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HomeMy WebLinkAbout01-05216ELIZABETH S. HARDING, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA v. CIVIL ACTION -LAW 2001-Sa/y CIVIL TERM WARREN C. HARDING, Defendant IN DIVORCE NOVICE 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 in divorce or annulment maybe 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 marriage counseling. A list of marriage counselors is available in the Office of the Prothonotary, Cumberland County Courthouse, Carlisle, Pennsylvania 17013. IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVYSION 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, Pennsylvania 17013 717-249-3166 1-500-990-9108 AMERICANS WITH DISABILITIES ACT OF 1990 The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilifies Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the court, please contact our office. All arrangements must be made at least 72 hours prior to any hearing or business before the court. You must attend the scheduled conference or hearing. ELIZABETH S. HARDING, Plaintiff v. WARREN C. HARDING, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION -LAW 2001-SaiG CIVIL TERM IN DIVORCE COMPLAINT IN DIVORCE PURSUANT TO SECTION 3301fc1 OF THE DIVORCE CODE NOW comes the plaintiff, Elizabeth S. Harding, by her attorney, Mark D. Schwartz, Esquire, and files this complaint in divorce against the defendant, Warren C. Harding, representing as follows: 1. The plaintiff is Elizabeth S. Hazding, an adult individual residing at 1613 McCormick Drive, Mechanicsburg, Cumberland County, Pennsylvania 17055-5952. 2. The defendant is Warren C. Hazding, an adult individual residing at 1613 McCormick Drive, Mechanicsburg, Cumberland County, Pennsylvania 17055-5952. 3. The plaintiff has been a resident of the Commonwealth of Pennsylvania at least six months prior to the filing of this action in divorce. 4. The plaintiff and the defendant were manied on November 29, 1986 in Carlisle, Pennsylvania. _ _ __._ _ 5. There have been no prior actions of divorce or for annulment between the parties. 6. There were two children born to this marriage, namely Stephen Elisha Harding, born March 22, 1993, age 8 years, and Nathan Boone Hazding, bom May 20, 2000, age 1 year. 7. Pursuant to the Divorce Code, Section 3301(c), the plaintiff avers as the grounds upon which this action is based that the marriage between the parties is irretrievably broken. 8. The plaintiff avers that she has been advised of the availability of counseling and that said party has the right to request that the court require the parties to participate in counseling. WHEREFORE, the plaintiff demands judgment dissolving the marriage between the two parties. Respectfully submitted, H2 ch31Hi~T & HUGHES ay: \JJ\\ /~ Mark D. Schwartz, Esquire, Attorney for Plaintiff; Elizabeth S. Harding West Pomfret Professional Building 60 West Pomfret Street Carlisle, Pennsylvania 17013-3222 (717)249-2353 Supreme Court LD. No. 70216 Date: August ~, 2001 VERIFICATION The foregoing Complaint in Divorce is based upon information which has been gathered by my counsel and me in the preparation of this action. I have read the statements made in this Complaint and they are true and correct to the best of my knowledge, information and belief. I understand that false statements herein made are subject to the penalties of 18 Pa. C.S.A. Section 4904, relating to unsworn falsification to authorities. ~J~'1 `~ tf Qnol.vv~~ ELIZABETH S. HARD G Date: August I ~~ , 2001 ~ _~ ~ 4~ 0 d "' 'd ~ ' ~_~ ~.! - ~._ ~ _ ,. ELIZABETH S. HARDING, : IN THE COURT OF COMMON PLEAS OF PLAINTIFF, :CUMBERLAND COUNTY, PENNSYLVANIA V. WARREN C. HARDING, DEFENDANT. CIVIL ACTION - 2001-5216 CIVIL TERM IN DIVORCE AND CUSTODY ORDER OF COURT AND NOW, this ~ day of ~ t , 200, upon consideration of the attached Stipulation and Agreement, the terms and conditions contained in the attached Stipulation and Agreement are hereby made an Order of Court. By the Court: A ~v A ~5 1 b~ ~~ -~ ° U: ~,,l~~~n~ ~sr,{r~~f~ ., ° . ~ , ~~ ' '"r~ i t; ~~ ~~ ~ is ~ ~~~~ . ~i i 1.(I ~i . ELIZABETH S. HARDING, : IN THE COURT OF COMMON PLEAS OF PLAINTIFF, :CUMBERLAND COUNTY, PENNSYLVANIA ~'• : CIVII. ACTION - 2001-5216 WARREN C. HARDING, :CIVIL TERM DEFENDANT. : IN DIVORCE AND CUSTODY AGREEMENT AND STIPULATION THIS STIPULATION AND AGREEMENT entered into this ~" day of t~ 2002--, by and between Elizabeth S. Harding, (hereinafter referred to as "Mother") and Warren C. Harding, (hereinafter referred to as "Father"). WHEREAS, Father and Mother are the natural parents of Stephen Elisha Harding, born 3-22-93, and Nathan Boone Harding, born 5-20-2000; and WHEREAS, Father and Mother desire to enter into a comprehensive Custody Stipulation and Agreement setting forth the physical and legal custody arrangements for their minor children, to be in effect hereafter and until altered by subsequent order of court; and WHEREAS, Father and Mother desire to confirm their agreement relative to custody of their minor children and execute a Stipulation and Agreement to affect the same. NOW, THEREFORE, in consideration of the mutual covenants, promises and agreements as hereinafter set forth and intending to be legally bound, the parties hereto agree as follows: The Father and Mother shall share legal custody of their two children, Stephen Elisha Harding, and Nathan Boone Harding. 