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HomeMy WebLinkAbout94-00653 " I Ilil I \., " " , I I 1,1 I' 1~ .1: ;1 )11 \1' I , . I ~ t' ~ I I I 'I, t ~f ~ " 1\1 1'\ ,'I I' 1 , , ~ , " II " ., I' ,I " I' I, II *"~~~~_~':'~:~:~__"M!.:~_"'!'_~_:!'_ :~_,:~'_:lI!:~:~~ _~_ ~,,!'",>,"~:~'~:'~-:'~~-.:~....!I! ...~ . . . . . . . . . . . . . . ! . . . . . I', . . . (I . (I (I (I .. iii IiJ (I . (I ~ (I . . . (I (I (I (I (I .. TQdd W. Newhouse, $ (I " (I (I (I (I . i . . (I (I . (I (I (I (I (I , ~ (I . ~ ~-- IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY STATE OF '* PENNA. . DeniseF. NewhoU8&, N ().94~065.3" .,."".,.".. Jt4ix Plaintiff Civil Action - Law in Divorce V l'I';<\ I I.i Detendant DECREE IN DIVORCE AND NOW, , . M~'1 ' . , .cI . . , . . , , , . , , " 19.".'(.. it i. ordered and decreed that. Denise.Ii'., Newhouse.,......,..... ,."..,....., plaintiff, and. . . .Todd. .w. . Ne.whou_'6e. . . . . , . . , . . , , . , . . , . . . . . , . . . . . . . . , " defendant, are divorced from the bonds of matrimony. The court retains iurlsdlction of the following claims which have been rai.ed of record In this action for which a final order has not yet be.n entered; None ., :X:l)e, ,s.ePiJJ:'.a.t.lon. ,and. .P.roperty. .Sett.l.IIl1\en.t. .Agr.eement. da,t.ed,. "", . . ~ebruary. .1.8, , 1.994, .i.s ,incorpa,ra ted . into. th.i,s ,tH.v,or(!l!' , , , , . . , . . . Deer e reterence. * ny The Court' /) -1 i Allell. A /J.,LJ % o~. J, i: h#M K.~ I~ f Dft",c? ProthonotAry !: . . .~ I_~.~__-,*~~-,~_.~.,*,~-,*._.- 1i , , \' " " ", I " I, 'I ,.11 " , , ' , 'J; " .. \i 'I ;l' Ii, I" I," " I, ;'1'1 1'1 , " I, 'I " " , I , , I " ',I " .. , , , , , , , ,I , ~ III .. , , i! II ~AI~" l~~9' " 1'1 , ~ ~..ARATIOW AHD ,RO..RTY _ITTLIKIWT AGRI.WIKT THIS AGREEMENT, made this 18th day ot February 1994, by and between TODD W. NEWHOUSE of carlisle, Cumberland county, penn.ylvania, party of the first part, hereinafter referred to aa "Husband" and DENISE F. NEWHOUSE of Carlisle, cumberland County, Pennsylvania, party of the second part, hereafter referred to al "Wife". WITNESSETH: WH~REAS, husband and wife were married on January 18, 1993 in Plainfield, cumberland county, Pennsylvania; and WHEREAS, husband and wife have been living 6eparate and apart from each other since october 13, 1993; WHEREAS, husband and wife are residents of the Commonwlalth of Pennsylvania and have been so for at least the past six (6) months; and WHEREAS, certain diverse, unhappy differences have arisen between the parties hereto which have made them desirous of continuing to living separate and apart from one another; and WHEREAS, husband and wife desire to settle and determine certain of their marital rights and obligations, and make an equitable distribution of their marital property; WHEREAS, there was one (1) child born during the marriage: AARON ROBERT NEWHOUSE/ born January 5, 1994; and 1 ~. r f , ' WHEREAS, it is the intention and purpose of this Agreement to set forth the respective rights and duties of the parties while they continue to live apart from each other and to settle all financial and property rights between them, and WHEREAS, the parties hereto have mutually entered into agreement for the division of their jointly owned assets, the provisions for the liabilities they owe, and provisions for the resolution of their mutual differences, after both have had full and amble opportunity to consult with their respective attorneys/ and the parties now wish to have that agreement reduced to writing. NOW, THEREFORE, the parties hereto in consideration of the mutually made and to be kept promises set forth herein and for other good and valuable consideration, intending to be legally bound and to legally bind heirs, successors, assigns, and pereonal representatives, do hereby covenant, promise and agree as follows: ARTICLE I fiEE.AF.ATION 1.1 It shall be lawful for husband and wife at all times hereafter to 11 va separate and apart fz:om each other and to .roside from time to time at such place or places as they shall 2 . deem fit free from any control, restrain, or intorference, direct or indirect, by each other. Neither party shall molest the other or compel or endeavor to compel the other to cohabit or dwell with him or her by any legal or other proceedings. The foregoing provision shall not be taken to bo an admission on the part of either husband or wife of the lawfulness of the causes leading to