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HomeMy WebLinkAbout94-01163 . o <: \ ~-~,~~'~'-~'~~*~~--~-~-~~')"_::~:~::~.~--'~.~'~ -- " ~ ~ ~'. ~ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY STATE OF '* PENNA, ~ ,:, ~ ,', ~ ,', ~ ~ w ',' ,', ~ :1 JEAN1\.NtJ..MEARS, Plaintiff 'i ,', ~ ~ ',' N (I, .~.~.~.~...9.~'y.~L................. 1994 ,', ~ w ... VCI'SIIS R()BIN R .~EAR.~.' Defendant ~ ',' it ,', i!o ," ~ " ~ ',' DECREE IN D I va R C E~J', ~~ fA AND NOW.~" J ~".".., '. 19 ?,~.... II i. e,de,ed end decreed that.,............ ~~,~~. ~,n.~ .~~.a.~~.................., plaintiff, and....................... ,~~~~?..~~. ~~~:~................., defendant, are divorced from the bonds of matrimony. ,', ~ S~ ~ ,; $ ~ ~ ,'~ ~ ~.' w ... 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; " !!! s ,', ~ ,'~ ~ This Decree incorporates the Separation and Property Settlement .... .... ............... .... ... 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'0.; ,', I JEAN ANN MEARS, PLAINTIFF : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA VS. : NO. 1163 CIVIL 1994 : CIVIL ACTION - LAW ROBIN R. MEARS, DEFENDANT : IN DIVORCE PRAECIPE TO TRANSMIT RECORD TO TilE, PROTIIONOT ARV: Tmnsmitthe record, together with the following infonnation, to the Court for entry of a divorce decree: I. Ground for divorce: irretrievable breakdown under Section 330 I (c) of the Divorce Code. 2. Date and manner of service of the complaint: Certified mail, delivery date March 16, 1994. 3. Date of execution of the affidavit of consent required by Section 3301(c) of the Divorce Code: by plaintiff July I, 1994; by defendant: July I, ] 994. 4. Relate claims pending: none. u . J c i J eAnnond At y for Plaintiff Attorney ID 1164177 2800 Market Street Camp Hill, PA 17011 (717) 730-9394 ....."J. . . ~~ -~.lo. .,. :.;: - - .c'!'= (:--- ," ..... .'") ~ .. "'" .c -..., ~ ,,., ,0. . -.: :-4'=: C-, , ,a ~ -- -') ...... " ~ ~\ ... ,,"-. . . . . . SEPARATION AND PROPERTY SETTLEMENT AGREEMENT ./~ ~ THIS AGREEMENT made this -L day of . , 1994, by and between Jean Ann Mears, 555 North Richhill Street, Waynesburg, G en County, Pennsylvania 15370. party of the first part, hereinafter referred to as "Wife" and Robin R. Mears, 107 Ewe Road. Mechanicsburg, Cumberland County. Pennsylvania 17055. party of the second part. hereinafter referred to as "Husband." WITNESSETH: WHEREAS. Husband and Wife were married on December 4, 1976, in Adams County, Pennsylvania; WHEREAS. there is one minor child of this marriage, Derek Christopher, born May 20, 1984. WHEREAS, Husband and Wife are residents of the Commonwealth of Pennsylvania and have been so for at least the past six months; WHEREAS. certain dilTerences have arisen between the parties hereto and as a consequence, they have lived sepamte and apart since June I, 1993; WHEREAS, Husband and Wife desire to seule and detennine certain oftheir marital rights and obligations, and make an equitable distribution of their marital property, detennine their rights to alimony, support and other maUers which may be considered under the Divorce Code; and 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 seUle all financial and property rights between them; and: t~-f~:::'-:"f't+'."'~ . . " WHEREAS, the parties hereto have mutually entered into an 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 ample opportunity to consult with allomeys of their respective choice, the parties now wish to have that agreement reduced to writing. NOW THEREFORE, the parties hereto in considemtion of the mutually made and to be kept promises set forth hereinafter and for other good and valuable considemtion, and intending to be legally bound and to legally bind their heirs, successors, assigns, and personal representatives, do hereby covenant, promise and agree as follows: ARTICLE I SEPARATION 1.1 11 shall be lawful for Husband and Wife at all times hereafter to live sepamte and apart from each other and to reside from time to time at such place or places as they shall respectively deem fit, free from any control, restmint, or interference, direct or indirect, by each other. Neither party shall molest the other or compel the other to cohabit or dwell with him or her by any legal or other proceedings. The foregoing provisions shall not be taken to be an