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in lieu of and in full discharge, settlement and satisfac-
tion of all such rights and claims.
NOW, THEREFORE, in consideration of the premises and of
the marriage, and in further consideration of the mutual
promises and undertakings hereinafter set forth, each in-
tending to be legally bound hereby, the parties agree as
follows:
1. 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 provisions 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.
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,
3. WIFE'S DEBTS. Wife represents and warrants to
Husband that as of the date of separation she has not in-
curred, and in the future she will not contract or incur,
-2-
any debts or liability for which Husband or his estate might
be responsible and shall indemnify and save harmless Husband
from any and all claims or demands made against him by
reason of debts or obligations incurred by her. Any and all
loans and/or debts, and charge accounts, presently in Wife's
name alone shall be Wife's sole and separate responsibility
for payment. Wife agrees to indemnify and save harmless
Husband from any loss he may sustain, including attorney
fees, as a result of any default in payment by Wife.
4. HUSBAND'S DEBTS. Husband represents and warrants
to Wife that as of the date of the separation he has not
incurred, and in the future he will not contract or incur,
any debt or liability for which wife or her estate might be
responsible and shall indemnify and save harmless Wife from
any and all claims or demands made against her by reason of
debts or obligations incurred by him. Any and all loans
and/or debts, and charge accounts, presently in Husband's
name alone shall be Husband's sole and separate responsibil-
ity for payment. Husband agrees to indemnify and save
harmless Wife from any loss she may sustain, including
attorney fees, as a result of any default in payment by
Husband,
-3-
5, EOUITABLE DISTRIBUTION. Husband and Wife acknowl-
edge 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 rele-
vant factors which have been taken into consideration by the
parties, Both parties hereby accept the provisions of this
Agreement with respect to division of property in lieu of
and in full and final settlement and satisfaction of all
claims and demands that they may now have or hereafter have
against the other for the equitable distribution of their
property by any court of competent jurisdiction pursuant to
section 3502 of The Divorce Code or any other laws. Husband
and Wife yoluntarily and intelligently waive and relinquiSh
any right to seek a court ordered determination and distri-
bution 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,
6, DIVISION OF PERSONAL PROPERTY AND VEHICLES. The
parties have divided between them, to their mutual satisfac-
tion, the personal effects, bank accounts, household furni-
ture and furnishings and all other articles of personal
property which have heretofore been used by them in common,
-4-
The parties expressly agree that Wife shall be entitled
to exclusive ownership of the 1992 Ford Probe vehicle which
is currently in her possession, and that Husband shall
relinquish any and all interest he may have in same. Wife
agrees to be solely responsible for payment of any and all
encumbrances and expenses affecting such vehicle. Husband
shall be entitled to exclusive ownership of the 1988 Ford
Aerostar Van and 1983 Honda vehicles which are currently in
his possession, and Wife shall relinquish any and all inter-
est she may have in same. Husband agrees to be solely re-
sponsible for payment of any and all encumbrances and ex-
penses regarding such vehicles.
The parties further agree to execute any vehicle ti-
tles, Power of Attorney or other documents necessary to give
-I
this Paragraph full force and effect, upon request.
7, PENSIONS AND EMPLOYMENT BENEFITS. Husband and
.,
Wife are the owners of certain pension plans and/or retire-
ment plans and/or employee stock or savings plans, which
they have accumulated during the course of their past and
present employment. It is hereby specifically agreed that
Husband and Wife each shall forever relinquish to the other
his or her right, title and interest in said pension plans
and/or retirement plans and/or employee stock or savings
plans, as well as all other employment benefits, of the
-5-
Agreement, or to defend against its enforcement or any
portion thereof based upon the absence of such a disclosure
by the other party, or based upon any claim that it is
inequitable, unconscionable or does not make a reasonable
provision for one or the other of them.
12. ~REACH. If either party breaches any provisions
of this Agreement, the other party shall have the right, at
his or her election, to sue for damages for such breach,
including legal fees and expenses, or seek such remedies or
relief as may be available to him or her respectivelY.
