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IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY
STATE OF ~~! PENNA.
SHERRY M. CASWELL
N().977~l)()1 CIYJk, IljJ7
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KENNETH G. CASWELL
DECREE IN
DIVORCE
AND NOW. ""f,clor.~,~ '''\'~>"T''' 19!!L,. it is ordered and
decreed that"." ,SHEH,RY, M,', ,CASWELL"",.,..".,....,...... plaintiff,
and.,,,,,,. """ !<ENNPIJ .G."cA?w,F;I,.L""".,.,.,,,,,..,,. defendant,
are divorced from the bonds of matrimony.
The court retains jurisdiction of the following claims which have
been raised of record in this action for which a final order has not yet
been entered;
NONE. All iRsues have been resolved pursuant to the Marriage
'Settlement Agreement betwe'en' the' pilitieii 'dated' MiI'rch' 14; . l'g97
, ...I1Jc:b, A9J:eemen t i!l , inc:orpora tect ,bu.t, ,not, 1Qergecl , ...ltb, the. Dlv.orca
Decree.
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,
MARRIAGE SETTLEMENT AGRBIMEn
THIS AGRBIMENT made this N~ day of 1t)d.A~J:J
, 1997,
by and between SHERRY M CASWELL ("WIFE") of Camp Hill,
Pennsylvania
and
KENNETH G. CASWELL ("HUSBAND") of Lewisberry, Pennsylvania.
WIT N E SSE T H I
WBERBAS, the parties hereto are HUSBAND and WIFE, having
been married on November 30, 1984. There was 1 child born of
this marriage: SHANNON M. CASWELL, age 4, born February 10,
1993; and
WHBREAS, the parties previously entered into a Partial
Property Settlemem: dated December 10, 1996, incorporated by
reference hereto, the terms of which are not intended to be
modified by this Agreement and shall remain binding upon the
parties; and
WBERBAS, diverse and unhappy differences, disputes and
difficulties have arisen between the parties and it is the
intention of HUSBAND and WIFE to live separate and apart for the
rest of their natural lives, and the parties hereto are deBirous
D1M/E G. RAOCLlH
ATfORNEY.AT.I.AW
J.4~M TRJ~IlU, lOAf)
(:,\)lP 11I1.1.. PA 11011
of settling fully and finally their respective financial and
property rights and obligations as between each other including,
without limitation by specification: the settling of all matters
between them relating to the ownership and equitable
disputllS or unhappy differences which have occurred or may occur
subsequent to the date hereof.
3. EFFECT OF DIVORCE DECREE.
The parties agree that unless otherwise epscifically
provided herein, this Agreement shall continue in full force and
effect after such time as a final Decree in Divorce may be
entered with respect to the parties.
~. AGREEMENT TO BE INCORPORATED IN DIVORCE DECR!E.
The parties agree that the terms of thie Agroemeni shall
be incorporated into any Divorce Decree which may bs entered
with respect to them.
5. NON-MERGER.
It is the parties' intent that this Agreement shall not
merge with any Divorce Decree that may be entered between them,
but rather, shall continue to have independent contractual
significance and each party shall maintain their contractual
remedies as we II as court remedies as the result of the
aforesaid incorporation or as otherwise provided by law or
statute.
6. DATE OF EXECUTION.
The "date of execution" or "execution date" of this
Agreement shall be defined as the date of execution by the
party last executing this Agreement.
DIANE G. RAllCI.IH
ATJ'llRNf.Y.AT.J,AW
.HIM 'l'RI~IIU: MOAU
(:.\MI' 1111.1., I'^ 171111
7. DISTRIBUTION DATB.
The transfer of property, funds and/or documents provided
for herein shall only take place on the "distribution date"
which shall be defined as the date of execution of this
Agreement unless otherwise specified herein.
8. VOLUNTARY EXECUTION AND FAIRNBSS or AGREBMENT.
Each party acknowledges that this Agreement has been
entered into of his or her own volition, with full knowledge of
the facts and full disclosure of their separate and joint
estates, and that each believes this Agreement to be reasonable
under the circumstances. Further, Husband acknowledges that he
has been advised of his right to be advised by an attorney of
his own choosing prior to entering into this Agreement and that
he has either retained such counsel and received such legal
advise or he voluntarily has decided not to retain such counsel
and receive such advice, and further acknowledges that he
accepts said Agreement and that said acceptance is not based on
any advice or representation made by Wife's counsel, Diane G.
