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Home My WebLink About01-4541 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA SUZANNE K. ARCHER, Plaintiff CIVIL ACTION--LAW IN DIVORCE vs. NO. 0(' 4f4l ~ JEFFREY M. ARCHER, Defendant NOTICE TO DEFEND AND CLAIM RIGHTS YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set forth in the following pages, you must take prompt action. You are warned that if you fail to do so, the case may proceed without you and a decree of divorce or annulment may be entered against you by the Court. A judgment may also be entered against you for any other 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, 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 Cumberland County Courthouse 3 South Hanover St. Carlisle, PA 17013 (717) 240-6200 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA SUZANNE K. ARCHER, Plaintiff CIVIL ACTION--LAW IN DIVORCE vs. NO. JEFFREY M. ARCHER, Defendant COMPLAINT UNDER SECTION 3301(C) OR 3301(d) OF THE DOMESTIC RELATIONS CODE AND NOW, comes plaintiff, SUZANNE K. ARCHER, and files the following Complaint in Divorce, and in support thereof avers as follows: 1. plaintiff is Suzanne K. Archer, an adult individual, who currently resides at 556 W. Penn Street, Carlisle, Cumberland County, Pennsylvania 17013 since July 16, 1999. 2. Defendant is Jeffrey M. Archer, an adult individual, who currently resides at 503 B Street, Carlisle, Cumberland County, Pennsylvania, 17013 since July 7, 2001. 3. plaintiff and Defendant have been bona fide residents in the Commonwealth of Pennsylvania for at least six (6) months immediately preceding the filing of this Complaint. 4. The Plaintiff and Defendant were married on July 16, 1999 in Carlisle, PA 17013. 5. The Plaintiff and Defendant were separated on or about July 7, 2001. 6. There have been no prior actions of divorce or for annulment between the parties. 7. The plaintiff and Defendant are not members of the armed forces of the united States or any of its allies. 8. The plaintiff avers that the marriage is irretrievably broken. 9. Plaintiff has been advised of the availability of counseling and that the plaintiff may have the right to request that the Court require the parties to participate in counseling. The plaintiff does not desire counseling. 10. plaintiff requests the Court to enter a decree of divorce. Dated:-j.{ r d 0) O()! I~ (' H R'" St. '..- arlisle, PA 17013 (717) 240-0587 plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA SUZANNE K. ARCHER, plaintiff CIVIL ACTION--LAW IN DIVORCE vs. NO. JEFFREY M. ARCHER, Defendant VERIFICATION I verify that the statements made in the foregoing Complaint in Divorce are true and correct to the best of my knowledge, information and belief. This Verification is made only as to the factual averments contained herein, and not to legal conclusions and averments authorized by counsel in her capacity as attorney for the party or parties hereto. 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. R ~~~ :E:- ~ ~ ~ I' ~ 0<' .j.I ...j \y<J' ~ (') ~;= c:' ...,...~ :. .' ~fir c.co.. cf .......\ -- ~\ lot <i I::' <Ai \" ~~ 4--;>0 .J:-" -< ':::: ~ "'-,J '..- ""..> c. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA SUZANNE K. ARCHER, Plaintiff CIVIL ACTION--LAW IN DIVORCE vs. JEFFREY M. ARCHER, Defendant NO. 01-4541 civil AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under section 3301(c) of the Divorce Code was filed on July 27, 2001. 2. The marriage of the Plaintiff and Defendant is irretrievably broken and more than ninety (90) days have elapsed from the date of filing the Complaint. 3. I consent to the entry of a final decree in divorce. 4. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if I do not claim them before a divorce is granted. 5. I understand that the costs of these proceedings will be paid for by Plaintiff. I verify that the statements made in this affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C. S. Section 4904 relating to unsworn falsification to authorities. ~r~ ~S E K.;ARCHER Date: (") 0 0 c:: -n ~ Z -, :c.. ~Ui 0 ;f1;~ r,r; .<:: ~" N '!'1f'Tl z~. '7 (f> .'.: "') --<L: ~,7{ l...J ~CJ -0 .,,- -r, (-):Q ~o ::;;: ..