HomeMy WebLinkAbout01-0680 FX
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IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY
.
.
STATE OF
PENNA.
.
LARRY B. HERLT,
.
.
NO. 01-680 Civil Term
Plaintiff
VERSUS
SUSAN E. HERLT,
Defendant
.
.
DECREE IN
DIVORCE
AND NOW,
~DV("","~' S
,
loo~ IT IS ORDERED AND
.
DECREED THAT
LARRY B. HERLT
, PLAINTIFF,
.
AND
SUSAN E. HERLT
, 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;
.
.
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.
.
.
.
.
The terms and provisions of the Post Nuptial Settlement Agreement .
.
.
signed by both parties on October 15, 2003 are hereby incovporate
but not merged in the Decree of D1vorce and rema1n D1na1ng upon
.
.
ATTE
ROTHONOTARY
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IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
LARRYB. HERLT * CIVIL ACTION - - DIVORCE
Plaintiff *
*
vs. * No. 01-680
*
*
SUSAN E. HERLT, *
Defendant *
SOCIAL SECURITY INFORMATION SHEET
PURSUANT TO 23 Pa.C.S.A. SECTION 4304.1(a)(3) ALL DIVORCES MUST INCLUDE
THE PARTIES SOCIAL SECURITY NUMBER.
PLEASE FILL IN THE APPROPRIATE INFORMATION AND RETURN TO THE
PROTHONOTARY'S OFFICE.
DATE:
October 27, 2003
DOCKET NO.
01-680
PLAINTIFF SS NO.
164-36-2414
NAME
Larry B. Herlt
DEFENDANT 55 NO.
194-36-4961
NAME
Susan E. Herlt
.
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,
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
LARRY E. HERLT,
Plaintiff
*
No. 01 - &,PO
Cit>'tL~~
*
*
vs.
*
*
SUSAN E. HERLT,
Defendant
*
*
CIVIL ACTION -LAW
NOTICE TO DEFEND AND CLAIM RIGHTS
YOU HAVE BEEN SUED IN COURT. IF YOU W1SH TO DEFEND AGAINST THE CLAlMS SET FORTH IN THE
FOLLOWING PAGES, YOU MUST TAKE PROMPT ACTlON. 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 CLAlM
OR RELIEF REQUESTED IN THESE PAPERS BY THE PLAINTlFF. YOU MAY LOSE MONEY OR PROPERTY OR
OTHER RIGHTS IMPORTANT TO YOU, INCLUDING CUSTODY OR VISITATlON 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 YORK COUNTY COURTHOUSE, 28 EAST MARKET STREET,
YORK,PA 17401.
IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY, LAWYER'S FEES OR
EXPENSES BEFORE A DIVORCE OR ANNULMENT IS GRANTED, YOU MAY LOSE THE RIGHT TO CLAIM ANY
OF THEM.
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER
OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE
YOU CAN GET LEGAL HELP.
Court Administrator
Cumberland County Courthouse
3 S. Hanover Street
Carlisle, P A 17013
Telephone: (717) 697-0371
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LARRY E. HERLT,
Plaintiff
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
* No. 0/- (,P6 CWJ
,-~
*
*
vs.
*
SUSAN E. HERLT,
*
*
CIVIL ACTION - LAW
Defendant
*
A VISO PARA DEFENDER Y RECLAMAR DERECIIOS
USTED HA SIDO DENIANDADO EN LA CORTE. Si desea defenderse de las quejas expuestas en las paginas
signientes. Oebe tomar accion con prontitud. Se Ie avisa que Si nose defiende, el caso puede proceder sin usted y decreto de
divorcio 0 anniamiento puede ser emitido en su contra por la Corte. Una decision puede tambien ser emitida en su contra por
cuaiquier otra queja 0 compensacion reclamados par el demandante. Usted puede perder dinero, 0 propiedades u otros derechos
importantes para usted.
Cuando la base para el divorcio es indignidades 0 rompimiento irrparable del matrimonio, usted puede so!icitar consejo
matrimonial. Una !ista de cousejeros matrimoniales esta disponible en la oficina del prothonotaIy, en la York County Court of
Common Pleas. 28 Eas Market Street, York, Pennsylvania.
SI USTED NO RECLAMA PENSION ALIMENTICIA. PROPIEDAD MARITAL, HONORARIOS DE
ABOGADO U OTROS GASTOS ANTES DE QLE EL DECRETO FINAL DE DIVORCJO 0 ANULAMIENTO SEA
EMITIDO. USTED PUEDE PERDER EL DERCHO A RECLAMAR CUALQUERA DL ELLOS.
USTED DEBE LUEVAR ESTE PAPEL A LN ABOGADO DL INMEDIATO. SI NO TIENE 0 NO PLEDE
PAGAR UN ABOGADO. V AYA 0 LLAME ALA OFICINA INDICADA ABAJO PARA A VERlGUARDONDE PUEDE
OBTENER ASISTENCIA LEGAL.
Court Administrator
Cumberland County Courthouse
3 S. Hanover Street
Carlisle, P A 17013
Telephone: (717) 697-0371
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LARRY E. HERLT,
Plaintiff
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
* No. Of- C.f6 ~
I~
*
*
vs.
