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Home My WebLink About97-04960 :!,l. "I " ,\ " , , ij' i" ., \t ',';1 ,I , , \ , ,I 1','1 " I, , .3 , " .., ~ , , , " ./ , " , , " "I ,'i.' , , >0.. , t " '\ I" " , I', ..Q , , .~ ,1\ .. ~ , , ': 'Ii. H " ,. I' ,\ I . " I , , " , jL, 'I:.' 'i I ,.\ I, I .' , ,I " ,\ " 1\' I, H , , 'I I,' H , I" :j " " 'Ii ,\ ". , ,. .' " ",I I' d ". , , Ii , ; , , , 'i " " , ..' '" , , i,t ", { ... ~ "",' . - . .. .~ <:J , ' ,1' " " ,I" I,' ,'" .' " i'l ," , , , 'I .., , " ,'i ;, i , , ., , , ./ I, , , ", " "I I , , ' " "; 'I':ri ,. " ',' .!, .; , ~ ;"~:i " ,i", W ,I ~I,'i , .'f j ,:' ;':jf~ , ,:,'1:I,j'~~f , ;\11 'I ,,'L}-!1 "", , ,'j~ I ,~",. i},l~ L!j ,,~i;<~ "";,.'l,.~,,, _'J ,'It'J , H.i , i'Jr I ,/t.,ll '~ ,'" '.'i:I'~~ ~,(.~~ ,,~ ,;',\\, , .' i~;, Ii' ,,:~ '" }i'l \" >I' :\ " \' 2. The settling of all matters between them relating to past, present and future support, alimony and/or maintenance of Husband by Wife or Wife by Husband; 3. In general, the settling of any and all claims and possible claims by one egalnstthe other or against their respective estates. NOW THEREFORE, In consideration of the premises and of the mutual promises, covenants and undertakings hereinafter set forth and for other good and valuable conslderalio~, receipt of which Is hereby acknowledged by each of the Parties hereto, Husband and Wife, each Intending to be legally bound hereby, covenant and agree as follows: 1. AGREEMENT NOT PREDICATED UPON DIVO~: It Is specifically understood and agreed by and between the Parties hereto, and each of the Parties does hereby warrant and represent to the ot.her that the execution and delivery of this Agreement Is not predicated upon nor made subject to any Agreement for the Institution, prosecution, defense or for the non-prosecution o~ non-defense of any aclion for divorce; provided, however, that nothing contained In this Agreement shall prevent or preclude either of the Parties hereto from commencing, Inslitutlng or prosecuting any action or actions for divorce, either absolute or otherwise, upon Just, legal and proper grounds. nor to prevent either party from defending any such action which may, has been, or shall be instituted by the other Party, or from making any just or proper defense thereto. - 2- business, occupation, profession or employment which to him or her may seem advisable. This provision shall not be taken, however, to be an admission on the part of either Husband or Wife of the lawfulness of the causes which led to, or resulted In, the continuation of their living apart. Husband and Wife shall not molest, harass, disturb or malign each other or the respective families of each other, nor In any way Interfere with the peaceful existence, separate and apart from the other, nor compel or attempt to compel the other to cohabit or dwell by any means or In any manner whatsoever with him or her. 6. MUTUAL RELEASE: Husband and Wife each do h.areby mutually remise, release, quit claim, and forever discharge the other In the estate of such other, for all time to come, and for all purposes whatsoever, of and from ,any and all rights, tllles and Interests, 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, or whatever nature and whatsoever situate, which he or she now has or at any time hereafter may have against such other, the estate of such other, or any part thereof, whether arising out of any former acts, contracts, engagements or lIabilitfes of such other, or by way of dower or curtesy, or widows or widowers rights, family exemptions or similar allowance, or. under the intestate laws, or the right to take against the spouse's will; or the right to treat a lifetime conveyance by the other as testamentary, or all other rights of a surviving spouse to participate in a deceased spouse's estate, whether arising under the