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HomeMy WebLinkAbout96-01105 " ~ , i r ~ J \" :;::) , ~I -3 ('00.. , . .. . ~~____~________~____x~~~~~____~ . --- . ---'-' . : IN THE COURT OF COMMON PLEAS ~ . OF CUMBERLAND COUNTY . . . . ~ . . STATE OF ~~ PENNA. . . ~ . . . H. ROBERT CANNELL ~ ,,1105 II) 96 . l ~ Il, . . . Yor",,, . . LOIS LEE CANNELL . . . . . i ~ · 0 E eRE E I Nk · , decreed that. , ,..~ ~ ,~.~~ERT. .C~NNELL. , . , " . , ". , . . ". ". . ". plaintiff, ~ , . ~ :~ed ~i~;~~~' ~;~~ ~::~ ~:::~~:':::~~;~~~~'.' , . , , . , , , . , . . . . .. defendant, ~ I ' . 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 jj . been entered; ~ . . . . . .~I:t~..P.Q~~. .til,lptJ~ ~. Ag C'i!li!,lIIeot en lilq . tp, .l;l)i!, ,a,QQYli!. . t;i!~JIl ,<;InP. , , . . . .* .... .r)':I~.b.~a;. ~.s. ,~n!=.c~~P?r.a~ed. ,t?':I!: not. .merge.cJ, ~!1.~C?, t.hi~. D.e.c:r!l~.'.... . , ~ . ~ , I~ . !~ it . . 1/ /,/! /';,;...v -,JJ. I ~ /] .:,.dw-t....t.<:i .U/4'0' ~r;'I.IJ">r"<C?7 i~ I 'Jt:24L- n~~ K -:5c?et", ~. I ~ ~ / Jrothonotary '1 ~ -----.-.-, " .' ,.."..~-_._._......._.....,..._,::i! ---- ------~~~~~~--------~~ AND NOW, . . - 3. In general, the settling of any and all claims and possible claims by one against the other or against their respective estates. NOW THEREFORE, in consideration of the premises and of the mutual promises, covenants and undertakings hereinafter set forth and for other good and valuable consideration, 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. AGREEMENT NOT PREDICATED UPON DIVORCE: It is specifically understood and agreed by and between the Parties hereto, and each of the Parties does hereby warrant and represent to the other that the execution and delivery of this Agreement is not predicated upon nor made subject to any Agreement for the institution, prosecution, defense or for the non.prosecution or non-defense of any action 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 action which may, has been, or shall be instituted by the other Party, or from making any just or proper defense thereto. 2 n advisable. This provision shall not be taken, however, to be an admission on the part of either Husband or Wife of the lawfulness of the causes which led to, or resulted in, the continuation of their living apart. Husband and Wife shall not molest, harass, disturb or malign each other or the respective families of each other, nor in any way interfere with the peaceful existence, separate and apart from the other, nor compel or attempt to compel the other to cohabit or dwell by any means or in any manner whatsoever with him or her; each of the parties understands and agrees that he or she shall not and will not do or say anything to either of the Children, at any time, which might in any way influence the Children or either of them adversely against the other party. 6. MUTUAL RELEASE: Husband and Wife each do hereby mutually remise, release, quit claim, and forever discharge the other in the estate of such other, for all time to come, and for all purposes whatsoever, of and from any and all rights, titles and interests, or claims in or against the property (including income and gain from property hereafter accruing) of the other or against the estate of such other, or whatever nature and whatsoever 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, or widows or widowers rights, family exemptions or similar allowance. or under the intestate laws, or the right to take against the spouse's will; or the riyhtto treat a lifetime conveyance by the other as 4 (' ... testamentary, or all other rights of a surviving spouse to participate in a deceased spouse's estate, whether arising under the laws of Pennsylvania, any state, commonwealth or territory or the United States, or any other country, or any right which Wife may have or at any time hereafter havo for past, present or future support of maintenance, alimony, alimony pendente lite, counsel fees, costs or expenses, whether arising as a result of the marital relation or otherwise, 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 thereof. It is the intention of Husband and Wife to give each other, by the execution of this Agreement, a full, complete and general release with respect to any and all property 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. 7. PERSONAL PROPERTY: Husband and Wile do hereby acknowledge that they will divide the marital property as of the date of this Agreement, including, but without limitation. jewelry, clothes, furniture and other personalty and hereafter Husband agrees that ail the property in the possession of Wife on October 1. 1995. shall be the sole, separate property of the Wife; and Wife agrees that all of the property in the possession of the Husband on October 1. 