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HomeMy WebLinkAbout98-01859 ~ .::J <::Q ~ I '-(I ,,~ . ~ '.. ~ \ \ \ , , ,! ;" , / , / ,/ / , /' I [ ~ ~. \,j c.... ......' '""'" ~ .':l \.J' u.. ~ ~ 1 '. . ~, .-,~ , I. The parties intend to maintain separate and pmmanent domiciles and to live apart from each other, It is the intentund purposc of this Agrccmont to !Ict forth thc rcspcctlve rights and duties of the partics while thcy continue to live upurt from cach other, 2, The parties huve attemptcd to dividc thcir matrimonial property in a manner which conforms to a just and right standurd, with duc rcgard to thc rights of cuch party, It is the intent of the parties that such division shall bc final and shall f(lreVCr detcrmine their rcspective rights, The division of existing marital property is not intend cd by the partics to constitute in any way a sale or exchange of assets, 3, Further, the parties agrce to continuc living separately and apart from the othcr at any place or placcs that he or she may select as thcy have heretoforc bcen doing, Neither party shall molest, harass, annoy, injurc, threaten or interfere with the other party in any matter whatsocver. Each party may carry on and cngagc in any employment, profession, business or other activity as he or she may deem advisablc for his or her sole use and benefit. Neither party shall interfere with the uses, ownership, cnjoyment or disposition of any propcrty now owned and not specified herein or propcrty hereafter acquired by the other, 4, The consideration for this contract and agreement is the mutual benefit to be obtained by both of the parties hereto and the covenants and agreements of each of the parties to the other, Page 2 " . ., The adequacy of the consideration tbr all ngl'eements herein contnined is stipulated, confe9sed, llnd admitted by the parties, nnd tlw pnrties inlend 10 be legally bound hereby, Each pnrty to the Agreement ncknowledges and declares and aftinns the following infonnation 10 be true nnd correct: (1) WIFE is represented by counsel of her own choosing, namely Daniel W. DeArment, Esquire of Irwin. McKnight & Hughes; (2) HUSBAND has been advised of his right to seek and retain legal counsel and has chosen not to retain legal counsel to represent him in relation to divorce, custody and support matters; (3) Each party is fully and completely infonned of the facts relating to the subject malleI' of this Agreement nnd of the rights and liabilities of the pnrties; (4) Eneh party enters into this Agreement voluntarily after receiving the advice of counsel; (5) Ench party has givcn careful and mature thought to the making of this Agreement; (6) Each party hns carefully read cnch provision of this Agreement; and (7) Each pnrty fully and completely understands each provision of this Agreement, both liS to the subject matter and legal effect. This Agreement shnll become effective immediately as of the date of execution, 5, Ills the purpose and intent of thiB Agreement to settle forever and completely the interest and obligationr. of the partics in all property that they own scparntely, and all property that would Page 3 " " qualifY as marital property under the Pennsylvanin Divorce Code, Title 23, Section 3301 (e), and Ihal is referred to in Ihis Agrcelllentus "Marilnl Property", as between themselves, their heirs and assigns, The parties have attempted to divide their Mnrital Property in u manner thut confillms to n just nnd fair slnndard. with due regard to the rights of euch PlIIly. The division of existing Mnrital Propcrty is not Intended by the purties to constitute in uny way n snle or cxehnnge of nssets, nnd the division is being effected without thc introduclion of oUlside funds or other property not constituting u pnrt of the murital estate, It is the furthllr purpose of this Agrcement to settle forever and completely any obligation under the Pennsylvnniu Divorce Code relating to spousnl support or alimony, 6, Each party represents and wurrunts that he or she has made n fllll and fair disclosure to the other of all of his or her property interests of any nature, including any mortgage, pledge, lien, charge, security interest, encumbrance, or rcstriction to which any property is subject. Each party further represents that he or shc has made a full and fair disclosurc of all debts and