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HomeMy WebLinkAbout01-5906RUTH E. FEALTMAN, Plaintiff VS. PATRICK W. FEALTMAN, Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : No. ~/-- ~-~0(~ Civil Term : : ACTION 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. Where 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 at the Office of the Prothonotary, Cumberland County Courthouse. IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY, LAWYER'S FEES AND EXPENSES BEFORE A DIVORCE OR ANNULMENT IS GRANTED, YOU MAY LOSE THE RIGHT TO CLAIM 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) 249-3166 RUTH E. FEALTMAN, Plaintiff VS. PATRICK W. FEALTMAN, Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : No. (3 [ ~ ~) ~? Civil Term : ACTION IN DIVORCE COMPLAINT IN DIVORCE 1. Plaintiff is Ruth E. Fealtman, a competem adult individual, who has resided at 6606 Carlisle Pike, Mechanicsburg, Cumberland County, pennsylvania, 17050, for five and one-half years. 2. Defendant is Palrick W. Fealtman, a competent adult individual, who has resided at 6606 Carlisle Pike, Mechanicsburg, Cumberland County, pennsylvania, 17050, for five and one- half years. 3. Plaintiff and Defendant have been bona fide residents of the Commonwealth for at least 6 months immediately previous to the filing of this Complaint. 4. The Plaintiff and the Defendant were married on April 22, 1996 in Perry County, pennsylvania. 5. There have been no prior actions of divorce or for annulment between the parties. 6. Plaintiff has been advised that counseling is available and that plaintiff may have the right to request that the court require the parties to participate in counseling. 7. Plaintiff and Defendant have no children together. 8. Plaintiff and Defendant are both citizens 0fthe United States of America. 9. Neither Plaintiff or Defendant are a member of the Armed Forces oftbe United States of any of its allies. 10. The Plaintiff avers that the grounds on which this action is based are: (a) That the marriage is irretrievably broken; and/or ..... plaliatiff, the innocent (b) That the Defendant has offered such md~gnmes to the and injured spouse, as to render her condition intolerable and life burdensome. WHEREFORE, Plaintiff requests the court to enter a decree in divorce. 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. §4904 relating to unswom falsification to authorities. I~. F~filtman, Plaintiff Date: Respectfully submitted, Carlisle, Pa. 17013 (717) 245-8508 ATTORNEY FoR PLAINTIFF n ~ ~:, RUTH E. FEALTMAN, Plaintiff VS. PATRICK W. FEALTMAN, Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : : So'O/-- ~O~, CivilTerm : ACTION IN DIVORCE : PRAECIPE TO REINSTATE COMPLAINT TO THE PROTHONOTARY: Please reinstate the Complaint in the above-captioned matter. Date: Respectfully submitted, ~/. NAdams, Esquire o. 79465 117 South Hanover St. Carlisle, Pa. 17013 (717) 245-8508 ATTORNEY FOR PLAINTIFF RUTH E. FEALTMAN, Plaintiff VS. PATRICK W. FEALTMAN, Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : : No. 5906 Civil Term 2001 . : ACTION IN D1VORCE AFFIDAVIT OF SERVICE OF NOTICE TO DEFEND, COMPLAINT and PRAECIPE TO REINSTATE AND NOW, this November 21, 2001, I, Jane Adams, Esquire, hereby certify that on November 16, 2001, a Ixue and correct copy of the NOTICE TO DEFEND, REINSTATED COMPLAINT, AND PRAECIPE TO REINSTATE were served, via certified mail, restricted delivery, return receipt requested, addressed to: Patrick W. Fealtman 6614 Carlisle Pike Apt #2 Mechanicsburg, Pa. 17050 DEFENDANT Respectfully Submitted: e Adams, Esquire (~ .No. 79465 ' South Hanover St. trlisle, Pa. 17013 (717) 245 -8508 ATTORNEY FOR PLAINTIFF RUTH E. FEALTMAN, Plaimiff VS. PATRICK W. FEALTMAN, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 01-5906 CIVIL TERM 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 will proceed without you and a decree in divorce or annulment may 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 fights 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 First Floor, Cumberland County Courthouse, South Hanover Street, Carlisle, Pennsylvania 17013. IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF MARITAL PROPERTY, LAWYER'S FEES, OR EXPENSES BEFORE A DIVORCE 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, Pennsylvania 17013 (717) 249-3166 RUTH E. FEALTMAN, Plaintiff VS. PATRICK W. FEALTMAN, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 01-5906 CIVIL TERM IN DIVORCE ANSWER TO COMPLAINT IN DIVORCE WITH COUNTERCLAIM RAISING A COUNT OF INDIGNITIES AND A COUNT OF EQUITABLE DISTRIBUTION AND NOW, comes Patrick W. Fealtman, by and through his attorney, Robert P. Kline, Esquire, and respectfully answers the Complaint in Divome as follows: 1. Admitted. 2. Admitted in part. Defendant presently resides at 6614 Carlisle Pike, Apt. 2, Mechanicsburg, Cumberland County, Pennsylvania 17050. 3. Admitted. 4. Admitted. 5. Admitted. 6. Defendant has been advised that counseling is available and that Defendant may have the fight to request that the court require the parties to participate in counseling. 7. Admitted. 8. Admitted. 9. Admitted. 10.(a) Admitted. 10.(b) Denied. Defendant specifically denies the allegation that Defendant has offered such indignities to the Plaintiff as to render her condition intolerable and life burdensome and specific proof is demanded. COUNT II DEFENDANT'S CLAIM FOR DIVORCE INDIGNITIES 11. Defendant desires a divorce based upon: a. The fact that Plaintiff has offered such indignities to the person of the Defendant, the innocent and injured spouse, as to render his condition intolerable and life burdensome, including, but not limited to, adultery, fraud, physical, verbal and mental abuse and anguish, and abuse of illegal drags, and this action is not collusive or, in the alternative, b. It is believed that Plaintiff will after ninety (90) days from the date of the filing of this Complaint, consent to this divorce. WHEREFORE, Defendant requests this Honorable Court to enter a Decree in Divorce. COUNT III EQUITABLE DISTRIBUTION 12. Plaintiff and Defendant are owners of real property located at 6606 Carlisle Pike, vlechanicsburg, Cumberland County, Pennsylvania, various items of personal property, furniture, and household furnishings acquired during their marriage which are subject to equitable distribution. 