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HomeMy WebLinkAbout95-06076 {:; .. :It:'S~ r- ~o ~ . @ . ~ t ... *___"!...:.... .., --: ..:'!C:....::e:',~'.~' ..l!l:,...._'~_~~.:...::~:~'_,!!'.:~::~.:. - .:.:: :~' .>.':.~ 'lie': '~"~:.. ~~~~_~~~'" - . 8 : IN THE COURT OF COMMON PLEAS : 8 OF CUMBERLAND COUNTY 8 : STATE OF ~l PENNA. l , 8 f:l SYLVI/\ M. MAUS, 8 8 Nil. 95-6076~.I~~.L TERM 8 , 8 iii \"'1'.',," f:l iii CARL J. MAUS, _ iii 8 iii 8 ~ ~ iii DECREE IN ~ iii DIVORCE ; 8 II : AND NOW, ' , . . . . , .~.t:,('~, .I:'~ , , . ~ 3.~J. . , " 19, .9,(j . " It Is ordered and 8 , . iii decreed that .... ,s~1;.Y~,~ ,1:1.' ..~l,l!l.. .. .. , .. .. .. .. .. .. .. .. .. ., plaintiff, ., .'. 8 8 and.. ..,.. .. eMU... iJ....$\.!p".. .. .. .. .... . ' .. .. ,.. .... ,.. , .. ", defendant, ::. * are divorced from the bonds of matrimony, ~ ,'. ill . ' ~ The court retains lurlsdiction of the following claims which have : I!I been raised of record In this action for which a linal order has not yet iii iii been entered; ~ /\ND IT IS FURTHER ORDERED, that the terms, conditions and ... II covenants set forth in the written Property Settlement /\greement I W ~ made' ana 'ent'cred' Irito' by the' 'pat,'ties' 'ciri' jury- 30',' '1!j'g'(;;' a'ra' ih'dorpo- ~ I!lIiI , ra.ted. into. this Decree. ,by. r.eference. ,there.to,. but .np.t ,mer.ged. into , ~ this Decree. ill ~ / ~ : lIy ~t,~~"U?/~~ I J Ii. _ Alle,ll ~i'U/I(.(',' t. I~#;;', h....~/f~oYJ, ,~ . '?(~J\" Y .~~ ~~ :~ ft,l ___-~. ' .. ..'" """""'"'' I: t _ .~~~~~.**~.*~..~~.,~.~,~..~.*~.~.**~ .. . .. I .. ... . . jmb/mauD.Bapoa May 2, 1996 ~ PROPERTY SETTLEMENT I\GREEMENT ? THIS AGREEMENT, Made this <-J(;U day of ~'( L,/ 1996, by and between Carl J. Maus, hereinafter r errdd to as "Husband", and Sylvia M. Maus, hereinafter referred to as "Wife". WITNESSETH: WHEREAS, Husband and Wife were lawfully married on July 26, 1975/ and WHEREAS, one child was born of this marriage, namely. Joshua, born August 12, 1978; and WHEREAS, certain differences have arisen between the parties as a result of which they have separated and now live separate and apart from one another, and 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 relating to the past, present and future support and/or maintenance of Wife by Husband or of Husband by Wife; and in general the settling of any and all claims and possible claims by one against the other or against their respective estates for equitable distribution of all marital property; and a resolution of all mutual responsibilities and rights growing out of the marriage relationship; and WHEREAS, the parties hereto, after being properly advised by their respective counsel, Husband by his attorney, Carol J. Lindsay, Esquire, and Wife by her attorney, Sandra L, Meilton, Esquire, have come to the following agreement, NOW THEREFORE, in consideration of the above recitals and the following covenants and promises mutually made and mutually to be kept, the parties heretofore, intending to be legally bound and to legally bind their heirs, successors and assigns thereby, covenant, promise and agree as follows! 1. I3EPARATION: It shall be lawful for each party at all times hereafter to live separate and apart from the other at such place or places as he or she may from time to time choose or deem fit. - 1 - .' , jmb/maus.eapea May 2/ 1996 2, INTERFERENCE: Each party shall be free from interference, authority and contact by the other, as fully as if he or she were single and unmarried, except as may be necessary to carry out the provisions of this Agreement. Neither party shall molest the other nor attempt to endeavor to molest the other, nor compel the other to cohabit with the other, nor in any way harass or malign the other, nor in any way interfere with the peaceful existence, separate and apart from the other in all respects as if he or she were single and unmarried. 3. WIFE'S DEBTS: Wife represents and warrants to Husband that since their separation on September 1, 1995 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 shall indemnify and save Husband harmless from any and all claims or demands made against him by reason of debts or obligations incurred by her, 4. HUSBAND/S DEBTS: Husband represents and warrants to Wife that since their separation on September 1/ 1995 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 shall indemnify and save Wife harmless from any and all claims or demands made against her by reason of debts or obligations incurred by him. 5, OUTSTANDING JOINT DEBTS, Wife agrees, as set forth in Paragraph 9 below, that she shall be solely responsible for the lien held by the Ford Motor Credit Company and that she shall pay said lien in accordance with its terms. Wife further agrees to hold Husband harmless on