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in lieu of and in full discharge, settlement and satisfac-
tion of all such rights and claims.
NOW, THEREFORE, in consideration of the premises and of
the marriage, and in further consideration of the mutual
promises and undertakings hereinafter set forth, each in-
tending to be legally bound hereby, the parties agree as
follows:
1. SEPARATION. It shall be lawful for each party at
all times hereafter to live separate and apart from the
other party at such place as he or she may from time to time
choose or deem fit. The foregoing provisions shall not be
taken as an admission on the part of either party of the
lawfulness or unlawfulness of the causes leading to their
living apart.
2. INTERFERENCE. Each party shall be free from
interference, authority and contact by the other, as fully
as if he or she were single and unmarried except as may be
necessary to carry out the provisions of this Agreement.
3. WIFE'S DEBTS. Wife r~presents and warrants to
Husband that as of the date of separation she has not in-
curred, and in the future she will not contract or incur,
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any debts or liability for which Husband or his estate might
be responsible and shall indemnify and save harmless Husband
from any and all claims or demands made against him by
reason of debts or obligations incurred by her. Any and all
loans and/or debts, and charge accounts, presently in Wife's
name alone shall be Wife's sole and separate responsibility
for payment. Wife agrees to indemnify and save harmless
Husband from any loss he may sustain, including attorney
fees, as a result of any default in payment by Wife.
4. HUSBAND'S DEBTS. Husband represents and warrants
to Wife that as of the date of the separation he has not
incurred, and in the future he will not contract or incur,
any debt or liability for which Wife or her estate might be
responsible and shall indemnify and save harmless Wife from
any and all claims or demands made against her by reason of
debts or obligations incurred by him. Any and all loans
and/or debts, and charge accounts, presently in Husband's
name alone shall be Husband's sole and separate responsibil-
ity for payment. Husband agrees to indemnify and save
harmless Wife from any loss she may sustain, including
attorney fees, as a result of any default in payment by
Husband.
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5. EOUITABLE DISTRIBUTION. Husband and Wife acknowl-
edge and agree that the provisions of this Agreement with
respect to the distribution and division of marital and
separate property are fair, equitable and satisfactory to
them based on the length of their marriage and other rele-
vant factors which have been taken into consideration by the
parties. Both parties hereby accept the provisions of this
Agreement with respect to division of property in lieu of
and in full and final settlement and satisfaction of all
claims and demands that they may now have or hereafter have
against the other for the equitable distribution of their
property by any court of competent jurisdiction pursuant to
section 3502 of The Divorce Code or any other laws. Husband
and Wife voluntarily and intelligently waive and relinquish
any right to seek a court ordered determination and distri-
bution of marital property, but nothing herein contained
shall constitute a waiver by either party of any rights to
seek the relief of any court for the purpose of enforcing
the provisions of this Agreement.
6. DIVISION OF PERSONAL PROPERTY AND VEHICLES. The
parties have divided between them, to their mutual satisfac-
tion, the personal effects, bank accounts, household furni-
ture and furnishings and all other articles of personal
property which have heretofore been used by them in common.
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The parties expressly agree that Wife shall be entitled
to exclusive ownership of the 1985 Jeep Cherokee which is
currently in her possession, and that Husband shall relin-
quish any and all interest he may have in same. Wife agrees
to be solely responsible for payment of any and all encum-
brances and expenses affecting such vehicle. Husband shall
be entitled to exclusive ownership of the 1967 Chevrolet,
1977 Ford truck and 1965 Jeep which are currently in his
possession, and Wife shall relinquish any and all interest
she may have in same. Husband agrees to be solely respon-
sible for payment of any and all encumbrances and expenses
regarding such vehicles.
The parties further agree to execute an}' vehicle ti-
tles, POWer of Attorney or other documents necessary to give
this Paragraph full force and effect, upon request.
7. CAPRICORNER LTD. BUSINESS. Wife hereby forever
relinquishes any and all claims or interest she may have in
Husband's business enterprise known as capricorner Ltd.
