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HomeMy WebLinkAbout98-00273 ~ ~ .... :II. l: ~ I ...... 't <t 3 ~ V) t ~ 7' . .::l .. ~ ~ '"" "< ~ ~ , ~ WHEREAS, the parties acknowledge that each has had the full opportunity to be advised independently and represented by separate counsel concerning their respective rights, duties and obligations arising out of their marital status, Wife is represented by Philip H. Spare, Esquire of the law firm of Snelbaker, Brenneman & Spare, p, C. and Husband has elected not to engage the services of an attorney despite being informed by Wife's attorney that he should do so; and WHEREAS, the parties having a full opportunity to be so advised of their respective rights, duties and obligations arising out of their marital status, and each having a full opportunity to investigate and evaluate assets, liabilities and all other aspects of each other's property and their jointly owned assets and liabilities, have come to an agreement for the final settlement of their property and affairs. NOW THEREFORE, in consideration of these presents and the mutual covenants, promises, terms and conditions hereinafter set forth and to be kept and performed by each party hereto, and intending to be legally bound hereby, the parties mutually agree as follows: 1. INCORPORATION OF PREAMBLE. The foregoing preamble and paragraphs are incorporated by reference herein in their entirety. -2- 2 . UE~CIJfIlW1'l ON MI TO M1UI';'l'1I MIIWlI.1 V lliLQF'.. EVALUATION. The parties dooll1l'l1 t'\1I11 filII"'" 1IIIIt tlloy IIIIVO, pr'lor to the execution of this Post-Nllp\'lnl ^'I n1l111\1111 I , volllllt.l1rlly agreed to divide and have phyu 1<.11111 y I'll v I doll illld d IlIt'l' llolltod botween themselves all personal p,'opnrty wll I "'I thoy nU'lull'oll dllrIng their marriage, whether or not Rlllrl pI'oporty III 01' would be deemed to be marital propnrty undO!' PenrlllY I Villi 111 IJ I vnrco cnde and subject to equitable distr ibut J on, 'I'ho I 1/1 rte lOll f ul'lJwr declare and agree that prior to the exouutlon horoo[, they hllve voluntarily distributed betweon thomHolvBD nil porsonal property which each brought with thorn Into tholr mllrrlage, The partios declare and acknowledge that they are fully aware and familiar with all assets and property that each have brought into the marriage and that have been obtained or acquired separately or jointly by them during the course of their marriage and therefore waive any evaluation thereof. Each party expressly relenses the other of and from any and all right of equitable distribution or claims to assets and property of any kind or natura whatever possessed by the other party. ) . IUil'lIUJM.!:;N'l'J'lJili.t!. A. lIuabilnd shall retain for himself his entire Retirement Aocount ilnel Employoo Bavings stock Investment and ownership Plan avallnblo throllgh Ills employer, Hershey Foods Corporation. Contompornnoouuly wIth the execution of this Agreement, Wife shall exouute the forms neoessary to allow Husband to change the -3- Beneficiary Designation on the Hershey Retirement Account and the Employee savings stock Investment und ownership Plan. B. Wife shall retain for herself her entire state Employe Retirement Account available through her employer, the Commonwealth of Pennsylvania, 4. 399 NORTH 19TH STREE'f ,~AMP....!!lLL~.tl.NSYLVANl;.b. Contemporaneously with the execution of this Agreement, Husband shall execute a deed transferring and conveying to Wife any interest he may have in the piece, parcel and tract of land, together with improvements, commonly known as 399 North 19th street, Camp Hill, Pennsylvania, a property which Wife owned prior to the marriage. 5. DIYISION OF LIABILJTIES. Wife shall be solely responsible for payment of the mortgage and home equity loan secured by the property located at 399 North 19th street, camp Hill, Pennsylvania. Wife shall indemnify and hold Husband harmless from any debt related to said mortgage and home equity loan. 6. FUTURE OBLIqA1'IpNS. The parties agree that any and all obligations incurred subsequent to the date of their separation, September 13, 1997, shall be the sole and separate liability and re~ponsibility of the party incurring the obligation and each party agrees that he/she will not incur or attempt to incur any obligations for or on behalf of the other party and will -4- indemnify and hold harmless the other party of and from any and all liability arising from such future obligation. 