2. Mother shall have primary physical custody of the two minor children. 3. Father shall have periods of partial physical custody of the minor children at times and places as agreed upon between the parties. 4. The parties will keep each other advised immediately relative to any emergencies concerning the minor children and shall, further, take any necessary steps the ensure that the health and wellbeing of the children is protected. 5. The parties agree that there shall be reasonable telephone contact with the children during periods when the children are not in the custody of that party. 6. Neither party shall do anything that may estrange the children from the other party, or injure the opinion of the children as to the other patty, or may hamper the free and natural development of the children's love and affection for the other party. 7. Each party shall be entitled to complete and full information from any doctor, dentist, teacher or other similar authority and have copies of any reports given to them as a parent. Such documents include, but aze not limited to, medical reports, academic and school report cards, and birth certificates. 8. Any permanent modification or waiver of the provisions of this Agreement must be in writing and shall be affective only if made in writing and executed with the formality as this Stipulation and Agreement. 9. The parties acknowledge that entering into this Stipulation and Agreement, there has been no fraud, concealment, overreaching, coercion, or other unfair dealing on the part of either party. 10. The parties acknowledge that they have read and understood the provisions of this Stipulation and Agreement. Each party acknowledges that the Stipulation and Agreement is fair and equitable and that it is not the result of duress or undue influence. IN WITNESS WHEREOF, the parties hereto intending to be legally bound by the terms hereof, set forth their lands and seals the day and year first above written. WITNESS: -._~. L' , WARREN STATE OF PENNSYLVANIA COUNTY OF CUMBERLAND __ // . On this, theo~~~day of QQGY~ , 2oo3 before me this undersigned officer, personally appeared ELIZABETH~NG, Irnown to me (or satisfactorily proven) to be the person whose name is subscribed to the within instrument, and acknowledged that she executed same for the purposes therein contained. IN WITNESS WHEREOF, Ihere/unto stet my rte, of e2~ ~/ Notavial Seal Public Martha L. Noel, Notary Carlisle Boro, Cumberland County My Commiss,on Expires Sept. 18, 2003 Member, Pennsylvania Association of Notaries STATE OF PENNSYLVANIA COUNTY OF CUMBERLAND On this, the r3 day of /Je ~- , 2002, before me the undersigned officer, personally appeared WARREN C. HARDING. known to me (or satisfactorily proven) to be the person whose name is subscribed to the within instrument, and acknowledged that he executed same for the purposes therein contained. IN WITNESS WHEREOF, I hereunto6`1Is//et~my~hand and office seal. ''U/u NDTRRIRI REAL Wl66lAM ~, ~RO~I~fr$TElN, Nctery Public ~E# ~I-n3b9~ ~„ DUmbedand Co. May ~9fflfilflal9fl iftl Maroh 22, 2004 ~ C.'° f_J ~ ~- + G % - r~" ~'^ ...', 2T L;1 `:7 mr,, h~ ~_~ z- ~ --_ :, ~_ fy'•, i ^~ Gj ~ _, l~ .C ~~~~ ELIZABETH S. HARDING, : IN TIIE COURT OF COMMON PLEAS OF PLAINTIFF, :CUMBERLAND COUNTY, PENNSYLVANIA V. : CIVII~ ACTION - 2001-5216 WARREN C. HARDING, : CIVII. TERM DEFENDANT. : IN DIVORCE AND CUSTODY PLAINTIFF'S AFFIDAVIT OF CONSENT 1. A complaint in divorce under Section 3301(c) of the Divorce Code was filed on September 4, 2001. 2. The marriage of plaintiff and defendant is irretrievably broken and ninety days have elapsed from the date of the filing of the complaint. 3. I consent to the entry of a fmal decree in divorce. 4. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if I do not claim them before a divorce is granted. I verify that the statements made in this affidavit are true and correct. I understand that false statements herein made are subject to the penalties of 18 Pa. C. S. Section 4904 relating to unsworn falsification to authorities. Date: ~a-0$-03 S .F'in,fA~ ~ "`~ »~ ~ _ ELI ETH S. HARDING Plaintiff 6~ O ~' OrJ '1'1 - ~Ri r~ ,iQ ~~~, - "`~ a: c ~ C ~~ ~ ~, '~ t~ ELIZABETH S. HARDING, PLAINTIFF, V. WARREN C. HARDING, DEFENDANT. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - 2001-5216 CIVIL TERM IN DIVORCE AND CUSTODY WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER SECTION 3301(cl OF THE DIVORCE CODE i. I consent to the entry of a fmal 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 made are subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. Date: 1 a - Of5 - 03 (~ ~ `~'a}~ ELIZ TH S. HARDIN Plaintiff C'3 0 <? "- a - w `!3 _ _ = C C _*' ~ `~ 7 - - _ ,~ in ~' ~ ' _ - 6V Q ~ ~ ~._ i_ =i p-l v) ~ i~ ~~ ~ ~ ` ..~ 1~ ~f ~)~ ~ ELIZABETH S. HARDIHG Plaintiff vs Case No. 2001-5216 CIVIL TERM WARREN C. HARDING Defendan Statement of Intention to Proceed To the Cotut: THE PLAINT71r11 intends to proc with t above captioned matter. Print Name MAR('.DS A _ M~BNIf'HT, rrI Sign ivame Date: _OCTOBER 23. 2006 Attorney for ELr .ARF.Tn S_ xeunr>Jr_ vi ~;,,*~ff Explanatory Comment The Supreme Court of Pennsylvania has promulgated new Rute of Civil Procedure 230.2 governing the termination of inactive cases and amended Rule of Judicial Administration 1901. Two aspects of the recommendation merit comment. ' I. Rule ojcivi[ Procedure New Rule of Civil Procedure 230.2 has been promulgated to govern the termination of inactive cases within the scope of the Pennsylvania Rules of Civil Procedure. The termination of these cases for inactivity was previously governed by Rule of Judicial Adminisnation 1901 and local rules promulgated pursuant to it. New Rule 230.2 is tailored to the needs of civil actions. I[ provides a complete procedure and a uniform statewide practice, preempting local rules. This rule was promulgated in response to [he decision of the Supreme Court in Shop v. Eagle, 551 Pa. 360,710 A.2d 1104 (1498} in which the court held that "prejudice to the defendant as a result of delay in prosecution is required before a case may be dismissed pursuant to local rules implementing Rule of Judicial Administration 1901." Rule of Judicial Administration 1901(b) has been amended [o accommodate the new rule of civil procedure. The general policy of the prompt disposition of matters set forth in subdivision (a) of that mle continues to be applicable. It inactive Cases - The purpose of Rule 230.2 is to eliminate inactive cases from the judicial system. The process is initiated by the court. After giving notice of intent to temtinate an action for inactivity, the course of the procedure is with [he parties. If the parties do not wish to pursue the case, they will take no action and "the Prothonotary shall enter an order as of course teritvnating,thernatter wi±h pr jud.ce for failure.to prosecute." 'f a party wishis !o puisue~the-mattet, he cr she will file a notice of intention to proceed and the action shall continue. a. Where the action has been terminated If the action is terminated when a party believes that it should not have been terminated, that party may proceed under Ru1e230(d) for relief from the order of termination. An example of such an occurrence might be the temunation of a viable action when the aggrieved party did not receive the notice of intent to terminate and thus did not timely file the notice of intention to proceed. The thning of the filing of the petition to reinstate the action is important. If the petition is filed within thirty days of the entry of the order of termination on the docket, subdivision (d)(2) provides that the court must grant the petition and reinstate the action. If the petition is filed later than the thirty-day period, subdivision (d)(3) requires that the plaintiff must make a show in to the court that the petition was promptly filed and that there is a reasonable explanation or legitimate excuse both for the failure to file the notice of intention to proceed prior to the entry of the order of termination on the docket and for rite failure to file the petition within [he thirty-day period under subdivision (d)(2). B. Where the action has not been terminated An action which has not been temtinated but which continues upon the filing of a notice of intention to proceed may have been the subject of inordinate delay. In such an instance, the aggrieved party may pursue the remedy of a common law non pros which exits independently of temunation under Rule 230.2, e.. rn v~ 4-~ {';" a -~ 7 ~ ',. ~3 ~ ~ ~ ~ J~ d' .::; w ~ ~ `~~ ~. ~^~ ~~ ~~ L~ ~,y~, ELIZABETH S. HARDING, : IN THE COURT OF COMMON PLEAS Plaintiff :CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 2001 - 5216 WARREN C.. HARDING, :CIVIL ACTION -LAW Defendant : IN DIVORCE AFFIDAVIT OF CONSENT 1. A complaint in divorce under section 3301(c) of the Divorce Code was filed on August 27, 2001. 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety days have elapsed from the date of the filing and service of the Complaint. 