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IN THE COURT OF COMMON PLEAS
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OF CUMBERLAND COUNTY
PENNA.
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STATE OF
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. CINDY L. ARNOLD,
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No.
2000-2635 Civil
Plaintiff
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VERSUS
WILLIAM J. ARNOLD,
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Defendant
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DECREE IN
DIVORCE
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NOW, ----Y1v&l11J 1-
, IT IS ORDERED AND
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, 2000
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AND
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Cindy L. Arnold
, PLAINTIFF,
DECREED THAT
AND
William J. Arnold
, DEFENDANT,
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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; lJo~
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The attached agreement between the parties dated July 28, 2000
is incorporated but not merged into this Divorce Decree.
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ATTEST:
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PROTHONOTARY
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MARITAL AGREEMENT
THIS AGREEMENT, made this
~ day of
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first part,
2000, by and between CINDY L. ARNOLD, party of the
hereinafter referred to as "Wife", and WILLIAM J. ARNOLD, party
of the second part, hereinafter referred to as "Husband".
WITNESSETH:
WHEREAS, the parties hereto are husband and wife,
having been married January 7, 1989; and
WHEREAS, there has been issue of that marriage, to wit:
JOHN R. ARNOLD, born June 15, 1990 and ARIEL M. ARNOLD, born
December 15, 1991; and
WHEREAS, certain differences have arisen by and between
the parties as a result of which they have now separated or now
liv.e separate and apart from one another, or contemplate living
separate and apart from one another, and the parties hereto are
desirous of settling fully and finally their respective financial
and property rights and obligations as between each other
including, without limitation by specification: the settling of
all matters between them relating to the ownership and equitable
distribution of real and personal property; the settling of all
matters between them relating to the past, present and future
support and/or maintenance of the children; the implementation of
custody/visitation arrangements for the minor children of the
parties; the settling of all matters between them relating to the
past, present and future support, alimony and/or maintenance of
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Wife by Husband or of Husband by Wife; and in general, the
settling of any and all claims and possible claims by one against
the other or against their respective estates.
WHEREAS, the parties being fully advised as to their
respective rights, duties and obligations growing out of their
marital status, particularly with respect to the relevant sec-
tions of the Divorce Code, December 19, 1990, P.L. 1240, Act 206,
as amended, and being fully aware of their right to consult with
or having consulted with their respective legal counselor
advisors, and having had the opportunity and ability to request a
full and complete disclosure of income and assets from the other,
and reviewing this Agreement, have come to an agreement as to
each and all of their said matters of property and relations; and
WHEREAS, CINDY L. ARNOLD has filed a No-fault Complaint
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in Divorce, said Complaint being docketed in the CUmberland
County Prothonotary's Office at No. 2000-2635 Civil Term.
NOW, THEREFORE, in consideration of the above recitals
and the mutual covenants hereinafter set forth, each of the
parties hereto intending to be legally bound hereby by affixing
their hands and seals agree as follows:
1. SEPARATION
It shall be lawful for each party at all times
hereafter to live separate and apart from each other in such
place or places as he or she may from time to time choose or deem
fit.
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2. INTERFERENCE
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 molest the other
or compel or endeavor to compel the other to cohabitate or dwell
with him or her, or to in any way harass or malign the other.
3. WAIVER OF CLAIMS AGAINST ESTATES
Except as otherwise provided herein, Husband reI in-
quishes his inchoate intestate right and his right to act as a
personal representative in the estate of Wife, and Wife reI in-
qui shes her inchoate intestate right and her right to act as a
personal representative in the estate of Husband. Each of the
parties hereto by their presents, for himself or herself, his or
her heirs, executors, administrators or assigns, does remise,
release, quit-claim and forever discharge the other party hereto,
his or her heirs, executors, administrators or assigns or any of
them, of any and all claims, demands, damages, actions, causes of
actions, suits, at law or equity, of whatsoever kind or nature,
for or because of any matter or thing omitted or suffered to be
done by said other party prior to and including the date hereof,
except that this release shall in no way exonerate or discharge
either party hereto from the obligations and promises made and
imposed by reason of this Agreement and shall in no way affect
any cause of action in absolute divorce which either party may
have against each other.
