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HomeMy WebLinkAbout98-01270 ~ It c! :t U ~ ~ . < 0( c! :J c5 } 1/ / ~ ~ - . ... ~. . ()., ~ " ,; . ~ . .:+:.':.:+:.'.:+:.' .:.:.'.:.:..-.:.:.-.:.:....:.:...:<<...:.:. .:.:.".:.:. .:.;. .:.;. .:+;. .:+;. .:+:' " ':..' .:+:. .:.:.':-~>:.:-:>:.:-:x.:.::.:.:.:~.:.:.::.:.:.',.:.:.'.:.:.::.:.:<:-;~ ~', ----...-.-.-.-, ~ ~ 1- , ~ ~ W,,',' ~ ~ ~ IN THE COURT OF COMMON PLEAS ~ ~ ~ ,', ~ ,', ~ i ~.~ ,', ~ ~ :.' ,'~ ~ ~ ~.' ~ ~'; ,', ~ ,', ~ ~ ~.~ ~ f:~ ~ ~.~ ,', ~ ,', ~ .., ~ ~, ~ :", *- :.~ ~.~ ~ ~ r:~ ~ :'~ ~ ~ ~.~ * ~', ~ ~ ? ~ ~.' ~.~ ~ ,', ~ ,', ~ ,', ~ ii, .'~ ~ ',' ~~ ~ ~ ? ~ ?- /~;" .~- :-:.:. .:+:. .:.:- .'~' ~ :.' ,', ~ ~ ~.~ ,', ~ ~ ~.~ ~ ,', ~ W :.~ W ~.; ,', ~ ~ ~': ,', ~ A ,', ~ ~ ,', ~ ,', ~ :) ~ ,', ,', iOj ... ~ i ~.; ,', ~ ~ ',' i :.~ OF CUMBERLAND STATE OF 't~~ '\""~iJ!f,;.J-:.,,"-r COUNTY PENNA. ........ ......... ..... ...J'.EDD.'(. L,. .GAQ~I1AN,..$R."..... II .i I! Ii Ii N (), .98..,,1.27.0.... .cr.V.rL.. 19 ....... ...... .... ..... ..... ....... .... ...PLAINTIF.F. ..... .... VPl'SlIS ..........DE.E .DEEA.. .CAUFMAN, ....DEFENDANT .. DECREE IN DIVORCE AND NOW, "'" "" (~~"" (?" "', 19.11"., it is ordered and decreed that... .. ,.,.' ." " .. '" :r.E;pI;>Y, ,I", ,GAQIf~l\I'{", :>R.., ", plaintiff, and, , , " " , , , , , , " , , , , " , . , , , , " ,DEE, .DEE, A. ,CAUE'MAN. , , , , " defendant, 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; , ,THE ,PARTIES. .MARI,orAL, S.ETTLEMEN~, .AGREEMEN.'TI ,DA~,ED, FEBRUARY, 8",1999 , ,IS, ,:tt:JCPlU'OR}\.TED, REREI.N . AS, .A, FINAL, D.RDER. ,OF, COURT, , , , , , , , , , , , " , n:j. he c,o;;~ . ".Hddd'H "d Allest: C!...l.':~ /.#J/ ~..,.,~ J, ~1'.<' ,k, J.2~;Q'? .... eY' ~~th~"otnry ~-~-------,,_,,_,,-,__-,___,_._ _._ _..._'-..___________....-....-...._.._________. ~._._~.,~..... _'~ I ~ ~~---~~~*~-**~***~ro*~*~~ ~ ~.I ~ '.~ $ $ * ~ ~ ',' s ~ ... * MARITAL SETTLEMENT AGREEMENT THIS AGREEMENT, made this ~ day of c5J-f~~, 1999, by and between Teddy L Caufman, Sr" hereinafter referred to as "Husband", and Dee Dee A Caufman, hereinafter referred to as "Wife," WITNESSETH: WHEREAS, the parties are Husband and Wife who were married on October 18, 1990; and, WHEREAS, the parties are presently separated and living in separate residences; and, WHEREAS, Husband has instituted divorce proceedings in the Court of Common Pleas of Cumberland County to No, 98-1270 Civil Term by complaint filed on March 9, 1998; and, WHEREAS, the parties are the parents of Brittanie A Caufman, born May 14, 1990 and Teddy L Caufman, Jr., born July 25, 1991; and, WHEREAS, diverse unhappy differences, disputes and difficulties have arisen between the parties and the parties have decided that their marriage is irretrievably broken, and it is the intention of the parties to live separate and apart for the rest of their natural lives, The parties are therefore desirous of settling fully and finally their respective financial and property rights and obligations as between each other, inClUding without limitation: the ownership and equitable distribution of all property owned by the parties; and the settling of all related economic claims including but not limited to spousal support, 1 1-1.., c, 5A... .~' . , alimony and alimony pendente lite; and in general the settling of any and all claims or possible claims of one against the other or against their respective estates; and, WHEREAS, each party is fully familiar with the all of the property owned by the parties and each party acknowledges having sufficient opportunity to investigate and evaluate the property owned by the parties, and both parties now desire to settle and determine his and her property rights and claims under the Divorce Code, NOW, THEREFORE, in consideration of the mutual promises hereinafter set forth and for other good and valuable consideration, receipt of which is hereby acknowledged by each of the parties hereto, the parties, intending to be legally bound hereby, do covenant and agree as follows: 1. DIVORCE The parties agree to the entry of a Decree in Divorce pursuant to Section 3301 (c) of the Divorce Code, Both parties shall execute and file the requisite Consents and Waivers with the Court contemporaneously with the execution of this Agreement. Husband's counsel shall withdraw Husband's claim for economic relief, Should either party do anything to delay or deny the entry of such a Decree, or fail to do anything required to obtain the Divorce Decree in breach of this Agreement, the other party may, at his or her option, declare this Agreement null and void. 2. INCORPORATION BUT NOT MERGER INTO DIVORCE DECREE This Agreement and all warranties and representations contained herein shall survive the Divorce Decree and shall continue to be enforceable in accordance with its 2 lY\V '1' L.