HomeMy WebLinkAbout98-02021
.
, .1
,
'." .,
< "c)
.......
'(
~
u
~
~
.....
"
~
u
~
,
,
---,-....
'"\,.-
\
\
'.
,
,
I
,
l
/
,
,
('
~
//
,
I
I
I
!
!
I
I
,
I:
.....
.
..
.::)
..
'-.!
.....
'1
11
~
~
,.
"
"
C~~y
fQs.'l'NO'PTIAL ~GREEMENT
/' /~
'; ,It,.. J. /
Made and concluded this __ day of /;,I),''''::Z-=--,
19~, by and between Edward J, MCNeal, (hereinafter referred
to as HUSBAND),
-AND-
Mary Ann MCNeal, (hereinafter ref.erred to as WIPE) .
WITNESSETH:
II
I'
I
I
,
II
,
I
WHEREAS, HUSBAND and WIFE are the natural parents of two
(2) minor children, namely Ryan McNeal, and Edward MCNeal,
born November 7, 1986.
WHEREAS, unfortunate and irreconcilable differences have
arisen between the parties by reason of which continued
cohabitation as hUsband and wife has been rendered impossible,
I,
';
WHEREAS, the parties have made full disclosure to each
other of their assets and liabilities, and have agreed on a
settlement of all property rights and differences existing
II
II
II
II
:i
II
'I
I,
il
between them;
and
/)!.{ ;:.)/'\7f- ....,J
I . I ~)
,f': /i't.. !
l.
.
"
'I
II
11
ij
"
I
,I
II
II
,I
'I
WIIEREAS, it is the desire of the parties, after long and
careful consideration, to amicably adjust, compromise and
settle all property rights and all rights in, to or against
each other's property or estate, including property heretofore
or subsequently acquired by either party, and to settle all
disputes eXisting between them, including any and all claims
. for wrFr:' S and/or HUSBAND I S maintenance and/or for spousal
support, alimony pendente lite, alimony, counsel fees and
expenses, custody and equitable distrihution; and
II
il
q
WHEREAS, the parties intend this Agreement to be a full
and complete Postnuptial Agreement, providing for the absolute
and final settlement of all their respective marital and
property rights and claims for spousal support, alimony
pendente lite, alimony, counsel fees and expenses, and
equitable distribution of muital property.
;1
NOW, THEREFORE, for and in consic:lflration of the mutual
';
d benefits to be derived by the parties and intending to be
I
I legally bound hereby, the parties hereby covenant and agree as
i
II
::
I
II
:1
"
II
!I
follows:
?l'l&. /'/1,..., '"'l \,4
,bAtt, ?JJ.l-1
2
,i
,
"
:1
"
"
'I
1
II
.!
4, One-half (1/2) the Shaffer Trucking retirement
aCCOunt or profit sharing plan,
5, On'-h"f (1/21 '.rk.t V"u. of "Clur. Comp.ny
PrOfit Sharing Plan as of January 31, 1996,
6. One-ha.lf (1/2) va.lue of Savings at time of
'I
1
II
:1
I
'i
II
I
!
;/
separation,
HUSBAND .h." h.v. '01. righ', of pO""'ion. 'itl. 'nd
ovnor.hip to tho fOllo'ing P"OOn" prop"ty and "FE d".
h,r'by v'iv. 'nd r"inqui.h 'ny 'nd "1 right .h. h.. or ..y
h.v. to ".i. .ny int,r.., or 'har. in .aid fOllo.ing P'r'onal
property:
1. 1987 TOyota 4 Runner
2, One-half (1/2) of all personal property and
"
'I
:/
II
i'
I
forni 'hing. Of tho marr "g. Pot parti" mu t u" agr"ment
It tho parti.. "nnot "anh . mutUal agro.m.nt 0" .
divi'ion Of thi, pr'p,rty, tho P'rti.. .gr.. to m..t vith
a mediator to do so,
'.
"
3. One-half (1/2) the Shaffer 'I'rucking retirement
aCCOunt or profit Sharing plan.
4. On'-h',f "/2, .'rk" Value of .'Clur. Company
PrOfit Sharing Plan as of January 31, 1996.
