HomeMy WebLinkAbout95-04565
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Versus
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DECREE IN
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decreed that .......~~~.. .~~.c;~........................I.'
plaintiff,
and ..... .~. t-t,. ~~. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . r defendant,
are divorced from the bonds of matrimony.
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; None .
~t~~' ~~lFUI:I:~~' P!lP~!;tP. .t/1fl,t. ,t,~ .t.e.I)l!f\,. ,c;q~~~~ql]fj.'!l1'! ,c;ql{lll)qt)~li .liq~ .f9J;'~h
..... ,.. wr en i:lUparatoLVn and Property Settlerrent made and entered into by
the. parties. on. June, 19." 1996." are .incOI:pocated ,into ,this ,000cL'ea ,by ,mfereflc:e
thereto, but not rrerged into this Decree.
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NOW, THEREFORE. in consideration or the above recitals and the following covenants
and promises mutually made and mutually to be kept the parties heretorore, intending to be legally
bound and to legally bind their heirs, successors, and assigns thereby. covenant, promise. and
agree as follows:
1. SEPARATION: It shall be lawful for each party at all times hereafter to live
separate and apart from each other at such place or places as he or she may from time to time
choose or deem fiL
2. INTERFERENCE: Each party shall be free from interference, authority and
contact by the other, as fully as if he or she were single and unmarried, except as may be
necessary to cany out the provisions of this Agreement. Neither party shall molest the other nor
attempt to endeavor to molest the other. nor compel the other to cohabit with the other. nor in any
way harass or malign the other, nor in any way interfere with the peaceable existence. separate and
apart from the other in all respects as if he or she were single and unmarried.
3. WIFE'S DEBTS: Wife represents and warrants to Husband that since their
separation on August 2, 1995, she has nol. and in the future she shall not, contracl or incur any
debt or liability for which Husband or his Estate might be responsible and shall indemnify and
save Husband harmless from any and all claims and demands made against him by reason of debts
or obligations incurred by her.
4. HUSBAND'S DEBTS: Husband represents and warrants to Wife that since their
separation on August 2,1995, he has nol, and in the future he will nol. contract or incur any debt
or liability for which Wife or her Estate might be responsible and shall indemniry and safe Wife
hann1ess from any and all claims and demands made against her by reason or debts or obligations
incurred by him.
5. OUTSTANDING JOINT DEBTS: Husband and Wife acknowledge and agree that
they have no outstanding debts and obligations or the Husband and Wife including prior to the
signing of this Agreement. except as follows:
ltmn
Person Assuming
Resoonsibility
15 Wheatland Drive. Silver Spring Township
Real Estate Taxes ror 1995/1996 to Date
Wire
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.
Each party agrees to pay the outstanding joint debts set fOM herein and further agrees to
indemnify and save hannless the other from any and all claims and demands made against either
of them by reason of such debts or obligations,
6. MUTUAL RELEASE: Subject 10 the provisions of this Agreement. each party
waives his or her rights to alimony and any further distribution of property inasmuch as the parties
hereto agree that this Agreement provides for an equitable distribution of their marital property in
accordance with the Divorce Code of 1980. Subject to the provisions of this Agreement, each
party has released and discharged. and by this Agreement does for himself or herself. and his or
her heirs, legal representatives, executors, administrators. and assigns. release and discharge the
other of and from all causes of action. claims. rights or demands whatsoever in law or equity
which either of the parties ever had or now have against the other, except any or all cause or
causes of action for divorce and except in any or all causes of action for divorce and except in any
or all causes of action for breach of any provision of this Agreement. Each party also waives his
or her right to request marital counseling pursuant to 23 Pa. C.S.A. Section 3302.
