HomeMy WebLinkAbout99-00474
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MARITAL' SETTLEMENT AGREEMENT
THIS AGREEMENT, made this 27 day of .,A~, 1999, by and
between Kim Alan Eiffes, hereinafter called "Husband" social security number
184-48-3559, and Ursula Virginia Eiffes, hereinafter called "Wife" social security
number 162-48-1412,
WHEREAS, Husband and Wife were lawfully married on August 30, 1980,
in Cumberland County, Pennsylvania;
WHEREAS, differences have arisen between the parties and it is the
intention of Wife and Husband to live separate and apart, 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 by specification:
the settling of all matters between them relating to the ownership and equitable
distribution of real and personal property; the settling of all matters between
them relating 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,
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, 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, SEPARATION AND NON INTERFERENCE:
It shall be lawful for each party at all times hereafter to live separate and
apart from each other at such place as he or she from time to time shall choose
or deem fit. The foregoing provision shall not be taken as an admission on the
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part of either party of the lawfulness or unlawfulness of the causes leading to
their living apart,
Each party shall be free from interference, authority and control by the
other, as fully as if he or she were single and unmarried, except as may be
necessary to carry out the provisions of this Agreement. Neither party shalf
molest or attempt to endeavor to molest the other, or in any way harass or
malign the other, nor in any other way interfere with the peaceful existence,
separate and apart from the other. Neither party shall say or do anything to
negatively influence or alienate the minor children from the other parent.
2, RECONCILIATION:
This Agreement shall not be deemed to have been waived, extinguished,
discharged, terminated, invalidated or otherwise affected by a reconciliation
between the parties hereto, cohabitation between the parties, a living-together or
resumption of marital relation~ between them, They shall not be deemed to
have reconciled with the intention of vitiating or terminating this Agreement
unless they make such actions through a written instrument, executed and
acknowledged in the same manner as this Agreement,
3, ENFORCEMENT:
The parties acknowledge that Wife filed to Cumberland County Court of
Common Pleas, Pennsylvania, Docket Number 99-474 Civil, a no-fault divorce
action pursuant to section 3301 (c) of the Pennsylvania Divorce Code,
It is specifically understood and agreed by the parties that the provisions
of this agreement relating to equitable distribution of property and all other
matters contained herein including but not limited to support, alimony, alimony
pendente lite, counsel fees, costs and/or expenses are accepted by each party
as a final settlement for all purposes whatsoever, as contemplated by the
Pennsylvania Divorce Code,
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Upon execution of this agreement, Husband agrees to execute his
Acceptance of Service of the Divorce Complaint, The Divorce Complaint had
been served upon him by certified mail number P 016 244 688 on or about
January 31, 1999, Further, upon request by Wife but not before the expiration of
ninety (90) days from the date upon which Husband was served by certified mail
with said divorce complaint, Husband agrees that he shall execute his respective
Affidavit of Consent and Waiver of Notice for the purpose of proceeding with
entering same to said docket.
Each party shall execute any and all documents which may require his or
her signature for the purpose of effectuating all of the terms and conditions of
this Agreement so as to give full force and effect to this Agreement.
