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HomeMy WebLinkAbout99-02284 6. Neither party is in the Armed Services of the United States or its allies. 7. 11 ~.~ 1~ The marriage is irretrievably broken, ~ 8. 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, " ~~ :~ .~. 'I' , " 9. . , :t Plaintiff requests the Court to enter a Decree of Divorce. WHEREFORE, Plaintiff prays this Honorable Court to enter an Order dissolving the marriage between the parties. i :' ~~ COUNT II EOUlTABLE DISTRIBUTION 10, Plaintiff incorporates the allegations of paragraphs one (I) through nine (9) by reference as if set forth at length herein. ~ ; , , II. During the course of the marriage, the parties have acquired numerous items of property, both real and personal, which are held in joint names and in the individual names of the parties hereto. WHEREFORE, Plaintiff prays this Honorable Court, after requiring full disclosure by the Defendant, to equitably divide the property, both real and personal, owned by the parties hereto as marital property. Date: ~ -Il, -C< <>, Respectfully submitted, UJP-' I~ jj ,~ . William 1. Grubb, Esquire !.D. # 72661 3 I 05 Old Gettysburg Road Camp HilI, P A 170 II (717) 763-5580 Attomey for Plaintiff .'.....~, ..._.k,Q,...:t,..IH ''"'1~.~,.,-,~._".." VERIFICATION I, DIANE V, CAHILL, verify that the statements made in this document are true and correct. I understand that false statements herein are made subject to penalties of 18 Pa. C,S. ~ 4904, relating to unsworn falsification to authorilies. Sv u Vv-Ld L-Diane V, Cahill, Plaintiff Date: 4- / It . CfI ! -a- (f) 0 ~ @)b; Cl i= l..() p c w~ 0- 0- oo ;~~ ~~ - lLlr~ - L.O - r- - C.);.~ -~ ',~,~~ er- e;:' (-' :r. a... ~ ,,- ":;:I Cl :'j-;~~ 6,'~ '0 f[1 cL uJ',l. rZl.: 0: :.~im ... D. ':JCl.. ,- ~~ ~:: u_ r;ro ::.> 0 '" U IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW DIANE V. CAHILL, Plaintiff DUANE B, CAHILL, Defendant ) ) ) ) ) ) ) ACTION IN DIVORCE ,j.:!fi'y No. 99~8-Civil vs. AFFIDAVIT OF CONSENT I. A Complaint in Divorce was filed in the Lancaster County Court of Common Pleas on April 16, 1999 and docketed to number 99-1728. 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety (90) days have elapsed from the date of filing and service of the Complaint. 3. I consent to the entry ofa final Decree of Divorce after service of notice of intention to request entry ofthe Decree, 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, !l4904 relating to unsworn falsification to authorities. Date: 0/30/02> ~7J~ Diane V. Cahill >- "', ~ ~ (~ ~~ .. .') !U~-:: - r-)~ - <.~, ~. ;-)2': '-.~ ~}- 6;.... "I~ '.I. i. i:". :.~ ,.1.., '~J ,~ rJ) :1 I ':1% "l--..... ~- .JJlU C 'l1C.L c..; -- . eJ_ C':J :;) 0 .~::) CJ >- 0' f::: ~ co: z ~. 'j-:!: UJr-,: c..J ..~~ ~-)~ w:F' .;:? . ,l~ 1"'" ':1~ C':)l.'" ..,... - :-"J ....m E~l .:,(: I ':~.z .cz --:.1 , f-. 'III.U .. L' J]ll.. C: ~" Lt_. ::,., ::l C> C,J (J >- 0' ~ ~!( <': ?: I.:~ i-?';$ U.l~.' S2~~ .- -.,~ , -"'- Co. -..;.:; ')~ :) ~~_. ,I.; '" '~(n t: '~ I ',12 ::-::" ~. ;:fiC5 -'- c ,.00.. c..:: 2 ,,- "", :::> 0 C:l <..) >- o. f,2 q; ,.,: a:::: =>$ u.;~~ 8~ () 4~ '~L: (- . ;ti -. .~!) r. :_::~ IT: , .) t.[{J i:'. I J.~ u 1im ~ ,- .... L' :l:ln... C ::.:;: u_ ;",") :::> r::J r"O (.J '- M ~ f::; :::; '" ::. T~~t lJJ'--; C.J _~_' -.,'~ iF' ~ r:: (-)~ .", (;.l~ n~~. 6~ ~ ",.,c'J) L:..!' 5~ 2 :.