This specifically includes any and all real estate, equip-
ment and inventory, accounts or miscellaneous property of
whatsoever nature in connection with said business. Husband
hereby assumes sole responsibility for any and all leases,
loans and all other obligations in connection with the
aforesaid business, and shall indemnify, and save harmless
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Wife from any loss she may sustain, including attorney fees,
as a result of any default in payment by Husband.
8. CUSTODY. Wife shall have primary physical and
legal custody of the minor child, Dusten L. Taggart. Hus-
band shall have partial custody at such times as the parties
hereafter mutually agree and arrange. The parties shall
share time with the children on major holidays, the exact
times to be arranged between them.
9. CHILD SUPPORT. Husband shall pay child support
pursuant to the Order which has been entered in the Domeotic
Relations Order of Cumberland County, Pennsylvania, pursuant
to No. DR 25,268, or as such order may hereafter be modi-
fied.
10. ALIMONY. Husband shall pay to Wife the sum of
$50.00 per week as alimony, for a period of four (4) years
from the date of the parties' final decree in divorce. said
payments shall be payable ~hrough the Domestic Relations
Office of Cumberland County, pursuant to No. 25,268. The
parties acknowledge that the $50.00 per week alimony sum is
the same amount which is presently being paid as spousal
support.
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Alimony shall not be subject to modification by either
party. For income tax purposes, alimony specifically shall
be a deductible expense for Husband and includable as income
for Wife.
Alimony shall terminate only in the event of Wife's
remarriage or death.
11. COUNSEL FEES. Husband agrees to be solely respon-
sible for payment of his attorney fees in connection with
this Agreement and the pending divorce action between the
parties, and shall contribute the sum of $1,000.00 toward
Wife's attorney fees regarding same, payable directly to
Wife's counsel in monthly installments of not less than
$200.00 each, commencing on or before September 15, 1996 and
continuing on or before the 15th day of each month until
paid in full.
12. COLLEGE EDUCATION EXPENSES. Husband agrees to be
solely responsible for payment of the post-high school
education expenses of their minor child which are not cov-
ered by loans, grants, scholarships or other forms of finan-
cial aid, pursuant to Pennsylvania law at such time as the
child actually pursues post-high school education. Said
expenses shall include tuition, room, board, miscellaneous
.
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expenses in connection with such educational pursuits of the
child.
13. LIFE INSURANCE. Husband agrees to maintain what-
ever life insurance policies exist as of the date of this
agreement on his life naming the minor child as irrevocable
beneficiary until he attains age 22. Proof of beneficiary
designation and payment of premiums shall be furnished
annually upon request by either party.
14. FINANCIAL DISCLOSURE. The parties have disclosed
to each other and they are aware of the extent of each
other's income, assets, liabilities, holdings and estates.
Husband and Wife confirm that by executing this Agreement
each forever waives any future right to set aside said
Agreement, or to defend against its enforcement or any
portion thereof based upon the absence of such a disclosure
by the other party, or based upon any claim that it is
inequitable, unconscionable or does not make a reasonable
provision for one or the other of them.
15. BREACH. If either party breaches any provisions
of this Agreement, the other party shall have the right, at
his or her election, to sue for damages for such breach,
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including legal fees and expenses, or seek such remedies or
relief as may be available to him or her respectively.
16. ADDITIONAL INSTRUMENTS. Each of the parties shall
from time to time, at the request of the other, execute,
acknowledge, and deliver to the other party any and all
further instruments that may be reasonably required to give
full force and effect to the provisions of this Agreement.
17. VOLUNTARY EXECUTION. The provisions of this
Agreement and their legal effect have been fully explained
to Wife by Max J. smith, Jr., Esquire, attorney for Wife,
and each party acknowledges that the Agreement is fair and
equitable, that full disclosure has been made by each re-
spective party to the other, that it is being entered into
voluntarily, and that it is not the result of any duress or
undue influence. Wife and Husband acknowledge that they
have been furnished with all information relating to the
financial affairs of the other, which has been requested by
them respectively. Husband has been advised of his right to
retain independent legal counsel to advise him concerning
this Agreement and the pending divorce action between the
parties, and acknowledges that he has waived such right.
