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HomeMy WebLinkAbout99-00158 , . 8 ~ 8 8 , ~ 8 iii ~ . Ii-<<:~,. ,>>::;:;' :ii~:<<~.>>:, ':>>:.' ::+:. . .it:: . ::.:-' .:.:. .:.:. .:.:- .:.:. -:.:. .:.:- -:.:. .:+:. 8 ~; 8 ~ ~ * ~ 8 ~ ~ ,.' -~~~~..~-~.~~.~.~.~~y-~~~~~-~~~ ' ...p...~,---... "-'''''''''-'' "-T~ "''''-''~'' .~-....-~............' '-T'~_""",,,,,,, ~"c, ........ ~~... '-"..."' ~ ,_...., """ '-,--.----....-.........n._....'-"......_~..............""""'__'__........ - : IN THE COURT OF COMMON PLEAS ~ . M 8 OF CUMBERLAND COUNTY , ~ ~ . 8 8 i STATE OF ~.~I PENNA. . ~ . 8 8 ~ CAROL A. CORSNITZ, Ii 99-158 3 Plaintiff No,..... ........ 19 . 8 :i 8 8 V("'.';11S " ~ II ii ~ ~ . M f~ - i~ a . 8 t'.. ~ ~ ~ .. 8 CHARLES E. CORSNITZ, ,', ~ Defendant 8 ;;, ~ 8 DECREE IN DIVORCE ~ ',' $ AND NOW, " .~''v\~, "~,, " " '''. 199,.. it is ordered and decreed that". . . , ,C~ROL A., ,CORSNI'fZ. , , ,. . , ,. . , . . , . . . "" . . . . I plaintiff, and, , . . . , , , . . , , . , . . ?~ARLES. E:. CORSNI'fZ. , . , . . . , , . . . , . . . . , . , , . I defendant, ore divorced from the bonds of matrimony. ~ ~ I' ~ .'~ ~ ,+, ~ ~ ',' I" ~ ~ ... ;. ~ ,', ~ ,', J. ~ ~ '.' ~ ~ ',' 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 been entered; ~JOh-e.. """'" .,',.".".",.".",. ."..,...,..,....."'....",.1.,.<....,.".,... ..../ n y T ~.~" c'lt' lVY:'Jtj' . --'.'-. / ~~,_:,.' - i,_. _ _ ~ i Alle.t: ~ ..,....."..,..,.....",., """"""""" Prnthonotal'Y , ~ -:.;. -:.;. .:.;. .:.;. .:.~, ,:.;. .:.:. 0:.;. .:+:. .:.:. . " , CAROL A. COIUJN 11'2, PlaInt! rf " VB. CHARLES E. CORSNITZ, Dflf'endan t IN TilE COURT OF COHHON PLEAS CUM8ERl.AND COUNTY, PENNSYLVANIA CIVIL DIVISION : : : : NO. 99-158 CIVIL TERM PRAECIPE TO TRANSMIT RECORD To the Prothonotary: Transmit: the record. together with the fOllow,1ng information to the court for entry of a divorce decree: 1. Ground for divorce: irretrievable breakdown under S3301(c) xnt1X~U of the Divorce Code. (Strike out inapplicable section). 2. Date and manner of se~vice of the comlllaint: J~E.L..!iL.l299, Cert.i..!:!ed Man. Reot.ricted Doll.yory, fletur:.n Ileooipt Requested, POBt~ Propllid. 3. Complete either paragraph (al or (b). (a) Date of execution of the affidavit of consent required S3JOHcl of the Divorce Code: by plaintiff April 26, 1999 by by defendant ADriJ 26, '1999 (bl(l) Date of execution of the of the Divorce Code: service of t:he plaintiff's affidavit upon the r(lspondent: affidavit required by : (7.1 Date of filing !i3301(d) and 4. Related claims pending: NO CLAIMS flAISED -- 5. Complete either (al or (bl. (a I Date and manner of aeIVice of U,e notice of intention te- file praecipe to tranamit record. a copy of Which Is attached: (bl Date plaintiff'a Waiver of Not:ice in 5330l(c) Divorce waa filed with the Prothonotary: ~l \ l.fi,(' 11/) Date defondant'a Waiver of Notice in snOl( c I Divorce waa filed with the Prothonotary: --.J\f/\ \ 2 ~ +--17~)' . -- . -~ '~/' ----::7.~~L At t:~~pey:-.ro~).Rfiff) (~~M'kl .. ~ M ~, In .. (5~ ~Q - ~ x: u;-e ~~. 2i: '~i Q 0'\ R N :s l'.' t)':: ~ ~ ~ ~ t5 ~ " ~ " , maintenance of WHe 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, NOW THEREFORE, in consideration of the premises and of the mutual promises, covenants and undertakings hereinafter set forth and for ot.her good and valuable consideration, receipt. of which is hereby acknowledged by each of the parties hereto, Wife and Husband, each intending t.o be legally bound hereby, covenant and agree as follows: 1. Disc,losure of Assey, Each party assert s that he or she has made a full and fair disclosure of all of the real and personal property o:E any nat.ure whatsoever belonging in any way to each of them of all debts and encumbrances incurred in any manner what.soever by each of them, of all sources and amounts of income received or receivable by each party, and of every other fact relating in any way to the subj ect matter of this agreement, These disclosures are part of the consideration made by each party for entering into this agreement. 2. Advice o~ Counsel. This document has been prepared by the wife's attorney, Elizabeth B, Stone, Esquire, The Husband has been represented by Jane Adams, Esquire. Each party has carefully read this agreement and is completely aware, not only of its contents, but also of its legal effect. -2- 3, Freedom from InterferenQ.l.. Each party shall be free from interference, authority, and contact by the other, 6S fully as if he or she were single and unmarried except as may be necessary to carry out the provisions of' this agreement, Neither party shall molest the other or attempt to endeavor to molest the other, nor compel the other to cohabit 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. 