Loading...
HomeMy WebLinkAbout98-02415 .. .:+:. .:+:.' .:+:. .3t:..... 0:<<" -:.;. .~. .:<<. .:+:. -:.:..:+:. .:.~. <.:. -:.:. <..~. -:..~. .:+:. .:+:. <+:. :. .:+:.'.:..x.',:.>:.:..:. .:+> .:+:.- .:+:. ._,:::..~" "0 _._~,-_.......~_~,_..~._~_"...,._,._~_,____----"_'_~'~'''''_''''_''__','...___.____..'-__~__,~~._,_"".,_.,..., _ ~ ,,-~..,_~._, ., '.", -',,"--'" ..-_..-,........'~'.....T~."__.__..___.....,.."--...-.. ___, ~ .." ~ ~ 8 " " $ " " ~ " " .:i " w ',' " P,l ,', ~ ~ ... " " ~ '.' " " ,', ~ I"~ ~ v ,', ~ ~ '.' ,,~ ~ ~ (. ~ ~ ... " ~ ~ ~ ~ w ',' ,', ~ ~ ~' $ " ~ ~ ,', IN THE COURT OF COMMON PLEAS ~ " J.I ~ ~ ~ ~ " P,l " ... ~ ~ ,', * ~ ,,~ P.J ~ !:. ,', ~ ,'~ ~ w ... ,', * ., ~ ~ ~,~ ,;'~ ~ ~ ~.~ .'~ ~ ;'; ~ .', ~ "iii ~ ,'; ~ w '.' ~ ',' ~ ',' ~ .:i ~ ~ p ~ \_____, Z) .... J, ~ ~ ~ rk~-:1n ~ ~ j'lhonolnry ~ J...:: .>>;-:.,;::' ::.::'-::+:'-:->>::~i;:.i; -:i;:::.;: ::.::::~.':i.;~:.;:'.:+::,:+:. ,;.;. ':.:. .:+i. ,:.:..:.:.'::+;. . ':.:. ::+i. .:+:' ':+:. .:+:. ':+:. .:+:. .:+i~ OF CUMBERLAND COUNTY STATE OF '* PENNA. .1lt.J~M!NNJ J.. . Kel"PLE . No, ~a,.,2415.p., .............. 19 98 Ii 'f V('l'.'ill~\ :i 'I JOHN PAUL KEPPLE II Ii ii Ii AND NOW, DECREE IN D I V 0 R C E ;k (o,.,zeAt{ .. .~2-... . . . . '. 19 9~.. it is ordered and decreed that. . . '" .~~.AH .~...KEPPLE.. . . . ." . . .. . . . . . . . .. .. .. plaintiff, and ' . . . . . . . . . . . . . . . .JQi:II:l.l"~l,l~" ~E!'P~E . . . . . . . . . . . . . . . . . . . . . . . '. 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; .....,.", ,..',..."."..."" """"""""""""""" ,..,... ,.",.. I " ~ . them relating to the ownership and equitable distribution of real and personal propfJrty; the fJettling 01' all matters between them relating to tho past, pn'sent and future support, alImony and/or maintenance 01' WIFE by HUSBAND or 01' HUSBAND by WIPE; and in general, the settling of any and all claims and possible claims by one against the other or against their respective estates, NOW, THEREFORE, in consideration of the premIses and mutual promises, covenants and undertakings hereinafter set forth and for other good and valuable consideration, receipt of which is hereby acknowledg0d by each of the parties hereto, WIFE and HUSBAND, each intending to be legally bound hel"eby, covenant and agree as follows: 1 , INCORl'.ORA'l'I.QlLQFnJ2REAM.6LIh The recitals set forth in the Preamble of this Agreement are incorporCited herein and made a part hereof as if fully set forth in the body of the Agreement, 2 . AGREEMEH'.LBQT....LBAR.nT.<Llll'lORCE PROCEEDINGfu This Agreement shall not be considered to affect or bar the right of HUSBAND and WIFE to an absolute 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 shall not be deemed to be condonation on the part of either party hereto of any act or acts on the part of the other party which helVe occasioned the disputes or unhappy differences which have occurred or may occur subsequent to the date hereof, 3 . D.IY.ORCLDECREE.t The parties acknowledge that their marriage is irretrievably broken and that they will secure a mutual DIANE G, RADCLIFF 3448 TRINDlE flOAD CAMP Hill. PA 17011 (717i m.0100 Page 2 of 20 DIANE G, RADCLIFF 3448 TRINDlE ROAD CAMP Hill, PA 17011 17171737.0100 ~. consent no- [aul t divorce decree in the above captioned divorce action, Upon the execution of this Agreement, the piu'ties shall execute and file all documents and papers, :i.nc1 ud:i.ng aff:i.davits of consent and waiver of not:i.ce fonns, necessary to f:i.naIize said divorce, If either party fails or refuses to finalize said divorce or execute and file the documents necessary to final i ze the divorce, said failure or refusal shall be considered a material breach of this Agreement and shall entitle the other party at his ~r her option to terminate this Agreement, 4, EFF.E..C'l'_O~.lU.YQR.CE....DE.REE..t Unless otherwise specifically provided herein, th:i.s Agreement shall continue in full force and effect after such time as a final Decree in Divorce may be entered wi th respect to the parties, 5, AGREEMENT_TD BE INCQRP~TED IN DIY~DECREEI The terms of this Agreement shall be incorporated into anY Divorce Decree which may be entered with respect to them. 6. NOH:: MERGER t This Agreement shall not merge with the Divorce Decree, but rather, it continues to have independent contractual significance and each party maintains their contractual remedies as well as court remedies as the result of the aforesaid incorporation or as otherwise provided by law or statute, 7. DATE QF EXECUTION, The "date of execution" or "execution date" of this Agreement shall be defined as the datG of execution by the party last executing this Agreement. Page 3 of 20 DIANE G. RADCLIFF 3448 TRINDlE ROAD CAMP Hill, PA 17011 (711) 737.0100 .. 