HomeMy WebLinkAbout95-03459
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The court retains I'urisdiction of the following claims which have ...
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been I'aised of record in this action for which a final order has not yet ,
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agreement between the parties, dated December 16, 1995, and attaClhed I~
heret0' a,nd. he-rt1by. ,l-ncorpr0ated,ln ,th,l,s, ,Dec,ree and, Order, b'y ,ref,erence .
as fully as though the same were set forth herein at length, said ~
agreement hall not merge with, but shall survive this Decree and ~
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IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY
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5TATE OF llr,;'.. · PENNA,
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THOMAS W. WALSON,
:\\1,95-3459
II) 95
Plaintiff
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MARGIE A. WALSON,
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Defendant
DECREE IN
DIVORCE
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AND NOW,
" 19 96 . , ., it is ordered and
decreed tho' ,.. .H!OMA.~ .W,. .WI\~S.O.N.
MARGIE A. WALSON
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. . . , . , , . , , , ", plaintiff,
. ,. , , .. . , , . , , , " defendant,
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ora oivor(flo from the bonds of matrimony,
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AGR'-:1nI1IN'I'
Section 1
Introduction
J 'II ( ,-
AGRBBMENT made this. ~ r day of Ul:(O"",blV- , 1995, by and
between THOMAS 9f. 9fALSON ("Husband") and KARGII A. 9fALSON ("Wife"),
WITNESSETH:
WHEREAS, the parties hereto are Husband and Wife, having been
married on August 12, 1972, in Largo, Florida,
There are two
children born of this marriage, said children being: Kathryn A,
Walson, born February 26, 1979 and David Andrew Walson, born August
28,1982,
WHEREAS,
diverse
unhappy
differences,
disputes
and
difficulties have arisen between the parties, and it is the
intention of Wife and Husband to live separate and apart for the
rest of their natural lives, 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; the ownership and equitable distribution of marital
property; the past, present and future support, alimony, alimony
pendente lite and/or maintenance of Wife by Husband or of Husband
by Wife; the past, present and future support and/or maintenance of
the child; the implementation of custody, partial cU8tody/visita-
tion arrangements for the minor child of the parties; and in
general, any and all claims and possible claims by one against the
other or against their respective estates,
NOW, THEREFORE, in consideration of the premises and of the
mutual promises, covenants and undertakings hereinafter set forth
and for other good and valuable consideration, receipt of which is
hereby acknowledged by each of the parties hereto, Wife and
Husband, each intending to be legally bound hereby, covenant and
agree as follows:
Section 2
general provisions
1. AGREEMENT NOT A BAR TO DIVORCE PROCEEDINGS.
This Agreement shall not be considered to affect or bar the
right of Wife or Husband to a divorce on lawful grounds if such
grounds now exist or shall hereafter exist or to such defense dS
may be available to either party, This Agreement is not intended
to condone and shall not be deemed to be a condonation on the part
of either party hereto of any act or acts on the part of the other
party which have occasioned the disputes or unhappy differences
which have occurred prior to or which may occur subsequent to the
date hereof, The parties intend to secure a mutual consent, no-
fault divorce pursuant to the provisions of Section 3301(c) of the
Divorce Code of 1980, as amended.
2, EFFECT OF DIVORCE DECREE.
The parties agree that unless specifically provided herein,
this Agreement shall continue in full force and effect after such
time as a final decree in divorce may be entered with respect to
- 2 -
the parties.
3. PBRSONAL RIGHTS.
Wife and Husband may and shall, at all times hereatter, live
separate and apart. They shall be free trom any contact,
restraint, interterence or authority, direct or indirect, by the
other in all respects as fully as it they were unmarried. Each
may, for his or her separate use or benefit, conduct, carryon and
engage in any business, occupation, profession or employment which
to him or her may seem advisable. Wife and Husband shall not
molest, harass, disturb or malign each other or the respective
families of each other nor compel or attempt to compel the other to
cohabit or dwell by any means whatsoever with him or her.
4. EFFECT OF RECONCILIATION OR RECONCILIATION ATTEMPT.
This Agreement shall remain in full force and effect even if
the parties reconcile, cohabit as Husband and Wife, or attempt a
reconciliation. This Agreement shall continue in full force and
effect, and there shall be no modification or waiver of any of the
terms hereof unless the parties, in writing, signed by both
parties, execute a statement declaring this Agreement or any term
of this Agreement to be null and void.
5. FINANCIAL DISCLOSURE.
The parties have disclosp.d to each other and they are each
aware of the extent of each other's income, assets, liabilities,
holdings and estate.
