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HomeMy WebLinkAbout95-02302 ] :3 ..~ :3 ~ j , 3'q1~1~ft.:::~~"~,:i';'~ ~~\,'; :!~Hir~~r"; T:'~-': '-'7~':,.;~:;L ~),~,;} ~:' ~ 110" ,., ,_.~,~_._ .rt. ~...... . . 8' NO.fN_"....'4T1lUT lit. O. 110M ,..., HA....IBIU..O PENNSYLVANIA l?toe-1M? ~ SUZANN L. WOODS, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 95-2302 CIVIL TERM v. GREGORY E. WOODS, Defendant CIVIL ACTION - LAW IN DIVORCE PRAECIPE TO TRANSMIT RECORD TO THE PROTHONOTARY: Transmit the record, together with the following information, to the Court for entry of Divorce Decree: 1. Ground for Divorce: Irretrievable breakdown under Section 3301(c) of the Divorce Code. 2. Date and Manner of Service of Complaint: Service was accepted by the Defendant, Gregory E. Woods on the 4th day of May 1995, pursuant to an Acceptance of Service which was filed May 9, 1995. 3. Date of Execution of the Affidavit of Consent Required by Section 3301 (c) of the Divorce Code: by Suzann L. Woods, Plaintiff, on December 18, 1995; by Gregory E. Woods, Defendant, on December 19, 1995. 4. Related Claims Pending: None. 5. Date and manner of service of the notice of intention to file praecipe to transmit record, a copy of which is attached, if the decree is to be entered under section 3301 (c) of the Divorce Code: Respectfully submitted, CLECKNER AND FEAR EN Date: f1(( HI/J(( ) ,,' I't~\ . ( I ) / ,0) Je nife L. Lehman, Esquire Attorney I.D. #52784 31 North Second Street Harrisburg, PA 17101 (717) 238-1731 By: " . . . .:.. ~. - ~~ ........ " 0 ,!) p ~:; '-'1 .. --: ~ f , ':::J "J , '1 '-1':-rJ r", , .;, , .11"__- :,,' ~ , :1!~ ,.' ''::1 .J " ;liJ ......, -, ~.?(*) ., , r:-? om 1. , ~ .. :t1 -. ,,,-, -< " . "rrg"NaT. 'IT '-"W' It NOIITH ,...,.......TIIUT P. 0, IIOX 11...7 HARRISBURG PENNSYLVANIA 1710l-lM7 . -.' -~..~".. SUZANN L. WOODS, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 2302-S-1995 GREGORY E. WOODS, Defendant CIVIL ACTION - LAW IN DIVORCE AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed on April 28, 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. 3. I consent to the entry of a final Decree of Divorce. 4. I understand that I may lose rights concerning alimony, division of property, attorneys' fees or expenses if I do not claim them before divorce is granted. 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. ~499~ relating to unsworn falsification to authorities '..f! . ./// # !. (ec.' t 'P' t7}~ GREGO DATE: 12/10/9)--- . ./ Sworn to and subscr~bed before me this I f'l-h day of tff2Rr!.R..M..tu~l., 1995. QfaJ;hJ,( Notary Public My Commission Expires: i, I j C'I"" II' . '. j. "'.f'd~'C. ....' j, ,,', 11'. 1\ " ,1\' I'" r.~)'o',I" ':." 1 1: lr,('41 t.,,':-:DTi~;:7j: -:-::~, ",,~,.. ~..,., .....: ,~':'. , '.; ,~&:) A.. 'Q" ~ " , .,. (-, ':~~ (.:1 "il .~l , " -t , ,'.) -I: -fl I' , ') '''l!:j -- ~ , , U) i 'J ' ..., :-J~? ,.-J " :.':!r\ - ':.1 ~ Ljln . . n~ '-') .r:- ~- ~q -<. c.:> ..... , ...."" ., "0......-..0 .'t1I..., ..: ......., . '.0. 110M II"',. .' . ; HA"""'U"G PENNSYLVANIA 1710101847 SUZANN L. WOODS, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 2302-S-1995 CIVIL ACTION - LAW IN DIVORCE v. GREGORY E. WOODS, Defendant AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under Section 3301 (c) of the ~ivorce Code was filed on April 28, 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. 3. I consent to the entry of a final Decree of Divorce. 4. I understand that I may lose rights concerning alimony, division of property, attorneys' fees or expenses if I do not claim them before divorce is granted. 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. ~4904 relating to unsworn falsification to authorities. DATE: /J//9!9J-:' ~~~J>! ILUJ / S ANN L. WOODS , Sworn to and subs~r~bed before me this ly'Hl day of t&(!HX-WlL.., 1995. Vt!--fM~K(2U~ Notary Public My Commission Expires: t--~~lj\:'''''~~'~.ll;';'\:lJ:''}",,,,. \ '..'\~..' - ,<. -:"~'1lll:(l ".1~~""'~_J -. , t.:'. ..,. ,."/ '. .' " " ..' ;..-. t", -; ..._.~----;.._, c> ...":1 0 ~:.-..; ,-" ... ,.':") ::1 ~, , '. ."~ I,.... :, ;,1- ..-i-' - ~1~ II.. W :lj ::J ',J , ; ~. I ..