The URL can be used to link to this page

Home My WebLink About01-2762 FX III "-J'" _,,_ ;--, . ,d-- ,-- ~,._,-, _ ,-. _ "~ '" l;;__;",,,;_:.:;_;.~,',i,,~~:,,,;~:,,,_,,,_ ",< --"Y-"J , ~~~~~:'):C!;:"':~*3~{-)~():-C~~::~*::.:X::~!::C~;:)3E'(~*:.c~:: XCK)::C~:::}::+~{:,;!::.}{::~!::C~~:':?*::.~!,::,::~~::C~~:::::;~::.~!t')::.~~~::)::.~!$.:...g;'::C!W}!::c!$r~!~E::*::.~~::+}:[:~*:C!:::::~!::.::!()-::C!::;:~!::C!~~~I ~ I 8 I ., . ~" ~ ~.' ?'-:~ ~ $', ~ ~ ~ '. I...._._..~.. .._i?"_"'._~>_'-""'~'" ,__....-.:'. ~ ,,-.,,' ~ N fi ~.~ -".", ~ ~.~ ili * ",.;., ~ ~.~ 'v' ~ ~.~ ~.~ ~ ~ ~.~ I v: ~ ~.; -~ ~.~ ~ fA f.'~ ~ ;"s ~ "'.'-- ~ ~.~ * ~.~ i I ~~ ~ ~-:~ ~ ?~; V ~ ;..~ ~ ~ ~ ~.~ ~ ~ ~:i s ;.~~ ~ ;..~ ~ -,.,: f..~ ~ ~~ ~ '--'. li' ~ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY STATE OF PENNA. .. ....J1\!'!lE;!;;, .,y, ..P.ARP~).Il.. Pl.aj,nt,i,ff nnnmmm'n I II No. .....9J:::.?.I!i.? ..................19 Versus PAMELA. S. DARDEN Defendant DECREE IN DIVORCE ... AND NOW, ......... Af!".-.':...'....... ,~. .2.QQ1, it is ordered and decreed that ..... .~~~.S. Y ~ . ~~l!-I?~!'l. . .. . . . .. . . .. . . . . . .. . . . . ", plaintiff, and..... .P.~":IJ!:~!I: .~:. .~~l!-I?~!'l................................., 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; ..~~~.~~9?~l!-~~.~~~~~~~~~~.~~~.~E:?A~~r~PN.~~~~~~~N~.PA~~O......., DECEM~)'.:R. ,4". .1.9.9.( IS.lN.C:Ol<PPEl\.TED. .BUT. .NOT. MERGED .IN. .':CHE. DECREE. ...... .. BY;({kc/#i.. AlleY (V mom u ~l Prothonotary i ~.~ ~.~ * ~~~ ~ .".", ~ !i'.~ a ~.~ 'q' f.':.~ ~ ~~~ ., I ~ a ~.~ ~ ~.~ ~ i ~~ !~ ;..; , """ i ~~~ ~ ~.~ * I ~.~ :;:~ ~ ~.~ "'.'" ~ ~~~ ~ ~.; ~ ~ ~.~ ~ ~.~ ~ ~.~ ~ ~I, ~ w ~.~ ~ ~.~ ~ ~.~ ;,-~ ~ J. ~ ;i; ~.# ~ '.~ ~ ~." ~ ~ ~~~ .~~~~~~~~~~~~~~~~~~~~~~~ '< I I'"l, ,~g,'~""; ~-= ~ n '" <. -~- , " ,'l. .' 17;,;>-,:;1 M. t!o/ _ ~ '22, 4 ~ $';;JeJ/ ?f~ ~ "0 ~" .'d ~, _ , f? 53 ~ f" _~mW'q;;;," ,I ,~~ ~~".!=~~_,__,",,~_;;rii~~"ri;jl'WI\llIl!tl~~"~~~~~~~ '-'~i: , ". ~ James V. Darden, Plaintiff v. : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 01- ,;)7(P~ CIVIL TERM : CIVIL ACTION : IN DIVORCE Pamela S. Darden, 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 will proceed without you and a decree in divorce or annulment may 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 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 1st Floor, Cumberland County Courthouse, South Hanover Street, Carlisle, Pennsylvania 17013. IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF MARITAL PROPERTY, LAWYER'S FEES, OR EXPENSES BEFORE A DIVORCE 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 (717) 249-3166 " [!j -- '"' '* ' -,' ,-~", -', ". ,..t:.).""...:,._,_ , ,,~.'~'j;&,~ James V. Darden, Plaintiff v. : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 01- ",l '7c,,z, CIVIL TERM : CIVIL ACTION : IN DIVORCE Pamela S. Darden, Defendant NOTICE TO DEFEND AND CLAIM RIGHTS 1. Plaintiff is James V. Darden, an adult individual, currently residing at 35719 Castlewoods Ct., Wayne County, Michigan. 2. Defendant is Pamela S. Darden, an adult individual, currently residing at 2284 Pine Road, Cumberland County, Pennsylvania. 3. Plaintiff and Defendant are bonafideresidents of the Commonwealth of Pennsylvania and have been so for at least six months immediately previous to the filing of this Complaint. 4. Plaintiff and Defendant were married on February 5, 1982 in Baltimore County, Maryland. 5. There have been no prior actions for divorce or annulment between the parties. 6. The Defendant is not a member of the Armed Forces of the United States of America, or its Allies. 7. The Plaintiff has been advised of the availability of counseling and the right to request that the Court require the parties to participate in counseling. Knowing this, the Plaintiff does not desire that the Court require the parties to participate in ' counseling. Ii 8. Plaintiff and Defendant are citizens of the United States of America. : 9. The parties have lived separate and apart since November 15, 1997 and continue to live separate and apart as of the date of this Complaint. 