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HomeMy WebLinkAbout94-00597 ,~~. ,~::w.', '.":.".:4(' 'lIC'.}~"!'C ..:..,*: ,e!-.. .:t:. .:...~t:> ..~. .(f;. ,:fI' :c<<. :. ....... '~' .:<<: :"':':..:~ .~"~'1 ,\ . :1 IN THE COURT OF COMMON PLEAS : 1(1 OF CUMBERLAND COUNTY . 1(1 ~ . :, STATE OF f~ . :>':.,1 PENNA. : 1(1 1(1 : MARl< A, OUGIlTON, : 1';11. 'i1'1,;!)97 ClVXXi... , II) 1(1 PLAINTIFF 1(1 . \"'1'''' . 1(1 X,ORENA OUGIlTON, * * DEFENDANT . ~ " 1(1 1(1 * DECREE IN . , ~ DIVORCE 1(1 , . : ANDNOW,..... ...A"t~.,.~"...ll-,., 19 ~.~". it II ordered and 1(1 III ~ . decreed that.,. '... MARK,A.. ouallTON. "......'...,.... plaintiff, 1(1 : :;ed ~I~~r~~d from' t::~b~:d::~1l:0o~tr;r~IO~Y'" . . ' . . . , . . , , . . '. defendant, : 1(1 * 1(1 The court retains lurisdiction of the following claims which have * 1(1 been raised of record In this action for which a final order has not yet it 1(1 been entered; ~ 1(1 .T~E. MMR~,A,GF. S.ETT~~,~wr. N?\l~,E~EN:r.~~:rEQ .(\!J.~li!iir2~" .l.~~'" .Hi,., (8 : .INc;9/l.PQll"T.l\~ l.N'I'o. T.IU~. Pl\C\1~,E, ~YRp;FERE~C~.., . . rff.l\ . MRU~~NT. . , . ; * . nALL N T 1l0WEVER, MERGE WITH TillS DECREE. 'M 1ft I' ~ I~ : II Y-J\~ ~111: i: . ^/lh'.~<~;"""'I(~P f' l()...IA'f. &..iAf.'.....,-.i(.::7.I. ~ · '/f.rn ~ ,~& ~ " :~ ~.l .._;;.: , .....'hllnnlllry :: t. _ .. .*, -lei. .:t:. .:it:' ':<<0 ,:t:, ':fl' .:t;,:t:. ,ct:. ':t;, .;t;, .et:,;t:-:..:. .et;, ,:t: .Ct:- .:t;. .et:, ,;t;. . . . .. . Mi8IIM.I.ta THIS AGFlIIMINT made thll)..> -:-J day of I) li( li."-:~;1_, by and !,J between LORINA OUGHTON ("WIFE") Walluku, Maul, and MARK A. OUGHTON ("HUSBAND") of BOlton, MUlachuleltl, WITNESSETH: WHEREAS, the parties hereto are HUSBAND and WIFE, having bee" married on January 23, 1990 In Lowell, Massachuletts. There were no children born of this marriage; and WHEREAS, diver.. and unhappy dlfference8, d18PUt.. and dlfficultl.. have arisen between the partle8 and It Is the Intention of HUSBAND and WIFE to live separate and apart for the rest of their naturalllve8, and the partl.. hereto are de81rou8 of 8ettllng fully and finally their respective financial and property rights and obligations a8 between each other inqludlng, Without limitation by specification: the settling of all matlers between them relating to the ownership and equitable distribution of real and personal property; the 8ettllng 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 DIANt G, UllCun ATTOlNlY.A'f.J.AW '44Il1IN/ll,' ROAr) 1 r.AIII IIlI.l"U17011 D1ANt G, RAllCUn ATTOlNU.AT.UW It" 'rlINIl... lOAn r.AIII' IIlU" 'A 1.011 . . . .. , .ettllng of any and all clalml and pOlllble clalml by one agaln.t the other or agalnlt thelr relpectlve eltatel, NOW, THEFlEFOFlE, In con.lderatlon of the premll.. and mutual promll.., covenant. and undertaklngl hereinafter eet forth and for other good and valuabl. conllderatlon, receipt of which Is hereby acknoWledged by each of the partl. hereto, WIFE and HUSBAND, each Intending to be legally bound hereby, covenant and agree as follows: 1. INCORPORATION OF PReAMI:lL~. The recitals set forth In the Preamble of this Agreement are Incorporated herein and made a part hereof as If fully set forth In the body of the Agreement a. AGREEMENT NQT A 'AR TO DlVQ"CE PRQCI;E.QUQI. This Agreement 8hall not be considered to aff'9t or bar the right of HUSBAND and WIFE to an ablolute divorce on lawful ground a If luch groundl now exllt or Ihall hereafter exist or to such defense as may be available to either party, This Agreement 18 not Intended to condone and shall not be deemed to be condonation on the part of either party hereto of any act or action the part of the other party which have occa81oned the dl8putes or unhappy dltferenc81 Which have ocourred or may occur sub8equent to the date hereof, The partiN acknoWledge that their marriage Is Irretrievably broken and that they Ihall lecure a mutual con8ent no.fault divorce pursuant to the term I of Section 3301 (0) of the 2 DIANE G, RAOCUrF A'rrOlNJ.Y.AT.I,.W 1441 nlNllu. liMn I:AIII' IIII,I,,'A 1.011 . . . . . Divorce Code In HUSBAND'S Cumberland County dlvoroe aotlon dooketed to number ~97 Civil 1994 and flied February 9, 1994, Upon the execution of thl, Agreement the partlel Ihall execute and file all document, Ilnd papers, Inoludlng affidavltl of conaent, nece..ary to finalize safd divorce. 