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HomeMy WebLinkAbout95-04027 11\1111.,'.1 III.' 4mV5,1I1 PI.'ntl" IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION. DIVORCE LAURA P. LANO, VI. Defend.nt NO, 95. IN DIVORCE CIVIL TERM , . T.HOMAS S. LANO, I r 'I , '1 THIS Agreement made this ,} Ii' day 01 -#7'~ ~ , 1995 by and between LAURA P. LANG, of 346 McCulloch Road, Shlppensburg, Cumberland County, Pennsylvania, hereinafter referred to as WIFE, and THOMAS S. LANG, of 348 McCulloch Road, Shlppensburg, Cumberland County, Pennsylvania, hereinafter relerred to as HUSBAND, ~SETH: WHEREAS, tha parties hereto are husband and wlle, having been joined In marriage on October 13, 1989, In Klngsport, Tannessee; and WHEREAS, a Complaint for Divorce has been lIIed In the Court of Common Pleas of Cumberland County, Pennsylvania, to No, 95- J..!(,;,r} , Civil Term; and WHEREAS, the parties hereto ore desirous of settling fully and finally their respective financial and property rights and obligations as between each other, Including, without limitation, the settling of all matters between them relating to the ownership of real and personal property I and In general, the settling of any and all claims and possible claims against the other or against their respective estates, _'"'11". 1~III~h ..\1.11"," ",., l171j,11I-llJ NOW, THEREFORE, In conllllderallon I)f these considerations, and the mutual promises and undertakings hereinafter set forth, and for other good end valuable conslderetlon, receipt and ~uHlolBncy of which Is hereby acknowledged by each of tha parties hereto, ttUSBAND and WIFE, each Intending to be legally bound I hereby covenant end agree as follows: 1, Advice 01 Counsel: The parties hereto acknowledge tl1ateach has been notified of his or her right to consult with counsel of his or her choice, end have been provided a copy of this agreement with which to consult with counsel, WIFE Is represented by Carol J, LJndsay, Esquire, and HUSBAND has been advised that he may be represented by counsel 01 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 I after having ,'ecelved 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, Ninety (90) days after the filing of the Complaint, the parties will execute Affidavits of Consent under Section 3301 (c) 01 the Divorce Coda consenting to the entry of a Decree In Divorce. 3. Personal Property: The parties acknowledge that they have equitably and satisfactorily divided all of their personal property, and that all personal property shall be the sole and Individual property of the party In whose possE'sslon It Is as of the date of this agreement. WIFE will retain the 1986 Plymouth Voyager, and HUSBAND will execute any and _"'I".I~ l 1~1l1.1, 0:\1.....1 fll., ~7711.V5,j)1 all dooumenls 10 transfer all his right. IllIe end Interest In sold property to WIFE, WIFE shall Indemnity and hold HUSBAND harmless against any claim on account of said vehlole, HUSBAND will retain the 1984 Dodge Caravan I and WIFE will e><ecute any and all documents to transfer all her right, tllle and Interest In said property to liUSBAND, HUSBAND shall indemnify and hold WIFE harmless against any claim on account of said vehicle, 4, Real Property: The parties have Interests in property acquired prior to the marriage, HUSBAND owns stock in a corporation which manages two properties In San Antonio, Texas, and WIFE has an Interest In the home at 348 McCulloch Road, Shlppensburg, Cumberland County, Pennsylvania, Each party relinquishes to the other any Interest which he or she may have In \he pre "marital assets of the other, 5, Alimony: The parties waive any claim that they may have one against the other for alimony or spousal support. The parties acknowledge that each has sufficient assets with which to maintain themselves after divorce, 6, Marital Dabt: The parties have, In their own names, certain credit card accounts which may Include some marital debt. Each party will be responsible for the debt on the credit card accounts in his or her name, Each party will Incur no debt fol' which the other may be liable, and will Indemnify and hold the other harmless for any debt so Incurred, 7, Retirement Benefits: Each party hereto weives any Interest he or she might have in the employment or retirement benefits of the other, Including but not limited to, pension, profit sharing, 401 K Plans, and retirements funds. _'""'tl, 3 _'_Illtl. .'\1.",.., III. _ HlIj.'II,ijl 8, Attorn.YI' F... Ind COltl~ HUSBAND will pay one.half of the filing fee and one- half of WIFE's altorney's lees, Sold payment will be made wllhln thirty (30) days of the entry of a Decree In Divorce. 9. Modlfloatlon: No modlllcatlon, rescission, or amendment of this agreement shall be eHectlve unless In writing signed by each of Ihe parties hereto, 10. Applicable Law: All acts contemplated by this agreement shall be construed and enforced under the laws of the Commonwealth of Pennsylvania, 11, Agreement Binding on Partlee end Heir.: This agreement, except as otherwise expressly provided herein, shall bind the parties hereto, and their respective heirs, executors, administrators, legal reprosentatlves, a5slgns and successors In any Interest of the parties. 