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HomeMy WebLinkAbout96-02631 \. \l ~ J;: ,~ ~ \. \I ~ .::s ..... "- '-. , // ( j I i I - I . i ':I - I - "1 ..., C1 ~/ Cr- .s r- . ~ . . ....... ~ . --~--~-*~--**~.******~**-*~**~_..~ $ -~~_._-_._-~.- ~---~-_.,---,._-".._-----,.,-"--"_-"- ----'8 ,. 8 M . ~ IN THE COURT OF COMMON PLEAS ~ . ~ 81 8 8 8 8 8 8 ~ .:. ... 8 . 8 $ 8 ". e {' s " ~ ~ $ ~ 8 8 ~ 8 8 ~ 8 8 8 8 8 ....p'~ * .;+:. .:.:. .:.:. .:+:. .:+:. .:t:. ':.:. -:.:. <.C" OF CUMBERLAND COUNTY STATE OF ~~~t PENNA. BARRY 1<. UNGlm, 1\ II. un - 211:lt CIVIL I'tlllnUff \' I' r.... II~; ~ ',' SUSAN I" UNGER, ~ Defendant 8 ~ 8 ~ 8 ~ i . . . . e 8 8 8 e e ~ " 8 .' e Jil " 8 ~---- ... '.' . .*-:. olK' ''';' .>>:. . ;. . DECREE IN DIVORCE ANDNOW,....;rV7'\,)'~'l""~'~'"'' 19'1.'7.. it Is ordered and decreed that ....,....... !]~~~~ ,I~., ~,n.g:e.r, . , . .. . . , . .. .. .. .. .. . . '" plaintiff, and. . , . . , . . . . , , . . , . , , , . . ,sl~s!ll1.~: .l!n~<:~ . , , , , . . . . . . . , . . , . , . . . '. defendant, are divorced from the bonds of matrimony. The court retains jurisdiction 01 the lollowlng claims which have been raised 01 record In this action lor which a linal order has not yet been entered; None , . , , . . :I:h.~ !I~~~<;I)<:~ "~r?p.en~ ,Set,lIel~l.cnt, A~ree~nent, ~s.I.'~I:<;~~ ,1~~~~IlC?~(!t.e.d.. .~~t. ~\l~ , !'!9~gq<J" 1,l1t~, \1)I.s, I,J!)Cr9\l.ln, I,JIVQrt;q.. , . , . . . , , , , , , , , , . , , . , , , , . . . . . . . . . . . . . . . . . . . ~1J)C4~ O~ I ~. -I ......<It-'.~ tt<;',' I {). ~... .. .J.~' F ~~i;-d-', .r-}~ . . rnlhonolary II y Tit,. AII,"I' .:+:. .:.:- ~ ,. w '.' 8 8 8 8 8 .. ... .:. " 8 8 .:. " I, I .( BARRY K. UNGER, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW In Divorce v. SUSAN L. UNGER, No. 96 - 2631 Civil Law POST NUPTIAL AGREEMENT THIS AGREEMENT is voluntarily entered into, by and between, Susan L. Unger, ("Wife") and Barry K. Unger, ("Husband"). WITNESSETH: WHEREAS, the parties hereto are Husband and Wife, having been married on September 18, 1976, in Reading, Berks County, Pennsylvania. There are four children born of this marriage, said children being Kirk F. Unger, born May 4, 1978, Anne L. Unger, born July 3, 1980, Karen B. Unger, born January 6, 1983, and Laura S. Unger, born October 30, 1984. WHEREAS, diverse unhappy differences, disputes and difficulties have arisen between the parties and it is the intention of Wife and Husband to live separate and apart for the rest of their natural lives, and the parties hereto are desirous of settling fully and finally their respective financial and property rights and obligations as between each other including, without limitation: the ownership and equitable distribution of marital property; the past, present and future support, alimony, alimony pendente lite and/or maintenance of Wife by Husband or of Husband by Wife; and in general, any and all claims and possible olaims by one against the other or against their respective estates. 1 ~ '. . 4 NOW THEREFORE, in consideration 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: Gcncral Provisions 1. AQreement Not A Bar to Divorce ProceedinQS. This Agreement shall not be considered to affect or bar the right of Wife or Husband to a divorce on lawful grounds if such grounds now exist or shall hereafter exist or to such defense as may be available to either party. This Agreement is not intended to condone and shall not be deemed to be a condonation on the part of either party hereto of any act or acts on the part of the other party which have occasioned the disputes or unhappy differences which have occurred prior to or which may occur subsequent to the date hereof. The parties intend to secure a mutual consent, no- fault divorce pursuant to the provisions of 23 Pa. C.S.A. Section 3301(c) of the Divorce Code, as amended. 2. Effect of Divorce Decree. The parties agree that unless otherwise specifically provided herein, this Agreement shall continue in full force and effeot until suoh time as a final decree in divorce may be entered with respect to the parties. 3. AQreement to be Incorporated in Divorce Decree. The parties agree that the terms of this Agreement shall be incorporated, into any divorce decree which may be entered with 2 <::,uJ-- . . . respect to them. The parties further agree the Court of COlOmon pleas which may enter such divorce decree shall retain continuing jurisdiction over the parties and the subject matter of the Agreement for the purpose of enforcement of any of the provisions herein, except provisions relating to custody of the child. Jurisdiction and venue shall be in the county of residence of the parent having primary physical custody. 4. Date of Execution. The "date of execution" or "execution date" of this Agreement shall be defined as the date upon which it is executed by the parties if they have each executed the Agreement on the same date. Otherwise, the "date of execution" or "execution date" of this Agreement shall be defined as the date of execution by the party last executing this Agreement. 