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HomeMy WebLinkAbout97-01279 li7 > '" '. ./" ... , - :) '.. 'V Q-... t' "'I ) " I f"- ~ si < financial and property rights and obligations as between each other, including, without limitation by specification: the settling of all matters between them relating to the ownership of real and personal property; and in general, the settling of any and all claims and possible claims by one against the other or against their respective estate, particularly those responsibilities anq rights growing out of the marriage relationship, inter alia past, present or future spousal support or maintenance, alimony pendente li te, alimony, counsel fees and expenses, and equitable distribution, whether or not the parties reside together; and WHEREAS, the parties have made full disclosure to each other of their assets and liabilities and have agreed on a settlement of all property rights and differences existing between them; and WHEREAS, the parties intend this Agreement to be a full and complete Marriage Settlement Agreement, providing for the absolute and final settlement of all their respective marital and property and all other claims. 2 NOW, THEREFORE, in consideration of the premises and of the promises, covenants and undertakings hereinafter set forth and for other good and valuable consideration, the 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. SEPARATION. It shall be lawful for each party, at all times hereinafter, to live separate and apart from the other, at such place or places as he or she may, from time to time, choose or deem fit. Each party shall be free from interference, authority or control by the other, as full as if he or she were single and unmarried, except as may be necessary to carry out the provisions of this Agreement. Neither party shall molest the other or attempt to endeavor to molest the other, nor compel the other to cohabit with the other, or in any way harass or malign the other, nor in any way interfere with the peaceful existence, separate and apart from the other, The foregoing provision shall not be an admission on the part of either party of the lawfulness or unlawfulness of the causes leading to their separation. 3 A reconciliation will not void the provisions of this agreement. Should a decree, jUdgment or order of separation or divorce be obtained by either of the parties in this or any other state, country or juriSdiction, each of the parties hereby consents and agrees that this Agreement and all of its covenants shall not be affected in any way by any such separation or divorce; and that nothing in any such decree, judgment, order or further modification or revision thereof shall alter, amend or vary any term or this Agreement, whether or not either or both of the parties shall remarry, it being understood by and between the parties hereto that this Agreement shall be incorporated in but shall not be merged into and decree, jUdgment, or order of divorce or separation. It is specifically agreed, however, that a copy of this Agreement or the substance of the provisions thereof, may be incorporated by reference into any divorce, judgment or decree. This incorporation, however, shall not be regarded as a merger, it being the specific intent of the parties to permit this Agreement to survive any jUdgment and to be forever binding and conclusive upon the parties. 4 2. EFFECTIVE DATE. The effective date of this Agreement shall be the "date of execution", defined as the date upon which it is executed by the parties if they have each executed the Agreement on the same date. Other wise, the "date of execution" or "execution date" of this Agreement shall be defined as the date of execution by the party last executing this Agreement. Transfer of property, funds and/or documents shall occur on the effective date unless otherwise specified herein. 3. AGREEMENT NOT A BAR TO DIVORCE. This Agreement shall not be considered to affect or bar the right of either party to a divorce on lawful grounds as may be now or hereafter available to either party, This Agreement is not intended to be and shall not be a condonation on the part of either party of any act or acts of either party hereto. Both parties hereto agree that the marriage is irretrievably broken and agree at the time of execution hereof to execute any and all affidavits or other documents necessary for the parties to obtain an absolute divorce pursuant to Section 3301(c) of the Divorce Code. Each party waives the right to request Court ordered counseling. 