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HomeMy WebLinkAbout98-01278 -,~,~,,-,~,,~~,,~'-'~--~'~~*--'---'y:~~~::_;;-~._'-'-~~~ ~ -~ 8 ~ ~ ,.. ,', ~ IN THE COURT OF COMMON PLEAS : ,', ~ M ,', ~ f.~ ~ ,..,.,., ~ ^li~~i:~q~~f1.v, ~h1~ q'" J, ~ / V. ,-~ $ ~ ..~~~K,~,f}ftq,q ,q" ~ ~ - .7..... - - Prothonotary '-' ~ ~ ~ v ~.-0.M-. ~:. .>>:. .:+:- .>>:. ~~. .>>:. .:.:. .:.:.~.::-:;;-::;;..* -.:;:. -::.;. -" ::.:.' ::.::'. .:+:.' -::;;-':;:.--:;:~ {o:. .:.:. .:.;-:-::'::--:i;0::::.~~ i ~.' ~ ~.~ ~ M ,'~ i y OF CUMBERLAND COUNTY ~~ ;\:.. . 'c., ~. ~~ """""1~.,.t STATE OF PENNA, " ~ II II " 'I ,,JULIE ,A'q.NELSON "q ,', * W ~.~ ~., ~ t ~.~ ~.~ ~ " " "', W ~.' ~', ~ !i! ~.: ,', ~ N () 91l:~~~,7,a....J;;(.,v:ll...,........, .......""",..'" ,......'" ,Plainti f f"" Vel'Hlls '. 1 1 I i! ,,JAY.qR....NELSON..q Defendant DECREE IN DIVORCE .7llf,'I{A.fI1 AND NOW, ' .. ,..J. ~./ ,f(.. .... .. " 19 ~ ~.., it is ordered and decreed that "',',"" ,JULIE .11.. ,NELSON, , , , , , , , , , , , , , , , , , , , , , " plaintiff, and ' .. .. .. .. , .. , .. .. , .. ~~r, ~:, ~~~~?~, .. , .. .. , .. .. .. .. , .. .. ".. defendant, are divorced from the bonds of matrimony. ~ ,; ,"' ~ ~ :.~ ~ f-: ,', ~ ~ '.~ ~ ~., ~ ~ ", ~ / ~.' ~ 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; NONE '" ~~~?, ~~:~~~~?~, ?~, ~~?~, ~~.', ,l??~, ~~, !l~?-"~~Y, ~!l!l!l?-"P!l?-"!l,t~~, ~P,t!l, Fr!!"""", " ,f~1'!':J.,ll;l.1l9rCe,llecree., , , , , , , , , , " , , , . , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , ..~ ~ ~ y .', ~ ~ ~ ~, ~.~ ~ ~., ~ .'~ ~ ,', ~ ..~ ~ ,'. ~ ~ .. (~ ~ ~.~ ,', ~ ~ ~.' ~ M ::i W :.~ ~ :., ~ ~.: ,', ~ ~ W :.~ w ~.' ~ ~ ~ '.~ ,., * w ... ,', ~ w ',' agree as follows: 1. SEPARAT:!ON: It shall be lawful for eCl,ch peaLy i:lt all times hereafter to live separate and apart from the other party at such place as he or she may from time to time chose or deem fit, The foregoing provisions 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. INTERFERENCE: Each party shall he free from interference, authority, and contact by the other, as fully as if he or she were single and unmarried, except as may be necessary to carry out the provisions of this 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 their peaceful existence, separate and apart. 3. SUBSEQUENT DIVORCE: The parties hereby acknowledge that WIFE has filed a Complaint in Divorce in Cumberland County to docket number 98-1278 claiming that the marriage is irretrievably broken under the no-fault mutual consent provision of Section 3301(C) of the pennsylvania Divorce Code. HUSBAND hereby expresses his agreement that the marriage is irretrievably broken and expresses his intent to execute any and all affidavits or other documents necessary for the parties to obtain an absolute divorce pursuant to Section (c) of the Divorce Code at the earliest appropriate date. The parties hereby waive all rights to request Court-ordered counseling under the Divorce Code, It j:; further 2 specifically understood and agreed by the parties that th.~ provisions of this Agreement as to equitable distribution of property of the parties are accepted by each party as a fj 110'1 settlement for all purposes whatsoever, as contemplated by the pennsylvania Divorce Code, Should a decree, judgment or order of separation or divorce be obtained by either of the parties in this or any other: state, country or jurisdiction, each of the parties hereby consents and agrees that this Agreement and all of its covenants shall he not affected in any way by any such separation or divorce; and that nothing in any such decree, judgment, order or further modification or revision thereof shall alter, amend or vary any terms of this Agreement, whether or not either or both of the parties shall rema=ry, It is specifically agreed, that a copy of this Agreement or the substance of the provisions thereof, may be incorporated by reference into any divorce, judgment or decree, It is the speci.fic intent of the parties to permit this Agreement to survive any judgment and to be forever binding and conclusive upon the parties, 4, DATE OF EXECUTION: The "date of execution" or "execution date" of this agreement shall be defined as the date upon which it is executed by the parties if they have each executed the agreement on the same date, Otherwise the "date of execution" or "execution date" of this agreement shall be defined ail the date of execution by the party last executing this agreement. 