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DECREE IN : i ANDNow,~DB~~~,~{6 i1:~d:.~~A; _ decreed that.. . , . :J~~, ~:. ~~,es, .... . , , , .. .. .. .. .. .. .. .. .. .. ... plaintiff, ~ _ and............. ..R'?t;>E:~~ .'!~ ,-!''?r:'77... '" ,..................... defendant, ~ . are divorced from the bonds of matrimony. ~ : The court retains jurisdiction ot the following claims which have J ~ been raised of record in this action for which a final order has not yet i . been entered; · . . .~~ ,~~~~~~ .s~~~~~':~,~7~~~. o~, ~~~, ~,rt.i:,s.', ~,t.e? .~~ .4.', .1?~~,. .~~uant . : .~Q .~cp;qg~qW ,:?1 . tb~twf, ~9, (Jl'nJpy, ~11~;rpp,r""t~, .i11, .ti\i.s. Pi,v:qr:c;e: ,QElc;r:~. .lNt is . 11II not rrerged therein. · ; - ~ p. J, : . : II Prolh~~~I.~Y'" .' t,-... .. __.. .. .. ".- ......... ~- ...~";...--... .. -... .. .- ..:J ' " l.) .J /, I, ,. ( i, , I I I / I, , , , :. 'c I:. , . ) C) t"J' (~J ", '","-', U) . Z 0 ~ It: ; <( ~ g .J ....~ oA.~o( l.6ul/) " ~ .J ; w oJ 0 z I&J VI a: ~ . 0 o ~ ~ oJ . <( ~ . U' Q is ~ :r! '" z ~ 0( '" :; ~ ~ z OJ) I 0 z ~ z ~ ... I 0. ,. ~ ci o 0: z :.l - CD ~ OJ) ,., it 0: <( l: an admission on the part of either party of the lawfulness or unlawfulness of the causes leading to their living apart. 2. INTERFERENCE. Each party shall be free from interference, authority, and contact by the other, as fully as if he or she were single and unmarried except as may be necessary to carry out the provisions of this Agreement. Neither party shall molest the other or attempt to endeavor to molest the other, nor compel the other to cohabit with the other, or in any way harass or malign the other, nor in any way interfere with the peaceful existence, separate and apart from the other. 3. WIPE I S DEBTS. Wife represents and warrants to Husband that since the separation she has not and in the future she will not contract or incur any debt or liability for which Husband or his estate might be responsible and shall indemnify and save harmless Husband from any and all claims or demands made against him by reason of debts and obligations inr.urred by the Wife prior to the date of the delivery of this Agreement, and all further debts incurred by the Wife from and after the date of delivery hereof, shall be the Wife'S individual responsibility. 4. HUSBAND'S DEBTS. Husband represents and warrants to Wife that since the separation he has not and in the future he will not contract or incur any debt or liability for which Wife or her estate might be responsible and shall indemnify and save harmless Wife from any and all claims or demands made against her by reason of debt~ or obligations incurred by him. Husband acknowledges and 2 agrees that all debts and obligations incurred by the Husband prior to the date of the del i very of this Agreement, and all further debts incurred by the Husband from and after the date of delivery hereof, shall be the Husband's individual responsibility. 5. JOINT DEBTS. The joint debts of the parties shall be separately treated in a subsequent paragraph entitled REAL pROPERTY. 6. MUTUAL RELEASE. Subj ect 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 cauoes of action for divorce and except for any or all causes of action for breach of any provision of this Agreement. 7. DISCLOSlmE OF PROPERTX. Husband and Wife acknowledge and agree that they have made a full and complete disclosure to the other of all intormation pertaining to the parties' separat~ and marital property owned, possessed and/or controlled by the other at the time of the separation of the parties. 8. DIVISIO~ OF PERSONAL PROPERTY. The parties agree that the articles of personal property which they had previously owned and utilized as marital property shall hereafter be the sole and separate property of the party who presently has possession of such 3 personal articles, to wit c all personal property presently in the possession of Husband shall be and remain his personal property, and, all persona.l property presently in the possession of Wife shall be and remain her personal property. 9. BANK ACCOUNTS. The parties have previously divided between themselves, to their mutual satisfaction, all banking accounts previously maintained by them, either jointly or separately, during their marriage. The parties agree that all banking accounts presently in the sole name of Husband shall be and remain his banking accounts, and, all banking accounts presently in the name of Wife shall be and remain her banking accounts. 10. AUTOMOBILES. Any automobile presently titled in the nanle of Husband shall be and remain his sole asset, and, any automobile presently titled in the name of Wife shall be and remain her sole asset. Husband shall be responsible, hereafter, for securing such insurance as he deems necessary for his automobile, and Wife shall, likewise, have the same responsibility with regard to her automobiles. A motor scooter located at the marital home shall be and become the sole and separate property of Husband and, if such is required, Wife agrees that she shall cooperate in the execution of any document of transfer necessary to provide for the transfer of title to the said motor scooter to the sole name of Husband. 11. REAL PROPERTY. The parties are the joint owners of real estate known as 30 Wagner Road, Middlesex Township (Carlisle), CUmberland County, pennsylvania. Said real estate is estimated by 4 the parties to have a valu'i! of approximately $91,000, but is subject to two mortgage debts held by Financial Trust Services of Carlisle, pennsylvania, to witc a purchase money mortgage loan and a home equity loan, which, together, have an approximate, principal balance of $58,000. In addition, the parties acknowledge an unsecured indebtedness to the grandparents of Husband in the approximate sum of $20,000, said indebtedness having been incurred at the time the parties purchased the aforementioned marital home. Husband agrees that he shall enter into a refinancing of the existing mortgage indebtedness to Financial Trust Company (the purchase money mortgage and the home equity loan), and shall thereby cause said mortgage loans to be paid in full, thereby eliminating any liability of Wife thereon. In addition, Husband agrees that he, alone, shall be liable to and responsible to his grandparents for the repayment of the aforementioned loan, and shall indemnify and hold harmless wife from any further liability or responsibility with regard thereto. In exchange for the foregoing, and in coordination with the refinancing efforts of Husband, Wife agrees that she shall execute a del!!d, together with Husband, for the purpose of transferring to the sole name of Husband title to the aforementioned real estate. 