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HomeMy WebLinkAbout97-04978 " " ., II J ,I "II" ',I"I,:li ~ -,I ,,)'!hj~l~i _I,'" :t:/,'ii I l:l.,M !_,,"'j-'{";"':'!l :'i,l, ,,' ,-_.ii. ~lj " 11,:/""':"'\\*\/ j",,_',:';:':!,/~i!)(} ,I~' - "., "dlt f! ,J,:,I:,'.;I:r,: I,I'J>'!I' ,It !j,(r"J'jflj (',. I, i'," i).~_,f1i .,.)' ,!:,f<6+,,;!Jl i, I_ 11_[~1\~.~~ " j'. ,j:i:Hl/:U~ liH,:!,:"!:II,%~ I, I ~/,,' I :1JI~ 'I" 'i,I' P'I .~cI~; ,,' jj'lrl "I '] I 1,'1,'f ,qht" '/f'Jhu , i,'I'l.r','!!I, PIV;~I , :'_~I; 't ;~ IU , " 'I I, ,"I , I' , , ," '., ~ 'l { U ~ ~ U qt ~ " , " " ., ., " , I '\ " u " 'j'l .1 " , , , ,I I Ij ,1'1 'Iii! " (1:)11 "I,!.Jl ", , ,', , ' " 1,_lj I i I ~ " " ~ ,I I ~ t. '1 , , , HI, I. I I! d-' .' , ~ Cl E " ~ ~ c:O ~ 'I ' " ',' " 'i j-' ','! " " ., ,I , , , " ,-I i', '1,/', ',1,1 , I >.it " ;tl; q " ;1 " '''I ", c. " Ii " " / , , "I ," ,'I , , i ~ ,'j -;! ,. ;,1 ,I' .. " " 'i j " " 'l " ,\'1/ " , " " ' , ',: "I " .' and counllel of an att"rney with respect to the same. Husband further reprellllntll that he hall obtained legal advice from Dawn S. SundllY, Ellquire. Wife acknowledgell thllt she hall been informed of her right to be advilled by an attorney of her own choolling prior to entering into this Agreement and that she has counllulted with and obtained legal advice from Matthew Eshelman, Esquire. Wife further acknowledgell that she accepts this Agreement and that her acceptance is not bafled on any advice or reprellentation lllllde by Husband's counsel, Dawn S. sunday, Esquire, nor has any such advice and/or representation been given to wife by Husband's attorney. Both parties agree and acknowledge that they fully understand the factll upon which this Agreement is based, that they believe this Agreement to be fair and equitable, that this Agreement is being entered into freely and voluntarily by each of them, and that the execution of this Agreement is not the result of any duress or undue influence and that it is not the result of any collusion or improper or illegal agreement or agreements. 2. DISC".L(BlRE 0Ii' ASSE'l'S. The parties warrant that they have given a full, complete and accurate disclosure of all assets, of any nature, whether or not the assets were held jointly or in one name alone. The remedies available to either' party for breach of violation of this provision shall be those remedies available pursuant to law and equity including the right to punitive and compensatory damages. 3. PI!:RSCtiAL RIGIPl'S. Wife and Husband lllllY and shall, at all times hereafter, 11 ve separate and apart. Each shall be free from all control, restraint, interference and authority, direct or indirect, by the other. Each may reside at such place or places as she or he may select. &.lch may, tor her or his separate use or benefit, conduct, carry on or engage in any business, occupation, profession or employment which to her or him may se8m advissble. Wife and Husbsnd shall not molest, harass, disturb or malign esch other or the respective fsmilies of each other, nor cOl1ll8l or attempt to compel the other to cohabit or dwell by any means or in any lI1/IMer whatsoever with her or him. Neither party will interfere with the use, ownership, enjoyment or disposition of any property now OWlled by or hereafter acquired by the other. 4. ~ABLE DI5'.mIBllTICfi. This Agreement constitutes an equitable division of the parties I marital assets and liabilities. The parties have determined that the division of this property conforms with 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. Each party hereby acknowledges that this Agreement adequately provideS for his or her needs and is in his or her best interest. Both parties hereby waive the following procedural rights: A. The right to obtain an inventory and appraisement of all marital and separate property as defined by the Pennsylvania Divorce Code. B. The right to obtain an income and expense statement of the other party as provided by the Pennsylvania Divorce Code. C. The right to have the court determine which property is marital and which is norunarital, and equitably distribute between the parties that prQperty which the court determines to be marital. D. The right to have the court decide any other remedies, privileges, or obligations covered rights, by this Agreement, including but not limited to possible claims for divorce, spousal support, alimony, alimony pendente lite (temporary alimony), and counsel fees, costs and expenses. 5. IrnCUlR'1tD AND PBRStNAL 1'RClPfRl'!. Husband and Wife shall each retain all nonmarital personal property which he or she owned prior to their marriage. other than as set forth in this Agreement, Husband and Wife agree that their marital personal property has been divided to their satisfaction. The parties agree that t.hey shall retain all personal property in their respective possessions and waive all rights to personal property in the possession of the other party as of the date of execution of this Agreement. 