Should a decree, judgment or order of separation or divorce be obtained
by either of the parties in this or any other state, country or jurisdiction, each of
the parties hereby consent and agree that this Agreement and all of its
covenants shall not be affected 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. It is
specifically agreed, however, that a copy of this Agreement or the substance of
the provisions thereof, may be incorporated by reference into any divorce,
judgment or decree,
4, WAIVER OF SPOUSAL SUPPORT/ALIMONY/ALIMONY PENDENTE
LITE, COSTS AND EXPENSES:
Husband and Wife hereby acknowledge that they have been advised that
each may have the right to assert a claim for spousal support, alimony, alimony
pendent lite, costs and/or expenses, Further, Husband and Wife acknowledge
that they understand that said rights are available in the divorce action,
Husband and Wife further acknowledge that they are aware of the income,
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education, income potential, and assets and holdings of the other or have had
full and ample opportunity to become familiar with such items, Nevertheless,
Husband and Wife acknowledge that they are able to support and maintain
themselves comfortably, without contribution from the other beyond that as
provided for in Ihis Property Settlement Agreement, upon the income and assets
owned by each of them,
Husband and Wife hereby accept the mutual covenants and terms of this
Agreement and the benefits and properties passed to them hereunder in lieu of
any and all further rights to support or alimony for themselves, counsel fees, and
alimony pendente lite at this time and during any and all further or future actions
of divorce brought by either of the parties hereto and the parties do hereby
remise, release, quit claim, and relinquish forever any and all right to support,
alimony, alimony pendente lite, counsel fees and expenses beyond those
providad for herein, during the pendency of or as a result of any such actions, as
provided by the Divorce Code of Pennsylvania or any other applicable statute, at
this time and at any time in the future,
5, EQUITABLE DISTRIBUTION:
A. REAL ESTATE:
5225 Royal Drive, Mechanicsburg, Cumberland County, Pennsylvania,
17055 Parcel Number: 13-24-0793-125
Husband and Wife are ownors as tenants by the entireties of 5225 Royal
Drive, Mechanicsburg, Cumberland County, Pennsylvania, 17055, parcel
number 13-24-0793-125 referred to herein as either the "premise" or "marital
residence", Husband hereby conveys unto Wife all of Husband's right, title and
interest thereto and shall execute upon request a transfer Deed reflecting his
relinquishment, waiver and abandonment forever, Provided however that such
transfer is in consideration of Wife's continuing obligation to be solely
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responsible for all debts associated with the property, including but not limited to
the first mortgage held by First National Mortgage, account number
and the equity line held by First Union, account number
and all
interest and late fees associated with said mortgages and all other outstanding
monthly charges at the time of execution hereof including but not limited to all
taxes, insurance(s), utilities, municipal charges, and costs/expenses/fees, Wife
shall indemnify and hold Husband harmless for all outstanding indebtedness on
the premise as defined herein,
The parties hereby agree however that the First Union National Bank
prime equity line, account number 4340-5820-1382-3339, in the approximate
amount of $18,122,94 as of February 19, 1999, shall be Wife's sole financial
obligation pending liquidation as identified hereinbelow,
In the event that Wife should die and, at that time, there should remain
any outstanding balance on the mortgages and liens on the premise, it shall be
Wife's estate's obligation to promptly satisfy the mortgage excepting the First
,Union prime equity line which shall remain M~ltt3~sole obligation, Wife shall
keep and maintain an adequate amount of insurance on her life in a face amount
of not less than the then remaining mortgage balances for so long as she owns
the premise with the contingent joint obligations in place, Upon retirement of the
joint obligations associated with the premise b'i:W3i;.;'gG ~diSPosition of the
First Union prime equity line, Wife's obligation to maintain sufficient insurance
shall cease and terminate and the election of such coverage shall be her sole
decision,
It is agreed and understood that Wife shall refinance the existing debts on
the premise and the balances identified hereinbelow in section 5B within one (1)
year from the date of execution hereof,
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Husband warrants that there are no liens or encumbrances against the
premise, with the exception of those so identified hereinabove and hereinbelow
in section 5B, In the event Husband has failed to disclose a lien or
encumbrance in violation of this paragraph, he shall immediately take all
necessary steps in order 10 remove any such lien, judgment or encumbrance
against the aforesaid premises and shall indemnify an hold Wife harmless with
respect thereto, Husband shall be responsible to and pay Wife for any costs or
expenses, including attorneys' fees, penalties or any other expense of whatever
nature, whether direct or indirect incurred by Wife as a result of Husband's
failure to remove said liens or encumbrances at any default in payment thereon,
Wife's obligation to be solely responsible for all debts associated with the
premise shall commence upon the execution of this agreement and the
