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HomeMy WebLinkAbout00-08115 .~~-- =~-- . ..'..' -r"'F ..;, - ~'~A:"',^' "~_,"" ""'-';;,~,.'#!i"- "'~ '~", 'H' " .::-',-,;,.0- -"", .." 'o,'l.~".;,--',:a,;;';;';;i--r-.;" ,t,-, "'o~..i'"",",'"""" '" " ""'-';':"j ,,' ?:::C;~::::~::C~;:,,'::~::C~;~:)3~~::,::~*3::{>!::.::!~:XC{~*:+::~;::':~*:C~;::::~*:C?':,,:XCK:::~!::C~~:):+::~:::':~<C!~':::*::C~;::>3X::~~::.::~~J:)3~~:-::~~::C~;;:):+::~~y;:.w:>!::C!1~~*~::~:~~~~a.'i>n~.~~;::f$.>>);)}*~:~~;. ~ ~ x ~ ~ . " ,'-', ~ ~.": ~ ~.~; ~" . '1";' ~ ~ I ~ Y"}{::~""" -::0>>::.,:: ~":~ , ~-.S ~ ~ ~.~ ~'S ~ r;:; ~ ~ ~.' ~ iA ~ \i'.~ '".". ~ M ~ ,', ~ ,'" ,~'f ts ~ ~~ ~ N ~ .,"" a ~.~ ~ ~'s ~ ~ '",' ~ ~.~ >,,'- * \.~ ~.~ e ~';~ ~ ,..,; ~~~ * ;", ;"S * ~', ~'s ~ IN THE COURT OF COMMON PLEAS "~", ~ N N , OF CUMBERLAND COUNTY "",' a ~.~ h ~ PENNA. ,~", W \i'.' ~." ~ STATE OF .:rOIil'l.J:)~,~~', IV., Plaintiff Versus 'nmmm''',m I I I N o. ..~.o.::~,1,1.?..c:ivg..............19 MARIAS,~,.~~)I;r'", Defendant i ~.,~ DECREE IN DIVORCE AND NOW, _ J ... v.............. '" ".,........... ,..........,., loa ..:<t10/ 't' d d d ...... ' . . . . " I IS or ere an decreed that ....."..,.....". .~ijI'! .J?, .~~. .:w. . . . . . . . . " plaintiff, and. .. . , . , , . .. . . .. . .. , . , .. , . .. ,~,13... N'IP~N, . , . .. .. , . ". defendant, are divorced from the bonds of matrimony. The court retains jurisdiction of the following claims which have been raised of record in this action for which a final order has not yet been entered; . , . , , . :r?!". ~.i.a9:e. ,s!".t.t.1.~t, ~~~t, .d,a;t,e;d, .~Y: .3.1.,. .2pO,o. .i.~ .~~~Y: , , . .. . incopporat.ed ,by. .re.f.~~.e...",....,.,..,......"...."............,..,.... ."".....,.. . ~,y~h~,dILm j\ti~~ m__ ___~~~___ Prothonotary ~~~~~~~~~~~~~~~~~~~ J. ~ I ~.~ ~ ~.~ , '--'. ~ i ~.~ ~.~ ~ _,;0,< ~ ~.~ ,;'", * ~.\! ~..: ~ I ~ ~';~ ~ "'0' ~ \i'.' W" ,.~ t ~.~ i .' ~ ,,,,~ ~'s * ,~,~" ~ .'0.;: ~ ~.~ ~ ~.,; ~.~ ~ ~,~, ~'s ~ ~':. ',;~ ~ ~l ~.~ ~ '~.; ~ ~.~ ~ ',,', ~ ~.~ *. ~.~ ~ ~.~ ~ ~.~ ~ ~.~ ~ ,,' ~ '.' ~ ~.' ~.~ ~ ~ .:.:", 'T I i !,\~-- '" ~ ,,' .<.' - _'~,-,~~_-'"'i_r"~" "'<' ,,- -~ . - >. ."~--"_ ~~-,~- 0" - _,_ ~~_~_ ~-'"' t# iltJl M- {l'Y7 ~~ :;. ~ ~~ ~/h:l/ '71~ ft-'~ ~cp- - , ~- - ",_ ,""",",,' )18" ".,. ~"""_.'!I"_ ". ,_t.-1 ." '__'__',' , - ,-'-"c;' ,. ~ ._ f", ."~~._ _,,', c""' !'"' .". '-"','-- -.',,-' _J~......._ -"- ""~ ~ - "'41.!Illfilil~,,-; " 1':\User FolderlFirm Docs\Gendocs200 111922-1.msa,wpd jJJ#\ MAREITAGESETTLEMENTAGREEMENT THIS AGREEMENT, made thi~tYOf ~ JOHN D. ANDERSON, N, of Cumberland County, Pennsylvania, party ofthe first part, hereinafter , 2001, by and between referred to as "Husband" and MARIA S. ANDERSON, of Cumberland County, Pennsylvania, party of the second part, hereafter referred to as "Wife." WITNESSETH: WHEREAS, husband and wife were married on July 29, 1989, in Union County, New Jersey; and WHEREAS, Husband and Wife have been living separate and apart from each other since at least November 16, 2000; and WHEREAS, husband and wife are residents ofthe Commonwealth of Pennsylvania and have been so for at least the past six (6) months; and WHEREAS, certain diverse, unhappy differences have arisen between the parties hereto which have made them desirous of living separate and apart from one another; and WHEREAS, husband and wife desire to settle and determine certain of their marital rights and obligations, and make an equitable distribution of their marital property; and WHEREAS, it is the intention and purpose of this Agreement to set forth the respective rights and duties of the parties while they continue to live apart from each other and to settle all financial and property rights between them; and Page 1 of 11 ~"L ~_ ". ~--~ .~ ~~" . ~~ WHEREAS, the parties hereto have mutually entered into agreement for the diVisio~their jointly owned assets, the provisions for the liabilities they owe, and provisions for the resolution of their mutual differences, after both have had full and amble opportunity to consult with their respective attorneys, and the parties now wish to have that agreement reduced to writing. NOW, THEREFORE, the parties hereto in consideration of the mutually made and to be kept promises set forth herein and for other good and valuable consideration, intending to be legally bound and to legally bind heirs, successors, assigns, and personal representatives, do hereby covenant, promise and agree as follows: ARTICLE I: SEPARATION 1.1 It shall be lawful for 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 shall deem fit free from any control, restrain, or interference, direct or indirect, by each other. Neither party shall molest the other or compel or endeavor to compel the other to cohabit or dwell with him or her by any legal or other proceedings. The foregoing provision shall not be taken to be an admission on the part of either husband or wife of the lawfulness of the causes leading to them living separate and apart. ARTICLE II: DIVORCE 2.1 This Agreement is not predicated on divorce. It is specifically understood and agreed by and between the parties hereto and each of the said parties does hereby warrant and represent to the other Page 2 of 11 ~c _:~l_ '~-"'f~-O""~-'"" - ''''"''''~'W'<_ , . ~ )IfIJ that the execution and delivery of this Agreement is not predicated upon nor made SUbjeC~ any agreement for institution, prosecution, defense, or for the non-prosecution or non-defense of any action for divorce; provided, however, that nothing contained in this Agreement shall prevent or preclude either of the parties hereto from commencing, instituting or prosecuting any action or action for divorce, either absolute or otherwise, upon just, legal and proper grounds; nor to prevent either party from defending any such action which has been, may, or shall be instituted by the other party, or for making any just or proper defense thereto. It is warranted, covenanted, and represented by husband and wife, each to the other, that this Agreement is lawful and enforceable and this warranty, covenant, and representation is made for the specific purpose of inducing husband and wife to execute this Agreement. Husband and wife each knowingly and understandingly hereby waive any and all possible claims ifthis Agreement is, for any reason, illegal, or for any reason whatsoever of public policy, unenforceable in whole or in part. Husband and wife do each hereby warrant, covenant and agree that, in any possible event he and she are and ever shall be estopped from asserting any illegality or unenforceability as to all or any part of this Agreement. 