HomeMy WebLinkAbout99-07177L^?
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IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY
t STATE OF rft+??'itK, PENNA.
SHERRY R. SNEDEKER,
t..9.9.-?..7.7.._cxvx.l........ 19
............................... . Plaintiff.... ......... .... .....
\'cisu,
JEFFREY C. SNEDEKER,
Defendant
DECREE IN
D I VOR CE
AND NOW, ......... ?c?o/. ? . Z ?.. )V9..?000 it is ordered and
decreed that .... ,SHERRY. .. R.. .SNEDEKER. plaintiff,
.......
and .... JEFFREY, C,., ,SNEDEKER, • • • • , . • . • . • .. , defendant,
are divorced from the bonds of matrimony.
The court retains jurisdiction of the following claims which have
been raised of record in this action for which a final order has not yet
been entered;None.
The Separation. and.Property,,Settlement ,Agzeement,.dated. August
..............
25, 2000, is incorporated, but not merged into this final
...........................................................................
Decree in Divorce.
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By T c Court:, / '•'
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SHERRY R. SNEDEKER,
Plaintiff
: IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY, PA
VS. : NO. 99-7177 CIVIL TERM
.JEFFREY C. SNEDEKER,
Defendant : IN DIVORCE
PRAECIPE TO TRANSMIT RECORD
TO THE PROTHONOTARY
Kindly transmit the record, together with the following information, to the Court for
entry of a divorce decree:
1. Ground for divorce: irretrievable breakdown under Section 3301(c) of the
Divorce Code.
2. Date and manner of service of the complaint: December 2, 1999, by Certified
Mail, Restricted Delivery.
3. (Complete either paragraph (a) or (b).).
a. Date of execution of the affidavit of consent required by Section 3301(c) of
the Divorce Code: by plaintiff on Member 18.2000; by defendant on August 22, 2000.
b. (1) Date of execution of the affidavit required by Section 3301(d) of the
Divorce Code:
(2) Date of filing and service of the plaintiffs affidavit upon the defendant:
4. Related claims pending: NONE
5. (Complete either (a) or (b).)
(a) Dale and manner of service of the notice of intention to file praecipe to
transmit record, a copy of which is attached: NIA
(b) Date plaintiffs Waiver of Notice in Section 3301(c) Divorce was filed with
the Prothonotary: September 20, 2000.
Date defendant's Waiver of Notice in Section 3301(c) Divorce was filed with
the Prothonotary: September 20, 2000.
Date: 'Aa ScP ?L v
'A MARIE C NE, ESQUIRE
Attorney for Plaintiff
Piz. Supreme Cf. No. 53788
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SHERRY R. SNEDEKER,
Plaintiff,
VS.
JEFFERY C. SNEDEKER,
Defendant.
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
:NO.-i9.9/-7 7 CIVIL TERM
: 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 the divorce is indignities or irretrievable breakdown of the marriage, you
may request marriage counseling. A list of marriage counselors is available in the Office of the
Prothonotary, Cumberland County Courthouse, 1 Courthouse Square, Carlisle, PA 17013
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, TO GET LEGAL HELP SHOULD
CONTACT:
Cumberland County Lawyer Referral Service
1 Liberty Avenue, Carlisle, Pennsylvania
1-(800)-990-9108
COYNE & COYNE, P.C.
. Marie Coyne, Esquire
1 Market Street
Camp Hill, PA 17011-4227
(717) 737-0464
Pa.. Supreme Ct. No. 66250 5 37 S-S
Attorney for Plaintiff
SHERRY R. SNEDEKER,
Plaintiff,
VS.
JEFFERY C. SNEDEKER,
Defendant.
