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HomeMy WebLinkAbout97-05707 - - tJ ~ 0 ;j . ., 1 " 0 f ~ I ~ j -- ., .> o (/ t- O e- If) r-I 0) 01 Z .:.:. .:+:. .;+:. -:.:. .:+:. .~,~;.~+~. ~~,!?~ .::~' ..;~:. ~:~:'. ':.:'_::~:'.,':.;.' . :~:', _~:.:',<~:'. -:.:. <+;. <+;. :. -:.;. <~:. ',:.:' -:!::__:~_+::._~:~:~ ~:~:":+::__-:!:' ',4 ~i __~__~~v__,~._ ~ ~I ~\ ~I ~l ~I ~ 8 _.q.. -~.' - .-.. -., --- !it -:+:. .;+:. .;+;. .:+:. .:+:. .:.:. .:.:. -:.:. .>>:. ->>:. IN THE COURT OF COMMON PLEAS ~ OF CUMBERLAND COUNTY ~. STATE OF ;~~~ PENNA, ,~ ~ ~ '.' ~ Roberta E. Clewell Plaintiff ................. 11) ~ ,"' 97-5707 I,ll, . ~ ,;, r,; Vt"';Hl:i ~ '.' Christopher J. Clewell Deferrlant ~ '.' ,;, r,; i:, r,; ~ '.' DECREE IN DIVORCE AND NOW,.., .~~. .lq.,.,., 19.9:.6.,. it is ordered and ,~ ~ ~l ~ " ,~ ~ decreed that ,.~,?~rt~. ~.'. ~~~e~~...,..,..,...,.,...,......"., plaintiff, and ' .. , .. . . . . . .~z:i,~~o(?~er .~ ...Clr;w~~~ . . . . . .. . .. . ' .. . , , . , , . . " defendant. are divorced from the bonds of matrimony. ,;, ~ ~ ~ 8 ~ The court retains jurisdiction of the following claims which have been raised of record in this action lor which a final order has not yet been entered; W~ '" ~ ,;, r,; ~ . ... .,... ,.... .~is,decr~,~hall.~nco~rate.~~t.no~.~~.~~.~~~~~..., .. ,.... .~~~~~ ,~t~l~~,~~~t.Q4t~.~~~~~ty.~,.l~~~,.. ...., ........ , /1/ ny~clC~ Allest: ~ ~ ,;, r,; Prothonotary ~ ..' ~ ~ ~ ~ ~ -,---- -_.. :~:. .4f} .:.:. .>>:. ;..t: .' .:+:. .;+:. .:+:. .:+:. .:+:. .:+;. .;+:- .:+:- .:+:. .:+;. .:+:- .:.:. .:+:- ,;, " s ~ ~ '.' ~ .'. ~ " " ,;, " ~ ~ w ., ~ 8 ~ ,~ ~ I, ~ ~ ~ 8 ~ ~ ~ ~. ~ ,;, " ~ ,;, " ,;, " 8 8 8 8 J. ~ 8 ~ ,;, " ROBERTA E. CLEWELL. Plaintiff : IN THE COURT OF COMMON PLEAS :CUMBERLAND COUNTY, PENNSYLVANIA v. NO: 97 - 5707 Civil Tcrm CHRISTOPHER J. CLEWELL. Defendant CIVIL ACTION - LAW IN DIVORCE CERTIFICATE OF SERVICE I, Barbara Sumple-Sullivan, Esquirc, do hercby ccrtify that on this date, I served a true and correct copy of the foregoing PLAINTIFF'S PRAECIPE TO TRANSMIT RECORD, in the above-captioned matter upon the following individual{s) by first class mail. postage prepaid, addressed as follows: Bernard A. Yannetti, Jr.. Esquire Hartman and Yanneui 126 Baltimore Street Gettysburg. PA 17325 DATED: ~/? cV Bar Surnple-Sullivan, Esquire 549 Bridge Street New Cumberland, P A 17070-1931 (717) 774-1445 Supreme Court 1.0. No. 32317 Attorncy for Plaintiff (I ~ :;: ~ """ ~ d ,. C'J f~ ;:J S ,.' ". ..., ~ 2: ... \.' ~ ~ , , ;g :l :!! I" ' . <J'-:> (-", ~ :lB~ jl \ :,( ~ ~ ell U} ~ ~ (I "Cl ~ ~h I \ ~. 0- ..\ ro <) t: n. .. z I "(') o :! 8' ffi ( , i.; 0 ~ :l ii II. L. .. -'C ~~ . Ul. . , r- ~ ~-; ~q u -..' (;~ '.,J '" "- ~ ffi ~ ,... 0 ~ ~ ~~~ aI ::J 0 ~ z . , . . >- tn ?:: u; C\; -~ ....~ ~-~ l"P co-: ?~ . ):. or: ) ~!: F.: : u... -; ....~ o~: ,..., ',,:) S. , , II ~ . .. !t'J 17t: c:' ., I.', .}l..l.... , .. LL.. :::-~ ,~ CO 0 U ;;..\ ROBERTA E. CLEWELL, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSVLVANIA v, NO: CHRISTOPHER J, CLEWELL, Defendant CIVIL ACTION - LAW IN DIVORCE COMPLAINT IN DIVORCE I. Plaintiff is ROBERTA E. CLEWELL, an adult individual residing at 1103 Yverdon Drive, Apt. C-I, Camp Hill, Cumberland County, Pennsylvania 17011. 2, Defendant is CHRISTOPHER 1, CLEWELL, an adult individual residing at 1803 Anna Street, new Cumberland, Cumberland County, Pennsylvania 17070, 3. Both Plaintiff and Defendant have been bona fide residents in the Commonwealth of Pennsylvania for at least six (6) months prior to filing this complain!. 4. The Plaintiff and Defendant were married on May 14, 1988, in Camp Hill, Cumberland County, Pennsylvania. 