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IN THE COURT OF COMMON PLEAS
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OF CUMBERLAND COUNTY
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DECREE IN
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AND NOW,
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B REN D 11 k, PETERS
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, DEFENDANT,
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DECREED THAt
, PLAINTIFF,
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ARE DIVORCED FROM THE SONDS OF MATRIMONY.
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THE COURT RETAINS JURISDICTION OF THE FOLLOWING CLAIMS WHICH HAVE
SEEN RAISED OF RECORD IN THIS ACTION FOR WHICH A FINAL ORDER HAS NOT
YET SEEN ENTERED;
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PROTHONOTARY
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THIS AGREEMENT, made this /7J.day of EJ...0r ' 2001 ,\~y ~d
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RONALD F. PETERS, of 1317 Mallard Road, Camp Hill, PennsYlvania~ty'~ th~
first part, hereinafter referred to as "Husband"; and :2. ti'
PROPERTY SETTLEMENT AGREEMENT
BRENDA K. PETERS, of Harrisburg, Pennsylvania, party of the second part,
hereinafter referred to as "Wife."
WITNESSETH:
WHEREAS, the parties hereto are husband and wife, having been married on 1 7
February 1 996 and no children were born of this marriage;
WHEREAS, certain difficulties have arisen between the parties hereto which have
made them desirous of living separate and apart from one another and Wife has initiated an
action in divorce filed to No. 00-4457 Civil Term before the Court of Common Pleas of
Cumberland County, Pennsylvania;
WHEREAS, the parties hereto, Wife, being represented by Roger R. Laguna, Jr.,
Esquire, and Husband by Samuel L. Andes, Esquire, have each exchanged full and complete
information as to the property, assets, and liabilities owned and owed by each and have
disclosed to each other and to their respective attorneys full information as to the financial
status of both parties hereto; and
WHEREAS, the parties hereto have mutually entered into an agreement for the
division of their assets, the provision for the liabilities they owe, and provision for the
resolution of their mutual differences, after both parties have had full and ample
opportunity to consult with their respective attorneys, and the parties now wish to have
that agreement reduced to writing.
NOW, THEREFORE, the parties hereto, in consideration of the above recitals, the
mutually made and to be kept promises set forth hereinafter, and for other good and
II valuable considerations, and intending to be legally bound and to legally bind their heirs,
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successors, assigns, and personal representatives, do hereby covenant, promise, and agree
as follows:
1. CASH PAYMENT. Husband shall pay to Wife, in full satisfaction of all claims
she has against Husband, whether arising from their marriage, the divorce action, or any
other dealing or transaction between them prior to the date of this agreement, the sum of
Ten Thousand ($1 O,OOO.OOl Dollars. Husband represents that he has deposited said sum
with his attorney and authorized his attorney to immediately release and deliver said sum to
Wife's attorney upon receiving a certified copy of the final Decree in Divorce entered in the
action now pending between the parties.
2. WAIVER OF INCREASE IN VALUE OF NON-MARITAL ASSETS. The parties
acknowledge that each of them own certain assets prior to the date of their marriage and
that some of those assets may have increased in value during the marriage. The parties
further acknowledge that either of them may have obtained non-marital assets, by gift,
inheritance, or otherwise, and that those non-marital assets may have increased in value as
well. Being aware of such assets and any increase in value of them, each of the parties
hereto does hereby relinquish, waive, and terminate any claim to or interest in any asset
now held in the name of or in the possession of the other party hereto, expressly including
any increase in value of those assets which may have occurred during the marriage. This
waiver specifically applies to Husband's real estate at 1317 Mallard Road in Camp Hill,
Cumberland County, Pennsylvania, in which the parties lived during the marriage and which
Wife has claimed she improved during the marriage, Husband's retirement benefits, Wife's
retirement benefits, and any other asset owned, held, or titled in the name of the other
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3. PERSONAL PROPERTY. The parties hereto mutually agree that they have
effected a satisfactory division of the furniture, household furnishings, appliances, and
other household and 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 presently in his or her possession, whether said property was
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heretofore owned jointly or individually by the parties hereto, and this agreement shall have
the effect of an assignment or receipt from each party to the other for such property as
may be in the individual possessions of each of the parties hereto, the effective date of said
bill of sale to be contemporaneous with the date of the execution of this Agreement.