9. OIaTRIB.1JTIONMDATE I. The transfer of property, funds and/or documents provided for herein shall only take place on the "distribution date" which shall be def'ined as the date of execution of this Agreement unless otherwise specified herein, 9 . 'lOLUNTARY.EXECUTIOR_ANlL.FAIRNESS .NAGREEMEH'l'J Each party acknowledges that this Agreement has been entered into of his or her own volition, with full knowledge of the facts and full disclosure of their separate and joint estates, and that each believes this Agreement to be reasonable under the circumstances, Further, HUSBAND acknowledges that he has been advised of his right to be advised by an attorney of his own choosing prior to entering into this Agreement and that he volunt.arily has decided not to retain such counsel, and further acknowledges that he accepts said Agreement and that said acceptance is not based on any advice or representation made by WIFE'S counsel, Diane G, Radcliff , Esquire, nor has such advice and/or any representation been given to HUSBAND by said counsel, 10 . F...IHANCIAlLllIS.CLQSJJREJ The parties confirm that each has relied on t.he substantial accuracy of the financial disclosure of the other, as an inducement t.o the execution of this Agreement and each party acknowledges that there has been a full and fair disclosure of the parties' marital assets which has been provided to each part.y. 11. Olil.cLOSURELANlL_WAIYER OF -1'R.OCEDURAL-RIGH'l'B.J.. Each part.y understands that he or she has the right to obt.ain from t.he other party a complete inventory or list of Page 4 of 20 DIANE G. RADCLIFF 3448 TRINDlE ROAD CAMP Hill, PA 17011 (717)737,0100 ~ all of the property that either or both parties own at this time or owned as of the date of separation, and that each party has the right to have all such property valued by means of appraisals or otherwise. Both parties understand that they have the right. to have a court. hold hearings and make decisions on the matters covered by this Agreement, Both parties understand t.hat a court decision concerning t.he parties' respective rights and obligat.ions might be different. from t.he provisions of this Agreement, Each party hereby acknowledges that t.his Agreement. is fair and equitable, t.hat it adequately provides for his or her needs and is in his or her best interests, and that the Agreement is not the result of any fraud, duress, or undue influence exercised by either party upon the other or by any other person or persons upon either party, Given said understanding and acknowledgment, both parties hereby waive the following procedural rights: a. The right to obtain an inventory and appraisement of all marital and separate property as defined by the Pennsylvania Divorce Code, b, The right to obtain an income and expense statement of the other party as provided by the Pennsylvania Divorce Code, except in instances where said income and expense statement is hereafter required to be filed in any child support action or in any other proceedings pursuant to an order of court, c. The right to have any discovery as may be permi tted by the Rules of Ci vi 1 Procedure, except di scovery arising out of a breach of this Agreement, out of any child Page 5 of 20 DIANE G. RADCLIFF 3448 TRINDLE ROAD CAMP HILL. PA 17011 1717) 737.0100 support action, or out of any other proceedings in which discovery is specifically ordered by the court. d, The right to have the court determine which property is marital and which is non-marital, and equi tably distribute between the parties that property which the court determines to be marital, e. The right to have the court decide any other