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HomeMy WebLinkAbout97-04441 .~ r .~ "" '" " ~ ~ . ..... ...:: .. " -...Q ~ .... i ~I! ~, ~, r NOW THEREFORE, in cOllsideration of the premises and of thc mUlual promises, covenants and undertakings hereinafter set forth and for other good and valuable consideration, receipt of whidl is herehy admnwledged hy each of the parties hereto, Wife and Hushand. each intending 10 he legally hound herchy. cllvcnam and agree as follows: I. ADVICE OF COUNSEL Wife and Husband declare lIIat each has had a full and fair opportunity to obtain independent legal advice of counsel of her and his seh..'Ction; that Wife has been independently represented by Taylor p, Andrews, Esquire. and that Husband, aware of his right to legal representation, declares that it is his express. voluntary aOO knowing intention not to obtain counsel, and he chooses instead to represent himself with respect to the preparation aOO execution of this Agreement, 2. PERSONAL RIGHTS Wife and Husband may and shall. at all times hereafter, live separate and apan, Each shall be free from a\1 control, restraint, imerlerence or authority, direct or indirect, by the other in a\1 respects as fully a5 if she or he wcre unmarried. Each may reside at such place or places as she or he may select. Each may. lilr her or his separate use or benefit. conduct, carry on and CJlP&C in any business. (l(CUraUllll. prolession or employment which to her or him may seem advisable. This pnlVISI\m \halllll\l he taken. however. to be an admlu\Oa on the rart of either Wife or HlIlihand nlthc 1,1\\ hth",,, ntlhe (JWIeS which led to. or mulled in. the '-'Onlinuation of their 1M,.. IfIln \\' lit- dlll.lllu\hand shall ..,. molest, harass. dbl\ut) or , malign cach othcr or thc respectivc familics of cach othcr. nor compel or allcmptto compel thc other to cohabit or dwell by any mcans or in any manner whatsoever with her or him. 3. PERSONAl. PROPERTY The panies acknowledge that they have heretofore divided between them. at the time or of their separation or thereafter. allthcir personal property to their mutual satisfaction. except as statc..'II above. Henceforth. cach of them shall own. havc and enjoy independcnlly of any claim or right of thc other items of personal propeny of every kind now or hercafter owned. or held by him or her. with full power to dispose of same as fully and effectively in all respects and for all purposes as if he or she were wunarried, The panies also agree that they each shall own, have and enjoy independently of any claim or right of the other all intangible personal propeny. including all employment benefits. which is registered or held in their individual name. They each shall have full power to dispose of same as fully and effectively in all respects and in all purposes as if he or she were unmarried. 4. REAL PROPERTY Husband agrees to convey. transfer and grant to Wife his right. title and interest in the real estate situated and klCated at 1830 Mary Lane. Nonh Middleton Township. Carlisle, Pennsylvania. l7013 Husband shall convey his interest in this rropeny hy a lked prtpared by Wife's atll\f1lCY at the time of the execution of this Agreement. or not later than 1.5 days thernlkr. I-r\,"lll~ .!ate nllhis Agreement. Wife 11rtt\ tt! nsumc a\ hel ".Ie ."'lIgation any and all monj!.~ ra~ment\. la\6. claims. damages \'If other n~ illl.'ult.'