them living separate and apart. ARTICLE II Ll1Y.QW 2.1 This Agreement is not predicated on divorce. It is specifically understood and agreed by and between the parties hereto and to each of the said parties does hereby warrant and represent to the other that the execution and delivery of this Agreement is not predicated upon nor made subject to any agreement for institution, prosecution, defense, or for the non- prosecution or non-defense of any action for divorce; provided, however, that nothins contained in this Agreement shall prevent or preclUde either of the parties hereto from commencing, instituting or prosecuting any action or action for divorce, either absolute or otherwise, upon just, legal and proper grounds; nor to prevent either. party from defending any such action which has been, may, or shall be instituted by the other 3 , party, or for making any just or proper defen$8 thereto. It ia warranted, oovenanted, and represented by husband and wife, lach to the other, that this Agreement is lawful and Qnforceable and this warranty, covenant, and representation is made for the specifio purpose of inducing husband and wife to executo this Agreement. Husband and wife each knowingly and undorstandingly hereby waive any and all possible claims of this Agreement is, for any reason, illegal, or for any reason whatsoever of public policy, unenforceable in whole or in part. Husband and wife do each hereby warrant, covenant and agree that, in any possible event he an she are and ever shall be estopped from asserting any illegality or unenforceability as to all or any part of this Agreement. 2.2 It is further specifically understood and agreed that the provision of this Agreement relating to the equitable distribution of property of t~e parties are accepted by each party as n final settlement of for all purposes whatsoever. Should either of the parties obtain a decree, judgment or order of sep~rati~n or divorce in any other state, county, or. jurisdiction, each of the parties to this Agreement hereby consents and agrees that this Agreemen~ and all its covenants 4 ~ shall not be eftocted in any WdY by any auch separation or divorcel and that nothing in any such decree, judgment, order or further modification or revision thereof shall alter, amend or vary any term of this Agreement, whether or not either or both of the parties should remarry, it being understood by and between the parties that this Agreement shall survive and shall not be merged into any decree, judgment or order of divorce or separation. 2.3 It is specifically agreed that a copy of this Agreement may be incorporated by reference into any divorce judgment or decree if or whenever sought by any of the parties hereto. It is understood by the parties that a divorce complaint has been filed in the Court of Common Pleas of Cumberland county at docket number 653 civil 1994. Such incorporation, however, shall not be regarded D merg.r, it being the intent of the parties to permit Agreement to survive any such agreements. ARTICLE III . EQUT.TABI,E DISTRIBl'TION OF MARITAL PROPERTY j.1. The parties have attempted to divide their marital property in a manner which conforms to the criteria Bet forth in Section 5 . 3502 of the Pennsylvania Domestic Relations Code, and taking into account the following considerations I the length of the marriage; the prior marriages of the parties; the age, health, station, amount and 80urces of income, vocational skills, employability, estate, liabilitie~, and need for each of the parties; the contribution of one party to the education, training or increased earning power of 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 benefits; the contribution of dissipation of each party in the acquisition, preservation, depreciation, or appreciation of marital property, inclUding the contribution of a party as a homemaker; the value of the property set apart to each party; the standard of living of the parties established during their marriage. 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 property not constituting marital property. The division of property under this Agreement shall be in full satisfaction of all rights of qquitable dist~ibution of the parties. 