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Home My WebLink About96-04961 ., ~ I I ! i i - "- .2 cJ , WHEREAS, both HUSBAND and WIFE fully understand all the terms, conditions and provisions of this agreement and believe it to be fair, just, adequate and reasonable as to each of them and both HUSBAND and WIFE freely and voluntarily accept such terms, conditions and provisions, NOW, THEREFORE, in consideration of the covenants and promises hereinafter to be kept and performed by each party and intending to be legally bound hereby, the parties agree as follows: 1. ADVICE OF COUNSEL Both parties acknowledge that they have been afforded the opportunity to consult with an attorney of their choice prior to signing this Agreement. WU'E is represented by Debra A Denison, Esquire. HUSBMll is represented by James Bach, Esquire. The parties further declare that each is executine the Acreement Creely and voluntarily havine either obtained sufficient knowledge and disclosure of their respective lepl rights and obligations or, if counsel has not been consulted, expreuly wahine the rieht to obtain such knowledge, The parties each acknowledge that thiJ Agreement is fair and equitable and is not the result of any fraud. coercion, duress, undue inJIuence or collusion. Pare 2 of 10 2, SUBSEQUENT DIVORCE An action seeking the dissolution of the marriage is pending in the Cumbel'land County Court of Common Pleas and bears docket number 96.4961 CIVIL. The parties hereby acknowledge that the maniage is irretrievably broken and agree to execute Affidavits of Consent for divorce and Waivers of Notice of Intention to Request Entry of a Divorce Decree concurrently with the execution of this Agreement or upon the expiration of the ninety. day waiting peliod, whiche\'er may come first. This Agreement is to be incorporated, but not merged with the divorce decree. J. SEPARATION A.r."D l'OXIXTERFEREXCE It will be la\\ful for each part)' at all times hereafter to live separate and apart from the other party at such place or places as he or she may from time to time choose or deem fit. Each party shall be free from interfel'ence, authority and control. direct or indirect. by the other. as fully as if he or she were single and unmarried, Neither shall bother the other or compel or endeavor to compel the other to cohabit or dwell with him or her, ~. en'ECTI\'E DATE This Acreement shall be effecth'e on the date abo\.. first .,.Titten ifboth parties sicn on the same date; othenw. it shall become effective upon the lipinr by the last party to do so. Pace 3 olIO 5. WARRA.,~TY OF DISCLOSURE Each party hereby confirms that he or she fully understands the terms, conditions and provisions hereof and believes same to be fair, just, adequate and reasonable under the existing facts and circumstances. The parties further declare that each is executing the Agreement freely and voluntarily, having either obtained sufficient knowledge and disclosure of their respective legal rights and obligations or, If counsel has not been consulted, expressly waiving the right to obtain such knowledge. The parties each acknowledge that this Agrel'ml'nt is fair and equitable and is not the result of any fraud. cOl'l'Cion, duress, undue influl'nce or collusion. G. QEBTS .-\..