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IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY
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PEN NA.
STATE OF
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Ruth E. Fealtman, Plaintiff
No. 01 - 5906 Civil Term
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No.
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VERSUS
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Patrick W. Fealtman, Defendant
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DECREE IN
DIVORCE
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, l6e.'{, IT IS ORDERED AND
AND NOW,
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Ruth E. Fealtman
DECREED THAT
, PLAI NTI FF,
Patrick W. Fealtman
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AND
, DEFENDANT,
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ARE DIVORCED FROM THE BONDS OF MATRIMONY.
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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 property settlement agreement executed on February 25,2004
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Aod filed February 25, 2004 is incorporated but not merged into this Decree.
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PROTHONOTARY
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RUTH E. FEALTMAN,
Plaintiff
: IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY, PENNSYLVANIA
vs.
: No. 5906 Civil Term 2001
PATRICK W. FEALTMAN,
Defendant
: ACTION IN DIVORCE
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 ~3301(c) of the Divorce Code.
2. Date and manoer of the service ofthe Complaint: Delivered bv certified mail.
restricted deliverv. return receipt reauested. delivered on: November 16, 2001.
3. Date of execution of the affidavit of consent required by 3301(c) of the Divorce Code:
By Plaintiff:
February 20, 2004
By Defendant:
February 20, 2004
4. Related claims pending: None.
5. Date Defendant's Waiver of Notice in ~3301(c) Divorce was filed with the
Prothonotary: February 25, 2004
Date Plaintiffs Waiver of Notice in ~3301(c) Divorce was filed with the
Prothonotary: March 3, 2004
Date: 3 ~ 3-L-i
Respectfully Submitted:
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J e Adams, Esquire
l. . No. 79465
36 S. Pitt Street
Carlisle, Pa. 17013
(717) 245-8508
Attorney for Plaintiff
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RUTH E. FEALTMAN,
Plaintiff
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
vs.
No. 5906 Civil Term 2001
PATRICK W. FEALTMAN,
Defendant
ACTION IN DIVORCE
MARRIAGE SETTLEMENT AGREEMENT
THIS AGREEMENT, made this ~S fr, day of F-e/~y-u(A~ , 2004, by and
between, PATRICK W. FEALTMAN, of Cumberland County, Pennsylvania, hereinafter
referred to as "HUSBAND", and, RUTH E. FEALTMAN, of Cumberland County,
Pennsylvania, hereinafter referred to as "HUSBAND".
WITNESSETH:
WHEREAS, Husband and Wife were lawfully married on April 22, 1995, in Perry
County, Pennsylvania, and;
WHEREAS, there were no children bom 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 financial 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 ofthe 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 Robert Kline, Esquire, as his attomey. The Wife has employed and had the benefit or counsel
of Jane Adams, Esquire, as her attomey. Each party has carefully and completely read this
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agreement and has been advised and is completely aware not only of its contents but of its legal
effect.
3. SEPARATION. The 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 s,et 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 manoer 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 DIVORCE. The parties hereby acknowledge that Wife has filed a
Complaint in Divorce, 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 accepted 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 separation 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
sepaJ'ation 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, may be incorporated by reference into any
divorce, judgment, or decree. This incorporation shall not be regarded 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"'ofthis 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. HUSBAND and WIFE each do hereby
mutually remise; release, quit -claim and forever discharge the other and the estate of the other, of
and from any and all rights; titles, and interests, or claims in or against the property (including
income and gain from property hereafter accruing) of the other or against the estate of such other,
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or whatever nature and wheresoever situate, which she or he now has or at any time hereafter
roay have against such other, the estate of such other or any part thereof, whether arising out of
any former acts, contracts, engagements, or liabilities of such other or by way of dower or
curtesy, or claims in the nature of dower or curtesy of widow's or widower's rights, family
exemption or similar allowance, or under the intestate laws, or the right to take against the
spouse's will; or the right to treat a lifetime conveyance by the other as testamentary, or all other
rights of a surviving spouse to participate in the decease spouse's estate, whether arising under
the laws of Pennsylvania, any state, commonwealth, or territory of the United States, or any other
country, or any rights which Wife may have or at any time hereafter have for past, present or
future support or maintenance, alimony, alimony pendente lite, counsel fees, costs or expenses,
whether arising as a result of any marital relation or otherwise, except, and only except, all rights
and agreements and obligations of whatsoever nature arising or which may arise under this
agreement or for the breach of any thereof.
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 indemniJy or hold harmless from and
against all future obligations of every kind incurred by them, including those for necessities.
8. OUTSTANDING JOINT DEBTS.
(a) Wife agrees that the following debts are her own personal responsibility and therefore
agrees to completely and fmally pay on the following debts and obligations.
Aoy and all debt associated with the marital home.
(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.
9. EQUITABLE DMSION 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, preservation, 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
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effective.
