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HomeMy WebLinkAbout01-1777 FX .j . '-'~ t,_, .;1-:",-. >0, ,.'~, ,~" "",'"~;.,=,,,',l,~.". l .. r .,,, . ., ,\,~ . IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY . STATE OF PENNA. RANDALL B. . FOX, . Plaintiff No. 2001-1777 CIVIL TERM . CIVIL ACTION - LAW . VERSUS . HEATHER L. IN DIVORCE . FOX, . Defendant . . . DECREE IN . DIVORCE . . O~7 e;a:;t 3:SOf./YI . . AND NOW, 2001 , IT IS ORDERED AND . . DECREED THAT RANDALL B. FOX , PLAINTIFF, AND HEATHER L. FOX 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 Marriage Settlement Agreement dated September 24, 2001 and signed by . . the parties is hereby incorporated into this Decree, but not merged. ATTEST: J. . . O""t~ . PROTHONOTARY . . . By . . . ti~'f~';''-'''.'\ " ~~ HI!!t ... ...... . . ~. _'''""'_'-'~lI'i!iili~:ll>l.,~~''':h'_~;,i;"""~_",,,''';cOO;' ~ ~'f~,~IIUiIJliJ;Wi1 '> , ,1 ~-P:Z ~ ~ /(l'O/-rd'l ~.p:z~~n )(/-0/(// , " _~_~.,~~_'^ <~ ,.,~m ,.~"_ ,"~_""" ~,""~,_ .',~"',_"o 7~'. ,W <"'. - ., "~, . "".............. , ,< ~'." " , " ". L ..1 - "',"':'''~"'''';~''~'~'',,' ~.",,-~ ",,"" >6o'&'I":i .. SOCIAL SECURITY INFORMATION SHEET PURSUANT TO 23 Pa.C.SA 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 3, 2001 DOCKET NUMBER: 2001-1777 CIVIL TERM PLAINTIFF~SS# 206-54-7515 NAME: RANDALL B. FOX DEFENDANT~ SS # 172-66-1150 NAME: HEATHER L. FOX MM~Il~-';;,*ili"'-'l1!t""'''I~,""ii'''~__!'4,",!'''''h,,~,~'o:cit->1M1~;'':~li'i~'P "..",~;,;J~Mi . ''I' .. - ,., ," '~ ,~~~ ~,'~ ~_,__,~','''~,,^ "~ ~,',"','_M.. ..',n' >~ _~~ .,~ ,~~ a 1"'~Iir.I'iiIlll.' . ~~~",w"" 'J..~l , o c <;'" v 6:; ffi CC .c::_ __\,' ~~~:: c:c 3>C~; ~e~ 2: c::; c:> CC', --1 ..<~ -""", L',. ~o 3: '",-, ~:~;.h-:'f ~,) (,0 :~~ 'j,J / ,'- .= G -~, ,,~. ,-..- "")'0'1 >, t RANDALL B. FOX, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v. CIVIL ACTION - LAW 2001-/717 CIVIL TERM HEATHER L. FOX, Defendant IN DIVORCE NOTICE You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take prompt action. You are warned that if you fail to do so, the case may proceed without you and a decree 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 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, Cumberland County Courthouse, Carlisle, Pennsylvania 17013. 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 TmS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 2 Liberty Avenue Carlisle, Pennsylvania 17013 717-249-3166 1-800-990-9108 J _~ '" _ ._e" > 'I,~~ ., i AMERICANS WITH DISABILITIES ACT OF 1990 The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilities Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the court, please contact our office. All arrangements must be made at least 72 hours prior to any hearing or business before the court. You must attend the scheduled conference or hearing. ~ . ." "'^"'-i~ " RANDALL B. FOX, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v. CIVIL ACTION - LAW 2001-J71J CIVIL TERM HEATHER L. FOX, Defendant IN DIVORCE COMPLAINT IN DIVORCE PURSUANT TO SECTION 3301(c) OF THE DIVORCE CODE NOW comes the plaintiff, Randall B. Fox, by his attorney, Douglas G. Miller, Esquire, and files this complaint in divorce against the defendant, Heather L. Fox, representing as follows: 1. The plaintiff is Randall B. Fox, an adult individual residing at 324 Rosemont Avenue, New Cumberland, Pennsylvania 17070. 2. The defendant is Heather L. Fox, an adult individual residing at 324 Rosemont Avenue, New Cumberland, Pennsylvania 17070. 3. The plaintiff has been a resident of the Commonwealth of Pennsylvania at least six months prior to the filing of this action in divorce. ~. - -- . .,' -- ',' ~"~''''k'i-ill .. , 4. The plaintiff and the defendant were married on November 27, 1999 in St. Lucia in the southern Carribean. 5. There have been no prior actions of divorce or for annulment between the parties. 6. There were no children born to this marriage. 7. Pursuant to the Divorce Code, Section 3301(c), the plaintiff avers as the grounds upon which this action is based that the marriage between the parties is irretrievably broken. 8. The plaintiff avers that he has been advised of the availability of counseling and that said party has the right to request that the court require the parties to participate in counseling. WHEREFORE, the plaintiff demands judgment dissolving the marriage between the two parties. Respectfully submitted, IRWIN, McKNIGHT & HUGHES By: ~ /Jv ~ Dougl G. Miller, Esquire Attorney for Plaintiff West Pomfret Professional Building 60 West Pomfret Street Carlisle, Pennsylvania 17013-3222 (717) 249-2353 Supreme Court I.D. No. 83776 Date: March 23, 2001 ~, I~ ". '.~'~'~ ,'..~~"~;.r~'"',: " , VERIFICATION The foregoing Complaint is based upon information which has been gathered by my counsel and myself in the preparation of this action. I have read the statements made in this document and they are true and correct to the best of my knowledge, information and belief. I understand that false statements herein made are subject to the penalties of 18 Pa.C.S.A. Section 4904, relating to unsworn falsification to authorities. Date: ~/.i B . ,2001 I _ ~__,~o , M~ .~,= ,'" ~' ,"",':,d.;~ " RANDALL B. FOX, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v. CIVIL ACTION - LAW 2001 - J7 '7 J CIVIL TERM HEATHER L. FOX, Defendant IN DIVORCE PLAINTIFF'S MARRIAGE COUNSELING AFFIDAVIT The plaintiff, being duly sworn according to law, deposes and says: 1. I have been advised of the availability of marriage counseling and understand that I may request that the court require that my spouse and I participate in counseling. 2. I understand that the court maintains a list of marriage counselors in the Prothonotary's Office, which list is available to me upon request. 3. Being so advised, I do not request that the court require that my spouse and I participate in counseling prior to a divorce decree being handed down. I verify that the statements made in this affidavit are true and correct. I understand that false statements herein rnade are subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. Date: /WN' oZ] . ,2001 ~~ , RANDALL B. FOX .-" -- &:l&'U" ~ ''''' f~S J ....... ~ -C. .... '-'J \l.j '"\ ", II!II ~~ ""'lIiw(IlllHifJ*,* .,~.~~~~ , . 1:I.iiili~~.Qb!l ~ "-' ,. ~, ~,.o_^^" .,,~, ,.~~,'~,~, ~ ,.".'~~ "..' _, - - . 1~'rnll-' ).LlVnO!;V('~j:;~~:~~,nJ i u :7 t'-id q :;. 