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HomeMy WebLinkAbout98-01598 M " ~ U l/)I I ~ ~\ III \ I ) / , d (" " ~ - '.. .:l .. <:J I boo ~ ,\0 ...... , Q ~'I ... '- (") ...... ~ ("; l:; r;., I- .- ":> ('] ,..., h:9) lJJ..,,-. (')l''''. .... '::)~:c rt:c ! L~ ":,~) ;;.J '\'1\ ~t:" :\'(.J) u' " 12} IT: ~.l'_ (.l 1(. ~iJ ,I.JI '( LI-l ~.9':a.. I,; p .d.: ~ CO ::;) C/' 0 , CRAIG S, SEARS, 1~llIlnlitf v, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO, 98-1598 CIVIL TERM CIVIL ACTION - LA W IN DIVORCE JEANNE SEARS, Defendant SEPARATION AGREEMENT AND PROPERTY SETTLEMENT -- .-.... This Agreement, made and entered into this ..9...J1:t_ day of _ ~"'~~--:!L, 1998, between JEANNE SEARS, of Cumberland COlUlty, Pennsylvania, hereinal\er referred to as "Wife", and CRAIG S. SEARS, of Cumberland County, Pennsylvania, hereinafter relerred to as "Husband", WHEREAS, the parties hereto are now Wife and Husband, having been lawfully mllrried to each other on June 6, 1995 in New Kingston, Cumberlnnd COlUlty, Pennsylvania; WHEREAS, the parties hereto are now living separate and apart and desire to enter into an Agreement rcspeeting 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 cOlmsel independent of each other; WHEREAS, each party wan-ants, as part of the consideration of this Agreement, that each has fully and completely disclosed all infonnation of a financial nature requested by the other, and, that no infonnation of such nature has been subject to distortion or in any manner being misrepresented; and 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 ofh~r right of dower, rights as hell' or surviving spollse or otherwise, actual, cun-enlly existing, 01' inchoate, in and to the real and per~onal property of the H'Jsband, now owned by him 01' which 1/1 the Illture may be owned by him, and allribhts 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 cnrtesy, rights as heir 01' surviving spouse or otherwise, actual and currently existing 01' Inchoate in and to the real and personal estate of'the Wife, cluTenlly owned by her 01' which she may own in the future, and all rights to alimony, alimony pendente lite, counsel fees or expenses; NOW, THEREFORE, the parties hereto intending to be legally 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 respectfully shall deem fit, free from any control or restraint 01' 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 olher to cohabit or dwell with him 01' 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 fi'om and after the date of this Agreement, 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 cllrtesy, rights to inherit, rights to claim 01' 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 01' .2~ her share shall descend to vest in his 01' her heirs at law, personall'epresentatives, amI next of kin, exelnding the other as though he 01' she had died a widow or widower. And each further agrees that should the other die testate, his or her propeliy shall descend to and vest in those persons set forth in the other's Last Will and Testament as though the spOllse so designated as beneficiary had predtlceased the testator, 'Ole parties lltrther agree that they may and can herealler, as though unmalTied, 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 lInd fwiher agree that the recording of this Agreement shall be conclusive evidence to all of his or her right to do so, TIle said Husband and Wife do hereby il1evo~ably 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 attomey-In.fact for the other, in their name and in their stead, to execute and 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 personlllliability for breach of warranty or 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 distdbution 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 lindeI' 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, coullsel fees, expenses, or any type of financial assistance whatsoever from the other, except as otherwise expressly provided for herein. 