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
NO. 7 / 7ACIVIL TERM
IN DIVORCE
COMPLAINT UNDER SECTION 3301(c) OR
3301(d) OF THE DIVORCE CODE
NOW COMES the Plaintiff, Sherry R. Snedeker, by her attorney, Lisa Marie Coyne, Esquire
and files this Complaint In Divorce and avers the following in support thereof:
I. The Plaintiff, Sherry R. Snedeker, is an adult individual residing at 136 College Hill
Road, Enola, Cumberland County, Pennsylvania
2. The Defendant, Jeffery C. Snedeker, is an adult individual residing at 255 Brick Church
Road, Enola, Cumberland County, Pennsylvania.
3. The Plaintiff and Defendant have been bona fide residents in the Commonwealth for at
least six months previous to the filing of this Complaint.
4. The Plaintiff and Defendant were married on June 8, 1996, at Mechanicsburg,
Pennsylvania, and separated on or about August 15, 1999.
5. Neither the Plaintiff nor the Defendant is a member of the Armed Services of the United
States or any of its Allies.
6. There is one minor child of the marriage, Dakota Scott Snedeker, bom February 8, 1997.
7. There have been no prior actions of divorce or for annulment between the parties.
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8. The marriage is irretrievably broken.
9. Plaintiff has been advised that counseling is available and that plaintiff may have the
right to request that the court require the parties to participate in counseling. Further, Plaintiff waives his
right to request that the parties participate in marriage counseling.
WHEREFORE, Plaintiff respectfully requests that this Honorable Court enter a decree in
Divorce to Plaintiff.
COUNT ONE:
10. The prior paragraphs are incorporated herein by reference thereto.
11. Plaintiff and Defendant have acquired property and debts during their marriage.
12. Plaintiff and Defendant have been unable to agree as to the equitable division of said
property and debts.
WHEREFORE, Defendant requests this Honorable Court to equitably divide all marital
property and debts pursuant to the Divorce Code.
Dated: /1-201-99
Respectfully submitted:
COYNE & COYNE, P.C.
'01
VS/( MARIE COYNE, Esq re
1 Market Street
Camp Hill, PA 17011-4227
(717) 737-0464
Pa. S. Ct. No. 53788
Attorney for Plaintiff
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VERIFICATION
The facts set forth in the foregoing are true and correct to the best of the undersigned's
knowledge, information and belief and are verified subject to the penalties for unswom
falsification to authorities under 18 Pa. C.S.A. Section 4904.
Dated: it - z 7 - 9 l 9 , ?L ) v c ?A' &/,,
SHERRY SNE EKER
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SHERRY R. SNEDEKER, : IN THE COURT OF COMMON PLEAS OF
Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA
Vs. : NO. 99-7177 CIVIL TERM
JEFFREY C. SNEDEKER,
Defendant : IN DIVORCE
AFFIDAVIT OF CONSENT
1. A Complaint In Divorce under Section 3301(c) of the Divorce Code was fled on
November 30, 1999.
2. The marriage of plaintiff and defendant is irretrievably broken and ninety (90) days have
elapsed from the date of filing and service of the Complaint.
3. I consent to the entry of a final decree of divorce alter service of notice of intention to
request entry of the decree.
I verify that the statements made in this affidavit are true and correct. I understand that false
statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unswom
falsification to authorities.
Dated: `?- / `? - !1'()1/1 K? • `,Y y(?CS? (_
SHERRY ILSNEDEKER, Plaintiff
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SHERRY R. SNEDEKER, : IN THE COURT OF COMMON PLEAS OF
Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA
NO. 99-7177 CIVIL TERM
VS.
JEFFREY C. SNEDEKER, :
Defendant IN DIVORCE
WAIVER OF NOTICE OF INTENTION TO REQUEST
ENTRY OF A DIVORCE DECREE UNDER SECTION 330
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. 1 understand
that a it is filed with the
copy of the decree divorced
be sent to me immediatelysafterr
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. Section 4904 relating to unswom
falsification to authorities. 17- 1 Date:
SHERRY R. EDEKER, Plamtrff
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SHERRY R. SNEDEKER, : IN THE COURT OF COMMON PLEAS OF
Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA
Vs. : NO. 99-7177 CIVIL TERM
JEFFREY C. SNEDEKER,
Defendant : IN DIVORCE
AFFIDAVIT OF CONSENT
1. A Complaint In Divorce under Section 3301(c) of the Divorce Code was filed on
November 30, 1999.
