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provision for the resolution of their mutual differences, atler both have had full and ample
opportunity to consult with attorneys of their respective choice, the parties now wish to
have that agreement reduced to writing,
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NOW, THEREFORE, the parties hereto in consideration of the mutually made and
to be kept promises set forth hereinatler and for other good and valuable cORsideration,
and intending to be legally bound and to legally bind their Ileirs, successors, assigns and
personal representatives, do hereby covenant, promise and agree as follows:
ARTICLE (
SEPARATION
1.1
It shall be lawful for Husband and Wife at all times hereafter to live separate and
apart from each other and to reside from time to time as such place or places as they shall
respectively deem fit, free from any control, restraint, or interference, direct or indirect, by
each other, Neither party shall molest the other or compel the other to cohabit or dwell
with him or her by any legal or other proceedings, The foregoing provisions shall not be
taken to be an admission on the part of either Husband or Wife or the lawfulness of the
causes leading to them living separate and part,
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2,(
ARTICLE n
DIVORCE
This agreemeRt is Rot predicated on divorce, It is specifically understood and
agreed by and between the parties hereto and each of the said parties does hereby warrant
and represent to the other that the execution and delivery of this Agreement is not
predicated upon nor made subject to any agreement for institution, prosecution, defense,
or for the non-prosecution or non-defense of any action for divorce, provided, however,
that nothing contained in this Agreement shall prevent or preclude either of the parties
hereto from commencing, instituting or prosecuting any action or actions for divorce,
whether absolute or otherwise, upon just, legal and proper ground, nor to prevent either
party from defending any such action which has been, mayor shall be instituted by the
other party, or from making any just or proper defense thereto. It is warranted,
covenanted, and represented by Husband and Wife, each to the other that this Agreement
is lawful and enforceable and this warranty, covenant and representation is made for the
specific purpose of iRducing Husband and Wife to execute the Agreement, Husband and
Wife each knowingly and understandingly hereby waive any and all possible claims that
this Agreement is, for any reason, illegal or unenforceable in whole or in part, Husband
and Wife do each hereby warrant, covenant and agree that, in any possible event, he and
2
she are and shall forever be estopped from asserting any illegality or unenforceability as to
all or any part of this Agreement.
The parties acknowledge that a Divorce action has been filed in the Court of
Common Pleas of Cumberland County, Pennsylvania at 97-\33, The parties agree that
they shall execute Affidavits of Consent and Waivers of Notice after the mandatory ninety
(90) days have passed since the service of the aforementioned Divorce,
2,2
It is further specifically understood and agreed that the provisions of this
agreement relating to the equitable distribution of property of the parties are accepted by
each party as a final settlement for all purposes whatsoever. Should either of the parties
obtain a decree, judgment or order of separation or divorce in any other state, country, or
jurisdiction, each of the parties to this Agreement hereby consents and agrees that this
Agreement and all its covenants shall not be affected in any way by any such separation
and divorce, and that nothing in any such decree, judgment, order or further modification
or revision thereof shall alter, amend or vary any term of this Agreement, whether or not
either or both of the parties should remany, it being understood by and between the
parties that this Agreement shall survive and shall not be merged into any decree,
judgment or order of divorce or separation.
2.3
It is specifically agreed that a copy of this Agreement may be incorporated by
reference into any divorce, judgment or decree if or whenever sought by either of the
parties hereto, Such incorporation, however, shall Rot be regarded as a merger, it being
the intent of the parties to permit this Agreement to survive any such judgment or decree.