The division of existing marital property is not intended by the parties to constitute in any
way a sale or exchange of assets, and the division is 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 ~ake the
payments defined in this agreement shall not be subject to termination, discharg~, 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
party'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 property 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. MARITAL HOME. Wife holds sole title to a property identified as 6606 Carlisle
Pike, Mechanicsburg, Pennsylvimia, 17055. The parties agree as follows with respect to the
marital residence:
(a) Husband previously signed a quit-claim deed relinquishing his spousal interest in the
above-referenced property. Husband again affirms that he hereby releases, quit-claims,
and waives, any and all claims to the residence identified above. Wife shall remain on
the primary mortgage on the residence and shall be solely responsible for the timely
payments of all past, present and future principal, interest, and other fees under the
mortgage. Wife will indemnify and save Husband harmless from any failure or refusal to
pay the mortgage.
(b) As of the date of separation, 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 marital residence
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(except as provided herein), including but not limited to, all real estate tlp'es, 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) Within ten (10) days of the signing of this agreement, Wife shall pay to husband a
lump-sum payment of Two-thousand dollars. This payment shall be in Jfull satisfaction of
the equitable distribution of all marital property, including the marital home.
12. MUTUAL WAIVER OF EMPLOYMENT BENEFITS. 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 to assume any claim to such benefits of the other at any time in the future.
13. ALIMONY, ALIMONY PENDENTE LITE and LEGAL FEES. 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.
Wife and Husband do hereby waive, release, and give up any rights they may respectively have
against the other for alimony, support, or maintenance. It shall be from the execution of this
Agreement the sole responsibility of each of the respective parties to sustaio themselves without
seeking any support from the other party.
14. 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 are 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 and 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.
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15. 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.
16. 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.
17. 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.
18. 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.
19. OTHER DOCUMENTATION. Wife and Husband covenant and agree that they
will forthwith el'ecute 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.
20. NO WAIVER OF DEFAULT. This Agreement shall remain in full force and effect
unless and until tenninated 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 be construed as a waiver or strict performance of
any other obligations herein.
21. 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 anyone 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.
22. BREACH. If either 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
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be responsible for payment oflegaHees and costs incurred by the other in enforcing their rights
under this agreement.
23. INFORMED AND VOLUNTARY EXECUTION. 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:
WITNESS:
Adams, EsqUIre
S. Pitt St.
lisle, Pa. 17013
17) 245-8508
Attorney for Ruth Fealtman
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RUTH E. FE TMAN, Wife.
Date:)...,)S -oy
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PATRICK W. ALTMAN, Husban .
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Robert Kline, Esquire
714 Bridge St., P.O. Box 461
New Cumberland, Pa. 17070
Attorney for Patrick W. Fealtman
Date: :;) - ;;lO~ 0<'1
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RUTH E. FEAL TMAN,
Plaintiff
: IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY, PENNSYLVANIA
vs.
; No. 0/- '59(}(.P
Civil Term
PATRICK W. FEALTMAN,
Defendant
: ACTION 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.
Where 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 at the
Office of the Prothonotary, Cumberland County Courthouse.
IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY,
LAWYER'S FEES AND EXPENSES BEFORE A DIVORCE OR ANNULMENT IS
GRANTED, YOU MAY LOSE THE RIGHT TO CLAIM 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
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RUTH E. FEAL TMAN,
Plaintiff
: IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY, PENNSYLVANIA
vs.
; No. ol-5iD(Q
Civil Term
PATRICK W. FEALTMAN,
Defendant
: ACTION IN DIVORCE
COMPLAINT IN DIVORCE
1. Plaintiff is Ruth E. Fealtman, a competent adult individual, who has resided at 6606
Carlisle Pike, Mechanicsburg, Cumberland County, Pennsylvania, 17050, for five and one-half
years.
2. Defendant is Patrick W. Fealtman, a competent adult individual, who has resided at
6606 Carlisle Pike, Mechanicsburg, Cumberland County, Pennsylvania, 17050, for five and one-
half years.
3. Plaintiff and Defendant have been bona fide residents of the Commonwealth for at
least 6 months immediately previous to the filing of this Complaint. .
4. The Plaintiff and the Defendant were married on Apri122, 1996 in Perry County,
Pennsylvania.
5. There have been no prior actions of divorce or for annulment between the parties.
6. 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.
7. Plaintiff and Defendant have no children together.
8. Plaintiff and Defendant are both citizens of the United States of Alnerica.
9. Neither Plaintiff or Defendant are a member of the Armed Forces ofthe United States
of any of its allies.
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10. The Plaintiff avers that the grounds on which this action is based are:
(a) That the marriage is irretrievably broken; and/or
(b) That the Defendant has offered such indignities to the Plamtiff, the innocent
and injured spouse, as to render her condition intolerable and life burdensome.
WHEREFORE, Plaintiff requests the court to enter a decree in divorce.
I verifY that the statements made in this Complaint are true and correct. I understand that
false statements herein are made subject to the penalties of 18 Pa.C.S. g4904 relating to unsworn
falsification to authorities.
RuTh I: -(in ttmrH)
Ru'th E. FeilItman, Plaintiff
. Respectfully submitted,
Date: /0 '/1. 0/
ane Adams, Esquire
LD. No. 79465
117 South Hanover St.
Carlisle, Pa. 17013
(717) 245-8508 .
ATTORNEY FOR PLAINTIFF
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RUTH E. FEALTMAN,
Plaintiff
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
vs.
