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HomeMy WebLinkAbout99-00416 ". " J (I) is represented by counsel, (Rebecca R, Hughes, Esquire for WIFE and Joseph D, Buckley, Esquire for HUSBAND) of his or her own choosing; or if not represented by counsel, understands that he or she has the right to counscl; (2) is fully and completely inlbnned of the facts relating to the subject matter of this Agreement and of the rights and liabilities of the parties; (3) enters into this Agreement voluntarily after receiving the advice of counsel, or chooses not to consult an attorney; (4) has given careful and mature thought to the making of this Agreement; (5) has carefully read each provision of this Agreement; and (6) fully and completely understands each provision of this Agreement, both as to the subject matter and legal effect. This Agreement shall become effective immediately as of the date of execution, 5, It is the purpose and intent of this Agreement to settle forever and completely the interest and obligations of the parties in all property that they own separately, and all property that would qualifY as marital property under the Pennsylvania Divorce Code, Title 23, Section 330I(e), and that is referred to in this Agreement as "Marital Property", as between themselves, their heirs and assigns, The parties have attempted to divide their Marital Property in a manner that conforms to a just and fair standard, with due regard to the rights of each Party. The division of existing Marital Property is not intended by the parties to constitute in any way a sale or exchange of assets, and the division is being effected without the introduction of outside funds or other property not constituting a part of the marital estate. It is the further purpose of this Agreement to settle forever and completely any obligation under the Pennsylvania Divorce Code relating to spousal support or alimony. 3 ", ~i 6, Each party rcprescnts and warrants that he or she has made a full and fair disclosure to the other of all of his or her property interests of any nature, including any mortgage, pledge, lien, charge, security interest, encumbrance, or restriction to which any property is subject. Each party further represents that he or she has made a full and fair disclosure of all debts and obligations of any nature for which he or she is currently liable or may become liable. Each further represents and warrants that he or she has not made any gifts or transfers for inadequate consideration of Marital Property without the prior consent of the other. Each Party acknowledges that, to the extent desired, he or she has had access to all joint and separate State and Federal Tax Returns filed by or on behalf of either or both Parties during maITiage, 7. REAL ESTATE: WIFE hereby agrees to transfer all right, title and interest in the property known and numbered as 445 Run Road, Carlisle, Cumberland County, Pennsylvania to HUSBAND. WIFE agrees to execute a deed within thirty (30) days from the date of the execution of this Agreement transferring any marital interest she may have in the property into HUSBAND's name individually, and HUSBAND agrees to assume all liability for and indemnitY WIFE against the mortgage currently against said residence, and agrees to be solely responsible for the payments associated with said mortgage, HUSBAND further agrees to have WIFE removed as a responsible party from the current mortgage within 60 days from the transfer of the deed, WIFE agrees to pay one half of the the fees required by the mortgage company to have her name removed as a responsible party from said mortgage, In the event HUSBAND does not remove WIFE's name from the mortgage within 60 days from the transfer of the deed 4 '. ..' into HUSBAND's name individually, then HUSBAND shall immediately list the property lor sale with a reputable realtor, and shall make a good faith effort to sell the property at a price as recommended by the realtor. In the event the property docs not sell within a reasonable amount of time, HUSBAND shall lower the price as necessary to facilitate a sale, At the time the property is sold, HUSBAND shall retain the proceeds Irom the sale, or, if a loss is recognized, shall be responsible for any delieit. 