12, Agreement Not to be Merged: This agreement shall be Incorporated Into the final decree of divorce of the partlel) hereto for purposas 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 addltlon, 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. 13, Documents: The parties hereto agree that they will execute and deliver one to the other any documents necessary to give eHect to the terms of this Agreement. 14. Full end Final 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 111111" 4 11l1"th "\I.n...., 1111' 4711H\.11I come, and for all purposlls whatsoever, of end 'rom eny and all rights, titles, Intereslll or claims In or against the property (Including Income and gain 'rom property hereafter accruing, of the other) or against the estate of such other, of whatever nature and wheresoever lJltuato, which she or he now has or at any time hereafter may have against such other, the estate of such other or any part thereof, whether arising out of any former acts, contracts, engagaments or liabilities of such other, or by way of dower or curtosy, or claims In the nature of dower or curtesy, or widows' or widowers' rights, family exemption or 61mlll';\r 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 Pennsylvanla, 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 future support or maintenance, alimony, alimony pendente I/Ie, 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 Intantlon 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 _1~111.1. \ _"11'1111 LAURA p, LANG, Pllllnll" IN THE COURT Of COMMON PLEAS Of CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION, DIVORCE NO, 9li. 4027 CIVIL TERM III, THOMAS S, LANG, OQlul1dllnt IN DIVORCE PRAECIPE TO TRANSMIT RECORD To the Prothonotary: Transmit the record, together with the following Inlorlllfltion, to the court for entry of a dlllorce decree: 1, Ground lor divorce: Irretrievable breal<down under Section (3301 (c)) (3301(d)(1)) of the . '. Divorce Code, (Slrlke outlnappllollble seotlon), 2, DBte Bnd mBnner 01 service 01 the complaint: .._PQIf;!.lJQilll!,-tbQmas s, LangJJ,go.!W ~/2lM~e of S!lr.YJ~~'-.QrLJ!JjY..2.e,J.f)O.9H n ......___mH..H __._.___. 3, (CompletB either paragraph (a) or (b)). (B) Dato of execution of the affidavit 01 consent required by Section 3301 (c) of the Divorce Code: by the Plaintiff __Q~!g);J1!L;21,J.f)OjL__..__.__.___; by the Defendant ...Q~t.9l;1.eL21,J,OOL.______ (b) (1) Date of execution of the Plalnliff's affi(javlt required by Section 3301 (d) of the Divorce Code: .......H....... ,J)!!!_____.. ...__..___.. _; (2) Date of service of the Plalntitl's affidaVit upon the Delendant: 4, Related clBlms pending: _,.___.__..J]Q.IJ!1____.._____nm_. 5, IndlcBte dBte and manner 01 service of the notice of Intention to file praecipe to transmit record, and attach a copy of said notice under section 3301 (d)(l)(l) of the Divorce Code, nla (/ " 1/ d, I " , II' " " ", " , ~ ,,'i, f,H!II' ," ,.' " '.\1 ,I,' ,. II'. ' I" . /','\0',1,' " .....,1, <'1'1'1 I ~ 1'1 " I,l II " '1, , 1'1, r,' ii"~ I ,I , !I , , .1 'i" i,_ <I "1. '1 , " . , ,I. .h (.'J ',1\, .{l::: '''J'.,'.\ ,,' " ~ '." L\ 'i , ' JII :11, " ' " ',',1',1:' ,I.!' , t ,I , J"'l 'I r'1II~11 \ IT f .. , . ,f ,r I ;' ~ ~\ .. \ I ~ , 11" lit, . , ., I , , " , 1". , ! " ,. , ., i' , 'I,! I i ,:1 1/ 1\, ' .' , , I ,I 'I" , " ", I .'II.lIIWIII III" H1K.I).111I LAURA P. LANG, Plllntll1 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSVLVANIA CIVIL ACTION. DIVORCE VI. THOMAS S. LANG, Derendant : NO, 95. Ii L ' , )"1 IN DIVORCE CIVIL TERM C.oMPJ.AINIJf-tDlYJlB.ce LAURA p, LANG I Plalntlff, by her attorneys, FLOWEi'l, MORGENTHAL, FLOWER & LINDSAY, P,C" respectfully represents: 1. The Plaintiff Is Laura p, Lang I who currently resides at 348 McCulloch Road, ShlppensbLJrg, Cumberland County, Pennsylvenla, where she has resided since May, 1992, 2, TI1e Defendant Is Thomas 5, Leng, who currently resides et 348 McCulloch Road, Shlppensburg, Cumberland County, Pennsylvanla, where he has resldsd since May, 1992, 3, The Plaintiff and Defendant both have been bona fide residents In the Commonwealth of Pennsylvania for at least six months Immediately prior to Ule filing of this Complaint. 4, The Plaintiff and Defendant were married on October 13, 1989, at Klngsport, Tennessee. 5. That there have been no prior actions of divorce or for annulment between the parties In this or In any other lurl'ldlctlon, 6. The Plaintiff avers that she Is entllled to a divorce on the ground that the marriage Is Irretrievably broken and Plaintiff Is proceeding under Sections 3301 (0) and/or (d) of the Divorce Code, c. ,., " "1) .., ,....,., ... 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