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HomeMy WebLinkAbout07-1428{ - JOANNE HARRISON CLOUGH, ESQUIRE Attorney I.D. No. 36461 24 N. 32ND Street Camp Hill, PA 17011 Telephone: (717) 737-5890 Attorneys for Plaintiff DEBRA A. HARRO, IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. p 7 . !yam RICK A. HARRO, CIVIL ACTION -LAW Defendant IN DIVORCE 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 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, Room 101, Cumberland County Courthouse, 1 Courthouse Square, Carlisle, Pennsylvania. 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 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, PA 17013 1-800-990-9108 BY: JOANNE HARRISON CLOUGH, ESQUIRE Attorney I.D. No. 36461 2331 Market Street Camp Hill, PA 17011 Telephone: (717) 763-1383 Attorneys for Plaintiff DEBRA A. HARRO, Plaintiff V. RICK A. HARRO, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA : NO. CIVIL ACTION -LAW IN DIVORCE AVISO PARA DEFENDER Y RECLAIMAR DERECHOS USTED HA DISO DEMANDANDO EN LA CORTE. Is desea defenderse de las quejas expuestas en las paginas siguientes, debar tomar acci6n con prontitud. Se la avisa que is no se defiende, el caso purde proceder sin usted y decreto de divorcio o anulamiento puede ser emitado en su contra por la Corte. Una decisi6n puede tambien ser emitida en su contra por caulquier otra queja o compensaction reclamados por el demandante. Usted puede perder dinero, o sus propiedades o otros derechos importantes para usted. Cuando la base para el divorcio es indignadades o rompimiento irreparable del matrimonio, usted puede solicitar consejo matrimonial. Una lista de consejeros matrimoniales esta disponible en la oficina del Prothonotary, en la Cumberland County Court of Common Pleas, Room 101, Cumberland County Courthouse, 1 Courthouse Square, Carlisle, Pennsylvania. SI USTED NO RECLAMA PENSION ALIMENTACIA, PROPIEDAD MARITAL, HONORARIOS DE ABOGADO U OTROS GASTOS ANTES DE QUE EL DECRETO FINAL DE DIVORCIO O ANULAMIENTO SEA EMITIDO, USTED PUEDE PERDER EL DERECHO A RECLAMAR CUALQUIERA DE ELLOS. USTED DEBE LLEVAR ESTE PAPEL A UN ABOGADO DE INMEDIATO. SI NO TIENE O NO PUEDO PAGAR UN ABOGADO, VAYA O LLAME A LA OFICINA INDICADA ABAJO PARA AVERIGUAR DONDE SE PUEDE OBTENER ASISTENCIA LEGAL. Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 1-800-990-9108 DEBRA A. HARRO, IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. NO. i / y 2 ?c RICK A. HARRO, Defendant CIVIL ACTION -LAW IN DIVORCE COMPLAINT IN DIVORCE UNDER SECTION M01(C) OF THE DIVORCE CODE 1. Plaintiff is Debra A. Harro, an adult individual who currently resides at 610 B Street, Enola, Cumberland County, Pennsylvania, 17025. 2. Defendant is Rick A. Harro, an adult individual who currently resides at 610 B Street, Enola, Cumberland County, Pennsylvania, 17025. 3. Plaintiff and Defendant have been bona fide residents in the Commonwealth for at least six (6) months immediately previous to the filing of this Complaint. 4. The Plaintiff and Defendant were married on September 28, 1985 in Camp Hill, Cumberland County, Pennsylvania. 5. There was on prior action for divorce Filed in Cumberland County on 9-14-1998 at Civil Action No. 98-5319 and Purged for inactivity on 12-12-2001 or for annulment between the parties. 6. Neither Plaintiff nor Defendant is in the military or naval services of the United States or its allies within the provisions of the Solders' & Sailors' Civil Relief Act of the Congress of 1940 and its amendments. 7. Plaintiff avers that there is one (1) child born of this marriage under the age of eighteen years, namely; Jacob Hays Harro, born January 29, 2001 8. The marriage is irretrievably broken. 9. Plaintiff has been advised that counseling is available and that Defendant may have the right to request that the court require the parties to participate in counseling. Plaintiff declines counseling. 10. After ninety (90) days have elapsed from the date of the filing of this Complaint, Plaintiff intends to file an Affidavit consenting to a divorce. Plaintiff believes that Defendant may also file such an affidavit. WHEREFORE, Plaintiff respectfully requests this Court to enter a decree of divorce pursuant to Section 3301(c) of the Divorce Code. Respectfully submitted, JOANNE HARRISON CLOJAOH, PC Date: JoannL Harrison Cloukh Attorney ID No.: 36461 24 N. 32nd Street Camp Hill, PA 17011 (717) 737-5890 Attorney for Plaintiff VERIFICATION I, Debra A. Harro, hereby verify and state that the facts set forth in the foregoing pleading are true and correct to the best of my information, knowledge and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn verification to authorities. DATE: 3 ((O Debra A. Harro 4? 