.3-
6. ADVICE OF COUNSEL.
The provisions of this Agreement and their legal ettect have
been fully explained to the parties by their respective counsel,
Ann E. Rhoads, Esquire, for Wife and Randall L. Hartman, Esquire,
for Husband. The parties acknowledge that each has received
independent legal advice from counsel of their selection and that
they have been fully informed as to their legal rights and
obligations, including all rights available to them under the
pennsyl vania Divorce Code of 1960, as amended, and other applicable
laws. Each party confirms that he or she fully understands the
terms, conditions and provisions of this Agreement and believes
them to be fair, just, adequate and reasonable under the existing
circumstances. The parties further confirm that each is entering
into this Agreement freely and voluntarily and that the execution
of this Agreement is not the result of any duress, undue influence,
collusion or improper or illegal agreement or agreements.
7. MUTUAL RELEASES.
Except as otherwise expressly provided by this Agreement:
A. Each party hereby absolutely and unconditionally releases
and forever discharges the other and the estate of the other for
all purposes from any and all rights and obligaticns which either
may have or at any time hereafter have for past, present or future
support or maintenanco, alimony pendente lite, alimony, equitable
c.'Iiatribution, counsel fees, costs, expenses and any other right or
obligation, economic or otherwise, whether arising out of the
- 4 -
marital relationship or otherwise, including all rights and
benefits under the Pennsylvania Divorce Code of 1960, its
supplements and amendments, as well as under any other law of any
other jurisdiction, except and only except all rights, agreements
and obligations of whatsoever nature ~rising or which may arise
under this Agreement or for the breach of any provision thereof.
Neither party shall have any obligation to the other not expressly
set forth herein.
B. Each party hereby absolutely and unconditionally releases
and forever discharges the other and his or her heirs, executors,
administrators, assigns, property and estate from any and all
rights, claims, demands or obligations arising out of or by virtue
of the marital relationship of the parties or otherwise, whether
now existing or hereafter arising. The "bove release shall be
effective regardless of whether such claims arise out of any former
or future acts, contracts, engagements or liabilities of the other
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 any other
country. It is expressly understood, however, that neither the
provisions of this release nor the subsequent entry of a divorce
. 5 -
decree are intended to defeat the right of either party to receive
any insurance proceeds at the death of the other of which she or he
is the named beneficiary (whether the beneficiary designation was
made prior or subsequent to execution hereof), nor to defeat the
right of either party to receive any legacy, bequest or residuary
portion of the other's estate under his or her will, or to act as
personal representative or executor if so named by the will of the
other, whether such will was executed prior or subsequent to this
Agreement.
C. Except for any cause of action for divorce which either
part.y may have or claim to have, and except for the obligations of
the parties contained in this Agreement and such rights as are
expressly reserved herein, each party gives to the other by the
execution of this Agreement an absolute and unconditional release
and discharge from all cause8 of action, claims, rights or demands
whatsoever, in law or in equity, which either party ever had or now
has against the other.
6. WAIVER OR MODIFICATION TO BE IN WRITING.
No modification or waiver of any of the terms hereof shall be
valid unless in writing and signed by both parties, and no waiver
or any breach hereof vr default hereunder shall be deemed a waiver
of any subsequent default of the same or similar nature. Notwith-
standing this provision, under applicable Pennsylvania law, the
parties understand that any provision of this Agreement relating to
child support or to custody shall be subject to modification by the
- 6 -
Court upon a showing of changed circumstances.
9. LAW OF PENNSYLVANIA APPLICABLE.
This Agreement shall be construed in accordance with the laws
of the Commonwealth of Pennsylvania.
10. AGREEMENT BINDING ON HEIRS.
Except as may otherwise be provided, this Agreement shall be
binding and shall inure to the benefit of the parties hereto and
their respective heirs, executors, administrators, successors and
assigns.
11. INTEGRATION.
This Agreement constitutes the entire understanding of the
parties and supersedes any and all prior agreements and
negotiations between them. There are no representations or
warranties other than those expressly set forth herein.
12. OTHER DOCUMENTATION.
Wife and. Husband covenant and agree that they will forthwith
(and within at most ten (10) days after demand therefor) execute
any and all written instruments, assignments, releases, satis-
factions, deeds, notes or such other writings as may be necessary
or desirable for the proper effectuation of this Agreement.
