HomeMy WebLinkAbout04-1545CHRISTINE M. BOOK
Plaintiff
RICHARD J. BOOK
Defendant
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
0
LAW - DIVORCE
NOTICE TO DEFEND A/FD 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 at the Cumberland County Courthouse,
First Floor, Carlisle, Pennsylvania 17013, Telephone: (717)-240-
6195.
IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF
PROPERTY, LAWYER'S FEES OR EXPENSES BEFORE A DIVORCE OR ANNULMENT
IS GRANTED, YOU MAY LOSE THE RIGHT TO CLAIM ANY OF THEM.
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF
YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE
THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL
HELP.
Cumberland County Bar Association
2 Liberty Avenue
Carlisle, Pennsylvania 17013
Telephone (717)-249-3166
CHRISTINE M. BOOK :
Plaintiff :
VS. :
RICHARD J. BOOK :
Defendant :
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO.
LAW - DIVORCE
COMPLAINT
The plaintiff by her attorney, MURREL R. WALTERS, III,
ESQUIRE, brings this action in divorce for a Decree of Divorce
from the bonds of matrimony and respectfully represents:
1. The plaintiff is CHRISTINE M. BOOK, an adult individual,
who currently resides at 4503 Chestnut Avenue, Camp Hill,
Cumberland County, Pennsylvania.
2. The defendant is RICHARD J. BOOK, an adult individual,
Avenue, Camp Hill,
who currently resides at 4503
Cumberland County, Pennsylvania.
3. Plaintiff is a bona fide
Chestnut
resident of the Commonwealth of
Pennsylvania and has been for at least six
previous to the filing of this Complaint.
4. The plaintiff and defendant were
1995 in Pittsburgh, Pennsylvania.
5. There have been no prior actions
annulment between the parties.
broken.
7.
Divorce.
(6) months immediately
married on March 26,
The plaintiff avers that the marriage
of divorce or for
is irretrievably
The plaintiff requests the Court to enter a
Decree of
8. Plaintiff has been advised of the availability of
marriage counseling and that she may have the right to request the
court to require the parties to participate in such counseling.
Being so advised, plaintiff does not request that the court
require the parties to participate in counseling prior to a
Divorce Decree being handed down by the court.
WHEREFORE, the Plaintiff prays that a Decree in Divorce be
entered divorcing Plaintiff from the bonds of matrimony heretofore
existing between Plaintiff and Defendant.
Murrel Walters, III,
Attorney for Plaintiff
54 E. Main Street
Mechanicsburg, PA 17055
(717) 697-4650
I.D. No. 24849
Esquire
I, CHRISTINE
this Complaint are
statements herein made are subject to the penalties of 18
~4904, relating to unsworn falsification to authorities.
VERIFICATION
M. BOOK, verify that the statements made in
true and correct. I understand that false
Pa. C.S.
Dat.d:Z/ ~ $ , 2oo4
M. BOOK
CHRISTINE M. BOOK :
Plaintiff :
:
vs. : NO. 2004-01545
RICHARD j. BOOK : LAW - DIVORCE
Defendant :
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
AFFIDAVIT OF SERVICE
I, MURREL R. WALTERS, III, ESQUIRE, being duly sworn
according to law, depose and say that on April 16, 2004,
Defendant, Richard J. Book, was served with a copy of the Divorce
Complaint filed by Christine M. Book, by certified mail,
restricted delivery. A copy of the receipt is attached hereto.
Murrel R. Walters, III, Esquire
Attorney for Plaintiff
54 E. Main Street
Mechanicsburg, PA 17055
(717) 697-4650
I.D. No. 24849
Sworn to and subscribed
before me this /&~_. day
of ~ ,
Notary Public
2004.
NOTARIAL SEAL I
DEBOR~AH I.. RYAN. NOTARY PUBLIC ~
CITY OF ME,,.,H AN~C,~SURG, CUUBERLAN~D COUNTY]
MY COMMISSION EXPIRES JUNE 1 ,, 2006 ~
· P~nt Y~U. r ~M~e ~nd addmee on t~e reverse
so thst we can mbJm the Grad to you.
· Att~h this card to the back of the rnallplece,
2. /~kde Number
D. lede~eyeddremdl/Mrmtfnxnlteml? ~lyes
DELIVERY
[] b~umcl Mai
[] Expm ~
[] RMum Re(~ fM Me~'h~dlme
[] C.O.D.
