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HomeMy WebLinkAbout99-02740 ,e~~~~_.'~~'~~_~~~~--~*'~.~~~~~:~'~'~~~ ~', ___ ----............- ___ __..."V_'.' ' ~ ~ ~ ~ .: ~ IN THE COURT OF COMMON PLEAS ~ ~ ~ * OF CUMBERLAND COUNTY S [i! ,o~ ~.~ ~ j.o~ ~ .' ,:. ~ ~ ,,' ~ ... w ~o~ ~ ... ~ ',' ~ '.. ~ ',' ," ~ ~,I fi. ? ~ '.' ~~ ~ ,; ~ ~. ~ ~ i ',' ~; ~ ~.. ~ w '.' STATE OF .~ . ~. . ,""'~. ,,0", PENNA, __ !S.ARl'N . Ai'<.N ..I~RAN llEL, , .. .__..__l?.laint~U . --------' II d II 'I Civil ,.....,........" 1999 N o. __~.~.::,?.7.4.9__. VerSllS II ,I I' ,I ____.SCOTT ALANKRANZEL, ....Defendant DECREE IN DIVORCE AND NOW, ... ..... ....4~~~.. .?-:.., 19??.., it is ordered and decreed that.. i<~.1;~r;t. 1\,1']l). !<.r.<~l).~~.l. .......... . .. ... . ... ....... plaintiff, and, . . Scott. Alan. Kran:Z.el.. . . . . . . .., . ., . . .. . . . . . . . . .. . . ". 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; w '.' . :r.~~. ~.t.~'!c;:\1~.~ .I?~~.p.~;-~.Y. .~'."~.t.~~m7.nt . !'9.r.<:~'!l7.~~ . ~:s. .~r;~?r.I?'?:-~.t.<:~. . . . . ):l,llt.I1P.t .1JI\'l.r.g~c;l. .t,Q. t/1,e. .o~!=,r.~e.~.n. .l?~Y,O.r:c;:~...."...................... s ~ ..- ~ ~ ~ ~ , ~ ~ :;: ~~.,.;". lly Th~ Court.: / A /-:::'1 ~!. ',\.v.... 1/'-t7...., ^".... ~~~ ProthonotAry ~ ~ ~ ~~ ,', ~ ~ ~.~ $ 2 ,.' ~ / $ $ ~ '.' f; Q ~.' M ..~ ~ ~-;r ~ ~ s ~ ~~ 8 :;; ~ ~ ~.~ ~ ... ~ ~,' ~ '.' ~ '.' J. ~ I':' I~ v l~ I~ !i~ .~ ~:, !~ ,:~ , ,~ I ~,,~ it. I:!- , .~ ,,,' . ~ >>:.:-:X:--:::;:.~:'>>;-:~:,~~;':.-..;~- ,:.:,"',~;:- .:.:' ':.:. ':.:- ':--:' .:.:' ':.:. .:.:- ':.:- .:.:- ':.:. .:4:' .:.:- ':.;. .~:. ". '-. " . WIFE and HUSBAND, each Intending to be legally bound hereby, covenant and agree as fellows: 1. INCORPORATION OF PREAMBLE. The recitals set forth in the Preamble of this Agreement are incorporated herein and made a part hereof as if fully set forth in the body of the Agreement. 2. AGREEMENT NOT A BAR TO DIVORCE PROCEEDIN~ This Agreement shall not be considered to affect or bar the rights of HUSBAND and WIFE to an absolute divorce on lawful grounds if such grounds now exist or shall hereafter exist or to such defense as may be available to either party. This Agreement is not intended to condone and shall not be deemed to be condonation on the part of either party hereto of any act or acts on the part of the other party which have occasioned the disputes or unhappy differences which have occurred or may occur subsequent to the date hereof. The parties acknowledge that their marriage is irretrievably broken and that they shall secure a mutual consent no. fault divorce pursuant to the terms of Section 3301 (c) of the Divorce Code il1 WIFE'S Cumberland County divorce action docketed to number 99-2740. Upon the signing of this Agreement, the parties shall execute and file all documents and papers, including affidavits of consent, necessary to finalize said divorce. 3. EFFECT OF DIVORCE DECREE. The parties agree that unless otherwise specifically provided herein, this Agreement shall continue in full force and effect after such time as a final Decree in Divorce may be entered with respect to the parties. 2 '. '. 4. AGREEMENT TO BE INCORPORATED IN DIVORCE DECREE. The parties agree that the terms of this Agreement shall be incorporated Into any Divorce Decree which may be entered with respect to them. 5. NIDI-MERGER. It Is the parties' intent that this Agreement does not merge with the Divorce Decree, but rather shall continue to have independent contractual significance. Each party maintains his or her contractual remedies as well as court ordered remedies as the result of the aforesaid incorporation or as otherwise provided by law or statute. Those remedies shall include, but not be limited to, damages resulting from breach of this Agreement, specific enforcement of this Agreement and remedies pertaining to failure to comply with an order of court or agreement pertaining to equitable distribution, alimony, alimony pendente lite, counsel fees and costs as set forth in the Pennsylvania Divorce Code or other similar statutes now in effect and as amended or hereafter enacted. 6. DATE OF EXECUTION. The "date of execution" or "execution date" of this Agreement shall be defined as the date of execution by the party last executing this Agreement. 7. DISTRIBUTION DATE. The transfer of property, funds and/or documents provided for herein shall only take place on the "distribution date" which shall be defined as the date of execution of this Agreement unless otherwise specified herein. 