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4. MARITAL PROPERTY
The parties hereto acknowledge that during their
marriage they have acquired, individually or jointly, various
assets and property, including, but not necessarily being limited
to, the following:
(A) Jewelry, stamp collections, carousel horses, John
Perry Sculpture, various steins, and other household furnishings,
appliances and other household personal property;
(B) Real estate, having erected thereon a dwelling
house being known and numbered as 2620 Shingus Circle, Grantham,
Cumberland County, Pennsylvania;
(C) Real estate, having erected thereon a dwelling
house being known and numbered as 1929 Fisher Road,
Mechanicsburg, Cumberland County, Pennsylvania;
(D) Interest in real estate owned in partnership by
and between Cindy L. Arnold and Mark A. Knaub, being real estate
held for the purposes of residential development, including any
and all improvements made thereto, same being commonly known and
referred to as Meadowview Estates, upper Allen Township,
Cumberland County, Pennsylvania;
(E) Interest in unimproved real estate containing
approximately 1.95 acres, same being owned by Cindy L. Arnold,
Kimberly Ann Schaeffer and Mark A. Knaub, as tenants in common,
same being located in Silver Spring Township, cumberland County,
Pennsylvania;
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(F) 1998 Chevrolet Venture motor vehicle;
(G) 1991 Toyota Previa motor vehicle;
(H) Various bank accounts with Allfirst Bank, formerly
being Dauphin Deposit Bank and Trust Company;
(I) Various stock holdings including, but not
necessarily being limited to Coca-Cola, America On Line, Compaq,
Intel; CMGI, CISCO, Lucent Technologies, Nokia, vitesse
Semiconductor and Novell;
(J) E*Trade Securities, Inc. Account;
(K) Mutual Funds, including, but not necessarily being
limited to, Fidelity Chemicals, Fidelity Electronics, Kaufmann
and PBHG Growth;
(L) u.S. Series EE Savings Bonds (6 bonds each in the
face amount of $50.00);
(M) SEP-lRA Accounts Owned by Wife (Kaufmann, Janus
Mercury, Janus Worldwide Oakmark Fund and Oakmark Select);
(N) Roth-IRA Accounts Owned by Husband (Janus Mercury,
Janus Twenty and Janus Worldwide);
(0) Roth-IRA Accounts Owned by Wife (Janus Mercury,
Janus Twenty and Janus Worldwide);
(P) IRA Account of Wife with Best of America, Account
No. 01-0474908;
(Q) IRA Account of Husband with Best of America,
Account No. 01-0474909;
(R) Uniform Gift to Minor's Act Accounts (UGTMA)
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maintained by Husband and Wife for the benefit. of their children,
John R. Arnold and Ariel M. Arnold
(S) Nationwide Retirement Account of Husband;
(T) Lifetouch Retirement Plan (ESOP) of Husband;
(U) state Farm Life Insurance Policy owned by Wife and
various life insurance policies owned by Husband with respect to
his employment.
5. PERSONAL PROPERTY
The parties hereto mutually agree that they have
effected a satisfactory division of jewelry, stamp collections,
carousel horses, John Perry Sculpture, various steins, and other
household furnishings, appliances and other household personal
property, furniture, household furnishings, appliances and other
household personal property between them, and they mutually agree
that each party shall from and after the date hereof be the sole
and separate owner of all such tangible personal property pres-
ently in his or her possession, whether said property is hereto-
fore owned jointly or individually by the parties hereto, and
this Agreement shall have the effect of an assignment or bill of
sale from each party to the other for such property as may be in
the individual possessions of each of the parties hereto.
The parties hereto have divided between themselves, to
their mutual satisfaction, all items of tangible and intangible
marital property. Neither party shall make any claim to any such
items of marital property, or of the separate personal property
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of either party, which are now in the possession and/or under the
control of the other.
From and after the date of the signing of this Agree-
ment both parties shall have complete freedom of disposition as
to their separate property which is in their possession or
control pursuant to this Agreement and may mortgage, sell, grant,
conveyor 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.
6. REAL ESTATE
(Al 2620 Shinaus Circle. Grantham. pennsvlvania -
wife agrees to transfer to Husband all of her right, title and
interest in and to real estate, having erected thereon a dwelling
house being known and numbered as 2620 Shingus Circle, Grantham
CUmberland County, Pennsylvania to Husband and to sign all
documents necessary to effect said transfer of the title to the
real estate to Husband's name individually. The documents
necessary to transfer title from Husband and Wife to Husband to
the jointly-owned real estate will be signed simultaneously
herewith. Said property is not encumbered by any mortgage,
judgment or other lien.
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(B) 1929 Fisher Road. Mechanicsbura. pennsvlvania -
Husband agrees to transfer to Wife all of his right, title and
interest in and to real estate, having erected thereon a dwelling
house being known and numbered as 1929 Fisher Road,
Mechanicsburg, Cumberland County, Pennsylvania to Wife and to
sign all documents necessary to effect said transfer of the title
to the real estate to Wife's name individually. The documents
necessary to transfer title from Husband and Wife to Wife to the
jointly-owned real estate will be signed simultaneously herewith.
