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Home My WebLink About98-06977 ~ ,0 i<-2) . .j} 7 VI I/) o k.!> t.. '- \~ J r r '~ , ()O 0- ( ~.. I '(J" , ~ tll '7 C:L(,~~,cL MARITAL SETTLEMENT { I BY AND BETWEEN TIl10THY A. GOSS AND BONITA LEE GOSS II II ! Jordan D. Cunningham, Esquire Cunningham & Chernicoff, P.C. 2320 North Second Street P. O. Box 60457 Harrisburg, PA 17106-0457 (Attorney for Timothy A. Goss) I ! i I :1 'I II 'I :, if I q I' .' " !I Ii II Mary Kollas Kennedy, Esquire Kollas and Kennedy 1104 Fernwood Avenue Camp Hill, PA 17011 (Attorney for Bonita Lee Goss) TABLE OF CONTENTS HEADING~ 10. ll. 12. 13. 14. 15. 16. 17. 18. 19. 20. I 2l. I, 22. 23. 24. 25. 26. MODIFICATION ................................................................ .. SEVERABILITY .................................. .............................. BREACH ........................................................................... .. PAGE NOTICE WAIVER OF BREACH ............................. 21 .......................................................................... .. APPLICABLE LAW ............................... 22 ENTIRE AGREEMENT AGREEMENT BINDING OR PARTIES AND HEIRS ....... 22 ........................................................ .. PRIOR AGREEMENTS .................................................... .. INCORPORATION OF DOCUMENTS ................... 23 . MUTUAL COOPERATION ........................... 23 DATE OF EXECUTION .................................................... 24 EFFECTIVE DATE............................................................ 24 AGREEMENT NOT TO BE MERGED ................... 24 EFFECT OF RECONCILIATION OR RECONCILIATION ATTEMPT .................................. .. COUNTERPARTS HEADINGS NOT PART OF AGREEMENT ............... 25 ..........,..... .................. ... .'................." ii 20 20 20 21 22 23 24 25 relinquish any and all right he has or may have to claim any interest or share in said following personal property as set forth in Exhibit "A". HUSBAND shall have sole rights of possession, title and ownership to all property in his possession and also to the following personal property and WIFE does hereby waive and relinquish any and all right she has or may have ,to claim any interest or share in said following personal property as set forth in Exhibit "B". Neither party shall make any claim to any items of, marital property, or of the separate personal property of either party, which are awarded to the other pursuant to the provisions of this Agreement or which are now in the possession and/or under the control of the other. Should it become necessary, the parties each agree to sign, upon request, any titles or documents necessary to give effect to this paragraph. Property shall be deemed to be in the possession or under the control of either party if, in the case of tangible personal property, the item is physically in the possession or control of the party at the time of the signing of this Agreement, and in the case of intangible 8 I I I i I I I I , .~' personal property, if any physical or written evidence of ownership, such as passbook, checkbook, policy or certificate of insurance or other similar writing is in the possession or control of the party. HUSBAND and WIFE do hereby waive and forever release any interest or right either may have to make any claim against or to assert any interest or right to or in any retirement plan, pension plan, profit sharing plan, or other employee benefits of any nature or type, earned or provided to the other. (c) Miscellaneous Propertv: All property not specifically addressed herein shall be hereafter owned by the party to whom the property is titled: and if untitled, the party in possession. This Agreement shall constitute a sufficient bill of sale to evidence the transfer of any and all rights in such property from each to the other. (d) Lump Sum pavment to wife and Propertv to Wife: I As part of the settlement for the equitable distribution of II the parties' "Marital Property", HUSBAND agrees to pay WIFE a I lump sum of Twenty Five Thousand and 00/100 Dollars I I i ! 9 i II I' il II , '. '. ..."