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HomeMy WebLinkAbout94-03209 I fl' vtl I I I 1 8.2' \ i VI i ! j , , '" " .~.. i / I , i I I , I , , ,.....'1011 un .10.U'1'Y 11'1''1'L'''11IT .a........... THIS AGREEMENT, made thia J~ dday at _ G6:~t~ , 199f, by and between l'1'lYII L. l,oMea, or1ronaleyeburq, cu.lfjrland County, hereinatter reterred to all l/1ueband," and JlIrIO. I.OMeal of WormleYlburq, CUlllberland County, hereinatter reterred to aa "W te." WITNESSETH I WHEREAS, Hueband and Wite were lawtully married May 9, 19871 I I and WHEREAS, certain ditterencee have arieen between the partie., al a reeult at Which they have decided to separate, and are delirous theretore at entednq into an Aqreement which will dietribute their marital property in a manner which ie equitable and will provide tor their mutual reeponlibilitiee and riljlht. growing out at the marriage relationship 1 and WHEREAS, the partie. hereto, atter beinq properly advieed by counsel, or having had the opportunity at being properly advieed by coun8el, understand the leqal impact at this Aqreement and execute thie Aqreement intendinq to be legally bound by the terme at thie Agreement, NOW, THEREFORE, in consideration at the above recitals and the following covenants and promises mutually mads and mutually to be kept, the partie. heretotore, intending to be legally bound and to legally bind their heire, suoceeeors and aeeigne thereby, covenant, promise and agree ae tollowsl 1. SEPARATION I The parti.. aqree to live separate and apart tram one another at such places as he or she may trom time to time choo.e or deem fit. 2, INTERFERENCE I Each party shall be tree trom interterence, authority and contact by the other, ae tully ae it he or eh. were eingle and unmarried, except ae may b. neceeeary to oarry out the provisions ot th1e Agreement, Neither party eha11 molest the other nor attempt to endeavor to moleet the other, nor compel the other to cohabit with the other, nor in any way interfere with the peaoetul exietenoe, eeparate and apart tram the other, 3, WIFE'S DEBTPI Wite represente and warrants to Hueband that sinoe the date of th1e Aqreement ehe hll not, and in the future ehe will not, oontraot or inour any debt or liabilitr tor whioh Hueband of hie Estate might be reeponeible and shal indemnity and saVe Husband harml.es from any and all olaime or demande made againet him by realon of debts or obliqation. incurred by her, 4. HUSBAND' S DEBTS I Husband represents and warrants to Wife that since the date of this Agr....nt h. has not, and in the fu~ure h. will not, contract or inour any d.bt or liability for which Wife of h.r Estat. .ight be r..ponsibl. and shall indemnify and save Wit. harml.s. froll any and all claim. or delland. made against h.r by r.a.on of d.bts or obligations incurr.d by hill. MUTUAL RELEASEI Subject to the provisions of this Agree.ent, .ach party waiv.s his or her right to alimony and any further distribution of prop.rty ina..uch as the parties hereto agree that this Agreem.nt provid.s for an .quitable distribution of their marital prop.rty in accordanc. with the Divorce Code of 1900. subj.ct to the provisions of this Agr.em.nt, .ach party has r.leased and di.charged, and by this Agreellent doe. for hillself or herself, and his or h.r heirs, legal representatives, executors, administrators and assign., release and discharge the other of and froll all cau.e. of action, claills, righte or desand. whatsoever in law or equity, which either of the parties .v.r had or now has against the other, exc.pt any or all cause or caus.s of action for divorce and .xcept in anr or all cause. of action for breach of any provisions of th s Agreement. Each party also waiv.. their right to request marital counseling pursuant to Section 202 of the Divorce Cod., 5. 