Paragraph and Husband's obligation to make such payment shall cease. 8. AUTOMOBILES (a) The parties were the owners of two automobiles, a 1995 Jeep titled to Wife, a 1997 Jeep titled jOintly to Husband and Wife. Wife has and will keep possession of the 1995 Jeep. Wife shall be solely and exclusively responsible for any and all encumbrance of any nature and hold Husband harmless and save him from and against any and all collection activity on account of such encumbrance. 4 Husband shall have sole and exclusive possession of the 1997 Jeep. Wife hereby waives, relinquishes and transfers any and all right, title and interest she has or may have to the aforesaid vehicle. When any encumbrance on the Husband's vehicle is satisfied, the parties shall take necessary steps to transfer the title of the vehicle to Husband. (b) Both parties agree to assume all responsibility and hold each other harmless for any and all liability, costs and expenses associated with their ownership. The costs of any title transfers or fees shall be born by the Husband. 9. DIVISION OF REAL PROPERTY (a) Husband and Wife hold property as buyers on a sales agreement from Hellen Gambill to the premises identified as 851 Kiehl Drive, Lemoyne, Pennsylvania (the "Marital Premises"). The parties agree as follows with respect to the Marital Premises: ~ (b) The parties have recently entered into a agreement to sell the marital home to Ed and Cathy Powers. The parties agree that Husband shall be entitled to all the net proceeds of the marital residence less the amount stated in paragraph 5(b), Division of Personal Property, which shall be paid to Wife. (c) All costs incurred upon sale of the martial home, including by not limited to, payment of any liens, mortgagesr broker's commissions, title searches, attorneys's fees, tax payment and contractual adjustments shall be borne by Husband. (d) Wife agrees that she will execute an appropriate special warranty deed, or contract to convey her interest, free and clear of liens, and encumbrances in the property to the buyers in 9 (b). 10. PENSION AND RETIREMENT ACCOUNTS Husband and Wife shall maintain their separate pension and/or retirement accounts. Wife relinquishes any and all rights title and interest she may have in all other existing and future retirement assets or benefits of Husbands pension, retirement, 40lK or other account. Husband relinquishes any and all rights title and interest he may have in all existing or future retirement assets or benefits of Wife's pension or retirement, 40lK or other account. 5 . , ........ IN WITNESS WHEREOF, the parties set their hands and seals the day and the year first written above. P' .c<' .aL./( . ~ ~ness . /l c:::: ~c- ,2 .~ 7tness 9 - . j , ( \ I I I . i { )' \, i~ /1 , I I I ;; " .i , i: ,". r ~! ! \ i '~ '. I GEORGE R. MYERS, i" l~ . I: V! ~I , I , PLAINTIFF IN THE COURT OF COMMON PLEASE OF CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 98 - 774 CIVIL TERM JANE F. MYERS, IN DIVORCE DEFENDANT PRAECIPE TO TRANSMIT RECORD , [.. I, To the Prothonotary: Transmit the record, together with the following information, to the court for entry of a divorce decree: 1. Ground for divorce: irretrievable breakdown under ~ 3301(c) (1) of the Divorce Code. 2. Date and manner of service of the complaint: February 11, 1998, Certified U.S. Mail, Restricted Delivery, Affidavit of Service attached. 