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SEPARATION AND PROPERTY SETI'LEMENT AGREEMENT
THIS AGREEMENT madc Ihis Jtl!!!.. day of _...YJ.' '!J-, 1994, by and betwecn LINDA
B. HASCO. 917 Alison AVt~nllc. Mechanicsburg. Cumbcrland County, Pcnnsylvania 17055,
party of thc first part, hereinafter referred 10 as "Wife" and ANDREW W. HASCO, 25 Blue
Rock Road, Newville, Cumberland County, Pennsylvania 17241, party of the second part,
hereinafter referred to as "Husband."
WITNESSETH:
WHEREAS. Husband and wife were married on September 14. 1974, in Shiremanstown,
Pennsylvania;
WHEREAS, there is one child of this marriage, Michael A. Hasco, born Augusl15, 1975;
WHEREAS, Husband and Wife are residents of the Commonwealth of Pennsylvania and
have been so for at leastlhe past six months;
WHEREAS, certain differences have arisen between Ihe parties herelo and as a
consequence, they have lived separate and apart since Oclober 23, 1994;
WHEREAS, Husband and Wife desire 10 settle and detennine certain oflheir marital
righls and obligations, and make an equilable distribution of their marital property, delennine
Iheir rights to alimony, support and other matters which may be considered under the Divorce
Code; and
WHEREAS, it is the intention and purpose of this Agreement to set forth the respective
rights and duties of the parties while they continue to live apart from each other and to settle all
financial and property rights between them; and:
WHEREAS, Ihe parties hereto have mutually entered inlo an agreement for the division
oflheir jointly owned assets. the provisions for the liabilities they owe. and provisions for the
resolution of their mutual dil1crences, after both have hnd full and ample opportunity to consult
with attorneys of their respective choice, the parties now wish 10 have that agreement reduced to
writing.
NOW THEREFORE, the parties hereto in consideration oflhe mutually made and to be
kept promises sel forth hereina1\er and lor other good and valuable consideration, and intending
10 be legally bound and to legally bind their heirs. successors. assigns, and personal
represenlalives, do hereby covenant, promise and agree as follows:
ARTICLE I
SEPARAl'ION
1.1
It shall be lawful for Husband and Wife at all times hereafter to live separate and apart
from each other and to reside from time to time at such place or places as they shall respectively
deem fit, free from any control, restraint. or interference, direct or indirect, by each other.
Neither party shall molest the other or compel the other to cohabit or dwell with him or her by
any legal or other proceedings. The foregoing provisions shall not be laken 10 be an admission
on the part of either Husband or Wife of the lawfulness of the causes leading to them living
separate and apart.
ARTICLE II
DIVORCE
2.1
This Agrcement is not predicated on divorce. It is specifically understood and agreed by
and bel ween the parties hereto and each of the said parties does hereby warrant and represent to
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the other that Ihe execution and delivery of this Agreement is not predicated upon nor made
subject 10 any agreement for instilution. prosecution, dcfcnse, or for the non-prosecution or
non-defense of any action for divorce; provided. however, that nothing contained in this
Agreement shall prevent or preclude either of the parties hereto from commencing, instituting or
proseculing any action or actions lor dIvorce. whether absolute or otherwise, upon just, legal and
proper ground; nor to prevenl either party from defending any such action which has been, may
or shall be instituted by the other party, or from making any just or proper defense thereto. It is
warranted, covenanted. and represenled by Husband and Wife, each to the other, thai this
Agreement is lawful and enforccable and this warranty, covcnant and representation is made for
the specific purpose of inducing Husband and Wife to execule the Agreement. Husband and
Wife each knowingly and understandingly hereby waive any and all possible claims that this
Agreement is. for any reason, illegal, or unenforceable in whole or in part. Husband and Wife do
each hereby warmnt. covenant and agree that, in any possible event, he and she are and shall
forever be estopped from asserting any illegality or unenforceability as to all or any part ofthis
Agreement.
