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Home My WebLink About98-01938 ~. 01 ..., ~ tI 4 ;21 '" " ,~ '\ \ , , ~ o III ~ CJ -) \ \ \ \ i ) ~I \~ -;-.. , .':) (jl I ~ "J ~' ......1 . ! c... ,I ~ 2. PURPOSES The purposes of This Agreement are to effect a complete and final settlement, between the parties as to their property rights and obligations to support each other. J. WARRANTY OF FULL D1SCLOSlIR.: Each party represents that he or she has fully disclosed to the other party all marital and nonmarital assets, as defined by the Pennsylvania Divorce Code. Each relies on the dise/osures of the other party in entering into this Agreement. The parties also /lcknowJedge that they hdve each had an opportunity to value or have appraised /lny and all property. In the event that it shall be determined that either party has tailed to disclose any property su~iect to distribution pursuant to the laws of Pennsylvania, such failure to disclose shall not nullity, void or cause this Agreement to fail, but the aggrieved party shall have the right for a period of six months from the date of the discovery of the assets to seck a judicial distribution of such omitted property. Should the aggrieved party have negligently failed to discover undisclosed asset&, the six months shall begin to accrue at the time a reasonable person would have made a discovery. 4, NO INTERFERENCE It is, and shall be lawr,lI for the parties hereto at all times to live separate and apart from each other ani to reside from time to time as such place or places as each of such parties may S,1e fit and to contract, carry on and engage in any employment, business, or tradt, whie!, either may deem fit, free from control, re,qtraint, or interference, direct or indirect, by the other in all respects as if sllch parties were sole and unmarried, Neither party shall in ally way molest, disturb, or trouble the other or interfere with the peace and comfort oCthe other or compel or seek to compel the other associate, cohabit, or dwell with him or her by any action or proceeding for restoration on conjugal rights or by ally means whatsoever, 5. BANK ACCOUNTS The parties aCknOWledge and agree that ail money has been divided by the parties satiSfactorily and neither party shall make any claim to any such account or money currently in the possession of the other. 6, HOUSEHOLD AND PERSONAL PROPERTY WIFE shall receive the staingJass dining room light at such time as she desires. It shall be in the possession of HUSBAND lIntil such time, HUSBAND shall do nothing to impair its value, 2 B HU,",N"" obli""IOO ,h.iI '" "'0"" by · Mort"" .."" by both parties that encumbers the rea' estate, The related Note shall be signed by H\lSBAND, The Mortgage and Note shall be in the form attached hereto al1d labeled as Exhibits A and B respectively. W \ FE shall continue to hold joint title to the real estate until reflOancing is obtained or she rec.eives full payment, whichever occurs first. ,. .ENSlON, RETIREMENT AN" OTHER EM.LOVEE BENEFITS HIl.BAN" ", WIFE do h""'" woI" '" ,,01 ,Ii n.'" that """ "'. with """,,, to ,'" 0'''''' ,,,,Io~ ." I"m"'" oth. "",10'''' "",,,,,, "d IR' accounts, if any, 10. HUSBAND'S BUSlNESS WIFE "I"", ,," 'ot"", that .h' .., ho" '0 '" of HU'BAN"" business assets, the said business known as Jackson's Landscaping, HU'BAN" ,h,iI ,,',"0'" ,'" ~,..Io, mort".' ,,"om""'OS ,Ito ..""01 ,,",,,,,,, .. ",,'hOod '0 ,.,,~,.h . .bo'" ,,,,dio. ,",h ",,,,"'0' ho .h.iI b' responsible for all payme.nts due on the existing mortgage, HUSBAND shall refmance the House,hold Finance debt into the neW """..., mol ..iI b' ""oo,lbl' f'" ,'" ..,...ot of '" "m,;oIOS b,l- ""'" on It. WIFE ",oil ,"0"'" ".,."."'" f'" ,h' f.ilow'o, ,,_to MD"' Chase. and Bank America. If H IISBAN"" 1"""0' ,,,""'00 ",0"". .. , ,ooditl"" .f ,,0""""" ,ho' HU'BAN"" 00"'" ho '''''''''' Oom "to ,,,,,,,0" ","mod by WIFE. 