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HomeMy WebLinkAbout98-01822 ~.I ~I f-I ~ u ~ . ~ , ...... ~ ,~ -( \, \I) '>c .J " ~ r} J\ I I / '1 J j~ I 1" II , J'- t"- ~ r ;-- ~ .;;:) ~.J , , r-J c-t . . Queehall Age/..n, iS/lo.n, 98/12.6,99 SEPARATION AGREEMENT THIS IS AN Agreement made this q"'- day of futwv~ , 1999, by and between Richard E. Gutshall, Jr., of 153 Oak Hill Road, Carlisle, Cumberland County, Pennsylvania, (herei~ft~r referffed to as Husband) and Debra Rae Gutshall, of ,..,~o V.II,., .",( )A;C'U~e:lalld County, Pennsylvania, (hereinafter referred to as Wife). ('f 0/"' 7 WHEREAS, Husband and Wife were married on May 3, 1994, in Newville, Cumberland County, Pennsylvania; and WHEREAS, the parties desire to maintain separate and permanent domiciles and to live apart from each other; and WHEREAS, the parties desire to enter into an amicable settlement to provide for all of the property rights of the partielJ and to dispose of the rights and obligations of each to the other in respect to support, maintenance, alimony, counsel fees, equitable distribution, and all other rights and obligations under the Divorce Code of 19/10, as amended, and it is the intention and agreement of the parties that this Agreement be a full, complete and final settlement of all of those rights and obligations under said Divorce Code; and NOW, THEREFORE, for and j,n exchange of mutual considerations, and intending to be bound by the provisions hereof, the parties agree that their recitals form a part of this Agreement and waive any right to counseling under the Divorce Code of 1980, as amended, and right to counsel fees, costs, alimony, support, maintenance, and any other rights under the said Divorce Code not provided for herein and agree as follows: 1. SEPARATION. The parties agree that it shall he lawful for each party, at all times hereafter, to live separate and apart from the other, at such place or places as he or she may, from time to ~ime, choose or deem fi t. Each party shall be free from interference, authori ty or contact by the other, as fully as if he or she were single and unmarried. Nei ther party shall molest the other or attempt t.o endeavor to molest the other, nor compel the other to cohabi t wi th the other, or in any way harass or malign the other, nor in any way interfere with the peaceful existence, separate and apart, from the other. 2. REAL ESTATE. Husband and Wife jointly own the marital residence located at 153 Oak Hill Road, Carlislei Cumberland County, Pennsylvania (hereinaft.er the "Real Estate"). The Real Estate presently has an outstanding mortgage in favor of PNC Mortgage. Wife shall deed any rights, title an interest he/she has in the Real Estate to Husband. Husband shall refinance the PNC mortgage and remove Wife's name from the obligation and solely bear the financial responsibility of the property. Husband shall be solely responsible for all mortgage payments, liabilities, taxes, assessments, insurance and the cost of maintenance on the Real Estate. Husband shall indemnify and hold Wife harmless from any liability, claims, causes of act~on, suits, or litigation for money owed, damages, indirect or consequential, including legal fees, arising out of failure of Husband to so pay such liens and encumbrances. 3. AUTOMOBILES. Wife shall have as her sole and exclusive property, title to and possession of the 1995 Chevrolet Beretta. Husband shall have as his sole and exclusive propert.y, title to and possession of the 1995 Ford Ranger. Wife shall cause to have Husband's name removed from the obligation on the loan, if any, wi th PNC Bank, which is secured by said 1995 Chevrolet Beret ta. Husband shall cause to have Wife's name removed from the obligati.on on the loan with Provident Bank of Maryland for the loan, which is securud by the 1995 Ford Ranger. Each party shall be solely responsible for all loan payments, insurance and the cost of maintenance of the respective vehicles. Each shall indemnify and hold the other harmless from any liability on any loan encumbering the respective vehicles, cost of repairs, maintenance, registration, insurance and/or inspection of the vehicle which each is taking as his/her sole and exclusive property. 