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HomeMy WebLinkAbout98-05960 oJ -::::r- j' -! cJ - -r 7- -1 , ~ ~ p J o ...3 0- lD \ '(:fJ U . !" '.: :-: :. . ...' :+: ;.t. :..' ~ ~. ;.: :~ :.: ~ :-: ~ :~ ~: :~ ~ .. ~ ~ ~ , i ~: I i ~ I ~ I i ~ I ~ I , ~ I ~ I ~ ~ I ~ ~ .' + '. . " .. . ." ... ... . .. o. 'f .. :.: .. ~ !t: ,it: IN THE COURT or-=- COMMON PLEAS ()F' . . . , - L I M [:! L' f',) I A f' I [ \...'" I ,I [". ,.. ...) C:()UNTY ~)r (\ IT, UI KJ\HEN IJ. LYTJ,E, Plaintiff SAMl IJ. LYTLE, ~fenclilnt I" .t, .' , ofX-, ~'~~ ,"\ "'",,' ii" 1"i,:\JNA. '.T;/~~' ~ " , ()B-~)l)()O 1'1 ~ :., " ~: :'". :. :~~ :- ~ ~ <~ ~.: ~ DEe R EEl N A iff ~ o I V 0 R C E it (0 ~ ?o fJ IV \:~ ~ 6 19 99 ,it is ordered and : AND NOW, decreed that Karen D. Lytle and Sani D. Lytle are divorced from the bonds of matrimony. plaintiff, defendant, The court retains jurisdiclion of the following claims which have been raised of record in this action for which a final order has not yet been en tered: The Separation Agreanent dated April 29, 1999 bet'M2en the parties is hereby incorporated but not merged. ~ ~ ~' /i ~; :;' , . .?p;. ...:. .:.;. .:.:- p. Pl'fllhollotal"V :~ ~; ~ ,~ ~: I... ~ ~ :..; ~ :~ :~ ~ ,), ~ '~ ~ .~~ :..: .~..~..~:..~..~..~..:.:-.~:-~-~~.~..~:.~.,~.x.,~..~.*.~~. ~ - , ' 14: 7 ~/:,.. t../>1 1/;/" ,'/ /'. I...-Y1._/ . ,.' /,"1t~.~. /~:,'-"~L:;-" ,J:'~/ ,/ -# // (~.' ~4 .. "~":; '/ t- ,-.' r:~~ /\JA:'(:J7 {.... {/';'/.:'wIP" ': l. ' tI.; .,.. I' " , ' I . l ~ ,:!t ~, I I I ~,', Ii" '1:, )"I(rl.' (', T SEPARATION AGREEMENT THIS AGREEMENT made this (J q'1L day of --An,,,,,,-~l , " , " 1999, by and between SAMI W. LYTLE, of 7 East Coover street, Mechanicsburg, Cumberland County, Pennsylvania, hereinafter for the ~, r purpose of brevity referred to as "Husband", and KAREN D. LYTLE, of Lindham County, Mechanicsburg, Court, Cumberland 509 Pennsylvania, hereinafter for the purpose of brevity referred to as tlWife", WITNESSETH: WHEREAS, the parties hereto are husband and wife, having been lawfully joined in marriage on september 30, 1989, and diverse unhappy differences, disputes, misunderstandings and difficulties have arisen between the parties, as a result of which they are r! ( , h, , ' living separate and apart; and , ' WHEREAS, wife has instituted an action for divorce in the . \ Court of Common Pleas of Cumberland County; and WHEREAS, it is the desire of the parties, after long and careful consideration, to amicably, adjust, compromise and settle all property rights and all rights in, to or against each other's property or estate, including property heretofore or subsequently , ~ acquired by either party, and to settle all disputes existing between them, including any and all claims for Wife's and/or i.i ~, I. Husband's maintenance and/or for support, alimony counsel fees, and costs. i, NOW, THEREFORE, in consideration of the several mutual promises and/or covenants and/or agreements her€inafter contained, 1 ....' ....'" each of the parties hereto, intending to be legally bound hereby, promises, covenants and agrees as follows: FIRST: DIVORCE The parties hereto further agree that the marriage is irretrievably broken, and that they mutually consent to a divorce and agree to execute all necessary affidavits required by the Court at the appropriate times, This Agreement shall remain in full force and effect regardless of any change in the marital status of the parties. It is warranted, covenanted, and represented by Husband and Wife, each to the other, that this Agreement is lawful and enforceable and this warranty, covenant and representation is made for the specific purpose of inducing Husband and Wife to execute the Agreement. Husband and Wife each knowingly and understandingly 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 Wife each does hereby warrant, covenant and agree that, in any possible event, he and she is and shall forever be estopped from asserting any illegality or unenforceability as to all or any part of this Agreement. SECOND: RELEASES (AI Except as provided for in this Agreement, Husband and Wife