Radcliff, Esquire, nOLO has any such advice and/or representation
been given to Husband by said counsel.
9. FINANCIAL DISCLOSURE.
The parties confirm that each has relied on the substantial
accuracy of the financial disclosure of the other, as an
DIANE G. RADCLIFF
ATI'ORNEY.AT.I.AW
'UK rRl~nu MClAU
CHIP 11I1.1., PA 11011
inducement to the execution of this Agreement and each party
acknowledges that there has been a full and fair discloBure of
the parties' marital assets which has been provided to each
party.
10. DISCLOSURE AND WAIVER OF PROCEDURAL RIGHTS.
Each party understands that he or she has the right to
obtain from the other party a complete inventory or list of all
of the property that either or both parties own at this time or
owned as of the date of separation, and that each party has the
right to have all such property valued by means of appraisals or
otherwise. Both parties understand that they have the right to
have a court hold hearings and make decisions on the matters
covered by this Agreement. Both parties understand that a court
decision concerning the parties'
respective rights and
obligations might be different from the provisions of this
Agreement.
Each party hereby acknowledges that this Agreement is fair
and equitable, that it adequately provides for his or her needs
and is in his or her best interests, and that the Agreement is
not the result of any fraud, duress, or undue influence
exercised by either party upon the ot~er or by any other person
or persons upon either party.
Given said understanding and acknowledgement, both parties
hereby waive the following procedural rights:
a. The right to obtain an inventory and appraisement
of all marital and separate property as deflned by the
DIANE G. RADCLIFF
ATHlRNEY-AT-LAW
.H." IRlsnn ao..\o
CA.\tP 1111.1.. 'A POll
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
propsrty is marital and which is non-marital, and equitably
distributs between the parties that property which the
court detsrmines to be marital.
d. The right to have the court decide any other
rights, remedies, privileges, or obligations covered by
this Agreement, including, but not limited to, possible
/'\~,
claims for divorce, ...-. spousal support, alimony,
alimony pendente lite (temporary alimony), custody,
visitation, and counsel fees, costs and expenses.
11. PERSONAL PROPERTY.
HUSBAND and WIFE do hereby acknowledge that they have
previously divided their tangible personal property including,
but
wi thout
limitation,
jewelry,
clothes,
furniture,
furnishings, rugs, carpets, house-hold equipment and appliances,
tools, pictures, books, works of art and other personal property
and hereafter WIFE agrees that all of the property in the
possession of HUSBAND shall be the sole and separate property of
HUSBAND; and HUSBAND agrees that all of the property in the
possession of WIFE shall be the sole and separate property of
WIFE.
The parties do hereby specifically waive, release,
DIANE G. RADCI.IFF
ATmRNF.Y-,~T.I.A\V
'UK TRINUU. ROAU
CAMP 1111.1., p" 17011
renounce and forever abandon whatever claims, if any, he or she
may have with respect to the above items which shall become the
sole and separate property of the other.
The foregoing provisions shall not be deemed to affect the
provisions of the parties aforementioned Partial Property
Settlement Agreement dated December 10, 1996 and to the extent
the terms of this Agreemsnt are at variance with the terms of
the December 10, 1996 Partial Property Settlement Agreement, the
terms of the December 10, 1996 Agreement shall control and
govern the rights and obligations of the parties, the parties
hereby ratifying and reaffirming the terms thereof.
12. AFTER-ACQUIRED PROPERTY.
Each of the parties shall hereafter own and enjoy,
independently of any claim or right of the other, all property,
tangible or intangible, real, personal or mixed, acquired by him
or her since November 15, 1996, with full power in him or her to
dispose of the same as fully and effectively, in all respects
and for all purposes, as though he or she were unmarried and
each party hereby waives, releases, renounces and forever
abandons any right, title, interest and claim in and to said
after acquired property of the other par~y pursuant to the terms
of this paragraph.
