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HomeMy WebLinkAbout94-06955 . . ~ . .. " . ~__~_4______***_*._.K__~------~ , ---- ' ~ l~ ~ . g " ~ IN THE COURT OF COMMON PLEAS : 8 OF CUMBERLAND COUNTY ~ ~ . ~ ~ ~ : STA1'E OF ",..,~ PENNA, I a Y $ MICHAEL T. DECI(MAN':I : M,,' I'Juintl,ffi N ll. ...,9.~::~,9.~,5, .""....., 1994 ,;j ,il ~ ~ V l,,'HlI' I ~ ,I ...! ~ :: ~ $ 8 ~ ,., M .. ~ ;~ l!i ~ ~ ~ f.i ~ iii j ~ ~ ~ ~ 8 . ~ - $ ~ ~ ~ ~-~ "N..EYSA L~ DECKMAN, Defendant DECREE IN o I V 0 R C E i1: '3 ~ '2..r PM. ANDNOW"~""(S.,..". 19Q5;, it Is ordered and decreed that", , , ", ,1\1i,c,~8;E!I,T: PE!~~'!1!1!1. " .. . . ..' , ", .., , . ..,'. plaintiff. and. , , . . " , , . , , , , . , , . ,t-fQY~f\ ,L,..Ol!P~fTlf\Il, . . . , . . ,.' , . , , , . . , . . .,. 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; None The a-ttached'Property' SelUement Agreement i~ hereby'incorporlltcd,' but no1' merged\ ihtll'thls De'r'li Iii Divo'rcc: ' , .. .. .. .. .. .. ,.. , .. .. , .., . .. , , . .. .. .. .. .. .. , .. .. .. vl/}f,~,f, '. "t'~~.n"..d,; f u 52?: v .. ~ e:- )'t..{&CA .., /Prti11\onolary e t ~ ~ ij ~; , ',' ~ ~ ... ~ 8 ~ ,'. ~ ~ ~ w ~ w " ~ '.~ ..:; ~ w ',' ~ ',' .'. ~ w " ,', ~ ~ '.' $ .'. ~ ~~- --...------.,.... ...' , .., .._~......., _...,. .. .'. . ,. ... ~ ~~~~~**~.~**~****~*~*~ ~ . carry out the provisions of this Agreement, Neither party shall molest or attempt to endeavor to molest the other, or In any way harass or malign the other, nor In any other way Interfere with the peaceful existence, separate and apart from the other, 3. DIVISION OF REAL PROPERTY. Wife agrees to transfer all her right, title and Interest In and to the real estate situated at 5 North Stoner Avenue, Shlremanstown, Cumberland County, Pennsylvania, now titled In the name of Husband and Wife as tenants by the entireties to the Husband and agrees to Immediately execute now or In the future any and all deeds. documents, or papers necessary to effect such transfer of title upon request. Wife further acknowledges that she has no claim, right, Interest, or title whatsoever In said property In the future. Said transfer shall be effective Immediately and shall be binding regardless of the marital status of the parties, Husband shall Indemnify and hold Wife harmless on the existing mortgage to York Federal with an approximate mortgage balance of $52,500.00. Husband agrees to apply to remove Wife's name from the existing Joint home mortgage with York Federal, The fee to accomplish the \-\\l"jefltlt> removal, for the purposes of application and recording, Is $345,00, Wife agrees that HE ~ , .atl&wlll be responsible for eRB Illlf 11:2) af tho said $345.00 fee. JJ2 4. DIVISION OF PERSONAL PROPERTY, Husband shall retain all of the personal property In the marital home with the exception of tho following Items which shall be retained by Wife: 12 speed bicycle, 2 and has paid a $1,000,00 retainer. The parties shall share both the retainer and any balance due to finalize the Property Settlement Agreement and divorce action, 8. MOTOR VEHICLES, Husband shall retain sole ownership of the 1992 Honda Accord presently titled In Joint names, The said vehicle has an approximate balance of $9,000.00 to Chase Bank of Maryland and Husband agrees to Indemnify and hold Wife harmless on said debt, Wife shall retain sole ownership of the 1987 Toyota Tercel presently titled In Joint names, In addition, Husband shall retain sole ownership of the 1986 Ford F150 Pick-up truck and the 1988 Bayllner boat, motor and trailer titled Jointly. The parties agree that, at the time of the execution of this Agreement, they shall execute any documents necessary to effectuate the terms of this Paragraph. 9. 