*
*
SUSAN E. HERL T,
Defendant
*
CIVIL ACTION - LAW
*
COMPLAINT IN DIVORCE
COUNT I
I. The plaintiff is, Larry B. Herlt, who currently resides at 2003 Market Street, Camp Hill,
Cumberland County, Pennsylvania since January 5, 2001.
2. The defendant is, Susan E. Herlt, who currently resides at 3711 Rosemont Avenue, Camp Hill,
Pennsylvania since 1976.
3. There are no minor children of the parties.
4. Plaintiff and Defendant have been bona fide residents in the Commonwealth for at least six
months immediately previous to the filing of this Complaint.
5. The Plaintiff and Defendant were married June I, 1974 at Williamsport, Lycoming County,
Pennsylvania.
6. There have been no prior actions of divorce or annulment between the parties.
7. Neither party is presently a member of the Armed Forces on active duty.
8. The parties have not entered into a written agreement as to alimony, counsel fees, costs, and
property division.
9. 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. Being so advised, Plaintiff does not
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request that the Court require the parties to participate in counseling prior to a Divorce Decree being issued
by the Court.
IO.The cause of action and sections of Divorce Code under which Plaintiff is proceeding is
~3301(c). The marriage of the parties is irretrievably broken.
II. Plaintiff requests the court to enter a decree of divorce.
WHEREFORE, the Plaintiff requests the Court enter an Order dissolving the marriage between the
Plaintiff and Defendant.
Respectfully submitted,
Dated: /-1'1 -0/
,
~~
TimothyJ.Colgan, urre
WILEY, LENOX, COLGAN & MARZZACCO, P.C.
I South Baltimore Street
Dillsburg, PA 17019
(717) 432-9666
!.D. #77944
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VERIFICATION
, verify that the statements made in this document are
true and correct to the best of my knowledge, information, and belief. I understand that false
statements herein are made subject to the penalties of 18 Pa. C.S. ~4904, relating to unsworn
falsification to authorities.
Date: /. 17- Of
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LARRY E. HERLT
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY,
PENNSYLVANIA
Plaintiff
VB.
No. 01-680
SUSAN E. HERL T
Defendant CIVIL ACTION -- LAW
ACCEPTANCE OF SERVICE
I, Andrew C. Sheely, Attorney for the Defendant, accept service of the Complaint in
Divorce filed on February 2, 2001. I certify that I am authorized to accept service on behalf of
said, Defendant, Susan E. Herlt.
Date: ~ i-It'MO;J
.
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12. 7 ~. /1Ac.rIw S 1---
Address
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City, State, Zip
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LARRY E. HERLT,
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY,
PENNSYLVANIA
Plain tifT
vs.
No. 01-680
SUSAN E. HERLT,
Defendant CIVIL ACTION -- DIVORCE
PETITION FOR RELATED
CLAIMS UNDER DIVORCE CODE
AND NOW, TO WIT, this 18th day of August, 2003, comes the Plaintiff, Larry E. Rerlt,
by his attorney, Timothy 1. Colgan, Esquire, and files this Petition for Related Claims Under
Divorce Code of which the following is a statement:
COUNT I
REOUEST FOREOlJITABLE DISTRIBUTION OF MARITAL PROPERTY UNDER
~3502(a) OF THE DIVORCE CODE
I. Plaintiff and Defendant have individually or jointly acquired property, both real and
personal, during the marriage, in which they individually or jointly have legal or equitable interest,
which marital property is subject to equitable distribution.
WHEREFORE, Plaintiff requests the Court to determine and equitably distribute, divide or
assign said marital property, pursuant to ~3502(a) of the Divorce Code.
Dated: ~ J /% /~3
, ,
Respectfully submitted,
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. Timothy J. Colgan, Esquire r-
WILEY, LENOX & COLGAN, P.c.
1 South Baltimore Street
Dillsburg, PA 17019
(717) 432-9666
J.D. #77944
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CERTIFICATE OF SERVICE
I, Timothy J. Colgan, Esquire hereby certify that I am this day serving a copy of the
foregoing document upon the person(s) and in the manner indicated below, which service satisfies
the requirements of the Pennsylvania Rules of Civil Procedure, by depositing a copy of same in the
United States mail, first-class, postage prepaid, as follows:
Andrew C. Sheely, Esq.
127 South Market Street
P.O. Box 95
Mechanicsburg, PA 17055
WILEY, LENOX & COLGAN
& MARRZZACCO, P.C.
Date: 8' / J S) /}3
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BY:~L. ~/ Csf-luk JA-<. )
Timothy J. Colgan, Esquire 0 J !~ '-'
Supreme Court J.D. #77944
1 South Baltimore Street
Dillsburg, PA 17019
(717) 432-9666
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LARRY B. HERLT,
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY,
PENNSYL VANIA
Plaintiff
vs.
No. 01-680
SUSAN E. HERLT,
Defendant CIVIL ACTION -- DIVORCE
PLAINTIFF'S PRAECIPE TO AMEND THE CAPTION
TO THE PROTHONOTARY:
Kindly amend the caption in the above matter by changing the Plaintiff s middle initial
from "E." to "B." All parties consent to the amending of the Caption.
The undersigned verifies that the statements of fact in the Praecipe are true and correct
and are made subject to penalties 18 Pa.C.S.A. ~4904 relating to unsworn falsifications to
authorities.
Respectfully submitted,
Dated:
r~/'1-P3
Timothy J. Co an, ire
WILEY, LENOX, C GAN & MARZZACCO, P.c.
