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HomeMy WebLinkAbout97-05262 2. HllSBAND'S AND WIFE'S DEBTS Except as otherwise set tbrth in this Agreement. the parties represent and warrant to each other that they have not incurred and will not contract \1r incur uny debt or liability tor which the other or the other's estate might bc responsible. Each party shall indemnify and save harmless the other purty from any and ull claims or demunds made agllinst the other by reason of debts or obligations incurred by thut party. 3. WAIVER OF RIGHTS AND MUTUAL RELEASES Except as provided in this Agreement. both parties absolutely and unconditionally release and forever discharge each other and their heirs. executors. udministrators, assigns. property and estate from any and all rights. claims. dcmands or obligations arising out of or by virtue of the marital relationship. whether such claims cxist now or arise in the future, This release shall be effective regardless of whether such claims arise out of former or future acts. contracts. engagements or liabilities of the parties or by way of dowel'. courtesy, widow'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 othcr as testamentary. or all other rights of a surviving spouse to participate in a deccascd spouse's cstate, whether arising under the laws of Pennsylvania. any state, commonwealth or territory of thc United States. or other country . Except for any cause of action for divorce which either party may have or claim to have, and except for the obligations of the partics contained in this Agreement. each party gives to the other an absolute and unconditional release and discharge from all causes of action. claims. rights .2. [)o.:umenllll.lJ484 or demands whatsoever, in law or in equity, which either party ever had or now has 'against the other, 4. REAL ESTATE The parties own as tenants by the entireties improved real property situated at 353 Kerrsvillc Road. Carlisle. Cumberland County. Pennsylvania (hereinaller "Marital Residence"). In consideration of the mutual promises of the parties, it is agreed as follows: (a) The parties hereby agree that Wife shall. upon the date of execution of this Agreement, make. execute and deliver all documents in the usual form conveying. transferring and granting to Husband all of her right. title and interest in and to the real estate described above as the Marital Residence. (b) The conveyance shall be free of all liens and encumbrances except the lien of the existing first mortgage held by Columbia National. Inc,. in the approximate amount of Sixty-three Thousand Three Hundred Four and 37/100 ($63.304.37) Dollars and the second mortgage held by Farmers Bank in the approximate amount of Seven Thousand Nine Hundred ($7,900,00) Dollars. The conveyance shall be under and subject to any covenants and restrictions of record. Wife hereby assigns to Husband any and all interest which she may have in any insurance policies covering the real estate, or in proceeds from sueh policies, or in any prepaid real estate taxes. Husband agrees to use his best efforts to have the mortgagees release Wife from her obligations on the notes secured by the mortgages by refinancing the mortgages or otherwise, Husband hereby agrees to indemnify and hold Wife harmless for any and all payments due in accordance with the terms of the mortgages existing against the property and - 3 - lJo.:um'n1 ~ I 3J.1K,I agrees to assume obligation lor any and alltnxes. utilities and other expenses incurred in connection with the premises, (c) Wife warrants that there are no liens or encumbrances against the Marital Residence, with the exception of the existing lirst and second mortgnges stated above, In the event Wife has failed to disclose a lien or encumbrance in violation of this paragraph, she shall immediately take all necessary steps in order to remove any such lien. judgment or encumbrance against the aforesaid premises and shall indemnify and hold Husband harmless with respect thereto, Wife shall be responsible to and pay Husband tiJr any costs or expenses. including attorney's fees, penalties or other expense ofwhatevcr nature. whether direct or indirect, incurred by Husband as a result of Wife's t;1i1ure to remove said liens or encumbrances at any default in payment thereon, 5, DIVISION OF PERSONAL PROPERTY (a) All household items and items of personal property in the possession of the Husband as of the date of this Agreement shall be the sole and separate property of the Husband. (b) All household items and items of personal property in the possession of the Wife as of the date of this Agreement shall be the sole and separate property of the Wife, 6, MOTOR VEHICLES (a) Wife shall retain sole and exclusive possession and/or ownership of the 1993 Ford FI50 pickup truck in her possession. (b) Husband shall retain sole and exclusive possession and/or ownership of the 1995 Oldsmobile Cutlass Supreme in his possession. - 