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Home My WebLink About01-2535 FX i'(r ,1',>;', ' "~,,,..,, ~. . . . . . ot:ot: ot:ot: if. .. . if.if.if. if. :foot: ot: ot: . . . . .. ~. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . IN THE COURT OF COMMON PLEAS . . . . . OF CUMBERLAND COUNTY PENNA. . STATE OF . . . . CHARLES B. ALLEN. Plaintiff No. 01-2535 CIVIL TERM . . . VERSUS . . . . . . . . . . JULIE K. ALLEN. Defendant . . . . . . DECREE IN DIVORCE . . . . o:t c..:3~ A."'. 2001 , IT IS ORDERED AND . AND NOW, ~/~ . . . . . . . . . . CHARLES B. ALLEN DECREED THAT , PLAINTIFF, JULIE K. ALLEN AND , 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 attached Prooertv Settlement Aureement dated June 7. 2001 shall be Decree in Divorce. . .. . . . . . . . BYT~ ATTEST: . . . . . . . . . . PROTHONOTARY . .. ot:if.:f.if. :foif. ff. ff. . . :f. :f.ff. ff. '--. -.",-.j "1-1 " , . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . J. . . . . . . . UiI'm "<'1'":;", ~". '-,- ~'__~V""";" ~W,'"' O"~~""~'" ~iil.i\!l~j~!i1II!i-'~= ~,~,~, ,-~~~"" "~4'" " ~ '.. ~~ t"/.s.t:I/ g' /$r.o/ "--"~- "j' ' .' ." , M~~~4-~ ~~~7!~< ,~ , , u~ ~,." " _. a , -......... ~~. ~ . ~- ,-~ Johnson, Duffie, Stewart & Weidner t By: Keirsten W. Davidson LD. No. 78243 301 Market Street P. O. Box 109 Lemoyne, Pelll1sy1vania 17043-0109 (717)761-4540 Attomeys for Plaintiff Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO.DI - .:?~J.s CIVIL TERM CHARLES B. ALLEN, v. CIVIL ACTION - LAW JULIE K. ALLEN, IN DIVORCE Defendant NOTICE TO DEFEND AND CLAIM RIGHTS 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 pages 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, Carlisle, Pennsylvania. IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY, LAWYER'S FEES OR EXPENSES BEFORE THE 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 Bar Association 2 Liberty Avenue Carlisle, Pennsylvania 17013 Telephone: (717) 249-3166 i?,: ,~"'_;' "_, _ ~~_.___'" .... __~ v_ ~,- - ~- r- - Johnson, Duffie, Stewart & Weidner · By: Keirsten W. Davidson LD. No. 78243 301 Market Street P. O. Box 109 Lemoyne, Pennsylvania 17043-0109 (717)761-4540 Attomeys for Plaintiff Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 0 /. :I :(3 Y CIVIL TERM CHARLES B. ALLEN, v. CIVIL ACTION - LAW JULIE K. ALLEN, IN DIVORCE Defendant COMPLAINT IN DIVORCE UNDER SECTIONS 3301(c) OR 3301(cO OF THE DIVORCE CODE AND NOW, comes the Plaintiff, Charles B. Allen, by and through his attorneys, Johnson, Duffie, Stewart & Weidner, and files the following Divorce Complaint against the Defendant, Julie K. Allen: 1. The Plaintiff is Charles B. Allen, an adult individual, residing at 710 Barbara Street, New Cumberland, Cumberland County, Pennsylvania 17070. 2. The Defendant is Julie K. Allen, an adult individual, residing at 7760 Bull Road, Apt. #1 Lewisberry, York County, Pennsylvania 17339. 3. The Plaintiff and Defendant were married on April 16, 1988, in Dauphin County, Pennsylvania. 4. The Plaintiff and Defendant have been bona fide residents of the Commonwealth of Pennsylvania at least six months immediately prior to the filing of this Complaint. 5. There has been no prior action for divorce or annulment of marriage between the parties in this or any other jurisdiction. 6. The marriage is irretrievably broken. -~'-~ ,~"" . ,~,- "_li"',_~.._ "'". ?;~^".~__'""_"__" o=J~I~_._ - " ~-~~ -~. -~- ~ , r - 7. The Plaintiff has been advised of the availability of marriage counseling and he may have the right to request that the Court require the parties to participate in counseling. WHEREFORE, the Plaintiff respectfully requests that your Honorable Court enter a decree of divorce under Section 3301 (c) of the Divorce Code. COUNT 11- EQUITABLE DISTRIBUTION 8. Plaintiff incorporates herein by reference, the allegations set forth in Paragraphs 1 through 7 inclusive, of the Complaint as if the same were set forth herein at length. 9. Plaintiff and Defendant have legally and beneficially acquired certain real and personal property during their marriage. WHEREFORE, the Plaintiff respectfully requests that your Honorable Court equitably divide all marital property. JOHNSON, DUFFIE, STEWART & WEIDNER BY:~WW) Keirsten W. Davidson - : 145322 '?>'_nn ~", .__~ "_"_."_",',,,,",.