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HomeMy WebLinkAbout03-2096ADAM VAN ORMER VS. BILLIE JO VAN ORMER Plaintiff Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA No. CIVIL ACTION -- DIVORCE NOTICE TO DEFEND AND CLAIM RIGHTE YOU HAVE BEEN SUED IN COURT. IF YOU WISH TO DEFEND AGAINST THE CLAIMS SET FORTH IN THE FOLLOWING PAGES, YOU MUST TAKE PROMPT ACTION. YOU ARE WARNED THAT IF YOU FAIL TO DO SO, THE CASE MAY PROCEED WITHOUT YOU AND A DECREE OF DIVORCE OR ANNULMENT MAY BE ENTERED AGAINST YOU BY THE COURT. A JUDGMENT MAY ALSO BE ENTERED AGAINST YOU FOR ANY OTHER CLAIM OR RELIEF REQUESTED IN THESE PAPERS BY THE PLAINTIFF. YOU MAY LOSE MONEY OR PROPERTY OR OTHER RIGHTS IMPORTANT TO YOU, INCLUDING CUSTODY OR VISITATION OF YOUR CHILDREN. WHEN THE GROUND FOR THE DIVORCE IS INDIGNITIES OR IRRETRIEVABLE BREAKDOWN OF THE MARRIAGE, YOU MAY REQUEST MARRIAGE COUNSELING. A LIST OF MARRIAGE COUNSELORS IS AVAILABLE IN THE OFFICE OF THE PROTHONOTARY AT THE CUMBERLAND COUNTY COURTHOUSE, 1 COURTHOUSE SQUARE, CARLISLE, PA 17013. IF YOU DO NOT FILE A CLAIM FOR ALIMONY, 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 TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY LAWYER REFERRAL SERVICE 2 LIBERTY AVENUE CARLISLE, PA 17013 (717) 249-3166 ADAM VAN ORMER vs. BILLIE JO VAN ORMER Plaintiff Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA No. CIVIL ACTION -- DIVORCE AVISO PARA DEFENDER Y RECLAMAR DERECIIOS USTED HA SIDO DENIANDADO EN LA CORTE. Si desea defenderse de las quejas expuestas en las paginas signientes. Debe tomar accion con prontitud. Se le avisa que Si nose defiende, el easo puede proceder sin usted y decreto de divorcio o anniarniento puede ser emitido en su contra por la Corte. Una decision puede tambien ser emitida en su contra por cuaiquier otra queja o compensacion reclamados pot el demandante. Usted puede perder dinero, o propiedades u otros derechos importantes para usted. Cuando la base para el divorcio es indignidades 0 rompimiento irrparable del matrimonio, usted puede solicitar consejo matrimonial. Una lista de consejeros matrimoniales esta disponible en la oficina del Prothonotary, en la CUMBERLAND COUNTY COURTHOUSE, 1 COURTHOUSE SQUARE, CARLISLE, PA 17013. SI USTED NO RECLAMA PENSION ALIMENTICIA. PROPIEDAD MARITAL, HONORARIOS DE ABOGADO U OTROS GASTOS ANTES DE QLE EL DECRETO FINAL DE DIVORCJO O ANULAMIENTO SEA EMITIDO. USTED PUEDE PEP, DER EL DERCHO A RECLAMAR CUALQUE1LA DL ELLOS. USTED DEBE LUEVAR ESTE PAPEL A LN ABOGADO DL INMEDIATO. SI NO TIENE O NO PLEDE PAGAR LIN ABOGADO. VAYA O LLAME A LA OFICINA INDICADA ABA JO PARA AVERIGUAR DONDE PUEDE OBTENER ASISTENCIA LEGAL. CUMBERLAND COUNTY LAWYER REFERRAL SERVICE 2 LIBERTY AVENUE CARLISLE, PA 17013 (717) 249-3166 ADAM VAN ORMER BILLIE JO VAN ORMER IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff No. .2Oe//,, Defendant CIVIL ACTION -- DIVORCE COMPLAINT IN DIVORCE 1. The plaintiff is Adam Van Ormer, who currently resides at 804 Erford Road, Camp Hill, Cumberland County, Pennsylvania since June 2001. 2. The defendant is Billie Jo Van Ormer who currently resides at 804 Erford Road, Camp Hill, Cumberland County, Pennsylvania since June 2001. 3. There are no minor children of the parties under the age of 18. 4. Plaintiff and Defendant have been bona fide residents in the Commonwealth for at least six months immediately previous to the filing of this Complaint. 5. The Plaintiff and Defendant were married April 20, 2001 at Enola, Cumberland County, Pennsylvania. 6. There have been no prior actions of divorce or annulment between the parties. 7. Neither party is presently a member of the Armed Forces on active duty. 8. The parties have entered into a written agreement as to alimony, counsel fees, costs, and property division. 9. Plaintiff has been advised that counseling is available and that plaintiff may have the right to request that the court require the parties to participate in counseling. Being so advised, Plaintiff does not request that the Court require the parties to participate in counseling prior to a Divorce Decree being issued by the Court. 