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HomeMy WebLinkAbout03-0361RYAN E. TITTLE, Vo AMBER D. TITTLE, Plaintiff Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : : CIVIL ACTION - LAW : NO. 0 9- .3~ I CIVIL TERM : 1N DIVORCE NOTICE TO DEFEND AND CLAIM RIGHTS You have been sued in Court. If you wish to defend against the claims set forth in the following pages, you must take prompt action. You are warned that if you fail to do so, the case will proceed without you and a decree of divorce or annulment may be entered against you for any 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 divome is indignities or irretrievable breakdown of the marriage, you may request marriage counseling. A list of marriage counselors is available in the Office of the Prothonotary at Cumberland County Pennsylvania, 17013. IF YOU DO NOT FILE A CLAIM Courthouse, Carlisle, Cumberland County, FOR ALIMONY, DIVISION OF MARITAL PROPERTY, LAWYER'S FEES OR EXPENSES BEFORE A DIVORCE OR ANNULMENT IS GRANTED, YOU MAY LOSE THE RIGHT TO CLAIM ANY OF THEM. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association Two Liberty Avenue Carlisle, Pennsylvania 17013 (717) 249-3166 RYAN E. TITTLE, AMBER D. TITTLE, Plaintiff Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : : CIVIL ACTION - LAW : NO. 03- .36 ! CIVIL TERM : IN DIVORCE COMPLAINT IN DIVORCE COUNT I - NO FAULT 1. Plaintiff is Ryan E. Tittle, an adult individual currently residing at 1015 Heritage Avenue, Shippensburg, Franklin County, Pennsylvania. 2. Defendant is Amber D. Tittle, an adult individual currently residing at 427 Oak Flat Road, Newville, Cumberland County, Pennsylvania. 3. Plaintiff is a bonafide resident of the Commonwealth of Pennsylvania and has been so for at least six months immediately previous to the filing of this Complaint. 4. Plaintiff and Defendant were married on July 30, 1994, in Las Vegas, Nevada. 5. There have been no other prior actions for divorce or annulment between the parties. 6. Plaintiff is a member of the United States Armed Forces or its Allies. Defendant is not a member of the United States Armed Forces or its Allies. 7. Plaintiff has been advised of the availability of counseling and the right to request that the Court require the parties to participate in counseling. Knowing this, Plaintiff does not desire that the Court require the parties to participate in counseling. 8. Plaintiff and Defendant are citizens of the United States of America. 9. The parties' marriage is irretrievably broken. 10. Plaintiff desires a divorce based upon the belief that the Defendant will, ninety (90) days from the date of the filing of this Complaint, consent to this divorce. WHEREFORE, Plaintiff requests your Honorable Court to enter a divorce pursuant to 23 P.S. Section 3301 (c) of the Domestic Relations Code. COUNT II EQUITABLE DISTRIBUTION 11. Paragraphs 1 through 10 are incorporated herein by reference as if set forth in their full text. 12. Plaintiff and Defendant are joint owners of various items of personal property, furniture, and household furnishings acquired during their marriage which are subject to equitable distribution. 13. Plaintiff and Defendant are joint owners of real estate located in Cumberland County, which was acquired during their marriage and which is subject to equitable distribution. 14. Plaintiff and Defendant have incurred debts and obligations during their marriage which are subject to equitable distribution. WHEREFORE, Plaintiff requests your Honorable Court to enter a decree equitably dividing the parties' property and equitable apportioning the debts incurred by the parties. COUNT III ADULTERY 11. Paragraphs 1 through 10 are incorporated herein by reference as if set forth in their full text. 12. Defendant has committed adultery by having sexual relations with an individual contrary to her wedding vows and the Plaintiff is the innocent and injured spouse. WHEREFORE, Plaintiff requests you Honorable Court to enter a divorce pursuant to 23 P.S. Section 3301 (a) (2). Respectfully submitted, Mdryhau?l~ttas, Es4ui~e' Attorney~ Plaintiff GRIFFIE & ASSOCIATES 200 North Hanover Street Carlisle, PA 17013 (717) 243-5551 (800) 347-5552 VERIFICATION I verify that the statements made in the foregoing document 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 unswom falsifications to authorities. RYK~q E. TITTLE, I)laintiff/Petitioner SEPARATION AND PROPERTY SETTLEMENT AGREEMENT THIS AGREEMENT made this'2.