1"' C?? /? ? ? ?\ ? ? '` ^ ti r.'1 (\`? c7 =a _n -? -n i= "? -,gin -F? ; ?_ ?- ?. - C C.t'i .'J ?+s DEBRA A. HARRO, Plaintiff v. RICK A. HARRO, Defendant IN THE COURT OF COMMON CUMBERLAND COUNTY, PEN . NO. 2007-01428 CIVIL ACTION - LAW IN DIVORCE AFFIDAVIT OF ACCEPTANCE OF SERVICE ? I, Rick A. Harro, acknowledge that I received and have a true and correct copy of a time stamped Complaint in Divorce filed on March 14, 2007 in the above captioned action by first class mail on the 30 day of !?1 cj " , 2007. Date: /*I G ? 3?' 2°?' L`- -` ` - -t-'tr Rick A. Harro 110 C3 -? f a .? w ("u 1 DEBRA A. HARRO, : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, ENNSYLVANIA V. NO. 2007-01428 RICK A. HARRO, CIVIL ACTION -LAW Defendant IN DIVORCE MOTION FOR APPOINTMENT OF SPECIAL MASTER Plaintiff, Debra Harro, moves the Court to appoint a Special Master with respect to the following claims: (X) Divorce ( X ) Equitable Distribution of Property ( ) Annulment ( ) Support ( ) Alimony ( ) Counsel Fees ( ) Alimony Pendente Lite ( ) Costs and Expenses (1) Discovery is complete as to the claims for which the appointment of a master is requested. Plaintiff served Discovery and is waiting for Defendant's Reply/Answers (2) The Defendant has not appeared in the action by an attorney. (3) The statutory grounds for divorce are irretrievable breakdown 3301 (c) and 3301 (d ). (4) The action is contested with respect to the following claims: Divorce. (5) The action does not involve complex issues of law or fact. (6) The hearing is expected to take one (1) day. (7) Additional information, if any, relevant to the motion: None. (8) Name of other attorney: Joann rison Clough, I Attorney I.D. No. 36461 3820 Market Street Camp Hill, PA 17011 (717) 737-5890 Attorney for Debra Harro DATED: CERTIFICATE OF SERVICE I, Connie Lee Limric, do hereby certify that on this date I served a copy of the foregoing proposed Order Appointing Special Master by United States Mail to the following individual set forth below: Rick A. Harro 610 B Street Enola, PA 17025 Date: > //' /v ? Connie Lee imric, Assistant to Joanne Harrison Clough, Esquire Attorney ID No. 36461 3820 Market Street Camp Hill, PA 17011 (717) 737-5890 Attorney for Plaintiff i iTI ; f v ?1 DEBRA A. HARRO, Plaintiff V. RICK A. HARRO, Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, ENNSYLVANIA NO. 2007-01428 CIVIL ACTION -LAW IN DIVORCE PETITION FOR EOUITABLE DISTRIBUTION AND NOW, this // day of? Ch , 2009 comes Debra A. Harro by and through her attorney, Joanne Harrison Clough, Esquire, and files this Petition and respectfully avers as follows: 1. A Complaint in Divorce was filed on March 14, 2007. 2. EQUITABLE DISTRIBUTION: Plaintiff and Defendant have acquired property, both real and personal, during their marriage. 3. The parties have acquired marital debt during their marriage. 4. Plaintiff and Defendant may be unable to resolve amicably the property issues in this matter. WHEREFORE, Plaintiff respectfully requests this Honorable Court to equitably divide all marital property and debt. Respectfully submitted, JOANNE HARRISON CLOUGH, PC Dated: 'J " t t - -0 By:_ \N / k-,/" \ ?s__ Harrison C , EsquiJoanne Attorney I.D. No. 16, 1 3 820 Market Street Camp Hill, PA 17011 Telephone No. (717) 737-5890 Attorney for Debra A. Harro A CERTIFICATE OF SERVICE I, Connie Lee Limric, do hereby certify that on this date I served a copy of the foregoing Petition for Equitable Distribution by United States Mail to the following individual set forth below: Rick A. Harro 610 B Street Enola, PA 17025 Date: ///D Connie Lee Limric, Assistant to Joanne Harrison Clough, Esquire Attorney ID No. 36461 3 820 Market Street Camp Hill, PA 17011 (717) 737-5890 Attorney for Plaintiff ? C'? rv j UI vl ??k I MAR 1 1 2009 (,7 DEBRA A. HARRO, : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, ENNSYLVANIA V. NO. 2007-01428 RICK A. HARRO, CIVIL ACTION -LAW