10.The cause of action and sections of Divorce Code under which Plaintiff is proceeding are: (a) §3301(c): The marriage of the parties is irretrievably broken; (b) §3301(a)(6): the Defendant has offered such indignities to the Plaintiff, the innocent and injured spouse, as to render Plaintiff's condition intolerable and life burdensome. 11. Plaintiff requests the court to enter a decree of divorce. WHEREFORE, the Plaintiff requests the Court enter an Order dissolving the marriage between the Plaintiff and Defendant. Dated: Respectfully submitted, Timothy J. Co~ WILEY, LENOX & COLGAN, P.C. 1 South Baltimore Street Dillsburg, PA 17019 (717) 432-9666 I.D. #77944 VERIFICATION I, Adam Van Ormer, verify that the statements made in the foregoing Complaint in Divorce are true and correct to the best of my knowledge, information, and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. {}4904, relating to unsworn falsification to authorities. Date: Adam Van Ormer Plaintiff ADAM VAN ORMER VS. BILLIE JO VAN ORMER Plaintiff Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA No. 03-2096 CIVIL ACTION -- DIVORCE AFFIDAVIT OF SERVICE I, Sherry A. Fitzkee, being duly sworn, deposes and says that she is an adult and that she served the within Complaint on the Defendant, at the Defendant's last known address as follows: 804 Erford Road, Camp Hill, PA 17011 by certified mail, restricted delivery, return receipt requested on the 14th of May, 2003. The Certified Mail Receipt and PS Form 38111 are attached hereto, marked Exhibit "A" and made a part hereof by reference thereto. Date: May 27, 2003 COMMONWEALTH OF PENNSYLVANIA : COUNTY OF ~ : WILEY, LENOX, COLGAN ~he~& ~I~ARZZACCO., P.C. rry ~_.,/Fitzkee (.~ On this, the 27th day of May, 2003, before me, a notary public, personally appeared Sherry A. Fitzkee known to me or satisfactorily proven to be the whose name is subscribed to the within Affidavit and acknowledged that she executed the same for the purposes therein contained. WITNESS, my hand and notarial seal the day and year aforesaid. '~J'T.~RY PUB[LI~ My Commission Expires: . _ uill~burg Bom, ~ ~ My ~m~n E~r~ ~y 17, 2~ Postage Certified Fee Return Receipt Fee (Endorsement Required) Restricted Delive~j Fee (Endorsement Required) Total Po~tage & Feee or PO Box No. · Complete items 1, 2, and 3. Also complete item 4 if Restricted Delivery is desired. · Pdnt your name and address on the reverse so that we can return the card to you. · Attach this card to the back of the mailpiece, or on the front if space permits. 1. Article Addressed t(~ II 2. Article Number ~ (Transfer from sen/lc 7 O 0 1 PS Form 3811, August 2001 Is delivery address different from If YES, enter delivery address below: [] No 3. Service Type _ertified Mail [] Registered [] Insured Mail [] Express Mail [] Return Receipt for Merchandise [] C.O.D. 4. Restricted Delivery? (Extra Fee) 1940 0004 1161 1943 Domestic Return Receipt 102595-02-M-1035 EXHIBIT "A" ADAM VAN ORMER BILLIE JO VAN ORMER Plaintiff Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, ?ENNSYLVANIA No. 03-2096 CIVIL ACTION -- DIVORCE 2003. _AFFIDAVIT OF CONSENT 1. A complaint in Divorce under §3301(c) of the Divorce Code was flied on N 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety I 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 i request entry of the decree. I verify that the statements made in this affidavit are tree and correct. I under false statements made herein are subject to the penalties of 18 Pa.C.S. §4904 relati~ falsification to authorities. Date Adam Van Ormer Plaintiff 90) days Ltention to rand that ) unswom ADAM VAN ORMER VS. BILLIE JO VAN ORMER Plaintiff Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, , PENNSYLVANIA , No. 03-2096 CIVIL ACTION -- DIVORCE AFFIDAVIT OF CONSENT 1. A complaint in Divorce under §3301(c) of the Divorce Code was filed on ~ 2003. lay 2, 90) days 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety 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 ittention to request entc¢ of the decree. I verify that the statements made in this affidavit are tree and correct. I underltand that false statements made herein are subject to the penalties of 18 Pa.C.S. §4904 relating[to unswom falsification to authorities. ~' , / ADAM VAN ORMER VS. BILLIE JO VAN ORMER Plaintiff Defendant IN THE COURT OF COMMON I~LEAS OF CUMBERLAND COUNTY, PENNSYLVANIA No. 03-2096 CIVIL ACTION -- DIVORCE WAIVER OF NOTICE OF INTENTION TO REOUEST ENTRY OF A DIVORCE DECREE UNDER SECTION 3301(c) OF THE DIVORCE CODE 1. 