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HomeMy WebLinkAbout95-04724 " . MARRIAGB SETTLEMENT AGREEMENT THIS AGREEMENT, made thia /., t- day of \-;;. I 'J- , 1996, by and between JAMES L. WEIKERT, of 4215 Suaaex Drive, Harriaburg, Dauphin county, Pennaylvania, hereinafter called "Huaband", and JUDITH W. WEIKERT, 410 Pawnee Drive, Mechanicaburg, cumberland county, pennsylvania, hereinafter called "Wife". WIT N E SSE T H: WHEREAS, Huaband and Wife were lawfully married on July 31, 1965, in Linwood, New Jeraey; and WHEREAS, differencea have ariaen between Huaband and wife in conaequence of which they have aeparated and continue to live aeparate and apart from each other; and WHEREAS, there are two (2) adult children of thia marriage, ROGER L. WEIKERT and GLENN E. WEIKERT; and WHEREAS, Huaband and Wife deaire to settle and determine their individual righta concerning their marital property; and WHEREAS, Huaband has filed a no-fault divorce action against Wife in the court of Common Pleaa of cumberland county to No. 95- 4724. NOW THEREFORE, the parties hereto, intending to be legally bound hereby, agree aa follows: 1. SEPARATION - It ahall be lawful for each Party at all times hereafter to live separate and apart from the other at such place as he or she may from time to time choose or deem fit. The . '. foregoing provision shall not be taken as admission on the part of either Party of the lawfulness or unlawfulness of the causes leading to them living apart. 2. INTERFERENCE - Each Party shall be free from interference, authority and control by the other, as fully as if he or she were single or unmarried, except as may be necessary to carry out the provisions of this Agreement, Neither Party shall molest or attempt to endeavor to molest the other, nor compel the other to cohabitate with the other, or in any way harass or malign the other, nor in any way interfere with the peaceful existence, separate and apart from the other. 3. PERSONAL PROPERTY - The personal property has been divided between the Parties to their mutual satisfaction. 4. REAL PROPERTY - The Parties have or did have an ownership interest in two parcels of improved real estate, as follows: a, 410 Pawnee Drive, Mechanicsburg, PA, which is the marital home and which is in joint names. Husband agrees to convey his right, title and interest in said property to Wife. b, 408 Pawnee Drive, Mechanicsburg, PA - The parties netted approximately $124,000 from this sale. The said proceeds were then used to payoff debts owed to each of the Parties' respective parents and to payoff the outstanding balance on the mortgage on the marital home. The remaining amount was transferred solely to Wife, 2 , . . 5. ~ETIREMENT/PENSIONS - Husband shall be the sole owner of his IRA maintained at Lebanon Valley National Bank as well as his vested pension with Rock-Tenn company. Wife shall be the sole owner of her IRA with Lebanon Valley National Bank and her IRA with Meridian Bank. The parties release any interest that they might have in any pension .or retirement plan of the other. 6. INVESTMENTS The fOllowing investments shall be transferred to or maintained solely by Husband: Rock-Tenn stock Hershey Foods shares Wife shall maintain the following investments: Public Service shares New View corporation shares Rolling Green cemetery plots Delaware Group - Decatur Fund Each party releases any interest which they may have in the above inves~ments maintained by the other party. 7. LIFE INSURANCE - wife shall maintain as her sole and separate property her Penn Mutual Life Insurance policy as well as . her CNA Meridian policy and her Metro Life. Husband shall maintain as his sole and separate property the fo'llowing life insurance policies which are on his life: CNA Meridian, Penn Mutual, Lutheran Brotherhood, provident Mutual, Nationwide, and Prudential. Husband shall maintain Wife as a beneficiary on life insurance pOlicies which will be of a sufficient amount to cover the total decreasing balance of all alimony agreed to in paragraph 3 . B herein. Husband shall provide written proof of said insurance upon Wife's request. B. ALIMONY - Husband will pay Wife the 3um of $3,000,00 per month for a six (6) year period beginning January 1, 1996. Regardless of the future marital status of Wife, this payment will be made by Husband, Husband shall pay Wife the sum of $2,000.00 per month for an additional four (4) year period unless wife should remarry, die or cohabit with another man at which point Husband's obligation shall cease. The alimony is non-modifiable as to amount and duration, except as provided for above. Alimony shall be paid on the loth and 25th of each month by means of a direct deposit into Wife'S account at Meridian Bank. 9. pAYMENT - Husband shall pay Wife $5,000 as property settlement at the time this Agreement is signed. Husband shall pay Wife $5,000 as additional alimony on or before December 31, 1996. Husband shall pay wife $6,000 as alimony within sixty (60) days of the signing of this Agreement so that alimony in 1996 will total $3,000 per month. lO. HEALTH INSURANCE - Husband will provide Wife with funds to enable her to purchase health insurance for a maximum period of three (3) years from the date of the divorce, Husband will increase his monthly alimony payment by an amount sufficient to enable wife to make the health insurance premium payment. wife may purchase whatever health insurance she desires, but Husband's obligation shall be no greater than the rate that would be in 4 It' ,!,. . . effect at any given time through Rock-Tenn or the actual cost of Wife's payment, whichever is less. Wife shall inform Husband of any increasss in premium payments. In the event that wife's employer makes health insurance available to her, or in the event that she remarries, then the obligation of Husband to make additional alimony payments to cover Wife's health insurance shall immediately cease. 11. PENDING LITIGATION - Husband and wife have initiated litigation against Hibbard Brown, an investment company, in order to recover funds that were lost through the investment practices of that company. If there is any recovery from this action, then the proceeds would be divided equally among Husband, Wife, Glenn and Roger, If Husband and/or Wife should die before final recovery, then that party's share shall be divided equally between the two sons, 12. LIFE INSURANCE - There is a Metropolitan Life Insurance policy in the name of wife. A loan in the amount of $436.72 was borrowed against the cash value of that policy. Husband shall repay that loan in full before December 31, 1996. 13. 1995 INCOME TAX RETURNS - The parties have cooperated in filing joint 1995 income tax returns, All refunds shall be given to Husband. 14, DIVORCE - Husband has filed a no-fault divorce action in the court of common Pleas of cumberland county, Pennsylvania to No. 95-4724, Both Parties agree that they will cooperate fully and 5 I 'I \ promptlY in concluding that divorce action. Both parties shall sign an affidavit evidencing their consent to the divorce, pursuant to section 3301 (c) of the Divorce code. In the event, for whatever reaSon, either party fails or refuses to execute such affidavit upon the other party's timelY request, that party shall indemnifY, defend, and hold the other harmless from any and all additional expenses, including actual counsel fees, resulting from any action brought to compel the refusing party to consent. Each party hereby agrees that a legal or equitable action may be brought to compel him or her to execute a consent form and that, absent somu breach of this Agreement by the proceeding party, there shall be no defense to such action asserted, 15. ATTORNEY'S FEES - Each Party waives any right that he or ,\ ~ I she may have to seek legal fees, costs or expenses from the other party which were incurred prior to the execution of this Agreement. 