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HomeMy WebLinkAbout95-01870 r ~ . I/) '7 r XI5 . ~ ~ J " .'i ,-,-, -'-, o C' 00 - HARRY L. STRONG, . Plaintiff . . VB. . . PATRICIA E. STRONG . Defendant . IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 96-1870 CIVIL TERM IN DIVORCE PRAECIPE To TRANSMIT RECORD TO THE PROTHONOTARY: Transmit the record, together with the following information, to the Court for entry of a Divorce Decree: 1. Ground for divorce: Irretrievable breakdown under Section IXI 3301 Icl I I Section 3301 Idl of the Divorce Code. (Check applicable section). 2. Date and manner of service of the Complaint: Service by Certified mail/return recelot reauested, April 17. 1996, 3. (Complete either paragraph (al or (b). (a) Date of execution of the Affidavit of Consent required by Section 3301 (c) or the Divorce Code: by Plaintiff, June 13,1996: by Defendant, June 14, 1996. (b) (1) Date of execution of the Plaintiff's Affidavit required by Section 3301 (dl of the Divorce Code: (2) Date of service of the Plaintiff's Affidavit upon the Defendant: 4. Related claims pending: N/A ~ . C --------..., ~/L~ )-- Edward J. Weintraub, Esquire 2660 N. Third Street Harrisburg, PA 17110 (717) 238-2200 10#17441 ATTORNEY FOR PLAINTIFF C' \ ~-, n L. (.\ ;\ ::. ~ ,j ..,., ~ " :Tl O~l . ". ~-;. ' 11~ (I! , C'_' ...;~ r::- ; '] ~ ' \" ..!-; I.() . . ;' jlll t,'" ;.,: '~ ~. . ~ :'l IJI ". .rl, '., HARRY L. S'rRONG , . IN THE COURT OF COMMON PLEAS . CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff, . . vs. . No. 95-1870 CIVIL TERM . PATRICIA E. STRONG, . . CIVIL AC'l'ION -- LAW Defendant. . IN DIVORCE AFFIDAVIT OF CONSENT AND WAIVER OF COUNSELING 1. A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed on April 12, 1995. 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety (90) days have elapsed from the date of the filing of the Complaint. J. I consent to the entry of a Final Degree of Divorce after service of notice of intention to request entry of the decree. 4. I have been advised of the availability of marriage counseling, and being so advised, I do not request that the court require my spouse and myself to participate in marriage counseling. I 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. Dated: 6(l~(% ~~'\ .{ <? ~ arry L ') sl:rorf'9 HARRY L. STRONG, . IN THE COURT OF COMMON PLEAS . CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff, . . vs. . No. 95-1870 CIVIL TERM . PATRICIA E. STRONG, . . CIVIL ACTION -- LAW Defendant. . IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER SECTION 3301(c) OF THE DIVORCE CODE 1. I consent to the entry of a final decree of divorce without notice. 2. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if I do not claim them before a divorce is granted. 3. I understand that I will not be divorced until a divorce decree is entered by the court and that a copy of the decree will be sent immediately after it is filed with the Prothonotary. I 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. Dated: lel\~(96 ~{}A;( ~n1~ arry L) stro .2:J ( ,,., C In .--, "rl r II f~~ '. "J " ...... j. ij11 (f~ -. "'~ ., C:o ,1- r..::(' '-1c. :~~ : ;jJ " - '.C) -~ '. - :-", .. .:-.1 :::J - CJl ~IJ -~ f 0 ,C) 0 (": co, ."r.. ., c... :;-J [i J ~ ,-: ,i ::J f;; i~ 'I;, c) ( . .Ir ,; .. ,1..- r~ . ' "d , " . ~(') .' , 1_.1111 ,-' -., -. (Jl ',IJ -'. ", () \.71 () ( L~" ,\ (:-: , ...." ..' {~ ~ \ \.\7] ,:,-< ~ .'- +~.;~ (J G' ~ ,\~I\ c; - -, ~. lp .: '\\ > ,) .',1 ':? ~.q <Jl -... I.:' , HARRY L. STRONG, . Plaintiff . . vs. . . PATRICIA E. STRONG . Defendant . IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY. PENNSYLVANIA NO. 95.1870 CIVIL TERM IN DIVORCE PRAECIPE To TRANSMIT RECORD TO THE PROTHONOTARY: Transmit the record, together with the following information, to the Court for entry of a Divorce Decree: 1. Ground for divorce: Irretrievable breakdown under Section IXI 33011cl I I Section 3301 /dl of the Divorce Code. (Check applicable section), 2. Date and manner of service of the Complaint: Service by Certified mail/return receipt reauested, April 17, 1995. 3. (Complete either paragraph (a) or (b), (al Date of execution of the Affidavit of Consent required by Section 3301 (c) or the Divorce Code: by Plaintiff, June 6,1996: by Defendant, June 5, 1996. (b) (1 I Date of execution of the Plaintiff's Affidavit required by Section 3301 (d) of the Divorce Code: (2) Date of service of the Plaintiff's Affidavit upon the Defendant: 4, Related claims pending: N/A Edwar eintraub, Esq 2650 N. Third Street Harrisburg, PA 171 10 (717) 238.2200 10#17441 ATTORNEY FOR PLAINTIFF () .r. (') (' ,n " ., --0 ". ~; :: ~I OJ (I ';.:: Col, uj;' CJ r.l( "'f') '-;J ~I s.~r. .'. . ) :~.: ( " ~;>f-: ~.) (5 .... :.~ ..~ , ~ <:l the Parties have lived separate and apart for at least two years as specified in Section 3301(d) of the Divorce Code. COUNT II 1. REQUEST FOR EQUITABLE DISTRIBUTION OF MARITAL PROPERTY UNDER SECTIONS 3323, 3501, 3502 and 3503 OF THE DIVORCE CODE 14. The prior paragraphs of this Complaint are incorporated herein by reference thereto. 15. Plaintiff requests the Court to equitably divide, distribute or assign the marital property between the parties without regard to marital misconduct in such proportion as the Court deems just after consideration of all relevant factors. WHEREFORE, Plaintiff respectfully requests that, pursuant to Section 3502(d) of the Divorce Code, the Court enter an order directing Defendant to continue to maintain certain life and health insurance policies for the benefit of Plaintiff and Defendant. COUNT IV REQUEST FOR CONTINUED MAINTENANCE AND BENEFICIARY DESIGNATIONS OF EXISTING POLICIES INSURING LIFE AND HEALTH OF BOTH PARTIES UNDER SECTION 3502(0) of THE DIVORCE CODE 16. The prior paragraphs of this Complaint are incorporated herein by reference thereto. 17. During the course of the marriage, Defendant has maintained certain health, life and death insurance policies for the benefit of Plaintiff and Defendant. 18. Pursuant to Section 3502 (d), Plaintiff requests Defendant be directed to continue maintenance of said policies. WHEREFORE, Plaintiff respectfully requests the Court to enter an order of equitable distribution of marital property pursuant to Sections 3323, 3501, 3502 and 3503 of the Divorce Cod~. COUNT V. REQUEST FOR APPROVAL OF ANY SETTLEMENT AGREEMENT AND INCORPORATION THEREOF IN DIVORCE DECREE UNDER SECTION 3104 OF THE DIVORCE CODE 19. The prior paragraphs of this Complaint are incorporated herein by reference thereto. 20. The public policy of the Commonwealth of Pennsylvania encourages parties to a marital dispute to negotiate a settlement of their differences. 21. While no settlement has been reached as of the date of the filing of this Complaint, Plaintiff is and has always been willing to negotiate a fair and reasonable settlement of all matters with Defendant. 