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1. S~ARATION. It shall bc lawllll for cach party at all timcs hercaflcr to live
scpal'atc and apart from thc othcl' party, at such placc 01' placcs as hc or shc from
timc to limc may choosc 01' dccm fit.
2. NONINTERFERENCE. f':ach party shall bc frcc from intcl'fcl'cucc,
authority lInd control. dircct or indirect, by the othcr in all rcspccts as fully as ifhc
or shc werc singlc lInd unmarricd, Each may. for his or her scparatc usc or
bcncfit. conduct, carry on and cngagc in any busincss. occupation, profcssion or
cmployment which to him or her may secmadvisablc, Ncither party shall molest,
harass, disturb or malign the othcr or thc family of said othcr. nor compcl or
attcmpt to compcl thc othcr to cohabit or dwell with him or hcr.
3. MUTUAL RELEASES. Husband rclinquishcs his inchoatc intestate right in
thc estatc of Wife, and Wife rclinquishcs hcr inchoatc intestatc right in the estate
of Husband, and each of the partics hcreto by thcsc presclHs, for himself 01'
hcrself; his or hcr heirs, executors, administrators or assigns, does rcmisc, release,
quitclaim. and forcvcr discharge thc other party hereto. his or her hcirs, cxccutors,
administrators 01' assigns, 01' any of them, of and II'omany and all claims.
demands, damages, actions, causes of actions, or suits at law or in cquity, of
whatsoevcr kind 01' nature, for 01' because of any mattcr 01' thing donc, omittcd, 01'
suffcrcd to be done by said party prior to and including thc datc hcrcof: exccpt
that his release shall in no way exoncrate or dischargc eithcr party hcrcto 11'0111 the
obligations and promises madc and Imposcd by reason of this Agrccmcnt. and
shall in no way affect any cause of action In absolutc divorcc which either p1\l1y
may have against the other party.
4, MARITAL PROI'ERTY, The pal1ies hereto acknowledge and agrce that
they acquired various assets and debts during their marriage, whether the samc
were held jointly or individually by the parties hereto, including but not
necessarily limited to:
(a) Household goods, contcnts, furniturc and furnishings prescntly located
in the family residence.
(b) Wife's 1987 Honda CRX, titled in the Wife's name.
(c) Husband's 1989 Toyota Corolla, titled in the names of Husband and
Wife.
(d) The marital residence, a single family home located at 2911 Merlon
Road, Camp Hill, PA,
(e) A joint savings account at Dauphin Deposit Bank with an approximate
balance 01'$8,000 at the time of separation and ajoint checking
account at Harris Savings Bank of approximately $3,500 at the time of
separation,
(I) Wife's 401(k) Retirement Plan at USF&G,
(g) Husband's 401(k) Retirement Plan at the Bon-Ton.
(h) Husband's life insurance policy with Aetna Universal Life Insurance
Company.
(I) A $1000 Certificate of Deposit at HalTis Savings Hank, providcd to
Husband and Wife as a gin n'Dlll Wile's grandmother.
OJ Husband's collection of guitars and Wire's organ and collection of
miscellaneous l11usical instrul11cnts,
(k) Collections of antique furniturc and record albums.
(I) Husband's onc share in Collcctor's Crypt, Inc" given as a gift to
Husband by thc Husband's parcnts,
(111) An anticipated rcfund of fedcral income taxes,
(n) Various itcms ofpcrsonal propel1y ofa personal nature, including but
not limited to clothing, tools and books.
5, DISTRIBUTION OF MARITAL PROPERTY, Thc partics hcreto covcnant
and agree that the asscts described in Paragraph 4, above, havc becn or are hereby
being divided and distributcd betwecn them as follows:
(a) The household goods, contents, fUl'l1lturc and furnishing located In thc
family residcncc were divided prior to the cxecutlon of this agrCCl11ent
to thc satisfaction of both Husband and Wife. Each of thl' parties
hereto relinquishcs and disclaims any and all owncrship, right, title and
interest in or to the household goods, contents, fUl'llitlll'c and flll'llishing
in the possession of the other party as of the datc of the cxccution of
this agreement.
