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l'JiOPERTLSET'fL.lW\lt:NT. i\(,RI<:EME.NI
1'IIIS A(;REEMENT, madc Ihis ~?:~day of utf,l!,~t: __, 1994, by and between Gail
L. Hancock, hereinafter called" Husband", and Patricia K. Hancock, hereinafter called "Wife",
WHEREAS, Husband and Wife wcre lawfully marricd on Septcmber 14, 1973, in Camp
Hill, Cumberland County, Pennsylvania: ami
WIIEREAS, thc partics arc the parcnts of three (3) minor childrcn; and
WHEREAS, the partics separated on or about June 16, 1993: and
WIIEREAS, diffcrcnces have arisen hclwecn the parties and it is the intention of Wife
and Hushand to live separate and apart for the rest of their natural liv<~s: and the parties hereto
desire to senle fully and finally thcir respcctive financial and property rights and obligations as
bctween each othcr including, without limitation by specification, tl1<~ settling of all matters
hetweenthem relating to the owncr!lhip and c1lnitahle distinction of real and personal property;
the settling of all matters Iwtween them relating to thc past, present and future support, alimony
and/or maintenancc of Wife hy Husband or of Husband by Wile; the settling of all matters
hetween them relating to the pa.st,present and futurc support and/or maimenance of the children;
the implememation of custody/visitation arrangements for the minor children of the parties.
WIIEREAS, the parties also desir<' to scttlc fully and finally thcir respectivc rights to
personal property,
NOW THEREFORE. in col1.sidcration of the prcmises and of the mutual promises,
covenants and undertakings hcreinaftcr set forth and for other good and valuable consideration,
receipt of which is herehy acknowlcdged hy each of the parties hereto. Wife and Husband each.
intending to he legally hound herehy covenant and agrce as follows:
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I, Sf:I'ARATION ANU NON IN'....:R...:RENCE:
It ~hall be lawful for cadI party 011 all times hereafler to live ieparule and apart from each
olher at such place as he or she from lime 10 time shall choose 1)1' def,m fit. The furel!olnl!
provision shall not he laken as an admission on the part of either party of the lawfulness or
unlawfulness of the causes leading to Iheir living apart.
Each parly shall be free from interference, authority and conlrol by the other, as fully
as if he or sbe were single and unmarried, except as may be necessary to carry out the
provisions of this Agreement, Neither party shall molest or altemptto 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, Each of the parties hereto completely understand
and agree that neither shall do anything to the children of the parties at any lime which might
in any way inlluence rhe child adversely against the other party,
2. SUBSEQUENT mVORCE:
The parties hereby acknowll~dge tlHIt lIushand has filed l\ Complaint in Divorce in
Cumberland County, Pennsylvania, to docket number 70 Civil 11)1)4 claiming tlllltthe marriage
is irretrievably broken under the no-faulr mutual consent provision of Section 3301(c) of the
Pennsylvania Divorce ('ode, The parties hereby waive all rights to request Court-ordered
counseling under the Divorce Code, It is furl.her specitkally understood and agreed by the
parties that the provisions of this Agreemelll relating to equitable distribution of property of the
parties are accepted by each party as a final seltlement for all purposes whatsoever, as
contemplated by the Pennsylvania Divon:e Code,
3. (O;Nf'ORCEMENTI
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In the eV\lntllusband wishes to list thc property for sale now or in the future, Wife shall
be the chosen real estate agcnt. After the payment of normal selllement costs, including but not
limited III mortgages, licn,~ and clll:umherances of record, hUI excluding any encumbenlllce of
record against lIusband solcly, Wife sball reccive Eight Thousand ($8,000,00) Dollars, Should
the nct proc\:eds after deducting normal settlement wsts bc 1l1SS than Eight Thousand ($8,000.00)
Dollars, then the partle.~ agrel> 10 equally divide the proceeds between them,
11. I'ERSONAL I}ROI'ERTY
The parties have heretofore .~atisfactorily divided between themselves all personal effects.
household goods and fUJ'llishings and all olher articles of personal property as exhibited
hereinhelow in Addendum A, Neither party will now or in Ihe future asserl any claim to any
such items which arc now in the possession or under the control of the other or as designated
in Addendulll A. Each party shall sign any litle or document necessary to give effect to this
paragraph.
6. MOTOR VEHICLES
With respect to the motor vehicles owned by one or both of the parlies, they agree to the
division as follows:
A, (992 Pontiac (,rand Prix - Patricia K. lIancock. Wile
B, 1986 Plymouth Voyager- Gail L. lIancock, lIusband
The titles to said Illotor vehi<:les shall be executed by the p.lrlies, if appropriate for
effecting transfer as herein provided, on the date of execution of this Agreement and said
executed titles sball be delivered III the proper parti' on the distribution date provided for in this
Agreemel1l. Intbe event that either or all of the documents of title to the said vehicles shall he
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Ilu$balllJ further agrees 10 mainlain, ,II his expense, Ihc ~'urrellt insuranc~' coveralle on
Wife ulllil Ihe final Decree in Divorce is elllered at which lime lIushand ,\hall nOlify his
employer/provider 10 suhmil to Wife all necessary for ms anddocull1enls re<luired 1<' apply fur
Cllveralle undcr COBRA.
