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IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY
.
.
STATE OF
PENNA.
.
LAWRENCE M. FAILOR, JR. ,
No. 01-807 CIVIL TERM
DECREE IN
DIVORCE
AND NOW,~JL -)S1
.
VERSUS
PENNY S. FAIWR,
DECREED THAT
.
AND
permy S. Failor
.
Plaintiff
Defendant
it 3:((.' f~
, 2001
, IT IS ORDERED AND
I@.wr@..nc~ M Frl;lor, .Tr
, 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;
The parties I Separation and Property Settlement Aqreement, dated April
30, 2001, is incorporated herein, but not merqed.
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LAWRENCE M. FAILOR, JR.
Plaintiff
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
vs.
: NO. b I-~o') CIVIL TERM
PENNY S. FAILOR,
Defendant
: IN DIVORCE
NOTICE TO DEFEND AND CLAIM RIGHTS
You have been sued in Court. If you wish to defendant 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 and a decree in divorce or annulment may be entered
against you by the Court. A judgment may also be entered against you for any other claim
or relief requested in these papers by the Plaintiff. You may lose money or property or
other rights important to you, including custody or visitation of your 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 Cumberland County Courthouse, 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 TInS 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
Two Liberty Avenue
Carlisle, Pennsylvania 17013
(717) 249-3166
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LAWRENCE M. FAILOR, JR.
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
vs.
: NO. 01. f07 CIVIL TERM
PENNY S. FAILOR,
Defendant
: IN DIVORCE
COMPLAINT IN DIVORCE
1. Plaintiff is Lawrence M. Failor, Jr., an adult individual currently residing at 604
Copper Circle, Carlisle, Cumberland County, Pennsylvania. Plaintiffhas resided at this
address for approximately six years.
2. Defendant is Penny S. Failor, an adult individual currently residing at 1946A Fry Loop
Road, Carlisle, Cumberland County, Pennsylvania. Defendant has resided at this
address since December 29,2000.
3. Plaintiff is a bonafide resident of the Commonwealth of Pennsylvania and has been so
for at least six months immediately previous to the filing of this Complaint.
4. Plaintiff and Defendant were married on August 14, 1983, in Carlisle, Cumberland
County, Pennsylvania.
5. There have been no prior actions for divorce or annulment between the parties.
6. The Defendant is not a member of the Unites States Armed Forces or its Allies.
7. Plaintiff has been advised of the availability of counseling and the right to request that
the Court require the parties to participate in counseling. Knowing this, Plaintiff does
not desire that the Court require the parties to participate in counseling.
8. Plaintiff and Defendant are citizens of the United States of America.
9. The parties' marriage is irretrievably broken.
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10. Plaintiff desires a divorce based upon the belief that Defendant will, ninety days from
the date of service of this Complaint, consent to this divorce.
WHEREFORE, Plaintiff requests your Honorable Court to enter a decree in
divorce pursuant to Section 3301(c) of the Domestic Relations Code.
Respectfu11y submitted,
GRIFFIE & ASSOCIATES
. e, Esquire
ey for Plaintiff
200 North Hanover Street
Carlisle, PA 17013
(717) 243-5551
(800) 347-5552
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I verifY that the statements made in the foregoing document are true and correct. I
understand that false statements herein are made subject to the penalties of 18 Pa.C.S.
Section 4904, relating to unsworn falsification to authorities.
DATE: 9-8- 01
i~ -?v1~J
LAWRENCE M. FAILOR, iff
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LAWRENCE M. FAILOR, JR.,
Plaintiff
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
vs.
PENNY S. FAILOR,
Defendant,
: CIVIL ACTION - LAW
: NO. 01-807 CIVIL TERM
: IN DIVORCE
AFFIDAVIT OF CONSENT
1. A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed
on Febmary 9, 2001.
2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety (90)
days have elapsed from the date of the filing and service of the Complaint.
3. I consent to the entry of a final Decree of Divorce after service of notice of
intention to request entry of the decrees.