3. Date of execution of the affidavit of consent required by ~ 3301(c) of the Divorce Code: by plaintiff on May 14, 1998; by defendant on May 13, 1998. , i 4. Related claims pending: Economic claims have been settled by Agreement dated March 2, 1998. 5. Date plaintiff's Waiver of Notice in ~ 3301(c) Divorce was filed with the prothonotary: May 29, 1998. Date defendant's Waiver of Notice in ~ 3301(c) Divorce was filed with the prothonotary: May 29, 1998. ~~ Michael S. Travis Attorney for Plaintiff "- .. I" k : '. (") l.o 0 F~ C:.:I " I 'TJ I: , r~= ':';'1 [l.r .' 00- i:D . ;: ! ,- ':I ~ .':. I " , ')':' ; '"1":1 ,'::+/ " " ," 'J;:~ ~) [,In " 2} ~,:l ~J " (j', -, .':( I'.'.. .. I , , .' 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MAIr<',STREE:1',',.'s IREMANSTO "'Vll,,-\ #\I":i':']PI~~".~ ~<':i,~""T,'li,(,t"""".,."".".'h""'~"<'''''':'I'':f~'W_l':.i;~"t!l;", ""'''.\1.\~''' n " ' , iit',,.., ',;tH ,-(~"" ''''ll70731l''lf.\ClV' '~, '':;;Jz.ffir ~1I'I'i,[t;1 ,..;t- .' ~ if.. i :1;1!i~~E~~t;~?:t~'~i~4~trr,\.::i>,I;;'1l-;-~r~,!.~f!W$<, ~~:f::t'lt:(~i"1 . GEORGE R. MYERS, PLAINTIFF IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 98 - '1 '1 '-I- CIVIL TERM v. JANE F. MYERS, IN DIVORCE DEFENDANT NOTICE OF AVAILABILITY OF COUNSELING TO THE WITHIN-NAMED DEFENDANT: You have been named as the Defendant in a Complaint in divorce proceeding filed in the Court of Common Pleas of Cumberland County. This notice is to advise you that in accordance with Section 3302(d) of the Divorce Code, you may request that the court require you and your spouse to attend marriage counseling prior to a divorce being handed down by the court. A list of professional marriage counselors is available at the Domestic Relations Office, 13 North Hanover Street, Carlisle, Pennsylvania. You are advised that this list is kept as a convenience to you and you are not bound to choose a counselor from this list. All necessary arrangements and the cost of counseling sessions are to be borne by you and your spouse. If you desire to pursue counseling, you must make your request for counseling within twenty days of the date on which you receive this notice. Failure to do so will constitute a waiver of your right to request counseling. ", GEORGE R. MYERS, PLAINTIFF v. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 98 - 1'74- CIVIL TERM JANE F. MYERS, IN DIVORCE DEFENDANT COMPLAINT UNDER SECTION 3301(0) OR 3301(d) OF THE DIVORCE CODE IN DIVORCE 1. The Plaintiff is George R. Myers who resides at 851 Kiehl Drive, Lemoyne, Cumberland County, Pennsylvania 17043. 2. The Defendant is Jane F. Myers, who resides at 851 Kiehl Drive, Lemoyne, Cumberland County, Pennsylvania 17043. 3. The Plaintiff and Defendant have been bona fide residents of the Commonwealth of Pennsylvania for at least six months immediately prior to the filing of this Complaint. 4. The Plaintiff and Defendant were married on October 28, 1988, in Cumberland County, Pennsylvania. 5. There have been no prior actions of divorce or annulment between the parties in this or any other jurisdiction. 6. The marriage is irretrievably broken. 