1 consent to the entry of a final decree of divorce without notice. 2. 1 understand that I may lose rights concerning alimony, division of property, fees, or expenses if I do not claim them before a divome is granted. 3. I understand that I will not be divomed until a divorce decree is entered by ff that a copy of the decree will be sent to me immediately after it is filed with the Prothon I verify that the statements made in this affidavit are true and correct. I understa statements made herein are subject to the penalties of 18 Pa.C.S. {}4904 relating to unsx~ falsification to authorities. Date Plaintiff wyer' s Court and ~tary. ad that false ADAM VAN ORMER VS. BILLIE JO VAN ORMER Plaintiff Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA No. 03-2096 CIVIL ACTION -- DIVORCE ~WAIVER OF NOTICE OF INTENTION TO REOUEST ENTRY OF A DIVORCE DECREE UNDER 2 .... % ~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, la 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 thc that a copy of the decree will be sent to me immediately after it is filed with the Prothonc I verify that the statements made in this affidavit are true and correct. I understa~ statements made herein are subject to the penalties of 18 Pa.C.S. §4904 relating to unsw, falsification to authorities. Date Court and tary. ~d that false fin Bfllie Jo Va~JO'rmer Defendant APR-I4-2003 2~:44 ~ROM:WILEY LENOX COLGAN 7174J~04~6 T0:14136389877 P.OO3xO14 THIS AG~ is m~e ~s I~ay of ~, I . 2003, by and ~een B~L~ JO V~ O~R (h~er ~f~ to ~ "~E'~ ~fl ADAM V~ O~ ~eina~er ~ ~ ~ "~SB~D"). ~EREAS, the ~ies ~ ~ed on Apr~ 20, 2001 at Enol~ C~rl~d Pe~ylv~ia; W~, the~ ~ no min~ ehil~ bom to ~ p~ie~ d~g ~e ~iage; ~REAS, ~e p~ ~ve ~vio~ly ~te~ ~to a ~n~t~ ~m~t ~ted April 4, 2003 w~ch ~c p~cs ~lievc ~ bca vflid and ~o~able a~cment; ~, ~ p~es ~sh to ~ ~t ~cnt ~d s~lem~t ~t a~mcm wi~ ~e t~s con~ncd hcm~ but ~ no ~y ~ ~c ~ios seeking to ~sc u.~n one mio~cr any ~ obli~t~on than that m which they ~ve ~ready a~ in ~e Ap~l 4, 2003 doc~cm; WHE~AS, in order for ~ to ~fl~ the m~e on bcli~e ~t they am in need ora mom focal a~ement than the Apdl 4, 2003; W~, ~SB~ ~s m file a Comp~t ~ Divorce ~ ~e ~da~d Coif Co~ or'Common Ple~; ~RE~ div~ ~py ~mn~s, ~pu~s ~d d~cul~cs have ~isen bc~ccn pa~cs ~d it is the in~n~on of H~b~d ~ Wife m five ~tc ~d ap~ for &e rest of ~ek n~ fives, ~d ~ p~ies desire to ~I~ fully ~d finally their msp~ctiv~ fi~ncial ~d pmpc~ ~ ~d obfigafiom ~ ~wccn each o~ inc]~ing, ~thout limita~on by sp~ification; settling FROM:WILEY LENOX COLC~qN 7174~4~6 TO:141~6~SDB?? P.004~014 of all matters between them relating to the owncrshlp and equltablc distribution of real and pez~oual property; settling of all matters between them relating to the past, present, and future support, alimony and/or maintenance of Wife by Husband or of Husband by Wife; and in general, thc settling of any and all claims and possible claims by one against ~he other or against their respective estates. NOW, THEREFORE, in consideration of the premises and of the mutual promises, covenants and undert~ldngs hereinat~r set forth and for other good and valuable consideration, receipt ct'which is hereby acknowledged by each of the parties hereto, HUSBAND and WIFE, each intending to be legally bound hereby covenant and agree as follows: 1. 1NTE'RFRR'KNCE: Each party shall be flee bom interference, authority, and contact by the other, as fully as though he or she were single and unmarried, except as may be n¢c, essaty to car~ out the provisions of'this Agreement. Neither party shall molest the other or attempt to endeavor to molest the other, nor compel thc other to cohabitato with thc other, or in any way harass or malign the other, nor in any way interfere with the peaceful existence, separate and apart ii'om the other. 2, AGREEMENT NOT A BAR TO DIVORCE PROCEEDJNG~; This Agreemem shall not be considered To affect or bar the right of I-IUSBAND or WIFE to a divorce on lawful grounds as such grounds now exist, or shall hereag, or exist or to such detimae 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 part of thc other party which have occasioned the disputes or unhappy ditlLn'ences which have occurred prior to or which may occur subsequent to the date hereof. 