Wife agrees to assume and pay and save Husband harmless
from any obligation which Husband may be liable as a result of
the mortgage on the jointly-owned real estate in favor of
Allfirst Bank, formerly Dauphin Deposit Bank and Trust Company,
said mortgage being recorded in the CUmberland County Recorder of
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Deeds Office in Mortgage BookJ4~, Page 10/3, which Mortgage is
in Wife's name only. Wife agrees that upon delivery of the deed
to the jointly-owned real estate, Wife will make the mortgage
payments and will indemnify Husband on account of any obligation
he may have to Allfirst Bank, formerly Dauphin Deposit Bank and
Trust Company on account of the mortgage or mortgages, as well as
any other obligation concerning the ownership of the real estate
including, but not being limited to, municipal liens, real estate
taxes, sewer and water assessments, fire and casualty insurance,
and utilities.
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(C) Meadowview Estates. Mechanicsburq. Cumberland
Countv. Pennsvlvania - Husband and Wife agree that
Wife shall be entitled to have the sole and exclusive control,
benefit, use and title to any and all interest that Wife has in
all that real estate owned in partnership by and between Cindy L.
Arnold and Mark A. Knaub, being real estate held for the purposes
of residential development, including any and all improvements
made thereto, same being commonly known and referred to as
Meadowview Estates, Upper Allen Township, Cumberland County,
Pennsylvania
(D) Silver Sprinq Township 1.95 Acres - Husband and
Wife agree that Wife shall be entitled to have the sole and
exclusive control, benefit, use and title to any and all interest
that Wife has in all that unimproved real estate containing
approximately 1.95 acres, same being owned by Cindy L. Arnold,
Kimberly Ann Schaeffer and Mark A. Knaub, as tenants in common,
same being located in Silver Spring Township, Cumberland County,
Pennsylvania;
7. MOTOR VEHICLES
The parties hereto agree that Wife shall be entitled to
have the sole and exclusive control, benefit, use and title of
the 1998 Chevrolet Venture Motor Vehicle. The parties hereto
agree that Husband shall be entitled to have the sole and exclu-
sive control, benefit, use and title of the 1991 Toyota Previa
Motor Vehicle.
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8.
MISCELLANEOUS
(A) Bank Accounts - The parties hereto acknowledge and
agree that any and all savings and checking accounts, as well as
certificates of deposit, owned by them jointly or singly, have
been divided to their mutual and individual satisfaction includ-
ing, but not necessarily being limited to the following:
(i) Allfirst checking account number 6759-7213
to Wife
(ii) Allfirst checking account number 22910581
to Husband
(B) stock - The parties hereto agree that any and all
stock that is owned jointly between them, said stock being
specifically identified in Paragraph 4(1) hereinabove, continue
to be owned jointly by them for a period of at least two (2)
years. After said two (2) year period, or when the parties
mutually agree, said stock shall be liquidated and/or transferred
such that it is owned by either Husband or Wife. The gains or
losses upon the liquidation (sale) or transfer of said stock
shall be divided equally between Husband and Wife after taking
into account and making the appropriate adjustments for any and
all personal income taxes that may be due and owing thereon, all
to the mutual satisfaction of both Husband and Wife;
(C) E*Trade Securities. Inc. Account - The account
with E*Trade Securities, Inc., which account is jointly owned,
will be maintained by Husband and Wife as a joint account for a
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period of at least two (2) years. After a period of two (2)
years, or prior thereto if Husband and Wife agree, said account
will be terminated. Upon the termination of said account, Wife
shall be entitled to retain as her sole and exclusive property an
amount of at least $80,000.00. Any amount over $80,000.00 will
be divided equally between Husband and Wife. Husband and Wife
agree to be responsible, pro rata, for any gain or loss on said
account with respect to personal income taxes.
(D) Mutual Funds - All mutual funds, same including,
but not necessarily being limited to those mutual funds identi-
fied and set forth in Paragraph 4(K) shall be and become the sole
and exclusive property of Wife.
(E) U.S. Series EE Savinas Bonds - All U.S. Series EE
Savings Bonds (6 bonds each in the face amount of $50.00) shall
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be and become the sole and exclusive property of Husband.
(F) SEP-IRA and ROTH-IRA Accounts - Husband and Wife
agree that each will continue to be the sole and exclusive owner
of the SEP-IRA and ROTH-IRA Accounts as set forth in Paragraph
4(M, Nand 0) hereinabove.