13. DIVISION OF VEHICLES.
With respect to the vehicles owned by one or both of the
parties, the following shall apply:
DIANE G. RAllCLlFF
ATHlRNEY.AT.I.AW
",""8 rRINUl.f. MUAIJ
(:,UIP 11I1.1., VA 17nll
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IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
SHERRY M. CASWELL
Plaintiff
V.
KENNETH G. CASWELL
Defendant
NO. 97-5601 CIVIL TERM
CIVIL ACTION - LAW
IN DIVORCE
PRAECIPE OF TRANSMIT RECORD
To the Prothonotary:
Transmit the record, together with the following information, to the court
for entry of a divorce decree:
1. around for divorce:
Irretrievable breakdown under Section 3301 (c)of the Divorce Code.
2.
Date
a.
b.
and manner of Bervice of the complaint:
Date: 10/14/97
Manner: Personal acceptance by Defendant
3. Date of execution of the affidavit of consent required by Section 3301 (c)
of the Divorce Code:
a. Plaintiff: January 21, 199B
b. Defendant: January 24, 199B
~
Date of execution of the Plaintiff's affidavit required by Section 3301(d)
of the Divorce Code and Date of service of the Plaintiff's 3301 (d)
affidavit upon the Defendant:
a. Date of affidavit: N/A
b. Date of filing: N/A
c. Date of service: N/A
4. Related claims pending: None. All issues have been resolved pursuant to
the Marriage Settlement Agreement between the parties dated March 14, 1997
which Agreement is to be incorporated into but not merged with the Divorce
Decree.
5. Date and manner of service of the Notice of Intention to file Praecipe to
Transmit Record, a copy of which is attached, if the decree is to be
entered under Section 3301(d) (I) (i) of the Divorce Code:
a. Date of Service: N/A
b. Manner of Service: N/A
~
Date Plaintiff's Waiver of Notice in Section 3301(c) Divorce was filed
with the Prothonotary: January 23, 1998
Date Defendant's Waiver of Notice in Section 3301(c) Divorce was filed
with the Prothonotary: January 28, 199B.
C UIRE
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VlRIrICATIOW
SHERRY M. CASWELL vsrifies that the statements made in
this COMPLAItI'r are true and correct.
SHERRY M. CASWELL
understands that false statements herein are made subject to
the penalties of 18 Pa.C.S. section 4904, relating to unsworn
falsification to authoritieB.
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SH!RRY W
SHERRY M. CASWELL
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 97 :j(;.('/ i!tt.';'(':Ic .~/"
CIVIL ACTION - LAW
DIVORCE
v.
KENNETH G. CASWELL
Defendant
NOTICE
YOU HAVE BEEN SUED IN COURT. If you wish to defend against the
claims set forth in the following pages, you must take prompt
action. You are warned that if you fail to do so, the case may
proceed without you and a decree of divorce or annulment may be
entered against you by the court. A judgment may also be entered
against you for any other claim or relief requested in these papers
by the Plaintiff. You may lose money or property or other rights
important to you, including custody or visitation of your children.
When the ground for divorce is indignities or irretrievable
breakdown of the marriage, you may request marriage counseling. A
list of marriage counselors is available in the Office of the
Prothonotary at the Cumberland County Courthouse, Carlisle,
Pennsylvania.
IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY,
COUNSEL FEES OR EXPENSES BEFORE THE FINAL DECREE OF DIVORCE OR
ANNULMENT IS GRANTED, YOU MAY LOSE THE RIGHT TO CLAIM ANY OF THEM.
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO
NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE
OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP.
COURT ADMINISTRATOR
1 COURTHOUSE SQUARE
CARLISLE, PA 17013
(717) 240-2600
DIANE G. RADCLIFF
3448TRINDlE ROAD
CAMP Hill. PA 17011
(711) 737.0100
-
v.
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 11. !J'(,ol C.;.J "-.b-
CIVIL ACTION - LAW
DIVORCE
SHERRY M. CASWELL
Plaintiff
KENNETH G. CASWELL
Defendant
COMPLAINT
AND NOW, this ~day of OCTOBER, 1997, comes the Plaintiff,
Sherry M. Casawell, by her attorney, DIANE G. RADCLIFF, ESQUIRE,
and files this Complaint in Divorce of which the following is a
statement:
COUNT I: DIVORCE
1. The Plaintiff is Sherry M. Caswell, an adult individual
residing at 107 June Drive, Camp Hill, Pa. 17011.
