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HomeMy WebLinkAbout95-02841 tj. :~:_~~: ~l!:'. .~:. ::~:'_~":' ,':<<'.;:<<":':' :*. .:.:. ::.:- -:.; .:.;, M "'1 ", "( .;.;, .;.;. ,:.;. .:.;. ':.:' , .=-:. ,:.:,... .:.;. .:.:- .:.:' lie' ... ... 11 , . ...-... ..M...... , . I. . . . . . . . . . , . ! . . .. I, I ia I: I- I' I, a . a . . I' I I: I, , I' !. ~-\ '~ i. 1* I 1* 'I 'I . w ... IN THE COURT OF COMMON PLEAS w, ... OF CUMBERLAND COUNTY STATE OF i~~~! PENNA. . . . . . w ... . . ~ , . . . 8 . 8 8 . 8 8 w ... JOHN WILLIAM MICHAELS, Plaint! ff ;\1,,2841 Ci vi! II) 95 \'11 ii RHONDA JEANNINE MICHAELS, Defendant DECREE IN DIVORCE l"f ' 1995 , it Is ordered and (?C~"'1-+ AND NOW, ' decreed that and. .)0111'/ WlLLI/lM MICHAELs RHONDA JEANNINE MICHAELS . plaintiff, '. delendant. ore divorced tram the bonds 01 motrimony, The court retains jurisdiction ollhe lollcwillg claims which have been raised 01 record in this aelion lor which 0 tll10l order has not yet been entered; The property settlement Agreement dated September 25, 1995 and 8 8 8 . .' ~ 8 8 ~ . ~ '.. '..;. ....... attached .hert~to i8 incOI:porated herejll and made apart hereof. ' II '.~t' I ";'j ;i AIl...I: "kj"I" 111'" f' li)"lhr dt1#t"",'rdJr)- , A,I 1/,// ~. (/ / '/.l~/.'II I' .........-'rt' '4'; / , " IVidhlllltdnl ~" 'II.' ~.,_~,*,~~::~~:~:~:~'*;~';'::.'~:~,~-A:A:*~- PROPERTY SETTLEMENT AGREEMENT I, THIS AGREEMENT is made this S~.{ , 1995, by and between: ';)~L,-7If day of RUONDA JEANNINE MICHAELS, of 113 chester Road, Enola, \ Cumberland County, Pennsylvania 17025, hereinafter referred to as "wife"; . . -AND- JOHN WILLIAM MICHAELS, Road, Eno1a, of 113 chester Cumberland County, Pennsylvania 17025, hereinafter referred to as "husband"; WITNESSETH: WHEREAS, were laWfully married on Husband and Wife october 15, 1983, in Lemoyne, Pennsylvania, and WIIEIU;AS, diverse unhappy marital dlfficLlties have arisen between the parties causing them to believe that their marriage is irretrievably broken, as a resull of which they have separated and now 1 ive separate and apart tJ"om one another, the parties being estranged due to such marital difficulties with no reasonable expectation of reconciliationl and the parties hereto are desirous of settling fully and finally their respectiVe financial and property rights and obligations as between each other, inclUding, without limitation by specificationl the seUltn!) of all matters between them relating to the ownership at real and personal properlYI and the settling of all matters relllting to the custody and support of their minor children, and in general the netU iIHJ of any and all claims and possible claims by one against the olher or against their respective estate, particularly those responsibilities and riyhts grOWing oul of the marriage relationship. NOW, '/'lfl<;HE/"OIH:, in ('onsldet'at/on of the mutual promises, covenants and u/HlerlakinlJII horolnaflf!r lIel forth and for other !Jood /HId v/tluable consllierat Ion, tho receipt of which is heroby acknowllHlllfld by HIlCh of Ihe !>iutioD hondo, Ifusband and Wife, each intolHtllllJ 10 be JIHJ.111y 1,)(Hnl<1 IlIn.'by, covenant and agt'ee as tol JOWlll -2- 1. SEPARA'rION. It shall be lawful for each party, at all timea herea fter, to 11 ve separato and apart from the other, at such place or places as ho or ahe may, from time to time, choose or doem fit. Each party ahal1 be free from interference, authority or contact by the other, aa fully aa if he or ahe were aingle and unmarriod, except as may be necessary to carry out the provisions of this Agreement. Neither party shall moleat the other or attempt to endeavor to molest the other, nor compel the other to cohabit with the other, or in any way harasa or malign the other, nor in any way interfere with the peaceful existence, separate and apart from the other. Should a decree, judgment or order of separation or divorce be obtained by either of the parties in