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HomeMy WebLinkAbout95-06370 ~____~_____~~_~~~_~_t~_~_~____~ 81 "-~----""'-"--" --,- ..., "" ......,.- '. - ., ~ . -' ,... ,. ,.-... .... ..... ....,~ ,....,.. -' · lllN THE COURT OF COMMON PLEAS : 81 OF CUMBERLAND COUNTY ~ iii ' , ~ 8 M ~ ' ~ STATE OF ;~!':f t PENNA. : 8 8 8 8 8 LAWRENCE f. GETZ w i\ lJ, 95-liUo. ctvJJ,Term ... 8 Plaintiff 8 8, VI'I':.;II,..; 8 ~ DEBORAH A. GETZ 8 8 ",' Defendant .. 8 8 ~! 8 :1 oDE,e R~: c;.'t .. 7.-'.I~P.41 : ~l ~ lX 0'1(0 ~ w ~ AND NOW., " " , ..11'1, ", 19 "'" it Is ordered and ~ 8 iii 8 decreed that ,'~,a.l'!J;'enc~. ,'.', ,G~tz, , , , . . , . , . , " , ,. ".., , . , '. plaintiff, 8 8 and" PIl,QQfflh ,A" qE:t~". ,..",.' "", defendant. iii 8 are divorced from the bonds of matrimony, ~ 8 ~ 8 The court retains jurisdiction of the following claims which have ~ 8 been raised of record In this action for which a final order has not yet ~ iii been entered; : , ~ , , ,1:11e, .~e.PB:r:~t.i,~n. .~~ .~~~r:t.Y .~~~t:.l.~~llt. .~gr:~~l~~~~ .q~~~ .~~~')~r; .~~" . ~~~~ . ~ 8 " ' ,a,~ ,r:~,qr:q~ ,t,q ,t11ei\qq~~-,captiol1ed ,tel1nal1dl)umber: IIj ,~l)<;OI];X?r:i\~ed ,tXlr:q~ ... but not merged herewith. ~ ~ 8 8 ~ . ~ ,- _. ...., .. ... .' 4 . AI'. ~'ll(u,<'I' f' IW"',. &~'I.'~' '-~~'l~ /:" ,~d~ .U//;. '" / . 71\((11 IIlIlIul 1\ 1")' ~ .~.~~.~.*~..~..~~,~..~.,~~,~.~:,** ~ '10; \ ' \~ M ., * '1l ~ ~ ~ . vetlprop...t\dam..rtc SBPARATION AND PROPBRTY SBTTLBMENT AGRERMRNT THIS AGREEMENT is made this ;~%-ay of November, 1995 by and between DEBORAH A. GETZ, pl'esently of 327 Stoner Road, Mechanicsburg, cumberland County, Pennsylvania, hereinafter referred to as "Wife". - AND - LAWRENCE F. GETZ, presently of 327 Stoner Road, Mechanicsburg, Cumberland County, Pennsylvania, hereinafter referred to as "Husband". WITNESSETH, WHEREAS, Husband and Wife were lawfully married on November 2, 1974/ and WHEREAS, one child has been born of thib marriage, NINA M. GETZ, born March 28, 1975 and now an adult/ and WHEREAS. diverse unhappy marital difficulties have arisen between the parties causing them to believe that their marriage is irretrievably broken, as a result of which they now live separate and apart from one another, the parties being estranged due to such marital difficulties/ and . . WHEREAS. Husband is about to file a Divorce Action before the cumberland County Court of Common Pleas on no-fault grounds; and WHEREAS, the parties I~reto 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 ownership of real and personal property; and in general. the settling of any and all claims and possible claims by one against the other or against their respective estate. particularly those responsibilities and rights growing out of the marriage relationship, whether or not the parties reside together; and WHEREAS, the parties have made full disclosure to each other of their assets and liabilities and have agreed on a settlement of all property rights and differences existing between them; NOW. THEREFORE. in considerat ion of the premises and of the promises, covenants and undertakings hereinafter /Jet forth and for other good and valuable consideration. the receipt of which is hereby acknowledged by each of the parties hereto. Husband and Wife, each intending to be legally bound hereby, covenant and agree as follows: . . 1. SEPARATION, 1 t 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. fL'om time to time. choose or deem fit. Each party shall be free from interference, authority or 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, Nei ther party shall molest the other or attempt to endeavor to molest the other, nor compel the other to cohabit 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, A reconciliation will not void the provisions of this agreement, Should a decree. judgment or order of separation or divorce be obtained by either of the parties in this or any other state, country or jurisdiction. each of the parties hereby consents and agrees that this Agreement and all of its covenants shall not be 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 term of this Agreement, whether or not either or both of the parties shall remarry. it being understood by and between the parties hereto that this Agreement shall be incorporated in but shall not be merged into any decree. judgment. or order of divorce or separation, It is specifically agreed, however, that a copy of this Agreement: or the substance of the provisions . " thereof, may be incorporated by reference into any divorce, judgment or decree. This incorporation, however, shall not be regarded as a merger. it being the specific intent of the parties to permit this Agreement to survive any judgment and to be forever binding and conclusive upon the parties. 