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HomeMy WebLinkAbout99-02489 $ i;; , . ...... .... ............................................... ............. ..... '0' ~ ~ ... 8 ~ ~ ~ $ i~ : f. J. i: ~ ik ~ Prothonotary i ~ Ii.~--;.~ ~:. .~ ... {O>;. .;c. .;c. .:.:. o:,o:-:-::.::::';-:;}-{;::-.:.:: .:+:. .:.:. .,.:..:.:. -.,i'-'.:.;.'.:.:.' ::.:.'.:.;: ::.:. .:.,: .:.:. -:.:. .:~:~ ? ~ ~ " ~ ~ ~.' . .... '1. w ~, DECREE IN -I- 3"23A DI10RCE "- AND NOW, .. . ~ .. 2: . . . . .. . ..., I t?1, " i, onl.,od ond decreed that ... ~~~~~.<3; . . . !='.~:';':!. . . . . . . . . . . . . . . . . . . . 0 . . . . . . . . '. plaintiff, w ~,~ ~ ~.~ t'~ ~ ~.~ ~ '.' ~ ,: ~ ,0' and . .~~1l.q .~P.qr:"'. ...... ...... ...... .......... ... ... '" ...... defendant, are divorced from the bonds of matrimony. The Marital Settlement Agreement dated June 21, 1999 is hereby incorporated but not merged,:. 0 0 0 d" f h f II 0 I' h 0 h h Tne court retains JUriS Ict/on 0 t e 0 oWing calms W IC ave been raised of record in this action for which a final order has not yet been entered; *- {.~ ,', ~ ,0, ... ,'; S ~ ~.' ~ ... ~ ~.~ ~ .~ WHEREAS, the parties acknowledge and agree that in entering into this Agreement, including foregoing waivers, they are each relying on truth and completeness in all material respects as to all information provided by the other party hereto regarding the assets of such person. NOW THEREFORE, in consideration of the mutual promises, covenants and agreements hereinafter contained, each of the parties hereto intending to be legally bound hereby promises, covenants and agrees as follows: 1. DIVORCE, The parties agree that their marriage is irretrievably broken and that they mutually consent to a divorce. Husband shall file or has filed the Divorce Complaint and be responsible for all costs for such filing. The parties' agree and have executed or will execute all necessary Affidavits required by the court for the entry of a mutual consent divorce. Both Husband and Wife have consented to immediately file with the Court said Affidavits and file the appropriate documents to request a Decree in Divorce from the bonds of matrimony under Section 3301(c) of the Divorce Code. 2 ~ ~ , 2. FULL FORCE 'AND EFFECT, This Agreement shall .continue in full force and effect until such time of final Decree in Divorce is entered. 3. INTERFERENCE, Each party shall be free from interference, authority, and contact by the other, as fully as if he or she were single and unmarried except as may be necessary to carry out the provisions of this Agreement. Neither party shall molest the other or attempt to endeavor to molest the other, nor compel the other to cohabit with the other, or in any way harass or malign the other, nor in any way interfere with the peaceful existence, separate and apart from the other. 4. WIFE'S DEBTS, Wife represents and warrants to Husband that since the date the divorce was filed, to wit, April 26, 1999, she has not and in the future she will not, contract or incur any debt or liability for which Husband or his estate might be responsible and shall indemnify and save harmless Husband from any and all claims or demands made against him by reason of debts or obligations incurred by her. 5. HUSBAND'S DEBTS, Husband represents and warrants to Wife that since the divorce was filed, to wit, April 26, 1999, he has not and in the future he will not, contract or incur any 3 . . w. , c. debt or.liability for which Wife or her esta~e might be responsible and shall indemnify and save harmless Wife from any and all claims or demands made against her by reason of debts or obligations incurred by him. 6. MUTUAL RELEASES: Subject to the provisions of this Agreement, each party has released and discharged, and by this Agreement does for himself or herself and his en' hel heirs, legal representatives, executors, administrators and assigns, release and discharge the other of and from all causes of action, claims, rights, or demands, whatsoever in law or equity, which either of the parties ever had or now has against the other, except any or all causes of action for termination of the marriage by divorce or annulment and except any or all causes of action for breach of any provisions of this Agreement. Husband and Wife specifically release and waive any and all rights he or she might have to raise claims under the Divorce Code of 1980, as amended in 1988 including, but not limited to claims for equitable distribution of marital property, support, alimony, alimony pendente lite, counsel fees or expenses. The fact that a party brings an action to enforce this Agreement as incorporated in the divorce decree, under the Divorce Code of 1980, as amended in 1988, does not give either party the right to raise other claims under the Divorce Code, specifically waived and released by this paragraph and all 4 , w rights ~nd 'obligations of the parties arising out. of the marriage shall be determined by this Agreement. 