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DEBRA S. STOUFFER,
4858 civil rrer'l) 94
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Plaintiff
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JEFFREY L. STOUFFER,
Defendant
DECREE IN
AND NOWA .~O ~ va R ,flc;
d d h '(jr:;::bra S. stouffer,
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it is ordered and
, ., plaintiff,
. . . '. defendant,
Jeffrey L. stouffer,
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are divorced from the bonds of matrimony,
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The court retains jurisdiction of the following claims which have
been raised of record in this action for which a final order has not yet
been entered;
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All economic issues raised of record are resolved by the
mar 1 teil . settlement. agreement: . executed by the parties 'on DeCEllilber 5,
1994... ..A true and correct .copy of. the agreem.ent .is. .att/l.cneli, as
Exhibit " "
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IWUTAL SftT.L!l.HENT MM.tlHMT.
THIS AGREEMEN'l', made this 2/1-_ day of Dec~ho....
1994 by and between Debra S. Stouffer ("Wife") of Cumberland
County, Pennsylvania and Jeffrey L. Stouffer ("Husband") of Dauphin
County, pennsyl v6.nia.
WITNESSETH:
WHEREAS, the parties are Wife and Husband, married on December
29, 1979; and
WHEREAS, Wife and Husband are the Plaintiff and the Defendant
respectively in a divorce action filed in the Cumberland County
Court of Common Pleas at No. 94-4858; and
WHEREAS, three children were born of the marriage: Melanie A.
Stouffer (OOB: 6/5/80), Amy L. Stouffer (DOB: 2/26/82), and Jeffrey
L. Stouffer (OOB: 8/13/84); and
WHEREAS, unhappy differences and difficulties have arisen
between the parties, in consequence of which the parties intend to
live separate and apart for the rest of their natural lives; and
WHEREAS, the parties desire to settle fully and finally their
respective financial and property rights and obligations as between
each other, including but not limited to: the ownership and
equitable distribution of real and personal property; past, present
and future support, alimony and/or maintenance; child support and
cllntody; and any and .\11 claim,; which eitt",r party has, or may
h.,VC, iI<Jain,;t th,.. nth..! or. Ih" (Jt ll.;'!' ',; e,;t..~t,..,
EXHIBIT
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NOW, THEREFORE, in consideration of the mutual promises,
covenants and undertakings hereinafter set forth and for other good
and valuable consideration, receipt of which the parties acknow-
ledge, Wife and Husband, each intending to be legally bound, hereby
covenant and agree as follows:
1. SEPARATION - Each party shall have the right to live
separate and apart from the other party, free from the other
party's interference, authority and control. Neither party shall
harass the other or attempt to harass the other, nor compel the
parties' cohabitation.
2. WIFE'S AND HUSBAND'S DEBTS - Except as otherwise set
forth in this Agreement, the parties represent and warrant to each
other that they have not incurred and will not contract or incur
any debt or liability for which the other or the other's estate
might be responsible. Each party shall indemnify and save harmless
the other party from any and all claims or demands made against the
other by reason of debts or obligations incurred by that party.
3. JOINT DEBTS - The parties acknowledge that they havo no
debts which were jointly incurred during their marriage with the
exception of the following:
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Account
Balance DUll
GE Capital Mortgage
New Cumberland Credit Union
Mellon Bank
$93,000
6,000
12,700
The parties acknowledge that neither party has been residing
the marital residence located at 131 15th street, New Cumberland,
Pennsylvania.
The property is subject a contract of sale,
settlement of which will occur on or about December 5, 1994. The
Capital Mortgage will be satisfied at that settlement. The parties
further acknowledge that no proceeds will be paid over to either
party as a result of this sale.
The other debts are subject to the bankruptcy petition which
Wife filed to the U.S. Bankruptcy Court at #94-00634RJW. Any debts
or obligatbns incurred by either party in his/her individual name,
whether incurred before or after separation, are the sole responsi-
bility of the party in whose name the debt or obligation was
incurred.
4. DIVISION OF PERSON~PROPERTY - The parties have divided
their personal property prior to executing this agreement. The
parties waive and relinquish any and all claims which they may
have, if any, to all items of personal property currently in the
possession of the other party.