10. The parties marriage is irretrievably broken. ,. '-" WHEREFORE, Plaintiff requests your Honorable Court to enter a Decree in Divorce. Respectfully Submitted TURO LAW OFFICES mil Y ?; ;}oo/ Date dtd'l~ r Robert J. ulderig, ~e 28 South Pitt Street Carlisle, PA 17013 (717) 245-9688 Attorney for Plaintiff , !! II ~ ~~_~~~~~"M~~Ji~~,,,,~,s,"'#;ihci;.n:;,,'1AA!,j;j1i1l>Ft;1--'~-~l!l:M~i1I:tit'- ~ ~, ;::; ~ '\J 1.'JJI11l;!J1"",>_ """""^,",_~~.,, .'---'''7,", ,,,,-:" "__-'i~>_"",,_,"'O_,~_._, - ',-, ,~__, ,-' ., ". ',,~-,c l~ t. w ~ "r,' ~-_'~'e..,,, '" ., ~':;-II!1111 !iMrmMiilF';';'~ '" - . .' -1M? - =-- ~~~ T ........ ........ ~ \J\. (j;! ,,~ ~ ~ ~ ,\ ~ ~ . _ _,_~_ -'r.'" ." -""~ ;--'. v ~;. lT1C:- -r"i' ~ ~~~:~- -< ~,- r:: C', <.- :;c'c' ~(5 ""'C -/ ~ o r- ? '. C~ ..:~ -T\ -..,-,.. -,~... ';,=--OO> ~'n~ I .-.l , " ,,:- ,~, 't ,~.-') -'1 .,___---n T:7~r~ I......> -< -. :JJ 0< .-1."; ~".. ~,",-~ L:'t (1'\ .llifiiili;j ~ . " James V. Darden, Plaintiff v. : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 01- ;;)I/;;). CIVIL TERM : CIVIL ACTION : IN DIVORCE Pamela S. Darden, Defendant NOTICE TO THE DEFENDANT If you wish to deny any of the statements set forth in this Affidavit, you must file a Counteraffidavit within twenty (20) days after this Affidavit has been served on you or the statements will be admitted. PLAINTIFF'S AFFIDAVIT UNDER fi3301(Q) OF THE DIVORCE CODE 1. The parties to this action separated on November 15, 1997 and have continued to live separate and apart for a period of at least two years. 2. The marriage is irretrievably broken. 3. I understand that I may lose rights concerning alimony, division of marital property, lawyer's fees or expenses if I do not claim them before a divorce is granted. I VERIFY THAT THE STATEMENTS MADE IN THE FOREGOING AFFIDAVIT ARE TRUE AND CORRECT. I UNDERSTAND THAT FALSE STATEMENTS HEREIN MADE ARE SUBJECT TO THE PENALTIES OF PA. C.S. ~4904 RELATING TO UNSWORN FALSIFICATION TO AUTHORITIES. ~ ~ -<t:Jo/ Date ' ~d g'$/~ Jafiies V. Darden iI Mj ~ James V. Darden, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v. : NO. 01- : CIVIL ACTION : IN DIVORCE CIVIL TERM Pamela S. Darden, Defendant DEFENDANT'S COUNTERAFFIDAVIT UNDER ~3301(Q) OF THE DIVORCE CODE 1. Check either (a) or (b) (a) I do not oppose entry of a Divorce Decree. (b) I oppose the entry of a Divorce Decree because: (i) The parties to this action have not lived separate and apart for a period of at least two years. (ii) The marriage is not irretrievably broken. 2. Check either (a) or (b) (a) I do not wish to make any claims for economic relief. 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. (b) I wish to claim economic relief which may include alimony, division of property, lawyer's fees or expenses or other important rights. , " II " 1.1iiit. ~'il2El.~ w~, , - VERIFICA liON I verify that the statements made in the foregoing Divorce Complaint are true and correct. I understand that false statements herein made are subject to the penalties of Pa. C.S. 34904 relating to unsworn falsification to authorities. Date Pamela S. Darden II ',' """"L;u~__jjl'l,iilili~ll'~' .- ]~,~~~~,<"'"" f" .", ~ -, "kL""o' ," ",' "__,,C ,'M ,.", ",',' .. - Ci " 1:1 1'1 1:,11 , ,:i :1 i;i 0 0 C ~'-.. " -0 CD "(:~"" fTlf-,-i --< ;~:T' zr en),," k.-.l -< ~;: C~ '::' C:,. ~.-:J :>0" " ...- (~ .-- ~O '-i! P'-! c.: ~ .";7 =< :n (J"\ -< .., -~ , " .- .~ . n_ ,. < ~~... _';"j-J-= "-c __ i;J,~]:.~_ " . , JAMES V. DARDEN, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v. : NO. 01-2762 : CIVIL ACTION : IN DIVORCE CIVIL TERM PAMELA S. DARDEN, Defendant ACCEPTANCE OF SERVICE I, Pamela S. Darden, the Defendant, in the above captioned divorce action, hereby accept service of the Complaint in Divorce and the Plaintiffs Affidavit filed on May 7, 2001, in the Court of Common Pleas of Cumberland County, Pennsylvania, and certify that I am authorized to do so. ?--a:O - cJ I Date p~j) W/{~"' Pamela S. Darden II ~~~~~Il!~jMj~;pj18"~*_"l\l~i;.<ljf1.W:lf~_.ildatJJll.ft...-:.....i-'4lJIIl!:'" ,;;;,)~K-~:),},.Tl, ,-" ~!!.,L..~,,-~rr~,.',>Jt_, ;U.-,,, - "",.,~ _.",",.'.'c<f'-"~_- ",,^ ,;-<_~."..",,,, _m~ -_. . - " ~-.