HomeMy WebLinkAbout94-04438
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Order and that this Allrecl1llIJlt IMY be unforced by contract rUl1llldiue in
addition to any othqr remedius which may be svailable pureuant to the terma
of thia Agreement or other:wiee under Illw or equity.
2. dIlI!MI!Ift'_ '1U ll8 INlXJlUlOOA'm> IN OIvatt'K l>lCU'.8
'l11e parties agree 'that the tUP:11lll of this Agreel1lllnt shall bo
incorporated but not I1llIrged into Imy IJivorce Pucrlle which may be entered
with reep8ct to them. The partiee further sgree that the Court of Common
Pless which may enter auch Divorce Pecree ahsll retsin continuing
jurisdiction over the partiea and the Ilubject ITldtter of the Agreel1lllnt for
the purpose of enforcel1lllnt of any of the provisions thureof.
3 . ll1lUAL WAIVJ!R at CLAIM t.G.\IKS'l' BSTATBS
Except Sll herein otherwille provided, each party IMY diapose
of his or her property in any way, and each party hereby waives and
relinquiehes any snd all rightll he or Ilhe "~y now hav" or hereafter acquire
under the prellent or future lswa of any jurisdiction, to shsre in the
property or the elltate of the other as a result of the marital
relationship, including without limitation, dower, curtesy, statutory
allowance, widow's allowance, right to take in intestacy, right to take
against the Will of the other, and right to act as administrator or
executor or the tJther I /J estate, and any right ex lstlng now or in the future
under the Pa. Divorce Code, and each will, at the request of the other,
execute, and deliver any and all instrumente which may be necflesary to
carry into effect this mutual waiver snd relinquiehment of all such
interests, rights snd claima.
4 . l't!ROONAL l'RJPRR'l'Y
WIFE hereby sssigns, conveys snd transfere all of WIFE's
title and intereat in and to any furniture, furniShings, rugs, carpets,
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houlIlIhold equipment and IIppllanCell, picturQs, books, and any other ItllOIll of
tlll1\lible personal property of whatever nature which are located on the
execution dllte of this Agreement In the residence at 754 Gettysburg Road,
Mechllnicllburg, Pennsylvania to IIUSIlAND.
HUSBAND hereby assigns, conveys and tranllfers all of
HUSBIIND's title and Interest In any personal property and belongings in the
polsession of WIFE on the execution date of this ~reement to WIFE.
By this Agreement, each of the parties specifically walvea
and releases whatever clallTlll she or he may have with respect to any of the
foregoing persons 1 property which shllll become the Bole and eepllrate
property of the other from the execution date of thie Agreement.
5. IOla' vr.HICLBS
WIFE shall become the Bole 0"" of the 1989 Oldemoblle.
HUSBAND shall become the sole owner of the 1986 Dodge Van (full iii ze) and
the 1988 Dodge Mini-Van. All necesllary documentation shall be executed by
the parti.., in order to effect transfer of title to the automobUea aa
herein provided, on or before the date of execution of thie Agreement.
6. RI!AL PSlWl'B
WIFE agrees to trllnefer all right, title and intereet in the
reeidence located at 754 Gettyeburg Road, Mechanlcsburg, Pcmneylvllnla to
HUSBAND. The tranefer of the real estate ehall occur upon receipt by WIFE
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of a ee~.Uid check in the amount of Twenty Five-Thousand' (625;000,00)-. I, fWML
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-floUanrfrom HUSBAND, which amount ehall be paid on the date of entry of
the final Decree in Divorce.
7. MBDICAL INSURMCB pm WIFE
HUSBAND will continue to provide medical ineurance for WIFE
through his employment. Thie medical inllurance will remain in effect until
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WIFl'l hall compl.ted the su...gery for hyste....otomy and any other related
llul:9.ry. Upon oompletion of the Ilurge...y the parties are in agr.ement that
the divo...ce should proceed. If tor any reallon surgery im not required, or
WIFl'l wants to proceed with the divoroe pdor to the tillle of her sUl:gery,
th.n this is also aco.ptable.
8. 0'm1!R MSB'I'S
wtP'l'l shall retain as her 1l01e proper.ty all lnauranoe
polici.", .tocks, bonds, pension fundll and bank accounts which lire in
WIFl'l'a nlllll8. HUSBAND shall retllln al9 hill 1901e p...operty all insurance
policles, pension lundll, bank accounts which are in HlISllAND'19 name.
9. PB'1'S
WIFE may visit the dogs, Midnight and Freckles, in the
outdoor dog yard and may llnter the sunporch ol HUSBAND's reBidence from the
outdoor dog yard dudng the hours between 10100 lI.m. IInd 10100 p.m. WIFl'l
mullt give HUSBAND forty-eight hours notice before tllking the dogs off the
property at the rellidence. Thil9 provil9icn doel9 not give WIFE permil9sion to
enter any building other than the 19unporch without per111isllion from HUSBAND
after the date of execution of thill Agreement.