To Husband: Roth-IRA Accounts (Janus Mercury, Janus
Twenty and Janus Worldwide);
To Wife: SEP-IRA Accounts (Kaufmann, Janus Mercury,
Janus Worldwide Oakmark Fund and Oakmark Select); ROTH-
IRA Accounts (Janus Mercury, Janus Twenty and Janus
Worldwide).
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G. Uniform Gift to Minor's Act Accounts (UGTMAl -
Husband and Wife agree to continue to serve and act as the
custodial parties for all Uniform Gift to Minor's Act (UGTMA)
Accounts that are presently maintained for the benefit of their
minor children, John R. Arnold and Ariel M. Arnold.
H. IRA Accounts with Best of America, Husband and Wife
agree that each will continue to be the sole and exclusive owner
of the IRA Accounts with Best of America as set forth in Para-
graph 4(P and Q) hereinabove.
To Husband: Account No. 01-0474909;
To Wife: Account No. 01-0474908;
I. Nationwide Retirement Account and Lifetouch (ESOPl
Retirement Plan - The Nationwide Retirement Account and the
Lifetouch (ESOP) Retirement Plan of Husband will be and remain
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the sole and exclusive property of Husband.
J. Life Insurance - Wife shall continue to be the sole
and exclusive owner of her life insurance policy with State Farm.
Husband shall continue to be the sole and exclusive owner of his
life insurance policies with respect to his employment.
K. Except as set forth herein, neither party hereto
shall make a claim upon the other for accumulated pension,
profit-sharing, retirement support, retirement benefits, insur-
ance policies, IRA's, or any retirement-related benefits.
L. Except as set forth herein, the parties hereto
acknowledge and agree that any and all life insurance policies
owned by them jointly or singly have been divided to their mutual
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and individual satisfaction. Each party hereto acknowledges that
they have in their sole possession those policy or policies of
life insurance which they intend to keep and retain as their sole
and exclusive property and, further, each party shall have the
right to designate the beneficiaries of said policies.
M. The division of existing marital property is not,
except as otherwise expressly provided herein, intended by the
parties to constitute in any way, a sale or exchange of assets
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and the division is being affected without the introduction of
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outside funds or other property not constituting a part of the
marital estate. As a part of an equitable division of the
marital properties and the marital settlement herein contained,
the parties hereto agree to save and hold each other harmless
from all income taxes assessed against the other resulting from
the division of the property as herein provided.
9. DEBTS OF HUSBAND AND WIFE
The parties hereto agree that any and all obligations
incurred subsequent to the date of separation, said date being
July 20, 1998, shall be the sole and individual responsibility of
the party incurring the obligation.
Husband represents and warrants to Wife that from the
signing of this Agreement and in the future he will not contract
or incur any debt or liability for which Wife or her estate might
be responsible and shall indemnify and save harmless Wife from
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any and all claims or demands made against her by reason of debts
or obligations incurred by him.
wife represents and warrants to Husband that from the
signing of this Agreement and in the future she will not contract
or incur any debt or liability for which Husband or his estate
might be responsible and shall indemnify and save harmless
Husband from any and all claims or demands made against him by
reason of debts or obligations incurred by her.
10. CUSTODY
Husband and Wife acknowledge that all issues involving
custody, temporary custody and visitation with respect to the
minor children, John R. Arnold and Ariel M. Arnold, have been
resolved to their mutual satisfaction, said resolution believed
to be in the best interests of the minor children.
11. SUPPORT FOR CHILDREN
The parties hereto acknowledge that an agreement has
been reached concerning the support of the minor children, John
R. Arnold and Ariel M. Arnold, which agreement is presently
considered to be a private agreement. The above-mentioned
support payments and the support payments being made thereunder,
are presently deemed to be sufficient and satisfactory for the
proper support and maintenance of the minor children, John R.
Arnold and Ariel M. Arnold. It is understood that circumstances
may necessitate an adjustment in the amount of support either
upwards or downwards, depending upon the circumstances and the
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respective incomes of the parties hereto in accordance with
general support standards. The parties hereto agree that each
will, at the request of the other, reduce the within agreement
for support to a court order for support in the county of
appropriate jurisdiction.
In addition to the support provided herein, Husband and
Wife specifically agree to maintain and retain the present levels
of medical and hospitalization coverage that is currently avail-
able through their present employments for the benefit of the
parties' minor children, John R. Arnold and Ariel M. Arnold. The
parties further agree to evenly divide the costs of all medical
expenses, same to include, but not necessarily be limited to,
medical, vision, dental, orthodontia, and psychological, incurred
for or on behalf of the minor children, John R. Arnold and Ariel
M. Arnold, to the extent that said medical expenses exceed the
current medical and hospitalization insurance available to either
party.