rights, remedies, privileges, or obligations covered by this Agreement, including, but not limited to, possible claims for divorce, spousal support, alimony, alimony pendente lite (temporary alimony), and counsel fees, costs and expenses, 12. PERSONAL Pll.QUR.'I';u HUSBAND and WIFE do hereby acknowledge that they have previously divIded their tangible personal property inc1 uding, but without limitation, jewelry, clothes, furniture, furnishings, household equipment carpets, and rugs, appliances, tools, pictures, books, works of art and other personal property and hereafter WIFE agrees that all of the property in the possession of HUSBAND shall be the sole and separate propert.y of HUSBAND; and HUSBAND agrees that. all of the property in the possession of WIFE shall be the sole and separate property of WIFE. The parties do hereby specifically waive, release, renounce and forever abandon whatever claims, if any, he or she may have with respect to the above items which shall become the sole and separate property of the other, Page 6 of 20 DIANE G, RADCLIFF 3446 TRINDLE ROAD CAMP HILL, PA 17011 (717173700100 13 , AF.1'ER.:.ACQl1IREILPROPERT.1LI Each of the parties shall hereafter own and enj oy, independently of any claim or rIght of t.he other, all property, tangible or int.angible, real, personal or mixed, acquired by him or her, since April 27, 1990, the date of the parties' marital separation, 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 and each party hereby waives, releases, renounces and forever abandons any right, title, interest and claim in and to said after acquired property of the other party pursuant to the terms of this paragraph, 14, DI'lISION OF YEHI-CLES..l Wi th respect to the vehicles owned by one or both of the partles, or the trade in or sales value thereof, they agree as follows: a. 1994 Nissan Infinity J-30 having an approximate value of $18,000,00 shall be the sole and exclusive property of WIFE, b. 1998 Chevrolet S-10 Pickup Truck having an approximate value of $16,000,00 and subject to a purchase price loan having an approximate balance owed of $21,790,56 shall be the sole and exclusive property of HUSBAND, The titles to said vehicles shall be executed by the parties, if appropriate, for effectuating transfer as herein provided OG the date of execution of this Agreement and said executed ti tles shall be del i vered to the proper party on the distribution date, For purposes of this Paragraph the term "title" shall be deemed to include "power of attorney" if the Page '7 of 20 DIANE a, RADCLIFF 3448 TRINDlE ROAD CAMP Hill, PA 17011 (717) 737.0100 title La the vehicle is unavailable due to flnancing arrangements or otherwise, In the event any vehicle is subject to a lien or encumbrance the part.y receiving said vehicle as his or her property shall take it. subject. t.o said 1 ien and/or encumbrance and shall be solely responsible t.herefor and said party further agrees to .i.ndemnify, prot.ect and save the other party harmless from sa.i.d lien or encumbrance, Each of t.he parties heret.o does specif.i.cally waive, release, renounce and forever abandon whatever right, t.itle and int.erest they may have in the vehicles t.hat shall become the sole and separat.e property of the other pursuant to the t.erms of this Paragraph, l!i . REAL.-ESTA1'E.t The parties acknowledge and agree that they do not own any real estat.e which is subject. to equitable distribution between them, 16. MONETARY p~~ Upon the execution of this agreement and HUSBAND'S execut.ion of his affidavit of consent and waiver of not.i.ce form, WIFE shall pay HUSBAND t.he sum of $4,000,00 which shall be applied by him against the outstanding loan on his vehicle, 17 . EAClLI'AR'l'LRETAIN.LOWN PE~SlilNJ'LANS..t Each of the parties does specifically waive, release, renounce and forever abandon all of their right, tit.le, interest or claim, whatever it may be, in any Pension Plan, Retirement Plan, Profit Sharing Plan, 401-K Plan, Keogh Plan, Stock Plan, Tax Deferred Savings Plan and/or any employee benefit. plan of the other party, whether acquired through said party's employment or otherwise, and hereafter said Pension Page 8 of 20 DIANE G. RADCLIFF 3448 