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HomeMy WebLinkAbout98-03534 ~ tJ . '" ~ ~ , " ~ I I ~ ~ '1 ~ ~ ..... -.( I <- .~ ...... . ~ .::\ i .. I ~I i ::r-j \\')j \c)i C'v)l ! , , i ~i (l--i i I ~r I i ." MARITAL SETI'LEMENT AGREEMENT THIS AGREEMENT is made this /41~ay ofQ<..tJ-;- 1998, by and between SHARON LINDSEY, ("Wife") and RICHARD D.~~ ("Husband"). WHEREAS, the parties were married on July 8, 1995, and have remained married since that time; and WHEREAS, certain differences have arisen between the parties and, as a consequence, they are living separate and apart from each other; and WHEREAS the parties wish to set forth certain covenants and understandings regarding their separation and their respective property rights; NOW THEREFORE, in consideration of the mutual promises and undertakings contained herein, the parties hereto, intending to be legally bound, covenant and agree as follows: 1. VOLUNTARY AGREEMENT: It is acknowledged by the parties that this Agreement is entered into voluntarily and after due deliberation by each of them. Wife is represented by Samuel W. Milkes, Jacobsen & Milkes. Husband is unrepresented. 2. SEPARATION AND NON-INTERFERENCE: It shall be lawful for Wife and Husband 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 shall respectively deem fit, free from any control, restraint, harassment or interference, indirect or direct, from each other. The foregoing provision!' shall not be taken to be an admission on the part of either party of the lawfulness or unlawfulness of the causes leading them to live apart. 3. DIVORCE ACTION: The parties acknowledge that an action for divorce between them has been med by Wife in the Court of Common Pleas of Cumberland County, Pennsylvania, Lindsey v. Lindsey, No. 98-3534 Civil Term, In Divorce. The parties hereby acknowledge their intention and agreement to proceed in said action to obtain a final decree in divorce by mutual consent on the grounds that their marriage is irretrievably broken, and to settle, amicably and fully hereby, all claims which might be raised by either party in the divorce action. The parties acknowledge that they will execute the necessary Affidavits of Consent for the entry of a final divorce decree in the pending action, once ninety days have passed from the filing of the Divorce Complaint. 4. LEGAL ADVICE: The parties acknowledge that Wife has been represented by Samuel W. Milkes, Esq. JACOBSEN & MILKES, as counsel in this matter, and that Husband has not been represented by legal counsel. Wife and Husband each acknowledge that they have received, or have had the opportunity to receive independent legal advice from counsel of her or his selection prior to the execution of this Agreement, and that each has been provided a copy of this agreement in advance of its execution. Each party agrees that she or he each fully understands the facts surrounding this divorce, and each has had the opportunity to be fully informed as to her or his legal rights and obligations. Each party acknowledges and 2 accepts that this Agreement is, under the circumstances, fair and equitable, and that it is being entered into freely and voluntarily after Wife's consultation with her attorney and Husband's opportunity to consult with his own attorney. The execution of the Agreement is not the result of any duress or undue influence, and it is not the result of any collusion or improper illegal agreement or agreements. The parties acknowledge that each has been fully informed of, or is familiar with, the wealth, property, state, and income of the other, and each party is hereby satisfied that such information is true and correct. Husband understands that he has the right to be represented but he does not wish to be represented. He agrees that he had not consulted with or been advised by Wife's attorney regarding this divorce. 5. PERSONAL PROPERTY: The parties have divided all personal property and each is full owner of the personal property now in her or his possession. This includes any automobiles, cash, stocks, and any other items. However, the miscellaneous furniture, including a dining room suite, deck chairs, a deck bench, and other items as previous identified by the parties shall be transferred by Husband to Wife at the end of August 1998, when she takes possession of a new residence. 