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.eROfE
THIS AGREEMENT made and concluded this 281h day of November, 1997, by and
bctween ANGELA PROSSEDA-BOSTON (hercinaller, for the purpose of brevity,
sometimes referred to as "WIFE") and RONALD C. BOSTON, JR (hereinalter for the
purpose of brevity, sometimes rclerred to LIS "HUSBAND"),
WIT N E SSE T H:
WHEREAS, the parties hercto were husband and wife, having beenlawllllly joincd
in marriage on November 6, 1993.
WHEREAS, diverse unhappy dillercnces, disputes and difficulties have arisen
betwecn 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 arc desirous of settling fully and
finally their rcspeetive t1nancial and property rights and obligations as between each other
including, without limitation: the ownership and equitable division of marital property; the
past, present and future support, alimony, alimony pendente lite and/or maintenance of
HUSBAND by WIFE or of WIFE by HUSBAND and in gelH:ral, any and all claims and
possible claims by one against the other or against their respective estates.
NOW THEREFORE, in consideration of the promises and ofthe mutual promises,
covenants and undertakings hereinalter set I()rth and lilr other good and valuable
consideration, receipt of which is hereby acknowledged by eacll of the parties hereto,
HUSBAND and WIFE, each intending to be legally hound hen:hy, covenant and agree as
follows:
1.
AGREEMENT TO DE INCORPORATED IN DIVORCE DECREE.
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The parties agree that the terms of this Agreement shall be incorporated into the
divorce decree. The Court of Common Pleas of Cumberland County shall retain continuing
jurisdiction over the parties and the subject maller of the Agreement for the purpose of
enforcement of any of the provisions thereof. This Agreement shall survive the divorce
decree, shall be entirely independent thereof, and the parties intend that all obligations
contained herein shall retain their contractual nature in any enforcement proceedings,
whether enforcement is sought in an action on the contract itself or in any enforcement action
filed to the divorce caption.
2. DATE OF EXECUTION.
The "date of execution or "execution date" of this Agreement shall be de lined as the
date upon whkh it is exccuted by the parties if they have each executed the Agreement on
the same date. Otherwise, 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,
3. DISTRIBUTION DATE.,
The transfer of property, funds and/or documents provided for herein shall take place
on the "distribution date" which shall be del1ned as the date of execution of this Agreement
unless otherwise sp~cified herein.
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4. ADVIC.E OF COUNSEL.
The parties have reached this Property Scttlcmcnt Agrcement without the choosing
to retain legal counsel. The I.aw Otlices of Jack C. Younkin arc merely the scrivener ofthi~ .
Propcrty Settlcment Ailrecment and do not in any way warrant to HUSBAND or WIFE that
~ represent either oftheir interests concerninilthe nCilotiation. prep.aration. 01' execution
of this document. The parties acknowledge that they had the opportunity to seek legal
counsel of their own prior to negotiating and exccuting this Property Settlcment Agrcemcnt.
Each pmty confinns that he 01' she fully understands the terms, conditions and provisions of
this Agreement and believes them to be lhir, just, adequate and reasonable under thc cxisting
circumstances. The partics further confirm that each is entering into this Agreemcnt freely
and voluntarily and that the execution of this Agreement is not the result of any duress,
undue influence, collusion or improper or illegal agreement or agreements.
5, PERSONAL RIGHTS.
HUSBAND and WIFE may and shall, at all times hercafter, live separate and apart.
