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HomeMy WebLinkAbout99-00106 i ' ~ I." ;\ ',t " ~, \.. o .., ~ Ll1 i, r t: I',' I!l ~ 8 ~ ~ . 8 " " $ $ ~ 8 @ .' . , . , . C".:.. -.. ~ " " .*:_~_:~:.~~ ~ ::~~e'~' _'~'.;l! ..~. :a,e., .~: .'~' .~:' :~'. ~:+~. "~:'. ',:.:' {~: ::+:':. ':c:::'~:':~\"~::-:~"~:-:~~~-:~~ ;. " " . : IN THE COURT OF COMMON PLEAS : " OF CUMBERLAND COUNTY . 8 * ~ " . . STATE OF ~'~'.'. PENNA, ~ .,. . ,,'1 . ~ S $ 8 DONALD ENSOR ,. ~ 'I ~ ~ d N (J,99.'7~~6., c~Y.~~....., 19 ".,' Ii ..... ~ w ... Vl']',SlIS ~.~ ~ 8 . M f~ SHARON ENSOR :1 ~ " " ~i $ Ii AND NOW, DECREE IN : I V O~ C E it. (( : 30 }}A..l ..,....",. ,~. ,2,QOO, It is ordered and ~ ~ ~ .. decreed that, .". .1'iI.fj,,LP .I!l~~,()~......",.... .,"",.,.,..,., plaintiff, Clnd . . . . , ,. . . , , SllARON .ENSPR . . , , , . . . , . . , ' . . . . . . , . , , , , . . . . , ., defendant, are divorced from the bonds of motrimony. <, , W 0:> The court retains jurisdiction of the following claims which have been raised of record In this action for which a final order has not yet beon entered; AND IT IS FURTHER ORDERED, that the terms, conditions and coy~.n~':Its. .set .forth. .i~l. t.he. wr,~ tten,Prop~n-Y. ,SIjl~P,~I)\~fl,t; .A.g,r,~IjlI)l~rt made and entered into by the parties on July 25, 2000, are incor.pora,ted. into. thiil Decree .by. r.eference. ,there,to,. but, not ,mecged into th e reo, " " ~' '.' ... ~ * ',' ~ ... I: ... i~ i~ P. .1. ~ Prothollolnry ~ ',' * J~ -'~'~'~'*'.'*~"~'.'~"~'~~'~"~"~'~'~'~'~'~'~' THIS AGREEMENT, dated thc 2s!.A. day of~J~ ':L_._, 2000, by Imd between DONALD ENSOR, of 316 Sccond Strcet, West lIairview, Counl.y, Pennsylvania (hereinafter, the "Husband") and SIIARON ENSOR, of 488 Lancastcr ^ venue, Enola, Cumberland County, Pennsylvania (hcreinaftcr, the "Wife"), who agree as follows: WITN ESS I<:T H: WHEREAS, lIusband and Wife entercd into a marriage on or about December 9,1972, in Cumberlllnd County, Pennsylvania; WHEREAS, differences havc arisen between Husband and Wife in consequence of which they desire to live scparate and apart from each other; WHEREAS, Husband filcd a Complaint for Divorcc on or about January 7, t 999, which is docketed in the Court of Common Pleas for Cumberland County, Pennsylvania at No, 99- t 06 (Civil Term); and WHEREAS, Husband and Wifc dcsire by means of the within Agreement to settle and detcrmine all of their rights and obligations to one another under the Divorce Code of t 980, as amended, NOW THEREFORE, in considcration of the promiscs and covenants contained herein, and intending to be leglllly bound, it is agreed by and between the parties hereto that: I. Separation, It shall be lawfill for each party at all times hcreafter to live separate and apart from cach othcr at such placc as he or she from timc to timc shall choose or deem fit. They shall be free fl'Ol11 any interferenl'c, direct or indircct, by the othcl' in all respects liS fully as Page 1 of9 irthey were unmarried, They shall not huruss, disturb or malign cuch other or the respective families of cuch other. The forcgoing provision sholl not be token us nn admission on the part of either pnrty of the lawfulness or unlawfulncss of the causes leudinB to thcir living apart, 2. Ent"' as Part of Dctl'ee,An action seeking the dissolution of the marriage is pending in n eourt of competent jurisdiction, The parties hereby agree to execute the Affidavits of Consent for divowc and Waivcrs of Noticc oflntention to Request Entry ofa Divorce Decree at the earliest possiblc dute, Thc partics ncknowledge thc availability of counseling and both parties have wnived their right to couns::ling, It i!1 the intention of the pal1ies that this Agreement shall survive lIny action tor divorce which may be instituted or prosecuted by either party and no order, judgment or decree or divorce, temporary, final or permanent, shall affect 01' mo~lify the financial terms of this Agreemcnt, This Agreement shall be incorporated, but not merged, in any final Decree in Divorce, 3. Mutual Release. Except, and only except, for all rights, agreements