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Home My WebLink About01-0045 FX . . "". ~, I . . . '" "'Of.:f. IN THE COURT OF COMMON PLEAS . . OF CUMBERLAND COUNTY DECREE IN DIVORCE \ · )''\9,. t9-~ ~~"'" JOSEPH A. ABADY STATE OF JOSEPH A. ABADY, Plaintiff . VERSUS PENNY L. ABADY. Defendant . . . . . AND NOW, DECREED THAT . PENNY L. ABADY AND PENNA. No. 2001-45 , ~'?-r-rIs ORDERED AND , PLAINTIFF, , DEFENDANT, ARE DIVORCED FROM THE BONDS OF MATRIMONY. THE COURT RETAINS JURISDICTION OF THE FOLLOWING CLAIMS WHICH HAVE BEEN RAISED OF RECORD iNITHIS ACTlON.FOR WHICH A FINAL ORDER HAS NOT YET BEEN ENTERI:;:D; rv()~ The parties' Property Settlement dated April 29, 2002, is . . . . . . " 1"1 '-., ed herein ATTEST: . . Of. Of. '" '" Of. .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . J. . . . . . . ,.. JOSEPH A. ABADY, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v. : NO. 01-0045 CIVIL TERM PENNY 1. ABADY, Defendant CIVIL ACTION - LAW : IN DIVORCE 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 S 3301(c) 3381{J) of the Divorce Code. (Strike out inapplicable section), 2, Date and manner of service of the Complaint. Service was made on January 8, 2001 by a certified, restricted mail signed for by the Defendant. 3. (Complete either paragraph (a), or (b),) (a) Date of execution of the Affidavit of Consent required by S 3301(c) of the Divorce Code: by the Plaintiff: April 26, 2001; by the Defendant: April 8, 2002, (b) (I) Date of execution of the Plaintiffs Affidavit required by S 3301(d) of the Divorce Code: (2) Date of sefVlce of the Plaintiffs Affidavit upon the Defendant: 4. Related claims pending: None, Parties' Property Agreement signed April 29, 2002 is incorporated, but not merged herein. 5. (Complete either (a) or (b); (a) Date and manner of service of the Notice of Intention to File Praecipe to Transmit Record, and a copy of which is attached: . (b) Date of execution of the Waiver of Notice of Intention to File Divorce Decree as required by S 3301(c) of the Divorce Code: by the Plaintiff: April 26, 2001; by the Defendant: April 8, 2001, Date: June 12,2002 Thomas S. , Es uire Attorney for Plaintiff "', " ... r!>l:,~ . II"""" ~ " . (") <::> 0 c N 'T1 s: c_ :--::1 -ocr.) c:: ~DJ z i~i~ l!::':- ~j.) Zr;:- -"8m (f) --,",'~ .r.:- ?QY -<' ~;:' r:: CJ .." -=:;0 ):'::C'" "i~'" :l!: ,;-):D Z(....:.' ~~~~ )> --: C:? c:. Z :n ~ ::< -~ ~( ",,~!I"1~~~M'>rI1'i\:Jii:-P!;ii3'I'~Y~_"~",~<-.,"'~!ll~Jf! -~ '.' ~,-_,-~, ~-"--~7'~ JOSEPH A. ABADY, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v, ;NO.OI- '-IS: CIVIL TERM PENNYL. ABADY, Defendant : CIVIL ACTION - LAW : IN DIVORCE 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 divorce is indignities or irretrievable breakdown of the marriage, you may request marriage counseling. A list of marriage counselors is available in the Prothonotary's Office at the Cumberland County Courthouse, Carlisle, Pennsylvania. IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY, LAWYER'S FEES OR EXPENSES, BEFORE A DIVORCE OR ANNULMENT IS GRANTED, YOU MAY LOSE THE RIGHT TO CLAIM ANY OF THEM. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE, IF YOU DO NOT HAVE 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 Carlisle, Pennsylvania 17013 (717) 249-3166 - v, : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 01- 1-/5' CIVIL TERM JOSEPH A. ABADY, Plaintiff PENNYL. ABADY, Defendant : CIVIL ACTION - LAW : IN DIVORCE COMPLAINT IN DIVORCE UNDER SECTION 3301(c) OR 3301(d) OF THE DIVORCE CODE The Plaintiff, Joseph A. Abady, through his attorney, Thomas S. Diehl, makes the following Complaint in Divorce, and, in support thereof, avers as follows: 1. The Plaintiff, Joseph A. Abady, is an adult individual who currently resides at 6315 Locust Lane. Mechanicsburg, Cumberland County, Pennsylvania 17055, 2. The Defendant, Penny L. Abady, is an adult individual who currently resides at 59 Gasoline Alley, Carlisle, Cumberland County, Pennsylvania 17013. 