HomeMy WebLinkAbout95-04581
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MOYER, is immediately entitled to two hundred sixty,five dollars ($265.00) per month from
employees Civil Service Relirement Benefits. The United Slates Office of Personnel Managemenl
is dlreeled 10 pay fonner spouse's share direclly to her at lhe address indicaled in paragraph two
(2) above or other address as fonner spouse shall designale.
7. Under ~8341(h) of Title 5, USC, fonner spouse, JANE B. MOYER, is
additionally awarded the maximum possible Former Spouse Survivor Annuity under the Civil
Service Relirement Syslem unless employee elects to provide a survivor annuily for a new
spouse acquired afler retirement. If employee elects to provide a survivor annuily for a new
spouse acquired after retiremenl, under ~8351 (h)(l) of Tille 5, USC, fonner spouse, JANE B.
MOYER is awarded a Fonner Spouse Survivor Annuily under the Civil Service Relirement
Syslem. The amount of the Fonner Spouse Survivor Annuily will be equal to a prorata share
dependant upon lenglh of the marriage.
8. This Court shall retain jurisdiction over lhis issue 10 amend this Order.
IT IS FURTHER ORDERED lhat a true copy of lhis Order be served upon Civil
Service Relirement System or the United Stales Office of Personnel Management Plan
Administralor, and thaI lhis Order shall take affecl immediately and shall remain in affect until
further Order of the Court. Entered this.2.!" day of I'1?l'1of . 1996.
BY THE COURT.
J.
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of the parties hereto, HUSBAND and WIFE, each intending to be legally bound hereby,
covenant and agree as follows:
1. ADVICE OF COUNSEL
HUSBAND and WIFE declare that they have each had a full and fair opportunity
to obtain independent legal advice of counsel of their selection. HUSBAND has been
independently represented by Barbara Sumple-Sullivan, Esquire. WIFE Is cognizant of
her right to legal representation and declares that she has been Independently
represented by S. Walter Foulkrod, III, Esquire. The parties further declare that they
are executing this agreement freely and voluntarily, having obtained such knowledge
and disclosure of their legal rights and obligations and that they acknowledge that this
agreement is fair and equitable and Is not the result of any fraud, coercion, duress,
undue Influence or collusion,
2, PERSONAL RIGHTS
HUSBAND and WIFE may and shall, at all times hereafter, live seperate and
apart. Each shall be free from all control, restraint, interference or authority, direct
or Indirect, by the other In all respects as is she or he were unmarried, except as may
be necessary to carry out the provisions of this Agreement. Each may reside at such
place or places as she or he may select. Each may, for his or her separete use or
benefit, conduct, carryon and engage In any business, occupation, profession or
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employment which to him or her may seem advisable. This provision shall not be
taken, however, to be an admission on the part of either HUSBAND and WIFE of the
lawfulness of the causes which led to, or resulted in, the continuation of their living
apart. HUSBAND and WIFE shall not molest, harass, or malign the other or the
respective families of each other, nor compel the other to cohabit or dwell in any
manner with him or her, nor In any way Interfere with the peaceful existence, separate
from each other.
3. DEBTS
Each party represents that they have not contracted any debt or liability for the
other for which the estate of the other party may be responsible or Iieble except as
otherwise provided herein, and that except only for the rights arising out of this
Agreement, neither party will hereafter incur any liability whatsoever for which the
other party or the estate of the other party will be liable, Each party agrees to
Indemnify and hold harmless from and against all future obligations of every kind
Incurred by them, Including those for necessities. To the best of the parties'
knowledge, the parties affirm no joint debts exist.
4. WAIVER OF APPRAISAL AND INVENTORY
The parties acknowledge and agree that they have each had an opportunity to
value or hava appraised any and all marital property, and they do hereby waive a
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formal appraisal and Invantory of same, and no statement or representation by either
party as to value shall be deemed a misstatement or misrepresentation to the other
or be deemed fraudulent.
6. MARITAL AND NON,MARITAL ASSETS
HUSBAND and WIFE do hereby acknowledge that they have heretofora divided
the non,marltal assets and marital assets Including but without limitation, business
Interests, jewelry, clothes, furniture, stocks, bonds, pensions and other assats
wherever situated whether real, personal or mixed, tangible or intangible, and
HUSBAND agrees that all assets In the possession of WIFE shall be the sole and
separate property of WIFE including without limitation the Increase in value of non-
marital property; and, WIFE agraes that all assets In the possasslon of HUSBAND shall
be the sole and separate property of HUSBAND. Each of the parties does hereby
specifically waiva, release, renounce and forever abandon whatever claims, If any, he
or she may have with respect to any of the above said items which are the sole and
separate property of the other.
