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JOANNEV. KEPPLER,
Plaintiff
IN WE COORT OF CCM10N PLEAS OF
CUMBERLAND COJm'V. PENNSYLVANIA
NO. 94-4079
CIVIL
lf4
VB.
TIMOTHY J. KEPPLER,
Defendant
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. Grounds for divorce: irretrievable breaKdown under Section 3301 (c)
i:IJAJ rJVtM of the Divorce Code. (StriKe Ollt inapplicable section)
2. Date and manner of service of the complaint: ~ertifie<l Mail On Julv 26, 1994
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 the plaintiff February 24. 1997
by the defendant
Mav 30. 1996
B. (1) Date of execution of the plaintiff's affidavit requJIed by
Section 3301 (d) of the Divorce Code:
(2) Date of service of the plaintiff's affidavit upon the defendant:
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~ tor y f~h'VI#l.t1'W/Defendant
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4. Related claims pending: NONE
5. Indicate date and manner of service of the notice of intention to file
praecipe to transmit record, and attach a copy of said notice under Section
3301 (d)(l)(i) of the Divorce Code
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JOANNE V. KBPPLER, I IN THE COURT OF COMMON PLEAS
Plaintiff I CUMBERLAND COUNTY, PENNSYLVANIA
I
VS. I NO.
I CIVIL ACTION - LAW
TIMOTHY J. KEPPLER, I
Defendant I IN DIVORCE
COMPLAINT UNDER SECTION 3301
OF THE DIVORCE CODE
1. Plaintiff is Joanne V. Keppler, who currently resides
at 52 Brian Drive, Carlisle, Cumberland County, Pennsylvania 17013.
2. Defendant is Timothy J. Keppler, who currently
resides at 52 Brian Drive, Carlisle, Cumberland County,
Pennsylvania 17013.
3. Plaintiff has been a bona fide resident of the
Commonwealth of Pennsylvania for a period of more than six (6)
months immediately preceding the filing of this Complaint.
4. The Parties were married on May 25, 1984 in East
Hartford, Connecticut.
5. Defendant is in the military service of the United
States but his service does not preclude him from adequately
defending the instant action and, therefore, this action is
permitted by the provisions of the Soldiers' and Sailors I Civil
Relief Act of the Congress of 1940 and its amendments.
6. There has been no prior action for divorce or
annulment instituted by either of the parties in this or any other
jurisdiction.
COUNT II I.
REQUEST FOR EQUITABLE DISTRIBUTION OF MARITAL
PROPERTY UNDER SECTIONS 3323, 3501. 3502 and 3503
OF THE DIVORCE CODE
13. The prior paragraphs of this Complaint are
incorporated herein by reference thereto.
14. Plaintiff requeets the Court to equitably divide,
distribute or assign the martial property between the parties
without regard to maritlll misconduct in such proportion as the
Court deems just after consideration of all relevant factors.
WHEREFORE, Plaintiff respectfully requests the Court to
enter an order of equitable distribution of marital property
pursuant to Sections 3323, 3501, 3502 end 3503 of the Divorce Code.
COUNT IV.
REQUEST FOR SPOUSAL SUPPORT AND/OR ALIMONY
PENDENTE LITE AND ALIMONY UNDER
SECTIONS 3701. 3702 and 3704 OF THE DIVORCE CODE
15. The prior paragraphs of this Complaint are
incorporated herein by reference thereto.
16. Plaintiff is unable to sustain herself during the
course of litigation.
17. Plaintiff lacks sufficient property to provide for her
reasonable needs and is unable to sustain herself through
appropriate employment.
18. Plaintiff requests the Court to enter an award of
spousal support and/or alimony pendente lite until final hearing
and theraupon to entar an ordar of alimony in her favor pursuant to
Ssctions 3704 of the Divorce Code.
WHEREFORE, Plaintiff respectfully requests the Court to
enter an award of spousal support and/or alimony pendente lite
until final hearing and thereupon to enter an order of alimony in
her favor pursuant to Sections 3701, 3702 and 3704 of the Divorce
code.
COUNT V.
REQUEST FOR COUNSEL FEES, COSTS AND EXPENSES
UNDER SECTION 3702 OF THE DIVORCE CODE
19. The prior paragraphs of this Complaint are
incorporated herein by reference thereto.
