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HomeMy WebLinkAbout02-4838JOSEPH S. OWENS, : PLAINTIFF : TAMMIE R. OWENS, : DEFENDANT : IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. CIVIL ACTION - LAW IN DIVORCE NOTICE 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 judgement 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 divorce is indignities or irretrievable breakdown of the marriage, you may request marriage counselling. A list of marriage counselors is available at: The Office of the Prothonotary, Cumberland County Courthouse, 1 Courthouse Square, 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 ~AVE A LAW~fER OR CA~-NOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Lawyer Referral Service Cumberland County Bar Association Carlisle, PA 17013 717-249-3166 MEYERS, DESFOR, SALTZGIVER & BOYLE 410 NORTH SECOND STREET · P.O. BOX 1062 · HARRISBURG, PA 17108 (717) 236-9428 · FAX(717) 236*2817 JOSEPH S. OWENS, : IN THE COURT OF COMMON PLEAS PLAINTIFF : CUMBERLAND COUNTY, PENNSYLVANIA : vs. : NO. : TAMMIE R. OWENS, : CIVIL ACTION - LAW DEFENDANT : IN DIVORCE NOTICIA LE HAN DEMANDADO A USTED EN LA CORTE. Si usted quiere defenderse de estas demandas expuestas en las paginas siguientes, usted tiene veinte (20) dias de plazo al partir de la fecha de la demanda y la notificacion. Usted debe presentar una apariencia escrita o en persona o pot abogado y archivar en la corte en forma escrita sus defensas o sus objeciones a las demandas en contra de su persona. Sea avisado que si usted no se defiende, la corte tomaro medidas y puede entrar una orden contra usted sin previo aviso o notificacion y por cualquier queja o alivio que es pedido en la peticion do demanda. Usted puede perder dinero o sus propiedades o otros derechos importantes para usted. LLEVE ESTA DEMANDA A UN ABOGADO IMMEDIATAMENTE. SI NO TIENE ABOGADO O SI NO TIENE EL DINERO SUFICIENTE DE PAGAR TAL SERVICIO, VAYA EN PERSONA O LLAME POR TELEFONO A LA OFICINA CUYA DIRECCION SE ENCUENTRA ESCRITA ABAJO PARA AVERIGUAR DONDE SE PUEDE CONSEGUIR ASISTENCIA LEGAL. Lawyer Referral Service Cumberland County Bar Association Carlisle, PA 17013 717-249-3166 MEYERS, DESFOR, SALTZGIVER & BOYLE 410 NORTH SECOND STREET · P.O. BOX 1062 · HARRISBURG, PA 17108 (717) 236-9428 * FAX(717) 236-2817 JOSEPH S. TAMMI E R. OWENS, PLAINTIFF vs. OWENS, DEFENDANT IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No. CIVIL ACTION - LAW IN DIVORCE COMPLAINT IN DIVORCE UNDER SECTION 3301(C) OF THE DIVORCE CODE AND NOW, comes through his attorneys, Meyers, files the following Complaint avers as follows: 1. 2 o the Plaintiff, Joseph S. Owens, by and Desfor, Saltzgiver & Boyle and in Divorce and in support thereof Plaintiff is Joseph S. Owens an adult individual who currently resides at 945 Hummel Avenue, Lemoyne, Pennsylvania 17043. Defendant is Tammie R. Owens an adult individual who currently resides at 941 Hummel Avenue, Lemoyne, Pennsylvania 17043. Plaintiff has been a bona fide resident of the Commonwealth of Pennsylvania for at least six (6) months immediately previous to the filing of this Complaint. The Plaintiff and Defendant were married on November 2, 1991 at Camp Hill, Pennsylvania, Cumberland County. There have been no prior actions of divorce or annulment between the parties. The marriage is irretrievably broken. The Defendant is not a member of the United States Army or MEYERS, DESFOR, SALTZGIVER & BOYLE 410 NORTH SECOND STREET * P.O. BOX 1062 · HARRISBURG, PA 17108 (717) 236-9428 ° FAX(717) 236-2817 its allies. 8. Plaintiff has been advised that counseling is available and that Plaintiff may have the right to request the court require the parties to participate in counseling, being so advised Plaintiff waives that right. 9. Plaintiff requests the Court to enter a Decree of Divorce pursuant to Section 3301(C) or 3301(D) of the Divorce Code. WHEREFORE, Plaintiff, Joseph S. Owens respectfully requests this Honorable Court enter a Decree in Divorce pursuant to Section 3301(C) or 3301(D) of the Divorce Code. Respectfully submitted, ~atherine A. Boyle, Esq~re MEYERS, DESFOR, SALTZGI~R & BOYLE Attorney I.D. #76328 410 North Second Street P.O. Box 1062 Harrisburg, PA 17108 (717) 236-9428 Attorney for Plaintiff MEYERS, DESFOR, SALTZGIVER & BOYLE 410 NORTH SECOND STREET · P.O. BOX 1062 · HARRrSBURG, PA 17108 (717) 236-9428 , FAX(717) 236-2817 VERIFICATION I, Joseph S. Owens ~ verify that the statements made in this Complaint in Divorce are true and correct to the best of my knowledge, information and belief. I understand that fals~ statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904, relating to unsworn falsification to authorities. Dated: 10 - 02 - 2002 (X) ~aintif f ( ) Defendant MEYERS, DESFOR, SALTZGIVER & BOYLE 410 NORTH SECOND STREET · P.O. BOX 1062 · HARRISBURG, PA 17108 (717) 236-9428 · FAX (717) 236-2817 JOSEPH S. OWENS, Plaintiff VS. TAMMIE R. OWENS, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND, PENNSYLVANIA : : NO. 02 - 4838 : : CIVIL ACTION - LAW : IN DIVORCE PROOF.OF SERVICE · Complete Items 1, 2, and 3. Arno complete item 4 If I~ed Deflve~y ia de~ired. · P,tnt your name and add.