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HomeMy WebLinkAbout98-01942 -. ( , ~ '( JI , I '1 ':.. "\ \l '( ~ ~ ",,- \ \ \ \ , \ , I ) { I j / /1 / ( -... ~ ~I .~ I ~I ~I ~I ........ I I ~I ~I I ~I fl1t - /14)- eOOPERTY SETTLEMiNT AGREEI\IlENI THIS AGREEMENT, made this I brti day of 0:;", .( , 1999, is by .ond between: FFIANK W, HOWARD, JR" of 624 Fairway Drive, Camp HIli, Pennsylvania, party of the first part, hereinafter referred to as "Husband"; and MARGARET R, HOWARD, of , Pennsylvania, party of the second part, hereinafter referred to BS "Wife," WITNESSETH: WHEREAS, the parties herato are husband and wife, haVing been married on 7 September 1 963 and are the parents of two edult children, both of whom are emanc:pated and who are not the subject of this agreement; and WHEREAS, certain difficulties have arisen between the parties hereto which have made them desirous of living separate and apart from one another and Wife has Initiated an action in divorce filed to No, 98-1942 Civil Term before the Court of Common Pleas of Cumberland County, Pennsylvania; WHEREAS, the parties hereto have mutually entered into an agreement for the division of their assets, the provision for the liabilities they owe, and provision for the resolution of their mutual differences, after both parties have had full and ample opportunity to con suit with their respective attorneys, and the parties now wish to have that agreement reduced to writing, NOW, THEREFORE, the parties hereto, In consideration of the apove recitals, the mutually made and to be kept promises set forth hereinafter, and for other good and valuable considerations, and intending to be legally bound and to legally bind their heirs, successors, assigns, and personal representatives, do hereby covenant, promise, and agree as follows: 1 . 1, . REAL ESTATE. Wife covenants and agrees to convey to HUllband, as his sole and separate property, the real astatfl presently owned by the parties hereto as tenants by the entireties and being known as 624 Fairway Drive, Camp HIli, Pennsylvania, subject, however, to all liens, encumbrances, easements, and restrictions presently existing thereon, In furtherance of this Agreement, Wife represents that she has, as of the date of this Agreement, executed, acknowledged, and delivered to Husband, contemporaneously with the execution and delivery of this agreement, which she understanr'iJ will be recorded before the final decree in divorce is entered, a deed to said real estate, conveying the same as above described to Husband, The parties agree that, for purposes of this agreemant, the house and Its contents which are being transferred to Husband have an agreed value of $143,372,00 2, MOTOR VEHICLES. With regard to the motor vehicles the parties own, they hereby agree as follows: A, The parties agree that Wife shall become the owner of the 1991 Saturn automobile, If such vehicle Is titled In Husband's name or In joint names, Husband shall make, execute, acknowledge and deliver any and all documents necessary to transfer the title to Wife. Husband does hereby waive, release, and relinquish any and all claim to or interest In said motor vehicle. If the title to the said vehicle is encumbered by any debt or obligation, Wife agrees that she shall be solely responsible for and shall pay and satisfy said obligation, In accordance with Its terms and provisions, and shall Indemnify and save Husband harmless from any loss, cost, or expense caused to him by her failure to make payment of such debt. The pllrties agreo that, for purposefl of the equitable distribution of their property, this automobile has a value of $3,000.00, B, The parties agree that Husband shall become the owner of the 1995 Chevrolet truck, 1969 Chevrolet Camaro 228 (restored), and 1993 2 Harley-Davidson off-road motorcycle, If such vehicles are titled in Wife's name or In joint names, Wife shall make, execute, acknowledge and deliver any and all documents necessary to transfer the titles to Husband, Wife does hereby waive, release, and relinquish any and all claim to or Interest in said vehicles, If the title to the said vehicles are encumbered by any debt Dr obligation, Husband agrees that he shall be solely responsible for and shall pay and satisfy said obligation, In Ilccordan<.;e with its terms and prdvlslons, and shall indemnify and save Wife harmless from any loss, cost, or expense caused to her by his failure to make payment of such debt, The parties agree that, for purposes of the equitable distribution of their marital assets, these vehicles have a total value of $22,250.00, 3. WIFE'S ASSETS RELEASED BY HUSBAND, The parties acknowledge that Wife Is currently the owner of the following assets: A. Her account within the Pennsylvania Blue Shield Voluntary Investment