20. Plaintiff has employed Edward J. Weintraub, Esquire,
to represent her in this matrimonial cause.
21. Plaintiff is unable to pay his counsel fees, costs
and expenses and Defendant is more than able to pay them.
22. Defendant is employed and has the ability to pay
Plaintiff's counsel fees, costs and expensos.
23. Reserving the right to apply to the Court for
temporary counsel fees, costs and expenses prior to final hearing,
Plaintiff requests that, after final hearing, the Court order
Defendant to pay Plaintiff's reasonable counsel fees, costs and
expenses.
WHEREFORE, Plaintiff respectfully requests that, pursuant
to Sections 3702 of the Divorce Code, the Court enter an order
directing Defendant to pay Plaintiff I s reasonllble counsel fees,
costs and expenses.
COUNT VI.
REQUEST FOR APPROVAL OF ANY SETTLEMENT AGREEMENT
AND INCORPORATION THEREOF IN DIVORCE DECREE
UNDER SECTION 3104
OF THE DIVORCE CODE
24. The prior paragraphs of this Complaint are
incorporated herein by reference thereto.
25. The public policy of the Commonwealth of Pennsylvania
encourages parties to a marital dispute to negotiate a settlement
of their differences.
26. While no settlement has been reached as of the date
of the filing of this Complaint, Plaintiff is and has always been
willing to negotiate a fair and reasonable settlement of all
matters with Defendant.
27. To the extent that a written settlement agreement
might be entered into between the parties prior to the time of
hearing 011 this Complaint, Plaintiff desires that such written
agreement be approved by the Court and incorporated in any divorce
decree which may be entered dissolving the marriage between the
parties.
WHEREFORE, if a written settlement agreement is reached
between the Parties prior to the time of hearing on this Complaint,
Plaintiff respectfully requests that, pursuant to Section 3104
of the Divorce code, the Court approve and incorporate .uch
agreement in the tinal divorce decree.
EDWARD J. WEINTRAUB, ESQUIRE
130 Walnut Street
Harrisburg, PA 17110
(717) 238-2200
ID /H7441
ATTORNEY FOR PLAINTIFF
Date.
-1
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JOANNE V. KEPPLER,
Plaintiff
IN THE COUR'r OF COMMON PLEAS
OF CUMBERLAND COUNTY, PENNSYLVANIA
NO. 94-4079 civil
CIVIL ACTION - LAW
vs.
TIMOTHY J. KEPPLER,
Defendant
IN DIVORCE
AU.lQA.'l.L'r_QI:_<;QN..~!::riT _M'1rUoJAIY~'lLm':......rc0U':'fSELING AND NQI.~
1. A Complaint In Divorce under Section 3301 (c) of the
Divorce Code was filed on July 21, 1996.
2. The marriage of Plaintiff and Defendant is irretrievably
broken and ninety (90) days have elapsed from the date of the
filing of the Complaint.
3. I consent to the entry of a Final Decree of Divorce.
4. I understand that I may l.ose rights concerning alimony,
division of property, lawyer's fees or expenses if I do not claim
them before a divorce is granted.
5. I have been advised of the availability of marriage
counseling, and being so advised, ] do not request that the court
require my spouse and myself to participate in marriage counseling.
6. 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 of 18 Pa.C.S. Section 4909 relating
to unsworn falsification of authorities.
--.- ~.Kll^tlv-
'rimothy ,J eppl t
Date:,/30 11'
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JOANNE V. KEPPLER,
Philntlff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY. PENNSYLVANIA
vs.
NO. '/4-4079 CIVIL TERM
TIMOTHY J. KEPPLER,
Deflmdllnt
IN UIVOIKE
Ql1AUmm J}()Ml<:Sl'IC Rl<:I,Al'IONS ORJ}ER
.
AND NOW, this I'l day of n?a.. ""
, 1997, upon consideration of a Separution and
Property Selllemelll Agreement, the following Order is hereby elllered:
A. The pllrties agree that Timothy J. Keppler (SS# 330-58-5523), hereinafter referred to as
Husband and Participallt, is employed by the United States Anny and is a participalll in the l'etiremelll
plan sponsored by the United States Anny (hereinafter referred to as the plan).
B. The parties agree that the Wife, Joanne V. Keppler (SS# 043-70-8024), having been married
to Participalll since May 25, 198-1, a period during which the Partlcipalll was employed with the United
States Anny.
