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Home My WebLink About00-02603 '",> ~ to, I ~ L__:~_________~~_~_ -,= ;.,;~ ~ ~.~ ,~ ~ ~ ~'s ~ ~,,:i * ~.~ ~ ~.~ * ~ ~'s ~ ~ ~.~ \,' ~ ~.~ 1!i ~ ~.~ ;'.s ~ ~ ~.; ~l ., ~ f', ~.~ f..~ ~ ~'~ ~ \/:' W t.~ ".s ~ ,"< ~.S I '-,,-' ~ t ~." ;~~ ~ f; ~.s ~ ;..~ ~ ~.~ ~ ~.~ ~ t.--; ~., 8 " k~ ~ ~ ''''''0',.:.;" ."",." , , " 1 -, :P .' --r ~:r~:!':')::.::!;:':;.3X:):C.,:)>>:.::':'.::."~:X."::XC!;:::~:c(:::<C~;::X.:~;:: ',:.::.:;';::';.>>:.,':":.::.:.::':':.::C!;.:':.~:{>.::C(::!~;';~__:.;::+:.;-;-,K::~::C~':~'~~'2~~:,X.:~~:,,';::.::!;t:"',~':.~~:C!~j3t.;)]:)~::~1 ~ ~ ~'~ a ~~ ~ ;.s ~ ~ ~ IN THE COURT OF COMMON PLEAS ~.", ~ ~." OF CUMBERLAND COUNTY STATE OF PENNA. Pl.'"Uff I I ... ....J.AM.J;;::?.. .::?". .WRX.(;Wr.. N o. ..Q.Q,-::.4.9.Q.~...Ci.)[.t+....::r.~rm Versus JILL L. WRIGHT ... . .DElfEln9ClI1t. DECREE IN DIVORCE AND NOW, . . . . . . . . . . . . . . . .,?r!/ . ~;.~; . .2.0Q;I.., it is ordered and decreed that. .. . . . . .. . . . . . :I.A;I1E~. .~'. . ~~.I.q~:r. . . . . . . . .. . , . . . ", plaintiff, and. . . . . . . . . . . . . . . . . . . . . . . ..:r:n.~. .r..,. Y'I.R:{:C;;!l.T. . . . . . . . . . . . . . . . " defendant, are divorced from the bonds of matrimony. The court retains jurisdiction of the following claims which have been raised of record in this action for which a final order has not yet been entered; ................ .Illon.e.................,.......................,.........., -................... ..................................... 4.. c;;L.. Attest. /i) ..-nh____..._~.(-----_ Prothonotary . ----- ~~ ::.::.::~:: :::.::+::0:::::.::.::.', :...::+::.':, :;~::.::~,:' :::-:.::.:, ".::.::., : .::.::.,:: ,,'.::.::., :".::.::~;' ,",,0"""'--1" ""'-'-- ~.~ * ~.s * ;..~ .~ ~ ~ ~ ~~~ ~ S ~ ~ ~-" ; i ~.s ~ ~ ~ ~.~ ~ ~ ~.~ ~ ::' '~ i ~.~ ~ ~ ~." ~ ~.~ ;..~ ~ ~.~ ~ W ~.~ ~ ~.~ ~ ~.~ ~ ~.~ J. ~.;' ~ ~ ... ~ y ~ ~.~ ~ v - , _< ,0 "",,~,'" Jf;,)(,.~ I tf..lt..tJl . ... ~" 'u ~ .~,. "~," ~'~'"'. .'.... '4 .'. .1'",,\"''' cJ,~ ~-ii4-0~ 11~ ~ t Jff. "- " ' ,,'~"~"'7''''',"- ~~1Il~~"- " .",,!,,~~" ".~,~~."~llJ!"', _""'!."T,~!R~ ~- - "' I .' . , . IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA JAMES S. WRIGHT, Plaintiff NO. 00-2603 Civil Term vs. CIVIL ACTION - LAW JILL 1. WRIGHT, Defendant 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: I. Ground for divorce: irretrievable breakdown under Section 3301(c) of the Divorce Code. 2. Date and manner of service of the Complaint: Mailed May I, 2001 by certified mail and received by Defendant on May 3, 200 I. 3. [Complete either paragraph (a) or (b).] (a) Date of execution of the affidavit of consent required by Section 3301(c) of the Divorce Code: by Plaintiff: April 3. 2001; by Defendant: April 4, 2001. (b) Date of execution of the Plaintiff's Affidavit required by Section 3301(d) of the Divorce Code: ,and, date of service of the Plaintiff's Affidavit upon the Defendant: 4. Related claims pending: None. All economic claims have been settled bv agreement dated April 4, 2001. 5. Date and manner of service of Notice ofIntention to file praecipe to transmit record, a copy of which is attached, if the decree is to be entered under Section 3301(d)(I) ofthe Divorce Code: 6. Date and manner of service of Notice ofIntention to file praecipe to transmit record, a copy of which is attached, if the decree is to be entered under section 3301(c) of the Divorce Code , or, date of execution of waiver of Notice ofIntent and date of filing: Plaintiff's Waiver of Notice was executed on April 3. 2001. and filed with the Prothonotary contemporaneously herewith. Defendant's Waiver of Notice was executed on April 4, 2001 and filed with the Prothonotary contemporaneously herewith. 7. The Plaintiff's Social Security Number is 094-56-4204. The Defendant's Social Security Number is 203-66-9119. ~~ G. Patrick O'Connor, Attorney for Plaintiff :biiil~IiJli!liiI~~l'lIllillilii~Irl_~~~I!IIiI~i;W";J~""?,,,''''''ili",:''',M'''i>l;t!li,,-(I-!t,~'''''~.