12. ALIMONY. SUPPORT AND MAINTENANCE
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 satisfaction of
any claims or demands that either may now or hereafter have
against the other for support, maintenance or alimony. Husband
and Wife further, voluntarily and intelligently, waive and
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relinquish any right to seek from the other any payment for
support, alimony and maintenance and, further, waive and relin-
quish any rights to division of property, other than provided in
this Agreement and, finally, waive any rights to alimony pendente
lite, counsel fees and court costs.
Husband and Wife both agree that they have been
respectively advised and are aware of the contents of the
provisions of the Divorce Code, as amended, in Pennsylvania,
wherein considerations are set forth in determining an
appropriate amount, if any, to be paid in the form of alimony.
After being fully advised of the contents of the Divorce Code, as
amended, both parties voluntarily and intelligently waive and
relinquish any right to seek from the other payment for support,
alimony and maintenance.
13. MUTUAL RELEASE
Subject to the provisions of this Agreement, each party
waives his or her right to alimony and further distribution of
property inasmuch as the parties hereto agree that this Agreement
provides for an equitable distribution of their marital property
in accordance with the Divorce Code, as amended. Subject to the
provisions of this Agreement, each party has released and dis-
charged 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 what-
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soever 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 or except in any or all causes of action for
breach of any provisions of this Agreement. Each party also
waives their right to request marital counseling pursuant to
Section 3302 of the Divorce Code.
14. SUBSEOUENT DIVORCE
A decree in divorce entered by a court of competent
jurisdiction to either party shall not suspend, supersede or
affect the terms of this Agreement. Both parties agree, if
requested, to enter a Consent Order or Orders concerning the
provisions of this Agreement in the Court of Common Pleas of
Cumberland County, Pennsylvania, or any other Court of competent
jurisdiction, as a part of a resolution of any divorce action
filed or to be filed. This Agreement, and the terms and
conditions contained herein, as well as the enforcement of said
terms and conditions, shall be contingent upon the granting of a
Divorce Decree to either party by the Court of Common Pleas of
Cumberland County, Pennsylvania, or any other Court of competent
jurisdiction. Furthermore, both parties hereto agree, if
requested, to execute the appropriate affidavits and consents to
secure a No-fault Divorce as may be required by the Divorce Code,
as amended. Both parties hereto agree that this Agreement may be
incorporated into a separate Court Order but shall not merge in
such order.
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15. 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.
Husband and Wife acknowledge and agree that the provisions of
this Agreement with respect to the distribution and division of
marital and separate property are fair, equitable and
satisfactory to them based on the length of their marriage and
other relevant factors which have been taken into consideration
by the parties. Both parties hereby accept the provisions of
this Agreement with respect to the division of property in lieu
of and in full and final settlement and satisfaction of all
claims and demands that they .may now have or hereafter have
against the other for equitable distribution of their property by
any court of competent jurisdiction pursuant to Section 3502 of
the Divorce Code or any amendments thereto. Husband and Wife
each voluntarily and intelligently waive and relinquish any right
to seek a court ordered determination and distribution of marital
property, but nothing herein contained shall constitute a waiver
by either party of any rights to seek the relief of any court for
the purpose of enforcing the provisions of this Agreement.
16. 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
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and equitable, that it is being entered into voluntarily, with
full knowledge of the assets of both parties, and that it is not
the result of any duress or undue influence. The parties
acknowledge that they have been furnished with all information
relating to the financial affairs of the other which has been
requested by each of them or by their respective counsel.
17. ADDITIONAL INSTRUMENTS
Husband and Wife shall from time to time at the request
of the other, execute, acknowledge and deliver to the other party
any and all further instruments that may be reasonably required
to give full force and effect to the conditions of this Agree-
ment.
18. MODIFICATION AND WAIVER
Any modification or waiver of any of the provisions of
this Agreement shall be effective only if made in writing and
executed with the same formality as this Agreement. The failure
of either party to insist upon strict performance of any of the
provisions of this Agreement shall not be construed as a waiver
of any subsequent default of the same or similar nature. The
waiver of any term, condition, clause or provision of this
Agreement shall in no way be deemed or construed as a waiver of
any other term, condition, clause or provision of this Agreement.
19. BREACH
If either party hereto breaches any provision of this
Agreement, the other party shall have the right, at his or her
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election, to sue for such breach, or seek other remedies or
relief as may be available to him or her. Both parties agree and
are aware that non-compliance with any provision of this Agree-
ment permits either party to pursue appropriate legal remedies,
including sanctions as set forth in 23 Pa. C.S.A. 93105.