2. EFFECTIVE DATE. The effective date of thiD Agreement shall be the "date of execution" or "execution date~, defined as the date upon which it is executed by the parties if they have each executed the Agreement on the same date. Otherwise, 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. 3. DEBTS AND OBLIGATIONS, Husband represents and warrants to Wife that since August 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 such debts or obligations incurred by him si nce the date of said separation, except as otherwise set forth herein, Wife represents and warrants to Husband that since August 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 such . debts or obligations incurred by her since the date of said separation, except as otherwise set forth herein. Husband promises to indemnify and hold harmless Wife from the debt for which he takes responsibility and Wife promises to indemnify and hold harmless Husband from the debt for which she takes responsibility, 4. MUTUAL RELEASES. Husband and Wife do hereby mutually remise, release, quit-claim or forever discharge the other and the estate of such other. for all time to come, and for all purposes whatsoever, from any and all rights, title and interest, or claims in or against the estate of such other, of whatever nature and wherever situate, which he or she now has or at any time hereafter may have against such 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. of claims in the nature of dower or curtesy, or widow I 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 I s estate, whether arising under the laws of Pennsylvania. any state, commonwealth or territory of the United States. or any other country; or any rights which either party may now have or at any time hereafter have for paet, present or future support or maintenance. a1 imony, alimony pendent.e. lJ..tj:, counsel fees, costs or expenses, whether arising as a result of the marital relation or otherwise, except and anI y except all rights and agreements and obligations of whatsoevel' nature arising or which may arise under this Agreement or for the breach of any provision thel'eof. It is the intention of Husband and Wife to give to each other by the execution of this Agreement a full. complete and general release with respect to any and all propel'ty of any kind or nature, real, personal or mixed. which the other now owns or may hereafter acquire, except. and only except, all rights and agreements and obligations of whatsoever nature arising or which may arise under this Agreement or for the breach of any provision thereof. 5. DIVISION OF HOUSEHOLD AND 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 and motor vehicles between them. Husband agrees that Wife shall. from and after the date hereof, be the sole and separate owner of all tangible personal property in her possession. Husband hereby releases and relinquishes any right, title or interest he may have had in the past or now has in the property in Wife I s possession, Wife agrees that Husband shall. fl'om and after the date hereof, be the sole and separate owner of all tangible personal property in Husband I s possession, Wife hereby releases and relinquishes any right I title or interest that she may have had in the past or now has in the property in Husband's possession. Specifically, Wife relinquishes any right, title or interest which she may have in those items listed in Exhibit "A" as property of Husband and Husband relinquishes all right, title or interest to those items listed in Exhibit "S" as property of wife. The parties jointly own a John Deere lawn tray tor which is currently housed at 327 Stoner Road, Mechanicsburg, cumberland County, Pennsylvania 17055, The parties are cooperating to jointly market the tractor at a sales price of $3,000,00, with the proceeds of the sale to be split equally between the parties. In the event that the parties are unable to market the tractor at said price, the part ies agree to dl'OP the sales price on the vehicle, at the request of either one, at the rate of ten percent per month, until the tractor can be marketed, In the event that there are any costs for maintenance or storage of the vehicle, the parties agree that the same will be deducted from the proceeds of the sale before distribution or division between the parties, The parties further agree that they jointly own a 1985 Honda which they each agree to oign over to their daughter, NINA GETZ, and to each pay one.half of the costs of transfer, 6, PENSIONS AND RETIREMENT ACCOUNTS, The parties hereto expressly waive and relinquish any righto, claim, title or interest in any pension, individual retirement accounts or in any other savings or retirement accounts or retirement plans in the name of the other. 