Loading...
HomeMy WebLinkAbout01-2760 FX .0;1" ._, . , JASON L MASSIE, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. JENNIFER L MASSIE, : NO. 2001- ;J7t-tJ CIVIL TERM Defendant CIVIL ACTION - LAW 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 divorce is indignities or irretrievable breakdown of the marriage, you may request that the court require you and your spouse to attend marriage counseling prior to a divorce decree being handed down by the court, A list of marriage counselors is available in . the Office of the Prothonotary at the Cumberland County Court House, Carlisle. You are advised that this list is kept as a convenience to you and you are not bound to choose a counselor from the list. All necessary arrangements and the cost of counseling sessions are to be borne by you and your spouse, 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 WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 2 Liberty Avenue Carlisle, Pennsylvania 17013 (717) 249-3166 SNELBAKER, BRENNEMAN & SPARE, P.C. LAW OFFICES SNELBAKER. BRENNEMAN & SPARE 1JJt/If t1/L , By: Attorneys for Plaintiff I -..,--~ --. LAW OFFICES SNELBAKER, BRENNEMAN & SPARE ~- C~~I~""", ,:--:-. . '. ,,_ ~.' -~ ;t- " ~ ,,,;-, , JASON 1. MASSIE, IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 2001-.2. It,,o Plaintiff v. CIVIL TERM JENNIFER 1. MASSIE, Defendant CIVIL ACTION - LAW IN DIVORCE COMPLAINT COUNT I - DIVORCE I. Plaintiff JASON 1. MASSIE is an adult individual residing at 105 Hillside Road, Mechanicsburg, Cwnberland County, Pennsylvania 17050. 2. Defendant JENNIFER 1. MASSIE is an adult individual residing at 4 Virginia Circle, Mechanicsburg, Cwnberland County, Pennsylvania 17050. 3. Both Plaintiff and Defendant have been bona fide residents of the Commonwealth of Pennsylvania for at least six (6) months immediately previous to the filing of this Complaint. 4. The Plaintiff and Defendant were lawfully joined in marriage on September 12, 1998 in Cwnberland County, Pennsylvania. 5. There have been no prior actions of divorce or for annulment between the parties hereto in this or any other jurisdiction since the date of the marriage averred in Paragraph 4, above. 6. Neither party is a member of the armed forces of the United States of America. , I ._r"~ LAW OFFICES SN~LBAKER, BRENNEMAN & SPARE ~" 7. The Plaintiff avers as the grounds upon which this action is based is that the marriage between the parties hereto is irretrievably broken. 8. The 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. 9. The Plaintiff requests this Court to enter a decree of divorce. WHEREFORE, Plaintiff JASON 1. MASSIE requests this Court to enter a Decree of Divorce, divorcing the Plaintiff from the bonds of matrimony heretofore existing between the Plaintiff and Defendant. COUNT II - EOUIT ABLE DISTRIBUTION 10. Paragraphs I through 9, inclusive, ofthis Complaint are incorporated by reference herein. II. The Plaintiff and Defendant have legally and beneficially acquired property during their marriage from September 12, 1998. 12. The Plaintiff and Defendant have not agreed as to any equitable distribution of the marital property. WHEREFORE, Plaintiff Jason 1. Massie requests this Court to order equitable distribution of marital property. -2- , -~~~ LAW OFFICES SNEL8AKER, BRENNEMAN & SPARE '~ic WHEREFORE, the Plaintiff requests this Court to: (a) enter a decree of divorce, divorcing the Plaintiff from the bonds of matrimony; (b) order equitable distribution of marital property; and (c) order such other relief as this Court deems just and reasonable. SNELBAKER, BRENNEMAN & SPARE, P.c. Date: May 7, 2001 By:Y~t~ Keith O. BrelUleman, Esquire 44 West Main Street Mechanicsburg, PA 17055-0318 (717) 697-8528 Attorneys for Plaintiff Jason 1. Massie -3- LAW OFFICES SNELBAKER, BRENNEMAN & SPARE .' ': d .- :, , ;~ _ ,__,~,,;jl,, VERIFICATION I verify that the statements made in the foregoing Complaint are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4909 relating to unsworn falsification to authorities. Date: May 7, 2001 , / / / .,d::/'-"" 1: ~ .. / / .. ,'} -.... / /". All /''''\ , /.