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HomeMy WebLinkAbout94-02343 'L"::;~ ~,';' =." ~l~i. ~;; """,~: ,~k:',;_: ~;','i' ~" ' 1':~F ~:J..: ",r" -i-:~- , ~'d" ,__;c-__ ~'; . r->., {'~ " ~. . M =r :rt) o ~ . I .. .-..... .. "',~,-~','~:-~,'~ -~-'~_:~::~:""~'-~.:'!.>_:~: .:.~~~:~":''!>..::~''::'!> ,*' .*, ,*' _..~ . ,; . : IN THE COURT OF COMMON PLEAS : . OF CUMBERLAND COUNTY 8 8 8 t STATE OF '* PENNA. : 8 8 . 8 . MARY C. UMBRELL, 8 Nil, 94-Z343 Civ,i.L1'erm . Plaintiff ~ 8 \"'1'''1.- 8 8 JOHN W. UMBRELL, 8 8 w Defendant 'I' ! " . ' . DECREE IN 8 , . · DIVORCE , . . ~ AND NOW"", f~" ,\:{",,, , 19~C it Is ordarod ond ~ . docrood thot """", ,~M~,( ,C,., ,lJt:lIl/l.Er..t.",.".,.,.""""", plr.llntlff, ~ . nnd ' , , , , , . , , . , . . , , ' , , , ,JOHN, ,1'/. , I1MQIlf;~,4 , , ' , , , , , , . , , , , , , , , " dBfoncilJnt. ~ . nro dlvorcod from tho honds of matrlmonv. ~ " Iil . ~ . The cOllrt rotolns lurlsdlctlon of the following clolms which hove ~ . beon ralllfld of record In this nctlon for which 0 flnnl ordar has not vet Iii 8 bORn ontflred; NONE ~ . ,~ . ,,'\'':1~.B, ,~gr,e,~J!1\'lf1," ,'?f, Nove!l1l-?er. 1,11, ,1991, ,1.s ,he"r~ ,i,I)\=!J.r.p.'?rf'l,t,~~, ,i,nto I~ . "t;l.lP, F. "OiV,oJ;cl!Oec/."e,fl."."..,,,,, "~J,j?.."........"" i: , ,/ // ~ " Ilv ~' cn'7!1' i I' I" 'Iii . <:' ' " ^"..Il'~."t"~l' I.' I.J. 1", /3"p:.",.l!r<.p .1. '~ ,. v .~ ~ 11' . (~11/" i! J0; It- ',~ ,. _ '" .. . C Vi") I'","""''''.'' i: - .'--~*--~~'-~*~"~'~"*"*'~'-"*"~'~- ,. ,fo 1 , o " t , ';;'15/k {A.I.. tlf// II,a:.!t/~' '~1f &I.l.... .} 15 ~< ""I-,,,i"a lHil'..df ~ {l77 (tl~? . .' , , .' .. ~ -. f I , , , AGRlBMlHT THIS AGREBMENT, made this Aay ofl\l(A)o....,~ , ! 1994 by and between JOHN W. UMBRBLL of Cumberland County, pennsyl~~pia u, (hereinafter referred to as HUSBAND), and MARY C. UMBRBLL of Dauphin County, Pennllylvania (hereinafter roferred to as WIFB), WHEREAS, HUSBAND and WIFE were lawfully marriod on January 7, 1961 in Dauphin County, Penflsylvania, and, WHEREAS, four children born of the marrJ.age are (J 11 adults, WHBREAS, diverse, unhappy differences, disputes and difficulties have arisen between the parties and it is the intention of WIFE and HUSBAND to live separate and apart for the rest of their natural lives, and the parties hereto are desirous of settling fully and finally their respective financial and property rights and obUgations as between each other, including without limitation by specificationl the settling of all matters betwmJn them relating to the ownership and equitahle distribution of real and personal property, settling of all mllttElrS between them relating to the past, present and fulure supporl, and alimony and in general, the settling of any and all claims by one against the other or against their respective estates, \ '; NOW, THERIUORE, in consideration the premises and of the mutual promises, covenants and undertakings hereinafter set forth hereby acknowledged by each of the parties hereto, WIFE and HUSBAND, each intending to be legally bound, hereby covenant and agree as follows. 1, SEPARATION. It shall be lawful for each party at all times hereafter to live separate and apart from the other party at such place as he or she may from time to time chose or deem fit, The foregoing provisions shall not be taken as an admission on the part of either party of the lawfulness or unlawfulness of the causes leading to their living apart. 2, INTERFERENCE I 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 their peaceful existence, separate and apart, 3, SUBSEQUENT DIVORCE. The parties hereby acknowledge that WIFE has filed a Complaint in Divorce in Cumberland county to docket number 94-2343 Civil Term, claiming that the marriage is irretrievably broken under the no-fault mutual consent provision of Section 3301(c) of the Pennsylvania Divorce Code, HUSBAND hereby expresses his agreement that the marriage is irretrievably broken and expresses his intent to execute any and 2 . '. all affidavits or other documents necessary for the parties to obtain an absolute divorce pursuant to Section (c) of the Divorce Code at