5 4. DEBTS AND OBLIGATIONS. Each party hereto represents and warrants that he or she has not, and in the future will not, contract or incur any debt, obligation or liability for which the other party or his or her estate may be responsible or liable, except as provided for in this Agreement. Each party hereto agrees to be solely responsible for the prompt and timely payment of the debts now or hereafter incurred in his or her name and specifically any debts secured by any automobile, motor vehicle or other property distributed to her or him hereunder. Each party hereto agrees to indemnify and hold harmless the other from any and all claims, debts, obligations or demands made against him or her by reason of debts or obligations incurred by him or her or identified to be paid by him or her in this Agreement. Husband agrees that Wife is discharged from all debts and obligations listed in her bankruptcy petition, to the extent of husband's rights and interests, and agrees to release, indemnify and hold her harmless from any claim or cause of action that he may otherwise have. Wife agrees that Husband is discharged from all debts and obligations listed in his 6 bankruptcy petition, to the extent of wife's rights and interests, and agrees to release, indemnify and hold him harmless from any claim or cause of action that she may otherwise have. 5. MUTUAL RELEASES. Husband and Wife hereby mutually remise, release, quitclaim and forever discharge the other and the estate of such other, for all time to come, and for all purposes whatsoever, from any and all rights, title and interest, or claims in or against the estate of such other, or whatever nature and wherever situate, which he or she not has or at any time hereafter may have against such other, the estate of such other or any part thereof, whether arising out of any former acts, contracts, engagements or liabilities or such other or by way of dower or curtesy, of claims in the nature of dower or curtesy, or 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 right to treat a lifetime conveyance by the other as testamentary or all other rights of a surviving spouse to participate in a deceased spouse's 7 estate, whether arising under the laws of Pennsylvania, any state, commonwealth or territory of the United States, or any other country; or any rights which either party may now 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 the Agreement or for the breach of any provision thereof. It is the intention of Husband and wife to give to each other by the execution of this Agreement a full, complete and general release with respect to any and all property of any kind or nature, real, personal or 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 provision thereof. It is further agreed by each party that this Agreement constitutes a full and final resolution and settlement of all claims of any kind, and especially and claims arising under the Pennsylvania Divorce Code, which either party may have against the other. 8 6. DIVISION OF HOUSEHOLD AND PERSONAL PROPERTY. A. The china set and the tool set shall become the sole property of Husband, and Wife shall release any interest and claim that she may have in them. B. The dog shall become the sole property of Wife, and Husband shall release any interest and claim that he may have in it, and agrees to execute any registration or certificate of change of ownership or registration as required. C, The parties agree to transfer the above mentioned items of personal property and execute the AKC registration for the dog, and execute the transfer of title for the motor vehicles within fifteen (15) days of the execution date of this agreement, such transfer to take place at the West Shore Teachers Federal Credit Union. Excepting the items mentioned in the above A. and B. and C. and motor vehicles, the parties hereto agree that they have effected a mutually satisfactory division of the furniture, household furnishings, appliances and other personal property between them and neither party will make any claim to any personal property now in the possession or 9 control of the other except as herein provided, Husband hereby releases and relinquishes any right, title or interest he may have had in the past or now has in the property in Wife's possession. Wife agrees that Husband shall, from and after the date hereof, be the sole and separate owner of possession, Wife all personal property in Husband's hereby releases and relinquishes any right, title or interest she may have had in the past or now has in the property in Husband's possession. Husband agrees that Wife shall, from and after the date hereof, be the sole and separate owner of all personal property in Wife's possession. 