~ . Sfl. . ' terms, No Court may change the terms of this Agreement, and it shall be binding and inclusive upon the parties, An action may be brought at law, in equity or pursuant to the provisions of the Divorce Code to enforce this Agreement by either Husband or Wife, In the event of a reconciliation, attempted reconciliation or other cohabitation of the parties hereto after the date of this Agreement, this Agreement shall remain in full force and effect in the absence of a written agreement signed by the parties expressly stating that this Agreement has been revoked or modified, 3. ADVICE OF COUNSEL Husband is represented by Michael A. Scherer, Esquire, who is his separate legal counsel and he has been advised of his respective rights, privileges, duties and Obligations relative to the parties' property rights and interests under the Divorce Code and regarding alimony and spousal support, Wife is unrepresented in this matter, but has been advised repeatedly that she has the right to an attorney, who could advise her regarding her respective rights, privileges, duties and obligations relative to the parties' property rights and interests under the Divorce Code and regarding alimony and spousal support and any other matter pertaining to this divorce; Wife nevertheless chooses to be unrepresented in this matter, Husband and Wife acknowledge that each of them has read this Agreement and understands his and her rights and responsibilities under this Agreement, that he and she have executed this Agreement under no compulsion to do so but as a voluntary act, being apprised of its consequences, 3 CAG ~. 1,- ( - ,J,f1". 4. TANGIBLE PERSONAL PROPERTY Wife shall become the sole owner of the motor vehicle she currently possesses, while Husband shall become the sole owner of the 1989 Ford pickup truck he currently drives, Aside from the foregoing, the parties have divided between them to their mutual satisfaction all items of tangible personal property which had heretofore been used by them in common and neither party shall make any claim to such property in the possession of the other, Each party will execute any and all documents necessary to effectuate the transfer of ownership of any items of personal property titled in both names as set forth above, 5. OTHER PROPERTY DISTRIBUTION PROVISIONS A REAL ESTATE The marital residence is located at 408 North Pill Street, Carlisle, Pennsylvania, The parties purchased the marital residence in 1992 with the assistance of the Pennsylvania Housing Finance Agency, At present, approximately $36,600,00 is owed to the Pennsylvania Housing Finance Agency relative to the mortgage obligation, and the parties do not have a current fair market value for the property, Husband shall pay Wife the sum of $2,000,00 to release her interest in the marital residence, and Wife shall, concurrent with the execution of this agreement, sign a Quitclaim Deed tranSferring all her right, title and interest to the real estate located a 408 North Pill Street, Carlisle, Pennsylvania, to Husband, Husband shall be responsible to repay the entire outstanding balance owed to Pennsylvania Housing Finance Agency, and he will indemnify and hold Wife harmless on that obligation, 4 .. ~\G -(. L.' . srt B, WAIVER OF RETIREMENT BENEFITS The parties hereby waive any right, title or interest either of them may have in any retiremenVdeferred compensation or similar accounts in the name of the other spouse, C, INTANGIBLE PERSONAL PROPERTY The parties have divided between them to their mutual satisfaction all intangible personal property consisting of cash, bank accounts, annuities, securities, insurance policies, pension and retirement rights, whether vested or contingent, and all other such types of property, The parties hereby agree that all such intangible property presently in the possession of or titled in the name of Husband shall be his sole and separate property, and that in the possession or titled in the name of the Wife shall be her sole and separate property, Each party hereby expressly waives any right to claim any pension/profit sharing/retirement rights of the other, vested or contingent, each party to retain full ownership of such rights as his or her sole and separate property, 7. DEBTS AND OBLIGATIONS Except as herein otherwise provided, each party represents that she and he have not heretofore incurred or contracted any debt or liability or obligation for which the other may be held responsible or liable, Each party agrees to indemnify and hold harmless the other from and against all such debts, liabilities or obligations of any kind which may have heretofore been incurred between them, except the obligations ariSing out of this Agreement. 