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Home My WebLink About94-06881 '" \lJ C ~ . -7 If) v c f3 f. ~ j .,. ::n ::a::: a.. ~ ?;Joo OIi". t. ,.. hil., .., ,(:',~:, :', " ., . . , ., , , .. . :::::l g '""'" ;1"'''- ,<.:.,.1 ~. .1. I. ::.J 0(" CJl ~ I") ~ N ~ 0 " ~ CJl a ~ ~ i N ~ ~ ~~~ f .. I") CJl ! ]d I , II 0< >< ~ ~ ~ 0 ~ I") P.O< . _MI'.'AOHU.'''' ~rwo~ OOA......""'J~~~~;.~nu. ~ ", . . PROPERTY SETTLEMENT aGREEMENT THIS AGREEMENT, made this 111 If day of (]Au/I.$f , hereinafter referred 1995, by and bstween MARY ELLEN ZORETT-JONES, to as WIFE, and JOHN A. JONES, hereinafter referred to as HUSBAND. WITNESSETH, WHEREAS, WIFE and HUSBAND were lawfully married on December 17, 1987 in Onslow, North Carolina; and WHEREAS, certain differences have arisen between the parties as a result of which they have decided to separate and to live separate and apart from one another, and it is the intention of WIFE and HUSBAND to live separate and apart for the rest of their natural lives, 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, during the parties' marriage there has been a complete disclosure of the earnings and property of each party, each understanding his/her rights under the Divorce Code of the Commonwealth of Pennsylvania; and WHEREAS, the parties, after being properly advised by their respective counsel, WIFE by her attorney, Jill M. Wineka, Esquire, and HUSBAND, by his attorney, Andrew C. Sheely, Esquire, have come to the agreement, which follows: NOW, THEREFORE, in consideration of the above recitals and the following ?ovenants and promises mutually made and mutually to be kept, the parties, intending to be legally bound agree as follows: , 1. DIVORCE A Complaint in Divorce has been filed to No. 94-6881 in the Court of Common Pleas of Cumberland County, Pennsylvania, and either party shall be free to proceed without further delay to secure the divorce. Both parties shall sign an affidavit evidenc- ing their consent to the divorce, pursuant to S330l(c) of the Divorce Code. In the event, for whatever reason, either party fails or refuses to execute such affidavit upon the other party's timely request, that party shall indemnify, defend and hold the other harmless from any and all additional expenses, including actual counsel fees resulting from any action brought to compel the refusing party to consent. Each party hereby agrees that a legal or equitable action may be brought tc compel him or her to executs a consent form and that, absent some breach of this Agreement by the proceeding party, there shall be no defense to such action asserted. Furthermore, the parties agree that unless otherwise specifi- cally provided herein, this Agreement shall continue in full force and effect after such time as the final decree in divorce may be entered with respect to the parties, and shall be fully enforceable by the Court. No Court may change the terms of this Agreement, which shall be enforced in accordance with its terms. 2. PERSONAL RIGHTS WIFE and HUSBAND may and shall, at all times hereafter, live separate and apart. Each shall be free from all control, re- 2 . straint, interference or authority, direct or indirect, by the other in all respects as fully as if he or she were unmarried. Each may reside at such place or places as he or she may select. Each may, for his or her ssparate use or benefit, conduct, carryon and engage in any business, occupation, profession or employment which to him or her may seem advisable. This provision shall not be taken, however, to be an admission on the part of either WIFE or HUSBAND of the lawfulness of the causes which led to or resulted in, the continuation of their living apart. WIFE and HUSBAND shall not molest, harass, disturb or malign each other or the respective families of each other nor compel or attempt to compel the other to cohabit or dwell by any means or in any manner whatsoever with him or her. 3. WIFE'S DEBTS WIFE represents and warrants to HUSBAND that, except for the joint debts set forth in this Agreement, shs 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 HUSBAND harmless from any and all claims or demands made against him by reason of debts or obligations incurred by her. WIFE specifically agrees to accept sole responsibility for the student loan in her name, payable to the Student Loan Servicing Center, Account No. 191-46-3208, 3 . 