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HomeMy WebLinkAbout00-05936 ,~ , ",. .. . . . . . ;f. :f.:f.;tl :f.;tl:f.:f. . :t:0li Oli :t-: . . . IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY . . . PENNA. . . . . STATE OF . . . . . . . . . TERRY AIAN FREED NO~-5936 CIVIL TERM VERSUS . . . KIM ANN FREED . . . . . . . . . DECREE IN DIVORCE at tf',(~ f,t1. . , PLAINTIFF, . . 2001 AND NOW , IT IS ORDERED AND . . . DECREED THAT . . . . KIM ANN FREED , DEFENDANT, AND . ARE DIVORCED FROM THE BONDS OF MATRIMONY. . . . . . . . . . . ,HE 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; AND IT IS FURl'HER ORDERED, that the tenus, conditions and covenants set forth in the written Property Settlerrent Aqreerrent made and entered into by the parties on February 12, 2001, are incorporated into this Decree by reference thereto, but not merged into this Decree. . . . . ,.,Oli,.,Oli,., ,., ,., ,., . PROTHONOTARY . t J. . . . . . ,.,,., ,.,,.,,., . . . ~~ . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .' ~ w , ' e..- ~, "'0"'" , .. .~' .'." ",.,', '."...~" .., . ..~..' . ..' .. .~, '., .. , d)lo/OI dd~~~4~ J/f6/~1 ~ ~~4~ I '4~" "" . - < ,~,_:O--' ~,'''e-~'-,''''~ ^-"","~P ,,",,,!I'JIiI!@o~, ,~ ,~, - ~~f""~'1 ,~~JL,~__,^,(, , ,< ~"i- . PROPERTY SETTLEMENT AGREEMENT THIS AGREEMENT, Made this _\ ;f--I'n day of k byu..af1 , 2001, by and between TERRY ALAN FREED, hereinafter referred to as "H sband" , and KIM ANN FREED, hereinafter referred to as "Wife". WITNESSETH: WHEREAS, Husband and Wife were lawfully married on June 3, 1989; and WHEREAS, two children were born of this marriage, namely, Matthew Freed born April 5, 1990 and Sara Freed born September 13, 1992; and WHEREAS, certain differences have arisen between the parties as a result of which they have separated and now live separate and apart from one another, and are desirous, therefore, of entering into an Agreement which will provide for support, distribute their marital property, and will provide for their mutual responsibilities and rights growing out of the marriage relationship; and . WHEREAS, the parties hereto, fully understand and agree that Husband is repres!lntedby Sandra L. Meilton, Esquire and that Wife. has the right to have the advice of inQependent counsel prior to the signing of this Agreement, and that by signing this Agreement, Wife recognizes that she fully understands the legal impact of this Agreement and waives her right to have the. Agreement reviewed by an independent attorney of. her choosing and further intends to be legally bound. by the terms of this Agreement. NOW THEREFORE, in consideration of the above recitals and the following coven<tnts and promises mutually made .andmutually to be kept,. the. parties . heretofore, intending to be legally bound and to legally bind their heirs, sLiccessors and assigns thereby, covenant, promise and agree as follows: 1. SEPARATION: It shall be lawful for each party at all times hereafter to live separate and apart frorn the other at such place or pla.ces as he or she may frorn time to time choose or deern fit. " "~-- .' "..L.~'~ ~~~ 2. INTERFERENCE: Each party shall be free from interference, authority and contact by the other, as fully as if he or she were single and unmarried, except as may be necessary to carry out the provisions of this Agreement. Neither party shall molest the other nor attempt to endeavor to molest the other, nor compel the other to cohabit with the other, nor in any way harass or malign the other, nor in any way interfere with the peaceful existence, separate and apart from the other in all respects as if he or she were single and unmarried. 3. WIFE'S DEBTS: Wife represents and warrants to Husband that since their separation on November 11, 1 999 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 Husband harmless from any and all claims or demands made against him by reason of debts or obligations incurred by her. 4. HUSBAND'S DEBTS: . Husband represents. and warrants.. to Wife that since their . separation on November '11, 1999 he has not, and in the .future he will not, contract or incur any debt or liability for which Wife or h.er estate might be responsible and shall indemnify and save Wife harmless. from any and all claims or demands made against her by reason of debts or obligations incurred by him. 5. OUTSTANDING MARITAL DEBTS: . . . Husband and Wife acknowledge and agree that they have no outstanding debts and obligations of the Husband and Wife incurred prior to the signing ofthis Agreement, except as follows: A. Charter One Mortgage Date of separation balance $167; 189. B. PSECU loan for 1997 Subaru Date of separation balance $6,160 C. PSECU loan for 1999 Dodge Date of separation balance $23,319 - 2 - ~J _~: Husband agrees to pay the outstanding mortgage with Charter One Mortgage and the loan with PSECU on the 1999 Dodge. Husband further agrees to indemnify and save harmless Wife from any and all claims and demands made against her by reason of such debts or obligations. Wife agrees to pay the outstanding loan with PSECU on the 1997 Subaru and further agrees to indemnify and save harmless Husband from any and all claims and demands made against him by reason of such debts or obligation. 