The parties acknowledge Ihat a Divorce aclion has been filed in the Court of Common
Pleas of Cumberland Counly at 94-6571 Civil Tenn. The parties agree that they each shall
execute Affidavits of Consent at the time oflhe signing of this AblJ'eement.
2.2
It is further specifically understood and agreed Ihat the provisions of this AblJ'eement
relating to the equitable distribution of property of the parties arc accepted by each party as a
final settlement for all purposes whatsoever. Should either oflhe parties obtain a decree,
judgmenl or order of separation or divorce in any other state, country, or jurisdiction, each of the
parties to this Agreement hereby consents and agrees that this Agreement and all its covenants
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shall not be affected in any way by any such separBtion and divorce; and thai nothing in any such
decree, judgment. order or further modifiClltion or revision Ihereof shall alter, amend or vary any
term oflhis Agreement, whcther or not cithcr or both of the parties should remarry, it being
undcrstood by and between the pal1ies thai this Agreement shall survivc and shall not be merged
into any decree. judgmcnt or order of divorce or scparation.
2.3
It is specifically agrccd that a copy of this Agrecment may be incorporatcd by rcfercnce
into any divorce. judgment or decrce if or whcncvcr sought by eilher ofthc partics hcreto. Such
incorporalion, howcvcr, shall not bc regardcd as a merger, it bcing thc intenl oflhe parties to
permit this Agreement to survive any such judgment or decree.
ARTICLE III
EOUlTABLE DISTRIBUTION OF MARITAL PROPERTY
3.1
The parties have attempted to divide their marital property in a manner which conforms
to the crileria set forth in Section 40 I ofthe Pennsylvania Divorce Code, and taking into account
the following considerations: the lenb'lh of the marriage; the prior marriages of the parties; the
age. health, stalion, amount nnd sources of income, vocalional skills. employabililY; esmte,
liabilities, and nccds for each ofthc parties; the contribution of one party to education, training
or increased earning power to the othcr party; the opportunity of each party for future acquisition
ofcapiml assets and incomc; thc sources of income ofbolh parties, including but not limited to
medical, retiremenl, insurance or olher benelits; the contribution or dissipation of each party in
Ihe acquisition, preservation, depreciation, or apprcciation of marital property, including the
contribution ofa party as a homemakcr; the value of the property set apart to each party; the
standard of living of thc partics established during thcir marriagc; thc cconomic circumstances of
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each party. including federal. state and local tax ramifications. 01 the time oflhe division of the
property is to become elTeclive.
3.2
The division of existing marital property jq not intended by the parties to constilute in any
way a sale or exchange of assets. The division of property under this Agreement shall be in full
satisfaction ofall rights of equitable distribution oflbe rarties.
3.3
Personal Property. The parties acknowledge that they have divided their personal
property to their mutunl satisfaction.
3.4
Automobiles. Husband agrees to transfer any and all legal and equitable interest in Ihe
1987 Honda automobile to Wife. Wife ab'J'ees to transfer any and all legal and equilable interest
in the 1989 GMC truck to Husband. The rarties agree to transfer all right, title and interest in
the 1987 Buick automobile to their son, Michael A. Hasco.
3.S
Life Insurance. Husband and Wife agree 10 waive all right, title and interest in each
olher's respective life insurance policies.
3.6
CemeterY Lots. Husband agrees to transfer 10 Wife all right, title and interest in the
cemetery lots owned by the parties at Cumberland Valley Memorial Gardens.
3.7
PNC Bank Account. The ralties acknowledge that they are joint owners of a checking
account and two savings accounts with PNC. N. A. The parties agree to equally divide the
balance of said account at the time of the closing of the sale of the marital home.
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ARTlCI.E IV
R.:AI. .:STAn:
4.1
It is agreed that the moritlll home located ot917 Alison Avenue, Mechonicsburg.
Cumberland County, Pennsylvania sholl be sold. Wife sholl receive 011 of the net proceeds from
said sole with the exception of the sum of Onc Ihousand and no/I OOths Dollars ($ 1,000.00)
which sholl be paid to Husband at the execution oflhis Agrecment.