4 . [)ocumClnl N 1334M ,. (c) Vehicle loan. PNC Bank. $18,000,00 (d) Personal loan . Pennsylvania National Bank $ 4,000.00 Any debts or obligations incurred by either party in his/her individual name, other than those specilied herein, whether incurred before or after separation. are the sole responsibility of the party in whose name the debt of obligation was incurred, Husband agrees to assume full and sole responsibility for the payment ofthe following debts and agrees to indemnify Wife for any loss sustained as a result of his failure to do so: (a) First mortgage. (b) Second mortgage. (c) Vehicle loan, Wife agrees to assume full and sole responsibility for the payment of the following debts and agrees to indemnify Husband for any loss sustained as a result of her failure to do so: (a) Personal loan . Pennsylvania National Bank, 10. AFTER.ACOUIRED PROPERTY Each of the parties shall own and enjoy. independently of any claim or right of the other, all real property and all items of personal property. tangible or intangible. hereafter acquired, with full power to dispose of the same as fully Ilnd effectively as though he or she were unmarried. Any property so Ilcquired shall be owned solely by that party and the other party' shall have no claim to that property, II. LIFE INSURANCE The parties waive and relinquish any right or interest. of whatever nature. including claims to the cash value of any life insurance policies which either may have against the other, - 6- Oo.:umc:nt II l,lJ4R4 12. SPOUSAL SUPPORT. ALIMONY PENDENTE LITE AND ALIMONY Husband nnd Wife waive and relinquish all rights, if any, to spousal support, alimony pendente lite and alimony. Any transler of moneys between the parties pursuant to any term of this Agreement shallllQ! constitute alimony but is made as purt of the parties' equitable distribution settlement. 13, HEALTH INSURANCE Husband currently is receiving health insurance henelits through Wife's employer, Lane Enterprises,lnc, Wile agrees to execute any and all forms and documents necessary to ensure that Husband can continue health insurance benelits under COBRA and/or any other applicable law or regulation. 14, TAX MAITER~ The parties have negotiated this Agreement with the understanding and intention to divide their marital property. The parties have determined that such division conforms to a right nndjust standard with regard to the rights of each party. The division of existing marital property is nOl, except as may be otherwise expressly provided herein. intended by the parties to constitute in any way a sale or exchange of assets. It is understood that the property transfers described in thiG Agreement fall within the provisions of section 1041 of the Internal Revenue Code, and as such will not result in the recognition of any gain or loss upon the transfer by the transferor. The parties have agreed to lile a joint 1997 income tax return and Husband agrees that he will be responsible for the payment of any tax liability as a result thereof. - 7. ~um'nl.IJ3484 15, COUNSEL FEES AND EXPENSES Except us otherwise specified herein, euch purty shull be responsible for puyment ofhislher own counsd lees and expenses, 16. ADVICE OF COUNSEL The purties acknowledge thut each has received or has hud the opportunity to receive independen! legal udvice from counsel of their selection and thatthcy havc bccn informed fully lIS to their legal rights and obligations. including ull rights availablc to them under the Pennsylvania Divorce Code of 1980 as amcnded. and other applicable laws. Each party confirms that he/she understands fully the terms. conditions. and provisions of this Agreement and believes them to be fair. just. adequate and rcasonable under the existing circumstances, The parties further contirm that cach is cntering into this Agreement freely and voluntarily and that the execution or this Agreement is not the result of any duress, undue influence. collusion, or improper or illegal agreement. 17. illlPA VITS OF CONSENT Each party agrecs to execute an Aflidavit of Consent for the obtaining of a no-fault divorce under the provisions of the Divorce Code of 1980. as amended. 18. EFFECT OF DIVORCE DECREE ON AGREEMENT Either party may enforce this Agreement as provided in section 3105(a) of the Divorce Code. !\;! amended. As provided in section 3105(c). provisions or this Agreement regarding equitable distribution. alimony. alimony pendente lite. counsel fees or expenses shall nPJ be subject to modification by the court. - 8. [)u~umcnllll ]J.lH.1 19, DATE OF EXECUTION The "date of exeeution". "date of this agreement" or "execution date" of this Agreement is the dute upon which it is signed by the parties if they sign the Agreement on the same dute, Otherwise. the "dute of execution". "date of this agreement" or "execution date" shull be the date on which the Inst party signed this Agreemcnt. 