Loading...
HomeMy WebLinkAbout02-5661DAWN R. MASON, V. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA PLAINTIFF CIVIL ACTION - LAW NO. 02- 5-(~& I CIVIL JOSEPH C. MASON, : DEFENDANT : IN DIVORCE NOTICE TO DEFEND AND CLAIM RIGHTS You have been sued in court. If you wish to defend against thc claims set forth in the following pages, you must take prompt action. You are warned that if you fail to do so, the case may proceed without you and a decree of divorce or annulment may be entered against you by the court. A judgement may also be entered against you for any other claim or relief requested in these papers by the Plaintiff. You may lose money or property or other rights important to you, including custody or visitation of your children. When grounds for thc divorce is indignities or irretrievable breakdown of the marriage, you may request marriage counseling. A list of marriage counselors is available in the office of the Prothonotary at Cumberland County Courthouse, 1 Courthouse Square, Carlisle, PA 17013. IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY, LAWYER'S FEES OR EXPENSES BEFORE A DIVORCE OR ANNULMENT IS GRANTED, YOU MAY LOSE THE RIGHT TO CLAIM ANY OF THEM. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 2 Liberty Avenue Carlisle, Pennsylvania 17013 717-249-3166 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA DAWN R. MASON, PLAINTIFF V. JOSEPH C. MASON, DEFENDANT CIVIL ACTION - LAW : _. : NO.C)~ -~'~6,f CIVIL : ; IN DIVORCE COMPLAINT IN DIVORCE UNDER SECTION 3301(c) OR 3301(d) OF THE DIVORCE CODE AND NOW, comes the above named Plaintiff, Dawn R. Mason, by and through her attorneys, Weigle & Associates, P.C., and Richard L. Webber, Jr., Esquire, and seeks to obtain a Decree in Divorce from the above-named Defendant, upon the grounds hereinafter more fully set forth: Plaintiff, Dawn R. Mason, is an adult individual presently residing at 905L Roxbury Road, Apartment 12, Shippensburg, Southampton Township, Franklin County, Pennsylvania 17257, since April 26, 2000. Defendant, Joseph C. Mason, is an adult individual presently residing at 7 Renee Avenue, Shippensburg, Southampton Township, Cumberland County, Pennsylvania 17257, since 1989. The Plaintiff and Defendant are nationals and citizens of the United States of America, and both have been bona fide residents of the Commonwealth of Pennsylvania for at least six (6) months immediately previous to the filing of the Complaint in Divorce. The Plaintiff and Defendant were married on April 25, 1987 at Waynesboro, Franklin County, Pennsylvania. There have been no prior actions of divorce or for annulment between the parties. Plaintiff has been advised that counseling is available and the Plaintiff may have the fight to request that the court require the parties to participate in counseling. The marriage is irretrievably broken. The parties have lived separate and apart since April 26, 2000. 9. The Plaintiffrequests the court to enter a decree of divorce. WHEREFORE, the Plaintiff prays your Honorable Court to enter a Decree in Divorce from the bonds of matrimony and for such other and further relief to which Plaintiff shall be entitled. WEIGLE & ASSOCIATES, P.C. By: Richard L. Webber, Jr., Esquirp,tt~ Attorney for Plaimiff Attorney ID #49634 126 East King Street Shippensburg, PA 17257 717-532-7388 VERIFICATION I verify that the statements made in the foregoing Complaint in Divorce are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa C.S. § 4904, relating to unsworn falsification to authorities. Dated: Dawn R. Mason, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA DAWN R. MASON, PLAINTIFF V. JOSEPH C. MASON, DEFENDANT CIVIL ACTION - LAW NO. 02-5661 CIVIL IN DIVORCE I, Joseph C. ACCEPTANCE OF SERVICE Mason, do hereby depose and say that on the ~ day of ,2002, I received and accepted service of a tree and attested copy of the Notice to Defend and Claim Rights with Complaint in Divorce irt the above-captioned action. I verify that the former statement is true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. § 4904, relating to unswom falsification to authorities. Date: Mailing ~tddress: 7 Renee Avenue Shippensburg, PA 17257 WEIGLE & ASSOCIATES, ]~C. ATTORNEYS AT LAW -- 126 EAST KING STREET -- SHIPPENSBURG, PA 17257-1397 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA DAWN R. MASON, PLAINTIFF V. JOSEPH C. MASON, DEFENDANT