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Home My WebLink About98-06137 ,~ I ~ : ~ i't ~ ~ a < ~ c::t ( ~ ..... . .~ ... I'J I I~ <'<) - ~ \ 60 ~ . . , r- l> n :: I :~I 0 ~ 1 ." J ') ." [ f,) n , , c' \ m 0 (J) U '. 0 , ~) , ,~ ." , , <- vi r:, , l> " " ~) ;,:: ~) m " ~ ;:oJ ", (f) ';f "' '!> -, ;: 0 - r= - r- m .:1 :D r; IJ C ::: ::: ~ ":J '/ ~ ~ =; =; r. .... r r. r - s ,/, :;.. .:r, " ~ c. :::! s c. 'J; :;.. I : '/ r " r: ~ ( " , .. j f , I ( i 1 . '.... , .' Ar"olrl Mt:A MARITAL SETTLEMENT AGREEMENT THIS AGREEMENT, mode Ihis ! '1IIdOY of (. (~_ 1(("1 I)y an" hetween Jeffrey A. Arnold social security number 195-58-2987. tlcrClIlaller calle(l "HW,U<lIlCf', and MaUrie J Arnolc1 social security 11Illllber 164-60-0022. tlercHI<lllel call!'d "Wife" WHEREAS, Hushand and Wife were lawfully marllecl on July', 1969, III tile state 01 ~ . California, United States of America; and. WHEREAS, there were two children horn of tile mamone, namely, Megan, D,Q S 2/23/90 and Zachary, D.Q,S, 2125196; and, WHEREAS, differences have arisen between the parties and It is the intention of I/'Jife and Husband to live separate and apart, and the parties hereto deSire to settle fully and finally their respective financial and property rights and obligations as between each other including, without limitation by specification: the settling of all matters between them relating to the ownership and equitable distribution of real and personal property; the settling of all matters between them relating to the past, present and future support, alimony andlor maintenance of Wife by Husband or of Husband by Wife; and in general, the settling of any and all claims and possible claims by one against the other or against their respective estates, NOW THEREFORE, in consideration of the premises and 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, Wife and Husband each, intending to be legally bound hereby covenant and agree as follows: 1.. li~ON AND NON INTERFJ;R~f'ffiE.: It shalt be lawful for each party at all times hereafter to live separate and apart from each other at such place as he or she from time to time shall choose or deem fit. 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, Each party shall be free from interference, authority and control by the other, as fully as if he or she were single and unmarried, except as may be necessary to carry out the provisions I have ,earl and unrlet<ta"d Ihe confent. on thj'I'age~tl.A.A. .1'91 M.J.A. Alii old W:A of !tH'. Aql(~PrTlf~1l1 NI'lttll" I'dlty ',tI;111 nlol/".I or dll I' f1l pI 10 f'ndl';lvOI 10 1II(111'~lltll' Oltll'f. 01 III i',' any way tliUiI<J') OJ lIlilliqn lilt. OltH'1 nflr III .IIlY ot/tl., way tlll"'II'II' wiltl !tIL' peacdlJl eXlslenc(' :,1 " ,,('potrilll' ;1f1(t i1par11reJflllt!p ollu'l NI'i1lll'l p.1I1y ',tlilll <,ay Of dlJ ilnyltlll1q 10 Ill'uallVt~ly 1IlllIH'IlU' III dllt'l1illi' IIII' 1I11rlOl cllllrJrt'IlIIUlllltll' Idll.., fl.1I1'nl 2, RECONCILIATION: Ttw. A~lreel11enl ~.halJ flol be dl'I'ITlt'd tu have been WillVl'd. extlflOtJlstleU, discharged. telrtllrlatccl, Hlvalldllled or oltwrwlSl' aftt'cfe(1 hy a recollcillilllOIl betwC'ell the p.1I11CS tJerelo. cohabItation between the pi1l11CS, a IIVIIHJ-fouelhcr or resumption 01 mantal relations between 'hem. They shall nol be deemed to have reconciled with the intention of villating or terminating this Agreement unless lhey make such actions throUgtl (l wntlcn Instrument, executed and acknowledged in the same manner as thIS Agreement. 3, Et.JEQRCEMENT: The ~arties acknowledge that Wife liled to Cumberland County Court 01 Common Pleas, Cumberland County, Pennsylvania, Docket Number 98-6137, a no.fault divorce action pursuant to section 3301 (c) of the Pennsylvania Divorce Code, Husband personalty accepted service of the complaint on November 13,1998, It is specifically understood and agreed by tile pa/1ies that the provisions of this agreement relating to equitabie distribution of property and all other matters contained herein i including but not limited to support, alimony, alimony pendente lite, counsel fees, costs and/or f I expenses are accepted by each par1y as a final settlement for all purposes whatsoever, as , . \ contemplated by the Pennsylvania Divorce Code, The parties