Loading...
HomeMy WebLinkAbout98-02464 I I I ~I ~I ~I I "'I > \, st ~. .. '... ~"\ ~ \ V) \ '\ \ \ i , I i I , , , i I .I / E' ~ ,I , , I I r ~ ! -, ..... ~ .~ ~ ::l-,I "I ~I ~, ~il ~I 1 ~'I 'I I \;:. .:<<.. ':+:'.. .:.:. ':.:'. .:.:. _ ':4tI>:.. .:+;, ':<<'_ .:<<. .~+~. <+:. .:.:. _':+:' .:+:' ':+:'. ':+:'. ':+:' ':+:. _':+:' :.' ':+:.: .-:+:'_: -.=--:.'.:+:. _':~:' .:.:..... -:+:. .':~'.. '~'-:"~ ~v""_'_""".'"'''''..,.''''''' ,..,,,,.,,,','.,., .,."., '''''''''''''--'''''''''''''''''''''8 ~ $ w '.' IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY ~ STATE OF ;~~.~ PENNA. $ ~ $ ~ ~ w '" ~ mOMAS c. SHAFFER, SR.. Plaintiff ................. II) ,'~ ~ N (). 98.":,.2A.6A.. w .... .., ~ V(II"~lL"; .', ~ ~ ... SANDRA L. SHAFFER. Defendant w. '.' .' ,', ~ ~ '.' DECREE IN DIVORCE AND NOW, ... .~.f!.jN~)CUt1C.. .~....., 19~~." it is ordered Or'id \ decreed that. . . . . . .THO)1AS. .c.. .S.f\!\F.F.F.R, .flR... . . . . . . . . . .. . . . . . . , ., plaintiff, and . .. . . . . .. . . .. . . . sAN~~. L: . SHAFFER. . . . .. . . .. . . . . . . . . . . .. .., defendant, ~ .,. ,~ ~ -, ~ "f w. '.' ,;; ~ o!', ~ $ " ... ~ are divorced from the bonds of matrimony. 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; NONE .', ~ ~ ~ ~ T\1.t~.(lgf"'I'I)\"'\lt. (If. rl'Pf\lary. /1... ~999. la.lwn'py. lJl~prpPr/l.tf"d. lJl.tP. .the........, Fi1,l~l. Div,?~~~. D~~~e~... . . . . .. ....... . . , , , , , , , , , . ;' , ,l, , .', ~ w ,.' .., ~ ... ~ ~ 8 ~ ~"c"_''''''''L'' ,,,_..,,__,, ,,' ,,' . . 'C' .. . , .~~-~~~.~---~~,*~*~,~,*~, .' n y \l'\o)'1["\~V'\f' Attest, a ' '. ( , Prothonotary ,.- ~ .:.:' ':.:. <+:- O:~:' ,,:.~, .:.> .:.:' .~.:. .:.:' .:.:. ~ ~ .' ~ " " .', ~ M ". ,.~ ~ ~ " $ ~ .,. ~ r,# ,'~ I~ ,', ~ ~ '.' 1.' .', ~ " ~ ~ ',' ~ ~ ~.~ " I'~ ~ .', ~ ~ '.' .', to '" ~ ... * ~ '.' ~ ',' (~ I'.' I", '~ ~ '.' ,', * J. ,', to ~ ". ~ ~~ ',' ~ '.' AORBIIMBNT 'l'BIS AORBIIMBNT, made this ~ day of ~ , 1999 by and between THOMAS C. SHAFFBR, SII.. of Cumberland County, Perulsylvania (hereinafter referred to as HUSBAND), and SANDRA L. SCHAFFIIlR of CUmberland County, Pennsylvania (hereinafter r.efen-ed to as WIFIIl) , WHIIlREAS, HUSBAND and WIPE were lawfully married on March 10, 1964 in Hagerstown, Maryland, and; WHBREAS, there are no minor children born of this marriage: WJl'EREAS, diverse, unhappy differences, disputes and difficulties havl. arisen between the parties and it is the intention of WI...~ and HUSBAND to live separate and apart for the rest of their natural lives, and the parties hereto are desirous of settling fully and finally their respective financial and property rights and oblia::-.t:ions as between each other, including without limitation by specification: the 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, and alimony; and in general, the settling of any and all claims by one against the other or against their respective estates. NOW, THBRBFORB, in consideration the premises and of the ! mutual promises, Covenants and undertakings hereinafter set forth hereby acknowledged by each of the parties hereto, WIFIIl and HUSBAND, each intending to be lpgally bound, hereby covenant and agree as follows, 1. SIIlPARATION, It shall be lawful for each party at all times hereafter to live separate and apart from the other party at such place as he or she may from time to time chose or deem fit, The foregoing provisions shall not be taken as an admission on the part of either party of the lawfulness or unlawfulness of the causes leading to their living :lpart. 2. IN'l'ERPBRENCE: Each party shall be free from interference, authority, and cuntact by the other, as fully as if he or she were single and unmill'l'i.ed, except as may be necessary to carry out the provisions of I: his Agreement . Neither party shall molest t.he other or attempt to (',cleavor to molest the other, nor compel the other to cohabit wit 11 the ot.her, or in any way harass or malign the ot.her, nor in any way interfere with their peaceful existence, separate and apart. 