obligations of any nature tor which he or she is currently liable or may bccome liable, Each further represents and WUlTants that he or she has not made any gills or transfers for inadequate consideration of Maritnl Property without the prior consent of the other, Each Party acknowledges that, to the extent dcsired. he or she has hud uccess to ull joint und sepal'ate State ancl Federul Tux Returns filed by or on behalf of either or both Purties during marriage, 7, REAL EST ATE: The purties hereto have entered into an Agreement of Sale for the sule of that certuin piece of reul property which comprises the murital residence locuted ut 477 Wolfs Page 4 . . " Bridge ROlld, ClIrlisle, Cumberlllnd County, I'cnnsylvanill, Upon linlll settl{:ment of the sllle of the mllritlll residence, thc pllrtics hcrchy lIgrec to divide evenly thc resulting nct procecds, whereby WIFE shllll rcceive tiny percent (50"A,) of said net procccds lInd HUSBAND shall reccive tifty percent (50%) of the net procceds, R, SUP~ORT: It is the mutulll desire of the partics that HUSBAND will not be rcquired to pay support to the WIFE, WIFE willl1l)t provide any linancilll support to the HUSBAND, The pllrties also waive any right thcy havc to reccive alimony ()J' alimony pendente lite payments from the other following the entry of the Divorce Decree in this matter, HUSBAND hereby agrees to pay to WIFE child support in the amount of Forty and 001100 ($40.00) Dollars pCI' week, whereby such payments shall be made directly to WIFE on a weekly basis and continue indetinitely, 9, PERSONAL PROPERTY: The parties agree to equitably divide between themselves . -- and to their mutual satisfaction all family Christmas ornaments and decorations, kitchen utensils, silverware and cookware, towels and linens prior to the date of final sale and settlement of the marital residence, Further, thc parties hereby acknowledge and agree that all remaining personal property acquired during the marriage has been equitably divided to the mutual satisfaction of the parties hereto, and such division is set torth on the attached Exhibit "A" which is incorporated herein by this reference, The WIFE hereby waives all right, title and interest which she may have in any personal property herein designated as HUSBAND'S, HUSBAND likewise waives any right, titlc and intcrest which he has in the personal propcrty designated as WIFE'S. Henceforth, each of the parties shall own, have and enjoy independently of any claim or right of the other party, all items Page 5 ... , ", of personul property of every kind, nuture IInd description und wherevel' situated, whioh are then owned or held by or which mny herenfter belong to the HUSBAND or WIFE with full power to the HUSBAND or the WIFE to dispose of snme us fully nnd effeetunlly, in all respects und for all purposes liS if he or she were unmurrit:d, Each pnrty agrees that neither will incur obligations, liens or liabilities on account of the other and that thlm the dllte of this Agreement, neither plllty shall contract or incur obligations, liens or any liability whatsoever on IIccount of the other, Further, WIFE docs hereby release. waivc and t(lrCVCr discharge HUSBAND from any and all c1l1ims she has now, evcr may have or can at any timc have against HUSBAND or his estate or any part thereof, whether arising out of fomlal contracts, engagements or liabilities of HUSBAND, arising by way of widower's right or under the intestate Law arising by any right to take against the HUSBAND'S will. HUSBAND docs hereby release, waive and forever dischllrge WIFE from IIny and 1111 claims he has now, ever I11I1Y huve or cnn at nny time have against the WIFE or her estate or any part thereof, whether arising out of formal contracts, engagements or liabilities of WIFE, arising by way of widower's right or under the intestate Law arising by any right to take against the WIFE'S will. 10, ASSET ACCOUNTS: The parties hereby agree thnt the following asset accounts owned by and between the parties during the marriage shall be distributed as follows: A. The following accounts which are currently owned jointly by WIFE and the pllrties' minor child shall be retained by WIFE and the parties' minor child, whereby HUSBAND hereby ugrees to waive and relinquish any and 1111 right title ano interest to said accounts: Page 6 . '. II. ~(JTOMOBJLI<;S: The partios hereby agree that WIFE shall retain the 1997 Saturn sedan which is currently in her possession, and the HUSBAND shall retain the 1993 Mercury Cougur which is eun'ently in his possession, WIFE hereby waives all right, title nnd interest ill the 1993 Moreury Cougar currently in possession of HUSBAND, HUSBAND shall hold WIFE hannless for any und ull liability associated with the use and purehllse of the 1993 Mercury Cougar and any vehick he may now 01' in the futun~ own. and shall be solely responsible for all insurance and other tinancial responsibility associated with said vehicle, Further, HUSBAND agrees to either refinance 01' sell the 1993 Mercury Cougar within sixty (60) days from the dute of this Agreement. HUSBAND hereby waives all right, title und interest in the 1997 Saturn sedan which is currently in possession of WIFE and titled solely in the name of WIFE, WIFE shall hold HUSBAND harnlless for nny and alllinbility associated with the use and purchase of the 1997 Saturn sedan and any vehicle she may now or in the future own, and shall be solely responsible for all insurance and other financial responsibility associatcd with said vehicle, The parti(~s shall cooperatc in the transfer of title ofthc rcspcetive vehiclcs into individual names. WIFE agrees to take any nction necessary to transfer title to the 1993 Mercury Cougar into to HUSBAND'S namc alone or into the name(s) of a bona fide purchaser(s) within sixty (60) days from the execution of this Agreement, or within seven (7) days from the earliest date upon which possession of the physical title to said vehicle may be procured from the current lienholder and is available for the parties signature to effectuate said transfer of title in association with HUSBAND's sale or refinance of the vehicle, whichever occurs first. 12, MARITAL DEBTS: It is mutually agreed by and between the parties that WIFE shall assume all liability for and pay and indemnify the HUSBAND against all debts incurred by Page 8 '. WirE after the date of sepllrution, WIFE represents and wurl'llnts to HUSBAND thut since the parties' muritul sepal'lltion she hus not contracted or hH:uITed uny deht 01' lillhility for which HUSBAND or his estute might he responsihle und WIFE further represents uud wurrunts to HUSBAND thllt she will not clInll'llct or incur any deht Of lillhility lifter the execution of this Agreement, lor which HUSBAND or his estatc might he rcsponsible, WIFE shall indemnify nnd save HUSBAND hannless from any and all c1l1ims or dcmllnds made against him by reason of debts 01' obligations incurred hy her, HUSBAND shall assume all liability for and pay and indemnify the WIFE agllinst all debts incurred by HUSBAND lifter the dllte of separation, HUSBAND represents and warrants to WIFE that since the parties' marital separation he has not contracted or incurred any debt or liability for which WIFE 01' her estate might he responsible and HUSBAND further represents and warrllnts to WIFE that he will not contract or incur any debt or Iillhility lifter the execution of this Agreement, for which WIFE 01' hcr estate might be responsible, HUSBAND shall indemnify and save WIFE hannless from any und all claims or demands made lIgainst her by reason of debts or obligations incurred by him, 13. INSURANCE AND EMPLOYEE BENEFITS: The purties ugree that any life insurance policies on the life of HUSBAND or WIFE or any other employee benefits, including but not limited to retirement, profit sharing 01' medicul benefits of either party, shall he their own. WIFE waives all right, title and claim to HUSBAND's employee benefits, and HUSBAND waives all right, title, and claim to any of WIFE'S employee benefits, HUSBAND ugrees to take any and all action necessary and to cooperate, within thirty (30) days from the dute of this Agreement, in the removul of his name as a beneficiary or owner Page 9 " .; from any and all pension, profit sharing or other retiremenlueeounts which WIllE may currently possess, Similarly, WIFE ngl'ees to take uny und 1111 uetion necessary und to eoopel'llte, within thirty (30) duys from the dute of this Agreement, ill the removlIl of her name us u bellelieiury or owner from UIlY and all pension, prolit sharing or other retirement accounts which HUSBAND may currently possess, 14, CUSTODY: The parties