Divorce - Williams, Paula Gayle_7/28/2008�
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STATE OF I�tDIANA
COWi TY OF GIBSON
IN RE: The Marria�e of
PAULA G.4YLE YORK,
Petitioner,
and
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) SS:
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�VILLIA��1 EARL 1'ORK, JR.,
Respondent.
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IP1 THE GIBSON SUPER[OR COURT
A\�'i3AL TER�`-t
CAU SB'NO. 26D01-0609-DR-73
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Nov z ; 2oos
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Clerk Gibson Superior Court
SETTLE�IE\'T AGREE�IENT
THIS AGREEAIENT, is made and entered into this 27'" day of \'ovember, 2006; by and
benveen Paula Gayle York, hereinafrerreferred to as "�Vife", and «'illiam Earl 1'ork. Jr., hereinafter
refened to as "Husband".
�VHEREAS, the �Vife has heretofore filed her Petition for Dissolution ofMar,iage, the same
bein� Cause No. 26D01-0609-DR-73 in the Gibson Superior Court; and
�VHEREAS, the parties had no children during their marriage; and
�VHEREAS, the parties accumulated certain propertyand incurred cenain obligations durin�
the course of their marria�e; and
NHEREAS, the paRies desire to resolve all issues raised in the above-described cause of
action pertainine to division of property, all claims they may have a�ainst one anothzr and pay7nent
of obli�ations, including attomey fees.
NO�V, THEREFORE, in consideration of the mutual co��enants herein contained, it is
aareed as follo���s that the �Vife shall prosecute the above-described cause of action with all
reasonable speed, and it is further a�eed as follows:
DIVISIO� OF PROPERTI'.
A. The residence of the pariies located at 20� S. Indiana Sveet, Hazleton, Indiana; more
paRicularly described as Lots \'umber », �6 and �7 of the Ori�inal Plat in the
Eastern Enlargement of the To�vn of Hazleton, shall be the property uf the Husband
subject to a Contract for Conditional Sale of Real Estate to `4att G. Blanton and Lois
Jean Blanton ("Contract"), which indebtedness the Husband assumes and a�rees to
pay. The Husband shall hold the �Vife harmless from any and all pa�menU due on
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said Contract. In the event the Husband fails to make any scheduled payrnent, he
sh811 notify the Wife of that fact and she may {nake such payment in order to avoid
said Contract from becoming in default and the Husband shall reimburse the �Vife
for any payment she makes with interest at the rate called for in the Contract. In
addition, the �Vife shall have a lien on said real estate for the amount of any such
pa}�nent. If the Husband shall become indebted to the �Vife undeFthis para�aph,
said indebtedness shall be paid without relief of evaluation and appraisement laws
and with aitorney fees. If [he Husband decides to keep the real estate afrer the
contract is paid in full, he shall pay the �Vife one-halfof the thzn-appraised value of
the real estate in monthly payments as a�reed ro by [he parties. The parties shall each
pay one-hal fof the cost of the appraisaL If the Husband decides to sell the real estate
after the contract has been paid in full, the proceeds shall be dirided equallybet�veen
the Husband and �Vife. The parties shall each pay one-half of the real estate taxes
due on said property. �
B. The �Vife shall have the residence at �00 �V. �Vamock, Lot 8A, Princeton, Indiana,
and shall be responsible for the indebtedness thereon. The 1Vife shall hold the
Husband harmless from any and all payments due for said residence.
C. The �Vife shall have as her sole property the personal property she currently has in
her possession, induding a 199� Ford van and a 1939 Pontiac.
D. The Husband shall have as his sole property the personal property he currently has
in his possession, includin� a Ford Truck and an Oldsmobile automobile.
E. The parties have medical and miscellaneous debt. Each party shall be responsible for
the total debt according to the attached Exhibits "A" and "B" and shall hold thz other
hannless from liability from the debts a�hich each party is to pay �vith attornzy fees.
1[. �llSCELLAtiEOUS.
A. [n consideration of all the promises contained in this A�eemznt the parties hereby
agree to release all daims and rieht «hich either e��er had, no��� has, or might
hereafrer have against the other by reason of iheir former relacionships; «ife and
Husband, or othenvise excepting all of the claims and rights of each pany creatzd and
outstanding against the other pursuant ro the terms of this Agreement. It is the intznt
hereof that each party hereby accept the provisions of this Aerzement in full release
and setdement of any and all of the claims and riehts a�ainst the other. It is the
further a�eement of the parties that thz provisions of this A�zement shall ir�ure to
the benefit of and be bindin� upon; the heirs, executors, administrators, and personal
representatives of the parties hereto unless othe���ise provided herein.