'h'" WIF' ""Ii """, . ,ood ""h ,It""'.' '0 '0 '" by ,it"" ,,0"00'" tho ,000"," '" ,.,.OS ,""" " foli. " '" ,no< '0 H U'"' N U" "11,,,"'0, "It''''''''' Tho "rt'" ogt'" ,hot .. of ,'" .,0'0' of ,hi, ,,,,-" tho, ,hali 00 10"'" .0""''' .'" ;o'ot _"it ,,,d. ", ",h w'iI "k' ,h' 0,00"'" .."" to cancel any credit card accounts which presently exist in joint nallles, Uol'" oil"..I" .'",,,, "",'0. ",h "rt, ",om" th' """It. ",_,,,,_, '''''' ,od Ii'" 00 ,iI ".., ""h "" ,.hi ,,"'''''''''' to ,h' dot' of separation, B"h ",., .h,1i ,,,,,,,,wry ,,01 Imld ,'" 0''''' h.onl"", "d ,,'mb""" ,'" ,,"" fo' otto"'" f'" ,,,,,It'o, 'om , "",,,h of ,'" of ,ho '''''''' of ,hi' paragraph, \1, M,\1U'TAL DEBTS 4 he or she now has or at anytime hereaner may have against such other, the estate of such other or any part thereof: whether arising out of any former acts, contracts, ensagemenl9 or liabilities of such other or by way of dower 01' curtsey of 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 othlll' as testamentary or all or other rights of the surviving spouse to participate in a deceased spouse's estate, whether arising under the laws of Pennsylvania, any state, commonwealth or territory of the United States, or any other country or any right which either pafiy may now have or at anytime hereafter have for past, present or future support or maintenance, alimony, alimony pendente lite, counsel fees, costs or expenses, whether arising as a result of the marital relation or otherwise, 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 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 ofany provision thereof 20. MUTUAL COOPERATION HUSBAND and WIFE shall mutually cooperate with each other in order to carry through the terms of this Agreement, including but not limited to the signing of any documents that may be reasonably necessary to give full force and effect to the provisions of this Agreement. 21. TAX CONSEQUENCES By this agreement, the parties have intended to effectuate and by this agreement have equally divided their marital property, The paliies have determined that such equal division conforms to a right and just standard with regard to the rights of each party. The division of existing marital property is not, except as may be otherwise expressly provided herein, intended by the parties to institute in any way a sale or exchange of assets and the division is being effected without the introduction of outside funds of other property not constituting a part of the marital estate, 22. TAX RETURNS AND AUDITS HUSBAND and WIFE represent that all federal, state and local tax returns required to be filed by HUSBAND and WIFE have been filed, and all federal, state and local taxes required to be paid with respect to the periods covered by such returns are paid. HUSBAND and WIFE further represent there 7 lire no tux det1<liollcies plllll<lsed m uS!lessed ugainsl H IISIIAN I> and/or WW.: Ihr such periods, Hlld neither IIlISIJANIl nm W"".; cxeCllted any waiver of the Stalute of I,imitalions onlhe assessmenl or colleclion of /Illy tax flJr such periods. 23. 'I'AX.:S "'OR YUN ()II' f)lVONn: The parties shall t1le a ,joint lax return Ihr 19lJll, The total obligution for 1998 shall be divided between purties hased on his ()J' Iwr pm-ratil share of the taxable "lcome; however, WWF, shall not be entitled to rcimbursement li'om H (JSIIA ND monies thai nhe has ulready puid 10 the respective tax uuthorities. H lJSBAND shall be <l/ltitled to uny refund received, 24.I'RESERVATlON 0.' RECORDS Each party will keep and preserve for a period of four (4) years from the date of divorce all t1nancial records relaling to the marital estate, and each party will give the other party immediate access to these records in the event of tax audits. 25. BANKRlJPTCY The respective duties, covenants and obligations of each party under this Agreement shall not be dischargeable by bankruptcy, but if Rny bankruptcy court should discharge a party of accrued obligations to the other, this Agreement shall continue in full three and effect thereafter as to any duties, covenants and obligations accruing or to be performed thereafter. 