Defendant IN DIVORCE ORDER APPOINTING SPECIAL MASTER AND NOW, this day of , 2009, &4a s , Esquire, is appointed Special Master with respect to the following claims: --Retm%a5 ems' BY THE CST, 1 J. k? V f? T r-- r .yam terry t..r L N S r M DEBRA A. HARRO, : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, ENNSYLVANIA V. NO. 2007-01428 RICK A. HARRO, CIVIL ACTION -LAW Defendant IN DIVORCE MOTION TO REVOKE APPOINTMENT OF SPECIAL MASTER 1. On March 17, 2009 the Court appointed E. Robert Elicker, II, Esquire as the Divorce Master in the above referenced action. (2) No Pre-trial Conference has been held and no Master's Hearing has been scheduled in this matter. (3) The parties have reached an agreement on all issues. A copy of the Marital Settlement Agreement will be filed with the Court with the Petition for Entry of Final Divorce Decree. WHEREFORE, Plaintiff Debra A. Harro, respectfully requests this Honorable Court Respectfully submitted, JOANNE HARRISON CLOUGH, Joann-Harrison Clough,-S Attorney I.D. No. 36461 3820 Market Street Camp Hill, PA 17011 (717) 737-5890 Attorney for Plaintiff Debra A. Harro revoke the appointment of E. Robert Elicker, II, Esquire as the Divorce Master in this action. UIRE FILED-OFFICE tin ' t,'Nowly CAF THE 2009 APR 14 Pli 2: 18 ??Vtt'r`?? i it r ?f? ? 'tal'l E K. fit f NSV t t {,.e APR 1 5 2009 ? DEBRA A. HARRO, : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, ENNSYLVANIA V. NO. 2007-01428 RICK A. HARRO, CIVIL ACTION -LAW Defendant IN DIVORCE ORDER AND NOW, this day of 2009, upon consideration of Plaintiffs Motion to Revoke Master's Appointment, it is hereby ORDERED that the appointment of E. Robert Elicker, II, Esquire as Master is REVOKED. J. cli : C)2 7 F cr, I) CL ts.. Q cws ?' V s .a o'j- t Ltas MARITAL SETTLEMENT AGREEMENT THIS AGREEMENT, made this 3rd day of 2009, by and between DEBRA A. HARRO, (hereinafter "WIFE") and RICK A. HARRO, (hereinafter "HUSBAND"); WITNESSETH: WHEREAS, the parties hereto were married on September 28,1985, in Camp Hill, Cumberland County, PA; and separated on March 14,2007; and WHEREAS, the parties have one child of this marriage; namely Jacob Hays Harro, born on January 29, 2001; and WHEREAS, difficulties have arisen between the parties and it is therefore their intention to live separate and apart for the rest of their lives and the parties are desirous of settling completely the economic and other rights and obligations between each other, including, but not limited to: the equitable distribution of the marital property; past, present and future support; alimony, alimony pendente lite; and, in general, any and all other claims and possible claims by one against the other or against their respective estates; and NOW THEREFORE, in consideration of the covenants and promises hereinafter to be kept and performed by each party and intending to be legally bound hereby, the parties do hereby agree as follows: 1. ADVICE OF COUNSEL. Both parties have had the opportunity to have the provisions of this Agreement and their legal effect been fully explained to the parties by independent legal counsel of his or her own choosing. WIFE is represented by Joanne Harrison Clough, Esquire of Camp Hill, PA. HUSBAND has been advised of his right to be represented by legal counsel but has elected not to secure legal counsel and to represent himself in the negotiation and execution of this Agreement. The parties further declare that each is executing the Agreement freely and voluntarily having either obtained sufficient knowledge and disclosure of their 1 respective legal rights and obligations, or if counsel has not been consulted, expressly waiving the right to obtain such knowledge. The parties each acknowledge that this Agreement is fair and equitable and is not the result of any fraud, coercion, duress, undue influence or collusion. 