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HomeMy WebLinkAbout02-5312H. TOVAR EUTZY, : IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. : CIVIL ACTION -LAW ROZEANN M. EUTZY, NO. 0 Z 7 7 0- CIVIL TERM Defendant 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 will proceed without you and a decree of divorce or annulment may be entered against you for any 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 the marriage, you may request marriage counseling. A list of marriage counselors is available in the Office of the Prothonotary at Cumberland County Courthouse, Carlisle, Cumberland County, Pennsylvania, 17013. IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF MARITAL 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. Cumberland County Bar Association Two Liberty Avenue Carlisle, Pennsylvania 17013 (717) 249-3166 H. TOVAR EUTZY, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. ROZEANN M. EUTZY, Defendant CIVIL ACTION - LAW NO. .S-3 i ? CIVIL TERM IN DIVORCE COMPLAINT IN DIVORCE NO FAULT 1. Plaintiff is H. Tovar Eutzy, an adult individual currently residing at 21 Scrafford Street, Shippensburg, Cumberland County, Pennsylvania. 2. Defendant is Rozeann M. Eutzy, an adult individual currently residing at 19 Chesnut Grove Road, Shippensburg, Cumberland County, Pennsylvania. 3. Plaintiff is a bonafide resident of the Commonwealth of Pennsylvania and has been so for at least six months immediately previous to the filing of this Complaint. 4. Plaintiff and Defendant were married on October 7, 1995, in Shippensburg, Cumberland County, Pennsylvania. 5. There have been no other prior actions for divorce or annulment between the parties. 6. Neither the Plaintiff nor the Defendant are members of the United States Armed Forces or its Allies. 7. Plaintiff has been advised of the availability of counseling and the right to request that the Court require the parties to participate in counseling. Knowing this, Plaintiff does not desire that the Court require the parties to participate in counseling. 8. Plaintiff and Defendant are citizens of the United States of America. 9. The parties' marriage is irretrievably broken. 10. Plaintiff desires a divorce based upon the belief that the Defendant will, ninety (90) days from the date of the filing of this Complaint, consent to this divorce. WHEREFORE, Plaintiff requests your Honorable Court to enter a divorce pursuant to 23 P.S. Section 3301 (c) of the Domestic Relations Code. COUNT II EQUITABLE DISTRIBUTION 11. Paragraphs 1 through 10 are incorporated herein by reference as if set forth in their full text. 12. Plaintiff and Defendant are joint owners of various items of personal property, furniture, and household furnishings acquired during their marriage which are subject to equitable distribution. 13. Plaintiff and Defendant are joint owners of real estate located in Cumberland County, which was acquired during their marriage and which is subject to equitable distribution. 14. Plaintiff and Defendant have incurred debts and obligations during their marriage which are subject to equitable distribution. WHEREFORE, Plaintiff requests your Honorable Court to enter a decree equitably dividing the parties' property and equitable apportioning the debts incurred by the parties. Respectfully submitted, W . Wendy J. F. Gr la Esquire Attorney for Pla' GRIFFIE & ASSOCIATES 200 North Hanover Street Carlisle, PA 17013 (717) 243-5551 (800) 347-5552 VERIFICATION I verify that the statements made in the foregoing document 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 falsifications to authorities. DATE: 3d a+ H. TOVAR EUTZ , Plaintiff W Q - 6 R., W 8 ?b O 1 ?I O U? G H. TOVAR EUTZY, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. ROZEANN M. EUTZY, Defendant : CIVIL ACTION - LAW : NO. 02-5312 CIVIL TERM : IN DIVORCE AFFIDAVIT OF SERVICE AND NOW, this I I day of November, 2002, comes Wendy J. F. Grella, Esquire, counsel of record for Plaintiff, H. Tovar Eutzy, and states that a true and attested copy of a Complaint in Divorce was sent to Defendant, Rozeann M. Eutzy, of 19 Chestnut Grove Road, Shippensburg, PA 17257 by certified mail, restricted delivery, return receipt requested. A copy of said receipt is attached hereto indicating that service was made on November 5, 2002. Sworn and subscriend to before a this Ip day of X , 2002 N M I& POTA iy?6 UBL C Wendy J. F. Grel a, qui Attorney for Plain GRIFFIE & ASSOCIATES 200 North Hanover Street Carlisle, PA 17013 (717) 243-5551 (800) 347-5552 Notarial Seal IQS%a J. Lehman, Notary Publb ?CumbellaM CON ,. 25. 2% ¦ Complete items 1, 2, and 3. Also complete item 4 if Restricted Delivery is desired. ¦ Print your name and address on the reverse so that we can return the card to you. ¦ Attach this card to the back of the mailpiece, or n the front if space permits. 