22. To the extent that a written settlement agreement might be entered into between the parties prior to the time of hearing on thill Complaint, Plaintiff desires that such written agreement be approved by the Court and incorporated in any divorce decree which may be entered dissolving the marriage between the parties. WHEREFORE, if a written settlement agreement is reached between the Parties prior to the time of hearing on this Complaint, Plaintiff respectfully requests that, pursuant to Section 3104 n '0 (") r:; 0' ,., =..'0 '- ,-, "'t"'. ". :C::n [11;, .:::: : Iltij ,- I 'l'1 ;':1 _I '. (I~ '-'6 "":~l -~I ;~i:I .- ),; (' -, -,~ ,'. (7: ( is' :j I ;;:.., :-J -, ::.. '.0 ~ -', .... 0 'Q () C C7l " '~ ;:gi" '- ,rJ [I (i ~:~ 'IIi ;?; I' .<:-':t I " Cl5 . -.I "J -~ - i.) ~t iJ :~:u ~r i'C iSi i5~ 'er_ <;;! ", '0 ~ -, ','';'' "'.::,,"-,,' 130 wALHUrIlllUT HARRISBV!!"'-WSYLVANlA 17101 (1171 J3lI.2200 FAX (717) 238-9280 ',' -~,,: :_:-/.'~~~j~:~~~;~:t[{~1t~~\ >;'~ ".l'i ''.1~\t:'?J'-''''J\~~l =:f~~f1\~~1"e vs. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 95-1870 CIVIL TERM HARRY L. STRONG, Plaintiff PATRICIA E. STRONG, Defendant IN DIVORCE ACCEPTANCE OF SERVICE I hereby accept service of the Complaint For Divorce Under Section 3301(c) of the Divorce Code on behalf of my client Patricia E. Strong, which was filed on April 12, 1995, to the above referenced term and number. Date: j-- tj. f j . - ... IltJi~;r;~~p;~~) ~~-'~' '1,f,"ir.-~",.,"d'I"" ,... .. "it~Mt~.~,.,..~,~...~.,.. . ;y.~:~l''':7_~;. '- . 0'0 00 =>: .. - UJ W D u:'; Lr1 ~ . ..... -~_-''ii.I LAW OFFICE EDMRD J.~;WEINTRAVB 2650 NORTPI ,'HIROo}11lEET HARRISBURG, PENNSYLVANIA 17110 17171 238,2200 FAX 17171 238-9280 "Cf5-IB70 C;Vf.t...... ~ ,. r -I ;'f,~+';'-' .' ... . . ..... MARITAL SETTI.EMENT AGREEMENT I. It+ THIS AGREEMENT, made this ~ day of 1996, by and between HARRY LEE STRONG, hereinafter "Husband", and PATRICIA ELLEN STRONG, hereinafter referred to as "Wife." WITNESSETH: WHEREAS, Husband and Wife were lawfully married on June 25, 1965; and WHEREAS, certain differences arose between the parties as a result of which they separated on November 20, 1994, and now live separate and apart from one another, and are desirous of settling fully and finally their respective financial and property rights and obligations as between each other, including, without limitation by specification: the settling of all matters between them relating to the past, present and future support and/or maintenance of Wife by Husband or of Husband by Wife; and in general the settling of any and all claims and possible claims by one against the other or against their respective estates for equitable distribution of all marital property; and a resolution of all mutual responsibilities and rights growing out of the marriage relationship; and WHEREAS, the parties hereto, after being properly advised by their respective counsel, Husband, by his attorney Edward J. Weintraub, Esquire, and Wife by her attorney, Barry J. Peffley, Esquire, have come to the fOllowing agreement. ~ss (Initials) I;' J ( Initials) NOW THEREFORE, in consideration of the above recitals and the following covenants and promises mutually made and mutually to be kept, the parties heretofore, intending to be legally bound and to legally bind their heirs, successors and assigns thereby, covenant, promise and agree as follows: 1. SEPARATION: It shall be lawful for each party at all times hereafter to live separate and apart from the other at such place or places as he or she may from time to time choose or deem fit. 2. INTERFERENCE: 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 nor attempt to endeavor to molest the other, nor compel the other to cohabit with the other nor in any way harass or malign the other, nor in any way interfere with the peaceful existence, separate and apart from the other in all respects as if he or she were single and unmarried. 3. WIFE'S DEBTS: Other than the debts indicated in Paragraph 5 below Wife represents and warrants to Husband that since November 20, 1994, she has not, and in the future, she will not, contract or incur any debt or liability for which Husband or his estate might be responsible and shall indemnify and save Husband harmless from any and all claims or demands made against him by reason of debts -t6~ (Initials) ') r r(,~f' (Initials) 2 or obligations incurred by her. 4. HUSBAND'S DEBTS: Other than the debts indicated in Paragraph 5 below, Husband represents and warrants to Wife that since November 20, 1994, he has not, and in the future he will not, contraLt or incur any debt or liability for which Wife or her estate might be responsible and shall indemnify and save Wife harmless from any and all claims or demands made against her by reason of debts or obligations incurred by him: 5. OUTSTANDING JOINT DEBTS: Husband and Wife acknowledge and agree that they have no outstanding debts and obligations of the Husband and Wife incurred prior to the signing of this Agreement, except as follows: RESPONSIBLE DESCRIPTION AMOUNT PARTY A. Car loan on 1992 Honda Accord $2,135.84 Husband B. Car loan on 1989 Honda Accord ? Wife The parties agree that Husband shall be responsible for Debt A, and Wife shall be responsible for Debt B. Each party agrees to pay the outstanding joint debts as set forth herein and further agrees to indemnify and save harmless the other from any and all claims and demands made against either of them by reason of such debts or obligations. ~(InitialS) .I ~.J (Initials) 3 In the event that either party contracted or incurred any debts, other than those specifically identified herein, since November 20, 1994, the party who incurred said debt shall be responsible for the payment thereof regardless of the name in which the account may have been charged. Husband since final separation has satisfied marital debt of Four Thousand Eighty-Two Dollars and Sixty-Nine Cents ($4,082.69), (which Wife acknowledges), but Husband seeks no credit or reimbursement for Wife's portion. 6 . MUTUAL RELEASE: Subject to the provisions of this Agreement, each party waives his or her right to alimony and any further distribution of property inasmuch as the parties hereto agree that this Agreement provides for an equitable distribution of their marital property in accordance with the Divorce Code of 1980. Subj ect to the provisions of this Agreement, each party has released and discharged, and by this Agreement does for himself or herself, and his or her heirs, legal representatives, executors, administrators and assigns, release and discharge the other of and from all causes of action, claims, rights or demands whatsoever in law or equity, which either of the parties ever had or now has against the other, except any or all cause or causes of action for divorce and except in any or all causes of action for breach of any provisions of this Agreement. Each party also waives his or her right to request marital counseling pursuant to 23 Pa.C.S.A. Section 3302. ~~ (Initials) 1: r 1 h.