7003 1680 0007 0782 4766
P8 Form 3811, August 2M)1 -~ -. Dorm.~ Return ~ 10~.Se6-O~M-1540
CHRISTINE M. BOOK
Plaintiff
vs.
RICHARD J. BOOK
Defendant
IN THE COURT OF CO~940N PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 2004-01545
LAW - DIVORCE
AFFIDAVIT OF CONSENT
1. A complaint in divorce under Section 3301(c) of the
Divorce Code was filed on April 12 , 2004.
2. The marriage of plaintiff and defendant is irretrievably
broken and ninety days have elapsed from the date of filing the
Complaint.
3. I consent to the entry of a final decree of divorce after
service of notice of intention to request entry of the decree.
I verify that the statements made in this affidavit are true
and correct. I understand that false
subject to the penalties of 18 Pa.C.S.
falsification to authorities.
statements herein are made
§ 4904 relating to unsworn
Date,
CHRISTINE M. BOOK
Plaintiff
vs.
RICHARD j. BOOK
Defendant
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 2004-01545
LAW - DIVORCE
WAIVER OF NOTICE OF INTENTION TO REQUEST
ENTRY OF A DIVORCE DECREE
UNDER S 3301(c) OF Tm 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 decree 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 understand that the statements
true and correct. I understand that
made subject to the penalties of 18
unsworn falsification to authorities.
made in this affidavit are
false statements herein are
Pa.C.S. § 4904 relating to
Date:
CHRISTINE M. BOOK
Plaintiff
vs.
RICHARD J. BOOK
Defendant
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 2004-01545
LAW - DIVORCE
AFFIDAVIT OF CONSENT
1. A complaint in divorce under Section 3301(c) of the
Divorce Code was filed on April 12, 2004.
2. The marriage of plaintiff and defendant is irretrievably
broken and ninety days have elapsed from the date of filing the
Complaint.
3. I consent to the entry of a final decree of divorce after
service of notice of intention to request entry 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. § 4904 relating to unsworn
falsification to authorities.
RICHARD J/~BOOK
CHRISTINE M. BOOK
Plaintiff
VS.
RICTL~RDJ. BOOK
Defendant
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 2004-01545
LAW - DIVORCE
WAIVER OF NOTICE OF INTENTION TOR~QUEST
E~TaY OF A DIVORCE DECREE
UNDER S 3301(c) OF THE 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 decree 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 understand that the statements
true and correct. I understand that
made subject to the penalties of 18
unsworn falsification to authorities.
made in this affidavit are
false statements herein are
Pa.C.S. § 4904 relating to
Date:
RICHARD y/BOOK
CHRISTINE M. BOOK
RICHARD J. BOOK
Plaintiff
VS.
Defendant
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL DIVISION
NO. 2004-01545 CIVIL TERM
PRAECIPE TO TRANSMIT RECORD
To the Prothonotary:
Transmit the record, together with the following information to the court for entry of a divorce decree:
1. Ground for divorce:
Irretrievable breakdown under §3301(c)
3301(d)(1) of the Divorce Code.
(Strike out inapplicable section).
2. Date and manner of service of the complaint: April 16, 2004 by certified mail,
restricted delivery
Complete either paragraph (a) or (b).
(a) Date of execution of the affidavit of consent required by §3301 (c) of the Divorce Code:
by plaintiff 8/16/04
; by defendant 8/16/04
(b) (1) Date of execution of the affidavit required by §3301(d)
of the Divorce Code:
(2) Date of filing and service of the plaintiff's affidavit upon the respondent:
4. Related claims pending: NONE
5. Complete either (a) or (b).
(a) Date and manner of service of the notice of intention to file preecipe to transmit record, a
copy of which is attached:
(b)
Date of plaintiff's Waiver of Notice in §3301 (c) Divorce was filed with
the Prothonotary:.
Date defendant's Waiver of Notice in §3301 (c) Divorce was filed with
the Prothonotary:
Attorney r Plaintiff
IN THE COURT OF COMMON PLEAS
OFCUMBERLANDCOUNTY
STATE OF
CHRISTINE M. BOOK
i,PENNA.
