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HomeMy WebLinkAbout98-03169 s " ~ " !' ~'~'~~'~_~~~'~~__~a~.___)'_:~:~:-~.~~,_*'~:~~ ~c_~~"~,..._' _", .---, ,,,'" ",~,~ '~" _'.."" ,,',' "",,',',_.'''',,''',,'''' ""." ',"-"-,.-..-""'_',____._"~~___N_ * ' . ~ ~ 8 " .., IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY STATE OF '* PENNA. " .., 8 " ., ~ ,,~ ~ M " ~ " ~ l'i ~ " ., ,,', ~ ~ ~ " ., ~. " P.<i $ ~ 8 ~ ~ 1\ * " " ~ ~.~ ,.~ ~ '" * ,', * .., * ~ ~ ',' ~ ',' ~ ',' W Dy ; 1\ ~'" J, I~ , I~ . ~ . ~ ~:."1K:- .>>::::;;, '.' :;.:. :>>:~'~:;:."::+:" .~::::+:,' ,:+;~:.::',:+:, ':+:. ':+:' -:+;. .:+;. ':+:":+:. ':+:' ':+:' <+:' ':+:' ::.:. ':+:' ':+:. ':+:' ,:~;;' " " ~ ~ " " " ., " ., " " .ERIN P. FRITZ,,, II " N (),~~~}H~",C~,y,i}.""." 1l)98 ., II " ., w. '.' Plaintiff f.'~ ~, V(>I'.-HIS ,', ~ :i i Ii ., II "WIl,LIAM ,AL,AN FRITZ, ,', ~ Defendant w. ',' ;;; " w .,. DECREE IN D I V 0 R C E t" i; ~2..ff1 ,.,',.,""'~~" 19~,~" it Is ordered and w ~, ~~ ~ ,; .. ., AND NOW" '" , decreed that.E,r.~D, P.., ,!:'r.i,t,;:"",."""",..""""""""" plaintiff, and ,.wi U .i,iI,l1) ,(I,l,iVI . f:C,:i.t?, . .. , , , , . , , , , , , , , , , , , , , , , , , , , .. , ", defendant, are divorced from the bonds of matrimony, ~ ~ ~ 8 $ 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; ~ " " " ., . .T~e,at~~,C!~e~, ,Pr,?p~.rty S.ettl,e,ll)e~t,A';l~ee,m';'~t, ,if!, ,i,~c:,?~p,~r:",~,e,~,., . .1;l\l~.1)9t: . ~:rg~,d, t9, .~l)\l, .QE)(m~.e. ,t\l, .Q~VQ;C.c,~""""""""""""" ~ ~ ... authority, and contact by the other, as fully as if he or she were single and unmarried Bxcept as may be necessary to carry out the provisions of this Agreement. Nei ther party shall molest the other or attempt to endeavor to molest the other, nor compel the ot.her to cohabit with the other, or: in any way harass or malign the other, nor: in any way interfere with tha peaceful existence, separate and apart from the ot[,er, and each of the parties hereto completely understand and agree that neHher shall do or say anything to the children of the parties at any time which might in any way influence the children adversely against the other party. 3. WIFE'S DEBTS: Wife represents and warrants to Husband that she will not contract or incur any debt or liability for which Husband or his estate might be responsible and shall indemnify and save harmless Husband from any and all claims or demands made against him by reason of debts or obligations incurred by her. 4. HUSBAND'S DEBTS: Husband represents and warrants to Wife that he will not contract or incur any debt or liability for which Wife or her estate might be responsible and shall indemnify and save harmless Wife from any and all claims or demands made against her by reason of debts or obligations incurred by him. 5. MUTUAL RELEASE: Subject to the provisions of this Agreement, each party has released and discharged, and by this Agreement does for himself or herself and his or her heirs, legal representatives, executors, administrators and assigns, release Page 2 of 11 and dIsc:harge the other df Ilnd traIn 1111 olluses of action, claim8, rlghte, or demande, whatsoever In law or equIty, which elther of the pMrtles aver had or now has against the other, except any or: fJ] 1 c/lUses of action for termination of the marriage by divorce or: annulment and except for all causes of actIon for breach of any provisions of this Agreement. Husband !Jnd Wife specl flcally release Lnd waiver any all rights her or she might have to l'Elise claims under: the Divorce Code of 1980 and the 1988 Amendments thereto including, but not limited to claims for equitElble diatribution of marital property, spousal support, aiimony, alimony pendente lite, counsel fees or expenses. Should a divorce aotion be commenced by either of the partles, the movinq party shall request the Court to incorporate, but not meqle, this Agreement into any divorce decree. If this Agreement is incorporated Into a divorce decree, the parties shEll] have the rIght to enforce this Agreement under the Divorce Code of 1980 and the 1988 Amendments thereto in addition to any remedIes In lElw or equIty and these enforcement rights are not waIved or released by any of the provIsions of this Agreement. The fact that a party brings an action to enforce the property agreement as Incorporated In the divorce decree, unde r the Divorce Code of ] 980 and the 1988 Amendments thereto, does not gIve either party the rIght to raIse other claIms under the DIvorce Code, specifIcally waIved and released by this paragraph any and all rights and oblIgatIons of the parties arising out of the marriage shall be determined by this Agreement. Page 3 of 11 6. DIVISION OF REAL PROPERTY: ~ 'Phe parti(~s are the owners as tenants by the entireties of a certain tract of improved real estate known and numbered as 1021 Hemlock Lane, Enola, Cumberland County, Pennsylvania (hereafter