1 South Baltimore Street
Dillsburg, P A 17019
(717) 432-9666
!.D. #77944
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LARRY E. HERL T,
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY,
PENNSYL VANIA
Plaintiff
vs.
No. 01-680
SUSAN E. HERLT,
Defendant CIVIL ACTION -- DIVORCE
AFFIDAVIT OF CONSENT
1. A complaint in Divorce under ~3301(c) of the Divorce Code was filed on February 2,
2001.
2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety (90) days
have elapsed from the date of 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 understand that
false statements made herein are subject to the penalties of 18 Pa. C.S. ~4904 relating to
unsworn falsification to authorities.
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LARR~RLT
Date
Plaintiff
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LARRY E. HERL T,
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY,
PENNSYL VANIA
Plaintiff
vs.
No. 01-680
SUSAN E. HERL T,
Defendant CIVIL ACTION -- DIVORCE
WAIVER OF NOTICE OF INTENTION TO REOUEST
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 ifI 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 made herein are subject to the penalties of 18 Pa. c.s. ~4904 relating to unsworn
falsification to authorities. '.' vt/ ~~ ~
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Date LARRY E. HERLT
Plaintiff
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LARRY B. HERLT,
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY,
PENNSYL VANIA
Plaintiff
vs.
No. 01-680
SUSAN E. HERLT,
Defendant CIVIL ACTION -- DIVORCE
AFFIDAVIT OF CONSENT
I. A complaint in Divorce under ~3301(c) of the Divorce Code was filed on February 2,
2001.
2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety (90) days
have elapsed from the date of 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 understand that
false statements niade herein are subject to the penalties of 18 Pa. C.S. ~4904 relating to
unsworn falsification to authorities.
/tJ- Z:3 -C) :5
Date
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LARRY B. HERLT
Plaintiff
it
. F\lE~1ICE
OF THE PRQiHONOTARY
030CT29 PM 1:51
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CUMBERLAND COUNTY
PENNS'lLVANlA
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LARRY B. HERLT,
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY,
PENNSYL VANIA
Plaintiff
vs.
No. 01-680
SUSAN E. HERLT,
Defendant CIVIL ACTION -- DIVORCE
WAIVER OF NOTICE OF INTENTION TO REOUEST
ENTRY OF A DIVORCE DECREE UNDER
SECTION 3301(c) OF THE DIVORCE CODE
~
.
I. I consent to the entry of a final decree of divorce without notice.
2. Iunderstand that I may lose rights concerning alimony, division of property, lawyer's
fees, or expenses if! 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 made herein are subject to the penalties of 18 Pa. C.S. ~4904 relating to unsworn
falsification to authorities.
/(1 -;2 3 - 03
Date
LARR~/ ~/
Plaintiff
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03 OCT 29 Pi; I: 51
CUMBERLAND COUNTY
PEN~'YLVANiA
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~ndrew c. Sheely, Esquire
127 S. Market street
P.o. Box 95
Mechanicsburg, PA 17055
PA ID NO. 62469
717-697-7050 (Phone)
717-697-7065 (FaX)
LARRY B. HERLT,
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
vs.
CIVIL ACTION - LAW
SUSAN E. HERLT,
Defendant
01 - 680 CIVIL TERM
IN DIVORCE
AFFIDAVIT OF CONSENT
1. A Complaint in Divorce under Section 3301(c) of the
Divorce Code was filed on February 2, 2001.
2. The marriage of Plaintiff and Defendant is irretrievably
broken and ninety (90) days have elapsed from the date of filing
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 understand that false statements herein are made
subject to the penalties of 18 Pa.C.S.A. Section 4904 relating to
unsworn falsification to the authorities.
DATE:
1{)-/5-C13
{' 1/~
Susan E. Herlt
FiLED {)FFICE
(lr: F.r pQ(Yr:-.1(,\"lOTARY
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fir
03 OCT 29 PH I: 52
CUMBERLA\O COUNTY
P&:NNSYLVANL'\
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Andrew C. Sheely, Esquire
127 S. Market street
P.O. Box 95
Mechanicsburg, PA 17055
PA ID NO. 62459
717-697-7050 (Phone)
717-697-7065 (Fax)
LARRY B. HERLT,
plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
vs.
CIVIL ACTION - LAW
SUSAN E. HERLT,
Defendant
01 - 680 CIVIL TERM
IN DIVORCE
WAIVER OF NOTICE OF INTENTION TO REQUEST
ENTRY OF A DIVORCE DECREE UNDER
S3301 (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 decree 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.A. Section 4904
relating to unsworn falsification to the authorities.
~~ [ ~;t-
Susan E. Herlt
/ b -/ S- -0..3
DATE:
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03 DCi 29 PM \: 52
CUM8E.F1LPND COUN1Y
PENN'SYLVANIA
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IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
LARRYB. HERLT * CIVIL ACTION - - DIVORCE
Plaintiff *
*
vs. * No. 01-680
*
*
SUSAN E. HERLT, *
Defendant *
PRAECIPE TO TRANSMIT RECORD
TO THE PROTHONOTARY:
TransJTlit the record, together with the following information, to the Court for entry of a
divorce decree:
I. Grounds for Divorce: Irretrievable breakdown under Section 3301(c).
2. Date and manner of service of the Complaint:
Defendant:s counsel accepted Service of the Complaint in Divorce fIled on February 2.
