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HomeMy WebLinkAbout98-01667 If) ~, , ~ 4'1 " \1/ ::.. I . I '?, I ~, "t ,~ ~ ~ .... ~ - ~ .:;) ... C.J l::'--- ~ ..j- .......... ~l C--I I ~ " ffi___._______________,___"_____~ . ~ , " . :1 ' ~i IN THE COURT OF COMMON PLEAS ~i ~I "' " ~ ... ff '.' ~' OF CUMBERLAND COUNTY STATE OF PENNA. w '.' " '" *- ',' II ~ '.' WILLIAM D. EDWARDS N () .98~1667,.,.,,, 1<)98 *- '.' \'('I',-;ll.'; ~ '.' * ',' VICKI K. EDWARDS *- ',' ~ '.-' ~ ',0 DECREE IN o I V 0 R C E . d II os,! yV\ \ j!. 'J~ ,_1 . AND NOW, ' , , , , , , }, , 0' .7 , , , , , , , ,,19 , . , , , " It Is ordered and decreed that '" ,WILLI<\l1, D., EDWNlDS, , , , , , , , , , . , , . , , , , , , " plaintiff, and, , V,r.cJU, /<,., E.QWAM~ , , , , , , , , , , , , " , , , , , , , , , , , , . , , , , , , , " , " defendant, are divorced from the bonds of motrimony. ~ ',' ~) \,1) ~ .', w '.' ~ ,,' ~ ~ .. " * '.' w '.' The court retains jurisdiction of the following claims which have boen raised of record in this action for which a final order has not yet been entered; .. " ~ i;> * '.' t0i~ ,'. ~ ""', ',."."......,.."." .".,..,..,"',..,.""",."..."."", , .. ~ .."."..,',.,.,'",.",.,.,."."",.", , ,', ~ .' /' 'j n y ~..~._.'."~ ;7/., ~: /:::~' ~_n I AIIO.t'ct?ttt, ,(;'.J<5'fY': 4';~h(~7'" ~:jw. ~I;;' ,e: d,.;A1:., 91: t/' ;/ ~ C ? P,'olhouolllry (. w ~ ~ ~ " ~ ~ ~ -' ."" , , ,. n_"_, n .', _ ., '. _ . . . ", , ,.~-~~~-~,~"~,_.~,~.~.~~,~.* ;~\ .:+> ,:+;. -:+;, -:+;. ,:+;. ,~~> ,~.;, .~.;, -:.:, ,~.:. .:.:' -:.i.' .J. I: I" ~ i* ~ I; i" I~ ~ '.' * ~ ~ ~ '.' * ~ ~ :f. I~ ~ ,', ~ " ," ~, ~ ~ '.' ~ ',0 * '.' ,', ~ ~ '.' ~ ~,~ ~ ~.-' ~ '.4 ,', :, ~ '':' ~ t. ~ '.' i ... ~ '.' ~ ',4 ~ ',' ~ '.' '..' them relating to the ownership and equitable distribution of real and personal property; the settling of all matters between them relating to the past, present and future support, alimony and/or maintenance of WIFE by HUSBAND or of HUSBAND by WIFE; and in general, the settling of any and all claims and possible claims by one against the other or against their respective estates. NOW, THEREFORE, in consideration of the premises and mutual promises, covenants and undertakings hereinafter set forth and for other good and valuable consideration, receipt of which is hereby acknowledged by each of the parties hereto, WIFE and HUSBAND, each intending to be legally bound hereby, covenant and agree as follows ~ 1. Ul'CORPORATIQlLQ~.RJl:l\MBI&J.. The recitals set forth in the Preamble of this Agreement are incorporated herein and made a part hereof as if fully set forth in the body of the Agreement. 2. AGFEEMENT NOT A BAR TO DIVORCE PROCEEDINGS I This Agreement shall not be considered to affect or bar the right of HUSBAND and WIFE to an absolute divorce on lawful grounds if such grounds now exist or shall hereafter exist or to such defense as may be available to either party. This Agreement is not intended to condone and shall not be deemed to be condonation on the part of either party hereto of any act or acts on the part of the other party which have occasioned the disputes or unhappy differences which have occurred or may occur subsequent t.o the date hereof. nlANE (I. RAIX'UFF 344A TllINIlLl', ROAIl CAMI' IIII.I..I'A 17011 (717)737.0100 Page 2 of 23 DIANI! (J, RADCLIFF 3448 TRINIlI.I! ROAD CAMP 1111.1.. PA 17011 (717) 7J7.0100 .-., ....' 3 . DIYORCJl:_,DJl:,CRJl:E,I, The parties Olcknowledge that their marr:lage is irretrievably broken and that they will secure a mutual consent no-fault di.vorce decree in the above captioned divorce action. As soon as possible under the terms of said Divorce Code, the parties shall execute and file all documents and papers, including affidavits of consent, necessary to finalize said divorce. If either party fails or refuses to finalize said divorce or execute and file the documents necessary to finalize the divorce, said ,failure or refusal shall be considered a material breach of this Agreement and sha.ll entitle the other party at his or her option to terminate this Agreement. 