26. AGREEMENT BINDING ON HEIRS This Agreement constitutes the final agreement of the parties and is binding upon their heirs, assigns and Successors in interest. 27. EFFECT OF RECONCILlA TlON OR RECONCILIATION ATTEMPT The Agreement will remain in full force and effect even if the parties affect a reconciliation, cohabit as Husband and Wife 01' attempt to etfect a reconciliation, This Agreement shall continue in full force and effect and there shall be no modification or waiver of any of the terms hereof unless the parties in writing, signed by both parties execute a statement declaring this Agreement 01' any term of this Agreement null and void. The purpose of this paragraph is to promote a reconciliation between the parties, promote marital harmony and discourage either party from reconciling with the other party so as to obtain monetary benefits. Further, the parties hereto acknowledge that legal ellect of a reconciliation and that they have given due consideration to such matters and questions, and that each party undelwaist into 8 LESA SHUMAN JACKSON, a/k/a LESA JO JACKSON, PlainUff I'N 1'lm COUIlT O~' COMMON "I.I~AS . . . . CUMn~;IlI.AND COUNTY. PENNSYLVANIA vs. 1,ARRY E. JACKSON, befendant CIVIl. DIVISION NO. 96-1938 CIVIL TERM : PRAECIPE TO TRANSMIT ~ECORD To the Prothonotary: T::ansmit the record, together with thfJ following information to theoourt for entry of a divorce decree: 1. Grouud for divorce: irretr.ievable breakdown under 53301(c) llB>>JqltlJ'IJ of the Divorce Code. (St['ike out inapplicable scotirm). 2. Date and manner of service of the complaint: ~~rtified -----..rfUl.~ili!!!Lon April 13 LJ.99B~____,____,... 3. Complete ei ther paragraph (a) or (b). (a) Date of execution of the affidavit of consent required by SnOl(c) of the Divorce Code: by pl.aintiff JanuarY-1",-1999 by defendant: .o1i\,!}uary 4 L, 1999 (b)(l) Date of execution of the affidavit required by S3301(d) of the Divorce Code: __ _________: (2) Date of filing and service of the plaintiff's affidavit upon the r03sPDndent: 4. Related claims pending: None -. "--r-- 5. Complete either (a) or (b). (a) Date and manner of ser.vice of the notice of j,ntention to file praeCipe to transmit record, a copy of which is attached: ______ (b) Date plaintiff's filed with the Prothonotary: Date defendant's filed with the Prothnnotary: --- Waiver of Notice in January 12, 1999 Waiver of Notice in January 12J999_ 53301(c) Diverce was 53301(c) Divorce was .~J/[ <,~//>.-J . -- Attorney for (Plaintiff)J(~~!ll 9. Neither Plaintiff nor Defendant is in the military or naval service of the United States or its allies within the provisions of the Soldiers' & Sailors' Civil Relief Act of the Congress of 1940 and its amendments, 10. Plaintiff requElst.s the court to enter a decree of divorce, WHBRIFORl!:, Plaintiff respectfully requests that your Honorable Court grant a Decree in Divorce to her, also any other. appropriate relief. r1L/'l~/IA __ Richard L, Web~r~ Attorney for Plaintiff 366 Green Spring Road P,O. Box 40 Newville, PA 17241-0040 (717) 776-6566 LESA SHlJMAN JACKSON, alkla LESA JO JACKSON, PLAINTIFF IN THE COURT OF COMMON PLEAS m' CUMBERLAND COUNTY, P.:NNSYLVANIA V, LARRY E, JACKSON, DEFENDANT NO.98.1938 CIVIL TERM IN DIVORCE AFFIDA VI'f OF CONS.:NT I. A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed on April 8, 1998. 2, The marriage of Plaintiff and Deflmdant is irretrievably broken and ninety (90) days have elapsed from the date of filing the Complaint, 3. I consent to the entry of a final decree of divorce after service of notice of intention to request entry of the decree, I verifY that the statements made in this Aflidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pac C, S. Section 4904 relating to unsworn falsification to authorities, Date: /- 17-19