ARTICLE III
EQUITABLE DiSTRIBUTION OF MARITAL !'ROPERTY
3.1
The parties have attempted to divide their marital property in a manner which
conforms to the criteria set forth in Section 401 of the Pennsylvania Divorce Code and
taking into account the following consideratioRs: the length of the marriage, the prior
marriages of the parties, the age, health, station, amount of sources of iRcome, vocational
skills, employability, estate, liabilities, and needs for each of the parties, the contribution of
one party to education, training or increased earning power to the other party, the
opportunity of each party for future acquisition of capital assets and income, the sources
of income of both parties, including, but not limited to medical, retirement, insurance or
other benefits, the contribution or dissipation of each party in that acquisition,
3
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ARTICLE V
INCOME TAX RETlJRNS
Husband and Wife agree to each claim one child for income tax exemption
purposes, Once the eldest child is emancipated, the parties shall alternate the exemption,
ARTICLE VI
ALIMONY AND SUPPORT
The parties hereby wai e any and all right to receive payments on account of
spousal support, maintenance, Alimony Pendente Lite, Alimony, counsel fees or costs or
any other payments of a similar nature to which he or she, in the absence of this
Agreement, might be entitled by statute including rights arising pursuant to the Divorce
Code for 1980, as amended, or similar law of any jurisdiction which may be applicable
now or at any future time,
ARTICLE VI
CUSTODY
Husband and Wife shall share legal custody of the subject minor children,
Husband and Wife shall alternate physical custody of the minor children as the parties may
agree,
ARTICLE VII
COUNSEL FEES
7,1
Advice of Counsel. The provisions of this Agreement and their legal effect are
fully understood by the parties, The parties understand their legal rights and obligations,
Wife has been represented by Keith B. DeArmond, Esq. of Camp Hill, Pennsylvania.
Although Husband has been advised to obtain legal counsel, he has declined to do so as
far as any representation regarding the execution of this Agreement,
The parties acknowledge and accept that this Agreement is, in the circumstances,
fair and equitable, that it is being entered into freely and voluntarily, after having received
such advice and with such knowledge that execution of this Agreement is not the result of
any duress or undue influence and that it is not the result of any collusion or improper or
illegal agreement or agreements,
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7.2
Counsel Fees, The parties agree to be responsible for their respective costs and
attorneys fees associated with this action.
7.3
Mutual Release, Husband and Wife each do hereby mutually remise, release,
quitclaim and forever discharge the other and the estate of such other, for all times to
come and for all purposes whatsoever, of and from any and all rights, title and interest, or
claims in or against the property (including income and gain from property hereafter
accruing) of the other or against the estate of such other, of whatever nature and
wheresoever situate, which he or she now has or at any time hereafter against such other,
the estate of such other, or any part thereof, whether arising out of any former acts,
contacts, engagements, or liabilities of such other as by way of dower or curtesy, or claims
in the nature of dower or curtesy or widow's or widower's rights, family exemption, or
similar allowance, or under the interstate laws, or the right to take against the spouse's
estate whether arising under the laws of (a) Pennsylvania, (b) any state, commonwealth or
territory of the United States, or (c) any country, or any rights which either party may
have or at any time hereafter have for past, present or future support or maintenance,
alimony, alimony pendente lite, counsel fees, 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 thereof. It is the inttntion of Husband and Wife to give each other by
execution of this Agreement a full, complete and general release with respect to any and
all property of any kind or nature, real or personal, not mixed, which the other now owns
or may hereafter acquire, 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 thereof.
7.4
Release ofTestamentarv Claims, Except as provided for in this Agreement, each
of the parties hereto shall have the rights to dispose of his or her property by Last Will and
Testament, or otherwise, and each of them agrees that the estate of the other, whether
real, personal or mixed, shall be and belong to the person or persons who would have
become entitled hereto as if the decedent had been the last to die, This provision is
inteRded to constitute a mutual waiver by the parties of any rights to take against each
other's last Wills under the present or future laws of any jurisdiction whatsoever and is
intended to confer third party beneficiary rights upon the other heirs and beneficiaries of
each other party hereto. Either party may, however, make such provisions for the other as
he or she may desire in and by his or her Last Will and Testament. Each of the parties
further covenants and agrees that he or she will pennit any Will of the other to be
probated and allow administration upon his or her personal, real or mixed estate and
6
effects to be taken out by the person or persons who would have been entitled to do so
had Husband or Wife died during the lifetime of the other and that neither Husband nor
Wife will claim against or contest the Will and the estate of the other, Each of the parties
hereby releases, relinquishes and waives any and all rights to act as executor or executrix
or administrator or administratrix of the other party's estate. Each of the parties hereto
further covenants and agrees for himself and herself and his or her heirs, executors,
administrators and assigns, that he or she will never at any time hereafter sue the other
party or his or her heirs, executors, administrators, or assigns for the purpose of enforcing
any of the rights relinquished under this Paragraph.
