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HomeMy WebLinkAbout98-04396 1 I i ! ",I ~ i ;) o ~I I j ~I , i \,1 g\ 0' ~ i i I I ! I I I ( I ~l I ! I =--1 - I ':\' . (j ~l a-- "') ~. j ,1 ~., ~. ;)- ,-S'-f! , SEPARATION AND PROPERTY SETILEMENT AGREEMENT TInS AGREEMENT, made this 7 r.!1 day of {If'f2..'J . 1999. by and betWeen DANA G. HOOVER, of 2 Bear HoDow Road, Newburg. Cumberland Coonty. Pennsylvania, party of the first part, hereinafter referred to as "Husband". AND SUSAN D. HOOVER, of 1-3 East Main Street, Newburg, Cumberland County. Pennsylvania, party of the second part, hereinafter referred to as "Wile". WITNESSETH: WHEREAS. Husband and Wile were married on September 10. 1983 in Cumberland County. Pennsylvania; and WHEREAS, Husband and Wile are residents of the Commonwealth of Pennsylvania and have been so for at least the past six months; WHEREAS, certain differences have arisen betWeen the parties hereto which have made them desirous of living separate and apart from one another; and WHEREAS, Husband and Wife desire to settle and determine certain of their marital rights and obligations. and make an equitable distribution of their marital property, determine their rights to alimony and suppon and any other matters which may be considered under the Divorce Code; and WHEREAS, it is the intention and purpose of this Agreement to set forth the respective rights and duties of the parties while they continue to live apart from each other and to settle all financial and propeny rights between them; and -. , . defense of any action for divorce; provided, however. that nothing contained in this Agreement shall prevent or preclude either of the parties hereto from commencing. instituting or prosecuting any action or actions for divorce, either absolute or otherwise, upon just, legal and proper grounds; not to prevent either party from defending any such action which has been, may. or shall be instituted by the other party, or from making any just or proper defense thereto. It is warranted, covenanted, and represented by Husband and WIfe. each to the other. that this Agreement is !awfuI and enforceable and this warranty, covenant, and representation is made for the specific purpose of inducing Husband and Wile to execute the Agreement. Husband and WIfe each knowingly and understandingly hereby waive any and all possible claims that this Agreement is, for any reason, illegal, or for any reason whatsoever of public policy. unenforceable in whole or in part. Husband and Wile do each hereby warrant, covenant and agree that, in any possible event, he and she are and shall forever be estopped from asserting any illegality or unenforceability as to all or any part of this Agreement. 2.2 It is funher specifically understood and agreed that the provision of this Agreement relating to the equitable distribution of propeny of the panies are accepted by each party as a final settlement for all purposes whatsoever. Should either of the parties obtain a decree, judgment or order of separation or divorce in any other state, country. or jurisdiction, each of the parties to this Agreement hereby consents and agrees that this Agreement and all its covenants shall not be affected in any way by any such separation and divorce. 2.3 This Agreement shall survive any decree in divorce and shall be forever binding and conclusive on the panies. It is understood by and between the panies that this Agreement shall be . 3.5 SubseauentlY Acauired PrODertv. Husband and Wife agree to waive and relinquish any and all right that he or she may now have or hereafter acquire in any real or tanglole persoca1 property subsequently acquired by the other party. Husband and Wife specificaUy agree to waive and relinquish any right in such propeny that may arise as a result of the marriage relationship. 3.6 Real Estate. The parties are the joint owners of real estate located at 2 Bear HoUow Road. Newburg. Cumberland County, Pennsylvania, which property is CWTently held in the parties' joint names. This propeny is unencumbered at this time. Wile agrees that. contemporaneously with the execution of this agreement, she will execute a general warranty fee simple Deed conveying all of her right, title, and interest in the aforesaid real estate to Husband. Wile shall then deliver said Deed to Husband in exchange for a lump sum payment ofS40,000.00 which shall be paid directly from Husband to Wife. The $40,000.00 payment referenced herein, which shall be made by Husband to Wife, is the sole disbursement of any proceeds or any other reimbursement for any legal or equitable interest in the aforesaid real estate from Husband to Wife. Upon execution'and delivery of the deed from