1.'\./, . " Obill 0 ~~ '.' -<':'-'~::/O ;if ~.=,~ - @ ~ Jt ". '" '- --- "'I -.J ~ Iil :'\. d " 13 d ~~ "\-.\ !, ~= ~'~,= ' " "' RANDALL B. FOX, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v. CIVIL ACTION - LAW 2001-1777 CIVIL TERM HEATHER L. FOX, Defendant IN DIVORCE ACCEPTANCE OF SERVICE I, Samuel L. Andes, Esquire, attorney for the defendant in the above-captioned divorce action, hereby verify that I accepted service of the Complaint in Divorce filed under Section 330l(c) of the Divorce Code on March 26,2001. ~ EL L. ANDES, ESQUIRE Date: APriI~, 2001 1IllIitr~ ~ ,""',,~-^~~ "" ""--"",~"'" "-~-iM~1Iliilii!II: '~""""'~""l~-_- "~li~ ." ,-~,"~~,"',,,~,,,,- -', '.",.-',-,",-"'''# "''-'~'''' "<,-' ,~ ~ , .~. ~- -~ ",- '"" ' ,~ - (') 0 C) C <"' "'TJ -atE ::;:.. ." rpm ;;0 " ~::o F Ze- N ::Ijt3 g~ CJi ,---' I -0 >:,0 - .',-,' ~O - o:i:J .... )>0 7(~ Cd --"r C 0 ~ +" ~ -<: ,~ --~~.~,. ----.,~,. . ~'~'"'~'"~~.~-.~ ,~. ., 'w o - o RANDALL B. FOX, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA vs. CIVIL ACTION - LAW NO. 2001-1777 CIVIL TERM HEATHER L. FOX, Defendant IN DIVORCE MOTION FOR HEARING ON CLAIM FOR ALIMONY PENDENTE LITE AND NOW comes the above-named Defendant, by her attorney, Samuel L. Andes, and moves the court to have the Domestic Relations Office schedule a conference on her request for Alimony Pendente Lite, as set out in Count III of her Petition for Economic Relief, a copy of which is attached hereto and marked as Exhibit A. Date: 10 May 2001 ~ Samuel L. Andes Attorney for Defendant Supreme Court ID # 17225 525 North 12th Street Lemoyne, PA 17043 (717) 761-5361 i !! ~I ~ ,-- '" l'{~fuiL . o o RANDALL B. FOX, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA vs. CIVIL ACTION - LAW NO. 2001-1777 CIVIL TERM HEATHER L. FOX, Defendant IN DIVORCE DEFENDANT'S PETITION FOR ECONOMIC RELIEF AND NOW comes the above-named Defendant, HEATHER L. FOX, by her attorney, Samuel L. Andes, and petitions the court for economic relief as follows: COUNT I - EQUITABLE DISTRIBUTION 1. During the course of the marriage, the parties have acquired numerous items of property, both real and personal, which are held in joint names and in the individual names of each of the parties hereto. WHEREFORE. Defendant prays this Honorable Court, after requiring full disclosure by the Plaintiff, to equitably divide the property, both real and personal, owned by the parties hereto as martial property. COUNT II - ALIMONY 2. Defendant lacks sufficient property to provide for her reasonable needs in accordance with the standard of living of the parties established during the marriage. 3. Defendant is unable to support herself in accordance with the standard of living of the parties established during the marriage through appropriate employment. 4. The Plaintiff is employed and enjoys a substantial income from which he is able to contribute to the support and maintenance of the Defendant and pay her alimony in accordance with the Divorce Code of Pennsylvania. WHEREFORE. Defendant prays this Honorable Court to enter an Order awarding Defendant from Plaintiff permanent alimony in such sums as are reasonable and adequate .--...., 1,_ : _" ,l~' , _ '0 ~ -=~. '" . I o o . to support and maintain Defendant in the station of life to which she has become accustomed during the marriage. COUNT III - ALIMONY PENDENTE LITE 5. Defendant is without sufficient income to support and maintain herself during the pendency of this action. 6. Plaintiff enjoys a substantial income and is well able to contribute to the support and maintenance of Defendant during the course of this action. WHEREFORE, Defendant prays this Honorable Court to order Plaintiff to pay her reasonable alimony pendente lite during the pendency of this action. COUNT IV - COUNSEL FEES AND EXPENSES 7. Defendant is without sufficient funds to retain counsel to represent her in this matter. 8. Without competent counsel, Defendant cannot adequately prosecute her claims against Plaintiff and cannot adequately litigate her rights in this matter. 9. Plaintiff enjoys a substantial income and is well able to bear the expense of Defendant's attorney and the expense of this litigation. WHEREFORE, Defendant prays this Honorable Court to order Plaintiff to pay the legal fees and expenses incurred by Defendant in this litigation of this action. ~~~ Sam el L. Andes Attorney for Defendant Supreme Court ID # 17225 525 North 12th Street Lemoyne, Pa 17043 (717) 761-5361 }:J'i . c o I verify that the statements made in this Complaint are true and correct. I understand that any false statements in this Complaint are subject to the penalties of 18 Pa. C.S. 4904 (unsworn falsification to authorities). Date: -f'flA'iH ~ <J{))! . 0 c.~J,.1 ~. '9cDO HEATHER L. X ' , i' , " i Ii :i Ii 11 II Ii II II " II il " ^"""'j -. , ' ,.' RANDALL B. FOX, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA vs. CIVIL ACTION - LAW NO. 2001-1777 CIVIL TERM HEATHER L. FOX, Defendant IN DIVORCE DEFENDANT'S PETITION FOR ECONOMIC RELIEF AND NOW comes the above-named Defendant, HEATHER L. FOX, by her attorney, Samuel L. Andes, and petitions the court for economic relief as follows: COUNT I - EQUITABLE DISTRIBUTION 1. During the course of the marriage, the parties have acquired numerous items of property, both real and personal, which are held in joint names and in the individual names of each of the parties hereto. WHEREFORE, Defendant prays this Honorable Court, after requiring full disclosure by the Plaintiff, to equitably divide the property, both real and personal, owned by the parties hereto as martial property. COUNT II - ALIMONY 2. Defendant lacks sufficient property to provide for her reasonable needs in accordance with the standard of living of the parties established during the marriage. 3. Defendant is unable to support herself in accordance with the standard of living of the parties established during the marriage through appropriate employment. 4. The Plaintiff is employed and enjoys a substantial income from which he is able to contribute to the support and maintenance of the Defendant and pay her alimony in accordance with the Divorce Code of Pennsylvania. WHEREFORE, Defendant prays this Honorable Court to enter an Order awarding Defendant from Plaintiff permanent alimony in such sums as are reasonable and adequate i " ..... ....... . ' , .. to support and maintain Defendant in the station of life to which she has become accustomed during the marriage. COUNT III ALIMONY PENDENTE LITE 5. Defendant is without sufficient income to support and maintain herself during the pendency of this action. 