HomeMy WebLinkAbout98-03206
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C:IOFFICEIWPWINIW PDOCS\DOMESTIClMSA\)(Obo,II"~,In...wpd
Maroh 19, 1999 "
1. ADVICE 01<' COUNSEl..
Tho provisions of this lI(treOm(lllt uud theil' legul effect have been fully explained
to the parties by their respective counsol. WIFE is represented by Dobrll Denison Cantor,
Esquire, HUSBAND is representod by 13111'buru SUl11plo-Sullivlln, Esquire.
The partios furthor declllre thut ouch is exe(.uting the Agreemont froely IInd
voluntarily having either obtllined sufficient knowlodge and disclosuro oftheir respective legal
rights and obligations or, if counsel has not boon consulted, expressly wlliving the right to
obtain such knowledge, Tho parties each acknowledgll that this Agreement is fair and
equitable and is not the result of any fi'aud, coercion, duross, undue influence or collusion.
2. illY9RCE ACTION.
The parties acknowledge that their murl'iage is irretrievably broken and that they
shall secure II mutual consont no fault divorco pursuant to ~ 3301(c) of the Divorce Code, Tho
parties agree to execute Affidavits of Consent for divorce and Waivers of Notice ofIntention to
Request Entry of a Divorce Decree concurrently with the execution of this Agreement,
This Agreement shall remain in full force and effect after such time as a final
decree in divorce may be entered with respect to the parties, The parties agree that the terms
of this agreement shall be incorporated into any Divorce Decree which may be entered with
respect to them and specifically referenced in the Divorce Decree. This Agreement shall not
merge with the divorce decree, but shall continue to have independent contractual significance,
3. DATE O.F EXECUTION.
The "date of execution" or "execution date" of this Agreement shall be defined as
the date upon which it is executed by the parties if they have each executed the Agreement on
the same date, Othe~wise, the "date of execution" or "execution date" of this Agreement shall
be defined as the date of execution by the party last executing this Agreement,
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C:IOFFICEIWPWINlWPDOCSIOOMESTICIMSAlkobmUon,,""" wpd
March 19, 1999 '
4, M!IT!1M. RELEAS~.
Each party absolutely and unconditionl111y rolel1808 the other and the estate of the
other from any and all dghts and obligations whidl either may hllve for past, present, 01' future
obligations, arising out of the marital relationship 01' otherwise, including all right,s and
benefits under the Pennsylvania Divorco Codo of 1980, and amendments except as described
herein.
Each party absolutely and unconditionally reloases the other and his 01' hor hoirs,
executors and estate from any claims arising by virtue of tho marital relationship of tho
parties, 'rhe abovo release shall be effective whether such claims arise by way of widow IS 01'
widowerls rights, family exemption, or under the intestate laws, or the right to take against
the spousels will, or the right to treat a lifetime conveyance by the other as testamentary, or
all other rights of a surviving spouse to participate in Il deceased spouse's estate, whet.her
arising under the laws of Pennsylvania, any stato, Commonwealth, 01' territory of the United
Stutes, or any other country,
Except for uny cause of action for divorce which either party may have or claim
to have, each party gives to the other by the execution of this Agreement an absolute and
unconditional reiease from all claims whatsoever, in law or in equity which either party now
has against the other,
5, J<'INANClAL AND PROCEDURAL DISCLOSURE.
The parties confirm that each has relied on the accuracy ofthe financial disclosure
of the other as an inducement to the execution of this Agreement, Each party understands that
he/she had the right to obtain from the other party a complete inventory or list of all property
that either 01' both parties owned at the time of separation or currently and that each party had
the right to have all such property valued by means of appraisals or otherwise, Both parties
understand that they have a right to have a court hold hearings and make decisions on the
Page 3 of 10
C:\OFFICEIWPWINIWPDOCSIDOMESTIClMSAllloborlloq.rn...Wpll
Maroh 19, 1999 .,
mattol's c(lV{l\'od by this Agl'oem<mt, Both parties hereby acknowledge that this Agreement is
fair and equitable, and thllt tho torms adequlltoly provido for his 01' her interests, and that this
Agreement is not II rosult, of frllud, duress or unduo influonce oxercised by either party upon
the other 01' by any person or persons upon either pllrty,
6. ~ARA'rrONINON.INTERFERENCE.