acknowledge and agree that either 1) upon request by Wife, or 2) on or alter December 1, 2000, they shall execute their respective Affidavit 01 Consent and Waiver 01 Notice and proceed with entering same to said docket for the purpose of finalizing the divorce action, :, Each party shall execute any and all documents which may require his or her signature for the purpose of effectuating all of,the term~ and conditions of this Agreement so as to give full force and effect to this Agreement. I h~ve le~d ~nd IJnde"'~nd the COII'ell" Oil IliI. Ilag~;j.A.A. ,[>111' M.J.A. 2 ^{"olrll.t~^ The p;l/tH~'" Ill/niP' ackflflwll'(/rjt' fiLl! wIder !tIt' P(,I111~)ylv(lIl1a DtvOIce Code 01 1980 as amclle'ed, they are pactl ('nllllpeJ 10 (efllli">l It1;ll ;1 MaslP( pre~.l'je over the dl~soJlJ11()1l 01 :tlf'I' lrlilrfl<l(W i1ruJ all (f'lall'lI ;trluIJilry, t'CO/ll'/Il1C fl1;III,"'; tJl/1 HW.,t,;tfHJ llf.'retJY aqrees Itl;ll Ilf' '.t1i1J1llol milk!! suetl a leque:,l 1".'1'11 lfluuqlt ~,t1dt it r('q(II'~,1 could arqlJably be asserted prior 10 Dt'cclIlher 1, 2000 Should HIJstlilruf w.sert Stich. lie <,/ldll tJP COfl<;ldelf~d Hl breach of Hils C1!Jfcl'ITH'nl anej shall be subjecl 10 paY"I[J Wile 55,00000 III damages SllOuld Husband allempt 10 upset Ihe Wife's fees associated Hl the defense thereof terms of Ihis <lUfCelllenl, he shall be furl/ler sut)Jccl to damages amounting to 55,00000 plus Should a decree, Judgment or order 01 separalion or divorce be obtained by eJlber of Ihe parties in this or any otller slate, country or JUrisdiction, eacll 01 Ille parties l1ereby consents and agrees Illatlhls Agreement "",j all of Its covenanls sl1all not be affected in any way by any such separalion or divorce: and tllat nolhing in any sucll decree, judgment, order or further modificalion or revision Ihereof sh,,1I aller, amend or vary any term 01 this Agreement /I is thereof, may be incorporated by relerence into any divorce, judgmenl or decree, Tllis specifically agreed, however, that a copy 01 tllis Agreement or the substance 01 Ille provisions incorporation, however, shall not be regarded as a merger, il being the specific intent of tile conclusive upon Ihe parties, parties to permil Illis Agreement to SUlYive any judgment and to be forever binding and 4. S POU$ALSJ.J..ee.QRIlAl.lMQNY1AlIMO~'t'EgIYP~f::~TE~llTE_(8.e.l)._CQS.I$...1\NQ gXEE.m.EJ,L~Hl.lD_$JJf~P-QRI: have Ihe righl to assert a claim lor Spousal support, alimony, alimony pendent lite, costs and/or Husband and Wife hereby acknowledge that they have been advised tllat eacll may Ihe income, education, income potenlial, and assets and holdings of the other or have Ilad full available in the divorce action, Husband and Wife further acknowledge that they are aware of expenses, Further, Husband and Wife acknowledge tllat they understand Il1at said rigbls are and ample opportunity to become familiar willl such items, I f,~ve le~rl ~nrl undel~t~t!rl ti,e eOlltet!t~ at! tlti, 1,~~t(J.AA J1iLL M.JA g A"uM M<:A A THROUGH December 31. 1998 Husband hereby aVrces to ttHlI he shall depoSit all of Ills paychecks from 1115 employment vllth tlw Commonwealth of Pennsylvarlla, or clllY other employer he may have from lime 10 tllne, mlo the parties Members FIrst Joml checkHlH account HllSt)<IIll1's oolloaliol1 to (lL'pasll Stud wanes stlilll lermianle UIl December 31. 1998. midlllgllt B, COMMENCINGJ,1I1ll<1I'Y 1, 1999 CommenclIlg January 1, 1999, Husband shall pay unto Wife the total monthly sum of 5550,00 per month This amounl shall be payable either in full or in partial payments 111 the event It IS paid 111 full, It shall be due on the 1st day of each and every month, Should Husband elecl 10 make partial monthly payments, said monthly payments sflall occur every two (2) weeks and shall be in the amount of 5253,85, In the event any two (2) or more payments due as provided herein are late by four (4) or more days Ihroughout any calendar year, then Wife in her sole discretion shall be entitled to sublllit Ihis agreement to a court of competent jurisdiction in order to enforce her entitlement to receive support from Husband and such entitlement shall be further acknowledged and enforced via wage attachment. Husband shall provide his cooperation in every respect