5. Distribution Date. The term "distribution date" shall be defined in accordance to paragraph four (4.), and shall correspond to the date of execution. Any transfer of property, funds and/or documents provided for herein shall take effect on this date. 6. Advice of Counsel. The parties acknowledge that each has had the opportunity to receive independent legal advice from counsel of their seleotion and that they have been fully informed as to their legal rights and obligations, including all rights available to them under the Pennsylvania Divorce Code, as amended, and other applicable laws. Each party confirms that he or she fully understands the terms, conditions and provisions of this Agreement and believes them to be 3 " v>- - .. fair, just, adequate and reasonable under the existing circumstances. The parties further confirm that each is entering into this Agreement freely and voluntarily and that the execution of this Agreement is not the result of any duress, undue influence, collusion or improper or illegal agreement or agreements. 7. Personal RiQhts. Wife and Husband may and shall, at all times hereafter, live separate and apart. They shall be free from any contract, restraint, interference or authority, direct or indirect, by the other in all respects as fully as if they were unmarried. Each may, for his or her separate use or benefit, conduct, carryon and engage in any business, occupation, profession or employment which to him or her may seem advisable. Wife and Husband shall not molest, harass, disturb or malign each other or the respective families of each other nor compel or attempt to compel the other to cohabit or dwell by any means whatsoever with him or her. 8. Mutual Releases. Except as otherwise expressly provided by this Agreement: (a) Each party hereby absolutely and unconditionally releases and forever discharges the other and the estate of the other for all purposes from any and all rights and obligations which either may have or at any time hereafter have for past, present or future support or maintenance, alimony pendente lite, alimony, equitable distribution, counsel fees, costs, expenses and any other right or obligation, economic or otherwise, whether arising out of the marital relationship or otherwise, including all rights and 4 <: u.>- ..... 4 benefits under the Pennsylvania Divorce Code of 1980, its supplements and amendments, as well as under any other law of any other jurisdiction, except and only except all rights, agreements and obligation of whatsoever nature arising or which may arise under this Agreement or for the breach of any provision thereof. Neither party shall have any obligation to the other not expressly set forth herein. (b) Each party hereby absolutely and unconditionally releases and forever discharges the other and his or her heirs, executors, administrators, assigns, property and estate from any and all rights, claims, demands or obligations arising out of or by virtue of the marital relationship of the parties or otherwise, whether now existing or hereafter arising. The above release shall be effective regardless of whether such claims arise out of any former or future acts, contracts, engagements or liabilities of the other or by way of dower, curtesy, widow I s rights, family exemption or similar allowance, or under the intestate laws, or the right to take against the spouse's will, or the right to treat a lifetime conveyance by the other as testamentary, or all other rights of a surviving spouse to participate in a deceased spouse's estate, whether arising under the laws of Pennsylvania, any state, Commonwealth or territory of the united States, or any other country. It is expressly understood, however, that neither the provisions of this release nor the subsequent entry of a divorce decree are intended to defeat the right of either party to receive any insurance proceeds at the death of the other of which she or he is the named beneficiary (whether the beneficiary designation was made prior or subsequent to execution hereof), nor to defeat the right of either party to receive any legacy, bequest or residuary portion of the 5 <c. LJ.>-. ..... J other's estate under his or her will, or to act as personal representative or executor if so named by the will of the other, whether such will was executed prior or subsequent to this Agreement. (c) Excp.pt for any cause of action for divorce which either party may have or claim to have, and except for the obligations of the parties contained in this Agreement and such rights as are expressly reserved herein, each party gives to the other by the execution of this Agreement an absolute and unconditional release and discharge from all causes of action, claims, rights or demands whatsoever, in law or in equity, which either party ever had or now has against the other. 