1995 shall be the sole. separate property of Husband; irrespective of the foregoing provisions. Husband 5 .. hereby agrees to set over, transler and assign all 01 his right, title and interest to those personal effects and items 01 personalty that are more fully described in Schedule" A," which has been annexed hereto and made a part hereof and which shall become the sole property of Wife with the right to remove same from the marital premises or from wherever located, and Wife hereby agrees to set over, transler and assign all of her right, title and interest to those personal effects and items of personalty that are more fully described in Schedule "B" which has been annexed hereto and made a part hereof and which shall become the sole property of Husband. By these presents, each of the Parties does hereby specifically waive, release, renounce and forever abandon whatever claims he or she may have with respect to any of the above-Items which are the sole and separate property of the other from the date of execution hereof. Wile reserves reasonable amount of time to remove personal properties contained in premises. 8. AFTER-ACQUIRED PERSONAL PROPERTY: Each of the Parties shall hereinafter own and enjoy, independently of any claim or right of the other, all items of personal property, tangible or intangible, acquired by him or her alter October 1, 1995, 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. 6 . 12. WARRANTY AS TO EXISTING OBLIGATIONS: Each Party represents that they have not heretofore incurred or contracted for any debt or liability or obligation for which the estate of the other Party may be responsible ar liable except as may be provided for in this Agreement. Each Party agrees to indemnify or hold the other Party harmless from and against any and all such debts, liabilities or obligations of every kind which may have heretofore been incurred by them, including those for necessities, except for the obligations arising out of this Agreement. 13. WARRANTY AS TO FUTURE OBLIGATIONS: Husband and Wife each covenant, warrant, represent and agree that each will now and at all times hereafter save harmless and keep the other indemnified from all debts, charges and liabilities incurred by the other after the date of this Agreement, except as may be otherwise specifically provided for by the terms of this Agreement and that neither of them shall hereafter incur any liability whatsoever of which the estate of the other may be liable. 14. WAIVER OF ALIMONY. SUPPORT AND MAINTENANCE: Husband and Wife do hereby waive, release, and give up any rights they may respectfully have against the other for alimony, support, or maintenance. It shall be from the date of this Agreement the sole responsibility of each of the respective parties to sustain themselves without seeking any support from the other party. The parties hereby acknowledge that by this Agreement each has respectfully secured and maintained a substantial and adequate fund with which to provide themselves sufficient financial 9 . other such writings as may be necessary or desirable for the proper effectuation of this Agreement in order to carry out fully and effectively the terms of this Agreement. 1 B. FULL DISCLOSURE: Each party asserts that he or she has made a full and complete disclosure of all of the real and personal property of whatsoever nature and wherever located belonging in any way to either or both of them, of all tho debts and encumbrances incurred in any manner whatsoever by either or both of them during the marriage, of all sources and amounts of income of each party, and of every other fact relating in any way to the subject matter of this Agreement. These disclosures are part of the consideration made by each party for entering in this Agreement. 19. ENTIRE AGREEMENT: This Agreement contains the entire understanding between the Parties. There are no representations, warranties, covenants or undertakings other than as expressly set forth herein. 20. WAIVER OR MODIFICATION TO BE IN WRITING: No modification nor waiver of any of the terms hereof shall be valid unless in writing and signed by both Parties and no waiver of any breach hereof or default hereunder shall be deemed a waiver of any subsequent default of the same or similar nature. 1 1 , 21. LAW OF PENNSYlVANIA APPLICABLE: This Agreement shall be construed in accordance with the laws of the Commonwealth of Pennsylvania. 22. AGREEMENT BINDING ON HEIRS: This Agreement shall be binding and shall inure to the benefit of the Parties hereto and their respective heirs, executors, administrators, successors and assigns. 23. SEVERABILITY: 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 Agreement and in all other respects this Agreement shall be valid and continue in full force, effect and operation. Likewise, the failure of any Party to meet his or her obligations under anyone or more of the paragraphs herein with the exception of the satisfaction of the conditions precedent, shall in no way void or alter the remaining obligations of the Parties. 24. HEADINGS NOT PART OF AGREEMENT: Any headings preceding the text of the several paragraphs and subparagraphs hereof are inserted solely for the convenience of reference and shall not constitute a part of this Agreement nor shall they effect its meaning, construction or effect. 12 (' ~EDULE .. An Wife's Personal ProDerlv i!u~ j" MI ('I!'''''' -j; fil roNiLL tV6/1/ e-b& 4 fAt,1J'/fI (l,leane. r for ILJ/fe_ -,,, -/-" n\ <u' + e ct '?SLt r't"'~'.::> U I sA-- OI'lrl'/c.. l1CV\\.:') Dti.Jthl!.-e_. ..11/", Y 1/fLe- ;l ~"IV1'rLn-rf l~ r~~:J.f~f"'7 V [, (2 ~ltttI;4(z..trn,(,{.,:t- f!,.t wiG 6f6Ah~L.?~r4~ ~t(,l~v-f>>1,{}I1Mt/l Ii., k1!iI'}t!ii1W '-N dt-t-,t; .$Oe..- .3 (,c, It 1"'~ 1i1!!J- Itiunn 4utZ ~/t:.- _ oJ/.. 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