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HomeMy WebLinkAbout96-00225 ~ i~ I i " " ~, ~, '. \ ",,/,/ /' :/ " ~ '~ ~ ~ ~ .~ .~ .~ :~ ;! :.. :~ ~: " ~ ~ ~ :~ ~ ~ ~ ., :tI :tI ~ ~\ ~ ~ i ~ ~ , ~\ I ~ I : -I .. ~i ~! , ~ I ~ i , ~ ~ ~ ",:.c. .~:. :.: :.: ..: :.: :.; :.: ..; .:.; :.: ..: ~.: :.: '.0 .. .:.:.:.; _:.. .:.~ -t>,' :.: .: :.' ..: :.; .+. .. ... IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY >!( STATE OF i~~'- PENNA. \ .~~.J -," Paula J. ~eatlng, :\ II, 225 II) 'J6 PLaintiff "I )-.11' f~rold J. ~ea~lng, Defendant DECREE IN DIVORCE /I,~ \ I /~..." , , ' ... _ J " 19 ,:," q it is ordered and AND NOW. , ',V~' decreed that and Paula J. Keatln'l, , '. plaintift. , defendant. f~roJd,J. Keating ore divorced from the bonds of matrimony, The court retains jurisdiction of the following claims which hove been raised of record in this action for which 0 final order has not yet been entered; tkme , "J '" /". /; '" ,,"'" Ii y rfr. ~ I>i/ ~/ \-1' l ILvl1 AlIe.l: '-", L" <,I /' I"il L' -// ~ J ~ :-S;:7~ :;:~~;~7/-J"r/it"it.'c7 / ,. / Pr,dholllll.lr', .~ '~' ~, -~ ,~ ~ :.: :~ ~, ,~ :~ ~, :.: ~ ~ :~ :.: ~ ~':~ :.' ~ ~ ~:.: ..: :. -.. .. ... ~ t, .~ ,., !Ii ~ ... ... ,f. ~ ~ ,~ '~ ,iI, :tI :tI " ~ :., ~ ... !i. ~ ~ -~ .~ ~ ... ,..; . ~ . . .. f If? {;/-i (~~1'..AY 1f 44 /P.'Jk.; ,5: J 'f~ 'J-;rta 1:r!JY-Z ~y " u '! SEPARATION AGREEMENT AND PROPERTY SETI'LEMENT I i! II_J=::=::'::..L':::'~:^:M_': :'.:W~; I' Ii Keatinr. of Cumberland County, PelUlsylvania, hereinafter referred to 8B 'Husband.' Ii ii WHEREAS. the parties hereto are now Wife and Husband, having been lawfully married to each Ii Ii II other on July 15, 1978 in Schuylkill County, PelUlBylvania; II ii Ii WHEREAS, the parties hereto are now intending to live separate 8I\d apart WId desire to ente! d II into 81\ Arreement respecting their property rights. regardJe88 of the actual separation or other character II thereof and their other rights, including the Wife's right to support WId maintenance; III' WHEREAS, both and each of the parties hereto have been advised of their legal rights and the implications of this Agreement and the legal consequences that may WId will ensue from the execution il Ii I :::~::t :;:~:t:: the opportunity to conswt Mth his or her own competent legW counsel II WHEREAS, each party warrants, as part of the consideration of this Agreement, that each has 1,1 fully 8I\d completely disclosed all information of a fmancial nature requested by the other, 8I\d that no I information of such nature has been subject to distortion or in WIY manner being misrepresented; and WHEREAS, other than as set forth herein, Wife desires fmally WId forever to relinquish all of her I rights to be supported by the Husband WId all of her right of dower. rights 8B heir or surviving spouse or I I otherwise, actual, currently existing, or inchoate, in and to the real and personal \lroperty of the Husband, I I now owned by him or which in the future may be owned by him, WId all rights to alimony. alimony I I I pendente lite, counsel fees, or expenses and other than 8B set forth herein. Husband likewise wishes to ! relinquibh all his rights of curtesy, rights as heir or surviving spouse or otherwise, actual and currently , I ! existing or inchoate in WId to the real WId personal estate of the Wife, currently owned by her or which I h . ! s e may own In the future; ! NOW. THEREFORE, the parties hereto intending to be legally bound hereby do hereby mutually : agree 8B follows: ,. , il i II I or perlOnaI property, but without any power to bnpoee perlOnaI Uabllity Cor breach oC warranty or otherwlJe. Each oC the parties hereto Curther waives any right oC election conl4ln~ in Chapter 22 oC the Pennsylvania Probate Estates and Fiduciaries Code, and any right to seek or have an equitable distribution oC married property ordered by the Court subsequent to Section 3502 oC the Divorce Code, Each oC the I I I i I parties hereto Curther egrees that neither shall hereafter be under any legal oblllllltions to support the I I other, pay