4, Division of Personal Property. A. Except os otherwise provided herein, the parties agree that all items of personal property obtained by the parties dlll'ing their marriage had been divided amongst the parties .3. to their mutual satisfaction, Henceforth, each of the Pllrties shall own, have and elUoy, independently of IIny cllllm of right of the other pll11y, all items of personlll property of every kind, nllture and description IInd wheresoever situllted which lire now owned Ill' held by or which may hereinllfter belong to the Husband or Wife respectively, with full power to the Husbllnd 01' Wife to dispose of the same as fully and elfectulllly in allrespecls and for all purposes as if he or she were lUlman-ied, B, The parties agree that the 1979 Subllru and 1988 Lincoln Town em shall be the sole and sepllr'ite property of Wife, IInd thllt the 1994 Ford Aerostllr and 1993 Ford Econoline Vlln shllll be the sole and seplll'llte property of Husbllnd. Elich pllrty agrees to be solely responsible for any and 1111 indebtedness on the respective vehicles and further agree to hold each other hannless and indemnify the other in the evcnt of any default on said obligation, Within ten (10) days of the dllte of this Agreement, each party should execute any necessary titles or other documentation to insure that the terms of this pal'llgraph arc met. 5. Debts, A. The Pllrties hereby acknowledge to one another that there are not presently any joint debts or other obligations of the partks, except as expressly provided herein. The parties further agree that any debt or other obligation of each respective party shall be the sole obligation of that party and that the parties will hold harmless and agree to indemnify the other in the event of any default on any of those said obligations, B, Within thirty (30) dllYs of the execution of this Agreement, Wife shall pay to Husband the sum of Four Hundred Ninety-Seven ($497.00) Dollars, representing reimbursement to Husband of the bill for dental services incurred by Husband for which Wife received the insurance proceed3, ,4. 6. Future Debts, 'Ole parties f1ll1her agree thut nelthel' will incul' uny more further debts for which the other muy be held Iluble, and if either party incUl's It debt for which the other will be liable, thut purty incurring such debt will hold the other hltrmless thlll1 any and all liability thel'Cof. 7, Real Property, 'Ole parties agree that the real propel1y located at 212 Ridge HIli Road, Silver Spring Township, Cumberland County, Pennsylvania, titled in the name of Wife, shall remain the sole and separate property of Wife, Wife shall be solely responsible for any and all outstanding mortgage obligation as to said property and further agrees to hold hannless and indemnify Husband in the event of any default in regard to said obligations, 8, Time Share, The parties are joint owners of a Marriott time shltre located at Mnnor Club at Ford's Colony, Williamsbur!(, Virginia, The paliies agree that thiq time share shall be sold at the earliest possible time, Each party shall be responsible for one-half ($125,00) of the $250,00 processing fee charged by Marriott for the purpose of handling the sale, In the event that there is nny deficiency as a result of this sale, Husband and Wife shall each be solely responsible for one- half of said deficiency and shall hold each other hannless and indemnity each other as to any liability for each other's respective share of said deficiency, In the event that net proceeds are realized from the sale of this time share, Husbnnd and Wife shall divide equally said proceeds between them in two equal shares. 9. Business. Husband is sole pl'Oprietor of a painting business known as "Shining AnnoI' Painting," All interest in said business, including all assets and liabilities, shall remain the sole and separate property of Husband and Wife hereby waives any claims she may have to any interest whatsoever as to the assets, liabilities, or Income in said business venture. 10. 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 nnd all .5. claims for any alimony. II. Pension. Both parties agree to waive any claims they may have to any pension 01' employment benefits of any kind, eal'l1ed during the marriage, by the othcr party. 12. Bankruptcy. The parties acknowledge and agree thnt t.hey have specifically structured this Agreement so that the terms, covenants, nnd conditions set. forth herein are non- dischargeable in bankruptcy, under II lJ.S,C.~523(a)(5), ~523(a)(15), or otherwise, It is tlu1her specifically acknowledged, represented nnd understood that as part of the consideration of the making ofthis Agreement, that: (a) Such obligation is for alimony to, n\nintenance for 01' support of the other party; (b) The pal1y filing banknlptcy, hcreafter the "Filing Party," has the ability to pay such dcbt from income or property not reasonably necessnry to be expended for the mllintenance or support of the Filing Party 01' of a dependent of the Filing Party or if such party is engnged in a business, for the payment of expenditures neccssary for thc continuation, preservation and operation of such business; ( c) Discharging such debt will not result in a benefit to the Filing Party that would outweigh the detrimental consequcnces to the other party or a child of the Filing Party, Both parties further acknowledge that the preceding tenns and representations set f011h their actual intent. 