Any medical/health expellse fur Ihe childn:n lUll covered under the ahove descrihed
policies shall he divided C(IUally hetweenlhe IJilrties: satisfaclory proof of Ihe expense incurred
shall ht: submitted,
The pill'lies agree that any medical or health e~l}enses not covered hy said insurance,
including without limilation, medical, denial, orthodol1lic, psychiatric, psychological, physician
services, Iherapy, ophthalmological, eye care and glasses expenses, nursing services, ambulance
services, elective or non-elcctiv(' surgery, prescription drugs, and the annual deductible charge
for said children, shall be divided equally hy and helwe~'n lIushand and Wife, The decision 10
incur an elective health care expense shall he made joil1lly by Husband and Wife, which consent
shall not he unreasonably wilhheld or delayed, except ti)r emergency medical care of which the
party not in pO$session of lhe child shall he notified as soon a.s reasonably possible,
Reasonableness of lhe charge shall be Ilr<:sumed upon presentation of the hill. Disallowance of
Ihe bill by Ihe health insurer willnol excus~' the ohligalion of the parties 10 make payments. The
parties agree to make and accounlto one another and to furnish copies of all slatements and hills
for such health care expenses, and each agrees 10 reimburse the party incurring such expense
within thirty (30) days of his or her receipt of the statement and/or hili by either: (l) paying
the health care facility directly; or (2) reimbuning the party incurring lhe expense for <me-half
(1/2) of uny udvance paymel1l made by him or her,
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property may he omitted fromlhis Al!reement, il is understood and agreed that the penon having
possession and/or title 10 .such property following the cxecution of this Agreement shall he
deellled the owner thercof and each of Ihe purties will execute uny and ull legal documents
without any churge Ihercfor to evidencc title 10 such property in the other party,
10. PENSION UENE...ITS;
(A) Thc Wife walve.s any und all rights which she may huve to any of the Husband's
vcsted or non-ve,sled interest which he may have in pension plans including, but not limiled to,
defined henefit plans, defined contribulion plans, 40lK plans, profit sharing and deferred
compensation pluns, The Wife agrees to execute any documents necessary to efft:ctuate the
aforementioned waiver.
(B) The Hushand waives uny and all rights which he Illay have 10 uny of the Wife's
vested or nun-vested inlerest which she may have in pension plans including, but not limited 10,
defined benefit plans, defined contribution plans, 40lK plans, profit sharing and deferred
compensalion plans. The Husband agrees to execute any documellls necessary to effectuate the
aforementioned waiver,
11. m.;RrS;
A. Wife's Debts:
Wife represents and warrants to Husband that since the separation she has not and in the
future she will not contracl or incur any debt or liability for which lIusband or his eSlate 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.
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II. t1l1~bulI(l'~ ()eht~:
lIusb.lIld rl'prcsclll~ and warralllS 10 Wifc Ihat since Ihe ~cpl\ralion he has not and in the
future he will not cOlllract or incur any debt or lillbility for whieh Wife or her e~late might be
re~pUlmible and slmll indcmnify and save harmlcs~ Wifc from any and all claims or demands
madc against her by rCll.mn of debls or obligations incurred by him.
All dcbts, contracts, obligalions or Iiabililics incurrcd al any time in the Ilasl or future
by either of Ihe parties will be paid promptly by said party, unless <lnd except as otherwise
specifically set forth in Ihis Agl'cemelll: and each 01 the parties hereto further promises,
covenants and agrces that each will now and at all times hereafter save Iwrmless and keep the
other or his or her estate indemnified and saved harmless from all debts or liabilities incurred
by him or her, as the case may be, and from all aClions, claims and demands whatsoev(lr with
respect thereto and from all costs, legal or otherwise, and counsel fees whatsoever appertaining
to such actions, claims and demand.s, Neither party shall, after Ihe dale of this Agreement,
cOlllract or incur any debt or liability for which the other or his or her property might be
responsible and shall indemnify and save harmless the other from any and all claims or demands
made against her or him hy rt:asnn of debts or obligatinns incurred by her or him and from all
costs, legal costs and counsel fees unless provided to the conlrary herein,
C. Llahilltles Assllmed hy Hushand: lIusband shallllssume individual responsibility
for Ihose deb I listed on Attachment "1\" of this Agreement. Husband will hereafter assume and
retire Ihe full amount of each respective (kbt represellled on Anachmenl "0" due and owing as
of the date of tlxecution hereof. and shall indemnify <Ind hold Wife Ilnd her property harmless
from any and all liability with respect to the debts hereby assumed by lIushand,
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I). Ullbllll1~~ Amllll~d by Wlf~: Wife shllll lIssume individulll responsihility for those
dehtlisted on Attlldllllent "II" of this Agreement. Wife will herellfler assume lInd retire. lhe full
umount of elldl respet.:live deht represellled on Attudllllelll "II" due and owing as of Ihe date of
exet.:ution hercof, lInd Sh,lll indenllnfy and hold lIushllnd and his property hllrmless from any and
all Iillllility wilh respet.:t to lhe debts herehy assumed hy Wift:.