completion of liquidation as identified hereinbelow,
B, DISPOSITION OF AND WAIVER OF PERSONAL 1) MARITAL,
TANGIBLE AND INTANGIBLE, ASSETS AND 2) NON-MARITAL,
TANGIBLE AND INTANGIBLE, ASSETS:
1, Liquidation of certain marital assets to retire certain marital debts:
It is the specific intent of the parties to retire the majority of their joint,
marital debts by way of this agreement. At the time of preparation of this
agreement, the joint marital debt to be retired is as follows:
1, $18,122,94 owed on the First Union National Bank prime
equity line account number 4340-5820-1382-3339, The equity
line of $20,000,00 shall terminate upon payment;
2, Approximately $10,000,00 in a home equity line with First
Union, account number
; and,
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3, Approximately $70,000,00 on the first mortgage on the
marital residence held by First National Mortgage, account
number
In exchange for Husband's complete and full waiver, release and
relinquishment to all past. present and future interest(s) he may have in the
marital residence, Wife shall refinance the existing first mortgage and the First
Union home equity line as well as any balance owing on the prime equity line,
For purposes of this provision, the balance owed on the prime equity line which
Wife shall be responsible for in her refinancing efforts shall be defined as the
balance owed subsequent to the parties liquidation of certain assets and the
proceeds of said liquidation endeavor applied to the present balance of the
prime equity line,
In order to effectuate the retirement of their debts as described herein, the
parties agree that they shall embark upon liquidating the following assets and
apply all of the proceeds to the prime equity line debt. The proceeds shall first
be applied to the prime equity line on the marital residence and any funds
available thereafter shall be applied to the credit card balances identified
hereinbelow in section 7C, Marital Debts. Although not anticipated, in the event
there are additional funds available from the liquidation endeavor, the parties
agree that said funds shall then be applied to the home equity line held by First
Union,
The assets to be liquidated and applied to the joint debt defined
hereinabove are:
1, Husband's annuity account certificate number 04715130
. held by (Aid Association for Lutherans) in the approximate amount
of $1,435,68 as of September 30, 1998;
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2, Wife's Woodsman's life insurance policy certificate number
4401831 with cash value in the approximate amount of $3,134,00
as of February 3, 1999 and her Allstate life insurance policy
in the approximate amount of $3,000,00;
3, Husband's Woodsman's life insurance policy certificate
number 4391620 with cash value in the approximate amount of
$4,379,00 as of February 3, 1999:
4, Joint First Union certificate of deposit in the approximate
amount of 52,300,00; and,
5, Husband's IRAs with American Aid for Lutherans, account
numbers 015-021-2100723324 and 015-071-190010037 in the
approximate amounts of $427.46 and $771,55 respectively as of
September 30, 1998.
For purposes of clarity, the foregoing assets upon liquidation shall be
applied first to the First Union National Bank prime equity line, then to the credit
card balance(s) and finally if available, to the equity line on the marital residence
in the approximate amount of S10,000,OO, Wife's refinancing efforts shall
consist of and be comprised solely of 1) the entire first mortgage, and 2) the
balances remaining on the First Union National Bank prime equity line, the First
Union home equity line and the credit cards balances identified hereinbelow in
section 7C,
Neither party shall incur further indebtedness on any debt identified
hereinabove, In the event such occurs, said party shall be solely liable,
indeminfying and holding the other harmless thereon,
2, Waiver of marital assets:
Husband and Wife do hereby acknowledge that they have heretofore
divided to their mutual satisfaction all non,marital and marital assets including,
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but without limitation, business interests, partnership(s), inheritance(s), jewelry,
clothing, pensions, brokerage accounts, stocks, bonds, life insurance policies or
other securities, Individual Retirement Accounts, checking and savings
accounts, mutual funds, and other assets whether real, personal or mixed,
tangible or intangible,
Husband and Wife further acknowledge and agree that the assets in the
possession of the other spouse shall be that spouses sole and separate
property, each party hereto specifically waiving, releasing, renouncing and
forever abandoning whatever claim, if any, he or she may have with respect to
any of the foregoing items which are the sole and separate property of the other,
Specifically but not to the exclusion of the foregoing, Wife shall become
the sole owner of her IRA with American Aid for Lutherans, account certificate
number 04725758, Further, Husband shall become the sole owner of Kimsway
Travel Inc, and if necessary, Wife shall cooperate in executing any corporate
document required to effectuate her ownership relinquishment and release of
any officer position she may have,
3, Life Insurance Policies:
Husband shall maintain his Woodsman's life insurance policy in the
amount of $95,000,00 naming the parties' two (2) daughters, Stephanie and
Ashley as the beneficiaries, Wife shall be entitled to receive copies of
documentation from either Husband or Husband's insurer which evidences
Husband's life insurance policy as defined herein being in full force and effect.
