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HomeMy WebLinkAbout95-03407 ., 1 I: , LB ' ' I " " . "7 , , , 1 ' , , , " , " U1 " " " , , ' , , ) ",/ /, ( I I , ,", ~ ~ i'l' , , ';, , , /' " " , ", C'- ~ fY) I') , , " . ': M~R I 'r~LSE'I"rl.EM,ENT AG~J;;EMJ;:N'r THIS AGREEMENT made thl6 -30 ~l day of July, 1995, by and between BRYAN T. EDWARDS, and JEAN B. EDWARDS. WITNESSETH: WHEREAS, BRYAN T. EDWARDS, is an adult individual res1ding at 6 Blackmore Court, Camp Hill, Cumberland County, Pennsylvania, 17011. WHEREAS, JEAN B. EDWARDS, 1S an adult individual residing at 6 Blackmore Court, Camp HlIl, Cumberland County, Pennsylvania 17011. WHEREAS, the parties hereto are husband and wife, having been lawfully marrled on October 21, 1989. in Lemoyne, Cumberland County, Commonwe~lth of Pennsylvania: WHEREAS. the partles have now separated: WHEREAS, the parties are now desirous of settling fully and finally their respective financial and property rights and obligations between each other, including without limitation, the settling of all matters between them relating to the ownersh1P of real and personal property, and in general, the settling of any and all claims and possible claims by one against the other or against their respective estates. ' NOW, ~'HF.REFORE, in conlllderatlon of these premules, and of the mutual promises, und undertakIngs hereinafter set forth, and for other good and valuable consideration, receIpt and suffICIency of whIch is hereby acknowledged by each of the parties hereto, each Intending to be legally bound hereby, covenant, and agree a8 follows: 1. I\.P,VHl(!; QF CP\lN:;;EL. The proviSIons of thIS Agreement and their legal effect have been fully explained to the parties by counsel for the Plaintlff, Susan Kay candiello, EsqUire. The Defendant has waived her nght to counsel. (See copy of Waiver of Counsel, attached at App,mdix "A"). Each party acknowledges that he or she has received independent legal advice from counsel as they desire, and that each fully understands the facts and has been fully informed as to their legal rights and obligations, and each party acknowledges and accepts that this Agreement is, in tht circumstances, fair and equitable, and that It is being entered into freely and voluntarlly, after having received such advice and with such knowledge, and that execution of this Agreement is not the resul t of duress, undue inf I uence, any improper or illegal agreements. 2. p~RSqN"'L RIG,HTS. The parties may at all times hereafter, live separate and apart. Each shall be free from all control, restraint, and interference and authority 1 direct or indirect, by the other. Each may reside at such place or places as they select. Each may, conduct, benefit from, carryon or engage in any business, occupation, pt'ofossion, or employment which to them seems adv1sable. They shall not molest, harass, disturb, or malign each othet, or the respective famllies of each other. nor compel or attempt to compel the other to cohabit or dwell by any means or in any manner whatsoever with the other. Neither party shall interfere with the use, ownership, enjoyment or disposition of any property now owned by or hereafter acquired by the other. 3. MVTUft~ ,CONSENT DiVORCE. The parties acknowledge that Plaintiff initiated an aetlon in divorce on June 26, 1995 in the Cumberland County Court of Common Pleas docketed at No. 95-3407. It is the intention of the parties that by th1s Agreement they have resolved all ancillary economic issues attendant to this Divor.ce action. The partles also a~knowledge that the ninety (90) day waiting period pr.ovided for under the Divorce Code will expir.e on or about September 30, 1995. Therefore, both parties agree that, on or before September 10, 1995, each shall sign and file an Affidavit of Consent to Divorce with Suman Kay Candiello, Esquire, counsel for. Plaintiff, to be submitted to the court with a Praecipe to Transmit Record, Vital Statistics Form and any and all other documents necessary to precipitate the prompt entry of a divorce decree. Ji;Q\V 'l,'l\.IIr,),;_PJ~,):,BU~l,lTtQli 4. Mb1U1.M...~ltS.lD~J~Gg. The Parties aaknowl eQge they ar;e the owners of that certaln r~al property and all im~rovements thereupon located at 6 Blackmore Court, Camp Hill, Cumberland County, Pennsylvania, 17011, (the "marital resldence"), 'rhe parties agree as follows wlth respect to the marltal residence: _____-- (a) 'rhe parties have agreed that the ~~ho~S~d .