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HomeMy WebLinkAbout99-00006 " " ..... '" .... ,- . ~ 'i " " ~ .t, ~.. '" J ~\ .~ \ 1 " / ,,!, ~ 8 ~ ~ ~ ,:, ., , 8 . L-.::-.<<:' ,>>:: ':i:,~.., r:l P,.i ~ i ~ ~ (' ~ ~ 8 8 ~ JI4 . I, , ... ... .:c. ... .:+:. -:.:. 't>;. .:c. .~. .:<<. '.. .tt:. .:.:. <+:. .:.:' .:+:. <.:. .:+:. .:+:. .:.:. :- ,:<<,~'.:~:>.n..,..-'.., .:co ':c' .acC4e\':;t ~I'-~~- ,~- .~~, ,~"'n, "~" ,.,... "v,,' ""~,~," , ,c, vC' ,.., c_, ~ -''''A~'~--~--'~l. ~l II 81 IN THE COURT OF COMMON PLEAS . * * ~ OF CUMBERLAND COUNTY 8 M ' ~ ~ ~ ~ ~ : STATE OF ~(~ ',;~J PENNA. ~ ~ DENNIS M. WENTLING ~ II I, N ()'..~.....'....'n.."",..,.."" 1999 $ '" ., s ,:, ., " P,i PLAINTIFF il !I JEAN C .WENTLI~(i""IS ~.~ ~ . ~ ~ !~. ~ ~ ~ ~ ~ f"( ~ l; ~ ~;, ~ ,', ~ ,', ~ ~ r:l ., DE~'ENDANT , I I' :i ;;; P,i " P,i DECREE IN DIVORCE AND NOW,..,,,, A.p,~J ,\ lQ",.,." 191'1"" it is ordered and decreed lhat .",.", De.n~is. .M~, We,~tli.nQ , , , , , , , " , , , , ., , , , " plaintiff, and, """ ,J?a,n, c,'"We;~tl,in9", . "". " "''''''''''''', ", defendant, are divorced from the bonds of matrimony, w ..' The court retains jurisdiction of the following claims which have been raised of record in this action for which a finol order has not yet been entered; ,', ~ $ The Marital Property and Settlement Agreement dated February i, ~ w ~.~ ... ~ ,...,., """"'" ....,."" ,.".",.,.",..,..'" r 22, 1999 is hereby incorpora ted ,int?, this. ,De;c~,e,e; , in, pi ':'?,~ce ~, , "."",.. ,.",.., ""..",.... ,'. ~ ~ ',' ,', ~ l, ~ J, ~ ,', ~ ~ ',' .:+:. ':.:. .:.> .:+:. .:.:. -:+;. ,', ~ )W, <.:. -:.:. -:+:. .:.:. lr. 01 ~ i!! tr; f,,;: .. t-,.. (') O'l "..) '1; 1).1 "~j () !;,'!':; :r: ('j ~L 'Ie "';,f. " .1,,. C',~;:.i ()('I '~)J" . /". . if) U_i{"' I cds; If!~_'__, "'~ · "fi) f.~ fj. "1.l.. "<( ";;'i~; - ~ c" .:::. (1\ (,) . . Ii " . . t '" ... " ~ 0", , HARll.~P,R()PEiM'X,...AHD_U,TTJdK.l1iT...AGRUIWi~ THIS AGREEMENT, made this 22nd day of February 1999, by. and between Jean Capps Wentling, party of the first part, hereinafter referred to as "Wife", and Dennis Michael W\3ntling, party of the second part, hereinafter referred to as "Husband". WITNESSETH: WHEREAS, the parties hereto are husband and wife, having been married on January 2, 1988; and WHEREAS, certain differences have arisen by and between the parties as a result of which they have now separated and the parties hereto are desirous of settling fully and finally their respec,tive financial and property rights and obligations as between each other including, without limitation by specification: the settling of all matters between them relating to the ()w~lership and equitable distribution of real and personal property; t,~le settling of all matters between them rela'ting to the past, present and future support, alimony and/or maintenance of Wife by Husband or of Husband by Wife; and in general, the settling of any and all claims and possible claims by one against the other or against their respective estates. 01 ~ f\. .: WHEREAS, the parties being fully advised as to their respective rights, duti0s and obl;i.gations growinq out of their marital status, particularly with respect to the relevant sections of the Divorce Code, Act of April 2, 1980, P.I.. 63, Act No. 26, ilJl gmgndeQ.." 23 P.S. 3101 !tt_~,~g!. and being fully aware of their right to consult with or having consulted with their respective legal counselor advi.sors, Andrew C. Sheely, Esquire, Attorney for Wife, and Michael S. Travis, Esquire, Attorney for H\\sband, and havin~ had the opportunity and ability to request a full and complete disclosure of income and assets from the other, and reviewing this Agreement, have come to an agreement as to each and all of the~r said matters of property and relations; and WHEREAS, Husband has filed a No-fault Complaint in Divorce, said Complaint bei.ng docketed in the Cumberland County Prothonotary's Office at 99 - 6. NOW, THEREFORE, in consideration of the above recitals and the mutual covenants hereinafter set forth, each of the pal"ties hereto intending to be legally bound hereby by affixing their hands and seals agree as followsl 1. Al21lICIk_QfCQ1!N1?EL Husband and wife acknowledge that they have been given the opportunity to obtain the advi'Je of counsel regarding the provisions of this Agreement