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Home My WebLink About98-02154 "J 'r ~ ~ q: ~ ~ c:: -< ~ .r , ... (~ I , ."- I - ! . ') i .. I I t'J I 1>1 ~i .....1 ~I -- .:+:. .:c. .:+;. .:c. .:+:. .:.:. .:+:. - .~<<. .:c. .~, .:c. .:+:. .:+:. -:+;. -:.:. .:.:. -:+:. .:+:. -:+:. -:+:. :. .:+:. :.:.;.; _:.~ .:<<. ':.~. .:+:. .:+z. .:+:. ':<<W".~ ~'_'_._____ ._.,_,.'.,.......,..",,"'..,' ...", ..., , ... . ..' .." "..".. ,_. '0 ..,yo" ..... ..yo" ..,','.._'nA. ~ . ~ IN THE COURT OF COMMON PLEAS ~ $ ~ ~ OF CUMBERLAND COUNTY ~ ~ $ $ $ $ ,". ~ 1.$ ~ J, I~ 1''- /, i~ ),0, I~ .I~ -:+;. .:+;. -:+:. .:.:- .:+;. .:.:. .:+:. i:.:. ':+:'. .:.:. STATE OF ;~.'~'.. t ..... ,~ . . ~ ". ,"+ PENNA. w. '.. , ANTHONY, ASHFORD, II 'I " N (), . ..ge.."n54 ........... 1<) PLAINTIFF ... ~ .:, " ~ ~, Vt'I'S\lI\ MARIA ASHFORD, \1 'I i i! DEFENDANT w ... ;;; ... ~ ~, ;'~ ~ DECREE IN DIVORCE AND NOW, ' . . . . .J. ~ \ l' . ~, , . . . . . ' , , , '.. 19<( 1, , '.. it is ordered and decreed that .",....,."..., ANTHo~, N~Iw,q~I? , . , , , . , , . , . , , , . , '.. plaintiff, and, , , , , . . , , , . , . , . , . . , . , ,~~,., ",S.~ORD , , . . , , . , , , , , ' , . , , , , , '.. defendant, are divorced from the bonds of matrimony, ... * ~ t'; $ ~ ~ / ~ ~ ., w ... The court retains jurisdiction of the following claims which have been raised of record in this action for which a final order has not yet been entered; w ~ w ~ ~ '.. !:~:~tf~~bth~r 'dor~:red .a~d .te~re~~,th~t.the.Marria~e, Se~~~~~A~,~9~~~~q~.. "'^"'-'" e" y an "",tweel1 the partles, dated May 26, 1999, is incorporated pY,r~f~renPe, ~ntQ this ,Oecree,for,the,purpo~e8,of,enfoccement" but ,shall, not be dee d to have been merged with this Decree. ~ $ ~ ,f., n Y T JC {lltl' '/Q.{r)t7i ^""'(J. ?Z: ,7- Prothonof"ry ~ w ... ~ 8 ~ M,.----- ... ~. ->>:. .>>~ ..' ,_'_"_'.C' -.,.,_.__ . .:.:' .:.:. .:.:. .:+:. .:+:. .:+:. .:+:. .:+:. .:+:. .:+:- .:+:- .:+:. $ ,,~ ~ ~ ~ *- ',' ~ *. ~..' ,'s ~ '" ... ,;; ... ~ '.' ~l ~ ~ M .' ,,- ~ '" ~ .:., ~ . ,,~ ~ ~ ~'i Q " ~ ... ~ '.' ~ ~.' ,', ~ w '.. .:, :, ~ ... ~ ',' ;.\ ~ .... - MARRIAGE SETTLEMENT AGREEMENT AGREEMENT MADE this ..P1----"-__ day Of----1~ _, 1999, by and between MARIA ASHPORD ("Wife") - AND - ANTHONY ASH.FORD ("Husband"), at Harrisburg, Pennsylvania. WH!REAS, the parties hereto are husband and wife having been married on April 11, 1997/ at Washington County, Maryland. WHEREAS, no children were born of this marriage; WHEREAS, diverse unhappy differences, disputes and difficulties have arisen between the parties and it is the intention of Wife and Husband to live separate and apart for the rest of their natural lives, and the parties desire to settle fully and finally their respective financial and pr.operty rights and obligations as between each other including, without limitation by specification: settling of all matters between them relating to the ownership and equitable distribution of real and personal property; settling of all matters between them relating to the past, present and future support, alimony and/or maintenance of Wife by Husband or of Husband by Wife; and in general, the settling of any and all claims and possible claims by one against the other or against their respective estates. NOW, THEREFORE, in consideration of the foregoing premises and of the mutual promises, covenants and undertakings hereinafter set forth and for other good and valuable consideration, receipt of which is hereby acknowledged by each of the parties, Wife and Husband, each intending to be legally bound hereby, covenant and agree as follows: 1. Divoroe and SeDaration. The parties agree to the entry of a decree in divorce pursuant to Section 3301(c) of the Divorce Code of , 1980. Husband and Wife shall at all times hereafter have the right to live separate and apart from each other and to reside from time to time at such place or places as they shall respectively deem fit, free from any control, restraint, or interference whatsoever by the other, Neither party shall molest the other or endeavor to compel the other to cohabit or dwell with him or her by any legal or other proceedings. The foregoing provision shall not be taken to be an admission on the part of either Husband or Wife of the lawfulness or unlawfulness of the causes leading to their living apart. The parties acknowledge that a divorce action has been filed in the Court of Common Pleas of Cumberland County, Pennsylvania at docket number 98 ,. 