HomeMy WebLinkAbout95-02841
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IN THE COURT OF COMMON PLEAS
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OF CUMBERLAND COUNTY
STATE OF i~~~! PENNA.
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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
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attached .hert~to i8 incOI:porated herejll and made apart hereof. '
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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
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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.
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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,
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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
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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.
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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
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~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
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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: ,.
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Commonwealth of Pennsylvania
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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, ~'
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IN WI'I'Nt;:lIl Wlll';Ufo:IW, I h.wl> hUlolllllo Bet my hand and
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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
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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
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/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.
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John Will am Michaels
Dated, May 19, 1995
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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
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, John William Michaels,
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