I VERIFY THAT THE STATEMENTS MADE IN THE FOREGOING
AFFIDAVIT ARE TRUE AND CORRECT. I UNDERSTAND THAT FALSE
STATEMENTS HEREIN ARE MADE SUBJECT TO THE PENALTIES OF Pa.C.S.
SECTION 4904 RELATING TO UNSWORN FALSIFICATION TO AUTHORITIES.
DATE: 5- a.:r-D I
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LAWRENcEM.FAILOR,lK' '
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LAWRENCEM. FAILOR, JR.,
Plaintiff
: IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLV ANlA
vs.
PENNY S. FAILOR,
Defendant,
CIVIL ACTION - LAW
: NO. 01-807 CIVIL TERM
: IN 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 in divorce without notice.
2. I understand that I may lose rights concerning alimony, division of property,
lawyer's fees or expenses if I do not claim them before a divorce is granted.
3. I understand that I will not be divorced until a divorce decree is entered by the
Court and that a copy of the decree will be sent to me immediately after it is filed with the
Prothonotary.
I verifY that the statements made in this affidavit are true and correct. I understand
that false statements herein are made subject to the penalties of 18 Pa.c.S. Section 4904
relating to unsworn falsification to authorities.
DATE: t:;.;) '3 ~CJ I
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A WRENCE M. FAILOR, Jl('
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LAWRENCE M. FAILOR, JR.,
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
vs.
PENNY S. FAILOR,
Defendant,
CIVIL ACTION - LAW
: NO. 01-807 CIVIL TERM
: IN DIVORCE
AFFIDAVIT OF CONSENT
1. A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed
on February 9,2001.
2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety (90)
days have elapsed from the date of the filing and service of the Complaint.
3. I consent to the entry of a final Decree of Divorce after service of notice of
intention to request entry of the decrees.
I VERIFY THAT THE STATEMENTS MADE IN THE FOREGOING
AFFIDAVIT ARE TRUE AND CORRECT. I UNPERSTAND THAT FALSE
STATEMENTS HEREIN ARE MADE SuBJECT TO THE PENALTIES OF Pa.C.S.
SECTION 4904 RELATING TO UNSWORN FALSIFICATION TO AUTHORITIES.
DATE: .:s/J3/0J
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LAWRENCE M. FAILOR, JR.,
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
vs.
PENNY S. FAILOR,
Defendant,
CIVll.. ACTION - LAW
: NO. 01-807 CIVIL TERM
: IN 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 f.nal decree ia divorce vv-ithoutnotice.
2. I understand 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 wiIl not be divorced until a divorce decree is entered by the
Court and that a copy of the decree wiIl be sent to me immediately after it is filed with the
Prothonotary.
I verifY that the statements made in this affidavit are true and correct. I understand
that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904
relating to unsworn falsification to authorities.
DATE: 5);:)1 )0)
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LAWRENCE M. FAILOR, JR.,
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
v.
CIVIL ACTION - LAW
PENNY S. FAILOR,
Defendant
: NO. 01-807 CIVIL TERM
: IN DIVORCE
AFFIDAVIT OF SERVICE
AND NOW, this 22nd day of February, 2001, comes Bradley L. Griffie, Esquire, Attorney
for Plaintiff, and states a true and attested copy of a Complaint in Divorce was sent to the
Defendant, Penny S. Failor, at I 946A Fry Loop Road, Carlisle, Pennsylvania, by certified mail,
restricted delivery, return receipt requested. A copy of said receipt is attached hereto indicating
that service was made on February 16, 2001.
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NotariaJ Seal
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........Ie Boto, CunibertaniI County
My CommIssion ExpIres Aug. 25, 2003
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item 4 if Restricted DeliVel)' is desired.
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so that we can return the card to you.
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or on the front if space permits.
1. Article Addressed to:
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D.lsdeliveryad ssdifferentfrom item 1?
If YES, enter delivery address below:
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IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
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Plaintiff :
';-~
File No. 0\ - &')-"1 C"i\lIL
vs.
