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'I further acknowledge that the marital residence is titled in
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'I their names as husband and wire and that it is encumbered by a
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mortgage held by Financial Trust Company, or its successor by
'I merger or other corporate reorganization.
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I, title and interest in and to the marital residence by special
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Ii warranty deed, free and clear of all encumbrances except the
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Wife agrees to convey to Husband all of her right,
mortgage obligation indicated above.
Husband agrees to pay and
be solely responsible for the Financial Trust Company mortgage.
Husband agrees to indemnify and hold Wife harmless of and from
any and all liability relating to the aforementioned mortgage.
Husband agrees and acknowledges that he shall be
solely responsible for and pay all utilities, taxes, expenses
and maintenance associated with his use, ownership or occupancy
of the marital home.
6. PAYMENT FROM HUSBAND TO WIF~. Upon the delivery to
Husband of the special warranty deed made reference to in
Paragraph 5 above, Husband shall pay Wife the sum of $15,000,00
in further settlement and as part of the equitable distribution
of marital property between the parties.
7. BANK ACCOUNTS. Any bank accounts jointly held by the
parties up to the time of their separation have been divided by
mutual agreement to their satisfaction,
LAW OFFICES
SNEL8AKER.
BRENNEMAN
8: SPARE
8, MARITAL DEBT AND FUTURE OBLIGATIONS. The parties
acknowledge and covenant that there are presently no unpaid
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LA..... OF"F"ICES
SNELBAKER
BRENNEMA~
& SPARE
debts or obligations other than the mortgage made refercnce to
in Paragraph 5, above,
The parties agrce that any and all loano, dcbts and/or
obligations incurred subsequent to October 7, 199U shall be the
, sole and separate liability and responsibility of the party
'! incurring the obligation and each party agrees that he/she will
" not incur or attempt to incur any obligations for or on behalf
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of the other party and will indemnify and hold harmless the
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" other party of and from any and all liability arising from such
I future Obligations.
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9. PENSION. RETIREMENT PLANS. BENEFITS AND EMPLOYMENT
BENEFITS,
Each party waives and forever releases the other of and
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" from any and all claims which either may have against any
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:i pension, 40lK Plan, retirement plan or any other retirement
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:i plan, benefit or employee benefit or benefits of the other,
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10.
RELEASE OF SUPPORT AND RIGHTS UNDER DIVORCE CODE,
Unless otherwise specifically provided herein, each party
waives and forever releases the other party of and from any and
all claims which either may have against the other for spousal
support and for all claims which either may have against the
other by reason of and pursuant to the Pennsylvania Divorce Code
(and the divorce law of any other jurisdiction)
including, but
not limited to, alimony, alimony pendente lite, equitable
distribution of marital property, counsel fees, costs and
expenses, except that the performance of any obligation created
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hereunder may be enforced by any remedien under the Pennsylvania
Divorce Code,
11, DIVORCE, The partie" agree to terminatp their
marriage by mutudl consent without counselling and each agrees
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:1 to execute the necessary affidavits, waivers and consents to
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procure a Consensual divorce under the provisions of the
12.
GENERAL RELEASE,
Husband relinquishes his inchoate
Pennsylvania Divorce Code, such documents to be filed in the
Divorce Action,
intestate right in the estate of Wife, and wife relinquishes her
inchoate intestate right in the estate of Husband, and each of
the parties hereto by these presents, for himself or herself,
his or her heirs, executors, administrators or assigns, does
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hereby remise, release, quit-claim and forever discharge the
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Qther party hereto, his or her heirs, executors, admirlistrators
or assigns, or any of them, of any and all claims, demands,
damages, actions, causes of action or suits at law or in equity
of whatsoever kind or nature, for or because of any matter or
thing done, omitted or suffered to be done by such other party
prior to the date hereof, except that this release shall in no
way exonerate or discharge either party from the obligations and
promises made or imposed by reason of this agreement,
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13. SURVIVAL OF AGREEMENT. It is the intention of the
LAW OffiCES
SNElBAKER
BRENNEM4.N
8: SPARE
parties that this Post-Nuptial Agreement shall survive any
action in divorce which may be instituted or prosecuted by
either party, and no order, judgment or decree at divorce,
temporary, interlocutory, final or permanent, shall affect or
modify the terms of this agreement, but said Agreement may be
enforced by any remedy at law or in equity, includinq
enforcement proceedings under the Pennsylvania Divorce Code,
i The parties agree to incorporate this agreement into a separate
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.1 order of court to be entered in the Divorce Action, but this
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'j agreement shall not be merged into said order or decree in
divorce.
