HomeMy WebLinkAbout99-01963
2.2
It is further specilically undcrstood and agrced that the provision of this
Agrcemcl1l relating to thc cquitllhlc distribution of property of the parties arc accepted by
ellch pllrty liS II linlll sel1lemcnt for all purposes whlltsoever. Should cithcr of the parties
obtain a decree, judgment or order of separation or divorce in any other state, country, or
jurisdiction, each of the partics to this Agreement hereby conscnts and agrees that this
Agrecment and all its covenants shall not be affected in any way by any such separation
and divorce.
2.3
This Agreement shall survive any decrce in divorce and shall be forever binding
and conclusive on the parties. It is understood by and between the parties that this
Agreement shall be incorporated into any decree, divorce or separation, but it shall not be
deemed merged in such decree.
AliTICLE 1Il
EOlflTABLE DISTRIBUTION OF MARITAL PROPERTY
3.1
The parties have al1empted to divide their marital property in a manner which
confonns to the criteria set forth in the Pennsylvania Divorce Code, and taking into
account the following considerations: the length of the marriage; the prior marriages of
the parties; the age, health, station, amount and sources of income, vocational skills,
employability; estate, liabilities, and needs for each of the parties; the contribution of one
party to the education, training or increased earning power to the other party; the
opportunity of each party for future acquisition of capital assets and income; the sources
of income of both parties, including but not limited to medical, retirement, insurance or
other henefits; the contribution or dissipation of each part in the acquisition, preservalion,
dcpreeiation, or appreciation of marital property, including the contribution of a party as
a homemaker; the value of the property set apart to each party; thc standard of living of
the parties established during thcir marriage; the economic circumstances of each party,
including federal, state and local tax ramifications, at the time of the division of the
property is to become effective; and whether the parties will be serving as the custodian
of any dependent minor children.
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3.2
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 propcrty not constituting marital
propcrty. The division of property under this Agreement shall be in full satisfaction of
all rights of equitable distribution of the parties.
3.3
Per,~ol/a[ Property. The parties acknowledge that they have divided their
personal property, tangible and intangible, to their mutual satisfaction. The parties
further acknowledge that they have the cash, accounts, or other tangible and intangible
property in their possession that they wish to have an neither will make any claim
whatsoever against the other party for any other items of personal property or assets that
in other party's possession.
3.4
Life Il/slIral/ce. Each party agrees that the other party shall have sole and
exclusive ownership and possession of any and all life insurance policies owned by the
other pany. Each pany shall have the right to borrow against, cash in policies, change
beneficiaries, and exercise any other incidents of ownership of the respective policies
frec of any right or cluim by the other pany. Each puny agrees to sign any documents
necessary to waive, relinquish, or transfer any rights on such policies to Ihe respective
pany who presently owns such policies.
3,5
Suhoequeut(y Acquired ProlJert).. Husband and Wife agree to waive and
relinquish any and all right that he or she may now have or hereafter acquire in any real
or tangible personal propeny subsequently acquired by the other pany. Husband and
Wife specifically agree to waive and relinquish any right in such propeny that may arise
as a result of the marriage relationship,
3.6
Real Estate. The panics arc currentl)' the joint owners of real estate located at
2580 Spring Road, Carlisle, Cumberland County, Pennsylvania which propeny is held in
the panics' joint names as tenants by the entirety. The propeny is unencumbered at this
time.
Wife agrees that she shall, or prior to execution of this Agreement has, executed a
special warranty fee simple Deed conveying all of her right, title and interest in the
aforesaid real estate to Husband, From the date of execution of this Agreement forward,
Wife shall make no claim of any legal or equitable interest of any nature, whatsoever,
relative to the aforesaid real estate. In the event that there are any judgments, liens or
encumbrances of any nature whatsoever on the aforesaid real estate, Husband shall be
solely and exclusively responsible for the aforesaid debt and shall indemnify Wife and
hold her hannless from and against any and all demands for payment or eollcetion
activity of any nature whatsoever relative to the aforesaid encumbrance.