13. Plaintiff and Defendant have incurred debts and obligations during their marriage which are subject to equitable distribution. WHEREFORE, Defendant requests your Honorable Court to enter a decree equitably dividing the parties' property and equitably apportioning the debts incurred by the parties. Respectfully submitted, DATE ROBERT P. KLINE, ESQUIRE 714 Bridge Street Post Office Box 461 New Cumberland, PA 17070-0461 (717) 770-2540 Attorney for Defendant VERIFICATION I verify that the statements made in the foregoing Answer to Complaint in Divorce With counterclaim Raising a Count of Indignities and a Count of Equitable Distribution are tree and correct. I understand that false statements herein made are subject to the penalties ofPa. C.S. Section 4904 relating to unswom falsification to authorities. )ate PATRICK W. FEALTMAN CERTIFICATE OF SERVICE I hereby certify that I served a txue and correct copy of the foregoing Answer to Complaint With Counterclaim upon Plaintiff by depositing same in the United States Mail, first class, postage pre-paid on the 15th day of March, 2002, from New Cumberland, Pennsylvania, addressed as follows: Jane Adams, Esquire 117 S. Hanover Street Carlisle, PA 17013 Attorney for Plaintiff ROBERT P. KLINE, ESQUIRE 714 Bridge Street Post Office Box 461 New Cumberland, PA 17070-0461 (717) 770-2540 Attorney for Defendant RUTH E. FEALTMAN, Plaintiff VS. PATRICK W. FEALTMAN, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 01-5906 CIVIL TERM IN DIVORCE PRAECIPE TO PROCEED IN FORMA PAUPERIS To the Prothonotary: Kindly allow Patrick W. Fealtman, Defendant, to proceed in forma pauperis. I, Robert P. Kline, Esquire, attorney for the party proceeding .in forma pauperis, certify that I believe the party is unable to pay the costs and that I am providing free legal services to the party. The party's affidavit showing inability to pay the costs of litigation is attached hereto. Respectfully submitted, DATE ROBERT P. KL1NE, ESQUIRE 714 Bridge Street Post Office Box 461 New Cumberland, PA 17070-0461 (717) 770-2540 Attorney for Defendant RUTH E. FEALTMAN, Plaintiff VS. PATRICK W. FEALTMAN, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 01-5906 CIVIL TERM IN DIVORCE AFFIDAVIT IN SUPPORT OF PETITION FOR LEAVE TO PROCEED IN FORMA PAUPERIS 1. I am the defendant in the above matter and because of my financial condition am unable to pay the fees and costs of prosecuting, defending, or appealing the action or proceeding. 2. I am unable to obtain funds from anyone, including my family and associates, to pay the costs of litigation. 3. I represent that the information below relating to my ability to pay the fees and costs is true and correct. (a) Name: Address: (b) Social Security Number: / (~ ~ - (a)t- ~'f~ If you are presently employed, state: Employer: /~¢,~/ (9 o ~ ~ ~J Address: ~~ ~ Sfl~ or wages per mon~: ~ &~ T~eofwork: ~ ~~ ~_ If you ~e presently ~employed, state: (c) (d) (e) Date of last employment: k Salary or wages per month: Type of work: Other income within the past twelve months Business or profession: ~ Other self-employment: Interest: Dividends: Pension and annuities: ;~ Social Security benefits: Support payments: Disability payments: Unemployment compensation and supplemental benefits: Workman's compensation: Public Assistance: ~ Other: Other contributions to household support (Wife) (Husband) Name: If your (husband) (wife) is employed, state: Employer: Salary or wages per month: Type of work: Contributions from children: Property owned Cash: ,iff Checking account: ~f Savings account: Certificates of Deposit: (f) Loans: Real estate (including home): Motor vehicle: Make ~ Cost Stocks/bonds: ~ Other: ¢ Debts and obligations Mortgage: ~r Rent: ,~ c?/w0 ~9 Year Amount Owed Monthly expenses: ~_~_~ ~- ~w,m~ c~ _~t~ ¢:.]~>v~, 17 ~ (g) Persons dependent upon you for support (Wife) (Husband) Name: ~~ Children, if any: Name: ~>-v~ c~ ,r-:_~ Age: 4. I understand that I have a continuing obligation to inform the court of improvement in my financial circumstances which would permit me to pay the costs incurred herein. 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. 4904, relating to unswom falsification to authorities. Date: ~ q.-~ <5>~L- PATRICK W. FEALTMAN RUTH E. FEALTMAN, Plaintiff VS. PATRICK W. FEALTMAN, Defendant : 1N THE COURT OF COMMON pLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : : No. 5906 Civil Term 2001 : : ACTION IN DIVORCF, AFFIDAVIT OF SEPARATION 1. The parties to this action separated on October 9, 2001, and have continued to live separate and apart for a period of at least two years. 2. The marriage is irretrievably broken. 3. I understand that I may lose my rights concerning alimony, division of property, lawyer's fees or expenses ifI do not claim them before a divorce is granted. I verify that the statements made in this affidavit are tree and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. §4904 relating to unswom falsification to authorities. Date:/~) -(~-~)~ Ru{ff~. Fealtman, Plainti~ff RUTH E. FEALTMAN, Plaintiff VS. PATRICK W. FEALTMAN, Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA No. 5906 Civil Term 2001 ACTION IN DIVORCE AFFIDAVIT OF SERVICE OF THE AFFIDAVIT OF SEPARATION AND NOW, this November 4, 2003, I, Jane Adams, Esquire, hereby certify that on or about October 12, 2003, a true and correct copy of the AFFIDAVIT OF SEPARATION was served, via certified mail, return receipt requested, addressed to: Robert Kline, Esquire 714 Bridge Street, P.O. Box 461 New Cumberland, Pa. 17070 ATTORNEY FOR DEFENDANT Respectfully Submitted: (717) 245-8508 ATTORNEY FOR PLAINTIFF · Complete items 1, 2, and 3. Aisc complete item 4 if Restricted DelNery is desired. · Print your name and address on the reverse so that we can return the card to you. · Attach this card to the back of the mailpiece, or on the front if space permits. 1. Article Addressed to: r-I Agent ¢ [] Addressee B. Received by (Pdnted Name) . Date of Delivery D. Is delivery address different from item 1 ? [] Yes If YES. enter delivery address below: [] No 3'~NiBiI [] E~press Mail / [] Registered [] Return Receipt for Meechandise ~r~ Insured Mail [] C.O.D. I 4. Rsstricted Delivery? (Exf,,a Fee) [] Yes 7001 2510 0001 4137 1'933 2. Article Number ~-ransfer from service label) PS Form 3~1 1, August ;001 Domestic Return Receipt UNITED STATES POSTAL SERVICE lFirst-Class Mail Postage & Fees Paid USPS Permit No. G-10 · Sender: Please print your name, address, and ZIP+4 in this box ° JANE ADAMS ATTORNEY AT LAW ~6 S, PITT STREET ~RLISLE, I~ 1701~ RUTH E. FEALTMAN, Plaintiff Vo PATRICK W. FEALTMAN, Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : : NO. 01-5906 CIVIL TERM : : CIVIL ACTION- LAW : IN DIVORCE 1. Check either (a) or (b): COUNTER-AFFIDAVIT UNDER §3301(d) OF THE DIVORCE CODE [~(a) I do not O.,l~pose the entry of a divorce decree. [~[ (b) I oppose me entry ora divome decree because (Check (i), (ii) or both): ~ (i) The parties to this action have not lived separate and apart for a period of at least ~ two yearS. ~ (ii) The r6arriage is not irretrievably broken. 