9. Financial Disclosure. The parties have fully disclosed to each other the extent of each other's income, assets, liabilities, holdings and estate. Each has relied on the accuracy of said information of the other, as an inducement to the execution of this Agreement. 10. Waiver or Modification to be In WritinQ. No modification or waiver of any of the terms hereof shall be valid unless in writing and signed by both parties and no waiver or any breach hereof or default hereunder shall be deemed a waiver of any subsequent default of the same or similar nature. Notwithstanding this provision, under applicable Pennsylvania law, the parties understand that any provision of this Agreement relating to custody shall be subject to modification by the Court upon the showing of changed circumstances or as affecting the best interests of the child. 6 ~ 4 11. Law of Pennsvlvania Applicable. This Agreement shall be construed in accordance with the laws of the Commonwealth of Pennsylvania. 12. Inteqration. This Agreement constitutes the entire understanding of the parties and supersedes any and all prior agreements and negotiations between them. There are no representations or warranties other than those expressly set forth herein. 13. Other Documentation. Except as herein specified, Wife and Husband covenant and agree that they will forthwith (and within at most ten (10) days after demand therefor) execute any and all written instruments, assignments, releases, satisfactions, deeds, notes or such other writings as may be necessary or desirable for the proper effectuation of this Agreement. 14. No Waiver of Default. This Agreement shall remain in full force and effect unless and until terminated under and pursuant to the terms of this Agreement. The failure of either party to insist upon strict performance of any of the provisions of this Agreement shall in no way affect the right of such party hereafter to enforce the same, nor shall the waiver of any breach of any provision hereof be construed as a waiver of any subsequent default of the same or similar nature, nor shall the waiver of any breach of any provision hereof be construed as a waiver of strict performance of any other obligations herein. 7 ',LtJ-' .., .. 15. Severabilitv and Independent and Separate Covenants. The parties agree that each separate obligation contained in this Agreement shall be deemed to be a separate and independent covenant and agreement. 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. Likewise, the failure of any party to meet her or his obligations under anyone or more of the paragraphs herein, with the exception of the satisfaction of any conditions precedent, shall in no way void or alter the remaining obligations of the parties. 16. Manner of GivinQ Notice. Any notice required by this Agreement to be sent to either party shall be sent by certified mail, return receipt requested, directly to the party or his/her attorney. 17. Address and Telephone Numbers of Parties. As long as the parties have any minor child or child attending college, or any obligations remain to be performed pursuant to the provisions of this Agreement, each party shall have the affirmative obligation to keep the other informed of his or her residenoe address and telephone number, and shall notify the other in writing of any change of address and/or telephone number by giving the new residence address and telephone number within three days of any change(s) thereto. 8 C:;,"-0-- .. 18. HeadinQs Not Part of AQreement. Any headings preceding the text of the several paragraphs and subparagraphs hereof are inserted solely for convenience of reference and shall not constitute a part of this Agreement nor shall they affeot its meaning, construction or effect. 19. Contract Interpretation. For purposes of contract interpretation and for the purpose of resolving any ambiguity herein, Husband and Wife agree that this Agreement was prepared jointly by their respective attorneys. SUPPOrt. Alimonv and Alimonv Pendente Lite provisions 20. child Support. In exchange for Wife's waiver of her claim to the marital residence located at 1021 Chelmsford Drive, Mechanicsburg, Pennsylvania, including her interest in the appreciated value of said residence, no Child Support shall be payable by her to Husband. In the event that Husband would seek to obtain any child support, child care expenses, or any expenses related to the children, Husband agrees that Wife shall be entitled to a credit of $ 30,000.00 against any claim for any such support, child care, or expenses. This credit represents Wife's portion of the marital property that she would otherwise have been entitled to receive from Husband. 