HomeMy WebLinkAbout97-00264
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TAMMI R. NOSS,
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO . (I '1- .J<.', rg...:..r., 77.. -~
CIVIL ACTION - EQUITY
Plaintiff
v.
DONALD A. NOSS,
Defendant
COMPLAINT
Plaintiff Tammi R. Noss, by her attorneys, Snelbaker,
Brenneman & Spare, P. C., files the within Complaint and in
support thereof states the following:
BACKGROUND
1. Plaintiff Tammi R. Noss is an adult individual residing
at 700 Nailor Drive, Apartment 108, Camp Hill, Cumberland County,
Pennsylvania.
2. Defendant Donald A. Noss is an adult individual residing
at 110 Hemlock Lane, Etters, York County, Pennsylvania.
J. On or about July 17, 1996 Plaintiff and Defendant
entered into a certain marital Agreement for purposes of, inter
alia, settling fully and finally their respective financial
property rights and obligations as between each other. A true
and correct copy of the parties' Marital Agreement dated July 17,
1996 is attached hereto and incorporated by reference herein as
LAW O~TICl!;
"Exhibit A".
SN[LOAK[R,
BRENNEMAN
8: Sr'ARt:
4. The parties' Marital Agreement was executed and entered
into by each of them in Cumberland County, Pennsylvania.
5. The parties hereto were divorced on July 24, 1996,
subsequent to entering into the Marital Agreement.
6. All pertinent conditions precedent have occurred or been
performed prior to Plaintiff initiating this action.
COUNT I.
Breach of Contract.
7. The averments of Paragraphs 1 through 6, inclusive, of
this Complaint are incorporated by reference herein.
8. During the course of the parties' marriage, Plaintiff
and Defendant incurred certain marital debt prior to separation
such as balances owed on accounts at Boscov's, Montgomery Ward
and Sears.
9. Pursuant to Paragraphs 7(b) and 10 of the Marital
Agreement, Defendant agreed to satisfy the Boscov's, Montgomery
Ward and Sears debts of the parties within three days after
payment of $500.00 from Plaintiff and the date of the signing of
the Marital Agreement. (See Exhibit A)
10. The parties signed the Marital Agreement July 17, 1996.
LAW OfnCl~
SNEUJAKER,
8RENN[MAN
8: SPARE
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II. Plaintiff paid Defendant $500.00 prior to July 17, 1996
from her uhnro of the proceeds of the sale of the parties' former
marital rouldenco located in New Cumberland.
12. Defendant has failed to satisfy the Boscov's and Sears
debts within threo days after payment of $500.00 from Plaintiff
and the dato of tho signing of the Marital Agreement.
13. Defendant's failure to satisfy and pay-off the Boscov's
and Soar's account debts in full in accordance with the terms of
tho Marital Agreement constitutes a material breach of the
Marital Agreement by Defendant.
14. As a direct factual, proximate and legal result of
Defondant'u branch of the Marital Agreement aforesaid, the
outstanding balances owed to Boscov's and Sears which were not
paid In full by Defendant appear on Plaintiff's credit report as
debts olther owed by her or for which she is liable.
WIIEREFORE, Plaintiff requests this Court to order and direct
Dofendant to immediately make payment in full on the Boscov's and
Sears accounts and/or provide Plaintiff with any other relief
which this Court deems just and proper under the circumstances.
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COUNT II.
Breach of Contract.
(In the alternative to Count I)
15. The averments of Paragraphs 1 through 14, inclusive, of
this Complaint are incorporated by reference herein in their
entirety.
16. Pursuant to Paragraph 9(E) of the Marital Agreement,
both parties agreed, inter alia, as follows:
A liability not disclosed in this Agreement will be the
sole responsibility of the party who has incurred or
may hereafter incur it, and such party agrees to pay it
as the same shall become due, and to indemnify and hold
the other party and his or her property harmless from
any and all such debts, obligations and liabilities.
17. In the event Defendant promptly satisfied and paid the
Boscov's and Sears account debts pursuant to the provisions of
Paragraph 7(b) and 10 of the Marital Agreement, Defendant has
thereafter incurred liabilities on those accounts for which
Plaintiff is liable and which Defendant has failed to pay when
same became due.
18. Defendant's failure to pay the liabilities on the
Boscov's and Sears accounts in the present amounts of $467.44 and
LAW OI'FICtfi
SNELDAKER.