1. A *le Addressed to: TZI) Z1? n n nil , av-FS I?? ZS1 of Delivery Aelivery ? AAdddretsses ( PrintedtjDjYes dress different from item 17 If YES, enter delivery address below: ? No 1 3. Service Type HZertified Mail ? Express Mail ? Registered ? Return Receipt for Merchandise ? Insured Mail ? C.O.D. 4. Restricted Delivery? (Extra Fee) acTv_ 2. Article Number (Transfer from service label) ' QQ , Z J I O Occ)(O S? 63 C:6?4 PS Form 3811, August 2001 Domestic Return Receipt 102595-02-M-0835 1 Ln ° ,,,p Postage -0 $ y Co Ln Certified Fee C? CJ`J Postma ,.n Return Receipt Fee ° (Endorsement Required) H `Y! ° Restricted Delivery Fee ° (Endorsement Required) ?Cl ,q Total P tags a Fees ° LT ru ent To c. . --_ ____n----- ---------------------- .a ° C3 --------- Street, No.; or Po Box No. 1C-t Y_t?lr? t YY-t H. TOVAR EUTZY, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION - LAW ROZEANN M. EUTZY, : NO.W -S.31o-? CIVIL TERM Defendant IN CUSTODY CUSTODY STIPULATION & AGREEMENT THIS STIPULATION AND AGREEMENT entered into the day and year hereinafter set forth, by and between ROZEANN M. EUTZY, (hereinafter referred to as "Mother") and H. TO VAR EUTZY, (hereinafter referred to as "Father"). WHEREAS, the parties are the natural parents of two children, namely WADE AUSTIN EUTZY, born December 17, 1992, and TIFFANY MAY EUTZY, born December 15, 1996 (hereinafter referred to as "Children"); and WHEREAS, the parties live separate and apart, and wish to enter into an comprehensive stipulation and agreement relative to physical and legal custody of their Children. NOW THEREFORE, in consideration of mutual covenants, promises and agreements as hereinafter set forth, the parties stipulate and agree as follows: 1. Mother and Father shall exercise shared legal custody of the children. 2. During the school year, Mother shall exercise primary physical custody of the children. 3. During the school year, Father shall exercise partial physical custody of the children as follows: a.) On alternating weekends from Friday after school until Sunday at 3:00 p.m.; b.) Every Wednesday after school until 8:00 p.m.; c.) On the Sundays not included in Father's regular weekend period of custody from 9:30 a.m. until 3:00 p.m.; and d.) At other times as the parties may agree. 4. The parties shall share physical custody of the children during the summer on an alternating weekly basis with custody exchanges to occur on Fridays after school. 5. The parties shall share custody of the children on holidays and other special days so that each party has the opportunity to spend time with the children on that special day. 6. The parties will attempt to accommodate an arrangement where the children shall always be with the Mother during Mother's Day weekend and with Father during Father's Day weekend. In the event this requires an exchange of weekends, the parties will attempt to accommodate each other to see that the children are with the respective parent on their designated Mother's Day weekend or Father's Day weekend. 7. The parties shall keep each other advised in the event of serious illness or medical emergency concerning the children and shall further take any necessary steps to ensure that the health and well-being of the children are protected. During such illness or medical emergency, both parties shall have the right to visit the children as often as he or she desires consistent with the proper medical care of the children. 8. Neither parent shall do anything which may estrange the children from the other party, injure the opinion of the children as to the other party, or which may hamper the free and natural development of the children's love and affection for the other party. 9. Any modification or waiver of any of the provisions of this Agreement on a permanent basis shall be effective only if made in writing, and only if executed with the same formality as this Stipulation and Agreement. 10. The parties desire that this Stipulation and Agreement be made an Order of Court of the Court of Common Pleas of Cumberland County, and further acknowledge that the Court of Common Pleas of Cumberland County does, in fact, have jurisdiction over the issue of custody of the parties' minor children who have resided for their entire lives in Cumberland County, Pennsylvania. 11. The parties stipulate that in making this Agreement, there has been no fraud, concealment, overreaching, coercion, or other unfair dealing on the part of the other party. 