2.2 It is further specifically understood and agreed that the provision of this Agreement relating to the equitable distribution of property ofthe parties are accepted by each party as a fmal settlement for all purposes whatsoever. Should either of the parties obtain a decree, judgment or order of separation or divorce in any other state, county, or jurisdiction, each of the parties to this Agreement hereby consents and agrees that this Agreement and all its covenants shall not be effected in anyway by any such separation or divorce; and that nothing in any such decree, judgment, order or further modification or revision thereof shall alter, amend or vary any term of this Agreement, whether or Page 3 of 11 i... _, , .1 , IilIll! ~,,~~-~ '"'" oot .th~ oc both of"" pMti~ ""oold ="'Y, il 00ing ~d="''''' by ~d -= tho PMti.l~ this Agreement shall survive and shall not be merged into any decree, judgment or order of divorce or separation. 2.3 It is specifically agreed that a copy of this Agreement may be incorporated by reference into any divorce judgment or decree if or whenever sought by any of the parties hereto. It is understood by the parties that a Divorce Complaint has been filed in the Court of Common Pleas of Cumberland County at Docket Number 00-8115. Such incorporation, however, shall not be regarded a merger, it being the intent of the parties to permit Agreement to survive any such agreements. ARTICLE ill: EOUITABLE DISTRIBUTION OF MARITAL PROPERTY 3.1 The parties have attempted to divide their marital property in a manner which conforms to the criteria set forth in Section 3502 of the Pennsylvania Domestic Relations Code, and taking into account the following considerations: the length of the marriage; the prior marriages of the parties; the age, health, station, amount and sources of income, vocational skills, employability, estate, liabilities, and need for each of the parties; the contribution of one party to the education, training or increased earning power of the other party; the opportunity of each party for future acquisition of capital assets and income; the sources of income of both parties, including, but not limited to medical, retirement, insurance or other benefits; the contribution of dissipation of each party in the acquisition, preservation, depreciation, or appreciation of marital property, including the contribution Page 4 of 11 .... - ~ -I . ,~ ".- ~~"~" ,. ""-'"" " ~ of. pmy ~ . h~_er, th, vmoo of th, pm,,",,, ,,' .pm '" "" porty, th, ,""<hmI Of"~ of the parties established during their marriage. 3.2 The division of existing marital property is not intended by the parties to constitute in any way a sale or exchange of assets and the division is being effected without the introduction of outside funds or other property not constituting marital property. The division of property under this Agreement shall be in full satisfaction of all rights of equitable distribution of the parties. 3.3 The parties shall retain sole and exclusive right, title and possession of all personal property currently in their possession. Except as provided for herein, Husband shall make no claim whatsoever for any personal property in wife's possession. Additionally, except as provided for herein, Wife shall make no claim whatsoever for any personal property in Husband's possession. Should it be necessary for either party to execute any documents to convey title to any such personal property in the other party's possession, they shall do so within thirty (30) days of the execution of this Agreement or within thirty (30) days of the request from the opposing party. 3.4 Except as provided herein, Wife waives any right or interest she may have in Husband's employment benefits, including any pension benefits, retirement plan, stock option purchase plan, profit sharing plan or related matters. Except as provided herein, Husband waives any right or interest he may have in Wife's employment benefits, including any pension benefits, retirement plan, stock option purchase plan, profit sharing plan or related matters. Page 5 of 11 ....-... -""'" ,,~~' - 3.5 .~ ~ Husband and Wife agree to waive and relinquish any and all right that he or she may now have or hereafter acquire in any real or tangible personal property subsequently acquired by the other party. Husband and Wife specifically agree to waive and relinquish any right in such property that may arise as a result of the marriage relationship. ARTICLE IV: RELEASE OF SUPPORT FOR HUSBAND AND WlFE 4.1 The parties herein acknowledge that by this Agreement they have respectively secured and maintained a substantial and adequate fund with which to provide themselves sufficient resources to provide for their comfort, maintenance, and support in the station of life in which they are accustomed. Husband and Wife specifically waive, release and give up any rights for alimony that they may be entitled to pursuant to Chapter 37 of the Pennsylvania Domestic Relations Code. ARTICLE V: DEBTS OF THE PARTIES 5.1 Each party represents to the other that except as otherwise specifically set forth herein, there are no major outstanding obligations of the parties, that since the separation neither party has contracted for any debts for which the other will be responsible and each party indemnifies and holds hannless the other for all obligations separately incurred or assumed under this Agreement. In the event either party contracted for or incurred any debts since the date of separation, the party who incurred said debt shall be responsible for the payment thereof regardless of the name in Page 6 of 11 ~L _.~. . I ,~. . ~-~ ~~""'" . . J$/! which ili, =mrtm'yh<ve b__god H~,,"d "" W;f, ",,"~I""" md_ ""ilioy ~ no outstanding debts or obligations of the Husband and Wife incurred prior to the signing of this Agreement. 5.2 Each party relinquishes any right, title and interest he or she may have to any and all motor vehicles currently in the possession of the other party. Within thirty (30) days of the date of execution of this document, each party shall execute the necessary documents to have said vehicles property registered in the other party's name with the Pennsylvania Department of Transportation. ARTICLE VI: MISCELLANEOUS PROVISIONS 6.1 The provisions of this Agreement and their legal effect have been fully explained to the parties by their respective counselor the parties have waived their right to have legal advice regarding the meaning and implication of this Agreement. The parties acknowledge and accept that this Agreement is, in the circumstances, fair and equitable, that it is being entered into freely and voluntarily, after having received such advice and with such knowledge that execution of this Agreement is not the result of any duress or undue influence and that it is not the result of any collusion or improper or illegal agreement or agreements. 