>,\",.._,,,, ,., _."",,","''''_ " .. VERIFICA TION I verify that the statements made in this Complaint are true and correct to the best of my knowledge, information and belief. I understand that false statements made herein are made subject to the penalties of 18 Pa. C.S.A 94904, relating to unsworn falsification to authorities. Date:04-u-or ~~o,. rles B. Allen '!;!! "', ",' '" ',,-,-, "_.';" ,. "C", ,~ ," ,_0_', 1.',1"'''' "" __"CO ~. =~_ ~ - '- .,'~-' ~. -- ,. -,,' , ,. "~~__"''''~"_''''_.'"'Y.__ ''''',", c~~_,~, ,_ ,_~~__~___,_ "~,=~<." ~ 6,. "- ~ l ........ ........ 0() " ~ ~ lr) h ~ 0 C> 0 8 0 (} c 0 c.J ~ s:: -n - CY ""Dc' ",. ....., m,l.' " ~'?~'?J .... ~ I -;.-[JJ ;:;0 t'> J z(C (..., -: I rT; ~ ~ i (/) -" 0 86 &..t -<:?.: .':b ~c -u > ~,~ "T, R ~ zQ ::r ;;:-:;;:...,., ~ j>U ::';::C) C w c5rn z _oj r =<! ;'-' 55 (J"\ -< f ~ _ fI..., ~ "'. ~1l'IW'II\!l~flli\~~~\Wl'i~\'I1'~'__mVI'l)j'_'>><~~ljf~!",~'*!1-~~~!~'!1ll!!!!!--""".,",~~ '" I ,,' Johnson, Duffie, Stewart & Weidner i By: Keirsten W. Davidson J.D. No. 78243 ,301 Market Street P. O. Box 109 Lemoyne, Pennsylvania 17043-0109 (717) 761-4540 Attomeys for Plaintiff Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 01-2535 CIVIL TERM CHARLES B. ALLEN, v. CIVIL ACTION - LAW JULIE K. ALLEN, IN DIVORCE Defendant CERTlFICA TE OF SERVICE I hereby certify that on the 2nd day of May, 2001, that I served a true and correct copy of the Complaint in Divorce upon the Defendant, Julie K. Allen, by certified mail, restricted delivery, to her mailing address at 7760 Bull Road, Lewisberry, Pennsylvania 17339, return receipt requested, attached hereto and made a part hereof. JOHNSON, DUFFIE, STEWART &WEIDNER Date: May 10, 2001 BY:~W(~ Keirsten W. Davidson :145322-6 "_'f~~ '''''"'1j--., _ ,_ _,~_ ~_,~" .'7'1.""'''' "__1'1< _ _. ..." '! ~ .. - ~ -~ --- U.S. Postal Service :. 1 CERTIFIED MAIL RECEIPT : I~ (Domestic Mal1 bnly; No Insurance Coverage Provided} r , . f .J] ." I"'- Cl .J] ", U'J'_ U'J . Postage $ CertifledFee U'J r1J Cl Cl Return Receipt Fee (Endorsement R~ulrEl"d) Restricted Delivery Fee (Endorsement Required) Cl Cl .J] Cl Cl Cl Cl I"'- Total Postage & Fees $ _~~ll~l:.:j{~_~(JlllE~.~~~_~~~~~~:~':~::~_____. S'fj:X;;cti1/1It"J(d.~_.._________:_:::.~:._.:.__..::~_:____.._.____.m -caY:Stat~ ~P+I# .- -- n ? 3 Complete items 1, 2, and 3. Also complete item 4 if Restricted Delivery Is desired. . Print your name and address on the reverse so that we can return the card to you. . Attach this card to the back of the mail piece, or on the front if space permits. t Article Addressed to: ~ Ms. JUli-e h. -Allen '11&;0 8lJ I I foad Le0J7Sbe('(ft fA /1 S3Q . 3. Service Type ~rtifiedMaiJ o Registered o Insured Mail o Express Mail o Return Receipt for Merchandise - DC.O.O,_ 4. Restricted Delivery? (Extra Fee) t;( Yes 2'1Zioo6tm:W()a55S~(6i 67J'&': PS Form 38., ." .JuJy ., 999 Domestlc J:letum Flecelpt 11; i ill! I , 102S0S..gg_M-1789 ~ " ES KR " IlII!'!J.!lI!WI" ~ ~ -"lJi'" , ~, _l"{,~" , ~_~~M!l.l" "' "' ~,"., --. .. '" <.. ""~,,,"~-,..,, ,"',"",. mliWlIi'ilr',' r () c: <: -OCi.; iiI!" ;2',';1 ZC ~i:. r--,. ~;.-. ~c:: ~~- ;PC ~ ~ , C) ~;~ :r: ~:~ r.- ~~~;R!.!Iiii'tIiI_~,~i!),-_~'j!lll\'!'I'!'llil"ffi''ffiW51'!l!W~~~~~ ~,,''7''''''''~ Johnson, Duffie, Stewart & Weidner . By: Keirsten W. Davidson LD. No. 78243 301 Market Street P. O. Box 109 Lemoyne, Pennsylvania 17043-0109 (717)761-4540 Attomeys for Plaintiff Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 01-2535 CHARLES B. ALLEN, v. CIVIL ACTION - LAW JULIE K. ALLEN, IN DIVORCE Defendant AFFIDA VlT OF CONSENT 1. 30, 2001. A Complaint in divorce under Section 3301(c) of the Divorce Code was filed on or about April 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety days have elapsed from the date of filing and service the Complaint. 3. I consent to the entry of a final decree in divorce after service of notice of intention to request entry of the decree. 4. I have been advised of the availability of marriage counseling, understand that the Court maintains a list of marriage counselors and that I may request the Court require my spouse and I to participate in counseling and, being so advised, I do not request that the Court require that my spouse and I participate in counseling prior to the divorce becoming final. 