this or any other state, country or jurisdiction, each of the parties hereby consents and agrees that this Agreement and all of ita covenants shall not be affected in any way by any such separation or divorce I and that nothing in any such decree, judgment, order or further modification or revision thereof shall alter, amend or vary any term of thia Agroement, whether or not ei ther or both of the parties shall remarry, it being understood by and between the parties hereto that thia Agreement shull survive and shall not be merged into any decree, judgment, or order of divorce or separation. It ia specifically agreed, however, that a copy of thia AgrQement or the subatance of the provisions -3- thereof, may be incorporated by reference into any divorce, judgment or decree. 1'his incorporation, howevor, shall not be regarded as a merger, it being the specifl.c intent of the parties to permit this Agreement to survi ve any judgment and to be forever binding and conclusive upon the parties. 2. EFFECTIVE DATE. The effective date of this Agreement shall be the "date of execution" or "execution date", defined as the date upon which it is executed by the parties if they have each executed the Agreement on the same date. otherWise, the "date of execution" or "execution date" of this Agreement shall be defined as the date of execution by the party last executing this Agreement. 3. MUTUAL HELEA/lES~ lIusband and Wife do hereby mutually remise, release, quil-cli'tlm or forever discharge the other and estate of such other, for all time to come, and for all purposes whatsoever, from any and all rights, Ii lie and interest, or claims In or aqalnsl Iha flslala of such other, of whatever nature and whelevel slluat", which he or she now has or at any time hon,afl III may havo al.181 nnl 8ul'h 01 her, the estate of such ollllH 01 .,IlY part thelllof, Wlll,lhol "118illlj out of any former aelll, cOlli rtlet II, u"'lalJomonts or Ililhllltle. of such other or by way of dowel 01 I'uII lillY, of dlllmH In I he nature .4- of dower or curtesy, or widow's or widower's riqhts, family exemption or similar allowance or under the intestate 1awsI or the right to take against the spouse's willI 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 I s estate, whether ari sing under the United States, or any other country I or any rights which either party may now have or at any time hereafter have for the past, present, or future support or maintenance, alimony, alimony pendente lite, counsel fees, costs or expenses, whether arising as a result of the marital relation or otherwise, except and only except all rights and agreements and obligations of whatsoever nature arising or which may arise under this Agreement or for the breach of any provision thereof. It is the intention of Husband and Wife to give to each 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 nature arising or which may arise under this Agreement or for the breach of any provision thereof. 4. ~BTI1IIIU1'I(}N DATE. 'rhe transfer of property, funds and/or documonts provided for herein shall only take place -~- on the "distribution date" which shall be defined as the date of execution of the Divorce Decree, unless otherwise specified herein. 5. MUTUAL CONSENTI ADVICE OF COUNSEL. Husband and Wife acknowledge and understand the terms and conditions of this Agreement and, husband is represented by Arthur K. Dils, Esquire and wife is unrepresented I however, she has conferred with Arthur K. Oils, Esquire. Husband and Wife acknowledge that they fully understand the facts as to their legal rights and obligations under this Agreement. Husband and Wife acknowledge and accept that this Agreement is, under the circumstances, fair and equitable and that it is being entered into freely and voluntarily, and that the execution of this Agreement is not the result of any collusion or improper or illegal agreement or agreements. Further, wife hereby acknowledges that she has been given ample opportunity and has been advised to seek independent legal advice in connection with the Agreement prior to execution of the same. 6. FINANCIAL DISCLOSURE. 