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Home My WebLink About98-04349 ~ ; ~l \t i ~I i , i I I ~ i ~! , I \oj ~I _I ~~\ \, \ \ ! , ~ I . ~1 ,I '.. I I ::), ~I ~~RrTAL SETTLEMENT AGREEMENT J So'. TillS AGHEE~IENT. made Lhb',"< \ cia\" ()1'~\'l\'l.bl'-. 1,HJb. bv and betl,een JOSEPH G. HAHI\EH. 01' ~(echanicsbu['I)'. Cumberland CounL~'. ['enns~'.Lvania. hereinafter referred to as "HUSBAND". and PATRICIA M. HARI\En. or ~Iechanicsburg. Cumberland County. Pennsvlvaniu hereinul.'ter referred to as "WIFE". IHTNESSETH WHEREAS, Husband and Wife were lawfully married on August 2. 1997. Mechanicsburg, Cumberland County. Pennsylvania: and WHEnEAS. certain differences. disputes and difficulties have arisen between the parties as a result of which they are estranged with no reasonable expectation of reconciliation, and are deSirous, therefore, of entering into an Agreement which will settle and resolve financial and property rights growing out of the marriage relationship: and WHEnEAS, the parties hereto, having made full disclosure of the assets and finances of one another and having had the opportunity to consult with legal counsel in this regard, have come to the follOWing agreement. NOW, THEREFOnE. in consideration of the above recitals and the follOWing covenants and promises mutually made and mu tuall y to .be kept, the parties the reto, in tending to be legally bound and t~ legally bind their heirs,successors Hnd assigns covenant... pr'om.lse Hnd a~l"ep as foJloh's: I. SEPARATION: It shall be lawful for euch party at all times hereafter' to live Sell/If'ate and apart ft'olll the other at such place or places as he or she may from time to time choose or deem fit. 2. INTEnFERENCE: each party shall be free from interference, authority and contact by the other, as fully as if he or she were single and unmarried, except as may be necessary to carry out the provisions of this Agreement. Neither party shall molest the other nor in any way harass or interfere with the other party. 3. DIVORCE: No th ing contained i tl the Agreement shall prevent either party from pursuing any action for divorce which has been instituted, and this Agreement shall be incorporated in any Decree in Divorce obtained by either party and enforced under the provisions of The Divorce Code. 4. WIFE'S DEBTS: Wife represents and warrants to Husband that she will not hereafter contract or incur any debt or liability for which Husband or his estate might be responsible and shall indemnify and save harmless Husband from any and all claims or delllands made against him by reason of debts or obligations incurred by Wife after the date of this agreement. '~. 5. llUSBAND' S DEP'l'S: Husband represent sand WH !"'Hn ts to \'ife thaL he wLll not !l~!'__"-.,,.Lt~J:: contruet or incur any debt or liability for which Wlfe or her estate might be responsible and shall indemnify and save harmless Wife from any and all claims or demands made ugainst her by reason of debts or obligations ineurred by Husband after the date of the Agreement. 6. MUTUAL RELEASE: Subject to the provisions of this Agreement, each party has released and discharged, and by this A.reement does for himself or herself, and his or her heirs, legal representatives, exeeutors, administrators and assigns, release and discharge the other of and from all causes of action claims, rights or demands whatsoever in law or equity, which either of the parties ever had or now has against the other, including any claim for equitable distribution, alimony, counsel fees or costs except in any or all cases of action for breach of any provisions of the Agreement. 7. WAIVERS OF CLAIMS AGAINST ESTATE: 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 of the estate of the other as a result of the marital relationship, including without limitation, dower, curtesy, .tatutory allowance, right to toke intestocy, right to take against the Will of the other. and right to Rct aR Administrator or Executor of the other's Estate. Rnd each will at the request of the other. execute, acknowledge, and deliver any and all instruments which may be necessory or advisable to carry into effect this mutual waiver and relinquishment of all such interest, rights, and claims. 