5. IfOT.9R_Vll.l:!lgI,.EII - Wife shall retain sole and exclusive
ownership of the 1 <Jll(, Iluick Century titled in Wife's name.
.
6. LIFE INSURANCB POLICIES - The parties acknowledge that
neither p~rty has acquired any life insurance policies with a cash
or surrender value.
7. DIVISION OF BANK ACCOUNTS. INDIVIDUAL RETIREMENT ACCOUN~
AND CERTIFICATBS OF DEPOSIT -
The parties acknowledge that they have not acquired during the
marriage any individual retirement accounts or certificates of
deposit. Neither party shall make any claim to the checking or
savings accounts established by the other.
8.
PENSION
Husband recently elected to take early
retirement in the civil service Retirement System and has received
a lump sum check in the amount of $22,503.97 in full and final
payment of all retirement benefits to which Husband is entitled.
Husband agrees that, within two (2) days of his receipt of the
check, he shall accompany Wife to hi6 bank at which time Husband
shall negotiate the check and deliver to wife fifty percent (50%)
of the check amount. Upon her receipt of her fifty percent (50%)
share of Husband's retirement check, Wife waives and relinquishes
all additional claims, rights and interest, if any, to any
additional retirement benefits, if any, to which Husband may be
entitled.
9. ~Jl~L EBT~1'1! - See paragraph 3 above.
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10. INCOME TAX LIADILITY/RtlFJlIm - During the marriage,
Husband and Wife have filed joint federal, state and local tax
returns. The parties agree to share, on a pro-reota basis according
to each parties' income, any tax liabilities, including payment of
interest and penalties, arising out of the filing of any joint
returns during the marriage.
11. STOCKS. SECURITIES AND OTHER INTANGIBLE ASSETS - The
parties acknowledge that they have not acquired any stocks or
similar assets during the marriage.
12. ~R-ACOUIRE~PROPERTY - Each of the parties shall own
and enjoy, independently of any claims or rights of the other, all
real property and all items of personal property, tangible or
intangible hereafter acquired, with full power to dispose of the
same as fully and effectively as though he or she were unmarried.
Any property so acquired shall be owned solely by that party and
the other party shall have no claim to that property.
13. SPOUSAL SUPPORT AND ALIMONY - Each party expressly
waives any and all claims to support, alimony pendente lite and
alimony.
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14. r.lJU,L.lLJlUBTODY Wife shall continue to have primary
custody of their children. Husband shall have partial custody at
such times and under such circumstances as the parties agree.
15. COUNSEL FEES AND EXPENSES - Neither party shall make any
demand on the other for payment of legal fees and expenses.
16. TAX CONSE~UENCES OF PROPERTY TRANSFER - The parties have
negotiated this Agreement with the understanding that the property
transfers described in this Agreement fall within the provisions of
section 1041 of the Internal Revenue Code, and as such will not
result in the recognition of any gain or loss upon the transfer by
the transferor.
17. ADVICE OF COUNSllL - Wife's counsel has explained to Wife
the provisions of this Agreement and their legal effect. Having
been advised of his right to independent legal advice from counsel
of his selection, Husband has chosen to execute the agreement
without its review by counsel on his behalf.
Each party confirms that he/she understands fully the terms,
conditions, and provisions of this Agreement and believes them to
be fair, just, adequate and reasonable under the existing circum-
stances. The parties further confirm that each is entering into
this Agreement freely and voluntarily and that the execution of
this Agreement is not thn result of any duress, undue influence,
collunion, or improper or illegol agreement.
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18. IfAIVEB OF RIGHTS AND MUTUAL REI&Am - Except as prov ided
in this Agreement, both parties absolutely and unconditionally
release and forever discharge each other and their heirs, execu-
tors, administrators, assigns, property and estate from any and all
rights, claims demands or obligations arising out of or by virtue
of the marital relationship, whether such claims exist now or arise
in the future. This release shall be effective regardless of
whether such claims arise out of former or future acts, contracts,
engagements or liabilities of the parties or by way of dower,
curtesy, widow's rights, family exemption or similar allowance, 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 rights of a surviving spouse to
participate in a deceased spouse's estate, whether arising under
the laws of Pennsylvania, any state, commonwealth or territory of
the United states, or other country.