6. Plaintiff enjoys a substantial income and is well able to contribute to the support and maintenance of Defendant during the course of this action. WHEREFORE, Defendant prays this Honorable Court to order Plaintiff to pay her reasonable alimony pendente lite during the pendency of this action. COUNT IV COUNSEL FEES AND EXPENSES i I 7. Defendant is without sufficient funds to retain counsel to represent her in this matter. 8. Without competent counsel, Defendant cannot adequately prosecute her claims against Plaintiff and cannot adequately litigate her rights in this matter. 9. Plaintiff enjoys a substantial income and is well able to bear the expense of II Defendant's attorney and the expense of this litigation. I WHEREFORE, Defendant prays this Honorable Court to order Plaintiff to pay the legal fees and expenses incurred by Defendant in this litigation of this action. ~~~ Sam el L. Andes Attorney for Defendant Supreme Court ID # 17225 525 North 12th Street Lemoyne, Pa 17043 (717) 761-5361 Ii - .... . . ,..' ~ I verify that the statements made in this Complaint are true and correct. I understand that any false statements in this Complaint are subject to the penalties of 18 Pa. C.S. 4904 (unsworn falsification to authorities). Date: fYlf'l.JL 4 ,:)/[hI O' ej/br/d ~. ~ HEATHER l. X I, i' , i: :1 ". ,,", - ~, " '" ~--",~l..I,.'ffi RANDALL B. FOX, PlaintiftiRespondent IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA VS. CIVIL ACTION - DIVORCE HEATHER L. FOX, DefendantJl[>etitioner NO. 2001-1777 CIVIL TERM IN DIVORCE DR# 30691 PacseS# 659103484 ORDER OF COURT AND NOW, this 7th day of June,2001,upon consideration of the. attached. Petition for Alimony . Pendente Lite and/or counsel fees, it is hereby directed that the parties and their respective counsel appear before R.J. Shaddav on Julv 10. 2001 at W:30A.M. for a conference, at 13 N. Hanover St., Carlisle, PA 17013, after which the conference officer may recommend that an Order for Alimony Pendente Lite be entered. YOU are further ordered to bring to the conference: (I) a true copy of your most recent Federal Income Tax Return, including W-2's as filed (2) your pay stubs for the preceding six (6) months (3) the Income and Expense Statement attached to this order, completed as required by Rule 191O.11@ (4) verification of child care expenses (5) proof of medical coverage which you may have, or may bave available to you IF you fail to appear for the conference or bring the required documents, the Court may issue a warrant for your arrest. BY THE COURT, George E. Hoffer, President Judge Maiicopieson 6-7"()1 to: Petitioner < Respondent Samuel Andes, Esquire Doug Miller, Esquire j}R. Date of Order: June 7, 200 I YOU HAVE THE RIGHT TO A LAWYER, WHO MAY AT END THE CONFERENCE REPRESENT YOU. 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 MAY GET LEGAL HELP. CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVE. CARLISLE, PENNSYLVANIA 17013 (717) 249-3166 ~!IIilJ~~ii,'iIf!!I~""',k"',;%i!l-iiiH..",""'ie:~U;:F=Hrf.""'"'*:",{.,~_, ;>":"-_"'--',~_'i'-,'.,:"b"";""",,,,,,,~b"',--,1-,O:b,li.,ihi!lI1ilh.~e~l<iIWi\_niiiiw~~~~'- ItlNI/A1ASNN3d JJ.NnOO ClI\J'crlH::J8I^lnQ 95:8 Hd L- Nor JD is \(t AU\"'IO'I,n, '."., "'1' fr' !;lV_ 'v'~" ,.... '"j ~.,) .........1 ;.J~l:'-":~-i;.'I, ,...h. :iJI~.'\., -{b "j u,~...,'_ ~.~, '_0" ,~~~<, ~~'Q"_~~"~~"_~.>_.~_~ ",~",~~ ~." ~"<.-, ~^'-~~ ~ ~~ ~'"~ '_I .. ~ - I'--~~' ~ ,-.,.. - _'"'~ ~,,", ,. .;~,-< t -~, . RANDALL B. FOX, Plaintiff/Petitioner, : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v. CIVIL ACTION - DIVORCE NO. 2001-1777 CIVIL TERM HEATHER L. FOX, DefendantJRespondent. IN DIVORCE ORDER OF COURT AND NOW, this ,,-t/$ day of July, 2001, upon consideration of the within Petition for Special Relief, a Rule is issued on the Respondent to show cause why she should not be ordered to vacate the Petitioner's home at 324 Rosemont Avenue, New Cumberland, Pennsylvania, and why she should not be ordered to pay the monthly payments on the home equity loan used to purchase Respondent's vehicle. RULE returnable at a hearing set for the (p ~ day of fjU&n c 1'" , 2001, in Courtroom No. ~ ate;: yj o'clock A-.m. of the Cumberland County Courthouse in Carlisle, Pennsylvania. UWPld E. eLf.,' t/d / J. it .~il..dliW1- ~i f\ ~') f; 'p:: ~~ 1. o . - . " ~ 11IIII ~'~iI' hb\li"'t-,I;i!!iii:~':P"f'~"":aU ~,~ Vf"S\.'/';l ,SNI',,)~'~ J !f'Y:;l-i ::'1,./"1' 1\--. ',: ['~ "i,' i'Il I', w~'>,,_~o,"''''', ",. ~M' ,~_. .,~ .,~ . ~. <-~ '" ,-~,*~- ~~ - - . - ~~~~= - ~'""': RANDALL B. FOX, PlaintifflPetitioner, : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v. CML ACTION - DIVORCE NO. 2001-1777 CIVIL TERM HEATHER L. FOX, DefendantJRespondent. IN DIVORCE PETITION FOR SPECIAL RELIEF Now comes the Petitioner, RANDALL B. FOX, by and through his attorneys, Irwin, McKnight & Hughes, and petitions this Honorable Court as follows: 1. The parties hereto are husband and wife having been joined in marriage on November 27, 1999. 2. The parties separated in March 2001, although they continue to reside in the same house. 3. On March 26,2001, Petitioner filed a Complaint in Divorce. 4. The parties reside at 324 Rosemont Avenue, New Cumberland, Pennsylvania, a home purchased by Petitioner prior to the parties' marriage. COUNT I 5. Since the parties' separation, Respondent has refused to remove from the marital home. Respondent has removed $6,800.00 from a joint money market account by forging Petitioner's signature and set the funds aside for her own purposes, refusing to advise the Petitioner of the location of the funds. 2 ~ ,'~,,,-~,_,~I'>-.<:; . 6. On or about December 22, 2000, while Petitioner was standing at the kitchen sink in the marital home, getting a drink of water, Respondent broke a glass over Petitioner's hand. As a result of Respondent's actions, Petitioner's middle finger was sliced. 