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HomeMy WebLinkAbout98-01498 ~ " " f ~ f., ..'.~ .t '- .J . ".~, \. , " fr' /~'. .' " s \ I , J / ( .. .... ~ --- . - .'";) - CJ 00 0- ::r- - I ' ()o ~ . ~ .. . . ," ~.~.~~*~*~-*~~~~.*~~***')"~*..*::_..~-~,~'~~ ~ --~_._------_.~-_._-,.~,-_.._----~-'~ ~ ~ ~.~ ~ ~.~ ,', ~ ,', ~ ~ ',' ;ti W ? w ~.~ i >~ ,', ~ ~ ~.; ~ ~ ~ " " ~ y ~ The court retains jurisdiction of the following claims which have w. been raised of record in this action for which a final order has not yet ~ been entered; ~O~ ~ ,. .. . . ,~~~. .l-!~~~.t.~~. ~.e.~~~~.~e;~~. .~~~~~.~e;r:!:. .~~~~~ ..:r\l!1.~ '?~'" .1, ~~~, AI!'. , ~ ; .~~~?X:I?'?Fa.t~c;1,. .b~~. .~C?~. !".E\I;'3~~. .~I;It:? .t:J:1~. .q~C;:F.~~:. . , .. . , , . . . .. , . . . .. . ,', ,.//' ~ ~ / // Q D y d ' fo~ . / ~ ; ^"~....; %;;d;' : ; ", 17 ' notL J' ~lho~~lnr~"" ~ t},-:.:-. -:.:- .:..:. ~:. .:.:. ~.;. .:.:. .:.;. .:.;.~.;. .:.;. .:.} .:.:. ':.;-':+::::;;~-::+::':;::~;;'::;;~{O:'--::;::-::.;:'*{.:::-:i;-::.; ~ ;;; ~ i:i ~ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY STATE OF ;~~e PENNA. ""~,!,,,,"r ~ ~ $ ~ ? ~ ~ " '.' .....,..~.()~,^.~,N...?~, M~~TZEll, " II II d 'I N I), ...,..9,~.::,~.,4..~~ ..........'...... Plaintiff Vel'Sl1~ ....,..../oI,^.~J(,~~..l>I~LTZ.ER, , I , , , . , ' , ' , , ' , , , i ,I I ,I Defendant DECREE IN DIVORCE AND NOW". ,)~ .t!1........... 19.. ,~ll., it is ordered and decreed that.. ,....." .,... .. .I:I?~~~.l'! .'?'. .l-!ij:~7'.z.~~., ,. . ."..., plaintiff, and....................... !'I.~~'.<. !'I.'. ,t:l~~'r:~'!l~....,..........., defendant, are divorced from the bonds of matrimony, ~ ~ $ a ',' e ~.; ~ ~ ~'. ,;; ~ ,', * ~ ~ ~.; ,', ~ ,', ~ ,'. ~ ,.; l'i !~ ,', ~ ,', ~ :; ro1 ~.~ ~.; ~ '. !!! h ,', ~ ,', ~ W. ~.: .' ro1 i": ~ ,', ~ ~ \.~ w ~.~ ~ ..~ v ..~ ~ '.' ,', ~ ~, "'. ", MARITAL SETfLEMENT AGREEMENT THIS AGREEMENT, made this ~ day of . \ul\L 1998, by and between MARK M. MELTZER, hereinafter referred to as "HUSBAND", and LORAIN D. MELTZER, hereinafter referred to as "WIFE". WITNESSETH, That: WHEREAS, the parties hereto are husband and wife, having been lawfully joined in marriage on December 31, 1973, in Chicago, Illinois, WHEREAS, it is the intention of the parties to settle fully and finally their respective financial and property rights and obligations as between each other arising out of the marriage relationship or otherwise, including without limitation (I) the settling ofall matters between them relating to the ownership of real and personal property; (2) the settling of all matters between them relating to the past, present and future support and/or maintenance of HUSBAND and WIFE, and (3) the settling of all matters between them relating to any and all rights, titles and interests, claims and possible claims in or against the estate of the other. NOW THEREFORE, with the foregoing recitals being hereinafter incorporated by reference and deemed an essential part hereof in consideration of the foregoing recitals, the mutual prornises, covenants and undertakings herein set forth, and for good and valuable consideration, receipt of which is hereby acknowledged by each of the parties hereto, HUSBAND and WIFE, each intending . ", to bc legally bound hereby, covenant and ogree as follows: 1. ADVICE OF COUNSEL HUSBAND and WIFE declare that they have each had a full and fair opportunity to obtain independent legal advice of counsel of their selection, WIFE has bcen independently represented by Barbara Sumplc-SulIivan, Esquire. HUSBAND is cognizant of his right to Icgal represcntation and declares that he has been independently represcnted by John J. Connelly, Jr., Esquire, Each party further declares that they are executing this agreement frecly and voluntarily, having obtained such knowledge and disclosure of they legal rights and obligations and that they acknowledge that this agrecmcnt is fair and equitable and is not the result of any fraud, coercion, duress, undue influence or collusion. 2. PERSONAL RIGHTS HUSBAND and WIFE rnay and shall, at all times hereafter, live separate and apgrt. Each shall be free from all control, restraint, interference or authority, direct or indirect, by the other in all respects as is she or he were unmanied, except as may be necessaJY to carry out the provisions of this Agreement. Each may reside at such place or places as she or he may select. Each may, for his or hcr separate use or benefit, conduct, carry on and engage in any business, occupation, profession or employment which to him or her may seem advisable. This provision shall not be taken, however, to be an admission on the part of either HUSBAND and WIFE of the lawfulness of the causes which led to, or resulted in, the continuation of their living apart, HUSBAND and WIFE shall not rnolest, harass, or malign the other or the respective farnilies of each other, nor compel the other to cohabit or dwell in any manner with hirn or her, nor in any way interfere with the peaceful existence, separate "...