2154. The parties agree that they will execute Affidavits of Consent in the aforementioned matter, 2. Division of Propertv. Husband and Wife agree that the following constitutes an equitable distribution of the marital property. A. The sum of $10,000.00 shall be transferred to Wife from Husband's 401(k) Retirement Plan, I,D. No. 456456456 - 110510648, by means of a Qualified Domestic Relations Order or other appropriate procedure. The balance of the Plan following the transfer to Wife shall belong to Husband. B. The 1989 Bonneville shall be transferred to Wife. c. The parties have divided between them to their mutual satisfaction, all personal effects, bank accounts, household furniture and furnishings and other items of personal property which have heretofore been used by them in common. - 2 - " 3. Additional Documentatio~. The parties agree to execute any deeds, assignments, titles or other i.nstruments necessary and appropriate to accomplish the aforesaid division of property, 4. Transfers Sub1eot to Existinq Liens. Notwithstanding any other provisions in this document all property transferred hereunder is subject to the existing lien or liens set forth above. The respective transferee of such property agrees to indemnify and save harmless the other party from any claim or liability that such other party may suffer or may be required to pay on account of such lien or encumbrance. S. R!Rresentations and Warranties. The parties represent and warrant to each other that the property described in this Agreement represents all of the property in which they have any right, title and interest, and that such property is subject to no mortgage, pledge, lien, security interest, encumbrance or charge except those which are disclosed herein. 6. Eauitable Division. By this Agreement the parties have intended to effect an equitable division of their jointly owned property. The parties have determined that an equitable division of such property conforms to a just and right standard, with due regard to the rights of each party. The division of existing marital property is not intended by the parties to constitute in any way a Bale or exchange of assets, and the division is being effected without the introduction of outside funds or other property not constituting a part of the marital estate. It is the intention of the parties to treat all transfers herein as non-taxable. - 3 - / 7. Relinauishment of Ri~. Except as expressly provided herein, Husband forever relinquishes any right, title or interest he may now or hereafter have in any tangible or intangible assets now belonging to Wife, and Wife forever relinquishes any right, title or interest she may now or hereafter have in any tangible or intangible assets now belonging to Husband. 8. ,l\.fter-Acauired Property. Each of the parties shall hereafter own and enjoy independently of any claim or right of the other, all items of property, be they real, personal or mixed, tangible or intangible, which are hereafter acquired by him or her, 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, 9. Debts. Husband and Wife shall each be solely responsible for all debts in their respective names, including but not limited to personal loans, charge accounts and credit cards. Both parties represent and warrant to the other that as of the date of separation they have not incurr.ed, and in the future will not contract or incur, any debt or liabil i t.y for which the other or the estate of the other might be responsible. 