6. REAL PROPERTY: Husband shall retain full ownership of the Real Property located at 520 Petersburg Road, Carlisle, Cumberland County, Pennsylvania. Husband shall forthwith refinance the home in his own name, or arrange to have Wife removed as a mortgagor from the financing of this home and at such time, Wife shall convey any and all of her interest in the home solely to Husband. Husband agrees to execute any documents necessary to allow Wife to purchase 3 any real property during the time this Divorce action is pending, confirming that he does not assert any interest in any real property to be acquirod by Wife after the date of execution of tillS agreement. The documentation will include, at a minimum, a Subordination of Marital Rights. 7. ALIMONY AND HEALTH INSURANCE: The parties agree there is no alimony or spousal support to be paid by either. The parties further agree that neither has any obligation to provide the other with any health insurance coverage, at the present time, or in the future. 8. PENSION, CHECKING, AND SAVINGS ACCOUNTS: The parties agree that any pension, retirement, 401(k) plan, IRA plan, or any similar retirement type of plan or benefit, along with any checking, savings, or other cash assets are fully owned by each party in whose name they are currently held will be retained by that party. Additionally, Husband shall sign over any and all of his interest in the Choice Hotels International and Sunburst Hospitality stocks to Wife and Wife shall sign over any and all of her interest in the jointly owned PBHG Mutual Funds. 9. DEBTS OF THE PARTIES: Each party is solely liable for any and all debt in his or her name, and agrees to hold the other party harmless for any debt which may accrue to the non-liable party, as a result of his or her indebtedness. The parties agree tbat they will not in the future contract or incur any debt or liability for which the other party, his or her property or estate, might be responsible and each further agrees to indelll11ifY and save harmless the other party against any claims that may be asserted by anyone against the other party by reason thereof. 4 , i\ 10. NON.MERGER IN DIVORCE DECREE: The parties agree that in the event of absolute divorce between them, they shall nonetheless continue to be bound by all the terms of this Agreement, and neither this Agreement, nor the terms hereof, shall be deemed to have been merged in any decree or judgment granted in the divorce action, but shall survive and be forever binding upon the parties. 11. EXECUTION OF DOCUMENTS: Each of the parties shall, from time to time at the request of each other, execute, acknowledge and deliver to the other party any and all further instruments that may reasonably be required in order to give full force and effect to the provisions of this Agreement. 12. MUTUAL RELEASE AND COUNSEL FEES: Except as provided for in this Agreement, the parties hereby remise, release, quit-claim and forever discharge each other and the estate of each other, for all time to come, and for all purposes whatsoever, from any and every claim, including alimony, alimony pendente lite, spousal support, equitable distribution of marital property, counsel fees or costs under the Divorce Reform Act, or otherwise, that they make or hereafter make in and to or against each other's estates or any parts thereof, whether by way or dower or curtesy, or under the intestate laws, or the right to take or elect against the other's will, except only such rights as accrue pursuant to this Agreement. Each party hereto agrees that she or he shall individUally be responsible for any and all counsel fees and expenses incurred by her or him in connection with the preparation of this Agreement and. the divorce between the parties. 13. NON.WAlVER: The failure of either party to insist in anyone or more 5 instances upon the strict performance of any of the terms hereof in this Agreement shall not be construed as a waiver or relinquishment of such term or terms in the future. 14. RECONCn.IATION: The parties agree that in the event of u , f: ~ I J ; '( reconciliation between them, this Agreement shall continue in full force and effect unless terminated by mutual written consent. 