N O. 2004-01545
VERSUS
RIC[~HD Jo BOOK
AND NOW,
DECREED THAT
DECREE IN
DIVORCE
CHRISTINE M. BOOK
, P~, IT IS ORDERED AND
, PLAINTIFF,
AND '~"rc,~a~n j, P/iOW , 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;
NO~E
ATTEST:
PROTHONOTARY
CHRISTINE M. BOOK,
Plaintiff
V.
RICHARD J. BOOK,
Defendant
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 04-1545 - Civil Term
OUALIFIED DOMESTIC RELATIONS ORDER (QDRO)
AND NOW THIS, day of ,2004, it appears to
the Court as follows:
1. The parties hereto were husband and wife, seek this Order in conjunction
with a final decree of dissolution of marriage dated September 3, 2004 in that action
pending in this Court at the above number.
2. Richard J. Book, Social Security number 173-44-7599, hereinafter
referred to as "Participant", was employed by Messiah Village, is a participant in the
Teachers Insurance and Annuity Association - College Retirement Equities Fund,
hereinafter 'TIAA-CREF" and has the following annuities:
TIAA Retirement Annuity (RA) Contract
CREF RA Certificate
No. C483236-0
No. U483236-8
Richard J. Book's current and last known mailing address is 1331 Harbor
Edinburg Road, Edinburg, Pennsylvania 16116.
3. The Alternate Payee is Christine M. Book, whose current and last know
mailing address is 4503 Chestnut Avenue, Camp Hill, Pennsylvania 17011. The
Alternate Payee's Social Security Number is 168-38-8358, date of birth is January 23,
1956, and daytime phone number is 717-608-8151.
4. To accommodate the marital/community property distribution between the
parties IT IS ORDERED, ADJUDGED AND DECREED AS FOLLOWS:
That the TIAA-CREF annuities previously referenced are marital
mo
property.
B.
Upon finalization of this Order and pursuant to the terms of said annuities,
the current values as of the valuation date of the Participant's TIAA-CREF annuity
accumulations for the Marital Portion defined below shall be awarded as the Alternate
Payee's sole and exclusive property to be applied to TIAA-CREF annuities subject to the
terms and limitations of said annuities.
i. Marital Portion of 50% to be transferred has been determined.
(a) accumulations are to be valued as of September 3, 2004,
the date the Marital/Community property interest ceased:
TIAA RA NO. C483236-0 CREF RA No. U483236-8
ii. Marital portion of 50% is to be transferred and TIAA-CREF is to
calculate the accumulation to be transferred.
(a) the accumulations attributable to premiums remitted from
March 26, 1995 through September 3, 2004, being the dates of the inception and
termination of the marital/community property interest.
TIAA RA NO. C483236-0 CREF RA No. U483236-8
iii. Transfer Values.
The values actually transferred will reflect interim investment experience until
the transfer is recorded by TIAA-CREF. The TIAA Traditional accumulation will
increase over time, whereas the TIAA Real Estate and CREF accumulations may increase
or decrease, reflecting the performance of the underlying investments
C. Conditions of division of annuity contracts:
i. All ownership and interest in the balance of accumulation not
transferred in all annuities issued to the Participant by TIAA-CREF will belong to the
Participant.
ii. All ownership rights in the newly issued annuities will belong to
the Alternate Payee.
iii. The beneficiary designation of the Alternate Payee's annuities will
be his or her estate, unless a beneficiary designation is submitted pursuant to the
provisions of the contracts, and accepted by TIAA-CREF. The Alternate Payee must
review the contracts at issuance for accuracy and inform TIAA-CREF of any change of
address.
iv. The Alternate Payee's annuities will be issued with the same
investment allocation as the Participant's applied pro rata. The Alternate Payee may
change the investment allocation once his or her annuities are issued in accordance with
the contributing employer's plan.
D. Termination/Reaffirmation of Alternate Payee's status as beneficiary of
record for all annuity contracts or individual life insurance funded through TIAA-CREF
on the life of the Participant.
(i) Termination - as of the date of TIAA-CREF's receipt of the
QDRO, all TIAA-CREF benefits otherwise payable to the Alternative Payee as
beneficiary are payable to the estate of the Participant. The Participant retains the fight to
change the designation: YES
E. TIAA Traditional Retirement Annuities (RAs) do not allow single-sum
withdrawals or transfers to alternate carriers. For other TIAA-CREF annuities, the
Alternate Payee's right to receive single-sum withdrawals and/or transfer all or a part of
the accumulation to an alternate carrier may be limited in accordance with the
contributing employer's plan.