5. There is one (I) minor children born of this marriage: Jacob W. Clewell, born November 5, 1992. 6. The parties separated in April, 1997. 7, Neither Plaintiff nor Defendant is in the military or naval service of the United States or its allies within the provisions of the Soldiers' and Sailors' Civil Relief Act of the Congress of 1940 and its amendments. 8, Plaintiff has been advised that counseling is available and that Plaintiff has the right to request that the court require the parties to participate in counseling, COUNT I . DIVORCE NO FAULT 9. The averments in paragraphs I through 8 of Plaintiff's Complaint are Incorporated herein by reference thereto. 10. The marriage is irretrievably broken and no possibility of reconciliation exists. WHEREFORE. Plaintiff requests entry of a divorce decree in her favor in accordance with ~ 3301 of the Pennsylvania Divorce Code, COUNT II EOUITABLE DISTRIBUTION 11. The averments in paragraphs 1 through 10 of Plaintiff's Complaint are incorporaled herein by reference thereto, 2 f:; If) G: ('oJ , "'. .- ~5,..-. ~.. IJJ~-'~ ,,,: , # .~- .' Q'. - ~ :".:': .- i.. ~ " fl.. " r'-, r. . ():-~. (""J ~/] ,. . ~L. (.. -A'" c::-. :~f;j U:~l 11.~ ;Jj u.. (.. ...... ::3 ,.. ro 0 cr U "- If) c." r~ 0"' ('J ,~~: -. i J J ~ .. :jr.... CO-; I_J'. J. 1::.(/ ~ - u:: '0 ~j, .~. :..j u f-l' -'"J ;'.'J L' ~l --, c-' C~, , .' '- I J'J 1.\; l.4.. ...... I.: (C -, G .:..:., ", '..J il ROBERTA E, CLEWELL, Plaintiff IN TIlE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v. NO: 97 - 5707 Civil Tenn CHRISTOPHER J, CLEWELL. Defendanl CIVIL ACTION - LAW IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REOUEST ENTRY OF A DIVORCE DECREE UNDER 11330J(c) OF THE DIVORCE CODE I. I consent to the entry of a final decree of 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 c1airn lhem bcforc a divorce is granted, 3. I understand that I will not be divorced until a divorce dccrce is entered by the Court and Ihat a copy of the decree will bc scnt to mc immediately after it is filed with the prothonotary . I verify that the statemcnts made in this affidavit are true and correct. I understand that false statement herein are made subject to the penalties of 18 Pa.C,S, ~4904 relating to unsworn falsification to authorities. DATE: 2Is/r~ ~~~ Christopher J, Clewell >. lrJ , (" " ('..' f:: ;.~~ -' ~u( F. '5..,. ). l;'':( , I l.'___. Ll. U' , " , I c. e, , (') M l> , , , , rei co:: :; ~~~ j , I.....; ,- L... '.'--.. "- c...:;: -'- 0 ::J C;'l u " 1: f' , , . I , " J " ') , ~ . , " , , ; .) " " ...J ) r , ,f ) ;.".. " ; ,) ) ./11 ',\ I :-:~') .. I ::} --.. ':;'1 . ., ~ PI .. ~ d z !) ~ !:: 3 ~ :Jt;~ 1ft Ul w ~ ~ ~h t: II. '" Z o ~ 8 ffi ~ :J ~ 0. ~ III m . c( m Q ~ Z O::"~ ;a ffi 0:: m c( :I lD a ~ z . . . EXHIBIT "A" aCompett""",, I Itl4'Ot a 101 tdditiotW ~. .CompIete ItemI 3, 41. and 4b. 'Pnnl VO'# '*"' and add.1 on Iht nlvttM ollNt bm 10 1N1.. can....urn ttlI COld......, 'AnKh eNllotm 10 lhI fronI of thI rnaUp!eQt, at on the bK*" ItPRI: doN not '=!RiIUn R<<>>Ipt ~ed'on n. malptKt bellow &he ",Ide;~. .The RMum Reeetpt W11lhOw 10 whom the Mid, ..1 ~v-.d end tht daI, -.,...s. 3. . r...edto: ~ ~I.V\. "J. U I So 3 ~A S-tucf NuJ~~# 1101rJ . 'c- ,t i I " :& il , , , t , t , , I , P ~~.......~,..~~...,.,..,_......-"'~.~-~ . 4a. I a110 with 10 'acal.. lha foltowlng "MeU (lot an '_1"): 1. 0 Add'u...'. AddtIN 2.)Il. R..trlCllld Dellv.ry eon.ull potlmUtorlot I... rtk:1. Numbe, f J: r f .D I ! 4b, .rvIca YP' o R.gl.t.,lId )CIl C.rtJftlld o Exp.... Mall 0 Insured o Allum AIOIIplIot ....rthondI.. 0 COD 7. Oat. of6~'f"2 2 S1 8. Add........ Add.... (Only II '_'id - II. " paid) P 308 769 1!i!8 RECEIPT FOR CERTIFIED MAIL NOIJrlSUIlAACE CovtRl.GE PflOVIOlO "01 lOR IHI(R",,1l0JrlAllllAll (Seo Re~f'f5t'J I d ~ ~ Certllled Fee SpecIal Ot!live,v Fee Restncted Oah~cry Fee Aelurn Rt'Coopl !Iho,^,lng 10 .....hom ;tntl Oilh~ Dohvl'flHl .. III ~ ~ ., ~ ~ Ie . J~ St ~ -.. ,.- f'l Uj.... L't. . fL. '. I,'" CI;') J." : t.- l.__ U'l ('0.. F. .... ~.~ ~ --', .. ~'." l) ~_::. r"' :~j 'i_i ", . .' ~ 01 .. ~ cl ~ ~ 3 i ~ 8 ~ e ~ E ~ ~ D. '" Z o ~ 8 ffi . :J ii1 "': j VI II 0 ce::z O:"j ~ ~ II: :l -< :l m u ~ z - ... u.. ,., L ,I,. 1'- o (' l, U u; (J, .,j .:':- ~:i o . " . c;\dIc.\clintti\rlewtll\nu. MARITAL SETTLEMENT AGREEMENT /.---P TillS AGREFMENT, made this ~ day of dilMJI14tj I 1998, by and betwccn CHRISTOPHER J. CLEWELL. hereinaftcr rcfcrrcd to as "HUSBAND", and ROBERTA E. CLEWELL, hercinaftcr rdcrrcd to as "WIFE", WITNESSETH, That: WHEREAS, the parties hereto arc husband and wife. having bcen lawfully joincd in marriage on May 14, 1988, in Camp Hill, Cumbcrland County, Pennsylvania, WHEREAS. one (I) child was born of this marriage bcing JACOB W, CLEWELL, born Novcmbcr 5. 1992. WHEREAS, it is thc intention of the partics to sellle fully and finally thcir rcspectivc financial and property rights and obligations as bctwcen cach other arising out of the marriage rclationship or otherwise, including without Iimitatioo (1) the sell ling of all mailers bctwecn them rclating to thc ownership of real and personal property; (2) thc sCllling of all mailers between thcm relating to the pasl, present and future support and/or maintcnance of HUSBAND and WIFE; (3) the sellling of all mailers between them relating to the past, present and future support or maintenance of their minor child, and (4) the sellling of all mailers 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 deerned 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 hcreby, covenant and agree as follows: I. ADVICE OF COUNSEL HUSBAND and WIFE declare that they have each had a full and fair opportunity to obtain independent legal advice of counsel of their selection, WIFE has bccn indep<mdently represented by Barbara Sumple.Sullivan, Esquire, HUSBAND has bcen inJepcndently represented by Bernard A, Vannelli, Esquire. Each party further declares that they are executing Ihis agreement freely and voluntarily, having obtained such knowledge and disclosure of they legal rights and obligations and that they acknowledge that this agreement is fair and equitable and is not the result of any fraud, coercion, duress, undue influence or collusion. 2. PERSONAL RIGHTS HUSBAND and WIFE may and shall, at all times hereafter. live separate and apart. Each shall be free from all control, reslraint. 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 OIay select. Each may. for his or her separate use or benefit, conduct, carryon 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. 2 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 exislence, separate from each other, 3, DEBTS Each party represents thatlhey 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 harmless from and against all future obligations of every kind incurred by them, including those for necessities, Each party shall be responsible to satisfy any marital deb I existing on credit cards titled in their respective names. To the best of the parties' knowledge, the parties affirm 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 formal 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, 3 :S, MARITAL AND NON.MARITAL ASSETS HUSBAND and WIFE do hcrcby acknowlcdgc tlullthcy have heretofore divided thc non- marital asscts and marital asscts including but without limillllion, busincss