BRENNEMAN
B: SPARe
$406.39, respectively, for which liabilities Plaintiff is
responsible, constitute a material breach of the Marital
Agreement.
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19. As a direct factual, proximate and legal result of
Defendant's breach of the Marital Agreement aforesaid, Plaintiff
is liable to both Boscov's and Sears in the amounts set forth in
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Paragraph 18, above and said debts appear on Plaintiff's credit
report as debts owed by her or for which she is liable.
WHEREFORE, Plaintiff requests this Court to order and direct
Defendant to immediately make payment in full on the Boscov's and
COUNT II I .
Sears accounts and/or provide Plaintiff with any other relief
which this Court deems just and proper under the circumstances.
Claim For Attorney's Fees.
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20. The averments of Paragraphs 1 through 19, inclusive, of
this Complaint are incorporated by reference herein in their
entirety.
21. Paragraph 20 of the parties' Marital Agreement provides
in relevant part:
lAW lHTICVi
Each party further hereby agrees to save and hold
harmless the other party from any and all attorneys'
fees, costs and legal expenses and ~xpenses that either
may sustain, or incur or become liable or answerable
for, in any way whatsoever, or shall pay upon, or in
consequence of, any default or breach by the other of
any of the terms or provisions of this Agreement by
reason of which either party shall or shall be obliged
to retain or engage counsel to initiate or maintain or
defend proceedings against the other at law or equity
or both or in any way whatsoever, provided that the
St..n:UlI\KER,
OnltjtlEMAN
8: Sr",?[
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party who seeks to recover such attorneys' fees, costs
and legal expenses and expenses must first be
successful in whole or in part, before there would be
any liability for attorneys' fees, costs, legal
expenses and expenses. It is the specific agreement
and intent of the parties that a breaching or
wrongdoing party shall bear the burden and obligation
of any and all costs and expenses and counsel fees
incurred by the other party in endeavoring to protect
and enforce his or her rights under this Agreement.
22. As a result of Defendant's breaches of the Marital
Agreement as set forth above, Plaintiff was obliged to retain and
engage counsel to initiate proceedings against Defendant to
enforce Plaintiff's rights under the Marital Agreement.
23. On December 30, 1996 Plaintiff retained and engaged the
services of Keith O. Brenneman, Esquire of Snelbaker, Brenneman &
Spare, P. C. to initiate and maintain proceedings to enforce
Plaintiff's rights at the reasonable hourly rate of $100.00 per
hour.
24. Plaintiff has incurred legal expenses and costs in
initiating this action against Defendant in excess of $250.00 and
will incur further legal expenses and costs in maintaining said
action.
25. Plaintiff claims from and against Defendant all of her
attorney's fees, legal expenses, expenses and costs incurred and
to be incurred by her in this action.
LAW (JFflCI:S
SNELOAKER.
BRENNEMAN
8: SPARr:
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VERIFICATION
I verify that the statements made in the foregoing Complaint
are true and correct. I understand that false statements herein
are made subject to the penalties of 18 Pa. C.S. 54904 relating
to unsworn falsification to authorities.
I verify that after reasonable investigation I am unable to
ascertain whether the averment in Paragraph 12 of the foregoing
Complaint is true or whether the averment in Paragraph 17 of the
foregoing Complaint is true as to whether Defendant promptly
satisfied and paid on the identified accounts; however, I have
knowledge or information sufficient to form a belief that one of
the foregoing averments is true.
I' I ~.. \.. I 1 ,........ ..
Tammi 'R. Noss
Date: Ji1\J',Il.<ty I ~, /917
LAW OFFICE9
SNELOAKER,
BRE:NNEMAN
a SPARr.
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MARITAL AGJU!lBMEH'l'
THIS AGREEMENT, made this I ~1.J.'u.. day ot July, 1996,
by and between Tammi R. Noss, party of the first part, hereina-
fter reterred to as "Wife", and Donald A. Noss, party of the
second part, hereinafter referred to as "Husband".
WITNESSETH:
WHEREAS, the parties hereto are husband and wite,
having been married on June 4, 1983; and
WHEREAS, the parties have children from the marriage,
namely Matthew A. Noss, O.O.B. 5/12/85, Brittney N. Noss, D.O.B.
6/8/87, and Ethan A. Noss, O.O.B. 12/27/91.
