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HomeMy WebLinkAbout98-01329 ',-I ~ ~ ~ ...... '- ~ / {' ~ :"'-- - :;) - "' ~ ~ ~ I, \ ~ ()-. ~, ~ .::+:.- .:.:.' .:.:..:.:.'.:.:. .:.:. .:+:. .:.:. .:.:~::-::!:. .:.~.' .:+:. .:+~. .:+:. .:+:. .:+:. .:+:. .:+:. "!.:":'-":.:-:'.:.:.~:.:.:.>:.:...,:+:. .:+:. .:+;. .:+:.::.:+:.::.;~ ~ ~ ~ y ~ ~ ~. ~ ,'. ~.~ ~ IN THE COURT OF COMMON PLEAS ~ ~ w ~ y ,', ~ ,', ~ ,', ~ ~ ~ ~ '.' ,', ~ ~ '.' ,', ~ ~ '.' ,', ~ ~ '.' l. ,', ~ ~ ~.' ~" ~ ~.; ~ ~ ~.~ ~.; ~ ~.I ~ ~ :.~ ;.~ ~ OF CUMBERLAND ~~~ ( . . It ....,.1,. . .... . .,1. .""~~F....t COUNTY STATE OF PENNA. Stephanie Diane Hill . . . . . . . .. ...... Plaintiff ,. ......... d 98 1329 , - N(l, ...................... ................. 1<) . .......... I " Vel.."ill,S Terry Edward Hill Defendant I , '. I " DECREE IN DIVORCE AN D NOW, .. . JO.~.."J. .~.. . .. .. ", 19~.., it is ordered and decreed that... .. . ~:~~~~~~~. ?~~~~. ~~~~. ...... , .. ... .... ... . ", plaintiff, and. . . . . . , . . . . . . . . .~e:~~~ .~~Cl;~~ .~~~~ . .. . . . . . . . . . . . . . . . . . . . . " defendant, are divorced from the bonds of matrimony, ~ '.' ,,~ ~ ~ ~l 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; \\t)~ 'The Sl3paration Agreement and Property Settlerrent dated June 28, 1998 is ~ ..' ;.~ ~ .. .............. .... ............ .......... ...... ... ....... ..... ............ ~ .... .~~~?~~~~~~~! ~~~.~?~.~~~~~!.~7r-7~~:...... ./1..... ...... .... ...... ... . / 7 / /" Dy 1(~ ~7rl: ^u"~f~~-7. ~<1.?Ht:l . ~~. f)~ . j7 . .,r.~~-Prolhonotary ~ ::' ~ (; .., ~ ~', ~ ~ ',' ,', ~ ,', ~ $ ~ .' ,', ~ ,', ~ ~ ~ ',' ~ ~ '.' ~ (, ~ ~ ..~ * ~ '.' .;" ~ ~ ~.~ ~ ~ ~.~ ?- ~ * ~ '.' ~ ~ s .., ~ * ~ ',' ~ ~ ~ ~ ~ ~ "":" . '>>:-. .:.:. .>>:. .:+:. .~~. ~ I':' 1;' l~ ,,---~--'_"~-,.,.~.-.'-'-~''''---'--' - ,.~. '''''' I~ ~*_~~~***~~********ro*~' " J, '"' SEPARATION AGREEMENT AND PROPERTY SETTLEMENT This Agreement, made and entered Into this 28111 day of June, 1998, between Stephanie Diane Hili, of Cumberland County, Pennsylvania, hereinafter referred to as "Wife", and Terry Edward Hili, of Cumberland County, Pennsylvania, hereinafter referred to as "Husband", WHEREAS, the parties hereto are now Wife and Husband, having been lawfully married to each other on November 23, 1984 in Parisburg, Virginia; WHEREAS, there has been one child born of this marriage between Husband and Wife, to wit: Terry Alexander Hill, born March 10, 1985, WHEREAS, the parties hereto are now living separate and apart and desire to enter into an Agreement respecting their property rights, regardless of the actual separation or other character thereof and their other rights, including the Wife's right to support and maintenance; WHEREAS, both and each of the parties hereto have been advised of their legal rights and the implications of this Agreement and the legal consequences that may and will ensue from the execution hereof, and each has had the opportunity to consult with his or her own competent legal counsel independent of each other; WHEREAS, each party warrants, as part of the consideration of this Agreement, that each has fully and completely disclosed all information of a financial nature requested by the other, and that no information of such nature has been subject to distortion or in any manner being misrepresented; and 1 WHEREAS, other than as set forth herein, Wife desires finally and forever to relinquish all of her rights to be supported by the Husband and all of her right of dower, rights as heir or surviving spouse or otherwise, actual, currently existing, or Inchoate, In and to the real and personal property of the Husband, now owned by him or which in the future may be owned by him, and all rights to alimony, alimony pendente lite, counsel fees, or expenses and, other than as set forth herein, Husband likewise wishes to relinquish all his rights of curtesy, rights as heir or surviving spouse or otherwise, actual and currently existing or inchoate in and to the real and personal estate of the Wife, currently owned by her or which she may own in the future; NOW, THEREFORE, the parties hereto intending to be legaliy bound hereby do hereby mutually agree as follows: 1, Separation, Husband and Wife do hereby mutually agree and consent to live separate and apart and do further agree that It shall be lawful for the Husband and Wife at all times hereafter to live separate and apart from each other, and to reside, from time to time, at such place or places as they respectfuliy shall deem fit, free from any control or restraint or Interference, direct or indirect, by each other, 2, No Molestation, Harassment or Interference, Neither party shall molest, harass or interfere with the other or compel or endeavor to compel the other to cohabit or dwell with him or her by any means whatsoever, 3, Mutual Property and Estate Waiver, Except as otherwise expressly set forth herein, in which event such express provision shall take precedence over this paragraph, the parties hereto intend that from and after the date of this Agreement, 2 I I \. (' , 1 /i- . 