2. Check either (a) or ~b): F(a) I do not wi; rights concemin~ them befor  (b) I wish to cl lawyer's fees, ~h to make any claims for economic relief. I understand that I may lose alimony, division of property, lawyer's fees or expenses ifI do not claim ,~ a divorce is granted. dm economic relief which may include alimony, division of property, expenses or other important rights. I verify that the s statements herein are n~ falsification to authoritie I understand thai in addition to check (b) above, I must also file all of my economic claims with the prothonotary ir~ writing and serve them on the other party. If I fall to do so before the date set forth on the Notice ~ ~f Intention to Request Divorce Decree, the divorce decree may be entered without further notice to me, and I shall be unable thereafter to file any economic claims. hatements made in this affidavit are true and correct. I understand that false ~e subject to the penalties of 18 Pa.C.S. §4904 relating to unswom NOTICE: IF YOU DO lq YOU DO NOT WISH T~ NOT FILE THIS COUN' PATRICK W. PE~.LT~, Defendant OT WISH TO OPPOSE THE ENTRY OF A DIVORCE DECREE AND ) MAKE ANY CLA1MF OR ECONOM/C RELIEF, YOU SHOULD AR-AFFIDAVIT. CERTIFICATE OF SERVICE I hereby ceaify! that I served a mae and correct copy of the foregoing Counter-Affidavit Under Section 3301(d) bf the Divorce Code upon Plaintiff, by depositing same in the United States Mail, first class, postage pre-paid on the 6th day of November, 2003, from New Cumberland, Pennsylvania, addresse, I as follows: Jane Adams, Esquire 36 S. Pitt Street Carlisle, PA 17013 Attomey for Plaimiff ROBERT P. KLINE, ESQUIRE 714 Bridge Street Post Office Box 461 New Cumberland, PA 17070-0461 (717) 770-2540 Attorney for Defendant RUTH E. FEALTMAN, Plaintiff vs. PATRICK W. FEALTMAN, Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : : No. 5906 Civil Term 2001 : : ACTION IN DIVORCE : AFFIDAVIT OF CONSENT 1. A complaint in divorce under section 3301(c) of the Divorce Code was filed on October I I, 2001. 2. The marriage of Plaintiffand Defendant is irretrievably broken and ninety days have elapsed from the date of the filing and service of the Complaint. 3. I consent to the entry of a final decree of divorce after service of notice of intention to request entry of the decree. I verify that the statements made in this affidavit are true and correct. I also understand that false statements herein are made subject to the penalties of 18 Pa.C.S. 4904, relating to unsworn falsification to authorities. Patrick W. Fealtman, Defendant WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER $3301¢c~ OF THE DIVORCE CODE 1. I consent to 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 ifl do not claim them before a divorce is granted. 3. 1 understand that 1 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 tree and correct. 1 understand that false statements herein are made subject to the penalties of 18 Pa.C.S. {}4904 relating to unsworu falsification to authorities. Date: Patrick W. Fealtman, Defendant RUTH E. FEALTMAN, Plaintiff : 1N THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA VS. PATRICK W. FEALTMAN, Defendant No. 5906 Civil Term 2001 ACTION IN DIVORCE MARRIAGE SETTLEMENT AGREEMENT THIS AGREEMENT, made this O~-~'f'~ day of ~"-C ~a~r-o'ot ft;t-~, 2004, by and between, PATRICK W. FEALTMAN, of Cumberland County, Pennsylvania, hereinafter referred to as "HUSBAND", and, RUTH E. FEALTMAN, of Cumberland County, Pennsylvania, hereinafter referred to as "HUSBAND". WlTNESSETH: WHEREAS, Husband and Wife were lawfully married on April 22, 1995, in Perry County, Pennsylvania, and; WHEREAS, there were no children bom of this marriage; WHEREAS, differences, disputes, and difficulties have arisen between the parties and it is the intention of Husband and Wife to live separate and apart for the mst of their natural lives, and the parties desire to settle their respective financial property rights and obligations as between each other, including the settling of all matters between them relating to 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, and/or maintenance of Husband or Wife; and in general, the settling of any and all possible claims by one against the other or against their respective estates; NOW THEREFORE, Wife and Husband, each intending to be legally bound, hereby covenant and agree as follows: 1. FULL DISCLOSURE OF ASSETS. Each party warrants that he or she has made a full and fair disclosure of income, assets, and their valuation prior to the execution of this Agreement as well as any other fact relating in any way to the subject matter of this agreement. These disclosures are part of the consideration made by each party for entering into this agreement. 2. ADVICE OF COUNSEL. The Husband has employed and had the benefit or counsel of Robert Kline, Esquire, as his attorney. The Wife has employed and had the benefit or counsel of Jane Adams, Esquire, as her attorney. Each party has carefully and completely read this agreement and has been advised and is completely aware not only of its contents but of its legal effect. 3. SEPARATION. The parties intend to maintain separate and permanent domiciles and to live apart bom each other. It is the intention and purpose of this agreement to set forth their respective fights and duties while they continue to live apart from each other. Neither party shall harass, annoy, injure, threaten, or interfere with the other party in any manner whatsoever. Each party may carry on and engage in any employment, profession, business or other activity as he or she may deem advisable. Neither party shall interfere with the uses, ownership, enjoyment, or disposition of any property now owned and not specified herein or property hereafter acquired by the other. 4. SUBSEQUENT DIVORCE. The parties hereby acknowledge that Wife has filed a Complaint in Divorce, claiming that the marriage is irretrievably broken under the no-fauit mutual consent provision of Section 3301(c) of the Pennsylvania Divorce Code. Husband hereby expresses his agreement that the marriage is irretrievably broken and expresses his intent to execute any and all afffidavits or other documents necessmy for the parties to obtain an absolute divorce pursuant to Section 3301(c) of the Divorce Code. The parties hereby waive all rights to request Court Ordered counseling under the Divorce Code. The provisions of this Agreement relating to equitable distribution of property of the parties are accepted by each party as a final settlement for all purposes whatsoever, as contemplated by the Pennsylvania Divorce Code. Should a decree, judgment, or order of separation or divorce be obtained by either of the parties in this or any other state, country or jurisdiction, each of the parties hereby consents and agrees that this Agreement and all of its covenants shall not be affected in any way by any such separation or divorce; and that nothing in any such decree, judgment, order, or further modification or revision thereof shall alter, amend, or vary any term of this Agreement, whether or not either or both of the parties shall remany. It is specifically agreed that a copy of this Agreement or the substance of the provisions thereof, may be incorporated by reference into any divorce, judgment, or decree. This incorporation shall not be regarded as a merger, it being the specific intent of the parties to permit this Agreement to survive any judgment and to be forever binding and conclusive upon the parties. 