said obligation. If any claim, action, or proceeding is hereinafter instituted seeking to hold Husband liable for such debt or obligation, Wife will, at her sole expense, defend Husband against any such claim, action, or proceeding, whether or not well founded, and indemnify him against any loss resulting therefrom. Husband agrees to pay all other outstanding joint debts and obligations Qf the Husband and Wife as set forth below incurred prior to the separation of the parties hereto, - 2 - jmb/maua~ aapah May 2, 1996 " , , . . Husband further agrees to hold Wife harmless on all such obligations of Husband. If any claim, action, or proceeding is hereinafter instituted seeking to hold Wife liable for such debts or obligations, Husband will, at his sole expense, defend Wife against any such claim, action, or proceeding, whether or not well founded, and indemnify her against any loss resulting therefrom, Husband shall undertake to liquidate all of the parties' assets as identified in this Agreement and attachments hereto and he shall utilize the net proceeds from the liquidation of the assets to payoff the marital debt. For the purposes of this Paragraph, "net proceeds" shall be defined as the balance remaining of the sale price, less all outstanding mortgages and liens, taxes, realtor's commissions, costs incident to sale and capital gains taxes. Husband shall provide Wife with evidence of the net proceeds received from the liquidation of the assets as liquidation occurs and he shall keep Wife advised of the reduction of the outstanding obligations as identified in this paragraph. Husband shall have the right to compromise claims and settle claims without Wife's permission. Husband shall, however, at all times, keep Wife fully apprised of the manner in which he is using these net proceeds and agrees that the net proceeds shall be used to liquidate the partiea' liabilities. Further, it is understood that Husband has complete discretion to utilize the net proceeds from the sale of the assets as he deems appropriate for the satisfaction for the parties' outstanding liabilities, Debt D.O.S. Value 517 West Main Street, Mechanicsburg mortgage held by GMAC Mortgage Corp. 412 Fried Drive, Dauphin mortgage held by First Federal 40 Affection Road, Dauphin mortgage held by Harris Savings $128,104.09 65,209.08 43,698.17 389 Aspen Street, Middletown mortgage held by Integra Mortgage 27,748.47 Pizza Shop Sales Agreement to Frank Marte 13,025,86 Personal Loan with CoreStates Bank Account No, 6,014.81 - 3 - jmb/maUB~ BapBh May 2, 1996 .. ~ D.O,S, Value CoreStates Visa Account No, 12,166.61 Credit Line - CoreStates Account No, 3,823.00 CoreStates - Visa Account No, 4,469,85 Citibank - Visa Account No, 4,407,59 HFC 1,465.27 4,248.82 Discover Credit Card Account No. Prime Option MasterCard Account No. 2,100,86 Montgomery Ward Credit Card Account No, 1,870.00 Shell MasterCard Account No, 2,381. 74 Cornerstone MasterCard Account No. 1,889.99 Commercial Credit 1,961.82 1,316,91 HRS J.C, Penney Credit Card Account No. 391,78 G.M, Card Account No. 931. 32 Sears Account No. 224.35 Syl Worhacz Ford - car repairs Holy Spirit Hospital 1,500.00 1,432.14 .4- jmb/mauB~ Bapoll May 2, 1996 " . , I I ~ D.O,S. yalue Painting Contractor 2,240,00 Roofing Contractor 1,500.00 Both parties recognize the possibility that if Husband is unable to obtain sufficient funds from the sale of the marital assets, he may be required to file a personal bankruptcy, In the event that it becomes necessary for Husband to file a bankruptcy petition, Husband shall provide Wife with a minimum of ninety (90) days' notice of his intent to do so. On the condition that Husband provides Wife with said notice and finalizes the bankruptcy, Husband'S obligation to indemnify Wife under the terms of this Paragraph is eliminated. i 6. CASH SETTLEMENT: Following the liquidation of all of the assets and satisfaction of the parties' liabilities, Husband agrees that he shall pay to Wife, within thirty (30) days of the sale of the last asset, 50% of the amount remaining after satisfaction of the parties' joint liabilities as listed in paragraph 5 above, Further, Husband agrees to pay to Wife a minimum of Ten Thousand ($10,000.00) Dollar as a result of the liquidation of the marital assets, To the extent that Wife has not received a total of Ten Thousand ($10,000.00) Dollars as a result of Husband'S liquidation of assets and payment to Wife of net proceeds from those assets, Husband shall be responsible to pay Wife the difference between what she has received and $10,000.00 within thirty (30) days of the sale of the last asset or within five (5) years from the date of the signing of this Agreement, whichever shall first occur. Examole: Once all the joints debts have been paid, if the total amount due to Wife as a result of this process is $5,000, Husband shall be obligated for an additional payment of $5,000 to Wife within the time frame designed above, If the total amount due to Wife as a result of this process is $15,000, Husband shall not be obligated to pay any additional amount to Wife beyond the $15,000, - 5 - jmb/maua~ aapah May 2, 1996 .. I . 