3. 8UBSEOUElqT DIVOI~CE: The parties hereby express thei~ agreement that the marriage is irretrievably broken and upon execution of this Agreement shall execute any and all Affidavits or 2 RPR-~4-2003 ~2:44 FROH:WILEY LENOX COL~RN T1743204~6 T0:141~89@?? P.005/014 other documents necessary for thc parties to obtain an absolute divorce pursuant to Section 330 l(c) or 3301(d) of thc Divorce Code and deliver same to counsel for HUSBAND. The parties hereby waive all rights to r~cluest court ordered counseling under the Divorce Code. It is further s~eifie, aily understood and agreed by thc la/m/cs that thc provisions of this Agrecmcm as to equitable distribution of property of the pa~ties are accepted by e~h ~ ~ a final sottlement for all purlaoses Whatsoever, as contemplated by the Pennsylvania Divorce Code and shall be incorporated but not merged into the Decree in Divorce. 4. EFFEC'WIV~ DATE~ Thc cffccfivc date of this Agreement ~hall be Ibc "date of execution" or "execution date," dcfinc~l as the date upon which it is executed by thc parties if they have each executed this Agreement on th~ same date. Otherwi~, the "date of execution" or "execution date" of this Agreement shall be' defined as the date of execution by the party last executing this Agreement. 5. ~ISTRIBUTION DATE: Thc mugger of property, funds and/or documents providod for l~rei~ shall only take pl~: on the "dislribution" date which shall be defined as the date of execution of this Agreement unless otherwise specified herein. 6. MUTUAl, 1,1F~I ~EAg~; HUSBAND and WIFE each do hereby mutually rcmise, release, quit-claim and forever discharge the other and the estate of such other, for all time to come, and for ail purposes whatsoever, of and from any and all rights, title and interest, or claims in or agains~ the property (including income and gain from .property berea~cr accruing) of the other or against the estate of such other, of whatever nature and wheresoever situated, which he or she now has or at any time bereai~er may have against thc other, the estate of such other or any part hereof, whether arising out of any former acts, contracts, engagements or liabilities of such other or by way of dower or courtesy, or claims in the nature of dower or courtesy or widow's or widower's rights, family APR-~4-~003 22:44 FROM:WILEY LENOX COLGAN 71T4320426 TO:141~3898TT P.006/014 exemption or similar allowance, or under ~e intestate laws, or thc right to take against the stgmse's will; ortho right to ~rcat a lifctimc conveyance by thc other as a testamentary, or all other rights of a surviving ~ponsc to participa~ in a deceased spousc's estate, whc~her arising under thc laws of(a) Pennsylvania, (b) any State, Commonwealth or territory of the United States, or (c) any country or any rigl~s which either party may have or at any time hcreat~r shall have for past, pre~ent or future support or maintenance, alJ,-nony, alimony pendente lite, counsel f~es, division ofp~op~rty, costs or cxpcnscs, whcthcr arising aa a r~sult of thc marital r~lations or othcrwi~e, cx~p~, all rights and agreements and obligations of whatsoever nature arising or which may arisc under this Agreement or for the breach of any provisions thereof. It is the intention of HUSBAND and W1FE to give' each oth~ by the cxecutlon of thls Agrecmenta full, complete and general release with respect to any and all property of any Lind or nature, ~ l~rsonal or mixed, which the other now owns or may hcr~aflcr acquire, except ~ only except all rights and ag~mcnts and obligations of whosoever nature arising or which may arise under this Agreement or for the breach of any provision thereof. It is further agreed that this Agreement shall be and constitute a full and final resolution of any and all claims which ~ch of the patties may have against the other for ~quitable division of property, alimony, counsel f~es and expends, alimony pend~te lite or any other claims pursuant to tho Pennsylvania Divorce Code or the divorc~ laws of any other jurisdiction. 