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18. NO-FAULT DIVORCE. Both parties agree to execute
an Affidavit of Consent and Waiver of Counseling to facili-
tate entry of a divorce decree pursuant to Section 3301(c)
of the Divorce Code contemporaneously with execution of this
Agreement.
19. WAIVER OF CLAIMS AGAINST ESTATE. Except as herein
otherwise provided, each party may dispose of his or her
property in any way, and each party hereby waives and relin-
quishes any and all rights he or she may now or hereafter
acquire, under the present or future laws of any jurisdic-
tion, to share in the property or the estate of the other as
a result of the marital relationship, including, without
limitation, dower, curtesy, statutory allowance, widow's
allowance, right to take property against the Will of the
other, and the right to act as administrator or executor of
the other's estate, and each will, at the request of the
other, execute, acknowledge and deliver any and all instru-
ments which may be necessary or advisable to carry into
effect this mutual waiver and relinquishment of all such
interest, rights and claims.
20. INCORPORATION OF AGREEMENT FOR ENFORCEMENT. This
Agreement shall bind the parties hereto and their respective
heirs, executors, administrators, legal representatives and
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assigns. This Agreement shall survive a decree of divorce
between the parties in any jurisdiction and any other order
which may be entered in accordance with this Agreement. In
the event that a Decree of Divorce is entered in the Court
of Common Pleas of Cumberland County, Pennsylvania or in the
event that a Decree in Divorce is entered in any other
jurisdiction, the parties agree to incorporate this Agree-
ment in the Divorce Decree for purposes of enforcement. It
is the specific intent of the parties to be bound by the
provisions hereof in lieu of any other claim or order of
support, maintenance, alimony, equitable distribution,
counsel fees, costs, maintenance of insurance, equitable
relief or property settlement or with regard to any other
claim for rnlief which might be brought by either party
against the other, or with regard to any other provision
hereof. In the event that any final order of court is
entered in any jurisdiction with respect to the parties
hereto which is contrary to the provisions hereof, then the
rights and responsibilities of each of the parties hereto
shall be relieved or adjusted to the extent necessary to
conform to this Agreement.
21. ENTIRE AGREEMENT. This Agreement contains the
entire understanding of the parties, and there are no repre-
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sentations, warranties, covenants or undertakings other than
those expressly set forth herein.
22. MODIFICATION AND WAIVER. A modification or waiver
of any of the provisions of this Agreement shall be effec-
tive 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 a waiver or any
subsequent default of the same or similar nature.
23. DESCRIPTIVE HEADINGS. The descriptive headings
used herein are for convenience only. They shall have no
effect whatsoever in determining the rights or obligations
of the parties.
24. IRREVOCABILITV. It is understood and agreed to by
and between the respective parties hereto that the property
division-distribution effected by the herein Agreement is
IRREVOCABLE and that such division-distribution shall not be
affected by any future change in circumstances of the re-
spective parties OR by other statutory or jUdicial alterna-
tives which may be available to the respective parties under
prior, current or future laws of the Commonwealth of Penn-
sylvania or any other jurisdiction. The parties hereby
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waive any respective rights to financial support and/or
alimony and/or pension or future expectancies each may
respectively have under prior, current or future laws or
case decisions.
IN WITNESS WHEREOF, the parties havs hereunto set their
hands and seals the day and year first above written.
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(~I(/}d!/(---)
WITNESS (! 1 I, ,':" I, { /
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(-'1\"'\"'1-' \\ \(\(I-n, ~
BRENDA A. TAGGART' ,
WITNESS
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J S H D. TAGG
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.!:1.R~N.~t'..L\..-.:.r_~9.q~.R.'rJ... .__ __., .on_m
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In the COU" or Common Pleq or
Cumberland Count)', Penll.lyll'Ania
PI f1inti ff
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VJ.
Nn. m_.~~_-.l.!H~Lm_______ ClvU.
19__....
JOSEPH D. TAGGART
_____.___________________J____________________
CIVIL ACTION LAW
------..-----------..----..----------------------
Defendan t
----..-..---------------------------------------
IN DIVORCE
................. ............ ...-... -------..-....----....---..-
'ra THE PRQT!l.q!:l.9.T.A.~Y.t.. ................_....._.......nn_... ...._......__....._._____..