6. EOUITABLE DISTRIBUTION OF MARITAL PROPERTY I Th. parti.. have atte.pt.d to distribute th.ir lIarital prop.rty in a .anner which conform. to the criteria set forth in section 401 of the Penn.ylvania Divorc. Code, and taking into account the following considerations I the l.ngth of the .arriage, the faot that it i. the Wife's second marriage and Husband's third marriag., the ag., health, station, amount and .ourc.. of income, vocational Skills, employability, estat., liabilities and needs of each of the parties, the contribution of each party to the education, training or increased earning power of the other party, the opportunity of each party for future acquisitions of capital anets and incolle/ the sources of incom. of both parties, including but not limited to medical, r.tirement, insuranc. or other b.nefits/ the contribution of diasipation of each partr in the acquisition, presarvation, depreciation or appr.o ation of the marital property, inclUding the contribution of each spouse as a homemaker, the value of the prop.rty set apart to .ach party, the .tandard of living of the parties establi.h.d during the lIarriage, the econollic circumstances of each party at the time the division of property at is to beoo.e .ffectiv., The division of existing marital property is not intended by the parti.s to constitute in any way a salo or exohange of assets, and the division is being effect.d without the introduction of outside funds or other prop.rty not constituting marital property. The division of property under this Agreell.nt shall be in full satisfaction of all marital rights of the parties. 2 " , , A. DISTRIBUTION OF MARITAL LANDI Hu.band and Wife agree th.t the property .t 130 S.cond street, WOrllley.burg, CUl\berl.nd County, Pennsylvania, waa pre-m.rital property of Wite and therefore Husband agrees to relinquish, release and discharge any and all right, titl. and int.re.t in said prop.rty. Hu.band and wife agree that the property at 1116 oyster Mill Road shall be transferred unto Wit.. Hu.band r.lea.es, relinquishes and discharges any and all right, title and interest in said Oyster Mill Road property. Hu.band and Wife agree that the property at 31 Market street i. lIarital property which said property is .ubj.ct to an installllent sales contract between the part i.. and the Wife's .on Mark. Husband and Wife agree that th.re is no value to this property for equitable distribution purposes therefore the parties agree that Mark shall continue to make payments on the installment sal.s contr.ct, from the proceeds Wife will pay the oo..ercial cr.dit and use the balance for all insurance and tax.s. Both parties agree to ex.cute whatever document is n.c.ssary to effectuate a finalization of that prop.rty. Hu.band agrees to quit claim the property at 31 Mark.t street to Wife. Wife agrees to solely bs responsible for the mortgage on said property and further a!Jrees to indemnify and save harmless Husband on account of said mortg.ge. Hu.b.nd and Wife agree that the Florida tim. .h.re prop.rty shall become the sole and s.par.te prop.rty of Hu.band. Wife agrees to relinquiSh, r.l.... .nd discharg. any and all right, title and intere.t in .aid Florida time share property. Husband agree. to ind.mnify and hold harmless Wife on account of any claills, co.ts or amounts paid by Wife on said Flori~a time share prop.rty. It is agreed that the parties will execute any and all documents n.cessary to effectuate the transfer of the marital land as set forth herein, B, PERSONAL PROPERTY I Husband and Wife agree that all the p.r.onal property in the hOIl. shall remain that of Wife with the exception of Husband's knife coll.ction, pictures and me.orabilia which shall beco.e the .01. and separate of Husband, Neither party shall .xert any claill or demand upon the other and either party shall be fr.e to transfer or sell any