4, Release of Claims" Wife and Husband each do hereby mutually remise, release, quit-claim and forever discharge the other and the estate of such other, for all time to come, and for all purposes whatsoever, of and from any and all rights, titles and interests, or claims in or against the property (including income and gain from property hereafter accruing) of the other or against the estate of such other, of whatever nature and whereso- ever situate, which she or he 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 or by way of dower or curtesy, or claims in the nature of dower or curtesy of 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 -3- other as UJstamentary, or all othfJl' right.s of a surviving fJpouse to participate :l.n a decea8(,d spouse's ostate, whether arising under t.he laws of (a) PenrtBylvania, (bl any Elt.at.e, commonwealth or terr:l.tory of the United States, or (c) any other country, or any rights which Wife may have or at any time hereafter have for past, present or future FJUpport 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 whatso- ever nature arising or which may arise under this agreement or for the breach of any thereof, It is the intention of Wife and Husband to give to each other by the execution of this agreement a full, complete and general release with respect to any and all property of any kind or nature, real, personal or mixed, which the other now owns or may hereafter acquire, except and only except all rights and agreements and obligations of whatsoever nat.ure arising or which may arise under this agreement or for t.he breach of any thereof, subject., however, t.o the implementat.ion and sat.isfaction of t.he conditions precedent as set forth herein above. 5, Warranty as to Future Obliqa~i~, Each party represents that. they have not cont.ract.ed any debt. or liability for t.he ot.her for which t.he est.ate of the other party may be -4- responsible or liable, and that except only for the rights arising out of this agreement, neither party will hereafter incur ,any liability whatsoever for which the other party or the estate of the other party, will be liable, Each party agrees to indem- nify or hold the other party harmless from and against all future obligations of every kind incurred by them, including those for necessities, 6, AssUl1\R!;.ion of Liab~lities, This provision sets forth the method for the payment and assumption of the debts and liabilities of the parties, Since the assumption is not binding on the creditor, the party assuming the debt agrees to indemnify the other party in the event the creditor seeks to hold such other party liable. Should the parties wish to bind the creditor and relieve the original debts from all liability, a novation should be executed, 7, Fersonal Property. Wife and Husband do herl;lby acknowledge that they have heretofore divided the marital prop- erty including, but without limitation, jewelry, clothes, furni- ture and other personalty and hereafter Wife agrees that all of the property in the possession of Husband shall be the sole and separate property of Husband; and, Husband agrees that all property in the possession of Wife shall be the sole and separate property of ~Iife, Each of the parties does hereby specifically -5- waive, release, renounce and forever abandon whatever claims, if any, she or he may have with respect to any of the above items which are the sole and separate property of the other, A, Husband hereby agrees to set over, transfer and assign all of his right, title and interest to any and all furniture, furnishings, rugs, carpets, household equipment and appliances, pictures, books and any household goods of whatever nature which are presently located or situated in the residence at 7329 Wertzville Road, Carlisle, Cumberland County, Pennsylva- nia, 17013; notwithstanding the foregoing provisions, Wife herebY agrees to set over, transfer and assign all of her right, title and interest to those personal effects and items of personalty that Husband has previously identified, By these presents, each of the parties does hereby specifically waive, release, renounce and forever abandon whatever claims he or she may have with respect to any of the above items which are the sole and separate property of the other from the date of execution hereof, B. Husband agrees to give to Wife the camcorder, the scanner and the home video movies within ten days of the signing of this agreement. 8. Cash, Bank Accounts, and IRA's. All cash, bank accounts and IRA's have previously been divided to the satisfaction of both parties, Each party agrees the amount of -6- the distribution, those assets presently in the possession of either party shall be and remain their separate property, free and clear of any claim whatsoever on the part of the other. 9. AutolJlobile to HusblU1d, The Husband shall be the sole owner, free and clear from any claim on the part of the Wife, of the 1994 FORD F150 TRUCK. Wife shall deliver executed certificate of title, sales and use tax form and any other documents necessary to convey title within three (3) days of the execution of this agreement if she possesses these items. 