13. NO WAIVER OF DEFAULT.
This Agreement shall remain in full force and effect unless
and until terminated under and pursuant to the terms of this
Agreement. The failure of either party to insist upon strict
verformance of any of the provisions of this Agreement shall in no
- 7 -
way affect the right of such party hereafter to enforce the same,
nor shall the waiver of any bl'l!Iach of allY provision herl\lof be
construed as /I waiver of any E1ubsequent def.ault of the same or
similar nature, nor shall the waiver of IIny breach Qf any provision
hereof be construed liS II waiv0~ of Bt~ict perfOl~ance of any other
obligations herein.
14. SEVERABILITY AND-l~lfL1WILBEPARA'I'J;: COVENANTS.
The parties agree that each sepa~ate obligation contained in
this Agreement shall be deemed to be II 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 othel-wise, then only that term,
condition, 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.
15. HEADI~~OT PART OF AGR~EMENT
Any headings preceding the text of the several paragraphs and
subparagraphs hereof are insp.rted solely for convenience of
reference and shall not constitute a part of this Agreement nor
shall they affect its meaning, construction or effect.
16. BANKRUPTCY OR REORGANIZATION PROCE~DINGS.
In the event that either party becomes a debtor in any bank-
ruptcy or financial reorganization proceedings of any kind while
any obligations remain to be performed by that party for the
benefit of the other party pursuant to the provisions of this
. 6 -
Agreement, the debtor-spouse hereby waives, releases and relinq-
uishes any right to claim any exemption (whether granted under
state or federal law) to any property remaining in the debtor as a
defense to any claim made pursuant hereto by the creditor- spouse,
and the debtor-spouse hereby assigns, transfers and conveys to the
creditor-spouse an interest in all of the debtor's exempt property
sufficient to meet all obligations to the creditor-spouse as set
forth herein, including all attorneys' fees and costs incurred in
the enforcement of this paragraph or any other provision of this
Agreement.. No obl igation created by this Agreement shall be
discharged or dischargeable, regardless of federal or state law to
the contrary, and each party waives any and all right to assert
that any obligation hereunder is discharged or dischargeable.
] 7. WIFE' S DERLS..
Wife represents and warrants to Husband that since the
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 harmless Husband from
any and all claims or demands made against him by reason of debts
and obligations incurred by her. Wife acknowledges and agrees that
all debts and obligations incurred by the Wife prior to the date of
the delivery of this Agreement, and all further debts incurred by
the Wife from and after the date of delivery hereof, shall be the
Wife's individual responsibility.
- 9 -
lB. HUSBAND'S CHBTS.
Husband represents and warrants to Wife that since the separa-
tion he has not and in the ruture he will not contract or incur any
debt or liability for which Wite or her estate might be responsible
and shall indenuliry and oavlt harmless Wife from any and all claims
or demands made against her by reason of debts or obligations
incurred by him. Husband acknowledges and agrees that all debts
and obligations incurred by the Husband prior to the date of the
delivery or this Agreement, and all further debts incurred by the
Husband from and after the date or delivery hereof, shall be the
Husband's individual responsibility.
19. WAIVER OF ALL CLAIMS.~IVORCE ACTION.
In consideration or the mutual promises contained herein,
Husband and Wire do hereby waive, release and give up all rights
they may respectivIIly have against the other in the pending divorce
action between them, including but not limited to, equitable
d.1.stribut iClII or marita.l property, attorneys' fees and expenses.
20. BREACH.
If eithor party breaches any provision of this Agreement, the
other party shall have the right, at his or her election, to sue
for damages ror such breach, or seek other remedies or relief as
may be available to him or her, and the party breaching this
contract should be responsible tor payment of legal tees and costs
incurred by the other in entorcing their rights under this
Agreement.
- 10 -
Section 3
Custody. Sunnort. Alimony, Alimony
Pendente Lite and Co,msel Pees Provisi21Ul.
1. CUSTODY AND VISITAIlQN.
It is the deep desire and strong intention of both Husband and
Wife that their children, Kathryn and David, shall continue to have
a close, nurturing and uninterrupted relationship with both Husband
and Wife despite the unhappy occurrence of their separation and
possible future divorce.
Since their separation, both Wife and
Husband have cooperated with one another so that each has had
unlimited acce3S to and time with the children without establishing
a rigid visitation or custody schedule. Husband and Wife agree to
continue that cooperation with one another so that the children can
continue their uninterrupted relationship with each of them. The
parties, therefore, hereby agree that they shall share physical and
legal custody of the children; provided, however, that Wife shall
generally have primary physical custody of the children so long as
Husband is allowed to exercise his shared physical and legal
custody rights in a mutually convenient and liberal manner. With
respect to holidays, vacations and special occasions, Husband and
Wife will reach agreement on these matters from time to time given
the circumstances which arise. If at some future time Husband and
Wife find that this flexible arrangement regarding custody is no
longer effective, either may seek a revision of this arrangement,
and if no agreement is reached after reasonable effort, may seek
- 11 -
modification of this Agreement by the Court of Common Pleas of
CUmberland County, Pennsylvania.