7. PENSIONS AND RETIREMENT ACCOUNTS. The parties hereto waive any and all interest or claims which either may have in any individual retirement accounts, Keogh accounts, existing pensions or similar accounts of the other, including any retirement type accounts of Wife arising from her employment, and any retirement type accounts of Husband arising from his employment. 10 8. ALIMONY. Each party waives, releases and gives up any claim, now or in the future, for any spousal support, alimony, alimony pendente lite, or maintenance from the other. 9 . BANlt ACCOUNTS. HUSBAND and WIFE each acknowledge that they each own or possess certain bank accounts and similar accounts of financial instruments in their respective names. They hereby agree that each shall become sole owner of their respective accounts for financial instruments and each hereby waives any interest in or claim to any funds, instruments or accounts held by the other in such instruments or accounts. 10. MOTOR VEHICLES. Wi th respect to motor vehicles owned by HUSBAND and WIFE, both of the parties agree as follows: The 1995 Plymouth Neon shall be and remain the sole and exclusive property of Wife; Each party shall be solely responsible for any debt secured by any vehicle listed as his or her property. Each party shall be solely responsible for any insurance and any II other costs, including license, for each motor vehicle listed above as his or her property. 11. COUNSEL FEES. Each party individually covenants and agrees that he or she will individually assume the full and sole responsibility for all other legal expenses for his or her attorney, if any, and Court costs in connection with the pending divorce action and shall make no claim against the other for such costs or fees except as set forth in this paragraph. 12 . ADVICE OF COUNSEL. Wife has had full and ample opportunity to seek and obtain legal counsel regarding an explanation of the provisions of this Agreement and their legal effect. The provisions of this Agreement and their legal effect have been fully explained to Wife by her counsel, WILLIAM L. GRUBB, ESQUIRE, and to Husband by his counsel DAWN S. SUNDAY, ESQUIRE. Husband and Wife each covenants that he or she has made a full financial disclosure to the other of his or her respective property, holdings and income. Husband and Wife each acknowledge that each fully understands the facts of this agreement and has 12 been fully informed as to her or his legal rights and obligations and each party acknowledges and accepts that this Agreement in, in the circumstances, fair and equitable and that it is being entered into freely and voluntarily, with such knowledge and 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. 13. ADDITIONAL INSTRUMENTS. Each of the parties shall, from time to time, at the request of the other, execute, acknowledge and deliver to the other party any and all further instruments, deeds, titles or documents that may be reasonably required to give full force and effect to the provisions of this Agreement, including all papers necessary to transfer title. 14. AFTER-ACOUIRED PROPERTY. Each party shall hereafter independently own all property, real, personal or mixed, tangible or intangible, of any kind, acquired by him or her, with full power to dispose of the same in all 13 respects and for all purposes, as though he or she were unmarried. 15 . APPLICABILITY OF TAX LAW TO PROPERTY TRANSFER. The parties hereby agree and express their interest that any transfer of property under this Agreement shall be within the scope and application of the Deficit Reduction Act of 1984, hereinafter referred to as "the Act,. and specifically the provisions of the Act pertaining to property transfers between spouses and former spouses. The parties agree to sign and file any elections or other documents required by the Internal Revenue Service to apply the Act to transfers under this Agreement without recognition of gain and subject to the carry-over basis provisions of the Act. 16. MODIFICATION AND WAIVER. A modification or waiver of any of the provisions of the Agreement shall be effective only if made in writing and executed with the same formality as this Agreement. The failure of either party to insist upon the strict performance of any of the provisions of this Agreement shall not be construed as a waiver of any subsequent default of the same or similar nature. 