HomeMy WebLinkAbout99-00112
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I.
The parties intend to maintain separate and penn anent domiciles and to live apart from
each other. It is the intent 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.
2.
The parties havc attempted to divide their matrimonial properly in a manner which
confonns to II just and right standard, with due regard to the rights of each party. It is the intent
of the parties that such division shall be final and shali forever detennine their respective rights.
The division of existing marital property is not intended by the parties to constitute in any way a
sale or exchange of assets.
3.
Further, the parties agree to continue living separately and apart from the other at any
place 01' places that he or she may select as they have heretofore been doing. Neither party shall
molest, harass, annoy, injure, threaten 01' interfere with the other party in any matter whatsoever.
Each party may carry on and engage in any employment, profession, business or other activity as
he or she may deem advisable for his or her sole use and benefit. Neither party shall interfere
with the uses, ownership. enjoyment or disposition of any property now owned and not specified
herein or property hereafter acquired by the other.
4.
The consideration for this contract and agreement is the mutual benefit 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 lor all ab'l'eemcnts herein contained is stipulated, confessed,
and admitted by the parties, and the parties intend to be legally bound hereby.
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Each party to the Agreement acknowledges and declares that he or she,
respeotively:
(I) is represented by counsel, (Mark D. Schwartz, Esquire for WIFE) of his or her
own choosing; or if not represented by counsel, understands that he or she has the
right to counsel; HUSBAND is represented by counsel (James J. Kayer, Esquire),
of his or her own choosing; or if not represented by counsel, understands that he
or she has the right to counsel;
(2) is fully and completely infonned of the facts relating to the subject matter of
this Agreement and of the rights aDd liabilities of the parties;
(3) enters into this Agreement voluntarily after receiving the advir,e of counsel;
(4) has given careful and mature thought to the making of this Agreement;
(5) has carefully read each provision of this Agreement; and
(6) fully and completely understands each provision of this Agreement, both as to
the subject maller and legal effect.
This Agreement shall become effective immr.diately as of the date of execution.
5.
It is the purpose and intent of this Agreement to sellle forever and completely the interest
and obligations of the parties in all property that they own separately, and all property that would
qualify as marital property under the Pennsylvania Divorce Code, Title 23, Section 3301(e), and
that is referred to in this A!,'reement as "Marital Property", as between themselves, their heirs and
assigns. The parties have attempted to divide their Marital Property in a manner that eonfonns to
a just and fair standard, with due regard to the rights of each Party. The division of existing
Marital Property is not intended by the parties to constitute in any way a sale or exchange of
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assets, and the division is being etfected without the introduction of outside funds or other
property not constituting a I)art of the marital estate.
It is the further purpose of this Agreement to settle forever and completely any obligation
under the Pennsylvania Divorce Code relating to spousal support or alimony.
6.
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 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 Iiab]e 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 joillt
and separate State and Federal Tax Returns filed by or on behalf of either or both Parties during
marriage.
7.
REAL EST A TE: WIFE agrees to transfer all right, title and intere~t which she may have
in the rea] estate situate at ] 20 Boyer Road, Carlisle, Cumberland County, Pennsylvania to
HUSBAND and releases all claims which she may have regarding said real estate in accordance
with this paragraph. In exchange for said transfer, HUSBAND a~'1'ees to pay to WIFE one half of
the equity in the marital residence (agreed upon hy the parties $85,000.00 y, $42,500.00) within
one hundred eighty (180) days of the date of this agreement. HUSBAND agrees to pay the
outstanding mortgage payments and the home equity loan payments and hold WIFE hann]ess
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from any obligations on said mortgage and home equity loan and indemnify her if any claim is
made against her. HUSBAND also agrees to have the WIFE'S name removed from the mortgage
and home equity loan and any other encumbrance against the property within one hUl1dred eighty
(180) days from the date of this A~lrcemcnt. In the eVllnt that WIFE'S name is not removed from
thc mortgagc and home equity loan and any other encumbrance against the property within the
said one hundred eighty (180) day period, HUSBAND agrees to immediately list the property for
sale with a reputable licensed full time real estate agent and at a purchase price which is
agreeable to bilth parties. Both parties hereby agree that the purchase price shall be reduced as
recommended by the listing real estate agent. Further, HUSBAND covenants and agrees to
maintain the propel1y in a condition which would effectuate the sale of the property as SOOI1 as
practically possible. WIFE agrees to sign a deed conveying her interest in said property to
HUSBAND which shall remain in escrow with her legal counsel's office until WIFE'S name has
bel;1n removed from the mortgage and home equity loan and any other encumbrance on the
property. HUSBAND further agrees to be solely responsible for any tax liens against the
property and for payment of all insurance and real estate taxes on both current and delinquent and
hold WIFE hannless from any obligations for said taxes and indemnifY her if any claim is made
against her. In the event of sale, WIFE received Y, of proceeds after costs or Forty- Two
1110usand Five Hundred and OO/! 00 ($42,500.00) Dollars whichever is greater.