Each party further hereby agrees to save and hold
harmless the other party from any and all attorneys' fees, costs
and legal expenses and expenses that either may sustain, or incur
or become liable or answerable for, in any way whatsoever, or
shall pay upon, or in consequence of, any default or breach by
the other of any of the terms or provisions of this Agreement by
reason of which either party shall or shall be obliged to retain
or engage counsel to initiate or maintain or def~nd proceedings
against the other at law or equity or both or in any way what-
soever, provided that the party who seeks to recover such
attorneys' fees, costs and legal expenses and expenses must first
be successful in whole or in part, before there would be any
liability for attorneys' fees, costs, legal expenses and
expenses. It is the specific agreement and intent of the parties
that a breaching or wrongdoing party shall bear the burden and
obligation of any and all costs and expenses and counsel fees
incurred by the other party in endeavoring to protect and enforce
his or her rights under this Agreement.
All remedies provided by law and all remedies provided
for in this Agreement for enforcement of the Agreement shall be
20
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deemed to be cumulative and the exercise of one remedy shall not
bar or prevent the pursuit of any other remedy and either party
may elect to pursue such remedies simultaneously and the exercise
of a remedy one or more times shall not exhaust its use or
prevent further pursuit of such remedy.
20. DESCRIPTIVE HEADINGS
The descriptive headings used herein are for
convenience only. They shall not have any effect whatsoever in
determining the rights or obligations of the parties.
21. INDEPENDENT SEPARATE COVENANTS
It is specifically understood and agreed by and between
the parties hereto that each paragraph hereof shall be deemed to
be a separate and independent covenant and agreement.
22. APPLICABLE LAW
This Agreement shall be construed under the laws of the
Commonwealth of Pennsylvania.
23. VOID CLAUSES
If any term, conditions, clause or provision of this
Agreement shall be determined or declared to be void or invalid
in law or otherwise, then only that term, condition, clause or
provision shall be
stricken from this Agreement and in all other respects this
Agreement shall be valid and continue in full force, effect and
operation.
21
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24. BINDING AGREEMENT
This Agreement shall be binding and shall inure to the
benefit of the parties hereto and their respective heirs,
executors, administrators, successors and assigns.
IN WITNESS WHEREOF, the parties have hereunto set their
hands and seals the day and year first above written.
WITNESS:
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CINDY L 0 D
41dAl.QJ{
WILLIAM J. ARNOLD
(SEAL)
~'L-,~
(SEAL)
22
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COMMONWEALTH OF PENNSYLVANIA
55.
COUNTY OF CUMBERLAND
on this, the;?~ day of ~)V , 2000, before
me, the undersigned officer, personally Jppeared CINDY L. ARNOLD,
known to me (or satisfactorily proven) to be the person whose
name is subscribed to the within instrument and acknowledged that
she executed the same for the purposes therein contained.
IN WITNESS WHEREOF, I hereunto set my hand and official
seal.
c$. ~ {l > ~h1,1fiJ
Not y Pub 'c
My Commission Expires:
Notarial Saal
Lisa A. Kishbaugh, Notary Public
Shiremanstown Boro, Cumberland County
My Commission Expires Apr, 6. 2003
COMMONWEALTH OF PENNSYLVANIA
SS.
COUNTY OF CUMBERLAND :
On this, the O?g.ffl day of ::ruJl./ , 2000, before
me, the undersigned officer, personally a~peared WILLIAM J.
ARNOLD, known to me (or satisfactorily proven) to be the person
whose name is subscribed to the within instrument and acknowl-
edged that he executed the same for the purposes therein con-
tained.
IN WITNESS WHEREOF, I hereunto set my hand and official
seal.
~; tlrot!{f&f/J
My Commission Expires:
Notarial Seal
Lisa A. Kishbaugh, Notary Public
Shiremanstown Bora, Cumberland County
My Commission Expires Apr, 6, 2003
'i' ,;
CINDY L. ARNOLD,
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
vs.
Defendant
NO. 2000 -d(3~ />,'":.11
IN DIVORCE lP iJ LM/Vt
WILLIAM J. ARNOLD
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 against
you and a decree in divorce or annulment may be entered against you by
the Court. A judgment may also be entered against you for any other
claim or relief requested in these papers by the Plaintiff. You may
lose money or property or other rights important to you, including
custody or visitation with 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 the Cumberland county Courthouse, Carlisle, Pennsylvania.
IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY,
LAWYER'S FEES OR EXPENSES BEFORE A DIVORCE OR ANNULMENT IS GRANTED, YOU
MAY LOSE THE RIGHT TO CLAIM ANY OF THEM.
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT
HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET
FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP.