--" ~..' , 7/ Jason I:.~aSSie " I LAW OfFICES SNELElAKER, BRENNEMAN & SPARE ';~M JASON I. MASSIE, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA Plaintiff v. : NO. 2001- CIVIL TERM JENNIFER 1. MASSIE, Defendant CIVIL ACTION - LAW IN DIVORCE AFFIDA VII JASON I. MASSIE being duly sworn according to law, deposes and says: I. I have been advised of the availability of marriage counseling and understand that I may request that the court require that my spouse and I participate in counseling. 2. I understand that the court maintains a list of marriage counselors in the Office of the Prothonotary, which list is available to me upon request. 3. Being so advised, I do NOT request that the court require my spouse and I participate in counseling prior to a divorce decree being handed down by the court. 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: May 7, 2001 c' ~,/ -'ill.... MM 1_!i\~'fMi.ii1_~~- il~dU1l!L1!Hilihj*~ -.' ~,SH~illifu]~ ~;~~!w~ 0' -. +\J' yo " ,- i!i!FM~r~;..""'='"' ~'___>:lIJ!i!I~~ ~~ .......... ~ .:::::: 'IV ~ ~ o '\.. X ~ ~ CI\ "- ~ ~,' ~ ~ \~ ~ c,.. ~ ~). ~ ~ ,\ ~t~ In C) 0 c:: 92 ~.:.~;. ~ Zr-.. -< 0>::: I r"c:o'~" -...i ~:~ -' ~~; ::;: '--_ N .::::'~ .. =-t ("" -<~ f"-' -[.' I o~ ~n h1:::2 I-~. CD "-) l ~'J~ ;:!.o~m ::-..{ h 5'J -< "" LAW OFFICES SNELBAKER, BRENNEMAN & SPARE . '~i -'- :--..-"i-i_,'_ . . , JASON 1. MASSIE, ... IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2001-2760 CIVIL TERM CIVIL ACTION - LAW Plaintiff v. JENNIFER L MASSIE, Defendant IN DIVORCE AFFIDAVIT OF SERVICE COMMONWEALTH OF PENNSYLVANIA) SS. COUNTY OF CUMBERLAND ) Keith O. Brenneman, Esquire, being duly sworn according to law deposes and says: that he is a principal in the law firm ofSnelbaker, Brenneman & Spare, P. C., being the attorneys for Jason 1. Massie, Plaintiff in the above captioned action in divorce; that on May 9, 2001, he did send to Defendant Jennifer L. Massie by certified mail, return receipt requested, restricted delivery, a duly certified copy of the Complaint in Divorce which was filed in the above captioned action as evidenced by the attached cover letter of the same date and Receipt for Certified Mail No. 7099 3400 0004 5009 6561; th,at both the Complaint and cover letter were duly received by Jennifer L. Massie, the Defendant herein, as evidenced by the return receipt card for said certified mail dated May II, 200 I; that a copy of the aforementioned cover letter dated May 9, 2001 is attached hereto and incorporated by reference herein as "Exhibit A" and that the original Receipt for Certified Mail and the Domestic Return Receipt are attached hereto and incorporated by reference herein as "Exhibit B"; and that the foregoing facts are true and .' ., LAW OFFICES SNEL8AKER, BRENNEMAN & SPARE -., ~. , .. ,,-l .", correct to the best of his knowledge, information and belief. Sworn to and subscribed before me this 15th day of May, 2001. xkJ~ i' ~fi !--- Notary Public ~ NoIruI8I.SsaI SU8an L~ ~ PublIc 1;~~~1CI~ Nov. 24. 2003 I/JUf1~ Keith O. Brenneman -2- ,. ","-,. ~J~ , , ,~t_,"'''''"'' "~- - .....__~L "' i ,~ ~""r.~~~!lIlaei lmi' "'.' ,... . , SNELBAKER. BRENNEMAN 8 SPARE A PROFESSIONAL CORPORA.TlON < AITORNEY5 AT LAW 44 WEST MAIN STREET MECHANICSBURG, PENNSYLVANIA 17055 RICHARD C. SNELBAKER KEITH O. BRENNEMAN PHILIP H. SPARE 717~697-8528 P. 0 BOX 318 FACStMILE (717) 697-7681 May 9, 2001 Jennifer 1. Massie 4 Virginia Circle Mechanicsburg, P A 17050 Re: Massie v. Massie No. 2001-2760 (Divorce) Dear Ms. Massie: Enclosed please find a certified copy of a Divorce Complaint, the original of which was filed May 7, 2001 with the.Prothonotary of Cumberland County. Yours truly, Keith O. Brenneman KOB/sz Enclosure CC: Jason I. Massie (w/enclosure) Via certified mail, return receipt requested, restricted delivery, Parcel No. 70993400000450096561 EXHIBIT A , -'.