8.
SUPPORT: It is the mutual desire of the parties that HUSBAND will not be required to
pay support to the WIFE. WIFE will not provide any financial support to the HUSBAND. The
parties also waive any right thr.y have to receive alimony payments /Tom the other following the
entry of the Divorce Decree in this mattel'.
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9.
. lJ.RSQNAL PROPERTY: The parties agree that the personal property has been
divided to the party's mutual satisfaction. WIFE herehy waives all right and title which she may
have in any personal property of the HUSBAND. HUSBAND likewise waives any interest
which he has in the personal property of the WIFE. Henceforth, each of the parties shall own,
have and enjoy independently of any claim or right of the other party, 1111 items of personal
property of every kind, nature and description and wherever situated, which are then own~ or
held by or which may hereaftel' belong to the HUSBAND or WIFE with full power to the
HUSBAND or the WIFE to dispose of same as fully and effectually, in all respects and for all
purposes as i I' he or she were unmarried.
10.
AUTOMOBILESj WIFE hereby waives all right, title and interest in any vehicle that
HUSBAND currently owns or may own in the future including but not limited to the 1989 Ford
Taurus currently in possession of HUSBAND. HUSBAND shall hold WIFE hannless for any
and all liability associated with the use and purchase of any vehicle he may own, and shall be
solely responsible for all insurance and other financial responsibility associat~ with said vehicle.
HUSBAND hereby waives all right, title and interest in any vehicle that WIFE currently owns or
may (lwn in the future including but not limited to the 1994 Ford Taurus currently in possession
of WIFE. WIFE shall hold HUSBAND harmless for any and all liability associated with the use
and purchase of any which; she may own, and shall be solely responsible for all insurance and
other financial responsibility associated with said vehicle.
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II.
MABlT AL DEB'Il: It is mutually agreed by and between the parties thnt WIFE shall
assume allliabiHty for and pay and indemnity the HUSBAND against all debts incurred by WIFE
after the date of separation. WIFE represents and warrants to HUSBAND that since the parties'
marital sellsration she has not contractect 01' incurred nny debt 01' liability for which HUSBAND
or his estate might be rcsponsible and WIFE further represents and warrants to HUSBAND that
she will not contract or incur any debt or liability after the execution of this Agreement, for
which HUSBAND or his estnte might bc responsible. WIFE shall indemnify and savc
HUSBAND hannless from any and all claims or dcmands made against him by reason of debts
or obligations incurred by her.
HUSBAND shall assume all liability for and pay anct indemnifY the WIFE against all
debts incurred by HUSBAND after the date of separation. HUSBAND represents and wal'l'ants
to WIFE that since the parties' marital separation he has not contracted or incurred any debt or
liability for which WIFE or her estatc might be responsible and HUSBAND further represents
and warrants to WIFE that he will not contract or incur any debt or liability after lhe execution of
this Agreement, for which WIFE or hcr estate might be responsible. HUSBAND shall indemnitY
and snve WIFE hannless from any lInd nil claims or demands made against her by reason of debts
or obligations inculTed by him.
12.
INSURAN{:E AND EMPLOYEE BENEFr(S: The parties agree that any life
insurance policies on the life of HUSBAND or WIFE shnll be their own. HUSBAND is the
owner ofa Stock Savings Plan/401(k) Plan through his employer, The Quaker Oats Company.