~s on the reverse sO that we can retum the card to you. · Attach this card to the back of the mailpiece, or on the front if apace permits. Tammie R. Owens 941 Hummel Avenue Le~oyne, PA 17043 PS Form 3811, March 2001 7001 0320 0002 7583 3432 Domestic Return Receipt MEYERS, DESFOR, SALTZGIVER & BOYLE 410 NORTH SECOND STREET · P.O. BOX 1062 · HARRISBURG, PA 17108 (717) 236-9428 · FAX (717) 236-2817 JOSEPH S. OWENS, Plaintiff VS. TAMMIE R. OWENS, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : : NO. 02 - 4838 : : CIVIL ACTION - LAW : IN DIVORCE CERTIFICATE OF SERVICE I hereby certify on this~ day of October, 2002 a copy of Proof of Service was sent VIA U.S. Mail to: Tammie R. Owens 941 Hummel Avenue Lemoyne, PA 17043 Attorney fo~ the Pla~ MEYERS, DESFOR, SALTZGIVER & BOYLE 410 NORTH SECOND STREET · P.O. BOX 1062 · HARRISBURG, PA 17108 (717) 236-9428 ° FAX (717) 236-2817 Joseph S. Owens, Plaintiff VS. Tammie R. Owens, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 02-4838 Civil Term CIVIL ACTION - LAW IN DIVORCE SFFIDAVIT OF CONSENT A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed on October 3, 2002. The marriage of the Plaintiff and Defendant is irretrievably broken and ninety (90) days have elapsed from the date of filing and service of the Complaint. I consent to the entry of a final decree of divorce after service of notice of intention to request entry of the decree. 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. Joseph~,~. ~e~s,-151aintiff MEYERS, DESFOR, SALTZGIVER & BOYLE 410 NORTH SECOND STREET · P.O. BOX 1062 · HARRISBURG, PA 17108 (717) 236-9428 o FAX (717) 236-2817 Joseph S. Owens, Plaintiff VS. Tammie R. Owens, Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : : NO. 02-4838 Civil Term : : CIVIL ACTION - LAW : IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER §3301(C) OF THE DIVORCE COD~ 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 to me 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. § 4904 relating to unsworn falsification to authorities. Date. / //~/~, J°seph6/S. ~ens,--~laintiff MEYERS, DESFOR, SALTZGIVER & BOYLE 410 NORTH SECOND STREET · P,O. BOX 1062 ' HARRISBURG, PA 17108 (717) 236-9428 ° FAX (717) 236-2817 Joseph S. Owens, Plaintiff VS. Tammie R. Owens, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 02-482;8 Civil Term CIVIL ACTION - LAW IN DIVORCE AFFIDAVIT OF CONSENT A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed on October 3, 2002. The marriage of the Plaintiff and. Defendant is irretrievably broken and ninety (90) days have elapsed from the date of filing and service of the Complaint. I consent to the entry of a final decree of divorce after service of notice of intention to request entry of the decree. 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, ~-- [~--0 ~ (~,.~ ~"]~,~ ~. O~ Tammie R. Owens, Defendant MEYERS, DESFOR, SALTZGIVER ,% BOYLE 410 NORTH SECOND STREET · P.O. BOX 1062 · HARRISBURG, PA 17108 (717) 236-9428 · FAX (717) 236-2817 Joseph S. Owens, Plaintiff VS. Tammie R. Owens, Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 02-4838 Civil Term : : CIVIL ACT]ZON - LAW : IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER S3301(C) OF TEE DIVORCE CODE 4. I consent to the entry of a final decree of divorce without notice. 5. 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. 6. 