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HomeMy WebLinkAbout97-04816 " , ~ '1 ,i' 0 \1 ','1 ,I , ~ \l '1 o ~ " " " .' , I I , 'I, - . ~ .:) .. , I ~ " " , I /' " ," ., I' , }, II ;., i_J,l I' ,n " , , ... ~ ~.. r": (.: ". N I...,. Uf' , .1 i, n' ': h: (!... " , I ',' r ".'... '-':lI ,;' , e,.) LL 1:," ... , "'1' I, ~.' "~I"~ .... ~~' Lt_ ....-.J k_j (,.) , 11' U 0'\ , , " " ,II ." 1',1 ',I, " , I., " , i'l, ',' " ~ II p ., p ~ \.-i . ~ "- ., ~ ' , ..... .'... ... ..... - ~ ~ ~ " " >- ,.... fT- , j'!: LI: r:: .' I' ' .. j ('-!." \;',,1 ..' ~I" . ..... r l.c_ t,;,.;. . I' (11 r) t',t.1 I '. ...1 1.:...1 r_~ .- , I C, 'i"'"' l,t.. v. 1,:1- 0 r-. , 0' ,..:) U , ,_,l -,,1'_, Qo. .') Q , " 'J~ , , other party at such place or pi aces as he or she may lhlm time to time choose or deem lit. B, Each party shall be free lTom interference, authority and control. direct or indirect, by the otber. as fully as ifhe or she were single and unmarried Neither shall bother the other or compel or endeavor to compel tbe other 10 cohabit or dwell with him cr her. 3. MUTUAL RELEASE Subject to the provisions of this Agreement. each party has released and discharged, and by this Agreement does for himself or herself. and his or her heirs. legal representatives. executors. administrators, and assigns. release and discharge the other of and from all causes of action. claims. rights, or demands whatsoever in law or equity. which either of the parties ever had or now has against the other, except any or all cause or causes of action for divorce, 4, FULL DISCLOSURE The provisions of this Agreement and their legal effect are fully understood by each party to this Aweement, and each party acknowledges that the Agreement is fair and equitable, that it is being entered into voluntarily, and that it i9 not the result of any duress or undue influence. Husband and Wife each represent and warrant to the other that he or she has made a full and complete disclosure to the other of all assets of any nature whatsoever in which such party has an interest, of the sources and amount of the income of such party of every type whatsoever, and of all other facts relatina to 2 the subject mailer of this agreement HUSBAND represents that HUSBAND was represented by JAN L BROWN. ESQUIRE in reaching this Agreement. and WIFE represents that WIFE was not represented by counsel in reaching this Agreement Both panies represent that the terms of this Agreement have been fully explained to them by their respective counsel. or that they had the opportunity to obtain legal counsel and if legal counsel was not obtained the party without legal counsel represents that he or she fully understand the contents of this Agreement 5. EOUITABLE DIVISION By this Agreement, the panies have intended to effect an equitable division of their marital propeny. This division is not intended by the panies to constitute in any way a sale or exchange of assets, 6. SUBSEOUENT DIVORCE A. AGREEMENT NOT PREDICATED ON DIVORCE - It is specifically understood and agreed by and between the panies hereto and each of the said parties does hereby warrant and represent to the other that the execution and delivery of this Agreement is not predicat.:d upon nor made subject to any agreement for institution. prosecution. defense. or for the non-prosecution or non-defense of any action for divorce; provided. however. that nothing contained in this Agreement shall prevent or preclude either of the parties hereto from commencing, instituting or prosecuting any action or actions for divorce. either absolute or otherwise, upon just, legal and proper grounds; nor 3 to prcvent cithcr party from dclending any such action which has been, mayor shall bc instituted by the othcr party. or from making any just or proper delense thcrcto It is warranty. covcnanted and represcnted by Husband and Wile. cach to the othcr. that this Agrcemcnt is lawtill and enforceable and this warranty. covenant and representation is made for the specilic purpose of inducing Husband and Wile to execute the Agreement Husband and Wile each knowingly and understandingly hereby waives any and all possible claims that this Agreement is. for any reason, illegal or lor any reason whatsoever. unenforceable in whole or in part, Husband and Wite each do hereby warrant I covenant and agree that, in any possible event. he and she are and shall forever bc estopped from asserting any illegality or unenforceability as to all or any pl>rt of this Agreement B ENTRY AS PART OF DECREE - It is t.he intention of the parties that the Agreement shall survive any action for divorce which may be instituted or prosecuted by either party and no order. judgment or decree of divorce. temporary. tinal or permanent. shall allect or modify the linancial terms of this Agreement This Agrecment shall be incorporated in but shall not merge into any such judgment or decree of final divorce. but shall be incorporated for the purposes of enforcement only, C MUTUAL CONSENT DIVORCE - The parties agree and acknowledge that their maniage is irretrievably broken. that they do not desire marital counseling. and that they both consent to the entry ofa decree in divorce pursuant to 23 PaCSA Section 33f'I(c) Accordingly, both parties agree to forthwith exp.cute such consents. affidavits. or other documents and to direct their respective attorneys to forthwith file such consents. atlidavits. or other documents IS may be 4 necessary to promptly proceed to obtain a divorce pursuant 10 said 23 PaC,SA Section