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HomeMy WebLinkAbout98-03336 ~~, /.... "~- ~ o ~ . I~ ~, ~ \ ~ () ~ ..'~ ~ ~ ~ ~ ~ ~I ~ ',~ ) l -} Jt .11' ,j' :N'il' .11/7 IiIP .f;;fi} , I - . , .':) ! /S"'~7' ()d cq.cy ,#/;1'(/$ a7f-ftJ:(,. ~ 'If fIl /;/:'#c/ .#ft<....tt-z .:J.~Ad~ ... ;. .. ...-- .... =.-.:.:.~;;=;.~: , t , '. v. : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 98-3336 CIVIL TERM : CIVIL ACTION. LAW : IN DIVORCE MATIHEW J, REDMOND, Plainti IT BRENDA L. REDMOND, Defendant SEPARATION AGREEMENT AND PROPERTY SETTLEMENT TIlis Agreement, made and entered into this I' /-r;i --- '1 I day or r-6fU:..UftR'( 1999, between Brenda L. Redmond, of Dauphin COlmty, Pennsylvania, hereinafter referred to as "Wife", and Matthew 1. Redmond, of Cumberland County, Pennsylvilllia, hereinafter referred to as "Husband", WHEREAS, the parties hereto are now Wife and Husband, having been lawfully married to each other on September 23, 1989 in New Cumberland, Cumberland County, Pennsylvania; WHEREAS, the parties hereto are now living separate and apart and desire to enter into an Agreement respecting their property rights, regardless of the actual separation or other character thereof and their other rights, including the Wife's right to support and maintenance; WHEREAS, both and each of the parties hereto have been advised of their legal rights and the implications of this Agreement and the legal consequences that may and will ensue from the execution hereof, and each has had the opportunity to consult with his or her own competent legal counsel independent of each other; WHEREAS, each party warrants, as part of the consideration of this Agreement, that each has fully and completely disclosed all information of a financial nature requested by the other, and that no information of such nature has been subject to distortion or in any manner being misrepresented; and WHEREAS, other than as set forth herein, Wife desires finally and forever to relinquish all of her rights to be supported by the Husband and all of her right of dower, rights as heir or surviving t t spouse or otherwise, actual, currently existing, or inchoate, in and to the real and personal property of the Husband, now owned by him or which in the future may be owned by him, and all rights to alimony, alimony pendente lite, counsel fees, or expenses and other than as set forth herein, Husband likewise wishes to relinquish all his rights of curtesy, rights as heir or surviving spouse or otherwise, actual and currently existing or inchoate in and to the real and personal estate of the Wife, currently owned by her or which she may own in tJIC future; NOW, THEREFORE, the parties hereto intending to be legally bOlll1d hereby do hereby mutually agree as follows: 1. Separation, Husband and Wife do hereby mutually agree and consent to live separate and apart and do further agree that it shall be lawful for tJle Husband and Wife at all times hereafter to live separate and apart from each other, and to reside, from time to time, at such place or places as they respectfully shall deem fit, free from any control or restraint or interference, direct or indirect, by each other. 2. No Molestation, Harassment or Interference, Neither party shall molest, harass or interfere with the other or compel or endeavor to compel the other to cohabit or dwell with him or her by any means whatsoever, 3. Mutual Property and Estate Waiver. Except as otherwise expressly set forth herein, in which event such express provision shall take precedence over this paragraph, the parties hereto intend that from and aileI' the date of this Agreement, neither shall have any spouse's rights in the property or estate of the other, and to that end both pruties waive, relinquish, and forbear the rights of dower or curtesy, rights to inherit, rights to claim or take the Husband or Wife's or family exemption or allowance, to be vested with letters of administration or letters testamentary, or to take against any will oflhe other, and each agrees with the other if either should die intestate, his or her share shall descend to vest in his or her heirs at law, personal representatives, and next of kin, excluding the other as though he or she had died a widow or widower, And each further agrees that -2- , \ should the other die testate, his or her property shall descend to and vest in those persons set forth in the other's Last Will and Testament as though the spouse so designated as beneficiary had predeceased the testator. The parties further agree that they may and can hereafter, as though unmarried, without any joinder by him or her, sell, convey, transfer or encumber any and all real estate and personal property which either of them now or hereafter own or possess and further agree that the recording of this Agreement shall be conclusive evidence to all of his or her right to do so. Each of the parties hereto further waives any right of election contained in Chapter 22 of the Pennsylvania Probate Estates and Fiduciaries Code, and any right to s'eek or have an equitable distribution of married property ordered by the Court subsequent to Section 3502 of the Divorce Code, Each of the parties hereto further agrees that