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HomeMy WebLinkAbout98-01495 {' 't '" .~ ~ " " .2 ) .~ .~ .~. <<: -c 0- .~ '... - ~ ~ '- , 0 :) 0- CJ - , :- 0." et-.. ~. .. ~ , "Exhibit A" and incorporated herein by reference thereto; and WHEREAS, certain differences have arisen between the parties, as a consequence of which Wife desires to separate from Husband and Husband has elected not to oppose Wife's desires; and WHEREAS, the parties agree that their marriage is irretrievably broken; and WHEREAS, the parties plan that an action in divorce will be commenced as soon as practicable in the Court of Common Pleas of Cumberland County, Pennsylvania or other appropriate jurisdiction; and 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. Husband is represented by Philip H. Spare, Esquire of the firm of Snelbaker, Brenneman &. Spare, P. C. and Wife has elected not to engage the services of an attorney despite being informed by Husband's attorney that she should do so; and WHEREAS, the parties having a full opportunity to be advised of their respective rights, duties and obligations arising out of the marriage and each having a full opportunity to investigate and evaluate the assets, liabilities and all other aspects of -2- ~, . ~ ~ 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 perfor.med 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, DECLARATION AS TO ASSETS AND WAIVER OF EVALUATION, The parties agree that the items of property set forth in "Exhibit AU are all of the assets which they acquired during their marriage and which would be the subject of equitable distribution if submitted to a court for division under the previsions of the Pennsylvania Divorce Code. The parties declare and agree that they are familiar with said assets and hereby wai',e the evaluation thereof, although each party declares that she/he has had full opportunity obtain such evaluation. 3. DIVISION OF ASSETS. Upon the execution of this -3- ~ ~ 4. MARITAL HOME. Contemporaneous with the execution of this Agreement, Wife shall execute a deed granting and conveying to Husband her interest in the real property located at 6945 Wertzville Road, Enola (Silver Spring Township), Pennsylvania. 5. CURRENT LIABILITIES. The parties agree that the only existing liabilities of the parties are as follows: A. PNC Mortgage Loan Number 707136 secured by the Marital Home; 3. PNC Home Equity loan evidenced by Mortgage dated October 21, 1997; C. PNC MasterCard credit card account No. 5447 0500 0103 2775; D. PNC Visa credit card account No. 4270 0500 0101 6047; E. Victoria's Secrets credit card account No. 272 235 409; and F. Hecht's Department Store credit card account No. 631 927 720. Husband shall be solely responsible for paying the remaining balance c: the PNC Mortgage Loan, the PNC Home Equity Loan, the PNC MascerCard account and the PNC Visa account as set forth above. -5- <: ' .. Wife shall be solely responsible for paying the remaining balance of the Victoria's Secrets account and the Hecht's Department Store account as set forth above. Parties agree to indemnify one another and hold each other harmless of and from any and all debts, damages costs and expenses which either party may incur directly as a result of the other party's failure to pay the above listed liabilities and obligations. 6. FUTURE OBLIGATIONS. The parties agree that any and all obligations incurred subsequent to the date of this Agreement, shall be the sole and separate liability and responsibility 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 indemnify and hold harmless the other party of and from any and all liability arising from such future obligation. 7. RELEASE OF RIGHTS UNDER DIVORCE CODE. Except only as specifically provided to the contrary hereinabove in this Agreement, each party hereby waives and forever releases the other party of and from any and all claims which either may have against the other by reason of and pursuant to the Pennsylvania -6- ~ ~ 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 obligations created hereunder may be enforced by any remedies under the Pennsylvania Divorce Code. 8. INDIVIDUAL PROPERTY. Except only as may be provided specifically to the contrary hereinabove, each party shall retain all property, real, personal and otherwise, which is presently titled in his or her name and ownership, whether or not said property is or would be deemed to be marital property under the Pennsylvania Divorce Code and each party hereby expressly releases the other of and from any and all right of equitable distribution in and to said individually owned property of such other party. 