-''"' ~ '1m",'"~",, '"'." "',"~,,~, ~~__"",>w._",~"",,,,,__,,,,.. ,~''N'",,~~," ,'-.,~"-' '~~ '._~ C" ..""_ ~,I,."", <="",~.,".",,'-",,' . ,,' _ ~"' L~,,, ~'v .~~ , ~ = . C) s:; ;:g FT .0:'_": ~' J:; C) >E: "", -{~\ t<, {=-) :-2 (." -' ~~," "!lii " , I' . .. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA JAMES S. WRIGHT, Plaintiff NO. 00 - ~(,.o:!l C'O~( '-r~ vs. CIVIL ACTION - LAW JILL L. WRIGHT, 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 judgment may also be entered against you for any other relief requested in these papers by the Plaintiff. You may lose money or property or other rights important to you. When the 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 the Cumberland County Court House, Carlisle, Pennsylvania 17013. IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY, LAWYER'S FEES OR EXPENSES BEFORE A DIVORCE OR ANNULMENT IS GRANTED, YOU MAY LOSE THE RIGHT TO CLAIM ANY OF THEM. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL ASSISTANCE. Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 Telephone: (717) 249-3166 , l, '. "-'-.; -, ~ ~ , t .. AVISO PARA DEFENDER Y RECLAMAR DERECHOS USED HA SIDO DEMANDADO EN LA CORTE. Si desea defederse de las quejuas expuestas en las paginas siquientes, debe tomar accion con prontitud. Se Ie avisa que si not se defiende, el caso puede proceder sin usted y decreto de divorcio 0 anulamiento puede ser emitido en su contra por la Corte. Una decision puede tambien ser emitida en su contra por cualquier otra queja 0 compensacion rec1amados por el demandante. Usted puede perder dinero, 0 propiedades y otros derechos importantes para usted. Cuando la base para el divorcio es indignidades 0 rompimiento irreparable del matrimonio, usted puede solicitar consejo matrimonial. Una lista de consejeros matrimoniales esta disponible en la oficina del Prothonotary, en la Cumberland County Court House, Carlisle, Pennsylvania 17013. SI USTED NO RECLAMA PENSION ALIMENTlCIA, PROPIEDAD MARITAL, HONORARlOS DE ABOGADO Y OTROS GASTOS ANTES DE QUE EL DECRETO FINAL DE DIVORCIO 0 ANULAMIENTO SEA EMITIDO, USED PUEDE PERDER EL DERECHO A RECLAMAR CUALQUIERA DE ELLOS. USTED DEBE LLEVAR ESTE PAPEL A UN ABOGADO DE INMEDIATO. SI NO TIENE 0 NO PUEDE PAGAR UN ABOGADO, VAYA 0 LLAME A LA OFICINA INDICADA ABAJO PARA AVERIGUAR DONDE PUEDE OBTENER ASISTENCIA LEGAL. Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 Telefano: (717) 249-3166 ,"---- " ~ -']&'; ~: 1 (' 1 , .. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA JAMES S. WRIGHT, Plaintiff NO. /JU. .,2l,63 ~-r.u- vs. CIVIL ACTION - LAW JILL L. WRIGHT, Defendant IN DIVORCE AFFIDAVIT OF MARRIAGE COUNSELING James S. Wright, being duly sworn according to law, deposes and says: I. 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. 2. I understand that the court maintains a list of marriage counselors in the Office of the Prothonotary, which list is available to me upon request. 3. 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 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: c.( Zl,- (j 0 1-:J4 Oafues S. Wright c ~ .. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. (J-()- .;lto3 ~ '!.u.--- JAMES S. WRIGHT, Plaintiff vs. CIVIL ACTION - LAW JILL L. WRIGHT, Defendant IN DIVORCE COMPLAINT IN DNORCE AND NOW, this ~ day of April, 2000, comes the Plaintiff, James S. Wright, by his attorney, G. Patrick O'Connor, Esquire, Office ofG. Patrick O'Connor, Esquire, and files the following Complaint in Divorce whereof the following is a statement: I. The Plaintiff, James S. Wright, is an adult individual who currently resides at 1824 Geyers Church Road, Middletown, Dauphin County, PA 17057. 2. The Defendant, Jill L. Wright, is an adult individual who currently resides at 548 Gobblers Knobb Road, Friedens, Somerset County, PA 15541. 3. The Plaintiff and Defendant were married on or about November 16, 1996, and separated on or about February 29,2000. 