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HomeMy WebLinkAbout96-05807 '/ ';~.(l; J,J, t'~A~/:;V ~4tJ ~;4" 1-.)( 9~ '?Itt?ti ~I";'~' .'ti. :-:~. :' , ," " , ' , ,} 1",1 i " /, ,. i' " " " , " " , , , , , I, , " , ,I , \ ,. , Ii' , , , ,I, ., , ! , , I ! " , I ,I 1 " , , " , , !, I , ,. 'j , . MABJUAGE SETI1..EMENT AGREEME~ 11IIS AGREEMENT made this ~ day of O~wt ,1997, is by and between JENNIFER L. CORNETI, presently of 4S Golden Rod Drive, Carlisle, Cumberland County. Pennsylvania 17013 (hereinafter referred to as "WIFE") and llMOlHY S. CORNETI, presently of 4S Golden Rod Drive, Carlisle, Cumberland County, Pennsylvania 17013 (hereinafter referred to as "HUSBAND"). WITNESSETH: WHEREAS, the parties hereto are husband and wife, having been married on January 23, 1993, and no children were born of this marriage WHEREAS, the parties have reached an agreement concerning dispositlon of the various marital assets accumulated by the parties during their marriage and alimony, and wish to memorialize that agreement. NOW. THEREFORE, in consideration of the premises and of the mutual promises, covenants, and undertakings hereinafter set forth and for other good and valuable consideration, receipt of which is hereby acknowledged by each of the partles hereto. WIFE and HUSBAND, each intending to be legally bound hereby, covenant and agree as follows: 1. AGREEMENT NOT A BAR TO DIVORCE PROCEEDINGS. This Agreement shall not be construed to affect or bar the right of HUSBAND and WIFE to an absolute divorce on lawful grounds if such grounds now ellist or shall hereafter exist or to such defense as may be available to either party. This Aareement is not Intended to condone, and shall not be deemed to be a condonation on the part of either party hereto of any act or acts on the part of the other party which has occasioned the disputes or unhappy differences which may occur subsequent to the date hereof. 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, as amended. 2. EFFECf OF DIVORCE DECREE.. The parties agree that unless otherwise specifically provided herein, this Agreement shall continue in full force and effect after such time as a flnai Decree in Divorce may be elltered with respect to the parties. 3. AGREEMENT TO BE INCORPORATF,:JUN.JllYORCE DECREE. The parties agree that the terms of this Agreement may be Incorporated Into any Divorce Decree which may be entered with respect to them. 4.~ It is the parties' intent that this Agreement does not merge with the Divorce Decree, but, rather, it continues to have independent contractual significance, and each party maintains their contractual remedies. S. DATE OF EXECU1lON The "Date of Execution" or "Execution Dllte" of this Agreement shall be defined as the date of execution of the party last executing this Agreement. 6. DISTRIBUTION DATE. The transfer of property. funds. and/or documents provided for herein has taken 'I': , respective employers and that each party relinquishes their right to each other's pension plan. 14. ALIMONY/ ALIMONY PENDENTE; LITE. The parties agrees that there will be no alimony paid. 15. WAIVER 01<' INHERITANCE. Each of the parties hereto does specifically waive, release, renounce and forever abandon any right, title, interest, and claim, if any, either party may have In and to any inheritance of any kind or nature whatsoever, previously or in the future received by the other party. 16. WIFE'S DEBTS. WIFE represents and warrants to H usn AND that she will have her name removed from all store credit cards/gas credit cards. 17. HUSBAND'S DEBTS. HUSBAND agrees to pay assume responsibility for the following credit cards: Chase, BJ's, Advanta and Member 1st. 18. BANKRUPJCY. The parties hereto agree that the provisions of the instant Agreement shall not be dischargeable in bankruptcy, and expressly agree to reaffirm any and all obligations contained herein. 