7. EOUITABLE DISTRIBUTION OF MARITAL PROPERTY: The parties have attempted to distribute their marital property in a manner which conforms to the criteria set forth in 23 Pa.C,S,A. Section 3501 ~. ~, and taking into account the following considerations: the length of the marriage; the fact that it is the first marriage for both Husband and Wife, the age, health, station, amount and sources of income, vocational skills, employability, estate, liabilities and needs of each of the parties; the contribution of each party to the education, training or increolsed earning power of the other party; the opportunity of each party for future acquisitions of capital assets and income; the sources of income of both parties, including but not limited to medical, retirement, insurance or other benefits; the contribution or dissipation of each party in the acquisition, preservation. depreciation or appreciation of the marital property, including the contribution of each spouse as a homemaker; the value of the property set apart to each party; the standard of living of the parties established during the marriage; and the economic circumstances of each party at the time the division of property is to become effective. The division of existing marital property is not intended by the parties to constitute in any way a sale or exchange of assets, and the division is being effected without the introduction of outside funds or other property not constituting marital property. The division of property under this Agreement shall be in full satisfaction of all marital rights of the parties. A. DISTRIBUTION OF PERSONAL PROPERTY: The parties hereto mutually agree that they have effected a satisfactory division of the furniture, household furnishings, appliances, and other household personal property between them, and they mutually agree that each party shall from and after the date hereof be the sole and separate owner of all such tangible personal property presently in his or her possession, except as set forth in Exhibit "A" attached hereto, which items shall be distributed in accordance with Exhibit "A", and this Agreement shall have the effect of an assignment or bill of sale from each party to the other for such property as may be in the individual possession of each of the parties hereto and as set forth in Exhibit "A", The parties hereto have divided between themselves, to their mutual satisfaction, all items of tangible and intangible marital property, Neither party shall make any claim to any such items of marital property, or of the separate personal property of either party, which are now in the possession and/or under the control of the other, or which property will be distributed in - 6 - jmb/mauB~sapBh " May 2, 1996 accordance with Exhibit "A" attached hereto. 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 wife shall each be deemed to be in the possession and control of his or her own individual pension or other employee benefit plans or retirement benefits of any nature with the exception of Social Security benefits to which either party may have a vested or contingent right or interest at the time of the signing of this Agreement, and neither will make any claim against the other for any interest in such benefits, From and after the date of the signing of this Agreement, both parties shall have complete freedom of disposition as to his/her separate property and any property which is in their possession or control pursuant to this Agreement and may mortgage, sell, grant, convey, or otherwise encumber or dispose of such property, whether real or personal, whether such property was acquired before, during or after marriage, and neither Husband nor Wife need join in, consent to, or acknowledge any deed, mortgage, or other instrument of the other pertaining to such disposition of property, B. DISTRIBUTION OF ASSETS: Attached hereto and marked as Exhibit "B" is a list of assets prepared by Husband, Husband represents that the attached Exhibit "B" is a full and complete disclosure of all of the assets acquired during the parties' marriage. Wife represents that she has made a full and complete disclosure of all assets which she acquired during the parties' marriage and represents that she is aware of no other assets other than those listed on Exhibit "B", Based on this representation and based upon Husband's agreement