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Home My WebLink About96-05018 ~ ,;"" .' \. " ~ ~ s "" ) f. I ----, - , i , l I t i i ; 6.,. .... I () 1 'ell' ..J 0", ! ~I I , >' 4 . , 1. t\DVICE 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. WIFE is represented by Debra A Denison, Esquire. HUSBAND is unrepresented. HUSBAND is cognizant of his right to legal representation and declares that it is his express voluntary and knowing intention not to avail himself of his right to counsel and chooses instead to represent himself with respect to the preparation and execution of this Agreement. 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 Agreement is fair and equitable and is not the result of any fraud. coercion, duress, undue influence or collusion. 2. 5J.lDSEQUENT DJVORCE An action leekinr the diuolution of the marriap is pendinr in the Cumberland County Court oCOvnmon Ple.. and beUl docket number 96-5018 CML. The parties hereby -cree to execute Aflidavita of Con.ent for divorce and Waivera of Notice ollnteation to Request Eutry of a Divon:e Decree within fifteen (15) da18 of the expiration olthe niMty (90) day pMod. nus Apeement is to be incorporated, but not metpd with the diwn:t! deaee. .2. 4 t , 3. SEPARAT10ti AND NO~INTERFERENCE It will be lawful for each party 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 interference, 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. 4. EFFECTIVE DATE This Agreement shall be effective on the date above first written ifboth parties sign on the same date; otherwise, it shall become effective upon the signing by the last party to do so. 5. \V ARRANTY 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 existinc facta and circumstances. The parties further declare that each is executinc the Acreement freely and \'OIuntarily, havinc either obtained sufticillmt knowl. and disclosure of their respecti\'t! lepl richta and obliptions or, if countel has not been consulted, expreuly waivinc the ript to obtain such knowledp. Tht! parties each acbowledp that this ;\pMment u fair and equiuble and i. not th" result of any fraud. ClX"rOon. dul"Ml. undue int1ut'D~ or collusion. .3. '. . . , 6. DEBTS AND OBLIGATIONS HUSBAND represents and warrants to WIFE that since the separation he has not, and in the future he will not, contract or incur any debt or liability for which WIFE or her estate might be responsible, and he shall indemnify and save WIFE harmless from any and all claims or demands made against her by reason of such debts or obligations incurred by him since the date of said separation, except as otherwise set forth herein. WIFE represents and warrants to HUSBAND that, since the separation she has not, and in the future she will not, contract or incur any debt or liability for which HUSBAND or his estate might be responsible, and she shall indemnify and save HUSBAND harmless from any and all claims or demands made against him by reason or such debts or obligations incurred by her aince the date of said separation, except as otherwise set forth herein. 7. PERSO~ALPROPERTY WIFE and HUSBAND have previously arreed to the distribution of all items or personal property. WIFE arrees that all such property in the P98f-a,non of HUSBAND shall be the de and separate property of HUSBAND. HUSBAND arrees that all such propertJ in POSlnaion of WIFE shall be the aole and separate property oC "1n. E-.h 01 the parti8 doee hereby ~Il)' waive. n:1~... aDd ntlOUDC:e oJ further dailU with mpt'd to said iWms. .~. " . , WIFE is to retain the 1992 Acura Vigor and the 1988 Jaguar XJ6 which are currently titled in her name. HUSBAND is to retain the 1996 Lexus which is currently titled in his name. WIFE waives any interest in HUSBAND's vehicle and HUSBAND waives any interest in WIFE's vehicles. 8. REAL PROPERTY It is understood and agreed that the parties purchased a home located at 2209 Boxwood Lane. Mechanicsburg, P A 17055 during the course of their marriage. This home has been refinanced and is currently held solely in the name of WIFE and has an approximate equity value of $55,000. WIFE also remains solely liable on any mortgap against the home. HUSBAND hereby waives any right or interest he may have in said property 9. et;NSION. RETIREMR!'I/T Fmyps AND OTHER EMPLOYEE Bt;~EFITS. WIFE currently bas . pension from True Temper Hardware. WIFE has an BEP account with Kemper in the amount of approximately $9,000. HUSBAND has an IRA with an approximate value of $29.000. HUSBAND also has a 40 lK with an approximate value 0($21.000. HUSBAND haa an inveetmeDt IlClCOUDt with Alex. Brown with a value of S 18 U65.96 which is comprised primarily or inherited funds. HUSBAND and WIFE .uno_I. that the marital property of the partiN anducWs the aho\.. mf'llttonf'd pt'nSlM and in\'t'Slmf'ftt attoUftts. HUSBAND .5. . , and WIFE acknowledge that they have been infonned of their right to obtain an independent appraisal of each other's pension and investment accounts and hereby waive such right. HUSBAND agrees to waive any and all interest be may have in WIFE's pension and investment accounts. WIFE agrees to waive any and all interest she may bave in HUSBAND's retirement and investment accounts. 10. CHECKING AND SAVINGS ACCOUNTS. Each party maintains separate checking and savings accounts. The parties hereby agree to waive their right and entitlement to said accounts including a savings account held in HUSBAND's name in the amount of $3,100. 11. SPOUSAL SUPPORT. ALIMONY PENDENTE UTE. AND ALIMONY WIFE and HUSBAND do hereby waive. release, discharge and rive up any rights which eithef may have against the other to receive alimony or othef maintenance Of support. From the execution date or this agreement, it shall be the aole l'e!pODSibility of each party to sustain himself or herself without seeking any support from the other. 12. .\T'I'ORNEY ~. COURT COSTS Each party he~y arrees to be eoIely responsible for his or her own (:OUDJel fees. COItI and expftUII!II. Neither shall ...k any COIltributiOll thereto from the other party exnpt as otherwise expressly provided herein. .6. >- .:r r~ 1'- .,: "" ~-;. .. ~~ C1' ,".p~ . c'. ~ . ~,. ~~. -, ::i '.' ,ry '; r~~ u,...., ::-;. -' G:' ":7 .. - S;J .. . - .- . .~;~ " r- C; 0"" .~ . , VERIFICATION 1, Wendy A. David, veritY 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 authorities. / I Date:.1' ynl/u.1 S 1C;9~ ~ ~ YA~ ) ~ ,-. ,.. " ~ - ~ wS:: .. -j ~ ')<( ~(> - . ~ ~f: u. ~~ (" .:.1 en de; . 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