IlUSBAND hereby agrces to transfer fifty percent (50%) ownership of the date of separation
value, (50% of $71,565.00 ~ $~5,782.50) plus interest earned on said value of the Stock
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Savings/40 I (k) Plan to WIFE. In furtherance of the above, HUSBAND agrees to cooperate in
signing a Qualified Domestic Relations Order to facilitate the transfer of 50% of the Stock
Savings/40 1 (k) Plan as noted above. HUSBAND waives all right, title, and claim to any of
WIFE'S emp~oyee benefits.
13.
INVESTMENTS AND BANK ACCO{]NT~: WIFE agrees to waive all right, title and
interest which she may have in any and all Investments and financial accounts of the HUSBAND
except as stated above, and HUSBAND agrees to waivc all right, title and interest which he has
in any and all investments and financial acco:.mts of the WIFE exccpt as stated above. The
partics agree to closc any checking and savings accounts they hold jointly and distribute the
funds equally betwecn them.
14.
DIVORCE: The partics both agrce to coopcrate with each other in obtaining a final
divorce of the marriage. It is agreed that the parties wilt execute and file the consents necessary
to obtain the divorce. Any party who fails to cooperate with obtaining the Divorce shall pay all
the costs and legal fees oflhe party who is seeking the divorce.
IS.
BREACH: If either party breaches any provisions of this Agreement, the other party
shall have the right, at his or her election, to sue for damages for such breach or seek such other
remedies or relief as may be available to him or her, and the party breaching this contract should
be responsible for payment of legal fees and costs incurred by the other in enforcing their rights
under this Agreement.
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16.
AlWIT,ONAL INSTRUMENTS: Each of the parties shall from time toUme, at the
request of the other, execute, acknowledge and deliver to the other party any an4 all further
instruments that may be reasonably required to give full force and effect to the provisions of this
Agreement.
17.
VOLUNT~RY E~ECUT'O~: The provisions of this Agreement and their legal effect
have either been fully explained to the parties by their respective counsel, or have been fully
reviewed and understood if not represel1ted by coun.~el, and each party acknowledges that the
Agreement is fair and equitable, and that it is being entered into voluntarily, and that it is not the
result of any duress or undue influence. The parties agree that unless otherwise specifically
provided herein, this Agreement shall continue in full force and effect after such time as a final
Decree in Divorce may be entered with respect to the parties. The parties further agree that the
tenns of this Agreement shall be incorporated into any Divorce Decree which may be entered
with respcct to them. It is the parties' intent that this Agreement does not merge with the Divorce
Decree, but rather shall continue to have independent contractual significance. Each party
maintains his or her contractual remedies as well as court ordered remedies as the result of the
aforesaid incorporation or as otherwise provided by law or statute. Those remedies shall include,
but not be limited to, damages resulting from breach of this Agreement, specific enforcement of
this Agreement and remedies pertaining to failure to comply with an order of court or agreement
pertaining to equitable distribution, alimony, alimony pendente lite, counsel fees and costs as set
forth in the Pennsylvania Divorce Code or other similar statutes now in effect and as amended or
hereafter enacted.
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The parties Intend to maintain separate and permanent domiciles and to live apart from
each other, It is the Intent 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.
2,
The parties have attempted to divide theil' matrimonial property in II manner which
conforms to a just and right standard, with due regard to the rights of each party, It is the intent
of the parties that such division shall he final and shall forever detennine their respective rights,
The division of existing marital property is not intended by the parties to constitute in any way a
sale or exchange of assets,
3,
Further, the parties agree to continue living separately and apart from the other at any
place or places that he or she may select as they have heretofore been doing, Neither party shall
molest, harass, annoy, Injure, threaten or interfere with the other party In any matter whatsoever.
Each party may carry on and engage in any employment, profession, business or other activity as
he or she may deem advisable for his or her sole use and benefit. Neither party shall interfere
with the uses, ownership, enjoyment or disposition of any property now owned and not specified
herein or property hereafter acquired by the other,
4,
The consideration fol' this contract and agreement Is the mutual benefit 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, confesst'.d,
and admitted by the parties. and the parties intend to be legally bound hereby.