~~ _l;;:iili1-d'.ii~j c! ~--~ -'-. c. ~ 41 -,,- ~ -'-W~~4x~ ,--~ ,.l~"- ~ ....,,'Ii;;t~IJl~~ '." _v'i1fM~' ~ " - , James V. Darden, Plaintiff v. : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA ~ NO. 01- 2,7&1- CIVIL TERM : CIVIL ACTION : IN DIVORCE Pamela S. Darden, Defendant DEFENDANT'S COUNTERAFFIDAVIT UNDER ~3301 (Q) OF THE DIVORCE CODE 1. Check either (a) or (b) ,/ (a) I do not oppose entry of a Divorce Decree. (b) I oppose the entry of a Divorce Decree because: (i) The parties to this action have not lived separate and apart for a period of at least two years. (ii) The marriage is not irretrievably broken. 2. Check either (a) or (b) L (a) I do not wish to make any claims for economic relief. 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. (b) I wish to claim economic relief which may include alimony, division of property, lawyer's fees or expenses or other important rights. ._.~~ ~ ~"~""'" ~ " ". ' ,~ ~-'" . ~J'-'~ '-~~-" J ~ ,. . . . . VERIFICA liON I verify that the statements made in the foregoing Divorce Complaint are true and correct. I understand that false statements herein made are subject to the penalties of Pa. C.S. ~4904 relating to unsworn falsification to authorities. ,/)-1 r.; -01 Date ~ild- /n/(Ah~ Pamela S. Darden a;,~U'lI!i~;$J!Io1!\!ii~!!Ii!/J!!i@:~.L~iI1!(li:!k1!~wg"w..."""'~lii1ii,",~gt,li~ijillti!~",'~&l'_~{''''-'*,WU.....l.-'l>~!IlliMlj~""_~\3I~~~mt~jlf ..' () ~~ -ct t~-'i n".,.- ;.::::! ~j~: ..Yj (}5-::-- -..;"'- ~8 '-.-. -';"- ~ -< -~Il-_ . .,_ ":.:~ J = _"',.~'" -~ - ."__,C.~.- M,_'_~" ,." ." n_'.= .' lll; ! , . c'" r-,-J '..{? "V lD i} -< , "'l~I>'I~ ~ ,~ ~-,~., ." - ,- , , , ,~ ,~ ~-."~' ", . -'-"-'"""--~.~~N~:-_/ .II..... . - . JAMES V. DARDEN, Plaintiff v. : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 01-2762 CIVIL TERM PAMELA S. DARDEN, Defendant : CIVIL ACTION : IN DIVORCE NOTICE OF INTENTION TO REQUEST ENTRY OF ~ 3301(d) DIVORCE DECREE TO: Pamela S. Darden 2284 Pine Road Newville, PA 17241 You have been sued in an action for divorce. You have failed to answer the Complaint or file a Counter.Affidavit to the ~3301 (d) Affidavit. Therefore, on or after June 16, 2001, the other party can request the Court to enter a final Decree In Divorce. If you do not file with the Prothonotary of the Court an Answer with your signature notarized or verified or a Counter.Affidavit by the above date, the Court can enter a final Decree In Divorce. A Counter.Affidavit which you may file the Prothonotary of the Court is attached to this Notice. Unless you have already filed with the Court a written claim for economic relief, you must do so by the above date or the Court may grant the divorce and you will lose forever the right to ask for economic relief. The filing of the form Counter-Affidavit along does not protect your economic claims. 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 OUR WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 (717) 249-3166 Respectfully Submitted TURO LAW OFFICES ~/~7?~1 Date )' Robert J. e Ig, Esquire 28 South Pitt Street Carlisle, PA 17013 (717) 245-9688 Attorney for Plaintiff '_~ti"""- lit ~-~~U 'ai,dL LldJM. ~ - ~ - ~.-~' -......,,;.~~ ~ , . , ,,-=," ~""iiiliiilill"'II..J. ;;wa~,,"?dXh_""M,i~M'r, . > . '. . . PROPERTY SETTLEMENT AND SEPARATION AGREEMENT THIS AGREEMENT, made this f.jf:::. day of ~J)ftn'-..JoO...y- 1997, at Carlisle, Cumberland County, Pennsylvania, by and between JAMES V. DARDEN of 2284 pine Road, Newville, Cumberland county, Pennsylvania 17241 (hereinafter referenced as "Husband") AND PAMELA S. DARDEN of 2284 pine Road, Newville, Cumberland County, Pennsylvania 17241 (hereinafter referenced as "Wife"). ARTICLE I SEPARATION 1.01 Separation of Parties. Differences have arisen between the parties as a result of which they have been living separately and apart since November 15, 1997. 1.02 Intention to Live Apart. ~he parties intend to maintain separate and permanent domiciles and to live apart from , each other. It is the intention and purpose of this Agreement to set forth the respective rights and duties of the parties while they continue to live apart from each other and to settle all financial and property rights between them. ARTICLE II ENFORCEABILITY AND CONSIDERATION 2.01 Equitable Distribution of Marital Property. The parties have attempted to divide their marital property in accordance with the statutory rights of the parties and in a manner which conforms to the criteria set forth in S401 of the Pennsylvania Divorce Code, and taking into account the following ~~~...