HomeMy WebLinkAbout94-06982
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S IN THE COURT OF COMMON PLEAS g
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8 OF CUMBERLAND COUNTY ~
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8 STATE OF ~~ PENNA. ~
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DECREE IN
DIVORCE
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it is ordered and
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decreed that"".". ,<;~~P.~~~. ,5.., .I;I!>P.I?~.",."".,..".,.,... plaintiff,
and.. .. , .. .. .. .. .. .. ,C", ,w(\PE .IJI'P,D,X .. :'.. .. .. .. .. , .. . .. .. ... defendant,
are divorced from the bonds of matrimony.
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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ia .inc.arporated. herein.""",.,...,...",.,...,.."..,.",...."".,.,
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SECTION A.
GENERAL PROVISIONS
A.l SEPARATION, It shall be lawful for each party at all
times hereafter to live separate and apart from the other party at
such place as he or she may from time to time choose or deem fit.
The foregoing provision shall not be taken as an admission on the
part of either party of the lawfulness or unlawfulness of the
causes leading to their living apart. Each party shall be free
from interference, authority, and contact by the other, as fully as
if he or she were single and unmarried, except as may be necessary
to carry out the provisions of this Agreement. Neither party shall
molest the other or attempt to endeavor to molest the other, nor
compel the other to cohabit with the other, or in any way harass or
malign the other, nor in any way interfere with the peaceful
existence, separate and apart from the other.
A.2 MUTUAL CONSENT DIVORCE, The parties acknowledge that
WIFE has commenced an action for divorce in the Court of Common
Pleas of Cumberland County at Docket No. 94-6982. The parties
further acknowledge that the ninety (90) day period provided under
Section 3301(c) of the Code has expired and agree that
contemporaneous with the execution of this Agreement, each shall
2
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A.6 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 time to come, and for all purposes
whatsoever, of and from any and all rights, title and interests, or
claims in or against the property (including income and gain from
property hereafter accruing) of the other and 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 liabilities of such
other or by way of dower or curtesy, or claims in the nature 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 testamentary, or all other rights of a
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
hereinafter 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
4
.
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 the
execution of this Agreement a full, complete, and general release
with respect to any and all property of any kind or nature, real,
personal or 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 Agreement or for the breach of any thereof.
A.7 WARRANTY AS TO EXISTING OBLIGATIONS I During the course
of the marriage, WIFE and HUSBAND have incurred certain liabilities
and it is hereby agreed, without the necessity of ascertaining for
what purpose and to whose use each of the bills was incurred, that
of the liabilities which were incurred prior to the date of the
execution of this Agreement, WIFE and HUSBAND each covenants,
represents, warrants and agrees that, except as may be otherwise
specifically provided for by the terms of this Agreement, as of the
date of execution of this Agreement, no unpaid liabilities remain
which were incurred by him or her or on his or her behalf for which
the other party may be deemed liable, and, if any such debts or
obligations should be determined to have existed as of the date of
execution of this Agreement, except as set forth below, the party
5
.
who incurred that debt shall indemnify and hold the other party
harmless from and against any loss or liability and costs or
expense, including attorney's fees, incurred as a result of those
liabilities.
In the event that WIFE or HUSBAND does not pay when due any
such bills, obligations or debts, the other party shall have the
right, but not the obligation to pay such bills, obligations or
debts. If one party pays such bills, obligations or debts which
the other party is obligated to pay pursuant to this paragraph
after giving the defaulting party five days written notice, the
party making the payment shall be entitled to receive reimbursement
from the other party not only for payments made, but also for any
related costs, including attorneys' fees.
A.8 WARRANTY AS TO l"u.....uHE OBLIGATIONS I WIFE and HUSBAND each
covenants, represents, warrants and agrees that, except as may be
otherwise specifically provided for by the terms of this Agreement,
neither of them shall hereafter incur any liability whatsoever for
which the other or the estate of the other may be liable and each
now and at all times hereafter shall indemnify and hold the other
party harmless from and against any such liabilities, costs or
6
expenses, including attorneys' fees, relating thereto incurred by
the other party after the date of the execution of this Agreement.
A.9 DISCLOSURE I HUSBAND and WIFE each represent and warrant
to the other that he or she has made a full and complete disclosure
to the other of all assets of any nature whatsoever in which such
party has an interest, the sources and amount of the income of such
party or every type whatsoever and of all other facts relating to
the subject matter of this Agreement.