3. The Defendant and the Plaintiff have been bona fide residents of the Commonwealth of Petmsylvania for at least six months immediately prior to the filing of this Complaint. 4. The Plaintiff and the Defendant were married on July 4, 1996 in Mount Holly Springs, Cumberland County, Pennsylvania. 5. There have been no prior actions of divorce or for annulment between the parties. 6, The Defendant is not a member of the Armed Forces of the United States of America or its Allies. "",_., '-, r8~, - ''"',"__.__.,_,--, ~._" __'." . > "1""1 .. I ,~ _ ," ,- r -'I '-' 7. The Plaintiff has been advised of the availability of counseling and the right to request that the Court require the parties to participate in counseling, Knowing this, Plaintiff does not desire that the Court require the parties to participate in counseling. 8. Plaintiff and Defendant are citizens of the United States of America. 9. The parties' marriage is irretrievably broken. WHEREFORE, the Plaintiff, Joseph A. Abady, respectfully requests your Honorable Court to enter a decree in divorce pursuant to 23 P.S, S 3301(c) or 3301(d) of the Divorce Code. Date: J40\ :J~ .J~L ~Jt... omas S, Diehl Attorney for the Plaintiff One West High Street, Suite 208 Post Office Box 1290 Carlisle, Pennsylvania 17013 (717) 240-0833 (717) 240-0893 - FAX ~'-.~--,-< I." _".__e<~~ ._~_ .r_~""""'~_'_,,_ _~~ _"_ ,,_., -I\'!!I-...- . _.,., " - VERIFICATION I verifY that the statements made in this Complaint are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. 9 4904, relating to unsworn falsification to authorities, ~A~:~f ":\, .,,,, I <; 0 ~-- ,-, .!'. f'.,~'~ '.,.' _'m , ;""?;-''''~''-I'''1 ' -- -' ,-, - ' -~- JOSEPH A. ABADY, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v, : NO. 01-0045 CIVIL TERM PENNYL. ABADY, Defendant : CIVIL ACTION - LAW : IN DIVORCE AFFIDAVIT OF SERVICE AND NOW, this 9th day of January 2001, comes Thomas S, Diehl, Esquire, Attorney for the Plaintiff, Joseph A. Abady, and states that he had cause to be mailed a certified copy of a Complaint in Divorce to the Defendant, Penny L. Abady, at 59 Gasoline Alley, Carlisle, Pennsylvania by certified, restricted delivery, return-receipt requested, A copy of said receipt is attached hereto indicating service was made on January 8, 2001. Respectfully submitted, ~~-jLJ; )J , Thomas S, Diehl Attorney for the Plaintiff One West High Street, Suite 208 Post Office Box 1290 Carlisle, Pennsylvania 17013 (717) 240-0833 (717) 240-0893 - FAX "<-,,,,o-,,,,_,,_~,,_,,,__ - ",,, _ "-'" _ _ _ < _'.I""k~. . , ,_ '>-.,- ITI "" l'- nJ ITI Postage $ .55 ..-'I ITI CertifiedFea 1.40 l'- Retum Receipt Fee 1.25 l'- (Endorsement Required) nJ 0 Restricted Delivery Fee 2.75 0 (Endorsement Required} CJ Total PolStage & Fees $ / CJ . -. .r -II Rscipient'$ Name (please Prtnt Clearfy) (to ~ comple. !ll.?1.1:;2_...--..... -7 _. CJ?.~m:J..Y._.~gy_...____.._._.___._......_...u__..n~___::'.::~::.:._:...~:_._.__ o "S!l't'&ag~:E'tReoX~ley .. o ~ '~fflm;"'PA""'i76i3'''''''''''''''''''''''''''''''''''''''''''''''' PS l'OIJ'l'l 3800, f..:bruary 2000 . Complete items 1, 2, and 3. Also complete item 4 if Restricted Delivery is desired. . Print your name and address on the reverse so that we can return the card to you. . Attach this card to the back of the mailpiece, X or on the front if space permits. 1. Article Addressed to: -:~""l PENNY L. ABADY 59 GASOLINE ALLEY CARLISLE, PA 17013 'I 3. Service Type , . XJ!Xcert;~edMfl~~rr.n o Registered ~elrrP~~fp.tf rJljmrMnctl~: o Insured Mail .D lC ;:- 2. Article Number (Copy fi'om seme.lab.V 7000 0600 0027 7313 2783 PS Form 3811 . July 1999 Domestic Return Receipt 102595-0Q.M-0952 < JOSEfHA. ABADY, PI<J.intiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v, : NO. 01-0045 CIVIL TERM , PENNY 1. ABADY, Defendant : CIVIL ACTION - LAW : IN DIVORCE AFFIDAVIT OF CONSENT I. 3,2001. A complaint in divorce under S3301(c) of the Divorce Code W<J.S filed on J<J.nwrry 2. The mllITi<J.ge of the PI<J.intiff and Defendant is irretriev<J.bly broken and ninety (90) d<J.Ys h<J.ve el<J.psed from the d<J.te of filing and service of