3. B".CT 0' D,VORCI DIC"II. The partl.. agree that unless otherwise specifically provided herein, thll Agreement llhall continue In full force and effect alter such time al a final Decree in Divorce may be entered with respect to the parties, 4. AGREEMENT TQ BE INCORpORATEP IIi DIVORCE DECflIL The parties agree that the terms of this Agresment ,hall be Incorporated Into any Divorce Decree whloh may be entered with respect to them, IS. Mot:f.ME8QB8. It II the parties' Intent that this Agreement does not merge With the Divorce Oecree, but rather shall continue to have Independent contractual Ilgnlftcanoe, Each party maintains his or her contractual remedies as well al court ordored remedies al the result of the aforesaid Incorporation or as otherWIae provided by law or statute, Those remedies shall Include, but not be limited to, damag.. resulting from breaoh of this Agreement, specific enforcement of this Agreement and remedies pertaining to 'allure to comply with an order of court or agreement pertaining to equitable dlltrlbutlon, alimony, alimony pendente lite, counlel feel 3 . . . . and 00.18 U let forth In the Pennlylvanla Divorce Code or other .Imllar .tatut.. now In effect and al amended or her.lter enacted, e. DATE Of EXlC:;UDOH. The "date of execution" or "execution date' of thll Agreement lhall be defined al the date of execution by the party 'ut executing thll Agreement. 7. mIIB.I.I.UIlON DATI. The tranlfer of property, fundi and/or document. provldtd for hereln lhall only take place on the "dlltrlbutlon date" which Ihall b. defined 81 the date of execution of thll Agreement unle.. otherwlae specified hereln, e. ADVICE Of COUNSEL. I :1 ! I The partlee have been advl.ed of their right to have the provlllonl of thll Agreement and their legal effect fully explained to them by an attomey of hll or her own choollng. The partie. further acknoWledge that they have prevloully received Independent legal advice from ooun.e1 of thelr lelectlon, DIANE Q, RADCLIFF, ESQUIRE, for WIFE, and PAUL ESPOSITO, ESQUIRE, for HUSBAND, and that they fully understand the fact. and have been fully Informed u to their legal right. and obllgatlonl, They further acknowledge and acoept that thll Agreement 18, under the clrcumltances, fair and equitable and that It II being entered Into freely and voluntarily, after having received luch advloe and With loch knowledge and that execution of thll Agreement Is not the r81ult of any dUrMI or DIANE G, RAIlCLlff ATTO.NJ,Y.AT.I.AW ~~w_ 4 (:AIII. HlI.I" U 17011 . . , , undue Innullnoe and that It II not the r8lult of any collullon or Improper or Illegal agrHment or agreements, t. The partl88 acknoWledge that they have mads a full and fair dlaclolure to each other of thelr financial ltatUI Including, but not limited to, the HIett and debll lubject to dlltrlbutlon. 'fhe partlee further acknoWledge that the marital ..tate lubject to equitable dlltrlbutlon II comprlled of the alletl end debll let forth on Exhibit "A" attached hereto and made a part hereof and that the dlltrlbutlon thereof contemplated by thll Agreement II allo attached .. part of Exhibit "A". The partl81 further acknowledge that each of the partl81 own property that II non.marltal In naturll being acquired before marriage, after leparatlon or during the marriage by way of gift or Inheritance, which non.marltal property II not lubject to division between the parties and shall remain the sole and lepar8te property of the party acquiring It. The parties further aoknoWledge that they entered Into an agreement dated October 8, 1990, amended by a lubl&quent agreement dated October 12, 1992, pUrluant to which WIFE Inv8lted certain non. marital fundi Into the parties' marllal relldence In consideration for HUSBAND'S agreement that laid fundi would be dlltrlbuted to her upon divorce.. her IOle and lepar8te property, Pursuant to the terml of thll Agreement HUSBAND recognlz8I WIFE'S right to Mid fundI and Inveltment thereof In the marital DIANE G. llAllCun ATTOlNlY.A'f.UW M~~~ 5 I:A'" 11I1.1" 'A 17MI DIANE (l, RAllCl.IH ATToaNu.A'!'