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HomeMy WebLinkAbout98-01996 ~ j J .., ~ \,1 \I' ? '\ ) \ \ I i I , ,. / ! / /' ,. ) ~rr- tl ~! - , .~ c) 1 -...>1 0-..1 ~I ....... , ' !' . 6. ~I , , I ~I ! I , .' ...I-t4-~ A j., It'fJ.. ~~' ~1'1. . J ( .q4' tlf '. Iln j f.t; i~"Y/ ~ 1"'- . " "\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 0\1'\010':>\ . \\\\0 al\ \\ "0111'<\"\' \lal\,:>\OI a 01'\':> \0 o a\\ oool.ll'l' "." ,0' ,0 "0.11' ,,,,'f< ~II'" .9' S,.'" .,,0 ,0' "," ,I" \ .us~'~O' "," ,I" ," "" ,II" o.,M" ~ . """ ,.,11" ",N',.o' '0"" I" """.." ,,' . -, "" 0' ,I" . ,\ 01' "", .... 01' \\, \01 al\~ ~':>~~ oo~~. ~~ " . ,.,,00. " .' ,0"''' " ,,,e,,e """ ,.' ' " ,,' '".,~O ,.' ,.e,e",e', "o",e ." o' eV' ooW' "o.lIe e ",,,,e, ' . 0 ",If'" o,,,,e , '0' ,,,,,, '0 '.' . o.lIe ~o"" ", ,0' ",0 '0' ,. 0\ ,:>910 * * b\\O ~ol'l'o. 00 ,000.0' 0' ,.e 0 oe ..,'0" ,I" 0'1'" ,..... . ,II.'"'' e' "", ."e 0 "I'" "0.'" ~o",e " 0' ,,,,,,, ,,,,, ," "'" ,,, \l'J~IO" \,,0 "IOS 'o/'Ia\\Jo a 1.'IOS 9C'i-1\0\l'J\00'<\0 "'i"o ~al' "'i"o ~a ' JIo,\\ll\OI\'1" \ ,:>1.I~~OI\' lJ,. ' 01 s~ol.l,:>a ,11"",0' p"d"" I'" .e"" ,,'. .,,0"" II <0" ,,,,,,0" \ I a~ll'l'ol\'1' 'l\\a\l\ \"ol'l' ol\a\l\ 0100 o . ." "". """ ' · ," ~II. ~." . ,"'" 0",00' , 00 'I"~' ,.,""""' ", . ,.' .,11'" """ ,II , oo""e '0' ,I" dO. , 00\>" ,II' ",," "" " · '" 0'.'\ "", ,. . 'dO",. .".. '0' ",.".' !'(\911\a' 0 oob\ " '0""'" ,0"" "" ",," '00.' 0 ..."\0" l'l'9, 0 ~ac" ~ ~. l\al'l' . \1' ,,\':> 01 "01 oalO aoool.ll\\':> 1'21";-'. \~., \,,\,,\...'~ ~\\...\1'\"\" C\\\'4\' ,'~II'I~\'\ ~\.., \\) \\l\l~ l)i:.\\\\'!l:' ' 0\ \,,\& \ \"6 09\6 \ ell 0 6SS\01\ \\ S \ \l'J"os9 90s11 \ \"6 ~al\'/ I' 961\'/ 0 (\ \l\0\\J\01.l9\ 910 sO\6 el\ ,,~" 9\\000"00 ~'/..,,\b\\ ~161S ol\ 0 ,""0"""'''' " . ,,.." ,II'" " ,.,..""", . ",." .'0.." ",0"" ,II." ",If' ",," ""," · ,II .",.",,0" " , \l.l\'/ al\O ,,," ,..,.,' "'. . ~uS9'~0 .. .,.'." "," ,,,a' ..'" '" "'".. . .. .,,00 · ,. 1"0.." " ,II' ...,.0'" \ ",.., '0" ' ,II ,,,,, .,0. l\ \) \l'J\\\ 10\9,1' ~\.IS?>~~ ) 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. I> >- q ) r;; n: cr; ,,' I , , "'1 "ft' ILl C:J p (or) ,) Cl " 'f'~ U . fi: , , "1 : ~.:: L .. ~-'. '. , :.'.J 0 (,~II ('.1 'I 10 hI' I ,) !t~ LI' t' iI! Ui i ;'t.. ',r. (J... I , (;1.:1 ~j ( I ~:n 'r) Ii l', t'l , II: \~j , I !.f ~ I. !h Ii { ,- co ~ fl; ,'-: 'n. f:~~~ 1-' .. UI(~: C3 ( ) ~;, ) ',- (J,r" ,..., =-a . :~( ,1..,_,- <.~:):::-! r!)i... r "I ::'t'fn tf' 1 -';2 "r. -. ...." :.Il!.iJ fI:~;. r~", (DO.. i- :;.r',; "'i Ll. CO () ~~, Q 1~ to '..... I Co''": Le.: I ("I .. ?:::~ {"'" C2 ),,: ('.' ..,.~ ,- ~.,'f. <.,J-;I (!\I-, . , I ~:1 1'1" ('J ~.l.' ('i'j Ill, I ~---.\ t ' I"" ll.-.' i , :,1' 1(:':-;; i Cl ,diU .., :l~ (i.- 1'. ,'- 01 1.:~ U {'I' d >. CO "'" cr' (-, <..\' <", I~__l .. ;:: ('l [;] (J .t( p',,,- >.; .I~r; .,1'" r~) ft-, ~';:i "', . . I~ ~~:! ?C ~_.lV (...., f() ,L/... I I!,;.; f.'t! ~~i ;:''''' '(~.'inj C) r ..,,:: !{jf,l... IlS en 'j;. ::t"~ <, 0' (.) " 1:'1'1 1;1. ",~. i_: ! '" , I,') (:: .. t,' I. \ \, c'" C' Li