>- (J :;;;0 ~ om c:: --I ~ U1 55 N -< I I I I I I I - IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA SUZANNE K. ARCHER, Plaintiff CIVIL ACTION--LAW IN DIVORCE vs. JEFFREY M. ARCHER, Defendant NO. 01-4541 Civil WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER SECTION 3301(c) OF THE DIVORCE CODE 1. I consent to the entry of a final decree of divorce without 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. Sect in 4904 relating to unsworn falsification to authorit~'es.. j Date: 1/1/0/ ~ r -IhrIVA . NE K ( ARtHER o ~ ~ -0 oj mrn Z:c; ~?; r:;:c: ~o 5>2 z ::< o o -n :z c:> <:: N ~] '"n ~'~.~o (){.L, ;f~~ om -" ?O -< ~ :J:: ~ U1 r>.) IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA SUZANNE K. ARCHER, Plaintiff CIVIL ACTION--LAW IN DIVORCE vs. JEFFREY M. ARCHER, Defendant NO. 01-4541 Civil AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under section 3301(c) of the Divorce Code was filed on July 27, 2001. 2. The marriage of the Plaintiff and Defendant is irretrievably broken and more than ninety (90) days have elapsed from the date of filing the Complaint. 3. I consent to the entry of a final decree in divorce. 4. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if I do not claim them before a divorce is granted. 5. I understand that the costs of these proceedings will be paid for by Plaintiff. I verify that the statements made in this affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C. S. Section 4904 relating to unsworn falsification to authorities. Date :l~ NOV g 0 0 - -(1 ~ ~ ::1 1f,f!:; ~ ~,-..,., zg; \.1;::::= N n\,r1 ~~ - :')C( A' <?tCJ: ~C) -0 ~~~ "J? ~8 ~ '~,.}B I:-? 0"" "?C ~."'\ ~ U1 Z 1'-' :2; IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA SUZANNE K. ARCHER, Plaintiff CIVIL ACTION--LAW IN DIVORCE vs. JEFFREY M. ARCHER, Defendant NO. 01-4541 Civil WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER SECTION 3301(c) OF THE DIVORCE CODE 1. I consent to the entry of a final decree of divorce without 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. Section 4904 re~a/ing to un,worn falaificacion co aUChoriCi".. ~, ~~ Date: I~ f'tPPlU CJEF~~? ARC-1'R ( 0 0 0 c: -" ~ z 0::1 -OW 0 (O'h~ mni ..:: ;.2:::::n N -',~::,m ZC- ~t}O ~;~~~ C) (1., I ~O -0 ~~:j -T-i --"~--n ~O :x ~~CJ i ;&;8 ~ 'sm ~ \ ~ ~ ~ (,,) I IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA SUZANNE K. ARCHER, Plaintiff CIVIL ACTION--LAW IN DIVORCE vs. JEFFREY M. ARCHER, Defendant NO. Ol-454l Civil CERTIFICATE OF SERVICE AND NOW, this 28th day of July 2001, I, Suzanne K. Archer, Plaintiff, hereby certify that I have this day served the following person with a copy of the foregoing Complaint, by depositing same in the United States Mail, Certified Mail--Return Receipt Requested, Restricted Delivery, Postage Prepaid, addressed as follows: Jeffrey M. Archer 503 B Street Carlisle, PA 17013 j~~~ 556 West Penn St. Carlisle, PA 17013 (717) 240-0587 ..,,- . Complete ~ems 1, 2, and 3. Also cori1pIete item 4 W Restricted Delivery Is desired. .. Print your name and address on the I'8Wr'88 10 that we can return the card to you. . Attsch this card to the bsck of the mallplec8, CIl' on the front If space pannlts. 1. Miele Addressed to: "'3i~""~ ""-- ~~ '5"01:. %. ~~\. <::....r\\....\e. ~'" \lO'~ I 2. Article N ) Q""6'; , PS FDnTl ~ 3, ServIce Type 14 CertIfIed Moll 0 Exp18S8 MslI o Reg_ 0 Return RsceIpt for__ o Insured Mall 0 C,O,O, 4. Restricted Delivery? (Extra Fee) A. -!>Y (PIMse ~CIeerly) :r<~ 4....~~...- C. SIgnature, _ / j J ~ ~ 0, Is dolNory _ diIforenl from hem 17 W YES, enter dallvery address below: -,~:"~ o Agent D- O Yes ONe \) o Yes .GG-M-1789 () CJ 0 C ... " -Om z '-1 rnn~i c:l T 2::(1 <: ;'i'j?J z' N :;~ w); -<z r;;::o -u ,~;B ~o :x >8 -:;7(J ~ C5rn ~ -4 U1 55 w -< SEPARATION AND PROPERTY SETTLEMENT AGREEMENT THIS AGREEMENT, made this I/~day of October 2001, by and between Suzanne K. Archer of Carlisle, Cumberland County, Pennsylvania, a party of the first part, hereinafter referred to as "Wife" and Jeffrey M. Archer of Carlisle, Cumberland County, Pennsylvania, party of the second part, hereinafter referred to as "Husband" WITNESSETH: WHEREAS, husband and wife were married on July 16, 1999 in Carlisle, Cumberland County, Pennsylvania; and WHEREAS, husband and wife have been living separate and apart from each other since July 3, 2001; WHEREAS, husband and wife are residents of the Commonwealth of Pennsylvania and have been so for at least the past six (6) months; and WHEREAS, certain diverse, unhappy differences have arisen between the parties hereto which have made them desirous of continuing to living separate and apart from one another; and WHEREAS, husband