CIVIL ACTION - LAW NO. 02-5661 CIVIL IN DIVORCE AFFIDAVIT OF CONSENT A complaint in divorce under § 3301(c) of the Divorce Code was filed on November 25, 2002. The marriage of Plaintiff and Defendant is irretrievably broken and ninety days have elapsed from the date of filing and service of the Complaint. I consent to the entry of a final decree of divorce after service of notice of intention to request entry of the decree. I verify that the statements made in this affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. § 4904 relating to unsworn falsification to authorities. Dawn R. Mason, Plaintiff 7_, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA DAWN R. MASON, PLAINTIFF V. JOSEPH C. MASON, DEFENDANT CIVIL ACTION - LAW NO. 02-5661 CIVIL IN DIVORCE AFFIDAVIT OF CONSENT 1. A complaint in divorce under § 3301(c) of the Divorce Code was filed on November 25, 2002. 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety days have elapsed from the date of filing and service of the Complaint. 3. I consent to the entry of a final decree of divorce after service of notice of intention to request entry of the decree. I verify that the statements made in this affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. § 4904 relating to unsworn falsification to authorities. Dated: Joseph. M~son, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA DAWN R. MASON, : PLAINTIFF : V. : : JOSEPH C. MASON, : DEFENDANT : CIVIL ACTION - LAW NO. 02-5661 CIVIL IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER § 3301(c) AND § 3301(d) 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 this affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. § 4904 relating to unswom falsification to authorities. Dawn~R. Mason, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA DAWN R. MASON, : PLAINTIFF : ._ V. : _. JOSEPH C. MASON, : DEFENDANT : CIVIL ACTION - LAW NO. 02-5661 CIVIL IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER § 3301(c) AND ~ 3301(d) OF THE DIVORCE CODE I consent to the entry of a final decree of divorce without notice. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses ifI do not claim them before a divorce is granted. I understand that I will not be divorced until a divorce decree is entered by the Court and that a copy of the decree will be sent to me immediately after it is filed with the prothonotary. I verify that the statements made in this affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. § 4904 relating to unsworn falsification to authorities. Dated: JoSh (ffMason, Defendant Page 1 of 10 .MARITAL AGREEMENT THIS AGREEMENT, made this ~ M [2) day of [~ f~ <~ { ,2004, by and between Joseph C. Mason, hereinafter referred to as Husband, of 41 East Frederick Street, Frederick, Maryland 21795-1523, and Dawn R. Mason, hereinafter referred to as Wife, of 7 Renee Avenue, Shippensburg, Cumberland County, Pennsylvania 17257. WITNESSETH: WHEREAS, the parties hereto are Husband and Wifi~, having been married on April 25, 1987, in Waynesboro, Franklin County, Pennsylvania, with t~ee (3) children having been born of the marriage; and WHEREAS, diverse unhappy differences, disputes and difficulties have arisen between the parties and it is the intention of Wife and Husband to live separate and apart, and the parties hereto are desirous of settling some of their respective financial and property rights and obligations as between each other including, without limitation by specification: the implementation of custody/visitation arrangements for the minor children of the parties; the equitable division of marital property; and the settling of all matters between them relating to the past, present and future support, alimony and/or maintenance of Wife by Husband or of Husband by Wife. NOW, THEREFORE, in consideration of the prenfises and of the mutual promises, covenants and under takings hereinafter set forth which are hereby acknowledged by each of the parties hereto, Wife and Husband, each intending to be legally bound hereby, covenant and agree as follows: 1. AGREEMENT NOT A BAR TO DIVORCE PROCEEDINGS This Agreement shall not be considered to affect or bar the right of Wife or Husband to a limited or absolute divorce on lawful grounds, if such grounds exist or shall hereafter exist or to such defense as may be available to either party. This Agreement is not intended to condone and