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Home My WebLink About97-03830 ~ . j J . j I J / /' . , 1 limitation: the ownership and equilable dislribulion of all property owned by the parties; and the settling of all related economic claims including but not limited to spousal support, alimony and alimony pendente lite; and in general the settling of any and all claims or possible claims of one against the other or against Iheir respective estales; and, WHEREAS, each party is fully familiar with the all of the property owned by the parties and each party acknowledges having sufficienl opportunily to investigate and evaluate the property owned by the parties, and both parties now desire to settle and determine his and her property rights and claims under the Divorce Code, NOW, THEREFORE, in considerallon of the mutual promises hereinafter set forth and for other good and valuable conslderallon, receipt of which is hereby acknowledged by each of the parties hereto, the parties, intending to be legally bound hereby, do covenant and agree as follows 1. DNORCE The parties agree to the entry of a Decree in Divorce pursuant to Section 3301 (c) of the Divorce Code Both parties shall execute and file the requisite Consents and Waivers with the Court aJntemporaneously with the execution of this Agreement. Wife's counsel shall Withdraw Wif.'s c181m fO( eeonomtC rehef Wife's attorney shall file the Praecipe to Transnut the record and obt81n a Deaee III Divorce Without defay Should etther party do Mytt\Ing to delay 01' deny the entry of such a Deaee, 01' fall to do anythlng requtred to obtaIIl the Olvorce Deer.. rn breadl of thts Agreement, the other party may, at his or her option, declare ttIIs /vii a.ement null and VOId 2 ,-1~d 2. INCORPORATION BUT NOT MERGER INTO DIVORCE DECREE This Agreement and all warranties and representations contained herein shall survive the Divorce Decree and shall continue 10 be enforceable in accordance with its terms, No Court may change the terms of this Agreement, and it shall be binding and inclusive upon the parties, An action may be brought at law, in equity or pursuant 10 the provisions of the Divorce Code to enforce this Agreement by either Husband or Wife, In the event of a reconciliation, atlempted reconciliation or other cohabitalion of the parties hereto after the date of this Agreement, this Agreement shall remain in full force and effect In the absence of a written agreement signed by the parties expressly stating that this Agreement has been revoked or modified 3. ADVICE OF COUNSEL Wife is represented by Michael A, Scherer, Esquire, who is her separate legal counsel and she has been advised of her respective nghls, privileges, duties and obligatIOnS relative to the parties' property rights and interests under the Divorce Code and regarding alimony and spousal support Husband is represented by William A Duncan, Esquire. who is his separate legal counsel and he has been adViSed of his respective nghts. pnvileges, duties and obligatIOnS relative to the partIeS' property rights and interests under the Divorce Code and regarding alimony and spousal support Husband and WIfe acknowledge that each of them has read Ihts Agreement and understands hiS and her rIghts and responslbllltles under thiS Agreement that he and $he have executed this Agreement under no eompuISIOl'l to do so but as a VOluntary ad, being app1sed of its 1 1\J,j the other, vested or contingenl, each party 10 retain full ownership of such rights as his or her sole and separate property, C, INTANGIBLE PERSONAL PROPERTY The parties have divided between them to their mutual satisfaclion their checking and savings accounts which had heretofore been used by them in common. Wife shall . , become the sole owner of an individual retirement account known as Ihe Pioneer Growth Shares, account # 070-6200210818, two mutual funds she received through an inheritance known as Pioneer Capital Growth, account # 010-6202502526 and Veriflex, account # 1142495-0, and Keystone Financial stock which Wife also received through an inheritance, Husband shall become the sole owner of certain stock, including Applied Science. Coca Cola and McDonald's, which was purchased during the marriage. The parties are familiar with the amounts and values of the assets mentioned in this paragraph. Aside from the foregoing, the parties have divided to their mutual satisfaction all intangible personal property consisting of cash, bank accounts, annuities, securities, insurance policies and all other such types of property. The parties hereby agree that all such Intangible property presently In the poSseSSion of or titled