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Divorce. filed on behfllf of Brenda A. Taggart. Plaintiff. in the
..........---.-------------.....-----...---..---------....----..-----..--.-----------------..-..---------.
above matter. '
0..--....--------------..------. .-----------------------------------------------------------------.--
Thank you.
._-----------------------------~----_._----------------------------------------------------------
~--------------------------_._-_.._--------------~---------------.--------------------------------
.-------------------------- -. ------------------------------ -------- -----..----. -- .----------------
To
Lawrence E. Welker.
------------------------------------------
Prothonotary
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Max J. Smi th .'~.jf-:: Allomcy {or Plaintirf.
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VB.
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 96- 1'i?'l5 civil Term
CIVIL ACTION - LAW
IN DIVORCE
BRENDA A. TAGGART,
Plaintiff
JOSEPH D. TAGGART,
Defendant
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 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) 2f})j/:~~)Jry())
MAX J:' -:~~T~,U:., Esquire
Attorney for Plaintiff
P.O. Box 650
Hershey, PA 17033
(717) 533-3280
ty has increased in value during the marriage and/or which
has been exchanged for other property, which has increased
in value during the marriage, all of which is "marital
property".
14. Plaintiff and Defendant have been unable to agree
as to an equitable division of said property to the date of
the filing of this Complaint.
WHEREFORE, Plaintiff requests the Court to equitably
divide all marital property.
COUNT III - ALIMONY
15. Paragraphs one (1) through fourteen (14) are
incorporated herein by reference as though set forth in
full.
16. Plaintiff lacks sufficient property to provide for
her reasonable means and is unable to adequately support
herself through appropriate employment.
17. Plaintiff requests reasonable eupport to adequate-
ly maintain herself in accordance with the standard of
living established during the marriage.
WHEREFORE, Plaintiff requests the Court to enter an
award of reasonable temporary alimony and additional sums as
they may become necessary from time to time hereafter until
final hearing and permanently thereafter.
'.
I verify that the statements made in this complaint
are true and correct. I understand that false statements
herein are made subject to the penalties of 18 Pa. C.S.
section 4904, relating to unsworn falsification to authori-
ties.
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BRENDA A. TAGGART, IN THE COURT OF COMMON PLEAS
Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA
vs. NO. 96-1845
JOSEPH D. TAGGART, CIVIL ACTION - LAW
Defendant IN DIVORCE
CERTIFICATE OF SERVICE
AND NOW, this loth day of April, 1996, I, MAX J. SMITH,
JR., Esquire, Attorney for Plaintiff, hereby certify that I
have this day sent a copy of Complaint in Divorce by depos-
iting a certified copy of the same in the United States
mail, postage prepaid, certified mail #P 258 987 728 at
Hershey, Pennsylvania, addressed to:
Joseph D. Taggart
12 Old Stonehouse Road South
Carlisle, PA l7013
Mailing and return receipt cards attached hereto.
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SUSAN E. LEDERER, Esqu re
on behalf of
MAX J. SMITH, JR., Esquire
I.D. No. 32114
JAMES, SMITH & DURKIN
P.O. Box 650
Hershey, PA l7033
(717) 533-3280
P 258 987 726
US POllal SOl1/lco
ReceIpt fQr Certified Mall
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BRENDA A. TAGGART,
plaintiff
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 96-1845 civil Term
v.
JOSEPH D. TAGGART,
Defendant
CIVIL ACTION - LAW
IN DIVORCE
AFFIDAVIT OF CONSENT AND
WAIVER OF COUNSELING
1. A complaint in Divorce under Section 3301 of the
Divorce Code was filed on April 8, 1996.
2. The marriage of Plaintiff and Defendant is irre-
trievably broken, and ninety days have elapsed since the
date of filing the complaint.
3. I consent to the entry of a Final Decree of Di-
vorce.
4. I have been advised of the availability of mar-
riage counseling and understand that I may request that the
court require that my spouse and I participate in counsel-
ing. I further understand that the Court maintains a list
of marriage counselors in the Prothonotary's Office, which
list is available to me upon request. Being so advised, I
do not request that the Court require that my spouse and I
participate in counseling prior to a decree being handed
down by the Court.