C. The parties agree that the Wife, Joanne V. Keppler, has raised claims for, inter alia, equitable
distribution of marital property pursuant to the Pennsylvania Divorce Code.
D. nil' parties agree that the Husband and Wife were married for a period of 120 months prior
to their separation during which time the Husband served 120 months of creditable service lowards
retirement.
E. The Husband's current and last known mailing address is S-3 TF6-52ADA, APO,AE, 09808.
F. The Wife's currl'UI alllllast known mailing address is 52 Brian Drive, Carlisle, Cumberland
County, PA 17013.
It is hereby ORDERED that:
I. The aforementioned retirement plan is marital property su~iect to distribution by this Court.
.
,
recall occurs.
10, The rights crellted IInd the obliglltions imposed by the Order shall hmninate upon Ihe death
of either party.
1 \. Wife shall make limely application for direct pllymenl of her share of Husband's military
Retired Pay, inllccordllnce with Title 10, United States Code, Section 1408 III III Title 32, Code of Federal
Regulations Pllrt 63.
12. The partics shall each nOlify DFAS of changcs in fllctual circumstanccs, and modifications
or amendments to lhis Order, and Ihe results of any othcr legal proc~edings. which may affeCI the righls
created and thc obligations imposed by this Ordcr. Said nolice shall be mailcd 10 DFAS by certitied
mail not later than tivc (5) days after the occnrrtmce of thc cvelll winch may affect Ihe lemlS of this
Order.
11 If Husband leavcs military service before rCliring and then qnalities for any other retirement
plan Ihat credits his period of military service I'm eligibility to retire of for calculaling the amount of
civilian retired pay, Ihc Wife shall be entitled 10 a pro-mla share of the civilian retired pay.
14. If Husband rClires from military service and Ihen subsequently also qualities for a civilian
retirement plan that allows him to combine his military and civilian service in order to receive a larger
. civihan pension, any such election by Husband shall not affect Wife's right to a monthly sum equal to
her portion of the military relired as provided for herein.
15. Hnsband shall perform any and all acts necessary and required of him by the military to
allow Wife to obtain requisile military fonner spouse identitication cards for which she is eligible.
Husband shall execute any and all documents necessary to assure Wife receives access to the
commissary, Ihe exchangl' systelJl and hcalth are facilities of the anned services for which she may be
eligible. Further. Husband shall execute any and all documents necessary to assure Wife is eligible for
CHAMPUS or othl!r civilillll hculth care benefits provided by thl! anned services to the maximum extent
provided by luw. If legislation is passed at any time increusing Wife's eligibility for further benetits,
Husoond shall promptly sign un)' fonns required to ussure Wife receives suid benelits.
16. lllis Court reHlins jurisdiction to supl!rvise und enforce the payment of Husbwld's military
retired pay to Wife us provided for herein und to amend this Order us may be necessary to ensure it
qualifies ami continues to qualify as u "court order" withinlhe meaning of Title 10, United States Code,
Section 1408. In this regard, because the date of Husband's retiremelll cannot now be ascertained, this
Order divides Husband's military pension by a fonnula. As a ';onsequence neither a specilic amount nor
a percentage of disposablc retired pay is provided for the Wife. Because DFAS does not appear to be
willing to accept for direct paymelll purposes an order which allocates disposable retired pay by fomlUla,
this Court will be required to amend this Order upon a detennination of Husband's retiremelll from the
military, and "Amended Consent Qualifying Military Retirement Order" expressing the Wife's share of
the Husband's retirement pay as a percentage shall be entered by this Court. In the event that such
Amended Consent Qualifying Military Retirement Order is not accepted for direct payment by the
Department of Defense, or other retirement pay provider, then Husband will execute such other and
further documents, including cndorsemelll of a new or modified order, as may be reasonably necessary
in order for Wife to reccive the benellts described ill the Order.
It is intended that this Order shall qualify as a Qualilled Domestic Relations Order. The Court
retains jurisdiction 10 amend this Order as might be necessary to establish or maintain its status as a
Qualified Domestic Relations Order.
BY;;;:RTdiL
/ J.
.'
to either party. This Agreement is not intended fO condone and shall not be deemed to be a condonation
on the part of either party hereto of any act or acts onlhe part of the other party which have occurred
prior to the date hereof. The parties imend to secure a mutual consent divorce.