1,1 ' ill j" "~I " I, ,I ! neither shall have any spouse's rights in the property or estate of the other, and to that end both parties waive, relinquish, and forbear the rights of dower or curtesy, rights to Inherit, rights to claim or take the Husband or Wife's or family exemption or allowance, to be vested with letters of administration or letters testamentary, or to take against any will of the other, and each agrees with the other if either should die Intestate, his or her share shall descend to vest in his or her heirs at law, personal representatives, and next of kin, excluding the other as though he or she had died a widow or widower, And each further agrees that should the other die testate, his or her property shall descend to and vest in those persons set forth in the other's Last Will and Testament as though the spouse so designated as beneficiary had predeceased the testator, The parties further agree that they may and can hereafter, as though unmarried, without any joinder by him or her, sell, convey, transfer or encumber any and all real estate and personal property which either of them now or hereafter own or possess and further agree that the recording of this Agreement shall be conclusive evidence to all of his or her right to do so, The said Husband and Wife do hereby irrevocably grant, each to the other, should the exercise of this power hereby given be necessary, the right and the power to appoint one or more times any person or persons whom the Husband or Wife shall designate to be the attorney-In-fact for the other, In their name and in their stead, to execute and I. acknowledge any deed or deeds, releases, quit claims, or satisfactions, under seal or otherwise, to enable either party hereto to alienate his or her real or personal property, but without any power to impose personal liability for breach of warranty or 3 otherwise, Each of the parties hereto further waives any right of election contained In Chapter 22 of the Pennsylvania Probate Estates and Fiduciaries Code, and any right to seek or have an equitable distribution of married property ordered by the Court subsequent to Section 3502 of the Divorce Code, Each of the parties hereto further agrees that neither shall hereafter be under any legal obligations to support the other, pay any expenses for maintenances, funeral, burial, or otherwise for the other, and to that end each of the parties hereto does hereby waive any right to receive support, alimony, alimony pendente lite, counsel fees, expenses, or any type of financial assistance whatsoever from the other, except as otherwise expressly provided for herein, 4, Child Custody, The parties agree that they will share legal custody of the parties' child, Terry Alexander Hill, born March 10, 1985, The parties further agree that the Wife will enjoy primary physical custody of the child with the Husband having liberal visitation with the child, The parties further agree that they intend to respect the child's wishes as to his place of residence now and in the future, The child has indicated, currently, his desire to live with his Mother which the parties have consented to, If, In the future, the child indicates a desire to live with his Father, the parties will respect his wishes as to the living arrangement. The parties further agree that neither parent will remove the child from the Commonwealth of Pennsyivania without first informing the other parent of such plans, 4 5, Dlvlelon of Pereonal Property. The parties agrees that they have equitably divided all assets owned by them prior to the date of this Agreement. Hereinafter the Items In the possession of each party shall be owned exclusively by that party, Both parties are free to obtain other assets, In their own names, In the future, 6, Debte, The parties are joint owners of several loans, credit cards and other debts, The parties have agreed that the Husband will be solely responsible for the Beneficial Finance loan on a vacuum cleaner, the joint Member's First Federal Credit Union loan, any obligations on the Mastercard with Dauphin Deposit Bank, the joint vehicle loan with Member's First Federal Credit Union and any obligations on the Discover card In his name, The Wife will be solely responsible for a revolving loan with Dauphin Deposit which Is in her name, a Visa card with Member's First Federal Credit Union in her name, a Visa card with Citlbank In her name, a Discover card In her name and a Sears card In her name, 7, Future Debts, The parties further agree that neither will Incur any more further debts for