laws of Pennsylvania, any state, commonwealth or territory or the United States, or any other .4. <' country, or any right which Wife may have or at any time hereafter have for past, present or luture support of maintenance, alimony, alimony Dendente lite, counsel fees, costs or expenses, whether arising as a result of the marital relation or otherwise, except, and only except, all rights end agreements and obligations of whatsoever nature arising or which may arise under this Agreement or for the breach of any thereof. It Is the Intention of Husband and Wife to give each other, by the execution of this Agreement, a full, complete and general release with respect to any and all property of any kind or nature, real, personal or mixed, which the other now owns or may hereafter acquire, except and only except all rights and agreements and obligations of whatsoever nature arising or . which may arise under this Agreement or for the breach of any provision thereof. 7. PERSONAL PROPERTY: Husband and Wife do hereby acknowledge that they have divided the marital property on September 1, 1997, Including, but without limitation, jewelry, clothes, furniture and other "Jersonalty and hereafte,r Husband agrees that all the property in the possession of Wife on the date of this Agreement shall be the sole, separate property of the Wife; and Wife agr'ges that all of the property In the possession 01 the Husband on the dale of this Agreement shall be the sole, separate property of Husband; irrespective of the foregoing provisions, Husband hereby agrees, to set over, transfer and assign all of his right, title and interest to those personal effects and items of personalty that are more fully described in Schedule "A," which has been annexed herelo and made a part hereof and which shall become the sole property of Wife with the right to remove same from the marital premises or from wherever located, - 5- ,.' I il'~ I" ,..... b. 1989 Chevrolet Corsica to be the sole and exclusive property of Husband. This vchicle was Husband's prior to the . I , ; marriage. The titles or lease agreements to said vehicles shall be exccuted by the parties, if I ti ~ appropriate, for effectuating transfer as hcrein providcd on the date of execution of this Agreement and said executed titles shall be delivered to the proper party on the distribution date. For purposes of this Paragraph'the term "title" shall be deemed to include "power of attorney" if the title or lease agreclllentto the vehicle is unavailable I i I 1 I I due to financing arrangements or otherwise. In the evcnt any vehicle is subject to a lien or encumbrance the party receiving said vehicle as his or her property shall take it subject to said lien and/or encumbrance and shall be solely responsible therefor and said party further agrees to indemnify, protect and save the olher party hannless fmm said lien or encumbrance. Elich of the parties hereto does specifically waive, release, renounce and . J forever abandon whatever righI, title and interest he or she ma~ have in the vehicle(s) that shall become the sole and separate property of the other pu/'Suantto the tenns of the :1 I ,I , Paragraph. IO,I!IVISION OF REAl. ESTATE AND CASH PAYMENT: The parties are the owners of a house situated and located at J 34 Lancaster boulevard, Mechanicsburg. " I" Cumberland County, Pennsylvania, The said real estate is subject to a sales contract with " I,I! , dj "I Sandra Basehore for a total sale price of $110,000, Said sale has been approved .7. I' '/:t 'I Iii by the Bankruptcy Court of the Middle District of Pennsylvania In the bankruptoy of Husband, Case No. 1-97-01203. If the sale of the residence occurs pursuant to the Agreement of Sale and Order as aforesaid, expenses shall be paid out of the sale In accordance with aforesaid Order. The remaining balance shall be