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. 94904 relating to unsworn falsification to authorities. Date: August 8, 2001 ~ :146837 1- '. , ~ ", ' ,_. _l",,,,,!'I!I~_' _',_ ~ _ e, ", ~ , !Il 'OJ)! ~. " __!!Il!I\lI'~,," ~=~~. =Ni!If"<;J~ ~~_.. ". "' ,- ,~ -~-- -~, -" - ~~.. '~",~-~.-- r,o _~, N. ~-"&'~' """,",U,. 0 Cl 0 C ,., ~:;: ):>0 '--1 "'DO:; c:: n-r- nlrT1 G") :';;;,:n Z:r zs I ~T?~j C/J_,:: v:J -<.[ ~S~ ~C'i :;:a )>0 :x Z..; >~ to:.:in1 ~ --1 t::" ;;0; ,!;:" =< ~~~~~'~l~~\'9;W.!"'m'Ji!~f!t'fil~:I;ji!f~~~~~ ._1Jm,F'_'U,~ Johnson, Duffie, Stewart & Weidner . By: Keirsten W. Davidson J.D. No. 78243 301 Market Street P. O. Box 109 Lemoyne, Pennsylvania 17043-0109 (717)761-4540 Attomeys for Plaintiff Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 01-2535 CHARLES B. ALLEN, v. CIVIL ACTION - LAW JULIE K. ALLEN, IN DIVORCE Defendant WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER SECTION 3301(cl OF THE DIVORCE CODE 1. I consent to the entry of a final decree in divorce without notice. 2. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if I do not claim them before a divorce is granted. 3. I understand that I will not be divorced until a divorce decree is entered by the Court and that a copy of the decree will be sent to me immediately after it is filed with the Prothonotary. I verify that the statements made in this Affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. 94904 relating to unsworn falsification to authorities. Date: August 8, 2001 ~\:~ :146837-2 .'-"':'K;;l -~ " " - ~ . " - __, , ,_~: '" "_,""" , , _m''''1 'f", ',- .--~- - .- _. ,:" ~ .. -~ ~ ~, .~. ,"-, . "~ 0 0 ~ c s: ". u." '"Oco ~ ~ fl1n-: ?f) ':-:-:;:" Z::-L ,j,p:::: ZC;: ~ =-gP=l ~2 1..0 ,4,I f::C; :O'lh ~::,:;(j ~O :F. ii~~ -"0 Pc: -. ~ .. ~ <:- .1="" ~ "1'lIII ~_,,~q. l n,__ _~ _~~JilillI!I!")WJ~i1;Ir"", ~~~tiJ!'l~~;Jh'''li'''~~lf.i!'<lR".~:l<.:''''--''W,;ry~''~~~~<fl!!~~~.:!rA~ .r.m Johnson, Duffie, Stewart & Weidner , By: Keirsten W. Davidson LD. No. 78243 301 Market Street P. O. Box 109 Lemoyne, Pennsylvania 17043-0 I 09 (717)761-4540 Attomeys for Plaintiff Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 01-2535 CHARLES B. ALLEON, v. CIVIL ACTION - LAW JULIE K. ALLEN, IN DIVORCE Defendant AFFIDA VlT OF CONSENT 1. A Complaint in divorce under Section 3301(c) of the Divorce Code was filed on or about April 30, 2001. 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety days have elapsed from the date of filing and service the Complaint. 3. I consent to the entry of a final decree in divorce after service of notice of intention to request entry of the decree. 4. I helve been advised of the availability of marriage counseling, understand that the Court maintains a list of marriage counselors and that I may request the Court require my spouse and I to participate in counseling and, being so advised, I do not request that the Court require that my spouse and I participate in counseling prior to the divorce becoming final. 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: August 8, 2001 :146837-3 "-r-' r, ,~. , '~""~" ,~,I"!I ,-'>:' ,. ,~ - -'1",1"-, '.,'., -, " - ~,-~'". -~" -, --.-. ,- 0 0 0 C s:: ,') :r.>o "U(D c= 111fT"] W "n Z::t; i= Z~- I ~om C/) " W ~qc,") <~- 1<'C ,-)[.!.. ",. _:'d ~O ::!l: '~~1~ --0 - :PC -- ('51""1'1 ~ :-~f r:- -", .r:- :IJ -< """,~~~.,".'w:ll..!. ~".,~_.~~i))j'iJIii~_"";"~n:",*,1""'?l1l'!1!;;I!'lWAc'!1'l1'no;"'f!tl'_!r!'if.NIl!i!"-Ww;mI~~~~,*:~!III!iiIl~IlIIlI~ .,,~ l ,Johnson, Duffie, Stewart & Weidner . By: Keirsten W. Davidson J.D. No. 78243 301 Market Street P. O. Box 109 Lemoyne, Pennsylvania 17043-0109 (717) 761-4540 Attomeys for Plaintiff Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 01-2535 CHARLES B. ALLEN, v. CIVIL ACTION - LAW JULIE K. ALLEN, IN DIVORCE Defendant WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER SECTION 3301(cl OF THE DIVORCE CODE 1. I consent to the entry of a final decree in divorce without notice. 2. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if I do not claim them before a divorce is granted. 3. I understand that I will not be divorced until a divorce decree is entered by the Court and that a copy of the decree will be sent to me immediately after it is filed with the Prothonotary. I verify that the statements made in this Affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. 