.'.AW II.ll1INIII'lOAU r.AIII 1II1.1..'A I7GII . . realdence a. p.rt of the distribution of property let forth In this Agreement and. therefore, al part of this Agreement, reaffirml and ratlfl.. the afor888ld sgreements of the partl.., The partiN confirm that each hat relied on the lubltantlal accuracy of the financial dlIClolure of the other, al an Inducement to the execution of thll Agreement. 10. DltiiLOSUfJE A~r) WAIVER OF PROCEDV"A\. RlGHD. Each party understand. that he or she has the right to obtain from the other party a complete Inventory or list of all of the property that either or both partl.. own at this time or owned as of the date of separation, and that each party hu the right to have all such property valued by mean. of appralnll or otherwt... Both parties understand that they have the right to have a court hold hearlngl and make declllons on the matters covered by this Agreement. Both partiN underatand that a court decision concerning the parties' respective r1ghll end obllgatlonl might be different from the provlslonl of thll Agreement. Each party hereby acknoWledgu that this Agreement Is fair and equitable, that it adequately provides for his or her needl and II In his or her best Inter..lI, and that the Agreement II not the r8lult of any fraud, dur8ls, or unduelnftuenoe exerclled by elther party upon the other or by any other person or pereonl upon either party, Both parti.. hereby waive the following procedural r1ght8: 15 DIANE G, ItAllCun ATTOlNlY.AT.J,AW '441 nlNIlH lOll) I:AIII, 1111.1, ~A 17011 " . , 11. f!l810tW- PROe,,,yy. HUSBAND and WIFE do hereby IlOknowledge that they have prevloully divided their tangible personal property Including, but without limitation, Jewelry, oloth.., furniture, furnllhlngs, rugs, carpets, household equlpm.nt and appllanc.., tOOII, pictures, books, works of art and other personal property and hereafter WIFE agr... that all of the property In the pos....lon of HUSBAND lhall be the .ole and separate property of HUSBAND: and HUSBAND agr... that all of the property In the poslesslon of WIFE shall be ths sole and separate property of WIFE. The parties do hereby specifically waive, release, renounce and forever abandon whatever claims, If any, he or she may have wlth respect to the above Items Which shall become the sole and separate property of the other, 12. AfTIR.ACQUJ8ED P"OPJJ3l'YJ Eaoh of the parties shall hereafter own and enjoy, Independently of any claim or right of the other, all property, tangible or Intangible, real, p8l'8Onat or mixed, acquired by him or her, With or without non.marltal a..., since January 2&, 1994, the date of the parties' separation, with full power In him or her to dlspos. of the same as fully and effectively, In all respectl and for all PUrpOI", al though he or she were unmarried and each party hereby waives, rei....., renounoes and forever abandons any right, title, Intereat and claim In and to IIId after acquired property of the other party pursuant to the terms of this paragraph, 8 13. WYIIIO~ Q' VEHICLI'~ With reapect to the vehlole" owned by one or both of the partl.., or the net proOeedl or valued derived from any prior sale or trade In thereof, they agr.. .. follow.: (a) WIFE'S premarital 1993 Nlllan shall be the IOle and exclullve property of WIFE, (b) HUSBAND'S premarital 1985 Honda shall be the 80Ie and exclullve property of HUSBAND, The titles or assignment of any lease agreements to said vehlcle8 Ihall be executed by the parties, If appropriate, for effectuating tran.fer a. herein provided on the date of execution of this Agreement and said executed tltlea/81llgnmenta .hall be delivered to the proper party on the distribution date. For purpo... of this Paragraph the term "title" Ihall be deemed to Include "power of attomey" If the title or lea.e agreement to the vehicle Is unavailable due to flnanlllng arrangements or otherwise, In the event any vehicle Is IUbJect to a lien, encumbranoe, 18t\8e or other Indebtedness the party receiving said vehlcl., .. hll or her property 8hall take It subject to said lien, encumbrance, l88Ie or other Indebtedn8l8 and shall be solely responsible therefor and said party further agreea to Indemnify, protoct and save the other party harml... from laid lien, encumbrance, leale or other Indebtedn8ls, Each of the partl.. hereto do.. DIANE G, JtAIX:I.lH An'oINlY.AT.I.AW M~~_ 9 UIII, 1II11.,'A 17nll DlANt G, kADCUn ATTOlN',~.AT.I.AW ....11INIIl.J, allAll I:AIII 1Il1.l.,'A unll Ipeclflcally waive, '111818, renounoe and forever abandon whatever right, title and Inter..t he or .he may have In the vehlole(l) that .hall become the 101. and leparate property of the other pursuant to the term. of thl. Paragraph, '4. mAN'PEB QF REA~ E'TAJ'.. The parties are the owners a. tenants by the entlretlel of a oertaln tract of real ..tate known and numbered 81 922 Gobin Drive, Carll.le, Pennlylvanla, which real estate Is subject and encumbered by a mortgage With Integra Mortgage having an approximate balance of $47,000,00, The partl.. acknowledge that said real estate W81 previously utilized as thelr marital residence, but Is now used as a rental property and that It W88 acquired In lubltantlal part through WIFE'S Investment of her non.marltal fundi al referenced In Paragraph 9 herein, With respect to the said real estate, the partl.. agree .. follows: (a) Upon the eX8<1utlon of thl. Agreement by both partl.., HUSBAND .hall make, execute and deliver all documents In the u.ual form granting, transferring and conveying all of hll right, title, Intereat and claim In and to the real ..tete to WIFE. Said tranlfer II conditioned upon and shall be made In exohange for the payment of the sum of $1,700,00 by WIFE to HUSBAND as let forth In Paragraph 1/5 herein, The deed to the property 8hall, therefore, be executed by HUSBAND upon the ~Ignlng of 10 thl. Agreement and delivered to WIFE'S attorney Who Ihall hold the urn. In 88OroW until WIFE execut.. thle Agreement and dellvere to HUSBAND the payment of the $1,700.00 afor888ld, (b) WIFE Ihall hereafter be aolely liable for and lhall make all timely paymentl of the Integra Mortgage and Ihalllndemnlfy, protect and live HUSBAND harmlesl therefrom, WIFE shall also utilize her belt effortl to eeoure a release of liability of HUSBAND under the afor88llld Integra Mortgage and underlying promi88ory note, (0) WIFE Ihall hereafter be entitled to receive all rents and profits from the eald real estate. (d) All Income and rents and all expsn... pertaining to the real estate for the calendar year 1995 shall be reportsd by WIFE.. her Inoome, rentl and expenlel on her applicable tax retuml. 11. MO~ETA"Y PAYMINT. In con.lderatlon of the transfer of the real eatate by HUSBAND to WIFE .. .et forth In Paragraph 14 herein, and In further conllderatlon of the overall dlltrlbutlon of ...ets and debtl between the parties as set forth hereln, WIFE Ihall pay HUSBAND the eum of $1,700,00 payable upon her execution of thll Agreement and In exchange for HUSBAND's delivery of ths deed for the real ..tate to WIFE U let forth In Paragraph 14 herein. DIANE G, IlAlK:!..,f ATTlllNlY.AT.I,AW It.. nlNIlI,' IOAIl I:AIII, 11I1.1., 'A 17011 11 DIANE G. llAnCLlrF ATTOlNlY.n.J,AW '411 nlNIlu. lOAIl (:",..'