admission on the part of either Husband or Wife of the lawfulness of the causes leading to them living sepamte and apart. . . '. ARTICLE II DIVORCE 2.1 This Agreement is not predicated on divorce. It is specifically understood and agreed by and between the parties hereto and each of the said parties does hereby warrant and represent to the other that the execution and delivery of this Al.'Teement 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 nothing contained in this Agreement shall prevent or preclude either of the parties hereto from commencing, instituting or prosecuting any action or actions for divorce. whether absolute or otherwise. upon just, legal and proper ground; nor to prevent either party from defending any such action which has been. may or shall be instituted by the other party. or from making any just or proper defense thereto. It is warranted. covenanted. and represented by Husband and Wife. each to the other. that this Al.'Teement is lawful and enforceable and this warranty, covenant and representation is made for the specific purpose of inducing Husband and Wife to execute the Agreement. Husband and Wife each knowingly and understandingly hereby waive any and all possible elaims that this Agreement is. for any reason. illegal. or unenforceable in whole or in part. Husband and Wife do each hereby warrant. covenant and agree that. in any possible event. he and she ar~ and shall forever 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 provisions of this Agreement relating to the equitable distribution of property of the parties are accepted by each party as a final settlement for all purposes whatsoever. Should either of the parties obtain a decree, . . '. judgment or order ofsepamtion or divorce in any other state, country, or jurisdiction, each of the parties to this Agreement hereby consents and agrees that this Agreement and all its covenants shall not be alTected in any way by any such sepamtion and divorce; and that nothing in any such decree, judgment, order or further modification or revision thereof shall alter, amend or vary any teoo 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 sepamtion. 2,3 It is specifically agreed that a copy ofthis Agreement may be incorpomted by reference into any divorce, judgment or decree ifor whenever sought by either of the parties hereto. Such incorpomtion. however, shall not be regarded as a merger, it being the intent ofthe parties to peooit this Agreement to survive any such judgment or decree. ARTICLE III EOlllTABLE DISTRIBUTION OF MARITAL PROPERTY 3.1 The parties have attempted to divide their marital property in a manner which confooos to the criteria set forth in Section 40 I of the Pennsylvania Divorce Code, and taking into account the following considemtions: the lenb>th of the marriage; the prior marriages ofthe 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 education. tmining 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. insumnce or other benefits; the contribution or dissipation of each party in the acquisition, preservation, depreciation, or appreciation of marital property, including the contribution ofa party as a homemaker; the value of the property set apart to each party; the standard ofliving of the parties established during their 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, 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. The division of property under this Agreement shall be in full satisfaction of all rights of equitable distribution of the parties. 3.3 Tangible Personal Property. The parties acknowledge that they have divided their tangible personal property to their mutual satisfaction. The parties further acknowledge that they have the personal property in their possession that they wish to have and neither will make any claim whatsoever against the other party for any other items of personal property in that other party's possession. Intanl;lible Personal Property. Wife agrees to transfer all of her right, title and interest in the TravelerslPrimerica stock, Common Sense stock, sllvings bonds and the Dean Witter retirement account to Husband. Furthennore, Husband agrees to pay to Wife the sum oftive thousand dollars ($5,000.00) in sixty (60) installment payments of eighty-three dollars and thirty-three cents ($83.33). The aforementioned payments shall commence on the first day of the month following the execution of this Agreement. It is hereby acknowledged that said payments are a lump distribution of the parties' property and not to be considered as alimony or support. 