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HomeMy WebLinkAbout98-03081 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY STATE OF .', PENNA. MICHAEL L, HOPE, ~_ -------------..~.---...---.,. ..._-. .._--.,~_____ u__, Plaintiff No. 98-,)081 CIVIL ------------...--~.._---_.-.--...._-._--_...,----,._- --..----------. VERSUS HOBYNN C. HOPE, --~-----._._----.-._~.__..~-.._. Defendant --._----~...-._- DECREE IN DIVORCE AND Now._i.~L4u.))... -1~L__ ,'021. MICHAEL L. HOPE IT IS ORDERED AND DECREED THAT __, PLAINTIFF, AND ROBYNN C. HOPE '----___, DEFENDANT, ARE DIVORCED FROM THE BONDS OF MATRIMONY, THE COURT RETAINS JURISDICTION OF THE FOLLOWING CL,AIMS WHICH HAVE BEEN RAISED OF RECORD,jlfj,i, :f,ilS ACTION F'OR WHICH A FINAL ORDER HAS NOT YET BEEN ENTERED; "J/i', e... THE PARTIES MARITAL SETTLEMENT AGREEMENT DATED AUGUST 6, 2001 -~.~-_.._--_._-_.__..,~._~----~.- IS INCORPORATED HEREIN AS A FINAL ORDER OF COURT. ----_._----'''"'--;/+--------, ~ .. /' / /' _./ BY THE COURT: '. / i ,. t '~. './1,/ / ---------...--_L ",/( .(.....,___________ AT . . J, _h.:r~4 PROTHONOTARY . . . '+ . -t ... . .. . . . . . . . . . . . . . . . . '. . . . . . . . . . . . . . . . , limitation: the ownership and equitable distribution of all property owned by the parties; and the settling of all related economic claims inoludlng but not limited to spousal support, alimony and alimony pendente lite; tlnd in general the settling of any and all claims or possible claims of one against the other or against their respective estates; and. WHEREAS, each party is fully familiar with the all of the property owned by the parties and eaoh party acknowledges having sufficient opportunity to Investigate and evaluate the property owned by the parties, and both parties now desire to settle and determine his and her property rights and claims under the Divorce Code. NOW, THEREFORE, in consideration of the mutual promises hereinafter set forth and for other good and valuable consideration, receipt of which is hereby acknowledged by each of the parties hereto, the parties, Intending to be legally bound hereby, do covenant and agree as follows: 1. DIVORCE The parties agree to the entry of a Decree in Divorce pursuant to Section 3301(c) of the Divorce Code. Both parties shall execute and file the requisite Consents and Waivers with the Court contemporaneously with the execution of this Agreement. Husband's attorney shall file the Praecipe to Transmit the record and obtain a Decree in Divorce without delay. Should either party do anything to delay or dony the entry of such a Decree, or fall to do anything required to obtain the Divorce Decree in breach of this Agreement, the other party may, at his or her option, declare this Agreement null and void. 2 . 2. INCORPORATION BUT NOT MERGER INTO DIVORCE DECREE This Agreement and all warranties and representations contained herein shall survive the Divorce Decree and shall continue to be enforceable In accordance with Its terms. No Court may change the terms of this Agreement, and it shall be binding and inclusive upon the parties. An action may be brought at law, In equity or pursuant to the provisions of the Divorce Code to enforce this Agreement by either Husband or Wife. In the event of a reconciliation, attempted reconciliation or other cohabitation of the parties hereto after the date of this Agreement, this Agreement shall remain in full force and effect in the absence of a written agreement signed by the parties expressly stating that this Agreement has been revoked or modified. 3. ADVICE OF COUNSEL Wife is represented by Michael A. Scherer, Esquire, who is her separate legal counsel and she has been advised of her respective rights, privileges, duties and obligations relative to the parties' property rights and Interests undBr the Divorce Code and regarding alimony and spousal support. Husband is represented by Michael A. Koranda, Esquire. who is his separate legal counsBI and he has been advised of his respective j 'I ,\. f' rights, privileges, duties and obligations relative to the parties' property rights and interests under the Divorce Code and regarding alimony and spousal support. Husband and Wife acknowledge that each of them has read this Agreement and undBrstands his and her rights and responsibilities under this Agreement, that he and she have executed this Ii 3 <" ,\ beneflolarles of their retirement benefits notwithstanding remarriage of either party. C. INTANGIBLE PERSONAL PROPERTY The parties have divided between them to their mutual satisfaction all Intangible personal property consisting of cash, bank accounts, annuities, securities, Insurance policies and all other such types of proporty, The parties hereby agree that all such intangible property presently in the possession of or titled in the name of Husband shall be his sole and separate property. and that in the possession or titled in the name of the Wife shall be her sole and separate property. 6. DEBTS AND OBLIGATIONS Each party represents that she and he have not heretofore incurred or contracted Any debt or liability or obligation for which the other may be held responsible or liable. Each party agrees to indemnify and hold harmless the other from and against all such debts, liabilities or obligations of any kind which may have heretofore been incurred between them, except the obligations arising out of this Agreement. 