2. The marriage of plaintiff and defendant is irretrievably broken and ninety (90) days have
elapsed from the date of filing and service of the Complaint.
3. I consent to the entry of a final decree of divorce alter service of notice of intention to
request entry of the decree.
I verify that the statements made in this affidavit are true and correct. I understand that false
statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unswom
falsification to thorities.
Dated: ? /
F SNEDEKER, Defendant
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SHERRY R. SNEDEKER. : IN THE COURT OF CO.-MMON PLEAS OF
Plaintiff : CUMQERL.-ii-YD COUNTY, PEN1WrLVANIA
VS. : NO. 99-71777334 CIVIL TERM
JEFFREY C.SNEDEKER,
Defendant : N DIVORCE
WAIVER OF NOTICE OF INTENTION TO RE VEST
ENTRY OF A DIVORCE DECREE UNDER SECTION 3301 c
OFTIIE DIVORCE CODE
1. I consent to the entry of a final decree of divorce without notice.
2. I understand that I may lose rights concerning alimony, division of property, lawyer's
fees or expenses if 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
falsi of 13 Pa. C.S. Section 4904 relating to unswom
falsification to authorities.
Date•
FF • C NEDEKER, Defendant
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SHERRY R. SNEDEKER, : IN THE COURT OF COMMON PLEAS
Plaintiff, : CUMBERLAND COUNTY, PENNSYLVANIA
VS. : NO. 99-7177 CIVIL TERM
JEFFREY C. SNEDEKER,
Defendant : IN DIVORCE
CERTIFICATE OF SERVICE
1, Lisa Marie Coyne, Esquire, of Coyne & Coyne, P.C., hereby certify that a true copy of the
Complaint Under Section 3301(c) or 3301(d) of the Divorce Code was served December 2, 1999,
upon the below-referenced individual at the below listed address by way of First Class Certified Mail,
return receipt requested, postage prepaid:
Mr. Jeffrey C. Snedeker
255 Brick Church Road
Enola, PA 17025
Dated: 03 Dec Cl `j
/DYNE & COYNE, P P. .NEC.
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39 1 Market Street
Camp Hill, PA 170114227
(717) 737-0464
Pa. S. Ct. No. 53788
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SHERRY R. SNEDEKER,
Plaintiff
Vs.
JEFFREY C. SNEDEKER,
Defendant
IN THE COURT OF COMMON PIXAS
CUMBERLAND COUNTY, PA
: NO. 99-7177 CIVIL TERM
: IN DIVORCE
PRAECIPE
TO THE PROTHONOTARY:
Kindly docket of record the attached Separation and Property Settlement Agreement,
dated August 25, 2000.
Dated: 9-/9- V
Respectfully submitted:
COYNE & COYNE, P.C.
By: is
a Marie Coi?9
01 Market reet
Camp Hill, PA 17011-4227
(717) 737-0464
Pa. Supreme Ct. No. 53788
Attorney for Plaintiff
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SHERRY R. SNEDEKER, : IN TIIE COURT OF COMMON PLEAS p R
Plaintiff : CUhIQERLAND COUNTY, PENNSYLVANIA
Vs. NO. 99 - 7177 CIVIL TEMNI
JEFFERY C. SNEDEKER,
Divorce IN DIVORCE
SEPARATION AND PROPERTY SETTLEMENT AGREEMENT
This Agreement, made this o451? day of ,9-v!r , 2000, by and between
SHERRY R. SNEDEKER, hereinafter referred to as "Wife", and JEFFREY C. SNEDEKER,
hereinafter referred to as "Husband".