2. The Defendant is Kenneth G. Caswell, an adult individual
residing at P.O. Box 204, Lewisberry, Pa. 17339.
3. Plaintiff and/or Defendant have been bona fide residences
of the Commonwealth for at least six (6) months previous
to the filing of this Complaint.
4. Plaintiff and Defendant were married on December 3, 1984
at Camp Hill, Pennsylvania.
5. There have been no prior actions of divorce or annulment
between the parties.
6. Plaintiff has been advised of the availability of
counseling and the right to request that the Court
require the parties to participate in counseling.
7. The Defendant is not a member of the Armed Services of
the United States or any of its Allies.
DIANE G. RADCLIFF
3448 TRINDlE ROAD
CAMP Hill. PA 17011
(717) 737-0100
8. The Plaintiff avers that the grounds on which the action
is based is:
a. That the marriage is irretrievably broken;
WHEREFORE, Plaintiff requests this Honorable Court to enter a
decree in divorce, divorcing the Plaintiff and Defendant.
Respectfully submitted,
r
v.
IN THE COURT Of COMMON PLEAS Of
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 97-5601 CIVIL TERM
CIVIL ACTION - LAW
DIVORCE
SHERRY M. CASWELL
Plaintiff
KENNETH G. CASWELL
Defendant
AFFIDA VIT OF CONSENT
2, A Complaint in Divorce under Section 330l(c) of the Divorce Code was filed on October la,
1998,
2, The marriage of Plaintiff and Defendant is irretrievably broken and ninety (90) days have
elapsed from the date of filing and service of the Complaint
3, I consent 10 the entry of a final Decree in Divorce after service of notice of intention to
request entry of the decree,
I verilY 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 authoritie~,
Dated: /-~f-7g
DIANE G, RADCLIFF
3448 TRINDlE ROAD
CAMP Hill. PA 17011
1717) 737,0100
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SHERRY M. CASWELL
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 97-5601 CIVIL TERM
CIVIL ACTION - LAW
DIVORCE
v.
KENNETH G. CASWELL
Defendant
WAIl ~J~9~~1~JN~f~WiET~&ErEST
~I 330 ~) F rtl dl kc
L I consent to the entry of a final decree in divorce without notice,
2, I understand that I may lose rights concerning alimony, division of property. lawyer's fees or
expenses if I do not claim them before a divorce is granted,
3, I understand that I will not be divorced until a divorce decree is entered by the Court and that
a copy of the decree will be sent to me immediately after it is tiled with the Prothonotary,
I veritY 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 49G4 relating to unsworn
falsification to authorities,
Dated: /- Cl Y-;l P
DIANE G, RADCLIFF
3448 lAINOlE AOAD
CAMP Hill. PA 17011
1717) 737,0100
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(a) 1988 Pontiac Grand Prix shall be the sole and
exclusive property of WIFE.
(b) 1988 Ford F-150 shall be the sole and exclusive
property of HUSBAND.
The titles to said vehicles shall be executed by the
parties, if appropriate, for effectuating transfer as herein
provided on the date of execution of this Agreement and said
executed titles shall be delivered to the proper party on the
distribu tion date.
For purposes of this Paragraph the term
"title" shall be deemed to include "power of attorney" if the
title to the vehicle is unavailable due to financing
arrangements or otherwiae. In the event 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 solsly responsible therefor and said
party further agrees to indemnify, protect and save the other
party harmless from said lien or encumbrance.
Each of the
parties hereto does specifically waive, release, renounce and
forever abandon whatever right, title and interest they may have
in the vehicles that shall become the sole and separate property
of the other pursuant to the terms of this Paragraph.
