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HomeMy WebLinkAbout99-00473 . . . . . . . . . . . . , . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . , . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . t .. .. .. .. t t + .. + .. .. .. 0+ t .. .. t .. t t t t .. t t ~ t .. .. t t t t t .. .. t .. t t t t . t .. t t t . .. t t .. t .. .. t .. t t t .. IN THE COURT OF COMMON PLEAS SHERRI L. ERa, OFCUMBERLANDCOUNTY .,~~ ~.~ -/ f_....." ,~JW$.,;, , \ ~~..:-_/.. STATE OF PENNA, Plaintiff No. 99-473 CIVIL TER-I VERSUS RONALD R. ERa, Defendant DECREE IN DIVORCE AND Now,_.M J, tJ ?,,{ ,2001 ,IT IS ORDERED AND DECREED THAT SHERRI L. ERa , PLAINTIFF, AND RONALD R. ERa , 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; The attached Property Settlement Agreement dated October 16, 2001 shall be incorporated into this Decree in Divorce. AmV a PROTHONOTARY J, .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . :+t++t+t.tt..t.t....M~.+.+t..+...t.ttt+t++.++t++++t.tt.. " .....~-...,.. . , .. PROPERTY SETILEMEfiLAGREl;MENT THIS AGREEMENT, made this /t/' day of tOztit'P--r. -,2001, by and between SHERRI L. ERB, residing at 223 Pennsylvania Avenue, West Fairview, Cumberland County, Pennsylvania, hereinafter referred to as "WIFE," and RONALD R. ERB, residing at POBox 265, Enola. Cumberland County, Pennsylvania, hereinafter referred to as "HUSBAND," WIT N E SSE T H: WHEREAS, the parties were lawfully married on July 9, 1994, in Summerdale, Cumberland County, Pennsylvania; and WHEREAS, in consequence of disputes and unhappy difficulties, the parties have agreed to live separate and apart during their natural lives; and WHEREAS, the parties are desirous of settling their existing property rights including an amicable equitable distribution, assignment and division of their property, which property is considered to be "marital property" as defined in the Divorce Code known as Act 26 of 1980, and amendments thereto enacted into law on February 12, 1988; and NOW THEREFORE, in consideration of the promises and the mutual undertaking herein contained and for other good and valuable consideration, the parties, intending to be legally bound, agree as follows: 1, Seoaration. The parties shall hereinafter live separate and apart, Each shall be free from interference, authority, and control, direct and indirect, by the other as if he or she were single and unmarried, 2, Control of Agreement. The provisions of this Property Settlement Agreement shall govern all past, present, and/or future claims for alimony, support, counsel fees and costs, alimony pendente lite, equitable distribution, or other property rights, and all other claims which the WIFE or HUSBAND has or might have against the other except as set forth hereinafter, 3, Dlvorco, WIFE filed a Complaint in Divorce on January 26, 1999, which is docketed to No. 99-473 in Cumberland County, Pennsylvania, Simultaneously with the execution of this Agreement, the parties agree to sign and file any and all documents necessary to obtain a Divorce Decree under ~ 3301 (c) of the Divorce Code, including but not IImiled to, Affidavits of Consent, Affidavits Waiving Marriage Counseling, and Waivers of Notice of Intent to Seek Divorce under ~3301(c) of the Divorce Code, The parties Intend that this Agreement shalt be Incorporated into any forthcoming Decree in Divorce, 4, Real Prooertv. The parties acknowledge that there is no real property that can be considered marital property subject to equitable distribution, WiFE shall retain exclusive possession of the marital home, which was leased in joint name while the parties were together, HUSBAND agrees to execute any documents necessary to transfer this lease and any utilities that may remain in jOint name to WIFE Individually, if he has not done so already, within five (5) days of the execution of this Agreement. The parties agree that they shall be equally responsibie for any liability in connection with the property, including but not limited to taxes, utilities and rent, for any period of time when they resided in the home together, WIFE shall be responsible for any such liability for any periOd of time when she alone, resided in the home. 5, UGI Stocks. There are approximately 54 shares of common stock with UGI that are titled in HUSBAND'S name and that are marital property, The parties agree that this stock shall be equally divided between the parties as soon as possible, There are also approximately 4.4496 shares of common stock that are titled in HUSBAND'S name and HUSBAND'S sister's name, a portion of which are marital property. The parties agree that HUSBAND'S y. of this stock, or approXimately 2,2248 shares shall be equally divided between the parties as soon as possible, The parties agree that it shall be HUSBAND or HUSBAND'S counsel's responsibility to facilitate this stock transfer, Furthermore, the parties shall equally divide any costs, expenses, fees, taxes, penalties, andlor