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HomeMy WebLinkAbout95-03428 , , " ,.... Co. ~ I' " " I' . '1 " ~ ~ ~ , " ", ~ " ~ ,I J , , '.' , Do I I I ~ I '::.t- rr) I " . " , , " " '" " " , , 'I " ~ ~ ~ _I '" ...._ . '... .. -IIC' '.' ~ ,~ ~ ~ ~ ... " . . . , ~<<, '~', .~~ :~', '~;.. ::~', -'~' .'~', .:<<, .:<<. .*. .:.:~ ":~'. ':-=,' ..:+:. .:.;. .:.:. .:.;. .:.:- .:.:. :. .:.:. ':.:. .*. .:,. <<<, .:.: -:.:. ... :*' .;. ~ ,~ , . ~' !~ I. :~ : IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY STATE OF ;~~~! PENNA. ~ '1 ~; "I ..,1, , ~: . . ~I . , ~: '0" ~, i ~.' ! ~i . , ...1 ~I ~I "1 ~j ~I '.'/ Alexander Kerry Plolnt I [f i'\ I), 9~-J428ClvHTllnlI9 \'1'1':'0," Koren Cnozzo Kerry Defendont ~j "'1 ~I DECREE IN DIVORCE ~I: '," 1 ~I "', '~I ~I .. ~ AND NOW, . , , . , , , . . . .~h'~ ,~'( . " 19. 9.~, " It is ordered and decreed that, , . . Alexonder, Kerry' . . . . . . . . , , . , . , , . , , , , ,. , , , " , " plaintiff, and . , , . . , . . , . . . . .Kllren .Gnlllll\'! .l\er:rY .. .,..",.". """"", defendant, are divorced from the bonds of matrimony, ,~ ~ ~ ~I ~ ,;, ~ 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; ~ ,~ ~ ~ The.~tt~ched Morltol .Settlcme~!.A~r~~~~nt.IR.h~~eby,I~~?r~?~~~~~,~~~ '" ,not...,rged, IDtO,lblll.o.-cr..", ID.Dlvorce.""",."""""""""" '.' ,*' '.' ,:e.;, ,:.;. ,:eo;. ':+:' ':.;. ,~:' ':+:' .:.:. ':+:. ':.:. ':.:' ~ ~ 8 I~ :.: ,'" , , .~ i' I'~ '" I. .~ .:.:. .:);. .:.;. .:.:. .:.:. .:to;. .:.:. '*, fly Th. ellllrl: ,I . . /l #- Au..a1, .,:.::U"")"',.~.. f' (,-J...,g,';l, /~ 'fi' JJ, ," ;'.,:I#""~/(J.'~c.~ ) ~,,I 15 ' .. ~J,,- -' 1 i . 1\.';;:<"Jt" '^ -.....~ct: M ~ / Pf'olhonol.ry , , ~~ , ' 'iii I: i~ I~ I~ " " " " ... " ~ " " ~ ~ ~ .. " j',. ~ 8 w I~ 1 : i~ I~ , , ~ ~ I" " ~ ~ " " ~ 8 ,;, " ALEXANDER KERRY. PLAINTIFF v. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY. PENNSYLVANIA NO. 95-3428 CIVIL TERM CIVIL ACTION - LAW IN DIVORCE KAREN GNAZZO KERRY, DEFENDANT PRAECIPE TO TRANSMIT RECORD To the Prothonotery: Trensmlt the record, together with the following Informetlon, to the Court for entry of e Divorce Decree: 1. Ground for dlvorco: Irretrievable breakdown under Section (XXI 3301 (c) ) 3301 (dl of the Divorce Code, 2. Date and manner of service of the Complaint: July 10, 1996 by personal service, Complete either paragraph (alar (b), (a) Date of execution of the Affidavit of Consent and Waiver of Counseling required by Section 3301 (c) of the Divorce Code: by Plaintiff: April 18, 1996; by Defendant: April 18, 1996. (b) (II Date of execution of the Plaintiff's Affidavit required by Section 3301 (d) of the Divorce Code: (2) Date of service of the Plaintiff's Affidavit upon the Defandant: 4. Related claims pending: All claims settled, 5. Date end manner of service of the notice of intemlon to file Praecipe to Transmit Record, a copy of which Is attached, If the decree is to be enterlld under Section 3301 (dl of the Divorce Code: " ' , ,. , q 1,.., , In '. ,.it' " " I P .J ."1 , ~ ! , !.' ,1:1 \L) (,J , II) ., .. 'I , 1:1 , .C) " , I:.', In ,.1 '! llustodYI and any and all claims which either party has, or may have, against the other or the other's estate. NOW THEREF'ORE, in consideration of the mutual promises I covenants and undertakings hereinafter set forth and for other good and valuable consideration, receipt of which the parties acknowl- edge, Wife and Husband, each intending to be legally bound, hereby covenant and agree as follows; 1. SEPARATION. EaGh party shall have the right to live separate and apart from the other party, free from the other party's interference, authority and control. Neither party shall harass the other or attempt to harass the other, nor compel the partie~1 cohabitation. 2. WIFE'S AND HUSBAND'S DBBTS. Except as otherwise set forth in this Agreement, the parties represent and warrant to each other that they have not incurred and will not contraGt or incur any debt or liability for which the other or the other's estate might be responsible. Each party shall indemnify and save harmless the other from any and all. claims or demands made against the other by reason of debts or obligations incurred by that party. 