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PROPERTr SETTLlD1E:-\T AGREID1E:\'T
THIS IS AN AGREEMENT made lhis 31sT day of \lw lJ ' 1997. by and between
Thomas Guy Hammond. Jr.,ofNewburg, Cumberland County. Pennsylvania,(hereinafter referred
10 as Husband) and Darr Ann Hammond, of Carlisle, Cumberland County, Pennsylvania,
(hereinafter referred 10 a~ Wife),
WHEREAS, Husband and Wife were married on October 19, 1974, in Carlisle, Cumberland
Counly. Pennsylvania; and
WHEREAS. various differences have arisen belWeen Husband and Wife. whereby they have
been living separate and apart since September 19. 1996; and
WHEREAS, the parties have agreed to mainlain separate and pennanent domiciles and to live
apart from each other; and
WHEREAS, the parties desire to enter into an amicable settlement to provide for all of the
property rights of the parties and to dispose of the rights and obligations of each to the otMr in
respect to support, maintenance. alimony, counsel fees. equirable dislribution. and all olher rights
and obligations under the Divorce Code of 1980. as amended, and it is the intention and
agreement of the parties that this Agreement be a full. complete and final settlement of all of
those rights and obligations under said Di\'Orce Code; and
NOW, THEREFORE, for and in Cltchange of mutual considerations, and intending to be bound
b)' the pnwisions hereof, the panies llIml that their recitals fonn a part of this Agrmnent and
waive any right to counseling under the Di\lll'CC C,-.de of 1980, as amended. and right 10 cOUl1lleI
fees, costs. alimony. ~\It, maintmanl."C. and any other rights under the said Di'l.,rce Ct-.de no'
prtwidcd for ~in and agree as ",I lows:
I, SEPARA TIOS. The parties agm: that it shall be: 1ay,fi.t1 fOr each party. at all times
hereafter, to live separalC and -ran fmm the ocher, at such pblcc or places as he or she may, from
time-Io-timc. chol.\SC or deem tit Each perty shall be free liom intetferetll:c. authority or contacl
by lhe otm.'f. II!I flllly as if he l." robe WeN sift,k and W1l1IIlTicd.. ell~ as may be D\'\:CS5It)' to
carry out the plUviWns "I' this ^Jl'lXUKnL Scither party shall mokst tM ,llha l." attenlpt Itl
eno.Ianlf ll.lltll.\1$ the 11ther.1k\!' romret the l.ltM 10 ~....Ibilblt y,ith the uther. Of in any _'&)' ~"
or IMllan the 0Ihtr. a\l' in III)' way illt.., ""( _ ith th.: p:t&1:fW "'listCDL'\:. ~ Illd apII1. 1hll1t
the ,>dler
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2. REAL ESTATE. Husband and Wife jointly own the marital residence localed at 65
Covered Bridge Road, Newburg, Pennsylvania 11240. The marital residence presenlly has an
oUlstanding mortgage in favor of PNC Bank. The parties agree 10 sell the marilal residence, the
proceeds from whieh will pay olTthe mortgage and all olher marital debts. The residence will be
listed with a real eslate broker wi/hin two weeks of signing lhis agreemenl, and neither party will
hinder or delay lhe sale of said residence.
3. AUTOMOBILES. Wife shall have as her sole and exclusive property, title to and
possession of lhe Ford Fcsliva. Husband shall have as his sole and exclusive property, title to and
possession of the Chevrolet Cavalier. Each party shall indemnify and hold the other hannless
Irom any liability on any loan encumbering the vehicle, cost of repairs, maintenance. registration,
insurance and/or inspection oflhe vehicle which each is taking as his/her sole and exclusive
property,
4. PERSONAL PROPERTY. The parties have divided or have agreed to a division oftheir
personal property which includes bank accounts, ccrtilicates of deposit, life insurance policies.
jewelry, clothing, furniture and other personal items, Aller the aforesaid division ofthe personal
prop..'I1y is complete, any and all propcny in the possession of Husband shall be his sole and
separale property. Any and all pnlperty in the posS\.'Ssion of Wife shall be her sole and separate
propcny. Each party fon:ver renounces whate\'er claims he/she may have with respect to the
pnlperty which the other is taking. Each party understands thai he/she has no right or claim to
any propcny acquired by the other after the signing of this Agreement.