The parties arc also the joint owncrs of real estate located 123'd Street, Jamaica
Avenue, Hidden Harbor, Building H, Apartment 230, Ocean City, Maryland, which
property is in the parties' joint names as tenants by the entirety. This property is not
encumbered.
Husband agrees that he shall, or prior to execution of this Agreement has,
executed a special warranty fee simple Dccd conveying all of his right, title and interest
in the aforesaid real estate to Wife. From the date of execution of this Agreement
forward, Husband shall make no claim of any legal or equitable interest of any nature,
whatsoever, relativc to the aforesaid real estate. In the event that there arc any
judgments, liens or encumbrances of any nature whatsoever on the aforesaid real estate,
Wife shall be solely and exclusively responsible for the aforesaid debt and shall
indemnify Husband and hold him hannless from and against any and all demands for
payment or collection activity of any nature whatsoever relative to the aforesaid
encumbrance,
3.7
Pension. Retirement. PrQfit-Slrarb'flo Husband agrees to waive, relinquish or
transfer any and all of his right, title and interest he has or may have in any pensions
retained by Wife whether secured through her prior employment, present employment, or
possession. Husband shall make no demands of any nature whatsoever relative to any
equitable or legal ownership interest in the aforesaid vehicle nor shall he make any
request for any type of reimbursement for any interest he had or may have in the
aforesaid vehicle. Similarly. the parties acknowledge that at the time of separation,
Husband retained a certain 1992 Honda Prclude which he has retained in his name alone
and shall continue 10 be his sole and cxclusive possession. It is acknowledged that
Husband has. subsequent to the separation. traded the vehicle or sold the vehicle in order
to purchase a second vehicle. Wife makes no claim to any legal or equitable ownersbip
interest in Ihe aforesaid vehicle nor shall she make any claim of any nature whatsoever
relative to any funds or credit for a trade-in that Husband may have received relative to
the sale ofthe aforesaid vehicle.
Should there be encumbrances of any nature whatsoever currently existing or
outstanding on either vehicle that each party has retained. the party retaining the vehicle
shall retain sole and exclusive responsibility for repayment or payoff of any such
encumbrances. Each party shall indemnify the other and hold him hannless relative any
encumbrances on the vehicle they have retained.
3.9
Intangible Personal Prooerty. The parties acknowledge that they have
previously distributed all intangible personal property to their mutual satisfaction.
Neither party shall make any claim whatsoever relative to any legal or equitable
ownership interest in the intangible personal property retained by the other party. More
specifically, Husband hereby waives, relinquishes, and transfers any and all right, title,
and interest he has or may have in the following accounts:
Cornerstone Federal Credit Union Account - regular savings - account number
800-01
Cornerstone Federal Credit Union Account - regular checking - account number
800-07
Cornerstone Federal Credit Union Account - Moncy Markct account - account
number 800-18
Cornerstone Federal Credit Union Account - Christmas Club account - account
number 800-08
Cornerstone Federal Credit Union Account - savings account - account number
70800-0 I
Cornerstone Federal Credit Union Account - checking account - account number
70800-07
Dauphin Deposit Savings Account - account number 8700-4600850076
Janus Account (non-retirement) - account number 202665385
From the time of execution of this Agreement forward, Husband hereby waives,
relinquishes, and transfers any and all right, title, and interest that he had in any and all
accounts retained in Wire's name alone, including, but not limited to, the accounts set
forth above.
From the time of execution of this Agreement forward, Wife hereby waives,
relinquishes, and transfers any and all right, title, and interest that she has or may have in
any and all financial accounts of any nature whatsoever that existed in Husband's name
alone.
In the event it is necessary for either party to execute any documents to so waive
their interest in such accounts, they will do so within fifteen (15) days of being requested
to do so by the other party or their legal counsel.