the Compl<J.int. 3, I consent to the entry of <J. Fiml Decree of Divorce <J.fter service of notice of intention to request entry of the Decree, 1 verify 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. S 4909 relating to unsworn falsification to authorities. ~A~D~tiff Date: LI - 2.. ~ - () I WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER ~3301(c) OF THE DIVORCE CODE I. I consent to the entry of a Final Decree in 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 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. I understand that false statements herein are made subject to the pen<J.lties of 18 Pa,C.S. S 4909 relating to unsworn falsification to authorities, Date: Lj ~], (, ~ 01 =~~~ SEPH A, ABADY, Plain f '-~ ~~'-I " ' ~-- 1""1 ,; "' :Jl!!!!I!JJ.......__ .~.~~,1!I1ll'1' ~; ,,~, . <) <:::;) c: 0 ~--- "r, -On; ;T.:;ito .-, rnn'; .'0 2:"" ::0 71 2:- w ,'- cr};:,: >~ t"9 -<~:.:~ ,=> !-...~-: =)(l... ~- c:; :)>, -0 -=! .::/ "7C; ...."... (.~)jj $() ....JJ.. r:y -5-0 c: olT1 2: ..... ::.! (..." it -!:'"" -< ~ ~ltlI'iIf"l'!!ll!tl~~~~r.'_~iI;!'il!f.'\I!''''~.'i';I'I\''~;t.~.-'P1I'''1I'''iP~';~.r~','''''",'O,''';'''''''f'''~'~~<..."'1'"''''''.I''!''''4<!,""T;;t:;'''';~',n1'''""I!<'',f,),..-1''''''!<0'.'!'''w+;.~.'l[:~ . Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA JOSEPH A, ABADY , v. : CIVIL ACTION - LAW Defendant : NO. 01-45 CIVIL TERM : IN DIVORCE PENNY 1. ABADY AFFIDAVIT OF CONSENT 1, A Complaint in Divorce under Section 3301 (c) of the Divorce Code was filed on January 3,2001. 2, The marriage of Plaintiff and Defendant is irretrievably broken and ninety (90) days have elapsed from the date of filing the Complaint. 3. I consent to the entry of a final decree of divorce after service of notice of intention to request entry ofthe decree. I verify that the statements made in this Affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 .Pa. C.S, S 4904, relating to unsworn falsification to authorities. Date: i - S-- '-O,;z 0/Y7~ '3-~~eLL Penny 1. Welchfff'rmerly Penny 1. Abady, Defendant -'" .- ,~'". , "- ,"'"I il!l .~ ~ ~.n", . ,-, .~ ~ ., ~. 't'~i-'J rJ.-"- '_S---rr)-rif'~--hl:\L.tijij']ttrrr, ':i,j;;-s~-'1i";'N ... (") C -utt. rtl rT': Z~, ~$ ~'-"- 7(.''-: ;== C) ?C :z; :.2 C) l') -- -"'" ":':;<i~ :..< L" C) n -"h ""0 .'-;T' _~n" :J,~ ~. ! ..____ S'i':, '-....n -J;~~; ,.~ ...-n ~.r ~ r;? r.....) .0 "'1""f'".....'"~, ~~ .~ ~ ~~" ~~_~....Th...._~~~~f;:I~,"'_"'~_""''f,,;r~"!'';-<''jf!'',-<w'),.~~~'".~~'''i""''%!''!~~"'''~~.i'l~''!'1!I~~~'' .=. , Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA JOSEPH A ABADY , v. : CIVIL ACTION - LAW Defendant : NO, 01-45 CIVIL TERM : IN DIVORCE PENNY L. ABADY, WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER ~ 3301(c) OF THE DIVORCE 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 I 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. 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: L/ ~ s:-~ Od--... ~4tvZcl $- ~~~ Penny L. elch, formerly Penny L. Abady, Defendant ~~ .""1 - , . Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA JOSEPH A ABADY , v. : CIVIL ACTION - LAW Defendant : NO, 01-45 CIVIL TERM : IN DIVORCE PENNYL. ABADY NOTICE OF ELECTION TO RETAKE PREVIOUS NAME Notice is hereby given that Penny L. Abady, the Defendant in the above matter, hereby elects to retake and hereafter use her previous name of Penny L. Welch. ~/7?#:-J'- nfi/-~ Penny L. Abady TO BE KNOWN AS: 114fA{~:J:- f.A~~k~~ Penny:e, Welch COMMONWEALTH OF PENNSYLVANIA ) : ss, COUNTY OF CUMBERLAND ) On the 26th day of November, 2001, before me, a Notary Public, personally appeared Penny L. Welch, known to me to be the person whose name is subscribed to the within document and acknowledged that she executed the foregoing for the purpose therein contained, IN WITNESS WHEREOF, I have hereunto set my hand and official seal, NOTARIAL SEAL SHELLY SEXTON, NOTARY PUBLIC CARLISLE BORO. CUMBERlANO COUNTY MY COMMISSION EXPIRES APRIL 26, 2003 Member, Pennsylv~nia Association of Notaries "'..........'1 . ~ . "1""1'1 f"1 .. ill '...".,...""",,,,", '~l~''''"''"'!iJ,l ~" ^~ 'I '",,,_ ;!lI' _'1"'~" <~ ,~ " ,-. < -, ~, .'