distributed as follows: I. Any expenses Incurred related to the property after January 1,1998, Including but not limited to, mortgage paym.ents, taxes and Insurance (whether or not actually paid or due and owing) shall be deducted from the proceeds. II. The parties stipulate that the value of Wife's vehicle Is $8,425.00. The amount owed on the car loan on this vehicle Is $2,300.00. Therefore, the net value of the vehicle Is $6,125.00. In retllrn for Husband relinquishing his Interest In this asset, Husband shall receive additional monies from the net proceeds from the sale of the house equal to one half of the value of said asset. III. Wife has an IRA worth $943.00. In return for Husband relinquishing his Interest In said assets, Husband shall receive additional monies Il'om the net proceeds of lhe sale of the house equal to one half of the value 01 said assets. Iv. Husband has an IRA with a value of $3,541.96. In return for Wife relinquishing her Interest In this asset, Wife shall receive additional monies from the net, proceeds of the sale of the house equal to one hall of the value of said asset. v, Husband and Wife jointly own a Dreyfus bond fund with a value of $362,00. Husband shall transfer his Interest In same to Wife. In return for Husband relinquishing his interest In this asset, Husband shall receive additional monies from the - 8. homeowner's insurance and mortgage escrow for talCes shall be divided equally between viii. The parties agree IhalllllY refunds due frolll overpayment of the parties after Wife is reimbursed by Husband $477.09 from his half, for the cash advance and charges by Husband on Mid Penn Bank VISA account number 43 13040020014320. interest payments on their federal income tax relum. iv. Each party shall be entitled to claim one-half of the 1997 mortsasc 1',1' : ') r I , I 11 -9(8). .---....... ,~I~ : LV 16. WARRANTY AS TO EXISTING OBLIGATIONS: Each Party represents that they have not heretofore Incurred or contracted for any debt or liability or obligation for which the estate of the other Party may be responsible or liable except as may be .,:1 provided for In this Agreement. Each Party agrees to Indemnify or hold the other Party harmless from and against any and all such debts, liabilities or obligations of every kind which may have heretofore been Incurred by them, Including those for necessities, except for the obligations arising out of this Agreement. 17. WARRANTY AS TO FUTURE OBLIGATIONS: Husband and Wife each , , covenant, warrant, represent and agree that each will no'1" and at all times hereafler save , ' harmless and keep the other Indemnified from all debts, charges and liabilities Incurred by the other since September 1, 1997, 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 of which the estate of the other may be liable. . ,,' 18. WAIVER OF ALIMONY. SUPPORT AND MAJH.1&NANCE: Husband and .. Wife do hereby waive, release, and give up any rights they may respectfully have against the other for alimony, support, or maintenance. It shall be from the date of this, Agreement the sole responsibility of each of the respective parties to sustain themselves without seeking any support from the other party. Parties hereby aCknowledge that by this Agreement each has respectfully secured and mellntalned a substantial and adequate - 12. . -,;'.., ,./.1', or more of the paragraphs herein with the except/on of the sallsfacllon of the conditions precedent, shall In no way void or alter the remaining obligations of the Parties. 