12. The parties acknowledge that they have read and understand the provisions of this Agreement. Each party acknowledges that the Agreement is fair and equitable and that it is not the result of any duress or undue influence. IN WITNESS WHEREOF, The parties hereto intending to be legally bound by the terms hereof, set forth their hands and seals the day and year hereinafter mentioned. WITNESSETH: -- ,tea . _ VA _ Date H. TOR EU S d Q13 `'1(4w&An A/ u Date ROMANN M. EUTZVJ COMMONWEALTH OF PENNSYLVANIA COUNTYOF CUr"66RLAMD On this 5 v n day of ?:J-U n,2 , 2003, before me, the undersigned officer, personally appeared ROZEANN M. EUTZY, known to me (or satisfactory proven) to be the person whose name is subscribed to the within Agreement and acknowledged that she executed the same for the purpose therein contained. IN WITNESS WHEREOF, I hereunto set my hand and official seal. Notary Public Notarial Seal Petra:ia LTMe, Notary Public 9tilppensburg Bo ro, Cumberlead Counry My Commission Expires June 7, 2004 COMMONWEALTH OF PENNSYLVANIA COUNTY OF (Lk M W (Aa On this Z7)day of 2003, before me, the undersigned officer, personally appeared H. TO VAR EUTZY, known to me (or satisfactory proven) to be the person whose name is subscribed to the within Agreement and acknowledged that he executed the same for the purpose therein contained. IN WITNESS WHEREOF, I hereunto set my hand and official seal. Notatia? seal Pua? -' 3 GaAs a g°ro n' as ? MY C ss °n ExP omrn ?"1 ? ?-- ? ? o _T W ' P H. TOVAR EUTZY, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION - LAW ROZEANN M. EUTZY, NO. 02-5312 CIVIL TERM Defendant 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 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 grounds for the divorce is indignities or irretrievable breakdown of the marriage, you may request marriage counseling. A list of marriage counselors is available in the office of the Prothonotary at Cumberland County Courthouse, 1 Courthouse Square, Carlisle, PA 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. Cumberland County Bar Association 2 Liberty Avenue Carlisle, Pennsylvania 17013 717-249-3166 WEIGLE G ASSOCIATES. P.C. - ATTORNEYS AT LAW - 126 EAST KING STREET - SHIPPENSRURG. PA 17257-1397 H. TOVAR EUTZY, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION -- LAW ROZEANN M. EUTZY, NO. 02-5312 CIVIL TERM Defendant IN DIVORCE COUNTERCLAIM CUSTODY AND NOW COMES Rozeann M. Eutzy, Defendant/Plaintiff on the Counterclaim, by and through her attorneys, Weigle & Associates, P.C., and states as follows: 1. The Defendant is Rozeann M. Eutzy, an adult individual currently residing at 19 Chestnut Grove Road, Shippensburg, Cumberland County, Pennsylvania. 2. The Plaintiff is H. Tovar Eutzy, an adult individual residing at 21 Scrafford Street, Shippensburg, Cumberland County, Pennsylvania. 3. The Defendant, Plaintiff on the Counterclaim, seeks primary physical custody of the following children: Wade Austin Eutzy Tiffany May Eutzy 19 Chestnut Grove Road Shippensburg Cumberland County Pennsylvania 19 Chestnut Grove Road Shippensburg Cumberland County Pennsylvania DOB 12/17/1992 DOB 12/15/1996 4. The children are presently in the custody of the Defendant, Rozeann M. Eutzy. The children have resided with the following persons and at the following addresses: Rozeann M. Eutzy and H. Tovar Eutzy Rozeann M. Eutzy 19 Chestnut Grove Road Shippensburg Cumberland County Pennsylvania 19 Chestnut Grove Road Shippensburg Cumberland County Pennsylvania July 2001 to September 2002 September 2002 to Present WEIGLE 6 ASSOCIATES. P.C. - ATTORNEYS AT LAW - 126 EAST KING :STREET - SHIPPENSBURG. PA 17257-1397 5. Rozeann M. Eutzy, Defendant/Plaintiff on the Counterclaim is the mother of the children. She is married but separated. H. Tovar Eutzy, Plaintifff/Defendant on the Counterclaim is the father of the children. He is married but separated. 6. Defendant has not participated as a party or witness or in another capacity in other litigation concerning the custody of the children in this or another court. Defendant has no information of a custody proceeding concerning the children pending in a court of this Commonwealth or any other state. Defendant does not know of a person not a party to the proceedings who has physical custody of the children or claims to have custody or visitation rights with respect to the children. 7. The best interest and permanent welfare of the children will be served by granting the relief requested because Rozeann M. Eutzy has been the primary caregiver for the children for the past twelve (12) months. 8. Each parent whose parental rights to the children have not been terminated and the person who has physical custody of the children have been named as parties to this action. No other persons are known to have or claim a right to custody or visitation of the children. WHEREFORE, Rozeann M. Eutzy, Defendant/Plaintiff on the Counterclaim, requests the Court grant her primary physical custody of the children. Respectfully submitted, 1 ?- oseph V. Ruane, Esquire ttto v for Defendant, Plaintiff on the WEIGLE & ASSOCIATES, P.C. Attorney ID #71577 126 East ]King Street Shippensburg,PA 17257 (717)532••7388 WEIGLE 6 ASSOCIATES. P.C. - ATTORNEYS AT LAW - 126 EAST KING STREET - SHIPPENSBURG. PA 17257-1397 VERIFICATION I verify that the statements made in the foregoing Counterclaim - Custody are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. 4904, relating to unswom falsification to authorities. Dated: / 7 3 4'akk-) /)% && ROZ ANN M.EUTZY Ua WEIGLE & ASSOCIATES. P.C. - ATTORNEYS AT LAW - 126 EAST KING STREET - SHIPPENSBURG. PA 17257-1397 ?? ? ? o ? ? o ? ? ? ? n ?__ ? . ?.,. .. . ?