7. On or about March 24, 2001, while attempting to leave the marital home, Petitioner began to enter his vehicle and in an appai-ent attempt to prevent Petitioner from leaving, Respondent slammed the vehicle's door against Petitioner's left leg, pinning Petitioner's leg in the door and causing him injury and great pain. Petitioner contacted the police who responded to the marital residence on that date, but neither party filed any charges. 8. On or about May 2, 2001, Respondent bit Petitioner's arm, causing him injury and great pain, and momentarily leaving teeth marks on Petitioner's arm. 9. Respondent has also subjected Petitioner to continued verbal threats and harassment while residing at the marital residence. 10. On or about May 11, 2001, given the difficulty residing with Respondent in the marital home, Petitioner through his legal counsel requested that Respondent leave Petitioner's home by June 2, 2001. 11. Respondent has refused and continues to refuse to leave the marital home even though she has removed significant funds from the parties' joint account and upon information and belief is in the process of purchasing a home of greater value than the marital home. 12. Petitioner avers that Respondent will not leave his home without an Order of Court. 3 n' _ - -, --, ..'. , '" ,.''''~~ . WHEREFORE, Petitioner respectfully requests this Honorable Court to enter an Order of Court requiring Respondent to remove herself from Petitioner's home. COUNT II 13. Petitioner is currently making a mOI)thly payment of Three Hundred Fifty-Four and 84/100 ($354.84) Dollars, on a home equity loan that was used entirely toward the purchase of a vehicle for Respondent's sole use. 14. Respondent continues to enjoy the sole use and enjoyment of said vehicle but has made no payments toward the home equity loan since Petitioner's filing for Divorce. 15. Petitioner does not use and in fact has been denied the use of said vehicle despite making all of the home equity payments to pay for Respondent's vehicle. WHEREFORE, Petitioner respectfully requests this Honorable Court to enter an Order requiring Respondent to pay the monthly payments on the aforesaid home equity loan. Respectfully submitted, IRWIN, McKNIGHT & HUGHES By: Date: July -9-,2001 Douglas . Miller, Esq ire Supreme Court J.D. No. 83776 West Pomfret Professional Building 60 West Pomfret Street Carlisle, Pennsylvania 17013-3222 (717) 249-2353 Attorney for Plaintiffil'etitioner 4 --" - t_-,~> VERIFICATION The foregoing document is based upon information which has been gathered by my counsel and myself in the preparation of this action. I have read the statements made in this document and they are true and correct to the best of my knowledge, information and belief. I understand that false statements herein made are subject to the penalties of 18 Pa.C.S.A. Section 4904, relating to unsworn falsification to authorities. ~dd~ , RANDALL B. FOX ~ Date: * ,2001 ,-" " ~ ,- '. ,--,'-__,",," .--'1. CERTIFICATE OF SERVICE I, Douglas G. Miller, Esquire, do hereby certifY that I have served a true and correct copy of the foregoing document upon the persons indicated below by first class United States mail, postage paid in Carlisle, Pennsylvania 17013, on the date set forth below: Samuel L. Andes, Esquire 525 North 12'h Street Lemoyne, PA 17043 Date: July~, 2001 IRWIN, McKNIGHT & HUGHES Douglas . Miller, sq ore Supreme 000 LD. No. 83776 West Pomfret Professional Building 60 West Pomfret Street Carlisle, Pennsylvania 17013-3222 (717) 249-2353 Attorney for Plaintiff, Randall B. Fox 5 r ~~""r= , , ~-- -. - , '" " - '. L,,, ,. '^ ~ ~_ ~ ~, , 'I'='''''~'-. ""'C_,,,"~_,_.' ~"~ -"'"~",',,,='~"""'--"',~ ~"~.,"'-, ,_;J""""'_I>'''~ RANDALL B. FOX, Plaintiff/Petitioner, : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v. CIVIL ACTION - DIVORCE No. 2001-1777 CIVIL TERM HEATHER L. FOX, DefendantlRespondent. IN DIVORCE ORDER OF COURT AND NOW, this112~ay of August, 2001, upon agreement of both legal counsel in the above-captioned matter and in order for the parties to have additional time in which to attempt to resolve the issues raised in Plaintiffs Petition for Special Relief, the hearing scheduled for August 6, 2001, at 9:45 a.m. in Courtroom No.5 of the Cumberland County Courthouse, Carlisle, Pennsylvania is hereby continued for approximately thirty (30) days. The hearing on the Plaintiffs Petition for Special Relief is hereby rescheduled for liZ', . (J e. I, -5 ,2001, at1: ~t)AM., in Courtroom No. L, located in the / Cumberland County Courthouse in Carlisle, Pennsylvania. Edward E. Guido, 1. cc: Douglas G. Miller, Esquire (Attorney for Plaintiff) Samuel L. Andes, Esquire (Attorney for Defendant) ~'~ -~ , "~' ev':.&. ~iTI r ~I '--,. '-, -,"'''iii_ .. ^ '-' 'Ilb~ l.:&;;~ ... ~~1I':Hai VINVA1A8NN3d JJ,iVno') r]i\I\f)Y3mW)~ S I : It ~~ S - snv 10 JlJ\'lIi'V,Ji-JI"'_~:", ~-;!.Ji Ir~ f\01.i\,." T...,', 1_,_, '\,h..; ~.II_. .:J.... JOf,{';'[)--{jj/f::1 ~~, ^~~, .~',,"~,''->_.._",'''J''".'' " ~.,~o, < ""'~"'k;';;",'" ~~.' _,_""~ , ~,". , " ~-, '-- ~'" <_" "'""........ J'.. 1<" , RANDALL B. FOX, Plaintiff/Petitioner, : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v. CIVIL ACTION - DIVORCE No. 2001-1777 CIVIL TERM HEATHER L. FOX, DefendallltJRespondent. IN DIVORCE PRAECIPE FOR WITHDRAWAL OF PLAINTIFF'S PETITION FOR SPECIAL RELIEF TO CURTIS R. LONG, PROTHONOTARY: Pursuant to an agreement of the parties and their legal counsel, please withdraw the Plaintiffs Petition for Special Relief, filed on or about July 9, 2001, in the above captioned matter. The hearing scheduled before Judge Guido on October 5, 2001, at 8:30 a.m. should also therefore be cancelled. Respectfully submitted, IRWIN, McKNIGHT & HUGHES . Miller, Es uire Supreme our! ID # 83776 West Pomfret Professional Building 60 West Pomfret Street Carlisle, Pennsylvania 17013 (717) 249-2353 Attorney for Plaintiff Dated: October 2, 2001 / .." -~"'~~- ^.<~--'I>' ~'." ~>. - <..~". -^--,-~.~ ''''''-,..'-".,~ . ""k_!\, RANDALL B. FOX, Plaintiff/Petitioner, : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v. CIVIL ACTION - DIVORCE No. 2001-1777 CIVIL TERM HEATHER L. FOX, Defendant/Respondent. IN DIVORCE CERTIFICATE OF SERVICE I, Douglas G. Miller, Esquire, do hereby certify that I have served a true and correct copy of the foregoing document upon the persons indicated below by fIrst class United States mail, postage paid in Carlisle, Pennsylvania 17013, on the date set forth below: Samuel 1. Andes, Esquire 525 North Twelfth Street P.O. Box 168 Lemoyne, PA 17043 Date: October 2,2001 IRWIN, McKNIGHT & HUGHES =4, IM1 Douglas Miller, Esquire Supreme Court LD. No. 83776 West Pomfret Professional Building 60 West Pomfret Street Carlisle, Pennsylvania 17013-3222 (717) 249-2353 Attorney for Plaintiff, Randall B. Fox .