referred to as "the Real I.:state"). The Real ~:state has an estImated value of $136,000.00 and it> encumbered with a first mortgage having an approxima te balance of $117,900.00 (hereafter referred to as "the ~10rtgage") . With respect to the Real Estate and the Mortgage, the parties agree as follows: a. Husband shall make, execute and deliver all documents in the usual form conveying, transferring and granti.ng to Wife all of his right, title and Interest in and to the Real Estate. The deed of conveyance for said transfer shall be executed by Husband and delivered to Wife upon Wife's refInancing or payment of the Mortgage as hereafter provided. b. Within twenty (20) days of the date of this Agreement Wife shall apply for refinancing of the Mortgage. Proof of said application shall be provided to Husband by Wife within 5 days after the application. Wife shall complete settlement on the refinancing within 60 days after the date of this Agreement. At settlement on said refinancing, Wife shall payoff the entire balance owed on the Mortgage. Concurrently therewith, Husband shall execute and deliver the aforesaid deed of conveyance to Wife as required by subparagraph a. above. c. In the event Wife has not applied for the refinancing and Page 4 of 11 provided Husband wHh proof thereof or if she has not aequred and settled on the refinancing within 60 days of the date of this Agreement as required by subparagraph b. above, or in the event Wife becomes more than thirty (30) days late in any payment due by her on the pc,\yment of the Mortgage before the same are refinanced and paid in fuD as provided in subparagraph d. below, then the Real Estate shall be Hsted for sale with a qualified real estate broker and sold at the best price obtainable. Upon the sale the Mortgaqe shall be paid off from the proceeds derived and all of the net proceeds thereupon remaining shall be Wife's soie and separate property. Wife shall be liable for the reporting of the entire sale proceeds on her applicable tax returns and shall be solely responsible for any and all taxes arising out of said reporting and shall indemnHy, protect and save Husband harmless therefrom, it being understood and agreed that Husband shall have no liability for any such taxes. d. From and after July l, 1998 or the date of this Agreement, which ever shall first occur, Wife shall be solely responsible for the payment of any and all bills and expenses pertaining to the Real Estate including, but not limited to, the payment of the required installments under the Mortgage and shall indemnify, protect and hold Husband ha rmless f rom any and all liabil i ty thereunder. If Wife should fail to timely pay (within 30 days of the due date) the Mortgage, the Real Estate shall be sold in accordance Page S of 11 with the terms of subparagraph c. above. 7. FINANCIAL _.ASSETS AND PENSIONS: WHe agref,s to transfer to Husband clny and all rights, title and interest whatever it may be to the following financial assets: a. $3,646 from the parties joint savings account; b. The parties 30 month certificate of deposit with a value of $1,049; c. The parties 18 month certificate of deposit with a value of $1,047; d. Husband's Keystone Health plan 401K with a value of $4,7421 and e. Husband's Keystone Health Plan Pension with a value of $7,244. Husband agrees to transfer to Wife any and all right, title and interest whatever it. may be to the following financial assets: a. $3,646 from the parties joint savings account; b. $1,500 representing her bonus wJ.th AI1P; and c. Her Knowledge Soft Profit sharing Plan with a value of $2,462; 8. AUTOMOBILES: Husband agrees to transfer all hi right, title and interest whatever it may be to a 1995 Maz,da Millenia to the Wife. Wife agrees to transfer all of right, title and interest to the 1995 Limited Explorer. Each party wIll indemn:ify and hold the other party harmless for any and all responsibIlities for the outstanding lien on the vehicle they are receiving. 9. MARITAL DEBTS: The parties acknowledge that they have previously Page 6 of 11 dIvided the obligation and payments Hlquired thereof of any debts and obligations arising during the marriage and in accordance therewith any obligation being paid by a party shall continue to be so paid and said party shall Indemnify, protect and same the other party harmless therefrom. 1\ liabil:lty not disclosed in this Agreement will be the sole responsibIlity of the party who has incurred or may hereafter incur it, and each agrees to pay it as the same shall become due, and to indemnHy and hold the other party and his or her property harmless form any and all such debts, obligations and liabilities. From the date of execution of this Agreement, each party shall use only those credit cares and accounts for which that party is individually liable and the parties agree to cooperate in closing any remaining accounts which provide for joint liability. 