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I.
The parties intend to muintuin sepllrllte lInd pemlllnenl domiciles lInd to live Upllrt from
euch other. It is the intent and purpose of this Agreement to set f(lrth the resp~etive rights und
duties of the parties while they continue to live apart ti'om each other.
2.
The parties have uttempted to divide their matrimonial propcI1y in u munner whieh
confonns to u just und right standard. with due regard to the rights of each pllr1y, It is the intent
of the purties thut such divisioll shuli be linul and shull forever determine their respective rights.
The division of existing marital property is not intended by the parties to constitute in uny wuy u
sale or exchunge of assets.
3.
Further, the parties agree to continue living separutely und upurt from the other at any
place or places thut he or she may select us they huve heretofore been doing. Neither purty shall
molest, harass, annoy, injure, threaten or interfere with the other party in uny mutter whatsoever,
Each party muy eurry on und enguge in any employment, profession, business or other uctivity as
he or she muy deem advisuble for his or her sole use and benefit. Neither purty shull interfere
with the uses, ownership, enjoyment or disposition of uny property now owned und not specified
herein or property hereufter ucquired by the other.
4.
The consideration for this contract and agreement is the mutuul benefit to be obtained by
both of the purties hereto und the covenants and agreements of each of the parties to the other.
The adequu~y of the considerution t(lrallugrcemonts Iwrein contained is stipuluted, contbssod,
und udmitted by the purties, und thc pUl1ies intend to hc legully hound herehy.
Euch purty to the Agrecmcnt ueknowledg\Js and declures thut he 01' she,
respectively:
(I) hus hud the right und opportunity to retain legul representution of his 01' her
own choosing; WIFE has retained Daniel W, DeArment, Esquire of Irwin,
McKnight & Hughes, und IIUSBAND hus chosen to proceed without legal
counsel, ueting pro se;
(2) is fully and completely intll/ll1ed of the \llcts relating to the suhject matter of
this Agreement und orthc rights and liabilities ortlw pUl1ies;
(3) enters into this Agreement voluntarily uner receiving the advice of counsel, or
chooses not to consult un uttorney;
(4) has given cureful and muture thought to the muking of this Agreement;
(5) has carefully reud eueh provision of this Agreement; und
(6) fully und eomplctely understunds each provision of this Agreement, both as to
the subject muller und legul erfect.
This Agreement shall become effective immcdiutely us of the date of execution,
5.
It is the purpose and intent or this Agreement to settle forever und completely the interest
und obligations of the purtics in all property that they own sepurately, and ull property that would
quulify as muritul property under thc I'ennsylvaniu Divorce Code, Title 23, Section 3301(e), and
that is reten'ed to in this Agreement us "Murital Property", us between themselves, their heirs und
ussigns, The purties huvc uttempt~,d to divide their MurilulPropel1Y inu munner thul conforms to
u just und tillr stundurd, wilh due regurd 10 thc righls of euch Purty. The division of existing
Muritul Property is nol intended hy the purties to constilule in uny wuy u sale or cxehunge of
ussets, und the division is heing effecled without the intl'Oduetion of outside funds 01' other
property not constituling apart of the Illarital eslute.
It is the further purpose of this Agreelllenlto settle ti))'cvcr und completely uny obligution
under the Pennsylvuniu Divorce ('(ld~, reluting to spousul support or ulimony.
6.
Eueh purty represents und warrunts thut he or she hus mude a full und fuir disclosure to the
other of ull of his or her property interests of any uuture, including uny mortguge, pledge, lien,
charge, security interest, encumhrance, or restriction to which uny property is suhject. Euch
party further represents thut he or she hus mude u full und lair disclosure of ull debts und
obliJutions of lIny nuture lor which he 01' she is currently Iiuhle or may become liable. Eueh
further represents und warrunts thut he or she hus not made uny gilis or transfers lor inadequute
eonsiderution of Muritul Property without the prior consent of the other.