~]'~day of /~t4~ ~ ,2003, by and between RYAN E. TITTLE, of Winchester Gardens, Apartment 9, Carlisle, Pennsylvania, party of the first part, hereinafter referred to as "Husband," AND AMBER D. TITTLE, of 427 Oak Flat Road, Newville, Pennsylvania, party of the second part, hereinafter referred to as "Wife," WITNESSETH: WHEREAS, Husband and Wife were married on July 30, 1994, in Las Vegas, Nevada; and WHEREAS, Husband and Wife are residents of the Commonwealth of Pennsylvania and have been so for at least the past six months; WHEREAS, certain differences have arisen between the parties hereto which have made them desirous of 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, determine their rights to alimony and support and any other matters width may be considered under the Divorce Code; and 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 --Page I of 17-- WHEREAS, the parties hereto have mutually entered into an 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 attorneys of their respective choice, 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 hereinafter and for other good and valuable consideration, and intending to be legally bound and to legally bind their heirs, successors, assigns, and personal representatives, do hereby covenant, promise and agree as follows: ~IR TICLE I SEP.4RA TION L1 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 respectively deem fit fi.ce from any control, restraint, or interference, direct or indirect, by each other. Neither party shall molest the other or compel or endeavor to compel the other to cohabit or dwell with him or her by any legal or other proceedings. The foregoing provisions shall not be taken to be an admission on the part of either Husband or With of the lawfulness of the causes leading to them living separate and apart. .4R TICLE II DIVORCE 2.1 This Agreement is not predicated on divorce. It is specifically understood and agreed by and between the parties hereto that each of the said parties does hereby warrant and represent to --Page 2 of 17-- 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 non-prosecution 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 actions for divome, either absolute or othemfise, upon just, legal and proper grounds; not to prevent either party from defending any such action which has been, may, or shall be instituted by the other party, or from 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 enfomeable and this warranty, covenant, and representation is made for the specific purpose of inducing Husband and Wife to execute the Agreement. Husband and Wife each knowingly and understandingly hereby waive any and all possible claims that this Agreement is, for any mason, illegal, or for any reason whatsoever of public policy, unenfomeable in whole or in part. Husband and Wife do each hereby warrant, covenant and agree that, in any possible event, he and she are and shall forever be estopped from asserting any illegality or unenfomeability 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 am accepted by each party as a final settlement for all purposes whatsoever. Should either of the parties obtain a decree, judgment or order of separation or divorce in any other state, country, or jurisdiction, each of the parties to this Agreement hereby consents and agrees that this Agreement and all its covenants shall not be affected in any way by any such separation and divome. --Page 3 of 17-- 2.3 This Agreement shall survive any decree in divome and shall be forever binding and conclusive on the parties. It is understood by and between the parties that this Agreement shall be incorporated into any decree, divorce or separation, but it shall not be deemed merged in such decree. AR TICLE III EOUIT. dB£E 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 the Pennsylvania Divorce 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 needs for each of the parties; the contribution of one party to the education, training or increased earning power to the other party; the opportunity of each pa~y 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 or dissipation of each part 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; the economic circumstances of each party, including federal, state and local tax ramifications, at the time of the division of the property is to become effective; and whether the parties will be serving as the custodian of any dependent minor children. --Page 4 of 17-- 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 affected without the introduction of outside funds or other property not constituting marital propert~y. The division of property under this Agreement shall be in full satisfaction of all rights of equitable distribution of the parties. 3.3 Personal ProperS. The parties acknowledge that they have divided their personal property, tangible and intangible, to their mutual satisfaction. Husband and Wife agree that Husband shall receive possession of those items of personal property listed on "Exhibit A" attached hereto within fifteen (15) days of execution of this Agreement. The parties further acknowledge that they have the cash, accounts, or other tangible and intangible property in their possession that they wish to have and neither will make any c][aim whatsoever against the other party for any other items of personal property or assets that are :in the other party's possession. 3.4 Life Insurance. Each party agrees that the other party shall have sole ownership and possession of any life insurance policies owned by the other. Each party agrees to sign any documents necessary to waive, relinquish, or transfer any fights on such policies to the respective party who presently owns such policies. 