This document shall constitute a bill of sale for said sole property.
6. REAL ESTATE
The parties pravlously owned property at 415 Blacklatch Lane, Camp Hili,
Cumberland County, Pennsylvania. Said property was sold on or about September
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30, 1994. The proceeds from the sale of said property had been placed in an escrow
with the Law Firm of Keith A. Biank and lost due to misappropriation by Attorney
Blank. The parties subsequantly flied separate complaints with the Clients' Security
Fund of the Supreme Court of Pennsylvania and were respectively awarded fifty
thousand dollars ($50,000.00), Each party agrees that the monies awarded them by
the Fund shall be retained by them as their sole and separate proceeds; Any further
restitution which may be received shall be divided equally between the parties.
7. JVI0TOR VEHICLES
HUSBAND shall have sole title and ownership of the parties' 1985 Chevrolet
Caprice. Said vehicle is not encumbered.
8, PENSION AND RETIREMENT ACCOUNTS
HUSBAND has vested Interests In pensions through the Federal Government
and Commonwealth of Pennsylvania. Portions of said pensions were acquired during
the marriage and are therefore marital and subject to equitable distribution. In
consideration of WIFE's full waiver of the Commonwealth pension, as well as any
other interests In HUSBAND's Federal pension (except WIFE's right to receive a share
of former spouse's survivor annuity and any other settlement option available under
the pension, as set forth herein), HUSBAND agrees to assign to WIFE the sum of two
hundred slxty'flve dollars ($265.00) per month until HUSBAND's death. WIFE shall
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have the right to receive HUSBAND's full survivor annuity or other death benefit
unless HUSBAND remarries. In the event HUSBAND remarries, WIFE's share of the
survivor annuity or other death benefit shall be limited to the ratio of 6.6 years to the
total years of HUSBAND's federal service. If remarriage occurs, the remainder of the
annuity or death benefit shall be payable to his current spouse at the time of his
death. This division will be made by an Apportionment Order of HUSBAND's Federal
pension. HUSBAND shall have prepared an Order to effectuate said transfer, which
proposed Order must be approved by counsel for WIFE. At the time of execution
hereof, the parties agree to and will execute the Stipulation for the Entry of an
"Apportionment Order", prOViding for divisions of the fixed amount of HUSBAND's
Federal pension. Nothing contained herein shall prejudice or defeat WIFE's claim and
entitlement to receive health Insurance benefits pursuant to 6 C.F.R. Chapter 1,
Subpart H, !iS90.S01 et. seq.
Each part shall have sole ownership of any existing IRA in his or her name.
9. BANK ACCOUNTS AND INVESTMENTS
Husband shall retain, as his sole and separate property, the values of his
accounts with IDS. HUSBAND shall specifically be granted ownership of the partlas
IDS mutual account, client number 1026 6416 S 001.
WIFE shall retain, as her sole and separate proparty, all values In accounts held
by IDS to client number 1026 6414 1 001.
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the provisions set forth In this agreement in lieu of and In full and final settlemant and
satisfaction of all claims and demands that alther may now or hereafter have against
the other for equitable distribution, alimony, alimony pendente lite, counsel fees, costs
and expenses or other provisions for thalr support and malntanance before. during and
after the commencement of any proceeding for divorce or annulment between the
parties.
14. AFTER ACQUIRED PERSONAL PROPERTY/FUTURE EARNINGS
Each of the partias shall hereafter own and enjoy Independently of any claim
or right of the other. all Items of personal property, tangible or Intangible, hareafter
acquired by HUSBAND or WIFE, 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.
15. ALIMONY. SUPPORT AND MAINTENANCE
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 and In full and final
satisfaction of any claims or demands that either may now or hereafter have against
the other for support, maintenance or alimony. HUSBAND and WIFE further
voluntarily and intelligently, waive and relinquish any right to seek from the other any
payment for spousal support, alimony and maintenance.
S
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16. SUBSEQUENT DIVORce
A decree In divorce, entered by a court of competent jurisdiction to either party,
shall not suspend, supersede or affect the terms of this Agreement. Both parties
agree to enter a Consent Decree concerning the provisions of this Agreement In the
Court of Common Pleas of Cumberland County, Pennsylvania, or any other Court of
competent Jurisdiction, as a part of a resolution of any divorce action filed. This
Agreement, and the terms and conditions contained herein, as well as the
enforcement of said terms and conditions, shall not be contingent upon the granting
of a Divorce Decree to either party by the Court of Common Pleas of Cumberland
County, Pennsylvania, or any other Court of competent Jurisdiction. Furthermore,
both parties hereto agree to timely execute the appropriate affidavits and consents to
secure a No,Fault Divorce as may be required by the Divorce Code of 1980, as
amended. Both parties hereto agree that this Agreement may be Incorporated Into a
separate Court Order but shall not merge in such order In the Court of Common Pleas
of Cumberland County, Pennsylvania.