14. DIVISION OF REAL ESTATE.
DIANE G. RADCLIFF
ATJ'ORNEY-AT.LAW
HlfI TRINIlI.f. ROAn
(;,\,MI'IIII.J., VA 171111
The parties are the joint owners of a certain tract of
improved real estate known and numbered as 107 June Drive, Camp
Hill, Pennsylvania, which real estate was heretofore utilized as
I
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DIANE G. RADCLIff
ArroRNEV.AT-J.AW
'HII rRl:'Iil1l.E ROAU
CUIP 11I1.1., P'\ 17011
their marital residence and is currently the reBidence of Wife
and the parties' child. The parties acknowledge that said real
estate has a value of approximately Ninety Thousand ($90,000.00)
Dollars and is subject to 8 first mortgage owed to Cuna Mortgage
having an approximate balance of Fifty Two Thousand ($52,000.00)
Dollars and a second mortgage (Home Equity Loan) owed to Members
First having an approximate balance of Seven thousand
($7,000.00) Dollars. With respect to the foregoing the parties
agree as follows:
(a) Wife shall purchase Husband's interest in the real
estate for Three Thousand ($3,000.00) Dollars.
(b) Wife shall refinance the existing mortgage and home
equity loan into a new mortgage loan in her sole name so as to
relieve Husband from further liability thereunder.
(c) Concurrently with the settlement of Wife's financing
and the payment to the Husband of the Three Thousand ($3,000.00)
Dollars aforesaid Husband shall make, execute and deliver all
documents in the usual form conveying, transferring and granting
to wife all of Husband's right, title and interest in and to the
real estate, and Husband agrees that he specifically waives,
releases, renounces and forever abandons all his right, title
and interest therein.
The conveyance aforesaid shall be under
and subject to any covenant and restrictions of record.
(d) Settlement on the financing, conveyance and payment
aforesaid shall occur as E'oon as Wife's loan application is
DlANt: G. RAIlCJ.JH
ATWRNt:\'.AT-I.AW
'UK TRINUU: ROAII
CAMP 11I1.1., PA 17011
approved but in no event any later than forty-five (45) days
from the date hereof.
15. EACH PARTY RETAINS OWN PENSION PLANS.
Each of the parties does specifically waive, release,
renounce and forever abandon all of their right, title, interest
or claim, whatever it may be, in any Pension Plan, Retirement
plan, Profit Sharing plan, 401-K Plan, Keogh Plan, Stock Plan,
Tax Deferred Savings plan and/or any employee benefit plan of
the other party, whether acquired through said party's
employment or otherwise, and hereafter said Pension Plan,
Retirement plan, Savings plan, Tax Deferred Savings Plan and/or
any employee benefit plan shall become the sole and separate
property of the party in which name or through whose employment
said plan is carried.
16. DIVISION OF BANK ACCOUNTS/STOCK/LIFE INSURANCE.
The parties acknowledge and agree that they have previously
divided to their mutual satisfaction all of their bank accounts,
certificates of deposit, IRA accounts, bonds, shares of stock,
investment plans and life insurance cash value and hereafter
WIFE agrees that all said bank accounts, certificateB of
deposit, IRA accounts, bonds, shares of stock, investment plans
and life insurance cash value in the possession of HUSBAND shall
become the sole and separate property of HUSBAND; and HUSBAND
agrees that all the said bank accounts, certificates of deposit,
IRA accounts, bonds, shares of stock, investment plans and life
DlAN E G. RAI)(;LJI'F
AnORSl\'.A r,lAW
UUI IMI~UU' lUAU
('AMP 11I1 L p" 17011
inBurance cash value in the pOBBession of WIFE shall become the
sole and Beparate property of WIFE. Each of the parties doeB
specifically waive, release, ranounce and forever abandon
whatever right, title, interest or claim, he or she may have in
any bank account, certificates of deposit, IRA accounts, bonds,
shares of stock, investment plans and life insurance cash value
that is to become the sole and ssparate property of the other
pursuant to the terms hereof.
17. WAIVER OF INHERITANCE.
Each of the parties hereto does specifically waive,
release, renounce and forever abandon any right, title, interest
and claim, if any, either party may have in and to any
inheritance of any kind or nature whatsoever previously or in
the future received by the other party.
18. MARITAL DEBTS
The parties acknowledge that their only marital debt
(excluding the home mortgage and equity loan referenced in
Paragraph 13) is the Member First Visa having a separation
balance of approximately Two Thousand One Hundred ($2,100.00)
Dollars.