4. pERSONAL PROPERTY. The parties have divided or have agreed to a division of their personal property which includes bank accounts, jewelry, clothing, furniture and other personal items. Each party is to retain any and all personal property in their respective possession as of the date of execution of this Agreement, with the exception that Husband is to transfer to Wife the following items of personal propE!rty if still in Husband I s possession and not already transferred to Wife: Blue couch and chair, surround sound stereo, small TV in bedroom, false fireplace in basement, loveseat, 2 old stands, upright freezer, push mower, Wife's stereo, flowers, rocks from Colorado, son's basketball net, amm film of children, and birdhouse made by son. Husband shall cause to have Wife's name removed from the loan with Northwest Consumer which is secured by a Wheel Horse lawn tractor and Husband shall be solely responsible for all loan payments and the cost of maintenance of said lawn tractor and shall indemnify and hold Wife harmless from any liability, clai.ms, causes of action, suits or litigation for money owed, damages, indirect or consequential, including legal fees, arising out of failure of Husband to so pay such loan. After the aforesaid division of the personal property is complete, any and all property in the possession of Husband shall be his sole and separate property and any and all property in the possession of Wife shall be her sole and separate property. Each party forever renounces whatever claims he/she may have with respect to the property which the other is taking. Each party understands that he/she has no right or clai.m to any property acquired by the other after the signing of this Agreement. 5. PENSION/RETIREMENT P~. Wife hereby releases any and all claims or demands she may have on Husband's pension or retirement benefi ts. Husband hereby releases any and all claims or demands he may have on Wife's pension or retirement benefits. 6. CASH PAYMENT TO WIFE. Husband shall pay to wife the sum of Thirty Thousand and 00/100 Dollars ($30,000.00) in cash to Wife, payable upon Husband I s receipt of the Deed to the Real Estate signed by Wife, as provided for in Paragraph Two. 7. DEBTS. With respect to a VISA consumer credit card with Cornerstone Federal Credit Union, Husband shall assume the obligation on said credit card debt. Husband shall be solely responsible for all payments on said credit card and shall indemnify and hold Wife harmless from any liability, claims, causes of action, suits or litigation for money owed, damages, indirect or consequential, including legal fees, arising out of failure of Husband to so pay such credit card. The parties represent and warrant to each other that neither has incurred any other debts nor made any other contracts for which the other or nis/her estate may . be liable, from date of separation forward. Neither party shall contract nor incur any debtor liability for which the other or his/her property or estate might be responsible and agrees to indellUlify the other from any claims made against the other because of debtS/obligations not incurred by the other. 8. BURIAL LOTS. Wife shall receive as her sole and exclusive property, title to and possession of burial lots located at Cumberland Valley Memorial Gardens. Wife shall solely bear the financial responsibility for payment for the purchase of said lots and shall indemnify and hold Husband harmless from any liability, claims, causes of action, suits, or litigation for money owed, damages, indirect or consequential, including legal fees, arising out of failure of Wife to so pay such obligation. 9 . ALIMONY. ALIMONY PENDE~ LITE. SUPPORT 011' SPOUSE. The part ies waive any and all right to receive f!'om the other any payment of alimony, al imony pendente li te, and/or spousal support. 10. &mOTIVE DATE. The effective date of this Agreement shall be the date of execution by the parties if they had each executed the Agreement on the same date. Otherwise, the execution date of this Agreement shall be defined as the date of execution by the party last executing this Agreement. 