No. 5906 Civil Term 2001
PATRICK W. FEALTMAN,
Defendant
ACTION IN DIVORCE
AFFIDAVIT OF CONSENT
1. A complaint in divorce under section 3301(c) of the Divorce Code was filed on October 11, 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 final decree of divorce after service of notice of intention to request entry of
the decree.
I verity that the statements made in this affidavit are 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 falsification to
authorities.
Date: :< - J.-o -0Lj
.f?A~h 1 ~YWf)
RU~ E. Fealtnlan, Plaintiff
WAIVER OF NOTICE OF INTENTION
TO REOUEST ENTRY OF A DIVORCE DECIREE
UNDER &3301(0) OF THE DIVORCE CODE
I. I consent to entry of a final decree of divorce without notice.
2. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses
if I do not claim them before a divorce is granted.
3. I understand that I will not be divorced until a divorce decree is entered by the Court and that a copy of
the decree will be sent to me immediately after it is filed with the Prothonotary.
I verity 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 J /1
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RUTH E. FEALTMAN,
Plaintiff
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
vs.
No. 5906 Civil Term 2001
PATRICK W. FEALTMAN,
Defendant
ACTION IN DIVORCE
AFFIDAVIT OF CONSENT
L A complaint in divorce under section 3301(c) ofthe Divorce Code was filed on October 11, 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 final decree of divorce after service of notice of intention to request entry of
the decree.
I verity that the statements made in this affidavit are 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 falsification to
authorities.
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Patrick W. Fealtman, Defendant
Date: rY - ;?-O -01
WAIVER OF NOTICE OF INTENTION
TO REOUEST ENTRY OF A DIVORCE DECREE
UNDER &330I(e) OF THE DIVORCE CODE
I. 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.
I verity 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: 01- ;;l 0- of
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Patrick W. Fealtman, Defendant
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RUTH E. FEALTMAN,
Plaintiff
: IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY, PENNSYL V ANlA
vs.
: No. 5906 Civil Term 2001
PATRICK W. FEALTMAN,
Defendant
: ACTION IN DIVORCE
AFFIDAVIT OF SERVICE OF NOTICE TO DEFEND.
COMPLAINT and PRAECIPE TO REINSTATE
AND NOW, this November 21,2001, I, Jane Adams, Esquire, hereby certify that
on November 16, 2001, a true and correct copy of the NOTICE TO DEFEND, REINSTATED
COMPLAINT, AND PRAECIPE TO REINSTATE were served, via certified mail, restricted
delivery, return receipt requested, addressed to:
Patrick W. Fealtman
6614 Carlisle Pike Apt #2
Mechanicsburg,Pa.17050
DEFENDANT
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· Compl~l~ ilems' ,1, 2, and 3. Also complet~
item 4 if Restricted D~livery is desired.
· Print your name and address on the reverse
so that we c~n return ttJe card to-you.
· Attach this card to the back of the .mal/piece,
or on tho front if space pennits.
1. Article Addressed to:
fCtMck- bJ. FeoJj;/kD.-vj
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17050
2. Article Number
(/tans, fer from SljlV/b. "'''"0 , , ,
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I'S Form 3811 ,.March 2001
o Express Mail
o Return Receipt for Merchandise
o C.O.D.
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Domestic Return Receipt
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RUTH E. FEALTMAN,
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
VS.
CIVIL ACTION - LAW
NO. 01 - 5906 CIVIL
PATRICK W. FEALTMAN,
Defendant
IN DIVORCE
NOTICE OF PRE-HEARING CONFERENCE
TO: Jane Adams
, Attorney for Plaintiff
Robert Peter Kline
, Attorney for Defendant
A pre-hearing conference has been scheduled at the
Office of the Divorce Master, 9 North Hanover Street, Carlisle,
Pennsylvania, on the 15th day of January 2004, at 9:00 a.m., at
which time we will review the pre-trial statements previously
filed by counsel, define issues, identify witnesses, explore
the possibility of settlement and, if necessary, schedule a
hearing.
Very truly yours,
Date of Notice: 12/8/03
E. Robert Elicker, II
Divorce Master
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RUTH E. FEALTMAN
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
Plaintiff
CIVIL ACTION - LAW
VS.
NO. 01 - 5906
CIVIL
19
PATRICKW. FEALTMAN
IN DIVORCE
Defendant
STATUS SHEET
DATE:
ACTIVITIES:
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Jane Adams
ATTORNEY AT LAW
36 SOUTH PITT STREET
CARLISLE, P A. 17013
(717) 245-8508 voice
(717) 245-8538 fax
esaadams!i/laol.com
February 25,2004
Robert Elicker, II, Esquire
Divorce Master
9 N. Hanover St.
Carlisle, Pa. 17013
Re: Fewtrnaov. Feahman
No. 01 - 5906 (Civil)
Dear Mr. Elicker:
Enclosed please find a marriage settlement agreement which has been executed in the
above-referenced matter. Please vacate your appointment so that a final Decree may be entered
promptly.
Thank you for your attention to the above. Please contact me if there are any questions
regarding the above.