and their legal effect in advance of 2 " 9 ('"'\, .' the date set forth above to permit such independent review. Each paI'ty aCllmowledges t.hat he or she has had the opportuni-ty to receive independent legal adv.lce from counsel fronl his or her llelection, and that each fully understands the facts and has been fully informed as to his or her legal rights and obligations, and each party acknowledges and accepts that th is Agreement is, and the c.lrcumstancHs, fair and equitable, after having the opportunity to receive such advice and with such knowledge, and that execution of this Agreement is not the HlSUlt of any improper or illegal agreement or agreements. In addition, each party hereto acknowledges that he or she has had the opport.unity to be fully advised by- his or her respective attorney of the impact of the Pennsylvania Divorce Code, whereby the court has the right and duty to determine all marital rights of the parties including divorce, alimony, alimony pendente lite, equitable distribution of all milrital property or property owned or possessed individually by the other, counsel fees and costs of litigation and, fully knowing the same and having the opportunity to be fully advised of his or her rights thereunder., each party hereto still desires to execute this Agreement, acknowledging that the terms and conditions set forth therein are fair, just and equitable to each of the parties, and waives his and her respective right to have tho Court of COlllmon Pleas of Cumberland County, or any other court 3 " (':1 '1' (', . of competent jurisdiction, make any determination or order efff.!cting the respective parties rights to a divorce, aLimony, aLimony pendent.e lJte, equitable distribution of all marital property, counsel fees and costs of litigation. 2 . I2EFARM'XQN It shall be lawful for each party at all -times hereafter to live separat.e and apat-t from each ot.her in such place or places as he or she may from time to time choose or deem fit.. 3 . INTEJi!':E1UHiCE Each party shall be free from interference, authority and control, direct. o,r indirect, by t.he other as fully as if he or she wet'e single and unmar,ried. Neither shall molest the other or compel or endeavor to compel the other to cohabit ate or dwell with him or her, or to in any way harass or malign the other. 4 . NMYl!:I\.0E..<:::LbJJ1S----AGAINST _Ii;WI'~TES Except as otherwise provided herein, Husband relinquishes his inchoate intestate right and his right to act as a personal representative in the estate of Wife, and Wife relinquishes her inchoate intestate right and her right to act as a personal representative in the estate of Husband. Each of the parties hereto by their presents, for himself or herself, his or her heirs, executors, administrators or assigns, does remise, release, quitclaim and forever discharge the other party hereto, 4 , cr' r,,< his or her heirs, executors, administrators or assigns or any of them, of any and all claims, demands, damages, actions, causes of actions, suits, at law or equity, of whatsoever kind or nature, for or' because of any matter or thing omitted or suffered to be done by said other< party prior to and including the date hereof, except that this release shall in no way exonerate or discharge either party hereto from the obligations and promises made and imposed by reason of this Agreement and shall in no way affect any cause of action in absolute divorce which either party may have against each other. 5 . MllliI':!'NLAl>IO __N.QN.':"MAR;I;'rllJ,,_12Rm)ER':!'X 'l'he parties hereto acknowledge that during their marriage they have acquired, individually or jOintly, various marital assets and the increased value of non-marital assets and property, inClUding the following: (A) Marital residence located at 7 Golf Course Road, Oillsburg, York County, Pennsylvania, with an appraised value of $167,500.00; and (B) Husband's 401 (k) savings plan with Fidelity in the approximate amount of $5,000.00; and (C) Wife's 401(k) savings plan with Keystone Financial in the approximate amoun't of $16,000.00; and (0) Husband's IRA with Harris Saving Bank in the 5 " r'=, ("""\ , approximate amount of $2,000.00; and (E) Wife's IRA with Franklin Templeton in the approximate amount of $6,000.00; and (F) 183 Shares of Keystone stock titled in