F. The parties are directed to submit to TIAA-CREF all documents and
releases (if required by TIAA-CREF) to finalize this Order within 30 days of the request
for same.
5. This Order:
A. does not require any plan to provide any type of form of benefit, or
any options not otherwise provided under the plan, and
B. does not require TIAA-CREF to provide increased benefits, and
C. does not require the payment of benefits to an Alternate Payee
which are required to be paid to another Alternate Payee under another Order previously
determined to be a Qualified Domestic Relations Order.
D. If any portion of this order is rendered invalid, the balance of the
order will remain fully enforceable.
6. This Court reserves jurisdiction to issue further orders as needed to
execute this Order.
By the Court Date:
CHRISTINE M. BOOK
Plaintiff
VS.
RICHARD J. BOOK
Defendant
: IN THE COURT OF COMMON PLEAS
: OF CUMBERLAND COUNTY,
: PENNSYLVANIA
: NO. 2004-01545
:
: LAW - DIVORCE
:
PETITION FOR APPROVAL FOR
QUALIFIED DOMESTIC RELATIONS ORDER
AND NOW COMES, Murrel R. Walters III, Esquire,
Attorney for Christine M. Book, Plaintiff, who represents
as follows:
1. A Marriage Settlement Agreement was entered into
between the parties on March 24, 2004, by which a
retirement account with TIAA-CREF was to be divided equally
between the parties.
2. A copy of the Marriage Settlement Agreement is
attached hereto, incorporated herein and marked as Exhibit
"A". Pursuant to paragraph number 4 of that agreement, the
specific division of the pension was set forth in detail.
3. The divorce was finalized by Order of Court dated
September 3, 2004.
4. TIAA-CREF was consulted about the form and
substance of a Qualified Domestic Relations Order and the
attached QDRO was approved by representatives of that
institution.
5. The Qualified Domestic Relations Order was
prepared and has been executed by both parties.
the
6. The Court is requested to confirm the division of
TIAA-CREF pension by executing the attac/~d Order.
Res~7~ ~~dc ~ul ~ ~ bm'/ted,
Murrel R. Walt~s, III, Esquire
Attorney for Plaintiff
54 E. Main Street
Mechanicsburg, PA 17055
(717) 697-4650
I.D. No. 24849
MARRIAGE SETTLEMENT AGREEMENT
THIS AGREEMENT, made this ~78 day of /T)~ ,
2004, by and between CHRISTINE M. BOOK, of 4503 Chestnut Avenue,
Camp Hill, Pennsylvania, hereinafter called "Wife", and
RICHARD J. BOOK, of 4503 Chestnut Avenue,
Pennsylvania, hereinafter called "Husband"
Camp Hill,
W I T N E S S E T H:
WHEREAS, Wife and Husband were lawfully married on March 26,
1995, in Pittsburgh, Pennsylvania; and
WHEREAS, differences have arisen between Wife and Husband in
consequence of which they are separating and intend to live
separate and apart from each other; and
WHEREAS, Wife and Husband desire to settle and determine
their individual rights concerning their marital property and all
other marital rights and issues; and
WHEREAS, Wife is intending to file a no-fault divorce action
against Husband in the Court of Common Pleas of Cumberland County.
NOW THEREFORE, the Parties hereto, intending to be legally
bound hereby, agree as follows:
1. SEPARATION - It shall be lawful for each Party at all
times hereafter to live separate and apart from the other at such
place as he or she may from time to time choose or deem fit. The
foregoing provision shall not be taken as admission on the part of
either Party of the lawfulness or unlawfulness of the causes
leading to them living apart.
2. INT~RP~R~NC~ - Each Party shall be free from
interference, authority and control by the other, as fully as if
he or she was single or unmarried, except as may be necessary to
carry cut the provisions of this Agreement. Neither Party shall
molest or attempt to endeavor to molest the other, nor compel the
other to cohabitate with the other, or in any way harass or malign
the other, nor in any way interfere with the peaceful existence,
separate and apart from the other. Neither Party shall visit the
residence of the other without prior consent.
