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HomeMy WebLinkAbout98-03208 . execution hereof, and euch hus hud the opportunity to consult with his or her own competent legal counsel indepcmlent of euch other; und, WHEREAS, euch purty WUlTunts, us purt of the considcmtion of this Agrcement, thut euch hus Itllly und completely disclosed ull infurmutioll of u linunciulnuture requested by the other, und thut no informution of such nuture hus been subject to distortion or in uny Illunner being misrepresented; und WHEREAS, other thun us set forth herein, Wife desires tinully und forever to relinquish ull of her right of dower, dghts liS heir or surviving spouse or othelwise, uetuul, currently cxisting, or inchoate, in und to the reul and personul property of the Husband, n:nv owned by him or which in the future muy be owned by him, and all rights to counsel fees" or expenses and other than liS set forth herein, Husbund likewise wishes to relinquish all his rights of curtesy, rights us heir or surviving spouse or otherwise, actual and currently existing 01' inchoate in and to the real and personal estate of the Wife, currently owned by her or which she may own in the future; NOW, THEREFORE, the parties hereto hltending to be legully bound hereby do hereby mutually agree as follows: 1, Advice of Counsel. Husband and Wife acknowledge that they huve been given the opportunity to obtain the advice of counsel regarding the provisions of this Agreement and their legal ellect in advunce of the date sel forth ubove to permit such independent review, Each pllrly acknowledges that he or she has had the opportunity to receive independent legal advice from counsel of his or her selection, and that each fully understands the facts and has been fully infonned as to his or her legal rights and obligation, and each party acknowledges and accepts that this Agreement is, and under the circumstances, fair and equitable, after having the opportunity to, 2 . . receive such advice and with such knowledgc, und thut exccution of this Agrcemcntis not the result of any improper or ilIegul ugreement or ugrcements, In uddltion, \mch purty hcreto acknowledges thut he or she has hud the opportunity to be lillly advised by his or her l'espective uttorney of the impact of the Pennsylvunia Divorce Code, whcreby the court hus the right and duty to determine all maritlll rights of the purties including divorce, Illimony, alimony pendente lite, cqultuble distribution of all marital property or property owned or possessed indlviduully by the other, counsel fees and costs of litigation and, fully knowing the same und having the opportunity to be fully advised of his or her rights thereunder, each purty hcreto still desires to execute this Agreement, acknowledging that the tenus and conditions set forth herein are fuir, just and equitable to each of the parties, and waives his or her respective right to have thc Court of Common Pleas of Cumberland County, or any other court of competent jurisdiction, make any determination or order effecting the respective parties' rights to u divorce, IIlimony, 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 fllllher agree that it shall be lawful for 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 respectfully shall deem tit, tree from any control or restruint or interference, direot 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 forth 3 '... ......1 '" herein, in which event such express provision shalltuke precedence over this puragl'llph, the partics hereto intend thatli'om and uller the dute of this Agreement, neither shall huve uny spouse's rights in the property or estate of the other, und to thut end both purties waive, relinquish, und forbear the rights of dOIVcr or curtesy, rights to inherit, rights to cluim or take the Husband or Wife's or fumily exemption or ullowance, to be vested with letters of administration or letters testUlllentary, or to take against any will of the other, and each agreea with the other if either should die intestate, his or her share shull descend to vest in his or her heirs ut law, personal representatives, und next of kin, excluding the other as though he or she had died a widow or widower, And each further agrees thut should the other die testate, his or her property shall descend to and vest in those persons set forth in the other's Last Will and Testament as though the spouse so designated as beneticiary had predeceased the testator, The parties further agree that they may and can hereafter, as though lIIIUlarried, without UllY joinder by him or her, sell, convey, transfer or encumber any and all