Loading...
HomeMy WebLinkAbout98-04326 MARRIAGE SETTLEMENT AGREEMENT THIS AGREEMENTr made this 8'tI1 day of J'1flRc.l-I , 1999, by and between MIRIAM M. MASON, of 1375 Old willow Mill Road, Mechanicsburg, Pennsylvania, hereinafter called "Wife", and JAMES W. MASON, JR., of 5201 Deerfield Avenue, Mechanicsburg, Pennsylvania, hereinafter called "Husband". WIT N E SSE T H: WHEREAS, Wife and Husband were lawfully married on December 13, 1997, in Camp Hill, Cumberland county, Pennsylvania; and WHEREAS, differences have arisen between Wife and Husband in consequence of which they separated and they intend to live separate and apart from each other; and WHEREAS, Wife and Husband desire to settle and determine their individual rights concerning their marital property and all other marital rights and issues; and WHEREAS, Wife has filed a no-fault divorce action against Husband in the Court of Common pleas of Cumberland County which is numbered 98-4326. NOW THEREFORE, the Parties hereto, intending to be legally bound hereby, agree as follows: 1. SEPARATION - It shall be lawful for each Party at all times hereafter to live separate and apart from the other at such place as he or she may from time to time choose or deem fit: The foregoing provision shall not be taken as admission on the part of 1 :.; f:,:"i ..:,' :~ 1,.:,' ,- '., _._~ either Party of the lawfulness or unlawfulness of the causes leading to them living apart. 2. INTERFERENCE - Each party shall be free from interference, authority and control by the other, as fully as if he or she was single or unmarried, except as may be necessary to carry out the provisions of this Agreement. Neither party shall molest or attempt to endeavor to molest the other, nor compel the other to cohabitate with 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. Neither Party shall visit the residence of the other without prior consent, 3. PERSONAL PROPERTY - The personal property of the parties has been divided between them to their mutual satiSfaction. 4. REAL ESTATE - Wife owns in her sole name real estate situate at 1375 Old Willow Mill Road, Mechanicsburg, pennsylvania. Husband releases any right, title and interest he might have, in that home to Wife. Husband owns in his sole name real estate situate at 5201 Deerfield Avenue, Mechanicsburg, Pennsylvania. Wife releases any right, title and interest she might have in that hOlne to Husband. S. PAYMENT Husband shall contemporaneously with the , signing of this Agreement pay the sum of Seven Thousand Seven Hundred Dollars ($7,700.00) to Wife. 2 6. bLIMONY/SUPPOR'l' - The parties mutually waive any right to receive alimony or support from the other. 7. DIVORCE _ Wife has filed a no-fault divorce action in the court of common pleas of cumberland county, pennsylvania to Number 9B-4326. The parties agree to cooperate in finalizing that divorce. B. ATTORNEY'S FEES AND FILING COSTS - The Parties shall pay their individual attorney for all costs relating to the divorce, preparation of this Agreement and any other related fees or costs. 9. MUTUAL RELEASES - Except as otherwise provided for in this Agreement: a. Each Party hereby releases and forever discharges the other and the estate of the other for all purposes from any and all rights and obligations which either has or at any time hereafter may have for past, present or future support or maintenance, alimony pendente lite, 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 upder the pennsylvania Divorce Code of 19BO, its supplements and amendments, as well as under any other law of this or any other jurisdiction. b. Each party hereby releases and forever discharges the other and his or her heirs, executors, administrators, aEisigns, property and estate from any and all rights, claims, demands, or' 3 obl'90tion. orisin9 out of or by virtue of the "rital relationship of the parties or otherwise, whether noW existing or hereafter orislng. The above re"ase shall be effective regardles. of whether such claims arise out of any former or future acts, contracts, engage.ents. or llobllitles of the other or bY way of dower, curtesy, widow'S or widower'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 of the united states, or any other country. The parties each waive and release any and all right to receive insurance proceedS at the death of the other, whether as named beneficiary or otherwise, as well as any right to receive any legacy, bequest or residuary portion of the estate of the other under his or her Will (if executed prior to the execution date hereof), or to act as personal representative of the estate of the other. c. Except for any cause of action for divorce which either Party may have or ,claim to have, each party' gives to the other, by the execution of this Agreement, an absolute and unconditional release and discharge from all causes of aption, claims, rights or demands whatsoever, in laW or in equity, which 4 either Party ever had or now has against the other. 