4. HUSBAND'S DEBTS HUSBAND represents and warrants to WIFE that, except for the joint debts set forth in this Agreement, 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 WIFE harmless from any and all claims or demands made against her by reason of debts or obligations incurred by him. S. JOINT DEBTS HUSBAND and WIFE represent and warrant to each other that except as provided herein, there are no other joint marital debts, charges or liabilities which remain outstanding. The parties agree that HUSBAND shall be solely responsible for payment of the joint loan with Members First Federal Credit Union f/k/a DAFCU, which was secured for the purchase of the 1995 Jeep Cherokee jointly titled in the name of HUSBAND and HUSBAND's Father. HUSBAND shall indemnify and hold WIFE harmless from any and all claims or demands made against her by reason of the joint debt with Members First Federal Credit Union. Furthermore, within sixty (60) days from the date of the signing of the Agreement, HUSBAND shall refinance the joint car loan in order to remove WIFE's name from the obligation. WIFE shall cooperate with any paperwork which may need to be completed on her part. The parties further agree WIFE shall be responsible for the witman Auctioneers, Inc, personal property appraisal fee in the amount of $307.40. WIFE shall also be responsible for any fees or 4 costs related to the sale of ths personal propsrty by Penny Packer Andrews, Auctioneer. 6. DIVISION OF TANGIBLE AND INTANGIBLE PERSONAL PROPERTY WIFE and HUSBAND do hereby acknowledge that they have divided their intangible and tangible personal property including but without limitation to savings and checking accounts, employee benefit plans, stocks, mutual funds, IRA accounts, jewelry, clothing, furniture, furnishings, household equipment and applianc- es, as set forth hereafter. WIFE and HUSBAND further agree that WIFE shall retain the following items of tangible and intangible personal property: a) 40l (k) Savings Plan through her employment with Hershey Foods Corporation; b) Harris IRA Account No. 5-33-509422; c) Harris IRA Account No. 5-43-513963; d) 1989 Honda Civic; e) U.S. Savings Series EE Bond No. C1703822l9EE for $100.00; f) U.S. Savings Series EE Bond No. C17733ll77EE for $100.00; g) U.S. Savings Series EE Bond No. Cl71l83462EE for $100.00; h) U.S. Savings Series EE Bond No. L363656720EE for $50.00; i) Union National Mt. Joy Bank, Check Account No. 624772; j) Wheat First Butcher Singer, Account No. WY14 4600 7090; k) Harris Savings Account 02-123758; 5 l) All personal property in her posssllsion and the value or pro~eeds of the joint personal propsrty to be auctioned in the future by Penny Packer Andrews, Auctioneer; m) n) All PECO stock solely titled in WIFE's name; $12,316.09 from the proceeds of the sale of the marital residence. WIFE and HUSBAND further agree that HUSBAND shall retain the following items of tangible and intangible personal property: a) AAL Fund No. 95-017-1701033913; b) AAL Fund No. 015-121-2100258577; c) AAL Fund No. 015-017-1700883738; d) AAL Fund No. 015-021-2100258327; e) 1995 Jeep Cherokee; f) Harris IRA No. 580017566; g) PSECU Checking Account; h) Members First Federal Credit Union Checking Account No. 131360; j) U.S. Savings Series EE Bond No. L2l3459697EE for $50.00; k) U.S. Savings Series EE Bond No. L187044373EE for $50.00; l) U.S. Savings Series EE Bond No. R494ll002EE for $200.00; m) U.S. Savings Series EE Bond No. L386972l38EE for $50.00; n) $14,271. 07 from the proceeds of the sale of the marital residence. 6 In order to effectuate the transfer of any jointly titled asset to the sole ownership of the other party, both HUSBAND and WIFE agree that each party shall be responsible for obtaining the appropriate paperwork necessary to tranefer title to the asset each is to solely retain. All paperwork to effectuate the transfer shall be completed within sixty (60) days from the signing of this Agreement. The transfer of title shall also include rsgistering each asset, if applicable, solely under the appropriate spouse's Social Security Number. The party which retains a specific asset for equitable distribution purposes is the party who shall be solely responsible for any 1995 tax liability on that specific asset. 