7. The Defendant is not a member of the Armed Services of the United States or any of its Allies. . , Ii II I: '8 ,/ J I... I a I I I I I I I !I 6. I I'; ?j( I PS Fonn 3811, Dec.mb., 1994 '"' ~~i~~ , J ~ I"':. ;<", ,~, ( '. L' , ' \' I ; ,"\ I , , J( .'Ef I I . I . '9<>mP/It. II;... 1 ondI.,. r., .ddllJone/ -., I also Wish to ,ec.'v.lh. 'Compllt. II.... 3, a.. and ab. IoIloWing s.rvfc.s (fo, an 'Print \'OUI n""" and add,", on Iha.._ oil"'.,."" 10 tha,... can rat.....,"'. .lC1!1'f/it\, .= J'.l"";"nn '0 ''''' Iron!.,,,,,, INIlpIaco,., on,,,,, baclc" ap.co -not 1 ~~r.a"Ciiri '~i1""mR_P/Roq_Od'on'''''lNllplaco_IhaOrilclonutnba', 2'~"1, .ThaRIt.....R_p1wl.II1owIO""""'Iha."Id.....~and,""dal. ..' doIlwol;,d, , Consull pos I ,... . 3, ArUcl. AddrelSGd 10: 4a, ArUcl. NUmb., ft : . .;l.;l L/"7r ;;l / j jt!; 4b, S.rvfce Type o R.glst.red Gkf.rUflld '" i o Exp,... Mall 0 InSured 1! o Retum R8C8fpt '0' Merthand.. 0 COD lr :,; 7, Dal. 01 D.llva/}' '" ~- ~ r 6, Add,.....' Add... (Only" requ.sted ancIfe.tS{JIIld) " : I I ,~~2:D5:.7.~:,':,:,: ,~:~.:~~/:,:~~~:~~~~~t 1..1. :t r '\1;'.., ~,l~t . t"l.,t.f ,. j . M 4J <'..' . " -roe?,r?e:., ,r-: ~ /' ~ .r.J . ?,; / tf//t!.h / #/,,,w 4/-fflJ,Y/1...../ ,04 /7ttJ"/J ('4-< ;~.,.:.d:'i:/.t.".,.;.\.::"3"";.,,,..,<~'...nr....."'.....__.~,~_. ____._ . I , \ f I I i \ .'1 , I , , -~""I ......... ,kf-" ." , ~ , "1'., .. ..~~~ ~ I '')' . ,.:...,-1". ,) ". . .~ ", .~.: ~. , '1" ~.. .' '" oJ,! '", r, '. .J/>' ,,-' n. '':c.' ,/1\..: \\ ,~ . . ;''1> " .. . ~ j ., , 'I. , . ~ir:-:~,' . \, ,. I ) \ .JitIJ, ~ .;". ~ , , ,;, .' I '" I . , , .... ',-. ''\ ..' ..) r 'r , , >.. r-. >....~ 9.; (''; I- t-:: .< c'\ r.-.:, :~) -" 1.1.1__. ,...., 0';: "J :~ c, el:: ~, cC to j';., () ;'i (,i;" r!. " ',,) .:)c.~ J w,:~ -. tu i(:~:: a~ ...'.- ::Jtu :':: :'::1 L-'] tl_ ,-- , ..,:: U_ C::: -, 0 .~.' , m C,.:) II " ~. ",_'J , P :;-; ::'~J ., -r; i ~'.. ","J C;.l :-., , -~: ;;'j:'!J , N , -.-;P.1 " .~. '.0 ':...::J ~:~t'. '_~J I:' ""', :;.:i " I ...., ~ ::~! ~j - >:' ...':'- t' (".3'1'1 --.. );~ :..1 -~ ~->J -< . '"' '. n ',-:) 0 I::: Ci.1 -1'1 .. .. _..1 --, - " '. ~.". -n C".',_ " ", I:":" , i . f'.) , ,n {" . lJ:; , 0 :>. , , , (; .' ....(~ "'l' .';';h ,- , -" ,-- ,- (') :. - is n 1 C ::=1 <' ,,' ~ :.:1 ..< I 11.- GEORGE R. MYERS, PLAINTIFF IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 98 - 774 CIVIL TERM v. JANE F. MYERS, IN DIVORCE DEFENDANT AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under ~ 3301(c) of the Divorce Code was filed on February 9, 1998. 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety (90) days have elapsed from the date of the filing and service of the Complaint. 3. I consent to the entry of a Final Decree of Divorce after service of notice of intention to request entry of the decree. I verify that the statements made in this Affidavit are true and correct. I understand that false statements herein are subject to the penalties of 18 Pa,C.S. ~ 4904 relating to unsworn falsification to authorities. DATED, '--11:? 0- q 1''111 , I, I" i, ~""". ..... '. f) t..::, ,-, \)') -- -II -;, : " :-j' ri' " - ; :~iD , '" .r.g " '.0 I:;; ii?,-, , :::~ 1:;_, I , ,- ....l) :~~.jrn :.< :::~J ~\.J -<,; \ - . ,-, (/ 11.:'- ['1;" l~J ..).1 (, 'tl ; ~. ..... 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