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HomeMy WebLinkAbout94-06694 ~ JI '" ( ( , ~ ' I J I ). . -..) v ~ 0- ~,>)1cg- (:,j dYl ~'4<tf" d r/? f';'A(~f /'1<k~ "",t.({;'/ .-;f ~ I I f fi ;: I' Ii II'> ~ , " . ,- , . ,... ,-..1 rn ..~ ,~ ,. . ;~ ffi ~ ~ i ~ ~ ~ ~ ~ ... ~ r ~ III ~i CO " jdl s CO ~ 'I:l S = II ." ~h~ . = . 'I:l 1Il .. ~ .., cij 0: ~ g ." " ... ~ ~ 'I:l ~~ ~ ~ ~ j ~ .. ~ .s: tIl '-' !2 I ~ m 13 .'i- , .... ... .. , AGRBIlHBNT RELATING TO ASSlIKPTIOR or MORTGAGE THIS AGREJlMBNT, entered into this ~Sy of ;::t-~~, 1994, BBTWKKR Andrew D. Keyser, of 21 Longstreet Drive, East Berlin, Pennsylvania, hereinafter referred to as Andrew, A R 0 Sherri M. Keyser, of 3318 Trindle Road, Camp Hill, Pennsylvania hereinafter referred to as Sherd, WITlOlSSKm: WBBRBAS, the parties hereto, on the date of this Agreement, executed a deed in which Andrew and Sherri conveyed to Andrew, for the consideration of $1.00, two contiguous lots of ground situate in Reading Township, Adams County, Pennsylvsnia, more particularly described as Lot No. 766 a~d Lot No. 767 on a Plan of Lots of Lake Meade Subdivision, recorded in the office of the Recorder of Deeds of Adams County, Pennsylvania, in Plat Book 1 at page 5, and WBBRBAS, the aforesaid conveyance was made SUBJECT TO the assumption by Andrew of the mortgage dated August 31, 1993, recorded in the office of the aforesaid Recorder of Deeds in Record Book 774 at page 156, given by Andrew and Sherri to First United Mortgage Services to secure the sum of $84,000.00, which mortgage was assigned to Integra Mortgage Company by a written assignment thereof recorded in the office of the aforesaid Recorder of Deeds in Record Book 774 at page 163, and WBBRBAS, the parties hereto wish to set forth in writing their agreement relating to the aforesaid deed and mortgage. ROW, THBRBPORB, in consideration of the covenants and agreements set forth in the aforesaid deed and mortgage, the pnrti~s hereto do hereby covenant and agree as follows: . . POST-NUPTIAL AGREEMENT THIS AGREEMENT, made this I;J, f"- day of IIp ;VJ 1995, by and between Sherri M. Keyser of 3318 Trindle Road, Camp Hill Pennsyfvania, party of the first part, hereinafter referred to as "Wife", and Andrew D. Keyser of21 Longstreet Drive, East Berlin Pennsylvania, party of the second party, hereinafter referred to as "Husband". WITNESSETH: WHEREAS, the parties hereto are husband and wife, having been married on May 23, 1992 and WHEREAS, there have been no children of that marriage; and WHEREAS, certain differences have arisen by and between the parties as a result of which they have separated and now live separate and apart from one another, and the parties hereto are desirous of settling fully and finally their respective financial and property rights and obligations as between each other; and WHEREAS, the parties being fully advised as to their respective rights, duties and obligations growing out of the marital status, particularly with respect to the Divorce Code; and WHEREAS, Wife has liled a No-fault Complaint in Divorce, said complaint being docketed in the Cumberland County Prothonotary's Office at No. 94 6694 NOW, THEREFORE, in consideration of the above recitals and the mutual covenants hereinafter set forth, each of the parties hereto intending to be legally bound hereby by affixing their hands and seals agree as follows: 1. SEPARATION It shall be lawful for each party at all times hereafter to, live separate and apart from each other in such place or places as he or she may from time to time choose or deem fit. 2. INTERFERENCE Each party shall be free from interference, authority and control, direct or indirect, by the other as ful1y as if he or she wer~ single and unmarried. Neither shal1 molest the other or compel or endeavor to compel the other to cohabitate with him or her, or in any way harass the other. 3. MUTUAL RELEASES Except as otherwise provided herein, Husband relinquishes his inchoate intestate right in the estate of Wife, and Wife relinquishes her Inchoate intestate right In the estate of Husband. . . . . Each of the partics hereto by thcir presents, for himself or herself, his or her heirs, executors, administmtors or assigns, does remise, release, quitclaim and forever discharge the other party hereto, his or hcr heirs, executors, administmtors or assigns or any of them, of any and all claims, demands, damages, actions, causes of actions, suits, at law or equity, of whatsoever kind or nature, for or because of any matter or thing omitted or suffered to be done by said other party prior to and including the date hereof, except that this release shall in no way exonemte or discharge either party hereto from the obligations and promises made and imposed by reason of this Agreement and shall in no way affect any cause of action in absolute divorce which either party may have against the other. 