2. f:FFECT OF DIVORCE DECREE: The parries agree Ihat unless otherwise specifically
provided herein, this Agreement shall continue in full force and effect afler such time as a tinal decree
in divorce may be entered with respect to Ihe parries.
3. AGREEMENT TO BE iNCORPORATED IN DIVORCE DECREE: The parties agree that
the terms of this Agreement shall be incorporaled into any divorce decree which may be entered with
respect to them.
4. SEPARATION: It shall be lawful for each party at all times hereafter to live separate and
apart from the other party as such place as he or she may from time to time choose or deem tit. The
foregoing provisions shall not be taken as an admission on Ihe part of either party of the lawfulness or
unlawfulness of the causes leading to Iheir living apart. The parties final date of separation was July
1,1994.
S. INTERFERENCE: Each parly shall be free from interference, aUlhority, 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 olher or atlemptto endeavor to molest the
other, nor compel the other 10 cohabit with the other, or in any way harass or malign the other, nor in
ary way interfere with the peaceful existence, separate and apart from the other.
6. WIFE'S DEBTS: WIFE represents and warrants to HUSBAND that since the parties'
separation on July I, 1994, she has not and in the future she will not contract or incur any debt or
liability for which HUSBAND or his estate might be responsible and shall indemnify and save harmless
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HUSBAND from any and all claims or demands made against him by reasons of deblS or obligations
incurred by her.
7. HUSBAND'S OEBTS: HUSBAND represents and warrants to WIFE that since the parties'
separation on July 1, 1994, he has not and in the future he will not contract or Incur any debt or
liability for which WIFE or her estate might be responsible and shall indemnify and save harmless
WIFE from any and all claims or demands made against her by reason of deb IS or obligations incurred
by him.
8. MUTUAL RELEASE: Subject to lhe 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, adminlstralors and assigns, release and discharge the other of and from all
causes of action, claims, lights, or demands, whalSoever in law or equity, which either of the parties
ever had or now has against the olher, except any or all cause or causes of action for divorce and except
any or all causes of action from breach of any provisions of this Agreement.
9. REAL PROPERTY: The marital home at 52 Brian Drive, Carlisle, Cumberland County,
Pennsylvania, shall remain the joint property of both parties. The WIFE shall continue to occupy the
premises until June 1, 1996. While in sole possession of the premises, the WIFE shall be responsible
for any and all payments and COS15 associated with the premises, including the mortgage payment,
property and school taxes, hazard insurance, and any maintenance COS15. The WIFE shall indemnify
and save harmless HUSBAND from any and all claims or demands made against him by reason of debts
or obligations incurred by the WIFE wilh relation to the above-referenced liabilities relating to the
marital home. On or about June I, 1996, ti,e WIFE shall refinance the mortgage and all other
obligations owing on the home at which time, the HUSBAND shall execute any and all documents
Page 3 of 10
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necessary to transfer his Inleresl in tl;e home to the WIFE, The parties recognize that one such
obligation relating to the home is Ihe $9.000.00 loan the HUSBAND's parents made to the parties to
assist them in the purchase of lhe home, Should It not be possible for WIFE to satisfy this obligation
to HUSBAND's parents at the time of refinance, she agrees to execute a promissory note to the
HUSBAND payable without interest over 7.5 years in 90 equal installments of $100 commencing on
the first day of the first mOlllh following closing of WIFE's refinancing.
10. DIVISION OF PERSONAL PROPERTY:
(a) The parties have heretofore divided their personal property to their mutual satisfaction.
Henceforth, each of the parties shall own, have and enjoy, independelllly of any claim of right of the
other party, all items of personal property of every kind, nature and description and wheresoever
situated, which are now owned or held by or Wllich may hereafter belong 10 the HUSBAND or WIFE
respectfully, with full power to the HUSBAND or the WIFE to dispose of same as fully and effectually,
in all respects and for all purposes as if he or she were unmarried. All items of personal property shall
be divided between the parties as provided herein:
(b) Personal Effects: All items of personal effects such as, but not limited 10: jewelry,
luggage, sports equipmelll, hobby collections and books, but not including furniture or any property,
personal or otherwise specifically disposed of pursualllto Ihis agreement, shall become the absolute and
sole property of that party who has actual possession of the item or to whom the property was given
or for whom it was purchased, and each party hereby surrenders any interest he or she may have in any
such tangible personal property of the other.