S. One-half (1/2) value of Savings at time of
"
"
"
,
}
separation,
.
i
,
,
(., "') 01, - /' ^ \ '..' fe,' , ~:." /) / ^ I. / / /)
" 4' .'. , I ; '/";'1,' "/'! h>:_,.
.J:} IE,,,,~) 71f.~?;tg',
/?1 /1 Y ,';')"
'J;( ~'ll1 L/ILt ,.
~':jJ)
,\
,
Ii
"
II
i
,
I
I
i
I
I
,
I
II
:1
,I
I
I
I
1
I
"
"
"
'I
:!
:1
Neither p~rty shall make any claim to any items of
marital property, or of the separate persona.l property of
either party, which are awarded to the other pursuant to the
provisions of this Agreement or whi.ch are now in the
possession and/or under the control of the other, Should it
become necessary, the parties each agree to sign, upon
request, any titles or documents necessary to give effect to
this paragraph.
Propeny shall. be deemed to be in the
I,
I'
;1
i/
Ii
'I
'I
,I
"
'I
possession or under the control of either party if, in the
case of tangible personal property, the item is physically in
the possession or control of the party at the time of the
signing of this Agreement, and in the case of intangible
personal property, if any physical or written evidence of
ownership, such as passbook, checkbook, policy or certificate
of insurance or other similar writing is in the possession or
control of the party,
froSBAND and WIFE do hereby waive and forever release any
interest or right either may have to make any Claim against or
"
!I
II
to assert any interest or right to or in any retirement plan,
pension plan, profit sharing plan, or other employee benefits
of any nature or type earned or provided to the other,
,1J1!:-l1l :1. 1 ~
/-3/!'((; (J-' <LJ
'I
,
!
"
,
:,
'I
:1
'i
5
,
'I
' -
0
il
,I
'I
,
"
.I
"
1/
:1
"
,
Ii
,
I
:j
,
;j
:0
'I
0
:,
, '
2, Real prooerty: The parties hereto agree that the
marital residence shall be listed for sale with a realtor and
shall be sold.
Both parties agree to make all reasonable
efforts to sell the home at an optimal price. Upon the sale
of the residence, all net pr.oceeds or losses shall be shared.
Both parties will be equally responsible for any capital gains
. or other tax consequences resul ting from the sale of the home.
3, CUS'l'ODY OF MINOR CHILDREN: HUSBAND and WIFE agree
that HUSBAND/FATHER and WIFE/MOTHER Shall have shared legal
custody of the parties' minor children. "Physical custody" as
!I
used herein shall mean actual physical possession and control
of a child.
"Legal custody" as used herein shall mean the
"
;1
o
I
I
1
,
legal right to make major decisions affecting the best
interest of a minor child, including maj oz: medical, religious
and educational decisions; educational decisions shall be
defined as those decisions directly related to or affecting
,I
the academic performance of a minor child in the classroom.
In thA event the parties hereto cannot agree on these issues,
o
'0
I
i
both parties agree to consult wi th a professional counselor to
mediate and resolve any
disputes. "." '),/( . 'ex't(,l,
1)"'// ~-.iD
L/'<'< .()
II
i;
"
- -I
,I
II
'0
6
1
,
"
"
I
o
I,
, "
,"
I
I
I
I
I
i
I
I
,
,
I
I
I
I
I
I
,
i
I'
'!
I
-I
'I
il
Ii
~ i
I
I
I
I
,
,
,
"
,
..~ ./
.., A, 6" fig_f'" '.,; 1.')","'.";;' <.j ,> ''I'';' . I..,"~/ I / 1/ /,
~/T "-' ~.. 7/:,:~: .,' .l,',:~" IA'i'fl~,,-_, '
N ; /-j ,t:;. f~~ loll', ~,I/<',.... h '"~ ....j" "'..../ l-/ ,,. ':,j(':; ,;', ," j C~;';J
)'I/1u11.~O.....- ()~/J, l"lIA.J1"/'t~.I;~<_(/ Y~:'~\./.~',!.. ~ , .
, ,?!7(~1. ' . )';/t'L.
