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HomeMy WebLinkAbout03-1048 GOLDBERG, KATZMAN & SIDPMAN, P.C. Paul J. Esposito - 10. #25454 Attorneys for Plaintiff 320 Market Street, Strawberry Square Post Office Box 1268 lIanrisburg,PA 17108-1268 (717) 234-4161 CAROL F. PENNINGTON, Plaintiff, v. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CML ACTION - LAW FRED A. PENNINGTON, JR., Defendant. NO. 03 - 1041' IN DIVORCE C;u~l t-~ NOTICE TO DEFEND AND CLAIM RIGHTS You have been sued in Court. If you wish to defend against the claims set forth in the following pages, you must take prompt action. You are warned that if you fail to do so, the case may proceed without you and a decree of divorce or annulment may be entered against you by the Court. A judgment may also be entered against you for any other claim or relief requested in these papers by the plaintiff. You may lose money or property or other rights important to you, including custody or visitation of your children. When the ground for divorce is indignities or irretrievable breakdown of the marriage, you may request marriage counseling. A list of marriage counselors is available in the Office of the Prothonotary at the Cumberland County Courthouse, 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 CLAIM ANY OF THEM. YOU SHOULD TAKE THIS PAPER TO YOUR LA WYERAT ONCE. IF YOU DO NOT HA VE 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 2 Liberty Avenue Carlisle, P A 17013 (717) 249-3166 .. A VISO USTED HA smo DEMANDADO/A EN CORTE. Si usted desea defenderse de las demandas que se presentan mas adelante en las siguientes paginas, debe tomar accion dentro de los proximos veinte (20) dias despues de la notificacion de esta Demanda y A viso radicando personalmente 0 por medio de en abogado una comparecencia escrita y radicando en la Corte por escrito sus defensas de, y objecciones a, las demandas presentadas aqui en contra suya. Se Ie advierte de que si usted falla de tomar accion como se describe anteriormente, el caso puede proceder sin usted y un falIo por cualquier suma de dinero reclamada en la demanda 0 cualquier otra reclamacion 0 remedio solicitado por el demandante puede ser dictado en contra suya por la Corte sin mas aviso adicional. U sted puede perder dinero 0 propiedad u otros derechos importantes para usted. USTED DEBE LLEVAR ESTE DOCUMENTO A SU ABOGADO IMMEDIATAMENTE. SIUSTED NO TIENE UN ABOGADO 0 NO PUEDEP AGARLE A UNO, LLAME 0 VA Y A A LA SIGUIENTE OFICINA PARA A VERIGUAR DONDE PUEDE ENCONTRAR ASISTENCIA LEGAL. CUMBERLAND COUNTY BAR ASSOCIATION 2 Liberty Avenue Carlisle, PA 17013 (717) 249-3166 ANGELA L. MULLIS, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYL VANIA v. : CIVIL DIVISION - LAW ROBERT C. MULLIS, Defendant : NO.2003- JOLlL.. CIVIL TERM : IN DIVORCE NOTICE TO DEFEND AND CLAIM RIGHTS You have been sued in Court. If you wish to defend against the claims set forth in the following pages, you must take prompt action. You are warned that if you fail to do so, the case may proceed without you and a decree of divorce or annulment may be entered against you by the Court. A judgment may also be entered against you for any other claim or relief requested in these papers by the Plaintiff. You may lose money or property or other rights important to you, including custody or visitation of your children. When the grounds for the divorce is indignities or irretrievable breakdown of the marriage, you may request marriage counseling. A list of marriage counselors is available in the Prothonotary's Office at the Cumberland County Courthouse, 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 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 32 SOUTH BEDFORD STREET CARLISLE, P A 17013 (717) 249-3166 .. GOLDBERG, KATZMAN & SHIPMAN, P.C. Paul 1. Esposito. Esquire - I.D. #25454 320 Market Street Post Office Box 1268 Harrisburg, PA 17108-1268 Attorneys for Plaintiff v. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYL VANIA CIVIL ACTION - LAW CAROL F. PENNINGTON, Plaintiff, FRED A. PENNINGTON, JR., Defendant. NO. 03 - I04? IN DIVORCE o;u't.,L '=--rER...>L- WAIVER OF COUNSELING CAROL F. PENNINGTON, being duly sworn according to law, deposes and says: 1. I have been advised of the availability of marriage counseling and understand that I may request that the Court require my spouse and I to participate in counseling. 2. I understand that the Court maintains a list of marriage counselors in the Office of the Prothonotary, which list is available to me upon request. 3. Being so advised, I do not request that the Court require that my spouse and I participate in counseling prior to a divorce decree being handed down by the Court. I verify that the statements made in this Waiver 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: ~ /~ /13 I I '\...i CAROL F. PENNINGTO GOLDBERG, KATZMAN & SHIPMAN, P.C. Paul J. Esposito, Esquire - lD. #25454 320 Market Street Post Office Box 1268 Harrisburg, PA 17108-1268 Attorneys for Plaintiff CAROL F. PENNINGTON, Plaintiff, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v. CIVIL ACTION - LAW NO. 03 - JOLl f IN DIVORCE (7, ',-,~L 'T~ FRED A. PENNINGTON, JR., Defendant. COMPLAINT IN DIVORCE 1. Plaintiff, CAROL F. PENNINGTON, is an adult individual, who currently resides at 307 Belaire Drive, Shiremanstown, Cumberland County, Pennsylvania. 2. Defendant, FRED A. PENNINGTON, JR., is an adult individual, who currently resides at 47 South 18th Street, Camp Hill, Cumberland County, Pennsylvania. 