6. ..:7l'(R VEllIa.E. Husband shall retain as his sole and separate property the 1996 Toyota along with all rights under any insurance policy thereon. Husband shall assume all responsibility for payment of the outstanding loan (in the approximate amount of $11 ,000.00) on the vehicle and the insurance premiums. Husband agrees to indemnify and hold Wife harmless fran any liability, cost or expense, including attorney's folieS incurred in connection with the vehicle transferred to Husband by the terms of this provision. wife agrees to execute, acknowledge and deliver any and all instruments or documents necessary in order to effectuate the transfer of the 1996 Toyota to Husband within 30 days of the execution date of this Agreement. 7. REi'IRI!IlI!m' Acoxm. Husband shall retain as his sole and aeparate property, free frc.:xn any claim by Wife, Huaband's 4Ol(k) Plan through hia employment at e.J. Wholeaalers, with a net balance as of September 30, 1997 of $4,567.20. 8. VISA BALANCE. Husband agrees to asaume sole reaponsibility for payment of the outstlmding VISA account belance in the approximate amount of $350.00. 9. LIABILITY NOr LISTED. ElIch party represents and warrants to the other that she or he has not incurred any debt, obligation or other liability, other than those described in this Agreement, on which the other party is or may be liable. A liability not disclosed in this Agreement, will be the sole responsibility of the party who has incurred or may hereafter incur it, and such party agrees to pay it as tho same shall become due, and to indemnify and hold the other party and her or his property harmless from any and all such debts, obligations and liabilities. 10. INDfJIfIFICATIaI OF WIFE. If any claim, action or proceeding is hereafter initiated seeking to hold wife liable for the debts or obligations assumed by Husband under this Agreement, Husband will, at his sole expense, defend wife against any such claim, action or proceeding, whether or not well,.founded, and indemnify her and her property against any damagell or loss resulting therefrom, including, but not limited to, costs of court and actual attorney's fees incurred by Wife in connection therewith. 11. INIlIlI'IlIFICATlaI OF 1IUSBl\ND. If any claim, action or proceeding is hereafter ini tiatoo seeking to hold Husband liable for the debts or obligations assumed by Wife under this Agreement, Wife will, at her sole expense, defend Husband against any such claim, action or proceeding, whether or not well-founded, and indemnify him and his property against any damages or loss resulting therefrom, including, but not limited to, costs of court and actual attorney's fees incurred by Husband in connection therewith. 12. WARRlINl'Y AS TO Ft1l'URE OOLIGl\TICIlS. Wife and Husband each represent and warrant to the other that she or he will not at any time in the future incur any debt, charge or liability for which the other, the other's legal representatives, property or estate may be responsible. Each party hereby agrees to indemnify, save and hold the other and his or her property harmless from any liability, loss, cost or expense whatsoever incurred in the event of breach hereof. 13. SUPF(Rl', ALDDlY, ALIK::f<< PmmmrE LIft. Husband and Wife hereby waive any dght or claim they may have, both now and in the future, against the other for spousal support, alimony or alimony pendente li te (temporary alimony). 14. MUTUAL COOPERATICIl. Each party shall on demand execute and deliver to the other any bills of sale, assignments, consents to change of beneficiary designations, tax returns, and other documents, and shall do or cause to be done every other act or thing that may be necessary or desirable to effectuate the provisions and purposes of this Agreement. If either party unreasonably fails on demand to comply with this provision, that party shall pay to the other party all attorney's fees, costs, anq other expenses actually incurred as a result of such failure. 15. CXXfiSEL FEES, OOSTS AND EXPENSES. Each party shall be responsible for he!: or his own legal fees, costs and expenses incurred in connection with their separation and/or thE! dissolution of their marriage, and the preparation and execution of this Agreement. 16. WAIVER OF BENEFICIARY DF.SI~ION. Unless otherwise specifically set forth in this Agreement, each party hereto waives any and all beneficiary rights in and to any asset, benefit or like program carrying a beneficiary designation which belongs to the other party under the ter.ms of this Agreement, and each party expressly states that it is her and his intention to revoke by the terms of this Agreement any beneficiary designdtions naming the other which are in ef.fect as of the date of execution of this Agreement. If and in the event the other party continues to be named as beneficiary and no alternate beneficiary is othervise designated, the beneficiary shall be deemed to be the estate of the deceased party. Notwithstanding the foregoing, however, in the event that either party hereto specifically designates the other party lIS a beneficiary after the date of execution of this Agreement, then this waiver provision shall not bar that party from qualifying as such beneficiary. 