C, WlEE'WEl\LIl:JJ.f\lSJ.JB8!'l~E: tt is understood and agreed upon by the parties thai Wife's health insurance provided through Husband's employer shall remain in full force and effect lhroughout the term as set forth in section 3~EI!fQD;e=1. hereinabove stated, Upon the entry of the final decree in divorce as provided for herein, Wife may elect, in her own discretion, COBRA coverage such election being at her sole and separate cost Wife shall not declare her health insurance coverage as a form of spousal support, alimony pendente lite and/or alimony and Husband shall not declare the payment of such as form of spousal support, alimony pendente lite and/or alimony, D, Each party shall be responsible for their own fees, expenses and costs associated with this case excepting anything provided in this agreement 10 the contrary, LIFE INSURAl\lC,E; I frijve teijd ijnd undm.fijnd tfre ,0I1fel1l. 011 tlli."ijrg1:J.A.A. J 'A ~!2 M.J.A. 4 Arnold M~A Hu')lJand ~.tlaIJ 1I1illlllill/J (I Fifty TtHHI'),IfHt (S50,000 00) Dolliu l",m IIle IIlsurilllce pOlICY IltlITltfl(J the p~H1te~;' ctuldlt'rl as heneflcltlrlCs so JunU as Ihelr etHIc/ren (lit' flllrHlrs Upon the ces~.alHHI or ~ollCh ohllOilllOll, Hushand IS lree to n~lIne the l>t'Il!'fICliIlY theleol WIfe may arllluillly Il'quP~JI a copy of llle polICY eVHJellclr1q thl'lr ctllldlt'll tlf'IWl rll'''I~Jn;llp(j ilt; tll.'llfllw.I<Hll'S and Huc;b.lrHJ stlall so provlcle ~lllch 5, EQUITABLE DISTRIBUTION: A, REAL ESTATE: 35 SQUill 39th Slreel. CamP Hill. CUl1lberJ<1l1dCounIY.f'el1nsylvania. 17011. Parcel Number; 1 0-21-0275.230 Husband and W,fe are owners <1S ten<1nts by the entireties of 35 South 39111 Street. Camp H'II, Cumberland County, Pennsylvania, 17011, Parcel Number: 10.21-0275.230, Husband hereby conveys unlo Wife all of Husband's right. title and interest thereto and sh<111 execute upon request a Special Warranty Transfer deed reflecting his relinquishment, waiver and abandonment forever. Husband shal' remain on the mortgage unlil December 1, 2000, At such time, Wife shall become solely responsible for all debts associated with the premise, including but not limited to the first mortg<1ge held by NOlWest Financial or any successors or assigns, interest and late fees as well as all taxes, insurance(s), utilities, municipal charges, and costs/expenses/fees, B, WAIVER OF PERSONAL 1) MARITAL, TANGIBLE AND INTANGIBLE, ASSETS AND 2) NON-MARITAL, TANGIBLE AND INTANGIBLE, ASSETS: Excepting Husband's Grandmother's rocking chair which shall become his sole, separate and exclusive property, Husband and Wife do hereby acknowledge that they have heretofore divided to their mutual satisfaction all non-marital and marital assets including, but without Iimitalion, business interests, p<1rtnership(s), inherit<1nce(s), jewelry, clothing, brokerage <1ccounts, stocks, bonds, life insurance policies or other securities, Individual Retirement Accounts, checking and savings accounts, mutual funds, and other assets whether real, personal or mixed, tangible or intangible, II"IVO ,ond 'Hld llnd""t'I"d 1/'0 co"tonl, 0" I/,i, Iln~l.A.A. ll..l11 M.l.A. 5 A",ol~ M~A HlJ~lballd illld Wife further ilcknowlt'(hl" dlHI i1'I"'" !tldl tlll~ it"',t'l'l In HIP P05';{'SSlfJlI of the olller spouse 511all be ltlflt spolJses ~J()Il' ilnd ~>f'p;lIil'f' plOperly. each parly hereto speclllrally W<lIVlllq, relp<lSlllq. IPllOlHlCI110 ;lIl(l lorplJl" iltl;IIH101l11HI ...."llllIl've( <:1;1111I, II fillY, tIe or ~.tl(' lTIay llave WillI respt!ct to allY ot ttw fOlPOOI1Hj iklll', .'t'IHctl dlt" tile ',(lIe and ~;(,p;H;llf' propprty olttle other C, AUTOMOBILES: The parties agree lllat W,fe 511;,11 become IIle owner of Ihe 1989 Honrla C'v'c automobile If such vehicle IS lIt1ed In Husband's name or "' Joint names, Husband shall make, execute, acknowledge and deliver any and all documents necessary to transfer the t,tle to W,le, Husband does hereby waive, release, and ICllrlqlllSh any and all claim to or interest in said motor vehicle, The parties agree that Husband shall become the owner of the 1989 Hyundai automobile, If such vehicle is titled in Wife's name or in joint names, Wife shall make, execute, acknowledge and deliver any and all documents necessary to transfer the title to Husband, Wile does hereby