A.l0 COUNSELl The provisions of this Agreement and their
legal effects have been fully explained to the parties by their
respective counsel. The WIFE has employed and had the benefit of
counsel of Frederick I. Huganir, Esquire, as her attorney. The
HUSBAND has employed and had the benefit of counsel of Jennifer L.
Lehman, Esquire, as his attorney. Each party acknowledges that he
or she has received independent, legal advice from counsel of his
or her selection and that each fully understands the facts and has
been fully informed as to his or her legal rights and obligations
and each party acknowledges and accepts that this Agreement is, in
the circumstances, fair and equitable, and that it is being entered
into freely and voluntarily after having received such advice and
with such knowledge, and that execution of this Agreement is not
7
the result of any duress or undue influence and that it is not the
result of any collusion or improper or illegal agreement or
agreements.
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ALIMONY. ALIMONY PENDENTE LITE M COUNSEL FEES
B.1 ALIMONY. Commencing October 1, 1995, and continuing for
a term of a maximum of five (5) years thereafter, HUSBAND shall pay
WIFE the sum of $675.00 per month. The parties agree that the
entire amount being paid to WIFE pursuant to this paragraph is a
separate maintenance periodic payment, included and intended to be
included as income to WIFE within the meaning and intent of Section
71 of the United States Internal Revenue Code of 1954 and
deductible from HUSBAND'S gross income pursuant to the provisions
of Section 215 of the United States Internal Revenue Code of 1954.
Such payments shall sooner terminate upon the death of HUSBAND or
WIFE. HUSBAND and WIFE agree that the amount and term of alimony
payment shall not be modifiable under any circumstances except
those enumerated above. The parties agree that all alimony
payments shall continue to be paid through Cumberland County
Domestic Relations. HUSBAND shall name WIFE as the beneficiary of
an insurance policy in an amount which shall be no less than the
balance of payments owed pursuant to this paragraph. HUSBAND shall
provide WIFE with proof of the said beneficiary designation upon
WIFE'S request, but no more frequently than once per calendar year.
8
B.2 COUNSBL FEBS. COSTS AND BXPENSESI Neither party shall
have any liability to the other for reimbursement of attorney's
fees incurred by the other party in connection with the negotiation
and preparation of this agreement or in connection with any legal
or equitable proceedings between the parties which have preceded
the execution of this agreement.
SBCTION C.
EQUITABLE DISTRIBUTION OF PROPERTY
C.l CONSIDERATIONS FOR EQUITABLE DISTRIBUTION: The parties
have attempted to distribute their marital property in a manner
which conforms to the criteria set forth in Chapter 35 of the
Pennsylvania Divorce Code, and taking into account the following
considerations: the length of the marriage; the fact that it is
the WIFE'S second marriage and the HUSBAND'S second marriage; the
age, health, station, amount and sources of income, vocational
skills, employability, estate, liabilities and needs of each of the
parties; the contribution of each party to the education, training
or increased earning power of the other party; the opportunity of
each party for future acquisitions of capital assets and income;
the sources of income of both parties, including but not limited to
medical, retirement, insurance or other benefits; the contribution
9
or dissipation of each party in the acquisition, preservation,
depreciation or appreciation of the marital property, including the
contribution of each spouse as a homemaker; the value of the
property set apart to each party; the standard of living of the
parties established during the marriage; and the economic
circumstances of each party at the time the division of property is
to become effective.
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 marital rights of the parties.
C.2 DIVISION OF PERSONAL PROPERTY I The parties have divided
between them, to their mutual satisfaction, the personal effects,
household furniture and furnishings, vehicles, and all other
articles of personal property which have heretofore been used by
them in common, and neither party will make any claim to any such
items which are not in the possession or under the control of the
other. Should it become necessary, the parties each agree to sign
any titles or documents necessary to give effect to this paragraph
10
upon request. The above division of property shall include any
insurance policies covering that property and escrow accounts
relating to that property.
C.3 REAL ESTATE I HUSBAND and WIFE were the owners, as
tenants by the entireties, of an interest in real estate known as
1529 Sheepford Road, Mechanicsburg, Dauphin County, Pennsylvania.
That property was sold on July 21, 1995 for $131,500.00. The
parties' share of the net proceeds from that sale was approximately
$33,571.50. The net proceeds have been escrowed in a certificate
of deposit with Farmers Trust Company. The parties agree that
HUSBAND shall receive the sum of $5,571.50 from the proceeds of the
said CD. WIFE shall receive the balance of the CD which includes
any interest earned since the escrow account was established.