6. MUTUAL RELEASE: Subject to the provisions of this Agreement, each party waives. his or her right to alimony and any further distribution of property inasmuch as the parties hereto agree that this Agreement provides for an equitable distribution of their marital property in accordance with the Divorce Code of 1980. Subject to the provisions of this Agreement, each party has released and discharged, and by this Agreement does for himself or herself, and his or her heirs, legal representatives, executors, administrators and assigns, release and discharge the other of and from all causes of action, claims, rights or demands whatsoever arising out of their marriage, except any or all cause or causes of action for divorce and except in any or all causes . of action for breach of any provisions of this Agreement. Each party also waives his . or her right to request marital counseling pursuant to 23Pa.C.S.A.. Section 3302. 7. EQUITABLE DISTRIBUTION OF MARITAL PROPERTY: The parties have attempted to distribute their marital property in a manner which conforms to the criteria set forth in 23. .Pa.C.S.A. Section 350.1 et. sea., and. taking into account the following consid.erations: the length of the marriage; the fact that it is the firsf marriage for both Husband and Wffe, the age, health, station, amount and sources of income, vocational skills, employability, estate, liabilities and needs of ,each of the parties; the pontribution of each party to the education, training or increased earning power of the other 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 contribution or dissipation. of each party in the acquisition, preservation, depreciation or appreciation of the marital property, including the contribution of each spouse as a homemaker; the value of the property set apart to each party;' the standard of living of the parties established during the marriage; and the economic circumstances of each party at the time the division of property is to become effective. - 3 - - , -,,~ - - Ti'lw:,' The division of existing marital property is not intended by the parties to constitute in any way a sale or exchange of assets, and the division is being effected without the introduction of outside funds or other property not constituting marital property. The division of property under this Agreement shall be in full satisfaction of all marital rights of the parties. A. DISTRIBUTION OF PERSONAL PROPERTY: Except as may be otherwise provided herein, the parties hereto mutually agree that they have effected a satisfactory division of the furniture, household furnishings, appliances, and other household personal property between them, and they mutually agree that each party shall from and after the date hereof be the sole and separate owner of all such tangible personal property presently in his or her possession and this Agreement shall have the effect of an assignment or bill of sale from each party to the other for such property as may be in the individual possession of each of the parties hereto. The parties hereto have divided between themselves, to their mutual satisfaction, all items of tangible and intangible marital property. Neither party shall make any claim to any such items of marital property, or of the separate personal property of either party,. which are now in the pdssessio'n andlor under the coiltrol of the other. . Should it become necessary, the parties each agree to sign, upon. request, any titles or documents necessary to give effect to this paragraph. Property .shall be deemed to be in the possession or under the controlof either party. if. in the case of tangible personal property, the item is physically in the possession or control of the party at the time of the signing ofthis Agreement and; in the case of intangible personal property, if any physical or written evidence of ownership, such as passbook, checkbook, policy, or certificatf3 of insurance or other. similar writing is in the possession or control of the' party. Except as may be otherwise provided herein, Husband and Wife shall each be deemed to be in the possession and control of his or her,own individual pension, or other employee benefit pl.ans ,or retirement benefit!>. of . . any nature with the exception of Social Security benefits to which either party may have a vested or contingent right or interest at the time of the signing of this Agreement, and neither will make any claim against the other for any interest in such benefits. From and after the date of the signing of this Agreement, both parties shall have complete freedom of disposition as to' hislher separate property and any property which is in their possession or control pursuant to this Agreement and may mortgage, sell, grant, convey, or otherwise. encumber or dispose of such property, whether real or personal, whether such property was acquired before, during or after marriage, and neither Husband nor Wife need join in, consent to, or - 4 - ~ ~,- m':::;, acknowledge any deed, mortgage, or other instrument of the other pertaining to such disposition of property. B. DISTRIBUTION OF REAL ESTATE: Wife agrees to transfer to Husband immediately upon the signing of this Agreement, all of her interest in and title to their jointly-owned real estate at 1221 Highlander Way, Mechanicsburg, Cumberland County, Pennsylvania, subject to the mortgage given to Charter One Mortgage in the original sum of $169,000 in exchange for which Husband agrees to be solely responsible for the payment of all future mortgage payments, taxes, insurance and utility bills relative to said real estate. Husband covenants and agrees to pay and discharge the existing mortgage obligation on said premises in accordance with its terms, and agrees to indemnify Wife from any loss by reason of his default in the payment thereof and agrees to save Wife harmless from any future liability with regard thereto. Upon signing this Agreement, Wife agrees to execute a Deed, which shall be held by Wife's attorney in escrow until Husband refinances the mortgage. Husband agrees to refinance the Mortgage with Charter One within six (6) months of the date of signing this Agreement to have Wife's name removed from said mortgage. Upon the refinancing, the Deed shall be provided to Husband. 