14. COOPERATION, The parties agree to cooperate with each
other and to make, execute, acknowledge and deliver such
instruments and take such further action as may hereafter be
determined to be requisite and necessary to effect the purposes
and intention of this Post-Nuptial Agreement,
15. BREACH: INDEMNIFICATION. If either party hereto
breaches any provision hereof, then the nonbreaching party shall
have the right, at his or her election, to sue for damages for
said breach, or seek such other remedies or relief as may be
available to him or her, and the defaulting party shall be
responsible for payment of all reasonable legal fees and costs
incurred by the other party in enforcing his or her rights under
this agreement. Each party agrees and covenants to indemnify
LAW OFFICES
SNELBAKER
BRENNEMAN
8: SPARE
and hold harmless the other party from any and all liability
and/or claims and/or damages and/or expenses (including
attorneys' fees and expenses of litigation) that the indemnitee
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milY sustil i n or milY become 1 iab) f.~ or clnswerablc in any way
I whatsoever, or shall pay upon, or in the consequence of, the
indemnitor's breach of any obligation, term or covenant of
indemnitor under this agreement, inClUding, but not limited to,
indemnitor's obligation to make any payment provided for herein.
16, VOLUNTARY EXECUTION. The parties declare and
acknowledge that they have had the opportunity to have the
provisions of this Post-Nuptial Agreement and their legal effect
fully explained to them by independent counsel of their choosing
and each party acknowledges that this Post-Nuptial Agreement is
fair and equitable, that it is being entered into voluntarily,
with full knowledge of the assets of both parties, and that it
is not the result of any duress or undue influence. The parties
acknowledge that they have been furnished with all information
relating to the financial affairs of the other to the extent
same has been requested by each of them,
17. ENTIRE AGREEMENT. This Post-Nuptial Agreement
contains the entire understanding of the parties and there are
no representations, warranties, covenants or undertakings other
than those expressly set forth herein, The parties acknowledge
and agree that the provisions of this agreement with respect to
the distribution and division of marital and separate property
are fair, equitable and satisfactory to them based on the length
of their marriage and other relevant factors which have been
LAW OFFICES
SNELBAKER
BRENNEMA'.j
&- SPARE
taken into consideration by the parties. Both parties hereby
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.tccppt. t hl' prr)v i H 1 on~~ () t t h 1 ~I ,1(J t"f1fOlnpnt IN 1 t h r"fl:;ppct t () t hn
divinion or pt'opl','ty In lil'u 01 ..nd in lull ,lnd lin"l ''''ttlemnnt
and 'lilti'II,lction 01 .111 cl..imn olfH.J dem,1/1d,; ttl,lt ttwy molY now
hdvo or h(H.f~ttlt(~t. hllVP {I(J,dnnt thp othllJ- for pql1itllbln
dintrihlltion at their p"opel'ly by any COllt't 01 competent
jurisdiction pllrOuilnt to the Pennoylvilnia Divorce Code or any
amendmento thereto,
Each party voluntarily and intelligently
waives and relinquishes any right to seek" court ordered
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i determination and distribution of marital property, but nothing
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herein contained shall constitute a waiver by either party of
any rights to seek the relief of any court for the purpose of
enforcing the provisions of this agreement,
18.