the time as he executes this agreement. The parties hereby waive all rights to request Court-ordered counseling under the Divorce Code, It is further specifically undorstood and agreed by the parties that the provisions of this Agreement as to equitable distribution of property of the parties are accepted by each party as a final settlement for all purposes whatsoever, as contemplated by the Pennsylvania Divorce Code, Should a decree, judgment or order of separation or divorce be obtained by either of the parties in this or any other state, country or jurisdiction, each of the parties hereby consents and agrees that this Agreement and all of its covenants shall be not affected in any way by any such separation or divorce, and that nothing in any such decree, judgment, order or further modification or revision thereof shall alter, amend or vary any terms of this Agreement, whether or not either or both of the parties shall remarry. It is specifically agreed, that a copy of this Agreement or the substance of the provisions thereof, may be incorporated by reference into any divorce, judgment or decree. It is the specific intent of the parties to permit this Agreement to survive any judgment and to be forever binding and conclusive upon the parties. 4, DATE OF EXECUTION I The "date of execution" or "execution date" of this agreement shall be defined as the date upon which it is executed by the parties if they have each executed the agreement on the same date. Otherwise the "date of execution" 3 , or "execution date" of this agreement shall be defined as the date of execution by the party last executing this agreement, 5, DISTRIBUTION DATE I The transfer of property, funds and/or documents provided for herein, shall only take place on the "distribution date" which shall be defined as spec if ied herein. 6. MUTUAL RELEASE I 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, of and from any and all rights, title and interests, 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 situation, which he or she now has or at any time hereafter may have against the 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 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 willI or the right to treat a lifetime conveyance by the other as testamentary, or all other rights of a sur.viving spouse to participate in a deceased spouse's estate, whether arising under the laws of (a) Pennsylvania, (b) €Iny State, Commonwealth or territory of the United States, or (c) any country, or any rights which either party may have or at any time hereafler shall have for past, present or future support or maintenance, alimony, alimony 4 pendente lite, counsel fees, property division, costs or expenses, whether arising as a result of the marital relations or otherwise, 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. 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 owns or may hereafter acquire, except and only except all rights and agreements and obligations of whatsoever nature arising or which may arise under this Agreement or for the breach of any provision thereof. It is further agreed that this Agreement shall be and constitute a full and final resolution of any and all claims which each of the parties may have against the other for equitable division of property, alimony, counsel fees and expenses, alimony pendente lite or any other claims pursuant to the Pennsylvania Divorce Code or the divorce laws of any other jurisdiction. 7, ADVICE OF COUNSELl The provisions of this Agreement and their legal effect have been fully explained to the parties by JUDITH A, CALKIN, ESQUIRE, counsel for WIFE and SAMUEL L. ANDES, ESQUIRE, counsel for HUSBAND. HUSBAND and WIFE accept that this Agreement is, in 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 co) Ius ion or improper or illegal agreement or 5 agreements, The parties further acknowledge that they have each made to the other a full accounting of their respective assets, estate, liabilities, and sources of income and that they waive any specific enumeration thereof for the purpose of this Agreement. Each