8. ADVICE OF COUNSEL. The provisions of this Agreement and their legal effect have been fully explained to the parties by their respective counsel, Charles Rector, Esquire for HUSBAND, and J. 3 '. .," Paul Helvy, Esquire, for WIFE, The parties acknowledge that they have received Independent legal advice from counsel of their selection and that they fully understand the facts and have been fully Informed as to their legal rights and obligations and they acknowledge and accept that this Agreement is, lil the circumstances, fair and equitable and that it is being entered into freely and voluntarily, after having received such advice and with such knowledge 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, 9. FINANCIAL DISCLOSURE. The parties confirm that each party has made a full and fair disclosure to the other of all of their assets. debts and incomes and that each has relied on the substantial accuracy of the financial disclosure of the other. as an inducement to the execution of this Agreement. 10. ms.CLOSURE AND WAIVER.QF PROCEDURAL RIGHTS. Each party understands that he or she has the right to obtain from the other party a complete inventory or list of all of the property that either or both parties own at this time or owned as of the date of separation, and that each party has the right to have all such property valued by means of appraisals or otherwise. Both parties understand that they have the right to have a court hold hearings and make decisions on the matters covered by this Agreement. Both parties understand that a court decision concerning the parties' respective rights and obligations might be different from the provisions of this Agreement. 4 '::: <': :...,':..;..." ,'."::,' /:~ ':' ./:':;' ,.,:.,: "'~' ";,. ,:':;, ;,.'.~',~.:,:~<::,.,~::...: :,.~',;:~:~;.:,' .,;:,::-.:::~~~:~ '" . :,:.: :',' .,c,.'". ;,:,<::'.:"\:~, i::;::;...,:,:'.:'.:',' :"::.:)', :"\, ' " Each party hereby acknowledges that this Agreement Is fair and equitable, that It adequately provides for his or her needs and Is in his or her best interests, and that the Agreement is not the result of any fraud, duress, or undue influence exercised by either party upon the other or by any other person or persons upon either party. Both parties hereby waive the following procedural rights: a. The right to obtain an Inventory and appraisement of all marital and non- marital property as defined by the Pennsylvania Divorce Code. b. The right to obtain an income and expense statement of the other party as provided by the Pennsylvania Divorce Code. c. The right to have property identified and appraised. d. The right to discovery as provided by the Pennsylvania Rules of Civil Procedure. e. The right to have the court c6:ermine which property is marital and which is non-marital, and equitably distribute between the parties that property which the court determines to be marital, and to set aside to a party that property which the court determines to be that parties' non-marital property. f. The right to have the court decide any other rights, remedies, privileges, or obligations covered by this Agreement and/or arising out of the marital relationship, including but not limited to possible claims for divorce, child or spousal support, alimony, alimony pendente lite (temporary alimony), equitable distribution, custody, visitation. and counsel fees, costs and expenses. 5 11. PERSONAL PROPERTY. The parties acknowledge that they have previously agreed to an equal division of all of their tangible personal property including, but not limited to, jewelry, clothes, fumiture, fumishings, rugs, carpets, household equipment and appliances, tools, pictures, books, works of art and other tangible personal property. With respect to said division the parties shall, prior to execution of this Agreement, take possession of their respective items of personal property. Thereafter, each party shall waive all right, title and Interest in the property in the possession of the other. Each of the parties hereto does waive, release, and forever abandon any right and all tille, interest and claim, in and to the tangible personal property to become the property of the other party pursuant to the terms of this paragraph. HUSBAND shall take possession of his pre-marital assets which Include the 1988 Pontiac Trans Am, the 1966 Gotlleib Pinball Machine and the Sanyo Stereo Components. 12. AFTER.ACQUIRED PROPERTY. Each of the parties shall hereafter own and enjoy, independently of any claim or right of the other, all property, tangible or intangible, real, personal or mixed, acquired by him or her, with or without non-marital assets, after the date of this Agreement, with full power in him or her to dispose of the same as fully and effectively, in all respects and for all purposes, as though he or she were unmarried and each party hereby waives, releases, renounces and forever abandons any right, tille, interest and claim in and to said after acquired property of the other party pursuant to the terms of this paragraph. 