(-~~. .,,;,~~""'~ ..~".......I.;Jo,t.....o.-':'-'-'..:"..'LI::':')'J';;~~~,,",,~c..r,~.tlr...I.'~~~~,""~~i~.,.,~:,-",.,_.;"v"'''~~:'';A'j ~.:' --.: '.", '" . ":.. '", '. ~..:;.. ~'1~" ,,' " . " ,.,' ..... (e) Propertv to Husbanq: The parties agree that HUSBAND shall own, possess, and enjoy, free from any claim of WIFE, the property awarded to her by the terms of this Agreement. WIFE hereby quitclaims, assigns and conveys to No. ~:'.:: ' '. ,,;:i~,.~T'1i':":'r~~~"::'""~'>':''"'"'"::'''~':~''':'~.'~" :",,'<::",.,r,';:(,"::"._"":~.,'<'~~:O,. ';',';,' ,_: :','~ _ .~~, ;". ,~. ", HUSBAND all such property, together with any insurance policies covering that property, and any escrow accounts relating to that property. This Agreement shall constitute a sufficient bill of sale to evidence the transfer of any and all rights in such property from WIFE to HUSBAND. (f) Assumption of Liabilities: (i) HUSBAND agrees that he shall be solely responsible for all debt he has incurred in his name alone, including, but not limited ,to, obligations to Harris Savings Bank Account No. 924004800232; Commonwealth Account No. 503356073; Commonwealth Account No. 9380001520; Citibank VISA Account Choice Account USA 4128002310218644; 4428135024029878; PNC VISA Account No. 4270030805008788; American Express Account No. 371388397223009; American Express Account No. 378200837694009; Household Bank Account No. 924004800232; and Discover Card Account No. 601100264350, and HUSBAND further agrees that he will indemnify and hold WIFE II !< II 'I I. i I I 11 "'" II agrees to indemnify and hold harmless the other party and his, or her property from any claim or liability, cost or expense, including actual attorney's fees, that the other party will suffer or may be required to pay because of such debts, encumbrances or liens. (g) Liability Not Listed: Each party represents, '.' "', ..'/:.;.:....". ,c.,...'.: ','" ':., .... .,:.... ...., \." '.~. ,', ,"', ," ". .,:..'., : .,."".::,'. .':....:.'.~. and warrants to the other that he or she has not incurred any debt, obligation or other liability, other than those described in this Agreement, on which the other party is or maybe liable. A liability not disclosed in this Agreement will be the sole responsibility of the party who has incurred or may hereafter incur it, and each party agrees to pay it as the same shall become due, and to indemnify and hold the other party and his or her property harmless from any and all such debts, obligations and liabilities. (h) Indemnification of 1-1ife: If any claim, action or proceeding is hereafter initiated seeking to hold WIFE liable for the debts or obligations assumed by HUSBAND under I I h II :1 II II , Ii i! ;1 " J! II II this Agreement, HUSBAND shall, at his sole expense, defend WIFE against any such claim, action or proceeding, whether or not well-founded, and indemnify her and her property against 13 Each party may change the address for notice to him or her by giving notice of that change in accordance with the provisions of this paragraph. 15. APPLICABLE LAW: All acts contemplated by this Agreement shall be construed and enforced under the laws of the Commonwealth of Pennsylvania in effect as of the date of execution of this Agreement. 16. AGREEMEN'l' BINDING OR PARTIES AND HEIRS: This Agreement, except as otherwise expressly provided herein, shall bind the parties hereto and their respective heirs, executors, administrators, legal representatives, assigns, and successors in any interest of the parties. 17. ENTIRE AGREEMENT: Each party acknowledges that he or she has carefully read this Agreement, including all other documents to which it refers; that he or she has had the opportunity to discuss its provisions with an attorney of his or her own choice, and has executed it vOluntarily; and that this instrument expresses the entire agreement between the parties concerning the subjects it purports to cover. This i i II H !I 22 q :i :i Ii II .. l i I I I I I I I I ~ ell :~ ST: c' t~.: I ..::; (I .~ ~ ; , , , \ '- .:.).. ("I , .: , , ;-. (., \ , ,"yo I ..1 . ' r... . i'IJ i:':: " ~ Cl_ . ,. , , r::-'~ , l' C , C)