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HomeMy WebLinkAbout07-1387MEGGAN J. ARMSTRONG, Plaintiff V. STEPHEN ARMSTRONG, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 3007 1. , LQ-T?4_'n 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 in 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 divorce is indignities or irretrievable breakdown of marriage, you may request marriage counseling. A list of marriage counselors is available in the Office of the Prothonotary, Cumberland County Courthouse, One Courthouse Square, Carlisle, Pennsylvania. IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY, LAWYER'S FEES, OR EXPENSES BEFORE A DIVORCE OR ANNULMENT IS GRANTED, YOU MAY LOSE THE RIGHT TO ANY OF THEM. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELEGIBLE PERSONS AT A REDUCED FEE OR NO FEE. CUMBERLAND COUNTY BAR ASSOCIATION 2 Liberty Avenue Carlisle, PA 17013 Telephone: (717) 249-3166 AVISO USTED HA SIDO DEMANDADO/A EN CORTE. Si usted desea defenderse de las demandas que se presentan mas adelante en las siguientes paginas, debe tomar acci6n dentro de los pr6ximos veinte (20) dias despu6s de la notificaci6n de esta Demanda y Aviso radicando personalmente o por medio de un abogado una comparecencia escrita y radicando en la Corte por escrito sus defensas de, y objeccionnes a, las demandas presentadas aqui en contra suya. Se le advierte de que si usted falla de tomar acci6n como de describe anteriormente, el caso puede proceder sin usted y un fallo por cualquier suma de dinero reclamada en la demanda o cualquier otra reclamaci6n o remedio solicitado por el demandante puede ser dictado en contra suya por la Corte sin mas aviso adicional. Usted puede perder dinero o propiedad u otros derechos importantes para usted. USTED DEBE LLEVAR ESTE DOCUMENTO A SU ABOGADO INMEDIATAMENTE. SI USTED NO TIENE UN ABOGADO, LLAME O VAYA A LA SIGUIENTE OFICINA. ESTA OFICINA PUEDE PROVEERLE INFORMACION A CERCA DE COMO CONSEGUIER UN ABOGADO. SI USTED NO PUEDE PAGAR POR LOS SERVICIOS DE UN ABOGADO, ES POSIBLE QUE ESTA OFICINA LE PUEDA PROVEER INFORMACION SOBRE AGENCIAS QUE OFREZCAN SERVICIOS LEGALES SIN CARGO O BAJO COSTO A PERSONAS QUE CUALIFICAN. CUMBERLAND COUNTY BAR ASSOCIATION 2 Liberty Avenue Carlisle, PA 17013 Telephone: (717) 249-3166 MEGGAN J. ARMSTRONG, Plaintiff V. STEPHEN ARMSTRONG, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 0'7 -- /.,1 e 7 `t v L CIVIL ACTION -LAW IN DIVORCE COMPLAINT IN DIVORCE 1. The Plaintiff is Meggan J. Armstrong, an adult individual currently residing at 1059 York Road, Dillsburg, York County, Pennsylvania, 17019. 2. The Defendant is Stephen Armstrong, an adult individual residing at 1448 Timber Brook Drive, Mechanicsburg, Cumberland County, Pennsylvania. 17050. 3. Plaintiff and Defendant have been bona fide residents in the Commonwealth of Pennsylvania, for a period in excess of six (6) months immediately previous to the filing of this Complaint. 4. Plaintiff and Defendant were married on December 4, 1999, in Cumberland County, Pennsylvania. 5. A prior action of divorce was filed on or about August 11, 2006, in Potter County, Pennsylvania, docket number 2006-3553, which was subsequently withdrawn. 6. This action is not collusive. 7. Plaintiff and Defendant separated on or about June 16, 2006. 8. The causes of action and sections of the Divorce Code under which Plaintiff is proceeding are: A. Section 3301(c) - The marriage of the parties is irretrievably broken. B. Section 3301(d) - The marriage of the parties is irretrievably broken. The parties separated on or about June 16, 2006. C. Section 3301(a)(6) - The Defendant has offered such indignities to the Plaintiff, the innocent and injured spouse, as to render her condition intolerable and her life burdensome. 9. Plaintiff and Defendant have one child under the age of eighteen, namely Landrie Adore Armstrong, born May 12, 2002. 10. Plaintiff has been advised of the availability of marriage counseling and understands that she may request that her spouse and she participate in counseling. 11. Plaintiff does not request that the Court require that her spouse and she participate in counseling prior to a divorce decree being handed down by this Court. WHEREFORE, Plaintiff respectfully requests this Honorable Court enter a final decree in divorce. COUNT I EQUITABLE DISTRIBUTION 12. Paragraphs one through eleven are incorporated herein by reference. 13. During their marriage, Plaintiff and Defendant have acquired various items of marital property, both real and personal, which are subject to equitable distribution under Sections 3501 et.sea • of the Divorce Code of 1980. WHEREFORE, Plaintiff respectfully requests this Honorable Court equitably distribute all marital property, both real and personal, owned by the parties. COUNT II ALIMONY 14. Paragraphs one through thirteen are incorporated herein by reference. 