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HomeMy WebLinkAbout01-5746GEORGE E. TURNBULL, Plaintiff vs. JULIANA P. TURNBULL, Defendant IN THE COURT OF COMMON .PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA No. o,- CIVIL ACTION - LAW IN DIVORCE NOTICE TO DEFEND AND CLAIM RIGHTS You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take prompt action. You are warned that if you fail to do so, the case 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, 1 Courthouse Square, Carlisle, PA 17013. IF YOU DO NOT WISH TO 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 HELP. CUMBERLAND COUNTY BAR ASSOCIATION 2 Liberty Avenue Carlisle, PA 17013 (717) 249-3166 GEORGE E. TURNBULL, Plaintiff vs. JULIANA P. TURNBULL, Defendant IN THE COURT OF COMMON. PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. O,-- C,o L CIVIL ACTION - LAW IN DIVORCE COMPLAINT IN DIVORCE UNDER SECTION 3301(c) OF THE DIVORCE CODE AND NOW COMES the above-named Plaintiff, by Melanie L. Erb, Esquire and the law firm of SERRATELLI, SCHIFFMAN, BROWN & CALHOON, P.C., and seeks to obtain a Decree in Divorce from the above-named Defendant, upon the grounds hereinafter more fully set forth: COUNT I DIVORCE 1. Plaintiff is George E. Turnbull, who currently resides at 6 Lewisberry Road, Lot 10, New Cumberland, Cumberland County, Pennsylvania 17070 since July 2000. Plaintiff's Social Security Number is 179-54-6518. 2. Defendant is Juliana P. at 511 Lenker Place, Harrisburg, Turnbull, who currently resides Dauphin County, Pennsylvania 17111 since 1984. Defendant's Social Security Number is 166-46- 3321. 3. Plaintiff has been a bona fide resident in the Commonwealth for at least six months immediately previous to the filing of this Complaint. 4. The Plaintiff and Defendant were married on January 14, 1984, in Dauphin County, Pennsylvania. 5. The Plaintiff has been advised of the availability of counseling and that he may have the right to request that the Court require the parties to participate in counseling. 6. There have been no prior actions of divorce or for annulment between the parties. 7. The marriage is irretrievably broken. 8. The Defendant is not a member of the Armed Services of the United States or any of its allies. 9. The Plaintiff and Defendant are both citizens of the United States. 10. Plaintiff avers that there are two children of the ~ parties under the age of 18, namely Christopher Ryan Turnbull, born December 2, 1992. WHEREFORE, 1985; and Maria Nicole Turnbull, born January 2, the Plaintiff prays your Honorable Court to enter a Decree in Divorce from the bonds of matrimony. Respectfully submitted, Me~a~ L. Erb, Esquire SERRATELLI, SCHIFFMAN, BROWN & CALHOON, P.C. 2080 Linglestown Road Suite 201 Harrisburg, PA 17110 (717) 540-9170 ATTORNEY FOR PLAINTIFF Dated: October 2, 2001 VERIFICATION I verify that the statement made in Divorce are true and correct. I understand that false statements herein are made subject to the penalties of 18 C.S. Section 4904, relating to unsworn falsification to authorities. Date: in the foregoing Complaint Pa. ~ Ge~-~ge B~. Turnbull VITAL RECOROS CUMBERLAND SSN: 179-54-6518 RECORD OF DIVORCE OR ANNULMENT [] {CHECK ONE) [] HUSBAND GEORGE E. TURNBULL 6 Lewisberry Rd., Lot #10, New Cumberland, Cumberland, PA 12 03 -58 Pennsylvania SSN: I 66-46-3321 WIFE PENNA JULIANA P. TURNBULL 51i Lenker Placer Harrisburgr Dauphin Co.r PA ~,A..,~.SE Dauphin Pennsylvania Funeral Assistant 04 - 28 -58 Pennsylvania Registered Nurse ' ~..,~s~ 01 14 - 84 Irretrievable breakdown GEORGE E. TURNBUT,T ~ Plainfi~' Vm JUt JANA P. TURNBU~ J.~ Defendant :IN THE COURT OF COMMON : CUMB~ COUNTY, PENNSYLVANIA NO. 01-574~ Civil T~rm CIVIL ACTION- DIVORCE ACCEPTANCE OF SERVICE I, Nora F. Blair, am the Attorney for the Defendant, Juliana P. Turnbull, in the above-captioned matter. In that capacity, I have been authorized to and have accepted service of the Complaint in Divorce, as of this the ~.~z day of t/~ ,'~ , 9.001. No~ F. Blair Attorney for Defendant Supreme Court ID 45513 5440 Jonestown Road Post Office Box 6216 Harrisburg, PA 17112-0216 (717) 541-1428 GEORGE E. TURNBULL, Plaintiff vs. JULIANA P. TURNBULL, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 01-5746 CIVIL TERM CIVIL ACTION - LAW IN DIVORCE AFFIDAVIT OF CONSENT AND WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER 3301(C) OF THE DIVORCE CODE (1) (2) (3) (4) (5) A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed on October 3, 2001. The marriage of Plaintiff and Defendant is irretrievably broken and ninety (90) days have elapsed from the date of filing and service of the Complaint. I consent to the entry of a final decree of divorce without formal notice of the intention to request entry of a divorce decree. 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. 