4 . Jl:F~'ECT OF DIVO~-DERll:Jl:.l, Unless otherwise specifically provided herein, this Agreement shall continue in full force and effect after such time as a final Decree in Divorce may be entered with respect to the part ies. 5 . AGREEMENT TO BE INCORl'QRA'l'Jl:ILIN DIy:QRCE. DECREE I The terms of this Agreement shall be incorporated into any Divorce Decree which may be entered with respect to them. 6. NON-MERGER.!. This Agreement shall not merge with the Divorce Decree, but rather, it continues to have independent contractual significance and each party maintains their contractual remedies as well as court remedi.es as the result of the aforesaid incorporation or as otherwise provided by law or statute. Page 3 of 23 DIANE 0, IIAD(,I.IFF 3448 TRINDLI' ROAD CAMP IIILL./'A 17011 (717/737.0100 7. DAT&_-OFEXll1CU'l'ION: The "datA of' executIon" or "execution date" of this Agreement shall be defined as the date of execution by the party last executing this Agreement. B. IU.STRIllUUON_DATJl:J The transfer of property, funds and/or documents provided for herein shall only take place on the "distribution date" which shall be defined as the date of execution of this Agreement unless otherwise specified herein. 9 . 'lOL.l1NTARY EXECUTI.QN_ANILFAIRNESLOLAGRE:Jl:M.EN'1'1. Each party acknowledges that this Agreement has been entered into of his or her own volition, with full knowledge of the facts and full disclosure of their separate and joint estates, and that each believes this Agreement to be reasonable under the circumstances. Further, WIFE acknowledges that she has been advised of her right to be advised by an attorney of her own choosing prior to entering into this Agreement and that she voluntarily has decided not to retain such counsel, and further acknowledges that WIFE accepts said Agreement and that said acceptance is not based on any advice or representation made by HUSBAND'S counsel, Diane G. Radcliff, Esquire, nor has any such advice and/or representation been given to WIFE by said counsel. 10. FINANCIAL DISCLOSURE I, The parties confirm that each has relied on the substantial accuracy of the financial disclosure of the other, as an inducement to the execution of this Agreement and each party acknowledges that there has been a full and fair Page 4 of 23 DIANE 0. RADCLIFF 3448 TRINDLE ROAD CAMI'IIILL.I'A 17011 (717) 71).0100 discloBLlI:e of tho parthJs' marital aBBets which has been provided to each party. 11 . IUSCL.OSJ1RJl:.ANDI'lAI'IlBROF_l'ROCEDURAL _, RIGHl'B.l, Each party understands that he or she has the right to obtain from the other party a complete inventory or list of all of the properLy that either or both parties own at this time or owned as of the date of separation, i'lnd that each party has the right to have all. SLlch property valued by means of appraisals or otherwise. Both parties understand that they have the right to have a COLl,rt hold hearings and make decisions on the matte:>:s covered by this Agreement. Both parties understand that a court decision concerning the parties' respective rights and obligations might be different from the provisions of this Agreement. Each party hereby acknowledges that this Agreement is fair and equitable, that it adequately provides for his or her needs and is in his or her best interests, and that the Agreement is not the resul t of any fraud, duress, or undue influence exercised by either party upon the other or by any other person or persons upon either party. Given said understanding and acknowledgment, both parties hereby waive the following procedural rights: a. The right to obtain an inventory and appraisement of all marital and separate property as defined by the Pennsylvania Divorce Code. b. The right to obtain an income and expense statement of the other party as provided by the Pennsylvania Divorce Code. Page 5 of 23 IlIANE 0. ~AIlCUI''' 3448 T~INIlU! IIOAIl CAMI' IIILL.I'A 1701] (717)7)).011\0 Q. 'I'he right to have any discovery as may be permitted by the RUles of Civil Procedura, d. The right to have the court determine which property is marital and which is non"marital, and equitably distribute between the parties that property which the court determines to be marital. e. The right to have the court decide any other rights, remedies, privileges, or obligations covered by this Agreement, including, but not limited to, possible claims for divorce, spousal support, alimony, alimony pendente lite (temporary alimony), and counsel fees, costs and <3xpenses. 