6 ~ a. The partiea hereby agree that any transfers of property pursuant to the terms of this Agreement shall be within the scope of the Deficit Reduction Act of 1984, or other similar tax acts (hereinafter "Act"). The parties agree to aign and cause to be filed any elections or other documents required by the Xnternal Revenue service to render the Act applicable to the transfers set forth in this Agreement, without recognition of gain on such transfers and subject to the carry-over basis proviaions of said Act. 3.3 Except as provided herein, the parties shall retain sole and exclusive right, title and possession of all personal property currently in their possession. Except as provide for herein, Husband shall make no claim whatsoever for any personal property in wife'u possossion. Additionally, except as provided for herein, Wife shull make no claim whatsoever for any personal property in Husband's possession. Should it be necessary for either party to execute any documents to convey tile to any such personal property in the other party's possession, they shall do so within thirty (30) days of the execution of this Agreement or within thirty (30) days of the requGst from the opposing party. 7 . 3.4 Exoept as provided herein, Wife waiveo any right or interelt she may have in Husband's employment benefits, including any retirement plan, stock option purchase plan, profit sharing plan or related matters. Except as provided herein, Husband waives any right or interest he may have in Wife's employment benefits, including any pension benefits, retirement plan, stock option purchase plan, profit sharing plan or related matters. 3.5 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 property subsequently acquired by the other party. Husband and Wifo specifically agree to waive and relinquish any right in such property that may arise as a result of tho marriage relationship. ARTICLE IV REJ..r,ASE OF SUPPORT FOR HUSBAND ".ND WIFE 4.1 The parties herein acknowledge that by this Agreement they have respectively seoured and maintained a substantial and adequate fund with which to provide th~mselves sufficient e ~ resour"es to provide for their oomfort, maintenance, and support in th~ station of life in which they ar~ aooustomed. Exoopt as provided herein, Husband and Wife do hereby for ever waive, release and give up any rights they may respectively have aqainlt the other for alimony, Bupport, or maintenance. 4.2 Husband and Wife specifically waive, rolease and give up any rights for alimony that they may be entitled to pursuant to Chapter 37 of the Pennsylvania Domestic Relations Code. ARTICLE V DEBTS OF THE PARTIES 5.1 Each party represents to the other that except as otherwise specificallY set forth herein, there are no major outstanding obligations of the parties, that since the separation neither party has contracted for any debts for which the ot.her will be responsible and each party indemnifies and holds harmless the other for all obligations separately incurred or assumed under this Agrep)1\ent. 9 . In the event either party contracted for or incurred any debts since the date of separation, the party who incurred said debt shall be responsible for the payment thereof regardless of the name in which the account may have been charged. Husband and Wife acknowledge and agree that they have no outstanding debtl or obligations of the Husband and Wife incurred prior to the signing of this Agreement. 5.2 Each party relinquishos any right, t~tle and interest he or she may have to any and all motor vehicles cur~ently in tho possession of the other party. Within thirty (30) days of the date of oxecution of this document, each party shall execute the necessary documents to have said vehicles properly registered in the other party's name with the Pennsylvania Department of Transportation. ARTICLE VI CUSTODY AND SUPPORT OF CHILDREN 6.1 The p~rties agrees that Wife shall have primary legal and physical custody of the child born during the marriage, Aaron Robert Newhouse. The Parties agree t~at Husband shall have no visitation with Aaron Robert Newhouse. 10 ~ . 6.2 The parties hereby agree that Wife shall be solely responsible for all financial support of Aaron Robert Newhouse. To the extent permitted by law, Wife further agrees to waive any claim for child support on bohalf of Aaron Robert Newhouse. 