2
Each party to the Agreement acknowledges and declares that he or she,
respectively:
(I) is repre~ented by counsel, (Mark D, Schwartz, Esquire for WIFE) of his or her
own choosing; or if nol represented by counsel, understands that he or she has the
right to counsel; HUSBAND is represented by counsel (James J. Kayer, Esquire),
of his or her own choosing; or if not represented by coullsel, understands that he
or she has the right to coullsel;
(2) is fully and completely informed of the facts relating to the subject matter of
this Agreement and of the rights and liabilities of the parties;
(3) enters into this Agreement voluntarily after receiving the advice of counsel;
(4) has given careful and mature thought to the making of this Agreement;
(5) has carefully read each provision of this Agreement; and
(6) fully and completely understands each provision of this Agreement, both as to
the subject matter and legal effect.
This Agreement shall become effective immediately as of the date of execution,
5,
It is the purpose and intent of this Agreement to settle forever and completely the interest
and obligations of the parties in all property that they own separately, and all property that would
qualifY as marital property under the Pennsylvania Divorce Code, Title 23, Section 3301(e), and
that is referred to in this Agreement as "Marital Property", as between themselves, their heirs and
assigns. The parties have attempted to divide their Marital Property in a manner that conforms to
a just and fair standard, with due regard to the rights of each Party. The division of existing
Marital Property is not intended by the parties to constitute in any way a sale or exchange of
3
assets, and the division is being elTected without the Introduction of outside funds or other
property not constituting a part of the marital estate,
It is the further pUlpose of this Agreement to settle forever and completely any obligation
under the Pennsylvania Divorce Code relating to spousal support or alimony,
6,
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 properly 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
Maritall'l'Operty 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.
7,
REAL EST ATE: WIFE agrees to transfer all right, title and interest which she may have
in the real estate situate at 120 Boyer Road, Carlisle, Cumberland County, Pennsylvania to
HUSBAND and releases all claims which she may have regarding said real estate in accordance
with this paragraph. In exchange for said transfer, HUSBAND agrees to pay to WIFE one half of
the equity in the marital residence (agreed upon by the parties $85,000,00 y, $42,500.00) within
one hundred eighty (180) days of the date of this agreement. HUSBAND agrees to pay the
outstanding mortgage payments and the home equity loan payments and hold WIFE harmless
4
from any obI' t'
Iga IOn.9 on said mOrtgage and h ,
d ',", ".'y /". "" "d"" /.. h
m. "..,." h". HUSBAND I . 'Y "l(..y ""m /,
a So agrees 10 have the WIFE'S
""<om, "'i'Yi", ."" "'y ,"",,, b . . ',,", ""',"" finm .. m,,,,,,...
ncum rance aga1n.9t the proPe .
(J '0) do", finm 'ho d"", 'h' A "y 0'0" 'ne h"","" """.
M grecment. In the eYeT/l thut WIFE'
.. "'"""" '"d ho", """y I". .'" S."", I, 'ot _,oj ....
. "'y ou", '"'_"" . 0
"'d "', h,..... .... (J SO) d . """ ''''''"." "0'. ..
ay Pel'/Od, HVSBAND agrees to im .
~I, oiO · mp..., r. -""Yi'" 0, Pm_ '"
e Iccnsed full lime real estate agent and
-bJ, " both "'"'''' B 0 . .. . """.... """ obi'h "
' 0 PartIes hereby agree that the .
"'""""- by 0, "",.. 'I P""Im" Pn", "'1/ ho ""'''''' b
' rta estate agent. FUrthe/'. HVSBAN
m""'i. .. pm"." '. . """"1/ . D "''',"to .. '_ "
' on wh,ch WOuld effectuate the sale
"""","I/y P''''ih/,. WIFe. "" pm/>m"""". b
agrees to SJgn a deed conve i ,
HUSBAND Obi", "'1/ ...... . . Yo"", """'''' ,.Id Pm/>my .
In In escrow WI/h her Ie I ,
..... ""',"" .... 0 y. "",''' "m", ""Ii/ WIFE" '''''' 1m,
e mOrtgage and home eqUity loan and
Pm_. IiUSBAND Ih h "" ou", "CUm",- '. 0,
n " ._ '0 b, ..,,~ ''"P'''ibk '''' .