waive, release, and relinquish any and atl claim to or interest in said motor vehicle, 0, INTENT: This Agreement is intended to distribute all property of the parties, whether real or personal, and whether determined to be separate or marital property, In the event that any property may be omitted from this Agreement, it is understood and agreed that the person having possession and/or title to such property following Ihe execution of this Agreement shall be deemed the owner thereof and eacll of the parties will execute any and all legal documents without any charge therefor to evidence title to such property in the other party, 6.D.DITIONAL.D_QCill!1.-El'lLs': Each of the parties shall on demand execute and deliver to the other any deeds, documents, records or closing statements relating to the sale of real estate under this Agreement, bills of sale, assignment, consents to change of beneficiary on insurance policies, tax returns and othl'r documents and do or caused to be done any other act or thing that may be necessary or desirable to the provisions and purposes of this Agreement. I onv. ,.nd nnd lJnd.,olnnd II,. .0"1.,,to 0" lid' l'ng~.A.A. i!1 fA M.J.A. ,f ! ,~ .' J , " I \ r " 6 ^",nlf' W:^ TAXES HII<,fJdlld tlf'rehy a'.Jrt't.s 10 pay all Income I;]xe~; al)sesst>(j <Iqall1st tllfll, If ;lIly, as <I result at Ille {jIVI~IOIl 0' !tIt' propP/tv at tile partIes IlerCIJIHJer Wife Ilcrcoy anrl'l'~, to pay .111 Iflcomc taxes a~~('~":l"(l ilClalfl'if her, If any, as a (('sul! of the dIVIsion of the propP/tv 01 Itlt' p.1I1les tlC/PLH1(jPI 6. AFTER ACQUIRED PROPERTY: Each of the parlfe~ stlall herealtcr OWIl and enJoy, indepcmJenlly of (lny claim or rratH at the other, all Items of propel1y, be they real, personal or mixed, tangible or lI,tanglble, WhlC11 arc hereafter acquired by 'mil or her, wIth full power in him or her 10 dIspose of the same as fully and effectively, in all respects and for all purposes, as though he or she were unmarried, The parties hereby agree thaI, as to ai/ assets nof specifically mentioned herein whlct, are presently titled in the sole name of one of the par1ies hereto or, if untitled, are presently in the sole possession of one of the parties hereto, the party not having title thereto or possession thereof hereby waives, releases, relinquishes and forever abandons any and all claims therein, and acknowledges that the party having title or possession of such items shall be the sole and exclusive owner thereof. L D_~BTS: A, Wi[e~s_QJtb.ll;; Wife represents and warrants to Husband that since the parties' separation she has not and in the future she will not contract or incur any debt or liability for which Husband or his estate might be responsible and shall indemnify and save harmless Husband from any and all claims or demands made against him by reason of debts or obligations incurred by her, S~ ~Qi!D.p~J,-D_ej:J.li: Husband represents and warrants to Wife that since the parties' separation he has not and in the future he will not contract or incur any debt or liability for which Wife or her eslate might be responsible and shall indemnify and save harmless Wife from any and all claims or demands made against her by reason of debts or obtigations incurred by him, c~ JQinLR.el:J.li; , hnve tend nhd uhdel'tnlld Ifre eon'ento on Ilrio Im~.A.A. M 1// M.J,A. 7 A"'/llrl M<:A HU'.baIHl -.tli!11 IlL' ~)oJl'ly 1<".rlflflSltJl" fOl "1(~ Sl.000 0010<11\ from tll') p,lft'nls Husbanu shall J!HlpfIlfllfy alH1 1101(1 WIt" t1;lIlTlless lor all past. prescnt ,lIHl/or lutwp <llflounl(s) (fue and OWlrlfJ a~ WI'II as ,lilY ,Hlff dJl '>llIl';, ilctlons cOlllprorlllsPs. tic wtll(;t! lIlay anse from Stich oolloalloll On Dl'cernlH'r 31, 1998, It", parlles agree Itlat Itll'Y shall evenly diVide their eXlStlllg balances all Itlclr JOint debl obligatlOlls at said IllllC. NCJlher P;:1l1y shall increase the debt of their joint accounts by uSIng such account for pcrsonnl acquiSitions. BOlh parties agree that they may from time to tltne consult and agree to modify thiS provision provided such modi Ii cahan is placed in writing, executed by both panics and witnessed 'hereon, The pan iI's hereby lunher agree to set fonh In writing those debts which arc assigned to each one individually in December 31, 