-, .:-~ ,':(1 -" qh' ~. . t-_~ ~ ... , " - ~\ .c- '- ~1 ::i:1 -.. C') "" .,. cognizant of his right to legal representation, declares that it is his express, voluntary and knowing intention not to avail himself with respect to the preparation and execution of this Agreement. HUSBAND further declares that he is executing this Agreement freely and voluntarily, having obtained such knowledge and disclosure of his legal rights and obligations and the he acknowledges that this Agreement is fair and equitable and is not the result of any fraud, coercion, duress, undue influence or collusion. NOW, THEREFORE, in consideration of the premises and of the mutual promises, covenants and undertakings hereinafter set forth and for other good and valuable consideration, receipt of which is hereby acknowledged by each of the parties hereto, WIFE and HUSBAND, each intending to be legally bound, hereby covenant and agree as follows: SECTION A. GENERAL PROVISIONS A.1 INTERPERENCE: 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 f rom the other, and each of the 2 parties hereto completely understand and agree that neither shall do or say anything to the children of the parties at any time which might in any way influence the children adversely agi'l inst the other party. A.2 MUTUAL CONSENT DIVORCEt The parties acknowledge that WIFE has commenced an action for divorce in the Court of Common Pleas of Cumberland County at Docket No. 2302-A-1995. 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 sign and have acknowledged an Affidavit of Consent to a divorce with the intent that said Affidavits shall be immediately transmitted to WIFE'S counsel to be filed with a Praecipe to Transmit Record and Vital Statistics form to precipitate the prompt entry of a decree of divorce. A.3 EFFECT OF DIVORCE DECREEI The parties agree that unless otherwise specifically provided herein, this Agreement shall continue in full force and effect after such time as a final Decree in Divorce may be entered with respect to the parties. A.4 DISTRIBUTION DATE t The transfer of property, funds and/or documents provided for herein, shall only take place on the "distribution date" which shall be defined as the date of execution of this Agreement unless otherwise specified herein. However, the 3 support and/or alimony payments, if any, provided for in this Agreement shall take effect as set forth in this Agreement. A,S EXECUTION DATEt The phrase "date of execution" or "execution date" of this Agreement shall be defined as the date upon which the last party signed this Agreement. 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 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 4 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 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 OBLIGATIONSt 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 5 execution of this Agreement, except as set forth below, the party 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',L'uKE OBLIGATIONS: WI FE and HUSBAND each covenants, represents, warrants and agrees that, except as may be otherwise specif ically 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 expenses, including attorneys' fees, relating thereto incurred by the other party after the date of the execution of this Agreement. 6 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. SECTION B. CUSTODY This Agreement represents FATHER'S and MOTHER'S best efforts and thinking about how their relationship with KEVIN and JOEL (hereinafter "CHILDREN"), will work in the future. FATHER and MOTHER believe their CHILDREN need to have two parents who love and are involved with them. It is their intention to support each other's relationship to their CHILDREN and share parental duties and responsibilities as outlined below. B.1 CUSTODY ARRANGEMENT, FATHER and MOTHER shall have shared legal and shared physical custody the CHILDREN. Each parent shall be responsible for the day-to-day decisions when the CHILDREN are in that parent's home. Neither parent has the right to make a unilateral decision on education or medical treatment (other than wellcare or emergency care). before decisions are made. These will be discussed jointly 7 Each parent agrees to keep the other apprised of any and all matters related to the CHILDREN'S health, education, and activities. Both further agree that each shall have equal access to all information concerning the CHILDREN. B,2 MUTUAL COOPERATION: In recognition of the age of their minor children, it is the intent of both FATHER and MOTHER to remain flexible and discuss the wants and needs of the CHILDREN in deciding temporary custody and visitation, to include all holidays and special events. Each parent acknowledges their personal responsibility of encouraging each child to maintain a good relationship with the other party. B.3 RELOCATION OF PARENT: Both parties agree that should HUSBAND or WIFE decide to relocate, the burden of transportation for exchanging the CHILDREN will primarily be born by the parent relocating. B.4 MEDIATION: HUSBAND and WIFE further agree in good faith to submit future disputes concerning their minor CHILDREN that they are unable to resolve privately to a mediator or mental health professional before they seek recourse from the courts, except in emergency situations. 