HomeMy WebLinkAbout96-05199
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consideration. receipt of which is hereby acknowledged by each of the parties hereto.
HUSBAND and WIFE. each intending to be legally bound hereby. covenant and agree as
follows:
1. ADVICE OF COUNSEl.
HUSBAND and WIFE declare that they have each had a full and fair opportunity to
obtain independent legal advice of counsel of their selection. HUSBAND has been
independently represented by Barbara Sumple-Sullivan. Esquire. WIFE is cognizant of her right
to legal representation and dec'ares thaI slie has chosen not to retain an attorney notwithstanding
the fact that attorney for HUSBAND has told her that she has an absolute right 10 be represented
by an attorney. WIFE has chosen instead to negotiate directly with counsel and/or with her
HUSBAND, Wife hereby acknowledges that she has done so willingly and the she fully
understands the facts and has been ful'y informed and understands. that had a Coun decided this
matter, she may have received more or less than is provided for in this Agreement, WIFE
knowingly waives her rights, if any, to utilize the lack of her legal representation as a basis to
atuck the validity of this Aarmnem, Bolb partin funher acknowled,e and IJrft that each hu
fully disclosed thtir resp<<tive fmandal silUltions to the ocbtt, Includillt their ~ liabilities
and income. Each of the penia ackmwkdp and aams that. ahtr having ~ved such
information and wiUI such m~~. this "'1(taW... i1 fai.f, ~ and ~ and dIat
it is beift& mtmd iftlo freely. volwluflly ad 1ft aood fMth .. N the tlKVItiorI of this
AlntmtnC is IlOl the ravIt d IIlly ~ __ ~. COotft_ ~ andt-or imp..
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2, PERSONAL RIGHTS
HUSBAND and WIFE may and shall, at all times hereafter, live separate and apan.
Each shall be free from all control, restraint, interference or authority, direct or indirect, by the
other in all respects as if she or he were unmarried, except as may be necessary to carry out the
provisions of this Agreement. Each may reside at such place or p'aces as she or he may select.
Each may, for his or her separate use or benefil. conduct, carry on 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 pan of either HUSBAND and WIFE of
the lawfulness of the causes which led to, or resulted in. the continuation of their living apan.
HUSBAND and WIFE shall not molest. harass. or malign the other or the respective families
of each other, oor compel the other to cohabit or dwell in any manner with him or her, oor in
any way interfere with the peacefu' existence, separate from each other.
3. DEm
Each JlII1Y repre5e/llS that they have not contracted any debt or liability for the other for
which the awe 01 the other pany may be responsible or liable except as otherwise provided
herein, IIId that elcept only for the richU arisina 0l.It 01 this Aareement, neither party will
heresfter incur Ifty 'iability whatsotver for Yrhicb the other pany or the awe 01 the other party
'Will be I~. Each party *ITeeS to indemnify and hold hann.Icss from and llpimt all funn
obIilatioM 01 eury kind int\Imd by dMm, inclvdina !hose for MCa1itIes.
Tht pu1ia affinn that cedt pitt} man pay all (mIit card debt in their own MmtS. nw
panieJ mrtIltm IllII no jaiftt obIiJ~ ~dst with dw etctption of the monpps and l'dUc1e
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loans as set forth in paragraphs 6 and 7. To the best of the parties' knowledge, the parties
amrm no other joint debt exists.
4, WAIVER OF APPRAISAL AND INVENTORY
The parties acknowledge and agree that they have each had an opportunity to value or
have appraised any and all marital property. and they do hereby waive a formal appraisal and
inventory of same, and no statement or representation by either party as to value shall be
deemed a misstatement or misrepresentation to the other or be deemed fraudulent.
s. MARITAL AND NON.l't-IARIT AL ASSETS
HUSBAND and WIFE do hereby acknow'edge thaI they have heretofore divided the non-
marital assets and marital assets including bul without 'imitation, business intemts. jewelry.
cloches. furniture, IlOCU. bonds. pensions and other assets wherever situated whether real.
pmonaI or mixed. tan,ible or intangible, and HUSBAND qrefS dw. with the e:lteplion of
Exhibit A which items WIFE shall give to HUSBAND, all assets in the possession of WIFE
shall be the SIlk Ind IeptI'Ile pI'OIl<<1y of WIFE: and. WIFE IIrefS that all wets in the
pOIllCSSlon of HUSBAND shall be the sole and separate propeny of HUSBAND, Each of the
parties doa beftb)llJleclfically waiv~. n:k.LK, renounce and (orner abandon wlwever claims,
if Ittf. be or . may have wilh rap<<11O InY ollbe above said items whicb are the sole Ind
tqWIIlt ...~vt} of ... odwr,
1"ftil dl.l(WWI4t4.... (UNa......1 01_ f<< said sole pt~y.