7. EQUITABLE DISTRIBUTION OF MARITAL PROPERTY: The parties have
a1tempted to distribute their marital property in a manner which conforms to the criteria set fOM in
23 Po. C.S.A. 93501. m.~. and taking in10 account the following considerations: the length of
marriage; the fact that it is the second marriage for Wife and rust marriage for Husband: the age.
health. station. amount and sources of income. vocational skills. employability, estate. liabilities
and needs of each of the parties: the contribution of each pany to the education. training for
increased earnings power of the other party; the opportunity of each party for future acquisitions
of capital assets and income: the sources of income of both parties, including bu1 not limited to
medical. retirement. insurance or other benefits; the contribution or dissipation of each party in the
acquisition. preservation. depreciation or appreciation of the marital property. including the
contribution of each spouse as a homemaker; the value of the property set apart to each party: !he
standard of living that the parties established in the marriage: and the economic circumstances of
each party at the lime !he division of property is to become effective.
The division of existing marital property is not intended by the parties to
constitu1e in any way a sale or exchange of assets. and the division is being effected without the
introduction of outside funds or other property not cons1ituting marital property. The division of
property under this Agreement shall be in full satisfaction of all marital rights of the parties.
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A. DISTRffiUTION OF PERSONAl. PROPERTY: The parties hereto mutually
agree lhatlhey have affected a satisfactory division of lhe furniture. household furnishings.
appliances and olher household personal property be1ween lhem and they mutually agree that each
party shall from and after the date hereof be the sole and separate owner of all such tangible
personal property presently in his or her possession, and this Agwement shall have effect of an
assignment or bill of sale from each party to lhe other for such property as may be in the
individual possession of each of the parties hereto.
The parties hereto have divided between themselves to lheir mutual satisfaction.
all items of tangible and intangible marital property. Further. Husband agrees to waive any right,
title and inlcrest he may have regarding intangible assets currently titled in Wife's name. but
acquired during the marriage. Those assets are FNBN Financial Corp.; Van Kampen Merrit Fund;
Putnam Investments; Corefund: Lord. Abbett & Co.: Phoenix funds: and the Independent Fmancial
Group. Neither. party shall make any claims to any such items of marital property, or of the
separate personal property of each other, which is now in the possession and/or under the control
of lhe other. Should it become necessary. the parties each agree to sign, upon request. any titles or
docurnents necessary to give effect to Ibis paragraph. Property shall be deemed in the possession
or under lhe control of either party if, in the case of tangible personal property, the item is
physically in the possession or control of the party at the time of lhe signing of Ibis Agreement
and. in the case of intangible personal property, if any physical or written evidence of ownership.
such as passbook. checkbook. policy or certificate of insurance or other similar writing is in the
possession or control of the party. Husband and Wife shall each be deemed to be in the
possession and control of his or her own individual pension or other employee benefits, plans or
retiremen1 benefits in any nature with the exception of Social Security Benefits to which either
party may have a vested or contingent right or interest at the time of the signing of this Agreement,
and neither will make any claim against the other for any interest in such benefits.
From and after the date of the signing of this Agreement. bolh parties shall have the
complete freedom of disposition as to hisiher separate property and any property which is in lheir
possession or control pursuant to this Agreement and may mortgage, sell, grant. convey, or
otherwise encumber or dispose of such property. whether real or personal. whether such property
was acquired before. during or after marriage and neither Husband nor Wife need join in. consent
to, or acknowledge any deed, mortgage or other inslniment of the other pertaining to such
disposition of property.
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B. PJSTRIBJIJlQN.oEREALJ~S~TA'rn: Husband agrees to transfer to Wife all
of his interest and tille to their jointly owned real estale at IS Whealland Drive, Mechanicsburg.
Cumberland County, Pennsylvania. Wife covenants and agrees to pay all real estate taxes for
1995 and the:eafter, along with any c1ean.up costs associa1ed with the property and ownership of
same. Wife also agrees 10 accept Forty-one Thousand Four Hundred Thirty-three and 36/100
Dollars ($41.433.36) as payment in full of her share and interest regarding insurance claim
benefits issued to Husband under his American Bankers Insurance Co. of Florida Policy No,
CPll041096400; Claim No. 001000000704 regarding 15 Whealland Drive. Mechanicsburg.