'fy'3 ~
2. Mother's Dav. Father's Dav and Paret)t'll
Birthday: The children shall be with Mother on Mother's
Day and on Mother's birthday and with Fathe~ on Father's
Day and on Father's birthday,
), N~w Years Dav: The children shall be with
Mother for New Years Dayan even-numbered years from New
Year's Eve at 6:00 p.m, to New Years Day at 7:00 p.m,
commencing 1996. The children shall be with Father on
odd-numbered years from New Year's Eve at 6:00 p.m. to
New Year9 Day at 7:00 p.m., commencing 1997.
4, easter: The children shall be wi tho Father
for Easter Sunday on even-numbered years from Saturday
preceding Easter at 7:00 p,m. to Easter Sunday at 4:00
p.m" co~encini 1996. The children shall be with Mother
..,
for Easter Sun4ay on odd-numbered years from Saturday
preceding Eastet at 7:00 p.m. to Easter Sunday at 4:00
p,m" commencing 1997.
5. Thanksqivinq: The children shall be with
Father for Thanksgiving Dayan odd-nUmbered years from
Wednesday preceding Thanksgiving Day at 7:00 p,m. to
Thursday at 7:00 p.m., commending 1997, The children
}/(;'/J~d'$~.
B
" "
., 'I
I
I
,
I
I
I
l
~ J
l
1
!/
I
shall be with Mother for Thanksgiving Day on even-
numbered years from Wednesday preceding the hOliday at
7:00 p.m. to Thursday at 7:00 P,m., COmmencing 1996,
6,
fu\liQween:
'rhe children shall be wi th
Fat.her for Halloween on even-numbered years between 6:00
p,m, and 8:30 p,m. commencing 1996. The children shall
be with Mother for Halloween on odd-nUmbered years
between 6:00 p.rn, and ~:30 p,m, cOllunencing 1997,
7, M~morial Da~: The children shall be with
Father for Memorial Day on odd-numbe~ed years from 10:00
a, m. to 7: 00 p, m. commencing 1996, The children shall be
with Mother for Memorial Day on even-number'ed years from
10:00 a,m, to 7:00 p,m. commencing 1996,
8, ~ndeDendence Day: on even year wi t~ MO~~)i:,~ '
Day in odd years with Mother} eX(~.,/,,1- /1'1 '7, 3.313
9, Should Mother or Father be Working dunng
the specified hOlidays, the parents shall mutually agree
Labor
to work together to enable the children an opportunity to
share the holidays with each parent.
10, If the CUstodial parent for the particular
hOliday has no travel plans, all efforts will be made for
the other parent to visit with the children on that
partiCUlar hOliday'1')")! 711 L/I.;:,..
. // { . 7\~.13
9(/
1/
I
I
I
I
I
,
,
I
I
I
I
I,
'I
II
II
:1
c,
Otber: Such other times as the parties may
hereinafter agree,
d. Harassment or Illterfeil~: The parties further
agree that they will not utilize the right of custody or
visitation in order to harass or interfere with the
other's right to live and remain separate and apart. from
each other and are mutually restrained from speaking
derogatory about the other parent in the presence of the
child, In the event that either party utilizes custody
or visitation rights to harass or interfere as
hereinabove described, the parties expressly agree that,
in addition to all other legal and equitable remedies
available to them, they may make immediate application
with a Court of appropl"iate jurisdiction to pursue
appropriate judicial remedies for said harassment or said
interfet'ence.
e. Ent;rv of Court Order: HUSBAND and WIFE agree to
the entry of a Court Order of Custody in accordance with
the terms and provisions of this Agreement by a Court of
competent jurisdiction,
f. Other Custodv Riqhts,: In addition to any
provisions which may be contained herein regarding
custody rights set forth hereinabove, each party shall
10 11t-~.::&~
i
!
II
I
i
I
1\
,
have th~ following rights with respect to the children:
1;oasonable telephone calling privileges from 6115 p,m, to
8:00 p.m, . provided that each party may exercise his or
her telephone calling privileges a maximum of two (2)
nights per week; access to report cards and other
relevant information concerning the pt'ogress of the
children in school; approval of extraordinary medical
and/or dental treatment except in the case of an
,
I
1
I
I
1
,
II
I
,!