12. ~.P-R01'ERnl HUSBAND and WIFE do hereby acknOWledge that they have previously divided their tangible personal property inCluding, but wi thout, limitation, jewelry, clothes, furniture, furnishings, rugs, carpets, household equipment and appliances, tools, pictures, books, works of art and other personal property and hereafter WIFE agrees that all of the property in the possession of HUSBAND shall be the sole atld separate prope,rty of HUSBAND; and HUSBAND agrees that all of the property in the possession of WIFE shall be the sole and separate property of WIFE. The parties do hereby specifically wai ve, release, renounce and forever abandon whatever claims, if any, he or she may have wi th respect to the above items which shall become the sole and separate property of the other. Page 6 of 23 DIANE (;, RADCLIFF 3448 TRINDLI! ROAD CAMP 1111.1., PA 17011 (117) 131-0100 13. AF'l'mR:ACQUIRKlLPROPER'lY_I, Each of the parties shall hereafter own and enjoy, independently of any claim or right of the other, all property, tangible or intangible, real, personal or mixed, acquired by him or her, since March 2, 199B, the date of the parties' marital separation, 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 and each party hereby waives, releases, renounces and forever abandons any right, title, interest and claim in and to said after acquired property of the other party pursuant to the terms of this paragraph. 14 . IUYJ:SI.OlL..QF.-YEHI.CLESl.. With respect to the vehicles owned by one or both of the parties, they agree as follows: a. 1994 Jeep Cherokee shall be the sole and exclusive property of WIFE. b. 1991 Chevrolet pick Up Truck shall be the sole and exclusive property of HUSBAND. The titles to said vehicles shall be executed by the parties, if appropriate, for effectuating transfer as herein provided on the date of execution of this Agreement and said executed titles shall be delivered to the proper party on the distribution date. For purposes of this Paragraph the term "title" shall be deemed to include "power of attorney" if the title to the vehicle is unavailable due to financing arrangements or otherwise. In the event any vehicle is subject to a lien or encumbrance the party receiving said Page 7 of 23 DIANE (], RAIX'I.IFF 344R TRINIlLI! ROAIl CAMI'IIILL.I'A 171111 (117) 1J7.0 I ()() vehicle as his or her property shall take it subject to said lien and/or encumbrance and shall be solely responsible therefor and said party further agrees to indelonJfy, protect and save the other party harmless from said lien or encumbrance. Each of the parties hereto does specifically waive, release, renounce and forever abandon whatever right, title and jnterest they may have in the vehicles that shall become the sole and separate property of the other pursuant to the terms of this Paragraph. 15 . DI~Q}LQF-REAILEB'1'Al'E.l. The parties are the owners as tenants by the entireties of a certain tract of improved real estate known and numbe~ed as 613 High Street, West Fairview, Pennsylvania (hereafter referred to as "the Real Estate"). The Real Estate has an estimil.ted value of $80,000.00 and is encumbered with a first mortgage owed to Member's 1'" having an approximate balance of $35,000.00 (hereafter referred to as "the First Mortgage") and a second mortgage (home equity loan) owed to Member's 1B' having an approximate balance of $15,000.00 (hereafter referred to as "the Home Equi ty Loan") (both mortgages hereafter collectively referred to as "the Mortgages"). With respect to the Real Estate and the Mortgages, the parties agree as follows: a. HUSBAND shall make, execute and deliver all documents in the usual form conveying, transferring and granting to WIFE all of his right, title and interest in and to the Real Estate. The deed of conveyance for said transfer shall be executed by HUSBAND and delivered to WIFE upon Page 8 of 23 WIFr~' s refinancing or payment of the Mortgages as hereafter provided. b. Within twenty (20) days of the dat.e of this Agreement WIFE shall apply for refinancing of 100% of the Fir'st mortgagt~ and 75% of the Home Equity L,oan. Proof of said appl icat ion shall be provided to HUSBAND by WI FE wi thin 5 days after said application. WIFE shall complete sett.lem6nt on said refinancIng as soon CiS possible and within a reasonable time after said appli.cation At settlement on said refinancing, WIFE shall payoff the entire balance owed on the First Mortgage and 75% of the Home Equity Loan and HUSBAND shall pay the remaining 25% owed on the Home EquIty I,oan. Concurrently therewith, HUSBAND shall execute and deliver the aforesaId deed of conveyance to WIFE as required by subparagraph a. above. o. In the event WIFE is unable to secure said refinancing within a reasonable time of the date of thIs Agreement, WIFE shall be required reapply for said refinancing on an annual basis for 3 additional annual applications, the first application to be made 12 months after the date of this agreement and the next two applications to be made annually thereafter. WIFE shall provide HUSBAND with proof of said applications within 5 days thereafter. d. In the event WIFE has not applied for the refinancing and provided HUSBAND with proof thereof as required by subparagraphs