6.3 i Beginning with the tax year that ends December 31, 1994, the par.ties hereby agree that for Income Tax purposes, Wife shall claim Aaron Robert as a Dependent. ARTICLE VII MISCELLANEOUS PROVISIONS 7.1 The Parties hereto have retained independent legal counsel. The provisions of this Agreement and their legal effect have be~n fully explained to the parties by their respective counselor the parties have waived their right to have l~gal advice regarding the meaning and implication of this Agreement. The parties acknowledge and accept that this Agreement is, in the circumstances, fair and equitable, that it is being entered into freely and voluntarily, after having received such advice and with such knowledge that exscution of ~his Agreement is not the 11 ~ rQijult of any duress or undue influence and that it is not the result of any collusion or improper or illQg~l agreement or agreements. 7.2 Husband and wife do hereby mutually remise, release, quitclaim, and forever discharge the other and the estate of the other, for all times to come and for all purposes whatsoever, of and from any and all legal right, title and intereat, or claims in or against the property of the other or against the estate of the other, of whatever nature and wheresoever situate, which he or she now has or at any time hereafter may have against such other, the estate of such otherl or any part thereof, whether ar.ising out of any former 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 troat a lifetime conveyance by the other as toatamentnry, or all other rights of a Aurviving spouse to participato in a deceased spouse's estate, whether arising under the laws of (a) Pennsylvaniul (b) any state, commonwealth, or territory of the United statesl or (c) ,any other country, or any 12 , right.s which either party lnay have or at any time hereafter. have for past, present, or tuture support or maintenanoe, alimony, alimony pendente lite, Gouroe teee, oosts or expenses, whether arising as a result ot the marital relation or otherwise, exoept 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. It is the intention of Husband and Wife to give to each other by execution ot this Agreemllnt a full, complete, and general t'elease 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 tor the breach of any thereof. '1.3 Each party represents that since separation, 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 bo provided for in this Agreement. . Each party agrees to indemnify and hold the other party harmless from and against any and all such debts, liabilities or obligations ot Bach of them, inclUding those for l~ . 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, oharges, and liabilities incurred by the other after the execution date of this Agreement, except as is otherwise specifically provided herein. 7.4 No waiver or modification of any of the terms of this Agreement 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. 7.5 This Agreement shall be construed in accordance with the laws of the commonwealth of Pennsylvania which are in etfect a. of the data of execution of this Agreement. 7.6 ~ This Agreement shall be binding and shall inure to the benefit of the parties hereto and thei~ respeotive heirs, executors, administrators, suocessors and assigns. 14 , 'I ~ \ 7.7 This Agreonlent constituteu the entire understanding of the parties and supersedes any and all prior agreements and negotiations between them. There are no representations or warranties other than those expressly set forth herein. 7.8 If any term, condition, olauss, section, 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 forca, <llffoct, 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. "1.9 It is specifically understood and agreed that this Agreement constitutes an 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 Domestic Relations code of tho qommonwealth of Pennsylvania. , 15 . 7.10 The parties warrant and represent that they have made full disolosure of aU usete prior to the exeoution of this Agreement. ., .11 In the event either party to this Agreement shall breaoh any term, covenant or other obligation herein, the non-breaching party ehall be entitled, in addition to all other remedies available at law or in ~quity, to recover from the breaching party all costa which the non-breaching party may incur, inclUding but not limited to filing fees and attorney's foes, in any action or ~roceeding to enforce the terms of this Agreement. 