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7,5
Warranties, Each party represents that they have not heretofore incurred or
contracted for any debt or liability or obligations for which the estate of the other party
may be responsible or the other party harmless from and against any and all such debts,
liabilities or obligations of each Husband and Wife each warrant, covenants, represent and
agree that each will, now at all times incurred by the other after the execution date of this
Agreement except as is otherwise specifically provided for by the tenns of this Agreement
and that neither of them hereafter incur any liability whatsoever for which the estate of the
other may be liable,
7.6
No waiver or modification of any of the terms of this Agreement 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 default of the same or similar
nature,
7.7
Husband and Wife covenant and agree that they will forthwith execute any and all
written instruments, assignments, releases, satisfactions, deeds, notes or such other
writings as may be necessary or desirable for the proper implementation of this
Agreement, and as their respective counsel shall mutually agree should be so executed in
order to carry fully and effectively the tenus of this Agreement
7.8
This Agreement shall be construed in accordance with the laws of the
Commonwealth of Pennsylvania which are in effect as of the date of execution of this
Agreement
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7.9
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This Agreement shall be binding and shall inure to the benefit of the parties hereto
and their respective heirs. executors, administrators, successors and assigns,
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7,10
This Agreement constitutes the entire understanding of the parties and supersedes
any and all prior agreements and negotiations between them, There are no representations
or warranties other than those expressly set forth herein,
7.11
Severabilitv, Ifany term, condition, clause section 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 Agreement shall be valid and continue in full force, effect and operation,
likewise, the failure of any party to meet his or her obligation under anyone or more of
the articles and sections shall in no way void or alter the remaining obligations of the
parties,
7,12
It is specifically understood and agreed thatlhis Agreement constitutes an
equitable distribution of property, both real and personal, which was legally and
beneficially acquired by Husband and Wife, or either of them, during the marriage as
contemplated by the Divorce Code of the Commonwealth of Pennsylvania.
7,13
Disclosure, The parties warrant and represent that they have made a full
disclosure of all assets prior to the execution of this Agreement,
7,14
Enforceabilitv and Consideration, This Agreement shall survive any action for
divorce and decree of divorce and shall forever be binding and conclusive on the parties,
and any independent action may be brought, either at law or in equity, to enforce the terms
of the Agreement by either Husband or Wife until it shall have been fully satisfied and
performed, The consideration for this contract and agreement is the mutual benefits to be
obtained by both of the parties hereto and the covenants and agreements of each of the
parties of the other, The adequacy of the consideration for all agreements herein
contained and stipulated is confessed and admitted by the parties, and the parties intend to
be legally bound hereby, In the event either party breaches the aforesaid Agreement and it
8
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IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
Rosemary Fair,
Plaintiff
No ((/- /13
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CIVIL ACTION - LAW
Jeffrey A, Fair,
Defendant
In Divorce
NOTICE TO DEFEND AND CLAIM RIGHTS
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 proceed without you and a decree of divorce or annulment 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 at the Cumberland County Courthouse, Carlisle, Pennsylvania.
IF YOU DO 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 RIGHT TO CLAIM ANY OF THEM,
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER A T ONCE, IF YOU
DO NOT HA VE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE
THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL
HELP.
COURT ADMINISTRATOR
CUMBERLAND COUNTY COURTHOUSE
CARLISLE, PA 17013
(717) 240-6200
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,
PENNSYLVANIA
Rosemary Fair,
PlaintilT
No,
1'1- n,3 ~ ~-'-
v.
CIVIL ACTION - LAW
JelTrey A, Fair,
Defendant
IN DIVORCE
COMPLAINT IN DIVORCE
I. The PlaintilT, Rosemary Fair, is an adult individual who currently resides at
115 May Drive, Apartment 6, Camp Hill, Cumberland County, Pennsylvania 17011.
2. The Defendant, JelTrey A. Fair, is an adult individual whose current address
is 1110 W. Powderhorn Road, Mechanicsburg, Pennsylvania 17055,
), PlaintilThas been a bona fide resident of the Commonwealth of
Pennsylvania for at least six months immediately prior to the filing of this Complaint.
4, The PlaiRtilfand the Defendant were married on April 15, 1978.
5, The parties separated on or about June, 1996,
6. Neither party has instituted any prior action of divorce or annulment with
regard to this marriage in this or any other jurisdiction.
7.
There are two children by this marriage,
8,
America,
Neither party is a member of the Armed Forces of the United States of
9,
The marriage is irretrievably broken,
10, The Plaintilfavers that she has been advised of the availability of
counseling and that she may have the right to request that the Court require the parties to
participate in counseling,
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