Except for any cause of action for divorce which either party
may have or claim to have, and except for the obligations of the
parties contained in this Agreement, each party gives to the other
an absolute and unconditional release and discharge from all causes
of action, claims, rights or demands whatsoever, in law or in
equity, which either party ever had or now has against the other,
including but not limited to alimony, alimony pendente lite,
equitablo distribution of marital property, counsel fees or
cxpnnSC5.
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19. IllI~T or DIYORCE DECREE ON AOREEKENT - Either party may
enforce this Agreement as provided in section 3l05(a) of the
Divorce Code, A~ amended.
~s provided in section 3105(c), provisions of this Agreement
regarding equitable distribution, alimony, alimony pendente lite,
counsel fees or expenses shall not be subject to modification by
the court.
20. DATE OF EXECUTION - The "date of execution" or "execution
date" of this Agreemont is the date upon which it is signed by the
parties if they sign the Agreement on the same date. Otherwise,
the "date of execution" or "execution date" shall be the date on
which the last party signed this Agreement.
21. HEADINGS NOT PART OF AGREEMENT - The descriptive headings
preceding the paragraphs are for convenience and shall not affect
the meaning, construction or effect of this Agreement.
22. SEVERABILITY AND INDEPENDENT AND SEPARATE COVENANTS -
Each separate obligation shall be deemed to be a separate and
independent covenant and agreement. 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 Agrec-
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ment and in all other respects this Agreement shall be valid and
continue in full force, effect and operation.
~3. ADDITIONAL INSTRUMENTS - Within ten (10) days after a
request to do so, the parties shall execute, acknowledge and
deliver to the other party any and all instruments, assignments,
releases, satisfactions, deeds, notes or other writings which may
be necessary to give full force and effect to this Agreement.
24. AGREEMENT BINDING ON HEIM - This Agreement shall be
binding on and shall enure to the benefit of the parties and their
respective heirs, executors, administrators, successors and
assigns.
25. INTEGRATION - This Agreement constitutes the entire
understanding of the parties and supersedes any and all prior
agreements and negotiations between them. There are no representa-
tions, warranties, covenants or promises other than those expressly
set forth in this Agreement.
26. MOD'tFICATION OR WAIVER TO BE IN WRITINg - No modif ication
or waiver of any term of this Agreement shall be valid unless in
writing and signed by both parties.
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THPaA ......IITT MALa
COUN.LOR AT LAW
10 IOUTH MAIne.., IOUA".
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Thereaa Barrett Hale
Supreme Court 146439
10 South Harket Square
suite 500
Harriaburg, PA 17101
(717) 233-3220
Attorney For Plaintiff
COURT OF COHHON PLEAS OF CUHBERLAND COUNTY
DEBRA S. STOUFFER,
Plaintiff
v.
NO. 94-4858 Civil Term
JEFFREY L. STOUFFER,
Defendant
CIVIL ACTION - DIVORCE
PRABCIPB TO TRANSMIT RBCORD
1. Ground for divorce: irretrievable breakdown under section
3301(C) of the Divorce Code.
2.
De livery
filed of
Date and manner of service of the Complaint: Via Hand-
on December 5, 1994 per the acknowledgement of service
record.
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 Plaintiff: February 16,
1995; by Defendant: February 16 , 1995.
(b) (1) Date of execution of Plaintiff's Affidavit required
by section 3301(d) of the Divorce Code: N/A
(2) Date of service of Plaintiff's Affidavit upon
Defendant: N/A
4. Related claims pending: The parties executed a marital
settlement agreement on December 5, 1994, a copy of which is
attached as Exhibit "A".
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)(1)(:~.~ 0 the ~~vorce Code: N/A
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Attorney For Plaintiff
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Plaintiff does not know of any person not a party to this
proceeding who has physical custody of the children or who claims
to have custody or visitation rights with respect to the children.
7. The best interest and permanent welfare of the children
will be served by granting the relief reqlJested because Plaintiff
is the primary caretaker.
8. Each parent whose parental rights to the children have
not been terminated have been named as parties to this action.
WHEREFORB, Plaintiff requests that this Court grant her
custody of Melanie A. stouffer (OOB: 6/5/80), Amy L. Stouffer (008:
2/26/82), and Jeffrey L. stouffer (OOB: 8/13/84).
