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HomeMy WebLinkAbout98-03161 . . I, RHJliT.TQLlYE Sm'i\.MU': It shall be lawllll for lIusband and Wife at all times hereinafter to live separate arId apart from each other and to reside Ilom time to time at such place or places as he and she shall respet:tlvely deem fit, free from any control, restraint or interference, direct or indirect, by each other, The foregoing provisions shall not be t'lken to be any admission on the part of either Husband or Wife of the lawfulness or unlawfulness of the causellleadingto their living apart. 2. FRIJEOOMl'RQMJl'IIEBJ.mrnNCE Each party shall be free from interference, authority and contact by the other as if he or she were single and unmarried except as necessary to cany out provisions of this Agreement. Neither party shall harass the other or attempt to endeavor to harau the other, nor compel the other to cohabit with the other, or in any way malign the other, nor in any way interfere with the peaceful existence, separate and apart from the other. 3. QJS.I1~!ItLL1JQN OF_YEHl(~LflS a. Wife shall aSSllme all payments, including all loan, insurance and repalr bills connected with the vehicle currently in her possession. Husband agrees to take whatever steps are necessary to place title of said vehicle in Wilil's name, b. Husband shall assume all payments, including all loan, insurance and repair bills connected with the vehicle currently in his possession. Wife agrees to take whatever steps are necessary to place title of said vehicle in Husband's name. 4. ~.sSllMrnQNJ).fMARlIALDEBT The pal1ies have accllmulated financial obligations during the course of their maniage and currently each has been paying for various obligations, Each party agrees to continue to pay said obligations and shall maintain those obligations as their own. pj/ ~iW- Page 2 oft 3 5, DlSIIillllITlON.ANIlRELllASE.QEJM,RIT t\L DEBT With the exception of liens against motor vehicles and those set forth in paragraph 4, the parties agree: a. Wife assumes full responsibility for any indebtedness which she has contracted or incurred in her name, alone or jointly, after the date of the execution of this Agreement. Wife represents and warrants to Husband that, Slllce the filing of the divorce action, she has not contracted or incurred any debt or liability, for which Husband or his Estate might be responsible, and shall indemnity and save Husband harmless from any and all claims or demands made against his or his Estate by reason of debts or obligations incurred by Wife and/or assumed herein, b, Husband assumes filii responsibility for any indebtedness which he has contracted or incurred in his name, alone or jointly, after the date of the execution of this Agreement, Husband represents and warrants to Wife that, since the filing of the divorce action, he has not contracted or incurred any debt or liability, for which Wife or her Estate might be responsible, and shall indemnity and save Husband harmless from any and all claims or demands made against her or her Estate by reason of debts or obligations incurred by Husband and/or assumed herein, 6, CONTENTS OF THE MAI\!TAL RE.sIDEN'cII As of the date of the execution of this Agreement, the parties shall transfer and assign their rights, title, claim and interest in specific property, Wife shall have as her own, free and clear of any claims of Husband, all of the items, household goods, furniture, furnishings, appurtenances, and appliances presently in her possession. Husband shall have BS his own, free and clear of any claims of Wife, all of the items, household goods, fumiture, furnishings, appurtenances, and appUances presently in his possession, ,L2-/ ~~B~ Page 3 of 13 " . ' 7, MlSQiU,AN{\QUS J'RQPJjB.J)'~I;lRSQI'I/l\ldl!1dMARITA.1 It is further agreed that both Uusband and Wife sball retain as his or her own any and all personal effects, clothing, and personal jewelry, The parties further agree that any property not assigned In this Agreement as marital or nonmarital property will be deemed the property of the physical possessor ofll8id property, 8, RET!REMENli\CCOONIS The parties shall keep all IRA's, 40 I k's and other retirement accounts which are held in