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HomeMy WebLinkAbout94-04124 I. I I ,( I' I I ",' ", " , Ii' " I " , '.) II I' I I H if "I \ ) " I' ( €1 &,.1 ~ ~.' I 01 " .. . seDaration and procertv Settlement Aareement jl ( THIS AGREEMENT, madll this E. day of JtIM"'~ 1996, by and between DONNA M. LEON of Camp Hill, Cumberland County, Pennsylvania, party of the first part, hereinafter referred to as "Wife" and DANIEL E. LEON of New cumberland, York County, Pennsylvania, party of the second part, hereafter referred to as "Husband". WITNESSETH: WHEREAS, husband and wife were married on August 6, 1993, in Cumberland County, Pennsylvania; and WHEREAS, husband and wife have been living separate and apart from each other since June 20, 1994; WHEREAS, husband and wife are residents of the Commonwealth 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, 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 Donn. M I..on ~~ t:\'Nev..."1J!1Nl..J.lIlN'JIlInA.IU 1 DlInicl E. I..on~ 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 personal representatives, do hereby covenant, promise and agree as follows: ARTICLE I SEPARATION 1.1 It shall be lawful for husband and wife at all times hereafter to live separate and apart from each other and to reside from time to time at such place or places as they shall deem fit free from any control, restrain, or interference, 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 be an admission on the part of either husband or wife of the lawfulness of the causes leading to them living separate and apart. Don,," M Leo" ..1k~__ l' 'W<'Y\i'I~NllI.j~"~\"UI\ I,. 2 D.nicl EO Leon u.:i. 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 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 nothing 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 party, or for making any just or proper defense thereto. It is warranted, covenanted, and represented by husband and wife, each to the other, that this Agreement is lawful and enforceable and this warranty, covenant, and representation is made for the specific purpose of inducing husband and wife to execute this Agreement. Husband and wife each knowingly and understandingly 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 Donnll M. Leon \N1\.- l" IWl'W"IJl!NnN,nH'lJ1lftIl IN 3 D.mcl E. Leon w.... 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 the parties are accepted by each party as a final settlement of for all purposes whatsoever. Should either of the parties obtain a decree, judgment or order of separation or divorce in any other state, county, or jurisdiction, each of the parties to this Agreement hereby consents and agrees that this Agreement and all its covenants shall not be effected 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 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 Dunn. M Leon ~. r,Wt:vv.,'I.I11HT1NIIIMnIi\I 4 1l.1lIc1 E. I.conMi... in the Court of Common Pleas of Cumberland County. Both parties give their full and complete consent to the jurisdiction of the Court of Common Pleas of Cumberland County to enter a final decree in divorce. Such incorporation, however, shall not be regarded a merger, it being the intent of the parties to pormit this Agreement to survive any such decrees. ARTICLE III EQUITABLE DISTRIBUTION OF MARITAL PROPERTY 3.1 The parties have attempted to divide their marital property in a manner which conforms to the criteria set forth in section 3502 of the Pennsylvania Domestic Relations Code, and taking into account the following considerations: the length of the marriage; the prior marriages of the parties; the age, health, station, amount and sources of income, vocational skills, employability, estate, liabilities, 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; and the standard of living of the parties established during their marriage. Dunn. M. Leo" \'M}'L. eIWI:'ll\l1..OO'illl\!.IClN\P,AAIH 5 1l'n1<1 E l.eon~e..I ., 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 equitable distribution of the parties. a. The parties 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 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, without recognition of gain on such transfers and subject to the carry-over basis provisions of said Act. 3.3 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's possession. Additionally, except as provided for herein, Wife shall 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 real or personal Donn. M I..