1998, and funher agree to indemnify and hold the other harmless thereon for any suits, claims or actions ansing therelrom 0., In <lelJlJ1ifica!io,O: All further debts incurred by the parties shall be their individual responsibility, Each party represents and warrants to the other that he or she has not incurred any debt, obligation, or other liability, other than described in Ihis Agreement, on which the other party is or may be liable, Each pal1y covenants and agrees that if any claim, aclion or proceeding is hereinafter initiated seeking to hold the other party liable for any 01 her debts, obligations, liability, act or omission of such party, such party will at his or her sole expense, defend the other against any such claim or demand, whether or not well-founded, and that he or she will indemnify and hold harmless the other party in respect of all damages as resulling therefrom, Damages as used herein shall include any claim, action, demand, loss, cost, expense, penalty, and other damage, including without limitation, counsel fees and other costs and expenses reasonably incurred in investigating or attempting to avoid same or in opposing the imposilion thereof or enforcing this indemnity, resulting to Husband or Wife from any inaccurate representation made by or on behalf of either Husband or. Wife to -'he other in this Agreement, any breach of any of the warranties made by Husband or Wife in this Agreement, or breach or default in performance by " / !,ijve leijd ijnd Itlldr.t.fijlld IIw conlolll. on IlJi./Hll',r,/Ji).A.A. ,MilL M.J.A. 'Ii' ^",nlrl M~A Husband or Wife of any of !tie otlllua11ol\';. 10 tJe performed by ~,llch par1y IWIClHldcr T1H~ Husband or Wife agrees to 01ve the oHler plOlllpl vmllcn notice 01 any Illlqatlon threatened or inslilulC(! aaalllsl elllwf pany wtllctl 1Jl10hl constitute the tJasis for a cl;lIITl for Indemnity pursuant to the term, of tillS Agreement 8, FULl. DISCLOSURE: The parties acknowledge thai each of tllOm have had a filII anti ample opporturllty to consult with counsel of their CllOicc regarding their claims arising out of ttlC marriage and divorce and that they have specifically reviewed their rights to the eqUllable distnbution of marital property, inclllding rights of discovery, the right to compel a filing of an Inventory and Appraisement, and the right to have tile court review the assets and claims of the parties and decide them as part of the divorce action, Being aware of Ihose rights, and being aware of the marital property owned by each of the parties, the parties hereto, in consideration of the other terms and provisions of this agreement. do hereby waive, release and quitclaim any further right to have this court or any other tribunal equitably distribute or divide their marital property, The parties acknowledge that they h3ve been fully advised and informed of the wealth, real and/or personal property, estate and assets, earnings and income of the ott,er and are familiar with and cognizant of such and the value thereof, or has knowingly waived such advice and/or information, The parties hereto have been fully advised and informed of alt rights and interests which, except for the execution and delivery hereof, have been conferred upon or vested in each of them by law with respect to the property or estate of the other by reason of their marital status, or has knowingly refused or waived such advice or information, ~ fLE.kEAP..E's_: Except as othelWise herein provided, each party releases and discharges completely and forever the other from any and all right, title, interest or claim or past, present or future support, division of property inCluding income or gain from property hereafter accruing, right o( dower and courtesy, right to act as administrator or executor in the estate of the other, right to distributive share in the other's estate, right of exemption in the estate of the other, or any other property I h'lve tend nod ulldet<tnod the contonl, on thi, IJOJ;[~i{J.A.A, mLL M.J,A. 9 A/TIOI" M~A rlghls, bene fils or privileges accrlllllll 10 .'