WHEREAS, certain differences have arisen by and between
the parties as a result of which they have now separated and
contemplate living separate and apart from one another, and the
parties hereto are desirous of settling fully and finally their
respective financial and property rights and obligations as
between each other including, without limitation by specifica-
tion: the settling of all matters between them relating to the
ownership and equitable distribution of real and personal pro-
perty; the settling of all matters between them relating to the
past, present and future support and/or maintenance of the
children; the settling of all matters between them relating to
the past, present and future support, alimony and/or maintenance
of Wife by Husband or of Husband by Wife; and in general, the
EXHIBIT A
settling at any and all claims and possible claims by one against
the other or against their respective estates.
WHEREAS, the parties being tully advised as to their
respective rights, duties and obligations growing out ot their
marital status, particularly with respect to the relevant sec-
tions ot the Divorce code, Act at April 2, 1980, P.L. 63, Act No.
26, as amended, 23 P.S. 3101 et sea., and being tully aware ot
their right to consult with or having consulted with their
respective legal counselor advisors, Michael L. Bangs, Esquire
Attorney tor Wite, and Andrew C. Sheely, Esquire, Attorney tor
Husband, and having had the opportunity and ability to request a
tull and complete disclosure of income and assets from the other,
and reviewing this Agreement, have come to an agreement as to
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each and all of their said matters of property and relations: and
WHEREAS, Husband has filed a No-fault complaint in
Divorce, said complaint being docketed in the cumberland County
Prothonotary's Office at No. 96 - 601.
NOW, THEREFORE, in consideration of the above recitals
and the mutual covenants hereinafter set forth, each of the
parties hereto intending to be legally bound hereby by affixing
their hands and seals agree as follows:
1. ADVICE OF COUNSEL
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Husband and Wife acknowledge that they have been given
the opportunity to obtain the advice ot counsel regarding the
provisions ot this Agreement and their legal ettect in advance ot
the date set forth above to permit such independent review. Each
party acknowledges that he or she has had the opportunity to
receive independent legal advice from counsel trom his or her
selection, and that each fully understands the facts and has been
fully informed as to his her or her legal rights and obligations,
and each party acknowledges and accepts that this Agreement is,
and the circumstances, fair and equitable, after having the
opportunity to receive such advice and with such knowledge, and
that execution of this Agreement is not the result of any im-
proper or illegal agreement or agreements. In addition, each
party hereto acknowledges that he or she has had the opportunity
to be fully advised by his or her respective attorney of the
impact of the Pennsylvania Divorce Code, whereby the court has
the right and duty to determine all marital rights of the parties
including divorce, alimony, alimony pendente lite, equitable
distribution of all marital property or property owned or pos-
sessed individually by the other, counsel fees and costs of
litigation and, fully knowing the same and having the opportunity
to be fully advised if his or her rights thereunder, each party
hereto still desires to execute this Agreement, acknowledging
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that the terms and conditions set torth therein are tair, just
and equitable to each ot the parties, and waives his and her
respective right to have the Court ot Common Pleas ot CUmberland
County, or any other court ot competent jurisdiction, make any
determination or order ettecting the respective parties rights to
a divorce, alimony, alimony pendente lite, equitabld distribution
ot all marital property, counsel tees and costs ot litigation.
2. SEPARATION
It shall be lawful for each party at all times
hereafter to live separate and apart from each other in such
place or places as he or she may choose or deem tit.
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3. INTERFERENCE
Each party shall be tree trom interterence, authority
and control, direct or indirect, by the other as tully as it he
or she were single and unmarried. Neither shall molest the other
or compel or endeavor to compel the other to cohabitate or dwell
with him or her, or to in any way harass or malign the other.
4. WAIVER OF CLAIMS AGAINST ESTATES
Except as otherwise provided herein, Husband relin-
quishes his inchoate intestate right and his right to act as a
personal representative in the estate of Wife, and Wite relin-
quishes her inchoate intestate right and her right to act as a
personal representative in the estate of Husband. Each of the
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parties hereto by their presents, tor himself or herself, his or
her heirs, executors, administrators or assigns, does remise,
release, quit-claim and forever discharge the other party hereto,
his or her heirs, executors, administrators or assigns or any of
them, ot any and all claims, demands, damages, actions, causes of
actions, suits, at law or equity, ot whatsoever kind or nature,
tor or because of any matter or thing omitted or sutfered to be
done by said other party prior to and including the date hereof,
except that this release shall in no way exonerate or discharge
either party hereto from the obligations and promises made and
imposed by reason ot this Agreement and shall in no way attect
any cause of action in absolute divorce which either party may
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have against each other.