-m ~H l\... l"Wl........I.IlIN1IlUI/WIIIIIIAII 6 l>.ni<l EO I."on~f property in the other party's ossession, they shall do so within thirty (30) days of the execut on of this Agreement or within thirty (30) days of the r.eques from the opposing party. a. The Parties acknowledge that William c. Vohs, Esquire, is holding $7,696.99 in escrow as a result of the sale of the marital home. Within ten (10) days of the execution of this Agreement, the Parties hereto agree that those funds shall be distributed as follows: $1,500.00 to Husband and $6,196.99 to Wife. b. The Parties are the owners of a certain Van which Husband drives exclusively. within thirty (30) days of the execution of this Agreement, or at Husband's request, which ever occurs later, Wife shall transfer all of her right, title, and interest to the Van to Husband. Husband will, within six (6) months of the date of this Agreement, obtain financing for the Van solely in his name, and remove Wife from any liability from said Van. Until Wife is removed from the financing, Husband shall indemnify and save harmless Wife against any and all liens of record against said Van and Husband shall pay, on time, each month the payment on the loan for the Van. Should Husband fail to make one payment, the Van shall be sold, at either auction or private sale, and the proceeds shall be first applied to the balance of the lQan on the Van, including any late charges, penalties, and attorneys fees. Donn. M. I.eon~ . l' IWf.'VII1JOO'III.lIIlN\J'lllA IN 7 D.ni.' E. Leon ~ ' " 3.4 Except as provided herein, Wife waives any right or interest she may have in Husband's employment benefits, including any retirement plan, stock Q~tion purchase plan, profit sharing plan or related matters. Except as provided herein, Husband waives any right or interest he may hlilve 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 Wife specifically agree to waive and relinquish any right in such property that may arise as a result of the marriage relationship. ARTICLE IV RELEASE OF SUPPORT FOR HUSBAND AND WIFE 4.1 The parties herein acknowledge that by this Agreement they have respectively secured and maintained a substantial and adequate fund with which to provide themselves sufficient resources to provide for their comfort, maintenance, and support in the station of life in which they are accustomed. Except as provided herein, Husband and Wife do hereby waive, release and Donna M I.<"n ~_ cIWl.......',lnirfll"if'i'#IIII...'M 8 I>.mcl E. Leon ~ give up any rights they may respectively have against the other for alimony, support, or maintenance. 4.2 Husband and Wife specifically waive, release 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 other will be responsible and each party indemnifies and holds harmless the other for all obligations separately incurred or assumed under this Agreement. 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 debts or obligations of the Husband and Wife incurred prior to the signing of this Agreement, except as follows, which the parties agree to divide equally: a. Credit Card: The credit card debt that was accumulated during the marriage of approximately $7,584.46 will Donn. M I.elm :.~ I'WtVol1Jl)(t1lunN\lllllAI.. 9 lluni<l E I.eo;~ >, be paid by Wife, so long as Husband performs his obligations and covenants contained in this Agreement. 5.2 Each party relinquishes any right, title and interest he or she may have to any and all motor vehicles currently in the possession of the other par.ty. Within thirty (30) days of the date of execution 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 VII MISCELLANEOUS PROVISIONS 7.1 The Parties hereto have retained independent legal counsel. The provisions of this Agreement and their legal effect have been fully explained to the parties by their respective counselor the parties have waived their right to have legal 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 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. Donn. M l.eon .