94904 relating to unsworn falsification to authorities. Date: August 8. 2001 :146837-4 ,.,,~~~ -"~'-"''''-- ;."., ,""'",><" ,,~-".'.-., ,,/!!!i~C0' -- ~--~._~ "-',--" ,,,' - -~'. - ^' ~ . -'" ". ~ 'J_llllll_ < ~~~, - " ',~ ?o~,,~f -~".~-, ,,- '^" - ,~ " ." _<N" () <::> 0 !;;; -off; b ~1~1 52fT! c:: :.:J ::r. c;-, :~';;,Jf Z- I "F c:< 5:. -ClfTl 1.0 'ocr' -<... ~< ~.,,~ ... ~c:. :t>> '~O ):>c-:; ~ _I" ~rl Zr) ~ ~)-B Pc '- .- C'":;;fTl Z " j -~ :::! r::- )> .,. :G -~ ,,~IlI1I!1H~~""''''':w.!fJI'f'~''''*_'''''W"~~'''M'YM!''\'Wf.''W~~~<:lI!I~~~~~~~_ , ,z_....,~ ~, ,~,_~ > , . "-"1,. _ ~_ _ ',I.T j'(- il I 1 PROPERTY SETTL~M~NT AGREEMENT THIS AGREEMENT, made this ~ day of ~ 2001, by and between CHARLES B. ALLEN, residing at 710 Barbara Street, New Cumberland, Cumberland County, Pennsylvania, hereinafter referred to as "HUSBAND," and JULIE K. ALLEN, residing at 7760 Bull Road, Apartment #1, Lewisberry, York County, Pennsylvania, hereinafter referred to as "WIFE." WI TNESSETH: WHEREAS, the parties were lawfully married on April 16, 1988, in Dauphin County, Pennsylvania and separated on or about April 7, 2001; and WHEREAS, in consequence of disputes and unhappy difficulties, the parties have agreed to live separate and apart during their natural lives; and WHEREAS, the parties are desirous of settling their existing property rights including an amicable equitable distribution, assignment and division of their property, which property is considered to be "marital property" as defined in the Divorce Code known as Act 26 of 1980, and amendments thereto enacted into law on February 12, 1988; and NOW THEREFORE, in consideration of the promises and the mutual undertaking herein contained and for other good and valuable consideration, the parties, intending to be legally bound, agree as follows: 1. Separation. The parties shall hereinafter live separate and apart. Each shall be free from interference, authority, and control, direct and indirect, by the other as if he or she were single and unmarried. 2. Control of Agreement. The provisions of this Property Settlement Agreement shall govern all past, present, and/or future claims for alimony, support, counsel fees and costs, alimony pendente lite, equitable distribution, or other property rights, and all other claims which the WIFE or HUSBAND has or might have against the other except as set forth hereinafter. , ~ ~ - ~,...., . 3. Divorce. HUSBAND filed a Complaint in Divorce on April 30, 2001, which action is docketed to No. 01-2535 in Cumberland County, Pennsylvania. The Complaint was served upon WIFE on May 2, 2001, via certified mailfrestricted delivery. WIFE accepted service of the Complaint on May 7, 2001. Upon the expiration of ninety (90) days from May 7, 2001, (which will be on or about August 7, 2001), the parties agree to immediately sign and file any and all documents necessary to obtain a Divorce Decree under S3301 (c) of the Divorce Code, including but not limited to, Affidavits of Consent, Affidavits Waiving Marriage Counseling, and Waivers of Notice of Intent to Seek Divorce under S3301(c) of the Divorce Code. The parties intend that this Agreement shall be incorporated into any forthcoming Decree in Divorce. 4. Real Property. The parties acknowledge that they are the owners as tenants by the entirety of real property, which is also considered marital property, located at 710 Barbara Street, New Cumberland, Cumberland County, Pennsylvania. The home is presently encumbered by one (1) mortgage in the approximate amount of One Hundred Thousand ($100,000.00) Dollars. HUSBAND shall be entitled to exclusive posseSSion of the marital home and shall retain the marital home, specifically including any equity therein, as his sole and separate property, free and clear of any right, title, claim andfor interest of WIFE. Simultaneously with the execution of this Agreement WIFE shall waive and transfer all of her right, title and interest in and to the marital home to HUSBAND, and shall immediately sign any and all deeds and/or other documents necessary to accomplish the above. HUSBAND shall be solely responsible for timely payment in full of all bills in connection with the marital home, including the mortgage, taxes, insurance, utilities, repairs, and general maintenance. 