4. PERSONAL PROPERTY The parties hereto mutually agree that they have effected a satisfactory division of the furniture, household furnishings, appliances and other household personal property between them. The parties mutually agree that Wife shall from and after the date hereof be the sole and separate owner of all such tangible personal property presently in her possession, whether said prllperty is heretofore owned jointly or individually by the parties hereto, and this Agreement shall have the effect of an assignment or bill of sale from Husband to Wife. The parties mutually agree that Husband shall from and after the date hereof be the sole and separate owner of all such tangible personal property presently in his possession, whether said property is heretofore owned jointly or individually by the parties hereto, and this Agreement shall have the effect of an assignment or bill of sale from Wife to Husband. Each party shall promptly execute and deliver to the other party all instruments that may be necessary, convenient or appropriate to carry into effect, fully and fairly, all the provisions of this Agreement for division and confirmation of the personal property. Upon the date of the signing of this Agreement both partics shall have complete freedom of disposition as to their separate property which is in their possession or control pursuant to this Agreement and may mortgage, sell gmnt, conveyor othcrwlse encumber or dispose of such property, whether real or personal, whether such property was acquired before, during or after marriage, and neither Husband nor Wife need join in, conscnt to, or acknowledge any deed, mortgage, or other instrumcnt of the other pertaining to such disposition of property. 5. MOTOR VEHICLES The Husband had owncd a 1988 Ford Mustang GT automobile. Husband covenants and executed necessary documcnts to tmnsfer all of his interest in said vehicle to Wife and thereafter said vehicle is the sole property of Wife. In addition, whatevcr Ilncumbrance or loan which was incurred for the purchase of said vehicle shall hereafter be the sole rcsponsibility of Wife and Wife hereby covenants and agrees that she will indemnify and save Husband harmless from said debt. . . . . The Husband currently owns a 1984 Nissan 4X4 Pickup truck. Wife hereby transfers all of her interest in said vehicle to Husband and thereafter said vehicles shall be the sole property of Husband. In addition, whatever encumbrance or loan which was incurred for the purchase of said vehicle shall hereafter be the sole responsibility of Husband and Husband hereby covenants and agrees that he will indemnify and save Wife harmless from said debt. The parties currently own a 1982 19' Mastercmft Competition Ski Boat and trailer, Wife hereby covenants and agrees to execute whatever documents necessary to transfer all of her interest In said vehicles to Husband and thereafter said vehicles shall be the sole property of Husband. In addition, whatever encumbrance or loan which was incurred for the purchase of said vehicles shall hereafter be the sole responsibility of Husband and Husband hereby covenants and agrees that he will Indemnify and save Wife harmless from said debt. 6. REAL ESTATE The parties owned an improved parcel of real property as tenants by the entireties situate at 21 Longstreet Drive, East Berlin, Adams County, Pennsylvania. Wife has deeded the property husband and agreed to allow her name to remain on the mortgage, provided that if sometime in the future Wife is unable to obtain a real estate loan solely for the reason that her name still appears on the aforesaid mortgage as one of the borrowers of the sum of $84,000, Husband shall, upon request of Wife, make the necessary arrangements to refinance the aforesaid indebtedness of $84,000 within a reasonable time after such request has been made to him for such refinancing. Husband shall keep in force at his expense until such time as the aforesaid mortgage has been paid in full, the mortgage (life) insurance and disability insurance heretofore acquired by Husband, or comparable insurance with a company or companies selected by Husband. Husband hereby assumes the sole responsibility to make all of the mortgage payments set forth in the Note executed by the parties hereto on August 31, 1993, which Note accompanied the aforementioned mortgage. Wife has construed all legal rights to said property to Husband. 