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HomeMy WebLinkAbout94-04409 , I' 0- o -:t ::t ,I" , ' " , " " I " " , .' . SUSAN K. WALTERS I I IN Till!: COURT OF COMMON PLEM plaintiff I OF CUMBERLAND COUNTY, I PENNSYLVANIA v. I I CIVIL AC'l'ION - lAW STEVEN H. WALTERS I I Defendant I 94-4409 CIVIL TERM I IN DIVORCE MARITAL S!T1LBMBNT AGR!BMB~ THIS Agreement made this ~l.ff day of ~ , 1995 by and between SUSAN K. WALTERS, of 604 south Middlesex Road, Carlisle, Pennsylvania, hereinafter referred to as WIFe, and STEVEN M. WALTERS, of 1839 Greon Stroet, Apt. 312, Harrisburg, Pennsylvania, hereinafter referred to as HUSBAND, WITNESSETH I WHEREAS, tho parties horeto are husband and wife, having been joined in marriage on August 15, 1981, in Carlisle, Pennsylvania, and WHEREAS, a complaint in Divorce has been filed in the Court of Common Pleas of Cumberland county, Pennsylvania, to No. 94- 4409, Civil Term; and WHEREAS, the parties hereto are desirous of settling fully and finally their respective financial and pr.operty rights and obligations as between each other, including, without limitation, the settling of all matters between thom relating to the ownership of real and personal property, and in general, the settling of any and all claims and possible claims against the other or against their respective estates. HOW, THIRlroRI,in consideration of these considerations, and the mutual promisos and undertakings hereinafter set forth, and for other good and valuable consideration, roceipt and suffioiency of which is hereby acknowledged by each of the parties hereto, HUSBAND and WIFB, each intending to be legally bound, hereby covenant and agree as folloWSl 1. Advice of counsell The parties hereto acknowledge that each has been notified of his or her right to consult with oounsel of his or her choice, and have been provided a copy of this Agreement with which to consult with counsel. HUSBAND is represented by Carol J. Lindsay, Esquire, and WIFE is represented by Edward 1.. schorpp, Esqulre. Each party acknowledges and accepts that this Agreement is, in the circumstances, fair and equitable, and that it is being entered into freely and voluntarily, after having received such advice and with such knowledge as each has sought from counoel, 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 improper or illegal agreement or agreements. 2. Divoroel The parties agree to the ontry of a Decree in Divorce. The parties will execute, on the date of this Agreement, Affidavits of Consent under Section 3301(C) of the Divorce Code, consenting to the entry of a Decree in Divorce. 3. personal property I The parties acknowledge that they have equitably and satisfactorily divided all of their personal -2- property, and that all personal property shall be the sole and individual property of the party in whose possession it is as of the date of this Agreement. 4. aeal property I The parties are owners of business real estate at 247 York Road, Carlisle, Cumberland county, Pennsylvania. On or about March ~5, 1990, the parties entered into a Lease Agreement with Duff-AI Bag, Inc. for the York Road property. The Lease Agreement is attached hereto as Exhibit "A". lt contains an option to purchase. Tho partios shall retain one- half interest in the York Road property as tenants in common. In the event that the Lessee exercises its option, the parties will proceed to settlement thereunder. From the gross proceeds, there shall be deducted, in addition to the usual and customary settlement expenses, full payment of the following encumbrances: (1) Mortgage dated September 28, 1987 to CCNB Bank, N.A. (now Mellon Bank, N.A.) in an original principal amount of $92,000.00 as recorded in Cumberland county Mortgage Book 882, Page lOOt (2) Mortgage dated May 11, 1989 to Donald E. and Marie E. Wheeler in an original principal amount of $100,000.00 as recorded in cumberland County Mortgage Book 950, Page 420; (3) Mortgage dated May 11, 1989 to Donald E. and Marie E. Wheeler in an original principal -3- amount of $50,000.00 as reoorded in cumberland county Mortgage nook 950, Page 424. After payment of the foregoing, any remaining proceeda shall be divided equally between the Pllrties. In tho event the lease expires without exercise of the option by Lessee, the parties shall relot the pro~orty, or plaoe the property for sale, as they shall mutually agree. In the event said property is relot, all ront poymontn received shall be applied to payment of the above encumbrancos. 