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or malign the other, or in any other way interfere with IIleir peaceful existence, separate and apart from
the other.
3. Mutual Ral"aSB. Subject to the provisions contained in this Agreement, each party has
raleased and discharged, and by this Agreement does for himself or herself, and his or her heirs, legal
repressntatives, executors, administrators and assigns. forever release and discharge the other of and from
all causes of action, claims, rights or demands whatsoover in law or equity, which either of tne parties
ever had or now has against the other, except a cause or causes of action for divorce or all causes of
action for breach of any provisions of this Agreement. Further, each party, subject to the provisions of
this Agreement, releases end forever discharges the other from any and all claims one may havll against
the other arising out of this matrimonial ection, including, but not limited to elimony, alimony pendente
lite, spousal support, equitable distribution, counsel fees, costs and expenses.
4. W./ve, of CIa/mil Aaa/nllt the EiJt.te. Except as herein otherwise provided, each party may
dispose of his or her property in any way, end eech party hereby waives and relinquishes any and all righ!s
he or she mey now have or hereafter acquire under the present or future law of any jurisdiction to share
in ths property or the estate of the other as a result of the marital relationship, including, without
limitation, dowry, courtesy, statutory allowance, widow's allowance, homestead rights, right to equitable
distribution, rights to take in intestacy, right to elect against the will of the other, and right to act as
edmlnistrator or executor of the other's estate. Each party will, at the request of the other, execute,
acknowledge end deliver any and all instruments that may be necessary or advisable to carry into effect
this mutual waiver and relinquishment of all such interests, rights and claims.
5. D/vis/on of P",sonBI P'OD"nv. The parties hereto have divided between themselves, to their
mutuel satisfaction, all items of tangible marital personal property, including household furnishings and
other similar property. Neither party shall make any claim to any such items of marital property, or of the
separate personal property of either party. Should it become necessary, the parties each agree to sign,
upon request, any titles or documents necessary to give effect to this paragraph. Wife presently has
certain items of personal property including, but not limited to, a Japanese antique chest, which shall
become her sole end separate property, stored at the former marital residence at 1885 West lisburn Roed,
Carlisle, Pennsylvania. The parties shall agree on a mutually convenient time and date within fourteen (14)
OHI37J-OOOOI/SoptomlluI9, 19\16/DWDIMH"MU
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days after PNC Mortgage Company approves Husband's financing (which requires approval of this
Agreement) for Wife to remove those items of personal property from the former marital residence.
With rsspect to the motor vehicles owned by one or both of the parties, they agree as follows:
A. The 1991 Nissan Maxima shall become the sole and separate property of Husband, subject
to any liens and encumbrances, which Husband agrees to timely payoff, in full. and hereby
Indemnifies and saves Wife harmless on account of any said obligation.
B. The 1986 Ford F-150 Truck and the 1986 Jeep Wagoneer shall become the sole and
separate property of Husband. Said vehicles are not subject to any liens or encumbrances
and are owned free tmd clear.
The titles to the said motor vehicles shall be executed by the parties, if appropriate, for effecting
the transfer as herein provided, on the date of execution of this Agreement if the title is in the possession
of one or the other party. In the event that either or all of the documents of title to the said vllhicles shall
be in the hands of a bank or other holder of the lien or encumbrance upon said vehicle, the parties agree
to advise such bank or holder as to the transfer of title set forth herein and they further agree to execute
whatever documents may be required to transfer title or said document of title as in the hands of such
bank or holder.
6. Distribution 01 Reel ProDertv. The parties are presently the joint owners as tenants by tt'1e
sntireties of two tracts of real estate located in Monroe Township, Cumberland County, Pennsylvania.