6.2 Husband and Wife do hereby mutually remise, release, quitclaim, and forever discharge the other and the estate of the other, for all times to come and for all purposes whatsoever, of and from any and all legal right, title and interest, or claims in or against the property of the other or against Page 7 of 11 ~L _L - · !..J ..."~, -~,~, ~ ~""ii_....) . the estate of the other, of whatever nature and wheresoever situate, which he or she now has 0 at any time hereafter may have against such other, the estate of such other, or any part thereof, whether arising out of any former acts, contracts, engagements, or liabilities of such other as by way of dower or curtesy, or claims in the nature of dower or curtesy or widow's or widower's rights, family exemption, or similar allowance, or under the intestate laws, or the right to take against the spouse's 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 a deceased spouse's estate, whether arising under the laws of (a) Pennsylvania, (b) any state, commonwealth, or territory ofthe United States, or (c) any other country, or any rights which either party may have or at any time hereafter have for past, present, or future support or maintenance, alimony, alimony pendente lite, source fees, costs or expenses, whether arising as a result of the marital relation or otherwise, except and only except, all rights and agreements and obligations of whatsoever nature arising or which may arise under this Agreement or for the breach of any thereof. It is the intention of Husband and Wife to give to each other by execution of this Agreement a full, complete, and general release with respect to any and all property of any kind or nature, real or personal, not mixed, which the other now owns or may hereafter acquire, except and only except, all rights and agreements and obligations of whatsoever nature arising or which may arise under this Agreement or for the breach of any thereof. 6.3 Each party represents that they have not heretofore incurred or contracted for any debt or liability or obligation for which the estate of the other party may be responsible or liable, except as may be provided for in this Agreement. Each party agrees to indemnifY and hold the other party hannless from and against any and all such debts, liabilities or obligations of each of them, including Page 8 of 11 I. . -JIsIt thO"' r" "~".ti~, "'''PI r" th, obl;",I;~ .n,mg 001 ""hi" A"",=~l Hwb,od ~w;. I, ,- ~'l>\l'." each warrant, covenant, represent and agree that each will, now and at all times hereafter, save harmless and keep the other indemnified from all debts, charges, and liabilities incurred by the other after the execution date of this Agreement, except as is otherwise specifically provided herein. 6.4 No waiver or modification of any of the terms of this Agreement shall be valid unless in writing and signed by both parties and no waiver of any breach hereof or default hereunder shall be deemed a waiver of any subsequent default of the same or similar nature. 6.5 This Agreement shall be construed in accordance with the laws of the Commonwealth of Pennsylvania which are in effect as of the date of execution of this Agreement. 6.6 This Agreement shall be binding and shall inure to the benefit ofthe parties hereto and their respective heirs, executors, administrators, successors and assigns. 6.7 This Agreement constitutes the entire understanding of the parties and supersedes any and all prior agreements and negotiations between them. There are no representations or warranties other than those expressly set forth herein. 6.8 If any term, condition, clause, section, or provision of this Agreement shall be determined or declared to be void or invalid in law or otherwise, then only that term, condition, clause, or provision shall be stricken from this Agreement, and in all other respects, this Agreement shall be Page 9 of 11 _.1 . ,.:..._L wHd ~:oonHn~ In ful1 fu=, _, ~d ",,,,,,1= Uk"';", tho fuil= of ~yportytn ~ ~ -- or her obligation under anyone or more of the articles and sections herein shall in no way void or alter the remaining obligations ofthe parties. 6.9 It is specifically understood and agreed that this Agreement constitutes an equitable distribution of property, both real and personal, which was legally and beneficially acquired by Husband and Wife, or either of them, during the marriage as contemplated by the Domestic Relations Code ofthe Commonwealth of Pennsylvania. 6.10 The parties warrant and represent that they have made full disclosure of all assets prior to the execution of this Agreement. Each party represents and warrants that he or she has made a full and fair disclosure to the other of all of his or her personal property interests of any nature, including any mortgage, pledge, lien, charge, security interest, encumbrance, or restriction to which any property is subject. Each party further represents that he or she has made a full and fair disclosure of all debts and obligations of any nature for which he or she is currently liable or may become liable. Each further represents and warrants that he or she has not made any gifts or transfers for inadequate consideration of Marital Property without the prior consent of the other. Each party acknowledges that, to the extent desired, he or she has had access to alljoint and separate State and Federal Tax Returns filed by or on behalf of either or both Parties during marriage. Page 10 of 11 -"~ . , "~ ~, ""'" 6.11 (f j . In the event either party to this Agreement shall breach any term, covenant or other obligation herein, the non-breaching party shall be entitled, in addition to all other remedies available at law or in equity, to recover from the breaching party all costs which the non-breaching party may incur, including but not limited to filing fees and attorney's fees, in ant action or proceeding to enforce the terms of this Agreement. 