HomeMy WebLinkAbout95-06564
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~ IN THE COURT OF COMMON PLEAS :
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. OF CUMBERLAND COUNTY .
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i STATE OF ~ PENNA. ~
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. IUMJmER.EE..MYERS .. ........ ! .
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..............,....Plaintiff ............i Civil Term .
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~~EV.f:~..W.~.~Y.ERS . ... . . ....... I .
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~ DECREE IN ;
~ DIVORCE .
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. AND NOW, ....... .. . /!I~r:J.. /,1, ~.. .. '. 19.., ~,6,. it is ordered and !
, decreed that.... .~~t'l..~IJI!l~~,E; ,f:lY,~~f?. , .. .. .. .. .. .... .. .... ... plaintiff, ~
. and... S,'l:EVEN. ,\Ii., MYERS.. , ......, .. , , . , , , .. .. , , , , .. .. ." ..,. defendant, ~
. are divorced from the bonds of matrimony. ~
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, The court retains jurisdiction of the following claims which have :
~ been raised of record in this action for which a final order has not yet *
. been entered;
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~ The Property and Separation Agreement, dated November 9,
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MARTIN ...
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AlTORHEYS AT LAW
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KIMI....LYS; oLY,1IQ,
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(717)26,1.1500 . PAX (71 .7111 .
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PROPERTY AND SEPARATION AGREEMENT 9.5'- ~ c,5~ Y'
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AGREEMENT, made and entered into this day
of blV, 1995, by and between STEVEN W. MYERS, of
Towna p, Franklin County, Pennsylvania, hereinafter
referr to as "HUSband"; and, KIM SHEREE MYERS, of the borough of
Carliale, cumberland County, Pennsylvania, hereinatter referred to
aa "Wife".
WITNESSETH:
WHEREAS, the parties hereto are Husband and Wife, having been
married in Chambersburg, Franklin County, on or about May 9, 1992;
and
WHEREAS,
children were
acted in loco
there are no children of this marriage and no
adopted. Wife is not now pregnant. Wife has never
parentis to Husband's children; and
WHEREAS, the parties hereto have ceased to cohabit together
as husband and wife; and
WHEREAS, both and each of the parties hereto have been advised
at their legal rights and the implications of this Agreement and
the legal consequences which may ensue from the execution hereof;
and
. WHEREAS, Wife acknowledges that she is thoroughly conversant
with and accurately knows the size, degree, and extent of the
eatate and income of Husband, and Husband acknowledges that he is
thoroughly conversant with and knows accurately the size, degree,
and extent of the estate and income of Wife; and
WHEREAS, diverse unhappy differences, disputes and
difficulties have arisen between the parties and it is the
intention of Husband and Wife to live separate and apart for the
reat of their natural lives, and the parties desire to settle fully
and tinally their respective financial and property rights and, in
general, settling any and all claims and possible claims by one
against the other or against their respective estates.
Accordingly, except as otherwise expressly provided by this
Agreement and in consideration of the promises and mutual
undertakings herein contained, intending to be legally bound hereby
the parties do mutually agree as follows:
1. .o~i.l ..aurlty DI1.h.ra
Husband's social security number is 208-50-5718.
Wife's social security number is 172-46-2732.
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I. ..rraaty of full dlaalo.ur.
Husband h.reby represents and warrants to Wife that as of thi.
dat., h. doe. not po..... any property or interests in property
other than the item. li.t.d in thi. Agreement; and that the item.
..t forth and liatad in thia Agreement constitute full and complete
di.closure by Hu.band of all property and interests in property
held by or for the ben.fit of Husband.
Wife her.by r.pre..nta and warrants to Husband that aa of thia
dat., .he doe. not po..ess any property or interests in property
other than the item. li.ted in this Agreement; and that the items
.et forth and li.ted in this Agreement cor.stitute full and complete
di.closur. by Wife of all property and interests in property held
by or for the ben.fit of Wife.