I
I
I'
1
"
'I
i
emergency and provided that such approval shall not be
unreaso~ably withheld,
Each of the parties agree to
provide the other with their address and telephone
numbers, and to advise of any change thereof within ten
(10) days, and to provide travel itinerary if taking the
children on vacation.
.I
:\
I
,I
:1
g. Illness of Child 1 In the event of any serious
illness of the children at any time, the party then
having physical custody of the said child shall
immediately communicate with the other party by telephone
or any other means, informing the other party of the
nature of the illness, During such illness, each party
shall have the right to visit the child as often as he or
she desires, consistent with the proper medical care of
Ii
,I
II
I
II
I
1\
I'
,
I'
I
;1
child, ,'')1iA ';71 ,;f;/l v..
;tr' 21~~
11
the
..
, ;-:;',1/."-,,,. jAj,l! /;,^.,;,I;)("/r~""I""/;'))~" '/11. iI.;', h
! -Me 11~,-Ij~,- .4",.,_ "C'.1 41.. t/" """I( //"'.(,,-k,:,~,::;'i,..:, ,j'
-/-1.>& F:cll ~("'il"V(' ,f:.,;j (If,!L..,I ;li!";/,!,, ,.,/,;/ /" /1 /, --b.1, : 1 ~
I. J ..) . f/{.;!,;,.l-Jtiv(j'
t.v..,U a.1,,1,_~ "-<""'."'V(' '/>,.' (,/.,1./1""" ";'''';.<:/',.,/1 /",,/- 1. cJ.
(l1/.~A /(!J.'/!";fr-:f:,rp"; 'J ,/,: /..1,., '.'~, I.",/,. ',C.I I'{" II.. I('J ,fA"....; 6""~;: ~
"i1.::,uj..rll'h. 1UnscortatiQJ1' Tt'anspcrcation sharI be shareci/ '
(,D~ the p~~e~~t
i. 90th parents agree to reside within or within a
reasonable distance. of the Ea~t Pennsboro School
N~
t/1)/
~
District, and if either parent must relocate out of this
agreed area, the moving parent agrees to relinquish joint
physical CUG~ody, the children will remain in The East
Pennsboro School
District~and negotiate a new custody ,
co ,11; /"IJ~' /',; ,-'",',, /".",.."./ JJIt.:J;t
".I,.i<, ", J,Jj, ~. \
,I"J.... I".'~V~'.'\ I'/, L~ '''>''$
shall be entitled to claim Ryan a ,
arrangement.
j. HUSBAND
dependency exemption for Federal, State and Local income
I
I
I
I
I
,
I
II
,I
,
tax purposes for 1996 and all future years and WIFE
agrees to execute any forms or acknowledgement required
by the tax authority to provide HUSBAND with said
dependency exemptions for said years,
WIFE shall be entitled to claim Edward as a
dependency exemption for Federal, State and Local income
tax purposes for 1996 and for future years and HUSBAND
hereby agrees to execute any forms or acknowledgements
required by the tax authority to provide WIFE with said
-'J'113
dependency exemption for said years, jfvt'::J!t ~ ()
-';;""'r''''"''''''j 1::':'.!.'!.'":4L"';,, .4:. ,,- ";"c<.../! ,o/~;' . ;:
r- ",'..,.( ,. .. ""1 . L' c' 1.
~.~., ~V~ ..e."'"-.
~";/I,..,f.i<:- ~.::".~,,/c~:'<,-I -/ruc~. dlJ':.~71 7', 7.,:-...1- /)"7,~):c>4.1
c~t<shJ7. :J-.f C.'I:.!!"",: / 'i'i.'~,,1- "'~/'?"nl" /o,.--=/-'
I ./,' J j ",' I'" J j.J .l /' . / / I'
/'''7' ,,,....' ,:,~ 5 "~J ".. 'c. ,I, ". ' ~ '~J 7',"-,., j,~ I"C~,/I ''''''''''1'""
7;.fI'/""~/?<""'.Js ',/(~/~4'11 <,J~:" :7J,:--ilc}'LI ~,,",rhJ't .,-' ,
),"""6 (!.'fMs -h~ c!:'{:/.,', L':", I ':.j /..(/'<':' )~,~:.J 11lf41'l tlbt,,'A'j'1
"
"
"
,I
I
I
I
I
"
'I
" ..