their names as personal property, /fee and clear of claims from the other party, 9, .lQlNT A~QJ.lJIIJS All joint bank and chl\J'ge accounts, credit card accounts and MY other joint accounts shall be terminated and each party shall take those steps necessary to have the other removed as a responsible party /fom such aC<'.ounls, The parties further specifically agree that all bank, savings, cash and checking accounts shall become Ihe sole property of party named on the account 10, TAX L!i\BILlTY The parties hereto believe and agree that the division of property heretofore made by this Agreement is a non-taxable division of property between co-owners rather than a taxable sale or exchange of property, Each party promises not to take any position with respect to the adjusted basis of the property assigned to him or her with respect to any other issue which is inconsistent with the position set forth in the preceding sentence on his or her Federal or State income tax return, 1 L Ml!TIJAL RELEASE Subject 10 the provisions of this Agreement, each party waives his or her right to alimony any further distribution of property inasmuch a.~ the parties hereto agree that this Agreement provides for an equitable distribution of their marital property in accordance with Pennsylvania's Divorce Code, Su~iect to the provisions of this Agreement, each party has released and discharged, 1.'//,' ~~~ #J.L~ Page 4 of 13 and by this Agreement does for himself or herself, and his or her heirs, legal representatives, executors, administrators and assigns, release and discharge the other of and from all caused of action, claims, rights or demands whatsoever in law or equity, which either of the parties ever had or now has agalnst the other, except any or all causes of action for divorce and except any or ell caused of action for any breach of any provision of this Agreement. Each party also waives his or her right to request marital COUllsellng pursuant to Pennsylvania's Divorce Code, 12, AUM(tNX Both PBlties mutually waive all spousal support or alimony from the other, Both parties acknowledge and agree that the provisions of this Agreement providing for the waiver of alimony are fair, adequate and satisfactory based on actual need, ability to pay, duration of the marriage and other r~levant lkctors taken Into consideration by the parties, Although the approval of this Agreement by a court of competent jurisdiction in connection with this action in divorce filed by Husband or Wife shall be deemed an order of the court any may be enforced as such, this Agreement, insofilr as it pertains only to spousal SUppolt and the payment of alimony following the entry of a fina1 Decree in Divorce between the parties, may not be modified, 9Uspended, terminated or reinstated at the instance of request of either party, or subject to Ruther order of any court upon changed circumstances, Upon that condition, both parties hereby accept the provisions in this Agreement in lias of and in full and final settlement and satisfaction of all claims and demands that either may now or hereafter have against the other for spousal support or alimony nnd both parties voluntarily and intelligently waive and relinquish any rights to seek a modification, suspension, termination, reinstatement. or other court order with respect to the teons of this Agreement pertaining to the payment of support or alimony, 13. ALIMONY PEl'mIllirnJJTE. COUNSEL FEES AND EXPIlliSES Both parties hereby acknowledge and accept that the provisions of this Agreement providing for the equitable distribution of marital property are fair, adequate and satisfactory to them, Both JEB 1ft :1 ALB' '., /""5~ Page S of 13 14. INC.QMJ\~XIlliIl1B.NS ~ I l [; ~: U ~". parties agree to accept the provisions of this Agreement in lieu of and In full and final settlement and satMltction of all claims and demands that either may now or hereafter have l8ainst the other for alimony pendente lite, counsel fees any expenses during and after the commencement of any divorce proceeding between the parties. Husband and Wife agree to flIe Individual tax returns for each year beginning In IInd thereafter unlil their divorce Is final. 