each hereby forever releases, remises, discharges and quitclaims the other and the estate of the other, for all time to 2 corne and for all purposes whatsoever, from any action of any nature whatsoever in law or in equity. (8) Each of the parties specifically covenants and agrees and warrants and represents that the execution of thls Agreement and its terms and provisions are accepted by them as including, inter alia, full and complete payment by the other for any and all past, present or future obligations for support, care, education, maintenance, and property rights of the other, and each further covenants, warrants, represents and agrees that no action will be instituted by them (or claim of any kind be made) for their support, or for any claim for property or rights other than as set forth in this Agreement, directly or indirectly, against the other, in any court or any jurisdiction whatsoever. The parties hereto recognize, acknowledge and agree that each of them hereafter shall not have and does not have any rights or claims for support, care a~ maintenance or for any rights or claims of property because the provisions herein in the nature of a post-nuptial agreement are fair and reasonable and the property distributions herein are fair and reasonable, and Wife acknowledges that the property conveyed to her is a fair and substantial portion of and division of Husband's assets and Wife's rights to equitable distribution of property, and Husband acknowledges that property allocated to him is fair and a substantial portion of and division of the assets of the parties and Husband's rights to equitable distribution of property. 3 , i THIRD: RELEASE OF TESTAMENTARY CLAIMS Except as provided f0r in this Agreement, each of the parties hereto shall have the right to dispose of his or her property by Last Will and Testament or otherwise, and each of them agrees that the estate of the other, whether real, personal or mixed, shall be and belong to the person or persons who would have become entitled thereto as if the decedent had been the last to die. This provision is intended to constitute a mutual waiver by the parties of any rights to take against each other's last Wills under the present or future laws of any jurisdiction whatsoever, and is intended to confer third party beneficiary rights upon the other heirs and beneficiaries of each. Either party may, however, make such provision for the other as he or she may desire in and by his or her Last Will and Testament; and each of the parties further covenants and agrees that he or she will permit any will of the other to be probated and allow administration upon his or her personal, real or mixed estate and effects to be taken out by the person or persons who would have been entitled to do so had Husband or Wife died during the lifetime of the other; and that neither Husband nor Wife will claim against or contest the will and the estate of the other. Each of the parties hereby releases, relinquishes and waives any and all rights to act as executor or executrix or administrator or administratrix of the other party's estate. Each of the parties hereto further covenants and agrees for himself and herself and his and her heirs, executors, administrators and assigns, that he or she will never at any time 4 hereafter sue the other party of his or her heirs, executors, ad~inistrators or assigns, for the purpose of enforcing any of the rights relinquished under this paragraph. FOURTH: LEGAL ADVICE The provisions of this Agreement and their legal effect have been fully explained to the parties by their respective counsel. The Husband has employed and had the benefit of counsel of Timothy J. O'Connell, Esquire, as his attorney. The Wife has had the benefit of counsel of Johnna J. Deily, Esquire. Each party acknowledges that he or she fully understands the fact7 ~nd fully understands his or her legal rights and obligations and each party acknowledges and accepts 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 the Agreement is not the result of any duress or undue