such personal pr.operty a. though it was their own without the consent of the other party. Husband and Wife agree that the motoroycle shall be transferred unto Husband and Wife will execute any and all docUlllents necessary to effectuate the transfer of the motorcycle to Husband including providing Husband with the title to the .ame. 3 HUlband and Wife aqree that Husband's truck has already b.en liqned over to Husband and Wife shall relinquish, release and discharqe any and all riqht, title and inter.lt in said truck. Husband and Wife further aqree that Husband will qive unto Wife her football monster, liqht blue leather vest, blue niqht windbreaker and a wind deflector. 7, ALIMONY I Both parties aoknowledqe and aqree that the provisions of the Aqreement providing for equitable distribution of marital property are fair, adequate and satisfaotory to them and are aooepted by them in lieu of and in full and final settlement and satisfaotion of any claims or demands that either may now or hereafter have aqainst the other for support, maintenanoe or alimony. Husband and Wife further, voluntarily and intelliqently waive and relinquish any riqht to seek from the other any payment for support or alimony, B. CONSIDERATION: In oonsideration of the aforementioned transfers of marital property and personal property, Husband aqrees to pay unto Wife the sum of $6,500.00J. which has been paid to Wife by oheck dated June 4, 1995 wh ch said payment represents oontributions that Wife has made towards the loan obliqation whioh is part of the home equity loan, 9. ALIMONY PENDENTE LITE. COUNSEL FEES AND EXPENSES: Husband and Wife aqree and acknowledqe that the provisions of this Aqreement providinq for the equitable distribution of marital property of the parties is fair, adequate and satisfaotory to eaoh of them. Both partiel aqree to accept the provisions set forth in this aqreement in lieu of and in full and final settlement and satisfaotion of all claims and demande that either may now have or hereafter have aqainst the other for alimony pendente lite, counsel fees or, expenses or any other provisions for support and maintenance before, durinq and after commenoement of the proceedinqs for divorce or annulment between the parties, 10. WAIVERS OF CLAIMS AGAINST ESTATES: Except as herein otherwise provided, each party may dispose of his or her property in any way, and each party hereby waives and relinquishes any and all riqht he or she may now have or hereafter acquire, under the present or future laws of any jurisdiotion, to share in the property or the estate of the other as a result of the marital relationship, includinq without limitation, dower, curtesy, statutory allowanoe, widow'S allowance, riqht to take in intestaoy, riqht to take aqainst the will of the other, and riqht to aot 8S administrator or exeoutor of the other's estate, and each will, at the request of the other, execute, acknowledqe and deliver any and all instruments Which may be necessary or advisable to oarry into effect his mutual waiver and relinquishment of all such interests, riqhts and claims. 4 11. 12, 13. 14, 15. SUBSEOUENT DIVORCE. It i. cont.mplat.d that Wife will proc.ed with a no-fault co.plaint in divorce again.t Husband in the near futur.. Husband and Wife agree to sign an affidavit of consent and an affidavit waiving coun.eling to b. filed in . saLd divorce action, In the event suoh divorc. action 18 conclud.d, Husband .hall be entitled to receive a copy of the Decree in Divorce for the normal f.e charged by the Prothonotary and shall not be a.....ed any costs of the proce.ding. In the event such divorce action is concluded, the parti.s .hall b. bound by all the terms of this Agr.e.ent, which .hall not be incorporated by reference into the Divorce Decree, but shall in all resp.cts survive the sa.. and be