BOI(c) Upon requesl. to the extent pemlitt~'<I by law and the applicable Rules of Civil Procedure, the named defendant in such divorce action shall execute any waivers of notice or other waivers necessary to expedite such divorce, 7, DIVISION OF PERSONAL PROPERTY Wife agrees that all of the property in the possession of Husband shal: be the sole and separate property of Husband; and Husband agrees that all of the property in the possession of Wife shall be the sole and separate property of Wife, The parties do hereby specilically waive, release, renounce and forever abandon whatever claims. if any, he or she may have with respect to the above items which shall become the sole and separate property of the other, 8. DIVISION OF MOTOR VEHICLES With respect to the motor vehicles owned by one or both of the parties, they agree as follows: 1989 ORAND PRIX shall be the sole and separate property of HUSBAND subject to any loan on the vehicle and HllSBAND agrees to assume responsibility for and indemnifY and hold WIFE harmless therefrom. 1993 SUNBIRD shall be the sole and separate propeny of WIFE subject to any loan on the vehicle and WIFE agrees to assume responsibility for and indemnifY and hold HUSBAND harmless 5 therelrom The litle$ to lhe said motor vehicles shall be exe~uted by the parties. if appropriate. for ellectuating transler as herein provided, on the date of execution of this Agreement or at any time thereafter at the request of either party, If there is any loan. lien or en~umbrances against the 1989 Grand Prix, HUSBAND is solely responsible for such and indemnitY WIFE against for the Grand 9. DISPOSITlOO_Qf PROPEIITY From and after the dale of the signing of this Agreement. both parties shall have complete freedom of disposition as to his/her separate property and any property which is in their possession or control pursuant to this Agreement and may mortgage, sell. grant. conveyor otherwise encumber or dispose of such property, whether real or personal, whether such property was acquired before. during or after marriage, and neither Husband nor Wife need join in, consent to, or acknowledge any deed. mortgage, or other instrument of the other pertaining to such disposition of property, 10. DIVISION OF REAL PROPERTY Husband and Wife hereby agree and acknowledge that they own certain real pro perty located at 17 AL TONNA AVENUE, ENOLA. CUMBERLAND COUNTY, PENNSYLVANIA, as tenants by the entireties WIFE hereby agrees to convey all WIFE's right, title and interest in said property to HUSBAND, WIFE agrees to execute a deed or other instrument of conveyancing necessary to effectuate this transfer at the time of the execution of this document. 6 Both parties acknowledge and agree that the provisions of this Agreement providing for equitable distribution of marital property are fair, adequate and satisfactory to them and are accepted by them in lieu of and in filII and tinal seulement and satislaction of ally claims or demands that either may now or hereafter have against the other lor support. maintenance. alimony pendente lite or alimony, Husband and Wife furthcr. voluntarily and intelligently. waive and rclinquish any right to seek from the other any "ayment for support. maintenance, alimony pendente lite or alimony, 14, PENSION PROGRAM Each party hereto shall maintain sole ownership over his or her individual pension plan. profit sharing or similar retirement plan acquired individually or as the result of contributions by his or her employer. Wife hereby releases any interest that she has in the retirement benefits of Husband accumulated as the result of his employment by DDRE and any other additional benefits he may have accrued, Husband hereby releases any interest that he has in the retirement benefits of Wife accumulated as the result of her employment by PA BLUE SHIELD and any other additional benefits she may have accrued, This waiver is a full and complete discharge of each parties' marital claim, IS. MISCELLANEOllS All assets in.:luding. but not limited to, savings accounts, checking accounls., certiflcll" of deposit and life illsurance policies shall be the sole and separate property or the litle holder ofllicl 8 asset. The parties believe and agree. and have been so advised by their respective attorneys, that the division of property heretotore made by this Agreement is a non-taxable division of property between co-owners rather than a taxable sale or exchange of such property. Each party promises not to take any position with respect to the adjusted bas:.' of the property assigned to him or her or with respect to any other issue which is inconsistent with the position set forth in the preceding sentence on his or her federal or state income tax returns, The parties have heretotore tiled joint federal and state tax returns, Both parties agree that in the event any deficiency in tederaJ, state or local income tax is proposed. or any assessment of any such tax is made against either of them. each will indemnify and hold harmless the other from and against any loss or liability for any such lax ueficiency or assessment and any interest. penalty and expense incurred in connection therewith Such tax. interest. penalty or expense shall be paid solely and entirely by the individual who is finally determined to be the cause of the misrepresentations or failures to disclose the nature and extent of his or her separate income on the aforesaid joint returns. 