10. Liabilities. All debts, contracts, obligations or liabilities incur.red at any time in the past or future by eithe:.: party will be paid promptly by said party, unless and except as otherwise specifically set forth in this Agreement; and each of the parties hereto further promises, covenants and agrees that each will now and at all times hereafter save harmless and keep the other or his or her - 4 - estate indemnified and save harmless from all debts or liabilitieo incurred by him or her, as th~ case may be, and from all actions, claims and demands whatsoever with respect thereto, and from all costs, legal or otherwise, and counsel fees whatsoever pertaining to such actions, claims and demands. Neither party shall, as of the date of separation, contract nor incur any debt or liability for which the other or his or her property may be responsible, and shall indemnify and save harmless the other from any and all claims 01' demands made against him or her by reason of debts or obligations incurred by him or her and from all expenses, legal costs, and counsel fees unless provided to the contrary herein, 11. Counsel Fees. Costs and Expenses. Each party shall be responsible for his or her own legal fees, costs and expenses incurred in connection with their separation and/or the dissolution of their marriage, 12. Alimonv. In exchange for and in consideration of the promises and representations made hereunder, Husband and Wife hereby waive and release any and all right, title, interest, claims or demand of whatsoever nature which he or she now has or hereafter can, shall or may have against the other or the respective separate property of the other under the laws of the Commonwealth of Pennsylvania or any other governing state, country, territory or jurisdiction in the nature of spousal support, separate maintenance or support, alimony, either pendente lite, temporary, rehabilitative, permanent or lump sum and right to seek equitable or community distribution or division or assignment of property or similar marital rights. - 5 - Notwithstanding the above, the arrears due by Husband to Wife as a result of the spousal support order docketed at 00823 S 1998 shall remain due and owing. Husband shall pay t.he arrears in full wi thin 45 days of the date of this agreement. 13. Full Dilclol~~. The respective parties do hereby warrant, represent and declare and do acknowledge and agree that each is and has been fully and completely informed of and is familiar with and cognizant. of the wealt.h, real and/or personal propert.y, estate and asset.s, earnings and income of the other and that each has made a full and complet.e disclosure to t.he other of his or her entire asset.s and liabilities and any further enumeration or st.atement thereof in this Agreement is specifically waived. 14. Releases. Each party does hereby remise, release, quJ.t.claim and forever discharge the other and the estat.e of the other from any and every claim t.hat. each other may now have, or hereafter have or can have at any time, against. the ot.her, or in and t.o or against the other's estate, or any part t.hereof, whether arising out of any former contracts, engagements or liabilities of the other, or by way of dower or claim in the nature of dower, widow's rights, or under the intestate laws, or the right. to take against each other's will, or for support or maintenance, or of any other nature whatsoever, except any rights accruing under this Agreement. 15. Indemnification. Each party represents and warrants to the other that. he or she has not incurred any debt, obligation, or other liability, other than described in this Agreement, on which the other party is or may be liable. Each party covenant.s and agrees that if - 6 - any claim, action or proceeding is hereinafter initiated seeking to hold the other party liable for any other debts, obligations, liability, act or omission of such party, such party will at his or her sole expense, defend the other against any such claim or demand, whether or not well-founded, and that he or she will indemnify and hold harmless the other party in respect of all damages as resulting therefrom. Damages as used herein shall include any claim, action, demand, 108s, cost, expense, penalty, and other damage, including without limitation, counsel fees and other costs and expenses !'easonably incurred in investigating or attempting to avoid same or in opposing the imposition thereof or enforcing this indemnity, resulting to Husband or Wife from any inaccurate representation made by or on behalf of either Husband or Wife to the other in this Agreement, any breach of any of the warranties made by Husband or Wife in this Agreement, or breach or default in performance by Husband or Wife of any of the obligations to be performed by such party hereunder. The Husband or Wife agrees to give the other prompt written notice of any litigation threatened or instituted against either party which might constitute the basis for a claim for indemnity pursuant to the terms of this Agreement. 