7, COUNS~L F.!);ES_-'ltlD_._~;'XP_l';tllU.';g., Contemporaneously with t.he execution of this Agreement, Husband shall pay to Wife the sum of $300.00 as a contribution towards her counsel fees and expenses. In all other respects, each party shall be responsible for paying his or her own counsel fees and related costs associated with the processin~ of a Divorce Action and this Agreement, if any. 8. RELEASE OF SUPPOR~r ,bNlLR.l.GHTS UNDE.R DIVORCI); COD~. Each party waives and forever releases the other party of and from any and all claims which either may have against the other for spousal support and for all claims which either may have against the other by reason of and pursuant to the Pennsylvania Divorce Code (and the divorce law of any other jurisdiction) including, but not limited to, alimony, alimony pendente lite, equitable distribution of marital property, counsel fees, costs and expenses, except that the performance of any obligation created hereunder may be enforced by any remedles under the Pennsylvania Divorce Code. 9. DIVORCE. The parties agree to terminate their marriage by mutual consent without counselling and each agrees to promptlY execute the necessary affidavits and consents to procure a consensual divorce under the provisions of the Pennsylvania Divorce Code, such documents to be filed in the Divorce Action. -5- 10. GEtl.Illil~!L...~l\P..E. Husband rel1nquJ.shee his inchoate J.ntestate right in the estate of Wife, and Wife relJ.nquishea her inchoate intestate right in the estate of Husband, and each of the parties hereto by these presents, for himself or herself, his or her heJ.rs, executors, administrators or assigns, does hereby remise, release, quit-claim and forever discharge the other party hereto, his or her heirs, executors, administrators or assigns, or any of them, of any and all claims, demands, damages, actions, causes of action or suits at law or in equity of whatsoever kind or nature, for or because of any matter or thing done, omitted or suffered to be done by such other party prior to the date hereof, except that this release shall in no way exonerate or discharge either party from the obligatJ.ons and promises made or imposed by reason of this Agreement. 11. SURVIVAL OF AGREEMENT. It is the intention of the parties that this pClst-Nuptial Agreement shall survive any action in divorce which may be instituted or prosecuted by either party, and no order, judgment or decree of divorce, temporary, interlocutory, final or permanent, shall affect or modify the terms of this Agreement, but said Agreement may be enforced by any remedy at law or in equity, including enforcement proceedings under the pennsylvania Divorce Code. The parties agree to inoorporate this Agreement into a separate order of court to be entered in the Divorce Action, but this Agreement shall not be merged into said order or decree in divorce. -6- 12. .COOP.ERATION. The parties agree to cooperate with each other and to make, execute, acknowledge and deliver such instruments and take such further action as may hereafter be determined t6 be requisite and necessary to effect the purposes and intention of this Post-Nuptial Agreement. 13. YOLUNTl\.B.'L.IlXE;CUTION. ~'he parties declare and acknowledge that they have had the opportunity to have the provisions of this Post-Nuptial Agreement and their legal effect fully explained to them by independent counsel of their choosing and each party acknowledges that thls Post-Nuptial Agreement is fair and equitable, that it is being entered into voluntarily, with full knowledge of the assets of both parties, and that it is not the result of any duress or undue influence. The parties acknowledge that they have been furnished with all information relating to the financial affairs of the other to the extent same has been requested by each of them. 14. ENTIRE AGREEMENT. This Post-Nuptial Agreement contains the entire understanding of the partles and there are no representations, warranties, covenants or undertakings other than those expressly set forth herein. The parties acknowledge and agree that the provisions of this Agreement with respect to the distribution and division of marital and separate property are fair, equitable and satisfactory to them based on the length of their marriage and other relevant factors which have been taken -7- into consideration by the parties. Both parties hereby accept the provisions of this Agreement with respect to the divioion of property in lieu of and in full and final settlement and satisfaction of all claims and demands that they may now have or hereafter have against the other for equitable distribution of their property by any court of competent jurisdiction pursuant to the Pennsylvania Divorce Code or any amendments thereto. Each party vOluntarily and intelligently waives and relinquishes any right to seek a court ordered determination and distribution of marital property, but nothing herein contained shall constitute a waiver by either party of any rights to seek the relief of any court for the purpose of enforcing the provisions of this Agreement. 15. j:!AIVER. The waiver of any term, conditions, clause or provision of this Agreement shall in no way be deemed or considered a waiver of any other term, condition, clause or provision of this Agreement. 16. APPLICABLE LAW. This Agreement shall be construed, interpreted and enforced according to the laws of the Commonwealth of Pennsylvania. 17. HEADINGS. The headings or titles of the numbered paragraphs of this Agreement have been used only for the purpose of convenience and shall not be resorted to for the purposes of interpretation or construction of the text of this Agreement. -8- c, ') , ) . 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