2001. Acceptance of Service was signed by Andrew C. Sheely on Susan E. Herlt's belalf on
March 21. 2003 and filed with the Court on April 17. 2003.
3. Complete either Paragraph (a) or (b):
(a) Date of execution of the Affidavit of Consent required by Section 330 I (c) of
the Divorce Code: By Plaintiff: October 23. 2003; By Defendant: October 13.
1OOJ.
(b) (1) Date of execution of the Affidavit required by Section 3301(d) of the
Divorce Code: (2) Date of filing and service of the Plaintiffs
Affidavit upon the Respondent:
4. Related claims pending:
All related claims were resolved by a Marital Settlement Agreement dated October 15.
2003 and Order of Court in Re: Alimony. Said Marital Settlement Agreement is being filed
and Order of Court in Re: Alimony with this Honorable Court along with this Praecipe to
Transmit Record.
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Date:
5. Complete either (a) or (b):
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(a) Date and manner of service of the Notice ofIntention to File Praecipe to Transmit
Record, a copy of which is attached:
(b) Date Plaintiff's Waiver of Notice in Section 3301(c) Divorce is being filed
simultaneously with the Prothonotary Date Defendant's Waiver of Notice in Section
330 I ( c) Divorce is being filed simulatneously with the Prothonotary.
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By:
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Timothy J. Col , - qUIre
Attorney for Plaintiff
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F1LEb-amCE
OF n I::: DPnn..!ONonny
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03 OCT 29 PH I: 52
CUM8ERU.,ND COON1\'
PENNSYLVANIA
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LARRY B. HERLT,
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
vs.
CIVIL ACTION - LAW
SUSAN E. HERLT,
Defendant
01 - 680 CIVIL TERM
IN DIVORCE
ORDER OF COURT
IN RE: ALIMONY
AND NOW, this S tl. day of l\J." e....{,v , 2003, is hereby
Ordered and Decreed that Plaintiff, Larry B. Herlt, shall pay
Defendant, Susan E. Herlt, ELEVEN HUNDRED SIXTY DOLLARS and TEN
CENTS ($1,160.10) PER MONTH, payable on the first day of each
month, effective October 1, 2003 and continuing through September
30, 2006. Commencing on October 1, 2006, Husband agrees to and
shall pay to Wife as alimony the sum of NINE HUNDRED DOLLARS
($900.00) PER MONTH, payable on the first day of each month. All
payments of Alimony herein shall be made in accordance with and
subject to the provisions of paragraph 12 of the attached Post
Nuptial Settlement Agreement, which shall be incorporated but not
merged in the Divorce Decree.
BY THE COURT,
Timothy J. Colgan, Esquire
Attorney for Larry B. Berlt, Plaintiff
.
Andrew C. Sheely, Esquire
Attorney for Susan E. Berlt, Defendant
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POST NUPTIAL SETTLEMENT AGREEMENT
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THIS AGREEMENT, made this /~ day of October, 2~~, r8
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and between LARRY B. HERLT, hereinafter referred to as 2)~ r"
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hereinafter referred to as "wife".
WITNESSETH:
WHEREAS, Husband and Wife were lawfully married on June 1,
1974; and
WHEREAS, diverse and unhappy 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 hereto are desirous
of settling fully and finally their respective financial and
property rights and obligations as between each other including,
without limitation by specification: the settling of all matters
between them relating to the ownership and equitable distribution
of real and personal property; the settling of all matters between
them relating to the past, present and future support, alimony
and/or maintenance of Wife by Husband or Husband by Wife; and in
general the settling of any and all claims and possible claims by
one against the other or against their respective estates.
NOW, THEREFORE, the parties intending to be legally
bound hereby do covenant and agree as follows:
1. SEPARATION: It shall be lawful for each party at
all times hereafter to live separate and apart from the other
party at such place as he or she may from time to time choose or
deem fit. The foregoing provisions shall not be taken as an
admission on the part of either party of the lawfulness or
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unlawfulness of the causes of their living apart.
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.
3. PRIOR AGREEMENTS: 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.
4. ADVICE OF COUNSEL: The provisions of this
Agreement and their legal effect have been fully explained to
the parties by their respective counsel, Andrew C. Sheely,
Esquire of 127 South Market Street, Mechanicsburg, pennsylvania,
for Wife, Timothy J. Colgan, Esquire of 1 South Baltimore
Street, Dillsburg, Pennsylvania, for Husband. The parties
acknowledge that each has received independent legal advice from
counsel of his or her own selection, that each has fully
disclosed his or her respective financial situations to the
other including his or her property, estate, assets,
liabilities, income and expenses, that each is familiar with and
fully understands the facts, including the property, estate,
assets, earnings and income of the other, and that each has been
fully informed as to his or her legal rights and obligations.
Each of the parties acknowledges and agrees that, after having
received such advice and with such knowledge, this Agreement is,
in the circumstances, fair, reasonable and equitable, that it is
being entered into freely, voluntarily, and in good faith and
that the execution of this Agreement is not the result of any
duress, undue influence, coercion, collusion and/or improper or
illegal agreement. The parties further acknowledge that they
have each made to the other a full and complete disclosure of
their respective assets, estate, liabilities, and sources of
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income and that they waive any specific enumeration thereof for
the purposes of this Agreement.