7. AFTER-ACOUIRED PERSONAL PROPERTY Each of the parties shall hereafter own and enjoy, indepen- dently of any claims or rights of the other, all items of personal property, tangible or intangible, hereafter acquired by him or her, with full power in him or her to dispose of the same as fully and effectively, in all respects and for all purposes, as though he or she were unmarried. 8. RELEASE 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, indemnify and discharge the other of and from all causes of action, claims, rights, or demands, 7 whatsoever in law or equity, including equitable distribution, spousal support, alimony, counsel fees, alimony pendente lite and expenses which one spouse against the other spouse ever had, now has, or may have in the future, except any and all causes of action for divorce, and all causes of action for breach of any provisions of this Agreement, including proceedings to enforce this Agreement. Each party also waives his or her right to request marital counseling, pursuant to the Divorce Code. 9. WAIVERS OF CLAIMS AGAINST ESTATES Except as herein otherwise provided, each party may dispose of his or her own 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 jurisdic- tion, to share in the property or estate of the other as a result of the marital relationship, including without limitation, dower, curtesy, statutory allowance, widow's allowance, right to take against the will of the other, and right to act as administrator or executor of the other's estate. 10. RIGHTS ON EXECUTION Immediately upon the execution of this Agreement, the rights of each party against the other, despite their continuing marital status, shall terminate and be as if they were never married. 11. LEGAL FEES If either party to this Agreement resorts to a lawsuit or other legal action to enforce the provisions of this Agreement, the 8 successful party shall be entitled to recover his or her reasonable counsel fees, actually incurred, from the other as a part of the judgment entered in such legal action. 12. INCORPORATION IN FINAL DIVORCE The terms of this Agreement shall be incorporated but shall not merge in a final divorce decree between the parties. This Agreement shall survive in its entirety, resolving the spousal support, alimony, equitable distribution and other interests and rights of the parties, and no court asked to enforce or interpret this Agreement shall in any way change the terms of this Agreement. Except as herein otherwise agreed, this Agreement shall remain in full force and effect regardless of any change in the marital status of the parties. It is warranted, covenanted and represented by WIFE and HUSBAND, each to the other, that this Agreement is lawful and enforceable, and this warranty, covenant and representa- tion is made for the specific purpose of inducing the parties to execute the Agreement. 13. ADDITIONAL INSTRUMENTS 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. 14. ENTIRE AGREEMENT This Agreement contains the entire understanding of the parties and there are no representations, warranties, covenants or 9 undertakings other than those expressly set forth herein. WIFE and HUSBAND acknowledge and agree that the provisions of this Agreement with respect to the distribution and division of marital and separate 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 respect 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 jurisdic- tion. WIFE and HUSBAND 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. 15. MODIFICATION AND WAIVER 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 the provisions of this Agreement shall not be construed as a waiver of any subsequent default of the same or similar nature. 