3. P~R~ONAL PROPRRTY - The personal property shall be
divided between the Parties as follows:
a) Husband shall own, have and enjoy as his sole and
separate property all of his personal items including clothing and
jewelry. He shall also maintain as his sole property all of the
~ .contents of the basement level of the house.
k-/ b) Wife shall own, have and enjoy as her sole and
separate property all of her personal items including clothing and
[jewe!ry as well as the remaining contents of the house.
c) Ail of the remaining items of personal property have
been divided between the Parties to their mutual satisfaction.
4. R~TIR~M~NT ACCOUNTS - Husband owns in his name a TIAA-
CREF account with an approximate balance of $40,000.00. This
account shall be divided in the manner that shall
provide Wife
2
with fifty (50%)percent of its current value. Husband may retain
his fifty (50%) percent in the current account.
5. V~HICI,ES
a) The 1999 Nissan Pathfinder, which is titled in joint
names shall be transferred to the sole ownership of Husband with
Wife releasing any right, title and interest she might have in
said vehicle to Husband. This vehicle is encumbered by a loan
with the Susquehanna Valley Credit Union which has an approximate
balance of $13,000.00. Husband shall be solely responsible for
the payment 'of this debt.
b) The 1999 Toyota Camry, which is titled in joint names
shall be transferred to the sole ownership of Wife, with Husband
releasing any right, title and interest he might have in said
vehicle to Wife. This vehicle is encumbered by a loan with
Susquehanna Valley Credit Union which has an approximate balance
of $7,000.00. Wife shall be solely responsible for the repayment
of this debt.
6. R~AT, ~STAT~ - The Parties are joint owners of real estate
situate in Hampden Township, Cumberland County, known and numbered
as 4503 Chestnut Avenue, Camp Hill, Pennsylvania. The property is
in joint names and has an approximate value of $130,000.00.
Husband shall execute a deed to transfer all of his right,
title and interest in the family residence at 4503 Chestnut
Avenue, Camp Hill, Pennsylvania to Wife.
3
There is currently a mortgage on the property in Husband's
name only with an approximate balance of $100,000.00. Wife shall
promptly apply for a mortgage in an amount necessary to pay off
the ba
lance of the Washington Mutual mortgage, thereby relieving
Husband of any further liability under that obligation .... ~t£~'
7. AT,IMONY/SUPPORT - Both parties agree that neither shall
be responsible for the payment of alimony or spousal support to
the other.
8. DEBTS - a. The Susquehanna Valley Credit Union loan
against the 1999 Nissan Pathfinder, with an approximate balance of
$13,000.00, shall be the sole responsibility of Husband to pay.
b. The Susquehanna Valley Credit Union loan against the
1999 Toyota Camry with a balance of approximately $7,000.00, shall
be the sole responsibility of Wife to pay.
c. The Washington Mutual mortgage of approximately
$100,000.00, which encumbers the family residence at 4503 Chestnut
Avenue, Camp Hill, Pennsylvania, shall be paid by Wife when she
obtains a new mortgage in the process of buying out Husband's
interest in said residence.
d. There is a joint Internal Revenue Service tax lien in
the amount of approximately $15,000.00. Wife shall assume full
responsibility to pay this IRS lien.
9. DIVORC~ - Wife intends to file a no-fault divorce action
in the Court of Common Pleas of Cumberland County, pennsylvania.
Both Parties agree that they will cooperate fully and promptly in
concluding that divorce action. Both Parties shall sign an
affidavit evidencing their consent to the divorce, pursuant to
Section 3301(c) of the Divorce Code. In the event, for whatever
reason, either Party fails or refuses to execute such affidavit
upon the other Party's timely request, that Party shall indemnify,
defend, and hold the other harmless from any and all additional
expenses, including actual counsel fees resulting from any action
brought to compel the refusing Party to consent. Each Party
hereby agrees that a legal or equitable action may be brought to
compel him or her to execute a consent form and that, absent some
breach of this Agreement by the proceeding Party, there shall be
no defense to such action asserted.
