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HomeMy WebLinkAbout98-07090 ~ ~ ~ ~.. "-.. '" ). ~ '-Q ~ ~ I I \ i ., , ;~ : ~ '\~ ":"- ~ "' .:) 'J ~ <:::) ~ '"'- .. " ,. If ) .:.f;.~'.:.>' .:.;. ..:f:....:.:.."-:.).-'.:+:o',-..~. ".:..-;.' .:tt., .=..t-,.:.:- .:.;. .:.;. .:+:..:(1:;' .:.~. '.~..~. .:.;. -:~;.-,:,::-:-=<>:.::.,;-:t>}~~<.X;'~.>;:":.;': ",:-,:,: :~<":C-C'~ ~ .......--. ....--....-.._.....~._.~,.-~-,.-..-_.....-"..----------_._.--........... ----- Iii ~.f ", ,', ~ ~; ~ ~ '.' *- ~.f ~ ~ '.' $ .:. ~ ~ ,', ~ ~ ~.~ ~" ~ ~ ~ '.' ~.~ ~ ,. ~ " , . . IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY l'.!t' STATE OF PENNA, ,CJ:IRISTOl'liER ,A. ,KNOBLE, SR., Plaintiff N () .7090" 1998 VerSllS VIRGINIA A. KNOBLE, Defendant ~ ~ '.~ k' '.~ " ~ IW W ~~ g ~ Ii! , " ..' DECREE IN DIVORCE -V ~ 'j' '2-- '-1, AND NOW, . ..' \U ' .... .~.., 19.. ~,. it is ordered and ? decreed that"., ,ql,R)ST9,~Ijj;;R, .~" KNql?~)::." .$R,."".,.,.."". plaintiff, and..."",.. ,V;J:RGIl:l;J:l\ ,~., KNOI31..E,."".,.."."..,....... defendant, are divorced from the bonds of matrimony, and the Agreement of the parties dated November 26, 1999, is incorporated into this Order. The court retains jurisdiction of the following claims which have been raised of record in this action for which a final order has not yet been entered; w ~.' ~ ~ " ,None.. . , , , , , . . , . ' , , .., ,.............. .., ..................... ~ fI. " ~ ~ ~ ~ ~ ~ / H Ii.-...~.-:~ ... ... ...'... *~ -.QiC.-~-:;';~i.-,:4i. ':0;' .:..:. ,:;;,',;.;, - .:.;, -.,,:,'-,;..:~-,:o;: .:.: ':.;: .:':;' ':.;~ ~;.;. - ,;.: / ............ ...........,.,........... T h < C 4'rll / ,~ c; lit.,.,{../ ~ n v / AUt.'lit: ProthnnotAT)' ~ ~ * ;t! '.' ~ ... !!! ~ \.~ ~ .~ $ * :~ ~ '.' ~ '.. ~ '" ~ f.. ~ '.' ~ .' .' ~ 'ill" '. ~. ~ ~ ~ ~.. ~ .'~ ~ ~. .'~ ~ ~ ~ * ~ ~ ~: .I, ~ * ~. :~ ... "'.' i , f. \~ I. ~ '!i. .~:. AGREEMENT i'- AGREEMENT made this...:?6 day of/.'(,'r , 1999, by and between Christopher A. Knoble ("Husband"), of 441 State Street, Enola, Cumberland County, Pennsylvania and Virginia A. Knoble ("Wife") of ': 130 College Hill Road, Enola, Cumberland County, Pennsylvania. 'I 'i 'I " " " !i Ii WITNESSETH: , WHEREAS, the parties hereto are Husband and Wife, having been i married on August 30, 1985. There are two children born of this marriage, said children being: Angela Knable, age 13 and Christopher Knoble, Jr., age 13. The parties have no other issue, living or deceased, and have no adopted children. WHEREAS, diverse unhappy differences, disputes and difficulties have arisen between the parties and as a result they have lived separate and apart since on or about August 30, 1998. A proceeding for the divorce of the parties has been filed by the Husband in the Court of Common Pleas of Cumberland County on December 16, 1998, No. 1998-07090. It is the intention of Wife and Husband to live separate and apart for the rest of their natural lives, and the parties hereto are desirous of settling 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 pendente lite, alimony and/or maintenance of Wife by Husband and of Husband by Wife; and Possible claims by one against the other and against their respective estates. NOW THEREFORE, in consideration of the above recitals and the mutual promises, covenants and undertakings hereinafter set forth I I I I I I I I i i and for other good and valuable consideration, receipt. and sufficiency of which is hereby acknowledged by each of the parti.es hereto, Wife and Husband, each intending to be legally bound ! hereby, covenant and agree as follows: 1. AGREEMENT NOT A BAR TO DIVORCE PROCEEDINGS This Agreement shall not be considered to affect or bar the right of Wife or Husband to a limited or absolute divorce on lawful grounds if such grounds now exist or shall hereafter exist or to such defense as may be available to either party. This Agreement is not intended to condone and shall not be deemed to be a condonation on the part of either party hereto of any act or acts on the part of the other party which have occasioned the disputes or unhappy differences which have occurred prior to or which may occur subsequent to the date hereof. Husband filed a mutual consent, no-fault divorce pursuant to the terms of section 3301(c) of the Divorce Code of the commonwealth of Pennsylvania, and this Agreement is contingent upon the Husband and Wife proceeding with said divorce, and Wife filing her Affidavit of Consent and Waiver of Notice of Intention to Request Entry of a Divorce Decree thereto upon the expiration I, of the waiting period. said Affidavit and Waiver shall be promptly transmitted to counsel for Husband who will immediately file a praecipe to Transmit Record and Vital statistics form to precipitate the prompt entry of a decree of divorce. Wife has filed a no-fault divorce in Cameron county. This agreement is contingent upon Wife withdrawing that action. 