Wife shall pay said Visa debt in such timely
installments as are required by the creditor until said
obligation is paid in full at which time the account shall be
closed permanently. Pending said final payment neither party
shall incur further charges on this visa account.
DIANE G. RAIlCLlFF
ATWRNEY.AT.I.AW
,,"UN TRINIH.E RUAn
(:AMI' 1111.1., PA 171111
19. WIFE'S DEBTS.
WIFE represents and warrants to HUSBAND that since the
parties' marital separation she has not contracted or incurred
any debt or liability for which HUSBAND or his estate might be
responsible and WIFE further represents and warrants to HUSBAND
that she will not contract or incur any debt or liability after
the execution of this Agreement, for which HUSBAND or his estate
might be responsible. WIFE shall indemnify find save HUSBAND
harmless from any and all claims or demands made against him by
reason of debts or obligations incurred by her.
20. HUSBAND'S DEBTS.
HUSBAND represents and warrants to WIFE that since the
parties' marital separation he has not contracted or incurred
any debt or liability for which WIFE or her estate might be
responsible and HUSBAND further represents and warrants to WIFE
that he will not contract or incur any debt or liability after
the execution of this Agreement, for which WIFE or her estate
might be responsible. HUSBAND shall indemnify and save WIFE
harmless from any and all claims or demands made against her by
reason of debts or obligations incurred by him.
21. BANKRUPTCY.
The parties hereby agree that the provisions of this
Agreement shall not be dischargeable in bankruptcy and expressly
agree to reaffirm any and all obligations contained herein. In
the event a party files such bankruptcy and pursuant thereto
DIANE G. RADCUFF
^TrORNF,Y-^T.L^W
'.HI TRINUt.t: RnAn
CAMP 1111.1., PA 17011
obtains a discharge of any obligations assumed hereunder, the
other party shall have the right to terminate this Agreement in
which event the division of the parties' marital assets and all
other rights determined by this Agreement shall be subject to
court determination the same as if this Agreement had never been
entered into.
~2. SOCIAL SECURITY BENEFITS.
The parties agree that subject to the rules and regulations
of the Social Security Administration, each of the parties shall
continue to be eligible for Social Security benefits to which he
or she would ordinarily be qualified as a party to a divorce
after a marriage of ten (10) years or more in duration, if the
parties' marriage is determined to be of ten (10) or more years
in duration.
23. INCOME TAX PRIOR RETURNS.
The parties have heretofore filed joint federal and state
returns. Both parties agree that in the event any deficiency in
federal, state or local income tax is proposed, or any
assessment of any such tax is made against either of them, each
will indemnify and hold harmless the other from and against any
loss or liability for any such tax deficiency or assessment
therewith. Such tax, interest, penalty or expense shall be paid
solely and entirely by the individual who is finally determined
to be the cause of the misrepresentations or failures to
disclose the nature and extent of his or her separate income on
the aforesaid joint returns.
2.. FINAL EOUITABLE DISTRIBUTION or PROPERTY.
The parties agree that the division of all property set
forth in this Agreement is equitable and in the event an action
in divorce is commenced, both parties relinquish the right to
divide said property in any manner not consistent with the terms
set forth herein. It is further the intent, understanding and
agreement of the parties that this Agreement is a full, final,
complete and equitable property division.
25. NAIVER OF ALIMONY, ALIMONY PENDENTE LITE, SPOUSAL
SUPPORT, MAINTENANCE AND COSTS.
The parties hereto agree and do hereby waive any right
and/or claim thsy may have, both now and in the future, against
the other for alimony, alimony pendente lite, spousal support,
maintenance, counsel fees and costs.
26. CUSTODY.
Wife shall have primary custody of the parties' minor
child, SHANNON M. CASWELL, subject to liberal and reasonabl~
rights of partial custody at such times as the parties shall
mutually agree.
27. HEALTH INSURANCE/MEDICAL EXPENSES.
DIANE G. RADeI.IFF
ATTORNf.Y.AT.I.AW
WI TRINIJI.t: ROAn
C.AMP 1111.1" PA 17011
Husband shall maintain health insurance covorage (including
any and all available supplemental coverage such as dental and
optical plans) on the minor child so long as said coverage is
~9. MUTUAL RELEASES.
