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HomeMy WebLinkAbout97-05694 I' " , , , " " , , I , , " \It .~ .... N , , , I', , , " , 1 1 1 , , 1 '" ,. ,1[, " 1 , " 1 ,I 11"1 I' I I,' I" , , , , I' ,. ,I " l,lI , " , ' , " " I, , " " ,) ',j ,'II'i' " 1,':1 , . ;;1 " " ..I " I" I, , ".11 , " " ," ',I ~I \ I il'I'-ll ,1 '1 ' _! ,~ II j',,_,;\) \ It' '(:,'1 ',',' ! '11~~ 1,'\Fi '1,'11 ,,'Ij 1-' ). ,\ _.!. ,'_"~ ",,;;I',,)(j' ~'. r. _ \ ~ ';.,'il!;i'lh '\1) .', !~~i' ,.\',: !:\Ai+i~~~ , /',~\\{)tt'~l<'] , ,,',ll,\':',;',\~{.~ '.f''', ':""l'\U, 'f;"'j'! 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WITNESSETH, That: WHEREAS, the parties hereto are husband and wife, having been lawfully Joined in marriage: on July 2, 1983, in Bennington, New Hampshire; WHEREAS, it is the intention of the parties to settle fully and finally their respective financial and property rights and obligations as between each other arising out of the marriage relationship or otherwise, including without limitation (1) the settling of all matters between them relating to the ownership of real and personal property; (2) the settling of all matters between them relating to the past, present and future support and/or maintenance of HUSBAND and WIFE; and (3) the settling of all matters between them relating to any and all rights, titles and interests; claims and possible claims in or against the estate of the other. NOW, THEREFORE. with the foregoing recitals being hereinafter incorporated by reference and deemed an essential part hereof in consideration of the foregoing recitals, the mutual promises, covenants and undertakings herein set forth. and for good and valuable consideration, receipt of which is hereby acknowledged by each of the parties hereto. HUSBAND and WIFE, each intending to be legally bound hereby, covenant and agree as follows: 1. ADVICE OF COUNSEL HUSBAND and WIFE dl1c1orll that they hove each hod a full and fair opportunity to obtain Independent Il1gol odvlcl1 of counsel of their selection. Each party further declares that they ore executing this agreement frl1ely and voluntarily, having obtained such knowledge and disclosure of thl1Y Il1gal rights and obligations and that they acknowledge that this agreement is fair and equitable und Is not thl1 rl1sult of uny fraud, coercion, duress, undue Influence or collusion. Both parties orl1 cognizant of Ihl1lr right to legal representation and declares that they have chosen not to retain on olloml1Y. Thl1 parties have chosen Instead to negotiate directly with each other. The parties hereby ucknowledge thaI they have done so willingly and the they fully understand the facts and has belln fully infonned and understands that had a Court decided this maller, the partlea may have received more or less than is provided for in this Agreement. The parties knowingly waive their rights, if any, to utilize the lack of legal representation as a basis to allack the validity of this Agreement. Both parties further acknowledge and agree that each has fully disclosed thllir respective financial situations to the other, including their assets, liabilities and income. Each of the parties acknowledge and agrees that, after having received such Infonnation and with such knowledge, this Agreement is fair, reasonable and equitable and that it is being entered into freely, voluntarily and in good faith and that the execution of this Agreement is not the result of any duress, undue influence, coercion, collusion and/or improper or illegal agreement. 2. PERSONAL RIGHTS HUSBAND and WIFE may and shall, at all times hereafter, live separate and apart. Each shall be free from all control, restraint, interference or authority, direct or indirect, by the other in all respects as is she or he were unmarried, except as may be necessary to carry out the provisions of this Agreement. Each may reside at such place or places as she or he may select. Each may, for his or her separate use or benefit, conduct, carry on and engage In any business, occupation, profession or employment which to him or her may seem advisable. This provision shall not be taken, however, to be an admission on the part of either HUSBAND and WIFE of the lawfulness of the causes which led to, or resulted in, the continuation of their living apart. HUSBAND and WIFE shall not molest, harass. or malign the other or the respective families of each other, nor compel the other to cohabit or dwell in any manner with him or her, nor in any way interfere with the peaceful existence, separate from each other. 