~.~, ~~ '~.,~L I ~. "--~~~A-, . considerations: Any prior marria es of the parties; the age, income, vocational skills, health, station, amount and sourc employability, estate, liabilities and needs of each of the parties; the contributions of eac party; the opportunity of each party for future acquisition of c pital assets and income; the sources of income of each party, including, but not limited to, medical, retirement, insurance or other benefits; the contribution or dissipation of ea h party in the acquisition, preservation, depreciation or app eciation of marital property, including the contribution of eac~ party as homemaker; the value I I of the property set apart to each Iparty; the standard of living I of the parties established during Ithe marriage; and the economic , circumstances of each party at th, time the division of property I I I The division of existing mar~tal property is not intended by the parties to constitute in anYW1Y a sale or exchange of assets, and the division is being effecte~ without the introduction of I outside funds or other property n9t constituting marital property. The division of proper~y under this Agreement shall be in full satisfaction of all right, of equitable distribution of I is to become effective. the parties. I I 2.02 Incorporation and Merger. This Agreement shall be I incorporated but not merged in th~ decree of divorce contemplated I herein. This Agreement shall sur~ive any action for divorce and decree of divorce and, unless othJrwise set forth herein and, I except as to issues of child sUPP9rt and child custody, shall -2- J""""- ~"',,~"'- I v .~~" 1 ~ - .......~~ .>", - ", iliEil!l!~lllltii"'i1fg;, / . forever be binding and conclusive on the parties; and any independent action may be brought, either at law or in equity, to enforce the terms of this Agreement by either Husband or Wife until it shall have been fully satisfied and performed. The considerations for this Agreement are the mutual benefits to be obtained by both of the parties hereto and the covenants and agreements of each of the parties to the other. The adequacy of the consideration for all agreements herein contained is stipulated, confessed and admitted by the parties, and the parties intend to be legally bound hereby. 2.03 Agreement Predicated on Divorce. It is specifically understood and agreed, by and between the parties hereto and each of the said parties does hereby warrant and represent to the other, that the execution and delivery of this Agreement is predicated upon an agreement for institution and prosecution of an action for divorce. Nothing contained in this Agreement shall prevent or preclude either of the parties hereto from commencing, instituting or prosecuting any action or actions for divorce, either absolute or otherwise, upon just, legal and proper grounds; nor to prevent either party from defending any such action which has been, mayor shall be instituted by the other party, nor from making any just or proper defense thereto. It is warranted, covenanted and represented by Husband and Wife, each to the other, that this Agreement is lawful and enforceable and this warranty, covenant and representation is made for the specific purpose of inducing Husband and Wife to execute the -3- o"""'~T""~,,,,,._,J''';'jf,,,"~<lfu!~=-__.='_<''''''' _N~~~"''''''~ 'l .~ " ~-~ ~~~...."- . ~l =~,,,,-><,"" ~ ~" --':'('M;6'1.'j,~ Agreement. Husband and Wife each knowingly and understandingly hereby waive any and all possible claims that this Agreement is, for any reason, illegal or for any reason whatsoever of public policy, unenforceable in whole or in part. Husband and Wife do each hereby warrant, covenant and agree that, in any event, he and she are and shall forever be estopped from asserting any illegality or unenforceability as to all or any part of this Agreement. 