13. ADDITIONAL INSTRUMENTS, Each of the parties shall
from time to time, at the request of the other, execute,
acknowledge, and deliver to the other party any and all
further instruments that may be reasonablY required to give
full force and effect to the provisions of this Agreement.
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14. YOLUNTARY EXECUTION. The provisions of this
Agreement and their legal effect have been fully explained
to Husband by Max J. smith, Jr., Esquire, attorney for
Husband, and each party acknowledges that the Agreement is
fair and equitable, that full disclosure has been made by
each respective party to the other, that it is being entered
into voluntarilY, and that it is not the result of any
-7-
duress or undue influence. Wife and Husband acknowledge
that they have been furnished with all information relating
to the financial affairs of the other, which has been re-
quested by them respectively. wife has been advised of her
right to retain independent legal counsel to advise her
concerning this Agreement and the pending divorce action
between the parties, and acknowledges that she has waived
such right.
15, NO-FAULT DIVORCE. Both parties agree to execute
an Affidavit of Consent and Waiver of Counseling to facili-
tate entry of a divorce decree pursuant to section 3301(C)
of the Divorce Code at the expiration of ninety (90) days
from the date of divorce Complaint filing in the divorce
proceeding instituted by Husband docketed to No. 95-4628,
Court of Common Pleas of Cumberland County, Pennsylvania.
16. WAIVER OF CLAIMS AGAINST ESTATE. Except as herein
otherwise provided, each party may dispose of his or her
property in any way, and each party hereby waives and relin-
quishes any and all rights he or she may now or hereafter
acquire, under the present or future laws of any jurisdic-
tion, 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
-8-
allowance, right to take property against the Will of the
other, and the right to act as administrator or executor of
the other's estate, and each will, at the request of the
other, execute, acknowledge and deliver any and all instru-
ments which may be necessary or advisable to carry into
effect this mutual waiver and relinquishment of all such
interest, rights and claims.
17. INCORPORATION OF AGREEMENT FOR ENFORCEMENT. This
Agreement shall bind the parties hereto and their respective
heirs, executors, administrators, legal representatives and
assigns. This Agreement shall survive a decree of divorce
between the parties in any juriSdiction and any other order
which may be entered in accordance with this Agreement. In
the event that a Decree of Divorce is entered in the Court
of Cornmon Pleas of Cumberland County, Pennsylvania or in the
event that a Decree in Divorce is entered in any other
juriSdiction, the parties agree to incorporate this Agree-
ment in the Divorce Decree for purposes of enforcement, It
is the specific intent of the parties to be bound by the
provisions hereof in lieu of any other claim or order of
support, maintenance, alimony, equitable distribution,
counsel fees, costs, maintenance of insurance, equitable
relief or property settlement or with regard to any other
claim for relief which might be brought by either party
-9-
against the other, or with regard to any other provision
hereof, In the event that any final order of court is
entered in any jurisdiction with respect to the parties
hereto which is contrary to the provisions hereof, then the
rights and responsibilities of each of the parties hereto
shall be relieved or adjusted to the extent necessary to
conform to this Agreement.
lB. ENTIRE AGREEMENT. This Agreement contains the
entire understanding of the parties, and there are no repre-
sentations, warranties, covenants or undertakings other than
'those expressly set forth herein.
19. MODIFICATION AND WAIVER. A modification or waiver
of any of the provisions of this Agreement shall be effec-
tive 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 or any
subsequent default of the same or similar nature.
20, 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.
-10-
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vs.
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 95-Lf~2.8 Civil Term
WILLIAM K. McNITT, JR"
Plaintiff
PAULA E. McNITT,
Defendant
CIVIL ACTION - LAW
IN DIVORCE
NOTICE TO DEFEND AND CLAIM RIGHTS
YOU HAVE BEEN SUED IN COURT, If you wish to defend
against the claims set forth in the fOllowing pages, you
must take prompt action. You are warned that if you fail to
do so, the case may proceed without you and a decree of
divorce or annulment may be entered against you by the
court. A judgment may also be entered against you for any
other claim or relief requested in these papers by the
plaintiff. You may lose money or property or other rights
important to you, including custody or visitation of your
children.
