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MARRIAGE SETTLEMENT AGREEMENT
THIS AGREEMENT made this :t1''-- day of (~((1C('-( , 1998,
and between Lamont C. Woods, (hereinafter referred to
"Husband, ") and Susan E. Woods, (hereinafter referred to
"Wife").
by
as
as
WITNESSETH:
WHEREAS, the Husband and Wife were lawfully married on
September 23, 1978; and
WHEREAS, differences have arisen between Husband and Wife in
consequence of which they intend to live apart from each other; and
WHEREAS, there was one child born of this marriage, Andrea
Lynn Woods, born May 31, 1981; and
WHEREAS, Husband and Wife desire to settle and determine their
rights and obligations; and
NOW, THEREFORE, the parties intending to be legally bound
hereby do covenant and agree as follows;
1. SBPARATION
It shall be lawful for each party at all times hereafter
to live separate and apart from the other party at such place or
places as he or she may from time to time choose or deem fit. The
foregoing provisions shall not be taken as an admission on the part
of either party as to the lawfulness or unlawfulness of the causes
leading to their living apart.
2. nrrDI'DDfCB
Each party shall be free from interference, authority,
and contact by the other as fully as if he or she were single and
unmarried except as maybe necessary to carry out the provisions of
the 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, and each of the parties hereto completely understand and
agree that neither shall do or say anything to the child of the
parties at. any time whil:h might in any W3Y influence the child
adversely against the other party.
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3. DIVISION OF PERSONAL PROPERTY
The parties have equitably divided between them to their
mutual satisfaction the personal affects, household furniture and
furnishings and all other articles of personal property which
heretofore have been used by them in common. Neither party will
make any claim to any such items which are now in the possession or
under the control of the other.
4 . AUTOMOBILES
The Husband is the owner of a 1981 Pontiac Bonneville and
1983 Honda CB1100 motorcycle and Wife is the owner of a 1996 Dodge
Neon. The parties co-own a 1987 Camaro which is in Husband's
possession. Husband shall have all right and title to his vehicles
and Wife shall transfer Title of the 1987 Camaro to Husband. He
shall maintain insurance on his vehicles and be responsible for any
and all maintenance and other payments related thereto. Husband
shall indemnify and hold Wife harmless for all matters related to
his vehicles. Wife shall have all right and title to her vehicle
and shall maintain insurance on her vehicle and be responsible for
any and all maintenance and other payments related thereto. Wife
shall indemnify and hold Husband harmless for all matters related
to her vehicle.
5. DIVISION OF RU.L PROPERTY
The real estate owned by the parties as tenants by the
entireties situated at 4 West Winding Hill Road, Mechanicsburg,
Cumberland County, Pennsylvania shall be conveyed in fee simple to
Husband. Husband shall assume full responsibility for the payment
of the existing mortgage, note and taxes. Husband shall indemnify
and hold Wife harmless from any liability on the marital home's
mortgage, note and taxes. It is Husband's intention to refinance
the mortgage/note on the marital home. Husband shall have 45 days
from the transfer of the deed to obtain refinancing for the marital
home so as to remove Wife' 5 name from the mortgage/note. If
Husband does not remove Wife's name from the mortgage and note
within 45 days he shall pay Wife the sum of $400.00 per month for
each month that she remains on the mortgage and note after the
expiration of the 45 days. Wife agrees to cooperate with Husband
and prOVide all required information and sign any documents
necessary to assist Husband in reflnancing the mortgage and note
solely into his name.
Husband shall pay Wlfe the sum of $50,000.00 as her share of
any and all interest. equitable and at law, in the marital home,
husband's pension andler any other maritai asset. Husband shall
pay to Wile th,~ ~l'jm of $50,000.00 within 45 days of execution of
this MSA. Upon execution of this Agreement Wife releases and
rellnqulshell .lny and all rights or interest in any marital
property, sped flcally including the marital home, except as
provided In this Agreement.
6. MARITAL DEBTS
Husband shall be responsible for all marital debts solely
in his name and the mortgage on the marital home. Wife shall be
responsible [or all marital debts solely in her name. Wife shall
not be liable tor any debts related the marital home. Each party
agrees to indemnify and hold the other harmless for any debt that
they are responsible for pursuant to this Agreement. Each party
aqrees that they will not attempt to discharge any debt owed to the
other pursuant to this Agreement in any bankruptcy proceeding.
7 . PENSION AND RETIREMENT ACCOUNTS
Husband and Wife shall maintain their separate pension
and/or ret ircment accounts. Husband relinquishes any and all
rights he may have in Wife's pension or retirement accounts and
Wife relinquishes any and all rights she may have in Husband's
pension or retirement accounts.