4. WAIVER OF ALIMONY AND SUPPORT. The parties acknowledge that they are
aware of the income, education, income potential, and assets and holdings of the other or
have had full and ample opportunity to become familiar with such items. Both parties
acknowledge that they are able to support and maintain themselves comfortably, without
contribution from the other except as expressly provided for in this Property Settlement
Agreement, upon the income and assets owned by each of them. The parties hereby
accept the mutual covenants and terms of this Agreement and the benefits and properties
passed to them hereunder in lieu of any and all rights to support or alimony for themself,
counsel fees, and alimony pendente lite at this time and during any and all further or future
actions of divorce brought by either of the parties hereto and the parties do hereby remise,
release, quit claim, and relinquish forever any and all of their said rights to support for
themself, counsel fees, alimony, and alimony pendente lite during the pendency of or as a
result of any such actions, as provided by the Divorce Code of Pennsylvania or any other
applicable statute, at this time and at any time in the future.
5. WAIVER OF EQUITABLE DISTRIBUTION. The parties acknowledge that each of
them have had a full and ample opportunity to consult with counsel of their choice
regarding their claims arising out of the marriage and divorce and that they have specifically
reviewed their rights to the equitable distribution of marital property, including rights of
discovery, the right to compel a filing of an Inventory and Appraisement, and the right to
have the court review the assets and claims of the parties and decide them as part of the
divorce action. Being aware of those rights, and being aware of the marital property
owned by each of the parties, the parties hereto, in consideration of the other terms and
provisions of this agreement, do hereby waive, release and quitclaim any further right to
have a court or any other tribunal equitably distribute or divide their marital property and do
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hereby further waive, release and quitclaim any and all claim against or interest in assets
now currently in the possession or held in the name of the other, it being their intention to
accept the terms and provisions of this agreement in full satisfaction of all of their claims to
the marital property of the parties and the equitable distribution of the same.
6. WAIVER OF ESTATE RIGHTS. Husband releases his inchoate intestate rights in
the estate of Wife and Wife releases her inchoate intestate rights 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, 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 action or suits of
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 such other party prior to 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 the other.
7. WAIVER OF PROPERTY CLAIMS AND ESTATE CLAIMS. Except as herein
otherwise provided, each party hereto may dispose of his or her property in any way, and
each party hereby expressly waives and relinquishes any and all rights he or she may now
have or hereafter acquire, under the present or future laws of any jurisdiction, to share in
the property or the estate of the other as a result of the marital relationship, including,
without limitation, the right to equitable division of marital property, alimony, alimony
pendente lite, and counsel fees, except as provided for otherwise in this Agreement,
dower, courtesy, statutory allowance, widow's allowance, right to take in intestacy, right
to take against the will of the other, and right to act as administrator or executor of the
other's estate, and each will, at the request of the other, execute, acknowledge, and
deliver any and all instruments which may be necessary or advisable to carry into effect
this mutual waiver and relinquishment of all such interests, rights, and claims.
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8. REPRESENTATION AS TO NO DEBTS. The parties hereto mutually represent to
the other than neither of them has incurred any debts in the name of the other not
previously disclosed or provided for in this agreement. Each of the parties hereby
represents to the other that neither one of them have incurred or contracted for debts in
the name of the other or for which the other is or would be legally liable from and after the
date of the parties' separation. Both parties hereto mutually agree and promise that neither
will contract or otherwise incur debts in the other's or joint names without the prior
permission and consent of the other party hereto. Both parties hereto represent and
warrant to the other party that they have not so contracted any debts unbeknownst to the
other up to the time and date of this Agreement.