Plan which has a present value of approximately $54,896.00, B, Her Individual retirement account with Financial Trust Company, having a value of approximately $20,800,00, C, The Prudential Life Insurance Company policy No, 73-921-825 owned by her having an approximate value of $11,355,00, Husband does hereby waive, release, and relinquish, absolutely and without limitation, lill of his right, title, or interest in or claim to the above assets and does confirm them to be the sole and separate property of Wife from and after the date of this agreement, 4, HUSBAND'S ASSETS RELEASED BY WIFE, The parties acknowledge that Husband Is currently the owner of the following a~sets: A. His account with the Arkansas Best Corporation Employees Investment Plan, having a value at this time of approximately $84,714.00, 3 r ,PI\ /' I" B, His five policies of Insurance with the Prudentiallnsuranoe Company of America (being Policy Nos, 21866466, 73910266, 73910266- additional, D40660441, and 042988114) having a total cash value of approximately $29,917,00. Wife does hereby w~ive, release, and relinquish, absolutely and without limitation, all of her right, title, or interest In or claim to the above assets and does confirnl them to be the sole and separate property of Husband from and after the date of this agreement. 6, ASSETS TO BE TRANSFERRED TO WIFE, Husband does hereby grant, convey, transfer, assign, and deliver and set-over unto Wife the fOllowing assets, which said assets shall be and remain the sole and separete property of Wife hereafter, fretl of any claim by or Interest of Husband, regardless of whether such assets were deemed by either of the parties to be marital property or non-marital property before: A, His two Individual retirement accounts with Keystone Financial, formerly Financial Trust Company (being Account Nos. 787-0010159 and 787-010043) haVing an approximate value of $41,917,00, B. The Individual Investor account held jOintly by the parties with Merrill Lynch Pierce Fenner & Smith, Inc" (being Account No, 872-39649) having an approximate value of $47,012.00, C. The jOintly owned Treasury Bill (Series 14, No, 8466-16 4416-3- 3200) having an approximate value of $26,000,00. And further, Husband does hereby waive, release, relinquish, and surrender forever any and all claim to or interest In said assets, which shall be and remain the sole and separate property of Wife hereafter, 6. STOCK INVESTMENTS, The parties aCknOWledge and represent that they currently or recently owned stock In four different corporations. The parties agree that they will divide the stock so that Wife receives fifty (60%) percent of that stock and Husband receives fifty (50%) percent of the stock, 4 7. PERSONAL PROPERTY, The parties hereto mutually agree that they have effected a satisfactory division of the furniture, household furnishings, appliances, and other household and personal property between them and they mutually agree that each party shall, from and after the date hereof, be the sole and separate owner of all such tangible personal property presently in his or her possession, whether said property was heretofore owned jointly or individually by the parties hereto, and this .agreement shall have the effect of an assignment or receipt from each party to the other fof such property as may be in the Individual possessions of each of the parties hereto, the effective date of said bill of sale to be contemporaneous with the date of the execution of this Agreement. 8, EQUAL DIVISION. The parties intend to make equitable distribution of their marital assets so that they divide them equally, The total assets received by Wife pursuant to the foregoing paragraphs of this agreement have a value of $203,979.00 and the total assets to Husband have a value of $280,263.00, To accomplish an equal division of the marital assets, each party should receive assets having a value of $242,116,00. To accomplish that equal division, Husband shall pay to Wife the sum of Thirty-Eight Thousand One Hundred Thirty-Seven ($38,137,00) Dollars, Husband shall make such payments to Wife, in cash, on or before the date of the final decree of divorce entered in the action between the parties, 9. WAIVER OF ALIMONY, SUPPORT AND ALIMONY PENDENTE LITE, The parties acknowledge that they are aware of the income, education, Income potential, and assets and holdings of the other or have had full and ample opportunity to become familiar with suoh items, Both parties acknowledge that they are able to support and maintain themselves comfortably, without contribution from the other beyond that as provided for in this Property Settlement Agreement, upon the Income and assets owned by each of them, The parties heraby accept the mutual covenants and termll of this Agreement and the