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HomeMy WebLinkAbout95-04740 . . ~ ~ ~ ~ 8 ~ ~ " DECREE IN ~ DIVORCE ~ r. . ~ ANDNOW,...:~~".?:7.,',..., 19.P~.".lt Is ordered and $ '''\ "" 8 decreed that ,..,."",.,.".. ~~.^!l. Y:. ,~o.o,P,~~"",...,., .. . ,,', plaintiff, .. ;,; and "........,.".".,....,.I1~q~~H,I?:,s:99~~\t..,..,',..,',.., defendant, ; are divorced from the bonds of matrimony, The Marital Settlement Agreement ,i.r.', dated February 16, 1996 ia incorporated herein. but not merged, ~ ~ The court retains jurisdiction of the following claims which have iii been raised of record In this action for which a final order has not yet ~ been entered: ~ " , '(Co"llCo' .-llCo'......->>"->>,..-<~' _,.-.,.:'.... ->>. 'llCO '-llCo "lCo"-llCo' '.:.;.' '-llCo '~'x>:c<':w.<,,*>~"lIIX '.llCo"~ _X!IO<~ ~ ..' .. , ' , ,. . '"," '; ,. , . .. , .." ... ...,..... ~ ~ ~ IN THE COURT OF COMMON PLEAS $ ~ .$ ~ OF CUMBERLAND COUNTY ~ . " '* ~ ~ STATE OF",:\_ .' PENNA, ~ ~ e ~ ;7. ~ ~ ~ 8 ~ ~ ~ iii ~ ~ _. ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ij JOAN V, COOPER, ....",.........,..............................,..................................... N n. ..............~7.~,9.. ................. 1995 ......' .....' ..." ...............,..'", ........., ,R~.I!.tl),~.iJt.. ............ V crslIs MICHAEL D. COOPER, ..............................,........... ,........................................ ...., .... ....,.........,.................' ,Defendant.........,..".. ( By T,\e Co r : \4v ..............i:.l..................1..... .-..... . .......:j .......,. ,........ ."..." Allelll, .(,;,h/ Ill.'<' t Ick :~ ,/.;::.-,I%N0..07 J. ....~1rI.lJ;:./!.. )s~d;,./ l' ].Z..,,,, ,... '''' 1 'T/7 Prolhonolary ~ <: $ ~ ~ $ , ,;, ... a '.' w ~,,' '. I!! ~ " ~ '.' ,', :, .:0 ... ~ ~ ,~~_.~~~-~~~~.~~~._.~:~.~~~~~ circumstances. The parties further declare that each is executing the Agreement freely and voluntarily, having either obtained sufficient knowledge and disclosure of their respective legal rights and obligations or, if counsel has not been consulted, expressly waiving the right to obtain such knowledge. 5. DEBTS AND OBLIGATIONS WIFE represents and warrants to HUSBAND.. that since the separation she has not, and in the future she will not, contract or incur any debt or liability for which HUSBAND or his estate might be responsible, and she shall indemnify and save HUSBAND harmless from any and all claims or demands made against him by reason of such debts or obligations incurred by her since the date of said separation, except as otherwise set forth herein. HUSBAND represents and warrants to WIFE that, since the separation he has not, and in the future he will not, contract or incur any debt or liability for which WIFE or her estate might be responsible, and he shall indemnify and save WIFE harmless from any and all claims or demands made against her by reason of such debts or obligations incurred by him since the date of said separation, except as otherwise set forth herein. 3 6. REAL PROilERTY The parties hereto acknowledge and agree that the marital residence located at 135 Century Lane, Dillsburg, Pennsylvania, 17019, shall be sold. WIFE and HUSBAND agree that the net proceeds of the sale of the property (after the payment of commissions, costs and expenses associated with this sale) shall be divided equally. WIFE shall reside in the home until said sale and shall assume all obligations, including but not limited to, mortgage obligations, taxes, insurance, utilities, maintenance and upkeep. WIFE hereby agrees to indemnify and hold HUSBAND harmless with respect to any of these related obligations pertaining to the subject property. WIFE and HUSBAND acknowledge that effective october 1, 1995, HUSBAND has been and will continue to contribute one-half (%) of the BBNB mortgage as the same may be adjusted from time to time. HUSBAND shall pay said sum directly to WIFE and WIFE shall thereafter pay the mortgage in a timely fashion being responsible for all late charges. In the event WIFE fails to make said mortgage payment, HUSBAND may pay the same to BBNB and receive credit against the payments required by this Agreement or be reimbursed at the time of settlement. HUSBAND's obligation to contribute hereunder shall terminate on January 1, 1997 unless extended by negotiations of the parties, WIFE shall have exclusive 4 possession of said marital residence and HUSBAND shall receive credit for one-half (~) the amount of any rental payments received by WIFE until January 1, 1997 unless extended by negotiations of the parties. The parties hereby agree that all capital gains associated with the sale of the property shall be divided equally between the parties. 7. PERSONAL PROPERTY " The parties acknowledge that they have heretofore agreed upon an equitable distribution of all items of personal property. It is understood and agreed that each party shall retain his or her sole and separate property free and clear of any claim of the other. All those items of personalty which each now has in his or posses~ion and control, respectively, without the necessity of any document for further assurance except as otherwise provided herein. Notwithstanding the above, WIFE acknowledges that the items listed below, which are currently in her possession, are to be transferred to HUSBAND upon settlement of the marital home. These items are to become his sole and separate property free and clear from any claim of WIFE: 5 9. PENSION. RETIREMENT AND OTHER EMPLOYEE BENEFITS HUSBAND and WIFE acknowledge that the marital property includes respective pension plans. HUSBAND possesses a 401K plan with an approximate value of $20,000.00 and an IRA with an approximate value of $2,000.00. WIFE has a 401K plan with an approximate value of $10,000.00 and two IRA I s with a total value of approximately $10,000.00. HUSBAND and WIFE acknowledge that they have been informed of their right to obtain an independent appraisal of each other's pension and interest and have waived such right. Notwithstanding the same, they hereby forever waive and relinquish any right, interest or claim that they might have otherwise in each other's pension interest, 10. ALIMOliX The parties recognize that an award of alimony is appropriate and agree to reserve said claim of record. presently, alimony shall be one dollar a month, Said sum shall continue until January 1, 1997 unless at any time prior to that date, HUSBAND shall faJl to pay one-half (~) of the mortgage, the amount of alimony shall be fixed at $500.00 a month until January 1, 1997. Notwithstanding the above, each party waives any and all rights to alimony pendente lite and spousal support. 7 ~ Ln '- 0 (.~ i~ c:) :-1 .. u(il t".)~ ( ..,' --' ~):'l: Ifq u. -. l:r- :') :'.J O' ( , ,- @": ~, ! ,'- N . . .....t.. a!l!1 f'.l ,";1(U r.. Ld '''H1.. -- I.>- 1'-; u.. lO ,-") 0 en U ..,. .- i:; b-:; -~ i':' 0 (., CI) ,~ IJJQ ()~) 0..-" '~.);;.o () H::L c: -.: .'::...J Cr- ." ~.- (, "p'J @n: ~" ~ ~ N ' .- 'u. 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