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81 IN THE COURT OF COMMON PLEAS .
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~ OF CUMBERLAND COUNTY 8
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: STATE OF ~(~ ',;~J PENNA. ~
~ DENNIS M. WENTLING ~
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PLAINTIFF
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JEAN C .WENTLI~(i""IS
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DE~'ENDANT
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DECREE IN
DIVORCE
AND NOW,..,,,, A.p,~J ,\ lQ",.,." 191'1"" it is ordered and
decreed lhat .",.", De.n~is. .M~, We,~tli.nQ , , , , , , , " , , , , ., , , , " plaintiff,
and, """ ,J?a,n, c,'"We;~tl,in9", . "". " "''''''''''''', ", defendant,
are divorced from the bonds of matrimony,
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The court retains jurisdiction of the following claims which have
been raised of record in this action for which a finol order has not yet
been entered;
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The Marital Property and Settlement Agreement dated February
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22, 1999 is hereby incorpora ted ,int?, this. ,De;c~,e,e; , in, pi ':'?,~ce ~, ,
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HARll.~P,R()PEiM'X,...AHD_U,TTJdK.l1iT...AGRUIWi~
THIS AGREEMENT, made this 22nd day of February 1999, by.
and between Jean Capps Wentling, party of the first part,
hereinafter referred to as "Wife", and Dennis Michael W\3ntling,
party of the second part, hereinafter referred to as "Husband".
WITNESSETH:
WHEREAS, the parties hereto are husband and wife, having
been married on January 2, 1988; and
WHEREAS, certain differences have arisen by and between
the parties as a result of which they have now separated and the
parties hereto are desirous of settling fully and finally their
respec,tive financial and property rights and obligations as
between each other including, without limitation by specification:
the settling of all matters between them relating to the ()w~lership
and equitable distribution of real and personal property; t,~le
settling of all matters between them rela'ting to the past, present
and future support, alimony and/or maintenance of Wife by Husband
or of Husband by Wife; and in general, the settling of any and all
claims and possible claims by one against the other or against
their respective estates.
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WHEREAS, the parties being fully advised as to their
respective rights, duti0s and obl;i.gations growinq out of their
marital status, particularly with respect to the relevant sections
of the Divorce Code, Act of April 2, 1980, P.I.. 63, Act No. 26, ilJl
gmgndeQ.." 23 P.S. 3101 !tt_~,~g!. and being fully aware of their
right to consult with or having consulted with their respective
legal counselor advi.sors, Andrew C. Sheely, Esquire, Attorney for
Wife, and Michael S. Travis, Esquire, Attorney for H\\sband, and
havin~ had the opportunity and ability to request a full and
complete disclosure of income and assets from the other, and
reviewing this Agreement, have come to an agreement as to each and
all of the~r said matters of property and relations; and
WHEREAS, Husband has filed a No-fault Complaint in
Divorce, said Complaint bei.ng docketed in the Cumberland County
Prothonotary's Office at 99 - 6.
NOW, THEREFORE, in consideration of the above recitals
and the mutual covenants hereinafter set forth, each of the
pal"ties hereto intending to be legally bound hereby by affixing
their hands and seals agree as followsl
1. Al21lICIk_QfCQ1!N1?EL
Husband and wife acknowledge that they have been given
the opportunity to obtain the advi'Je of counsel regarding the
provisions of this Agreement and their legal effect in advance of
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the date set forth above to permit such independent review. Each
paI'ty aCllmowledges t.hat he or she has had the opportuni-ty to
receive independent legal adv.lce from counsel fronl his or her
llelection, and that each fully understands the facts and has been
fully informed as to his or her legal rights and obligations, and
each party acknowledges and accepts that th is Agreement is, and
the c.lrcumstancHs, fair and equitable, after having the
opportunity to receive such advice and with such knowledge, and
that execution of this Agreement is not the HlSUlt of any improper
or illegal agreement or agreements. In addition, each party
hereto acknowledges that he or she has had the opport.unity to be
fully advised by- his or her respective attorney of the impact of
the Pennsylvania Divorce Code, whereby the court has the right and
duty to determine all marital rights of the parties including
divorce, alimony, alimony pendente lite, equitable distribution of
all milrital property or property owned or possessed individually
by the other, counsel fees and costs of litigation and, fully
knowing the same and having the opportunity to be fully advised of
his or her rights thereunder., each party hereto still desires to
execute this Agreement, acknowledging that the terms and
conditions set forth therein are fair, just and equitable to each
of the parties, and waives his and her respective right to have
tho Court of COlllmon Pleas of Cumberland County, or any other court
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of competent jurisdiction, make any determination or order
efff.!cting the respective parties rights to a divorce, aLimony,
aLimony pendent.e lJte, equitable distribution of all marital
property, counsel fees and costs of litigation.