3. I consent to the entry of a fmal decree of divorce after service of notice of intention to request entry of the decree. I verify that the statements made in this affidavit are tme and correct. I also understand that false statements herein are made subject to the penalties of 18 Pa.C.S. 4904, relating to unswom falsification to authorities. Date: ~ i~ , ~ ~ ~ ~~""SNw W/1 `~/ v' I QI J Elizabet t~'. Harding, Plaintiff WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER &3301(c] AND &3301(dj OFTHE-DIVORCE CODE 1. I consent to entry of a fmal 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 witil a divorce decree is entered by the Court and that a copy of the decree will be sent to me immediately aRer 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: ~~ ' ~ I Ip Elizabe ... Harding, Plaintiff c~ ~ o ~: Zit ~:''~~ ~' ~ ,.~ ~ .~ '' W -zjO -? a'. - e r7 i , .. _y E= ,..- y-~ '' ~Eit- _ i ~h fJi ELIZABETH S. HARDING, : IN THE COURT OF COMMON PLEAS Plaintiff :CUMBERLAND COUNTY, PENNSYLVANIA V. WARREN C. HARDING, Defendant N0.2001 - 5216 CIVIL ACTION -LAW IN DIVORCE AFFIDAVIT OF CONSENT 1. A complaint in divorce under section 3301(c) of the Divorce Code was filed on August 27, 2001. 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety days have elapsed from the date of the filing and service of the Complaint. the decree. I consent to the entry of a fmal decree of divorce after service of notice of intention to request entry of I verify that the statements made in this affidavit aze true and correct. I also understand that false statements herein are made subject to the penalties of 18 Pa.C.S. 4904, relating to unsworn falsi ation to authorities. ~ i . ~~~~ Date: ~~ . 3d ~ C ~~ t.~----^ C~ Warren C. Harding Defendant WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER §3301(cl AND §3301(dI OF THE DIVORCE CODE 1. I consent to entry of a fmal 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. 1 verify that the statements made in this affidavit aze tme and correct. I understand that alse statements herein are made subject to the penalties of 18 Pa.C.S. §4904 relating to unswom falsificatiAn authorities. Date; L ®` ~~ ( C ~ a en C. Harding C5 "`'~ c~ c~ 'rt - t cs ~ ~~.~' ~ ~~ _- - u ?= l., ~ v ~ _ ~ f' ~,_ 1 Ul ~ -~ $LIZABETH S. HARDING, : IN THE COURT OF COMMON PLEAS Plaintiff :CUMBERLAND COUNTY, PENNSYLVANIA V. ~ : N0.2001 - 5216 WARREN C. HARDING, :CIVIL ACTION -LAW Defendant : IN DIVORCE ~ w THIS AGREEMENT, made this day of ° , 2006, by and between, ELIZABETH S. HARDING, of Mechanicsburg, Pennsylvania, hereinafter referred to as "WIFE", and WARREN C. HARDING, of Wellsville, Pennsylvania, hereinafter referred to as "HUSBAND". WITNESSETH: WHEREAS, Husband and Wife were lawfully married on November 29, 1986, in Carlisle, Pennsylvania, and; WHEREAS, there were two children born of this marriage; WHEREAS, differences, disputes, and difficulties have arisen between the parties and it is the intention of Husband and Wife to-live separate and apart for the rest of their natural lives, and the parties desire to settle their respective fmancial property rights and obligations as between each other, including the settling of all matters between them relating to ownership and equitable distribution of real and personal property; the settling of all matters between them relating to the past, present, and future support, alimony, and/or maintenance of Husband or Wife; and in general, the settling of any and all possible claims by one against the other or against their respective estates; NOW THEREFORE, Wife and Husband, each intending to be legally bound, hereby covenant and agree as follows: 1. FULL DISCLOSURE OF ASSETS. Each party warrants that he or she has made a full and fair disclosure of income, assets, and their valuation prior to the execution of this Agreement as well as any other fact relating in any way to the subject matter of this agreement. These disclosures are part of the consideration made by each party for entering into this agreement. 2. ADVICE OF COUNSEL. The Husband has employed and had the benefit or counsel of Jane Adams, as his attorney. The Wife is PRO SF.. Each party has cazefully and completely read this agreement and has been advised and is completely aware not only of its contents but of its legal effect. Wife has been advised of her right to counsel, voluntarily elected to forego representation, and understands that Jane Adams, Esquire is only representing Husband. 3. SEPARATION. The parties intend to maintain sepazate and permanent domiciles and to live apart from each other. It is the intention and purpose of this agreement to set forth their respective rights and duties while they continue to live apart from each other. Neither party shall harass, annoy, injure, threaten, or interfere with the other party in any manner whatsoever. Each party may carry on and engage in any employment, profession, business or other activity as he or she may deem advisable. Neither party shall interfere with the uses, ownership, enjoyment, or disposition of any property now owned and not specified herein or property hereafter acquired by the other. 