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 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. ~ 4904 relating to unsworn falsification to authorities. Date~--/3 ~0~ ~~~~ ~~ Tammie R. Owens, Defendant MEYERS, DESFOR, SAL'rZGIVER & BOYLE 410 NORTH SECOND STREET · P.O. BOX 1062 · HARRISBURG, PA 17108 (717) 236-9428 - FAX (717) 236-2817 MARRIAGE SE'ITlJEMENT AGREEMENT THIS AGREEMENT is made and entered into between JOSEPH S. OWENS and TAMMIE R. OWENS, hereinafter referred to as Husband and Wife. The parties were married on 11/2/90 and there are two children born of their marriage, to wit, DERRICK J. OWENS, born 7/27/91 and ROBERT L. OWENS born 3/26/98. As a consequence of disputes and unhappy differences, the parties have separated. The parties desire to confirm their separation and make arrangements in connection therewith, including the settlement of their property rights, custody, support, and all other rights and obligations arising out of the marriage relationship. It is therefore agreed: 1. CONSIDERATION The consideration for this Agreement is the mutual promises and agreement herein contained. 2. SEPARATION AND NONINTERFERENCE A. It will be lawful for each party at all times he~:eafter to live separate and apart from the other party at such place or places as he or she may from time to time choose or deem fit. B. Each party shall be free from interference, authority and control, direct or indirect, by the other, as fully as if he or she were single and unmarried. Neither shall bother the other or compel or endeavor to compel the other to cohabit or dwell with him or her. 3, MUTUAL RELEASE 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. 4. FULL DISCLOSURI~J The provisions of this Agreement and their legal effect are fully understood by each party to this Agreement, and each party acknowledges that the Agreement is fair and equitable, that it is being entered into voluntarily, and that it is not the result of any duress or undue influence. 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, of the sources and amount of the income of such party of every type whatsoever, and of all other facts relating to the subject matter of this agreement. Wife represents that she was represented by Patricia J. Romano, Esq. in reaching this Agreement, and Husband represents that he was not represented by an attorney, even though he was advised to do so, in reaching this Agreement. Wife represents that the terms of this Agreement have been fully explained to her by her counsel. 2 5. EOUITABLE DIVISION By this Agreement, the parties have intended to effect an equitable division of their marital property. This division is not intended by the parties to constitute in any way a sale or exchange of assets. 6. SUBSEOUENT DIVORCE A. 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, may or 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 lawful and enforceable and this warranty, covenant and representation is made for the specific purpose of inducing Husband and Wife to execute the 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. B. ENTRY AS PART OF DECREE - It is the intention of the parties that the Agreement shall survive any action for divorce which may be instituted or prosecuted by either party and.no order, judgment or decree of divorce, temporary, final or permanent, shall affect or modify the financial terms of this Agreement. This Agreement shall be incorporated in but shall not merge into any such judgment or decree of final divorce, but shall be incorporated for the purposes of enforcement only. C. MUTUAL CONSENT DIVORCE - The parties agree and acknowledge that their marriage is irretrievably broken, that they do not desire marital counseling, and that they both consent to the entry of a decree in divorce pursuant to 23 Pa.C.S.A. Section 3301(c). Accordingly, both parties agree to forthwith execute such consents, affidavits, or other documents and to direct their respective attorneys to forthwith file such consents, affidavits, or other documents as may be necessary to promptly proceed to obtain a divorce pursuant to said 23 Pa.C.S.A. Section 3301(c). Upon request, to the extent permitted by law and the applicable Rules of Civil Procedure, the named defendant in such divorce action shall execute any waivers of notice or other waivers necessary to expedite such divorce. 4 7. DIVISION OF PERSONAL PROPERTY Wife agrees that all of the property in thc possession of Husband shall be the sole and separate property of Husband; and 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 whatever claims, if any, he or she may have with respect to the above items which shall become the sole and separate property of the other. 8. DIVISION OF MOTOR VEHICLES With respect to the motor vehicles owned by one or both of the parties, they agree as follows to retain their respective vehicles: Husband: 1980 Chevy Truck Wife: 1991 Chevy Lumina The parties acknowledge that the titles to the said motor vehicles have been executed by the parties for effectuating transfer of said vehicles to the respective owners. 