Very truly yours,
cc: Ruth Fealtrnan
Robert Kline, Esquire
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RUTH E. FEALTMAN,
Plaintiff
: IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY, PENNSYLVANIA
v.
: NO. 01-5906 CIVIL TERM
PATRICK W. FEALTMAN,
Defendant
: CIVIL ACTION - LAW
: IN DIVORCE
ORDER APPOINTING MASTER
AND
NOW,
this
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day
Of~~
2003,
[&Iud ~
, Esquire, is appointed master with respect to the following
claims: divorce and distribution of property.
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RUTH E. FEALTMAN,
Plaintiff
: IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY, PENNSYLVANIA
v.
: NO. 01-5906 CIVIL TERM
PATRICK W. FEALTMAN,
Defendant
: CIVIL ACTION - LAW
: IN DIVORCE
MOTION FOR APPOINTMENT OF MASTER
Patrick W. Fealtman, Defendant, moves the Court to appoint a Master with respect to the
following claims: divorce and distribution of property, and in support of the motion states:
1. Discovery is not yet complete as to the claims for which the appointment of a master
is requested.
2. The Plaintiff has appeared in the action by her attorney, Jane Adams, Esquire.
3. The statutory ground for divorce is Section 3301(d) of the Divorce Code.
4. The action is contested with respect to the following claims: distribution of
property.
5. The action does not involve complex issues oflaw or fact.
6. The hearing is expected to take between one-half and one day.
7. Additional information, if any, relevant to the motion: Defendant, Patrick W.
Fealtman, is presently incarcerated in Cumberland County Prison. It is anticipated that discovery
will not be complete until after Defendant's release. The undersigned counsel is not aware of any
anticipated release date for his client.
Respectfully Submitted,
& ~oV t ., 03
Date
~k?Ko~
ROBERT PETER KLINE, ESQUIRE
714 Bridge Street
Post Office Box 461
New Cumberland, P A 17070-0461
(717) 770-2540
Attomey for Defendant
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CERTIFICATE OF SERVICE
I hereby certify that I served a true and correct copy of the foregoing Motion For
Appointment of Master upon Plaintiff, by depositing same in the United States Mail, first class,
postage pre-paid on the ~ day of November, 2003, from New Cumberland, Pennsylvania,
addressed as follows:
Jane Adams, Esquire
36 S. Pitt Street
Carlisle, P A 17013
Attorney for Plaintiff
Qy~
ROBERT P. KLINE, ESQUIRE
714 Bridge Street
Post Office Box 461
New Cwnberland, P A 17070-0461
(717) 770-2540
Attomey for Defendant
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RUTH E. FEALTMAN,
Plaintiff
vs.
PATRICK W. FEALTMAN,
Defendant
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: IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY, PENNSYLVANIA
: No. 0/- sY~?
Civil Term
: ACTION IN DIVORCE
PRAECIPE TO REINSTATE COMPLAINT
TO THE PROTHONOTARY:
Please reinstate the Complaint in the above-captioned matter.
Date: , 1-/3-01
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Adams, Esquire
. No. 79465
117 South Hanover St.
Carlisle, Pa. 17013
(717) 245-8508
ATTORNEY FOR PLAINTIFF
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RUTH E. FEALTMAN,
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
\.
Plaintiff
vs.
NO. 01-5906 CIVIL TERM
PATRICK W. FEALTMAN,
IN DIVORCE
Defendant
Ii
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 or visitation of your children.
When the ground for the divorce is indigoities 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 First 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, Pennsylvania 17013
(717) 249-3166
~
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RUTH E. FEALTMAN,
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYL V ANlA
Plaintiff
!i
:1
vs.
NO. 01-5906 CIVIL TERM
PATRICK W. FEALTMAN,
IN DIVORCE
Defendant
ANSWER TO COMPLAINT IN DIVORCE WITH
COUNTERCLAIM RAISING A COUNT OF INDIGNITIES
AND A COUNT OF EQUITABLE DISTRIBUTION
AND NOW, comes Patrick W. Fealtman, by and through his attomey, Robert P. Kline,
Esquire, and respectfully answers the Complaint in Divorce as follows:
1. Admitted.
2. Admitted in part. Defendant presently resides at 6614 Carlisle Pike, Apt. 2,
Mechanicsburg, Cumberland County, Pennsylvania 17050.
3. Admitted.
4. Admitted.
5. Admitted.
6. Defendant has been advised that counseling is available and that Defendant may
have the right to request that the court require the parties to participate in counseling.
7. Admitted.
8. Admitted.
9. Admitted.
10.(a) Admitted.
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1 O.(b) Denied. Defendant specifically denies the allegation that Defendant has offered
such indignities to the Plaintiff as to render her condition intolerable and life burdensome and
! ' specific proof is demanded.
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COUNT II
DEFENDANT'S CLAIM FOR DIVORCE
INDIGNITIES
11. Defendant desires a divorce based upon:
a. The fact that Plaintiff has offered such indignities to the person of the
Defendant, the ionocent and injured spouse, as to render his condition
intolerable and life burdensome, including, but not limited to, adultery, fraud,
physical, verbal and mental abuse and anguish, and abuse of illegal drugs, and
this action is not collusive or, in the alternative,
b. It is believed that Plaintiff will after ninety (90) days from the date of
the filing of this Complaint, consent to this divorce.
