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5.
It is the purpose and intent of this Agreement to settle forever and completely thc intercst
and obligations of the parties in all property that they own separately, and a\l property that would
qualify as marital property under the Pennsylvania Divorce Code, Title 23, Seclion 401(e), and
that is referred to in this Agreement as "Marilal Property", as between themselves, their heirs and
assigns. The parties have attempted to divide their Marital Property in a manner that conforms to
a just and fair standard, with due regard to the rights of each Party. The division of existing
Marital Property is not intended by the parties to constitute in any way a sale or exchange of
assets, and the division is being etl'ected without the introduction of outside funds or other
property not constituting a part oflhe marital estate.
It is the further purpose oflhis Agreement to settle forever and completely any obligation
under the Pennsylvania Divorce Code relating to spousal support or alimony.
6.
Each party represents and warrants that he or she has made a full and fair disclosure to the
other of all of his or her property interests of any nature, including any mortgage, pledge, lien,
charge, sccurity interest, encumbrance, or restriction to which any property is subject. Each
party further represents that he or she has made a full and fair disclosure of a\l debts and
obligations of any nature for which he or she is currently liable or may become liablc. Each
further rcpresents and warrants that he or she has not made any gifts or transfers for inadequatc
consideration of Marital Property wilhout the prior consent of the other.
Each Party acknowledges that, to the eXlcnt desired, he or she has had access to all joint
and separate State and Federal Tax Returns flied by or on behalf' of either or both Parties durinll
marrialle.
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7.
REAL ESTATE: WIFE will convey her interest in the marital real estate located at
1222 Pin Oak Drive, Mcchaniesburg, Cumberland County, Pennsylvania 17055 to HUSBAND,
HUSBAND will pay WIFE thc sum of Seven Thousand Five Hundred and nolloo ($7,500.00)
Dollars in consideration lor her intcrest in the marital property and other considerations
contained in this Marriage Settlement Agreement. Said paymcnt will be made within thirty (30)
days of the execution of this Marriage Settlement Agreement by WIFE. HUSBAND agrees to
relinance the existing mortgage into his sole name within sixty (60) days of the execution by
WIFE of this Agreement.
8,
DEBTS: HUSBAND wi\l be solely responsible for his own debts. WIFE will be solely
responsible for her debts.
9.
SPOUSAL SUPPORT: It is the mutual desire of the parties that HUSBAND will not be
required to pay support or alimony pendente lite to the WIFE for herself. WIFE will not provide
any financial support or alimony pendente lite to the HUSBAND. The parties also waive any
right they have to receive alimony payments from the other following the entry of the Divorce
Decree in this matter. Any child support will be as ordered by the Cumberland County Office of
Domestic Relations. Effective May I, 1999. the existing Order lor Alimony will be withdrawn
by WIFE with no arrearages and all obligations of HUSBAND for alimony pendente lite will
cease effective May I, 1999.
4
10.
PERSONAL PROPERTY: The parties agree that the personal property shall be divided
as follows:
HUSBAND shall receive the lollowing items:
a. The personal property in his possession, except as provided
to WIFE herein;
b. His bank accounts;
c. Any life insurance policy;
d. One-half(l/2) of the Mutual Fund with Mutual of Brotherhood
in the amount of Two Thousand Nineteen and no/loo
($2,019.00) Dollars; and
f. HUSBAND shall receive the balance of the 401-K with his
employer,
g. HUSBAND will receive from WIFE, the wedding band of
HUSBAND's great-grandmother.
WIFE shall receive the following items:
a, The personal property in her current possession, except
for the house keys in her possession and the wedding
band of HUSBAND'S grandmother;
b. Her bank accounts;
c. Any life insurance policy;
d. Her employee benelits and savings plan;
e. One half(l/2) of the Mutual Fund with Mutual Brotherhood
Securities Corp. in the amount of Two Thousand Nineteen
and no/I 00 ($2,019.00) Dollars. WIFE agrees to sign all
documents required to place said Mutual Fund in HUSBAND'S
sole name;
f. WIFE will receive the sum of Nine Hundred and no/I 00
($900.00) Dollars from the Life Insurance cash value;
&, WIFE will receive Ihe sum of Four Hundred and no/I 00
($400.00) Dollars from the joint savings account;
h. WIFE will receive the slim of Seven Hundred and no/loo
($700.00) Dollars for the joint checking account; and
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12.