(e) IllIangible Personal Property (uther than Life Insurance): The parties agree that their
savings bonds and mutual funds shall be split in a 55/45 percent manner in favor of the WIFE. To
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effectuate this division, the parties agree to distribute lhe savings bonds by alternating them based upon
their date of issue with the WIFE receiving the oldest bond, The parties have authorized 20th Century
Investors 10 divide each mutual fund with 55 % going to the WIFE and 45 % going to the HUSBAND.
(d) Military Pension: The HUSBAND recognizes that his military pension is a property
asset divisible as part of this property settlement agreement. HUSBAND agrees that fifty (50%) percent
of the marital portion of his military pension shall be the sole and exclusive property of WIFE. The
parties agree that they have been married and lived as husband and wife for 120 months of the
HUSBAND's military service prior to the execution of this Agreement. In lieu of HUSBAND's election
of a Survivor's Benefit Annuity to the benetit of the WIFE, the parties hereby agree to split the cost
of a $30,000.00 term life insurance policy. Husband shall pay the premiums of said policy and wife
shall reimburse him one third (1/3) of said cost within thirty (30) days of his demalld, The WIFE shall
be named by the HUSBAND as the sole irrevocable beneficiary of this policy. The policy shall be
renewed by the parties unless the WIFE remarries, or predeceases the HUSBAND.
(e) Furniture and olher Tangible Property: All furniture and other tangible personal
property not disposed of pursuant to other paragraphs of this agreemelll shall be the property of the
party in possession at the time this agreement is executed,
(0 Debts: The HUSBAND shall be responsible for all existing joint debts and liabilities
incurred by the parties prior to July I, 1994 except as otherwise provided herein. The HUSBAND shall
also be responsible for all existing debts and liabilities incurred in his own name prior 10 the separation
including the $400.00 balance on the Visa account and the $2,000.00 balance on the 1990 Camaro. The
WIFE shall be responsible for all existing debts and liabilities incurred in hcr own name prior to July
I, 1994, including any outstanding balance on the 1991 Grand Prix. HUSBAND shall execute and
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deliver to WIFE, title to the Grand Prix, and shall execute all other documents to effectuate transfer.
HUSBAND shall be solely responsible for the indebtedness on his 1990 Chevrolet Camaro.
(g) The parties further agree that neither will incur any future debts for which the other
may be held lia.ble, and if either parlY incun a debt for which the other will be liable, that party
incurring such debt will hold the other harmless from any and all liability thereon.
II. AFTER ACOUIRED PERSONAL PROPERTY: Each of the parties shall hereafter own and
enjoy, independently of any claims or right oi the other, all items of personal property. tangible or
intangible, hereafter acquired by him or her, wi:h full power in him or her 10 dispose of the same as
fuliy and effectively, in all respect and for all purposes, as though he or she were unmarried.
12. ALIMONY: The HUSBAND agrees to pay to the WIFE the sum of $750.00 per month
as alimony. The first such payment shall be due on May I, 1995 and the last payment shall be due on
January 1, 1997. The lotal amount of alimony tC' be paid is $15,000.00. WIFE's eligibility for alimony
shall cease upon her remarriage, or tht' death of either party. Alimony shall be paid by allotment from
the HUSBAND's military pay.
HUSBAND hereby agrees that WIFE shall continue to be entitled to use and enjoy all
commissary and post exchange privileges, and other services allowed to her as a result of HUSBAND's
employment as a member of the United States Armed Forces. WIFE's medical benefits shall continue
for one (I) year following the entry of the parties' final decree in divorce, or until WIFE receives
medical benefits through her own employment, if these medical benefits are available to WIFE owing
to the HUSBAND's military employment, at no additional cost to HUSBAND. These benefits shall
terminate as to WIFE after the divorce, except as she is eligible under the Former Spouse Protection
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Act, provided that she qualifies for these benef:ts as determined by aoplicable United States Armed
Forces Entitlement Regulations.