5. 2000 Income Tax Refund. The parties agree that the entire amount of their 2000 Federal Income Tax Refund shall be applied toward WIFE'S outstanding student loan. The parties anticipate the refund to be approximately One Thousand Eight Hundred ($1,800.00) Dollars. 6. Employee. Pension and Retirement Benefits. Each party shall retain as his or her sole and separate property, any individual retirement account, and/or retirement benefit plan (including but not limited to pension or profit sharing plans, deferred compensation plans, defined benefit plans, 401 (k) plans, employee savings and thrift plans, IRA's, annuities, or other similar benefits), whether vested or non-vested. The above shall specifically include a waiver of any spousal annuity benefits andfor beneficiary designations thereunder. Furthermore, each party shall be and remain the sole owner of any other asset in his or her control not specifically covered by other provisions of this Agreement. Should it become necessary, each :;'",.- .. - ~-" ,-~- ~ ,,,,,,,. " -~. party agrees to immediately sign any documents necessary to give effect to this section upon request of the other party. 7. Personal Property. All personal property has been divided to the parties mutual satisfaction. Each party shall retain all items of tangible personal property currently in their possession as if it were their sole and separate property. Neither party shall make any claim to any such items of marital property, or of the separate personal property of either party which are now in the possession or under the control of the other. Furthermore, each party agrees to waive any right, title, and/or interest they may have to the property in the possession of the other. Should it become necessary, the parties each agree to sign upon request, any titles or documents necessary to give effect to this paragraph. 8. Automobiles. There is a 1989 Chevy Cavalier titled in joint name, which shall remain HUSBAND'S sole and separate property, subject to any and all liens and/or encumbrances thereupon for which he shall bear sole financial responsibility. There is a 1998 Ford Contour titled in joint name, which shall remain WIFE'S sole and separate property, subject to any and all liens and/or encumbrances thereupon for which she shall bear sole financial responsibility. The parties agree to indemnify and hold the other harmless with respect to any encumbrance on their respective vehicles. Each party agrees to waive any right, title or interest he or she may have in the vehicle of the other, and promptly sign within ten (10) days of the execution of this Agreement, any and all documents necessary to effectuate the provisions of this paragraph, including car titles. 9. Bank Accounts. Any and all joint bank accounts in the parties' names which existed at separation shall be equally divided between the parties and then closed. Furthermore, each party agrees to waive any right, title or interest he or she may have in the individual bank account of the other. 10. Credit Card Debt. There is a joint Visa credit card with an outstanding balance of approximately Four Thousand ($4,000.00) Dollars, and a joint MasterCard credit card with an outstanding balance of approximately Three Thousand ($3,000.00) Dollars. HUSBAND shall assume full responsibility for repayment of this marital debt. WIFE shall not make any additional charges on either of these joint cards. Once the balances are satisfied in full, or sooner if the parties agree, the cards shall be canceled so as to remove WIFE'S name therefrom. HUSBAND shall also be responsible for the outstanding balance on his Sears credit card which approximates Six Thousand ($6,000.00) Dollars. WIFE shall assume full responsibility for her Sears credit card, her two (2) MasterCards, her J.C. Penny's credit card, and any other credit card in her name or not referenced above. .,~. . ,. ~ I!'II'I -II' Any other credit card debt in existence shall be the sole and separate responsibility of the person who incurred such debt, and that person shall indemnify and hold the other harmless with respect to any and all liability in connection with the same. 11. Life Insurance. Each party shall retain as their sole and separate property, any life insurance policies, specifically including the cash surrender value, of which they are the owner. 