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. Sec. 4904 relating to unsworn falsification to authorities. DATED '-Geo~e,~A~. Turnbull GEORGE E. JUL IANA P. TURN-BULL, : Plaintiff : VS. : TLIRNBULL, : Defendant : IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 01-5746 CIVIL TERM CIVIL ACTION - LAW IN DIVORCE AFFIDAVIT OF CONSENT AND WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER 3301(C) OF THE DIVORCE COD~ (1) (2) (3) (4) (5) A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed on October 3, 2001. The marriage of Plaintiff and Defendant broken and ninety (90) days have elapsed filing and service of the Complaint. is irretrievably from the date of I consent to the entry of a final decree of divorce without formal notice of the intention to request entry of a divorce decree. 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. 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. Sec. 4904 relating to unsworn falsification to authorities. lia~a P. Tur~bul'lr MA I AT, SETTLEMENT AGREEMENT AGREEMENT, made this~'~'~ day of 2001, by and between GEORGE E. TURNBULL, hereinafter referred to as "Husband", and JULIANA P. TURNBULL, hereinafter referred to as "Wife". WITNESSETH: WHEREAS, the parties hereto are Husband and Wife, having been married on January 14, 1984; WHEREAS, the parties hereto separated on or about January 6, 2000; WI4E. R.EAS, there were two children born during this marriage, Christopher R. Turnbull, born December 2, 1985; and Maria N. Turnbull, born January 2, 1992; and WHEREAS, diverse unhappy differences, disputes and difficulties have arisen between the parties, and it is the intention of Husband and Wife to live separate and apart for the rest of their natural lives, and the parties hereto are desirous of settling fully and finally their respective financial and property rights and obligations as between each other, including, without limitation by specification: the settling of all matters between them relating to the ownership of real and personal property, the equitable distribution of such property; the settling of ail matters between them relating to the past, present and future support and/or maintenance of Wife by Husband or of Husband by Wife; the settling of all matters between them relating to the parties' minor children including custody, visitation and support; and, in general, the settling of any and ail claims and possible claims by one against the other or against their respective estates. NOW, THEREFORE, in consideration of the premises and of the mutuai promises, covenants and undertakings hereinafter set forth and for other good and valuable considerations, receipt of which is hereby acknowledged by each of the parties hereto, Husband and Wife, each intending to be legaily bound hereby, covenant and agree as follows: AGRE~,MENT NOT A BAR TO DIVORCE PROCEEDINGS. This Agreement shail not be considered to affect or bar the fight of Husband or Wife to a divorce on lawful grounds if such grounds now exist or shall hereafter exist or to such defense as may be available to either party. This Agreement is not intended to condone and shail not be deemed a condonation on the part of either party hereto of any act or acts on the part of the other party which have occurred prior to or which may occur subsequent to the date hereof. EFFECT OF DIVORCE DECRF~F~ 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. It is the intent of the parties hereto that this Agreement shall create contractual rights and obligations entirely independent of any Court Order and that this Agreement may be enforced by contract remedies in addition to any other remedies which may be available pursuant to the terms of this Agreement or otherwise under law or equity. AGREF_2~NT TO BE INCORPORATED INTO DIVORCE DECREE. The parties agree that the terms of this Agreement shall be incorporated, but not merged, into any divorce decree which may be entered with respect to them. The parties further agree that the Court of Common Pleas which may enter such divorce decree shall retain continuing jurisdiction over the parties and the subject matter of this Agreement for the purpose of enforcement of any of the provisions thereof. DATE OF EXECUTION. The "date of execution" or "execution date" of this Agreement shall be defined as the date upon which it is executed by the parties if they have each executed this 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. ADVICE OF COUNSEL. The provisions of this Agreement and their legal effect have been fully explained to Wife by her attorney, Nora F. Blair, Esquire. The provisions of this Agrec~ment and their legal effect have been fully explained to Husband by his attorney, Melanie L. Erb, Esquire. The parties acknowledge that they fully understand the facts and have been fully informed as to their legal rights and obligations, and they acknowledge and accept that this Agreement is, in the circumstance, 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 agrccment or agreements. The parties further acknowledge that they have each made to the other a full and complete disclosure of their respective assets, estate, liabilities, and sources of income and that