1'he parties confirm that each has relied on tho substantial accuracy of the financial disclosure of the othor as an inducement to the execution of thls Agreement. -6- The parties acknowledge that there has been no formal discovery conducted in their pending divorce action and that neither party has filed an Inventory and Appraisement as required by Section 3505(b) of the Pennsylvania Divorce Code. Notwithstanding the foregoing, the rights of either party to pursue a claim for equitable distribution, pursuant to the Pennsylvania Divorce Code, of any interest owned by the other party in an asset of any nature at any time prior to the date of execution of this agreement that was not disclosed to the other party or his or her counsel prior to the date of the within agreement is expressly reserved. In the event that ei ther party, at any time hereafter, discovers such an undisclosed asset, the parties shall have the right to petition the Court of Common Pleas of Dauphin County to make equitable distribution of said asset. The non disclosing party shall be responsible for payment of counsel fees, costs or expenses incurred by the other party in seeking equitable distribution of said asset. 7. DEDTS AND to Wife in the OD!.IGA1'IONS. Husband represents that since ths spring of 1995, he future he will not contract or -7- and has warrants not, and 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 such debts or obligations incurred by him since the date of said separation, except as otherwise set forth herein. Wife represents and warrants to Husband that since the spring of 1995, she has not, and in the future she will not contract or incur any debt or liability for which Husband or his estats might be responsible and shall indemnify and save Husband harmless from any and all claims or demands made against him by reason of such debts or obligations incurred by her since ths date of said separation, except as otherwise set forth heroin. B. REAL EIl1'A'I'I~. Husband and wife hereby agree that they are the joint owners of three parcels of real estate located att 11.3 Chosler Road, I,nola, Pennsylvania, 402-404 Swatara streot, Dauphin, Pennsylvania, and a parcel of land situale In Ilusquohanna 'J'ownahlp, Juniata County, conSisting of I wo and ono-lIs If seHHI. HushiHlCl and wi f e hereby agroe that wife shall become Iho owner 01 Ihe property situate at 11.3 Chosler Roa(l, Enols, ('umbtHland Counly, Pennsylvania. Wife hereby BljlOOIl 10 be solely Itlopun81ble lor any and all debts (Iue II/Ill owi/l'l on !lilld I'IDp"rly, IncludlnlJ hul 1I0t limited to, ~ll- taxes, utilities, mortgage and any and all other debts and obligations and hereby holds husband harmless and indemnifies husband against any and all payments of said debts and obligations. Husband hereby agrees to execute a deed simultaneously with the execution of this Agreement placing said property into the name of the wife alone. Husband and wife hereby agree that husband shall become the sole and separate owner of the premises situate at 402-404 Swatara street, Dauphin, Dauphin County, Pennsylvania and the two and one-half acres situate in Juniata County, Pennsylvania. lIusband hereby agrees to be solely responsible for any and all sums due and oWing on said properties, including but not limited to taxes, utilities, mortgage and any and all other debts and obligations and husband hereby holds wife harmless and indemnifies wife against any and all payments of said debts and obligations. Wi fe hereby agrees to execute, SimUltaneously with the execution of this Agreement, a deed transferring all of her right, title and interest in said properties to husband. 