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HomeMy WebLinkAbout98-03593 ~ f ' . 'I I I ~ ~ \. ~~ ~ ~ ~ o I ( .... ~: - . - ~ I j~ : 1'<). \)-.' "", t'<), . ' u...i ~: " ~i i I , STEVEN W. CORDLE, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO 98-3593 CIVIL TERM v. VICKI L. CORDLE, Defendant CIVil ACTION - lAW IN DIVORCE MARITAL SETTLEMENT AGREEMENT THIS AGREEMENT, made this S1!! day of AV4V'i. T , 1999, by and between Vicki L. Cordle, hereinafter referred to as "Wife", and Steven W. Cordle, hereinafter referred to as "Husband." WITNESSETH: WHEREAS, the parties are Husband and Wife who were married on February 12, 1995, and have been separated since November 4, 1997; and, WHEREAS, Husband has instituted divorce proceedings in the Court of Common Pleas of Cumberland County to No. 98-3593 Civil Term by complaint filed on June 26, 1998; and, WHEREAS, diverse unhappy differences, disputes and difficulties have arisen between the parties and the parties have decided that their marriage is irretrievably broken, and it is the intention of the parties to live separate and apart for the rest of their natural lives. The parties are therefore desirous of settling fUlly and finally their respective financial and property rights and obligations as between each other, including without limitation: the ownership and equitable distribution of all property owned by the parties; II " :\ II 'J II 1\ !.i j: and the settling of all related economic claims including but not limited to spousal support, 1 alimony and alimony pendente lite; and in general the settling of any and all claims or possible claims of one against the other or against their respective estates; and, WHEREAS, each party is fully familiar with the all of the property owned by the parties and each party acknowledges having sufficient opportunity to investigate and evaluate the property owned by the parties, and both parties now desire to settle and determine his and her property rights and claims under the Divorce Code. NOW, THEREFORE, in consideration of the mutual promises hereinafter set forth and for other good and valuable consideration, receipt of which is hereby acknowledged by each of the parties hereto, the parties, intending to be legally bound hereby, do covenant and agree as follows: 1. DIVORCE The parties agree to the entry of a Decree in Divorce pursuant to Section 3301 (c) of the Divorce Code. Both parties shall execute and file the requisite Consents and Waivers with the Court contemporaneously with the execution of this Agreement. 2. INCORPORATION BUT NOT MERGER INTO DIVORCE DECREE This Agreement and all warranties and representations contained herein shall survive the Divorce Decree and shall continue to be enforceable in accordance with its terms. No Court may Change the terms of this Agreement, and it shall be binding and inclusive upon the parties. An action may be brought at law, in equity or pursuant to the provisions of the Divorce Code to enforce this Agreement by either Husband or Wife. In the event of a reconciliation, attempted reconciliation or other cohabitation of the parties 2 .. I hereto after the date of this Agreement, this Agreement shall remain in full force and effect in the absence of a written agreement signed by the parties expressly stating that this Agreement has been revoked or modified. 3. ADVICE OF COUNSEL Husband is represented by Michael A. Scherer, Esquire, who is his separate legal counsel and he has been advised of his respective rights, privileges, duties and obligations relative to the parties' property rights and interests under the Divorce Code and regarding alimony and spousal support. Wife is represented by Susan Otto, Esquire, who is her separate legal counsel and she has been advised of her respective rights, privileges, duties and obligations relative to the parties' property rights and interests under the Divorce Code and regarding alimony and spousal support. Husband and Wife acknowledge that each of them has read this Agreement and understands his and her rights and responsibilities under this Agreement, that he and she have executed this 3 i il 'I '/f i II I~ 1\ i~ I r , R q ~l :() f iI\ '" , i ~ . ; ;i ;,:f"/ ,II " !ii " , 1'1 Ii I..' I} :; !