they waive any specific enumeration thereof for the purposes of this Agreement. Each party agrees that he and she shall not, at any future time, raise as a defense or otherwise the lack of such disclosure in any legal proceeding involving this Agreement, with the exception of disclosure that may have been fraudulently withheld. The parties further acknowledge that as a part of the settlement negotiations between the parties, each party has disclosed to the other party all assets owned by the disclosing party having a value in excess of five hundred 4 o dollars ($500.00) and further that neither party has failed to disclose assets having a total value of more than two thousand dollars ($2,000.00). PERSONAL RIGHTS. Husband and Wife, at all times hereafter, may and shall 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 or places 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. Husband and Wife shall not molest, harass, disturb or malign each other or the respective families of each other or compel or attempt to compel the other to cohabit or dwell, by any means or in any manner whatsoever, with him or her. SUBSEQUENT RECONCILIATION. The parties agree that the terms of this Agreement shall not be affected by their subsequent cohabitation or resumption of marital relations, unless the parties otherwise specifically agree in writing. lVIUTUAL B.EI.EASES. Husband and Wife each do hereby mutually remise, release, quitclaim and forever discharge the other and the estate of the other, for all time to come, and for ali purposes whatsoever, of and from any and all rights, title and interests, 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 whatever nature or wheresoever situate, which he or she now has or at any time hereafter may have against the other, the estate of the other or any part thereof, whether arising out of any former acts, contracts, engagements or liabilities of the other or 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 Pennsylvania, any State, Commonwealth or territory of the United States, or any other country, or any rights which either party may have or at any time hereafter shall have for past, present or future support or maintenance, alimony, alimony pendente lite, counsel fees, property division, costs or expenses, whether arising as a result of the marital relation or otherwise, 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 the execution of this Agreement a full, complete and general release with respect to any and ail property of any kind or nature, real, personal or mixed, which the other now owns or may hereafter acquire, except and only except all rights and agreements and 10. obligations of whatsoever nature arising or which may arise under this Agreement or for the breach of any provision thereof. It is further agreed that this Agreement shall be and constitute a full and final resolution of any and all claims which each of the parties may have against the other for equitable division of property, alimony, counsel fees and expenses, alimony pendente lite or any other claims pursuant to the Pennsylvania Divorce Code or the divorce laws of any other jurisdiction. BANK ACCOUNTS AND RETIREMENT ACCOUNTS. Husband and Wife are the owners of individual bank accounts, retirement accounts, pensions, employee savings plans and stock bonus plans. Husband and Wife agree that all accounts and plans shall be the sole and separate property of the person in whose name they are titled and each party waives any right, title or interest they may have in the other party's accounts or plans. Specifically Husband's Retirement Account with Merrill Lynch Pierce, Fenner & Smith Inc. shall be Husband's sole and separate property and Wife's Holy Spirit Hospital Retirement Program, Holy Spirit Hospital 401(k) Plan, Holy Spirit Hospital 403(b) Plan, and Individual Retirement Account with AIM Funds shall be Wife's sole and separate property. Both parties agree to execute any documents necessary to effectuate this paragraph. PERSONAL PROPERTY. Husband and Wife have accumulated various tangible personal property including, but without limitation, jewelry, clothes, furniture, furnishings, rugs, carpets, household equipment and appliances, pictures, books, works of art and other personal property. The parties have divided their personal property to the satisfaction of both parties. Husband shall receive the curio cabinet and the camcorder that are currently at the marital residence and all property currently in his possession as his sole and separate property. Wife shall retain all property at the marital residence, except the curio cabinet and the camcorder, as her sole and separate property. Each party shall retain as their sole and separate property their clothing, jewelry and other items of personalty. The parties do hereby specifically waive, release, renounce and forever abandon whatever claim, if any, he or she may have with respect to items which shall become the sole and separate property of the other. 