5. MUTUAL RELEASE: HUSBAND and WIFE each do hereby mutually remise, release, quitclaim and forever discharge the other 3 and the estate of such other, for all time to come, and for all purposes whatsoever, of and from any and all rights, title and interests, or claims in or against the property (including itlCOM~~ and gain from property hereafter accruing) of the other or against the estate of such other, of whatever nature and wheresoever situation, which he or she now has or at any time hereafter may have against the other, the estate of such other or any part thereof, whether arising out of any former acts, contracts, engagements or liabilities of such other or by way of dower or curtesy, or claims in the nature of dower or curtesy or widow's or widower's rights, family exemption or similar allowance, or under the intestate laws, or the right to take against the spouse's will; or the right to treat a lifetime conveyance by the other as testamentary, or all other rights of a surviving spouse to participate in a deceased spouse's estate, whether arising under the laws of (a) Pennsylvania, (b) any State, Commonwealth or territory of the United States, or (c) any country, or any rights which either party may have or at any time hereafter shall have for past, present or future support or maintenance, alimony, alimony pendente lite, counsel fees, property division, costs or expenses, whether arising as a result of the marital relations or otherwise, except, all rights and agreements and obligations of whatsoever nature arising or which may arise under this Agreement or for the breach of any provisions thereof. It is the intention of HUSBlIli"'D and WIFE to give to each other by the execution of this Agreement a full, complete and general release with respect to any atld all 4 property of any kind or nature, real, personal or mixed, wh-lch th~ other now owns or may hereafter acquire, except and only e}:cept i",j 1. rights and agreements and obligations of whatsoever nature ill: iFi.!ig or which may arise under this Agreement or for the brench of eJIlY provision thereof, It is further agreed that this Agreement shall be and constitute a full and final resolution of any and all claims which each of the parties may have against the other for equitable division of property, alimony, spousal support, counsel feeG and expenses, alimony pendente lite or any other claims pursuant to the Pennsylvania Divorce Code or the divorce laws of any other jurisdiction. 6. ADVICE OF COUNSEL: WIFE is represented by Judith A, Calkin, Esquire, and this agreement was prepared by her counsel. HUSBAND has been advised of his right to separate counsel, and being so advised he waives that right, HUSBAND and WIFE accept that this Agreement is, in the circumstances, fair and equitable and that it is being entered into freely and voluntarily and that execution of this Agreement is not the result of any duress or undue influence and that it is not the result of any collusion or improper or illegal agreement or agreements. The parties further acknowledge that they have ea,~h made to the other a full accounting of their respective assets, estate, liabilities, and sources of income and that they waivt~ any specific enumeration thereof for the purpose of this Agreement, Each party agrees that he and she shall not at any futile.:! tiMe raise as a defense or otherwise the lack of such disclosU1:e in any 5 legal proceeding, involving this Agreement, with the except L)Jl of disclosure that may have been fraudulently withheld, 7, WARRANTY AS TO EXISTING OBIoIGATIONS: WIFE C1Hr'-"l'S to be solely liable for the payment of the following debts and agrees to indellU1ify HUSBAND and hold him harmless with respect to tlw same, DEBT ACCOUNT NUMBER APPROXIMAJ'E BAl,lINC8 BNB USA/BJ'S Wholesale Club 5449 1401 0170 4031 $3400.00 Associates Mastercard 5418 8700 4024 0773 $6253,71 Belco Visa 104740 4498 3760 0005 2717 $1414.45 Fleet Mastercard 5487 7004 0003 8929 $6679.94 J.C, Penney 028 008 945 9 1 $ 300.00 Discover 6011 0028 2250 6267 $6490.02 Shell Mastercard 5369 9332 6272 7700 $9407.31 Winding Hill Veterinary Clinic 2615 $ 422,38 WIFE shall pay the Belco Visa and Shell Mastercard in full within thirty (30) days of the date of the final divorce decree when WIFE refinances the marital home as described in paragraph 12 of this agreement. Should WIFE be unable to refinilllce the marital home all terms of this Agreement shall be null and void, The balance of the debts listed above will be paid by WIFE within ninety (90) days of the date of execution of this