WHEREFORE, Defendant requests this Honorable Court to enter a Decree in Divorce.
COUNT III
EQUITABLE DISTRIBUTION
12. Plaintiff and Defendant are owners of real property located at 6606 Carlisle Pike,
Mechanicsburg, Cumberland County, Pennsylvania, various items of personal property, furniture,
and household furnishings acquired during their marriage which are subject to equitable distribution.
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13. Plaintiff and Defendant have incurred debts and obligations during their marriage
" which are subject to equitable distribution.
WHEREFORE, Defendant requests your Honorable Court to enter a decree equitably
dividing the parties' property and equitably apportioning the debts incurred by the parties.
Respectfully submitted,
LD ~'* ~2
DATE
~<Pt42 ~
ROBERT P. KLINE, ESQUIRE
714 Bridge Street
Post Office Box 461
New Cumberland, PA 17070-0461
(717) 770-2540
Attomey for Defendant
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VERIFICATION
I verify that the statements made in the foregoing Answer to Complaint in Divorce With
counterclaim Raising a Count of Indignities and a Count of Equitable Distribution are true and
correct. I understand that false statements herein made are subject to the penalties ofPa.C.S. Section
I 4904 relating to unswom falsification to authorities.
~ -- 9,--o;;J-
Date
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PATRICK W. FEALTMAN
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CERTIFICATE OF SERVICE
I hereby certify that I served a true and correct copy of the foregoing Answer to Complaint
With Counterclaim upon Plaintiff by depositing same in the United States Mail, first class, postage
pre-paid on the 15th day of March, 2002, from New Cmnberland, Pennsylvania, addressed as
follows:
Jane Adams, Esquire
117 S. Hanover Street
Carlisle, P A 17013
Attomey for Plaintiff
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ROBERT P. KLINE, ESQUIRE
714 Bridge Street
Post Office Box 461
New Cmnberland, P A 17070-0461
(717) 770-2540
Attomey for Defendant
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RUTH E. FEALTMAN,
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
Plaintiff
vs.
NO. 01-5906 CIVIL TERM
PATRICK W. FEALTMAN,
IN DIVORCE
Defendant
PRAECIPE TO PROCEED IN FORMA PAUPERIS
To the Prothonotary:
Kindly allow Patrick W. Fealtman, Defendant, to proceed in forma pauperis.
I, Robert P. Kline, Esquire, attomey for the party proceeding in forma pauperis, certify that
I believe the party is unable to pay the costs and that I am providing free legal services to the party.
The party's affidavit showing inability to pay the costs oflitigation is attached hereto.
Respectfully submitted,
is ~M 7">'\\
DATE
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ROBERT P. KLINE, ESQUIRE
714 Bridge Street
Post Office Box 461
New Cumberland, PA 17070-0461
(717) 770-2540
Attorney for Defendant
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RUTH E. FEALTMAN,
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
Plaintiff
vs,
NO, 01-5906 CIVIL TERM
PATRICK W, FEALTMAN,
IN DIVORCE
Defendant
AFFIDAVIT IN SUPPORT OF PETITION
FOR LEAVE TO PROCEED IN FORMA P AUPERlS
1, I am the defendant in the above matter and because of my financial condition am
unable to pay the fees and costs of prosecuting, defending, or appealing the action or proceeding.
2. I am unable to obtain funds from anyone, including my family and associates, to
pay the costs of litigation.
3. I represent that the information below relating to my ability to pay the fees and
costs is true and correct.
(a) Name: ~\l<:-j<- ~Cl-~--n
Address: G,.Co ["(0 PfJ..~ c..v-{ ,(~ 9 ;~
(V/ec~<,,,'I(;<;b'^-0 P""'-.. l z;a:; 0
Social Security Number: I (4 S - (p 'i - ?f"'if7
(b) If you are presently employed, state:
Employer: rY/17L'1 p <:> ~~ +t'V'1 ,P J
Address: ~1.NLLt \Cd
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Salary or wages per month: 7ft f.-.r
Type of work: ~ ~~-(',O~
If you are presently unemployed, state:
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Date of last employment: yuvr c}< 4- :sri"
Salary or wages per month:
Type of work: r~
(c) Other income within the past twelve months
Business or profession: ~ ~ o~ -:;> rvvo .flv.r-+ert5
Other self-employment:
Interest: 'P'
Dividends: P
Pension and annuities: V
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Social Security benefits: tfS
Support payments: er-
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Disability payments: r;5
Unemployment compensation and supplemental benefits:
if
Workman's compensation: <25
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Public Assistance: (2f'
Other: R9
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(d) Other contributions to household support
(Wife) (Husband) Name: rp
If your (husband) (wife) is employed, state:
Employer: \
Salary or wages per month:
Type of work:
Contributions from children:
(e) Property owned
Cash: If
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Checking account: f2f
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Savings account: l'
Certificates of Deposit: $'
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Mortgage:
Rent:
Loans:
(g)
Persons dependent upon you for support
(Wife) (Husband) Name: ~~-:. TJ ~jj1.V'"",,_
Children, if any:
Name: (T~CXj ~ Age: 1D
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4. I understand that I have a continuing obligation to inform tble court of improvement
in my financial circumstances which would permit me to pay the costs incUrred herein.