_: _ . . ?: ?? - _ SEP 2 6 2003 c? d H. TOVAR EUTZY, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V CIVIL ACTION --LAW NO.02-531?-IVIL TERM ROZEANN M. EUTZY, Defendant IN CUSTODY ORDER OF COURT AND NOW this `t? day of b O o 4Cf , 2003, the attached Custody Stipulation and Agreement is hereby made an Order of Court. cc: Marylou Matas, Esquire Attorneyfor Plaintiff 10-Ut-0-3 Joseph P. Ruane, Esquire / Attorney for Defendant BY THE COURT, WVMA NN3d lr),nr r'7n??,I .,,r I3 ym ? I cc wd I - loo co !t.u 1o Ilk H. TOVAR EUTZY, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V. ROZEANN M. EUTZY, Defendant CIVIL ACTION - LAW NO. 02-5312 CIVIL TERM IN DIVORCE AND NOW comes Plaintiff, H. Tovar Eutzy, by and through her attorney of record, Marylou Matas, Esquire, and moves the Court to appoint a Master with respect to the following claims: (x) Divorce (x) Distribution of Property O Annulment O Support O Alimony O Counsel Fees O Costs and Expenses O Alimony Pendente Lite and in support of her Motion states: Discovery is complete as to the claims for which the appointment of a Master is requested. 2. The Defendant has appeared in this action represented by Joseph R. Ruane, Esquire. 3. The Statutory grounds for divorce are 23 Pa.C.S.A. §3301(c). 4. This action is contested with respect to the claims: All of the above except divorce. 5. The action does not involve complex issues of law or fact. 6. The hearing is expected to take one day. 7. Additional information, if any, relevant to the motion: None. Respectfully submitted, w Marylpjd Matas, tsquire Attorney for Plaintiff GRIFFIE & ASSOCIATES 200 North Hanover Street Carlisle, PA 17013 (717) 243-5551 (800) 347-5552 c;;n a.? r N c-? I'- -'7 f l H. TOVAR EUTZY, Plaintiff V. ROZEANN M. EUTZY, Defendant PLAINTIFF'S AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under § 3301(c) of the Divorce Code was filed November 1, 2002. 2. The marriage of plaintiff and defendant is irretrievably broken and ninety days have elapsed from the date of filing and service of the Complaint. 3. 1 consent to the entry of a final Decree in 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 to the best of my knowledge, information and belief. 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: a?( 2 ? 0? IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 2002-5312 CIVIL TERM CIVIL ACTION - LAW IN DIVORCE H. Tovar Eutzy PLAINTIFF'S WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER4 3301 (c) OF THE DIVORCE CODE I consent to the entry of a final Decree of Divorce without notice. 2. 1 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. 1 understand that I will not be divorced until a Divorce Decree is entered by the Court SAWIS, LU* D AY nrrow?xs•,vuw 26 West High Street Carlisle, PA 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 to the best of my knowledge, information and belief. 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: a Q H. Tovar Eutzy OF llf 7 TW 2119 SEP 30 PM & 1 h PSOM" H. TOVAR EUTZY, Plaintiff V. ROZEANN M. EUTZY, Defendant DEFENDANT" S AFFIDAVIT OF CONSENT A Complaint in Divorce under § 3301(c) of the Divorce Code was filed November 1, 2002. 2. The marriage of plaintiff and defendant is irretrievably broken and ninety days have elapsed from the date of filing and service of the Complaint. 3. 1 consent to the entry of a final Decree in 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 to the best of my knowledge, information and belief. 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: I U IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 2002-5312 CIVIL TERM CIVIL ACTION - LAW IN DIVORCE Aaz??- AL?A?- Roze n M. Eutzy DEFENDANT'S WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER4 3301 (c) OF THE DIVORCE CODE I consent to the entry of a final Decree of Divorce without notice. 2. 1 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. 1 understand that I will not be divorced until a Divorce Decree is entered by the Court SAMIS, FLOWER Sz LINDSAY ATMRr&-VS.APUw 26 West High Street Carlisle, PA 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 to the best of my knowledge, information and belief. 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: a l? / `%,l Roz n M. Eutzy E..i i 20"1 7 G it i Page 1 of 10 oa- Sala MARITAL SETTLEMENT AGREEMENT aa-? THIS AGREEMENT, made this a U day of S I 'W 3 2009, by and between H. TOVAR EUTZY, hereinafter referred to as Husband, of 21 Scrafford Street, Shippensburg, Cumberland County, Pennsylvania 17257, and ROZEANN M. EUTZY, hereinafter referred to as Wife, of 19 Chestnut Grove Road, Shippensburg, Cumberland County, Pennsylvania 17257. WITNESSETH: WHEREAS, the parties hereto are Husband and Wife, having been married on October 7, 1995 in Shippensburg, Cumberland County, Pennsylvania, with two children, Wade A. Eutzy and Tiffany M. Eutzy, having been born of the marriage; and 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, and the parties hereto are desirous of settling their respective financial and