- (Initials) 4 7. EOUITABLE DISTRIBUTION: A. On or about April 11, 1995 the parties sold their jointly owned marital home at 238 Indian Creek Drive, Mechanicsburg, Pennsylvania, for the gross sales price of $162,500, from which they realized net sales proceeds of $11,582.34, which were divided by mutual agreement of the parties. Husband acknowledges receiving $5,791.17; Wife acknowledges receiving $5,791.17. Wife acknowledges inheriting in April 1991 upon her Father's death an Illinois farm property containing approximately eighty (80) acres, which appreciated in value since the time of her inheritance. Wife will retain this property and any appreciation thereon free and clear of any claim by Husband. Husband shall pay to Wife fifty percent (50%) of his separate property $30,518.40 inherited from his Father, now in a Smith Barney Investment Account and shall deliver to Wife within ten (10) days of execution of this agreement the sum of Fifteen Thousand Two Hundred Fifty-nine Dollars ($15,259). B. CONTENTS OF HUSBAND'S RESIDENCE: As of the date of the execution of this Agreement, Wife shall set over, transfer and assign to Husband all of her right, title, claim and interest in and to the furniture, furnishings, fixtures, goods, appliances, equipment and personal items within the former marital residence, except for these items which Husband will deliver to Wife: 1. Half of family slides and photographs. ID (Initials) .'~ r t G . I (Initials) 5 . Fifty-Two Cents ($22,533.52). Within ten (10) days of execution of this agreement, Husband shall arrange to deliv~r to Wife fifty percent (50%) of this IRA balance or the sum of Eleven Thousand Two Hundred Sixty -six Dollars ($11,266). Husband shall transfer to Wife fifty percent (50%)the marital portion of his Board of Pension Credits with the Presbyterian Church, USA earned between June 25, 1965 and November 20, 1994. The parties will share the cost of preparing a Qualified Domestic Relations Order, if one is required by the Board, to transfer Wife's interest in Husband's pension. F. JOINT BANK AND CHARGE ACCOUNTS: All joint bank and charge accounts, credit card accounts and any other joint accounts shall be terminated and each party shall take those steps necessary to have the other removed as a responsible party from any such account. The parties' checking account with Mellon Bank at the time of separation contained Two Thousand Five Hundred Seventeen Dollars and Twenty-Three Cents ($2,017.23), which Husband utilized to pay support and marital debts, in addition to his own living expenses. Wife acknowledges that fifty (50%) percent of this sum and/or funds in her possession are roughly equivalent and that no further distribution of their cash on hand is required. G. PROPERTY TO WIFE: The parties agree that Wife shall own, possess, and enjoy, free from any claims of Husband, the property awarded to her by the terms of this Agreement. Husband hereby quitclaims, ~~ (Initials) 7 , .re' r ~c.. (Initials) assigns and conveys to Wife all such property together with any insurance policies covering that property, and any escrow accounts relating to that property. This Agreement shall constitute a sufficient bill of sale to evidence the transfer of any and all rights in such property from Husband to Wife. H. PROPERTY TO HUSBAND: The parties agree that Husband shall own, possess, and enjoy, free from any claim of Wife, the property awarded to him by the terms of this Agreement. Wife hereby quitclaims, assigns and conveys to Husband all such property together with any insurance policies covering that property, and any escrow accounts relating to that p!'operty. This Agreement shall constitute a sufficient bill of sale to evidence the transfer of any and all rights in such property from Wife to Husband. I. MISCELI,ANEOUS PROPERTY: All property not specifically addressed herein shall hereafter be owned by the party to whom the property is titled, and if untitled, the party in possession. This Agreement shall constitute a sufficient bill of sale to evidence the transfer of any and all rights in such property from each to the other. J. TAX LIABILITY: The parties believe and agree that the division of property heretofore made by this Agreement is a non-taxable division of property between co-owners rather than a taxable sale or exchange of such property. Each party promises not to take any position with respect to the adjusted basis of the property ~ (Initials) r~r (Initials) 8 assigned to him or her with respect to any other issue which is inconsistent with the position set forth in the preceding sentence on his or her Federal or State income tax returns. B. LIFE INSURANCE: Husband shall maintain and will irrevocably designate Wife as beneficiary of h is existing Ten Thousand Dollar ($10,000) Provident Mutual, formerly Covenant Life, Term Insurance policy. Otherwise, both parties shall continue to own any life insurance policies currently in effect, without restriction as to the designation of beneficiaries. When the parties are divorced, Wife will assume responsibility for the Twenty-Six ($26.00) Dollars annual premium for Provident Mutual Insurance Policy No. 228-456, 'insuring her life. 9. ALIMONY: Except as hereinafter provided both parties mutually waive all support, alimony or maintenance of any kind from the other party. Commencing on May 1, 1995, and continuing for a period of ten (10) years thereafter, Husband shall pay to Wife as alimony, deductible to him and includable to her for tax purposes, the sum of Five Hundred ($500.00) Dollars per month. Husband may seek a modification of this alimony provision in the event that he loses his employment, becomes disabled or otherwise finds it impossible, through no fault of his own, to pay the sum specified in this Agreement. This alimony award shall terminate in the event of Wife's cohabitation, remarriage or death. Wife acknowledges and agrees that the provisions of ~(InitialS) ~-s rG (Initials) 9 this Agreement providing for alimony to her by her Husband are fair, adequate, and satisfactory to her and are based upon her actual need, her Husband's ability to pay, the duration of the parties' marriage and other relevant factors which have been taken into consideration by the parties. Husband acknowledges and agrees that the provisions of this Agreement providing for equitable distribution of marital property are fair, adequate and satiSfactory to him and are accepted by him in lieu of and in full and final settlement and satisfaction of any claims or demands that he may now have or hereafter have against the Wife for support, maintenance or alimony. Husband further voluntarily and intelligently waives and relinquishes any right to seek from the Wife any payment for support or alimony. 10. HEALTH INSURANCE: Husband agrees to continue to provide and pay for Wife's medical and hospitalization coverage until entry of a final Decree in Divorce. Such payments shall not be considered as alimony. Said payments are not included with the income of the Husband within the meaning and intent of Section 71 of the United States Internal Revenue Code of 1954 and not deductible from Wife's gross income pursuant to the provisions of Section 215 of the United States Internal Revenue code of 1954. 