9. DISCLOSURE. Both of the parties hereto represent to the other that they have
made full disclosure of the assets and income and income sources owned, controlled, or
enjoyed by either of them and that neither party hereto has withheld any financial
information from the other. Each of the parties represents that they have reviewed such
information, as well as the law of Pennsylvania as it relates to their rights, obligations, and
claims arising out of their marriage and of any divorce action which has or may be filed
between the parties with an attorney of their choice, or had the opportunity to review such
matters with an attorney of their choice and voluntarily decided not to do so. Further, the
parties each acknowledge that they are aware that they have the right to compel the other
party to provide full financial information about all assets owned by either party and all
liabilities owed by either party and have the right to have a court force such disclosure in a
divorce action. Being aware of those rights, the parties expressly waive the right to further
disclosure or discovery regarding marital assets, liabilities, incomes, and finances and agree
that they are satisfied with their understanding of their legal rights and obligations. Being
so aware and satisfied, the parties mutually accept the terms and provisions of this
agreement in full satisfaction of any and all rights or obligations arising of their marital
status or the divorce action now pending or to be filed between them.
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10. CONCLUSION OF DIVORCE. The parties acknowledge that this agreement is
made in contemplation of the conclusion by both of them of an action in divorce which has
been filed or will be filed shortly by one of the parties hereto. Both of the parties hereto
agree that they shall, contemporaneously with the execution of this agreement, execute
and deliver to their respective attorney or attorneys, an Affidavit of Consent under Section
3301 (c) of the Divorce Code, consenting to the entry of a final decree in divorce, and a
Waiver of further notice for the entry of such decree. Both parties agree that they shall
accept the terms and provisions of this agreement in full satisfaction of any claims they
may have under the Divorce Code of the Commonwealth of Pennsylvania, including, but
not limited to, alimony, alimony pendente lite, counsel fees, equitable distribution, and the
like.
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11. RELEASE. The parties acknowledge that the purpose of this agreement is to
divide all of their marital property, resolve all of the economic claims between them, and
terminate and conclude any and all claims one party may have against the other. The
parties acknowledge that each of them has had ample opportunity to consult with an
attorney of their choice and to obtain legal representation with regard to this agreement
and to the claims which they are terminating hereby. Consequently, each of the parties,
for themselves, their heirs, successors, and assigns, does hereby accept the terms and
provisions of this agreement in full satisfaction of any claims, of any nature, they may
have, or may ever have had, against the other party and each of the parties does hereby
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waive, relinquish, release, and surrender forever any claim they have against the other
party, arising out of their marital relationship, or any other dealing between the parties prior
to the date of this agreement, provided, however, that this release shall not exonerate
either of the parties from the obligations they expressly make in this agreement, which
II shall survive the date of this agreement until such obligations are fully performed.
II 12. CHOICE OF LAW, This Agreement shall be interpreted, applied and enforced
Ii in accordance with the laws of, and by the courts of, the Commonwealth of Pennsylvania,
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13. SEVERABILITY. If for any reason whatsoever any part of this Agreement shall
be declared void or invalid, only such part shall be deemed void and in all other respects
this Agreement shall remain valid and fully enforceable.
14. NON-WAIVER. 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, condition,
clause or provision of this Agreement.
IN WITNESS WHEREOF, the parties hereto have set their hands and seals the day
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and year first above written.
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RONALD F. PETERS
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Witness
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BRENDA K. PETERS
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COMMONWEALTH OF PENNSYLVANIA
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COUNTY OF CUMBERLAND
On this, the )7fhday of ~ ,2001, before me, the undersigned officer,
personally appeared RONALD F. prrERS known to me (or satisfactorily proven) to be the
person whose name is subscribed to the within instrument, and acknowledged that said
person executed same for the purposes therein contained.
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IN WITNESS WHEREOF, I hereunto set my hand and official seal.
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My Co ission Expires:
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NOTARIAl SEAl.
AMY M, llARlIlNS. NOlAI\'( l'UllllC
LEMOYNE BORO., CUMIIEIlI,AND COUNlT
MY COMMISSION EXPIRES JAN. 31, 2005
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COMMONWEALTH OF PENNSYLVANIA
COUNTY OF CUMBERLAND
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On this, the day of , 2001, before me, the undersigned
officer, personally appeared BRENDA K. PETERS known to me (or satisfactorily proven) to
, be the person whose name is subscribed to the within instrument, and acknowledged that
said person executed same for the purposes therein contained.
IN WITNESS WHEREOF, I hereunto set my hand and official seal.