neither shall hereafter be lmder any legal obligations to support the other, pay any expenses for maintenances, funeral, burial, or otherwise for the other, and to that end each of the parties hereto does hereby waive any right to receive support, alimony, alimony pendente lite, counsel fees, expenses, or any type of financial assistance whatsoever from the other, except as otherwise expressly provided for herein, 4. Division of Personal Property. A, Except as otherwise provided herein, the pm1ies agree that all items of personal property obtained by the parties during their marriage had been divided amongst the parties to their mutual satisfaction, Henceforth, each of the parties shall own, have and enjoy, independently of any claim of right of the other party, all items of personal property of every kind, nature and description and wheresoever situated which arc now owned or held by or which may hereinafter belong to the Husband or Wife respectively, with full power to the Husband or Wife to dispose of the same as fully and effectually in all respects and for all purposes as ifhe or she were unmarried. B, The parties agree that the 1992 Ford Explorer shall be the sole and separate property of Husband, Wife agrees to execute the appropriate title documents and deliver -3- them to Husband, 11le parties agree that the 1986 Ford Mustang shall be the sole and separate property of Wife, C. TIle parties hereby mutually agree that each party shall own, have and enjoy, their respective bank accounts in their own names, and all joint accounts that remain open at the date ofthis agreement shall be promptly closed, D, The parties agree that their pet, a black Labrador Retriever named "Bailey," shall be the sole and separate property of Husband, 5. Debts, TIle parties hereby acknowledge that at the present time they are not joint owners of any credit cards, The parties further agree that they will each be responsible for any and all credit cards and other debt presently in their sole name and further agree to hold the other party hamlless and indemnify the other party as to any obligation in respect to said debt. Within three (3) months of the date of this Agreement, Husband shall pay to Wife the sum of Two TIlousand Six Hundred Eighty ($2,680.00) Dollars, representing one-half (1/2) of the current balance of a bill consolidation loan in the name of Wife, 6. Future Debts, The parties further agree that neither will incur any more further debts for which the other may be held liable, and if either party incurs a debt for which the other will be liable, that party incurring such debt will hold the other harmless from any and all liability thereof, 7. Real Property. TIle parties agree that the real propelty located at 835 Bosler Avenue in the Borough of Lemoyne, Cumberland County, Pennsylvania, shall be the sole and separate property of Husband, Upon execution of this Agreement, Wife shall execute a deed transferring all of her right, title, and interest in said real property to Husband. Said deed shall, however, be held in escrow pending Husband's refinance of the existing mortgage against the real estate and payment to Wife of the sum of$I,850,OO and further payment of Husband of the sum of $2,680,00 for his one-half share of the current balance of the bill consolidation loan as set forth in -4- Paragraph 5, Within three (3) months of the date of the is Agreement, Husband shall refinance the mortgage debt obligation and at such time shall make the payments aforesaid, Concurrently with his refinance and the payment of the aforesaid sums, Wife shall deliver the deed to the real property to Husband for recordation, 8, Waiver of Alimony. Tn consideration of the mutual agreement of the parties voluntarily to live separate and apart and the provisions contained herein for the respective benefit of the parties and other good and valuable consideration, the parties agree to waive any and all claims for any alimony, except as otherwise provided herein, 9. Pension. Both parties agree to waive any claims tlley may have to any pension or employment benefits of any kind, earned during the marriage, by the other party, 10. Bankruptcy. TIle parties acknowledge and agree that they have specifically structured this Agreement so that the terms, covenants, and conditions set forth herein are non- dischargeable in bankruptcy, under II U.S,C,~523(a)(5), ~523(a)(l5), or otherwise, It is further specifically acknowledged, represented and understood that as part of the consideration of the making of this Agreement, that: (a) Such obligation is for alimony to, maintenance for or support of the other party; (b) TIle party filing bankruptcy, hereafter the "Filing Party," has the ability to pay such debt from income or property not reasonably necessary to be expended for the maintenance or support of the Filing Pmty or of a dependent of the Filing Party or if such party is engaged in a business, for the payment of expenditures necessary for the continuation, preservation and operation of such business; (c) Discharging such debt will not result in a benefit to the Filing Party that would outweigh the detrimental consequences to the other party, Both parties further acknowledge that the preceding terms and representations set forth their actual intent. 