5. DATE OF EXECUTION. The "date of execution" or "execution date" of this agreement shall be defined as the date upon which it is 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 execution by the party last executing this Agreement. All provisions of this agreement shall be effectuated by the parties within thirty (30) days of the execution date of this agreement unless otherwise specified within this agreement. 6. MUTUAL RELEASE OF ALL CLAIMS. HUSBAND and WIFE each do hereby mutually remise; release, quit-claim and forever discharge the other and the estate of the other, of and from any and all rights; titles, and interests, or claims in or against the property (including income and gain from property hereafter accruing) of the other or against the estate of such other, or whatever nature and wheresoever situate, which she or he 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 liabilities of such other or by way of dower or curtesy, or claims in the nature of dower or curtesy of widow's or widower's rights, family exemption or similar allowance, or under the intestate laws, or the fight to take against the spouse's will; or the fight to treat a lifetime conveyance by the other as testamentary, or all other rights of a surviving spouse to participate in the decease spouse's estate, whether arising under the laws of Pennsylvania, any state, commonwealth, or territory of the United States, or any other country, or any fights which Wife may have or at any time hereafter have for past, present or future support or maintenance, alimony, alimony pendente lite, counsel fees, costs or expenses, whether arising as a result of any marital relation or otherwise, except, and only except, all fights and agreements and obligations of whatsoever nature arising or which may arise under this agreement or for the breach of any thereof. 7. WARRANTY OF DEBTS AND FUTURE OBLIGATIONS. Each party warrants that they have not contracted any debt or liability for the other or which the estate of the other party may be responsible or liable, and except only for the rights arising out of this agreement, neither party will hereat~er incur any liability whatsoever for which the other party or the estate of the other party, will be liable. Each party agrees to indemnify or hold harmless from and against all future obligations of every kind incurred by them, including those for necessities. 8. OUTSTANDING JOINT DEBTS. (a) Wife agrees that the following debts are her own personal responsibility and therefore agrees to completely and finally pay on the following debts and obligations. Any and all debt associated with the marital home. (b) Husband agrees that the following debts are his own personal responsibility and therefore agrees tO completely and finally pay on the following debts and obligations. 9. EQUITABLE DIVISION OF MARITAL PROPERTY. The parties have attempted to distribute their marital property in a manner which conforms to the cfiteda set forth in 23 Pa.C.S.A. s3501 et. seq. and taking into account the following considerations: the length of the marriage, the age, health, station, amount, and sources of income, vocational skills, employability, estate, liabilities, and needs of each of the parties, the contribution of each party to the education, training, or increased earning power of the other party; the oppommity for each party for future acquisitions of capital assets and income; the sources of income of both parties, including but not lhnitcd to medical, retirement, insurance or other benefits; the contribution or dissipation of each party in the acquisition, preservation, depreciation, or appreciation oftbe 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 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 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 constiituting marital property. The division of property under this Agreement shall be in full satisfaction of all the marital rights of the parties. As such, the parties acknowledge that Husband or Wife's obligation to make the payments defined in this agreement shall not be subject to termination, discharge, or discontinuance in bankruptcy or for any other reason or by any Court or tribunal. Should Husband or Wife pursue and action in hankruptey and be successful in extinguishing his obligation to pay any debts for which he has assumed sole obligation as set forth herein, he or she shall immediately be obligated to pay alimony to the other party in an amount equal to the monthly obligation on such debts that he or she otherwise had assumed and for which he had taken sole obligation and responsibility, plus an additional fifteen percent (15%) in consideration of the tax consequences associated with receipt of alimony. At the time of the implementation of this alimony award, which may be made through the appropriate Domastie Relations of support office with the Court of Common Pleas of appropriate jurisdiction as Husband or Wife may select, such party shall then be responsible for any such debts extinguished through the other party's bankruptcy as described herein. 10. OTHER PERSONAL PROPERTY. Husband and Wife do hereby acknowledge that they have previously divided all their tangible personal property. Except as may otherwise be provided in this Agreement, Wife agrees that all of the property of Husband or in his possession shall be the sole and separate property of Hnsband; and Husband agrees that all of the property of Wife or in her possession shall be the sole and separate property of Wife. The parties do hereby specifically waive, release, renounce, and forever abandon whatever claim, if any, he or she may have with respect to the above items which shall become the sole and separate property of the other. 