401K PLANS. Husband shall retain his 401 K plan, and Wife shall retain her 401 K plan. Husband agreas that he shall transfer to Wife the sum of $3,500.00 of his 401 K plan through a Qualified Domestic Relations Order. Immediately upon the granting of the Decree In Divorce, Husband will take steps necessary to have the Qualified Domestic Relations Order prepared and the $3,500,00 transferred Into Wife's name solely as soon as Is practicable, 10. TAX ON PROPERTY DIVISION, Husband hereby agrees to pay all Income taxes assessed against him, If any, as a result of the division of the property of the parties hereunder, Wife hereby agrees 4 - , to pay all Income taxes assessed against her, If any, as a result of the division of the property of the parties hereunder. 11. BREACH, If either party breaches any provision of this Agreement, the other partv shall have the right, at his or her election, to sue for damages for such breach. The party breaching this contract shall be responsible for the payment of legal fees and costs Incurred by the other In enforcing his or her rights under this Agreement, or seeking such other remedy or relief as may be available to him or her. 12. FULL DISCLOSURE. Husband and Wife each represent and warrant to the other that he or she has made a full and complete disclosure to the other of all assets of any nature whatsoever In which such party of every type whatsoever and all other facts relating to the subject matter of this Agreement, 13. ADDITIONAL INSTRUMENT. Each of the parties shall on demand execute and deliver to the other any deeds, bills of sale, assignment, consents to change of beneficiary on Insurance policies, tax returns and other documents and do or caused to be done any other act or thing that may be necessary or desirable to the provisions and purposes of this Agreement, If either party fails on demand to comply with this provision, that party shall pay to the other all attorneys' fees, costs and other expenses reasonably Incurred as a result of such failure, 5 14, WIFE'S DEBIS.. Wife represents and warrants to Husband that since the parties' 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 Husband harmless from any and all claims or demands made against him by reason of debts or obligations Incurred by her, 16, HUSBAND'S DEBTS. Husband represents and warrants to Wife that since the parties' 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 Wife harmless from any and all claims or demands made against her by reason of debts or obligations Incurred by him. 16, WAIVERS OF CLAIMS AGAINST ESTATES. 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 tho property or the estate of the other as a result of the marital relatlonshlp,lncludlng without limitation, dower, curtsy, statutory allowance, widow's allowance, right to take In Intestacy, right to take against the Will of the other, and right to act as administrator or executor of the other's estate, and each will, to the roquest of the other, execute, acknowledge, and deliver any and all Instruments which 6 may ba nacassary or advisable to carry Into effect this mutual waiver and relinquishment of all such Interests, rights and claims, 17. REPRESENTATION. It Is recognized by the parties hereto that Michael T. Deckman Is represented by John J, Connelly, Jr" Esquire. It Is fully understood and agreed that the parties have the right to have advice of counsel prior to the signing of this Agreement. By the signing of this Agreement, each of the parties understand the legal Impact of this Agreement and Husband/Wlfe waives his/her right to have this Agreement revlewad by an attorney of his/her choosing, and further Intends to be legally bound by the terms of this Agreement, 18. VOLUNTARY EXECUTION, The provisions of this Agreement are fully understood by both parties and each party ecknowledges that this Agreement Is fair and equitable, that It Is being entered Into voluntarily end thet It Is not the result of any duress or undue Influence. 19. 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. 20. PRIOR AGREEMENT. It Is understc>od and agreed that any and all property settlement agreements which mayor have been executed prior to the date and time of this Agreement ere 7 . null and void and of no effect. 