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HomeMy WebLinkAbout96-02492 r.el,!ases t11'~ ol,hel' flom any and all cla,imu, Cll' d'~mandtl up La the dat," of execllt ion h'neof. (3) The piU'tl"S an:! the owners at: cenain real estate with improvements thereon erecLed known and numbered as 27 Old Stonehouse Road, Carlisle, Cumberland County, Pennsylvania. Wife agrees wlthin thirty (30) days of the signing of this Agreement to convey the real estate located at 27 Old Stonehouse Road, Carlisle, PA by special warranty deed to Husband. Husband shall assume full responsibility for all household expenses including, but not limited to the mortgage to Fidelity Bank, liens of record, utility bills, insurance and real estate taxes in connection with said property, With regard to all such expenses, Husband hereby agrees to hold Wife harmless and indemnify her from any loss thereon, Husband agrees to permit Wife to remain in the home until she has found a sufficient place for her to reside. In exchange for the equity in the home, Husband agrees to give to Wife the sum of $50,000,00, This exchange of $50,000.00 may be accomplished by Husband refinancing the mortgage on the home within ninety days of the execution of this Agreement. Wife will Cooperate with ehe signing of any documents necessary SAlOIS, r.UIDO, SnUFF & MAS LA NO 26 w. High Strccl Carlisle, PA to effectuate this refinance in the event the divorce is not finalized prior to that time, (4) In the event that either party contracted or incurred any debts since the date of separation on 1996, the party wLo incurred said debt shall be responsible for the payment thereof reg;'lrdless Of the name in which the debt may have been incurred. Husband and Wife acknowledge and agree that they have no other outstanding joint debts and obligations of the Husband and Wife incuned prior to the signing of t.his Agreement. (5) Wife rellnquish~s any right, title and interest she may have to the camping trailer, Husband shall assume full responsibility of the encumbrance on this trailer to Pennsylvania National Bank, and shall hold Wife harmless and indemnify her from any loss thereon, Wife agrees to convey her interest in the 1986 Chevy Suburban to the Husband, and Husband agrees to transfer any of his interests, if any, in the 1996 Pontiac Grand Am in the possession of the Wife and the 1994 Chevrolet Lumina in the possession of their daughter, Kristen, Each party shall execute any documents necessary to have said vehicles properly registered in the other party's name with the Pennsylvania Department of Transportation. Each party shall assume full re~ponsibility of any encumbrance on the motor vehicle received by said party, and shall hold harmless and indemnify the other from any loss thereon. (6) The pal'ties hereto mutually agree that they have SAlOIS, Gumo. SnUFF & MASLANIl effected a satisfactory division of the furniture, household furnishings, appliances, tools and other household personal 2t>W HlIl:h Slret'l C4Ih,le. PA property between them, and they mutually agree that each party shall from and after the date hereof be the sole and separate owner of all such property presently in his or her possession whether said property was heretofore owned jointly or SAII>IS, GUIDO, SHUFF' & MASI-AND 26 W Ihah ,s!rccl Culidc, VA individually by lhe pan,ies hen,tu, This agreement shall have t Ill! effect of an assignment ur bi It uf sale from each party to the othc!' for such property as m.-1Y b" in ~,he individual possession at each of the parties hereto, (7) Each party hereby relinquishes any right. title c.r interest he or she may have in or to any intangible personal property currently titled in the name of or in the possession of the other party, including the tax sheltered annuity as well as any accounts or pension plans at the local 520 in the possession of Husband, and the tax sheltered annuity and the pension plan with the Carlisle Hospital, owned by Wife, The Federal Series E Savlngs Bonds in the possession of Wife shall be transferred to Wife, and Husband will execute any documents, if necessary, as necessary to transfer his interest in said savings bonds to Wife, (8) Except as otherwise provided herein, Husband shall not pay to Wife nor Wlfe to Husband any sum whatsoever as alimony, alimony pendente lite, or for his or her support or maintenance. (9) Wife is currently represented by Johnna J, Deily, Esquire, and Husband has not secured his own counsel. Husband acknowledges that he has had the opportunity to seek counsel to review this Agreement, and each party shall pay his or her own attorney for legal services rendered or to be rendered on his or her behalf. (10) Neither party shall contract or incur any debt or liability for which the other party or his or her property or estate might be responslble and shall indemnify and save the othel' party harmless from any and all clainw or demands made against him 01' h.,) by reason of debts 01' obl igat ionl> incun ed by the other pal'ly. (11) The parties a91'e." to waive any interest the othel' may have in Social Security Once It is received by either Husband or Wife, under and subject to Fedel'al Govel'nment Laws in effect regarding Social Security at the time the money is disbursed. (12) 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 provision of this Agreement. (13) The parties do hereby warrant, represent, acknowledge and agree that each is fully and completely informed of, and is familiar with, the wealth, real