28, NO WAIVER OF DEFAULT: 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 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, riOI' shall the waiver of any subsequent default of the s,ame or similar nature, nor shall It be construed as a waiver of strict performance of any other obligations herein. , 29, BREACH: If for any reason either Husband or Wife falls to perform his or her obligations hereunder to the other spouse, and the other Spouse incurs any expense hereby (Including but not limited to 'egal fees and costs) in enforcing his or her rights, the non-breaching party shall have the right, at his or her elect/on, to s,ue In law or In equity to enforce any rights and remedies which the party may have and the spouse who failed to perform the obligations agrees to Indemnify the other spouse and hold him or her harmless from any and all such expenses. 30. HEADINGS NOT PART OF AGREEMENT: Any headings preceding the text. of the several paragraphs and subparagraphs hereof are inserted solely for the convenience of reference and shall not constitute a part of this Agreement nor shall they effect Its meaning, construction or effect. - 16. " ., ,I I: " II n " ' , . l , , ~.tf" : SCHEDULE "A" Wife's Perllonal ProDertv Lamp (Master Bedroom) Bird Picture Various Knickknacks (Master Bedroom) Pictures (Master Bedroom) Twin Bed (Spare Bedroom) Dresser (Spare Bedroom) Night Stand (Spare Bedroom) Alarm Clock (Spare Bedroom) Bookcase (Spare Bedroom) Nordic Track Desk (Office Room) Hiking Equipment Lamp (Office Room) Stereo (Living Room) Glass Front Piece to Wall Unit Painting (Living Room) Sofa (living Room) Pictures (Living Room) Various Knickknacks (living Room) 8 Place Setting LenQX China Bird Tea Set 8 Crystal Glasses 8 Drinking Glasses 2 Crystal Candlesticks Lenox Cake Dish Crystal Bowl Crystal Dolphin Wine Decanter/Glasses Lenox Bud Vase Lenox Heart Bowl Norltake Vase Photos Sewing Machine Candleholders/Candles (Dining Room) 2 Dried Flower Arrangements (Dining Room) Various Service Pieces (Dining Room) Thanksgiving Tablecloth/Napkins 2 Corded Telephones Good Silverware Popcorn Popper Radio (Kitchen) Various Mugs, Glasses, Cups Baking Supplies Mixer Food Processor Knife Set Cookbooks Mug Rack Picture (Kitchen) Various Tea Towels, Etc. Various Utensils One End Table (Family Room) Lamp (Family Room) Green Afghan Leaf Sculpture Various Candies/Knickknacks (Family Room) Pink Silk Tree Pictures/Frames (Family Room) Various Cassette Tapes Elnbroldered Pictures Month Wall Hanging Plants. Baskets Christmas Decorations Piano Family Heirlooms: Mother's Paperweights Great Grandmother's Sewing Machine Grandmothel's Sliver Serving Pieces Mirror Grandmother's Bowl Watering Case Scale Grandmother's Cupsrrea Set . ,.' Dog: Jake H.l!t,,,,,,lItlkl COUHTY CUMBERLAND " HAMI ,,,,,,,, CI)"'I,N,}NV.IAllI'l'fI~Ui'I"HIIMjIA tI,'A"'loIINI0' '1I!AlIH vnAL AICORDI DIVORCI! Q RI!CORD OF OR ANNULMI!NT (CHECK ONE) 0 HUSBAND (MIddI.' (LU'I fI OAT' 0' BIATH S'." 4, PlAtI CO BIRTH 1. UIUAL OCCUPAUOH JOSEPH P. WINBERRY ,. AISIOINeI SI,.., Of R.D. Ci'M 10m Of ntp, Count)' 30 GLENVIEW DR DILLSBURG PA 17019 5, NUMIlA 0' THIS MAARIAOI 1 5, AAeI WHITI Kl .. MAIOIN NAMl (""'I BLACK o OHIIA ISpeclP)lI o WIFE optometrist (MIddI., (L,,,, t, OAT' "" BIRTH Sr.,. II. PLACI CO BIRTH 14. U'UAL OCCUPATION PAULA ANN BRACKEN 10. AISIOINeI S".., or RD. C"." Boro. Of .,."" 392& SUFFOLK CIRCLE LEXINGTON KY 12. NUMB!R CW THIS MARRIAGE 1 . RACI WHITE {] ii '\.ACIOf' THIS MAARIMI NUMBER Oil' CHILDREN THIS MARRIAGE 0 (Counf'(1 OAKLAND NJ t1A. 171. NUMBIR CII' DIPINDINT CHILDAIN UNOIR " o MRI specialist I'. CATI Oil' ,Mon1i ID'YI "~=:~I 10 14/89 It. OICAII QRANTlD TO HUSBANC W"I OTHaR (151*1,.,' KJ 0 0 COlIllt)' 40515 BLACK o CTHIR(SplCl~1 o (SI,,, Of '0fW1r/ft Counl"" I'. PLAINlI" HUSIAND WI" tJ 0 ,", HUMBlf'. C, HUSBANC WI" SPLIT CUSTOOV OTHIAIS~fP)l' CHILDREN TO 0 0 0 CU8TOClV 0' NA n, DATI Of' DICAII (Monthl (allYl IWI", ", 81r,1NATUN 0' TRANSCRIBING CLIRK 17- 1?~i) lUAU 'ILl NUMBIA 8TAlI ml DATI tAbtllll (0", 4/25/57 (S""Of'"""COlHtIr)1 Passaic, NJ - (Afon,,,, to.YI 3/2G/58 ($1.,. Of 'Ofllgn COUrt''''' Carlisle .." ~ 21. 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