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HomeMy WebLinkAbout99-00248 , , ~ ~ ... ~ 8 i " 8 . ~~..:..:,*=., . , ~ ~I ~ ,. S ~ 8 ~ 8 s 8 " ~ . ~~.~~~'!l:...:..~:.'~' "::~:":~.':"C~.~',~: .~,'~~::~:~ '~}::+:'.. ~.:'. ':.::::t:: .':.::. ::+:'.~.~aI:::::~:~:':'~~:..l!,:~_ ..._.:~~ . ~; , ~ : IN THE COURT OF COMMON PLEAS : 8 OF CUMBERLAND COUNTY 8 8 W 8 8" 8 8 STATE OF -:\~; ,,';T~ PENNA. 8 8 . 8 JANICE WIRT'!i * ~ .i N 0 OJ.n 8 8 Plaintiff 'I I (), "?,9.~k.~H..,, """,""'" " II ~ ~ 8 . iii (, , . $ 8 8 . ~ . 8 " .., ~ V(l 1'.'; II s " .., ROBERT C. WTRT, " .., De f endant 8 ~ DECREE IN DIVORCE AND NOW""".".. .~~'" /0..." 19 fJ..., it is ordered and decreed that "."... .JANIC,E ,WIRT '. . . , . . , . . , , , , , , . . . , , , . , , , , , , " plaintiff, and. , . , , " , , , . , . " , . ,\(OB~~T,~.'. WIRT, . . . . , , , , ,. . . . , . . , . , . , , , " defendant, are divorced from the bonds of matrimony, 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; NONE 8 8 ~ 18 I~ i~ I,', ~ )~ ) : \.. '~ ThiH Agreement of October 23, 1999 iH hereby incorporated into the ",.."",."". ,... ,.,.."".,.....,.,."...,....."".",.""., ....,.,., , , , , . Una), P;lypn:e PeCrpf"... , , . c;;';;L t,UiJ./7 ,I, s ()rothollotnry ~ ~. * :.;. .:+:. ,~.:' .:.;. ~ .:+:. ':+:. .:+:. ,~.~. 0:+:' ':.:. .:.;. .:.:. .:.:. .~:.' ~ h ~.P. ?"; ~ ? ~..s'~, ~~ ... ;s::? '. ~~~ ~~ <'';'"'' ~ ~~~~ ~, " ' ....... AGREEMENT THIS AGREEMENT m.de .nd entered Into this {).~ d.y of ~, 1999, .t C.rlllle, Cumberland County, Pennsylvania, by and between J.nlce E, Wlrt (hereinafter referred to as "WIFE") residing at113 Nlttany Drive, Mechanlcsburg, Cumberland County, Pennsylv.nla and Robert C, Wlrt (herolnafter referred to as "HUSBAND") residing at 1 PlelSant View Drive, Mechanlcsburg, Cumberland County, Pennsylvania, WITNESSETH: WHEREAS, the parties hereto were duly and lawfully married to each other on January 9, 1982 In Glendale, Arizona; WHEREAS, HUSBAND and WIFE are the parents of two children, Heather Joanne Wlrt, age 15 years, and James Ryan Wirt, age 13 years; WHEREAS, certain unhappy and Irreconcilable differences have arisen between the parties In consequence of which they desire to live separate and apart and wish to remain separate and apart for the rest of their lives; WHEREAS, the parties desire to enter Into an Agreement under which their respective financial and property rights and all other rights, remedies, privileges, and obligations to each other arising out of the marriage relation or otherwise shall be fully prescribed and bounded thereby; WHEREAS, a Complaint In Divorce was flied In the Court of Common Pleas of Cumberland County at Docket No, 99-246 Civil Term on January 13, 1999; WHEREAS, each party has had an oppOrlunlty to consult with an attorney of his or her own choice; and WHEREAS, the parties hereto each warrant and represent to the other that they fully undarstand all the terms, covenants, conditions, provisions, and obligations Incumbent upon each of them by virtue of this Agreement to be performed or contemplated by each of them page 1 of 9 hereunder, and eloh believe the same to be flir, Just, relsonlblt Ind in the respeotlve Individual best Interest of eloh, Ind not the result of Iny fraud, duress, or undue Influence eKerclsed by either party upon the other or by any other per.son or persons upon either; NOW THEREFORE, in conslderltlon of the covenants and promises contained herein, the plrties hereto, Intending to be legally bound hereby, Igree IS follows: 1, SEPARATION, It is Ind shIll be Ilwful for the plrtllS hereto, It III times, to live seplrate Ind apart from each other Ind to reside from time to time It such place or plll:tlS as each of the parties may deem fit Ind to contrlct, clrry on and engl"e In Iny employment, business or trlde which either may deem fit, free from control, restrlllint, or interference, direct or Indirect, by the other In III respects IS if such parties were single and unmlrrled, 2, NONINTERFERENCE. Neither party shall In InY WlY molest, disturb, or trouble the other or interfere with the peace IlInd comfort of the oth"r or compel or seek to compel the other to 88socllte, cohlblt or dwell with him or her by any action or proceeding for restorltlon of conJugl1 rights or by any means whatsoever. 3, DATE OF EXECUTION: The "date of eKecutlon" of this Igreement shIll be defined IS the dlte upon which Ills executed by the parties If they hIve each eKecuted the agreement on the slme date, Otherwise, the "date of IlKecution" of this Igreement shall be defined as the dllG of execullon by the party last eKecuting this agreement. 