Pennsylvania. Said payment in full has been made heretofore to Wife. and there is no further
payments due or owing Wife. Further, Husband also agrees 10 transfer to Wife all of his interest,
claim and tille to the real estate tilled in Wife's name located at Locust Valley. Bamesville,
Schuylkill County, Pennsylvania, and Wife covenants and agrees to pay all real estate taxes for
1995 and thereafter associated with the property and ownership of same. Further, Wife also agrees
to waive all of her interest. claim and/or title to the real estate titled in Husband's name located at
10 Houston Drive, Mechanicsburg. Pennsylvania, and Husband covenants and agrees to pay all
real estate taxes for 1996 and thereafter associated with the property and ownership of same.
Finally. Husband waives any and all right, tille or interest he may have in pending or future
litigation as it relates to the fire loss of the residence known as 15 Whealland Drive,
Mechanicsburg. Pennsylvania which occurred on November 30, 1995.
C. TAX LIABILITY: The parties believe and agree that the division of property
heretofore made by this Agreement is a non-taxable division of property be1ween co-owners rather
than a taxable sale or exchange of such property. Each party promises n01 to take any position
with respect to the adjusted basis of the property assigned to him or her or with respect to any
other issues which is inconsis1ent with the positions se1 forth in the preceding sentences on his or
her Federal or State Income Tax Return.
8. MOTOR VEHICLES: With respect to the motor vehicles owned by the parties,
they agree as follows: Husband to receive the 1991 Chevrolet Van and 1991 Chevrolet Metro.
These said vehicles shall be the exclusive property of the Husband. With respec1 to the motor
vehicles leased by the Wife. the parties agree the Subaru SVX shall be the exclusive property of
the Wife.
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9. PENSION AND IlETIREMEI'ITJlErillfl.l'S: The parties recognize that Wife has a
pension and retirement plan through Teachers Insurance and Annuity Association. Husband
agrees to waive all right. title and interest to these assets.
10. HMLTH INSURANCE: After the date of entry of the Decree in Divorce. the
parties shall be responsible for obtaining their own individual health insurance coverage. Husband
agrees to pay Wife's COBRA premiums for twelve (12) months from the date of divorce provided
Wife cannot be covered by another source of health insurance coverage. Husband shall not be
responsible for any uninsured medical expenses and Husband's payment of COBRA premiums on
Wife's behalf shall be considered alimony by Husband and Wife.
11. t\L1MONY /SUPPORT: Both parties acknowledge and agree that the provisions of
this Agreement providing for equitable distribution of marital property are fair. adequate and
satisfactory to them and are accepted by them in lieu of a full and final selllement and satisfaction
of any claims or demands that either may now or hereinafter have against the other for support.
maintenance. or alimony except as provided in paragraph 10 herein. Husband and Wife further,
voluntarily and intelligently. waive and relinquish any righ1to seek from the other any paymen1
for support or alimony except as provided in paragraph 10 herein.
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12. AI,JMONY PENDENTE LITE. COUNSEL FEES. AND EXPENSES: Husband
and Wife acknowledge and agree thai the provisions of this Agreement providing for the equitable
distribution of marital property of the parties are fair. adequate and satisfactory to them. Both
panies agree to accept the provisions set forth in this Agreement in lieu of and in full and final
settlement and satisfaction of all claims and demands thai either may now or hereafter have agains1
the other for alimony pendente lite, counsel fees or expenses or any other provision for their
support and maintenance before. during, and after the commencement of these proceedings for
divorce or annulment between the panies.
