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HomeMy WebLinkAbout01-5924CAROL S. PROUDFOOT, Plaintiff: VS.: GREG L. PROUDFOOT, Defendant: : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : ; : CML ACTION- LAW : IN DIVORCE You have been sued in court. If you wi.~h to d~fend ag~in.~t the e]Airn~ set forth in the following pages, you mu~t take prompt action. You are warned that ff you fail to do so, the case may proceed without you, and a decree of divorce or ann-lment may be entered ag~in.~t 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 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 co~m.se]ing. A list of marriage co-n.~elors is available in the Office of the Prothonotary at the Cumberland County Courthouse, Carlisle, PennAylvAniA. IF YOU DO NOT FILE A CLAIM FOR ^I,IMONY, DMSION 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 T~JC~. THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TRI,P, PHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET T,P,,GAL HRLp. CUIVIBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CARI,LqLE, PA 17013 (717) 249-3166 CAROL S. PROUDFOOT, Plaintiff VS. GREG L. PROUDFOOT, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA . : CIVIL ACTION - LAW : IN DIVORCE COMPLAINT IN DIVORCE UNDER SECTIONS 3301(c) or 3301(d) The Plaintiff, Carol S. Proudfoot by and through her attorneys, The Law Offices of Patrick F. Lauer, Jr., makes the following Complaint in Divorce: 1. The Plaintiff, Carol S. Proudfoot is an adult individual who resided at Cicada Drive, Mechanicsburg Cumberland County, Pennsylvania 17055 but whose current, temporary address in Cumberland County is requested to remain undisclosed. 2. The Defendant, Greg L. Proudfoot, is an adult individual who currently resides at 12 Cicada Drive, Mechanicsburg, Cumberland County, Pennsylvania 3. The Parties have been bona fide residents of the Commonwealth of Pennsylvania for at least six months immediately prior to the filing of this Complaint. 4. The Plaintiff and the Defendant were married on May 3, 1980 in Cumberland County, Pennsylvania. 5. There have been no prior actions of divorce or for annulment between the parties. 6. The marriage is irretrievably broken. 7. The Plaintiff has been advised that counseling is available and that the Plaintiff may have the right to request that the court require the parties to participate in counseling. 8. This action is not collusive. WHEREFORE, the Plaintiff requests this Honorable Court to enter a Decree of Divorce in this matter. 9. The paragraphs one (1) through (8) of this Complaint are incorporated herein by reference. The parties have acquired property and incurred debt during the 10. marriage. 11. Plaintiff requests the Court to equitably divide, distribute or assign the marital property between the parties without regard to marital misconduct in such proportion as the Court deems just after consideration of all relevant factors. WHEREFORE, the Plaintiff respectfully requests the Court to enter an order of equitable distribution of marital property pursuant to §3502(a) of the Divorce Code. C.(HT~TT IT - AT,TM(~,YV' AMD AT,IMONI'¥ 12. The paragraphs one (1) through (11) of this Complaint are incorporated herein by reference. 13. The Plaintiff is the dependent spouse and Plaintifflacks sufficient property to provide for her reasonable means and is unable to support herself completely through appropriate employment. 14. Plaintiff requires reasonable support to adequately maintain herself in accordance with the standard of living established during the marriage. WHEREFORE, the Plaintiff requests your Honorable Court to enter an aware of reasonable alimony upon final hearing and permanently thereafter. C.(~TTNT'P TIT . A'I~'I~CII~'/xT~¥~.q lq'~.q ANTI~ ~O~qT~q 15. The paragraphs one (1) through (14) of this Complaint are incorporated herein by reference. 16. Plaintiff has entered into a fee agreement with her attorney. 17. Plaintiff may be in need of hiring an accountant, a real estate appraiser and other experts, and does not have the funds necessary to pay the necessary and reasonable fees. WHEREFORE, the Plaintiff requests this Honorable Court to enter an award for counsel fees, costs, and expenses as are deemed necessary and appropriate. Date: R~ ;ubmitted, Matthew J. shelman, Esquire 2108 Marke; Street, Aztec Building Camp Hill, Pennsylvania 17011-4706 ID# 72655 Tel. (717) 763-1800 CAROL S. PROUDFOOT, Plaintiff VS. GREG L. PROUDFOOT, Defendant : IN THE COURT OF COMMON PLI~.AS OF : CUMBERLAND COUNTY, PENNSYLVANIA : : No. : : CIVIL ACTION - LAW : IN DIVORCE I verify that the statements made in this CompJ~int are true and correct. I understand that fs!