My Commission Expires:
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BRENDA K. PETERS,
Plaintiff
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IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 2000-4457 CIVIL TERM
RONALD F. PETERS,
Defendant
CIVIL ACTION - IN DIVORCE
PRAECIPE TO TRANSMIT RECORD
To the Prothonotary:
Please transmit the record, together with the following information, to the Court for
entry of a divorce decree:
I. Groundfor Divorce: irretrievable breakdown under Section 3301(c).
2. Date and Manner of Service of the Complaint: July 1, 2000. Defendant
received and signed service of the Complaint via certified mail (see Certificate
of Service dated August 13, 200 I, previously filed).
3. Date of Execution of the Affidavit of Consent Required by Section 3301 (c) of
the Divorce Code: by Plaintiff on July 23, 2001; by Defendant on July 23,
2001 (see Affidavits dated July 23,2001, pre ously filed).
5.
Notice of Intention to
2001 (see Waivers of
Decree: waived on July 23,
1, previously filed).
4. Related Claims Pending: 0 ot er marital cl' spending.
na, Esquire
Attorney for laintiff
Supreme Court LD. No. 75900
LAGUNA REYES MALONEY, LLP
15 North Front Street, Suite 203
Steelton,PA 17113
(717) 939-4429
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PROPERTY SETTLEMENT AGREEMENT
THIS AGREEMENT, made this 1'7. day of \T" J'I
between:
, 2001, is by and
RONALD F. PETERS, of 1317 Mallard Road, Camp Hill, Pennsylvania, party of the
first part, hereinafter referred to as "Husband"; and
BRENDA K. PETERS, of Harrisburg, Pennsylvania, party of the second part,
hereinafter referred to as "Wife."
WITNESSETH:
WHEREAS, the parties hereto are husband and wife, having been married on 17
February 1996 and no children were born of this marriage;
WHEREAS, certain difficulties have arisen between the parties hereto which have
made them desirous of living separate and apart from one another and Wife has initiated an
action in divorce filed to No. 00-4457 Civil Term before the Court of Common Pleas of
Cumberland County, Pennsylvania;
WHEREAS, the parties hereto, Wife being represented by Roger R. Laguna, Jr.,
Esquire, and Husband by Samuel L. Andes, Esquire, have each exchanged full and complete
information as to the property, assets, and liabilities owned and owed by each and have
disclosed to each other and to their respective attorneys full information as to the financial
status of both parties hereto; and
WHEREAS, the parties hereto have mutually entered into an agreement for the
division of their assets, the provision for the liabilities they owe, and provision for the
resolution of their mutual differences, after both parties have had full and ample
opportunity to consult with their respective attorneys, and the parties now wish to have
that agreement reduced to writing.
NOW, THEREFORE, the parties hereto, in consideration of the above recitals, the
mutually made and to be kept promises set forth hereinafter, and for other good and
valuable considerations, and intending to be legally bound and to legally bind their heirs,
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successors, assigns, and personal representatives, do hereby covenant, promise, and agree
as follows:
1. CASH PAYMENT. Husband shall pay to Wife, in full satisfaction of all claims
she has against Husband, whether arising from their marriage, the divorce action, or any
other dealing or transaction between them prior to the date of this agreement, the sum of
Ten Thousand ($10,000.00) Dollars. Husband represents that he has deposited said sum
with his attorney and authorized his attorney to immediately release and deliver said sum to
Wife's attorney upon receiving a certified copy of the final Decree in Divorce entered in the
action now pending between the parties.
2. WAIVER OF JNCREASEIN VALUE OF NON-MARITAL ASSETS. The parties
acknowledge that each of them own certain assets prior to the date of their marriage and
that some of those assets may have increased in value during the marriage. The parties
further acknowledge that either of them may have obtained non-marital assets, by gift,
inheritance, or otherwise, and that those non-marital assets may have increased in value as
well. Being aware of such assets and any increase in value of them, each of the parties
hereto does hereby relinquish, waive, and terminate any claim to or interest in any asset
now held in the name of or in the possession of the other party hereto, expressly including
any increase in value of those assets which may have occurred during the marriage. This
waiver speCifically applies to Husband's real estate at 1317 Mallard Road in Camp Hill,
Cumberland County, Pennsylvania, in which the parties lived during the marriage and which
Wife has claimed she improved during the marriage, Husband's retirement benefits, Wife's
retirement benefits, and any other asset owned, held, or titled in the name of the other
party.