WITNESSETH:
WHEREAS, Husband and Wife were lawfully married on June 8, 1996 in Mechanicsburg,
Cumberland County, Pennsylvania and separated on or about August 15, 1999; and
WHEREAS, certain differences have arisen between the parties as a result of which they have
separated and now live separate and apart from one another, and are desirous of settling 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 past, present and future support
and/or maintenance of Wife by Husband or of Husband by Wife; and
2. In general, the settling of any and all claims and possible claims by one against the other
or against their respective estates for equitable distribution of all marital property; and
3. A resolution of all marital responsibilities and rights growing out of the marriage
relationship; and
NVHEREAS, the parties have each had an opportunity to review this agreement with separate
legal counsel before execution of the agreement.
NOW, THEREFORE, in consideration of the, above recitals and the following covenants and
promises mutually made and mutually to be kept the parties heretofore, intending to be legally bound and
to legally bind their heirs, successors, and assigns thereby, covenant, promise, and agree as follows:
1. SEPARATION: It shall be lawful for each party at all times hereafter to live separate
and apart from each other at such place or places as he or she may from time to time choose or deem fit.
2. INTERFERENCE: Each party shall be free from interference, authority and contact 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 shall molest the other nor attempt to endeavor to molest the
other, nor compel the other to cohabit with the other, nor in any way harass or malign the other, nor in
any way interfere with the peaceable existence, separate and apart from the other in all respects as if he
or she were single and unmarried.
3. WIFE'S DEBTS: Wife represents and warrants to Husband that since their separation
on August 15, 1999, she has not, and in the future she shall not, contract or incur any debt or liability for
which Husband or his Estate might be responsible and shall indemnify and save Husband harmless from
any and all claims and demands made against him by reason of debts or obligations incurred by her.
4. HUSBAND'S DEBTS: Husband represents and warrants to Wife that since their
separation on August 15, 1999, he has not, and in the future he will not, contract or incur any debt or
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liability for which Wife or her Estate might be responsible and shall indemnify and save Wife harmless
from any and all claims and demands made against her by reason of debts or obligations incurred by him.
5. OIITSTAINDING JOINT DEBTS: Husband and Wife acknowledge and agree that
they have no outstanding debts and obligations of the Husband and Wife including prior to the signing of
this Agreement, except as follows:
Item
Person Assuming
Responsibility
Montgomery Ward Account. No. 130546137 Husband
Mastercard Account No. 5490993450935343 Husband
HRS Account No. 0291191656891608 Husband
Capital One Visa Account No. 4121741278328203 Wife
Bon Ton Account No. 100155902060 Wife
American Express Account No. 3711046161500 Wife
American General Finance Account No. 2981508040488424 Wife
Members 1st FCU (Car Loan)
Wife
Each party agrees to pay the outstanding joint debts set forth herein and further agrees to
indemnify, defend, and save harmless the other from any and all claims and demands made against either
of them by reason of such debts or obligations.
Further, upon execution of this Agreement, each party will within thirty (30) days of
execution of this Agreement remove the other's name from the designated account or close the
account and transfer the balance to a new account solely in the name of the designated
responsible person. Each party will provide the other with written proof and certification that the
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designated accounts have been closed and the balances transferred to a new account solely in the
name of the designated responsible person.
6. MUTUAL RELEASE: Subject to the provisions of this Agreement, each party waives
his or her rights to alimony and any further distribution of property inasmuch as the parties hereto agree
that this Agreement provides for an equitable distribution of their marital property in accordance with the
Pennsylvania Divorce Code of 1980, as amended. Subject to the provisions of this Agreement, each
party has released and discharged, and by this Agreement does for himself or herself, and his or her
heirs, legal representatives, executors, administrators, and assigns, release and discharge the other of and
from all causes of action, claims, rights or demands whatsoever in law or equity which either of the
parties ever had or now have against the other, except any or all cause or causes of action for divorce and
except in any or all causes of action for divorce and except in any or all causes of action for breach of
any provision of this Agreement. Each party also waives his or her right to request marital counseling
pursuant to 23 Pa. C.S.A. Section 3302.
