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MARRI~OI BITTLIMBNT AORIIMBNT
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THII AOIUlIMlIlfT, made this. day of ,tvrv>'.~
1997, by and between MICHAIlL C. SHBVLIlf, hereinafter referred to as
HUSBAND and BUBAK P. SHEVLIN, hereinafter referred to as WIFE.
. I T N Il B B Il T HI
WKIlRIAB, the parties were lawfully married on March 16, 1985
in East Islip, New York; and
WKI!lRBAS, two children have been born liS a result of this
marriage, namely DAVID S. SHEVLIN, 0/0/6 March 30, 1908 and COLIN
J. SHEVLIN, o/O/B December 5, 1989; and
WKI!lRBAB, certain differences have arisen between the parties
as a result of which they have decided to separate and to live
separate and apart from one another, and it is the intention of the
HUSBAND and WIFE to live separate and apart for the rest of their
natural lives, and the parties hereto are desirous of settling
fully and finally their respective financial and property rights
and obligations as between each other, including without
limitation, (1) the settlement of all matters between them relating
to the ownership of real and personal property; (2) the settlement
of all matters between them relating to past, present and future
support and/or alimony; and (3) the settlement of all matters
concerning custody and support of the minor children; and
WKI!lRBAB, during the parties' marriage there has been a
complete disclosure of the earnings and property of each party, and
each understands his/her rights under the Divorce Code of the
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commonwealth of Pennsylvania I and
nBIUlA8, HUSBAND, having been properly advised by his oounsel,
R. Mark Thomas, Esquire, and WIFE, having been properly advised by
her oounsel, Barbara sumple-Sullivan, Esquire, the parties, having
been so advised by their respective counsel, and following full and
complete disclosure with regard to marital assets and the
respective value of those assets, the parties hereto have come to
this agreement, which follows:
NOW, THIlllrORI, in consideration of the above recitals and the
following covenants and promises mutually made and mutually to be
kept, the parties, intending to be legally bound, agree as follows:
1. AGREEMENT NOT TO BE A BAR TO DIVORCE PROCEEDINGS
A Complaint in Divorce was filed on July 10, 1996 to Term and
No. 96-3924 in the Court of Common Pleas of Cumberland County,
Pennsylvania. The parties intend to secure a mutual consent, no-
fault divorce pursuant to the terms of Section 3301(c) of the
Divorce Code of 1980. The Divorce Complaint filed by the WIFE on
July 10, 1996 was served on HUSBAND through the acceptance of
service by HUSBAND's attorney, R. Mark Thomas, Esquire, on July 15,
1996. Although 90 days have not passed since the filing of the
Complaint in Divorce, both parties hereby agree to execute an
Affidavit of Consent and a Waiver of their right to receive Notice
of Intention to Seek Entry of a Divorce Decree upon the expiration
of 90 days from the date of filing of the Complaint. The parties
agree that unless otherwise specifically provided herein, this
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Agreement shall continue in full force and effeot after such time
the final Deoree in Divorce is entered with respect to the parties,
and the parties agree that this Agreement shall be incorporated
into the final Decree in Divorce. No Court may change the terms of
this Agreement, which shall be enforced in accordance with its
terms.
2 . PERSONAL RIc,;II:IS.
HUSBAND and WIFE may and shall, at all times hereafter, live
separate and apart. Each shall be free from all control,
restraint, interference or authority, direct or indirect, by the
other in all respects as fully as if he or she were unmarried.
Each may reside at such place or places as he or she may select.
Each may, for his or her separate use or benefit, conduct, carryon
and engage in any business, occupation, profession or employment
which to him or her may seem 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.
3 . DEBTS
There are outstanding obligations with respect to the
automobiles, but those obligations will be addressed in the clause
in this Agreement which covers personal property.