WAIVER OF NOTICE OF INTENTION TO REOUEST
ENTRY OF A DIVORCE DECREE UNDER
~3301(cl OF THE DIVORCE CODE
1. I consent to the entry of a Final Decree of Di-
vorce without further notice.
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LAW OFFICES
jamfJ.l, SmU!. & ::D1II.ti"
P.O. \lOX 65ll
HERSHEY, PENNSYLVANIA 171133-l16.~ll
Str~, ^ddr~'5:
1:U SII'1l ^VIlNUIl
IIUMMIiI.!>iOIYN,I'IlNNSYI.V^NI^ 171116
~RY I. J^MIi.~
M^X J. SMtn ~ JR.
~RI:N DURKIN
STU^RT J, M^GIJU\.Il
I'AANK I'. C.1-^RK
EI.MNOR S. ~TI ,^NY
SUMN IL l.IillliRER
smvr~ ^. SllNn
JOliN J. McN^,.I.Y, III
(717) :lJ3.3Z11O
(717) :!.llI.'I7110
I'^X (717) m.2m
August 30, 1996
Office of Divorce Master
Attn: E. Robert Elicker, II, Esquire
9 North Hanover Street
Carlisle, PA 17013
In re: Taggart v. Taggart
No. 96.1846
In Divorce
Dear Bob:
I have been advised by my client that she and her husband have reached an
agreement of all marital Issues. A Marital Settlement Agreement has been prepared which Is
awaiting execution by Mr. and Mrs. Taggart. Accordingly, we respectfulty request that the
directive to file Pre.Trlal Statements be withdrawn.
As soon as the Agreement has been executed, we shall notify you accordingly. Thank
you for your kind attention and cooperation,
Very truly yours,
JnS" SMITH & DURKIN
{J(ll.;
Max J. Smith, Jr.
MJS:amk
cc: Brenda A. Taggart
I~ THE COURT OF COMMO~ PLE.~ OF
CUllBERUND COUNTY. PEmlSYl.VANIA
BRRNDA A. TAGGART.
Plaintiff
vs.
JOSEPH D. TAGGART.
NO.
) 845
1996
llonON FOR APPO I~TIlE.'lT OF ~lAST::R
(Plaintiff) ~t1~Ilt'tllO,
fo1lovine claims:
moves the court to appoint
Brenda A. Taggart
a master with respect to the
( X) Divorce
( ) .'-nnulment
( X) Alimony
(X) Alimony Pendente
LiCe
( X)
( )
( X)
( X)
Distribution or ~roperty
Suppore
Counsel Fees
Costs and ExFenses
and in support or the motion states:
(1) Discovery is complete as to the claims(s) for which the
appointment of a master is requested.
(2) The defendant x~~ (has not) appeared in
(1St! lI1lWIIX lUI~t! .
(3) The staturory ground(s) for divorce ~x
irretrievable breakdown and indianities
(4) Delete the inapplicable paragraph(s):
(a) The action is not conteseed.
(b) An agreement has been reached with respece to the
the aceion (personally)
,Esquire).
(are)
follawing claims:
(c) The aceion is contested with respect :0 the following
above marked
The action (~~~ (does not involve) comple~ issues or Law
claims :
all of the
(5)
or fact.
(6) The hearing is expeceed co take one-hi! J f ~>>ll~) (da:,s).
(7) Additional infor.naeion, if any) relevant to the motion:
/
Date: JuJ y 23. 1996
,
L
Ac omey
Max .,. Smi th. .Jr.
ORDER APPOI~TI~G ;'lASTE~
,1996, (-,- /......(
h respect eo-the following claims:
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AND NOW
is appointed maete
By t7e/coure:
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any debts or liability for which Husband or his estate might
be responsible and shall indemnify and save harmless Husband
from any and all claims or demands made against him by
reason of debts or obligations incurred by her. Any and all
loans and/or debts, and charge accounts, presently in wife's
name alone shall be Wife's sole and separate responsibility
for payment. Wife agrees to indemnify and save harmless
.