When the ground for the divorce is indignities or
irretrievable breakdown of marriage, you must request mar-
riage counseling. A list of marriage counselors is avail-
able in the Office of the Prothonotary at
CUMBERLAND COUNTY COURTHOUSE
CARLISLE, PENNSYLVANIA 17013
IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF
PROPERTY, LAWYER'S FEES OR EXPENSES BEFORE A DIVORCE OR
ANNULMENT IS GRANTED, YOU MAY LOSE THE RIGHT TO CLAIM ANY OF
THEM.
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF
YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR
TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU
CAN GET LEGAL HELP,
COURT ADMINISTRATOR
CUMBERLAND COUNTY COURTHOUSE, 4th FLOOR
1 COURTHOUSE SQUARE
CARLISLE, PENNSYLVANIA 17013 3387
(717) 240-6200
/], Cy 'i-l
Y;ll" HJchLJ)
MAX J. SMITH, ~R., Esquire
Attorney for Plaintiff
P,O, Box 650
Hershey, PA 17033
(717) 533-3280
"10611' NY NO
COUNTY
Cumberl and
1. HAUE
IFnI}
William
C()t,It,IOtMIfAl1H 0' ptHNIYlWflA
PfNJl1"''''' 0.' "AU"
\'ITAL "ECORDI
RECORD OF
DIVORCE OR ANNULMENT
00 (CHECK ONE) 0
81ATE FILE NUIolBER
STATE fiLE DATE
HUSBAND
(UlU . DATE l,..",tltJ 10111 ""
McNitt. Of' 06 26 1953
Jr. BIRTH
Coon", s.... .. P\ACE (SUI. 01 FOtJ9't C4un1'"
Dauphin, PA Of' Pennsylvania
BJ/lTH
7. USUAl. OCCUPATION
IWI(JdI/I)
K.
3. RESIDENCE SrrHf 0/ R-O CIty. 1JOro. 0/1wp
887 Meadow Lane, Hershey,
6. HUUBER I RACE.
OF THIS WHITE
....R....aE 1 []Il
e. MAIDEN H......E
Snyder
10 RESIDENCE
544 Walnut
,Fnll
Paula
$frHftJIR,O
St., Apt.
. RACE
WHITE
[!J
11. NUIolBER
OF THIS
MARRIAGE
1
16. PLACE Of ICouI'Ityl
THIS
l.lAARIAOE
17A NUMBER OF
CHILDREN THIS
UARRIAGE
Mifflin
17B NUUSER OF DEPENDENT
CHILDREN UNDER 1.
2
HUSBAND
[!]
1
WiFE
o
SPLIT CUSTODY
o
20 NUMBER OF
CHILDREN 10
CUStODY OF
22. DATE OF DECREE
,.....1>)
,.. SIGNATURE OF
TRANSCRIBING CLERI(
BLACK
o
OTHER 18-'>1
o
WIFE
Dairy foods assistant advisor
(""IddII,
E;
I. DATE
OF
BIRTH
11. PLACE
OF
BIRTH
". USUAL OCCUIlAT)ON
lUlU
McNitt
eft)'. Boto. f)I' JWp County s",.
14, Lemoyne, Cumberland, PA
I-Ill)
11
(DIyl \'N'
23 1955
($I'" Of FCQ91 CQUtlttyJ
Pennsylvania
BLACK OTHER I....""
0 0 Daycare provider
(5"" tJI Forttgtl CDunIry, .. DATE OF 1""""'1 (Doll (rf'"
THIS
Penns Ivania lWlR.... 06 30 1973
... PLAINTIFF .. DECREE OFWfTtD 10
HUSBAND WifE HUSBAND WIFE OTHER ISj>OC""
iii 0 @ 0 0
OTHER ISpeclfy)
II. LEGAL aROUNDS fOR
DIVORCE OR AHNU1..MENT
Irretrievable
DATE REPORT SENT IAfotttll}
10 VITAl. RECORDS
(0.11
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breakdown
10111
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