Euch Purty ucknowledges that, to the extent desired, he or she hus hud access to all joint
and sepurute State und Federul Tux Returns tiled hy or on behulf of either or both I'urties during
mumuge.
7.
SUPPORT I ALIMONY: It is the mutual desire of the purties thut HUSBAND will not
be required to pay uny financiul support to the WIFE, und WIFE will not be required to provide
uny financial support to the HUSBAND. The purties also wuive any right they have to receive
ulimony or ulimony pendente lite payments from the olher (tJllowing the entry of the Divorce
Decree in Ihis matter, Nevertlwless, HUSBAND shull puy 10 WIFE child support in uecordanee
und as l11UY be determined by the applieution of support guiddines by the Office of Domestic
Relulions of the Coml11onwealth of Pennsylvania.
Further, WIFE docs hereby release, waive and (h(ever disehlll'ge HUSBAND from any
und ull c1uims she hus now, ever mllY hllvc 01' can lit any time have ugainst the HUSBAND
urising out of the Divorce Code, Act No. 26 of 19RO. liS IIl11cnded, including ulimony, ulimony
pendente lite and spousul SUpp0l1, logether with uny and 1111 c1uims she hus now, ever mllY huvc
or clIn ut IIny time hllve IIgllinst HUSBAND or his estatc or uny purt thereof, whether urising out
of lonnlll contracts, engagements 01' liubilities of HUSBAND. urising by wuy of widower's right
or under the intestalt~ LIIW IIrising by uny right 10 take aguinst the HUSBAND'S will.
HUSBAND docs hereby releusc, waive und lorevcr discharge WIFE from any and all
claims he has now, ever mllY huve 01' elln ut uny time huve uguinst the WIFE urising out of the
Divorce Cod", Act No. 26 of 19RO, liS amended. including alimony, ulimony pendente lite and
spousul SllppOl1, togt~ther with uny IInd all claims he hus now, every muy have 01' cun at any time
huve ugainsl WIFE or her estute 01' uny part thcreol~ whether arising out of fonnal contructs,
engugemenls 01' liabilities of WIFE, arising by wuy of widower's right or under the intestate Law
urising by IIny right to tuke uguinst the WIFE'S will.
R.
PERSONAL PROPERTX: HUSBAND shall be entitled to possession of any and all
busebull, lootball or other sports collectible curds which muy have been purchased 01' acquired
during the marriage. WIFE shull be entitled to possession of the pearl ring in u 14K setting
which wus purehascd by HUSBAND for WIFE on u trip to Sea World of Ohio. HUSBAND
shall make avuiluble suid pcarl ring to WIFE within thirty (30) duys from thc dutc of this
Agrcement. The purties ugrcc thut ull othm' personul property hus been divided between the
purties to their mutuul satislllCtion us of thc date of this agrcemcnt, and tilrther thut uny llnd ull
personul propcrty not listcd abov!: shull hercutlcr bc thc property of HUSBAND, solely,
The WIFE hercby waivcs ull right and titk which she may have in uny personal property
of the HUSBAND, HUSBAND Iikewisl' waives any interest which hI' hus in the personul
property of thc WIFE. HencctlJrth, euch of the purtics shall own, have and enjoy independently
of uny elaim or right of the other party, ull itcms of pcrsonal property of evcry kind, nature und
description and whercver situatcd, which ure then owned or held by or which muy hereufter
belong to the HUSBAND or WIFE with full power to the HUSBAND or the WIFE to dispose of
same as fully und effectuully, in all respects and for all purposes as ifhe or she were unmurried.
Each purty agrees that ncither will incur obligations, liens or liabilities on uecount of the
other and thut from the date of this Agreement, ncither purty shall eontruct or incur obligations,
liens or any Iiab;lity whutsocver on account of the other.
9.