Court Administrator
Fourth Floor
Cumberland County Courthouse
Carlisle, Pennsylvania 17013
(717) 240-6200
(717) 697-0371
B
oar, Esquire
PA. 1.0. 0 19475
1 West Main Street
Shiremanstown, PA 17011
(717) 737-8761
Attorney for plaintiff
cindy L. Arnold
L_,
~
CINDY L. ARNOLD
:
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
NO. 2000 - .1.(,35' Ci;;..! --r~
IN DIVORCE
Plaintiff
vs.
WILLIAM J. ARNOLD
Defendant
COMPLAINT
1. Plaintiff is Cindy L. Arnold, who currently resides at 1929
Fisher Road, Mechanicsburg, Upper Allen TownShip, Cumberland County,
Pennsylvania.
2. Defendant is William J. Arnold, who currently resides at 2620
Shingus Circle, Grantham, Upper Allen TownShip, Cumberland County,
Pennsylvania.
3. Plaintiff and Defendant have been bona fide residents of the
Commonwealth of Pennsylvania for at least six (6) months immediately
previous to the filing of this Complaint.
4. Plaintiff and Defendant were married on January 7, 1989, at
Mechanicsburg, pennsylvania.
5. There have been no prior actions of divorce or annulment
between the parties.
6. Plaintiff has been advised of the availability of marriage
counseling and understands that she may have the right to request that
the court require the parties hereto to participate in counseling.
7. Plaintiff avers as the grounds upon which this action is based
is that:
(A) That the marriage between the parties hereto is irre-
trievably broken and that the Plaintiff and Defendant have lived
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separate and apart since July 20, 1998 or, in the alternative;
(B) That Plaintiff and Defendant are now living separate and
apart and, at the appropriate time, Plaintiff will submit an Affidavit
alleging that the parties have lived separate and apart for at least
two (2) years and that the marriage is irretrievably broken.
WHEREFORE, Plaintiff requests your Honorable Court to enter a
decree in divorce divorcing Plaintiff and Defendant absolutely.
Respectfully submitted
Date: ~.J-'it~
(SEAL)
a , Esquire
laintiff
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I verify that the statements made in this Complaint are true and
correct. I understand that false statements herein are made subject to
penalties of 18 Pa.C.S.A. Section 4904, relating to unsworn falsifica-
tion to authorities.
Date: 1.../ /2.J?/OO
C'J'\rl.t~ O~
C1.ndy L. Arnold
(SEAL)
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CINDY L. ARNOLD,
Plaintiff
.
.
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
NO. 2000 _ :2P5'" ~ -r~
IN DIVORCE
:
vs.
WILLIAM J. ARNOLD
Defendant
:
AFFIDAVIT
CINDY L. ARNOLD, being duly sworn according to law, deposes
and says:
(1) 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 Domestic Relations Office, 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 verify that the statements made in this Affidavit are true
and correct. I understand that false statements herein are made
subject to the penalties of 18 Pa.C.S.A. Section 4904 relating to
unsworn falsification to authorities.
C~,*,.Q^~
Cindy L. Arnold
SWORN to and subscribed
~ 0'.'0''' day of 4'" I
", f1 ~h1j~
Notary blic
before me
, 2000.
My Commission Expires:
Notarial Seal
Lisa A. Kishbaugh. Notary Public
Shiremansl~wn Boro, Cumberland County
My CommIssion Expires Apr. 6, 2003
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CINDY L. ARNOLD,
Plaintiff
IN THE COURT OF COMMON PLEAS
VS.
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL DIVISION
WILLIAM J. ARNOLD,
Defendant
NO. 2000-2635
IN DIVORCE
CIVIL TERM
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 ~3301 (c)
lGCmX~Q4) of the Divorce Code.
(Strike out inapplicable section).
2. Date and manner of service of the complaint:
Receipt Requested on May 4, 2000
Certified Mail, Return
3. Complete either paragraph (a) or (b).
(a) Date of execution of the affidavit of consent required by ~3301 (c) of the Divorce Code:
byplaintiff Auqust 3, 2000 ; by defendant August 3, 2000
(b) (1) Date of execution of the affidavit required by ~3301 (d)
of the Divorce Code:
(2) Date of filing and service of the plaintiff's affidavit upon the respondent:
4.
Related claims pending:
All Claims Settled
5. Complete either (a) or (b).
(a) Date and manner of service of the notice of intention to file praecipe to transmit record, a
copy of which is attached:
(b) Date of plaintiff's Waiver of Notice in ~3301 (c) Divorce was filed with
the Prothonotary: Auqust 8, 2000
Date defendant's Waiver of Notice in !l3301 (c) Divorce was filed with
the Prothonotary: Auqust 8, 2000
r Plaintiff/~~
gar, Esquire
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CINDY L. ARNOLD, . IN THE COURT OF COMMON PLEAS OF
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Plaintiff . CUMBERLAND COUNTY, PENNSYLVANIA
.