-~-~ ., ~ '. comes first. 7. MOTOR V.:HTCLES WIFE ,shall have sole title and ownership of the parties' 1996 Blazer which was traded in for the 1998 Blazer, WIFE shall also have sole title and ownership of the parties' 1977 Chevrolet COIvelle. HUSBAND shall have sole title and ownership of the parties' 1996 Corvette Grand Sport. None of these vehicles are encumbered, WIFE also has title jointly with the parties' son to a 1995 Cavalier which vehicle is encumbered with a lien owing to M&T credit, which lien has been co-signed by HUSBAND and WIFE, WIFE shall agree to indemnifY HUSBAND and hold HUSBAND harmless against said indebtedness and shnII be solely responsible for said lien, WIFE shall obtain a release of HUSBAND from said lien as soon as possible and will make a bonalide effort t~ secure the release, Title to the vehicle shall transfer solcly to the son's name when WIFE deems appropriate, 8. PENSION Each party hereby waives any and all claims that he or she may have against the other to any pension, employee saving or other stock benefit program of the other, if applicable, 9. BANK ACCOUNTS AND TNVESTMl:NTS The parties maintain jointly held accounts with Mellon Bank and Prudential. The parties acknowledge that thc Mellon account is the account from which direct payment for the home equity loan is made. This account must remain in joint names until the loan is either satislied or transferred 5 . 11. MUTUAL WAlVER AND RELEASE OF RIGHTS AND CLAIMS CONFERRED BY THE PENNSYLVANIA DIVORCE ACT OF 1980. AS AMENDED HUSBAND and WIFE acknowledge and agree that the provisions of this Agreement are fair, adequate and satisfactory to them, Both parties agree to accept the provisions set forth in this agreement in lieu of and in full and final settlement and satisfaction of all claims and demands that either may now or hereafter have against the other for equitable distribution, alimotly, alimony pendente lite, counsel fees, costs and expenses or other provisions for their support and maintenance before, during and after the commencement of any proceeding for divorce or annulment between the parties. 12. AFTER ACOUTRED PERSONAL PROPERTYIFUTURE EARNINGS Each of the parties shall hereafter own and enjoy independently of any claim or right of the other, all items of personal property, tangible or intangible, hereafter acquired by HUSBAND or WIFE, with full power in 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, 13. ALIMONY. SUPPORT AND MAINTENANCE Both parties acknowledge and agree that the provisions of this Agreement providing for equitable distribution of marital property are fair, adequate and satisfactory to them and are accepted by them in lieu of and in full and final satisfaction of any claims or demands that either may now or 7 , " hereafter have against the othcr for support, maintenMce or alimony, HUSBAND and WIFE furthcr, voluntarily and intclligcntly, waive and rclinquish any right to seck from the othcr any payment for spousal support, alimony and maintenance. 14. SUlJSEOUENT DIVORCE A decree in divorce, entered by a court of competent jurisdiction to either party, shall not suspend, supersede or affect the tenns of this Agreement. Both parties agree to enter a Consent Decree concerning the provisions of this Agreement in the Court of Common Pleas of Cumberland County, Pennsylvania, or any other Court of competent jurisdiction, as a part of a resolution of any divorce action filed. This Agreement, and the tenns and conditions contained hercin, as well as the enforcement of said tenns and conditions, shall not be contingent upon the granting of a Divorce Decree to either party by the Court of Common Pleas of Cumberland County, Pennsylvania, or any other Court of competent jurisdiction, Furthennore, both parties hereto agree to timely execute the appropriate affidavits and consents to secure a No-Fault Divorce as may be required by the Divorce Code of 1980, as amended. Both parties hereto agree that this Agreement may be incorporated into a separate Court Order but shall not merge in such order in the Court of Common Pleas of Cumberland County, Pennsylvania, 15. OTHER DOCUMENTATION HUSBAND and WIFE covenant and agree that upon request of the other party, they will forthwith execute and deliver to the other party, any and all written instruments, assignments, releascs, satisf.1ctions, decds, notes or such other writings as may be necessary or desirable for the 8 " proper effectuation of this Agreement. 