5. 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
unswom falsification to authorities.
Date:
Lq~O;L
---
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PATRICK W. FEALTMAN
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RUTH E. FEALTMAN,
Plaintiff
: IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY, PENNSYLVANIA
vs.
: No. 5906 Civil Term 2001
PATRICK W. FEALTMAN,
Defendant
: ACTION IN DIVORCE
AFFIDAVIT OF SEPARATION
1. The parties to this action separated on October 9,2001, 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 my rights concerning alimony, division of property,
lawyer's fees or expenses if! 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 are made subject to the penalties of 18 Pa.C.S. 94904 relating to unsworn
falsification to authorities.
Date: iD-Q'-{)3
~lh/~/f7J{O/)
R hE. FealtIDan, Plaintiff
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RUTH E. FEALTMAN,
Plaintiff
: IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY, PENNSYLVANIA
vs.
: No. 5906 Civil Term 2001
PATRICK W. FEALTMAN,
Defendant
: ACTION IN DIVORCE
AFFIDAVIT OF SERVICE OF THE AFFIDAVIT OF SEPARATION
AND NOW, this November 4, 2003, I, Jane Adams, Esquire, hereby certify that
on or about October 12,2003, a true and correct copy of the AFFIDAVIT OF SEPARATION
was served, via certified mail, return receipt requested, addressed to:
Robert Kline, Esquire
714 Bridge Street, P.O. Box 461
New Cumberland, Pa. 17070
ATTORNEY FOR
DEFENDANT
Respectfully Submitted:
e Adams, Esquire
I.D. o. 79465
11 South Hanover St.
arlisle, Pa. 17013
(717) 245-8508
ATTORNEY FORPLAINTITF
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Complete- items. I, 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 ma;lpiece,
or on the front if space permits.
1. Article Addressed to:
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C. Date of Delivery
D. Js delivery address different from item 1? 0 Yes
If YES, enter delivery address below: 0 No
3. Service Type
Ji{ Certifi~ ~ail _ 0 Express Mail
o Registered 0 Return Receipt for Merchandise
o Insured Mail 0 C.O.D.
4. Restricted DelivE1ry? (E.xi{a. Fee; 0 Yes
2. Article Number
(Tr'ansfer from service rabel)
PS Form 3811, August 2001
----..,
7Q01 2510 0001 4137 1933
Dom~tic_Aet~~_~:c~
102595-02.M-1035
RUTH E. FEAL TMAN,
Plaintiff
: IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY, PENNSYLVANIA
v.
: NO. 01-5906 CIVIL TERM
PATRICK W. FEALTMAN,
Defendant
: CIVIL ACTION - LAW
: IN DIVORCE
COUNTER-AFFIDA VlT UNDER ~3301(d)
OF THE DIVORCE CODE
1. Check either (a) or (b):
~(a) I do not oppose the entry of a divorce decree.
) I oppose the entry of a divorce decree because (Check (i), (ii) or both):
(i) The parties to this action have not lived separate and apart for a period of at least
two years.
D (ii) The marriage is not irretrievably broken.
2. Check either (a) or (b):
O (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.
fXI (b) I wish to claim economic relief which may include alimony, division of property,
U lawyer's fees or expenses or other important rights.
I understand that in addition to check (b) above, I must also file all of my economic claims
with the prothonotary in writing and serve them on the other party. If I fail to do so before the date
set forth on the Notice of Intention to Request Divorce Decree, the divorce decree may be entered
without further notice to me, and I shall be unable thereafter to file any economic claims.
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 unswom
falsification to authorities. s::x
Date: 10-;;)..1-03 ~V? C? r?---"z:: ~
, :ATRICKW.~AG~,Defendant .
NOTICE: IF YOU DO NOT WISH TO OPPOSE THE ENTRY OF A DIVORCE DECREE AND
YOU DO NOT WISH TO MAKE ANY CLAIMF OR ECONOMIC RELIEF, YOU SHOULD
NOT FILE TmS COUNTER-AFFIDAVIT.
';'_'''P ]
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CERTIFICATE OF SERVICE
I hereby certify that I served a true and correct copy of the foregoing Counter-Affidavit
Under Section 3301(d) of the Divorce Code upon Plaintiff, by depositing same in the United States
Mail, first class, postage pre-paid on the 6th day of November, 2003, from New Cumberland,
Pennsylvania, addressed as follows:
Jane Adams, Esquire
36 S. Pitt Street
Carlisle, P A 17013
Attorney for Plaintiff
~y~
ROBERT P. KLINE, ESQUIRE
714 Bridge Street
Post Office Box 461
New Cumberland, P A 17070-0461
(717) 770-2540
Attomey for Defendant
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Jane Adams
ATIORNEY AT LAW
36 SOUTH PI'IT STREET
CAJUlSLE,PA; 17013
(717) 245-8508 voice
(717) 245-8538 fax
esaadamsuuao1.com
February 6, 2004
Robert Kline, Esquire
714 Bridge Street, P.O. Box 461
New Cumberland, Pa. 17070
Re: Fealtman v. Fea1tman
No. 01 - 5906 Civil Term (Cumberland County)
Dear Robert:
Please be advised that my client has furnished me with a check in the amount of $2000.00
for the marriage settlement in this matter. I have deposited this check in my escrow account. I
will be preparing a marriage settlement agreement and contacting you regarding fmalizing this
matter in the near future.