party agrees that he and she shall not at any future time raise as a defense or otherwise the lack of such disclosure in any legal proceeding, involving this Agreement, with the exception of disclosure that may have been fraudulently withheld, B. WARRANTY AS TO EXISTING OBLIGATIONS I Each party represents that they have not heretofore incurred or contracted for any debt or liability or obligation for which the estate of the other party may be responsible or liable except as may be provided for in this Agreement. Each party agrees to indemnify and hold the other party harmless for and against any and all such debts, li~bilities or obligations of every kind which may have heretofore been incurred by them, including those for necessities, except for the obligations arising out of this Agreement, 9. WARRANTY AS TO FUTURE OBLIGATIONS I WIrl and HUSBAND each covenant, warrant, represent and agree that with the exception of obligations set forth in this Ag~eement, neither of them shall hereafter incur any !i.ability whatsoever for which the estate of the other may be liable. Each party shall indemnify and hold harmless the other party for and against any and all debts, charges and liabilities incurred by the other after the execution date of this Agreement, except as may be otherwise specifically provided for by the terms of this Agreement. 6 10, MOTOR VEIIICLESI The 1989 Plymouth shall be the sole and separate property of WIFE. HUSBAND agrees to execute all documents necessary to effectuate this transfer. 11. CONTENTS OF MARITAL HOME I HUSBAND and WIFE hava divided to their mutual uthfaction all item. of per.onal property located in the muital home to their mutual .atidaction. All item. in each partie.' po..eH.ion .hall be the lole and .eparate property of that party. 12, REAL ESTATEI HUSBAND and WIFE own a home located at 338 lOth Street, New Cumberland, Cumberland County, Pennsylvania. The home is currently under a sales agreement with an anticipated settlement in October, 1994. The proceeds from the sale of the home shall be equally divided between HUSBAND and WIFE, HUSBAND and WIFE shall each be liable for 1/2 of any capital gains taxes that result from said sale. HUSBAND shall be solely liable for the payment of the mortgage on said home until the settlement. 13, IRA ACCOUNTSI HUSBAND has an IRA account at Harris Ravings Bank in his individual name. This account shall remain the sole and separate property of HUSBAND, WIFE has an IRA account at Harris Savings Bank in her individual name. This account shall remain the sole and separate property of WIFE. 14. HARRIS SAVINGS BANK STOCK I HUSBAND has, in his individual name, 430 shares of Harris Savings Bank stock. This stock shall remain the sole and separate property of HUSBAND, 15, GENERAL ELECTRIC TAX-FREE FUNDI The General Electric 'I'ax-l'ree Fund shill 1 be equally dlvided between the 7 f- parties. 16, PINS ION AND RITIRIKlNT ACCOUNTS. HUSBAND acquired during the marriage a civil service pension and an annuity paid by Metropolitan Life resulting from his employment by General Electric, HUSBAND shall be the sole and separate owner of the civil service pension and the Metropolitan Life annuity. 17. ALIMONY' HUSBAND agr.ees to pay WIFI Six hundred ($600.00) Dollars per month in alimony. This alimony shall not be subject to modification and will continue until the death of either HUSBAND or WIFE or until WIFE cohabits with a member of the opposite sex or until her remarriage. 18. AFTER ACQUIRED PERSONAL PROPERTY, Each of the parties shall hereafter own and enjoy, independently of any claims or right of the other, all items of personal property, tangible or intangible, hereafter acquired by him or her, 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. 