---, , L. .::r Return Receipt Fee o (Endorsement Required) CI CI Jennifer L. r'I .JJ U1 .JJ D'" c CI U1 Postage $ Massie r;;f; Certified Fee l.90 l.50 3.20 $ (.,~ Restricted Delivery Fee (Endorsement Required) CI CI :I' fJ1 Name (pl6asa Print Clearly) (to be comple/ed by mailer) D'" .mJ.I'lUui:E.er..J.. .,..M.a.ssie..___.___.._________..._._____..___... Street, Ae!: No.; or PO Box No. D'" 4 virginia Circle ~ .ciiy,.Siit;:zi'P;.4--....nn...nnnnnn.."nn.....-.nn...u.nn.....-.....-----.-.. Mechanicsburg, PA 17050 Total Postag" & Fees PS Form 3800, July 199~ ;. ,. ~ Reverse for Ins.lrVct ens 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. 1. Article Addressed to: D, elivery address different from item 1 If YES, enter delivery address below; Jennifer L. Massie 4 Virginia Circle Mechanicsburg, ~ v~5 CJ~ ~,,-- r:fI ~....,..,' <:la~ ~ )' ~--"I-. e,ype MAY It 2001 .- ert,"ed M.,r 0 Exp,ess MaH = =:ag;ste,ed 0 Retu," Rece;p' fo, Meechandlse ~~ -: -O~I ured Mail 0 C.O.D. :0 4. Restricted Delivery? (Extra Fee) 0 Yes LAW OFFICES SNELBAKER, BRENNEMAN & SPARE 2. Article Number (Copy from service! 7099 0004 5009 6561 PS Form 3811,- July 1999 Domestic Return Receipt 10259S-QO-M-0952 " EXHIBIT B I ~--~~"".. ~~1jj'l!liIfijliil-' ,'J J..~~ili~IiiIlf.l;"';t;;l'i!k;:.",~tl'~~,~1iI ~T1'(f"" ~,-: >J -~ _-~-~'" '~,iliIll1 'K L_' ,', ,;~;.j';; _ -~,~ "". i=~_ (') C) C C) ;;;."" - -'(j l)!'-;-- [!l{T: :---.. Z'j" --< :z-c (1)5: -~..; ~.. ~t :> ~r .. :=; ~c, >C. '::.) C" -, "'. .~ =< -,', , _. ,. '. ", " ' ~ ~~ Ii ii !~ ! I I I ~ .~c , . JASON I. MASSIE, Plaintiff IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v. : NO. 2001-2760 CIVIL TERM JENNIFER 1. MASSIE, Defendant : CIVIL ACTION - LAW : IN DIVORCE PLAINTIFF'S AFFIDAVIT OF CONSENT UNDER SECTION 3301(C) OF THE DIVORCE CODE 1. A complaint in divorce under Section 330l(c) of the Divorce Code was filed on May 7, 2001. 2. The marriage of the Plaintiff and the 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. 4. I verifY that the statements made in this Affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C. S. S 4904, relating to /'/ unsworn falsification to authorities. /_'--/ /./;/ /' / Date: January 24, 2002 " " LAW OFFICES SNELaAKER. BRENNEMAN & SPARE .1lS1.ii<J~~mW~~B~!M:f,~;i!R,*~o.:;),i~~';;fuf~:d ~ , '=, t,_,."" ", ~ ,. "..,w, '-", '., < ,.:.. 1fIj_lil!:~~ '\i~>U1Ut -;-- -,"'" ~...6iLnl -"""'--',~, -=-= -: '111~ (: H F:: ~. : U l:i ,'. 1'1 " i:.: Ii \i r! f:! I; ;1 [_I II Ii! '-I fi I: " ii " H i.1 Ii ,I " Ii (') D ,::) C t'~j <:~ , -Oli: -'1 ~i f'tj. Ii 01fT"' G.1 L:T, II ~1)'~ I 11 (J;- ~ , """ .....~ ~> II ;;-::>-< -. " )>"".' ?? () II c: I: 2: .~ -' :..:~. 'I ::J :JJ I, " -_J -< I' II 'i ~'.e"H,_ LAW OFFICES SNELBAKER. BRENNEMAN &. SPARE .;, ~" . i .. ,;, JASON 1. MASSIE, IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff v. : NO. 2001-2760 CIVIL TERM JENNIFER 1. MASSIE, Defendant : CIVIL ACTION - LAW : IN DIVORCE PLAINTIFF'S WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY Of A DIVORCE DECREE UNDER SECTION 330!(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 ofthe decree will be sent to me immediately after it is filed with the Prothonotary. 4. I verify that the statements made in this affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. S 4904 relating to unsworn falsification to authorities. /'7 Date: January 24, 2002 ~~am~l1~~~i!4.'(4i'1'!i!>i",t~EIJ1,;";1;.~,,.~.~Il1lJlilil5i_~';"'""lIlilll1Giiiill""~'"O.=.....;~'=-'V.~~~Ilt!:,.f .'- - " .._. - o c .,',-- --0 Cj.' m.'p.: Z":T: ~~ -7 '''1 :<: S'':': ,-..., ..,., r11 CO \ U -~, ~I ,,' ~I i~ ii' 'I l.ii Ii ;'1 H I:, ~: iti 1;1 1,1 Iii [;1 ':1 ',-:,:i(.l-) "-', "'<"1." :;:;: C:? ','-\' '~'.-) ~ '-", -"O~':\1 (~).' -, -~.. :P -< - --. LAW OFFICES SNELBAKER, BRENNEMAN & SPARE ~. "I~ . -- JASON 1. MASSIE, IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 2001-2760 Plaintiff v. CIVIL TERM JENNIFER 1. MASSIE, Defendant : CIVIL ACTION - LAW : IN DIVORCE DEFENDANT'S AFFIDAVIT OF CONSENT UNDER SECTION 3301(C) OF THE DIVORCE CODE 1. A complaint in divorce under Section 3301(c) of the Divorce Code was filed on May 7, 2001. 