The URL can be used to link to this page

Home My WebLink About97-05304 , " " 1 ,'1 , I j! I',' ('I , "" , I, " , ,'. ii ,I ., I., , , , !I ;1' , ,,I , ., " ". I" F,. t. , , , , , '-I I :t oJi , , " 1'1 , " I": " " " , , " , ;! ,;I I , , ,\ I " ~ , If " ~, "I , ~. .' ;'r " 1 I , , I, , "I 1 , Ii I-I .'1 , , , " , I, , , ;i, , 'I' , I 'f', ,.1' ,/ " ." , , , II ,.J 'I; , , ' " 1',1 , '\ " ' , , I, , .,' , , '"~I j .: " ,-, .\ ,'j ii, 1.1, '\ , , " ',t, ;, it;') 'I ., , ,. ., , , ' ,I in'; " ;" , \, " , \ , .1 " ,. I " , " , , , " I ii \'i " , " , , , Je .. , ..;, ',I , .,' i' ,( ! .~ j j , ' :,. Q ~ '\I) , t"- O" . ,! , 1.1 " ", , , I, " )'f } I " ,; " ,. i ;i " .,., 1'"" . l' ~ .:J (' i" .. I,. 1'1.'. r..-~ , . ~ ,. f~' . - d , ")1 (T I c:) , ! [ " i-II N ,. .; [' ,-' , ',',(<.) " .'/:1. I '. II. "l' (r.~ .J C.. 17" U 0.1 H > H U .., o l"l U'l I l' C7l 1Il 1Il< <> 1IiI0.1 0.1>t "'1Il Z ZZ Ollil E'" E o -3 U>t< ~0.1 ~~I o ~UZ II: 0 OOHCIl OZ~U U<UII: 0.1<0 IIiIII: > IIlllil000H ~IIlHO E> Z::l .. :z H H !il " ~ o II: III t:l .... .... .... .. C .... III H '" t> .. C III '0 C GI ... GI o ~ ~ IIiI U "'- o > H o :z H ~ Q < ~ alJ ~ ~ ~ ~ i ~ ~CIl~1 ~ ~ .... - ~ o "'- III IIiI IIiI "'- U IIiI o ~ ~ :I: 'I' ." I', j'., , ;1.1,:', ,', I " , , '\ I 01.1 :'i,I':,i, , \ I ,- ,Ii, ::IJ.:!I),T I,' ,.>i'd 'I, "':{.I_1~'r,),I"', ".,,1'_ '., I' "" \.1', I 1') I I,', I!l I .;,.",.:,:!,.~,_!l ',;.1 ,( ';,' "ll,"L ';!',i:l,j'I'" ..,' 1.,..,r!",',',,'I,\I--"',' " '''/11"' ;,' ;;';.(i~; '1 L' ,,' ., ','l " , , I:" '1', " " "; NOW, THEREFORE, in consideration of the premises and of the marriage, and in further consideration of the mutual promises and undertakings hereinafter set forth, each in- tending to be legally bound hereby, the parties agree as follows: 1, ~tlQN, It shall be lawful for each party at all times hereafter to live separate and apart from the other party at such place as he or she may from time to time choose or deem fit, The foregoing provisions shall not be taken as 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 pr.ovisions of this Agreement, 3. WIFE'S DEBTQ' Wife represents and warrants to Husband that as of the date of separation she has not in- curred, and in the future she will not contract or incur, any debts 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 -2- reason of debts or obligations incurred by her, Any and all loans and/or debts, and charge accounts, presently in wife's name alone shall be Wifa's sole and separate responsibility for payment, Wife agrees to indemnify and save harmless Husband from any lQss he may sustain, including attorney fees, as a result of any default in payment by Wife, 4, HUSBAND'S DEBTS, Husband represents and warrants to Wife that as of the date of the separation he has not incurred, 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 debts or obligations incurred by him, Any and all loans and/or debts, and charge accounts, presently in Husband's name alone shall be Husband's sole and separate responsibil- ity for payment, Husband agrees to indemnify and save harmless Wife from any loss she may sustain, including attorney fees, as a result of any default in payment by Husband, 5, EOUITABLE DISTRIByIlQH. Husband and Wife acknowl- edge and agree that the provisions of this Agreement with respect to the distribution and division of marital and separate property are fair, equitable and satisfactory to -3- them based on the length of their marriage and other rele- vant factors which have been taken into consideration by the parties, Both parties hereby accept the provisions of this Agreement with respect to division of property in li~u of and in fuil and finai settlement and satisfaction of all claims and demands that they may now have or hereafter have against the other for the equitable distribution of their prope~ty by any court of competent jurisdiction pursuant to section 3502 of The Divorce Code or any other laws, Husband and Wife