2 . I2EFARM'XQN
It shall be lawful for each party at all -times hereafter
to live separat.e and apat-t from each ot.her in such place or places
as he or she may from time to time choose or deem fit..
3 . INTEJi!':E1UHiCE
Each party shall be free from interference, authority
and control, direct. o,r indirect, by t.he other as fully as if he or
she wet'e single and unmar,ried. Neither shall molest the other or
compel or endeavor to compel the other to cohabit ate or dwell with
him or her, or to in any way harass or malign the other.
4 . NMYl!:I\.0E..<:::LbJJ1S----AGAINST _Ii;WI'~TES
Except as otherwise provided herein, Husband
relinquishes his inchoate intestate right and his right to act as
a personal representative in the estate of Wife, and Wife
relinquishes her inchoate intestate right and her right to act as
a personal representative in the estate of Husband. Each of the
parties hereto by their presents, for himself or herself, his or
her heirs, executors, administrators or assigns, does remise,
release, quitclaim and forever discharge the other party hereto,
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his or her heirs, executors, administrators or assigns or any of
them, of any and all claims, demands, damages, actions, causes of
actions, suits, at law or equity, of whatsoever kind or nature,
for or' because of any matter or thing omitted or suffered to be
done by said other< party prior to and including the date hereof,
except that this release shall in no way exonerate or discharge
either party hereto from the obligations and promises made and
imposed by reason of this Agreement and shall in no way affect any
cause of action in absolute divorce which either party may have
against each other.
5 . MllliI':!'NLAl>IO __N.QN.':"MAR;I;'rllJ,,_12Rm)ER':!'X
'l'he parties hereto acknowledge that during their
marriage they have acquired, individually or jOintly, various
marital assets and the increased value of non-marital assets and
property, inClUding the following:
(A) Marital residence located at 7 Golf Course Road,
Oillsburg, York County, Pennsylvania, with an appraised value
of $167,500.00; and
(B) Husband's 401 (k) savings plan with Fidelity
in the approximate amount of $5,000.00; and
(C) Wife's 401(k) savings plan with Keystone Financial
in the approximate amoun't of $16,000.00; and
(0) Husband's IRA with Harris Saving Bank in the
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approximate amount of $2,000.00; and
(E) Wife's IRA with Franklin Templeton in the
approximate amount of $6,000.00; and
(F) 183 Shares of Keystone stock titled in the name of
Jean C. Wentling with an approximate value of $6,500.00; and
(G) Miscellaneous Ser'ies "E" Bonds titled in the name of
Dennis C. Wentling or Jean C. Wentl.ing with an approximate
value of $1,050.00; and
(H) 1996 Buick Skylark ti:led in the name of \~ife with
an estimated value of $9,000.00.