In the name of Husband shall be hls sole and separate property, and that in the possession or titled in the name of the Wife shall be her sole and separate property 7. DEBTS AND OBUGA noNS ASide frem the hens on the manta! residence, there are no other fineneiaI obIlgatlOnS for which the part... are JOIfltly hable Except u herein othefwlse provtded. !i :Y(\J \' :1 each party represents that she and he have not heretofore incurred or conlracted any debl or liability or obligation for which Ihe other may be held responsible or liable, Each party agrees 10 indemnify and hold harmless the other from and against all such debts, liabilities or obligalions of any kind which may have heretofore been incurred between Ihem, excepl the obligations arising oul of this Agreement 8. INDEMNIFICATION Both parties covenant, warrant, represent and agree that each will now ~:-:j at all times hereafter save and keep each other indemnified against all debts, charges, or liabilities incurred by the olher after the execution of this Agreement, except as may be othelwise specifICally provided for by the terms of this Agreement and neither of them shall hereafter IIlCUl' any liability whatsoever for which the Estate of the other may be liable The Indemnification as 10 all proviSionS of this Agreement shall include the nght to recover out of peckel expenses and reasonable attorney's fees actually incurred. 9. EQUITABLE AGREEMENT Both parties agree that the hereinabove set forth Agreement constitutes an equitable distribution of their mantal property and equitable resolution of all other econonllC claims pursuant to the proVISIOnS of the Divorce Code and each party Irrevocably waMtS, releases and remlses any claim to ownership of or interest in any proper1y des.gneted 8S the property of the ottlef by VIrtue of the pI'OYI$ions of thls Agreement exe8l)t as othefwtse ITIIty be provided pur$U8I"lt to the pI'OY1mM of thls Agreement 6 ,.Y~j income of the other and Ihat each has made a full and complete disclosure to the other of his or her entire assets and liabilities and any further enumeration or statement thereof in this Agreement is specifically waived. 13. ENTIRE AGREEMENT This Agreement constilules the entire underslanding of the parties, There are no covenants, conditions, represenlations or agreements, written or oral, of any nature whatsoever, other than those herein contained, 14. AGREEMENT BINDING ON HEIRS This AgTeement shall bind and inure 10 the benefit of the parties hereto and their respective heirs, execulors, administrators, successors and assigns. 15. CONTRACT INTERPRETATION For purposes of contract interpretatIOn and for the purpose of resolving any ambtguity herein, Husband and Wife agree that this Agreement was drafted and prepared JOlnlly by their respective counsel. 16. SEVERABIUTY AND INDEPENDENT COVENANTS The parties agree that each separale Obligation contained in this Agreement shall be deemed 10 be a separate and Independent covenanl and agreement If any lerm, condltTon, Nao 1M or provision of this AQlee.nent shan be determtned or declared to be void or mvahd in law or otherMse, then only that term, conditIOn. clause or provision shall be slncken from this Agreement. rd tn elf other respects this Agreement shall be vlltd .-ld contmue tn full forte .-ld effect 8 ,~~d WHEREFORE, PIair1iIf respalfuIly req Il?5ls ltis Her oalle Ca.rt 10 Erler a decree n dvam COUNT II.fQurrABlE DISTRI8\JTlOt.! 10, PIair1iIf hereby i ...... JJUI cib by rdl:i.... Q, ~ ~ IS 1 ttro..gl9 above, 11. The pa1ies have a:xJJired real esIale en! pa..... ia/ p~ n::k.ag am I dliIe$, I:lErk a:xnns en! cAher itans r:i rnisalIta1eaJs p ~ d..rrg the lXU'Se r:i lhei' n 8, y, sane r:i Y.tid1 is rrmaI ... ...,.."ty. 'M-iEREF0RE, PIair1iIf ~ '"' oasis ltis Ha 1OIctJ!t, Cc:ut b Erler a deaee Y.tid1 eIreds en "llilable cistbiirl r:i rrmaI p...,.."ty. ~SL.bIA.:J, DaIa 7/~Cfl ~~ MdlaeI A Sd1erer; Elq.Q lO,~1974 ,17 Wlst Scuh Slteet Ca1isIe. ~ 17013 (717) 249-6B73 I4'Jare.j fa' Planf :1 ,'! :1 " [, i' r i! U i, \: - , 'J!.., 11 AIIJ11lI:lJ1il......am IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ~) !"' I' r.,' ; '.- , ~,~\' I .. ~ I '." -.:: LYNDA J. FENTON, Plaintiff v. $} IqS SO pdQ~ STEVEN L. FENTON, Defendnt COMPLAINT IN DIVORCE C,\,t ti 3'i)u~ "'oil 5113?:R ---------------------------- ---------------------------- 1997 CIVIL TERM IN DIVORCE CIVIL ACTION-LAW tA..~n..l.\ O'llRWl. BARIC . SCJ\EIlER l!;'\ !iOUlll ""''''IA ,net r CAALr;l.ll'tM8\\V "'I... ,7(ln 0 ..0 ~ >=; ...., ", ... .... '"tlc. - !'::.." r!:r!" :., ;~a "-.. ~~",:f .~ 56 ::j'H ~.~ ~< .r~ ',. " t,).. 0'.;, --. .-.() .'C~ p- om .... ~+~; " ... ~ ::> ~ -. Q