The parties agrce Ihat Wifc sholl bc solely responsible for the tax ramifications resulting
from any capitol gains rcalizcd by the sole ofthc marital homc..
ARTICLE V
RETIREMENT INTERESTS AND BENEFITS
Husband has an interest in 0 pension plan and 0 savings and thrift plan with his employer,
AMP Corporation.
Wife hereby waives any and .111 right, title and interest to all the existing and future
retirement benelils and savings and Ihrill assets os set forth above.
Husband hereby waives any and 011 right, title and interest to all the existing and future
retirement benelils and/or savings and thrift assels owncd by Wife.
ARTICLE VI
DEBTS OF TilE PARTIES
6.1
Wife will agree to return jointly issued credit cords hcld by hcr and will cense to obligale
Husband for any cost or charges onjoint accounts os of thai date.
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Husband and wife will remove each other from any joint accounts which include
checking, saving, and retirement accounts. and each releases the other from any obligations or
claims on said accounts.
The parties acknowledge Ihat Husband has obtained a pcrsonalloan. Said loan is secured
by Husband's Ihrift and savings plan. Husband agrees to be soley responsible for said personal
loan and shall indemnify and hold Wife hannless for any claims resulting Iherefrom.
ARTICLE VII
ALIMONY AND SUPPORT
Husband agrees to pay unto Wife the sum of One hundred and no/lOOths ($100.00) per
week during Ihe month of July 1995 as spousal support.
With Ihe exception of the aforemenlioned support obligation, Ihe parties hereby agree
that in the event of a divorce, each hercby waivcs any and all righlto receive payments on
account of spousal support, maintenance, alimony pendentc lite, alimony, counsel fees or costs
or any olher payments ofn similar nature to which he or she, in the absence of this Agreement,
might be entilled by statute, including rights arising pursuant to Ihe Divorce Code of 1980, as
amended, or any similar laws of any jurisdiction which may be applicable now or at any future
limc.
ARTICLE VIII
MISCELl,ANEOUS PROVISIONS
8.1
Advice of Co lInse I. Thc provisions of this Agrcemcnt and Iheir Icgal effect are fully
understood by the parties. Thc parties understand their legal rights and obligations.
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Wifc has bccn rcprcscntcd in this mattcr by hcr Attorncy, Jcnnifcr L. Lehman, Esquirc, of
Harrisburg. Pcnnsylvania.
Husband has bccn rcprescntcd in this mattcr by his Attorncy. Keith B. DcArmond.
Esquire, of Camp Hill, Pennsylvania.
The parties acknowlcdgc and acccpt that this Agrccmcnt is, in Ihc eircumslances, fair and
cquilable, Ihat it is bcing entcrcd inlo frccly and volunlarily, nllcr having rcceivcd such advice
and with such knowlcdgc Ihat cxccution of this Agrccmcnt is not thc rcsult of any durcss or
unduc influence and that it is not thc result of any collusion or improper or illcgal agreement or
agreements.
8.2
Counsel Fees. Husband and Wife agrec to cach be responsible for Iheir respective
attorney fees.