21. Waiver of Spousal Support. Alimonv and Alimonv Pendente Lite. Husband and Wife do hereby waive, release and give up any rights arising from the continuing existence of their marital 9 . ..JJ.l'- relationship which either may have against the other for spousal support, alimony, alimony pendente lite, or other maintenance of any kind, except as otherwise specifically provided herein. 22. Health Insurance and Medical Expenses - Spouse Husband agrees that the health insurance presently in place for Wife through his employer shall continue until the entry of a Decree in Divorce. Husband further agrees that he will continue to pay for Wife's COBRA coverage for a period of one (1) year from the date of the final Decree in Divorce. Neither party at any time will make any representations to any health care provider that will cause or create contractual liability for such expenses for the other contrary to this agreement. 23. Health Insurance and Medical Expenses - Children. Husband shall provide health care insurance coverage for the benefit of the children through his employer and be responsible for any non-covered medical, dental, or therapy related expenses. In the event he becomes unemployed or is no longer provided insurance through his employer, Wife shall provide insurance, if available, through her employer for the children. Property Distribution provisions 24. Personal Property. Except as provided herein, Husband and Wife do hereby acknowledge that they have previously divided their tangible personal property including, but without limitation, jewelry, clothes, furniture, furnishings, rugs, carpets, household equipment and appliances, pictures, books, works of art and other personal 10 ~.~ . property; hereafter Wife agrees that all of the property in the possession of Husband shall be the sole and separate property of Husband; Husband agrees that all of the property in the possession of Wife shall be the sole and separate property of Wife. The parties do hereby specifically waive, release, renounce and forever abandon any claims which either may have with respect to the above items, which shall hereafter be the sole and exclusive property of the other. 25. Motor Vehicles: With respect to the motor vehicles owned by one or both of the parties, they agree as follows: A. The 1991 Subaru Loyale shall hereafter be the sole and exclusive property of Wife, free of any and all liens and encumbrances. B. The 1996 Ford Van and the 1982 Ford F150 pick up truck shall hereafter be the sole and exclusive property of Husband. Additionally, the nineteen and one-half foot (19 1/2) foot Sea Ray Boat, 3 liter Mercury engine, and trailer, shall be the sole and exclusive property of Husband. Husband shall be solely responsible for any and all obligations or payments on said vehicles, boat, and trailer, and shall indemnify and hold Wife harmless of any debts, cost, expense, lien, encumbrance, or any other such past, present or future liability related to any of said property. C. The parties agree to execute any documents necessary to effectuate the provisions of this Paragraph on the execution date hereof, including Vehicle Sales and Use Tax Returns, as necessary to make any conveyances on a tax-free basis if 11 .~ vJ- -.v .. possible. The said documents shall be delivered to the party entitled to receive same pursuant hereto on distribution date. D. In the event that any documents of title to said vehicles shall be in the hands of a bank or other holder of a lien or encumbrance upon any of said vehicles, and it is intended that such vehicle be conveyed subject to said lien or encumbrance, the parties agree that t:hey will advise the bank and/or lienholder as to the transfer of title and they further agree to execute whatever documents may be required to transfer title where the document(s) of title is (are) in the hands of such bank and/or lienholder. 26. Joint stock: The parties are joint owners of stock in IBM, which is presently held by a trustee in a stock purchase plan. Husband has already transferred to Wife her marital share of the aforesaid jointly owned stock. It is mutually agreed that Husband shall retain sole ownership and control of the remaining aforesaid stock. Wife shall execute any documents necessary to effect a transfer of her ownership interest in the aforesaid stock. Husband shall have the responsibility to prepare any documents necessary to effectuate the transfer and shall assume any fees, costs, or taxes, that may result in the transfer. 