WIFE and HUSBAND may and shall, at all times hereafter. live separate and
apart. They shall be free from any interference, direct or indirect, by the other in all respects
as fully as if they were unmarried, Each may, for his or her separate use or benefit, conduct,
carryon and engage in any business, occupation, profession 01' employment which to him or her
may seem advisable. WIFE and HUSBAND shall not harass, disturb or malign each other or
the respective families of each other,
7. DEBTS.
HUSBAND represents and warrants to WIFE that since the separation he has
not, and in the future he will not, contract or incur any debt or liability for which WIFE or her
estate might be responsible, and he shall indemnify and save WIFE harmless fl'<lm any and all
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clllimR or demands made against her by reason of such debts or obligations in~urred by him
since the date of said separation, except as otherwise set forth herein,
WIFE represents and warrants to HUSBAND that, since the separation she has
not, and in tho futuro she will not, contract or incur any debt or liability for which HUSBAND
or his estate might be responsible, and sho shall indemnify and save HUSBAND harmless from
any and all claims 01' demands made against him by reason of such debts or obligations
incurred by her since the date of said separation, except as otherwise set forth horein.
Page 4 of 10
C:I,OFFICEIWPWINIWPOOCSIOOMESTICIMSAlkob.rllon.msa. wpd
March 19, 1999 .'
8. RE'l'lRE.1llit~ BftJNEI<'ITS
HUSBAND herei",y waives his right, title and interest to WIFE's retirement
benefits. WIFE hereby waives her right, title and interest to HUSBAND's retirement benefits.
9. BANK ACCOUNTS.
The parties acknowledge that they have divided the marital bank accounts to
their satisfaction, The bank accounts held solely in individual names shall become the sole and
separate property of the party in whose namo it. is registered. Each party does hereby
specifically waive and releltse hisfher right, title and interest in the other party's respective
accounts.
10, PERSONAL PROPERTY.
The parties hereto mutually agree that they have divided all furniture, household
furnishings and personal property between them in a manner agreeable to both parties, The
parties mutually agree that each party shall from and after the date of this Agreement be the
sole and separate owner of all tangible personal propel'ty in his or her possession,
11, YEHICLES
The parties are joint owners of a 1997 Pontiac Grand Am and a 1997 Ford Escort,
The Pontiac Grand Am is encumbered by a loan through General Motors American Corporation
(GMAC), The 1997 Ford Escort is encumbered by a lease through General Motors American
Corporation and has been returned to GMAC for sale, '!'he parties agree that any outstanding
balance owed to GMAC as a result of this transaction shall be shared by the parties equally,
Each party agrees to indemnify and hold the other harmless from their one-half (112) obligation
on this vehicle,
WIFE shall assume possession of ttlo 1997 Ford Escort and shall sell, transfer or
refinance said vehicle within forty-five (45) days of the execution of this Agreement in order
Page 5 of 10
OlIOFFICF!:IWPWINIWPDOOSIOOMES IICIMSAlkolu"II"" "'"", Wlxl
Maroh 19, 1999
to I'olouso HUSBAND fhull III1Y IIl1d 1111 obligation on said vehicle, Thereafter, HUSBAND
waivos Ilny und /llIl'ight, titlol uud lutol'est in said vehicle, which shall be the sole possession
of WU'E,
IIlJHBAND hOI'oby waivos his right, title and interest in said vehicle and agrees
to oxoeuto tho tlI,lo IIl1d /lUY other documentation necessary to transfer ownership of said
Vllhll!lo to WIIl'1t
12, INHllRl\N{)~
HUHBAND horeby waives his right, title and interest to any and all of WIFE's life
i!lBlIrlllleo /loUdes, WIFE hereby waives her right, title and interest to any and all of
HUSBAND's lith lusurunee policies,
.','om the execution of this Agreement, each party shall be responsible for
providing his/hor own health insurance coverage,