Each of the parties is responsible for any debts that they
have personally acquired since the date of separation. In the
event that either party is compelled to make payments on any debts
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personally aoquired by the other party since the date of
separation, the party who actually acquired tho debt will hold
harmless and indemnify the other for any monies paid on account of
such debt. A previous loan which was used for the purchase of a
computer has now been changed to reflect that HUSBAND is the sole
obligor on this debt. lIUSBAND assumes sole responlllibility for this
debt.
4. PERSONAL PROPERTY
HUSBAND and WIFE hereby acknowledge that they have agreed upon
the division of all tangible personal property, including jewelry,
clothing, furniture, household equipment, appliances, motor
vehicles, recreational vehicles and tools. The parties have
already divided the personal property according to their agreement
and each party is hereby the sole owner of any personal property
now in their possession. This Agreement shall act as a Bill of
Sale evidencing the complete and final transfer of all personal
property to the respective parties.
HUSBAND and WIFE are the owners of two automobiles which were
purchased during the time that the parties were married and living
together. The 1995 Corsica is currently titled in WIFE's name. It
is agreed that she will keep this car and WIFE assumes any debt
obligations connected with the purchase of this car, as well as the
payment of car insurance in her name alone. The 1994 Grand Am is
currently titled in HUSBAND'S name. It is agreed that he will keep
this car and HUSBAND assumes any debt obligations connected with
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the purchase of this oar, as well as the payment of car insurance
in his name alone.
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5. AFTER-ACOUIRED PERSONAL PROPERTY
Each of the parties shall hereafter own and enjoy,
independently of any claims or rights of the other, all items of
personal property, tangible or intangible, hereafter 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, as
though he or she were unmarried.
6. MARITAL RESIDENCE
HUSBAND and WIFE were the owners by tenants by the entireties
of the marital residence located at 200 N. Market Street,
Mechanicsburg, Cumberland County, Pennsylvania.
The marital
residence has been sold and the proceeds evenly divided between the
parties. There are no outstanding issues concerning the marital
residence.
7. PENSION AND EMPLOYMENT BENEFITS
Each of the parties is the owner of a pension through their
respective employers and it is hereby agreed that each of the
parties will be the sole owner of any pension or employment
benefits which they had acquired as of the date of the execution of
this Agreement. Each party hereby waives any right, claim, title
or interest that it may have in the other's pension or similar
employment benefit.
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8. BANK ACCOUNTS AND SAVINGS BONDS
HUSBAND and WIFE have already divided any joint banking
acoounts which were in existence as of the date of separation.
There ill a travel account with approximately $600.00 which was
established for the purpose of taking the two minor children on a
trip. Also each child has his own account. It is hereby agreed
that HUSBAND will maintaln these accounts and the travel account
will be used for the purpose of taking the minor children on a
vacation.
The parties also are the owners of several U.S. Savings Bonds
which are either in the name of one of the minor children or in
HUSBAND's name alone. HUSBAND will keep these U.S. Savings Bonds
and agrees to preserve them and use them for the children's
benefit. However, it is understood between HUSBAND and WIFE that
this is not to be construed on the part of HUSBAND as a promise to
pay for college education for the children.
9. ALIMONY
Both parties acknowledge and agree that the provisions of this
Agreement providing for equitable distribution of marital property
are fair, adequate and satisfactory to them and are accepted by
them in lieu of and in full and final settlement and satisfaction
of any claims or demands that either may now or hereafter have
against the other for support, maintenance or alimony. HUSBAND and
WIFE further, voluntarily and intelligently, waive and relinquish
any right to seek from the other any payment for support or
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alimony. Eaoh party shall indemnify, defend and hold the other
harmless against any future action of either support or alimony
brought by or on behalf of the other, such indemnity to inolude the
actual counsel teelJ of the defendant in any such future action.
10. LIFE INSURANCE
HUSBAND and WIFE each own and maintain life insurance policies
on their own lives and the lives of the children. HUSBAND and WIFE
agree to maintain the insurance policie$ which are currently in
their possession.
11. CUSTODY
HUSBAND and IUFE hereby agree to the following custody
arrangement with respect to the minor children:
(a) HUSBAND and WIFE shall share legal custody and it shall
be joint.