to sell these assets and to utilize the proceeds to satisfy the parties' liabilities listed in paragraph 5 above, and based on Husband's further representation to make the cash payment to Wife as set forth in paragraph G above, Wife hereby agrees to transfer to Husband all of her right, title and interest to the assets listed on Exhibit "B". wife shall, simultaneous with the signing of this Agreement, sign all documents necessary to transfer her right, title and interest to Husband, - 7 - jmb/maus', sapsh May 2, 1996 C. TAX LIABILITY: The parties believe and agree, and have been so advised by their respective attorneys, that the division of property heretofore made by this Agreement is a non-taxable division of property between co-owners rather than a taxable sale or exchange of such pl'operty, Each party promises not to take any position with respect to the adjusted basis of the property assigned to him or hel' or wi th l'espect to any other issue which is inconsistent with the position set forth in the preceding sentence on his or her Federal or State income tax returns, 0, MUTUAL RELEASE: Subject to the provisions of this Agreement, each party has released and discharged, and by this Agreement does for himself or herself, and his or her heirs, legal representatives, executors, administrators and assigns, release and discharge the other of and from all causes of action, claims, rights or demands whatsoever in law or equity, which either of the parties ever had or now has against the other, except any or all cause or causes of action for divorce and except in any or all causes of action for breach of any provisions of this I\greement, Subject to the provisions of this Agreement each party waives his or her right to alimony and equitable distribution 01' property notwithstanding the Pennsylvania "Divorce Code" known as Act No, 26-1900 and as amended by Act No, 13-1988. Each party also waives his/her right to request marital counseling pursuant to 23 Pa.C.S.A. Section 3302, 9, MOTOR VEHICLES: With respect to the motor vehicles owned by one or both of the parties, they agree as follows: (a) the 1994 Ford Mustang shall become the sole and exclusive property of Wife subject to the lien held by the Ford Motor Credit Company, Wife covenants and agrees to pay and discharge the existing lien on the vehicle in accordance with its terms. Once the lien has been satisfied, Husband will transfer all of his right, title and interest in said vehicle to Wife. In the event Wife defaults on the lien and the vehicle is repossessed, Husband shall have the option of selling the vehicle to payoff the balance of the lien, In the event that Husband chooses not to take this action and the vehicle is repossessed, Wife ahall indemnify and hold Husband harmless against any claim on the deficiencYt , B ' jmb/maus';sapsh .. May 2, 1996 (b) the 1990 Ford Taurus shall become the sole and exclusive property of Husband free and clear of all liens and encumbrances; (c) the 1986 Crown Victoria Stationwagon is presently being Bold by the parties. Husband shall retain the proceeds from the sale of this vehicle and utilize them to help defray his obligation under the marital debts as listed in paragraph 5 above, and (d) the titles to the said motor vehicles shall be executed by the parties, if appropriate for effecting transfer as herein provided, on the date of execution of this Agreement and the said executed title shall be delivered to the proper parties on the distribution date, 10, COLLEGE EDUCATION: Husband agrees that he shall be solely responsible for payment of all expenses incident to Joshua/s higher education provided as follows: (a) that average of a minimum of a "C" academic year; and Joshua maintains a grade point or its equivalent in the preceding (b) that Joshua apply for all grants, loans and scholarships available to him, wife agrees to take legal custody of Joshua in the event that Joshua would receive more favorable treatment for financial aid than he would be entitled to should Husband remain as his custodian; however, Wife's agreement to cooperate in this fashion is specifically limited to actions which are permissible by law. 11 . ALIMONY: Husband agrees to pay Wife the sum of $600 per month for the support and maintenance of Wife, Such obligation for support to Wife shall commence in September, 1995 and shall continue until the happening of the earlier of the following eventsl A, Wife's death, or, B. September, 1999, It is understood that a full payment shall be made in the month of September, 1999 and shall be - 9 - jmb/maus', sapsh " May 2, 1996 for the month of September and this shall be the last payment due and owing to Wife. In the event that Wife should cohabit with a member of the opposite