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2. CQlllrlJL!J'-AgrlJul1IulJI. The provisions or this Property Settlement Agreement shall govorn
nil paot, present andlor ruture c1nlms ror ollrl1ony, spousal support, counsel rees Ilnd costs, alimony
pendente lite, equitable distribution, or other property rights, and all other claims which the WIFE or
HUSBAND has or mlghtlwve ngnlnsl the other.
3. DlvlJrcfJ. A Complnlnlln Divorce was filed by HUSBAND In Cumberland County on or about
September 3,1997, Wllldl Complaint Is docketed to No. 97,4766 Civil Tarrn. Simultaneously with the
execution or this Agreement, tile parties shall sign any and all documents necessary to obtain a Divorce
Decree under Section 3301 (c) or 3301 (d) or the Divorce Code, Including but not limited to, Affidavits or
Consent, Affidavits Waiving Marriage Counseling, and Waivers or Notice of Intent to Seek Divorce Under
Section 3301 (c) of tho Divorce Code. The parties furtller ngroe that this Property Settlement Agreement
shall be Incorporated Into any forthcoming Decree In Divorce.
4. BfJaLPr!J/}!Jrly. The pmtles acknowledge that they do not own any real property In joint
name, Individually In their own nome, or together with any other person or entity. Therefore, there Is no real
property In existence subJeclto equitable distribution.
5. &~sma'-PrSJ~rty. The parties have acquired certain personal property during the course of
their marriage Including household furnishings, furniture, wedding gifts and other similar property, and
hereby agree that all personal property has been divided to their mutual satisfaction. It Is agreed that each
party shall retain all Items or tangible personal property currently In their possession as If It were their 50le
and separate property. Neither party shall make any claim to any Items In the other person's possession or
Items under the other person's control. Furthermore, each party agrees to waive any right, title, andlor
Interest he or she may have in and to the property bolonglng to the other. Should It become necessary, the
parties each agree to sign upon request, any titles or documents necessary to give effect to this paragraph.
6. ChlkLSupp!Jrl. The parties agree to modify their current Support Order dated December 30,
1996, through the Cumberland County Domestic Relations Olnce, Docket No, 606 S 97, PACSES No.
512000032. Attached hereto and marked as Exhibit "A" Is an Amended Support Agreement that shall be
Incorporated herewith.
7. AulSJlJl!Jbllti. There are no jointly titled automobiles. The parties agree to assume sole
responsibility for any liens or encumbrances on their respective vehicles, to Indemnify and hold the other
harmless with respect to such encumbrance, and further agree to waive any Interest they may have In end to
the vehicle of the other,
6. ~f1Jll1n--'nlLBttl,.mJlnLlBnofJtl, Each party shall retain as their sole and separate
property any Individual retirement account, and/or rellrement benefit plan (Including but not limited to
panslon or profit sharing plans, dererred compensallon plans, defined benerit plans, 401(k) plans, employee
savings and thrift plans, IRA's, or other similar benefits) now titled In their respecllve llames, whether vested
or non -vested. The above shall specifically Include a waiver or any spousal annuity benefits and/or
beneficiary deslgnallons thereunder, The parties understand that they have the right to review IStetements of
value regarding such accounts, however specifically waive the rtghtto do so. Furthermore, each party shall
be and remain the sole owner of any other asset In his or her control not specifically covflred by other
provisions of this Agreement. Should It become necessary, each party agrees to sign any other tllIe or
documents necessary to give effect to this section upon request or either party.
9. Checking end/or Savings Accou111l. All checking and/or savings accountlS have been
divided to the parties' mutual satlsracllon. The parties represent that there are no Joint checking and/or
savings accounts In existence.
10. Other Investment Accounll. The parties acknowledge and represent that there are no
other Investment Accounts of any kind, whether held jolnlly or Individually, In existence.
11. Mlmony. Spousal Support. AllmoTlY-P.endente Lite, Counsel Fees, Costs and
Expenses, Each party specifically waives any and all clalmlS against the other party for alimony, spousal
support, APL, counsel fees, and costs and expenses. This provision shall be effective upon the execution of
this Agreement, and If necessary, WIFE shall withdraw her action for spousal support with the Cumberland
County Domestic Relations Office. The child support action shall remain In full force and effect and all
outstanding arrear& on both the child and spousal support actions shall stand. HUSBAND shall pay such
arrears In accordance with the Amended Agreement for Child Support attached hereto and marked as
Exhibit "A".