9. DISPOSITION OF PROPERTY From and after the date of the signing of this Agreement, both parties shall have complete freedom of disposition as to his/her separate property and any property which is in their possession or control pursuant to this Agreement and may mortgage, sell, grant, convey or otherwise encumber or dispose of such property, whether real or personal, whether such property was acquired before, during or after marriage, and neither Husband nor Wife need join in, consent to, or acknowledge any deed, mortgage, or other instrument of the other pertaining to such disposition of property. 10. DIVISION OF REAL PROPERTY Husband and Wife hereby agree and acknowledge that they owned certain real property located at 941 Hummel Avenue, Lemoyne, Pennsylvania, as tenants by the entireties. Husband has conveyed all his right, title and interest in said property to Wife. Husband has executed a deed or other instrument of conveyancing necessary to effectuate this transfer. The parties acknowledge that there is an existing mortgage against this property held by Home Side Lending in the amount of approximately $76,532.16 and a home equity loan held bY Citibank in the amount of approximately $9,617.58. Wife agrees to obtain financing in her name alone within three (3) years of the date of this agreement. Until such time, Wife shall assume total liability for the mortgage. Upon completion of refinancing, Wife shall hold Husband harmless and indemnify him from liability for this obligation and other obligations arising from this property. 6 11. PAYMENT OF SPECIFIED OBLIGATIONS The parties agree that the following constitute joint marital obligations which shall be paid as follows: In exchange for Wife's release of all claims on Husband's Wal'Mart Retirement Savings Plan and Husband's Universal life insurance policy #MM1652797, Wife agrees to pay $475.00 of the $5,500.00 AT&T Universal card. Husband agrees to transfer the remaining $5,025.00 debt to his name and assume responsibility for payment. 12. LEGAL FEES The parties shall share attorneys fees. 13. ALIMONY Both parties acknowledge and agree that the provisions of this Agreement providing for equitable distribution of marital property are fair, adequate and satisfactory to them and are accepted by them in lieu of and in full and final settlement and satisfaction of any claims or demands that either may now or hereafter have against the other for support, maintenance, alimony pendente lite or alimony. Husband and Wife further, voluntarily and intelligently, waive and relinquish any right to seek from the other any payment for support, maintenance, alimony pendente lite or alimony. 14. PENSION PROGRAM Each party hereto shall maintain sole ownership over his or her individual pension plan, profit sharing or similar retirement plan acquired individually or as the result of contributions by his or her employer. Wife hereby releases any interest that she has in the retirement benefits of Husband accumulated as the result of his employment by Wal'Mart and any other additional benefits he may have accrued. This waiver is a full and complete discharge of each parties' marital claim. 15. MISCELLANEOUS All assets including, but not limited to, savings accounts, checking accounts, certificates of deposit and life insurance policies shall be the sole and separate property of the title holder of said asset. The parties believe and agree, and have been so advised by their respective attorneys, 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 assigned to him or her or 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. 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 8 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. 16. CHILDREN 1. The parties shall share legal custody of the children born of this marriage, to with Derrick J. Owens, born 7/27/91 and Robert L. Owens, born 3/26/98. They shall consult with each other relative to all important decisions concerning the subject minor children, including such matters as health, education' and religion. 