7, E UITABLE DISTRIBUTION OF MARITAL PROPERTY: The parties have
attempted to distribute their marital property in a manner which conforms to the criteria set forth in 23
Pa. C.S.A. Section 3501, et. seg., and taking into account the following considerations: the length of
manage; the fact that it is the first marriage for Wife and second marriage for Husband; the age, health,
station, amount and sources of income, vocational skills, employability, estate, liabilities and needs of
each of the parties; the contribution of each party to the education, training for increased earnings power
of the other party; the opportunity of each party for future acquisitions of capital assets and income; the
sources of income or of both parties, including but not limited to medical, retirement, insurance or other
benefits; the contribution or dissipation of each party in the acquisition, preservation, depreciation or
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appreciation of the marital property, including the contribution of each spouse as a homemaker; the value
of the property set apart to each party; the standard of living that the parties established in the marriage;
and the economic circumstances of each party at the time the division of property is to become effective.
The division of existing marital property is not intended by the parties to constitute in
any way sale or exchange of assets, and the division is being effected without the introduction of outside
funds or other property not constituting marital property. The division of property under this Agreement
shall be in full satisfaction of all marital rights of the parties.
A. DISTRIBUTION OF PERSONAL PROPERTY: The parties hereto mutually agree
that they have affected 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 as found at
Exhibit A attached hereto.
The parties further agree to the division of the following intangible marital property as follows:
Account:
Pars
BELCO Checking and Savings Account No. 861460 Husband
Members 1st FCU Checking and Savings Account No. 156006 Wife
Neither party shall make any claims to any such items of marital property, or of the separate
personal property of each other, which is now in the possession and/or under the control of the other
except as identified above. Should it become necessary, the parties each agree to sign, upon request, any
titles or documents necessary to give effect to this paragraph. Property shall be deemed in the possession
or under the control of either party if, in the case of tangible personal property, the item is physically in
the possession or control of the party at the time of the signing of this Agreement and, in the case of
intangible personal property, if any physical or written evidence of ownership, such as passbook,
checkbook, policy or certificate of insurance or other similar writing is in the possession or control of the
party.
From and after the date of the signing of this Agreement, both parties shall have the
complete freedom of disposition as to his/her separate property and any property which is in their
possession or control pursuant to this Agreement and may mortgage, 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 Wife need join in, consent to, or acknowledge
any deed, mortgage or other instrument of the other pertaining to such disposition f property.
B. TAX LIB T1': The parties believe and agree that the division of property
heretofore made by this Agreement is a non-taxable division of property between co-owners rather than a
taxable sale or exchange of such property. Each party promises not to take any position with respect to
the adjusted basis of the property assigned to him or her or with respect to any other issues which is
inconsistent with the positions set forth in the preceding sentences on his or Federal or State Income Tax
Return.
8. MOTOR VEHICLES: With respect to the motor vehicles owned by the parties, they
agree that Husband shall retain the 1991 Ford Ranger titled in the Husband's name which shall be the
exclusive property of the Husband. Wife shall receive the 1996 GMC Jimmy which is presently titled in
Husband's name. Husband agrees to transfer the title to the 1996 GMC Jimmy upon the execution of
this agreement. Once titled in Wife's name, the said GMC Jimmy shall be the exclusive property of the
Wife.
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9. IlEALTH INSURANCE: After the date of entry of the Decree In Divorce, the parties
shall be responsible for obtaining their own individual health insurance coverage.
10. PENSIONS: The parties agree to waive any claim which they may have to the
other spouse's pension or retirement benefits, if any so exist.
11. SPOUSAL SUPPORT, ALIMONY PENDENTE LITE, ALIMONY: Both parties
acknowledge and agree that the provisions of this Agreement providing for equitable distribution of
marital property are fair, adequate and satisfactory to them and are accepted by them in lieu of a full and
final settlement and satisfaction of any claims or demands that either may now or hereinafter have
against the other for spousal support, maintenance, or alimony. Husband and Wife further, voluntarily
and intelligently, waive and relinquish any right to seek from the other any payment for spousal support,
alimony pendente lite, or alimony.