12. Credit Card Debt. The parties acknowledge and represent that there are no joint credit
cards In exlstenca, nor Is there any Joint credit card debt to be divided. Any credit card debt in either party'lS
Individual name shall be the sole and exclusive responslblltty of that party.
13. MmJ;JlJ/ill1l1>>ua.OJlbl, Any debt not specifically listed In this Agrooment andlor Incurred oHer
the date of this Agreement sholl bo the 5010 und separate rcsponslblllly of the party who Incurred It.
14. Aglf1J1m~tJtexlJ~lIllJdVDlulllarJ/YlJlld.CIJlarIY UndlJratoDd, Each party to this Agreement
acknowledges and declares that I,e or she respectively:
A. If fully and completely Informed 05 to the faels relallng to the subJeot mailer of this
Agreement, and as to the rights and lIabllllles of both parties;
B, Enters Into this Agreement voluntarily, free from fraud, undue Influence, coercion or
duress of any kind;
C. Has given careflll and mature thought to the making of this Agreement;
D. Has carefully read each provision of this Agreement;
E. Acknowledges that there has been a full and fair financial disclosure by both parties,
and fully and completely understands each provision of this Agreement.
15. Release of All Clalm1J. Each party releases the other from all claims, liabilities, debts,
obligations, acllons and callses of action of every kind that have been or will be Incurred. Moreover, neither
party 15 relieved or discharged from any obligation under this Agreement or any Instrument or document
executed pursuant to this Agreement.
16. Jim1Jln!JJ)lho:]r_Par1Y_EIJl~-1lndJfarmlf)s~. HUSBAND hereby warrants to WIFE that he has
not Incurred and he hereby agrees that he will not hereaHer Incur any liability or obligation on which she 15 or
may be liable. If any claim or action 15 brought attempting to hold WIFE liable for any such liability or
obligation, HUSBAND shall. at his sole expense, defend WIFE against any such claim or acllon whether or
not founded, and he shall hold her free and harmless therefrom. WIFE hereby warrants to HUSBAND that
she has not Incurred and she hereby agrees that she will not hereafter Incur any liability or obligation on
which he 15 or may be liable. If any claim or acllon 15 brought attempting to hold HUSBAND liable for any
such liability or obllgallon, WIFE shall, at her sole expense. defend HUSBAND against any such claim or
action whether or not founded, and she shall hold him free and harmless therefrom.
17. Addltlona'-ln:;lrumfml:;, The pmtles sholl, on demond, execute nnd deliver 10 Ihe other, any
document, and do or couso to be dono, ony olher oct or thing thot may be necessory or desirable to
effocluolo the provisions nnd purposos of this Agreement. If either party falls, on domand, 10 comply with
this provision, thul plllty shull pay to Iho olher, all allorney's foes, costs (JIld othor expenses reasonably
illcllrred os a resull or SUell fallum.
10. Full Dlllclollur!J. Tho respective pOl1los do hero by warront, represent, and declaro, and do
oclmowledge nnd agree t1mt eacll Is ond has beon fully and completely informed of, and Is familiar with and
cognlZllnt or Ihe wllalth, Income, roal andlor personal property, whether jointly or Individually tilled, estate
and ossats of the other, ond t1lOt oach has made a full and complete disclosure to the othor of his and her
olltlre assets and lIabilltios, and any further enumeration or statemontthereof In this Agreement is hereby
specifically waived. The parties do not wish to make or append hereto any further enumeration or
statomont. Each of Ihe parties hereto furlhor covenants and agrees for himself or herself that his or her
heirs, personal representatives and assigns, Ihat he or she will never at any time hereafter sue the othllr or
his or her heirs, personal reprosentatlves or assigns, in any action or contention, direct or indirect, that there
was any absence or lock of full and proper disclosure. Further, both parties waive their right to have the
Invontory or financial disclosure statement of tho other all ached hereto.
19. R~lJrfJIlJJnljjtisJfl--'Jf-1il!LeiJrtl.fJ:;. WIFE Is represented by Johnson, Duffle, Stewart &
Weidner, In connection with tho negotiation and preparation of this Agreement. HUSBAND is represented
by William T. Smith, Esq. in connection with the negotiation and preparation of this Agreement. Each party
has carefully read this Agreement and Is completely aware of not only lIs contents but also of Its legal effect.