(b) HUSBAND will have primary physical custody of the
children and hereby agrees that WIFE shall have liberal partial
custody rights with regard to the children.
HUSBAND and WIFE both hereby acknowledge and agree that it is
in the best interest of the minor children to spend as much time as
is reasonable and possible with the non-custodial parent. To that
end, HUSBAND hereby agrees that although he has primary physical
custody of the two minor children he will make every effort to be
reasonable when WIFE requests periods of partial custody. It is
anticipated by the parties that WIFE's requests may exceed what
could be termed as "standard partial custody rights". In the event
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that this flexible arrangement with re9ard to partilll oustody
rights of WIFE does not succeed to the satisfaotion of both
parties, it ia hereby agreed that the parties will further define
WIFE's partial custody rights which will incorporate the liberal
intent of the parties.
12. CHILD SUPPORT
It is understood that WIFE has recently acquired a new
employment position which has increased her earning oapacity.
However, with full knowledge of WIFE's new employment position
HUSBAND hereby agrees to enter into a child support agreement which
would be based upon WIFE's income as of the date of separation as
opposed to her income under her new job. In addition, it is agreed
that WIFE will pay one-half of any child care fees in addition to
regular child support payments.
Pursuant to this understanding it is hereby agreed that WIFE
shall pay child support in the amount of $331.00 per month.
13. RELEASE
Subject to the provisions of this Agreement, each party has
released and discharged, and by this Agreement does for himself or
herself, and his or her heirs, legal representatives, executors,
administrators and assigns, release, indemnify (including actual
legal fees) and discharge the other of and from all causes of
action, claims, rights, or demands, whatsoever in law or equity,
including equitable distribution, spousal support, alimony, counsel
fees, alimony pendente lite and expenses which of the parties
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against the other eVolr had, now has, or may have in the future
under the Pennsylvania Divorce Code, as amended, or under any other
statutory or common law, except as set forth below in this
paragraph, all causes of action for divorce, and all causes of
aotion for breach of any provisions of this Agreement, including
prooeedings to enforce this Agreement pursuant to the provisions of
the Divoroe Code. Each party also waives his or her right to
request marital counseling, pursuant to the Divorce Code.
14. WAIVERS OF CLAIMS AGAINST ESTATES
Exoept as herein otherwise provided, each party may dispose of
his or her own property in any way, and each party hereby waives
and relinquishes any and all rights he or she may now have or
hereafter acquire under the present or future laws of any
jurisdiction, to share in the property or estate of the other as a
result of the marital relationship, including without limitation,
dower, curtesy, statutory allowance, widow's allowance, right to
take against the Will of the other, and right to act as
administrator or executol' of the other's estate, and any right
existing now or in the future under the Pennsylvania Divorce Code,
as amended from time to time, and each will, at the request of the
other, execute, acknowledge and deliver any and all instruments
which may be neoessary or advisable to carry into effect this
mutual waiver and relinquishment of all such interests, rights and
claims.
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1~. ~IGHTS ON EXECUTION
Immediately upon the execution of this Agreement, the rights
of each party against the other, despite their continuing marital
status, shall terminate and be as if they were never married.
16. LEGAL FEES
If either party to this Agreement resorts to a lawsuit or
other legal action to enforce the provisions of this Agreement, the
successful party shall be entitled to recover his or her reasonable
counsel fees, actually incurred, from the other as a part of the
jUdgment entered in such legal action, whether in law, in equity or
pursuant to the provisions of the Divorce Code, as the same shall
be determined by the Court.