IN DIVORCE
~~. FOi\OI
Defendant
NOTICE TO RESUME PRIOR SURNAME
Notice is hereby given that the Plaintiff/Defendant in the
above matter, having been granted a Final Decree in Divorce on the
~~ day of 0IJmO.
prior surname of ~ ill I(,DQf_1
this written notice pursJAnt
li9 ~CO \ ' hereby elects to resume the
, and gives
to the provisions of 54 P.S. S 704.
DATE: G- -'LLO\
i2nmoA's1~
Ikffj--6- %A~'
Signa re of nam eing resumed
COMMONWEALTH OF PENNSYLVANIA:
SS.
COUNTY Of CUMBERLAND
On the ~_ day of ~ ' r(~, before me, a
Notary Public, personally appeareo the above affiant known to me to
be the person whose name is subscribed to the within document and
acknowledged that he/she executed the foregoing for the purpose
therein contained.
NOTARIAL SEAL
DAWN M. SHUGHART, Notary public
Carlisle, cumberll\nd County 200R
My eornmlsslon Ex~lres Noy, 28.
official
In Witness Whereof,
seal.
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SEP ARA nON AND PROPERTY SETTLEiVIENT AGREEMENT
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THIS A GREEMENT, made this.:o day of o.pr \ L
, 2001, by and
between LAWRENCE M. FAILOR, JR., of 604 Copper Circle, Carlisle, Cumberland County,
Pennsylvania. party of the first part, hereinafter referred to as "Husband",
AND
PENNY S. FAILOR, of 1946A Fry Loop, Carlisle, Cumberland County, Pennsylvania,
party of the second part, hereinafter referred to as "Wife",
WITNESSETH:
WHEREAS, the parties hereto are husband and wife, having been married on August 14,
1983 in Carlisle, Cumberland County, Pennsylvania.
WHEREAS, diverse unhappy differences, disputes and difficulties have arisen between
the parties and it is the intention of Wife and Husband to live separate and apart, and the parties
. hereto are desirous of settling their respective financial rights and obligations as between each
other, and to finally and for all time to settle and determine their respective property and other
rights growing out of their marital relations; and wish to enter into this Separation and Property
Settlernent Agreement;
WHEREAS, both and each of the parties hereto have had the opportunity to be advised of
their legal rights and the implications of this Agreement and the legal consequences which may
and will ensue from the execution hereof;
WHEREAS, Wife acknowledges that she has had the opportunity to be thoroughly
conversant with and know accurately the size, degree, and extent of the estate and income of
Husband and Husband acknowledges that he has had the opportunity to be thoroughly
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conversant with and know accurately the size, degree, and extent of the estate and income of
Wife; and
)lOW, THEREFORE, in consideration of the premises and of the mutual promises,
covenants and undertakings hereinafter set forth which are hereby acknowledged by each of the
parties hereto, Wife and Husband, each intending to be legally bound hereby, covenants and
agree as follows:
1. Advise of Counsel: The parties acknowledge that they have had the opportunity to
review the provisions of this Agreement and further have had the opportunity to
secure legal counsel and advice relative to the legal effect of this Agreement. The
parties acknowledge that they have either received independent legal advice frorn
counsel of their own selection or that they have specifically chosen with full
knowledge and on their on volition, to not seek legal advice relative to this
Agreement. They further acknowledge that they fully understand the facts that are
the basis of this Agreement. They acknowledge and accept that this Agreernent is
being entered into freely and voluntarily after having the opportunity to receive legal
advice and with the knowledge that execution of this Agreernent is not the result of
any duress or undue influence, and further that it is not the result of any collusion or
improper or illegal agreement or agreements.
2. Warranty Qf Disclosure: The parties warrant and represent that they have made a full
disclosure of all assets and their valuation prior to the execution of this Agreement.
This disclosure was in the form of an informal exchange of information by the
parties' attorneys and this Agreement between the parties is based upon this
disclosure.
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3. Personal Ri'fhts and Sevaration: Wife and Husband may and shall, at all times
hereafter, live separate and part. They shall be free from any control, restraint,
interference or authority, direct or indirect, by the other in all respects as if they were
unmarried. They may reside at such place or places as they may select. Each may,
for his or her separate use or benefit, conduct, carry on and engage in any business,
occupation, profession or employment which to him or her may seem advisable.