2. EFFECT OF DIVORCE DECREE The parties agree that unless otherwise specifically provided herein, this Agreement shall continue in full force and effect -2- after such time as a final decree in divorce may be entered with I: respect to the parties. 3. INCORPORATION OF AGREEMENT IN DIVORCE DECREE The purposes of this Agreement are to effect a complete and final settlement, with reference to each party of: a. All of the respective property and property rights of the parties, and b. The obligation of each party for the support of each other, and the parties agree that the terms of this Agreement shall be incorporated but not merged into any final divorce decree which may be entered with respect to them. 4. AGREEMENT NOT TO BE MERGED This Agreement shall be incorporated into the final decree of divorce of the parties hereto for purposes of enforcement only, but otherwise shall not be merged into said decree. The parties shall have the right to enforce this Agreement under the Divorce Code of 1980, as amended, and in addition, shall retain any '! remedies in law or in equity under this Agreement as an independent contract. Such remedies in law or equity are specifically not waived or released. 5. DATE OF EXECUTION The "date of execution" or "execution date" of this Agreement shall be defined as the date upon which it i.s executed by the parties if they have each executed the Agreement on the same date. Otherwise, the "date of execution" or "execution date" of this Agreement shall be defined as the date of executi.on by the party last executing this Agreement. -3- 6. DISTRIBUTION DATE The transfer of property, funds and/or documents provided for herein shall only take place on the "distribution date" which shall be defined as the date of execution of this Agreement unless otherwise specified herein. However, the support payments, if any, provided for in this Agreement shall take effect as set forth in this JI.greement. 7. FINANCIAL DISCLOSURE The parties confirm that they have exchanged information about the marital property, its value on date of separation, and source of acquisition. 8. ADVICE OF COUNSEL The provisions of the Agreement and their legal effect have been fully explained to the parties by their respective counsel, Charles E. petrie, Esquire, attorney for Wife, and stephen G. Held, Esquire, attorney for Husband. The parties acknowledge that ! they have received independent legal advice from counsel of their ii I' selection and that they fully understand the facts and have been fully informed as to their legal rights and obligations and they acknowledge and accept their legal rights and obligations and they acknowledge and accept that this Agreement is, in the circumstances, fair and equitable and that it is being entered into freely and voluntarily, after having received such advice and with such knowledge, and the parties acknowledge that execution of this Agreement is not the result of any duress or undue influence and that it is not the result of any collusion or improper or illegal agreement or agreements. In addition, each party hereto acknowledges that he or she has been fully advised by his or her respective attorney of the impact of the Pennsylvania Divorce Code of 1980, 23 P.S. section -4- I' I I I I i 101 et. seq., whereby the Court has the right and duty to determine all marital rights of the parties including divorce, alimony, alimony pendente lite, equitable distribution of all marital property or property owned or possessed individually by the other, counsel fees and costs of litigation and, fully knowing the same and being fully advised of his or her rights thereunder, each party still desires to execute this Agreement, acknowledging that the terms and conditions set forth herein are fair, just and ~quitable to each of the parties, and waives his or her respective right to have the Court of Common Pleas of Cumberland County, or , any other Court of competent jurisdiction, make any determination or order affecting the respective parties' rights to a divorce, alimony, alimony pendente lite, equitable distribution of all marital property, counsel fees and costs of litigation, or any other rights arising from the parties' marriage. 