19. FINAL EOUlTABLE DISTRIBUTION OF PROPERlY, The parties agree that the division of all p~opcrty set forth in this Agreement is equitable, and in the event an action in divorce is commenced, both parties relinquish ,5- " ......... "- the right to divide said property in any manner not consistent with the terms set forth herein. It is further the intent, understanding, and agreement of the parties that this Agreement is a full, final, complete and equitable property division. 20. WAIVER OF COUNSEL FEES AND COSTS. The parties hereto agree to, and do hereby waive any right and/or claim thr.y may have, both now and in the future, against the other for counsel fees and costs, except as may be mutually agreed upon. 21. PERSONAL RIGHTS. HUSBAND and WIFE may and shall, at all times hereafter,lIve separate and apart. They shall be free from any control, restraint. interference or authority, direct or indirect, by the other in all respects as fully as if they were unmarried. They mBY reside at such place or places as they may select. Each may, for his or her separate use or benefit, conduct, carry on, and engage in any business, occupation, profession, or employment which to him or other may seem advisable. HUSBAND and WIFE shaiI not molest, harass, disturb, or malign each other or the respective family of each other, nor compel or allempt to compel the other to cohabit or dwell by any means or In any manner whatsoever with him or her. 22. MUTUAl, RELEASE. HUSBAND and WIFE each do hereby mutually remise, release, quitclBlm, and forever distharge the other and the estate of such other, for all time to come, and for all purposes whatst)ever, of and from any and all right, title and interests, or claims In or against the property (including income and gain from property hereafter accruing) of the .{j. . ..,.""-.... . -......... other or 8g81nstthe estate of such other, of whatever nature and wheresoever situate, which he or she now hBS or Rny time hereafter may have against such other, the estate of such other, or nny pa,rt thereof, whether arising out of any former acts, contracts, engagements or liabilities of such other, or by way of dower or curtesy, or claims in the nature of dower or curtesy, or widow's or widower's rights, family e~emptlon, or similar allowance, or under the intestate laws, or the right to take against the spouse's WI1l; or the right to treat a llfetime conveyance by the other as testamentary, or all other rights of a surviving spouse to participate in a deceased spouse's estate, whether arising under the laws of (a) the Commonwealth of Pennsylvania; (b) State, Commonwealth or territory of the United States; (c) any otht,r country, or any rights which either party may have or at any time hereafter have for the past, present or future support or maintenance, alimony, alimony pendente lite, counsel fees, equitable distribution or costs of e~penses, whether arising as a result of the martial relation, or otherwise, except and only except, ail rights, and agreements, and obligations of whatsoever nature arising or which may arise under this Agreement or for the breach of nny provision thereof. It Is the Intention of HUSBA~D and WIFE to give each other by the e~ecutlon of this Agreement a full, complete, and general release with respect to any and all property of any kind or nature, real. personal or mi~ed, which the other now owns or may hereafter acquire, e~cept and only e~cept, all rights, agreements, and obligBtions of whatsoeyer Dature arising or which may arise under this Agreement or for the breach of any provisions thereof. -7- , " . -~....."", -'- 23. WAIVER OR MODIFICATION TO BE IN WRITING. No modification or waiver of any of the terms hereof shall be valid unless In writing and signed by both parties, and no waiver of any breach hereof, or default hereunder, shall be deemed a waiver of any subsequent defaull of the same or similar nature. 24. MUTUAL COOPERATION. Each party shall. at any time, from time to time hereafter, take any and all steps and execute, acknowledge, and deliver to the other party' any and all further Instruments and/or documents that lhe other party may reasonably require for the purpose of giving full force and effect to lhe provisions of this Agreement. 