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IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,
PENNSYLVANIA
CIVIL ACTION - LAW
Linda G, Victor,
No. 97-930 Civil
Plaintiff
v,
John V, Victor,
Defendant
IN DIVORCE
SEPARATION AND PROPERTY SETILEMENT AGREEMENT
This Agreement made this 3(}J> day of ~997, by and between John
A. Victor of Cumberland County, Pennsylvania, party of the first part, hereinafter referred
to as "Husband"; and Linda G, Victor of Cumberland County, Pennsylvania, party of the
second party, hereinafter referred to as "Wife",
WITNESSETH:
WHEREAS, Husband and Wife were married on August 8, 1970 in Luzerne
County, Pennsylvania,
. WHEREAS, there are two children born ofthisp Jeffiey A. Victor, born
~ ~ 1 / tj;; c, ; and Marc A. Victor, born I ~ I a;; ~
) , , ,LL-(J-'
WHEREAS, Husband and Wife are residents of the Commonwealth of
Pennsylvania and have been so for at least the past six months;
WHEREAS, certain differences have arisen between the parties hereto and as a
consequence, they have lived separate and apart since March 8, 1997,
WHEREAS, Husband and wife desire to settle and determine certain of their
marital rights and obligations. and make an equitable distribution of their marital property,
determine their rights to alimony, support and other matters which may be considered
under the Divorce Code; and
WHEREAS, it is the intention and purpose of this Agreement to set forth the
respective rights and duties of the parties while they continue to live apart rrom each other
and to settle all financial and property rights between them; and
t
r
WHEREAS, the parties hereto have mutually entered into an agreement of the
division of their jointly owned assets, the provision for the liabilities they owe, and
provision for the resolution of their mutual differences, after 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,
NOW, THEREFORE, the parties hereto in consideration of the mutually made and
to be kept promises set forth hereinafter and for other good and valuable consideration,
and intending to be legally bound and to legally bind their heirs, successors, assigns and
personal representatives, do hereby covenant, promise and agree as follows:
ARTICLE I
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 at 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 of the lawfulness of the
causes leading to them living separate and part,
ARTICLE II
DIVORCE
2.1
This agreement is not predicated on divorce, It is specifically understoDd 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 representatiDn is made for the
specific purpose of inducing 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
2
and Wife do each hereby warrant, covenant and agree that, in any possible event, he and
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 97-930, 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 remarry, 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 not 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
EOUlTABLE DISTRIBUTION OF MARITAL PROPERTY
3.1
The parties have attempted to divide their marital property in a manner which
conforms to the criteria set forth in Section 3502 of the Pennsylvania Divorce Code and
taking into account the following considerations: the length of the marriage, the prior
marriages of the parties, the age, health, station, amount of sources of income, 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
preservation, depreciation. or appreciation of marital property, including the contribution
ofa party as a homemaker. the value of the property set apart to each party, the standard
of living of the parties established during their marriage, the economic circumstances of
each party, including federal, state and local tax ramificatiDns, at the time of the division of
the property is to become effective,
3.:Z
The division of existing marital property is not intended by the parties to constitute
in any way a sale or exchange of assets, The division of property under this Agreement
shall be in full satisfaction ofall rights of equitable distribution of the parties,
3.3
Tangible Personal Property, The parties acknowledge that they have divided their
tangible personal property to thdr mutual satisfaction, Husband waives all right, title and
interest in all tangible personal property currently in the possession of Wife, Wife waives
all right, title and interest in all tangible personal property currently in the possession of
Husband,
3.4
Motor Vehicles, Husband agrees to transfer all right, title and interest in the 1997
Honda Passport automobile to Wife.
3.5
Pension, Husband and Wife hereby agree to forever waive any and all claims
against the other for any interest in their respective pensions, retirement benefits, deferred
compensation plans, IRA accounts, annuities, disability benefits and/or vacation pay.
ARTICLE IV
REAL ESTATE
The parties acknowledge that they are joint owners of certain real property,
commonly known as III Nillany Drive, Mechanicsburg. Cumberland County.
