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HomeMy WebLinkAbout98-01439 -'{' - \l -c iii Ll ',) " .~ '-0 .~,j '~ , ~ ,fj ,'" J;;~ .'i "';>,; "';,~ ...~!l \' .,;,-,..- .:'(i;.u; .,,~ ")~ :,.:-/;i~~~ ;~~j~~ : . ..,~." :"1\1" ">"\",,.h ",.,/{}f~1 'J'i~f;' ':~;I~ ; ,:~ '1,\ . '!t"~ :.';<:Y'; :':'ii:t. ;.,j'i'Mi ".;'il.!:!le -.'... . ":-,:':~~' jf~~ '. i~'-1" ;i;~ '. 'f<'l\ ':;~i~ ";:/(:1 ,;.;,,,,:r: .......:..'.'\!i~'~ .~,:'~~;fr: "f,~, ",y3,,, \:{-b". ,',:."'$1 .\,~. -"', .-,.,< ..i';~ .}~ ;.~~ ,'r ~ ':) - tl -t' . 1ft U. \ I I ) / j / /' i _.1 t ... ~. ~' . - .:l .... CJ \J' l'c')' ~ ..... ,",>",; 2. I'ERSONAL RIGl-ITS HUSBAND and WIFE may and shall, at all times hereafter, live separatc and apart. Each shall be free from all control, restraint, interferencc or authority, direct or indirect, by the other in all respects as is she or he were unmarried, e.xcept as may be necessary to carry out the provisions of this Agreement. Each may reside at such place or places as she or hc may select. Each may, for his or her separate use or benefit, conduct, carry on and engage in any business, occupation. profession or employment which to him or her may seem advisable. This provision ,hall not be taken, however. to be an admission on the part of either HUSBAND and WIFE of the lawfulness of the causes which led to, or rcsulted in. the continuation of their living apart. HUSBAND and WIFE shall not molest, harass, or malign the other or the respective families of each other, nor compel the othcr to cohabit or dwell in any manner with him or her, nor in any way interfere with the peaceful existence, separate from each other. 3. DEBTS Each party represents that they have not contracted any debt or liability for the other for which the estate of the other party may be responsible or liable except as otherwise provided herein, and that except only for the rights arising out of this Agreement, neither party will hereafter incur any liability whatsoever for which the other party or the estate of the other party will be liable. Each party agrees to indemnify and hold harmless from and against all future obligations of every kind incurred by thcm, including those for necessities. 3 4. WAIVER or APPRAISAL AND INVENTORY Thc partics ncknowledgc and agree that they have each had an opportunity to value or have appraised any and all marital property, and they do hercby waive a formal appraisal and inventory of same, and no statement or representation by eithcr party as to value shall be deemed a misstntcment or misrepresentation to the other or be dcemcd fraudulcnt. 5. MARITAL AND NON.MARITAL ASSETS HUSBAND and WIFE do hereby acknowledge that they have heretofore divided the non. marital assets and marital assets including but without limitation, business interests. jewelry. clothes, furniture, stocks, bonds, pensions and other assets wherever situated whether real, personal or mixed, tangible or intangible, and HUSBAND agrees that all assets in the possession of WIFE shall be the sole and separate property of WIFE; and. WIFE agrees that all assets in the possession of HUSBAND shall be the sole and separate property of HUSBAND. Each of the parties does hereby specifically waive, release. renounce and forever abandon whatever claims, if any, he or she may have with respect to any of the above said items which are the sole and separate property of the other. This document shall constitute a bill of sale for said sole property. 6. REAL ESTATE The parties jointly own property at 6343 Locust Lane, Mechanicsburg, PA 17055. Said house is encumbcred by a mortgage to Mellon Bank. Thc home is currently listed for sale. 4 Pending sale, WIFE shall reside in the home and have exclusive possession of the homc, Atlhe time of sale, thc outstanding mortgage. closing costs, applicable taxes and all real estate relatcd expenses shall be satisfied. The nel proceeds remaining lhereaftcr shall be shared equally between the parties. The only cxccption to this division is that any refund rcceived from the Homeowners insurance through Green- Trce Group or any release of escrow shall be the sole property of WIFE. 7. MOTOR VEHICLES WIFE shall have solc title and ownership of the 1994 Honda Prelude. HUSBAND shall have sole title and ownership of the 1996 Ford Explorer. Each party agrees to indemnify and hold the other harmless for any obligations owed on these vehicles. 8. PENSION Each party hereby waives any and all claims that he or she may have against the other to any pension, employee saving or other stock benefit program of the other. if applicable. 9. BANK ACCOUNTS AND INVESTMENTS Each party shall have sole possession of the bank accounts in their own names, which include the assets previously divided. 10. INSURANCE Each party shall retain ownership of any life insurance policy in his or hcr name. 5 and WIFE further, volunturily und intelligently, waive and relinquish any right to seek from the other any paymcnt for spousal support. alimony and muintenance. 