~ statements herein are made subject to the penalties of 18 Pa.C.S. § 4904, relating to unswom fsl~6catien to authorities. Date: Carol S. Proudfcot - ~ CAROL S. PROUDFOOT, Plain6~ VS. GREG L. PROUDFOOT, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA No. CIVIL ACTION - LAW IN DIVORCE YOU HAVE BEEN SI/ED IN COURT. If you wish to defend agsinst the clslms set forth in the following pages, you must take action within twenty (20) days after this Complaint and Notice are served, by entering a written appearance personally or by attorney and fili,,g in writing with the Court your defenses or objections to the c]~ims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered agginst you by the Court without further notice for any money clgimed in the Complaint or for any other cl9im or relief requested by the P19intiff. You may lose money or property or other rights important to you. 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 T .~,G.4L HELP COURT ADMINISTRATOR CUMBERLAND COUNTY COURT HOUSE CARLISLE, PA 1701~ (717) 240-6200 CAROL S. PROUDFOOT Plaint~ VS. JOHN A. PRICE, Defendant : IN THE COURT OF COMMON PLF. AS OF : CUMBERLAND COUNTY, PENNSYLVANIA : : No. : : CIVIL ACTION - LAW : IN DIVORCE PETITION FOR RIGHT TO RESIDE IN MARITAL RESIDENCE PIIILqTIAIq~P q'CI 9~.2 P, ~ .q i _~ .2.~9(c) The Plaintiff, Carol S. Proudfoot, through her attorneys, The Law Offices of Patrick F. Lauer, Jr., respectfully avers the following in support of her petition for the exclusive right to reside in the marital residence: 1. The Pl-lntLff, Carol S. Proudfoot, is an adult individual who resided at 12 Cicada Drive, Mechanicsburg, Cumberland County, Pennsylwnla, 17055. 2. The Defendant, Greg L. Proudfoot, is an adult individual who resides at 12 Cicada Drive, Mechsni~burg, Cumberland County, Pennsylv,nla 17055. 3. A Complaint in Divorce was filed with the Cumberland County Prothonotary's Office simultaneously with thi.~ Petition. 4. As of the date of the filing of this Petition, the Court has not yet ruled upon the divorce of the parties. 5. Pursuant to 23 Pa. R.C.P. § 3502(c), Plaintiffrequests that she be granted exclusive possession of the marital residence for the fonowing reasons: a. The parties can no longer amicably reside in the ssme residence. b. This arrangement would be in the best interest of the parties. c. The Defendant can more easily establish residence elsewhere than the PlAintiff. d. The Plain~ffwould receive greater benefit in rewAinlng in the maritel residence than the Defendant. e. The parties' minor child currently resides with the Petitioner, who is better positioned to serve as the child's caretaker. f. It is in the best interest of the minor child to be able to return to the marital residence. WHEREFORE, the PlAintiff, Carol S. Proudfoot, respectfully requests that this Honorable Court grant her the exclusive r~ght to reside in the marital residence, with the furniture and household items therein, until such ~me as thi.~ Court may make a t~nal Order of Divorce and Equitable Distribution. Date: Ma ~itthew~- ~'~J. Eshehnan, Esquire Law Offices of Patrick F. Lauer, Jr. 2108 Market Street, Aztec Building CAmp ]-lill~ PennsylvAnia 17011-4706 ID~ 72655 Tel. (717) 763-1800 CAROL S. PROUDFOOT, Plaintiff VS. GREG L. PROUDFOOT Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : : No. : CIVIL ACTION - LAW : IN DIVORCE I, Carol S. Proudfoot, state that I am the Plsintiffin the above-captioned case and that the facts set forth in the above PETITION FOR RIGHT TO RESIDE IN MARITAL RESIDENCE PURSUANT TO 23 Pa. C.S.A~ § 3502(c) are true and ~ to the best of my knowledge, information, and belief. I resli~e that false statements herein are subject to the penalties for unsworn falsification to authorities under 18 Pa. C.S. § 4940. am] S. Pro~d~oot CAROL S. PROUDFOOT, Plaintiff VS. GREG L. PROUDFOOT, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : : No. : : CML ACTION - LAW : IN DIVORCE I hereby certify that I am this day serving a copy of the foregoing PETITION FOR RIGHT TO RESIDE IN MARITAL RESIDENCE PURSUANT TO 23 Pa. C.S.A. § 3502(c) upon the person, and in the manner, indicated below, which service satisfies the requirements of the Pennsylva,~ia Rules of CML Procedure, by depositing a copy of the same with the United States Post Office at Camp Hill, Pennsylvania, through first class mail, prepaid and addressed as follows: Greg L. Proudfoot, Defendant 12 Cicada Drive Mechanicsburg, PA 17055 Date: Respe ~ Matth~, submitted, Eshelman, Esquire Law Offi, , of Patrick F. Lauer, Jr. 2108 Market Street, Aztec Building Camp Hill, Pennsylvania 17011-4706 ID~ 72655 Tel. (717) 763-1800 