and obligations of what so eveI' nature arising under or which may arise under this Agreement or for the breach ofllny part oflhis Agrcement, Husband and Wife each do hereby mutually remise, releasc, quitclaim, and forever discharge the other and the CSlate of the other, for all time to come, and for all purposcs whatsoever, of and from any and all rights, title and interest, or claim in or against the properly of the other or against the estate of the other, of whatever nature and wheresoever situale, which he or she now has or at any til11c hereatler may have against the other, the estate of thc other or uny party thercof, Except, and only except, for all rights, agreements lInd obliglltions of whatsocver nature arising under or which may arise under this Agreement or Page 2 01'9 for the breach of lIny pari of this Agrecmcnt, it is the intention of Husband and Wile to give to each other by the execution of this Agreement u full, completc and general release with respeclto lIny and ull property of any kind or naturc, whether relll, personal 01' mixed, which the othcr now owns or may hereafter acquire, 4. lV..J!.by of Claims under the Diville Code of 1980, as Ilmended.JndlUtina. but not limited to.J;~.for Sp.llusal Sup-port, Allmo..nr...M.L...Aitl.lrney's Fe~. Each party absolutely and unconditionally releases the other and the estatc of the other from any and all rights and obligations which cither may have for past, present, and/or future obligations arising under the Divorce Code of ) 980, as amcnded, including, but not limited to claims for support for himself or herself, spousal support, alimony pendente lite, lemporary and/or permanent alimony, counsel fees or expenses fromthc other party, 5. Warranlv of Dlsclosur~. Husband and Wife each represent and warrant to the other that he or she has madc a full and eomplcte disclosure to the other of all assets of any nature whatsoever in which such party of cvery type whatsoevcr and all other facts relating to the subject matter of this Agreemcnt. The parties waive their respcctive rights under the Divorce Codc of 1980, as amended, to ootuin formal valuations and appl'llisals and to cngage in formal discovery to identify and value all property owncd individually or jointly by a party, Each party has had ample opportunity to review the financial condition of the other and each party agrecs not to challenge the instant Agrcemcnt hascd on an allcgation of lack of sufficient disclosure of assets, debts or income. 6. Dutv of COOplll'lltlon, Thc parties shall mutually coopcrate with caeh other in Page 3 01'9 order to enrry through thc tcrms of this Agreement, Within ten (10) days nfter dcmand therefore, thc fI party shall execute nnd dcliver to the othcr llny dceds, hills of snlc, nssignrncnt, consents to changc of bcneficiary on insurance policics, tax returns and other docunwnts and do or cause to be done in any othcr flct or thing that may bc ncccssary or dC!iirable to the provisions and purposes of this Agrccmcnl. 7. Dr.Um.!!f.AW!LlIUm1. In the event that either party breaches any provision of this Agrcement, lhe non-breaching party may seek to enforce this Agreement in a court of law or equity, and, if II breach ofthc Agreement is established in II court of law or equity, the breaching party shall pay thc non-breaching party damages for said breach, if any, lInd all wasonuble attorney's fces, court costs and expcnscs which are incurrcd by the non-breaching party In enforcing the Agrcemenl. 