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" '. . ; ... .' .. . ~ d d hereto and each of the said partip.s does hereby warrant and represent to the other that the execution and delivery of this Agreement is not predicated upon nor made subject to any agreement for institution, prosecution, defense, 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 prosecuting any action or actions for divorce, either absolute or otherwise, upon just, legal and proper grounds; not to prevent 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 represented by Husband and Wife, each to the other, that this Agreement is lawful and enforceable and this warranty, covenant, and representation is made for the specific purpose of inducing Husband and Wife to execute the Agreement. 9usband and Wife each knowingly and understandingly hereby waive any and all possible claims that this Agreement is, for any reason, illegal, or for any reason whatsoever of public pOlicy, unenforceable in whole or in part. Husband and Wife do each hereby warrant, covenant and agree that, in any possible event, he and she are and shall forever be estopped -4- . ~, ,. '. .' .' 2.3 It is specifically agreed that a copy of this Agreement may be incorporated by reference into any divorce jUdgment or decree if or whenever sought by either of the parties hereto. Such incorporation, however, shall not be regarded as a merger, it being the intent of the parties to permit this Agreement to survive any such judgment or decree. 2.4 The parties hereby acknowledge that Husband has filed a Complaint in Divorce in Cumberland County indexed to docket number 94-6911 Civil Term, claiming that the marriage is irretrievably broken under the no-fault mutual consent provision of Section 3301(d) of the Pennsylvania Divorce Code. Wife hereby expresses her intent to execute any and all affidavits or other documents necessary for the parties to obtain an absolute divorce pursuant to Section 3301(d) of the Divorce Code at the time as he executes this Agreement. The parties hereby waive all rights to request Court-ordered counsf!ling under the Divorce Code. It is further specifically understood and agreed by the parties that the provisions of this Agreement as to equitable distribution of property of the parties are accepted by each party as a final -6- - , " . established during their marriagel the economic circumstances of each party, in~luding federal, state and local tax ramifications, at the time of the division of the property is to become effective/ and whether the parties will be serving as the custodian of any dependent minor children, 3.2 The division of existing marital property is not intended by the parties to constitute in any way a sale or exchange of assets and the division is being effected without the introduction of outside funds or other property not constituting marital property. The division of property under this Agreement shall be in full satisfaction of all rights of equitable distribution of the parties. 3.3 Personal Property. Except as noted herein, the parties acknowledge that they have divided their personal property to their mutual satisfaction. The parties further acknowledge that they have the personal property in their possession that they wish to have and neither will make any claim whatsoever against the other party for any other items of personal property in that other party's possession. Should it become -8- , d agrees to be solely responsible for payment of the mortgage and agrees to hold Wife harmless and indemnify her for payment of said debt. 3.7 Pension, Retirement, Profit-Sharing. Wife agrees to waive, transfer or relinquish any and all of her right, title and interest she has or may have in her individual capacity or as Husband's Wife in any and all pension, retirement, profit-sharing, stock options or similar accounts which Husband has secured or may securel including waiving her interest in Husband's Commonwealth of Pennsylvania retirement plan. Husband agrees to waive, transfer or relinquish any and all of his right, title and interest he has or may have in his individual capacity or as Wife's Husband in any and all pension, retirement, prOfit-sharing, stock options or similar accounts which Wife has secured or may secure. 3.8 Motor Vehicles. With respect to the motor vehicles owned by one or both of the parties, they agree as follows: Wife shall claim as her sole and separate property a 1988 Chrysler Lebaron. Husband shall claim as his sole and -11- . . Agreement and are informed by its content. Each party is satisfied that an equitable over~ll result is being accomplished by the terms of this Agreement, 3nd more specifically, it is a desire to each party to remain free of the claims of the other. 6.2 Counsel Fees. Husband agrees to be responsible for legal fees and expenses, and each party hereby agrees to waive any claims he or she may have for alimony, alimony pendente lite, counsel fees, expenses or costs. 6.3 Mutual Release. Husband and Wife each do hereby mutually remise, release, quitclaim, and forever discharge the other and the estate of such other, for all times to come and for all purposes whatsoever, of and from any and all right, title and interest, or claims in or against the property (including income and gain from property hereafter accruing) of the other or against the estate of such other, of whatever nature and wheresoever situate, which he or she now has or at any time hereafter may have against such other, the estate of such other, or any part thereof, whether arising out of any former acts, contracts, engagements, or -14- . . - . liabilities of ouch other as by way of dower or curtesy, or claims in the natur~ of dower or curtesy or widow's or widower'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 testimony, or all other rights of surviving spouse to participate in a deceased spouse's estate, whether arising under the laws of (a) pennsylvania, (b) any state, commonwealth or territory of the united States, or (c) any other country, or any rights which either party may have or at any time hereafter have for past, present, or future support or maintenance, alimony, alimony pendente lite, counsel fees, costs or expenses, whether arising as a result of the marital relation or otherwise, except and only except, all rights and agreements and obligations of whatsoever nature arising or which may