influence and that it is not the resul t of any collusion or improper or illegal agreement or agreements. The respective 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 cognizant of the wealth, real and/or personal property, estate and assets, earnings and income of the other and that each has made a full and complete disclosure to the other of his and her entire assets and liabilities and any further enumeration or statement thereof in this Agreement is hereby specifically waived, and the parties do 5 not ...ish to make or append hereto any further enumeration or statement. Each of the parties hereto further covenants "nd further agrees for himself and herself Clnd her heirs, executors, administrators and assigns, thClt he or she will never at anytime hereafter sue the other party or his or her heirs, executors, administrators or assigns, in any action or contention, direct or indirect, that there was any absence or lack of full disclosure or that there was any absence or lack of full, proper and independent representation. FIFTH: SEPARATION AND NON-MOLESTATION AGREEMENT It shall be lawful for Husband and Wife 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 authority, control, restraint or interference, direct or indirect, by each other. Each party agrees that he or she will not molest or harass the other, or compel or endeavor to compel the other to cohabit or dwell with him or her by any legal or other proceedings. Each may have for her or his separate use and benefit the right to conduct, carryon or engage in any business, profession or occupation. Neither of the parties shall, in any way whatsoever, interfere with the other's employment or occupation. The parties are free to mutually and voluntarily make any efforts at reconciliation as he, she or they shall deem proper. The foregoing provision, however, shall not be taken to be an admission on the part of either Husband or Wife of the lawfulness 6 or unlawfulness of th~ causes leading to their living apart, and shall not be taken to be Cln Cldmission on the pClrt of either Husband or Wife as to whether either party committed desertion and continues in such desertion, and nothing contained in this Agreement is to be deemed to justify such continued desertion. It is specifically intended and understood and agreed by and between the parties hereto that each is to be enable to live not only separate and apart from each other, but is also to be free to act as if he or she were unmarried so far as any other persons are concerned and each covenants and agrees not to harass or embarrass the other or any other person who either party may hereafter see socially. Each of the parties hereto covenants and agrees that neither will deny or endeavor to abridge any right of support or maintenance 'which the other might have because of any alleged , ,. conduct with regard to any third persons; provided, however, that :' , the parties hereto recognize that it is intended that this Agreement shall and does supersede any and all rights or claims to support. Each of the parties hereto covenants and agrees that he and she will not charge the other with adultery in any action of any nature whatsoever, directly or indirectly, or whether involving the parties or third persons. SIXTH: DEBTS All debts, contracts, obligations or liabilities incurred at any time in the past or future by either of the parties will be . paid promptly by said party, unless and except as otherwise 7 I.., r h specifically set forth in thin Agreement; and cactl 01" the pilrtics hereto further promises, CQvcnantn and agrees that each will now and at all times hereafter sClve hClrmless and keep the other or his or her estate indemnifi12d Clnd sClved harmless from <111 debts or liabilities incurred by him or her, CIS the case may be, and from all actions, claims and demClnds whatsoever with respect thereto, and from all costs, legal or otherwise, and counsel fees whatsoever appertaining to such actions, claims and demands. Neither party shall, after the date of this Asreement, contract or incur any debt