3. CHILD SUPfQ&I.
Husband hereby agrees to pay child support as follows:
A. Husband shall pay Wife $125.00 per. month, per child for
the support of Kathryn and David until each attains 16 years of age
or graduates high school, whichever last occurs.
B. In addition to the payments in A above, Husband agrees to
deposit $50.00 per month into an interest-bearing account estab-
lished as a post-high school education fund for Kathryn. These
monthly contributions shall continue until Kathryn attains 16 years
of age or graduates high school, whichever last occurs. Beginning
immediately upon the termination of these deposits for Kathryn,
Husband agrees that he will deposi t $50.00 per month into an
interest-bearing account established as a post-high school
education fund for David. Again, the monthly contributions shall
continue until David attains 16 uears of age or graduates high
school, whichever last occurs.
C. In the event that Kathryn or David attend undergraduate
college or a post-high school trade school, Husband agrees to pay
$125.00 per month directly to the enrolled child. Husband may
terminate these payments to a child if the child fails to make
normal progress toward an undergraduate degree or completion of the
trade school curriculum.
- 12 -
"
D. It is understood by the parties that Wife is presently
providing medical insurance coverage for the children at her
expense. Husband agrees to pay one-half (1/2) of all unreimbursed
medical expenses for the children.
4. INCOME TAX DEDUCTIONS.
Husband and Wife agree that Wife shall be entitled to the
income tax dependency deduction for the children.
5. WAIVER OF SPOUSAL SUPPORT AND ALIMONY PENDENTE LIT~.
Husband and Wife do hereby waive, release and give up any
rights arising from the continuing existence of their marital
relationship which either may have against the other for spousal
support, alimony pendente lite, or other maintenance of any kind,
except as otherwise specifically provided herein.
6 . liAI.YilL..Qf. AL I MONY .
Husband and Wife do hereby waive, release and give up any
rights which either may have against the other to receive alimony
or other post-divorce maintenance or support. It shall be, from
the execution date of this Agreement, the sole responsibility of
each of the respective parties to sustain himself or herself
without se~king any support from the other party.
7. COUNSEL FEES.
Each party is represented by counsel of his or her choice and
each agrees to pay his or her own legal fees in connection with the
negotiation and preparation of this Agreement and in any divorce
action between them without claim against the other.
- 13 -
Sectiou 4
PrODertv Distribution Provisions
1. PERSONAL PROPERTY.
Husband and Wife do hereby acknowledge that they have
previously divided their tangible personal property including, but
without limitation, jewelry, clothes, furniture, furnishings, rugs,
carpets, housohold equipment and appliances, pictures, books, works
of art and other personal property; and hereafter Wife agrees that
all of the property in the possession of Husband shall be the sole
and separate property of Husband; and Husband agrees that all of
the property in the possession of Wife shall be the sole and
separate property of Wife. The parties do hereby specifically
waive, release, renounce and forever abandon any claims which
either may have with respect to the above items, which shall
hereafter be the sole and exclusive ,property of the other.
2. WAIVER OF RETIREMENT BENEFITS.
Husband and Wife hereby specifically .elease and waive any and
all interest, claim or right that he or she may have to any and all
retirement benefits (including pension, individual retirement
accounts or profit sharing benefits) or other similar benefits of
the other party. The parties further acknowledge and agree that
they shall execute any documents pursuant to the Retirement Equity
Act or any similar act that may be required from time to time to
accomplish the purposes of this paragraph.
- 14 -
3. ~-ACOUIRED PROPERTY.
Each of the parties shall hereafter own and enjoy,
independently of any claim or right of the other, all items of
property, be they real, personal or mixed, tangible or intangible,
which are acquired by him or her after execution of this Agreement,
with full power in him or her to dispose of the same as fully and
effectively, in all respects and for all purposes, as though he or
she were unmarried.
4. MOTOR VEHICLES.
With respect to the motor vehicles owned by one or both of the
parties, they agree as follows:
A. Wife shall hereafter be the sole and exclusive property of
1990 Chevrolet Lumina, free of liens and encumbrances.
B. Husband shall hereafter be the sole and exclusive },?roperty
of 1987 Honda Civic, subject to liens and encumbrances. Husband
currently owes approximately $1,000.00 to the Bank of Maryland,
which is holder of the first encumbrance on the vehicle. Husband
hereby agrees to pay said debt in full and in a timely manner and,
further, agrees to indemnify Wife and hold her harmless from any
and all claims and expenses relating in any way to said debt.