8. PENSION AND RETIREMENT PLAN: Husband shall retain his retirement plan and. pension with Pinnacle Health and his retirement plan with Shared Medical Systems (SMS). Wife agrees to waive all of her right, title and interest to Husband's pension and retirement. plans and to sign any and all documents necessary to enforce this provision. Wife shall retain her retirement plan and pension with her employer, the Commonwealth of Pennsylvania and Husband agrees to waive all of his right, title. and interest. t.o Wife!s retiremllnt plan and pension and to sign any and all documents necessary to enforce this provision. .' . 9. BANK ACCOUNTS: Husband shall retain the balance of $5,000 in his account with PSECU at the date of separation and Wife agrees to waive all of her right, title and interest to Husband's bank account and to sign any and all documents necessary to enforce this provision. Wife shall retain the balance of $5,000 in her account with PSECU at. the date of separation and Husband agrees to waive all of his right,. title - 5" -"'-""",; and interest to Wife's bank account and to sign any and all documents necessary to enforce this provision. ' 10. STOCKS: Husband and Wife acknowledge and agree that the balance in the Ameritrade Account at the date of separation was $14,792.43 and was equally divided between the parties after the payment of capital gains tax. 11. MOTOR VEHICLES: With respect to the motor vehicles owned by one or both of the parties, they agree as follows: (a) the 1997 Subaru Outback shall become the sole and exclusive property of Wife and Wife shall assume sole responsibility for the PSECU loan on said vehicle, which was $6,160 at the date of separation; (b) the 1999 Dodge Caravan shall become the sole and exclusive property of Husband and Husband shall assume sole responsibility for the PSECU loan on said vehicle, which was $23,319 at the date of separation. (c) 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 the said executed title shall be delivered to the proper parties on the distribution date. 12. .L1FE INSURANCE: A. Husband agrees to continue to maintain In full force and effect the present insuranCe policies on,. his ,life issued . by John Hancock in the . . amount of $107,000. Husband's ownership' of said irisurance policies shall be subject to the following conditions: (1) He shall maintain the insurance in full force and effect, paying all premiums due thereon arid shall not borrow against, assign, pledge, or otherwise encumber the insurance, nor surrender it to obtain its cash value, at h~ast and' Lintil his children reach age twenty-three (23) or until Husband remarries, whichever occurs earlier; (2) He shall immediately designate his. children .as beneficiaries of the insurance and saidchildrim shall remain the beneficiaries at,least - 6 - .. .. i ~ ~' -,,' 1'"" and until they reach age twenty-three (23) or until Husband remarries, whichever occurs earlier. Once the children reach age 23 or Husband remarries, he shall have complete freedom to dispose of and control said policies as he sees fit; and (3) Within thirty (30) days after the execution of this Agreement, Husband shall deliver to Wife or her attorney satisfactory proof that the beneficiary designations have been properly endorsed on each insurance policy and that the insurer has received notice of restrictions placed upon Husband's ownership of the insurance by the terms of this Agreement. The Husband shall also request that duplicate premium statements and receipts be mailed by the insurer to Wife. B. Wife agrees to continue to maintain in full force and effect the present insurance policies on her life issued by John Hancock in the amount of $50,000. Wife's ownership of said insurance policies shall be subject to the following conditions: (1) She shall maintain the insurance in full force and effect, paying all premiums due thereon and shall not borrow against, assign, pledge, or otherwise encumber the insurance, nor surrender it to obtain its cash value, at least and until her children reach age twenty-three (23) or until Wife remarries, whichever occurs earlier;. (2) She shall immediately designate her children as beneficiaries of the insurance and said children shall remain the beneficiaries at least and until they reach age twenty-three (23) or until Wife remarries, whichever occurs earlier. Once the children reach age 23 or Wife remarries, she shall have complete freedom to dispose of and control said polides as she sees fit; and (3) . Within thirty (30) days after the execution of this Agreement, Wife shall deliver to Husband or his attorney satisfactory proof that the irrevocable beneficiary designations have been properly endorsed on each insurance, policy and that the insurer has received notice of' restrictions placed upon' Wife' s ownership of the insurance by the terms of this Agreement. The Wife shall also request that duplicate premium statements and receipts be mailed. by the insurer to Husband. 