2. The marriage of the Plaintiff and the 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. 4. I verify that the statements made in this Affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C. S. S 4904, relating to unsworn falsification to authorities. Date: /-J.}.J:.;&iI,OO?-- l_L K alaJJ<g Jennifer 1. Massie (Defendant) miMljll!(~l~JW.&li*Jrrul~U;_~W.' ""''''''''- ~~n, h ~_ , _ ~_ ~!>l'ill;;;i1H..ill!'l;l.'~Wt!J'H&~~.:jl'~.~li1~a[f ''''-~iiilJiW!itjj~""- .. r.', > ~-~"',~-."- M ~ ,'C. ,-,'~"""'"''''~''''"'_"~ <'"!'.. _'.',"' - ". ':j1l!llID:.~~- .,. ., .," ..,~", ~-~~, (") C_--:C z: --0 b; mj"'~'! ~~' r:::c: ~f; )> c:: L:J -', -<. o r-..J -n :'71 C.v 1 ('''- -" ('J ~~! 'j i.1 ., ~i I 1'1 (I .1 ,I :'1 , 1'1 :'1 Ii I'! 1'1 :;1 , n N 1I d (I H ~ I' 'I !I '. 11 I! ~ 'I I, II il " l! II 11 !j I !! I ]1 I " Ii ,I I' ,I , .-'.:! s~ ~?? -..J LAW OFFICES SNl::LBAKER. BREO:NNEMAN & SPARE - " iI," . JASON 1. MASSIE, IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff v. : NO. 2001-2760 CIVIL TERM JENNIFER 1. MASSIE, Defendant CIVIL ACTION - LAW IN DIVORCE DEFENDANT'S WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER SECTION 3301(c) OF THE DIVORCE CODE 1. I consent to the entry of a final decree of divorce without notice. 2. I understand that I may lose rights concerning alimony, division of property, lawyer's fees, or expenses if! do not claim them before a divorce is granted. 3. I understand that I will not be divorced until a divorce decree is entered by the Court and that a copy of the decree will be sent to me immediately after it is filed with the Prothonotary . 4. I verify that the statements made in this affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. S 4904 relating to unsworn falsification to authorities. Date: I-a..l.f- c1cJ(Jd-. (L c!d'~) ~ Jennifer 1. Massie (Defendant) _~~~.it~~",*J"''':Ji:'''1<J<.;J,(0'''').f2'-OO:%~S:~W,!1l:j.i'~'''-~~ I~~ '~- ~, ~ ~ ,~- ,-" ,-- "__ "-'0 _~ . .. . '0_"--'". "-.-',. "i'~"""''' JHu ~, No- .-"', I~. . , C :-.;."" v (,:i:: {1l!"i-=- <<:::.-::-: zf--- (j) ;c" ;<~L; :<'-'J Jc>r. ~~~ :z; =< ~> . I,' r: f' Ii -', ,. I Iii I,' n " I'i :'i , ~I 'I .' I'd Ii ~ ~J P'0 () "-n '"""J 8 1 CJi - !:~.:~ :-i"C.} :t:-"'" :!: :'~~ (! , '<:iJ <~,: (") c)j,' co "'"....: ":-, :D -< " '':!''''''""' ''Ii " LAW OFFICES SNEL8AKER. BRENNEMAN & SPARE i,~~:, POST-NUPTIAL AGREEMENT THIS AGREEMENT, made and entered into this 36~ ^ day of JAAJV"'i , 2002 by and between: JASON I. MASSIE, of 105 Hillside Road, Mechanicsburg, Cumberland County, Pennsylvania, party of the first part, (hereinafter "Husband") AND JENNIFER L. MASSIE, of 4 Virginia Circle, Mechanicsburg, Cumberland County, Pennsylvania, party of the second part, (hereinafter "Wife") WITNESSETH: WHEREAS, Husband and Wife (collectively referred to herein as the "parties") were married to each other on September 12, 1998 in Cumberland County, Pennsylvania and separated March 1,2001 since which time they have been living separate and apart; ,and WHEREAS, the parties last resided with each other at 4 Virginia Circle, Mechanicsburg, Pennsylvania; and WHEREAS, the parties have accumulated certain assets and incurred certain debts during their marriage; and WHEREAS, the parties have no children of their marriage; and WHEREAS, certain differences have arisen between the parties, as a consequence of which they are separated and live apart from each other; and WHEREAS, on May 7, 2001 Husband commenced an action in divorce docketed to No. 2001-2760 in the Court of Common Pleas of Cumberland County, Pennsylvania (hereinafter the "Divorce Action"); and ,;,.'~ '. LAW OFFICES SNE::LBAKER. BRENNEMAN & SPARE ~.~.