...I.I.,'A 171)1I 18. Each of the partl.. do.. Ipeclflcally waive, releall, renounol and forever abandon all of his or her right, title, Intereat or claim, whatever It may be, In any Penllon Plan, Retirement Plan, Profit Sharing Plan, 401-K Plan, Keogh Plan, Stook Plan, Tax Daferred Savings Plan and/or any employee benefit plan of the other party, whether acquired thrOUgh said party's employment or otherwlle, and hereafter Mid Pension Plan, Retirement Plan, Savings Plan, Tax Deferred Savlngl Plan and/or any employee benefit plan shall become the eole and leparat. property of the party In whose name or through whOle employment Hid plan II oarrled . As clarification of the foregoing provisions, the partlel agree that HUSBAND Ihall receive as hie sole and separate property his Teamster's penllon valued at $22,263,29 and his ESP plan valued at $5,201,08. The partl.. further acknoWledge that neither party has any Intereat In any retirement plan, penllon plan, IRA or deferred compenMtlon plan that II subject to equitable dl8tr1butlon other than the above-referenced planl, 17. glYJlJON OF BANI< ACCOUNTSJIJOCK/L1f, INIUBM", The parties acknoWledge and agree that they have prevloully divided to thelr mutual satlsfaotlon all of their bank accounts, certlncat.. of depOllt, IRA accountl, bonds, shar88 of Itock, Investment plan8 and life Inlurance calh value 12 DIANE G, ltAOCLlrF ATTOlNf.Y.AT.UW .... TlINlll,', lOAIl I:AIII, 11I1.1" 'A 17011 " and hereafter WIFE agreel that all laid bank II.OCOuntl, certlfloat.. of dlpOllt, IRA accountl, bondi, ehare. of stock, Investment planl and life Insurance ouh value In the po..e..lon of HUSBAND ehall become the ,ole and .eparate property of HUSBAND; and HUSBAND agree. that all the eald bank accounll, oertlfloat.. of deposit, IRA aocountl, bond., Ihares of Itock, Invutmsnt planl and lI'elnluranoe calh value In the po.....lon of WIFE Ihall become the lOll and leparate property of WIFE, Each of the parties does .peclflcally waive, releue, renounoe and forever abandon whatever right, title, Int.rest or claim, he or Ih. may have In any bank account, certificates of deposit, IRA accounts, bonds, shar88 of Itock, Investment plans and life Insurance cash value that Is to become the IOle and aeparate property of the other pursuant to the terms hereof. 11. MAR,TAL OEm The parties have amassed l!l variety of debts during the couree of the marriage, The parties agree that these debts shall be distributed between them al let forth on Exhibit "A" attached hereto and made a part hereof, and each party Ihall pay any debt listed under his or her name as his or her debt and Ihall Indemnify, protect and save the other party harmless therefrom, Any liability not dllclosed In this Agr.ement Will be the IOle reaponllblllty of the party who has Inourred or may hereafter Incur It, and eaoh agreM to pay It a. the same shall become due, Each party agrees to Indemnify and hold the 13 DIANE G, IlAIlCLlFf ATTOlN'Y.A'f.l.AW .... niNO"', lllA/' I:AIII'IIII.1., ~A 110 I other party and hll or her property harmle.. from any and all .och debtl, obligation. and lIabllltl.. assumed by a party pUrluant to lhll Paragraph, From the date 01 execution of thl. Agreement, each party Ihall u.. only tho.. oredlt card. and accounts for which that party II Individually liable and the partl.. agr.. to oooperate In closing any remaining accountl which provide for joint liability, 11. WAIVIR Qf J~HlB.lrANCE, Each of the parties hereto does Ipeclfloally waive, rel...., renounce and forever abandon any right, title, Interest and claim, If ltny, either party may have In and to any Inheritance of any kind or nature What.oever previously or In the future received by the other party, 20. WI"~'8 1)11;1'[1. WIFE represents and warrants to HUSI!lAND that since the plrtlel' marital I8paratlon she has not contracted or Incurred any debt or lI,ablllty for Whloh HUSBAND or his estate might be re8ponslble and WIFE further reprMentl and warrantl to HUSBAND that she Will not contract or Incur eny debt or liability after the execution of this Agreement, for which HUSBAND or hll ..tate might be reeponllble, WIFE shall Indemnify and eave HUSBAND hermle.. from any and all claims or demands made agaln.t him by rea.on of debtl or obllgatlonl Incurred by her, 14 DIANE G, RAllCUrr ATTOlNJ.Y.A'T.I,AW .... nlNll.... lOAn r:AIII' lIIf,'" ~A 11011 11.