6.12 This Agreement shall survive any action for divorce and decree of divorce and shall forever be binding and conclusive on the parties; and any independent action may be brought, either at law or in equity, to enforce the terms of this Agreement by either Husband or Wife until it shall have been fully satisfied and performed. The consideration for this Agreement is the mutual benefits to be obtained by both of the parties hereto and the covenants and agreements of each of the parties to the other. The adequacy of the consideration for all agreements herein contained is stipulated, confessed, and admitted by the parties, and the parties intend to be legally bound hereby. IN WITNESS WHEREOF, the parties have set their hands an eals the day and year first above written. WITNESSED BY: Page 11 of 11 dlli!i ,~ 1 .Jii[~.fsitl~_~~'M~~\\'t'~I.~~11:~.j~~.: :]" I ~, .~- -~ .' ~-~^ " ~J -', '~-;:; '. I, Ii' ,. I-_! I'; , 1: I i n i i " I I' I: 2 <::> 0 s:: -f? , ""O'CG - --~J ~gj ,- ,-1, -n Z ril;:.h I -,"1m CbS; "'7 - I'" -<.c.. 0 !<o -0 ::-1~ ~o :x ;~L. :u :f>3 ""0 ~ orn ~ 0 ~ :0 -< ~I ~ ". ~ "j I '"'<ll.l~J~~ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA JOHN D. ANDERSON, N, Plaintiff v. NO. 00-8115 Civil CNIL ACTION - LAW MARIA S. ANDERSON, Defendant IN DNORCE PRAECIPE TO TRANSMIT RECORD To the Prothonotary: Transmit the record, together with the following information, to the court for entry of a divorce decree: 1. Ground for divorce: irretrievable breakdown under Section 3301(c) ofthe Divorce Code. 2. Date and manner of service ofthe complaint: Via Certified Mail, Restricted Delivery on November 20, 2000. 3. Date of execution ofthe Plaintiff s affidavit of consent required by Section 330 1 (c) of the Divorce Code; May 31, 2001; by the Defendant; May 31, 2001. 4. Related claims pending: None. 5. Date Plaintiffs Waiver of Notice III 93301(c) Divorce was filed with the Prothonotary: June 1,2001. Date Defendant's Waiver of Notice in 93301(c) Divorce was filed with the Prothonotary: June 1,2001. Date: June 1, 2001 LAW OFFICE OF MICHAEL J. HANFT By t::! JJtP: Attorney LD. No. 57976 19 Brookwood Avenue, Suite 106 Carlisle, P A 17013-9142 (717) 249-5373 Attorneys for Plaintiff F:\User FolderlFirm Docs\Gendocs2001\1922-1praecipe.transmit.wpd w '~~"iBWIi~i!€l!?:%M,]~!gfl!.~-"&'\9Th:1!l>""H'~.j.Jth"''fi';''1.r>fl'W.,,,,~~jw.;'''lim~JIli!;~~r"iiIt'"'. - ~.J"'~ jj ':ilUJ "~1iKi1itiIIilI~"'M''''''~~ "'j (') 0 0 C .'":\.'1 31: <- ,~j IFR c:: f'li.?J ,::0 :z: ~'?i I ."Um .J;" cUY ':;:) '_,0 ;.:::0 '"tl -c"""n i~ :x e::>:D ~ zft{ ~ ~ 0 ~ N O~~ " I. , J ~,'~~ . IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA JOHN D. ANDERSON, N, Plaintiff v. NO. 06-g116 ~ CNIL ACTION - LAW MARIA S. ANDERSON, Defendant IN DNORCE NOTICE TO DEFEND AND CLAIM RIGHTS You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take prompt action. You are warned that if you fail to do so, the case may proceed without you and a decree of divorce or annulment may be entered against you by the Court. A judgment may also be entered against you for any other claim or relief requested in these papers by the Plaintiff. You may lose money or property or other rights important to you, including custody or visitation of your children. When the ground for the divorce is indignities or irretrievable breakdown of the marriage, you may request marriage counseling. A list of marriage counselors is available at the Domestic Relations Office, 13 North Hanover Street, Carlisle, Pa. You are advised that this list is kept as a convenience to you and you are not bound to choose a counselor from the list. All necessary arrangements and the cost of counseling sessions are to be borne by you and your spouse. If you desire to pursue counseling, you must make your request for counseling within twenty (20) days of the date on which you receive this notice. Failure to do so will constitute a waiver of your right to request counseling. IF YOU DO NOT FILE A CLAIM FOR ALIMONY, MARITAL PROPERTY, COUNSEL FEES OR EXPENSES BEFORE THE FINAL DECREE OF DIVORCE OR ANNULMENT IS ENTERED, YOU MAY LOSE THE RIGHT TO CLAIM ANY OF THEM. YOU SHOULD TAKE THIS PAPER TO YOUR LA WYERAT ONCE. IF YOU DO NOT BA VE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 2 Liberty Avenue Carlis1e,PA 17013 (717) 249-3166 ~-~ ~~. ~ ,I ~, :--,u."r"",,,"'O,,'\<i"'-' . t IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA JOHN D. ANDERSON, N, Plaintiff v. NO. d1J- 3115~ f~ CNIL ACTION . LAW MARIA S. ANDERSON, Defendant IN DNORCE COMPLAINT IN DNORCE AND NOW, this 16th day of November, 2000 comes Plaintiff, JOHN D. ANDERSON, N, by and through his attorney, Michael J. Hanft, Esquire, and files the following Complaint in Divorce, and in support thereof avers as follows: 1. The Plaintiff is John D. Anderson, N, who currently resides at 537 North Bedford Street, Carlisle, Cumberland County, Pennsylvania 17013. 2. The Defendant is Maria S. Anderson, who currently resides at 204 Meals Drive, Carlisle, Cumberland County, Pennsylvania 17013. 3. The Plaintiff and Defendant are sui juris, and both have been bona fide residents of the Commonwealth of Pennsylvania for a period of more than six (6) months immediately preceding the filing of this Complaint in Divorce. 4. The parties were married on July 29,1989 in Roselle, New Jersey. 5. The marriage is irretrievably broken. The foregoing facts are averred and brought under Sections 3301(c) of the Divorce Code of 1980, as amended. 6. The Plaintiff has been advised of the availability of counseling, and that the Plaintiffmay have the right to request that the Court require the Parties to participate in counseling. ",<...1"" >__ - ~i '" r:J~~_~, c WHEREFORE, Plaintiff requests Your Honorable Court to enter a Decree in Divorce, divorcing the Plaintiff from the Defendant. Respectfully submitted, M'chael J. Hanft, qUIre Attorney ill No. 57976 19 Brookwood Avenue, Suite 106 Carlisle, P A 17013-9142 (717) 249-5373 ~~,~,"",,"- ~ ~ -- iI.. ~ I ~ ~ --~- ...._""""""""'~-;l.,,; VERIFICATION I VERIFY that the statements set forth in the attached document are true and correct to the best of my knowledge, information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. Section 4904 relating to un F:\User folder\Firm DocslForms\LitigationWeriflcation.generic X;h~~ ~ I..... I .[1 I" "_ -' "- ~~.~~ ;-""'."""'-,"""'N"-~: . < IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA JOHN D. ANDERSON, IV, Plaintiff v. NO. 00-8115 CIVIL CIVIL ACTION - LAW MARIA S. ANDERSON, , Defendant IN DIVORCE CERTIFICATE OF SERVICE AND NOW, this 28th day of November, 2000, I, Michael J. Hanft, Esquire, hereby certify that the following person was served with a True and Correct copy of the Complaint in Divorce filed in the above-referenced matter. The Divorce Complaint was mailed on November 16, 2000, but actual service took place on November 20, 2000, by Defendant signing for a copy of the Complaint in Divorce which was mailed in the United States Mail, Certified Mail--Return Receipt Requested, Restricted Delivery, Postage Prepaid, addressed as follows: Maria S. Anderson 204 Meals Drive Carlisle, P A 17013 A copy of the signed Domestic Return Receipt is attached hereto as Exhibit "A" and by reference incorporated herein and made a part hereof. Respectfully submitted, MlbL1Jft Attorney ill No. 57976 19 Brookwood Avenue, Suite 106 Carlisle, P A 17013-9142 (717) 249-5373 F;\User Folder\Firm Docs\Gendocs2000\ 1922_1certificate.service. wpd "-;":-,"""",,,,, 1_~'ri U -"uo ~-~.ihii:~~i!