7. PENSION RETIREMENT BENEFITS OR SAVINGS Husband and Wife hereby waive any rights that he or she may have to the retirement benefits or savings of the other participant spouse under the Retirement Equity Act of 1984 or any subsequent Federal or State law. Husband and Wife, in the future, will execute any consents required by the Intemal Revenue Service, the plan administmtor or any other party to properly waive any right that he or she may have to the retirement benefits of the other participant spouse under the Retirement Equity Act of 1984 m' any other Federal or State law including the provisions of the Pennsylvania Divorce Code, now or as hereafter amended. 8. BANK ACCOUNTS Each party may retain any funds contained in their personal bank accounts. . . " " . . 9. TAX LIABILITY The parties believe and agree, and have been so advised that the division of property herebefore made by this Agreement in a non-taxable division of property between co-owners rather than a taxable sale or exchange or property. Each party promises not to take any position with respect to the adjusted basis of the property assigned to him or her or with respect to any other Issue which is inconsistent with the position set forth in the preceding sentence on his or her federal, state or local income tax retums. 10. ALIMONY. SUPPORT AND MAINTENANCE After being fully advised of the contents of the Divorce Code, Husband and Wife hereby waive and relinquish any claim either may have against the other for spousal support, alimony pendente lite, alimony, maintenance or like claims which may arise under the Pennsylvania Divorce Code, as amended. Both parties acknowledge and agree that the provisions of this Agreement providing for equitable distribution of marital property, alimony, spousal support and alimony pendente lite are fair, adequate and satisfactory to them and are accepted as and in lieu of and in full and final satisfaction of any claims or demands that either may now or hereafter have against the other for spousal support, maintenance, alimony pendente lite, alimony, attorney fees and costs. 11. DEBTS OF HUSBAND AND WIFE Each party represents and warrants to the other party that there are no marital debts. The parties hereto agree that any and all obligations incurred subsequent to the date of separation, said date being in June .1, 1994, shall be the solr. and individual responsibility of the party incurring the obligation. Husband represents and warrants to Wife that from the signing of this Agreement and in the future he wl1\ 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 against her by reason of debts or obligations incurred by him. Wife represents and warrants to Husband that from the signing of this Agreement 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 made against him by reason of debts or obligations incurred by her. 12. COUNSEL FEES AND COURT COSTS FOR THE DIVORCE Husband and Wife agree to pay their own court costs and counsel fees associated with this divorce action. . . " " . . 13., SUBSEOUENT DIVORCE A decree in divorce entered by a court of competent jurisdiction to either party shall not suspend, supersede or affect the terms of this Agreement. This Agr::ement shall be incorporated with but shall not merge with the Divorce Decree. Furthermore, both parties hereto agree, ifrequested, to execute the appropriate affidavits and consents to secure a No-fault Divorce as may be required by the Pennsylvania Divorce Code, ' 14. ENTIRE AGREEMENT 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. Husband and Wife acknowledge and agree that the provisions of this Agreement with respect to the distribution and division of marital and seplllflte property are fair, equitable and satisfactory to them based on the length of their marriage and other relevant factors which have been taken into consideration by the parties. Both parties hereby accept the provisions of this Agreement with respec! to the division of property in lieu of and in full and final settlement and satisfaction of all claims and demands that they may now have or hereafter have against the other for equitable distribution of their property by any court of competent jurisdiction pursuant to Section 3501 ~. of the Divorce Code or any amendments thereto. Husband and Wife each voluntarily and intelligently waive and relinquish any right to seek a court ordered determination and distribution of marital property, but nothing herein contained shall constitute a waiver by either party of any rights to seek the relief of any court for the purpose of enforcing the provisions of this Agreement. IS. VOLUNTARY EXECUTION The parties fully comprehend the provisions of this Agreement and t.'leir legal effect. Each party acknowledges that the Agreement is fair and equitable, that it is being entered into voluntarily. with full knowledge of the assets to both parties, and that it is not the result of any duress or undue influence. 