11. ALIMONY PENDENTE LITE. COUNSEL FEES AND EXPENSES: Husband and Wife acknowledge and agree that the provisions of this Agreement providing for the equitable ~(Initials) "5. C r", r) (Initials) 10 distribution of marital prop~rty of the parties are fair, adequate and satisfactory to them. Both parties agree to accept the provisions set forth in this Agreement in lieu of and in full and final settlement and satisfaction of all claims and demands that either may now or hereafter have against the other for alimony pendente lite, counsel fees or expenses or any other provision for their support and maintenance before, during and after the commencement of any proceedings for divorce or annulment between the parties. 12. INCOME TAX RETlJRN.5..:. The parties have heretofore filed joint federal and state tax returns. Both parties agree that in the event any deficiency in federal, state or local income tax is proposed, or any assessment of any such tax is made against either of them, each will indemnify and huld harmless the other from and against any loss or liability for any such tax deficiency or assessment and any interest, penalty and expense incurred in connection therewith. Such tax, interest, penalty or expense shall be paid solely and entirely by the individual who is finally determined to be the cause of the misrepresentations or failures to disclose the nature and extent of his or her separate income on the aforesaid joint returns. The parties shall file separately in 1996 and thereafter. 13. WAIVERS 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 \N~ ~ (Initials) .. 1:: rr" \ (Initials) 11 or hereafter acquire, under the prcocnt or future lawo of any jurisdiction, to ohare in the property or the en tate of the other as a result of the marital relationship, including without limitation, dower, curtesy, statutory allowance, widow's allowance, right to take intestacy, right to take against the will of the other, and right to act as administrator or executor of the other's estate. Each will, at the request of the other, execute, acknowledge and deliver any and all instruments which muy be necessary or advisable to carry into effect this mutual waiver and relinquishment of all such interests, rights and claims and both parties will revoke prior wills or testamentary documents. 14. AGREEMENT NOT PREDICATED ON DIVORCE: It is specifically understood and agreed by and between the parties hereto and each of the said parties 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, pros~cution, 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; nor to prevent either party from defending any such action which has been, mayor 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 Wi fe, each to the other, that this Agreement is \ r--I..,C'.::J ---\l.4:: _~ ( In i ti a 1 0) :\,. \ f" , ( Initials) 12 lawful and enforceable and this warranty, covenant and representation is made for the specific purpose of inducing Husband and Wife to execute this Agreement. Husband and Wife each knowingly and understandingly hereby waives any and all possible claims that this Agreement is, for any reason, illegal or for any reason whatsoever, unenforceable in whole or in part. Husband and Wife each do hereby warrant, 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 of this Agreement. 15. SUBSEOUENT DIVORCE, Husband at his cost, by his Counsel has filed an action for divorce under 3301~ of the Divorce Code. On or before May 15, 1996 Wife will consent to the jurisdiction of the Court and simultaneously with the execution of this Agreement will execute her Affidavit of Consent to enable Husband's counsel to obtain a final Decree in Divorce. Husband shall also execute the necessary Affidavit of Consent to proceed with a 3301(c) divorce. Counsel for Husband shall cause the divorce to be finalized as soon as possible. Husband shall pay Wife's reasonable attorneys fees not to exceed One Thousand Dollars ($1,000) within ten (10) days of presentation of itemized bills for services act~ally performed. In the event that such divorce action is concluded, the parties shall be bound by the terms of this Agreement which shall be incorporated by reference into the Divorce Decree, shall not be merged in such ~~ (Initials) r'~ ) l. (Initials) 13 Decree, and shall not be modified except as prohibited herein, but shall in all respects survive the same and be further binding and conclusive upon the parties. This Agreement shall be incorporated for the purposes of enforcement only. 16. BREACH AND ENFORCEMENT: If either party breaches any provision of this Agreement, the other party shall have the right at his or her election, to sue for damages for such breach, or seek such other remedies or relief as may be available to him or her, and the party breaching this Agreement shall be responsible for payment of legal fees and costs incurred by the other in enforcing his or her rights under this Agreement. A. It is expressly understood and agreed by and between the parties hereto that this Agreement may be specifically enforced by either Husband or Wife in Equity, and the parties hereto agree that if an action to enforce this Agreement is brought in Equity by either party, the other party will make no objection on the alleged ground of lack of juriSdiction of said Court on the ground that there is an adequate remedy at law. The parties do not intend or purport hereby to improperly confer jurisdiction on a Court in Equity by this Agreement, but they agree as provided herein for the forum of equity in mutual recognition of the present state of the law, and in recognition of the general jurisdiction of Courts in Equity over agreements such as this one. B. Notwithstanding anything to the contrary herein, Husband and Wife may also proceed with an action at law for redress -P '1:::. (Initials) rf., S ( InitialS) 14 of his or her rights under the terms of this Agreement, and in such event it is specifically understood and agreed that for and in specific consideration of the other provisions and covenants of this Agreement, each shall waive any right to a jury trial so as to expedite the hearing and disposition of such case and so as to avoid delay. C. Each party further hereby agrees to pay and to save and hold harmless the other party from any and all attorney's fees and costs of litigation that either may sustain, or incur or become liable for, in any way whatsoever, or shall pay upon, or in terms or provisions of this Agreement by reason of any of the terms or consequence of any default or breach by the other of any of the terms or provisions of this Agreement by reason of which either party shall be obliged to retain or engage counsel to initiate or maintain or defend proceedings against the other at law or equity or both in any way whatsoever, provided that the party who seeks to recover such attorney's fees, and costs of litigation must first be successful in whole or in part, before there would be any liability for attorney's fees and costs of litigation. It is the specific agreement and intent of the parties that a breaching or wrongdoing party shall bear the burden and obligation of any and all costs and expenses and counsel fees incurred by himself or herself as well as the other party in endeavoring to protect and enforce his or her rights under this Agreement. 