Intcrcsts, jcwclry, clothcs, furniturc, slocks, bonds, pcnsions and olhcr assets whcrcvcr situatcd whclhcr rcal, pcrsonal or mixcd, tangiblc or intangiblc, and HUSBAND agrccs Ihal all assel3 in thc possession of WIFE shall bc Ihc sole and scparate property of WIFE; and, WIFE agrees thai all asscts in Ihc posscssion of HUSBAND shall bc Ihe sole and separalc propcrty of HUSBAND. Each of the parties does hcreby specifically waivc, rcleasc, rcnounce and forever abandon whatever claims, if any, hc or shc may have with rcspectto any of thc above said items which arc the solc and scparate propcrty of the other. This document shall constitute a bill or sale for said sole property. 6. REAL ESTATE The parties jointly own property at 1803 Anna Street, Ncw Cumberland, Pennsylvania. Said house is encumbcrcd by a mortgagc in the amount of $59,106,46 duc and owing to Fleet Mortgage. HUSBAND agrees \0 refinance said mortgage in his name alonc wilhin ninety (90) days of execution of this agreement. Upon successful refinance, WIFE shall execute a Quitclaim Deed transferring all her rights, title and i..terest to HUSBAND, 4 7. MOTOR VEJIICLES HUSBAND shall havc solc titlc and owncrship of thc partics' 1992 Nissan. WIFE shall havc solc titlc and owncrship of thc partics' 1988 Honda, Thc 1992 Nissan vchiclc is encumbcrcd, HUSBAND agrccs to indcmnify and hold thc WIFE harmlcss for said cncumbrancc on thc vchiclc hc is rccovcring titlc to. Husband agrccs to bc rcsponsiblc for any allorncy fccs incurrcd by WIFE in defcnsc of any claim or suit brought against hcr arising from said dcbt or incurred to cnforcc this indcmnification. 8. PENSION Each party hercby waivcs any and all claims that hc or she may havc against the other to any pcnsion. cmployee saving or othcr stock bcnefit program of the other, if applicable. 9. BANK ACCOUNTS AND INVESTMENTS Each party shall havc solc posscssion of thc bank accounts in their own names. 10. INSURANCE Each party shall rctain owncrship of any lifc insurancc policy in his or hJr namc. Each party agrecs to carry lifc insurancc in a sum of not Icss that FIFTY THOUSAND DOLLARS ($50,000.00) on him or hcrsclf with thc child namcd as irrcvocablc bcncficiary until the child rcachcs thc agc of eightccn (I8) ycars, 5 II. CASH PAYMENT HUSBAND shall pay 10 WIFE thc sum of FOURTEEN THOUSAND DOLLARS ($14.000.00). Furthcr, Ihc parlies acknowledgc Ihat WIFE would bc cnlhlcd an addilional TEN THOUSAND DOLLARS ($10,000.00) as pari of Ihc Ilquilable distribulion of Ihe marilal cslalc. WIFE will conditionally waives hcr rights 10 reccive said TEN THOUSAND DOLLARS ($10,000.00) providcd HUSBAND makcs no claim againsl her for child support while Ihe children are in his primary cuslody, The parties recognize, acknowlcdge and agree Ihat Ihey cannot propcrly prevenl or foreclose HUSBAND from commencing any action for support of Ihe parties' child, In Ihc evenl Ihal HUSBAND makes any such claim, said sum of TEN THOUSAND DOLLARS ($10,000,00) shall bccome immcdialcly due and payablc 10 WIFE, 12. TAX FILING HUSBAND and WIFE agree that Ihey shall rile a joint federal tax relurn, It is expected thai same will generate a rdund of ONE THOUSAND DOLLARS ($1,000,00). Said refund shall be Ihe sole property of WIFE. In thll unexpccted cvcnl that any loss is generated. HUSBAND shall be responsible to pay same and hc shall save and hold WIFE harmless from any liability arising out of said relurn or any prcviously riled tax returns. 