and wife desire to settle and determine certain of their marital rights and obligations, and make an equitable distribution of their marital property; WHEREAS, it is the intention and purpose of this Agreement to set forth the respective rights and duties of the parties while they continue to live apart from each other and to settle all financial and property rights between them; and WHEREAS, the parties hereto have mutually entered into agreement for the division of their jointly owned assets, the provisions for the liabilities they owe, and provisions for the resolution of their mutual differences, after both 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 mutually made and to be kept promises set forth herein and for other good and valuable consideration, intending to be legally bound and to legally bind heirs, successors, assigns, and personal representatives, do hereby covenant, promise and agree as follows: ARTICLE I SEPARATION 1.1 It shall be lawful for husband and wife at all times hereafter to live separate and apart from each other and to reside from time to time at such place or places as they shall deem fit free from any control, restrain, or interference, direct or indirect, by each other. Neither party shall molest the other or compel or endeavor to compel the other to cohabitate or dwell with him or her by any legal or other proceedings. The foregoing provision shall not be taken to be an admission on the part of either husband or wife of the lawfulness of the causes leading to them living separate and apart. ARTICLE II DIVORCE 2.1 This Agreement is not predicated on divorce. It is specifically understood and agreed by and between the parties hereto and to each of the said parties does hereby warrant and represent to the other that the execution and delivery of this Agreement is not predicated upon nor made subject to any agreement for institution, prosecution, defense, or for the nonprosecution or non-defense of any action for divorce; provided, however, that nothing contained in this Agreement shall prevent or preclude either of the parties hereto from commencing, instituting or prosecuting any action or action for divorce, either absolute or otherwise, upon just, legal and proper grounds; nor to prevent either party from defending any such actin which has been may, or shall be instituted by the other party, or for making any just or proper defense thereto. It is warranted, covenanted, and represented by husband and wife, each to the other, that this Agreement is lawful and enforceable and this warranty, covenant, and representation is made for the specific purpose of inducing husband and wife to execute this Agreement. Husband and wife each knowingly and understandingly hereby waive any and all possible claims of this Agreement is, for any reason, illegal, or for any reason whatsoever of public policy, unenforceable in whole or in part. Husband and wife do each hereby warrant, covenant and agree that, in any possible event he or she are and ever shall be estopped from asserting any illegality or unenforceability as to all or any part of this Agreement. 2.2 It is further specifically understood and agreed that the provision of this Agreement relating to the equitable distribution of property of the parties are accepted by each party as a final settlement of for all purposes whatsoever. Should either of the parties obtain a decree, judgment or order of separation or divorce in any other state, county, or jurisdiction, each of the parties to this Agreement hereby consents and agrees that this Agreement and all its covenants shall not be effected in any way by and such separation or divorce; and that nothing in any such decree, judgment, order or further modification or revision thereof shall alter, amend or vary any term of this Agreement, whether or not either or both of the parties should remarry, it being understood by and between the parties that this Agreement shall survive and shall not be merged into any decree, judgment or order of divorce or separation. 