I. ..ltaBaa aD ..~.rial r.pr...D~.~iaB.
Husband and Wife acknowledge that in entering into this
Agreem.nt, each ha. been induced to and is directly and materially
relying in good faith on the truth and completeness of the
r.pre..ntations and warranties expressly made by the other party to
thi. Agreem.nt.
t. DAb~. an4 ObllqatioB.
a. Husband hereby acknowledges that as of this date,
the following outstanding debts and Obligation. are
the .eparate obligations of Husband and were
incurred solely by Husband for the sole benefit of
Huaband and Husband agrees to assume sole liability
for and to pay each outstanding separate debt and
obligati~n without any contribution from Wife:
1. PFCU loan for Huaband's daughter;
2. Husband's student loan;
3. Husband's medical bills;
4. Husband's daughter'S medical bills.
b. wife hereby acknowledges that as of this date, the
following outstanding debts and obligations are the
separate obligations of Wife and were incurred
solely by Wife for the sole benefit of Wife and
Wife agrees to assume sole liability for and to pay
each outstanding separate debt and obligation
without any contribution from Husband:
1. wife's apartment lease and associated utility
bills;
2. wife's medical bills.
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c. Husband hereby agrees to assume and fully pay and
to indemnify and hold Wife harmless from each of
the following outstanding debts, obligations, and
expenses with respect to those debts:
1. American General boat loan;
2. One half i1/2) of loan from Wife's parents
(this amount shall be payable to Wife who
shall then be solely responsible for payment
to Wife's parents);
3. 1st Card Visa.
d. Wife hereby agrees to assume and fully pay and to
indemnify and hold Husband harmless from each of the
following outstanding debts, obligations, and expenses
with respect to those debts:
1. PFCU Auto loan;
2. One half (1/2) of loan from parents;
3. Share of 1st Card VISA ($2,503.00 payable to
Husband on December 1, 1995.)
e. Wife shall use her best efforts to obtain from the
following obligee(s) a release of Husband from liability
on any continuing guaranty of the following obligation:
PFCU Auto loan.
f. Husband shall use his best efforts to obtain from the
following obligee(s) a release of Wife from liability on
any continuing guaranty of the following obligation:
American General boat loan.
g. In the event that any outstanding debt or Obligation of
any kind has been incurred by Husband or Wife, other than
the debts and obligations set forth and listed above,
(and is hereafter asserted against the other) the party
actually incurring the debt or obligation shall assume
and be solely responsible for paying it and shall hold
the other party harmless from all claims with respect to
the debts, obligations, and expenses with respect to
those debts.
h. Husband and Wife hereby warrant that each will execute
all documents necessary to effectuate the transfer of the
marital home to the buyers of same on October 31, 1995.
The parties further agree that all proceeds from the sale
of said real estate shall be first used to payoff the
balance due on the following debts:
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PFCU Visa, account number 423790000008083, with a
current approximate balance of $6,367.00;
Consumer's Edge, account number 425331167908649,
with a current approximate balance of $6,904.00;
American General furniture loan with a current
approximate balance of $2,000.00.
Any proceeds remaining after paying these accounts shall be
split equally between Husband and Wife.
1.
2.
3.
5. Maior r~p.ir.
If major repairs are required on the family residence prior to
close of escrow of sale, Husband and Wife each shall be obligated
to pay one-half of the costs of the repairs. Major repairs are
defined as those in excess of $300. Major repairs shall be made by
agreement of the parties or court order.