16. General Provisions. This Agreement constitutes the entire understanding ot the parties and supersedes any and all prior agreements and negotiations between them, There are no representations or warranties other than those expressly set forth herein. - 7 - 17. Fair and Zauitab1e Content.. The provisions of this Agreement and their legal effect have been fully explained to the parties by their respective counsel. Each party acknowledges that he or she has received independent legal advice from counsel of his or her selection and that each fully understands the facts and has been fully informed as to his or her legal rights and obligations. Each party acknowledges and accepts that this Agreement ia, under the circumstances, fair and equitable, and that it is being ent~red into freely and voluntarily after having received such advice and with such knowledge, and that execution of this agreement. is not the result of any duress or undue influence and that. it is not t.he result of any collusion or improper or illegal agreement or agreements. lB. Bre~. It is expressly stipulated that if either party fails in the due performance of any of his or her material obligations under this Agreement, the other party shall have t.he right, at his or her election, to sue for damages for breach thereof, to sue for specific performance, or to seek any other legal remedies as may be available, and the defaulting party shall pay the reasonable legal fees for any services rendered by the non-defaulting party's attorney in any action or proceeding to compel performance hereunder. 19. Execution of Dooument". Each party shall on demand execute any other documents that may be necessary or advisable to carry out the provisi,ons of t.his Agreement. 20. Uodification. No modification, rescission or amendment to this Agreement shall be effective unless in writing signed by each of the parties hereto. - 8 - iT.: o. >- (.. <'':i '?' ~ .. ::s "-(' -" ()~) l~;(.: :lC (..,).,;( n:~: 0.. (~l~~ ~~! ::."' ~tJ , ,],. 1:10.. r.' O'!UI ;JI_! 1/}~J ..,p( 1./......... ...,., "'r; ".:. #J ~ (.Tl ~ .:A ~ 8, Subject to the finalization of the divorce and the execution of all other required documentB, the sum of $10,000 shall be transferred to Alternate Payee aB followsl (i) The sum of $5,000 Bhall be transferred to Alternate Payee'B Member's First Individual Retirement Account no. 158595AS. (ii) T.he remaining $5,000 Bhall be transferred directly to Alternate Payee. C, The diBtribution iB to be paid ae soon as administratively possible following the date this Order is approved as a Qualified Domestic Relations Order. D. Nothing contained in this Domestic Relations Order shall be conBtrued to require the Plan or the Plan AdminiBtrator: (1) To provide to Alternate Payee allY type or form of benefit, or any option, not otherwise available under the Plan, or (2) To pay any benefits to Alternate Payee which are required to be paid to another alternate payee under another domestic relations order previously determined by the Plan Administrator to be a QDRO, or (3) To require the plan to provide increased benefits. E, This Qualified Domestic Relations Order has been drafted in accordance with the marital property distribution agreed to by the parties. The transfer of funds purBuant to this Qualified Domestic Relations Order is not intended by the parties to constitute in any way a sale or exchange of aSBets, and the division is being effected without the introduction of outside fundB or other property not constituting a part of the marital - 2 - . (b) Date Plaintiff's Waiver of Notice in ~3301(c) Divorce was filed with the prothonotary: June 1, 1999 (simultaneous with the filing of this Praecipe). Date Defendant's Waiver of Notice in ~3301(c) Divorce was filed with the prothonotary: June 1, 1999 (simultaneous with the filing of this Praecipe). Date; May ,JY, 1999 SMIGEl., ANDERSON" SACKS ( i / '\ By:--.:l:!, '. :' /, J LeRoy Smigel, Esquire 1.0. #09617 Ann V. Levin, Esquire 1.0. #70259 2917 North FrOnt Street HarriSburg, PA 17110-1223 (717) 234-2401 Attorneys for Defendant - 2 - , fr. 0\ ~ ~. 