sex who is not a member of Wife's immediate family within the degrees of consanguinity or remarry prior to September, 1999, then and in that event, the alimony payments shall be reduced to $400 per month and shall continue for the balance of the term as set forth above. Wife acknowledges and agl'ees that the provisions of this Agreement pl'oviding for the payment of alimony to her by Husband are fair, adequate, and satisfactory to her and are based upon her actual need, Husband's ability to pay, the duration of the parties' marriage and other relevant factors which have been taken into consideration by the pal't ies, The approval of this Agreement by a court of competent jurisdiction in connection with an action in divorce or annulment filed by Husband or Wife shall be deemed an order of the court and may be enforced as provided in 23 Pa,C,S,A, Section 3701, Husband agrees that should he be in a financial position to not deduct the above-noted alimony payments to Wife from Husband's gross income pursuant to the provisions of Section 215 of the United States Internal Revenue Code of 1954, he will not take said deduction. It is agreed between the parties that Husband will make this decision and advise Wife in sufficient time for her to timely file her tax return for the applicable tax year, If Husband makes this determination and advises Wife of same, Wife shall be permitted to not include said alimony for the applicable tax year in the income of Wife within the meaning and intent of Section 71 of the United States Internal Revenue Code of 1954, 12, HEALTH INSURANCE: Husband agrees that he shall pay Wife's health insurance premiums to assure that Wife remains insured through September 1, 1996. Furthel', Husband agrees to pay Wife's deductibles on her medical and dental insurance, Husband agrees to pay these amounts through the earlier of September 1, 1996 or until Wife obtains full-time employment and becomes eligible for health insurance benefits through her employer. Further, Husband shall provide verification to Wife as requested to confirm that the health insurance provided for herein is in effect. I\ny amounts listed herein paid by Husband for health insurance benefits for Wife, shall not be alimony and shall not be deductible to Husband nor includable in Wife's income for tax purposes. , 10 - jmb/mauB~ BBpBh May 2, 1996 . . . . 13, CAR INSUR~ Husband agrees to pay for Wife's automobile insurance through April 1, 1997. Further, Husband shall provide verification to Wife as requested to confirm that the car insurance provided for herein is in effect. Any amounts listed herein paid by Husband for car insurance benefits for Wife, shall not be alimony and shall not be deductible to Husband nor includable in Wife's income for tax purposes. 14, LIFE INSURANCE INSURING WIFE: Husband agrees to insure Wife on Husband's life insurance policy through September 1, 1996. Further, Husband shall provide verification to Wife as requested to confirm that the life insurance and beneficiary designations provided for herein is in effect. Any amounts listed herein paid by Husband for life insurance benefits for Wife, shall not be alimony and shall not be deductible to Husband nor includable in Wife's income for tax purposes. 15, LIFE INSURANCE INSURING HUSBAND: Husband agrees to continue to maintain in full force and effect the insurance policies on his life in an amount sufficient at all times to equal the total amount of joint liabilities as listed in Paragraph 5 hereot and Husband's obligation under Paragraph 6 hereof. Husband's ownership of said insurance policies shall be subject to the following conditions: (a) He shall maintain the insurance in full force and effect, paying all premiums due thereon and shall not borrow against, assign, pledge, or otherwise encumber the insurance, nor surrender it to obtain its cash value; (b) He shall immediately designate Sylvia M. Maus, as irrevocable beneficiary of the insurance until the obligations of Paragraphs 5 and 6 have been met, after which time, Husband shall be permitted to change the beneficiary designation if he so chooses; and (c) Within thirty (30) days after the execution of this Agreement, Husband shall deliver to Wife or her attorney satisfactory proof that the irrevocable beneficiary designation has been properly endorsed on each insurance policy and that the insurer has received notice of restrictions placed upon Husband's ownership of the insurance by the terms of this - 11 - jmb/maus~ sapsh May 2, 1996 . . . , Agreement. The Husband shall also request that duplicate premium statements and receipts be mailed by the insurers to Wife. 16, PENSION: To the extent applicable, each party shall retain his or her 401K plans, pension plans and stock option plans, 17. ALIMONY PENDENTE LITE. COUNSEL PRES. AND EXPENSES: Husband and Wife acknowledge and agree that the provisions of this Agreement providing for the equitable distribution of marital property of the parties are fair, adequate and satisfactory to them. Both parties agree to accept the provisions set forth in this Agreement in lieu of and in full and final settlement and satisfaction of all claims and demands that either may now or hereafter have against the other for alimony pendente lite, counsel fees or expenses or any other provision for their support and maintenance before, during and after the commencement of any proceedings for divorce or annulment between the parties. 