4, MUTUAL RELEASE, HUSBAND and WIFE each do hereby mutullly rlllelse and forever discharge the other Ind the estata of each other for all time to come, and for III purposes whatsoever, of and from any and all rights, IIl1e Ind Interests, or clllms in or against the property (Including income and gain from property hereafter accruing) of the other or against the estate of the 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 wlY of dower or curtesy, or claims in the nature of dower or cllrtesy or widow's or widower's rights, family eKemption or slmlllr IlIowance, page 2 of 9 or under the Intestate laws, or the right take against the spouse's will; or the right to treat a lifetime conveyance by the other as testamentary, or all other right, of a 'urvlvlng spouse to participate In a deceased spolJse's estate, whether arising under the lews of Pennsylvania, or Ilny .tatll, commonwealth, or territory of the United States, or any rights which either party may have or al any time hereafter ,hall have for pasl, present or future support or maintenance, alimony, alimony pendente lite, counsel fees, property division, cosls or expenses, whether arising as a result of the marital relations or otherwise, except all rights and agreements and obligations of whatsoever nature arising or which may arise from Ihl. Agreement or for the breach of any provisions thereof, It Is the Intention of HUSBAND and WIFE to give to each other by the execution of Ihls Agreement a full, complete and general release with respect to any and all property of any kind or nalure, real, personal, or mixed, which tho 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 tho breach of any provision thereof, It Is further agreed that this Agreement shall be and constitute a full and final resolution of any and all claims which each of the parties may have against the other for the equltat.ie division of property, alimony, counsel fees and expenses, alimony pendente lite or any other claims pursuant to the Pennsylvania Divorce Code or the divorce laws of any other Jurisdiction, 5, ADVICE OF COUNSEL. The provisions of this Agreement and their legal effect have been fully explained to WIFE by ELIZABETH A. HOFFMAN, ESQUIRE, counsel for WIFE, HUSBAND has been advised to seek counsel to review the terms of this Agreement. HUSBAND and WIFE agree that this Agreement is, under the circumstances, fair and equitable and that It Is being entered Into freely and VOluntarily and that execution of this Agreement Is not the result of any duress or undue Infiuence and that It Is not the result of any collusion or improper or Illegal agreement or agreements. page 3 of 9 e, FINANCIAL DISCLOSURE, The parties waive their rights to require the filing of flnanc/al statements by the other although the parties have been advised by their respective attorneys that It Is their legal right to have these disclosures made prior to entering 11'110 this Agreement. By entering Into this Agreement without reliance upon financial disclosure, the parties are forever waiving their right to request or use that as a basis to overturn this Agreement or part thereof, 7, WARRANTY AS TO EXISTING OBLIGATIONS. Each party represents that he or she has not heretofore incurred or contracted for any debt or liability or obligation for which the other party may be responsible or liable except as provided for In this Agreement. Each party agrees to /ndemnlfy and hold the other party harmless for and against any and such debts, liabilities or Obligations of every kind which may heretofore been Incurred by him or her, Including those for necessities, except for the obligations arising from this Agreement. 8, PERSONAL PROPERTY, The parties stipulate and agree that all Items of personal property have previously been divided between themselves, The parties do hereby specifically waive, release, renounce and forever abandon whatever claims, if any, he or she may have, with respect to any of the Items previously divided between themselves. 9, EXISTING DEBTS. HUSBAND and WIFE agree that al or around the time of separation they had outstanding balances on a home equity loan from PSECU, Account Number 0159449478, In the amount of approximately seven thousand dollars ($7000,00) and approximately ten thousand dollars ($10,000,00) on a home equity home from PNC Bank, Account Number 4001006011518814, HUSBAND and WIFE further agreo that on or about the date of separat/un they owed to Columbia National Incorporated a balance of ninety.elght thousand five hundred ninety-seven dollars and sixteen cents ($98,597,16) on the mortgage of their marital residence, located at 113 Nlltany Drive, Mechanlcsburg, Cumberland County, Pennsylvania, page" of 9 WIFE agrees to undertake sole and exclusive responsibility for the balance remaining on the loan account at PNC Bank and for the balance remaining on the mortgage with Columbia National Incorporated, She also agrees to be responsible for one. half of the balance remaining