.. %BGG.. ~.. ..~urD.
a. Husband and Wife shall file joint federal and state
income tax returns for the year 1995. The costs and
expenses of return preparation as well as all
taxes, interest, and penalties shall be borne
equally by each party. Tax refunds, if any, shall
be divided equally.
b. Husband and Wife each agree to notify the other
promptly in the event the Internal Revenue Service
or any state or local taxing authority provides
notice of an audit, deficiency, refund, or other
adjustment regarding a tax return that was jointly
filed or that should have been jointly filed. The
party receiving such notice from a taxing authority
shall provide a copy of the notice to the other
party. Husband and Wife further agree to cooperate
fully with the other in any claims for refunds or
in defending against any deficiencies that may be
determined with respect to joint income tax returns
filed (or to be filed) for the calendar year 1995
and years prior. This includes, without
limitation, the making, executing, and filing of
amended income tax returns; applications for
refunds, protests, and other instruments; and
documents as may be required. Husband and Wife
shall divide and pay all costs and expenses
equally.
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7. Pall.lall.
Husband and Wife hereby waive any rights that either may have
in the other's pension, profit sharing, deferred compensation or
other retirement plans.
8. "'.r.allal "'ro9.r~y
Husband and Wife do hereby acknowledge that they have
previously divided their tangible personal property as outlined on
Schedule A, which is attached hereto and incorporated herein by
reference, including, but without limitation, jewelry, clothes,
furniture, furnishings, rugs, carpets, household equipment and
appliances, pictures, books, works of art and other personal
property and hereafter Wife agrees that all of the property in the
po.session of Husband shall be the sole and separate property of
Husband; and Husband agrees that all of the property in the
possession of Wife shall be the sole and separate property of Wife,
with the exception of certain items clearly marked and agreed by
the parties. The parties do hereby specifically waive, release,
renounce and forever abandon whatever claims, if any, he or she may
have with respect to the above items which shall become the sole
and separate property of the other, with full power to him or her
to dispose of the same as fully and effectually, as though he or
she were unmarried.
Each of the parties shall hereafter own and enjoy,
independently of any claim or right of the other, all items of
personal property, tangible or intangible, hereafter acquired by
him or her, with full power, in him or her to dispose of the same
a. fully and effectively, in all respects and for all purposes, as
though he or she were unmarried.
Husband and Wife further agree that Wife shall have no
interest in any real estate purchased by Husband subsequent to the
execution of this Agreement, and Husband shall have no interest in
any real estate purchased by Wife subsequent to the execution of
this Agreement.
t. Motor Vehicle.
Husband shall convey his right, title and interest in and to
a certain Nissan 240 SX to Wife. Wife hereby assumes all liability
and shall hold Husband harmless from payment on same on the
automobile loan connected to this vehicle.
10, Iat
Wife shall convey her right, title and interest in and to a
certain .cajun" boat to Husband. Husband hereby assumes all
liability and shall hold Wife harmless from payment on same on the
loan connected to this boat.
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11. "ri~.l ...la.DC.
The real property known as 8200 Michaux Drive, Fayetteville,
pennsylvania, is to be sold on OctClber 31, 1995, as previously
agreed. The parties further agree that the proceeds of sale shall
be used to pay the debts herein described under paragraph 4(h), and
any remaining proceeds will be divided equally between the parties.
12. Cle.lng .aaouft~.
Husband and Wife each represent to the other that from thia
date each party shall not charge or incur or cause to be incurred
any liability or obligation based on the credit or name of the
other. Each of the parties shall do whatever is necessary to close
immediately all joint accounts in the name of Husband and Wife or
either of them under which one may make purchases on the credit of
the other.
13. ..~.~. >>laftftiD9
Husband and Wife each forever waives any right to inherit from
the other and the right to receive any property on the death of the
other, except by reason of a will, codicil, or republication of
will by the other party executed subsequent to this date.
1t. ..lv.r of ri9b~ ~o .a.ifti.~.r ..~.~.
Husband and Wife each waives all right to act as administrator
of the other party's estate and all right to request or petition
for the appointment of any person to serve as such representative
or to act as the executor of the other's will, unless expressly
named in a will, codicil, or republication of will by the other
party executed subsequent to this date.
15. .ff.a~iv. D.~. of agr....ft~
This Agreement shall be effective as of the date of this
Agreement. All Agreements and representations of Husband and Wife
shall be deemed to have been made as of this date.
1'. ~~h.r a..uranc..