Husband from any loss he may sustain, including attorney
fees, as a result of any default in payment by Wife.
4. HUSBAND'S DEBTS. Husband represents and warrants
to Wife that as of the date of the separation he has not
incurred, and in the future he will not contract or incur,
any debt or liability for which Wife or her estate might be
responsible and shall indemnify and save harmless Wife from
any. and all claims or demands made against her by reason of
debts or obligations incurred by him. Any and all loans
and/or debts, and charge accounts, presently in Husband's
name alone shall be Husband's sole and separate responsibil-
ity for payment.
Husband agrees to indemnify and save
harmless Wife from any loss she may sustain, including
attorney fees, as a result of any default in payment by
Husband.
-3-
5. EOUITABLE DISTRIBUTION. Husband and Wife acknowl-
edge and agree that the provisions of this Agreement with
respect to the distribution and division of marital and
separate property are fair, equitable and satisfactory to
them based on the length of their marriage and other rele-
vant factors which have been taken into consideration by the
parties. Both parties hereby accept the provisions of this
.
Agreement with respect to division of property in lieu of
and in full and final settlement and satisfaction of all
claims and demands that they may now have or hereafter have
against the other for the equitable distribution of their
property by any court of competent jurisdiction pursuant to
Section 3502 of The Divorce Code or any other laws. Husband
and Wife voluntarily and intelligently waive and relinquish
any right to seek a court ordered determination and distri-
bution of marital property, but nothing herein contained
shall constitute a waiver by either party of any rights to
seek the relief of any court for the purpose of enforcing
the provisions of this Agreement.
6. DIVISION OF PERSONAL PROPERTY AND VEHICI,ES. The
parties have divided between them, to their mutual satisfac-
tion, the personal effects, bank accounts, household furni-
ture and furnishings and all other articles of personal
property which have heretofore been used by them in common.
-4-
The parties expressly agree that Wife shall be entitled
to exclusive ownership of the 1985 Jeep Cherokee which is
currently in her possession, and that Husband shall relin-
quish any and all interest he may have in same. Wife agrees
to be solely responsible for payment of any and all encum-
brances and expanses affecting such vehicle. Husband shall
be entitled to exclusive ownership of the 1967 Chevrolet,
.
1977 Ford truck and 1965 Jeep which are currently in his
possession, and Wife shall relinquish any and all interest
she may have in same. Husband agrees to be solely respon-
sible for payment of any and all encumbrances and expenses
regarding such vehicles.
The parties further agree to execute any vehicle ti-
tles, Power of Attorney or other documents necessary to give
this paragraph full force and effect, upon request.
7. CAPRICORNER LTD. BUSINESS. Wife hereby forever
relinquishes any and all claims or interest she may have in
Husband's business enterprise known as Capricorner Ltd.
This specifically includes any and all real estate, equip-
ment and inventory, accounts or miscellaneous property of
whatsoever nature in connection with said business. Husband
hereby assumes sole responsibility for any and all leases,
loans and all other obligations in connection with the
aforesaid business, and shall indemnify, and save harmless
-5-
Wife from any loss she may sustain, including attorney fees,
as a result of any default in payment by Husband.
8. CUSTODY. Wife shall have primary physical and
legal custody of the minor child, Dusten L. Taggart. Hus-
band shall have partial custody at such times as the parties
hereafter mutually agree and arrange. The parties shall
share time with the children on major holidays, the exact
times to be arranged between them.
9. CHILD SUPPORT. Husband shall pay child support
pursuant to the Order which has been entered in the Domestic
Relations Order of Cumberland county, Pennsylvania, pursuant
to No. DR 25,268, or as such order may hereafter be modi-
fied.
10. ALIMONY. Husband shall pay to Wife the sum of
$50.00 per week as alimony, for a period of four (4) years
from the date of the parties' final decree in divorce. Said
payments shall be payable through the Domestic Relations
Office of Cumberland county, pursuant to No. 25,268. The
parties acknowledge that the $50.00 per week alimony sum is
the Sbme amount which is presently being paid as spousal
support.