voluntarily and intelligently waive and relinquish any right to seek a court ordered determination and distri- bution of marital property, but nothing herein contained shall constitute a waiver by either party of any rights to seek the relief of any court for the purpose of enforcing the provisions of this Agreement, 6, REAL ESTATE, The parties agree that Wife shall grant, transfer, relinquish and convey to Husband all of her right, title and interest in the marital residence located at 521 Linwood street, New Cumberland, Cumberland County, Pennsylvania. wife shall execute a deed so transferring her interest in the marital home to Husband contemporaneously with execution of this Agreement. It is specifically understood and agreed that Husband hereby assumes sole responsibility for payment of the first -4- mortgage obligation to Union Planters Mortgage and the second mortgage obligation to Greentree Mortgage, and shall further be respon~ible for payment of all other real estate- related expenses and household expenses, including but not limited to taxes, insurance and utilities, Husband shall indemnify and save harmless Wife from any loss she may sus- tain, including attorney fees, as a result of any default in payment of the aforesaid obligations by Husband, 7, DIVISION OF PERSONAL PROPERTY AND VEHICLES. The parties have divided between them, to their mutual satisfac':" tion, the personal effects, bank accounts, household furni- ture and furnishings and all other articles of personal property which have heretofore been used by them in common. The parties expressly agree that Wife shall be entitled to exclusive ownerShip of any vehicle which is currently in her possession, and that Husband shall relinquish any and all interest he may have in same, wife agrees to be solely responsible for payment of any and all encumbrances and expenses affecting such vehicle, Husband shall be entitled to exclusive ownership of any vehicle which is currently in his possession, and Wife shall relinquish any and all inter- est she may have in same, Husband agrees to be solely re- sponsible for payment of any and all. encumbrances and ElX- penses regarding such vehicle, -5- The parties further agree to execute any vehicle ti- tles, Power of Attorney or other documents necessary to give this paragraph full force and effect, upon request. 8, PENSIONS AND EMPLOVMENT BENEFITS, Husband and Wife are the owners of certain pension plans and/or retire- ment plans and/or employee stock or savings plans, which they have accumulated during the course of their past and present employment, It is hereby specifically agreed that Husband and Wife each shall forever relinquish to the other his or her right, title and interest in said pension plans and/or retirement plans and/or employee stock or savings plans, as well as all other employment benefits, of the other, The parties agree to execute any and all documenta- tion necessary to effectuate the terms herein contained, 9. ALIMONV, Both parties agree to make no claim for alimony, alimony pendente lite and spousal support now or at any future time, or in connection with the pending divorce action between the parties. 10, COUNSEL FEES, Husband and Wife agree to be solely responsible for payment of his/her attorney fees in connec- tion with this Agreement and the pending divorce action between the parties, -6- 11, FINANCIAL DISCLOSURE, The parties have disclosed to each other and they are aware of the extent of each other's income, assets, liabilities, holdings and estates, Husband and Wife confirm that by executing this Agreement each forever waives any future right to set aside said Agreement, or to defend against its enforcement or any portion thereof based upon the absence of such a disclosure by the other party, or based upon any claim that it is inequitable, unconscionable or does not make a reasonable provision for one or the other of them. 12, BREACH, If either party breaches any provisions of this Agreement, the other party shall have the right, at his or her election, to sue for damages for such breach, including legal fees and expenses, or seek such remedies or relief as may be available to him or her respectively. 