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6, REAL ESTATE
The parties jointly own property at 272 Brindle Road, Mechanicsburg, Cumberland
County. PA and 244 S, 17th Street. Camp Hill Cumberland CounlY. PA. The Brindle Road
L- -r JL./ :rE-I mellofl
~ property is encumbered by a mortgage due aJt owing to HtIfriS Bank in an amount equal to
JEI 9{#)~'/!Sn'Wl1~~1i~~)~O~id 17th Street property is also
UIJge/S JE"I f"lcrV -JJ.r€ e. ~/
encumbered with a mortgage due and owin~ to ~ Bank in the amount of ~ '7':-
MoIIJ/JIJO lJo/lats (1/6), 0(0) :Ie
THOUiAWQ BOblt.RS ($92,888,88) and a 'ine of credit loan due and payable to Mellon Bank
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in the arnounl of FORTY-FIVE THOUSAND DOLLARS ($45,000,001. HUSBAND hereby
quitclaims all his rights. titles and interesl in the Brindle Road property to WIFE and WIFE
hereby quitclaims her rights. title and interest in the S. lith Street property to HUSBAND,
Both parties agree to sne hannless and indemnify the other from all liens. mortgages, lUes,
COStS or related real estate expenses for the property for which they will obtain title, Each party
agrees they shall refinance in their sole name all exisling joint mortgages currently filed against
their respective properties. The parties shaI' execule deeds transferring all their ri&flU. title and
interest in the propelt)' to the other. These deeds shall be held in escrow by counse' for
HUSBAND until the respective ptOf'o;lty is refinanced or sold, The refanance of p.~)' must
occur within three (3) years of the date of this agreement, If no refinance is accomplished
durina that time. the property shall be immediaIfly listed for sale upon the upiration of the
three (3) year period. Upon sale. the net proceeds shall be tbt so&. and exclusive p1Of'o;lty of
the pe.naft who ICqaairtd title of that ~ pIf1UIftI to this .,mment.
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alimony, alimony pendente lite. counsel fees. costs and expenses or other provisions for their
suppon and maintenance before. during and after the commencement of any proceeding for
divorce or annulment between the panies.
13. AFl'ER ACOUIRED PERSONAL PROPERTY/FUTURE EARNINGS
Each of the panies shall hereafter own and enjoy independently of any claim or right of
the other. all items of personal propeny, tangib'e or intangible. hereafter acquired by
HUSBAND or WIFE. with fun power in him or her to dispose of the same as fuI'y and
effectively, in all respects and for all purposes, IS though he or she were unmarried.
I 14. f?1cONY. SUPPORT ANDJi;INTENA."<lC' 1/ -Jo
I ~S ~~"'A r!EiI.)~.?::~ ~~~~rE d\~'~~ ~~~~~~~ .. ~~~-1
\rrt\-~ I..lme";l, 5u/,porr IUW matn'Hnf1t?Cl Ho 1,IJifr(.1, fh./.J8BflC^..
. rf ~~. flSbR~krr;;RPfi ylii'~ J:; era;;,~. s~~m!~j~>>;';/aio' P~~mr;;.;If
I ""leI R~M'C~~~~~~~;Ar~~~~~;~tf he7;;;~~'7~~~~-;;~ '
I 1#- ;Jj;::~~T~h~I'~'~;' !~-i!j~~t '~~:"ifcfVe.
~et:Jl fit) AJQ~#" ceoJl ~jJ Oo.VfI}Q!lfu.ohtV I
NO\;. . . meci- II t,mOn Y If) svpprIt- OF &1'10- .
USBAND lIIld WIFE IN1lltl~ Wnd kpl ~ of _ J*1in' minor d\tld,
Taykx. I'rinw)' pbylkal c~ 01_ dltld WlI be in \\In:. PIrtW pb,Ua1 CUSIody of
the aid sNII be with HUSBAND i.1 outllfllN It fuIto., The pIrtia ~ pcltelltly ~inI
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the Divorce Code of 1980. as amended, Both parties hereto agree that this Agreement
may be incorporated into a separate Court Order but shall not merge in such order in the
Court of Common Pleas of Cumberland County. Pennsylvania,
18, OTIIER DOCUMENTATION
HUSBAND and WIFE covenant and agree that upon request of the other party.
they will fonhwith execute and deliver to the other party. any and all written instruments.
assignmentS, releases, satisfactions. deeds. notes or such other writings as may be
necessary or desirable for the proper effectuation of this Agreement.
