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HomeMy WebLinkAbout95-05415 a .~, 9(, dJ ~. 7? titJ. c~ )~f(;JJ/ ;t ~iZf 0~ 11~ /ita~ 76 ~- MARITAL SETTLEMENT AGREEMENT I()-Ih I~ THIS AGREEMENT, made this L:l- day of ""nn. \(lrlt ' 1996, by and between CHAIlTELLE 8. GAMBER of 45 Southmont Drive, Enola, Pennsylvania, 17025 (hereinafter "WIFE") and MATTHEW S. GAMBER of 4166 Nantucket Drive, Mechanicsburg, Pennsylvania, 17055 (hereinafter "HUSBAND"); WIT N E SSE T HI WHEREAS, the parties hereto were married on December 19, 1992 in Charleston, West Virginia: and WHEREAS, no children were born of this marriage: and WHEREA8, diverse unhappy differences, disputes and difficulties have arisen between the said parties and it is therefore their intention to live separate and apart for the rest of their lives and to settle fully and finally their financial and property rights and obligations between each other. NOW, THEREFORE, the parties hereto, intending to be legally bound hereby, agree as follows: 1. ADVICE OF COUNSEL Both parties acknowledge that they have been afforded the opportunity to consult with an attorney of their choice prior to signing this Agreement. WIFE is represented by Debra A. Denison, Esquire. HUSBAND is unrepresented. HUSBAND is cognizant of his right to legal representation and declares that it is his express voluntary and knowing intention not to avail himself of his right to counsel and chooses instead to represent himself with respect to the preparation and execution of this Agreement. 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. The parties each acknowledge that this Agreement is fair and equitable and is not the result of any fraud, coercion, duress, undue influence or collusion. 2. SUBSEOUENT DIVORCE An action seeking the dissolution of the marriage is pending in the Cumberland County Court of Common Pleas and bears docket number 95-5415. The parties hereby agree to execute Affidavits of Consent for divorce concurrently with the execution of this Agreement. 2 3. SEPARATION AND NONINTERFERENCE It will be lawful for each party at all times hereafter to live separate and apart from the other party at such place or places as he or she may from time to time choose or deem fit. Each party shall be free from interference, authority and control, direct or indirect, by the other, as fully as if he or she were single and unmarried. Neither shall bother the other or compel or endeavor to ~ompel the other to cohabit or dwell with him or her. 4. EFFECTIVE DATE This Agreement shall be effective on the date above first written if both parties sign on the same date; otherwise, it shall become effective upon the signing by the last party to do so. 5. WARRANTY OF DISCLOSURE The parties hereby acknowledge their right to full disclosure and formal valuations of HUSBAND's business, retirement and pension plans, WIFE's employee benefits, retirement and pension plans and the marital home. Notwithstanding this knowledge, both parties hereby waive disclosure and valuation for convenience and expediency. Consideration for this waiver of disclosure is the mutual exchange of property as described herein. 