5. MARITAL PROPERTY
The parties hereto acknowledge that during their
marriage they have acquired, individually or jointly, various
assets and property, including the following:
(A) Marital residence located at 1714 Locust street,
New cumberland, cumberland County, Pennsylvania; and
(B) 1986 Mazda B-2000 (sold by wife); and
(C) 1989 Dodge Van caravan
(C) increase in value of non-marital property located
at 392 N. 19th street, Camp Hill, PA 17011; and
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(D) Misc. personal property and marital debt.
Husband and Wite acknowledge that they are aware of their
respective rights pursuant to the Divorce Code of 1980, as
amended, to obtain tormal valuations or appraisals of the marital
residence, any and all pensions, and other items ot marital pro-
perty. However, the parties agree that they will not undertake
this expense and acknowledge that no tinancial disclosures are
attached to this agreement as separate exhibits or schedules. The
parties hereby waive any necessity for completing or attaChing
any tinancial disclosure(s). Each party turther acknowledges the
opportunity to attach a full and complete financial disclosure
and that such disclosure is not desired to effectuate a fair and
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equitable resolution ot their marital rights, duties and obliga-
tions as provided in the Divorce Code ot 1980, as amended.
6. PERSONAL PROPERTY
The parties hereto mutually agree that they have
effected a satisfactory division of the furniture, motor
vehicles, household furnishings, appliances and other household
personal property between them, and they mutually agree that each
party shall trom and after the date hereof be the sole and
separate owner of all such tangible personal property presently
in his or her possession, whether said property is heretofore
owned jointly or individually by the parties hereto, and this
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Agreement shall have the eftect of an assignment or bill ot sale
from each party to the other for such property as may be in the
individual possessions ot each ot the parties hereto.
Further, the parties hereto have divided between
themselves, to their mutual satisfaction, all items ot tangible
and intangible marital property. Neither party shall make any
claim to any such items of marital property, or ot the separate
personal property of either party, which are now in the posses-
sion and/or under the control of the other.
From and after the date of the signing ot this Agree-
ment both parties shall have complete freedom of disposition as
to their separate property which is in their possession or
control pursuant to this Agreement and may mortgage, sell, grant,
conveyor otherwise encumber or dispose ot such property, whether
real or personal, whether such property was acquired betore,
during or after marriage, and neither Husband nor Wife need join
in, consent to, or acknowledge any deed, mortgage, or other
instrument of the other pertaining to such disposition ot
property.
7. REAL ESTATE
Husband and Wife have sold the marital residence and
real estate located at 1714 Locust street, New CUmberland,
CUmberland County, Pennsylvania, and have received net proceeds
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trom such sale in the amount of $22,215.36. Husband and Wite ack-
nowledge and agree that the proceeds from the sale of the marital
residence and real estate shall be distributed as follows:
(a) All proceeds shall be divided equally between
Husband and Wite, with each party receiving an amount of
$11,107.68; and
~ Wife shall pay husband an amount ot $500.00 tram
h~e of the proceeds tor a portion ot credit card debt
attributable to marital debt as set forth in paragraph 10
below, specitically the Montgomery Ward, Sears and Boscov
Accounts, and Husband shall pay-otf those marital debts in
full within three (J) day a after receipt of this payment and
signing this Agreement; and;
(c) Wife shall pay an amount ot $2,500.00 from her
share ot the proceeds to Husband to reimburse his parents,
Wayne and Donna Noss, of Camp Hill, Pennsylvania, tor the
purpose ot repaying a loan provided to Wife associated with
payment of an inheritance tax on real, non-marital property
acquired by Wife during marriage.
(d) Husband and Wife further acknowledge and agree
that the sale of the marital residence may result in a
capital gains tax associated with distribution of proceeds
from such sale of real property. Each party has been
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advised ot their right to review this matter with an accoun-
tant prior to signing this Agreement. Husband and Wite agree
that Husband shall assume liability tor any and all capital
gains taxes which may be assessed hereatter as the result ot
a sale ot the above described real estate, provided Husband
is eligible tor or qualities for an exemption trom payment
ot such taxes in accordance with law. In the event Husband
is unable to or does not quality tor an exemption, it is
turther agreed between the parties that they shall satisty
their respective liabilities, at their respective options,
by paying any taxes due based upon the amount received in
subparagraph (a) above. In the event tinancial information
is needed to pay such tax, if any, or to qualify for such
exemption tor reporting purposes, the parties shall provide
such information upon reasonable request.