/) !1 1;)~i Agreement under no compulsion to do so but as a voluntary act, being apprised of its consequences. 4. TANGIBLE PERSONAL PROPERTY Husband shall become the sole owner of the 1994 Ford F-150 truck he presently drives. Aside from the foregoing, the parties have divided between them to their mutual satisfaction all items of tangible personal property which had heretofore been used by them in common and neither party shall make any claim to such property in the possession of the other. Each party will execute any and all documents necessary to effectuate the transfer of ownership of any items of personal property titled in both names as set forth above. 5. INDEMNIFICATION Both parties covenant, warrant, represent and agree that each will now and at all times hereafter save and keep each other indemnified against all debts, charges, or liabilities incurred by the other after the execution of this Agreement, except as may be otherwise specifically provided for by the terms of this Agreement and neither of them shall hereafter incur any liability whatsoever for which the Estate of the other may be liable. Each party further agrees to indemnify and save and hold harmless the other from any and all liabilities he or she may incur upon the obligations of or assumed by the other, which indemnification as to all provisions of this Agreement shall include the right to recover out of pocket expenses and reasonable attorney's fees actually incurred. 6. EQU.!TABLE AGREEMENT Both parties agree that the hereinabove set forth Agreement constitutes an equitable distribution of their marital property and equitable resolution of all other economic claims pursuant to the provisions of the Divorce Code and each party irrevocably waives, releases, and remises any claim to ownership of or interest in any property designated as the property of the other by virtue of the provisions of this Agreement except as otherwise may be provided pursuant to the provisions of this Agreement. 4 7. MUTUAL RELEASES Husband and Wife do hereby mutually release, remise, quitclaim and forever discharge the other and the estate of the other from any and all claims either party has now, ever may have or can at any time have against the other or the other party's estate or any part thereof, whether arising out of formal contracts, engagements or liabilities of the other party, arising by way of widower's right or under the Intestate Law, arising by any right to take against the Will of the other party, arising out of the Divorce Code, Act No. 26 of 1980, as amended, including, alimony, alimony pendente lite, counsel fees and expenses, arising as a right to spousal support or arising from anything of any nature whatsoever, excepting only those rights accorded to the parties under this Agreement. 8. BREACH If either party to this Agreement resorts to a lawsuit or other legal action pursuant to the provisions of the Divorce Code or otherwise to enforce the provisions of this Agreement, the successful party shall be entitled to recover his or her reasonable attorney fees, actually incurred, from the other as part of the judgment entered in such legal action, whether in law, in equity, pursuant to the provisions of the Divorce Code or otherwise as the same shall be determined by the Court. 9. COMPLETE DISCLOSURE The parties do hereby warrant, represent and declare and do acknowledge and agree that each is and has been fully and completely informed of and is familiar with and is cognizant of the wealth, real and/or personal property, estate and assets, earnings and 5 income of the other and that each has made a full and complete disclosure to the other of his or her entire assets and liabilities and any further enumeration or statement thereof in this Agreement is specifically waived. 10. ENTIRE AGREEMENT This Agreement constitutes the entire understanding of the parties. There are no covenants, conditions, representations or agreements, written or oral, of any nature whatsoever, other than those herein contained. 