13, ADDITIOHA1-1NSTRUMENTS. 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, 14, VOLUNTARY EXECUTION, The provisions of this Agreement and their legal effect have been fully explained -7- to Husband by Max J, smith, Jr" Esquire, attorney for Husband, and each party acknowledges that the Agreement is fair and equitable, that full disclosure has been made by each respective party to the other, that it is being entered into voluntarily, and that it is not the result of any duress or undue influence, Wife and Husband acknowledge that they have been furnished with all information relating to the financial affairs of the other., which has b~en re- quested by them respectively. Wife has been advised of her right to retain independent legal counsel to advise her concerning this Agreement and the pending divorce action between the parties, and acknowledges that she has waived such right, 15. NO-FAULT DIV~. Both parties agree to execute an Affidavit of Consent and Waiver of Notice of Intention to Request Entry of a Divorce Decree to facilitate entry of a divorce decree pursuant to Section 3301(c) of the Divorce Code at the expiration of ninety (90) days from the date of divorce complaint filing in the divorce proceeding institut- ed by Husband docketed to No. 97-5304, Court of Common Pleas of Cumberland County, Pennsylvania, 16, WAIVER OF CLAIMS AGAINST ESTATE. Except as herein otherwise provided, each party may dispose of his or her -8- property in any way, and each party hereby waives and relin- quishes any and all rights he or she may now or hereafter acquire, under the present or future laws of any jurisdic- tion, to share in the property or the estate of the other as a result of the marital relationship, including, without limitation, dower, curtesy, statutory allowance, widow's allowance, right to take property against the will of the other, and the right to act as administrator or executor of the other's estate, and each will, at the request of the other, execute, acknowledge and deliver any and all instru- ments which may be necessary or advisable to carry into effect this mutual waiver and relinquishment of all such interest, rights and claims, 17, INCORPORATION OF AGREEMENT FOR ENFORCEMENT, This , Agreement shall bind the parties hereto and their respective heirs, executors, administrators, legal representatives and assigns. This Agreement shall survive a decree of divorce between the parties in any jurisdiction and any other order which may be entered in accordance with this Agreement, In the event that a Decree of Divorce is entered in the Court of Common Pleas of Cumberland County, Pennsylvania or in the event that a Decree in Divorce is entered in any other jurisdiction, the parties agree to incorporate this Agree- ment in the Divorce Decree for purposes of enforcement, It -9- is the specific intent of the parties to be bound by the provisions hereof in lieu of any other claim or order of support, maintenance, alimony, equitable distribution, counsel fees, costs, maintenance of insurance, equitable relief or property settlement or with regard to any other claim for relief which might be brought by either party against the other, or with regard to any other provision hereof. In the event that any final order of court is entered in any jurisdiction with respect to the parties hereto which is contrary to the provisions hereof, then the rights and responsibilities of each of the parties hereto shall be relieved or adjusted to the extent necessary to conform to this Agreement, 18, ENTIRE AGREEMENT, This Agreement contains the entire understanding of the parties, and there are no repre- sentations, warranties, covenants or undertakings other than those expressly set forth herein, 19. MODIFICATION AND WAIVER, A modification or waiver of any of the provisions of this Agreement shall be effec- tive only if made in writing and executed with the same formality as this Agreement, The failure of either party to insist upon strict performance of any of the provisions of -10- , , i'f !I " .... o.t.l ~,.