3.5 Subsequentlv Acquired Property. 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 --Page 5 of 17-- waive and relinquish any right in such property that may arise as a result of the marriage relationship. 3.6 Pensiont Retirernentt Profit-Sharing. Wife agrees to waive, relinquish or transfer any and all of her right, title and interest she has or may have in Husband's pension through his present or prior employment or military status. Wife hereby waive, relinquishes and transfers any and all right title and interest she has in any present retirement account as well as any other accounts Husband may have in his individual name or may have secured through his present or prior employment. Husband agrees to waive, relinquish or transfer any and all of his right, title and interest he has or may have in Wife's pension through her present or prior employment. Husband hereby waives, relinquishes and transfers any and all right, title and interest he has in any present retirement account, as well as other accounts that Wife may have in her individual name or may have secured through her present or prior employment. 3.7 Vehicles.. The parties acknowledge that Husband has and shall retain sole and exclusive ownership and possession of a certain 2000 Ford Focus vehicle which is titled in the parties' names jointly and which has an encumbrance due and owing to M&T Bank requiring the monthly payment of THREE HUNDRED THIRTEEN AND XX/IO0 ($313.00) DOLLARS. Wife shall make no claim whatsoever relative to access to or use c,f the aforesaid vehicles and shall make no ownership claims of any nature whatsoever relative to the aforesaid vehicles from the date of execution of this Agreement forward. Wife shall sign the title of the vehicle to Husband's name individually within fifteen (15) days of execution of this Agreement or being --Page 6 of 17-- requested to do so by Husband or Husband's legal counsel. Husband shall retain sole and exclusive responsibility for repayment of any and all sums due on account of the purchase of the aforesaid vehicle, or costs associated with maintenance or insurance, or any other costs associated with his operation of the vehicle. The parties acknowledge that Wife has and shall retain sole and exclusive ownership and possession of a certain 1995 Ford Escort vehicle which is titled in Husband's name individually and which has an encumbrance due and owing to Waypoint Bank requiring the monthly payment of ONE HUNDRED FIFTY-SEVEN AND XX/I O0 ($157.00) DOLLARS. Husband shall make no claim whatsoever relative to access to or use of the aforesaid vehicles and shall make no ownemhip claims of any nature whatsoever relative to the afbresaid vehicles from the date of execution of this Agreement forward. Husband shall sign the title of the vehicle to Wife's name individually within fifteen (15) days of execution of this Agreement or being requested to do so by Wife or Wife's legal counsel. Wife shall retain sole and exclusive responsibility for repayment of any and all sums due on account of the purchase of the aforesaid vehicle, or costs associated with maintenance or insurance, or any other costs associated with her operation of the vehicle. 3.8 Intangible Personal PropertF. The parties agree that Wife has and shall retain sole and exclusive ownership and possession of the funds held in the parties' joint Waypoint checking and savings accounts. In addition, Husband has and shall retain sole and exclusive ownership and possession of the funds held in any checking or savings account in Husband's name individually. Wife has --Page 7 of 17-- and shall retain sole and exclusives ownership and possession of funds held in any checking or savings account in Wife's name individually. The parties have already transferred or waived rights and interest in other intangible personal property, including their various bank accounts, credit union accounts, and the like. Each party agrees to sign any documents necessary to close any joint accounts within fifteen (15) days of signing this Agreement. Neither party shall make any claim of any nature whatsoever against the other party relative to the financial accounts or other investments or intangible personal property that have already been retained by that party as described herein. 