14 contract shall be responsible of payment of legal fees and costs incurred by the other in enforcing their rights under this Agreement, or in seeking such other remedies or relief as may be available to him or her. 21. DISCLOSURE OF FINANCES. Each party hereto confirms that he or she has relied on the completeness and substantial accuracy of financial disclosures of the other as an inducement to enter into the Agreement. The parties acknowledge that there has been no formal discovery conducted in their pending divorce action and that neither has filed and Inventory and Appraisment as required by Section 3505 (b) of the Pennsylvania Divorce Code. The rights of either party to pursue a claim for equitable distribution of any interest owned by the other party in an asset prior to the date of execution hereof which interest was not disclosed or known by the other party or his or her counsel prior to the execution of this Agreement is expressly reserved. 22. APPLICABLE LAW. This Agreement shall be construed under the laws of the Commonwealth of Pennsylvania. 16 ~ CO) :- .' ar. , t-:~ .. u,<.::-: '''' " . h~~ " ,/ U' L~. ~~ (1' ' c, ", lt~ I .' cell' tl ;:IJ -' \,,- , - L.., ,,- CD ,:;; 0 '" U CHRISTOPHER BRADY, . IN THE COURT OF <XX'IMON PLEAS OF . Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA vs. 97-1279 CIVIL TERM . . TAMMY JO BRADY, Defendant . IN DIVORCE . PRAECIPE TO TRANSMIT ~ To the Prothonotary: Please transmit the record, together with the following information, to the Court for entry of a Divorce Decree: 1. Ground for divorce: Irretrievable breakdown under ~3301(c) of the Divorce Code. 2. Date and manner of service of the Complaint: Certified mail with return receipt signed by Tanmy Jo Brady, Defendant, on March 18, 1997. 3. Date of execution of the Affidavits of Consent and Waivers of Notice required by ~3301(c) of the Divorce Code: By Plaintiff: 1/29/98 1/24/98 By Defendant: 4. Related claims pending: None. The parties agree that the Marital Settlement Agreement dated January 24, 1998 shall be incorporated into the Divorce Decree. JebmaeJ Date 1&,/993" , -Lall~~ Dawn S. Sunday, Esqulr Attorney for Plaintiff ID #41954 39 W. Main Street - Ste. #1 Mechanicsburg, PA 17055-6230 (717) 766-9622 >- C'l ?; II; lr. .c ; 1,- N '. IlJ ~~-: , , (.,(' .... ..... F:' 0.. , '--". _uJ ():.- -. '.. 6, en , p f.. ~ , UJ. :::Ji;j [jl: ' ~, - ", t~: !L:... f':'" t... :s co ::J en 0 ~ ">- {I.: ;' tIll' . , " l~: . " ' V' .- ' (, l'_' -' (I' <jl ,. ~ ...(') N \ . ..\'-"'1 ~.~ .~ -. .......... , .~ "1'"1 --::J. !J~ "- ~ ~ 'Y) ... ~ ~ '-'S r-- -.:::r-" ~ \.P J6~ - . ' ("".1 c.. .;. ,- V' ,.' .... O. ~I; ("', 1 . ,:.. ,. LU_~ C?: , !L, ,.. 0;.: , , ') 0 I I/-; . &,j.:: I ,) ,. I. , io_ " L' I r.. ::"j 0 cr u ~ l>. , - .... -.3~ '" f ~""" ~J ... d ) ~ ~ .... "II ~ S " on ..... .. ~ :>.. S 1-';: " , (-,~ ()' (".t 'j ,'-- t> C.''- In " k': " h, o ,... c...., CJ - ?:: " (.\", "-" ~.; :~. ~ .: . :..- ~.~ -. (\: . ,0: ~ ,', [.~ i -; . iI~ : : j ~;- -', o 'I" C,A4 ';Yf , " , 'I ." ':;:~~:' " ';, ,,:. /./0}~\~::',: Y.. "," ": ....' '" ~,J :'. ~. " ....- " .,,- " ,.i .~',. -~ . (:. ,," "'~'/; ~~;' '::'>.:. _'_',rr \, ." ,'~~~ . ,- '.(, ,. (;- <~ ., " 'f . c ,. ,~,.,-.~-. ;:~::\.... '~;t::i\Y;"" ~-. '. , ., . ".,.,.,," '.'< CHRISTOPHER BRADY', : IN THE COURT OF <:.'OOMON PLEAS OF Plaintiff : CUMBERLAND COUNTi', PENNSYLVANIA . . vs. . 97-1279 CIVIL TERM . : TAMMY JO BRADY', . . Defendant . IN DIVORCE . WAIVER OF tul'ICE OF IN'l'ENTICfi TO ~ PNmY OF A DIVCR:B DromE mom i3301(c) OF TIlE DIVCR:B CODE 1. I consent to the entry of a final decree of divorce without notice. 2. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if I do not claim them before a divorce is granted. 3. I understand that I will not be divorced until a divorce decree is entered by the Court and that a copy of the decree will be sent to me immediately after it is filed with the prothonotary. I verify that the statements made in this affidavit are true and correct. I understand that false statements herein are made subjet to the penalties of 18 Pa. C.S. ~4904 relating to unsworn falsification to authorities. l-.2i-1g Date '- .- l r " c.:: I ., , , ( " '. ":"j , ( , " , ~.:l , C , ; L:' L'. , Lo- , , (4," I. L CHRISTOPHER BRADY', . IN THE COURT OF ro1MON PLEAS OF . Plaintiff . CUMBERLAND COUNTY', PENNSYLVANIA . . . vs. 97-1279 CIVIL TERM . . TAMMY' JO BRADY', . . Defendant IN DIVORCE , ! jl AFFIDAVIT OF ~ 1. A COmplaint in Divorce under ~3301(c) of the Divorce Code was filed on March 12, 1997 and served on March 18, 1997. 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety days have elapsed from the date of serv:lce of the corrplaint. 