CAROL S. PROUDFOOT, PLAINTIFF : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA GREG L. PROUDFOOT, DEFENDANT : 01-5924 CIVIL TERM AND NOW, this .day of October, 2001, a hearing on the within petition for right to reside in marital residence, is scheduled for Wednesday, November 7, 2001, at 1:30 p.m., in Courtroom Number 2. ~/~y ~h~e Co~ Matthew J. Eshelman, Esquire For Plaintiff Greg L. Proudfoot 12 Cicada Drive Mechanicsburg, PA 17055 Edgar B. Baying/, J. :saa CAROL S. V. GREG L. PROUDFOOT, : Plaintiff : PROUDFOOT, : Defendant : IN THE COURT OF COM~{ON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 01-5924 CIVIL TERM ORDER OF COURT AND NOW, this 7th day of November, 2001, this matter having come before the court today on the petition of Carol S. Proudfoot to exclude Greg L. Proudfoot from the marital residence at 12 Cicada Drive, Mechanicsburg, Cumberland County, Pennsylvania, and upon agreement of the parties, IT IS ORDERED that Greg L. Proudfoot is excluded from the marital residence. Matthew J. Eshelman, For Plaintiff Elizabeth B. Stone, For Defendant Sheriff prs Esquire Esquire Edgar B.~ ~ayley, CAROL S. PROUDFOOT Plaintiff, VS. GREG L. PROUDFOOT, Defendant, 1N THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA No. 01-5924 CIVILTERM CIVIL ACTION - AT LAW IN DIVORCE PLAINTIFF'S AFFIDAVIT OF CONSENT UNDER SECTION 3301(e) OF TIlE DIVORCE CODE 1. A complaint in divorce under Section 3301(c) of the Divorce Code was filed on October 12, 2001. 2. Thc marriage of the Plaintiff and the Defendant is irretrievably broken and ninety 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. 4. 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: CAROL $ .PROUI~OOT CAROL S. PROUDFOOT Plaintiff, VS. GKEG L. PROUDFOOT, Defendant, : IN THE COURT OF COMMON PLEAS OF : CUMBEKLAND COLrNTY, PENNSYLVANIA : : No. 01-5924 CIVILTERM : : CML ACTION - AT LAW : IN DIVORCE PLAINrlFF'S WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER SECTION 3301(c) OF T][tE 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 at~er it is filed with the prothonotary. 4. 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. CAROL S. PROUDFO~T Date: CAROL S. PROUDFOOT, Plaintiff vs. GREG L. PROD-DFOOT, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COU1TTY, PENNSYLVANIA : No. 01-5924 : : CIVIL ACTION - LAW : IN DIVORCE SEPARATION AND PROPERTY SETTLEMENT A~RE__~MENT THIS AGREEMENT, made this ~ day of NDU~ 2003, by and betweDn CAROL S. PROUDFOOT of Mechanicsburg, Cumberland County, Pennsylvania, hereinafter referred to as Wife; and GREG L. PROUDFOOT of Mechanicsburg, Cumberland County, Pennsylvania, hereinafter referred to as Husband, WITNESSETH THAT: WHEREAS, Husband and Wife were married on May 3, 1980 in Cumberland County, Pennsylvania; and WHEREAS, Wife is a bona fide resident of the Commonwealth of Pennsylvania and has been so for at least the past six months; and WHEREAS, certain differences have arisen between the parties hereto and, as a consequence, they have ceased living as Husband and Wife since September of 2001; and WHEREAS, Husband and Wife desire to settle and determine certain of their marital rights and obligations, make an equitable distribution of their marital property, and determine their rights to alimony, support, and all other matters which may be considered under the Divorce Code; and WHEREAS, it is the intention and purpose of this Agreement to set forth the respective rights and duties of the parties while they continue to live apart from each other and to settle financial and property rights between them; and all WHEREAS, the parties hereto have mutually entered into an agreement for the division of their jointly owned assets, the provisions for the liabilities they owe, and provisions for the resolution of their mutual differences, after both have had full and ample opportunity to consult with attorneys of their respective choice, and the parties now wish to have that agreement reduced to writing; and WHEREAS, in contemporaneously Markley, Esquire, Stone, Esquire; and WHEREAS, there preparing this Agreement and negotiations therewith, Wife was represented by Marlin L. and Husband was represented by Elizabeth B. are no dependant children to the marriage; and, NOW in consideration of the mutual promises and for other good and valuable THEREFORE, the parties, set forth hereinafter, consideration, intending to be legally bound and to legally bind their heirs, successors, assigns, and personal representatives, do hereby covenant, promise, and agree as follows: ARTICLE I - SEP~.RATION 1.1 ~. It shall be lawful for Husband and Wife at all times hereafter to live separate and apart from each other and 2 to reside from time to time at such place or places respectively deem fit, free from any control, interference, direct or indirect, by each other. as they shall restraint, or Neither party shall molest the other or compel or endeavor to compel the other to cohabit or dwell with him or her by any legal or other proceedings. The foregoing provisions shall not be taken to be an admission on the part of either party of the lawfulness of the causes leading to them living separate and apart. 