hereto, being the natural parents of Danielle 12, Burd, born October 7,1987, and desiring to set forth the rights and obligations relating to the custody of Danielle, hereby agree as follows: A, The parties shull cnjoy shared legal custody of the minor child, Danielle 12, Burd; B. The palties shall enjoy shared physical custody of the minor child, Danielle 12, Burd pursuant to the following schedule: 1, HUSBAND / FATHER shull enjoy custody of the minor child two (2) evenings each week as may be mutually agreed upon between the parties and based upon the following schtdulc: a, During the school year and while school is in session, HUSBAND / F ATHER's periods of custody shall begin after school and continue until 8:30 p,m" al which time the minor child shall be returned to custody of WIFE / MOTHER. b, During summer vacation and while school is not in session, HUSBAND i FATHER's periods of custody shall begin at 3:30 p,m, and continue until 8:30 p.m., at which time the minor child shall bc rcturned to custody of WIFE / MOTHER, 2. HUSBAND / FATHER shall enjoy custody of the minor child on ulternating weekends, beginning on Friday (after school while school is in session, Page 10 .'~ otherwise bcglnning at 3:30 p,m,) and continuing until sunduy evening, when the minor child shall be returned to custody of WIFE / MOTHER, 3, During tbe Thanbgiving, Christmus und Eustel' holidays custody shull be split betweon WIFE / MOTHER and HUSBAND / FATHER, with one purcnt enjoying custody during segment "a" und the other parent enjoying custody during scgmcnt "b" on cach holiday, whcreby cach parcnt's segmcnt shull altern ute annual basis and uccording to the following schcdulc: u, On thc Christmus und Easter holidays scgment "a" shall begin ut 3:00 p,m, on the day immediately preceding the applicable holiday and shall continue until 3:00 p,m, on the applicable holiday. b, On the Christmas and Easter holidays segment "11" shall begin at 3:00 p,m, on the applicable holiday and shall continue until 3:00 p.m, on the following day, e, On Thanksgiving, segment "a" shall begin after school on the day immediately preceding the Thanksgiving day and shall continue until 3:00 p,m. on Thanksgiving day. d, On Thanksgiving, segment "b" shall begin at 3:00 p,m, Thanksgiving day and shall continue until 3:00 p.m, on the following day, 4. HUSBAND / FATHER shall enjoy custody of the minor child on Fathers Day arid WIFE / MOTHER shall enjoy custody of the minor child on Mothers Day with tranr,fcr of custody occurring at such times as the parties may mutually agree, 5, The parties hereby agree that each parent shall be entitled to one (1) uninterrupted week of summer vacution with the minor child upon the giving of at least thirty (30) days notice to the other parent. In the event that a Page J J 04'.' confliot of scheduling arises regarding summor vllcation whereby each parent wishes to exercise summer vacation custody at the samc time, then the parent whq first gives notico of such summer vacation shall he entitled to that period of custody, 6, WIFE / MOTHER shall enjoy cllstody of the minor child during all othcr timcs not specificlllly set torth hcrein, 7, The parties hereto agret) to equally share trunsportatlon for the applicable transfers of custody as olltlined herein, 8. WIFE / MOTHER shall claim the minor child, Danielle E, Burd, as a dependent for any and all tax filings which she shall be required to make to any governmental 01' municipal entity, 15, DIVORCE: The parties both agree to cooperate with each other In obtaining a final divorce of the marriage, It is agreed that the parties will execute and file the consents necessary to obtain the divorce, Any party who fails to cooperate with obtaining the Divorce shall pay all the costs and legal fees of the party who is seeking the divorce, 16, BREACH: If either pal1y breaches any provisions of this A!,'I'eement, the other party shall have the right, at his 01' her election, to sue for damages for such breach or seek slloh other remedies or relief as may be available to him or her, and the party breaching this contract should be responsible for payment of legal fees and costs incurred by the other in enforcing their rights under this Agreement. Page 12 17, ADDITIONAL INSTRUMENTS: Each of the parties shall from time to time, at the request of the other, exeeute, acknowledgc and deliver to the other party any and all further instruments that may he rcasonahly required to give full force and effect to the provisions of this Agreement. 