~ c IWCW"UlHlll\lJ!ON'IPIIIA IN 10 D.ni.1 E LI."nlJt:.;/.. " 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, titls and interest, or claims in or against the property of the other or against the estate of tho other, of whatover nature and wheresoever situate, which he or she now has or at any time hereafter may have against such other, the estate of such other, or any part thereof, whether arising out of any former acts, contracts, engagements, or liabilities of such other 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 law~, or the right to take against the spouse's will; or the right to treat a lifetime conveyance by the other as testamentary, or all other rights of a surviving spouse to participate in a deceased spouse's estate, whether arising under the laws of (a) Pennsylvania, (b) any state, commonwealth, or territory of the united states, or (c) any other country, or any rights which either party may have or at any time hereafter have for past, present, or future support or maintenance, alimony, alimony pendente lite, source 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 intention of Husband Donn. M. Le"n .~ C',\l'l........'lllJol11t,U:OWUA.I.. 11 ll.mc1 E L."n J)f;;t.. and Wife to give to each other by execution of this Agreement s full, complete, and general release 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 fQr the breach of any thereof. 7.3 Each party represents that since separation, they have not heretofore incurred or contra~ted 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 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 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, charges, 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 Donn.M.I..11n~ C ,Wt.....,BN'l'IJIIJlI1N'AlAIH 12 n.md EO l.euJ:! r:.l 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 effect as ot the date of execution of this Agreement. 7.6 This Agreement shall be binding and shall inure to the benefit of the parties hereto and their respective heirs, executors, administrators, successors and assigns. 7.7 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. 7.8 If any term, condition, clause, 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 force, effect, 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. Donn. M. L.on \YYIl; :: \Wl"W;'JllNT'iI\U!l\N\~UAI" 13 Daniel E l..on Ne,f, 7.9 It is specifically understood and agreod 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 the Commonwealth of Pennsylvania. 7.10 The parties warrant and represent that they have made full disclosure of all assets prior to the execution of this Agreement. 7.11 In the event either party to this Agreement shall breach any term, covenant or other obligation herein, the non-breaching par.ty shall be entitled, in addition to all other remedies available at law or in equity, to recover from the breaching party all co~ts which the non-breaching party may incur, including but not limited to filing fees and attorney's fees, in any action or proceeding 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 equity, to enforce the terms of this Agreement by either Husband or Wife until it shall have been fully satisfied and performed. The consideration for this Agreement is the ~l: ,.( r l , I I . Dormo M. I.o,m ~l\.. c Iw.:'W'1JJN1'1\1J!IIN\J'MA "1 Daniel E. Loon '&~ 14 .... (') ',. i\; ! .. f' .." ....: ute, . ( ') ~ ,- r-I : j ,-, ~~i ". " (., ,':'-' L~;, I 'r, ~, , J r,] I u. I .. ." I r~ , '- \~ "j ,.J , , , , , " ~ } l " . ;p; . !Ii ~~ ~ f ",11~ f~ ~,~ '-.J~~~ " t'--. ,..'" ::: ~ /!t rY) <i- i\.'t i,.~ 'n C"-I ,..~ ~I; 1-".., I,J'1 . ,~) ~~ ' : z ,',..," .... II ~.' I 1'- , . . .. .,IJI 0/" ~ '1',1, , \',J , ;:;11 ,-.) . .) j-l "" ... '0 . ..., 'J ~ ",' '" 00 "" - ~ ....... -- 5 ~,,;.: .., iJ; ;r: . !-i ..,r.; .',,:' I.J;.r: l~ r. 1 ,.., ~. ,." <<.l "I ,.., ~t:1.: '"j -j 'I ""---:1':" S I ~r '<I " " r ..... ' '''.L, - ',_'rl. ~ ',::; '.~ ..... 'f: 'f I I ::,\ ". !, ,- i, . ,1\ , , ,,-. N ',. l1.: I. ~(-'; -. ,. .. , \"J ~...,.. C .Ii',1 'l L,~ ) ~;: ( .~; :-~~ ( " t'Q : i.LJ T.',~ I _.J, : dJ LL:< (;.' , ! ~J:l I, I.! ..:: u.. 1.1.. '.f') i [ 1 .:, , (..J , I J, ,II " '.. I)" I,; r...,~ I" .. ~' ('7, oJ, l.__ ~:" i C'J .,:., I I I D~' . ,; i i] . ,LJ,. " I .. 