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Theresa Barrett Male, Esquire
Supreme Court #46439
10 South Market Sq.- Suite 500
Harrisburg, Pennsylvania 17101
(717) 233-3220
Attorney For Plaintiff
Date!!: -o\?1P\9L.\
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THIIIIDA IlARIIIITT MALa
CIOUIllllP OR AT LAW
tOllOUTH MAIUCaTIQUAIUl
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There.a Barrett Hal.
Supreme Court 146439
10 South Harket Square
Suite 600
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(717) 233-3220
Attorney For Plaintiff
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IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 94-4858 civil Term
DEBRA S. STOUFFER,
Plaintiff
JEFFREY L. STOUFFER,
Defendant
CIVIL ACTION - DIVORCE/CUSTODY
POBcnB
Please reinstate the complaint filed in the above-captioned
action.
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Theresa Barrett Male, Esquire
supreme Court # 46439
10 south Market Sq. - suite 500
Harrisburg, Pennsylvania 17101
(717) 233-3220
Attorney For Plaintiff
Date, October 27, 1994
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Thereaa Barrett Hale
Supreme Court 146439
10 South Harket Square
Suite 500
Harriaburg, PA 17101
(717) 233-3220
Attorney For Plaintiff
DEBRA s. STOUFFER,
Plaintiff
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 94-4858 civil Term
v.
JEFFREY L. STOUFFER,
Defendant
CIVIL ACTION - DIVORCE
ACKNOWL~DGBMBNT OF SIRVIC!
I, Jeffrey L. Stouffer, the defendant in the above-referenced
divorce action, acknowledge that I received a certified copy of the
Complaint In Divorce endorsed by a certified copy of the order
scheduling a conciliation conference for January 20, 1995 at 2:00
p.m. on 1}<'.o("C'""yJb,o,.- S'- , 1994.
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Jeff~ey~. Stouffe
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THallSA BARRIITT MALlE
COUNHLO"ATLAW
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MARITAL SITTLIMINT AORIIMINT
THIS AGRIIHINT, made this ,5r~ day of
~M"
1994 by and between Debra S. stouffer ("Wife") of Cumberland
county, Pennsylvania and Jeffrey L. stouffer ("Husband") of Dauphin
County, Pennsylvania.
WITNESSETH:
WHEREAS, the parties are Wife and Husband, married on December
29, 1979; and
WHIREAS, Wife and Husband are the Plaintiff and the Defendant
respectively in a divorce action filed in the Cumberland county
Court of Common Pleas at No. 94-4858; and
WHIREAS, three children were born of the marriage: Melanip. A.
stouffer (DOB: 6/5/80), Amy L. Stouffer (DOB: 2/26/82), and Jeffrey
L. stouffer (DOB: 8/13/84); and
WHEREAS, unhappy differences and difficulties have arisen
between the parties, in consequence of which the parties intend to
live separate and apart for the rest of their natural lives; and
WHEREAS, the parties desire to settle fully and finally their
respective financial and property rights and obligations as between
each other, including but not limited to:
the ownership and
equitable distribution of real and personal property; past, present
and future support, alimony and/or maintenance; child support and
custody; and any and all claims which either party has, or may
have, against the other or the other's estate.
I
PLAINTIFF'S
EXHIBrT
A
.
'. .
IIOW, TRIRlroRI, in consideration of the mutual promises,
covenants and undertakings hereinafter set forth and for other good
and valuable consideration, receipt of which the parties acknow-
ledge, Wife and Husband, each intending to be legally bound, hereby
covenant and agree as follows:
1. I.IPARATIOtl - Each party shall have the right to live
separate and apart from the other party, free from the other
party's interference, authority and control. Neither party shall
harass the other or attempt to harass the other, nor compel the
parties' cohabitation.
2. WIrE' S AND HUSBAND' S DEBTS - Except as otherwise set
forth in this Agreement, the parties represent and warrant to each
other that they have not incurred and will not contract or incur
any debt or liability for which the other or the other's estate
might be responsible. Each party shall indemnify and save harmless
the other party from any and all claims or demands made against the
other by reason of debts or obligations incurred by that party.