17. RBLBASB OF CLAIMS. A. Wife and Husband acknowledge and agree that the property dispositions provided for herein constitute an equitable distribution of their assets and liabilities pursuant to ~3502 of the Pennsylvania Divorce Code, and Wife and Husband hereby waive any right to division of their property except as provided for in this Agreement. B. Each party hereby absolutely and unconditionally releases and forever discharges the other and the estate of the other for all purposes from any and all rights and Obligations which either party may have or at any time hereafter has for past, present or future support or maintenance, alimony pendente li te , alimony, equitable distribution, counsel fees, costs, expenses, and any other right or obligation, economic or oth6rvise, whether arising out of the marital relationship or otherwise, including all rights and benefits under the Pennsylvania Divorce Code of 1980, its supplements and emendnents, as well IlIl under any other law of any other jurisdiction, except and only except all rights and obligations arising under this Agreement or for the breach of any of its provisions. Neither party shall have any obligation to the other not expressly set forth herein. C. Except as set forth in this Agreement, each party hereby absolutely and unconditionally releases and forever discharges the other and her or his heirs, executors, administrators, assigns, property and estate from any and all rights, claims, demands or obligations arising out of or by virtue of the marital relationship of the parties whether now existing or hereafter arising. The above release shall be effective regardless of whether such claim, arise out of any former or future acts, contracts, engagements or liabilities of the other or by way of dower, curtesy, 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 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, c:armonwealth or territory of the United States, or any other country. O. Except for the obligations of the parties contained in this Agreement and such rights as are expressly reserved herein, eech party gives to the other by the execution of this Agreement an absolute and unconditional release and discharge from all causes of action, clail1l8, rights or demands whatsoever in law or in equity, which either party ever had or now has against the other. 18. PRl!'.SBRVATIal or~. Each party will keep and preserve for a period of four (4) years from the date of their divorce decree all financial records rel~ting to the marital estate, and each party will allow the other party access to those records in the event of tax audits. 19. JlD)IPICATIal. No modification, rescission, or amendment to this Agreement shall be effective unless in wri ting signed by each of the parties hereto. 20. SEVERABILITl(. If any provision of this Agreement is held by a court of competent jurisdiction to be void. invalid or unenforceable, the remaining provisions hereof shall nevertheless survive and continue ill full force and effect without being impaired or invalidated in any way. 21. 1lREACH. If either party breaches any provision of this Agreement hereof, the other party shall have the right, at her or his election, to sue for damages for such breach, or seek such other remedies or relief as may be available to her or him. The non-breaching party shall be entitled to recover from the breaching party all costs, expenses and legal fees actually incurred in the enforcement of the rights of the non-breaching party. 22. WAIVER or 1lREACII. The waiver by one party of any breach of this Agreement by the other party will not be deemed a waiver of any other breach of any provi,ion of this Agreement. 23. APPLICABLE LAN. All acts contemplated by this Agreement shall be construed and enforced under the laws of the CorrmonwHlth of Pennsylvania in effect as of the date of execution of this Agreement. 24. DM'E OF EXECU'l'ICIl. The "date of execution" or "execution date" of thie Agreement shall be defined as the date upon which the parties signed the Agreement if they do BO on the same date, or if not on the same date, then the date on which the Agreement was signed by the last party to execute this Agreement. This Agreement shall become effective and binding upon both parties on the execution date. 25. QUJ:A.'WJ! CF REXXH:ILIATI(JiJ, CXl6ABITATICIl <E DIVCRCE. This Agreement shall remain in full force and effect and shall not be abrogated even if the parties effect a reconciliation, cohabit as husband and wife or attempt to effect a reconciliation. This Agreement also shall continue in full force and effect in the event of the parties' divorce. There shall be no modification or waiver of any of the terms hereof unless made in writing by the parties. 