8,3
Mutual Release. Husband and Wife each do hereby mutually remise, release, quitclaim
and forever discharge the other and the eslllte of such other, for all times to come and for all
purposcs whatsoever, of and from any and all right, tille and interest, or claims in or against Ihe
property (including income and gain from property hereal\er accruing) oflhe other or against the
eslllle of such other. of whatever nature and wheresoever situate, which he or she now has or al
any time hereal\er may have against such other, the estate of such other, or any part Ihereof,
whether arising out of any former acts, conlracts, engagements, or liabilitics of such othcr as by
way of dower or curtesy, or claims in thc nature of dcwcr or curtcsy or widow's or widowcr's
rights, family cxcmption. or similar allowancc, or undcr thc intcstatc laws, or thc right to takc
against the spousc's cstatc, whethcr arising under the laws of (a) Pennsylvania. (b) any statc,
commonwcalth or tcrritory ofthc United States. or (c) any country, or any rights which eithcr
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party may havc or at any timc hcrcancr havc for past, prcscnt. or future support or maintenance,
alimony, alimony pendentc lite, counsel fees. costs or expenses. whether arising as a result oflhe
marital relation or otherwise, except and only except, all rights and %lfeements and obligalions
of whalsoever nalure arising or which may arise under this Agreemenl or for the breach of any
thercof. It is the inlcnlion of Husband nnd Wife to give each othcr by execution oflhis
Agrccmenl II full, complete and general release with respect 10 any nnd all property of any kind
of nature, real or personal, not mixed, which the other now owns or may hereancr acquire,
except and only except. all rights and agreements and obligations of whatsoever nalure arising or
which may arise under this Agreemenl or for the breach of any thereof.
8.4
Release of Testamentarv Claims. Except as provided for in this Agreement, each of the
parties herelo shall have the right to dispose of his or her property by Last Will and Teslnment,
or olherwise, and each of them agrees that the estate of the other, whether real, personal or
mixed, shall be and belong to the person or persons who would have become entitled hereto ns if
the decedent had been the last to die. This provision is intended 10 constilule a mutual waiver by
the parties of any rights to take against each olher's Inst Wills under Ihe present or future laws of
any jurisdiclion whatsoever and is intended to confer Ihird party beneficiary rights upon the other
heirs and beneficiaries of each other party hereto. Either party may, however, make such
provision for Ihe other ns he or she may desire in and by his or her Last Will and Teslnmenl.
Each of the parties further covenants and agrees that he or she will pennit any Will oflhe other
to be probated and allow administmtion upon his or her personal, real, or mixed estatc and
clTecls 10 bc takcn out by the person or persons who would have becn entitled to do so had
Husband or Wifc died during the Iifelime of the other and thllt neither Husband nor Wife will
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claim against or contesl the Will and the estate ofthe other. Each ofthe parties hereby releases.
relinquishes and waives any and all rights to act as executor or executrix or administrator or
administratrix of the other party's estate. Each of the parties hereto further eovenllnts and agrees
for himself and herself and his or her heirs. executors, administralors and assigns, thai he or she
will never al any lime hereafter sue the other party or his or her heirs, executors, adminislrators,
or assigns. for the purpose of enforcing any of the rights relinquished under this Paragraph.
8.5
Warranties. Each party reprcsents that they have not heretofore incurred or conlracled
for any debt or liability or obligations for which the estate of the other party may be responsible
or liable. except as may be provided for in Ihis Agreement. Each party agrees to indemnifY or
hold the other party hannless from and against any and all such debts. liabilities or obligalions of
each of them. including those for necessities, except for the obligations arising out of this
Agreement. Husband and Wife each warrant. covenants, represent and agree that each will, now
at all times hereafter, save hannless and keep the other indemnified from all debts, charges, and
liabilities incurred by the other after the execution dale oflhis Agreement, except as is otherwise
specifically provided for by Ihe tenns oflhis Agreement and thai neither of them hereafter incur
any liability whalsoever for which Ihe eslale oflhe other may be liable.
8.6
No waiver or modification of any ill' the terms of this Agreemenl shall be valid unless in
writing and signed by both parties and no waiver of any breach hereof or defaull hereunder shall
be deemed a waiver of any subsequenl defalllt of the same or similar nature.
to
8.7
Husband and Wife covenant and agrce that they will forthwith executc any and all
written instruments, assignments, releases, satisfactions, deeds. notes or such other writings as
may be necessary or desimble for the proper implementation oflhis Agreement, and as their
respective counsel shall mutually agree should be so executed in order to carry fully and
effeclively Ihe tenns of this Agreement.
8.8
This Agrcement shall be construcd in accordancc with laws ofthe Commonwcalth of
Pcnnsylvania which are in effcct as ofthc datc cxecution of this Agrcement.