11. MARITAL HOME. Wife holds sole title to a property identified as 6606 Carlisle Pike, Mechaniesburg, Pennsylvania, 17055. The parties agree as follows with respect to the marital residence: (a) Husband previously signed a quit-claim deed relinquishing his spousal interest in the above-referenced property. Husband again alTwms that he hereby releases, quit-claims, and waives, any and all claims to the residence identified above. Wife shall remain on the primary mortgage on the residence and shall be solely responsible for the timely payments of all past, present and future principal, interest, and other fees under the mortgage. Wife will indemnifiy and save Husband harmless from any failure or refusal to pay the mortgage. (b) As of the date of separation, and without regard to when bills for such items are incurred, received or due, Wife shall be solely responsible for all past, present, and future costs or liabilities associated with or attributable to maintaining the marital residence (except as provided herein), including but not limited to, ail real estate taxes, water and sewer rents, gas, electric, and telephone service, homeowner's insurance, and gardening expenses and repairs, and Wife shall keep Husband and his successors, assigns, heirs, executors, and administrators indemnified and held harmless from any liability, cost or expense, including attorney's fees, which are incurred in connection with such maintenance, costs, and expense. (c) Within ten (10) days of the signing of this agreement, Wife shall pay to husband a lump-sum payment of Two-thousand dollars. This payment shall be in full satisfaction of the equitable distribution of ail marital property, including the maritai home. 12. MUTUAL WAIVER OF EMPLOYMENT BENEFITS. The parties agree to waive any and ail rights they have in and to each other's employment benefits, including but not limited to both parties pensions and retirement plans and Incentive Savings Plans. The parties agree never to assume any claim to such benefits of the other at any time in the future. 13. ALIMONY, ALIMONY PENDENTE LITE and LEGAL FEES. Each party hereby waives any fight to spousai support, aiimony, or aiimony pendent¢ lite, and each party agrees to be responsible for his or her own legai fees and expenses. The parties herein acknowledge that by this Agreement, they have respectively secured and maintained a substantiai and adequate fund with which to provide for themselves sufficient f'manciai resources to provide for their comfort, maintenance, and support in the station of life to which they are accustomed. Wife and Husband do hereby waive, release, and give up any rights they may respectively have against the other for aiimony, support, or maintenance. It shall be from the execution of this Agreement the sole responsibility of each of the respective parties to sustain themselves without seeking any support from the other party. 14. INCOME TAX RETURNS. Husband and wife represent to each other that to the best of their knowledge ail federal, state, and local taxes required to paid with during the marriage and during the periods covered by such tax returns have been paid. Husband and Wife further represent that there are no tax deficiencies proposed or assessed against Husband and/or Wife for such periods, and neither Husband nor Wife executed any waiver of the Statute of limitations on the assessmem or collection of any tax for such periods. If any deficiency in federai, state, or locai income taxes is proposed, or any assessment of any such tax is made against the other party by reason of his or her having joined in the filing of joint federal, state or local income tax returns, Husband and Wife shall indemnify and hold harmless the other against and from any and ail tax, interest, penalty, or expense relating from any such tax deficiency, including reasonable counsel and accounting fees, and such tax, interest, and penalties or expenses shail be paid solely and entirely by the responsible party as determined to be attributable to that party on account of misrepresentation or failure to disclose relevant information of income on the aforesaid joint returns. 15. WAIVER OR MODIFICATION TO BE IN WRITING. No modification 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 nature. 16. MUTUAL COOPERATION. Each party shall, at any time and from time to time hereafter, take any and ail steps and execute, acknowledge, and deliver to the other party any and all further inslmments and/or documents that the other party may reasonably require for the propose of giving full force and effect to the provisions of this Agreement. 17. APPLICABLE LAW. The Agreement shall be construed in accordance with the laws of the Commonwealth of Pennsylvania which are in effect as of the date of execution of this Agreement. 18. INTEGRATION. This Agreement constitutes the entire understanding of the parties and supersedes any and all prior agreements or negotiations between them. There are no representations or warranties other than those expressly set forth herein. 19. OTHER DOCUMENTATION. Wife and Husband covenant and agree that they will forthwith execute any and all written instruments, assignments, releases, satisfactions, deeds, notes, or such other writings as may be necessary or desirable for the proper effectuation of this Agreement. 20. NO WAIVER OF DEFAULT. This Agreement shall remain in full force and effect unless and until terminated 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 default or breach of any provision hereof by construed as a waiver of any subsequent default or breach of the same or similar nature, not shall it be construed as a waiver or strict performance of any other obligations herein. 21. SEVERABILITY. If any term, condition, clause, or provision of this Agreement shall be determined or declared to be void or invalid in law or otherwise, then only that term, condition, clause, or provisions 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 his or her obligations under any one or more of the paragraphs herein, with the exception of the satisfaction of the conditions precedent, shall in no way avoid or alter the remaining obligations of the parties. 22. BREACH. If either party breaches any provisions of this agreement, the other party shall have the right, at his or her election, to sue for damages for such breach, or seek other remedies or relief as may be available to him or her, and the party breaching this contract should be responsible for payment of legal fees and costs incurred by the other in enfoming their rights under this agreement. 23. INFORMED AND VOLUNTARY EXECUTION. Each party to this agreement acknowledges that he or she is fully informed as to the facts relating to the subject matter of this agreement, is entering into this agreement voluntarily, free from baud, undue influence, coercion or duress of any kind, has given careful thought to the making of this agreement, has carefully mad each provision of this agreement, and fully and completely understands each provision of this agreement. IN WITNESS WHEREOF, the parties have hereunto set their hands and seals the day and year fn'st above written: WITNESS: RUTH E. FEA~TIV?IAN, Wife. Attorney for Ruth Fealtman PATRICK W. FUEALTMAN, Husband Robert Kline, Esquire 714 Bridge St., P.O. Box 461 New Cumberland, Pa. 17070 Attorney for Patrick W. Fealtman Date: oQ- ...