12. Miscellaneous Debt. Any debt not specifically listed in this Agreement or incurred after the date of separation (April 7, 2001) shall be the sole and separate responsibility of the party who incurred it. 13. Spousal Support / Alimony. Each party specifically waives any past, present or future claim for spousal support, alimony pendente lite and/or alimony against the other party. 14. Agreement Executed Voluntarily and Clearly Understood. Each party to this Agreement acknowledges and declares that he or she respectively: A. If fully and completely informed as to the facts relating to the subject matter of this Agreement, and as to the rights and liabilities of both parties; B. Enters into this Agreement voluntarily, free from fraud, undue influence, coercion or duress of any kind; C. Has given careful and mature thought to the making of this Agreement; D. Has carefully read each provision of this Agreement; E. Acknowledges that there has been a full and fair financial disclosure by both parties, and fully and completely understands each provision of this Agreement. 15. Release of All Claims. Each party releases the other from all claims, liabilities, debts, obligations, actions and causes of action of every kind that have been or will be incurred. Moreover, neither party is relieved or discharged from any obligation under this Agreement or any instrument or document executed pursuant to this Agreement. >':'."'~~,.,~"< " ,-~< 'f ,.., ,','_"'_I''''I~ " " J 16. Holdina Other Party Free and Harmless. HUSBAND hereby warrants to WIFE that he has not incurred and he hereby agrees that he will not hereafter incur any liability or obligation on which she is or may be liable. If any claim or action is brought attempting to hold WIFE liable for any such liability or obligation, HUSBAND shall, at his sole expense, defend WIFE against any such claim or action whether or not founded, and he shall hold her free and harmless therefrom. WIFE hereby warrants to HUSBAND that she has not incurred and she hereby agrees that she will not hereafter incur any liability or obligation on which he is or may be liable. If any claim or action is brought attempting to hold HUSBAND liable for any such liability or obligation, WIFE shall, at her sole expense, defend HUSBAND against any such claim or action whether or not founded, and she shall hold him free and harmless therefrom. 17. Additional Instruments. The parties shall, on demand, execute and deliver to the other, any document, and do or cause to be done, any other act or thing that may be necessary or desirable to effectuate the provisions and purposes of this Agreement. If either party fails, on demand, to comply with this provision, that party shall pay to the other, all attorney's fees, costs and other expenses reasonably incurred as a result of such failure. 18. Full Disclosure. The respective parties do hereby warrant, represent, and declare, and do acknowledge and agree that each is satisfied with the financial disclosures made from the other. The parties acknowledge that although within their right to request, no formal discovery was done in this case, and that they are satisfied with and cognizant of the wealth, income, real and/or personal property, whether jointly or individually titled, estate and assets of the other, and any further enumeration or statement thereof in this Agreement is hereby specifically waived. The parties do not wish to make or append hereto any further enumeration or statement. Each of the parties hereto further covenants and agrees for himself or herself that his or her heirs, personal representatives and assigns, that he or she will never at any time hereafter sue the other or his or her heirs, personal representatives or assigns, in any action or contention, direct or indirect, that there was any absence or lack of full and proper disclosure. The parties specifically acknowledge that they have been advised by their individual counsel of their right to seek such discovery, however have elected to waive