7. REPRESENTATION BY COUNSEl,: This agreement has been prepared by Timothy J. Colgan, Esquire, counsel for HUSBAND. At the commencement of and at all stages during thc negotiation of this Agreement, WIFE has been tnfbrmed that Timothy J. Colgan, Esquire has acted solely a~ coun~l for HUSBAND and has not advised nor represented WIFE in any munacr whatsoever. WIFE, a! the commencement of and at all stages during the n~go~iatioa of this 4 APR-~4-800~ 82:45 FROM:WILEY LENOX COLGAN 7174380426 TO:I4136389877 P.007~014 Agreement l~s bo~n advised that shc could bo represented by coumcl but at all times has elcc~cd not to be so represented. WIFE has read this Agreement carefully and thoroughly, fi~lly understanding each of its provisions, and therefore signs it clearly and volnntarily. Thc parties acknowledge that th~ Agr~ment is not thc result of any duress, undue influence, coc~ion, collusion and/or improper or illegal agreement. The parties furthcr aclmowlcdge that they have each made to the other a full and complete disclosurc of their re$tx:ctive asse~, estate, liabilities, and sources of income and that they waive any specific enumeration thereof for the purposcs of this Agreement. 8. WARRANT3( A,q TO EXL~TIN(~; OBLIGATIONS: Each party represents that they have not hcretoforc incurrcd or contractcd for any debt or liability or obligation for which the estate oftbe other party may be responsible or liable except as may be provided for in this Agreemem. Bach party agrees to indemnLfy and hold the other party harmless for and against any and all such debts, liabilitics or obligations of every klnd which may have heretofore been incurred by thcm, including those for Deccssities, cxccpt for thc obligations arising out of this Agrccmcnt. 9. WSRRANTY A.q TO FUTURE OI~I,IGATION,q: HUSBAND and WIFE covenant, wan'ant, represent and agree that, with the exception of obligations set forth in this Agreement, neither of them shall hcrea_f~cr incur any liability what~oe, ver for wh{ch tl~ cstatc of thc other may be liable. Bach party shall indemnify and hold harmless thc othcr ~ for and agMnst any mid all debts, chargcs and liabilities incurred by the other after thc cxccution datc of this Agrccmcnt, cxccpt as may be otherwise specifie.~Jly larovided for by the temps of this Agreement. 1O. PERSONAL PROPI~R~.TY AN~ DEBTS: Thc parties shall dlvidc betwcen them, to their mutual satisfaction, thc laersotlal effects, household funfiturc and furul, ahing$, and all othcr 5 APR~4-2003 22:45 FROM:WILEY LENOX COCGAN ?I74J204~6 TO:14136389877 P.008/014 articles of personal prope~y which have heretofore been used by ~em in common. It is specifically intended that WIFE retain the sectional sofa fi'om the mari~l residence. HUSBAND waives all right, title and interest to said sectional sofa. Once the parties have divided th~ personai~y b~tween ~ ¢~ch of the parties hereby specifically waives, releases, renounces and tbrcver abandons whatever claims he or she may wi~h respect to any personal propen'y possessed by the other, and which shall become the sole and separate pwperty of the other fi~om thc date of division fo~vard. Thc pertics h~ve e~ch accu~nul~ted credit card debt during the marriage. The parties agree that e~ch shall be responsible for their own credit card debt and ~ ~o indemnify ~ud hold harmless the other p~'y r~garding any debt incurred by them d~mg ~hc marriage. AddRionslly, HUSBAND has incurred a $5,000.00 personal loan. HUSBAND agrees to be wholly responsible for ~ debt and agrees to indemnlf~ and hold WIFE harmless for Hi* debt. 11. I~EAI, PROPERTY; The pexfies jo~tly own real estate situate at 804 Erford Road, Camp Hill, Cumberland County~ Pean~lvania. The approximate value oftbe home i~ $§2,000.00/~'~ and the mo~g~ge on the home has an approximate balance of $82,600.00. WIFE intends to refinancc the property. Upon WIFE'* refimmce, HUSBAND agrees to traasfcr all right, title and interest in said property to WIFE by signing a special warranty deed transferring the property from HUSBAND a~t WIlE tv ~ individually. Said deed shall be held in escrow by FSJSBAND's attorney pending WIFE's refinance of thc rostdancc.