8 . SlIUBf\ CUSTODY
The parties agree that they shall share legal custody of
thelt child. This means that the parties shall consult with each
other n~qarding the major parenting decisions affecting the child's
health, education and welfare.
Husband shall have primary physical custody of the parties'
minor child subject to the liberal, partial physical custody of the
Wife as the parties may agree.
The parties agree that the above custody arrangement may be
changed by the mutual agreement of the parties or, if the parties
<.Ire unable to agree, by a Court of competent jurisdiction.
The parties agree to continue to equally share the orthodontic
expenses for their daughter, currently each pays $50.00 per month.
9. IUPI'OIl'1'/ALnart/ALnart I'IlIDDft LIft
The parties hereby waive, release, diSCharge and give up
<lflY r iqhts either may have against the other to receive spousal
support. alimony pendente lite or alimony.
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10 . FILING OF IRS RETUlUI
Husband and Wife agree to file a separate tax return for
tax year 1998 and all subsequent years. Since Husband has been
living in and paying the ~urrent mortgage, he shall be allowed to
claim the interest payments on the current marital home mortgage.
11. DIVORCE
Wife filed a Complaint in Divorce on August 14, 1997 in
Cumberland County. The parties agree to cooperate with each other
in obtaining a final divorce of the marriage. It is agreed that at
the execution of this MSA the parties shall execute and allow to be
filed the documents necessary to obtain a divorce. Each party
shall be responsible for their respective attorney fees and costs.
12. INCORPORATION
This agreement is to be incorporated into any subsequent
Degree in Divorce.
13 . CON'1'rnulW COOPZltATION
The parties agree that they will within fifteen days
after the execution of this agreement execute any and all written
instruments assignments, releases, deeds or notes or other such
writings as may be necessary or desirable for the proper
effectuation of this agreement.
l4. UDCB
If either party breaches any provision of this agreement,
the other party shall have the right, at his or her election, to
sue for damages for such breach, and the party breaching this
contract shall be responsible for the payment of legal fees and
costs incurred by the other in enforcing their rights under this
agreement or for seeking such other remedies or relief as may be
available to him or her.
15. VOL1JlftAU AQPIE-~f
The provisions of this agreement are fully understood by
both parties and each party aCknowledges that the agreement is fair
and equitable, that it is beinq entered into voluntarily, and that
it is not the result of any duress or undue influence.
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CEIlT1FlED cOPY:
LAwomCES
SAIDIS, GUIDO, SHUFF" MASLAND
26 W. HIGH STREET 2109 w.I1tET STREET
CARUSLE. PA 110\3 CAMP Hlu.. PA 11011
PHONE (717) 2~)-6222 PHONl! 1717) n7.~
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LAW 0l'FICEi
SAIDIS, GUIDO. SHUFF a MASLAND
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When the ground for the divorce is indignities or
irretrievable breakdown of the marriage, you may request marriage
,i counselling. A list of marriage counselors is available in the
II Office of the Prothonotary at the Cumberland County Court House,
~ High and Hanover Street, Carlisle, Pennsylvania.
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SAIDIS. GUIDO. H
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SOlifT" ;i
lIIASLAND
26 'to Hop SUm
t-.nm.. p"
SUSAN E. WOODS,
Plaintiff
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
v.
NO. 97- '1"1J..I-
CIVIL TERM
LAMONT C. WOODS,
Defendant
CIVIL ACTION - LAW
DIVORCE
NOTICE
You have been sued in court. If you wish to defend against
I', the claims set forth in the following pages, you must take prompt
action. You are warned that if you fail to do so, the case may
Ii proceed without you and a decree of divorce or annulment may be
I entered against you by the Court. A judgment may also be entered
! against you for any other claim or relief requested in these
II papers by the Plaintiff. You may lose money or property or other
Ii rights important to you, including custody or visitation of your
Ii children.
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IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF
PROPERTY, LAWYER' S FEES OR EXPENSES BEFORE A DIVORCE OR ANNULMENT
IS GRANTED, YOU MAY LOSE THE RIGHT TO CLAIM ANY OF THEM.
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU
DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE
OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP.
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By:' ~"'t{ /) ~ 'Q~
~ott D. Moore, Esquire I
Supreme Ct. 1.0. . 55694 !
26 West High Street
Carlisle, PA l7013
(717) 243-6222
Attorney for Plaintiff
Cumberland County Court
One Courthouse Square
Carlisle, PA 17013
(717) 240-6200
Administrator
SAlOIS, GUIDO, S!lUFF " MASLAND
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