and personal property, estate and assets, earnings and income of the other and that each has made a full and complete disclosure to the other of his and her entire assets and liabilities and any further en~meration or statement thereof in this Agreement is specifically waived, (14) Husbilnd and Wife acknowledge that each of them has read and underdtand his and her rights and responsibilities SAIDIS, GUIDO, SHUFF & MASLAND 26 Vi, Hieh Strecl Carlisle. PA under this Agreement and that they have executed this Agreement under no compulsion to do so but as a voluntary act. (15) It is further specifically understood and agreed by and between the parties hereto that each party accepts the provisions herein made in lieu of and in full settlement and satisfactior: of any and all of said party's rights against the othet." fot" p"'Uit, Pt.I.~~)I'nt dlld t,lItUlt~ cld illll.l 011 i:-1CCO\.1nt ot support., rnaintenanCt~, allnJollY, ,"llltllUny p(lnd(~l1ll" J it!::!, cOlH1Be-1 fees, costfJ and expenstJs, (lquiLable di,uLl'ibl1tiun of ltI.::u"ital property and any other claimu 01 each party, Including all claims which have been raised 0r may be raised ill an action for divorce. (16) Except as may bt~ otherwise specifically provided in this Agree~ent, Husband and Wife, for themselves, their heirs, representatives and assigns, each hereby forever releases, remises. discharges and quitclaims the other, and such other's ~eirs, representatives, assigns and estate, from and with respect to the folloWing: A, All liability, claims, causes of action, damages, costs, contributions, expenses or demands whatsoever in law or in equity; B. All rights, title, interest or claims in or to any property of the other, whether real, personal or mixed and whether now owned or hereafter acquired; C, All rights of curtesy and dower and all claims or rights in the nature of curtesy and dower; I j I I I I i , I I 1 I ~ D. All widow or widower's rights; E. All rights, title and interest or claims in or to SAlOIS, GUIDO, SHUFF & MASLANIl 26 W HIKh SHeel CllIh5le, PA the other's estate, whether now owned or hereafter acquired, including but not limited to all rights or claims: (1) to take against the other's will; (2) under the laws of intestacy; (3) to a family exemption or similar allowance; and (4) all oth'.'l l'i<jhttl or authority to pal"ticipat(~ (n- itltl.'~Vt~l1e ill a decC'.:Hled spouse's estate in any way, whether arisin9 under the laws of Pennsylvania or any othel' country, territory, state or political subdiviHion, F, All rights or claims to any accounting; G. All rights, claims, demands, liabilities and obligations arising out of or in connection with the marital relationship or the joint ownership of property, whether real, personal or mixed; H. All rights, claims, demands, liabilities and obligations arising under the provisions of the Pennsylvania Divorce Code, Act 26 of 1980, as the same may be amended from time to time, and under the provisions of any similar statute enacted by any other country, state, territory or political subdivision; I. All rights, claims, demands, liabilities and obligations each party now has, or may hereafter have. against or with respect to the other. (7) This Agreement shall be construed under the law of the SAlOIS, GUIDO, SHUFF & MASLAND 26 w. High Slre!:1 Culls/e, fA Commonwealth of Pennsylvania, If any provision of this Agreement is determined to be invalid or unenforceable, all other provisions 8hall continue in full force and effect, (8) In the event that either of the parties shall recover a final judgment or cecree of absolute divorce against the other in a court of competent jurisdiction, the provisions of this ~~ f.r; (') N ~. .. \ ~ 1,)..1 'I ~~:: :-:": -~ :. J ~( ',' -' .";':': ;7J " R'... l, <f'J (I) fir N .' a~j (" ljce 5:~ I ,~ "' , I ...... t:; '"" ..: lL v:J u) 0 (H t'~J SAIDIS, GUIDO, SHUFF & MASLAND 26 W, llillh SIre" CIU'1i81e, PA DONNA J. BAITSELL, Plaintiff IN THE COURT or COMMON PLEAS or CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 96- ,/lItJJ "d ,I u/.:.r v..J(", llNNETH L. BAITSELL, Defendant IN DIVORCE NOTICE ! You have been sued in court. If you wish to defend against I the claims set forth in the following pages, you must take promp~ 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 entereq against you for any other claim or relief requested in these papers by the Plaintiff, You may lose money or property or othe, rights important to you, including custody or visitation of your I children. When the ground for the divorce is indignities or irretrievable breakdown of the marriage, you may request marriag~ counseling, A list of marriage counselors is available in the i Office of the Prothonotary at the Cumberland County Court House, : High and Hanover Street, Carlisle, I IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF i PROPERTYf LAWYER'S FEES OR EXPENSES BEFORE A DIVORCE OR ANNULMEN IS GRANTED, YOU MAY LOSE THE RIGHT TO CLAIM ANY OF THEM, I YOU SHOULD TAKE THIS PAPER TO ':(OUR LAWYER AT ONCE. IF YOU ' DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE. GO 'fO OR TELEPHONE TH~ OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP, I Court Administrator ' Cumberland County Court House I 1 Courthouse Square Carlisle, PA 17013 (717) 240,6200 / _-;0':' /:f' !... John '~i-:-" 1;,' ~~;. 79~ Att:<:} ney for Plaintiff! ~ '~ ~ rn '.. n.) ~ /") f , ~ " Ij, , ' ~ l':: ' , , \.\ f , ~ IV) , " ( '. ~ ~ , L'_:' "I , I . 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