2 3. PROPERTY DISTRIBUTION. a. Real Estato. i. Marital Residence. The parties own as tenants by the entireties improved real property situated at 4 Briarwood Court, Camp Hill, Cumberland county, Pennsylvania ("marital resi- dence"). Upon Wife's payment to Husband of the sum of $15,000, Husband shall execute a deed conveying to Wife all his right, title, and interest in the mar.ital residence. with the exception of this payment, Husbatld waives all claims, if any, to the equity in this property. b. Joint Debts and Liabilities. The parties acknowl- edge that the only debts or obligations with outstanding balances incurred jointly during their marriage are the following: Account Balance Due center Bank Mortgage Co. Visa Sears Main Sears Plus Veterinarian bill $69,000 2,000 2,000 500 1,000 i. Wife shall assume sole responsibility for the Center Bank Mortgage company mortgage and the Veterinarian bill. wife shall indemn.ify and hold harmless Husband from a1.1 claims relating to these obligations. wife also shall be responsible solely for payment of the following accounts established during the marriage in Wife's name: Boscov's, J.e. Penney's, and Wanamakers. i1. lIuflband Bhall assuJnf.l sole responsibility for the Visa, Sears Main and Scars Plus accounts. Husband sha 11 ) indemnify and hold harmless Wife from all claims relating to these obligations. iii. Any debts or obligations incurred by either party in his/her individual name, whether incurred before or after separation, are the sole responsibility of the party in whose name the debt or obligation was incurred. c. yotor Vehicles. i. Husband shall retain sole and exclusive possession of the 1986 Dodge titled in Husband's parents names. i1. \'Ilfe shall retain sole and exclusive ownership of the 1991 Honda Accord titled in Wife's name and shall assume sole responsibility for all encumbrances on this vehicle, if any. d. Lite Insurance Policies. Husband and Wife waive and relinquish any right or interest, of whatever nature, including a claim to the cash value or the surrender value, which either may have in and to any policies of lite insurance in force as of the execution date of this agreement. e. BiJIlK. Accounts. IndividuaLBetirement Accounts and QQr.J;lficates ot Deposit. Prior to executing this agreement, the parties terminated any joint accounts and distributed the finds to their satisfaction. The parties acknowledge that they have not acquired any 1Ms or CDs during the marriage. 4 t. stocks. Secur.ities and Other Intangible Assets. The parties acknowledge that they have not acquired any suoh aBsets during the marriage, g. Pension and Retirement Benefits. 1. Neither party has acquired any pension or retirement benefits during the marriage. h. Uousehold Goods and Furnishings. All personal property currently in Wife's possession shall be her sole and separate property without claim by Husband with the exception of those items given to the marriage by Husband's parents. All such property is reserved to Husband. All personal property currently in Husband's possession shall be his sole and separate property without claim by Wife. 4. SPOUSAL SUPPORT AND ALIMONY. Neither party shall be entitled to spousal support or alimony pendente lite and eaoh party expressly waives the right to pursue such claims. 5. CIlILD CUSTODY AND SUPPORT. a. Custo~. The parties shall share legal custody of their children, Alixandra Kerry and Ariel Kerry, Wife shall have primary physical custody. Husband shall enjoy partial custody of the children on such dates and times as tho pnrties agree. Wifo agrees not to I f' withhold unreasonably the children from Husband. 5 b. Child support. Husband's child support obligation will be as determined by the Cumberland County Domestic Relations Office at a support conference now scheduled for May 24, 1995. 