9. REAL ESTATE Wife agrees to relinquish all her right, title and interest in and to the property situate at 441 state street, Enola, Cumberland County, pennsyl vania. Parties represent and acknowledge this constitutes fair and just equitable distribution upon Husband and wife. upon execution of this agreement and IHfe complying with all conditions set forth in this agreement, Husband shall refinance the existing mortgage on the property and Wife shall sign a deed transferring the jointly held property to Husband solely. 10. PERSONAL PROPERTY Husband and Wife do hereby acknowledge that they have previously divided their tangible personal property including, but without limitation, jewelry, clothes, furniture, furnishings, rugs, carpets, household equipment and appliances, pictures, books, works of art and other personal property and hereafter Wife -5- agrees that all of property in the possession of Husband shall be the sole and separate property of Husband, and Husband agrees that all of the property in the possession of Wife shall be the sole and separate property of Wife. The parties do hereby specifically waive, release, renounce and forever abandon whatever claims, if any, he or she may have with respect to the above items which shall become the sole and separate property of each other. Each waives any claim they may have to the pension, retirement and/or profit sharing plan or other retirement benefits of the other. " " .' i 11. il I , Ii I the " i! MOTOR VEHICLES With respect 'to the motor vehicles owned by one or both of parties, they agree as follows: a. The 1992 Chevy Cavalier shall become the sole and exclusive property of Husband, subject to its liens and encumbrances. b. The 1986 Dodge Aries shall become the sole and exclusive property of Wife, subject to i.ts liens and encumbrances. The titles to the said motor vehicles shall be executed by the parties, if appropriate for effecting transfer as herein provided, on the date of execution of this Agreement and said executed titles shall be delivered to the proper parties on the distribution date. 12. ASSUMPTION OF ENCUMBRANCES Unless otherwise provided herein, each party hereby assumes the debts, encumbrances, taxes and liens on all the property each will hold subsequent to the date of this Agreement, and each party agrees to indemnify and hold harmless the other party and his or -(,- 1\ , I I her property from any claim or liability that the other party will I, suffer or may be required to pay because of such debts, \ encumbrances or liens including reasonable attorney's fees and 1 I costs. Each party in possession of property to be awarded to the il other warrants that all dues, fees, assessments, mortgages, taxes, I insurance payments and the like attendant to such property are current, or if not current, notice of any arrear ages or deficiency has been given to the receiving party prior to the execution of I this Agreement. 13. LIABILITY NOT LISTED Each party represents and warrants to the other that he or she has not incurred any debt, obligation, or other liability, other than those described in this Agreement, for which the party is or may be liable. A liability not disclosed in this Agreement will be the sole responsibility of the party who has incurred or ,i may hereafter incur it, and each party agrees to pay it as the II same shall become due, and to indemnify and hold the other party II and his or her property harmless from any and all such debts, II' obligations and liabilities, including reasonable attorney's fees II and costs. :i II 14. INDEMNIFICATION OF WIFE II If any claim, action or proceeding is hereafter initiated Ii seeking to hold Wife liable for the debts or obligations assumed !i by Husband under this Agreement, Husband will, at his sole Ii expense, defend vlife against any such claim, action or proceeding, 'I Ii whether or not well-founded, and indemnify her and her property , \1 against any damages or loss resulting therefrom, including, but :i i' not limited to, costs of court and attorney's fees incurred by , Wife in connection therewith. -7- 15. INDEMNIFICATION OF HUSBAND If any claim, action or proceeding is hereafter initiated I seeking to hold Husband liable for the debts or obligations III' assumed by Wife under this Agreement, Wife wi.ll, at her sole expense, defend Husband against any such claim, action or II proceeding, whether or not well-founded, and indemnify him and his I' property against any damages or loss resulting therefrom, ,I including, but not limited to, costs of court and attorney's fees incurred by Husband in connection therewith. , I i 16. , , I' I' II 'I Iii ,i II ,[ I' , WAIVER OF ALIMONY The parties acknowledge that inflation