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HomeMy WebLinkAbout94-04438 11'1 'I 'II " I,' , I ~ II " ~ , I I, I/) 7 .~ ~ ~ ! j ()O (Y) T :r 01 z, I I, 'I ,I, I I \ \ ~\ ) ,'- ,/ , I " " / ( I , , , " , I' , ' " I, "I 1'; " , , " 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, - 2 - ',.1"'" -, .:,l~..'\" ,';t'."" ,',., .''''.h..;;....:. -.. -;... . .'1 ~."........t..._....,~......__.J.._..."'--_... ..... """ ~'.. 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 ~ J.trY' ,rl/II..- ,',i~/II/{I/,'c"f." ,:.1t~I"I.".)\ /..'.I,.''-/J,.I'~'1J of a ee~.Uid check in the amount of Twenty Five-Thousand' (625;000,00)-. I, fWML ,-/,1" ,.} -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 - 3 - 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 - <I - 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 - 5 - 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 '" , , c;2i --' ~ !i ,.. .:I- - - ClO l;J ..... ~ -:r: .., ~-: , ,;1-, ~~, L' ....ll_. -.~ '". ;~- .~~' : ..' _,I., . 1 ~ ..,' , lh~ , ~ II. ~. i ~:; t, ~ ~ t.,; \' - '" o Q 'n ~ , o l" ~ ....... , , " ~ ~ (>0 :r- - - - "* 1 ,":;W! -;-Q. '-J ~ 'I 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 I ~ . ZLC,