WAIVER/MODIFICATION.
The waiver of any term,
conditions, clause or provision of this agreement shall in no
'IIay be deemed or considered a waiver of any other tern"
condition, clause or provision of this agreement. This
agreement can only be modified in writing executed by both
parties hereto,
19. APPLICABLE LAW,
This agreement shall be construed,
interpreted and enforced according to the laws of the
Commonwealth of Pennsylvania.
20. HEADINGS, The headings or titles of the numbered
LAW OFFICES
SNELBAKER
BRENNEMAN
Be- SPARE
paragraphs of this agreement have been used only for the purpose
of convenience and shall not be resorted to for the purposes of
interpretation or construction of the text of this agreement,
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LAW OFFICES
SNEL8AKER.
BRENNEMAN
& SPARE
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21.
EfFECTIYLJJATI:; .
Thin ~greement shall be d~ted and
:1 become effective on the d,lt" when executed by the l~tter of the
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two parties,
Thin date in referred to an the "effective date"
in this agreement.
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IN WITNESS WHEREOf, the parties have hereunto set their
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respective hands and seills intending to legally bind themselves
and their respective heirs, personal representatives and
;}ssigns.
WITNESSED BY:
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An S. Ewing
Date: (I /17/ 'r~~
(SEAL)
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p{,.. .'.- c/,C'-c~;.?, ~ (SEAL)
Floyd L. Ewing /
Date: /0(.t>-{"~(J'<'- lI, 19'18'
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LAW OFFiCeS
SNELBAKER.
BRENNEMAN
8: SPARE
ANN S, EWING,
IN TilE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO, 98- rrnl_' CIVIL TERM
CIVIL ACTION - LAW
Plaintiff
v.
FLOYD L, EWWG,
Defendant
IN DIVORCE
tLQ.....T ICE
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 for 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 that the court
require you and your spouse to attend marriage counseling prior
to a divorce decree being handed down by the court, A list of
marriage counselors is available in the Office of the
Prothonotary at the Cumberland county Court House, Carlisle.
You are advised that this list is kept as a convenience to you
and you are not bound to choose a counselor from the list. All
necessary arrangements and the cost of counseling sessions are
to be borne by you and your spouse,
IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF
PROPERTY, LAWYER'S FEES OR EXPENSES BEFORE A DECREE OF DIVORCE
OR ANNULMENT IS GRANTED, YOU MAY LOSE THE RIGHT TO CLAIM ANY OF
THEM.
YOU SHOULD TAK~ THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU
DO NOT HAVE A LAWYE~ OR CANNOT AFFORD ONE, GO TO OR TELEPHONE
THE OFFICE SET FORTH BEnOW TO FIND OUT WHERE YOU CAN GET LEGAL
HELP,
Cumberland County Bar Association
2 Liberty Avenue
carlisle, pennsylvania 17013
(717) 249-3166
::'L'14R=".
Attorneys for Plaintiff
ANN S. EWING,
HI TilE COUHT OF COMMON PLEAS Of
CUMHEHLAND COUNTY, PENNSYLVANIA
tlO. 98- ')' nc, CIVIL TERM
CIVIL ACTION - LAW
Plilintit t
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I' fLOYD L, EWING,
Defendant
v,
IN DIVORCE
COMPLAINT
1, The Plaintiff in this action is ANN S. EWING, an adult
individual residing at 801 Walnut Street, Lemoyne, Cumberland
County, Pennsylvania,
2, The Defendant in this action is FLOYD L, EWING, an
adult individual residing in 283 Leib Road, Mechanicsburg,
Cumberland County, Pennsylvania,
3. Both the Plaintiff and Defendant have been bona fide
residents of the Commonwealth of Pennsylvania for at least six
(6) months immediately previous to the filing of this Complaint.
4. The Plaintiff and Defendant were lawfully joined in
marriage on October 7, 1995 in Camp Hill, Cumberland County,
Pennsylvania.