11. DIVORCi. Husband has filed a Divorce Complaint in the Court of Common Pleas of Cumberland County, Pennsylvania, at 98-1822 Civil Term claiming that the marriage is irretrievably broken under the No-Fault Mutual Consent Provisions of Section 3301(c) of the Pennsylvania Divorce Code. The parties agree to execute any and all affidavits or other documents necessary for the parties to obtain an absolute divorce pursuant to Section 3301 (c) of the Di vorce Code including waiver of all rights to request Court- ordered counseling. Wife shall deliver her Affidavit of Consent and Waiver of Notice to Husband upon Husband's refinance of the mortgage upon the Real Estate. 12. XNCORPORATION INTO DECREI. 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 par.ties hereby consents and agrees that this Agreement and all of its covenants shall not be affected in any way by any such separation or divorce; and that nothing in any such decree, judgment, order or further modification and revision thereof shall al tel', amend or. vary any term of this Agreement, whether or not either or both of the parties shall remarry, it being understood by and between the partes hereto that this Agreement shall sunrive and shall not be merged into any decree, judgment, or order of di.vorce or separation. It is specifically agreed, however, that a copy of this Agreement or the substance of the provisions thereof, may be incorporated by reference into any divorce, judgment or its dec~ee. This incorporation, however, shall not be regarded as a merger, it being the specific intent of the parties to permit this Agreement to survive any judgment and to be forever binding and conclU/;live upon the parties. 13. ~UAL RELEAS~. Husband and Wife do hereby mutually remise, release, quit claim or forever discharge the other and the estate of Such other, for all Urns to come, and for all purposes whatsoever, from any and all rights, title and interest, or claims in or against the estate of such other, of whatever nature and wherever situate, which he or she now has or at anytime 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 dower or curtesy of 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 or other rights of the sunriving spouse to participate in a deceased spouse's estate, whether arising under the laws of Pennsylvania, any state, commonwealth or territory of the United States, or any other country or any right which either party may now have or at anytime hereafter have for past, present or future support or maintenance, alimony, alimony pendente lite, counsel fees, costs or expenses, whether arising 1I.S a result of the marital relation or otherwise, except and only except all rights and agreements and obligations of whatsoever nature arising or which may arise under this Agreement or for the breach of any provision thereof. It is the intention of Husband and Wife to give to each other by the execution of this 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, ex,cept and only except all rights and agreements and obligations of whatsoever nature arising or which may arise t,mder this Agreement or for the breach of any provision thereof. 14. COUNSEL FEiB. Each party individually covenants and agrees that he or she will individually assume the full and sole responsibility for legal expenses for his or her attorney and court costs in connection with any divorce action which may be brought by either party and shall make no claim against the other for such costs or fees. 15. ADDITIONAL I~STRUMENTS. Each of the parties shall, from time to time, at the request of the other, execute, aCknOWledge and deliver to the other party any and all further instruments or documents that may be reasonably required to give full force and effect to the provisions of this Agreement. 16. MODIFICATION OR WAIVER. A modification or waiver of any of the provisions of this Agreement shall be effective only if made in writing and executed with the same formality as this Agreement. The failure of either party to insist upon the strict perfol~ance of any of the provisions of this Agreement shall not be construed as a waiver of any subsequent default of the same or similar nature. 