b. and c. above or if she has not secured and settled on the refinancing within 3 years and 2 months after the date of this Agreement, or in the event DIANE (J, RADCLIFF J44H HINDLE IIOAD CAMI' IIILL.I'A 17011 (717) 7J?OIIIO Page ~ of 23 WIFE: becomes more than thirty (30) days late in any payment due by he t. on the payment of the Mbrt9ages before the same are refinanced and pldd in full a9 hereaftel provided, then the real nstate shall bE! listed for sale with a qualified real estate broker and sold at the best price obtainable. Upon the sale the Mortgages shall be paid off from the proceeds derived and all of the net proceeds thereupon remaining shall be WIFE'S sole and separate property. Concurrently with the sale and payment of the tllortgages, HUSBAND shall pay WIFE an amount equal to 25% of the balance owed on the Member's 1 at home equity loan at time of settlement. WIFE shall be liable for the reporting of the entire sale proceeds on her applicable tax returns and shall be solely responsible for any and all taxes arising out of said reporting and shall indemnify, protect and save HUSBAND harmless therefrom, it being understood and agreed that HUSBAND shall have no liabiI i ty for any such taxes. e. From and after the date of this Agreement, WIFE shall be solely responsible for the payment of any and all bills and expenses pertaining to the Real Estate including, but not limited to, the Mortgages and shall indemnify I protect and hold HUSBAND harmless from any and all liability thereunder. If WIFE should fail to timely pay (within 30 days of the due date) the Mortgages, the Real Estate shall be sold in accordance with the terms of subparagraph d. above. The foregoing notwithstanding, IlI^NE rJ, H^IX'!.II'F 344K THIN!>!.E Il(MIl C^MP 1I1!.!..I'^ 17011 (717)7JHJIOO pending the refinancing and payment of the Mortgages, Page 10 of 23 HUSBAND shall be responsible for the payment of 25% of the home I~quj ty Loan and shall deliver his payment thereof to WIFE within a reasonable time before each payment under the Home ECJui ty l,oan becomes due so that WIFE can make timely payment thereof. HUSBAND'S failure to make said payments in a timely fashion shall exCUse WIFE from the requirement to make timely payment of that portion of the Home Equi ty l,oan. 16 . Jl:ACH...1'U'l'IJ(Jl:TA.tNtLDmLPENSI.OlLPLANB.L Each of the parties does specifically waive, release, renounce and forever abandon all of their right, title, interest or claim, whatever it may be, in any Pension Plan, Retirement Plan, Profit Sharing Plan, 401-K Plan, Keogh Plan, Stock Plan, Tax Deferred Savings Plan and/or any employee benefit plan of the other party, whether acqUired through said party I s employment or otherwise, and hereafter said Pension Plan, Retirement Plan, Savings Plan, Tax Deferred Savings Plan and/ or any employee benefi t plan shall become the sole and separate property of the party in which name or through whose employment said plan is carried. With respect to the DIANE 0, RAIX'UI'I' 3448 TRINIlI.E RO^,' CAMI'IIII.I..I'A 1701] (7]7) 737.0100 foregoing it is understood and agreed that HUSBAND shall retain as his sole and separate property his pre..marital IRA having a value of approximately $4,000.00, his Thrift Savings Plan having an approximate value of $50,000.00 and his Civil Service Pension/Retirement Plan and Wife shall retain as her sole and separate property her Tax Deferred Savings Plan having an approximate value of $1,000.00 and her Holy Spirit Hospital Pension Plan Page 11 of 23 DIAN(! 0, RAIX'LlFF 3448 mlNIlLIi ROAD CAMP IIILL. "A 17011 ("/17) 737.0100 17 . D.I~;tSlOtL.OF.aAN1CACCQllNTBJ.a'l'QCltlLIU,_INSURANCh The parties acknowledge and agree that. t.hey have previously divided t.o their IIwt.ual satisfact.ion all of their bank accounts, certificates of deposit, IRA accounts, bonds, shares of stock, investment plans and life insurance cash value and hereafter WIFE agrees that all said bank accounts, certificates of deposit, IRA accounts, bonds, shares of stock, investment plans and life insurance cash value in the possession of HUSBAND shall become t.he sole and separate property of HUSBAND; and HUSBAND agrees that all the said bank accounts, certificates of deposit, IRA accounts, bonds, shares of stock, investment plans and life insurance cash value in t.he possession of WIFE shall become the sole and separat.e property of WIFE. Each of the parties does specif ically waive, release, renounce and forever abandon whatever right, title, interest or claim, he or she may have in any bank account., certificates of deposit, IRA accounts, bonds, shares of stock, investment plans and life insurance cash value that is to become the sole and separate propert.y of t.he ot.her pursuant to the terms hereof. 