10 16. VOLUNTARY EXECUTION ~ach party acknowledges that the Agreement is fair and equitable, that it is being entered into voluntarily, with full knowledgo of the assets of both parties, and that it is not the result of any duress or undue influence. Tho parties acknowledge that they have been furnished with all information relating to the financial affairs of the other which has been requested by each of them. 17. SEPARABILITY In case any provision of this Agreement should be held to be contrary to, or invalid under, the law of any country, state or othsr jurisdiction, such illegality and invalidity shall not in any way affect ths other provisions hereof, all of which shall continue, nevertheless, in full force and effect, and each paragraph herein shall be deemed to be a separate and undisputed covenant and agreement. 18. 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. 19. CONTROLLING LAW This Agreement shall be construed in accordance with the laws of the Commonwealth of Pennsylvania. IN WITNESS WHEREOF, the parties hereto have set their hands 111 a f / J day of 1191I,'J; , 1995. 11 and seals this ~ . ::r:: u_ ~ >'" ...... ~1'". I _ ., . ",",-! ~j ').: , -' ,--.,"\" :~: :..... " 1,1.:.1. - g """ " ' , ~ III .' .,.r. I :::~ l~. l..) ""' ~ en 0< ~H ~~ p.,> . ~ ~ ~ en.... ..- Z>< ~~ c oen III ~~ 0..- 'tl ..., C c Ofil ~ 1'.-1 Q) Cl ~ C ':l up., E-< III ""' I>: a~n E-<M Q) 00 It. . filp., Cl E-: . fil S . ~ 0 0 t1l fill>: . ~ E-: ....0 Z HE-< ;J~CIOHfil Z 0 UH o CIOE-: ~ ~IO<O ~ . g;~ fill>:... > fil , 0< ~ :I:fil"'~H > I>: E-<fll HCl >< Z E-< ~ ,> I>: :I: Z OHZ ~ 0 HUZUH .., ...-'........ .,-..- -- '4 1~) u- ~ ~ ... r\ ." .... ... ~.~ :>- , I -5J , ~ 0 <l " . \; ~" 5 '<l ~ '\ ~~ \; <:i '.,;'I'l' 1\ '- ... ~ .~.~. - (~I ) ~ .....- ~ I ,., U ~ , , " 1__1 0 ~~ ~< p.,> 0"" ... ~ en.... c fil ~ z>< fil'.-I III U oen Z'" 'tl I>: ~~ o c c 0 ...,..-1 Q) :> , Ofil ~ I III ..., H ~ up., E-<.-i Q) 0 ~ :: , E-<p., 0 ~~~ ~ It. 0 fil Z 0 . I>: 0 H : 0 0 en . ~ " E-: 0 Z Z J ~ ~ ::00 Hfil Z 0 H ;; . 8j E-: ~ ~ <0 ~ , , p., fill>: ~~ fil > < :t ~ :Cfil 0 E-<1lI HO >< Z U 5 ,:> I>: :c Z OHZ ~ 0 HUZUH ..., . . . . . . MARY ELLEN ZORETT-JONES, Plaintiff v. IN THE COURT OF COMMON PLEAS CUMBERLAND CO., PENNSYLVANIA NO . q 'f. f. r U Ct.iftl T ..u.o_ JOHN A. JONES, Defendant CIVIL ACTION - LAW IN DIVORCE NOTICE TO DEFEND AND CLAIM RIGHTS YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set forth in the Complaint 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 in Divorce or Annul- ment may be entered against you by the Court. A judgment 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 irretriev- able breakdown of the marriage, you may request marriage counsel- ing. A list of marriage counselors is available in the Office of the Prothonotary, Cumberland County Court House, Carlisle, Pennsyl- vania. IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY, LAWYER'S FEES OR EXPENSES BEFORE A DIVORCE 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 OUT WHERE YOU CAN GET LEGAL HELP. COURT ADMINISTRATOR 4th Floor, Cumberland County Courthouse 1 Courthouse Sqaure Carlisle, PA 17103 (717) 240-6200 6. Neither of the parties in this action is presently a member of the Armed Forces. 7. The plaintiff and Defendant are both citizens of the United States. B. The marriage is irretrievably brokon. 9. Plaintiff has been advised of the availability of counseling and that the Plaintiff may have the right to request that the Court require the parties to participate in counseling. Being so advised, Plaintiff does not request that the Court requite the parties to participate in counseling prior to a divorce decree being handed down by the Court. WHEREFORE, Plaintiff requests the Court to enter a Decree in Divorce. COUNT II EQUITABLE DISTRIBUTION 10. Plaintiff repeats and realleges the averments contained in Paragraphs 1 through 9 as if more fully set out at length herein. 11. Plaintiff and Defendant possess various items of both real and personal property which are subject to equitable distribution by this Court. 2 ... l11 ... '"J ~1Il ~ N a a a :2 III a III a . . . , U .-i N .-i ;.. ] ~ ~ " i. t ..,. ~ I! " ~: f, . ;,.:4 '" .\ .... !I ! I' co 0 " 1 1,\ ? ~ .... ..., '. j . 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