Wife and Husband shall not molest, harass, disturb, nor malign each other or the
respective families of each other nor compel or attempt to compel the other to cohabit
nor dwell by any means or in any manner whatsoever with him or her.
4. Aweement not a Bar to Divorce Proceedin'fs: This Agreement shall not be
considered to affect or bar the right of Wife or Husband to a limited or absolute
divorce on lawful grounds if such grounds now exist or shall hereafter exist or to such
defense as may be available to either party. This Agreement is not intended to
condone and shall not be deemed to be a condonation on the part of either party
hereto of any act or acts on the party of the other party which may have occasioned
the disputes or unhappy differences which have occurred prior to or which may occur
subsequent to the date hereof. The parties intend to secure a mutual consent, no-fault
divorce pursuant to the terms of 9330I(c) of the Divorce Code of 1980.
5. A'freement to he Incorporated in Divorce Decree: The parties agree that the terms of
this Agreement may be incorporated into any divorce decree which may be entered
with respect to thern. Notwithstanding such incorporation, this Agreement shall not
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be merged in the decree, but sha1l survive the same and sha1l be binding and
conclusive on the parties for a1l time.
6. Date of Execution: The "date of execution" or "execution date" of this AQI'eement
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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 sha1l be defined as the date of execution by the
party last executing this Agreement.
7. Personal Prooertv: Husband and Wife do hereby acknowledge that they have
previously divided their tangible personal property including, but without limitation,
jewelry, clothes, furniture, furnishings, rugs, carpets, household equipment and
appliances, pictures, books, works of art and other personal property and hereinafter
Wife agrees that all of the property in the possession of Husband shall be the sole and
separate property of Husband; and Husband agrees that a1l of the property in the
possession of Wife sha1l be the sole and separate property of Wife. The parties do
hereby specifica1ly waive, release, renounce and forever abandon whatever claims, if
any, he or she may have with respect to the above items which sha1l become the sole
and separate property of the other, with fu1l power to him or her to dispose of the
sarne as fu1ly and effectually,. as though he or she were unmarried.
8. Marital Debt: Husband shall be solely and exclusively responsible for repayment of
any balance due on his MasterCard and Sears credit card accounts. Wife sha1l be
responsible for repayment of the parties' loan due and owing to Beneficial Finance
4
Consumer Discount Company. In addition, each party shall be responsible for any
and all additional debts they have incurred in their name alone or which presently
exist in their name alone from this time forward.
Each party shall indemnify the other and hold them harmless from and against any
and all demands for payment or collection activity of any nature whatsoever relative
to the aforesaid loans or debts which they have each assumed herein.
Both parties specifically acknowledge that the agreement on each parties' part to take
various debt is an integral part of this Agreement, such that if either party would file a
bankruptcy proceeding, thereby discharging the debts they have agreed to assume in
this Agreement, the other party shall have the right to request the Court of Common
Pleas of Cumberland County to review this Agreement, which shall be incorporated
in the parties' Decree in Divorce, to determine whether a modification of the other
portions of this Agreement, relative to the distribution of the property debts and
liabilities should be modified to reflect the bankrupt parry's releas~ from financial
obligations otherwise contained herein.
9. Bank Accounts: For the mutual promises and covenants contained in this Agreement,
Husband and Wife hereby waive all right, title, claim or interest they may have by
equitable distribution in their respective bank accounts, checking or savings, if any,
and each party waives against the other any duty of accounting for disposition of any
jointly held funds.
10. t{fier-Acquired Personal ProDertv: Each of the parties shall hereafter own and enjoy,
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independently of any claim or right of the other, all items of personal property,
tangible or intangible, hereafter acquired by him or her, with full power, in him or her
to dispose of the same as fully and effectively, in all respects and for all purposes, as
though he or she were unmarried.