B. The �Vife and Husband hereby represent and warrant to each other that there has been
a full disclosure of assets and liabilities and that the propeny referred to in this
Agreement represents all the property of any sort �vhatsoe� er and wheresoever
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located, real, personal, or mixed, which either:o£them have an interest in or right to,
whether legal or equitable in the even[ tfiat it is later determined that either party has
failed to reveal assets which existed on the date the �Vife's Petition for Dissolution
of Marriage was filed, the other party shall be presumptively entitled to 50% of the
value of the asset. .
C. It is understood and a�reed that this is an A�reement to settle all property and
maintenance rights between the lVife and the Husband in the e�•ent a dissolution shall
be entered by the Court. It is further a�eed that this Agreement shall be submitted
to the Court for approval, and if so approved, shal I be incorporated in any dissolution
decree rendered by the CouR. Should the Court not enter a dissolution decree, or fail
or refuse to approve this settlement in �vhole or in part, the same shall be wholly ��oid
and of no further force and effect.
D. The parties hereto acknowledge that each is makin� this Settlement A�reement ofhis
or her o�vn free will and volition in an effort to compromise the disputed issues
behveen the parties and fuRher acl:no���ledge that no coercion or urrduz influence has
been used against either party in the makin� of this Settlement Agreement. The
parties further a�ree that this Agreement constitutes all of the terms of the contract
behveen the parties.
E. AmodificationorwaiverofanyoftheprovisionsofthisSettlementA�reementshall
be effecti��e only in made in writing executed with the same formality as this
Agreement and approved by the Court. Failure of either party to insist upon strict
performance of any of the Provisions of this A�eement shail not be consm!ed as a
«�aiver of any subsequent default of the same or similar naturz.
F. Any propeRy o���ned as joint tenants or as tenants by their marriaoz as «'ife and
Husband which is not expressly covered by the provisions of this Aareement, shall;
upon the Decree of Dissolution, ��est in Wife and Husband, equally, as tenants in
common.
G. The parties shall execute an}� and all instruments of conveyance, bills of sale, er other
documents necessary to confirm title ro the respective items of property ��'ith the
intent of the fore�oin� provisions.
H. \'one of the rights creatzd by this A�reement or by a Decrez of Dissolution entered
bv this CouR shall be assi�ablz and any purpored assi�nment t� ereof s�all be
�vholly im�alid and unenforceable.
I. The �Vife has been represented in these procezdin� by Mr. J. Robert Kinkle of the
firm of Hall, PaRenheimer & ICinkle. The Husband has not been represented by an
attomey. In entering into this Settlement Agreement, the Husband is not relying upon
any representations made to him by Mr. J. Robert Kinkle and is rel}�ng solely upon
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his ownjudgment regarding the assets and debts.involved in this dissolution and his
jucjgment as [o what is or is not a fair, just arid equitable resolution of the issues of
the division of the property and indebted nesses o�ved by the parties.
The �Vife shall have her maiden name restored to her and shall be kno�vn as Paula
Gayle �Villiams.
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Paula Gayle York, Pe �tion
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�Villiam Earl York, r., Respondent
STATE OF INDIANA, COUNTY OF GIBSON, SS:
Before me, the undersigned, a Notary Public in and for said County and State, pe�sonally
appeared Paula Gayle 1'ork and ackno�vledged the execution of the above and fore�oing
instrument.
--°>`: :?" "--_=' �VITNESS my hand and Notarial Seal this � dav of November, 2006.
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, `_ :.�. :.-.:..: _ . t
' - —�- J J. Du -Dickerson: Notary Public
-= � ''-: ;F=��: ��.== _. �•fy commission expires: June 6, 2007
__ . - - _-,°..
-_- _�... Residino in Gibson County, Indiana -
"'' STATE[OF INDIANA, COU\'TY OF GIBSON, SS:
Before me, the undersigned, a\'otary Public in and for said County and State, personally
appeared �Villiam Earl 1'ork, Jr., and acl:nowledged the execution of the above and foreaoin�
instrument.
�1'ITNESS my hand and Notarial Seal this � day of Novembe�, 2006.
, — ,, �/(LrAd��—
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J i J. Dun ickerson, \'otary Public
�•Iy commission expires: June 6, 2007
Residing in Gibson County, Indiana
i'/l �l 7 ���L// . - , ; ... _
�rl�Jert Kin1cle,��21 1�
al , Partenhein{er & Ki kle
N. HaR Street, PO Box 13
Princeton, Indiana 47670
(812)356-00�0
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