~~ ,;,,;.....~""' ~TLL _U , 'i~ liii...itlii!~1 ~L ~,~ ~'-'<'-'":B<i~~'~ K~,~~~~'~'"" ~__~__~~~ ,-~~" ,,"-..< ~ '. hJl: ""'~ '" -~ "-~,~" .~, <'A -" -'< '" '~..... ~ ~ -" ~ S2L:, -;""1- en. ~f~ ~ 22 '---' ~ ."-~ .~ , f'",::: ~; " ---r) ,', . ""f ---'!"i", .);~ -:."J .. ....::~ rTl ~~ -''''' "'-'j ~"- -~ ;"-) .r:- , . . 4 RANDALL B. FOX, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v. CIVIL ACTION - DIVORCE NO. 2001-1777 CIVIL TERM HEATHER L. FOX, Defendant IN DIVORCE PLAINTIFF'S AFFIDAVIT OF CONSENT 1. A complaint in divorce under Section 3301(c) of the Divorce Code was filed on March 26,2001. 2. The marriage of plaintiff and defendant is irretrievably broken and ninety days have elapsed from the date of the filing of the complaint. 3. I consent to the entry of a final decree in divorce. 4. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if! do not claim them before a divorce is granted. I verify that the statements made in this affidavit are true and correct. I understand that false statements herein made are subject to the penalties of 18 Pa. C. S. Section 4904 relating to unsworn falsification to authorities. Date: fJ/zy .2001 :L; a. . RANDALL B. FOX ' Plaintiff ~ "~""" '-,..- -., , ' .., RANDALL B. FOX, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v. CIVIL ACTION - DIVORCE NO. 2001-1777 CIVIL TERM HEATHER L. FOX, Defendant IN DIVORCE W AlYER 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 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 made are subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. Date: ~ .2001 ~~/!R RANDALL B. FOX Plaintiff I 1 '1 RANDALL B. FOX, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v. CIVIL ACTION - DIVORCE NO. 2001-1777 CIVIL TERM HEATHER L. FOX, Defendant IN DIVORCE DEFENDANT'S AFFIDAVIT OF CONSENT 1. A complaint in divorce under Section 330l(c) of the Divorce Code was filed on March 26,2001. 2. The marriage of plaintiff and defendant is irretrievably broken and ninety days have elapsed from the date of the filing of the complaint. 3. I consent to the entry of a final decree in divorce. 4. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if! do not claim them before a divorce is granted. I verify that the statements made in this affidavit are true and correct. I understand that false statements herein made are subject to the penalties of 18 Pa. C. S. Section 4904 relating to unsworn falsification to authorities. Date: Selltember 24 .2001 ~0>? ~ HEATHER L. FOX Defendant ,~~ -- .,'~".," ."-,,-.- . . '. RANDALL B. FOX, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v. CIVIL ACTION - DIVORCE NO. 2001-1777 CIVIL TERM HEATHER L. FOX, Defendant 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 of Divorce without notice. 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 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 made are subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. Date: September 24 .2001 ~oIT~ d )c;;;fl.~ HEATHER L. FOX Defendant >,=, ''''",_c-----'''^ ",.'''."'~",'-' - "I~ ',,,,",,,w,.~..,~_~"__c,"_='~'~,,,'>>._,,"'~ .'0, '~-',: "'_'<_'<'" . , , < RANDALL B. FOX, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v. CIVIL ACTION - DIVORCE NO. 2001-1777 CIVIL TERM HEATHER L. FOX, Defendant IN DIVORCE DEFENDANT'S MARRIAGE COUNSELING AFFIDAVIT The plaintiff, being duly sworn according to law, deposes and says: I. I have been advised of the availability of marriage counseling and understand that I may request that the court require that my spouse and I participate in counseling. 2. I understand that the court maintains a list of marriage counselors in the Prothonotary's Office, which list is available to me upon request. 3. Being so advised, I do not request that the court require that my spouse and I participate in counseling prior to a divorce decree being handed down. I verify that the statements made in this affidavit are true and correct. I understand that false statements herein made are subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. Date: SeDtember 24 .2001 cj / -c..a:d lLCJf. ~ , HEATHER L. FOX Defendant ~+-~-- '~--.,~-."-, lilt.. _. """--~ ~<= ~. ~~~~_~,,~';'"~~;J; '~"-'''~''~ ,,-- ,-~,"",' , " ,,~ ,;:".- '-' .. ~ .-, ,~ t. ',. () CO ~. -.. < ;::':l -ui:;:: n , ; ~~:f: .~-~ z (j) . c.) -< ,~1.- ~'-',~., "n ~c> ~,Cl :;''' ..... C 2~ N =< '-. "1 I RANDALL B. FOX, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v. CIVIL ACTION -LAW 2001-1777 CIVIL TERM HEATHER L. FOX, Defendant IN DIVORCE PRAECIPE TO TRANSMIT RECORD To the Prothonotary: Transmit the record, together with the following information, to the court for entry of a divorce decree: 1. Ground for Divorce: irretrievable breakdown under Section 330 I (c) of the Divorce Code. 2. Date and manner of service of complaint: A certified copy of the Complaint in Divorce was served upon the counsel for the defendant, Samuel L. Andes, Esquire, on April 23, 2001, and is evidenced by the Acceptance of Service filed on April 25, 2001. 3. Complete either paragraph (a) or (b). (a) Date of execution of the affidavit of consent required by Section 3301(c) of the Divorce Code: by plaintiff: September 24, 2001; by defendant: September 24, 2001. (b)(I) Date of execution of the affidavit required by Section 3301(d) of the Divorce Code: (b)(2) Date of filing and service of the plaintiff's affidavit upon the defendant: 4. Related claims pending: NONE. 5. Complete either (a) or (b). (a) Date and manner of service of the Notice of Intention tn file Praecipe to Transmit Record, a copy of which is attached: (b) Date plaintiff's Waiver of Notice in Section 3301(c) Divorce was filed with the Prothonotary: October 3, 2001. Date defendant's Waiver of Notice in Section 3301(c) Divorce was filed with the Prothonotary: October 3, 2001. RANDALL B. FOX, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA vs. CIVIL ACTION - LAW NO. 2001-1777 CIVIL TERM HEATHER L. FOX, Defendant IN DIVORCE PRAECIPE TO THE PROTHONOTARY: Please withdraw the economic claims previously filed on behalf of the Defendant, Heather L. Fox, in this matter, specifically including claims for equitable distribution, alimony, and alimony pendente lite, counsel fees and expenses. Date: 3 Oc...