2. DIVORCE ACTION. The parties acknowledge that their marriage is irretrievably broken and that they shall secure a mutual consent no fault divorce pursuant to § 3301(c) of the Divorce Code. A divorce action was filed by WIFE with the Court of Common Pleas of Cumberland County, Pennsylvania at Civil Action No. 2007-01428 on March 14, 2007. The parties agree to execute Affidavits of Consent for divorce and Waivers of Notice of Intention to Request Entry of a Divorce Decree concurrently with the execution of this Agreement. This Agreement shall remain in full force and effect after such time as a final decree in divorce may be entered with respect to the parties. The parties agree that the terms of this Agreement shall be incorporated into any Divorce Decree which may be entered with respect to them and specifically referenced in the Divorce Decree. This Agreement shall not merge with the divorce decree, but shall continue to have independent contractual significance. 3. DATE OF EXECUTION. The "date of execution" and "execution date" of this Agreement shall be defined as the date upon which it is executed by the parties if they have each executed the Agreement on the same date. Otherwise, the "date of execution" or "execution date" of this Agreement shall be defined as the date of execution by the party last executing this Agreement. 4. MUTUAL RELEASES. Each party absolutely and unconditionally release the other and the estate of the other from any and all rights and obligations which either may have for past, present, or future obligations, arising out of the marital relationship or otherwise, including all rights and benefits under the Pennsylvania Divorce Code of 1980, and amendments except as described herein. 2 Each party absolutely and unconditionally releases the other and his or her heirs, executors, and estate from any claims arising by virtue of the marital relationship of the parties. The above release shall be effective whether such claims arise by way of widow's or widower's rights, family exemption, or under the intestate laws, or the right to take against the spouse's will, or the right to treat a lifetime conveyance by the other as testamentary or all other rights of a surviving spouse to participate in a deceased spouse's estate, whether arising under the laws of Pennsylvania, any state, Commonwealth, or territory of the United States, or any other country. Except for any cause of action for divorce which either party may have or claim to have, each party gives to the other by the execution of this Agreement an absolute and unconditional release from all claims whatsoever, in law or in equity which either party now has against the other. 5. FINANCIAL AND PROCEDURAL DISCLOSURE. The parties confirm that each has relied on the accuracy of the financial disclosure of the other as an inducement to the execution of this Agreement" Each party understands that he/she had the right to obtain from the other party a complete inventory or list of all property that either or both parties owned at the time of separation or currently and that each party had the right to have all such property valued by means of appraisals or otherwise. Both parties understand that they have right to have a court hold hearings and make decisions on the matters covered by this Agreement. Both parties hereby acknowledge that this Agreement is fair and equitable, and that the terms adequately provide for his or her interests, and that this Agreement is not a result of fraud, duress or undue influence exercised by either party upon the other or by any person or persons upon either party. 6. SEPARATION/NON-INTERFERENCE. WIFE and HUSBAND may and shall, at all times hereafter, live separate and apart. They shall be free from any interference, direct or indirect, by the other in all respects as fully as if they were unmarried. Each may, for his or her separate use or benefit, conduct, carry on and engage in any business, occupation, profession or employment which to him or her may seem advisable. WIFE and HUSBAND shall not harass, disturb, or malign each other or the respective families of each other. 3 7. REAL PROPERTY. The parties are the joint owners of real property located at 610 B Street, Enola, Cumberland County, PA. HUSBAND and WIFE agree to have the property appraisal and shall agree on the selection of a neutral appraiser. HUSBAND and WIFE further agree that in consideration of WIFE tendering to HUSBAND a sum equal to one half of the net equity in the marital residence, HUSBAND shall transfer any and all right, title, claim and interest in the property to WIFE. The net equity shall be determined by subtracting the balance due on the first mortgage with Chase Home Finance and any refinancing cost WIFE incurs from the appraisal value of the real property. WIFE shall then tender the sum of one half of said net equity to HUSBAND within 3 business days of the refinancing settlement and HUSBAND must vacate the real property located at 610 B Street, Enola, PA on or before the date said payment is tendered. HUSBAND shall not receive his payment for 1/z of the net equity value of the real property until after he has vacated the premises. 