3. JOINT DEB'll - The parties acknowledge that they have no
debts which were jointly incurred during their marriage with the
exception of the following:
2
Account
Balance Due
GE Capital Mortgage
New Cumberland Credit Union
Mellon Bank
$93/000
6,000
12,700
The parties acknowledge that neither party has been residing
the marital residence located at 131 15th str.eet, New cumberland,
Pennsylvania.
The property is subject a contract of sale,
settlement of which will occur on or about December 5, 1994. The
Capital Mortgage will be satisfied at that settlement. The parties
further acknowledge that no proceeds will be paid over to either
party as a result of this sale.
The other debts are subject to the bankruptcy petition which
Wife filed to the U.S. Bankruptcy Court at #94-00634RJW. Any debts
or obligations incurred by either party in his/her individual name,
whether incurred before or after separation, are the sole responsi-
bility of the party in whose name the debt or obligation was
incurred.
4. DIVISION OJ' PBRSONAIL PROPERTY - The parties have divided
their personal property prior to executing this agreement. The
parties waive and relinquish any and all claims which they may
have, if any, to all items of personal property currently in the
possession of the other party.
5. MOTOR VEHICLBS - wife shall retain sole and exclusive
ownership of the 1986 Buick Century titled in wife's name.
3
to LIrl INSURANCI POLICIIS - The parties acknowledge that
neither party has acquired any life insuranoe pOlicies with a cash
or surrender value.
7. DIVISION or BANK ACCOUM'l'S. INDIVIDUAL RITIR.MINT ACCOUNTS
AND CERTIrICATIS or DEPOSIT -
The parties acknowledge that they have not acquired during the
marriage al1Y individual retirement accounts or certificates of
deposit. Neither party shall make any claim to the checking or
savings accounts established by the other.
8.
PENSION
Husband recently elected to take early
retirement in the civil Service Retirement system and has received
a lump sum check in the amount of $22,503.97 in full and final
payment of all retirement benefits to which Husband is entitled.
Husband agrees that, within two (2) days of his receipt of the
check, he shall accompany Wife to his bank at which time Husband
shall negotiate the check and deliver to Wife fifty percent (50%)
of the check amount. Upon her receipt of her fifty percent (50%)
share of Husband's retirement check, Wife waives and relinquishes
all additional claims, rights and interest, if any, to any
additional retirement benefits, .if any, to which H'Jsband may be
entitled.
9. REAL ESTATE - See paragraph 3 above,
4
10. INCO"II TAX LIABILITY/RIlrUND - During the marriage,
Husband and Wife have filed joint federal, state and local tax
returns. The parties agree to share, on a pro-rata basis according
to each parties' income, any tax liabilities, including payment of
interest and penalties, arising out of the filing of any joint
returns during the marriage.
11. STOCKS. SBCURITIES AND OTHBR INTANGIBLII ASSIITS - The
parties acknowledge that they have not acquired any stocks or
similar assets during the marriage.
12. AFTBR-ACOUIRED PROPBRTY - Each of the parties shall own
and enjoy, independently of any claims or rights of the other, all
real property and all items of personal property, tangible or
intangible hereafter acquired, with full power to dispose of the
same as fully and effectively as though he or she were unmarried.
Any property so acquired shall be owned solely by that party and
the other party shall have no claim to that property.
13. SPOUSAL SUPPORT AND ALIMONY - Each party expressly
waives any and all claims to support, alimony pendente lite and
alimony.
5
14. CHILD CUSTODY - Wife shall continue to have primary
custody of their children. Husband shall have partial custody at
such times and under such circumstances as the parties agree.
15. COUNSEL FEES AND ~XPENSES - Neither party shall make any
demand on the other for payment of legal fees and expenses.
16. TAX CONSEQUENCES OF PROPERTY TRANSFJm - The parties have
negotiated this Agreement with the understanding that the property
transfers described in this Agreement fall within the provisions of
section 1041 of the Internal Revenue Code, and as such will not
result in the recognition of any gain or loss upon the transfer by
the transferor.
17. ADVICI!l OF COUNSBL - Wife I s counsel has explained to Wife
the provisions of this Agreement and their legal effect. Having
been advised of his right to independent legal advice from counsel
of his selection, Husband has chosen to execute the agreement
without its review by counsel on his behalf.