3 6. REAL PROPERTY WIFE and HUSBAND hereby acknowledge that they own a home located at 4166 Nantucket Drive, Mechanicsburg, Pennsylvania, 17055. HUSBAND agrees to refinance the marital home within two (2) months of the execution of this Agreement or agrees to sell the property in order to remove WIFE I S name from this obligation. Until such time of the refinance or sale, HUSBAND shall assume all obligation for the property, including but not limited to, any and all mortgage obligations, taxes, insurance, utilities, maintenance and upkeep. HUSBAND hereby specifically agrees to indemnify and hold WIFE harmless with respect to any of these related obligations pertaining to the subject property. WIFE hereby waives any interest in the property and agrees to execute a deed in order to transfer her interest in the property to HUSBAND at the time of refinance. 7. BUSINESS HUSBAND is a sole proprietor in his chiropractic practice. WIFE hereby waives any and all marital interest she may have in the business. HUSBAND hereby agrees to remain solely responsible for any and all debt or tax obligations arising from the business and indemnifies and holds WIFE harmless with respect to any obligations pertaining to the chiropractic practice. 4 parties. Additionally, each party hereby releases any interest that he or she may have in the estate of the other. 12. MUTUAL COOPERATION WIFE and HUSBAND shall mutually cooperate with each other in order to carry through the terms of this Agreement, including but not limited to, the signing of documents. 13. BREACH OF AGREEMENT WIFE and HUSBAND hereby agree that if either party breaches any of the terms of this Agreement and a claim or further legal action is required, the breaching party shall reimburse the other all legal fees and costs incurred as a result of said breach or claim. 14. AGREEMENT BINDING ON HEIRS This Agreement constitutes the final agreement of the parties and is binding upon their heirs, assigns and successors in interest. 15. VOID CLAUSES If any term, condition, clause or provision of this Agreement shall be determined or declared to be void or invalid in law or 6 otherwise, then only that term, condition, clause or provision shall be stricken from this Agreement, and in all other respects this Agreement shall be valid and continue in full force, effect and operation. 16. APPLICABLE LAW This Agreement shall be construed under the laws of the commonwealth of pennsylvania. 17. ENTIRE AGREEMENT ! This Agreement contains the entire understanding of the parties, and there are no representations, warranties, covenants or undertakings other than those expressly set forth herein. IN WITNESS WHEREOF, the parties hereto have set their hands and seals of the day first above written. This Agreement is executed in duplicate, and in counterparts. WIFE and HUSBAND acknowledge the receipt of a duly executed copy hereof. ~ (;\1)0 I Yl_,~:::fj, 6,,'['1), rf' 11 k witness t!!~~.i~~;~ 7 COMMONWEALTH OF SS. COUNTY OF CUMBERLAND ~Vl J On the /f../ 1 day of , /(1 IluQ ILl , 1996, before me, a Notary public in and for the Commonwealth df Pennsylvania, the undersigned officer, personally appeared CHANTELLE S. GAMBER, known to me (or satisfactorily proven) to be one of the parties executing the foregoing instrument, and she acknowledges the foregoing instrument to be her free act and deed. IN WITNESS WHEREOF, I have hereunto set my hand and notarial seal the day and year first above written. COMMONWEALTH OF PENNSYLVANIA COUNTY OF C"",y) be (" 10..(1 d , ji~V~~bt~~' ['~ ~.~,V/ My commission Expires: Notarial Seal KathY D. Enders. NoI8IY Public Camp Hili Boro.~rIaF~ W~~9 My commIsSIon ~...res ' . M~mbat.I'erI1I)'MIria~"'" ...."'ol Nolllri88 :88. On the J t 'fll day of, In nllfi. It ' 1996, before me, a Notary Public in and for the Commonwealth 0 Pennsylvania, the undersigned officer, personally appeared MATTHEW S. GAMBER, known to me (or satisfactorily proven) to be one of the parties executing the foregoing instrument, and he acknowledges the foregoing instrument to be his free act and deed. IN WITNESS WHEREOF, I have hereunto set my hand and notarial seal the day and year first above written. .