12 GENERAL PROVISIONS A. WARRANTY AS TO EXISTING OBLIGATIONS. Each party represents that they have not heretofore incurred or contracted tor any debt or liability or obligation for which the estate of the other party may be responsible or liable except as may be provided tor in this Agreement. Euh party agrees to indemnitY or hold the other party harmless trom and against any and a1lsucb debts, liabilities. or obligations of every kind which may have heretofore been incurred by them, inl:1udlna 9 those lilr necessities, except Iilr the obligations arising out of this Agreement. B WARRANTY AS TO FUTURE ODU(iATIONS . Wile and Husband each covenant, warrant, represent and agr~'C that each will now and at all times hereafler save harmless and keep the other indemnified from all debts, charges, and liabilities incurred by the other after the execution date of this Agreement, except as may be otherwise specifically provided for by the terms of this Agreement and that neither of them shall hereafter incur any liability whatsoever for which the estate of the other may be liable C. SEVERABILITY -Ifany term, condition. clause. or provision of this Agreement shall be determined or declared 10 be void or invalid in law or otherwise, then only that term, condition, clause, or provision shall be stricken from this Agreement and in all other respects this Agreement shall be valid and continue in full force, ell'cct, and operation. Likewise, the failure of any party to meet his or her obligations under anyone or more of the paragraphs herein, with the exception of the satisfaction of the conditions precedent, shall in no way void or alter the remaining obligations of the parties D, OTHER DOCUMENT AnON. Wife and Husband covenant and agree that they will forthwith execute any and all written instruments, assignments. releases, satisfactions, deeds, notes or such other writings as may be necessary or desirable lilr the proper ellectualion of this Agreement. and as their respective counsel shall mutually agree should be so executed in order to carry out fully and etfectively the terms of Ihis Agreement. E, ENTIRE AGREEMENT. This Agreement contains the entire understanding oralie [0 parties. and there lire no representations, warranties. covenants. or undertakings other than those expressly setlorth herein. F. WAIVER OR MODIFICATION TO BE IN WRITING. No modilication or waiver of any of the terms hereof shall be valid unless in writing and signed by both parties and no waiver of any breach hereof or default hereunder shall be deemed a waiver of any subsequent default of the same or similar nature, G. MUTUAL COOPERATION. Each party shall. at any time and from time to time hereafter, take any and all steps and execute. acknowledge. and deliver to the other party any and all further instrum.;nts and/or documents that the other party may reasonably require fo~ the purpose of giving full force and elfectto the provisions of this Agreement. H, LAW GOVERNING. This Agreement shall be construed and governed in accordance with the laws of the Commonwealth of Pennsylvania. I. BINDING EFFECT - Except as otherwise stated herein. this Agreement shall be binding and shall inure to the benefit of the parties hereto and their respective heirs. executors. administrators. successors. and assigns. K. NO WAIVER OF DEFAULT" This Agreement shall remain ill lull force and eITect unless and until terminated under and pursuant to the terms of this Agreement. The failure of either party to insist upon strict performance of any of the provisions of this Agreement shall in no way affect the right of such party hereafter to enforce the same. nor shall the waiver of any breach of any 11 provision hereof be constmed as a waiver of any subSCtjuent delilUlt of the same or similar nature. nor shall it be construed as a waiver of strict perlormance of any other obligations herein K HEADINGS NOT PART OF AGREEMENT - Any heading preceding the text of the several paragraphs and subparagraphs hereof are inserted solely tor convenience or reterence and shall not constitute a part of this Agreemcnt nor shall they allect its meaning. construction. or effect. L ADDRESS OF PARTIES" Each party shall at all times keep the other informed of his or her place of residencc, and shall promptly notifY the other of any change. giving the address of the new place of residence M, WAIVER OF CLAIMS AGAINST ESTATES - Except as herein otherwise provided, each party may dispose of his or her property in any way. and each party hereby waives and relinquishes 3ny and all rights he or she may have or hereafter acquire. under the present or future laws of Pennsylvania or another jurisdiction, to share in the property or the estate of the other as a result of the marital relationship. including, without limitation. dower. curtesy. their statutory equivalents. widow's allowance. homestead rights. right to take in intestacy. right to take against the will of other. and right to act as administrator or executor of the other's estate. and each party will, at the request of the other, execute. acknowledge. and deliver any and all instruments which may be nec:essary or advisable to carry into effect this mutual waiver and relinquishment of all such interests. rights and claims. N. ATTORNEY'S FEES FOR ENFORCEMENT -In the event that either party breaches any provision of this Asreemcmt. and the other party retains counsel to assist in enforclnll the terms 12 .... ('f') >- ~ 1.; c: I " , .. : I' ,l .,;-., ( .,.. I H: " . ;:_\ " . ", i,,',' J.._: I L' I . 'I t) 'j L_ ~I , : (I- I' ~.; t'!'~ 1.1 \'- I \._i (.j"' U " , ... ' " "