C.4 MOTOR VEHICLES I WIFE hereby agrees to release any and
all right, title and interest and claim she may have in, or have
had, into any automobiles titled in the name of HUSBAND and agrees
further to execute any and all documents necessary to effect such
release.
HUSBAND hereby agrees to release any and all right, title and
interest and claim he may have in and to a 1984 Oldsmobile
11
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2 20 PH '95
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CAROLYN S. HEDDY,
Plaintiff
v.
C. WADE HEDDY,
Defendant
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 94-6982 CIVIL TERM
: CIVIL ACTION - LAW
: IN DIVORCE
INCOMB AND BXPBNSB STATBMBNT OF
C. WADB HBDDY
Employer:
Address:
Type of Work:
Payroll Number:
Pay Period (weekly,
U.S. Navy FMSO
Code 9744, P.O. Box 2010, Mech.,
Supervisor
152-28-0530
biweekly, etc.): Bi-weekly
GROSS PAY PER PAY PERIOD:
Itemized Payroll Deductions:
Federal Withholding:
Social Security:
Medicare:
Local Wage Tax:
State Income Tax:
Retirement:
Savings Bonds:
Credit Union:
Life Insurance:
Health Insurance:
Other: (specify)
NET PAY PER PAY PERIOD:
OTHER INCOME:
Week
Interest $
Dividends
Pension
Annuity
Soc. Sec.
Rents
Royalties
Expense Acct.
Unemploy. Compo
Workmen's CCJmp.
TOTAL OTHER INCOME:
TOTAL MONTHLY NET INCOME:
PA 17055
$2,508.80
450.28
36.38
25.09
70.25
175.62
25.22
20.33
1,730.85
Month Year
$ $
$
$3,750.00
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LEAVE AND EARNINGS STATEMENT
D~AS COLUM8US M
PD 8DX 182311 KB/HfD
COLUMBUS CH 43218-2311
SOCIAL uculun NO. '''SA I&II""CI COMl lion 11" 01S1' LDeALIO OllAOI IT." ,... ""'HUM .. .. .............
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KB 23.28 .,.. \ \ llI4 31. 38 1 jlll-OIHII
ANNUAL SICK leI HOURS AMOUNTS CURRINT 'IA" TO DATe: CURRENT '1'11." TO O"T' MlleILUff.OUI
':': 228:00 818'00 ~ 80:00 2808.80 ... 480.28 1182. as ....
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E BAL 232, 00 880'00 C .. ... ~" .. .. 0" CO .n~
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OTHER EARNINGS
C COLA
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Q, QU"'RnRI ALLOWANCE
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W ADMIH UNCONfROtL.llLI OIl!RTIME
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CASH AWARDS
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GRAND'ATHER 'ONUI lU',
IUOGnTIOH AWARD
'I!R'ORM"'HCI AW"'RD
OAINSH"'RINQ AWAIIO
RECRUITIolINT IOHUI
INVENTION AWARD
IPECIAL ACT/II"YICf AWARD
III 'IMORM",C. AWARD
'URI 'I!R'ORUANCI AWARD
III RMIt AWARD
lI'AItATIOH IHCENTIVt '4Y
fII!LOCAnoN 10NUI
'O"EIGH LANOUAGI AWARD
AWA"D CU1'IACIt 'AYOUT
OTHER DEDUCTION
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QAftHISHMI!HT (ARRURAOf)
COM"ERCIAL OIlT
OTHER AOENCY COLLICTIOH
DU"'L CO"'IItUTIOH
OARNIIHUI"T
'IH" COLLECTION
CHILD SUPI'ORT IUPfLl/olrTlOI
l'EDI"ALTAX LM
COU,INIO DEDUCTION
OOYI!R""I"f 'RO'I"ry
OUA"TlRI DIDUCTION
TI\A'V!L COtLECTION
UNUMrTtD ..IICIL\....HIOUI ICHECItI
Y....HUO.ST\JDIHT LOAN'
MIICftLANIOU. IUNLIMITED)
OCCU''''TIO'''AL TAX
MILITARY Sf"YIC!! OIl'OIIT
UIUAUlITCY
PROPERTY TRANSFERRED
Item Description Date of Person to
Whom
Number of property Transfer Consideration Transferred
1 1987 10-22-94 $10,500.00 Ruth Motor
Chevrolet Sales
Corvette
2 Coin 11-11-94 $1267.25 Giff
Collection Briner
LIABILITIES
Item Description Names of Names of
Number of Property JIll Credi tors All Debtors
1 Mortgage and Integra Mortgage Plaintiff and
note against Company Defendant
1529 Sheepford
Road
Mechanicsburg,
PA
2 Mortgage and Member's First Plaintiff and
note against Federal Credit Defendant
1529 Sheepford Union - home
Road equity loan
Mechanicsburg,
PA
. ,
SECTION A.