TRINDLE ROAD CAMP HILL, PA 17011 17171737-0100 Plan, Retirement Plan, Savings Plan, Tax Deferred Savings Plan and/or any employee benefit plan shall become the sole and separate property of the party in which name or through whose employment said plan is carried, 18 . DIVISION,OF__BANlCACCOIDI'I'SlSTOCKlLIFL.lNatIRANCIi:J. The parties acknowledge and agree that. t.hey have previously divided to their mutual satisfaction all of their bank accounts, cel'tificates of deposit, IRA accounts, bonds, shares of stock, investment plans and life insurance cash value and hereafter WIFE agrees that all said bank accounts, certificates of deposit, IRA accounts, bonds, shares of stock, invest.ment plans and life insurance cash value in the possession of HUSBAND shall become the sole and separate property of HUSBAND; and HUSBAND agrees that all the said bank accounts, certificates of deposit, IRA accounts, bonds, shares of stock, investment plans and life insurance cash value in the possession of WIFE shall become the sole and separate property of WIFE. Each of the parties does specifically waive, release, renounce and forever abandon whatever right, title, interest or claim, he or she may have in any bank account, certi f icates of deposi t, IRA accounts, bonds, shares of stock, investment plans and life insurance cash value that is to become the sole and separate property of the other pursuant to the terms hereof, With respect to the foregoing the parties acknowledge that they have previously divided to their mutual satisfaction the jointly held Merrill Lynch account and that. from said account WIFE received $10,400,00 and HUSBAND received $6,000,00, The part.ies do hereby reaffirm said dist.dbution and waive any and all claims Page 9 of 20 DIANE G, RADCLIFF 3448 TRINDLE ROAD CAMP HILL, PA 17011 (717)'/37-0100 that each may havli! against the other arising out of said distribution, 19. \'lAI:'lEILOF.._INHElUTANCE.l Each of the parties hereto does specifically waive, release, renounce and forever abandon any right., t.itle, int.erest and claim, if any, either party may have in and t.o any inheritance of any kind or nat.ure whatsoever previously or in t.he future received by the ot.her party, 20 . l'ill'E'LDE.BTB.1 WIFE represents and warrants t.o HUSBAND that since the parties I mari tal separat ion she has not cont.racted or incurred any debt or liability for which HUSBAND or his estate might be responsible and WIFE furt.her represent.s and warrants t.o HUSBAND that she will not contract or incur any debt or liability after the execution of this Agreement, for which HUSBAND or his estate might be responsible, WIFE shall indemnify and save HUSBJI.ND hal'mless from any and all claims or demands made against him by reason of debts or obligations incurred by her, 21. HUSBAND'S DEBTS. HUSBAND represents arId warrant.s t.o WIFE that since the parties I mari tal separat ion he has not contracted or incurred any debt or liability for which WIFE or her estate might be responsible and HUSBAND further represents and warrants to WIFE that he will not contract or incur any debt or liability after the execution of this Agreement, for which WIFE or her estate might be responsible. HUSBAND shall indemnify and save WIFE: harmless from any and all claims or demands made against her by reason of debts or obligations incurred by him, Page 10 of 20 DIANE O. RADCLIFF 3448 TRINDlE ROAD CAMP Hill, PA 17011 (717) 737.0100 22. MARLTAL._DEaT.1. During the course of the maJ:-riage, HUSBAND and WIllE have incurred certain bills and obligations and have amassed a variety of debts, and it is hereby agreed, without ascertaining for what purpose and to whose use each of the bills were incurred, the parties agree as follows: a. WIFE shall be solely responsible for the following bills and debts: l. 2. I~ontgomery Wards $ 1,000,00 USAA $10,000,00 3. Any other credit card accounts, obligations and/or debts held in WIFE'S sole name, b. HUSBAND shall be solely responsible for the following bills and debts: 1. CjtiBank Visa Optima Vehicle loan $ 3,800,00 2 . $ 1,000,00 $21,790,56 3 . 