Thank you for your attention the above. Please contact me if you have any further
questions.
" "
Very truly yoUrs,
q9~!e
cc: Robert Elicker, Divorce Master
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RUTH E. FEALTMAN,
Plaintiff
THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
vs.
NO. 01 - 5906 CIVIL
PATRICK W. FEALTMAN,
Defendant
IN DIVORCE
ORDER OF COURT
AND NOW, this
JMri
day of ~.uiJ
2004, the economic claims raised in the proceedings having been
resolved in accordance with a marriage settlement agreement
dated February 25, 2004, the appointment of the Master is
vacated and counsel can file a praecipe transmitting the record
to the Court requesting a final decree in divorce.
BY THE COURT,
.J.
cc: Jane Adams
Attorney for Plaintiff
Robert Peter Kline
Attorney for Defendant
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RUTH E. FEALTMAN,
Plaintiff
: IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY, PENNSYL V ANIt\
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vs.
: No. 5906 Civil Term 2001
PATRICK W. FEALTMAN,
Defendant
: ACTION IN DIVORCE
(.---;
(':1
MARRIAGE SETTLEMENT AGREEMENT ::'; "
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TillSAQREEMENT, made this ()S day of F4YUGl...~004' by and
between, PATRICK W. FEALTMAN, oYCumberland County, Pennsylv " ereinafter
referred to as "HUSBAND", and, RUTH E. FEALTMAN, ofCumberlan uniy,
Pennsylvania, hereinafter referred to as "HUSBAND".
WITNESSETH:
WHEREAS, Husband and Wife were lawfully married on April 22, 1995, in Perry
County, Pennsylvania, and;
WHEREAS, there were no 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 financial 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 bOlmd, 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 Robert Kline, Esquire, as his attorney. The Wife has employed and had the benefit or counsel
of Jane Adams, Esquire, as her attorney. Each party has carefully and completely read this
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agreement and has been advised and is completely aware not only of its contents but of its legal
effect.
3. SEPARATION. The 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
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 olher activity as
he or she may deem advisable. Neither party shall interfere with the uses, ownersltip, enjoyment,
or disposition of any property now owned and not specified herein or property hereafter acquired
by the other.
4. SUBSEQUENT DIVORCE. The parties hereby acknowledge that Wife has filed a
Complaint in Divorce, claiming that the marriage is irretrievably broken under the no-fault
mutual consent provision of Section 330 I( c) of the Pennsylvania Divorce Code. Husband hereby
expresses his agreement that the marriage is irretrievably broken and expresses his intent to
execute my 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 accepted 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 separation 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 ofthis
Agreement or the substance of the provisions thereof, may be incorporated by reference into any
divorce, judgment, or decree. This incorporation shall not be regarded 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"'ofthis Agreement shall be defined as the date of execution by the party last I~xecuting this
Agreement. All provisions of this agreement shall be effectuated by the parties within thirty
(30) days of the execution date of this agreement nnless otherwise specified within this
agreement.
6. MUTUAL RELEASE OF ALL CLAIMS. HUSBAND and WIFE each do hereby
mutually remise; release, quit-claim and forever discharge the other and the estate of the other, of
and from any and all rights; titles, and interests, or claims in or against the property (including
income and gain from property hereafter accruing) of the other or against the estate of such other,
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or whatever nature and wheresoever situate, which she or he now has or at any time hereafter
may have against such other, the estate of such other or any part thereof, whether arising out of
any former acts, contracts, engagements, or liabilities of such other or by way of dower or
curtesy, or claims in the nature of dower or curtesy of widow's or widower's rights, family
exemption or similar allowance, or under the intestate laws, or the right to take against the
spouse's will; or the right to treat a lifetime conveyance by the other as testamentary, or all other
rights of a surviving spouse to participate in the decease spouse's estate, whether arising under
the laws of Pennsylvania, any state, commonwealth, or territory of the United States, or any other
conntry, or any rights which Wife may have or at any time hereafter have for past, present or
future support or maintenance, alimony, alimony pendente lite, counsel fees, costs or expenses,
whether arising as a result of any marital relation or otherwise, except, and only except, all rights
and agreements and obligations of whatsoever nature arising or which may arise under this
agreement or for the breach of any thereof.
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 and
against all future obligations of every kind incurred by them, including those for necessities.
8. OUTSTANDING JOINT DEBTS.
(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.
Any and all debt associated with the marital home.
(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.
9. EQUITABLE DMSION 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, amonnt, 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, preservation, 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
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effective.