2.3 It is specifically agreed that a copy of this Agreement may be incorporated by reference into any divorce judgment or decree if or whenever sought by any of the parties hereto. It is understood by the parties that a divorce complaint has been filed in the Court of Common Pleas of Cumberland County at docket number 4541 civil 2001. Such incorporation, however, shall not be regarded a merger, it being the intent of the parties to permit Agreement to survive any such agreements. ARTICLE III EQUITABLE DISTRIBUTION OF MARITAL PROPERTY 3.1 The parties have attempted to divide their marital property in a manner which conforms to the criteria set forth in Section 3502 of the Pennsylvania Domestic Relations Code, and taking into account the following considerations: the length of the marriage, the prior marriages of the parties; the age, health, station, amount and sources of income, vocational skills, employability, estate, liabilities, and need for each of the parties; the contribution of one party to the education, training or increased earning power of the other party; the opportunity of each party for future acquisition of capital assets and income; the sources of income of both parties, including, but not limited to medical, retirement, insurance or other benefits, the contribution of dissipation of each party in the acquisition, preservation, depreciation, or appreciation of marital property, including the contribution of a party as a homemaker; the value of the property set apart to each party; the standard of living of the parties established during their marriage. 3.2 The division of existing marital property is not intended by the parties to constitute in any way a sale or exchange of assets and the division is being effected without the introduction of outside funds or other property not constituting marital property. The division of property under this Agreement shall be in full satisfaction of all rights of equitable distribution of the parties. a. The parties hereby agree that any transfers of property pursuant to the terms of this Agreement shall be within the scope of the Deficit Reduction Act of 1984, or other similar tax acts (hereinafter "Act"). The parties agree to sign and cause to be filed any elections or other documents required by the Internal Revenue Service to render the Act applicable to the transfers set forth in this Agreement, without recognition of gain on such transfers and subject to the carry-over basis provisions of said Act. 3.3 The parties shall retain sole and exclusive right, title and possession of all personal property currently in their possession and/or personal property that was obtained by way of gift from each party's family (i.e. wife has sole and exclusive right, title and possessions of all personal property obtained from wife's family, including but not limited to parents and grandparents; husband has sole and exclusive right, title and possessions of all personal property obtained from husband's family including but not limited to parents and grandparents) Except as provided for herein, Husband shall make no claim whatsoever for any personal property in wife's possession and/or personal property that was obtained by way of gift or inheritance from her family. Additionally, except as provided for herein, wife shall make no claim whatsoever for any personal property in Husband's possession and/or personal property that was obtained by way of gift or inheritance from his family. Should it be necessary for either party to execute any documents to convey title to any such personal property in the other party's possession, they shall do so within thirty (30) days of the execution of this Agreement or within thirty (30) days of the request from the opposing party. 3.4 Except as provided herein, Husband waives any right or interest he may have in the marital residence located at 556 West Penn Street, Carlisle, Cumberland County, Pennsylvania. Due to the short period of time in which the residence was the marital residence; November 21, 2000 through July 3, 2001, there is no marital equity in the residence. Both parties agree that the appraised value of the property, as appraised for the purchase on November 21, 2000, is $94,600, that Wife received $20,000 as a gift from her parents upon the purchase of the property from wife's parents, thereby leaving a value of $74,600 as marital property and an accompanying mortgage of approximately $76,000. Husband agrees to execute a deed within 60 days of the date of this agreement, deeding the house to Wife solely. 