8. Personal Propltl:!!. Husband and Wife have previously agreed to the distribu- tion of all items of personul property, including, but not limited to, accounts and household goods, Except as provided hercin, Husband agrees that all such property in the possession of Wife shall he the sole and scparate property of Wifc, Exccpt as provided herein, Wife agrees that all such property in the possession of Hushund shall be the sole and separate property of Husbund, Each of the purties docs hcreby specifically waive, releuse and renounce any further claims with respect to said items, Notwithstanding the above, Wile shall transfer to Husband all rights, title and interest she Illay havc in the parties' lawnmower, wheel barrow and ladder, 9. Waiver of Rillht to Share in Retirement lJenefit~. The parties hereby waive, Pagc 4 01'9 rolinqulsh und rclcusc UIlY und all cluims und rights eithcr may have or eVer had, pl'escnlly pas, or llIuy in thll fulurc ucquirc, in Ulld to lllly und ull retircnwnt bcnctits titlcd in cithcr partics' individual nlllllC, whcncvcr acquired, including, without limitution, any and all pcnsion and profit sharing phlll~, Kcough~, 401(K)'s,I.R,A,s and any ulld all othcr as~cts of like kind and character, and any upprceiution in the vahw thereof, whether due to market conditions or the direct or indircct contributions 01' cfforts of cither party, 10, Marital Dehts, Except as othcrwise provided herein, each party agrecs to assume full responsibility for any and all debts in their individual name, rcgardless of whether the debt(s) is/are marital or non-murital. Each party agrees to indemnity and hold the other party harmless fmm any liability, cost or expense, including atlol'l1eys' fees, which are incurred in connection with such debt(s), 11. Other Deby, Wife represents and Wllrrants to Husband that since thc partics' separation she has not and in the future shc will not contract or inclll.. any debt or liability for which Husband or his cstate might bc responsible and shall indemnify and save Husband harmless from any and all claims 01' dcmands made against him by reason of debts or obligations incurred by hcr. Hushand rcprcscnts and warrants to Wifc that sincc the parties' scparation he has not und in thc future hc will not contract or incur any debt or liability for which Wile or her estatc might be responsiblc and shall indemnify and save Wife harmless from any and all claims or demands made against hcr by reason of dcbts or obligations incurred by him. 12, Mcdlcallnsurance, Each party will bc rcsponsiblc for his/hcr mcdical insurance, 13. Waivers of Claims Al!ainst Estate~. Except as hcrein otherwise provided, each Page 5 of9 party may dispose of his or hot, propcrty in any way, and cllch party hereby waives and relin- quishes any and alll'ights he 01' she may now hllvc or herellftcr acquire, under the present or futurc laws of any jurisdiction, to ~haro in the property or the estate of the other a~ a result of the . marital relationship, including without limitation, dower, curtesy, statutory allowance, widow's allowance, right to take in intestacy, right to take against the Will of the other, and right to act as administrator or executor of the othcr's estate, and eaeh will, to the request of the other, execute, acknowledge and deliver any and aB instrumcnts which may be neces~ary or advisable to carry into effect this mutual waiver and relinquishment of all such interests, rights and claims. 14, Real Property. Hushand agrecs to transfer any titlc and interest he has in and to the real estate situated at 488 Lancaster Avenue, Enola, Cumberland County, Pennsylvania, to Wife, and Husband agrecs to exccuted and delivcr all documents 01' papers necessary to effect such transfer of title consistent with this Agreement. From the date of the execution of this Agreement, Wife shall be solely responsible for all past, present and future costs, expenses or liabilities attributable and/or resulting from the above-described real property, including but not limited to all mortgage payments, real estate taxes, water and sewer rents, gas, electric, telephone service, insurance, repairs, and routine maintenance, Wife shall keep Husband and his succes- sors, assigns, heirs, executors and administrators indemnified and held harmless from any liability, cost or expense which are incurred in connection with such past, present and future .costs, expenses or lillbilities attribulable and/or rcsulting from the above-described real property, Additionally, Wife shall, within ninety (90) dllYs from execution of this Agrecment, re-finance the mortgage on the above-described real property and remove Husband's name from that Page 6 01'9 o\lligation. 