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HomeMy WebLinkAbout98-03477 i~ I~ I~ t '1 i~ , ~ ~ \I) ;ii~ , ,.\~,;;-, "'\\1_ 'I, \ \ \. i ( : ~~ i i , i i I I I , , - :~ ..... <:.J ~ I~ I , ~i i , j 0..1 \:t-i I I ~' by each of the Parties hereto, Wife and Husband, each intending to be legally bound hereby, covenant and agree as follows: 1. ADVICE OF COUNSEL, The provisions of this Agreement and their legal effect have been fully explained to the Parties by their respective counsel, Gerald S. RObinson, Esquire, for Husband, and Lee E. Oesterling, Esquire, for Wife, The Parties acknowledge that they have received independent legal advice from counsel of their selection and that they fully understand the facts and have been informed as to their legal rights and obligations and they acknowledge and accept that this Agreement is, in the circumstances, fair and equitable and that it is being entered into freely and voluntarily, after 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. 2. SEPARATION. It shall be lawful for each Party at all times hereafter to continue to live separate and apart from the other Party at such places as he or she may from time to time choose or deem fit. The foregoing provisions shall not be taken as an admission on the part of either Party of the lawfulness or unlawfulness of the causes leading to their living apart. 3. AGREEMENT TO BE INCORPORATED IN DIVORCE DECREE.' The Parties agree that the terms 0~ this Agreement shall be incorporated into any Divorce Decree wnich may be entered with respect to them at the request of either Party. The Parties agree that the Court of Common Pleas of Cumberland County, Pennsylvania, shall retain -2- continuing jurisdiction over the Parties and the Agreement for the purposes of enforcement of any of the provisions thereof. The Parties agree that unless otherwise specifically provided herein, if a Decree is entered divorcing the parties, although this Agreement shall be incorporated into said Decree, this Agreement shall not merge with, but shall continue in full force and effect after such time as a Final Decree in Divorce may be entered with respect to the Parties and may be enforced in an action independent of the Divorce Decree. The Parties agree and it is the intent of each of them that even though this Agreement may be enforced either under the provisions of the pennsylvania Divorce Code or in an action independent of the Divorce Decree in accordance with Section 3502 of the pennsylvania Divorce Code, the provisions of this Agreement regarding the disposition of existing property rights and interests between the Parties, alimony, alimony pendente lite, counsel fees and expenses shall not be subject to modification by any Court. 4. SUBSEOUENT DIVORCE, The Parties hereby acknowledge and express their agreement that the marriage is irretrievably broken, and the Parties agree to cooperate in any necessary way to obtain a mutual consent, no-fault divorce, pursuant to Section 330l(c) of the Pennsylvania Divorce Code. 5, INTERFERENCE, Each Party shall be free from interference, authority, and contact by the other, as fully as if he or she were single and unmarried, except as may be necessary to carry out the provisions of this Agreement. Neither party shall molest the other or attempt to molest the other, nor compel the other to cohabit with -3- the other, or in any way harass or malign the other, nor in any way interfere with the peaceful existence, separate and apart from the other. 6. 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 she 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. 7. HUSBAND'S DEBTS. Husband represents and warrants to Wife that he will not contract or incur any debts or liability for which Wife or her estate might be responsible, and he 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, 8. 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 and discharge the other of and from all causes of action, claims, rights, or demands, whatsoever in law or equity, which either of the Parties had or now has against the other, except for any and all causes of action for divorce and except for any and all causes of action for breach of any provislons of this Agreement, 9. DISCLOSURE OF PROPERTY, Husband and Wife acknowledge and agree that they have made a full and complete disclosure to the other of all information pertaining to the Parties' separate and marital property owned, possessed and/or controlled by the other at the time -4- of the separation of the Parties and, further, that the Husband and Wife voluntarily and intelligently agree to waive any rights which they may have to receive an Inventory and Appraisement of all property owned or possessed by them, either jointly or individually, at the time of the delivery of this Agreement or of the commencement of any action of divorce. 