1.2 Effect of Reconciliation. This Agreement shall not be deemed to have been waived or otherwise affected by a reconciliation, cohabitation, or resumption of marital relations between the parties. The parties shall not be deemed to have reconciled with the intention of vitiating or terminating this Agreement unless they make such actions through a written instrument, executed, and acknowledged in the same manner as this Agreement. ARTICLE II - DIVQ~C~ 2.1 Div rce A ion. This Agreement is not predicated on divorce. Notwithstanding the foregoing, it is, in fact, agreed and acknowledged between the parties that Wife has filed a divorce action against Husband, and that both parties agree, as a condition to this agreement, to execute the necessary divorce consents, required by Section 3301(c) of the Divorce Code, including the Waiver of Notice of Intent to Transmit Divorce Decree, so as to promptly finalize said action. It is warranted, covenanted, and represented by Husband and Wife, each to the other, that this Agreement is lawful and enforceable and this warranty, covenant, and representation is made for the specific purpose of inducing Husband and Wife to execute the Agreement. Husband and Wife each knowingly and understandingly hereby waive any and all~ possible claims that this Agreement is, for any reason, illegal, or unenforceable in whole or in part. Husband and Wife do each hereby warrant, covenant and agree that, in any possible event, he and she are and shall forever be estopped from asserting any illegality or unenforceability as to all or any part of this Agreement. 2.2 Final ResolutiQn. It is further specifically understood and agreed that the provisions of this Agreement relating to the equitable distribution of property of the parties are accepted by each party as a final settlement for all purposes whatsoever. Should either of the parties obtain a decree, judgment or order of separation or divorce in any other state, country, or jurisdiction, each of the parties to this Agreement hereby consents and agrees that this Agreement and all its covenants shall not be affected in any way by any such separation and 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 should remarry, it being understood by and between the parties that this Agreement shall survive and shall not be merged into any decree, judgment or order of divorce or separation. 2.3 IncorPoration of A~re~m-~t intQ Decree. It specifically agreed that a copy of this Agreement shall incorporated by reference into any divorce, judgment or decree or whenever, sought by either of incorporation, however, shall not being the intent of the parties survive any such judgment or decree. is be if the parties hereto. Such be regarded as a merger, it to permit this Agreement to ARTICLE III - EOUITABLE DISTRIBUTION OF MARITAL PROPERTY 3.1 Criteria of Distribution. The parties have attempted to divide their marital property in a manner which conforms to the criteria set forth in Section 3502 of the Pennsylvania Domestic Relations Code, and taking into account the following considerations: the length of the marriage; the prior marriages of the parties; the age, health, station, amount and sources of income, vocational skills, employability; estate, liabilities, and needs for each of the parties; the contribution of one party to the education, training or increased earning power to the other party; the opportunity of each party for future acquisition 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 marital property, including the contribution of a party as a homemaker; the value of the property set apart to each party; the standard of living of the parties established during their marriage; and the economic circumstances of each party, including federal, stat.e and local tax ramifications, at the time of the division of the property is to become effective. 3.2 Satisfaction of Rights of E~uitable Distribution. division of existing marital property is not intended by The the parties to constitute in any way a sale or exchange of assets. The division of property under this Agreement shall be in full satisfaction of all rights of equitable distribution of parties. 