Loading...
HomeMy WebLinkAbout98-03268 ~:<<~.5'!:.:..:.~,~~:.,::<<:,-,:!;'_"':.:' ,':~', .:.ao:.,.'=!;.,:~:,':.::,::!:', -:.;, ",':.:'.~+:' ..:+;. :It:'. -:.:":+:' :', .,;<<,x+}:.:+?" ':"l: ',::+:' ":+::':~:":~::~:1 ~ 8 . IN THE COURT OF COMMON PLEAS ~ ~ ~ $ OF CUMBERLAND COUNTY ~ ~ ~ :'1 STATE OF '* PENNA. : ~ $ ~ ~ $ MARK A ,HOUlAN, ~ N {l"9,a,7,.32,6,a,,, "C.:J.v,:l.l, 19 98 ...': ~ Plaintiff ~ w V('t'~llS ~ 8 $ .- !' ~ 8 8 8 , ~ 8 ~ . ,', ~ J-ISA!l. HOLMAN, ,', ~ ~ ',' Defendant ;;; " " " DECREE IN DIVORCE AND NOW, . .1.~'7 . ., 19 '1"'1, it I. o,d.,.d ood decreed that ,...."..,..,.... Mf\RK, A.... HOL,MAN. , , .. , , .. , . . .. " plaintiff I and.. , .. , , .. , , . , , , , , ..qS~,B., H()~MA~ , , , , .. , , , , , .. , .., defendant, are divorced from the bonds of matrimony. The tenns of the Marriage Settle:nent Agreenent entered into by the parties on April 20, 1999, are incorpQ):'ated herein, ,. d" f h f II . I h h h Ihe court retains IUrlS Ictlon 0 t e 0 owing calms w Ic ave been raised of record in this action for which a final order has not yet been entered; ,', ~ ,; ~ ~ If ~ ~ ... ~ ~ 8 Prolhonotl\r,v s .' ~ $ s t ~, 8 8 a ~ 8 ~ ~ ~ a .....; ~ * 8 8 ~ s .' ~ ~ " 8 J. ~ ., iii ',' ~ ,', ~ I 1M .~.:' <.:. .:+;. {.~. -:.:. .:.;. .~.:. .:+:. .:+:. .:c. S. ADVICE OF COUNSEL The provisions of this Agreement and their legal effect have been fully explained to Husband by his attorney, Kathleen Carey Daley, Esquire, The provisions of this Agreement and their legal effect have been fully explained to Wife by her attorney, Samuel L. Andes, Esquire, The parties acknowledge that they fully understand the facts llnd have been fully informed as to their legal rights and obligations, and they acknowledge and accept that this Agreement is, in the circumstance, fair and equitable and that it is being entered into freely and voluntarily, at\er having received such advice and with such knowledge 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. 6. TAX PROVISIONS The parties lJI,lieve and agree, and have been so advised by their respective attomeys, 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 such property, Each party promises not to take any position with respect to the adjusted basis of the property assigned to him or her or 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 returns. The parties have heretofore filed joint federal and state tax returns, Both parties agree that in the event any deficiency in federal, state or local income tax Is proposed, or any assessment of any such tax is made against either of them, each will Indemnify and hold hannless the other from and against any loss or liability for any such tax deficiency or assessment and any interest, penalty and expense incurred in connection therewith, Such tax, interest, penalty or expense shall be paid solely and entirely by the individual who is finally detennlned to be the cause of the misrepresentations or failures to disclose the nature and extent of his or her separate income on the aforesaid joint returns, 7. PERSONAL RIGHTS Wife and Husband may and shall, at all times hereat\er, live separate and apart, They shall be free from any contact, restraint, interference or authority, direct or indirect, by the other in all respects as fully as if they were unmanied, Each may, for his or her separate use or benefit, conduct, carl)' on and engage in any business, occupation, profession or employment which to him or her may seem advisable, Wife and Husband shall not molest, harass, disturb, or malign each other or the respective families of each otber nor compel or attempt to compel tbe other to cohabit or dwell by any means whatsoever with bim or her, 5 8. M,lJTUAL REI,EASES Except as otherwise expressly provided by this Agreement: A, Each party hereby absolutely and unconditionally releases and forever discharges the other and the estate of the other fill' all purposes from any and all rights and obligations which either may have or at any time hereafter have for past, present or future support or maintenance, alimony pendente litl:, alimony, equitable distribution, counsel fees, costs, expenses and any other right or obligation, economic or otherwise, whether arising out of the marital relationship or otherwise, Including all rights and benefits under the Pennsylvania Divorce Code of 1980, its supplements and amendments, as well as under any other law of any other jurisdiction, except and only except all rights, agreements and obligations of whatsoever nature arising or which may arise under this Agreement or for the breach of MY provision thereof. Neither party shall have any obligation to the other not expressly set forth herein, B. Each party hereby absolutely and unconditionally releases and forever discharges the other and his or her heirs, executors, administrations, assigns, property and estate from any and all rights, claims, demands or obligations arising out of or by virtue of the marital relationship of the parties or otherwise, whether now existing or hereafter arising, The above release shall be effective