ARTICI,F. VI
MISCF.I.I.ANIWVS PROVI!WNS
6.1
Adl'[cl! qf COIII/sel. The parties have been afforded the opportunity to review this
agreemcnt independently and with legal counsel of their choosing thcy havc cither
sccurcd indcpendcnt legal counscl who fully cxplaincd to the respective partics the
contcnts of the agrcemcnt. Thc parties furthcr acknowlcdgc that if they have not sccured
indcpendent legal advicc this is done, not without Jack of knowlcdgc of their right to
rctain Icgal counscl to advisc thcm on this mallcr but by thcir own indcpcndcnt and
voluntary dccision to pursuc this mallcr on their own without thc assistance of legal
counsel. Under circumstances where either party has not retained legal counsel they have
done so based upon their position that they understand the facts and the legal
ramifications as well as the right to obligations under this agreement. They acknowledge
and aecept that this agreement is, under the circumstances, fair and equitable, that it is
being entered into a freely involuntarily after having the opportunity to receive such
advise and with knowledge that the execution of this agreement is not the result of any
duress or undue influence, and further that it is not the result of any collusion or improper
or illegal agreement or agreement.
6.2
COlIl/sel fees. Each party agrees to be responsible for his or her own legal fees
and expenses, and each party hereby agrees \0 waive any claim for alimony, alimony
pendente lite, counsel fees, expenses or costs.
6.3
Mlllllnl Rl'll'nSl'. Husband and Wife each do hereby mutually remise, release,
quitclaim, and forever discharge the other and the estale of such other, for all times to
come and for all purposes whatsoever, of and from any and all right, title and interest, or
claims in or against the property (ineluding ineome and gain from property hereafter
aecruing) of the other or against the estate of such other, of whatever nature and
wheresoever situate, which he or she now has or at any time hereafter may have against
such olher, the estate of such other, or any part thereof, whether arising out of any fonner
acts, contracts, engagements, or liabilities of such other as by way of dower or curtesy, or
claims in the nature of dower or curtesy or 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 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) Pennsylvania, (b) any state, commonwealth or
territory of the United States, or (c) any other country, or any rights which either party
may have or at any time hereafter have for past, present, or future support 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 exccpt, all rights
and agreements and obligations of whatsoevcr naturc arising or which may arise under
this Agreement or for the breach of any thereof. It is the intention of Husband and Wife
to give to each other by execution of this Agreement a full, complete, and general release
with respect to any and all property of any kind or nature, real or personal, not mixed,
which the 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 the breach of any thereof.
6.4
Hal/fmmtel'. The parties agree that any an all financial obligations assumed
herein shall not be subject to discharge through bankruptcy proceedings. This includes,
bat is not limited to, all financial obligations assumed under Paragraph 3.6, 3.8, 4.2 and
5.1 of this Agreement. In the event either party attempts to avoid financial obligations
described hcrein through bankruptcy proceedings the other party shall have an
independent claim against the party claiming bankruptcy for any and all sums that the
other party assumes or is requircd to pay due to the actions of the party claiming
bankruptcy, Further, all rights available to the other party provided for in Paragraph
6,14 hereinafter shall be available to the party not tiling bankruptcy.
6.5
Warral/ties. Each party represents that they have not heretofore incurred or
contracted for any debt or liability or obligation for which the estate of the other party
may be responsible or liable, except as may be provided for in this Agreement. Each
party agrees to indemnify or hold the other party harmless from and against any and all
such debts, liabilities or obligations of every kind, including those for necessities, except
for the obligations arising out of this Agreement. Husband and Wife each warrant,
covenant, represent and agree that each will, now and at all times hereafter, save
harmless and keep the other indemnified from all debts, charges, and liabilities incurred
by the other after the execution date of this Agreement, except as is otherwise
specifically provided for by the temlS of this Agreement and that neither of them
hereafter incur any liability whatsoever for which the estate of the other may be liable.
6.6
No waiver or modification of any of the tenns of this Agreement shall be valid
unless in writing and signed by both parties and no waiver of any breach hereof or default
hereundcr shall bc deemed a waiver of any subsequent defhult of the same or similar
nature.
6.7
Husband and Wife covenant and agree that they will forthwith execute any and all
wriUen instruments, assignmcnts, releases, satisfactions, deeds, notcs or such other
writings as may be neccssary or desirable for the proper implementation of this
Agreement, and as their respective counsel shall mutually agree should be so executed in
order to carry fully and effectively the tenns of this Agreement.