11. AFTER-ACQUIRED PERSONAl, PROPERTY. Each of the parties shall hereafter own and enjoy, independently of any claim or right of the other, all 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 unmarried. Further each of the parties waives and relinquishes any right, title and interest which either may have in such property acquired by the other party since separation. Should it become necessary for either party to execute any titles, deeds or similar documents to give effect to this paragraph, it shall be done immediately upon the request of the other party. ~.~ ~ / 8 . 12. REAL ESTATE. The parties are the owners of a house located at 511 Lenker Place, Swatara Township, Dauphin County, Pennsylvania. Wife shall retain said real estate as her sole and separate property. Simultaneously with signing this Agreement, Husband shall execute a deed transferring his interest in said real estate to Wife. Wife shall be solely responsible for the payment of the mortgage, home equity loan and all other expenses associated with said real estate as of the date Husband moved out of said real estate. Wife agrees to indemnify and hold Husband harmless for and against any and all claims arising out of Wife's failure to make payments as specified in this paragraph. Wife agrees to remove Husband from liability on the mortgage with Sun Trust within one year of the date of this Agreement. Each party agrees to execute all documents necessary to implement this paragraph. Wife shall claim the house for tax purposes for 2001 and subsequent years. 13. AUTOMOBILES. The parties are the owners of two automobiles. The 1996 Saturn shall be Wife's sole and separate property. Wife shall be solely responsible for the payment of any loan on her vehicle. Wife agrees to indemnify and hold Husband harmless for and against any and all claims arising out of Wife's failure to make payments as specified in this paragraph. The Ford Fl50 truck shall be Husband's sole and separate property. Husband shall be solely responsible for the payment of any loan on his vehicle. Husband agrees to indemnify and hold Wife harmless for and against any and ail claims arising out of Husband's failure to make payments as specified in this paragraph. Each party agrees to execute ail documents necessary to implement this paragraph. 14. LIFE INSURANCE. The parties are the owners of various life insurance policies. The life insurance policies shall be the sole and separate property of the insured. Husband and Wife each agree to retain each other, their children or a trust for the benefit of their children as the beneficiaries of their life insurance policies with a face value equal to or exceeding that currently in existence until all of the parties' children are twenty-two (22) years of age. Further the parties agree that if the face value of the party's life insurance policies does not total Fifty Thousand Dollars ($50,000.00), the party will name the other party, the parties' children, or a trust for the benefit of the parties' children as the beneficiary of the death benefit of the party's 401(k), 403(b), Individual Retirement Account (IRA), other retirement or pension account, or other assets of the party's estate to reach a total death benefit for the parties' children of Fifty Thousand Dollars ($50,000.00) until ail of the children are twenty-two (22) years of age. 15. CURRENT LIABILITIES. The parties have accumulated various debt during the marriage. Wife shall be solely responsible for the payment of any and all debt that is in her name. Husband shall be solelY responsible 10 17. 18. for payment of any and all debt that is in his name. If either party incurs any debt on a credit card titled to both parties after the date of the parties' separation, the party making the charge shall be solely responsible for payment of the charge amount and any accumulated interest. Each party agrees to indemnify and hold the other party harmless for and against any and all claims arising out of the party's failure to make payments as specified. TAX CONSEQUENCES: The parties believe and agree, and have been so advised by their respective attorneys, if any, that the division of property heretofore made in this Agreement is a non-taxable division of property between co-owners rather than a taxable sale or exchange of such property. Neither party will take any positions, on his or her federal or state income tax returns, with respect to the adjusted basis of the property assigned to him or her, or with respect to any other issue, which is inconsistent with the position set forth in this Agreement. TAX RETURNS. The parties agree that in the event any deficiency in federal, state or local income tax is proposed or any assessment of any such tax is made against either party in connection with the filing of a joint federal, state or local income tax return for prior years, the parties shall equally share any loss or liability in connection with such tax deficiency, including counsel fees and such tax, interest, penalty or expense associated therewith, unless and only unless said tax, interest, penalty or expense is finally determined to be attributable to misrepresentations or failure to disclose the nature and extent of either party's separate income on joint returns, in which case any and all liability, cost or expense shall be the sole responsibility of the party responsible for the misrepresentation or failure to disclose the nature and extent of separate income. 