12. COUNSEL FEES. AND EXPENSES: Husband and Wife acknowledge and agree that
the provisions of this Agreement providing for the equitable distribution of marital property of the parties
are fair, adequate and satisfactory to them. Both parties agree to accept the provisions set forth in this
Agreement in lieu of and in full and final settlement and satisfaction of all claims and demands that
either may now or hereafter have against the other for counsel fees or expenses or any other provision for
their support and maintenance before, during, and after the commencement of these proceedings for
divorce between the parties.
13. INCOME TAX PRIOR RETUWNS: The parties have hereunto filed certain joint
Income Tax Returns through and including Tax Year 1999. The parties agree to divide the 1999 Income
tax refund for federal, state, and local with half of the refund to each party. The parties represent and
warrant to each other that they have heretofore duly paid all Income Taxes due on such returns; and he or
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she does not owe any interest or penalties with respect thereto; and that no tax deficiency is pending or
threatened against him or her; and that no audit is pending with respect to any such return. If there is any
deficiency assessment on any of the aforesaid returns, the noticed party shall give the other immediate
notice thereof, in writing. The parties further warrant that the party who has caused the penalty,
deficiency assessment, or interest, shall pay the amount ultimately determined to be due, together with
interest and penalties, if any, as well as all expenses that may be incurred if he or she decides to contest
the assessment. Further, the deficient party shall indemnify, defend, and hold harmless that party who
has not caused the said deficiency.
14. WAIVERS OF CLAIMS AGAINST ESTATES: Except as herein otherwise provided,
each party may depose of his or her property in any way, and each property hereby waives and
relinquishes any and all rights he or she may now have or thereafter acquire, under the present or future
laws of any jurisdiction, to share in the property of the estate of the other as a result of the marital
relationship, including without limitation, dower, curtsey, statutory allowance, widow's allowance, right
to take intestacy, right to take against the will of the other, and right to act as Administrator or Executor
of the other's estate. Each will, at the request of the other, execute, acknowledge, and deliver any and all
instruments which may be necessary or advisable to carry into effect this mutual waiver and
relinquishment of all such interest, rights, and claims.
15. MUTUAL CONSENT DIVORCE: The parties agree and acknowledge that their
marriage is irretrievably broken, that they do not desire marital counseling, and that they both consent to
the entry of a Decree in Divorce pursuant to 23 Pa. C.S.A. Section 3301(c). Accordingly, both parties
agree to forthwith execute such consents, affidavits, or other documents and to direct their respective
attorneys to forthwith file consents, affidavits, or other documents as may be necessary to promptly
8
proceed to obtain a divorce pursuant to said Section 23 Pa. C.S.A. Section 3301(c). Upon request and to
the extent permitted by law and the applicable Rules of Civil Procedure, the named Defendant in such
divorce action shall execute any waivers of notice or other waivers necessary to expedite such divorce.
It is the intention of the parties that the Agreement shall survive any action for divorce
which may be instituted or prosecuted by either party -and no Order, Judgment or Decree In Divorce,
temporary, final or permanent shall affect or modify the financial terms of this Agreement. This
Agreement shall be incorporated but shall not be merged with said Judgment or Decree of Final Divorce,
but shall be incorporated for the purpose of enforcement only.
16. BREACH AND ENFORCEbIENT: 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,
or seek such other remedies or relief as may be available to him or her, and the party breaching this
Agreement shall be responsible for payment of attorney fees, legal fees and costs incurred by the other in
enforcing his or her rights under this Agreement.
17. ADDITIONAL 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 father instruments
that may be reasonably required to give full force and effect to the provisions of this Agreement.