HUSBAND and WIFE each do hereby mutually remise, release,
quitclaim and forever discharge the other and the estate of such
other, for all time to come, and for all purposes whatsoever, of
any from any and all rights, title 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, of whatever nature and wheresoever 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
liabilities of such other or by way of dower or curtsey, or
claims in the nature of dower or curtsey or 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 willi
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 (a) the Commonwealth of Pennsylvania, (b) State,
Commonwealth of territory of the United States, or (c) any other
country, or any rights which either party may have or at any
time hereafter have for past, present or future support or
maintenance, alimony, alimony pendente lite, counsel fees,
equitable d~stribution, costs or expenses, whether arising as a
DIANE G. RAIlCLlFF
ATnJRNI:Y.AT.I,AW
'Hit TRINIJI,E ROAn
(:AMP 1111,1.. PA 17011
result of the marital relation or otherwise, except, any 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.
It is the intention of
HUSBAND and WIFE to give to 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 provisions thereof.
30. WAIVER OR MODIFICATION TO BE IN WRITING.
No modification or waiver of any of the terms hereof shall
be valid unless in writing and signed by both parties and no
waiver of any breach hereof or default hereunder shall be deemed
a waiver of any subsequent default of the same or similar
nature.
31. MUTUAL COOPERATION.
Each party shall, at any time and from time to time
hereafter, take any and all steps and execute, acknowledge and
deliver to the other party, any and all further instruments
and/or document that the other party may reasonably require for
the purpose of giving full force and effect to the provisions of
this Agreement
DIANE G. RADCLIFF
A-IwroRNEV.AT-LAW
'UIl nll~nu: ROAn
CA~P 11I1.1.. p..\ 17011
32. AGREBMENT 3IHDING ON HBIRS.
This Agreement Bhall be binding and shall inure to the
benefit of the parties hereto and their respective heirs,
executors, administrators, successors and assigns.
33. INTEGRATION.
This Agreement constitutes ths entire understanding of the
parties and supersedes any and all prior agreements and
negotiations between them.
There are no representations or
warranties other than those expressly set forth herein.
36. OTHER DOCUMENTATION.
WIFE and HUSBAND covenant and agree that they will
forthwith (and within at least twenty (20) days after demand
therefor), execute any and all written instruments, assignments,
releases, satisfactions, deeds, notes, stock certificates, or
such other writings as may be necessary or desirable for the
proper effectuation of this Agreement, and as their respective
counsel shall mutually agree should be so executed in order to
carry out fully and effectively the terms of this Agreement.
35. NO WAIVER OF DEFAULT.
DIANE G. RADCLIFF
ATTORNEY-AT-LAW
5H" rM.ISUI.( ROAn
CAMP 11I1.1., PA 11UII
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 Btrict
performance of any of the provisions of this Agreement shall in
no way affect the right of such party hereafter to enforce the
same, nor shall the waiver of any subsequent default of the same
or similar nature, nor shall it be construed as a waiver of
strict performance of any other obligations herein.
36. BREACH.
If for any reason either HUSBAND or WIFE fails to perform
his or her obligations owed to or for the benefit of the other
party and/or otherwise breaches the terms of this Agreement,
then the othsl' party shall have the following rights and
remedies, all of which shall be deemed to be cumulative and not
in the altsrnative, unless said cumulative effect would have an
inconsistent rssult or would result in a windfall of the other
party.
(a) the right to specific performance of the terms of
this Agrsement, in which event the non-breaching party
shall be reimbursed for all reasonable attorney's fees and
costs incurred as the result of said breach and in bringing
the action for specific performancs.
(b) the right to damages arising out of breach of the
terms of this Agreement, which damages shall include
reimbursement of all attorney's fees and costs incurred as
the result of the breach and in bringing the damage action.
(c) the right to all remedies set forth in Section
3502(e) of the Pennsylvania Divorce Code, 23 Pa. C.S.A.