7. RELEASE OF TESTAMENTARY CLAIMS: Except as provided for in this Agreement, each of the parties hereto shall have the right to dispose of his or her property by Last Will and Testament or otherwise and each of them agree that the estate of the other, whether real, personal or mixed, shall be and belong to the person or persons who would become entitled thereto as if the decedent had been the last to die. This provision is intended to constitute a mutual waiver by the parties of any rights to take against each other's Last Wills under the present or future laws of any jurisdiction whatsoever and is intended to confer third- party beneficiary rights upon the other heirs and beneficiaries of each. 8. AGREEMENT BINDING ON HEIRS: The parties acknowledge that except as provided for in this Agreement, each of the parties shall have the right to dispose of their respective' property by Last Will and Testament, and that each party waives the right to take under the Will of the other. This Agreement shall be binding on the respective heirs, executors, administrators and assigns of the parties thereto. 5 .. ~. 9. ENTIRE' AGREEMENT: This Agreement represents ..the I?nt ire agreement between the parties and supersedes any and all prior agreements or negotiations between them. There are no representations, promises, agreements, conditions, or warranties between the parties other than those set forth herein. 10. LEGAL ADVICE/VOLUNTARY EXECUTION: Husband has employed and has had the benefit of counsel of Catherine A. Boyle, Esquire, as his attorney. Wife is unrepresented. Each party acknowledges that they have received or may receive independent legal advice from counsel and that each party fully understands the facts and their legal rights and obligations, and each party acknowledges and accepts 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 influence and that it is not the result of any collusion or improper or illegal agreement or agreements. Also, each party hereto acknowledges that he or she is fully aware of the current Pennsylvania Divorce Law, and his or her rights thereunder, each party hereto still desires to execute this Agreement acknowledging that the terms and conditions set forth herein are & . ....alr, just. and equitable to each of the parties and each party waives their respective right to have the Court make any 6 , ~ determination or order affecting the respect~ve parties' right to a divorce, support, alimony, alimony pendente lite, equitable distribution of all marital property, counsel fees and costs and expenses. 11. DIVISION OF PERSONAL PROPERTY: The parties have divided between them, to their mutual satisfaction, the personal effects, household furniture and furnishings, and all other articles of personal property which have heretofore been used by them in common. Should it become necessary, the parties each agree to sign any titles or documents necessary to give effect to this paragraph. 12. DISPOSITION OF REAL PROPERTY: Husband does hereby set over, transfer and assign to Wife all of his right, title and interest in the marital residence located at 53 Bayberry Drive, Mechanicsburg, Cumberland County, Pennsylvania. The marital residence shall be the sole property of Wife. Said residence is currently titled in Wife's name alone and the parties do not anticipate the need to execute any documents. However, if documents must be signed, Husband agrees to execute a deed and any other necessary documents or instruments transferring the property into Wife's name alone. Wife agrees that she alone shall be responsible for the mortgage on said residence held at Columbia National 7 " .. Mortgag~ Corporation, and Wife shall indemnity and save harmless Husband from any and all claims or demands mad~ against said mortgage. Wife also agrees that she alone shall be responsible for all utilities, taxes, maintenance and/or any other debts and/or obligations associated with said residence, Wife shall indemnify and save harmless Husband from any and all claims or demands made against said debts and/or obligations. The parties acknowledge that there is a home equity loan held at PNC Bank, which