3.3 Relino~ishment of Claims. Husband agrees to relinquish all claims to any assets that may be acquired by Wife prior to the finalized divorce decree, and Wife agrees to relinquish all claims to any assets that may be acquired by Husband prior to the finalized divorce decree, except as may be otherwise set forth herein. 3.4 ~. The parties have agreed between themselves to a division of all household furnishings and personal property which would be considered "marital property" under the Pennsylvania Divorce Code, including any pensions or retirement 6 savings accounts or plans. 3.5 Property to Husb~-~. claims to any assets that finalized divorce decree. 3.6 Pr er t Wif . to any assets that may be finalized divorce decree. Husband agrees to relinquish all may be acquired by Wife prior to the Wife agrees to relinquish all claims acquired by Husband prior to the 3.7 Proceeds held in escrow from sale of m~ital residence. Both parties acknowledge there is $20,389.14, which represents proceeds from the sale of their marital residence, held in an escrow account. The marital debt of $3,845.10 owed to Household Credit Services shall be paid from the escrow account. The remaining balance of $16,544.04 shall be divided evenly between husband and wife, leaving them each with $8,272.02. Wife shall have deducted from her half and husband shall have added to his one half $605.53 representing husbands overpayment to domestic relations and $133.00 representing his one half share of the Nationwide Insurance refund check. Wife's portion of the remaining proceeds is $7,533.49. Husband's portion of the remaining proceeds is $9,010.55. 3.8 R ir_~. Each party specifically waives any claim they may have against the retirement of the other. Each party acknowledges that the other spouse has a retirement plan or account to which the parties may have contributed martial property 7 over the course of acknowledges, without retirement assets may of the entire martial the marriage. Each of the parties the necessity of an expert valuation, that prove to comprise a substantial percentage estate. Nonetheless, each party desires to waive and specifically releases any claim they may have as to the retirement assets currently in the possession of the other spouse. Each party further agrees to execute immediately upon demand any documents as may be required by the retirement plan administrator of the other' spouse so as to confirm they have waived any claim right or interest thereto. ARTICLE IV - ALIMONY AND SUPPORT 4.1 Alimony. Pursuant to this Agreement of the parties, each party waives any right they may have to seek alimony, alimony pendente lite, support, maintenance, or the like. ARTICLE V - MIECELLA~-EOU$ PROVISION~ 5.1 Attorneys Fees upon Breach. Each of the parties agrees that should either of them be in breach of contract and fail to comply with the terms of the Agreement herein the breaching party shall be responsible for all court costs and attorney fees reasonably necessary to enforce the Agreement. 5.2 Advice of Counsel. The parties acknowledge that they have been given full and fair opportunity to consult legal counsel regarding the legal effect of this agreement. They acknowledge and accept that this Agreement is, in the circumstances, fair and 8 equitable, that it is being entered into freely and voluntarily, after having received such advice and with such knowledge that execution of this Agreement is not the result of any duress or undue influence and that is not the result of any collusion or improper or illegal agreement or agreements. 5.3 o~ e~. Husband and Wife agree to be responsible for their respective attorney fees. For purposes of contract interpretation and for the purpose of resolving any ambiguity herein, Husband and Wife agree that this Agreement was prepared jointly by their respective attorneys. Hershey Foods Corp. v. General Electric Service Co., 619 A.2d 285 (Pa. Super. 1992). 