." ,,' ,"'~"" ~. ~~ ~ ~ w Gv "\) ~ ~ h",,"'," " '::'ii- ' ",/ -':" \li'r~J "'f"11[\''l'':"t''tl''i-'' 'Trv'h;~'> 1_~;, '\.j ~ '\ '\ ~ o ~ "-. ~8! &F 5>(- 2~,C; )>r!- 2; =< o !"O <(0 (,~ ~ ~ IN C(1 :;.- (-;) ~ C)'t' -T) ;>:. ;]~~ ,~~ ?~ ~1 :::~::: 'Tl :<: "'_," ~. _~ __"""lWl~~~~~~)f.!'1\q~i'(':"mp'-)"":O"'~1'''~-'-"''''''''~_~~!l'i''Ifi.J!U11!I!l'<mUf'II!W~'1'!'~~t_ '~ , . , . JOSEPH A. ABADY Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v. : CIVIL ACTION - LAW PENNY L. ABADY Defendant : NO. 01-45 CIVIL TERM : IN DIVORCE MARITAL SETTLEMENT AGREEMENT AGREEMENT, made this 4?j'~y of April 2002, between Penny L. Welch, formerly Penny L. Abady (hereinafter called "Wife") and Joseph A. Abady (hereinafter called "Husband"). WITNESSETH: The parties hereto are Wife and Husband, having been married on July 4, 1996, at Carlisle, Cumberland County, P A. There was one children born of this marriage, namely, Desiray A. Welch, dob November 19, 1992. Diverse unhappy differences, disputes and difficulties have arisen between the parties and it is the intention of Wife and Husband to live separate and apart for the rest of their natural lives, and the parties hereto desire to settle fully and finally their respective financial and property rights and obligations as between each other, including without limitation: (1) the settling ofall matters between them relating to the ownership of real and personal property; (2) the settling of all matters between them relating to the past, present and future support and/or maintenance ofWtfe by Husband and of Husband by Wife; and (3) in general, the settling of any and all claims and possible claims by one against the other or against their respective estates. NOW THEREFORE, in consideration of the premises and of the mutual promises, covenants and undertakings hereinafter set forth and for other good and valuable consideration, "'h~"",.. I "~"' 1'''''1 , ! -~ , . receipt of which is hereby acknowledged by each of the parties hereto, Wife and Husband, each intending to be legally bound hereby, covenant and agree as follows: 1. ADVICE OF COUNSEL Wife and Husband declare that each has had a full and fair opportunity to obtain independent legal advice of counsel of her and his selection; that Wife has been independently represented by Taylor P. Andrews, Esquire and that Husband, has been independently represented by Thomas S. DieW Esquire, 2. PERSONAL RIGHTS Wife and Husband may and shall, at all times hereafter, live separate and apart. Each shall be free from all control, restraint, interference or authority, direct or indirect, by the other in all respects as fully as if she or he were unmarried, Each may reside at such place or places as she or he may select. Each may, for her or his separate use or benefit, conduct, cany on and engage in any business, occupation, profession or employment that to her or him may seem advisable, This provision shall not be taken, however, to be an admission on the part of either Wife or Husband of the lawfulness of the causes that led to, or resulted in, the continuation of their living apart. Wife and Husband shall not molest, harass, disturb or malign each other or the respective families of each other, nor compel or attempt to compel the other to cohabit or dwell by any means or in any manner whatsoever with her or him, 3. PERSONAL PROPERTY The parties acknowledge that they have heretofore divided between them, at the time of their separation, all their tangible personal property to their mutual satisfaction, except as otherwise stated herein. Henceforth, each of them shall own, have and enjoy independently of any claim or right of the ~ '", I-I other all items of personal property of every kind, now and hereafter owned, or held by him or her, with full power to dispose of same as fully and effectively in all respects and for all purposes as ifhe or she were unmarried. To achieve a division of marital property that the parties agree is equitable, Husband agrees to pay to Wife one thousand ($1,000,00) dollars as follows: Two hundred ($200,00) dollars on or before April 19, 2002, and the balance of eight hundred ($800.00) dollars in eight consecutive monthly payments with the first payment on or before May 4,2002 and each succeeding payment on or before the 4th day of each month thereafter. 