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HomeMy WebLinkAbout98-02466 M / 8 ~ ~------_., "^" ..- - -- _A, _, ,_ .., '" , '~~~~~~~'-~'*-~'~'**'~"~"*"~'**~'~' M ..- ,", ~ .. .." .:+} .:+;, :. <+:. ~ -:.~< :-:+;. .:+:. >~.>":.:. .:+:. {c.- ':C.~:.;. .. , . - , , '." - -- -~- - -- '..-,'-".,.--,---. ~ ~ " ~ .. , .~._~~'~-~~~~,~*,~*,~,~* 1it .. "--~-........-.-.....-,-;---...--,- -'. -, ",.- -, -"-. - .., .,.', -,. ... ,--.. ' .,~.., --, -,.- -, -. ~ .--, ~ , ....._ '_'_, , ... . ~, ~ ~ ~.I IN THE COURT OF COMMON PLEAS ~, ~ ,', ~ OF CUMBERLAND COUNTY ~ ... ~ PENNA. ... ~ STATE OF " ... w ... Don M. Monismith, Jr. w ~, ... ~ N (), 9~~?46Ej,..., '-'-''-'-' 1998 PIa int if f ,', ~ V(' 1':.;1 1:-; ,', ~ Gail P. Monismith ... ~ Defendant *. ',' .' ,', ~ ~ ... DECREE IN DIVORCE ,'. ~ ~ ... ~ t"f ~ .'~ ~ ~ ~ " " ~ AND NOW, ' . , , . , ,M~v~ . .':1 , , . , , " 19. ,99", it is ordered and decreed that, , , , , , . Do~. .M:. M,onism,ith,' .~r ,'. . , , , " . , , . . . , , , " plaintiff, and "",..qai1,.~:,M,~ni!3m,ith.., """""""""""" defendant, are divorced from the bonds of matrimony, The c:ourt 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, the equitable distribution clause was resolved by the ",., ""'J""'" ,..,',..."..""..".., .,...,...."...,',.,.,....".,." parties Property Settlement Agreement, which is herein ,in,c,orpor,at.ed, ,by, r,eference., .but, not.. merged, ,with ,this, ,Qecr.ee.", ~. ~ ~ ~i ~ " By ThO. COli 1'.1 'J! Lfl 11/ " 0 . .{A/Il--:J c. 0 ^",," J d"L /' 4: /?~.,; V' '7 .' ~;-7' 7tt'7<. ~l..' r ~tff:'" .- 'fJ . (/ )rffihonolnry <~;, {+;. .:+;. ~ -:+:. <.;. .~.;, ,~.;. ~ ~ ',' ~ ~, ~ ~ ~ .~ ,'. * ~ ~ .,' w ... M " a " ~ ',' i., ~ ,,~ ~ ~, ~ \~ ~, ~ ~ ~..' ,'~ ~ ~ ~.' ~ '.' ~ ~. ~ ~.l ~ ',' ~ ~ )0,1 I ,,,, I~ ~ ',' ~ .,' ~ ',' J, ~ * ~ ',0 ,', ~ v " II' DON M. MONISMITH, JR., IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA PlAINT IFF' VB. NO. 98-2466 CIVIL TERM IN DIVORCE GAIL P. MONISMITH, DE FENDANT CIVIL AC1'ION - LAW PROP'&RTY SETTLEMENT AGREEMENT ( THIS AGREEMENT, made this ,;1:1"1-(, day of 19~, between DON M, MONISMITH, JR., here "Husband" and GAIL P. MONISMJ.TH, hereinafter /fI..I-(,~_, after ~ called "Wife." WITNESSETH: The parties hereto, being Husband and Wife, were lawfully married on or about Noven~er l2, 1983, in Lebanon, Lebanon County, Pennsylvania; There was one child born of the parties: JESSE MONISMITH, born September' 23, 1987. Husband and Wife have shared legal custody with Wife having primary physical custody of the child, and Husband has and exercises partial custody and visitation rights based on mutual informal agreement; Husband is represented by 'l'homas M. Devlin, Attorney at Law, and Wife has either sought the advice of undisclosed legal counselor waived her rights to legal counsel. Wife acknowledges that Thomas M. Devlin represents Husband only, and that Thomas M. Devlin has not advised her in any way other that to obtain her own legal counsel; and Diverse and unhappy differences have arisen between the parties, and they are separated and living apart from each other in excess of two years, and it is the intention of Husband and Wife to separate 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 obligations 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; the settling of all matters between them relating to the past, present and future support, alimony and/or maintenance of each other; and in general, the settling of any and all claims and possible claims by one against the other or against their respective estate. 1 ; NOW 'l'HERE~'ORE, in consideration of the premises and 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 hereto in settlement of the above-captioned proceedings, Husband and Wife, each intending to be legally bound hereby, covenant and agree as follows: 1. INCORPORATION OF PREAMBLE The recitals set forth in the Preamble of this Agreement are incorporated herein and made a part hereof as if fully set forth in the body of the Agreement. 