13. CASH PAYMENT: . In exchange for Wife's equal share of equity in the marital residence, Husband agrees to make a lump-sum cash payment to Wife in the amount of $18,175 upon refinancing the mortgage on the residence, less one~half the cost of refinancing. In the event that Husband cannot or does not refinance the mortgage on - 7 - " -' ~ "-"-'..... ~~ the marital residence within six (6) months of the date of signing this Agreement, the lump sum payment shall made to Wife at the end of that six (6) month period. The lump-sum payment is due to Wife upon refinancing or at the expiration of six (6) months from the date of signing this Agreement, whichever occurs earlier. 14. ALIMONY: Both parties acknowledge and agree that the provIsions of this Agreement providing for equitable distribution of marital property are fair, adequate and satisfactory to them and are accepted by them in lieu of and in full and final settlement and satisfaction of any claims or demands that either may now or hereafter have against the other for support, maintenance or alimony. Husband and Wife further, voluntarily and intelligently waive and relinquish any right to seek from the other any payment for support or alimony. 15. ALIMONY PENDENTE LITE, COUNSEL FEES. AND EXPENSES: Husband and Wife acknowledge and agree that the provisions of this Agreement providing for the equitable distribution of marital property of the parties are fair, adequate and satisfactory to them. Both parties agree to accept the provisions set forth in this Agreement in lieu of and in full and final settlement and satisfaction of all claims and demands that either may now or hereafter have against the other for alimony pendente lite, counsel fees or expenses or any other provision for their support and maintenance before, during and after the commencement of any proceedings for divorce or annulment between the parties. 16. INCOME TAX PRIOR RETURNS: The parties have heretofore filed JOint federal and state tax returns. Both parties agree that in the event any deficiency in federal, state or local income tax is proposed, or any assessment of any such tax is made against either of them,' each will indemnify and hold harmless the other from and against any loss or liability for any such tax deficiency or assessment and any interest, penalty and expense incurred in connection therewith. ,Such tax, interest, penalty or expense, shall be paid solely and entirely by the individual who is finally determined to be the cause of the misrepresentations or failures to disclose the nature and extent of his or ' her separate income on the aforesaid joint returns. 17. WAIVERS OF CLAIMS AGAINST ESTATES: Except as' herein otherwise provided, each party may dispose of his or her property in' any way, and" each party hereby waives and relinquishes any - 8-' ~, . "~"'~: and all rights he or she may now have or hereafter acquire, under the present or future laws of any jurisdiction, to share in the property or the estate of the other as a result of the marital relationship, including without limitation, dower, curtesy, statutory allowance, widow's allowance, right to take in intestacy, right to take against the will of the other, and right to act as administrator or executor of the other's estate. Each will, at the request of the other, execute, acknowledge and deliver any and all instruments which may be necessary or advisable to carry into effect this mutual waiver and relinquishment of all such interests, rights and claims. 18. ENTRY AS PART OF DECREE: It is the intention of the parties that the Agreement shall survive any action for divorce which may be instituted or prosecuted by either party and no order, judgment or decree of divorce, temporary, final or permanent, shall affect or modify the financial terms of this Agreement. This Agreement shall be incorporated in but shall not merge into any such judgment or decree of final divorce, but shall be incorporated for the purposes of enforcement only. 19. MUTUAL CONSENT DIVORCE: . The parties agree and acknowledge that their marriage is irretrievably broken, that they do not desire marital counseling, and that .they .both consent to the. entry of a decree in divorce pursuant to 23 Pa.C.S.A.. Section 3301 (c). Accordingly,. both parties agree to forthwith execute such consents, affidavits, or other documents and to direct their respective attorneys to forthwith file , . such consents, affidavits, or. other documents as may be necessary. to promptly proceed to obtain .a' divorce pursuant to said 23 Pa,C;S.A. Section 3301 (c). Upon request" to the extent permitted by law and the applicable Rules of Civil Procedure, . the named defendant in such. divorce action shall execute any waivers of notice or other waivers necessary to expedite such divorce. . . , . . . . .. . .' . . . . . It is the intention of the parties that the Agreement shall survive any action for divorce which may be instituted or prosecuted by either party and no order, judgment or decree of divorce, temporary, final or permanent, shall affect or modify the financial terms of this Agreement. This Agreement shall be incorporated in but shall not merge into any such judgment or decree of final divorce, but shall be. incorporated for the purposes of enforcement only. - 9 - - .