~l~ars ($45,000,00.) , shall represent \~~ marltal resldence. Plaintiff agrees pay Defendant the sum of forty-flve thousand dollars ($45,000,00) and the Defendant agrees to sign a deed to the marital to Plaintlff all of the partles' rlght, interest in and to the marital residence. Plaintiff shall be the sole owner thereof and said deed and take any other action with respect thereto that he deems appropriate. This exchange shall occur upon the Plaintiff's approval and receipt of a mortgage for the residence in Plaintiff's sole name through a financial institution. and if necessary, a home equity loan to allow Plaintiff to obtain the monies to pay Defendant her eqUity in the marital residence, (b) Plaintlff agrees when the Deed has been recorded in his name, Plaintiff shall be solely responsible for all costs, expenses, and liabilities associated wlth or attributable to, the marital residence, including but not limited to the Mort9Bge payments, any home equity loan, taxes, insurance premiums, utilities, maintenance and repairs. P1ainti ff shall keep Defendant and her property, SUcc~SBorB, ~BsLyns, hair~, executors and administrators indemnified and held harmiesB from any liability, coat or eXpense, includlng actual attorney's fees, which may be incurred in connection with such llabilities and expenses or resulting from Plaintiff'fJ ownership interest in said property. . (c) Plaintiff shall be solely responsible for any and all capital gains consequence on the future sale of the marital residence. (d) Defendant agrees to vacate the marital residence and arrange to have all of her personal property removed from the marital residence, on or befoL'e January 1, 1996, (weather peL'mitting) , This agreement to vacate is contingent upon Plaintiff having the assumptlon of the mortgage of the marital residence ~and havlng ~lease?_)o Defend?~lon or before November 1, 1995, Defendant' sfBR~~~the ~I~ resldence in the amount of \e(rc;rtY.Flve Thousand Dollars ($45,000,00) enabling Defendant to locate and purchase a new residence, During the period the parties shall reside together in the marital residence they shall mutually agree to a sharing of the payment of household expenses. (e) In the event Plaintiff cannot obtain financing allowing him to retain possession of the marital residence, the ()t~~ ....~\t> ~.~ ~~~\~ ( f) 'HaiNf\f+' <J. De. Wt4atd- ~ttae.. ~ a\\J\ck. ~ 1o.~.H\('q $' lDl.l.,-,1 .... 8.C\'j a.d.ili-hot-J$\ ~~ Ha.~ ~\~ h~ aarUJ!G\..t1ofY\ p~ssho~ ,~$' ~cl. ~ lO~ 00-1\ ~gt]. ~+ \1:rrLJ ~.s J-\.ss oc.. marital residence will be listed for sale with a reputable real estate aQent on the open market. The partles shall then equally divlde the proceeds trom the sale of the marital resldence, after all CQsts of the sale have been paid. The parties shall also divide the capital Qalns consequences of the sale of the marital residence equally between them. 5. hQTOHQaI~~S. (a) 1987 Ford Ranger: Defendant agrees Plaintiff shall retain possession of, receive as his sole and separate property the 1987 Ford Ranger. along wlth the rights under any insurance policy thereon. and the retlponsibility for payment of any outstanding indebtedness pertaining thereto and insurance thereon. Plaintiff shall lndemnlfy and hold Defendant and her property harmless from any Ilabllity. cost, Ot eKpense, including attorney's fee6. incurred in connection with the automobile. (bl 1907 Honda frelude: Plaintiff agrees Defendant shall retain posseSSlon of and receive as her sole and separate property the 1987 Honda Prelude, along with any rights under any insurance policy thereon. and the responSibility for payment of any outstanding indebtedness pertaining thereto and insurance thereon. Defendant shall indemnify and hold Plaintiff and his property harmlese from any liability, cost, or eKpense, including attorney's fees. incurred in connection with the automobile. J , 6. I'J;;N!;'l~ON MIP RETIREMENT PLMI:3. Plaint l ff har.1by waives, rei inqu1she:s, and ~,n<'tvlH' abandon.'; any intere:st 1n and to Defendant's Retirement 401-K plan With Pennsylvania Blue Shield, Defendsnt hereby waivell, rel1nqul:shes, and forever' abandons any intereflt in and to Plaintiff's 401"K and PenSlon Plan with AMP Incorporated. Plalntrff and Defendant shall both execute any and all documents necessary to effectuate the terms of this subparagraph, 7, ,prm,sONhL I\.IID I-H SCl';!.LI\l'!E;OU$ I'ROPJJ;RTY, Any and all property not speciflcally addreseed herein shall be hereafter owned by the party to whom the property is titled; and if untitled, the party in posseSSion. ThlS Agreement shall con:stitute a sufficient bill of :sale to eviden~e the tran:sfer of any and all rights in such property from one party to the other. (a) The following list of property shall be transferred to the Defendant and she shall be con:sidered the sole owner of said property upon the execution of this Agreement: (1) Two (2) Kenwood CD Players (2) RCA Twenty-five (25) inch and GE Televlsion (3) RCA VCR (4) Front Entrance First Floor Hall Light