19, MUJ'UAL WAIVER AND RELEASEOP RIGHTS AND CLAIMS IN ESTATE
Each party hereby re'eases. waives and relinquishes any and ai, rights which he
or she may now have, or may hereafter have, against the other party under the present
or future laws of any jurisdiction (aI to share in the estate of the ocher pany upon the
other party'. dead! and lbl to act as executor/rix or administrator/rix of the other party'.
estate.
a, Ml.JTl!AL.~ put::
HUSBAND and "1FE ... do hmby mu&ually remiIe, rllftS(. qultdalm and
f~ clbdw&e 1M other and lilt est.- of sudt other. for all Umt to tI.'ftll", and for .n
f!W'POM' ..~ ler. of and from lIlY and ..I ripls. titk and mmu, or claims in or
II" die P'+.ll {1M..... iln'aftl! _._ from ~ ~ I(t~ of die
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other or against the estate of such other. of whatever nature and wheresoever situate,
which she or he now has or at any time hereafter may have against such other, the estate
of such other or any pan thereof, whether arising out of any fonner acts, contracts,
engagemenu or liabilities of such other or by way of equitable distribution, dower or
counesy, or claims in the nature of dower or courtesy of widow's or widower's rights,
family exemption or similar allowance, or under the intestate laws. or the right to take
against the spouse's will. or the righl to treat a Iifelirne conveyance by the other as
testamentary, or all other righu of a surviving spouse to panicipate in a deceased
spouse's estale. whedJer arising under the 'aws of (s) Pennsylvania, (b) any State,
commonwealth or lerritory of the United States. or (c) any other country. or and righu
which HUSBAND or WIFE may have or at any time hereafter have for the past. present
or future support or maintenance, alimony, alimony pendente lite. counsel fees. cosu or
expenses, whether arising as a result of the marital relation or otherwise. except. and
only except, all riahU and Agreements and obligations of whitsoe\'er nalure arising or
which may arise under this Agreement or for the breach of any \hem)I, Each of the
panies herdo further covenants and agrees for himself and herself and his or her hein,
cxec:ulOn, administrators and assip, that he or she will MYer. at any time hereafter.
sue the other party or is or her IIdrs. Uec:uIOn, administrators and assips. lot the
purJlOIC of cntorriaa Ifty of the ripo relinquished under this parqrapIt. Each of the
pII1ies Mther (O\'CNIllS II'td aana that he or she will pmnit any ..ill of the other to
be p... [' r.t and .no- llbitIistratim upon his or her pertMal, real or mbed estae II'td
aDo. efffCU to be talen out by the pet klo\ or penons .110 ..ould ha\C bmI entitled to
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23. ENTIRE AGREEMENT
HUSBAND and WIFE do hereby covenant and warrant lhat lhis Agreement
contains all of lhe representations. promises and Agreements made by eilher of lhem to
the olher for lhe purposes set fonh in lhe preamble hereinabove: lhat lhere are no claims,
promises or representations not herein contained. eilher oral or written. which shall or
may be charged or enforced or enforceable unless reduced to writing and signed by bolh
of the parties hereto,
24. BINDING EFFECT OF AGRF.F.MENTIW AIVER
This Agreement shall remain in full force and effect unless and until terminated
under and punuant to the teons of lhis Agreemenl.
The failure of either party to insist upon strict perfonnance of the provisions of this
A'reemen! shall not be constrUed IS a waiver of any subsequent default of the same or
almilar nature, nor shaJ' such failure be construed IS a waiyer of any other term.
condition. clause or provision of lhis Apcement.
2$, BREACH
If either pII1y bmdles any provision of this Act~...... the otber pert} &bill
baye the ripe. It his Of her tl<<tion, to IVt for damqes fOf sudI bmdI or .. sudI
otber ,~ Of relitt IS may be a"aiIabIIe to him Of her, and the ptrty breAC:hit. this
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LAW OPPICQ
BARBARA SUMPLE.SULLtVAN
... "lOGE S11tlrr
ICW CUMllERLAHO. PENNSYLVANIA 17070.11131
PMONI' U""n..l.....
FAX "1'71774.70..
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_. .. " TIlIIR _IIKT COf"Y
qp THe 0It101_
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JACK E. LEONARD. JR..
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY . PENNSYLVANIA
Plaintiff
v,
NO. 96-5199
TERESA J. LEONARD.
CIVIL TERM
Defendant
IN DIVORCE
AmDA VIT OF CONSENT
1. A Complaint in Divorce under U301(c) of the Divorce Code was filed on
Seprember 19. 1996.
2. The IlIIITiage of Plaintiff and Defendant is irretrievably broken and ninety (90)
days have elapsed from the date of filing and Service of the Complaint.
J. I consent 10 the entry of a final decree of divorce after service of Notice of
Intention to Request Entry of the Decree.
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DATE: J.., /it/q'7
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Tetaa J. Leonaid .
COMMONWEALTH OF PENNSYLVANIA )
) 55.
COUNTY OF )
Before me. the undersigned officer. a Notary Public in and for said CQ01mOftwftkh and
County. penooalty appetred Tfl'tSll J. Lcoaard. who bein& duty afflf'llled ~ to la....
d<<p fO and uY' that the facts and INIter set fonh in the within and forqoina W AlYEa OF
NOTICE OF INTENTION ro REQUEST ENTRY OF A DIVORCE DECREE UNDER
.mUd OF 11IE DIVORCE CODE and AmDA VIT OF CONSENT IIY tnR IIld comet
to die bat of Iris 'nowled&e. infcxmation and bdid.
AfflmlC!d and lIUbk'ribed III bdon: me ~ eta) of .aJJ:i. 1_
l1'trrl.PQ1l\-
NOT AR"
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