~hW' zmL ~ CLOo Attorney for Defendant Supreme Court ID # 17225 525 North 12th Street Lemoyne, PA 17043 (717) 761-5361 Ii ~ ",~.";""",""''''''~:'~o''"'''"'''m~~~~.t.<iM>jili>'i!i,,,!l;trl'i.M~~'~~'' ~ f:m:~~v.:.>>!J~t,^,._1$.J~ULL1[l"T ~.lU.1tl1UWL", ,:,T-,_;__. ,_1,'c_''''<~''~,'~~_" ,,: -,""" _.~.~ '. H~ <, '~-"''''''''ailllilllitd.llrt: ;;.- ,": f'( ~ N -o("...~, ~;;~:_-- 17- ;::.~ ;,/ , n c- C') c::> :~ . -., ('::1 , , ~~. (--~ :.fl '1--:' ,..~ , ~ -< il# ~t)j;, In the Court of Common Pleas of CUMBERLAND County, Pennsylvania DOMESTIC RELATIONS SECTION HEATHER FOX ) Docket Number 01-1777 CIVIL Plaintiff ) vs. ) PACSES Case Number 659103484/D3Cl691 RANDALL B. FOX ) Defendant ) Other State ID Number Order AND NOW to wit, this OCTOBER 25, 2001 it is hereby Ordered that: THE REQUEST FOR ALIMONY PENDENTE LITE IS DISMISSED, PURSUANT TO PETITIONER WITllDRAWING HER REQUEST OF THE SAME AND THE PARTIES RESOLVING ALL FINANCIAL CLAIMS. DRO: RJ Shadday xc: plaintiff defendant Samuel Ao:les, Esquire Douglas MUler, Essquire BY THE COURT: ~ j6-J& -0/ 2-- ~~ Kevin s JUDGE Service Type M Form OE-OOI Worker ID 21005 I~ - ,,>' " " .- ,,," ',,,,," "'"'ii0 " '. . MARRIA GE SETTLEMENT AGREEMENT THIS AGREEMENT made this 24t1day of ~1f:Y"; 2001, by and between HEATHER L. FOX, (hereinafter referred to as "WIFE") and RANDALL B. FOX, (hereinafter referred to as "HUSBAND"). WITNESSETH: WHEREAS, HUSBAND and WIFE were lawfully married on November 27, 1999; and WHEREAS. diverse, 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, but not limited to the settling of all matters between them relating to the ownership and equitable distribution of real and personal property, the settling of all claims and possible claims by one against the other or against their respective estates, and the equitable distribution of property and alimony for each party, The parties hereto agree and covenant as follows: I. The parties intend to maintain separate and permanent domiciles and to live apart from each other. It is the intent 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, --,,., _c., -~". '~ ,-," IE~J 2. The parties have attempted to divide their matrimonial property in a manner which conforms to a just and right standard, with due regard to the rights of each party. It is the intent of the parties that such division shall be final and shall forever determine their respective rights. The division of existing marital property is not intended by the parties to constitute in any way a sale or exchange of assets. 3, Further, the parties agree to continue living separately and apart from the other at any place or places that he or she may select as they have heretofore been doing. Neither party shall molest, harass, annoy, injure, threaten or interfere with the other party in any matter whatsoever. Each party may carry on and engage in any employment, profession, business or other activity as he or she may deem advisable for his or her sole use and benefit. Neither party shall interfere with the uses, ownership, enjoyment or disposition of any property now owned and not specified herein or property hereafter acquired by the other. 4, The consideration for this contract and agreement is the mutual benefit to be obtained bv ~ - both of the parties hereto and the covenants and agreements of each of the parties to the other. The adequacy of the consideration for all agreements herein contained is stipulated, confessed, and admitted by the parties, and the parties intend to be legally bound hereby. Each party to the Agreement acknowledges and declares that he or she, respectively: 2 ~ 0" ,_. ~, =-~ ,,, ,- ",--->- 1--" ; i_ I' .J (1) Is represented by counsel of his or her own choosing, or if not represented by counsel, understands that he or she has the right to counsel: HUSBAND is represented by Douglas G, Miller, Esquire of Irwin, McKnight & Hughes; WIFE is represented by Samuel 1. Andes, Esquire; (2) Is fully and completely informed of the facts relating to the subject matter of this Agreement and of the rights and liabilities of the parties; (3) Is entering into this Agreement voluntarily after receiving the advice of counselor after choosing not to consult an attorney; (4) Has given careful and mature thought to the making of this Agreement; (5) Has carefully read each provision of this Agreement; and (6) Fully and completely understands each provision of this Agreement, both as to the subject matter and legal effect of each provision. This Agreement shall become effective immediately as of the date of execution. '."-' 5, It is the purpose and intent of this Agreement to settle torever and completely the interest and obligations of the parties in all property that they own separately, and all property that would qualifY as marital property under the Pennsylvania Divorce Code, Title 23, Section 401(e), and that is referred to in this Agreement as "Marital Property", as between themselves, their heirs and assigns. The parties have attempted to divide their Marital Property in a manner that conforms to a just and fair standard, with due regard to the rights of each party, The division of existing Marital Property is not intended by the parties to constitute in any way a sale or exchange of assets and the division is being effected without the introdnction of outside funds or other , - property not constituting a part of the marital estate, .' " , ~ "~ '_~"''''._'''''' w., ;<1 " It is the further purpose ofthis Agreement to settle forever and completely any obligation under the Pennsylvania Divorce Code relating to spousal support or alimony, 6. Each party represents and warrants that he or she has made a full and fair disclosure to the other of all of his or her property interests of any nature, including any mortgage, pledge, lien, charge, security interest, encumbrance, or restriction to which any property is subject. Each party further represents that he or she has made a full and fair disclosure of all debts and obligations of any nature for which he or she is currently liable or may become liable. Each further represents and warrants that he or she has not made any gifts or transfers for inadequate consideration of Marital Property without the prior consent of the other. Each Party acknowledges that, to the extent desired, he or she has had access to all joint and separate State and Federal Tax Returns filed by or on behalf of either or both Parties during mamage, 7, REAL ESTATE: WIFE agrees to transfer all right, title and interest which she may have in that property titled in HUSBAND'S name and located at 324 Rosemont Avenue, New Cumberland, Cumberland County, Pennsylvania, 17070 and any improvements thereon to HUSBAND and releases all claims which she may have regarding said real estate in accordance with this paragraph. HUSBAND agrees to pay any outstanding payments on the mortgage with Countrywide Home Loans on said property and hold WIFE harmless from any obligations on said payments and indemnifY her if any claim is made against her. WIFE agrees within sixty (60) days from this Agreement to obtain a personal or automobile loan in her name alone, and satisfy the balance of the PSECU home equity loan on said property having a principal balance 4 "-' "- , ,I.""",, 'L,,, '., 0' , ,~;~ .' of approximately $15,500,00 and provide written proof to HUSBAND. Said loan was used for the purpose of purchasing WIFE'S current vehicle as identified in Paragraph 10 below. WIFE shall hold HUSBAND harmless from any obligations on said home equity loan and indemnify him if any claim is made against him. During said sixty (60) day time period, HUSBAND shall be responsible for and pay the monthly installments for September, October, and November. In furtherance of the transfer of all right, title and interest in said real estate, WIFE hereby agrees to execute any and all documents that may be required to convey her interest in said property to HUSBAND or to a third party in the event of a sale of said property by HUSBAND. WIFE waives any right to the proceeds of any sale of said property and agrees that HUSBAND shall retain all of those proceeds. Both parties agree to provide a copy of the PSECU home equity loan statement for 2001 to the other party. The intent of the parties is that HUSBAND shall deduct the interest paid on said loan through November 2001, at which time the home equity loan shall be removed as a lien against said property. 8. SUPPORT: In recognition of the criteria set forth in 23 Pa.C,S.A. S 3701, et. seq., commencing on December I, 2001 and for a period of eighteen (18) months thereafter, HUSBAND shall pay to WIFE as alimony the sum of Three Hundred and no/lOO ($300,00) Dollars on the first business day of each month, Said monthly amount shall not be modifiable even in the event of changed circumstances and shall terminate in the event of either party's death, WIFE'S cohabitation as defined by the Divorce Code, or WIFE'S remarriage, Except as provided herein, the parties hereby waive any right they have to receive support, alimony, or alimony pendente lite payments from the other either prior to or following the entry of the Divorce Decree in this matter. 5 I', ,. .'4"~,-"~".A -, .~' ." '='~'" ""'oi 9, PERSONAL PROPERTY: The parties agree that the personal property has been divided to the parties' mutual satisfaction. WIFE hereby waives all right, title and interest which she may have in any personal property of the HUSBAND, HUSBAND likewise waives any right, title and interest which he has in the personal property of WIFE. Henceforth, each of the parties shall own, have and enjoy independently of any claim or right of the other party, all items of personal property of every kind, nature and description and wherever situated, which are then owned or held by or which may hereafter belong to HUSBAND or WIFE with full power to HUSBAND or WIFE to dispose of the same as fully and effectually, in all respects and for all purposes as if he or she were unmarried. 10, AUTOMOBILES: WIFE hereby waives all right, title and interest in any vehicle that HUSBAND currently owns or may own in the future. and agrees to execute all documents necessary to transfer title of any jointly titled vehicles that HUSBAND may own within thirty (30) days of this Agreement. HUSBAND shall hold WIFE harmless for any and all liability associated with the use and purchase of any vehicle he may own, and shall be solely responsible for all insurance and other financial responsibility associated with said vehicle. HUSBAND hereby waives all right, title and interest in any vehicle that WIFE currently owns or may own in the future, HUSBAND hereby waives all right, title and interest in any vehicle that WIFE currently owns or may own in the future, and specifically agrees to execute all documents necessary to transfer title in the parties' 2001 VW Jetta to WIFE at such time as she shall obtain a personal loan and satisfy the home equity loan identified in Paragraph 7 above, WIFE shall hold HUSBAND harmless for any and all liability associated with the use and purchase of any (, " '<'I -< '--." ,',;,",<' '''<.,,,' ;',;"e"' ""iL\ vehicle she may own, and shall be solely responsible for all Insurance and other financial responsibility associated with said vehicle, 11. MARITAL DEBTS: HUSBAND shall assume all liability for and pay for and indemnify and hold harmless WIFE against the following credit cards and/or loans: 1, Balance in the approximate amount of $2,200.00 to Wolfe Furniture or its financing company; and 2. Loan to HUSBAND from HUSBAND'S parents. Furthermore, the parties hereby agree to remove each other's names from any and all joint debts or obligations, including those specifically listed above, within sixty (60) days of the execution of this Agreement. It is mutually agreed by and between the parties that WIFE shall assume all liability for and pay and indemnify the HUSBAND against all debts incurred by WIFE after the date of separation, WIFE represents and warrants to HUSBAND that since the parties' marital separation she has not contracted or incurred any debt or liability for which HUSBAND or his estate might be responsible and WIFE further represents and warrants to HUSBAND that she will not contract or incur any debt or liability after the execution of this Agreement, for which HUSBAND or his estate might be responsible, WIFE shall indemnify and hold HUSBAND harmless from any and all claims or demands made against him by reason of debts or obligations incurred by her. 7 HUSBAND shall assume all liability for and pay and indemnify WIFE