2, AGREEMEN'r NO'!, A BAR 'fa DIVORCE PROCEEDINGS This Agreement shall not be considered to affect or bar the right of Husband and Wife to an absolute divorce on lawful grounds if such grounds now exist or shall hereafter exist or to such defense as may be available to either party. This Agreement is not int.ended to condone and shall not be deemed to be condonation on the part of either party hereto of any act or acts on the part of the other party which have occasioned the disputes or unhappy differences which have occurred or may occur subsequent to the date hereof. The parties acknowledge that their marriage iu irretrievably broken and that they shall secure a mutual consent no-fault divorce pursuant to the terms of Section 330l(c) of the Divorce Code in a Cumberland County divorce action. The parties shall execute Affidavits of Consent upon the expiration of the mandatory 90-day waiting period, with the Order or Divorce Decree to be entered any time after January 1, 1999, but not before. 3. EFFECT OF DIVORCE DECREE 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. 4, AGREEMENT TO BE INCORPORATED IN DIVORCE DECREE I ( The parties agree that the terms of this Agreement shall be incorporated into any Divorce Decree that may be entered with respect to them, 2 ( ~ , nor compel or attempt to compel the other to cohabH or dwell with him or her. 10. MUTUAL RELEASES Husband relinquishes his inchoate intestate right in the estate of Wife, and Wife relinquishes her inchoate intestate right in the estate of Husband, Dnd each of the parties hereto by these presents, for himself or herself his or her heirs executors, administrators o~ assIgns, does remise, release, quitclaim, and forever discharge the other party hereto, his or her heirs, executors, administrators or assigns, or any of them, of and from any and all claims in the nature of dower and curtsey or widow's or widowers 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 as testamentary, or all other rights of a surviving spouse to participate in a deceased spouse's estate, whether arIsing under the laws of the Conunonwealth of PennsylvanIa or any other state or any country, as well as any and all other claims, demands, damages, actions, causes of actions, or suits at law or in equity, of whatsoever kind or nature, for or because of any matter or thing done, omitted, or suffered to be done by said party prior to and including 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 nlay have against the other party. 11. MARITAL PROPERTY The parties hereto acknowledge and agree that they have acquired various assets during their marriage, whether the same were held jointly or individually by the parties hereto, including but not limited to: A. Household goods, contents, furnHure, furnishings, expensive antique furniture, and sundry other personal property belongings. B. Various bank accounts, including a joint Checking account which at the time of separation approximated a value of $2,000.00; a bank account held by Husband in the approximate amount slightly in excess of $70,000.00; and in addition various certificates of deposit or savings held in Wife's name. 4 , 0' C. Various motor vehicles, including a 1995 Dodge truck purchased in 1996 for $20,000,00 but with an estimated value of $16,OOO-l7,OOO.00; a 1986 Nissan 300ZX originally purchased for $22,000.00 but with a current uncertain value; and a 1985 Ford Ranger with an approximate value of $4,000.00 0, Five original paintings that were valued at a purchase price together of approximately $10,000.00 but a present uncertain value. E. Firearms estimated value between $12,OOO-l3,000,OO which is the eotimated original purchase price cost. F, Marital residence consisting of a house and barn on approximately 6 acres known as 6020 Blue Mountain Trail, Enola, PA l7025, with an estimated approximate value of $200,000.00. G, Husband's