11. Counsel Fees and Court Costs, TIle parties agree that each shall be responsible for any attorneys fees and costs that he or she incurs in the pending divorce action captioned at -5- Matthew J, Redmon v. Brenda L. Redmond, No, 98-3336 Civil Tenn, and in the preparation of this Agreement. 12. Divorce, TIle parties acknowledge that an action for divorce between them has been filed by Husband and is presently pending between them in the Court of Common Pleas of Cumberland County to the caption Matthew J. Redmond v, Brenda L. Redmond, 98-3336 Civil Tenn, TIle parties acknowledge that at the expiration of the mandatory ninety day period, each will execute the necessary affidavits of consent for the entry of a final divorce decree in that action. 13. Breach, In the event that either party breaches any provis'ion of this Separation and Property Settlement Agreement, he or she shall be responsible for any and all costs incurred to . enforce the terms hereof, including, but not limited to, court costs and reasonable cOlmsel fees of the other party, In the event of breach, the other party shall have the right, at his or her election, to sue for damages for such breach or to seek such other and additional remedies as may be available to him or her, 14. Enforccmcnt. TIle parties agree that this marital settlement agreement or any part or parts hereof may be enforced in any court of competent jurisdiction, 15, Applicable Law and Exccution, TIle parties hereto agree that this marital settlement agreement shall be construed under the laws of the Commonwealth of Pennsylvania and shall bind the parties hereto and their respective heirs, executors and assigns, TIlis document shall be executed as original and multiple copies. 16. Thc Entirc Agrcemcnt. The parties acknowledge and agree that this marital settlement agreement contains the entire understanding of the p3l1ies and supersedes any prior agreement between them, TIlere are no other representations, warranties, promises, covenants or understandings between the parties other than those expressly set forth herein, 17. Incorporation and Judgment for Divorcc, In the event that either husband or wife at any time hcreafier obtain a divorce in the action for divorce presently pending between -6- v, : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA ; NO, 98- 33 .3 (., CIVIL TERM : CIVIL ACTION - LAW : IN DIVORCE MATIHEW], REDMOND, Plaintiff BRENDA 1. REDMOND, Defendant NOTICE TO DEFEND AND CLAIM RIGHTS You have been sued in Court. If you wish to defend against the claims set forth in the following pages, you must take 'prompt action, You are warned that if you fail to do so, the case will proceed without you and a decree in divorce or annulment may be entered against you for any other claim or relief requested in these papers by the Plaintiff, You may lose money or property or other rights important to you, including custody or visitation of your children, When the ground for the divorce is indignities or irretrievable breakdown of the marriage, you may request marriage counseling, A list of marriage counselors is available in the Office of the Prothonotary at the First Floor, Cumberland County Courthouse, South Hanover Street, Carlisle, Pennsylvania 17013. IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF MARITAL PROPERTY, LAWYER'S FEES, OR EXPENSES BEFORE A DIVORCE IS GRANTED, YOU MAY LOSE THE RIGHT TO CLAIM ANY OF THEM. YOU SHOULD TAKE 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 GET LEGAL HELP. Cumberland County Bar Association 2 Liberty Avenue Carlisle, Pennsylvania 17013 (717) 249-3166 J "':l '). - Vl " ~ , ~ ~~ ~ v,' &. r- .... - ., \II V. - g ~ ~ ij.: ",' ,..:.: lll~-) ~;2 :',~ u .. - ~ . ._ L~-: ~-r . .'-' (;;~-:~ ~:. 8 }~~: _J [i..: ~~i i.::: 1.3- C. c> c f? '~;:l ;>- :': ~;! .,'- ~.);,~) " . . ;.- " "",\ I"" -.: ";; ~~!CQ ::-;:,.l- '. '::'; () . " ~'. ~.:.; (1" '" >- Cl (.: a- t,: .' j::'.:- :;. , . LjJ ~~ ',2 ;;: C) ,.... G:: " " " I. ~_ ::. c.. q1cc ::'.J < ' ("'J 8r> I '. (:} -, ~;..' J ,.r " (;:: : ;.~~ i=-: -' ~!,! -, Lt. ......; :i'; C en C5 '. "')t. , ,. , . .. , MATIHEW J, REDMOND, Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : NO, 98.3336 CIVIL TERM : CIVIL ACTION - LA W : IN DIVORCE v, BRENDA L. REDMOND, Defendant WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER SECTION 3301(c) OF THE DIVORCE CODE [, I consent to the entry of a final decree of divorce without notice, 2, I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if I do not claim them before a divorce is granted. 3, I understand that I will not be divorced lmtiI a divorce decree is entered by the Court and that a copy of the decree will be sent to me immediately after it is filed with the prothonotary, I VERIFY THAT THE STATEMENTS MADE IN TIDS AFFIDAVIT ARE TRUE AND CORRECT, I UNDERSTAND THAT FALSE STATEMENTS HEREIN ARE MADE SUBJECT TO THE PENALTIES OF 18 Pa,C,S, SECTION 4904 RELATING TO UNSWORN F ALSIFICA TION TO AUTHORITIES, Fif5 Ii !99r; Date [~.'; .' ~' (,' \ , 1 I /' . , , ( :'o- f:; j':- lL'r":' ~)( II... " (";.")i-:. T ( C \. t'[r. [z\:. ,.-. '-' Co c> V: c:i.: (".! c.. J -- "'- C) Cl 'i ~ .) .. ... " . .,