AUTOMOBILES: The parties hereto agree to wuive uny and all interest which each
muy have in all uutomobiles which muy currently be in the possession of the other. HUSBAND
agrees to trunsfer uny and all right, title und interest which he muy huve in the uutomobile(s)
currently in the possession of WIFE, and WIFE hereby ugrees to trunsfcr to HUSBAND any and
1111 right, title IInd interest whieh she may huve in the uutomobile(s) currently in the possession of
HUSBAND.
HUSBAND shull hold WIFE hannless for uny and nil liubility associuted with the
purchase, use und owncrship of the any und ull automobiles purehused, used und opemted during
the marriuge, nnd shull be solely responsible 1'01' all insumnee und other finunciul responsibility
associated with suid vehicle, WIFE shull hold HUSBAND hunnless Il)r uny und ull Iiubility
ussoeiuted with the purchuse. U!,e uud ownership of uny vehicle she muy now or in the future
own, und shall be solely rcsponsible li)r ull insurunce und othcr tinunclul responsibility ussoeiuted
with suld vehicle,
Ill.
MARITAL J>EHTS: It is fllrtlwr mutuully agreed hy und bdween the parties thut WIFE
shull ussume ullliability lilr and pay und indemnify the HUSBAND aguinst all debts incurred by
WIFE ufter the dute of separution, WIFE represcnts und wumlllts to HUSBAND that since the
parties' muritul separation she has not contracted or incurred uny deht or liability li1l" which
HUSBAND or his estate might be responsible und WIFE 11Irther represents and warrunts to
HUSBAND thut she will not eontmct or incur any debt 01' liability atler the execution of this
Agreement, for which HUSBAND or his cst ute might be responsible. WIFE shull indemnify und
save HUSBAND hannless from any und ull c1uillls or dell1unds Illude uguinst him by reuson of
debts or obligutions incurred by hcr.
HUSBAND shall assume 1111 liability for and puy und indemnify the WIFE ugainst ull
debts incurred by HUSBAND utler the dute of separation. HUSBAND represents und wurmnts
to WIFE tbut since the purties' marital separution he hus not eontructed or incurred uny debt or
liability for which WIFE or her estate might be responsible and HUSBAND further represents
und wurrants to WIFE that he will not contruct or incur uny debt or liability utler the execution of
this Agreement, for which WIFE or her estute might be responsible. HUSBAND shull indemnifY
und save WIFE hunnless from uny und ull claims or dcmunds mude ugainst her by reuson of
debts or obligutions incurred by him.
II.
INSURANCE ANI> EI\!.r.L.-Qn:E BI<:NI<:III'1'S: The parties ugree that any life
insurunce policics on the life of HlISBAND or WirE or any other employcc benefits. inciuding
but not limited to Individual Retirement Accounts, 40 I K plnns. pront sharing, other retirement
benents or medknl benefits of either pnrty. shnll be their own, WIFE wuives nil right, title und
cluim to HUSBAND's employee benefits, und HUSBAND wuives nil righi, title, nnd eluim to
uny of WIrE'S cmployec hencnts.
12.
BENEFITS AND BANK ACCOUNTS: WIFE agrecs to wuive ull right. title and
~._._-----"_. ..
interest which she muy havc in thl: savings 01' chccking 01' uny other hunk uccounts of the
HUSBAND, and HUSBAND agrces to wuivc nil intcrest which hc hus in the bank accounts of
the WIFE. Thc purties hereto agrce to evenly divide uny remuining monies in uny joint bank
uceounts owned by und between the purties, und thereuncr close uny und ull joint accounts held
by and between the purties.
13
CUSTODY: The purties arc the nut ural purents of u minor child, Cierru N. Martinez,
bom Decemher 2,1988, WIFE/MOTHER shull enjoy primllry legul custody und primary
physicul custody of the minor child. HUSBAND/FATHER shull have purtia! physicul custody of
the minor child uceording to the f()lIowing schedule:
u. Alternating weekends bcginning at 5:00 p.m. Suturduy and continuing until
5:00 p.m. on Sunday f()r such time thut the minor child is uctive!y
pUl1iciputing in "Full Bull." After the "Full Ball" season is complete,
15.