25. AGREEMENT BINDll'!G ON HEIRS. This Agreement shall be binding, and shall inure to the benefit of the parties hereto and their respective heirs, executors, administrators, successors and assigns. 26. mrEGRATION. This Agreement constitutes the entire understanding of the parties, and supersedes any and all prior agreements and negotiations between them. There arc no representations or warranties other than those expressly set forth herein. 27. OrnER DOCUMENTATION. WIFE and HUSBAND covenallt and agree that they will forthwith (and within at least 20 days after demand therefor), execute any and all written Instruments, assignments, releases. satisfactions, deeds. notes, stock certificates, or such other writings as may be necessary or desirable for the proper effectuation of this Agreement, and as -8- .. ..,...1o'-'1Itr " '- their respective counsel shall mutually agree. should be so executed In order to carry out fully and effectively the terms of this Agreement. 28. NO WAIVER OF DEFAULT. This Agreement shall remain In full force and effect unless and until terminated under and punuant to the terms of this Agreement. The failure of either party to Insist upon strict performance of any of the provisions of this Agreement shall In no way affect the right of such party hereafter to enforce the same, nor shall the waiver of any subsequent default of the sllme or similar nature be construed as a waiver of strict performance of any other obligations herein. 29. BREACH. If either party breaches any provision of this Agreement, the other party shall have the right, at his 01' her election, to sue in law or in equity to enforce any rights and remedies which the party may have, and the party breaching this Agreement shall be responsible for the rea~onable legal fees and costs Incurred by the other In enforcing his or her rights under this Agreement. 30. SEVERABILITY. If any term, condition, clause, or provision of this Agreement shall be determined or declared to be void or invalid in law or otherwise, then only that term, condition, clause or provision shall be stricken from this Agreement, and in all other respects this ^l1reement shall be valid and continue in full force. effect and operation. Llkewlsll, the failure of any party to meet his or her obliglltions under anyone or more of the parBgraphs herein, with the exception of the satisfaction of the conditions precedent, -9. . . . I'i'! '! . ~'. 'I " ./' ",;1"" !lR.'.,t I~-" .,L'" I ~ .',' ~ '';\''1' _nl'l :..1 "I J'.l ~;'I (,II, -'i!.. "Ii ,';! COMMONWEALTH OF PENNSYLVANIA :SS. COUNTY OF DAUPHIN On this, the ~ day of rr,."...J. . 1997, before me, a Notary Public, the undenlgned officer, personally ap~TlIY S. CORNETI, known to me (or lat!afactorlly prov~n) to be the person whose name 15 subscribed to the within Instrument, and acknowledged thot he executed the SBme for the purpose therein contained. " ~ I:;!' I j' " " ., " ~ ' I IN WITNESS WHEREOF, I have hereunto set my hand and Notarial Seal. J:>.".. L Gh Olary Public ___'_ ~._---- ~-~- . ~I::.AL NU"W\\AL <>, I'ut,lin \', ,-\.)1 Nnlor'l t)ei\!sP. \.. - J.' Dauphin counly 1 l-\arrl\lbul\]. f'~. plr~:.l MBrch 6, ~.OO My Coll'lml\llllon x . '1 \' " , , ,I,. J , , , .1 " " J 1 \ , , , " , , " .., I, " " , ,; i; I' "I l-~!h 'if I 1" ~ ~!j l~{ rJ!fl f." iiy'I' .,':1 Jti,_, " Jj -'~l J:_~I "V.' !i/'Yl ~~.I;', , ~lJI'~ ,:;:1.' h.,'ii ',,',,(, I:"l q ;"ij' ;".[,-\ )1 I '. ':' i' 4. Related claims pend Ins: tl.ll.K 5. Date and service of the Notice of Intention to file Praecipe to Trll1llmh Record, a copy of which Is attached, If the Decree Is to be entered under section 3301 (d)(l)(I) of the Divorce Code. nLJ.. " OJ--~tR7W LEONA D TINTNER CHARLES 1. HARTWELL Attorney for (x) Plaintiff ( ) Defendant ." 1J11J~ 7' , , , , " ,'J I " .i' , , , I I 'I r-',I , " ," , , 'I , ,J " '1", , " , , ,.j, , ' " " I I , I" I. I, I' 'I 'I " , " I I ,I ,I , " I I I " I, " " , " , , :1 ., I , " , , " I 'II, " I " , 'I ., , ,~ M i;; , N " , ", ., ~-~i1 , .. , il{q - 'I [) -,' '::5:1~ .... (,'..)~ ft..,. U.. I ~" I: I n '" ""; " \.' .')./ . " -\.', - . .ff;; "I , c.~ "1r1') , ,..tll ll.~ 1- .L :;:, q ,.