The two tracts are contiguous to each other and were obtained by Husband and Wife as set forth in deeds
recorded in the Cumberland County Recorder of Deeds Office in Deed Book "D", Volume 34, Page 1040
and Deed Book "R", Volume 28, Page 742. Wife agrees to transfer all of her right, title and interest in
and to both of said tracts of real estate located at 1885 West lisburn Road, Monroe TownShip, Carlisle,
Cumberland County, Pennsylvania to Husband upon the payment by Husband to Wife of the sum of
$27,000.00. Wife agrees that upon her execution of this Agreement she shall execute a deed conveying
all of her interest in both tracts of real estate to Husband, which deed shall be held in escrow by Wife's
attorney. Said deed shall be delivered by Wife's attorney to Husband's attorney or settlement agent upon
the payment to Wife of tt'1e sum of $27,000.00 and upon Husband satisfying the present first mortgage
OI037J.OOOOIISqtomk,19. 1996IDWDIMHI56.U
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to GMAC Mortgage Corporation, the second mortgage [0 Mellon Bank, and a third mortgage to Mellon
Bank. The parties acknowledge that Husband has received a commitment letter from PNC Mortgags
Company (contingent upon approval of this Agreement) to issue sufficient funds to payoff each of the
above raferenced mortgages thereby removing Wife's name from any obligation encumbering said tracts
of real property. Any funds held in escrow by a third party, including GMAC Mortgage Corporation, or
its successor as a result of a mortgage or mortgages encumbering said tracts of real property sre hereby
assigned to Husband. Upon Wife's attorney's delivery of the deed and other documents necessary to
confirm the transfer of both tracts of real estate to Husband, Wife acknowledges that she shall have no
claim, right, interest or title whatsoever in said real property and further agrees never to assert any claim
to said real property. In the event Husband's PNC Mortgage Company financing is rejected and he fails
to satisfy each of the three (3) joint mortgages referred to in this paragraph and make the lump sum
payment to Wife within thirty (30) days of the parties' execution of this Agreement, this entire Agreement
shall become null and void.
7. Debts and Liabilities. Husband and Wife hereby represent and warrant to the other that he
or she has not incurred any debts or liabilities or made any contracts for which the other or his or her
estate may be liable, except as stated in this Agreement. Other than the mortgages listed in paragraph
six (6) above, the parties eCknowledge that they have the following outstanding debts and liabilities which
are marital property:
Creditor
A. Farmers Trust Company - Credit Line
B. Northern Central Bank - Automobile Loan
C. US Air 401(k) Loan
C. Pennsylvania State University' College Loan
D. Real Estate Taxes' Cumberland County Tax Claim Bureau
E. AT&T Universal C,'edit Card
F. Bank of America Credit Card
G. Chevy Chase Bank Credit Card
H. Colonial National Bank Credit Card
I. Fidelity Investments Credit Card
J. First Card Credit Card
ADDroximate Balance Due
$1.974.84
$11,207.15
$15,700.00
$1,650.00
$163.19
$7,928.69
$4,925.51
$2.483.49
$1.478.33
$5,318.73
$8,562.91
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K.
L.
M.
N.
O.
P.
Q.
R.
MBNA/AOPA Crsdit Csrd
North Amsrlcan Hunting Club Credit Card
Rocky Mountain Bank Vila
Travelsrs Bank Credit Card
USAA Credit Card
US Air Nations Benk Credit Card
York Bank Credit Card
MBNA/Shlppenaburg University Cradit Card
$1.893.02
$3.832.64
$4,805.39
$9,961.62
$4,719.95
$7.851.73
$4.904.02
$5.934.62
Husband agreas that with ragard to all the debts and liabilities listed above in letters A through Q,
thasa shall become hia aole and separats obllgstion. and Husband hereby agrees to pay each of the
aforasaid debts, In full. on e timely besls. Husband further covenants and agrees that he wilt indemnify,
dafend and live Wlfa harmless from any and all liability. expense. cost or loss whatsoever as a result of
hi. nonpeyment or nonperformance of the aforesaid obligations.
Wife agrees thot with regard to the MBNA/Shippensburg UniversitY Credit Card debt and liabilitY
lI.ted sbove as letter R thla debt shall become her .ole and seperate obligation. snd she hereby agrees to
pay the aforesaid debt off, in full. on a timely basis. Wife further covenants and agrees that she will
Indemnify, defend and seve Husband harmless from eny end all liability, expense. cost or loss whatsoever
a. a result of her nonpayment or nonperformsnce of the said obligation.
8. Contlngant We/ve, of AI/monv. Wife hereby waives her entitlement to alimony except as
.et forth In this paragraph B. In the event Husband declares bankruptcy and discharges any of the debts
he hes egreed to a..ums sa set forth in paragraph 7 hereof. and which are joint obligations, Wife shall
have the right to receive alimony under such circumstances. but only under those circumstances. In that
evant. alimony shall be psyable from Husband to Wife in a sum not more than any amounts she may be
required to pay any joint creditors of the pallies. Wife shall not be entitled to seek alimony on any other
basi. and all rights thereto sre specifically waived except as specifically set forth in this paragraph.
