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HomeMy WebLinkAbout95-04582 .. -'-'--'-~~'~~'-'~'-~~~~--~*')':~"~~:_.~-~-~-~~~ ", - ---.... ....-- .' ~ ~ ?- ~ ~ . ~ IN THE COURT OF COMMON PLEAS : ,,~ ~ DEe R EEl N 7t..." 1,. 6\JA ~ o ~9V 0 R c.r~ oX.~' ;Ur-"I 1 AND NOW, ..~........,....,... 19...,... It Is ordered and ;:: ~ ~~ .', ~ ~ ~.~ $ J, I~ ~ /',' I, l'~ ~ . . , . -- j ~ .:+;. .:.:. .:.:. .:.:. .:.:. .:.:. .:.:. .:.:. .:.:. .:.:. ~ ~ ~ " ~ ,.. COUNTY OF CUMBERLAND ~~ STATE OF 1 ~ "~ ,\"'-'I!'~,,'-r PENNA, ~ ~ ... ~ ',' II :' SA~J)Rl\...L. SERscn, Plaintiff N (), ....~.s.:::~,~.~,~, Civil Term w ~.' ,', ~ ~ ~.' w ',' ..............,... ;i Vt'I':HIH CHARLES E. SERSCH . , . . . .. ... ........... ~ i Ii Defendant ii w '.' of', ,', ~ ,'. ~ ~', ~ w ~.~ ~ ,; w ~.~ ~ ,,' decreed that." ,~~~p.~~, F<,.. ,~J!:~.s,qlj."",.",.."".."""". plaintiff, and, ., , , " .. , , , , ~,H.~~~~,s,,~:, ,s,~~~~,~" , , , , . ,.' , .' , , , , " , , .'. 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: ~ w ~.' ~ ~. ~ " 8 ~', " " ~ ,', ,'~ ~ Ii. " , , , , . ~~,~ . ~ ~,t,~:~~,d; ,~7?,~~~~Y, ,~':l~,t,~~'!l!l,n,~ . ~9.r,~<<;'!l!l,n,~ ,~fl,~~~. , , , , , , , . , , . June 2( 1996 is hereby incorporated, but not merged, .... ........ '0' 00' . .........." ...... ...... .... ........ ...... ,. ........... into c Divorce Decree. rJ"t<a K .~ 4*a."..7/i7 f ;.,/~~.~ '" l'rolhonolnry H ~ " ~ ~ -------. .~..~~:.. ,-' ' l""-!'PJ uJ '7~'..' .' .:.:. .:.:. .:.:. .:.:. .:.:. .:.:- .:.:. .:.:. .:.:. .:.:. .:.:. .:.:. ,'~ ~ .~ ~ ~.; ~ ~ ~.~ *- ~.' ,'~ ~ v " ,'~ ~ ,.; ~ 1il ~.' ~ '.' it! ~~ ~ v '.' ~ '.' ~ ',' ~ ~ ',' ~ ~ tV THIS AGREEMENT, by and between CHARLES E. AGR_~~MmIT made this.1~y of Ql LiY- , 1998 SERSCH of Cumberland g::ty, pennsylvania (hereinafter referred to as HUSBAND), and SANDRA L. SERSCH of York County, pennsylvania (hereinafter referred to as WIPE), WHEREAS, HUSBAND and WIPE were lawfully married on september 29, 1983 in York County, Pennsylvania, and; WHEREAS, no children were born of this marriage, WHEREAS, di verse, unhappy dif ferences, disputes nnd difficulties have arisen between the parties and it is the intention of WIPE and HUSBAND to live separate and apart for the reAt 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 by specification: the settling of all matters between them relati.ng to the ownership and equitable distribution of real and personal property; settling of all matters between them . ., relating to the past, preaent and future support, and alimony in general, tht;! settling of any and all claims by one against the other 01' against their respective eatates. NOW, THEREPORE, in consideration the premises and of the mutual promises, covenants and undertakings herei.nafter set forth hereby acknO\~ledged by each of the parties hereto, WIPE ilnd HUSB1l.ND, each intending to be legally bO\\I1d, hereby covenant ilnd agree as follows: , ' , f 1. SEPARATION I It shall be lawful for each party at all times hereat:ter to live separate and apart from the other party at such place as he or. she may from time to time chose or deem fit. The foregoing provisions shall not be taken as an admission on the part of either party of the lawfulness or unlawfulness of the causes leading to their living apart. 2. INTERFERENCE, Each party shall be free from interference, authority, and contact by the other, as fully as if he or she we1:e single and unmarried, except as may be necessary to carry out the provisions of this Agreement. Neither party shall molest the other or attempt to endeavor to molest the other, nor compel the other to cohabit Idth the other, or in any way harass or malign the other, nor in any way interfere with their peaceful existence, separate and apart. 3. SUBSEQUENT DIVORCEI The parties hereby acknowledge that WIFE has filed a Complaint in Divorce in Cumberland County to docket number 95-4582 claiming that the marriage is irretri.evably broken under the no-fault mutual consent provision of Section 3301 (c) of the pennsylvania Divorce Code. HUSBAND hereby e}:presses his agreement that the marriage is irretrievably broken and expresses his intent to execute any and all affidavits or other documents necessary for th~ parties to obtain an absolute divorce pursuant to Section (c) of the Divorce Code at the same time aEl he executes this agreement, The parties hereby waive all rights to request Court -ordered counseling under the Divorce Code. It is further specif ically understood and agreed by the parties that the :1 , , provisions of thiB Agreement aB to equitable distribution of property of the parties are accepted by each pnrty as a final Bettlement for all purposes whatsoever, as contemplated by the pennsylvaniil Divorce Code, Should a decree, judgment or order of separation or divorce be obtained by either