HomeMy WebLinkAbout98-00188
,
,',
'.,
.~ 0\ (.: ,
c:.':
"'~ N ;~:~
<:1"'
. ~j.I-,.
'-. ,~t I , zt,~:: I'"".' ,'1,1
, ~':I' ,- ;:.\.
.... ,
- -r .};:"j
, (11\"..
@' ,71 : ~ ~::;t
' ;L: I
, , t~!~" U;;0
,
".ui
; .c. 'J' - "
..; :.:..) .;.':: ,-I,
". ~n ;-)
0 VI ()
I ~ i
-j, ,.
, ,
"
!, ,f
lAW OFFICE OF
,I~~.. M~ Veme)'
10'..0(717)24'.11110. FMmn:l4&.UII
' - - . - - . - I .
,
"
,l"
her tight of dow\ll', rights liS heir 01' ~Ill/'Vivil/g spouse or othcrwise, actulll, currently existing, or
inchoate, in and to the realund personal property of the Ilushand, now owned by him or which in the
fhture mUY be owned by him, al/d all rights to coul/sd fecs, or expenscs and other than as set forth
hcrein, Husband likewise wishes to rdinquish all his rights of cUl1esy, rights as heir 01' surviving spouse
01' otherwise, actual and currcntly existing or inchoate in and to the real and personal estatc of the Wife,
currently owned hy her or which she may own in the future;
NOW, THEREFORE, the parties hereto intending to be legally bound hereby do hereby
mutually agree as tbllows:
1, Advice of Couusel. Husband and Wife acknowledge that they haw been given the
opportunity to obtain the advice of coullsel regarding the provisions of this Agreement and their legal
effect in advance of the date set torth above to permit such independent review, Each party
acknowledges that he or she has had the opportunity to receive independent legal advice from counsel
of his or her selection, and that each t\illy understands the tacts and has been fully informed as to his or
her legal rights and obligation, and each party acknowledges and accepts thllt this Agreement is, and
under the circumstances, fair and equitable, aileI' having the opportunity to receive such advice and
with such knowledge, and that execution of this Agreement is not the result of any improper or illegal
agreement or agreements, In addition, each party hereto acknowledges that he or she has had the
opportunity to be fully advised by his 01' her respective attorney of the impact of the Pennsylvania
Divorce Code, whereby the court has the right and duty to detennine all marital rights of the parties
including divorce, alimony, alimony pendente lite, equitable distribution of all marital property or
property owned or possessed individually by thc other. counsel fees and costs of litigation and, fully
knowing the same and having the opportunity to be fully advised of his or her rights thereunder, each
2
party hereto still desires to execute this Agreement, acknowledging that the terms and conditions set
forth herein are fair, just and equitable to each of the parties, and waives his or her respective right to
have the Court of Common Pleas of Cumberland County, or any other eourt of competent jurisdiction,
make any determination or order em~cting the respective parties' rights to a divorce, alimony, alimony
pendente lite, equitable distribution ol'allmarital property, counsel fees and costs of litigation,
2, Separation, Husband and Wite do hereby mutually agree and consent to live separate
and apart and do f1ll1her agree that it shall be lawllll Illr the Husband and Wife at all times hereafter to
live separate and apart 11"0111 each other, and to reside, from time to time, at such place or places as they
respectfully shall deem fit, fi'ee n'om any control or restraint or interference, direct or indirect, by each
other.
), No Molestation, Harassmcnt or Intclfcrcncc. Neither party shall molest, harass or
interfere with the other or compel or endeavor to compel the other to cohabit or dwell with him or her
by any means whatsoever,
4. Mutual Property and Estate Waiver, Except as otherwise expressly set forth herein,
in which event such express provision shall take precedence over this paragraph, the parties hereto
intend that from and after the date of this Agreement, neither shall have any spouse's rights in the
property or estate of the other. and to that end both parties wnive, relinquish, and forbear the rights of
dower or curtesy, rights to inherit, rights to claim or take the Husband or Wife's or family exemption or
allowanc.e, to be vested with letters of administration or letters testamentary, or to take against any will
of the other, and each agrees with the other if either should die intestate, his or her share shall descend
to vest in his or her heirs at law, personal representatives, and next of kin, excluding the other as
though he or she had died a widow or widower, And each further agrees that should the other die
:3
testate. his or her property shall descend to und vest in those persons set forth in the other's Last Will
and Testament as though the spouse so designated liS benel1cimy had predeceased the testator. The
parties filliher agree that they muy and can hereafter, as though unmarried, without any joinder by him
or her, sell, convey, transfer or encumber any and ull reul est ute and personal property which either of
them now 01' hereafter own 01' possess and Iin1her agree that the recording of this Agreement shall be
conclusive evidence to all of his or her right to do so. The suid Husband and Wife do hereby
irrevocably grant, each to the other, should the exercise of this power hereby given be necesSllty, the
right and the power to appoint one or more times any person 01' persons whom the Husband 01' Wife
shall designate to be the attorney.in-tllet for the other, in their name and in their stead, to execute and
acknowledge any deed 01' deeds, releases, quit claims, 01' satisfitctions, under seal or otherwise, to
enable either party hereto to alienate his or her real 01' personal property, but without any power to
impose personalliahility for breach of warranty or otherwise, Each of the parties hereto futiher waives
any right of election contained in Chapter 22 of the Pennsylvania Probate Estates and Fiduciaries Code,
and any right to seck or have an equitable distribution of married property ordered by the Court
pursuant to Section 3502 of the Divorce Code, Each of the parties hereto further agrees that neither
shall hereafter be under any legal obligations to support the other, pay any expenses lor maintenances,
funeral, burial, or otherwise for the other, and to that end each of the parties hereto does hereby waive
any right to receive support, alimony, alimony pendente lite, counsel fees, expenses, or any type of
financial assistance whatsoever from the other, ~~~I!! as otherwise expressly provided lor herein,
5, Division of Personlll Property.