7. VEHICLES. Husband and Wife each acknowledges and agl'ees that Husband ia the sole owner of a 1990 Buick Regal and a 1990 Honda Gold Wing Motorcycle titled individually to him. Wife agrees that she has no right, title or interest in the said 1990 Buick Regal or the said 1990 Honda Gold Wing Motorcycle, Husband and wife further agree that there is a 1988 Buick Park Avenue jointly owned by them and in the possession of Wife to which Husband agrees. Husband further agrees that he will sign all documentation necessary to enable Wife to transfer all right, title and interest in the said 1988 Buick Park Avenue to Wife at her request, Each party hereto expressly covenants and agrees to assume the sole and full responsibility for the payment of expenses incident to the vehicles to be titled in his or her sole name including, but not limited to, maintenance, insurance, licensing, and to indemnify and hold harmless the other from any claim arising therefrom. Both parties hereto agree that there are no existing encumbrances on any of the vehicles listed in this paragraph. 8. REAL ESTATE. The parties hereto currently jointly own and reside at 327 Stoner Road, Mechanicsburg, Cumberland county, Pennsylvania 17055, The said property is subject to two Mortgage encumbrances, a f irat Mortgage and a second Mortgage and the parties agree that the property is under contract for sale at the price of $122,900.00, The parties agree to cooperate to complete the sale of the property under the existing Sales Contract. Husband has moved all of his property out of the house and Wife agrees, at her sole expense and as her sole responsibility, to move all additional property now in the house out as necessary for settlement and to pl'epare the house for the same. As part of the settlement of the property agree that all costs of sale, including but not limited to, real estate commissions, deed preparation, settlement fees, Notary fees, transfer taxes, etc" shall be paid out of the proceeds of sale, along with the payment of the first Mortgage and the Home Equity Loan on the property and all expenses on the property, including but not limited to, all municipal utilities, water, sewer, trash and other fees and costs, electric bills, gas bills, any other utility bills or any other bills arising for maintenance or household expense and that the remaining proceeds from the sale shall be divided into two checks of equal amount, one to be paid to Husband and one to be paid to Wife at the time of settlement. Further, the parties agree that any capital gains reporting shall be split equally between the parties and that each party shall be responsible for one-half, if any, of the capital gains arising from this sale, The parties further agree that any escrow refund shall be split equally between the parties, 9, BANK ACCOUNTS, BONDS, CASH lIND OTHER MONETARY INSTRUMENTS, Husband and wife each acknowle':ge that they each possess certain cash, bonds, bank accounts or other instruments, They agree that each shall become the sole owne1' of their respective accounts, or such instruments or funds held in their possession and that they each he1'eby waive any interest in, or claim to any funds held by the other in any Buch accounts, 10, AFTER-ACQUIRED PROPERTY, Each of the parties shall hereafter own and enjoy, independently of any claim or right of the other, all items of property, be they 1-eal, , personal or mixed, tangible or intangible, which are hereafter acquired by him or her, with full power in him or her to dispose of the same as fully and effectively, in all respects and for all purposes, as though he or she were unmarried. 11, TAX APPI,ICABILITY. The parties hereto agree and express their intent that any transfer of property pursuant to this Agreement shall be within the scope and applicability of the Deficit Reduction Act of 1984, specifically, the provisions of such pertaining to the transfers of property between spouses and former spouses. The parties agree to sign and cause to be filed any elections or other documents required by the Internal Revenue Service to render the application of the above-cited statute to the transfer set forth in this Agreement without recognition of gain or such transfer and aubject to the carry-over basis provisions of the Act. Further, the parties hereto each represent to the other that they he or she has been withheld on their salary and income during the course of the 1995 tax year at the status of single and with no exemptions or deductions, Based on the representations contained hel'ein, each of the parties hereto agrees that they shall cooperate to jointly file 1995 Income Tax Returns for both Pennsylvania and United States income tax