(I) Loan on 1996 Buick Skylark in the name of Wife with
an approximate pay-off of $'/,200.00; and
(J) 1999 Ford Explorer (leased by Husband); and
(K) Burial Crypts at Rolling Green Cemetery with an
estimated value of $4,500,00; and
(1.) Cherry Dining Room Set, including a cherry table,
four (4) cherry chairs, two (2) captain chairs, a cherry
buffet and two (2) piece cherry china closet with an
estimated value of $3,000.00; and
(M) Family Room Furniture, inclucHng a sofa, love seat
and a recliner/rocker combination with an estimated value of
$1,800.00; and
(N) Miscellaneous personal property, inclUding
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furniture, personal items, dishes, tools, jewelry, increase
in value of non-marital property, equipment, coins and cash;
and
(0) Mortgage on madtal residence with Homeside Lending
with an estimated payoff of $108,000.00; and
(P) Home Equity Line of creditencumb~lri"ng marital
residence with Harris Savings with an estimated payoff of
$26,000.00.
Husband and WHe acknowledge that they are aware of their
respective rights pursuant to the Divorce Code of 1980, as
amended, to obtain formal valuations or appraisals of the marital
residence, any and all pensions, and o"ther. items Of marit.al
property. However, the parties agree that they Idll not undertake
this expense and acknowledge that no financial disclosures are
attached to this agreement as separate exhibits or schedules. The
parties hereby waive any necessity for completing or attaching any
financial disclosure (S). Each party further acknowledges the
opportunity to attach a full and complete financial disclosure and
that such disclosure is not desired to effectuate a fair and
equitable resolution of their marital rights, duties and
obligations as provided in the Divorce Code of 1980, as amended.
6 . PER$OtiilcYd PROPER'.!''!'
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The parties hereto mutually agree that WHe shall be
entitled to items (L) and (M) as set forth above in paragraph 5.
Wife shall obtain thesEl items on or before March 4, 1999 and
Husband shall make reasonable acconunoda.tions to allow Wife to
pick-up the items from the marital residence.
Further, -tile parties he.reto mutually agree that they
have effected a satisfactory division of the furniture, household
furnishings, appliances and other household personal property
between them, and they mutually agree that each party shall from
and after the date hereof be the sole and separate owner of all
such tangible personal property presently in his or her
possession, whether said property is heretofure owned jointly or
individually by the parties hel"eto, and this Agreement shall. have
the effect of an assignment or bill of sale from each party to the
other for such property as may be in the individual possessions of
each of the parties hereto.
Husband and Wife agree that they have divided between
themselves, to their mutual satisfaction, all. items of tangible
and intangible marital propeI:ty. Neither party shall. make any
claim to any such items of marital property, or of the separate
personal property of either party. which are now in the possession
and/or under the control of the other.
From and after the date of the signing of this Agreement
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both parties shall have complete freedom of dispoSition as to
their separat,e property which is in their possession or control
pursuant to this Agreement and may mortgagā¬', sell, grant, convey
or otherwise encumber or dispose of such property, whether real or
personal, whether such property was acquired before, during or
after marriage, and neither Husband nor WHe need join in, consent
to, or acknowledge any deed, mortgage, or other instrument of the
other pertaining to such disposition of property.
7 . R!!:.M ESTATE
Wife ,lgrees to transfer her right, title and interest in
and to the parcel of jointly-owned real estate with improvements
thereon situate at 7 Golf Course Road, Dillsburg, York County,
Pennsylvania, to Husband and to sign all docllments necessary to
effect said transfer of the title to the real estate to Husband's
name individually.
Husband further agrees to satisfy and save Wife harmless
from any obligation which she may be liable as a result of the
mortgage with Homeside Lending, or any successor thereto, and to
the Home Equity Line of Credit with Harris Savings, as well as any
other encumbrances presently constituting a lien the jointly-owned
real estate, said mortgages and encumbrances being recorded in the
York County Recorder of Deeds Office. Husband agrees that upon
delivery of the deed to the jointly-owned real estate, he will
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Thousand Dollars ($1,000.00) by cash or certified fundsl and
b. On or before March 4, 1999, Husband shall pay Wife an
addi.tional FJ ve 'l'housand Dollars ($5,001).00) by cash or certified
funds, p,rov:lded that such funds are made available to Husband.