5.4 Mut al R lea . Husband and Wife each do hereby mutually remise, 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, 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, curtesy, or claims in the nature of dower, curtesy, widow,s or widower's rights, family exemption, or similar allowance, or under the intestate spouse's will, or the other as testamentary, to participate in a under the laws of (a) or territory of the laws, or the right to take against the right to treat a lifetime conveyance by the or any other rights of a surviving spouse deceased spouse's estate, whether arising Pennsylvania, (b) any state, commonwealth, United States, or (c) any country. The parties further release any claim to all rights which either party may have or .at any time hereafter have for past, present, or future support or maintenance, alimony, alimony pendente lite, counsel fees, 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 each other by execution of this Agreement a full~, complete and general release with respect to any and all property of any kind of nature, real or personal, not mixed, which the other now owns or may hereafter acquire, except and only except, all rights and agreements and obligations of whatsoever nature arising or which may arise under this Agreement or for the breach of any thereof. Both parties acknowledge that they have been advised that each may have the right to assert a claim for spousal support, alimony, alimony pendente lite, attorneys fees, costs and/or expenses. Except as otherwise provided herein, each party hereby waives any 10 right to such economic claims the provisions of this Agreement relating to these claims final settlement for all purposes, as contemplated by Pennsylvania Divorce Code. 5.5 ~. Each party represents that they have not heretofore incurred or contracted for any debt or liability or obligations for which the estate of the other party may be responsible or liable, except as may be provided for in this Agreement. Each party agrees to indemnify or hold the other party harmless from and against any and all such debts, liabilities or obligations of each of them, including those for necessities, except for the obligations arising out of this Agreement. Husband and Wife each warrant, covenants, represent and agree that each will, now at all times hereafter, save harmless and keep the other indemnified from all debts, charges, and liabilities incurred by the other after the execution date of this Agreement, except as is otherwise specifically provided for by the terms of this Agreement and that neither of them hereafter incur any liability whatsoever for which the estate of the other may be liable. 5.6 ~. No waiver or modification of any of the terms of this Agreement shall be valid unless in writing and signed by both parties, and no .waiver of any enforcement claims for breach or default shall be deemed a waiver of any subsequent default of the same or similar nature. ancillary to the divorce and accepts as a the 11 5.7 Document Executign. The parties agree that they will promptly execute any and all written instruments, assignments, releases, satisfactions' deeds, notes, or such other writings as may be necessary or desirable for the proper implementation of this Agreement, and as their respective counsel shall mutually agree should be so executed in order to carry out fully and effectively the terms of this Agreement. 5.8 ~overnina Law. This Agreement shall be construed in accordance with the laws of the Commonwealth of Pennsylvania which are in effect as of the execution date of this Agreement. 5.9 Bindinq. This Agreement shall be binding and shall inure to the benefit of the parties hereto and their respective heirs, executors, administrators, successors, and assigns. 5.10 Entire Aareem~nt. 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. 5.11 ~. If any term, condition, clause, section, or provision of this Agreement shall be determined or declared to be void or invalid in law or otherwise, then only that term, condition, clause, or provision shall be stricken from this Agreement, and in all other respects, this Agreement shall be valid and continue in full force, effect and operation. Likewise, 12 the failure of any party to meet his or her obligation under any one or more of the articles and sections shall in no way void or alter the remaining obligations of the parties. The parties expressly represent that the headings of each paragraph are solely for purposes of convenience and are not to be construed as controlling. 5.12 E~uitable Division. It is specifically understood and agreed that this Agreement constitutes an 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 Divorce Code of the Commonwealth of Pennsylvania. 5.13 Disclosure. The parties warrant and represent that they have made a full disclosure of all assets prior to the execution of this Agreement and that this agreement was entered into in reliance upon that disclosure. 