5. MARITAL AND NON-MARITAL PROPERTY
The parties hereto acknowledge that during their
marriage they have acquired, individually or jointly, various
marital assets and the increased value of non-marital assets and
property, including the following:
(A) Jointly owned real estate located at 3711 Rosemont
Avenue, camp Hill, (Lower Allen Township), Cumberland County,
pennsylvania, with an estimated value of $95,000.00; and
(B) Husband's AT&T Management Pension Plan with a current
estimated monthly benefit of $847.37 as evidenced by a
valuation dated November 27, 2002 with a value of $96,234.29
per an appraisal performed by Pension Appraiser, Inc., and
(C) 1989 Mercury Sedan or the proceeds thereof with an
estimated value of $1,000.00; and
(D) 1987 Ford Van or the proceeds thereof with an estimated
value of $500.00; and
(E) Miscellaneous Bank Accounts not exceeding $5,000.00;
and
(F) Miscellaneous personal property, including furniture,
personal items, dishes, tools, jewelry, increase in value of
non-marital property, equipment, coins and cash.
Husband and Wife acknowledge that they are aware of their
respective rights pursuant to the Divorce Code of 1980, as
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amended, to obtain formal valuations or appraisals of the marital
residence, any and all retirement assets, and other items of
marital property. However, the parties agree that they will not
undertake this expense and acknowledge that no financial
disclosures are attached to this agreement as separate exhibits or
schedules. The parties hereby waive any necessity for completing
or attaching any financial disclosure(s). Each party further
acknowledges the opportunity to attach a full and complete
financial disclosure and that such disclosure is not desired to
effectuate a fair and equitable resolution of their marital
rights, duties and obligations as provided in the Divorce Code of
1980, as amended.
6. PERSONAL PROPERTY
Husband and Wife hereto mutually agree that they have
etfected 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, whether said property is heretofore owned jointly or
individually by the parties hereto, 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 possessions of
each of the parties hereto.
Husband and Wife agree that they 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 possession
and/or under the control of the other.
From and after the date of the signing of this
Agreement both parties shall have complete freedom of disposition
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(ii) Capital Gains Tax Husband and Wife further agree
that Wife shall assume any and all liability for any capital gains
taxes which may be assessed hereafter as the result of any future
sale of 3711 Rosemont Avenue, Camp Hill (Lower Allen Township),
pennsylvania, by qualifying for an exemption or by paying any taxes
due, if applicable.
8. HUSBAND'S AT&T Pension
Husband and Wife acknowledge that Husband is a participant
in an AT&T Management Pension Plan as a result of his employment
with AT&T from July 14, 1969 through December 31, 1989. Husband
and Wife acknowledge that a portion of Husband's pension in the
amount of $847.37 is marital property and that Wife is entitled to a
portion of Husband's retirement pension in accordance with the laws
of the Commonwealth of Pennsylvania relating to equitable
distribution of marital property. Notwithstanding such right, Wife
hereby agrees to waive her right to make a claim upon the Husband
for any marital or non-marital interest in said plan through the his
prior employment with the AT&T. Wife agrees to sign any and all
documents within thirty (30) days after the execution of this
Agreement so as to waive interest in the AT &T pension and other
retirement benefits, if necessary or as required by the Plan
Administrator. Husband and Wife hereby acknowledge that Husband may
remove Wife as beneficiary under any plan.
9. JOINT DEBTS. LIABILITY NOT LISTED: Husband and Wife
acknowledge that they have incurred various marital, (joint and
separate) debts prior to separation. Husband and Wife agree that
Husband shall assume full liability and hold Wife harmless from any
liability for any and all consumer or other debt in Husband's name.
Husband and Wife agree that Wife shall assume full liability and
hold Husband harmless from any liability for any and all consumer or
other debt in Wife's name.
Specifically, Husband shall assume the following debts with
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as to their separate property which is in their possession or
control pursuant to this Agreement and may mortgage, sell, grant,
conveyor 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 acknowledge any deed, mortgage, or other
instrument of the other pertaining to such disposition of
property. Further, the division of existing marital property is
not, except as otherwise expressly provided herein, intended by
the parties to constitute in any way, a sale or exchange of assets
and the division is being affected without the introduction of
outside funds or other property not constituting a part of the
marital estate. As a part of an equitable division of the marital
properties and the marital settlement herein contained, the
parties hereto agree to save and hold each other harmless from all
income taxes assessed against the other resulting from the
division of the property as herein provided.
7. REAL ESTATE 3711 Rosemont Avenue. Camp Hill. pennsylvania
(i) Transfer Husband agrees to transfer by deed, any and
all legal or equitable right, title and interest in and to the
parcel of jointly-owned real estate with improvements thereon
situate at 3711 Rosemont Avenue, Camp Hill (Lower Allen Township),
Pennsylvania, (Deed Book UM", Volume 26, Page 793) to Wife, and to
sign all documents necessary to effect said transfer of any
equitable or legal interest in such property to Wife on or before
the signing of this Agreement. Further, upon execution of this
Agreement, Husband waives any and all interest in the marital real
estate located at 3711 Rosemont Avenue, Camp Hill (Lower Allen
Township), Pennsylvania. Wife shall hold Husband harmless from any
current mortgage or other lien encumbering the property.