4. SUBSEQUENT DYVORCE. The parties hereby acknowledge that Wife has filed a Complaint in Divorce in Cumberland County, Pennsylvania, claiming that the marriage is irretrievably broken under the no-fault mutual consent provision of Section 3301(c) of the Pennsylvania Divorce Code. Husband hereby expresses his agreement that the marriage is irretrievably broken and expresses his intent to execute any and all affidavits or other documents necessary for the parties to obtain an absolute divorce pursuant to Section 3301(c) of the Divorce Code. The parties hereby waive all rights to request Court Ordered counseling under the Divorce Code. The provisions of this Agreement relating to equitable distribution of property of the parties are acroepted by each party as a final settlement for all purposes whatsoever, as contemplated by the Pennsylvania Divorce Code. Should a decree, judgment, or order of sepazation or divorce be obtained by either of the parties in this or any other state, country or jurisdiction, each of the parties hereby consents and agrees that this Agreement and all of its covenants shall not be affected in any way by any such separation or divorce; and that nothing in any such decree, judgment, order, or further modification or revision thereof shall alter, amend, or vary any term of this Agreement, whether or not either or both of the parties shall remarry. It is specifically agreed that a copy of this Agreement or the substance of the provisions thereof, maybe incorporated by reference into any divorce, judgment, or decree. ~ This incorporation shall not be regazded as a merger, it being the specific intent of the parties to permit this Agreement to survive any judgment and to be forever binding and conclusive upon the parties. 5. DATE OF EXECUTION. The "date of execution" or "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. All provisions of this agreement shall be effectuated by the parties within thirty (30) days of the execution date of this agreement unless otherwise specified within this agreement. 6. MUTUAL RELEASE OF ALL CLAIMS. Other than as provided in this agreement, eacli,party may dispose his or her uroperty in any way and each party hereby waives and relinquishes any and all rights he or she may now have or hereafter acquire under the present or future laws of any jurisdiction to share in the property or the estate of the other as a result of the mazital relationship, including without limitation, statutory allowance, widow's allowance, right of intestacy, right to take against the will of the other, and right to act as administrator or executor in the other's estate. Each will at the request of the other, execute, acknowledge, and deliver any and all instruments which maybe necessary or advisable to carry into effect this mutual waiver and relinquishment of all such interest, rights, and claims. 7. WARRANTY OF DEBTS AND FUTURE OBLIGATIONS. Each party warrants that they have not contracted any debt or liability for the other or which the estate of the other party may be•responsible or liable, and except only for the rights arising out of this agreement, neither party will hereafter incur any liability whatsoever for which the other party or the estate of the other party, will be liable. Each party agrees to indemnify or hold harmless from the other and against all future obligations of every kind incurred by them, including those for necessities. 8. OUTSTANDING JOINT DEBTS. The parties agree that Husband shall take all steps necessary to remove his name from the phone bill associated with the marital home. (a) Wife agrees that the following debts are her own personal responsibility and therefore agrees to completely and finally pay on the following debts and obligations. None. (b) Husband agrees that the following debts are his own personal responsibility and therefore agrees to completely and finally pay on the following debts and obligations. None. 9. EQUITABLE DIVISION OF MARITAL PROPERTY. The parties have attempted to distribute their marital property in a manner which conforms to the criteria set forth in 23 Pa.C.S.A. s3501 et. seq. and taking into account the following considerations: the length of the marriage, the age, health, station, amount, and sources of income, vocational skills, employability, estate, liabilities, and needs of each of the parties, the contribution of each party to the education, training, or increased earning power of the other party; the opportunity for each party for future acquisitions of capital assets and income; the sources of income of both parties, including but not limited to medical, retirement, insurance or other benefits; the contribution or dissipation of each party in the acquisition, pr°servation, depreciation, or appreciation of the marital property, including the contribution of each spouse as a homemaker; the value of the property set apart to each party; the standard of living