10. EOUITABLE DISTRIBUTION. Husband and Wife acknowledge and agree that the provisions of this Agreement with respect to the distribution and division of marital and separate property are fair, equitable and satisfactory to them based on the length of their marriage and other relevant factors that have been taken into consideration by the Parties. a. REAL PROPERTY. The Parties acknowledge that Husband and Wife have legal interests in the marital property situate at 303 Salt Road, Enola, Pennsylvania, as well as as investment properties located at 630 Geary Street 632 Geary Street and 1603 1/2 Derry, all of which are located in Harrisburg, Dauphin County, Pennsylvania. Husband shall obtain sole ownership of all properties and exclusive possession of the marital property pending the divorce proceedings. Husband shall assume sole financial responsibility for the costs associated with said properties, including but not limited to mortgages, taxes, insurance, utilities, repairs and improvements associated with the upkeep. Husband shall indemnify Wife and hold her harmless for any claims made against her related to said real estate, said claims arising after the execution of this Agreement. Wife agrees to relinquish any interest she has in the said real -5- ',.\ estate in exchange for $31,000.00 payable by Husband upon sale and settlement of the property situate at 303 Salt Road, Eno1a, Pennsylvania. Wife will execute documents as necessary to relinquish her interest in said real estate when requested. Said property is currently listed for sale for $79,000,00 with William Kayler, an agent of Coldwell Banker Homesale Services Group. Wife will execute documents as necessary to relinquish her interest in said real estate when requested. b. PERSONAL PROPERTY. The Parties have divided between themselves, to their mutual satisfaction, all items of tangible, personal property. Neither Party shall make any claim to any such item of tangible personal property whether said items are marital property or said items are separate personal property of either Party. c. MOTOR VEHICLES. With respect to the vehicles owned by the Parties, the 1992 Chevrolet Silverado shall become the sole and exclusive property of Husband, which title shall be transferred to him by Wife contemporaneously with the signing of this Agreement. The 1990 Chevrolet Corsica shall become the sole and exclusive property of Wife, which title shall be transferred to her by Husband contemporaneously with the signing of this Agreement. Each party shall be responsible for the costs associated with their vehicle including but not limited to loans, insurance, registration, maintenance and repair, and shall hold the other harmless for any claim made against the other relative to the vehicle, -6- d, EMPLOYMENT-RELATED BENEFITS, Wi th regard to employment, each Party hereto waives any interest they may have in the other's retirement, pension or other employment-related benefits. e. CHECKING AND SAVINGS ACCOUNTS. With regard to checking and savings accounts, each Party hereto waives any interest they may have in the other's personal checking and savings accounts. f, MARITAL DEBTS. With respect to the debts incurred during the marriage, the Parties acknowledge that the following joint debts exist in the following amounts: 1. Home Equity Loan - Fulton Bank $3,200.00 Husband shall assume sole responsibility for the repayment of the Home Equity Loan with Fulton Bank. The loan will be paid in full from the proceeds of the sale of 303 Salt Road, Enola, Pennsylvania. Both Parties hereby accept the provisions of this Agreement with respect to division of property in lieu of and in full and final settlement and satisfaction of all claims and demands that they may now have or hereafter have against the other for the equitable distribution of their property by any Court of competent jurisdiction pursuant to Section 3502 of the Divorce Code or any other laws, Husband and Wife voluntarily and intelligently waive and relinquish any rights to seek a Court-ordered determination and distribution of marital property, but nothing herein shall constitute a waiver by either Party of any rights to seek their relief of any Court for the purpose of enforcing the provisions of this Agreement. 11. ALIMONY. ALIMONY PENDENTE LITE. COUNSEL FEES AND EXPENSES. Both Parties accept the provisions of this Agreement in -7- lieu of and as full and final settlement and satisfaction of all claims and demands that they may now or hereafter have against the other for alimony and/or alimony pendente lite, or for any other provision for support and maintenance before, during or after the commencement of any proceedings for the divorce or annulment between the Parties. Husband agrees to pay Wife's attorney in an amount not to exceed $500.00 payable upon entry of the final decree in divorce. 