2.04. Representation by Independent Counsel. This Agreement is being prepared for Wife by Wayne F. Shade, Esquire. ARTICLE ill EQUITABLE DIVISION OF MARITAL PROPERTY 3.01 Equitable Division of Real property. Concurrently with execution of this Agreement, Husband will execute a Deed transferring the marital residence of the parties at 2284 pine Road, Newville, Cumberland County, Pennsylvania 17241, to Wife. 3.02 Equitable Division of Personal property. ~ (a) Prior to execution of this Agreement, Husband has removed from the marital dwelling all of his items of personal property, and Wife shall be considered to be in possession of all personal property which remains in the marital dwelling. The urniture, household goods and other similar untitled personal property have, accordingly, been divided to the mutual satisfaction of the parties hereto, and each of the parties retains absolute ownership of such items in his or her possession or control at the date of this Agreement. The property shall be -4- ,,~){i' J ""'"-. ~ .~ """'=(-";;'"" ~ "" I .......... ""~,,-, " ~ "l!!l,.'-' _,,",rl,",,~'_ ~"",",..~t)I""w;-,'W~~ci~i;:;"~' deemed to be in the possession or under the control of either party if, in the case of tangible personal property, the item is physically in the possession or control of the party at the time of the signing of this Agreement and, in the case of intangible personal property, if any physical or written evidence of ownership, such as passbook, checkbook, policy or certificate of insurance or other similar writing is in the possession or control of the party, unless provided otherwise in this Agreement; (b) Wife will transfer the Ford Tempo motor vehicle to Husband, with Husband to pay the expenses of title transfer. Wife will maintain ownership of the Chrysler van; (c) The parties will execute and deliver any documents necessary to formally release their rights in or claims to the employee benefits, including without limitation, employee pension, stock, profit sharing and savings plans, if any, of the other; and (d) Husband will execute and deliver any documents necessary to formally designate the children of the parties as beneficiaries of any life insurance proceeds which may mature prior to the date that the youngest surviving child of the parties obtains the age of eighteen years. ARTICLE IV DEBTS OF PARTIES 4.01 Loans. Responsibility for the outstanding loan obligations of the parties is assigned, as follows: -5- ,cej,o,,',",<,,",o;;;.;,tI_"""""""R-""'-k,'" -~ ~,~~~ ~~ ~ L - ~ "'-- ,- -"-"-"'"~ ~~ . -w.....~illi."~""~:i'~""""'" (al wife shall assume the outstanding balance of the first mortgage upon the marital residence at GMAC Mortgage Corporation and the home equity loan at Dauphin Deposit Bank and Trust co., N.A. i and (b) Husband shall assume the loan at Members 1st Federal Credit Union. 4.02 post-separation obligations. Each party represents to the other that, except as specifically set forth immediately above, there are no outstanding joint obligations of the parties and that since the separation neither party has contracted for any debts for which the other will be responsible. Each party indemnifies and holds harmless the other for all obligations separately incurred or assumed under this Article IV. ARTICLE V CHILDREN 5.01 Custody. The parties shall share legal custody of their minor children. Primary physical custody of said children is awarded to Wife subject to any rights of partial custody in Husband to which the parties may agree or as specified in any separate Order of Court. 5.02 Support. Child support will be resolved through the Domestic Relations section of the Court of Common Pleas of Cumberland County, Pennsylvania. 5.03 Health Insurance. Husband shall provide health insurance coverage for each of the children of the parties until they attain the age of eighteen years. Such insurance shall be -6- '''''';''}.'''''''l!il'''''''';''''4lI.,_"..j_'''._~",'''>lI-,,- . --~~~~~,-~"' "-. ,~"' I '. '""""""'"'u. 1. "'~ '"~~ ~ ,"" ~ .~--=~,_."~-. ~._~~~~j"'&W:&!lm,"\ at least equivalent to Blue Cross Plan 361 and Blue Shield Plan 865 including major medical with the minimum available deductible. In the event that the children of the parties should remain eligible for coverage through Husband's employment after attaining the age of eighteen years as college students or otherwise, Husband will continue to maintain the coverages as long as he is eligible to do so through his employment. 