19, APPLICABIloITY OF TAX LAW TO PROPERTY TRANSFERS. The parties hereby agree and express their intent that any transfers of property pursuant to this Agreement shall be within the scope and applicability of the Deficit Reduction Act of 1984 (herein the "Act"), specifically, the provisions of said Act pertaining to trans fers of property between spouses or former spouses, The parties agree to sign and cause to be filed any elections or other documents required by the Internal Revenue Service to render the Act applicable to the transfers set forth in this Agreement, 8 without recognition of gain on such transfer and subject to the carry-over basis provisions of said Act. 20. WAIVBR OF ALIMONY PBNDBNTB LITB AND LBGAL FBBS. Each party hereby waives any right to alimony pendente lite, The parties agree to be responsible for their own attorney's fees, 21, FULL DISCLOSURBI Each party asserts that she or he has made a Cull and complete disclosure of all the real and personal property of whatsoever nature and wheresoever located belonging in any way to each of them, of all debts and encumbrances incurred in any manner whatsoever by each of them, of all sources and amounts of income received or receivable by each of parties, and of every other fact relating in any way to the subject matter of this Agreement, These disclosures are part of the consideration made by each party for entering into this Agreement. 22. WAIVBR OR MODIFICATION TO BB 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, 23. MUTUAL CooPBRATION, 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 and/or documents that the other party may reasonably require for the purpose of giving full force and effect to the provisions oC this Agreement, 24. APPLICABLE LAW, '1'his Agreement shall be construed 9 in accordance with the laws of the Commonwealth of Pennsylvania which are in effect as of the date of execution of this Agreement, 2S, AGRBBMENT BINDING ON HBIRS. This Agreement shall be binding and shall inure to the benefit of the parties hereto and their respective heirs, executors, administrators, successors and assigns, 26. INTEGRATION. 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. 27. OTHER DOCUMENTATION. WIFE and HUSBAND covenant and agree 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 effectuation of this Agreement. 28. NO WAIVER ON 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 of such party hereafter to enforce the same, nor shall the waiver of any default or breach of any provisions hereof be construed as a waiver of any subsequent default or breach of the same or similar nature, nor shall it he construed as a waiver of strict performance of any other obligations herein. 10 . . 29, SEVERABILITY, 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. Likewise, the failure of any party to meet her or his obligation under anyone or more of the paragraphs herein, with the exception of the satisfaction of the conditions precedent, shall in no way avoid or alter the remaining obligations of the parties, 30. BREACH I If either party breaches any provisions 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 the party ,breaching this contract shall be responsible for payment of reasonable legal fees and costs incurred by the other in enforcing their rights under this agreement, 31. HE.~INGS NOT PART OF AGREEMENT I Any heading preceding the text of the several paragraphs and subparagraphs hereof are inserted solely for convenience of reference and shall not affect its meaning, construction or effect. IN WITNESS WHEREOF, the parties hereto have set their hands and seals this day and year /I I ,') {/:j.j/1, , ~ ,r.. L -<':PI} ,__ ~ .bove/"itte., ~' t. ).~~ n W. Umbra I '\ '?/:k~vc. I<ldldG Mar C. Umbrell 11 r>:I ~ ! lH ~ tJ dl I ltl lH I: 0 .~ . '" ~~ <=UII o-:l~ o-:l'tl I~ tU AU ... . ltllH ~.... ~I'I ~ ~ ~! 1-40 l\'l . . ~l\'l i ~i tJ ~ ~ I>< ~ ; ~ 0 0 '" tJ ~ ~t: ~ wr,~.' = ~:r.~~ ....0 .. h.':t:.t;:. ."-* N ?f:l~}.-.j '... ,II) . ~ :~; J; t:"1 ':' ..i~..J ,." .1 "- lI- .-) S! tl i;, \:5 a ~I I. ~I I :1 :~' \.,.:.., ~ I"" ':;::) <) ~ -::i-/ ....... " " ~, ~ "'" ~ '\to' p~ d. ~ ~ ~__ 1J -4 ':>I. ",'"'I f"{) ..... - .$ ~ ~~ "" .. .-+ ~ Q".." r- C-! r{ \~ V) _ ' I . . . t MARY C. UMBRELL, plaintiff I IN 'filE COURT OF COMMON PLEAS I CUMBERLAND COUNTY, PENNSYLVANIA I I NO. I I CIVIL ACTION-LAW I IN DIVORCE vs. JOliN W. UMBRELL, Defendant DIVORCE COMPLAINT 3301(C) 1, plaintiff is MARY C. UMBRELL, who resides at 338 lOth Street, New Cumberland, Cumberland County, Pennsylvania. 