Husband further relinquishes and waives any legal or
equitable interest which he may have acquired in the non-marital
property located at 392 N. 19th street, Camp Hill, PA 17011, as
more specificallY recorded in Deed Book "0", Volume 29, page 884,
in the office of the Recorder of Deeds of CUmberland County.
8. MOTOR VEHICLES
Wife shall assume sole possession ot the 1986 Mazda B-
2000, or the proceeds thereof, and Husband shall assume sole
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possession ot the 1989 Dodge Van Caravan and hold Wite harmless
trom any liability associated with a loan on such vehicle, it
any. The parties hereto agree that titles to the motor vehicles
shall be transterred within thirty (30) days trom the date ot
this Agreement to the party receiving title, it applicable.
9. MISCELLANEOUS
(A) The parties hereto acknowledge and agree that any
and all savings and checking accounts, as well as certificates of
deposit, owned by them jointly or singly, have been divided to
their mutual and individual satisfaction.
(B) Neither party hereto shall make a claim upon the
other tor accumulated pension, profit-sharing, retirement sup-
port, retirement benefits, insurance policies, IRA'S, or any
retirement-related benetits.
(C) The parties hereto acknowledge and agree that any
and all life insurance policies owned by them jointly or singly
have been divided to their mutual and individual satisfaction.
Each party hereto acknowledges that they have in their sole
posseBsion those policy or pOlicies of lite insurance which they
intend to keep and retain as their sole and exclusive property
and, turther, each party shall have the right to designate the
beneficiaries of said policies.
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(D) The division of existing marital property is not,
except as otherwise expressly provided herein, intended by the
parties to constitute in any way, a sale or exchange ot assets
and the division is being atfected without the introduction of
outside funds or other property not constituting a part of the
marital estate. As a part of an equitable division of the
marital properties and the marital settlement herein contained,
the parties hereto agree to save and hold each other harmless
trom all income taxes assessed against the other resulting trom
the division of the property as herein provided.
(E) Each party represents and warrants to the other
that he or she has not incurred any debt, obligation or other
liability, other than those described in this Agreement, on which
the other party is or may be liable. A liability not disclosed
in this Agreement will be the sole responsibility of the party
who has incurred or may hereafter incur it, and such party agrees
to pay it as the same shall become due, and to indemnify and hold
the other party and his or her property harmless from any and all
such debts, obligations and liabilities.
(F) Each party represents and warrants to'the other
that each shall file separate income tax returns for tax year
1996 and thereafter. Information maintained by one party which
is necessary to complete any subsequent inc~me tax return by the
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other party shall not be unreasonably withheld upon the request
ot either party.
10. DEBTS OF HUSBAND AND WIFE
Husband and wite acknowledge have incurred various
marital, (joint and separate) debts prior to .eparation. Pre-
sently, Husband and Wite remain indebted to the tollowing persons
or entities in the tollowing approximate amounts:
liAU
Amount ot Debt
A.
B.
C.
Boscov's
Montgomery Ward
Sears
$467.44
$406.39
$138.00
Total
Sl. 011. 83
As set torth above, upon payment of an amount ot
$500.00 to Husband trom wife, Husband shall satisty these debts
within three (3) days atter payment ot the $500.00 and the date
of the signing ot this Marital Agreement.
11. ALIMONY. SUPPORT AND MAINTENANCE
Both parties acknowledge and agree that the provisions
ot this Agreement providing for equitable distribution of marital
property are fair, adequate and satisfactory to them and are
accepted by them in lieu of and in full and final satistaction ot
any claims or demands that either may now or hereafter have
against the other for support, maintenance or alimony. Husband
and wife further, voluntarily and intelligently, waive and
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relinquish any right to seek trom the other any payment tor
support, alimony and maintenance and, turther, waive and relin-
quish any rights to division of property, other than provided in
this Agreement and, tinally, waive any rights to alimony pendente
lite, counsel tees and court costs.
Husband and wite both agree that they have been
respectively advised and are aware of the contents ot the
provisions of the Divorce Code, as amended, in Pennsylvania,
wherein considerations are set torth in determining an
appropriate amount, if any, to be paid in the torm of alimony.