the same. Further, both parties waive their right to have the inventory or financial disclosure statement of the other attached hereto, and understand that this Agreement shall not be subject to modification by the Court. ~),,'~, ~. ,,'I',~...,~" , ~ ,,!l!ll 19. Representation of the Parties. HUSBAND is represented by Johnson, Duffie, Stewart & Weidner, in connection with the negotiation and preparation of this Agreement. WIFE has been given the opportunity to consult with independent legal counsel of her choice. WIFE acknowledges and understands that Johnson, Duffie, Stewart & Weidner has represented HUSBAND only throughout these proceedings, and that Johnson, Duffie, Stewart & Weidner cannot and did not render any legal advice on her behalf. Each party has carefully read this Agreement and is completely aware not only of its contents but also of its iegal effect. Each party acknowledges and accepts that this Agreement, in the circumstances, is fair and equitable, and that it is being entered into freely and voluntarily, and that the execution of this Agreement is not the result of any duress or undue influence, and that it is not the result of any improper or illegal Agreement and/or Agreements. 20. Waiver of Rights to Other Party's Estate. Except as provided for herein, HUSBAND and WIFE each waive any and all right: A. To inherit any part of the estate of the other at his or her death, except as provided herein; B. To receive property from the estate of the other by bequest or devise except under a Will or Codicil dated subsequently to the effective date of this Agreement; C. To act as personal representative of the estate of the other on intestacy unless nominated by another party legally entitled to so act; D. To act as the personal representative under the Will of the other unless so nominated by a Will or Codicil dated subsequently to the effective date of this Agreement; E. To claim a family allowance in the estate of the other. 21. Containment of Entire Agreement Herein. This Agreement supersedes any and all other Agreements, either oral or in writing, between the parties relating to the rights and liabilities arising out of their marriage. This Agreement contains the entire agreement of the parties. 22. Partial Invalidity. If any portion of this Agreement is held by a Court of competent jurisdiction to be invalid, void, or unenforceable, the remaining provisions shall, nevertheless, continue in full force and effect without being impaired or invalidated in any way. "\",,,~,~,,"~I .~ = - ,." 1""1 -, 23. Effect of Reconciliation. Cohabitation or Divorce Decree. The terms of this Agreement shall be incorporated into any Divorce Decree which may be entered with respect to the parties. This Agreement shall survive any such final judgment or Decree of Divorce. Both parties shall have all rights and enforcement under applicable law including the Pennsylvania Divorce Code. This Agreement shall also remain in full force and effect even if the parties effect a reconciliation, cohabitate as Husband and Wife, or attempt to effect a reconciliation. 24. Modification. This Agreement shall not be subject to modification except as in accordance with Pennsylvania law and with a writing between both parties evidencing their intent to modify the Agreement. 25. No Waiver of Default. This Agreement shall remain in full force and effect unless and until terminated under and pursuant to the terms of this Agreement. The failure of either party to insist upon strict performance of any of the provisions of this Agreement shall not be construed as a waiver of any subsequent default of the same or similar nature. 26. Attornevs Fees and Expenses. Each party shall be responsible for their own attorneys fees and expenses. 27. Mutual Coooeration. Each of the parties shall, on demand, execute and deliver to the other, any deeds, bills of sale, quit claims, assignments, consents, tax returns, and other documents and do or cause to be done any other acts or things as may be necessary or desirable to effectuate the provisions and purposes of this Agreement. If either party fails on demand to comply with this provision, that party shall pay to the other all attorney's fees, costs and other expenses reasonably incurred as a result of such failure. 