E. ASSlIlIIlltlll1l III' Ellcumb"ullc~s: Unless otherwise provided herein, each party
herehy lIssumes thc dehts, ent.:umhrllnt.:es, taxes and liens on 1I11 lhe property each will hold
suhsequent 10 this Agreement, lInd ellch pllrty lIgrees to inde:nnify and hold harmless the other
pllrty lInd his or her properly from lIny dllim or lillhility tlmt Ihe other pllrty will suffer or may
he required to pay hel'ilUse of such dehts, ent.:umbmnces or liens, Each party in posSeSSil,)ll of
property to he awardcd to lhe other pllrty warrants Ihllt 1I11 dues. fees. lIsscssments, mortgages,
liIxes, insuram:e pllYlllenls lInd thc likc lIttendlllll to such properly <Ire t.:urrent. or if not current,
nOlit.:e of any lIrrellrage or deficicnt.:y has heen givcllto the ret.:eivillg party priof to th\\ execution
of lhis Agreement.
F. Attorll~Y's Fees: Attorney's fees tlU the filllllillltion of this Agreement will be
shllred e(llJillly, Any future litigation beyond this Agreement is the sole responsibility of the
party initiating the litigation.
G. l.I11blllty Not Listed: Each party represents and warrants to the other that he or she
hlls not int.:urred any deht. ohligation or other liabililY, other than those described in lhis
Agreement, on which the party is or may be liable. A liahility nOI disclosed in this Agreement
will he the sole responsihility of the pllrty who has incurred or mllY hereafler incur it. and each
party agrees to pay it as the sallie shall het.:ome due, and to indemnify and hold the olher party
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ano his or her properly harmless form any iIIld nil Sill'll dehts, ohlilt\alJons IInd liahilities, Any
joinlly Incurr~d li<lhility nol disdosed in Ihis Agrccment will he the sole rcsponsihility of
lIushnnd, and lIush<lnd shall illlk'mnify <lnd hold Wife and her propCrly harmless thcrefrom,
II. Indclllnlt1I'lltlun III' Wife: If any daim, nctiOll or procccding is herl'aftcr initiated
seeking to hold Wife Iiahle for the dehts or ohligations assnml,d hy lIushand under this
Agreemcnt, IInshand will, at hi.s sole eKpense, defend Wife .Igain.st any such daim. adion or
Ilroceeding, whether or not wl'lI.fmJllded, and indcmnify her and her propcrty av,ainst any
damagl~s or loss resulting therefrom, induoing, hut not limited to, costs III' court and attorney's
fees incurred hy Wife in connection therewith.
I. Indclllnlt1clltilln uf lIushulld: If any daim, action or proceeding is hereaftcr initiated
seeking to hold Hushand lIahle for the dchts or ohligation.s assumed by Wifc undcr this
Agrcemcnt, Wife will, at her sole eKpense, dclcnd lIu.shand against any such claim, action or
procceding, whcther or not well founded, and indemnify him illld his property against any
damages or los.s resultmg therefrom, induding, hutnotlimitcd to, costs of court and allorney'u
fees incurred hy lIu.shand in cOlull,ction therl'.with,
12. SIIAREU U;<;AL AND I'IIYSCI,\L C(.lSTOUY
I. The parties agrc'~ that thcy shall share legal and physical custody of their childrcn
Shane, Garrell, and Kristcn.
2, Each party sh<lll encouragc frcqucnt and contilllll's colllact hctwccn the children and
other parcnt.