ADDITIONAL I~SJRlJ~!.:~!~: Each of the purties shall from time to timc, ut the
request of the other, \~Xceute, acknowledge IInd delivcr to thc other party uny und ull tl1l1hcr
instrumcnts that muy he reasonuhly required to give t\lll fllrec und effcet to the provisions of this
Agrecmcnt.
16.
VOLUNT ARY EXECUTION: The provisions of this Agrecmont und their legal effect
_..u.~._.___~.._.~
huve been fully expluined to thc purtics by thcir respective counsel, and cueh purty ueknowledgcs
thut the Agrecmcnt is lilir and cquitable, und that it is bcing entercd into voluntarily. und thut it is
not thc rcsult of any durcss or undue influenec. Thc provisions of this Agreemcnt arc fully
understood hy both purties and each purty acknowledges thut the Agreement is fuir and cquituble,
thut it is bcing entered into volunturily, und that it is not the result of uny duress or undue
influcnee. It is thc purties' intent that this Agrcement docs not mcrge with the Divorec Dccrec,
but ruthcr shall continue to havc indepcndent contractual signi fkanee. Euch party maintains his
or her contructuul remedics or uny other remedies providcd by luw or stutute. Those remedies
shull include, but nol he limited to, dumagcs resulting t,'om breach of this Agreement, specitic
enforcemcnt of this Agrecment und remedies pertuining to tllilurc to comply with un order of
court or agreement pertuining to equitable distribution, alimony, alimony pendente lite, counsel
fees und costs as set tllrth in the Pennsylvaniu Divorce Codc or other similur statutes now in
effect und us umended or hereafter enacted.
-
P 1192 3lj7 Ol\lj
US Po.<\tul SOf\llGO
Receipt for Certified MIJIl
No.lnsurancE. Covorago Pro....ldocl.
Do not U~!Jm.!~!1.!!!!~a~~.~~.{92.!!.!!!XE!~
S6nllO
MR ROBERT MARTINEZ
SiiiOiTNii"niiiill- BELL TERRACE APTS-
611B APT \4
lliYit511ico: Sldlt\'''~''I.Iff;Cxk\- '"GI'AlNA
flCIIMHCS_BU!G l'!-lI.!!5.L
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C~~~.~~_~ \ . '~)5
Special Oolivary Fee
Atllum Ho,;rnpl ow ng to
Wlwm& {~viHeL X
'l Ralum Hocelpt Shll'lli('\lI!O ~qn,
Ouw, & MI!res.~eu'i Al!df.~
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06-0~-98
JPMNIFER MARTINEZ DIVORCF.
MR ROBRRT MARTINEZ
BELL TElUlACE APTS
611B Al'T 14
GENEVA DR
MECRANICSBURG PA 170~~
I also wish to racelve the
loIlowlng ..rvlce. (lor an
.xtra lee):
1 '. Mellt.. i
. II Rs.trlc1od Delivery j
Contul! poll I
4a, Article Number
P 492 347 084
4b, Ssrvlea Type I
o Rsgl.t.red II Certlned
o Expre.. Mall 0 In.ured I
o Return Racslpt lor Merchandllt 0 COD
1. Date of Oollvary ~,_ (_ (,. - I
8-:Addrs..so's Add,... (Only /I reqlHlsled 'I
end les Is pe/d) ~
1 -CompI-'1 "~mI t andIOt' 2lOf addlllonal"~',
.Oompfltelltml 3, .1, .nd 4b.
I .P~fIt your name Mntr ,ddre" on thl "wrl' of thl. Iotm 10 thai we cln r.turn this
Glnl to you.
-Attach ttUI form to the f,ont (1f lhe mallpltct, or on 1he bad( It .pac.. doH nol
I .=R.lUm RlCftlpt RlqUf.tfd' on IhI mallplece ~Iow the ."lel. number.
_TM Rltum Rtctlpt wm ,how to whom thl.nldl WI' de~v'fed Ind 1he dale
dellyered.
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