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Home My WebLink About94-06739 ~ (!) . -P 1 <.!> ~ ~ J 0- I ('() I r- ~ I . D Z' I . 4. The consideration for this contract and agreement is the mutual benefit to be obtained by both of the parties hereto and the covenants and agreements of each of the parties to the other. The adequacy of the consideration for all agreements herein contained is stipulated, confessed. and admitted by the parties, and the parties intend to be legally bound hereby. Each party to the Agreement acknowledges and declares that he or she, respectively: (1) is represented by counsel of his or her own choosing. or has had ample opportunity to seek counsel and chooses not to do so; (2) is fully and completely informed of the facts relating to the subject matter of this Agreement and of the rights and liabilities of the parties; (3) enters into this Agreement voluntarily after receiving the advice of counselor having opportunity to receive advice of counsel; (4) has given careful and mature thought to the making of this Agreement; (5) has carefully read each provision of this Agreement; and (6) fully and completely understands each provision of this Agreement, both as to the subject matter and legal effect. This Agreement shall become effective immediately as of the date of execution. 5. It is the purpose and intent of this Agreement to settle forever and completely the interest and obligations of the parties in all property that they own separately, and all property that would quality as marital property under the Pennsylvania Divorce Code, Title 23. Section 3501, and that i, referred to in this Agreement as "Marital Property", as between themselves, their heirs and 3 8. PERSONAL PROPERTY: The parties agree that the personal property and furniture have been divided to the parties' mutual satisfactioll. Subsequent to said equitable distribution of the personal property, the WIFE hereby waives all right and title which she may have in any personal property of the HUSBAND. HUSBAND likewise waives any interest which he has in the personll1 property of the WIFE. Thereafter, each of the parties shall own, have and enjoy independently of any claim or right of the other party, all items of personal property of every kind, nature and description and wherever situated, which are then owned or held by or which may hereafter belong to the HUSBAND or WIFE 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. Each party agrees that neither will incur obligations, liens or Iiahilities on account of the other and that from the date of this Agreement, neither party shall contract or incur oblillations, liens or any liability whatsoever on account of the other. 9. REAL ESTATE: Within thirty (30) days from the date of execution of this agreement, HUSBAND shall refinance the current mortgage on the marital property known and numbered as 143 Booz Road, Shippensburg, Pennsylvania, removing WIFE'S name from the mortgage, and shall pay the sum of Twenty-One Thousand and no/IOO ($21,000.00) Dollars to WIFE. WIFE agrees to remove her name from the deed to said property, and transfer all right, title and interest she may have in said property. Until said refinance and payment to WIFE of Twenty-One Thousand and no/l00 ($21,000.00) Dollars occurs, HUSBAND shall be responsible for payment of the mortgage, taxes, utilities and all costs incident to the use of the marital residence. WIFE shall contribute Sixty- 5 16. AJWITIONAL 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 reasonably required to give full force and effect to the provisions of this Agreement. 17. VOLU~TARY EXECUTION: The provisions of this Agreement and their legal effect have been fully explained to the parties by their respective counsel, and each party acknowledges that the Agreement is fair and equitable, and that it is being entered into voluntarily, and that it is not the result of any duress or undue influence. The provisions of this Agreement are fully understood by both parties and each party acknowledges that the Agreement is fair and equitable, that it is being entered into voluntarily, and that it is not the result of any duress or undue influence. 18. ENTIRE AGREEMENT: This Agreement contains the entire understanding of the parties and there are no representations, warranties, covenants or undertakings other than those expressly set forth herein. 19. APPLICABLE LAW: This Agreement shall be construed under the Laws of the Commonwealth of Pennsylvania. 8 20. PRIOR AGREEMENTS: It is understood and agreed that any and all property settlement agreements which mayor have been executed prior to the date and time of this Agreement are null and void and of no effect. 21. PAYMENT OF INCOME TAXES AND DEPENDENT TAX EXEMPTION: The will file joint Income tax returns for the tax year ending December 31, 1994 and will subsequently file separately for the year ending December 31, 1995. For the all tax years after December 31, 1995, the parties shall file income tax returns separately. 22. WAIVER OF CLAIMS AGAINST ESTATES: 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 may 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, 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 of the other's estate, and each will, ntthe request of the other, execute, acknowledge and deliver any and all instruments which may be necessary or advisable to carry into effect this mutual waiver and relinquishment of all such interests, rights and claims. o IN WITNESS WHEREOF, the parties hereunto have set their hands and seals the day and year first above written. "TNESSES: C ~ ' C://;A;,C'L u/~~L /xJ\)JOv....R /;0 dit'LLf2-(SEAL) BARBARA W. GROUP 3~ ) '~SEAL) GENE GROUP 10 - . p'!" ~ \, f# !' ~ SEP 15 I 17 PH '95 I ii.![.' Of rICE Of 1!![; ,',' l"ON~TMY ~,U~~[;C':. ",~jii 1',';. 'or .~ j' '" f,', ~. :. '; ,\!-," /', ,. ,.-._~--~~~~-_._-"--~'-~'.. 1 , . > r' .., . . ,. q , L I " r, ., . j.,. r .. i '" , .; "~ t t", ~:' . , I f," ~ < :"": --....-. ,. ~ ~ ..,.,.. ~iJ <r> .- \ ~ ~ ... ~ lo,J ~ :,) e- o "J ~ '" '" \n'l,)- '''::> .:"~J -.g ~ ~ .' ....... ,- - :.::.? ~ ~ ~ In \'-- o ~ ri ~ :!f-:- ~~ OH Ul~ rJ~ fIl ~ Z 0-1>< - U ~ ~ i P<Ul P<: z6a '" 0 Wl !_~ I O~ ~ .... ~ :> c.. ~ .' III u H e:i ~~~ ~P< ... P<: .... III 14 '" 0 'rl '0 Z... Z_ o . '" :> '" ~ z ~<r..?~t:~ U>< ri ~ . .Q) Eo< H 'rl :- P<.... H Wl !'l:::; . C ~ I ~~ 14 . III OQ) Eo< ..dj:.oll;1.:J~ I 0-1 ~ P<ri 014 Z t.:l"~;;'''C 0 H H OP< P<: H [;] ~ ~ 5! " f Eo<U :> 0 Cl ::i ~ ~ ,,~~ P<: H P<: <:.'l~~'" 014 U Cl . P< ~~ ;3: ~ ~ - e: I . 0 CI: = c.:I ~ U < '" tIlc.:l >< ~ Eo<~ i><: ~ . 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