10. MUTUAT. R~I,~AS~S - Except as otherwise provided for in
this Agreement:
a. Each Party hereby releases and forever discharges the
other and the estate of the other for all purposes from any and
all rights and obligations which either has or at any time
hereafter may have for past, present or future support or
maintenance, alimony pendente lite, alimony, equitable
distribution, counsel fees, costs, expenses, and any other right
or obligation, economic or otherwise, whether arising out of the
marital relationship or otherwise, including all rights and
benefits under the Pennsylvania Divorce Code of 1980, its
supplements and amendments, as well as under any other law of this
or any other jurisdiction.
b. Each Party hereby releases and forever discharges the
other and his or her heirs, executors, administrators, assigns,
property and estate from any and all rights, claims, demands or
obligations arising out of or by virtue of the marital
relationship of the Parties or otherwise, whether now existing or
hereafter arising. The above release shall be effective
regardless of whether such claims arise out of any former or
future acts, contracts, engagements, or liabilities of the other
or by way of dower, courtesy, widow's or widower's rights, family
exemption or similar allowance, or under the intestate laws, or
the right to take against the spouse's Will, or the right to treat
a lifetime conveyance by the other as testamentary, or all other
rights of a surviving spouse to participate in a deceased spouse's
estate, whether arising under the laws of Pennsylvania, any state,
Commonwealth or territory of the United States, or any other
country. The Parties each waive and rele&se any and all right to
receive insurance proceeds at the death of the other, whether as
named beneficiary or otherwise, as well as any right to receive
any legacy, bequest or residuary portion of the estate of the
other under his or her Will (if executed prior to the execution
date hereof), or to act as personal representative of the estate
of the other.
c. Except for any cause of action for divorce which
either Party may have or claim to have, each Party gives to the
other, by the execution of this Agreement, an absolute and
unconditional release and discharge from all causes of action,
claims, rights or demands whatsoever, in law or in equity, which
either Party ever had or now has against the other.
11. INDEMNIFICATION - Each Party represents and warrants to
the other that he or she has not incurred any debt, obligation, or
other liability, other than those 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 hereafter
initiated seeking to hold the other Party liable for any other
debt, obligation, 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 resulting therefrom.
12. RRRACH - 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 any other relief
he or she is entitled to at law or equity. 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. FLU,Y, DISCT,OSLTR~ - Husband and Wife each represent and
warrant to the other that he or she has made a full and complete
disclosure to the other of all assets of any nature whatsoever in
which such Party has an interest, of the source and amount of the
income of such Party of every type whatsoever and all other facts
relating to the subject of this Agreement.
14. RRPRR~NTATION OF PARTI~ BY COUN~T, - Wife has
contacted Murrel R. Walters, III, Esquire to represent her in the
negotiation and preparation of this Agreement. Both parties
acknowledge that he or she has the right to be represented by
independent counsel. This Agreement has been fully explained to
each Party. Each Party has carefully read this Agreement and is
completely aware, not only of its contents, but also of its legal
effect.
15. ADDTTIONAT, INSTRUMENT - Each of the Parties shall on
demand execute and deliver to the other any deeds, bills of sale,
assignments, consents to change of beneficiary on insurance
policies, tax returns, and other documents and do or cause to be
done any other act or thing that may be necessary or desirable to
effectuate the provisions and purposes of this Agreement. If
either Party fails on demand to comply with this provision, that
Party shall pay to the other, all attorneys' fees, costs and other
expenses reasonably incurred as a result of such failure.
16. COURT CONFIRMATION - Both Parties agree that either may
present this Agreement to a court of competent jurisdiction in
order to have it entered as a binding Order of Court.
17. ~NTIRR AGReeMeNT - This Agreement contains the entire
understanding of the Parties and there are no representations,
warranties, covenants or undertakings other than when expressly
set forth herein.
18. MODIFICATION AND WAIVER - 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 wai6ver of any subsequent default of the same or similar nature.
19. D~CRIPTIV~, ~ADING~ - The descriptive headings used
herein are for convenience only. They shall have no affect
in determining the rights or obligations of the
whatsoever
Parties.
20.
shall be
GOV~,RNING LAW - This Agreement shall be governed by and
constructed in accordance with the laws of the
'Commonwealth of Pennsylvania.
2!. BINDING ~FF~CT - This Agreement shall be binding upon
the Parties, their heirs, executors, administrators and assigns. ~
IN WITNESS THEREOF, the Parties hereto, intending to be
legally bound hereby, have hereunto set their hands and seals the
date and year first above written.
WITNESS
CHRISTINE M. BOOK
WITNESS
I0