GENERAL PROVISIONS
A.l SEPARATION I It shall be lawful for each party at all
times hereafter to live separate and apart from the other party at
such place as he or she may from time to time choose or deem fit.
The foregoing provision shall not be taken as an admission on the
part of either party of the lawfulness or unlawfulness of the
causes leading to their living apart. Each party shall be free
from interference, authority, and contact by the other, as fully as
if he or she were single and unmarried, except as may be necessary
to carry out the provisions of this Agreement. Nei ther party shall
molest the other or attempt to endeavor to molest the other, nor
compel the other to cohabit with the other, or in any way harass or
malign the other, nor in any way interfere with the peaceful
existence, separate and apart from the other.
A.2 MUTUAL CONSENT DIVORCE: The parties acknowledge that
WIFE has commenced an action for divorce in the Court of Common
Pleas of Cumberland County at Docket No. 94-6982. The parties
further acknowledge that the ninety (90) day period provided under
Section 3301(c) of the Code has expired and agree that
contemporaneous with the execution of this Agreement, each shall
2
A.6 MUTUAL RZLEASEI HUSBAND and WIFE each do hereby mutually
remise, release, quitclaim and forever discharge the other and the
estate of such other, for all time to come, and for all purposes
whatsoever, of and from any and all rights, title and interests, or
claims in or against the property (including income and gain from
property hereafter accruing) of the other and 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 liabilities of such
other or by way of dower or curtesy, or claims in the nature 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 testamentary, or all other rights of a
survi ving 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
hereinafter 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
4
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 the
execution of this Agreement a full, complete, and general release
with respect to any and all property of any kind or nature, real,
personal 'or 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 Agreement or for the breach of any thereof.
A.7 WARRANTY AS TO EXISTING OBLIGATIONS: During the course
of the marriage, WIFE and HUSBAND have incurred certain liabilities
and it is hereby agreed, without the necessity of ascertaining for
what purpose and to whose use each of the bills was incurred, that
of the liabilities which were incurred prior to the date of the
execution of this Agreement, WIFE and HUSBAND each covenants,
represents, warrants and agrees that, except as may be otherwise
specifically provided for by the terms of this Agreement, as of the
date of execution of this Agreement, no unpaid liabilities remain
which were incurred by him or her or on his or her behalf for which
the other party may be deemed liable, and, if any such debts or
obligations should be determined to have existed as of the date of
execution of this Agreement, except as set forth below, the party
5
who incurred that debt shall indemnify and hold the other party
harmless from and against any loss or liability and costs or
expense, including attorney's fees, incurred as a result of those
liabilities.
In the event that WIFE or HUSBAND does not pay when due any
such bills, obligations or debts, the other party shall have the
right, but not the obligation to pay such bills, obligations or
debts. If one party pays such bills, obligations or debts which
the other party is obligated to pay pursuant to this paragraph
after giving the defaulting party five days written notice, the
party making the payment shall be entitled to receive reimbursement
from the other party not only for payments made, but also for any
related costs, including attorneys' fees.
A.S WARRANTY AS TO IfU1UKE OBLIGATIONS: WIFE and HUSBAND each
covenants, represents, warrants and agrees that, except as may be
otherwise specifically provided for by the terms of this Agreement,
neither of them shall hereafter incur any liability whatsoever for
which the other or the estate of the other may be liable and each
now and at all times hereafter shall indemnify and hold the other
party harmless from and against any such liabilities, costs or
6
,
expenses, including attorneys' fees, relating thereto incurred by
the other party after the date of the execution of this Agreement.
A.9 DISCLOSURE: HUSBAND and WIFE each represent and warrant
to the other that he or she has made a full and complete disclosure
to the other of all assets of any nature whatsoever in which such
party has an interest, the sources and amount of the income of such
party or every type whatsoever and of all other facts relating to
the subject matter of this Agreement.
A.l0 COUNSELl The provisions of this Agreement and their
legal effects have been fully explained to the parties by their
respective counsel. The WIFE has employed and had the benefit of
counsel of Frederick I. Huganir, Esquire, as her attorney. The
IruSBAND has employed and had the benefit of counsel of Jennifer L.