18. ~AIVER OF INHERITANCE. Each of the parties hereto does specifically waive, release, renounce and forever abandon any right., ti tIe, int.erest and claim, if any, either party may have in and t.o any inheritance of any kind or nature whatsoever previously or in the future received by t.he ot.her party. Page 12 of 23 IlIANE 0, RAIlCI.IFF 3448 TRINIlLr! ROAIl CAMI'IIII.I..I'A 17011 (717) 73"/.0100 19 . i'lIFE.~a..m:13.TS.1 WIFE represents and warrants to HUSBAND that since the parties I marital separation she has not contracted or incurred any debt or liability for which HUSBAND or his estate might be responsible and WIFE further represents and warrant.s to HUSBAND that she will not contract or incur any debt. or liabU i ty after the execution of this Agreement:, for which HUSBAND or his est. ate might be responsible. WIFE shall indemnify and save HUSBAND har'mless from any and all claims or demands made against him by reason of debts or obI igations incurred by her. 20 . HllBBAND-'lLDEBl'S.t HUSBAND represents and warrants to WIFE that since the parties I marital separation he has not contracted or incurred any debt or liability for which WIFE or her estate might be responsible and HUSBAND further represents and warrant.s to . WIFE that he will not contract or incur any debt or liability after the execution of this Agreement, for which WIFE or her estate might be responsible. HUSBAND shall indemnify and save WIFE harmless from any and all claims or demands made against her by reason of debts or obligations incurred by him. 21. MARITAL DEB'l't ),' · t: l.,,,/,- . During the course of the marriage, HUSBAND and WIFE have incurred certain bills and obligations and have amassed a variety of debts, and it is hereby agreed, without ascertaining for what purpose and to whose use each of the bills were incurred, the parties agree as follows: Page 13 of 23 a. WIFE: shall be solely responsible for the following bills and debts: 1. Hershey Medical bill for medical treatment for the part ies' son having a separat ion balance of approximately $2,300.00 and now paid off by WIFE. 2. Any and all other debts incurred by WIFE in her sole name. b. HUSBAND shall be solely responsible for the following bills and debts: 1. Member's 1st PSL having an approximate balance at separation of $300.00 and now paid off by Husband. 2. Any and all bills and debts incurred by HUSBAND in his sole name. Each party agrees to hold the other harmless from any and all liability which may arise from the aforesaid bills which pursuant to the terms herein are not the responsibility of the other party. Any joint debt shall be canceled so that neither party can make any further charges thereunder and if said charges are made in violation of this Agreement than the party incurring said charge shall immediately repay the same. Any liability not disclosed in this agreement shall be the sole responsibility of the party who has incurred or may hereafter incur it, and the party incurring or having incurred said debt shall pay it as it becomes due and payable. From the date of this Agreement., each party shall only use those credit card accounts or incur such further obligations for which that party is individually and solely liable and the DIANE (), RAIX'LlFF 344M TRINDLE ROAD CAMP IIILL.I'A 17011 (717) 737.0100 Page 14 of 23 DIANE 0, RADCLI!'!' 3448 TRINIlLE ROAD CAMI'IIII.L.I'A 17011 (717)737.0100 partJEJS shall cooperate in Closing any remaining accounts which provide for joint liability. 22 . aANKRUPTC1: 1~e parties hereby agree that the provisions of this Agreement shall not be dischargeable in bankruptcy and expressly agree to reaffirm any and all obligations contained herein. In the event a party files such bankruptcy and pursuant thereto obtains a discharge of any obligations assumed hereunder, the other party shall have the right to terminate this Agreement in which event the division of the parties' mari tal assets and all other rights determined by this Agreement shall be subject to court determination the same as if this Agreement had never been entered into. 23 . SUCIAI.--.SJl:CURITLllENJl:F.ITSl. The parties agree that subject to the rules and regulations of the Social Security Administration, each of the parties shall continue to be eligible for Social Security benefits to which he or she would ordinarily be qualified as a party to a divorce after a marriage of ten (10) years or more in duration, if the parties' marriage is determined to be of ten (10) or more years in duration. 