'lH ., ", I' I.li ) l ('-1 ) ,I' 'I . -" m ~ i., i t.;) .. ~tJ\ .I'j .,' )' I..t ft' . /.-, ' - 8\ il;} \ tl.~ 1 I 'I I , , , " .," i' " , " <" ) I I' I I! I, . . " /~i 5U .1 , I iij , :,(, I , I, , , ) . 1'1 , ~\~'l , , , ' f1 \d1v\1.rJll,ur.l\11-9& DONNA M. LEON, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 94-4124 CIVIL TERM v. DANIEL E. LEON, Defendant CIVIL ACTION IN DIVORCE LAW ORDIR AND NOW, this day of , 1995, upon the motion of Stone LaFaver & Stone to withdraw as legal counsel for the Defendant, Daniel E. Leon, in this matter is hereby granted. BY THE COURT I J. fl\41v\leQn,mot\11.95 Plaint if f IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 94-4124 CIVIL TERM DONNA M. LEON, v. DANIEL E. LEON, Defendant CIVIL ACTION IN DIVORCE LAW MOTION TO WITHDRAW AS LBGAL COUNSIL FOR THI DIFINDANT DANIIL I. LBON 1. The movant, Stone LaFaver & Stone, assumed legal representa- tion of the defendant in this matter on or about July 27, 1994. 2. Although having assumed legal representation on behalf of the defendant as of on or about July 27, 1994, the movant has not entered a formal written appearance in this matter on behalf of the defendant. 3. Differences have subsequently developed between movant and defendant with respect to the manner in which the case should be handled. 4. Movant has ceased active representation of defendant as of November 13, 1995. 5. Defendant has requested movant withdraw as his legal consul in this matter. 6. Movant believes that withdrawal can be accomplished without material adverse effect on the interest of the defendant. -1- Plaintiff IN THE COURT OF COMMON PLt:AS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 94-4124 CIVIL TERM DONNA M. LEON, v. DANIEL E. LEON, Defendant CIVIL ACTION LAW IN DIVORCE ORDIR AND NOW,. thio ~ day of January, 1996, Gerald J. Shekletski, Esquire, and the law firm of Stone LaFaver & Stone are hereby removed as legal counsel for the defendant, Daniel E. Leon. BY THE COURT: J. 0 .".. ~;; 1- - .' ,~;~ . .. :i", (..~ c;.. , .. . ~... - , ,. -1._' h , , .... X '.r> i'J " ';' 1\..... , . . ... \ ;')~ tit:: . .,,1.. . '. f" . U. '.II ~j 0 C\ pd'p.t'l.ba~lut,tul DONNA M. LEON, Plaint if f IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 94-4124 CIVIL TERM v. DANIEL E. LEON, Defendant CIVIL ACTION IN DIVORCE LAW PETITION TO MAXI ~ULB ABSOLUTI AND NOW, this ~~ day of January, 1996, comes Gerald J. Shekletski, Esquire, of the law firm of Stone LaFaver & Stone, and avers the following: 1. On November 20, 1995, this Court entered rule upon all parties to show cause, if any t.hey have, why Movant's motion leave to withdraw as legal counsel should not be granted. 2. Your petitioner has served copies of the Rule to Show Cause on all parties in this case by regular mail as evidenced by the Certificates of Service filed in this matter. 3. No party has filed an objection with this Court to the petitioner's motion. 4. Twenty (20) days have elapsed from the dat.~ of service of the rule on all parties in this matter. WHIRIPORB, your petitioner. respectfully requests this Court to enter an order making the petitioner's Rule to show Cause absolute and thereby removing Gerald J. Shekletski, Esquire, and Stone LaFaver & Stone as legal counsel for the defendant, Daniel E. Leon. Respectfully submitted, STONE LaFAVER & STONE ~0Z~ GERALD SHEKLETSKI, SQUIRE Ii) .... .- 1 (1; .... ~\j .:r t.- .. .. ::5 .~... M C (Jr.;) . . 0~'1 ~ ~ r.1?'':' , (") , .... u.: I : '1'/1 ij L~ .' h t;', .- I ,'"\ ,.~ 1 Fe;; -.:1. ('l~ -, 1.1..' 'D r:~ ~ 0 ~'l (3 , ' I',' " . 'I\dlv\,.rvl.....r CIB'J'IrIOATB 0' AlIRVIOlD I, Gerald J. Shekletski, of the law firm of Stone LaFaver & Stone, attorneys for defendant, Daniel E. Leon, do certify that on this date I served a certified copy of Rule to Show Cause dated November 20, 1995, on plaintiff's attorney by placing a true and correct copy in the United States Mail, postage prepaid, and addressed as follows: Michael J. Hantt, Esquire 11 West Pomfret Street, Suite 2 Carlisle, PA 17013 ./ ,.' . /7 .1'7 'd-zr/ .-r-: -;e-p' ( /> wd4<'%" GERALD .J::SHEKLETSKI, ESQUIRE DATE: II/; 7/f~" 0>0. ~ "'. ~ ,I ~ " ~ ~ , '-!) '" ~ I .. ~1.I1. ~:J '. c, " 1+ I.,. (~:,- ( , ' ~ --:> ,'" Ll'j' , I i;':. li.~ Ili.; L_ ,. L, .J ",