10. INDEMNIFICATION - Each Party represents and warrants to the other that he or she has not incurred any debt, obligation, or other liability, other than those described in this Agreement, on which the other party is or may be liable, Each Party covenants and agrees that if any claim, action or proceeding is hereafter initiated seeking to hold the other party liable for any other debt, obligation, liability, act, or omission of such Party, such Party will, at his or her sole expense, defend the other against any such claim or demand, whether or not well founded, and that he or she will indemnify and hold harmless the other Party in respect of all damages resulting therefrom. 11. 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 any other relief he or she is entitled to at law or equity. The Party breaching this contract shall be responsible for the payment of legal fees and costs incurred by the other in enforcing his or her rights under this Agreement, or seeking such other remedy or relief as may be available to him or her. 12. FULL DISCLOSURE - Husband and Wife each represent and warrant to the other that he or she has made a full and complete disclosure to the other of all assets of any nature whatsoever in which such Party has an interest, of the source and amount of the 5 , ' income of such Party of every type whatsoever and all other facts relating to the subject of this Agreement. 13. REPRESENTATION OF PARTIES BY COUNSEL Wife is represented by Ann V. Levin, Esquire. Husband is represented by Murrel R. Walters, III, Esquire. 14. ADDITIONAL INSTRUMENT - Each of the Parties shall on demand execute and deliver to the other any deeds, bills of sale, assignments, consents to change of beneficiary on insurance policies, tax returns, and other documents and do or cause to be done any other act or thing that may be necessary or desirable to effectuate the provisions and purposes of this Agreement. If either Party fails on demand to comply with this provision, that Party shall pay to the other, all attorneys' fees, costs and other expenses reasonably incurred as a result of such failure. 15. COURT CONFIRMATION - Both Parties agree that either may present this Agreement to a court of competent jurisdiction' in order to have it entered as a binding Order of Court. 16. ENTIRE AGREEMENT - This Agreement contains the entire understanding of the Parties and there are no representations, warranties, covenants or undertakings other than when expressly set forth herein. 17. MODIFICATION AND WAIVER - Modification or waiver of any provision of this Agreement shall be effective only if made in writing and executed with the same formality as this Agreement. 6 0,0 filed with the prothonotary: March 22, 1999, simultaneous with the filing of this Praecipe. Date Defendant's Waiver of Notice in 53301(c) Divorce was SMIGEL, ANDERSON & SACKS Date: March 19, 1999 By: , 5:(-.__, ' C/ L~_) Ann V. Levin, Esquire I.D. #70259 2917 North Front Street Harrisburg, PA 17110-1223 (717) 234-2401 Attorney for Plaintiff - 2 - . . , " C) V) 0 " ~.:J '.-. ~n ,:i)! " ~- ,\0 ~ -I :.. ," '" ...; ,~"'1 F1J :'..) .~rT1 - Po) ;=~6 ~~ -, -;-," ., ;pJ ," ".p '"r" :".l .:.- n :": U1 .- --, -... :." b' I -: r ,) ~ I , I , , Ii " , , V) 0 ....~ ..... 'n -'" .., ;-." ',- ;"J -n:n " :"-' r- ".7fn 'v ':'0 , '::>6 .- ;~ .~::l-r' ( " -1:/ < ~: ( - ~ 9h (-. :.:? o/'n .;;.; ::] :.n :fi! -" c..:! _U -< ;:;:;; -'i'" .~, " Atii; '"' I " ~r ' "'1. ., ....;.. " '~,..;:~ I'" ,;> " -;;' , V , , ~ ' ~ C) <n 0 ~::; \..:J -n .-,. ~r' (,_t -. -j "", ~. :;:-," ~'i::!J " :..r) ;:~.J r- " 1',) '1~lrn ~ " IV OJ: \::-; ,r) , _.~ :,:,0 : :..::~ .:- -ri C " '~1 :u ,--0, n ~, ~;; C;} <5 rn ".::i '.11 ';;! -< c..:! ::0 -< ~'i MIRIAM M. MASON, Plain tiff vs. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 99-1232 CIVILTERM JAMES W. MASON JR., Defendant IN DNORCE WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER fi 3301(c) OF THE DIVORCE CODE 1. 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 ifl do not claim them before a decree is granted. 3. I understand that I will not be divorced until 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 understand 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. ~ 4904 relating to unsworn falsification to authorities. Date: .1 / 9 / f? , I I;L;' {4 JAMES W. MASON, JR. .. (') 'D 0 c: 'J:) .,. .11 TJ , " ..- ,-' ~~~ , .~'. ,. :'-1.) ,,;~IJ (' i'~j r-. :, qnl -" " I" nO ,~ I , ::~O :~~~ .-,.""j " , ..C.9U , , "..:h .. " ~.? Urn "'",' ==2 :n ~ c~ -< i .> ! I' ...-.-.- '" , ~. -" "i;" C) cD 0 (~ <D ., ", , -".. :yJ ':--I' ~r:n'. 'r:;. :"i:!J ~t; :-::. ;.:;1 ., r- ~ ~ C".j .....r-n '6 t Cl ", '::H" '*" - :::.-:~. ",- I' \~ -n -.. ',J-- , ,..0 ":"{:'1 ~ (~ 0 ~ ';;! :::3 :"-.l ::0 ~ -, c::> -< ,)'" V";