3. SUBSEQUENT DIVORCE: The parties hereby acknowledge that HUSBAND has filed a Complaint in Divorce in Cumberland County to docket number 98-2464 Civil claiming that the marriage is irretrievably broken under the no-fault mutual consent provision of Section 3301 (c) of the Pennsylvania Divorce Code. WIFE hereby expresses her agreement that the marriage is irretrievably broken and expresses her intent to execute any and all affidavits or other documents necessary for the parties to obtai.n an absolute divorce pursuant to Section (c) of the Divorce Code at the same time as she executes thi.s agreement. The parties hereby waive all rights to .? request Court-ordered counseling under the Divorce Code. It is further specifi.cally understood and agreed by the parties that the provisions of this Agreement as to equitable distri.bution of property of the parties are accepted by each party as a final settlement for all purposes whatsoever, as contemplated by the Pennsylvania Divorce Code, Should a decree, judgment or order of separ'ation or di.vorce be obtained by either of the parties in this or any other state, country or jurisdiction, each of the parties hereby consents and agrees that this Agreement and all of i.ts covenants shall be not affected in any way by any such separation or divorce; and that nothing in any such decree, judgment, order or further modification or revision thereof shall alter, amend or vary any terms of this Agreement, whether or not either or both of the parties shall remarry. It is specifically agreed, that a copy of this Agreement or the substance of the provisions thereof, may be incorporated by reference into any divorce, judgment or decree, It is the specific intent of the parties to permit this Agreement to survive any judgment and to be forever binding and conclusive upon the parties. 4. DATB OP EXECUTION: The "date of execution" or "execution date" of this agreement shall be defined as the date upon which it is executed by the parties if they have each executed the agreement on the same date. Otherwise the "date of execution" or "execution date" of this agreement shall be defined as the date of execuUon by the party last executing this agreement. 5. DISTRIBO'TION DATI!:: The transfer of property, funds 3 and/or documents provided tor herein, shall only take place on the "distribution date" which shall be defined as specified herein. G . Mt1TOAL ULBASE: HUSBAND and WIPE each do hereby mutually remise, release, quitcla.im and forever discharge the other and the estate of such other, for all time to come, and for all purposes whatsoever, of and from any and all rights, tit le and interests, or claims in or against the property (including income and gain from property hereaf'er accruing) of the other or against the estate of such other, 01' whatever nature and wheresoever situation, whic~h he or she now has or at any time hereafter may have against the other, tll'o estate of such other or any part thereof, whether arising out of any fOl::11ler acts, contracts, engagements or liabilities ot '~uch other or by way of dower or curtesy, or claims in the na' liP.) 