5.04 Uninsured Medical Expenses. The parties agree that they will be responsible for all reasonably necessary uninsured health care expenses including orthodontic expenses, incurred for the care of the children which are not covered by insurance in direct proportion to their relative net incomes for child support purposes, but before adjustment for child support payments. ARTICLE VI ALIMONY 6.01 Qualified Waiver. Alimony claims, if any, will be resolved outside the terms of this Agreement. In addition, any obligations assumed by the parties under this Agreement as to which benefits flow to the other spouse shall be payable as alimony for the purposes of enforcement and so as to constitute an exception to discharge in bankruptcy but will not be deductible by the payor or taxable to the payee for income tax purposes. -7- ~~fu.iM..\... t, ~_"~~~~ "".,"} ~". - _,~ ,..1. L - "'"- .,~..;. '''''"- ~ - 1- "r'\!M~,!'-,: ARTICLE VII COUNSEL FEES 7.01 Present Fees. In the event of amicable settlement of all marita'l issues and the entry of a Decree in Divorce pursuant to mutual consent within one hundred eighty (180) days from the date of this Agreement, each of the parties hereby assumes his and her own counsel fees up to and including the date of the Decree in Divorce. 7.02 Counsel Fees After Divorce. The parties agree with respect to counsel fees incurred after the divorce, as follows: (a) In the event that future legal proceedings of any nature may be necessary for the interpretation or enforcement of this Agreement or any valid modifications hereof, the prevailing party shall be entitled to reasonable counsel fees incurred. (b) Reasonable counsel fees hereunder shall be defined as reasonable hours expended at the then hourly rate of counsel for the prevailing party. (c) Such counsel fees shall extend to any independent proceedings necessary to collect counsel fees or to enforce any other judgment or decree in connection with this Agreement. (d) Such counsel fees shall be payable as alimony so as to constitute an exception to discharge in bankruptcy but shall not be deductible by the payor or taxable to the payee for income tax purposes. -8- ,",'''''''''- "'-"'"""-~~ '~- - -~ : ""--'-- .~ - .......""- " ,,,, Lllfti illl ~lt"'"""'-'''''~@i1,;;: ARTICLE VIII GENERAL PROVISIONS 8.01 Income Tax consequences. The parties have heretofore filed joint federal and state income tax returns. Both parties agree that in the event any deficiency in federal, state or local income tax is proposed, or any assessment of any such tax is made against either of them, each will indemnify and hold harmless the other from and against any loss or liability for any such tax deficiency or assessment and any interest, penalty and expense incurred in connection therewith. Such tax, interest, penalty or expense shall be paid solely and entirely by the individual who is finally determined to be responsible for the deficiency or assessment. Except as otherwise set forth herein, any income tax incidents of any kind imposed by virtue of any transfers of assets or other payments required under this Agreement will be the responsibility of the transferee. 8.02 General Release of All Claims. Each party hereto releases the other from all claims, liabilities, debts, obligations, actions and causes of action of every kind that have been incurred relating to or arising from tne marriage between the parties. However, neither party is relieved or discharged from any obligation under this Agreement or any other instrument or document executed pursuant to this Agreement. 8.03 Subsequent Divorce. Nothing herein contained will be deemed to prevent either of the parties from maintaining a suit for absolute divorce against the other in any jurisdiction based -9- ~,.~="""~""""",,,d_""'<i:j~-"'='.' ~i(" ~ 'ilia'-=' ,~."~ .....~~ ".- ~ -........... - ror..r '-," W~I~11';.i; . . upon any past or future conduct of the other, nor to bar the other from defending any such suit. In the event any such action is instituted or concluded, the parties will be bound by all of the terms of this Agreement. 