.1111'1 palty hy vIII"" 01 ','"{! n"Ir"a~JI' relallon,'"p, or otherwise, and whelher Ihe same a{e oonl"I(pd hy 1111' ','atutory law O{ by llle comll1on law 01 Ihe Commonwealll, of Pennsylvania, or any olllpr sial., or 01 1111' (;O""""n law of 1111' Ulllterl Sta'e, of America II is furllwr specifically umlers'ooll allll anreerl I,y arlit helween Ihe parties herelo, Ihat each party accepls 1110 provisiolls l10reln marte III lieu of and ill full selllemenl and sallsfaction of any and all of said parties' righls againsl the ollwr for ally past. presenl and future claims 011 accounl 01 support, maintenance, alimony, alllnony pendente IlIe, counsel fees, COSls and expenses, equitable distribution of marital property and any olher claims 01 each party, including all claims raised by Ihem in the divorce action pending betweenlhe pal1ies, 1 O~ C1:lIJ..O..REN: I. C.!.LS.LQO-Y: The parties hereby agree thai Wife shall have primary CUSlody of Iheir minor children, namely, Megan, DOl3 2123/90 and Zachary. DO Il 2/2<'/%, A. S~H~QW.E: Husband shall enjoy CUSlody as follows: 1, Every other weekend from Friday, 5:00 p,m, through Sunday, 5:00 p,m, 2, One week during the summer, 8. C-QOPEOB8ILO..N: The parties shall cooperate in exchanging the children during any periOd when school and/or daycare does nor coincide wllh the schedule defined, The parties may modify this schedule provided they mUlually consent to such mOdification(s), C, !10~MQ.K1N"-El4)L!RONME!1,[: The parties agree that neither shall place Ihe chitdren in a smoking environmenl and shall lake all necessary steps in order to prolect the children from such an environment. II, ~QRI: I hr,vo tea" alld I/I,dOlOlall" Ihe cOlllelllo OIlIlIiO/mg;:Z@l.A.A. LlLf.i.L M.l.A. 10 A'lLolrlW:A Pardllf,II,tl" <1 A dIU! B PfOvHh'{1 for lu,/t'II1i1I)Qve ,lie tJerehy incoqHllalt'd <1<) ,f fully ~)el fOf1h t!prl'lll rOf IJtlfp:J'Il'~; of lax flflflq eJl'cl<lr,IIIOIl'.. slJch payments stlall hp COlIslcJereu as bCIIHj It1 tile form of dul(l ~.lIpp0l1 2 Hl'a!ttllll'dHdIWt' Hu~Lalld ill',dJY ;UPf'!"; "Iill tll' ~;Ililll contllllH.' to provIde !tIC tlCaJth and denl."l! II1Sllf<lllCe coverage for the child't'n 11, BREACH: If cllller party iJreaclles allY prOVISion of 11115 AgreemenL tile otller party sllallllave Ille rigllL at Ilis or her electron, to sue lor damages lor SUCfl breach, The party breaclling tllis contract shall be responsible for Ille paymelll 01 legal fees and costs inculred by Ihe olher ill enforcing his or Iler flgllls under tllis AgreemenL or seeking such other remedy or relief as may be available to him or Iler 1.2. REERE.SENTAUQN: Both parties have been given tile opportunily to obtain the advice of counsel regarding the provisions of this Agreement and their legal effecl in advance of the dale sel forth above to permit sucll independenl review, In the event eilher party elects to execute this agreement without the advice of counsel, he/slle shall nevertheless be bound hereby and he/she specifically and knowingly waives hislher right, if any, to utilize his/her lack of legal representation as a basis to attack the validity of this Agreement. Each party acknowledges that he or she has had the opportunity to receive independenl legal advice from Counsel from his or her selection, and thai each fully understands the facts and has been fully informed as to his or her legal rights and legal obligations, and each party acknowledges and accepts that Ihis Agreement is, and the circumstances, fair and equitable, and that it is being entered into freely and voluntarily, after having had the opportunity to receive such advice and with such knowledge, and that execulion of this Agreement is not the result of any duress or undue influence, and that it is not the resull of any improper or illegal agreement or agreemenls, I h~ve te~rl ~lid ulide..I~'I(J Ihe eOlilolil. Oli thi'I,~p,r~(,q.A.A. III (/L M.J.A. ;/ II , ,"/lIi,:t! Mf:A 13, VOLUNTARY EXECUTION: Thp prOVISions of this Aorcemcnt are lully LJIHJpf~tood tJY both p.utw'. arllt Ptldl palty ilckl1{Jwl('dqt'~; :hal Oil!; AUJ(!l~lTlenll~~ I.m am! equitable, 111.11 II I'. Ill'1I\(1 t'llkrt'd 11\10 \10111111;1111)' ,lmj thalli 1'.1101 ttw result of any dlHess or UfHJ\Jt.' mlllH.'IICl' FwHlt'r, paUl P;Hty t1cknowledal'~; lhClI he or ~,tle tl<1S the mental capacIty 10 understand the terms pIOVI(h.'d heft:1I1 ilnd has nol been placed lHHJcr duress. coercion or ,lilY physical or mental slrcs~i 14, ENTIRE