shall not be deemed to be a condonation, on the part of either pa~y hereto, of any act or acts on the part of the other party which have occasioned the disputes .or unhappy differences which have occurred prior to or which may occur subsequent to the date hereof. The parties intend to secure a mutual consent, no-fault divorce pursuant to the terms of Section 3301(c) of the Pennsylvania Divorce Code of 1980, as amended. Page 2 of 10 2. EFFECT OF DIVORCE DECREE The parties agree that unless otherwise specifically provided herein, this Agreement shall continue in full force and effect after such time as a final decree in divorce may be entered with respect to the parties. 3. AGREEMENT TO BE INCORPORATED IN DIVORCE DECREE The parties agree that the terms of this Agreement may be incorporated into any divorce decree, which may be entered with respect to them. 4. DATE OF EXECUTION The "date of execution" or "execution date" of the Agreement shall be defined as the date upon which it is executed by the parties if they have each executed the Agreement on the same date. Otherwise, the "date of execution" or "execution date" of this Agreement shall be defined as the date of execution by the party last executing this Agreement. 5. ADVICE OF COUNSEL The provisions of this Agreement and their legal effect have been fully explained to Husband, by Richard L. Webber, Jr., Esquire, who is attorney for Wife and who prepared this marital agreement. He acknowledges that he has been advised of his right to seek independent legal counsel and he has decided not to do so. Both parties acknowledge that they fully understand the facts and have been fully informed as to their legal rights and obligations and understand the same. The parties hereto further acknowledge and accept that this Agreement is, in the circumstances, fair and equitable and that it is being entered into freely and voluntarily after having received such advice and with such knowledge, and that execution of this Agreement is not the result of any duress or undue influence and that it is not the result of any collusion or improper or illegal agreement or agreements. 6. PERSONAL RIGHTS Wife and Husband may and shall, at all times hereafter, live separate and apart. They shall be free from any control, restraint, interference or authority, direct or indirect, by the other in all respects as fully as if they were unmarried. They may reside at such place as they may select. Each may, for his or her separate use or benefit, conduct, carry on and engage in any business, occupation, profession or employment, which to him or her may seem advisable. Wife and Husband shall not molest, harass, disturb or malign each other or the respective families of each other nor compel or attempt to compel the other to cohahit or dwell by any means or in any manner whatsoever with him or her. Page 3 of 10 7. SEPARATION DATE The parties do hereby acknowledge that they separated on April 26, 2000. It is hereby agreed that April 26, 2000, shall be the separation date for pttrposes of equitable distribution under the Pennsylvania Divome Code unless altered by subsequent agreement of the parties in writing and signed by each of the parties. No attempt at reconciliation shall be considered to alter the separation date unless evidenced by written agreement. 8. MOTOR VEHICLES A. The parties agree that Wife shall become the sole and exclusive owner of the parties' Eagle Talon motor vehicle. Husband shall convey title to Wife within 10 days after the signing of this Agreement. B. The parties agree that Husband shall become the sole and exclusive owner of the parties' Toyota Previa motor vehicle. 9. PERSONAL PROPERTY Husband and Wife do hereby acknowledge that they have previously divided their tangible personal property, including but not limited to jewelry, clothes, furniture, furnishings, rugs, carpets, household equipment and appliances, vehicles, pictures, books, works of art and other personal property and hereafter Wife agrees that all of the property in the possession of Husband shall be the sole and separate property of Husband and Husband agrees that all of the property in the possession of Wife shall be the sole and separate property of Wife. The parties do hereby specifically waive, release, renounce and forever abandon whatever claims, if any, he or she may have with respect to the above items, which shall become the sole and separate property of the other. 