100 Automobile to Wife, The Wife shall be the sole owner, free and clear from any claim on the part of the Husband, of the 1998 Saturn SL2. Husband shall deliver executed certificate of title, sales and use tax form and any other docu- ments necessary to convey title within ten days of the execution of this agreement, 11, Pensions, The Wife hereby releases any claim which she may have to receive a portion of the Husband's pension fund, retirement benefits, and/or 401 Keogh plan, The Husband's retirement benefits and pEmsion shall remain the sole possession of the Husband. The Husband hereby releases any claim which he may have to receive a portion of the Wife's pension fund, retirement benefits, and/or 401 Keogh plan, The Husband's retirement -7- benefits !lnd pension shall remain the sole possession of t.he Wife, 12. ~MlQ Support. Child support is currently being handled through the CIlmber1and County Domestic Relations Office, Nothing in the agreement shall be waive the rights of either party to pursue or enforce obligations arising from child support. This support is to be paid until the last child either attains the age of eighteen or graduates high school, whichever of the later occurs, 13, Alimonv. The Wife hereby waives any and all rights to receive alimony pendente lite, alimony or spousal support rights, The Husband hereby waives any and all rights to recei ve alimony pendente Ii te, al imony or spousal support rights, 14, Propert.v Not Provided For. The parties hereto agree that they have, by the Lerms of this agreement, settled, to their mutual satisfaction, all rights that either may have in their property, whether owned by them jointly or separately, real and personal, and wheresoever si tuated. Any property not specifically provided for in this agreement, which the Husband or Wife owns or has the right to cant rol or possess, shall be and remain his or her property, free and clear from any claim on the part of the other, -8- 15. Real Jl1.liM..I., Husband <<nd Wife have heretofore signed a listing agreement with Jack Gaughan Realty for the sale of the marital real estate located at 7329 Wertzville Road, Carlisle, Cumberland County, Pennsylvania, 17013 , The parties agree and acknowledge that prospective Buyers have offered and the Sellers, (the parties herein named) have <<greed to the sale price. Settlement is to be within ninety (90) days of the date of this Agreement, Husband and Wife agr.ee to sign and any all documents to convey, transfer. and grant his and her. inter.est in the real estate situated and located at 7329 Wertzville Road, Carlisle, PA. Husband and Wife shall shar.e and be equally responsible for all costs associated with the sale and shall shar.e equally in the proceeds ther.eof. In the event that this sale does not take place, Husband and Wife agree that the property shall remain for sale, and that the parties will continue for.ward with the same agreement to division of assets as set for.th above, It is fur.ther. agr.eed by the par.ties, that both Husband and Wife shall at all times cooperate with one another to facilitate the sale of the ma~ital proper.ty, including but not limited to, the signing of all documents necessary to transfer. his or. her. inter.est in said pr.operty, -9- This agreement or a memorandum thereof shall be record- ed in th", Office of the Recorder of Deeds of Cumberland County, Pennsylvania. 19. Custody, The WHe and the Husband shall share joint legal custody of Jennifer R, Corsnitz, date of birth January 10, 1985, The Wife shall have primary physical custody with the Husband enjoying liberal partial custody. The Husband shall have visit.ation with Jennifer on two (2) alternating weekends each month during the school year., Tho Husband shall be entitled to one (1) full week of uninterrupted visitation each month when school is not in session during the summer months, All other visit.ation will be during mutually agreed upon times. 20, ~eg!cal Insurance. Wife agrees to pay for her own medical benef its provided th~'ough her employment, Husband agrees to provide Blue Cross, Major-Medical and/or hospitalizat.ion insurance for the minor daughter until she reaches the age of eighteen and/or graduates high school, Any unreimbursed bills, including but not limited to, medical, dental, orthodontia, vision, therapeutic, chiropractic, and psychological bills which shall not be payabl e by said coverage shall be divided equally between t.he Husband and Wife, -10- 22. QQnlult.t12a~. Wife hereby agrees that in connection with questions dealing with the education of minor child, as well as any extraordinary medical or dental expenses, Husband shall be consulted whenever practicable, concerning the course of any proposed treatment or the decisions relevant to any educational consi.deration including the choice of a college, university or technical school should the occasion arise for such consideration. 23, Enfo~~~ment. If either party shall bring an action or other proceeding to enforce this agreement, or to enforce any judgment, decree or order made by a court in connection with this agreement or the divorce of the parties, the prevailing party shall be entitled to reasonable attorney's fees from other party. 