approximate 30 year retirement benefits through Bethlehem Steel Corporation & Subsidiary Companies, which is in current retirement pay status. A copy of said statement displaying monthly benefits J.s herein attached and marked as !!:xhibit "A". H. Two horses of uncertain value. I: The 6 acres behind the marital residence which is currently held jointly by Husband and WJ.fe in bare legal title only for the benefit of their son Jesse Monismith. l2. DISTRIBU1'ION Ob" MARITAL PROPER1'Y The parties hereto covenant and agree that the assets described in Paragraph ll, above, together with any other property that the parties acquired individually or jointly prior to the marriage, have been or are hereby being divided and distributed between them as follows: A. The back 6 acres to the property on Blue Mountain Trail, held in the name of Husband and Wife, are for Jesse Monismith, and both Husband and Wife agree that the deed will be reconveyed :lnto Wife's name alone but she will continue to hold the property that way, and it shal:l not be alienated to creditors for liens or judgments nor shall it be conveyed to any third parties including but not limited to any future spouses of Wife. Husband and Wife agree to share on a 50/50 basis 5 . the costs of taxes or other municipal expenses associated with that real property held for Jesse Monismith, B. Husband shall keep his full retirement pension benefits, in exchange for conveying his interest in the marital residence consisting of appI'oximately 6 acres, the house and barn and miscellaneous buildings on Blue Mountain Trail to Wife. All taxes, insurance and utilities on that real property would be removed from Husband's name and placed in Wife's name upon entry of the deed or quit claim deed conveying the property solely to Wife or the entry of the Divorce Decree, whichever occurs first. Wife agrees to execute any documents necessary, if any, to vest ownership of Husband's pension benefits completely for Husband. 1) Husband will pay all the unpaid real property taxes on the marital residence which have not been paid for 1998 and 1999. In further consideration of Wife's waiving all alimony, alimony pendente lite, or counsel feeG, Husband has ).Ij paid off the balance of the mortgage on the marital residence and advi!!lCed out of his savings account an ./ additional <[Tcr;ooO, ~;to Wife, which has already been paid. Husband snarI keep the remaining balance of that savings account which was subsequently transferred to the joint marital checking account. D. Husband and Wife acknowledge that they now have separate accounts since their separation. Wife will keep all her separate accounts, certificates of deposit and other savings, and Husband will keep all his accounts as well as the prior joint checking account which either Wif" already has or will sign over to Husband. E. Wife will keep the 1986 Nissan 300ZX and the 1985 Ford Ranger, and Husband will keep his 1995 Dodge truck. F. Wife will keep her horse. Husband will keep his horse Bar, but Husband will be allowed to keep Bar at the stable at what will be the former marital residence at 6020 Blue Mountain Trail, Enola, PA, without board so long as Bar lives. Husband will have free access to the property for riding and care of the horse. All the hay for both horses, however, will be paid for by Husband so long as Bar is alive in place of payment for keeping Bar there. 