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Home My WebLink About99-00279 ~~ri'.""", ";-",,,,_".,_.~_ri.,,_~._,_.__~,",,-~.r~'_~__ 0" -- -----.~'"'~~',r~'"" KAREN H. PETERSON, Plaintiff : IN THE COllRT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA v. : NO, 99-279 RICHARD L. PETERSON, JR, Defendant : CIVIL ACTION. LAW : IN DIVORCE ACCEPTANCE OF SERVICE I. RICHARD L. PEn:RSON, JR., hereby personally accept service and acknowledge receipt of the above-captioned Complaint in Divorce, having received said Complaint on the 11..&. day ofJanuary. ) 999, If? ;J ') I . \[<'IIGc~ j, I",/tl "6>" Q.., ' RICHARD L. PETERSON, J~ ,i ,-""'11' MARITAL SnTLEM.:NT AG/{EEMENT 1/-; TH/.\'AfiREEMHNT, made this {fl_ day Of_J'l2tlY.~_____ 1999, by und between RICHARD L. pr,n:RSON, JR., Iwrcinaflcr rcterrcd to as "HUSBAND", and KAREN H. PETERSON, hcrcinullcr rcfcl'I'cd to liS "WIFE". W/TNESSIlTH, Thin WI/EREAS, th~ partics hercto firc husbllnd und wite, hllving been lawfully joined in marriage on June 30, 1980, in West Islip, New York. WHEREAS, two children wcre born of this marriage; ERICA LEE PETERSON, born August 13, 1981 und BRIAN MICHAEL PETERSON, born April 14, 1983. WHEREAS, it is the intcntion ofthc parties to settle fillly and tinally their respcctive financial and property rights IInd obligations as bctwcen cach other arising OI.lt of the marriage relationship or otherwise, including without limitation ( I) the settling of ullmattcrs bctween them relating to the oWlIcrship ofrcfil and pers;ma! property; (2) the settling of all matters between them relating to thc past, prcsent und futurc support und/or maintenancc of HUSBAND and WIFE; (3) the scttling of all matters between them relating to the past, prcsent and future support 01' maintenancc ofthcir minor childrcn, und (4) thc settling of all matters bctwcen them relating to any and all rights, titles and interests, claims and possible claims in 01' against thc cstatc of thc other. NOW THEREFORE, with thc flJ1'cgoing rccitals bcing hcrcinallcr incorporatcd by refercnce and decmed an csscntial part hercof in considerlltion of the foregoing rccitals, the , "'I,c.v...Qf~~\"'L . \, __ "", "" ' ",II ,,d (.,,,,,,rt"~"" o and ""W\:'. lleclare \ha\ \hc'i I\a"c \\,,59'" ' "WI' h" """ ",,,,,,,,,.,, "icc of cO\lnscl of \I\cil' selec\lon. ~ ""'." ,,d"""" "", ,d .' "" ,,,,,,,,,,, "hi"'''''''' ,.,,' . Ic_S\llli\'al\, ESlI\llrc n\JSBA ",,,"'.'" '" ."h'" "m, ' . \I ",O'i """""",,,,'''' ,''' (." \ hc l\aS choscn no\ \0 tC\aln all a ",,,,,,,~I ''''' .,d ,,,,,,,, ,,,,. . h' '" h' -" '" '" " .,,,,,,,,, . I \ Id hin\ \ha\ I\c haS al\ aosohl\e fig ,M' .\1""" '" ""," ," ' .' ,d' '" ."h hi' "W" , \C dircc\I" ",1\\\ CO\lnse a , \ all \0 nego\la ) \ \\ \J 59 ,"" h" ,"'... "" . . ",,,, '" ",II, """,,,,,,,,,, , " \ d \\'Ia\ hc has done sO "'11\lngl'! I\n ,\lIS","" """" ""''''',,'' ,,, C,~\I ,,,,,,,, ,h" ~"", h' "", " d alld undcrs\ands that had a ' ,,,,, ..' '" "". ",II, ",,,,,,, "" SO'"" ."".,'~, """,,, , ,tlcd for in this I\gtCen\Cn\. ' IcSs \han IS \'lro~1 I' A' of M'" ''','''''' .""" '" . h"" '" ," ,,' ,I< '" ,.'" , ' c\; 01 his Icg,al rel,{CsCI\\a\lOI\ as a ' """hi', " on" '" ".,,,, ,M " " ''''" ,.. ",II, "~,,,"" ,M" ",Iellgc and agtee \a \ rt'~ ",rt "" ,,''''' f h " ,h" """"" \\0" ,. " . . r ,,"" '" "" ,,,,,,,,,, ., . 0 \\\0 o\\lCr, illcluding \\\CII' assc\S, la ",1""'''' ,,,,,,,,.. "",,""" , . .." ""h """"",,,,,,,d .11' ""h , c~ \ha\ 1\I,\cr ha\'ll\g tccel\'c ' \\'Ic nar\ics aC\;I\o,\'lcdge a\\d 1\g,IC ..' , I I \ha\ i\ \~ I\cil\g el\\ered intO Ireel'i, y I ' A ce\UI\aO e ane , ,fa\l' NI\Son\\\) c al'" ' . """",,,, ,h" ",,,,,,,,, '" .' hI' M'''''''''' ,,,,,,,,,, "",II .' on, , 'l. A \h\\\ \hC e):.cC\I\IOI\ 01 \ . I,ll lal\\I al'" "",,,.,,,,, ." ,,'~' . ",,,, ""'" ,,-' ,.. COI\\ISiu\\ anll/or 11\\\ltOI '\\ CC coerCIon, dutCSS, \lnd\lc In Ilel\ ' d lot good and "aluable A \1\Aet\a\(h\gs herch\ set forth, a\\ . . "",,,,on'"'''' \ " "n , "" \\\\I\\lallltO\\\ISes, \ < \l.e nar\ics \\cte\O, HU"vt' I d cd 0'1 caC \ 0,\1 l' ' , . \ of ",\\ich is \'Icte\''i ac\;\\O'" e l!