agreement. Any debt not specifically listed in the Agreement shall be the so] e and separate responsibility of the party who incurred it. 6 8, BANKRUPTCY: Each of the parties acknowledg~s and agrees that with respect to the liabilities each is required to assume andpay under the provisions of this Agreement, each hilS t hf~ ability to fulfill his or her respective obligations from income or property not reasonably necessary to be expended for such party's maintenance and support or for the maintenance and SUPP01-t of such party's dependents. Should either party file a petition undet" Title XI of the United States Code, or should a petition be filed against either involuntarily, each party acknowledges and agrees that the discharge of the debtor party's obligations under. this Agreement will not result in a benefit to the debtor party that outweighs the detrimental consequence to the non-debtor party or the non-debtor party's child or children, 9, WARRANTY AS TO ~u~uKE OBLIGATIONS: WIFE and HUSBAND each covenant, warrant, represent and agree that with the exception of obligations set forth in this Agreement, neither of them shall hereafter incur any liability whatsoever for which the estate of the other may be liable. Each party shall indemnify and hold harmless the other party for and against any and all debts, charges and liabilities incurred by the other after the execution date of this Agreement, except as may be otherwise specifically provided for by the terms of this Agreement. 10. PERSONAL PROPERTY: The parties hereto have divided between themselves, to their mutual satisfaction, all i!:>;!ms or tangible and intangible marital property, WIFE shall be the s,)le and separate owner of the property listed on Exhibit "A", HUSBAND 7 '"' shall be the sole and separate owner of all other items in the marital home which include but are not limited to the pn'perty listed on Exhibit "B", HUSBAND shall remove those items from the home within a reasonable time, however in no e'.'ent shall ~IU'E remove them from their present location without giving lruSBAND at least twenty (20) days notice. Neither party shall make any claim to any other such items of marital property, or to the separate personal property of either party, Should it become necessary, the parties each agree to sign, upon request, any titles or documents necessary to give effect to this paragraph. In the case of intangible personal property, if any physical or written evidence of ownership, such as passbook, checkbook, policy or certificate of insurance or other similar writing is in the possession or control of one party that property shall be that party's sole and separate property, HUSBAND and WIPE shall be deemed to be solely and individually in the possession, control and ownership of any pension, 401 (K), retirement, or other employee benefit plans or other employee benefits of any nature to which either party nmy have a vested, non-vested or contingent right or interest, at the time of the signing of this Agreement. Furthermore, each party specifically waives and all right, title and/or interest they may have in the plan of the other. 11, MOTOR VEHICLES: The parties agree that HUSBAND and WIPE shall become the sole and exclusive owner of any motor vehicle in their possession, The parties agree to waive any right, title and or interest they have in the automobile of the other, 8 12, REAL BSTATB. The party own by the entjn~tiF!s a property located at 816 Fairfield Street, Mechani csbur'l, Cumh,~r] ilnd County, pennsylvania. HUSBAND agrees to transfer to WIFE all of his right, title and interest in said home, and he agr8es to s1gn a deed at the same time as he executes this agreement, WJ,.'E"~Jrp.es to refinance the mortgage on said property within thirty (30) days of the date of the final divorce decree, Should WIFE be unable to refinance the marital home, all terms of this agreement shall be null and void. 13, AFTER ACQUIRED PERSONAL PROPERTY: Each of the parties shall hereafter own and enjoy, independently of any claims or right of the other, all items of personal property, tangible or intangible, hereafter acquired by him or her, with full power i.n him or her to dispose of the same as fully and effectively, in all respects and for all purposes, as though he or she were unmarried, 14 , APPLICABILITY OF TAX LAW TO PROPERTY TRANSFERS: The parties hereby agree and express their intent that any transfer of property pursuant to this Agreement shall be within the scope and applicability of the Deficit Reduction Act of 1984 (herein the "Act"), specifically, the provisions of said Act pertaining to transfers of property between spouses or former spouses. 