8.04 Waiver of Estate Claim. Except as otherwise herein provided, in the event of the death of either party hereto, each party hereby waives, releases and relinquishes any and all rights that he or she may have or may hereafter acquire as the other parties' spouse under the present or future laws of any jurisdiction, as follows: (a) to elect to take against the will or codicils of the other party now or hereafter enforced; (b) to share in the other parties' estate in cases of intestacy; and (c) to act as executor or administrator of the other parties' estate. 8.05 No Debts and Indemnification. Each party represents and warrants to the other that he or she will not incur any debt, obligation or other liability, other than those already described in this Agreement, on which the party is or may be liable. Each party covenants and agrees that if any claim, action or proceeding is hereafter initiated seeking to hold the other party liable for any other debt, obligation, liability, act or omission of such party or for any obligation assumed by a party hereunder, the party liable will, at his or her sole expense, defend the other against any claim or demand, whether or not well-founded, -10- _",",",1....",,,, '~'O"~'''''"''~ ~~" ~.~ Ti ,-, - , -<~ -~~'-" ==-~~ -'-".....~1~~:...'~ L-"'~1ir~:r'Hi-'""~"" ",;ft"'_~1_ and that he or she will indemnify and hold harmless the other party in respect to all damages resulting therefrom. The obligation created hereunder will be payable as alimony so as to constitute an exception to discharge in bankruptcy. 8.06 Full Disclosure. Each party asserts that he or she has made a full and complete disclosure of all of the real and personal property of whatsoever nature and wheresoever located belonging in anyway to each of them, of all sources and amounts of income received or receivable by each party, and of every other fact relating in anyway to the subject matter of this Agreement. These disclosures are part of the considerations made by each party for entering into this Agreement. 8.07 Right to Live separately and Free from Interference. Each party will live separately and apart from the other at any place or places that he or she may select. Neither party will "molest, harass, annoy, injure, threaten or interfere with the other party in any manner whatsoever. Each party may carryon and engage in any employment, profession, business or other activity as he or she may deem advisable for his or her sole use and benefit. Neither party will interfere with the use, ownership, enjoyment or disposition of any property now owned or hereafter acquired by the other. 8.08 Agreement Voluntary and Clearly Understood. Each " party to this Agreement acknowledges and declares that he or she, respectively: -11- ~~b'.lI:lI. ~.. - .~ """~< ~~, -~~ ~ , ~-> I'" ~ ~";._~ ~,"Wi.H,_,,--;''''''''~- (a) Is 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 after receiving the advice of independent counselor, having had the opportunity to do so, having decided not to do so; (c) Has given careful and mature thought to the making of this Agreement; (d) Has carefully read each provision of this Agreement; and (e) Fully and completely understands each provision of this Agreement, both as to the subject matter and legal effect. 8.09 Compliance. The parties will execute and deliver any documents necessary to formally conclude any of their obligations under the terms of this Agreement to ~ach other. 8.10 Default. If either party . . fails in the due performance 1 of any of his or her material obligat~ons hereunder, the party ! not in default will have the right to~act against the other, at his or her election, to sue for damages for breach hereof, or to rescind this Agreement or seek such other legal remedies as may be available to either party. Nothing herein shall be construed to restrict or impair either party in the exercise of this election. 8.11 Amendment or Modification. This Agreement may be amended or modified only by a written instrument signed by both parties. -12- ~,.-~ >-, 'M d. ~. .' ~"-'" I ".-~ ...."""""- .~ ~'~WHi!