~.' " 20. EFFECT OF RECONCILIATION OR COHABITATION: This Agreement shall remain in full force and effect and shall not be abrogated even if the parties effect reconciliation, cohabit as husband and wife or attempt to effect reconciliation. 21. BREACH AND ENFORCEMENT: If either party breaches any provision of this Agreement, the other party shall have the right, at his or her election, to sue for damages for such breach, or seek such other remedies or relief as may be available to him or her, and the party breaching this Agreement shall be responsible for payment of legal fees and costs incurred by the other in enforcing his or her rights under this Agreement. A. It is expressly understood and agreed by and between the parties hereto that this Agreement may be specifically enforced by either Husband or Wife in Equity, and the parties hereto agree that if an action to enforce this Agreement is brought in Equity by either party, the other party will make no objection on the alleged ground of lack of jurisdiction of said Court on the ground that there is an adequate remedy at law. The parties do not intend or purport hereby to. improperly confer jurisdiction on a Court in Equity by this Agreement, but they agree as provided herein for the forum of equity in mutual recqgnition of the present state of the law, <'Ind in recognition of the general jurisdiction of Courts in .Equity over agreements such as this one. B. Notwithstanding anything to the contrary herein,. Husband and Wife may also proceed with an action at. law for redress of his or her rights under 'the terms of this Agreement, and in such event it is specifically understood and agreed that for and in specific consideration of the other provisions and covenants of this Agreement,. each shall waive any right to a jury trial so as to expedite the hearing and disposition of such case and so as to aVoid delay... . . C. Each party further hereby agrees to ,pay and to save and hold harmless the other party from any and all attorney's fees and costs of litigation that either may sustain, or incur or become liable for, in any Way whatsoever, or shall pay upon, or in consequence of any default or breach by the other of any of the terms or provisions of this Agreement by reason of which either party shall be obliged to retain or engage counsel to initiate or maintain or defend proceedings against the other at law or equity or both in any way whatsoever; provided that the party who seeks to recover such attorney's fees, and costs of litigation must first be successful in whole or in part, before there would be any liability for attorney's fees and costs of -1.0.- ,~ - .l~ j" ",," "1"'\ litigation.. It is the specific agreement and intent of the parties that a breaching or wrongdoing party shall bear the burden and obligation of any and all costs and expenses and counsel fees incurred by himself or herself as well as the other party in endeavoring to protect and enforce his or her rights under this Agreement. 22. THIRD PARTY BENEFICIARIES: Husband and Wife agree that It IS not their intention in this Agreement that any other individuals, including their minor children, be third party beneficiaries of this Agreement at this time or at any time in the future. 23. ADDITIONAL INSTRUMENTS: Each of the parties shall from time to time, at the request of the other, execute, acknowledge and deliver to the other party any and all further instruments that may be reasonably required to give full force and effect to the provisions of this Agreement. 24. TAX ADVICE: Both parties hereto hereby acknowledge and agree that they have had the opportunity to retain their own accountants, certified public accountants; tax. advisor, or tax attorney with reference to the tax implications of this Agreement. . Further, neither party has been givell any tax advice whatsoever by their respective attorneys. Further both parties hereby acknowledge that they have been advised, by their respective attorneys" to seek their own independent tax advice by retaining an acoountant, certified public accountant; tax attorney, or tax advisor with reference to the tax implications involved in this Agreement. Further, the parties acknowledge and agree that their signatLlres to this Agreement serve as their acknowledgment that they have read this particular paragraph and have had the opportunity to seek independ~nt tax advice. . . 25. VOLUNTARY EXECUTION: The Wife acknowledges that Sandra L. Meilton, attorney, has acted as legal counsel to Husband in connection with the negotiation and preparation of this Property Settlement Agreement. The Wife acknowledges that, by copy of this Agreement, she has been advised of her right to seek the advice of counsel of her own choice in connection with any matter pertaining to this Agreement or the divorce action filed by Husband. Upon that provision, Husband and Wife acknowledge and represent that the provisions of this are fully understood by both parties and each party a'cknowledges that the Agreement is in all respects fair and equitable, that it is - 11 - -" - ~ iK being entered into voluntarily and knowingly and that it is not the result of any duress or undue influence; Wife further acknowledges that she had the opportunity to seek the advice of legal counsel for the purpose of having the legal effect of the provisions