3. pERSONAL PROPERTY. The parties hereto mutually agree that they have
effected a satisfactory division of the furniture, household furnishings, appliances, and
other household and 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 presently in his or her possession, whether said property was
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heretofore owned jointly or individually by the parties hereto, and this agreement shall have
the effect of an assignment or receipt from each party to the other for such property as
may be in the individual possessions of each of the parties hereto, the effective date of said
bill of sale to be contemporaneous with the date of the execution of this Agreement.
4. WAIVER OF ALIMONY AND SUPPORT. The parties acknowledge that they are
aware of the income, education, income potential, and assets and holdings of the other or
have had full and ample opportunity to become familiar with such items. Both parties
acknowledge that they are able to support and maintain themselves comfortably, without
contribution from the other except as expressly provided for in this Property Settlement
Agreement, upon the income and assets owned by each of them. The parties hereby
accept the mutual covenants and terms of this Agreement and the benefits and properties
passed to them hereunder in lieu of any and all rights to support or alimony for themself,
counsel fees, and alimony pendente lite at this time and during any and all further or future
actions of divorce brought by either of the parties hereto and the parties do hereby remise,
release, quit claim, and relinquish forever any and all of their said rights to support for
themself, counsel fees, alimony, and alimony pendente lite during the pendency of or as a
result of any such actions, as provided by the Divorce Code of Pennsylvania or any other
applicable statute, at this time and at any time in the future.
5. WAIVER OF EQUITABLE DISTRIBUTION. The parties acknowledge that each of
them have had a full and ample opportunity to consult with counsel of their choice
regarding their claims arising out of the marriage and divorce and that they have specifically
reviewed their rights to the equitable distribution of marital property, including rights of
discovery, the right to compel a filing of an Inventory and Appraisement, and the right to
have the court review the assets and claims of the parties and decide them as part of the
divorce action. Being aware of those rights, and being aware of the marital property
owned by each of the parties, the parties hereto, in consideration of the other terms and
provisions of this agreement, do hereby waive, release and quitclaim any further right to
have a court or any other tribunal equitably distribute or divide their marital property and do
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hereby further waive, release and quitclaim any and all claim against or interest in assets
now currently in the possession or held in the name of the other, it being their intention to
accept the terms and provisions of this agreement in full satisfaction of all of their claims to
the marital property of the parties and the equitable distribution of the same.
6. WAIVER OF ESTATE RIGHTS. Husband releases his inchoate intestate rights in
the estate of Wife and Wife releases her inchoate intestate rights 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, 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 action or suits of
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 such other party prior to 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 the other.
7. WAIVER OF PROPERTY CLAIMS AND ESTATE CLAIMS. Except as herein
otherwise provided, each party hereto may dispose of his or her property in any way, and
each party hereby expressly waives and relinquishes any and all rights he or she may now
have or hereafter acquire, under the present or future laws of any jurisdiction, to share in
the property or the estate of the other as a result of the marital relationship, including,
without limitation, the right to equitable division of marital property, alimony, alimony
pendente lite, and counsel fees, except as provided for otherwise in this Agreement,
dower, courtesy, statutory allowance, widow's allowance, right to take in intestacy, right
to take against the will of the other, and right to act as administrator or executor of the
other's estate, and each will, at the request of the other, execute, acknowledge, and
deliver any and all instruments which may be necessary or advisable to carry into effect
this mutual waiver and relinquishment of all such interests, rights, and claims.
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8. REPRESENTATION AS TO NO DEBTS. The parties hereto mutually represent to
the other than neither of them has incurred any debts in the name of the other not
previously disclosed or provided for in this agreement. Each of the parties hereby
represents to the other that neither one of them have incurred or contracted for debts in
the name of the other or for which the other is or would be legally liable from and after the
date of the parties' separation. Both parties hereto mutually agree and promise that neither
will contract or otherwise incur debts in the other's or joint names without the prior
permission and consent of the other party hereto. Both parties hereto represent and
warrant to the other party that they have not so contracted any debts unbeknownst to the
other up to the time and date of this Agreement.