Each party acknowledges and accepts that this Agreement in the drcumstances If fall' and equitable, and
that it Is being entered Into freely and voluntarily, and at the execution of this Agreement Is not the result of
any duress or undue Influence, and that It Is not the result of any Improper or illegal Agreement andlor
Agreements.
20. WiJ.~Lf}'-Rlgh1:;JlL.JlihJJrhd~_~1iI1!J. Except as provided for herein, HUSBAND and
WIFE each waive any and all right:
A. To Inherit any part of the estate of the other at his or her death, except as provided
herein;
B. To receive property from Ihe estate of the othar by bequest or devise except under B
Will or Codicil dated subsequently to the elfectlve dale of this Agreement;
C, To act as personal representative 01 Ihe estate of the olher on Intestacy unless
nominated by another party legally entitled to 50 act;
D. To a~t as the personal representative under the Will of the other unless so Ilomlnated
by a Will or Codicil dated subsequently to the ellectlve date 01 Ihls Agreement;
E. To claim a family allowance In the estate 01 the other.
21. C.on1JJlnnlfmLoLEntllJ1llflCJJ!JmfinLHfirJ1/n. This Agreement supersedes any and all other
Agreements, either orol or In wl'lIlng, between the part/es relat/ng to the rights and liabilities arising out 01
their marriage. This Agreement contains the entire agreement 01 the parties.
22. earl/aLII/.valld/ty. If any port/on of this Agreement is held by a Court 01 competent
jurlsdlcllon to be invalid, void, or unenforceable, the remaining provisions shall, nevertheless, continue in full
force and effect without being Impaired or invalidated in any way.
23. Elt!Jr;t..of~~lJJlClliatl!Jn._J;.ohiJbi1al/Q~rJ)iY.!Jrce De,rJ1fi. The terms of this Agreement
shall be Incorporated Into any Divorce Decree which may be entered with respect to the parties. This
Agreement shall survive any such final judgment or Decree of Divorce. Both parties shall have all rights and
enforcement under applicable law Including the Pennsylvania Divorce Code. This Agreement shall also
remain In full force and effect even If the parties effect a reconciliation, cohabltate as Husband and Wife, or
attempt to effect a reconciliation.
24. Modification.
with Pennsylvania law and
Agreement.
This Agreement shall not be subject to modlficallon except as In accordance
with a writ/ng between both parties evidencing their Intent to modify the
25. N.o_W.iJiY.JjL.Q/..D9.faull. This Agreement shall remain In full force and effect unless and until
terminated under and pursuant to the terms of this Agreement. The failure of either party to Insist UPOIl strict
performance of any of the provisions of this Agreement shall not be construed as a waiver of Bny
subsequent default of the same or similar nature.
26. Attorneys Feu antLEJtJ1.1lJllJ, Each party shall be responsible for thalr own attorneys fees
and expenses.
27, MJmJJ~~allJJn, Each of the pertles shall, on demand, execute and deliver to the othar,
any deeds, bills of sale, quit claims, assignments, consents, tax returns, and other documents and do or
cause to be done any other acts or things as may be necessary or desirable to effectuate the provisions and
purposes of this Agreement. If either party falls on demand to comply with this provision, that party shall pay
to the other all allorney's fees, costs and other expenses reasonably Incurred as a result of such failure.
26, Bankruptcy. Each of the parties acknowledges and agrees that with respect to the lIabllllles
each Is required to assume and pay under the provisions of Ihls Agreement, each has the eblllty to fulfill his
or her respective obligations from Income or property not reasonably necessary to be expended for such
party's maintenance and support or for the maintenance and support of such party's dependents. Should
either party file a Petlllon under Title XI of the United Statas Code, or should a petition be filed against either
Involuntarily, each party acknowledges and agrees that the discharge of the debtor party's obligations under
this Agreement will not result In a benefit to the debtor party that outweighs the detrimental consequence 10
the non-debtor party or the non-debtor party's child or children,
29. Law of Pennsylvania AlJpllcab/e, This Agreement shall be construed In accordance with
tha laws of the Commonwealth of Pennsylvania.
30. Date of Agreement. The effective date of this Agreement shall be the date on which the last
party executes the Agreemantlf the parties do not execute the Agreement on the same date. Otherwise, the
effective date will be the date thet both parties execute the Agreement If they execute on the same date.
31. Successors and Assigns. This Agreement, except es otherwise expressly provided herein,
shall be binding on and shall Inure to the benefit of the respective legatees, devisees, heirs, executors,
administrators, esslgns and successors and Interest of the parties.
"
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