16. MUTUAL WAIVER AND RELEASE OF RfGRTS AND CLAIMS IN ESTATE Each party hereby releases, waives and relinquishes any and all rights which he or she may now have, or may hereafter have, against the other party under the present or future laws of any jurisdiction (a) to share in the estate of the other party upon the other party's death and (b) to act as executor/rix or administrator/rix of the other party's estate. 17. MUTUAL RELEASE HUSBAND and WIFE each do hereby mutually remise, release, quitclaim and forever discharge the other and the estate of such other, for nil 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 income and gain from property hereafter accruing) of the other or against the estate of such other, of whatever nature and wheresoever situate, which she or he now has or at any time hereafter may have against such 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 equitable distribution, dower or courtesy, or claims in the nature of dower or courtesy of 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 other country, or and rights which HUSBAND or WIFE may have or at any time hereafter have for 9 thc past, prcscnt or future support or maintenance, nIimony, nIimony pendente lite, counsel fees, costs or expenscs, whethcr arising as a rcsult of thc marital relation or otherwise, except, and only except, all rights and Agrccments and obligations of whatsoever nature arising or which may arise under this Agreement or for the breach of any thereof. Each of the partics hereto furthcr covenants and agrees for himself and herself and his or her heirs, executors, administrators and assigns, that he or she will never, at any time hereafter, sue the other party or is or her heirs, executors, administrators and assigns, for the purpose of enforcing any of the rights relinquished under this paragraph. Each of the parties further covenants and agrees that he or she wiU permit any will of the other to be probated and allow administration upon his or her personnI, real or mixed estate and nIlow effects to be taken out by the person or persons who would have becn entitled to do so had HUSBAND or WIFE died during the lifetime of the other. Each of the parties hereby releascs, relinquishes and waives any and aU right to act as executor or executrix or administrator or administratrix of the other's estate. It is the intcntion of HUSBAND and WIFE to give to each other by the execution of this Marital Settlement Agreement a full, complete and general release with respect to any and all property of any kind or nature, real, personal or mixed, which the other now owns or may hereafter acquire, except and only except aU rights and Agreements and obligations of whatsoever nature arising or which may arise under this Agreement or for the breach of any thereof. 10 " . 18. SUCCESSOR'S RIGHTS AND UABILITrES This Agrcemcnt shall, except as otherwise provided herein, be binding upon and inure to the bencfit of the parties hereto, their respective heirs, executors, administrators, successors or assigns, 19. SEVERABILITV If any provision in this Agreement is held by a court of competent jurisdiction to be invalid, void, or unenforceable, the remaining provisions shall nevertheless continue in full force and effect without being impaired or invalidated in any way. 20. ENTIRE AGREEMENT HUSBAND and WIFE do hereby covenant and warrant that this Agreement contains all of the representations, promises and Agreements made by either of the!l1 to the other for the purposes set forth in the preanlble hereinabove; that there are no claims, promises or representations not herein contained, either oral or written, which shall or may be charged or enforced or enforceable unless reduced to writing and signed by both ofihe parties hereto. 21. BINDING EFFECT OF AGREEMENT/W AIVER This Agreement shall remain in full force and effect unless and until terminated under and pursuant to the temlS of this Agreement. 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