is secured by the marital residence. The parties acknowledge that said loan was taken for Husband's business, Personal Fitness. Husband agrees that he alone shall be responsible for the home equi.ty loan held at PNC Bank, and Husband shall indemnify and save harmless Wife from any and all claims or demands made against said loan. Husband agrees that he will not draw additional funds against said loan. In the event that Husband does not fulfill his obligations set forth in this paragraph, Wife sh~ll be entitled to pursue an action for breach pursuant to the provisions of this Agreement and any other legal remedies available to her. 13. EOUITABLE DISTRIBUTION, a. Husband shall keep as his sole and exclusive property the following assets: (1) 1999 Chevrolet Silverado automob~le currently. 8 I; I . .... .~ b. titled in his name alone. Husband.. shall be solely responsible for the debt for said vehicle and shall indemnify and save harmless Wife from any and all claims or demands made against said debt. (2) IRA in Husband's name alone. (3) Any and all checking, savings, securities and/or other accounts in Husband's name alone. (4) Joint account at Commerce Bank. Wife shall keep as her sole and exclusive property the following assets: (1) 1998 Mercedes C230 automobile currently titled in Wife's name alone. Wife shall be solely responsible for the debt for said vehicle and shall indemnify and save harmless Husband from any and all claims or demands made against said debt. (2) 1989 Jeep Cherokee currently titled in Husband's name alone. Husband shall execute a title transfer and/or any other documents necessary to effectuate this paragraph. The parties acknowledge that there is no debt for this vehicle. To the extent that there is a debt for this vehicle, Wife shall be solely responsible for the debt for said vehicle and 9 - .w shall indemnify and save harmless 'Wife from any and all claims or demands against said debt. (3) Wife's retirement account through her employer, Electronic Data Systems. (4) IRA in Wife's name alone. (5) Any and all checking, savings, securities and/or other accounts in Wife's name alone. 14, BUSINESS INTEREST: Husband shall keep as his sole and exclusive property his business interest and any benefits and/or liabilities derived therefrom. Specifically, this business interest is any interest which Husband may have in Personal Fitness. 15, ALIMONY, Both parties acknowledge and agree that the provisions of this Agreement providing for equitable distribution of marital property are fair, adequate and satisfactory to them and are accepted by them in lieu of and in full and final settlement and satisfaction of any claims or demand that either may now or hereafter have against the other for spousal support, separate maintenance, alimony pendente lite or alimony. Husband and Wife further, voluntarily and intelligently, waive and relinquish any right to seek from the other any payment for spousal support, separate maintenance, alimony pendente lite or 10 - . alimony, 16. DISCLOSURE, The parties acknowledge that there has been full and fair disclosure to the other of his or her respective income, assets and liabilities, whether they are held jointly or in the name of one party alone. Any and all other accounts, investments, property rights, contract rights, business interest, retirement accounts and other retirement vehicles and insurances, not specifically mentioned herein, and of whatsoever nature of either of the parties in their individual names shall be and shall remain the sole and separate property of the individual in wh0s~ name it presently exists or if untitled, the sole and separate property of the individual in possession of said property, and neither party shall have any claims whatsoever thereto. 17. WAIVER OF RIGHT TO COUNSEL FEES, COSTS AND EXPENSES: The parties hereby acknowledge that they each waive their right to request counsel fees, costs and expenses from the other. Each party shall be responsible for payment of his or her own counsel fees, costs and expenses. 