15. Plaintiff lacks sufficient property to provide for her reasonable needs. 16. Plaintiff is unable to sufficiently support herself through appropriate employment. 17. Defendant has sufficient income and assets to provide continuing and indefinite support for the Plaintiff. WHEREFORE, Plaintiff requests this Honorable Court compel the Defendant to pay alimony to the Plaintiff. COUNT III ALIMONY PENDENTE LITE, COUNSEL FEES, COSTS AND EXPENSES 18. Paragraphs one through seventeen are incorporated herein by reference. 19. By reason of the institution of the action to the above term and number, Plaintiff will be and has been put to considerable expense in the preparation of her case, in the employment of counsel, and the payment of costs. 20. Plaintiff is without sufficient funds to support herself and to meet the costs and expenses of this litigation and is unable to appropriately maintain herself during the pendency of this action. 21. The Plaintiff's income is not sufficient to provide for her reasonable needs and pay her attorney's fees and the costs of this litigation. 22. The Defendant has adequate earnings to provide support for the Plaintiff and to pay her counsel fees, costs and expenses. WHEREFORE, Plaintiff respectfully requests this Honorable Court compel the Defendant to pay alimony pendente lite as well as pay the Plaintiff's counsel fees, costs and expenses. i Date: Respectfully submitted, THE LAW OFFICES OF SILLIKER & REINHOLD ? l Kristin` . Reinhold, Es uire 5922 Linglestown Road Harrisburg, PA 17112 (717) 671-1500 I.D. No. 57911 Attorney for Meggan J. Armstrong z _.? ?: ,?_ AFFIDAVIT I? rnQ n Ar mS4Y -vn , hereby certify that the aforegoing is true and correct to the best of my knowledge, information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C. S. 4909 relating to unsworn falsifications to authorities. Dated: 4&IQ-2- x f l?J ? n , ? 1 1 1v? T1 ?? r• , `rte.; ? II (_I w MEGGAN J. ARMSTRONG, Plaintiff V. STEPHEN ARMSTRONG, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA : NO. 07-1387 CIVIL TERM CIVIL ACTION -LAW IN DIVORCE ACCEPTANCE OF SERVICE I, Timothy J. O'Connell, Esquire, attorney for Stephen Armstrong, Defendant, hereby certify that I accept service on his behalf of a Complaint in Divorce in the above-captioned matter on or about 2, 2007, by first-class mail, postage prepaid. I hereby certify that the aforegoing is true and correct to the best of my knowledge, information and belief. 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: ItIA'04lb 10o othy J. O' onnell, Esquire `T _r. rn ra CID MEGGAN J. ARMSTRONG, : IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff, V. : CIVIL ACTION - LAW DIVORCE STEPHEN ARMSTRONG, Defendant :NO. 07-1387 PRAECIPE TO WITHDRAW APPEARANCE Kindly withdraw the appearance of Timothy J. O'Connell, Esquire on behalf Stephen Armstrong, Defendant in the above referenced matter. Respectfully submitted: By: T' othy J. O'Connell, Esquire Afttorney ID No.: 0 S7 61c) 4415 North Front Street Harrisburg, PA 17110 717-232-4551 0 s JW MEGGAN J. ARMSTRONG, : IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff, V. : CIVIL ACTION - LAW DIVORCE STEPHEN ARMSTRONG, Defendant :NO. 07-1387 PRAECIPE TO ENTER APPEARANCE Kindly enter the appearance of Melissa L. Van Eck, Esquire on behalf of Stephen Armstrong, Defendant in the above referenced matter. Date:- is Respectfully submitted: By: Melissa L. Van Eck, Esquire Attorney ID No.: 85869 7810 Allentown Blvd. Suite B. Harrisburg, PA 17112 (717)540-5406 Attorney for Defendant ra 1 _ ?f7F f IT, lC7 MEGGAN J. ARMSTRONG, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 2007-1387 STEPHEN ARMSTRONG, CIVIL ACTION -LAW Defendant IN DIVORCE AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed on March 12, 2007. 2. The marriage of the Plaintiff and Defendant is irretrievably broken, and ninety days have elapsed since the date of filing and service of the Complaint. 3. I consent to the entry of a Final Decree in Divorce after service of notice of intention to request entry of the decree. 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. § 4904, relating to unsworn falsifications to authorities. Date: ho A & '_?x ? efl_____? Megganng rw rr' trs F i ` r ? S r MEGGAN J. ARMSTRONG, Plaintiff V. STEPHEN ARMSTRONG, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA : NO. 2007-1387 CIVIL ACTION -LAW IN DIVORCE AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed on March 12, 2007. 2. The marriage of the Plaintiff and Defendant is irretrievably broken, and ninety days have elapsed since the date of filing and service of the Complaint. 