the name of Jean C. Wentling with an approximate value of $6,500.00; and (G) Miscellaneous Ser'ies "E" Bonds titled in the name of Dennis C. Wentling or Jean C. Wentl.ing with an approximate value of $1,050.00; and (H) 1996 Buick Skylark ti:led in the name of \~ife with an estimated value of $9,000.00. (I) Loan on 1996 Buick Skylark in the name of Wife with an approximate pay-off of $'/,200.00; and (J) 1999 Ford Explorer (leased by Husband); and (K) Burial Crypts at Rolling Green Cemetery with an estimated value of $4,500,00; and (1.) Cherry Dining Room Set, including a cherry table, four (4) cherry chairs, two (2) captain chairs, a cherry buffet and two (2) piece cherry china closet with an estimated value of $3,000.00; and (M) Family Room Furniture, inclucHng a sofa, love seat and a recliner/rocker combination with an estimated value of $1,800.00; and (N) Miscellaneous personal property, inclUding 6 (' " ' Q (\ (' furniture, personal items, dishes, tools, jewelry, increase in value of non-marital property, equipment, coins and cash; and (0) Mortgage on madtal residence with Homeside Lending with an estimated payoff of $108,000.00; and (P) Home Equity Line of creditencumb~lri"ng marital residence with Harris Savings with an estimated payoff of $26,000.00. Husband and WHe acknowledge that they are aware of their respective rights pursuant to the Divorce Code of 1980, as amended, to obtain formal valuations or appraisals of the marital residence, any and all pensions, and o"ther. items Of marit.al property. However, the parties agree that they Idll not undertake this expense and acknowledge that no financial disclosures are attached to this agreement as separate exhibits or schedules. The parties hereby waive any necessity for completing or attaching any financial disclosure (S). Each party further acknowledges the opportunity to attach a full and complete financial disclosure and that such disclosure is not desired to effectuate a fair and equitable resolution of their marital rights, duties and obligations as provided in the Divorce Code of 1980, as amended. 6 . PER$OtiilcYd PROPER'.!''!' 7 , o r\ tf The parties hereto mutually agree that WHe shall be entitled to items (L) and (M) as set forth above in paragraph 5. Wife shall obtain thesEl items on or before March 4, 1999 and Husband shall make reasonable acconunoda.tions to allow Wife to pick-up the items from the marital residence. Further, -tile parties he.reto mutually agree that they have effected a satisfactory division of the furniture, household furnishings, appliances and other household personal property between them, and they mutually agree that each party shall from and after the date hereof be the sole and separate owner of all such tangible personal property presently in his or her possession, whether said property is heretofure owned jointly or individually by the parties hel"eto, and this Agreement shall. have the effect of an assignment or bill of sale from each party to the other for such property as may be in the individual possessions of each of the parties hereto. Husband and Wife agree that they have divided between themselves, to their mutual satisfaction, all. items of tangible and intangible marital propeI:ty. Neither party shall. make any claim to any such items of marital property, or of the separate personal property of either party. which are now in the possession and/or under the control of the other. From and after the date of the signing of this Agreement 8 ~ r'\ ~ both parties shall have complete freedom of dispoSition as to their separat,e property which is in their possession or control pursuant to this Agreement and may mortgag€', sell, grant, convey or otherwise encumber or dispose of such property, whether real or personal, whether such property was acquired before, during or after marriage, and neither Husband nor WHe need join in, consent to, or acknowledge any deed, mortgage, or other instrument of the other pertaining to such disposition of property. 