4. The Defendant 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. 5. There have been no prior actions of divorce or annulment between the parties. 6. The Plaintiff has been advised of the availability of counseling and the right to request that the Court require the parties to participate in counseling. - -~ - - '-'. ' ~" c ,r < . " " 7. Both the Plaintiff and Defendant are sui juris and are citizens of the United States. 8. The Plaintiff avers as the grounds upon which this action is based is that the marriage between the parties hereto is irretrievably broken. WHEREFORE, the Plaintiff request your Honorable Court to enter a decree divorcing the Plaintiff and Defendant absolutely. Respectfully submitted, .,.~~ff~ /G. Patrick O'Connor, Esquire 3105 Old Gettysburg Road Camp Hill, PA l70ll (717) 737-7760 ill No. 64720 Attorney for the Plaintiff ~. '"~ "~k' ~, ~ ~ ~ 'I ,- ~ . G ~ ( . " VERIFICATION I, JAMES S. WRIGHT, state that I am the PLAINTIFF in the above-captioned case and that the facts set forth in the foregoing are true and correct to the best of my knowledge, information, and belief. I realize that false statements herein are subject to the penalties for unsworn falsification to authorities under 18 Pa.C.S. Sec. 4904. :i , , I ! " , ;,i / 1,.2- (;'-00 Date: 'I d.~~ i I I '~ "" '"" '. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA JAMES S. WRIGHT, Plaintiff NO, 00-2603 Civil Term vs. CIVIL ACTION - LAW JILL L. WRIGHT, Defendant IN DIVORCE AFFIDAVIT OF SERVICE BY MAIL PURSUANT TO PA. R. CIV.P. 1920.4 G. Patrick O'Connor, Esquire, being duly sworn according to law, deposes and says that he mailed a copy of the Complaint in Divorce filed in this matter by certified mail, return receipt requested, addressee only, to the Defendant at 548 Gobblers Knobb Road, Friedens, PA, 15541, on May 1, 2001. The retumreceipt signed by the Defendant is evidence of delivery to her and is attached as Exhibit "N'. I verifY that the facts contained above are true and correct to the best of my knowledge, information and belief I understand that the facts herein are verified subject to the penalties for unsworn falsification to authorities under Crimes Code, Section 4904 (18 Pa.C.S. ~4904). Patrick O'Connor, Esquire J.D. No. 64720 3105 Old Gettysburg Road Camp Hill, PA 17011 Phone 717-737-7760 Attorney for Plaintiff Complete items 1 J 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 on the front if space permits. 1. Article Addressed to: ..7// L.. MjhC 5'-1-6 CoMh<sg,066~ddd ;::;'/e..c/=->S) ;2)A /SS-1-/ D. Is deliv.ery address different from item 11 If YES. enter delivery address below~ 3. _ SeJVlce Type ~ Certified Mail o Registered o Insured Mail . 0 Agent o Addressee DYes o No o Express Mail o Return Receipt for Merchandise' o C.O.D. - 2. Article l.[lJrnb....~ \Copy from service label) z ,its 7-.o/C:;; IS' / 4. Restricted Delivery'!' (Extra Fee) XYes ~ - PS Form 3811, July 1~99 DQmestlc 'Return Receipt . EXHIBIT "A" 102595-GG'M.17B9 -..:. - -- (") c vf$ rolF',' ~~'- r: r-- ::-:": ~ . "<;...., >c :2: -' -< ...:::;, ~; ,M,,) G ~-~ ; , "..... -< ~~ .. ~-, .. '~~ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA JAMES S. WRIGHT, Plaintiff NO. 00-2603 Civil Term vs. CIVIL ACTION - LAW JILL L. WRIGHT, Defendant IN DIVORCE AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed on April 27, 2000 and service made on the Defendant on May 3, 2000. 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety (90) days have elapsed from the date of 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 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. I verify that ihe 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. Section 4904 relating to unsworn falsification to authorities. DATE: 1/;/ fJ/ i~~~i1fMi!J!!i~IHil1l-lilii:.iI~~"lli:j;"""~lli,;'''h"!!L~-''~~').\~:'",!''''''llihlli",j~f.~~i~iIf~""'~ll~."'< , ~.;.,~""""1&l:l1lt!t:""""""'" C) c i=RF> 65~'- ---:;:~ ~~c-: "':;;c:: j;~g ~~: -.