10. AFTER-ACQUIRED PERSONA]L PROPERTY Each of the parties shall hereafter own and enjoy, independently of any claim or right of the other, ail items of personal property, tangible or intangible, hereafter acquired by him or her, with full power in him or her to dispose of the same as fully and effectively, in all respects and for all purposes, as though he or she were not married. 11. REAL ESTATE The parties hereto acknowledge and agree that they are owners of real estate and improvements thereon situate in Southampton Township, Cmnberland County, Pennsylvania, and more specifically known as 7 Renee Avenue, Shippensburg, Pennsylvania 17257. For and in consideration of the mutual covenants and agreements herein contained in the body of this instrument, Husband and Wife further stipulate and agree that title to said real estate shall temporarily remain in both names. In consideration of the mutual covenants and agreements herein contained in the body of this instrument, the parties agree as follows: Page 4 of 10 A. Wife shall retain possession of the said real estate on May 1, 2003. Husband shall pay the mortgage payment, homeowners insurance, and taxes on a timely basis. Husband's obligation shall continue until Matthew Mason graduates from high. B. With the consent of Wife, Husband may attempt to refinance the existing mortgage throughout the time period in which he is obligated to pay the mortgage, taxes, and insurance. If he is successful in doing so and if the total monthly payment l~or the mortgage, taxes and insurance is less than One Thousand Dollars ($1,000.00), Husband shall pay Wife the difference to be applied towards her utility bills. C. Husband hereby releases to Wife any interest that he has in the said real estate. Husband, his heirs, and assigns shall convey his entire interest in said real estate to Wife any time that she desires. He shall continue to pay her the sum of One Thousand Dollars ($1,000.00) per month until Matthew Mason graduates from high school. D. If title has not been transferred to Wife at the time that Matthew Mason graduates from high school, Wife shall refinance the mortgage solely in her name at which time Husband shall convey his full interest to her. E. Husband may deduct the mortgage, interest and taxes on the marital residence as long as he pays the taxes and insurance. F. Wife shall pay all utility bills on a timely basis and shall be obligated to maintain said real estate. G. Husband shall be solely liable for any monies owed to his parents relating to a loan made by his parents to Husband and Wife for the marital real estate. Husband shall indemnify and hold Wife harmless from any liability thereon, including attoraey fees. 12. HUSBAND'S EMPLOYEE ]BENEFIT Wife hereby waives any and all right to claim any interest or share in Husband's employee benefits. Husband shall name the three (3) children of this marriage, Laura A. Mason, Brittany E. Mason, and Matthew T. Mason; his daughter from a previous marriage, Hailee A. Matalonis; and his stepdaughter, Nicole R. Kauffman, as beneficiaries of his retirement benefits with each person being a twenty percent (20%) beneficiary, and shall provide evidence at a time requested by Wife. 13. WAIVER OF SPECIFIED CLAIMS BY HUSBAND Husband hereby waives any and all right to claim any interest or share in Wife's employee benefits. 14. FUNDS ON DEPOSIT AT BANKS OR FINANCIAL INSTITUTIONS The parties have previously divided all cash and cash equivalents. Page 5 of 10 15. CHILD SUPPORT AND OBLIGATIONS A. Husband and Wife each do hereby mutually' release each other from any direct monetary claim of child support except as provided below. B. Husband shall continue to provide health insurance for their three (3) children while they are minors. C. Husband and Wife shall share equally any medical expenses for their three (3) children not covered by insurance. D. Husband shall continue to provide clothing for their three (3) children while they are minors. E. Husband shall continue to provide school lunch money for their three (3) children while they are in school. F. Husband shall pay the mortgage payment, homeowners insurance, and taxes on the property located at 7 Renee Avenue, Shippensburg, Pennsylvania 17257, until Matthew Mason graduates from high school G. Wife shall pay all utility bills and maintain the property located at 7 Renee Avenue, Shippensburg, Pennsylvania 17257, until Matthew Mason graduates from high school. H. If Husband fails to pay mortgage, taxes or insurance in a timely manner, Wife has a legal right to go to the Courts for support. 