9. DISCLOSURE. Both of the parties hereto represent to the other that they have
made full disclosure of the assets and income and income sources owned, controlled, or
enjoyed by either of them and that neither party hereto has withheld any financial
information from the other. Each of the parties represents that they have reviewed such
information, as well as the law of Pennsylvania as it relates to their rights, obligations, and
claims arising out of their marriage and of any divorce action which has or may be filed
between the parties with an attorney of their choice, or had the opportunity to review such
matters with an attorney of their choice and voluntarily decided not to do so. Further, the
parties each acknowledge that they are aware that they have the right to compel the other
party to provide full financial information about all assets owned by either party and all
liabilities owed by either party and have the right to have a court force such disclosure in a
divorce action. Being aware of those rights, the parties expressly waive the right to further
disclosure or discovery regarding marital assets, liabilities, incomes, and finances and agree
that they are satisfied with their understanding of their legal rights and obligations. Being
so aware and satisfied, the parties mutually accept the terms and provisions of this
agreement in full satisfaction of any and all rights or obligations arising of their marital
status or the divorce action now pending or to be filed between them.
5
10. CONCLUSION OF DIVORCE. The parties acknowledge that this agreement is
made in contemplation of the conclusion by both of them of an action in divorce which has
been filed or will be filed shortly by one of the parties hereto. Both of the parties hereto
agree that they shall, contemporaneously with the execution of this agreement, execute
and deliver to their respective attorney or attorneys, an Affidavit of Consent under Section
3301 (c) of the Divorce Code, consenting to the entry of a final decree in divorce, and a
Waiver of further notice for the entry of such decree. Both parties agree that they shall
accept the terms and provisions of this agreement in full satisfaction of any claims they
may have under the Divorce Code of the Commonwealth of Pennsylvania, including, but
not limited to, alimony, alimony pendente lite, counsel fees, equitable distribution, and the
like.
11. RELEASE. The parties acknowledge that the purpose of this agreement is to
divide all of their marital property, resolve all of the economic claims between them, and
terminate and conclude any and all claims one party may have against the other. The
parties acknowledge that each of them has had ample opportunity to consult with an
attorney of their choice and to obtain legal representation with regard to this agreement
and to the claims which they are terminating hereby. Consequently, each of the parties,
for themselves, their heirs, successors, and assigns, does hereby accept the terms and
provisions of this agreement in full satisfaction of any claims, of any nature, they may
have, or may ever have had, against the other party and each of the parties does hereby
waive, relinquish, release, and surrender forever any claim they have against the other
party, arising out of their marital relationship, or any other dealing between the parties prior
to the date of this agreement, provided, however, that this release shall not exonerate
either of the parties from the obligations they expressly make in this agreement, which
shall survive the date of this agreement until such obligations are fully performed.
12. CI-IOICE OF LAW. This Agreement shall be interpreted, applied and enforced
in accordance with the laws of, and by the courts of, the Commonwealth of Pennsylvania.
6
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13. SEVERABILITY. If for any reason whatsoever any part of this Agreement shall
be declared void or invalid, only such part shall be deemed void and in all other respects
this Agreement shall remain valid and fully enforceable.
14. NON-WAIVER. 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, condition,
clause or provision of this Agreement.
IN WITNESS WHEREOF, the parties hereto have set their hands and seals the day
and year first above written.
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RO ALD F. PETERS
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BRE DA K. PETERS
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COMMONWEALTH OF PENNSYLVANIA )
( 55.:
COUNTY OF CUMBERLAND )
On this, the /7fh day of C1u lvJ-.- ,2001, before me, the undersigned officer,
personally appeared RONALD F. PEtERs k~own to me (or satisfactorily proven) to be the
person whose name is subscribed to the within instrument, and acknowledged that said
person executed same for the purposes therein contained.
IN WITNESS WHEREOF, I hereunto set my hand and official seal.
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My Co mission Expires:
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF CUMBERLAND
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( 55.:
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On this, the day of , 2001, before me, the undersigned
officer, personally appeared BRENDA K. PETERS known to me (or satisfactorily proven) to
be the person whose name is subscribed to the within instrument, and acknowledged that
said person executed same for the purposes therein contained.
IN WITNESS WHEREOF, I hereunto set my hand and official seal.