-j -< ~ ,~~, ' ":2'"" ~TJ j,,--) C:' ~:~- cn 1._ - ~~ ~- ""'""" I IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA JAMES S. WRIGHT, Plaintiff NO. 00-2603 Civil Term vs. CIVIL ACTION - LAW JILL L. WRIGHT, Defendant IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER SECTION 3301(c) OF THE DIVORCE CODE 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 the foregoing are true and correct. I understand that fillse statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904, relating to unsworn falsification to authorities. DATE: ~/&/ ~!Ii!IIl_i~tt~t&l~~~~~lilli~;ld.+,,,mW""h!cl,-,,1il'-""'~'ci' 'o;r,';:;b,'&"li<.~.~Ilil!ji - ,.....'. ',',. ~,.., ~.~~C,," ,,",~ 17f'}.'.""''',,_,V'' +'< _" -,<~,"-' ,-I """ -'-"""""-","^- iiIIi~illllli!l.~ -"'Iq~" ,'-- "~'tf "" 5:-\ ~;; ~". !~t~:-.' ~!j~ ~~~l::,- 5=~:~ 2~ --' -< ~', !;: f ,. I , i I , I ! i "-''t ""-) "", r:- (]:- )TI, f1, ,UJ[l~. t<", )_t~"P'R:.r.J zv_ .,",. "_,~0' ~ll"-L4,,,.Jo '_'>C .I.", IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA JAMES S. WRIGHT, Plaintiff NO. 00-2603 Civil Term vs. CIVIL ACTION - LAW JILL L. WRIGHT, Defendant IN DIVORCE AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed on April 27 , 2000 and service made on the Defendant on May 3, 2000. 2. The marriage of Plaintiff and Defendant is irre}rievably broken and ninety (90) days have elapsed from the date of 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 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. 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. Section 4904 relating to unsworn falsification to authorities. DATE: L\ \ 1.\\ 01 \ . ~ \l.L., "lA IU 'f f'-- Jill L. Wright, Defendant IlliII ",-,;~. (~, ~ ~~: 'w"~ "iITW!1l!i_Iiil>............,"".~~j'Ilii&l~IIi!A;!~jil;~~""'- - " ',--] ~, , _I. """l c _>, _ " ,~,,','~. C) C :S-,,. r1o\H.. 72: ','J. Z[ (IJ, ;:S ~<,"" -::- );:0- ~'--', ~~ ~:'~ " ,rr ~. (::::- =< ~j,li I~ 1" 'i' 1',1". ~ , " , !i I i "-:,j r<) c f,:.- (Jl "^r>~ ~,~. ~ a__ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA JAMES S, WRIGHT, Plaintiff NO, 00-2603 Civil Term vs, CIVIL ACTION - LAW JILL L. WRIGHT, Defendant IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER SECTION 3301( c) OF THE DIVORCE CODE 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 ifl 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 ofthe decree will be sent to me immediately after it is filed with the Prothonotary, I verifY that the statements made in the foregoing 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: 1..\ \ 4 \ 0 I ~ \ 6 if\ cfK- Jill L. Wright, Defendant ~1JIIi~_IIiIil._id_~Nr,wI~.b~l.P-;~_ ~~,~~ =~ -~", ~,< > - " .--",",- .- , .,,- ,-' - ,~~, --,' " ~.. (""-, ;.! ,- :;;;,"'. -Vr:-~~ rnfT': Z:.' 2:L ~ ~.. ~:.:>--\ :::;;::-1._, /'":~ .-<- .---f -< ~. .<<-'" < c:::) - 'J :"0 C' -":',. (" ~, ~. ~" .~ ,-~= -\: 'j if " !i " I :1 j :~ " , " ,I i I '! , >,~ "",'" -'" .'; , SEPARATION AND PROPERTY SETTLEMENT AGREEMENT TillS AGREEMENT made and entered into this LfUciay of ~J/ ~ 2001, by and between JAMES S, WRIGHT, of Dauphin County, Pennsylvania, party of the first part, hereinafter referred to as "Husband," and JILL L. WRIGHT, of Somerset County, Pennsylvania, party of the second part, hereinafter referred to as "Wife," WITNESSETH: WHEREAS, the parties hereto are husband and wife, having been married on or about November 16, 1996; and WHEREAS, certain differences have arisen between the parties as a consequence of which they intend to live separate and apart from each other during the rest of their natural lives; and WHEREAS, the parties desire to confirm their separation and desire to enter into an agreement for the final settlement of their property and affairs; and WHEREAS, the parties intend to dissolve their marital status by means of a divorce pursuant to Section 330l[c] of the Divorce Code of Pennsylvania, NOW, THEREFORE, in consideration of the foregoing and in further consideration of the covenants and promises hereinafter mutually to be