of the parties in this or any other Btate, country or jurisdiction, each of the parties hereby consents and agrees that this Agreement and all of its covenants shall be not affected in any way by any such separation or divorce; and that nothing in any such decree, judgment, order or further modification or revision thereof shall alter, amend or vary any terms of this Agreement, whether or not either or both of the parties shilll remarry, It is specifically agreed, that a copy of this Agreement or the substance of the provisions thereof, may be incorporated by reference into any divorce, judgment or decree. It is the specific intent of the parties to permit this Agreement to survive any judgment and to be forever binding and conclusive upon the parties. 4. DATE OF EXECU'l'ION: The "date of execution" or "execution date" of this agreement shall be definec;l as the date upon ~Ihich it is executed by the parties if they have each executed .. the agreemeI;':;' on the same date. Otherldse the "date of execution" or "execution date" of this agreement shall be defined as the date of execution by the party last executing this agreement. 5, DISTRIBUTION DATE: The transfer of. property, funds and/or documents provided for herein, shall only take place on the "distribution date" which shall be defined as specified herein. J 6 . MU'l'UAL 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 c:laims 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 situation, ,..hich he or she now has or at any time hereafter may have against the 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 widow's or widower's rights, family exemption or similar allowance, or under the intestate laws, or the right to take against the spouse I swill; 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 (a) pennsylvania, (b) any State, Commonwealth or territory of the United States, or (c) any country, or any rights which either party may have or at any time hereafter shall have for. past, present or future support or maintenance, alimony, alimony pendente lite, counsel fees, property division, costs or expens~B, whether arising as a result of the marital relations or otherwise, except, all rights and agreements and obligations of whatsoever nature arising or which may arise under this Agreement or for the breach of any provisions thereof, It is the intention of HUSBAND -1 and WIFE to give to each other by the execution of this AgreemE:nt a full, complete und general release with respect to any and all property of any kind or nature, real, personal or mixed, ~Ihich tile other now owns or may hereafter acquire, except and only except all rights and agreements and obligutions of whatsoever nature arising or which may arise under this Agreement or for the breach of any provision thereof, It is further agreed that this Agreement shall be and constitute a full and final resolution of any and all claims which each of the parties may have against the other fot' equitable division of property, alimony, counsel fees and expenses, alimony pendente lite or any other claims pursuant to the pennsylvania Divorce Code or the divorce laws of any other jurisdiction, 7. ADVICE OF COUNSEL: The provisions of this Agreement and their legal effect have been fully explained to the partiea by JUDITH A. CALKIN, ESQUIRE, counsel for HUSBAND and MARYANN MURPHY, ESQUIRE, counsel for WIFE. HUSBAND and WIFE accept that this Agreement is, in the circumstances, fair and equitable and that it is being entered into freel y und voluntarily and that execution of this Agreement i.s not the result of any duress or undue influence and that it is not the result of any collusion or improper or illegal agreement or ugreements, 'rhe parties further acknowledge that they have each made to the other a full accounting of their respective assets, estate, liabilities, and sources of income and that they waive any specific enumeration thereof for the purpose of this Agreement. Each party agrees that he and she shall not at any future ti.me f, . ' raise as a defense or otherwise the lack of such disclosure in any legal proceeding, involving this Agreement, with the exception of disclosure that may have been fraudulently withheld. 8, WARRANTY AS TO EXISTING OBLIGATIONS: HUSBAND will be solely liable for the payment of any balance on the Members 1st FeU, visa credit card, #4121-44-99-9108-5858. Each party represents that they have not heretofore incurred or contracted for any other debt or liability or obligation for which the estate of the other party may be responsible or liable except as may be provided for in this Agreement. Each party agrees to inrlenUliLY and hold the other party harmless for and against any and all such debts, liabilities or obligations of every kind which may have heretofore been incurred by them, including those for necessities, except for the obligations arising out of this Agreement. 