which the other may be held liable, and If either party Incurs a debt for which the other will be liable, that party Incurring such debt will hold the other harmless from any and all liability thereof, 8, Waiver of Alimony, In consideration of the mutual agreement of the parties voluntarily to live separate and apart and the provisions contained herein for the respective benefit of the parties and other good and valuable consideration, the parties agree to waive any and all claims for any alimony, 5 9, PensIon, Both parties agree to waive any claims they may have to any pension or employment benefits of any kind, earned during the marriage, by the other party, 10, Divorce, The parties acknowledge that an action for divorce between them has been filed by Wife and is presently pending divorce between them in the Court of Common Pleas of Cumberland County to the caption Stephanie Diane Hili v, Terry Edward Hill, 98-1329 Civil Term, The parties acknowledge their Intention and agreement to proceed In said action to obtain a final decree in divorce by mutual consent on the grounds that their marriage Is irretrievably broken, and to settle amicably and fully hereby all claims raised by either party in the divorce action, The parties aCknOWledge they have executed simultaneously herewith the necessary Affidavits of Consent for,the entry of a final divorce decree in that action, 11, Breach, In the event that either party breaches any provision of this Separation and Property Settlement Agreement, he or she shall be responsible for any and all costs incurred to enforce the terms hereof, including, but not limited to, court costs and reasonable counsel fees of the other party, In the event of breach, the other party shall have the right, at his or her election, to sue for damages for such breach or to seek such other and additional remedies as may be available to him or her, 12, Enforcement. The parties agree that this marital settlement agreement or any part or parts hereof may be enforced in any court of competent jurisdiction, ;1 " '! ('! 1'1 !; ~ 6 13, Applicable Law and Execution, The parties hereto agree that this marital settlement agreement shall be construed under the laws of the Commonwealth of Pennsylvania and shall bind the parties hereto and their respective heirs, executors and assigns, This document shall be executed as original and multiple copies, 14, The Entire Agreement. The parties acknowledge and agree that this marital settlement agreement contains the entire understanding of the parties and supersedes any prior agreement between them, There are no other representations, warranties, promises, covenants or understandings between the parties other than those expressly set forth herein, 15, Incorporation In Judgment for Divorce, In the event that either husband or wife at any time hereafter obtain a divorce In the action for divorce presently pending between them, or otherwise, this agreement and all of its provisions shall be incorporated into any such judgment for divorce, either directly or by reference, The Court, on entry of judgment for divorce, shall retain the right to enforce the provisions and terms of this marital settlement agreement. 16, Additional Instruments. Each of the parties shall on demand or within a reasonable period thereafter, execute and deliver any and all other documents and do or cause to be done any other act or thing that may be necessary or desirable to effectuate the provisions and purposes of this Agreement. If either party falls on demand to comply with this provision, that party shall pay to the other all attomey's fees, costs, and other expenses reasonably Incurred as a result of such failure, 7 _ O^ 00,6 '~' ~ , ~ ~ Cl ~ ~ ~ '- ~ \':') l. r- C'J Cl lA ~ ~ ., '" -- -.... ~ . . 0 . , ~ ~;J ~ ~~~ , :-J ,,::rJ ,-- VI ~ ,,' -:-:-,.,-, \\~ " 10 fJ \J '--' . 'v) '-'I to.,. ".- ) ~~ .c::, _'I.) ~~~ - " ~) ;..:jrn C) :::J " :~ (.J :"1 -~ ~ STEPHANIE DIANE HILL, Plaintiff, : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA v, , , : NO, 98-1329 CIVIL TERM TERRY EDWARD HILL, Defendant , : CIVIL ACTION - LAW : IN DIVORCE WAIVER OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDEI1 SECTION 3301(0) 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 concemlng 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 wllJ 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 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, \",,-~g~ <:\.~ Date ~,yc--~~-<' ~"'~~~ Terry Edward ill , , \ I ,/ i I I) I, I ~ I /' II 1'1; .' ' 0: , i'l ; 'j I' ; '. I : I , I ~. . ,. I .,' I, I, l } i ">~ . , if '. I. I' , , ~'.. (; .0 n ~-:-; ~o "iI " '- --, i; li) /-.:.: ,- fY;;:~.' "- ,; ::n "r'- .....~ '~',rn '.0 "I~ l'J ,I r:'~ t.. '~'I . ~? . .~ -Tl ~- :Tl ..;'~ ("'. : !i:'5 ~:_(' ~) ijrn "';:~ -1 :.n ....... :< ~ (::J -<