(b) Husband rclinquishcs and disclaims any and all owncrshlp, right, title
and Intcrcst in Wifc's 1987 Honda CRX and Husband agrccs that Wife
shall becomc and rCl11ain thc sole und scplll'Ute ownCI' of Slime. Wife
agrees to takc full and sole rcsponsibility for rcpuyment of uny debt
that may cxist on said vchicle.
(c) Wlfc relinquishcs and disclaims any and all owncrship, right, titlc and
intcrcst in Husband's 1989 Toyota Corolla and Wife agrccs that
Husband shall bc and rcmain the sole and scparate owner of sal11e,
Husband agrces to take full and solc rcsponsibility ror rcpayment of
any debt that may cxist on said vchicle.
(d) Husband and Wife both agrec that thc l11arltal residcncc locatcd at
29}1 Merion Road, Camp Hill, shall bc listcd for salc and shall be sold
at the earlicst opportunity at a price to be mutually agreed upon by the
parties, and that all expenses, proceeds, and pl'Ofits or losses rcsulting
from said listing and sale shall be sharcd cqually by Husband and
Wife,
(e) The joint savings account at Dauphin Dcposit Bank and thcjoint
checking account at Harris Savings Bank have becn c10scd prior to the
exccution of this agreement and wcrc divided to the satisfaction of
both Husband and Wife, with appl'Oximately a filly percent (50%)
share provided to cach pal1y. Husband relinquishes and disclail11s any
and all ownership, right, title and interest in and to the p0l1ions of said
accounts received by thc Wife, and Husband agrees that Wife shall bc
and rcmain thc solc and scparate owncr of same, Wife relinquishes
and disclaims any and all ownership, right, titlc IInd intcrcst in thc
portions of said accounts rcccived by thc Husband and Wife agrecs
that Husband shall bc and remain thc soil) and separate owncr or sHlnc.
(I) Husband relinquishes and disclaims any and all owncrship, right, title
and interest 01' cntitlcmcnt in 01' to any and allrctircmcnt and/or
pension bencfits, including death bencfits arising from Wile's 40 I (k)
Rctirement Plan at lJSF&G and Husband covenants and agrccs that all
such benefits shall be and remain the sole and scparatc propcrty or
Wife,
(g) Wife relinquishes and disclail11s any and all ownet'ship, right, title and
interest 01' entitlemcnt in 01' to any and all retircment and/or pension
benefits, including death bcncfits arising Il'omllusband's 40 I (k)
Retirement Plan with the Bon Ton and Wifc covcnants and agrees that
all such benefits shall be and remain the solc and separatc property of
Husband,
(h) Wife relinquishes and disclaims any and all ownership, right, title and
interest or entitlemcnt in or to any and all benefits, including death
benefits arising from Husband's life insurancc policy with Actna
Universal Life Insurance Company and Wifc covcnants and agrces that
all such benefits shall bc and rcmain thc solc and scpamtc propel1y of
Husband.
tltlc and Wife covcnants and lIgrces that said sharc and all past and
future Incrcascs in value shall be and I'Cmain the solc and sepal'ate
property of Husband,
(m) Husband and Wifc both agrcc that any and ailreflmds resulting from
ovcrpaymcnt of fcdcral income taxcs prior to the exccution of this
agreemcnt, or obligations rcsulting 11'0111 underpaymcnt of fcdcral
incomc taxcs prior to thc cxecution of this agreement, shall be shared
cqually by Husband and Wifc,
. (n) Each ofthc partics hcrcto relinquishes and disclaims any and all
ownership, right, titlc and intcrest in 01' to the pcrsonal effccts of the
othcr, said personal items to include, bulnot being limited to, clothes,
tools, and books.