6 '. 13. DIVISION OF VEHICLES. With respect to the vehicles owned by one or both of the parties, or the net proceeds or value derived from any prior sale or trade in thereof, they agree as follows: HUSBAND waives all right, title and interest he may have in the 1994 Mazda 626 to WIFE. WIFE shall assume full responsibility for all costs associated therewith and shall hold HUSBAND harmless from payment of same. The titles or assignment of any lease agreements to said vehicles shall be executed by the parties, if appropriate, for effectuating transfer as herein provided on the date of execution of this Agreement and said executed titles/assignments shall be delivered to the proper party on the distribution date. For purposes of this Paragraph the term "title" shall be deemed to include "power of attorney. if the title or lease agreement to the vehicle is unavailable due to financing arrangements or otherwise. In the event any vehicle is subject to a lien, encumbrance, lease or other indebtedness in the party receiving said vehicle as his or her property shall take it subject to said lien, encumbrance, lease or other indebtedness and shall be solely responsible therefor and said party further agrees to indemnify, protect and save the other party harmless from said lien, encumbrance, lease or other indebtedness. Each of the parties hereto does specifically waive, release, renounce and forever abandon whatever right, title and interest he or she may have in the vehicle(s) that shall become the sole and separate property of the other pursuant to the terms of this Paragraph. 14. DIVISION OF REAL ESTATE. It is acknowledged that the parties hereto are the owners of certain real estate located at 51 While Oak Blvd., Mechanicsburg, Cumberland County, Pennsylvania. 7 HUSBAND agrees to convey all of his right, title and interest In and to said properly to WIFE and shall execute and deliver a special warranty deed conveying his interest in said property contemporaneously with execution of this Agreement. Said Deed shall be escrowed by HUSBAND's attomey pending refinancing by WIFE which shall occur no later than sixty (60) days from the date of execution of this Agreement. WIFE shall be solely responsible for payment of the current mortgage, taxes, insurance and all other charges on account of the home and shall indemnify and hold HUSBAND harmless against such obligations or charges. The lending institution providing refinancing to WIFE to facilitate the terms of this Agreement may require the tendering of the Deed by HUSBAND's attorney before the actual date of refinancing. HUSBAND agrees to cooperate with whatever requirement WIFE's lender has in this regard. 15. MONETARY PAYMENT. In consideration of the distribution of the marital assets set forth in this Agreement, HUSBAND agrees to pay WIFE the lump sum of $22,986.00 in one non- taxable equitable distribution payment within sixty (60) days of the date of this Agreement. This payment shall occur contemporaneously with refinancing by WIFE of the mortgage on the marital home. 16. EACH PARTY RETAINS PENSION PLANS. Each of the parties does specifically waive, release, renounce and forever abandon all of his or her right, title, interest or claim, whatever it may be, in any Pension Plan, Retirement Plan, Profit Sharing Plan, 401-K Plan, Keogh Plan, Stock Plan, Tax Deferred Savings Plan andlorany employee benefit plan of the other party, whether acquired through said party's employment or otherwise, and hereafter said Pension 8 Plan, Retirement Plan, Savings Plan, Tax Deferred Savings Plan and/or any employee benefit plan shall become the sole and separate property of the party in whose name or through whose employment said plan Is carried. Specifically, WIFE waives all right, title and interest she may have in HUSBAND's Capital Blue Cross Employee Savings Plan and HUSBAND's Capital Blue Cross Defined Benefit Retirement Plan. HUSBAND waives all right, title and interest he may have in WIFE's AMP Incorporated Employee Savings and Thrift Plan and WIFE's AMP Incorporated Defined Benefit Pension Plan. 17. DIVISION OF BA~CCOUNTS/STOCKlLlFE INSURANCE. The parties acknowledge and agree that they have previously divided to their mutual satisfaction all of their bank accounts, certificates of deposit, IRA accounts, bonds, shares of stock, investment plans and life insurance cash value and hereafter WiFE agrees that all said bank accounts, certificates of deposit, IRA accounts, bonds, shares of stock, investment