27. Real Proper tv As prescribed in paragraph twenty (20) of this agreement, wife waives her claim to the mari tal residence located at 1021 Chelmsford Drive, Mechanicsburg, Pennsylvania, including her interest in the appreciated value of said residence. From the date of execution of this Agreement:, Husband shall have the exclusive 12 '..:. ",-,0-- .. right to occupy said marital residence free of rent without interference by Wife. Wife agrees to refrain from instituting any action in equity or partition or otherwise in connection with said premises. Wife shall execute all documents in the usual form conveying, transferring, and granting to Husband all his interest in and to the aforesaid real estate. Husband hereby guarantees to indemnify Wife and to hold her harmless for any and all payments due in accordance with the terms of the mortgage existing against the property, and agrees to assume any and all taxes, insurance, repairs, claims, damages, utility bills, and other expenses incurred in connection wi th said real estate. Husband covenants and agrees to pay and discharge the existing mortgage obligation on said premises and agrees to indemnify Wife from any loss by reason of his default in the payment thereof and agrees to save Wife harmless from any future liability with regard thereto. Husband shall apply, within twelve (12) months of the execution date of this Agreement, to remove Wife's name from the existing mortgage on said premises. Said applications shall include, but not be limited to, refinancing, mortgage modification, or other method available to release Wife from said Mortgage obligation. Pending finalization of the removal of Wife's obligation to the existing mortgage, Husband shall continue to be solely responsible for the existing mortgage insurance and taxes. In addition, Wife waives her claim to the marital residence located at 304 Second Street, Shillington, Pennsylvania, including her interest in the appreciated value of said residence. Wife shall execute all documents in the usual form conveying, transferring, and granting to Husband all his interest in and to the aforesaid real estate. Husband hereby guarantees to assume any and all taxes, insurance, repairs, claims, damages, utility bills, and other expenses incurred in connection with said real estate. 13 , L}- -A.. .. 28. Bank and Related accounts Except as set forth herein, the parties agree that all funds contained in accounts presently in the name of either party individually, shall hereafter remain the sole and exclusive property of that party. Such funds shall include but not be limited to credit union accounts, savings accounts, tax deferred savings accounts, and insurance. The parties further agree that Wife shall receive as her marital share of the aforesaid accounts the amount of three thousand dollars ($ 3,000.00). 29. Retirement Interest Husband hereby grants Wife an amount equal to 50 perc~nt (50%) of the present value of his existing retirement assets, together with all interest accruing thereon from the execution date hereof to the date of the transfer of the funds to Wife. Husband has represented to Wife that the present value of his IBM retirement plan (as of october 8, 1996) is $49,440.00. Based upon the above representation made by Husband, Wife shall accept and receive a single lump sum payment in the amount of $24,720.00 within six months from the execution date of this agreement. Said amount shall be considered to be Wife's share of marital property transferred incident to divorce or related to cessation of marriage, in exchange for Wife's relinquishment of rights made herein, excludible from her income and non deductible by the Husband. 30. Separate Assets. A. Release: The parties hereby agree that as to each of their separate assets, as that term is defined herein, the party not having title to or possession of any particular separate asset hereby waives, releases, relinquishes and 14 " vJ-- -~ . forever abandons any and all claim therein and acknowledges that hereafter the party having title to or possession of a separate asset is the sole and exclusive owner thereof. B. Limitation to Assets Disclosed: The above 1elease is subject to the proviso that it shall be effective only as to those assets disclosed to the other party, although such assets need not be specifically named or disposed of in this Agreement. Neither party intends by the execution hereof to release any claim which he or she may have in assets which have not been disclosed. C. Definition: The term "separate asset" is defined for purposes of this Agreement as designating any asset of any kind (whether real, personal or mixed, tangible or intangible) which is presently titled either in the sole name of a party hereto or jointly with one of the parties hereto and a third party or parties. The term also includes any untitled asset which is presently in the sole possession of one of the parties hereto. The term shall further include any business interests owned by either party, whether individually or together with a third party or parties. D. Indemnification as to Expenses: Each of the parties hereby guarantees to indemnify and hold the other harmless from any liability, cost or expense, including attorneys' fees and interest, which either may be in the future or has been previously incurred with respect to the parties' separate assets as defined herein. 