9. WARRANTY AS TO FUTURE OBLIGATIONS: WIFE and HUSBAND each covenant, warrant, represent and agree that with the exception of obligations set forth in this Agreement, neither of them shall hereafter incur any liability whatsoever for which the estate of the other may be liable. Each party shall indemnify and hold harmless the other party for and against any and all debts, charges and liabilities incurred by the other after the execution date of this Agreement, except as may be otherwise specifically provided for by the terms of this Agreement. 10, PERSONAL PROPERTY: The parties hereto have divided between themselves, to their mutual satisfaction, all items of tangible nnd intanqible marital property. Neither party shall make 6 " . any claim to any other such items of marital property, or to the separate personal property of either party, which are now in the possessi.on clnd/or under the control of the other. Should it become necessary, the parties each agree to sign, upon request, any titles or documents necessary to give effect to this paragraph. property shall be deemed to be in the possession or under the 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 the signing of this 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 WIPE shall be deemed to be solely and individually in the possession, control and ownership of any pension or other employee benefit plans or other employee benefits of eny nature to which either party may have a vested or contingent right or interest, apart from the provisions of the Divorce Code, at the time of the signing of this Agreement, The parties own two (2) cemetery plots. Each party will retain ownership of one (1) plot, 11. MOTOR VEHICLES: The parties agree that HUSBAND and WIFE shall become the sole and exclusive owner of any motor vehicle in their possession. 12, REAL ESTATE I The real estate has been previously sold and the proceeds equally divided, 13. AFTER ACQUIRED PERSONAL PROPERTY I Each or the 7 parties shall hereafter own and enjoy, independently of any claims or right of the other, all itemG of personal property, tangible or intangible, hereafter acquired by him or her, with full power :I.n him or her to dispose of the same as fully and effectively, in all respectG and for all purposes, as though he or she were unmarried, 14 . WAIVER OF ALIMONY PENDENTE LITE AND LEGAL FEES: Each party hereby waives any right to alimony pendente lite. The parties agree to be responsible for their own attorney's fees. 15, FULL DISCLOSURE: Each party asserts that she or he has made a full and complete disclosure of all the real and personal property of whatsoever nature and wheresoever located belonging in any way to each of them, of all debts and encumbrances incurred in any manner whatsoever by each of them, of all sources and amounts of income received or receivable by each of parties, and of every other fact relating in any way to the subject matter of this Agreement. These disclosures are pat't of the consideration made by each party for entering into this Agreement. 16, WAIVER OF ALIMONY: The parties herein acknowledge that by I:his Agreement they have respectively secured and maintained a substantial and adequate fund with which to provide for themselves sufficient financial resources to provide for their comf:ort, maintenance and support, in the station of life to which they are accustomed, WIFE and HUSBAND do hereby waive, release and give up any rights they may respectively have against the other for alimony, spousal support or maintenance, It shall be from the execution of this Agreement the sole responsibility of each of the o ~ respective parties to sustain themselves without seeking any support f.rom the other party. 17 , 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 of any breach hereof or default hereunder shall be deemed a waiver of any subsequent default of the same or similar nature, lB. MUTUAL COOPERATION: Each party shall, at any time and from time to time hereafter, take any and all steps and execute, acknowledge and deliver to the other party any and all further instruments and/or documents that the other party may reasonably require for the purpose of giving full force and effect to the provisions of this Agreement. 19. APPLICABLE LAW: This Agreement shall be construed in accordance with the laws of the Commonwealth of Pennsylvania which are in effect as of the date of execution of this Agreement. 20. AGREEMENT BINDING ON HEIRS: This Agreement shall be binding and shall inure to the benefit of the parties hereto and their respective heirs, executors, administrators, successors and assigns. 