19. WAIVER OF PAYlV~NT OF I,I~AL FEES. Wife shall be solely responsible for payment of her legal fees. Husband shall be solely responsible for payment of his legal fees. Each party waives the right to have the other party pay any of their legal fecs or costs. 20. ALIMONY AND ALIMONY PENDENTE LITE. Wife and Husband do hereby waive, release and give up any rights they may respectfully have against the other for any alimony, support or maintenance. It shall be, from the execution of this Agreement, the sole responsibility of each of the respective parties to sustain themselves without seeking any additional support from the other party. The parties agree that the terms of this Agreement provide for payment by one spouse for or on behalf of the other spouse and that such payments are necessary for the support and maintenance of the other spouse. 21. WAIVER OF BENEFICIARY DESIGNATIONS. Unless otherwise specifically set forth in this Agreement, each party hereto specifically 22. waives any and ail beneficiary rights and any and ail rights as a surviving spouse in and to any asset, benefit or like program carrying a beneficiary designation which belongs to the other party under the terms of this Agreement, including, but not limited to pensions and retirement plans of any sort or nature, deferred compensation plans, life insurance policies, annuities, stock accounts, bank accounts, finai pay checks or any other post-death distribution scheme. The parties by the terms of this Agreement specificaily waive the rights of spouse beneficiaries established by federal or state statute including ERISA. Each party expressly states that it is his or her intention to revoke by the terms of this Agreement any beneficiary designations naming the other party which are in effect as of the date of execution of this Agreement. If the other party continues to be named as beneficiary and no aiternate beneficiary is otherwise designated, the beneficiary shail be deemed to be the estate of the deceased party. Not withstanding the foregoing, however, in the event that either party hereto specificaily designates the other party as a beneficiary after the date of execution of this Agreement, then this waiver provision shall not bar that party from qualifying as such beneficiary. CHILD CUSTODY. The p~ies plan to enter into a Stipulation for Custody setting forth the terms of their current custody arrangement. Either of the parties may file the Stipulation for entry as a court order. 23. CHILD SUPPORT. The parties have entered into an Agreed Upon Order of Support which has been or will be flied with the Dauphin County office of domestic relations for entry as a court order. 24. MUTUAL CONSENT DIVORCE. The parties agree and acknowledge that their marriage is irretrievably broken, that they do not desire marital counseling, and that a complaint in divorce shall be filed by Husband. The parties agree to have the divorce decree entered in that case pursuant to Section 3301(c) of the Pennsylvania Divorce Code, Act 26 of 1980, as may be amended (herein referred to as the Code). Accordingly, both parties agree to execute such stipulations, consents, affidavits, or other documents and to direct their respective attorneys to forthwith file such stipulations, consents, affidavits, or other documents as may be necessary to proceed to obtain a divorce pursuant to said Section 3301(c) of The Code. Upon request, to the extent permitted by law and the applicable Rules of Civil Procedure, the named defendant in such divorce action shall execute any waivers of notice or other waivers necessary to expedite such divorce. 25. WARRANTY AS TO EXISTING OBLIGATIONS. Each party represents that they have not heretofore incurred or contracted for any debt or liability or obligations 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 for and against any and all 26. 27. 28. such debts, liabilities 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. WARRANTY AS TO FLrruRE OBLIGATIONS. Husband and Wife each covenant, warrant, represent and agree that, with the exception of obligations set forth in this Agreement, neither of them shall hereafter incur any liability whatsoever for which the estate of the other may be liable. Each party shall indemnify and hold harmless the other party for and against any and 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. WAIVER OR MODIFICATION TO BE IN WRITING. No modification or waiver of any of the te,-i,.s 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. MUTUAL COOPEP~TION. Each party shall, at any time and from time to time hereafter, take any and all steps and execute, acknowledge and deliver to the other party any and all further instruments and/or documents that the other party may reasonably require for the purpose of giving full force and effect to the provisions of this Agreement. 