PAYMENT OF DEBTS BY WIFE: Within thirty (311) days of the signing of this
Agreement, WIFE agrees to pay otI her automobile loan with Robert and ]01111 Leibundgut in the
amount of Eight Hundred Sixty and no/lOll ($8611.00) dollars,
13.
INSURANCE AND EMPtOYEE BENEFITS: The parties agree that any life
insurance policies on the lite of HUSBAND or WIFE or any other employee benefits, including
but not limited to retirement. profit sharing or medical benefits of either party, shall be their own.
WIFE waives all right, title and claim to HUSBAND'S employee benefits, and HUSBAND
waives all right, litle, and claim to any of WIFE'S employee benetits.
14.
BENEFITS AND BANK ACCOUNTS: WIFE agrees to waive all right, title and
interest which she may have in the savings or checking or any other bank accounts of the
HUSBAND. The HUSBAND agrees to waive all interest which he has in the bank accounts of
the WIFE.
IS.
DIVORCE: The panies both agree to cooperate with each other in obtaining a final
divorce of the marriage. It is agreed that the parties will execute and tile the consents necessary
to obtain the divorce. Any party who fails to cooperate with obtaining the Divorce shall pay all
the costs and legal fees of the party who Is seeking the divorce.
16,
BREACII: If either party breaches any provisions of this Agreement, the other party
should have the right, at his or her election, to sue for damages for such breach or seek such other
remedies or relief as may be available to him or her, and the party breaching this contract will be
7
responsible tor payment of legal tees and costs incurred by the other in enforcing their rights
under this Agreement.
17.
ADDITIONAL INSTRUMENTS: Each of the parties shall from time to time, at the
request of the other, execute, acknowledge and deliver to the other party any and all further
instruments that may be reasonably required to give full force and effect to the provisions of this
Agreement.
18,
VOLUNTARY EXECUTION: The provisions of this Agreement and their legal effect
have been fully explained to the parties by their respective counsel, and each party
acknowledges that the Agreement is fair and equitable, and that it is being entered into
voluntarily, and that it is not the result ohny duress or undue influence. 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 being entered into voluntarily, and that it is not the result of any
duress or undue influence.
19.
ENTIRE AGREEMENT: This Agreement contains the entire understandina of the
parties and there are no representations, warranties, covenants or undertakinas other than those
expressly set forth herein.
20.
APPLICABLE LAW: This Aareement shan be construed under the Laws of the
Commonwelllth of Pennsylvania.
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J.~.. K. Jon... IlICIulre
7lrvinc Row
Carlisle, PA 17013.3019
(7)\7) 240-0296
JUAN I a 1998
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JBNNIFBR D. LBIBUNOGUT,
petitioner
IN TIIB COURT OF COMMON PLEAS OF
CUMBBRLAND COUNTY, PBNNSYLVANIA
NO, 97-4859 CIVIL TBRM
v.
CIVIl. ACTION- -(.AW
JAMBS R. LBIBUNDGUT,
Respondent.
IN DIVORCE
PETITION FOR SPECIAL RELIBF..Atl1.l RULE TO l;jHOW CAUSE
TO PRESERVE MARlTAL ASSETS FROM DISSIPATION
1. petitioner filed a Complaint in Divorce in the above
matter on September 9, 1997.
2. Respondent has resisted the granting of a divorce on the
grounds that he wanted to try counseling before proceeding.
3. The parties' liquid tangible assets consist of the
following:
(a) a Dauphin Deposit Bank & Trust savings account with a
date of separation value of approximately $2.291.98;
(b) a Lutheran Brotherhood whole life insurance policy with
a net surrender value of approximately $1,467.57; and
(c) a Lutheran Brotherhood High Yield Mutual Fund (Account
No. 0007159197) valued at $1,978.28.
4. Since the time of separation. Respondent has closed the
Dauphin Deposit savings account and removed petitioner as benefi-
ciary of the whole life insurance policy without her consent or
knowledge.