the parties established during the marriage; and the economic circumstances'of each party at the time the division of property is to become effective. _. The division of existing mazital property is not intended by the parties to constitute in any way a sale or.exchange of assets, and the division i:; being effected without the introduction of outside funds or other property not constituting marital property. The division of property under this Agreement shall be in full satisfaction of all the marital rights of the parties. As such, the parties acknowledge that Husband or Wife's obligation to make the payments defined in this agreement shall not be subject to termination, discharge, or discontinuance in bankruptcy or for any other reason or by any Court or tribunal. Should Husband or Wife pursue and action in bankruptcy and be successful in extinguishing his obligation to pay any debts for which he has assumed sole obligation as set forth herein, he or she shall immediately be obligated to pay alimony to the other party in an amount equal to the monthly obligation on such debts that he or she otherwise had assumed and for which he had taken sole obligation and responsibility, plus an additional fifteen percent (15%) in consideration of the tax consequences associated with receipt of alimony. At the time of the implementation of this alimony award, which may be made through the appropriate Domestic Relations of support office with the Court of Common Pleas of appropriate jurisdiction as Husband or Wife may select, such party shall then be responsible for any such debts extinguished through the other patty's bankruptcy as described herein. 10. OTHER PERSONAL PROPERTY. Husband and Wife do hereby acknowledge that they have previously divided all their tangible personal property. Except as may otherwise be provided in this Agreement, Wife agrees that all of the property of Husband or in his possession shall be the sole and separate properly of Husband; and Husband agrees that all of the property of Wife or. in her possession shall be the sole and separate property of Wife. The parties do hereby specifically waive, release, renounce, and forever abandon whatever claim, if any, he or she may have with respect to the above items which shall become the sole and separate property of the other. 11. MOTOR VEHICLES. With respect to the motor vehicles, owned by one or both of the parties, they agree as follows: (a) The 2001 Honda Civic shall be and remain the sole and exclusive property of Wife. (b) The remaining vehicles shall be and remain the sole and exclusive property of Husband. The titles or a Power of Attorney to transfer the vehicle to the said motor vehicles shall be executed by the parties, if appropriate for effecting transfer as herein provided, within thirty days of the execution date of this Agreement, and said executed titles shall be delivered to the proper parities on the distribution date. Each party agrees to be solely responsible for the amounts presently due and owing against his or her respective automobiles. 12. MARITAL HOME. HUSBAND and WIFE hold title as Tenants by the Entireties to the premises identified as 1613 McCormick Drive, Mechanicsburg, Pennsylvania. The parties agree as follows with respect to the marital residence: (a) Within thirty (30) days of this agreement, Husband shall pay off all amounts due and owing on the marital home and shall execute a Deed in favor of Wife, conveying all right, title and interest in the marital residence to Wife. (b) As of the date of sepazation, and without regard to when bills for such items are incurred, received or due, WIFE shall be solely responsible for all past, present, and future costs,or liabilities associated with or attributable to maintaining the mazital residence (except as provided herein), including but not limited to, all real estate taxes, water and sewer rents, gas, electric, and telephone service, homeowner's insurance, and gardening expenses and repairs, and WIFE shall keep HUSBAND and his successors, assigns, heirs, executors, and administrators indemnified and held harmless from any liability, cost or expense, including attorney's fees, which are incurred in connection with such maintenance, costs, and expense. (c) Wife shall be responsible for any fees associated with transferring or filing the Deed to the mazital home. 13. MUTUAL WAIVER OF EMPLOYMENT BL,NEFITS. The parties agree to waive any and all rights they have in and to each other`s employment benefits, including but not limited to, both parties pensions and retirement plans and Incentive Savings Plans. The parties agree never tb assume any claim to such benefits of the other at any time in the future. 