29. LAWS OF PENNSYLVANIA APPLICABLE. construed in accordance with the laws Pennsylvania which Agreement. This Agreement shall be of the Commonwealth of are in effect as of the date of execution of this 30. AGRF. P. MENT BINDING HEIRS. This Agreement shall be binding and shall inure to the benefit of the parties hereto and their respective heirs, executors, administrators, successors and assigns. 31. OTHER DOCUM~,NTATION. Husband and Wife covenant and agree that they will forthwith (and within no more than ten (10) days after demand therefor) execute any and all written instruments, assignments, releases, satisfactions, deeds, notes or such other writings as may be necessary or desirable for the proper effectuation of this Agreement and make any transfers of property required to be made by this Agreement within ten (10) days of a request to do such. 32. NO WAIVER OF D~.PAULT. This Agreement shall remain in full force and effect 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 default or breach of any provision hereof be construed as a waiver of any subsequent default or breach of the same or similar nature, nor shall it be construed as a waiver of strict performance of any other obligations herein. 16 33. F, NFORCEM~.NT OFAGRF..F. MENT. If either party breaches any provision of this Agrccment, the other party shall have the right, at his or her election, to sue for damages for such breach or to require specific performance. The party breaching this Agreement shall be responsible for payment of legal fees and costs incurred by the other party in enforcing their rights under this Agreement or for seeking such other remedies of relief as may be available to him or her. 34. 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 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 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. 35. HEADINGS NOT PART OF AGREEM~.NT. 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. IN WITNESS WHEREOF, the parties hereto have set their hands and seals the day and year first above written. WITNESS GEOI~GE E. TuRNBuLL COMMONWEALTH OF PENNSYLVANIA : :SS. COUNTY OF DAUPHIN : On this, the ,/~' day of / 7.,,~., / ,2001, before me a Notary Public of the Commonwealth of Pennsylvania personally appeared JULIANA P. TURNBULL, 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. IN WITNESS WHEREOF, I have hereunto set my hand and official seal. ',.. ower Paxton Tv/,)., Dauphin Count, Notarial Seal Nora F. Blair, Notaly Public COMMONWEALTH OF PENNSYLVANIA : :SS. COUNTY OF DAUPHIN : Onthis, the q4//~ dayof ~/~L(~ ,2001, beforeme, aNotary Public for the Commonwealth of Pennsylvania, personally appeared GEORGE E. TURNBULL, known to me to be the person whose name is subscribed to the within Agrcc~ment, and acknowledged that he executed the same for the purposes therein contained. IN WITNESS WHEREOF, I have hereunto set my hand and official seal. Lisa Coflway, Notary Pul~Jc . .~u..sque~. n.a TV.~o., Dauphin County t;omm~sslon Expires Mar. 24, 2003 Notary Public GEORGE E. TURNBULL, Plaintiff v JULIANA p. TURN-BULL, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 01-5746 CIVIL TERM CIVIL ACTION - LAW IN DIVORCE 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: 3301(c) of the Divorce Code. 2. Date and manner of service of the complaint: Accepted by Plaintiff's Counsel, Nora Blair, 10/5/01 3. Date of execution of the affidavit of consent required by Section 3301(c) of the Divorce Code: by Plaintiff 01/21/02; by Defendant 01/16/02 4. Related claims pending: None. 5. Date plaintiff,s Waiver of Notice in §3301(c) Divorce was filed with the Prothonotary: 01/23/02 ; Date defendant,s Waiver of Notice in §3301(c) Divorce was filed with the Prothonotary: 01/23/02 Dated: ' l~ni~ L. Erb, Esquire SERRATELLI, SCHIFFMAN, BROWN & CALHOON, P.C. 2080 Linglestown Road Suite 201 Harrisburg, PA 17110 (717) 540-9170 Attorney for Plaintiff SERRATELLI, SCHIFFMAN, BROWN & CALHOON, P.C. SUITE 201 2080 LINGI.ESTOWN R{~AD H~RPdSBUR~; PA 17110-9670 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY STATE OF .~. PENNa. E. TI/RN-BULL, P~A T ~T t FF VERSUS JULIANA P. TURNBULL, DEFENDANT NO. 01-5746 CIVIL TERM DECree in DIVORCE AND NOW, DECREED THAT GEORGE E. TURNBULL , PLAINTIFF, AND ,Tl~,TANA p. TLI~N-RULL ,DEFENDANT, ARE DIVORCED FROM THE BONDS OF MATRI~40~. marital settlement agreement executed by the parties on August 9, 2001, zs zncorporated herein for purposes of enforcement only but otherwise shall not be merged into said decree. THE COURT RETAINS JURiSDiCTION OF THE FOLLOWING CLAIMS WHICH HAVE BEEN RAISED Of RECORD IN This ACTION for WHICh a final ORDER has NOT Yet been ENTERED; NONE ATTeS~ PROTHONOTARY