6 shall continue to make child support payments in the amount of $600.00 per month. The amount of child support shall remain modifiable for increase or decrease by Domestic Relations actions or procedures, Husband and Wife agree that either may submit this Agreement to the Domestic Relations Office to obtain a Domestic RelatIons Order of chBd support. to enter this child support provision to a Domestic Relations order or to request a modification to become a Domestic Relations order. Husband's child support obligation shall continue until such time ao the child marries, becomes self supporting, emancipated, dies or no longer maintains a permanent residence with Mother, attains the age of eighteen (18) and has completed his high school education or discontinues his high school education, whichever event first occurs, at which time Husband's child support obl.igation shall cease. If Jesse goes on to college and remains in a regular full time college curriculum, Husband shall continue to pay monthly child support throughout the calendar year until su'ch time as Jesse graduates from college or turns twenty-two years of age, whichever occurs first, after which Husband's child support obligations shall cease. In accordance with the above pertaining to modifiability, these provisions for Jesse's college years shall also remain modifiable. Husband acknowledges that without this agreement, he would not be required under current Pennsylvania law to pay child support during Jesse's college years beyond his 18th birthday. Husband and Wife agree that Wife as the custodial parent will be entitled to claim the tax dependency exemption for Jesse, unless Husband and Wi fe otherwise agl:ee. Husband and Wife can agree from time to time to allocate the dependency exemption to the noncustodial parent when the general requirements under IRe Section 152 are met, F'or such an agreed to tax year, the custodial parent agrees to sign the Form 8332 or other appropriate statement to allow the noncustodial parent to qualify for the dependency exemption. I ~, 15. INDEMNIFICATION FOR PAST DEBTS Each of the parties hereto covenants and agrees to assume full responsibility for and to pay all debts and obligations of whatsoever kind or nature incurred individually by that party prior to the day and date of this Agreement, and each of the parties hereto hereby covenants and agrees to indemnify and defend the other party and save him or her harmless from all liability or claim on account of said debts and obligations from and after the date hereof. 8 16, FUTURE OWNERSHIP OF PROPERTY Each of the parties hereto may hereafter own and enjoy, independently of any claims or rights of the other, all items of personal and real 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 purposes as though he or she were unmarried. 17. MUTUAL RELEASES The parties hereto acknowledge that under prevailing Pennsylvania law they each have certain possible fiscal rights, including but not limited to the following: spousal support, alimony pendente lite in the event of a divorce, permanent alimony subsequent to a divorce, recovery of counsel fees, costs and expenses in the event of a divorce, and the equitable distribution of marital property, as well as the right to seek discovery of assets through interrogatories and/or depositions, to obtain income and expense statements, have property identified and approved and the right to have a court determine marital property and equally divide marital property or otherwise have a court decide the rights, remedies, privileges or obligations of the parties. It is the intention of the parties hereto that except as otherwise provided herein, all of the foregoing rights and remedies are hereby VOLUNTARILY AND KNOWINGLY WAIVED AND FOREVER RELEASED and that this Agreement shall have the effect of a final Order of Court relieving each party of the obligation to the other for any and all of the foregoing possible rights and remedies, except as otherwise provided herein. SPEC I1i'I CALLY , BOTH PARTIES COVENANT AND AGREE THAT: BOTH WAIVE, RELEASE AND FOREVER RELINQUISH THEIR RESPECTIVE POSSIBLE RIGHTS OF SPOUSAL SUPPORT FROM AND AGAINST THE OTHER PARTY; NEITHER PARTY WILL AT ANY TIME SEEK ALIMONY PENDENTE LITE, COUNSEL FEES, COSTS OR EXPENSES FROM THE OTHER PARTY; NEITHER PARTY WILL SEEK DISCOVERY , OF ASSETS; AND THE PARTIES HAVE EFFECTED AN EQUITABLE DIS~RIBUTION OF THEIR MARITAL PROPERTY AND NEITHER WILL SEEK FURTHER DISTRIBUTION BY ANY ACTION AT LAW OR IN EQUITY. 