. ,
"
,
. .
,
,
II
;1
,I
"
"
:1
I
'I
I
I,
'I
[/
II
~ I
"
!l
,',
,
,I
k, HUSBAND and WIFE agree to continue to provide
such heal th insurance for the two (2) children as is
currently provided to HUSBAND and WIFE by HUSBAND'S and
WIFE'S current employer, and agree to be equally
responsible for medical coverage for the children,
~ I
i
!I
11
I
1
4, I:2ID;\TS AND INDEMNIFICATIQt;!: HUSBAND and WIFE
represent and warrant to each other that except as provided
herein, neither one has contracted since separation OL" wlll in
the future cont:act any debts, charges orl liabilities
whatsoever for which the ot.her party or their property or
their estates shall or may be or become liable or responsible,
and they covenant that they will at all times keep each other
free, harmless and indemnified against and from any and all
debts and liabilities heretofore or hereafter contracted or
!I
II
il
incurred by the other, except as expr~~sly provided in this
Agreement,
HUSBAND agreas to timely pay and be solely responsible
for, and to indemnify and hold harmless WIFE from liability on
the fOllowing debts:
,
il
'I
.,
1. One-half
(1/2) of the Hughes Federal Credit
!I
Union balance (balance at $800.001);;,1 /' t);l ".,;/X{{,
;/1(. I' b$i)
:1
'I
il
'I
13
"
.'
each party r
J!/Il)~ /;/:,((:1
A'~ d9' I
~ '1
'!I
.
, I
2,
One-half (1/2) of the !',:~;'.,...I:.' 1/.;;.
/1/1;-\&3""
credit
card balance (Balance at
$1,000.00) ,
t' ", ""!<l.
O'JP
I
I
:1
I
I
I
i
I
I
WIFE agrees to timely pay and be solely responsible for,
and to indemnify and hold harmless HUSBAND from any liability
on the following debts:
1, One-half (1/2) of the Hughes Federal Credit
Union balance (balance at $800.00)
2. One-half (1/2) of the (;:.1,/'",,(
card
)1, '."
balance (Balance at $1,~0?;OO):lfi A'I/;t.",L.ACc
3. Lease Agreement entered r~to January of 1996.
credit
il
,I
..
II
I
I
I
I
'I
t'
!I
,
5, HAIVER OF RIGHTS AND MUIVAL RELEASE: The parties
hereto have been :informed of their rights by their respective
counsel under and pursuant to the Divorce Code, Act of April
2, 1980, Number 1980 - 26, particularly the provisions for
.'
alimony, alimcny pendente lite, equitable distribution of
mari tal property, counsel fees or expenses.
Both parties
agree that this Agreement shall conclusively provide for the
distribution of property under the said law and hereby waive,
release and relinquish any further rights they may
respectively have against the other for alimony, alimony
pendente lite, ec,,-uitable distribution of marital property,
,
I
:1
il
II
II
'I
I
I
I
,
I
I
counsel fees or expenses,
From the date hereof,
14
, .'
i
n
,
"
d
may acquire either personal or real property in their own
name. Any property so acquired shall be owned solely by that
part~' and shall not be subject to any claim whatsoever b~' the
other party,
'i
"
II
,/
Subject to the provisions of this Agreement, each party
;1 has released, discharged and, by this Agreement, does for
q
,
,
'I
himself
legal
or hel:sel f ,
and his
her
heirs,
or
:i
representatives, executors, administrators and assigns,
,
'f
:1
I
I
I
,
release and discharge the other of and fI'om all cause of
actions, claims, rights or demands whatsoevel:, in law or
equity, which either of the parties ever had, now have, or can
"
:
!
have at any time against the other, specifically including
rights or claims to spousal support, alimony, alimony pendente
lite, counsel fees and expenses, and equitable distributidn of
marital property, except for any cause of action for divorce
:1
I
il
il
from the bonds of matrimony and any cause of action for breach
of any provisions of this Agreement,
,i
"
I
The parties hereto expressly relinquish and waive any and
all rights that they may have now or in the future to claim
and/or obtain spousal support, alimony pendente lite, alimony,
counsel fees and expenses or equitable distribution of
"
Ii
:;
"
"
I,
property ~A / ~I-~":f p
f/l/;\J7l rc:,&
()' ~
15
,
;1
:!