13. Divorce, The parties acknowlcdge that an action for divorce between them has been filed by Husband and is presently pending between them in the Court of Common Pleas of ClUnberland COlmty to the caption Craig S, Sears, Plaintiff, v, Jeanne Sears, Defendant, No, 98- 1598 Civil Tenn. The parties acknowledge their intention and agreement to proceed in said action to obtain a final decree in divorce by mutual consent on the grOlmds that their malTiage Is IlTetrievably 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, .6. 14. Breach. In thc cvent that cithel' p1ll1y brcaches IIny provision of this Sepllmtion and Property Scttlemcnt Agrcemcnt, hc or shc shall be responsiblc for IIny IInd nil costs incurred to enforcc thc terms hercof; including, but not Iimitcd to, c011l1 costs nnd rCllsonable counscl fees of thc othcl' p1ll1y. In the cvcnt of brcllch, thc other p1\l1y shall hllve the right. lit his or hCI' clcction, to sue for damagcs for such breach or to eeek such other and IIdditional remedics ns may be available to him or her. IS. Enforcement, The parties agree that this marital settlcment agrecmcnt 01' allY part or parts hereof may bc enforced in any COl1l1 of competent jurisdiction, 16. Applicable Law and Execution, The pal1ies hereto agree that this marital settlement agreement shall be construed under thc laws of the Commonwealth of Pennsylvania and shall bind the parties hercto and thcir rcspectivc heirs, executors and assigns. This documcnt shall be executed as original and multiple copies, 17. The Entire Agreement. The parties acknowledge and agree that this mnrital settlement agreement contains the entire understanding of the parties and supersedes any prior agreement between them, There are no other representntions, warranties, promises, covennnts or lmderstandings bctween the parties othcr than thosc expressly set forth herein, 18. Incorporation and Judgmcnt for Divorce, In the event that either husband or wife at any time hereafter obtaiu a divorcc in thc 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, shnll retain the right to enforce the provisions and temlS of this marital settlement agreement. 19, Additional Instruments, Each of the parties shall on demand or within a reasonablc period thereafter, execute and deliver any and all other docl1lncnts and do or cause to be done any other act or thing that may be necessary 01' desirable to effectuate the provisions and purposes of this Agreement. If either party fails on demand to comply with this provision, that .7. v, : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA ; NO, 98- / ,'/ 'i' .1" CIVIL TERM CRAIG S. SEARS, Plaintifl' JEANNE SEARS, Defendant : CIVIL ACTION. LA W : IN DIVORCE COMPLAINT IN DIVORCE 1. Plaintiff is Craig S. Sears, an adult individual, currently residing at I E. Factory Street, Apt. 2, Mechanicsburg, Cumberland County, Pennsylvania, 2. Defendant is Jeanne Sears, an adult individual, (lurrently residing at 212 Ridge Hill Road, Silver Spring Township, Cumberland County, Pennsylvania, 3. Plaintiff and Defendant are bona fide residents of the Commonwealth of Pennsylvania and have been so for at least six months immediately previous to the filing of this complaint. 4. Plaintiff and Defendant were marri~d on June 6, 1995 in New Kingston, Cumberland County, Pennsylvania, 5, TIlere have been no prior actions for divorce or annulment between the parlies, 6, TIle Defendant is not a member of the Anned Forces of the United States of America, or its Allies. 7. TIle Plaint lIT has been advised of the availability of counseling and the right to request that the CO\1lt require the parties to participate in counseling, Knowing this, the PlaintilT does not desire that the Court require the parties to palticipate in counseling, 8. Plaintiff and Defendant are citizens of the United States of America, 9. TIle palties have lived separate and apart since on or about August 23, 1997, and continue to live separate and apart ItS of the date of this Complaint, 10. The palties' marriage is irr~trievably broken. ,-, \~ , ~ '1 '~ .~ 'f4 ~ ,~ ~~ ~ ~ ;i j ,'i ).. :2 :~ ~ I ..! ~ .J ;1. >- c> >- (.r; ("': ,-' ~:,;.. ,;,' " .. 1,-1' (~ 111,~l -.. ( 1'/" ;..~ ~"'1~ .~, ( ) (~: I!' 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