14. ALIMONY, ALIMONY PENDENTE LITE, LEGAL FEES and SUPPORT. Other than as provided in this agreement, each party hereby waives any right to spousal support, alimony, or alimony pendente lite, and each party agrees to be responsible for his or her own legal fees and expenses. The parties herein acknowledge that by this Agreement, they have respectively secured and maintained a substantial and adequate fund with which to provide for themselves sufficient financial resources to provide for their comfort, maintenance, and support in the station of life to which they are accustomed. All alimony to be paid under this agreement shall terminate upon the recipient's remarriage or cohabitation with a person of the opposite sex. As of October 20, 2006, Wife waives and hereby releases and gives up any rights she may have against Husband for alimony, spousal support, alimony pendente lite, or legal fees and costs. As of October 20, 2006, it shall be the sole responsibility of each of the respective parties to sustain themselves without seeking any support from the other party. Regarding child support, Husband shall pay for the children's unreimbursed medical expenses, including braces, in accordance with the current support order and as prescribed by the current support guidelines. 15. INCOME TAX RETURNS. Husband and wife represent to each other that to the best of their knowledge all federal, state, and local taxes required to paid with during the marriage and during the periods covered by such tax returns have been paid. Husband and Wife further represent that there ar8 no tax deficiencies proposed or assessed against Husband and/or Wife for such periods, and neither Husband nor Wife executed any waiver of the Statute of limitations on the assessment or collection of any tax for such periods. If any deficiency in federal, state; or local income taxes is proposed, or any assessment of any such tax is made against the other party by reason of his or her having joined in the filing of joint federal, state or local income tax returns, Husband and Wife shall indemnify quid hold harmless the other against and from any. and all tax, interest, penalty, or expense relating from any such tax deficiency, including reasonable counsel and accounting fees, and such tax, interest, and penalties or expenses shall be paid solely and entirely by the responsible party as determined to be attributable to that party on account of misrepresentation or failure to disclose relevant information of income on the aforesaid joint returns. 16. WAIVER OR MODIFICATION TO BE IN WRITING. No modification or waiver of any of the terms hereof shall be valid unless in writing and signed by both parties, and no waiver of any breach hereof or default hereunder shall be deemed a waiver of any subsequent default of the same or similar nature. 17. MUTUAL COOPERATION. Each party shall, at any time and from time to time hereafter, take any and all steps and execute, acknowledge, and deliver to the other party any and all further instruments and/or'documents that the other party may reasonably require for the purpose of giving full force and effect to the provisions of this Agreement. 18. APPLICABLE LAW. The Agreement shall be construed in accordance with the laws of the Commonwealth of Pennsylvania which are in effect as of the date of execution of this Agreement. 19. INTEGRATION. This Agreement constitutes the entire understanding of the parties and supersedes any and all prior agreements or negotiations between them. There are no representations or warranties other than those expressly set forth herein. 20. OTHER DOCUMENTATION. Wife and Husband covenant and agree that they will forthwith execute any and all written instruments, assignments, releases, satisfactions, deeds, notes, or such other writings as may be necessary or desirable for the proper effectuation of this Agreement. ~}ili 21. NO WAIVER OF DEFAULT. This Agreement shall remain in full force and effect unless and until terminated under and pursuant to the terms of this Agreement. The failure of either party to insist upon strict performance of any of the provisions of this Agreement shall in no way affect the right of such party hereafter to enforce the same, nor shall the waiver of any default or breach of any provision hereof by construed as a waiver of any subsequent default or breach of the. same or similar nature, not shall it he construed as a waiver or strict performance of any other obligations herein. 22. SEVERABILITY. 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 provisions shall be stricken from this Agreement; and in all other respects, this Agreement shall be valid and continue in full force, effect, and operation. Likewise, the failure of any party to meet his or her obligations under any one or more of the paragraphs herein, with the exception of the satisfaction of the conditions precedent, shall in no way avoid or alter the remaining obligations of the parties. 