&: fl, Notarial Seal Kathy 0, Enders. NoI8IY Public Camp 1'1'1 Boto. Cumberlai1d County My COmmIsSIon Expires Feb, 11. 1999 ...~.I'llmsytvlria~,olNolMos 8 ~ ..:r ... 4-.1 \:- ~ 4~ 11,G i;' ::J .-' (~_:~ g' - .:):~ t;', ~ ~r ..... r"");'; (. ..~ @' \1") ~~; ~~t J"':'..- I _J". c-. i.t~~ U:,', ' F I~J J!tl- u- p'~:' U- .0 :".:' <.) o' <.) & - i; - ~ N " t-'. .. :g~ UJ~ M U.- - U:?: [,cq c: .:" -- ~fF a-. a -~;;! Ln .''''w w:; ::1;;-: u. I Ell. 0 ffi7 u1 rE w IUU. ..... ~ l'- \.D 0 01 U ,.., .. subject to the penalties of 18 Pa.C.S. ~ 4904 relating to unsworn falsification to authorities. (Xz~gW~/;h hante e S. Gamber Dated: February 1, 1996 2 ~ .:l' (; N ". t-- (-;, ::5.,: ~13 8-' -. ~. -?:; C1. :-t, r.~;:J 0 .. ~ In :.;II~!".) I )"'. J-- ... .'- ricH c:l n~ t~luJ F W !..~1u.. LL. ~ ~. U) :::l Cl (,) .... ". RBAOBR , ADLBR, PC BYz DBBRA A. DBRISON, BSQUIRE Attorney I.D. No. 66378 2331 Market street Camp Hill, PA 17011 Telephone: (717) 763-1383 Attorneys for Plaintiff CHANTELLE S. GAMBER, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 95-5415 v. MATTHEW S. GAMBER, CIVIL ACTION - LAW Defendant DIVORCE DIVER OJ' NOTICB OJ' INTBNTIOR TO REOUEST BNTay OJ' A DIVOaCB DBCREB UNOBa SBCTION 3301'C) OJ' TBB DIVOaCB CODB 1. I consent to the entry of a final decree of divorce without notice. 2. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if I do not claim them before a divorce is granted. 3. I understand that I will not be divorced until a divorce decree is entered by the Court and that a copy of the decree will be sent to me immediately after it is filed with the Prothonotary. I verify that the statements made in this affidavit are true and correct. I understand that false statements herein are made i5 ..:r ~ "I ~ M :::>"" ~~ t:) r:: -- U"~ e:R _1. '-r.': c.. (.)~.i ~.' ~ ~n In 7 ~. \/) i"~ :-1:":-; we.:: I rp. .'. li~' cr, IlijjJ v.: ;,)~ F l.>- -~ ~- 13 on -', Ij", D 0-- .. 5. There have been no prior actions of divorce or for annulment between the parties. 6. Neither Plaintiff nor Defendant is in the military or naval service of the united states or its allies within the provisions of the Soldiers' & Sailors' Civil Rolief Act of the congress of 1940 and its amendments. 7. Plaintiff avers that there are no children of this lIIarriage. 8. The marriage is irretrievably broken. 9. Plaintiff has been advised that counseling is available and that Defendant may have the right to request that the court require the parties to participate in counseling. Plaintiff declines counseling. 10. After ninety (90) days have elapsed from the date of the filing of this Complaint, Plaintiff intends to file an Affidavit consentinq to a divorce. Plaintiff believes that Defendant may also file such an affidavit. 2 WHEREFORE, Plaintiff respectfully requests the Court to enter a decree of divorce pursuant to Section 3301(c) or (d) of the Divorce Code. COUNT 1: EOUITABLB DISTR1:BUTION 11. Paragraphs one (1) through ten (10) of this Complaint are incorporated herein by reference. 12. Plaintiff and Defendant have acquired property, both real and personal, during their marriage. WHEREFORE, Plaintiff respectfully requests this Honorable Court to equitably divide all marital property and dgbt. Respectfully submitted, REAGBR , ADLER, PC , Date, October 2, 1995 By' dPrdL dtnWlf)--' DEBRA A. DENISON, ESQUIRE 3 j. ~ .