against all debts incurred by HUSBAND after the date of separation, HUSBAND represents and warrants to WIFE that since the parties' marital separation he has not contracted or incurred any debt or liability for which WIFE or her estate might be responsible and HUSBAND further represents and warrants to WIFE that he will not contract or incur any debt or liability after the execution of this Agreement, for which WIFE or her estate might be responsible. HUSBAND shall indemnify and hold WIFE harmless from any and all claims or demands made against her by reason of debts or obligations incurred by him. 12, INSURANCE AND EMPLOYEE BENEFITS: The parties agree that any life insurance policies on the life of HUSBAND or WIFE or any other employee benefits, including but not limited to retirement. profit sharing or medical benefits of either party, shall be their own, WIFE waives all right, title and claim to HUSBAND'S employee benefits, and HUSBAND waives all right, title, and claim to any of WIFE'S employee benefits. 13, BENEFITS AND BANK ACCOUNTS: WIFE and HUSBAND are presently the joint owners of an account with Morgan Stanley Dean Witter containing shares of AOL common stock. Within sixty (60) days of this Agreement, HUSBAND hereby agrees to transfer all right, title and interest in said account to WIFE. Except as provided above, WIFE agrees to waive all R . , <~. '""- ""h right, title and interest which she may have in the savings or checking or any other bank accounts of HUSBAND and likewise HUSBAND agrees to waive all right, title and interest which he may have in the savings or checking or any other bank accounts of WIFE. 14. DIVORCE: The parties both agree to cooperate with each other in obtaining a final divorce of the marriage. It is agreed that the parties will execute and file the consents necessary to obtain the divorce. Any party who fails to cooperate with obtaining the Divorce shall pay all the costs and legal fees of the party who is seeking the divorce. 15. BREACH: If either party breaches any provisions of this Agreement, the other party shall have the right, at his or her election, to sue for damages for such breach or seek such other remedies or relief as may be available to him or her, and the party breaching this comract shall be responsible for payment of legal fees and costs incurred by the other in enforcing their rights under this Agreement. 16. ADDITIONAL INSTRUMENTS: Each of the parties shall from time to time. at the request of the other, execute, acknowledge and deliver to the other party any and all further instruments that may be reasonably required to give full force and effect to the provisions of this Agreement. 9 .-. '" < I _,--,,, ,,' C,'d,;,;'-,' _~"" - ,~' .'< ",;;~ , ' 17. VOLUNTARY EXECUTION: The provisions of this Agreement and their legal effect have been fully explained to the parties by their respective counsel, are fully understood by both parties, and each party acknowledges that the Agreement is fair and equitable, that it is being entered into voluntarily, and that it is not the result of any duress or undue influence. It is the parties' intent that this Agreement does not merge with the Divorce Decree, but rather shall continue to have independent contractual significance. Each party maintains his or her contractual remedies or any other remedies provided by law or statute, Those remedies shall include. but not be limited to, damages resulting from breach of this Agreement, specific enforcement of this Agreement and remedies pertaining to failure to comply with an order of court or agreement pertaining to equitable distribution, alimony, alimony pendente lite, counsel fees and costs as set forth in the Pennsylvania Divorce Code or other similar statutes now in effect and as amended or hereafter enacted, 18, ENTIRE AGREEMENT: This Agreement contains the entire understanding of the parties and there are no representations. warranties, covenants or undertakings other than those expressly set forth herein. 19. APPLICABLE LAW: This Agreement shall be construed under the Laws of the Commonwealth of Pennsylvania. ID 20, 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. 21. PAYMENT OF COSTS: Each party shall be responsible for their own attorneys fees and costs incurred in the settlement ofthe divorce and economic issues surrounding this divorce. 22. WAIVER OF CLAIMS AGAINST ESTATES: Except as herein otherwise provided, each party may dispose of his or her property in any way, and each party hereby waives and relinquishes any 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 in 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, 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, [THE REMAINDER OF THIS PAGE HAS BEEN INTENTION ALL Y LEFT BLANK] 11 '."~ M-,~'~~"~~"'" """"'ji:';( IN WITNESS WHEREOF, the parties hereunto have set their hands and seals the day and year first above written, WITNESSES: ~~ ~t!~ LlhUwc:A ,~ ' HEATHER L. FOX V (SEAL) .Li.lfl n:: RANDALL B. FOX (SEAL) COMMONWEALTH OF PENNSYLVANIA SS: COUNTY OF CUMBERLAND PERSONALLY APPEARED BEFORE ME, thisa{+tcday OfS-ef~ 2001. a Notary Public. in and for the Commonwealth of Pennsylvania and County of Cumberland. REA THER L. FOX, known to me (or satisfactorily proven) to be the person whose name is subscribed to the within Marriage Settlement Agreement, and acknowledges that she executed the same for the purposes therein contained. IN WITNESS WHEREOF, I have hereunto set my hand and official seal. Notarial Sa I Martha L, Noel, Not ie Carlisle 8oro, Cumberland County My Commission Expires Sept. 18, 2003 Member. Pennsvlvama. Association ot Notaries 12 - ""'I -,~l'. , ,","'- ~ ,""",' ''''''': COMMONWEALTH OF PENNSYLVANIA SS: COUNTY OF CUMBERLAND PERSONALLY APPEARED BEFORE ME, thisdY~ day Of~~ 2001, a Notary Public, in and for the Commonwealth of Pennsylvania and County of Cumberland, RANDALL B. FOX, known to me (or satisfactorily proven) to be the person whose name is subscribed to the within Marriage Settlement Agreement, and acknowledges that he executed the same for the purposes therein contained. IN WITNESS WHEREOF, I have hereunto set my hand and official seal. Notarial Seal Martha L, Noel, Notary Public Cal1isle Boro, Cumberland County My Commission Expires Sept. 18, 2003 , Member, Pennsvlv<ini? i'\.ssoci1'!tion at !\jots rif" 1, .'