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 willi or the right to treat a lifetime conveyance by the other as testament.ary, or all other rights of a survi ving spouse to participate in a deceased spouse's estate, whether arising under the laws of (a) Pennsylvania, (b) any State, Commonwealth or territory of the United States, or (c) any country, or any rights which either party may have or at any time hereafter' shall have for past, present or future support or maintenance, alimony, alimony pendente lite, counsel fees, property division, costs or expenses, whether arising as a result of the marital relations or otherwise, except, all rights and agreements and obligations of whatsoever 4 nature arising or which may arise under this Agreement or for the breach of any provisions thereof. It J.B the intention of HUSBAND and WIPE 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, except and only except all rights and agreements and obligat.:l.cms of whatsoever nature arising or which may arise under this Agreement or for the breach of any provision thereof. It. is further agreed that this Agreement shall be and constitute a full and final resolution of any and all claims which each of the parties may have against the other for equitable division of property, alimony, counsel fees and expenses/ alimony pendente lite or any ot.her claims pursuant to the Pennsylvania Divorce Code or the divorce laws of any other jurisdiction. 7. ADVICE OP COUNSEL: The provisions of this Agreement ~~d their legal effect have been fully explained to the parties by JUDITH A. CALKIN, ESQUIRE / counsel for HUSBAND and GERALD J. 8~P'KLETSKI, ESQUIRE, counsel for WIFE. HUSBAND and WIPE accept. that this Agreement is, in the circumstances, fair and equitable and that it is being entered into freely and voluntarHy and that. execution of this Agreement is not the result of any duress or undue influence and that it is not the result of any collusion or improper or illegal agreement or agreements. The parties further acknowledge that they have each made to the other a full accolUlt.ing of their respective assets, estate, liabilities, and sources of income and that they waive any 5 specific enumeration thereof for the purpose of this Agreement, Each party agrees that he and she shall not at any future time raise as a defense or otherwise the lack of such disclosure in any legal proceeding, involving this Agreement, with the exception of disclosure that may have been fraudulently withheld. 8. WARRAN'l'Y AS 'l'0 EXISTING OBLIGATIONS: Each party represents that they have not heretofore incurred or contracted for any debt or liability or ob] igation for which the estate of the other party may be responsil 'c~ or liable except as may be provided for in this Agreement. Each party agrees t.o indemnify and hold the . other party harmless for illld against any and all such debts, liabilities or obligations 0" every kind which may have heretofore been incurred by them, incl\1din: those for necessities, except for the obligations arising out,f this Agreement. 9. WARRANTY AS TO PUTURB OBLIGATIONS: WIPE and HUSBAND each covenant, warrant, represent and agree that with the exception of obligations set forth in thj.s Agreement, neither of them shall hereafter incur any liability whatsoever for which the estate of the other may be liable. Each party shall indemnify and hold harmless the ot.her party for and against any and all debts, charges and liabilities incurred by the other after the execution date of this Agreement, except as may be otherwise specifically provided for by the terms of this Agreement. 10. PERSONAL PROPBRTY: The parties hereto have divided between themselves, to their mutual Batisfaction, all items of tangible and intangible marital proper.ty. Neither party shall make 6 any claim to any other such items of marital property, or to the separate personal property of either party, which are now in the possession and/or under the control of the other. Should it become necessary, the parties each agree to sign, upon request, any titles or documents necessary to give effect to this paragraph. Property shall be deemed to be in the possession or under the control of either party if, in the case of tangible personal property, the item is physically in the possession or control of the party at the time of the signing of t.his Agreement, and in the case of