3502(e), an any additional rights and remedies that may
hereafter be enacted by virtue of the amendment of said
DIANE G. RADCLIFF
ATTllRNEY.AT.l.AW
)UII TIUNUU. ROAn
r:AMP 1111.... PA. I7dll
Section or replacement thereof by any other similar laws,
which remedies shall include, but not limited to:
(1) the entry of judgement;
(2) the authorization of the taking and seizure
of goods and chattels and collection of rents and
profits of real and personal and tangible and
intangible property;
(3) the award of interest on any unpaid
installment;
(4) the transfer and sale of any property
required to obtain compliance with the obligations
undertaken by this Agreement;
(5) the posting of security to insure future
payments to assure compliance with the obligations
undertaken by this Agreement;
(6) the issuance of attachment proceedings and
the holding of the Defendant to be in contempt and the
making of appropriate order therefor including, but
not limited to, commitment of the breaching party to
county jail for a period not to exceed six (6) months.
(7) the award of counsel fees and costs.
(8) the attachment of the breaching party's
DIANE G. RADCLIFF
ATrORNF.Y.AT.LAW
'HI' TRINnl.f. RUA))
CAMP 11I1.1.. PA 17011
wages.
(d) Any other remedies providsd for in law or in
equity.
37. LAW or PEII1ISYLVANIA APPLICABLE.
This Agreemsnt shall be construed in accordance with the
laws of the Commonwealth of Pennsylvania.
38. HBADINGS NOT PART or AGRBEMENT.
Any headings preceding the text of the several paragraphs
and subparagraphs hereof, are inserted solely for convenience of
reference and shall not constitute a part of this Agreement nor
shall they affect its meaning, construction or effect.
BY SIGNING THIS AGREEMENT, EACH PARTY ACKNOWLEDGES HAVING
READ AND UNDERSTOOD THE ENTIRE AGREEMENT, AND EACH PARTY
ACKNOWLEDGES THAT THE PROVISIONS OF THIS AGREEMENT SHALL BE AS
BINDING UPON THE PARTIES AS IF THEY WERE ORDERED BY THE COURT
AFTER A FULL HEARING.
IN WITNESS WHEREOF, the parties hereto have set their hands
and seals the day and year first above written.
WITNESS:
P;v,d Ii' A1u~~
\
(SEAL)
(SEAL)
DIANE G. RADCLIff
ATnlRNEY.AT.LAW
HUI "'1I.1~llI.F. Ro"n
C.UtP 1II1.1.,'A 17011
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF CUMBERLAND
SS.
On this the 11'1-/' day of maftm , 199 7 , before
me the undersigned officer, personally appeared, SHERRY M.
CASWELL, known to me (or satisfactorily proven) to be the person
whose name is subscribed to the within Agreement, and
acknowledged that SHERRY CASWELL executed the same for the
purposes therein contained.
IN WITNESS WHEREOF, I hereunto set my hand and notarial
seal.
~ NoI.~.1 Slo'
Oeblnh L, Donley. Nolary PubRC
HIli Boro CUinbe<1.nd ColI
~mlallOn Expire. Sip!. 23, nL
. "..""",nll Association of Nota IS
MIGMdt. ~ AfHl-~
NOTARY PUBLIC
COMMONWEALTH OF PENNSYLVANIA
SS.
COUNTY OF CUMBERLAND
On this the ~ day of , 19 q, , before
me the undersigned officer, person lly appeared, KENNETH G.
CASWELL, known to me (or satisfactori y proven) to be the person
whose name is subscribed to the within Agreement, and
acknowledged that KENNETH G. CASWELL executed the same for the
purposes therein contained.
NOlilflOlI s~.;t: J'
Diane G. Aar1r.hl' tJ01RfY Publl(
Camp Hill Born Cl1IT'lhtt1land ~(1~~~(.
My Commls~lon ElI'luet:; Jan '_
, A'I1"'1.l\I'll\otrILltl1il,:t!
Mcmhp.l. PIlnllw1vama 5).....
and
IN WITNESS WHEREOF, I have hereunto set
notarial seal.
(
DIANE G. RADCLIFF
ArroKNEY.AT.I.AW
UtI' rRI~nU: ROAII
CAMP 11I1.1., PA 17011