property rights and obligations as between each other including, without limitation by specification; the equitable division of marital property; and the settling of all matters between them relating to the past, present and future support, alimony and/or maintenance of Wife by Husband or of Husband by Wife. NOW, THEREFORE, in consideration of the mutual promises, covenants and undertakings hereinafter set forth which are hereby acknowledged by each of the parties hereto, Wife and Husband, each intending to be legally bound hereby, covenant and agree as follows: AGREEMENT NOT A BAR TO DIVORCE PROCEEDINGS This Agreement shall not be considered to affect or bar the right of Wife or Husband to a limited or absolute divorce on lawful grounds, if such grounds 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 terms of Section 3301(c) of the Pennsylvania Divorce Code, as amended. EFFECT OF DIVORCE DECREE 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. Page 2 of 10 AGREEMENT TO BE INCORPORATED IN DIVORCE DECREE The parties agree that the terms of this Agreement may be incorporated into any divorce decree, which may be entered with respect to them, but it shall not be deemed merged into said decree. DATE OF EXECUTION The "date of execution" or "execution date" of the 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. ADVICE OF COUNSEL The provisions of this Agreement and their legal effect have been fully explained to the parties by their respective counsel, Marylou Matas, Esquire, for Husband, and Joseph P. Ruane, Esquire, for Wife. The parties acknowledge that they have received independent legal advice from counsel of their selection and that they fully understand the facts and have been fully informed as to their legal rights and obligations and they acknowledge and accept that this Agreement is, in the circumstances, fair and equitable and that it is being entered into freely and voluntarily after having received such advice and with such knowledge and that execution of this Agreement is not the result of any duress or undue influence and that it is not the result of any collusion or improper or illegal agreement or agreements. PERSONAL RIGHTS Wife and Husband may and shall, at all times hereafter, live separate and apart. They shall be free from any control, restraint, interference or authority, direct or indirect, by the other in all respects as fully as if they were unmarried. They may reside at such place as they may select. Each may, for his or her separate use or benefit, conduct, carry on 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 or in any manner whatsoever with him or her. LIFE INSURANCE Each party agrees that the other party shall have sole ownership and possession of any life insurance policies owned by the other. Each party shall have the right to borrow against, cash in policies, change beneficiaries, and exercise any other incidents of ownership of the respective policies free of any right or claim by the other party. Each party agrees to sign any documents necessary to waive, relinquish or transfer any rights in such policies to the respective party who presently owns such policies. Page 3 of 10 SEPARATION DATE The parties do hereby acknowledge that they separated on September 13, 2002. It is hereby agreed that September 13, 2002, shall be the separation date for purposes of equitable distribution under the Pennsylvania Divorce Code unless altered by subsequent agreement of the parties in writing and signed by each of the parties. No attempt at reconciliation shall be considered to alter the separation date unless evidenced by written agreement. PERSONAL PROPERTY A. Wife holds in her possession twenty nine (29) savings bonds totaling $2900.00. Said savings bonds to be expended only for the education of the two children. B. Husband and Wife do hereby acknowledge that with the exception of the items specified in Paragraph A they have previously divided their tangible personal property, including but not limited to jewelry, clothes, furniture, furnishings, rugs, carpets, household equipment and appliances, vehicles, pictures, books, works of art and other personal property and hereafter Wife agrees that all of the property in the 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. AFTER-ACQUIRED PERSONAL PROPERTY Each of the parties shall hereafter own and enjoy, independently of any claim or right of the other, all items of personal property, tangible or intangible, hereafter acquired by him or her, 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 not married. REAL ESTATE The parties are joint owners of a mobile home trailer and real estate located at 19 Chestnut Grove Road, Shippensburg, Cumberland County, Pennsylvania. This property is encumbered with a mortgage due and owing to TD Banknorth requiring the monthly payment of THREE HUNDRED EIGHTY-ONE ($381.00) DOLLARS per month. From the date of execution of this Agreement forward, Wife shall be solely and exclusively responsible for