3. I consent to the entry of a Final Decree in Divorce after service of notice of intention to request entry of the decree. 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. § 4904, relating to unsworn falsifications to authorities. Date: ?/ /O/ o 'Stephen Armstrong na cc? err . _. cry ._. . MEGGAN J. ARMSTRONG, Plaintiff V. STEPHEN ARMSTRONG, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA : NO. 2007-1387 CIVIL ACTION - LAW IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER SECTION 3301(c) OF THE DIVORCE CODE 1. I consent to the entry of a final Decree in Divorce without notice. 2. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if I do not claim them before a divorce is granted. 3. I understand that I will not be divorced until a Divorce Decree is entered by the Court and that a copy of the Decree will be sent to me immediately after it is filed with the Prothonotary. I verify that the statements made in this Affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904 relating to unsworn falsification to authorities. Date: A eq- 72oa:?,n Meggan 1?1"`g r r; rrl a .? ? R:3 i E i?T "C3 MEGGAN J. ARMSTRONG, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 2007-1387 STEPHEN ARMSTRONG, CIVIL ACTION -LAW Defendant IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER SECTION 3301 (c) OF THE DIVORCE CODE 1. I consent to the entry of a final Decree in Divorce without notice. 2. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if I do not claim them before a divorce is granted. 3. I understand that I will not be divorced until a Divorce Decree is entered by the Court and that a copy of the Decree will be sent to me immediately after it is filed with the Prothonotary. I verify that the statements made in this Affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904 relating to unworn falsification to authorities. Date: 91 A /A &-4? ephen Armstrong - _ a c°sa? -`? ???? ?' -?- `t? ,? ^??: " C? W-1381 MARITAL SETTLEMENT AGREEMENT THIS AGREEMENT, made this day of SCVk f1?1 200#, by and between Stephen Armstrong (hereinafter "Husband") of Harrisburg, Dauphin County, Pennsylvania and Meggan J. Armstrong (hereinafter "Wife") of Mechanicsburg, Cumberland County, Pennsylvania. WITNESSETH: WHEREAS, the parties hereto married on December 4, 1999, in Cumberland County, Pennsylvania; and WHEREAS, the parties acknowledge that they have been living separate and apart since June 16,2006; and WHEREAS, a divorce action was filed by Wife as Plaintiff on or about March 12, 2007, in the Cumberland County Court of Common Pleas to Docket 07-1387 Civil Term; and WHEREAS, difficulties have arisen between the parties and it is therefore their intention to live separate and apart for the rest of their lives and the parties are desirous of settling completely the economic and other rights and obligations between each other, including, but not limited to: the equitable distribution of the martial property; and, in general, any and all other claims and possible claims by one against the other or against their respective estates; and NOW THEREFORE, in consideration of the covenants and promises hereinafter to be kept and performed by each party and intending to be legally bound hereby, the parties do hereby agree as follows: 1. ADVICE OF COUNSEL. The provisions of this agreement and the legal effect have been fully explained to the parties by their respective counsel. Husband is represented by Melissa L. Van Eck, Esquire. Wife is represented by Kristin Reinhold, Esquire The parties further declare that each is executing the Agreement freely and voluntarily having either obtained sufficient knowledge and disclosure of their respective legal rights and obligations or, if counsel has not been consulted, expressly waiving the right to obtain such knowledge. The parties each acknowledge that this Agreement is fair and equitable and is not the result of any fraud, coercion, duress, undue influence or collusion. 2. DIVORCE ACTION. The parties acknowledge that their marriage is irretrievably broken and that they shall secure a mutual consent no fault divorce pursuant to § 3301(c) of the Divorce Code. The parties agree to execute Affidavits of Consent for divorce and Waivers of Notice of Intention to Request Entry of a Divorce Decree concurrently with the execution of this Agreement. 3. 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 the 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. 