~. - . :---,", '. ~'-~''i&,-~,_ ,.:.J , ", . WHEREAS, the parties agree that their marriage is irretrievably broken; and WHEREAS, the parties acknowledge that each has had the full opportunity to be advised independently and represented by separate counsel concerning their respective rights, duties and obligations arising out oftheir marital status and with respect to the terms and provisions of this Post-Nuptial Agreement and the meaning and legal effect thereof and have either obtained such advice and representation or have voluntarily chosen not to do so; and; WHEREAS, the parties having a full opportunity to be so advised of their respective rights, duties and obligations arising out of their marital status, and each having a full opportunity to investigate and evaluate assets, liabilities and all other aspects of each other's property and their jointly owned assets and liabilities, have come to an agreement for the final settlement of their property and affairs, which they believe to be fair, just and equitable, NOW THEREFORE, in consideration of these presents and the mutual covenants, promises, terms and conditions hereinafter set forth and to be kept and performed by each party hereto, and intending to be legally bound hereby, the parties mutually agree as follows: 1. INCORPORATION OF PREAMBLE. The foregoing preamble and paragraphs are incorporated by reference herein in their entirety. 2. MUTUAL SEPARATION'i Husband and Wife shall be free from constraint or control by the other as fully as if he or she were unmarried, Neither shall disturb, trouble nor interfere in any way with the other or with any person for associating with the other. 3. DECLARATION AS TO ASSETS AND WAIVER OF EVALUATION. The parties declare and agree that they have, prior to the execution of this Post-Nuptial Agreement, voluntarily agreed to divide and have physically divided and distributed between themselves all of the parties' personal property, furnishings and furniture. All assets and -2- "'-~ '. LAW OFFICES SNEl-BAKER. BRENNEMAN & SPARE - --" 'j",' '-"'-' '~ ; property possessed by each party as a result of this final division and distribution shall be owned and possessed free of any right or claim of the other, it being understood that each party may own, possess, use and dispose of freely any property in his or her possession. The parties acknowledge and agree that the division and distribution of property as set forth above has occurred whether or not said property is or would be deemed to be marital property under the Pennsylvania Divorce Code and subject to equitable distribution. The parties declare and acknowledge that they are fully aware and familiar with all assets and real property that each has brought into the marriage and that has been obtained or acquired separately or jointly by them during the course of their marriage and therefore waive any valuation thereof. Each party expressly releases the other of and from any and all right of equitable distribution or claims to assets and property of any kind or nature whatever possessed in accordance with this Agreement by the other party and hereby declares and acknowledges that the voluntary division by them of all property, whether marital or not, is fair and equitable. 4. AUTOMOBILES. The parties represent and acknowledge that each is in possession of motor vehicle titled in his or her name alone: Wife a Volkswagen Cabriolle and Husband a Volkswagen Gulf, and that each shall retain sole ownership, use and possession of the motor vehicle in his or her possession. Each party further agrees to waive any right or interest in or to the motor vehicle in the possession of the other and be solely responsible for insuring and paying any debt secured by or applicable to the vehicle in his or her possession whether or not said debt was incurred during the parties' marriage. Finally, each party agrees to hold harmless and indemnify the other of and from any liability, loan or expenses relating to the ownership, use and maintenance of the motor vehicle in his or her possession. -3- , I ""~,~ ~'h!i~-.oo"L 5. BANK ACCOUNTS AND MONEY MARKET ACCOUNTS. The parties represent that there are no joint bank accounts and that any bank accounts jointly held by the parties up to the time of their separation have been divided by mutual agreement to their satisfaction. 