~IlE agrees to refinance the mortgage on said property within ~0 days of ~o ~ste ~ffsi~i~ ofthi~ Should WIFE choose not to ret]nance the proparty into h~r own name Or be unalike refinance the property into her own name wlthi~ o~ says ~rom tim s~f~iag of tl,;~ Ais~omsnt, 6 APR=14-200~ 28:45 FROM:WILEY LENOX COLGAN T174~20426 T0:14136389877 P.OOgX014 HUSBAND shall re'finance the property. Upon HUSBAND's refinance, WIFE agrees to ~'~ns F~' all right, title and interest in said properly to HUSBAND by sj~nln~ a special warranty deed mmsferfing the property from HUSBAND and WIFE to HUSBAND individually. Said deed shall be held in escrow by HUSBAND's attorney pending HUSBAND's refinance of the residence. If WIFE is unable to refinance the property as described above, HUSBAND agrees to reflannee the mortgage on said properly wtthm 120 days of tim dat~ of oigning ,,fllJi~ The patty residing in the property shall be responsible for all payments a~soeiated with the property including but not limited to mortgage, taxes, utilities, and upkeep, 12. ]~ANK ACCOL~TS; HUSBAND and WIFE acknowledge that they each posse~qs certain bank aceouals and the like in their tespaefive names. They hereby agree that each shall bccome sole owner of their respective accounts and they each hereby waive any interes~ ha. or claim to, any held by the other in any accounts, 13. MO2~OR Vi~BICLE$: With reSl~eCt to the motor vehicles owned by one or both ofth¢ parties, each party shall retain as his or her sole and selmrate proper~y the vehicle now |n big or h~r possession. The parties shall ex.ute the fi'ties necessary to transfer owne~sh~l~ of the vehicles. Each party retahaing a vehicle agrees to indemnify and hold the other harmless fi'om any and all claims resulting From use, operation, or financing of the vehicle. 14. PEN~JON$~ AN~.$ AND/OR RETIREME. NT B~N-E~FITS: The parties deny the erdstenee of any retirement benefits accumulated during the marriage. However. to thc extent that any retiremem benefits exits, the parties hereby expressly waive, discharge and release any and all fight, title and interest for any ¢l~m which they amy have with respect to any refiremen'~ plans o£the other. 7 APRZ14-8005 82:46 FROM:WILEY LENOX COLSAN 7174380486 T0:I41~6389877 P.O10xO14 15. AFTER-ACOUIR~rl PROPERTY: Each of the parties shall hereaRer own and enjoy, independently of any ckaim or right of the other, all items of property, be they real, personal or mixed, tangible or intangible, which are hereafter acquired by him or her, with flail power in him or her to dispose of the same as fully and efl~fively, in all respects and for all purposes as though he or she were unmarried. 16. INCOFI'$ TAX: The parties have heretofore filed joint Federal and State tax reruns. Both parties agree that in thc event any deficiency in Federal, Stag or local income tax is proposed, or any assessment of any such tax is made against either of them, each will indemnify and hold harmless the other from and against any loss or liability for any such tax deficiency or assessment and any interest, penally and expense incurred in connection therewith. Such tax, interest, penally or cxpcnsc shall be paid solely and entirely by the individual who is finally determined to be the cause of thc misrepresentations or thilures to disclosc thc nature aud extent of his or her separate income on the a'lbre~id joint returns. 17. ),PPI.ICABILITY OF TAX LAW TO PROPERTY TRANSFERS: Thc parties hereby agree and express their intent that any transi~:f of property pugSugtnt to this Agreement shall be within thc scope and applicabiil~t of thc Deficit Reduction Act of 1984 (hereinafter thc "Act"), specifically, thc provisions of said Act pertaining to the transfers of property between spouses and former spotc~es. The parties agree to sign and cause to be filed any elections or other document~ required by the Internal Revenue Service to render the Act applicable to the transfers se~ forth in this Agreement without' recognition olvgaln on such transfer and subject to the catry..ovcr basis provisions of said Act. 18. WAIVE~R QF ALIMONY: HUSBAND and WIFE rccognizc and acknowledge that thc 8 AP~14-2003 22:4~ F~OM:WILEY LENOX COL~AN ?17432~2~ T0:1413~3Bg~77 P.OllZ01~ foregoing provisions for their individual benefit are satisfactory wi~h regard to spousal support and maintenance, past, present and future. The parties release and discharge thc other absolutely and forever for thc rest of their lives from all claims and demands, past, present or future, for alimony, alimony pendentc lite or for any provision for support or maintenance. The parties further acknowledge ttmt in consideration of the transfers made herein each completely waives and relinquishes any and all e]nimg and/or demands they may now have or he~ have again,q the other for alimony, alimony pendente lite, spousal support, counsel fees and court costs. 