31. After-ACQuired Property. Each of the parties shall hereafter own and enjoy, 15 SVJ- . independently or any claim or right of the other, all items of property, be they real, personal or mixed, tangible or intangible, which are acquired by him or her after execution of this Agreement, with full power in him or her to dispose of the same as fully and effectively, in all respects and for all purposes, as though he or she were unmarried. Counsel Fee provisions 32. Payment of Counsel Fees and Expenses. Each party agrees to be solely responsible for his or her own legal fees, costs and expenses and that neither shall seek any contribution thereto from the other party. Liabilitv provisions 33. Existinq and Future Personal Obliqations. Except as set forth herein, the parties hereby agree that all existing personal liabilities, debts and obligations of every description which have been incurred by either of them shall be paid in a timely fashion by the party who presently remains obligated for the said liability. Husband and Wife each hereby indemnify the other and guarantee to hold each other harmless for any and all payments, charges or penalties due on account of any liability. Further, Wife and Husband each covenant, warrant, represent and agree that neither has heretofore contracted for any debt, liability or obligation for which the other or the estate of the other may be responsible or liable except as specifically disclosed and provided for by the terms of this Agreement. The parties further covenant, warrant, represent and agree that each will now \, 16 C:'~ '-" and at all times hereafter save harmless and indemnify the other and the estate of the other from all debts, charges and liabilities incurred after the execution date hereof, except as may be otherwise specifically provided herein, as well as from all debts, liabilities or obligations of every kind which have been incurred heretofore by either party, including those for necessities, except or obligations arising out of this Agreement. Except as may be otherwise expressly provided herein, the parties agree that all joint credit and/or charge accounts shall be terminated immediately, and that no charges shall be incurred by either party against any joint account from the date of execution hereof. Husband shall pay and assume total financial responsibility for any debt that arose during the marriage. Tax Provisions 34. Income Tax Returns. The parties agree to execute a joint income tax return for the calendar year 1996 if they are entitled to do so. Upon filing the joint income tax return each party shall contribute to the joint tax liability in accordance with the ratio that his or her individual taxable income bears to the sum of the individual taxable incomes of both spouses. For the purposes of the foregoing, each spouses' individual taxable income shall be determined on the assumption that each spouse is entitled to one-half (1/2) of the total dependency exemptions and one-half (1/2) of the total non- business (personal) deductions. In the event that either spouse has, through the payment of estimated taxes of employer withholding, contributed more than his or her allocable share as determined in accordance wi th the above, the spouse who has overpaid shall be entitled to prompt reimbursement from the other spouse. Any tax refund shall be allocated equally between the 17 .: uJ- _J parties. The parties acknowledge that neither has any personal knowledge concerning the income of the other. Any penalties or additional tax incurred as the result of non-personal deductions being disallowed or the failure to accurately report income shall be the sole responsibility of the person wrongfully claiming the deduction or inaccurately report the income. Husband and Wife agree to promptly make available to each other all records and information necessary or helpful for the preparation of any joint tax returns, any claim for refunds, and defense to any tax audit. 35. Dependencv Exemptions for Income Tax: Except as otherwise provided herein, Husband shall be entitled to claim all dependency exemptions for the children for income tax purposes, and Wife hereby waives any right to claim such exemptions on all his future income tax returns. Wife agrees to execute the Internal Revenue Service Form 8332, and any other documents which may be required in order to release all future rights to claim dependency exemptions. Husband is hereby authorized to file the said form or other documents as is reasonably necessary to effectuate the provisions of this paragraph. Enforcement and Security provisions 36. Remedies and Sanctions. In addition to such other remedies and sanctions available under applicable law, the parties may utilize any remedy or sanction set forth in the Pennsylvania Divorce Code, as amended, to enforce any term of this Agreement as though it had been an order of the Court. 