6. MUTUAL DEBT AND FUTURE OBLIGATIONS. The parties represent that there are no joint debts or other obligations outstanding, due or collectable for which they are jointly liable. The parties agree that each shall be responsible for the payment of any debt in his or her own name or any other obligation for which he or she is solely liable, whether or not that debt was incurred during their marriage and irrespective ofthe purpose for which such debt or obligation was incurred. The parties agree that any and all loans, debts and/or obligations incurred subsequent to March I, 2001 shall be the sole and separate liability and responsibility of the party incurring the obligation and each party agrees that he/she will not incur or attempt to incur any obligations for or on behalf of the other party and will indemnify and hold harmless the other party of and from any and aU liability arising from any debt or obligation that either party has presently in his or her name and is solely obligated to pay. 7. MARITAL RESIDENCE. The parties acknowledge that they were the owners ofa residence known as 4 Virginia Circle, Mechanicsburg, Pennsylvania which was acquired during their marriage (hereinafter the "marital residence") and has since been sold. The parties agree that they will divide equaUy any net proceeds from the sale. 8. PENSION, 401K. RETIREMENT PLANS, BENEFITS EMPLOYMENT BENEFITS. LAW OFFICES SNEL8AKER. BRENNEMAN & SPARE Each party waives and forever releases the other of and from any and all claims which either may have against the other's pension, 401K Plan, retirement plan or any other retirement plan, -4- ~~"~ - ,-=, '. LAW OFFICES SN~L8AKER. BRENNEMAN & SPARE ,,-w.l.i;k~' benefit or employee benefit or benefits, whether or not same may be vested. 9. TAX IMPLICATIONS AND MATTERS. In the event it is determined that there is any tax liability of the parties, which liability relates to any year the parties were married and filed jointly, then in such event, the parties will contribute to the payment of such liability in proportion to their respective incomes for the year to which such liability pertains. 10. RELEASE OF SUPPORT AND RIGHTS UNDER DIVORCE CODE. Each party waives and forever releases the other party of and from any and all claims which either may have against the other for spousal support and for claims which either may have against the other by reason of and pursuant to the Pennsylvania Divorce Code (and the divorce law of any other jurisdiction) including, but not limited to, alimony, alimony pendente lite, equitable distribution of marital property, counsel fees, cost and expenses, except that the performance of any obligation created hereunder may be enforced by any remedies under the Peunsylvania Divorce Code. 11. DIVORCE. The parties agree to terminate their marriage by mutual consent without counseling and each agrees to execute the necessary affidavits, waivers and consents to procure a consensual divorce under the provisions of the Pennsylvania Divorce Code, such documents to be filed in the Divorce Action. 12. GENERAL RELEASE. Husband relinquishes his inchoate intestate right in the estate of Wife, and Wife relinquishes her inchoate intestate right in the estate of Husband, and each of the parties hereto by these presents, for himself or herself, his or her heirs, executors, administrators or assigns, does hereby remise, release, quit-claim and forever discharge the other -5- I ~~"''''''' '. LAW OFFICES SNe:LBAKER. BRENNEMAN & SPARE ~ ,~,. ..J. ", ,.~~.,". Eo ~ -","' , Jci._ ",-, party hereto, his or her heirs, executors, administrators or assigns, or any of them, of any and all claims, demands, damages, actions, causes of action or suits at law or in equity of whatsoever kind or nature, for or because of any matter or thing done, omitted or suffered to be done by such other party prior to the date hereof, except that this release shall in no way exonerate or discharge either party from the obligations and promises made or imposed by reason of this Agreement. 