3.5 Each party relinquishes any right, title and interest he or she may have to any and all motor vehicles currently in the possession of the other party. Within thirty (30) days of the date of execution of this document or the request of the other party, each party shall execute the necessary documents to have said vehicles properly registered in the other party's name with the Pennsylvania Department of Transportation or the proper authority within the state in which the party resides. It is the intention of the parties that the 1996 Jeep Cherokee Country, with a blue book value of approximately $12,365, shall be transferred solely to Husband. It is the intention of the parties that the 1997 Mazda 626 remain solely in Wife's name on the basis this vehicle was not marital property as it was obtained free and clear of all debts before the marriage. Except as provided herein, Wife waives any right or interest she may have in the 1996 Jeep Cherokee. Both Husband and Wife agree that there are no existing debts on the 1996 Jeep Cherokee. Furthermore, it is agreed by both Parties that Husband waives any right or interest he may have in the household pets. Wife agrees to waive her rights and interest in the home theater system, the DVD player, the personal laptop computer, and the livingroom loveseat, chair and end tables (originally a gift to Wife from her parents). All property listed above, with the exception of the living room couch and chair, was property obtained during the marriage. Additionally, both parties agree that the balance of the savings account was $8,000, from which Wife has paid $2,500 to Husband and Husband waives any right or interest he may have in the remaining balance of $5,500. 3.6 Husband and Wife agree to waive and relinquish any right that he or she may now have or hereafter acquire in any deferred compensation, pension, profit-sharing, individual retirement plan (IRA) or other retirement plan of the other party. 3.7 Husband and Wife agree to waive and relinquish any and all right that he or she may now have or hereafter acquire in any real or tangible personal property subsequently acquired by the other party. Husband and Wife specifically agree to waive and relinquish any right in such property that may arise as a result of the marriage relationship. ARTICLE IV RELEASE OF SUPPORT FOR HUSBAND AND WIFE 4.1 The parties herein acknowledge that by this Agreement they have respectively secured and maintained an adequate fund with which to provide themselves sufficient resources to provide for their comfort, maintenance, and support in the station of life in which they are accustomed. Husband and Wife do hereby waive, release and give up any rights they may respectively have against the other for alimony, support, or maintenance. 4.2 Husband and Wife specifically waive, release and give up any rights for alimony that they may be entitled to pursuant to Chapter 37 of the Pennsylvania Domestic Relations Code. ARTICLE V DEBTS OF THE PARTIES 5.1 Each party represents to the other that except as otherwise specifically set forth herein, there are no major outstanding obligations of the parties, that since the separation neither party has contracted for any debts for which the other will be responsible and each party indemnifies and holds harmless the other for all obligations separately incurred or assumed under this Agreement. In the event either party contracted for or incurred any debts since the date of separation, the party who incurred said debt shall be responsible for the payment thereof regardless of the name in which the account may have been charged. Husband and Wife acknowledge and agree that they have no outstanding debts or obligations of the Husband and Wife incurred prior to the signing of this Agreement except for the following: A. There exists a first mortgage on the marital residence, which obligation is to be that solely of Wifes. During the next twelve months, Wife is to make all reasonable efforts to obtain refinancing; thereby removing Husband's name from such obligations. B. There exists various credit cards, which mayor may not have outstanding obligations. These cards are either solely in the name of the Wife or Husband. There are no cards existing that are jointly owned by Wife and Husband. Each Party will retain the credit card(s) in each of their names and make any monthly payments as they become due. Husband and Wife acknowledge that all other joint miscellaneous utility bills associated with the marital residence, except those itemized above, if any, are the sole responsibility of Wife and Wife agrees to make all