16. WARRANTY AS TO EXISTING OBLIGATIONS Each party represents that he or she has not heretofore incurred or contracted for any debt or liability or obligation for which the estate of the other party may be responsible or liable except as may be provided for in this Agreement. Each party agrees to indemnify and hold the other party harmless from and against any and all such debts, liiabilities or obligations of every kind which may have heretofore been incurred by them, including those for necessities, except for the obligations arising out of this Agreement. 17. WARRANTY AS TO FUTURE OBLIGATIONS Wife and Husband each covenant, warrant, represent and agree that each will now and at all times hereafter save harmless and keep the other indemnified from all debts, charges and liabilities incurred by the other after the execution date of this Agreement, except as may be otherwise specifically provided for by the terms of this Agreement and that neither of them shall hereafter incur a liability whatsoever for which the estate of the other may be liable. Page 6 of 10 18. CUSTODY AND VISITATION OF MINOR CHILDREN The parties shall share legal and physical custody of their minor children. 19. CONSULTATION PRIVILEGES In addition to any provisions which may be contained herein regarding custody and visitation, Husband and Wife shall have the following rights with respect to the children: reasonable telephone calling privileges; access to report cards and other relevant information concerning the progress of the children in school; approval of extraordinary medical and/or dental treatment except in the case of an emergency and provided that such approval shall not be unreasonably withheld; approval of summer camp and schools provided that such approval shall not be unreasonably withheld. 20. HEALTH INSURANCE~ ETC. Husband shall provide health insurance for the children while they are minors. In addition, he shall provide clothing and other personal items for them. 21. LEGAL FEES Husband shall pay the cost of legal fees incurred in ]preparation of this marital agreement and all legal fees and court costs in connection with obtaining a 3301(c) No-Fault Divorce. Husband agrees to cooperate by executing the necessary consents and other documents required to effectuate said divorce, as requested by Wife's attorney. Husband is aware that Wife's attomey represents Wife only and that he has been advised to seek independent legal advice prior to signing this Agreement. 22. INCOME TAX RETURNS The parties agree to file separate federal and state income tax returns. 23. DEPENDENCY EXEMPTIONS FOR INCOME TAX For purposes of federal and state income taxes, the party that exercises custody of a child for the majority of the year shall claim that child. The parties agree to file separate tax returns. 24. MUTUAL RELEASES Husband and Wife each do hereby mutually remise, release, quitclaim and forever discharge the other and the estate of each other, for all time to come, and for all purposes whatsoever, of and from any and all rights, title and interest, or claims in or against the property (including income and gain from property hereafter accruing) of the other or against the estate of such other, of whatsoever nature and wheresoever situate, Which he or she now has or at any time Page 7 of lO hereafter may have against such other, the estate of such other or any part thereof, whether arising out of any former acts, contracts, engagements or liabilities of such other or by way of dower, courtesy, or claims in the nature of dower or courtesy or widow's or widower's rights, family exemption or similar allowance, or under the intestate laws, or the right to take against the spouse's will; or the right to treat a lifetime conveyance by the other as testamentary, or ail other rights of a surviving spouse to participate in a deceased spouse's estate, whether arising under the laws of(a) Pennsylvania, (b) any State, Commonwealth or territory of the United States, or (c) any other country, except, and only except, all rights and agreements and obligations of whatsoever nature arising or which may arise under this Agreement or for the breach of any provision thereof. It is the intention of Husband and Wife to give to each other by the execution of this Agreement a full, complete and general release with respect to any and ai][ property of any kind or nature, real, personai or mixed, which the other now owns or may hereafter acquire, except and only except all rights and agreements and obligations of whatsoever nature arising or which may arise under this Agreement or for the breach of any provision thereof. 