3.9 Real Estate. The parties are the joint owners of real esl,te located at 427 Oak Flat Road, Newville, Cumberland County, Pennsylvania. Upon presentation to Husband from counsel of a special warranty fee simple deed conveying all of his right, title and interest in the aforesaid property to Wife, Husband shall execute that deed to be retained by Husband's counsel in escrow until such time as Wife removes Husband's name from the mortgage encumbering the property. The property is encumbered with a first mortgage and a second mortgage due and owing to Countrywide Home Loan requiring the total monthly payment of NINE HUNDRED FOUR AND XX/IO0 ($940.00) DOLLARS per month. Upon the refinancing of the Countrywide Home Loans mortgage, thereby removing Husband's name as a responsible party on that loan, counsel for Husband shall immediately release the deed to Wife contemporaneously with the refinancing settlement so as to allow for the deed to be recorded in conjunction with the recording of Wife's refinanced mortgage. It is anticipated that Wife shall refinance the aforesaid mortgages contemporaneously with the execution of this Agreement. In the event Wife does not refinance the mortgages at that --Page 8 of 17-- time, Wife must file for a refinancing of the said mortgage with Countrywide Home Loans or another legitimate financial institution within fifteen (15) days. of execution of his Agreement by Wife. In the event that Wife's request for refinancing is denied, Wife is obligated to file an application for refinancing on the aforesaid mortgage with Countrywide Home Loans or another legitimate financial institution six (6) month from the date of execution of this Agreement by Wife and every six (6) months thereafter until such time that a refinancing has taken place. Until such time as Wife's refinancing of the aforesaid mortgage, she shall be solely and exclusively responsible for making any and all payments and meeting any and all financial commitments due and on the aforesaid mortgage to Countrywide Home Loan. Wife shall indemnify Husband and hold him harmless from and against may and all demands for payment or collection activity. AR TICLE IV DEBTS OF THE P.4RTIES 4.1 The parties acknowledge that they had outstanding debts or liabilities due and owing to Sears, First USA, and Dell accounts at the time of separation. From the date of separation forward, Wife maintained sole and exclusive responsibility and obligation for the repayment of the aforesaid debts, which are believed to be listed in her name individually. Wife has represented to Husband that all such debts are paid in full at the time of execution of this Agreement. If it is discovered that the aforesaid debts are not paid in full at the time of execution of this Agreement, Wife shall maintain sole and exclusive responsibility and obligation for the repayment of the aforesaid debts. Wife shall indemnify Husband and hold him harmless from and against any and all demands for payment or collection ,tctivity of any nature whatsoever --Page 9 of 17-- relative to the aforesaid debts. In that event, Wife shall refinance the aforesaid debts into her sole and individual name and/or remove Husband's name from the aforesaid debts within ninety (90) days of signing this Agreement. In addition, in the event Wife shall default upon the aforesaid debts, Husband shall be entitled to initiate action against Wife for alimony or any other appropriate economic relief to compensate him for the costs, fees and expenses Husband would then become responsible for relative to the aforesaid debts, to include not only the debts, but also any late fees, legal fees, interest or costs associated with any related collection proceedings. Wife shall not defend against Husband's request for alimony and may not raise the issue of Husband's co-habitation or remarriage in any claim for alimony under this paragraph. 4.2 Each party represents to the other that except as is othe. rwise set forth in this Agreement, and more particularly as set forth in subparagraph 4.1 above, there are no major outstanding obligations of the parties; that since the separation neither party has contracted or any debts for which the other will be responsible and each party indenmifies and holds harmless the other for all obligations separately incurred or assumed under this Agreement. ARTICLE V ALIMONY~ APL, SPOUSAL SUPPORT AND MAINTENANCE 5.1 The parties herein agree that they have each secured and maintained substantial and adequate funds with which to provide themselves with sufficient resources to provide for their own comfort, maintenance and support in the station in which they arc accustomed. Husband and Wife do hereby waive, release and give up any rights they may have respectably against the --Page 10 of 17-- other for alimony, alimony pendent lite, spousal support, and maintenance except as otherwise provided for herein. 5.2 Husband and Wife specifically waive, release and give up any fights for alimony, alimony pendent lite, and spousal support pursuant to Chapter 37 of the Domestic Relations Code. ARTICLE VI TAXES 6.1 The parties agree that Wife shall claim the minor child, Joshua Lawrence Tittle, born September 6, 1995, as a dependent on her tax return on a yearly basis and Husband claiming the minor child, Ryan Edward Tittle, Jr., born September 6, 1995, as a dependent on his tax return on a yearly basis. ARTICLE VII MISCELLANEOUS PROVISIONS 7.1 Advice of Counsel. The parties acknowledge that they have either received independent legal advice from counsel of their own selection, that they fully understand thc facts and have been fully informed as to their legal fights an obligation or otherwise understand