18. TAX ADVICE: Both parties hereto hereby acknowledge and agree that they have had
the opportunity to retain their own accountants, certified public accountants, tax advisor, or tax attorney
with reference to tax implications of this Agreement. Further neither party has been given any tax advice
whatsoever by their respective attorneys. Further, both parties hereby acknowledge that they have been
advised, by their respective attorneys, if any, to seek their own independent tax advice by retaining an
accountant, certified public accountant, tax attorney, or tax advisor with reference to the tax implications
9
involved in this Agreement. Further, the parties acknowledge and agree that their signatures to this
Agreement serve as their acknowledgment that they have read this particular paragraph and have had the
opportunity to seek independent tax advice.
19, VOLUNTARY EXECUTION: The provisions of this Agreement and their legal effect
have been fully explained to the parties by their respective counsel, and each party acknowledges that the
Agreement is fair and equitable, that it is being entered into voluntarily, with the full knowledge of the
assets of both parties, and that it is not the result of any duress or undue influence. The parties
acknowledge that they have been furnished with all information related to the financial affairs of the
other which has been requested by each of them or by their respective counsel.
20. ENTIRE AGREEMENT: This Agreement contains the entire understanding of the
parties. 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 division of marital and separate property 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 this Agreement with
respect 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 23 Pa. C.S.A. Section 3501, et. seq., or
any other laws. Husband and Wife each voluntarily and intelligently waiver or relinquish any right to
seek a court ordered termination and distribution of marital property but nothing herein contained shall
constitute a waiver of either party of any rights to seek the relief of any Court for the purpose of
enforcing the provisions of this Agreement.
10
21. DISCLOSURE: Husband and Wife each represent and warrant to the other that he or
she has made full and complete disclosure to the other of all assets of any nature whatsoever in which
such party has an interest, the sources and amount of income of such party or every type whatsoever and
of all other facts relating to the subject matter of this Agreement.
22. MODIFICATION AND WAIVER:., Modification and waiver of any other provisions
of this Agreement shall be effective only if made in writing and executed with the same formality 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.
23. PRIOR AGREEMENT: It is understood and agreed that any and all property
settlement agreements which may have been executed prior to the date and time of this Agreement are
null and void and of no effect.
24. DESCRIPTIVE HEADINGS: The descriptive headings used herein are for
convenience only. They shall have no effect whatsoever in determining the rights or obligations of the
parties.
25. INDEPENDENT AND SEPARATE COVENANTS: It is specifically understood and
agreed by and between the parties hereto that each paragraph hereof shall be deemed to be separate and
independent covenant and agreement.
26. APPLICABLE LAW: This Agreement shall be construed under the laws of the,
Commonwealth of Pennsylvania.
27. VOID CLAUSES: If any tern, 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,
I?
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11
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.
28. AGREEINIENT BINDING ON HEIRS: This Agreement shall be binding and shall
inure to the benefit of the parties hereto and their respective heirs, executors, administrators, successors,
and assigns.
IN WITNESS WHEREOF, the parties hereto have set their hands and seals the day and year first
above written.
n
SHERRY
Witness
(SEAT.)
c
Husband (SEAL)
12
EXHIBIT "A„
Husband:
Thomas Kinkade wall-hanging blanket
Refrigerator
Washer
Dryer
CD Player
Black Television
Entertainment Center
Dehumidifier
Weed-eater
Items from Aunt Polly
BBQ Grill
Downstairs Dining Room Set
Quilt wall hanger
Rocking horse
Pfaltzgraf dishes
pfaltzgraf canisters
Bedroom suit
Eke-*
Microwave & stand
Upstairs Dining room set
Curio cabinet
Thomas Kinkade plates & music box
Living room coffee & end tables
two (2) Living room lamps
all Kitchenware
Brown Television and stand
Air conditioners
Lawn mower
Bunk beds
three (3) dressers
Colby's dresser
Dakota's small dresser
Patio & Deck furniture
Shelf in kitchen
Shelf in dining room
two (2) shelves in living room
Sharp vacuum
Hope chest
Computer/printer, etc. and desk
Playstation
Downstairs living room suit
13
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