13. CHILD SUPPORT: Husband is the primary physical cus10dial parent pWliuantto
an Order of Court, dated January 3. 1996, and allached as Exhibit "A". HusbandlFather agrees to
waive a claim of child support from Wife for the period January 3, 1996 through June 3, 1997 at
which time child support. if sought. shall be delf'l1l1ined in accordance with appropriate support
guidelines. It is further agreed that Husband and Wife will share equally in their children's college
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education and/or vocational education until !he child(ren) graduate from college or reach !he age
of twentY-l\Uo (22). whichever occurs last. Further. for tax year beginning 1996. Wife may claim
Alanna Cremo, Adrianna Cremo. and Stephen Cremo and Fa1her shall claim Zachary Cremo.
Grcggory Cremo and Alexander Cremo for Income Tax considerations for tax year beginning
1996.
14. C/lIW.J:!1S1illL'\:'; As directed by Order of Court, dated January 3. 1996 and
allached hereto as Exhibit "A".
15. M!ITlID-.CR~..MQkS01iS.JI'lc.: Wife hereby forever waives any claim and
interest she may have to Husband's interes1 and/or ownership rights in Metro Cremo & Sons, Inc.
16. CREMO & ASSOCIATES: Husband forever waives any claim and interes1 he
may have to Wife's interest and/or ownership rights of Cremo & Associates.
17. INCOME TAX PRIOR RETURNS: The parties have hereunto filed certain joint
Income Tax Returns through and including Tax Year 1994. Wife represents and warrants to !he
Husband !hat she has heretofore duly paid all Income Taxes due on such returns: and she does not
owe any interest or penalties with respect !hereto; and !hat no tax deficiency is pending or
threatened agains1 him; and !hat no audit is pending wi!h respect to any such retum. If !here is any
deficiency assessment on any of !he aforesaid returns, !he Wife shall give Husband immediate
n01icc !hereof. in writing. The Wife further warrants !hat she shall pay !he amount ultima1ely
detennined to be due, toge!her wi!h interest and penalties, if any. as well as all expenses !hat may
be incurred if he decides to contest !he asscssment.
18. WAIVERS OF CLAIMS AGAINST EST A T]S: Except as herein o!herwise
provided, each party may dispose of his or her property in any way. and each party hereby waives
and relinquishes any and all rights he or she may now have or !hereafter acquire, under !he present
or future laws of any jurisdiction. to share in !he property of !he estate of the o!her as a result of !he
marital relationship, including wi!houtlimitation. dower, curtsey. statutory allowance, widow's
allowance, right to take intestacy, right to take agains1!he will of !he o!her. and right to act as
Administrator or Executor of !he o!her's estate. Each will. at !he request of !he o!her. execute.
acknowledge. and deliver any and all instruments which may be nL'Ccssary or advisable to carry
into effect !his mutual waiver and relinquishment of all such interest, rights, and claims.
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19. MUTUAL CONSENT DIVORCE: The parties agree and acknowledge that their
marriage is irretrievably broken. that they do nol desire marital counseling. and that they both
consent to the entry of a Decree in Divorce pursuant to 23 Pa. C.S.A. ~3301(c). Accordingly. both
parties agree to forthwith execute such consents. affidavits, or other documents and to direct their
respective attorneys to forthwith file consents, affidavits. or other documents as may be necessary
to promptly proceed to ob1ain a divorce pursuant to said Section 23 Pa. C,S.A. ~3301 (c). Upon
request to the extent pennitted by law and the applicable Rules of Civil Procedure, the named
Defendant in such divorce action shall execute any waivers of notice or other waivers necessary to
expedite such divorce.
It is the intention of the parties that the Agreement shall survive any action for
divorce which may be instituted or prosecuted by either party and no Order, Judgment or Decree
In Divorce. temporary. fmal or pennanent shall affect or modify the financiallem1S of this
Agrecment, This Agreement shall be incorporated but shall no1 be merged with said Judgment or
Decree of fmal Divorce. but shall be incorpora1ed for the purpose of enforcement only.