may increase or decrease their respective incomes, that either may be employed or unemployed at various times in the future, that their respective assets may substantially increase or decrease in value, and that notwithstanding these or other economic circumstances, the parties acknowledge that they each have sufficient property and resources to provide for her or his reasonable needs and that each is able to support himself or herself without contribution from the other. Therefore, the parties hereby expressly waive, discharge and release any and all rights and claims which they may have now or hereafter have, by reason of the parties' marriage, to alimony, alimony pendente lite, support or maintenance and they acknowledge that this Agreement constitutes a final determination for all time of either party's obligation to contribute to the support and maintenance of the other. It shall be, from the execution date of this Agreement, the sole responsibility of each of the respective parties to sustain himself or herself without seeking any additional support from the other party. 17. TAX RETURNS AND AUDITS Husband and Wife represent that all federal, state and local tax returns required to be filed by Husband and Wife have been -8- " II \1 1\ II " II II II " :' filed, and all federal, state and local taxes required to be paid " ii' with respect to the periods covered by such returns are paid. I, f" . 'i Husband and Wlfe further represent there are no tax de lClencles \, I! proposed or assessed against Husband and/or wife for such periods, '\ and neither Husband nor Wife executed any waiver of the statute of [, ii Limitations on the assessment or collection of any tax for such ,[ i \ periods. " \1 i118. [I I, !i 1\ '" II " , \ I I , , TAXES FOR YEAR OF DIVORCE Husband agrees to be liable and obligated and shall timely pay and hold wife and her property harmless from any liability of Husband for federal income tax (including penalties and interest) as shown on his separate united states individual income tax return for the tax year 1999. wife agrees to be liable and obligated and shall timely pay and hold Husband and his property harmless from any liability of , . ! Wlfe for federal income tax (including penalties and interest) as shown on her separate united states individual income tax return for the tax year 1999. :1 In the event the Internal Revenue Service determines an , allocation between the parties for federal income taxes for the calendar year 1999, differently from that computed above in this . paragraph 18., then Husband and Wife agree they will allocate liability for their federal income taxes for 1999, between themselves pursuant to the computation under this paragraph. Any difference shall be accounted for between Husband and Wife, and paid for by one to the other, so as to conform to the tax liability allocati.on herein with any ultimate tax liability determined by the Internal Revenue Service -9- 19. PRESERVATION OF RECORDS Each party will keep and preserve for a period of four (4) years from the date of divorce all financial records relating to the marital estate, and each party will give the other party immediate access to these records in the event of tax audits. 20. AFTER-ACQUIRED PERSONAL PROPERTY Each of the parties shall hereafter own and enjoy, independently of any claim or right of the other, all items of personal property, tangible or intangible, hereafter acquired by him or her, with full power in him or her to dispose of the same as fully and effectively, in all respects and for all purposes, as though he or she were unmarried. 21. LEGAL FEES Each party will be responsible for their respective counsel fees and costs involved in securing a gO-day no-fault divorce to be instituted by Husband as Plaintiff. In the event, for whatever reason, either party fails or refuses to execute an affidavit evidencing their consent to the divorce, pursuant to ~3301(c) of the Divorce Code, 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 any breach of this Agreement by the proceeding party, there shall be no defense to such action asserted. 22. SPOUSAL SUPPORT, ALIMONY PENDENTE LITE, ALIMONY Husband and wife agree and hereby do release and renounce any claim they may have against the other party for spousal support, alimony pendente lite, alimony and maintenance. -10- 23. HEALTH INSURANCE - CHILDREN Wife shall provide Blue Cross, Blue Shield, Major Medical or equivalent health insurance coverage for the benefit of the children as long as the premium does not exceed $200.00 per month. If the monthly premium for the children's health insurance coverage exceeds $200.00 per month, the parties will divide the excess cost equally. Wife also agrees pay one-half (1/2) of any non-covered or extraordinary medical and/or dental expenses for the children, provided that, except in an emergency situation, the decision to incur extraordinary, or non-covered medical and/or dental expenses shall be a joint one between parties and wife agrees not to withhold her consent for any such expenses which would be reasonably necessary. 