7 . R!!:.M ESTATE Wife ,lgrees to transfer her right, title and interest in and to the parcel of jointly-owned real estate with improvements thereon situate at 7 Golf Course Road, Dillsburg, York County, Pennsylvania, to Husband and to sign all docllments necessary to effect said transfer of the title to the real estate to Husband's name individually. Husband further agrees to satisfy and save Wife harmless from any obligation which she may be liable as a result of the mortgage with Homeside Lending, or any successor thereto, and to the Home Equity Line of Credit with Harris Savings, as well as any other encumbrances presently constituting a lien the jointly-owned real estate, said mortgages and encumbrances being recorded in the York County Recorder of Deeds Office. Husband agrees that upon delivery of the deed to the jointly-owned real estate, he will 9 Pi1 "'''''''" ~ Thousand Dollars ($1,000.00) by cash or certified fundsl and b. On or before March 4, 1999, Husband shall pay Wife an addi.tional FJ ve 'l'housand Dollars ($5,001).00) by cash or certified funds, p,rov:lded that such funds are made available to Husband. Wife acknowledges that the source of such funds J.s from Husband's 401 (k) r:et.irement account and HUSband aqrees to undertake any and all reasonable efforts to provide such funds to Wife within the time fr:ames set forth above I and c. Both payments made in accordance with subsections (a) and (b) of this paragraph shall be considered payments to constitute a division on maritoal prope.rty and in no circumstances shall either payment be considered a payment of alimony, maintenance or other form of support. 9 . ~{J!Ul\.k._c:aW"''l.'S The parties agree that Wife shall be ent.itled to the burial crypts and that Husband shall execut.e any and all documents necessary to transfer (~xclusive owner'ship of the burial crypts to Wife. 10 . MQ'l.'OJUll!!!U GJ,jj:lLIINO ..'l.'RlIl,L,!,;R The parties hereto agree that Husband shall be entitled to have the sole and exclusive control, benefit, use and title of the 19'19 Ford Explorer, and t.hat Husband shall hold Wife harmless from any liabllity associated with the lease on such vehicle. The 11 ,<7' i-~', " parties hereto agree that Wife shall be entitled to have the sole and exclusive control, benefit, Ulll;1 and title of the 1996 Buick Skylark and that Wife shall hold Husband harmless from any HabiUty associated with t.he 1996 Bui(lk Skylark. ThIes t.o the motor vehicles shall be trans ferred within t.hirty (30) days from the date of this Agreement to the party rElceiving title in accordance with this Agreement, if necessary. 11 . MJ:_5G,!;;LI-,1'INI);QUS (A) The parties hereto acknowledge and agree that any and all savings and checking accounts, as well as nertificates of deposit, owned by them jointly or singly, have been divided to their mutual and individual satisfaction. Husband shall be entitled t.o exclusive possession of all Savings bonds (or proceeds thereof) as identified above in item 5 (G). WHe shall be entitled to exclusive possession of all stock titled in her name as identified in item 5 (F). (B) Neither party hereto shall make a claim upon the other for: accumulated pension, profit-sharing, retirement support, retirement benefits, insurance policies, IRA's, or any retirement-related benefits. wife specifically waives her: right to claim any portion of Hushand's 401 (k) Plan and his IRA as identified in Items 5 (B) and (D) above and Husband specifically waives his right to claim any portion of Wife's 401 (k) and her 12 i:'::l r",\t IRA as identified in Items 5 (e) and (E) above. Both parties shall assist with signing any documents necessary to waive their respeotive interests in these retirement-related benefits, if necessary. (C) The parties hereto acknowledge and agree that any and all life insurance policies owned by them jointly or singly have been divided to their mutual and individual satisfaction. Each party here'to acknowledges that they have in their sole possession those policy or policies of life insurance which they intend to keep and retain as their sole and exclusive property and, further, each party shall have the right to designate the beneficiaries of said policies. (D) The division of existing marital property is not, except as otherwise expressly provided herein, intended by the parties to constitute in any way, a sale or exchange of assets and the division is being affected without the introduction of outside funds or other property not constituting a part of the marital estate. As a part of an equitable division of the marital properties