-6-
Alimony shall not be subject to modification by either
party. For income tax purposes, alimony specifically shall
be a deductible expense for Husband and includable as income
for Wife.
Alimony shall terminate only in the event of Wife's
remarriage or death.
11. COUNSEL FEES. Husband agrees to be "solely respon-
sible for payment of his attorney fees in connection with
this Agreement and the pending divorce action between the
parties, and shall contribute the sum of $1,000.00 toward
Wife's attorney fees regarding same, payable directly to
Wife's counsel in monthly installments of not less than
$200.00 each, commencing on or before September 15, 1996 and
continuing on or before the 15th day of each month until
paid in full.
12. COLLEGE EDUCATION EXPENSES. Husband agrees to be
solely responsible for payment of the post-high school
education expenses of their minor child which are not cov-
ered by loans, grants, scholarships or other forms of finan-
cial aid, pursuant to Pennsylvania law at such time as the
child actually pursues post-high school education. Said
expenses shall include tuition, room, board, miscellaneous
-7-
expenses in connection with such educational pursuits of the
child.
13. LIFE INSURANCE. Husband agrees to maintain what-
ever life insurance policies exist as of the date of this
agreement on his life naming the minor child as irrevocable
beneficiary until he attains age 22. Proof of beneficiary
designation and payment of premiums shall be furnished
annually upon request by either party.
14. FINANCIAL DISCLOSURE. The parties have disclosed
to each other and they are aware of the extent of each
other's income, assets, liabilities, holdings and estates.
Husband and Wife confirm that by executing this Agreement
each forever waives any future right to set aside said
Agreement, or to defend against its enforcement or any
portion thereof based upon the absence of such a disclosure
by the other party, or based upon any claim that it is
inequitable, unconscionable or does not make a reDsonable
provision for one or the other ~f them.
15. BREACH. If either party breaches any provisions
of this Agreement, the other party shall have the right, at
his or her election, to sue for damages for such breach,
-8-
,
including legal fees and expenses, or seek such remedies or
relief as may be available to him or her respectively.
16. ADDITIONAL INSTRUMENTS. Each of the parties shall
from time to time, at the request of the other, execute,
acknowledge, and deliver to the other party any and all
further instruments that may be reasonably required to give
full force and effect to the provisions of this Agreement.
17. VOLUNTARY EXECUTION. The provisions of this
Agreement and their legal effect have been fully explained
to Wife by Max J. Smith, Jr., Esquire, attorney for Wife,
and each party acknowledges that the Agreement is fair and
equitable, that full disclosure has been made by each re-
spective party to the other, that it is being entered into
voluntarily, and that it is not the result of any duress or
undue influence. Wife and Husband acknowledge that they
have been furnished with all information relating to the
financial affairs of the other, which has been requested by
them respectively. Husband has been advised of his right to
retain independent legal counsel to advise him concerning
this Agreement and the pending divorce action between the
parties, and acknowledges that he has waived such right.
-9-
13. NO-FAULT DIVORCE. Both parties agree to execute
an Affidavit of Consent and Waiver of Counseling to facili-
tate entry of a divorce decree pursuant to section 3301(c)
of the Divorce Code contemporaneously with execution of this
Agreement.
19. WAIVER OF CLAIMS AGAINST ESTATE. Except as herein
otherwise provided, each party may dispose of his or her
property in any way, and each party hereby waives and relin-
quishes any and all rights he or she may now or hereafter
acquire, under the present or future laws of any jurisdic-
tion, to share in ,the property or the estate of the other as
a result of the marital relationship, inclUding, without
limitation, dower, curtesy, statutory allowance, widow's
allowance, right to take property against the Will of the
other, and the right to act as administrator or executor of
the other's estate, and each will, at the request of the
other, execute, acknowledge and deliver any and all instru-
ments which may be necessary or advisable to carry into
effect this mutual waiver and relinquishment of all such
interest, rights and claims.