15, WAIVJlltQfnAIMs._AGAINS.I.ESIAT_E.s. Except 8s herein otherwise provided, each party may dispose of his or her property in any way, and each party hereby waives and relinquishes any and all rights he or she may now have or hereafter lIC<lulre, under the present or future laws of any jurisdiction, to share In the property or the estate of the other tI8 a result of the martial relationship, including, without Iimltation, dower, curtesy, statutory allowance, widow's allowance, right to take intestacy, right to take against the will of the other, and right to act tI8 administrator or executor of the other's estate. Each will, at the request of the other, execute, acknowledge and deliver any and all Instruments which may be necessary or advillfthle to carry Into effect this mutual waiver IInd relinquishment of all such interests, rights and claims and both parties will revoke prior wills or testamentary documents. 16, AOREEMENr liDr PREPlCArnlLQtillJVORCE It Is specifically understood and agreed by and between the parties hereto and each of the said parties does hereby wllITant and represent to the other, that the execution and delivery of this Agreement is not predicated upon nor made subject to any agreement for Institution, prosecution, defense, or for the non-prosecution or non-defense of any action for divorce; provided, however, that nothing contained in this Agreement shall prevent or proolude either of the parties hereto from commencing, instituting or prosecuting any action or actions for divorce, either absolute or otherwise, ~B ~iS Page 6 of 13 , . upon just, legal and proper grounds; nor to prevent either party from defending any such action which has been, mayor shall be instituted by the other party, or from malting any just or proper defense thereto, 17, SlJ.llS.ill2llliNTUIY..Q-RCE There has been a divorce proceeding commenced by Wife against Husband on June 5, 1998, In Cumberland County to No, 3161 Civil Term 1998, The parties hereby mutually consent to a divorce and the entering of a divorce decree on the no-fault grounds that their nwriage Is irretrievably broken pursuant to ~3301(c) of the Pennsylvania Divorce Code, Parties herein shall execute Affidavits of Consent and a final decree in divorce will then be obtained, 18, ImMCH Atill.ENFORCEMENT If either party hereto breaches any of the provisions of this Agreement, the other party shall have the right to bring any actions or 8t-iions in law or equity for such breach, and the breaching party shall be responsible for the payment of all costs and reasonable legal fees incurred by the other party in enforcing his or her rights under this Agreement. It is expressly understood and agreed by and between the parties hereto that this Agreement may be specifically enforced by either party In Equity, and the parties hereto agree that if an action to enforce this Agreemerlt is brought in Equity by either party, the other party will make no objection on the alleged ground of lack uf jurisdiction of said Court on the ground that there is an adequate remedy at law, The parties do not intend or purport hereby to improperly confer jurisdiction on a Court in Equity by this Agreement, but they agree as provided herein for the funun of equity in mutual recognition of the present state of the law, and in recognition of the genera1 jurisdiction of Courts in Equity over agreements such 8sthis one, "1 I / mB~ ALB~ Page 7 of 13 19, g.E-ACKNOWUm<IMfJNT Each party l\cknowled!le~ that it may he appropriate and required that this Agreement be re- acknowledged at ~ome time in the lhture before the Clerk of the Commonwealth Court, Clerk of Orphans Court or some other Court, and each party agrees that they will re-acknowledge their signature before the Clerk of such Court upon re<luest of the other party so that this Agreement may comply with the acknowledgment rules and provisions of any such Court, 20, ADDITIQJ':lALINSIR.!.lMI:\NIS Each of the parties hereto agrees that he or she will join in the execution, acknowledgment and delivery of any deed or other document which may be reasonably necessary to carry out the intent of this Agreement, and, in the event either of the parties hereto would not join in the execution, acknowledgment and delivery of ~uch