~i.iW&Y;.~ffi~"'~"ti";:;:'i'\i;i;\;i'M'W~.m -" ,~~~~_o- Hi'__ '-,- , -;;"-",,^ ". '~~<"~"""_~',~ _ _"_'_'~,F__",_ ,~"" ~"",,, _"~,,"_." .",_ ",,'.. .w. ~ _'0_ ~ ~-- ~-~",~._wt".lidIl fJ "- . (') ~; ~,S? ~:? ~}. r---- ~ ~-- '---- ....',- ~E~ .-;:::.. -I -< r'-.) ,.,...., ,", .r-~ r' ",,,t ;~',::J !"'..) '.f.) "'0' '___:,1 , II I I i ~. ~ 'tl 'iij 0 Complete items 1 and/or 2 for additional services. CD C;omplete items 3, 4a, and 4b. . ~ 0 Print your name and addreslI on the reverse of this form so thai we can return this !1;l card to you. e 0 Attach this form 10 the front of the mailpiece, or on the back if space does oat CD permit. S 0 Write "Return Receipt Requested" on the ml'lilpiece below the article number. c 0 The REtlum fleceipt will show to whom the article was delivered am! the date o delivered. 'C 3. Article Addressed to: i rr1Q.J1J.tL <3, ~UY\L. ~ ~0+ fY)eCJ.lLc, Dr! u<..... ~ (:(lfll ~:,k-) Aq nG/3 Q Q .. z II: ::l .... W ,,,,,k:-M'" I, - ..... ; SENDER: PSPorm ~. Oecemb~r 1994 '.:. - I also wish to receive the follow- ing services (for an extra fee): 1. 0 Addressee's Address ~estricted Delivery ~~ 4a. Article Number c r:R 31Co ~ 4-9,tfIt, 01 a 9 '-~~ 4b. Service Type o Registered o Express Mail o Return Receipt for Merchanclise 0 COD ~ertified ~ o Insured 7. Date at 9.elivery (0(0 -H 8. A ressee's Address (Only jf requested and fee is paid) "',' 102595-99-~.0223 Domestic Return Receipt ^ _.~~~<ic" ' -", ai u .~ ~ . III 1i 'ifj u ~ II: ~ ~ ~ II: '" ~ iii ~ .e ~ g, " ~ .. "" .... ,. ~ "~""giillrR:)J"!f1,ll:jjBJjjr~il ','.<. :~'~~~~ti;M<\"""tJfl4.<"";';";;'2.:i'~~j.W!M'~l\!I~W~~;~h~.w~~it1i:,, mL ~ ,',', "ffl...., """',",", ".',' _ ~M ~', ~~'"=, ~",,~; <"~,;,_ ,".,;,:'_ ol~;Ri~;('''"o,.:''~_',_", ,C",r<, <_ _ ,,_ . ,'~, -,,", , ','c"',.-'"",_"",,; """V,' .., " ",_u '""',".~ - 'J p: -:;~ ~t j~;~" )>C~ ",'''. ""-'f',_r' "':::, --;0 -, . '-."",",'~ u . ., r' r~ I ii !' :'''>-<1 \,L.' ," 1;:;) ':.n C;::J ~~ '" u .',,", I ,. , " l 'c'.' - -."if; ,~ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA JOHN D. ANDERSON, IV, Plaintiff v. NO. 00-8115 CIVIL CIVIL ACTION - LAW MARIA S. ANDERSON, Defendant IN DIVORCE AFFIDAVIT OF CONSENT COMMONWEALTH OF PENNSYLVANIA) : SS. COUNTY OF CUMBERLAND ) 1. A Complaint in divorce under Section 3301(c) of the Divorce Code was filed on November 16, 2000. 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety days have elapsed from the date of filing and service of the Complaint. 3. I consent to the entry ofa final decree of divorce after service of notice of intention to request entry of the decree. I verify that the statements made in this affidavit are true co statements herein are made subject to the penalties of 18 Pa. . ., S falsification to authorities. erstand that false relating to unsworn Date: E>lot" Notarial Seal Denise L. Nye, Notary Public SOuth Mldllleton l'wp.. Cumberland County My Commission Expires Feb. 26. 2005 Member. Pennsylvania ASSOCIatiOn Of Ofarles F:\User Folder\Firm DocsIGendocs2001\1922-1cosent.jdaiv,wpd ___J ";,<, ,,', ' "",","" = "' _,..'-c ~ ~ ~.^ .~.- ,- ,~, .,. ~ '.. , _'o~' "''''',,^ ~.- ~,~ .~" '~ -; - '" ._e, 'c "N' ",," .... "',;,<",~;;;,""", "." ;,,;;, ;,; ,,," ""'!', 8 c 5;? - ~$ '- !fe :':;1 ~f h':iJ.::tJ I r- 'Of!] - ,;(] ~Cj C), ::; 'ito ~8 -. "7-,' - ~ -0 Qi'J :li:r;: 'Y (5111 ~ C 3? ,~ -.;; .~ ,< ~ '''''''''Ill ~.~ "" "....... j ,.. ""=, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA JOHN D. ANDERSON, IV, Plaintiff v. NO. 00-8115 CIVIL CIVIL ACTION - LAW MARIA S. ANDERSON, Defendant IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REOUEST ENTRY OF A DIVORCE DECREE UNDER &330I(C) OF THE DIVORCE CODE 1. I consent to the entry of a final decree of divorce without notice. 2. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if! do not claim them before a divorce is granted. 3. I understand that I will not be divorced until a divorce decree is entered by the Court and that a copy of the decree will be sent to me immediately after it is filed with the Prothonotary. I verify that the statements made in this Affidavit are true and correct. false statements herein are made subject to the penalties of 18 Pa. falsification to authorities. F:\User Folder\Finn Docs\Gendocs2001\1922-1waiver.jdaiv.wpd d that Date: '."~'d"~~Il.'- _ ~-~~"~~iWhf.@i~Miil4iJif~~~~g!mMJjiliM!ii~!W~\M~~_i~iildn- -. ~~Iiill.( . ,- Ir r, -. ~~" . ,,--,-,-, . l -~- - Ji!;l .iiIiI!llfl"'~-'- "'I ' It I I', " Ii' '!i i ~i !~ C ,,' ~l IW if if I " I, I,' ~ ~ ~ * f; % [2 0 , ~~ - 0 ! <... '"1 'j &;~ fiE :::1 ! I F:):1] ! ,"- ! f?c5 - :t:;j..'11 ,'.0....) I 18 ;:g ,96 I -c- -', 11- 0-;, j ~ i5F,? I .. 0 $ '''' -;: ',-- " ^,~""",=c,=".., ,;~'" - :,J 1~ ".,,,, , I I l <' ".- -, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA JOHN D. ANDERSON, N, Plaintiff v. NO. 00-8115 CNIL CNIL ACTION - LAW MARIA S. ANDERSON, Defendant IN DNORCE AFFIDAVIT OF CONSENT COMMONWEALTH OF PENNSYLVANIA ) : SS. COUNTY OF CUMBERLAND ) 1. A Complaint in divorce under Section 3301(c) of the Divorce Code was filed on November 16,2000. 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety days have elapsed from the date of filing and service ofthe Complaint. 3. I consent to the entry ofa final decree of divorce after service of notice of intention to request entry of the decree. I verify that the statements made in this affidavit are true and correct. I understand that false statements herein are made subjectto the penalties of18 Pa. C. S , Section 4904 relating to unsworn falsification to authorities. Date:,J-/o~ 3 J I 2-00 I Sworn to and subscribed before me this -!>J~ day of m~ ,2001. ~d,~ Notary Public Notarial Seal Denise L. Nye, Notary Public Soulh MIddleton Twp.. Cumllerlend County My COmmiSSIon ExpIres Feb. 26, 2005 Member, Pennsywanla A88ocIalIon at NotarI8$ F:\User Folder\Firm Docs\Gendo~s200 1 \ 1922.1 cosent.tn8a wpd lIiJIU< -'vO:""~';"""'WM\~J'4Miffi~@~&i~'Wl""@,hA'--;';~2iJ-.P""""'~Y-?"~;,,*~~'i_~:!L ~ -~ <.< '-.-="inHil' , - ~ ',' "~O~MiIlI!!IlIIiIII """~ - ~ - - ,~"~ ~~~.