25. WAIVER OR MODIFICATION TO BE IN WRITING No modification or waiver of any of the terms hereof shall be valid unless in writing and signed by both parties and no waiver of any breach hereof or default hereunder shall be deemed a waiver of any subsequent default of the same or similar nature. 26. DIVORCE The parties hereto agree to enter into a mutual consent divome under Section 3301(c) of the Pennsylvania Divome Code of 1980, as amended. Wife.. agrees to pursue the present divorce action filed to No. 02-5661 Civil, 2002, in the Court of Common Pleas of Cumberland County, Pennsylvania, and to be the Plaintiff therein. Husband agrees to sign the necessary documents, including the Affidavit of Consent and Waiver of Notice simultaneously with the signing of this Agreement, and further instruments that may be reasonably required to give full force and effect to the provisions of this Agreement. 27. MUTUAL COOPERATION Each party shall, at any time and from time to time hereafter, and within 10 days of receiving the request from the other party, take any and ail steps and execute, acknowledge and deliver to the other party any and all future instruments and/or documents that the other party may reasonably require for the purpose of giving full fi)rce and effect to the provisions of this Agreement. 28. LAW OF PENNSYLVANIA APPLICABLE This Agreement shall be construed in accordance with the laws of the Commonwealth of Pennsylvania. Page 8 of 10 29. AGREEMENT BINDING ON HEIRS This Agreement shall be binding and shall insure to the benefit of the parties hereto and their respective heirs, executors, ~dministrators, successors and assigns. 30. BREACH If either party breaches any provision of this Agreement, the other party shall have the right, at his or her election, to sue for damages for such breach or seek such other remedies or relief as may be available to him or her, and the party breaching this contract shall be responsible for payment of legal fees and costs incurred by the other in enforcing their rights under this Agreement. 31. WAIVER OF ALIMONY AND OTHER RIGHTS The parties hereto have been informed of their rights or have been advised to seek counsel to inform them of their rights under and pursuant to the Divorce Code, Action of April 2, 1980, Number 1980-26, as amended, particularly the provisions for alimony, alimony pendente lite, equitable distribution of marital property, counsel fees or expenses. Both parties agree that this Agreement shall conclusively provide for the distribution of property under the said law and except as specifically provided for in this agreement, hereby waive, release and relinquish any further rights they may respectively have against the other for alimony, alimony pendente lite, equitable distribution of marital property, counsel fees or expenses. From the date hereof, each party may acquire either personal or real property in their own name. Any property so acquired shall be owned solely by the individual and shall not be subject to any claim whatsoever by the other party. 32. FINANCIAL DISCLOSURE The parties confirm that they have relied on the substantial accuracy of the financial disclosure of the other as an inducement to the execution of this Agreement. 33. ENTIRE AGREEMENT This Agreement constitutes the entire understanding of the parties and supersedes any and all prior agreements and negotiations between them. There are no representations or warranties other than those expressly set forth herein. 34. NO WAIVER OF DEFAULT This Agreement shall remain in full force and effi:ct unless and until terminated under and pursuant to the terms of this Agreement. The failure of either party to insist upon strict performance of any of the provisions of this Agreement shall in no way affect the right of such party hereafter to enforce the same, nor shall the waiver of any breach of any provision hereof be Page 9 of 10 construed as a waiver of any subsequent default of the same or similar nature, nor shall it be construed as a waiver of strict performance of any other obligations herein. 