24. DEPENDENCY EXEMPTIONS FOR INCOME TAX Husband shall be entitled to claim all dependency exemptions for the children for Federal, state and Local Income Tax purposes and Wife will refrain from taking such exemptions on her income tax returns. wife shall execute and deliver to Husband any and all forms or documents necessary for him to claim the children as his dependant under Federal,state or Local Law. It is agreed by the parties that Husband shall claim the minor children of the parties as his dependents for federal income tax purposes, pursuant to section 152(e) of the Internal Revenue Code of 1954. 25. WARRANTY AS TO EXISTING OBLIGATION Each party represents that he or she has not heretofore incurred or contracted any debt or liability or obligation for which the estate of the other party may be responsible or liable except as may be provided in this Agreement. Each party agrees to indemnify or hold the other party harmless from and against any and all such debts, liabilities or obligations of every kind which may have heretofore been incurred by them inclUding those for -u.- necessities except for the obligations arising out of this Agreement. 26. WARRANTY AS TO FUTURE OBLIGATIONS Except as set forth in this Agreement, Husband and Wife each represents and warrants to the other that he or she has not in the past or will not at any time in the future incur or contract any debt, charge or liability for which the other's legal representatives, property or estate may be responsible. Each hereby agrees to indemnify, save and hold the other and his or her property harmless from any liability, loss, cost or expense whatsoever incurred in the event of breach hereof. 27. PROPERTY RELEASE It is the intention of Husband and Wife to give to each other by the execution of this 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 of this Agreement. All property hereunder is transferred subject to all existing encumbrances and liens thereon. The transferee of such property agrees to indemnify and save harmless the other party from any claim or liability that such other party may suffer or may be required to pay on account of such encumbrances or liens. Such party will, at his or her sole expense, defend the other against any such claim, whether or not well founded, and he or she will indemnify and hold harmless the other party in respect to all damages resulting therefrom. The insurance on the property being transferred hereunder is assigned to the party receiving such property, and the premiums on such insurance shall be paid by the party to whom the insurance is assigned. By this Agreement the -12- parties have intended to effect an equitable distribution of their assets. The parties have determined that the division of said property conforms to the criteria set forth in ~3501 ~t. sea. of the Pennsylvania Divorce Code taking into consideration 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 party; the opportunity of each party for future acquisitions of capital assets and income; the sources of income of both parties, including but not limited to medical, retirement, insurance or other benefits; the contributions or dissipation of each party in the acquisition, preservation, depreciation or appreciation of the marital property, including the contribution of each spouse as 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 property is to become effective. The division of existing marital property is not intended by the parties to consti tute in any way a sa le or exchange of assets, and t.he division is being effected without the introduction of outside funds or other property not constituting a part of the matrimonial estate. The division of property under this Agreement shall be in full satisfaction of all marital rights of the parties. 