\;D OBL1GATlO~S Each of the pal1ies hereto covenants and agrees that he or she has not in the past and will not at any time in the future incur or contract any debt, charge or liability for which their legal representatives or other property or estate may become liable. Each of them further covenants at all times to keep the other free, harmless and indemnified of and from aU debts, chargl's and liabilities hereafter or heretofore contracted by them except as hereinafter pro\'ided. WIFE shall assume all balances on hl'r ~tontgoml'l'Y Ward, Beneficial Finance and Sears accounts. HUSBA."'ZD shall assume the balance on the Household RI't31l Sel'\'ices (lIRS) account. Pace" of 10 i. PERSONAL PROPERTY The parties acknowledge that they have heretofore effected an equitable division of all their personal property and it is understood and agreed that each party shalll'etain as his 01' her sole and separate propel'ty, free and clear of any claim of the other, all those items of personality which each now has in his or her possession and control respectively without the necessity of any documents or further assurance except as otherwise provided herein. :\ot\\'llh"talllling the above. WIFE "hall retain the dining room furniture, household drapes, all' conditioner. pu..h mO\\'I:'I' and 27" color H>levision which remain in the home. Hl'SBA.\;D shall retain the living room furniture and the snowblower. R REAL PROPERTY It is understood and agreed that the parties are the joint owners of certain real estate located at 2;4 Goodyear Road. Gardners. Adams County, Pennsylvania, 17324. The property has been listed for sale and a sales agreement has been executed. St'ttlement should occur on 01' bt-fore ;\pn124, 1997. Hl'SBA.\;D and WIFE agree to equally share the obhlCatlOn for the l'aYIIlt'nt of the mortgage on the marital home. Each party will makP thett payment on the mortgage directly to the mortcace company pursuant to the ~ote and ~Iortrace Agreement. HrSBA..'iD shall remain solely l't'!lponslble for the \\'3ter. M''''er, electric. ps and telephone M'1'\'ice associated with the home for as lon,as ht' mides thert'. HrSBA.\;D !lhaU a1~ rt'main solely responsible for all Inllurante< and ml\l1\tt'nanc1", Pace 5 of 10 All reasonable settlement costs including current and back property taxes shall be shared equally by the parties. The net proceeds of the sale of the marital home shall be divided equally, with an additional Five Hundred and 00/100 ($500.00) payable to WIFE. Net proceeds shall be defined as the gross pl'oceeds minlls all reasonable settlement costs. In the event that either party fails to fulfill the obligations as previously outlined in this paragraph, said amounts will be adjusted at the time of settlement, HUSBA.'ilD hereby specifically agrees to indemnify and hold WIFE harmless with respect to any of these related obligations pertaining to the subject property. The parties have both maintained the right to reside in the marital home until its sale. The parties intend for any capital gain tax consequences to be shared equally. 9. AUTOMQ81LES HUSBAND shall maintain the 1987 Chevrolet Blazer currently titled in his name. HUSBAND shall assume all outstanding debt associated \\ith the vehicle. WIFE shall assume possession of the 1996 Pontiac Grand Am currently titled in her name. WIFE shall assume all outstanding debt associated with said vehicle. Each party agrees to indemnify and hold the other harmless from any debt or obligation association \\ith said vehicle. Pare 6 of 10 10. ATTORNEY FEES and COURT COSTS Each party shall be responsible for any attorney fees and costs that he or she incurs, and both do hereby waive any and all rights to recover such expenses from the other party, 11. PEl'ISION. RETIREMEXT FUNDS AND OTHER EMPLOYEE BENEFITS HUSBAND and WIFE acknowledge that the marital property of the parties includes HUSBA..'