18. INDEMNIFICATION, Each party covenants and agrees that if any claim, action or proceeding is hereinafter initiated seeking to hold the other party liable for any debts, 11 .. . obliga~ions~ liability, act or omission of silch ~arty, such party will at his or her sole expense, defend the other against any such claim or demand, whether or not well- founded, and that he or she will indemnify and hold harmless the other party with respect to all damages as resulting therefrom. Damages as used herein shall include any claim, action, demand, loss, cost, expense, penalty and other damage including without limitation, counsel fees and other costs and expenses reasonably incurred in investigating or attempting to avoid same or in opposing the imposition thereof or enforcing this indemnity, resulting to Husband or Wife from any inaccurate representation made by or on behalf of either Husband or Wife to the other in this Agreement, any breach of any of the warranties made by Husband or Wife of any of the obligations to be performed by such party hereunder. The Husband or Wife agrees to give the other prompt written notice of any litigation threatened or instituted against either party which might constitute that basis for a claim for indemnity pursuant to the terms of this Agreement. 19. 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 if held in breach by a court of competent 12 . " jurisd~ctid~, the party breaching this contract shall be responsible for payment of legal fees and costs incurred by the other in enforcing their rights under this Agreement. 20. AGREEMENT TO CONTINUE IN EVENT OF DIVORCE: The failure of either party to insist upon strict performance of any of the provisions of this Agreement shall not be construed as a waiver of any subsequent default of the same or similar nature. In the event that the marriage of the parties hereto is terminated by divorce, this Agreement shall nevertheless remain in full force and effect, and shall survive such decree and shall not in any way be affected thereby, except as provided for herein. 21, 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. 22. INCORPORATION, This Agreement shall be incorporated into a Divorce Decree but not merged therein. 23. MODIFICATION AND WAIVER, A modification or waiver of any of the provisions of this Agreement shall be effective only if 13 . made i~'writing and executed with the same formarity as this . . . Agreement. The failure of either party to insist upon strict performance of any of the provisions of this Agreement shall not be construed as a waiver of any subsequent default of the same or similar nature. 24. DESCRIPTIVE HEADINGS: The descriptive headings used herein are for convenience only. They shall have no effect whatsoever in determining the rights or obligations of the parties. 25. VOID CLAUSES: If any term, condition, clause or provision of this Agreement shall be determined or declared to be void or invalid in law or otherwise, then only that term, 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. 26. EXECUTION DATE' The execution date shall be defined as the date both parties have signed this Agreement. In the event that the parties do not sign this Agreement at the same time, the execution date shall be the date the last party has signed. 27. LAW: This Agreement shall be construed pursuant to the laws of the Commonwealth of Pennsylvania. 14 COMMONWEALTH OF PENNSYLVANIA COUNTY OF . ~ 4. AJ On this, the / rif. day of before me the undersigned officer, personally, MOORE known to me (or satisfactorily proven) to be he person whose name is subscribed to the within Marital Property Settlement Agreement and acknowledged that he executed the same for the purposes therein contained. ) ( SS ) IN WITNESS THEREOF, I have hereunto set my hand and official seal. '~-:~........-- -- 11l(>:!'." ::14i, SEAt ,.M'! I, SIi;l~llM". NOloryf'tiblrc ti.lli~ tilll ~~IU, Cu.nborlaNd Oo~HIji '" Q#mN;'Ji'Gn h.,,,,u. FOb." iei 200ii 1r -'- A,~tL, ( Notary Public ~; C> >- ~,~. co: I::'" j::.': ,. 1.1.1("; ;~!~~ C,l f~': ;01 c:: Cj ._~;:-~ , , '"0 1i:> CI N 1 >:~ " .., . "7 u: i: ..1 ,~jriJ ::., " n.. , , U 0" ~j e;, 0 , . " , . ~ . '.i" '. , C....I '., , \~ ~ .' 0J j '<;, -'l \ , f' ~ (:)' \"'J \j-.. (j"- '- -- v -' c=:. : .:( ." ....!.... " '.:) ,..J .' .J .,.- ~ '= ~ ..'I (j 1. , -J x '" .{'> '~ V:> ~ ~ I... - I... ~ <::" ,.;)-. !'- J"-' v.