4. MUTUAL RELEASES. Each party absolutely and unconditionally releases the other and the estate of the other from any and all rights and obligations which either may have for past, present, or future obligations, arising out of the marital relationship or otherwise, including all rights and benefits under the Pennsylvania Divorce Code of 1980, and amendments except as described herein. Each party absolutely and unconditionally releases the other and his or her heirs, executors and estate from any claims arising by virtue of the marital relationship of the parties. The above release shall be effective whether such claims arise by way of widow's or widower's rights, family exemption, or under the intestate laws, or the other as testamentary, or all other rights of a surviving spouse 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. Except for any cause of action for divorce which either party may have or claim to have, each party gives to the other by execution of this Agreement an absolute and unconditional release from all claims whatsoever, in law or inequity which either party now has against the other. 5. FINANCIAL AND PROCEDURAL DISCLOSURE. The parties confirm that each has relied on the accuracy of the financial disclosure of the other as an inducement to the execution of this Agreement. Each party understands that he/she had the right to obtain from the other party a complete inventory or list of all property that either or both parties owned at the time of separation or currently and that each party had the right to have all such property valued by means of appraisals or otherwise. Both parties understand that they have a right to have a court hold hearings and make decisions on the matters covered by this Agreement. Both parties hereby acknowledge that this Agreement is fair and equitable, and that the terms adequately provide for his or her interests, and that this Agreement is not a result of fraud, duress or undue influence exercised by either party upon the other or by any person or persons upon either party. 6. SEPARATION/NON INTERFERENCE. Husband and Wife may and shall, at all times hereafter, live separate and apart. They shall be free from any interference, direct or indirect, by the other in all respects as fully as if they were unmarried. 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 harass, disturb or malign each other or the respective families of each other. 7. DEBTS. The parties acknowledge that they have no debts which were jointly incurred during their marriage with the exception of monies owed to the Comcast and Columbia Gas. Husband agrees to pay the outstanding balances owed on the Comcast and Columbia Gas bills within sixty (60) days from the date of execution of this Agreement. Husband agrees to be solely responsible for any debts owed Castle Ridge Apartments and holds wife harmless. Husband represents and warrants to Wife that since the separation he has not, and in the future he will not, contract or incur any debt or liability for which Wife or her estate might be responsible, and he shall indemnify and save Wife harmless from any and all claims or demands made against her by reason of such debts or obligations incurred by him since the date of said separation, except as otherwise set forth herein. Wife represents and warrants to Husband that since the separation she has not, and in the future she will not, contract or incur any debt or liability for which Husband or his estate might be responsible, and she shall indemnify and save Husband harmless from any and all claims or demands made against him by reason of such debts or obligations incurred by her since the date of said separation, except as otherwise set forth herein. 8. RETIREMENT BENEFITS Each of the parties does specifically waive, release, renounce and forever abandon all of his or her right, title, interest or claim, whatever it may be, in any pension/retirement/profit sharing/IRA plan of the other party, whether acquired through said other parties' employment or otherwise, and hereafter said pension/retirement/profit sharing/IRA plan shall become the sole and separate property of the party in whose name or whose employment said plan is carried. The parties hereto acknowledge that neither party has an interest in any type of retirement plan as of their date of separation. 9. BANK ACCOUNTS The parties acknowledge that they have divided the marital bank accounts to their satisfaction. The bank accounts held solely in individual names shall become the sole and separate property of the party in whose name it is registered. Each party does hereby specifically waive and release his/her right, title and interest in the other party's respective accounts. 10. PERSONAL PROPERTY The parties hereto mutually agree that they have divided all furniture, household furnishings and personal property between them in a manner agreeable to both parties. The parties mutually agree that each party shall from and after the date of this Agreement be the sole and separate owner of all tangible personal property in his or her possession. 