3, The marital residcnce, 500 [)canhurst Avenue, Camp Hill, Cumberland County,
Pcnnsylvania, shall be the legal address of lhe children for the purposes of enrollment In the
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whuhiluliun bctwecn thc panics, u living-lOgcthcr or rcsumption of marilal rclatiol\,~ helwecn
Ihcm, They shull lUll be lIeemed to have rcwndlcd with Ihc illlclllionof Viliuting or Icrminating
Ihis AlIrccmclll unlcss Ihcy m.tke such actions through u writtcn inslrumclll, execuled and
ucknowledgcd in thc sam manncr as Ihis Al!rcemcnt,
18. ItRIo:ACI1:
If cithcr parly brcudlCs lIny provision of Ihis Agl'cemclll, the ollll'r purty shlllllmve the
right, at his or hcr clcction, 10 suc for dumal!cs for such brcuch, Thc party hrcaching this
conlract shull hc rcsponsiblc for Ihc puymcnt of lI;gul fccs un cosl.~ incurred hy th<~ other in
cnfordng his or hcr rights undcr this Agrccmclll, or sccking such olhcr rcmedy or relicI' as may
hc availuhlc to him or her,
19. AJ>U1TIONAL INSTRlJMENT:
Eac.:h of thc purties shull on demund cxec.:ute unll deliver to thc other uny deeds, hills of
sale, assignment, conselllS to c1wnge of ht~ncficiary on insurance polides, lax returns, conscnts
10 a lIivorl'l~ undcr section 3301(c) of the Divorce ('odc und othcr documcnts und do or caused
to be donc any olhcr uct or thing thut muy hc necessury or desirablc to the provisions and
purposcs of this Agrccmcnt. If cithcr purty fuiLs ')11 dcmund to comply with this provision, that
purty shull puy to the othcr ull attorncys' fccs. cmJlS and othcr cxpcnscs rcusonable incurred as
u rc,sult of such fuilure,
20. WAIVERS OF CLAIMS A(;AINST ESTATES:
Exccpl as herein othcrwi~t~ provided, cuch puny may dispose of his or her property in
uny way, uUd euch party hcrt~hy waivcs and rclinquishes any and all rights he or she may now
have or hereafter acquire, under Ihe Ilresent or future laws of any jurisdiction, to share in the
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propeny or the estate of thc other as a result of tlw marital rcl,llionship, including withoul
limitation, duwer, cunesy, statutory allowance:, widow's alluwance, right to lake in illleslacy,
right to lake allainsl Ihe Will of Ihe other. and right 10 act a.s administrator or execulOr of Ihe
other's c.Slilte, ,lnd each will, lu the requcst of the olher, eXeCIJle, acknuwledlle, and deliver any
and all in.slrUmelllS which may he nccessary or advisahle to carry inlo effectlhis mulual waiver
and rclinquishmcnl ut all sIKh inlcresls, rights and c1uims,
21. mSTRlIIlJTION DATE:
The parties herl'to acknowledge and agree thai fur purposes of distribution lIS provided
for in this agreement, the date of execution of Ihis ullreement shall be known lIS the Distribution
Date.
22, REI'RESENTATlON:
The panics have mutually worked out Ihe terms of Ihis Property Settlement Agreement.
It is rccognizcd hy thc panics hereto thilt Husband is represented by Jackie J, DeArmond,
Esquire and Wife is represcnted hy Jamcs A, Miller, Esquirc, It is fully understood and agreed
thattlw panics have the right to have advice of othcr independent counsel prior to the signing
of this Agrcemcnt. By thc signing of this Agrccmcnt. the panics acknowledge that they arc
satisfied with the terms hcrein and recognize that he/she fully underslands the legal impact of
this Agreement and waives his/her right to have the AgreemcllI reviewed by anolher atlOrney
of his/her choosing, and further intends lO be legally bound hy the terms of this Agreement.
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DRAt"l' or DJVORCll ijE'1"l'I.IUtllN'l' AORIllillU1NT BE'l'WHD
ADDENDUM "A"
paC,le 1 of 3
PATRICIA 1(. UAHCOCIl . GAIL I.. HAHCOCK
This following oonditions of divoroe settlement between Gail L. Hanoook ,
Patrioia K, Hanoook are made voluntarily by both parties with mutual oonsent,
DIVISION or PROPBRTY
I,IVING ROOM
GAIl,
PATTY
new sofa
new loveseat
new ooffee table
new end table
new lamp
old lamp
broken 25" t.v.
rOOking chair
Eureka vaouum oleaner
x
x
x
II
X
COMMENT
U needed
"
"
"
"
II
II.
II
X
DINING ROOM
dining room table
6 chairs to table
ohina hutoh
ohest/seat
baakets
dishes
III if n..d.d
III if n..d.d
.
II
II
II
KITCHEN
4 bar stools
miorowave - kopey
toaster
telephone
pots & pans
ref r igerator
glass - dishes' glasses
plaotio dishes & glasses
my moma old pitoher , glass.s
x
If
II
d
II
II
d
II
X
II
Jo'AMIL'l ROOM
sleeper/sofa
loveseat
my moms 2 old end tables
ooffee table
other end table
2 new lamps
old lamp
bookshelf
26" Mitsubitsi T,V.
stereo/speakers - kopey
footstool
II
X
II
II
II
.. x = oole property,
II if n.eded
II
II
X
X
x
d = divided, m = to husband unless needed by wife
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