6.8
This Agreement shall be construed in accordance with the laws of the
Commonwealth of Pennsylvania which arc in effect as of the date of the execution of this
Agreement.
6.9
This Agreement shall be binding and shall inure to the benefit of the parties
hereto and their respective heirs, executors, administrators, successors and assigns.
6.10
This Agreement constitutes the entire understanding of the parties and supersedes
any and all prior agreements and negotiations between them. There arc no
representations or warranties other than those expressly set forth herein.
6.1/
Severabilif)'. I f any tenn, condition, clause, section, or provision of this
Agreement shall be determined or declared to be void or invalid in law or otherwise, then
only that tenn, condition, clause or provision shall be stricken 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 meet his or her obligation under anyone
or more of the articles and sections herein shall in no way void or alter the remaining
obligations of the parties,
6.12
It is specifically understood and agreed that this Agreement constitutes and
equitable distribution of property, both real and personal, which was legally and
beneficially acquired by Husband and wife, or either of them, during the marriage as
contemplated by the Divorce Code of the Commonwealth of Pennsylvania,
6.13
Disclosure. The parties each warrant and represent to the other that he or she has
made a full and complete disclosure to the other of all assets of any nature whatsoever in
which party has an interest, of the sources, and amount of the income of such party of
every type whatsoever, and all other facts relating to the subject matter of this
Agreement.
6./4
E'lforuabillty alld Comlderatloll. This Agreement shall survive any action for
divorce and decree of divorce and shall forcver be binding and conclusive on the partics;
and any independent action may be brought, either at law or in equity, to enforce the
teons of the Agreement by either Husband or Wife until it shall have been fully satisfied
and pcrfonned. The consideration for this contract and agreement is the mutual benefits
to be obtained by both of the parties hereto and the covenants and agreements of each of
the parties to the other. The adequacy of the consideration for all agreements herein
contained in stipulated, confessed, and admitted by the parties, and the parties intend to
be legally bound hereby. In the event either party breaches the aforesaid Agreement and
it is detennined through appropriate legal action that the alleged party has so beached the
Agreement, the breaching party shall be responsible for any and all attorney's fees as
well as costs and expenses associated with litigation incurred by the non-breaching party
to enforce this Agreement against the breaching party. In the event of breach, the
non-breaching party shall have the right, at his or her election, to sue for damages for
such breach or to seek such other and additional remedies as may be available to him or
her including equitable enforcement of this Agreement.
IN WITNESS WHEREOF, the parties hereto have set their hands and seals the
day and year first above written.
WITNESSEDiBY~
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LAuRA E. BAER
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undersigned officer, personally appeared LAURA E,
, 1999, before me, the
COMMONWEALTIf OF PENNSYLVANIA
COUNTY OF {A ,...6.'-lL"..;l
On this the 9 '..-A day of
: SS
BAER known to me (or
satisfaetorily proven) to be the person whose name is subseribed to the within Agreement
and aeknowledged that she exeeuted the same for the purposes therein contained.
IN WITNESS WHEREOF, I hereunto set my hand and official seal.
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Notarial Seal
Robin J, GoshOm. Notary Public
Carlisle Boro, Cumber1and County
My Commission Expires Apr. 17. 2003
COMMONWEALTH OF PENNSYLVANIA
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COUNTY OF 1-./t2<';t2/2--"Y'- :
On this the /3 'I/- day of .> c:/I~rJ/t:t/2- ,1999, before me, the
undersigned officer, personally appeared KENNETH L BAER, JR., known to me (or
satisfactorily proven) to be the person whose name is subscribed to the within Agreement
and acknowledged that he executed the same for the purposes therein contained.
IN WITNESS WHEREOF, I hereunto set my hand and official seal.
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LAURA E. BAER,
Plaintiff
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
: CIVIL ACTION . LAW
: NO. CIVIL q9.. Iq~J c: 0 I t'---Jf I'2.Jrz
: IN DIVORCE
vs.