The parties hereto mutually agree that they have effected a satisfactory division of the furniture,
household furnishings, appliances and other IV:1usehold personal property between thern, and they
4
(30) days fi'om the date of this agreement and to indemnity Wife in the event of default of any and all
farm business loans,
The parties agree to be responsible for their individual debts which are presently in their
names.
7, (<'uturt' Debts, The parties Iluther agree that neither will incur any more lllture debts
for which the other may be held liable, and if either party incurs a debt for which the other will be liable,
that party incurring such debt will indemnify and hold the other harmless from any and all liability
thereof.
g, Real Properly. It is hereby acknowledged by both parties that the marital residence is
free ofllny and all mortgages, liens, lines of credit or equity loans, Husband agrees to transfer his right,
title and interest in and to the parcel of join tly, owned real estate with improvements thereon situate at
417 Alison Avenue, Mechanicsburg, Cumberland Counly, Pennsylvania, to Wife and to sign aU
documents necesslllY to effeL1 said transfer of the title to the real estate to Wife's name individually
contemporaneously with the signing of this Agreement. Wife agrees to indemnity Husband from any
an all mort.gages, liens, lines of credit or equity loans that now exist or may exist in the future regarding
the marital residence.
9, Support, Alimony aud Alimony Pendeute Lite, Both parties agree to waive any and
all rights either may have to support, alimony and/or alimony pendente lite from this time forward into
the future,
10, Pension, Each party agrees to waive any right they may have in the others' pension or
retirement plan.
tl, Counsel (<'ees and Com1 Costs, The parties agree to be responsible for their respective
6
legal fees and court costs incurred in the process of any divorce action or sepamtion
agreement,
12, Divorce, The parties acknowledge their intention ancl agreement to proceed in an
action in divorce to obtain a Hnal decree in divorce bv mutual consent on the grounds that their
marriage is i1Tetrievably broken, and to settle amicably and fully hereby all claims raised by either pal1y
in any divorce action, The parties agree to execute any and all documents necessary for the entry of a
final divorce dccree,
13. Breach, In the event that either party breaches any provision of this Marital Property
and Settlement Agreement, he or she shall be responsible for any and all costs incurred to enforce the
terms hereof, including, but not limited to, court costs and reasonable counsel fees of the other party.
In the event of breach, the other party shall have the right, at his 01' her election, to sue for damages for
such breach or to seek such other and additional remedies as may be available to him or her.
14. Enforcement. The parties agree that this marital settlement agreement or any part 01'
parts hereof may be enforced in any court of competent jurisdiction,
15. Applicable Law and Execution, The parties hereto agree that this marital settlement
agreement shall be construed under the laws of the Commonwealth of Pennsylvania and shall bind the
parties hereto and their respective heirs, executors and assigns, This documen1 shall be executed as
original and multiple copies,
16, The Entire Agreement. The parties acknowledge and agree that this marital
settlement agreement contains the entire understanding of the parties and supersedes any prior
agreement between them, There art' no other representations, warranties, promises, covenants or
understandings between the parties other than those expressly set forth herein,
7
~
q
''-!
!., ~ ~
~I - [; \, ,.
N t.. .., ,d
~ v..
(.Ij !.L,'" .....
--)"'...... ~
CJI..;~
. :ot:: 0;(( ~
a... J' ;"":100
~ ,,)c:::..1 l
M >>" ....~
._t~/)
ILl . - "<J,,.;~
/f:'.Cj ~ () ~..
'~ 'rlljj
~ f::'1::>.. ~
l:\s ~ rJ
,-_I
If
, ,
I'
, '
, "
<I, '
,
",;
"
,
(j
"
....
c'-o-~.
~~;),
~.J,'
".- ..'!'
",
I
I
I
I-
,
I
,
C'I, (~
c.::;
.. <;:"
C',J ,
, ,
t....: , }
, , I
(.T) ,.
" ,
I )
'-.;
J ii'!:)
--.,} I
...... ![,)..,
: :') CO ..;:-~
::,)
0) u
Ii"
,. ,
..,. ,~ -
,:'
I
" ,
I~ <:11' .~
c: '"
N ;~)<, "
O,e,
' ).,;s;< ~ ():'X
:"~.J
, ,1" 0- ("1:::1
I""'"
0 0'\ :'5?j;~
,(!.,
QI' I
'"""P:; ....'J 1)";<,
u)f.U
" f!" ~ tf!I:..
1:;) 0') ~1
0"\ .0
"
,I"~
"'.>
"
"
"
,.,'
..','
"','
~.."
~
,
,
.,
-'
"
,
"
"
" ,
r~ _I _
~ C1l ,
c: G.
.. "'~.
~) ,N ~~~r!i
~
~. , .....,. ~.} ~~(:'
j- 4~t!:.- Cl, i__.):)
~c, cr. ::~:i i~;)
~ri I
1/' (b ';
OI::I.L, _I t~'t 0'
F ,~ ,J.1- ..
.'
b co :..~
Co" (.) ,
"I'
,i.-
"
, ,
! :
"'J ;/
~
v.wOfIIC(Of
taequ, e,lIn" e M."Verney
. '
"-'\"
I
;/'
_I,
,.
ie"
,"
,
",
"
,
~
I,