11. MODIFICATION This Agreement is subject to modification only by a subsequent legal writing signed by both parties. It shall be construed according to the laws of the Commonwealth of Pennsylvania. 12. AGREEMENT BINDING ON HEIRS This Agreement shall bind and inure to the benefit of the parties hereto and their respective heirs, executors, administrators, successors and assigns. ',I i 13. CONTRACT INTERPRETATION For purposes of contract interpretation and for the purpose of resolving any ambiguity herein, Husband and Wife agree that this Agreement was drafted and prepared jointly by their respective counsel. 14. SEVERABILITY AND INDEPENDENT COVENANTS The parties agree that each separate obligation contained in this Agreement shall be deemed to be a separate and independent covenant and agreement. If any term, 6 n ~ ";'l ,,") . I.:) nO I '"'":'.. ',' , " , , ,"J " " , , ~') , (:) '-. .. , , r:'~ l. ., , : ; ". ~;.: . - .,' : ,-"", ,,", \.... , (.,J I , , ....,. C~ 2~i -',1 :n :.n -< <.Ji , STEVEN W. CORDLE, .. Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 98-3593 CIVil TERM v. VICKI l. CORDLE, CIVil ACTION-lAW IN DIVORCE Defendant PRAECIPE TO TRANSMIT RECORD To the Prothonotary: Transmit the record, together with the following information, to the court for entry of a divorce decree: 1. Ground for divorce: irretrievable breakdown under Section 3301 (c) of the divorce code. 2. Date and manner of service of the complaint: Susan J. Otto, Esquire, attorney for the Defendant signed an Acceptance of Service form on July 2, 1998. 3. (Complete either paragraph (a) or (b).) (a) Date of execution of the affidavit of consent required under Section 3301 (c) of the divorce code: by the plaintiff Auaust 23. 1999 by the defendant Julv 19. 1999 (b) (1) Date of execution of the plaintiffs affidavit required by Section 330'1 (d) of the divorce code N/A (2) Date of service of the plaintiffs affidavit upon the defendant N/A 4. Related claims pending NONE 5. Complete either (a) or (b) (a) Date and manner of service of the notice of intention to file praecipe to transmit record, a copy of which is attached: (b) Date plaintiff's waiver of notice in Section 3301 (c) divorce was filed with the Prothonotary: Julv 22. 1999 Date defendant's waiver of notice in Section 3301 (c) divorce was filed with the Prothonotary: Auaust 26. 1999 1fAf!(.~ Michael A. Scherer, Esquire Attorney for the Plaintiff, Steven W. Cordle ! . C) I ;~, (~ c.. IJ.> ,; :':~:: [,:" , I'l I ./) --.~ - i'v -. , .' (/ . -_,I ) ....) , , ~~- - " --:; ..: ; ,~ ~) , c. :..J f'; I ;..;~ ( '~":l .--~ :.n ::,b -J (1\ ~~ -, )1 I'r' VERIFICATION I vertfy that the statements made in this Complaint are true and oorrect. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. S 4904, relatirg to unsw:m .-~H /AI ~L/16 STEVEN W CORDLE falsification to authorities. Date: 6-;CJ- 98 C) l,.::; , -- C' l...:;.) 'r: -c .- ?/ "' ~ , ; : ~,) ", , '. . .' ~~: ". -.. .,~ . , , , ( c.:) , '. .",- ,- ~,-:.. .' ('f) ~u ..., IN TIlE COUIl'l' OF COMMON PI.EAS OF CUMIlEIlJ.AND COUNTY. PENNSYI.vANIA CIVIL ACTION - LAW STEVEN W. CORDLE vs. VICKI L. CORDLE NOTICE '1'0 RESUME PRIOR SURNAME Notice is hereby given that the ~/Defendant in the above matter. having been granted a Final Decree in Divorce on the 3rd day of September . 19 99 . hereby elects to resume the prior surname of this written notice HARTMAN , and gives pursuant to the provisions of 54 P.S. S 704. DATE: 9-/3- 9 '7 l ~K'l ~ ~. CO\du. Signature I ~\h{' )J~' d. rlm.ctfYlO.0 Signature of name being resumed COMMONWEALTH OF PENNSYLVANIA: : 55. :::::: ;;b;;;~'~~~~;Ya~:'~ above'a::;:"f'k~~~.:om:; :0 be the person whose name is subscribed to the within document and acknowledged that he/she executed the foregoing for the purpose therein contained. seal. In Witness Whereof, " j: ;: " " i' [I II' , "'i .l:.. . "\..}~ j, , '- a~o ( Notary Public e -.-----.------.---.. Notarial Seal Cynthia L. Darr. Notary Public SOUIh Middleton Twp.. Cumberland Counly My Commr"lOn Expires Aug. 14. 2000 { \\i (: ~ '. \ !," . " ../~.,' '1,'~ \ " ., .)) d' 1,\, . \ It{ ; j '.. ~-"' ," ~, -, p ~ '1 ~ I_c, 0, - ...... . C ;~ ..: ~ C- .. -. .. ."', ~ ~ :...i :.:.; t::: -..: -{) r--. ~ ,(;0 C1 ?",