and the marital settlement herein contained, the parties hereto agree to save and hold each other harmless from all income taxes assessed against the other resulting from the division of the property as herein provided. (E) Each party represents and warrants to the other that 1 ~~ ,'"..... , r~~, he or she has not inmu-roC\ ilny debt., onllCjill.lon or other liability, other than t/IOHO IhlHor1bocl in Lhill Agrooment, .on which the other party i8 or may bo I 1i1blo. A 1 1I1b11 Hey not dlsclosed ln thls Agreement will bn tho Holo IOH[IOllll.tbllity of the party who has lncurred o.r: nlity Juno/IHIlI IIH~1I1 ii, illld HIWh party agrees to pay it as th~) Iwmo Hhilll IllllJOmll dllO, /wd to Indemnify and hold the other pat.ty and h1H 01 hOI 1" "1'01 ty h.'llinlollll I'r'om any and all such debts, ObU'jilUOIHl find II/lId IltlOfI. ([") 1~i1(Jh [1111 ty IOl"OllolltH il/ld Wilrrant.s to the other that they shall l'il(l ,1 Jo11lt 1110011I0 lilx rntllln fIll' tax year' 199B and separate incomo tilX H'L!lIl1fl thol (lnftor. InformatJon maintained by one party whio!l i8 IW()(IHHiIlY Lo Clomplote any Jncome tax return shall not be II II l'e IUlOlI 0'1 bl Y withhold U(lonthe request of either party. Any ilnd all Lax Ul[nnrlll pnyabIe to Husband and Wife for tax year 1998 shaLL be ondOl'Hod by f1uHband when received and all tax r.efund or procel,d8 Ilhnll bo dfllJvered to WHe as part, of the equitable distl:Jblltloll 01 lIIalltal iHlflets. Any and all tax payment due to the IRS 1'01.' tilX YOIII 1<)1)11 ShilU ho assumed equally by both of the parties, H applJollhl n. 12. DrH:I'l'S ew IllISIIANP AND WH'E As JdonUfi 00 ithllVO I IlllHhalld and WHe have incurred various mar.i.t,a1 , (joi Ill. Hlld HOpilriltO) rlflhts prior to separation. Present] Y, IIUHIJilno ,111d W 110 IOlllil j n 1ndfJbted to the following 14 ".., r~ " HUBbl.lI\d IIIH1 Wi "u 1110 IIWllnl of fllloh other I B inoomes and t.hat thuy haVII booll IIlHpllot:l VU I Y ildv hed ilnd arE! aware of the cont.enta of' thu prt)v.j.HioIlH of' tho Divorce COde, aB amended, in Pennsylvania, whllllJ III o()IIf11 dO'lltiol\!l arE! Bet 1'0rt.h in determin.ing all approp" i lito illll()Ullt, .I f nuy, t:o bo pl\Jd in the form of alimony. AHer bol.lIlJ fully IldViHllrl of tho cout.ents of the Divorce Code, as ilO1ondEld, hoth PiHU'11l V().lUlltilIIJy ilnd I.ntelligently waive. and reUnqul.llh illlY r Jqhl to Iloek from the other payment for support, Illl.mony Iwd mil tut,onIInCJo. 14. MV'l'Uflt, IUlf,f:AI.JF. SUbjHC)t to the prov.iBl.ons of this Agreement ,each party waives HI! 0'. her rl.<rht, to illimony and further distribution of property iualllllllOh as the parties hereto agree that this Agreement provides 1'01 1111 eqll.i.table diHt,ribution of their marital property in IIccordauoo wi th tho Divor:ce Code, as amended. Subject to the prov.is.ionH 01' t:hiu Agreement, each party has relE1ased and diuchiVgod IInd by this Agreement does for himself or herself, and his or tun he.iTs, legal representati.ves, executors, admini.strators and IIssJgns, release and dJscharge the other of and from all causes 01' action, claims, rights or demands whatsoever in law or equity, whioh either of tho parties ever had or now has against the otho[, except allY or all cause or causes of action for divorce 16 ""), ,..-, '-, ; or except in any or all causes of action for breach of any provisions of this Agreement. Each party also waives their right to request marital counseling pursuant to Section 3302 of the Divorce Code. 15. SJJBSEOlJER'l'_J;lLVOR.~!!; A decree in divorce entered by a court of competent jurisdiction to either party shall not suspend, supersede or affect the terms of this Agreement. Both parties agree, if requested, to enter a Consent Order or Orders concerning the provisions of this Agreement in the Court of Common Pleas of Cumberland County, Pennsylvania, or any other Court of competent juriSdiction, as a part of a resolution of any divorce action filed or to be filed. This Agreement, and the terms and conditions contained herein, as well as the enforcement of said terms and conditions, shall be contingent upon the granting of a Divorce Decree to either party by the Court of common Pleas of Cumberland County, Pennsylvania, or any other Court of competent jurisdiction. Furthermore, both partiE'ls her'eto agree, if requested, to execute the appropriate affidavits and consents to secure a No-fault Divorce as may be required by the Divorce Code, as amended. Both parties hereto agree that this Agreement may be incorporated into a separate Court Order' but shall not merge in such order. 