on the home equity loan account at PSECU, WIFE further agrees to be solely and exclusively responsible for any and all outstanding debts Incurred In her own Individual name, Including the credit card account with Mellon Bank, Account Number 75701058, and the student loan accol,mt with PHEAA, WIFE agrees to Indemnify HUSBAND and hold him harmless from any llnd all liability orlslng from the aforesaid debts any other debts Incurred In her Individual name, HUSBAND agrees to be responsible for one-half of the bslance remaining on the home equity loan account at PSEClJ, He further agrees to be solely and exclusively responsible for any and all debts Incurred In his individual name, Including the balance on the loan from PSECU for hi. motorcycle, HUSBAND agrt'es to Indemnify and hold WIFE harmless from any and all liability from these debts and any other debts Incurred In his Individual name. 10, MARITAL RESIDENCE, HUSBAND and WIFE acknowledge that they own as tenants by the entireties the real property located at 113 Nittany Drive, Mechanlcsburg, Cumberland County, Pennsylvania, The parties agree that the market value of the property is approximately one hundred thirty thousand four hundred fifty dollars ($130,450,00), The parties agree that WIFE shall become sole and exclusive owner of the property, HUSBAND agrees to t'lxecute a deed, at the tlma of the execution of this Agreement, transferring all of his rights and Interest In the home to WIFE, WIFE agrees to refinance the marital residence in her Individual name, removing HUSBAND's name from the mortgage and releulng him from any and all liability for same, The deed executed by HUSBAND shall be held In escrow by WIFE's attorney, Elizabeth A. Hoffman, Esquire, until the time of the refinancing, WIFE acknowledges that she will be responsible for ha\llng said deed recorded at the office of the Recorder of Deeds In the Cumberland County page 5 of 9 Courthouse, WIFE agrees to be solely and exclusively responslblll for all costs and expenses associated with the marital residence, Including, but nolllmlled to, the balance of the mortgege, texes, Insurance, end utilities, WIFE egrees to Indemnify HUSBAND end hold him hermless from any and ell liability from same, 11, MOTOR VEHICL.ES, HUSBAND and WIFE acknowledge thet at the time of separation WIFE had In her possession a 1995 Mercury Sable and HUSBAND hed In his possession a 1986 ChevrolClt van, The parties agree that WIFE shall retain sole Bnd exclusive possession of the Mercury Sable, WIFE agrees to be solely and exclusively responsible for the balance of the loan on said vehicle, which Is held by PSECU, and for any and all costs to maintain end operate the vehicle and to Indemnify and hold HUSBAND harmless from any liability arising from same. HUSBAND agrees to execute title at Pennsylvania Department of Trensportatlon to remove his name therefrom and to transfer any and all of his rights end Interests In seld vehicle to WIFE, The parties egree that HUSBAND shall relaln sole and exclusive possession of the Chevrolet van or any olher vehicle acquired since the separation, HUSBAND agrees to be solely and exclusively responsible for any and all costs to maintain and operate the vehicle and to Indemnify end hold WIFE harmless from any liability arising from same, 12, OTHER ASSETS, The parties acknowledge that at the time of separation they jointly owned a 1996 ColemanlTllos camper, having a value of twenty-nine hundred dollars ($2900,00), The parties agree that HUSBAND shall have sole and exclusive possession of the camper, HUSBAND agrees that he shall be solely and exclusively responsible for any and all costs of the camper and to Indemnify and hold WIFE harmless from any liability arising from same, WIFE agrees to execute title at Pennsylvania Department of Transportation to remove her neme therefrom end to transfer any and all of her rights and Interests In said camper. page 6 of 9 13, PENSION, The parties aCknowledge that dUring the marrlllge HUSBAND became the owner of a pension plan with the Pennsylvania State Employes' Retirement System ("PSERS"), The parties further acknowledge that at the tlmo of separation the pension fund WllS not vested and had a balance of sixteen thousand two hundred seven dollars and eighty-five cents ($16,207,85), The parties agree that HUSBAND shall retain sole ownership of the pension plan, 14, APPLICABILITY OF TAX LAW TO PROPERTY TRANSFERS, The parties hereby agree and express their Intent that any transfer of property pursuant to this Agreement shall be within the scope and applicability of the Deficit Reduction Act of 1984 (hereinafter referred to "the Act"), specifically, the provisions of said Act pertaining to transfers of property between spouses or former spouses, The parties agree to sign