> """",,,lOon, """, ' .,d ."" " ,,,II'" , ,I all bo\ll\tI \lCI'COY, co"el\all a\\d """,\,-, eael\ in\c\\dlrlg \0 hc eg '1 , ~ 2. PERSONAL RIGHTS HUSBAND and WIFE may, at all times hcreafter, live separate and apart. Each shall be free from all control, restraint, intertercnce or ~uthority, direct 01' indirect, by thc other in all respects as if she or he were unmarried, except as may be necessary to carry out the provisions of this Agrcement. Each may reside at such place or places as she or hc may sclcct. Each may, for his or her separate usc or benctlt, conduct, carryon and cngage in any business, occupation, profession or employment which to him 01' her may seem advisahle. This provision shall not be takcn, howevcr, to be an admission on the part of either HUSBAND or WIFE of the lawfulness of the causes which led to, or resulted in, the continuation ofthcir living apart. HUSBAND and WIFE shall not molcst, harass, or malign the other Of' the rcspective families of each othcr, nor compel the other to cohabit or dwell in any manner with him or her, nor in any way intcrfere with the pcaceful existence, separate t1'OIn cach othcr. 3. DEBJ'S Each party reprcsents that they havc not contracted any debt 01' liability for thc othcr for which the estatc of the othcr party may bc responsible or liable except as otherwisc provided herein, and that exccpt only for the rights arising out of this Agrecment, neither party will hcreafter incur any liability whatsoevcr for which thc other party or the estate of the other party will bc liable. Each party agrees to indemnity and hold harmless fhlln and against all future obligations of every kind incurred by them, including thosc for ncccssities. 1 4. WAIVER 0[<' APPRA.LSAL ANI!lN..\':E.N'fORY The parties IIcknowledge and IIgree thllt they hllve each had an Opp0l1lll1i1y to value 01' have appraised IIny and all mllritlll property, and they do hereby wllive a lbrmlllllpprnisalllnd inventory of Slime, and no statemcnt or representlltion by either pllrty liS to vlllue shall be deemed a misstatement or misrepresentation to the other or be deemed tj'audulent. 5. MAR'TAL AND.~~MARITAL ASSETS HUSBAND and WIFE do hereby acknowledge that they have heretolhre divided the non- marital assets and marital assets including but without limitation, household items, Jewelry, clothes, till'lliture, and other assets whercver situated whether real, personal or mixed, tangible or intangible, and HUSBAND agrees that all assets in the possession of WIFE shall be the sole and separate property of WIFE; and, WIFE agrees that all assets in the possession of HUSBAND shall be the sole and separate property of HUSBAND. Each of the parties does hereby specit1cally waive, release, renounce and forever abandon whatever claims, If any, he 01' she may have with respect to any of the above said items which are the sole IIJld separate property of the other. This documcnt shall constitute a bill of sale Ihr said sole property. 6. REAL.ElHATE The PllrtiesJointly own property at 331 S Washington Stl'l'et, Mechanicsburg, I'A 17055. said house is not encumbered by any mortgages, loans 01' lien. Said home shllll be the sole property of Wife Simultaneously with the execution oflhis Agreement, HUSBAND shall 4 execute a special warranty deed translerring all his rights, title and interest In this property to WIFE. WIFE shall be solely responsible for all debt associated with the marital residence, 7. MOTOR VElIJCJ&.1l WIFE shall have sole title and ownership of the parties' 1990 Buick Le Sabre, HUSBAND shall have sole title and ownership of the parties' 1987 Jeep Cherokce. HUSBAND shall also have title to the partics' 1989 Honda Accord which he shall hold for the exclusive benefit of the parties' daughter. Title sball be transferred to daughter upon her twentieth birthday HUSBAND shall also have full ownl\rship of his 1981 Suzuki motorcycle and WIFE waives any claim thereon. 