5 \J\(; --(.~. <: .$~ .". 8. INDEMNIFICATION Both parties covenant, warrant, represent and agree that each will now and at all times hereafter save and keep each other indemnified against all debts, charges, or liabilities incurred by the other after the execution of this Agreement, except as may be otherwise specifically provided for by the terms of this Agreement and neither of them shall hereafter incur any liability whatsoever for which the Estate of the other may be liable, Each party further agrees to indemnify and save and hold harmless the other from any and all liabilities he or she may incur upon the obligations of or assumed by the other, which indemnification as to all provisions of this Agreement shall include the right to recover out of pocket expenses and reasonable attorney's fees actually incurred, 9. EQUITABLE AGREEMENT Both parties agree that the hereinabove set forth Agreement constitutes an equitable distribution of their marital property and equitable resolution of all other economic claims pursuant to the provisions of the Divorce Code and each party irrevocably waives, releases, and remises any claim to ownership of or interest in any property designated as the property of the other by virtue of the provisions of this Agreement except as otherwise may be provided pursuant to the provisions of this Agreement. 6 10. MUTUAL RELEASES Husband and Wife do hereby mutually release, remise, quitclaim and forever discharge the other and the estate of the other from any and all claims either party has now, ever may have or can at any time have against the other or the other party's estate or any part thereof, whether arising out of formal contracts, engagements or liabilities of the other party, arising by way of widower's right or under the Intestate Law, arising by any right to take against the Will of the other party, arising out of the Divorce Code, Act No, 26 of 1980, as amended, including, alimony, alimony pendente liIe, counsel fees and expenses, arising as a right to spousal support or arising from anything of any nature whatsoever, excepting only those rights accorded to the parties under this Agreement. 11. BREACH If either party to this Agreement resorts to a lawsuit or other legal action pursuant to the provisions of the Divorce Code or otherwise to enforce the provisions of this Agreement, the successful party shall be entitled to recover his or her reasonable attorney fees, actually incurred, from the other as part of the judgment entered in such legal action, whether in law, in equity, pursuant to the provisions of the Divorce Code or otherwise as the same shall be determined by the Court, 12. COMPLETE DISCLOSURE The parties do hereby warrant, represent and declare and do acknowledge and agree that each is and has been fully and completely informed of and is familiar with and is cognizant of the wealth, real and/or personal property, estate and assets, earnings and 7 ~~t 7'- l., ( ~I- income of the other and that each has made a full and complete disclosure to the other of his or her entire assets and liabilities and any further enumeration or statement thereof in this Agreement is specifically waived, 13. ENTIRE AGREEMENT This Agreement constitutes the entire understanding of the parties, There are no covenants, conditions, representations or agreements, written or oral, of any nature whatsoever, other than those herein contained, 14. MODIFICATION This Agreement is subject to modification only by a subsequent legal writing signed by both parties, It shall be construed according to the laws of the Commonwealth of Pennsylvania, 15, AGREEMENT BINDING ON HEIRS This Agreement shall bind and inure to the benefit of the parties hereto and their respective heirs, executors, administrators, successors and assigns, 16, CONTRACT INTERPRETATION For purposes of contract interpretation and for the purpose of resolving any ambiguity herein, Husband and Wife agree that this Agreement was drafted and prepared jointly by their respective counsel. 8 tAG -,:,-, 17. SEVERABILITY AND INDEPENDENT COVENANTS The parties agree that each separatB obligation contained in this Agreement shall be deemed to be a separate and independent covenant and agreement. If any term, condition, clause or provision of this Agreement shall 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 valid and continue in full force and effect. 