instrument, then such party does hereby iJrevocably appoint the other party hereto as his or her Allomey-in-Fact to execute, acknowledge and deliver such instrument hereby ratifYing all that such other plU1y hereto may do by virtue hereof with a copy of this Agreement to be a sufficient Power of Auomey to carry out the intent and purpose of this paragraph, Nothing contained in this section shall affect the right of one party to expressly include or exclude, as the case may be, the other party as beneficiary in any will, Insurance polley or other document whether the same is presently in effect or would become effective in the future, 21. YQlJ.!NTARY EXECUTION The provisions of this Agreement and their legal effect have been fully explained to the parties by their respective legal representatives, and each party acknowledges that the Agreement is fair and equitable, that it is being entered into voluntarily, with full knowledge of the assets of both parties, and that it is no the re~lt of any duress or undue influence, The parties acknowledge that they have been furnished with a1linfonnatlon relating to the financial affi!irs of the other which has been requested by each of them or their respective counsel. ~fB j1jj Page 8 of 13 , ' 22. 1lliI!B.llAQR..~CMHNI This Agreement contains Ihe entire understanding of the parties and there are not repre!lel1tations, warranties, covenants or undertakings other thallthose expressly set forth herein, 23. D\S(;WSUBJl Each of the parties hereto acknowledges that there has been full dlsclo:lUre of all relevant matters of each party to the other party, that each of the parties is lblly cognizant of his and her legal rights and Ilabiliti~s with respect to the terms and conditions of this Agreement. that he and she understand the legal effect of this provisions of this Agreement and acknowledge that this Agreement Is fair and equitable to each of the parties hereto, and that this Agreement was entered Into voluntarily and without any undue influence or duress upon either plll1y hereto, 24, MJID.IElCAIlOl'LAtiD WAlYlill. This Agreement shall constitute a full, complete, and total binding Agreement between the parties concerning support, maintenance, alimony and property settlement, and is precluded from modlflcation EXCEPT if the parties specifically agree to modify this Agleement, Any and all modifications to this Agreement shall only be by written agreement containing the same formalities as this Agreement and shall exhibit the notarized signatures of both parties, along with two witnesses, The parties specifically agree that they may rescind this Agreement only by written agreement containing the same fonnallties as this Agreement which shall exhibit the notarized signatures of both parties, along with two witnesses, Any waiver of a breach of any provision of this Agreement shall not constitute an 01l801ns waiver, JEB (]lli:' ALB 7/illfJ- Page 9 of t3 . . . , JUDY E. HOLY ARD, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERI.AND COUNTY, PENNSYLVANIA v : NO, (-8-3161 CIVIL : CIVIL ACT/ON - LA W ALAN L. BOLYARD, Defendant PRAECIPE TO TRANSMIT RECORD TO THE PROTHONOTARY: Transmit the record, together with the ti1llowing infhnnation, to the COUl1 for entry of a divorce decree: I, Gl'Ound for Divorce: Irretrievablc brcakdown under Section (x)3301 (c) ()33()J (d)( I) of the Divorcc Code. (Chcck applicablc scction,) 2, Datc and Illanner of service of thc Complaint: Junc 9, 1998, First Class Ccrtifkxl Mail, Return Rcceipt Rcqucstcd. Rcstrictcd Delivcry. 3, (Complctc cithcr paragraph (a) or (b), (a) Datc of exccution ofthc allidavit of conscnt rcquircd by Scction 3301 (c) of thc Divorce Code: By Plaintiff: August 23, 1999 ; Defendant: July 30, 1999 (b) (I) Date of execution of thc f'laintift's affidavit required by Scction 330 I (d) of the Divorce Code:"._..; (2) Date of service of the PllIintifl's atl1dllvit upon the Defendant: . 4, Related claims pending: NOJl(~, f' j I, " \ JUDY E. BOLYARD, I IN THE COURT OF COMMON PLEAS OF Plaintiff I CUMBERLAND COUNTY, PENNSYLVANIA I v I CIVIL DIVISION - LAW I C" I { ....70u.\ ALAN L. BOLYARD, I NO. 98- .f//,./ Defendant I I IN DIVORCE HQ.',UCE TO DEP'END .A!fP.