18 .,~ -, 37. Attornev's Fees For Enforcement. In the event that either party breaches any provision of this Agreement and the other party retains counsel to assist in enforcing the terms thereof, the parties hereby agree that the breaching party will pay all attorneys' fees incurred by the other party in enforcing the Agreement, provided that the enforcing party is successful in establishing that a breach has occurred. ClosinQ Provisions. Execution and Exhibits Each of the parties has carefully read and fully considered this Agreement and all of the statements, terms, conditions and provisions thereof prior to signing below. IN WITNESS MIEREOF, intending to be legally bound hereby, the parties hereto have set their hands and seals on the date indicated below. ~C1-~. L. '0 ~.' Susan L. Unger \7.lsh", Date '~7/ /(II;r~ Barry . Unge ~~i96 19 ....1 ..-, ~. I< j.' . . "I l ,. , \~' "\" ~ . L.,)'(' ,:-. .. " ...., \:y\ L. " l., " ") , \ L.I ,'- C;' . .. . BARRY K. UNGER. PLAINTIFF IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 96.2631 CIVIL CIVIL ACTION. LAW IN DIVORCE v. SUSAN L. UNGER. DEFENDANT PRAECIPE TO TRANSMIT RECORD To the Prothonotery: Transmit the record. together with the following Information, to tha Court for entry of a Divorce Decree: 1. Ground for divorce: Irretrievable breakdown under Section (XX) 3301 (c) (I 3301 (d) of the Divorce Code. 2. Date and manner of service of the Complaint: May 20, 1996 by certified mall number P 413670972. Complete either paragraph (e) or (b). (a) Date of execution of the Affidavit of Consent and Waiver of Counseling required by Section 3301 (c) of the Divorce Code: by Plaintiff: i --I J 1- q '/ , 1996; by Defendant: / - 1 'I - '/'7 , 1996. (b) (1) 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 Defendent: 4. Related claims pending: All claims settled. 6. 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 (dl of the Divorce Code: ~. 01 , i lj ~ Uli ,-- , ( ) ~. { ,I ;,' \!"I U i ' {~ - "'d I ' I';: f.~ , C' ~ . '-^. \ ; SUSAN L. UNGER, DEFENDANT CIVIL ACTION - LAW IN DIVORCE v. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. BARRY K. UNGER, PLAINTIFF NOTICE OF A V AILABlLITY OF COUNSELING To the Within Named Defendant: You have been named as the Defendant in a divorce proceeding filed in the Court of Common Picas of Cumberland County. This notice is to advise you that in accordance with Section 3302(d) of the Divorce Code, you may request that the Court require you and your spouse to attend marriage counseling prior to a divorce decree being handed down by the Court. A list of professional marriage counselors is available at the Office of the Prothonotary, One Courthouse Square, Carlisle, Pennsylvania. You are advised that this list is kept as a convenience to you and you are not bound to choose a counselor from this list. All necessary arrangements and the cost of counseling sessions are to be borne by you and your spouse. If you desire to pursue counseling, you must make your request for counseling within twenty (20) days of the date on which you receive this notice. Failure to do so wll1 constitute a waiver of your right to request counseling. Prothonotary VERIFICATION I verify that the statements made in this Plcading 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. Date: r/7 /r~ ~7/X~ Barry ,Unger, Intiff if ] (l\ 0 . ~ -;' it\ rt') "1L if Li ..1 0 (6 *J 0 0 lI) :J . .' \0 ~ (j . i-f 1\ () . ([) 1'1 ()O j ~f.. '" . . r u , ' , ' . J/ , 'Ill , ,.' . .' BARRY K. UNGER. PLAINTIFF IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA J/.JI NO. 96 . ~ CIVil v. SUSAN L. UNGER. DEFENDANT CIVIL ACTION. LAW IN DIVORCE 8fflQAYJLQF SERVICE STATE OF PENNSYLVANIA : ss, COUNTY OF DAUPHIN AND NOW. this "1/: day of (11"1.,11 ,1996. personally appearod ) beforo l11e. a Notary Public In and for the State and County aforementioned. John J, Connelly. Jr.. Esqulro. who. IwinO duly sworn accordlnO to law, deposes and says that a copy of the Complaint In Divorce was served on the Defendant, Susan L. Unger. on May 20. 1996 by certified mall number P 413 670972. addrossee only. return receipt requested, as evidenced lly the return receipt card attached hereto and made a part heroof, ., , Sworn to and subscribod (, I boforo me this 't /', dllYOf(lill~ldi, 1996, M' III ~/" I _" 'k '\....~\. ~ tory Public NOTARIAL SEAL JEAN l KOSIER, Nolary Public City 01 H",,'o;b,,'g. Dauphin County MV Com'fll'~,un r '01" " Nov. 29. 1999 \~ _--~-1:l ----;:~l :11 '.~ J~ ! -... ' ~ ". t . compl.t. III"" 1 trtdlor 2 lOf eddIllon.IHfYktt. I- Compl.t. It.m. 3. .nd 4. · b. J . Print VQur narM .nd .ddr... on the flV'''' at thlt rOfm 10 11\81 w. un flturn ,hi. c.rd 10 you. . A",ch ,hi. form to 1M honl 01 t~llpI.tel or on the blck It ,PIC' 0 Addr..."'. Add,... ~.~~. % I I . Writl"R.tumReuIPtRequt.ttd"on'ttMimallpllc.bltowthelrtkltnumber 2. IX! Reltrlcted Oellvery 1:1 . 