3. I consent to the entry of a final decree of divorce and waive notice of intention to request entry of the decree. 4. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if I do not claim them before a divorce is granted. I verify that the statements made in the Affidavit are true and correct. I understand that false statements herei~ are made subject to the penalties of 18 Pa. C.S. ~4904 relating to unsworn falsification to authoritiies. Date / /;1'-1-/lff ~ dZ'JWlll&~) &.ad!.1- Tammy Jo arad() ~ ndant (/ CHRISTOPHER BRADY', . IN THE COURT OF ro1MON PLEAS OF . Plaintiff . CUMBERLAND COUNTY', PENNSYLVANIA . . . va. . 97-1279 CIVIL TERM . . . TAMMY' JO BRADY', . . Defendant : IN DIVORCE WAIVER OF tul'ICE OF IN'l'ENTICfi TO ~ PNmY OF A DIVCR:B DromE mom ~3301(c) OF TIlE D:rvmcE COOE 1. I consent to the entry of a final decree of divorce without notice. 2. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if I do not claim them before a divorce is granted. 3. I understand that I will not be divorced until a divorce decree is entered by the Court and that a copy of the decree will be sent to me immediately after it is filed with the prothonotary. I verify that the statements made in this affidavit are true and correct. I understand that false statements herein are made subjet to the penalties of 18 Pa. C.S. ~4904 relating to unsworn falsification to authori ties. Date , /;)IJ /tN I , ~j(,'Vtt'1 / ~) ~~ Tammy Jo Brady, Detf, ant financial and property rights and obligations as between each other, including, without limitation by specification: the settling of all matters between them relating to the ownerahip of real and personal property; and in general, the settling of any and all claims and possible claims by one against the other or against their respective estate, particularly those responsibilities and rights growing out of the marriage relationship, inter alia past, present or future spousal support or maintenance, alimony pendente Ii te, alimony, counsel fees and expenses, and equitable distribution, whether or not the parties reside together; and WHEREAS, the parties have made full disclosure to each other of their assets and liabilities and have agreed on a settlement of all property rights and differences existing between them; and WHEREAS, the parties intend this Agreement to be a full and complete Marriage Settlement Agreement, providing for the abaolute and final settlement of all their respective marital and property and all other claims. 2 NOW, THEREFORE, in conaideration of the premisea and of the promiaes, covenants and undertakings hereinafter set forth and for other good and valuable consideration, the receipt of which is hereby acknowledged by each of the partiea hereto, Husband and Wife, each intending to be legally bound hereby, covenant and agree as follows: 1. SEPARATION. It shall be lawful for each party, at all times hereinafter, to live separate and apart from the other, at such place or places as he or she may, from time to time, choose or deem fit. Each party shall be free from interference, authority or control by the other, as full as if he or she were single and unmarried, except as may be necessary to carry out the provisions of this Agreement. Neither party shall molest the other or attempt to endeavor to molest the other, nor compel the other to cohabit with the other, or in any way harass or malign the other, nor in any way interfere with the peaceful existence, separate and apart from the other. The foregoing provision shall not be an admission on the part of either party of the lawfulness or unlawfulness of the causes leading to their separation. 3 A reconciliation will not void the provisions of this agreement. Should a decree, judgment or order of separation or divorce be obtained by either of the parties in this or any other atate, country or jurisdiction, each of the parties hereby consents and agrees that this Agreement and all of its covenants shall not be affected in any way by any such separation or divorce; and that nothing in any such decree, judgment, order or further modification or revision thereof shall alter, amend or vary any term or this Agreement, whether or not either or both of the parties shall remarry, it being understood by and between the parties hereto that this Agreement shall be incorporated in but shall not be merged into and decree, judgment, or order of divorce or separation. It is specifically agreed, however, that a copy of this Agreement or the substance of the provisions thereof, may be incorporated by reference into any divorce, judgment or decree. This incorporation, however, shall not be regarded as a merger, it being the specific intent of the parties to permit this Agreement to survive any judgment and to be forever binding and conclusive upon the parties. 