purposes and that they shall each pay one-half of the cost of any taxes owing and they shall split equally any refunds obtained, and shall equally split the reasonable cost of any tax preparation, In the event that either of the parties hereto has misrepresented their income withholding status, that individual shall be responsible to the othel' for any loss incurred hereunder, 12, COUNSEL FEES, Each party agrees to pay $250.00 toward the cost of filing and preparation of the initial divorce documents, which payments shall be paid at or before the signing of this document, Each party individually covenants and agrees that he or she will individually assume the full cost and responsibility for all other legal expenses. 13 , ADVICE OF COUNSEL, The provi sione of this Agreement and their legal effect have been fully explained to Husband by his counsel, BRUCE D, FOREMAN, Esquire, Wife understands that she has the right to independent legal counsel and has waived the same, Husband and Wife each covenants that he or she has made a full financial disclosure to the other of his or her respective property, holdings and income, Ilusband and Wife each acknowledge that each fully understands the facts of this agreement and has been fully informed fiB to hel' Ol' hiB legal rights and obligations and each party acknowledges and accepts that this Agreement is, in the circumstances, fair and equitable and that it is being entered into freely and voluntarily, with such knowledge and that execution of this Agreement is not the l'esult of any duress of undue influence and that it is not the result of any collusion or improper or illegal agreement or agreements. 14. 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 or documents that may be reasonably required to give full force and effect to the provisions of this Agreement. 15. MODIFICATION AND WAIVER, A modification or waiver of any of the provisions 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 the strict performance of any of the provisions of this Agreement shall not be construed as a waiver of any subsequent default of the same or similar nature. 16, ENTIRE AGREEMENT. This Agreement contains the entire understanding of the parties, and there al'e no representations, warranties, covenants or undertakings other than those expressly set forth herein. 17, DESCRI PTIVE HF.AtJINGS. The descript i ve headings used herein are for convenience only, They shall have 110 effect whatsoever in determining the rights or obligations of the parties. 18. INDEPENDENT SEPARATE COVENANTS. It is specifically understood and agreed by and between the parties hereto that each paragraph hereof shall be deemed to be a separate and independent agreement. 19. 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 and to terminate any further payments required to the other hereunder or seek such other remedies or relief as may be available to him or her, and the party breaching this contract shall be responsible for payment of legal fees and costs incurred by the other in enforcing their rights under this Agreement, or in seeking such other remedies or relief as may be available to him or her. 20. APPLICABLE LAW. This Agreement shall be const.rued under the laws of the Commonwealth of Pennsylvania, 21. 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 otherwise, then only that term, condition, clause or provision shall be stricken from this '" cO', r I ll'; . &.'J , r c r " , ( j I C . . '.. m (... ~ I ,,:j uJ ."" ,,- ::"j ttl L. .. . <.;: , oJ [~ , . , "! f- . ;1 .> . .... I- , ~ "'." c, c ,~.; .. . 8. Neither the Plaintiff nor Defendant are members of the Armed Services of the United StateR. 9. The Plaintiff has been advised of the availability of marriage counseling and understands that he may request that the Court require the parties to participate in counseling but avers that he does not desire marriage counseling. 10. The Plaintiff avers that the grounds on which the actions are based are: (a) That the marriage Is Irretrievably broken; (b) That, at the appropriate time Plaintiff will file an affidavit indicating that the parties have been continually separated for a period In excess of two (2) years. 11. Plaintiff respectfully requests this Honorable Court to enter a Decree In Divorce. NICHOLAS & FOREM By BR CE D. FO MAN, ESQUIRE 3207 North Front Street Harrisburg, PA 17110 (717) 236-9391 Attorneys for Plaintiff 1.0.21193 ..,. C,) fJ; i " .~ \1t l.'.j , . " (' , '. '0' j C...., /' ~. i '1 L.' J\ :'- j I ~ ~. , 0' , c. '- , ) . " . , [ C\ i ,::j UJ~ .~ c~ . I P" ~- : '1' , -. C' I , r; I ~ i.'_ I . ,', I , . .. . " to .... en - f: f' .. lui ('J ~~ t.;', . , I,., , . L~ L; , ":j L::. ,q , I .' f;:1 , "'J 1 , ,-I. I' " . 1.." , ," . . . . . . .