21. MODIFICATION AND WAIVER. Any modification or waiver of any provision of this Agreemsnt shell 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, 22. GOVERNING LAW. This Agreement shall be governed by and shall be construed In accordance with the laws of the Commonwealth of Pennsylvania. 23, INDEPENDENT SEPARATE COVENANTS. It Is specifically understood and agreed by and between the parties hereto that each paragraph hereof shall be deemed to be a separate and Independent covenant and agreement. 24. VOID CLAUSES. 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 Allreement shell be valid and continue in full force, effect and operation. 26. ENTRY AS PART OF DECREE, It Is the intention of the parties that this Agreement shall survive any action for 8 o.n .", >- - ,J[t:. :x:: " "- I.., C- .. " .:7 Q ,~ " .. ('T) ,. .c m -, " ..,'11 - =:'" , D<: ._, :.:..) " CO, = '" " ~ ~ 'I) L' \-.0 \r; \..') '-;:::::/'0 ~ .. r:"" ~~ ......... ~ 'Y't \ ~ K) , , ~ ;'1 -- \:)-.: "'"- '1 ~ ......... ~ I'-- r::) ~ " .~ , '" - , ~ -... " ~ <:::J~'(j (~\ (5 , "'- ~ ..... 0") --,. - ~, ~ ., . .., , ., '" r.' '. <::> .. '..-. . (Y) C"'<'") - '" .0 -, ~, ::0::: - .....~ .. J Ln ," . en " ., ::c: . " <>- '-- N ,- :.. <:;> ,. (V) ('T"J .>: -' _t :a:: IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW : ]'VUc hQcl T, vfc.I:~XYOJl : . . Plaintiff : . . vs. : Ne~'Xl : L ' 'D cc..tr'Y~'UI : Defendant : File No. qLj - (oq<;S- IN DIVORCE NOTICE TO RESUME PRIOR SURNAME Notice is hereby given that the Plaintiff/Defendant in the above matter. having been granted a Final Decree in Divorce on the 15 day of ~ VC\'l . 19_95 , hereby elects to resume the prior surname of ~Sa. h'jnn we..lk'e, . and gives this written notice pursuant to the provisions of 54 P.S. S 704. DATE: 5-':> -g~ 1J~~a L-:o~ Signature rJ~ L, ~~ Signa of name being resumed COMMONWEALTH OF PENNSYLVANIA: SS. COUNTY OF CUMBERLAND . . On the ~ day of'"7J?Q6f: . 19qb". before me, a Notary Public, personally appeared~he above affiant known to me to be the person whose name is subscribed to the within document and acknowledged that he/she executed the foregoing for the purpose therein contained. seal. In Witness Whereof. I have hereunto set my hand and official iJrrJl/Jt4' Sn Gr:ar Notary Public b rlOT^nlhl ~F^l Il()"':.~ r,! 01111 ,j0r^IIV,.,JOUC l'f,l1l1 ai ,,'~i: I rWUU:1MW co. PA P.t',' ;~~\li:;;,iLlIl r;,i'i!ji".:; VLtU,lllUI U, waf t '"J' t{ e- If) 0- CT> . 8 -:r = ~ ~ ~ '>' ::t ~ Q:}. ~ ci. .-.... c.J >- -. ::0.;: , , 5. Neysa L. Deckman's current and last known address Is 64 Olive Road, Enola, Pennsylvania 17025. 6. The account balance and vested amount In the Pan referred to above on September 30, 1994 was $8,704,16. IT IS ORDERED, ADJUDGED AND DECREED AS FOllOWS: 1 , A portion of the account balance In the Plan Is marital property subJect to distribution by this court, and by agreement of the parties, they respectfully request that an amount equal to Three Thousand Five Hundred ($3,500.00) Dollars of the sums comprising the Primary Payee's Interest In his 401 (KI account be distributed, absolutely, to an Individual retirement account In the name of the Alternate Payee, 2. The distribution of the sum of Three Thousand five Hundred ($3,500,001 Dollars standing In the name of the Primary Payee In the Plan shall be made In the form of a tax free rollover to an Individual retirement account In the name of the Alternate Payee in accordance with the directions of the Alternate Payee to the O'Donnell Pontiac, Inc. 401 (K) Plan, 3. The parties shall promptly submit this Order to the Plan Administrator of the O'Donnell Pontiac, Inc. 401 (K) Plan, c/o Janlne p, O'Brien, Routes 29 and 40, Ellicott City, Maryland 21043, for payment In accordance herewith pursuant to this Qualified Domestic Relations Order. 4, Upon payment of the amount required by Paragraph 2 herein, the Alternate Payee shall have no further claim against the Primary Participant's Interest In the Plan.