~ ~ - - I i I I " ! I " 0 C) I", 0 ~ -oi "I, I C- ::;:! ~!fJ <= :z fi"l :!3 , I ~'~ I :3~;; I I ;,.::0 -0 ::.1 C) :lEg "..':>T. :x ;~t1 S- (-\ >c; ~ 2m 0 ~ '0 :f5 f\> -< ,-~- "'~ ,".,~~",~... -~- ~- - _." ,,1. ..~ < "~'= ""'~i- . IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA JOHN D. ANDERSON, N, Plaintiff v. NO. 00-8115 CNIL CNIL ACTION - LAW MARIA S. ANDERSON, Defendant IN DNORCE WANER OF NOTICE OF INTENTION TO REOUEST ENTRY OF A DNORCE DECREE UNDER &330HC) OF THE DNORCE CODE I. I consent to the entry of a final decree of divorce without notice. 2. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if! do not claim them before a divorce is granted. 3. I understand that I will not be divorced until a divorce decree is entered by the Court and that a copy of the decree will be sent to me immediately after it is filed with the Prothonotary. I verity that the statements made in this Affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. 94904 relating to unsworn falsification to authorities. Date: ~j3fJ 2001 F:\User Folder\Firm Docs\Gendocs2001\1922-1waiver.msa.wpd KUL~r_-,i~-t-.M#fH'r!3t:~!i:Aii81',ii~~~tl1!ti;),l,;.";i~,,,-"";;,~Hd"i'~~'~!yj,}i!~,0'U.M.\r,~~~~i!:'[j ";~~~'ii.I:lJ!~'I-"ufd.,;,; II ~ ~ .~- . ~,. ~-'~" " I ']'~_ ~,.lML"''''''' r 8 0 0 ~$ ., c.... :.;;J - z93 c:: ;;e ,;;fl:D I r- GI)~ ~Qm ~;;. :Oy ~O C\,- ~8 '"'0 :rf: x c):t! ~ ~o ~ ,- T'n 0 j N -< ~ H , I I 1\. [ ! , !' l':, l Ie t, ,: I 1-, " t.; f: I I: , [, I [' \; I' I, ,', 'I I, i: II ii 1: Ii Ii I' i! =- '""< , ",., ...~'-'-,'~-'~".~ MARRIAGE SETTLEMENT AGREEMENT ~ \ F:\User Fokkl\Firm Docs\Geflilotl'1Q()I\II}2.'1.1.rnIa.wpd 1..16+ THIS AGREEMENT, made thi~ day of ,2001, by and between JOHN D. ANDERSON, lV, of Cumberland County, Pennsylvania, party of the first part, hereinafter referred to as "Husband" and MARIA S. ANDERSON, of Cumberland County, Pennsylvania, party of the second part, hereafterreferred to as "Wife." WITNESSETH: WHEREAS, husband and wife were married on July 29, 1989, in Union County, New Jersey; and WHEREAS, Husband and Wife have been living separate and apart from each other since at least November 16, 2000; and WHEREAS, husband and wife are residents of the Commonwealth of Pennsylvania and have been so for at least the past six (6) months; and WHEREAS, certain diverse, unhappy differences have arisen between the parties hereto which have made them desirous of living separate and apart from one another; and WHEREAS, husband and wife desire to settle and detennine certain oftheir marital rights and obligations, and make an equitable distribution of their marital property; and WHEREAS, it is the intention and purpose of this Agreement to set forth the respective rights and duties of the parties while they continue to live apart from each other and to settle all financial and property rights between them; and Page 1 of 11 'LL'_,,:..I.-.I' '''-"'' _-.1 '- -L.'-~'- ~+ -~~ WHEREAS, th, pmri" h_ h", m.,",lly rotored mto "'''''''"' fot tho divi~ ~ jointly owned assets, the provisions for the liabilities they owe, and provisions for the resolution of their mutual differences, after both have had full and amble opportunity to consult with their respective attorneys, and the parties now wish to have that agreement reduced to writing. NOW, THEREFORE, the parties hereto in consideration of the mutually made and to be kept promises set forth herein and for other good and valuable consideration, intending to be legally bound and to legally bind heirs, successors, assigns, and personal representatives, do hereby covenant, promise and agree as follows: ARTICLE I: SEPARATION 1.1 It shall be lawful for 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 shall deem fit free from any control, restrain, or interference, direct or indirect, by each other. Neither party shall molest the other or compel or endeavor to compel the other to cohabit or dwell with him or her by any legal or other proceedings. The foregoing provision shall not be taken to be an admission on the part of either husband or wife of the lawfulness of the causes leading to them living separate and apart. ARTICLE ll: DIVORCE 2.1 This Agreement is not predicated on divorce. It is specifically understood and agreed by and between the parties hereto and each of the said parties does hereby warrant and represent to the other Page 2 of 11 ._~OM ~ ~,J .1 _. ~ ~ ~.. r -. '", " -~~>="'''C",..j" "'" "'" ~~"ti," md d,liv"Y" ili;, A""",,", i, "ot """,,,red "PO" "" """, Wbj~ agreement for institution, prosecution, defense, or for the non-prosecution or non-defense of any action for divorce; provided, however, that nothing contained in this Agreement shall prevent or preclude either of the parties hereto from commencing, instituting or prosecuting any action or action for divorce, either absolute or otherwise, upon just, legal and proper grounds; nor to prevent either party from defending any such action which has been, may, or shall be instituted by the other party, or for making any just or proper defense thereto. It is warranted, covenanted, and represented by husband and wife, each to the other, that this Agreement is lawful and enforceable and this warranty, covenant, and representation is made for the specific purpose of inducing husband and wife to execute this Agreement. Husband and wife each knowingly and understandingly hereby waive any and all possible claims ifthis Agreement is, for any reason, illegal, or for any reason whatsoever of public policy, unenforceable in whole or in part. Husband and wife do each hereby warrant, covenant and agree that, in any possible event he and she are and ever shall be estopped from asserting any illegality or unenforceability as to all or any part of this Agreement. 2.2 It is further specifically understood and agreed that the provision of this Agreement relating to the equitable distribution of property of the parties are accepted by each party as a final settlement for all purposes whatsoever. Should either of the parties obtain a decree, judgment or order of separation or divorce in any other state, county, or jurisdiction, each of the parties to this Agreement hereby consents and agrees that this Agreement and all its covenants shall not be effected in any way by any such separation or divorce; and that nothing in any such decree, judgment, order or further modification or revision thereof shall alter, amend or vary any term of this Agreement, whether or Page 3 of 11 " . - -~ " . : > ~ t h ~. - - ~,~"'~ bo -. '-'-- ",- ':Z~ )IJIJ not either or both ofthe parties should remarry, it being understood by and between the part! that this Agreement shall survive and shall not be merged into any decree, judgment or order of divorce or separation. 