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HomeMy WebLinkAbout95-03477 " , , " , , 'I " , ' ~ , , I' " , , , I , I " , I , , , I ., " , I J I I ' " " J I' " " f"" I I"- " ~ lY\ ' , V; (,}- ~ ,,' "\I.~n....... nil' ~9S.o1 Plllntlff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNtY, PENNSYLVANIA NO. 915- 3477 CIVIL TERM CIVIL ACTION - DIVORCE IN DIVORCE DOROTHY B. ANDREWS, VI. CHARLES W. ANDREWS, Defendlnt .p'l .--., THIS Agreement made this . ' j day of t11 (I. , , 1995 ') /, by and between DOROTHY B. ANDREWS, of 324 West Soufh Street, Carlisle, Cumberland County, Pennsylvania, hereinafter referred to as WIFE, and CHARLES ANDREWS, of Carlisle, Cumberland County, Pennsylvania, hereinafter referred to as HUSBAND, WITNESSETH: WHEREAS, the parties hereto are husband and wife, having been joined In marriage on August 30, 1969, in Brooklyn, New York; and WHEREAS, a Complaint for Divorce has been flied in the Court of Common Pleas of Cumberland County, Pennsylvania, to No. 95.3477, Civil Term; and WHEREAS, 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, tile settling of all matters between them relating to the ownership of real and personal property, and In general, the settling of any and all claims and possible claims against the other or against their respective estates. _111"'.11 IIIUUII a:\.nd.......1I1 m., 46160\15-41 NOW, THEREFORE, In consideration ofthese considerations, and the mutual promises and 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, HUSBAND and WIFE, each Intending to be legally bound, hereby covenant and agree as follows: 1. Advice of Counsel: The parties hereto acknowledge that each has been notified of his or her right to consult with counsel of his or her choice, and have been provided a copy of this agreement with which to consult with counsel. WIFE Is represented by Carol J. Undsay, Esquire, and HUSBAND, hall been advised that he may be represented by counsel of his choice. Each party acknowledges and accepts that this agreement Is, In the circumstances, fair and equitable, and that It Is being entered Into freely and voluntarily, after having received such advice and with such knowledge as each has sought from counsel, and that execution of this agreement Is not the result of any duress or undue Influence, and that It Is not the result of any Improper or Illegal agreement or agreements. 2. Divorce: The parties agree to the entry of a Decree In Divorce. The parties will oxecute, on the 90th day after the filing of the Complaint, Affidavits of Consent under SeCllon 3301 (c) of the Divorce Code, consenting to the entry of a Decree In Divorce. 3. Pereonal Property: WIFE shall receive all household goods, furnishings and art presently In the marital home as her sole and separate property. HUSBAND shall receive the personalty located at his business addresB, the Garden Gallery, 10 North Hanover Street, Cartlsle, Pennsylvania. 1I11'''le 1 'IUIII, ..'..dn.....p m., _9~1 HUSBAND shall have as his sole and separate property a 1989 Ford AeroStar, and WIFE shall have as her separate property the 1992 Nlssan Maxima. WIFE shall make all payments to PESCU on said vehicle, and shall Indemnify and hold HUSBAND harmless against any claim by the lander on account of said vehicle. The parties are obligated on a loan for a 1991 Volvo which Is the property of the parties' son, Charles Patrick Andrews, although titled to the parties. Patrick may continue to make the loan payments for the Volvo. Within ten (10) days of the date of this Agreement, the parties shall transfer to Charles Patrick Andrews, all their right, title and interest In the said vehicle. The parties are also owners of a 1986 Pontiac Flreblrd. Upon his request, said property shall become sole and soparate property of David Barwood Andrews, the parties' son. All other personal property, both tangible and Intangible, shall be the sole and separate property of the person in whose name It Is titled as of the date of this Agreement. 4. Re.1 Property: HUSBAND has transferred to WIFE all his right, title and Interest in the marital home at 324 West South Street, Carlisle, Cumberland County, Pennsylvania. HUSBAND has executed a special warranty deed transferring said Interest. 5. Alimony: HUSBAND will pay to WIFE $350.00 bl-weekly. Said payments shall be made commencing July 17, 1995. In the event that the alimony payments become one month in arrears, this Agreement shall be entered as a Court Order through the Office of Domestic Relations, Cumberland County, Pennsylvania and enforced thereafter as such. Said alimony payments shall decrease by one-half upon WIFE', death or remarriage, or upon her cohabitation with a male person who Is not a member of her family. ""I.lt ] _11""11 1:\llIdnw"'ll nil' _VS~I 6. Marital Debt: The parties have three debts: a Master Card credit card from CltlBank, No. 5424-1600-5486-5610 with a present loan balance of $1,462.00; a personalloen at Farmers Trust Company, with an outstanding balance of $737.00; end an obligation to the Orthodontist for braces for the parties' youngest child, Katherine. Said marital debt shall be the sole end exclusive obligation of the HUSBAND. HUSBAND shall make all payments on said debt timely end shall Indemnify and hold WIFE harmless on Account of any claim by the marital creditors. 