26. HEIlDINbS lCl' PART OF AGREI!JlFN.r. Any headings preceding the text of the several paragraphs and subparagraphs hereof are inserted solely for convenJ,ence of reference and shall not constitute a part of this Agreement nor shall they affect its meaning, construction or effect. 27. AGRmIE!N.l' BINDING CIl PARTIES AND IIEIRS. This Agreement shall bind the partiel! hereto and their respective heirs, executors, administrators, legal representatives, assigns, and successors in any interest of the parties. 28. I!N1'IRE AGREBMI.'Nl'. Each party acknowledges that she or he has carefully rllad this Agreement, that she or he has had a full and fair oppCllt'tunity to discuss its provisions with an attorney of her or his own choice and has executed it voluntarily. This instrument expresses the entire agreement between the parties concerning the subjects it purports to + I,' " " , , , , ,It "l, , , , , " " I , , " , , , , , ,I, , , ",' , , " , , I", , , , '-' ,,) ':.} ~. . , , ., .....; , "',) (:'J '. 'I " ~-q ,. to. , .. 1 ::... ;'.'] .... .- !, r) i'l , " 1 ;::'-'J , '.i..'") " ,.1 .(-) I"~ ,.i 'f~. ~ " ,I ,. , , (') II) (~ c: w " ;.~ ,:';If,' r ,~ J " ",'ql ;. :.~ i-t I~q ::'::1' , .,', "I) ." n , I U)~I.' t~ ': C') :' , ..,~ ~,\) , \ r'..~ \ .~.-" . ~- , ,-"1\ ,I:; t~) ~?-; \;( , r- I,:)(,'i . , ':.1 ~,.J :";1 ::> :''.] ,-<- ,::> -':. c' " , , , , , '", ,..... ';~-_p_~:':lt", . , , " ~ ~ ~ ~. ;0 "" ft ... >t, c:1 ~ Co<) ~ ~ , ,~ , ~ ," ,'-' . , n ~ ~ , ...1 " ~' a. ~ '1) I ., t'" a. ~~ J ' , ~T1 ,,1' ~ ,L l .". } 'l' .1,1) u.. "'" "1' ,1..,\ ~ :.'. '" ,., ~ .( ) ~ .) ,_)1\\ . , "'1 ".' ,- ',d ,..) ...; , , , 1 I, ' , ~ " . , , ' " " , , " " "I ',', .1, " , '" ,'., ,,' , , I, i I I, I I' , , , (:I' ,j+, , () I c W '\'1 I ~ >... I I I ",,~l : ," , " I ~ j~~ :,1:.' , l'l',j !il1 I".) 1!':J I 't'J'j 1<1 I , 'Tj /,,\1 , " ",,0- ,! ('~l , ,;,. , i ".. (:Jl'fl Ii ,,' ::) ::I ..,....' :J') ..~... (;:~ ..; " ',' .. " " '. t'.' , , " , , ," " " ,I, '\ , " " " " ',' " n ~ 1'11"'-1 \" . ,!~'. :- \ l~:":'l -e , ,;.C I ,.,~("1 ...t ~'.. , .'~J .<. .r" 0 ',(;') ',1' r,.., .J '", :'"1 .,- " ' ~) "') ,- l';"'J , . ) ,1, .'1) ~1 "1 , ,'II , ,. .t'., ,:'" J,ll .. ~-'I , ',. ::~ ~;'l I;:) -'. ... . ,. " " ,> " , ' (") , ,_.1:"1 17, " C ~.J.i, '1 .'" 11,- "I I _....,;"1 " '."r\ r:\','. ,- \'1-':-' , ;(;' , ~\3 \....l ~,r.; G] "I'b , , , "n I." ...-, " " ,. f" ~ I'; ') ;.1,1 . -Ill ,1-., .. ,C- ~)I )." '. ,. 'C) .::') Ij; , , -, f:J ..;. : 'i " , ~ I , , " , B. Thanksgiving/Easter: The parties shall alternate having custody of the Children on Thanksgiving and Easter at times to be arranged by mutual agreement of the parties. Mother's Day/~ather's Day: The Mother shall have custody of the Children every year on Mother's Day and the Father shall have custody of the Children every year on ~ather's Day. C. , D. The ~ather may have additional periods of custody with the Children over extended school holidays such as the Christmas and Spring break, as arranged by mutual agreement of the parties in coordination with the Father's work schedule. 5. The Father shall have custody of the Children for two nonconsecutive weeks during each sunmer school break, upon providing reasonable advance notice to the Mother. 6. In the event either party intends to remove the Children from his or her residence for an overnight period or longer, that party shall provide the other party with an address and telephone nurctJer where the Children can be contacted. 7. The parties shall immediately inform each other of any medical emergencies involving a Child or the Children which arise during that party's period of custody. 8. If a conflict arises between the regular and holiday custody schedules, the holiday schedule shall supersede the regular schedule. 9. The parties may modify the provisions of this Agreement/Order at any time by mutual agreement. In the absence of mutual consent, the terms of this Agreement/Order shall control. 10. The parties agree that the terms of this Agreement shall be entered as an Order of Court and that they shall be enforceable by the Court in the same manner and with the same effect as if a decision had been entered ^fter a full Hearing on the matter. IN WITNESS WHBRBOF, the parties hereto have voluntarily executed this Agreement on the dates indicated below. The parties request that the Court ente.. an Order approving and confirming the foregoing Agreement and incorporating the provisions of the Agreement as an Order of Court. 1( ~,,)/c;1 J~" ~ Date I otil:i2...-~--:~--=::=:'~:-' Date