16. MUTUAL RELEASES - Except as otherwise provided for in this Agreement: a) Each party hereby releases and forever discharges the other and the estate of the other for all purposes from any and all rights and obligations which either has or at any time hereafter may have for past, present or future support or maintenance, alimony pendente lite, alimony, equitable distribution, counsel fees, costs, expenses, and any other right or obligation, economic or otherwise, whether arising out of the marital relationship or otherwise, including all rights and benefits under the pennsylvania 6 Divorce Code of 1980, its supplements and amendments, as well as under any other law of this or any other jurisdiction. b) Each Party hereby releases and forever discharges the other and his or her heirs, executors, administrators, assigns, property and estate from any and all rights, claims, demands or obligations arising out of or by virtue of the marital relationship of the parties or otherwise, whether now existing or hereafter arising. The above release shall be effective regardless of whether such claims arise out of any former or future acts, contracts, engagements, or liabilities of the other or by way of dower, curtsey, 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 of pennsylvania, any state, Commonwealth or territory of the United states, or any other country. The Parties each waive and release any and all right to receive insurance proceeds at the death of the other, whether as named beneficiary or otherwise, as well as any right to receive any legacy, bequest or residuary portion of the estate of the other under his or her Will (if executed prior to the execution date hereof), or to act as personal representative of the estate of the other, 7 " c) Except for any cause of action for divorce which either party may have or claim to have, each party gives to the other by the execution of this Agreement an absolute and unconditional release and discharge from all causes of action, claims, rights or demands whatsoever, in law or in equity, which either party ever had or now has against the other. 17. INDEMNIFICATION - Each party represents and warrants to the other that he or she has not incurred any debt, obligation, or other liability, other than those described in this Agreement, on which the other Party is or may be liable, Each Party covenants and agrees that if any claim, action or proceeding is hereafter initiated seeking to hold the other Party liable for any other debt, obligation, liability, act, or omission of such Party, such party will, at his or her sole expense, defend the other against any such claim or demand, whether or not well founded, and that he or she will indemnifY and hold harmless the other Party in respect of all damages resulting therefrom. lB. BREACH - 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 any other relief he or she is entitled to at law or equity. The Party breaching this contract shall be responsible for the payment of legal fees and costs incurred by the other in enforcing his or her rights under this Agreement, or seeking such other remedy or relief as may be available to him or her. 8 19. fULL DISCLOSURE - Husband and wife each represent and warrant to the other that he or she has made a full and complete disclosure to the other of all assets of any nature whatsoever in which such party haS an interest, of the source and amount of the income of such Party of every type whatsoever and all other facts relating to the subject of this Agreement. 20. ~EPRESENTATION OF PARTIES BY COUNSEL - Each party has been represented by an attorney, who was selected by the party whom he or she represents, in the negotiation and preparation of this Agreement. Husband is represented by Murrel R. Walters, III, Esquire, and wife is represented by Jennifer L. Lehman, Esquire. This Agreement haS been fully explained to each Party by that party's attorney. Each party has carefully read this Agreement and is completelY aware, not only of its contents, but also of its legal effect. 21. P.DDITIONAL INSTRUMENT - Each of the Parties shall on demand execute and deliver to the other any deeds, bills of sale, assignments, consents to change of beneficiary on insurance policies, taX returns, and other documents and do or cause to be done any other act or thing that may be necessary or desirable to effectuate the provisions and purposes of this Agreement. If either party fails on demand to comply with this provision, that party shall pay to the other, all attorneys' fees, costs and other expenses reasonablY incurred as a result of such failure. 