benefits and properties passed to them hereunder in lieu of any and all further rights to support or alimony for themself, counsel fees, and alimony pendente lite at this time and 5 during any and all further or future actions of divorce brought by either of the parties hereto and the parties do hereby remise, release, quit claim, and relinquish forever any and all right to support, alimony, alimony pendente lite, counsel fees and expenses heyond those provided for herein, during the pendency of or as a result of any such actions, as provided by the Divorce Code of Pennsylvania or any other applicable statute, at this time and at any time in the future, 10, WAIVER OF EQUITABLE DISTRIBUTION, The parties acl'<nowledge that each of them have had a full and ample opportunity to consult with counsel of their choice regarding their claims arising out of the mt'rriage and divorce and that they have specifically reviewed their rights to the equitable distribution of marital property, including rights of discovery, the right to compel a filing of an Inventory and Appraisement, and the right to have the court review the assets and claims of the parties and decide tham as part of the divorce action, Being aware of those rights, and being aware of the marital property owned by each of the parties, the parties hereto, in consideration of the other terms and provisions of this agreement, do hereby waive, release and quitclaim any further right to have a court or any other tribunal equitably distribute or divide their marital property and do hereby further waive, release and quitclaim any and all claim against or interest In assets now currently in the possession or held in the name of the other, it being their intention to accapt the terms and provisions of this agreement in full satisfaction of all of their claims to the marital property of the parties and the equitable distribution of the same. 11, WAIVER OF ESTATE RIGHTS. Husballd releases his Inchoate Intestate rights In the estate of Wife and Wife releases her inchoate intestate rights In the estate of Husband, and each of the parties herflto by these presents for himself or herself, his or her heirs, executors, administrators, or assigns, does remise, release, quit claim, and forever discharge the other party hereto, his or her heirs, executors, administrators, or assigns, or any of them, of any and all claims, demands, damages, actions, causes of action or suits of law or in equity, of whatsoever kind or nature, for or because of any matter or thing done, 6 omitted, or suffered to be done by such other party prior to the date hereof; except that this release shall in no way exonerate or discharge either party hereto from the obligations and promises made and imposed by reason of this agreement and shall In no way affect , any cause of action in absolute divorce which either party may have against the other, 12, REPRESENTATION OF NO DEBTS, The parties hereto mutually represent to the other than neither of them has Incurred any debts In the name of the other not previously disclosed or provided for in this agreement, Each of the paftles hereby represents to the other that neither one of them have incurred or contracted for debts in the name of the other or for which the other Is or would be legally liable from and after the date of the parties' separation, Both parties hereto mutually agree and promise that neither will contract or otherwise Incur debts In the other's or joint names without the prior permission and consent of the other party hereto. Both parties hereto represent and warrant to the other party that they have not so contracted any debts unbeknownst to the other up to the time and date of this Agroement, 13. DISCLOSURE, Both of the parties hereto represent to the other that they have made full disclosure of the assets and income and Income sources owned, controlled, or enjoyed by either of them and that neither party hereto has withheld any financial Information from the other. Each of the parties represents that they have reviewed this Information with an attorney of their choice, or had the opportunity to review this Information with an attorney of their choice and voluntarily decided not to do so. 14. CONCLUSION OF DIVORCE, The parties acknowledge that this agreement is made in contemplation of the conclusion by both of them of an action in divorce which has been flied or will be filed shortly by one of the parties hereto. Both of the parties hereto agree that they shall, contemporaneously with the execution of this agreement, execute and deliver to Husband's attorney an Affidavit of Consent under Section 3301 (e) of the Divorce Code, consenting to the entry of a final decree in divorce, and a Waiver of further notice for the entry of such decree, Both parties