15. BREACH: In the event that either party breaches any provision of this Agreement, she or he shall be responsible for any and all costs incurred to enforce the Agreement, inclu.ding, but not limited to, court costs and counsel fees of the other party. In the event of breach, the other party shall have the right, at her or his election, to sue for damages for such breach or to seek such other and additional remedies as may be available to her or him, including equitable enforcement of the Agreement. 16. ENFORCEMENT: The parties agree that this Agreement or any part or parts hereof may be enforced in any court of competent jurisdiction, 17. APPLICABLE LAW AND EXECUTION: The parties hereto agree that this 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. This Agreement shall be executed as original in quadruplicate. 18. ENTmE AGREEMENT: The parties acknowledge and agree that this Agreement contains the entire understanding of the parties and supersedes any prior agreement between them. There are no other representations, warranties, promises, 6 SHARON LINDSEY Plaintiff IN TIIE COURT OF COMMON PLEAS OF CUMBERLAND COUNlY, PENNSYLVANIA n~ NO.353iof 1998 - CIVIL v. RICHARD D. LINDSEY Defendant CIVIL ACTION DIVORCE 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 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 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, Cumberland County Courthouse, Carlisle, Pennsylvania 17013. IF YOU DO NOT FILE A ClAIM FOR ALIMONY, DMSION OF PROPERlY, LAWYER'S FEES OR EXPENSES BEFORE A DIVORCE OR ANNULMENT IS GRANTED, YOU MAY LOSE TIlE RIGHT TO CLAIM ANY OF TIIEM. 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 TIlE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNIY BAR ASSOCIATION 2 LIBERlY AVENUE CARLISLE, PA 17013 (717) 249-3166 ---- - -- -~... - "".....-............... SHARON LINDSEY Plaintiff, : IN 'I'HE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 3534 CIVIL 1998 v. RICHARD D. LINDSEY Defendant : IN DIVORCE CERTIFICATE OF SERVICE I, Angela S. Garland, hereby certify that on the 24th day of June, 1998, a true and correct copy of the Divorce Complaint. Under Section 3301(c) or 3301(d) of the Divorce code, and Notice to Defend and Claim Rights, in the above-captioned matter was duly served upon Richard D. Lindsey, by depositing it in the U.S. Mail, first class, certified, restricted delivery, return receipt requested, addressed as follows: Richard D. Lindsey 520 Petersburg Road Carlisle PA 17013 The return receipt card was signed on the <9q-H1 day of Qll n t Iqq(j . The return receipt card is attached as Exhibit "A." I hereby verify that the stat.ements made in the foregoing 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. Dated: I ". I .. SE DER: I ~ . Completo Item. 1 andlor 2 for odd/tleno! lorvlco.. I lD . Comploto Itoms 3, end 40 8. b. Ie . Print your nllmo and eddt&S8 on the reverlo 01 this form so thlll wo cen I G) relurn this cord to you. I ~ . Anech thl, form 10 the front 01 tho mll!lplccc. or on thu back if SpllCO . ... does not pormll. I.! . Write "Return Roell/pIRtlqUDlfed" on tho mallpleco borow the article numbor. ,... . Tho Glurn Receipt will show to whom tho orllclo was delivered and tho dolo I a dellvllr d. i'g 3. rtlele Addros.ed to: ii ICHARD D LINDSEY .0. 'e 520 PETERSBURG ROAD '8 CARLISLE PA 17013 '(Il 183 Ia: ,e .e ,<C I fi 5. I ~ 6. Signeture IAg,ntl: j ... . ""', . ~ I . ! . ; I" . j ~ PS Form 3811, December 1991 ..:ru,S,OPO:HI92-323-402 LINDSEY 'ftECEI i :i . ,', li. 'B .. a: E " w 4b. Service Type I o Regi,tered 0 Insured ~ "Certified 0 COO .~ o Express Mea "'C7Return Receipt fa ~ _.1'.tv1erchandlse ... 7. Date of Deliverv oS " ~ 8. Addressee's Address (Only if requested... and fee is paid) i r= R'l3ls'llIi'Nh2t'9 r9fl!M the ,anow/ng sorvlcos ffof~oxtro B feel: 'l!: 1. 0 Address.e's Address ~ 2. ~.etrleted Oel/very Consult ostmastarfor fee. 4a. Article Numbor p 214 465 378 , '.r:';',: Ii ii '.:~~;;;;,.:;,,;, . ~ :::i/,;",,' ,;,.. ,',~;:. "'0.",., '....' '~_"'~'~_'_'~_ . "... .""-"'''.-''.''-'';" "--. ""'''~''''.' DOMESTIC RETURN RECEIPT p 214 465 378 Re)iPt for Cer~fjed Mail No Insurance Coverage Provided Do not use for International Mail ISee Reversel . ~ - """"Os.aft' f'Q'l'a.~.lIlllU Rfcnard D. Lindsey 5:2'6"P~tersburg Rd po. 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