9. PERSONAL PIWI'ERTY. Except as set forth hereto, lIusband and Wife have agreed that their personal property has been divided to the parties I mutual satisfaction and neither party will make any claims to the property possossed by the other, except as set forth heretol -9- The following items shall become the sole and separate property of husband: all disk jockey equipment, the Nissan automobile 300XI, and husband hereby agrees to be solely responsible for the debt owed Pennsylvania National Bank and hereby assumes and holds wife harmless and indemnifies wife against any and all payments on said obligation owed the Pennsylvania National Bank for said automobile. Wife hereby agrees to execute any necessary documents to transfer the title of said automobile into husband's name alone. Husband shall also become the sole and separate owner of the van, the 19S6 Ford Aerostar. The following items shall become the sole and separate property of wite: the 19S9 Cavalier automobile and wife hereby agrees to hold husband harmless and indemnifies husband against any and all debts owed in connection with said automobile. Husband hereby agrees to execute any necessary documents to transfer the title of said automobile into wife's name alone. 10. PENSION AND RETIREMENT BENEFITS. The parties do hereby speci fica lly wai ve all their respect! ve rights, title and interest in any pension or retirement plan of the other party. Both husband and wife have been informed of the pensions which the other has: husband with nite-Aid and wife with Camp 11111 Press. lIusband and wife have been advised that said -10- pensions should be evaluated so as to determine a present value; however, neither husband nor wife desire to secure an evaluation by an actuary and both huaband and wife understand that they are specifically waiving allY rights which they may have to the other I s pension or retirement plan without knowing the present value of the same. Said pension/retirement plan shall become the sole and separate property of the said party in whose name the plan is currently carried, free and clear of all claims of the other party. 11. WAIVER OF RIGHTS. The parties hereto fully understand their rights under and pursuant to the Divorce Code, Act of 1980, No. 1980-26, as Amended February 12, 1988, particularly the provisions for alimony pendente lite, spousal support, equitable distribution of marital property, attorney fees and expenses. Both parties agree that this Agreement shall conclusively provide for the distribution of property under the said law and the parties hereby waive, release and forever relinquish any further rights they may respectively have againat the other for alimony, alimony pendente lite, spousal support, equitable distribution of marital property, attorney fees and expenses. stated 12. MUTUAL RELEASE OF CLAIMS. in this Agreement, Husband and -11- Except as otherwise Wife each do hereby mutually remise, ndease, Ilullcl,llm ilnd loruvur dischartJe the other, for all ttme to come, and for all purposes whatsoever, of and from any and all l'lqhts, tit 10 and interests, or claims in or against the propet'ty (inl'ludlnIJ income and gain from the property hereafter accruingl of the other or against the estate of each other, of whatever nature and wheresoever situate, which he or she now has or at any time hereafter may have, specifically inclUding any rights which eithet' party may have or at any time hereafter have for past, present, or future spousal support, or maintenance, alimony, alimony pendente lite, spousal support, equitahle distribution of marital property, attorney feee, costfl or f.llCplilnses, whether arising as a result of the marital relation or otherwise. Jl is the i ntenti on of the Husband and Wife to gi ve to oach other by the execution 01 this Agreement, a full, complete and genenll release with respect to any and all propurty 01 any kind or nature, real, personal or mixed, which the othor now owns or may herealtur aCljulre, except and only except all rl<jhts and al]reements ami oblillatlOl1s of whatsoever nature arislnl' or which lIlay arise under thlll Aqreement or for the hreach 01 allY provision thorolll. 