~0~ Oa.! RUTH E. FEALTMAN, : Plaintiff : VS. : PATRICK W. FEALTMAN, : Defendant : THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 01 - 5906 CIVIL IN DIVORCE ORDER OF COURT 2004, the economic claims raised in the proceedings having been resolved in accordance with a marriage settlement agreement dated February 25, 2004, vacated and counsel can to the Court requesting the appointment of the Master is file a praecipe transmitting the record a final decree in divorce. BY THE COURT, CC: Jane Adams Attorney for Plaintiff Robert Peter Kline Attorney for Defendant RUTH E. FEALTMAN, Plaintiff VS. PATRICK W. FEALTMAN, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANI{~ No. 5906 CivilTerm 2001 ~::' : ACTION IN DIVORCE MARRIAGE SETTLEMENT AGREEMENT between, PATRICK W. F~,AI~_TMAN, o7 Cumberland County, Peunsylvmfiia,~ereinafter referred to as "HUSBAND, and, RUTH E. FEALTMAN, of Cunaberlan3'L:~6unty, Pennsylvania, hereinafter referred to as "HUSBAND". WITNESSETH: WHEREAS, Husband and Wife were lawfully married on April 22, 1995, in Perry County, Pennsylvania, and; WHEREAS, there were no children bom of this marriage; WHEREAS, differences, disputes, and difficulties have arisen between the parties and it is the intention of Husband and Wife to live separate and apart for the rest of their natural lives, and the parties desire to settle their respective financial property fights and obligations as between each other, including the settling of all matters between them relating to 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, and/or maintenance of Husband or Wife; and in general, the settling of any and all possible claims by one against the other or against their respective estates; NOW THEREFORE, Wife and Husband, each intending to be legally bo~md, hereby covenant and agree as follows: 1. FULL DISCLOSURE OF ASSETS. Each party warrants that he or she has made a full and fair disclosure of income, assets, and their valuation prior to the execution of this Agreement as well as any other fact relating in any way to the subject matter of this agreement. These disclosures are part of the consideration made by each party for entering into this agreement. 2. ADVICE OF COUNSEL. The Husband has employed and had the benefit or counsel of Robert Kline, Esquire, as his attorney. The Wife has employed and had the benefit or counsel of Jane Adams, Esquire, as her attorney. Each party has carefully and completely read this agreement and has been advised and is completely aware not only of its contents but of its legal effect. 3. SEPARATION. The parties intend to maintain separate and permanent domiciles and to live apart from each other. It is the intention and purpose of this agreement to s~et forth their respective rights and duties while they continue to live apart from each other. Neither party shall harass, annoy, injure, threaten, or interfere with the other party in any manner whatsoever. Each party may carry on and engage in any employment, profession, business or other activity as he or she may deem advisable. Neither party shall interfere with the uses, ownership, enjoyment, or disposition of any property now owned and not specified herein or property hereafter acquired by the other. 4. SUBSEQUENT DIVORCE. The parties hereby acknowledge that Wife has filed a Complaint in Divorce, claiming that the marriage is irretrievably broken under the no-fault mutual eousent provision of Section 3301(c) of the Pennsylvania Divorce Code. Husband hereby expresses his agreement that the marriage is irretrievably broken and expresses his intent to execute any and all affidavits or other documents necessary for the parties to obtain an absolute divorce pursuant to Section 3301(c) of the Divorce Code. The parties hereby waive all fights to request Court Ordered counseling under the Divorce Code. The provisions of this Agreement relating to equitable distribution of property of the parties are accepted by each party as a final settlement for all purposes whatsoever, as contemplated by the Pennsylvania Divorce Code. Should a decree, judgment, or order of separation or divome be obtained by either of the parties in this or any other state, country or jurisdiction, each of the parties hereby consents and agrees that this Agreement and all of its covenants shall not be affected in any way by any such separation or divome; and that nothing in any such decree, judgment, order, or further modification or revision thereof shall alter, mend, or vary any term of this Agreement, whether or not either or both of the parties shall remany. It is specifically agreed that a copy of this Agreement or the substance of the provisions thereof, may be incorporated by reference into any divome, judgment, or decree. This incorporation shall not be regarded as a merger, it being the specific intent of the parties to permit this Agreement to survive any judgment end to be forever binding and conclusive upon the parties. 5. DATE OF EXECUTION. The "date of execution" or "execution date" of this agreement shall be defined as the date upon which it is 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 defmed as the date of execution by the party last executing this Agreement. All provisions of this agreement shall be effectuated by the parties within thirty (30) days of the execution date of this agreement unless otherwise specified within this agreement. 6. MUTUAL RELEASE OF ALL CLAIMS. HUSBAND and WIFE each do hereby mutually remise; release, quit-claim and forever discharge the other and the estate of the other, of and from any and all rights; titles, and interests, or claims in or against the proper~y (including income end gain from property hereafter accruing) of the other or against the estate of such other, or whatever nature and wheresoever situate, which she or he now has or at any time hereafter may have against such other, the estate of such other or any part thereof, whether ~wising out of any former acts, contracts, engagements, or liabilities of such other or by way of dower or curtesy, or claims in the nature of dower or curtesy of 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 will; or the fight to treat a lifetime conveyance by the other as testamentary, or all other fights of a surviving spouse to participate in the decease spouse's estate, whether arising under the laws of Pennsylvania, any state, commonwealth, or territory of the United States, or any other country, or any rights which Wife may have or at any time hereafter have for past, present or future support or maintenance, alimony, alimony pendente lite, counsel fees, costs or expenses, whether arising as a result of any marital relation or otherwise, except, and only except, all fights and agreements and obligations of whatsoever nature arising or which may arise under this agreement or for the breach of any thereof. 