4 2 . EFFECTIVE DATE. The effective date of this Agreement shall be the "date of execution", defined as the date upon which it is executed by the parties if they have each executed the Agreement on the same date. Other wise, the "date of execution" or "execution date" of this Agreement shall be defined as the date of execution by the party last executing this Agreement. Transfer of property, funds and/or documents shall occur on the effective date unless otherwise specified herein. 3 . AGREEMENT NOT A BAR TO DIVORCE. This Agreement shall not be considered to affect or bar the right of either party to a divorce on lawful grounds as may be now or hereafter available to either party. This Agreement is not intended to be and shall not be a condonation on the part of either party of any act or acts of either party hereto. Both parties hereto agree that the marriage is irretrievably broken and agree at the time of execution hereof to execute any and all affidavits or other documents necessary for the parties to obtain an absolute divorce pursuant to Section 3301(c) of the Divorce Code. Each party waives the right to request Court ordered counseling. 5 4. DEBTS AND OBLIGATIONS. Each party hereto representa and warrants that he or she has not, and in the future will not, contract or incur any debt, obligation or liability for which the other party or his or her estate may be rE'sponsible or liable, except as provided for in this Agreement. Each party hereto agrees to be aolely responsible for the prompt and timely payment of the debts now or hereafter incur.red in his or her name and specifically any debts secured by any automobile, motor vehicle or other property distributed to her or him hereunder. Each party hereto agrees to indemnify and hold harmless the other from any and all claims, debts, obligations or demands made against him or her by reason of debts or obligations incurred by him or her or identified to be paid by him or her in this Agreement. Husband agrees that Wife is discharged from all debts and obligations listed in her bankruptcy petition, to the extent of husband's rights and interests, and agrees to release, indemnify and hold her harmless from any claim or cause of action that he may otherwise have. Wife agrees that Husband is discharged from all debts and obligations listed in his 6 bankruptcy petition, to the extent of wife's rights and interests, and agrees to release, indemnify and hold him harmless from any claim or cause of action that she may otherwise have. 5. MUTUAL RELEASES. Husband and Wife hereby mutually remise, release, quitclaim and forever diacharge the other and the estate of such other, for all time to come, and for all purposes whatsoever, from any and all rights, title and interest, or claims in or against the estate of such other, or whatever nature and wherever situate, which he or she not has or at any time hereafter may have against such other, the estate of such other or any part thereof, whether arising out of any former acts, contracts, engagements or liabilities or such other or by way of dower or curtesy, of claims in the nature of dower or curtesy, or 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 right to treat a lifetime conveyance by the other as testamentary or all other rights of a surviving spouse to participate in a deceased spouse's 7 estate, whether arising under the laws of Pennsylvania, any state, commonwealth or territory of the United States, or any other country; or any rights which either party may now have or at any time hereafter have for past, present or future aupport 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 the Agreement or for the breach of any p~ovision thereof. It is the intention of Husband and Wife to give to each other by the execution of this Agreement a full, complete and general release with respect to any and all property of any kind or nature, real, personal or 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 provision thereof. It is further agreed by each party that this Agreement constitutes a full and final resolution and settlement of all claims of any kind, and especially and claims arising under the Pennsylvania Divorce Code, which either party may have against the other. 