After being tully advised of the contents of the Divorce Code, as
amended, both parties voluntarily and intelligently waive and
relinquish any right to seek trom the other payment tor support,
alimony and maintenance.
12. SUPPORT FOR CHILDREN
The parties hereto acknowledge that all issues concern-
ing the support of the minor children are presently resolved.
Both parties turther acknowledge and understand that either
party, or their children, may pursue an action for child support
against either parent, if necessary.
1J. CUSTODY
Husband and Wife acknowledge that all issues involving
custody and temporary custody and visitation with respect to the
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minor children, have been resolved in accordance with a general
agreement dated January 30, 1995 which generally states that both
parties shall have legal custody and that Husband shall have
primary physical custody ot the children. Nothing in this
Marital Agreement, however, shall prevent either party from
pursing a custody action in any Court with appropriate juris-
diction, it necessary or desired in the future.
14. MUTUAL RELEASE
Subject to the provisions ot this Agreement, each party
waives his or her right to alimony and further distribution of
property inasmuch as the parties hereto agree that this Agreement
provides tor an equitable distribution of their marital property
in accordance with the Divorce Code, as amended. Subject to the
provisions of this Agreement, each party has released and dis-
charged and by this Agreement does for himselt or herselt, and
his or her heirs, legal representatives, executors,
administrators and assigns, release and discharge the other ot
and from all causes of action, claims, rights or demands what-
soever in law or equity, which either ot the parties ever had or
now has against the other, except any or all cause or causes of
action for divorce or except in any or all causes ot action tor
breach of any provisions of this Agreement. Each party also
waives their right to request marital counseling pursuant to
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section 3302 of the Divorce Code.
15. SUBSEOUENT DIVORCE
A decree in divorce entered by a court ot competent
jurisdiction to either party shall not suspend, supersede or
attect the terms ot this Agreement. Both partie. agree, if
requested, to enter a Consent Order or orders concerning the
provisions of this Agreement in the Court of Common Pleas ot
cumberland county, Pennsylvania, or any other Court ot competent
juriodiction, as a part ot a resolution ot any divorce action
tiled or to be tiled. This Agreement, and the terms and
conditions contained herein, as well as the enforcement ot said
terms and conditions, shall be contingent upon the granting of a
Divorce Decree to either party by the Court ot Common Pleas ot
cumberland County, Pennsylvania, or any other Court ot competent
jurisdiction. Furthermore, both parties hereto agree, if
requested, to execute the appropriate attidavits and consents to
secure a No-tault Divorce as may be required by the Divorce Code,
as amended. Both parties hereto agree that this Agreement may be
incorporated into a separate Court Order but shall not merge in
such order.
16. ENTIRE AGREEMENT
This Agreement contains the entire understanding of the
parties and there are no representations, warranties, covenants
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or undertakings other than those expressly set torth herein.
Husband and wite acknowledge and agree that the provisions ot
this Agreement with respect to the distribution and division ot
marital and separate property are fair, equitable and
satistactory to them based on the length ot their marriage and
other relevant tactors which have been taken into consideration
by the parties. Both parties hereby accept the provisions ot
this Agreement with respect to the division ot property in lieu
of and in full and final settlement and satistaction ot all
claims and demands that they may now have or hereatter have
against the other tor equitable distribution of their property by
any court of competent jurisdiction pursuant to Section 3502 of
the Divorce code or any amendments thereto. Husband and wite
each voluntarily and intelligently waive and relinquish any right
to seek a court ordered determination and distribution ot marital
property, but nothing herein contained shall constitute a waiver
by either party of any rights to seek the relief of any court for
the purpose of enforcing the provisions ot this Agreement.
17. vornNTARY EXECUTION
The provisions of this Agreement and their legal effect
have been fully explained to the parties by their respective
counsel, and each party acknowledges that the Agreement is fair
and equitable, that it is being entered into voluntarily, with
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tull knowledge ot the assets ot both parties, and that it is not
the result ot any duress or undue inrluence. The parties
acknowledge that they have been rurnished with all inrormation
relating to the tinancial artairs or the other which has been
requested by each ot theu or by their respective counsel.
18. ADDITIONAL INSTRUMENTS
Husband and Wite shall rrom time to time at the request
ot the other, execute, acknowledge and deliver to the other party
any and all turther instruments that may be reasonably required
to give tull torce to the conditions or this Agreement.