20. HEADINGS NOT PART OF AGREEMENT The descriptive heudings preceding the paragraphs are lor convenience und shall not uffect the meaning. construction or effect of this Agreement. 21. SEVERABILITY AND INDEPENDENT AND SEPARATE COVENANTS Euch separate obligation shall be deemed to be a separate und independent covenant and agreement. If uny term. condition. cluuse or provision of this Agreement shull be determined or declared to be void or invulid in law or otherwisc, thcn 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 forcc. eflect and operation, 22. AGREEMENT BINDING ON HEIRS This Agreement shall be binding on and shall cnsure to the bene lit of the parties and their respective heirs, executors. administrators. successors, and assigns. 23. INTEGRATION This Agreement constitutes the cntire undcrstanding of the partics and supersedes any and all prior agreements and negotiations between them, There arc no representations. wlUTllllties. covenants or promises other than th<;se expressly set forth in this Agreement. .9- Oocumllnl N 1.1.l4U . 24. MODIFICATION OR WAIVER TO BE IN WRITING No modilleation or waiver of any term of this Agreell1em shall be valid unless In writinll and signed by both purties, 25. NO WAIVER OF DEFAULT The fililurc of eithcr purty to insist upon strict pcrformuncc of any tcrm of this Agreement shall in no way alli:ctthc right of such purty hcrcullcrto cnforce thc tcrm, 26, VOLlJNTAR Y EXECUTION Thc parties ucknowledgc that this Agrcement is filir and equitable. and that they have reached this Agrccmcnt frcely and voluntarily. without uny duress. undue influence. collusion or improper or illegul agreemcnts, 27. APPLICABLE LA W This Agreement shall be construcd under thc laws of the Commonwealth of Pennsylvania and more specitically under the Divorce Code of 1980, ill! amended. 28. ATTORNEYS' FEES FOR ENFORCEMENT If either party breaches any provision of this Agreement, the breaching party shall pay all reasonable legal fees and costs incurred by thc othcr in enforcing this Agreement. providing that the enforcing party is successful in establishing that a breach has occurred, 29. ACKNOWLEDGMENT OF FULL AND FAIR DISCLOSURE Each of the partics has becn advised of and is fully cognizant of his or her respective rights to f'! full and fair disclosure of the cxtent of thc assets, income. cxpectancies and liabilities of the other prior to the execution of this Agrecment. Each of the parties acknowledges that they have disclosed to the othcr. fully and fairly. the extent of the asscts. income, expectancies and liabilities - 10- Documenl II I.H48" .,... cYI' ~: ~--;;. ..:J - .~, , I,..'; (.... ~ ,.~' Ltl', ., . Cl- ~.-. ~l . . f'~' .... 'I C.I: )1 r> 1'-.' , " " .J [" , , , .-.; :JI; ;';''' 11_. rc-: ::,_1, <. J '0"\ , ) . I " " , , 'I , /lrJ 7~ , I , l.JO ~~,. 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LOUISE FET! Pla: RODNEY L. FET9 Def~ You have the claims set action. You al proceed withou entered agains against you by the plainti~ important to yc When th~ irretrievable counseling. Office of the ] 1 Courthouse Sc IF YOU DO LAWYER'S FEES YOU MAY LOSE TH YOU SHOULD NOT HAVE A LA~ OFFICE SET FORTi Cur ER, : IN THE COURT OF COMMON PLEAS .ntiff : CUMBERLAND COUNTY, PENNSYLVANIA No. ER, : CIVIL ACTION - LAW ndant : IN DIVORCE NOTICE TO DEFEND AND CLAIM RIGHTS been sued in Court· If you. wish to defend against forth in the following pages, you must take prompt e warned that if you fail to do so, the case may you and a decree of divo;?ce or annulment may be you by the court. A judgment may also be entered any other claim or relief requested in these papers if. You may lose money or ~,roperty or other rights u, including custody or visitation of your children. ground for the divorce is indignities or .reakdown of the marriage, you may request marriage list of marriage counselo:¢s is available in the ~rothonotary at the Cumberland County Court House, uare, Carlisle, PA 17013-31387. COT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY, EXPENSES BEFORE A DIVORCE OR ANNULMENT IS GRANTED, RIGHT TO CLAIM ANY OF THEM. ~AKE THIS PAPER TO YOUR LA;~ER AT ONCE. IF YOU DO 'ER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Court Administrator )erland County Courthouse, 4th Floor Carlisle, PA 17013 Telephone No. (717) 240-6200 , squire HEPFORD, SWARTz & MORGAN 111 North Front Street P.O. Box 889 Harrisburg, PA 17108-0889 (717) 234-4121 ATTORNEYS FOR PLAINTIFF H. LOUISE FET' RODNEY L. FET5 Def. who is sui jul Newville, Cumb. 2. who is sui jul Cumberland Coul Defendant, Rodn the same. 3. residents in th months immedial 4. November 26, 1_~ annulment betwee 6. p counseling and parties to partJ 7. Th of the United St ER, .ntiff 'ER, ndant IN THE COURT OF COMMON PLEAS CUMBERL~/~D COUNTY, PENNSYLVANIA NO. CIVIL ACTION - LAW IN DIVORCE COMPLAINT UNDER SECTION 3301(c) OF THE DIVORCE COD][ Plaintiff is H. Louise Fetter, an adult individual is and resides at 1805 Walnut Bottom Road, Apt. 1, ~rland County, Pennsylvania. )efendant