11. h'MY!':!1 (J!~ !'l9!l!!:'lL~TJQNLT!.l1!!';.._!1Lh'lH1'INO, A modi I kat Ion or waiver of any III the t ennll of this Agreement - 12.. shall be effective only if in writing, signed by both parties and executed with the same formality as this Agreement. No waiver of any breach hereof or default hereunder shall be deemed a waiver of any subsequent default of the same or similar nature. 14. MUTUAL COOPERATION. Each party shsl1, at any time and from time to time hereafter, take any and all steps and execute, acknowledge and deli ver to the other party, any and all future instruments and/or documents that the other party may reasonably require for that purpose of giving full force and effect to the provisions of the Agreement. 15. AGREEMENT BINDING ON HEIRS. This Agreement shall be binding and shall inure to the benefit of the parties hereto and their respective legatees, devises, heirs, executors, administrators, successors and assigns in the interest of the parties. 16. BREACH. If either party breaches any provision of this Agreement, the other party shall have the rights, at his or her election, to sue in law or in equity to enforce any rights and remedies which the party may have, and the party breaching this Agreement shall be responsible for payment of attorney fees and all costs incurred by the other in enforcing his or her rights under this Agreement. -13- 17. LAW OF PENNSYLVANIA APPLICABLE. 'rllis Agreement shall be construed in accordance with the laws of the Commonwealth of Pennsylvania. 16. IIEAOINGS NOT PART OF AGREEMENT. Any headings preceding the text of the several paragraphs/provisions and subparagraphs hereof, are inserted solely for conveniencs of reference snd shall not constitute a part of this Agreement nor shall they affect its meaning, construction or effect. 19. DIVORCE. lIusband and wife hereby agree that their marriage is irretrievably broken. The parties further agree to execute the necessary Affidavits of Consent and Waiver of Counseling, simul taneousl y with the E;xecutlon of this Agreement. The parties further agree and acknowledge that this Property Settlement Agreement shall be incorporated into said Decree in Divorce, however, shall not merge therewith. IN WITNESS WIIEREOF, the parties hereto, have set their hands and seals the day and year first above written. Witnessl ~~ / ~,(!,LJ "'J II~,.. .l,jo,f1 (SEAL) ~ohn Willi~ Michaels -14- I II. 1\,\';' ')'0 IIIV "l 1\ \ \'(b~~',;i)) Rhonda'Jeannine Michaels r; 7/f On this, thu XL) day of 1995, before me, a NotlUY publ ie, the underelgned officer, porsonally alJpeared Rhonda Jeannlno Michaels, known to me (or satisfactorily provenl to be the person whose name is subscribed to the withi n Inst rumont, and acknowl edged t hat she oxecuted the lame for thu purposo therein contained. ,'~~II,;'-nL"Q-r CommonwealLh of Ponnsylvania , - ( County of (I' " Il~(' {lI' Jill IN Wl'l'NESS Wllf;llEot., I have hereunto set my hand and My Commiallon t~xpirosl...i~__:.{:~j: ,. J (,1 JI.-I )) I, ..f,", tl... - eel! 1. G N"'"",,'~'"' DArlfIM ~~l:,fJ, !J)!.q,p,..t-bJ MIK'IWI, ftllu'\', H,.," ('J 1.'("lr",tf:')llnty f.J"", 1"11, ";'.- t I ',: "lI.,' 1'J'JU ------ Commonwealth of Pennsylvania " '{ l County of l l ( U 11"ll' I' n ,', -)/; VI ":O'J,,;/t>"lL~L 1995, On this, the :"-'- day of ~ before me, a Notary Publlc, Ihe undersl'lned officer, personally appeared ,John Wllllam Mlchaele, known to me (or satisfactorily proven' to be Iho porooll whose Ilame 10 eubscrlbed 10 the wl\:hln illelrument, allll acknllwlull'lod Ihal he execute.1 Ihe same for the purpole therein l'onlalnud. My Comllll 811 t 011 I';xpl rUII, ~' .~,_. ...!Jw J" ) } 1 'II, , /I" ^-_ IN WI'I'Nt;:lIl Wlll';Ufo:IW, I h.wl> hUlolllllo Bet my hand and Ileal. [--- ""- ,'..! If litH .," " . I ' ' ""~"'''''''~I'''''''',',',. t" ',.' - ~~--, - ...._. ... _. '.