making any and all payments and meeting any and all financial commitments due and owing under the aforesaid mortgage. Wife shall indemnify Husband and hold him harmless from and against any and all demands for payment or collection activities of any nature whatsoever relative to the aforesaid mortgage from the date of execution of this Agreement forward and Husband waives and relinquishes any and all right, title, and interest in the aforesaid real estate and mobile home trailer. Page 4 of 10 Upon presentation of Husband through counsel of a special warranty fee simple deed conveying all of his right, title, and interest in the aforesaid property to Wife, Husband shall execute that deed and counsel for Husband shall immediately release the deed to Wife's counsel so as to allow for the deed to be recorded in conjunction with the recording of the Wife's refinanced mortgage. Husband shall upon presentation also execute any necessary documents to transfer the title of the trailer to Wife. Wife must file for a refinancing of the aforesaid mortgage with the current mortgage company or another legitimate financial institution within ninety (90) days of execution of this Agreement by the parties. In the event Wife's request for refinancing is denied, Wife is obligated to file an application for refinancing on the aforesaid mortgage with the current mortgage institution or another legitimate financial institution on the six (6) month anniversary of the execution of this Agreement by Wife and every six (6) months thereafter until such time as refinancing has taken place. If Wife is unable to refinance the aforesaid mortgage or upon Wife's death prior to having refinanced, the real estate and mobile home trailer shall be sold and the proceeds distributed to Wife or Wife's estate. WAIVER OF SPECIFIED CLAIMS BY WIFE Wife hereby waives any and all right to claim any interest or share in Husband's pension or retirement plans, 401(k), IRA, or other accounts through his present or prior employment. This specifically includes but is not limited to the Principal Financial Group 401(k) account that he has in his name alone. WAIVER OF SPECIFIED CLAIMS BY HUSBAND Husband hereby waives any and all right to claim any interest or share in Wife's pension or retirement plans, 401(k), IRA, or other accounts through her present or prior employment. INTANGIBLE PERSONAL PROPERTY The parties have already transferred or waived rights and interest in other intangible personal property, including their various bank accounts, credit union accounts, and the like. Each party agrees to sign any documents necessary to close any joint accounts within fifteen (15) days of signing this Agreement. Neither party shall make any claim of any nature whatsoever against the other party relative to the financial accounts or other investments or intangible personal property that have already been retained by that party as described herein. Page 5 of 10 WARRANTY AS TO EXISTING OBLIGATIONS Each party represents that he or she has 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 and 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. WARRANTY AS TO FUTURE OBLIGATIONS Wife and Husband 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 a liability whatsoever for which the estate of the other may be liable. DEBTS OF THE PARTIES The parties acknowledge that they have an outstanding debt or liability due and owing to MBNA, which is a credit line or credit card. From the date of execution of this Agreement forward, Wife shall retain sole and exclusive responsibility and obligation for the repayment of the aforesaid debt. Wife shall indemnify Husband and hold him harmless from and against any and all demands for payment or collection activity of any nature whatsoever relative to the aforesaid debt. Wife shall make all such payments due on this account in a timely fashion. Wife shall refinance this account to her own name or otherwise remove Husband's name as a responsible party from this debt. The parties shall close this line of credit or credit card and shall not incur further debt on this account in either party's name. Husband represents that a loan obligation secured by his Principal Financial Group 401(k) has been paid in full. Husband shall indemnify Wife and hold her harmless from and against any and all demands for payment or collection activities of any nature whatsoever relative to the aforesaid loan obligation. Each party represents to the other that except as is otherwise set forth in this Agreement, and more particularly as set forth above, there are no major outstanding obligations of the parties; that since the separation neither party has contracted for any debts for which the other will be responsible and each party indemnifies and holds harmless the other for all obligations separately incurred or assumed under this Agreement. Page 6 of 10 LUMP SUM PAYMENT TO WIFE In consideration of Wife's waiver of all rights arising from the marital relationship except