2. Mother shall have primary physical custody of the minor children and Father shall be entitled to partial periods of physical custody pursuant to the following schedule: a. Every other weekend from Friday at 6:00 p.m. until Sunday at 2:00 p.m. b. Every Wednesday during the week from 5:30 p.m. until 8:00 p.m. c. The holidays of New Year's Day, Memorial Day, July 4th and Labor Day shall be alternated between the parties and shall be from 10:00 a.m. to 8:00 p.m. 9 d. Every Christmas Day from 2:00 p.m. until 7:00 p.m. and every Thanksgiving Day from 9:00 a.m. until 2:00 p.m. e. Each party shall be entitled to two (2) non-consecutive weeks of vacation during the summer subject to thirty (30) days written notice to the other party. f. The children shall be with Father on Father's Day and with Mother on Mother's Day from 10:00 a.m. until 8:00 p.m. g. Holidays supercede regular visitation schedule. h. Transportation shall be provided by whichever party is beginning their period of visitation. i. Children must want to go with their Father for visitation. Father shall not take children who are unwilling to go to visitation with him. However, Father must make arrangements for counseling with the children to mend any hard feelings that the children may have incurred with him. 3. Neither party shall relocate outside the Harrisburg Metropolitan Area without giving the other party at least sixty (60) days written notice. (Map attached for "Harrisburg Metropolitan Area). 4. During any period of custody or visitation, the parties shall not possess or use any controlled substance, consume alcohol to the point of intoxication, nor shall either party 10 drive with the children while under the influence of alcohol or any controlled substance. The parties shall likewise assure, to the extent possible, that other household members and/or guests comply with this prohibition. 5. Both parties must give forty-eight (48) hours written notice to the other party before traveling with the children outside the Harrisburg Metropolitan Area during their period of physical custody. 6. Both parties shall refrain from making derogatory comments about the other party in the presence of the minor children. The parties shall likewise assure, to the extent possible, that other household members and guests comply with this prohibition. 17. MISCELLANEOUS PROVISIONS - CHILDREN A. College - Father and Mother agree to participate in the payment of undergraduate or equivalent higher educational expenses for the children. The calculation of obligations shall be proportional based upon Father's income and Mother's income at the time the children's needs are ascertained. 18. GENERAL PRQVISIONS A. WARRANTY AS TO EXISTING OBLIGATIONS - Each party represents that they have not heretofore incurred or contracted for any debt or liability or obligation for which the estate of the other party may be responsible or liable except as may be provided for in this Agreement. Each party agrees to indemnify or hold the other party harmless from and against any and all such debts, liabilities, or obligations of every kind which may have heretofore been incurred by them, including those for necessities, except for the obligations arising out of this Agreement. B. WARRANTY AS TO FUTURE OBLIGATIONS - Mother and Father each covenant, warrant, represent and agree that each will now and at all times hereafter save harmless and keep the other indemnified from all debts, charges, and liabilities incurred by the other after the execution date of this Agreement, except as may be otherwise specifically provided for by the terms of this Agreement and that neither of them shall hereafter incur any liability whatsoever for which the estate of the other may be liable. C. SEVERABILITY - 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 corttinue in full force, effect, and operation. Likewise, the failure of any party to meet his or her obligations under any one or more of the paragraphs herein, with the exception of the satisfaction of the conditions precedent, shall in no way void or alter the remaining obligations of the parties. D. OTHER DOCUMENTATION - Mother and Father covenant and agree that they will forthwith execute any and all written instruments, assignments, releases, 12 satisfactions, deeds, notes or such other writings as may be necessary or desirable for the proper effectuation of this Agreement, and as their respective counsel shall mutually agree should be so executed in order to carry out fully and effectively the terms of this Agreement. E. 