8. PENSION AND EMPLOYEIi; BENEFlIS The parties shall maintain sole ownership of any pension bene tit In their Indlvidualnamc3. Specitically, WIFE shall maintain sole interest in her SERS pension account, including all contributions. Wife shall additionally have sole ownershil) of any deterred compensation ollered by hcr employcr HUSBAND studl maintain sole interest in his Federal Pension, as well as his National Guard Pension, Additionally, HUSBAND shall transfer to WIFE his Fidelity IRA annuity, Account No, FC 040623 which ha~ an approximate valuc 01'$20,232.00. HUSBAND shall additionally transfer to WIFE all his rights, title and interest in HUSBAND's Fidelity IRA valued at $13,980,00. This transfer shall occur 10 WIFE as a tax free rollovcr pursuant to the divorce and shall be maintained by WIFE in an appropriate retiremcnt accoulll so as to allow said sums to pass tax frce. 5 thaI either may now or herealler huve agllinst thc other for equitable distribution, alimony, alimony pendente litc, counsel fees, costs IInd expenscs 01' othcr provisions tor their support and maintenance befbre, during and allcr the commcncement of any proceeding tor divorce or IInnulment between the parties. 12. AEI'ERACO\JIRF;() PEIiSONAL I'ROPERU'Ll'1ITIJRE EARNINGS Each of the Pllrties shllll herealler own and C1Uoy independently of any claim or right of the other, all items of personal propcrty, tangible or intangiblc, hereallcr acquired by IIUSBAND or WIFE, with full power in him 01' her to dispose of thc same as fully and etlectively, in all respects and for ull purposes, as though he 01' she were llllmlllTicd< 13. ALlMQNY. SUPPORT AN.D MAINTENANCE Both partics lIcknowlcdge and agree that the provisiollS of this Agrcement providing for cquitable distribution nfmarital propcrly arc fail', adl~quatc and satisfactory to them and are accept cd by them in licu of and in HIli and tinal satisfaction of any claims 01' demands that either mllY now or hereuller havc ugainslthe other Ihr support, maintenance 01' alimony. HUSBAND and WIFE further, voluntarily and intelligcntly, waive and relinquish any right to seck lI'omthe othcr any payment for spousal support, alimony and maintenancc. 14. CtLSI!!PXANP VISLIAIlilli HUSBAND and WIFE shall havc sharcd Icgal and physical custody of the parties' minor childrcn. 7 l~, CWL.D.SUPPORI HUSBAND agrees to pay directly to WIFE Ihe Slllll 01'$76270 pel' month as child support for the parties' two children. This sum shull he reduced to $529.54 per month on August 13,1999 when the partil's' daughter turns eighteen years old and hus graduated thllll high school, This sum is subject to review and modification lly the Domestic Relations Otliee of Cumberland County upon petition of either party, WIFE shall carry medieulund dental insurance coverage on the children as muy he otTered through her employer ut no additionul charge. All nOll-covered medical and dental expenses, including prescriptions, shall be prorated betwecn thc parties by the percenlage of their individual net income as compared to the purties' combined net income. Presently, HUSBAND has 58% of the parties' combined net income. Theretbre, HUSBAND shall be responsible for 58% the children's unreimbursed medical expenses and WIFE 42%. 16. COLU;.G.E FlJNDING FOR CIHLDRI':N HUSBAND and WIFE ucknowtedges that under the current law, neither party are obligated to contribute to post high school edllcution expense of their children. The parties are currently unwilling to commit to uny contractual obligation to puy for said expenses, 17, SliDSEOIJENT IlIVORCF. A decree in divorce, entered by a court of competent jurisdktion to either pal1y, shallllot suspend, supersede 01' aOect the terms of this Agreement Both parties agree to enter u Consent Decree concerning the provisions of this Agreement in the Court of Common Pleas of 8 10. M.UIlIAL.RELMS.:. HUSBAND and WIFE each do hereby mutually remise, release, qul1clllillllU\d forever discharge thc other and tlw estatc of such other, I(lI' all lime to come, nnd Ibr all purposes whntsoever, of nnd f1'olllllny and nil rights, title llnd interests, or clnims in or agninst tho property (including income nnd gnin from property herentlcr aCl'ruing) of the other or against the estate of such other, of whatever nature and wheresoever situate, which she or he now IIRs or at any time herealler may hnve against sucb other, the estate of such other or any part thereot: whether arising out of any fOl'lner acts, contracts, engagements or linbilities of such other or by way of equitable distribution, dower or courtesy, or claims in the nnture of dower or courtesy of widow's 