They shall be free from any (~ontact, restraint, intcrference or authority, direct or indirect, by
thc other in all respects as fully as if they were unmarried, Each may, for his or her separate
use or bencfit, conduct, carryon and engage in any business, occupation, profession or
employment which to him or her may secm advisable. HUSBAND and WIFE shall not
molest, harass, disturb or malign each other or the respective lhmilies of each other nor
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compel or attempt to compel thc other to cohabit or dwell by any means whatsocvcr with him
or her,
6, MUTUAL RELEASES,
Except as otherwise expressly provided by this Agrecment:
a, Each party hereby absolutely and unconditionally rei cases and forever
discharges the other and the estate of the other for all purposes trom any and all rights
and obligations which eithcr may have or at any time hereafter have tor past, present
or future support or maintenance, alimony pendente lite, alimony, equitable
distribution, counsel fees, costs, expenses and any other right or obligation, economic
or otherwise, whether arising out of the marital relationship or otherwise including all
rights and benefits under the Pennsylvania Divorce Code of 1980. its supplements and
amendments, as well as under any other law of any other jurisdiction, cxcept and only
except all rights, agreements and obligations of whatsoever nature arising or which
may arise under this Agreement or for the breach of any provisions thereof, Neither
party shall have any obligation to the other not expressly set forth herein,
b. Each party hereby absolutely and unconditionally releases and forever
discharges the other and his or her heirs, executors, administl'l\tors, assigns, property
and estatc from any and all rights, claims, demands or obligations arising out of or by
virtuc of the marital rclationship of the parties or otherwise, whether now existing or
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herealler arising. Thl: ubove release shall be eflective regardless of whether such
claims urise out of any thrmer or tltture aets, eontmcts, engagements or liabilities of
the other or by way of dower, curtesy, widow's rights, nUlIily exemption or similar
allowance, or under the intestate laws, or the right to take against the spouse's will,
or the right to treat a Iitetime 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 Pennsylvania, any state, commonwealth or territory of the
United States, or any other country, It is expressly understood, however, that neithel'
the provisions of this release nor the subsequent entry ofa divorce decree are intended
to defeat the right of either party to receive any insurance proceeds at the death of the
other of which she or he is the named benet1eiary (whether the benet1ciary
designation was made prior or subsequent to execution hereof), nor to defeat the right
of either party to receive any legacy, bequest or residuary portion of the other's estatc
under his or her will, or to act as personal representative or executor if so named by
the will of the other, whether such will was executed prior or subsequent to this
Agreement.
c, Except for any cause of action for divorce which either party may have
or claim to have, and except for the obligations of the parties contained in this
Agreement and such rights as are expressly reserved herein, I:ach party gives to the
other by the execution of this Agreement an absolute and unconditional release and
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and all prior agreell1~nts and negotiations between them, Thcre arc no rcpresentations or
warranties othcr than those exprcssly set forth hercin,
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12. OTHER DOCUMENTATION.
HUSBAND and WIFE covenant and agree that they willliJrthwith (and within at ' "
most ten (10) days aileI' dcmand there lor) execute any and all writtcn instruments,
assignments, releases, satisfactions, deeds, notes or such other writings as may be nccessary
or desirable for thc proper effectuation of this Agreement.
13, ADDRE~D TELEPHONE NUMBERS OF PARTIES,
As long as the parties have any obligation rcmaining to perform pursuant to the
provisions of this Agrcement, each party shall havc the all1rmative obligation to keep the
other informed of his or her residence addrcss and telcphone number, and shall promptly
notily thc other in writing of any change of address by giving the new residcnce address and
telephone number.
14. HEADINGS NOT PART OF AGREEMENT,
Any headings preceding the tcxt of the several paragraphs and subparagraphs hercof
arc inserted solely lor convcnience of reference and shall not constitute a part of this
Agreemcnt nor shall they affect its meaning, construction or cffect.
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15. LUMP SUM PAYMENT,
To settle uny und ull pust. prescnt, or !uture financial affairs, claims, intcrests or
obligations betwcen WIFE by HUSBAND, HUSBAND agrees to pay WIFE the sum of
Five Thousand Dollars ($5,000,00) within thirty (30) days of the cxccution datc.
16, MOTOR VEnICLES,
a. HUSBAND shall set over, trans!er and assign absolutely to WIFE, all
of his right, title and interest in and to the 1996 Chevrolet Cavalier automobile subject
to any existing licn and cncumbrance, HUSBAND hereby releases and relinquishcs
all claims and demands as to this automobile, WIFE further agrees that she will
procure automobile insurancc !tlr this automobile,
b, WIFE shall sct over, transfer and assign absolutely to HUSBAND, all
of her right, title and interest in and to the 1992 OEO Mctro automobile subject to any
existing lien and encumbrance, WIFE hereby releases and relinquishes all claims and
demands as to this automobile, HUSBAND further agrees that he will procure
automobile insurance for this automobile,
17. fERSONAL PROPERTY.
The parties agree that the household contents have been divided in a manner agreeable
to both and they hereby disclaim any interest in the houschold contents in the possession of
the other. The parties do hereby speci fically waive, release. renounce and t(lrcver abandon
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any claims which either may have with respect to the othCl"s personal property, whieh shall
hereaHer he the sole and exclusive property oCthe other party,
18, J~ETIRI~MENT BENEFITS OF WlEE.
