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MARITAL PRO~Jr['r:..MiD SETILEMEJIILAQ!lli.EMENT
This Agreement. rnade and entered Into this3/,:iT day of r4<<3 {.l:' T ,1998, between
BONNIE K MOORE of 1308 Pheasant Drive South, Carlisle, Cumberland COWlty, Pennsylvania,
herelnllfter referred to as "Wife," and CHRISTOPHER T. MOORE, of 925 Coldspring Road,
FayettcMUe, Franklin COWlty, Pennsylvania, hereinafter referred to as "Husband."
WHEREAS, the parties hereto are now Wife and Husband, having been lawfully married to
each other on May 18, 1974, in FayettcMlle, Franklin COWlty, Pennsylvania; and,
WHEREAS, certain differences bave arisen by and between the parties as a resuh of which
they have now separated RlId the parties hereto are desirous of settling fully and finally their respective
financial and property rights and obligation as between each other including, without lintitation by
specification: the settling of all matters between 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 llIId future support, alimony and/or maintenance of Wife by Husband or of Husband of Wife;
and in general, the settling of any and aU claims and pOSSIble claims by one against the other or against
their respective estates; and,
WHEREAS, both and each of the parties hereto have been advised of their legal rights and the
implications of this Agreement and the legal consequences that may and will ensue from the execution
hereo~ and each has had the opportunity to consuh with his or her own competent legal colUlsel
independent of each other; and,
WHEREA S, each party warrants, as part of the consideration of this Agreement, that each has
fully and completely disclosed all information of a financial nature requested by the other, and that no
infurmation of such nature has been subject to distortimt or in any manner being misrepresented; and
WHEREAS, other than as set forth herein, Wife desires finally and forever to relinquish aU of
her right of dower, rights as heir or surviving SPOUIIC or otherwillC, actual, cllrrently existing. or
inchoate, in and to the real and personal property of the Husband, now owned by him or Milch in the
future may be O\\1led by him, and all rights to counsel fees, or expenllCs and other than as set forth
herein, Husband likewise wlshes to relinquish all his rights of curtesy, rights as heir or surviving spouse
or otherwise, a"1l1al and currently existing or inchoate in and to the real and personal estate of the Wife,
currently owned by her or Milch she may 0\\11 in the future;
NOW, THEREFORE, the parties hereto intending to be legally bound hereby do hereby
mutll8lly agree as follows:
I. Advice of Counsel. Husband and Wife acknowledge that they have been given the
opportunity to obtain the advice of counsel regarding the provisions of thL~ Agreement and their legal
effect in advance of the date set forth above to permit such independent review. Each party
acknowledges that he or she has had the opportunity to receive independent legal advice from counsel
ofhis or her selection, and that each fully understands the filcts and has been fuDy informed as to his or
her legal rights and obligation, and each party acknowledges and accepts that this Agreement ls, and
under the circumstances, filir and equitable, after having the opportunity to receive such advice and
with such knowledge, and that execution of this Agreement is not the resuh of any improper or illegal
agreement or agreements, In addition, each party hereto acknowledges that he or she has had the
opportunity to be fuDy advised by his or her respective attorney of the impact of the Pennsylvania
Divorce Code, \WlJI'eby the court has the right and dilly to determine aD marital rights of the Parties
including divorce, alimony, alimony pendente lite, equitable distn'bution of all marital property or
property owned or possessed individually by the other, counsel fees and costs of litigltlon and, fulJy
knowing the same and having the opportunity to be fuIJy advised of his or her rights thereunder, each
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party hereto ~till desires to execute this Agreement, acknowledging that the terms and conditions set
forth herein are fair, just and equitable to each of the parties, and waives his or her respective right to
have the Court of Common Pleas of Cumberlond County, or any other court of competent jurisdiction,
make any determination or order effecting the respective parties' rights to a divorce, alimony, alimony
pendente lite, equitable distribution of all marital property, counsel fees and costs of litigation.
2. Separation. Husband and Wife do hereby mutually agree and consent to live separate
and apart and do further agree that it shall be lawful fur the Husband and WIfe at all times hereafter to
live separate and apart from each other, and to reside, from time to time, at such place or places as they
respectful1y shall deem fit, free from any control or restraint or interference, direct or indirect, by each
other.
3. No Molestation, Harassment or Interference. Neither party shall molest, harass or
interfere with the other or compel or endeavor to compel the other to cohabit or dwell with him or her
by any means whatsoever.
