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HomeMy WebLinkAbout98-00125 -J -t . ~ .~. ~ ~ -J -t: . ~, \ , \, \ \ \ \ / l I 1; , ,,' '" . .. I .:) I ~I '" ~ '" \ b. <3"- MARRIlIGE !'IF.Tl'LEMENI' AC.Jm;MENT 9P- /~s CIU( l THIS AGREEMENI', l1'8de this 23d day of !2U.M'?Ciur ' 1998, by and between IXJUG1AS E. PF7\HL, hereinafter (,.<311ed Husband, and REBECCA A. PFAHl" hereinafter called Wife; WITNESSETH: WHEREAS, Husband and Wife are lawfully married; and WHEREAS, differences have arisen between Husband and Wife in consequence of which they have lived separate and apart fran each other and agree to consent to the entry of a no-fault divorce; and, WHEREAS, Husband and Wife desire to settle and detenn.i.ne their rights and obligations. NCW, THEREFORE, the part.ies, intending to be legally bound hereby, agree as fol101'/s: 1. SElparation. It shall be lawful for each party at all tirres hereafter to live separate and apart fran the other at such place as he or she may fran tirre to tirre choose or deem fit. The foregoing provision shall not be taken as adnission on the part of either party of the lawfulness or unlawfulness of the causes leading to them living apart. Each party shall be free fran interference, authority and control, direct or indirect, by the other as fully as if he or she were single and urUMrried. Neither shall molest the other or ~~l or endeavor to compel the other to cohabit or dwell with him or her. 1 2. Dj v: Ri on of PrQ9Arty. Upon execution hereof Husband agrees to deliver to Wife the net proceeds of the sale of the parties' former marital residence, which functs are currently being held in Escrow by Husband's attorney, in the arrount of $ 7,436.73. In addition, by way of further marital property distribution Husband shall deliver to Wife, upon execution hereof, the sum of Seven Thousand Fi va Hundred ($ 7 , 500.00) Cbllars. Husband and Wife acknowledges that they have distributed all other personal property which constitute marital property to their mutual satisfaction and each shall retain such property as is currently in their possession as their sole property, inclurling but not lirrdted to all personal and household furniShings, bank savings and checking accounts, charge accounts, and the vehicles currently titled in each party's tlal'l'e, The parties agree that they waive any claim and all interest in the other's retirement programs including but not lirrdted to all pensions, profit-sharing, deferred compensation, and benefits, and agree to sign any documentation reasonably requested to effectuate this waiver of interest. 3. .I&l:lt.s. Except for the debts and obligations created hereunder, eaQh party agrees to pay and hereby agrees to hold the other harmless fran any and all personal debts and obligations incurred by him or her subsequent to the date of separation which occurred September 7, 1997. If any clailO, action or proceeding is hereafter brought seeking to hold the other party liable on account of such debts or obligations, each party will at his or her sole expense defend the other party against any such claim, action or proceedings, 2 whether or not ~ll-founded, and indemnify the other party against any loss or liability resulting therefrom. L F.q)lj ti'lble Prqperty. This agreerrent constitutes an equitable division (If the parties I ll\3rital property. The parties have determined that the division of this property conforms with regard to the rights of each party. The division of existing IMrltal property is not intended by the parties to constitute in any way a sale or exchange of assets, and the division is being effectuated without the introduction of outside funds or other property not constituting the IT'8trim:mial estate. Each party hereby acknowledges that this agreenent adequately provides for his or her needs and is in his or her best interest, and that the agreerrent is not the result of any fraud or undue influence exercised by either party upon the other or by any other person or persons upon either party. Both parties hereby waive the folloldng procedural rights: A. The right to obtain an inventory and appraiserrent of all rl\3rital and separate property as defined by the Pennsylvania Divorce Code. B. The right to obtain an incme and expense statement of the other party as provided by the Pennsylvania Divorce Code. C. The right to have the court determine which property is rl\3rital and which in non-ll\3rital, and equitably distributable bet~en the parties that property which the court determines to be rl\3rital. D. 'l'he right to have the court decide any other rights, rerred.ies, privileges, or obligations covered by this agreerrent, including but not 3 limited to possible claims for divorce, spous~l support, alimony, alimony pendente lite (temporary alimony), and counsel fees, costs and expenses. 5. Rp.]p.ase of All Claims. Each party, except as othero'/ise provided for in thia Agreerrent, releases the other fran all claiw, liabilities, debts, obligations, actions and callses of action of every kind that have been inCllrred, or I1'ay be incurred, relating to or arising fran the lTI3rriage between the parties, including waiving any claim to their respective pensions or retirerrent accOlmts. However, neither party is relieved or discharged frC1T\ any obligations under this Agreerrent or under any instrument or document eX€l0Uted pursuant to this Agreement. 6. .6.teacb. If either party breaches any provision of this Agreeroont, the other party shall have the right, at his or her election, to sue for damages for such breach, and seek any other raredy allowed in law or equity. The party breaching this contract shall be responsible for the payrrent of legal fees and costs incurred by the other in enforcing his or her rights under this Agreement, or seeking surn other renedy or relief as I1'ay be available to him or her. Waiver by one party of any breach ('If this Agrearent by the other party shall not be deared a waiver of any subsequent breach. 7. Full Disclosum. Husband and Wife each represent and warrant to the other that he or she has lTI3de a full and cClTplete disclosure to the other of all assets of m,y nature whatsoever in which such party has an interest, of the source and arrount of the inccrre of such party of every type whatsoever and all other facts relating to the subject I1'atter of this Agreerrent. 4 8. Divorce. This Agrearent shall not be constnled to affect or bar the right of either Husband or Wife to a true and absolute divorce on legal and truthful grounds as they now exist or nay hereafter arise. It is understood, h~ver, that Husband, as of the signing of th.i.s Agreerrent, has filed an action in divorce in the Court of CaTllon Pleas of O.JTOberland County, in which he alleges that the nardage :ls irretrievably broken. Both parties understand and agree that Husband shall continue to pursue said divorce on the groLmcls that the marriage is irretdevably broken, and that ooth parties will execute, m1d deliver upon the execution hereof the necessary affidavits and all other clocurrents necessary to effectuate the divorce pursuant to Section 3301 (c) of the Divorce Code. 9. R~m"entation of_Part.ies QY COUrJ110]. F;\ch party has been represented by legal counsel in the negotiation and preparation of this Agreerent. Each party has carefully read thi.s Agreerrent and .is carpletely aware, not only of its contents, but also of its legal effect. 5 I / ') '\ II ~( I ~ ' i I 10. lldditlonal InstnID'P.n~. E.;,ch of the parties shall on danand or wi.thin a reasonable period thereafter, execute and deliver any and all other documents and do or cause to be done any other act or thing that may be necessary or desirable to effectuate the provisions and purposes of this Agreerrent. If either party fails 011 clEm3.nd to t.'OOply with the provision, that party shall pay to the other all attomeys' fees, costs and other expenses reasonably incurred as a result of such failure. " >-- ,~ . rr,: ,',; r:'~ IJ.! C-' r::"; (;1 ( ., ti~ (t- ('I ,), i till ,__,J, ,!U.i LL ,I 1 LL 11 (r, :, U (I) (,) " . , "-...' d' I rr'; ,......' \~,;; t:l U\ ~ ,,'''. ('.I' ;__.l , ,. " ,-~. , \ '. , ...,." " - , " Li. " , \ \-' C" ," C) (J"