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"\Wpm,mholll.m. Ole #5111.98'111 O<llll,., 1'1,1998
NOW. THEREFORE, In oonslderatlon of these oonslderatlons, and the mutual promises
and undertakings hereinafter set forth, and for other good and valuable oonslderatlon, receipt
and sufficiency of whloh Is hereby acknowledged by each of the parties hereto, HUSBAND and
WIFE, each Intending to be legally bound, hereby covenant and agree as follows:
1. Advice of Counsel: The parties hereto aoknowledge that each has been notified
of his or her right to consult with counsel of his or her choloe, and have been provided a copy
of this agreement with which to oonsult with counsel. WIFE is reprosented by Carol J. Lindsay,
Esquire, and HUSBAND, has been advised that he rnay be represented by oounsel of his choloe.
Each party aoknowledges and accepts that this agreement is, In the circumstances, fair and
equitable, and that it Is being entered into freely and voluntarily, after having received such
advice and with such knowledge as each has sought from counsel, and that execution of this
agreement is not the result of any duress or undue influence, and that it Is not the result of any
Improper or illegal agreement or agreements.
2. Divorce: The parties agree to the entry of a Decree in Divorce. The parties will
execute on the date of this Agreement Affidavits of Consent and Waivers of Notice under
Seotlon 3301 (0) of the Divorce Code, consenting to the entry of a Decree in Divorce.
3. Personal Property: The parties acknowledge that they have eqUitably and
satisfaotorily divided all of their personal property, and that all personal property shall be the
2
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C:lwp"I,l"'ltonlm.. me #l71 ).C}s.QJ OClowr 19,19')8
liAble, and will Indemnify and hold the other harmless for any debt so Incurred. The parties will
equal divide the 1998 taxes for the Mobile Home,
6. Exchange of Information: The partlas have requested from each other and
received any information regarding their assets, liabilities, income and expenses which the party
requires prior to entering into the terms of this Agreement. The parties aCknowledge that the
terms of this Agreement are fair and equitable and oonstitute an equitable distribution of marital
property and debt, taking Into acoount all of the relevant/actors set out in Section 3502 of the
Divorce Code, 23 Pa, C.S. ~3502 Including the length of the marriage; any prior marriage of the
parties; the age, health, station, amounts and sources of Income, vocational skills,
employability, estate, liabilities and needs of each of the parties; the contribution by each party
to the education, training or increased earning power of the other; the opportunity of each party
for future acquisitions of capital assets and Income; the sources of income of both parties,
inclUding but not limited to, medical, retirement, insurance or other benefits; the contribution
or dissipation of each party in the acquisition, preservation, depreciation, or appreciate of the
marital property, including the contribution of a party as homemaker; the value of the property
set apart to each party; the standard of living of the parties during the marriage; the economic
circumstances of each party inClUding federal, state and local tax ramifications at the time of
the division of the property, and whether the party will be serving as custodian of any
dependent minor children,
4
c:lwp.llll.trilonlms.' m. Nl711.98.01 0010001 111,1991
7. Modification: No modification, rescission, or amendment of this agreement shall
be effeotlve unless In writing signed by each of the parties hereto.
8. Applicable Law: All acts oontemplated by this agreement shall be construed and
enforced under the laws of the Commonwealth of Pennsylvania.
9. Agreement Binding on PartIes and Heirs: This agreement, except as otherwise
expressly provided herein, shall bind the parties hereto, and their respective heirs, executors,
administrators, legal representatives, assigns and successors In any interest of the parties,
10, Agreement No~ to be Merged: This agreement shall be Incorporated into the final
deorea of dlvoroe of the parties hereto for purposes of enforcement only, but otherwise shall
not be merged Into said deoree. The parties shall have the right to enforce this agreement
under the Dlvoroe Code of 1980, as amended, and In addition, shall retain any remedies In law
or Inequity under this agreement as an independent contract. Such remedies In law or equity
are specifically not waived or released,
11 . Documents: The parties hereto agree that they will execute and deliver one to the
other any documents necessary to give effect to the terms of this Agreement.
12. Fullllnd Final Sattlement: WIFE and HUSBAND each do hereby mutually remise,
release, quitclaim and forever discharge the other and the estate of such other, for all time to
oome, and for all purposes whatsoever, of and from any and all rights, titles, interests or olaims
in or against the property (including income and gain from property hereafter accruing, of the
5
"lwp'llp"I,oolm.. moNml.98.01 Outoho, 19,1998
other) or against the estate of suoh other, of whatever nature and wheresoever situate, which
she or he now has or at any time hereafter may have against suoh other, the estate of such
other or any part thereof, whether arising out of any former acts, oontracts, engagements or
liabilities of such other, or by way of dower or courtesy, or claims in the nature of dower or
courtesy, or widows' or widowers' rights, family exemption or similar allowance, or under the
intestate laws, or the right to take against the spouse's willi or the right to treat a lifetime
oonveyance bV the other as testamentary, or all other rights of a surviving spouse to partloipate
In a deceased spouse's estate, whether arising under the laws of Pennsylvania, any other State,
or any other Country, or any rights which either spollse may have, or at any time hereafter
have, for past, present or future support or malntenanoe, 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 whloh may arise under this Agreement or before the breaoh of any 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, exoept and only
except, all rights and agreements and obligations of whatsoever nature arising or whloh may
arise under this Agreement, or for the breach of any thereof, subject, however, to the
Implementation and satisfaction of the condition precedent as set forth herein above.
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