Wife shall be entitled to such upon request but such request shall not be
asserted more than two (2) times in anyone (1) calendar year,
4, Wife hereby relinquishes and forever waives any and all past,
present and future right, title and interest she may have in Kimsway Travel Inc,
Wife shall cooperate and execute any stock certificates or other appropriate
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documents evidencing her complete relinquishment of all interests, Husband
shall indemnify and hold Wife harmless in every regard and in every respect
including but not limited to all tax liabilities, suits, claims, and judgments, in
exchange for Wife's waiver and relinquishment.
C, AUTOMOBILES:
The parties agree that Wife shall become the owner of the 1990 Plymouth
Voyager automobile which is titled in Wife's name solely, Husband does hereby
waive, release, and relinquish any and all claim to or interest in said motor
vehicle, If the title to the said vehicle is encumbered by any debt or obligation,
Wife agrees that she shall be solely responsible for and shall pay and satisfy
said obligation, in accordance with its terms and provisions, and shall indemnify
and save Husband harmless from any loss, cost, or expense caused to him by
her failure to make payment of such debt.
The parties agree that Husband shail become the sole owner of the
leased 1999 Toyota Camry automobile, Wife does hereby waive, release, and
relinquish any and all claim to or interest in said motor vehicle, If the title to the
said vehicle is encumbered by any debt or obligation, Husband agrees that he
shall be solely responsible for and shall pay and satisfy said obligation, in
accordance with its terms and provisions, and shall indemnify and save Wife
harmless from any loss, cost, or expense caused to her by his failure to make
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payment of such debt.
0, INTENT:
This Agreement is intended to distribute all property of the parties,
whether real or personal, and whether determined to be separate or marital
property, In the event that any property may be omitted from this Agreement, it
is understood and agreed that the person having possession and/or title to such
property following the execution of this Agreement shall be deemed the owner
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thereof and each of the parties will execute any and all legal documents without
any charge therefor to evidence title to such property in the other party,
ADDITIONAL DOCUMENTS: Each of the parties shall on demand
execute and deliver to the other any deeds, documents, records or closing
statements relating to the sale of real estate under this Agreement, bills of sale,
assignment, consents to change of beneficiary on insurance policies, tax
returns, bank account ownership forms and other documents and do or caused
to be done any other act or thing that may be necessary or desirable to the
provisions and purposes of this Agreement.
TAXES: Husband hereby agrees to pay all income taxes assessed
against him, if any, as a result of the division of the property of the parties
hereunder, Wife hereby agrees to pay all income taxes assessed against her, if
any, as a result of the division of the property of the parties hereunder,
6, AFTER ACQUIRED PROPERTY:
Each of the parties shall hereafter own and enjoy, independently of any
claim or right of the other, all items of property, be they real, personal or mixed,
tangible or intangible, which are hereafter acquired by him or her, with full power
in him or her to dispose of the same as fully and effectively, in all respects and
for all purposes, as though he or she were unmarried,
The parties hereby agree that, as to all assets not specifically mentioned
herein which are presently titled in the sole name of one of the parties hereto or,
if untitled, are presently in the sole possession of one of the parties hereto, the
party not having title thereto or possession thereof hereby waives, releases,
relinquishes and forever abandons any and all claims therein, and
acknowledges that the party having title or possession of such items shall be the
sole and exclusive owner thereof,
7, DEBTS:
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A. Wife's Debts: Wife represents and warrants to Husband that