AGREEMENT: This Agreement contains the entire underslandll1g of HIC f1i.HtICS and t1lCrc arc no representations, warranlies, covenants or undertaklllgs olher 1113n those cxpressly set tortl. herein. lS. PRIOR AGREEMENT: It is understood and agreed that any and all property settlement agreements wlllch may or have been executed prior to the date and time of this Agreement are null and void and of no effect. t~ MODJf'IC.AIlOJ'J~t;D_WAL'lER: Any modification or waiver of any provision of this Agreement shall be effective only if made in writing and executed with the same formality as this Agreement. The failure of either party 10 insist upon strict performance of any of the provisions of this Agreement shall not be construed as a waiver of any subsequent default of the same or similar nature, 1L ~_OXERJIIThLG_LAW: This Agreement shall be governed by and shall be construed in accordance with the laws of the Commonwealth of Pennsylvania, 18. II\IPEI'.l'.I'LD..EI\ILS_EI'.ARAI.E_C.P-Y.EOI\II\f\t'LS,: It is specifically understood and agreed by and between the parties hereto that each paragraph hereof shall be deemed to be a separate and independent covenant and agreement. 19. Y_QlD_G.LAW:iE-&: I hQve 'e~d 'I"d u"dctgl~"rJ 11,0 co"te"t. 0" Illig '''Igp!(.[ep,.A.A. Llilil- M.J.A. 12 '. An,ol" MQA f I ; If allY h~I111. cOlldllton. claw~e. or prOVISion 01 Itll'. I,qff'l'rrlt'nl ~ihall he rlelernlltled or declared 10 be vOid or IIlvalid III Itlw 01 otherwise, 1I\l'1l only lhat term, condllion, ClllllSC O( provIsion shall be stricken tromltlls Agreement aneJ 1/1 all OltlC'f fl".peels ltlis Anrccrncnl stllljJ be valid Hnd contillue III fuJlloree, effecl and operalloll 20, CONSENTS TO DIVORCE: fl The parties agree that they shall execute Affidavits of Consent which shall be flied wllh the court along wilh a Praecipe to Transmil the Record '" Older thai a Decree in Divorce incorporatrng the herein agreement can be issued in [fue course, Z1. QJSJ.RIaJ.!.IlON-.DAIE: The parties hereto acknowledge and agree Ihal for purposes of distribution of property as provided for in this agreement, the date of execution of Ihis agreement shall be known as the Distribution Date, 22.. Ql\r~OE..EXE.G!UIQN: The parties hereto acknowledge and agree thai the date of execution referred to herein shall be known as the last date upon which either party executes this agreement. IN WITNESS WHEREOF, the parties hereto, intending to be legally bound hereby, have hereunto set their hands and seais the day and year first above written, u~ d ~.4~ ~r -A~old . I I WITNESS: ..- \~, " f l~iLC/,\.lll M~urie J, Arnoid' '~ / J ."\ /' c.f- /-'/ I h~ve to~d ~nd undot.I~lId If,o eon/ollt. on thi. IJ~gO~.A.A. 1.l.11L M.J.A. Ig A,,!nlr/ W:A Commonwealth of Pennsylvania COUNTY OF , " , 55 ':'/-' I On thiS, the ~ day of _i-,-~_...:._______, 199_, before me, a Notary PubliC, personnlly appeared Jeffrey A, Arnold, known to me to be the person whose name IS subscribed to the wlltlln Settiement Agreement and acknowledged that he executed the sarne for the purposes therein contained IN WITNESS WHEREOF, I hereunto set my hand and official seal. , i /\--, (~( ,/ NOTARY PUBLIC My Commission Expires Commonwealth of Pennsylvania COUNTY OF ;\t/O' ~ ss, L" O h' h J 1(, Ld f ;:t "'~ 199 7 b f N ntis, t e ~L ay 0 , _' e ore me, a otary Pubiic, personally appeared Maurie J At old, known to me to be the person whose name is subscribed to the within Settlement Agreement and acknowledged that she executed the same for the purposes therein contained, IN WIT ESS WHEREOF, I hereunto set my hand and official seal. ,u ('c '-'----- __"_"'''''' NOTARY PUB IC My COrT]mission Expires: / -----.. I <>, ff4"-' ",...., h'lvo to~d ~"d "rujnt.",,,d thl! 00,,10,,1. 0" I/Ii. 1"lg~.._~~.A.A. .JL!.fL M.J.A. :/ 14- r , Maruie J. Arnold Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA ~: ~' ~ V. NO, 'I,) L.