13. MUTUAL WAIVER AND RELEASE OF RIGHTS AND CLAIMS CONFERRED BY THE PENNSVLVANIA DIVORCE ACT OF 1980. AS AMENDED HUSBAND and WIFE acknowlcdge and agree that the provisions of lhis Agreemcnl are fair. adcquatc and satisfactory 10 them. Bolh parties agree to accept the provisions set forth in 6 this agrcemcnt in Iicu of and in full and final sculcmcnt and satisraction or all claims and dcmands that eithcr may nolV or hcrcarlcr havc against thc other ror equitable distribution, alimony, alimony pcndcnte lite. counsel rccs. costs and cxpenses or other provisions for their support and maintcnance bcrore, during and arter the commcncement or any proceeding ror divorce or annulment betwecn the partics. 14. AFTER ACOUlRED PERSONAL PROPERTY/FUTURE EARNINGS Each or the parties shall herearter own and enjoy independently or any claim or right or the other, all items or personal property, tangible or intangible, herearter acquired by HUSBAND or WIFE, with rull power in him or her 10 dispose or the same as rully and errectively, in all respects and ror all purposes, as though he or she were unmarried. 15. ALIMONY. SUPPORT AND MAINTENANCE Both parties acknowledge and agree that the provisions or this Agreement providing for equitable distribution of marital property are rair, adequale and satisractory to them and are accepted by them in lieu of and in rull and final satisractioll or any claims or demands that either may now or herearter have against the other ror support, maintenance or alimony. HUSBAND and WIFE rurther, voluntarily and intelligently. waive and relinquish any right to seek rrom the other any payment for spousal support, alimony and mainlenance, 7 16. CUSTODY AND VISITATION HUSBAND and WIFE shall have shared legal and physical custody or the parties' minor child, 17. SU8SEOUENT DIVORCE A decree in divorce, entered by a court or compelent jurisdiction to either party, shall not suspend, supersede or arrect the terms or this Agreement. Both parties agree to enter a Consent Decree concerning the provisions or this Agreement in the COIlrt or Common Pleas or Cumberland County, Pennsylvania, or any other Court or competent jurisdiction, as a part or a resolution or any divorce action riled, This Agreement. and the terms and conditions contained herein, as well as the enrorcement or said terms and conditions, shall not be contingent upon the granting or a Divorce Decree to either party by the Court or Common Pleas or Cumberland County, Pennsylvania, or any other Court or competent jurisdiction. Furthermore. both parties hereto agree to timely execute the appropriate aHidavits and consents to secure a No-Fault Divorce as may be required by the Divorce Code or 1980, as amended. Both parties hereto agree lhat this Agrccmcnl may be incorporated into a separatc Court Order but shall not merge in such order in the Court or Common Pleas or Cumberland County. Pennsylvania, 18. OTHER DOCUMENTATION HUSBAND and WIFE covenant and agrce that upon request or the other party, they will rorthwith execute and dcliver to the other party. any and all written instruments, assignments. 8 rclcascs, satisfactions, dccds, notcs or such othcr writings as mllY bc ncccssary or dcsirablc for thc proper crrectuatlon of this Agrccment, 19. MUTUAL W AIVER ANI> RELEASE OF RIGHTS AND CLAIMS IN ESTATE Each party hcreby rclcascs, waivcs IInd rclinquishes IIny and all rights which he or she mllY now have, or may hereafter have, IIgllinstlhc other pllrty under the prcsent or ruture laws of any jurisdiction (a) to sharc in the cstllte of thc other party upon thc other party's death and (b) to act as cxccutor/rix or administrator/rix of thc othcr pllrty's estate. 