6. POST-SECONDARY EDUCATIONAL COSTS. The parties agree to share equally the following post-secondary educational expenses for each of the parties' children: room, board, tuition, books, student activity fees, lab fees, and application fees. This responsibility will terminate upon the children's attaining a bachelor's degree. 7. AFTER-ACQUIRED PROPER7'Y. Each of the parties shall own and enjoy, independently of any claims or rights of the other, all real property and all items of personill pr.operty, tangible or intangible hereafter acquired, with full power to dispose of the same as fully and effectively as though he or she were unmarried. Any property so acquired shall be owned solely by that party and the other party shall have no claim to that property. 8. COUNSEL FEES AND EXPENSES. Each party shall be responsi- ble for payment of his/her counsel fees. Neither shall seek reimbursement or contribution from the other for these fees or expenses. 6 9. TAX CONSEQUENCES OF PROPERTY TRANSFER. The parties have negotiated this Agreement with the understanding that the property transfers described in this Agreement fall within the provis,\ons of section 1041 of the Internal Revenue Code, and as such will not result in the recognition of any gain or loss upon the transfer by the transferor. a. Income Tax Refunds and Liabilities. During the marriage, the parties have filed joint federal, state and local income tax returns. The parties agree to share, on a pro-rata basis according to each parties' income, any tax refunds and liabilities, including payment of interest and penalties arising out of the filing of any joint returns during the marriage. 10. ADVICE OF COUNSEL. Husband and Wife have been represent- ed by independent counsel. The parties acknowledge that their respective counsel have explained to them the provisions of this agreement and its legal effect, and their legal rights and obligations, including all rights available to them under the Pennsylvania Divorce Code and other applicable laws. The parties acknowledge that they understand fully the terms, cond itions, and provisions of this agreement and believe the agreement to be fair, just, and reasonable under the existing circumstances. The parties further confirm that they are entering into this agreement freely and voluntarily and that theh' execution ,. 7 of this agreement is not the result of any duress, undue influence, oollusion, or improper or illegal agreement. 11. PREPARATION OF AGREEMENT. This agreement has been prepared by counsel for Husband and shall be interpreted simply and fairly and not strictly for or against either party. 12. WAIVER OF RIGHTS ANI) MUTUAL RELEASES. Except as provided in this Agreement, both parties absolutely and unconditionally release and forever discharge the other and their heirs, executors, administrators, assigns, property and estates from any and all rights, claims demands or obligations arising out of or by virtue of the marital relationship, whether such claims exist now or arise in the future. This release shall be effecti va regardless of whether such claims arise out of former or future acts, contracts, engagements or liabilities of the parties or by way of dower, curtesy, widow's rights, family exemption or similar allowance, or under the intestate laws, or the right to take against the spouse's will, 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's estate, whether arising under the laws of Pennsylvania, any state, commonwealth or territory of the United States, or other country. Except for any cause of action for divorce which either party may have or claim to have, and except for. the obligations of the 8 parties contained in thiu Agreement, each party gives to tho othor an absolute nnd unconditional release and discharge from all causes ot action, claims, rights or demands whatsoever, in law or in equity, which either party ever had or now has against the other, including but not limited to alimony, alimony pendente lite, equitable distribution of marital property, counsel fees or expenses. The parties acknowledge that Wife's mother, Toni Gnazzo, has filed certain charges against Husband as a result of a domestic dispute. Husband is executing this agreement based upon Wife's representation that Wife's mother will execute a side agreement pursuant to which Ms. Gnazzo will withdraw all charges currently pending against Husband. 