KENNETH L. BAER, JR.,
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 will proceed without you and a decree of divorce or annulment may be entered
against you for any claim or relief requested in these papers 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 list of marriage counselors is available
in the Office of the Prothonotary at Cumberland County Courthouse, Carlisle, Cumberland
County, Pennsylvania, 17013,
IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF MARITAL
PROPERTY, LAWYER'S FEES OR EXPENSES BEFORE A DIVORCE OR
ANNULMENT IS GRANTED, YOU MAY LOSE THE RIGHT TO CLAIM ANY OF
THEM.
YOU SHOULD TAKE TIllS 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
Two Liberty Avenue
Carlisle, Pennsylvania 17013
(717) 249-3166
8. Plaintiff and Defendant are citizens of the United States America.
9. The panies' marriage is irretrievably broken.
10. Plaintiff desires a divorce based upon the belief that the Defendant will, ninety
(90) days from the date of the filing of this Complaint, consent to this divorce.
WHEREFORE, Plaintiff requests your Honorable Court to enter a decree in
divorce pursuant to Section 3301 (c) of the Domestic Relations Code.
Respectfully submitted,
GRIFFffi & ASSOCIATES
L. . e. Esquire
orney, or Plaintiff
200 North Hanover Street
Carlisle, P A 17013
(717) 243-5551
(800) 347-5552
VERIFICATION
I verilY that the statements made in the foregoing Complaint are true and correct. I
understand that false statements herein made are subject to the penalties of 18 PA.C.S.
Section 4904 relating to unsworn falsification to authorities.
DATE: /l'J...~ 31, /'71)'1
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LAURA E. BAER, Plaintiff
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Plaintiff
: IN TIlE COURT Of COMMON PLEAS OF
: CUMBERLAND COUNTY , PENNSYLVANIA
: CIVIL ACTION - LA W
LAURA E. BAER,
v.
KENNETH L. BAER, JR.,
Defendant
: NO. l)l}. 1%3 CIVIL TERM
: IN DIVORCE
WAIVER ON NOTICE OF INTENTION TO REQUEST
THE ENTRY OF A DIVORCE DECREE
UNDER ~3301(c) OF THE DIVORCE CODE
DATE: .1,tt""'/,<A.... ~ J'i'l1
J ',4
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LAURA E. BAER, Plaintiff
1. I consent to the entry of a final decree in divorce without notice.
2. I understand that I may lose rights concerning alimony, division of property,
lawyer's fees or expenses if I do not claim them before a divorce is granted.
3. I understand that I will not be divorce until a divorce decree is entered by the
Court and that a copy of the decree will be sent to me immediately after it is files with the
Prothonotary.
I VERIFY THAT THE STATEMENTS MADE IN THE FOREGOING AFFIDAVIT
ARE TRUE AND CORRECT. I UNDERSTAND THAT FALSE STATEMENTS HEREIN
ARE MADE SUBJECT TO THE PENALTIES OF 18 Pa,C.S. ~4904 RELATING TO
UNSWORN FALSIFICATION TO AUTHORITIES.
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LAURA E, IMER,
l'lairuilf
IN TIlE COURT OF COMMON PLEAS OF
CUMUERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
vs
KENNETII L. BAEll, JIl,
Dcfcndant
NO, 99-1963 CIVIL TERM
IN DIVORCE
AND NOW, this
.UFIDA VIT OF SERVICE
(lI
I to day of A 1'" I , 1999, comcs Bradley L. Griffie,
ESlluire, allorney for J>Jaintin: Laura E, Baer, and states that he mailed by certified mail,
restricted delivery, return receipt requested, a true and correct copy of the Plaintilrs
Complaint in Divorce. as attached, 10 Defendant, Kenneth L, Baer, Jr.. which was
received on April 10, 1999, as noted on Ihe all ached relurn receipt.
Respectfully submitted.
GRIFFIE & ASSOCIATES
riffi, squire
lIom for Plaintiff
200 North Hanover Street
Carlisle, PA 17013
(717) 243-5551
(800) 347-5552
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Nol8llaJ Seal J
Aollln J, GOIhorn. Notary Public
CIII1III. Iloto, CumbHl.na Coun1Y
My Commllllon e.plrel April 17,1QG9
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