20. BREACH AND ENFORCEMENT: If either party breaches any provision of this
Agreement, the other party shall have the right. at his or her election. to sue for damages for such
breach, or seek such other remedies or relief as may be available to him or her. and the party
breaching this Agreement shall be responsible for payment of attorney fees, legal fees and costs
incurred by the other in enforcing his or her rights under this Agreement.
21. ADDITIONAL INSTRUMENTS: Each of the parties shall from time to time. at
the reques1 of the other, execute, acknowledge and deliver to the other party any and all further
instruments that may be reasonably required to give full force and eCfectto the provisions of this
Agreement.
22. TAX ADVICE: Both parties hereto hereby acknowledge and agree that they have
had the OPPOrtuni1y to re1ain their own accountants. certified public accoun1ants. tax advisor. or
tax attorney with reference to tax implications of this Agreement. Further neither party has been
given any tax advice whatsoever by their respective attorneys. Further. both parties hereby
acknowledge that they have been advised, by their respective attorneys. if any. to seek their own
independent tax advice by retaining an accounlant. certified public accountant. tax attomey. or tax
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advisor with reference to the laX implications involved in this Agreement. Funher, the parties
acknowledge and agree that their signatures to this Agreement serve as their acknowledgment that
they have read this particular paragraph and have had the opportunity to seek independent tax
advice.
23. VOLUNTARY EXECUTION: The provisions of this Agreement and their legal
effect have been fully explained to the parties by their respective counsel. and each party
acknowledges that the Agreement is fair and equitable, that it is being entered into voluntarily.
with the full knowledge of the assets of both parties, and that it is not the result of any duress or
undue influence. The parties acknowledge that they have been furnished with all infonnation
related to the fmancial affairs of the other which has been requested by each of them or by their
respective counsel.
24. ENTIRE AGREEMENT: This Agreement contains the entire undennanding of the
parties. There are no representations, warranties, covenants, or undertakings other than those
expressly set forth herein. 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 lengt.'t of their marriage and other relevant factors
which have been taken into consideration by the parties. Bo!h parties hereby accept the provisions
of this Agreement with respect to the division of property in lieu of and in full and fmal settlement
and satisfaction of all claims and demands that they may now have or hereafter have against the
other for equitable distribution of their property by any Court of competent jurisdiction pursuant 10
23 Pa. C.S.A. 53501, m. acll. or any other laws. Husband and Wife each voluntarily and
intelligently waiver or relinquish any right to seek a court ordered tenninatlon and distribution of
marital property but nothing herein contained shall constitute a waiver of either party of any rights
to seek the relief of any Court for the purpose of enforcing the provisions of this AgreemenL
25. DISCLOSURE: Husband and Wife each represent and warran1to the other that he
or she has made full and complete disclosure to the other of all assets of any nature whatsoever in
which such party has an interest. the sources and amount of income of such party or every type
whatsoever and of all other facts relating to the subject matter of !his Agreement.
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26. MODIFICA liON AND WAIVER: Modification and waiver of any other
provisions of this Agreement shall be effective only if made in writing and executed with the same
Cormality of this Agreement. The failure of either party to insist upon strict performance of any of
the provisions of this Agreement shall not be construed as a waiver of any subsequent default of
the same or similar nature.
27. PRIOR AGREEMENT: It is understood and agreed that any and all property
se1t1ement agreements which may have been executed prior to the date and time of this Agreement
are null and void and of no effect.
28. DEA lH PRIOR TO DIVORCE: If either WiCe or Husband dies before the entry of
a fmal decree in divorce between the parties then this Agreement shall be considered null and void
and as though it had never been entered into, and the parties restored to the status that they had
before this Agreement was entered in10.