8. DEBTS. If a party has acquired debt, the parties agree that each shall assume full and complete responsibility for his or her own debts except as set forth below: , approximate balance a. Harley debt n%Qnt $ P- ID IN C-?kLl. b. 2003 Chevrolet Silverado debt: monthly payment $435.72, approximate balance $ a err-cvn-L,,. ?{ 44- g`??• `?`I HUSBAND and WIFE agree that HUSBAND shall be solely responsible for the timely payment o the Harley and Chevrolet Silverado loan and indemnify and hold WIFE harmless on these obligations. The parties further agree to apply their 2008 Federal Income Tax Refund of approximately $2,799.00 to the balance of the Harley loan. HUSBAND represents and warrants to WIFE that since the separation he has not, and in the future he will not, contract or incur any debt or liability for which WIFE or her estate might be responsible, and he shall indemnify and save WIFE harmless from any and all claims or demands made against her by reason of such debts or obligations incurred by him since the date of said separation, except as otherwise set forth herein. 4 WIFE represents and warrants to HUSBAND that since the separation she has not, and in the future she will not, contract or incur any debt or liability for which HUSBAND or his estate might be responsible, and he shall indemnify and save HUSBAND harmless from any and all claims or demands made against him by reason of such debts or obligations incurred by her since the date of said separation, except as otherwise set forth herein. 9. RETIREMENT BENEFITS. HUSBAND hereby waives his right, title and interest to any of WIFE's pension and/or retirement and any and all other retirement benefits, otherwise disclosed. WIFE hereby waives his right, title and interest to any of HUSBAND's pension and/or retirement and any and all other retirement benefits, otherwise disclosed. The parties specifically waive any and all other retirement benefits obtained by the parties pre-marriage, during marriage, and post-separation. The individual who holds said benefits shall own the property solely and individually. Each party waives their right to title and interest to the other party's benefit. 10. BANK ACCOUNTS. The arties have the following bank accounts: Members 19t: approximate ??cp. ?o a?ooo balance $299:60. The parties agree that the $2;906:$ savings account proceeds are to remain deposited at Member's 1St until the Harley loan and the 2003 Chevy Silverado loan are paid in full by HUSBAND. After both loans are paid in full, the parties shall divide the proceeds of the Members 1St account evenly and WIFE will sign off titles. The parties acknowledge that they have divided the marital bank accounts to their satisfaction. The bank accounts held solely in individual names shall become the sole and separate property of the party in whose name it is registered. Each party does hereby specifically waive and release his/her right, title and interest in the other party's respective accounts. 5 11. LIFE INSURANCE. HUSBAND hereby waives any right, title, claim or interest he may have in any life insurance policy of WIFE. WIFE hereby waives any right, title, claim or interest she may have in any life insurance policy of HUSBAND. 12. PERSONAL PROPERTY. Except as set forth here below, the parties hereto mutually agree that they have divided all furniture, household furnishings and personal property between them in a manner agreeable to both parties. The parties mutually agree that each party shall from and after the date of this Agreement be the sole and separate owner of all tangible personal property in his or her possession. HASBAND and WIFE agree that HUSBAND shall retain as his sole and separate property the personal property listed on Exhibit A signed by both parties and attached hereto. 