1M Rtlurn RKllpt wMe atlow to 'Whom the ,nlc:lt WII denv.red.nd tN d,l. i d.Uver.d. Canlult allm..ter for fee. \3. Ar:atol. Adltr....d 10: 4.. Anlel. Number P 413 570 972 j' SUBAN LUNGER 4b. S.rvlo. Typ. 838 REAR QUENTIN ROAD 0 R.glller.d Olnlu..d APT 2 IXC.rtlll.d 0 coo j' LEBANON PA 17042 0 bpr... M.II 0 Return R.o.lpt for 1 7. OIl.olJWlv'IVL ! oS /'''' 17" ',' l B. Add'.....'. Add....IOnly II ,.qu..tedl, ' .nd ,.. I. p.ldl ; ", I .110 wllh to ..o.lv. th. following I.,vlo.. 1I0r .n oxl,. '..I: 1. n.tu.. IAdd..".., "ONLY" L, 6. .ture IAg.nll 1 P5 F~'m . O.o.mber 1881 .u.l.CII'O:l__Tl4 '''. DOMESnC RETURN RECEIPT;! ".,,;1 ^ lr. "I F- l. ~ g~ r' '" ~,k ~'~ 9~ c ~'lJ) , ,~~ , t~I' 'bra I (!fa..; ,,- u, d l." - v. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 96.2631 CIVIL CIVIL ACTION. LAW IN DIVORCE BARRY K. UNGER. Plaintiff SUSAN L. UNGER. Defendent PLAINTIFF'S AFFIDAVIT OF CONSENT AND WAIVER OF COUNSELING 1. A Complaint In Divorce under Section 3301 (c) of the Divorce Code was flied on May 13, 1996. 2. The marriage of tha Plaintiff and Defendant Is Irretrievably broken, and ninety days have elapsed from the date of both the filing and service of the Complaint. 3. I consent to the entry of a final decree 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 understand that I may request that the Court require that my spouse and I participate In counseling. I further understand that the Court maintains a list of marriage counselors In the Prothonotary's Office, which list Is available to me upon request. Being so advised, I do not request that the Court require that my spouse and I l~: "" i I" 1I1( .. (\, ,,- ff. , '-,': ,', r:: , :\ L.' 1 " : ;J ,~ I' r-.. , ,- 'ij: l~'. , , " "^. ~:. , ,.' ~'.< "\'.l~ '< -..' ,...:.i",., _~I.._",'__,__" ..-.-..0._... ....:. .-....... .;<i....~.- v. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 96-2631 CIVIL BARRY K. UNGER. Plaintiff SUSAN L. UNGER. Defendant CIVIL ACTION - LAW IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER Ii 33011cl OF THE DIVORCE CODE 1. I consent to the entry of a final Decree of Divorce without notice. 2. I understend 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 thet a copy of the Decree will be sent to me Immediately after It Is flied with the Prothonotary. Dete: /- /I( '1'/ /).~ A f~, ~ Barry "Unger. P~ Intlff I verify that the statements made In this Affidavit are trua and correct. understand that false statemants herein are mada subject to the penalties of 18 Pa. C.S.A. Section 4904. relating to unsworn falsification to authorities. i' I'\J [. Ill. , ' f":: (_"J' , l.'; .. L . " :- ," ~~~r::" ,'".L''''R "l? ~~9:j~%Y:i'"::f~:::\..,_:1:- ~, '~_-~"'r~0;;; ':'~;'~,' . --.' " . . ~ . ~ , . BARRY K. UNGER, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 96-2631 CIVIL CIVIL ACTION - LAW IN DIVORCE v. SUSAN L. UNGER, Defendant DEFENDANT'S AFFIDAVIT OF CONSENT AND WAIVER OF COUNSELING 1. A Complaint In Divorce under Section 3301 lc) of the Divorce Code was flied on May 13, 1996. 2. The marriage of the Plaintiff and Defendant Is Irretrievably broken, and ninety days have elapsed from the date of both the filing and service of the Complaint. 3. I consent to the entry of a final decree of divorce efter service of Notice of Intention to request entry of the Decree. 4. I have been advised of the availability of marriage counseling, and understand that I may request that the Court require that my spouse and I participate In counseling. I further understand that the Court maintains a list of marriage counselors In the Prothonotary's Office, which list Is available to me upon request. Being so advised, I do not request that the Court require that my spouse and I - .' participate In counseling prior to a divorce decree being handed down by the Court. 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.A. Section 4904, rolatlnn to unsworn falslflcat!on to authorities. Date: 1- / 1/- 'I 'I ::'-".-- L. \J~ Susan L. Unger, efendant ".. 0J I ~; I IP" v. .) ~: (~j ~ . :"' , , : ,. i I. I . ,~ I ,- , i t;' " . . .< ". <';':!.." ..,~....,. 'r~"','- ~. . :':.- - - ; - I ~:. BARRY K. UNGER, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 96-2631 CIVIL SUSAN L. UNGER, Defendant CIVIL ACTION - LAW IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER ~ 33011cl OF THE DIVORCE CODE 1. I consent to the entry of a final Decree of Divorce without notice. 2. I understand thllt 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 to me Immediately after It Is flied with the Prothonotary. I verify that the statements made In this Affidavit are true and correct. I understand that false statements herein are mede subJect to the penalties of 18 Pa. C.S.A. Section 4904, relating to unsworn falsification to authorities. Date: / / J / - \ i '/ ~<>--L. lJ~ Susan L. Unger, Defe dant I 01 U, I .. 11'- , , I, I , f "..l L " , .-. .