13. EFFECT OF DIVORCE DECREE ON AGREEMENT. Either party may enforce this Agreement as provided 1n section 3105(a) of the Divorce Code, as amended. As provided in section 3105(c), provi- sions of this Agreement regarding equitable distribution, alimony, alimony pendente lite, counsel fees or expenses shall not be subject to modification by the court. 14. DATE OF EXECUTION. The "date of execution" or "execution date" of this Agreement is the date upon which it is signed by the partieo if they sign the Agreement on the same date. otherwise, 9 the "date of exeoution" or "execution date" shall be the date on which the last party signed this Agreement. 15. /lEAnINGS NOT PAR7' OF' AGREEMENT. 'l'he descriptive headings preceding the paragraphs are for convenience and shall not affect the meaning, oonstruction or effect of this Agreement. 16. SE.VERABILITY AND INDEPENDENT AND SEPARATE COVENANTS. Each separate obligation shall be deemed to be a separate and independent covenant and agreement. 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, condi- tion, clause or provision shall be stricken from this Agreement and in all other respects this Agreement shall be valid and continue in full force, effect and operation. 17. ADDITIONAL INSTRUMENTS. within ten (10) after a request to do so, each party shall execute, acknowledge and deliver to the other any and all instruments, assignments, releases, satisfac- tions, deeds, notes or other writings that may be necessary to give full force and effect to this Agreement. 18. AGREEMENT BINDING ON HEIRS. This Agreement shall be binding on nnd shall enure to the benefit of the parties and their 10 respective heirs, executors, administrators, sucoessors and assigns. 19. INTEGRATION. This Agreement constitutes the entire understanding of the parties and. supersedes any and all prior agreements and negotiations between them. There are no representa- tions, warranties, covenants or promises otheJ: than those expressly set forth in this Agreement. 20. MODIFICATION OR WAIVER TO BE IN WRITING. No modification or waiver of any term of this Agreement shall be valid unless in writing and signed by both parties. 21. NO WAIVER OF DEFAULT. The failure of either party to insist upon strict performance of any term of this Agreement shall in no way affect the right of such party hereafter to enforce the term. 22. VOLUNTARY EXECUTION. The parties acknowlloldge that this agreement is fair and equitable, and that they have reached this Agreement freely and voluntarily, without any duress, undue influence, collusion or improper or illegal agreements. The parties further acknowledge that they have not undertaken a full and complete disclosure of marital assets prior to executing this agreement. 11 !rl "j, ," ,~ .:~l ,.., IJ'I 0., " ..' ",'..Il " ,. , ' ') \' ~. ~ \: ~ t~ f' ~ ~~ \Q(l ~\ I'~,,, N ~~ . ~.) ~ , . ~. .... i 0 .... " +J .... I~ ~ 0(' ~ '" ~ ' Ii 00> .c 0 ~ +JU'l.5 ~ 00 o Ql.... VI+J~ .~ ~ o ~ '" - . I ....VI:>: " , " ,', l, . .,', ,.... ". , ,..... . .' . ' . ",' ,. ,. VIRII'ICATIOH knowledge or forth in the I, Alexander Kerry state upon personal information and belief that the averments set foregoing document are true. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. S 4904, relating to unsworn falsifica" tion to authorities. Datel ./I~/9..r , ' l' II I " ' , I " I , I '" l' J 'J ,1 , , ~) L , 1 :' " , :. ~.J ~' I J " II .. i ,... 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