23. BREACH. If eitliier party breaches any provisions of this agreement, the other party shall have the right, at his or her election, to sue for damages for such breach, or seek other remedies or relief as may be available to him or her, and the party breaching this contract should be responsible for payment of legal fees and costs incurred by the other in enforcing their rights under this agreement. 24. INFORMED AND VOLUNTARY I!;XECUTION. Each party to this agreement acknowledges that he or she is fully informed as to the facts relating to the subject matter of this agreement, is entering into this agreement voluntarily, free from fraud, undue influence, coercion or duress of any kind, has given careful thought to the making of this agreement, has carefully read each provision of this agreement, and fully and completely understands each provision of this agreement. IN WITNESS WHEREOF, the parties have hereunto set their hands and seals the day and year first above written: l0 zi 1 111 ae ~ >~ ELIZA , TH S. HARDING, Wif WITNESS: Y COMMONWEALTH OF PENNSYLVANIA ) ):ss COUNTY OF CUMBERLAND ) On this, the 2 ~ day of ~~ , 2006, before me, the undersigned officer, personally appeared ELIZABETH S. HARDING known to me, (or satisfactorily proven) to be the person whose name is subscribed to the within instrument, and acknowledged that he/she executed the same for the purposes therein contained. IN WITNESS WHEREOF, I hereunto sit m~hand and official seal. T~ __._xv.®~.~ i 8VG3'16tt~fALu;~~L ~~~' - I otitry Public ,~~p~~~~ s. i~WiN, au, ~uc~~r~ ~ ~u~eic; ARLi$LF. t'•ORQUfiH, COIINTV tY[~ G(lw1@ERlAI4'~" a~R'CDAR~.4~S£'~!~~IExPIREB~?Ci~RE~i22,2006 My commission expires: Q - SEA (~ .mss- ~ tress WARREN C. HARDING, Husband Date: COMMONWEALTH OF PENNSYLVANIA 77y-pzi~~ ):ss ~OUNTY OF CUMRLAND 1 On this, the ~ day of Off.%~C/ r/'G~ , 2006, bcfore me, the undersigned officer, personally appeared WARREN C. HARDING known to me, (or satisfactorily proven) to be the person whose name is subscribed to the within instrument, and acknowledged that he/she executed the same for the purposes therein contained. IN WITNESS WHEREOF, I hereunto set my hand and official seal. otary Public My commission expires: SEAL coMM P snvANu Notarial Seal Jane Adams, Notary Public Carlisle Boro, Cumberland Count My Cortunission Expires Sept. 6, 2 8 m a~ z~zdi mxn raweaaea rrs v.~r~e. i..i-~ 3 , .-.bv~..~es~.s~,u!ae:xs... ~ a'• •. ~ 0 C _ +~ ~~. --n 2~ K!.' Ck ~i~[„ _ C~ '-~ ~ ~ ^n t?i ` i ~ T ~o 3= ~_- f s- I e i <„ e pp .~ GFi ~7 ()'s K vV i 1 ELIZABETH S. HARDING, PLAINTIFF, V. WARREN C. HARDING, DEFENDANT. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - 2001-5216 s CIVIL TERM IN DIVORCE AFFIDAVIT OF SERVICE OF COMPLAINT PURSUANT TO PA. R.C.P. RULE NO.1920.4 (al(1)(il COMMONWEALTH OF PENNSYLVANIA SS: COUNTY OF CUMBERLAND NOW, Marcus A. McKnight, III, Esquire, being duly sworn according to law, does depose and state: 1. That he is a competent adult and attorney for the plaintiff in the captioned action in divorce. 2. That a certified copy of the Complaint in Divorce was served upon the defendant, Warren C. Harding, on September 6, 2001, by certified, restricted delivery mail, addressed to him at 1613 McCormick Drive, Mechanicsburg, Pennsylvania 17055- 5952, with Return Receipt Number 7099 3400 0018 4997 3050. 3. That the said receipt for certified mail is signed and attached hereto and made a part hereof. I verify that the statements made in this affidavit are true and correct. I understand that false statements herein made are subject to the penaltie~ybf 18 Pa. C,~S. Section 4904, relating to unsworn falsification to authorities. ~~ /j ~~~, MARCUS A. IcI IGHT, III, ESQUIRE Attorney for Plarntiff Date: November 7, 2006 o - ut _ m HARDIIQG "DIVDRCR~ CpOMPLAIIIT f~- Poste9e $ ! 8~ O' ~ Cerlifietl Fee ~- ' Q ' Postmark Return Receipt Fee h Hare r9 (Endoreeriient R2qulred) ~ , 5 .-7 0 eaMCted'peliV"4ry Fee ~ ^ D [7 (Endorsement~Requlretl ~-r R~ [7 Total Postage 8 Fees ~j t , ~ Q O ~ RecipienNS Name (Please Ptln[ pleatly) (to be completed by mailer) m _ MR W~$R_EN;`C_HARDING Street, Apt. NO ;'qS PP Box NO- --------------------------_------------.--------___ °- 1613 I4cC CR D,- o `city,"stare:zia+"a-Q$Lttl-------~---~-°---`~-------------~--------~--~-------- r M& ~~ 1 i r~complete-gems t; [; ano-s:~Hiso~~complete item 4 if Restricted belivery is de9iced. ^ 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 mailpi~€ or on the front if space permits. ,~~ ~ 1, "Article Addressed to: ~ MR WARBSN C HARD' 1613 l~co~c~c PG. Pq MSCH_A-NTCSBIIRG ~ 17059 J~h ~ uh 2. Article Numher (Copy from service ,PS Form 3811, July 1999 ~: ~ C,,~ D." I ~ e address d'rfferent from Item 1? ~ Ye: "l YES, emer delivery adtlress below: ~J No 3. Service Type ~ Cert'rfied Mail ^ Express Mail ^ Registered ®Return Receipt for Merchandise ^ Insured Mail ^ C.O.D. ' (EMra Fee) ®Yes f~050 i 192595-00-M-0952 L r } Ci; ~ _ i._: !s ~ C: Cot ~' ~ ., i~~--' •~_ _: ~ ' ~~ j L; t~, N ~ ~..', _` C o _-_ cv C_+ G~ 1