Wife to Husband and upon Wile's receipt of $40,000.00, Wife does thereafter waive, relinquish, and transfer any and all right, title, and interest she has in the aforesaid real estate, both legal and equitable. and will make no claims of any nature whatsoever, relative to any ownership interests, legal or equitable. Husband shall secure sufficient funds to pay the $40,000.00 lump sum disbursement to Wile within 30 days execution of this Agreement. Should there be any encumbrances on the aforesaid real estate at the time of transfer of the propeny, those encumbrances are and shaD remain Husband's sole and exclusive responsibility, Husband shall indemnify Wife and hold her barmless from and against any and all demands for payment or collection activity of any nature whatsoever relative to any such encumbrances. With the exception of the above-referenced real estate, the parties do not own other real estate and do not have interest either independently or jointly with others in other real estate. 3.7 Pension. Retirement. Profit-Sharin2. Wile agrees to waive, relinquish, or transfer any and all right to ownership that she has in any pension, profit sharing, retirement, IRA. or any other similar retirement accounts that Husband has secured independently or through his present or prior employment. Wife hereby waives, relinquishes and transfers any right, title and interest that she has in any such accounts, and will execute any and aU necessary documents to so waive her interest, if that becomes necessary. Husband agrees to waive, relinquish, or transfer any and all right to ownership. that he has in any pension, profit sharing, retirement, IRA, or any other similar retirement accounts that Wife has secured independently or through her present or prior employment. Husband hereby waives, relinquishes and transfers any right, title and interest that he has in any such accounts, and will execute any and all necessary documents to so waive his interest, if that becomes necessary. 3.8 Vehicles. The parties are the owners of a 1991 Chevrolet Lumina which is presently in Wife's possession. Wife shall retain sole and exclusive ownership and possession of the aforesaid vehicle. In the event it is necessary for Husband to execute any documents to waive, transfer, or relinquish his interest in the aforesaid vehicle, he would do so within 10 days of being requested to do so by Wife or her legal representative. Wife shall be solely and exclusively responsible for any and all encumbrance of any nature whatsoever on the aforesaid vehicle and shall hold , Husband harmless and save him from and against any and all demands for payment or coUection activity of any nature whatsoever, relative to any such encumbrance. The parties are the owners of a 1988 Chevrolet pick up which is presently in Husband's possession. Husband shall retain sole and exclusive ownership and possession of the aforesaid vehicle. In the event it is necessary for Wife to execute any documents to waive, transfer, or relinquish her interest in the aforesaid vehicle, she would do so within 10 days of being requested to do so by Husband or his legal representative. Husband shall be solely and exclusively responsible for any and all encumbrance of any nature whatsoever on the aforesaid vehicle and shall hold' Wife harmless and save her from and against any and all demands for payment or collection activity of any nature whatsoever, relative to any such encumbrance. 3.9 Intan2ible Personal Prooertv. The panies have already transferred or waived rights and interest in all of their intangible personal propeny including their bank accounts, credit union accounts, savings accounts, and the like, Neither party will make any claim of any nature whatsoever against the other party relative to financial accounts or other investments or intangible personal property that the other party has in their name alone, from this date forward. ARTICLE IV ALfMONY. ALIMONY PENDENTE LITE. SPOUSAL SUPPORT.ND MAINTENANCE 4.1 The parties herein acknowledge that except for the provisions set forth in Paragraph 4.1 above, they have each secured and maintained a substantial and adequate fund with which to provide themselves sufficient resources to provide for their comfon, maintenance and suppon in the station of life in which they are accustom, Husband and Wife do hereby waive, release and give up any rights they may respectfully have against the other for alimony, alimony pendente lite, suppon or maintenance. 