4. Any other credit card accounts, obligations and/or debts held in WIFE'S sole name, Each party agrees to hold the other harmless from any and all liability which may arise from the aforesaid bills which pursuant to the terms herein are not the responsibility of the other party. Any joint debt shall be canceled so that neither party can make any further charges thereunder and if said charges are made in violation of this Agreement than the party incurring said charge shall immediately repay the same, Any liability not disclosed in this agreement shall be the sole responsibility of the party who has incurred or may hereafter incur it, and the party incurring or having incurred Page 11 of 20 DIANE G, RADCLIFF 3448 TRINDLE ROAD CAMP HILL, PA 17011 17171737.0100 .' said debt shall pay it as it becomes due and payable, From the date of this Agreement, each party shall only use those credit card accounts or incur such further obligations for which that. part.y is individually and solely li.able and the parties shall cooperate in closing any remaining accounts which provide for joint liability, 23. BANKRUP.T.CY, The parties hereby agree that the provisions of. t.his Agreement shaH not be dischargeable in bankruptcy and expressly agree t.o reaffirm any and all obligations contained herein, In the event a party files such bankrupt.cy and pursuant thereto obtains a discharge of any obligations assumed hereunder, the other part.y shall have the right to terminate t.his Agreement in which event the division of the parties' marital assets and all other rights determined by t.his Agreement shall be subject. to court determination the same as jf this Agreement had never been entered into, 24. INCOME TAX JlRI.olLRETURNSJ. The parties have heret.ofore filed joint federal and state returns, Both parties agree that. in the event any deficiency in federal, st.ate or: local income tax is proposed, or any assessment of any such tax is made against either of them, each wi 11 indemni f.y and hold harmless the other from and against any loss or liability for any such tax deficiency or assessment therewith, Such tax, interest, penalty or expense shall be paid solely and entirely by the individual who is finally determined to be the cause of the misrepresentations or failures to disclose the nature and extent of his or her separate income on t.he aforesaid joint returns, Page 12 of 20 DIANE O. RADCLIFF 3448 TRINDLE ROAD CAMP HILL, PA 11011 (7171 737,0100 25, IINAL-EQUITABLE .DISTRIBlI'l'IONOI-PROPERTYt 'fhe parties aCJrflc, t.hat the division of all property set forth in thin ^'1J.'(!nmC,lll .I.n equitable and in the event an action in divorce to commenced, both parties relinquish the right to divide Batd property in 3ny manner not consistent with the terms Bet forth herein, It is further the intent, understanding and aqreement of the parties that this Agreement is a full, final, complete and equitable property division, 2 Ei , WAl'lER-OF-ALIMCllIlC..__S.l'.OUBAL__.aUPJ?.oR.':LANlLCOS'l'S_l The part ies hereto agree and do hereby waive any right and/or claim they may have, both now and in the future, against the other for alimony, alimony pendente lite, spousal support, maintenance, counsel fees and costs, 2'7. PERS.QNAILRlGH'I.S..t HUSBAND and WIFE may and shall, at all times hereafter, live separate and apart. They shall be free from any contl;ol, 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, carryon 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 mal ign each other or the respective families of each other nor compel or attempt to compel the other to cohabit or dwell by any means or in any manner whatsoever with him or her. 28 . MUTl1AILRELEASES.l HUSBAND and WIFE each do hereby mutually remise, release, quitclaim and forever discharge the other and the estate of Page 13 of 20 such other, for all time to come, and for all purposes whatsoever, of any 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 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 or by way of dower or curtsey, or claims in the nature of dower Ot' curtsey or widow's or widower I s rights , family exemption or similar allowance, or under the .intestate laws, or the right to take against the spouse's will; or the right to treat a lifetime conveyance by the other as testamentary, or