intangible personal property, if any physical Dr written evidence of ownership, ouch as passbook, checkbook, policy or certificate of insurance or other similar writing is in the possession or control of the party. HUSBAND and WIPE shall be deemed to be solely and individually in the possession, cont.rol and ownership of any pension or other employee benefit plans or other employee benefits of any nature to which either party may have a vested or conti.ngent right or interest, at the time of the signing of this Agreement. Specifically, WIFE waives any right she may have i.n any employee benefits, on any nature, that HUSBAND acquired through his employment an as steel metal worker and membership in the Sheet Metal Union. 11. MOTOR VEHICLES: The parties agree that HUSBAND and WIFE shall become the sole and exclusive owner of any motor vehicle in their possession. 12. REAL ESTATE: WIPE owns a home located at 655 Mountain Street, Enola, Cumberland County, pennsylvania. HUSBAND 7 waives any right or interest in said home, if any may he have, and 'agrees that the home is the sole and separate property of WIFE. 13. UTlR ACQUIRBD PIRSONAL PROPBRTY I Each of the parties shall hereafter own and enjoy, independently of any claims or right of the other, all items of personal property, tangible or intangible, 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 purposeu, as though he or she were unmarried. 14 , WAIVBR OP A', IMONY PINDBNTE LITE AND LEClA.L PEES I Each party hereby waives any right to alimony pendente lite. The . parties agree to be responsible for their own attorney's fees. 15. POLL DISCLOSUl1B: Each party asserts that she or he has made a full and camp] et!" disclosure of all the real and personal property of whatsCNer nature and wheresoever located belonging in any way to each of them, of all debts and encumbrances incurred in allY manner whatfloever by each of them, of all sources and amounts of income received or receivable by each of parties, and of every other fact relating in any way to the subject matter of this Agreement. These' disclosures are part of the consideration made by each party for entering into this Agreement. 16. .~ ALIMONY: HUSBAND agrees to pay WIFE the sum of One Hundred twenty-five ($125.00) Dollars per week to WIFE for a period of three (3) years from the date of execution of this agreement. The amount or duration of the alimony shall not be subject to change except it shall be terminated immediately uppn I the death of either party or the remarriage or cohabitation of WIFE B should any of theae events occur before the conclusion of the three (3) years. 17. IRS: WIFE received a refWld from the IRS in 19__ which refWld was a result of a prior joint IRS filings. HUSBAND waives any right he may have ill said refund, and he agrees it shall be the Bole and separate of WU'E. 18. WAIVBR OR MODIFICATION TO BB IN WRITINO: No modification or waiver of allY of the tems hereof shall be valid Wlless in wrHing and signed by both parties and no waiver of any breach hereof or default hereunder shall be deemed a waiver of any subsequent default of the same or similar nature. 19. MUTUAL COOPBRATION: Each party shall, at any time and from time to time hereafter, take any and all steps and execute, acknowledge and deliver to the other party any and all further instruments and/or documents that the other party may reasonably require for the purpose of giving full force a:ld effect to the provisions of this Agreement. 20. APPX,:X:C'.lI.''3X,E I.AW: This Agreement shall be construed in accordance with the laws of the Commonwealth of Pennsylvania which are in effect as of the date of execution of this Agreement. 21. AGRBBMBNT BINDINO ON HEIRS: This Agreement shall be binding and shall inure to the benefit of the parties hereto and their respective heirs, executors, administrators, successors and assigns. 