4, WARRANTIES Husband and Wife each warrant to the other that they have disclosed all existing marital property or non-marital property. Each warrants that he/she has not concealed or failed to disclose the existence of any marital or non-marital property. S. SUPPORT Wife and Husband do hereby waive, release and give up any rights they may respectively have against the other for alimony, support or maintenance, It shall be from the date of this Agreement the sole responsibility of each of the respective parties to sustain themselves without seeking any support from the other party. 6. CUSTODY Husband agrees that Wife may have custody ofDesiray A. Welch on Sunday, April 14th to attend a concert out of the area. In all other respects, terms of custody and visitation shall be as agreed by the parties or as determined in a separate action. 3 ,il"'j rl'"'l , , - 7, LIABILITIES Wife and Husband each covenant, warrant and 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 prior to or after the effective date of this Agreement, except as may be otherwise provided by the terms of this Agreement. 8. NO BAR TO FURTHER PROCEEDINGS This Agreement shall not be considered to affect or bar the right of Wife or Husband to a limited or absolute divorce on lawful grounds if such grounds now exist or shall hereafter exist or to such defense as may be available, It is agreed that this Agreement shall not be impaired by any divorce decree which may be granted but shall continue in full force and effect notwithstanding the granting of any such decree. This Agreement is not intended to condone and shall not be deemed to be a condonation on the part of either party hereto of any act or acts on the part of the other party which have occasioned the disputes or unhappy differences which have occurred prior to or which may occur subsequent to the date hereof. 9, DIVORCE Husband has commenced a divorce action in the Cumberland County Court of Common Pleas at No. 01-45, Husband and Wife agree to sign consents to the entry ofaDivorce decree at the time of the signing of this agreement for filing with the Court within 10 days after the signing of this agreement. At the same time that a consent for divorce is filed Husband and Wife shall also sign and q O;!!!, __~"""'I '.' o~ ''''''1 , 1 file a written waiver of notice that the other party is seeking the entry of a divorce decree. The tenns of this agreement shall be incorporated into the divorce decree, but shall not be merged into the divorce decree, 10. MUTUAL RELEASE Wife and Husband each do hereby mutually remise, release, quitclaim and forever discharge the other and the estate of such other, for all time to come, and for all purposes whatsoever, of and from any and all rights, titles and interests, or claims in or against the property (including income and gain from property hereafter accruing) of the other or against the estate of such other, of whatever nature and wheresoever situate, which she or he now has or at any time hereafter may have against the other, the estate of such other or any part thereof, whether arising out of any former acts, contracts, engagements or liabilities of such other or 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 of the United States, or ( c) any other country, or any rights which Wife may have or at any time hereafter have for past, present or future support or maintenance, alimony, alimony pendente lite, counsel 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 Wife and Husband to give to each other by the execution of this Agreement a full, complete and general release with respect to any and all property of any kind or nature, real, 5 ..'