5. PENSIONiRETIREMENT PLANS. Husband has two pension plans fully vested due to
his em~loyment with McCoy Brothers. Inc.. The first is a pmfil-sharing plan with a balance of
$51,4 2.12 as (lfScptember 1996. Wife will rccci\eone-halfofthe September 1996 balance at
the time of Husband's n.'tirement lium McCoy Brothers Inc.. or at such lime as Husband's
~mplo>ment with McCoy Brothers Inc. should C(lS( for what!:\'Cf cause or reason.
The second is a stocko{)wncnhip plan with a balance of $42,259.83 as of
September 1996, Because of the plltential for fluctuation in the \'Blue of the stock. wife will
r~'CCive either one-half of the September 1996 balance amount at the: time: Husband ceases to
WI,", for McCoy Bmtlk.n Inc. dill: to ~imnent or for any otooreason orcaullC. orone-halfofa
I~'i(f amount if th.: valut I'f th.: \k'Ck ownm.hip plan is k:s.~ than the Scph:mber 1996 halllll.'\:
amount.
1\. DEBTS, All d.:bu \IW cd by the partlO as IIf Sqltem"'-T 19, 19%. Jointly or sin&ly. Will bc
paid lllhe time of the: sale l,t'the marilill residc:n.:e, All s~-lI d.:bu will bc l~idatQj using funds
I'l:'ahl\.od In"" tbc ~ ot'tbc lllilrit.al moiJm.:c. with c~ t" fully satisfY each debtor drawn lWl
t~ funds dunn, ...-nle"".'nt 1'1' the I"'>pnty .,,,,v~an.;c, No di~ II III bc made hl
~'ltlk.'l'~) \lIl1l1 .all dclw'l haw Nm raid.. The JWtil.... ~ and lllllTWll hI each (ltber that
Il<1t~ ~ mr..:wmIlW1) .ltM dttIt, "'If mak Ill) Il\her .'<'IIt....", t\>r \\ hil:h the lither Ilr hl!.M
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estale may be liable, from date of separation forward. Neither party shall contract nor incur any
debt or liability for which the other or hislher property or eSlate mighl be responsible and agrees
to indemnify the other from any claims made against the other because of debts/obligations not
incurred by the other. The debts to be paid at the sale of the residence is comprised of the
following:
a. Sears account #05-58983-551141.
b. Sears Plus account #05-59056-98513-3.
c. Patriot loan #50??oo8155.
d. One Beneficial loan: #532-81338.
e. Mortgage in favor of PNC Bank #30-02-3009303886.
f. Discover accounl #60 11-0021-4353-1622.
g. Farm Plan account #75311-60880.
h. Radio Shack account #7738-1574-6850-3.
i. Montgomery Wards account #114-977-349.
j. Cover Auto payments.
7. ALIMONY, ALIMONY PENDENTE LITE, SUPPORT OF SPOUSE. The parties waive
any and all right to receive from the other any payment of alimony, alimony pendente lite, and/or
spousal support.
8. EFFECTIVE DATE. The effective date of this Agreement shall be the date of execution
by the parties if they had each executed the Agreement on the same date. Otherwise, the
execution date of this Agreement shall be defmed as the date of execution by the party last
executing this Agreement
9. DIVORCE. Wife has filed adivoo:e lIdion No. 96.5153 Civil Term before the Court of
Common Pleas of Cwnberland County, Pennsylvania, claiming that the rnaniaae is irretrievably
broken WIder the no-fault mutual consent provision ofSedion 3301(c) of the PetlIISylvania
Divorce Code. Both parties &pee to execute any and all affidavits or other documents necessary
for the parties to obtain an abIJoIute divorce pursuant to Sections 3301(c) of the Di~'On:e Code,
includinl waiver of all rights to Rquest Court ordered c:ounselm,.
10. INCORPORA nON INTO DECREE. Should a decree, judpMnt or order of separation
or divorce be obtained by either of the parties in this or any other swe,. COWlUy, or jurisdiction.
each of the parties hereby consents and qrca that this A&1callCftt and all afits covenlllls shall
not be aflCtted in any way by any sudI sqIIIItiM or di\~ and that nothina in *'Y web
deme. judplcnt. onkr or l'vI1Ilcr modification and revision thmof shall aItcr.1mmd or vvy
any lerm aflbis Apematt. ,.ttdIlet or not em. or ~ ofthepertlts 1haIIl'miii,). it bdnt
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underslood by and between lhe parties hereto that this Agreement shall survive and shall not be
merged into any decree, judgment, or order of divorce or separalion. II is sp~'Cifieally agrced,
however, thai a copy of this Agreement or lhe substance ofthe provisions thereof, may be
incorporated by reference into any divorce, judgmenl or its decree. This incorporalion, however,
shall not be regarded as a merger, it being lhe specific intent of the parties to penn it this
Agreement to survive any judgment and to be forever binding and conclusive upon the parties.