__'"- ~~~M~Wi:\g~; 8.12 Successors and Assigns. In the event of the death of either party prior to the issuance of a Decree in Divorce, this Agreement shall survive the deathi and all property, whether jointly or separately owned, shall be divided under the terms of this Agreement between the estate of the decedent and the surviving spouse as ,though the Decree had issued prior to the death. Except as otherwise expressly provided herein, this Agreement will be binding on and inure to the benefit of the respective legatees, devisees, heirs, executors, administrators, assigns and successors in interest of the parties. 8.13 Law Governing Agreement. This Agreement will be governed by and will be construed in accordance with the laws of the Commonwealth of Pennsylvania in effect at the date of execution hereof. 8.14 Reconciliation. In the event of reconciliation, attempted reconciliation or other coh~bitation of the parties , hereto after the date of this Agreement, this Agreement shall remain in full force and effect in the absence of a written Agreement signed by both parties hereto expressly setting forth that this Agreement has been revoked or modified. IN WITNESS WHEREOF, the parties hereto have hereunto set their hands and seals, intending to be legally bound hereby, the day and year first above written. Signed, Sealed and Delivered A)n the Presence of: paw ~?!/~ ~~ t2JJdriL- ~t/~ ~es v. Darden (SEAL) ~(f/.~~) Pamela S. Darden (SEAL) -13- - ";'_.~" "-ill~ L. ~ M"m..."..~.. " ~,-~ - ~..'~ .~~ ..... ~ -"- ~" ~ ~'d~lii -''''~.E'.I",,~-'''.iW.i COMMONWEALTH OF PENNSYLVANIA 55:, COUNTY OF CUMBERLAND / N_" On this, the ~ day of b 11 04'""'- lJ-RA , 1997, before me, the undersigned officer, personally appeared JAMES V. DARDEN, known to me (or satisfactorily proven) to be the person whose name is subscribed to the foregoing Agreement and acknowledged that he executed the same for the purposes therein contained. IN WITNESS WHEREOF, I hereunto set my hand and official seal. 'rvu~1U.l-L Q/j6~ Nota . Notarial Seai Michele A, Goiden, Notary Public Middlesex Twp.. Cumberland County My Commission Expires July 2, 2001 Member Penn-;vlvanii1 Association of Notaries COMMONWEALTH OF PENNSYLVANIA SS: COUNTY OF CUMBERLAND On this, the Ljcf1-, day of ~0... , 1997, before me, the undersigned officer, personally appeared PAMELA S. DARDEN, known to me (or satisfactorily proven) to be the person whose name is subscribed to the foregoing Agreement and acknowledged that she executed the same for the purposes therein contained. IN WITNESS WHEREOF, I hereunto set my hand and official seal. "'V1~cJuA () ./jD({l..L-'-~ Notary Public Notarial Seal Michele A. Golden; Notary Public Middiesex Twp" Cumberland Cpunty My Commission Expires July 2, 2001 Memn", Pennsvlvanla Association of Nola1les -14- _iiiffi~mllllik4J~~l"~';')'W'~!'_':!"1"ii;~~~:f,'%-W';;dt;*~"i"j":';l~, o.,'~ ;,""",'t', -'" L "~",,~"':.' d,,^,- ""_-Y;;''1-&t+'lfA~W~~niu:t_'IiiJEj,:W .'i'1!R"ii;'H<~5'Jlt>~!il'it!i;fM_IfM>1' ro ~mm;':MIll!l~j ~___4,^ ~-tfl "-'='. . t ;~J_li:-t~"_,,, ,',~. __~_~~_~r,~_"=,,,=<=_'.?"M_,.,,,,,'_,,_,,"__.'"7.<,_,,,<,,_~~='"_ "-~_""'. ",'0' ,"',~", .'_,_ ''<~'" '.'< _,~.." . ~ _, ~~ .~ - '..~~.~ ~~ ~,-- ~. -, . "<- . - _L - -~ - ~, ""'''';;''':~,.' "i1J:l!bHWoJi.>!>M''lF_' James V. Darden, Plaintiff v. : IN THE COURT OOF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 01-2762 CIVIL TERM : CIVIL ACTION : IN DIVORCE Pamela S. Darden, 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. Ground for divorce: irretrievable breakdown under 93301 (d) of the Divorce Code. 2. Date and manner of service of the complaint: Acceptance of Service on July 20, 2001. 3. Date of execution of the Affidavit required by 93301 (d) of the Divorce Code: May 4, 2001 a. Date of filing and service of the Plaintiff's Affidavit upon the Respondent: May 7,2001 4. Related claims pending: None. 5. Date and manner of service of the Notice of Intention to file the Praecipe to Transmit the Record, a copy of which is attached: May 24, 2001, regular mail Robert J. Iderig, Esqui Attorney or Plaintiff .IiIiM"~<'~"'''''4i11;gjrj:-J:t,~fll";mg~''!fflI#,*.!-l\~if.%~t:!t':,&"",q;r''sis:+,dw,:....H''iii.~~- ~ if -_-.::,R;",1J.~ J!IJ,_""",_~",~.,_~,~~ "_,,=J',,,''l'',~'-T _.,'" " ,,~ ,'''-'''<".',,'' e", . __ ,~_ '. """" "~ . ,,,'~-- , ~, 'dun;' J1tMfH(:~jli'l_'it~-.-- ~~'"'-~ ~ "'-- '.; _t. -' .." CO ~ ~- ,,-, I I I I I I ,,,