7.12 This Agreement shall survive any action for divorce and decree of divorce and shall forever be binding and conclusive on the parties, and any independent action may be brought, either at law or in equit.y, to enforce the terms of this Agreement by elthar Husbnnd or Wifo until it shall have been fully satis~ied and performed. The consideration for this Agreement is the mutual benefits to be obtained by both of tho parties hereto and the covenants and agreements of each o~ the parties to the other. 16 . . The adequacy of the consideration for all agreements herein contained is stipulated, confessed, and admitted by the parti.., and the parUee intend to be legally bound hereby. IN WITNESS WHEREOF, the parties have set their hand. and seals the day and year first above written. WI'l'NESSED J\Y: i )) I I /',1 j,- I~ ~J~ I i ) // / // / (--,. Todd W. N.~house i',^tJfd'~ (' . \ , J I' 1..1..{ . ". ( Den se F. , (' , I " , , 'I \ II' I I I, I" 'I " I '. , "1 ' " , 'I I , I I I I , I '\ " ',/ 1 "~I 1'7 .. "1 I, . ,f " IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA DENISE F. NEWHOUSE, I Plaintiff I I CIVIL ACTION--LAW VI. I IN DIVORCE I TODD W. NEWHOUSE, I NO. 94-0653 Defandant I ...ICI.I TO TaAllKIT alcoaD To the prothonotary I Please transmit the reoord, together with the following information, to the Court for entry of a divoroe decree I 1. Ground for divoroee irr.etrievable breakdown under seotion 3301(0) of the Divoroe Code. 2. Date and manner of servioe of the complaintl Per.onal Servioe. Aooeptanoe of Servioe filed February 14, 19994. 3. Date of exeoution of the affidavit of oonsent required by Seotion 3301(0) of the Divoroe Codel by the Plaintiff--May 16, 1994 (filed May 16, 1994)1 by the Defendant--May 16, 1994 (filed May 16, 1994). 4. Related olaims pendingl No olaims raised. , , ~~, I ( ( ~. ~,: r: . " ~ .< ., , ~.., I, ' 1 ~, ,q r, 8 " , In " ~ ,. -'. >- l~ ~ .., !). The marr illge ill irretrievably broken. The fOrBqoing fact. are avarred and brought under Section 33Q1(c) of the Divoroe Code of 1980, ae amended. 6. The Plaintiff has been advised of the availability of coun.eling, and that the Plaintiff may have the riqht to request that the Court require the Parties to participate in coull8elinq. WHEREFORE, Plaintiff requests Your Honorable Court to enter a Decree in Divorce, divorcing the Plaintiff from the Detendant. ~OUHT III CUITODY 7. Paragraphs 1 through 6 above are hereby incorporated by reterence as if fully set forth herein. 8. Plaintiff and Defendant are the natural parents of Aaron Robert Newhouse, born January 5, 1994. 9. Plaintiff requests full physical and legal custody ot Aaron Robert Newhouse. Re.paottul1y submitted, MiC&:!tJ~/tk.qUir. Attorney ID No. 57976 11 West Pomfret street, Suite 2 carlisle, PA 17013 (717) 249-5373 . .01 Verifioation I verify that the statements made in the foreqoinq dooument are true and oorreot to the beet of my knowledqe, information and belief. Thie Verifioation ie made only ae to the faotual averments oontained herein, and not to leqal oonclu.ione and averment. authored by coun.el in hie oapaoity a8 attorney for the party or partie8 hereto. I under8tand that fa18e 8tatements herein are made eubject to the penaltiee of 18 Pa. C. S. section 4904, relatinq to unsworn falsification to authoritiee. ;/1k4IJ-/lt,J.,flrpi rt. .. , , " " 'I " , ' " , , 'I " , , " I , " , I , , " I,' , ' ., I >I , , I I, " :' , , \, I I' , " , @ a;; . ,>- ,. ,-:: ..,'1: Hj 8 (n '~~~r"' ffi '.~ "I, , :1 JI. "' l:" , , ~ 4) i" '" , ~ , 1\ ~ "R ~ ~ , ~ . ~ . . <l t) " '<1 ~ " I' I.., , q \l" .... vi: " II , I !I ',I I' , I,) 'I I' '" " I' I " " , i' I I' iI " " ,I " , , I Ii IN THE: COURT Of' COMMON PLEAS OF CUMBF,RLAND COUNTY, PENNSYLVANIA DENIsE r. NEWHOUSE, Plaintiff v. CIVIL ACTION - LAW IN DIVORCE TODD W. NEWHOUSE, Defendant NO. 94~0653 AFFIDAVIT OF CONBEN~ 1. A oomplaint in divorce under section 3301(0) of the Divorce Code was filed on February 14, 1994. 2. The marriage of tho Plaintiff and Defendant is irretrievably broken and more than ninety (90) days have elap.ed from the date of filing of the complaint. 3. I consent to the entry of a final decree in divorce. 4. I understand that ~ may lose rights concerning alimony, divieion of property, lawyer's fees or expenses if I do not olaim them before a divorce is granted. 5. I understand that the costs of these proceedJ,ngs will be paid for by Plaintiff. 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. B. Section 4904 relating to unlworn falsification to authorities. Date I May 16, 1994 ~~,~{'!i~.eG 'i' , I, ',I " " I 'I II, , "I ~ ,.. ~, r- 5 ,.. " '~:, I . 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