13. COUNSEL FEES: Each parly shr.lI pay his or her counsel fees and expenses.
14. INSURANCE POLICIES: The HUSBAND shall maintain lhe WIFE as a beneficiary for
$30,000.00 of terrn life insurance coverage until his retirement from the military. The HUSBAND shall
obtain this insurance through the SGLI coverage that he receives incident to his employment with the
United States Armed Forces. The HUSBAND shall supply documentation to the WIFE to confirm this
election, including an irrevocable designation of WIFE as beneficiary. WIFE shall reimburse
HUSBAND for 1/3 of the expense of this policy as more full set forth in Paragraph IO(d).
15. DIVORCE: The parties hereto agree to enter into a mutual consent divorce. WIFE agrees
10 pursue and pay for the divorce and to be ,he Plaintiff therein. HUSBAND agrees to sign the
necessary documents, including an Affidavit of Consent and further instruments that may be reasonably
required to give full force and effect to the provisions of this Agreement.
16. WAIVER OF CLAIMS: Except as herein otherwise provided, each party may dispose of
his or her property in any way, and each party hereby waives and relinquishes any and all rights he. or
she shall now have or hereafter acquire, under the present or future laws of any jurisdiction, to share
in the property or the estate of the other as a result of the marital relationship, including without
limitation, dower, courtesy, statutory allowance, widow's allowance, right to take in intestacy, right to
take against the Will of the other, and right 10 act as administrator or executor of the other's estate, and
each will, at the request of the other, execute, acknowledge and deliver any and all instrument' which
may be necessary or advisable to carry into effectlhis mutual waiver and relinquishment of all such
interests, rights and claims.
Page 7 of 10
17. BREAClI: If either party breaches any provision of this Agreement, the other pariy shaH
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, anrlthe party breaching this contract shall be responsible
for payment of legal fees and co51S incurred by lhe other in enforcing their rights under this Agreement.
18. VOID CLAUSES: If any term, 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, clause
or provision shall be stricken from this Agreemelll and in all other respects this agreement shall be valid
and cOlllinue in full force, effect and operation.
19. DESCRIPTIVE HEADlNQS: The descriptive headings used herein are for convenience
only. They shall have no effect whatsoever in determining the rights or obligations of the parties.
20. INDEPENDENT SEPARATE COVENANTS: It is specitically understood and agreed by
and between the parties hereto that each paragraph hereof shall be deemed to be a separate and
independent covenant and agreement.
21. 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 further instruments that
may be reasonable required to give full force a:',d effect to the provisions of this Agreement.
22. APPLICABLE LAW: This Agreement shall be construed under the laws of the
Commonwealth of Pennsylvania and more specificaliy under the Divorce Code of 1980.
23. AGREEMENT BINDING ON HEIRS: This Agreement shall be binding and shall inure to
the benetit of the parties hereto and their respective heirs, executors, administrators, successors and
assigns.
Pabe 8 of 10
"
24. ENTIRE AGREEMENT: This Agreemcnt contains the entire understanding of the parties
and there are no representations, warranties, covenants or undcrtakings other than those expressly set
forth herein.
25. MODIFICATION AND WAIVER: i\ modification or waiver of any of the provisions of this
Agreement shall be effective only if made in writing and execuled with the same formality as this
Agreement. The failure of either party to Insist upon strict performance of any of the provisions of this
Agreement shall not be construed as a waiver of any subsequent default of the same or similar nature.
26. WAIVER OF RIGHTS: The parties hereto have been informed of their rights or have been
advised to seek counsel 10 inform them of their rights under and pursuant to the Divorce Code, Act of
April 2, 1980, Number 1980-26, particularly the provisions for alimony, alimony pendente lite,
equitable distribution of marital property, counsel fees or expenses. Both parties agree that this
Agreement shall conclusively provide for the distribution of property under the said law and hereby
waive, release and relinquish any further rights they may respectively have against the other for
alimony, alimony pendente lite, equitable distribulion of marital property, counsel fees or expenses.
From the date hereof, each party may acquire either personal or real property in their own name. Any
property so acquired shall be owned solely by the individual and shall not be subject to any claim
whatsoever by the other party.
27. EXECUTION OF DOCUMENTS: Both parties hereby agree to execute any documents
required to implement this Agreement.
28. FINANCIAL DISCLOSURE: The parties contirm that they have relied on the substantial
accuracy of the financial disclosure of the other as an inducement to the execution of this Agreement.
Page 9 of 10
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