plans and life insurance cash value in the possession of HUSBAND shall become the sole and separate property of HUSBAND and HUSBAND agrees that all said bank accounts, certificates of deposit, IRA accounts, bonds, shares of stock, investment plans and life insurance cash value in the possession of WIFE shall become the sole and exclusIve property of WIFE. Each of the parties does specifically waive, release, renounce and forever abandon whatever right, title, interest or claim, he or she may have in any bank a=unt, certificates of deposit, IRA account, bonds, shares of stock, investment plans and life insurance cash value that is to become the sole and separate property of the other pursuant to the terms hereof. Specifically, WIFE waives all right, title and interest she may have in the parties' PNC Bank Savings Account #51-3016-5068 to HUSBAND with an approximate current balance of 9 Individually liable and the parties agree to cooperate in closing any remaining accounts which provide for joint liability. 19. WAIVER OF INHERITANCE. Each of the parties hereto does specifically waive, release, renounce and forever abandon any right, title, interest or claim, if any, either party may have in and to any inheritance of any kind or nature whatsoever previously or in the future received by the other party. 20. WIFE'S DEBTS, WIFE represents and warrants 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 or obligations incurred by her. 21. HUSBAND'S DEBTS. 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 af)d all claims or demands made against her by reason of debts or obligations incurred by him. 11 22. BANKRUPTCY The parties hereby agree that the provisions of this Agreement shall not be dischargeable in bankruptcy consistent with 11 use 52(a)5 and expressly agree to reaffirm any and all obligations contained herein. In the event a party files such bankruptcy and pursuant thereto obtains a discharge of any obligations assumed hereunder, the other party shall have the right to terminate this Agreement in which event the division of the parties' marital assets and all other rights determined by this Agreement shall be subjected to court determination the same as if this Agreement had never been entered into. 23. SOCIAL SECURITY BENEFITS. The parties agree that subject to the rules and regulations of the Social Security Administration, each of the parties shall continue to be eligible for Social Security benefits to which he or she would ordinarily be qualified as a party to a divorce after a marriage of ten (10) years or more in duration, if the parties' marriage is determined to be of ten (10) or more years in duration. 24. INCOME TAX PRIOR RETURNS. The parties have heretofore filed joint federal and state returns. Both parties agree that in the event any deficiency in federal, state or local income tax is proposed, or any assessment of any such tax is made against either of them, for any year for which they have filed joint returns, each will indemnify and hold harmless the other from and against any loss or liability for any such tax deficiency or assessment therewith. Such tax, interest, penalty or expense shall be paid sole!y and entirely by the individual who is finally determined to be the cause of the additional liability, if determinable. If not 12 " ,'"..., ,,1,'~ " '.' ',\(.,' I,' ,\.', ,,' '/': ~ " '. : <.", ~~,~";-4:<"~';L) "::'?" '~t~";~,~"~'ti',>,,'__ '. J ":~' ',:~~ .,: ',~,:,,: ;:", ':.~,~, ~'" :'~, !:"~\,' ,.f '""'",, :"" ;.;,.' ',:\ 28. MUTUAL RELEASES. HUSBAND and WIFE each do hereby mutually remise, release, quitclaim and forever discharge the other and the estate of such other, for all time to come, and for all purposes whatsoever, from any and all rights, title and interest, or claims in or against the property (including income and gain from property hereafter accruing) of the other or against the estate of such other, of whatever nature and wheresoever situate, which he Oi she now has or at any time hereafter may have against such other, the estate of such other or any part thereof, whether arising out of any former acts, contracts, engagements or liabilities of such other or by way of dower or courtesy, or claims in the nature of dower or courtesy 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 surviving spouse to participate in a deceased spouse's estate, whether arising under the laws of (a) the Commonwealth of Pennsylvania, (b) State, Commonwealth of 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, equitable distribution, costs or expenses, whether arising as a result of the marital relation or otherwise, 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 provision thereof. It is the intention of HUSBAND and WIFE to give to each other by the execution of this Agreement a full, complete and general release with respect to any and all property of any kind or nature, real, personal or mixed, which the other now own$ or may hereafter acquire, except and 14 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 provisions thereof. 