16. ADDITIONAL INSTRUMENTS Husband and Wife 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 conditions of this Agreement. 17. MODIFICATION Any 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. .' . . . t ' . IN WITNESS WHEREOF, the parties have hereunto set their hands and seals the day and year first above written. WITNESS: J)~~~2.b,D>>,~- ' rv~ ~. ~~(SEAL) :JiilL- (SEAL) Andrew D. Keyser STATE GF PENNSYLVANIA ss COUNTY OF CUMBERLAND /JJ . . Gn this, theAday of&&. 1995, before me. the undersigned officer, personally appeared "S.u.e,I'1./(E.V$tJ< known to me (or satisfactorily proven) to be the person whose name is subscribed to the within instrument and acknowledge that she executed the same for the purposes herein contained. IN WITNESS WHEREOF, I hereunto set my hand ::~~d1 ' . Nota Public My commisslo explres:NOTARIAlSEAl MICHAEL n. CARANCI. Notary Public .. n.... Camn Hili BarD. Cumberland Counly My Commission Explros Juno 15. 1998 STATE OF PENNSYLVANIA ss COUNTY OF CUMBERLAND ,.t /iJ- ./L' On this, thlhday o~, 1995, before me, the undersigned officer, personally appeared ~... D, k'g.v.< known to me (or satisfactorily proven) to be the person whose name is subscribed to the wi in instrument and acknowledge that she executed the same for the purposes herein contained. IN WITNESS WHEREOF, I hereunto set my hand and of~~~~ ' ~;'A-P:~' Notary Public My commissi c OTARIIIlW,L MICHAEl R. CAIlANCI, Nolary Public Camp HIIIIlJlo. Cumberland Cou~ly My Commission Explros Juno 15, 19!18 . "NOTICE TO DEFEND AND CLAIM RIOn'l'S You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take prompt action. You are warned that if you fail to do so, the case may proceed without you and a decree of divorcc or annulment may be entered against you by the court. A judgement may also be entered against you for any other claim or relief requested in these papers by the plaintiff. You may lose money or property or other rights important to you, Including custody or visitation of your children. When the ground for the divorce is indignities or irretrievable breakdown of the marriage, you may request marriage counseling. A list of marriage counselors is available in the Officc of the Prothonotary at I Courthouse Square, Carlisle, PA 17013. IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY, LAWYER'S FEES OR EXPENSES BEFGRE A DlVGRCE OR ANNULMENT IS GRANTED, YOU MAY LOSE THE RIGHT TO CLAIM ANY OF THEM. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND GUT WHERE YOU CAN GET LEGAL HELP. The Court Administrator 4th Floor Cumberland County Courthouse Carlisle, PA 17013 (717) 240-6200 COMPLAINT UNDER THE SECTION 3301(c) or 3301 (d) OF THE DIVORCE CODE 1. Plaintiff is Sherri Mikols Keyser, who currently resides at 3318 Trindle Road, Camp Hill, Cumberland County, Pennsylvania. since July 1994. 2. Defendant is AndreW Duane Keyser, who currently resides at 21 Longstreet Drive, East Berlin, Adams County, Pennsylvania, since September 1993. 3. Sherri Mikols Keyser and Andrew Duane Keyser have been bona fide residents in the Commonwealth for at least six months immediately previous to the filing of this Complaint. 4. The plaintiff and defendant were married in May 23, 1992 at Pittsburgh, Pennsylvania! Allegheny County. 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 counselling is available and that plaintiff may have the right to request that the court require the parties to participate in counselling. 8. Plaintiff requests the court to enter a decree of divorce. I verify thatlhe statements made in this Complaint are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. 4904, relating to unsworn falsification to authorities. \~. /, /. "',, '"),) ~'( III'" Plaintiff .f I '-//', t<--v..( ./ Attorney for Plaintiff ;?; ~ ;: - .q ,... ~ III, ,..J t..... N UI N ,..' m "/::.: ,--.J ,.. ':'-~ ...: ~ . . ..:l ..., . , \ \ \, vV"') v-,V"J",,,- :-\\I'r-. "- ~ ~ ~ .' ;;) ""I ~ ~ "-- \"-- ....s-~ ....... ~\:r~ ;;:) "- ~ r- -\. 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