Loading...
HomeMy WebLinkAbout94-06687 ~ J ~ '\ /' ( ! ! i I I I i -- to-.. ~ ...,J ~ . ').. 0- . .:lC>' .... .:c- .lIt' -:c- .:tC- -:C-... ... 'lit' ... ... 'le' -:.;. ole, .:.:. 'le. .:.:. .:4C. .:4C..>..:c-:::y..<XIIIl-:.:.........:.lC'.*":_C..~ $ ~- - l~ ~ ~ ~ IN THE COURT OF COMMON PLEAS ~ ~ ~ 8 OF CUMBERLAND COUNTY ~ 8 ~ ~ .~ ~ 81 STATE OF ~~ PENNA. ~ $ ~ 8 8 $ ...,. ~ ~ ~ 8 ,^ e ~ e ~ ~ ~ . ~ ~ ~ ~ $ ~ ~ 8 ~ ~ ~ ~ ~ ft ~-- LEE. W.C".ARLES, . 'I , N o. .,~6.~.7.~~\li~.'r.!3,J:",I1l, 1994 Plaintiff I '! Vl~I'..H1~ LESLIE A.~HARLES, I I Defendant ,: DECREE IN DIVORCE AND NOW,........... ..1~.. .~l;,~..... 19, ~.J~.., it is ordered and decreed that ............... ~.e.~. \'1,'. .GI:J~F,l.~~.. . .. .. . ... . .... .. plaintiff, and....... , '.. . . .. .. M~~~,EOl.I:o,..GI1<iq:.l,EOlfl. ...... ,.. . ......... defendant, are divorced from the bonds of matrimony. 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; The attached Property Settlement Agreement is incorporated .....0 .... .....,... .... ....... .,........... ......,. ... ...... ... ..... ....... . . !:>.~~ . ~~.t. .l!l7;r,~,,!d. ~,~ . ~~!3. .I?<<:1~;r,~~ , *-!l, .I?-1- Y!'.r:C:<<:1,. , . . . . . . , . . . . . . . , . . . . . . . . C ,0 u;:,/L ,'. ~J#'~[~.k)~~~~J. & .. ~";'?rt ):". ~.~ kJ.;z: -7/ . -/- pj6~n~tnry .. _~ __...~ .~_, . ... .... '._~' ..~. ., ~ ,_, '., - I ~ )~~~-~~***~~.~**.~**~*~~. S $ ~ ~ ~ ~ ;:; " r~ ~ ~ " ~ ~ ~ {~ ~ 8 " ~ ~ ,', i ,. ,;, ~ W ,:> w '.' .~ ~ w '.' ~ w ',' ~ .:> ~ s ~ * .' . PROPERTY SETTLEMENT THIS AGREEMENT made this 'lot ~ AGREEMENT day of Q (J/ltJ , 1995, by and between Le8 W. Char18s of P.O. Box 3192, Shiremanstown, Cumberland County, Pennsylvania (hereinafter referred to as "HUSband"), and Leslie A. Charles of 725 Hummel Avenue, Lemoyne, Cumberland County, Pennsylvania, (hereinafter referred to as "Wife"). WI:TNESSETHI WHEREAS, Husband and Wife were lawfully married on May 22, 1988 and; WHEREAS, no children have been conceived of this marriage; and WHEREAS, differences have arisen between Husband and Wife in consequence of which they have been separate and apart from each other; and WHEREAS, Husband and Wife desire to settle and determine their rights, obligations and the support and maintenance of the Wife by the Husband; and NOW THEREFORE, the parties intending to be legally bound hereby covenant and agree: 1. SEPARATION: It shall be lawful for each party at all times hereafter to live separate and apart from the other party at suoh place as he or she may from time to time choose 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. Ill'l'BRI'BRBNCBI Each party shall be free from interference, authority, and contact by the other, as fully as if ho 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 the peaceful existence, separate and apart from the other. 3, WIFB'S DBBTS: Wife represents and warrants to Husband that since the separation she has not and in the future she will not contract or incur any debt or liability for which Husband or his estate might be responsible and shall indemnify and save harmless Husband from any and all claims or demands incurred by her. 4. HUSBAND'S DEBTSI Husband represents and warrants to Wife that since the separation he has not and in the future he will not contract or incur any debt or liability for which Wife or her estate might be responsible and shall indemnify and save harmless Wife from any and all claims or demands made againat her by reason of debts or obligations incurred by him. 5. OUTSTANDING JOIll'l' DEBTS I Husband and Wife agree that during the course of the marriage they incurred debt for which they are both responsible. 2 .. The parties agree that they shall pay for said debt out. of the proceeds from the sale of the marital residence in the following manner: Husband shall provide Wife with $4,604 from his proceeds from the sale of the marital residence, Wife agrees that she shall then be solely responsible for the payment of any and all outstanding debts which were incurred during the course of tho marriage. Wife further agrees that these debts shall be paid within thirty (30) days of receipt of the aforementioned $4,604 from Husband. lI. MUTUAL RELEASBr subject to the provisions of this Agreement, each party has released and discharged, and by this Agreement does for himself or herself and his or her heirs, legal representatives, executors, administrators and assigns, release and discharge the other of and from all causes of action, claims, rights, or