8, SUPPORT and INCOME TAXES: Both parties hereby waive and forego all financial and material spousal support from each other and agree not to request or seek to obtain alimony or spousal support before or after any divorce which may be granted. The parties hereby agree to file income tax returns separately for 1998 and following, 9, PERSONAL PROPERTY: The parties agree that the personal property has been divided to the parties' mutual satisfaction, WIFE hereby waives all right and title which she may have in any personal property of the HUSBAND. HUSBAND likewise waives any interest which he has in the personal property of the WIFE. Henceforth, each of the parties shall own, have and enjoy independently of any claim or right of the other party, all items of personal property of every kind, nature and description and wherever situated, which are then owned or held by or which may hereafter belong to the HUSBAND or WIFE with full power to the HUSBAND or the WIFE to dispose of same as fully and effectually, in all respects and for all purposes as ifhe or she were unmarried, 5 ". ~: 10, AUTOMOBILES: HUSBAND agrees to convey any and all interest which he may have In the 1998 Toyota 4-Runner currently in the possession of WIFE, WIFE shall remove HUSBAND's name from the loan on the 1998 Toyota 4-Runner, and shall do so within fifteen (15) days of the execution of this Agreement. WIFE shall be responsible for all insurance anci payments associated with said vehicle, and shall hold HUSBAND hannless for the same. WIFE hereby agrees to transfer to HUSBAND any and all interest which she may have in the 1989 Toyota 4-Runner currently in the possession of HUSBAND, HUSBAND shall remove WIFE's name from the loan used to purchase said vehicle, and shall do so within fifteen (15) days of the date of the execution of this Agreement. At the time of transfer of said interests, HUSBAND shall be responsible for any and all insurance on said vehicle being transferred to him,his assigns or any party designated by him.. In the event HUSBAND is unable to refinance said loan within fifteen (15) days of the date of the execution of this Agreement, then HUSBAND shall transfer all interests, possession and the title of the 1989 Toyota 4-Runner back to WIFE, and WIFE shall be responsible for said loan, II. MARITAL DEBTS: It is hereby agreed that HUSBAND shall assume all liability for and indemnify WIFE against the VISA card and Bryn Mahr Stereo card. WIFE shall assume all liability for and indemnify HUSBAND against the Bon Ton card and the Penneys Card. 6 ", ~.. With the exception of the above, it is further mutually agreed by and between the parties that WIFE shall assume all liability for and pay and indemnify the HUSBAND against all debts incurred by WIFE after the date of separation. WIFE represents and wan'ants to HUSBAND that since the parties' marital separation she has not contracted or incurred any debt or liability for which HUSBAND or his estate might be responsible and WIFE further represents and warrants to HUSBAND that she will not contract or incur any debt or liability after the execution of this Agreement, for which HUSBAND or his estate might be responsible, WIFE shall indemnify and save HUSBAND harmless from any and all claims or demands made against him by reason of debts or obligations incurred by her. HUSBAND shall assume all liability for and pay and indemnify the WIFE against all debts incurred by HUSBAND after the date of separation, HUSBAND represents and warrants to WIFE that since the parties' marital separation he has not contracted or incurred any debt or liability for which WIFE or her estate might be responsible and HUSBAND further represents and warrants to WIFE that he will not contract or incur any debt or liability after the execution of this Agreement, for which WIFE or her estate might be responsible. HUSBAND shall indemnifY and save WIFE harmless from any and all claims or demands made against her by reason of debts or obligations incurred by him, 12. INSURANCE AND