kept and performed by each party hereto, as well as for other good and valuable considerations, it is agreed as follows: ,~, f 1, SEPARATION. It shall be lawful for each party at all times hereafter to live separate and apart from the other party, at such place or places as he or she from time to time may choose or deem fit. 2, NON-INTERFERENCE. Each party shall be free from interference, authority and control, direct or indirect, by the other in all respects as fully as if he or she were single and unmarried, 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, Neither party shall molest, harass, disturb or malign the other or the family of said other, nor compel or attempt to compel the other to cohabit or dwell with him or her. 3, MUTUAL RELEASES, Husband relinquishes his inchoate intestate right in the estate of Wife, and Wife relinquishes her inchoate intestate right in the estate of Husband, and each of the parties hereto by these presents, for himself or herself, his or her heirs, executors, administrators or assigns, does remise, release, quitclaim, and forever discharge the other party hereto, his or her heirs, executors, administrators or assigns, or any of them, of and from any and all claims, demands, damages, actions, causes of actions, or suits at law or in equity, of whatsoever kind or nature, for or because of any matter or thing done, omitted, or suffered to be done by said party prior to and including the date hereof; except that his release shall in no way exonerate or discharge either party hereto from the obligations and promises made and imposed by reason ofthis Agreement, and shall in no way ~~ ~ affect any cause of action in absolute divorce which either party may have against the other party, 4, MARITAL PROPERTY. The parties hereto acknowledge and agree that they acquired various assets and debts before and during their marriage, whether the same were held jointly or individually by the parties hereto, including but not necessarily limited to: ( a) The marital residence, a single family home located at 1824 Geyers Church Road, Middletown, PA The said marital residence is titled to Husband, is worth approximately $85,000, has two mortgages held by GMAC totaling approximately $81,000, and has an equity value of approximately $4,000, (b) Household goods, contents, furniture and furnishings located in the family residence, (c) Husband's 40l(k) retirement plan through his employer, Bulkmatic, administered by Dean Witter, Said plan has an approximate value of $30,000, (d) Husband's 1990 Ford Escort, worth about $200 at the time of separation, titled in the name of Husband , (e) Wife's 1999 Toyota Camry, which is leased and which requires monthly payments to be made until Mayor June 2004, (f) Various items of personal property of a personal nature, ="", ~'. :I!J - 5, DISTRIBUTION OF MARITAL PROPERTY. The parties hereto covenant and agree that the assets described in Paragraph 4, above, have been or are hereby being divided and distributed between them as follows: (a) Wife relinquishes and disclaims any and all ownership, and title in the marital residence, Wife covenants and agrees that Husband shall be and remain the sole and separate owner of same, Husband shall remain in possession and be responsible for all maintenance, expenses and debt related to the marital residence until such time as he decides to sell the property, Immediately pursuant to the sale and settlement, any net proceeds realized from the sale of said marital residence after all fees, expenses and taxes related to the sale are deducted, shall be divided equally by the parties, (b) Household goods, contents, furniture and furnishings located in the family residence were divided prior to execution of this agreement (c) Wife relinquishes and disclaims any and all ownership, right, title and interest in Husband's 40l(k) plan, and Wife covenants and agrees that Husband shall be and remain the sole and separate owner