5. AlimonYI The partios waive any claim that they may have one against the other for alimony or spousal support. The parties acknowledge that each has sufficient assets with which to maintain themselves after divorce. 6. Marital Debtl 'rhe partiaL; hove, in thair own names, certain credit card accounts which may include some marital debt. Each party will be responsible for the debt on the credit card accounts in his or her name. Each party will incur no debt for which the other may be liable, and will indemnify and hold the other harmless for any debt so incurred. 7. Modificationl No modification, roscission, or amendment o( this Agreement shall be effective unless in writing signed by each of tho parties hereto. 8. Applioable Lawl All acts contemploted by this Agreement shall be construed and enforced under the laws of the commonwealth of Pennsylvania. -4- 9. A9reement oindin9 on Parties and Hlirsl This Agreoment, except as otherwiae expressly provided herein, shall bind the parties hereto, and their respective heirs, executors/ administrators, logal representatives, assigns and successors in any interest of the parties. 10. Agreement Not to be Mergedl This Agreement shall be incorporated into the final docroe of divorce of the parties hereto for purposes of enforcoment only, but otherwiso shall not be merged into said decroe. The parties shall have the riqht to enforce this Agreement under the Divorce Code of 1980, as amended, and in addition, shall retain any remedies in law or in equity under this Agreement as an indepondont contract. Such remedies in law or equity are specifically not waived or released. 11. Dooumentsl The parties hereto agree that they will execute and deliver one to the other any documents neoessary to give effect to the terms of this Agreement. 12. Full and Final Sattlementl WIFE and HUSBAND 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, titles, 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 situate, which she or he now has or at any time -5- hereafter may have against such other, the estate of such other or any part thereof, whether ariBing out of any former aots, oontraots, engagements or liabilities of suoh other, or by way of dower or curtesy, or olaimB in the nature of dower or curtesy, or widows' or widowerB' rights, family exemption or Bimilar allowance, or under the intestate laws, or the right to take against the spouse's willr 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 Pennsylvania, any other state, or any other country, or any rights which either spouse may have, or at any time hereafter have, for past, present or future support or maintenance, alimony, alimony pendente lite, counsel fees, costs or oxpensos, whether arising as D rosult of tho marital relation or otherwise, except and only except, all rights and agreements and obligations of whatsoover nnture arising or which may arise under this Agreement or before the breach of any thereof. It is the intention of HUSBAND and WIFE to give to eaoh 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 naturo arising or which may arise undor this Agreemont, or for the brench of any thereof, 8ubject, however, to the implementation and satisfaction of the -6- SUSAN 1<. WALTERS, IN THE COUR'f OF COMMON PLEAS plaintitt OF CUMBERLAND COUNTY, PENNSYLVANIA v. CIVIL ACTION - LAW STEVEN H. WALTERS, 94-4409 CIVIL TERM Defendant IN DIVORCE PRAIOIPI TO TRANSMIT RICORD To the Prothonotary: Transmit the record, together with the following information, to the court for entry of a divorce decree I 1. Ground for divorce I irretrievable breakdown under Section 3301(c) of the Divorce Code. 2. Date and manner of service of the complaint: Service by certified Mail, Deliver to Addressee only, Return Receipt Requested, on August B, 1994. 3. Complete either Paragraph (a) or (b) I (a) Date of execution of the Affidavit of Consent required by section 3301(c) of the Divorce Codel By the Plaintiff: Septembor 26, 1995 By the Defendantl September 26, 1995 4. Related claims pending: None. LANDIS, BLACK & SCHORPP Datel 9 /CAf(; /9~ BY~~~ Edward L. schorpp, Esquire Attorney for Plaintiff 36 South Hanover street, carlisle, PA 17013-3328 -3- ~ ~.J' ~ ,-' ' ~ ", " :\l , , .- . - , ,~ "J v~ ., .-.... ; ~ ' ~ ~. ~ {J ~ '~ 2 .~~ ......, ~ ,....... \.~ .. ' . :g: fi :" '~', "" \. ~ ~ E! :~, ',',' '10 .~ ".) I,Q. (~ _,' VI. Cl Q;'tp, ~ l.n ::J ~ V) ~ 0 " JJ ,'I --- -----... " ; ~ -- - \ './ Y'f' \~ \,fl t- O - ...g ::t- - - ~ "* -\. SJ. ~ I I ll~~ 1 · ~ ~~~ ! I 'U - s~ ii I~ I~ Do ~ tl o IS ~ ~ ~ ~ ~~II ~ ~ ~ ~ ~ ~ ~ , . , I' \i I , , I , ' ' " , I: I., , , ' , ' , , . , " , , ...... , ~ . . , 1',.