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the listed estimated balances, and hold Wife forever harmless from
payment thereon:
Lender
a. Bank One
b. Bank One
c. ATT Universal Card
~ccount Number Principal Balance
4118 1603 0889 4487 $ 7,238.44
4366 1030 3391 5093 $ 13,170.30
5396 4090 0012 1057 $ 15,682.67
Specifically, Wife shall assume the following debts with the
listed estimated balances, and forever hold Husband harmless from
payment thereon:
NONE
Each party represents and warrants to the other that he or
she has not incurred any debt, obligation or other liability, other
than those described in this Agreement, on which the other party is
or may be liable. A liability not disclosed in this Agreement will
be the sole responsibility of the party who has incurred or may
hereafter incur it, and such party agrees to pay it as the same
shall become due, and to indemnify and hold the other party and his
or her property harmless from any and all such debts, obligations
and liabilities.
10. WARRANTY AS TO FUTURE OBLIGATIONS: Husband and Wife
each represents and warrants to the other that he or she will not
any time in the future incur or contract any debt, charge or
liability for which the other, the other's legal representatives,
property or estate may be responsible. From the date of execution
of this Agreement, each party shall use only those credit cards and
accounts for which that party is individually liable. Each party
hereby agrees to indemnify, save and hold the other and his or her
property harmless from the claims of the other party.
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11. WAIVERS OF CLAIMS AGAINST ESTATE: 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 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, courtesy, statutory allowance,
widow's allowance, right to take intestacy, right to take against
the will of the other, and right to act as administrator or executor
of the other's estate, and each will at the request of the other,
execute or 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.
A. This paragraph shall not affect either party's right or
power to expressly include the other party as beneficiary in any
will or other document, whether written in the past or in the
future.
B. This paragraph shall not affect either party's right or
power to expressly include the other party as beneficiary of any
insurance policies whether effected in the past or in the future.
12. ALIMONY:
(al In recognition of the criteria set forth in 23 Pa.
Cons. Stat. Ann., S 3701 et seq., Husband agrees to and shall pay
to Wife as alimony the sum of ELEVEN HUNDRED SIXTY DOLLARS and
TEN CENTS ($1,160.10) PER MONTH, payable on the first day of
each month, commencing on October 1, 2003 and continuing through
September 30, 2006. Commencing on October 1, 2006, Husband agrees
to and shall pay to Wife as alimony the sum of NINE HUNDRED
DOLLARS ($ 900.00) PER MONTH, payable on the first day of each
month, commencing on October 1, 2006. Husband and Wife agree to
and shall cooperate with setting up bank or other accounts so as
to provide for the payment of alimony herein by automatic or
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electronic transfer to Wife's bank or other account as directed by
wife. In the event electronic transfer is not available, nothing
herein shall prevent such payment to be made directly from Husband
to Wife by check.
(b) Husband and Wife hereby acknowledge that Alimony shall be
modifiable in the event of one of the following:
(i) In the event Husband employment income is
involuntarily decreased or reduced below $40,000.00 per
annum, the alimony amount set forth above shall be reduced
pro-rata; and/or
(ii) In the event of Husband's Incapacity, alimony shall
cease for the period of incapacity; and/or
(iii) In the event of the death of either party, alimony
shall terminate; and
(iv) In the event of the remarriage of Wife, or wife's
cohabitation with a person of the opposite sex, alimony shall
terminate.
(v) In the event Wife obtains employment during the 36
months immediately following the execution of this Agreement
through which health insurance coverage is available to her
at a costs equal to or less than the costs of Husband's COBRA
benefit, the alimony payments shall be reduced by the costs
of the COBRA benefit being paid by Husband.
(vi) In no event shall such alimony payments be
construed as a claim upon or against Husband's Estate.
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(c) This Agreement has been negotiated on the agreement
that the alimony payments described in this Paragraph 8 will be
deductible by Husband and taxable to Wife. Therefore, it is the
intention, understanding and agreement of the parties that the
payments described in this Paragraph 8, to the extent permitted by
law, shall constitute "periodic" payments payable by reason of the
"marital or family relationship" of the parties, as those terms
are defined in Section 71 of the Internal Revenue Code of 1954, as
amended, and accordingly that all such payments shall be included
in wife's gross income and deductible by Husband for federal
income tax purposes pursuant to Sections 71 and 215 of the
Internal Revenue Code of 1954, as amended, respectively. wife
agrees to report payments received under this Paragraph 8 in her
gross income for federal and, if applicable, for local and state
income tax purposes. Wife shall be solely responsible for any and
all income taxes with respect to any payments received by her as
alimony as required by this Paragraph 8.
(d) In the event of any subsequent filing of bankruptcy by
Husband within four (4) years of the date of this Agreement, this
Agreement shall constitute conclusive evidence of the parties'
intent that the obligation of this paragraph is in the nature of
alimony and is not dischargeable in bankruptcy under the current
bankruptcy law or any amendment thereto. Further, if Husband
institutes an action in bankruptcy or any other bankruptcy
proceeding is instituted in which wife's right to the alimony
hereunder becomes a matter for judicial review, Husband agrees to
consent to any motion filed by Wife with the Bankruptcy Court
requesting that the Bankruptcy Court abstain from deciding the
dischargeability of this alimony obligation and any other
obligations due her hereunder in order to allow the Cumberland
County Court of Common Pleas to rule on this issue.