.1
'.
il
I
I
,
I
I
,
I
I
I
1
II
!/
I
I
1
!
,
I
I
I
"
I
I
This Agreement is not intended to be nor shall it be
construed or deemed to be a release or waiver of any right
WIFE or HUSBAND may have to claim, assert or obtain social
security benefits to which either may be ent.itled by virtue of
the marriage relationship between HUSBAND and WIFE.
6,
}ZSTATE
RELEASE: Except
as herein otherwise
provided, each party may dispose of his or her property in any
way, and each party hereby waives and relinquishes any and all
rights he or she may now have or hereafter acquire, under the
present or future laws of any jurisdiction, to share in the
property or the estate of the other as a result of the marital
I
II
11
I
,
relationship, including without limitation, dower, courtesy,
statutory allowance, widow's allowance, right to take property
under equitable distribution, right to take in intestacy,
right to take against the will of the other, and right to act
as administrator or executor of the other's estate, and each
!!
will, at the request of the other, execute, acknowledge, and
deliver any and ;1.11 instruments which may be necessary or
advisable to carry into effect this mutual waiver and
relinquishment of all such interests, rights and claims.
"
I'
II
II
,
"
I'
'I
II
1/
'I
I'
jtl;~~
16
"
II
il
. II
, ,
7, AFTER aCOUIRED PERSONAl, PRQ.I!.Iill.'IT: Each of the
parties shall hereafter own and enjoy, independently of any
11 claims or right of the other, all items of real and personal
!I propel'ty, tangible or intangible, hereafter acquired by 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,
1
:1
"
"
;1
II
ii
I
i
II
:1
II
as though he or she were unmarried,
B.
RE:PRESE:NTA'I:~Ol>!S
AND
WARRANTIES: The parties
acknowledge that they have a right to require the filing of
financial disclosure statements by the other prior to entering
into this Agreement, and being so advised the parties
acknowledge that they have waived their right to request such
financial disclosure.
However, each of the partieD hereby
.I.
warrant and represent to the other that at the time of
separation, they had no right, title and interest in any real
or personal property with a fair market value in excess of
$500.00 except for any asset or item of real or personal
propel.ty spe9ifically described and awarded pursuant to
Paragraphs 1 and 2 of this Agreement. ,J1i?J'l~..t~"
~-..J.~>
..
:1
:/
11
:,
"
,I
:!
lj
II
'I
17
'I
:!
I
I
I
!,
I
The parties al so are aware of their right to retain
respective to represent them in this matter, WIFE has waived
this right and has signed this Agreement of her own free will
and volition and not as the result of any undue influence,
9, SEPARATIQN: It snall be lawful for each party at
II
:1
II
II
'I
I
I
:1
:1
,I
"
all times hereafter to live separate and apart from the other
party at such place or places as he or she may from time to
time choose or determine fit,
10. NO INTERFERENCE: Each party shall be free from
interference, authority and control, direct and indirect, by
the other as fully as if he or she were single and unmarried.
Neither shall molest the other, compel, or endeavor to compel,
the other to cohabit or dwell with him or her, or to interfere
I
!I
"
I:
II
;1
I,
!I
II
II
"
I
I
,
I
:1
with friendships, society or acquaint.ances which either of the
parties hereto may choose or have from this day forward.
Neither party shall do or say anything to the children of the
parties at any time which might in any way influence the
,hildr.n .dv.r..,y .g.in.' 'h. o'h.r p.r~~~~,~
18
'., .'
.
"
;
:'
"
"
:1
'I
11, DOCUMENTS: Each party shall, at the request of the
,I
II
other, execute, acknowledge and deliver to the other party any
documents which may be reasonably necessary to give full force
and effect to this Agreement.
I
q
:1
II
'i
I,
!