20. MUTUAL RELEASE HUSBAND and WIFE cach do hcrcby 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, titlc and Inlerests, or claims in or against the property (including Income and gain from properly hcreafter accruing) of the othcr or against the estate of such other, of whatever nature and wheresoevcr situatc, which sh~ or he now has or at any time hereafter may have against such othcr, 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 thc nature of dowcr or courtesy of widow's or widowcr's rights, family exemption or similar allowance, or under the intestate laws, or thc right to takc against the spousc's will. or thc right to treat a lifetime conveyancc by the othcr as testamentary, or all othcr rights of a surviving spouse to participate in a dcceased spouse's cstate. whethcr arising under the laws of (a) Pcnnsylvania, (b) any State, 9 commonwcalth or tcrritory of thc Unitcd Statcs, or (c) any othcr country, or and rights which HUSBAND or WIFE may havc or at any timc hcrcaftcr havc for thc past, prcscnt or ruturc support or maintcnancc, alimony, alimony pcndcntc litc, counscl fecs, costs or cxpenscs, whcthcr arising as a rcsult of thc marital rclation or othcrwisc, cxccpt. and only cxccpt, all rights and Agrccmcnts and obligations of whatsocvcr naturc arising or which may arisc under this Agrecmcnt or for thc brcach of any thcrcof. Each of the parties hercto furthcr covcnants and agrccs for himself and herself and his or her heirs, cxccutors, administrators and assigns, that he or shc will never, at any time hereaftcr, sue thc othcr party or is or hcr hcirs, executors, administrators and assigns, for the purpose of cnforcing any of thc rights rclinquished undcr this paragraph. Each of the parties further covcnants and agrccs that hc or shc will pcrmit any will of thc other to bc probalcd and allow administration upon his or hcr pcrsonal, rcal or mixcd cstatc and allow effccts to be taken out by the pcrson or pcrsons who would have bccn cntitlcd to do so had HUSBAND or WIFE died during the Iifctimc of thc othcr, Each of thc partics hcreby relcascs, rclinquishcs and waives any and all right to act as cxccutor or executrix or administrator or administratrix of the othcr's estate. It is the intention of HUSBAND and WIFE to givc to cach other by thc exccution of this Marital Scttlement Agrecmcnt a full, complctc and gcncral relcasc with rcspcct to any and all propcrty of any kind or naturc, rcal, pcrsonal or mixcd, which thc othcr now owns or may hcrcaftcr acquirc, cxccpt and only cxccpt all rights and Agrccmcnts and obligations or 10 COMMONWEALTH OF PENNSYLVAN~) COUNTY OF(}I/I/8/U/J<-.... ) ) SS. ) Before mc, thc undersigncd officer. a Notary Public in and for said Commonwcalth and County, pcrsonally appearcd CHRISTOPHER J. CLEWELL who bcing duly affirmed according to law, dcposcs and says thatlhc facts and mattcr sct forlh in the within and forcgoing Marital Settlement Agreement arc true and corrcct 10 thc bcsl of his knowlcdgc. informal ion an b licf. 5'~y "JfJJL1" ~ sub,'icribcd to bcforc mc lhis I My commission cxpircs: IIOT ~l\'f,\. s~ PubIlG IO;:~"''''''~~co. ~~eoro, .._ Ie. IgQ9 N:~~'"'" COMMONWEALTH OF PENNSYLVANIA ) ) SS, ) COUNTY OF CUMBERLAND Bcforc mc, lhc undcrsigncd officer, a Notary Public in find for said Commonwealth and County. pcrsonally appcarcd ROBERTA E. CLEWELL who bcing duly affirmed according to law. dcposcs and says thatthc facls and mattcr sct forth in thc wilhin and forcgoing Marital Settlement Agrccment arc lruc and corrcclto thc bcsl of hcr knowlcdgc. informalion and belief. tZ Dbt d-o.. t. . e...2.J wlll ROBERTA E. CLEWELL o -x; /., I J(t,o/.,y 6 day of ~, 199{ ~~ubscribcd to bcforc mc this My commission cxpircs: NOTARIAL SEAL EloIbw1I SUmple.SuIllvIll, ........, NlIlc Now ~tIal>d Bom, C<lmbIl1Ind Co, ~L~hInElllll.I9.N"" IS. 1M 14