8 6. DIVISION OF HOOSEHOLD AND PERSONAL PROPERTY. A. The china set and the tool set shall become the sole property of Husband, and Wife ahal1 release any interest and claim that she may have in them. B. The dog shall become the sole property of Wife, and Husband shall release any interest and claim that he may have in it, and agrees to execute any registration or certificate of change of ownership or registration aa required. C. The parties agree to transfer the above mentioned items of personal property and execute the AKC registration for the dog, and execute the transfer of title for the motor vehicles within fifteen (15) days of the execution date of this agreement, such transfer to take place at the West Shore Teachers Federal Credit Union. Excepting the items mentioned in the above A. and B. and C. and motor vehicles, the parties hereto agree that they have effected a mutually satisfactory division of the furniture, household furnishings. appliances and other personal property between them and neither party will make any claim to any personal property now in the possession or 9 control of the other except as herein provided. Husband hereby releases and relinquishes any right, title or interest he may have had in the past or now has in the property in Wife's possession. Wife agrees that Husband ahall, from and after the date hereof, be the sole and separate owner of all personal property in Husband's possession. Wife hereby releases and relinquishes any right, title or interest she may have had in the past or now has in the property in Husband's possession. Husband agrees that Wife shall, from and after the date hereof, be the sole and separate owner of all personal property in Wife's possession. 7. PENSIONS AND RETIREMENT ACCOUNTS. The parties hereto waive any and all interest or claims which either may have in any individual retirement accounts, Keogh accounts, existing pensions or similar accounts of the other, including any retirement type accounts of Wife arising from her employment, and any retirement type accounts of Husband arising from his employment. 10 B. ALIMONY. Each party waives, releases and gives up any claim, now or in the future, for any spousal support, alimony, alimony pendente lite, or maintenance from the other. 9. BANK ACCOUNTS. HUSBAND and WIFE each acknowledge that they each own or possess certain bank accounts and similar accounts of financial instruments in their respective names. They hereby agree that each shall become sole owner of their respective accounts for financial instruments and each hereby waives any interest in or claim to any funds, instruments or accounts held by the other in such instruments or accounts. 10. MOTOR VEHICLES. wi th respect to motor vehicles owned by HUSBAND and WIFE, both of the parties agree as follows: The 1995 Plymouth Neon shall be and remain the sole and exclusive property of Wife; Each party shall be solely responsible for any debt secured by any vehicle listed as his or her property. Each party shall be solely responsible for any insurance and any 11 other coats, including license, for each motor vehicle 1iated above as his or her property. 11. COUNSEL FEES. Each party individually covenants and agrees that he or she will individually assume the full and sole responsibility for all other legal expenses for his or her attorney, if any, and Court costs in connection with the pending divorce action and shall make no claim against the other for such costs or fees except as set forth in this paragraph. 12. ADVICE OF COUNSEL. Wife has had full and ample opportunity to seek and obtain legal counsel regarding an explanation of the provisions of this Agreement and their legal effect. The provisions of this Agreement and their legal effect have been fully explained to Wife by her counsel, WILLIAM L. GRUBB, ESQUIRE, and to Husband by his counsel DAWN S. SUNDAY, ESQUIRE. Husband and Wife each covenants that he or she has made a full financial disclosure to the other of his or her respective property, holdings and income. Husband and Wife each acknowledge that each fully understands the facts of this agreement and has 12 been fully informed as to her or his legal rights and obligations and each party acknowledges and accepts that thia Agreement in, in the circumstances, fair and equitable and that it is being entered into freely and voluntarily, with such knowledge and 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. 13. ADDITIONAL INSTRUMENTS. Each of the parties shall, from time to time, at the request of the other, execute, acknowledge and deliver to the other party any and all further instruments, deeds, titles or documents that may be reasonably required to give full force and effect to the provisions of this Agreement, including all papers necessary to transfer title. 