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VB. : : : CIVIL DIVISION Donuld Auchcy, Dcfondllnt. NO. '17-565 1 CIVIL TERM 1997 . . PRAECIPE TO TRANSMIT RECORD To the Prothonotary: Transmit the record, together with the following information to the court for entry of a divorce decree: 1. Ground for divorce: irretrievable breakdown under 53301(c) ~~~~~ of the Divorce Code. (Strike out inapplicable section). 2. Date and mllnner of service of the complaint: October IS, 1997 __.._"Dpfendant sl'rved by bnndlnl~ blm a copv of the complaint 3. Complete either paragraph (a) or (b). (a) Date of execution of the affidllvit of consent required by S3301(c) of the Divorce Code: by plaintiff February 17, 199B ._; by de flmdan t February 14. 1998 (b)(l) Date of execution of the affidavit required by S3301(d) of the nivorce Code: ; (2) Date of filing and service of the plaintiff's affidavit upon the raspondent: 4. Related claims pending: lllvision of marital property to be settled hy thfl ntt:H'hnd Mm"ital Settlement AMr()pmflnt, tn hp inr'orpnr.:1tArf -intn Hw tl-ivor~" decree 5. Complete either (a) or (b). (a) Date and manner of service of the notice of intention to file praecipe to transmit record, a copy of which is attached: (b) Date plaintiff's flied with the Prothonotary: Date defendant's filed with the Prothonotary: Waiver of Not.ice in 53301(c) Divorce was March 12, 19YH Waiver of Notice in 53301(c) Divorce was March 12, 199H ~~;' (~o< l"010"ff,,~i \ ~ , " " " " ), MATRIMONIAL SETTLEMENT AGREEMENT THIS AGREEMENT, made thill day of ~\'. '4 _, 199/3, by and between Donald Auchey of 3309 Moreland Court, Sui te 113, Mechanicsburg, Cumberland County, pennsyl vania ("Husband"), and Georgia Auchey of 3309 Moreland Court, Suite 113, Mechanicsburg, Cumberland County, Pennsyl vanIa ("WIfe"). Recitw: A. The parties hereto, being Husband and Wife, were lawfully married on April 30, 1966. B. Differences have arisen bat ween Husband and Wife in consequence of which they have begun to live separate and apart from each other. C. Husband and Wife acknowledge that they both have consulted their attorneys and have been advised by their attorneys of all of their rights and duties or have had the opportunity to consult independent legal counsel and have '~ilfully, knowingly and voluntarily waived the right to consult an attorney. NOW, THEREFORE, in consideration of the mutual promises, covenants and undertaking herein contained, the parties, each INTENDING TO BE LEGALLY BOUND, agree as follows: 1. Recitals. The Recitals set forth above are incorporated herein by reference. 2. Divorce. It is specifically understood and agreed by and between the parties, and each party does hereby warrant and represent to the other that, as defined in the Divorce Code, their marriage is ,irretrievably broken. Husband has filed an action in the Court of Common Pleas, Cumberland County, Pennsylvania. The parties agree to take all legal steps (including the timely and prompt submission of all documents and the taking of all actions) necessary to assure that a divorce pursuant to 23 Pa. C.S.A. g 3301 of the Divorce code is entered as soon as possible. This Agreement and any ancillary or supplemental agreements shall be incorporated by reference and merged into the proposed Divorce Decree presented to the Court. Husband and Wife shall at all times hereafter have the right to live separate and apart from each other and to reside from time to time at such place or places as they shall respectively deem fit, free from any control, restraint or interference whatsoever by each other. Neither party shall molest the other in any way whatsoever nor endeavor to compel the other to r.:ohabit or dwell with him or her by any legal or other proceedings. The foregoing provision shall not be taken to be an admission on the part of either Husband or Wife of the lawfulness or unlawfulness of the causes leading to their living apart. 3. Marital Prop~. , (a) Personal Propertv. Husband and Wife acknowledge that they have divided all personal property acquired during their marriage to their mutual satisfaction. Husband hereby relinquishes all right, title and interest in Wife'S personal property curre~tly in her possession, and Wife hereby relinquishes all right, title and interest in Husband's personal property currently in his possession, except as provided herein to the contrary. (b) Retirement. ,pension. 401-K Plan. Husband hereby relinquishes all right, title and interest in Wife's retirement, pension and/or 401-K Plan, if any, and Wife hereby relinquishes all right, title and interest in Husband's retirement, pension and/or 401-K Plan, if any. (c) Life Insurance. Husband agrees to retain Wife as named Beneficiary on Life Insurance policies owned by Husband for a period of three (3) years. I f Husband remarries or Wife predeceases Husband he is permitted to change the named Beneficiary on the Life Insurance Policies. 4. Debts and Obliqations. (a) Individual debts/obliqations. Each of the parties shall assume all debts and obligations presently in their individual names and shall indemnify, defend and hold the other harmless from said debts and obligations. whether incurred prior to, during, or subsequent to the marriage. This shall include all personal, individual credit cards and personal individual loans by ei ther part.y except as otherwise set forth herein. Each party hereby agrees to pay and hereby agrees to hold the other harmless from any and all personal debts and obligations incurred by him or her on or after the date of this Agreement. If any claim, action or proceeding is hereafter brought seeking to hold the other party liable on accoun~ of any such debts and obligations, such party will at his or her sole expense defend the other party against any such olaim, act ion or proceeding, whether or not well- founded, and indemnify the other party against any loss resulting therefrom. (b) Joint debts/obl iqat ions. Husband and Wife represent that there are no joint debts or other debts incurred by either of them currently outstanding with respect to which th~ other party may incur any liabil i ty now or in the future. Each party otherwise hereby expressly agrees to indemnify, defend and hold harmless the other from any and all liability, direct or indirect, including attorneys' fees and costs, which may arise in connection with an obligation, joint or otherwise, for which the partJ" has agreed hereunder to bear sole or partial responsibility, or which the party has f.ailed to disclose and provide for herein. 