for.ver binding and conclusive upon the partie.. BREECHI If eith.r party breaches any prov1eion of th18 Agr....nt, the oth.r party shall have the right, at hi. or h.r el.ction, to su. for damages for such br.ach, or s..k such oth.r r...dies or relief as may be available to hi. or h.r, and the party breaching this contract should be responsible for paym.nt of legal fees and costs incurr.d by the oth.r in .nforcing his or h.r rights under this Agreement. ADDITIONAL INSTRUMENTS I Each of the parties shall fro. time to tim., at the reque.t of the other, execute, acknowledge and d.liv.r to the oth.r party any and all further instrum.nts that may b. r.asonably required to give full fore. and .ffect to the provi.ions of this Agreement. VOLUNTARY EXECUTloN. Hu.band and Wife acknowledge the proviaions of th18 Agreem.nt are fully understood by both parti.s, Each party acknowl.dg.s that the Agr....nt is in all r.sp.cts fair and equitable, and it i. .nter.d into voluntarily and knowingly, and not a. the result of any dur... or undue influ.nc.. ENTIRE AGREEMENT I This Agre.ment contain. the .ntire und.rstanding of the parties and there 'are no repre..ntation., warranti.., covenant a or undertakings other than tho.e .xpr.ssly s.t forth h.rein, Hu.band and Wife acknowl.dg. and agr.. that the provision. of this Agreement with r..p.ct to the d18tribution and division of marital and .eparate property are fair, equitable and satisfactory to the. ba.ed upon the length of their marriage and other relevant factor. which have b.en taken into consid.ration by the partie.. Both partie. h.reby accept the prov18ion. of this Agreem.nt with respect to the division of property in lieu of and in full and final ..ttle.ent and satisfaction of all claims and demand. that ther .ay now have or h.reafter have against the oth.r for .qu table distribution of their property by any court of co.petent juriSdiction pursuant to Section 401 Cd) of the Divorce Cod. or any other laws. Husband and Wife .ach voluntarily and int.lligently waive and r.linquish any right to ..ek a court ordered determination and distribution of marital property, but nothing herein contain.d shall constitut. a waiver by either party of any rights to seek the 5 16. 17. 18. 19, 20. 21, r.li.f of any court for the purpose of .nforcing the provisions of this Agr....nt. DISCLOSURE I Husband and wife agree, repres.nt and warrant to the other that h. or she has mad. a full and compl.t. dbolosur. to the oth.r of all assets of any nature whatso.ver in which suoh party has an interest, the sources and amount of the inco.e of such party of every other type whatsoever and of all other facts relating to the subject matter of this Agreement. MODIFICATION AND WAIVERI A modification or waiver of any of the provisions of this Agreement shall be effective only if made in writing and executed with the same formality as this Agreement. The failure of either party to insist upon strict performance of any of the provisions of this Agreement shall not be construed as a waiver of any subsequent default of the same or similar nature. 22, DESCRIPTIVE HEADINGS: The descriptive headings used herein are for convenience only. They shall have no effect whatsoever in determining the rights or obligations of the parties. INDEPENDENT SEPARATE COVENANTS I It is specifically understood and agreed by and b.tween the parties hereto that each paragraph hereof shall be deemed to be a separate and independent covenant and agreement. APPLICABLE LAW I This Agreement shall be construed under the laws of the Commonwealth of Pennsylvania. VOID CLAUSES: If any term, condition, clause or provision of this Agreement shall be determined or declared to be void or invalid in law or otherwise, then only that term, condition, clause or provision shall be stricken from this Agreement and in all other