15. M.!!.tor VchlcW. Wife ugrees to transfer to Husband ull rights, title, and interest she may have in the 1996 Chevrolet C-1500 pickup truck, Husband agrces to rc.finanee the lien on the 1996 Chevrolct C. 1500 pickup truck so as 10 rClnove. Wife's name from that obligation. Husband agrces to transfer to Wife all rights, title and interest he may havc in thc 1990 Chrysler New Yorker, The party obtaining possession of a vehiclc under this Agrecment shall be solely and cxclusiveJy rcsponsible 1'01' any Joun or encumbrance Ihl~rcon, and that party ugrees to indemnify and hold thc othcr party harmless from any and all claims, demands, uetions or judgments arising therefrom, 16. Advice of Counsel, It is recognizcd by the parties hereto that Wife is represented by Michael A. Koram\a, Esquire, It is recognized by the parties hereto that Husband is repre- senlcd by Sandra L. Meilton, Esquire, The pl'Ovi~ions of this Agreement and their legal effect havc been fully cxplained to the parties by their respective counsel. The provisions of this Agreement are fully understood by both parties and each party acknowledges that this Agreement is fair unci equituble, thaI it is being entered into freely and voluntarily and that it is not the result of any duress or unduc intluence, 17, .Bankruptcy. In the event that eithcr party becomes a debtor in any banknlptcy or financial rcorgunization proceeding of any kind while any obligations remain to be performcd by thut party for the benefit of the other party pursuant to the provisions of this Agreemcnt, the dcbtor.spouse hcrcby waives, rcleases and relinquishes any right to cluim any exemption (whether grantcd under Stale or FcderaJluw) to uny propertyrcmuining in the dcbtor as a defense Page 7 01'9 to any cluim mllde pursuant hcrcto by thc crcditor-spouse, and the debtor-spouse hereby anslgns, trnnsfcrs, and conveys to thc crt,ditor-spouse an Intcrest in all of the dcbtor's exempt property sufncicnt tl.' meelall obligations to the creditor-spouse as set forth hcrein, including all attorney's fces and costs incurred In the cnforccment of this paragraph or any other provision of this Agrecment, No obligation creatcd by this Agreemcnt shall be dischargcd or dischargeable, I'egardlcss of Federal or Stlltc law to the contrary, and each parly waives any and all right to assert that any obligation hereundcr is discharged or dischnrgcable, 18. EffectivJLAl!rcement, This Agrcemcnt shall bind the parties, their heirs, cxccutors, administrators and assigns, 19. Entire ABrccmcnj. This Agreemcnt contains thc entire understanding of the partics, and therc are no rcprcsentations. wurranties, covenants 01' undcrtakings other than those expressly set forth hercin, 20. frioI' At:recmcnt. It is understood and agreed that any and all property scttle- ment agrecments which mayor havc bcen cxccuted prior to thc date alld timc of this Agrecment are null and void and of no cffect. 21. Modification l!.nd Waiver. Any modification or waivcr of any provision of this Agreement shall bc effcct.ivc only if madc in writing exccutcd with the same formality as this Agreemcllt. The failure of cithcr party to insist upon strict performancc of any of the provisions of this Agrccmcnt shall not hc construcd as a waivcr orallY subsequent dcfault of the samc 01' similar nature, 22. Govcrnlnl! Law. Thi:, Agrecmcnt shall bc govcrned by and shall bc construed in I'lIgc 8 of9 ~~ '>-< '..-,. \'V l;;- j ~ . . ~;5~:r, ( " ~::J 1.,,;_";1J .",~ ()~e (l".; C;:i ~'::j :'j:UJ ,.,,\ ':J';>" iC;:;~ s-.:') '',JiLl . .:... ~,~ .I.. I ") :j \ , C;J () ~ f, bo..,. '''0', ."'fy .... t Compla.111t are trUe An'" he statements llJaqe .111 th . · oO"'e. f . . ..,.,. '" ".. "'j.e. 'O;h O. '''''.. ".t f".. .t........ rCllat.1 t e penalt.1es Of 18 I1g 0 unsWorn fals.1fioat.1 1>a. c, S. 54904 on to author.1ties. I (. _\ I.'" (}:\ ~ l':":l r,-,' '{-'" (';,i ,'1') '..').~.:c .' ~'.;>' ,"c\ '.6") . '~}~f , 1...- "'W.\ ".,t~ .\. 't~ ~. \.n -' t{~ ..). \''\ \d .,,'( .' .~ .' ~i \.,. \~ .