is Rodney L. Fetter, an adult individual ms and resides at 353 Kerrsville Road, Carlisle, lty, Pennsylvania. The present whereabouts of the ey L. Fetter, to the knowledge of the Plaintiff, is ~oth Plaintiff and Defendant have been bona fide Commonwealth of Pennsylvania for at least six (6) ly previous to the filing of this Complaint. The Plaintiff and Defend[ant were married on '2, in Bedford County, Pennsylvania. lere have been no prior actions of divorce or for n the parties. -aintiff has been advised of the availability of :he right to request that the Court require the nipate in counseling. ~ Defendant is not a member of the Armed Services ltes or any of its Allies. I, the u facts stated best of my k~ I underst to the penalti falsification Dated: VERIFICATION ~dersigned, H. Louise Fetter, acknowledge that th, n the foregoing document are true and correct to th~ wledge, information and belief. ~nd that any false statements herein are made subject of 18 Pa. C.S.A. Section 4904 relating to unsworn authorities. Louise Fetter THIS AGRE[ RODNEY L. FETTE WHEREAS, Bedford County, Pen WHEREAS, consequence of whic lives; and WHEREAS, t property rights and ot and equitable distribu and/or maintenance; or the other's estate; ~ NOW, THER undertakings hereinai the parties acknowled and agree as follows: 1. SEPAl Each party sh~ the other party's intefl attempt to interfere w Document #133484 MARRIAGE SETTLEMENT AGREEMENT ~ENT, made this r~ day of ~ ,1998, by and between ~ (hereinafter "Husband") and H. LOUISE FETTER (hereinafter "Wife"), he parties are Husband and Wife, married on November 26, 1972, in ,sylvania; and nhappy differences and difficulties have arisen between the parties, in the parties intend to live separate and apart for the rest of their natural ~e parties desire to settle fully and finally their respective financial and ligations as between each other, including but not limited to the ownership :ion of real and personal property; past, present and furore support, alimony nd any and all claims which either party has, or may have, against the other ~d ~FORE, in consideration of the mutual promises, covenants and :er set forth and for other good and valuable consideration, receipt of which ge, Husband and Wife, each intending to be legally bound, hereby covenant :ATION have the right to live separate and apart from the other party, free from 'ence, authority and control. Neither party shall interfere with the other or th the other, nor compel the parties' cohabitation. 2. HUSB Except as oth¢ other that they have n other or the other's esl the other party from obligations incurred 3. WAP Except as prox and forever discharge estate from any and al marital relationship, u effective regardless of engagements or liabil exemption or similar. spouse's will, or the ri1 rights of a surviving s1 laws of Pennsylvania, country. Except for any and except for the obli other an absolute and t Document#133484 ND'S AND WIFE'S DEBTS rwise set forth in this Agreement, the parties represent and warrant to each >t incurred and will not contract or incur any debt or liability for which the ate might be responsible. Each party shall indemnify and save harmless ay and all claims or demands made against the other by reason of debts or ~ that party. ~R OF RIGHTS AND MUTUAL RELEASES ided in this Agreement, both parties absolutely and unconditionally release :ach other and their heirs, executors, administrators, assigns, property and rights, claims, demands or obligations arising out of or by virtue of the hether such claims exist now or arise in the future. This release shall be whether such claims arise out of former or future acts, contracts, :ies of the parties or by way of dower, courtesy, widow's rights, family [lowance, or under the intestate laws, or the right to take against the ht to treat a lifetime conveyance by the other as testamentary, or all other >use to participate in a deceased spouse's estate, whether arising under the my state, commonwealth or territory of the United States, or other cause of action for divorce which either party may have or claim to have, ations of the parties contained in this Agreement, each party gives to the ~conditional release and discharge from all causes of action, claims, rights -2- or demands whatsoev other. . in law or in equity, which either party ever had or now has against the 4. REAL ESTATE The parties ou n as tenants by the entireties improved real property situated at 353 Kerrsville Road, Carli In consideration of th~ (a) Agreement, make, exe and granting to Husba as the Marital Resider (b) of the existing first me Sixty-three Thousand mortgage held by Fan ($7,900.00) Dollars. restrictions of record. in any insurance polici prepaid real estate tax~ Wife from her obligati otherwise. Husband h payments due in accor Document#133484 sle, Cumberland County, Pennsylvania (hereinafter "Marital Residence"). , mutual promises of the