8. DIVISION OF PERSONAL PROPERTY: The parties hereto mutually agree that they have divided their personal property according to Exl\ibit A attached hereto and incorporated herein. It is further ugreed that each party shall hereafter be the sole and separate owner of all such tangible personal property Recording to Exhibit A. 9. DEBTS. Each party hereby assw~s responsibility for any debt in his or her own name. Including but not limited to automobile loans, credit cards, or personal loans; Each party will not hold the other responsible for any such debt. 10. REAL ESTATE: The parties are the joint owners of real estate located at 654 Allenview Drive, Mechanicsburg, Pennsylvania. This property was purchased on July 24, 1997, for $79.000.00 plus costs. The parties believe and acknowledge that there is no equity in the real estate above the existing mortgage and to provide for final disposition of said property agree as follows: 1\. Wi('e agl'pes to conve,v nil interest in said r'Clll estate to lJusuand ('01' the Slim 01' $1. UU and lIusband's assumptioll of Il.U debt assoc.lated with said real estate. B. Husband agrees to assume. pay. and be solely responsible for all deuts and expenses 0(' the parties Jointly owned relll estate at 654 Allenview Drive, Mechanicsburg, PennsYlvania inClUding the mortgage to National City Mortgage recorded in the Cumberland County Recorder of Deeds Office in Mortgage Book 1395, Page 630, all real estate taxes, insurance repairs, maintenance, and utilities. Husband agrees to indemnify and hold Wife harmless from any and all debts, costs, taxes, legal fees, or other claims based upon the said mortgage or arising from the said real estate. C. Husband further agrees that on or before December 31, 2001, he shall payof1' or refinance the sa.ld mortgage debt into his sole name at no cost or expense to wife. As security for Husband's obligation he shall execute and deliver a separate mortgage assumption document and further, said assumption shall be co-signed and guaranteed by Husband's parents Edward W. Harker and Jane D. Harker. '. 11. ADDITIONAL INSTRUMENTS: Each or the parties sholl from Lime to time, at the request of Lhe other. execute. acknowledge, and deliver Lo the other party any and all further instruments that may be reasonably required to give full force and effect to the pr'ovisions or the Agreement. 12. VOLUNTARY EXECUTION: The provisions of the Agreement and the legal effect have been fully explained to the parties and it is hereby acknowledged that such provisions are fully understood by said parties and each party concedes that Lhe Agreement is fair and acceptable and is being entered into without force and that it is not the result of any undue duress or undue influence. 13. BREACH: If either party breaches any provisions of this Agreement, the other party shall have the right, at his or her election, to sue for damages, specific performance and such other relief as is provided by law for such breach. and the party breaching this Agreement shall be responsible for legal fees and costs incurred by the other in enforcing his or her rights under this Agreement. 14. LAW OR AGREEMENT: This Agreement shall be construed under the laws of the Commonwealth of Pennsylvania. 15. ENTIRE AGREEMENT: This Agreement contains the entire understanding between the parties and there are no (") <D 0 C C) .'n .",.. = :::~ IJfT.1 111 ich::n n.I,~.t n :;;:-....:;1.) ,- N O"Jm 2~~~;.~ :':Jy Cl -....-. -=JO ~~~ .-C) -:-1,., ....;-., <;) ::0 ..~...o ...._,_.\ ~ Om j~.=-...:. ~, ~ 2: U1 =< :0 --J -< PATRICIA D,HARKER, Plainti ff : IN THE COURT or COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA Vs, : CIVIL ACTION - LA W JOSEPH G, HARKER, Defendant : NO, 98, 4.1 'fit : IN DIVORCE ACCEPTANCE OF SERVICE I, Joseph G, Harker, Defendant, of 654 Allenview Drive, Mcchanicsburg, Pennsylvania, 17055, accept service of the Divorce Complaint in the above maller, Date: f~lA.q 31 \qq~ of NOTAAIALSEAL i VIRGINIA H, DANIELS. Notary Public Carlisla Boro. Cumberland County M Commission Ex Ires 0cI. 19, 2000 (") C ;;.- ....0 Cj "" ;"71 ':-, /'.:) (") .'"rr :;..,,-J :-'h:n ,- ":",!Tl ,-:.:,0 .-, I :'::",C} . ,- -;OJ ;~) ;.D , ~.. ( ") ;.';::; f~ri ~ 55 ..< ~u,'. . rn,", ?f ~".. 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