9. W.fIUntves to Future Obl/alltions. Husband and Wife each covenant, warrant, represent
and agree that with the exception of the obligations set forth in this Agreement. neither of them shall
hereafter Incur eny liability whatsoever for which the estate of the other may be liable. Each party shall
OIOJ7J.OOOO1I~19. 1996/DWDlMl/IlMU
indemnify and hold harmless the other party for and against any and all debts, charges and liabilities
incurred by the other after the date of execution of this Agreement, except as may be otherwise
specifically provided for by the terms of this Agreement.
10. A h., A caul,ed Person.1 PtaD.Ttv. Each of the parties hereto shall hereafter own and enjoy,
independent of eny claims or right of the other, all items of personal property, tangible or intangible,
hereeftsr 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, es though he or she were unmarried.
11. ReD,.unt.tlon bv Counsel. The provisions of this Agreement and their legal affect have
been fully explained to the parties by their respective counsel. Husband has employed and had the benefit
of Dsvid W. DeLuce, Esquire, as his attorney. Wife has employed and had the benefit of Max J. Smith,
Esquire, as her attorney. Each party acknowledges that he or she has received independent, legal advice
from counsel of his or her selection and that each fully understands the facts and hes been fully informed
as to his or her legal rights and obligations and each party acknowledges and accepts that this Agreement
is, fair and equitable, and that it is being entered into freely and voluntarily.
12. DIva,,;.. Wife has filed s divorce action, which includes a claim for equitable distribution,
alimony, alimony pendente Iits, counsel fees and expenses in the Cumberland County Court of Common
Pleas on February 28, 1996 to docket number 96-1109 Civil Term. The parties agree and aCknowledge
that their marriage is irretrievably broken, that they do not desire marital counseling, end that they both
consent to the entry of a decree in divorce pursuant to Section 3301 (c) of the Pennsylvania Divorce Code,
Act 26 of 1980, as may be amended (hereinafter referred to as the Code). Accordingly, both parties
egree that at the time of their execution of this Agreement, both shall execute such consents, affidavits
or other documents and to direct their respective attorneys to forthwith file such consents, affidavits or
other documents as may be necessary to promptly proceed to obtain a divorce pursuant to said Section
3301 (c) of the Code. Upon request, to the e);tent permitted by law and the applicable rules of civil
procedure, both parties in such divorce action shall execute any waivers of notice or other weivers
necessary to expedite such divorce. Wife further agrees to direct her attorney at the time of filing the
documents necessary to finalize this divorce action to praecipe the Prothonotary of Cumberland County
to dismiss her claims for equitable distribution, alimony, alimony pendente lite, counsel fees and expenses
with prejudice.
OlOJ1J-OOOOI/IJ"h..m~41 '., IW6iDWDlMIC,...lJ
13. I"-t:t III thtl D/lIl1rt:tI Dtlt:"tI. The parties agree that unless otherwise specifically provided
her.ln, this Agr..m.nt Ihall continua in full forcs and effect after such time as a final decree in divorce
mlY be Intsrsd with rupoctto th. parties. It is the intent of the parties hereto that this Agreement shall
crutl contrectull rights and obligations entirely independent of any Court Order and that this Agreement
mlY b. Inforcld by contract remedies in addition to any other remedies which may be available pursuant
to thl terml of thi. Agreement or otherwise under the Pennsylvania divorce laws. The parties agree that
the t.rml .nd provisions herein may be incorporated and made part of any Divorce Decree entered
betwI.n them. Slid Agreement shsll not merge with, but shall survive the Decree in Divorce, and will
be IncOtpor.tld fOt the purposes of enforcement end confirmation of the Isgal duties and obligstions
requlr.d h.rein.