17. 9THER DOCUMENTATION
HUSBAND and WIFE covenant and agree that upon request of the other party,
they will forthwith execute and deliver to the other party, any and all written
Instruments, assignments, releases, satisfactions, deeds, notes or such other writings
as may be necessary or desirable for the proper effectuation of this Agreement.
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18. MUTUAL WAIVER AND RELEASE OF RIGHTS AND CLAIMS IN ESTATE
Each party hereby releases, waives and relinqulshas any and all rights which he
or she may now have, or may hereafter have, against the other party under the
present or future laws of any jurisdiction (a) to share In the estate of the other party
upon the other party's death and (b) to act as executor/rlx or admlnlstrator/rix of the
other party's estate.
19. MUTUAL RELEASE
HUSBAND and WIFE 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, title and Interests, or claims
In or against the property (Including Income and gain from property hereafter accruing)
of the other or against the estate of such other, of whatever nature and wheresoever
situate, which sho 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, engagements or liabilities of such other or by way of equitable
distribution, dower or courtesy, or claims in the nature of dower or courtesy of
widow's or widower'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
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of (a) Pennsylvania, (b) any Stote, commonwealth or territory of the United States,
or (c) any other country, or and rights which HUSBAND or WIFE may have or at any
time hereafter have for the past, present or future support or maintenance, alimony,
alimony pendante lite, counsel fees, costs or ellpenses, whether arising as a result of
the marital relation or otherwise, except, ond only except, all rights and Agreements
and obligations of whotsoever noture orlslng or which moy arise under this Agreement
or for the breach of any thereof.
Each of the partlos hereto further covononts and agrees for himself and herself
and his or hor heirs, executors, odmlnletrotors ond assigns, that he or she will never,
at any time hereof tor , eue tho othor porty or his or her heirs, executors, administrators
and aselgns, for tho purpose of enforcing any of the rights relinquished under this
paragraph, Eoch of the portles further covenants and agrees that he or she will permit
any will of the other to bo proboted ond allow administration upon his or her personal,
reol or mixed ostoto ond ollow effects to be taken out by the person or persons who
would hovo boon entitled to do so hod HUSBAND or WIFE died during the lifetime of
tho othor, Eoch of tho portles hereby releases, relinquishes and waives any and all
right to not os oxeoutor or exocutrlx or administrator or administratrix of the other's
estoto,
It ie the Intontlon of HUSBAND ond WIFE to give to each other by the execution
of thle Property Sottlement Agreement a full, complete and general release with
respeot to nny ond 011 property of ony kind or nature, real, personal or mixed, which
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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 thereof.
20. SUCCESSOR'S RIGHTS AND LIABILITIES
This Agreement shall, except as otherwise provldad herein, be binding upon and
inure to the benefit of the parties hereto, their respective heirs, executors,
administrators, successors or assigns.
21, SEVERABILITY
If any provision In this Agreement Is held by a court of competent Jurisdiction
to be invalid, void, or unenforceable, the remaining provisions shall nevertheless
continue In full force and effect without being Impaired or Invalidated In any way.
22. ENTIRE AGREEMENT
HUSBAND and WIFE do hereby covenant and warrant that this Agreement
contains all of the representations, promises and Agreements made by either of them
to the other for the purposes set forth In the preamble hereinabove; that there are no
claims, promises or representations not harein contained, either oral or written, which
shall or may be charged or enforced or enforceable unless reduced to writing and
signed by both of the parties hereto.
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IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
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Donal,! R. Mover .
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plaintiff .
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. File No. 95-4581
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vs. . IN DIVORCE
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Jane B. Mover .
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Defendant :
NOTICE TO RESUME PRIOR SURNAME
Notice is hereby given that the R~<<XRXxxxtDefendant in the
BUXTON
pursuant
to
Divcrce on the
to resume the
, and gives
the prcv1s1cns of 54 P.S. S 704.
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Final Decree in
, hereby elects
above matter, having
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ID~1:E::~; ~te ~I ,r;96
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been
granted a
, 19 96
Signature cf name being resumed
COMMONWEALTH OF PENNSYLVANIA:
: S5.
COUNTY OF CUMBERLAND
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On the , t;J.o day of -::rv,,~ . 19 9i . befcre me, a
Notary Public, personally appeared the above affiant known to me to
be the perscn whose name is subscribed to the within document and
acknowledged that he/she executed the foregoing for the purpose
therein contained.
In Witness Whereof, I have hereunto set my hand and official
seal.
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