3.4 Automobiles. Husband agrees to transler any and ail legal and equitable interest in the 1984 Audi to Wife. Wife agrees to transfer any and all legal and equitable interest in the 1986 Audi to Husband. . . " 3.5 Medicallnsumnce. Wife agrees that she will maintain health insumnce on the minor child, Derek Christopher, as long as he is eligible for such benefits. Husband will obtain sepal'llte health insumnce for himself. 3.6 Pension. Husband and Wife hereby waive any right, title and interest to each other's pension and retirement benefits. 3.7 Life Insul'llnce. Husband agrees to list Wife lIS beneficiary of his life insumnce policy until such time Wife procures a policy of her own, 3.8 Automobile Insurance. Husband agrees to retain Wife on his automobile policy until Wife is able to obtain adequate covemge for herself. ARTICLE IV REAL ESTATE 4,1 Husbarid agrees to tl'llnsfer to Wife all legal and equitable interest in the real property located at 555 North Richhill Street, Waynesburg, Green County, Pennsylvania. Wife agrees to refinance the mortgage secured by said real property. Wife agrees to transfer to Husband all legal and equitable interest in the real property located at 107 Ewe Road. Mechanicsburg, Cumberland County, Pcnnsylvania, Husband agrees to refinance the mortgage secured by said rcal property. . . ARTICLE V DEBTS OF TilE PARTIES 5.1 Husband and Wife agree to indemnitY and hold each other hannless from any claims resulting from debts incurred individually during the course of the marriage and prior to the date of separation. ARTICLE VI CHILD CUSTODY. CIIILD SUPPORT AND SPOUSAL SUPPORT 6.1 The parties agree that Husband and Wife shall share legal custody ofthe minor child. Derek Christopher, born May 20, 1984. Wife will have primary physical custody of the minor child with the Husband having reasonable visitation subject to the following schedule: Wife shall have physical custody of the child during the school year and through the completion ofthe 1994 baseball season. Husband shall havr. physical custody ofthe child commencing with the completion ofthe 1994 baseball season and continuing until the beginning ofthe 1994-1995 school year. Wife shall have physical custody of the child during 1994-1995 school year and for all school years thereafter with Husband having physical custody during the summers. This custody arrangement shall remain in effect until such time the minor child requests a change. Husband and Wife acknowledge that they will remain flexible with the visitation schedule so as to facilitate Derek's activity schedule. 6.2 The parties agree that they will not claim maintenance, alimony or support for themselves. tempomrily or permanently. or lit any time from each other, Husband shall pay to Wife the sum ofSloo.OO per month for support of the minor child. ARTICLE VII MISCELLANEOlJS PROVISIONS 7.1 Advise of Counsel. The provisions of this Abrreement and their legal effect are fully understood by the parties. The parties understand their legal rights and obligations. Wife has been represented in this mailer by her Allomey, Jackie J. DeAnnond, Esquire, of Camp Hill, Pennsylvania. Although advised to obtain legal counsel, Husband has chosen no to do so. 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 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. 7.2 Counsel Fees. Husband and Wife agree to be responsible for their respective attorney fees, 7.3 Mutual Release. Husband and Wife each do hereby mutually remise, release, quitclaim and forever discharge the other and the estate 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 (including income and gain from property hereafter accruing) of the other or against the estatc of such other, of whatcver nature and wheresoever situale, which hc or she now has or at any time hereafter may have against such other, the estate of such olher, 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 estate, whether arising under the laws of (a) Pennsylvania, (b) any state, commonwealth or territory of the United States, or (c) any 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 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 intenlion of Husband and Wife to give each olherby execution of this Ab'Teement a full, complele and general release with respect to any and all property of any kind of 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 breaeh of any thereof. 