13. SURVIVAL OF AGREEMENT. It is the intention of the parties that this Post- Nuptial Agreement shall survive any action in divorce which may be instituted or prosecuted by either party, and no order, judgment or decree of divorce, temporary, interlocutory, final or permanent, shall affect or modify the terms of this Agreement, but said Agreement may be enforced by any remedy at law or in equity, including enforcement proceedings under the Peunsylvania Divorce Code. The parties agree to incorporate this Agreement into a separate order of court to be entered in the Divorce Action, but this Agreement shall not be merged into said order or decree in divorce. 14. COOPERATION. The parties agree to cooperate with each other and to make, execute, acknowledge and deliver such instruments and take such further action as may hereafter be determined to be requisite and necessary to effect the purposes and intention of this Post- Nuptial Agreement. 15. BREACH; INDEMNIFICATION. If either party hereto breaches any provision hereof, then the nonbreaching party shall have the right, at his or her election, to sue for damages for said breach, or seek such other remedies or relief as may be available to him or her, and the defaulting party shall be responsible for payment of all reasonable legal fees and costs incurred by the other party in enforcing his or her rights under this Agreement. Each party agrees and covenants to indemnify and hold harmless the other party from any and all liability and/or claims and/or damages and/or expenses (including attorneys' fees and expenses oflitigation) that the -6- ],-"""1-'< ~ -,- , . L .~ . ".:'" ., , .'. ,;." '-'~" "~..Ji,. ,j.,@"",', indemnitee may sustain or may become liable or answerable in any way whatsoever, or shall pay upon, or in the consequence of, the indemnitor's breach of any obligation, term or covenant of indemnitor under this Agreement, including, but not limited to, indemnitor's obligation to make any payment provided for herein. 16. VOLUNTARY EXECUTION. The parties declare and acknowledge that they have had the opportunity to have the provisions of this Post-Nuptial Agreement and their legal effect explained to them by independent counsel of their choosing and each party acknowledges that this Post-Nuptial Agreement is fair and equitable, that it is being entered into voluntarily, with full knowledge of the assets of both parties, and that it is not the result of any duress or undue influence. The parties acknowledge that they have been furnished with all information relating to the financial affairs of the other to the extent same has been requested by each of them. 17. ENTIRE AGREEMENT. This Post-Nuptial Agreement contains the entire understanding of the parties and there are no representations, warranties, covenants or undertakings other than those expressly set forth herein. The parties acknowledge and agree that the provisions of this Agreement with respect to the distribution and division of marital and separate property are fair, equitable and satisfactory to them based on the length of their marriage and other relevant factors which have been taken into consideration by the parties. Both parties hereby accept the provisions of this Agreement with respect to the division of property in lieu of and in full and final settlement and satisfaction of all claims and demands that they may now have or hereafter have against the other for equitable distribution of their property by any court LAW OFFICES SNE1..8AKER. BRENNEMAN & SPARE of competent jurisdiction pursuant to the Peunsylvania Divorce Code or any amendments thereto. Each party voluntarily and intelligently waives and relinquishes any right to seek a court -7- ",''''''''ai"~'' . . ordered determination and distribution of marital property, but nothing herein contained shall constitute a waiver by either party of any rights to seek the relief of any court for the purpose of enforcing the provisions of this Agreement. 18. WAIVER/MODIFICATION. The waiver of any term, condition, clause or provision of this Agreement shall in no way be deemed or considered a waiver of any other term, condition, clause or provision of this Agreement. This Agreement can only be modified in writing executed by both parties hereto. 