28. Bankruotcy. Each of the parties acknowledges and agrees that with respect to the liabilities each is required to assume and pay under the provisions of this Agreement, each has the ability to fulfill his or her respective obligations from income or property not reasonably necessary to be expended for such party's maintenance and support or for the maintenance and support of such party's dependents. Should either party file a Petition under Title XI of the United States Code, or should a petition be filed against either involuntarily, each party acknowledges and agrees that the obligations under the terms of this Agreement shall be satisfied in full and shall not be discharged in the bankruptcy. Furthermore, each party acknowledges and agrees that the discharge of the debtor party's obligations under this Agreement will not result in a benefit to the debtor party that outweighs the detrimental consequence to the non-debtor party. "~"~ "1.." ,....,., } , II , I l 29. Law of Pennsylvania ApDlicable. This Agreement shall be construed in accordance with the laws of the Commonwealth of Pennsylvania. 30, Date of Agreement. The effective date of this Agreement shall be the date on which the last party executes the Agreement if the parties do not execute the Agreement on the same date. Otherwise, the effective date will be the date that both parties execute the Agreement if they execute on the same date. 31. Successors and Assigns. This Agreement, except as otherwise expressly provided herein, shall be binding on and shall inure to the benefit of the respective legatees, devisees, heirs, executors, administrators, assigns and successors and interest of the parties. IN WITNESS WHEREOF, the parties hereby have hereunto set their hands and seals the date and year first above written. WITNESS: '~~v 'ff~ 7 Zc107 ~~~ '-11L{J~' ~t7/ Oat :146242 '.ilr!"_", -''' .1'-~-'!' ' , ~, I ~ '.' ~ ;qo q<t --- ~~. , _~ J _~_~ -- h _ ~^N' ^'..' ,..,. ''''~"''____' ,~"' _,-&',,0 _~_. ,~,,"''''',. ~'"- " ',' ,~, '~'" -~"--"'-'" "m'.. 0 <;;;} 0 C -n s: :po ~~~ -OeD c= ..,- rnr:'-. '" , i= Z ,,' F I '71 Z C ~_:~~ U) ,,~~: ,.0 -, i~j ~ ~. r: -7", "Tj c: ~~h .-.-c) ._, C1 ;>jln ); s;; .., ~~ .." :0 -< .~- -< ~,.tl~_ ~~~ .-..iJ(~lI"iI~~~""'mI'!\I.f_~",~'r~~!Wrm_1'fI"W$'li""'11~_"~.F~o~!~'fl<'i;_:''''-'':"'F'J ,"',-'f-' '-.,.,,_' '" '-'.'f;"-"'l':<,,....~~iilf"I'i'!;!'_"'c~#r"W';'lf<.I'~9'~~-,.,,;""')j'"~,Vl;~ij1_;"'~WV""'9~BI1't'~ , CHARLES B. ALLEN, IN THE COURT OF CCMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff NO. 01-2535 CIVIL TERM vs. JULIE K. ALLEN, Defendant 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) ~of the Divorce Code. (Strike out inapplicable section) 2. Date and manner of service of the complaint: Certified mail, restricted delivery to the Defendant on May 2, 2001 and received by the Defendant on May 7, 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 the plaintiff August 8. 2001 by the defendant Allgn!':t 8. 7.001 B. (1) Date of execution of the plaintiff's affidavit required by Section 3301 (d) of the Divorce Code: ( 2) Date of service of the plaintiff's affidavit upon the defendant: 4. Related claims pending: The Property Settlement Aqreement dated June 7, 2001' shall be incorported into the Decree in Divorce. 5. Indicate dCite and manner of service of the notice of intention to file praecipe to transmit record, and attach a copy of said notice under Section 3301 (d)(l)(i) of the Divorce Code Waivers of Notice filed concurrently herewith and signed by Plaintiff on August 8, 2001 and by Defendant on August 8, 2001. ~LJ~ Attorney for' Plaintiff/~ Keirsten W. Davidson Atty. #78243 "'~ql' , ~ r,jr ., ~-"r -. ~ ~~~, .~ ...~ EStp iT-'" - ,. c'. _" <~"_~'" >_'"~^'.v._ - ,~, ' ,- ~ '...<,.,' ", ~ c." _~ '_~', ~~"_,,"__-,, . ",,^-,,_o~,_" __~~n.."., ._'~ ~"o ~. "" ~~, W~" ,"',,_ 2 0 0 "" on -u-,.. :to> mOJ c::: :Ti n- 2:::'0 en --~1;;g 7r-'- I -.-;iTl &5.J~' :-<7 <..0 ~=~6 r.:: C'7 ~- :D> 2:0 _e ~~S -<;i. ).......() C 2: :.:;1 ::! r-- .f':'" ::0 -< H al:l~,~ ~,,,,!lll'!~I1"~~~~"'_*\l_''J~<'fffllIl''t"u,t,'~1j!W!;~~~'i!i~JIi~1'~''Fi'+':!F'..-,";;ffL"'''I_"i!Cf;""_",:?"c'B",~"4J';;'"it''I;;;\,",,,,,:w!<i',''''''''';.w;!i?''~v.g'''''''R:'lWt~'i%%'tlJ"I~~~~l