7,4 Warranties. Each party represents that they have not heretofore incurred or contracted for any debt or liability or obligations 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 each of them, including those for necessities, except for the obligations arising out of this .r. _. ~ Agreement. Husband and Wife each warrant, covenants. rcprcsent and agree that each will, now 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 terms of this Agreement and that neither of them hereafter incur any liability whatsoever for which the estate of the other may be liable. 7.5 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. 7.6 Husband and Wife covenant and ab'l'ee that they will forthwith execute any and all written instruments, assignments, releases. satisfactions. deeds, notes or such other writings as may be necessary 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 terms of this Agreement. 7.7 This Agreement shall be construed in accordance with laws of the Commonwealth of Pennsylvania which are in effect as of the date execution of this Agreement. 7.8 This Agreement shall be binding and shall inure to the benefit of the parties hereto and their respective heirs, executors, administrators, successors and assigns. 7.9 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 than those expressly set forth herein. 7.10 Severabilitv. Ifany tenn, condition, clause, section, or provision of this Ab'l'eement shall be detennined or declared to be void or invalid in law or otherwise, then only thattenn, 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 any or more of the articles and sections shall in no way void or alter the remaining obligations ofthe parties. 7.11 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 Divorce Code of the Commonwealth of Pennsylvania. 7.12 Disclosure. The parties warrant and represent that they have made a full disclosure of all assets prior to the execution of this Agreement. 7.13 Enforceability and Consideration. 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 equity, to enforce the tenns of the Agreement by either Husband or Wife until it shall have been fully satisfied and perfonned. 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 and stipulated, confessed and admitted by the parties, and the parties intend to be legally bound hereby. In the event either party breached the aforesaid Agreement and it is detennined through appropriate legal action that the alleged party has so breached the Agreement, the breaching party shall be responsible for any and all allomey'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. tN ~ yfi~ 'it' ;" -, ROBIN R. MEARS .~~ COMMONWEALTH OF PENNSYL VANIA SS. COUNTY OF Cu fT\ IJe-r 1Vr-(1 L1~ - On this. the .r::.. day of _ j (,l()€.. , 1994, before me, a Notal)' Public for the Commonwealth of Pennsylvania. personally appeared JEAN ANN MEARS known to me to be the person whose name is subscribed to the within Agreement and acknowledged that her executed the same for the purposes therein contained. IN WITNESS WHEREOF. I have hereunto set my hand and official seal. d;tkL (hILj" Notal)' Public NOTAR('\l Sf./i OARlfN[ !\ \',t...;'II, fU:;;'( PLtllic C:r<'I;: H,;" L...T,:<;:::i!,n CGuN, MICo;nmi":'~l h;;,r(; ria., Ie, 1996 .. . . COMMONWEALTH OF PENNSYL VANIA SS. COUNTY OF (l u"""a.'H U On this, the ---R- day of :Tv..." , 1994, before me, a Notary Public for the Commonwealth of Pennsylvania, personally appeared ROBIN R. MEARS, known to me to be the person whose name is subscribed to the within Agreement and acknowledged that her executed the same for the purposes therein contained. IN WITNESS WHEREOF, I have hereunto set my hand and official seal. Li"~ e ~k I Notary Public NOTNlI/\l S[/,l ~l,!fVf i: C ENGU tJ0:11)IPublic ~ ." ' ;" "<" f ",' if':~,' , L-: ~s (:r;"~~.~"'{;rJij . , '.., ..-., -::r en ~ ~~s . ~I .! .~~ ..,:. ....... ~ i-~~ ~ ~o';';) "" ~ ~I.r)~ ~ Cl - -- ~ ::;Q - ~ \)0 r-(<3- oO;:S- ~'-.9 ..it. ~~ :::r:: _n't t"'l In @~ = _.;< i~. C)" .. I...: ..,..., , - "" ~ !..:-: .:.'