29. WAIVER OR MODIFICATION TO BE IN WRITING" No modification or waiver of any of the terms hereof shall be valid unless in writing and signed by both parties and no waiver of any breach hereof or default hereunder shall be deemed a waiver of any subsequent default of the same or similar nature. 30. MUTUAL ~OOPERATION. Each party shall, at any time and from time to time hereafter, take any and all steps and execute, acknowledge and deliver to the other party, any and all further instruments andlor documents that the other party may reasonably require for the purpose of giving full force and effect to the provisions of this Agreement. 31. A~GONHEIRS. This Agreement shall be binding and shall inure to the benefit of the parties hereto and their respective heirs, executors, administrators, successors and assigns. 32. INTEGRAI1QN, This Agreement constitutes the entire understanding of the parties and supersedes any and all prior agreements and negotiations between them. There are no representations or warranties other lhan those expressly set forth herein. 33. OTHER DOCUMENTATION. WIFE and HUSBAND covenant and agree lhallhey will forthwith (and within at least sixty (60) days after demand therefor), execute any and all written instruments, assigns, releases, satisfactions. deeds, noles, stock certificates, or such other writings IS ", :',::<:I~ 1 ':,0 ' : ;, ""'., \ ' ' .,' . \,' ',:,' ;~~,,' :'.:;' ,,1/":':'. ~ :: "::.' '~'. -'.1.',;' ,.:',',~~\: ,,:'.,~ ~l'~",~::~~;,,:,~: t ~,', ~~.l" : (~::'.;' ,:', ,'>,':':~ ~ ,/ < '.' '.:\~ :, '. :' ':=':" '; ;;i\"> ~ ;'~ :" ,II ,:,.'c' as may be necessary or desirable for the proper effectuation of this Agreement except as otherwise provided herein, and as their respective counsel shall mutually agree should be so executed in order to carry out fully and effectively the terms of this Agreement. 34. 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 this Agreement shall in no way affect the right to such party hereafter to enforce the same, nor shall the waiver of any subsequent default of the same or similar nature, nor shall it be construed as a waiver of strict performance of any other obligations herein. 35. BREACH. If for any reason either HUSBAND or WIFE fails to perfoml his or her obligations hereunder owed to or for the benefit of the other party and/or otherwise breaches the terms of this Agreement, then the other party shall have the following rights and remedies, all of which shall be deemed to be cumulative and not in the alternative, unless said cumulative effect would have an inconsistent result or would result in a windfall to the other party. (a) the right to specific performance of the terms of this Agreement, in which event the non-breaching party shall be reimbursed for all reasonable attorney's fees and costs incurred as the result of said breach and in bringing lhe aclion for specific performance. ]6 (b) the right to damages arising out of the breach of the terms of this Agreement, which damages shall include reimbursement of all attorney's fees and costs incurred as the result of the breach and in bringing the damage action. (c) the right to all remedies set forth in Section 3502(e) of the Pennsylvania DIvorce Code, 23 Pa.C.S.A. 3502(e), and any additional rights and remedies that may hereafter be enacted by virtue of the amendment of said Section or replacement thereof by any other similar laws, which remedies shall include, but not be limited to: (1) the entry of judgement; (2) the authorization of the taking and seizure of goods and chattels and collection of rents and profits of real and personal and tangible and intangible property; (3) the transfer and sale of any property required to obtain compliance with the obligations undertaken by this Agreement; (4) the posting of security to Insure future payments to assure compliance with the obligations undertaken by this Agreement; (5) the issuance of attachment proceedings and the holding of the Defendant to be in contempt and the making of appropriate order thereof including, but not limited to, commitment of the breaching party to county jail for a period not to exceed six (6) months; (6) the award of counsel fees and costs; (7) the attachment of the breaching party's wages. 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