5. There have been no prior actions of divorce or
for annulment between the parties hereto in this or any other
LAW OFFICES
SNELBAKER.
BRENNEMAN
8: SPARE
jurisdiction since the date of the marriage averred in Paragraph
4, above.
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I United states of America,
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G.
Neither party is a member of the armed forces of the
COUNT I - DIVORCE
7. The Plaintiff avers as the grounds upon which this
action is based is that the marriage between the parties hereto
is irretrievably broken.
8. The Plaintiff has been advised that counseling is
available and that Plaintiff may have the right to request that
the Court require the parties to participate in counseling.
9, The Plaintiff requests this Court to enter a decree of
divorce,
COUNT II - EOUITABLE DIVISION OF PROPERTY
10. The Plaintiff and Defendant have legally and
beneficially acquired property both real and personal during
their marriage from October 7, 1995.
11. The Plaintiff requests this Court to equitably divide
all marital property pursuant to Section 3502 of the
Pennsylvania Divorce Code.
WHEREFORE, the Plaintiff, Ann S, Ewing, requests this Court
LAW OFFICES to:
SNELBAKER.
BRENNEMAN
Be SPARE
(a) enter a decree of divorce, divorcing the Plaintiff
from the bonds of matrimony heretofore existing
between the Plaintiff and Defendant;
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J..AW OFFICES
SNELBAKER,
BRENNEMAN
& SPARE
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Date:
order equitable distribution of marital property; and
order such other relief as the Court dooms just
and reasonable.
SNELBAKER, BRENNEMAN & SPARE, P,C,
d'e...,.. .
Oclobor 16, 1998
By:
Keith 0, Brenneman, Esquire
44 West Main street
Mechanicsburg, PA 17055-0318
Telephone: 717-697-8528
Attorneys for Plaintiff
Ann S. Ewing
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VEIUFICATIOtl
I verify that the statements made in the foregoing complaint
true and correct,
I understand that false statements herein
are made subject to the penalties of 18 Pa, C,S, ~4904 relating
to unsworn falsification to authorities,
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Ann S, EW1n
Date:
Oclober 16, 1998
L.hW OFFICES
SNELBAKER.
BRENNEMAN
& SPARE
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ANN S, EWING,
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IN TilE COlJl<'I' OF COMMON PLEAS OF
ClJMBEI<LANIJ COIJN'I'Y, PENNSYLVANIA
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NO, 9"-~910 CIVIL TERM
CIVIL ACTION - LA\.
FLOYD L, EWING,
Defendant
IN DIVORCE
PLAINTIFF'S AFFIDAVIT OF CONSENT
UNDER SECTI_Q1:L:l..:l..Q),..{.QLOF THE DIVORCE CODE
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1. A complaint in divorce under Section ])Ol(c) of the
2, The marriage of the Plaintiff and the Defendant is
Di vorce Code was filed on October 19, 1998,
irretrievably broken and ninety (90) days have elapsed from
the date of the filing and service of the Complaint,
], I consent to the entry of a final decree of divorce
after service of notice of intention to request entry of the
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decree,
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4, 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 falsification to authorities,
Date:
3 -f) 'I - Cl?
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Ann S, Ewing
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LAW OFrle!:!,
SNELElAKER.
BRENNeMAN
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Plainti ff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
ANN S, EWItlG,
v.
NO, YH-~Y10 CIVIL TERM
CIVIL ACTION - LAW
FLOYD L, EWING,
Defendant
IN DIVORCE
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PLAINTIFF'S WAIVER OF NOTICE OF INTENTION
TO REQUEST ENTRY OF A DIVORCE DECREE
UNDER SECTION 3301(0) OF THE DIVORCE CODE
1. r ~o~sent to the ent~y of a final decree of divurce
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.
], 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.
4, 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, S 4ge4 ~elating to
unsworn falsification to authorities.