charges of any kind whatsoever associated herewith. The parties do not contemplate that the shares of stock will be liquidated, rather they will simply be divided between the parties as specified above, In the event that one party elects to liquidate his or her shares, that party shall be solely responsible for any and all costs, fees, expenses, taxes, penalties, or charges of any kind whatsoever in connection with the same, HUSBAND agrees to immediately sign whatever documentation is needed in order to facilitate this transaction, 6, Spousal Support / Alimony. There is a Support Order currentiy in effect through the Cumberland County Domestic Relations Office, PACSES Case No. 313100675, The parties acknowledge that the Spousai Support component of this Order will terminate upon the entry of a Decree in Divorce, The arrears, if any, shall not be waived, but shall be due and owing to WIFE and shall be paid in monthly increments not less than the amount of the current Spousal Support Order until such time as they are paid in full, 7, fInplovee, Pension and Retiremont Benefits. The parties acknowledge that HUSBAND Is the owner of a Retirement Income Plan for Employees of UGI Utilities, Inc" and WIFE is the owner of a Highmark Retirement Plan, The parties further acknowledge that they are satisfied with the disclosures made regarding these retirement plans and the funds contained therein, The parties represent that there are no other retirement plans in existence that can be considered marital property subject to equitable distribution, Each party shall retain as his or her sole and separate property, any individual retirement account, andlor retirement benefit plan (including but not limited to pension or profit sharing plans, deferred compensation plans, defined benefit plans, 401 (k) plans, employee savings and thrift plans, IRA's, annuities, or other similar benefits), whether vested or non-vested. The above shall specifically include a waiver of any spousal annuity benefits andlor beneficiary designations thereunder, Furthermore, each party shall be and remain the sole owner of any other asset in his or her control not specificaily covered by other provisions of this Agreement. Should it become necessary, each party agrees to immediately sign any documents necessary to give effect to this section upon request of the other party, 8, Personal ProDertv. All personal property has been divided to the parties mutual satisfaction, Each party shall retain all items of tangible personal property currently in their possession as if it were their sole and separate property. Neither party shall make any claim to any such items of marital property, or of the separate personal property of either party which are now in the possession or under the control of the other, Furthermore, each party agrees to waive any right, title, andlor interest they may have to the property in the possession of the other, Should it become necessary, the parties each agree to sign upon request, any titles or documents necessary to give effect to this paragraph, 9, Automobiles. There is a 1988 Plymouth Voyager titled in HUSBAND'S name, which shall remain HUSBAND'S sole and separate property, subject to any and all liens andlor encumbrances thereupon for which he shall bear sole financial responsibility, There is a 2001 Nissan Quest titled in WIFE'S name, which shall remain WIFE'S sole and separate property, subject to any and all liens andlor encumbrances thereupon for which she shall bear sole financial responsibility. The parties agree to indemnify and hold the other harmless with respect to any encumbrance on their respective vehicles. Each party agrees to waive any right, title or interest he or she may have in the vehicle of the other, and promptly sign within ten (10) days of the execution of this Agreement, any and all documents necessary to effectuate the provisions of this paragraph, 10, Bank Accounts. Any and all joint bank accounts in the parties' names which existed at separation have been previously divided to both parties' mutual saliSfaction, More specifically, WIFE shall retain the savings account with Summerdale Credit Union as her sole and separate property, and HUSBAND shall retain the checking account with Members First as his sole and separate property, Furthermore, each party agrees to waive any right, title or interest he or she may have in the bank account of the other, 11, Erb's Air Conditioning and Refrigeration. HUSBAND operated a business known as Erb's Air Conditioning and Refrigeration during the marriage, The parties acknowledge that WIFE was not involved in any part of this business, nor did she have any specific knowledge whatsoever regarding its interworkings. HUSBAND shall be solely responsible for any and all liabilities in connection with the business, and HUSBAND agrees to indemnify WIFE and hold her harmless with respect to any claim against or debt