29. DEFAULT OR DELAY IN PA YMENlS OR OBUOA TION PERFORMANCE
UNDER AGREEMENT: In the event that either party defaults with respect to any payments to be
made hereunder, or any obligation to be performed hereunder, and in addition to any and all other
remedies provided in any other documents or agreements. and said default is not remedied within
ten (10) days after sending of a written notice by certified mail to the deCaulting party specifying
said deCault, the defaulting party hereby agrees to indenmiCy the party injured, or to reimbWlie him
or her Cor any and all altOmey's fees and disbursements resulting from or made necessary by the
bringing oC any suit or other proceeding. whether by complaint or counterclaim to enforce any
obligation or to collect such payment. provided such suit or other proceeding results in a
judgment, decree or order in Cavor oC the suing party. In the event such suit or other proceeding
results in a judgment, decree or order against the suing party. the suing party shall reimbWlie the
other party Cor any and all expenses, costs and attorney's fees resulting Crom or made necessary by
virtue of the bringing of such suit or proceeding.
If such default is remedied after the commencement of this suit. or other proceeding
referred to in the above paragraph. the indemnity and reimbursement obligation shall be operative
with the same force and effect as iC judgment. decree or order had been made in Cavor of the party
bringing such suit or other proceeding.
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IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTV, PA
NO. 95- '-/'5GS' ~ 11'9ili
STEPHEN P. CREMO,
Plaintiff
ANNETTE M. CREMO,
Defendant
DIVORCE/CUSTODV
ORDI'R
AND NOW, this g/srday of ~Jwj-, 1995, upon
oonsideration of the attached Complaint, it is hereby
directed that the parties and their respective counsel
appe4.l: befor.e J)...""" 5.'5V1.I\,I':'1t:"s:., the ConciliaJ:or.J,_at
-6 n' S Mc-d';', i ( ~~l.V' at --L.' 6V -<~-j.. ,q, (CWS-
o'clook for a Prehearing Custody onference. At su~
a conference, an effort will be made to resolve the issues
in dispute; or if this cannot be accomplished, to define and
narrow the issues to be heard by the Court, and to enter
into a temporary order. All children age five or older may
also be present at the conference. Failure to appear at the
conference may provide groundS for entry of a temporary or
permanent order.
FOR 'l'HE COURT,
By:j)~~ .)-J.~t~
Custody Conciliator ~!
The Court of Common Pleas of Cumberland County is required
by law to comply with the Americans with Disabilities Act of
1990. For information about accessible facilities and
reasonable accommodations available to disabled indivlduals'
having business before the court, please contaot our offioe.
All arrangements must be made at least 72 hours prior to
any hearing or business before the court. Vou must attend
the scheduled conference or hearing.
.,
VOU SHOULD TAKE THIS PAPER TO VOUR LAWVER AT ONCE. IF VOU
DO NOT HAVE A LAWVER OR CANNOT AFFORD ONE. GO TO OR
TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE VOU
CAN GET LEGAL HELP.
OFFICE OF THE COURT ADMINISTRATOR
COURTHOUSE, 4TH FLOOR
CARLISLE, PA 17013
(717) 21,0-6200
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d. Father shall have opportunity to visit with
his children on a dailY basis provided advance
notice is communicated to the Mother.
e. At any other time which the parties may
mutually aflree.
I,. Neither party shall abuse alcohol. use drugs, 01'
smoke cigarettes in the same vehicle 01' household
when they have custody of the children.
5. Both parents shall refrain from making dercgatory
comments about the other party in the prsence of
the ohildren.
6. The parties shall establish a no-conflict ~one in
order to better negotiate issues regarding their
minor children.
J.
Lisa Marie Coyne. Esquire
For Plaintiff (Father)
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TRUE COpy FROM RECm'lO
In T05tlill(HiY wh:;lI:nl, Ilmil) linIn :"ll my hand
and tho ~t'..ll 01 ~~IJ (;(IIHI .:1 C,'II!r.IIJ. Pa.
Tlrlr. I" ~ _day 01..&( t.>t..~ . 19 If \'
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Prothonotary
Annette M. Cremo, Pro Se
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