agree that they shall accept the terms and 7 provisions of this agreemont In full satisfaction of any claims they may have under the Dlvoroe Code of the Commonwealth of Pennsylvania, Including, but not limited to, alimony, alimony pendento lite, counsel fees, equitable distribution, and the like. 16, BREACH. In the event that any of the provisions of this agreement are breached or violated by either of the parties, the other party shall be entitled to enforce this agreement by an appropriate action in law or in equity or to take any other action to which they are lawfully entltlod to enforce this agreement or otherwise prote'ct their rights. In the event that such action is commenced by one of the parties and the other party Is found to have breached or violated any of the terms and provisions of this agreement, the party having so violated or breached the agreement, shall be responsible for and shall promptly pay upon demand the reasonable attorney's fees Incurred by the other party to enforce their rights hereunder, 16, RELEASE, The parties acknowledge that the purpose of this agreement is to divide all of their marital property, resolve all of the economic claims between them, and terminate and conclude any and all claims one party may have against the other, The parties acknowledge that each of them has had ample opportunity to consult with an attorney of their choice and to obtain legal representation with regard to this agreement and to the claims which they are terminating hereby. Consequently, each of the parties, for themselves, their heirs, successors, and assigns, does hereby accept the terms and provisions of this agreement in fullllatlsfactlon of any claims, of any nature, they may have, or may ever have had, against the other party and each of the parties does hereby waive, relinquish, release, and surrender forever any claim they have against the other party, arising out of their marital relationship, or any other dealing between the parties prior to the date of this agreement, provided, however, that this release shall not exonerate either of the parties from the obligations they expressly make in this agreement, which shall survive the date of this agreement until such obligations are fully performed, f i , 9 ---"-m 7 7, CHOICE OF LA IA. I .... This Ag n 80oord8nce With th I reement shall be Inte a aw. " '.d b ''''Of.., 'PPi"'" 7 8, BEI/ERA81LIT ' , 'b, "Oft. ", lba C "'d """'.. Y, If,,,, '''''''.W''''b , P .. 0"",....'" " , ., '..... 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"i ~ J r'\', ~~\~ r("') .. "0 -- ~ "1S' \ '0 " ;;,) ~1'" ~ f0 ~ \/:::) ~ ~ ... r- ~ ~ ~ ~0:d '< -- IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Margaret R Howard, Plaintitf No, 98.1942 v, Frank W. Howard, Jr., Defendant CIVIL ACTION. LAW IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER SECTlQJ'L33.QlC9LOF THE DIVORCE CODE I, I consent to the entry of a final Decree of Divorce without notice. 2. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if I do nOI claim them before a divorce is granted, 3. I understand that I will not be divorced until a divorce decree is entered by the Court and that a copy ofthe decree will be sent to me immediately after it is flied with the Prothonotary. I verity 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. 94904 relating to unswom falsification to authorities. o !~ !Ot1 Date: ,,5 {.J~ ~:~~d;2-;/-?:{?~-f~;('1:('i'f( Mar et R. Howard MARGARET R. HOWARD, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA vs, CIVIL ACTION - LAW NO, 98-1942 CIVI L [<'RANK W. HOWARD, JR., Defendant IN DIVORCE AEfLDM'LLQ.E.J~Q.NSENI 1. A Complaint In Divorce under Section 3301 (c) of the Divorce Code was filed on fL_l\.u;j..L_13~___ and was served upon the Defendant on or about 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety (90) days have elapsed from the date of filing of the complaint and the date of service of the complaint on the Defendant. 3. I consent to the entry of a final decree in divorce either after service of a Notice of Intention to Request Entry of the Decree or upon filing of my Waiver of the Notice of Intention to Request Entry of the Decree. 4. I have been advised of the availability of marriage counseling and understand that the Court maintains a list of marriage counselors and that I may request the Court to require my spouse and I to participate in counseling and. being so advised, do not request that the Court require that my spouse and I participate in counseling prior to the divorce becoming final. I verify that the statements made in this Affidavit are trua and correct and I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904 relatiflg to unsworn falsification to authorities. 21 July 1999 7 ./\4",1. U-l')-/ IJ-J} e, FRANK W. HOWARD, JR. DATE