11. VEHICLES Husband shall retain sole and exclusive ownership of the 2000 Nissan Maxima vehicle currently in his possession and agrees to assume sole responsibility for all outstanding encumbrances, if any. Husband hereby acknowledges that he is solely responsible for the debt due and owing on the 2000 Nissan Maxima. Husband hereby indemnifies and holds wife harmless as a result of the debt due and owing on said vehicle. Wife hereby indemnifies and holds husband harmless on the lease contract of the 2005 Chevrolet Cobalt automobile. Both parties agree to execute, within thirty (30) days of the date of this Agreement, any and all forms, titles and documents necessary to transfer the aforesaid vehicle from join ownership to individual ownership, as specified herein. 12. AFTER-ACQUIRED PROPERTY Each of the parties shall own and enjoy, independently of any claims or rights of the other all real property and all items of personal property, tangible or intangible, hereafter acquired, with full power to dispose of the same as fully and effectively as though he or she were unmarried. Any property so acquired shall be owned solely by that party and the other party shall have no claim to that property. 13. BANKRUPTCY OR REORGANIZATION PROCEEDINGS In the event that either party become a debtor in any bankruptcy or financial reorganization proceedings of any kind while any obligations remain to be performed by that party for the benefit or the other party pursuant to the provisions to this Agreement, the debtor spouse hereby waives, releases and relinquishes any right to claim any exemption (whether granted under State or Federal law) to any property remaining in the debtor as a defense to any claim made pursuant hereto by the creditor-spouse as set forth herein, including attorney fees and costs incurred in the enforcement of this paragraph or any other provision of this Agreement. No obligation created by this Agreement shall be discharged or dischargeable, regardless of Federal or State law to the contrary, and each party waives any and all right to assert that obligation hereunder is discharged or dischargeable. The parties mutually agree that in the event of bankruptcy or financial reorganization proceedings by either party in the future, any monies to be paid to the other party, or to a third party, pursuant to the terms of this Agreement shall constitute support and maintenance and shall not be discharged in bankruptcy. 14. ALIMONY, SUPPORT, AND ALIMONY PENDENTE_LITE The parties hereby expressly waive, release, discharge and give up any and all rights or claims which either may now or hereafter waive for spousal support, alimony, pendent elite, alimony, or maintenance. The parties further release any rights that they may have to seek modification of the terms of this Agreement in a court of law or equity, with the understanding that this Agreement constitutes a final determination for all time of either party's obligations to contribute to the support or maintenance of the other. 15. TAX MATTERS. The parties have negotiated this Agreement with the understanding and intention to divide their mutual property. The parties have determined that such division conforms to a right and just standard with regard to the rights of each party. The division of existing marital property is not, except as may be otherwise expressly provided herein, intended by the parties to constitute in any way a sale or exchange of assets. It is understood that the property transfers described in this Agreement fall within the provisions of Section 1041 of the Internal Revenue Code, and as such will not result in the recognition of any gain or loss upon the transfer by the transferor. 16. ATTORNEY FEES, COURT COSTS. Each party hereby agrees to be solely responsible for his or her own counsel fees, costs and expenses. Neither shall seek any contribution thereto from the other party except as otherwise expressly provided herein. 17. ATTORNEYS' FEES FOR ENFORCEMENT. In the event that either party breaches any provision of this Agreement and the other party retains counsel to assist in enforcing the terms thereof, the breaching party will pay all reasonable attorneys' fees, court costs and expenses (including interest and travel costs, if applicable) which are incurred by the other party in enforcing this Agreement, whether enforcement is ultimately achieved by litigation or by amicable resolution. It is the specific Agreement and intent of the parties that a breaching or wrongdoing party shall bear the obligation of any and all costs, expenses and reasonable counsel fees incurred by the nonbreaching party in protecting and enforcing this or her rights under this Agreement. 