parties, it is agreed as follows: The parties hereby agree that Wife shall, upon the date of execution of this cute and deliver all documents in the usual form conveying, transferring ad all of her right, title and interest in and to the real estate described above ce. The conveyance shall be free of all liens and encumbrances except the lien ,rtgage held by Columbia National, Inc., in the approximate amount of Fhree Hundred Four and 37/100 ($63,304.37) Dollars and the second ~ers Bank in the approximate amount of Seven Thousand Nine Hundred 'he conveyance shall be under and subject to any covenants and Wife hereby assigns to Husband any and all interest which she may have es covering the real estate, or in proceeds from such policies, or in any s. Husband agrees to use his best efforts to have the mortgagees release >ns on the notes secured by the mortgages by refinancing the mortgages or ~'reby agrees to indemnify and hold Wife harmless for any and all lance with the terms of the mortgages existing against the property and -3- agrees to assume obli connection with the ] (c) Residence, with the ~ event Wife has failed immediately take all n against the aforesaid 1c thereto. Wife shall be attorney's fees, penalt by Husband as a resul payment thereon. 5. DIVI~ (a) the Husband as of the Husband. (b) the Wife as of the date 6. MOTO (a) 1993 Ford Fl50 pickz (b) the 1995 Oldsmobile I Document #133484 [tion for any and all taxes, utilities and other expenses incurred in ,~mises. Wife warrants that there are no liens or encumbrances against the Marital :ception of the existing first and second mortgages stated above. In the o disclose a lien or encumbrance in violation of this paragraph, she shall ecessary steps in order to remove any such lien, judgment or encumbrance remises and shall indemnify and hold Husband harmless with respect responsible to and pay Husband for any costs or expenses, including es or other expense of whatever nature, whether direct or indirect, incurred of Wife's failure to remove said liens or encumbrances at any default in ON OF PERSONAL PROPERTY All household items and items of personal property in the possession of late of this Agreement shall be the sole and separate property of the adl household items and items of personal property in the possession of of this Agreement shall be the sole and separate property of the Wife. ~ VEHICLES Wife shall retain sole and exclusive possession and/or ownership of the ~ truck in her possession. tusband shall retain sole and exclusive possession and/or ownership of utlass Supreme in his possession. -4- (c) any encumbrances an, forth above. (d) tusband and Wife shall be individually responsible for the payment of [ automobile liability insurance on the vehicles which they will retain as set Both parties agree to execute, within thirty (30) days of the date of this Agreement, any and a from joint ownership 7. RETIR Any retireme entitled shall be the sc held. Each party here' hereafter acquire, und, the party's retirement~ 8. DIVI5 Husband and to their mutual satisfa~ 9. JOINT The parties ack 1 forms, titles and documents necessary to transfer the aforesaid vehicles individual ownership, as specified herein. MENT/PENSION/PROFIT SHARING BENEFITS/40 Jpension and/or profit sharing benefits/~o wtfich either party shall be le and separate property of the party in whose name the account or fund is ~y waives and relinquishes any and all rights he or she may now have or ~r the present or future laws of any jurisdiction to share in the proceeds of ,ension and/or profit sharing benefits. ON OF B^N}C ACCOSTS/3+OC ACCOCU' /ife acknowledge that all joint bank accounts have been closed or divided tion prior to the execution of this Agreement -I'}'E. 0Of'~ V nowledge that they have no debts which were jointly incurred during their marriage with the exc¢ Account (a) First m, (b) Second Document#133484 ~tion of the following: rtgage - Columbia National, Inc. mortgage - Farmers Bank -5- Approximate Balance Due $63,304.37 $ 7,9O0.00 (c) Vehicl (d) Person Any debts or those specified herei~ the party in whose n~ sole responsibility fo~ loss sustained as a re: (a) (b) (c) Wife agrees t, and agrees to indemni (a) 10. AFTE] Each of the pa all real property and a with full power to dis unmarried. Any pro!c shall have no claim to 11. LIFE Ii The parties wa claims to the cash yah Document # 133484 loan - PNC Bank, $18,000.00 al loan - Pennsylvania National Bank $ 4,000.00 bligations incurred by either party in his/her individual name, other than whether incurred before or after separation, are the sole responsibility of te the debt of obligation was incurred. Husband agrees to assume full and the payment of the following debts and agrees to indemnify Wife for any alt of his failure to do so: First mortgage. Second mortgage. Vehicle loan. assume full and sole responsibility for the payment of the following debts ~, Husband for any loss sustained as a result of her failure to do so: Personal loan - Pennsylvania National Bank. ',-ACQUIRED PROPERTY lies shall own and enjoy, independently of any claim or right of the other, 1 items of personal property, tangible or intangible, hereafter acquired, ~ose of the same as fully and effectively as though he or she were ~rty so acquired shall be owned solely by that party and the other party that property. qSURANCE [ve and relinquish any right or interest, of whatever nature, including of any life insurance policies which either may have against the other. -6- 12. SPOU Husband and' pendente lite and alia this Agreement shall ~ distribution settleme~ 13. HEAL Husband cum Enterprises, Inc. Wifi that Husband can con' law or regulation. 