14. AFTER-ACOUIRED PROPERTY. Each party shall hereafter independently own all property, real, personal or mixed, tangible or intangible, of any kind, acquired by him or her, with full power to dispose of the same in all 13 respects and for all purposes, as though he or she were unmarried. 15. APPLICABILITY OF TAX LAW TO PROPERTY TRANSFER. The parties hereby agree and express their interest that any transfer of property under this Agreement shall be within the scope and application of the Deficit Reduction Act of 1984, hereinafter referred to as "the Act," and specifically the provisions of the Act pertaining to property transfers between spouses and former spouses. The parties agree to sign and file any elections or other documents required by the Internal Revenue Service to apply the Act to transfers under this Agreement without recognition of gain and subject to the carry-over basis provisions of the Act. 16. MODIFICATION AND WAIVER. A modification or waiver of any of the provisions of the Agreement shall be effective only if made in writing and executed with the same formality as this Agreement. The failure of either party to insist upon the strict performance of any of the provisions of this Agreement shall not be construed as a waiver of any subsequent default of the same or similar nature. 14 contract shall be reaponsib1e of payment of legal fees and costs incurred by the other in enforcing their rights under thia Agreement. or in seeking such other remedies or relief as may be available to him or her. 21. DISCLOSURE OF FINANCES. Each party hereto confirms that he or she has relied on the completeness and aubstantial accuracy of financial disclosures of the other as an inducement to enter into the Agreement. The parties acknowledge that there has been no formal discovery conducted in their pending divorce action and that neither has filed and Inventory and Appraisment as required by Section 3505(b) of the Pennsylvania Divorce Code. The rights of either party to pursue a claim for equitable distribution of any interest owned by the other party in an asset prior to the date of execution hereof which interest was not disclosed or known by the other party or his or her counsel prior to the execution of this Agreement is expressly reserved. 22. APPLICABLE LAW. This Agreement shall be construed under the laws of the Commonwealth of Pennsylvania. 16 OFFICE OF DIVORCE MASTER CUMBERLAND COUNTY COURT OF COMMON PLEAS 9 North Hanover Street Carlisle. PA 17013 (717) 240.6535 I. Robert IlIck.r, II Divorce MII'e, Tr.cl "0 Colw.r OIllee MlIIlaoarlRaporta, West Shore 697.0371 Ex!. 6535 December 15, 1997 Da....n S. Sunday Attorney at Law 39 West Main street, suite 1 Mechanicsburg, PA 17055-6230 RE: Christopher Brady vs. Tammy Jo Brady No. 97 - 1279 civil In Divorce Tammy Jo Brady 135 Herman Avenue Lemoyne, PA 17043 Dear Ms. Sunday and Ms. Brady: By order of Court of President Judge Harold E. Sheely dated December 8, 1997, the full-time Master has been appointed in the above referenced divorce proceedings. A divorce complaint ....as filed on March 12, 1997, raising grounda for divorce of irretrievable breakdown of the marriage. No economic claims were raised in the complaint. On November 21, 1997, the Plaintiff filed a petition to amend the complaint in order to raise the economic claim of equitable distribution. I am unable to determine from the pleadings if there is any iasue ....ith respect to grounds for divorce; however, I am going to proceed on the basis that either the parties will sign affidavita of consent or the parties have been separated for a period in excess of two years. It is my understanding that Tammy Jo Brady is not represented by counsel; however, if Ms. Brady obtains counsel, her counsel should be in contact with my office immediately. In accordance with P.R.C.P. 1920.33(b) I am directing attorney Dawn Sunday, who represents the Plaintiff, and Tammy Jo Brady, who apparently represents herself, to each file a pre-trial statement on or before Friday, January 9, 1998. Upon ,- C:l r c.: -" . ' ~~ , , 1\./" - ( ') ~ (I.> (, 0 G~ f"'j \ ;.:;..'1' to, '\' , (.... \1\ '1-..... t.J Ll.- '(; J ~l U 1'_ r~' ., , . (,'" r,-:" ...~" .1, "', (,U~. \"~' ;, ., - "'H vI' I . .~ J "i \L. I ~ I : CJ: C,.: : to' , . C'-" ., ., , i-: . .~ , i us d 0- eo ~ -3 Cl ,- CJ \-.: 1I-. 0 "If ~ 0 \ "''- c- ~ Co' . (";: i , . (.,/1 ....1 ,-. ir: lr.. ". 1...',