- --.__._~...- lR ~ "I,":, .... t;:) Ct) -- ,- . . L::.J JOHN WILLIAM MICHAELS, PhintUf 'IN THE COURT OF CO/1MON PUAS 'CUMBERLAND COUNTY, PENNSYLVANIA . V.. . NO. 2841 Civil Term 1995 . RHONDA JEANNINE MIClfAELS,. CIVIL ACTIOH _ LAW Def.ndent . To the Prothonoteer. Trenl.it. the r,cord, tog.th.e With the following information, to the Couet foe .ntrr of I divorce decree I 1. Ground for divoee.. irretrievlbl. breakdown 3301 (c) und.r See"tion Ix) III~ ~ of the Divorce Code. (Check ,. . .pp11ca-'l. "cUonl. 2. Dat. .nd ..nne~ 01 'e~Yic. 01 the complaint. certified mail No. p 016 242 263 on June 5, 1995 . I. (C~I.t. .tthlr pareg~eph (., or (b). (., Dat. 01 ..ecutton 01 the ellid.vit ot conlent r.quired by '.attoD 101 (01 01 the Divorce Code. by September 25, 1995 p1e1ntttl September 25, 1995 , by d.tendant . (bl (11 Dete 01 e..cution 01 the pl.intiff'. .ttid.vit requir.d by 'ectton aOl (d) of the Divorce Code, , (al dat. of .ervic. of the Plaintitf'. Iffidavit upon the Def.n'ant. .... .. Rellted. ele1.. pending. None Arthur K. Oils, EsqUire (717) 232-9724 Plaintiff Defondant ~ .- In t..1". - ., J ) l"~ , 1'-J ,~ ., \ , .~ '''-'' .,.-. <~ ,"'. '\ ;1 '. ) ." ~.J , "----: ........... l~ \'" rY', ~ \.i' ,,- , ,/-" , , ...... ..--, 1'. ,...--- \-< '.-"J '- ..-+ \<. Il,." ~ C. .... '....,-.. " \.,-.J <1: H i.'i :> o-l ~ lJ) 11o ffi lJ) tj z o-l w Ii ~ w ..; U 110 lfl <1: iJ t>: ~ 0'1 iJ 0 ~ 8 . 0'1 H :> ; 'If t ~ H E H ~ :0: Cl . /10 ~ , w f 0 0 .... ~ III Z Z ... Iii 0 :- :- H H ~ f-l U .... H Z C if f5 u o-l z ~, 0 o-l ..: .. 0 ~ H W '-i U ~ ~ ..; ..:l ~ Z ..; A. b:: 0 :L ~ 0 z 0 . ~ 0 u z B 0 :r: H z r:>: . . . ^ I ~ 7. There has been no prior action for di vorce or annulment in any jurisdiction. B. Plaintiff has been advised of the availability of marriage counseling, and has waived said right. 9. Plaintiff avers that the grounds on which this action is based are: (a) That the marriage is irretrievably broken. WHEREFORE, Plaintiff Court to grant a Decree in respectfully Divorce. reques ts your Honorable Respectfully submitted, OILS & DIXON /-" j) . /ilft;p{}c/[ / ur K. Oils, Esquire 101 South Second Street Executive House, Ste. L1 Harrisburg, Pa. 17101 (717) 232-9724 1.0. No. 07056 BY: -2- VIIIPICAI'ION I verify that the .tatement. made in tht. Complaint in Divorce are true and correct. I underltand that falle statements herein are made lubject to the penalties of 18 Pa, e.S.A. ~41104, relating to unlworn fahification to authoritiel. 'L} . ,.) ! ,/ :' \. '--'u ~J At'- -1:.. /' l John Will am Michaels Dated, May 19, 1995 6 f (~ ~ ~.~I " ~ &5~~ (~ ~ ~ ~i - . JOliN WILLIAM MICIIAEI,S, Plaintiff IN 1'IIE COUR'f Of' COMMON I'LI::A8 CUMIJt;IlLAND COUN1'Y, PENNSYLVANIA VS, No, 2841 CiVil, 1995 RIlONDA .JEANNINE MICIIAEI,S, Defendant CIVIL ACTION - LAW IN DIVORCE AFfIDAVIT Or CO"8KNT 1. A Complaint in Divorce under Section 3301(c) of the Divorce Code wu filed on May 24, 1995 ' 2, The marriage of Plaintiff and !Jefendallt is irretrievably broken and ninety (90) days have elapsed from the date of filing the Complaint, 3. I consent to tho ontry of a final Decree in Divorce, 4. I understand that I may 10le rights concorning alimony, division of property, lawyur's fees or expenses if I do not claim them before a divorce ie granted, 5, I have been adviled uf the avallability of counseling, and being eo advhud, 1 do not request Court require my spouee and myself to particlpatu in counseliny. marriage that the marriage I verify that tha slataments made In thill Affidavit are true and correcl. 1 undllratand that faille Statemllnts made hunln are mada subject to tho I'enallles of 16 Jia, C,Il. Hoct1on 4904, relatiny to unsworn falsificatiun 10 authorities, DAT(.:DI (J J'I ( . I _.J~u....._~-'" ~.:~._{Ww...._~._.___ , John William Michaels, 1'111 j lit I f f 'f" l~. .", .. : '" I';J ") ,- CI t__,