~ HUSBAND repreaentl and warrantl to WIFE that IIn08 the partl..' marital leparatlon he ha. not contracted or Incurred any debt or liability for Whloh WIFE or her e.tate might be responllble and HlJSBAND further r.preaenlland warrante to WIFE that he Will not contract or Incur any debt or liability after the execution of thll Agreement, for which WIFE or her ..tate might be reeponllble, HUSBAND Ihall Indemnify and save WIFE harmlell from any and all clalml or demandl made agalnet her by reason of debts or obligations Incurred by him, 22. IAHISRUP~ The parties hereby agree that the provisions of this Agreement 8hall not be dlechargeable or set 81lde In bankruptcy action filed by either party end expr"lly agree to reaffirm any and all agreements and obligations contained herein, except obllgatlonl 88sumed by a party for which the other party wal not liable to the oredltor prior to the entry Into thl. Agreement. In the event a party filM .uoh bankruptcy and pursuant thereto obtains a discharge of any obllgatlonl ..Iumecl hereunder .s conditioned above, or otherWI18 securea a modification of the distribution of 81sets set forth herein, the other party Ihall have the right to terminate this Agreement, In which event the division of the partiN' marttal a... and all other r1ght8 determined by this Agreement Ihall be lubject to oourt determination the same al If thl8 Agreement had never been entered Into, 15 DIANE G, RAIlCLlfF ATTOlNlV.A'f.I,AW .... nlNIlU lOAn UIII' /Ill.l" 'A 17011 23" INCOM': TAX palOJ' "~TU"fllL The parties filed or are about to file a joint 1994 federallnoome tax retum for Which there remalne an outltandlng tax liability of $1,400,00 Including a bue tax liability of approximately $1,000,00 and Inter..t and penalties of S4OO,oo, WIFE Ihall be 80Iely responllble for said $1,400,00 tax liability and .hall pay the ..me within thirty (30) days of the date of thl8 Agreement and eh81llndemnlfy, protect and eave HUSBAND harmle.. therefrom, The parties have heretofore flied joint federal and lt8te retuml. Both parties agree that In the event any deficiency In federal, atate or local Income tax Is proposed, or any assessment of any suoh tax Is made agalnlt elther of them, each wUl Indemnify and hold harmless the other from and against any 10.. or liability for any such tax deficiency or a..e..ment therewith, Such tax, Inter..t, penalty or expen8e Ihall be paid solely and entirely by the Individual Who II finally determined to be the cause of the ml8representatlonl or fallure8 to dlaclo18 the nature and extent of his or her separate Income on the aforesaid joint retume, 24.~ The parties agree that the dlvl810n of all property 8et forth In thll Agreement and a8 summarized on Exhibit "A" Is equitable and both partl.. rellnqullh the right to divide laid property In any manner not conslltent with the term. let forth 16 DJANIl G. RAIlCLlff' ATTOlNn.AT.l,AW 'm r~INIlI" lllAll (:AIII' 1Il1.l" 'A I7nll hereln, It I. furth.r the Intent, understanding and agreemsnt of the partin that thll Agreement Is a full, final, complete and equitable propsrty division, 215. WAIVER OF ALIMONY, ALIMONY PENDENTE LITE, SPOUSAL IUPPO"T, MAlNTJtfANCE AND COlD. The partl.. hereto agree and do hereby waive any right and/or claim they may have, both now and In the future, against the olhsr for alimony, alimony pendente lite, spousal support, maintenance, counsel lees and costl, 215. PERSONAL RIGHTS. HUSBAND and WIFE may and shall, at all times hereafter, live aeparate and apart, They shall be free from any control, restraint, Interferenoe or authority, direct or Indirect, by the other In all respects as fully as If they were unmarried, They may reside at such place or places as they may sslect. Each may, for hll or her aeparate use or benefit, conduct, carry on and engage In any bUlln"l, ocoupatlon, profession or employment which to him or her may .eem advluble, HUSBAND and WIFE shall not mole8t, harass, disturb or malign eaCh other or the relpectlve families of each other nor compel or attempt to