17. ADDITIONAL INSTRUMENT: Each of the parties shall from time to time, at the INQ. ~ 0 (Initials) J\ rr,_ , (Initials) 15 request of the othf:!r, 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. 18. VOLUNTARY 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, that it is being entered into voluntarily, with full knowledge of the assets of both parties, and that it is not the result of any duress or undue influence. The parties acknowledge that they have been furnished with all information relating to the financial affairs of the other which has been requested by each of them or by their respective counsel. 19. 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. Husband and Wife acknowledge and agree that the provisions of this Agreement with respect to the distribution and division of marital and separate property are fair, equitable and satisfactory to them based on the length of their marriage and other relevant factors which have been taken into consideration by the parties. Both parties hereby accept the provisions of this Agreement with respect to the division of property in lieu of and in full and final settlement and satisfaction of all claims and demands that they may ~ (Initials) ,:::'. \ , (Initials) 16 now have or hereafter have against the other for equitable distribution of their property by any court of competent jurisdiction pursuant to 23 Pa.c.S.A. Section 3501 ~ ~ or any other laws. Husband and Wife each voluntarily and intelligently waive and relinquish any right to seek a court ordered determination and distribution of marital property, but nothing herein contained shall constitute a waiver by either party of any rights to seek the relief of any court for the purpose of enforcing the provisions of this Agreement. 20. 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. 21. MODIFICATION AND WAIVER: A modification or waiver of any of the provisions of this Agreement shall be effective only if made in writing and executed with the same formality as this Agreement. The failure of either party to insist upon strict performance of any of the provisions of this Agreement shall not be construed as a waiver of any subsequent default of the same or similar nature. 22. PRIOR AGREEMENT: It is understood and agreed that any and all property settlement agreements which mayor have been executed \j;j-R (Initials) .\:' I" t 1-,. ( Initials) 17 prior to the date and time of this Agreement are null and void and of no effect. 23. DESCRIPTIVE HEADINGS: The descriptive headings used herein are for convenience only. They shall have no effect whatsoever in determining the rights or obligations of the parties. 24. INDEPENDENT SEPARATE COVENANTS: It is specifically understood and agreed by and between the parties hereto that each paragraph hereof shall be deemed to be a separate and independent covenant and agreement. 25. APPLICABLE LAW, This Agreement shall be construed under the laws of the Commonwealth of Pennsylvania. 26. VOID CI,AUSES: 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 Agreement and in all other respects this Agreement shall be valid and continue in full force, effect and operation. 27. AGREEMENT BINDING ON HEIRS: This Agreement shall be binding and shall inure to the benefit of the parties hereto and their respective heirs, executors, administrators, successors, and assigns. \NQ ~~~ (Initials) :~' r r(..,c_) (Initials) 18 () ..0 ~ C <,I' ;.." ,., :-.: 'j -n, " (f: ;". : r: .;,71 ~< ;"" ""~ ~ I -,:~ (.,':' -.l - ,', t~; -,' :1'8 ;~( .I..~ ':'.': ~.)h ... r .,~ iSi ~'(' ~(n , , J> . U1 ~ . ~=;;'~17I01 (717) l/38.2200.FAX (7171 231-9210 ,~ , ':-";:?:~:;t~~1;h vs. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 95-1870 CIVIL TERM HARRY L. STRONG, Plaintiff PATRICIA E. STRONG, Defendant IN DIVORCE CERTIFICATE OF SERVICE I, Edward J. Weintraub, Esquire, do hereby certify that on the 11~ day of April, 1995, I served a true and correct copy of Complaint For Divorce in the above captioned matter upon Counsel for Defendant by depositing same in the United States Mail, Harrisburg, Pennsylvania, certified mail/return receipt requested, addressed as follows: Barry J. Peffley, Esquire P. O. Box 6242 Harrisburg, PA Edward J. Weintraub, Esquire 130 Walnut Street Harrisburg, PA 17101 (717) 238-2200 IDU7441 Counsel for Plaintiff ~"o - .:~~~::~:,."(~fr~~~fCf1 - './, }Y~:f~.t:f{':,;... .', .,.. .J.", ." '" <.:0 I-' f W .' ." --:-, ::>.: " ,. - ,< LO ..." u... ,~. I ".,J J I J lu MARITAL SETTLEMENT AGREEMENT THIS AGREEMENT. made this /' -rH- lQ day of 1996, by and between HARRY LEE STRONG, hereinafter refe red to as n \D 0 "Husband", and PATRICIA ELLEN STRONG, hereinafter referl(;Qd ~ alJ ~~j t: 'ij~ "Wife." ;~i} i i~-- WITNESSETH: ~i' ,;1- WHEREAS, Husband and Wife were laWfully marri~f:pn ~un~' ~~. :a '" ~ -j _, Ul WHEREAS, certain differences arose between the parties as a result of which they separated on November 20, 1994, and now live separate and apart from one another, and are desirous of settling 25, 1965; and fully and finally their respective financial and property rights and obligations as between each other, including, without limitation by specification: the settling of all matters between them relating to the past, present and future support and/or maintenance of Wife by Husband or of Husband by Wife; and in general the settling of any and all claims and possible claims by one against the other or against their respective estates for equitable distribution of all marital property; and a resolution of all mutual responsibilities and rights growing out of the marriage relationship; and WHEREAS, the parties hereto, after being properly advised by their respective counsel, Husband, by his attorney Edward J. Weintraub, Esquire, and Wife by her attorney, Barry J. Peffley, Esquire, have come to the following agreement. ~ (Initials) aJ (Initiilln) NOW THEREFORE, in consideration of the above recitals and the following covenants and promises mutually made and mutually to be kept, the parties heretofore, intending to be legally bound and to legally bind their heirs, successors and assigns thereby, covenant, promise and agree as follows: 1. SEPARATION: It shall be lawful for each party at all times hereafter to live separate and apart from the other at such place or places as he or she may from time to time choose or deem fit. 2. INTERFERENCE: 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 nor attempt to endeavor to molest the other, nor compel the other to cohabit with the other nor in any way harass or malign the other, nor in any way interfere with the peaceful existence, separate and apart from the other in all respects as if he or she were single and unmarried. 