13, .INIIEJllTANCE
DUI'int tho course of the marriage, WIFE inherited an interest in real property
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and other personal property, HUSBAND hereby waives any and all marital interest in said
inheritance,
14, DU61I"iEBB.IN'f&RESTS
HUSBAND is the owner of a automobile detailing business which has had
mlnlruul uJltll'utlon to dute, WIFE hereby waives any right, title 01' interest in said business,
Hi. ALI~UPPORT.. AND ALIMONY PENDEN.TE LITE
Tho pnrtios hereby expressly waive, release, discharge and give up any and all
1'llIhts 01' eluims which either may now or hereafter have for spotlsal support, lIlimony
Page 6 of 10
, C:IOFFicEIWPWINIWPDOCSIDOMESTICIMSAlkobarI19n,m...wp<J
Maroh 19. 1999
pendente lite, alimony, or maintenance, The parties further release any rights that they may
have to seek modification ofthe terms of this Agreement in a court of law or equity, with the
undorstanding that this Agreement constitutes a final determination for all time of either
partyls obligations to contribute to the support or maintenance of the other.
16, A'Ml>RNEY FEES. COURT COSTS.
Each party hereby agrees to be solely responsible for his 01' her own counsel fee~,
costs and expensE's. Neither shall seek any contribution thereto from the other party except
as otherwise expressly provided herein,
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17, WAIVER OF RIGHTS.
Both parties hereby waive the following procedural rights:
(a) The right to obtain an inventory and the appraisement of all
marital and non-marital property;
(b) The right to obtain an income and expense statement of
either party;
(c) The right to have all property identified and appraised;
(d) 'rhe right to discovery as provided by the Pennsylvania
Rules of Civil Procedure;
(e) The right to have the court make all determinations
regarding marital and non-marital property, equitable
distribution, spousal support, alimony pendente lite,
alimony, counsel fees and costs and expenses,
18. MU'l'UAL COOPERATION.
WIFE and HUSBAND shall mutually cooperate with each other in order to carry
through the terms of this Agreement, including but not limited to, the signing of documents.
Page 7 of 10
o :\OFFICE\WPWIN\WPDOC8\OOMESTIC\MSA\kobo,lIon.rn.a,wJl\i
MllolI tu, IUUO "
HI, VIDIB2t.AUSES.
II' any torm, condition, clause 01' provision ol'this Agreement shall be determined
01' doctur'lld to bo void 01' invalid in law 01' otherwise, then only that term, condition, clause or
provhlion shull ho stl'ickon from this Agreement, and in all other respects this Agreement shall
bo vulid and continuo in full force, enect and operation,
20, A().)LlCABLE LAW,
This Agroement shall be construed under the laws of the Commonwealth of
Pfmnblylvaniu,
21. ATTORNEYS' FEES FOR ENFORCEMENT.
In the event that either party breaches any provision of this Agreement and the
other party retains counsel to assist in enforcing the terms thereof, the breaching party will
puy all roasonable attorneys' fees, court costs and expenses (including interest and travel costs,
if applicable) which are incurred by the other party in enforcing the Agreement, whether
enforcement is ultimately achieved by litigation or by amicable resolution. It is the specific
Agreement and intent of the parties that Ii breaching or wrongdoing party shall bear the
obligation of any and alJ costs, expenses and reasonable counsel fees incurred by the
non breaching party in protecting and enforcing his or her rights under this Agreement,
22, EN1'IRE AGREEMENT.
This Agreement contains the entire understanding of the parties, and there are
no representations, warrunties, covenants or undertakings other than those expressly set forth
herein.
23, CONTRACT INTI!;RPR~-LTA'rION.
For purposes of contmct interpretation and for the purpose in resolving any
ambiguity herein, the parties agree thut this Agreement. was preparedjointIy by the parties.
Page 8 of 10
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