compel the other to oohablt or dwell by any means or In any manner whatsoever With him or her. 27. MUTUAL "~LEASE8. HUSBAND and WIFE each do hereby mutually remlae, rel"", quitclaim and forever dllcharge the other and the estate of SUCh other, for all time to oome, 17 and for all purpolet whatloever, from any and all right., title and Inter"lI, or clalme In or agalnlt the property (Including Income and gain from property hereafter acorulng) of the other or agalnlt the ..tate of luch other, of Whatever nature and where80ever situate, which he or she now has or at any time hereafter may have against such other, the estate of such other or any part thereof, Whether arlllng out of any former acts, contracts, engagements or lIabllltl81 of luch other or by way of dower or curtsey, or claims In the nature of dower or ourt.ey or wldow'l or widower's rlghtl , family exemption or elmllar allowanoe, 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 right. of a lurvlvlng Ipouae to participate In a deceased spouse's estate, whether arising under the laWl of (a) the Commonwealth of Pennsylvania, (b) State, Commonwealth of territory of the United States, or (c) any other country, or any right. Whloh elther party may have or at any time hereafter have for patt, present or future IUpport or maintenance, alimony, alimony pendente lite, counlet feel, equitable dlltrlbutlon, co.ts or expense8, Whether arlllng a8 a r8lult of the marital relation or otherWIse, except, and only except, all rights and agreementl and obllgatton. of Whatsoever nature arising or Whloh may arise under thl8 Agreement or for the breach of anv provision thereof, It Is the Intention of HUSBAND and WIFE to give to eaoh other by the execution of thl8 Agreement a full, complllle and general DlAN~ G, RAIlU.JU ATTOlNlV.AT.I,AW 1l4l1-INIH.'. lOA II 18 (:AIII 11I1.1.," 11"11 DIANE G, 1A1lC1.lrt' ATTOlN',V.A'f.l.A W 1141 nlNIlI,' lllAn I;AIII'IIII.1" rA 17QII 31. 't'TEQ"'TIQN, Thll Agreement conltltutes the entire underal8ndlng of the partt.. and IUp8t'led.. any and all prior agreemente and negotiation I between them, There are no repre..ntatlons or warranties other than thole exprellly let forth herein, 32. QIHIFI DQCUMI~1ArlQti WIFE and HUSBAND covenant and agree that they Will forthwith (and within at least twenty (20) days after demand therefor), execute any and aU written Instruments, assignments, releal8s, satisfactions, deeds, notes, stock certlflcat.., or such other writings as may be necessary or desirable for the proper effectuation of this Agreement, and as their respective counsel ahall mutually agree should bll so executed In order to carry out fully and effeotlVftly the terml of thl. Agreement. Clet. M,O WAIVER OF DEFAULT. Thle Agreement shall remain in full force and effect unl... and until terminated under and pursuant to the term8 of this Agreement. The failure of either party to Insist upon strict performance of any of the provlslonl of thll Agreement Ihall In no way affect the right of luch party hereafter to enforce the ume, nor .hall the waiver of any sublequent default of the 8Ilme or Ilmllar nature, nor shall It be con8trued as a waiver of strlot performance of any other obllgatlon8 herein, 20 DIANE G, ullCun ATTOlNlY.A'r.UW '44. 'TlINIlU lOA" I:AIII, 11I1.1., ~A I7nll M. 'R.~tt If for any reuon either HUSBAND or WIFE falll to perform his or her obligation. hereunder owed to or for the benefit of the other party and/or Qtherwlee breach.. the terme of this Agreement, then the other party lhall have the folloWing rlghtl and remedies, all of Which shall be deemed to be oumulatlve and not In the altematlve, unless said cumulative effect would havo an Inconllltent rflllult or would reault In a windfall to the other party: (a) the right to specific performan~e of the terml of thll Agrsement, In Which event the non-breaching party shall be relmbursed for all reuonable attorney's fees and COlts Incurred u the r88ult of I8Id breach and In bringing the action for specific