My Commission Expires:
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BRENDA K. PETERS,
Plaintiff
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IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 00 - 44.rJ CIVIL TERM
RONALD F. PETERS,
Defendant
CIVIL ACTION - 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 in divorce or annulment may be entered
against you for any other claim or relief requested in these papers by the Plaintiff. You may
lose money or property or other rights important to you, including custody or visitation of
your children.
When the ground for 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 First Floor, Dauphin County Courthouse, Front and
Market Streets, Harrisburg, Pennsylvania.
IF yOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF MARITAL
PROPERTY, LAWYER'S FEES, OR EXPENSES BEFORE A DIVORCE 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.
DAUl'MThi CUU1'1'fY LA Vv7ER REFEIUU,L SrR'VlCE
213 I~Uldl Flulll 3Lu;ct
Harri3buLl>, FA I 'HOI
('717) 232 7536
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BRENDA K. PETERS,
Plaintiff
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IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. tHJ- (1'I~-'7 2000 CIVIL TERM
RONALD F. PETERS,
Defendant
CIVIL ACTION - IN DIVORCE
COMPLAINT IN DIVORCE
AND NOW, comes the Plaintiff, Brenda K. Peters, by and through her attorney,
Roger R. Laguna, Jr., and represents as follows:
1. Plaintiff is Brenda K. Peters, an adult individual currently residing at 1317 Mallard
Road, Camp Hill, Cumberland County, Pennsylvania 17011.
2. Defendant is Ronald F. Peters, an adult individual currently residing at 1317 Mallard
Road, Camp Hill, Cumberland County, Pennsylvania 17011.
3. Plaintiff and Defendant are both bona fide residents of the Commonwealth of
Pennsylvania and have been so for at least six months immediately prior to the filing
of this Complaint.
4. Plaintiff and Defendant were married in Cumberland County on February 17, 1996.
5. Plaintiff and Defendant are citizens of the United States of America.
6. The Defendant is not a member of the Armed Forces of the United States of America
or its Allies.
7. Plaintiff avers that there are no children of the parties under the age of 18.
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COUNT I
IRRETRIEVABLE BREAKDOWN
3301(c) of the Divorce Code
8. Paragraphs 1 through 7 are hereby incorporated by reference and made a part hereof.
9. The marriage is irretrievably broken:
a. Plaintiff and Defendant have lived separate and apart since November 30,
1999 and continue to live separate and apart as of the date of filing this
Complaint.
b. Plaintiff desires a divorce based upon the belief that Defendant will, after
ninety days from the date of the filing of this Complaint, consent to this
divorce.
10. 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. Knowing this,
the Plaintiff does not desire that the Court require the parties to participate in
counseling.
11. Plaintiff requests the Court to enter a decree of divorce.
COUNT II
EOUITABLE DISTRIBUTION
3502(a) of the Divorce Code
12. Paragraphs 1 through 11 are incorporated herein by reference as if set forth in their
full text.
13. 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.
14. Plaintiff and Defendant have incurred debts and obligations during their marriage
which are subject to equitable distribution.
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WHEREFORE, Plaintiff prays that ajudgment be entered in favor ofthe Plaintiff
against the Defendant as follows:
1. As to Count I, that a decree in divorce be entered divorcing Plaintiff from the
bonds of matrimony between the said Plaintiff and Defendant.
2. As to Count II, that your Honorable Court enter a decree equitably dividing
the parties' property and equitably apportioning the debts incurred by the
parties.
3. Such other additional relief as the Court deem ecessary and appropriate.
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By:
oger agun r, Esquire
Supreme Court I. No.: 75900
Attorney for Plaintiff
Laguna Reyes Maloney, LLP
15 North Front Street, Suite 203
Steelton, PA 17113
(717) 939-4429
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VERIFICATION
I verifY that the statements made in this divorce complaint are true and correct. I
understand that false statements made herein may subject me to penalties ofPa.C.S. ~4904
relating to unsworn falsification to authorities.