as provided in this Marital Agreement, Husband shall pay to Wife the sum of FIVE THOUSAND ($5000.00) DOLLARS as of the date of the execution of this Agreement. LEGAL FEES Husband and Wife shall pay their own respective costs and fees for legal representation. INCOME TAX RETURNS The parties agree to file separate federal and state income tax returns. DEPENDENCY EXEMPTIONS FOR INCOME TAX For purposes of federal and state income taxes, Wife shall claim herself and one of the children and Husband shall claim the other child. The parties agree to file separate tax returns. MUTUAL RELEASES Husband and Wife each do hereby mutually remise, release, quitclaim and forever discharge the other and the estate of each other, for all time to come, and for all purposes whatsoever, of and from any and all rights, title and interest, or claims in or against the property (including income and gain from property hereafter accruing) of the other or against the estate of such other, of whatsoever 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, courtesy, or claims in the nature of dower or courtesy 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 surviving 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, 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 provision 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 provision thereof. Page 7 of 10 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. DIVORCE The parties hereto agree to enter into a mutual consent divorce under Section 3301(c) of the Pennsylvania Divorce Code, as amended. Husband agrees to pursue the present divorce action filed to No. 02-5312 Civil, 2002, in the Court of Common Pleas of Cumberland County, Pennsylvania. 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 future 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. LAW OF PENNSYLVANIA APPLICABLE This Agreement shall be construed in accordance with the laws of the Commonwealth of Pennsylvania. AGREEMENT BINDING ON HEIRS This Agreement shall be binding and shall inure to the benefit of the parties hereto and their respective heirs, executors, administrators, successors and assigns. BREACH If either party breaches any provision of this Agreement, the other party shall have the right, at his or her election, to sue for damages for such breach or seek such other remedies or relief as may be available to him or her, and the party breaching this contract shall be responsible for payment of legal fees and costs incurred by the other in enforcing their rights under this Agreement. WAIVER OF ALIMONY AND OTHER RIGHTS The parties hereto have been informed of their rights or have been advised to seek counsel to inform them of their rights under and pursuant to the Divorce Code, as amended, particularly the provisions for alimony, alimony pendente lite, equitable distribution of marital property, counsel fees or expenses. Both parties agree that this Agreement shall conclusively provide for the Page 8 of 10 distribution of property under the said law and except as specifically provided for in this agreement, hereby waive, release and relinquish any further rights they may respectively have against the other for alimony, alimony pendente lite, equitable distribution of marital property, counsel fees or expenses. From the date hereof, each party may acquire either personal or real property in their own name. Any property so acquired shall be owned solely by the individual and shall not be subject to any claim whatsoever by the other party. FINANCIAL DISCLOSURE The parties confirm that they have relied on the substantial accuracy of the financial disclosure of the other as an inducement to the execution of this Agreement. ENTIRE AGREEMENT 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. 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 it be construed as a waiver of strict performance of any other obligations herein. 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 provisions 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 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. HEADINGS NOT PART OF AGREEMENT 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 affect its meaning, construction or effect. Page 9 of 10 VOLUNTARY EXECUTION The provisions of this Agreement and their legal effect have been fully explained to the parties by their respective counsel, and each party acknowledges that the Agreement is fair and equitable, that it is being entered into voluntarily, and that it is not the result of any duress or undue influence. IN WITNESS WHEREOF, the parties hereto have set their hands and seals the day and year first above written. WITNESS: U . * 7g-r- - ? H. TOVAR E Y ROZ NN M. EUTZY Page 10 of 10 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND SS On this, the day of l? fLA-Cx- , 2009, before me a Notary Public, the undersigned officer, personally appeared H. TOVAR EUTZY, known to me to be the person whose name is subscribed to the within Agreement and acknowledged