18. WAIVER OF RIGHTS. Both parties hereby waive the following procedural rights: (a) The right to obtain an inventory and the appraisement of all marital and non-marital property; (b) The right to obtain an income and expense statement of either party; (c) The right to have all property identified and appraised; (d) The right to discovery as provided by the Pennsylvania Rules of Civil Procedure; (e) The right to have the court make all determinations regarding marital and non-marital property, equitable distribution, spousal support, alimony pendent elite, alimony, counsel fees and costs and expenses. 19. EFFECT OF DIVORCE DECREE ON AGREEMENT. Either party may enforce this Agreement as provided in section 3105(a) of the Divorce Code, as amended. As provided in section 3105(c), provisions of this Agreement regarding equitable distribution, alimony, alimony pendent elite, counsel fees or expenses shall not be subject to modification by the court. 20. HEADINGS NOT A PART OF THIS AGREEMENT. The descriptive headings preceding these paragraphs are for convenience and shall not affect the meaning, construction or effect this Agreement. 21. SEVERABILITY AND INDEPENDENT AND SEPARATE COVENANTS. Each separate obligation shall be deemed to be a separate and independent covenant and agreement. 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. 22. MUTUAL COOPERATION. Wife and Husband shall mutually cooperate with each other in order to carry through the terms of this Agreement, including but not limited to, the signing of documents. 23. VOID CLAUSES. 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. 24. APPLICABLE LAW. This Agreement shall be construed under the laws of the Commonwealth of Pennsylvania and more specifically under the Divorce Code of 1980, as amended. 25. ENITRE AGREEMENT. This Agreement contains the entire understanding of the parties, and there are no representations, warranties, convents or undertakings other than those expressly set forth herein. 26. MODIFICATION OR WAIVER TO BE IN WRITING. No modification or waiver of any term of this Agreement shall be valid unless in writing and signed by both parties. 27. NO WAIVER OF DEFAULT. The failure of either party to insist upon strict performance of any term of this Agreement shall in no way affect the right of such party hereafter to enforce the term. 28. CONTRACT INTERPRETATION. For purposes of contract interpretation and for the purposes in resolving any ambiguity herein, the parties agree that this Agreement was prepared jointly by the parties. IN WITNESS WHEREOF, the parties hereto have set their hands and seals of the day first above written. This Agreement is executed in duplicate, and in counterparts. Wife and Husband acknowledge the receipt of a duly executed copy hereof. Witness tephen Armstrong 011* 1 PM A CM - V -;% I Al 101/;? I Witness CT I Meggan J ng ?['} N t°? ? ? ' ? c-? " R , t i Cn . ":7 ('T7 ? '7'e r ? ? ? ?l a w ? C?T'1 ?? -- ? fV MEGGAN J. ARMSTRONG, Plaintiff V. STEPHEN ARMSTRONG, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 2007-1387 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: irretrievable breakdown under Section (X) 3301 3301 d of the Divorce Code. (Check applicable section.) 2. Date and manner of service of the Complaint: March 16, 2007 by first-class mail. 3. Complete either (a) or (b). (a) Date of execution of the Affidavit of Consent required by Section 3301(c) of the Divorce Code: September 10, 2008 by Plaintiff; September 10, 2008 by Defendant. (b) (1) Date of execution of the Plaintiff's Affidavit required by Section 3301(d) of the Divorce Code: (2) Date of service of the Plaintiff s Affidavit upon the Defendant: 4. Related claims pending: The Marriage Settlement Agreement between the parties shall be incorporated but shall not merge with the final Decree in Divorce. 5. Complete either (a) or (b). (a) Date and manner of service of Notice of Intention to File Praecipe to Transmit Record, a copy of which is attached: (b) Date Plaintiff's Waiver of Notice in §3301(c) Divorce was filed with the Prothonotary: September 17, 2008. Date Defendant's Waiver of Notice in §3301(c) Divorce was filed with the Prothonotary: September 17, 2008. 6. Social Security Numbers: (a) Plaintiff. 321-78-4138 (b) Defendant: 169-70-4392 Flip 0` z IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY STATE OF PENNA. MEGGAN J. ARMSTRONG, Plaintiff NO. 2007-1387 VERSUS STEPHEN ARMSTRONG, Defendant DECREE IN DIVORCE c:-?o.'3ss'?' . AND NOW, IT IS ORDERED AND DECREED THAT Meggan J. Armstrong PLAINTIFF, AND Stephen Armstrong 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 Marriage Settlement Agreement between the parties shall be ce. PROTHbQbTARY AT-MST: 4 A J. ?V- fic' b ,v-hCf- ?