12. RETIREMENT ACCOUNT. WHe is employed by The Maryland Commercial Insurance Group and, as a fringe benefit of her employment is a participant in a pension plan, a savings benefit plan, and a profit sharing plan maintained for employees by her 5 said employer, all of said accounts of wife having an approximate present cash value of $4,000. Husband presently has no retirement accounts at his disposal. The parties agree that the retirement accounts of Wife, herein identified, shall be and remain the sole and exclusive property of Wife. Husband hereby agrees that, if such should become necessary, he shall execute any documents as may be required to evidence his waiver of any interest in any of the aforementioned retirement accounts. 13. SPOUSAL SUPPORT. AI,IMONY. ALIMONY PENDENTE LITE. COUNSEL FEES AND EXPENSES. Both parties hereby waive and relinquish any right which each of them may have to seek or to receive from the other party the payment of any sums of money as spousal support, al imony, al imony pendente lite or counsel fees and expenses. Wife acknowledges that she has caused to be instituted the presently. pending action in divorce in the Court of Common Pleas of Cumberland County and agrees that she, alone, shall be responsible for her attorney's fees and all Court costs associated with said divorce action. 14. BREACH. If either party breaches any provision of this Agreement, the other party shall have the right, at his or her election, to sue for damages for such breach, and the party breaching this contract should be responsible for payment of legal fees and costs incurred by the other in enforcing their rights under this Agreement, or seek such other remedies or relief as may be av~ilable to him or her.. 6 15. ENTIRE AGREEMENT. This Agreement contains the entire understanding of the partip.s and there are no representations, warranties, covenants or undertakings other than those expressly set forth herein. 16. MODIFICATION AND WAIVER. The modification or waiver of any of the provisions of this Agreement shall be effective only if made in writing and executed with the same formality as this A.greement. The failure of either party to insist upon strict performance of any of the provisions of this Agreement shall not be construed as a waiver of any subsequent default of the same or similar nature. 17. DESCRIPTIVE HEADINGS. The descriptive headings used herein are for convenience only. They shall have no effect whatsoever in determining the rights or obligations of the parties. 18. INDEPENDENT SEPARATE COVENANT. It is specifically understood and agreed by and between the parties hereto that each paragraph hereof shall be deemed to be a separate and independent covenant and agreement. 19. APPLICABI,E LAW. This Agreement shall be construed under the laws of the Commonwealth of pennsylvania. 20. VOID CLAUSl;i. If any term, condition, clause, or provision of this Agreement shall be determined or declared to be void or invalid in law or otherwise, then only that term, condition, clause or provision shall be stricken from this 7 Agreement, and in all other respects this Agreement shall be valid and continue in full force, effect and operation. 21. ENTRY AS PART OF THE DECREE. Wife has initiated an action in divorce under Section 3301~ or 3301{d) of the Pennsylvania Domestic Relations Code, filed in Cumberland County to No. 97-5263 Civil. It is the intention of the parties that the within Agreement shall survive the aforementioned action for divorce, and that no order, judgment or decree, temporary or interlocutory, final or permanent, shall affect or modify the financial terms of this Agreement. Both parties agree to execute Affidavits of Consent for the purpose of entry of a Divorce Decree under Section 3301~ of the Pennsylvania Domestic Relations Code. This A~reement shall be made part of any such judgment or decree of final divorce, but shall not be merged therein. Wife agrees to provide to Husband, at her expense, a certifJ.ed copy of the final Decree in Divorce. 22. VOLUNTARY EXECU'l'ION. Wife acknowledges that Carl G. Wass, Esquire, has served as legal counsel to her in connection with the pending divorce action and in the preparat.ion of this Marriage Settlement Agreement. Husband acknowledges that William C. Costopoulos, Esquire, has served as legal counsel to him in connection with the pending divorce action and in the preparation of this Marriage Settlement Agreement. Both parties do acknowledge and declare that each does understand the full legal effect of this Agreement, especially with regard to the fairness and equitable 8 JANE 1<. JONES, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No. q 7. .'1.1 I.. j e...;..'../ T~.~ vs. ROBERT J. JONES, Defendant CIVIL ACTION - LAW IN DIVORCE COMpLAINT UNDER SECTION 3301(c) OR 3301(d) OF THE DOMESTIC REI,ATIONS CODE 1. Plainti ff is Jane 1<. Jones, an adult individual who resides at 4172 Antelope Court, Apartment 113, Hampden Townshfp, (Mechanicsburg), Cumberland County, Pennsylvania, 17055. 2. Defendant is Robert J. Jones, an adul t individual who resides at 30 Wagner Drive, Middlesex Township (Carlisle), Cumberland County, pennsylvania, 17013. 3. Both the Plaintiff and the Defendant have been bona fide residents of the Commonwealth of pennsylvania for at least six months immediately previous to the filing of this Complaint. 4. The Plaintiff and Defendant were marlried on October 5, 1991, in Cumberland County. 5. There have been no prior actions in divorce or annulment between the parties. 6. The Defendant is not a member of the armed forces of the United States or any of its allies. 7. The plaintiff avers that the marriage is irretrievably broken. .... 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