\! in c\lMCCtion 3 with said premises, and Wife agrees and covenants to indemnify Husband and to hold him harmless from any such liability or obligation. :'i SlIl'l'OIn Husband and Wife do hereby waive, release and give up any rights they may respectively have againstthc othcr for alimony or spousal support. It shall he, from the datc of this Agreement, the solc rcsponsibilily of each of Ihc respective parties to sustain thcmselves without secking any support from the olher party, 6. LIABILITIES The panies agree to divide the following liabilities in the following fashion: VISA Account No. 4325 1501 52203231 with Wachovia Bank (balance as of 8122/97 equals S5,043.79 and Loan Account No. 0202426352) at Pennsylvania State Employees Credit Union (balance as of 7/31/97 equals S8,352.91) shall he divided equally between the parties. Wife hereby agrees to assume primary responsibility for the payment of these accounts. Husband agrees to pay to Wife Six thousand seven hundred d"IIJrs ($6.700) as his one ball' share of these accounts. Husband's payments 10 Wile shall he In the amount of two hundred dollars ($200) per month for thirty-four (34) months tSIllO due llO the 34th month) commencing one rtlIlOth after both panics have signed this al!feCmcm Husband shall not owe Wife any inten:M ,'n lhe deferred payments 1.\ long as lIushand 1.1,11:' I~'l default in his payments. If Husbao.l -lull default in any of his pa)mcnh I" hIS ".k 1111.1." .hl' S4.'\;lIon Ill' the aan:anent, lIuSNnd ,lullthetuftcr owe interest in the amlllllll "I Ml 4111'; 'I1Cn:ent rer amnn compounded -I annually on the payments then remaining. Hushand shall be deemed 10 have defaulted if his payment to Wife is not made within I S days of the due date. Wllc sh.llIlIldclIlIlIly Husband illld W\'Cnallls 10 hold Husband h.lrmlcss twm any Iiahillty or ohligation IInthese tl\'O dehls. provided Ihat Hushand has nllt defaulted in the payments due to Wife under Ihis section. If Hushand has defaulted in his payments to Wife, Wife shall not be responsihle to lIushand for any loss or expense caused hy lIushand's default. Each pany represents that, except for Ihe dehts specifically refcrenced above, they have not contracted any delll or liahility for the othcr for which the estate of the other pany may be responsible or liahle. and that except only for the rights arising out of this Agreement, neither pany will hereafter incur any liability whatsoever for which the other party or the estate of the other pany will be liable. Each party agrees to indemnify or hold the other pany harmless from and against all future obligations of every kind incurred by them, including those for necessities . 7. DIVORCE Wife filed a di\wce complaint at the above captioned number nn Augusl IS, 1997. Husbaoo and Wife agrcc Itl sign and file coments and necessary notice \\'ai,,:rs lilr the Court to proceed without tIela~ III issue a divorce decree. The terms of this aj!ll.'Cmcm are not conditioned upon a Ill' I'm:. and the issuance of a divorce decree shall nile terminate or elfa:t the terms of this lIj!Il.'\'nlt'nI In anyway. Husband .grtllS 10 n:imbufl,( W,,,, t.lr llllC half or her attorneY' Ice' "'1\111111\:: It'\:, .l,,,~uted with Ihis di\'\lfI:c KllllCl lIu,I>.u..1 ,1...11 nl.l~e ~ymm& of thae e~n'l4:' en \\.1.' "Ilhm 30 day'! of the llI1Dl of a m\'\lfI:e I~r\'l' s This agrccmcnt shall he incorporatcd into but not mcrgcd with thc Dccrcc of Divorcc, This agreemcnt shall he cnforccablc hy eithcr party by an action at Law or in Equity, 8. MUTUAL RELEASE Wife and Husband each do herchy mutually rcmise, rcleasc, quitclaim and forever discharge the other and the estate of such othcr. for alltimc to comc, and for all purposcs whatsoever. of and from any and all rights. titlcs and intercsts. 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 narure and wheresoever situate, which she or he now has or at any time hereafter may have against the other. the estate of such other or any part thereof. whether arising out of any former acts. contracts, engagements or liabilities of such other or 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 intestate laws. or the right to take against the spouse's will; or the rij:hltu treat a lifetime conveyance by the other as testamentary. or all other rights of a sunivmg spouse to participate in a deceased spouse's cstate. whether arising under the laws of ta) l'cnnsyl\ania, (h) any State. Commonwealth or territory of the United States. or Ie) an) lither ,ountry. I'r any rights which Wife may have or at any time hereafter have for past. presenl "1 luture -ol'l'ort or mainlenance. alimoay. .Ill1nony pendente lite.l:tlUnsellecs. CI'~t\ 01 "\r~'n....'