2.3 It is specifically agreed that a copy of this Agreement may be incorporated by reference into any divorce judgment or decree if or whenever sought by any ofthe parties hereto. It is understood by the parties that a Divorce Complaint has been filed in the Court of Common Pleas of Cumberland County at Docket Number 00-8115. Such incorporation, however, shall not be regarded a merger, it being the intent of the parties to permit Agreement to survive any such agreements. ARTICLE ill: EOUITABLE DISTRIBUTION OF MARITAL PROPERTY 3.1 The parties have attempted to divide their marital property in a manner which conforms to the criteria set forth in Section 3502 of the Pennsylvania Domestic Relations Code, and taking into account the following considerations: the length of the marriage; the prior marriages ofthe parties; the age, health, station, amount and sources of income, vocational skills, employability, estate, liabilities, and need for each of the parties; the contribution of one party to the education, training or increased earning power ofthe other party; the opportunity of each party for future acquisition of capital assets and income; the sources of income of both parties, including, but not limited to medical, retirement, insurance or other benefits; the contribution of dissipation of each party in the acquisition, preservation, depreciation, or appreciation of marital property, including the contribution Page 4 of 11 ~-~,- ...i , -' . ... -- ~, -~ ,- _ _0. )/JI1 of a party as a homemaker; the value ofthe property set apart to each party; the standard living of the parties established during their marriage. 3.2 The division of existing marital property is not intended by the parties to constitute in any way a sale or exchange of assets and the division is being effected without the introduction of outside funds or other property not constituting marital property. The division of property under this Agreement shall be in full satisfaction of all rights of equitable distribution of the parties. 3.3 The parties shall retain sole and exclusive right, title and possession of all personal property currently in their possession. Except as provided for herein, Husband shall make no claim whatsoever for any personal property in wife's possession. Additionally, except as provided for herein, Wife shall make no claim whatsoever for any personal property in Husband's possession. Should it be necessary for either party to execute any documents to convey title to any such personal property in the other party's possession, they shall do so within thirty (30) days of the execution of this Agreement or within thirty (30) days of the request from the opposing party. 3.4 Except as provided herein, Wife waives any right or interest she may have in Husband's employment benefits, including any pension benefits, retirement plan, stock option purchase plan, profit sharing plan or related matters. Except as provided herein, Husband waives any right or interest he may have in Wife's employment benefits, including any pension benefits, retirement plan, stock option purchase plan, profit sharing plan or related matters. Page 5 of 11 - , 'I J " ~, ~,>,,~. ~ .'~:\jI!lOjj'm' ~Jf 3.5 Husband and Wife agree to waive and relinquish any and all right that he or she may now have or hereafter acquire in any real or tangible personal property subsequently acquired by the other party. Husband and Wife specifically agree to waive and relinquish any right in such property that may arise as a result of the marriage relationship. ARTICLE N: RELEASE OF SUPPORT FOR HUSBAND AND WIFE 4.1 The parties herein acknowledge that by this Agreement they have respectively secured and maintained a substantial and adequate fund with which to provide themselves sufficient resources to provide for their comfort, maintenance, and support in the station of life in which they are accustomed. Husband and Wife specifically waive, release and give up any rights for alimony that they may be entitled to pursuant to Chapter 37 of the Pennsylvania Domestic Relations Code. ARTICLE V: DEBTS OF THE PARTIES 5.1 Each party represents to the other that except as otherwise specifically set forth herein, there are no major outstanding obligations of the parties, that since the separation neither party has contracted for any debts for which the other will be responsible and each party indemnifies and holds harmless the other for all obligations separately incurred or assumed under this Agreement. In the event either party contracted for or incurred any debts since the date of separation, the party who incurred said debt shall be responsible for the payment thereof regardless of the name in Page 6 of 11 , , ~- I I. ~ .-~. -. ;'~ Il.i~ "'~'~'1-' ~ which the account may have been charged. Husband and Wife acknowledge and agree that t have no outstanding debts or obligations of the Husband and Wife incurred prior to the signing of this Agreement. 5.2 Each party relinquishes any right, title and interest he or she may have to any and all motor vehicles currently in the possession of the other party. Within thirty (30) days of the date of execution of this document, each party shall execute the necessary documents to have said vehicles property registered in the other party's name with the Pennsylvania Department of Transportation. ARTICLE VI: MISCELLANEOUS PROVISIONS 6.1 The provisions of this Agreement and their legal effect have been fully explained to the parties by their respective counselor the parties have waived their right to have legal advice regarding the meaning and implication ofthis Agreement. The parties acknowledge and accept that this Agreement is, in the circumstances, fair and equitable, that it is being entered into freely and voluntarily, after having received such advice and with such knowledge that execution of this Agreement is not the result of any duress or undue influence and that it is not the result of any collusion or improper or illegal agreement or agreements. 