arise under this Agreement or for the breach of any thereof. It is the intention of Husband and Wife to give to each other by execution of this Agreement a full, complete, and general release with respect to any and all property of any kind or nature, real or personal, not mixed, which the other now owns or may hereafter acquire, except and only except, all rights and agreements and obligations of whatsoever nature arising or which may arise under this ~greement or for the breach of any thereof. -15- . .' - 6.4 Warranties. Each party represents that they have not heretofore incurred or contracted for any debt or liability or obligation for which the estate of the other party may be responsible or liable, except as may be provided for in this Agreement. Each party agrees to indemnify or hold the other party harmless from and against any and all such debts, liabilities or obligations of every of them, including those for necessities, except for the obligations arising out of this Agreement. Husband and Wife each warrant, covenant, represent and agree that each Will, now and at all times hereafter, save harmless and keep the other indemnified from all debts, charges and liabilities incurred by the other after the execution date of this Agreement, except as is otherwise specifically provided for by the terms of this Agreement and that neither of them hereafter incur any liability whatsoever for which the estate of the other may be liable. 6.5 No waiver or modification of any of the terms of this Agreement shall be valid unless in writing and signed by both parties and no waiver of any breach hereof or default hereunder shall be deemed a waiver o~ any subsequent default of the same or similar nature. -16- . " . .. . . ~ 6.10 Severability. If any term, condition, clause, section, 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 Agreement, and in all other respects, this Agreement shall be valid and continue in full force, effect, and operation. Likewise, the failure of any party to meet his or her obligation under anyone or more of the articles and sections herein shall in no way void or alter the remaining obligations of the parties. 6.11 It is specifically understood ~nd agreed that this Agreement constitutes an equitable distribution of property, both real and personal, which was legally and beneficially acquired by Husband and Wife, or either of them, during the marriage as contemplated by the Divorce Code of the Commonwealth of Pennsylvania. 6.12 Disclosure. The parties waive their rights to require the filing of financial disclosure statements by the other, although the ~arties have been advised that it is their legal -18- I, , . , . right to have these disclosures made prior to entering into this Agreement and by entering into this Agreement without reliance upon financial disclosure, the parties are forever waiving their right to request or use that as a basis to overturn this Agreement. 6.13 Enforceability and Consideration. This Agreement shall survive any action for divorce and decree of divorce and shall forever be binding and conclusive on the partiesl and any independent action may be brought, either at law or in equity, to enforce the terms of the Agreement by either Husband or Wife until it shall have been fully satisfied and performed. The consideration for this contract and agreement is the mutual benefits 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 in stipulated, confessed, and admitted by the parties, and the parties intend to be legally bound hereby. In the event either party breaches the aforesaid Agreement and it is determined through appropriate legal action that the alleged party has so breached the Agreement, the breaching party shall be responsible for any and all attorney's fees as well as costs and expenses -19- .. . .1 . THOMAS J. WHITE, Plaint iff v. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 94-6911 Civil Term HOLLY HOSFORD-WHITE, Defendant CIVIL ACTION - LAW IN DIVORCE PRABCIPE TO TRANSMIT RBCORD Tu the Pruthunutary: Transmit the recurd, tugether with the ful1uwing infurmatiun, tu the Cuurt fur entry uf a divurce decree: 1. Gruunds fur divurce: irretrievable breakduwn unJer Sectiun 3301 (c) uf the Divurce Cude. 2. Date and manner uf service uf the Cump1aint: January 21, 1995, served by First Class United States Mail, Certified tu Addressee un1y with a return receipt card requested. See Exhibit A. 3. (a) Date uf executiun uf the Affidavit uf Cunsent required by Sectiun 3301 (c) uf the Divurce Cude: by the Plaintiff: April 28, 19951 by the Defendant: April 28, 1995 4. Related claims pending: Nune. 5. Indicate date and manner uf service uf the Nutice uf Intentiun tu file Praecipe tu Transmit Recurd, and attach a cupy uf said nut ice under Sectiun 3301 (d) (1) (i) uf the Divurce Cude. Nut Applicable. RADERMAN, ESQUIRE ney fur Plaintiff 1 f !jJ ~ 'j- r- ~ \~~ S ....sl \r, ~ ~ . r- - . ~~ @)" p 0 '0 ~ J'l '0 t::> ~~ vi '\ri -..DQ. Q - 60 . . 'I;;t - ~ -IH ~IH E-<'''' H-iJ ~.~ I1l .,-l ""1'. . [il Eo< H-iJ ~J:: 1,f'J lilJ:: OQJ r..1H UlQJ 00 p:: >< ~ o p:: [il U P:: o :> H o 20 H Eo< Z H j ~ o u ~ ti ~ ... - "Iii ~ ~ .. > .. Mg :! VI r :J VI U . Z 00 Z ..J 0.: ~ .. N z -c :I ~ Cl:j Ial.. e ~ ~ 1:; m~ .0 11:1: >- ~ -c ., . :> ~ o :Il E-< . " ~ VI I' .. o 8 ~ ~ ;.. " N ;:: !: " z o z . " 4 " .. Ii " :J .. VI ii1 " ~ % '''' ~rl ',) '..} ~.~ '.' . "' " " 9 8 z 0( ::E ~ t:; WD:" w " ~ a:: 1ft - Q to- ... 'l) ~ 0( 0( '" CJt > d t;g~ aJ ~ 0 ,12 .0 00 Z a:" ~.: w .." .. )0 0( N . 0( " ., ~ al III it 0: " % 8 .. .. " " N ; t w z o z . w .. w .. .. ~ v. I IN THE COURT OF COMMON PLEAS I CUMBERLAND COUNTY, PENNSYLVANIA NO. 94-6911 Civil Term HOLLY HOSFORD-WHITE, Defendant I CIVIL ACTION - LAW I IN DIVORCE APFIDAVIT OF CONSENT 1. A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed on December 8, 1994. 2. The marriage between the plaintiff and Defendant is irretrievably broken and ninety (90) days have elapsed from the date of filing the Complaint. 3. I consent to the entry of a final Decree in Divorce. 4. I understand that I may lose rights concerning alimony, division of property, lawyer's fees and expenses if I do not claim them before a divorce is granted. J verify 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. Datel (1- zr . 9 S- l~ ~ ,\ ~~,~ d- W\lU HO LY~bSF RD-WHITE 1 ..9- l1\ '-' n: ~ IJ1' ~: ~ = ..... . '" ~ cd: N cD 0 <;) ,_::? r-:- :r ",.. '" ---)