PmPOny "" fu, Po Yo"", ".1/ . "" '" bo,. .."." ..
insurance and real estate taxes On b
ho'd WiFe h,,,,,,,. "01 '" 'br . "'h ,_, ,"d d</,,,,,,,, ...,
, Y Jglltlons for said taxes and indem " .
agal1)st her. In the eVent of I W, nlt.Y her If any claim is made
sa e, IFE rece,ved y, f
Th""'''i" Ii""",,,, "'d 00i , · ""'- .n" "'" '" P"'J'-T ""
100 ($42,500.00) DOllars Whichever'
IS greater.
8,
~P"n.._: It is the mutual d,' f I
---..,. '"'''' '" ""'" 'bo'IiU'B .
Pay sUPPOrt to the WIFE, WIFE 'II. A.ND 11'11/ not be required to
11'/ not PrOYlde any fi ' I
Parties also WaiVe any right th h , mancla sUPPOrt to the HUSBAND, The
ey aVe to receIve alimon
entry of the DiVorce Decree ;1) th' Y paYments from the othel' [o1/owing the
. Is matter.
5
9,
PERSON.-\L PRQfiRI.l:: The parties agree that the personal property has been
divided to the party's mutual satisfaction, WIFE hcreby waives all right and title which she may
have in any pel'Sonal property of the HUSBAND, HUSBAND likewise waives any interest
which he has in the personal property of the WIFE, Henceforth, each of the parties shall own,
have and enjoy independently of any claim or right of the other party, all items of personal
property of evc!}' kind, nature and description al1d wherever situated, which are then owned or
held by or which may hereafter belong to the HUSBAND or WIFE with full power to the
HUSBAND or the WIFE to dispose of same as fully and effectually, in all respects and for all
purposes as ifhe or she were unmanied.
10,
A(]TOMOBILE~l WIFE hereby waives all right, title and interest in any vehicle that
HUSBAND currently owns or may own in the future including but not limited to the 1989 Ford
Taurus currently in possession of HUSBAND, HUSBAND shall hold WIFE hannless for any
and all liability associated with the use and purchase of any vehicle he may own, and shall be
solely responsible for all insurance and other financial responsibility associated with said vehicle.
HUSBAND hereby waives all right, title and interest in any vehicle that WIFE currently owns or
may own in the future including but not limited to the 1994 Ford Taurus currently in possession
of WIFE, WIFE shall hold HUSBAND hannless for any and all liability associated with the use'
and purchase of any vehicle she may own, and shall be solely responsible for all insurance and
other financial responsibility associated with said vehicle,
6
II.
MA~IT At DEBT~: It is mutually agreed by and between the parties that WIFE shall
IISsume all liability lor and pay and indemnify the HUSBAND against all debts incurred by WIFE
after the date of separation. WIFE represents and warrants to HUSBAND that since the parties'
marital separatioll she has not contracted or incurrl"-d llnY debt or liability for which HUSBAND
or his estate might be responsible and WIFE further represents and warrants to HUSBAND that
she will not contract 01' incur any debt or liability after the execution of this Agreement, for
which HUSBAND or his estate might be responsible, WIFE shall indemnify and save
HUSBAND hannless from any and all claims or demands made against him by reason of debts
or obligations incurred by her,
HUSBAND shall assume all liability for llnd pay and indemnifY the WIFE against all
debts incuned by HUSBAND after the date of separation, HUSBAND represents and warrants
to WIFE that since the parties' marital separation he has not contracted or incurred any debt or
liability for which WIFE or her estate might be responsible and HUSBAND further represents
and warrants to WIFE that he will not contract or incur llnY debt or liability after the execution of
this Agreement, for which WIFE or her estate might be responsible, HUSBAND shall indemnifY
llnd save WIFE hannless from any and all claims or demands made against her by reason of debts
or obligations incurred by him,
12,
INSURANCE AND EMPLOYEE t'ENEFITS: The parties agree that any life
insurance policies on the life of HUSBAND or WIFE shall be their own, HUSBAND is the
owner of a Stock Savings PlanJ40 I (k) Plan through his employer, The Quaker Oats CompllnY,
HUSBAND hereby agrees 10 transfer fifty percent (50%) ownership of the date of separation
value, (50% of $71,565,00 = $35,782,50) plus interest earned on said value of the Stock
7
''''''''''''(') PI" .. WIFE. "".",,"'" of~, .bo.., HU'BAND ...... .. _I. I,
....,,'. · 0..,.", "'m~", "",,'," ""''' .. f~il"", 'ho ."'f" of SO% of ~, '....