Lehman, Esquire, as his attorney. Each party acknowledges that he
or she has received independent, legal advice from counsel of his
or her selection and that each fully understands the facts and has
been fully informed as to his or her legal rights and obligations
and each party acknowledges and accepts that this Agreement is, in
the circumstances, fair and equitable, and that it is being entered
into freely and voluntarily after having received such advice and
with such knowledge, and that execution of this Jlgreement is not
7
'.
the result of any duress or undue influence and that it is not the
result of any collusion or improper or illegal agreement or
agreements.
SECTION B.
ALIMONY. ALIMONY PENDENTE LITE' COUNSEL FEES
B.l ALIMONY: Commencing October ~, 1995, and continuing for
a term of a maximum of five (5) years thereafter, HUSBAND shall pay
WIFE the sum of $675.00 per month. The parties agree that the
entire amoun~ being paid to WIFE pursuant to this paragraph is a
separate maintenance periodic payment, included and intended to be
included as income to WIFE within the meaning and intent of Section
71 of the United States Internal Revenue Code of 1954 and
deductible from HUSBAND'S gross income pursuant to the provisions
of Section 215 of the United States Internal Revenue Code of 1954.
Such payments shall sooner terminate upon the death of HUSBAND or
WIFE. HUSBAND and WIFE agree that the amount and term of alimony
payment shall not be modifiable under any circumstances except
those enumerated above. The parties agree that all alimony
payments shall continue to be paid through Cumberland County
Domestic Relations. HUSBAND shall name WIFE as the beneficiary of
an insurance policy in an amount which shall be no less than the
balance of payments owed pursuant to this paragraph. HUSBAND shall
provide WIFE with proof of the said beneficiary designation upon
WIFE'S request, but no more frequently than once per calendar year.
8
B.2 COUNSEL FEES. COSTS AND EXPENSES: Neither party shall
have any liability to the other for reimbursement of attorney's
fees incurred by the other party in connection with the negotiation
and preparation of this agreement or in connection with any legal
or equitable proceedings between the parties which have preceded
the execution of this agreement.
SECTION C.
EQUITABLE DISTRIBUTION OF PROPERTY
C.l CONSIDERATIONS FOR EQUITABLE DISTRIBUTION: The parties
have attempted to distribute their marital property in a manner
which conforms to the criteria set forth in Chapter 35 of the
Pennsylvania Divorce Code, and taking into account the following
considerations: the length of the marriage; the fact that it is
the WIFE'S second marriage and the HUSBAND'S second marriage; the
age, health, station, amount and sources of income, vocational
skills, employability, estate, liabilities and needs of each of the
parties; the contribution of each party to the education, training
or increased earning power of the other party; the opportunity of
each party for future acquisitions of capital assets and income;
the sources of income of both parties, including but not limited to
medical, retirement, insurance or other benefits; the contribution
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or dissipation of each party in the acquisition, preservation,
depreciation or appreciation of the marital property, including the
contribution of each spouse as a homemaker; the value of the
property set apart to each party; the standard of living of the
parties established during the marriage; and the economic
circumstances of each party at the time the division of property is
to become effective.
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 marital rights of the parties.
C.2 DIVISION OF PERSONAL PROPERTY I The parties have divided
between them, to their mutual satisfaction, the personal effects,
household furniture and furnishings, vehicles, and all other
articles of personal property which have heretofore been used by
them in common, and neither party will make any claim to any such
items which are not in the possession or under the control of the
other. Should it become necessary, the parties each agree to sign
any titles or documents necessary to give effect to this paragraph
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, .
.
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upon request. The above division of property shall include any
insurance policies covering that property and escrow accounts
relating to that property.
C.3 REAL ESTATE I HUSBAND and WIFE were the owners, as
tenants by the entireties, of an interest in real estate known as
1529 Sheep ford Road, Mechanicsburg, Dauphin County, Pennsylvania.
That property was sold on July 21, 1995 for $131,500.00. The
parties' share of the net proceeds from that sale was approximately
$33,571.50. The net proceeds have been escrowed in a certificate
of deposit with Farmers Trust Company. The parties agree that
HUSBAND shall receive the sum of $5,571.50 from the proceeds of the
said CD. WIFE shall receive the balance of the CD which includes
any interest earned since the escrow account was established.
C.4 MOTOR VEHICLES: WIFE hereby agrees to release any and
all right, title and interest and claim she may have in, or have
had, into any automobiles titled in the name of HUSBAND and agrees
further to execute any and all documents necessary to effect such
release.
HUSBAND hereby agrees to release any and all right, title and
interest and claim he may have in and to a 1984 Oldsmobile
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