28. MUTUAL RELEASES Husband and IHfe each do hereby mutually remise, release, quitclaim and forever discharge the other and the estate of such other, for all time to come, and for all purposes whatsoever, of and from any and all right.s, title and interest or claims in or against the property (including income and gain from property hereafter accruing) of the other or against the estate of such -13- other, of whatever nature and wheresoever situate, which he or she now has or at any time hereafter may have against such other, the estate of such other or any part thereof, whether arising out of any former acts, contracts, engagements or liabili.ties of such other or by law of dower or curtesy, or claims in the nature of dower or curtesy or widow's or widower's rights, family exemption or similar allowance, or under the intestate laws, or the right to take against the spouse's willi or the right to treat a lifetime conveyance by the other as testamentary, or all other rights of a surviving spouse to participate in a deceased spouse's estate, whether arising under the laws of Pennsylvania, any other state, Commonwealth or terri.tory of the united states, or any other country, or any rights which either party may have or at any time hereafter have for past, present or future support or maintenance, alimony, alimony pendente lite, counsel fees, equitable distribution, costs or expenses, whether arising as a result of the marital relation or otherwise, 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 of this Agreement. 29. PERSONAL RIGHTS Wife and Husband may and shall at all times hereafter live separate and apart. Each shall be free from any control, restraint, interference or authority, whether direct or indirect, by the other in all respects as fully as if he or she were 'i unmarried. Each may also reside at such place or places as he or she may select. Each may, for his or her separate use or benefit, conduct, carryon and engage in any business, occupation, . profession or employment which to him or her may seem advisable. wife and Husband shall not molest, harass, 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 or in any manner -14- whatsoever with him or her. Each party hereto releases the other from all claims, liabilities, debts, obligations, actions and causes of action of every kind that have been or will be incurred relating to or arising from the marriage between the parties, except that neither party is relieved or discharged from any obligation under this Agreement. Neither party will interfere with the use, ownership, enjoyment or disposition of any property now owned by or hereafter acquired by the other. 30. GENERAL PROVISIONS This Agreement shall be effective from and after the time of its execution, however, the transfer of the property provided for herein shall only take place upon the entry of a final decree in divorce. The support provisions of this Agreement shall take effect immediately upon execution. 31. WAIVER OR MODIFICATION TO BE IN WRITING No modification, recision, amendment or waiver of any of the terms hereof shall be valid unless in writing and signed by both parties and no waiver of any breach hereof or default hereunder shall be deemed a waiver of any subsequent default of the same or similar nilture. lmy oral representations or modifications concerning this instrument shall be of no force or effect excepting a subsequent modification in writing, signed by the party to be charged. 32. MUTUAL COOPERATION Each party shall on demand execute and deliver to the other party any deeds, bills of sale, assignments, consents to change of beneficiaries of insurance policies, tax returns, and other documents, and sha 11 do or cause to be done every other act or thing that may be necessary or desirable to effectuate the provisions and purposes of this Agreement. If either party -15- II , I II I, II 1\ unreasonably fails on demand to comply with these provisions, that I\i party shall pay to the other party all attorney's fees, costs, and i other expenses reasonably incurred as a result of such failure. 1\ I, 1,\ 33. II II I I , \ 34. II I, p II !I \1 35. INTEGRATION ,! This Agreement Ii II parti~s ,and supersedes ii negot~at~ons between them. II those expressly set forth herein. II II ,,36. ENTIRE AGREEMENT i\ !i ii \1 LAW OF PENNSYLVANIA APPLICABLE This Agreement and all acts contemplated by construed and enforced in accordance with the commonwealth of Pennsylvania. it shall be laws of the AGREEMENT BINDING ON HEIRS This Agreement shall be binding and shall inure to the benefit of the parties hereto and their respective heirs, executors, administrators, legal representatives, assigns and successors in any interest of the parties. constitutes the entire understanding of the any and all prior agreements and There are no representations other than Each party acknowledges that he or she this Agreement, including all schedules