~~IM RIGHT/! You have been sued in Court. If you wish to defend against the claims Bet forth in the following pages, you must take prompt action. You are warned that if you fail to do so, the case may proceed without you and a decree of divorce or annulment may be entered against you by the Court. A judgment may alBo be entered against you for any other claim or relief requested ill these papers by the Plaintiff. You may lose money or property or other rights important to you, including cUBtody or visitation of your childI'en. When the grounds for divorce is i.ndignities or irretrievable breakdown of the marriage, you may request marriage counseling. A list of marri.age counselors is available in the Prothonotary's Office at the Cumberland County Courthouse, Carlisle, Pennsylvania. IF YOU DO NOT FILE A CLAIM rOR ALIMONY, DIVISION OF PROPERTY, LAWYER'S FEES OR EXPENSES, BEFORE A DIVORCE OR ANNULMENT IS ORANTED, YOU MAY LOSE THE RIGHT TO CLAIN ANY OF THEM. YOU SHOULD TAXE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN OET LEOAL HELP. CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE, PA 17013 717~249-3166 JUDY E. BOLYARD, I IN THE COUR'l' OF COMMON PLEAS OF plaintiff I CUMBERLAND COUNTY, PENNSYLVANIA I v I CIVIL DIVISION - lAW I C'l /rILJ' , ALAN L. BOLYARD, I NO. 98- .j/(., I : 1 (.,'l , Defendant I IN DIVORCE COMPLAINT Plaintiff, Judy E. Bolyard, by her attorneys, Broujos & Gilroy, P.c., sets forth the followingl 1 plaintiff, Judy E. Bolyard, is an adult individual residing at 70 Peachy Ann Drive, Newville, Cumberland Couaty, Pennsylvania 17241. 2 Defendant, Alan L. Bolyard, is an adult individual residing at 6020 Herrin I.ane, Enola, cumberland County, Pennsylvania 17025. 3 Plaintiff and Defendant were married on May B, 1993, in Sagatuck, Michigan. 4 Both parties have resided oontinuously in the Commonwealth of Pennsylvania and in cumberland County for at least six months prior to the commencement of this action. 5 There have been no prior actions for divorce or annulment of this marriage. ,.:;;:, 4- ~ ~ .,.. C') ?,: ~ ~ 0-.. ('C: \) I ~ 0.. .c( :. ~ ..r I'~ c;.. i) ~ ..s @"'" r ) :-'_j t' ) ~ \ ) ,';, to () ~ ~ ("( , "",r. '....<1 -,.- 'to ~(', , ~ -;.." ~ "t tJ') ,~ ~ ~ '1)[ I -j/. ~ t'- -,.. ti \ ~ ( :;,,,: : i J ;_'~l ...... r.i :':,j i'I('..... ~ r' ~.. -'. , (L ('I, :.:;; U Cl'\ () " ~ C:;) i"'~ cr, ...... ~S ...;. .. .-.... ~l; 1.1':.' ~-:~ ~ eM) f;:~l (T', 0 :-~;: U::'I l.t.. -) 'J ()'. r ':' r.... i\') .~) :,i N ! :_ ~.l .; U i rh 'CL ~. teL , !' ~ :'j Ii. m 0 0' C> . , 'W" ".\ ". CJ r..: i:r; ~t.t t(i I..' .. .q' ("J C',j ll~ :_~ .~ ) ,-".f (1.(-' --',,~ , f'.... t4.; -.h; I;' ! fC ~~, , 3-;,. /-"c, N .! , Lt.. I-'}I] (r': 1'lrn k~L , ~_:) i,i2c~ , 00.( ~ en :!'') Cl~ () I ~.. " . . .. . \ Y#i~", n, ,'_"'~:"~' BROIl.lOS loCII_ROY I' c. I\ITOI<.NEY.' AT LAW \.....:.;-;..~ '-ot.:.;.:) ~r ",,:::.:-1 , ~"'l J '.4c "".~ -:..r'r '..1"0-. ,~ ':r<' ~~\' "(", '"" . " CJ ~o;-" ,~ I~' );; 'f',~ ",... I) .. f /, .J ". _ . , , "c~"'i1,,1. ....~" P 1\;//"11 Mill I! . - . " - - 'SlI,_~On US,YOSl~^rj[-: ,li NOH-TII IIAN()VER YlTltlHrl' CARLlSLI', PENNsYl.VANIA I~OI:i Hubert X, Gilroy, Esq, Broujos & Cl!roy, P,C. 4 North Hanover Street Carlisle, PA 17013 ,I ,4 . -', -= ~ __ ~_i' -~-'-~ \'- '~r v: 'j~ '," _ :l ' I;;\~);! .f" I' ; " \'. i! t!_i Ii , ",". ~ 1<, 1", 'f_ .; ..-~ il ~~"'i" ''tft;r'" ",' II 44 J. '"', '. ., ~. ,\ ;, '>,. BROUJOS & GILROY, p,C, ATJ'C1RNEYS AT LAW 4 NORT,.. HANOVER STRHl!l' CARLlSLt:, I'liNNSYI.vANIA 17013 ""_n <".;';~'--~-"J )~'-_-_--;:~1'i(.'1-J.-,,~_--.,1 . f'i/("-- ___~~_L..."", 1~"+!'J----'---"'-"'-"- ~ (~\" . ~\);)'~,:<WI~':"J-ll'"-' : , j~;~~~ = ~,: ' "'-~ p -' / '-+- _,1;\1__-; l~ii~~1~11 li~i--rlq~;_~f^(l-f: . Peter J, Russo, Esquire 61 West Louther Street Carlisle, PA 17013 ; ____c,c<~ "~i:i;H;:<i~~~:rJ~_t#Jt~(1~*!~l~l~i~~~-J#~~"~~~~~~,!!c,i!;j'~"i;;'":g!tc""i,~;l'""-\"'''ifj!tff""t_,...",,,,k~~ '''I :~4' '~') , '~~~ ;' ~ ,:l.t:,~ ...t'"il I ..,tk< .,:), '.)1, t; . i\'1I."".' . - \:- - ilii' "k ~- I~; ':.t"~,\T- d.; i~'Y l' ~"~' J" ,. .w:, .... +1, "-,,-~ -' '1(, '" " ~,~ k' t".l ,,, ':' ,f,- - ,; \..,';' _ \\ Ii., , \~'\ q,,~,' ': Jl;J ?, ' \'.- .. ,lJ -\; ..~- , l), , t t, -; ~'/ " 'i . i' z,< ,to- '~:"'"' ,I' , "" ,~~ i' I ! I 'Co , ti ; ~\ ',/< .'