8.9
This Agreement shall be binding and shall inure to the benefit of thc parties hereto and
their respective heirs, executors, administmtors, successors and assigns.
8.10
This Agreement constitutes the entire understanding ofthe parties and supersedes any
and all prior agreemcnls and negotiations bctween thcm. Therc arc no rcpresentations or
warranties other than those expressly set forth herein.
8.11
Sevembililv. Ifany tcnn, condilion, c1ausc. section, or provision oflhis Agreemcnl shall
be detennined or dcclarcd to be void or invalid in law or otherwise, thcn only that tenn.
condition, clause, or provision shall bc strickcn from this Agrccmcnt, and in all other rcspects,
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this Agreemcnt shall be valid and continue in full force, effect and operalion. Likewise, thc
failure of any party to mcet his or hcr obligation undcr any or morc oflhc articles and sections
shall in no way void or alter thc remaining obligations oflhc parties.
8.12
It is specifically undcrstood and agreed Ihalthis Agrcement constitutes an equitable
distribulion of property. both real and personal, which was legally and bcneficially acquired by
Husband and Wifc, or either of them. during thc marriage as contcmplaled by the Divorce Codc
oflhe Commonwcalth ofrcnnsylvania.
8.13
Disclosurc. The parties warrant and rcprcscnt thai they have made a full disclosure of all
assets prior to Ihe execution of this Agrccmcnt.
8.14
Enforceability and Consideration. This Agreement shall survive any action lor divorce
and decree of divorce and shall forcver be binding and conclusive on the parties, and any
independent action may be broughl, either at law or in equity, to cnforcc Ihe terms of the
Agreemcnt by either Husband or Wife unli! it shall have been fully satisfied nnd performed. The
considcration for this contracl and agrccment is the mutual bcnefits 10 be obtained by bolh of the
parties hercto and thc covcnants and agreements of cach of the parties to Ihe other. The
adcquacy ofthe considcration for allagrcements hcrcin conlaincd and stipulated. confessed and
admittcd by the partics. and thc parties intcnd to bc Icgally bound hereby. In Ihe event cithcr
party breached the aforcsaid Agrcement and it is detennincd through appropriate legal action
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ANDREW W. HASCO, : IN THE COURT OF COMMON PLEAS
plaintiff . CUMBERLAND COUNTY, PENNSYLVANIA
.
.
.
v. . NO. 94-6571
.
.
.
LINDA B. HASCO, . CIVIL ACTION - LAW
.
Defendant . IN DIVORCE
.
PRABCIPB FOR BNTRY OF APPBARANCB
TO THE PROTHONOTARY:
Pleaae enter the appearance of Jennifer L. Lehman, Esquire and
Cleckner and Fearen on behalf of Defendant, Linda B. Hasco.
Respectfully submitted,
CLBCKNBR AND FBARBN
By: ~/Jji(Jld.~
JE IFE L. LEHMAN, ESQUIRE
Supreme Court 1.0. #52784
31 North Second Street
Harrisburg, PA 17101
(717) 238-1731
Date: D..tcvrn~ <XO, I qql.{
ANDREW W, HASCO,
PLAINTIFF
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY . PENNSYLVANIA
VS,
NO. 94.6571 CIVIL TERM
LINDA B, HASCO,
DEFENDANT
CIVIL ACTION. LAW
IN DIVORCE
AFFIDA VIT OF CONSENT
1, A Complaint in Divorr.... under Section 3301(c) of the Divorce Code was filed on
Novermer 18, 1994
2, The marriage of Plaintiff and Defendant is irretrievably broken and ninety days have
elapsed from the date of filing of the Complaint,
3. I consent to the entry ofa final Decree of Divorce,
4, I understand that I may lose rights concerning alimony, division of property, lawyer's
fees or expe!15es if I do not claim them before a divorce is granted,
I veritY 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,
Date: 1. /0 C/S
Utulv.hJ /-0. )(a(;cu)
Andrew W. Hasco, Plaintiff
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