3. DEBTS Each party represents that they have not contracted any debt or liability for the other for which the estate of the other party may be responsible or liable except as otherwise provided herein. and that except only for the rights arising out of this Agreement, neither party will hereafter incur any liability whatsoever for which the other party or the estate of the other party will be liable. Each party agrees to indemnify and hold hannless from and against all future obligations of every kind incurred by them. including those for necessities. HUSBAND shall be solely liable and responsible for the following marital debt and wll1 3 indemnify and hold WIFE hannless from the same. This specific Indemnification shall include but not be limited to the following creditors: I. Discover Credit Card 6011 002970552501 (approximate balance = $1100) 2. Various Credit Cards in HUSBAND's name alone Simultaneoulsy with the execution of this Agreement, WIFE shall I'etum this credit to HUSBAND. HUSBAND shall remove WIFE'S name from this credit card within 30 days of the execution of this Agreement. HUSBAND agrees to indemnify and hold WIFE harmless from each Qf the aforementioned debts. HUSBAND further agrees to be responsible for all allomeys' fees incurred by WIFE in defense of any claim or suit brought against her arising from any debt incurred during the marriage. To the be3t of the parties' knowledge, the parties affirm no other joint debts exist. WIFE shall be solely liable and responsible for the following marital debts and will indemnify and hold HUSBAND harmless from the same. This specific indemnification shall include but not be limited to the following creditors: 1. VISA Credit Card (WIFE name alone) Approximate Balance Is $:;500 2. Various Credit Cards in WIFE's name alone. WIFE agrees to indemnify and hold HUSBAND hannless from each of the aforementioned debts. WIFE further agrees to be responsible for all allomeys' fees incurred by 4 HUSBAND In defense of any claim or suit brought against him arising from any debt incurred during the marriage. To the best of the parties' knowledge, the parties affinn no other joint debts exist. 4. WAIVER OF APPRAISAL AND INVENTORY The parties acknowledge and agree that they have each had an opportunity to value or have appraised any and all marital property, and they do hereby waive a fonnal appraisal and inventory of same, and no statement or representation by either party as to value shall be deemed a misstatement or misrepresentation to the other or be deemed fraudulent. 5. MARITAL AND NON.MARITAL ASSETS HUSBAND and WIFE do hereby acknowledge that they have heretofore divided the non- marital assets and marital assets including but without limitation, business intereslS, jewelry, clothes, fumiture, stocks, bonds, pensions and other assets wherever situated whether real, personal or mixed, tangible or intangible, and HUSBAND agrees that all assets in the possession of WIFE shall be the sole and separate property of WIFE; and, WIFE agrees that all assets in the possession of HUSBAND shall be the sole and separate property of HUSBAND. Each of the parties does hereby specifically waive, release, renounce and forever abandon whatever claims, if any, he or she may have with respect to any of the above said items which are the sole and separate property of the other. This document shall constitute a bill of sale for said sote property. The parties acknowledge that some of WIFE's personalty remains at the marital residence. HUSBAND agrees to allow WIFE to remove the following personalty from 1M. 5 be longer that 6 months in duration. The parties agree that in the event the real estate must be sold they shall accept any offer within 10% of the list amount. HUSBAND shall receive all proceeds from the sale of the real estate less any payments WIFE has made towards this property since the execution of this Agreement. Should HUSBAND default on any of the aforementioned liabilities and it becomes necessary for WIFE to pay any amount to York Federal as a result of her liability on the mortgage and/or home equity loan or any other liability associated with the marital real estate, HUSBAND authorizes and empowers any Prothonotary, Clerk or Attomey of any Court of record within the United States or elsewhere to appear for him and in favor for WIFE for the above sum plus interest thereon from the date hereof. with costs of suit and an allomey' s commission of 15% for collection. HUSBAND hereby releases all errors and expressly waives all rights to any stay of execution. sequestration or rents and exemption of any property from levy and sale of execution under any law or rule of Court now in force or hereafter enacted. All of the foregoing promises are the joint and several promises of HUSBAND and shall bind his heirs, personal representatives. successol's and assigns. HUSBAND hereby waives protest, demand and notice of non-payment of this Agreement. 