since the parties' separation she has not and in the future she will not contract or
incur any debt or liability for which Husband or his estate might be responsible
and shall indemnify and save harmless Husband from any and all claims or
demands made against him by reason of debts or obligations incurred by her,
B, Husband's Debts: Husband represents and warrants to Wife that
since the parties' separation he has not and in the future he will not contract or
incur any debt or liability for which Wife or her estate might be responsible and
shall indemnify and save harmless Wife from any and all claims or demands
made against her by reason of debts or obligations incurred by him,
C, Marital Debts: The parties hereby acknowledge and agree
that the debts so identified hereinabove in section 5 represent all marital debts
and financial obligations excepting those debts associated with Kimsway Travel
Inc, By virtue of Wife's waiver and relinquishment of all of her right, title and
interest in Kimsway Travel Inc.. Husband does hereby acknowledge and agree
that he shall indemnify and hold Wife harmless in any and all respects for all
past, present and future including but not limited to debts, federal, state and/or
local taxes of any nature, obligations, suits, judgments and claims of any nature
whatsoever associated with Kimsway Travellnc,
Wife does hereby agree to indemnify and hold Husband harmless on the
first mortgage and First Union equity line and First Union National Bank prime
equity line associated with the marital residence and identified hereinabove in
section 5,
Wife shall remain responsible for the fallowing debts and shall indemnify
and hold Husband harmless thereon:
1, Hechinger's account number 34 5206 063301 4
2, The Bon Ton account number 051239325
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3, Sears account number 54 84029 12602 7
4, Hechts account number 31955037
Husband shall remain responsible for any and all debts of any nature
whether identified herein or not and which are in his name solely and incurred
during the marriage, indemnifying and holding Wife thereon to the fullest exlent.
0, Indemnification:
All further debts incurred by the parties shall be their individual
responsibility, Each party represents and warrants to the other that he or she
has not incurred any debt, obligation, or other liability, other than described in
this Agreement, on which the other party is or may be liable, Each party
covenants and agrees that if any claim, action or proceeding is hereinafter
initiated seeking to hold the other party liable for any other debts, obligations,
liability, act or omission of such party, such party will at his or her sole expense,
defend the other against any such claim or demand, whether or not
well-founded, and that he or she will indemnify and hold harmless the other party
in respect of all damages as resulting therefrom, Damages as used herein shall
include any claim, action, demand, loss, cost, expense, penalty, and other
damage, including without limitation, counsel fees and other costs and expenses
reasonably incurred in investigating or attempting to avoid same or in opposing
the imposition thereof or enforcing this indemnity, resulting to Husband or Wife
from any inaccurate representation made by or on behalf of either Husband or
Wife to the other in this Agreement, any breach of any of the warranties made by
Husband or Wife in this Agreement, or breach or default in performance by
Husband or Wife of any of the obligations to be performed by such party
hereunder, The Husband or Wife agrees to give the other prompt written notice
of any litigation threatened or instituted against either party which might
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constitute the basis for a claim for indemnity pursuant to the terms of this
Agreement.
8, CHILD SUPPORT:
Husband hereby agrees that he shall pay to Wife One Thousand
($1,000,00) Dollars per month in child support subject to increase or decrease in
the future based upon the changing financial circumstances of the parties, Such
obligation for the parties two (2) daughters, namely Ashley, 0,0,8, March 24,
1986, and Stephanie, 0,0,8, August 28, 1984, shall continue through their
respective graduation from high school or eighteen (18) years of age, whichever
shall last occur.