""""',,,(,) PI" .. ...oo 'bo" HUSBAND WO/,.. .1/ ri.hl, '1/" ,,' ,/." .. "Y of
WIFE'S employee benefits.
13.
/NV"'l'MF-"'1 AN. BANK ACCQIIN1:.!. WIFE "'''' Jo ",.. ,1/ ri&hl, "1/, ,,'
,"',,,,, whI", 'h, m., ho.. I, "".d .1/ """m"" .", .,"",. ~''''''. of ~. H U'BAND
","" .. ",,'" .bo.., "" lJ U 'BAND "'''' Jo w.l", ." right, ".. "" ''''''''' whl '" h. ....
I. "y ,,' .1/ ''''''''m" ,,' '''''''/ -'m. ,f~. WIFB ""'PI " "".. .bo... Th.
-.. ."" Jo ",~ m, 'h""'B ,,' """" ""","'" ..., hold Jol"" ,,' dl""b". ~.
funds equally between them.
14,
/!I\'ORcE, Th, ""',.. both ''''' to "'_to wI'h ~," o~" fu 'b""". . '",
d1~", of~. mom.... It",_ Ih" ~, """~ Wil/ ,,"'". ,,' fi/, tho "',..,. _
Jo ob,." ~'dl,,,,,,,. "'" ""1y who f'il, Jo _. w"h ob"",;,. ~. 0'""",. ",.1/ po, .1/
the eosts and legal fees of the party who is seeking till" divorce.
15.
BAiA CI!, 1f""",.Orty .....h.. '" ,,,,,,,,1,,, 'f ." A""",,,, ~, o~" ""'"
"",1/ h... tho ".hl, " hi.", h" .,...., Jo ", f" """B~ f" ,.." """" " "'" ,,'" ttIh"
""""" " "I/.f.. ""Yb. · "".bI, · hi" " hot, .", ~. 'Orty ""'''',,, ~,. ""1n'1 'bo"1d
ho "'-'bi. f" PO""" ,f "..,1.. ,,' "'... ;","'" by lho "h" " "f."".. thoi, righto
under this Agreement.
8
16,
AQQITIONAL INSTRUMENTS: Each of the parties shall from time to time, at the
request of the other, execute, acknowledge and deliver to the other party any and all further
instruments that may be reasonably required to give full force and effect to the provisions of this
Agreement.
17,
VOLUNTARY EXECUTION: The provisions of this Agreement and their legal effect
have either been fully explained to the parties by their respective counsel, or have been fully
reviewed and understood if not represcnted by counsel, and each party acknowledges that the
Agreement is fair and equitable, and that it is being entered into voluntarily, and that it is not the
result of any duress or undue influence, The parties agree that unless otherwise specifically
provided herein, this Agreement shall continue in full force and effect after such time as a final
Decree in Divorce may be entered with respect to the parties, The parties further agree that the
tenns of this Agreement shall be incorporated into any Divorce Decree which may be entered
with respect to them. It is the parties' intent that this Agreement does not merge with the Divorce
Decree, but rather shall continue to have independent contractual significance, Each party
maintains his or her contractual remedies as well as court ordered remedies as the result of the
aforesaid incorporation or as otherwise provided by law or statute. Those remedies shall include,
but not be limited to, damages resulting from breach of this Agreement, specific enforcement of
this Agreement and remedies pertaining to failure to comply with all order of court or agreement
pertaining to equitable distribution, alimony, alimony pendente lite, counsel fees and costs as set
forth in the Pennsylvania Divorce Code or other similar statutes now in effect and as amended or
herea fier enacted,
9
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