Each party confirms that he/she understands fully the terms,
conditions, and provisions of this Agreement and believes them to
be fair, just, adequate and reasonable under the existing circum-
stances. The parties further confirm that each is entering into
this Agreement freely and voluntarily and that the execution of
this Agreement is not the result of any duress, undue influence,
collusion, or improper or illp.gal agreement.
6
18. WAIVIlR or RIGHTS MID MUTUAL RIlLIlASIlS - Except as provided
in this Agreement, both parties absolutely and unconditionally
release and forever discharge each other and their heirs, execu-
tors, administrators, assigns, property and estate from any and all
rights, claims demands or obligations arising out of or by virtue
of the marital relationship, whether such claims exist now or arise
in the future. This release shall be effective regardless of
whether such claims arise out of former or future acts, contracts,
engagements or liabilities of the parties or by way of dower,
curtesy, widow's rights, family exemption or similar allowance, 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
~estamentary, or all other rights of a surviving spouse to
participate in a deceased spouse's estate, whether arising under
the laws of Pennsylvania, any state, commonwealth or territory of
the United states, or other country.
Except for any cause of action for divorce which either party
may have or claim to have, and except for the obligations of the
parties contained in this Agreement, each p~rty gives to the other
an absolute and unconditional release and discharge from all causes
of action, claims, rights or demands whatsoever, in law or in
equity, which either party ever had or now has against the other,
inclUding but not limited to alimony, alimony pendente lite,
equitable distribution of marital property, counsel fees or
expenses.
7
1.. ....CT O. DIVORC. D.CR.. ON AOR..M.NT - Either party may
enforce this Agreement as prov ided in section 3105 (a) of the
Divorce Code, ~ amended.
As provided in section 3105(C), provisions of this Agreement
regarding equitable distribution, alimony, alimony pendente lite,
counsel fees or expenses shall n2t be subject to modification by
the court.
20. DAT. O. EXECUTION - The "date of execution" or "execution
date" of this Agreement is the date upon which it is signed by the
parties if they sign the Agreement on the same date. Otherwise,
the "date of execution" or "execution date" shall be the date on
which the last party signed this Agreement.
n. HEADINGS NOT PART OJ' AGREEMENT - The descriptive headings
preceding the paragraphs are for convenience and shall not affect
the meaning, construction or effect of this Agreement.
22. SEVERABILITY AND INDEPENDENT AND SEPARATE COVENANTS -
Each separate obligation shall be deemed to be a separate and
independent covenant and agreement. 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 Agree-
B
ment and in all other respects this Agreement shall be valid and
continue in full force, effect and operation.
23. ADDITIONAL INSTRUMBNTS - Within ten (10) days after a
request to do so, the parties shall execute, acknowledge and
deliver to the other party any and all instruments, assignments,
releases, satisfactions, deeds, notes or other writings which may
be necessary to give full force and effect to this Agreement.
24. AGRBBMENT BINDING ON HEIRS - This Agreement shall be
binding on and shall enure to the benefit of the parties and their
respective heirs, executors, administrators, successors and
assigns.
25. l:NTBGRATION - This Agreement constitutes the entire
understanding of the parties and supersedes any and all prior
agreements and negotiations between them. There are no representa-
tions, warranties, covenants or promises other than those expressly
set forth in this Agreement.
26. MODIFICATION OR WAIVER TO BE IN WRITING - No modi! ication
or waiver of any term of this Agreement shall be valid unless in
writing and signed by both parties.
9
27. 110 WAIVIR 01' DII'AULT - The fal.lure of either party to
insist upon strict performance of any term of this Agreement shall
in no way affect the right of such party hereafter to enforce the
term.
28. VOLUKTARY IXICUTION - The parties acknowledge that this
Agreement is fair and equitable, and that they have reached this
Agreement freely and voluntarily, without any duress, undue
influence, collusion or improper or illegal agreements.
2'. APPLICABLI LAW - This Agreement shall be construed under
the laws of the Commonwealth of Pennsylvania and more specifically
under the Divorce Code of 1980, ~ amended, February 12, 1988.
30. ATTORNIYS' I'IIS rOR INI'ORCBMBKT If either party
breaches any provision of this Agreement, the breaching party shall
pay all legal fees and costs incurred by the other in enforcing
this Agreement, providing that the enforcing party is successful in
establishing that a breach has occurred.
10