9, HEAL TH INSURANCE:
Husband shall remain obligated to pay for the health insurance coverage
on the parties daughters', Ashley, and Stephanie so long as the children remain
eligible as dependents on the health insurance provided through his employer,
It is understood that Husband is presently self-employed through
Kimsway Travellnc, Therefore, any decision relating to employee benefits such
as family health insurance plans are originated by Husband and as such, such
decision making relating to health insurance shall be given great scrutiny,
10, FULL DISCLOSURE:
The parties acknowledge that each of them have made a complete and
accurate disclosure to each other of all assets that he or she owns and have had
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a full and ample opportunity to consult with counsel of their choice regarding
their claims ariSing out of the marriage and divorce and that they have
specifically reviewed their rights to the equitable distribution of marital property,
including rights of discovery, the right to compel a filing of an Inventory and
Appraisement, and the right to have the court review the assets and claims of
the parties and decide them as part of the divorce action, 8eing aWElre of those
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rights, and being aware of the marital property owned by each of the parties, the
parties hereto. in consideration of the other terms and provisions of this
agreement, do hereby waive, release and quitclaim any further right to have this
court or any other tribunal equitably distribute or divide their marital property,
The parties acknowledge that they have been fully advised and informed
of the wealth, real and/or personal property, estate and assets, earnings and
income of the other and are familiar with and cognizant of such and the value
thereof, or has knowingly waived such advice and/or information, The parties
hereto have been fully advised and informed of all rights and interests which,
except for the execution and delivery hereof, have been conferred upon or
vested in each of them by law with respect to the property or estate of the other
by reason of their marital status, or has knowingly refused or waived such advice
or information,
11. RELEAS ES:
Except as other.vise herein provided, each party releases and discharges
completely and forever the other from any and all right, title, interest or claim or
past, present or future support, division of property including income or gain from
property hereafter accruing, right of dower and courtesy, right to act as
administrator or executor in the estate of the other, right to distributive share in
the olher's estate, right of exemption in the estate of the other, or any other
property rights, benefits or privileges accruing to either party by virtue of said
marriage relationship, or otherwise, and whether the same are conferred by the
statutory law or by the common law of the Commonwealth of Pennsylvania, or
any other state, or of the common law of the United States of America,
It is further specifically understood and agreed by and between the
parties hereto, that each party accepts the provisions herein made in lieu of and
in full settlement and satisfaction of any and all of said parties' rights against the
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other for any past, present and future claims on account of support,
maintenance, alimony, alimony pendente lite, counsel fees, costs and expenses,
equitable distribution of marital property and any other claims of each party,
including all claims raised by them in the divorce action pending between the
parties,
12, BREACH:
If either party breaches any provision of this Agreement, the other party
shall have the right, at his or her election, to sue for damages for such breach,
The party breaching this contract shall be responsible for the payment of legal
fees and costs incurred by the other in enforcing his or her rights under this
Agreement, or seeking such other remedy or relief as may be available to him or
her,
13, REPRESENTATION:
Both parties have been given the opportunity to obtain the advice of
counsel regarding the provisions of this Agreement and their legal effect in
advance of the date set forth above to permit such independent review, In the
event either party elects to execute this agreement without the advice of
counsel, he/she shall nevertheless be bound hereby and he/she specifically and
knowingly waives his/her right, if any, to utilize his/her lack of legal
representation as a basis to attack the validity of this Agreement.
Each party acknowledges that he or she has had the opportunity to
receive independent legal advice from counsel from his or her selection, and that
each fully understands the facts and has been fully informed as to his or her
legal rights and legal obligations, and each party acknowledges and accepts that
this Agreement is, and the circumstances, fair and equitable, and that it is being
entered into freely and voluntarily, after having had the opportunity to receive
such advice and with such knowledge, and that execution of this Agreement is
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not the result of any duress or undue influence, and that it is not the result of any
improper or illegal agreement or agreements,
14, VOLUNTARY EXECUTION:
The provisions of this Agreement are fully understood by both parties and
each party acknowledges that this Agreement is fair and equitable, that it is
being entered into voluntarily and that it is not the result of any duress or undue
influence, Further, each party acknowledges that he or she has the mental
capacity to understand the terms provided herein and has not been placed
under duress, coercion or any physical or mental stress,
15, ENTIRE AGREEMENT:
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,
16, PRIOR AGREEMENT:
It is understood and agreed that any and all property settlement
agreements which mayor have been executed prior to the date and time of this
Agreement are null and void and of no effect.
17, MODIFICATION AND WAIVER:
Any modification or waiver of any provision of this Agreement shall be
effective only if made in writing and executed with the same formality as 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,
18, GOVERNING LAW:
This Agreement shall be governed by and shall be construed in
accordance with the laws of the Commonwealth of Pennsylvania,
19, INDEPENDENT SEPARATE COVENANTS:
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