Date:
~ ')(7 '7,.::/
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Li\W OFFlCUl
SNEl.E3AKER,
BRCNNEMAN
8: SP,\RE
ANN S. EWING,
IN TilE couln Of' COMMON PLEAS 01'
CUMBEHLAND COUNTY, PENNSYLVANIA
Plaintiff
v,
NO. 98-5970 CIVIL TERM
CIVIL ACTION - LAW
I'LOYD L, EWING,
Defendant
IN DIVORCE
AffIDAVIT 01' SERVICE
COMMONWEALTH 01' PENNSYLVANIA)
SS.
COUNTY
01'
CUMBERLAND)
Keith 0, Brenneman, Esquire, being duly sworn according to
law deposes and says: that he is a principal in the law firm of
Snelbaker, Brenneman & Spare, p, C" being the attorneys for Ann
j' S. Ewing, the Plaintiff in the above captioned action in
divorce; that on October 21, 1998, he did send to Defendant
Floyd L, Ewing by certified mail, return receipt requested,
restricted delivery, a duly certified copy of the Complaint in
Divorce which was filed in the above captioned action as
I evidenced by the attached cover letter of the same date and
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Receipt for Certified Mail No, P 206 994 534; that both the
Complaint and cover letter were duly received by Floyd L, Ewing,
the Defendant herein, as evidenced by the return receipt card
for said certified mail dated October 23, 1998; that a copy of
the aforementioned cover letter dated October 21, 1998 is
LAW OFFICES
SNELBAKER.
BRENNEMAN
& SPARE
attached hereto and incorporated by reference herein as "Exhibit
A" and that the original Receipt for Certified Mail and
the Domectic Return Receipt ~re ~tt~ch0d h0rnto and incorporated
by reference herein as "Exhibit B"; and that the foregoing facts
arc true and correct to the best of his knowledge, information
and belief,
14i~~({u '-
Keith 0, Brenneman
Sworn to and subscribed before
me this
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day of October, 1998,
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LAW OfFICES
SNEL8AKER
BRENNEMAN
& SP,'\RE
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P 206 994 534
'I', P)',1.11 ';""... ,.
Receipt tor Certified Mail
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o(!.~~~J~J..':~'__~'~~I-,LI)~::~)!.l-,-t.l..~~,~il1.~t~l! "","U/';_'iJ..
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Whom &. O,llo Dch~ored
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Domestic Return Receipt
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LAW OFFICES
SNEL8AKER.
BRENNEMAN
8: SPARE
.. S NDER:
-8 -Comp/ele items 1 and/or 2 fot additional seMces. I also wish to receive the
';; -Complete items 3. 4a, and 4b. followIng services (for an
~ -~;,dll~o~~~,ame 8,"" oddress on the reverseO,flhiS form ',0 lhal w, B can relum lhis elctf\fj8lraID1CIE~
~ -Attach Ihill form 10 the fronl of lhe mAllpiece, or on lhe back if space does nOI 1~r a
! permit. ~
41 -Wnlo'Return Receipt Requested'on Ihe mallpiaco bolow the article number. 2, glct~gJ!Y
= -The Relum Recolpl WIll show 10 whom the Mlcle was delivered and Ihe dale L.: ti.
c deliverod. Consu pos mas er for ee. _
1 3. Article Addressed 10: 4a. Article Number !
-;; P 206 994 534 E
~ [0' loy<.l l.J. EI,,' i og 4b. Service Type i
8 283 Le i.lj HOdC: ;.~.}'}f~':":, 0 Registered }!X Certified ';
r.1Ccllal!ic~jiJiJrg, ,l'A 1 fi15~ 0 Express Mail 0 Insured ~
( ~- ( ~ '%... 0 Return Receipt for Merchandise 0 COD :i
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,/ 7. Date of Delivery ";
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B. Addressee's Address (Only if requested
and fee is paid)
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