3. Plaintiff avers that she has been a bona fide resident in the Commonwealth of Pennsylvania for a period of at least six (6) months previous to the filing of this Complaint 4. The parties were married on November 30, 1968, in Schuylkill County, Pennsylvania. 5. There have been no prior actions of divorce or annulment filed by either of the parties hereto. 6. Plaintiffhas been advised of the availability of counseling and that Plaintiffhas the right to request that the Court require the parties to participate in counseling. 7. The Defendant in this action is not presently a member of the United States Armed Forces or of any of its allies. 8. Plaintiff requests the court to enter a decree of divorce. COUNT I 9. The averments of Paragraphs 1 through 8 herein are hereby incorporated by reference thereto. 10. The marriage is irretrievably broken. WHEREFORE, Plaintiff prays Your Honorable Court to: ( a) Enter a Decree in Divorce, divorcing the Plaintiff from the bonds of matrimony heretofore existing between Plaintiff and Defendant; and (b) Order such other relief as the Court deems just and reasonable. Respectfully submitted, GOLDBERG, KATZMAN & SHIPMAN, P.C. By 1 PAUL . ES SITO, ESQUIRE Supreme Court ill #25454 Post Office Box 1268 Harrisburg, PA 17018-1268 Attorneys for Plaintiff (717) 234-4161 91743.1 VERIFICATION I verify that the statements contained in the foregoing COMPLAINT IN DIVORCE are true and correct to the best of my knowledge, information and belief. I understand that false statements contained herein are made subject to the penalties of 18 Pa.C.S. Section 4904 relating to unsworn falsification to authorities. Date: 3 /2 /03 I I (!~~-:f ~ CAROL F. PENNINGTON f:J (:) -tQ. ~~ ~ - ~ w !; 0 ~ ~ f!. f! J- .. .....:> ~~ .. ~ €J , MARITAL SETTLEMENT AGREEMENT j/ 1 I THIS AGREEMENT, Made this #'- day of M/I't'IJ7J//Jt ,2004, by and between Fred A. Pennington, Jr., hereinafter referre to as "Husband", and Carol F. Pennington, hereinafter referred to as "Wife". WITNESSETH: WHEREAS, Husband and Wife were lawfully married on November 30, 196 ; and WHEREAS, two children were born of this marriage, namely, Jon Christophe born January 3, 1972, and Stephen Conrad, born March 30, 1973; and WHEREAS, certain differences have arisen between the parties as a result of hich they have separated and now live separate and apart from one another, and are desirous of s ttling fully and finally their respective financial and property rights and obligations as betwee each other, including, without limitation by specification: the settling of all matters between them relating to the past, present and future support and/or maintenance of Wife by Husband r of Husband by Wife; and in general the settling of any and all claims and possible claims bone against the other or against their respective estates for equitable distribution of all marital pro erty; and a resolution of all mutual responsibilities and rights growing out of the marriage relatio ship; and WHEREAS, the parties engaged in mediation with Jennifer Lehman on April 10, 2001, reached a mediated agreement with regard to the disposition of their propert and the economic issues surrounding the divorce; and WHEREAS, the parties do not desire to re-negotiate or re-visit these issues; an WHEREAS, the parties hereto, after being properly advised by their respe tive counsel, Husband by his attorney, Sandra 1. Meilton, Esquire, and Wife by her attorney, P ul J. Esposito, Esquire, have come to the following agreement: NOW THEREFORE, in consideration of the above recitals and the folio ing covenants and promises mutually made and mutually to be kept, the parties heretofore, intendi g to be legally bound and to legally bind their heirs, successors and assigns thereby, covenant, pro ise and agree as follows: I. SEPARATION: It shall be lawful for each party at all times hereafter to live separate and apart from the other at such place or places as he or she may from time to time choose or deem t. 2. PERSONAL RIGHTS: Husband and Wife may and shall, at all times hereafter, live separ e and apart. Each shall be free from all control, restraint, interference and authority, direct or indir ct, by the other. Each may reside at such place or places as he or she may select. Husband and Wi shall not harass, disturb or malign each other or the respective families of each other. Neither p will interfere with the use, ownership, enjoyment or disposition of any property now owned by or hereafter acquired by the other. 3. WIFE'S DEBTS: Wife represents and warrants to Husband that since their separati n on November 30, 1997, she has not, and in the future she will not, contract or incur any d bt or liability for which Husband or his estate might be responsible and shall indemnify and save Husband harmless from any and all claims or demands made against him by reason of de ts or obligations incurred by her. 4. HUSBAND'S DEBTS: Husband represents and warrants to Wife that since their separati on November 30,1997, he has not, and in the future he will not, contract or incur any debt or Iia ility for which Wife or her estate might be responsible and shall indemnify and save Wife h less from any and all claims or demands made against her by reason of debts or obligations incurr d by him. 5. OUTSTANDING JOINT DEBTS: Husband and Wife acknowledge and agree that they have no outs mg debts and obligations of the Husband and Wife incurred prior to the signing of this Agree ent, except as follows: PNC Bank, Mortgage on the Marital Residence located at 307 Be aire Drive, Shiremanstown, Cwnberland County, Pennsylvania and the line of credit owed to NC Bank. Each party agrees to pay the outstanding joint debts as set forth herein and further agrees to indemnify and save harmless the other from any and all claims and dem ds made against either of them by reason of such debts or obligations. -2- 6. MUTUAL RELEASE: Subject to the provisions of this Agreement, each party waives his r her right to alimony and any further distribution of property inasmuch as the parties hereto agr e that this Agreement provides for an equitable distribution of their marital property in accordanc with the Divorce Code of 1980. Subject to the provisions of this Agreement, each party has re eased and discharged, and by this Agreement does for himself or herself, and his or her heirs legal representatives, executors, administrators and assigns, release and discharge the other of an from all causes of action, claims, rights or demands whatsoever arising out of their marriage, exce t any or all cause or causes of action for divorce and except in any or all causes of action for bre ch of any provisions of this Agreement. Each party also waives his or her right to request arital counseling pursuant to 23 Pa.C.S.A. Section 3302. 7. EQUITABLE DISTRIBUTION OF MARITAL PROPERTY: The parties have attempted to distribute their marital property in a m which conforms to the criteria set forth in 23 Pa.C.SA. Section 3501 et. seq., and takin account the following considerations: the length of the marriage; the fact that it is th first marriage for both Husband and Wife, the age, health, station, amount and sources of in ome, vocational skills, employability, estate, liabilities and needs of each of the parties; the contri tion of each party to the education, training or increased earning power of the other part ; the opportunity of each party for future acquisitions of capital assets and income; the sourc s of income of both parties, including but not limited to medical, retirement, insurance or other be fits; the contribution or dissipation of each party in the acquisition, preservation, depreciati n or appreciation of the marital property, including the contribution of each spouse as a homemake; the value of the property set apart to each party; the standard ofliving of the parties established d . ng the marriage; and the economic circwnstances of each party at the time the division of prope is to become effective. The division of existing marital property is not intended by the parti s to constitute in any way a sale or exchange of assets, and the division is being effected witho the introduction of outside funds or other property not constituting marital property. The divisi n of property under this Agreement shall be in full satisfaction of all marital rights of the parties. A. DISTRIBUTION OF PERSONAL PROPERTY: Except as may be otherwise provided herein, the parties hereto mu ally agree that they have effected a satisfactory division of the furniture, household furnis gs, appliances, and other household personal property between them, and they mutually agree that each party shall from and after the date hereof be the sole and separate owner of all such tan ible personal property presently in his or her possession. - 3 - The parties hereto have divided between themselves, to their satisfaction, all items of tangible and intangible marital property. Neither party shall m claim to any such items of marital property, or of the separate personal property of eithe party, which are now in the possession and/or under the control of the other. Should it become nec ssary, the parties each agree to sign, upon request, any titles or docwnents necessary to give effect 0 this paragraph. Property shall be deemed to be in the possession or under the control of either p y if, in the case of tangible personal property, the item is physically in the possession or control of the party at the time of the signing of this Agreement and, in the case of intangible personal pr perty, if any physical or written evidence of ownership, such as passbook, checkbook, pol cy or certificate of insurance or other similar writing is in the possession or control of the party. xcept as may be otherwise provided herein, Husband and Wife shall each be deemed to be n the possession and control of his or her own individual pension or other employee benefit pi ns or retirement benefits of any nature with the exception of Social Security benefits to which either party may have a vested or contingent right or interest at the time of the signing of this Agre ment, and neither will make any claim against the other for any interest in such benefits. From and after the date of the signing of this Agreement, both partie shall have complete freedom of disposition as to his/her separate property and any property whic lS III their possession or control pursuant to this Agreement and may mortgage, sell, grant, conv y, or otherwise encwnber or dispose of such property, whether real or personal, whether such pr perty was acquired before, during or after marriage, and neither Husband nor Wife need join in, c sent to, or acknowledge any deed, mortgage, or other instrwnent of the other pertaining to such disposition of property. B. DISTRIBUTION OF REAL ESTATE: (I) MARITAL RESIDENCE: Husband shall make, execute and deliver all documents in the usual orm conveying, transferring and granting to Wife all of his right, title and interest in and to their jointly-owned real estate at 307 Belaire Drive, Shiremanstown, Cwnberland County, Pennsyl ania (hereinafter referred to as the "marital residence"), subject to the mortgage given to PNC ank and subject to the PNC Line of Credit. The deed to said property shall be held in escro by Husband's attorney, Sandra 1. Meilton, Esquire, until such time as Wife refinances the pro erty so as to eliminate Husband from any obligation on the mortgage and line of credit. The refinancing shall be accomplished within ninety (90) days of the signing of this Agreeme . If Wife is able to accomplish said refinancing, then Husband's attorney shall release the deed rom escrow in order to consummate said refinancing. In the event that Wife is unable to refinance the property within said ninety (90) day period, the parties agree that the property will be listed with a realtor fa iliar with properties in Shiremanstown, Cwnberland County, Pennsylvania for a sales price n t to exceed the 2002 County assessed value of said property. The parties further agree to accept any offer of 90% of the list price. All proceeds from any sale shall accrue to Wife with the exce ion of any expenses Husband may incur as a result of said sale. - 4- Pending refinancing or sale, Wife agrees to be solely responsible or the payment of the mortgage payments, taxes, insurance and utility bills relative to said real estate and agrees to indemnify and hold Husband harmless from any responsibility thereunder. The said conveyance shall be free of all liens and clear f all encumbrances and shall be under and subject to any covenants and restrictions of record. (2) MONTOURSVILLE PROPERTY: The parties agree that Husband has an interest in property loca ed in Montoursville, Pennsylvania (hereinafter referred to as the "Montoursville Property"). n the event that the Montoursville Property is sold within ten (IO) years of the date of the sign ng of this Agreement., Husband shall pay to Wife twenty-five (25%) percent of the net amount hich he receives from the sale of said property. Net amount shall be defined as the balance rem ining of the sale price, less all outstanding mortgages and liens, taxes, realtor's commissions and costs incident to sale. Wife's interest in the Montoursville Property is specifically limited the twenty-five (25%) percent interest in the event that the property is sold within ten (10) ears. Except as provided herein, the parties agree that Husband shall own, possess the Monto viIle Property free of any claim of Wife. Wife hereby quitclaims, assigns and conveys to Husba d all such property and waives and relinquishes any and all rights thereto, together with any ins ance policies covering that property, and any escrow accounts relating to that property. This Agreement shall constitute a sufficient bill of sale to evidence the transfer of any and all rig ts in such property from Wife to Husband. C. TAX LIABILITY: The parties believe and agree that the division of property heretofore ade by this Agreement is a non-taxable division of property between co-owners rather than a table sale or exchange of such property. Each party promises not to take any position with respect the adjusted basis of the property assigned to him or her or with respect to any other issue whi h is inconsistent with the position set forth in the preceding sentence on his or her Federal or tate income tax returns. 8. PENSION AND RETIREMENT PLAN: The parties acknowledge the ownership of the following Individual Retire ent Accounts: Account Prudential (now PNC) Vanguard No. 9857931378 9830232609 9798497560 Tweedy, Brown, Roth T. Rowe Price Owner Husband Wife Wife Husband - 5 - Husband shall retain his Prudential (now PNC) account and his T. Rowe Pri IRA or the proceeds from these accolUlts and Wife shall waive any right, title and interest that s may have in said accolUlt. Wife shall retain her Tweedy Brown Roth IRA and her Vanguard IRA and H sband shall waive any rights, title and interest that he may have in said accolUlts. The parties hereby waive any and all right to claim any interest or share i each other's pension, profit sharing plans and other employee benefits, if any, from their present r past employers. The parties acknowledge that Husband is self-employed and as such h s no employment benefits. The parties further acknowledge that Wife is employed b the Commonwealth of Pennsylvania and has a PSERS retirement plan and a deferred compe ation account accruing as a result of her employment. Both parties acknowledge that they have re eived information regarding the existence or non-existence of such employment benefits includin , but not limited to, defined benefit, profit sharing, ESSOP plans, pension contribution plans and Ol(k) plans and are satisfied with the information so provided. Specifically, the parties agree that Wife shall retain sole and exclusive possession of her PSERS benefits and Husband hereby waiv any right, title and interest he may have in said benefits. 9. FINANCIAL ACCOUNTS: The parties acknowledge and agree that they own various financial ace lUlts, none of which are now titled in joint names, some of which are titled in separate names, so e of which were acquired during the marriage and some of which were acquired after separ tion. Specifically, the financial accolUlts are as follows: Account PSECU PNc Bank Janus Owner Wife Husband Wife The parties agree that Husband shall retain the PNC account and that ife shall retain the PSECU and Janus accounts. Each party hereby waives any and all right, titl and interest that he or she may have in the other's accolUlts. During the marriage, the parties held a joint account with the Arne 'can Century accolUlt number 201515868 and the Janus accolUlt number 022-000801276. Prior t the signing of this Agreement, these accolUlts were divided equally between the parties. 10. MILFRED CORPORATION: The parties acknowledge that during their marriage, Husband acquire an interest, including, but not limited to, shares of stock in the Milfred Corporation. The pIes - 6 - acknowledge that said interest in the Milfred Corporation shall be Husband's sole and ex lusive property, free and clear of any right, title, claim and/or interest of Wife. 11. ANDREW S. MCCREATH AND SON, INC.: The parties acknowledge that during their marriage, Husband acqui ed an interest, including, but not limited to, Andrew S. McCreath & Son, Inc. The parties ackno ledge that said interest in Andrew S. McCreath & Son, Inc. shall be Husband's sole and exc usive property, free and clear of any right, title, claim and/or interest of Wife. 12. FRED A. PENNINGTOn SR. TRUST FUND: Husband agrees to pay to Wife twenty (25%) percent of all distrib tions which he receives from the Fred A. Pennington, Sf. Trust. Wife's twenty (25%) interest sh II be calculated on the after taxed amolUlt of the net proceeds received by Husband. In other wo ds, if the amolUlt received by Husband is taxable to Husband, Wife shall receive twenty (25%) p rcent of the distribution received by Husband after payment of the taxes on said distribution. Hu band shall pay said amount to Wife within twenty (20) days of the date he receives the money fro the trust and, in the event that Wife dies before Husband receives the proceeds from the trust, her hare shall be distributed pursuant to the provisions of her Will. Absent a Will making provision fi r her distribution, said amolUlt shall be retained by Husband. Except as provided herein, the parties agree that Husband shall 0 possess free and clear from any claim of Wife the Fred A. Pennington, Sf. Trust proceeds. hereby waives and relinquishes all of her right, title and interest to said proceeds an Agreement shall constitute a sufficient waiver of her rights to afford Husband the ability to tr and utilize said proceeds as he deems fit. 13. BOATS: Wife agrees to transfer to Husband all of her right, title and interest t l4-foot Jon boat with trailer, the 17-foot Glassport boat with trailer and the proceeds from a boat which Husband sold while the parties were mediating the economic issues surrolUldin divorce. To the extent that there are liens or encumbrances on the remaining two boats, Hus and covenants and agrees to pay any charges in accordance with their terms and agrees to inde nify Wife from any loss by reason of her default in the payment thereof and agrees to save ife harmless from any future liability with regard thereto. - 7- 14. LIFE INSURANCE: Husband agrees to continue to maintain in full force and effect a life insurance policy in the amolUlt of $100,000.00 covering his life. Ownership of said ins ranee policy shall be subject to the following conditions: (a) He shall maintain the insurance in full force and ffect, paying all premiums due thereon and shall not borrow against, assign, pledge, or oth rwise encumber the insurance, nor surrender it to obtain its cash value; (b) He shall immediately designate his Wife, C I F. Pennington, as the sole beneficiary of the policy; ( c) Within thirty (30) days after the execution 0 this Agreement, Husband shall deliver to Wife or her attorney satisfactory proof that the irrev cable beneficiary designation has been properly endorsed on each insurance policy and that the i surer has received notice of restrictions placed upon Husband's ownership of the insurance by the erms of this Agreement. The Husband shall also request that duplicate premium statements and re eipts be mailed by the insurer to Wife; and (d) This insurance and the designation of Wife as bene ciary shall remain in place lUltil Husband has paid to Wife his interest in the Fred A. Penningto , Sr. Trust Fund as set forth in Paragraph 12 above. At that time, Husband may, at his discr tion, designate new beneficiaries to the policy or policies or cancel said policy or policies. 15. ALIMONY: Both parties acknowledge and agree that the provisions of this Agree providing for equitable distribution of marital property are fair, adequate and satisfactory to and are accepted by them in lieu of and in full and final settlement and satisfaction of any clai s or demands that either may now or hereafter have against the other for support, maintenan e or alimony. Husband and Wife further, voluntarily and intelligently waive and relinquish any ri t to seek from the other any payment for support or alimony. 16. ALIMONY PENDENTE LITE, COUNSEL FEES, AND EXPENSES: Husband and Wife acknowledge and agree that the provisions of this Agreement providing for tlle equitable distribution of marital property of the parties are air, adequate and satisfactory to them. Both parties agree to accept the provisions set forth in this Agreement in lieu of and in full and final settlement and satisfaction of all claims and demands that either may now or hereafter have against the other for alimony pendente lite, cOlUlsel fee or expenses or any other provision for their support and maintenance before, during and afte the commencement of any proceedings for divorce or annulment between the parties. - 8 - 17. INCOME TAX PRlOR RETURNS: The parties have heretofore filed joint federal and state tax returns. Both parties agree that in the event any deficiency in federal, state or local income tax is propo ed, or any assessment of any such tax is made against either of them, each will indemnify an hold harmless the other from and against any loss or liability for any such tax deficiency or asse sment and any interest, penalty and expense incurred in connection therewith. Such tax, interest, nalty or expense shall be paid solely and entirely by the individual who is finally determined to e the cause of the misrepresentations or failures to disclose the nature and extent of his or her se arate income on the aforesaid joint returns. 18. FUTURE DISPUTES: The parties agree to return to mediation if any issues develop either the interpretation of this Agreement or on any issues that might arise regarding the parties' d orce and/or the economic issues surrolUlding the divorce. 19. WAIVERS OF CLAIMS AGAINST ESTATES: Except as herein otherwise provided, each party may dispose of his r her property in any way, and each party hereby waives and relinquishes any and all rights he r she may now have or hereafter acquire, lUlder the present or future laws of any jurisdictIon, to sh e in the property or the estate of the other as a result of the marital relationship, including out limitation, dower, curtesy, statutory allowance, widow's allowance, right to take in intestacy, right to take against the will of the other, and right to act as administrator or executor of the 0 er's estate. Each will, at the request of the other, execute, acknowledge and deliver any all instruments which may be necessary or advisable to carry into effect this mutual waive and relinquishment of all such interests, rights and claims. 20. MUTUAL CONSENT DIVORCE: The parties agree and acknowledge that their marriage is irretrie ably broken, that they do not desire marital cOlUlseling, and that they both consent to the entry of a decree in divorce pursuant to 23 Pa.C.S.A. Section 3301(c). Accordingly, both parties agr e to forthwith execute such consents, affidavits, or other documents and to direct their respe tive attorneys to forthwith file such consents, affidavits, or other documents as may be necess to promptly proceed to obtain a divorce pursuant to said 23 Pa.C.S.A. Section 3301(c). Upon req est, to the extent permitted by law and the applicable Rules of Civil Procedure, the named defend t in such divorce action shall execute any waivers of notice or other waivers necessary to expedite uch divorce. -9- 21. ENTRY AS PART OF DECREE: It is the intention of the parties that the Agreement shall survive any action for divorce which may be instituted or prosecuted by either party and no order, judgment or ecree of divorce, temporary, final or permanent, shall affect or modify the financial terms f this Agreement. This Agreement shall be incorporated in but shall not merge into any such ju ent or decree of final divorce, but shall be incorporated for the purposes of enforcement only. 22. EFFECT OF RECONCILIATION OR COHABITATION: This Agreement shall remain in full force and effect and shall ot be abrogated even if the parties effect reconciliation, cohabit as husband and wife or attempt to ffect reconciliation. 23. BREACH AND ENFORCEMENT: If either party breaches any provision of this Agreement, the other party shall have the right, at his or her election, to sue for damages for such breach, or seek such other remedies or relief as may be available to him or her, and the party breaching this Agreemen shall be responsible for payment of legal fees and costs incurred by the other in enforcing his r her rights lUlder this Agreement. 24. ADDITIONAL INSTRUMENTS: Each of the parties shall from time to time, at the request of the ther, execute, acknowledge and deliver to the other party any and all further instruments that m y be reasonably required to give full force and effect to the provisions of this Agreement. 25. TAX ADVICE: Both parties hereto hereby acknowledge and agree that they have ha the opportlUlity to retain their own accolUltants, certified public accolUltants, tax advisor, 0 tax attorney with reference to the tax implications of this Agreement. Further, neither party has een given any tax advice whatsoever by their respective attorneys and both parties hereby acknowl dge that they have been advised, by their respective attorneys, to seek their own independent tax a ice by retaining an accountant, certified public accolUltant, tax attorney, or tax advisor with refer nee to the tax implications involved in this Agreement. The parties acknowledge and agree that eir signatures to this Agreement serve as their acknowledgment that they have read this parti ular paragraph and have had the opportunity to seek independent tax advice. - 10- 26. VOLUNTARY EXECUTION: The provisions of this Agreement and their legal effect have bee fully explained to the parties by their respective cOlUlsel, and each party acknowledges t the Agreement is fair and equitable, that it is being entered into vollUltarily, with full knowledge of the assets of both parties, and that it is not the result of any duress or undue influence. The arties acknowledge that they have been furnished with all information relating to the financial af irs of the other which has been requested by each ofthem or by their respective cOlUlsel. 27. ENTIRE AGREEMENT: This Agreement contains the entire lUlderstanding of the parties an there are no representations, warranties, covenants or undertakings other than those expressly se forth herein. Husband and Wife acknowledge and agree that the provisions of this Agreemen with respect to the distribution and division of marital and separate property are fair, equitabl and satisfactory to them based on the length of their marriage and other relevant factors whic have been taken into consideration by the parties. Both parties hereby accept the provisions this Agreement with respect to the division of property in lieu of and in full and final settIeme t and satisfaction of all claims and demands that they may now have or hereafter have against the other for equitable distribution of their property by any court of competent jurisdiction pursuant 0 23 Pa.C.S.A. Section 3501 et. seq. or any other laws. Husband and Wife each vollUltaril and intelligently waive and relinquish any right to seek a court ordered determination and distri tion of marital property, but nothing herein contained shall constitute a waiver by either party 0 any rights to seek the relief of any court for the purpose of enforcing the provisions of this Agree nt. 28. FINANCIAL DISCLOSURE: The parties confirm that they have relied on the completeness and substantial accuracy of the financial disclosure of the other as an inducement to the executi n of this Agreement. The parties acknowledge that there has been no formal discovery conduct d in their pending divorce action and that neither party has filed an inventory and appraiseme t as required by Section 3505(b) of the Pennsylvania Divorce Code. Notwithstanding the foreg ing, the rights of either party to pursue a claim for equitable distribution, pursuant to the Pennsyl ania Divorce Code, of any interest owned by the other party in an asset of any nature at any time rior to the date of execution of this Agreement that was not disclosed to the other party or his 0 her cOlUlsel prior to the date of the within Agreement is expressly reserved. In the event that ether party, at any time hereafter, discovers such an lUldisclosed asset, the party shall have the rig t to petition the Court of Common Pleas of Cumberland COlUlty to make equitable distribution of said asset. The non-disclosing party shall be responsible for payment of counsel ees, costs or expenses incurred by the other party in seeking equitable distribution of said asset. - 11 - Notwithstanding the foregoing, the Agreement shall in all other r peets remain in full force and effect. 29. MODIFICATION AND WAIVER: A modification or waiver of any of the provisions of this Agreemen shall be effective only ifmade in writing and executed with the same formality as this Agreemen The failure of either party to insist upon strict performance of any of the provisions of this Agre ment shall not be construed as a waiver of any subsequent default of the same or similar nature. 30. PRIOR AGREEMENT: It is lUlderstood and agreed that any and all property settlement agree ents which mayor have been executed prior to the date and time of this Agreement are null an void and of no effect. 31. DESCRIPTIVE HEADINGS: The descriptive headings used herein are for convenience only. They shall have no effect whatsoever in determining the rights or obligations ofthe parties. 32. INDEPENDENT SEPARATE COVENANTS: It is specifically lUlderstood and agreed by and between the parties h reto that each paragraph hereof shall be deemed to be a separate and independent covenant and agreement. 33. APPLICABLE LAW: This Agreement shall be construed under the laws of the Commonweal of Peill1sylvania. 34. VOID CLAUSES; If any term, condition, clause or provision of this Agreement shal be determined or declared to be void or invalid in law or otherwise, then only that term, condit on, clause or provision shall be stricken from this Agreement and in all other respects this Agree ent shall be valid and continue in full force, effect and operation. - 12- 35. AGREEMENT BINDING ON HEIRS: This Agreement shall be binding and shall inure to the benefit of the arties hereto and their respective heirs, executors, administrators, successors, and assigns. 36. CONSTRUCTION: No provisions of this Agreement shall be interpreted for or against an party because that party or that party's representative drafted this Agreement in whole or in part. IN WITNESS WHEREOF, the parties hereto have set their Hands and Se s the day and year first above written. d-h- ;111f~~ ./ IUltpt4 /, (/ Me K :J Fred A. Pennington, Jr. ~ "- ) (SE L) ~ (SE L) Carol F. Pennington - 13- COMMONWEALTH OF PENNSYLVANIA r I ' ,/, COUNTY OF -.JOJ'P'j} r 1\ I On this, the ~ day of ) ( SS: ) jJ/A}fJf/)~ , 2004, before me, a Notary Public, the lUldersigned officer, personally appeared Fred A. Pennington, Jf., kno (or satisfactorily proven) to be the person whose name is subscribed to the foregoing arital Settlement Agreement and acknowledged that he executed the same for the purposes erem contained. IN WITNESS WHEREOF, I herelUlto set my hand and official seal. 11;, 7L ..tlll~_ ~M._ NaIaIy NIle Q!YOPHA -k.......COUNIY .., e..~ ~ , -'..... NDv I.lOlI7 .. ' ' .. COMMONWEALTH OF PENNSYLVANIA ) ( ) ss: COUNTY OF D~' On this, the 31"" day of (j\( ~ , 2004, befor me, a Notary Public, the lUldersigned officer, personally appeared Carol F. Pennington, known to e (or satisfactorily proven) to be the person whose name is subscribed to the foregoing Settlement Agreement and acknowledged that she executed the same for the purposes erem contained. IN WITNESS WHEREOF, I hereunto set my hand and official seal. Notarial Seal . Sally A. Marsh, NolaIy Public City 01 Harrisburg, DaU/Y1in County My Commission Expires Sept. 17. 2006 /II.ember, Pennsylvarna A"soaation Of Notalies 40372.1 Paull Esposito, Esquire J.D. #25454 GOLDBERG KATZMAN, P_c. 320 Market Street P_ O. Box 1268 Harrisburg, PA 17108-1268 (717)234-4161,(717)234-4161 (facsimile) C{Jun.~d i!rJ'lainiifl CAROL F. PENNINGTON, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL V A A v. NO. 03-1048 Civil Term FRED A. PENNINGTON, JR., Defendant CIVIL ACTION - LAW IN DIVORCE AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under S 3301(c) of the Divorce Code was filed on 10,2003. 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety d s 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 this Affidavit are true and correct. I lUlderstand t at false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904, relating to unsworn falsification to authorities. Date:7? c--r. ,4 () ,2004 Ct CAROL F. PENNINGTON '~ \.-:; ",'I ,'..... , . ,. .) (..,~" - ..----- Paull Esposito, Esquire 1.0.#25454 GOLDBERG, KATZMAN & SHIPMAN, p.c 320 Market Street P. O. Box t268 Harrisburg, PA 17108-1268 (17)234-4]61,(717)234-4161 (facsimile) (:rJUnseljiJrPlainliIJ CAROL F. PENNINGTON, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL V A A v. NO. 03-1048 Civil Term FRED A. PENNINGTON, JR., Defendant 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 of 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 lUltil a divorce decree is entered by th 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 t t false statements herein are made subject to the penalties of 18 Pa.C.S. 94904 relating to uns om falsification to authorities. Date: 7?r-v-. Ju ,2004 (-., .-;1 j",) o C,~I CAROL F. PENNINGTON, Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW v. NO. 03-1048 - CIVIL TERM FRED A. PENNINGTON, Defendant : IN DIVORCE AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under Section 3301(c) of the Divorce Code was fil don March 10, 2003. 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety (90) days have elapsed from the date of the filing and service of the Complaint. 3. I consent to the entry of a final Decree in Divorce. 4. I understand that I may lose rights concerning alimony, division of property, la er's fees or expenses if I do not claim them before a divorce is granted. 5. I verify that the statements made in this affidavit are true and correct. I under tand that false statements herein are made subject to the penalties of 18 Pa.C.S. 94904 relati g to unsworn faisification to authorities. Date: 11/29/04 t&.L/7 ~ Fred A. Pennington, Jr., Defendant CAROL F. PENNINGTON, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW v. FRED A. PENNINGTON, Defendant NO. 03-1048 - CIVIL TERM 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 of divorce without notice. 2. I understand that I may lose rights concerning alimony, division of pro erty, 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 enter d by the Court and that a copy of the decree will be sent. to me immediately after it is filed wit the prothonotary. I verify that the statements made in this affidavit are true and correct. I understan that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904 relati g to unsworn falsification to authorities. Date: 11/29/04 LJ{/7 / Fred A. Pennington, Defendant 73775.1 CAROL F. PENNINGTON, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL V A A v. NO. 03-1048 Civil Term FRED A. PENNINGTON, JR., Defendant CIVIL ACTION - LA W IN DIVORCE PRAECIPE TO TRANSMIT RECORD TO THE PROTHONOTARY: Transmit the record, together with the following information, to the Court for entry fa divorce decree: I. Ground for divorce: irretrievable breakdown under S 330 I (c) ofthe Divorce Code. 2. Date and manner of service of the Complaint: March 17,2003, bv way of Acceptance of Service shwed bv Sandra L. Meilton, Esquire, 3.(a) Date of execution of the affidavit of consent required by S 3301 (c) of he Divorce Code: by Plaintiff on November 30,2004 ; by Defe dant on November 29, 2004 (b)(l) Date of execution of the Affidavit required by S 3301(d) ofth Divorce Code: (2) Date of filing and service of Plaintiffs Affidavit upon the Defendant: 4. Related claims pending: None. 5. (a) Date and manner of service of the notice of intention to file praecipe t transmit record, a copy of which is attached: (b) Date Plaintiffs Waiver of Notice in S 3301(c) Divorce was filed with e prothonotary: December 2, 2004 . Date Defendant's Waiver of Notice in S 3301(c) Divorce was filed wit the prothonotary: December 21, 200~, '} .;ft(d ~ itF + + + Of. + + + T+ . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . '+' + '+' + + Of + +:+ .. . n . . . . . +++++++++++++ + +~++ . +;t;++ '" +++:t:;f.+:+: . IN THE COURT OF COMMON PLEA . . . . . . . . . . . . . . . . . . . . . . . . OFCUMBERLANDCOUNTY PEN NA. STATE OF CAROL F, PENNINGTON No. i 03-1048 Plaintiff CIVIL ACTION - LAW IN DIVORCE VERSUS . . . . . . . . . . FRED A, PENNINGTON, JR, Defendant DECREE IN . . . . . . . . . . . . . . . . . . . . . . . . . . DIVORCE ~C/:>> ,;otI, IT IS ORDERE . o.-.,~}' AND AND NOW, CAROL F, PENNINGTON , PLAINTIFF, DECREED THAT , DEFENDAN , FRED A. PENNINGTON. JR, AND ARE DIVORCED FROM THE BONDS OF MATRIMONY. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . HAVE THE COURT RETAINS JURISDICTION OF THE FOLLOWING CLAIMS WHIC BEEN RAISED OF RECORD IN THIS ACTION FOR WHICH A FINAL ORDER HA YET BEEN ENTERED; AND IT IS FURTHER ORDERED AND DECREED, that the terms, provisions and conditions of a certain Martial Settlement Agreement between the partie Novem er , are ere y incorporated in this Decree by reference though the same were set forth herein at length. Said Agreement sha NOT dated s fully 1 not 8 J. ATTEST: PROTHONO ARY . n . . . . + + "" :.: . .. ~ &27 2 ~vvw 7~~ ~ fr? ~ /{T~'w ~4p -rp ..., ~. ' "..' 50.:?'/ 50S, I