herein fully explained to her, and that if she chose not to seek such legal counsel, such action was taken by her voluntarily of her own free will. 26. ENTIRE AGREEMENT: This Agreement contains the entire understanding of the parties and there are no representations, warranties, covenants or undertakings other than those expressly set forth herein. Husband and Wife 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 taken into consideration by the parties. Both parties hereby accept the provisions of this Agreement with respect to the division of property in lieu of and in full and final settlement and satisfaction of all claims and demands that they may now have or hereafter have against the other for equitable distribution of their property by any court of competent jurisdiction pursuant to 23 Pa.C.S.A. Section 3501 et. sea. or any other laws. Husband and Wife each voluntarily and intelligently waive and relinquish any right to seek a court ordered determination and distribution of marital property, but nothing 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. 27. DISCLOSURE: Husband. and Wife each represent and warrant to the other that . he or she has made a full and complete disclosure to the other of all assets of any nature whatsoever in which such party has an interest, the sources and amount of the incorneof such pi'lrty or every type whatsoever and of all. other facts relating to .' the subject matter of this Agreement. . .28. MODIFICATION AND WAIVER: A modification or waiver of any of the provIsions 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' to insist upon strict perforrnance 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. - 12- - ~~ 29. PRIOR AGREEMENT: It is understood and agreed that any and all property settlement agreements which mayor have been executed prior to the date and time of this Agreement are null and void and of no effect. 30. DESCRIPTIVE HEADINGS: The descriptive headings used herein are for convenience only. They shall have no effect whatsoever in determining the rights or obligations of the parties. 31. INDEPENDENT SEPARATE COVENANTS: 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. 32. APPLICABLE LAW: This Agreement shall be construed under the laws of the Commonwealth of Pennsylvania. 33. VOID CLAUSES: If any term, condition, clause or provision of this Agreement shall be determined or'declared to be void or invalid in law or otherwise, then only that term, condition, clause or provision shall be stricken from this Agreement and in all other respects this Agreement shall be valid and continue in full force,' effect and operation. 34. 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, successors, and assigns. - 13 - . ~~. ~. -- -",,-, '~"; IN WITNESS WHEREOF, the parties hereto have set their Hands and Seals the day and year first above written. ~-- ~ ~ (SEAL) Terry A. F d ~91. Kim A. Freed r,- o/bf~ (SEAl) -14 - ~" - -~.'~ ~ ~-..... . COMMONWEALTH OF PENNSYLVANIA COUNTY OF l\wpht'(I1 SS: On this, the t 'L th day of ~bf\ )(l~ , 2001, before me, a Notary Public, the undersigned officer, personally appeared TERRY A. FREED, known to me (or satisfactorily proven) to be the person whose name is subscribed to the foregoing Property Settlement Agreement and acknowledged that helshe executed the same for the purposes therein contained. IN WITNESS WHEREOF, I hereunto set my hand and official seal. . Notarial Seal Mary '!I. Zerance, Notary Public Harnsburg, Dauphin County My Commission Expires July 2, 2001 Member, PennsylvanJa Association of Notaries ~Yn.~~ . Notary R lic ' - 15 - =J.k .;.; "'"tIDt;;-: .. COMMONWEALTH OF PENNSYLVANIA COUNTY OF (LA WlJur/t<.,td SS: On this, the 7 day of Fdorwuy , 2001, before me, a Notary Public, the undersigned officer, personally appeared KIM A. FREED, known to me (or satisfactorily proven) to be the person whose name is subscribed to the foregoing Property Settlement Agreement and acknowledged that helshe executed the same for the purposes therein contained. IN WITNESS WHEREOF, I hereunto set my hand and official seal. fLj;;~ Notary Public . 1II0'fAFlIALSEAL KEVIN A.PLlTT, lIIotary Public Camp Hill. Bdio; GumberlahdCounty My Commlssjon Expires April 20, 2002 , 16 - ~~ ',^;:, ~,.-;,-~ ~'> ~~~,~~, " "jl!jLi!!i:LiMM~~l!;I,',i,~~~~il<ir_~~'n;"~ .""'''''' ~" ~.^ ~ M'" ~- ,.~." '.. ~, ,.' .~ >, --, <, -~~- '~f~_~ ,',~.., , (,,~ '- .J;.~ "'-._-, S~- '-_J .J-'c..:. Z --; -< C) C' ':'j c) <:J ':'h ,~ "" '1 en) ('0 _D .-.J j'" '~ , () '. " ',) ~~in ::.0 -< r::- (-.J ~'~ ,> J ,t'u, TERRY ALAN FREED, Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : NO.Oi). 5936 CIVIL TERM KIM ANN FREED, Defendant : CIVIL ACTION - LAW : IN DIVORCE PRAECIPE TO TRANSMIT RECORD To the Prothonotary: Transmit the record, together with the following information, to the court for entry of a divorce decree: 1. Ground for divorce: irretrievable breakdown under Section 3301 (c) of the Divorce Code. 2. Date and manner of service of the complaint: Certified mail, return receipt requested. Acceptance of Service by Defendant on September 5,2000. 3. Date of execution of the affidavit of consent and waiver required by Section 3301 (c) of the Divorce Code: by Plaintiff: by Defendant: February 15, 2001 February 20, 2001 4. Related claims pending: None Dated: ivl 'J,.I ( 01 ~~t~ Susan M. Seig man Attorney for Plaintiff ~.&iMi. ," ,~~..~~._J _,~ .' '~,';"~'N~" ~, '." ~.