Husband and Wife shall each execute and deliver promptly on
request any additional papers, documents, and other assurances
reasonably necessary in connection with the performance of these
obligations. In the event that either party fails or refuses to
comply with the provisions of this paragraph, the failing party
shall reimburse the other party for all losses and expenses
including, but not limited to, attorney's fees and costs incurred
as a result of such failure.
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17. .......t....lea tit aaurt
Thia Agr..m.nt may b. aubmitt.d by .ither party to any court
before which a p.tition for the dissolution of the marriage may be
pending for approval by the oourt and tor incorporation into final
jUdgm.nt d.cr..ing the diaaolution of the marriag.. D.apit. any
auch incorporation, the providon. ahall not m.rg. into said
jUdgm.nt but ahall aurviv. and may b. indep.nd.ntly enforced.
11. .uaa...laaa
Thia Agr....nt aha11 inure to the b.n.fit of the parties and
th.ir r.apectiv. h.ira, administratora, .xecutors, auccessors, and
aa.igna.
1.. ".iG. at Can...1
Huaband acknowlMdg.a that h. h.a had the opportunity to retain
counael but h.a d.cid.d not to do ao. Huaband fully und.rstanda the
facta and t.r.a of thia Agr..m.nt and .ntera into it voluntarily.
Hu.band alao acknowl.dg.a that Kimb.rly s. Gray, Esquire, did not
r.pr.a.nt him.
10. .G~ia.a
a. Any a.rvic. to the Huaband ahall be addressed to
hi. at 804 siloam Road, Chamberaburg,
P.nnaylvania, 17201, or anoth.r address d.signat.d
by him in writing to the Wif..
b. Any a.rvic. to the Wife ahall be addr.ss.d to h.r
at 30 North orang. str..t, carliale, Pennsylvania,
17013, or anoth.r addr.as designated by her in
writing to the Huaband.
11. c.,~la.. ... %at.~,r.t.tiaB
Paragraph captions have be.n ua.d throughout this Agreement
for conv.ni.nc. and r.fer.nce only and are not intended to be used
in the conatruction or int.rpr.tation of this Agreement or any of
it. proviaiona. No proviaion of thia Agr.ement is to be interpreted
for or againat any party by virtu. of the fact that the provision
wa. draft.d by that party or that party's counsel.
II. ".au~iD& i& CGUB~.rp.r~.
This Agr..m.nt may be ex.cuted in two or more counterparts,
.ach of which ahall be an original and all shall constitute one and
the .am. inatrum.nt.
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33. dever.ift9 LaW
This Agr.ement has been drafted and shall be deemed executed
in pennaylvania. The Agreement shall be governod by and enforced
a. an agreement made and to be performed in accordance with the
internal lawa of the state of pennsylvania.
at. ..v.rahil1~y
In the event that any provision of this Agreement is found by
a court of compet.nt jurisdiction to be invalid or unenforc.able,
auch proviaion ahall be deemed severable from the remainder of this
Aqr....nt and shall not cause the invalidity or unenforceability of
the rellAind.r of this Agreement~ and if a provision shall be d.emed
invalid only b.caus. of excessive scope or breadth, the provision
ahall be d.emed valid to the extent of the scope and breadth
permitt.d by law.
21. .aiver or lIo4i~ia.t.1GIl t.o ha ill wrlt.ill9
No modification or waiver of any of the terms hereof shall be
valid unless in writing and signed by both parties and no waiver of
any br.ach hereof or default hereunder shall be deemed a waiver of
any .ubsequ.nt d.fault of the same or similar nature. No oral
modification of this paragraph shall be valid.
.1. Br..all
If either party breaches any provision of this Agreement,
the other party shall have the right, at his or her election, to
au. for damagea for such breach or seek such other rem.diea or
relief aa may be available to him or her, and the party br.aching
thi. contract shall be responsible for payment of legal fe.s and
coat. incurred by the other in enforcing their rights under thia
Agre.m.nt.