all other rights of a surviving spouse to participate in a deceased spouse's estate, whether arising under the laws of (a) the Commonwealth of Pennsylvania, (b) State, Commonwealth of 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, equitable distribution, costs or expenses, whether arising as a result of the marital relation or otherwise, except, any only except, all rights and agreements and obligations of whatsoever nature arising or which may arise under this Agreement or for the breach of any provision thereof, It is the intention of HUSBAND and WIFE to give to each other by the eXecution of this Agreement a full, complete and general release with respect to any and all property of any kind or DIANE G, RADCLIFF 3448 TRINDLE ROAD CAMP Hill., ,'A 17011 (7171737-0100 Page 14 of 20 DIANE G. RADCLIFF 3448 TRINDlE ROAD CAMP Hill, PA 17011 17171737.0100 nature, real, personal or mixed, which the other now owns or may hereafter acquire, except and only except all rights and agreements and obI igations of whatsoever nature arising or which may arise under this Agreement or for the breach of any provisions thereof, 29 , l'lAIYER_.OIL.MQIlIF~AT.IOlL-'l'_CL.BE__.I1L.WR~'l'INGl. No mod if ication or waiver of any of the terms hereof shall be valid unless in writing and signed by both parties and no waiver of any breach hereof or default hereunder shall be deemed a waiver of any subsequent default of the same or similar nature, 30. Mll'1'UAL~QPERATIOlh Each party shall, at any time and from time to time hereafter, take any and all steps and execute, acknowledge and deli ver to the other party, any and all further instruments and/or document that the other party may reasonably require for the purpose of giving full force and effect to the provisions of this Agreement, 31 . AGREEMENT JllND.ING.....QILHE.IRSi This Agreement shall be binding and shall inure to the benefit of the parties hereto and their respective heirs, executors, administrators, successors and assigns, 32. INTEGRATION. 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, Page 15 of 20 DIANE G. RADCLIff 3449 TRINDlE ROAD CAMP Hill, PA 17011 1717) 737.0100 33 , OI'HER_DQCtIMENTA'l'ION.I. WIPE and HUSBAND covenant and agree that they will forthwith (and within at least twenty (20) days after demand therefor) , written instruments, any and all execute assignments, releases,satisfactions, deeds, notes, stock certificates, or such other writings as may be necessary or desirable for the proper effectuation of this Agreement, and as their respective counsel shall mutually agree should be so executed in order to CatTY out fully and effectively the terms of this Agreement. 34. NO WAIVElLQF-DEFAUL'l'~. 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 .....ay affect the right of such party hereafter to enforce the same, nor shall the waiver of any subsequent default of the same or similar nature, nor shall it be construed as a waiver of strict performance of any other obligations herein, 35 . BREACfu. If for any reason either HUSBAND or IHF'E fails to perform his or her obligations owed to or for the benefit of the other party and/or otherwise breaches the terms of this Agreement, then the other party shall have the following rights and remedies, all of which shall be deemed to be cumulative and not in the alternative, unless said cumulative effect would have an inconsistent result or would result in a windfall of the other party, Page 16 of 20 a, the right to specific performance of the terms of this Agreement, in which event the non-breaching party shall be reimbursed for all reasonable attorney's fees and costs incurred as the result of said breach and in bringing the action for specific performance. b. the right to damages arising out of breach of the terms of this Agreement, which damages shall .include reimbursement of all attorney's fees and costs .incurred as the result of the breach and in bring.ing the damage act..ion, o. the right to all remedies set forth in Section 3502(e) of the Pennsylvania Divorce Code, 23 Pa, C,S.A, 3502 (e), an any addi tional rights and remedies that may hereafter be enacted by virtue of the amendment of said Section or replacement