(e) Husband agrees that Husband shall pay the current
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amount of monthly spousal support in the amount of $1,023.28 as
required by Court Order docketed to 00134 S. 2000, PACSES Case
Number 940103064 through September 30, 2003. Further, Husband
agrees that Husband shall remain responsible for any support
arrears which may exist as of September 30, 2003 on the above-
referenced support action and shall continue to pay for such
arrears until fully satisfied, and Husband shall be entitled to
any credits which may exist on the support action, to the extent
such exists.
13. HEALTH INSURANCE: Husband and Wife acknowledge that
group health and dental insurance is provided for the benefit of
both parties through husband's former employer, AT&T. Upon entry
of the divorce, Husband and Wife acknowledge that Wife shall be
entitled to continued health and dental insurance through the
United Health Care High Indemnity Plan and AETNA US Dental Plan at
a current or proposed cost of $520.20 per month for a single COBRA
rate. Husband and Wife agree that Husband shall pay for one-half
of the cost of the available health and dental insurance to Wife
following the entry of a Decree in Divorce, and that a current
amount of $260.10 has been incorporated in the payment of Alimony
as set forth in paragraph 12 of this Marital Settlement Agreement
to reflect the current cost attributed to Husband. In no event
shall Husband be required to contribute more than $260.10 towards
Wife's health insurance.
In the event Husband seeks to discharge this obligation by
the filing of any subsequent filing of bankruptcy by Husband
within four (4) years of the date of this Agreement, this
Agreement shall constitute conclusive evidence of the parties'
intent that the obligation of this paragraph is not dischargeable
in bankruptcy under the current bankruptcy law or any amendment
thereto. Further, if Husband institutes an action in bankruptcy or
any other bankruptcy proceeding is instituted in which wife's
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right to the alimony hereunder becomes a matter for judicial
review, Husband agrees to consent to any motion filed by Wife with
the Bankruptcy Court requesting that the Bankruptcy Court abstain
from deciding the dischargeability of this alimony obligation and
any other obligations due her hereunder in order to allow the
Cumberland County Court of Common Pleas to rule on this issue.
14. LIFE INSURANCE. The parties hereto acknowledge
and agree that any and all life insurance policies owned by them
jointly or singly have been divided to their mutual and individual
satisfaction. Each party hereto acknowledges that they have in
their sole possession those policy or policies of life insurance
which they intend to keep and retain as their sole and exclusive
property and, further, each party shall have the right to
designate the beneficiaries of said policies without interference
from the other party. Wife further releases any claim to any cash
value in any insurance policy acquired by Husband during the
course of the marriage.
15. INCOME TAX RETURNS Each party represents and warrants
to the other that they shall file a separate income tax return for
tax year 2003 and separate income tax returns thereafter.
Information maintained by one party which is necessary to complete
any income tax return shall not be unreasonably withheld upon the
request of either party.
16. EFFECT ON DIVORCE: The execution and delivery of
this Agreement is not predicated upon nor made the subject of any
agreement for the institution, prosecution, defense or for the
non-prosecution or non-defense of any action for divorce. Nothing
in this Agreement, however, shall prevent either Wife or Husband
from prosecuting any other action for divorce, either absolute or
otherwise, on lawful grounds if such grounds presently exist or
may exist in the future or from defending any such action with
such defenses as are presently or may in the future become
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available. Husband previously has filed a divorce action in the
Court of Common Pleas of Cumberland County, Pennsylvania, No.
seeking a divorce decree pursuant to, inter alia, SS 3301(c) and
3301(d) of the Divorce Code. It specifically is understood and
agreed by and between the parties and each party does hereby
warrant and represent to the other that, as defined in the Divorce
Code, the parties have lived separate and apart for a period of at
least two years and their marriage is irretrievably broken and
that they do not desire marital counseling. The parties agree to
take all legal steps (including the timely and prompt submission
of all documents and the taking of all actions including executing
the appropriate waivers of notice of the master's hearing, right
to file exceptions, and right to file appeal) necessary to assure
that a divorce pursuant to Section 3301(c) of the Divorce Code is
entered as soon as possible, but in any event no later than one
(1) month from the date of execution of this Agreement. To that
end, the parties have executed and agree to promptly file the
affidavits required to obtain a divorce pursuant to S 3301(c) of
the Divorce Code. If, after the execution of this agreement,
either party delays or contests the obtaining of a final,
unappealed divorce decree, that party shall be fully responsible
for all attorneys' fees, costs and/or expenses incurred as a
result of such delay in obtaining the decree.
17. MUTUAL RELEASE: Subject to the provlslons of
this Agreement, each party has released and discharged and by this
Agreement does for himself of 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 in law or equity, which either of the
parties ever had or now has against the other, except any or all
causes of action for divorce and except any and all causes of
action for breach of any provisions of this Agreement.
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18. WARRANTY OF DISCLOSURE: Husband and Wife represent
and warrant that they have disclosed to each other the full extent
of their assets, income and liabilities. Each party has had ample
opportunity to review the financial condition of the other and
each party agrees not to challenge the instant Agreement based on
an allegation of lack of sufficient disclosure of assets or
income.
vehicles
19. MOTOR VEHICLES:
owned by one or both of
With respect to the motor
the parties, they agree as
follows:
A. The 1989 Mercury Sedan, or the proceeds thereof, shall
be the sole and exclusive property of Wife, subject to any liens
or encumbrances which Wife agrees to assume; and
B. The 1987 Ford Aerostar van, or the proceeds thereof,
shall be the sole and exclusive property of Husband, subject to
any liens or encumbrances which Husband agrees to assume.