any ellpelllles Cor malntenancp.s, Cuneral, burlnl, or otherwise Cor the other, and to that end e8Ch I: oC the parties hereto does hereby waive any right to receive support, alimony, alimony pendente Ute, cOW\lll!I Cees, expelllles, or any type oC fmanc1nl88llistance whatsoever Crom the other, except 88 otherwise expreealy provided Cor herein, 6. Division of Pel"llOnal Property. a, HUlIband shall have the power equipment, riding mower, and all other itema currently in the shed, The WiCe shall have all Ihe remaining hOUllehold itema, The Wife shall pay to the HUlIband the surn oC $4,000,00 wilhln 10 days after settlement oC the marital residence Cor hia waiver oC all other claims on the hOUllehold goods, HenceCorth, each oC the parties shall own, have and el1ioy, independently oC any claim or right or the other party, all itema or personal property or every kind, Mture and description and wheresoever situated which are now owned or held by or which may hereinafter belong to the HUlIband or Wife respectively, with rull power to the HUlIbtmd or Wife 10 dispose oC the same 88 rullyand effectually in all respecle and Cor all purposes 88 if he or she were wunarried, b, The parlies agree that the 1985 Camaro shall be the sole and excluaive property or the Wife: the parties rurther agree that the 1985 Jetta and the truck shall be the sole and exclUllive property oC Ihe hUllband, c, Personal effects. All items oC personal effect such 88 but not limited to jewelry, II II I, II :I II luggage, sporle equipment, hobby collections and books but not including rurniture or any other property, personal or otherwise specifically disposed or pursuant to thia agreement shall become the absolute and 80le property or the party who has had the principal UIIe thereor or to whom the i! , :i ,I I, I Ii Ii ii ii II I property WM given or form whom it WlI8 purchased, and eaeh party hereby .urrendera any interest he or she may have in auch tangible personal property of the other, d, Investments, The Wife holds a note of mortgage from Mr, and Mra, Tlmolhy Carter with I I II II I I a face amount of $17,000,00 with paymenta of '162.47 per month and a balloon payment of the remainder in July 1997, The monthly payments ahall be the sole and excluaive property of the Wife, The July 1997 balloon paymenta shall be divided equally between the parties, Any legal expenses to enforce coUaction of said balloon payment shall be dedu,ted from said payment prior to division, 7. Debta, The parties are joint owners of Ihe foUowing debt: Integra Mortgage Company in the amount of'145,797,77, Mastercard '4,125,08, Speigel '2,477,56, Citibank '3,126,32. a judgment apinat them in the amount of '3,259,06, a bill to PelUl8)'lvania Power & Light for '7~7.30, Lebanon i I Medical Management in the amount of '532,00, a Truck loan in the amount of '6,200,00, and the I II outstanding amount of the lien judgment recorded in Dauphin County in the amount of' 1,486,56, The parties agree that each will be responsible for the existing debts in a 50/50 settlement, Which out.tanding debts will be paid ofT from the sale of the marital real estate is discussed below, 8. Future Debts, The parties further agree that neither will incur any more further debts for which the other may be held liable, and if either party incurs a debt for which the other will be liable, I that party incurring such debt will hold the other harmless from any and aU liability thereof, ! 