24 . INC.O~I,QILBETURNS I, The parties have heretofore filed joint federal and state returns. Both parties agree that in the event any deficiency in federal, state or local income tax is~roposed, or any assessment of any such tax is made against either of them, each will indemnify and hold harmless the other from and against any loss or liability for any such tax deficiency or Page 15 of 23 DIANE (], RADCliFF 3448 TRINDLE ROAD CAMI'IIILL, PA 17011 (717) 737.0100 assessment therewi th. Such tax, interest, penal ty or expense shall be paid solely and entirely by the individual who is finally detennined to be the cause of the misrepresentations or failures to disclose the nature and extent of his or her separate income on the aforesaid joint returns. 25. FINAL._E.OIlIl'.ABI& DISTRIBUTIOti-'lL"p.RQ1>.Jl:.R'rY.t The parties agree that the division of all property set forth in this Agreement is equitable and. in the event an action in divorce is commenced, both parties relinquish the right to divide said property in any manner not consistent with the terms set forth herein. It is further the intent, understanding and agreement of the parties that this Agreement is a full, final, complete and equitable property division. 26. i>lAI.VJl:lL.QF ALIMONY. SPOUSAL SU~QR'l'_ANtLc.oS'I'.SJ. The parties hereto agree and do hereby waive any right and/or claim they may have, both now and in the future, against the other for alimony, alimony pendente lite, spousal support, maintenance, counsel fees and costs. 27 . PERS.o.N.AlLlUGm'B..t HUSBAND and WIFE may and shall, at all times hereafter, live separate and apart. They shall be free from any control, restraint, interference or authority, direct or indirect, by the other in all respects as fully as if they were unmarried. They may reside at such place or places as they may select. Each may, for his or her separate use or benefit, conduct, carryon and engage in any business, occupation, profession or employment which to him or her may seem advisable. HUSBAND and WI FE shall not molest, harass, disturb or malign each Page 16 of 23 D1,\NE 0. RAIK'LlI'I' .1448 TRIND!'E ROAD CAMI'IIILL,I'A 17011 (717) 737.11100 other or the respective families of each other nor compel or attempt to compel the other to cohabit or dwell by any means or in any manner whatsoever with him or her. 2 8 . Mtl'l'l1AL...RJl:LEASJl:B.l HUSBAND and WIFE each do hereby mutually remise, release, quitclaim and forever discharge the other and the estate of such ot.her, for all time to come, and for all purposes whatsoever, of any 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 he or she 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 dower or curtsey, or claims in the nature of dower or curtsey or 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) the Commonwealth of Pennsylvania, (b) State, Commonwealth of territory of the United States, or (c) any other country, or any rights which either party may have or at any time hereafter have for past, present or future support or maintenance, alimony, alimony pendente lite, counsel fees, equitable distribution, costs or expenses, whether arising as. Page 17 of 23 DIANE 0, KAIX'LlI'I' 3448 TKINllLE KOAI,\ CAMI'IIILI,. PA 17011 (717) 7.17.0100 a result of the marital relation or otherwise, except, any only except, all rights and agreements and obligations of whatsoever nature arising or which may arIse under this Agreement or for the breach of any provIsion thereof. It is the intention of HUSBAND and WIFE to gIve to each other by the execution of this 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 whatsoever nature arising or which may arise under this Agreement or for the breach of any provisions thereof. 29. WAI.:\lER..J2R MODIFICATION TO BE IliLWRITING. No modification or waiver of any of the terms hereof shall be val id unless in wri ting and signed by both parties and no waiver of any breach hereof or default hereunder shall be deemed a waiver of any subsequent default of the same or similar nature. 30. MIrl'l1AL COOI'ERATIOIil Each party shall, at any time and from time to time hereafter, take any and all steps and execute, acknowledge and deliver to the other party, any and all further instruments and/or document that the other party may reasonably require for the purpose of giving full force and effect to the provisions of this Agreement. Page 18 of 2~ DIANE (], RADCLIFF 3448 TRINDLE ROAIl CAMP IIII.L.I'A 17011 (717)m.0IOO 31 . AGRll:Jl:MEN'l'..JUNIUNCL_ON.HElRS.t This Agreement shall be binding and shall inure to the benefJt of the parties hereto and their respecUve heirs, executors, administrators, successors and assigns. 