24. Eavment of Attornev Fees. Each party of this agreement hereby agrees that each of them will be solely responsible for the full payment of all attorney's fees and other costs heretofore and hereafter incurred, respectively, by each of them in connection with the negotiation, preparation, and execution of this agreement, and in connection with any action commenced by either party with respect to the divorce of the parties. Each party further agrees hereby to indemnify and hold the other party harmless from any demand, claim, loss, cost and -1.1- expense (including additional attorney's fees) arising from a failure to pay all of the aforesaid attorney's fees and other costs, 25, In19rme~d Voluntary E~ecu~. Each party to this agreement. acknowledges and declares t.hat he or she, z"especti vely: a, Is fully and completely informed as to the facts relating to the subject matter of this agreement and as to the rights and liabilities of both parties. b, Enters into this agreement voluntarily after receiving the advice of independent counsel, free from fraud, undue influence, coercion or duress of any kind. c, Has given careful and mature thought to the making of this agreement, d. Has carefully read each provision of this agreement, e. Fully and completely understands each provision of this agreement. 26, Hea41nQs. The headings or captions preceding the paragraphs in this agreement are inserted for convenience of reference only and shall not be const.rued in interpreting this agreement. ~.12 - 27. r<<utual_Co9Deratio.n., The Husband and the Wife shall each concurrently herewith, or at any time hereafter on the demand bf the other, execute any other documents or instruments, and do or cause to be done any other acts and things as may be necessary or convenient to carry out the intents and purposes of thiEJ agreement, 28. E~oonciliation, If there should be a recon- ciliation of the parties after the date of execution of this agreement, this agreement shall nevertheless continue in full force until it is modified or abrogated by another written instrument to that effect signed by each of the parties hereto. 29, Future Earninas. All income, earnings or other property received or acquired by either party to this agreement on or after the date of execution of this agreement shall be the sole and separate property of the receiving or acquiring party. Each party, as of the effective date of this agreement, does hereby and forever waive, release and relinquish all right, ti tle and interest in all such income, earnings or other property so received or acquired by the other. 30. Waiver of Riahts, Each of the parties hereby irrevocably waive all rights which he or she may have to request any court to equitably distribute the marital property of the parties or to have alimony, alimony pendente lite or counsel fees -13- awarded to either party, it being the express intention qr the partie& hereto to fully settle all claims which they have with respect to each other in this agreement. Each of the parties further agree to consent to the entry of a Decree in Divorce. 31, Waiver of Breaoh, The waiver of any term, condition, clause or provision of this agreement shall in no way be deemed or considered a waiver of any other term, condition, clause or provision of this agreement. 32. ~urvival o;LAgreement. If any term, condition, clause or provision of this agreement shall, by its reasonable interpretation, be intended to survive and e~tend beyond the termination of the marriage relationship presently existing between the parties hereto, said term or terms, condition or condi tions, clause or clauses, provision or provisions, shall be so COnstrued, being the express intention of both parties hereto to have this agreement govern their relationship now or hereafter, irrespective of their marital status. 33, JuriEldictiQn. This agreement shall be construed under the laws of the CommonwEalth of Pennsylvania, and both parties consent and agree to the jurisdiction of the Court of Common Pleas of cumberland County, Pennsylvania, on account of any suit or action brought with respect to this agreement or any provisions or matters referr'ed to in any provi.sions thereof. -14 - ~ <'ot G: ~ V') .. ~t, .. :'54: - ,~ Ojjl -t.~ -" Cl~" ....r ,;: :;>\ ~f; Gh:! I,~~ m .;tfn iJ';.I- N J/~ u! ~.~J ~ 11'\2 I.d 1 i" I}) , -< .rr. t.~ ~ <" cl tJ' . . 'co. r'l il-' ~" i (t. I '111",-'-" .. ~~ -.. I , J , .--. l.;.. ~ In L, , "-1' " .. '" , 0 ';") .['- 'j- ,L I {;-, ;)" i() <.1 '..('I ~l V) ~ '1 1f ('" '-:l ~ ~ 110 ~ ~ () f:J~ CI)::ij~ 3~s A.,CI)..Jr<i ,=,-,0 :00 ~,t..:,~ ~~' \~ d ':"! A U~C~ iZl r.. !;'CJ H O~ I o !C<olloo:.; 8~'~~ O:3.!..E-< ~~~ ~ ~ ,g _SOH HUZU ;::: or< +' ,~ -It! '" rl E-< A, ~ , ~ o o , "'i H o ~ ] ..-~ N Q) !C<'H ..; Q) ZA 13 o o l;l III !o< ~ ~ S ~ " ~ t ... 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