9 22. ~OURT CONFIRMATION - Both Parties agree that either may present this Agreement to a court of competent jurisdiction in order to have it entered as a binding order of court. 23. I'NTIRE AGREEMENT - This Agreement contains the entire understanding of the Parties and there are no representations, warranties, covenants or undertakings other than when expressly set forth herein. 24. MODIFICATION AND WAIVER - MOdification or waiver of any provision of this Agreement shall be effective only if made in writing and executed with the same formality as this Agreement, The failure of either party to insist upon strict performance of any of the provisions of this Agreement shall not be constr.ued as a waiver of any subsequent default of the same or similar nature. 25. DESCRIPTIVE HEADINGS - The descriptive headings used herein are for convenience only. They shall have no affect whatsoever in determining the rights or obligations of the parties. 26. GOVERNING LAW - This Agreement shall be governed by and shall be constructed in accordance with the laws of the commonwealth of Pennsylvania, 27. BINDING EFFECT - This Agreement shall be binding upon the parties, their heirs, executors, administrators and assigns. 10 " " " " fJ; C':) " C.: '. '" :?~~ ,-' .. tJ.I~~ ..7 fr(:> I,) :,~ t./: ''- rl~ ~r.;.; I''') <?;j :J~ ...:'... I :; '~~;7 ft!~,' J , '1iiJ ::3 ~ ", u. i= , 'l- V) "j (.:) c, U ~, ~', .. ~ 0\ "- .r,... 0 ::':: ;.:: .. -.I...~ wQ ..'9 U;:1 ::t: ,):~ It~ "- ':'<=i ~C M ~= f;; r-l I 12 u. jZ '" _.I ,. UJ r;: => '00... -, :-:E L1_ '0 :::J 0 en u 'I '. " JAMES L. WEIKERT, Plaintiff . , IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA vs. 95 - 4''7:>'~. LAW - DIVORCE CIVIL TERM JUDITH W. WEIKERT, Defendant COMPLAINT The plaintiff by his attorney, MURREL R. WALTERS, III, ESQUIRE, brings this action in divorce for a Decree of Divorce from the bonds of matrimony and respectfully represents: 1. The plaintiff is JAMES L. WEIKERT, an adult individual, who currently resides at 4215 Sussex Drive, Harrisburg, Dauphin County, Pennsylvania. 2. The defendant is JUDITH W. WEIKERT, an adult individual, who currently resides at 410 Pawnee Drive, Mechanicsburg, Cumberland County, PennsYlvania. 3. Plaintiff and defendant are both bona fide residents of the Commonwealth of Pennsylvania and have been for at least six (6) months immediately previous to the filing of this Complaint. 4. The plaintiff and defendant were married on July 31, 1965 in Linwood, New Jersey. 5. There have been no prior actions of divorce or for annulment between the parties. 6. The plaintiff avers that the marriage is irretrievably broken. /'- @ < 1\ tt' . ...... en ~>- ~ . - . :c .,.- I_:r. Q.- UIO:-l..r lD ~'XO;;: ~\ N h..OU", h.. :cC~ N o.-;z:~ '!l~"I:;; - 'j",,:~% ~ . _..tUtJ.:r. C' ..., l&. ;cn'Ju.J Q. .._::t.,;tJ.. ..... ~ ...~ ~ 0'" ., r . , , . ., . .' , JAMES L. WEIKERT, IN THE COURT OF COMMON PLEAS OF plaintiff CUMBERLAND COUNTV, PENNSVLVANIA . . vs. 95 - 4724 CIVIL TERM , . JUDITH W. WEIKERT, LAW - DIVORCE Defendant , . AFFIDAVIT OF CONSENT 1, A complaint in divorce under section 3301(C) of the Divorce Code was filed on september 1, 1995, 2. The marriage of plaintiff and defendant is irretrievably broken and, ninety days have elapsed from the date of filing the Complaint, . ,., 3. I consent to the entry of a final decree of divoX'ce after 'service of notice of intention to request entry of the decree. " , ' ;,> I'verify that the statements made in this affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C,S, S 4904 relating to unsworn falsification to authorities. Data' ;;;}- I, /fft ~~~~.,t(F~ J L. WElKE T ,-\, I., ~ CO i':: t c:: .." .. .~'5._ ""' ',)~ 0 - (-.>~ -& i.~ -1-' C") " 5:! t,.. .'f!] ... , ~-l...._ fE~!J -I " ;.,. '''l''J r-: ~ ,~)o; -, " '1. \0 :::; 0 en (J '. . " , , ,1f ", >- Cl:) ~ f!i ~ r-- "" " r .. "i~ ( fS -'7 - .'z ,<.. '.).;: ~' u.. '{::: )=:.-. 0 ,N fI' (") :-1/) , J'-... O:lt! '<. -I .i;.~ r-: ::::J /,I'a .. 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