II. MUTUAL RELEASE. Husband and Wife do hereby mulually remise, release, quil claim
or forever discharge the other and the eslate of such other, for all time 10 come, and for all
purposes whatsoever, from any and all rights, lit Ie and interest, or claims in or against lhe estate
of such other, of whatever nature and wherever situate, which he or she now has or at anytime
hereafter may have against such olher, lhe estate of such other or any part thereof, whelher
arising out of any fonner acts, conlracts, engagements or liabilities of such other or by way of
dower or curtesy of claims in the nature of dower or curtesy. or widow's or widower's rights,
family exemption or similar allowance or under the inlestate laws; or lhe right 10 take againsllhe
spouse's will; or the right to treat a lifetime conveyance by the other as lestamentary or all or
other rights of the surviving spouse to participate in a deceased spouse's estate. whether arising
under the laws of Pennsylvania. any state. commonwealth or territory of the Uniled States, or any
other country or any right which either party may now have or al anytime hereafter have lor past,
present or future support or maintenance, alimony, alimony pendente lite, counsel lees, costs or
expenses, whether arising as a result of the marital relation or otherwise, except and only except
all rights and agreements and obligations of whatsoever nature arising or which may arise under
this Agreement or for the breach of any provision thereof. II is the intention of Husband and Wife
to give 10 each other by the execution of this Agreement a full, complete and general release with
respect 10 any and all property of any kind or nature. real. penonal or mixed. which lhe other
now owns or may heKafter acquire, except and only except all rights and agreements and
obligations of whatsoever nalure arising or which may arise under this A~'ltlenl or for lhe
breach of any prov'ision thereof.
12. COUNSEL FEES. Each party individually covenants and agrees that he or she will
indiv'iduaJly assume the full and sole responsibility for legal expenses for his or her atto",,-'Y and
coW1 fe'Osts in ~'OIUlCCtitln with any div'~c: action which may be brought by either party and shall
make no claim apinsl the other for such costs or fees.
13. ADOmQ.'lAL INSTRUMElIoTS, Each of the partin shall. lhlftl time-to-ti~, at the
requesI of the other, exa.~. ackoowla.tlC and deliver 10 the other p8ty lilY and all further
i~s or d.lI:umentJ that may be retSL'Mbk mjuiml to liw full r..'lQ;C and effect to tM
f"\" ''Ilk'"'' l\f ttlill ^Il"cmmt,
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Plaintiff may have the right to request that the Court require the
parties to participate in counseling.
WHBRBFORE, the Plaintiff requests your Honorable Court to decree
that the Plaintiff be divorced from the Defendant.
~'l 'ltd--
ndsay D/ aird, Esquire
ttorney for the Plaintiff
37 S. Hanover Street
Carlisle. PA 17013
717 - 243-5732
I verify that the statements in the foregoing pleading are true and
correct. I understand that false statements herein are made subject
to the penalties of 18 PaCS 4904 relating to unsworn falsification
to authorities.
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Darr Ann Hammond. Plaintiff
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IN THE COURT Qt' COHMON PI.HAS Qt. CUMDERI.AND COUNTY. PENNSYLVANIA
CIVIL ACTION - LAW
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nlIRR ANN H~ .
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Plaintiff .
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I File No. 96-5153
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vs. : IN DIVORCE
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TID1AS QJY 1WM:tlD, JR. .
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Defendant .
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NOTICE TO RESUME PRIOR SURNAME
Notice is hereby given that the Plaintiff/Defendant in the
above matter. having been granted a Final Decree in Divorce on the
5th day of___.-Augw;t_.___.. 19_27.._.' hereby elects to resume the
prior surname of DMR ANN FUI.l.Mrn . and gives
this written notice pursuant to the provisions of 54 P.S. 5 704.
DATE:_ August 7L!997 __"
S0 ~~J\~'\~'\{n '\1'\1r\\.
signature '
~-~,,~~\~,/
Signalure of name being resumed
COMMONWEALTH OF PENNSYLVAN'AI
I SS.
COUNTY OF CUMBERLAND
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On the ,.7.!JL day of _~st...__.._.... 19.17_". before me. a
No'ary Public. personally appeared the above affionl known to me to
be the person whose name is subscribed to t~ within doc~nt and
c1cknowledged that he/she executed the foregoing for the purpose
therein conlained.
In Wllness Whereof. I have hereunto se' .y hand and official
seal.
l"J~~J.lkL
l>Iotary Public
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