owed by him or the business, Likewise, HUSBAND shall be entitled to receive and retain any and all proceeds generated from the business as his sole and separate property, free and clear of any right, claim, title and/or interest of WIFE, 12. Credit Card Debt. There was a Discover credit card in joint name, however all charges on this card belonged solely to HUSBAND and were in connection with his business referenced in Paragraph 11 above, HUSBAND represents that this liability is satisfied in full, The parties agree to immediately cancel this card if it has not been canceled already, or to immediately remove WIFE'S name from the card, and therefore any and all liability in connection therewith, In the event that WIFE'S name is removed from the card and HUSBAND retains it, he agrees to be solely responsible for timely payment in full of any and all debt on the card, and to indemnify and hold WIFE harmless with respect to any nonpayment of the above debt. In the event the card is still in existence and is still in joint name, HUSBAND agrees not to make any additional charges until the balance has been paid in full and WIFE'S name can be removed from any liability in connection therewith, HUSBAND agrees to immediately execute whatever documents necessary with the Discover Card company in order to effectuate the provisions of this Paragraph and to provide WIFE with verification that either her name has been removed from the credit card, or that the card has been canceled, - The parties acknowledge this credit card debt belongs solely to HUSBAND and he shall be solely responsible for repayment of the same, Any other credit card debt in existence shall be the sole and separate responsibility of the person who incurred such debt, and that person shali indemnify and hold the other harmless with respect to any and all liability in connection with the same, More specifically, the Visa cards HUSBAND had prior to marriage, UGI credit card, Members First credit card, and Blazer credit card shall be the sole and separate responsibility of HUSBAND, The Sears card, Good's Furniture card, and credit card consolidation loan shall be the sole and separate responsibility of WIFE, 13, Life Insurance. Each party shall retain as their sole and separate property, any life insurance policies, specifically including the cash surrender value, of which they are the owner, The parties agree that no beneficiary changes shall be made until entry of the Divorce Decree, 14, Miscellaneous Debt. Any debt not specifically listed in this Agreement or incurred after the date of separation shall be the sole and separate responsibility of the party who incurred it. 15. Agreement Executed Voluntarily and Clearly Understood. Each party to this Agreement acknowledges and declares that he or she respectively: A, If 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, free from fraud, undue infiuence, 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, Acknowledges that there has been a full and fair financial disclosure by both parties, and fully and completely understands each provision of this Agreement. 16, Release of All Claims, Each party releases the other from all claims, liabilities, debts, obligations, actions and causes of action of every kind that have been or will be incurred. Moreover, neither party is relieved or discharged from any obligation under this Agreement or any instrument or document executed pursuant to this Agreement. 17, Holding Other Party Free and Harmless. HUSBAND hereby warrants to WIFE that he has not incurred and he hereby agrees that he will not hereafter incur any liability or obligation on which she is or may be liable, If any claim or action is brought attempting to hold WIFE liable for any such liability or obligation, HUSBAND shall, at his sole expense, defend WIFE against any such claim or action whether or not founded, and he shall hold her free and harmless therefrom. WIFE hereby warrants to HUSBAND that she has not incurred and she hereby agrees that she will not hereafter incur any liability or obligation on which he is or may be liable, If any claim or action is brought attempting to hold HUSBAND liable for any such liability or obligation, WIFE shall, at her sole expense, defend HUSBAND against any such claim or action whether or not founded, and she shall hold him free and harmless therefrom, 18, Additional Instruments. The parties shall, on demand, execute and deliver to the other, any document, and do or cause to be done, any other act or thing that may be necessary or desirable to effectuate the provisions and purposes of this Agreement. If either party fails, on demand, to comply with this provision, that party shall pay to the other, all attorney's fees, costs and other expenses reasonably incurred as a result of such failure, 19, Full Disclosure. The respective parties do hereby warrant, represent, and declare, and do acknowledge and agree that each