19, EFFECT OF DIVORCE DECREE: The pa,'ties a~ that, excep'~ a,s otherwise specifically provided herein, this Agreement shall continue in ~ force and effect after such time as a f~na] Decree in Divorce may be entered with respect to the pzrties. 20. BREACH: If either party breaches any provlsion of thls Agreemco~, the other party shall have the right, at his or her election to sug for damages for such breach or seek such other ~'emedics or relief as may he available to him or her, and the pa~y brea~hing this contrv, c't shall be responsible i~r payment of reasonable legal fees a~d costs inCtLrred by the other in enforcing their rights under this Agreement. 21. WAIVER OF CL,~IMS: Except as herein otherwise provided, each party may dispose of bis or her property in any way, and each paRy hereby waives and relinquishes any and all rights he or she shall now have or hereafter acquire, under thc present and future laws of a~y jurisdiction, to ~hare in thc property or the estate of thc other as a result oftbe marital relationship, including without limitation, dower, coertesy, statutory allowance, widow's allowance, right to take in in~estacy, right to g~ke against the WRI of the other, and the fight to act as administrator or executor of the other's estate, and each will, at thc request of thc other, execute, acknowledge and deliver any 9 APRil4-8003 22:46 FROM:WILEY LENOX COLGAN 7174J20486 T0:14138389877 P.012/014 and all in~Xruments which may be ncccssary or advisablc ~o carry into effect this mat~al ~iver and rcliaquishmcnt of such intcrests, fights and ciaim~. 22..]E,I~IRE AGREEMENT: This Agreement contains the entire ~mde~tandlng of the paxtics and there are no representations, warranties, covcnan~ or undcrtaking~ other than those expressly set forth herein. 23. AGREF~MENT ~IN-DING ON HEIRS: This Agreement shall be binding and shall inure to thc benefits of thc parties hereto and theh- respeativ¢ heirs, executors, administrators, successors and assignS. 24. ADDITION.Al, INSTRUMENTS: Each ofth~ pm'tics shall from time to time, at thc request of the other, execute, acknowledge and deliver to thc other any and all further insmamcnts flutt may be reasonably required to give full 'force and effect to the provisions of this Agreement. 25. VOID CLAUSES; If any t~i~ii, condition, cla~e or provlslon of this Agreement shall bc determined or declared to be void or invalid in law or otherwise, then only that term, condition, clause or provision shall be stricken fi'om this Agreement and ia all other respects this Agreement shall bc valid pad continue in full force, effect and operation. 26. INDEpEN1)RNT SRPA RATE COYENANTS: It ts specitically understood and agreed by and between the parties hereto that each paragraph hereof shall be deemed to bc separate and Ludependan! Agreement. 27. FINANCIAl. DIgCLOSURE: The pm'tics eonfitra that they have relied on the completeness pad substantial accuracy oftbe financial discinsure of the other as an inducement to thc cxecutinn of this Aggcmeat. The pm'ties acknowledge that there has bcca ac lbrmal discovery 10 APRZ14-200~ 88:46 FROM:WILEY LENOX COLGAN 7174320426 TO:14116389877 P.O13xO14 conducted in their pending divorce action and that neither paw/has filed an inventory and appraisement az required by Section 3505(b) of the Pennsylvania Divorce Code. Notwithstanding the fbregolng, the rights ofelther party to pursue a claim for equitable distribution, pursuant to the Pennsylvania Divorce Code, of any interest owned by the other pazty in an asset of any nature at any time prior to the date of exeention of this Agw. ement that was not disclosed to the other party or his or her counsel prior to the date of the within Agreement Ls expressly reserved. In the event tim1 either party, at any thne hereafter, discovers such an undisclosed asset, the party shall have the fight to petition the Court of Common Pleas of Cumberland County to make equitable disL4.bufion of said asset. Thc non-disclosing party shall be responsible for payment of counsel fees, costs or expenses incurred by the other party in s~eking equiteble distribution of said asset. Notwithstanding the foregoing the Agreemem shall in all other respects remain in full force and effect. 