regardless of whether such claims arise out of any former or future acts, contracts, engagements or liabilities or the other or by way of dower, curtesy, widow's 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 by the other as testamentary, or all other rights of a surviving spouse to participate in a deceased spouse's estate, whether arising under the laws of Pennsylvania. any state, commonwealth or territory or the United Slates, or any other country, It is expressly understood, however, that neither the provisions of this r~lease nor the subsequent entry of a divorce decree are intended to defeat the right of either party to receive any insurance proceeds at the death of the other of which she or he is the named beneficiary (whether the beneficiary designation was made prior or subsequent to execution hereof), nor to defeat the right of either party to receive any legacy, bequest or residuary portion of the other's estate under his or her will, or to act as personal representative or executor if so named by the ,viII of the other, whether such will was executed prior or subsequent to this Agreement. C, Except for any cause of action for divorce which either party may have or claim to have, and except for the obligations of the parties contained in this Agreement and such rights as are expressly reserved herein, each party gives to the other by the execution of this Agreement an absolute and unconditional release and discharge from all causes of action, claims, rights or demands whatsoever, in law or in equity, which either party ever had or now has against the other, 6 benents payable through a retirement plan or similar investment account, which shall pay. upon hUlband's death, a benefit of no Ie.. than $100,000.00 as long as "ulband I~ obligated to make any paymentl to Wife or for the benefit of the parties' children in accordance with this agreement. "'or 80 long II "usband hal obligations under this agreement, "ulband Ihall maintain Wife al the sole and ucluslve benenciary of such benents during her Iifetimr. and, upon Wife'l death, shall designate the parties' two children, in equal Ihares, to be the lole and eululive benenclaries of such benents. Hnsband ~hallnot borrow against, a..lgn. or pledge, luch policy of insurance, retirement account, or other nnanclal investmr.nt or otherwise take any adlon which will diminish or reduce the benefits to be paid upon his death and will pay all premiums, charges, and a..essments necessary to keep such benents in full force and effect until his death. Further, Husband shall provide to Wife, at least annually, proof that luch benefits are in place in accordance with the terms oHhis paragraph. 7. CURRENT LIABILITIES Wife agrees to be solely responsible for satistYing all payments on the parties' joint Citibank credit card debt. By accepting sole responsibility of this debt, Wife shall keep Husband and his property, successors, assigns, heirs, executors and administrators indemnified and held harmless from any liability, costs or expenses, including attomey's fees, which may be incuned in connection with the above listed liability, Husband agrees to be solely responsible for slItistYing all payments on the parties' joint Congres.~ona1 Visa credit card debt. By accepting sole responsibility of this debt, Husband shall keep Wife and her property, successors, assigns, heirs, executors and administrators indemnified and held harmless from any liability, costs or expenses, including attomey's fees, which may be incurred in connection with the above listed liability Wife and Husband represent that they have taken all steps necessalY to make sure that the above joint accounts will be terminated and that these accounts, if necessary, will be reissued as individual accounts, From the t'ate of execution of this Agreement, each party shall use only those credit cards and accounts for which that party is individually liable, 8. WAIVER OF PAYMENT OF LEGAL FEts Each party hereby agrees to be responsible for any legal fees incurred on their behalf. 15 v, : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION. LAW : NO, q r 3) (, f (',,',j --rt,-- MARK A, HOLMAN, Plaintiff LISA 8, HOLMAN, Defendant IN DIVORCE ~PLAJNT IN O~VORCE COUNT I DIVORCE AND NOW comes the above Plaintift: Mark A, Holman, by his attorney, Kathleen Carey Daley, Attorney at Law, and seeks to obtain a decree in divorce from the above-named Defendant, upon the grounds hereinafter set forth: 1. The Plaintiff, Mark A. Holman, is an adult individual who resides at 2387 North Front Street _ #402, Harrisburg, Dauphin County, Pennsylvania 17110, 2, The Defendant, Lisa B. Hotman, is an adult individual who resides at 23 Skyline Drive, Mechanicsburg, Cumberland County, Pennsylvania 17055, 3 , The Plaintiff and Defendant are sui juris, and both have been bona fide residents of the Commonwealth of Pennsylvania for a period of more than six months immediately preceding the filing of this Complaint. 4, The Plaintiff and Defendant were married on September 22, 1979, in New Cumberland, Pennsylvania,