\D's pension through the Federal Gove1'llment and WIFE's pension through the Federal Gove11lment. The parties also acknowledge the existence of an IRA account and TSP accounts. WIFE and Hl'SBA.."D acknowledge that thE'Y have been informed of their right to obtain an independent appraisal of each other's pensions and retirement benefits and hereby waive the right to do so. The patties hereby forever wah'er and relinquish any right. interest or claim that they might have in each other's pension or retirement benefits, 12. sroUSAL SUPPOR:r. ALl~IONY A.."D AI,J~tPNY fF;NDEm:E...LJ.n WIFE and HUSBAND do hereby ,,'ajvt'. release. discharce and rive up any rights \\.hich either mB)' ha\'e apinst the oth"r to receh'f spouwsupport, alimony or alimony ~ndentt' Iitt'. From the "'Kullon date of this afrt't!ment, it shall be the sole retif)onSlbilit)' of each part). to l'u~tain himself or h'nf'lf 'A;thout SHUnl any support from the othu. Pace 7 of 10 13, MUTUAL BELEASE WIFE and HUSBAND do hereby I'elease each other from any other daims with respect to the marital and non-marital assets of the parties. Additionally, each party hereby releases any interest that he or she may have in the estate of the other, 14. MUTUALCOOPERATlmi WIFE and Hl'SBA."D shall mutually cooperate with each other in order to carry through the tenns of this Agreement, including but not limited to, the signing of documents. 15. PREACH OF AGREE~IE~T WIFE and Hl'SBA."\D hereby lIgree that if either party breaches any of the terllls of this Agreement and a claim or further legal action is required, the breaching part)' shall reimburse the other allll'gal fees and costs incurred as a result of said breach or claim. 16. A.GRF.F.~IESt BI:-\D1XG OS Hf;I8S This Agreement constitutes tbe final agreement of the parties and is binding upon tbeir heirs, assirns and $UCCt'ssors in interest. 1~ 'Pnln 1'1 &1 !c:.I:'Cl ,.~ If any tfrm, condition. d.u~ or pro\ision of this Agreement ahalllHt df'termintd or d.dartd to b4! \'OId or lI1\-abd in law or othl'rv.m. tht'D only that l.tm, Pare 8 of 10 ~ \I' \f: ; -~ .' -' UI~ ("; -.\ W .... j ,v 0' . " 6' , - . \.\..1 -~. l) ~. (~:. Uo' ~ .. \.~~ '.r ..".' <..; ..J is=. .::l' '- La'";: i-: ~" M .:\.~ ~r,' ~. I~' " x: ,,- ~., I );~ ~( Q.. _.'\~ -~ .>If >- k- -~.~~'3 ;~:~ !oJ; tt:1; c;,: .~:triJ I"", n. ~n no: "" ..-~ t5 r- ::;l cr .:.> 1!~iJ l~e!8 "Ii~~ Ilif: ~...... ...~-- ...................--...~ ......Ilt!-..... .........._ . -..... . - ..... ~ '" u: i-:; !~ N ':..j.... -'.>,: :r.: j:~ 1'" a.. ,~ C .0 ;0 l. G.., J !~ ti:" "- .j I ~'J f!- w ):l;: en . IL \.t) d 0 C'l ~ ~~Iii' ,~e!B .ii~~ !mif~ . ~ ~ -.. In f- ?; l-: .. ~.~-<. ~~.' M __'::1* :c {J~l ~' ""t::1 .. u.. r; _'c ~;o- c' ~ -<tIn ,. :"'jJ c. - hi. u:: u: 0:: u.lcu ~ ~.~J 0.- f::' :~ c.. r- is (,) 0'1 .......' ........... . ...... .... ~~!:i' i~E!S .il~! !~ir; . -- ... ~ t':: ~ tr, ,. r M 3~ ~ -.' r_ .., t - )~.l: .~. r' u.. 1:::J . ... <. . ::1f) -~ \'" .. - "9 "I'. 0:: :l~ f. p... ..~ . ..... "-J, ~ r- C~j 0' (J ~~IiiJ i~;!8 :il;~ S~if~ ...".. .....' -- .....--..... .....~~. \..';,.t- ........". ...,.. ___#to.,.,............. fr. .8 ~. In ."- ~B . .~ ... c.; '.-c .:''h:;.i> ~. x )'1'.. l . ., Q,.. ~~1 ~r .,>= -", . :~'1 - 1." j- ..., n: . I iLl f n. ',iJn. "" '5 ~ r- (11 i..) k!~Ii! i~;!8 .II~~ !~af: -..... . -- .,..,......... -...... ........ ...... ....,... ...-.~~...........iiftt..... ~ ~ .~ If: I:; ", .' }~ ~r ("': r Iff x: ,.... ~ .:... iF Q. ....~j k - ;~ .- J~;o - ,. cr:: g~ ~ ~ .,,'" ".~ \5 ~ '-) 0 ..... """ , . __......'~. .....i.. ......... ___ .~........ ...Jti.,..... -- . . ~~&i' 1~;~8 _jif. c I~;: IcfilC -- tr. co r" ..:J . ..~. (~ :\ ~ t-:", " ~'J \t .,.- \"';jli '," " -,?,j " - f. 'C1 (. a, rt - !4 (;... j;";J b; .5: ,,';' --,; I . ',;:." 'r> ~) v ..,.. .J ,''''.. ':":..f . . . . . . . ....4 ".\1. ...... ....... ..... ...-....-'....... ~~&, I~E!I .Ii~~ l~i~C . . ~ co o- N r;: I-'" .. .l.- ~9 N .:)~ C :;:: '-"::( ~? 0- ,.~;~ ( IN M;- ( <;:t.1 ~L I '''7' 0:' c..: )til >, ...-- to..: .~!U. a::.:; ,.. ":'1 :'5 0 (;.., <.:J ....."*11. .....-'............... ..-...,..1IIlN'.......,. ~!&i' l~e!1 .~I;~ !~if~ . . . !~ en ir; (>oJ .. ~ N ;,):5 ~ CJ . ~. ,.J;( - 0.. ....:..... i-' ;:5;:! C" N (;.. ''1' " I :l-S; i:C.V u ';-'9: r::: ....... ','1 Cl ~ u_ \J') 0 (I' 0 ~~Iii' I~;!I .II;~ lelf: , .....,':.. -'>'i:. '_;:~Tii:=~?