respects this Agreement shall be valid and continue in full force, effect and operation, AGREEMENT BINDING ON HEIRSI This Agreement shall be binding and shall inure to the benefits of the parties hereto and their respective heirs, executors, administrators, successors and assigns. PENSIONS AND RETIREMENT: Husband and Wife agree that Husband's pension shall become the sole and separate property of Husband. Wife relinquiShes, releases and discharges any and all right, title and interest in said pension. MORTGAGE: Wife agrees to be solely responsible for the mortgage and home equity loan on the marital lands as contained in paragraph 6A herein. Wife agrees to indemnify and save Husband harmless on account of said loans 23, 24. 6 , ..~f:,.. . ~ "~" - ~ - - '. "" ... ~ ..~"" .....,,..., ".,." T_,"'''''''''~~''''_ 'u~,~'",'"",". .. @ JUN H L 'l~ PH '9~ tH,n ! t, .. 1;1'1''- r '.rl~ i : ~,... , ',' Ii' t'! . I' !,it f1~ )t,kteL Pet JctJ /J5- 15 S/J S /U IC} I q6 .J() ct, j 1 ~ it-pi, {I 1 !it (1) 07 t 33',(J- 51 ~.~ '-"-'S;~+_:"~-"'~=t'~"'''_''~''i!'20'Eit,~,;4,'".,",''''''''''''''~'' , " . .~" -.,- '0'-'.' ~..' .. t/' . . II ~ ,I. i" . "- ~ . , .. " , , . I ~-t .. ;."{,j-,; \, .. re.. ..-/?,'"-:'- I . d'.';':""""""~'o!i'_-:"O. .lI!~,,;?~''f;o +- . " .,,~. '.,.~ ,.,..".....,.-""~--"'''',....~".,"' ',.'.'..' ,.., -.. , "7. .\111 t,. L III U\ 'M !,,'I d,l v~.U"',\ i'l1,1I\lI;V\,"11 - . "', 'i '.' \ \~ :~ 1\ 1;\ , _ ill ' 1 ~ ~ .' ) . -f'..-. .. " " .-,;";."~,---,,~,-,,.,..;,<--- I .~ . . , .. " , . /I ., " ,..", ... ; JANICE J, SPONG, Plalnllff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA vs. : No: 94-3209 Civil Tenn , STEVEN L, SPONG, Defendallt , ! , , i i I , , , , i i I. I :;14,1994, , t, rl l' 2. \ . , : CIVIL ACTION - DIVORCE AFFIDA V1T OF CONSENT A Complalnlln Divorce under 63301 (e) of Ihe Divorce Code was flied on June The marriage of plalnllff and defendant is Irretrievably broken and nlnely (90) , ~ays have elapsed from the date of filing Ihe Complain!, I, 3. I consent 10 the entry of a final decree of divorce after service of NOllce of ! Inlentlon 10 Request Enlry of Ihe Decree, , ~' ,) - . / ,DATEI ..j,.....,~ '76, I, -_.......,...,.,.." , . '~,':"_'A.'....'.,.... .. '* n'-TNlY 96 JIIN -6 rH 3, 55 L'tJ~~~~N/Y i" ... ~ " , , .. , -....._.. ~ ..- '.l.,'f p )ANICE J, SPONO, Plalntlrf I IN THE COURT OF COMMON PLEAS I CUMBERLAND COUNTY, PENNSYLVANIA vs, : No: 94-3209 Civil Tenn . STEVEN L, SPONO, Defendanl : CIVIL ACTION. IJIVORCE WAIVER OF NOTICE OF INTENTION TO B8QWI BNTRV OF A DIVORCE DECREE UNDER Iill.lW Of/TilE DlVORCI~ COlm I. .. , I 'I I I , l. , , I 2, "i , I consent to Ihe enlry of a final decree of divorce wlthoul nOlice, I understand Ihat I may Inse rlghls concerning allruony I division of propel1y. :. ! hww\yer's fees or expenses If I do nnt claim them before a divorce Is granted, 3, I IIndersland that I will nnt be divorced IInlll 8 divorce decree Is entered by Ihe I COIlI1 and Ihat a copy of Ihe decree will be sent 10 me Immediately after it Is flied with Ihe prothonotary , I verify lhatthe statemcnts made Inlhls affidavit arc true and correct. I understand Ihal false stalemcnt hcreln arc made slIbJecttothe penalties of 1M l'a,C,S, i49114 relaling 10 unsworn I falslficallol1to aUlhorltlcs, UATE: :) ,;',) l'.., } J /' (II'.,{LL'I '.j"'4 JI\"NICE J, SPQNO, Plall1tlff. l Cf n1:~M,( 96 JUN -6 PH 3151 CUMtkiil/NU GOUN IV PCNNSYLVNM i- '1; . , ... ..- ,- f ,.1-. .or'.- . II ~ . ) . ~ .. , .. II' . , . , ~ .~ ..-.. Ui~~~~~.4:JJWt~J~~~~~l' . ",,'~_ ",.'roo.,--- f'I 'I1-~TN\Y CJ6 J\IH -6 P" 31 6' OW_~NlY . ",,-;'~'l"-'-M'. I · " . \ " . ., , .... ....,. i; ~''J- <-if - ~ . " .. ,,' ~n"AAY 96 JUN -6 PH 31 5' ~~NIY ___~i"-,,""--.,"-,_L _"__ ~ X:l' ";;1 ~, - t ~ ,.",-- 'ij, . h .~t: iLI:~~. '-,-,-;-,? }-',~p,- , '. , '" .' - .--" If ~ 01 . " .. , , . . . ~.....