-,. ~y W -l >- o III ~ 0:: ~ ~ ~ In a ~ ;:. t:i ~ @ 8 ~ EctB;cj o en ~ g Q: ~ Ii" d o Ii: Q. (I) Ll., g " rtl 0 '" w; <: o :t ui 0:: W ~ :;; . .' " WILLIAM MOORE, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. q'tf - ;2L/'b1f ~ vs. RENA MOORE, Defendant CIVIL ACTION - LAW IN DIVORCE NOTICE YOU HAVE BEEN SUED IN COURT. If you wish to defend against 'i: the claims set forth in the following pages, you must take action within twenty (20) days after this Complaint and Notice are ~ served, by entering a written appearance personally or by attorney and filing in writing with the Court your defenses or objections to the claims set forth against you. You are warned that, if you fail to do so, the case may pr~ceed without you and a judgment may be entered against you by the Court without further notice for any money entered against you by the Court without further notice for any money claimed in the Complaint or for any other claim or relief requested by the Plaintiff. You may lose money or property or other rights important to you. When the ground for divorce is indignities or irretrievable breakdO\~n of the marriage, you may request marriage counselling. A list of marriage counselors is available at: The Office of the Prothonotary, Cumberland County Courthouse, One Courthouse Square, Carlisle Pennsylvania 17101. IF YOU DO NOT FILE A CLAIM FOR ALIMONY, MARITAL PROPERTY, COUNSEL FEES OR EXPENSES BEFORE THE FINAL DECREE OF DIVORCE OR ANNULMENT IS ENTERED, 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 HE~P. CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE, PENNSYLVANIA 17013 (717) 249-3166 MEYERS, DESFOH, SALTZGIVER . BOYLE 410 NORTH SECOND STREET . P,D BOX '062 . HARRISBURG. PA 17108 (717) 236-9428 . FAX (717)236-2817 .0 I VERIFICATION I, William Moore , verify that the scatemencs made in this COMPLAINT IN DIVORCE are true and correct to the bes I. of my knowledge, information and belief. I understand that fals statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904, relating to unsworn falsification to authorities. Dated: 4/20/99 ~~ (x Plaintiff I II I II I: " ii I' ,I i' i! " I' Defendant MEVERS. DE6FOR, SALTZGIVER . BOYLE 410 NORTH SECOND STREET I P,O, BOX '062 . HARRISeURG, PA 17108 (717) 236-9428 . FAX (7'7) 236.2817 >- l,L) i:: if, '" ''- -. .'- N ,~~1~ n l,U_,,;. ().. f;: ~.~. (1- :.) :;'.' ;~;r.. ,... :;:>= 0" ',. .~...J -'t ~:.t~) I )~~; :."', ,.... ',- -::0: ;"i:iul ~'.. :.: ;....!)~,l.. ,.. ,;n a c. -' 0' '" ,... - ~- " W ..J >- 0 co '" Q: '" w " ~ > w w a ~ ... ~ ~ ~ . ~ w 0 ~ u z " <( 0 x 15 ~ 0 0 '" w 0 a: . 0 ~ Q{ z 0 ::J " m 0 . . II) 0 ii: u. z '" 0 a: w . <{ C :t ",- Q: w >- w :;; ...... "'" " i' to I , <- < < ~ . , ( , " '" , , , .. . I.'. ,-'\ .J l..., C' () W -l > 0 al "" 0:: W . '" 0 > w ~ a w ... ~ ~ w ~ w ~ 1E u 0 ~ z <( 0 . <:i " 0 0 Ul w 0 '" ~ w . ::J ri z 0 . '" 0 " . III 0 a: u. z Ul 0 '" w ; ., C J: <Ii J 0:: W > w :IE ~- .""'"> .-- ..". ~ " LfJ I , C'": , , , c..i , ..- ; , , C:' '" , C_j .' " \~ , .- , I :':') ". . , .: ~" ~--) ":1""1 U W ...J >- 0 1IJ 0/1 0: w " '" > w ~ 5 w '" " ~ ~ w ~ " ~ CE u 0 c;: z <l: 0 . C!i ~ u 0 fIl w 0 a: ~ " . " 0: z 0 " m 0 . . en 0 0: lL z fIl 0 a: w . " C r ui 0: W >- W :s r> .r-. ."""--. "7 - ~.. ..,-, I" 'I' ..,:, t-,., " r ; '. '\1 ,. .} , c~; ~"1'1 ' ,.J I.;'. ,,'j- ,,) ~ -. '. " w ... > 0 lD .., <>:: w ti m > 0 5 w ~ ~ ~ w ~ . ~ 1f 0 0 " z <I: 0 x <5 " u 0 U) w 0 0: ~ . . " 5 ci " 0 <Xl 0 . . '" 0 a: u.. z U) 0 0: W . 0< C :r <Ii <>:: w > w ::;; -- WILLIAM MOORE, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA vs. NO. 99-2489 RENA MOORE, Defendant CIVIL ACTION - LAW IN DIVORCE AFFIDAVIT OF CONSENT A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed on April 26, 1999. The marriage of the Plaintiff and Defendant ~s irrecr~evably broken and ninety (90) days have elapsed from the date of filing and service of the Complaint. I consent to the entry of a final decree of divorce after service of notice of intention to request entry of the decree. I verify that the statements made in this Affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. c2A-t2 . (}~~. RENA MOORE Date: G, -IS -C/9 MEYERS, DESFOR. SAlTZGrvER & BOYLE 410 NORn~ SECOND SlREH . PO BOX 1062 . liARRISBURG, PA 171(lR (717) ~~36.!.f426 . FAX (717) 236,2817 -- _. ,-.. .-... .. . W ...J > 0 m all 0: '" W " 0 > w ~ w a ~ .... ~ ~ w ~ . ~ 11: u c ~ z <( C K <i " u 0 Ul w c 0: . . ~ ri r c ::J " m 0 . , en c a: u.. z Ul 0 0: W . '" C :I: en 0: w > w :0 ....... ...... WILLIAM MOORE, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLV^NI^ NO. 99-2489 vs. RENA MOORE, Defendant CIVIL ACTION - LAW IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER ~3301(Cl OF THE DIVORCE CODE 1. I consent to the entry of a final decree of 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 divorced 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 filed with the Prothonotary. I verify that the statements made in this 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 unswor falsification to authorities. ~ Date (/J - / ?-qc; ~ a l/lI2.dU..... RENA MOORE I iff) I I II I' I MEYERS, DESFOR, SALTZGIVER & BOYLE 410 NOATH SECOND STREET . P,O BOX 1002 . HARRISBURG. PA 17108 (717) 236-9428 . f"AX (717) 236.."B17