8 SECTION C. CHILD SUPPORT C.l CHILD SUPPORT, HUSBAND hereby agrees to assume all costs for the minor CHILDREN including, but not limited to clothing, activities, and unreimbursed medical, dental and optical costs. In recognition of HUSBAND'S assumption of the total financial responsibility for the activity expenses, clothing, medical expenses, and future responsibility for college education of both CHILDREN, both HUSBAND and WIFE waive the right to receive child support from the other party. WIFE further agrees that should she have HUSBAND assessed for child support in the future, that any amount assessed to HUSBAND will result in a dollar for dollar reduction per month in any alimony WIFE should be receiving. Similarly, should HUSBAND assess WIFE for child support in the future, WIFE'S alimony shall increase dollar for dollar by any amount assessed to WIFE for child support. C.2 HEALTH INSURANCE COVERAGE FOR CHILDREN, HUSBAND and WI FE agree to consult with each other annually regarding the most efficient and economic health coverage that is available through each persons respective employer with the intent to provide the minor CHILDREN with the optimum continuous medical, dental and vision coverage. Currently the CHILDREN are coveraged under HUSBAND'S health care plan through his employer, The Patriot News Company, with Blue Cross/Blue Shield under the plan numbers QBD208- 38-5653, Group No. 020534055. The parties have agreed pursuant to 9 paragraph C.1 hereof that HUSBAND shall assume sole liability for any unreimbursed medical expenses incurred on behalf of the parties' minor CHILDREN. C,4 COLLEGE EXPENSES: HUSBAND agrees to assume responsibility for all reasonable college and/or higher education training costs, for a period not to exceed five years for each child, to age 23 or upon graduation from higher learning or training, whichever comes first. HUSBAND'S responsibility, pursuant to this paragraph will be to the best of his ability after all other avenues of financial aid have been exhausted. This may include student parent loans. Reasonable costs shall include tuition and room and board. HUSBAND and WIFE agree that this shall include any independent assessment for financial responsibility that WIFE may receive for the CHILDREN'S education by the educational institution. SECTION D. ALIMONY. ALIMONY PENDENTE & COUNSEL FEES 0.1 ALIMONY: HUSBAND hereby agrees to and shall pay to WIFE the sum of $340 per month as alimony, which said payment shall commence January 1, 1996, and continue for 30 months thereafter through, and including June of 1998. In addition to the above monthly payments, HUSBAND shall pay to WIFE the sum of $1,000 upon the signing of the divorce agreement. Two additional payments of $1,000 each shall be due on July 1, 1996, and again on July 1, 10 1997. The above described alimony payments shall not be subject to modification except in accordance \/ith paragraph C.1 hereof. Further, the above alimony payments shall not terminate upon WIFE'S remarriage or cohabitation. Commencing July 1, 1998, and continuing for 12 months thereafter through and including June 1, 1999, HUSBAND shall pay to WIFE as alimony the sum of $240 per month. Commencing July 1, 1999, HUSBAND agrees to and shall pay WIFE the sum of $100 per month for the next 12 months until and through the month of June 2000. The alimony payments commencing July 1998 and continuing through June 2000 shall continue until WIFE'S remarriage or cohabitation or July 2000 whichever shall first occur. It is the express intention of the parties that the payment of alimony as herein provided by this section shall be qualified as alimony payments under the Internal Revenue Code and shall be taxable income to WIFE and shall be tax deductible to HUSBAND. D.2 COUNSEL PEES. EXPENSES AND MEDIATION PEES: HUSBAND agrees to assume the costs and payments of all costs connected with mediation, inCluding the preparation of the mediation agreement. WIFE agrees to assume the costs of counsel fees to finalize the divorce and all other necessary costs required by counsel to resolve the current divorce issues. 