4.2 Husband and Wile specifically waive, release and give up any rights for alimony, alimony pendente lite and spousal support pursu31lt to Chapter 37 of the Domestic Relations Code. , ARTICLE V DEBTS OF THE PARTIES 5.1 Each party represents to the other that except as otherwise specifically set forth in this Agreement, there are no major outstanding obligations of the parties; that since the separation neither party has contracted for any debts for which the other will be responsible and each party indemnifies and holds harmless the other for all obligations separately incurred or assumed under this Agreement. ARTICLE VI ~nSCELLANEOUS PROVISIONS 6.1 Advice of Counsel. The provisions of this Agreement and their legal effect have been fully elCplained to the panies by their respective counsel, being Bradley L. Griffie, Esquire for Husband, and Lindsay Dare Baird, Esquire for Wife. The parties acknowledge that they have either received independent legal advice from counsel of their own selection, that they fully understand the facts and have been fully informed as to their legal rights and obligation or otherwise understand those legal rights and obligations. They acknowledge and accept that this Agreement is. in the circumstances. fair and equitable, that it is being entered into freely and voluntarily, after having received such advice and with such knowledge that execution of this Agreement is not the result of any duress or undue influence, and further that it is not the result of any coUusion or improper or illegal agreement or agreements. 6.2 Counsel fees. Each party agrees to be respon51ble for his or her own legal fees and expenses, and each party hereby agrees to waive any claim for alimony, alimony pendente 1ite, counsel fees, expenses or costs. 6.3 Mutual Release. Husband and Wile each do hereby mutually remise, release, quitclaim. and forever discharge the other and the estate of such other, for aU times to come and for all purposes whatsoever, of and from any and all right,. title and interest, or claims in or against the property (mcluding income and gain from property hereafter accruing) of the other or against the estate of such other, of whatever nature and wheresoever situate, which he or she now has or at any time hereafter may have against such other, the estate of such other, or any part thereof: whether arising out of any former acts, contracts, engagements, or liabilities of such other as by way of dower or curtesy, or claims in the nature of dower or curtesy or 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 panicipate in a deceased spouse's estate, whether arising under the laws of (a) Pennsylvania. (b) any state, commonwealth orterritory of the United States, or (c) any other country. or any rights which either party may have or at any time hereafter have for past, present, or future suppon or maintenance, alimony, alimony pendente lite, counsel fees, costs or expenses, whether arising as a result of the marital relation or otherwise. except and only except, all rights and agreements and obligations of whatsoever nature ,arising or which may arise under this Agreement or for the breach of any thereof. It is the intention of Husband and Wife to give to each other by execution of this Agreement a full. complete, and general release with respect to any and all propeny of any kind or nature, real or personal, not mixed, which the other now owns or may hereafter acquire, except and only except, all rights and agreements and obligations of whatsoever nature arising or which may arise under this Agreement or for the breach of any thereof. 6.4 Bankruptcv. The parties agree that any an all financial obligations assumed herein shall not be subject to discharge through bankruptcy proceedings. This includes, but is not limited to, aU financial obligations assumed under Paragraph 3.6,3.8, and 4.1 of this Agreement. In the event either party attempts to avoid financial obligations descnoed herein through bankruptcy proceedings the other party shall have an independent claim against the party claiming bankruptcy for any and all sums that the other party assumes or is required to pay due to the actions of the party claiming bankruptcy, Funher, all rights available to the other party provided for in Paragraph 6,14 hereinafter shall be available to the party not filing bankruptcy. 6.5 W arran ties. Each party represents that they have not heretofore incurred or contracted for any debt or liability or obligation for which the estate of the other party may be responsible or liable, except as may be provided for in this Agreement. Each party agrees to indemnifY or hold the other party harmless from and against any and all such debts, liabilities or obligations of every kind. including those for necessities, except for the obligations arising out of this Agreement. Husband and Wife each warrant. covenant, represent and agree that each will, now and at all times hereafter, save harmless and keep the other indemnified from all debts, charges, and liabilities incurred by the other after the execution date of this Agreement, except as is otherwise specifically provided for by the terms of this Agreement and that neither of them hereafter incur any liability whatsoever for which the estate of the other may be liable. 