3. WIFE'S DEBTS: Other than the debts indicated in Paragraph 5 below Wife represents and warrants to Husband that since November 20, 1994, she has not, and in the future, she will not, contract or incur any debt or liability for which Husband or his estate might be responsible and shall indemnify and save Husband harmless from any and all claims or demands made against him by reason of debts ~~ (Initials) f/f,.s '(Initials) 2 or obligations incurred by her. 4. HUSBAND'S DEBTS: Other than the debts indicated in Paragraph 5 below, Husband represents and warrants to Wife that since November 20, 1994, he has not, and in the future he will not, contract or incur any debt or liability for which Wife or her estate might bo responsible and shall indemnify and save Wife harmless from any and all claims or demands made against her by reaoon of debto or obligations incurred by him. 5. OUTSTANDING JOINT DF.BTS: Husband and Wife acknowledge and agree that they have no outstanding debts and obligations of the lIusband and Wife incurred prior to the signing of this Agreement, except ao follows I RESPONSIBLE DESCRIPTION AMOUNT PARTY A. Car loan on 1992 Honda Accord $2,135.84 Husband B. Car loan on 1989 Honda Accord ? Wife The parties agree that Husband shall be responsible for Debt A, and Wife shall be responsible for Debt n. Each party agrees to pay the outstanding joint debts as set forth herein and further agrees to indomnify and Dave harmless the other from any and all claimfl ilnd demands mado agaillst either of them by reason of such debts or ohl i~lati 01111. -P~ (Initials) _jJ--J~ (Initials) 3 In the event that either party contracted or incurred any debts, other than those specifically identified herein. since November 20, 1994, the party who incurred said debt shall be responsible for the payment thereof regardless of the name in which the account may have been charged. Husband since final separation has satisfied marital debt of Four Thousand Eighty-Two Dollars and Sixty-Nine Cents ($4,082.69), (which Wife acknowledges), but Husband seeks no credit or reimbursement for Wife's portion. 6. MUTUAL RELEASE: Subject to the provisions of this Agreement, each party waives his or her right to alimony and any further distribution of property inasmuch as the parties hereto agree that this Agreement provides for an equitable distribution of their marital property in accordance with the Divorce Code of 1980. Subject to the provisions of this Agreement, each party has released and discharged, and by this Agreement does for himself or herself, and his or her heirs, legal representatives, executors, administrators and assigns, release and discharge the other of and from all causes of action, claims, rights or demands whatsoever in law or equity, which either of the parties ever had or now has against the other, except any or all cause or causes of action for divorce and except in any or all causes of action for breach of any provisions of this Agreement. Each party also waives his or her right to request marital counseling pursuant to 23 Pa.C.S.A. Section 3302. ~~ (Initials) ,?s:s ( Initials) 4 7. EOUITABLE DISTRIBUTION: A. On or about April 11, 1995 the parties sold their jointly owned marital home at 238 Indian Creek Drive, Mechanicsburg, Pennsylvania, for the gross sales price of $162,500, from which they realized net sales proceeds of $11,582.34, which were divided by mutual agreement of the parties. Husband acknowledges receiving $5,791.17; Wife acknowledges receiving $5,791.17. Wife acknowledges inheriting in April 1991 upon her Father's death an Illinois farm property containing approximately eighty (80) acres, which appreciated in value since the time of her inheritance. Wife will retain this property and any appreciation thereon free and clear of any claim by Husband. Husband shall pay to Wife fifty percent (SOt) of his separate property $30,518.40 inherited from his Father, now in a Smith Barney Investment Account and shall deliver to Wife within ten (10) days of execution of this agreement the sum of Fifteen Thousand Two Hundred Fifty-nine Dollars ($15,259). B. CONTENTS OF HUSBAND'S RESIDENCE: As of the date of the execution of this Agreement, Wife shall set over, transfer and assign to Husband all of her right, title, claim and interest in and to the furniture, furnishings, fixtures, goods, appliances, equipment and personal items within the former marital residence, except for these items which Husband will deliver to Wife: 1. Half of family slides and photographs. ~(Initials) -., (" F~.,) (Initials) 5 Fifty-Two Cents ($22,533.52). Within ten (10) dayo of execution of this agreement, Husband shall arrange to deliver to Wife fifty percent (50%) of this IRA balance or the sum of Eleven Thousand Two Hundred Sixty -six Dollars ($11,266). Husband shall transfer to Wife fifty percent (50%)the marital portion of his Board of Pension Credits with the Presbyterian Church, USA earned between June 25, 1965 and November 20, 1994. The parties will share the cost of preparing a Qualified Domestic Relations Order, if one is required by the Board, to transfer Wife's interest in Husband's pension. F. JOINT BANK AND CHARGE ACCOUNTS: All joint bank and charge accounts, credit card accounts and any other joint accounts shall be terminated and each party shall take those steps necessary to have the other removed as a responsible party from any such account. The parties' checking account with MelJon Bank at the time of separation contained Two Thousand Five Hundred Seventeen Dollars and Twenty-Three Cents ($2,017.23), which Husband utilized to pay support and marital debts, in addition to his own living expenses. Wife acknowledges that fifty (50%) percent of this sum and/or funds in her possession are roughly equivalent and that no further distribution of their cash on hand is required. G. PROPERTY TO WIFF.: The parties agree that Wife shall own, possess, and enjoy, free from any claims of Husband, the property awarded to her by the terms of this Agreement. Husband hereby quitclaims, ~ (Initials) as (Initials) 7 assigns and conveys to Wife all such property together with any insurance policies covering that property, and any escrow accounts relating to that property. This Agreement shall constitute a sufficient bill of sale to evidence the transfer of any and all rights in such property from Husband to Wife. H. PROPERTY TO HUSBAND: The parties agree that Husband shall own, possess, and enjoy, free from any claim of Wife, the property awarded to him by the terms of this Agreement. Wi fe hereby qui tclaims, assigns and conveys to Husband all such property together with any insurance policies covering that property, and any escrow accounts relating to that property. This Agreement shall constitute a sufficient bill of sale to evidence the transfer of any and all rights in such property from Wife to Husband. I. MISCELLANEOUS PROPERTY: All property not specifically addressed herein shall hereafter be owned by the party to whom the property is titled, and if untitled, the party in possession. This Agreement shall constitute a sufficient bill of sale to evidence the transfer of any and all rights in such property from each to the other. J. TAX LIABILITY~ The parties believe and agree that the division of property heretofore made by this Agreement is a non-taxable division of property between co-owners rather than a taxable sale or exchange of such property. Each party promises not to take any position with respect to the adjusted basis of the property vx.. 2\ (Initials) ~(InitialS) 8 assigned to him or her with respect to any other issue which is inconsistent with the position set forth in the preceding sentence on his or her Federal or State income tax returns. 