0 f-' .. -5 u,~;) ..:I h$ W) :ll: .'-).~ '.~ ....( (.-, c... 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OOS lJ}C(j; l(jll r. 1'1< 11/1 C$ir' Ill'(/. ely <re/Jl O/J Pl'ee $ 0/' C(ji/J Ihll 'ltlh 11 Ill; I/Jg O/'Ih ' Iv / is: en ~~ If!: c .. ~9 ..:t C rt' :t: o~ T a.; q~ " -~' g;;;; - ~... ~, I , r:fI?i ttll.! ~ gJfE :J: f'-, ..., ~ 0'1 {J 0'1 " ~ a\ ~ Q ii5 1-- .. ~Q ..:r ~5f ~~ %; a.. qi~ ~o ~J) fi &: , l:wlJ frlU ~ T gja;; r.. ~5 en '~ Q'I Q ~ 0\ ~ C ~t-; .. -j -, .:, i..')~ ....-. :t: U::e ' ("' :11" CJ.. ~~ I~ir-.' c frlg: - 3, I ~l',' ~ ~l:j' r~: rq '-'l ';;: t5 0\ "5 en (.) .~ if; (7\ C ~<f f .. !,l.J ,\ .:1 8"ll (,l~~ :'C r. <1"'1 n-\, ........ ~~ 'I" Q.. n..:;J' fl)~~; ',. ;;:! ''J..t '.Q 'jf} f "~..'- u ." It " (' ll.' ~ lRfE !" i!~; ., :~ LI. en ::.l () U\ (.) 1)156 1'4'/o\N9W~~R'" ,COmrrE:RCl,^IM/LR9/vlt 0'1/21/911 4llJpm' ANTHONY ASHFORD, PLAINTIFF IN THE COURT OF COMMON PLEAS CUMBERUU~D COUNTY, PENNSYLVANIA NO. 98-2154 CIVIL v. MARIA ASHFORD, DEFENDANT CIVIL ACTION - DIVORCE ANSWER ~~UNTERCL~M TO COMPLAINT IN DIVORQI AND NOW, comes Defendant, Maria Ashford, by and through her attorneys, Smigel, Ande,rson and Sacks, and files the following Answer and Counterclaim to Plaintiff/s Consolidated Complaint in Divorce: 1. Admitted. 2. Admitted, 3. Admi tted. 4. Admitted. 5. Denied. Defendant denies that the marriage is irretrievably broken. 6. Admitted. 7. Admitted. 8. No response required, but to the extent that one is, Defendant requests the Court require the parties to participate in counseling prior to a Divorce Decree being entered by the Court. COUNT I IRRETRIEVABLE BREAKDOWN UNDER 330~ 9. Defendant r.epeats and realleges the averments of paragraphs 1 through 8 which are incorporated by reference herein. 10. Denied. Defendant denies that the marriage is irretrievably broken. I , h I , I I I I I I.. 11. No response required, 12. No reaponse required, but to the extent that one is, Defendant requests the Court require the parties to participate in counseling prior to a Divorce Decree being entered by the Court. COUNT II IRBETRIEV~LE BREAKDOWN UNDER 33011dl 13. Defendant repeats and realleges the averments of paragraphs 1 through 12 which are incorporated by reference herein. 14. Denied. Defendant denies that the marriage is irretrievably broken. 15. No response required 16. No response required, but to the extent that one is, Defendant requests the Court require the parties to participate in counseling prior to a Divorce Decree being entered by the Court. COUNTERCLAIM AND NOW, comes Defendant/Plaintiff in Counterclaim, Maria Ashford, by and through her attorneys, Smigel, Anderson & Sacks and avers as follows: COUNT I MARRIAGE COUNSELIN~ 17. Defendant/Plaintiff in Counterclairo repeats and real leges the averment.s of paragraphs 1 through 16 which are incorporated by reference herein. 18. Defendant/Plaintiff in Counterclaim has been advised that counseling is available and that Defendant/Plaintiff in Counterclaim - 2 - ~ .;:t ~ C:'l f-, .. :;;;,,~ C1 Sl li~_", C}~ !ll..() :If:: (J~e ').;';- ..;.e I ..... n~' ()lc:, -" I"..' t- ':;' ,[J :-.. rJ. {;,j" , J~ II ~L! ""l Iii i!: -, l~ -, d !'5 en ::l 0" 0 .... \ ~. " JUM-Z4-gg Og,BZ FROM-SMIGEL,AHDERSOH l SACKS 0&/le'l1~~9 11:10 7179752939 -' 7172343811 7-438 P 03/03 H8G MICHAEL RENTSCHLER PAGE al JW-03,99 THU 09: 37 AM atWPBT FAX:?17 7613082 PAGE 2 !j/!it+Y ~-~ (Jb tlVN U~'-- I~rt ;;.3J.f ;3'1( PJ?t.Ptf-. . VI. : IN nm COURT OF COMMON PLEAS Of : CtJtdBBlU.AND COUNTY. r'SNHSYLV ANIA : CIVIL ACTION , AN'IHONY ASHFORD, Plaintiff MAIUA ASHFORD. De,r.adut : NO. 91-2154 : IN DIVORCE 4CAPTANCIl 01 !l1l.VlA t lICtcpt ICI'Vica "f tU Complaint filed in the Ibow.captiancd lICtion. DIte4: AprU.I"' ~ jJ,~ MId. AIbford ( e oJ) rtl ...c ~ ~ t'l'l 1\'"/;:1 " , I .-,m I. l..O '}jO ~t.. QJ. 1...',,' :l .-J\? 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