4. Mutual Property and Estate Waiver. Except as otherwise expressly set furth herein,
in which event such express provision shall take precedence over this paragraph, the parties hereto
intend that from and after the date of this Agreemmt, neither shall, have any spouse's rights in the
property or estate of the other, and to that end both parties waive, relinquish, and forbear the rights of
dower or curtesy, rights to inherit, rights to claim or take the Husband or Wrlil's or flunily exemption or
aDowance, to be vested with letters of administration or letters testanrentary, or to take against any will
of the other, and each agrees with the other if either should die intestate, his or her share shall descend
to vest in his or her heirs at law, personal representatives, and next of kin, excluding the other as
though he or she had died a widow or widower. And each further agrees that should the other die
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telltate, his or her property shall descend to and vest ill those persons set forth In the other's Last Will
and Testament as though the spouse so design.ted .s benefioiary h.d predeceased the tellt.tor. The
parties further agree that they may and can hereafter, as though unmarried, without any joinder by him
or her, sell, convey, transfer or encumber any Blld all real estate and personal property whioh either of
, thetn now or hereafter own or pos.'ieSS and filrther agree that the recording of this AgreetneIlt shall be
conoluslve evidence to all of ht~ or her right to do so, The said Husband and Wife do hereby
ilTevocably grant, eaoh to the other, should the exercise of'thJs power hereby given be necessary, the
right and the power to appoint one or IIIOre times any person or persons whom the Husband or Wife
shall designate to be the attorney-in-fact for the other, in their name and in their stead, to execute and
aolmowledge any deed or deeds, releases, quit claims, or satisfactions, under seal or otherwise, to
enable either party hereto to aHenate his or her real or personal property, but without any power to
iIqlose personal liability for breach of warranty or otherwise, Each of the parties hereto further waives
any right of election contained In Chapter 22 of the Pennsylvania Probate Estates and Fiduciaries Code,
and any right to seek or have an equitable distn'bution of married property ordered by the Court
pursuant to Section 3502 ufthe Divorce Code. Each of the parties hereto further agrees that neither
shall hereafter be under any legal obHgations to support the other, pay any expenses for maintenances,
funeral, buria~ or otherwise for the other, and to that end each of the parties hereto does hereby waive
any right to receive support, aHmony, a1illlOny pendente lite, counsel fees, expenses, or any type of
financial assistance whatsoever from the other, ~ as otheJWi.'ie expressly provided for herein.
5, Division of Personal Property.
The parties hereto IlUltwllly agree that they have etfected a satisfactory division of the furniture,
household furnisbings, appliances and other household personal property between them, and they
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IWtually agree that eaM party s1lall from and afler the date hereof be the sole and separate OWller ofall
such tangible personal property presently in his or her pos.'lesslon, \Wether said property is heretofore
own~ Jointly or individually by the parties hereto, and this Agrooment shall have the effect of an
a88lpment or bill of fi8le from each party to the other for such property as may be in the individual
p08llCll8ions of each of the parties hertllo, Husband further agrees to transfer to wife the wooden room
divider and the water fountain.
Further, the parties hereto have divided between themselves, to their mutual fi8tislilction, all
items of tangible nnd intangible marital property, including motor vehicles and boat. Wife shall
hereinafter own the 1992 CJI'IIId Prix and the 1987 lsuzu \WUe Husband shall hereinafter own the 1986
Astro Van and 1962 row boat. The parties further agree to execute \Watever docUll1Cllts are necessary
to transfer title to the vehicles and boat. Neither party shaD make any claim to any such items of
marital property, or of the separate personal property of either party, \Wich are now in the pos.'lesslon
and/or under the control ofthe other.
From and after the date of the signing of this Agreement both parties shall have complete
freedom of disposition as to their separate property \Wich is in their possession or control pursuant to,
this Agreement and may mortgage, sell, grant, convey or otherwise encwnber or dispose of such
property, \Wether real or personal, \Wether such property was acquired before, during or' after
marriage, and neither Husband nor Wife need join in, consent to, or acknowledge any deed, mortgage,
or other instrument of the other pertaining to such disposition of property,
Debt8, Wlfu agrees to assume the debt incurred in connection with a A IT credit eard which is
in Wlfu's sole name, approxltnately in the amolDlt 0($2,700,00, Husband agrees to assume the debt
incurred in connection with the Federal Visa credit card \Wich is presently the name ofboth parties and
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III of the debt incllrred In connection with the Bravo, Selrs and I>lsoover credit cards which are solely
In Husband's name,
The parties agree to be responsible fur any other Individual debts which are presently In their
IndMdual nlmes and to indemnifY and hold hannless the other for the aforementioned debts..