19. MODIFICATION AND WAIVER
Any modirication or waiver ot any or the provisions of
this Agreement shall be ettective only it made in writing and
executed with the same ror.mality as this Agreement. The railure
ot either party to insist upon strict performance ot any ot the
provisions of this Agreement shall not be construed as a waiver
of any subsequent default of the same or similar nature. The
waiver of any term, condition, clause or provision of this
Agreement shall in no way be deemed or construed as a waiver ot
any other term, condition, clause or provision of this Agreement.
20. BREACH
If either party hereto breaches any provision of this
Agreement, the other party shall have the right, at his or her
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election, to sue tor such breach, or seek other remedies or
relief as may be available to him or her. Both parties agree and
are aware that non-compliance with any provision ot this Agree-
ment permits either party to pursue appropriate legal remedies,
including sanctions as set torth in 23 Pa. C.B.A. 53105.
Each party further hereby agrees to save and hold
harmless the other party from any and all attorneys' tees, costs
and legal expenses and expenses that either may sustain, or incur
or become liable or answerable tor, in any way whatsoever, or
shall pay upon, or in consequence ot, any detault or breach by
the other of any of the terms or provisions ot this Agreement by
reason ot which either party shall or shall be obliged to retain
or engage counsel to initiate or maintain or defend proceedings
against the other at law or equity or both or in any way what-
soever, provided that the party who seeks to recover such
attorneys' tees, costs and legal expenses and expenses must tirst
be successful in whole or in part, before there would be any
liability for attorneys' fees, costs, legal expenses and
expenses. It is the specific agreement and intent ot the parties
that a breaching or wrongdoing party shall bear the burden and
obligation of any and all costs and expenses and counsel fees
incurred by the other party in endeavoring to protect and enforce
his or her rights under this Agreement.
18
. '
All remedies provided by law and all remedies provided
tor in this Aqreement tor entorcement ot the Aqreement shall be
deemed to be cumulative and the exercise ot one remedy shall not
bar or prevent the pursuit ot any other remedy and either party
may elect to pursue such remedies simultaneously and the exercise
ot a remedy one or more times shall not exhaust its use or
prevent turther pursuit of such remedy.
21. DESCRIPTIVE HEADINGS
The descriptive headinqs used herein are tor
convenience only. They shall not have any etfect whatsoever in
determininq the riqhts or obliqations of the parties.
22. INDEPENDENT SEPARATE COVENANTS
It is specitically understood and aqreed by and between
the parties hereto that each paragraph hereot shall be deemed to
be a separate and independent covenant and agreement.
23. APPLICABLE LAW
This Agreement shall be construed under the laws of the
commonwealth ot Pennsylvania. For contract interpretation
parties, this Agreement was prepared by both parties.
24. VOID CLAUSES
If any term, conditions, 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
19
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COMMONWEALTH OF PENNSYLVANIA
.
.
: SSe
.
. ~
On this, the j 141A. day ot 0u...l"r , 1996, before
me, the undersigned oftlcer, personallY app.a~.d Tammi R. Noss,
known to me (or satisfactorily proven) to be the person whose
name is subscribed to the within instrument and acknowledged that
she executed the same for the purposes therein oontained.
COUNTY OF CUMBERLAND
IN WITNESS WHEREOF, I hereunto set my hand and otticial
seal.
LllL \UL ~ (ruili1n.-
~otary Public
My commission Bxpires:
NOTMIAI. IIAI.
:::n s. CIfISIIO, HolGry Pubr.
AIM Twp" c....blOlaod'Co. 'A
IIrr CMmhoIan &pl.... MIq 10. 1m
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF CUMBERLAND
.
.
: SSe
.
.
On this, the 17-#J, day ot J...b, , 1996, betore
me, the undersigned otficer, personally appeared Donald A. Noss,
known to me (or satisfactorily provon) to be the person whose
name is subscribed to the within instrument and acknowledged that
he executed the same for the purposes therein contained.
IN WITNESS WHEREOF, I hereunto set my hand and ofticial
seal.
C),'" E..~
~ Notary Public
My commission Expires:
Nolarial Seal I
Joan E. Brothers, Nowy Public
Shlremanl1OWl1 Bora, Cumberiancl County I
My CommisSIOn Exptres Feb, 12. 199~ :
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