those legal rights and obligations. They 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 thc result of any duress or undue influence, and further that it is not thc result of any collusion or improper or illegal agreement or agreements. --Page 11 of 17-- 7.2 Mutual Release. Husband and Wife each do hereby ~rmtually reimse, release, quitclaim, and forever discharge the other and the estate of such other, for all times to come and for all purposes whatsoever, of and from any and all right, title and interest, or claims in or against the property (including income and gain from property hereafter accruing) of the other or against the estate of such other, of 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 d.eceased 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, counsel 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. --Page 12 of 17-- 7.3 BankruptcF. The parties agree that any and all financial obligations assumed herein shall not be subject to discharge through bankruptcy proceedings. This includes, but is not limited to, all financial obligations assumed under Paragraph 3.7, 3.9 m~d 4.1 of this Agreement. In the event either party attempts to avoid financial obligations described herein through bankruptcy proceedings the other party shall have an independent claim against the party claiming bankruptcy for any and all sums that the other party assumes or is required to pay due to the actions of the party claiming bankruptcy. Further, all rights awfilable to the other party provided for in Paragraph 6.14 hereinafter shall be available to the party not filing bankruptcy. 7.4 Warranties. Each party represents that 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 or hold the other party harmless from and against any and all such debts, liabilities or obligations of every kind, 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 for by the terms of this Agreement and that neither of them hereafter incur any liability whatsoever for which the estate of the other may be liable. --Page 13 of 17-- 7.5 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. 7.6 Husband and Wife covenant and agree that they will forthwith execute any and all written instruments, assignments, releases, satisfactions, deeds, notes or such other writings as may be necessary or desirable for the proper implementation of this Agreement, and as their respective counsel shall mutually agree should be so executed in order to cany fully and effectively the terms of this Agreement. 7.7 This Agreement shall be construed in accordance with the laws of the Commonwealth of Pennsylvania which are in effect as of the date of the execution of this Agreement. 7.8 This Agreement shall be binding and shall inure to the benefit of the parties hereto and their respective heirs, executors, administrators, successors and assigns. 7.9 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. 7.10 Severability. 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, --Page 14 of 17-- 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 any one or more of the articles and sections herein shall in no way void or alter the remaining obligations of the parties. 7.11 It is specifically understood and agreed that this Agreement constitutes the 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 Divorce Code of the Commonwealth of Pennsylvania. 7.12 Disclosure. The parties each warrant and represent to the other that he or she has made a full and complete disclosure to the other of all assets of any nature whatsoever in which party has an interest, of the sources, and amount of the income of such party of every type whatsoever, and all other facts relating to the subject matter of this Agreement. 7.13 Enforceabilit~ and Consideration. 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, either at law or in equity, to enforce the terms of the Agreement by either Husband or Wife until it shall have been fully satisfied and performed. The consideration for this contract and 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. The adequacy of the consideration for all agreements herein contained is stipulated, confessed, and admitted by the parties, and the parties intend to be legally bound hereby. In the event either --Page 15 of 17-- party breaches the aforesaid Agreement and it is determined through appropriate legal action that the alleged party has so breached the Agreement, the breaching party shall be responsible for any and all attorney's fees as well as costs and expenses associated with litigation incurred by the non-breaching party to enforce this Agreement against the breaching party. In the event of breach, the non-breaching party shall have the right, at his or her election, to sue for damages for such breach or to seek such other and additional remedies as may be available to him or her including equitable enforcement of this Agreement. 