8. LIFE INSURANCF.: Husband shall maintain and will irrevocably designate Wife as beneficiary of h is existing Ten Thousand Dollar ($10,000) Provident Mutual, formerly Covenant Life, Term Insurance policy. Otherwise, both parties shall continue to own any life insurance policies currently in effect, without restriction as to the designation of beneficiaries. When the parties are divorced, Wife will assume responsibility for the Twenty-Six ($26.00) Dollars annual premium for Provident Mutual Insurance Policy No. 228-456, 'insuring her life. 9 . ALIMONY: Except as hereinafter provided both parties mutually waive all support, alimony or maintenance of any kind from the other party. Commencing on May 1, 1995, and continuing for a period of ten (10) years thereafter, Husband shall pay to Wife as alimony, deductible to him and includable to her for tax purposes, the sum of Five Hundred ($500.00) Dollars per month. Husband may seek a modification of this alimony provision in the event that he loses his employment, becomes disabled or otherwise finds it impossible, through no fault of his own, to pay the sum specified in this Agreement. This alimony award shall terminate in the event of Wife's cohabitation, remarriage or death. Wife acknowledges and agrees that the provisions of \))./~ (Initials) ..., r{cf ( Initials) 9 this Agreement providing for al imony to her by her Husband are fair, adequate, and satisfactory to her and are based upon her actual need, her Husband's ability to pay, the duration of the parties' marriage and other relevant factors which have been taken into consideration by the parties. Husband acknowledges and agrees that the provisions of this Agreement providing for equitable distribution of marital property are fair, adequate and satisfactory to him and are accepted by him in lieu of and in full and final settlement and satisfaction of any claims or demands that he may now have or hereafter have against the Wife for support, maintenance or alimony. Husband further voluntarily and intelligently waives and relinquishes any right to seek from the Wife any payment for support or alimony. 10. HEAJ,TH INSURANCE: Husband agrees to continue to provide and pay for Wife's medical and hospitalization coverage until entry of a final Decree in Divorce. Such payments shall not be considered as alimony. Said payments are not included with the income of the Husband within the meaning and intent of Section 71 of the United States Internal Revenue Code of 1954 and not deductible from Wife's gross income pursuant to the provisions of Section 215 of the United States Internal Revenue code of 1954. 11. ALIMONY PENDENTE LITE. COUNSEL FEES AND EXPF.NSES: Husband and Wife acknowledge and agree that the provisions of this Agreement providing for the equitable ~~ (Initials) ) I'~'..S ( Initials) 10 distribution of marital property of the parties are fair, adequate and satisfactory to them. Both parties agree to accept the provisions set forth in this Agreement in lieu of and in full and final settlement and satisfaction of all claims and demands that either may now or hereafter have against the other for alimony pendente lite, counsel fees or expenses or any other provision for their support and maintenance before, during and after the commencement of any proceedings for divorce or annulment between the parties. 12. INCOME TAX RETURNS: The parties have heretofore filed joint federal and state tax returns. Both parties agree that in the event any deficiency in federal, state or local income tax is proposed, or any assessment of any such tax is made against either of them, each will indemnify and hold harmless the other from and against any loss or liability for any such tax deficiency or assessment and any interest, penalty and expense incurred in connection therewith. Such tax, interest, penalty or expense shall be paid solely and entirely by the individual who is finally determined to be the cause of the misrepresentations or failures to disclose the nature and extent of his or her separate income on the aforesaid joint returns. The parties shall file separately in 1996 and thereafter. 13. WAIVERS 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 ahe may now have V>-D (Initials) r'l,s (Initials) 11 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 intestacy, right to take against the will of the other. and right to act as administrator or executor of the other's estate. Each will, at the 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 and both parties will revoke prior wills or testamentary documents. 14. AGREEMENT NOT PREDICATED ON DIVORCE: It is specifically understood and agreed by and between the parties hereto and each of the said parties 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; nor to prevent either party from defending any such action which has been, mayor 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 ~(Initials) r~J- (InitialS) 12 lawful and enforceable and this warranty, covenant and representation is made for the specific purpose of inducing Husband and Wife to execute this Agreement. Husband and Wife each knowingly and understandingly hereby waives any and all possible claims that this Agreement is, for any reason, illegal or for any reason whatsoever, unenforceable in whole or in part. Husband and Wi fe each do hereby warrant, 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 of this Agreement. 15. SUBSEOUENT DIVORCE: Husband at his cost, by his Counsel has filed an action for divorce under 3301c of the Divorce Code. On or before May 15, 1996 Wife will consent to the jurisdiction of the Court and simultaneously with the execution of this Agreement will execute her Affidavit of Consent to enable Husband's counsel to obtain a final Decree in Divorce. Husband shall also execute the necessary Affidavit of Consent to proceed with a 3301(c) divorce. counsel for Husband shall cause the divorce to be finalized as soon as possible. Husband shall pay Wife's reasonable attorneys fees not to exceed One Thousand Dollars ($1,000) within ten (10) days of presentation of itemized bills for services actually performed. In the event that such divorce action is concluded, the parties shall be bound by the terms of this Agreement which shall be incorporated by reference into the Divorce Decree, shall not be merged in such ~ .