is satisfied with the financial disclosures made from the other, The parties acknowledge that although within their right to request, no formal discovery was done in this case, and that they are satisfied with and cognizant of the wealth, income, real and/or personal property, whether jointly or individually titled, estate and assets of the other, and any further enumeration or statement thereof in this Agreement is hereby specifically waived, The parties do not wish to make or append hereto any further enumeration or statement. Each of the parties hereto further covenants and agrees for himself or herself that his or her heirs, personal representatives and assigns, that he or she will never at any time hereafter sue the other or his or her heirs, personal representatives or assigns, in any action or contention, direct or indirect, that there was any absence or lack of full and proper disclosure, The parties specifically acknowledge that they have been advised by their individual counsel of their right to seek such discovery, however have elected to waive the same, Further, both parties waive their right to have the inventory or financial disclosure statement of the other attached hereto, and understand that this Agreement shall not be subject to modification by the Court. 20, Representation of the Parties. WIFE is represented by Johnson, Duffie, Stewart & Weidner, in connection. with the negotiation and preparation of this Agreement. HUSBAND is represented by Tucker, Arensberg & Swartz, Each party has carefully read this Agreement and is completely aware not only of its contents but also of its legal effect. Each party acknowledges and accepts that this Agreement, in the circumstances, is fair and equitable, and that it is being entered into freely and voluntarily, and that the ,.'...........;.. execution of this Agreement is not the result of any duress or undue influence, and that it is not the result of any improper or illegal Agreement andlor Agreements, 21, Waiver of Rights to Other Party's ~. Except as provided for herein, HUSBAND and WIFE each waive any and all right: A. To inherit any part of the estate of the other at his or her death, except as provided herein; B, To receive property from the estate of the other by bequest or devise except under a Will or Codicil dated subsequently to the effective date of this Agreement; C. To act as personal representative of the estate of the other on intestacy unless nominated by another party iegally entitled to so act; D, To act as the personal representative under the Will of the other unless so nominated by a Will or Codicil dated subsequently to the effective date of this Agreement; E, To claim a family allowance in the estate of the other. 22, Containment of Entire Agreement Herein. This Agreement supersedes any and all other Agreements, either oral or in writing, between the parties relating to the rights and liabilities arising out of their marriage, This Agreement contains the entire agreement of the parties, 23, Partial Invalidity. If any portion of this Agreement is held by a Court of competent jurisdiction to be invalid, void, or unenforceable, the remaining provisions shall, nevertheless, continue in full force and effect without being impaired or invalidated in any way, 24, Effect of Reconciliation, Cohabitation or Divorce Decree. The terms of this Agreement shall be incorporated into any Divorce Decree which may be entered with respect to the parties, This Agreement shall survive any such final judgment or Decree of Divorce, Both parties shall have all rights and enforcement under applicable law including the Pennsylvania Divorce Code, This Agreement sh~1I also remain in full force and effect even if the parties effect a reconciliation, cohabitate as Husband and Wife, or attempt to effect a reconciliation, . , 25, Modification. with Pennsylvania law and Agreement. This Agreement shall not be subject to modification except as in accordance with a writing between both parties evidencing their intent to modify the 26, No Waiver of 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 either party to insist upon strict performance of any of the provisions of Ihis Agreement shall not be construed as a waiver of any subsequent default of the same or similar nature, 27, Attornevs Fees and Expenses. Each party shall be responsible for their own attorneys fees and expenses, 28, Mutual Coooeration, Each of the parties shall, on demand, execute and deliver to the other, any deeds, bills of sale, quit claims, assignments, consents, tax returns, and other documents and do or cause to be done any other acts or things as may be necessary or desirable to effectuate the proVisions and purposes of this Agreement. If either party fails on demand to comply with this provision, that party shall pay to the other all attorney's fees, costs and other expenses reasonably incurred as a result of such failure. 