-' , . . - " JEAN ANN MEARS, PLAINTIFF : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY . PENNSYLVANIA VS. ; NO. II (p 3 ~ /1 q If : CIVIL ACTION-LA W ROBIN R. MEARS, DEFENDANT : IN DIVORCE NOTICIo: TO m:I'END AND CLAIM RIGHTS YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set forth in the following pages, you must take prompt action. You are warned that if you fail to do so, the case may proceed without you and a decree of divorce or annulment may be entered against you for any claim or relief requested in these papers by the PlaintilT. You may lose money or property or other rights important to you. When the grounds 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 the Cumberland County Courthouse, Carlisle, Pennsylvania. IF YOU DO NOT FILE A CLAIM FOR ALIMONY. DIVISION OF 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 THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. COURT ADMINISTRATOR CUMBERLAND COUNTY COURTHOUSE CARLISLE, PA 17013 (717) 240-6200 ~. JEAN ANN MEARS, PLAINTIFF IN TIlE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA VS. NO. CIVIL ACTION - LAW ROBIN R. MEARS, DEFENDANT IN DIVORCE COMPLAINT IN DIVORCE UNDER SECTION 330Hd OR SECTION 330Hdl OF THE DIVORCE CODE I. The PlaintilT, Jean Ann Mears, is an adult individual who currently resides at 555 North Richhill Street, Waynesburg, Green County, Pennsylvania 15370. 2. The Defendant, Robin R. Mears, is an adult individual who currently resides at 107 Ewe Road, Mechaniesburg, Cumberland County, Pennsylvania 17055. 3, PlaintilThas been a bona fide resident of the Commonwealth of Pennsylvania for at least six months immediately prior to the filing of this Complaint. 4. The PlaintilT and the Defendant were married on December 4, 1976, in Gettysburg, Adams County, Pennsylvania. 5. The parties separated on or about June, 1993. 6. Neither party has instituted any prior action of divorce or annulment with regard to this marriage in this or any other jurisdiction. 7. There are no minor children by this marriage. 8. Neither the PlaintilTnor the Defendant are members of the Anned Forces of the United States of America or any of its allies. 9. The marriage is irretrievably broken. .~';:'~o.J.! t~"~"">"~:"""".';,~"rt " 10, The PlaintilT avers that she has been advised of the availability of counseling and that she may have the right to request that the Court require the parties to participate in counseling. II. The parties may enter into a written agreement with regard to the division of property. In the event that such an agreement is executed by the parties, the agreement may be incorpomted by the Court into the linal Decree of Divorce. Wherefore, the PlaintilTrequests this Honorable Court to enter a Decree of Divorce in this matter pursuant to 330 I (c) or 3301 (d) of the Divorce Code. DATE:~ 1 ,1994 t -. ---, ,.... , , VERIFICATION I, Jean Ann Mears, state that I am the Plaintiff in the above-captioned case and that the facts set forth in the above Complaint in Divorce are true and correct to the best of my knowledge, infonnation and beHef. I realize that false statements herein are subject to the penalties for unsworn falsification to authorities under 18 Pa. C. S. 4904. Date: 3-5-9f h.- JEAN ANN MEARS, PLAINTIFF IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA VS. NO. 1163 CIVIL 1994 CIVIL ACTION - LAW ROBIN R. MEARS, DEFENDANT IN DIVORCE AFFIDAVIT OF CONSENT I. A Complaint in Divorce under Section 330 hc) of the Divorce Code was filcd on March 10, 1994. 2. The marriage of plaintilT and defendant is irretrievably broken and ninety (90) days have elapsed from the date of filing of the Complaint. 3. 1 consent to the entry of a linal decree of divorce. 4. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if 1 do not claim them before a divorce is granted. I verify that the statements made in this affidavit arc true and correct. I understand that false statements herein arc made subject to the penalties of 18 1'0. C. S. Section 4904 relating to unsworn !silication authorities. v;;~ V ~1fI4w Robin R. Mears, Defendant Date: 1- /-qi Date: 7-(- 9'/ , ....1. -::r cr> - >':>>- ~:... .... ..'" cO = co_ c:> .-4 .....\ , ...:" U.~;;'. - <~'" ... :=> --. i.'.'" J ;~~ (.,