13. VEHICLES. The parties own a 1992 Geo Storm. Said vehicle is not encumbered by a loan. HUSBAND and WIFE agree that HUSBAND shall transfer any right, title, claim or interest he has in said vehicle and it shall be the sole and separate property of WIFE. HUSBAND and WIFE further agree that HUSBAND shall receive the 2000 Harley Davidson the parties purchased with financing through Member's 1St Bank as his sole and separate property provided he timely pays the balance of the loan payments due on said motorcycle. HUSBAND and WIFE further agree to utilize their 2008 Federal Income Tax Return of approximately $2,799.00 to also pay down on the balance of this loan obligation. WIFE agrees to transfer any and all right, title, claim or interest she has in the Harley and 2003 Chevrolet Silverado to HUSBAND after he has paid in full the balance on each outstanding loan for the purchase of said vehicles. HUSBAND shall also be solely responsible for providing auto insurance for the Chevrolet Silverado and insurance sufficient to secure the loan balance due on the Harley Davidson and provide proof of said insurance to WIFE. HUSBAND shall also receive the 2003 Chevy Silverado Pickup truck as his sole and separate property provided he timely pays in full the remaining payments and outstanding balance owed Sovereign Bank for the purchase of said vehicle. 6 14. BANKRUPTCY OR REORGANIZATION PROCEEDINGS. In the event that either party becomes a debtor in any bankruptcy or financial reorganization proceedings of any kind while any obligations remain to be performed by that party for the benefit of the other party pursuant to the provisions of this Agreement, the debtor spouse hereby waives, releases and relinquishes any right to claim any exemption (whether granted under State or Federal law) to any property remaining in the debtor as a defense to any claim made pursuant hereto by the creditor-spouse as set forth herein, including all attorney fees and costs incurred in the enforcement of this paragraph or any other provision of this Agreement. No obligation created by this Agreement shall be discharged or dischargeable, regardless of Federal or State law to the contrary, and each party waives any and all right to assert that obligation hereunder is discharged or dischargeable. The parties mutually agree that in the event of bankruptcy or financial reorganization proceedings by either party in the future, any monies to be paid to the other party, or to a third party, pursuant to the terms of this Agreement shall constitute support and maintenance and shall not be discharged in bankruptcy. 15. ALIMONY, SPOUSAL SUPPORT, AND ALIMONY PENDENTE LITE. The parties hereby expressly waive, release, discharge and give up any and all rights or claims which either may now or hereafter have for spousal support, alimony pendente lite, alimony, or maintenance. The parties further release any rights that they may have to seek modification of the terms of this Agreement in a court of law or equity, with the understanding that this Agreement constitutes a final determination for all time of either party's obligations to contribute to the support or maintenance of the other. 16. CUSTODY. HUSBAND and WIFE shall have shared legal custody of their son Jacob Hays Harro. WIFE shall have primary physical custody. HUSBAND shall have periods of partial physical custody at such times as the parties mutually agree. 7 17. ATTORNEY FEES, COURT COSTS. Each party hereby agrees to be solely responsible for his or her own counsel fees, costs and expenses. Neither shall seek any contribution thereto from the other except as otherwise expressly provided herein. 18. ATTORNEYS' FEES FOR ENFORCEMENT. In the event that either party breaches any provision of this Agreement and the other party retains counsel to assist in enforcing the terms thereof, the breaching party will pay all reasonable attorneys' fees, court costs and expenses (including interest and travel costs, if applicable) which are incurred by the other party in enforcing the Agreement, whether enforcement is ultimately achieved by litigation or by amicable resolution. It is the specific Agreement and intent of the parties that a breaching or wrongdoing party shall bear the obligation of any and all costs, expenses and reasonable counsel fees incurred by the nonbreaching party in protecting and enforcing his or her rights under this Agreement. 