Wife acknowledges that the source of such funds J.s from Husband's
401 (k) r:et.irement account and HUSband aqrees to undertake any and
all reasonable efforts to provide such funds to Wife within the
time fr:ames set forth above I and
c. Both payments made in accordance with subsections
(a) and (b) of this paragraph shall be considered payments to
constitute a division on maritoal prope.rty and in no circumstances
shall either payment be considered a payment of alimony,
maintenance or other form of support.
9 . ~{J!Ul\.k._c:aW"''l.'S
The parties agree that Wife shall be ent.itled to the
burial crypts and that Husband shall execut.e any and all documents
necessary to transfer (~xclusive owner'ship of the burial crypts to
Wife.
10 . MQ'l.'OJUll!!!U GJ,jj:lLIINO ..'l.'RlIl,L,!,;R
The parties hereto agree that Husband shall be entitled
to have the sole and exclusive control, benefit, use and title of
the 19'19 Ford Explorer, and t.hat Husband shall hold Wife harmless
from any liabllity associated with the lease on such vehicle. The
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parties hereto agree that Wife shall be entitled to have the sole
and exclusive control, benefit, Ulll;1 and title of the 1996 Buick
Skylark and that Wife shall hold Husband harmless from any
HabiUty associated with t.he 1996 Bui(lk Skylark. ThIes t.o the
motor vehicles shall be trans ferred within t.hirty (30) days from
the date of this Agreement to the party rElceiving title in
accordance with this Agreement, if necessary.
11 . MJ:_5G,!;;LI-,1'INI);QUS
(A) The parties hereto acknowledge and agree that any
and all savings and checking accounts, as well as nertificates of
deposit, owned by them jointly or singly, have been divided to
their mutual and individual satisfaction. Husband shall be
entitled t.o exclusive possession of all Savings bonds (or proceeds
thereof) as identified above in item 5 (G). WHe shall be
entitled to exclusive possession of all stock titled in her name
as identified in item 5 (F).
(B) Neither party hereto shall make a claim upon the
other for: accumulated pension, profit-sharing, retirement support,
retirement benefits, insurance policies, IRA's, or any
retirement-related benefits. wife specifically waives her: right
to claim any portion of Hushand's 401 (k) Plan and his IRA as
identified in Items 5 (B) and (D) above and Husband specifically
waives his right to claim any portion of Wife's 401 (k) and her
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IRA as identified in Items 5 (e) and (E) above. Both parties shall
assist with signing any documents necessary to waive their
respeotive interests in these retirement-related benefits, if
necessary.
(C) The parties hereto acknowledge and agree that any
and all life insurance policies owned by them jointly or singly
have been divided to their mutual and individual satisfaction.
Each party here'to acknowledges that they have in their sole
possession those policy or policies of life insurance which they
intend to keep and retain as their sole and exclusive property
and, further, each party shall have the right to designate the
beneficiaries of said policies.
(D) The division of existing marital property is not,
except as otherwise expressly provided herein, intended by the
parties to constitute in any way, a sale or exchange of assets and
the division is being affected without the introduction of outside
funds or other property not constituting a part of the marital
estate. As a part of an equitable division of the marital
properties and the marital settlement herein contained, the
parties hereto agree to save and hold each other harmless from all
income taxes assessed against the other resulting from the
division of the property as herein provided.
(E) Each party represents and warrants to the other that
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he or she has not inmu-roC\ ilny debt., onllCjill.lon or other
liability, other than t/IOHO IhlHor1bocl in Lhill Agrooment, .on which
the other party i8 or may bo I 1i1blo. A 1 1I1b11 Hey not dlsclosed ln
thls Agreement will bn tho Holo IOH[IOllll.tbllity of the party who
has lncurred o.r: nlity Juno/IHIlI IIH~1I1 ii, illld HIWh party agrees to
pay it as th~) Iwmo Hhilll IllllJOmll dllO, /wd to Indemnify and hold the
other pat.ty and h1H 01 hOI 1" "1'01 ty h.'llinlollll I'r'om any and all such
debts, ObU'jilUOIHl find II/lId IltlOfI.