It. ",rotor Vehicles: Husband conveys any and all right, title and interest he mav have in
and to a certain 1996 Ford Taurus, presently in Wife's possession. This vehicle shall
become Wife's sole and exclusive possession and she shall be responsible for any and
all encumbrances or liability of any nature on the aforesaid vehicle, including but not
limited to a loan presently believed to be due and owing to Superior Bank, which loan
is a lien on said vehicle. Husband shall execute any and all necessary documents to
waive, relinquish and transfer any and all right title and interest he has in the
aforesaid vehicle within fifteen (15) days of the request by Wife. Wife shall
refinance this loan in her name alone within sixty (60) days of signing this
Agreement.
Wife conveys any and all right title and interest she may have in and to a certain 1997
Ford F-150 Extended Cab, presently in Wife's possession. This vehicle shall become
Husband's sole and exclusive possession and he shall be responsible for any and all
encumbrances or liability of any nature on the aforesaid vehicle, including but not
limited to a loan presently believed to be due and owing to Community Bank, which
loan is the lien on said vehicle. Wife shall execute any and all necessary documents
to waive, relinquish and transfer any and all right title and interest he has in the
aforesaid vehicle within fifteen (15) days of the request by Husband. Husband shall
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refinance this loan m his name alone within sixty (60) days of signing this
Agreement.
12. ReciDrocal Waivers of Pension Interests: Husband and Wife agree to waive anv and
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all right, title, or interest in the other party's Individual Retirement Account(s),
Pension(s), Annuities or other retirement accounts.
13. Real Estate: The parties are the joint owners of real estate located at 604 Copper
Circle, Carlisle, Cumberland County, Pennsylvania, which real estate is encumbered
with a mortgage due and owing to
Wife shall
execute a general warranty, fee simple deed conveying all of her right, title, and
interest in the aforesaid real estate to Husband within fifteen (15) days of being
requested to do so. Husband shall be solely and exclusively responsible for the
repayment of the mortgage due and owing to
and
shall indemnify Wife and hold her harmless from and against any and all demands for
payment or collection activity of any nature whatsoever from the date of this
Agreement forward. In addition, the parties are obligated on a certain second
mortgage, which is due and owing to Beneficial Finance Consumer Discount
Company, for which Husband shall likewise assume responsibility for repayment.
Husband shall indemnify Wife and hold her harmless from and against any and all
demands for payment or collection activity of any nature whatsoever relative to the
aforesaid second mortgage from this date forward.
14. Warranty as to Post Sevaration and Future Oblieations: Husband and Wife each
covenant, warrant, represent and agree that each will now and at all times hereafter
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save harmless and keep the other party indemnified from all debts, charges and
liabilities incurred by the Husband or Wife, respectively.
15. Waiver of Suvvort: Husband hereby waives all right to claim against Wife support,
alimony, alimony pendente lite, counsel fees and expenses.
Wife hereby waives all right to claim against Husband support, alimony, alimony
pendente lite, counsel fees and expenses.
16. Mutual Releases: Husband and Wife each do hereby mutually rerruse, release,
quitclaim, and forever discharge the other and the estate of such other, for all times to
come and for all purposes whatsoever, of and from any and all right, title and interest,
or claims in or against the property (including income and gain from property
hereafter accruing) of the other or against the estate of such other, of whatever nature
and wheresoever situate, which he or she now has or at any time hereafter may have
against such other, the estate of such other, or any part thereof, whether arising out of
any former acts, contracts, engagements, or liabilities of such other as by way of
dower or curtesy, or claims in the nature of dower or curtesy or widow's or
widower's rights, family exemption, or similar allowance, or under the intestate laws,
or the right to take against the spouse's Will; or the right to treat a lifetime
conveyance by the other as testamentary, or all other rights of a surviving spouse to
participate in a deceased spouse's estate, whether arising under the laws of (a)
Pennsylvania, (b) any state, commonwealth or territory of the United States, or (c)
any other country, or any rights which either party may have or at any time hereafter
have for past, present, or future support or maintenance, alimony, alimony pendente
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lite, counsel fees, costs or expenses, whether arising as a result of the marital relation
or otherwise, except and only except, all rights and agreements and obligations of
whatsoever nature arising or which may arise under this Agreement or for the breach
of any thereof. It is the intention of Husband and Wife to give to each other by
execution of this Agreement a full, complete, and general release with respect to any
and all property of any kind or nature, real or personal, or mixed, which the other
now owns or may hereatter acquire, except and only except, all rights and agreements
and obligations of whatsoever nature arising or which may arise under this
Agreement or for the breach of any thereof.