18. COSTS AND ATTORNEYS' FEES Neither party shall reimburse the other for any court costs or filing fees associated with this case, and each party shall be responsible to pay his or her own attorneys' fees, 19. LAW AND JURISDICTION APPLICABLE This Agreement shall be construed in accordance with the laws of the Commonwealth of Pennsylvania. 20. OTHER DOCUMENTATION The parties agree that they shall within ten days of the date of this Agreement execute any and all written instruments or documents required to effectuate the terms of this Agreement. 21. WAIVER OF ALIMONY Husband and Wife do hereby waive, release and give up any rights which either of them may have against the other to receive alimony or other post-divorce spousal maintenance or support, 9 , . n \.:, (? ( :~ '..;.J -r1 .." :-::l , ,"q ,:;~ :J " I .,,~ >:. ~ 'D 'oj '";'r /:")c. ) 1'-:'. -}-+" .~1 .c. :!l '~:CJ -" L20 ',: ~-~ ~} Orn .- ~;--:: :::> ~ ::! ~J (:::l '-<; ,. . , i I . WHEREFORE, Plaintiff respectfully req Ie5ls thisl-lonc>rOOle ColIt to enter a decree In divate, COUNT II-EQUITA8LE DISTRIBlJfION 10, Plaintiff hereby irllXllf.A.'lales by ,.,;",etloo~ 1 tIYol.Igl9 above, 11. The paties have acquired personal property, irduding a.JIcmc>biles, bai< acx:o..r1ls a1d dher items r:1 misooUalElOus property dJing the COLI'SEl r:1 their mariage, some r:1 v.11ich is mailaI plqJElrty. WHEREFORE, Plaintiff respectfully reqJeSts this HoIIOl'8ble ColIt to enter a decree v.11ich eIfeds III ~ distributia1 r:1 mailaI property. Respectfully Slbnitted, Date: ,/f;,,r ?'t,;(4.~ MIChael A Scherer, Esquire I,D, #61974 ,17 WeS. Sooth Street Ca1isle, Pemsy1va1ia 17013 (717) 249-6873 AItomeyfcr Plaintiff, Teddy L CalIina1, Sr. mas.di1donll!Stic/caufman.com , . TEDDY L. CAUFMAN, SR, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO, 98-1270 CIVIL TERM CIVIL ACTION-LAW IN DIVORCE v, DEE DEE A CAUFMAN, Defendant PLAINTIFF'S AFFIDAVIT OF CONSENT AND WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF DIVORCE DECREE UNDER SECTION 3301(c) OF THE DIVORCE CODE 1, A complaint in divorce under Section 3301 (c) of the Divorce Code was filed on March 9, 1998, 2, The marriage of the Plaintiff and Defendant is Irretrievably broken and ninety days have elapsed from the date of the filing of the Complaint. 3, I consent to the entry of a final decree in divorce without notice, 4, 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, 5, 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, 6, I have been advised of the availability of marriage counseling and understand that I may request that the court require counseling, I do not request that the court require counseling, 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, Section 4904 relating to unsworn falsification to authorities, Date: .).- 3 - fl ~ t I'~_ ,j(L EDDY L. C FMAN, SR ',.1 . -' ...,.c_,....,'..,_._,...'...... (') \0 0 5.:; 1.1.) ..,., .." '[1 Vi' . .., l.l;l[;' ! C:".J -::0 "~ ~;'-: i,< I ;'J _ u". '.0 ';J -.-: "J r.:.(. '-ieJ '~'. =" ;'.c:B ' ,: ,. ~I ~-=?C.l :':::C.1 W 'jrn . .;-:.c: .. ;... .. ',.. :::> 55 :'1 -<; (::> -<; :,: .' , TEDDY L, CAUFMAN, SR., Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO, 98-1270 CIVIL TERM CIVIL ACTION-LAW IN DIVORCE v, DEE DEE A CAUFMAN, Defendant DEFENDANT'S AFFIDAVIT OF CONSENT, ACCEPTANCE OF SERVICE AND WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF DIVORCE DECREE UNDER SECTION 3301(C) OF THE DIVORCE CODE 1, A complaint in divorce under Section 3301 (C) of the Divorce Code was filed on March 9, 1998, 2, Defendant acknowledges receipt and accepts service of the Complaint on March 12, 1998, 3, The marriage of the Plaintiff and Defendant is irretrievably broken and ninety days have elapsed from the dale of the filing of the Complaint. 4, I consent to the entry of a final decree in divorce without notice, 5, 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, 6, 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, 7, I have been advised of the availability of marriage counseling and understand that I may request that the court require counseling, I do not request that the court require counseling. 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, Section 4904 relating to unsworn falsification to authorities, Date:~ \)iOUw. (;k ~ hJ DEE EE A CAUFMAN . , ."' () <0 0 c: '-LJ :<"" on 1:' i" -., 'i! ~._l i j ;: r", .,.-,".., ::':1 .n:t1 .:::j'" I 3~ rii :' ID ! ::~ i.:~; ::-) J .,.... .i.) 'r'j-j-' .-., , :.1:: ,j:iJ " .~ -,.('"~ Ii C' S~ On ......1 -., "') =:> 55 ~. (::J -< (.\ , . C) ,f.;.:' .,; I":"~: !,.'.li::'; V;) '.0 ;:;, :~1J o ." .~;:I . 'iI,:;g "1:1'1" u;;:; (::) (:, , :-.rJ..,1' c:i:tJ '-~C) tJ'" . $I -'U '"<: 8t:. ..:'~; c.'i 'i;r) -- f dJ ~, - '::;) "u ~"!.: ~ .::::> "- I l ! j,