01' widower's rights, family exemption or similar allowance, or under the intestate laws, or the right to take against the spouse's will, or thc right to treat a lifetimc conveyance by the other as testamentary, or all other rights of a surviving spouse to participate in a deceased spouse's estate, whether arising under the laws of (a) Pennsylvllnia, (b) nny State, commonwealth or tcrritory of the United States, or (c) any other country, OJ' and rights which IIUSBAND or WIFE may have or at any time hereatler have Ibr the past, present or Illture support or maintenance, alimony, alimony pendente lite, counscl fees, costs OJ' expenses, whether arising as II result ofthc lIIarital relation or otherwise, except, and only cxccpt, all rights and Agrecments nnd obligntions of whatsoever nntlll'c arising or which may arise undcr this Agrecmcnt or for thc bl'(lach of any thercof Each of the partics hercto furthcr covcnants and agH'es It)!' himself and herself and his or her heirs, ex"cutors, IIdministrntors and assigns, that Ill' or shc willncvcr, at any time hereafter, sue the other party or his or her heirs, exc\:utors, administrators and nssigns. I()r thc purpose (\1' 10 enforcing any of the rights relinquished under this paragraph. Each of the parties fur1her covenants and agrees that he or she will permit any will of the other to be probated and allow administration upon his or her pcrsonal, real or mixcd estate and allow eflects to he taken out by the person or pcr~ons who would havc been cntitled to do so had HUSBAND or WIFE died during the lifetinltl of the other. E/wh of the parties hereby releases, relinquishes and waives lIny and all right to act as executor or executrix or administrator or administratrix of the other's estate. It is the intention of HUSBAND and WIFE to give to each other by the execution of this Marital Settlement Agreement a filII, complete and general release with respeclto any and all property of any kind or Ilature, real. personal or mixed, which the other now owns or may hereafler acquire. except and only except all rights and Agreements and obligations of whatsoever nature arising or which may arise under this Agreement or fbr the breach of any thereof 21. SUCCESSOR'S RIGIITS ANDJJADlLlTIES This Agreement shall, except as otherwise provided herein, be binding upon and inure to the h.lelit of the parties hereto, their respective heirs, executors, administrators, successors or assigns. 12. SEVERAIlILlTY If any provision in this Agreement is held by a COlui of competent jurisdiction to be invalid, void, or unenforceabll\ the remaining provisions shallnevcrtheless oontinue inlllll torce lInd eflcct without being impail't1d or invalidated in any way. II 23. ENTIRE AGBEEME.N.T UUSBAND and WIFE do hereby covenaj!t und W1IITunt that this Agreement contains all of the representations, promises and Agreements mude by either of them to the other for the purpos(;s set forth in the Ilreumbl(l hereinabove; that there ure no daims, promises or represcntations not herein contained, cither oral or written, which shull or may be charged or cnforced Of entbrceable unless reduced to writing und signed by both of the parties hereto. 24. D.l.m!1NG..EEI<:Ecr~.AlY.E.R This Agreement shall remuin in tilll torce und ellect unlcss and until terminated under and pursuant to thc terms of this Agreement. The failure of either party to insist upon strict perfortnunce ofthc provisions of this Agreement shall not be construcd as n waiver of any subscquent detllUlt of the same or similar nature, nor shall such failure be construed us a waiver of any other term, condition, clause or provision of this Agreement 25. JlliEACll If either party bronches any provision of this Agreement, the other party shall have the. right, at his or hcr election, to sue Ihr damages for such breach or seek such other rcmedhls or relief as may be available to him or her, nnd thc party breaching this contract shall be responsible for payment ofreasonablc legal fccs and costs incurred by the othcr in cnforcing their rights under this Agreement. 12 'I " ,- ,-i I:; co: \;~. (W~ ! III ': c,J ) t;,-:! ,) H ",-~ l , p- C) I' ,-. " , ( {-....J u__\. c;~ V ".-: r! '.--::. ~. U, d"l Cl 0',