19. WAIVER OF RIGHTS. Both parties hereby waive the following procedural rights: (a.) The right to obtain an inventory and the appraisement of all marital and non-marital property; (b.) The right to obtain an income and expense statement of either party (c) The right to have all property identified and appraised; (d.) The right to discovery as provided by the Pennsylvania Rules of Civil Procedure; and (e.) The right to have the court make all determinations regarding marital and non-marital property, equitable distribution, spousal support, alimony pendente lite, alimony, counsel fees and costs and expenses. 8 20. MUTUAL COOPERATION. WIFE and HUSBAND shall mutually cooperate with each other in order to carry through the terms of this Agreement, including but not limited to, the signing of documents. 21. VOID CLAUSES. If any term, condition, clause or provision of this Agreement shall be determined or declared to be void or invalid in law or otherwise, then only that term, condition, clause or provision shall be stricken from this Agreement, and in all other respects this Agreement shall be valid and continue in full force, effect and operation. 22. APPLICABLE LAW. This Agreement shall be construed under the laws of the Commonwealth of Pennsylvania. 23. 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. 24. CONTRACT INTERPRETATION. For purposes of contract interpretation and for the purpose in resolving any ambiguity herein, the parties agree that this Agreement was prepared jointly by the parties. 9 IN WITNESS WHEREOF, the parties hereto have set their hands and seals of the day first above written. This Agreement is executed in duplicate, and in counterparts. WIFE and HUSBAND acknowledge the receipt of a duly executed copy hereof. 6??4 - . Witness Ld" a - DEBRA A. HARRO, WIFE Witness RICK A. HARRO, HUSBAND IN WITNESS WHEREOF, the parties hereto have set their hands and seals of the day first above written. This Agreement is executed in duplicate, and in counterparts. WIFE and HUSBAND acknowledge the receipt of a duly executed copy hereof. (]??h 6. /L j Witness LO .0 Witness DEBRA A. HARRO, WIFE RICK A. HARRO, HUSBAND 10 COMMONWEALTH OF PENNSYLVANIA . SS. COUNTY OF On the -3 Ad, day of , 2009, before me, a Notary Public in and for the Commo wealth of Pennsylvania, the undersigned officer, personally appeared Debra A. Harro, known to me (or satisfactory proven) to be one of the parties executing the foregoing instrument, and she acknowledges the foregoing instrument to be her free act and deed. IN WITNESS WHEREOF, I have hereunto set my hand and notarial seal the day and year first above written. Notary Pu c My Commission Expires: NOTARIAL SEAL Beverly A. Cordier, Notary Public East Permsboro Twp., Cumberland County My commission expires December 17, 2009 11 DEBRA A. HARRO, Plaintiff V. RICK A. HARRO, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, ENNSYLVANIA NO. 2007-01428 CIVIL ACTION - LAW IN DIVORCE AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed on March 14, 2007. 2. The marriage of Plaintiff and Defendant is irretrievably broken, and ninety (90) days have elapsed from the date of the filing and service of the Complaint. 3. I consent to the entry of a final decree of divorce after service of notice of intention to request entry of the decree or upon filing of my Waiver of the Notice of Intention to Request Entry of the Decree. 4. I have been advised of the availability of marriage counseling and understand that the Court maintains a list of marriage counselors and that I may request the Court to require my spouse and I to participate in counseling and, being so advised, 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. Section 4904 relating to unworn falsification to authorities. Date: Rick A. Harro I' f LE V'"4?ii' ? uE 2009 APR -9 AM 11: 08 CUa?' t.: WlY COMMONWEALTH OF PENNSYLVANIA COUNTY OF SS. On the 3 AAd day of 2009, before me, a Notary Public in and for the Comm nwealth of Pennsylvania, the undersigned officer, personally appeared Rick A. Harro, known to me (or satisfactory proven) to be on of the parties executing the foregoing instrument, and he acknowledges the foregoing instrument to be his free act and deed. IN WITNESS WHEREOF, I have hereunto set my hand and notarial seal the day and year first above written. Notary Pub c My Commission Expires: NOTARIAL SEAL Beverly A. Cordier, Notary Public East Pemmsboro Twp., Cumberland County My commission expires December 17, 2009 12 FI!.FR) CE OF THE 11,7,Nl?