6. EQUITABLE PROPERTY, This Agreement constitutes an cquitablc division
of the parties' marital plOpcl1y, Thc parties havc detcrmined that the division of
this (llOpel1y conforms with rcgard to the rights of each party, The division of
existing marital property is not intended by the parties to constitute in any way a
sale 01' exchange of assets.
7. INCOME TAX RETURN. In the event that any federal income tax is owed for
any ycars in which ujoint fcdcral income tax rcturn was filed prior to the
exccution ofthis agrecment, thc partics hercby agrcc that cach shall be responsible
to pay an amount equal to fitly pcrccnt (50%) of the amount due, In the evcnt that
any ledcl'lll incomc tax reflmd is due for any ycars in which a joint federal income
hereby wlllvcd and forcvcr rclcased llnd thllt this ^greement shall hllve thc effect
of a final Order of Court rclieving cach plll1y of the obligation to the other for any
and all of the foregoing possiblc rights and rcmcdics. The partics hllvc effected
lln equitllble distribution of their mllrital propcrty andneithcr will seek Illrther
distribution by any action at law 01' In equity,
11. EFFECT OF DIVORCE DECREE, The p1ll1ies covcnant and agrce that unless
otherwise specifically providcd herein, this Agrcemcnt shall continuc in full force
and effect after such timc as a final dccrec In divorce may be entercd with respect
to the p1ll1ies,
12, INDEMNIFICATION FOR FlJTURE DEHTS. Each of the parti~s hereby
covenants and agrees with thc othcr party not to make, incur or llttempt to l11ake or
incur any debt or obligation for 01' on behalf ofthc other party hereto, 01' for which
the other party may be held liablc, from and after the datc hcreol: and each of the
p1ll1ies he((~to hercby covcnants and agrees to indemnify the other party and save
him or her harmless from all liability or claim on account of said debt 01'
obligations from and lifter the date hereof.
13, OTHER DOClJM.:NTS, Each of the parties hcreto shall, from time to time, at
the request of the other party, cxccute, acknowlcdgc and delivcr unto said othcr
party any and all further documents or instruments which may bc reasonably
l'equired to give full force and cffect to the terms and provisions of this
Agreemcnt.
14, DIVORCE, This Agreement shall not be construed to affcct 01' bar the right of
cither Husband or Wifc to an absolutc divorcc on legal and truth fIll grounds of
they now exist or may hereafler arise. This Agrcemcnt is not intended to condone
and shall not be deemed to bc a condonation on thc part of cithcr pllrty hereto of
any act or acts on the part of thc other pal1y which have occurred prior to or which
may occur subscquent to thc date hereof, It is understood, howcvcr, that Husband
will pursue an action in divorcc pursuant to Scction 3301 [c] ofthc Divorcc Codc
of Pcnnsylvania, on thc grounds that the mal'l'iage is irrctrlevably brokcn, and that
both partics agree to exccutc and file the appropriatc affidavits of consent
necessary to complete said action in divorcc on the basis of mutual conscnt.
15, SEVERABILITY. Thc waiver of any tcrm, condition, clause or provision of this
Agreement shall in no way bc decmed 01' considered a waiver of any othcr tcrm,
condition, clause or provision of this Agrecment, and if any provision of this
Agreement is held to bc invalid or unenforceablc by a court of competent
jurisdiction, all other provisions shall neveI1helcss continue to bc in full force and
cffect.
16, LAW OF PENNSYLVANIA APPLICABLE, Both parties covenant and agree
that they havc had amplc and sufficient timc to carcfully and fully rcvlew the
tCI'ms and provisions of this Agrcemcnt and to scck and obtain thc advice and
counscl of an attomcy with rcspcct to thc samc, Husband has cngaged the
scrviccs of G, Patrick O'Connor, Esquirc, and Wile has had adequatc opportunity
to scck Icgal counsel of hcr choice, and cllch p1\l1y has cl\I'cfully reviewcd the