or liability for which the other or hi~ Q~ her property might be responsible, and shall indemnify an~ save harmless the other from any and all claims or demands made against her or him by reason of debts or obligations incurred by her or him and from all costs, legal costs and counsel fees unless provided to the contrary herein. Husband agrees to assume and hold Wife harmless for all debt incurred prior to the parties I separation on November 14, 1997. This would include specifically any outstanding balance owed to PFCU Thrifty, Sears, UGI, city utilities and any state or federal tax obligation. SEVENTH: EOUITABLE DISTRIBUTION (A) Real Estate - 7 East Coover Street, Mechanicsburg. Wife agrees to transfer all of her right, title and interest in the marital domicile located at 7 East Coover Street, Mechanicsburg, to Husband, said transfer shall be subject to the mortgages thereon 8 in favor of PHH Mortgage Services and Mellon Bank, both of which Husband specifically agrees to assume. Husband agrees to indemnify and hold Wife harmless from any claim, debt or obligiltion arising from ownership of said property. Husband will make best efforts to have Wife's name removed from the two mortgage obligations if this can be one without expense to Husband. (8) Husband's Pension. wife agrees to release any and all claims she may have to Husband's deferred contribution retirement plan with st. Stephens Church as well as Husband's military pension currently in pay status. (C) Automobiles. Husband agrees to and does hereby sell, set over, transfer and assign all of his right, title and interest in the 1993 Saturn to Wife, releasing and relinquishing all claims to said automobile. Wife agrees to indemnify and hold Husband harmless from any loan, debt, claim or other obligation arising out of the ownership of said vehicle. (D) Personal Property. Wife agrees to set over, transfer and assign all her right, title and interest in the personal property currently located at 7 East Coover Street, Mechanicsburg, to Husband. EIGHTH: ALIMONY. SUPPORT AND COUNSEL FEES Husband agrees to pay alimony to Wife, on the first day of each month, for a period of thirty seven (37) months, beginning May 1, 1999, as follows: $200.00 per month for 12 months; $300.00 per month for 24 months; $400.00 per month for 1 month. 9 !' '. NINTH: CONFIRMATORY DOCUMENTS Husband and Wife covenant and agree that they will forthwith (and within at least fifteen [15] days after demand therefor) execute any and all wr i tten instruments, assignments, releases, satisfactions, deeds, notes or such other 'writings as may be necessary or desirable for the property effectuation of this TENTH: AGREEMENT TO CONTINUE IN EVENT OF DIVORCE Agreement. The parties will further deliver to each other whatever personal papers, documents, or writings that each now possess which are the property of the other. This Agreement shall remain in full force and effect unless and until it is terminated either by mutual written consent of both parties, or to the extent it is appropriately terminated by the death of either party under the terms of this Agreement. The failure of either party to insist upon strict performance of any of the provis.i. ons of this Agreement shall not be construed as a waiver of any subsequent default of the same or similar nature. In the event that the marriage of the parties hereto is terminated by divorce, this Agreement shall nevertheless remain in full force and effect, and shall survive such decree and shall not in any way be affected thereby, except as provided herein. ,It " ELEVENTH: AGREEMENT BINDING ON HEIRS \.- I I. The terms, provisions and conditions of this Agreement shall be binding upon any and all of their heirs, executors, i' 10 " " .