([") 1~i1(Jh [1111 ty IOl"OllolltH il/ld Wilrrant.s to the other that
they shall l'il(l ,1 Jo11lt 1110011I0 lilx rntllln fIll' tax year' 199B and
separate incomo tilX H'L!lIl1fl thol (lnftor. InformatJon maintained by
one party whio!l i8 IW()(IHHiIlY Lo Clomplote any Jncome tax return
shall not be II II l'e IUlOlI 0'1 bl Y withhold U(lonthe request of either
party. Any ilnd all Lax Ul[nnrlll pnyabIe to Husband and Wife for
tax year 1998 shaLL be ondOl'Hod by f1uHband when received and all
tax r.efund or procel,d8 Ilhnll bo dfllJvered to WHe as part, of the
equitable distl:Jblltloll 01 lIIalltal iHlflets. Any and all tax payment
due to the IRS 1'01.' tilX YOIII 1<)1)11 ShilU ho assumed equally by both
of the parties, H applJollhl n.
12. DrH:I'l'S ew IllISIIANP AND WH'E
As JdonUfi 00 ithllVO I IlllHhalld and WHe have incurred
various mar.i.t,a1 , (joi Ill. Hlld HOpilriltO) rlflhts prior to separation.
Present] Y, IIUHIJilno ,111d W 110 IOlllil j n 1ndfJbted to the following
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HUBbl.lI\d IIIH1 Wi "u 1110 IIWllnl of fllloh other I B inoomes and
t.hat thuy haVII booll IIlHpllot:l VU I Y ildv hed ilnd arE! aware of the
cont.enta of' thu prt)v.j.HioIlH of' tho Divorce COde, aB amended, in
Pennsylvania, whllllJ III o()IIf11 dO'lltiol\!l arE! Bet 1'0rt.h in determin.ing
all approp" i lito illll()Ullt, .I f nuy, t:o bo pl\Jd in the form of alimony.
AHer bol.lIlJ fully IldViHllrl of tho cout.ents of the Divorce Code, as
ilO1ondEld, hoth PiHU'11l V().lUlltilIIJy ilnd I.ntelligently waive. and
reUnqul.llh illlY r Jqhl to Iloek from the other payment for support,
Illl.mony Iwd mil tut,onIInCJo.
14. MV'l'Uflt, IUlf,f:AI.JF.
SUbjHC)t to the prov.iBl.ons of this Agreement ,each party
waives HI! 0'. her rl.<rht, to illimony and further distribution of
property iualllllllOh as the parties hereto agree that this Agreement
provides 1'01 1111 eqll.i.table diHt,ribution of their marital property
in IIccordauoo wi th tho Divor:ce Code, as amended. Subject to the
prov.is.ionH 01' t:hiu Agreement, each party has relE1ased and
diuchiVgod IInd by this Agreement does for himself or herself, and
his or tun he.iTs, legal representati.ves, executors, admini.strators
and IIssJgns, release and dJscharge the other of and from all
causes 01' action, claims, rights or demands whatsoever in law or
equity, whioh either of tho parties ever had or now has against
the otho[, except allY or all cause or causes of action for divorce
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or except in any or all causes of action for breach of any
provisions of this Agreement. Each party also waives their right
to request marital counseling pursuant to Section 3302 of the
Divorce Code.
15. SJJBSEOlJER'l'_J;lLVOR.~!!;
A decree in divorce entered by a court of competent
jurisdiction to either party shall not suspend, supersede or
affect the terms of this Agreement. Both parties agree, if
requested, to enter a Consent Order or Orders concerning the
provisions of this Agreement in the Court of Common Pleas of
Cumberland County, Pennsylvania, or any other Court of competent
juriSdiction, as a part of a resolution of any divorce action
filed or to be filed. This Agreement, and the terms and
conditions contained herein, as well as the enforcement of said
terms and conditions, shall be contingent upon the granting of a
Divorce Decree to either party by the Court of common Pleas of
Cumberland County, Pennsylvania, or any other Court of competent
jurisdiction. Furthermore, both partiE'ls her'eto agree, if
requested, to execute the appropriate affidavits and consents to
secure a No-fault Divorce as may be required by the Divorce Code,
as amended. Both parties hereto agree that this Agreement may be
incorporated into a separate Court Order' but shall not merge in
such order.