\. \\hether ansma as I mullofthc H\dflt.d rebtion IIf "lIhtrwisc. C\\\1'I. a,l>.! "nil. \, '1'1 ..1I fights aaI ."recmelU Ihd ,"'lll!atIOftiof whatsoever ~ ,uislnjt.tf \VIlI,h 1\\.1\ .trlIC under this Alt~ Of foe the (. hre<lch of <lny thereof. It is thc illlclllion of Wifc ;md lIush<lnd 10 givc to c<lch othcr hy Ihc cxccution of this Agrccmcnt a full. complcte and general relcasc with rcspect to any and all propcrty 01 .IIlY "111I.1 or nalUIC, Ical. pCI~U1l<1lll1mixc\l, whidlthc IIlhcr now own~ or may here<lftcr <lcquirc, cxccpt <lnd only cxccpt <Ill rig hIs and agrecmcnts and ohligations of whatsoever nalurc arising or which may arise under this Agrccmcnt or for thc hreach of any thereof. suhjcct. howevcr. to thc implcmclllation <lnd s<ltisfaction of thc conditions precedent as set forth hcrcin abovc. 9. OTHER DOCUMENTATION Wife and Husband covenant and agree that they will forthwith (and within at least seven days after demand therefor) execute any and all written instruments. assignments. releases, satisfactions, deeds. notes or such other writings as may be necessary or desirable for the proper effectuation of this Agreement, and as their respective counsel shall murually agree should be so executed in order to carry out fully and effectually the tenns of this Agreement. 10. SUCCESSORS' RIGHTS AND UABILlTlES This Agrecmel1l \hall. exctpl as otherwise provided herein. be binding upon and inure to the benefit of tbe turtleS hel'ttll. their respective hein. executon. adminiSlratnrs. successon or wigns. 7 11, ENTIRE AGREEMENT Wife and Husband do hcrcby cuvcnalll and warrant that this Agreement contains all of Ihe representations. promises .\Ild agreements made hy either of them to the other for the purposes set forth in the preamble hereinabove; that there are no claims, promises or representations not herein contained. either oral or written. which shall or may be charged or enforced or enforceable unless reduced to writing and signed by both of the panies hereto; and the waiver of any term, condition, clause or provision of this Agreement shall in no way be deemed to be considered a waiver of any other term. condition. clause or provision of this Agreement, 12, BINDING EFFECT OF AGREEMENT This Agreement shall remain in full force and effect unless and until terminated pursuant to the terms of this Agreement. The failure of either pany to insist upon strict performaJJ::ll of any of the provisions of this Agreement shall not be constNed IS a waiver of any subsequent defaull of the same or similar narure. 13. SEPARABII.lTY If any tenD. condition. clause or pnl\'isi<ln Illthl' A~reement shall be *termiDed or Ikclared 10 be void or i1Ivalid in law. or otbetwl\C. lht-Ill\llly thaI term, conditiotl. dause or 1""\ "k\ll wll be strickcn frum this ^~I'~\;,1l1\'1lI JI'-' 111 ..ll ,~hCf respccu this Aareemtlll shall ~ ull\! aoo ~'t1ClliaUe in full ft'll'l.'C. df(\:t allLll",,'!"I,,"1 lJl.('w~. the failure of lAY patty to II .. <:1 _0 ?, --4 -- "I': . T -: :7] o. J I C) ~ ......."". . oJ, , ."'i : ;~ . ,','1 . ! ...., :;u ., 'Q -< .... +- '-. -. n l.O Q f;.-; ...... .- ..' "'.'f ;,-:", " ...., . .....~ - " , . ~ 1 ~=: . ~..l ;.;. , - r'f 0, j ." , - "'", IQ , EMMA M. HEBERLIG, Plaintiff R'fl-O~-) 0:= To ':: ~ ," :) TAR" 9HUG 15 r:~I/:n2 C';~t}>:~' '~,' .~( v.......... '....'"'....1.' 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