5. Petitioner does not have any knowledge as to the current
statuD ot the dsseto formerly held jointly in the savings ac-
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JENNIFER D. LEIBUNDGUT,
Petitioner
IN THE COURT OF COMMON PLBAS OF
CUMBBRLAND COUNTY, PENNSYLVANIA
NO. 97-4859 CIVIL TBRM
v.
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CIVIL ACTION--LAW
JAMBS R. LBIBUNDGUT,
Respondent
IN DIVORCE
STIPULATION OF PARTIES RESOLVING PETITIONER'S
PETITION FOR SPECIAL RELIEF AND RULE TO SHOW CAUSE
TO PRBSERVE ~ITAL ASSETS FROM DISSIPATION
This stipulation, made this ,'~
day of February, 1998,
between the above parties, a statement of which follows:
WHERBAS, petitioner filed the above action on September 9,
1997; and
WHEREAS, petitioner filed a petition for Special Relief and
Rule to Show Cause to Preserve Marital Assets From Dissipation;
and
WHBREAS, this Court entered a temporary Order directing that
neither party shall make withdrawals from the parties' Lutheran
Brotherhood High Yield Mutual Fund, Account No. 0007159197, and
entered a Rule to Show Cause upon Respondent made returnable on
February 11, 1998, at 9:15 a,m,; and
WHBRBAS, the parties desire to resolve this matter without
the necessity of a hearing.
NOW THBRBFORB, the parties, intending to be legally bound
hereby, do stipulate and agree as follows:
1. Neither party shall make withdrawals from the parties'
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.JtJN ? 9 1999
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JENNIFER O. LEIBUNDGUT,
Petitioner
v.
IN THE COURT OF COMMON PLSAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 97-4859 CIVIL TERM
CIVIL ACTION.-LAW
JAMES R. LEIBUNDGUT,
Respondent
IN DIVORCE
STIPULATION OF PARTIES RESOLVI~ :ETITI~ERd S
pETITION FOR SPECIAL RELIEF AND R L TO Sp~Ti _AUSE
TO PRESERVE ~ITAL ASSETS FROM DISSI ON
This stipulation, made this ,~
day of February, 1998,
between the above parties, a statement of which follows:
WHEREAS, Petitioner filed the above a~tion on September 9,
1997; and
WHEREAS, Petitioner filed a Petition for Special Relief and
Rule to Show Cause to Preserve Marital Assets From Oissipation;
and
WHEREAS, this Court entered a temporary Order directing that
neither party shall make withdrawals from the parties' Lutheran
Brotherhood High Yield Mutual Fund, Account No. 0007159197, and
entered a Rule to Show Cause upon Respondent made returnable on
February 11, 1998, at 9:15 a.m.; and
WHEREAS, the parties desire to resolve this matter without
the necessity of a hearing.
NOW THEREFORE, the parties, intending to be legally bound
hereby, do stipulate and agree as follows:
1. Neither party shall make withdrawals from the parties'
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In the Court or Common Pleas or CUMBERLAND County, Pennsylvania
DOMESTIC RELATIONS SECTION
JINNIPBR LBIBUNDGUT ) Du.:kel Number 97 4859 CIVIL
Plalllllff ) 34810063Y"',f~ V:;
vs. ) PACSES Ca.'it Number
JAMBS LBIBUNDGtl'l' )
Defendanl ) Other Slale 10 Number
0J:dn
AND NOW to wit, this
JULY 1, 1999
it is hereby Ordered
that:
THB ABOVl CAPTIONED ORDBR 0' ALIMONY PBNDBNT LIT! IS T!RMINAT!D, WITH NO
BALANCB DUB, PURSUANT TO TH! PARTIIS' MARRIAGB SITTL!MBNT AGRBBMBNT. THIS
ORDBR IS BPPBCTIVI MAY 1, 1999.
BY THE COURT:
DROI U Shadd'lY
.xc: phlnt Iff
defend,lnt
P. i'hcd"'D'lld-'1..tthes, Esq.
M. McKnlght, Esq.
.'1,lled }-12-99!,. ORO
Servke TYf1e M
JUDGE
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form OE,OOI
Worker ID 21005
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