of same. (d) Husband's 1990 Ford Escort was disposed of prior to execution ofthis agreement. ( e) Husband and Wife agree that the leased 1999 Toyota Carmy shall remain in possession of Wife , Husband shall be responsible for making the monthly lease payment. Husband shall be responsible for providing . ~ auto insurance and helping with maintenance of the vehicle until the lease period expires, When the term of the lease is completed in 2004, Husband shall pay one-half of cost of "over-miles" , However, in the event that Wife decides to purchase the car at the end of the lease period, Husband shall co-sign a loan in the amount necessary to purchase the car, help to make the payments and help to provide maintenance for the car for an additional period of six months, (f) Various items of personal property of a personal nature were divided prior to this agreement. Each of the parties hereto relinquishes and disclaims any and all ownership, right, title and interest in or to the personal effects ofthe other, 6, EQUITABLE PROPERTY, This Agreement constitutes an equitable division of the parties' marital property, The parties have determined that the division of this property conforms with regard to the rights of each party, The division of existing marital property is not intended by the parties to constitute in any way a sale or exchange of assets, 7, CUSTODY AND VISITATION, Custody and visitation has been stipulated by and between the parties as follows: (a) The parties shall have joint legal custody of their daughter, Sara Wright. By joint legal custody it is meant that the parties shall both be responsible for making all major decisions concerning the child's education, medical care, and spiritual upbringing, Wife shall have primary physical custody of Sara, - , . ',' , , (b) Husband shall have visitation every other weekend from 7:00 p,m. Friday until Sunday at 2:00 p,m, (c) Wife shall be responsible for transporting Sara for visitation until such time that it is agreed upon that the parties will meet at a half-way point. (d) At the discretion of Husband, Wife may pick up daughter, Sara, for a portion of the weekend during which Husband is normally scheduled to have visitation, ( e) Husband may not take Sara out-of-state without Wife's permission, (f) Husband shall have visitation each year from December 26 at 1 :00 p,m, until December 27th at 3 :00 p,m., unless decided otherwise by mutual agreement. (g) Husband shall have visitation on alternating holidays, During odd- numbered years, Husband shall have visitation on New Year's Eve and New Year's Day, and Thanksgiving Day, In even-numbered years, Husband shall have visitation on Easter Day, The hours for visitation shall be determined by mutual agreement. (h) Husband shall have custody of Sara for one week each year during Sara's vacation, Husband shall provide at least one month's notice of the dates for this vacation period, In the event that Sara does not desire to visit with Husband for the entire week, Husband shall not require her to do so, (i) Husband shall provide advance notice to wife prior to any visitation by Husband's family with Sara, I_"'''"'''~". "'" ~""""""'_" 'Jill G) Neither Husband nor Wife shall rent any portion oftheir residences to any other person before Sara reaches the age of 18 years without the agreement of the other party, (k) The parties agree that this custody agreement shall supersede the previous custody agreement which was executed and made an Order of Court in 1999, 8, SUPPORT AND ALIMONY, Husband and Wife have agreed to the following child support arrangement: (a) Husband shall provide to Wife $150,00 per week for the support of daughter, Sara, (b) Husband shall provide life insurance through his company life insurance policy for the benefit of Sara, Should Husband die, fifty percent (50%) of the death benefits shall be provided directly to Wife for support of Sara and fifty percent (50%) shall be provided for a college fund for Sara. (c) In addition, Husband shall provide to Wife $150,00 each Spring and $150,00 each Autumn for Sara's clothing, (d) Husband shall not be required to pay support after Sara reaches the age of 18 years, or graduates from high school, whichever shall occur later. 