1N WITNESS WHEREOF, the parties hereto have set their hands and seals the day and year first above written. WITNESSED BY: · ~ Date- RYAN E. TITTLE --Page 16 of 17-- EXHIBIT "A" ITEMS TO BE RETAINED/RETURNED TO HUSBAND 1. Army gear 2. Personal belongings from former marital residence 3. Jewelry 4. Grandmother's clock 5. Financial documents, or copies thereof if joint docmaaents 6. Fishing gear 7. Antique stereo 8. Copies of pictures 9. Miscellaneous items still packed at former marital residence 10. Golf clubs 11. TV/VCR (premarital) --Page 17 of 17-- RYAN E. TITTLE, AMBER D. TITTLE, Plaintiff Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : : CIVIL ACTION - LAW : NO. 03-361 CIVIL TERM : IN DIVORCE ACCEPTANCE OF SERVICE I, Amber D. Tittle, acknowledge that on January 29, 2003, I received a certified and true copy of a Complaint in Divorce, filed on January 23, 2003. Date: ~ ~?- ~____~ AMB~ D. TITTLE, Defendant RYAN E. TITTLE, AMBER D. TITTLE, Plaintiff Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : : CIVIL ACTION - LAW : : NO. 03-361 CIVIL TERM : IN DIVORCE AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under §3301 (c) of the Divome Code was filed on January 23, 2003, and served on January 29, 2003. 2. 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. 3. I consent to the entry of a final Decree of Divorce after service of notice of intention to request entry of the decree. I VERIFY THAT THE STATEMENTS MADE IN THE FOREGOING AFFIDAVIT ARE TRUE AND CORRECT. I UNDERSTAND THAT FALSE STATEMENTS HEREIN ARE MADE SUBJECT TO THE PENALTIES OF 18 ]?a.C.S. §4904 RELATING TO UNSWORN FALSIFICATION TO AUTHORITIES. TITTLE, Plaintiff RYAN E. TITTLE, Plaintiff AMBER D. TITTLE, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : : CIVIL ACTION - LAW : : NO. 03-361 CIVIL TERM : IN DIVORCE AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under §3301 (c) of the Divorce Code was filed on January 23, 2003, and served on January 29, 2003. 2. 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. 3. I consent to the entry of a final Decree of Divorce after service of notice of intention to request entry of the decree. I VERIFY THAT THE STATEMENTS MADE IN THE FOREGOING AFFIDAVIT ARE TRUE AND CORRECT. I UNDERSTAND THAT FALSE STATEMENTS HEREIN ARE MADE SUBJECT TO THE PENALTIES OF 18 Pa.C.S. §4904 RELATING TO UNSWORN FALSIFICATION TO AUTHORITIES. A~D. TITTLe, D'efehdant RYAN E. TITTLE, Mo AMBER D. TITTLE, Plaintiff Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAbtD COUNTY, PENNSYLVANIA : : CIVIL ACTION - LAW : : NO. 03-361 CIVIL TERM : 1N DIVORCE WAIVER OF NOTICE OF INTENTION TO REQUEST THE ENTRY OF A DIVORCE DECREE UNDER §3301(c) OF THE DIVORCE CODE 1. I consent to the entry of a final decree in divorce without notice. 2. I understand that I may lose fights concerning alimony, division of property, lawyer's fees or expenses ifI do not claim them before a divorce is granted. 3. I understand that I will not be divorced until a divome 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 THE FOREGOING AFFIDAVIT ARE TRUE AND CORRECT. I UNDERSTAND THAT FALSE STATEMENTS HEREIN ARE MADE SUBJECT TO THE PENALTIES OF 18 ]?a.C.S. §4904 RELATING TO UNSWORN FALSIFICATION TO AUTHORITIES. DATE: RYPs/N E. TITTLE., Plaintiff RYAN E. TITTLE, AMBER D. TITTLE, Plaintiff Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : : CIVIL ACTION - LAW : : NO. 03-361 CIVIL TERM : IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REQUEST THE ENTRY OF A DIVORCE DECREE UNDER §3301(c) OF THE DIVORCE CODE 1. I consent to the entry of a final decree in divome without notice. 2. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses ifl 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 THE FOREGOING AFFIDAVIT ARE TRUE AND CORRECT. I UNDERSTAND THAT FALSE STATEMENTS HEREIN ARE MADE SUBJECT TO THE PENALTIES OF 18 Pa.C.S. §4904 RELATING TO UNSWORN FALSIFICATION TO AUTHORITIES. DATE: AMID. TITTLEfDefendant RYAN E. TITTLE, AMBER D. TITTLE, Plaintiff Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 03-361 CIVIL TERM 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: Irretrievable breakdown under §3301(e) (Strike out inapplicable section). 2. Date and manner of service of the Complaint: by personal service (Acceptance of Service signed) on January 29, 2003. 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: August 27, 2003 by Defendant: August 27, 2003 (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: none 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: September 4, 2003 Date defendant's Waiver of Notice in §3301 (c) Divorce was filed with the Prothonotary: September 4, 2003 Mm:yl~/~as, E~qu~re GRIFFIE ~e-&SSOCIATES Attorney for Plaintiff iN THE COURT OF COMMON PLEAS OFCUMBERLANDCOUNTY STATE OF .,~. PENNA. RYAN E. TITTLE, Plaintiff VERSUS AMBER D. TITTLE, NO. 021-361 CIVIL TERM AND NOW, DECREED THAT DECREE iN DIVORCE , IT I$ ORDERED AND Rvan E. Tittle , PLAINTIFF, aND Amber D. Tittle, ,DEFENDANT, ARE DIVORCED FROM THE BONDS OF MATRIMONY. 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; The parties' Separation and Property Settlement Agreement dated August 27, 2003 , is incorporated herein, but not PROTHONOTARY