7. Cu.tody: The parties are parents of three children, one of them a minor child, Katherine Maude Andrews, born November 29, 1981. WIFE shall have legal and primary physical custody of said child. HUSBAND shall have partial custody of said child at such times as the parties can agree. 8. In.urlnce: HUSBAND shall maintain his present life Insurance policies with WIFE as beneficiary until the minor child, Katherine, attains 18 years of age. HUSBAND shall pay the premiums as they come due and shall not reduce the daath benefit. Within seven days of the premium due date, HUSBAND shall provide WIFE with evidence of the amount of the premium and Its payment. this Agreement Is HUSBAND's authority to WIFE to make Inquiry to receive Information from HUSBAND's Insurance agent regarding a payment of the premium end the beneficiary designation on HUSBAND'S policy. 9. Educational Support: HUSBAND shall pay one-half of the cost of tuition, room, board, books and costs for the college education of the parties' children, David, presently 19 years old, and Katherine. The amount of sold educational support shall be calculated by deductlng from 1~11l.1. 4 ,.nlll. a:\.nd......... nt., ~6-9~"'1 the cost of the Items stated any grants or scholarships earned by the students, and one. half of tho annual earnings of the students. By June 30, 2000, HUSBAND will pay $5,000.00 Into a savings account at Farmers Trust Company, Carlisle, Pennsylvania. Said account will be In the name of Katherine Maude Andrews, and Is a repayment to her of a loan taken by the parties. This repayment shall not offset any obligation for educational support undertaken herein. 10. Modification: No modification, rescission, or amendment of this agreement shall be effective unless In writing signed by each of the parties hereto. 11. Applicable Law: All acts contemplated by this agreement shall be construed and enforced under the laws of the Commonwealth of Pennsylvania. 12. Agreement Binding on Partie. and Heir.: This agreement, except as otherwise expressly provided herein, shall bind the parties hereto, and their respective heirs, executors, administrators, legal representatives, assigns and successors in any Interest of the parties. 13. Agreement Not to be Merged: 1'hls agreement shall be Incorporated Into the final decree of divorce of the parties hereto for purposes of enforcement only, but otherwise shall not be merged Into said decree. The parties shall have the right to enforce this agreement under the Divorce Code of 1980, as amended, and In addition, shall retain any remedies In law or In equity under this agreement as an Independent contract. Such remedies In law or equity are specifically not waived or released. I I _."""11. s _'."'111 .:'.nd.......at nla I 4616-95.o1 14. Documlntl: The parties hereto agree that they will execute and deliver one to the other any documents necessary to give effect to the terms of this Agrllement. 15. Full end Flnel Settlement: WIFE and HUSBAND each do hereby mutually remise, release, quitclaim and forever discharge the other and the estate of such other, for all time to come, and for all purposes whatsoever, of and from any and all rights, titles, Interests or claims In or against the property (Including In coma and gain from property hereafter accruing, of the other) or against the estate of such other, of whatever nature and wheresoever situate, which she or he now has or at any time herf':;\fter may have against such other, the estate of such other or any part thereof, whether arising out of any former acts, contracts, engagements or liabilities of such other, or by way of dower or curtesy, or claims in the nature of dower or curtesy, or widows' or widowers' 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 other State, or any other Country, or any rights which either spouse may have, or at any time hereafter have, for past, present or Mure 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 before the breach of any 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 _"U'IIII 6 'Inla,. , , I I, 1;-- I '! ..J .... f..l:1 I' C-~' " u' ..n l ,~:.. ;il; ~ ..i :~. $ \ Ii " It ,,' .'\.n~r<l..,<onl m., 4Mf>.Y5001 DOROTHY B. ANDREWS, Plllntlff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 95- 3'1'1'1 CIVIL TERM CIVIL ACTION - DIVORCE IN DIVORCE VI. CHARLES W. ANDREWS, Defendant DOROTHY B. ANDREWS, Plaintiff, by her attorneys, FLOWER, MORGENTHAL, FLOWER & LINDSAY, respectfully represents: 1. The Plaintiff is Dorothy B. Andrews, who currently resides 6t 324 West South Street, Carlisle, Cumberland County, Pennsylvania, where she has resided for a period in excess of six months prior to the filing of this Complaint. 2. Tha Defendant Is Charles W. Andrews, who currently resides at 51 Heiser Lane, Carlisle, Cumberland County, Pennsylvania, where he has resided for a period In excess of six months prior to the filing of this Complaint. 3. The Plaintiff and Defendant both hava been bona fide residents in the Commonwealth of Pennsylvania for at least six months Immediately prior to tha filing of this Complaint. 4. The Plaintiff and Defendant were married on August 3D, 1969, In Brooklyn. New York. 5. That there have been no prior actions of divorce or for annulment between the parties In this or in any other Jurisdiction. 6. The Plaintiff avers that she Is entitled to a divorce on the ground that the marriage is irretrievably broken and Plaintiff is proceeding under Sections 3301 (c) and/or (d) of the Divorce Code.