7, future Debts, The parties further agree that neither will Incur any more future debts
for which the other may be held liable, and if either party incurs a debt for which the other will be liable,
that party Incurring such debt will indemnifY and hold the other hlnnless from any and all liability
thereof.
8, Real Property, It is hereby acknowledged by both parties that they are the co-owner8
of two properties which both having mortgages in both partlesllames, Husband agrees to transfer his
right, title and interest in and to the parcel of jointly-owned real estate with improvements thereon
situate at 1308 Pheasant Dr" South, Carlisle, Cumberland County, Pennsylvania, to Wife to become
solely Wife's residence, and to sign all documents necessary to effect said tran~fer of the title to the real
estate to Wife's name indMdually contemporaneously with the signing of this Agreement. Wife agrees
to indemnifY Husband from any and all mortgages, liens, lines of credit or equity loans that now exist
or may exist in the future regarding this residence, Husband agrees to waive any claim or right to
rental income from Wife's residence,
Both parties agree to refinance the mortgages for their respective residences, The parties
acknowledge that they have a combined mortgage liability as of August 31, 1998 of $81,S30,26
($13,872,14 (Wife's residence) + $67,6S8,12 (Husband's residence)), The parties further
acknowledge that they agree to be responSIble for one half of the $81,S30,26 or $40,76S, 13 each,
Wife agrees to payoff the $13,872,14 in the refinancing of her residence and pay to Husband
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$26,892,99 as the remainder of her obligation toward the marital debt of the two residences, Husband
agrees to accept $26,892,99 as Wife's sbare ofthe mortgage liability and agrees to apply said amowlt
toward the payoff of the mortgage on his residence and provide proof thereof to Wife on or before
September 8, 1998,
Wife agrees to transfer her right, title and interest in and to the parcel of jointly-owned real
estate with improvements thereon situate at 925 Cold spring Rd, Fayetteville, Franklin County,
Pennsylvania, to become solely Husband's residence, Wife agrees to sign all documents neces.wy to
effect said transfer of the title to the real estate to Husband's name individually, Husband agrees to
indemnity Wife from any and all mortglges, liens, lines of credit or equity loans that now exist or may
exist in the future regarding this residence,
Husband agrees to pay Wife the slim ofSlO,OOO,OO on July I, 1999 payable in a lump sum or
payable at $2,000,00 per year for five years beginning July I, 1999 and continuing thereafter each
succeeding year until the full .mount is paid,
9, Support, AUmony and Alimony Pendente Ute, Both parties agree to waive any and
all rights either may have to support, alimony and/or alimony pendente lite from this time forward into
the future,
10, Penllion, Each party agrees to waive any right they may have in the others' pension or
retirement plan, Wife lilrther agrees to waive any right sbe may have in Husband's swvivor Benefit
Plan with the federal government. Husband agrees to pay Wife $6,000,00 upon retirement from the
federal government.
II, Counsel Fees and Court Costs, The parties agree to be responsible for their
respective legal fees and court costs incurred in the process of any divorce ac..'tion or separation
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a8feemen1.
12. Divorce. l1te parties acknowledge their intention and asreement to proceed in an
.ctlon In divorce to obtain a final decree in divorce by mutual consent on the grounds that their
marriage is irretrievably broken, and to settle amicably and fully hereby an claims raised by either party
in any divorce action, The parties agree to execute any lUId all docwnents necessary for the entry of a
final divorce decree,
13. Breach. In the event that either party breaches any provision of this Marital Property
lUId Settlcmenl Agreent('l\t, he or she shall be responsible for any lUId all costs incurred to enforce the
terms hereof, including, bllt not limited to, court costs and reasonable counsel fees of the other party.
In the event of breach, the other party shall have the right, at his 01' her election, to sue for damages for
such breach or to seek sudl other lUId additional remedies as may be available to him or her,
14, Enforcement, The parties agree that this marital settlement agreement or any part or
parts hereof may be enforced in any court of competent jurisdiction,
I S, Applicable Law and ElliCution, The parties hereto agree that this marital settlement
agreement shall be construed under the laws ofthe Commonwea1th of Pennsylvania and shaD bind the
parties hereto lUId their respective heirs. executors and assigns, This docwnent shaD be executed as
orlginallUld multiple copies.
16. The Entire Agrflement. The parties acknowledge lUId agree that this marital
settlement agreement contains the ootire understanding of the parties lUId supCflledes any prior
agreement between them. There are no other representations, warranties, promises, covenants or
,.,andbj,s between the parties other thlUl those expressly set forth herein,
\7, Incorporation and Judgment for Divorce, In the event that either Husband or WlfO
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