- . ',' . . SUSAN K. WALTERS, I IN THE COURT OF COMMON PLEAS OF plaintiff I CUMBERLAND COUNTY, PENNSVLVANIA I v. I CIVIL ACTION - r.J\w I STEVEN M. WALTERS, I 94- CIVIL TERM Defendant I IN DIVORCE COK'~AINT IN DIVORoe COUNT I DIVOROe 1. Plaintiff is Susan K. Walters, who currently reside. at 604 South Middlesex Road, Carlisle, Cumberland county, Pennsylvania 17013, since August, 1961. 2. Defendant is steven M. Walters, who currently resides at 1839 Green street, Apartment 103, Harrisburg, Dauphin County, Pennsylvania 17102, since sometime subsequent to 1990. 3. Plaintiff and Defendant have been bona fide residents in the Commonwealth for at least six months immediately previous to the filing of this Complaint. 4. Plaintiff and Defendant were married on August 15, 1981, in Carlisle, Pennsylvania. 5. There have been no prior actions of divorce or for annulment between the parties. 6. The marriage is irretrievably broken. 7. Plaintiff has been advised that counseling is available and that Plaintiff may have the right to request that the Court require the parties to participate in counseling. -2- 8. plaintiff requests the Court to enter a Deoree of Divorce. WHEREFORE, plaintiff requests Your Honorable court to enter a decree in divoroe divoroing Plaintiff and Def~ndant absolutely. COUNT II EQUITABLE DISTRIBUTION 9. The allegations in Paragraphs 1 through 8 are inoorporated herein and made a part hereof. 10. Plaintiff and Defendant have legally and benefioially aoquired property, both real and personal, during their marriage since August 15, 1981, until their separation in 1990. 11. Plaintiff and Defendant have legally acquired certain debt during their marriage. 12. Plaintiff and Defendant have been unable to agree as to the equitable division of said property and the equitable divisicn of said debt to the date of filing of this Complaint. WHEREFORE, Plaintiff requests your Honorable Court to equitably divide all marital property. COUNT III ALIMONY 13. The allegations in Paragraphs 1 through 12 are inoorporated herein and made a part hereof. 14. Plaintiff lacks sufficient property to provide for her reasonable needs and to pay the marital debt and is unable to -3- " II' , ~ ?J~ !1 .~ .:j . t'l." I" ~ .Ir'..'.' iYt II: , ,f~ ", h. J ," . == '1' ..:.. . -,' I '~' '" ,I I';: _ "',1/ , , ~ ..., " ~ ! i II. !!~I s tJ ~ ~ g ... II [:) i ~ II I~ I ~ j~~ ~ .~ p: . I> ~ ~ ! I . . ~ ~~ t.: X a j . ~ " ' , ' 1'1 , I " ~. 't . . . SUS^" 1<. W^LTl!:RB, I IN THE cou~r OF COMMON PLEAS Pla inti U I OF CUMBERLAND COUNTY, I PENNSYLVMIIA v. I CIVIL AC'rION - LAW I STEVEN M. WALTERS, I 94-4409 CIVIL TERM Defendant I IN DIVORCE AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under section ~301(Q) of the Divoroe Code was filed on August 4, 1994. 2. The marriage of plaintiff and Defendant is irretrievably broken and ninety days have elapsed from the date of filing the Complaint. 3. I consent to the entry of a final deoree of divoroe. 4. I understand that I may lose rights concerning alimony, division of property, lawyer's fee a or expenses if I do not olaim them before a divorce is granted. I VERIFY that the statements made in this Affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. S 4904, relating to unsworn falsification to authorities. Datel c; .:? t. '16 6f t.~n 1( ?Y;dta.., Susan K. Walters v. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW SUSAN 1<. WALTERS, plaintiff STEVEN M. WALTERS, Defendant 94-4409 CIVIL TERM IN DIVORCE AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under section 3301(0) of the Divoroe Code was fUed on August 4, 1994. I acknowledge reoeiving a true and correct copy of the Divorce complaint, said oopy being served upon me by Certified Mail, Restricted Delivery, on August 8, 1994. 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety days have elapsed from the date of filing the Complaint. 3. I consent to the entry of a final decree of divorce. 4. I understand that I may lose rights concerning alimuny, division of property, lawyer's fees or expenses if I do not claim them before a divorce is granted. I VERIFY that the statements made in this affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Sec. 4904, relating to unsworn falsification to Datel Cl~b'9S- .uthOd:/( f/I. !J~u Steven M. Walters -2- tA ~I .. ..I ':'i 4/ j " .. c:J -- - ,.... "J. ." ~ " I, !I I