22. INTEORATION: This Agreement constitutes the entire Wlderstanding of the parties and supersedes any and all prior 9 agreements and negotiations Letween them. There are no representations or warranties other than those expressly set forth herein, 23, OTBsa DOCUMBNTATION: WIFE and HUSBAND covenant and agree that they will forthwith execute Clny and all written instl'uments, assignments, releasea, sat.isfact.ions, deeds, notes or such other writings as may be necessary or desirable for the proper effectuation of this Agreement. 24, NO WAIVla ON DeFAULT: This Agreement shall remain in full force and effect unless and until terminated under and pursuant to the terms of thir: Agreement. The failure of either party to insist upon strict performance of any of the provisions of this Agreement shall i.n no way "ffect the right of such party hereafter to enforce the same, nor' shall the waiver of any default or brea.ch of any provisions hereof be construed as a waiver of any subse~lent default or breach of the same or similar nature, nor shall it be construed as a waiver of strict performance of any other obligations herein. 25. SIVBRABILITY: If any term, condition, clause or provision of this Agreement shall be determined or declared to be void or invalid in law or otherwise, then only that term, condition, clause or provision shall be stricken from this Agulement and in all other respects this Agreement shall be valid and continue in full force, effect and operation. Likewise, the failure of any party to meet her or his obligation under anyone or more of the paragraphs herein, with the exception of the 10 satisfaction of the conditions p~ecedent, shall in no way avoid or alter the remaining obligations of the parties. 26. BRaACBI If either party breaches any provisions of this Agreement, the other party shall have the right, at his or her election, to sue for damages for such breach or seek such other remedies or relief as may be available to him or her, and the party breaching this contract shall be responsible for payment of reasonable legal fees and costs incurred by the other in enforcing their rights under this agref'l~\E.mt, 27. BEADINGS NOT PART OP AGREJllM!IlNT: Any heading , . preceding the text of the sp",cral paragraphs and subparagraphs hereof are inserted solely for convenience of reference and shall not affect its meaning, construcl'ion or effect, IN 1\' '1'Nl:SB WHIIlREOF, the parties hereto have set their hands and seale; !-his day and year' first above written. ~ BL. (f~~ -.:.:-~ f, )")llv / t... .. ~"'t . Thomas C. Shaffer/' . ' ~~q;d~ Wi 'S 4~,^- C/. A4 ~/ b1 ./ Sandra L. Shaffer /7 11 'fHOMAS (). SIIAFIIER, SR., I IN THE COURT OF C~ON PLEAS Plaintiff CUMBERLAND COUNTf. PENNSYLVANIA . . . . va. . CIVIL DIVISION . SANDRA L. SHAFFER, . NO. 98-24611 CIVIL TER.I1 . Defendant I PRAECIPE TO TRANSMIT RECORD To the Prothonota~: Tranlmit the record. together with the tolloving information to the court for ent~ of a divorce decree; 1. Ground for divorce: irretrievable breakdown under 53301(c) lI~~tl) of the Divorce Code. (Strike out inapplicable section). 2. Date and Manner of service of the complaint: __ .--' c'prtJfJed-Restricted Delivery 5/4/98 3. Complete either paragraph (a) or (b). (a) Dato ~f execution at the affidavit by 53301(c) of the Divorce Code: by pl.aintiff by defendant 1/29/99 of consent required 2/2/99 (b)(l) Date at execution of of the Divorce COde: service of the plaintlft's ftffidavit the affi~avit required by S3301(d) _: ('-I Date of fi1ingand upon the respondent; 4. Related claims pending: NONE S. Complete either (a) or (b). (a) Date and manner of service of t~e notice of intention to fUe praecipe to transmit record. a copy of wM.ch 18 attached: N/A . f Had -- (b) Date plaintiff's Waiver of Notioe in 53301(01 Divorce WIIS with the ProthonQta~y: Date defendant's Waiver of Notice in 53301(c) Divorce was with the Prothonotary: 2/5/99 filed \l,'y(,{A /A / A torney for 1\ ' t. '" ( J;tjj(~ (Plaint1ff)(&.