7. WARRANTY OF DEBTS AND FUTURE OBLIGATIONS. Each party warrants that they have not contracted any debt or liability for the other or which the estate of the other party may be responsible or liable, and except only for the fights arising out of this agreement, neither party will hereafter incur any liability whatsoever for which the other party or the estate of the other party, will be liable. Each party agrees to indemnify or hold harmless from and against all future obligations of every kind incurred by them, including those for necessities. 8. OUTSTANDING JOINT DEBTS. (a) Wife agrees that the following debts are her own personal responsibilil~ and therefore agrees to completely and finally pay on the following debts and obligations. Any and all debt associated with the marital home. (b) Husband agrees that the following debts are his own personal responsibility and therefore agrees to completely and finally pay on the following debts and obligations. 9. EQUITABLE DMSION 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. s3501 et. seq. and taking into account the following considerations: the length of the marriage, the age, health, station, amount, and sources of income, vocational skills, employability, estate, liabilities, and needs of each of the parties, the contribution of each party to the education, training, or increased earning power of the other party; the opporttmity for 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 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 constitute in any way a sale or exchange of assets, and the division is being effected without the in~oducfion of outside funds or other property not constituting marital property. The division of property under this Agreement shall be in full satisfaction of ail the marital rights of the parties. As such, the parties acknowledge that Husband or Wife*s obligation to make the payments defined in this agreement shall not be subject to termination, discharge, or discontinuance in bankruptcy or for any other reason or by any Court or tribunal. Should Husband or Wife pursue and action in bankruptcy and be successful in extinguishing his obligation to pay any debts for which he has assumed sole obligation as set forth herein, he or she shall immediately be obligated to pay alimony to the other party in an amount equal to the monthly obligation on such debts that he or she otherwise had assumed and for which he had taken sole obligation and responsibility, plus an additional fifteen percent (15%) in consideration of the tax consequences associated with receipt of aiimony. At the time of the implementation of this aiimony award, which may be made through the appropriate Domestic Relations of support office with the Court of Common Pleas of appropriate jurisdiction as Husband or Wife may select, such party shall then be responsible for any such debts extinguished through the other party's bankruptcy as described herein. 10. OTHER PERSONAL PROPERTY. Husband and Wife do hereby acknowledge that they have previously divided all their tangible personal property. Except as may otherwise be provided in this Agreement, Wife agrees that all of the property of Hnsband or :in his possession shall be the sole and separate property of Husband; and Husband agrees that ail of the property of Wife or in her possession shall be the sole and separate property of Wife. The parties do hereby spacifieaily waive, release, renounce, and forever abandon whatever claim, if any, he or she may have with respect to the above items which shail become the sole and separate property of the other. 11. MARITAL HOME. Wife holds sole title to a property identified as 6606 Carlisle Pike, Mechanicsburg, Peunsylvania, 17055. The parties agree as follows with respect to the marital residence: (a) Husband previously signed a quit-claim deed relinquishing his spousai interest in the above-referenced property. Husband again affirms that he hereby releases, quit-claims, and waives, any and ail claims to the residence identified above. Wife shall remain on the primary mortgage on the residence and shall be solely responsible for the timely payments of all past, present and future principal, interest, and other fees under the mortgage. Wife will indemnify and save Husband harmless from any failure or refusal to pay the mortgage. (b) As of the date of separation, and without regard to when bills for such items are incurred, received or due, Wife shall be solely responsible for ail past, present, and future costs or liabilities associated with or attributable to maintaining the marital residence (except as provided herein), including but not limited to, ail reai astute taxes, water and sewer rents, gas, electric, and telephone service, homeowner's insurance, and gardening expenses and repairs, and Wife shail keep Husband and his successors, assigns, heirs, executors, and adm'mistmtors indemnified and held harmless from any liability, cost or expense, including attorney's fees, which are incurred in connection with such maintenance, costs, and expense. (c) Within ten (10) days of the signing of this agreement, Wife shall pay to husband a lump-sum payment of Two-thonsand dollars. This payment shall be in full satisfaction of the equitable distribution of all marital property, including the marital home. 12. MUTUAL WAIVER OF EMPLOYMENT BENEFITS. The parties agree to waive any and all rights they have in and to each other's employment benefits, including but not limited to both parties pensions and retirement plans and Incentive Savings Plans. The parties agree never to assume any claim to such benefits of the other at any time in the future. 13. ALIMONY, ALIMONY PENDENTE LITE and LEGAL FEES. Each party hereby waives any right to spousal support, alimony, or aiimony pendente lite, and each party agrees to be responsible for his or her own legal fees and expenses. The parties herein acknowledge that by this Agreement, they have respectively secured and maintained a substantial and adequate fund with which to provide for themselves sufficient financial resources to provide for their comfort, maintenance, and support in the station of life to which they are accustomed. Wife and Husband do hereby waive, release, and give up any rights they may respectively have against the other for aiimony, support, or maintenance. It shall be from the execution of this Agreement the sole responsibility of each of the respective panics to sustain themselves without seeking any support from the other party. 