6.6 No waiver or modification of any of the terms of this Agreement shall be valid unless in writing and signed by both parties and no waiver of any breach hereof or default hereunder shall be deemed a waiver of any subsequent default of the same or similar nature. 6.7 Husband and Wife covenant and agree that they will fonhwith execute any and all written instruments, assignments, releases, satisfactions, deeds, notes or such other writings as may be necessary or desirable for the proper implementation of this Agreement, and as their respective counsel shall mutually agree should be so executed in order to carry fuUy and effectively the terms of this Agreement. 6.8 This Agreement shall be construed in accordance with the laws of the Commonwealth of Pennsylvania which are in effect as of the date of the execution of this Agreement. 6.9 This Agreement shall be binding and shall inure to the benefit of the parties hereto and their respective heirs. executors. administrators. successors and assigns. 6.10 This Agreement constitutes the entire understanding of the parties and supersedes any and all prior agreements and negotiations between them. There are no representations or warranties other than those expressly set forth herein. >- <:;. >-- (r ~; LJ: .- lUS-? '. , <.) 0-:. .. , tr:( \ . ~..1. _ : (.i... C);". t 1,_ .1 OC. C. . ,;" ,"\ U.lt. ('-' -./ G: I' , c: r-:7 C.. , "', .q '- u. C"', ::J 0 0'. U , , . 9. The parties' marriage is irretrievably broken. 10. Plaintiff desires a divorce and it is believed that Defendant will after ninety (90) days from the date of the service of this Complaint consent to this divorce. WHEREFORE, Plaintiff requests your Honorable Court to enter a Decree in Divorce under Section 3301 (c)ofthe Domestic Relations Code. COUNT 11- EQUITABLE DISTRIBUTION 11. Paragraphs 1 through 10 are incorporated herein by reference as if set forth in their full text. . 12. Plaintiff and Defendant are joint owners of certain real estate located at 2 Bear Hollow Road, Newburg, Cumberland County, Pennsylvania. 13. Plaintiff and Defendant are joint owners of various items of personal property, furniture, and household furnishings acquired during their marriage which are subject to equitable distribution. 14. Plaintiff and Defendant have incurred debts and obligations during their marriage which are subject to equitable distribution, WHEREFORE, Plaintiff prays this Honorable Court to equitably distribute the parties' marital property and equitably apportion their debts. 2 ,1 J 1& ... vJ - ;) ,') ';::I 5 () .Il ~ 'II '.A J> 'rI .:J' ,;, . r- .~ - r~ -- <;-.. - .. , ....... " t , c-.-.1. .,.. @ '- ;' <~ '-. " ,..; " ,.} . (),', n:~,.~ 'I ~; (j!';" I't, (~) ~'- ll.lL' [c!.~ .- 'I-~ lI_ V C!l ;~: '. .' ('.~ .' . ; ) .'-:. " ) :~.~ l't.. "~.I ! .- (:, il2 c-: ~'. I :::"'j -;: i LJ ;:) ~, I ('1. --:;. ,', (11 ':J "-, U >- r-- "- C. C ;~:> ..;J 0/ r:.:: ::~:; ,("'I ;'~ ~~:; ;:, '~.....-.1 :!:= .:_) "', G..-' ~. :...' ~:) i~~ (:;.... '. ::j , ..J... , c:. , sn 1...... "'" N :;.1 ~;: ltJ -., a::: 'i (:"- U:~ e.. i~~ ..d -'. ~'.L ..;::;;: ..,:. L.L. l..T. '':') C; ()) 0 vs. : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW j.' ,. ..,. i 1 "1'1' :~ la DANA G. HOOVER, Plaintiff SUSAN D, HOOVER, Defendant : NO, 98-4396 CIVIL TERM : IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REOUJ<3sr ENTRY OF A DIVORCE DECREE UNDER SECTION 3301 eel OF THE DIVORCE COlll<~ 1. I consent to the entry of a final decree in divorce without notice. 2. I understand that I may lose rights conceming alimony, dlv~\;l1n of property, lawyer's fees or expenses iff do not claim them before a divorce is grunted, 3. I understand that I will not be divorced until a divorce decree is entered by the Court and that a copy ofthe decree will be sent to me immediately after it is filed with the Prothonotary. I VERIFY THAT THE STATEMENTS MADE IN THE FOREGOING 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 FALSiCATION Tq.AUTHORITIES. DATE: -)1-/-97 ~.:: r- L,-, C "'.1. I.... I'..' C) '. n:.: ! C) , C:I C. lU __J , L Cr.: 1.', 0'. " -, C ., '.) . ! 'I i I I I ! I i i i , I I , , I I I i i >- >- ~ <:-: .~ ~:j 1.l~1~~ c'.! i;:.' "",," rw)';--.; ."';"~ , G..:f,: 0: ~:j ti, r::~~ 7 () '~a , (: t:) ~I N Lwd , .. -J . i Ce- " I c:- ~:(~ u :J~ l:./ c, '- t-- w_ ...-. u.. en ::J 0 O"l ()