thereof by any other similar laws, which remedies shall include, but not limited to: 1. the entry of judgment; 2. the authorization of the taking and seizure of goods and chattels and collection of rents and profHs of real and personal and tangible and intangible property; 3. the award of interest on any unpaid installment; 4. the transfer and sale of any property required to obtain compliance with the obI igations undertaken by this Agreement; 5. the posting of security to insure future payments to assure compliance with the obligations undertaken by this Agreement; DIANE G. RADCLIFF 3448 TRINDlE ROAD CAMP Hill. PA 17011 17171737.0100 Page 17 of 20 DIANE O. RADCLIFF 3448 TRINDI.E ROAD CAMP HILL, PA 17011 (7171737.0100 Ii, the itlsuance of attachment proceedings and the holding of the breaching party to be in contempt and the making of appropriate order therefor including, but not limited to, commitment of the breaching party to county jail for a period not to exceed six (6) months. 7. the award of counsel fees and costs, 8, the attachment of the breaching party's wages, d, Any other remedies provided for in law or in equity, 3 Ii . LAW OF PErmSYLYANIA._A~~LI.CABLE.J. This Agreement shall be construed in accordance with the laws of the Commonwealth of Pennsylvania, 37 . SE.'lERAB.ILI'U , 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 remain valid and continue in full force, effect and operation. L.ikewise, the failure of either party to meet his or her obligations under this Agreement under anyone or more of the paragraphs hereunder, with the exception of the satisfaction of a condi tion precedent, shall in no way avoid or al ter the remaining obligations of the parties, 38 . HEAlUNGS--HO.TJ~Q~AGREEMENT_J. Any headings preceding the text of the several paragraphs and subparagraphs hereof, are i'flSerted solely for convenience of reference and shall not constitute a part of this Agreement nor shall they affect its meaning, construction or effect, Page 18 of 20 , , IN THE COURT OF COMMON PLEAS OF CUMBERl,AND COUNTY, PE:NNSYloVAtlIA SUSANNAH L, KEPPLE, PlainUU v, NO, 98-241'5 CIVIL TERM CIVIL ACTION .. LAW DIVORCE JOHN PAUL KEPPLE, Defendant PRAECIPE OF TRANSMIT RECORD 1'0 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 SecUon 3301 (c) of the Divorce Code, 2. Date a. b, and manner of service of the complaint: Date: May I, 1998 Manner: Acceptance of Service form signed by Defendant 3, Date 3301 a, b, of execution of the affidavit (c) of the Divorce Code: Plaintiff: 7/31/98 Defendant: 7/31/98 of consent required by Section QR Date of execution of the Plaintiff's affidavit required by Section 3301(d) of the Divorce Code and date of service of the Plaintiff's 3301 (d) affidavit upon the Defendant, a. Date of execution: n/a b, Date of filing, n/a c, Date of service, n/a 4, Related claims pending: No issues are pending. All issues have been resolved pursuant to the Marriage Settlement Agreement between the I?arties dated July 30, 1998 which Agreement is to be incorporated lnto but not merged with the Divorce Decree, . 5. Date and manner of service of the Notice of Intention to file Praecipe to Transmit Record, a copy of which is attached, if the decree is to be entered under Section 3301 (d) (I) (i) of the Divorce Code: a. Date of Service: n/a b, Manner of Service: n/a. OR Date Waiver of Notice in Section 3301(c) Divorc~ was filed with the Prothonotary: a. Plaintiff's Waiver: 8/5/98 b, Defendant's Waiver: 8/5/98 \ " '. IN THE: COUR'!' OD' COMMON PLEAS OF' CUMBERLAND COUNTY, PENNSYLVANIA SUSANNAH L, KEPn,E, PIa inti ff v, NO, 98-2415 CIVIL TERM CIVIL ACTION - LAW DIVORCE JOI.IN PAUL KEPPLE, Defendant DBr..DAMT'S ACCEPTAMCE OF SER~ I, JOHN PAUL KEPPLE, the Defendant in the above captioned divorce action, hereby accept service of the Complaint in Divorce filed in the Court of Common Pleas of Cumberland County, pennsylvania on April 29, 199B J~~~ll".Q Date: f11l~1 I, /?,}g , . DIANE G, RADCLIFF 3448TRINDLE ROAD CAMP HILL, PA 17011 (7171737.0100 '- ,. '. 'f i , I I 'I ., l1~ r~: 11.1('" (") -" ' p', ~-- ,f,. (,If C,il In'. . , n.',' I 1,1. C) ttJ (I; dj (~: A~ (~g:5 ,.,) ::c :'1[2 ,/i;~1 uJtiY ,,::ltl.. a ,:tJ '"'J I <"IJ t',) 1;;;;( [l;r