2. Defendant is JOHN W. UMBRELL, who resides at 338 lOth Street, New Cumberland, Cumberland County, Pennsylvania. 3. Plaintiff has been a bona fide resident in the Commonwealth for at least six months immediately previous to the filing of this Complaint. 4, The Plaintiff and Defendant were married on January 7, 1961 in Dauphin County, Pennsylvania. 5. There has been no prior action for divorce or annulment between the parties, 6, The Defendant is not a member of the Armed Forces. 7. The marriage is irretrievably broken, 8. Plaintiff has been advised of the availability of marriage counseling and that she may have the right to request the Court to require the parties to participate in such counsel ing. Being so advised, Plaintiff does not request that the Court require the parties to participate in counseling prior to a Divorce Decree being handled down by the Court. , . . CERTIFICATE OF SERVICE I, Judith A, Calkin, do hereby certify that a true and correct copy of the within Divorce Petition was mailed at Harrisburg, PA" certified-restricted delivery, postage pre-paid to the following person I John W. Umbrell JJB lOth Street New Cumberland, PA 17070 Datel J Ln en .. . ~.. i ~. .. .0 N N ,- m . ~ , . , . vs, IN TilE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO, 94-2343 Civil Term MARY C. UJlIBRELL, plaintiff JOHN W, UMBRELL, Defendant CIVIL ACTION-LAW IN DIVORCE AFFIDAVIT OF CONSENT 1, A complaint in Divorce under Section 3301(c) of the Divorce Code was filed May 3, 1994. 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety (90) days have elapsed from the date of the filing of this Complaint. 3, I consent to the entry of a Final Decree in Divorce, 4, I understand that I may lose rights concerning alimony, division of property, lawyer's fees, or expenses if I do not c~aim them before a divorce is granted. 5, I understand I may request that the Court require my spouse,,'and I to participate in marriagf.l counseling, being so advised, I do not request that the Court require my spouse and I to participate in marriage counseling, I understand that falBe statementB herein are made subject to the penalties of 18 Pa.C,S. Section 4904, relating to unsworn falsification to authorities. Date I February 2/ 1995 <'-/tt;... ) ~ J~ W. Ul~DRELL \ \"~. ., ~':'i! -.. . H .._._~.\BY__CJ._Utl~el~~~J....';__.~.~._.__._. . . filII 1 nt 1 ff III !he Coun 01 C "It PI.. 01 C........ eo_If, ''''''1TUi& ...............----...--..--............--.... VI, N,), l'l"'_?~"'~ clvl t term .......................... JOHN W, llMRRf.:f,f" ....-.....--.--....------------.----------..-- .....-.--.....----.....-------.---....----.... Defonc'ant ---.....--------------------------..--------- .....-...... --..., , .. ,_... ....-...-...--......... ........--------------..-----......---.---......-..--...---...--.........--...-....-----....-... Ple~Re wlt~~raw Count TT Bqultll~le nlRtrlhutlon From the above ..-.- .............-.--.-.....-.....-...... .......-....--.... . .... ,..--.........---........ cAptione~ ~ivorce. T'lil n'f you. .................-..................-----......---.....--...................---.....--.-.-.-... .........---.--..----------....------------------------.---..-...-....---.-.....-.--------------- ,-------.--.-.--..------.--.-.....---.-----.----.-------------------.-..--...---------.--.-.-...- ...--------------.-.-.,--..---.-.---------.------......-.-.---.--.-.--.-.-.........-....--. ..----..--.------.---.., --------------.---------..--- ,--.---. -..-."-.-.. -- ..--.-----.--.-. 1ro .........__...._._.______._..____________ Pralhoncnary I r . .__A______._.____________. 1'__.,- /'c-<,zL7"c /J~(;~i" . / I ..-........_~L___.___ __.... 01 tl c' it I, l\, C II I 'd n AttDnIIy for PI.lnll ; , \ I, . . . ~"" -- ""'("~'~' '" " - ~, ~ ill" ,:r i:'.' .:,'.';,,: "y ',lttl!"~" , !~, ._, --~~; i ~:,' <.'..:..1 ,') J J !. - - , ~ III ,.. ... - U III < III ,.. f ru '{ " I t. 26 . d 95 I ! t.~ . :jL:l ~.:-/". ~';;. ,) '~~f \", I, 1 . ! . . " \, . , 'f . . ,-,"