17. ENTIRE AGREEMENT. Thia Agreement contains the entire understanding of the part ies and there are no represent at ions, warranties, covenants or undertakings other than those expressly set forth herein. lB. IEPARATE PARAGRAPHS. It is specifically understood and agreed by and between the parties thereto that each paragraph hereof shall be deemed to be a separate and independent agreement. ". P'''''''' 1f eiCher perCY breach" anY previaion 0' chi' ..ree..nc . che ocher parcy ahell havo che dghC. aC hia or her aleccion, co au' ,or da"gea ,or auch breach or aeek auch ocher re..di" or r.lie' aa maY be available co him or her and ch' parCY breaching chi' ..reemenC ahall be reaponaible ,or paymenC 0' ,..a' ,.ea and coaca incurred by che other in .nford'" che ,ighto under chia ..reemenC. or in a..king auch oche' ,.medi.a or relie' aa maY be a"ailable to him or her. ". ........M'.- '..... ,hi' ..reemenC ahall be conacrued under thO ,a.a of the common.ealth of ,ennaylvania. 21. .....rn',. 0' .RoY"'O'" " any cerm. ,0ndiCion. claoa. or proviaion 0' chia .gre...nC ahall b' d.C.rmin.d or d.Clar.d co b' void or invalid in '" or oche",i". chOn onlY chaC corm, condition. claua. or previaion ahall be .cricken 'ron Chia ..r....nc' and. in all ocher reap.cto, chia ..ree..nC ahall be valid and conCinue in full 'orce. effecC and operaCion. 22. "onT" "..... E'C'pc aa oche"iae a.c 'orch herein. chi' ..ree..nC ahall b. binding and ahall inure co che ben.'iC 0' che parciea h.raCo and chei' reapecCive h.ira. ...cucora, administrators, successors and assigns. 2" ~.. T,.om"",' Ruaband ,hall noc ..inCain life inaur.nc, on the life of ~ife. ,. .,TNESS "E,'OF. Ch' parciea hava har.unco ..C cheir handa and aeala ch' day and year firaC abOO" .riccen. ~lTNESS h l!c' .J.,- l' /j,p..LI lCHARD E. GUTSHALL, JR. - W~I". R y~~- DEBRA RAE GUTSw.-t.L _ ~ j -1.. J,t.t. 1- \ \ \ \ \ \ \ \ \ \ \ \ \ i \ \ \ \ \ \ \ \ \ \ \ \ \ " RICHARD E. GUTSHALL, JR., Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNry, PF,NNSYl.,VJ\.NIA CIVIL ACTION - IJ\.W v CIVIL TERM DEBRA RAE GUTSHALL, Defendant 98- Ji2;) IN DIVORCE ~OTICE TO DtrBHD AND C~IM RIGHTS You have been sued in Court. 1 f you wish to defend against the claims set forth in the following pages. you must take prompt action. YoU are warned that if you fail to do 80, the case may proceed without you and a decree of divorce or annulment may be ent.ered against you by the Court. A judgment may also be entered against you for any other claim or relief requested in these papers by the plaintiff. You may lose money or property or other rights important to you, including custody or visitation of your children. When the grounds for divorce is i.ndignities or i.rretrievable breakdown of the marriage, you may request marriage counseling. A list of marriage counselors is available in the prothonotary's Office at the cumberland County courthouse, Carlisle, pennsylvania. IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPBRTY, LAWYER'S FEES OR EXPENSES, BEFORE A DIVORCE OR ANNULMENT IS GRANTED, YOU MAY LOSE THE RIGHT TO CLAIM ANY OF THEM. YOU SHOULD TAKE THI.S PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FI'ND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COlrnTY BAR ASSOCIATION TWO LIBERTY AVENUE CARLISLE, PENNSYLVJ\.NIA 17013 TELEPHONE: 717 -24 9 - 3166 , I I ,/ of psnnsyl vania for at lElast six months prior to the commencement of thJ,s action, 5 This action is not collusive, 6 There have been no prior actions for divorce or annulment in this or any other jurisdiction within the knowledge of the Plaintiff, 7 In accordance with Section 3301 (0) of the Divorce Code, the marriage between the parties is irretrievably broken. 8 Plaintiff has been advised that counseling is available and that Plaintiff may have the right to request that the Court require the parties to participate in counseling, WHEREFORE, the Plaintiff requests your Honorable COurt to decree that the Plaintiff be divorced from the Defendant. COUNT II - EQUITA&LE DISTRIBUTION 9 Paragraphs 1 through 4 of the Complaint are incorporated hereln by reference as though set forth in full, n~,;~\-!IU"',~'t----- , V,,'fY ,h" ,h' .,.,...n" in thO fo,.,o'n9 .,..d'o9 .,. ,rue .nd correct. 1 und.""nd thO' f.l" .""m.nta h".,n ." ..d' .uw" " tho ""n'''''' of " P'c' ,,04 "l.dn' '0 un..o,n falsification to authOrities. 11 1/ /) (, 'rJ n.- /0 I), _ ~.,/A-<1o'-'''' -' ,",1j( ~~ Richard E. Gutshall I {'t. C~.j C~J ~,.- "' , I u\ c..' I . " I I I I I I I i I .~ . , , t'"6 -" ('\ i"~ (;1;, ll.lr-: (.:~( ,.,., f'''' c\,' __I.. ~ ~t co (; \ ! :nl.1 ~.J I' 0' . ~.." .- -' t ;...t.., U. r:r'\ (,) (;/'1 , , . ..