11 SECTION E. EQUITABLE DISTRIBUTION OF PROPERTY E.1 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 first marriage and the HUSBAND'S first 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 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. 12 The division of property under this Agreement shall be in full satisfaction of all marital rights of the parties. E.2 DIVISION OF PERSONAL PROPERTY: 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 upon request. The above di':::'sion of property shall include any insurance policies covering that property and escrow accounts relating to that property. E.3 DIVISION OF REAL PROPERTY: Contemporaneous with the execution hereof, WIFE shall transfer to HUSBAND all of WIFE'S right, title and interest in and to the real property located at 2215 Dickinson Avenue, Camp Hill, Cumberland County, pennsylvania (hereinafter referred to as "marital residence") subject to those liens, judgments or mortgages of record as of the date of conveyance, all of which shall thereafter be the sole and exclusive obligation of the HUSBAND. HUSBAND further covenants and agrees that he will indemnify and hold WIFE harmless from any and all liability, expense, cost or loss whatsoever as a result of his nonpayment or nonperformance of the said mortgage and mortgage 13 " conditions. The parties acknowledge that the current mortgage against the marital residence is being held by CUNA Mortgage Corporation, Account No. 0001186143, with an approximate balance of $174,000. HUSBAND shall use his best efforts to obtai.n a release of liability for WIFE on the said mortgage within two years of the date hereof. In the event that HUSBAND fails to obtain the said release of WIFE by December 31, 1997, HUSBAND shall be required to place the marital residence for sale in order to satisfy the above mortgage held by CUNA. WIFE shall not be entitled to recieve any of the net proceeds of this sale. WIFE agrees that as of the date of execution of this Agreement, any and all homeowners policies, title policies, and any other policy of insurance with respect to the marital residence shall be endorsed to reflect HUSBAND as sole owner thereof and she further agrees that HUSBAND shall be entitled to receive any payments now or hereafter due under any such insurance policy. E.4 AUTOMOBILES: With respect to the motor vehicles owned by one or both of the parties they agree as follows: a) HUSBAND agrees that WIFE shall retain possession of and receive as her sole and separate property the 1995 Toyota Camry purchased by WIFE on August 5, 1995, along with all rights under any insurance policies thereon and with all responsibility for payment of any outstanding 14 indebtedness pertaining thereto and insurance thereon, free of any right, title, claim or interest of HUSBAND. Both parties acknowledge that the said property is titled in WIFE'S name alone and was purchased by WIFE using a portion of the proceeds from her share of property distribution as ratified herein. Accordingly, HUSBAND agrees that the 1995 Toyota Camry is not marital property and is not subject to distribution. b) WIFE agrees that HUSBAND shall retain possession of and receive as his sole and separate property the 1985 Toyota Cressida and 1987 Toyota LE van along with all rights under any insurance policies thereon and with all responsibility for payment of any outstanding indebtedness pertaining thereto and insurance thereon, free of any right, title, claim or interest of WIFE. The title to the said motor vehicles shall be executed by the parties, if appropriate, for effecting transfer as herein provided, on the date of execution of this agreement and said executed title shall be delivered to the proper party on the distribution date. E.5 PENSION I WIFE hereby waives any and all rights, title, interest or claim that she may have in and to HUSBAND'S retirement benefits (including, but not limited to pension or profit sharing, deferred compensation, 401K or other similar plans or benefits of 15 " HUSBAND) specifically to include a waiver of her interest in HUSBAND'S pension with the Patriot News Company and a waiver of WIFE'S interest in HUSBAND'S individual retirement account located at Dauphin Deposit Bank, Harrisburg, Pennsylvania, account no. 0221563001. E.6 INVESTMENT ACCOUNTS AND STOCKSl WIFE hereby waives and releases any and all rights and interests in the following investments: a) Dean Witter Money Market Account in the approximate amount of $3,000; b) Stocks (PP&L RES) in the approximate amount of $4,600. The above accounts shall become the sole and exclusive property of HUSBAND. E.7 LUMP SUM PAYMENT TO WIFEl As part of the equitable distribution of the parties marital property, WIFE received $15,000 on February 18, 1995. HUSBAND further agrees that he shall pay to WIFE the sum of $44,654 in the following manner: a lump sum of $24,654 shall be paid upon execution of this Agreement. The balance of $20,000 shall be paid in four equal payments of $5,000 each payable on December 1st of 1996, 1997, 1998 and 1999 calendar years. The parties agree that the lump sum and periodic payments beginning February 18, 1995 and ending December 1st, 1999, are in 16 the nature of property distribution and shall not qualify as alimony. E.8 CEMETERY LOTS I The parties are j oint owners of four cemetery lots located in Row W, Block 2, Section 4 of the St. John's Lutheran Church Cemetery in Shiremanstown, Pennsylvania. HUSBAND will transfer ownership of 2 lots to WIFE for her to receive as her sole and separate property along with all rights associated with the property and with all responsibility for payment of any outstanding indebtedness or future assessment pertaining thereto, free of any right, title, claim or interest of HUSBAND. WIFE'S lot shall be the lot which is adjacent to the grave of their deceased child, Todd Gregory Woods, and the lot on the same end. WIFE will transfer ownership of the two remaining lots to HUSBAND for his to receive as his sole and separate property, along with all rights associated with the property and with all responsibility for payment of any outstanding indebtedness or future assessment pertaining thereto, free of any right, title, claim or interest of WIFE. Both parties agree they will offer the lots to each other first before selling or transferring ownership to third parties. 17 E.9 FAMILY' PET CEMETERY' LOTS I HUSBAND and WIFE are joint owners of three pet lots in the Pine View Pet Cemetery, Rolling Green Cemetery, located in Camp Hill, Lower Allen Township, Pennsylvania. Three family cats are buried in these lots: a calico cat named Michele, a Siamese cat named Tigger, and a grey and white domestic short haired cat named Susie. Accompanying these lots are a brass plaque and vase. The parties agree that they shall remain joint owners of these lots and further agree not to hinder, interfere or deny the free access of the other party to visit or display items on these lots. Any further fees received regarding these lots will be shared equally between the parties. E.10 ~IFE INSURANCEI HUSBAND hereby waives and relinguishes to WIFE any and all right, title or interest or claim that he has or may have had in certain Penn Mutual Life Insurance Company Policy No. 90~8718, heretofore owned by WIFE and having a total cash value of $5,414. WIFE hereby waives and relinquishes to HUSBAND any and all right, title, interest or claim that she has, or may have had, in certain Penn Mutual Life Insurance Policy No. 9038719, heretofore owned by HUSBAND and having a total cash value of $17,278. 18 SECTION J. iNlQRCEMENT AND STANDARD PROVISIONS J.l BREACH I It is expressly stipulated that if either party fails in the due performance of any of his or her material obligations under this Agreement, the other party shall have the right, at his or her election, to sue for damages for breach thereof, to sue for specific performance, or to seek any other legal remedies as may be available, and the defaulting party shall pay the reasonable legal fees for any services rendered by the non- defaulting party's attorney in any action or proceeding to compel performance hereunder. J.2 ADDITIONAL DOCUMENTSI Each party shall, at any time and from time to time hereafter, take any and all steps and execute, acknowledge and deliver to the other party any and all further instruments and/or documents that the other party may reasonably require for the purpose of giving full force and effect to the provisions of this Agreement. J.3 ENTIRE AGREEMENTI This Agreement constitutes the entire understanding of the parties and supersedes any and all prior agreements and negotiations between them. There are no other representations, terms, covenants, conditions, agreements or warranties, express or implied, oral or written of any nature whatsoever, other than those expressly set forth herein. 21 '"'1 , (J I;:' (...-, :-. 'I -'1;.'; ..~ ".' [ .:; I 'J ,"i';ry - , l'..'l r'" l.:., "!~ I \. .O( . :--... IJ~] .." ~I '".-to, t.:.~j :'";:i'1 .'-' (.' ~ ,\". " :) ,~ ;,..' -, -- :..., '""