9, INDEMNIFICATION FOR PAST DEBTS, Except as otherwise provided in Paragraph 5, above, each of the parties hereto covenants and agrees to assume full responsibility for and to pay all debts and obligations of whatsoever kind or nature incurred individually by that party prior to the day and date of this Agreement, and each of the parties hereto hereby covenants and agrees to indemnifY the other party ~ .- ~il and save him or her harmless from all liability or claim on account of said debts and obligations from and after the date hereof 10, FUTURE OWNERSHIP OF PROPERTY, Each of the parties hereto may hereafter own and enjoy, independently of any claims or rights ofthe other, all items of personal and real 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 unmarried, 11, MUTUAL RELEASES, The parties acknowledge that under prevailing Pennsylvania law they each have certain possible fiscal rights, including but not limited to the following: spousal support, alimony pendente lite in the event of a divorce, permanent alimony subsequent to a divorce, recovery of counsel fees, costs and expenses in the event of a divorce, and equitable distribution of marital property, It is the intention of the parties hereto that all of the foregoing rights and remedies, with the exception of those otherwise provided in this Agreement and aforementioned Custody Agreement, are hereby waived and forever released and that this Agreement shall have the effect of a final Order of Court relieving each party ofthe obligation to the other for any and all of the foregoing possible rights and remedies, The parties have effected an equitable distribution of their marital property and neither will seek further distribution by any action at law or in equity, 12, EFFECT OF DIVORCE DECREE, The parties covenant and 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, . "r , . , --~, 13, INDEMNIFICATION FOR FUTURE DEBTS, Each of the parties hereby covenants and agrees with the other party not to make, incur or attempt to make or incur any debt or obligation for or on behalf of the other party hereto, or for which the other party may be held liable, from and after the date hereof, and each of the parties hereto hereby covenants and agrees to indemnifY the other party and save him or her harmless from all liability or claim on account of said debt or obligations from and after the date hereof. 14, OTHER DOCUMENTS, Each of the parties hereto shall, from time to time, at the request of the other party, execute, acknowledge and deliver unto said other party any and all further documents or instruments which may be reasonably required to give full force and effect to the terms and provisions of this Agreement. 15, DIVORCE. This Agreement shall not be construed to affect or bar the right of either Husband or Wife to an absolute divorce on legal and truthful grounds if they now exist or may hereafter arise, 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 occurred prior to or which may occur subsequent to the date hereof. It is understood, however, that Husband will pursue an action in divorce pursuant to Section 330 I ( c) of the Divorce Code of Pennsylvania, on the grounds that the marriage is irretrievably broken, and that both parties agree to execute and file the appropriate affidavits of consent necessary to complete said action in divorce on the basis of mutual consent. 16, SEVERABILITY. The waiver of any term, condition, clause or provision of this Agreement shall in no way be deemed or considered a waiver of any other term, . ~" ~J . ~ . . condition, clause or provision of this Agreement, and if any provision of this Agreement is held to be invalid or unenforceable by a court of competent jurisdiction, all other provisions shall nevertheless continue to be in full force and effect. 