27. Whole ~re_eD.t
This Agreement constitutes the entire understanding of
the parties. It supersedes any and all prior oral or written
agreements between them. There are no representations, covenants,
warranties or agreements other than those expressly herein set
forth.
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DlanUU'l'IOI or IlAaIlar, Jao.an
~r.an.J prqperty a~ Huaband
~rRonAl 9~r~y a~ Nl~.
Seri.. ESE bond.
Ni..an 240 SX
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.Cajun. boat
Huaband'. p.n.ion
HU.band'. bank accounts
Hou.ehold furni.hings and
other it... in HUsband's
po.....ion.
HU.band'. .eparate (non-
..rital) property
50t of n.t proc.eds of sale
of real prop.rty (.arital
ho..) after payment of debts
deacribed in paragraph 4(h).
50t of n.t proceed. of .ale
of real property (marital
home) after payment of debt.
described in paragraph 4(h).
Wife'. pension
Wife'. bank account.
Household furni.hing. and
other ite.. in Wife'.
possession
Wifels separate (non-
marital) property
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(717)76101001 . FAX (717l76Z.'I'1
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GRAY;Pp.
ATlURNEYs AT LAW
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ATTORNEYS AT LAW
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IUMUIlLY.. GUY,
)R!'(llllU4.1. Slrttl . Chambmbura, PA 17101
~ (717)263-1500 . FAX 17l7lZ6.1.7111
KIM SHEREE MYERS
IN THE COURT OF COMMON PLEAS OF
THE 9TH JUDICIAL DISTRICT, PA.
Plaintiff
vs.
CUMBERLAND COUNTY BRANCH
CIVIL ACTION - LAW
STEVEN W. MYERS
Defendant
NO. 95-10fp'/ Civil Term
NOTICE TO DEFEND AND CLAIM RIGHTS
You have been sued in court, If 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 in divorce or annulment may be entered against you by
the court. A judqment 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 divorce is indignities or irretrievable
breakdown of the marriage, you may request marriage counseling. A list
of marriage counselors is available in the Office of the Prothonotary at
Franklin County Courthouse, Charnbersburg, Pennsylvania 17201
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
HAY LOSE THE RIGHT TO CLAIM ANY OF THEM.
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT
HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET
FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP.
Pennsylvania Bar Association Lawyer Referral Service
Telephone: 1-800-692-7375 (PA ONLY) or 717-238-6715
AMERICANS WITH DISABILITIES ACT OF 1990
The Court of Common Pleas of Franklin County is required by law to
comply with the Americans with Disabilities Act of 1990. For information
about accessible facilities and reasonable accommodations available to
disabled individuals having business before the court, please contact our
office. All arrangements must be made at least 72 hours prior to any
hearing or business before the court, You must attend the scheduled
conference or hearing,
P.C,
By
Attorney for P
38 North Main
Chambersburg,
717/263-8500
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A11llRNEYS AT LIIW
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ATrORNEYS AT LAW
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plaintiff
IN THE COURT OF COMMON PLEAS OF
THE 9TH JUDICIAL DISTRICT, PA.
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KIM SHEREE MYERS
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CUMBERLAND COUNTY BRANCH
VB.
CIVIL ACTION - LAW
STEVEN W. MYERS
Defendant
NO. 95-6564
Civil Term
JFFYD~VYT OF CONSENT
1. A complaint in Divorce under section 3301(C) was filed on
November 16, 1995, and was served upon the Defendant on
November 28, 1995.
2. The marriage of plaintiff and Defendant is irretrievably
broken and ninety days have elapsed from the date of
service of the complaint upon the Defendant.
3. I consent to the entry of a final Decree of Divorce.
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.
5. I understand that the costs of these proceedings will be
paid for by plaintiff.
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. 4904 relating to
unsworn falsification to authorities.
Date: 2Jrdq~
tl A.1 U. JJ {i
1M SHEREE MYERS
plaintiff
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