20. AGREEMENT NOT A BAR TO DIVORCE PROCEEDINGS: This
agreement shall not be considered to affect or bar the right of
Husband and Wife to an absolute divorce on lawful grounds if such
grounds now exist or shall hereafter exist or to such defense as
may be available to either party. This Agreement is not intended
to condone and shall not be deemed to be condonation on the part
of either party hereto of any act or acts on the part of the other
party which have occasioned the disputes or unhappy differences
which have occurred or may occur subsequent to the date hereof.
21. AGREEMENT TO BE INCORPORATED IN DIVORCE DECREE:
The parties agree that the terms of this Agreement may be
incorporated into any Divorce Decree which may be subsequently
entered with respect to them.
22. NON-MERGER: It is the parties' intent that this
Agreement does not merge with any subsequent Divorce Decree, but
rather, it continues to have independent contractual significance
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and each party maintains their contractual remedies as well as
court remedies as the result of the aforesaid incorporation or as
provided by law or statute.
23. BREACH: If either party breaches any provision
of this Agreement, the other party shall have the right at his or
her election, to sue for and recover damages for such breach or
Seek such other remedies or relief as may be available to him or
her. The party breaching this Agreement shall be responsible for
the payment of all legal fees and costs incurred by the other
party in enforcing his or her rights under this Agreement, or
seeking such other remedy or relief as may be available to him or
her.
24. 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 performance of any of the provisions of this
Agreement shall not be construed as a waiver of any subsequent
default of the same or similar nature.
25. VOID CLAUSES: If any term, condition, clause or
provlslon 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.
26. VOLUNTARY EXECUTION: The parties acknowledge
that they have received independent legal advice from counsel of
their selection or that they have been provided the opportunity to
seek independent legal advice and that they fully understand the
facts and have been fully informed as to their legal rights and
obligations and they acknowledge and accept that this Agreement
is, in the circumstances, fair and equitable and that it is being
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entered into freely and voluntarily, after having received such
advice and with such knowledge and that execution of this
Agreement is not the result of any duress or undue influence and
that it is not the result of any collusion or improper or illegal
agreement or agreements. Further, the parties acknowledge that
both parties drafted the content and language used in this
agreement and that any ambiguity found to exist shall not be
construed in favor of one party or against another on the basis of
the drafting of this agreement.
27. INTEGRATION: This Agreement constitutes the
entire understanding of the parties and supersedes any and all
prior agreements and negotiations between them. There are no
representations or warranties other than those expressly set forth
herein.
28. MUTUAL COOPERATION: Each party shall, at any
time and from time to time 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.
29. APPLICABLE LAW: This Agreement shall be
construed under the laws of the Commonwealth of pennsylvania. For
purpose of contract interpretation, this Agreement shall be
construed as being prepared by both Husband and Wife.
30. AGREEMENT BINDING ON HEIRS: The terms,
provisions and conditions of this Agreement shall be binding upon
any and all of the heirs, executors, administrators, successors or
assigns of either of the respective parties hereto, except as
otherwise herein provided.
31. ENTIRE AGREEMENT: This Agreement contains the
entire understanding of the parties and there are no
representations, warrants, covenants or undertakings other than
16
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those expressly set forth herein.
32. 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.
BY SIGNING THIS AGREEMENT, EACH PARTY ACKNOWLEDGES
HAVING READ AND UNDERSTOOD THE ENTIRE AGREEMENT, AND EACH
PARTY ACKNOWLEDGES THAT PROVISIONS OF THIS AGREEMENT SHALL
BE AS BINDING UPON THE PARTIES AS IF THEY WERE ORDERED BY
THE COURT AFTER A FULL HEARING.
IN WITNESS WHEREOF, the parties have hereunto set their
hands and seals the day and year first above written.
Wi/!~C%
ActJC 8~
_y/~ t ~
- Susan E. Herlt
17
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'1,-,
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.
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF IfL
~d Personally appeared before me, a Notary public, this
;) ..- day of () (Jv~, 2003, Larry B. Herlt, known to me or
satisfactorily proven to be the person whose name is subscribed to
the within instrument and acknowledged that he executed the same
for the purposes therein contained.
SS.
IN WITNESS WHEREOF,
notarial seal.
I have hereun
d!1
Not Public
My Commission Expires:
(SEAL) ._
NoIarial Seal
S. D!'Wn Gladfelter. Notary Public
Dillsburg Boro. York COunty
My Commission Expires May 17. 2005
Memoer, PennsylVaniaAssociaaonotNotarisa
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF Com!J('r!Q/1d
55
f~ personally appeared before me, a Notary public, this
IS day ofO(~iober, 2003, Susan E. Herlt, known to me or
satisfactorily proven to be the person whose name is subscribed to
the within instrument and acknowledged that she executed the same
for the purposes therein contained.
IN WITNESS WHEREOF, I have hereunto set my hand and
notarial seal.
Notary Public
My Commission Expire
(SEAL)
NOJ'MIAL SEAl.
r u. KNISElY, NQQry PldlIIc
u..c:~t;.~Co.
-, .. I ~I N1w. 111. 2lI08
18