9. GENERAL REL~. Husband relinquishes his inchoate intestate right in the estate of Wife, and Wife relinquishes 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 heirs, executors, administrators or assigns, does h~reby remise, release, quit-claim and forever discharge the other party hereto, his or her heirs, executors, administrators or assigns, -7- ~ , 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 obligations and promises made or imposed by reason of this Agreement. This Agreement shall not be construed to affect or bar the right of either party to an action for the enforcement or performance of this Agreement which may be instituted pursuant to the remedies available under the Pennsylvania Divorce Code. 10. SURVIVAL OF AGREEMENT. It is the intention of the parties that this Post-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 incorporate 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. . I -8- ~ < 11, COOPERATION. 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 to be requisite and necessary to effect the purposes and intention of this Post-Nuptial Agreement. 12. VOLUNTARY EXECUTION. The provisions of this Agreement and their legal effect have been fully explained to the parties by their respective attorneys. Each party acknowledges that this 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 informotion relating to the financial affairs of the other to the extent same has been requested by each of them. 13. DIVORCE The parties agree to terminate their marriage by mutual consent without counseling 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 anticipated Divorce Action. 14. ENTIRE AGREEMENT. This Post-Nuptial Agreement contains -9- ~ ~ the entire understanding of the parties 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 into consideration by the parties. Both parties hereby accept the provisions of this Agreement with respect to the division 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. WAIVER. The waiver of any term, condition, clause or provision of this Agreement shall in no way be deemed or considered a waiver of any other term, condition, clause or -10- . 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. 18. BREACH. It is expressly stipulated that if either party fails in the due performance of any of his or her material obligations under this Agreement, the other party shall have the right, at his or her election, to sue for damages for breach thereof, to sue for specific performance or to seek any other legal remedies as may be available, and the defaulting party shall pay the reasonable legal fees for any services rendered by the non-defaulting party's attorney in any action or proceeding to compel performance hereunder, 19. AFTER-ACOUIRED PROPERTY. Each of the parties shall hereafter own and enjoy independently of any claim or right cf the other, all items of property, be they real, personal or mixed, tangible or intangible, which are hereafter acquired by -11- ~ him or her, with full power in him or her to dispose of the same as fully and effectively, in all respects and for all purposes as though he or she were unmarried. 20. COUNSEL FEES. COSTS AND EXPENSES. Each party shall be responsible for his or her own legal fees, costs and expenses, if any, incurred in connection with their separation and/or the dissolution of their marriage. 21. INDEMNIFICATION. Each party represents and warrants to the other that he or she has not incurred any debt, obligation, or other liability, other than described in this Agreement, on which the other party is or may be liable. Each party covenants and agrees that if any claim, action or proceeding is hereinafter initiated seeking to hold the other party liable for any other debts, obligations, liability, act or omission of such party, such party will at his or her sole expense, defend the other against any such claim or demand, whether or not well-founded, and that he or she will indemnify and hold harmless the other party in respect of all damages as resulting therefrom. Damages as used herein shall include any claim, action, demand, loss, cost, expense, penalty, and other damage, including without limitation, counsel fees and oath er costs and expenses reasonably incurred in investigating or attempting to avoid same -12- or in opposing the imposition thereof or enforcing this indemnity, resulting to Husband or Wife from any inaccurate representation made by or on behalf of either Husband or Wife to the other in this Agreement, any breach of any of the warranties made by Husband or Wife in this Agreement, or breach or default in performance by Husband or Wife of any of the obligations to be performed by such party hereunder. The Husband or Wife agrees to give the other prompt written notice of any litigation threatened or instituted against either party which might constitute the basis for a claim for indemnity pursuant to the terms of this Agreement. 22. MODIFICATION. No modification, rescission or amendment to this Agreement shall be effective unless in writing signed by each of the parties hereto. 23. SEVERABILITY. If any provision of this Agreement is held by a Court of competent jurisdiction to be void, invalid or unenforceable, the remaining provisions hereof shall nevertheless survive and continue in full force and effect without being impaired or invalidated in any way. IN WITNESS WHEREOF, the parties have hereunto set their respective hands and seals the day and year first above written intending to legally bind themselves and their respective heirs, -13- ! t >- .