9, Real Property, The parties agree that Ihe real property located st 1017 Brookwood II Drive, Mechanicsburg, Cumberland County, PelUl8)'lvnnis, shall be sold at the earliest possible time, II Proceeds from the sale of this real estate shall be ftrst apportioned to the outstanding Mortgage in the II approximate value of $150,000, Further, Ihe debt balances mentioned above shall be paid ofT, Aller the II payment of aU marital debts, as outlined above, Ihe proceeds of the we shall be split 50/50 between Ihe !i parties, Both parties agree to execute any and aU future documents re880ll8bl)' related to the transfer of Ii II title to the marital home and to cooperate in the prompt payment of aU marital debts as outlined above, i' r: 10, WaJvel' of Alimony, In consideration of the mutual agreement of the parties voluntarily to Uve separate and epart and Ihe provision. contained herein for the respective benefit of the parties and other iood and valuable consideration, the parties agree to waive any and all claim8 for any alimony, 11. Penalon, Both partiea agree to waive any claims Ihey may have to any pen.ion or employment benefits of any kind, earned during the marriage, by the other party, 12, Counsel Feee and Court COIIte, Tile partie. agree to share all legal fees and court costs incurred in the preparstion of thm Agreement.. weU 8lI the preparation and filing of the Divorce Action captioned at No, Civil, If either party incurs any other legal fees or court cosu over and above those associated with this Agreement or the Divorce or Custody proceedings captioned above, those fees and coata shaJI be borne by that party exclusively, 13, Divorce, The parties acknowledge that an action for divorce between them has been med by Wife and is presently pending divorce between them in the Court of Common Pleas of Cumberland County to the caption Paula J, Keating v, Harold J, Keating, No, Civil, The parties acknowledge their intention and agreement to proceed in said action to obtain a final decree in divorce by mutual consent on the graunda that their marriage is irretrievably broken, and to settle amicably and fully hereby all claims raised by either party in the divorce action, The parties acknowledge they have executed simultaneously herewith the necessary Affidavits of Consent for the entry of a fmal divorce decree in that action, 14, Breach, In the event that either party breaches any provision of this Separation and Property Selllement Agre~ment, he or she shall be responsible for any and all costs incUl'1'ed to enforce the terms hereof, including, but not limited to, court costs and reasonable cOWlBel fees of the atber party, In the event of breach, the other party shall have the right, at his or her election, to sue for damages for such breach or to seek such other and additional remedies as may be available to him or her. 15, Enforcement, The partie. agree that this marital settlement agreement or any part 01' paru hereof may be enforced in any court of competent jurisdiction, 16, Applicable Law and Execution, The parties hereto agree that this marital.etUement agreement shall be cOlIBtrued under the laws of the Conunonw..alth of Pennsylvania and shall bind the " ,1 i! !i ! r partiee hereto and their reepective hein, executo.. and lllIIliina, Thla document .ha11 be executed ... II !I orilPnal and multiple cople.. i! 'i 17, The Entire Agreement. The partleslICknowledp and 1liI'" that thbI mantalaeulement I, il ' qreement containa the entire underatanding of the parties and supenedes any prior lliI'eement between I II II them, There are no other representations, warrlUlties, promises, covenants or understandings between " !i :i the parties other thall those expre..ly set forth herein. .' I: 18, Incorporation and Jud......ent for Divorce, In the event that either husband or wife il ..- :1 at any time hereafter obtain a divorce in the IICtion for divorce presently pending between them, or i! Ii otherwise, thisllil'eement and all ofllA provisions shaJJ be incorporated inlo any suc:hjutlgment for divorce, I. either directly or by reference, The Court, on entry of judgment for divorce, shaJJ retain the right to i I enforce the provisions IUld terms of this marital selllement lliI'eement. II II II period thereafter, execute and deUver IUlY IUld all olher documents IUld do or cause to be done IUlY other IllICt or thing that may be necessary or desirable to effectuate the p.ovislons IUld purposes of this Ii Agreement, If either party fails on demand to comply with thiB provision, lhat party shall pay to the other II all attorney's fees, costs, IUld other expense. reasonably incurred as a result of such failure, I 19, Addltlonallnatruments, Each of the parties shaJJ on demand or within a reasonable IN WITNESS WHEREOF, the parties have set their hands IUld seala the day and year fllst I written above. I I II WITNESS: III I.,/.' L ' ) ,J, / ' I Itu ',:;/ YtltLl~"'''- I, -" II II II il " Ii , ./J " VV hi-C..;J/ ",,""'--(.