reasonable efforts to remove Husband's name from all such bills. ARTICLE VI MISCELLANEOUS PROVISIONS 6.1 The parties hereto have retained independent legal counsel. The provisions of this Agreement and their legal effect have been fully explained to the parties by their respective counselor the parties have waived their right to have legal advice regarding the meaning and implication of this Agreement. The parties acknowledge and accept that this Agreement is, in the circumstances, fair and equitable, that it is being entered into freely and voluntarily, after having received such advice and with such knowledge 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. 6.2 Husband and Wife do hereby mutually remise, release, quitclaim, and forever discharge the other and the estate of the other, for all times to come and for all purposes whatsoever, of and from any and all legal right, title and interest, or claims in or against the property of the other or against the estate of the other, of whatever nature and wheresoever situate, which he or she now has or at any time hereafter may have against such other, the estate of such other, or any part thereof, whether arising out of any former acts, contracts, engagements, or liabilities of such other as by way of dower or curtesy, or claims in the nature of dower or curtesy or widow's or widower's rights, family exemption, or similar allowance, or under the intestate laws, or the right to take against the spouse's will; or the right to treat a lifetime conveyance by the other as testamentary, or all other rights of a surviving spouse to participate in a deceased spouse's estate, whether arising under the laws of (a) Pennsylvania (b) any state, commonwealth, or territory of the United States, or (c) any other country, or any rights which either party may have or at any time hereafter have for past, present, or future support or maintenance, alimony, alimony pendente lite, source fees, costs or expenses, whether arising as a result of the marital relation or otherwise, 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 thereof. It is the intention of Husband and Wife to give to each other by execution of this Agreement a full, complete, and general release with respect to any and all property of any kind or nature, real or personal, not 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 thereof. 6.3 Each party represents that since separation, they have not heretofore incurred or contracted for any debt or liability or obligation for which the estate of the other party may be responsible or liable, except as may be provided for in this Agreement. Each party agrees to indemnify and hold the other party harmless from and against any and all such debts, liabilities or obligations of each of them, including those for necessities, except for the obligations arising out of this Agreement. Husband and Wife each warrant, covenant, 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 is otherwise specifically provided herein. 6.4 No waiver or modification of any of the terms of this Agreement 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. 6.5 This Agreement shall be construed in accordance with the laws of the Commonwealth of Pennsylvania which are in effect as of the date of execution of this Agreement. 6.6 This Agreement shall be binding and shall inure to the benefit of the parties hereto and their respective heirs, executors, administrators, successors and assigns. 6.7 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. 6.8 If any term, condition, clause, section, 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. Likewise, the failure of any party to meet his or her obligation under anyone or more of the articles and sections herein shall in no way void or alter the remaining obligations of the parties. 6.9 It is specifically understood and agreed that this Agreement constitutes an equitable distribution of property, both real and personal, which was legally and beneficially acquired by Husband and Wife, or either of them, during the marriage as contemplated by the Domestic Relations Code of the Commonwealth of Pennsylvania. 6.10 The parties warrant and represent that they have made full disclosure of all assets prior to the execution of this Agreement. 