17, LAW OF PENNSYLVANIA APPLICABLE. Both parties covenant and agree that they have had ample and sufficient time to carefully and fully review the terms and provisions of this Agreement and to seek and obtain the advice and counsel of an attorney with respect to the same, Husband has engaged the services of G, Patrick O'Connor, Esquire, Wife has had the opportunity to engage legal counsel of her choice, and each party has carefully reviewed the terms and conditions of this Agreement with his or her respective counsel. Both parties covenant and agree that they fully understand the facts upon which this Agreement is premised and based, that they believe this Agreement to be fair and equitable, that said Agreement is being entered into freely and voluntarily by each ofthem, and that the 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, 18, INTEGRATION, This Agreement constitutes the entire understanding between the parties and supersedes any and all prior agreements and negotiations between them, Both parties further agree that there are no covenants, conditions, representations or agreements, oral or written, of any nature whatsoever, other than those contained herein, IJ~ -~ -" -, oil l.... 19, AGREEMENT BINDING UPON HEIRS, This Agreement shall be binding upon the parties hereto and their respective heirs, executors, administrators and assIgns, 20, RECONCILIATION, In the event that the parties should reconcile and resume living together as Husband and Wife subsequent to the execution of this agreement, and then later separate or become divorced, this agreement shall continue in full force and effect as if no reconciliation had taken place, This provision shall apply regardless of whether any other provision of this agreement had previously been waived. IN WITNESS WHEREOF, the parties hereto, intending to be legally bound hereby, have hereunto set their hands and seals the day and year first above written, WITNESSETH: ~~ 1 ~swrigh' (SEAL) I / iJ." I --- ;//7' L(~;r(lAY,-~~ ,}_to l. ~I'-P_~SEAL) Jill L. Wright . . , - ._~~.. "- '~."" .... iJ ,.. "'f '. ... COMMONWEALTH OF PENNSYLVANIA) : SS, COUNTY OF CUMBERLAND ) On this, the :2:;ld- day of ~ 2001, before me, a Notary Public in and for the state and county aforesaid, the undersigned officer, personally appeared JAMES S, WRIGHT, known to me (or satisfactorily proven) to be the person described in the foregoing instrument, and acknowledged that he executed the same for the purposes therein contained, IN WITNESS WHEREOF, I hereunto set my hand and official seal, ,,\lUdHlU!t \\\\ , IiI; . "..., "',j\ L. '{; ;fr,-, ,...... t,..\: ..~'.". l..{~ '."J ,:::: ',....."".."',''=......v''::( ::: V.' -..\,,''oJ.......,:1/. . r;. :~~~~.. ',~~:cl' ,~:.:...,-<;}~'!-.-;'f~ '. ..y''I''l\>'''''''';::' "',-- ",--:,,~ _.....l'.._~. v .,>..,.~ -./:::-' , e,/;" - '- ,.>",,, " .,;,,;,~),".I'~'''' ,A.~~r", '1('\:.,,:,-"">., , ''-'~ '?'~~;~~:~""~~Jt,;'~,\~~.~,~\~~Y"::" L0JLL eh\\ Notary Public (SEAL) Notarial Seal William L, Grubb, Notary Public Lower Allen Twp" Cumberland County My Commission Expires Aug, 13, 2001 COMMONWEALTH OF PENNSYLVANIA) : SS, COUNTY OF dJM ~<::;fT ) On this, the t{'tJ- day of --.J.p fJ...l L 200 / , 2001, before me, a Notary Public in and for the statd and county aforesaid, the undersigned officer, personally appeared JILL L. WRIGHT, known to me (or satisfactorily proven) to be the person described in the foregoing instrument, and acknowledged that she executed the same for the purposes therein contained, ,.,,'\ ~;~1~i~'{iN'\VlTNESS WHEREOF, I hereunto set my hand and official seal, ,,;~~~~r~}~;~t+{; ~ J . ~ 711. f j) \ -\-;;'-;';..,~,.;c.;'''''';Qf''''''!' ,,0;,,-," ~ 'P-f,Y(SEAL) ffli}ifi::~' Nomry POb~m:=~ h';.,':" ", "J"" My Com~lssion Expires Sept. 27, 2004 Member, Pennsylvania Associalion of Notaries .