~,l JAMES M. BACH ATTORNEY AND COUNSELOR AT LAW 3ISZ SOUTH SPORTING HILL ROAD MECHANICS8URG, PENNA 17055 (717) ,'c.",'. .:~ .-,. PATSY W. KUNDER : IN 1'IIE COURT OF COMMON PLEAS OF PLAIN'rIFF : CUMBERLAND COUNTY, PENNSYLVANIA : vs. : 96 - 4961 CIVIL TERM : JAMES P. JtUNDER . . DEFENDANT . IN DIVORCE . CERTIFICATE OF SERVICE BY MAIL 1, JAMES M. BACH, Attorney-at-Law, do hereby certify that I have mailed to the individuallsl listed below, a copy of the foregoing RULE to file a BILL OF PARTICULARS by placing a copy of sallie in the United States Ma11, first class, postage prepaid, on the ~ day of December , 1996 and addressed as follows: DEBRA A. DENISON, ESQ. REAGER & ADLER, PC 2331 MARKET STREET CAMP HILL, PA 17011 Date I ~ - l" f~' IlY: ~~~ .J M. Mat AU ney 1.0. No. 18127 JSZ South Sportlnq III 11 "~hanic.burq. PI. 1l0SS 71l-7Jl-Z0JJ e.-_J.} Roed PATSY W. JttJNDBR I IN THE COURT OF COMMON PLBAS OF Plaintiff I CUMBBRLAND COUNTY, PENNSYLVANIA VB. I NO. 96-4961 CIVIL ACTION - LAW JAMBS P. JttJNDBR I Defendent I IN DIVORCB CERTIFICATE OF SERVICE BY MAIL I, JAMKl; M. BACH, Anorney.at.Law, do hereby certify that I have mailed to the individual(s) listed below. a copy of the foregoing INTERROGATORIES WHICH HAVE BEEN ANSWERED BY DEFENDANT and DEFENDANTS ANSWERS TO REQUEST FOR PRODUCTION OF DOCUMENTS by placing a copy of same in the United States Mail. first class, postage prepaid. on the 100h day of December, 1996 and addressed as follows: DEBRA A. DENISON, ESQ. REAGER & ADLER. PC 2.lJl MARKET STREET CAMP HILl, PA 17011 DATE ~"1' ~ "" / _ - / 'J - ;; (J BY: &;;.:::Htf. ---' ~ Anomey 1.0. No. 18727 3S2 South Sportinc Hill Road Mechanicsbur&. PA 170SS 717.737.2033 . PATSY W. JttJNDBR I IN THB COURT OF COMMON PLBAS OF Plaintiff I CUMBIRLAND COUNTY, PENNSYLVANIA VB. I NO. 96-4961 CIVIL ACTION - LAW JAMBS P. JttJNDIJl I Defendent IN DIVORCI CFRTIFICATE OF SERVICE BY MAli. I, JAMFS M. BACH, Al\orn~y'.I.Ltw, do hereby certify that I have mailed to the individual(s) lilted below. . copy of the forrgoing AHSWltR TO MOTION "OR .ar.r.QWAHCR 011' DISCOVERY by placing a copy of sam~ in lhe Uniled Stales Mail, first class, postage prepaid, on the 12w day of Dectmber, 1996 and addressed as follows: DEBRA A. DENISON, ESQ. REAGER & ADlER, PC 2.lJl MARKET STREET CAMP HIll, PA 17011 DATE I ~ - I ~ - 9 L .y,~ --~ t1 -.-<..., J ES M. BACH, ESQUIRE ~ nomey 1.0. No. 18727 352 South Sportinc HiD Road Mechaniaburg, PA 170S5 717.737.2033 PATSY W. JttJNDIR I IN THI COURT OF COMMON PLBAS OF PLAINTIFF I CtlMBBRLAND COUNTY, PENNSYLVANIA I va. I NO. 96-496l CIVIL ACTION - LAW I JAMBS P. JtUNDIR I DlnNDANT I IN DIVORCI PIlTITIOH FOR AI. TMONY PlDmlDlTJl: LIft urn COtJNStrL lP2KII AND HOW comes the Petitioner, JANIS P. JttJNDIR, by his attorney JAMBS N. BACH. ISQUIU, and files the within PETITION FOR ALIMONY PENDENTE LITE AND COUNSEL FEES: 1. JAMES p, KUNDER, is an adult individual residing at 274 Goodyear Road, Gardners, Adams County, Pennsylvania 17324. His date of birth is AUguBt 22. 1956. 2. The Respondent iB. PATSY W. KUNDER. an adult individual residing at 412 South Frederick Street. MechanicBburg, CUmberland County, Pennsylvania 17055. Her date of birth iB February 8, 1950. 3. PATSY W. KUNDIR filed a Complaint for Divorce in tbe COurt of Common Plea. of CUmberland County on or about September " 19", to tbe above nUlllb4tr and term, ..... ~a ,,; c ~ {::... . . f , loj- . <,":' ,-- -. .. L- -, .- I ( , ~, . >~ Ltl , : -- .. )....... lP '''' : (I' - fT . l-. ~, C- , f;:. .- c:- " L, ;:i- f' c .- j ,. i I - ":l. ,. ,.~ , 0 ..., 1...) k!!!ii' 1~!~8 .Ii~~ !~if~ ........ ~.". "ft..~., _...,,,1 ......;H.~.....~.. 00- t~ ~... '" <'\ ~J '. ~ f I ! ~ C"' ... , ! ..J % ~ - - , N .'i.... ,......'" ,J.'.... - . 1:{ ..... .1 ~ n.. \;a \-- << (tJI "'1,} ''-:.. I .l~,. 4-\. ~.~ ~'.. 'l- ,I .... U . :a:. ~ ~ ~