32 . nITEG1l.AT.I.ONJ" This Agreement constitutes the entire understanding of the parties and supersedes any and all prior agreements and negotiations between them. There are no representations or warranties other than those expressly set forth herein. 33. OTHER DOCllMENTATI01>lJ. WIFE and HUSBAND covenant and agree that they will forthwith (and within at least twenty (20) days after demand therefor) , execute any and all written instruments, assignments, releases, satisfactions, deeds, notes, stock certificates, or such other writings as may be necessary or desirable for the proper effectuation of this Agreement, and as their respective counsel shall mutually agree should be so executed in order to carry out fully and effectively the terms of this Agreement. 34. NO WAIVER OF DEFAULT, This Agreement shall remain in full force and effect unless and until terminated under and pursuant to the terms of this Agreement. The failure of either party to insist upon strict performance of any of the provisions of this Agreement shall in no way affect the right of such party hereafter to enforce the same, nor shall the waiver of any subsequent default of the same or similar nature, nor shall it be Page 19 of 23 construed as a waiver of strict performance of any other obligations herein. 3 5 . BJl.EACH " If for any reason either HUSBAND or WIFE fails to perform his or her obligations owed to or for the benefit of the other party and/or otherwise breaches the terms of this Agreement, then the other party shall have the following rights and remedies, all of which shall be deemed to be cumulative and not in the alternative, unless said cumulative effect would have an inconsistent result or would result in a windfall of the other party. a. the right to specific performance of the terms of this Agreement, in which event the non-breaching party shall be reimbursed for all reasonable attorney's fees and costs incurred as the resul t of said breach and in bringing the action for specific performance. b. the right of this to damages arising out of breach of the terms Agreement, whIch damages shall include reimbursement of all attorney's fees and costs incurred as the result of the breach and in bringing t.he damage action. c. the right to all remedies set forth in Section 3502(e) of the Pennsylvania DIvorce Code, 23 Pa. C,S.A. 3502(e) , an any additional rights and remedies that may hereafter be enacted by virtue of the amendment of said Section or replacement thereof by any other similar laws, which remedies shall include, but not limited to: 1. the entry of judgment; IlIANP. (I, RAIX'LII'I' 3448 TRINIlU, ROAD CAMP 1111.1.. PA 17011 (717) 7J7.0illO Page 20 of 23 1'\ t. L ~~ I DIANE 0, RAIJCI.1FI' 3448 T1tINOI.1! ROAn CAMI'IIII.I..I'A 11011 (111) 1]1-()l00 2. the authodzation of the taking and seizure of goods and chattels and collection of rents and protits of real and personal and tangible and intangible property; 3. the award of interest on any unpaid installment; 4. the transfer and sale of any property required to obtain compliance with the obligations undertaken by this Agreement; 5. the posting of security to insure future payments to compliance with the obligations assure undertaken by this Agreement; 6. the issuance of attachment proceedings and the holding of the breaching party to be in contempt and the making of appropriate order therefor including, but not I iroited to, commitment of the breaching party to county jail for a period not to exceed 8ix (6) months. 7. the award of counsel fees and costs. 8. the attachment of the breaching party I swages. d. Any other remedies provided for in law or in equity. 36. LAi'L.QF PENNSnNANIA.M.ELICABLEL This Agreement shall be construed in accordance with the laws of the Commonwealth of Pennsylvania. 37. SEVER~LITY: If any term, condi tion, clause or provision of this Agreement shall be determined or declared to be void or invalid in law or otherwise, t.hen only that term, condition clause or provision shall be stricken from this Agreement and Page 21 of 23 in all other respects this Agreement shall remain valid and continue j,n full force, effect and operation. Likewise, the failure of either party to meet his or her obligations under this Agreement under anYone or more of the paragraphs hereunder, with the exception of the satisfaction of a condi t ion precedent, shall jn no way avoi.d or al ter the remaining obligeltions of the parties. 