real estate and personal property which either of them now or hereafter own or possess and further agree that the recording of this Agreement shall be conclusive evidence to all of his or her right to do so, The said Husband and Wife do hereby irrevocably grant, each to the other, should the exercise of this power hereby given be necessary, the right and the power to appoint one or more times any person or persons whom the Husband or Wife shull designute to be the attomey-in-fact for the other, in their name and in their stead, to execute and acknowledge any deed or deeds, releases, quit claims, or satisfactions, under seal or otherwise, to enuble either party hereto to alienate his or her real or personal property, but without any power to impose 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 und Fiduciaries Code, and any right to seek or have an 4 . murriage is Irretrievably broken, und to settle mnicubly und fully hereby all clulms raised by ehhcl' purty In uny divorce IIctlon. Thc purtics ugrce to cxccute uny ul1d ull documcnts nceessllry for the entry of a tinul divorce decrcc, 10. Broach. In the evcnt t1mt elthcr party breuehes uny provision of this Muritul Property und Scttlcmenl Agrcemcnt, hc or shc shull be responsiblc for uny and ull costs incurrcd to enlilrcc thc terms hcreof, including, but not limited to, court costs und reusonable counsel fees of the othcr pllrty, In thc event of breueh, the other party shull huve the right, at his or hcr clection, to sue till' damages for such breach or to scek such other and additional remcdlcs as muy bc available to him or her. 11. I~nforcement. The parties ugree that this marital sclIlement agreement or any part or purls hereof may be enforccd in uny court of competent jurisdiction, 12. Apllllcable Law and Execution. The parties hercto agree that this marital settlement agreement shall be eonstrucd under the laws of the Commonwealth of Pennsylvarlla and shull bind the purties hereto and their respective hcirs, executors und assigns. This documcnt shall be executed as originuland mulliple copies. t 3. The Entire Agreement The partics acknowledgc and agree that this marital selllement agreement contains the entirc understanding of the parties and ~upersedes any prior agreement between them. There ure no other representations, warranties, promises, covenants or understandings between the parties other than those expressly set forth herein, 14. Incorporation and Judgment for Divorce. In the event thllt either Husband or Wife at any time hereafter obtain a divorce in the action for divorce presently pending between them, or otherwise, this agreement and all of its provisions shall be incorporated Into any such 6 .~. ,) .. judgmcnt for divorce, either dircctly or by rcference, The Court, on entry of judgment for divorce, shull retain the right to enforce the provisions und tcrms of this muritul settlement IIgreement. 1"l Addltlonnl Instruments. Elich of the pUl'ties shall on dcmllnd or within II reusonublc pcriod thcreal\cr, cxecute und dclivcr IIny IInd 1111 other documents und do or cause to be done any other IIct or thing thllt muy be necessllry or desirable to etl'eetuute the provisions and purposes of this Agreement. If either party thils on dcmand to comply with this provision, that party shall pay to the other all attorney's fees, costs, und othcr expenses reasonably incurred liS a result of such thilure, IN WITNESS WHEREOF, the purties have set their hands and seals the day and year first written ubove, WITNESS: mill'aM\., J, jL~ 7 . , w TIMOTHY 1>. STARNER, l'lalntiff V. : IN THE COURT OF COMMON I'LI<~AS m' : CUMDI~RLANI) COlJNTY,Pf:NNSYL VANIA : CIVIL ACTION : NO.9H.320H CIVIL TERM REBECCASUESTARNE~ Defendant : IN IJIVORCE I'RAI<:CIPE TO TRANSMIJ~BEq)J!P To the Prothonotary: Transmit the record, together with th\~ following information to the court for entry of a divorce decree: 1. Grounds for divorce: irretrievable breakdown under Section 3301 (c), ~ (d)(l) vI t1.e DivGrell C9(jC. (Strike out inapplicable section). 2, Date and manner of service of the Complaint: Certified MaiL Return Receipt Requested. Restricted Delivery. made on June 17. 1998. 3. Complete either paragraph (a) or (b), !!l Date of execution of the affidavit of consent required by sec. 3301 (c) of the Divorce Code: by plaintiff; QtlQber 30. 2000; by defendant: October 3D, 6000. (b) (1) Dute of execution of the affidavit required by sec. 3301 (d) of the Divorce Code: ; (2) Date of filing and service of the plaintiff's affidavit upon the defendant -' 4. Related claims pending: _ None '" " '" a ~ - , ':,! i__ ;,,' " I': -',- h " "