S. TRANSFER OF REAL ESTATE.
Husband shall make, execute and deliver all documents in the
usual form conveying, transferring and granting to Wife all of his
right, title and interest in and to the real estate situate at and
known as 5 Qakwood Court, Camp Hill, Pennsylvania.
- 15 -
"
The said conveyance shall be free of all liens and
encumbrances in the name of the Husband. Wife hereby agrees that
within six (6) months after the granting of the divorce, she will
cause the release of Husband from any liability or obligation on
the mortgage notes presently existing with respect to said premises
and upon which both parti<:!s hereto are liable. Wife will have
Husband released from liabili.ty and his name removed from all loans
on the property including the existing primary mortgage and second
mor~gage. Husband hereby assigns to Wife any and all interest
which he may have in any insurance policies covering the real
estate, or in proceeds from such policies, or in any prepaid real
estate taxes. Wife hereby agrees to indemnify Husband and to hold
him harmless for any and all payments due in accordance with the
terms of the mortgages existing against the property.
The documents conveying title to the property shall be
executed by Husband on the nata of execution of this Agreement and
shall be delivered to Ann E. Rhoads, Esquire, counsel for Wife, to
be held in escrow and delivered to Wife upon confirmation that
Husband has been released from any liability or obligation on the
aforesaid mortgage notes.
6. REAL ESTATE EXPENSES.
From the date of execut10n of this Agreement, Wife agrees to
assume her sole obligation any and all mortgage payments, taxes,
utility charges, insurance, maintenance, repairs, claims, damages
and all other expenses incurred in connection with the real estate
- 16 -
situate at and known as 5 Oakwood Court, Camp Hill, Pennsylvania.
Wife further agrees and covenants to hold Husband harmless from any
liability or obligation arising from any expense incurred in
connection with the said real estate.
7. EXCLUSIVB RIGHT OF OCCUPANCY OF REAL ESTATE.
From the date of execution of this Agreement, Wife shall have
the exclusive right to occupy the premises situate at and known as
5 Oakwood Court, Camp Hill, Pennsylvania, free of rent without
interference or harassment by Husband. Further, Husband hereby
waives any claim for rent from Wife for her occupancy of the
premises prior to the date of execution of this Agreement.
Husband agrees to refrain from instituting any action in
equity or partition or otherwise in connection with said premis~s.
6. EOUITABLB DISTRIBUTION.
Husband and Wife acknowledge and agree that the provisions of
this Agreement with respect to the distribution and division of
marital and separate property are fair, equitable and satisfactory
to them based on the length of their marriage and other relevant
factors which have been taken into consideration by the parties.
Both parties hereby accept the provisions of this Agreement with
respect to division of property in lieu of and in full and final
settlement and satisfaction of all claims and demands that they may
now have or hereafter have against the other for the equitable
distribution of their property by any court of competent juris-
diction pursuant to Section 3502 of the Pennsylvania Divorce Code
- 17 -
,
.
or any other laws. Husband and Wife voluntarily and intelligently
waive and relinquish any right to seek a court ordered
determination and distribution of marital property, but nothing
herein contained shall constitute a waiver by either party of any
rights to seek the relief of any court for the purpose of enforcing
the provisions of this Agreement.
9. INTENDElLIAX RESULT AND INDEMNIFICATION.
By this Agreement the parties have intended to effectuate, and
by this Agreement have divided their marital property. The parties
have determined that such division conforms to a right and just
standard with regard to the rights of each party. The division of
existing marital property is now, except as may be otherwise
expressly provided herein, intended by the parties to constitute in
any way a sale or exchange of assets. As a part of the division of
the marital properties and the marital settlement herein contained,
the parties agree to save and hold each other harmless from all
income taxes assessed against the other resulting from the division
of the property as herein provided.
IN WITNESS WHEREOF, and intending to be legally bound hereby,
the parties have set their hands and seals the day and year first
written above.
(A }-,. } >\1 (J("L t '>
WITNESS
--!1(J/lt}o) fl !;)rll~)
MARblE A~ WALSON, WIFE
~ V, \)JJ~
THOMAS W. WALSON, HUSBAND
- 16 -
(SEAL)
~.~~~~_.~
W TNESS
(SEAL)
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RANDALL L. HARTMAN. PC
AttorneY at Law
431 Marbt SIIeCl, Ltmoyn., PA 17043
(717)761.8490
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