38 . HJl:AIUNGSJI01'-~F_ AGREEMENT.I. Any headings preceding the text of the several paragraphs and SUbparagraphs hereof, are inserted Solely for convenience of reference and shall not constitute a part of this Agreement nor shall they affect its meaning, construction or effect. BY SIGNING THIS AGREEMENT, EACH PARTY ACKNOWLEDGES HAVING READ AND UNDERSTOOD THE ENTIRE AGREEMENT, AND EACH PARTY ACKNOWLEDGES THAT THE PROVISIONS OF THIS AGREEMENT SHALL BE liS BINDING UPON THE PARTIES AS IF THEY WERE ORDERED BY THE COURT AFTER A FULL HEARING. IN WITNESS WHEREOF, the parties hereto have set their hands and seals the day and year first above written. WITNESS: /J/ANfiO,IIAIl('I.IFF 3448 TRINIJI.I. ROAD CM.l/'IIII.I..I'AI7011 (717)737.0100 (SEAL) (SEAL) Page 22 of 23 " (i d., () ;;I~J ", I r:::~... I , t~J f. .' . - I (" , I \ .1 , I I ,) ..-,-,< , . " :1'\ ;'} \ .) :...;, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA WILLIAM D. gDWARDS, Plaintiff v. NO. 98-1667 CIVIL TERM VICKI K. EDWARDS, Defendant CIVn. ACTION - LAW DIVORCE PRAECIPE OF TRANSMIT RECORD To the Prothonotary: Transmit the record, toget.her with the following information, to the court for entry of a divorce decree: 1. Ground for divorce: Irretrievable breakdown under Section 3301 lc) of the Divorce Code. 2. Date a. b. and manner of service of the complaint: Date: March 31, 1998 Manner: Acceptance of Service signed by Defendant 3. Date of execution of the affidavit of consent required by Section 3301 (c) of the Divorce Code: a. Plaint.iff: July 1, 1998 b. Defendant: July 1, 1998 OR Date of execution of the Plaintiff's affidavit required by Section 33011d) of the Divorce Code and date of service of the Plaintiff's 3301 ld) affidavit upon the Defendant: a. Date of execution: n/a b. Date of filing: n/a c. Date of service: n/a 4. Related claims pending: No issues are pending. All issues have been resolved pursuant to the Marriage Settlement Agreement between the I?arties dated June 30, 1998 which Agreement is to be incorporated lnto but not merged with the Divorce Decree. 5. Date and manner of service of the Notice of Intention to file Praecipe to Transmit Record, a copy of which is attached, if the decree is to be entered under Section 3301(d) (I) (i) of the Divorce Code: a. Date of Service: n/a b. Manner of Service: n/a DR Date Waiver of Notice in Section Prothonotary: a. Plaintiff's Waiver: July 2, b. Defendant's Waiver: July 2, 33011c) Divorce was filed with the 1998 1998 \ . - ~~QUIR' Tnn Ie Road Ca ',PA 17011 Supreme Court ID # 32112 Phone: (717) 737-0100 Fax: (717) 975,0697 Attorney for Plaintiff ~." 0 t,...) C) t::' ~.!..J "-'-1 '\,i i : >0' J , I:" , "' '.:q \1.' I , n 1'<'1 , ! I , , (') I I , ., I .: ) ( ::) I il :"1 ::' ~..!~ I:') , DIANE G. RADCLIFF - TIltNOLE ROAD (,.AM' HILL,'" 17011 (7171737-1)100 IN THE COURT OF COMMON PLEAS OB' CUMBERLAND COUNTY, PENNSYLVANIA WILLIAM D. EDWARDS, Plaintiff v. NO. 9 J'. 1(, {, 7 {/,,",'-f 'r;,.- VICKI K. EDWARDS, Defendant CIVIL ACTION - LAW DIVORCE COMPLAINT AND NOW, thi'tX-w'tv'day of March, 1998, comes the Plaintiff, WILLIAM D. EDWARDS, by his attorney, DIANE G. RADCLIFF, ESQUIRE, and files this Complaint in Divorce of which the following is a statement: COUNT I: DIVORCE 1. The Plaintiff is WILLIAM D. EDWARDS, an adult individual residing at 706 Ohio Avenue, Lemoyne, Pennsylvania 17403. 2. The Defendant is VICKI K. EDWARDS, an adult individual residing at 613 High Street, West F'airview, Pennsylvania 17025. 3. Plaintiff and/or Defendant have been bona fide residents of the Commonwealth for at least six (6) months previous to the filing of this Complaint. Plaintiff and Defendant were married on Aprl1 5, 1986 at West I 4 . Fairview, Pennsylvania. 5. There have been no prior actions of divorce or annulment between the parties. 6. Plaintiff has been advised of the availability of counseling and the right to request that the Court require the parties to .2. participate in counseling. 7. The Defendant is not a member of the Armed Services of the United States or any of its Allies. 8. The Plaintiff avers that the ground on whIch the action Is based is that the marriage Is irretrievably broken; WHEREFORE, Plaintiff requests this Honorable Court to enter a decree in dIvorce, divorCing the Plaintiff and Defendant. Respectfully submitted, DIANE G. RADCLIFF ~ TlllNOlE ROAD CA~ HilL. PA 17011 (717) 737-l1100 .3 - .72;. ~ v f') n ~ p-:s- tC)o-l _o~ :] ()\ - ~ >?~ Q..) -tJ '^ rt- ..{> (") , ': I "" (_r,_:1 v;, ..;.;~ () ",'1 '-,1 :1"., ITI;'l 'Tlf 11 .IC") ( _~ ILl .,l'il ;:Ii ,( J ( jl"!! I ," ._D ..: C) c) '---'1 .,t\ r:) " cr.