and cause to be flied any elections or other documents required by the Internal Revenue Service to render the Act applicable to the transfers set forth In this Agreement without recognition of gain on such transfer and subject to the carry- over basis provisions of said Act. 15, WAIVER OF ALIMONY, ALIMONY PENDENTE LITE AND LEGAL FEES, Each party hereby waives any right to alimony and/or alimony pendente lite, The parties agree to be responsible for their own attorney's fees, 16, CUSTODY, The parties agree that WiFE shall have primary custody of the two minor children, HUSBAND shall have partial custody on alternate Saturday afternoons from 4:00 p,m, to 6;00 p,m" and on other occasions upon mutual agreement of the parties, The parties agree that if one of the parties must reschedule a visitation, said party will notify the other within a reasonable time, 17, INCOME TAX RETURNS, The parties agree 10 file separate state and federal income tax forms for 1999. 18, APPLICABLE LAW, This Agreement shall be construed In accordance with the laws page 7 of 9 of the Commonwealth of Pennsylvania which are In effect AS of the date of the execution. of this Agreement. 19, AGREEMENT BINDING ON HEIRS, This Agreement shall be binding and shall Inure to the benefll of the parties hereto and their respective heirs, executor$, administrators, successors and assigns, 20, INTEGRATION, This Agreoment constitutes the entire understanding of the parties and supersedes any and all prior agreements and negotiations between them, There are no repreuentatlons or warranties other than those expressly set forth herein, 21, NO WAIVER UPON DEFAULT, This Agreement shall remain In full force and effect unless and until terminated under and pursuant to the terms of this Agreement, The failure of ellher party to Insist upon strict performance of any of the proviSions of this Agreement shall In no way affect the right of such party hereafter to enforce the same, nor shall the waiver of any default or breach of any provisions heroof be construed as a waiver of any subsequent default or breach of the same or similar nature, nor shall It be construed as a waiver of strict performance of any other obligations herein, 22, SEVERABILITY, If any term, condition, clause or provision of this Agreement shall be determined or declared 10 be void or Invalid In law or otherwise, then only that term, condition, clause or proviSion shall be slrlcken from this Agreement and In all other respects this Agreement shall be valid and continue In full force, effect and operation, likewise, the failure of any party to meel her or his obligation under anyone or more of the paragraphs herein, with the axceptlon of the satisfaction of the conditions precedent, shall In no way avoid or alter the remaining obligations of the partllls, 23, BREACH. If either party breaches any provision of this Agreement, the other party shall have the rl9ht, at his or her eiection, to sue for damages for such breach or seek such other remedies or relief as may be available to him or her, and the pal1y breaching this contract shall page 8 of 9 .~ It) '>" 0.:.' l; " f-~' ~,Q (', .. 0'" rt(,M, (l. Clr ~?l[?;' 5-!\/) 0.. ( (. ....:. \.J. (,.-, , (...1 V' () JANICE, WIRT, Plalnllff v, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO, 99. "I 'I J' CIVIL TERM CIVIL ACTION. LAW IN DIVORCE ROBERT C, WIRT, Defendant CQMPLAINT IN DIVQBQ1; 1, Plaintiff Is Janice E, Wlrt, an adult individual who.. CUITent mailing addre.. Is 113 Nlltany Drive, Mechanlcsburg, Cumberland County, Pennsylvania 1'T0!J6, 2, Defendant Is Robert C, Wirt, an adull Individual whose cum.nt mailing address Is 1 Pleasant View Road, Mechonlcsburg, Cumberland County, Pennsylvania 17056, 3, Plaintiff has been a bona fide resident In the Commonwealth for at I..s' six months Immediately prflvlous to the filing of this complaint. 4, Plaintiff and Defendant were manild on January 9, 1982 In Glendale, Arizona, 5, The following children were bom of the maniage: Heather Joanne Age 15 years Age 13 years James Ryan 6, There has been no prior action for divorce or annulment between the parties, 7, Plalnllff has been advised of the availability of counseling and the right to requesl that the Court require the parties to partlolpate In coun..Ung. 8, Defendant III not a member of the Armed Servlcel, 9, Plalnllff avers that the ground on which the action Is based Is Irretrievable breakdown of the maniage, WHEREFORE, Plalnllff requests the court to enter a Decree In Divorce dissolving the maniage between the parties pursuant to Secllon 3301(0) 01 the Divorce Coda of 1980, as amended, r _,,,,\r..~~ toe .(e \tu' al\a ~ ~,o 00<<'<9'.'(\\ 'l\ 0\,,0 ~.\,((!.'(\\' ,,,. ,\,,~ ~ \"a\ ,a'" .. ............~ ",*. ,..."... 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