7. INDEMNIFICATION Both parties covenant, warrant, represent and agree that each will now and at all times hereafter save and keep each other indemnified against all debts, charges, or liabilities Incurred by the other after the execution of this Agreement, except as may be otherwise specifically provided for by the terms of this Agreement and neither of them shall hereafter incur any liability whatsoever for which the Estate of the other may be liable. Each party further agrees to indemnify and save and hold harmless the other from any and 5 , all liabilities he or she may Incur upon the obligations of or assumed by the other, which Indemnification as to all provisions of this Agreement shall Include the right to recover out of pocket expenses and reasonable attorney's fees actually Incurred. 8. EQUITABLE AGREEMENT Both parties agree that the hereinabove set forth Agreement constitutes an equitable distribution of their marital property and equitable resolution of all other economic claims pursuant to the provisions of the Divorce Code and each party Irrevocably waives, releases. and remises any claim to ownership of or Interest In any property designated as the property of the other by virtue of the provisions of this Agreement except as otherwise may be provided pursuant to the provisions of this Agreement. 9. MUTUAL RELE:ASES Husband and Wife do hereby mutually release, remise, quitclaim and forBver discharge the other and the estate of the other from any and all claims either party has now, ever may have or can at any time have against the other or the other party's estate or any part thereof. whether arising out of formal contracts, engagements 01' liabilities of the other party. arising by way of widower's right or under the Intestate Law, arising by any right to take against the Will of the other party. arising out of the Divorce Code, Act No. 26 of 1980. as amended, Including, alimony, alimony pendente lite, counsel fees and expenses, arising as a right to spousal support or arising from anything of any nature whatsoever, excepting only those rights accorded to the parties under this Agreement. 6 , . \ 10, BREACH If either party to this Agreement resorts to a lawsuit or other legal action pursuant to the provisions of the Divorce Code or otherwise to enforce the provisions of this Agreement, the successful party shall be entitled to recover his or her reasonable attorney fees. actually incurred, from the other as part of the jUdgment entered in such IBgal action, whether in law, In equity, pursuant to the provisions of the Divorce Code or otherwise as the same shall be determined by the Court. 11. COMPLETE DISCLOSURE The 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 is cognizant of the wealth, real and/or personal properly, estate and assets, earnings and income of the other and that each has made a full and complete disclosure to the other of his or her entire assets and liabilities and any further enumeration or statement thBreof in this Agreement is specifically waived. 12. ENTIRE AGREEMENT This Agreement constitutes the entire understanding of the parties, There are no covenants. conditions, representations or agreements, written or oral, of any nature whatsoever, other than those herein contained. 7 13. MODI FICA TION This Agreement Is subject to modification only by a subsequent legal writing signed by both parties. It shall be construed according to the laws of the Commonwealth of Pennsylvania. 14. AGREEMENT' BINDING ON HEIRS This Agreement shall bind and Inure to the benefit of the parties hereto and their respective heirs, executors, administrators, successors and assigns. 15. CONTRACT INTERPRETATION For purposes of contract Interpretation and for the purpose of resolving any ambiguity herein, Husband and Wife agree that this Agreement was drafted and prepared Jointly by their respective counsel. 16. SEVERABILITY AND INDEPENDENT COVENANTS The parties agrBe that each separate obligation contained in this AgreemBnt shall be deemed to be a separate and independent covenant and agreement. 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 valid and continue in full force and effect. 17. COSTS AND ATTORNEYS' FEES Neither party shall reimburse the other for any court costs or filing fees associated with this case, and each party shall be responsible to pay his or her own attorneys' fees. 8 18. LAW AND JURISDICTION APPLICABLE This Agreement shall be construed In accordance with the laws of the Commonwealth of Pennsylvania. 19. OTHER DOCUMENTATION The parties agree that they shall within ten days of the date of this Agreement execute any and all written instruments or documents required to effectuate the terms of this Agreement. 20. ALIMONY Husband shall pay Wife alimony through the Domestic Relations Office at the rate of $1 09.00 per month beginning June 1,2001 and ending May 1,2006, Neither party may seek modification of this alimony provision during the five year period of payments. 21. PROVISIONS AS TO CHILDREN A. CHILD SUPPORT: An action is pending through the Cumberland County Domestic Relations Office whereby Husband Is paying child support to Wife. The parties shall continue to be governed by the action in the Domestic Relations Office absent a written agreement to the contrary. B, CUSTODY: The parties have reached an informal arrangement regarding thB custody of the children whereby Wife has primary physical custody of the children and Husband has partial physical custody of the children. Either party may petition the Court to modify thB present arrangement at any time. 9 ~ (;) () ., "tlP" :I.'lit , ,- ~'!'~ D~I n ",'j .,;~"i I !j Cfj<-,: \,0 , !~;Cj , , i:r.. : l~.. ,'";, ( <" (::lLJ , " ""C~ '- " ~~J ~;..,) ~~ *..... \0 ~ C') C1 ...,~ n :!:.,;, 1.111 [Rfli t.;:: .'1-, i~H) (t') i""''' .":C" I n't ' 6"" \.0 r> "<t,.c r~c ;D. "'1'1 :Hi () -."'" , n -. ~:. ~';:CJ -. --~ 'q ~, " 0<:. :J.) 1-; '<! ,~! .' 10 C) ("~ C') C ..... 1\ j',,? '''' ;:;.\fD (-= , \ , o P'1 en , ." ',-, I te " I '. r\ (1'/" . , \0 ,,' .-<<. , C. r;~l , is',~ 1"1 :~(" -- :.( ') ~:?el - {_.)(n p'C~ .. ::,: ~ ~ ',.1.' ,'eTl 0) ~.