(.':;<.'-44, j v, : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA ~ NO, aK:225 CML TERM : CML ACTION. LAW : IN DIVORCE PAULA J, KEATING, PlaintiIT HAROLD J. KEATING, Defendant PRAECIPE TO TRANSMIT RECORD TO THE PRaJ'HONOTARY: TrlUUlmit the record, together with the foUowing Information, to the court for entry of a divorce decree: 1, Ground for divorce: Irretrievable breakdown under Section 3301(c) of the Divorce Code, 2, Date and manner of service of the Complaint: Certified mail on February 8, 1906, 3, (a) Date of execution of the Affidavit of Consent and Waiver of Notice of Intention to Request Entry ofa Divorce Decree under Section 3301(c) of the Divorce Code required by Section 3301(c) of Ihe Divorce Code: By PlaintiIT: April 10, 1996; By Derendant: April 19, 1006, (b) (I) Date or execution or the Plaintiff's Affidavit Required by Section 3301(d) or the Divorce Code: (2) Date or service of the Plaintiff's Affidavit upon the Defendant: . 4, Related claims pending: None, 5, Indicate date and manner or service of the notice or intention to me praecipe to tr8l1Smit record, and attach a copy or said notice under Section 3301(d) or the Divorce Code, Respectrully submitted, LAW OFFICES OF RON TURO 1'/' 'f / . <.- , I'. ,I. '., I ,'':' Date ;i~'{ / /d ;:f;'. Robert J. ~i1erig, Esquire..... 32 South Bedford Street Carlisle, PA 17013 (717) 245.9688 Attorney for PlaintiIT ! i I I\$) I I ~ '1'<1 t .1 tf, ~ : is M , - 0 - ( ; - UJ(; ( '1 - , .'~. ;,\ Ll" (.- ( J I.i L< ." .......: Q, , - I C.:1l <0 l" .~ ll.j....... J ., : (' - , C.:: 1 .. : .I ,~ I "'- ~ - .. . I~..... ft l', '.~ :5 Cl c:. U , v. : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUN'IY, PENNSYLVANIA '1(, : NO, ~226 CML TERM : CML ACTION. LAW : IN DIVORCE PAULA J, KEATING. Plaintiff HAROLD J, KEATING. Defendant AFFIDAVIT OF SERVICE I HEREBY CERTIFY THAT J served a certilled copy of Ihe Complaint filed in the above captioned caae upon Harold J, Keating. by certilled mail, return receipt requested on Febl'Wll'Y. 8, 1996 addressed to: Harold J, Keating 1017 Brookwood Drive Mechanicsburg, PA 17013 and did thereal\er receive same as evidenced by the attached Post Office receipt card dated February 9, 1996, I VERIFY THAT THE STATEMENTS MADE IN THE FOREGOING AFFIDAVIT OF SERVICE ARE TRUE AND CORRECT TO THE BEST OF MY KNOWLEDGE. INFORMATION AND BELIEF, I UNDERSTAND THAT FALSE STATEMENTS HEREIN MADE ARE SUBJECT TO THE PENALTIES OF 18 PA.C,S, SECTION 4904 RELATING TO UNSWORN FALSIFICATION TO AUTHORITIES. LAW OFFICES OF RON TURO o1p& Date ~.-~ c:l ?: <::> , I ,:J .+1 1.'-" ~ W~ , () ;. F ~ C- O - ;:.i f~; ,.~J 'J L. !, , .-. L.- c.-::' , , I ...... , - L>- .. L ' ~ ..,..., L 0 ~.., , U . ' v, : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY. PENNSYLVANIA : , : NO. 9'-2215 CML TERM : CML ACTION. LAW : IN DIVORCE PAULA J, KEATING, PlalnlilT HAROLD J, KEATING. Defendant WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE nECREE UNDER SECTION 3301(c) OF THE DIVORCE CODE 1, I conaentto the entry of a fina1 decree of divorce wilhout nolice. 2, I undel'llland that I may lose righla concerning alimony, divlaion of property, lawyer's fees or eapenses if I do not claim them before a divorce is granted, 3. I undel'llland that I will not be divorced lmtil a divorce decree is entered by the Court and that a copy of the decree will be sent to me inunediately aner it is med with the prothonotary, I VERIFY TlIATTHE STATEMENTS MADE IN THIS AFFIDAVIT ARE TRUE AND CORRECT, I UNDERSTANDTlIAT FALSE STATEMENTS HEREIN ARE MADE SUBJECT TO THE PENALTIES OF 18 Pa.C,S. SECTION 4904 RELATING TO UNSWORN FALSIFICATION TO AUTHORITIES, 1./-/9-9(, Date ..., ,<, ,;-. "- .;) o ~ ~ .. { -J <'"""l.J r- "