The division of existing II1Jl1'ital property is not intended by the parties to constitute in any
way a sale or exchange of assets, and the division is being effected without the introduction of
outside funds or other property not constituting marital property. The division of property nnder
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
party'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 property of Husband; and Husband agref~s 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 8eparate
property of the other.
11. MARITAL HOME. Wife holds sole title to a property identifie<< as 6606 Carlisle
Pike, Mechanicsburg, Pennsylvimia, 17055. The parties agree as follows with vespect to the
marital residence:
(a) Husband previously signed a quit-claim deed relinquishing his spousal interest in the
above-referenced property. Husband again affirms that he hereby releases, quit-claims,
and waives, any and all claims to the residence identified above. Wife shall remain on
the primary mortgage on the residence and shall be solely responsible for tlIe timely
payments of all past, present and future principal, interest, and other fees under the
mortgage. Wife will indemnify and save Husband harmless from any failure or refusal to
pay the mortgage.
(b) As of the date of separation, 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 marital. residence
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(except as provided herein), including but not limited to, all real estate ta(xes, water and
sewer rents, gas, electric, and telephone service, homeowner's insurancej and gardening
expenses and repairs, and Wife shall keep Husband and his successors, $signs, heirs,
executors, and administrators indemnified and held harmless from any li~bility, cost or
expense, including attorney's fees, which are incurred in connection witIj. such
maintenance, costs, and expense.
(c) Within ten (10) days of the signing of this agreement, Wife shall pay to husband a
lump-sum payment of Two-thousand dollars. This payment shall be in t)ul satisfaction of
the equitable distribution of all marital property, including the marital h~me.
12. MUTUAL WAIVER OF EMPLOYMENT BENEFITS. The p~ies agree to
waive any and all rights they have in and to each othe, r's employment benefits, . cluding but not
limited to both parties pensions and retirement plans and Incentive Savings PI s. The parties
agree never to assume any claim to such benefits of the other at any time in the future.
13. ALIMONY, ALIMONY PENDENTE LITE and LEGAL FEES. I Each party
hereby waives any right to spousal support, alimony, or alimony pendente lite, apd each party
agrees to be responsible for his or her own legal fees and expenses. The partie~ herein
acknowledge that by this Agreement, they have respectively secured and mainta/ned a substantial
and adequate fund with which to provide for themselves sufficient financial res~urces to provide
for their comfort, maintenance, and support in the station of life to which they ate accustomed.
Wife and Husband do hereby waive, release, and give up any rights they may re$pectively have
against the other for alimony, support, or maintenance. It shall be from the exeGution of this
Agreement the sole responsibility of each of the respective parties to sustain the/nilelves without
seeking any support from the other party.
14. INCOME TAX RETURNS. Husband and wife represent to each qther that to the
best of their knowledge all federal, state, and local taxes required to paid with dUring the
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marriage and during the periods covered by such tax returns have been paid. Huslland and Wife
further represent that there are no tax deficiencies proposed or assessed against Husband and/or
Wife, for such periods, and neither Husband nor Wife executed any waiver of th~ Statute of
limitations on the assessment or collection of any tax for such periods. If any ~ficiency in
federal, state, or, local income taxes is proposed, or any assessment of any such 1\ax is made
against the other party by reason of his or her having joined in the filing of joint I federal, state or
local income tax returns, Husband and Wife shall indemnify and hold harmless the other against
and from any and all tax, interest, penalty, or expense relating from any such ~ deficiency;
including reasonable counsel and accounting fees, and such tax, interest, and pe~alties or
expenses shall be paid solely and entirely by the responsible party as determine4 to be
attributable to that party on account of misrepresentation or failure to disclose r~le:vant
information of income on the aforesaid joint returns.
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15. WAIVER OR MODIFICATION TO BE IN WRITING. No modification or
waiver of any of the terms hereof shall be valid nnless in writing and signed by both parties,' and
no waiver of any breach hereof or default herennder shall be deemed a waiver of any subsequent
default of the same or similar nature.
16. 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.
17. 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.
18. 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.
19. 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.
20. NO WAIVER OF DEFAULT. This Agreement shall remain in full force and effect
nnless and until terminated under and pursnant 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 sl\t1le, 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 be construed as a waiver or strict performance of
any other obligations herein.
21. 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 anyone or more of the pal'agraphs herein,
with the exception of the satisfaction of the conditions precedent, shall in no way avoid or alter
the remaining obligations of the parties.
22. BREACH. If either 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
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be responsible for payment of legal fees and costs incurred by the other in enforcing their rights
under this agreement.
23. INFORMED AND VOLUNTARY EXECUTION. 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 volnntarily, 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:
WITNESS:
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RUTH E. FE TMAN, Wife.
J Adams, Es Ulfe
6 S. Pitt St.
lisle, Pa. 17013
17) 245-8508
Attorney for Ruth Fealtman
Date:.)..).'; -oy
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PATRICK W. ALTMAN, Husband
QIr ~O .
Robert Kline, Esquire "-
714 Bridge St., P.O. Box 461
New Cumberland, Pa. 17070
Attorney for Patrick W. Fealtman
Date: 9-- - ;;70~ 0<'(
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