7. MOTOR VEHICLES WIFE shall have sole title and ownership of the parties' 1992 Spirit. HUSBAND shall have sole title and ownership of the parties' Dodge Ram Truck and 1971 Dodge. Neither of 7 fair, adequate and satisfaclory to them. BOlh partle~ agree 10 accept the provisions set forth In this agreement In lieu of and In full and final selllement and sallsfaction of all claims and demands Ihat either may now or hereafter have against the olher for equitable distribution, alimony, alimony pendente lite, counsel fees, costs and expenses or olher provisions for their support and Inainlcnance before, during and after the commencement of any proceeding for divorce or annulment between the parties. 12. AFTER ACOUIRED PERSONAL PROPERTY/FUTURE EARNINGS Each of Ihe parties shall hereafter own and enjoy independently of any claim or right of the other, all items of personal property, tangible or intangible, hereafler acquired by HUSBAND or WIFE, with full power in him or her to dispose of the same as fully IIJ1d effectively, in all respects and for all purposes, as though he or she were unmarried. 13. ALIMONY. SUPPORT AND MAINTENANCE Both parties acknowledge and agree Ihatthe provisions of this Agreement providing for equitable distribution of marital property are fair, adequate and satisfactory to them and are accepted by them in lieu of and in full and final satisfaction of any claims or demands that either may now or hereafter have against the other for support, mainlenance or alimony. HUSBAND and WIFE further, voluntarily and intelligently, waive and relinquish any righl 1,0 seek from the olher any payment for spousal support. alimony and maintenance. HUSBAND agrees to continue 10 cover WIFE on his health insurance policy until she 9 , '.' obtains her own Insurance or until they are divorced, whichever shall come first, WIFE shall reimburse HUSBAND for the additional cost for her coverage, 14. 1997 TAXES The parties agree that they shall file jointly for 1997. They agree to exchange information for the calculation of said taxes by February 1, 1998. The taxes shall be completed by March 1, 1998, Any refund or liability shall be equally divided. 15. SUBSEOUENT DIVORCE A decree In divorce, entered by a court of competent jurisdiction to either party, shall not suspend, supersede 01' affect the tenns of this Agreement. Both parties agree to enter a Consent Decree concerning the provisions of this Agreement In the Court of Common Pleas of Cumberland County, Pennsylvania, or any other Court of competent jurisdiction, as a part of a resolution of any divorce action filed. This Agreement, and the terms and conditions contained herein, as well as the enforcement of said terms and conditions, shall not be contingent upon the granting of a Divorce Decree to either party by the Court of Common Pleas of Cumberland County, Pennsylvania, or any Nher Court of compett'nt jurisdiction. Furthermore, both parties hereto agree to timely execute the appropriate affidavits and consents to secure a No-Fault Divorce as may be required by the Divorce Code of 1980, as amended. Both parties hereto agree that this Agreement may be incorporated into a separate Court Order but shall not merge in such order in the Court of Common Pleas of Cumberland County, Pennsylvania. 10 16. OTHER DOCUMENTAIJ!lli HUSBAND and WIFE covenant and agree that upon request of the other party, they wUl forthwith execute and deliver to the other party, any and all written instruments, assignments, releases, satisfactions, deeds, notes or such other writings as may be necessary or desirable for the proper effectuation of this Agreement. 17. MUTUAL WAIVER AND RELEASE OF RIGHTS AND CLAIMS IN ESTATE Each party hereby releases. waives and relinquishes any and all rights which he or she may now have, or may hereafter have. against the other party under the present or future laws of any jurisdiction (a) to share in the estate of the other party upon the other party's death and (b) to act as executor/rix or administrator/rix of the other party's estate. 18. MUTUAL RELEASE 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 and from any and all rights, title and interests, or claims in or agai1l5t 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 she or he now ha or at any time hen:after 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 equitable distribution, dower or courtesy, or claims in the nature of dower or courtesy of widow's or widower's rights, family exemption or similar allowance, or under 11 f;: 'o"J' ,..,~ ~J~~ f . ( .1.,. . ()I' 6~ "I [i.. 1 I. 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