{ 2 'i . / . i ,. ('t ( Jeffrey A. Arnold Defendant CIVIL ACTION. LAW IN DIVORCE " NOTICE You have been sued in Court If you wish to defend against the claims set forth In the following papers, you must take prompt action You are warned that if you fail to do so, the case may proceed without you and a Decree in Divorce or annulment may be entered against you by the Court A judgment may also be entered against you for any other claim or relief requested in these papers by the Plaintiff You may lose money or property or other rights important to you, Including custody or visitation of your chlidren, , When the ground for the divorce is indignities or irretrievable breakdown of the ,narriage, 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 ~\ I' I) I , , 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 2 LIBERTY AVENUE CARLISLE, PA 17013 (717) 2~9-3166h c (('0. James A iller, Esquire for Plaintiff Marule J. Arnold Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v. NO. I . I I,." Jeffrey A, Arnold Defendant CIVIL ACTION. LAW IN DIVORCE I COMPLAINT IN DIVORCE , ~ I 1 Plalnliff IS Maruie J Arnold, who currently resides at 35 S 39th Street. Cumberland County, Pennsylvania, 17011 2 Defendant IS Jeffrey A Arnold whose last known address was 35 S, 39th Street, Cumberland County, Pennsylvania, 17011, 3, Plaintiff has been a bona fide resident in the Commonwealth for at least six months immediately previous to the filing of this Complaint. 4 Plalnliff and Defendant were married on July 1, 1989 in the state of California, United States of America, 5. There have been no prior actions for divorce or annulment between the parties, 6 The Plaintiff is a citizen of the United States of America, 7, The Defendant is not a member of the Armed Services of the United States of America, 8, Plaintiff avers that there are two children of the parties under the age of eighteen, namely Megan, D,Q,8, 2/23/98 and Zachary, 0,0,8, 2/25/96, 9, The Plaintiff has been advised of the availability of counseling and that the Plaintiff may have the right to request that the Court require the parties to participate in counseling, C.O.UHIi RE.QU.ESlEO.RA~..AUl.LOIIJ_QRCEJJJIIt!ER SECTION 3301(c) .QE3.HEDL\(QR~_Q.QE 10, The prior paragraphs of this Complaint are incorporated herein by reference as though set forth in full. , .'C.~. 1 'r" ''-- -- . t.!;?',: ~.::.::~ e;:':-:-';:'4::t. L:.n:: ~..:" S RJ):) i:.:::~ .' , r::.2.-a~-c.~e..s c: :als:.:ic..-c.:C:l to ~'JtJ"';c:.:i:.ie.s. , " ~O ?~. ':-.:'-:-:':C:1 re12ti:q C,-e' ~.o 0....;...._. J ({),. )~;;Je r l ~ ,1 II I I .' ~ \. }.: j.~ : .... ,- (' I T __0.. ~.; S',:':::~':>::"-'~':':~5 ~-.:.'":-:: iJ1 t!~:~ ~~tt2c::~:l 2..YQ t...Y1..:12 cn:i '. r:' ;~ ..'~..;.' '- .~\.,. ':'0 ~ c~-, S:'2:~'"?:'.~.:.s r.e.!'ciJl 2.:"e ~2.CC su:,je-:;t to ,. to ,""""J '.;:\.,."f \.:....s...':;:rn .---2B~U-\pL J' ~LGtv&U , \ I I' : \ :. ~ ' ....:..... (-. >. 0'-, r;:::. "-- (-\..) ~ ~ () if -... \.. '" -"\~ <;:::"" cj' - 0.., v,," ........... CJI 1', r , , '-....... - .........." <---..... (:-- ,10 . I '-, " ..., .;.' '-co J --I ,'.) I:::;J . ~ / ,';;~ ":"1 'Q .. , ...(.J " i"11 .,'" Jri ,:' :) -" , " , o " '., '<, , ."., '''.J . '..... t~~ ",'I ',j I,., ~ t'\ l' ~; ^ , --.. ~, "- " I'\--- ,', ". ". ,,\ , ''-.1 .! t t ~ I 4 I' II " ~ { I,. ~ ;'-- ~ -: ,:' ~~ ':-l .'1/ '''tal . 111.,.. ~:lI.'.'.1 'MI"I'II:l1..'." . . Mauric J Arntlld. Plainlilr In thc ('Ollrt of ('omlT1on Picas ('nlT1bcrland ('Ollllly, Pennsylvania I' NtI IJH-(' I J7 Civil Jcmcy t\. Arnold. Dcfcndant ('j,il Action. Law In Divorcc ACCEITAJIlClUIES.ERYJ.U I, Jeme)' A Arnold. hcrcby acknowledge receipt of the certjfied complaint in divorce filcd to thc abovc tcrm and docket and accept service ofthe same, Date /~i3Jll' ~ , '. v. , . I \.1 , '. J' :'d alII NO'UM ..0_1> .,...,., -"". IOC . H......,......., ".. '''1(1, . I"' '''11:1'''.'', "'I . r... I"' '"" '.11\ .",..", LAW OF'F' CI!:S <OF' .JAMES A, MILLER Mauric J. Arnold, 55#164.60-0022 Plaintiff IN THE COURT OF COMMON PLEA5 CUMBERLAND COUNTY, PENN5YLVANIA v. NO. 98.6137 Jcffrcy A. Arnold, 55#195.58.2987 Dcfcndant 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 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 unlil a divorce decree is entered by the Court and that a COpy of the decree will be sent to me Immediately after It IS filed with the prothonotary I verify that the statements made herein In this affidavit are true and correct. I understand that false statements are made subject to the penalties of 18 Pa CS A Section 4904, reiating to unworn falsification of authorities Date --4,..,z.-I, , ,..(J? eC'~c> / ~d.a~.tk ~ , Arnold