14. TAX h The parties ha' their marital property. standard with regard t except as may be othe way a sale or exchan Agreement fall withi will not result in the r The parties ht will be responsible for .AL SUPPORT, ALIMONY PENDENTE LITE AND ALIMONY /v'ife waive and relinquish all rights, if any, to spousal support, alimony ony. Any transfer of moneys between the parties pursuant to any term of tot constitute alimony but is made as part of the parties' equitable H INSURANCE ntly is receiving health insurance benefits through Wife's employer, Lane agrees to execute any and all forms and documents necessary to ensure inue health insurance benefits under COBRA and/or any other applicable LATTERS ,e negotiated this Agreement with the understanding and intention to divide The parties have determined that such division conforms to a right and just the rights of each party. The division of existing marital property is not, wise expressly provided herein, intended by the parties to constitute in any ;e of assets. It is understood that the property transfers described in this the provisions of section 1041 of the Internal Revenue Code, and as such :ognition of any gain or loss upon the transfer by the transferor. agreed to file a joint 1997 income tax return and Husband agrees that he te payment of any tax liability as a result thereof. -7- Document # 133484 15. COLrN Except as othe own counsel fees and ~ 16. ADVI( The parties ac independent legal advi to their legal fights an Divorce Code of 198(} Each party cot this Agreement and circumstances. The voluntarily and that ti collusion, or improper 17. AFFID Each party agr~ under the provisions ot 18. EFFEC Either party m Code, _as amended. As provided distribution, alimony, modification by the cot EL FEES AND EXPENSES 'wise specified herein, each party shall be responsible for payment of his/her :xpenses. ',E OF COUNSEL knowledge that each has received or has had the opportunity to receive ce from counsel of their selection and that they have been informed fully as ~ obligations, including all fights available to them under the Pennsylvania as amended, and other applicable laws. firms that he/she understands fully the terms, conditions, and provisions of :lieves them to be fair, just, adequate and reasonable under the existing mies further confirm that each is entering into this Agreement freely and execution of this Agreement is not the result of any duress, undue influence, Dr illegal agreement. kVITS OF CONSENT es to execute an Affidavit of Consent for the obtaining of a no-fault divorce the Divorce Code of 1980, as amended. F OF DIVORCE DECREE ON AGREEMENT ty enforce this Agreement as provided in section 3105(a) of the Divorce section 3105(c), provisions of this Agreement regarding equitable imony pendente lite, counsel fees or expenses shall no~t be subject to rt. -8- Document#133484 19. DATE The "date of e the date upon which Otherwise, the "date e which the last party 20. HEAD The descriptiv the meaning, construc 21. SEVEI Each separate agreement. If any tex declared to be void provision shall be str valid and continue in f 22. AGRE This Agreeme: respective heirs, execu 23. 1NTE( This Agreeme~ all prior agreements covenants or promise,, Document #133484 )F EXECUTION ~ecution", "date of this agreement" or "execution date" of this Agreement is it is signed by the parties if they sign the Agreement on the same date. ~ execution", "date of this agreement" or "execution date" shall be the date on ned this Agreement. NGS NOT PART OF AGREEMENT ,~ headings preceding the paragraphs are for convenience and shall not affect ion or effect of this Agreement. ',ABILITY AND INDEPENDENT AND SEPARATE COVENANTS obligation shall be deemed to be a separate and independent covenant and aa, condition, clause or provision of this Agreement shall be determined or ~r invalid in law or otherwise, then only that term, condition, clause or :ken from this Agreement and in all other respects this Agreement shall be ~11 force, effect and operation. :~MENT B1NDING ON HEIRS shall be binding on and shall ensure to the benefit of the parties and their ~rs, administrators, successors, and assigns. RATION tt constitutes the entire