Pennsylvania, Wife agrees to transfer all right. title and interest in said real estate, In
consideration of the transfer of Wife's interest of said real estate Husband agrees to pay
unto Wife the sum of$20,000,00,
"
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 inlluence and that it is not the result of any collusion or improper or
illegal agreement or agreements,
8.2
Counsel Fees, The parties agree to be responsible for their respective costs and
attorneys fees assDciated with this action,
8.3
Mutual Release, Husband aud 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 intention 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.
8.4
Release ofTestamenta'Y 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
intended 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 permit any Will of the other to be
probated and allow administration upon his or her personal, real or mixed estate and
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,
8.5
Warranties, Each party represents that they have not heretofore incurred or
contracted for any debt or liability or obligations fDr 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, nDW at all times incurred by the other after the execution date of this
Agreement except as is otherwise specifically provided for by the terms of this Agreement
and that neither of them hereafter incur any liability whatsoever for which the estate of the
other may be liable,
8.6
No waiver or mDdification Dfany 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,
8.7
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 terms of this Agreement.
7
8,8
This Agreement shall be construed in accordance with the laws of the
Commonwealth of Pennsylvania which are in elTect as of the date of execution of this
Agreement.
8.9
This Agreement shall be binding and shall inure to the benefit of the parties hereto
and their respective heirs, executors, administrators, successors and assigns,
8.10
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,
8.11
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, elTect 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,
8.U
It is specifically understood and agreed that this Agreement constitutes an
equitable distribution of property, both real and personal, which was legally and
beneficially acquired by Husband and Wife, Dr either of them, during the marriage as
cDntemplated by the Divorce Code of the Commonwealth of Pennsylvania,
8.13
Disclosure, The parties warrant and represent that they have made a full
disclosure of all assets prior to the execution of this Agreement.
8.14
Enforceability and Consideration. This Agreement shall survive any action for
divorce and decree of divorce and shall forever be binding and conclusive on the parties,
H
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IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY. PENNSYLVANIA
CIVIL ACTION . LAW
LINDA G, VICTOR.
NO. 97-930 Ci\il
Plaintiff
v,
JOHN V, VICTOR.
Defendant
IN DIVORCE
PRAECIPE TO TRANSMIT RECORD
TO THE PROTHONOTARY:
Transmit the record, together with the fOllo"ing information. to the Court for cntry of a di\'OrtC
decree:
L
Code.
2.
maiL
3,
Ground for divortC: lm:triC\':lble brcakdcmn under Section 3301(e) of the DivortC
Date and maMer ofsel\iceofthe Complaint: February 22, 1997, \ia Unhed Stalet
Acceptancc of Service filed "lth Prothonotary Office: with tbls filing.
a) Dale of execution of the affida\lt of consent required b)' Section 330I(e) of thc
DivortC Code: by Plaintiff: May 30, 1997; by the Defendant: May 28. 1997.
b) Date of execution of Plaintiffs Affida\lt required by Section 330 I(d) of the Divorce
Code:
and dale of service of Plaintiffs Affidavit upon the Defendant:
4. Relatc claims peoding: There are no related claims pendln!:.
5. Dale and manner of Sel\lce of Notice of Intention to file Praecipe to Transmit record, a
copy ofwhieh is attached ifthc decree is to be entered under section 3301(d) ofthc Divorce Code:
6, Datc and manner of Sel\lce of Notice of Intention to filc Praecipe to Transmit record. a
copy of which isattachcd. if the decrce is to be entered under Section 3301(c) of the Divorce Code: or
dale of cxecution of Wah'Cr of Notice of Intent: by Plaintiff: May 30, 1997; by Defendant: May 28,
1997; and date of filing of waivers : by Plaintiff: June 9, 1997, by Defendant: June 9, 1997.
,WE.<
Attorney for Plaintiff
DeArmond & DeArmond
2800 Market Street
Camp Hill. PA 17011
717-730.9394
Supreme Ct. I.D, No, 58878
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