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. F. WAIVER OR MODIFICATION ,TO BE IN WRITING - No modification or waiver of any of the terms hereof shall be valid unless in writing and signed by both parties and no waiver of any breach hereof or default hereunder shall be deemed a waiver of any subsequent default of the same or similar nature. G. MUTUAL COOPERATION - 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. H. LAW GOVERNING - This Agreement shall be construed and governed in accordance with the laws of the Commonwealth of Pennsylvania. I. BINDING EFFECT - Except as otherwise stated herein, this Agreement shall be binding and shall inure to the benefit of the parties hereto and their respective heirs, executors, administrators, successors, and assigns. J. NO WAIVER OF DEFAULT - This Agreement shall remain in full force and 13 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 it be construed as a waiver of strict performance of any other obligations herein. K. HEADINGS NOT PART OF AGREEMENt' - Any heading preceding the text of the several paragraphs and subparagraphs hereof are inserted solely for convenience or reference and shall not constitute a part of this Agreement nor shall they affect its meaning, construction, or effect. L. ADDRESS OF PARTIES - Each party shall at all times keep the other informed of his or her place of residence, and shall promptly notify the other of any change, giving the address of the new place of residence. M. WAIVER 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 have or hereafter acquire, under the present or future laws of Pennsylvania or another jurisdiction, to share in the property or the estate of the other as a result of the marital relationship, including, without limitation, dower, curtesy, their statutory equivalents, widow's allowance, homestead rights, right to take in intestacy, right to take against the will of other, and right to act as administrator or executor of the other's estate, and each party 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. N. ATTORNEY'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 reasonable attorneys' fees, court costs, and expenses incurred by the other party in enforcing the Agreement. IN WITNESS WHEREOF, and intending to be bound hereby, the parties have signed and sealed this Agreement on the{~lLday of Q-~ [t It L 2002, at Harrisburg, 0 ' Pennsylvania. In the presence of: WITNESS Joseph S. Owens (SEAL) WITNESS Tammie R. Owens 15 JOSEPH S. OWENS, PLAINTIFF VS. TAMMIE R. OWENS, DEFENDANT IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 02-4838 Civil Term 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 a divorce decree: 1. Ground for Divorce: irretrievable breakdown under Section 3301(c} of the Divorce Code. 2. Date and manner of service of the Complaint: Served by Certified Mail, Restricted Delivery on October 10, 2002. Proof of Service was filed with the Prothonotary on October 18, 2002. 3. (a) Date of execution of the Affidavit of Consent required by Section 3301(c) of the Divorce Code: by the )laintiff Januarl5y~; by the defendant May 13, 2003. 4. Related claims pending: No other claims Dendinq. Ail :laims resolved by way of written Marital Settlement Aqreement dated June 26, 2002. 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(d} {1) (i) of the Divorce Code. (Complete either (a) or (a) Date and manner of to file praecipe to transmit attached: (b).) service cf the notice of intention record, a copy of which is (b) Date plaintiff's Waiver of 5'otice in § 3301(c) Divorce was filed with the. Prothonotary: January 22, 2003. Date defendant's Waiver of Notice in ~as filed with the Prothonotary: May 2.9, 2003. 3301(c) Divorce Cat~r{~ni~N~.~ ~yl~, ~sq~i'~ Attorney for Plaintiff MEYERS, DESFOR, SALTZGIVER & BOYLE 410 NORTH SECOND STREET · RO. BOX 106,? · HARRISBURG, PA 17108 (717) 236-9428 · FAX(717) 236*2817 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY STATE OF ~ PENNA. _.Joseph..S....Owens ........................ ..~.P...%..l. PPX~.6.-.96~.~ ...................... .. T.~mmie R....Dwe~ ..................... SS # 178-62-8637 ....... ii DECREE ~IN DIVORCE AND NOW .... .~..eND..C:...~.~. ............. ]~l:. 2D. Q3, it is ordered and decreed that . .qg.s.e?.h...s....o.¥.e.n.s. .............................. plaintiff, and ........... T.a..r~. g.e..g,, p.w.e.o.s ............................ defendant, are divorced from the bonds of matrimony. The Mar'ital Sett'iement Agreement dated June 26, 2002 is hereby incorporated but not merged herein. ~ Attached. court retains jurisdiction of the following claims which have been raised of record in this action for which el final order has not yet been entered;