performance, (b) the right to damag.. arlelng out of breach of the terml of thll Agreement, Which damages shall Include relmburaement of all attomey'l f... and costs Incurred al the result of the breach and In bringing the damage action, (0) the right to all remedies set forth In Section 3e02(e) of the Pennlylvanla Divorce Code, 23 Pa, C,B.A, 3602(e), an any additional rights and remedies that may hereafter be enacted by virtue of the amendment of said Section or replacement thereof by any other Ilmllar laWl, Which remedies Ihalllnclude, but not be limited to: 21 DIANE G, IlAllCl.lfF ATTOlNlV.AT.UW ,...nINIlU lOAIl l:A1II' 1111.1" ~A 11011 H. IDI8.AIJJ.l'rt. If any term, oondltlon, clau.. or provillon of thll Agr""'ent lhall be dtlll'mlned or declared to be void or Invalid In law or othtlWle., then only that tlml, condition, clause or provision Ihall be Itrlcken from thl. Agreement and In III other reapects thll Agreement shall be valid and continue In full force, eff80t and operation. LikeWIse, the failure of any party to meet hi. or her obllgationl under anyone or more of the paragraphs herein, With the exoeptlon of the satisfaction of the conditions precedent, shall In no way avoid or liter the remaining obllgatlonl of the parties. 38. LAW OF PENHfYLVANIA APPLlCABI.I. Thll Agreement ehall be construed In accordance with the lawe of the Commonwealth of Pennsylvania, 37. HEAQltiGI ~T PARr QF AOFlEEMIEHL Any headlngl preceding the text of the several pllragrephl llI'ld lubparagrephs hereof, are Inlerted lolely for convenience of reference and lhall not con8titut. a part of thll Agreement nor shall they affect III meaning, conltructlon or effect. BY SIGNING THIS AGREEMENT, EACH PARTY ACKNOWLEDGES HAVING READ AND UNDERSTOOD THE ENTIRE AGREEMENT, AND EACH PARTY ACKNOWLEDGES THAT THE PROVISIONS OF THIS AGREEMENT SHALL BE AS 23 MARK A. OUGHTON, PLAINTIFF IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO, 9+697 CIVIL TERM CIVIL ACTION - LAW IN DIVORCE / Ii I r" " v, LORENA OUGHTON, DEFENDANT PRAECIPE TQ 'TRMf'YIT RECORD To the Prothonotary: Tranlmlt 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(0) of the Divorce Code, 2, Oate and manner of service of the complaint: SEE AFFIDAVIT OF SERVICE FILED ON MARCH 2, 1994, (3, Complete either paragraph (a) or (b): (a) Date of execution of the affidavit of consent required by Section 0001 (c) of the Divorce Code: by the Plaintiff: 08/24/96; by the Defendant: 08/24/9~ (b)(1) Date of execution of the Defendant's affidavit required by Section 3301 (d) of the Divorce Code: N/A. (2) Date of service of the Plalntlff'l affidavit upon the Defendant: N/A 4, Related clalml pending: ALL ISSUES RESOLVED BY THE MARRIAGE SETTLEMENT AGREEMENT ENTERED INTO BETWEEN THE PARTIES DATED AUGUST 2~, 1996. 6, Date and manner of service of Notice of Intention to Requ8lt Entry of Divorce Decree, a copy of Whloh Is attached: N/A, \ I ,. ~"h ' , , , ' ; . I 'I 'I , I a; '((' . :0::: 'I,. C\' , I .....1 ~ " 'I ;t': ' " II ,I 1 I I ,11 , , I " " I' II, I 1;1, I' ", " I' I I I I, , , 'I' I I I' '/ I: I, , ' , , I, ',, I, " Iii I, " ,.. . . MARK A, OUGHTON, PLAINTIFF IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO, /597 CIVIL 1994 CIVIL ACTION - LAW v, LORENA OUGHTON, DEFENDANT NflDAVrr OF CQN8~," 1, A Complaint In Divorce under Section 3301(c) of the Divorce Code was flied on February 9, 1994. 2, The marriage of Plaintiff and Defendant Is Irretrievably broken and ninety (90) days have elapsed from the date of filing the Complaint. 3, I consent to the entry of a final Decree In Divorce, 4, I understand that If a claim for alimony, alimony pendente lite, marital , property or oounsel fees or expenses has not been flied with the Court before the entry of a final Decree In Divorce, the right to claim any of them will be lost, 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 unsworn falsification to authorities. Oated: 8/24/95 _ , I', DIANE G. RADeLlrr ATTOlNlY.AT.I,AW '4.'ll'NIlI,llO~J) CAlli JIILL,', 17011 , " , , fl' I, I'r