~ 0 ,-, ~) c: 'U ~ -.,., t( )1'1 ~~I: CO c;1S' 1'0 ~t:' '--1 ~~2 :2 ~ -i -< ('....) _. "," itl 'I i II ~ I I I I 'I I ! ~,~ .,1 , ~ . TERRY ALAN FREED, Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : NO. S 2000 - S9J" CUlt ~ KIM ANN FREED, Defendant : CIVIL ACTION - LAW : IN DIVORCE NOTICE TO DEFEND AND CLAIM RIGHTS You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take prompt action. You are warned that if you fail to do so, the case may proceed without you and a decree of divorce or annulment may be entered against you by the court. A judgment may also be entered against you for any other claim or relief requested in these papers by the plaintiff. You may lose money or property or other rights important to you, including custody or visitation of your children. When the ground for the divorce is indignities or irretrievable breakdown of the marriage, you may request marriage counseling. A list of marriage counselors is available in the Office of the Prothonotary at the Cumberland County Court House, 1 Courthouse Square, Carlisle, PA 17013. IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY, LAWYERS 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. The Cumberland County Lawyer Referral Service Cumberland County Bar Association 2 Liberty Avenue, Carlisle, PA 17013 (717) 249-3166 or (800) 990-9108 .~1Yl,~ Susan M. Seighman Attorney for Plaintiff /' , TERRY ALAN FREED, Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : NO. S 2000 -5''13(., ~ I~ KIM ANN FREED, Defendant : CIVIL ACTION - LAW : IN DIVORCE COMPLAINT UNDER SECTION 3301(c) OF THE DIVORCE CODE COUNT I - DIVORCE 1. Plaintiff is Terry Alan Freed, an adult individual who is sui juris and resides at 1221 Highlander Way, Mechanicsburg, Cumberland County, Pennsylvania. 2. Defendant is Kim Ann Freed, an adult individual who is sui juris and resides at 804 Highland Court, Mechanicsburg, Cumberland County, Pennsylvania. 3. Both Plaintiff and Defendant have been bona fide residents in the Commonwealth of Pennsylvania for at least six (6) months immediately previous to the filing of this Complaint. 4. The Plaintiff and Defendant were married on June 3, 1989, in Camp Hill, Cumberland County, Pennsylvania. 5. There have been no prior actions of divorce or for annulment between the parties. 6. Plaintiff has been advised of the availability of counseling and the right to request that the Court require the parties to participate in counseling. 7. The Defendant is not a member of the Armed Services of the United States or any of its Allies. 8. The Plaintiff avers that the ground on which the action is based is that the marriage is irretrievably broken. COUNT II - EQUITABLE DISTRIBUTION OF MARITAL PROPERTY 9. Paragraphs 1-8 are incorporated by reference herein. 10. Plaintiff and Defendant are the joint owners as tenants by the entireties of the following real estate which is subject to equitable distribution by this Court: 1221 Highlander Way, Mechanicsburg, Cumberland County, Pennsylvania. 11. Plaintiff and Defendant are the owners of various motor vehicles, bank accounts, investments, insurance policies and retirement benefits acquired during their marriage which are subject to equitable distribution by this Court. WHEREFORE, Plaintiff requests the Court to enter a Decree: A. Dissolving the marriage between Plaintiff and Defendant; and B. For such further relief as the Court may determine equitable and just. TUCKER ARENSBERG & SWARTZ BY:~~ / Susan M. Seighm I. D. No. 70323 P.O. Box 889 Harrisburg, PA 17108 (717) 234-4121 Attorneys for Plaintiff - .-'~""- ,,"e-, VERIFICATION I verify that the statements made in this Complaint are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904, relating to unsworn falsification to authorities. <::J\ ~ Dated: '6JaS)aO ',;,"~"-,--',' -. c- o. Cu -..0 ~ ~g \t. L ~ .. - ...l) 11- -h :0...."$\ ..:r III Crt (.) err ~ '. ~ ~%~~~ , I ~~ !~ ~ 1- o CJ ~ ~ wr-Ci rnf'1 ::;'") -.? '.," , ~7 r-~ ;,-,) C!~ ;:~- G.) ~~ 0 ~'D :f S~ ~:; :<: <".-' =< (.:J , ;c-::.:1 " , , \_~ , ~ T__~ -"C) .:.~) i-I-) --{ 5::} -, 8 . - "~~ '," ---', < ,. TERRY ALAN FREED, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 5936 CIVIL TERM KIM ANN FREED, Defendant : CIVIL ACTION - LAW : IN DIVORCE AFFIDAVIT OF SERVICE COMMONWEALTH OF PENNSYLVANIA ) ) SS: COUNTY OF DAUPHIN ) AND NOW, this t2~ -+A... day of ~ , 2000, personally appeared before me, a Notary Public in and for the aforesaid Commonwealth and County, Shaun M. Kovach, legal secretary to Susan M. Seighman, who being duly sworn according to law, deposes and says that on September 1, 2000, she mailed a certified copy of a Complaint in Divorce, by certified mail no. Z 398 269 564, return restricted delivery, receipt requested, to Kim Freed, 804 Highland Court, Mechanicsburg, PA 17055, and the same was received by her on September 5, 2000 as indicated by the return receipt card which is attached hereto. ~JAt 7ll.~ Shaun M. Kovach Sworn to and su~cribed befo~e this ~~.... day of ~,cA ,2000. ~~~ (SEAL) . Notarial Seal pau~~~~~~~g~~~hi~"6~~nPUbJiC My Commission Expires Mar. 2':; 2003 Member, Pennsylvania AssociatIon of Notanes ~' .. .' ...... '''",~ ~~' J, ' -',~'~ ~~ " T Z 398 269 564 US Postal Service Receipt for Certified Mail No Insurance Coverage Provided. Do not use for International Man See revetse l&Qlto r'll"':). b &Nu ~~OIfice, Postage Certified Fee Spadal Delivery Fee Restricted Delivery Fee "' m Retum Receipt Showing to Whom & Date Delivered ''''R_ReceipI~lo'Mlool, ~ Dale, &Addressee's Address Q i TOrAL Postage & Fee. $ q ~ Po_orOata ~ ~ q.