5.14 Enforceability and Considerat]n~. This Agreement shall survive any action for divorce and decree of divorce and shall forever be binding and conclusive on the parties, and any independent action may be brought, either at law or in equity, to enforce the terms of the Agreement by either Husband or Wife until it shall have been fully satisfied and performed. The consideration for this contract and agreement is the mutual benefits to be obtained by both of the parties hereto and the 13 COVenants and agreements of each of the parties to the other. The adequacy of the consideration for all agreements herein contained and stipulated, confessed and admitted by the parties, and the parties intend to be legally bound hereby. In the event either party breached the aforesaid Agreement and it is determined through appropriate legal action that the alleged party has so breached the Agreement, the breaching party shall be responsible for any and.all attorney,s fees as well as costs and expenses associated with litigation incurred by the non-breaching party to enforce this Agreement against the breaching party. IN WITNESS W~EREOF, the parties hereto have set their hands and seals the day and year written. 14 CAROL S. PROUDFOOT Plaintiff, VS. GREG L. PROUDFOOT, Defendant, : IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA No. 01-5924 CML TERM CIVIL ACTION - AT LAW IN DIVORCE DEFENDANT'S AFIqDAVIT OF CONSENT UNDER SECTION 3301(e) OF THE DIVORCE CODE 1. A complaint in divorce under Section 3301(c) of the Divorce Code was tiled on October 12, 2001. 2. The marriage of the Plaintiff and the Defendant is irretrievably broken and ninety days have elapsed from the date of thc filing and service of the Complaint. 3. I consent to the entry of a final decree of divorce aRer service of notice of intention to request entry of the decree. 4. 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 unsworn falsification to authorities. Date: ~1~6 ]}. PROLrDFbO~r~-~'' CAROL S. PROUDFOOT Plaintiff VS. GREG L. PROUDFOOT Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : : NO. 01-5924 CIVIL TERM : : CIVIL ACTION - LAW : IN DIVORCE AFFIDAVIT OF SERVICE TO THE PROTHONOTARY: Date: I, Marlin L. Markley, Esquire, verify that the Complaint in Divorce has been served upon the Defendant indicated above by first class, Certified Mail No.1670-0005-2769-3753 postage prepaid, return receipt requested, pursuant Co the requirements of Pa. R.C.P. 1930.4 ....... ~m'~41~e Itlml 3, 4a, end 4b. '~ ~ .~ Conm~ po~maeter for fee. .lj- ~ ~..'~" -~ /.~ . · ~ "~ ~ 14O. Sen4ceType - --.] ~ 6.$1gnat~,:(Addr~seeRr4q~n0 ~, I ro ,~ox -- PSPo~8~m~rl~ ~ - ~r m~5~-s7-~7s Dome8ticffietumHeceipt Respectf~ly submitLed, ~arl~ Markley, Esqu~e Law ~ffices of Patrick F. Lauer, Jr. 2108 Market Street, Aztec Camp Hill, Pennsylvania 17011-4706 ID~ 84745 Tel. (717) 763-1800 CAROL S. PROUDFOOT Plaintiff VS. GREG L. PROUDFOOT Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 01-5924 CIVIL TERM CIVIL ACTION - LAW IN DIVORCE PRAF, CIPF, TO TRANSMIT RF, C. ORrl To the Prothonotary: Transmit the record, together with the following information, to the Court for entry of a divorce decree: 1. Grounds for Divorce: Irretrievable breakdown under § 3301(c) § 3301(d)(1) of the Divorce Code. (Strike out inapplicable section) 2. Date and Manner of service of the Complaint: Service by first class mail: certified and restricted # 1670 0005 2769 3753: Acceptance of Service document signed by Defendant on October 22, 2001, enclosed herein. 3. (Complete either paragraph (a) or (3).) (a) Date of execution of the affidavit of consent required by § 3301(c) of the Divorce Code: by the Plaintiff Oetnher 9: 200q ; by the Defendant Oetnher 9g: 2003 (b) Date of execution of the affidavit required by § 3301(d) of the Divorce Code: n/a ; Date of filing of the Plaintiffs affidavit upon the respondent: ; Date of service of the Plaintiffs affidavit upon the respondent: 4. Related claims pending: Please inenrpnrate, withnnt meting, the attached Separafinn an(1 Pmnertv ~e~lement of the nnrtie~ dated Nov 5. 200'~ intn the l'3ivnre~ Decree. 5. (Complete either paragraph (a) or (3).) (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 Plaintiffs Waiver of Notice in § 3301(c) Divorce was filed with the prothonotary: ('}etnher 16; 2003 ; Date Defendant's Waiver of Notice in § 3301(c) Divorce was filed with the prothonotary: filed ~imnltanemmlv w/Praeeipe ~'M2ar~L. Markley,rEsq. 2108~Market Street, Aztec Building Camp Hill, Pennsylvania 17011-4706 ID# 84745 Tel. (717) 763-1800 STATE OF CAROL S. PROUDFO0? IN THE cOUrt OF COMMON PLEAS OF CUMBERLAND COUNTY ~ PENNA. DECREE IN DIVORCE Plaintiff, VERSUS GREG L. PROUDFOOT Defendant N O. 01-5924 AND NOW,__~~ ~''~''' "7..,~) CAROL S. PROUDFOOT DECREED ThAT GREG L. PROUDFOOT aND ARE DIVORCED FROM THE BONDS OF MATRIMONY. , IT IS ORDERED AND , PLAINTIFF, ,DEFENDANT, 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; NON~.. The attached Separation and Property Settlement Agreement dated November 5, 2003, is merger, here}n.