"
12, AGREEMENT NOT A JlA&.. TO DIVORCE P~OCEEDINQS: This
I
'Agreement shall not be considered to affect or bar the right
of WIFE or HUSBAND to a divorce on lawful grounds as 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 noc be deemed to be a
"
.r
:1
"
i
I
,
I
I
!
'I
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 prior to
or which may occur subsequent to the date hereof. The parties
"
,
I
.,
,
I
il
,I
,
"
I
'I
;1
intend to secure a mutual consent, no-fault divorce pursuant
to the terms of Section 3301(C) of the Divorce Code of 1980.
'I
I,
The parties agree to sign all necessary documents, including
Affidavits of Consent, to secure said no-fault divorce.
"
.'
II
13. ABSOLUTE AND FINAL SETTLEMENT: The provisions of
this Agl"eement are intended to consider, determine, and
distribute all of the assets of the parties hereto as part of
Ii
:,
;1
19
A&!\~J;g
the' terms of thJ.s Postnuptial Agreement, This Agreement is
intelldecl by the parties hereto to be a valicl Postnupti.al
Agreement, providing for the absolute and final settlement of
their respective property rights and all obligations of
spousal support. This Agreement is not intended to be a mere
Separation Agreement.
This Agreement contains the entire
understanding
of
the
parties,
there
ana
are
no
representations, warranties, covenants or promises other than
those expressly set forth in this Agreement.
I
"
14. VOLUNTARY EXECUTION AND FAIRNESS QF AG~EMENT: Each
party acknowledges that thii Agreement has been entered into
of his or her own volition, (with full knowledge of the facts
and full information as to the liabilities and the assets of
"
..
"
II
I
!
the other), and that each believes the Agreement to be
reasonable under the circumstances and not the result of any
duress or undue influence,
:1
I,
,
';
il
II
II
'I
15, MODIFICATION AND WAIVER: Neither this Agreement nor
any provision thereof shall be amended or modified or deemed
amended or modified, except by an agreement in writing duly
subscribed and acknowledged with the same formality as this
,
"
:'
i'
;1
il
"
"
:,
Agreement.
Any waiver by either party of any provision of
/Ni'~~~'~'
20
'"
,I ;/
"
!I
"
II
I
"
"
~ I
:1
'.
.1
,
;1
;/
.1
:1
I
I
':
, ,
11
Ii
"
I
I
!I
II
:1
I
:1
I
I
, .
clause or provision shall be stricken from this Agreement and
in all other respects this Agreement shall be vali.d and
continue in full force, effect and operation.
18. DESCRIPTIVE HEADINGS: The descriptive headings used
herein are for convenience only. They shall have no effect
whatsoever in determining the rights or obligatio~s of the
parties.
19. ,w:&yIVAL OF THIS AGREEMENT: It is the intention of
the parties that this Agreement shall survive any action for
divorce which may be instituted or prosecuted by either party
and no Order, judgmerlt or decree of divorce (temporary,
interlocutory, final or permanent) shall affect or modify the
financial terms of this Agreement.
:1
!
20. BREACH: If either party breaches any provision of
this Agreement, the other party shall have the right, at his
,
,
I
or her election, to sue for damages for such breach, or seek
such other legal or equitable remedies or relief as may be
available to him or her; and
the party breaching this contract
~;V~~~
I
"
'I
:;
!I
'I
II
!
,
22
5, Date and manner of service of the Notice of Intention to File .Praecipe to Transmit
record, a copy of which is attached: Notice served upon Defendant November 20, 2001, by
United Slates First Class Mall, postage prepaid,
Respectfully submitted,
REAGE~ & ADLER, PC
DATED: 1/3/0J.
By:,
.--.
;11
Respoctfully Submitted,
REAGER & ADLER, PC
Date: } 1-- I q ,.-D I
By:
S N CANTOR, ESQUIRE
, 66378
2331 Market Street
Camp Hill, PA 17011-4642
Telephone No, (717) 763.1383
Attorneys for Plaintiff
0, ":-J
C' I.....)
~~ I
.'t)('.L' 'I'" I
111pl ".. I
~,:j,! I
,f:,'!\ t-'. 'I
U/'!-i ,.' (i
r~;{j " ,
??:: I
;r.:() (,.)