~ cr: Co.; r-- ~ " 1- - C -,- ",1" ~5;:! I, ).;.....; --t.... C ' H-t " '- ' l',l. . 1 ~ j 2;~': -"";.- :n .. UtI ,~ , - trl..1 I . --' , I" i - 1.:' ~ :!,-~ r- -< 10. C8 ". 0 "'10 (5 -' .- ....~ '_~ 1''-'" .:" I ' ~h~ ! ,,\,:'.. ,'.I ':' . -,,'. ,~ :.. ;~, Ii ' J-;, . ~" ; ..\,1 'J.. ..:\' ~UI'II" : f .. (~. II, ~. <"I'" 1,-" .:.} " ','. - ~ ~. ~!~.:.7,~>.~>:,.,~.. . ,,:~t.~{;.:.; ,/,. -- " ~', -;~ ";::"Y~r :'. . ~_. J'.: ',:: ...' ...":,.'......~:-. '., . . ~\..~:~,.,. :~;!'.: 5~..~;.:;.~~....:~:/~. Ii I"" ',' r, '-, .,'- .:",jl;,,:,.... ,\,-. '" ~ : :'\,;'1 ;;'. - ;:~.,i.'..."".-...".,.'-_..._ '..... LAW OI''lCI:U SNELDAKER. BRENNEMAN 8: SPARE ROBERT B, WILLINGIIAM, JR., Plaintiff IN TilE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v, NO. 98-1495 CIVIL ACTION - LAW IN DIVORCE CIVIL TERM LINDA J, WILLINGIIAM, Dofondant PRAECIPE TO TRANSMIT RECORD TO: Prothonotary of Cumbor1and County: Pleaso transmit tho rooord, togother with the following information, to tho Court for ontry of a divoroe deoree: 1, Ground for divoroe: irretrievable breakdown under seotion 3301(0) of the Divoroe Code, 2, Date and manner of servioe of Complaint: By certified mail, restricted delivery, return receipt requested on Defendant March 20, 1998, (See Affidavit of Service filed currently herewith) 3, Date of execution of the Affidavit of Consent required by Section 3301(c) of the Divorce Code: by the Plaintiff: July 4, 1998; by the Defendant: July 3, 1998, 4, Related pending claims: None. 5, Plaintiff's Waiver of Notice in Section 3301(c) Divorce was signed July 4, 1998 and is being filed with the prothonotary as of the date of this Praecipe. 6. Defendant's Waiver of Notice in Section 3301(c) Divorce was signed July 3, 1998 and is being filed with the Prothonotary as of the date of this praecipe. SNELBAKER, BRENNEMAN & SPARE, p, C, Date: l/IS('t8 BY:~~ Att ne for Plaintiff LAW OFFICES SNELDAKER. BRENNEMAN 8: SPARE /' , ROBERT B, WILLINGHAM, JR., Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNT~, PENNS~LVANIA v, NO, 98-1495 CIVIL ACTION - LAW CIVIL TERM LINDA J. WILLINGHAM, Defendant IN DIVORCE AFFIDAVIT OF SERVICE OMMONWEALTH OF PENNS~LVANIA) OF CUMBERLAND) Philip H. Spare, Esquire, being duly sworn according to law SS, eposes and says: that he is a principal in the law firm of Snelbaker, Brenneman & Spare, p, c" being the attorneys for obert B, Willingham, Jr" Plaintiff in the above captioned action in divorce; that on March 19, 1998, he did send to Defendant Linda J, Willingham by certified mail, return receipt requested, restricted delivery, a duly certified copy of the Complaint in Divorce which was filed in the above captioned ction as evidenced by the attached cover letter of the same date nd Receipt for Certified Mail No. P 206 994 380; that said omplaint and cover letter were duly received by Linda J, illingham, Defendant herein, as evidenced by the return receipt ard for said certified mail; that a copy of the aforementioned over letter dated March 19, 1998, is attached hereto and incorporated by reference herein as "Exhibit A" and that the riginal Receipt for certified Mail and the Domestic Return eceipt are attached hereto and incorporated by reference LAW OFFICES SNElBAKER. BRENNEMAN 8: SPARE .' , P 2Db '1'14 3/lD US Poslol SOfVlco Receipt for Certified Mall No InsurollCo CovolOgo Provldoo. 00 nol uso lor Intomatlonal Mall S69 rev9rso SonllO LINDA J WILLINGHAM &{Oet" Number 102 SHEAFFER ROAD Posl OfficeiStaIO. " ZIP Code CARL SLE PA 17013 Postaoo $ 5S Certified Foe 135 Sped~O_ryF.. Restrlded Delivery F.. ~.7) '" g: Retum 110 ~ \ '2 :r g $ 5.7) CD '" E If Ul 0. , . 'I't"" ' .Ccfr4llolo~l onoMor2for__. .Ccfr4llolo_3.....ond.b. ' :; I -PrtnI VOl.I' name and addm. on the flWfH 01 tN. form 10 thai WI can relum thl. _to you. -AlIKh thlllonn to thllronI 0111-. mallp1ec:e, Of' on the back If tpace don not II II .e:r.lR..... RoceIpt RoquooIltd'on tho mdpio<o below tho .rtld. number. 'II -The Rltum Receipt wlllhow to whom the artlde we. dellvtred and the dati I IS dallvorod. i) ii 3. ArtIclo Addrossed to: I also wish to rocelv. thl lonowlng services (for en .m ,..): 1. 0 Addr....... AddrMI 2. ilfI Restrk:ted O.IIVI/Y Consult pos1mesl.r for 'BI. 4a. Artlcl. Numb.r P 206 994 380 4b. S.rvlce Typ. o R.glst.red lID Cer1l1lld o Expre.. Mall 0 IIl8UlId o Retum RsceIpt for Mercl1andlse 0 COO 7. O.t. of 0.11 LIllDA J WILLINGHAM 102 SHEAFFER ROAD CARLISLE PA 17013 5. Rec.lved By: (Print Nome) 'b lIP' 8. Addre...... Addr... (Only II requ..t<<l and ,..Is paid) :!l '!l. .!! 'f.. Domestic Return Rece t EXHIBIT B T f I I f ~ ! J + ::-- (,r; c": ,- '" ;-.. /Co' " :~ (Up - ~J "" .(.)r:~ "'J~.' FEt_: 21: <~).~: ~C;) .~ ;;~ cC U") -:11.1' 'i"i,} E!!' )... . r ,7.::.:; .J. =:; ,."jrb 1--. , ,,?CL 1.1- ~ .C' 0 ::j C"\ (J . . . . .; ~~) o. cr; c"; ~1~ or:(, ~ .. IJ.J_..,-: - 0"" ::..,:: <~~S t+: I.. -,-. c~ .'~ r" c:>tl In ~::.~;) @" .-;,...- :11!:'.;:;; .-'". -, !_Iii!] u;. . => !rJ. r!: -, ~~ IJ. ~ :) U 0" 0 . .. . .