10. LUMP SUM PAYMENT TO HIJSBAND: Wife Agrees to make a lump sum payment to Husband in the amount of $3, '139.18. Said payment shaLl be made in 2 installments of $1,869.59 each, the first installment shall be made at or before tne signing of thls Agreement and the second installment on or before the expiration of one (1) year from the date of this Agreement. 11. WAIVERS OF CLAIMS AGAINST ESTATZS: Except as herein otherwise provided, each party may dispose of his or her property in any way, and each party hereby walves and relinquishes any and all rIghts he or she may now have or hereafter acquire, under the present or future laws of any jurlsdiction, to share in the property or the estate of the other as a result of the marital Page "7 of )) relationship, incl uding wIth Urn:! ta Uon, dower, courtesy, statutory allowance, widow's allowance, right to take in intestacy, right take C1qaInst the WiLl of tho other, and right to act as administrator or executor Qf the other's estate, and each Will, at the request of the other, execute, acknowledge, and deliver any and all :instruments which may be necessary or advisable to carry into effect this mutual waiver and relinquishment of all such inten,sts, rJghts and claims. This paragraph shall not affect either party's's rights or power to expressly include the other party as beneficiary in any Will or other document, whether writt.en in past or in the future. 12. SUlSIlQUENT DIVORCE: Both parties agree to execute Affidavits of Consent t.o Divorce pursuilnt to SectIon 3301 (c) of the Divorce Code as well as Waiver of Notice of Intention to Request Entry of a Divorce Decree with 180 days of the signing of this Agreement and shaii provide said documents to counsel for .PlainU ff. Wife agrees that she shaH direct her counsel to file with the Court a Decree in Divorce from t.he bonds of matrimony under Section 3.301 (c) of the Divorce Code 90 days after the filing dnd service of the Divorce Complaint. 13. BREACH: If either party breaches any provision of this Agreement, the other party shall have t.he right, at his or her election, to sue for damages for such breach or seek such other remedies or relief as my be available to him or her, and the party breaching this contract shall be responsIble for payment of legal fees and costs incurred by the other in enforcing their Page B of 1'1 rights under this Aqreelllent. 14. ADDITIONAL IN8TRUHENTS~ 1~;i1ch of the pilrUes shall from time to time, Clt the request of the other, execute, acknowledge, and deliver to t.he other party any and all further instruments that may be reasonably required to give full force and effect to the provisions of this Agreement. 15. ENTIRE AGREEMENT: This Agreement contains the entire understandinq of the part.ies, and t.here are no representat.ions, warranties, covenants, or undert.i1kings ot.her t.han t.hose expressly set forth herein. 16. MUTUAL ACCEPTANCE: The parties accept. the provisions of t.his Agreement in li eu of an in full and final settlement. and sat.isfact.ion of all claims and demands that. t.hey may now or hereafter have against. each ot.her for their support. and maint.enance, and also alimony, alimony pendent.e lit.e, counsel fees or ro any ot.her provision for t.heir support. and maint.enance, and also alimony, alimony pendent.e lit.e, counsel fees, cost.s and expenses and any ot.her chaL'ge of any nat.ure what.soever pert.aining t.o any divorce proceeding which may have been or may be instit.ut.ed by t.he parties in any court. in t.he Commonwealth of Pennsylvania or any ot.her jurisdiction and/or any divorce proceeding which may be inst.it.ut.ed by eit.her part.y in any court. in the Commonwealth of Pennsylvania or any ot.her jurisdiction or any ot.her counsel fees, cost.s or expenses incurred or t.o be charged by any counsel arising in any manner whatsoever for breach of this Agreement.. Page 9 of 11 . [i'IUTZ V. [i'IU TZ MARITAL E:ST}\TE: ANAI.,YS I S Juno 26, 199B - }\SSI~T I [lli:BT VALUE: DISTRIBUTION DISTRIBUTION TO WI FE 1'0 HUSBAND -- ---. MARITAL 136000.00 136000.00 RES.lDE:NCE: MARITAL -117900.00 -117900.00 RE:S I DENCE: MORTGAGE 1995 FORD NO li:QUITY NO EQUITY EXPLORER 1995 MAZDA NO E:QUITY NO EQUITY 1--. SAVINGS 7292.00 3646.00 3646.00 - CHF;CKING 500.00 500.00 30 MONTI'I CD 1049.75 1049.75 18 MONTH CD 1047.87 1047.07 KHP PENSION '7244.00 7244.00 PLAN KHP 401K 11742.26 4742.26 W'S PROFIT 2462.24 2462.24 SHARING PLAN DIAMOND RINGS 4000.00 2000.00 2000.00 SIGN UP BONUS 1500.00 1500.00 - BABYSITTER -560.00 -280.00 -280.00 VISA -25.00 -12.50 -12.50 -- TOTALS 47353.12 27415.74 19937.38 50~, QE' TOTAL 23676.56 -23676.56 -23676.56 ADJUSTMENT TO 3739.18 -3739.18 MAKE EQUAL DIVI S ION - f: (';) .' ~-? t.;: ,.... .:3 :j U.l ~--~, , (ll(~'; ~tr: , ': ~,. .', (1.. 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