- h- .., 1 ,:il: t!",':. C III...: , q' , , , f~'1 ':;1... ":.,J ' I' 2J: I.:r; , (n 0_,., "'1"' t;',;! , ~.. .j ',j[ J r:; 1:1, . r":!. '. '_!.'.l_ , ... L'_ n"] _J LJ <n <.J ;',' " ", I " ., , ' 'i ), 'I v, . IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO, 97-5304 CIVIL ACTION - LAW IN DIVORCE DOUGLAS G, BROWN, Plaint if f BETTY J. BROWN, Defendant AFFIDAVIT OF CONSENT AND WAIVER OF COUNSELING 1, A C,=,mplaint ll'1 Divc>rct3 under Section 3301 of the Divorce Code was filed on September 29, 1997. 2, The marriage of Plaintiff and Defendant is irre- trievably broken, and ninety days have elapsed since the date of filing and service of the Complaint, 3, I consent to the entry of a Final Decree of Di- vorce after service of notice of intention to request entry of the decree, 4, I have been advised of the availability of mar- riage counseling and understand that I may request that the Court require that my spouse and I participate in counsel- ing. I further understand that the Court maintains a list of marriage counselors in the Prothonotary's Office, which list is available to me upon request. Being so advised, I do not request that the Court require that my spouse and I participate in counseling prior to a decree being handed down by the Court, I verify that the statements made in this Affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C,S, Section 4904, relating to unsworn falsification to authorities, Oat.. ~ ~/~~ ~ '.- ," I!~ i_': .:J i.... .. \ I I ~., 1 I;'.; ( "?,' :':: 11;_ i:\. ., }, '. , : ,~ ; ,:: '-r' ~ ,.(, C" ,_I. , -j)L.' ,. r !t .. \ i.'~.: 1,.1. ~ .' ~'I :.J v. (<;! U L.J"\ ~J , , Ij I, I' " , " , " i' , " " " I' ., " " " " ," , " ,. .,f " v, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO, 97-5304 CIVIL ACTION - LAW IN DIVORCE DOUGLAS G, BROWN, Plaint i ff BETTY J. BROWN, Defendant AFFIDAVIT OF CONSENT AND WAIVER OF COUNSELING 1, A Complaint in Divorce under Section 3301 of the Divorce Code was filed on September 29, 1997. 2, The marriage of Plaintiff and Defendant is irre- trievably broken, and ninety days have elapsed since the date of filing and service of the Complaint, 3, I consent to the entry of a Final Decree of Di- vorce after service of notice of intention to request entry of the decree. 4. I have been advised of the availability of mar- riage counseling and understand that I may request that the Court require that my spouse and I participate in counsel- ing, I further understand that the Court maintains a list of marriage counselors in the Prothonotary's Office, which list is available to me upon request. Being so advised, I do not request that the Court require that my spouse and I participate in counseling prior to a decree being handed down by the Court. I verify that the statements made in this Affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa, C,S, Section 4904, relating to unsworn falsification to authorities, \ /) Date: / - ~ 3 . 99 BEk~i~~(.., . " ,. " " . , , I, , , 'I , " , , , , '.- \-- ';.". fl' ,..;.1 i.:.. .. I"':? 1:1~ I:. u,'t .-' I , ) I " ,: \:: ~ I.:... ,I. ", l.l. :, (,,"iJ( Cl' f', (', ~. I:,'j'.." t'..;. , ..1 ',' 1 ~J11 !,l. ...,., r: _'.1 .~\., -~ " .-: '3 , , c.' C:J\ r " , , " ,Ii 'i , '" " , ! " I' , "i " , , , , , , i ,I ", " " _d" ~ " " , " ">. Ii"' "I' /'-I; .;J 1.- i~-! .. , U_!I.~~'1 ,.': " , J .,.., , , [<l ,"--, J. U.. ,. 'jJ >. t7I ,J.)! b:j.", N ,. .... [/.11' . I,.;!.::',) ..1. .. f,h ,_. -", -'. l.'.. t,~ :..~ " , I f,.) (.h (.) , , , ' " " " " I , , I , ". , ' " I, ',' ,,' " I, " " , I Ii' ". , , , , "I " L'; " , i