20. INCORPORATION OF AGREEMENT FOR ENFORCEMEN~. This
Agreement shall bind the parties hereto and their respective
heirs, executors, administrators, legal representatives and
-10-
assigns. This Agreement shall survive a decree of divorce
between the parties in any jurisdiction and any other order
which may be entered in accordance with this Agreement. In
the event that a Decree of Divorce is entered in the Court
of Common Pleas of cumberland County, Pennsylvania or in the
event that a Decree in Divorce is entered in any other
jurisdiction, the parties agree to incorporate this Agree-
ment in the Divorce Decree for purposes of enforcement. It
is the specific intent of the parties to be bound by the
provisions hereof in lieu of any other claim or order of
support, maintenance, alimony, equitable distribution,
counsel fees, costs, maintenance of insurance, equitable
relief or property settlement or with regard to any other
claim for relief which might be brought by either party
against the other, or with regard to any other provision
hereof. In the event that any final order of court is
entered in any jurisdiction with respect to the parties
hereto which is contrary to the provisions hereof, then the
rights and responsibilities of each of the partiea hereto
shall be relieved or adjusted to the extent necessa~' to
conform to this Agreement.
21. ENTIRE AGREEMENT. This Agreement contains the
entire understanding of the parties, and there are no repre-
-11-
- .._..~'"-
sentations, warranties, oovenant. or undertakings other than
those expressly set forth herein.
22. MODIFICATION AND WAIVER. A modification or waiver
ot any ot the provisions of this Aqro8ment shall be effec-
tive only it 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 a waiver or any
subsequent default of the same or similar nature.
23. DESCRIPTIVE HEADINGS. The descriptive headings
used herein are for convenience only. They shall have no
effect whatsoever in determining the rights or obligations
of the parties.
24. IRREVOCABILITY. It is understood and agreed to by
and between the respective parties hereto that the property
division-distribution effected by the herein Agreement is
IRREVOCABLE and that such division-distribution shall not be
aftected by any future change in circumstances of the re-
spective parties OR by other statutory or judicial l'.lterna-
tives which may be available to the respective parties under
prior, current or future laws of the Commonwealth of Penn-
sylvania or any other jurisdiction. The parties hereby
-12-
BRENDA A. TAGG/\Rl',
Plaintiff
rN TilE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIl, ACTION - LAW
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IN DIVORCE
NO. l845
CIVIL
1996
vs.
JOSEPH D. TlIGG/\RI',
Defendant
STATUS SIlEET
DA"EI
,
OFFICE OF DIVORCE MASTER
CUMBERLAND COUNTY
COURT OF COMMON PLEAS
9 North Hanover Slree'
Carlisle, PA 17013
(717) 240-6535
E. Robert Elicker, II
Dlvorca Mastar
Tracl .10 Colwer
Offlca Manager/Reportar
We.t Shore
697-0371 Ex'. 6535
August 5, 1996
Max J. smith, Jr., Esquire
JAMES, SMITH & DURKIN
P.O. Box 650
Hershey, PA 17033-0650
Joseph D. Taggart
12 Old Stonehouse Road South
carlisle, PA 17013
RE: Brenda A. Taggart vs. Joseph D. Taggart
No. 96 - 1845 civil Term
In Divorce
Dear Mr. smith and Mr. Taggart:
By order of Court of President Judge Harold E. Sheely
dated July 31, 1996, the full-time Master has been appointed in
the above referenced divorce proceedings.
A divorce complaint was filed on April 8, 1996, raising
grounds for divorce of irretrievable breakdown of the marriage
and indignities. The complaint also raised the economic claims
of equitable distribution, alimony, alimony pendente lite, and
counsel fees and expenses.
I am unable to determine from the pleadings whether or
not the parties will sign affidavits of consent to conclude the
divorce under Section 3301(c) of the Domestic Relations Code.
If the parties are not agreeable to a consent divorce, then
please advise and I will schedule a hearing on the alternative
grounds of indignities.
Assuming that the parties are agreeable to a divorce
under the no fault provisions of the divorce code, I direct Mr.
smith, who represents wife, and Mr. Taggart, who apparently is
unrepresented, to each file a pre-trial statement in accordance
with P.R.C.P. 1920.33(b) on or before Friday, August 30, 1996.
Upon receipt of the pre-trial statements I will immediately