6.11 In the event either party to this Agreement shall breach any term, covenant or other obligation herein, the non-breaching party shall be entitles, in addition to all other remedies available at law or in equity, to recover from the breaching party all costs which the non-breaching party may incur, including but not limited to filing fees and attorney's fees, in any action or proceeding to enforce the terms of this Agreement. 6.12 This Agreement shall survive any action for divorce and decree of divorce and shall forever be binding and conclusive on the parties; and any independent action may be brought, wither at law or in equity, to enforce the terms of this Agreement by either Husband or Wife until it shall have been fully satisfied and performed. The consideration for this Agreement is the mutual benefits to be obtained by both of the parties hereto and the covenants and agreements of each of the parties to the other. IN WITNESS WHEREOF, the said parties of this Agreement have hereunto set their hands and seals, intending to be bound legally hereby, the day and year first above written. Signed, sealed and delivered in the presence of: WITNESS: 9-rY nev;h<-. I ~ /7 v/ . /' '11 c~ ~K. ~c ER , ;/( l.~:/ '-TJY JEF R Y . ARCHER W~~ J?-- c:) ------." r- lr.; ~ ;? !~~-'-"( ~):; ,.... -:-! ;';c- t;:] C',' >"" ';:,~ 1 :J :;.,;0... ~ c. c) ::;;' ,) () ,.,... .l-') \'i -... ~ct V ":., u -F - {-, '- o~ ~ J " c) IJ.! --+- 6~~ () IN THE COURT OF COMMON PLEAS s\)..~<"~ ,<-, kc:..~, ~'\~,~""-~ VS. 'S~~~"-~ ~. ~~, '\:.e.~~ CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION NO. O\-U,'S'-\..\. 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) 3301 (d)(1) of the Divorce Code. (Strike out inapplicable section). 2. Date and manner of service of the complaint: \ l...,.,~ <::.In-.\....... ~~ C "-~~Q....A. "'~ ~- iL...."-Vo..<"C'o. (;In r",~, ~~LO"-\..~ ~........"'-~~ '\:..,)..''''''~ ~o,\""'ne ~.....~",,\.., \ . ..... 3. Complete either paragraph (a) or (b). (a) Date of execution of the affidavit of consent required by ~3301 (c) of the Divorce Code: by plaintiff ~"'u<' ""'''''''~ "'" ()G \ ; by defendant "'~'\,,,<'" \.~ ;u:,o \ . . (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: ~ 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: ,",,0"4.0"0.\'''<:''' a.. \. ~oo \ Date defendant's Waiver of Notice in ~3301 (c) Divorce was filed with the Prothonotary: N.o~"-- ~, -:LQ(')\ . Attorney fe~i~tiff Defendant J1.P--o.., (') co ~~) C , ~ = "0:; -,' " " rnrn C) Z:'l: ZC Cl CO,::.__': -< " ~t:; -n '~~2 ~;~ '):>c, ....",~ zb r-J .....>CiI ):.'C ,..., ~ U1 ~ ():) -< RAYMOND E. DIEHL and GENEVIEVE A. DIEHL, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiffs v. HANFT & KNIGHT, P.C.; and SUSAN A. HANFT, individually and in her fiduciary capacity as personal representative of the ESTATE OF MICHAEL J. HANFT, DECEASED, CIVIL ACTION - LAW AND EQUITY Defendants No. 04-4541 Civil Term CONSENT TO FILING OF SECOND AMENDED COMPLAINT Pursuant to Pa. R. Civ. P. 1033, the undersigned counsel, who collectively represent all the defendants in the above- referenced action, hereby consent to the filing of a second amended complaint by plaintiffs. This consent form may be executed in counterparts. McKISSOCK & HOFFMAN, P.C. BARLEY SNYDER SENFT & COHEN, LLC " ~,c" 2040 Ling~estown Road Harrisburg, PA 17110 717-540-3400 By Katherine B. Kravitz 126 East King Street Lancaster, PA 17602-2893 717-299-5201 Attorneys for defendant Hanft & Knight, P.C. Attorneys for defendant Susan A. Hanft Dated: February~, 2005 Dated: February _, 2005 , "d , c<; (:: -------- RAYMOND E. DIEHL and GENEVIEVE A. DIEHL, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiffs v. HANFT & KNIGHT, P.C.; and SUSAN A. HANFT, individually and in her fiduciary capacity as personal representative of the ESTATE OF MICHAEL J. HANFT, DECEASED, CIVIL ACTION - LAW AND EQUITY Defendants No. 04-4541 Civil Term CONSENT TO FILING OF SECOND AMENDED COMPLAINT Pursuant to Pa. R. Civ. P. 1033, the undersigned counsel, who collectively represent all the defendants in the above- referenced action, hereby consent to the filing of a second amended complaint by plaintiffs. This consent form may be executed in counterparts. By By Katherin~ B. Kra itz 126 Eas~ King Lancaster, PA 717-299-5201 McKISSOCK & HOFFMAN, P.C. Edwin A.D. Schwartz 2040 Linglestown Road Harrisburg, PA 17110 717-540-3400 Dated: February ___, 2005 Attorneys for defendant Susan A. Hanft Dated: February~, 2005 Attorneys for defendant Hanft & Knight, P.C. c ~-n <~ c,'. \ C::. .~, . {>" (.., c-