14. SUDSEOUENT DIVORCE A dccree in divorce, entered by a court of competent jurisdiction to either party. shall not suspend, supersede or affect the terms of this Agreement. Both parties agree to enter a Consent Decree concerning the provisions of this Agreement in the Court of Common Pleas of Cumberland County, Pennsylvania, or any other Court of competent jurisdiction, as a part of a resolution of any divorce action filed. This Agreement. and the terms and conditions contained herein. as well as the enforcement of said terms and conditions, shall not be contingent upon the granting of a Divorce Decree to either party by the Court of Common Pleas of Cumberland County, Pennsylvania, or any other Court of competent jurisdiction. Furthermore, both parties hereto agree to timely execute the appropriate affidavits and consents to secure a No-Fault Divorce as may be required by the Divorce Code of 1980, as amended. Both parties hereto agree that this Agreement may be incorporated into a separate Court Order but shall not merge in such order in the Court of Common Pleas of Cumberland County, Pennsylvania. 15. OTHER DOCUMENTATION HUSBAND and WIFE covenant and agree that upon request of the other party, they will forthwith execute and deliver to the other party, any and all wriuen instruments, assignments, releases, satisfactions. deeds, notes or such other writings as may be necessary or desirable for the proper effectuution of this Agreement. 7 16. MUTUAL WAIVER AND RELEASE OF RIGHTS AND CLAIMS IN ESTATE Each party hereby releases, waives and relinquishcs any and all rights which he or she may now have, or may hcreafter have, against the other party undcr thc prescnt or future laws of any jurisdiction (a) to share in the estate of the other party upon the other party's death and (b) to act as executor/rix or administrator/rix of the other party's estate. 17. MUTUAL RELEASE HUSBAND and WIFE each do hereby mutually remise. release, quitclaim and forever discharge the other and the estate of such other. for all time to come, and for all purposes whatsoever. of and from any and all rights. title and interests. or claims in or against the property (including income and gain from property hereafter accruing) of the other or against the estate of such other. of whatever nature and wheresoever situate. which she or he now has or at any time hereafter may have against such other. the estate of such other or any part thereof. whether arising out of any former acts, contracts. engagements or liabilities of such other or by way of equitable distribution. dower or courtesy. or claims in the nature of dower or courtesy of widow's or widower's rights. family 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 lifetime 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 (a) Pennsylvania, (b) any State. commonwealth or tcrritory of the United States. or (c) any other country. or and rights which HUSBAND or WIFE may have or at any time hereafter have for the past. present or future support or maintenance. alimony, alimony pendente lite. counsel fees, costs or expenses, 8 '.' whcther arising as a result of the marital rclation or othcrwisc. cxccpt. and only cxcept. all rights and Agrcements and obligations of whatsoevcr naturc arising or which may arise under this Agrcemcnt or for the brcach of any thcrcof. Each of the parties hcreto furthcr covenants and agrees for himself and herself and his or her heirs. executors. administrators and assigns. that he or she will never, at any time hereafter. sue the other party or is or her heirs. exccutors. administrators and assigns. for the purpose of enforcing any of the rights relinquished under this paragraph. Each of the parties further covenants and agrees that he or she will permit any will of the other to be probated and allow administration upon his or her personal, real or mixed estate and allow effects to be taken out by the person or persons who would have been entitled to do so had HUSBAND or WIFE died during the lifetime of the other. Each of the parties hereby releases. relinquishes and waives any and all right to act as executor or executrix or administrator or administratrix of the other's estate. It is the intention of HUSBAND and WIFE to give to each other by the execution of this Marital Selllement Agreement a full. complete and general release with respect to any and all property of any kind or nature, real. personal or mixed, which the other now owns or may hereafter acquire. except and only except all rights and Agreements and obligations of whatsoeve~ nature arising or which may arise under this Agrecment or for the breach of any thereof. 9 (") v:'I 0 C OJ "n ",.. lJrn '- -J c:: f.!.' I} ~ ,_. :h:n 2,:.1 r- I .,,[Tl (/.I~' . -.J ,',:71 "<. . ~')(I; f:;~, , -\ - ""~~ =~ .X;:H r;~F; '),') ....F; =:? e,irn L_ :;:1 :;~ :.) 5:! rv -;. (") _0 C ::'1,) () ~- -., -r'; C'; r._ S'}I.i,i c:: .-;1 I ~~~.:_;l. ,-- , ,;:0 I r- -' -.: '<8 G'~t::' " ,'-:r'. "-r' .k) ~:- ::i: r. -+' ~;i3 )_..1 S~) :;;0 .~'- ,.:;rn :.:;: :" "'" 1-.) :0 "', (") '..a C') c CJ . '1 " "'I " I:: f;; <- ~J , , ~n"l .;::,; :n~ /, .._~ . 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