10. LIABILITIES
Each party I9hall aSl9urne /lole rel9ponl9ibility for satisfaction
of any outstanding balancell on the credit cardl9 in hil9 or her sole narne.
11. APTI!R AOOUIRPD PROPI!RTY
Each of the parties I9hall hereafter own and enjoy,
independently of any claim or right of the other, all items of property, be
they reel, personal or mixed, tangible or intangible, which are hereafter
acquired by him or her, with full power in him or her to dispose of the
lIame aa fully and effectively, in all respecte and for all purposea, as
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though he or ehe were unmarried.
12. twtRAHl'Y NI 'It) BXIB'I'It<<l OIIr,rGA~
Each party repreeente that they hllve not heretofore incurred
or contracted for any debt or liability or obligatione for which the estate
of the other party IMY be reeponeible or lisble except as nlllY be provided
for in this Agreement. ElIch party aqrees to indenl1ify and hold the other
perty harmless for and againet any Ilnd all such debts, l1sbll1t:ltee or
obligatione of every kind which IMY have heretofore been incurred by them,
including thoae for neceeeitiee, except for the obligatione arieing out of
thie Agreement.
13. twtRAHl'Y NI 'It) P'l1lUt8 OBLIGATIONS
WIFE and HUSBAND each covenant, warrant, repreeent IInd agree
that with the exception of obligatione Bet forth in thie Agreement, neither
of them shall heresfter incur any liability whatsoever for which the Eetate
of the other IMY be l1sble. Each party ehaU indemnify and hold hsnnleee
the other party for and agalnet any snd all debte, chargee and liabilitiee
incurred by the other after the execution date of this Agreement, except aB
may be otherwise specifically prOVided for by the te~ of this Agreement.
14. LPlGAL ADVICB
Both partiee sgree and acknowledge that they have had ample
and sufficient time to csrefully snd fully review the terms snd prOVisions
of this Agreement and to seek and obtain the advice of an attorney. WIFE
further represents thst she has consulted with Dswn S. Sunday, Esquire and
has elected to enter into this Agreement contrary to couneel's advice.
15. A'l"lalN!Y'S PBP.S l'at ~
In the event that either party breaches any provieion of this
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OAR(,ENE j;;. MEDLIN, I IN 'l'HE COUR'l' aii' COMMON PLEAS OF
Plaintiff I CUMllERLAND COUN'l'Y, PENNSYLVANIA
I YY38
Vs. I NO. 94~ CIVH. TERM
I
WILDON L. MEDLIN, JR., I IN DIVORCE
Defendant I
APli'IDA~
I, Darlene E. Medlin. hereby affirm the followingl
1. I have been advis'ld of the availability of
marriage counseling and understand that I may
request that the Court requIre my spouse and I
to participate in counseling.
2. I understand that the Court maintains a list of
marrisge counselors in the Domestic Relations
Office, which list is available to me upon
request.
3. lleing so advised, I do not request that the
Court require that my spouse and I participate
in counseling prior to a Oi vorce Decree being
handed down by the Court.
I understand that false statements herein are made subject to the
penalties of. 16 Pa. C.B.A. ~4904 relating to unsworn falsification to
authoritiJls.
JJod_,-~) C, /Yl~..t-~v
Darlene E. Medlin
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OARf.I!lNI!l I!l. MElOf.XN, I IN '1'1J1Jl COUR'!' OF COMMON Pl.l!lA8
PUIHTIPP I CUHllJ:J1H,AND COUN'l'\(
VB. I
I 94 - No. 4438 CIVIL 1994
WW:x)N r.. MEOf.W/ JR., I
DBPIilNPAN'l' I IN IHVOHCEJ
AFPIDAVIT OF CONSENT
1. A Complaint in Divoroe under Bectioll 3301(0) of the Divoroe
Code was fi led.
3. The ma~riage of the Plaintiff and Dofendant is irretriovably
broken and ninety days have elapsed from the date of the
filing of the Complaint.
3. I oonoent to the entry of a final Decree in Divorce.
4. I understand till", if a claim for alimony, alimony pendente
lite, marital property, counsel fees or expenses has
not been filed wi th the Court before the entry of a final
Deoree in Divorce, tho right to claim any of those will
be lost.
I verify that the atatements Illade in t.his Affidavit are true
and oorrect. I understand that false statements herein ara
made subject to the penalties of 16 VA. C.B. 4904, relating
to unsworn falsification to authorities.
Date '( 'In''''''''/~L 1*1-signed
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