and \i il which it refers; that he or she has discussed its provisions with ! an attorney of his or her own choice, or has waived the ,opportunity to do so, and has executed it voluntarily and in reliance upon his or her own attorney; and that this instrument expresses the entire agreement between the parties concerning the subjects it purports to cover. has carefully read other documents to -16- 37. INCORPORATION OF SCHEDULES All Schedules and other instruments referred to in this Agreement are incorporated into this Agreement as completely as if they were copied verbatim in the body of it. 38. OTHER DOCUMENTATION Wife and Husband covenant and agree that they will forthwi.th i (and within thirty (30) days after demand therefore) execute any I and all written instruments, assignments, releases, satisfactions, Ii deeds, notes or such other writings as may be necessary or II desirable for the proper effectuation of this Agreement. i ! i 39. NO WAIVER OF DEFAULT This Agreement shall remain in full force and effect unless and until termi nated under and pursuant to the terms of this Agreement. The failure of either party to insist upon strict performance of any of the provisions of this Agreement shall in no way affect the right of such party hereafter to enforce the same, nor shall the waiver of any breach of any provision hereof be construed as a waiver of any subsequent default of the same or similar nature, nor shall it be constructed as a waiver of strict performance of any obligations herein. 40. SEVERABILITY The parties agree that each separate obligation contained in this Agreement shall be deemed to be a separate and independent covenant and agreement. If any term, condition, clause or provision of this Agreement shall be determined or declared to be void, unenforceable or invalid in law or otherwise, then only that I 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. Likewise, the failure of any party to meet her or his obligations under anyone -17- CHRISTOPHER A. KNOBLE, SR., Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND CotmTY PENNSYLVANIA vs. VIRGINIA A. KNOBLE, Defendant CIVIL ACTION ell NO. 9P' 7()(r() '10(' '- ';r2-I''l IN DIVORCE ORDER OF COURT AND NOW, \ .:\ i, ',', \ '17,. , upon consideration of the attached complaint, it is hereby directed that the parti.es and their respective counsel appear before H\( \v:\t" \ [ h \'j'" C'"q, , the conciliator, at ''I. .., '., il:~-" ';,'\" ("'1""\'\\'\\'" ,:'/\ day of :'P"""I"I,,?, , 19'1'1 at --,:,)\ "Y') r', ,m., for a Pre-Hearing Custody Conference. At such conferenc~, an effort will be made to resolve the issues in dispute; or if this cannot be accomplished, to define and narrow the issues to be heard by the court, and to enter into a temporary order. All children age five or older may also be present at the conference. Fai lure to appear at the conference may provide grounds for entry of a temporary or permanent order. FOR THE COURT, By :[\:\[1,; I~.' :':,;. h~1\C\'''(::~'' Custody Conciliator U ;~~) The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilities Act of 1990. For I information about accessible facilities and reasonable I accommodations available to disabled individuals having business before the court, please contact our off i ce. All arrangements must by made at least 72 hours prior to any hearing or business before the court. You must attend scheduled conference or hearing. YOU SHOULD TAKE THIS PAPER TO YOUI< LAI1YER 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 ImERE YOU CAN GET LEG1,L HELP. , ;: CUMBERLAND COUNTY BAR ASSOCIATION 2 LI llEHl'Y A VENUE CARLISLE PA 1'7013 717 -:~ 4 <) - 3 1 Cd) II CHRISTOPHER A. KNOBLE, SR., Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA vs. VIRGINIA A. KNOBLE, Defendant CIVIL ACTION NO. IN DIVORCE Ii NOT ICE T 0 D E FEN D You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take prompt action, You are warned that if you fail to do so, the case may proceed without you and a decree of divorce or annulment may be entered against you by the court. A judgment may also be entered against you for any other claim or relief requested in these papers by the Plaintiff. You may lose money or property or other rights important to you, including custody or visitation of your children. When the ground for the divorce irretrievable breakdown of the marriage, you counseling. A list of marriage counselors Office of the Prothonotary at: Office of the Prothonotary Cumberland County Court House 1 Courthouse Square Car) i;;Je, PA 17013-3387 is indignities or may request marriage is available in the 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 11AY LOSE THE RIGHT '1'0 CLAIM ANY OF THH1. YOU SHOULD TAKE THIS PAFER '1'0 YOUR LAI..YER 1\'1' ONCE. IF YOU DO NOT HAVE A LAI..YER OR CAIJNOT AFFORD ONE, GO TO OR TELEPHONE THE , OFFICE SET FORTH BELOI.. TO FIlJD OllT \..HERE YOU CAN GET LEGi\L HELP. CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE PA 17013 'l] <1-;!