'fhe parties agree to sign and cause to be filed any elections or other documents required by the Internal Revenue Service to render the Act applicable to the transfers set forth in this Agreement without recognition of gain on such transfer and subject to the carry-over basis provisions of said Act. 9 15, WAIVER OF ALIMONY PENDENTE LITE, SPOUSAL SUPPORT ANlJ t I \, ~ I, UI , LEGAL FBBS I Each party hereby waives any right to alimony pcnc'?nt.c lite and or spousal support, The parties agree to be rcspOlHiible for their own attorney's fees, 16, PULL DISCLOSURE: Each party asserts that she or 11.~ has made a full and complete disclosure of all the real and personal property of whatsoever nature and wheresoever located belonging in any way to each of them, of all debts and encumbrances incurred in any manner whatsoever by each of them, of all sources and amounts of income received or receivable by each of parties, and of every other fact relating in any way to the subject matter of this Agreement, These disclosures are part of the consider.ation made by each party for entering into this Agreement, 17. WAIVER OF ALIMONY: The parties herein acknowledge that by this Agreement they have respectively secured and maintained a substantial and adequate fund with which to provide for themselves sufficient financial resources to provide for their comfort, maintenance and support, in the station of life to which they are accustomed, WIFE and HUSBAND do hereby waive, release and give up any rights they may respectively have against the other for alimony, spousal support or maintenance, It shall be from the execution of this Agreement the sole responsibility of each of the respective parties to sustain themselves without seeking any support from the other party. 18. WAIVER OR MODIFICATION TO BE IN WRITING: No modification or waiver of any of the terms hereof shall be vali.d 10 unless in writing and signed by both parties and no waiveL of any breach hereof or default hereunder shall be deemed a waiver of an}' subsequent default of the same or similar nature. 19. MUTUAL COOPERATION: Each party shall, at; any t.ime and from time to time hereafter, take any and all steps and execute, acknowledge and deliver to the other party any and all further instruments and/or documents that the other party may reasonably require for the purpose of giving full force and effect to the provisions of this Agreement. 20. APPLICABLE LAW: This Agreement shall be construed in accordance with the laws of the Commonwealth of Pennsylvania which are in effect as of the date of execution of this Agreement. 21. AGREEMENT BINDING ON HEIRS: This Agreement shall be binding and shall inure to the benefit of the parties hereto and their respective heirs, executors, administrators, successors and assigns. 22. INTEGRATION: This Agreement constitutes the entire understanding of the parties and supersedes any and all prior agreements and negotiations between them. There are no representations or warranties other than those expressly set forth herein. 23. OTHER DOCUMENTATION: WIFE and HUSBAND covenant and agree that they will forthwith execute any and all written instruments, assignments, releases, satisfactions, deeds, notes or such other writings as may be necessary or desirable for the proper effectuation of this Agreement. 11 24. NO WAIVER ON DEFAULT: This Agreement shail )J'lila.l n in full force and effect unless and until terminated und,;,1.' and pursuant to the terms of this Agreement. The failure of. ei Lh,'1.' party to insist upon strict performance of any of the provisicJns of this Agreement shall in no way affect the right of such p,.rty hereafter to enforce the same, nor shall the waiver of any default; or breach of any provisions hereof be construed as a waiver of any subsequent default or breach of the same or similar nature, nor shall it be construed as a waiver of strict performance of any other obligations herein. 25. SEVERABILITY: 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, effect and operation. Likewise, the failure of any party to meet her or his obligation under anyone or more of the paragraphs herein, with the exception of the satisfaction of the conditions precedent, shall in no way avoid or alter the remaining obligations of the parties. 26. 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