18, VOLUNTARY EXECUTION: The provisions of this Agreement and their legal effect have either been fully explained to the parties by their respective counsel, 01' have been fully reviewed and understood if not represented hy counsel, and each party acknowledges that the Agreement is fail' and equitable, and that it is being entered into voluntarily, and that it is not the result of any duress 01' undue influence, The parties agree that unless otherwise specifically provided herein, this Agreement shall continue in full force and effect after such time as a final Decree in Divorce may be entered with respect to the parties, The parties further agree that the terms of this Agreement shall be incorporated into any Divorce Decree which may he entered with respect to them. It is the parties' intent that this Agreement does not merge with the Divorce Decree, but father shall continue to have independent contractual significance, Each party maintains his or her contractual remedies as well as cou11 ordered remedies as the result of the aforesaid incorporation or as otherwise provided by law or statute, Those remedies shall include, but not be limited to, damages resulting from breach of this Agreement, specific enforcement of this Agreement and remedies pertaining to failure to comply with an order of court or agreement pertaining to equitable distribution, alimony, alimony pendente lite, counsel fees and costs as set forth in the Pennsylvania Divorce Code or other similar statutes now in effect and as amended or hereafter enacted. Page 13 19, ENTIRE ".A{j~EIf~EN!: This Agreement contuins the entire undorstnnding of the Pllrties und there lire no represcntutlons, wnrrunties, Covenllnts or undertnklngs othel' thnn those expressly set forth herein, 20, APPLICABLE LAW: This Agreement shull be construed under the Lnws of the Commonwealth of I'ennsylvulllu, 21. PRIOR A{jREEMENTS: It is understood and agreed thnt any nnd all proper(y settlement agreements which mny or huve been executed pl'ior to the date nnd time of this Agreement nre null and void and of no effect. 22, PAYMENT OF COSTS: Ench pnrty shnll be responsible for their own attomcyS fees incurred in the settlement of the divorce and economic issues surrounding this divorce. 23. WAIVER OF CLAIMS AGAINST ESTATES: Except as herein otherwise provided, each party mny dispose of his or her property in any way, and each party hereby waives and relinquishes any and all rights he or she muy now have or hereafter acquire, under the present or future laws of any jurisdiction, to share in the property or the estate of the other as n result of the marital relationship, including without Iimitution, dower, curtesy, stututory allowance, widow's allownnce, right to take in intestacy, right to take against the Will of the other, nnd right to act as administrator or exccutor of the other's estate, and each will, nt thc reqllest of the other, execute, Page 14 U:l<:ANNE BURD, Plalntlrf l IN nm COlJRT OJ<' COMMON PLEAS 0/" : CUMBERLAND COliNT\', PENNSYLVANIA v. CIVIL ACTION. LA W ALAN L. BURD, Defendant 9ll-1859 CIVIL TERM IN DIVORCE AFFIDA vrr OF CONSENT AND WAIVER OF NOTICE OF INTENTJON]O REQUEST ENTRY OF' A DIVORCE DECRlm tiNDER --.- SECJION 3301(c) (~F THE DIVORCE CODE I. A Complaint in Divorce under Sections 330 I (c) lInd DOl (d) of the Divorce Code was filed on April 3, 1998, 2, The murriage of Plaintiff and Ddcndant is irretrievably broken and ninety days have elapsed from the date offiling of the Complaint. 3. I consent to the er.try of a final Decree of Divorce without notice, 4. I understund that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if I do not claimthel11 belllre a divorce is granted, 5, I understand that I will 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 aller it is filed with the Prothonotary, I verify that the statements mude in this aftidavit arc true and correct. I understand that flllse statements herein made arc subject to the penalties of 18 Pa, C,S, Section 4904 relating to unsworn falsifIcation to authorities, Date: 0, I { { I d ' ,199ll / '. ., / ___L'/Y"" (. C( j'( i~.!;' \.,/ J ( ( .~l.::!i..____. LEEANNE BURD Plaintiff