-IITMY 2009 APR -9 A 11: 08 CLft t[ t -?. N r( i 0 DEBRA A. HARRO, Plaintiff V. RICK A. HARRO, Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, ENNSYLVANIA NO. 2007-01428 CIVIL ACTION -LAW : IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF DIVORCE DECREE UNDER § 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 are made subject to the penalties of 18 Pa.C.S. § 4904 relating to unsworn falsification to authorities. DATE: L(/3/0 y Rick A Harro FEI.E 3 r iv`E OF THE P R 71, , ?(INMAPY 2009 APR -9 AM If : 08 cLP? .y r ?IUUNTY lrlENilZYl.YANlLA DEBRA A. HARRO, Plaintiff V. RICK A. HARRO, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, ENNSYLVANIA NO. 2007-01428 CIVIL ACTION - LAW IN DIVORCE AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed on March 14, 2007. 2. The marriage of Plaintiff and Defendant is irretrievably broken, and ninety (90) days have elapsed from the date of the filing and service of the Complaint. 3. I consent to the entry of a final decree of divorce after service of notice of intention to request entry of the decree or upon filing of my Waiver of the Notice of Intention to Request Entry of the Decree. 4. I have been advised of the availability of marriage counseling and understand that the Court maintains a list of marriage counselors and that I may request the Court to require my spouse and I to participate in counseling and, being so advised, 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. Section 4904 relating to unsworn falsification to authorities. C? rte, Date: /? / Debra A. Harro OE THE PROIi^INOTARY 2009 APR --9 Ali 11: 08 DEBRA A. HARRO, Plaintiff V. RICK A. HARRO, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, ENNSYLVANIA NO. 2007-01428 CIVIL ACTION -LAW IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF DIVORCE DECREE UNDER § 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 are made subject to the penalties of 18 Pa.C.S. § 4904 relating to unsworn falsification to authorities. DATE: od, " Q Debra A Harro ,c ; Q THr p 2009 APR - 9 Ali 1 i : 08 MOM, DEBRA A. HARRO, : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 2007-01428 RICK A. HARRO, CIVIL ACTION -LAW Defendant IN DIVORCE PRAECIPE TO TRANSMIT RECORD UNDER § 3301 (c) OF THE DIVORCE CODE 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 § 3301 (c) of the Divorce Code. 2. Date and manner of service of the Complaint: (a) Date of service: March 30, 2007 (b) Manner of service: United States Mail. Affidavit of Service filed: May 18, 2007. 3. Date of execution of the Affidavit of Consent required by § 3301 (c) of the Divorce Code: (a) By the Plaintiff: signed on April 3, 2009 and filed simultaneously with this document. (b) By the Defendant: signed on April 3, 2009 and filed simultaneously with this document. 4. Date of execution of Waiver of Notice of Intention to File Praecipe to Transmit Record: (a) By the Plaintiff: signed on April 3, 2009 and filed simultaneously with this document. (b) By the Defendant: signed on April 3, 2009 and filed simultaneously with this document. 5. Related claims pending: NONE DATED: J ?Q Joanne H'hnkison Clough, Esquire Attorney ID No. 36461 I` 3 820 Market Street Camp Hill, PA 17011 (717) 737-5890 Attorney for Plaintiff Debra Harro r ill •?; l IN THE COURT OF COMMON PLEAS OF CUMBERLAND, PENNSYLVANIA DEBRA A.HARRO V RICK A. HAR.RO : No. 01- 14 A S DIVORCE DECREE AND NOW, 0- _ -7)00 1-3 , it is ordered and decreed that DEBRA A. HARRO , Plaintiff, and RICK A. HARRO Defendant, are divorced from the bonds of matrimony. Any existing spousal support order shall hereafter be deemed an order for alimony pendente lite if any economic claims remain pending. The court retains jurisdiction of any claims raised by the parties to this action for which a final order has not yet been entered. Those claims are as follows: NOW- The terms of the attached Marital Settlement Agreement executed by the parties on April 3, 2009, are incorporated by reference, but not merged with this Decree. Prothonotary - 0 9 &,1- - e6?? ? ?,- Z? 4 &'ZArw 19 ? W&4,t ma4A? 1?1- 40 -