HUSBAND acknowledges that WIFE is a participant in the llighmark Investment
Plan, HUSBAND hereby specif1cally releases and waives any and all inte,rest. claim or right
that he llIay have to any and all retirement benelits (including pension or prolit sharing
benelits) or other similar benelits of WIFE. The parties Itlrther acknowledge and agree that
they shall execute any documents pursuant to the Retirement Equity ^ct or any similar act
that may be required from time to time to accomplish the purposes of this paragraph,
19, RETIREMENT BENEFITS OF HUSBAND.
WIFE acknowledges that HUSBAND is a participant in the State Employes'
Retirement System of the Commonwealth of Pennsylvania, WIFE hereby specifically
releases and waives any and all interest, claim or right that he may have to any and all
retirement benelits (including pension or profit sharing benelits) or other similar benelits of
HUSBAND. The parties further acknowledge and agree that they shall executf: any
documents pursuant to the Retirement Equity ^ct or any similar act that may be required
frolll time to time to accomplish the purposes of this paragraph.
20. CREDIT CAlmS.
HUSBAND and WIFE agre(: that HUSBAND nor WIFE shall use any jointly held
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credit card for personalu~e without the consent of the other purty. The parties lIgree thut all
joint credit amVor charge accounts shall btlterminuted immediately, and that no charges shall
be incurred by either purty againstllny joint ue\~ount from the date of execution hereof,
21. AETEI{ ACQUlREI) PROI)ERTY.
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Each of the parties shall hcreaner own and enjoy, independently of any claim or right
of the other, all items of property, be they real, personal or mixed, tangible or intangible,
which arc acquired by him or her aller execution of this Agreement, with full power in him
or her to dispose ofthc same as fully and elTeetively, in all respects and for all purposes, as
though he or she were unmarried,
22, EXISTING AND FUTURE PERSONAL OBLIGATIONS.
WIFE and HUSBAND each covenant, warrant, represent and agree that neither has
heretofore cont!'Ucted for any debt, liability or obligation lor which the other or the estate of
the other may be responsible or liable except as specifically disclosed and provided for by
the terms of this Agreement, The parties further covenant, warrant, represent and agree that
each will now and at all times herealler save, hold harmless and indemnify the other and the
estate of the other from all debts, charges and liabilities incurred aner the execution date
hereof, except as may be otherwise specifically provided herein, as well as from all debts,
liabilities or obligations of every kind which have been incurred hcretofore by either party,
including those for necessities, except for obligations arising out oflhis Agreement.
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Exccptus muy be otherwise expressly provided herein, thc parties agree that all joint
credit and/or charge lIeCOlll1ts shall be h:l'll1inated immediately, lInd that no churges shull be
incurred by either party uguinst uny joint uecount fhJJllthe date of execution hereof.
23. MFORCEMENT,
The parties intend that this Agreement shall bc subjcct to enforcemcnt under the
Pennsylvania Divorce Code of 1980, us amended, and that, notwithstanding any languagl:
, herein that may be eonstrucd to the contrary, this Agreement is not subject to moditication
except under sllch terms as the parties havc speci fically provided tor in this Agreement.
24. REMEDIES AND SANCTIONS.
In addition to such other remedies and sUl1ctions available under applicable law, the
parties may utilize any remedy or sanction set forth in the Pennsylvania Divorce Code, as
amended, to entorcc any term ofthis Agreemcnt as though it had been an order of the Court,
25. ATTORNEYS' FEES FOR ENFORCEMENT.
In the event that either party brcachcs any provision of this Agreement and the other
party retains counsel to assist in enforcing the terms thereot: the parties hert:by agree that the
breaching party will pay all attorney's fees incurred by the other party in entorcing the
Agreement, provided that the enforcing party is successtlll in establishing tnat a breach has
occurred.
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EACH OFTHE PARTIES HAS CAREFULLY READ AND FULLY CONSIDERED
THIS AGREEMENT AND ALL OF THE STATEMENTS, TERMS, CONDITIONS
AND PROVISION THEREOF PRIOR TO SIGNING BELOW.
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IN WITNESS WHEREOF, and intending to be legally bound hereby, the parties
hereto have set their hands and senls the day nnd yenr first above written,
WITNESS:
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Angela Prosseda-Boston
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// Ronald C. Boston, Jr,
(SEAL)
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