14. INCOME TAX RETURNS. Husband and wife represent to each other that to the best of their knowledge all federal, state, and locai taxes required to paid with during the marriage and during the periods covered by such tax returns have been paid. Husband and Wife further represent that there are no tax deficiencies proposed or assessed against Husband and/or Wife for such periods, and neither Husband nor Wife executed any waiver of the Statute of limitations on tbe assessment or collection of any tax for such periods. If any deficiency in federai, state, or locai income taxes is proposed, or any assessment of any such tax is mede against the other party by reason of his or her having joined in the filing of joint federal, state or local income tax returns, Husband and Wife shall indemnify and hold harmless the other against and from any and ail tax, interest, penalty, or expense relating from any such tax deficiency~ including reasonable counsel and accounting fees, and such tax, interest, and penalties or expenses shall be paid solely and entirely by the responsible party as determined to be attributable to that party on account of misrepresentation or failure to disclose relevant information of income on the aforesaid joint returns. 15. WAIVER OR MODIFICATION TO BE IN VVRI[TING. No modification 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 nature. 16. MUTUAL COOPERATION. Each party shall, at any time and from time to fane hereafter, take any and all steps and execute, acknowledge, and deliver to the other party any and all further instruments and/or documents that the other party may reasonably require for the purpose of giving full force and effect to the provisions of this Agreement. 17. APPLICABLE LAW. The Agreement shall be construed in accordance with the laws of the Commonwealth of Pennsylvania which are in effect as of the date of execution of this Agreement. 18. INTEGRATION. This Agreement constitutes the entire understanding of the parties and supersedes any and all prior agreements or negotiations between them. There are no representations or warranties other than those expressly set forth herein. 19. OTHER DOCUMENTATION. Wife and Husband covenant and agree that they will forthwith execute any and ail written instruments, assignments, releases, satisfactions, deeds, notes, or such other writings as may be necessary or desirable for the proper effectuafion of this Agreement. 20. NO WAIVER OF DEFAULT. This Agreement shall rema'm in full force and effect unless and until terminated 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 bereat~er to enforce the same, nor shall the waiver of any default or breach of any provision hereof by construed as a waiver of any subsequent default or breach of the same or similar nature, not shall it be construed as a waiver or strict performance of any other obligations herein. 21. SEVERABILITY. If any term, condition, clause, or provision of this Agreement shall be determined or declared to be void or invalid in law or otherwise, then only that term, condition, clause, or provisions 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 his or her obligations under any one or more of the paragraphs herein, with the exception of the satisfaction of the conditions precedent, shall in no way avoid or alter the remaining obligations of the parties. 22. BREACH. If either party breaches any provisions of this agreement, the other party shall have the right, at his or her election, to sue for damages for such breach, or seek other remedies or relief as may be available to him or her, and the party breaching this contract should be responsible for payment of legal fees and costs incurred by the other in enforcing their fights under this agreement. 23. INFORMED AND VOLUNTARY EXECUTION. Each party to this agreemem acknowledges that he or she is fully informed as to the facts relating to the subject matter of this agreemem, is entering into this agreemem voluntarily, free from fraud, undue influence, coercion or duress of any kind, has given careful thought m the making of this agreement, has carefully read each provision of this agreement, and fully and completely understands each provision of this agreement. 1N WITNESS WHEREOF, the parties have hereunto set their hands and seals the day and year first above written: WITNESS: RUTH E. FEP2LTIQukN, Wife. Attorney for Ruth Fealtman PATRICK W. I~EALTMAN, Husband Robert Kline, Esquire 714 Bridge St., P.O. Box 461 New Cumberland, Pa. 17070 Attorney for Patrick W. Fealtman Date: RUTH E. FEALTMAN, Plaintiff vs. PATRICK W. FEALTMAN, Defendant 1N THE COURT OF COMMON PLEAS CUMBERLAND COIfNTY, PENNSYLVANIA No. 5906 Civil Term 2001 ACTION IN DIVORCE .AFFIDAVIT OF CONSENT 1. A complaint in divorce under section 3301(c) of the Divorce Code was filed on October 11, 2001. 2. The marriage of Plaintiffand Defendant is irretrievably broken and ninety days have elapsed from the date of the filing and service of the Complaint. 3. I consent to the entry ora final decree of divorce after service of notice of intention to request entry of the decree. I verify that the statements made in this affidavit are true and correct. [ also understand that false statements herein are made subject to the penalties of 18 Pa.C.S. 4904, relating to unsworn falsification to authorities. u E. Feah:man, Plaintiff WAIVER OF NOTICE OF INTENTION ..TO REQUEST ENTRY OF A DIVORCE DECREE UNDER §3301(c) OF THE DIVORCE CODE 1. 1 consent to entry of a final decree of divorce without notice. 2. l 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 con'ecl, l understand that false statements herein are made subject to the penalties of 18 Pa.C.S. §4904 relating to unsworn falsification to authorities. ~an, Pla~ RUTH E. FEALTMAN, Plaintiff VS. PATRICK W. FEALTMAN, Defendant : 1N THE COURT OF COMMON PLEAS : CUMBERLAND COUqNTY, PENNSYLVANIA · No. 5906 Civil Term 2001 : : ACTION 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 &3~301 (c) of the Divorce Code. 2. Date and manner of the service of the Complaint: Delivered by certified mail, restricted delivery, return receipt requested, delivered on: November 16, 2001. 3. Date of execution of the affidavit of consent required by 3301(c) of the Divorce Code: By Plaintiff: February 20, 2004 By Defendant: 4. Related claims pending:~None. February20,2004 5. Date Defendant's Waiver of Notice in §3301(c) Divorce was filed with the Prothonotary: February 25, 2004 Date Plaintiffs Waiver of Notice in §3301(c) Divorce was filed with the Prothonotary: March 3, 2004 Respectfully Submitted: Esquire ~J).. No. 79465 36 S. Pitt Street Carlisle, Pa. 17013 (717) 245-8508 Attorney for Plaintiff Ruth E. Fealtman, Plaintiff VERSUS Patrick W. Fealtman, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY STATE OF PENNA. No. 01 - 5906 Civil Term NO. DECREE IN DIVORCE AND N O W, ~~J~ Ruth E. Fealtman DECREED THAT AND Patrick W. Fealtman , PLAINTIFF, _, DEFENDANT, ARE DIVORCED FROM THE BONDS OF MATRIMONY, 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; None; The property settlement agreement executed on February 25, 2004 And filed February 25, 2004 is incorporated but not merged into this Decree. BY THE COURT: {/~~~ PROTHONOTARY