-I' i ~ -a. 1 "8- -a. ~ '".. 0 - ..... E ..", 0 8 ~ 8 \t) G i.i'-;::-'''I lO "" Q~-'c.,;" \Ii l" ~ ~~o~ '!! .-.':'.:.:'-'):.... l(1 ltj ~ 0- ?i If) ~.:l..":"~_;:. ,... ~ " .;'J'fI - ,I ..~ (.z:::r. III - ~ J d ~..t~-r.. ~ "1 11 11 "r.m~ l..:L - :i 0/ - '" ... :!io 0 C;:) &!~~~ ~~~~8 .~!~~ !;ai~ . . . . . . . . MlIIMliI.J.D..lt...,.ul......n". ON~():)""",,""'1..I."1"'" .. ..,-' .... IUlAOBR & ADLBR, 1'C BYI DIBRA A. DBNISOH, BsgUIRB Attorney I.D. No. 66378 2331 Market street Camp Hill, PA 17011 Telephone: (717) 763-1383 Attorneys for Plaintiff CHANTELLE S. GAMBER, : IN THE COURT OF COMMON PLEAS . CUMBERLAND COUNTY, PENNSYLVANIA NO. 95-5415 Plaintiff v. MATTHEW S. GAMBER, CIVIL ACTION - LAW DIVORCE Defendant APPIDAVIT OP CONSINT 1. A Complaint in divorce under section 3301(c) of the Divorce Code was filed on October 11, 1995. 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety (90) days have elapsed from the date of filing the Complaint. 3. I consent to the entry of a final decree of divorce after service of notice of intention to request entry of the decree. 4. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if I do not claim them before a divorce is granted. ir: .:J' is :<: N b M r-., ~-" o;;S lfo - U"'~ u: " ~~ (:)::,: "~s= In ~-~f..2 I. ~~ I ~:') ..::.. ~t:.~ C:l ;~5iE r~ I-.J t,I.!u... ..... II. -'. _0 ::> Q 0' U '. - >- .:r ~ ~ N ~Q .. .,. C'"' .~)< (""1 ,~ r:? - ~-. - V~~ 0:: ~~ r- e,"j C> -,~, L..: tn ::"'t~ u.. I .l~: ,,' -,- Ii"' cr. tJ rtJ fE w (~! u.. I.L. ~. t5 l.O :::> 1)1 U ... .. RBAGBR , ADLBR, PC BY' DBBO A. DBHISOH, BSQUIRB Attorney I.D. No. 66378 2331 Market street Camp Hill, PA 17011 Telephone: (717) 763-1383 Attorneys for plaintiff CHANTELLE S. GAMBER, : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA . . Plaintiff NO. 95-5415 CIVIL ACTION - LAW v. : . . MATTHEW S. GAMBER, . . DIVORCE Defendant : AFPIDAVIT OF SBRVICB I, Debra A. Denison, Esquire, being duly sworn according to law, depose and state that service of the complaint in Divorce in the above-captioned matter was served by certified mail, restricted delivery, on the Defendant, Matthew S. Gamber, on October 16, 1995. A copy of the certified receipt is attached hereto as Exhibit "A". Respectfully submitted, RBAGBR , ADLBR, PC Date, Ootober 18, 1995 By' BSQUIRB EXHIBrr A 1"""\ ,,-., Z 1I1f? 1f3D Dlf2 ~ Recelpllor .A:" Certified Mall No Insuronco Covorago PrOVided K":'f~u~::::.. Do nol usa tor International Mail ~ " ~ Ie Po$LlOt $ 0.55 Cer1lhedFet 1.10 Specl.lIDfllveryfee AasltlCtedOeltveryf.. 2.75 Relum Receipt Showtng 1.10 to Whom and 00111 Olllrvered Return Receipt ShOWIng 10 Whom. [j Dale, and Addlenee's Address . TOTAL Po$LlOt $ 5.50 j u'" 10/12/95 Z 847 430 042 MR MATTHEW S GAMBER 4166 NANTUCKET DRIVE MECHANICS BURG PA 17055 ~;..~~~..,t:~F>~',,,"";,,:,,,,,,:, _.,.....',.-_ ~,-_ .r....';-."_.. -, ;-::'.~..... .._~_.;__..: .._.,~..._,. "'_'_'~'-:-;-:_~~_ _ ,_".,.._:~., <'~:-'_ 1'3.....------ - - - -- - - - - - - - - - --- -- -- ----, Ir{t~~E,.!,.j,,:' <,", ',' "',llIIIOwlihlO'r8cilWiihe;" , ~t'.~""flllll/.llar__.; <'." .,foIIowIngHlVlcw(larlll\lXlra '''~''''''''''4I'1L . ",' ....,"..., '",' ..' ';;.."':r::ood-..IllI............~~Illil.....-1.D~ ..-......."""'..IllI.......IllI.............lllIlIIdc...... . " ............ i '. , '.' ' ~.--.........RoquioW'on.........._IllI___ 2. ~8ItJ1cIlId DeIlv8ry ;,t.:r"'RocoIp\.._IIl""""'lllIlrdcIo__IllllIlll.... ConaultpostrnatGrforlee. , 10: ,," 1m MATTHEW S GAMBER 4166 NANTUCKET DRIVE CHANICSBURG PA l7055 . 7. I: