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Home My WebLink About98-04427 . .'\ I I I 1 l I I I I , , , i I 1 I , ~I .~ ... ~. 1 ~ ~ . ~ ~ i j , j , 1 I ~ I ~1 I -, , ., - I :;), ....... 1 CJl I I , t'l '11) ~j ':J"'j \ .j ~I ~l ~\ ~, 1 .:4-:. .:.:- -:.:. '.:.:, .:.:.-:.:. -:+:. ':+:' -:.:. .:+:. -:+:. <+~. .:+:. <+:. .:+:. .:+:. <.:. .:...:. ':..;. .:.:. .:.~ :':0:<>:+:<'-:+:'.<+:- :'.~.;. ,:.;. .:+:. ;.:+:.: :':+:-::';4 $ ,_ __'_.._~________,_.,_'v,"'___,.__"__'_.."'___'" ,..------"'---..'..---~--~- ~ ,', ~; ~ ;'~ ~ r.; ~ i ~ By T,.{ Court ~ ,/J ~ ~ Ati~~i; d~:",e'.;hi~:~~;''''''' J. : ~;/~1.CL ~~, ~P;~th~~~l~'~;"" ~ ~ ~ ~ v ~ -. ---------- ----~_--..-..~-~,----~--------.-------~---------~------.....--.-..-...-..----'- ~ /"..:.:,:,~:",-:-~+:, ':+:":+:'. .:+:. ':+:'. '':+:' .:+:-.:+:. '.:+:. -:+:- .~+> .:.:- -:+:. .:+:. .:+;. -:.0.:-. .:.:. .:+:. .-:+:.,.:+:..-:+:..:-1):':':':+:':':+:' {~:<-:~:<..:+:.::..:.:.: ... :0; " ~ $ ~ ',' ~ ~ ~ ',' ~ ... ~ ... ~ ',' ~ \.~ ~.\ ~ ~ $ ,'; ~ A ~ ',' i ~.~ ~ \~ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY ~, STATE OF ;~~~ PENNA. JAt1ES ~..' )"INN, plaintiff N (), 98-4427 CIVIL IlJ Ve],:-ill~ ....$A.l'JD.RA L. [..INN, Defendant ~ ',' DECREE IN DIVORCE ~ ~.' AND NOW, ' , , , , , , , , ,./tA,,~, , ,1,5,', , '. 19 ,~I., , '. it is ordered and decreed that....,....", ~,~~~?, ,~'" ~,II"!1':I""",.........."". plaintiff, and,..".............." ,~~!'lP,~~, [..,., ,r..H<,!'-! ,..,....',......,', defendant, are divorced from the bonds of matrimony. The tems and conditions of the property Settlement Agreement dated August 6, 1998 are incorporated herein but not merged with th;i.s oocumert . the court retains lurisdlctlon 0 the followlI1g claims which have been raised of record in this action for which 0 final order has not yet been entered; ... ~ f': ,', ~ ~ ~': ~ ~'; ~ ~.~ ~ y ~ ~< ~ ~.' , , , , , , , , , , , , , , , , , , , , , , , , , , /1;j~ f. ' , , , , , , , , , . , , , , , , , , , , , , , , , , , , , , , , , , , , , , , . .. ....,.........,... .,....,.,....... ...."............... ~ ~.~ ~ ... ~ ',' $ ~ ... ~ ... ~ '.~ ~ ~.' ~ ',' ~ ~.' $ ~ ~.~ *. ... ~ ~.' ~ ... !.;. ~ ... ~ ~.~ ~ ~.' ~ ~ '.~ .. ~ ~.~ ,., ~ :i i ~': ~ ~'.~ ; ~ ~ ~.~ ~ ',' ~ ',' ~ ~ '.~ $ ~ ~ ~.~ 1/ 'cJ,S" 'YJ" (A-I (~ /It ,:"'4., '3' .c4t'tt~df; /('~- %f Lv? .;/.. -. /7 -C/U /1t>z0. /,,(C2~r/ ;t; Crr , '. , , .. ..~ .., .' . I: r r' ! j...; ;: J : Z Law Offices of CRAIG A. DIEHL :MM TRINDLE ROAD CAMP HILL. PA 17011 (717) 763-7613 119 W, HANOVER ROAD SPRING GROVE, PA 17362 (717) 225-1929 ". 'il'll$p,\iii;':;Tlt:tS1J>7iGREEMM~"""made' this cp..' day SANDRA L. LINN, hereinafter referred to as (WIFE) and JAMES R. LINN (hereinafter referred to as HUSBAND). WITNESSETH: WHEREAS, Husband and Wife were lawfully married on September 6, 1980 in Cumberland County, Pennsylvania; and WHEREAS, two (2) children were born of this marriage: Jesse R. Linn born December 29, 1983, and Nicole R. Linn born october 16, 1985; and WHEREAS, disputes and difficulties have arisen between the parties, and it is the present intention of Husband and Wife to live separate and apart, and the parties hereto are desirous of settling their respective financial and property rights and obligations as between each other, including without limitation by , . . ' .' ~ specification: ~he settling of .all matters between them relating to. the past, present, a~d future s~pport and/or maintenance of Wife ~Y.Husband or Husband by wife; th:,settling of all matters between them relating to the equitable division of marital property; and, in general, the settling of any and all claims and possible claims by one against the other or against their respective estates; and WHEREAS, Husband and wif~ declare that each has had a full and fair opportunity to obtain independent legal advice of counsel of his or her selection; that Husband has been represented by Linda A. Clotfelter, Esquire and Wife has been represented by N/~ , , Esquire in this action. The parties represent and warrant that they have fully disclosed to each other all assets of any nature owned by each, all debts or obligations for which the other party may be liable in whole or part, and all sources and amounts of income. The parties acknowledge that they fully understand the facts, and they acknowledge and accept that this Agreement, is, under the circumstances, fair and equitable, and 1 ,. , that it is being entered into freely and voluntarily, with such knowledge and that execution of this Agreement is not the result of any duress or undue influence and that it is not the result of any improper or illegal agreement or agreements. NOW THEREFORE, in consideration of the premises and of the mutual promises, covenants and undertakings hereinafter set forth and for other good and valuable consideration, receipt of which is hereby acknowledged by each of the parties hereto, Husband and Wife, each intending to be legally bound hereby, covenant and agree as follows: 1. PERSONAL RIGHTS. It shall be lawful for each Husband and Wife at all times hereafter to live separate and apart from the other party as such place as her or she may from time to time choose or deem fit. The parties shall be free from any control, restraint, interference or authority, direct or indirect, by the other in all respects as fully as if they were unmarried, except as may be necessary to carry out the provisions of this Agreemen~. Husband and Wife shall not molest, harass, disturb or malign each other or the respective families of each other nor compel or attempt to compel the other to cohabit or dwell by any means in any manner whatsoever with him or her. The foregoing provision shall not be taken as an admission on the part of either party of the lawfulness or unlawfulness of the causes leading to their living apart. 2. MUTUAL RELEASE. It is the intention of Husband and Wife to give to each other, by the execution of the Agreement, a full, complete and general release with respect to any and all property of any kind or nature, real, personal or mixed, which the other now owns or may hereafter acquire, except and only except all rights and agreements and obligations of whatsoever nature arising or which may arise under this Agreement or for the breach of any provision hereof. It is further specifically understood and agreed by and between the parties hereto that each accepts the provisions herein 2 . ' made by the other in lieu of and in full settlement and satisfaction of their past, present and future claims against the other on account of maintenance and support, and also alimony, alimony pendente lite, counsel fees, costs and expenses, as well as any and all claims to equitable distribution of property, both real and personal, and any other charge of any nature whatsoever pertaining to any divorce proceedings which may have been or may be instituted in any court in the Commonwealth of Pennsylvania or any other jurisdiction., including any other counsel fees, costs and expenses incurred or to be charged by any counsel arising in any manner whatsoever, except as may b~ incurred in connection with a breach of the Agreement as set forth hereinafter in paragraph 20. 3. RELEASE OF TESTAMENTARY CLAIMS. Except as provided for in this Agreement, each of the parties hereto shall have the right to dispose of his or her property by last will and testament or otherwise, and each of them agrees that the estate of the other, whether real, personal or mixed, shall belong to the person or persons who would have become entitled thereto as if the decedent had been the last to die. Except as set forth herein, this provision is intended to constitute a mutual waiver by the parties of any rights to take against each other's estate whatsoever, and is intended to confer third-party beneficiary rights upon the other heirs and beneficiaries of each. Either party may, however, make such provision for the other as he or she may desire in an by his or her last will and testament; and each of the parties further covenants and agrees that he or she will permit any will of the other to be probated and allowed administration; and that neither Husba~d nor Wife will claim against or contest the will and estate of the other except as necessary to enforce any breach by the decedent of any provision of this Agreement. Each of the parties hereby releases, relinquishes and waives any and all rights to act as personal representative of the other party's estate. Each of the parties hereto further covenants and agrees for himself and herself and his or her heirs, executors, administrators or assigns, for the purpose of enforcing any of the rights relinquished under 3 this Agreement. 4. FINANCIAL DISCLOSURE. The parties waive their rights to require the filing of financial statements by the other, although the parties have been advised that it is their legal right to have these disclosures made prior to entering into this Agreement and by entering into this Agreement without reliance upon financial disclosure, the parties are forever waiving their right to request or use that as a basis to overturn this Agreement or any part thereof. 5. INCOME TAX CONSIDERATIONS. The transfers of property pursuant to this Agreement are transfers between Husband and I-life incident to their divorce and as such are nontaxable, with no gain or loss recognized. The transferee's basis in the property shall , . ' . be the adjusted basis of the transferor immediately before the transfer. The transfers herein are an equal division of marital property for full and adequate consideration and as such will not result in any gift tax liability. 6. PENSION. PROFIT-SHARING. RETIREMENT. CREDIT UNION OR OTHER EMPLOYMENT-RELATED PLANS. The parties hereto expressly waive and relinquish any right, claim, title or interest in any pension, profit-sharing, retirement, credit union or other employment- related plans in which the other has any interest by virtue of his or her past or present employment, whether vested or unvested, matured or unmatured, 7. EOUITABLE DISTRIBUTION OF MARITAL PROPERTY. The parties have attempted to distribute their marital property in a manner which conforms to the criteria s~t' forth in section 3502 of the Pennsylvania Divorce Code and taking into account the following considerations: the length of marriage; the fact that it is the first marriage for Husband and wife; the age, health, station, amount and sources of income, vocational skills, employability, estate, liabilities and needs of each of the parties; the contribution of each party to the education, training or increased earning power of the other party; the opportunity of each party for further acquisitions of capital assets and income; the sources of 4 , ~ income of both parties, including but not limited to medical, retirement, insurance or other benefits; the contribution or dissipation of each party in the acquisition, preservation, depreciation or appreciation of the marital property, including the contribution of each spouse as a homemaker the value of the property set apart to each party; the standard of living of the parties established during the marriage; and the economic circumstances of each party at the time the division of the property is to become effective. The division of existing marital property is not intended by the parties to constitute in any w~y a sale or exchange of assets, and the division is being effected without the introduction of outside funds or other property not constituting marital property. The division of property under this Agreement shall be in full satisfaction of all marital rights of the parties. A. 'MOTOR VEHICLE. The parties agree that Wife shall have full and sole possession of the 1996 Toyota Avalon, and she hereby agrees to accept all responsibility for the financing, maintenance and insuring of said vehicle, holding husband harmless therefrom. Wife shall become full and sole owner of the automobile at the time that the loan or other encumbrance for same is refinanced to Wife's name only and/or is paid in full. At that time, the title of the automobile shall be transferred to Wife's name only. B. DIVISION OF HOUSEHOLD AND PERSONAL PROPERTY. The parties hereto mutually agree that the furniture, household furnishings, appliances, and other household personal property shall be divided equally between them. They further mutually agree that the value of the household and personal property shall be determined upon an appraisal to be conducted by an impartial professional appraiser. If a party disputes the appraisal values, that individual may have an additional appraisal conducted at his or her own expense with the parties utilizing the average of the two appraisals as the values of the household goods and personal property for the purposes of ! "Ii f I. Ld;; ~il"" ;;.'1,<:,. :;l/ I:Y~(~;: I';'i <;i: ) ,. ,"/i ;'.'.'. '.". /){~ "1'::' !1:~: 5 . . equal distribution of same. Each party agrees that upon the date of distribution of the h~usehold and personal property, which date shall be mutually agreed upon by the parties, each party shall from and after the date of distribution be the sole and separate owner of all such tangible personal property that is in his or her possession on the date of distribution, and this Agreement shall have the effect of an assignment or bill of sale from each party to the other for such property as may be in the individual possession of each of the parties hereto at that time, unless otherwise stated in this Agreement. Should it becom~ necessary, the parties each agree to sign, upon request, and titles or documents necessary to give effect to this paragraph. . ' From and after the date of the distribution of the household goods and personal property as designated in this Agreement, both parties shall have complete freedom of disposition as to their separate property and any property which is in their possession or control, pursuant to this Agreement, and may mortgage, sell, grant, convey, or otherwise encumber or dispose of such property, whether real or personal, whether such property was acquired before, during, or after marriage, and neither Husband nor Wife need join in, consent to, or acknowledge any deed, mortgage, or other instrument of the other pertaining to such disposition of property, unless indicated otherwise herein. c. DEBTS. 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 he~ by reason of such debt or obligation 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, 6 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. Husband hereby assumes and shall be solely responsible and liable for the payment of the following obligations and shall hold Wife harmless therefrom: a. All costs and liabilities associated with the residence located at 36 Monarch Lane, Mechanicsburg, Pennsylvania; b. Core states Visa Credit Card Account in Husband's name; c. Members First visa Credit Card Account in Wife's name; d. American Express Optima Credit Card Account e. American Express Delta Airlines Credit Account,; f. Sears Credit Card Account; g. JCPenney Credit Card Account; h. Texaco Credit Card Account; i. Exxon Credit Card Account; j. Mobile Credit Card Account; k. Prudential Life Insurance Premiums for Wife; ~ \ ~ ',I and 1. JW Music Credit Account. Wife hereby assumes and shall be solely responsible and liable for the payment of the following obligations and shall hold Husband harmless therefrom: a. All costs and liabilities associated with the 1996 Toyota Avalon; b. Victoria Secret Credit Account; c. Corestates Visa Credit Account in Wife's name; d. Personal Loans (2) presently being paid by payroll deduction from Wife's paycheck; 7 , ' e. Cellular Telephone Bill with 360 communications: f, All costs and liabilities associated with Wife's personal residence; g, Montgomery Ward Credit Card Account; and h. Wife's legal fees associated with the parties' divorce action. It is the intent of the parties to satisfy the above liabilities and accounts through the divorce upon the distribution of the equity of .the marital residence as set forth herein. In the event that funds are not sufficient to satisfy these liabilities through the divorce, the parties shall share equally any remaining outstanding obligations as designated herein, except for those obligations pertinent to the property awarded to him or her pursuant to this Agreement, unless otherwise provided herein, Each party will hold the other party harmless from those outstanding liabilities and obligations retained by each after the distribution of the equity in the marital residence. D. DOGS. The parties agree that Husband will retain possession of the parties' dogs and will be responsible for all costs of maintaining the dogs in good health until such time that Wife has a residence where dogs are permitted. At the time wife obtains such residence, she will have possession and control of the dogs and will be responsible for any and all costs of maintaining the dogs and/or other expenses incidental thereto, and shall hold Husband harmless from same. a. CUSTODY OF CHILDREN. Two children were born of this marriage: Jesse R. Linn born December 29, 1983, and Nicole R. Linn born October 16, 1985. a) Leqal CustodY - The parties shall have shared legal custody of the children. Except in an emergency, all major decisions concerning the health, education and welfare of the children will be made by agreement of both parents and both parents shall be entitled to equal 8 .',' . , . access to the children's school, medical and dental records. b) Primary Physical CustodY - Husband shall have primary physical custody of Jesse R. Linn and Wife shall have primary physical custody of Nicole R. Linn. c) Partial Physical CustodY - Each party shall be entitled to partial physical custody with the intent that the children will be together during these periods as follows: (i) Alternating weekends from Friday at 5:00 p.m. through Monday morning with the parent exercising rights to partial custody being responsible for the delivery of the children to school on Monday morning in a timely manner; (ii) The parties will have liberal rights to partial custody periods upon the request of the children, provided that both parties mutually agree that it is in the best interest of the children to do SOi' (iii)The parties agree that they will encourage a relationship with the children's grandparents such that the grandparents may request time with the children for one weekend every other month. This custody period will be during the time that the parent is exercising rights of partial custody such that he or she has custody of both children. The grandparents may also request time with the children during the summer vacation periods when that specific parent has custody of the children as per Paragraph 8(g), below. (d) Holidays - The parties shall alternate physical custody of the children on the following holidays: New Year's Day, Memorial Day, Fourth of July, Labor Day and Thanksgiving, beginning with Husband having custody of the children on the Fourth of July, 1998. The holiday periods of custody shall be from 8:30 a.m. through 8:30 9 , . . ' p.m. The parties also agree that the christmas holiday shall be divided in~~w custody periods with one being I;). (,,\"0..,) "::J.,l.. from ~~0-p7ID. on D em er 24th through Noon on December 25th and the other being from Noon on December 25th through Noon on December 26th. The parties shall alternate the Christmas holiday periods beginning with Wife having custody of the children on December 24, 1998 through December 25, 1998. e) Father's/Mother's Dav - Husband shall have physical custody every Father's Day and Wife shall have physical custody every Mother's Day regardless of the , , regular custody schedule. The period of custody shall be from 8:30 a.m. through 8:30 p.m. on that day. f) Birthdavs - The parties agrees that the non- custodial parent shall be entitled to five (5) hours of physical custody on the children's birthdays. g) Vacation - Wife and Husband agree that they shall each be entitled to three (3) separate" nonconsecutive weeks of custody each summer for the purpose of vacations. The summer vacation custody periods will supersede the regular custody schedule. Each parent shall give the other thirty (30) days notice of the dates of the summer custody periods for vacations. h) Aqreement to Vary - Wife and Husband, by mutual agreement, may vary from this schedule at any time, but the Order shall remain in effect until either party petitions to have it changed. i) Transportation - The parties agree that they shall equally share the transportation responsibilities regarding the transfers of custody as per this Agreement. The party terminating the custody period shall be responsible for transportation. j) children's Well-Beinq - The parties realize that the children's well being is paramount to any differences they might have between themselves. 10 , ' I , Therefore, they agree that neither party will do anything that may estrange the children from the other parent, injure the opinion of the children as to the other parent, or which may hamper the free and natural development of the children's love or respect for the other parent. 9. MEDICAL INSURANCE. The parties agree that Wife shall maintain insurance coverage for Husband and the children until such time as the parties' divorce is final and a decree is issued. At the time of the issuance of a divorce decree, wife shall be responsible for maintaining a valid and effective medical insurance policy for the children of the parties. The parties shall share equally any uncovered medical, dental, prescription, eyecare, orthodontic and counseling expenses for the children which are not otherwise paid by medical insurance. The obligations set forth herein shall continue until such time as each children have graduated from college or have earlier terminated their education. 10. TAX DEPENDENCY EXEMPTIONS. The parties agree that each shall be entitled to claim the tax dependency exemption for the child in his or her primary custody and shall be entitled to utilize any tax credits for the one child in his or her primary custody. The parties shall also execute any forms or other documents necessary to effectuate this paragraph. 11. REAL ESTATE. The parties acknowledge that they are the joint owners of the marital residence situate at 36 Monarch Lane, Mechanicsburg, Pennsylvania. The parties stipulate and agree that from the date of this Agreement, Husband shall have exclusive use and occupancy of the marital residence and shall assume as his sole obligation all of the expenses incident to the use and ownership of the marital home, including, without limitation, any and all mortgage payments, taxes, liability and fire insurance, utilities, sewer, water, refuse collection, assessments, proper maintenance, repairs, additions and improvements. Husband further covenants and agrees to indemnify and hold wife harmless from any such liabilities, obligations or expenses or any claims or demands as a 11 , . , , result thereof. Husband assumes all liability thcrefor, and it is the intent of the parties to remove Wife from the Mortgage and Dced for the marital residence as soon as is reasonably possible. The parties acknowledge that Husband shall havc the sole right to claim any available tax deductions associated with the residence for any time subsequent to the date of execution of this Agreement. Both parties agree to make, execute, and deliver any and all such instruments as may be deemed necessary or desirable for the purpose of transferring to Husband the Deed/Title to the marital home and removing Wife from the mortgage and such other encumbrances that may apply. The parties stipulate and agree that they shall share equally any equity that exists in the marital home on the date of the execution of this Agreement, with the value of the distributable amount of the equity being calculated after a deduction for the costs of the transfer of the residence. The determination of the value of the equity of the residence on that date shall be established by an appraisal to be conducted by a professional rea~ estate appraiser. If a party disputes the appraisal amount, that individual may have an appraisal conducted at his or her expense with the parties utilizing the average of the two appraisals as the value of the residence for the purpose of determining the amount of equity in the property. The parties further stipulate and agree that the value of the distributable equity in the residence shall be utilized to pay the liabilities designated in Paragraph C herein, as mutually agreed upon by the parties at such time as is reasonably possible. Therefore, after the appraisal, the parties will agree upon a date for Husband's purchase of W~' e' equity in the property. Husband CIa .D a V:> ~ '<;"A.. will have em!! l e;;(r to ref' a ce the property such that he can purchase Wife's equity in the property and removeheri}me from the 'io,DO,-,\'-; -SL.I... /J...jJ Mortgage and Deed. Upon the e'x;p-i-l"Flt--j,ol'l-of_one y.ea "'ff Husband cannot refinance the property such that Wife's name can be removed from the Mortgage and Deed, the residence will be listed for sale with the distribution of equity as designated herein taking place 12 o .' o , at the time of the consummation of the sale of the residence. As designated above, the distributable equity amount shall be determined after the payment of all costs associated with the transfer of the residence. The parties also agree that, as a shml of good faith, Husband will advance to Wife certain equity amounts as follows: the sum of Five Thousand Dollars ($5,000.00) to be utilized for a down payment on the purchase of a residence by Wife; and up to Five Thousand Dollars ($5,000.00) for closing costs associated with Wife's purchase of a residence, provided that these sums are deducted from the amounts due Wife at the time of the distribution of the equity in the martial residence. If the amounts advanced to Wife exceed her equity in the residence upon the date of distribution of the equity, the amount in excess shall be a loan which Wife shall repay to Husband within 3 years and upon repayment terms mutually agreed upon by the parties. 12. CONDOMINIUM. The parties acknowledge that they have an ownership interest in a condominium in the Palms, situate in Myrtle Beach, South Carolina. The parties stipulate and agree that their interest in this property and any equity therein shall be awarded to Husband. He shall be entitled to exclusive use and occupancy of same from the date of this Agreement. Both parties further agree to make, execute, and deliver any and all such instruments as may be deemed necessary or desirable for the purpose of transferring to Husband the Deed/Title to the condominium and removing Wife from any obligations or such other encumbrances that may apply. 13. COUNSEL FEES AND COSTS. Husband and Wife each agree to , pay and be responsible for their own attorney's fees and costs incurred with respect to the negotiation of this property settlement Agreement and the divorce proceedings related thereto. 14. DIVORCE. A Complaint in Divorce has been field to No. 98- 4427 in the Court of Common Pleas of Cumberland county, Pennsylvania, and either party shall be free to proceed without further delay to secure the divorce. Both parties shall sign an affidavit evidencing their consent to the divorce, pursuant to 13 , . , ' section 3301(C) of the Divorce Code. In the event, for whatever reason, either party fails or refuses to execute such affidavit upon the other party's timely request, that party shall indemnify, defend and hold the other harmless from any and all additional expenses, including actual counsel fees, resulting from any action brought to compel the refusing party to consent. Each party hereby agrees that a legal or equitable action may be brought to compel him or her to execute a consent form and that, absent some breach of this Agreement by the proceeding party, there shall be no defense to such action asserted. 15. RECONCILIATION. Notwithstanding a reconciliation between the parties, this Agreement shall continue to remain in full force and effect absent a writing signed by the parties stating that this Agreement is null and void. 16. INCORPORATION IN FINAL DIVORCE DECREE. The terms of this Agreement shall be incorporated but shall not merge in the final divorce decree between the parties. Any Court having jurisdiction shall enforce the provisions of this Agreement as if it were ~ Court Order. This Agreement shall survive in its entirety, resolving the spousal support, alimony, equitable distribution and other interests and rights of the parties under and pursuant to the Divorce Code of the Commonwealth of pennsylvania, and no court asked to enforce or interpret this Agreement shall in any way change the terms of this Agreement. This Agreement may be enforced independently of any support order, divorce decree or judgment and its terms shall take precedence over same, remaining the primary obligation of each party. 'I'his Agreement shall remain in full force and effect regardless of any change in the marital status of the parties. It is warranted, covenanted and represented by Husband and Wife, each to the ~ther, that this Agreement is lawful and enforceable, and this warranty, covenant and representation is made for the specific purpose of inducing the parties to execute the Agreement. 17. DATE OF EXECUTION. The "date of execution" or execution date" of the Agreement shall be defined as the date upon which it 14 , ' , , is executed by the parties if they have each executed the Agreement on the same date. Otherwise, the "date of execution" or "execution date II of this Agreement shall be defined as the date of execution by the party last executing the Agreement. 18. FULL DISCLOSURE. Each party asserts that he or she has made or shall make a full and complete disclosure of all the real and personal property of whatsoever nature and wheresoever located belonging in any way to each of them, of all debts and encumbrances incurred in any manner whatsoever by each of them, and of all sources and amounts of income received or receivable by each party. 19. ENTIRE AGREEMENT. This Agreement contains the entire understanding of the parties, and' there are no representations, warranties, covenants or undertakings other than those expressly set forth herein. 20. BREACH. If either party breaches any provision of this Agreement, the other party shall have the right, at his or her election, either to sue for specific performance or for damages for such breach, and the party breaching this Agreement shall be responsible for legal fees and costs incurred by the other in enforcing his or her rights under this Agreement. 21. WAIVER OR MODIFICATION TO BE IN WRITING. No modification or waiver of any of the terms hereof shall be valid unless made in writing and signed by both of the parties. 22. ADDITIONAL INSTRUMENTS. Each of the parties shall from time to time, at the request of the other, execute, acknowledge, and deliver to the other party any and all further instruments, including Deeds and other real estate-related documents, titles, or other documents that may be reasonably required to give full force and effect to the provisions of this Agreement. 23. SEVERABILITY. If any term, condition, clause or provision of this Agreement shall be determined or declared to be void or invalid in law or otherwise, then only that term, condition, clause or provision shall be stricken from this Agreement, and in all other respects this Agreement shall be valid and continue in full force, effect and operation. 15 -- U') ,- C:-.-, c'> .")w I, ,.'" '-,- I' , C , li ,j ; , i , - / \ ; .) ~.l ; , , t.) U L' " , . , , JAMES R. LINN, plaintiff : IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 98-4427 CIVIL va. : . . : CIVIL ACTION - LAW : IN DIVORCE SANDRA L. LINN, Defendant PRAECIPE TO TRANSMIT RECORD TO THE PROTHONOTARY: Kindly transmit the record, together with the following information, to the court for entry of a divorce decree: 1. The ground for divorce is irretrievable breakdown under Section 3301 (c) of the Divorce Code. 2. The complaint was filed on July 31, 199B. 3. Date and manner of service of the complaint: August 7, 1998, by Acceptance of Service of Defendant, as evidenced by the same filed with the Court on August 13, 1998. 4. The plaintiff's Affidavit of Consent was executed by the plaintiff on November 5 , 1998, and filed on November ;2...0, 1998. The Defendant's Affidavit of consent was executed on November 5 , 1998, and filed on November ~O, 1998. --- 5. plaintiff executed a Waiver of Notice of Intention to Request Entry of a Divorce Decree under 3301 (c) of the Divorce Code on November 5 , 1998, and said waiver was filed on November ~O, 199B. Defendant executed a Waiver of Notice of Intention to Request Entry of a Divorce Decree under 3301 (c) of the Divorce Code on November 5 , 199B, and said waiver was filed on November ~O , 1998. --- 6. There are no related claims pending. The parties have resolved all related issues by agreement. Respectfully submitted, LAW OFFICES OF CRAIG A. DIEHL Dated: 11/)10/(('6 II L/ inda A. Clotfelter ttorney ID No. 72 3464 Trindle Road camp Hill, PA 17011 (717) 763-7613 ~ '.. .':0- cr; <:'-' 1.--; ~-:: :~j u.: ('~ C) (-) , " t.:: l, " , ,I cj -. , .,",::1 c'. v.! (.....,: -~ - " , ; ~.{: c, u. .- LI , (5 Cj\ JAMES R. LINN, . IN THE COURT OF COMMON PLEAS OF . Plaintift CUMBERLAND COUNTY, PENNSYLVANIA . . NO. tlJ. - 1/1../)-) . , I vs. . , ( . {?t~(, .' : : SANDRA L. LINN, CIVIL ACTION - LAW Defendant . 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 action. You are warned that, if you fail to do so, the case may proceed without you and a decree of divorce or annulment 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, York County Courthouse, 28 E. Market street, York, Pennsylvania. IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY, LAWYER'S FEES OR EXPENSES BEFORE A DIVORCE OR ANNULMENT IS G~TED, 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. LAWYER REFERRAL SERVICE of the Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 (717) 249-3166 JAMES R. LINN, IN THE COURT OF COMMON PLEAS OF plaintiff . CUMBERLAND COUNTY, PENNSYLVANIA . . . . . C(~.J -r;- VB. : NO. 1 f, 'I 'I ~ 7 . . . . SANDRA I.. LINN, . CIVIL ACTION - LAW . Defendant : IN DIVORCE COMPLAINT UNDER SECTION 3301(CI OR 3301/D) OF THE DOMESTIC RELATIONS CODE And now comes Plaintiff, James R. Linn, by and through his attorneys, Law Offices of craig A. Diehl, and files this Complaint in Divorce, respectfully stating in support thereof the following: 1. plaintiff is James R. Linn, an adult individual who currently resides at 36 Monarch Lane, Mechanicsburg, cumberland County, pennsylvania 17055. 2. Defendant is Sandra L, Linn, an adult individual who currently resides at 301 East Main street, Mechanicsburg, cumberland County, Pennsylvania 17055. 3. Both the plaintiff and the Defendant have been bona fide residents of the Commonwealth of Pennsylvania for at least six (6) months immediately previous to the filing of this Divorce complaint 4. Plaintiff and Defendant were married on September 6, 1980, in Cumberland County, Pennsylvania. 5. The parties have been separate and apart wi thin the meaning of the pennsylvania Domestic Relations Code since April 23, 1998. 6. There have been no prior actions of divorce or for annulment between the parties. >- ('oj r;; r.r; c: f:!, ~- w9 N ~:;1; ( ?("-j .- CJ."-:; ~... "- - ~::-- (~r:~ ,,- ():'j J .c, ,., ~;~(9 1_)1,<. LJJt~." (';'7 --J11 J (,'.1 rt"Ji.O G::.., :::J ~Qn. ~ "" .....,4 It. <0 ::J 0 en U ..J X w is ci Cl ~ < &t 5 ~ II. ;:: o J; en Q!::: ~ W c( 0 C') La.; ~,~ ~ co lL w <C t;-. U. ...JQ. (I] . o ~:f~ .::: a: x;:: < i!li J; ..J ,\13 OJ <0 lu 8 w <( '" a: Q. ~ ~ w --; z > on -- 0 ~ <( a: _ ::; "'... i C) E- N Z 5i! a: "- w .... ',. ~ . , JAMES R. LINN, . IN THE COURT OF COMMON PLEAS OF . plaintiff CUMBERLAND COUNTY, PENNSYLVANIA : VB. . NO. 98-4427 CIVIL . . . . . SANDRA L. LINN, CIVIL ACTION - LAW Defendant IN DIVORCE ACCEPTANCE OF SERVICE I, SANDRA 1,. LINN I Def~nda~'t i::; th~; above-captioned matter hereby accept service of the Complaint in Divorce filed by -t;j" Plaintiff. Service is accepted on the ~ day of August, 1998. -J Cvv-~ J, J- ~~ SANDRA L. LINN, Defendant 301 East Main Street Mechanicsburg, PA 17055 '- ~ -' b. c--.' u (~ ~ c:. '.';, ~. . , , .- ~:. <j , L.i (::1 I. , l....: , , L.:. , ~ <: u (.:; ; () ", f,) <;: -.. '>- !-~ L... <,-' " ~~~ "\ , \"'-' .. , UJ , () , c f;.: , ::.J CJ ,- ., . '.1 ~ CJ c...: .-.. S t , ~", -, ll: ('.:,' C'_ " ~ .' ::s l.i I~C U 0 " c..J JAMES R. LINN, IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA . . . . VB. NO. 98-4427 CIVIL . . SANDRA L. LINN, . 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 July 31, 1998. 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety (90) days have elapsed from the date of filing and service of the Complaint. 3. I consent to the entry of a final decree of divorce after service of notice of. intention to request entry of the decree. 4. I understand that I may lose rights concerning alimony, division of property, lawyer's fees and expenses if I do not claim them before a divorce is granted. 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: 1//5 )'1 i? . , ~~c0a~' ,~ NDRA L. LINN, Defendant >- ..:1" C ,,: ~, .....' -~ , " \J 1 '.J c..J , H': (~'J , ...-:! C) : '" C'_ LL , ..' -,- , C": '". ,~