5. Leqal Fees. Each party agrees that they shall be responsible for their own legal and other fees incurred by them in connection with this domestic relations matter unless otherwise specified herein or otherwise agreed to by them. 6. Other Writinqs. Each of the parties hereto agrees to promptly execute any and all documents, deeds, waivers, bills of sale, tax returns or other writings reasonably necessary to carry out the intent of this Agreement. 7. Further Debt. (a) Wife shall not contract or incur any debt' or liability for which Husband or his property or estate might be responf\ible and shall indemnify and save harmless Husband from any and all claims or demands, including attorneys I fees and costs, made against him by reason of debts or obligations incurred by her. (b) Husband shall not contract or incur any debt or liability for which Wife or her property or estate might be responsible and shall indemnify and save harmless Wife from any and all claims or demands, including attorneys' fees and costs, made against her by reason of debts or obligations incurred by him. 8. Mutual Release. Except as otherwise provided herein and so long as this Agreement is not cancelled by subsequent agreement, the parties hereby release and discharge, absolutely and forever, each other from any and all rights, claims and demands, past, present and future, specifically from the following: alimony pendente lite; alimony; spousal support; division of property; claims or rights of dower and right to live in the House; right to act as executor or administrator in the other's estate; rights as devisee or legatee in the Last Will and Testament of the other; any claim or right as beneficiary in any life insurance policy of the other unless specifically named otherwise or as required herein; and any claim or right in the distributive share or intestate share of, the other party's estate, all unless specified to the contrary herein or in a subsequent writing signed by the parties hereto. 9. Tax Return. The parties have elected to tile separate individual income tax returns neginning with tax year 199B. Bach party shall be solely liable for any tax liability from that period forward and shall indemnify, defend and hold the other harmless from and against any such liability. 10. Medical/Health Insurance. Upon execution hereof, each party shall be responsible for their own medical/heal th insurance and the maintenance thereof, if any. 11. Entire Aqreement. This Agreement constitutes the entire understanding between the parties, and there are no covenants, conditions, representations or agreements, oral or written, of any nature whatsoever, other than those herein contained. 12. Leqallv Bindinq. It is the intent of the parties hereto to be legally bound hereby, and this Agreement shall bind the parties hereto and their respective heirs, executors, administrators and assigns. 13. Full Disclosure. Bach party asserts that she or he has fully and completely disclosed all the real and personal property of whatsoever nature and wheresoever located belonging in any way to each of them; of all debts and encumbrances incur.red in any manner whatsoever by each of them; of all sources and amounts of income received or receivable by each party; and of every other fact relating in any way to the subject matter of this Agreement. These disclosures are part of the consideration made by each party for entering into this Agreement. Bach party further represents and warrants that there are no undisclosed debts or obligations for which the other party may be liable, and each party shall indemnify and hold harmless the other party from any such liabilities, including attorneys' fees and costs. 14. Costs to Bnforce. In the event that either party defaults in the performance of any duties or obligations required by the terms of this Agreement, and legal proceedings are commenced to enforce such duty or obligations, the party found to be in default shall be liable for all expenses, including reasonable attorneys' fees, incurred as a result of such proceedings. 15. Aqreement Voluntarv and Clearly Understood. Bach party to this Agreement acknowledges and declares that he or she respectively: (a) Is fully and completely informed as to the facts relating to the subject matter of this Agreement and as to the rights and liabilities of both parties; (b) Enters into this Agreement voluntarily after receiving the advice of independent counselor, having been advised to consult independent counsel, has knowingly and voluntarily chosen to forego such consultation; (c) Has given careful and mature thought to the' making of this Agreement; (d) Has c:arefully read each provision of this Agreement I and Ie) Fully and completely understands each provision of this Agreement, both as to the subj ect mat ter and legal affect. (f) Agree that Fenstermacher and Associates, P.C. has disclosed to the parties the conflict of interest in representing both parties and as a result of such full disclosure the parties hereto waive any conflict that now or may exist and consent to the joint representation by Fenstermacher and Associates, P.C. thereon. 16. Amendment or Modification. This Agreement may be amended or modified only by a written instrument signed by both parties. 17. Applicable Law. This Agreement shall be governed, construed and enforced under the statute and case law of the , Commonwealth of Pennsylvania. 18. Spousal Support, In contlideration of the terms hereof, Husband and Wife mutually agree to waive any claim either may have for alimony or spousal support. 19. Counterparts. This Agreement may be executed' in separate counterparts, each counterpart deemed an original and when combined represents che legal binding intent of the parties hereto. 11JI, , r" ,I I I "., r. , . 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