14, .1I111t At:t:QUllu. Ca"iflclltes. Insurance Po//cles. Pension Funds IInd oth.r Assets. Each
perty Ihall retlln .ny Individual retirement account (IRA) now existing in his or her name. Each party shall
ret.in .. hie or her own property. any pension, stock. savings or other plan through his or her place of
Imploym.nt. or otherwise, whether vested or non vested. Wife acknowledges that Husband is the owner
Ind beneficiary of e US Air 401 (k) savings plan with a market value as of December 31, 1995 of
U3.211.2&. I Fidelity IRA with a market value of $1,219.63 on December 31. 1995. and a US Air
Defined "en.lon Benefit with a pressnt value of $91,166.96 as of January 11, 1996. Wife acknowledges
thet Isch of thsse three (3) aforesaid retirement accounts/plans shall become the sole and separate
property of Husband free of any claim as to marital property by Wife. Husband acknowledges that Wife
II the owner of a Fidelity account with a balance as of February 9, 1996 of $2,443.37 and a member of
th. "Innsylvania School Employees Retirement System to which she had a balance as of June 30, 1995
of .14,& 1 0.78. Husband ecknowledges that each of these two (2) aforesaid accounts shall become the
lole Ind leparlte property of Wife free of any claim as to marital property by Husband. Each party shall
be and remain the sole owner of sny other asset in his or her control not specifically covered by other
provisions in this Agreement. Should it become necessary. each party agrees to sign any other titles or
documents necessary to give effect to thiS section upon request of the other party.
15. AddJtlonllllnstruments. Each of the parties shall, on demand. execute and deliver to the
other any deeds. bills of sale, assignments. consents to change of beneficiary on insurance policies. tax
returns end other documents and do or cause to be done any other act or thing that may be necessary
or desirable to effectuate the provisions and purposes of this Agreement. If either party fails. on demand,
OIOJ7J.ooooIlikpto.....'19. 1996/DWDIMHl5MU
to comply with this provision, that party shall pay to the other, all attorneys fees, costs and other
expenses reasonably incurred as a result of such failure.
16. Bruch. If either party breaches eny provision of this Agreement, the other party shall have
the right, at his or her election, to sue for damages for such breach. The party breaching this Agreement
shell be responsible for the payment of all legal fees and costs incurred by the other in enforcing his or
her rights under this Agreement, or seeking such other remedy or relief as may be available to him or her.
17. Modiflcetlon end We/ver. Modification or waiver of any provision 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 strict performance of any of the provisions of this Agreement shall not be
construed as s waiver of any subsequent default of the same or similar nature.
18. Se"erebillt". If any provision of this Agreement is held to be invalid or unenforceable, all
other provisions shall nevertheless continue in full force and effect.
19. OescdDti"e H.edlnas. The descriptive headings used herein are for convenience only. They
shall have no effect whatsoever in determining the rights or obligations of the parties.
20. Successors and Assians. This Agreement, except as otherwise expressly provided herein,
shall be binding upon and shall inure to the benefit of the respective legetees, devisees, heirs, executors,
administrators, assigns and su.:cessors in interest of the parties.
21. Go "emma Lm. This Agreement shall be governed by and shall be construed in accordance
with the laws of the Commonwealth of Pennsylvania.
22. Entire Aar..m.nt. This Agreement contains the entire understanding of the parties and
there are no representations, warranties. covenants or undertakings other than those expressly set forth
herein.
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NANCY S. PRIE3,
Plaintiff
vs,
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 96- /1. 'I civil Term
CIVIL ACTION ., LAW
IN DIVORCE
JON D. PRIES,
Defendant
NOTICE TO DEFEND AND CLAIM RIGHTS
YOU HAVE BEEN SUED IN COURT. If YOl! 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 of
divorce or annulment may be entered against you by the
court. A judgment 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 the divorce is indignities or
irretrievable breakdown of marriage, you must request mar-
riage counseling. A list of marriage counselors is avail-
able in the Office of the Prothonotary at
CUMBERLAND COUNTY COURTHOUSE
CARLISLE, PENNSYLVANIA 17013
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 MAY 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.
COURT ADMINISTRATOR
CUMBERLAND COUNTY COURTHOUSE, 4th FLOOR
1 COURTHOUSE SQUARE
CARLISLE, PENNSYLVANIA 17013 3387
(717) 240-6200
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MAX J. SMITH, .JR., Esquire
Attorney for Plaintiff
P.O. Box 650
Hershey, PA 17033
(717) 533-3280
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