\. administrators, SlJCC0S~Or~ ~nd ~s3igns of either at the respective parties hereto, except d5 otherwise herein provided. TW~~J_~~: APPLICABLE LAW This Agreement shall be construed under the Laws of the Commonwealth of Pennsylvania. THIRTEENTH: PRIOR AGREEMENTS It is understood and agreed that any and all property settlement agreements which mayor have been executed prior to the date and time of this Agreement are null and void and of no effect. FOURTEENTH: VOID CLAUSES If any term, c~ndition, clause or provision of this Agreement shall be determined or declared to be void or invalid in law or otherwise, then only that term, condition, clause or provision shall be stricken from this Agreement and in all respects this Agreement shall be valid and continue in full force, effect and operation. No provision of this Agreement shall be interpreted for or against any party because that party or that party's representative drafted this Agreement in whole or in part. FIFTEENTH: ENFORCEMENT (A) It is expressly understood and agreed by and between the parties hereto that this Agreement may be specifically enforced by Husband or wife in a court of equity, and the parties hereto agree 11 that if an action to "nton',' thi,; '\qrecment is t:rouqht in equity by either pClrty, tlll' otlll'r polrty will ",ake no objection en the alleged ground of l"ck at Jurisdiction of solid court on the ground that there is an ~dcquatc r0medy of Idw. '!'hc parties do not intend or purport hereby to improperly confer jurisdiction on a court in equity by their agreement, but they agree as provided herein for the forum of equity in l:1utuClI recognition of the present state of the law, and in recognition of the general jurisdiction of courts in equity over agreements such as this one. (8) Notwithstanding anything to the contrary herein, Wife or Husband may also proceed with an action at law for redress of any of his or her rights under the terms of this Agreement. In the event that for any reason ...hatsoever, either ;)arty is obliged to proceed at law for redress of his or her rights under the terms of this Agreement, then it is specifically understood and agreed that for and in specific consideration of the other provisions and covenants of this Agreement, each shall waive any right to jury trial so as to expedite the hearing and disposition of such case and so as to avoid delay. (C) It is specifically understood and agreed by the parties that in the event of a default under the terms of this Agreement, the non-defaulting party shall have the right to file a petition for contempt and request such relief and remedies as authorized by law of the court. (D) Each party further hereby agrees to pay and to save and hold harmless the other party from any and all attorney's fees, 12 C05t5 llnd legal cxpen~)cs ~hat either may sustain, or incur or become 1 iable or answerable for, in any way whatsoever, or shall pay upon, or in consequence of, any default or breach by the other of any of the terms or provisions of this Agreement by reason of which either party shall or shall be obliged to retain or engage counsel to initiate or maintain or defend proceedings against the other at law or equity or both or in any way whatsoever; provided that the party who seeks to recover such attorney's fees, costs, and legal expenses and expenses must first be successful in whole or in part, before there would be any liability for attorney fees. (E) All remedies provided by law and all remedies provided for in this Agreement for enforcement of this Agreement shall be deemed to be cumulative and the exercise of one remedy shall not bar or prevent the pursuit of any other remedy and either party may elect to pursue such remedies simultaneously and the exercise of a remedy one or more times shall not exhaust its use or prevent further pursuit of such remedy. (F) This agreement shall not be deemed to merge into the decree of divorce. IN WITNESS WHEREOF, and intending to be legally bound hereby, the parties hereto have hereunto set their hands and seals the day and year first above written. witness: ~ ?1#- ISami W. 'Ie -/ . . /,'., .-::'. _./ . ;, . t..... -,. (SEAL) (SEAL) :~ , , I y~~CL-f /. f ,. ./ / .....'- Karen D. Lytle I I I ~ . , I\..\!\F~~ 1', :.'1":':.1-: ::; Till': ('OlIHT Ufo' {'()M~(}lJ IJI.I':^~; OF "llr'1HI':I!I,MlIJ ('()IIN'J"(. l'I.:rm:;'(I.VMJIA I'! d Iii' , ! , v. r{i (.