12. WAIVER OF CLAIMS AGAINST ESTATE, Except as herein otherwise provided, each Party may dispose of his or her property in any way, and each Party hereby waives and relinquishes any and all rights he or she may now or hereafter acquire, under the present or future laws of any jurisdiction, to share in the property or the estate of the other as a result of the marital relationship, including, without limitation, dower, courtesy, statutory allowance, widows allowance, right to take property under equitable distribution, right to take in intestacy, right to take against the will of the other's estate, and who will, at the request of the other, execute, acknowledge and deliver any and all instruments which may be necessary or advisable to carry into effect this mutual waiver and relinquishment of all such interests, rights and claims. 13. BREACH, If either Party breaches any provision of this Agreement, the other Party shall have the right, at his or her election, to sue for damages for such breach or seek such other remedies or relief as may be advisable to him or her, and the Party breaching this Contract should be responsible for payment of legal -8- ~(i' i (' " , , ; , . I "I J I ~"," I ., I ,~i tr.,,~ I 'X I tf~[I;,. f, 1 -. , , '.1 :.'\ i if' 1'1" 1_" ill" i;.,,;, ,[\.", , .:,': i "~,'.'. : " , I': i It! , f\ ,1,/ !.II { 'I:' \~!ii-: jl,\ II,", I',; ,:~ii}, ".. rE~~.~: I..", t:~{1~' 'b~ij{ !~'" .,""''''i' ,i~ 11'" L\;$ I I I i I ' fees and costs incurred by the other in enforcing their rights under I this Agreement, 14. ENTIRE AGREEMENT, This Agreement contains the entire understanding of the Parties and there are no representations, warranties, covenants or undertakings other than those expressly set forth herein. 15. MODIFICATION AND WAIVER. The modification or waiver of any of the provisions of this Agreement shall be effective only if made in writing and executed with the same formality as this Agreement. The failure of either Party to insist upon strict performance of any of the provisions of this Agreement shall not be construed as a waiver of any subsequent default of the same or similar nature, 16, DESCRIPTIVE HEADINGS. The descriptive headings used herein are for convenience only, They shall have no effect whatsoever in determining the rights or obligations of the Parties, 17. INDEPENDENT SEPARATE COVENANT. It is specifically understood and agreed by and between the Parties hereto that each paragraph hereof shall be deemed to be a separate and independent covenant and agreement. 18. APPLICABLE LAW. This Agreement shall be construed under the laws of the Commonwealth of Pennsylvania. 19. VOLUNTARY EXECUTION. Husband and Wife acknowledge and represent that the provisions of this Agreement are fully understood by both Parties and each Party acknowledges that this Agreement is in all respects fair and equitable, that it is being entered into -9- IN TilE COURT OF COMMON I'LMS CUMBERLAND (:OUNTY, COMMONWEALTII OF I'ENNSYLVANIA ARLENE I{. STILL Plainlil1: No. If f - 1 'I 77 0.~:J -r;....... v. Civil Action- Law GARY L. STILL Defendant NOTICE TO DEFEND AND CLAIM OF RIGHT~ 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 may proceed without you and a decree of divorce or annulment may be entered against you by the Court. A judgment may also 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 cLlstody or visitation of your children, IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISIOl'i OF I)ROPERTY LAWYER'S FEES OR EXPENSES BEFORE A DIVORCE OR ANNULMENT 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 COURT ADMINISTRATOR I Courthouse Square Carlisle, Pennsylvania 17101 (7 I 7) 240-6200 (> ,n CJ , ~:) '"I"I ,- :-1 " ; : i I~''] "~) . ~;n (_0.. )9 {c:> ::-., ";'-11 f, 'j:n 8 ;:S:~ri , ::.-,~~ ,,' ~j ...J .....1 ~, ~ r~ l'l G" \" ~ "" F ........ OQ -- ...c. "'- "9 "\ ...., ,:-, <::i \r, ~\ ""\ v, ~ 'd c;/ ...... t; l r { i , I I r' " ,., n " ) --" (~: '. I '.- ,,' -:) , " ," :-11 ! ,"1 ',' , ~1:~ , ::g , , , r-' ;'-) __"J .. ~ _._~ 'M -.".' ~ :'" .) ," -, , ;.> ", '~ ("'1 ,0 n '.. ('. .rJ : ::.J I '" 1 , '.-) ,-, ,'-. I ',d ; r',' .. -' ,S .. 1-': .'T~ -1-, .. '. ., .. . ~~ .,'1 t'"5 , . \1-" .. ~1 ,J.) ~::l .', , f.) -~ ARLENE R, STILL, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff, v. NO. 98-3477 GARY L. STILL, Defendant, CIVIL ACTION--LAW IN DIVORCE AFFIDAVIT OF CONSENT 1, A complaint in divorce under section 3301(c) of the Divorce Code was filed on June 23, 1998. 2, The marriage of Plaintiff and Defendant is irretrievably broken and ninety days have elapsed from the date of filing (June 23, 1998) and service (June 25, 1998) of the Complaint. 3, I consent to the entry of a final decree of divorce after service of notice of intention to request entry of the decree. I verify that the statements made in this 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 falsification to authorities, Date: 9/2. .,-17?' FENDANT