understanding of the parties and supersedes any and nd negotiations between them. There are no representations, warranties, ~ther than those expressly set forth in this Agreement. -9- 24. MOD[ No modificati~ and signed by both pm 25. NO W, The failure of shall in no way affect t 26. VOLI The parties reached this Agreeme: improper or illegal agr, 27. APPLII This AgreemeJ and more specifically t 28. ATTOt If either party 1 reasonable legal fees m enforcing party is succ~ 29. ACKNt Each of the par to a full and fair discl other prior to the exe¢ disclosed to the other,: iCATION OR WAIVER TO BE IN WRITING ~n or waiver of any term of this Agreement shall be valid unless in writing ties. LIVER OF DEFAULT tither party to insist upon strict performance of any term of this Agreement ae fight of such party hereafter to enforce the term. qTARY EXECUTION mowledge that this Agreement is fair and equitable, and that they have freely and voluntarily, without any duress, undue influence, collusion or ~ments. 2ABLE LAW it shall be construed under the laws of the Commonwealth of Pennsylvania nder the Divorce Code of 1980, as amended. 2qEYS' FEES FOR ENFORCEMENT ~reaches any provision of this Agreement, the breaching party shall pay all .d costs incurred by the other in enforcing this Agreement, providing that the ..ssful in establishingthat a breach has occurred. )WLEDGMENTOF FULL AND FAIR DISCLOSURE :ies has been advised of and is fully cognizant of his or her respective fights ,sure of the extent of the assets, income, expectancies and liabilities of the ~tion of this Agreement. Each of the parties acknowledges that they have hlly and fairly, the extent of the assets, income, expectancies and liabilities -10- Document#133484 which each of them h and fairly disclose the have a right to set asid upon the absence of st 1N WITNESS written above. WITNESS: Document # 133484 Both parties acknowledge that, should either of them have failed to fully extent of the assets, income, expectancies and liabilities, the other party may ~ the Agreement, to defend against its enfomement or a portion thereof based ch a disclosure by the other party. tHEREOF, the parties have set their hands and seals the day and year first H. LouisetFetter -11- COMMONWEALTH COUNTY OF On this, the ~/4 personally appeared whose name is subscr that he executed the 1N WITNESS COMMONWEALTH COUNTY OF On this, the personally appeared whose name is subscr that she executed the 1N WITNESS Document # 133484 )F PENNSYLVANIA SS .day of ~ ~}/ ,1998, before me, the undersigned officer, odney L. Fetter known to me or satisfactorily proven to be the person bed to in the foregoing Marital Settlement Agreement, and acknowledge ane for the purposes therein contained. ;HEREOF, I hereunto set my hand and official seal. My'Cofi~mis~on Expires: OF PENNSYLVANIA SS day of /t\~c i \ , 1998, before me, the undersigned officer, Louise Fetter known to me or satisfactorily proven to be the person ~ed to in the foregoing Marital Settlement Agreement, and acknowledge ame for the purposes therein contained. tHEREOF, I hereunto set my hand and official seal. My Qornn~ssion Expires LOUISE FETTE Plain RODNEY L. FETTE Defen 1. A COT Divorce Code wa 2. The m broken and nin filing and serb 3. I con service of not~ I verify and correct. subject to the unsworn falsifJ Date: 2, : IN THE COURT OF COMMON PLEAS ~iff : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 97-5262 : CIVIL ACTION -- LAW ~ant : IN DIVORCE AFFIDAVIT OF CONSENT ~laint in Divorce under Section 3301(c) of the filed on Septer~ber 25, 1997. rriage of Plaintiff and Defendant is irretrievably ~ty (90) days have elapsed from the date of the ice of the Complaint. sent to the entry of a final decree in divorce after ce of intention to request .entry of the decree. hat the statements made in this affidavit are true understand that false statements herein are made penalties of 18 Pa.C.S. Section 4904 relating to cation to authorities. H. Louise Fetter H. LOUISE FETTER RODNEY L. FETTE] 1. A corn September 25, 1997, a 2. The ma elapsed from the date c 3. I conse: to request entry of the ~ I verify that the statements herein are falsificationto authorit Document # 128606 Plaintiff Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : : NO. 97-5262 CIVIL : : CIVIL ACTION - LAW : IN DIVORCE AFFIDAVIT OF CONSENT [aim in divorce under Section 3301(c) of the Divorce Code was filed on td served upon Defendant on or about October 7, 1997. :riage of plaintiff and defendant is irretrievably broken and ninety days have f filing and service of the Complaint. it to the entry of a final decree of divorce after service of notice of intention [ecree. statements made in this affidavit are true and correct. I understand that false made subject to the penalties of 18 Pa.C.S. § 4904 relating to unswom es. H. LOUISE FETTE Plain Vo RODNEY L. FETTE Defen WA~ ENTRY without notice 2. alimony, divis not claim them 3. divorce decree