17. Divorce: Husband has initiated a Complaint in Divorce pursuant to g3301(c) of the
Divorce Code, which section provides or a no-fault or consent divorce. Said
Complaint was served upon Wife on February 16,2001. Approximately ninety (90)
days from that date, the parties will execute an Affidavit of Consent and a Waiver of
:--iotice of Intention to Request the Entry of a Decree in Divorce as required by the
Divorce Code in order to allow Husband to finalize the parties' divorce as a no-fault
or consent divorce.
18. Le'{al Fees: In the review and preparation of this Agreement each party shall bear his
or her own legal fees.
19. Rel71edv for Breach: If either party breaches any provision of this Agreement, the
other party shall have the right, at his or her election, either to sue for damages for
such breach, in which event the breaching party shall be responsible for payment of
legal fees and costs incurred by the other in enforcing their rights hereunder, whether
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through formal court action or negotiations, or to seek such other remedies or relief as
may be available to him or her.
20. Equitable Discriburion: It is specifically understood and agreed that this Agreement
constitutes and equitable distribution of property, both real and personal, which was
legally and beneficially acquired by Husband and Wife or either of them during the
marriage as contemplated by The Act of April 2, 1980 (P.L. No. 63, No. 26) known
as "The Divorce Code," 23 P.S. 101 et seq. of the Commonwealth of Pennsylvania,
and as amended.
2t. Summary of Effect of Aereement: It is specifically understood and agreed by and
between the parties hereto , and each party accepts the provisions herein made in lieu
of and in full settlement and satisfaction of any and all of the said parties' rights
against the other for any past, present and future clams on account of support,
maintenance, alimony, alimony pendente lite, counsel fees, costs and expenses,
equitable distribution of marital property and any other claims of each party,
including all claims raised by them in the divorce action pending between the parties.
22. Ta.x Consequences: By this Agreement, the parties have intended to effectuate and by
this Agreement have equally divided their marital property. The parties have
determined that such equal division conforms to a right and just standard with regard
to the rights of each party. The division of existing marital property is no. except as
may be otherwise expressly provided herein, intended by the parties to institute or
constitute in any way a sale or exchange of assets and the division is being effected
10
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without the introduction of outside funds or other property not constituting a party of
the marital estate.
23. ",rutual Cooveration/Dutv to E(feclUace A <;reemenc: Each parry 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 andor documems that the
other party may reasonably require for the purpose of giving full force and effect to
the provisions of this Agreement.
24. Reconciliacion: The parties shall only effectuate a legal reconciliation which
supersedes this Agreement by their signed agreement containing a specific statement
that they have reconciled and that this Agreement shall be null and void; otherwise,
this Agreement shall remain in full force and effect. Further, the parties may attempt
a reconciliation, which action, if not consummated by the aforesaid agreement, shall
not affect in any way the legal affect of this agreement or cause any new marital
rights or obligations to accrue.
25. 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 provision shall be stricken from this Agreement and in all other
respects this Agreement shall be valid and cominue in full force, effect, and
operation. Likewise, the failure of any party to meet her or his obligations under any
one or more of the paragraphs herein, with exception of the satisfaction of the
conditions precedent, shall in no way void or alter the remaining obligations of the
parties.
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26. No Waiver Q,f 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 breach of any provision hereof be construed as a
waiver of any subsequent default of the same or similar nature, nor shall it be
construed as a waiver of strict performance of any other obligations herein.
27. Inte'{ration: 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. This
Agreement shall survive integration by any court into any judgment for divorce and
shall continue to have independent legal significance as a written contract separate
from such judgment for divorce and may be enforced as an independent contract.