21, INTEGRATION: This Agreement constitutes the entire underatanding of the parties and supersedes any and all prior agreements and negotiatiolls between them, There are no representations or warranties other than those expressly set forth herein. 22. OTHER DOCUMENTATION: WIFE and HUSBAND covenant and 9 . I .. agree that ther will forthwith execute any and all written instruments, assignments, releases, satisfactions, deeds, notes or such other wl'itings as lIlay be lIecessary or desirable for the proper effectuat.ion of this Agreement, 23. NO WAIVER ON DBFAULT: 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 performance of any of the provisions of this Agreement shall in no \~ay affect the right of such party hereafter to enforce the same, nor shall the waiver of any default or breach of any provisions hereof be construed as a waiver of any subsequent default or breach of the same or similar nature, nor shall it be construed as a waiver of strict performance of any other obligations herein. 24. SEVERABILITY: If any term, condition, clause or provision of this Agreement shall be determined or declared to be void or invalid in law or otherwise, then only that term, condition, clause or provision shall be stricken from this Agreeme-nt and in all other respects this Agreement shall be vaJid and continue in full force, effect and operation. Likewise, the failure of any party to meet her or his obligation under anyone or more of the paragraphs herein, with the exception of th(~ satisfaction of the conditions precedent, shall in no way avoid or alter the remaining obligations of the parties. '.,' .<" BREACH: If either party breaches any proviRions of this Agreement, the other party shall have the right, at his or her 10 ~ en ~t'i Cl ". i.;' ',,", :1 ~~l' :x:: ()...~ ::- c:>- ,.~",:,j ib If) f~ r;, ...,. I (t~ cr;~1 :;l::, "-:.' ,.,... ~ ==. d" ~ cr.l i3 a' . . , , .... .,. " IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW SANDRA L. SERSCH, : Plaintiff : v. . NO. 95-4582 civil Term . . . CHARLES E. SERSCH, : Defendant : IN DIVORCE PRAECIPE TO TRANSMIT RECORD To The Prcthonotary: Transmit the record, together with the following information, to the Court for entry of a divorce decree: 1. Ground for divorce: Irretrievable breakdown under Section 3301(c\ of the Divorce Code. 2. Date and Manner of service of the Complaint: Personal acceDtance of service by Judith A, Calkin. ESQuire. counsel for Defendant on AUQust 31. 1995. 3. Complete either paragraph (a) or (b). (a) Date of execution of the Affidavit of Consent required by section 3301(c) of the Divorce Code: by plaintiff, June 2. 1998 by Defendant, Mav 7. 199B. (b) (1) Date of execution of the Plaintiff's Affidavit required by Section 3301(d) of the Divorce Code: -HLA. (2) Date of service of the plaintiff's Affidavit upon Defendant: -HLA. 4. Related claims pending: All claims have been resolved. 5. Complete either paragraph (a) or (b). ~ aJ ~.~ ,;,: 0 g~ .. 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SANDRA I" SERSCH, Plaintiff IN THE COURT OF CO~~ON PLEAS CUMBERI,AND COUNTY, PENNSYLVANIA NO, 95-4582 civil Term vs. CHARLES E. SERSCH, Defendant CIVIL ACTION-DIVORCE I AFFIDAVIT OF CONSENT 1, A complaint ill Divorce under Section 3301(C) of the DivorcE' Code wat; filed on August 29, 1995. 2, The marriage of Plaintiff and Defendant is it'retrievably broken and ninety (90) days have elapsed from the date of the filing and service of this Complaint. 3, I consent to the entry of a Final Decree in Divorce after service of notice of intention to request entry of the decree. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904, relating to \lnm/orn falsification to authorities, Date: 5/7/ fR .d-~tj~l~ CHARLES E. BERSCH ~ CO) r; ~ Ln ..::: N 8~ ~g 5: '>-t I:"J~ 10 CO) ~I;; & I 7- . VI S ttJiU .F t.!Jo. ..., ~ ~ CO Q. I:, I. I( I I I I , ! ~ (") ~ U"l f ~ .- 5~ :I:: o~ 0- (;,::::. ff C") Yn I 4 .... ~ :z: r~r5 =l Le[1.. ~ \XI d c:n ..-. '" IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW SANDRA L. SERSCH, . . plaintiff . . . . v. . NO. 95-4582 CIVIL . : CHARLES E. SERSCH, . IN DIVORCE . Defendant . . AFFIDAVIT OF SERVICE I, Maryann Murphy, Esquire, depose and say: 1. That I am an adult individual residing in Cumberland county, Pennsylvania. 2. That on August 31, 1995, Judith A. Calkin, Esquire, accepted personal service of the 3301(C) Complaint in Divorce in the above-captioned case. A copy of this Acceptance of Service is attached hereto. urphy, Esqui e 845 Sir Thomas Court suite 11A Harrisburg, PA 17109 (717) 540-5100 1.0. # 61900 fr. co ~ ~~ c:; .. :.:a._ M 8'~ '- :c ' -, t! ". -, Co. -> ~~~ ',';I~ In ~,"r{) o. I _1z t" ::r: Hi if! t: ~ CI1e r- -, ~ , 15. co " '" (.). /' I~ al ~ 0 M -:; c f/I,.. 8~ if :c :~ <l.. ('.\~ g -, ln ."If.! "I I ~.I;- -if; :z ffi(S ;;: tog n.. I :3 15 CIJ a' U , /'