18. INCOME TAX PRIOR RETURNS: I i I 1 I ..1 !l '1 I ! i , I I I I I I I The parties have heretofore filed joint federal and state tax returns. Both parties agree that in the event any deficiency in federal, state or local income tax is proposed, or any assessment of any such tax is made against either of them, each will indemnify and hold harmless the other from and against any loss or liability for any such tax deficiency or assessment and any interest, penalty and expense incurred in connection therewith. Such tax, interest, penalty or expense shall be paid solely and entirely by the individual who is finally determined to be the causp. of the misrepresentations or failures to disclose the nature and extent of his or her separate income on the aforesaid joint returns. 19, 1995 INCOME TAX RETURN: The parties agree that they shall file a joint federal and state tax return for 1995. In the event that there is liability owing to either the Internal Revenue Service or the Commonwealth of Pennsylvania, Husband shall be solely liable for such tax payment. In the event that the parties are entitled to a refund from either the state or federal government as a result - 12 - jmb/maua', aapaa May 2, 1996 of the joint filing, the refund shall be divided equally between the parties, 20. WI\IVERS OF CLAIMS I\GI\INST ESTATES: Except as herein othel'wise pI'ovided, each party may dispose of his or her pl'opel'ty in any way/ and each party hereby waives and relinquishes any and all I'ightlJ he or nhe may now have or hereafter acquire, undel' the prenent 01' futul-e laws of any jurisdiction, to shal-e in the property or the entate of the other as a result of the marital !'elationship, including without limitation, dower, curtesy, statutOl'y allowance, widow's allowance, right to take in intestacy, right to take against the will of the other, and right to act as administl'ator 01- executor of the other's estate, Each will, at the request of the other, execute, acknowledge and deliver any and all instnlments which may be necessary or advisable to carry into effect this mutual waiver and relinquishment of all such intel"ests, dghts and claims, 21, AGREEMENT NOT PRED1CI\TED ON DIVORCE: 1t is specifically understood and agreed by and between the parties hereto and each of the said parties does hereby warrant and l'epresent to the othel', that the execution and delivery of this Agreement is not predicated upon nor made subj ect to any agreement for institution, prosecution, defense, or for the non-prosecution or non-defense of any act ion for divorce; provided, however, that nothing contained in this Agreement shall prevent or preclude either of the parties hereto from commencing, instituting or prosecuting any action or actions for divorce, either absolute or otherwise, upon just, legal and proper grounds; nor to prevent either party from defending any such act ion which has been / mayor shall be instituted by the other party, or from making any just or proper defense thereto. It is warranted, covenanted and represented by Husband and Wife, each to the other, that this Agreement is lawful and enfOl'ceable and this wan"anty / covenant and representation is made for the sped fie PU1"pOSe of inducing Husband and Wife to execute the Agreement, Ihwband and Wife each knowingly and understandingly hereby waives any and all possible claims that this I\greement is / for any l-eason, i l] egal 0)' for any reason whatsoever / unenforceable in wholl~ or in pal't, lIunband and Wi fe each do hereby warrant, covenant and agl'ee that / in any possible event, he and she are and shall fOl'ev'~r be estopped from asserting any illegality or unenforceability as to all or any part of this Agreement, - 13 ' jrnb/maus', sapoa May 2, 1996 . , 22, pUBSEOUENT DIVORCE; wife has filed a complaint in Divorce against Husband, The parties agree that they will sign Affidavits of Consent and that the Affidavits of Consent will be filed with the Court within the requisite thirty (30) days from the signing thereof, Neither party shall finalize the divorce