29. Bankruotcy. Each of the parties acknowledges and agrees that with respect to the liabilities each is required to assume and pay under the provisions of this Agreement, each has the ability to fulfill his or her respective obligations from income or property not reasonably necessary to be expended for such party's maintenance and support or for the maintenance and support of such party's dependents, Should either party file a Petition under Title XI of the United States Code, or should a petition be filed against either involuntarily, each party acknowledges and agrees that the obligations under the terms of this Agreement shall be satisfied in full and shall not be discharged in the bankruptcy, Furthermore, each party acknowledges and agrees that the discharge of the debtor party's obligations under this Agreement will not result in a benefit to the debtor party that outweighs the detrimental consequence to the non-debtor party. 30, Law of Pennsylvania Ap-plicable, This Agreement shall be construed in accordance with the laws of the Commonwealth of Pennsylvania, 31, Date of Agreement. The effeclive date of this Agreement shall be the date on which the last party executes the Agreement if the parties do not execute the Agreement on the same date, Otherwise, the effective date will be the date that both parties execute the Agreement if they execute on the same date. ,- Cl .... tT: f-, ..:.1. ~5 1-- -- n u...! C-" :) ~.2 ( ) "':... ':::... ..... _oj , " l' , 0 c d S.~, C'.~. -:.'! :~? ..,! f-- i' : :~'-': L~I , CO ,~ ,". ... c:.; -" -<0 1./. ::) <:) <::) (:J SHERRI L. ERE, IN nlE CCXJRT OF CCMo1ON PLEAS OF CUMBERLAND CCJUNT'{, PENNSYLVANIA NO. 99-473 CIVIL TERM Plaintiff vs. RONAill R. ERE, Defendant PRAECIPE TO TRANSMIT RECORD To the Prothonotary: Transmit the record, together with the following information; to the court for entry of a divorce decree: 1. Grounds for divorce: irretrievable breakdown under Section 3301 (cl ~ of the Divorce Code. (Strike out inapplicable section) Certified mail, restricted delivery 2. Date and manner of service of the complaint: to the Defendant on January 27, 1999 and received by the Defendant on February S. 199.9. 3. Ccmplete either Paragraph A. or B. A. Date of execution of the affidavit of consent required by Section 3301 (cl of the Divorce Code: by the plaintiff October 12, 2001 October 16, 2001 by the defendant B. (1) Date of execution of the plaintiff's affidavit required by Section 3301 (dl of the Divorce Code: (2) Date of service of the plaintiff's affidavit upon the defendant: 4. Related claims pending: The Property Settlement Agreement dated October 16,- 2001 shall be incorporated into the Decree in Divorce. 5. Indicate date and manner of service of the notice of intention to file praecipe to transmit record, and attach a copy of said notice under Section Waiver of Notice filed concurrently herewith and 3301 (d)(l)(i) of the Divorce Code signed by Plaintiff on October 12, 2001 and by Defendant on October 16, 2001 ~~b1(~~ Attorney for' Plaintiff/~ Keirsten W. Davidson Atty ID #78243 . >- C) ..... co; E:;: j:::: "'- (:) -:) ..1"' tJ_I_.. ()S ~~r~- '..J;f: i:.:i ;~ ~:- 0... ::J::'j "- ....1.... ... '.0 .~~~~ ~:- '" "Y"-.- -~- fZ' ~.! 1-' ;jIU..J '-' lJcL ,. e IL :.::J 0 C) U ., ... Johnson, Duffie, Stewart & Weidner By: Keirsten W, Davidson 1.0, No, 78243 301 Market Street p, 0, Box 109 Lemoyne, Pennsylvania 17043.0109 (717) 761-4540 Allomeys for Plaintiff SHERRI L. ERB, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO, qq -/..j7J CIVIL TERM CIVIL ACTION - LAW IN DIVORCE v, RONALD R. ERB, Defendant NOTICE TO DEFEND AND CLAIM RIGHTS You have been sued in court, If you wish to defend against the claims set forth in the following pages, you must take prompt action, You are warned that if you fail to do so, the case may proceed without you and a decree of divorce or annulment may be entered against you by the court, A judgment may also be entered against you for any other claim or relief requested in these pages by the Plaintiff, You may lose money or property or other rights important to you, including custody or visitation of your children, When the ground for the divorce is indignities or irretrievable breakdown of the marriage, you may , request marriage counseling, A iist of marriage counselors is available in the Office of the Prothonotary at the Cumberland County Courthouse, Carlisle, Pennsylvania, IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY, LAWYER'S FEES OR EXPENSES BEFORE THE DIVORCE OR ANNULMENT IS GRANTED, YOU MAY LOSE THE RIGHT TO CLAIM ANY OF THEM, YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE, IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP, Cumberland County Bar Association 2 Liberty Avenue Carlisle, Pennsylvania 17013 Telephone: (717) 249-3166 i I , i I i I~ I .:." >- c , (r >. ..,. ..=J r-' , " U_I~~ i-:': .' ., 0-' .. i ..;- p:~. ~' -,.-. 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