decree will be prothonotary. I verify and correct. subject to th~ unsworn falsifz Date: ~, : IN THE COURT OF COMMON PLEAS ~iff : CUMBERLD/~D COUNTY, PENq~SYLVA_NIA NO. 97-5262 [, : CIVIL ACTION - LAW ~ant : IN DIVORCE ~VIZR OF NOTICE OF INTENTION TO REQUEST OF A DIVORCE DECREE UNDER SECTION 3301(c) OF THE DIVORCE CODE consent to the entry of a final decree of divorce understand that I may lose rights concerning ~n of property, lawyer's fees or expenses if I do before a divorce is granted. I understand that I will not be divorced until a is entered by the Court and that a copy of the sent to me immediately after it is filed with the hat the statements made in this affidavit are true understand that false sta~zements herein are made penalties of 18 Pa.C.S. Section 4904 relating to cation to authorities. H. Louise Fetter iI *l H. LOUISE FETTER. RODNEY L. FETTE Plaimiff ENTRY C 1. I conse: 2. I unde: lawyer's fees or expem 3. I under and that a copy of the ~ I verify that tl~ false statements hereix falsificationto authori~ Document # 128611 Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND' COUNTY, PENNSYLVANIA NO. 97-5262 CIVIL CIVIL ACTION - LAW IN DIVORCE IVER OF NOTICE OF INTENTION TO REQUEST F A DIVORCE UNDER § 3301(c) OF THE DIVORCE CODE n to the entry of a final decree of divorce ,without notice. stand that I may lose rights concerning alimony, division of property, es ifI do not claim them before a divorce is granted. ;tand that I will not be divorced until a divorce decree is entered by the Court .ecree will be sero to me immediately after it is filed with the Prothonotary. : statements made in this Affidavit are tree and correct. I understand that are made subject to the penalties of 18 Pa.C.S. § 4904 relating to unswom [es. H. LOUISE RODNEY L. COMMONWEAL' COUNTY OF AND N, personally ~ aforesaid C~ Sandra L. M~ and says th~ of a Compla: (restricted Fetter, and indicated b Sworn to an( before me t~ of 0 tober, (SE~) l~ Memt ETTER, Plaintiff ETTER, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVAN NO. 97-5262 CIVIL ACTION - LAW IN DIVORCE AFFIDAVIT OF SERVICE OF PENNSYLVANIA ) ) SS: ~PHIN ) )W, this 9th day of October, Shaun M. Kovach, ~ppeared before me, a Notary Public in and for the )mmonwealth and County, Shaun M. Kovach, secretary t ~ilton, who being duly sworn according to law, depo~ ~t on September 23, 1997, she mailed a certified coi .nt in Divorce, by certified mail no. P 016 240 475 delivery), return receipt requested, to Rodney L. the same was received by him on October 8, 1997 as the return receipt card which is attached hereto. ~haun M. Kovach subscribed is 9th day 1997. Public Notarial Seal berf¥ A. Stevens, Notary Public 'tamsburg Dauph n County )remiss on Expires April 29, 2000 Pennsylvania Assocmtion of Notaries IA o es Y P 016 240 475 Receipt for Certified Mail No Insurance Coverage Provided ,~,~--M~ Do not use for International Mail (See Reverse) s"""~odney L. Fetter 353 Kerrsville Rd P.O., state and~ ZI,P Co~e Car£1s-e, PA 17013 Certified Fee SPecial Deliv~-¥ Fee & Fees Postmark or Date I. /0 LOUISE FET! Plainti~ RODNEY L. FET~ Defenda~ To the Prothoi Transmit to the court 1. Section 3301 2. October 8, 19~ 3. Waiver of Not] 5. to file praeci if the decree Divorce Code. !ER, : IN THE COURT OF COMMON PLEAS !f : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 97-5262 CIVIL : : CIVIL ACTION -- LAW 'ER, : ~t : IN DIVORCE PRAECIPE TO TRANSMIT RECORD .otary: the record, together with the following information or entry of a divorce decree: Ground for divorce: irretrievable breakdown unde~ of the Divorce Code. )ate and manner of service of the complaint 7, certified mail. Date of execution of the Affidavit of Consent an( ce required by Section 3301(c) of the Divorce Code: by plaintiff: April 28, 1998; by defendant: May 7, 1998. Related claims pending: None. Date and manner of service of the notice of intention )e to transmit record, a copy of which is attached, _s to be entered under Section 3301(d) (1) (i) of the Not applicable Sandra L. Meil~on, Attorney for Plaintiff IN THE O OF COMMON CO U N TY :OURT CUMBERLAND ~TATE OF ~ H. LOUISE FETTER RODNEY L. FETTER PENNA. DECREE IN DIVORCE The court r been raised of r, been entered; AND IT IS covenants..set..f.( made and entere( £nto' '~hi!3' 'Deer~ Decree. PLEAS e( ANDNOW,. ..~.;...']...~1 ............... 19.?.8 .... it is ordered and decreed that ..., ...... .H....L..O?.Z.S.E...F.E.T.T..E.R. .................... plaintiff, a..I RODNEY L. FETTER ............... , ............................................ , defendant, are divorced fror the bonds of matrimony. tains jurisdiction of the following claims which have :cord in this action for which a final order has not yet [one. FURTHER ORDERED, that the terms, conditions and ~rth..iN. t.he. wr.it-ten..Mar.r, iage. ~ett.l. emen.t..Agreement [ into by the parties on May 7, 1998, are incorporat i' by' '~ f~h~' '~h~O;' 'D~t' h'd~' m'e'~' '£fi%b' '~hi~