action prior to september 1, 1996 to assure that Wife can continue to be covered on Husband's health insurance and automobile insurance as indicated in paragraphs 12 and 13 above, After september 1,1996, either party may file a praecipe to Transmit the Record with each party required to provide the other party or his or her attorney with a waiver of any notice of intention to file the praecipe to Transmit the Record. In the event such divorce action is concluded, the parties shall be bound by all the terms of this Agreement which shall not be incorporated by reference into the Divorce Decree, shall not be merged in such Decree, and shall not be modified, but shall in all respects survive the same and be further binding and conclusive upon the parties, The parties agree that they shall promptly execute Affidavits of Consent and Waiver of Notice on september 1, 1996, or when Wife obtains employment which provides medical insurance, whichever shall first occur, 23. BREACH AND ENFORCEMENT; I f 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 seek such other remedies or relief as may be available to him or her, and the party breaching this Agreement shall be responsible for payment of legal fees and costs incurred by the other in enforcing his or her rights under this Agreement. 24, ADDITIONAL INSTRUMENTS; Each of the parties shall from time to time, at the request of the other, execute, acknowledge and deliver to the other party any and all further instruments that may be reasonably required to give full force and effect to the provisions of this Agreement. - 14 - jmb/mauo', sapsa May 2, 1996 " 25, OPPORTUNITY TO OBTAIN ADVICE OF INDEPENDENT TAX COUNSEL OR ACCOUNTANT: Both parties acknowledge and agree that they have had the opportunity to retain tax attorneys, accountants, tax advisors, or certified public accounts with reference to the tax implications of this I\greement, 26. TAX ADVICE: Both parties hereto hereby acknowledge and agree that they have had the opportunity to retain their own accountants, certif ied public accounts, tax advisor, or tax attorney with reference to the tax implications of this Agreement. Further, neither party has been given any tax advice whatsoever by their respecti ve attorneys. Further both parties hereby acknowledge that they have been advised, by their respective attorneys, to seek their own independent tax advice by retaining an accountant, certified public account, tax attorney, or tax advisor with reference to the tax implications involved in this Agreement. Further, the parties acknowledge and agree that their signatures to this Agreement serve as their acknowledgment that they have read this particular paragraph and have had the opportunity to seek independent tax advice. 27. VOLUNTARY EXECUTION: The provisions of this Agreement and their legal effect have been fully explained to the parties by their respective counsel, and each party acknowledges that the Agreement is fair and equitable, that it is being entered into voluntarily, with full knowledge of the assets of both parties, and that it is not the result of any duress or undue influence. The parties acknowledge that they have been furnished with all information relating to the financial affairs of the other which has been requested by each of them or by their respective counsel, 28, ENTIRE AGREEMENT: This Agreement contains the ent ire understanding of the parties and thel'e are no representations, warranties, covenants or undertakings other than those expressly set forth herein, Husband and Wife acknowledge and agree that the provisions of this Agreement with respect to the distribution and division of marital and separate property are fair, equitable and satisfactory to them based on the length of their marriage and other relevant factors which have been taken into consideration by the parties, Both , 15 ' ~ C") .... N f.. .. .. "i~ I~ N ',) :c ,) 11. ')1 \D - ,) U I' i~ r..:: ~ " u. 'I' ~'i " 0 0' U - , . z ~" !- ~ ~ E ~ l~i~~~ s~l~~i Q - ! \01 ~= r tl: :: , , ~ ~ l\I ~~f f: '~~ \0 - /~~ g} m a SYLVIA M. MAUS, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND ~OUNTY, PENNSYLVANIA CIVIL ACTION - LAW N 11:) 1.07(0 (i;(,L-:t--.:.JLA/n"--' o. - U' v, CARL J. MAUS, Defendant IN DIVORCE NOTICE TO DEFEND AND CLAIM RIGHTS You have been sued in court, I f you wish to defend against the claims set forth in the following pages, you must take prompt action. You are warned that if you fail to do so, the case may proceed without you and a decree of divorce or annulment may be entered against you by the court. A judgment may also be entered against you for any other claim or relief requested in these papers by the plaintiff, You may lose money or property or other rights important to you, including custody or visitation of your children. When the ground for the divorce is indignities or irretrievable breakdown of the marriage, you may request marriage counseling, A list of marriage counselors is available in the Of fice of the Prothonotary at the Dauphin County Court House, Front and Market Streets, Harrisburg, PA 17101. IF YOU DO NOT FILE A CLAIM FOR ALIMONY / DIVISION OF PROPERTY, LAWYER'S FEES OR EXPENSES BEFORE A DIVORCE OR ANNULMENT IS GRANTED, YOU MAY LOSE THE RIGHT TO CL/\IM ANY OF THEM. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT /\FFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CN~ GET LEGAL HELP. Pennsylvania Lawyer Referral Service Pennsylvania Bar Association P,O, Box 1B6 Harrisburg, PA 17108 (BOO) 692 -7375 HEPFORD. SWARTZ & MORGAN 111 North Front Street P,O, Box 8B9 Harrisburg, P/\ 17108-0B89 (717) 234-4121 /\TTORNEYS FOR PL/\INTI FF 15. Defendant ia full well and able to pay plaintiff Alimony, I\limony Pendente Lite, counsel fees and expenses. WHEREFORE, plaintiff requests the Court to enter a Decree: 1\, Dissolving the mal'riage between plaintiff and Defendant; 11. Equitably distributing all property owned by the parties heretol C. Dh'ecting the Defendant to pay Alimony to the plaintiff. IJ, Directing the Defendant to pay Alimony Pendente Lite and Plninti[[ 'n counsel fees and the costs of this proceeding I and lL For Buch further relief as the court may determine equitable and just, , ~~ -Ia;;/1 . f.{,,,"\-/,/~~' Sandra L. Mellt n, Esquire HBPFORn, SWARTZ & MORGAN 111 North Front Street P.O, Box 889 Harrisburg, PA 17108-0889 (717) 234-4121 ATTORNEYS FOR PLAINTIFF . , VERIFICATION I, the undersigned, Svlvia M, Maus acknowledge that the facts stated in the foregoing Complaint are true and correct to the best of my knowledge, information and belief. I understand that any false statements herein are made subject to the penalties of 18 Pa, C.S,A. Section 4904 relating to unsworn falsification to authorities. Dated I /1) . ~ . ca.5- ~,,31.~~ ~lVia ,Maus '- " 1> ~ lJ') tn . f'l ,") \r, In 1..,. , ,; '''x . 1,:,. "-l "-' ......:. "-J ........ '(<; -J '.I") (..) rf ll$ , , '-J I" Ii ,,.)-' ~ :':' ., N l>..'._' ('0') .... - -...{. ~ e s, ~~"" "'..... '- 1"(, ~ f't) ... I'.... "" ,\ \..:-) ':;J. '"'" '0r~ 1"''1 ('-,J .... t,) C) }:~ "" '\~ '0 z 15 'a e olj .;; & i ~ ~~1~~~ j~j~~1 Q - ~... ~= ~.: It : w << :c :z: I " .' , , . . . I . , . . . ,. "".+"",i'fi~ , '''"'wlthto;r~lvt!u..i'M;rl '~tA::;::r:~::I\tt! " ";1 ,J iJ ';j " ;,1 ~1 ".c".; . Z 32L 397 <;78 ~ Receipt for Certified Mall No Insuflnce Covetl!lQe Pfovided '=ll:'.\'t.n 00 nol use tor IntemlllOnl' Mail ISee Rev8tsul iii S';i'~l J. Maus ~ fi 511...t .",j Nu I ~~ ~"'~":'i~,~~n street 170 5 I ~::!1anlCSPUrg, :/\, r ,~ II r;~ll.l.".lru If 5,;;;-; ,.' lh..:',~" 'H llUI""'"' I'. ,,"'. ,~, ,;? /'i- l'Hum 11,., "'" "'''''''''~ 1"~"",,,"lJ,,h' !/..."t"".t . / 'j II+Olu'" lit". "'1'1 ',''''''''''1 "" ~', 11.11' of'''. I"U'n~.."l" '.'1';" 1111"11".."-;" 'It..-, Il~llll,.l!. 'I' l;_.Io' 10/24/95 N ~ C'\/ .. C'\/ 8~ :II:: 0.. "! \D - f~ Ll l.I.l C ;:l! U) d 0'\ 1, , . , . , . . . . . , . . . " , ., . , SYLVIA M. MAUS, I IN THE COURT OF COMMON PLEAS I CUMBERLAND, PENNSYLVANIA Plaintiff I I NO. 95-6076 CIVIL TERM v. I I CIVIL ACTION -- LAW CARL J. MAUS, Defendant IN DIVORCE KAIVBR or NOTICB or INTBNTION TO RBQUBST BNTRY or A DIVORCB DBCRBB UNDER SICTION 3301(c) or THB DIVORCB CODB 1, I consent to the entry of a final decree of divorce without notice. 2, I understand that I may lose rights concerning ~limony, division of property, lawyer'S fees or expenses if I do I " " {!':uot, claim",them before a divorce is granted. 1,1 ' , , 3. I understand that I will not be divorced until a ',' '.. .,_. c" ~'>(iivorce decree is entered by the Court and that a copy of the I ' , ~. I, . decree will be sent to me immediately after it is filed with the ~ t.; l prothonotary. 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. Section 4904 relating to unsworn falsification to authorities, Date I 12/13/96 ~ ('oJ ~ N N 5i (.) ::r: u ~ ::ii :;J5:! \D j!iJ ~ ~m \Q a 0\ . - ~ . , ' . . " .. . . '0 fr. _1' i;: ~ c: r1 ~1 l:~~~ ~j'i ():~.. 1 If l..:... ,~;~ ~' ,- ~4 ( , CTl ':'.;1 ( I, :r ("'J '!r'l If ~J: f.;' dl6) ::ti 1')0.. <,' II. \.u c3 (j ":ll . .. .... , , . , , . ' . , ~:\m...\.md.vil !it... 4ln7-'ll.1I ,. . . ' ... t I' . , . . . .. . 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 statement made in this Affidavit are true and correct. I understand that false statements herein are made subject to the penallles of 18 Pa, C,S, ~4904 relating to unsworn falsification to authorllles, Date: B {.a0 '1(" \k~I\D(~ arl J, a~s l ~ ..:t' G c t~.: ...~ ~'')''r ~~' [.1;" l t.) .,.. 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