~~~ ~ \,() r: ... l'" ~r, .. ~~; -- .~ "" ~ '-~:;';;' ~; :r:: ii', C>. ("\ ;,:J '_i: C:" .~.- ;l"'/) 'flU C'") (I) :;{-~ It!" n~ r~ ' (.\~ I ti(;j ...~t (.\lL.\. '/. m .,:r: -3 (.) en (' ~ :.;) ~ .'<'S ~ ........ ~ () ~ '- b ~Nl~ ~..~.. ~? ~ J ~~ ~ . ~~ ~.~ i~ 0 . ~ ~ s . 1>'1'" ~ ~d~ ~ il ~~ ~-g ~~ Utl.~~ II ~~ < i~~ I ~ ~8 '-" ~.... III III ~g E ~:~ t: U 0,<"1 . . . ~. u ,~ ...:i Cl "lfi '" I j:I :J ,i!i I ~ ~ , _OJ ", ,j, -; If . ....-' . fl\div\lhaf'lr..nl\'_'. THOMAS C. SHAFFER, SR., I IN TilE COURT OF COMMON PLEAS OF Plaintiff I CUMBERLAND COUNTY, PENNSYLVANIA I v. I NO. 98-2464 CIVIl, I SANDRA L. SHAFFER, CIVIL ACTION IN DIVORCE Defendant ANSWER AND COUNTERCLAIM AND NOW oomes the defendant, Sandra L. Shaffer, by and through her attorneys, Stone LaFaver & Shekletski, and sets forth the follow- ing answers to plaintiff's complaint. 1. Admit t ed . 2. Admitted. 3. Denied. Defendant is unable to form a belief as to the truth 3 and proof thereof, if relevant, is of the averments of paragraph demanded at time of trial. 4. Admitted. 5. Admitted. 6. Admitted. 7. Admit ted and Denied. The defendant admits that the parties have lived separate and apart for a period in exoess of two (2) years. The defendant denies that the marriage is irretrievably broken. 8. Denied. No responsive pleading is required of the defendant with respect to paragraph 8. -1- WHIRIPORl, defendant requests this Honorable Court to deny the plaintiff's request to enter a Deoree of Divoroe under S330l(d) of the Divorce Code. COUNTERCLAIM AND NON comes the defendant, Sandra L. Shaffer, by and through her attorneys, Stone LaFaver & Shekletski, and hereby files the following oounterclaim in this matter. Reque.t for Equitable Distribution of Marit~I Property Under S 3502(a) of the Divorce Code 1. The prior paragraphs of defendant's answer to plaintiff's oomplaint are inoorporated herein by referenoe thereto. 2. The plai.ntiff and defendant have aoquired property during their marriage until the date of their separation. 3. The plaintiff and defendant have been unable to agree as to an equitable distributlon of said property. WHEREFORE, defendant prays for the entry of an order distributing all the aforementioned property as the Court may deem equitable and just plus costs. Respectfully submitted, STONE &~& SHEKLE;S~I_. :;' K // /7 ,;-7'- -' 1// /" // -"'" .) Bye L_,?/" /.,L./ /V,C-' ,/ , Gerald J. ekletski, Esquire Supreme Court *40486 414 Bridge st., P.O. Box E New Cumberland, PA 17055 Telephone: (717) 774-7435 Attorneys for Defendant -2- fl'd~v'.~.ff.r.Old'5~" THOMAS C. SHAFFE~, SR., I IN TilE COURT OF COMMON PLEAS OF Plaintiff I CUMBERLAND COUNTY, PENNSYLVANIA I v. I NO. 98-2464 CIVIL I SANDRA L. SHAFFER, I CIVIL ACTION - IN DIVORCE Defendant : COUNTER-AFFIDAVIT UNDER S 3301(d) OF THE DIVORCE CODE 1. Check either (a) or (b): L (a) I do not oppose the entry of a divorce decree. (b) I oppose the entry of a divorce decree because (Check (i), (ii) or both): (i) The parties to this action have not lived separate and apart for a period of at least two years. ~ (ii) The marriage is not irretrievably broken. 2. Check elther (a) or (b): (a.) I do not wi.sh to make any claims for economic relief. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expellses if I do not claim them before a divorce is granted. 4~ (b) I wish to claim economic relief which may include alimony, division of property, lawyer's fees or expenses or other important rights. I understand that in addition to checking (b) above, I must also file all of my economic claims with the prothonotary in writing and Ilerve them on the other party. If I fail to do so before the date set