19. APPLICABLE LAW. This Agreement shall be construed, interpreted and enforced according to the laws of the Commonwealth ofPeunsylvania. 20. HEADINGS. The headings or titles of the numbered paragraphs of this Agreement have been used only for the purpose of convenience and shall not be resorted to for the purposes of interpretation or construction of the text of this Agreement. 21. EFFECTIVE DATE. This Agreement shall be dated and become effective on the date when executed by the latter of the two parties. IN WITNESS WHEREOF, the parties have hereunto set their respective hands and seals intending to legally bind themselves and their respective heirs, personal representatives and assigns. WITNESSED BY: .JG/h.--<. .. ~. EAL) -:4wrJ- 41 son 1. Massie ate: 1- 'l,)b - 2-002- vi- -' :/c Jennifer L. Massie Date: /-aL(.ti?&:Jd-i -8- ~--" LAW OFFICES SNEL-BAKER. BRENNEMAN & SPARE (SEAL) _~#~im!!~~\f~~1"4Ill,",,<jjl!l~'.ii!~ttii~i4~~'lr'.J"."'''''= i&:II. eFs' ~ ,,~ ,,-~",",~ "'~" '-''','' ,. ~, ,"'_,~, _'. t-"""".~ .. ^,', ,":""""'''<lr''''''rki.lm8' ~ . " " ,>,+" L,;'C~ ' " , ~-- * -, -~ .~ '~ "~~ -, o ~;, ~f~~ i :~ -'j ~ ~~~::~ ~cj >r''''' ~:~~ -,' .<:-- -) -~ c"J ~'''-) --r: r~ cD \ U-; . . ~ 5"~ co - , "'--" '<>.~ .' . . . I r . I. ! . l_~ (",", .,~ , ~"~ ~ ~......"'~" ,J~ LAW OFFICES SNELBAKER. BRENNEMAN & SPARE ."', .', -,"',\;JU",,,,,J,,M,d JASON 1. MASSIE, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA : NO. 2001-2760 CIVIL Plaintiff v. JENNIFER L. MASSIE, Defendant CIVIL ACTION - LAW IN DIVORCE PRAECIPE TO TRANSMIT RECORD TO: Prothonotary of Cumberland County: Please transmit the record, together with the following information, to the Court for entry of a divorce decree: 1. Ground for divorce: irretrievable breakdown under Section 3301(c) of the Divorce Code. 2. Date and manner of service of Complaint: by certified mail, restricted delivery on Defendant on July 30, 1996 (see Affidavit of Service filed herein). 3. Date of execution of the Affidavit of Consent required by Section 3301(c) ofthe Divorce Code: by the Plaintiff: January 24, 2002; by the Defendant: January 24, 2002. 4. Date of execution of Waiver of Notice in Section 3301(c) Divorce: by the Plaintiff: January 24,2002; by the Defendant: January 24, 2002. 5. Related pending claims: None, SNELBAKER, BRENNEMAN & SPARE, p, C. Date: February 4, 2002 IA~ By: Attorneys for Plaintiff .~~Srnm~~'-!siY'-~~,jei,;!illif{!:ci<&l~"J.~~";-,,~",),~;-,.#j-!E'j!jfiili'"("l':!:@li;,!ik""'k.....~*fii,~""". ,- JiJiillRf IilItiB"('''' m!imW:'l'iIl%.lrt"~'---~'w ~. ~. p 1P,J!!II!Il.., ~_~.~ , "',~~ "'~.,~ "'.n' ",.,'","", . "'^h.~ .'<., _,_, ~ '1" ~ ~,~, . ",,"," ~. , ,-~"""-~...,,. " I , i', r I I I (") CJ C r-0 ~ '-rj "'(J Co.:., 'Ti r m f, CO ;:;(;; ::r;_' , "T, L [' . if' (.;'''i '.-' -< ;- , , ,<t"~ ~.,I' ):f;!> " ~~;j +'f"l ~C-, :1:- (:) ~:(:J ?? Cl f"T"! J;:~C ___1 Z -I~: ::;! CO ~ ~,~,-, H ~, . ~< . . . . . '" "'",- . ' ~',. '"-"~ ., ,j -I; .~ -." , . :f.:f. :f.:f. . . . ;f. :f.:f.;f. :f.:f. . IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY . . . STATE OF . JASON I. MASSIE, . PENNA. Plaintiff No. 2001 2760 CTVII. TRRM . . VERSUS . JENNIFER L. MASSIE, Defendant . . . . . . . . AND NOW, DECREED THAT AND DECREE IN DIVORCE '1~ 1'1" , 2002, IT IS ORDERED AND JASON I. MASSIE , PLAINTIFF, JENNIFER L. MASSIE , 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; None. The parties' Post-Nuptial Agreement is incorporated . but not merged into this Decree. . . . . . ~_ J. ~U.~~'O'HONO'A'Y . .. :f. :f. :f. '" "'''' '" '" ;to"''''''' '~"~~"~,, .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . '" '" :e'" L il il Ii Ii I Ii II ~, ~i il I:: 8, ~i I i! ,i ~ : ii, iii Ii: I il! ill !11 ~ , ~ i 'I: ~ : I:: :ii h '.,,"" , '" ~i:'.l ~J9,().;;:; M~/U~ ':64 ~ 02/90.;1 71~ ~ &;t'~ . t .. "":- ~, Tl''Jl iT H.~"~~_....... :mm, "",,,,,.<~~~~~.j';;~,,~,:~i!j;<,'t1'~~JW\~~~~~.,,,!,,,, ,-t".I~~'