EMPLOYEE BENEFITS: The parties agree that any life insurance policies on the life of HUSBAND or WIFE or any other employee benefits, including but not limited to retirement, profit sharing or medical benefits of either party, shall be their own. WIFE waives all right, title and claim to HUSBAND's employee benefits, and HUSBAND waives all right, title, and claim to any of WIFE'S employee benefits, 7 '. -, 13, BENEFITS AND BANK ACCOUNTS: WIFE agrees to waive all right, title and interest which she may have in the savings or checking or any other bank accounts of the HUSBAND, and HUSBAND agrees to waive all interest which he has in the bank accounts of the WIFE, 14, BREACH: If either party breaches any provision of this Agreement, the other party shall have the right, at his or her election, to sue for damages for such breach or seek such other remedies or relief as may be available to him or her, and the party breaching this contract should be responsible for payment of legal fees and costs incurred by the other in enforcing their rights under this Agreement. 15. ADDITIONAL INSTRUMENTS: Each of the parties shall from time to time, at the request of the other, execute, acknowledge and deliver to the other party any and all further instruments that may be reasonably required to give full force and effect to the provisions of this Agreement. 16. VOLUNTARY EXECUTION: The provisions of this Agreement and their legal effect have been fully explained to the parties by their respective counsel, and each party acknowledges that the Agreement is fair and equitable, and that it is being entered into voluntarily, and that it is not the result of any duress or undue influence. The provisions of this Agreement are fully understood by both parties and each party acknowledges that the Agreement is fair and equitable, 8 -- c> ~- (~.; -, ...~.. t...J :"'5 r I , : , " ..~ :.' } ~ - . ( c;: : , I , ,~ ,'- - I ,-.., _:) ~ , c.J ~ ..'...,..'.@..-~,.., ""...'-", .:, ,,,,):.: .' '" [~ ;-;.~ lU(? ( ) .~. 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'"' ~S<ll:e~ ~ 1i:~ .~ ~~ ' ....s sSJ, . . . ~~ ,:I: >, . ~g , UOI' '"' ! .,.,'.. ~ 'U i l'-<U ~l " ~ ~:~ ~.~ ~ . J:! '" '~.> ...,.~ .~. ~..~~. ~; . ~.,~.~ j ~ ~. : ,~':,~ < '. . ti', ~" ...r ~'l\ II: (f) "~ '~:,~ ~i' -:' ; \~ -. ......... '-- . It)',, <. MM' Z " ~~." <: NO),,'" >" ",~." ~ 0)C\j .. t[f,;'.::' '~ '" ':i','.""'- a: . .' . ~... '(j",,, JANICE M. R.1 UDABA UGI/, Petitioner : IN TIlE COURT OF COMMON PLEAS OF :CUMBERLAND COUNTY, PENNSYLVANIA v. CIVIL ACTION - LAW HARRYG. RAUDABAUGH, Respondent NO. 99- 416 CIVIL TERM PROTECTION FROM ABUSE TEMPORARY PROTECTIVE ORDER AND NOW, this 2, t~y of January, 1999, upon presentation and consideration of the within Petition, and upon finding that JANICE M. RAUDABAUGH, now residing in Cumberland County, Pennsylvania, is in immediate and present danger of abuse from the Respondent, HARRY G. RAUDABAUGH, the tollowing Temporary Order is entered, The Respondent, HARRY G. RAUDABAUGH, whose current address is 445 Run Road, Carlisle, Cumberland County, Pennsylvania, is hereby enjoined trom physically abusing the Petitioner, JANICE M. RAUDABAUGH, or placing her in fear of abuse, is ordered to stay away trom any location where she may reside, to refrain from stalking the Petitioner, and is fllliher ordered to stay away trom her place of employment, CTS Reeves located on West North Street, Carlisle, Pennsylvania, The Respondent is hereby notitied that if he fails to follow this Order, he may be in indirect criminal contempt which is punishable by a fine not to exceed S I ,000.00 and/or by a sentence of up to six months in jail and any other appropriate punishment. be held on this matter on the '5:01- This Order shall remain in effect until a final order is entered in this case, A hearing shall :::Jd o./l-t'-'L.L<-j day ofJun~!u), 199<r, at J: 30 p.m. in Courtroom No. J , Cumberland County Courthouse, Carlisle, Pennsylvania. ~ N i;; ~ (j 1-'- CJ~ wO .. :;:;.. d:!. ~i5 is::'; ~ :z:: .-7 !.J...?: ' )-- n -- n.. ~;3 0 6?r ~ N .->- 0 ~'J. :'I~ (J) -ll1 ..j;;;' ~ LL:t.: -, !!-:z , ,-- =: ~dlU <'- ~ -, e'iCl.. ~ r:i.. en :5 en ()