28. Effect of Divorce Decree: The parties agree that unless otherwise specifically
provided herein, this Agreement shall continue in full force and effect after such time
as a final Decree in Divorce may be entered with respect to the panies.
29. Any and all notices given hereunder shall be in writing and shall be sent registered
mail, return receipt requested:
To Husband at: 604 Copper Circle. Carlisle. PA 17013
To Wife at: 1946A Frv Loop Road Carlisle P A 17013
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30. Waiver or Modification to be in Writinf: :':0 modification or waiver of any of the
tenns 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.
31. Caorions: The captions of this Agreement are inserted only as a matter of
convenience and for reference and in no way defied, limit or describe the scope and
intent of this Agreement, nor in any way effect this Agreement.
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A'{reement Bindin'{ on Heirs: This Agreement shall be binding and shall inure to the
benefit of the parties hereto and their respective heirs, executor, administrators,
successors and assigns.
33. Governinf Law: This Agreements shall be construed in accordance with the laws of
the Commonwealth of Pennsylvania.
IN WITNESS WHEREOF, the parties have set forth their hands and seals to t\vo
counterparts ofthis Agreement, each of which shall constitute an original, the day and year first
above written.
WIT:':ESSES:
y /:u, fc, i
'Date
1~I'At'i~" JYl+~~
LA WRENCE M. FAILOR,1R.
9<<J;/~d-,KrJj~
,-1/30/01
,
Date
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PENNY . AILOR
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COMMONWEAL TH OF PENNSYLVANIA
COUNTY OF ((i\. VV\ \]U\cl Vlt?A
On this LO-btay of ~(I \
, 2001, before me, the undersigned
ofticer. personally appeared LAWRENCE ,'rl. FAILOR, JR., known to me (or satisfactory
proven) to be the person whose name is subscribed to the within Agreement and acknowled"ed
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that he executed the same for the purpose therein contained.
I)j WITNESS WHEREOF, I hereunto set my hand and official seal.
,,"A~_ Notarial Seal
,,~'... J. Lehman Nota
M """,Isle Bore, Cumber! ry Public
Y Commission Exp/ras Augand County
. 25, 2003
COMMONWEAL TH OF PEt'J'NSYL V AL"iIA
COUNTY OF c..lrM 5~L. t'rl'JO
On this ac1Ji.day of 9\~ P-,\'L
, 200 I, before me, the undersigned
officer. personally appeared PENNY S. FAILOR, known to me (or satisfactory proven) to be the
person whose name is subscribed to the within Agreement and acknowledged that she executed
the same for the purpose therein contained.
IN WITNESS WHEREOF, I hereunto set my hand and official seal.
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Notary Public
NOTARIAL SEAL
JUDITH ANN VALENTINE, Notary Public
Carlisle, Cumberland County
14 My Commlsston Expires Nov. 12, 2002
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LAWRENCE M. FAILOR, JR.,
Plaintiff
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
VS.
PENNY S. FAILOR,
CIVIL DIVISION
Defendant
NO.
01-807
CIVIL TERM
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 93301 (c)
~ of the Divorce Code.
(Strike out inapplicable section).
2. Date and manner of service of the complaint: February 16, 2001 by certfied mail,
restricted riAl i VAry
3. Complete either paragraph (a) or (b).
(a) Date of execution of the affidavit of consent required by 93301 (c) of the Divorce Code:
by plaintiff May 23, 2001 ; by defendant May 23, 2001
(b) (1) Date of execution of the affidavit required by 93301 (d)
of the Divorce Code:
(2) Date of filing and service of the plaintiff's affidavit upon the respondent:
4.
Related claims pending:
None
5. Complete either (a) or (b).
(a) Date and manner of service of the notice of intention to file praecipe to transmit record, a
copy of which is attached:
(b) Date of plaintiff's Waiver of Notice in 93301 (c) Divorce was filed with
the Prothonotary: May 30, 2001
Date defendant's Waiver of Notice in 93301 (c) Divorce was filed with
the Prothonotary: June 20. 2001
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