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16 . KNnR!LAGR.~El<I...EN'j,'
This Agreement contains the entire understanding of the
parties and there are no representations, warranties, covenants or
undertakings other than those expressly set forth herein. Husband
and Wife acknowledge and agree that the provisions of this
Agreement with respect to the distribution and di.vision of marital
and sepa,rate prope,rty are fair, equitable and satisfactory to them
based on the length of their marriage and other relevant factors
which have been taken into consideration by the parties. Both
parties hereby accept the provisions of t.his Agreement with
re'3pect to the division of property in lieu of and in full and
final settlement and satisfaction of all claims and demands that
they may now have or hereafter have against the other for
equitable distribution of their property by any court of competent
jurisdiction pursuant to Section 3502 of the Divorce Code or any
amendments thereto. Husband and Wife each voluntarily and
intelligently waive and relinquish any right to seek a court
ordered determination and distribution of marital property, but
nothing herein contained shall constitu'te a waiver by either party
of any rights to seek the relief of any court for the purpose of
enforcing the provisions of this Agreement.
17. y'QLUN,j;'A!n:'.JLlU';\;:!,!TIQ.t-!
The provisions of this Agreement and their legal effect
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have been fully explained to the parties by their respective
counsel, and each party acknowledges that the Agreement is fair
and equitable, that 1t 1s be1ng entered into voluntarily, with
full knowledge of the assets of both parties, and that it: is not
the result of any duress or undue influence. '1'he parties
acknowledge that they have been furnished with all information
relating to the financlal affalrs of the other whlch has been
requested by each of them or by thelr respective counsel.
18. MlRLTIOt,lM, IN~TEQI1J;;R'r.S.
Husband and Wife shall from time to Ume at the request
of the other, execute, acknowledge and deliver to the other party
any and all further lnstruments that may be reasonably requlred to
give full force and effect to the conditions of this Agreement.
19. MOD..ifJCATIOR,1\..l!P WAIVER,
Any modlfication or waiver of any of the provisions of
thls Agreement shall be effective only if made lh writing and
executed with the same formality as this Agreement. The failure
of either party to lnslst upon strict performance of any of the
provisions of this Agreement shall not be construed as a walver of
any subsequent default of the same or similar nature. The waiver
of any term, condition, clause or provision of thls Agreement
shall in no way be deemed or construed as a waiver of any other
term, condition, clause or provision of this Agreement.
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2 0 . .t!REACH
If eUher party hereto breaches any provision of this
Agreement, toe other party shall have the right, at his or her
election, to sue for such breach, or seek other remedies or relief
as may be available to him or her. Both parties agree and are
aware that noncompliance with any provision of this Agreement
permits either party to pursue appropriate legal remedies,
including sanctions as set fortll in 23 Pa. C.S.A. S3105.
Each party further hereby agrees to save and hold
harmless the other party from any and all attorneys' fees, costs
and legal expenses and expenses that either may sustain, or incur
or become liable or answerable for, in any \~ay whatsoever, or
shall pay upon, or in consequence of, any default or breach by the
other of any of the terms or p.rovisions of this Agreement by
reason of which either party shall or shall be obliged to retain
or engage counsel to initiate or maintain or defend proceedings
against the other at law or equity or both or in any way
whatsoever, provided that the party who seeks to recover such
attorneys' fees, costs and legal expenses and expenses must first
be successful in whole or in part, before there \~o\lld be any
liability for attorneys' fees, costs, legal expenses and expenses.
It is the specific agreement and intent of the parties that a
breaching or wrongdoing party shall bear the burden and obligation
20
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