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.
.
.
WILLIAM J. ARNOLD . NO. 2000 -2635 civil
.
Defendant : IN DIVORCE
AFFIDAVIT OF CONSENT
1. A Complaint in Divorce under Section 3301(c) of the
Divorce Code was filed on May 1, 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.
I verify that the statements made in this Affidavit are true
and correct. I understand that false statements herein are made
subject to the penalties of 18 Pa.C.S.A. Section 4904 relating to
unsworn falsification to the authorities.
DATE: ~~,.;ICCO
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Cindy . . rnold
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CINDY L. ARNOLD,
Plaintiff
vs.
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
.
.
.
.
WILLIAM J. ARNOLD
Defendant
:
NO. 2000 -2635 Civil
IN DIVORCE
WAIVER OF NOTICE OF INTENTION TO REOUEST
ENTRY OF A DIVORCE DECREE UNDER
~3301Col 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
th~m before a divorce decree is gran~ed.
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.A. Section 4904 relating to
unsworn falsification to the authorities.
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DATE: 7~' d.Cce:>
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Cindy . Arnold
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Plaintiff . CUMBERLAND COUNTY, PENNSYLVANIA
.
.
.
vs. CIVIL ACTION - LAW
WILLIAM J. ARNOLD : NO. 2000 -2635 civil
Defendant . IN DIVORCE
.
AFFIDAVIT OF CONSENT
1. A Complaint in Divorce under Section 3301(c) of the
Divorce C~de was filed on May 1, 2000. I acknowledge receiving a
certified copy of the Divorce Comp1aint, said copy being served upon me
by Certified Mail, Restricted Delivery, on May 4, 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.
I verify that the statements made in this Affidavit are true
and correct. I understand that false statements herein are made
subject to the penalties of 18 Pa.C.S.A. Section 4904 relating to
unsworn falsification to the authorities.
Wi1l1a~2.ff
DATE:
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.
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
vs.
:
.
.
WILLIAM J. ARNOLD
Defendant
NO. 2000 -2635 civil
IN DIVORCE
WAIVER OF NOTICE OF INTENTION TO REOUEST
ENTRY OF A DIVORCE DECREE UNDER
~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 decree 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.A. Section 4904 relating to
unsworn falsification to the authorities.
DATE:
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IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
vs.
.
.
CIVIL ACTION - LAW
WILLIAM J. ARNOLD
Defendant
.
.
NO. 2000 -2635 civil
IN DIVORCE
.
.
AFFIDAVIT OF SERVING COMPLAINT
COMMONWEALTH OF PENNSYLVANIA :
SS.
COUNTY OF CUMBERLAND
JAMES D. BOGAR, being duly sworn according to law deposes and says
that he caused the Complaint in the above-captioned matter to be served
by Certified Mail, Restricted Delivery, Return Receipt Requested, as
indicated by the attached receipt cards.
SWORN ~S and SUbs';?t~~d ,before me
this ~ day of ~~ , 2000.
~.tiJ~
No.ary Public
My Commission Expires:
Notarial Seal
Lisa A. Kishbaugh, Notary Public
Shiremanslown Bom, Cumberland County
My Commission Expires Apr. 6, 2003
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I also wish to receive {fie ~
following services (for an
extra fee):
1. 0 Addressee's Address
2. ~ Restricted Deiivery
Consult postmaster for fee.
4a. Article Number
Z 476 744 150
4b. Service Type
o Registered
o Express Mail
o Return Receipt for Merchandise
7. Date Delivery
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8. Addressee's Address
and fee is paid)
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US Postal Service
Receipt for Certified Mail
No Insurance Coverage Provided.
Do not use for Intemational Mall See reverse
Sent to
William J. Arn I
Street & Number
2620 Shinaus Circl
Post Office, State, & ZIP Code
Grantham PA
$
Postage
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'j;; . Complete items 3, 4a, and 4b.
CI) . Print ypur name and address on the reverse of this fonn so that we can return this
~ card to you.
cP . Attach this form to the front of the mail piece, or on the back if space does not
e permit.
. Write NReturn Receipt Requested" on the mailpiece below the article number.
! . The Return Receipt will show to whom the article was deIJverer:l:and the date
... delivered.
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3. Article Addressed to:
william J. Arnold
2620 Shingus Circle
Grantham, PA 17027
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