17. INCORPORATION IN FINAL DIVORCE
The terms of this Agreement shall be incorporated but shall
not merge in a final divorce decree between the parties. This
Agreement shall survive in its entirety, resolving the spousal
support, alimony, equitable distribution and other interests and
rights of the parties under and pursuant to the Divorce Code of the
Commonweal th of Pennsylvania, and no court asked to enforce or
interpret this Agreement shall in any way change the terms of this
Agreement. This Agreement may be enforced independently of any
child support order , divorce decree or judgment and its terms shall
take precedence over same, remaining the primary obligation of each
party. Except as herein otherwise agreed, this Agreement shall
remain in full force and effect regardless of any change in the
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marital status of the parties. It is warranted, oovenanted and
represented by HUSBAND and WIFE, each to the othar, that this
Agreement is lawful and enforceable, and this warranty, oovenant
and representation is made for the specifio purpose of induoing the
partie~ to execute the Agreement.
18. 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.
19. ENTIRE AGREEMENT
This Agreement contains the entire understanding of the
parties and there are no other representations, warranties,
covenants or undertakings other than those expressly set forth
herein. HUSBAND and WIFE acknowledge 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 relevant
factors which have been taken into consideration by the parties.
Both parties hereby accept the provisions of this Agreement with
respect to the 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 agaJ.nst the other for equitable
distribution of their property by any court of competent
juriSdiction. HUSBAND and WIFE each voluntarily and intelligently
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waive and relinquish any right to seek a oourt ordered
determination and distribution of marital property, but nothing
herein oontained shall constitute a waiver by either party of any
rights to seek the relief of any court for the purpose of enforoing
the provisions of this Agreement.
20. MODIFICATION AND WAIVER
A modification or waiver of any of the provisions 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 the provisions of this
Agreement shall not be construed as a waiver of any SUbsequent
default of the same or similar nature.
21. VOLUNTARY EXECUTION
Each pftrty acknowledges that the Agreement is fair and
equitable, that it is being enter.ed into voluntarily, with full
knowledge of the assets of both parties, and that it is not the
result of any duress or undue influence. The parties acknowledge
that they have been furnished with all information relating to the
financial affairs of the other which has been requested by each of
them.
22. DESCRIPTIVE HEADINGS
The descriptive headings used herein are for convenience only.
They shall have no effect whatsoever in determining the rights or
obliqations of the parties.
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SUSAN P. SHEVLIN, I IN THB COURT OF COMMON PLEAS OF
Plaintiff I CUMBBRLAND COUNTY, PENNSYLVANIA
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v. : NO. 96-3924 CIVIL TERM
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MICHABL c. SHBVLINf I
Defendan I IN DIVORCE
ArrIDAVIT or CONBINT
1. A complaint in divorce under section 3301 (c) of the
Divorce Code was filed on July 10, 1996.
2. The marriage of plaintiff and defendant is irretrievably
broken and ninety days have elapsed from the date of filing the
Complaint.
3. I consent to the entry of a final decree of divorce after
service of notice of intention to request entry of the decree.
I verify that the statements made in this affidavit are true
and correct. I understand that false statements herein are made
subject to the penalties of 18 Pa.C.S. S 4904 relating to unsworn
falsification to authorities.
Date: 0z 7/17
-Z6~e~
MICHAEL C. SH LIN
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SUSAN P. SHEVLIN, I IN THE COURT OF COMMON PLEAS OF
Plaintiff I CUMBERLAND COUNTY, PENNSYLVANIA
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v. : NO. 96-3924 CIVIL TERM
:
MICHAEL C. SHEVLIN, :
Defendant : IN DIVORCE
.~Ina or 1I0TICI or INTINTIOlf TO IUlQUIBT IIlfTRY
or ~ DIVOROI DICRlI UlfDIIR . 3301(0) or THE DIVOROE CODI
1. I consent to the entry of a final decree of divor.ce
without notice.
2. I understand that I may lose rights concerning alimony,
division of property, lawyer's fees or expenses if I do not claim
them before a divorce is granted.
3. I understand that I will not be divorced until a divorce
decree is entered by the Court and that a copy of the decree will
be sent to me immediately after it is filed with the prothonotary.
I verify that the statements made in .this affidavit are true
and correct. I understand that false statements herein ~re made
subject to the penalties of 18 Pa.C.S. ! 4904 relating to unsworn
falsification to authorities.
Date: 0t~7
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MICHAEL C. SH LIN
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