Date: ~- d..<:.-CD
~1['",~'<--. ~~'\-\,)('s,
Brenda K. Peters, Plaintiff
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IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYL VANIA
NO. 00- 4Lf 'Q'7 <<lZmJ8:>CIVIL TERM
RONALD F. PETERS,
Defendant
CIVIL ACTION - IN DIVORCE
CERTIFICATE OF SERVICE
I HEREBY CERTIFY THAT I served a certified copy of the Complaint in Divorce
filed in the above-captioned matter upon Ronald F. Peters, by certified mail, return receipt
requested, on Go - d'1-() () , addressed as follows:
Ronald F. Peters
1317 Mallard Road
Camp Hill, PA 17011
and did thereafter receive same as evidenced by the attached Post Office receipt card dated
'1-1-00
I verify that the statements made in the foregoing affidavit of service are true and
correct to the best of my knowledge, information and belief. I understand that false
statements herein made are subject to the penalties of 18 Pa.C.S. ~4904 relating to unsworn
falsification to authorities.
/;;,"""Y'U 'ttoo.
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. No.: 75900
Date: 8"-13-0 I
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. Print your name and address on the reverse
so that we can return the card to you.
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or on the front if space permIts.
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IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYL VANIA
RONALD F. PETERS,
Defendant
NO. i'jS"7 2000 CIVIL TERM
CIVIL ACTION - IN DIVORCE
PLAINTIFF'S AFFIDAVIT OF CONSENT AND WAIVER
OF NOTICE TO REOUEST ENTRY OF A DIVORCE DECREE
UNDER ~ 3301(c) OF THE DIVORCE CODE
I. AFFIDAVIT OF CONSENT
1. ivorce under Seotion 330l(c) of the Divorce Code was filed
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2. The Marriage of Plaintiff and Defendant is irretrievably broken and ninety (90) days
have elapsed from the date of the filing of the Complaint.
3. 1 consent to the entry of the final Decree of Divorce.
4. I have been advised of the availability of marriage counseling, that I may request that
the Court require that my spouse and I participate in counseling, and that the Court
maintains a list of marriage counselors in the Prothonotary's Office, which list is
available to me upon request. Being so advised, I decline to request that the Court
require that my spouse and I participate in counseling.
5. I understand that I may lose rights concerning alimony, division of property, lawyer's
fees or expenses if! do not claim them before a divorce is granted.
II. WAIVER OF NOTICE
6. I consent to the entry of the final Decree of Divorce without notice.
7. 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 .
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8. I VERIFY THAT THE STATEMENTS MADE IN THE FOREGOING AFFIDAVIT
ARE TRUE AND CORRECT. I UNDERSTAND THAT FALSE STATEMENTS
HEREIN ARE MADE SUBJECT TO THE PENAL TIES OF 18 P A. C.S. SECTION
4904 RELATING TO UNSWORN FALSIFICATION TO AUTHORITIES.
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Plaintiff
IN THE COURT OF COMMON
PLEAS OF CUMBERLAND
COUNTY, PENNSYLVANIA
vs.
CIVIL ACTION - LAW
NO. 2000-4457 CIVIL TERM
RONALD F. PETERS,
Defendant
IN DIVORCE
AFFIDAVIT OF CONSENT
1. A Complaint in Divorce under Section 3301 (c) of the Divorce Code was filed on
27 June 2000 and served upon the Defendant on or about 30 June 2000.
2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety {90} days
have elapsed from the date of filing of the complaint and the date of service of the
complaint on the Defendant.
3. I consent to the entry of a final decree in divorce either after service of a Notice of
Intention to Request Entry of the Decree or upon filing of my Waiver of the Notice of
Intention to Request Entry of the Decree.
4. I have been advised of the availability of marriage counseling and understand that
the Court maintains a list of marriage counselors and that I may request the Court to require
my spouse and I to participate in counseling and, being so advised, do not request that the
Court require that my spouse and I participate in counseling prior to the divorce becoming
final.
I verify that the statements made in this Affidavit are true and correct and 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.
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Plaintiff
IN THE COURT OF COMMON
PLEAS OF CUMBERLAND
COUNTY, PENNSYLVANIA
vs.
CIVIL ACTION - LAW
NO. 2000-4457 CIVIL TERM
RONALD F. PETERS,
Defendant
IN DIVORCE
WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF
A DIVORCE DECREE UNDER SECTION 3301 ICI OF THE DIVORCE CODE
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1. I consent to the entry of a final decree in 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.
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