17 7, ,~..- 16 . KNnR!LAGR.~El<I...EN'j,' This Agreement contains the entire understanding of the parties and there are no representations, warranties, covenants or undertakings other than those expressly set forth herein. Husband and Wife acknowledge and agree that the provisions of this Agreement with respect to the distribution and di.vision of marital and sepa,rate prope,rty are fair, equitable and satisfactory to them based on the length of their marriage and other relevant factors which have been taken into consideration by the parties. Both parties hereby accept the provisions of t.his Agreement with re'3pect to the division of property in lieu of and in full and final settlement and satisfaction of all claims and demands that they may now have or hereafter have against the other for equitable distribution of their property by any court of competent jurisdiction pursuant to Section 3502 of the Divorce Code or any amendments thereto. Husband and Wife each voluntarily and intelligently waive and relinquish any right to seek a court ordered determination and distribution of marital property, but nothing herein contained shall constitu'te a waiver by either party of any rights to seek the relief of any court for the purpose of enforcing the provisions of this Agreement. 17. y'QLUN,j;'A!n:'.JLlU';\;:!,!TIQ.t-! The provisions of this Agreement and their legal effect 18 C=JI have been fully explained to the parties by their respective counsel, and each party acknowledges that the Agreement is fair and equitable, that 1t 1s be1ng entered into voluntarily, with full knowledge of the assets of both parties, and that it: is not the result of any duress or undue influence. '1'he parties acknowledge that they have been furnished with all information relating to the financlal affalrs of the other whlch has been requested by each of them or by thelr respective counsel. 18. MlRLTIOt,lM, IN~TEQI1J;;R'r.S. Husband and Wife shall from time to Ume at the request of the other, execute, acknowledge and deliver to the other party any and all further lnstruments that may be reasonably requlred to give full force and effect to the conditions of this Agreement. 19. MOD..ifJCATIOR,1\..l!P WAIVER, Any modlfication or waiver of any of the provisions of thls Agreement shall be effective only if made lh writing and executed with the same formality as this Agreement. The failure of either party to lnslst upon strict performance of any of the provisions of this Agreement shall not be construed as a walver of any subsequent default of the same or similar nature. The waiver of any term, condition, clause or provision of thls Agreement shall in no way be deemed or construed as a waiver of any other term, condition, clause or provision of this Agreement. 19 ""'" ,C". . , ' 2 0 . .t!REACH If eUher party hereto breaches any provision of this Agreement, toe other party shall have the right, at his or her election, to sue for such breach, or seek other remedies or relief as may be available to him or her. Both parties agree and are aware that noncompliance with any provision of this Agreement permits either party to pursue appropriate legal remedies, including sanctions as set fortll in 23 Pa. C.S.A. S3105. Each party further hereby agrees to save and hold harmless the other party from any and all attorneys' fees, costs and legal expenses and expenses that either may sustain, or incur or become liable or answerable for, in any \~ay whatsoever, or shall pay upon, or in consequence of, any default or breach by the other of any of the terms or p.rovisions 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 attorneys' fees, costs and legal expenses and expenses must first be successful in whole or in part, before there \~o\lld be any liability for attorneys' fees, costs, legal expenses and expenses. It is the specific agreement and intent of the parties that a breaching or wrongdoing party shall bear the burden and obligation 20 , '. . 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