-JI-UU .1r-'-'-." \ ~.' '""',' SENDEF/: . Complete items 1 and/or 2 for additional services. . Complete items 3, 4a, and 4b. . Print your name arn::l address on the raverse of this form so that we can return this card to you. . Attac~ this form to the front of the maiJpiece, o~ on the back if space does not permit. . Write NRetum Receipt RequestedN on the mailpiece below the article numper. . The Return Receipt will show to whom the article was delivered and the date delivered. ~. 1~ 'iij .. on ~ .. -5 I also wish to receive the following services (for an extra fee): 1. 0 Addressee's Address . 2.;[l[ Restricted Delivery Consult postmaster for fee. 4a. Article Number ,,; () .~ .. Ul 15. 'B .. 0: E :J 10 ACe~ified II: [j'" Insured g> DeOD ~ a: 3. Article Addressed to: a: MRS KIM FREED 10 'ii 804 HIGHLAND COURT ~ MECHANICSBURG PA 17055 () 4b. Service Type ~ilegistered D Express Mail . . Return Receipt for Merchandise 7. Date f eUv ry .~ - .e :J g, -" ~ = J:: .... 5. Received By: (Print Name) 8. Addre see' Address (Only if requested and fee is paid) - :J o >- ~ 102595-98-8-0229 ~ ~ '''''8;-''~iriIi:Jllliij ,~;, i< " :',', .~~,- "J, '0 ~.... ,,'_,___ ;">'_'--,;'-;"0~ ,,",'--, -,"",,'. ~;~' ! [", ~::, ,1 I t'! I, ' 'I:' :',:i ~ i 1:'i ~: i "Ii I J " ~' J " :::j p 0 -c:;r ~~~1 E C:~} C:l- ~'g) "', '-r' ..... r 'f";;) '-~;riJ '~~ "'-; ~"~~ go --T) ig *,J'k, r:.; '-.....l -,"' ~ ~ c) -< I' , IJ 'l ~ 11,'1 j ',I I,' '-:1 J \1 II !~ If I I 1 ,j I 1 ~ " ~" """", .',''''',''~'''''' ~~ --, ~, -,,- ""',, ," ~' ',1, '"-'c ~" . TERRY ALAN FREED, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO.co- 5936 CIVIL TERM KIM ANN FREED, Defendant CIVIL ACTION - LAW IN DIVORCE AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under Section 3301 (c) of the Divorce Code was filed on August 28, 2000. 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety (90) days have elapsed from the date of the filing and service of the Complaint. 3. I consent to the entry of a final Decree in Divorce. 4. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if I do not claim them before a divorce is granted. 5. I verify that the statements made in this affidavit are true and correct. I understand that false statements herein are rnade subject to the penalties of 18 Pa.C.S. 34904 relating to unsworn falsification to authorities. Date: "J.-.j/S/O I o , G~ Terry Free PI intiff S.S. NO.18 -5 -3024 " . ~ _u ~'," M' ,"",",~'. _\ , . '. , "" ''-' '--'.. ,1"'.; TERRY ALAN FREED, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NOpe- 5936 CIVIL TERM KIM ANN FREED, Defendant CIVIL ACTION - LAW IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER SECTION 3301(c) OF THE DIVORCE CODE 1. I consent to the entry of a final decree of divorce without notice. 2. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if I do not claim them before a divorce is granted. 3. I understand that I will not be divorced 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. I verify that the statements made in this affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904 relating to unsworn falsification to authorities. Date: d-.11'5101 ~c~ Terry Free~ ~';.J. :-....1..........-" '~...~l!l ~~," '"'~~.,.,:~ <~-... ~, ~~_'1W'..-ill:i' ~~ - ~1IIiioIiii~ """," < .~ CJ ~; o"tJr-1: Cf.1f;i-, ..~::':-:1 I Z.- cD), ~~ );E; "'" _..~ -< C" C) ." CT} CD : ~~ ,'1-,-.1 , ' .,[; '-r (~~'> .::~! -.>( ;; .>.-i-n ,.J r" .....; ::':r~ Co,) , 5:J -< ~ ,'. ,~, - '......,;"'" , TERRY ALAN FREED, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NOt)O- 5936 CIVIL TERM KIM ANN FREED, Defendant CIVIL ACTION - LAW IN DIVORCE AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under Section 3301 (c) of the Divorce Code was filed on August 28, 2000. 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety (90) days have elapsed from the date of the filing and service of the Complaint. 3. I consent to the entry of a final Decree in Divorce. 4. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if I do not claim them before a divorce is granted. 5. I verify that the statements made in this affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. 94904 relating to unsworn falsification to authorities. Date: d-/;J(!) / () I / ,-;- .Ai1'-rv ~erC Kim Freed, Defendant S.S. No. 165-56-9857 - ll'''J? 0 a C) ~~ .on -,., , -0 ,-q .},] )'1 1 ~S' C'-j Z 1'0 .. 1-:-' 2' c: , r--- (/? , "-' -::1 . (~.. l:_ -, I~ 2.:,~ 1', ,- 1 -'I) <C. \..i ("') Ci - iTl )> C - ~,~ <- c.- 5.1 :;! 1'.0 -< - , ., '".,,- . " ","0' TERRY ALAN FREED, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO.06- 5936 CIVIL TERM KIM ANN FREED, Defendant CIVIL ACTION - LAW IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER SECTION 3301(c) OF THE DIVORCE CODE 1. I consent to the entry of a final decree of divorce without notice. 2. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if I do not claim them before a divorce is granted. 3. I understand that I will not be divorced 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. I verify that the statements made in this affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904 relating to unsworn falsification to authorities. Date: ~I dO/ () I ~-.~tJl / Kim Freed, Defendant . CJ C) 0 C -1'1 ;''''~ ~'1 ~, p, 6, l'='~ G:J ~; f'J co -' -< ~~:. ""1"'~'" ~: c '"", )> ~, S L, ." :< (.) . -.....'- "Ii':