28. MODIFICATION AND WAIVE:R: A modificattion or waiver of any of the provisions of this Agreement sl~ll be effective only il'made in writing and executed with the same formality as this Agreement, The failure of either party to insist'upon strict performance of any of the provisions ofthi~ Agreement shall not be construed as a waiver of any subsequent defaults of the same or similm' nat'me. 29, I)E$CRIPTIVE HEADI'NG$: The descriptive headings u..,~d herein axe for convenience only. They shall have no affect whatsoever in determining the fights or obligations of the parties. 30. APPI',ICA'RI.E LAW: This Agreement shall be construed under the laws of the Commonwealth of Pennsylvanla and more specifically under the Divorce Code of 1980 and any amendments thereto. IN WITNESS WHEREOF, the parties hereto, after full dislocate, intending to be legally 11 APRZI4-2003 88:47 FROM:WILEY LENOX COLGAN 7174380426 TO:1413~89877 P.014~014 bound, have signed, scaled p. nd acknowledged this Stipulation. SIGNED, SEALED AND DELIVERED IN THE P~ESENCE OF: 12 ADAM VAN ORMER VS. B1LLIE JO VAN ORMER Plaintiff Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA No. 03-2096 Civil Term CIVIL ACTION -- 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. Grounds for Divorce: Irretrievable breakdown under Section 3301(c). 2, Date and manner of service of the Complaint: By U.S. Mail. certified, return receipt, restricted delivery, on May 14. 2003. 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: August 15. 2003; By Defendant: August 14. 2003, (b) (1) Date of execution of the Affidavit required by Section 3301 (d) of' the Divorce Code: (2) Date of filing and service of the Plaintiff's Affidavit upon the Respondent: 4. Related claims pending: All related claims were resolved by a Marital Settlement Agreement dated April 15. 2003. Said Marital Settlement Agreement is being filed simultaneously with this Praecipe. 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 Plaintiff's Waiver of Notice in Section 3301(c) Divorce wasfiled with the Prothonotary: August 20. 2003: Date Defendant's Waiver of Notice in Section 3301(c) Divorce was filed with the Prothonotary: Filed August 20, 2003. Date: By: IN THE COURT OF COMMON OF CUMBERLAND COUNTY STATE OF PENNA. ADAM VAN ORMER, Plaintiff PLEAS VERSUS BILLIE JO VAN ORMER, Defendant NO. 03-2096 Civil Term DECREE IN DIVORCE AND NOW, DECREED THAT AND /-~ , 2003 ,IT I$ OrDErED AND Adam Van Ormer _, PLAINTIFF, Billie Jo Van Ormer ,DEFENDANT, ARE DIVORCED FROM THE bONDS OF MATRIMONY. THE COURT RETAINS JURISDICTION OF THE FOLLOWING CLAIMS WHICH HAVE BEEN RAISED OF RECORD 1N THIS ACTION FOR WHICH A FINAL ORDER HAS NOT Yet BEEN ENTERED; The terms and provisions of the Marital Settlement Agreement signed by both parties on April 15, 2003, are hereby incorporated but not merged in the Decree in Divorce, and remain binding upon the parties. /----~P ROtH O NOTARY IN THE COURT OF COMMON PLEAS OF CU1V[BERLAND COUNTY, PENNSYLVANIA Plaintiff : Vs : File No. Defendant : IN DIVORCE NOTICE TO RESUME PRIOR SURNAME Notice is hereby given that the Plaintiff/defendant in the above matter, [select one l~y marking "x"] __ prior to the entry of a Final Decree in Divorce, or ~ aftertheentryofaFinalDecreeinDivorcedatedO~- ©L/-©~5, hereby elects to resume the prior surname of [9,) ~_Ck,J ¢ C ~ and gives this written notice avowing his / her intention pursuant to the provisions of 54 P.S. 704. ~/Signature ignaturO of name being resumed com omw Ti OF__P NNS¥ .V '4I ) COUNTY OF hogq ~ Onthe J~fl'~yof ,~C~r~ ,20~f~_,beforeme, the Prothonotary or the notary public, personally appeared 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. In Wimess Whereof, I have hereunto set my hand hereun'Io set my hand and official Nota~ PaNic NOTARIAL SEAL [ CLAUDI,~, A. BREWBAKER, NOTARY PUBLIC Carlisle Boro, Cumberland County My Commission Expires April 4, 2005