/1 ~)- J 1 ()f) " 8. The Plaintiff has been advised of counseling and of the right to request that parties to participate in counseling. the availability the Court require of the COUNT I Request for a Fault Divorce Under 3301(a) (6) of the Divorce Code JI I 9. The prior paragraphs of this complaint are incorporated herein by reference thereto. 10. Defendant has offered such indignities to the Plaintiff, who is the innocent and injured spouse, as to render Plaintiff's condition intolerable and life burdensome. 11. This action is not collusive. 12. Plaintiff has been advised of the availability of counseling and that Plaintiff and Defendant have the right to request the I Court to require the parties to participate in such counseling. I I WHEREFORE, PIa intiff respectfu 11 y requests that the Court I enter a Decree of Divorce, pursuant to 3301(a) (6) of the Divorce ,i Code. I ! COUNT II Request for Divorce Due to Irretrievable Breakdown Under 3301(c) of the Divorce Code 13. The pr ior paragraphs of th i" Compl a i nt are incorporated , herein by reference thereto. 14. The marriage of the parties is irretrievably broken. 1:'. After ninety (<)0) days have elapsed from the date of the filing of this Complaint, Plaintifl intends to file an affidavit COUN'!' IV \ II Request for Confirmation of custody Under 3104 Divorce code 21. The prior paragraphs of this complaint are incorporated herein by reference thereto. 11\ 22. Plaintiff is Christopher A. Knoble, Sr., residing state street, Enola, cumberland County, Pennsylvania. I at 441 23. Defendant is virginia A. Knoble, residing at 130 College Hill Road, Enola, cumberland County, Pennsylvania. 24. plaintiff seeks custody of the following children: Name Present Residence Age Angela Knoble Christopher A. Knoble, Jr. 441 State Street Enola, PA 12 11 I \25. I II II I \ The children were not born out of wedlock. 26. The children are presently in state street, the custody of plaintiff who Enola, Cumberland county, resides at 44.i Pennsylvania. During the past five years, the children have following persons at the following addresses: res ided wi \:11 27. the Person Address Date 4011 state street 8/30/98 to Enola, PA Present 441 state Street spring of Enola, PA 1997 to 8/30/98 4.11 state street 1993 to Enol", PA spring of 1997 Christopher A. Knoble, Sr. I , Chrlstopher A. Knoble, Sr. 1 Virginia A. Knoble christopher A. Knoble, Sr. Virginia A. Knoble Tammy Hefenf i nger ,':' '.. >-... ,~,'.'., '. ':. "~.. r-;. '. ''rk' ....' ,. """, '; "'.....J "..c.,. .,., U I' ~...;. ;;:',t(, .'..... ."..~" '\J<~, " ,0- ..~' '~..'t'" %,~, <:J r/..., 'j',. "'1':: \ .,.' ..' " " '''., '., ',:" , :.,' ..,' ., ..,' .,'>::.., . ',', ,.' ,':'.:;' ~i~;.i':;:,;}:,,;':", '(HJ~""'"'''''' .._~" ~;~~Ic:'>~~'~:i;:C:",\ ' "h'~, ,:,:."" ,,~,: f;~~'i:! ;~~tl~~~;\+r"" <~ .~' -fl> '" I'~ , ~ -tff ,H I}'~, ! :ii:i'~ :">.;g;, ' , l"~.'! 1" (.\ l t-4 I' ~1i~j / 1/,. ' ~". 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At such conferenc1, an effort will be made to resolve the issues in dispute; or if this cannot be accomplished, to define and narrow the issues to be heard by the court, and to enter into a temporary order. All children age five or older may also be present at the conference. Failure to appear at the conference may provide grounds for entry of a temporary or permanent order. FOI< THE COURT, - By: ~~ 7'1.r~'?'J,;J vY </.3? _ g, custody conciliatof (72J Y/:'c.~ The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilities Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the court, please contact our office. All arrangements must by made at least 72 hours prior to any hearing or business before the court. You must attend scheduled conference or hearing. YOU SHOULD TAXE Till S l'APEI< TO YOlll~ LA\,YER AT ONCE. I F YOU DO NOT HAVE A LAWYER 01< Cl.lJlJOT AFF01W OIJE, GO TO OR TELEPHONE THE OFFICE J SET FORTH BELOI, TO FIND OllT ImEI<E YOll CAN GET LEGAL IIELP. ClIMBEI<LAIJD COlllJTY BAI< ASSOCINl'lON ;, LIBEHT'; I,VEIJUE Cl\I~Ll ::1.1: 1'1\ 17013 -; ] '}-:J..; ~J - j 1 (J (J ...~ .', . , . ", ' ~ ~,' I ;"": "': .....'-. ~ l.~ ... ....... , )..',:1'1 , " I: c7( " " .. I -), '~I':,1. (:;~/ / t.; / . (.JL, ,- 0- , l'} . ". ,K- - _~~,,!t- f,):;J.-" ,I ! i. .! ":' ,: I ~-J i )'