HomeMy WebLinkAbout97-06447
NOW, THEREFORE, In consideration of these considerations I and the mutuel promises and
undertakings herelnaf1er set forth, and for other gaol.! and valuable consideration I receipt end
suHlclancy of which Is hereby acknowledged by eech of the parties hereto, HUSBAND and WIFE,
each Intending to be legelly bound, hereby covenent and agree as follows:
1, Advice 01 Counsel: The parties hereto acknowledge that each hes been notified
of his or her right to consult with counsel of his or her choice, and have been provided a copy of
this agreement with which to consult with counsel. HUSBAND Is represented by Carol J. Lindsay,
Esquire. and WIFE is represented by Michael Rundle, Esquire, Each party acknowledges and
accepts that this agreementls, In the clrcumstences, fair and equitable, and that It Is being entered
Into freely and voluntarlly, af1er having received such advice end with such knowledge as each has
sought from counsel. and that axecutlon of this agreement Is not the result 01 any duress or undue
Influence, and that It Is not the result of any Improper or Illegal agreement or agreements.
2, Divorce: The parties agree to the entry of a Decree In Divorce. The parties will
execute, on the date of this Agreement, AHldavlts of Consent and Waivers of Notice under Section
3301 (0) of the Dlvorca Code, conser':lng to the entry of a Decree In Divorce.
3. Personal Property: With the exception of those Items listed on Exhibit "A" attached
hereto, the parties acknowledge that they have equitably and satisfactorily divided all of their
personal property,
WIFE will retain the 1985 Chevrolet Camero, and HUSBAND will retain the 1997 Ford
Pickup, The parties will execute any and all documents necessary to transfer his or her interest
In the vehicle retained by the other. Said transfer will take place within ten (10) days of the date
of this Agreement.
7. 1997 Federal, State and Local Income Tax: The parties agree that they will jointly
file Income tax returns for the federal government, the state government and the local government
for 1997 and that they shall take an exemption for WIFE's daughter on said return. The parties
agree that the refund check may be returned to HUSBAND's address, Within three (3) days of
receipt of the refund check, HUSBAND will notify WIFE, The parties will endorse the check and
cash It and WIFE shall receive from the refund the first $660,00, and HUSBAND shall receive the
balance of any refund,
8. Modification: No modification, rescission, or amendment of this agreement shall
be effective unless In writing signed by each of the parties hereto.
9. Applicable Law: All acts contemplated by this agreement shall be construed and
enforced under the laws of the Commonwealth of Pennsylvania,
10, Agreement Binding on Parties and Heirs; This agreement, except as otherwise
expressly provided herein, shall bind the parties hereto, and their respective heirs, executors,
administrators I legal representatives, assigns and successors in any Interest of tile parties,
11, Agreement Not to be Merged: This agreement shall be Incorporated Into the final
decree of divorce of the parties hereto for purposes of enforcement only, but otherwise shall not
be merged Into said decree, The parties shall have the right to enforce this agreement under the
Divorce Code of 1980, as amended, and in addition, shall retain any remedies In law or In equity
under this agreement as an Independent contract. Such remedies In law or equity are specifically
not waived or released.
'12. Documents: The parties hereto agree that they will execute and deliver one to the
other any documents necessary to give effect to the terms of this Agreement.
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