- -..: ~I I:; , ., ,I " l1;; 0 " I' , , I " , , I , ]'/ :' ii' " " , I! , ,I " " , , , , I I, 'I , I, ': ,; , I " , i' , " It'l t ',J ~I , , " I " , , , , , I I, ", , , , , , ,.!' , , " " " 1,1 .1 . ... i' ',,'I" ',;)\ -, ~ :~ , :"1:., .',I/,I:\;'jl, , ,',I ';'; ,1'1' ,,'.'t ",'I" I"" , " " ;',' 'J'I,,': I" 'il 8110 , . .~ " .~, l , , " Ii , ~ , ,. , , I ", , ....1/ ,""ll 'I ',1 I" " " , ., , I' , , ". :,1 , " " ., , "I ., ., , , Ii ,;, \1 " ., ;,'11 ,. ," " ,..f, 'l'jl. ~" " "i, :tS' t1: , , " , ,. ", , I 'I"',, ~~ ~ ~ e ~ ~ ~"~ .71. 'l.: ! ! {. "1 " , , " " ., , " .' I, , .' " , , I) 'it" " " ',1 -5 i II CI . = l> . III I' I f< \, - ] i 1 :1 i' ,;, )1 , JI, , , 'i , I ,',\ " ,"; , , , , , , , " , , , , , , , " , '. " :J " " , 11" " , ,Ii " ), :' i', , , " , , ., I' I p\ " , , ,'1,', , " :' ",I .. , , , ~ . " ~ " /1 " " ',', . . " , .'1 ' Leonard "lnlncr, Esqulrc Suprcmc Court I.D, *06859 BOSWELL, SNYDER, T1NTNER &; PICCOLA. 315 N, Front Strcct PO Bo~ 741 Harrisburg, PA 17408-ll741 (717) 236-9377 AllOlllCys for Plaintiff '., I',; " I' '. I )/ i JENNIFER L. CORNETT, PLAINTIFF I IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNlY, PENNA. I : NO. 9l,- SP07 (7,u,f/~IL"'l I : CIVIL ACTION - LAW : IN DIVORCE I , v. , ',. TIMOTHY S. CORNETT, DEFENDANT I,. ~TICE TO DEFEND AND CLAIM RIGHTS .i YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set forth in the following pages, you must take prompt action, You are warned that if you fail to do so, the case may pror.eed without you and a decree of divorce or annul- ment may be entered against you by the Court. A judgment may also be entered against you for any other claim or relief requested in these papers by the Plaintiff. You may lose money or property or other rights important to you, including custody or visitation of your children. .., ! When the ground for divorce is indignities or irretrievable breakdown of the marriage, you may request marriage counseling. A list of marriage counselors is available in the Office of the Prothonotary, Cumberland County Courthouse, I Courthouse Square, Carlisle, Pennsylvania 17013. You are advised that this list is kept as a convenience to you and you are not bound to choose a counselor from the list. All nece.ssary arrangements and the cost of counseling sessions are to be borne by you and your spouse. If you desire to pursue counseling you must make your request for counseling within TWENTY DAYS (20) of the date on which you received this notice. Failure to do so will constitute a waiver of your right to request counseling. IF YOU 00 NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY, LAWYER'S FEES OR EXPENSES BEFORE A DIVORCE OR ANNULMENT IS GRANTED, YOU MAY LOSE THE RlGlIT TO CLAIM ANY OF THEM. m:\ hOlllc\ ItIlDlIIlIy\~onictl.dlv 10/14/96 " 1'"., Leonard Tlnlllcr, Efillulrc Suprcmc Court J.D. flI068~9 DOSWl!l.L, SNYDER. T1NTNER & PICCOLA 31~ N. Front Strect PO Do~ 741 Harrlsbnrs, PA I 7408.074 t (717) 236-9377 Allorneys for Plalnt"l JENNIFER L. CORNETI', PLAINl'IFF I IN THE COURT OF COMMON PLEAS I CUMBERLAND COUNTY, PENNA. : NO. 9(,,- $1>07 (L,( ~IU>J v. TIMOTHY S. CORNE'IT, DEFENDANT : CIVIL ACTION - LAW : IN DIVORCE COMPLAINT IN DIVORCE UNDER ~330J(Cl OF TilE DIVORCE CODE AND NOW COMES the Plaintiff, Jennifer L. Cornett, by her cOllllsel, Leonard Tintner, Esquire, and Boswell, Snyder. Tintner & Piccola. and complains of the Defendant, Timothy S. Cornett as follows: 1. Plaintiff is Jennifer L. Cornett, an adult individual currently residing at 45 Golden Rod Drive, Carlisle, Cumberland County. Pennsylvania 17013, 2. Defendant is Timothy S. Cornell. an adult individual, currently residing at. 45 Golden Rod Drive, Carlisle. Cumberland County. Pennsylvania 17013. 3. Plaintiff and Defendant have been bona fide residents of the Commonwealth of Pennsylvania for at least 6 months previous to the filing of this complaint. , '<I......". "- " . , I " I I ." ." 1,1 . " " itl '.. , it , " " ., " . " I, ;p' ,I ., " I. ,I " , I /I " I , , 'it i' , " , , " , i' , " , " Er., I ?:: " .:r ",," "" 'IL;'" .,., I~ .. ,.1"5 'I .:t nl~ , :r.:: .J ~e " I , , rL Cl.. 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