that he executed the same for the purposes therein contained. IN WITNESS WHEREOF, I have hereunto set my hand and seal. (SEAL) 11 A Public BARBARA E. STEEL, Notary Carlisle Boro, Cumberland County, PA M Commission Ex Tres June 7, 2011 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND : SS On this, the 12 n I day of c9ct-- ? , 2009, before me a Notary Public, the undersigned officer, personally appeared ROZEANN M. EUTZY, known to me to be the person whose name is subscribed to the within Agreement and acknowledged that she executed the same for the purposes therein contained. IN WITNESS WHEREOF, I have hereunto set my hand and seal. ik'-VG4 - /6- SEAL otariai lea Linda K. Klein, Notary Public Shippensburg, PA Cumberland County My Commission Expire'ic,: A? -- ' 15, 2012 i` ti .. L ( ' ' ?, ; , H. TOVAR EUTZY, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA VS. NO. 02 - 5312 CIVIL ROZEANN M. EUTZY, Defendant IN DIVORCE ORDER OF COURT AND NOW, this Sao- day of Oeu-w , 2009, the economic claims raised in the proceedings having been resolved in accordance with a marital settlement agreement dated September 28, 2009, the appointment of the Master is vacated and counsel can file a praecipe transmitting the record to the Court requesting a final decree in divorce. cc: ? Marylou Matas Attorney for Plaintiff ? Joseph P. Ruane Attorney for Defendant 1 BY THE COURT, Q „1 G Edgar B. Bayley, P.J. , I-- OTARY 2009 NOV -2 Atli 8: 15 "YL H. TOVAR EUTZY, Plaintiff ROZEANN M. EUTZY Defendant CIVIL ACTION - LAW NO. 2002-5312 IN DIVORCE PRAECIPE TO TRANSMIT RECORD To the Prothonotary: IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v Kindly transmit the record, together with the following information, to the Court for entry of a Decree in Divorce: Grounds for Divorce: Irretrievable breakdown under Section 3301(c) of the Divorce Code. 2. Date and manner of service of the Complaint: Defendant accepted service of the Complaint on November 5, 2002, via certified restricted mail. Proof of service was filed with the Court on November 13, 2002. 3. Date Affidavit of Consent required under Section 3301(c) or (d) of the Divorce Code was signed: By Plaintiff: On September 28, 2009 and filed with the Prothonotary on September 30, 2009. By Defendant: On October 2, 2009 and filed with the Prothonotary on October 16, 2009. 4. Related claims pending: Resolved by the Marital Settlement Agreement dated September 28, 2009. 5. Date Waiver of Notice under Section 3301(c) of the Divorce Code was signed: SAIDIS, FLOWER & LINDSAY MTOWEVS-AT-ILAW 26 West High Street Carlisle, PA By Plaintiff: On September 28, 2009 and filed with the Prothonotary on September 30, 2009. By Defendant: On October 2, 2009 and filed with the Prothonotary on October 16, 2009. SAIDIS, FLOWER & LINDSAY '3 ' hi Marylou Mata quire Supreme Court ID No. 84919 26 West High Street Carlisle, PA 17013 717-243-6222 Attorney for Plaintiff FILED-01:RvE OF THEE PR7-'HC",,'0TARY 2009 NOV -6 PM 3: 23 H. TOVAR EUTZY V. ROZEANN M. EUTZY IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA N0. 2002-5312 DIVORCE DECREE AND NOW, 150.V- LO D , it is ordered and decreed that H. TOVAR EUTZY , plaintiff, and ROZEANN M. EUTZY , defendant, are divorced from the bonds of matrimony. Any existing spousal support order shall hereafter be deemed an order for alimony pendente lite if any economic claims remain pending. The court retains jurisdiction of any claims raised by the parties to this action for which a final order has not yet been entered. Those claims are as follows: (If no claims remain indicate "None.") NONE. The terms of the Marital Settlement Agreement dated September 28, 2009, are incorporated, but not merged, into this Decree of Divorce. by the court, Aft LIM Protho otary //,;o }oq /I . po • 6' e4lit- 417 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA H. Tovar Eutzy, Plaintiff Vs. File No. 02-5312 IN DIVORCE Rozeann M. Eutzy, Defendant NOTICE TO RESUME PRIOR SURNAME Notice is hereby given that the Defendant in the above matter, [select one by marking "x"] prior to the entry of a Final Decree in Divorce, OR after the entry of a Final Decree in Divorce dated November 10, 2009, hereby elects to resume the prior surname of Rozeann M. Alleman, and gives this written notice avowing her intention pursuant to the provisions of 54 P.S. 704. Date: I I "q Signatu Sign re of name being resumed STATE OF PENNSYLVANIA ` ^ f COUNTY OF SS On this, the Od"ay of tly f , 2009, before me, a Notary Public in and for said County and State, the undersigned officer, personally appeared the above affiant known to me to be the person whose name is subscribed to the within document and acknowledged that she executed the foregoing for the purpose therein contained. IN WITNESS WHEREOF, I hereunto set my hand and official seal. %r W, kac- Notary Pu lic Notariet Seat Rhonda R. WoKord, Notary Pudto ShWensburg Born, Cumberland County Commission Wres Jan. 20, 2013 i It ?_J? 1?,1 7. ,?, " c ? 3 37 - ?v w (Ala 4-1-•