(_il-' - ,.:/fl
p~.; ;;,;!
0 r." ~:q
.- l'" Of"-
,
(l ':~l
~,:; I ',> I ,
..ntt, " " " 1
,.nn, ,- ;
""'7F , ,- I
fj j, , 'I
V'('
~lt'! , , ,
," , , Cl,)
,H ,~.-H
!-",(.) _J.~ /'-.'
rCJ
f,r-( ) - ''--::l-fi
Pc'" Ci
.:'.;1 ,;~
~ r.:- ::iJ
f''"
l'" -,
C,2 0 c>
~, '0
~ (~ .. I
'"d('fJ C.., , , I
C1)Q\ -I ." \
zl - , "I'
....r" 1O " )
~':' I
, I
c:- C, :n-' -'I
'"
:f; " ::;..;: , C)
~~..... t. .i "
;;.i~C) - , , I n
:J.~C: .. ':.:'
z ',0)
'"1 :i~
-c; (::l -,
"
-
I'
~.
~~
~) 1'(').
"'...:
K
~
(',
,~
"It.. ".....~.. '
c)\.l6 ~
,.
f
I
1
I
..-g ,_I'
.",'
~.~
.....
jO
.t'~
ti ~
""5 f
jJ.l
... ~. ., . , .
0
!'
.-~.....~_..~_.........~
! "
(~ \
,
~-, i ~ . 1 .
'.', I;''';
c,..
"
UI'
IJ
C,
E8f)L'E8l W,)
~t9rIIO'1 '\Id 111H dW'\I:)
.133ijiSli~ij'\lW Ltt~
MYl i'\l SA~NijOll'\l
~ 'ij31ay '11 ij3!l'\liij
~
jojM-I'14" ,\000114., .,..tlIU., .II.-nt u
ONftlK),f '00 "',.,. "N01'I.lV.l.'nY
,
~.. co i"
('-
..-',1/ ~J
" ("'i !"l:.
II,n l ::1
tor , l
"-,~'l ';, ''f~ , (:F~ , ,
[1:.1; ,_L, ~- r'
()~::7 I.:A... ('J ",'i
(\ I ,'.
L)(.'~ .::-1' ".f , q
~j:IJ.I.. , ('...r 'Co} ;.".
I
.".r,! (,; i',j
w.. '. '
(: Cl-; Ll..
4..j" " ~
, I.. (,';; 'j
0 (.Jl C;,
IIM:tllld'Atl-QQltl'''''':QILI':.jIf'llltl
Qt.j1't\K)~OClA"ldnt 'h'tl3111'J9'''''
N
~~~!
~!((I)~~
~Ulr.:~~
olli\:l ,...
II: $:1;::
w i-"'"
<.?g..,rC
~<~~
, April 00, 1998
x
.
I
.
I
MARY ANN MCNE:Al"
Plaintif f
IN THE COURT OF COMMON PLEAS OF'
CUMBEIU,AND COUNTY, PENNSYLVANIA
v,
EDWARD J. McNEAL"
Defendant
CIVIL ACTION - l,AW
IN DIIJORCE
98-2021 CIVIL TERM
Q.!.WE:R OF COURT
AND NOW, this 30th day of October, 2001, in the case
of McNeal versus McNeal at No, 98-2021 Civil Term, and it
appearing that docket activity has recently occurred in the case,
the case is strJ.cken from the purge list and shall r('Jmain active.
By the Court,
/0
""l"io~
Debra Denison Cantor, Esquire
2331 Market St,
Camp Hill, PA 17011
For the Plaintiff
/I apiw f) i}J
L 1I,)t'ol IN\S
EdWard J, McNeal, Defendant Pro Se
144 S, Bnola Dr,
E~ola, PA 17025
pcb
8
R;;'
~H~;;
Z_:L!
;<~.
(f}':L
r;.:c;
'ic C'
tc;" ,l
(00
';"c:'
t'ij
..;;
o
(')
.:1,'1
;e
C-:-:)
"!t::
In
, ~; ;!: )
"ft
1,',1 i":;
.,;" 1 n
lrJ
~~
"0
"<
-'!.)
=:i:
:.,,)
..
o
.TI
1~./