Fixture and Dining Room Chandelier (5) Nordic Track Exercise Machine (6) All Window Treatments and Rods in the Marital Residence with the Exception of the plastic Mini Blinds, which sh~ll remain with the Plaintiff (b) Should lt become necessary to sell the marital residence the following list of property shall also b~ included with the property the Defendant retains aa her sole property: (1) Refrigerator (4) Nasher and Dryer (2) Diahwasher (5) Water Softener (3) Microwave Oven (6) Central Vac System (c) The following list of property shall be left with the Plaintiff in the martial residence, and he shall be considered the sole owner of said property upon the execution of this Agreement: (1 ) Stove (6 ) Lawn Equipment (2 ) Ref rigera tor (7 ) Wa te r:bed (3 ) Dishwasher (8 ) Garage Door Openers (2) (4 ) Microwave Oven (9 ) Oak Desks (2) (5 ) Washer and Dryer (e) Plaintiff agrees to assis~ Defendant to move or arrange to move the personal property items listed above. and any other items of personal properly Defendant is moving from the marital residence, to the Defendant's new residence. (So long as the Defendant's new residence is located within a fifty (50) mile radlus of Harrisburg). 8. 1~9~.lNG.oMj!;,!,~X, REJ'tJJ~N Plaintiff and Defflndant shall .1 ", , , ~ "', !il 0\ alll; (,,- ii:~ :'-. 1 ('1! ". ... Ijt\l I ;~~ lJl,~ ./'- ~.) ,,;. ~r:' 1...1 ..,., ;;~:() ." .- t "0 N )-'>(" ~ ." .. t:;J ,n" ... W. ~ " '-''IA-.._',:~' BRYAN T. EDWARDS, I IN THE COURT OF COMMON PLEAS PLAINTIFF 1 OF CUMBERLAND COUNTY 1 PENNSYLVANIA 1 V 1 NO. 95-3407 1 JEAN B. EDWARDS, I CIVIL ACTION - LAW DEFENDANT I IN DIVORCE PRAECIPE TO TRANSMIT RECORD To the prothonotary I Transmit the record, together with the fOllowing information, to the court for entry of a divorce decree 1 1. Ground for divorce I irretrievable breakdown under Section (201(c)) of the Divorce Code. 2. Date and manner of service of the complaint 1 On June 28, 1995, via U.S. Mail. First Class, Certified, Return Receipt Requested, postage prepaid. 3. Date of execut.ion of the affidavit of consent required by Section 201 (c) of the Divorce Code: by Plaintiff, December 26, 19951 by Defendant, December 26, 1995. 4. Related claims pending 1 None. C:::::':::--- " ( ~,C\ :QI) Susan Kay Can iello Attorney fdr- laintiff P _r.l' t:) ,:-; In '11 ..."i't ,~" ;;J :.'..... tlJL)\ ,. II\fn .- ~~,J 1-" I "~ O!,'" ~ j,:: ,L- "j~ r'~('J ." :...., n ,.' : (...) ::l. 1".,llO) ~l ~1 " .--.(..' ,." J.,- =.i ~.:J &:" ... BRYAN T. EDWARDS, IN THE COURT OF COMMON pl..EAS PLAINTIFF 01:'. CUMBERLAND COUNTY, PENNSYLVANIA V NO. CIVll. CIVIL ACTION - LAW JEAN B. EDWARDS, DEI:'ENDANT ACTION FOR DIVORCE l'iQll!::JL.Qf.JUQ.lrJ.' _'rQ ,~9!J.!'i~)1;1 I l'I9 You are one of the parties in the above captioned action in Divorce. By virtue of Section 202 of the Pennsylvania Divorce Code, it is the duty of the Court to advise both parties of the availability of counseling and upon request to provlde both parties a list of qualified professionals who provide such services. Accordingly. if you desire counseling, please advise in writing promptly by replYlng to: Prothonotary, Cumberland County Courthouse, 1 Courthouse Square, Carlisle, Pennsylvania, 17013. Prothonotary BRYAN T. EDWARDS, IN THE COURT OF COMMON PLEAS PLAINTIFF OF CUMBERLAND COUNTY, PENNSYLVANIA V NO. CIVIL CIVIL ACTION - LAW JEAN B. EDWARDS, DEFENDANT ACTION FOR DIVORCE \lJJ:.B,H'J,G~,'l'.lQN I, BRYAN T. EDWARDS, verify I am the Plaintiff in the foregoing action, that the attached Complaint for Divorce is based upon information which has been gathered by my counsel in the preparation of this lawsuit. The language of the Complaint is that of my counsel and not mine. I have read the Complaint and to the extent that it is based upon information which I have given to my counsel, it is true and correct to the best of my knowledge, information and belief. To the extent that the contents of the Complaint is that of counsel, I have relied upon counsel in making this Verification. I understand that I am subject to the penalties pf 18 Pa. C.S. section 4904 relating to unsworn falsification to authorities for any false statements that I have made in the foregoing Complaint. DATE "'Iill~" BRYAN T. EDWARDS, IN THE: COURT Of' COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY PENNSYLVANIA V NU. CIVlf. CIVIL ACTION - LAW JEAN B. EDWARDS, DEFItNPANT ACTION FOR DIVORCE " 9.I1:BTJfJGATguOF 5ERV l,q: I, Susan Kay Candiello, Esquire, hereby certify that a true and correct copy of the foregolng COMPLAINT FOR DIVORCE was served by first class mail, postage prepaid upon: Jean B. Edwards 6 Blackmore Court Camp Hill. PA 17011 Dat.~.~(o _, 1995 ~~ san Kay C~n 110 South elf P.O. 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