demands, whatsoever in law or equity, which either of the parties ever had or now has against the other, except any or all causes of action for termination of the marriage by divorce or annulment and except for all causes of action for breach of any provisions of this Agreement. Husband and Wife specifically release and waive any and all rights he or she might have to raise claims under the Divorce Code of 1980 and the 1988 Amendments thereto including, but not limited to claims for equitable distribution of marital property, support, alimony, alimony pendente lite, counsel fees or expenses. should a divorce action be commenced by either of the parties, the moving party shall 3 .' request the Court to incorporate, but not merge, this Agreement into any divorce decree. If this Agreement is incorporated into a divorce decree, the parties shall have the right to enforce this Agreement under the Divorce Code of 1980 and the 1988 Amendments thereto in addition to any remedies in law or equity and these enforcement rights are not waived or released by any of the provisions of this Agreement. The fact that a party brings an action to enforce the property agreement as incorporated in the divorce decree, under the Divorce Code of 1980 and the 1988 Amendments thereto, does not give either party the right to raise other claims under the Divorce code, specifically waived and released by this paragraph and all rights and obligations of the parties arising out of the marriage shall be determined by this Agreement. 7. DIVISION OJ' PBRSONAL PROPBRTY' The majority of the personal effects, household furniture and furnishings, and other articles of personal property which were accumulated by the parties continue to remain in the marital residence located at 725 Hummel Avenue, Lemoyne, Cumberland County, Pennsylvania, which is Wife's current residence. Wife acknowledges that Husband has a claim to a substantial number of items which continue to remain in the marital residence and it is the parties' intention to amicably distribute the aforesaid items of personalty prior to the sale of the marital residence. In the event that the parties are unable to reach an agreement as to the distribution of the items of 4 ," personalty within the marital residence, each reserves the right to a hearing in order to resolve the dispute as to the division of the parties' personalty. 8. DIVISION OF REAL PROPERTY I The real estate owned by the parties as tenants by the entireties situate at 725 Hummel Avenue, Lemoyne, Cumberland county, Pennsylvania, has been placed for sale at a figure agreed upon by the parties and upon settlement of the sale of said real estate, the net proceeds thereof shall be distributed as follows: Wife 50% with the understanding that she shall payoff all of the marital debt within thirty (30) days of the receipt of $4,604 from Husband as discussed in paragraph 5. Husband 50% less $4,604 as per paragraph 5. Both parties further agree to do everything presently or in the future necessary and to execute all documents required for the sale of said real estate, 9. WAIVERS OF CLAIMS AGAINST ESTATES I 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 rights he or she may now have or hereafter acquire, under the present or future laws of any jurisdiction, to share in the property or the estate of the other as a result of the marital relationship, including without limitation, dower, curtesy, statutory allowance, widow's allowance, rIght to take in intestacy, right to take against the Will of the other, and right to act as 5 .' administrator or executor of the other's estate, and each will, at the request of the other, execute, acknowledge, and deliver any and all instruments which may be necessary or advisable to carry into effect this mutual waiver and relinquishment of all such interests, rights and claims. This paragraph shall not affect either party's right or power to expressly include the other party as beneficiary in any Will or other document, whether written in past or in the future. This paragraph shall not affect either party's right or power to expressly include the other party as beneficiary of any insurance policies whether effective in the past or in the future. 10. SUBSEOUENT DIVORCE I Both parties agree to execut.e Affidavits of Consent to Divorce pursuant to section 3301(c) of the Divorce Code contemporaneous with the signing of this Agreement. Wife shall provide the fully executed Affidavit of Consent to Husband's attorney who shall promptly file the necessary documents to obtain from the Court a Decree in Divorce from the bonds of matrimony. 