( , . i\ 11'\ n 1, ');l ,;AMI \'1. I.Y'J'I.!':. I)! J f 1":( L II : ~ I:J IJIVO!H'F rJ()J)..<:J.:; You have' 1)(-'('11 ::\jI'r! 111 ClO>t1l't, If you winil to d(.jl:.tld aqainst the claims f;et forth III Ill" follo'Ninq pa~Je!). you lTllltH t',lk{~ pt-ompt action. You ar(' Wdrllf'd t fldt i j you fa.il Lo do ~;O, t IIp caue lllay proceed without you "'HI " d"cl<.'(e of divorce or iJllllulment may be entered against you by tl1" Court. A judgment may "Iso be entered against you for any oLIi',r cl"im or relief requested in these papers by the Pl.,inl j f f. y"" may lose money or property or otller rights important to YOII, Illcluding custody or visitation of your children. When the ground fa" the divorce is indignities or irretrievable breakdo',," of the marriage, you may request marriage counseling. A list of marriage counselors is available in the Office of the Prothonotary at the Cumberland County Court House, Carlisle, Pennsylvania. I ! I; !I IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY, 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 Bar Association 2 Liberty Avenue Carlisle, PA 17013 (7l7) 249-3166 / // ,-----/ ,,-' ",,-- Johnna -cr. Dei~y, Esquire Attorney for Plaintiff I ~ II ~ ,I ! 1 , '.'~-~~.l":."" '~,'~' '~:'~'. :.. ":"'~,~'~,-,' :' " "(.';'~..'~" , JI':, ' ',: '. ',','...,'" ~ I VAl/Hi I'. IYIII . PI.dlltl ii IN TilE COURT OF COMMON PLEAS OF ,'I'~.:Ii'-:1iJ ./\N11 COUNTY, PENNSYLVANIA v. NO. 'Hl. I ::NlI ~'J. I.Y'l'I.l Oofondant IN DIVORCE AFFIDAVIT I. f<:dll'fl P. l.ylII' being duly sworn 01"'" 1/ oj 1 11' 1 !, I J.IW, d'~pose ilnd say; 'II h"v,' b.een Cldvised of the availability of marriage , ""'lfl:J" i J 1:," ,md und.,rstClnd that r may request that the court I "'j'"I" , hd' lilY Spouse and r participate in counselling. I.: I I und,,,'stand that the court maintains a I ist of III, II I 1.1' I" "l)un~je lors in the Prot honotary I s Of f ice I which 1 ist is .I'I,lll.ILI,' I>) lTllc3 upon request. (J) l3.e ing so advised, r do not request that the court r"qui'-'e that my spouse and I participate in counselling prior , tu ,J d i VOlTe decree being handed down by the court. understand that false statements herein are made subject ;' to the pen..lties of 18 Pa. C.S. Section 4904 relating to tlnSworn falsification to authorities. 1),"1 L f~ : / I. // ,. / ,/ 1/ / ~..' ~y / I ) ./' ;Vi .1 - .-6 Karen D. Lytle, " /. ' c~,YL- , Plaintiff So\lJIlS, GlJJIlO, SlIlJ......& MASUNII 26W 11l~hSllrrl C"lulc,l'^ ~ ;! , I I. , 'e " ! VERIFICATION I verify that the statements made in this Cnnplilint 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. I /;~(/Ib ~ ,%I-/{.l.. Karen D. Lytle, Plal/tiff Dated: /( //'1/'1 ;{/ I I ,. ,. CEIHIFI"1l ('(ll'V LAW ()FrIrp_~ ShIDlS, GUIDO, snUFF & MASI.AND 16 W. HIOB STRHF.T 21CW MARKt:r STREET CARUSLf.,f;'170Il' CAMI'IfIIJ..I'A 17011 PItONE(711) 24).6222 I'IIONE (711) 731.340:' -....-..---... n II " SAlOIS, SHUFF & MASLAND ATIORNEYS'AT-LAW 26 W.lligh Street Carlisle, PA r ',''1''; .1::' ., ." :';1'.;',:-" ..; il I, : : I \r,~ : '.'{'I'Ll-:, ! ,'1"!. 1.11,' !I' I"~ :i. :.' 1'''';'0; ',':.:;. j' urn,',' SEr.''fnlfl :'. : [ '':1 !d' t.~ j!< 'f'!< 1< ~ I: j I '!-::' ()V'j;Hl< [J: 'i()!,,::1-: ,'.:Jti!.; Ii II II i ~ Ii I: II i rret_~r It::vd['! 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I:,; ,f t'.hE~' f i ~~~d VJLt:L t~.e :;~l' r ,:.(-: I ',II.~ I I:rt ;jl,' 1 :,,' ~~ C' : j t ill"1 Jers Land r:h'l r. deCt'ef': i:::; entered by tilf' ( be sent tc' nle immecliatelj Pro thfJnotary. t :. r vprifj th(I~_ the :::tatPrftenr,s ruade it: tLis a[fid;l-.Ji!~ ,jrp trup- and cCJrrE.:ct. I u:lI.ier tane! thclt (;::t1se stCit.r-:ments hf::'r<-.'in drF-; macie subject La the penaIt es ~t 18 Pcl. 1:.5. sectio~ 4f~04 relatinq to uns\"ror.-n thIs.if cation ,:C ,-"Hlthcrities. -,-rc L' I "'9 Ur'_J.L--'--" ____~"_~-L~_LI--- ______L{c.<C"--c,~ . _ /-<07_.,{t~~ -.- l\Cir<-:-'n ji. ::..~,tJp .I 'r "I ,',' ~ l ~ :." .' ,. ,. ", c.-" 1-.) ~"::<-~;:'l:<t.,.",.,.~,~,,...,,~..._._,___.,._____o>_,,'_________'~____'_'___"""_.,~.",..._,~....,~~~...."............_~.~~____.__________