18, OTHER WRITINGS Each of the parties hereto agree to execute any and all documents, deeds, bills of sale or other writings necessary to carry out the intent of this Agreement, ! 9 E. FULLY AND COMPLETELY UNDERSTANDS EACH PROVISION OF THIS AGREEMENT, BOTH AS TO THE SUBJECT MATTER AND LEGAL EFFECT. F. HUSBAND AND WIFE HEREBY AClQIOWLEDGE THAT THIS AGREEMENT IS FAIR AND EQUITABLE, THAT IT AOEQUA'rELY PROVIDES FOR HIS OR HER NEEDS AND IS IN HIS OR HER BEST INTERESTS AND THAT THE AGREEMENT IS NOT THE RESULT OF ANY FRAUD, DURESS, OR UNDUE INFLUENCE EXERCISED BY EITHER PARTY UPON THE OTHER OR BY ANY OTHER PERSON OR PERSONS UPON EITHER PARTY. G. HUSBAND AND WIFE UNDERSTAND THAT HE OR SHE HAS THE RIGHT TO OBTAIN FROM THE OTHER PARTY A COMPLETE INVENTORV OR LIST OF ALL OF THE PROPERTY THAT EITHER OR BOTH PARTIES OWN AT THIS TIME OR OWNED AS OF THE DATE OF SEPARATION, AND THAT EACH PARTY HAS THE RIGHT TO HAVE A COURT HOLD HEARINGS AND MAKE DECISIONS ON THE MATTERS COVERED BY THIS AGREEMENT 0 BOTH HUSBAND AND WIFE UNDERSTAND THAT A COURT DECISION CONCERNING THE PARTIES' RESPECTIVE RIGHTS AND OBLIGATIONS MIGHT BE DIFFERENT FROM THE PROVISIONS OF THIS A{;REEMENT. 23. AMENDMENT OR MODIFICATION This Agreement may be amended or modifJ.ed only by a written instrument signed by both parties. 24. SEVERABUITY 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 Agreement and in all other respects this Agreement shall be valJ.d and continue in fUll force, effect and operation. Likewise, the failure of any party to meet his or her obligations under anyone or more of the paragraphs herein, with the exception of the satisfaction of the conditions precedent, shall in no way avoid or alter the remaining obligations of the parties. 25. LAW APPLICABLE This Agreement shall be governed, construed and enforced under the statutes and case law of the Commonwealth of Pennsylvania. 11 .. Bethlehem Sloel CorporaUon & Subeldlary Companl.. Poel,ReUrement Conllrmetlon Stalement Bawed on a Retirement Date 018/31198 N.me: Addre..: DON M, MONISMITH JR 6020 BLUE MTN TRAIL SSN: O.te 01 Birth: 175,40,5017 4/11/49 Date 01 Ret/rement: 6/31/98 V.... 01 Servloe: 30.42 Avg, Mo, Earnlnl/s: $5,062,57 Avg, Earning. Period: 9/1/H193 ,8/31/1998 Retirement CI...: 30..Year RoUromont Lltelneuranoo.t Retirement: 5130,000 "'NOLA, PA 17025 Retlremant Bonellt Eleotlons: Medloal: Keystone Heallh You are n participant In tho 1994 Stool Non'Represented Selarled Plen, This statement Is your final pension celoulaUon end shows the pension bene fils thet you will begin to receive aa 01 12/1196 baaed on tho ponslon benefil options you electod, Specl.1 Psyment 9/1/98.11/30198: Retirement Account B.lanoe .s 01 8/31/98: Effeotlve Date Your Monthl Benefit .' i~.. ;'$:'N~,!,-,r 5,Vsar Term Cert.ln Benellt 12/1/98 911103 5/1/11 51,675,17 $1,675,17 $1,675,17 $837,59 ,. $837,59 .. $837,59 .. $637,58 H Estlmalfl only. YDur oUglble surviving spouse would receive one half 0' your rnonlhly bonofilless 50% at her widow's social security benefll alage 60 but no los. lhan tho mInimum specified und!, the abov8 pension plan, Minimum $829,89 5829,89 $829,89 Percent $1,780,97 $1,780,97 $1,780,97 1,5 % Pension $1,503,84 . $\,503,84 . ~l,884,09 .. . Includes Eerly Retirement Reduction of $877,82 .. Includes Soclel Security offset of $706,15 Retirement Ace!. Monthly Offset: ($105,80) ($105,60) ($105,80) Your Nel Monthly Benem $1,875,17 $1,875,17 $1,875.17 ",-:,)'\,;,' I, "! :"'),,1: ;' I,; EXHIBI'f "1\" .... In "--,,-. I., r,t; (''': ~d -<t. I'; "..J "'", U:I." C) ."u f!: 4~. I -~1 J i."r' I ~) "'-- ! 5] (.,_.i I , t'1 C" :,') loW f,:: <,0 l. I 'L r~ l.i " 1,1. cn ..) 0 (J\ U ~ }." '-"1' ......... b; (';. f... J"";.. (-:.~ .. " U.I_-.~ f\J r" ~:': ()i-,c .) ~< -~.J f,~_< c~ , '( ~/8} 1111: I,., C)t~. ~.i" ("\,J '-')10) fL' ~i ' Crr) l.f.)OJ Ie; 1.1.1 U~tJ., LI.., I.l., C'I I:t.. () c.;" 'd . . 0 .