11. BREACH I If either party breaches any provision 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 legal fees and costs incurred by the other in enforcing their rights under this Agreement. 6 '. 12. ADDITIONAL INSTRUMENTS I Each of the parties shall from time to time, at the request of the other, execute, acknowledge, and deliver to the other party any and all further instruments that may be reasonably required to give full force and effect to the provisions of this Agreement, 13. ENTIRB AGRBBMENTI This Agreement contains the entire understanding of the parties, and there are no representations, warranties, covenants, or undertakings other than those expressly set forth herein. U. 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. 15. DESCRIPTIVE HEADINGS I The descriptive headings used herein are for convenience only. They shall have no effect whatsoever in determining the rights or obligations of the parties. 16. AUTOMOBILES I Husband agrees to transfer all his right, title and interest whatever it may be to d 1989 Pontiac Sunbird which had previously been transferred to Wife and was utilized by Wife as a trade in on a new vehicle, Wife agrees to transfer all her right, title and interest whatever it may be to a 1989 Chevy Cavalier which is currently in Husband's possession. 7 " ~7. MUTUAL ACCEPTANCE I The parties accept the provisions ot this Agreement in lieu of and in full and final settlement and satisfaction ot all claims and demands tl.at they may now or hereafter have against each other tor their support and maintenance, and also alimony, alimony pendente lite, counsel fees or tor any other provision for their support and maintenance, and also alimony, alimony pendente lite, counsel fees, costs and expenses and any other charge of any natu=e whatsoever pertaining to any divor~e proceeding which may have been or may be instituted by the parties in any court in the Commonwealth of Pennsylvania or any other jurisdiction and/or any divorce proceeding which may be instituted by either party in any court in the Commonwealth of Pennsylvania or any other jurisdiction or any other counsel fees, costs or expenses incurred or to be charged by any counsbl arising in any manner whatsoever for breach of this Agreement. 18. DESIRE OP THE PARTIESI It is the desire of the parties, after long and careful consideration, to amicably adjust, compromise and settle all property rights and all rights in, to, or against each other's property or estate, including property heretofore or subsequently acquired by either party, and to settle &11 disputes existing between them, including any and all claims for Wife's and/or Husband's maintenance and/or for support, alimony, counsel fees and costs, 19. INDEPENDENT SEPARATE COVENANTS I It is specifically undsrstood and agreed by and between the parties hereto that each 8 ',' paragraph hereof shall be deemed to be a separate and independent covenant and agreement. 20. APPLICABLB LAWI This Agreement shall be construed under the laws of the Commonwealth of Pennsylvania. 21. PRIOR AGREBMENTSI It is understood and agreed that any and all property settlement agreements which mayor have been executed prior to the date and time of this Agreement are null and void and of no effect, 22. VOID CLAUSES I 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. 23. DISCLOSURE I The respective parties do hereby warrant, represent, and declare and do acknowledge and agree that each is and has been fully and completely informed of and is familiar with and cognizant of the wealth, real and/or personal property, estate and assets, earnings and income of the other and that each has made a full and complete disolosure to the other of his or her entire assets and liabilities and any further enumeration or statement thereof in this Agreement is hereby specifically waived, and the parties do not wish to make or append hereto any further enumeration or statement, Each of the parties hereto further covenants and agrees for himself or herself and his or her heirs, 9 "'="'~ :,&,J~ ~ :lC 0.- :r o C"") lJ"> ~~ "1_. 1- ~.i'" ,..Il.\:..; <::'~(J..\ ~:: "l..7 t.") - ~l '-, t ~ -.r ... . ~ .. 'J' L,' "~;L ..' "...... , \.1-' . ". 4.I.,~.J '. ~;':J~ a~ ::> I~O o 5 -> '. '.~~t~~<:: ~ '. '. .." en -~ ~~ :oc: 0.- .:t Q (Y) "-".- .r " ..... ~., I, lrl " ;1 ' .J ~~ I:: :: '~:" :":.1 ......' C' --' '" -.