~ (Initials) ;:?f: S (Initials) 13 Decree, and shall not be modified except as prohibited herein, but shall in all respects survive the same and be further binding and conclusive upon the parties. This Agreement shall be incorporated for the purposes of enforcement only. 16. BREACH AND ENFORCF.MENT: If either party breaches any provision of this Agreement, the other party shall have the right at his or her election, to sue for damages for such breach, or seek such other remedies or relief as may be available to him or her, and the party breaching this Agreement shall be responsible for payment of legal fees and costs incurred by the other in enforcing his or her rights under this Agreement. A. It is expressly understood and agreed by and between the parties hereto that this Agreement may be specifically enforced by either Husband or Wife in Equity, and the parties hereto agree that if an action to enforce this Agreement is brought in Equity by either party, the other party will make no objection on the alleged ground of lack of jurisdiction of said Court on the ground that there is an adequate remedy at law. The parties do not intend or purport hereby to improperly confer jurisdiction on a Court in Equity by this Agreement, but they agree as provided herein for the forum of equity in mutual recognition of the present state of the law, and in recognition of the general jurisdiction of Courts in Equity over agreements such as this one. B. Notwithstanding anything to the contrary herein, Husband and Wife may also proceed with an action at law for redress \[;x ~ (Initials) Iq;, S (Initials) 14 of his or her rightll under the termll of this Agreement, and in such event it is Ilpecifically understood and agreed that for and in specific consideration of the other provilli ons and covenants of this Agreement. each shall waive any right to a jury trial so as to expedite the hearing and disposition of such case and so as to avoid delay. c. Each party further hereby agrees to pay and to save and hold harmless the other party from any and all attorney's fees and costs of litigation that either may sustain, or incur or become liable for, in any way whatsoever, or shall pay upon, or in terms or provisions of this Agreement by reason of any of the terms or consequence of any default or breach by the other of any of the terms or provisions of this Agreement by reason of which either party shall be obliged to retain or engage counsel to initiate or maintain or defend proceedings against the other at law or equity or both in any way whatsoever, provided that the party who seeks to recover such attorney's fees, and costs of litigation must first be successful in whole or in part, before there would be any liability for attorney's fees and costs of litigation. It is the specific agreement and intent of the parties that a breaching or wrongdoing party shall bear the burden and obligation of any and all costs and expenses and counsel fees incurred by himself or herself as well as the other party in endeavoring to protect and enforce his or her rights under this Agreement. 17. ADDITIONAL INSTRUMENT: Each of the parties shall from time to time, at the ~(Initial[J) /J C r~d (Initials) 15 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. 18. VOLUNTARY EXECUTION: The provisions of this Agreement and their legal effect have been fully explained to the parties by their respective counsel, and eacn party acknowledges that the Agreement is fair and equitable, that it is being entered into voluntarily, with full knowledge of the assets of both parties, and that it is not the result of any duress or undue influence. The parties acknowledge that they have been furnished with all information relating to the financial affairs of the other which has been requested by each of them or by their respective counsel. 19. 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. Husband and Wife acknowledge and agree that the provisions of this Agreement with respect to the distribution and division of marital and separate property are fair, equitable and satisfactory to them based on the length of their marriage and other relevant factors which have been taken into consideration by the parties. Both parties hereby accept the provisions of this Agreement with respect to the division of property in lieu of and in full and final settlement and sati13faction of all claims and demands that they may ~(Initials) 16 ~rf (Initials) now have or hereafter have against the other for equitable distribution of their property by any court of competent jurisdiction pursuant to 23 Pa.C.S.A. Section 3501 ~ ~ or any other laws. Husband and Wife each voluntarily and intelligently waive and relinquish any right to seek a court ordered determination and distribution of marital property, but nothing herein contained shall constitute a waiver by either party of any rights to seek tne relief of any court for the purpose of enforcing the provisions of this Agreement. 20. 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. 21. MODIFICATION AND WAIVER: A modification or waiver of any of the provisions of this Agreement shall be effective only if made in writing and executed with the same formality as this Agreement. The failure of either party to insist upon strict performance of any of the provisions of this Agreement shall not be construed as a waiver of any subsequent default of the same or similar nature. 22. PRIOR AGREEMENT: It is understood and agreed that any and all property settlement agreements which mayor have been executed ~(InitialS) h.-r (Initials) 17 prior to the date and time of this Agreement are null and void and of no effect. 23. DESCRIPTIVE HEADINGS: The descriptive headings used herein are convenience only. They shall have no effect whatsoever determining the rights or obligations of the parties. 24. INDEPENDENT SEPARATE COVENANTS: It is specifically understood and agreed by and between the parties hereto that each paragraph hereof shall be deemed to be a separate and independent covenant and agreement. 25. APPI,ICABLE I,AW: This Agreement shall be construed under the laws of the Commonwealth of Pennsylvania. 26. VOID CLAUSES: 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 Agreement and in all other respects this Agreement shall be valid and continue in full force, effect and operation. 27. AGREEMENT BINDING ON HEIRS: This Agreement shall be binding and shall inure to the benefit of the parties hereto and their respective heirs, executors, administrators, successors, and assigns. for in ~ (Initials) ~(Initials) 18 .. ,. " , '.~ J ," - ! ~' , ,~'1 , \1) , .;~ ','\ ,('1 ."'\ ~ i ') In , , , " ! .- .'1 ,-) -. @) 0' ,... --. 1. . '-./