35. SEVERABILITY If any term, condition, clause or provision of this Agreement shall be determined or declared to be void or invalid in law or otherwise, then only that term, condition, clause or provisions shall be stricken from this Agreement and in all other respects this Agreement shall be valid and continue in full force, effect and operation. Likewise, the failure of any party to meet her or his obligations under any one or more of the paragraphs herein, with the exception of the satisfaction of the conditions precedent, shall in no way void or alter the remaining obligations of the parties. 36. HEADINGS NOT PART OF AGREEMENT Any headings preceding the text of the several paragraphs and subparagraphs hereof are inserted solely for convenience of reference and shall not constitute a part of this Agreement nor shall they affect its meaning, construction or effect. 37. VOLUNTARY EXECUTION The provisions of this Agreement and their legal effect have been fully explained to the parties by their respective counsel, and each party acknowledges that the Agreement is fair and equitable, that it is being entered into voluntarily, and that it is not the result of any duress or undue influence. IN WITNESS WHEREOF, the parties hereto have set their hands and seals the day and year first above written. WITNESS: DAWN R. MASON J~/EPH/C. MASON Page 10 of 10 COMMONWEALTH OF PENNSYLVANIA : : cOLrNTY OF CUMBERLAND : SS. On this, the oQ~t ~ 9 day of . ~Or~ ,2004, before me a Notary Public, the undersigned officer, personally [ppeared Dawn R. Mason, known to me to be the person whose name is subscribed to the within Agreement and acknowledged that she executed the same for the purposes therein contained. 1N WITNESS WHEREOF, I have hereunto set my hand and seal. COUNTYOF ~__,k~,~¼orla~ Notadat Seal Palricie LTome, Notary Public Shippensburg Bom, C~mberland County My Gocr~mlssto~ Ext~res June 7, 2004 SS On this, the oQrvJ day of {~ tq r~'0 , 2004, before mca Notary Public, the undersigned Officer, personal~-peared Joseph C. Mason, known to me to be the person whose name is subscribed to the within Agreement and acknowledged that he executed the same for the purposes therein contained. IN WITNESS WHEREOF, I have hereunto set my hand and seal. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA DAWN R. MASON, PLAINTIFF JOSEPH C. MASON, DEFENDANT CIVIL ACTION - LAW NO. 02-5661 CIVIL IN DIVORCE PRAECIPE TO TRANSMIT RECORD To the Prothonotary: Transmit the record, together with the following info:nnation, to the court for entry of a divorce decree: Grounds for divorce: irretrievable breakdown under § 3301(c) of the Divorce Code. Date and manner of service of the complaint: December 3, 2002, by mailing postage paid, regular mail, at Shippensburg, Pennsylvania. Date of execution of the affidavit of consent required by § 3301(c) of the Divorce Code: by Plaintiff, April 2, 2004; by Defendant, March 31, 2004. Related claims pending: The attached marital agreement between the parties dated April 2, 2004, shall be incorporated but not merged into this decree in divorce pursuant to the said agreement. Date Plaintiff's Waiver in § 3301(c) Divorce was filed with the prothonotary: April 5, 2004. Date Defendant's Waiver of Notice in § 3301(c) Divorce was filed with the prothonotary: April 5, 2004. WEIGLE & ASSOCIATES, P.C. / Richard L. Webber, Jr., Esquire Attorney for Plaintiff Attorney ID #49634 126 East Kiug Street Shippensbmg, PA 17257 Telephone (717)532-7388 IN THE COURT Of COMIrVION PLEAS DA~N E. NASON PLAINTIFF VERSUS JOSHPH C. NASON DEFElqDANT OF CUMBERLAND COUNTY STATE Of .~I~_ PENNA. N O. 02-5661 CIVIL DECREE iN DIVORCE AND NOW, DECREED THAT AND JOSEPH C. NASON 20O4 ,IT IS ORDERED AND __, PLAINTIFF, , DEFENDANT, ARE DIVORCED FROM THE BONDS OF MATRIMONY. THE COURT RETAINS JURISDICTION OF THE FOLIIOWING CLAIMS WHICH HAVE BEEN RAISED OF RECORD IN THIS ACTION FOR WHIiCH A FINAL ORDER HAS NOT YET BEEN ENTERED; Tm~ATTAcm~ONARITALAGE~4~NT BETWE~THE PARTIigS DAT~oAPKIL 2, 2004, SNALL BE INCORPORATF~U BUT NOT NERGED INTO THIS DECREE IN DIVORCE PURSUANT TO l~ SAID AGREEHI~Tr. BY THE/COURT: / PROTHONOTARY