6.2 Husband and Wife do hereby mutually remise, release, quitclaim, and forever discharge the other and the estate of the other, for all times to come and for all purposes whatsoever, of and from any and all legal right, title and interest, or claims in or against the property of the other or against Page 7 of 11 i.l_ , l_~__ i . '- ~'-'~ "'d~ the estate of the other, of whatever nature and wheresoever situate, which he or she now has 0 at any time hereafter may have against such other, the estate of such other, or any part thereof, whether arising out of any former acts, contracts, engagements, or liabilities of such other as by way of dower or curtesy, or claims in the nature of dower or curtesy or widow's or widower's rights, family exemption, or similar allowance, or under the intestate laws, or the right to take against the spouse's 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 a deceased spouse's estate, whether arising under the laws of (a) Pennsylvania, (b) any state, commonwealth, or territory ofthe United States, or ( c) any other country, or any rights which either party may have or at any time hereafter have for past, present, or future support or maintenance, alimony, alimony pendente lite, source fees, costs or expenses, whether arising as a result of the marital relation or otherwise, except and only except, all rights and agreements and obligations of whatsoever nature arising or which may arise under this Agreement or for the breach of any thereof. It is the intention of Husband and Wife to give to each other by execution of this Agreement a full, complete, and general release with respect to any and all property of any kind or nature, real or personal, not mixed, which the other now owns or may hereafter acquire, except and only except, all rights and agreements and obligations of whatsoever nature arising or which may arise under this Agreement or for the breach of any thereof. 6.3 Each party represents that they have not heretofore incurred or contracted for any debt or liability or obligation for which the estate of the other party may be responsible or liable, except as may be provided for in this Agreement. Each party agrees to indemnify and hold the other party harmless from and against any and all such debts, liabilities or obligations of each of them, including Page 8 of 11 - .;.;.' ,1._+ - -,.,.11, ~l' -~""",~ .""""", those for necessities, except for the obligations arising out ofthis Agreement. Husband each warrant, covenant, represent and agree that each will, now and at all times hereafter, save harmless and keep the other indemnified from all debts, charges, and liabilities incurred by the other after the execution date of this Agreement, except as is otherwise specifically provided herein. 6.4 No waiver or modification of any of the terms of this Agreement shall be valid unless in writing and signed by both parties and no waiver of any breach hereof or default hereunder shall be deemed a waiver of any subsequent default of the same or similar nature. 6.5 This Agreement shall be construed in accordance with the laws of the Commonwealth of Pennsylvania which are in effect as of the date of execution ofthis Agreement. 6.6 This Agreement shall be binding and shall inUre to the benefit ofthe parties hereto and their respective heirs, executors, administrators, successors and assigns. 6.7 This Agreement constitutes the entire understanding ofthe parties and supersedes any and all prior agreements and negotiations between them. There are no representations or warranties other than those expressly set forth herein. 6.8 If any term, condition, clause, section, or provision of this Agreement shall be determined or declared to be void or invalid in law or otherwise, then only that term, condition, clause, or provision shall be stricken from this Agreement, and in all other respects, this Agreement shall be Page 9 of 11 - - ~,- - '. ,~ ,oil . valid and continue in full force, effect, and operation. Likewise, the failure of any party to me his or her obligation under anyone or more of the articles and sections herein shall in no way void or alter the remaining obligations of the parties. 6.9 It is specifically understood and agreed that this Agreement constitutes an equitable distribution of property, both real and personal, which was legally and beneficially acquired by Husband and Wife, or either of them, during the marriage as contemplated by the Domestic Relations Code of the Commonwealth of Pennsylvania. 6.10 The parties warrant and represent that they have made full disclosure of all assets prior to the execution of this Agreement. Each party represents and warrants that he or she has made a full and fair disclosure to the other of all of his or her personal property interests of any nature, including any mortgage, pledge, lien, charge, security interest, encumbrance, or restriction to which any property is subject. Each party furtherrepresents that he or she has made a full and fair disclosure of all debts and obligations of any nature for which he or she is currently liable or may become liable. Each further represents and warrants that he or she has not made any gifts or transfers for inadequate consideration of Marital Property without the prior consent of the other. Each party acknowledges that, to the extent desired, he or she has had access to all joint and separate State and Federal Tax Returns filed by or on behalf of either or both Parties during marriage. Page 10 of 11 ~jj'~ . " . ") .L ~ ......... ~";~il!t~I'f:II!!I.g]r'" .:. ._.'"~, . . , . Afr 6.11 In the event either party to this Agreement shall breach any term, covenant or other obligation herein, the non-breaching party shall be entitled, in addition to all other remedies available at law or in equity, to recover from the breaching party all costs which the non-breaching party may incur, including but not limited to filing fees and attorney's fees, in ant action or proceeding to enforce the terms of this Agreement. 6.12 This Agreement shall survive any action for divorce and decree of divorce and shall forever be binding and conclusive on the parties; and any independent action may be brought, either at law or in equity, to enforce the terms of this Agreement by either Husband or Wife until it shall have been fully satisfied and performed. The consideration for this Agreement is the mutual benefits to be obtained by both of the parties hereto and the covenants and agreements of each of the parties to the other. The adequacy of the consideration for all agreements herein contained is stipulated, confessed, and admitted by the parties, and the parties intend to be gally bound hereby. IN WITNESS WHEREOF, the parties have set their han s d seals the day and year first above written. WITNESSED BY: Page 11 of 11 .~~k!Wjii~-..!;I_'[~"ii,;.iI,.@~""H<)H",-"!~~;_t~.."ltJ:~'tit"~~~llU&lt!!Sliil':",!!jj-~~'I!J;~~~~&~ 2 ~ "'t1W mrn Z::C ZS;:; ~?, ~o ~8 :P'C ~ o - ~ I .r::- ~ -.-:1 _,\:;:;1"'1 p1'p ....o'f'rl -:i:JO (~)6 ~-l-i -:!l ~,~ '2. ~ --0 :::r: ~ o .- , , , I I , I "~I ;,i I, " q i.l 'I II 1,1 Ii i,i