!'! ""1 , ~ . ~ I'll personal or 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, subject, however, to the implementation and satisfaction of the conditions precedent as set forth herein above, 11. OTHER DOCUMENTATION Wife and Husband covenant and agree that they will forthwith (and within at least ten days after demand therefor) execute any and all written instruments, assignments, releases, satisfactions, deeds, notes or such other writings as may be necessary or desirable for the proper effectuation of this Agreement, and as their respective counsel shall mutually agree should be so executed in order to carry out fully and effectually the terms of this Agreement. 12. SUCCESSORS' RIGHTS AND LIABILITIES . This Agreement shall, except as otherwise provided herein, be binding upon and inure to the benefit of the parties hereto, their respective heirs, executors, administrators, successors or assigns. 13, ENTIRE AGREEMENT " Wife and Husband do hereby covenant and warrant that this Agreement contains all of the representations, promises and agreements made by either of them to the other for the purposes set forth in the preamble hereinabove; that there are no claims, promises or representations not herein contained, either oral or written, which shall or may be charged or enforced or enforceable unless reduced to writing and signed by both of the parties hereto; and the waiver of any term, condition, 6 "!ii, ,~~ _~ 1"'1 .~ ~~ , . clause or provision of this Agreement shall in no way be deemed to be considered a waiver of any other term, condition, clause or provision of this Agreement, 14, BINDING EFFECT OF AGREEMENT This Agreement shall remain in full force and effect unless and until terminated pursuant to the terms of this Agreement. The failure of either party to insist upon strict performance of any of the provisions of this Agreement shall not be construed as a waiver of any subsequent default of the same or similar nature, If one party breaches this agreement, and the other party must seek action by the Court to enforce the agreement, the non-breaching party may recover from the breaching party his/her own reasonable counsel fees and costs oflitigation. 15, SEPARABILITY If any term, condition, clause 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 valid and continue in full force, effect and operation. Likewise, the failure of any party to meet her or his obligations under anyone or more of the paragraphs herein, with the exception of the satisfaction of the conditions precedent, shall in no way avoid or alter the remaining obligations of the parties, 16. HEADINGS Any headings preceding the text of the several paragraphs and subparagraphs hereof are inserted solely for convenience of reference and shall not constitute a part of this Agreement nor shall they affect its meanings, construction or effect. 7 '-PL" , Ie ", ' 1....1 . . 17. EFFECTIVE DATE The effective date of this Agreement shall be the date upon which it is executed. 18. CONTROLLING LAW This Agreement shall be construed in accordance with the laws of the Commonwealth of Pennsylvania, IN WITNESS WHEREOF, the parties hereto have set their hands and seals the day and year first above written. This Agreement is executed in duplicate, and in counterparts, and Wife and Husband, as parties heret acknowledge the receipt of a duly executed copy hereof ~~ d-- (.-t~ek Pe y 1. Welch, formerly Penny 1. Welch,Wife tl:::tfAb~y,a6 8 .~, " r I-I ~ - ^~, . ~. ~ " , '~',~ "'~j-' ;' -,x,;'>t ""," 'Joo"'c;;";;-1;-'iC':' i-'-'T><~'~'~""-rl~:trToIT"'Tr~~1f;'Jl~J[r~~-'f~~ti11.~.fi"~11' 2 s: -oGJ rrlrn Z,"::C, ~~; ~~~ ::) -~ ~-. ~_<__~,~~~~~_~,_~~~~ftlll!llli!!!_~JiI!'-~:~l'i"ll-~,*j'j""""" ,~,,>,"'':''''!,~ ,-' " ""';':""""':"'JF'~~m'i'[%:""''''''H_1iHW' ;i''''i''''~'C'''''''1.''l'i!''Ilm;'-'jil'''':'_''''1ffil!Y0i'Jl~ff'f':~ o r~...) ,- c:: :;;1:: ~ .t.:- ....., ~T' ~<.::!J ,,1, -;-Jm "_'~O (:itS :::::::l-'Tt 't,." ..,-.-~- 2~~ ~' . .,.~ ~ F"(' ..;c'.., :..,.) .,.. ,0 t~