- IC~ i11'u .. e Ju.. ~- .::..: ~ _e " ''-'. a (- -' , DIANE V, CAHILL, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA vs, NO, 99 - 2284 CIVIL DUANE B, CAHILL, Defendant IN DIVORCE TO: JoAnne Murphy Attorney for Plaintiff 1 . ~ Edward J, Weintraub , Attorney for Defendant DATE: Tuesday, November 5, 2002 CERTIFICATION OR IF DISCOVERY IS NOT COMPLETE: I certify that discovery is complete as to the claims for which the Master has been appointed, (a) Outline what information is required that is not complete in order to prepare the case for trial and indicate whether there are any outstanding interrogatories or discovery motions, I ... (b) Provide approximate date when discovery will be complete and indicate what action is being taken to complete discovery. DATE COUNSEL FOR PLAINTIFF COUNSEL FOR DEFENDANT NOTE: PRETRIAL DIRECTIVES WILL NOT BE ISSUED FOR THE FILING OF PRETRIAL STATEMENTS UNTIL COUNSEL HAVE CERTIFIED THAT DISCOVERY IS COMPLETE, OR OTHERWISE AT THE MASTER'S DISCRETION, AFTER RECEIVING THIS DOCUMENT FROM BOTH COUNSEL OR A PARTY TO THE ACTION, IF NOT REPRESENTED BY COUNSEL, INDICATING THAT DISCOVERY IS NOT COMPLETE, THE DIRECTIVE FOR FILING OF PRETRIAL STATEMENTS WILL BE ISSUED AT THE MASTER'S DISCRETION, HOWEVER, IF BOTH COUNSEL, OR A PARTY NOT REPRESENTED, CERTIFY THAT DISCOVERY IS COMPLETE, A DIRECTIVE TO FILE PRETRIAL STATEMENTS WILL BE ISSUED IMMEDIATELY. THE CERTIFICATION DOCUMENT SHOULD BE RETURNED TO THE MASTER'S OFFICE WITHIN TWO (2) WEEKS OF THE DATE SHOWN ON THE DOCUMENT, John M. Smith Thomao G. Kllngenomllh Kevin D. Dolon Jeffrey S. Shonk JoAnne Murphy Julie M. Cooper Henry F. Gingrich (1952.2001) + 222 South Merkel Slreel Sulle 201 P. 0, Box 267 Ellzabelhlown, PA 17022 Phone (717) 367.1370 Fax (717) 367.3219 + 45 Eaot Orenge Street Lencaeter, PA 17602 Phone (717) 393.3664 Fax (717) 393.0653 + Web Site WWW.GSKDLAW.COM E.mall gekdlaw@earthllnk,net December 12,2002 Mr. E. Robert Elicker, II, Esquire 9 North Hanover Street Carlisle, PA 17013 RE: Diane V. Cahill v, Duane B. Cahill Dear Attorney Elicker: We recently received the enclosed facsimile indicating that opposing counsel no longer represents Defendant, Duane B, Cahill. This letter is to inform you that my client, Diane V. Cahill, has submitted her Certification that discovery is complete and is willing to continue with the divorce proceedings, Thank you for your attention to this matter. If you have any questions, please do not hesitate to contact me at your convenience. Very truly yours, GINGRICH, SMITH, KLINGENSMITH & DOLAN ?l~ /}7/~ JAM:naf Enclosure cc/enc: Diane V, Cahill C:\Program Filcs\Corcl\WordPcrfcct Office 2000\Backup\wp{wp} ,bkl ~- - DIANE V. CAHILL, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA vs. NO, 99 - 2284 CIVIL DUANE B, CAHILL, Defendant IN DIVORCE TO: JoAnne Murphy , Attorney for Plaintiff Edward J, weintraub , Attorney for Defendant DATE: Tuesday, November 5, 2002 CERTIFICATION I certify that discovery is complete as to the claims for which the Master has been appointed, OR IF DISCOVERY IS NOT COMPLETE: (a) Outline what information is required that is not complete in order to prepare the case for trial and indicate whether there are any outstanding interrogatories or discovery motions, >-0 If' ~ r.~ ~ 0 ?...-r.; \.lJ~~ L)::..... ~~~: =c: c..)~ ~,L)i~ .a: r":l:::J ~';o '>=' '"1' ~.. N '. .~ to (j: I _::::~ u.~_.. .~~ ~l': W tnrn l..\.~ LJ..) ;';.10- ,_. C ~ I..l_ ('01 :::> C- O Cl I I J: !:: ::E lJ) Z w C) Z ~ :J z ~ lo:: <( ~ ..J < :t 0 ~ f- 0 ~ ~ ::E ell 0 Ul S J: U 0:: C) z 19 N N N 0 o ,.. ~ ,.. < . z ~I~ z ~ . ~ i . . f5 e ~ ~ u . z ~ j , '" -'- DIANE V. CAHILL, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v, : NO. 99-2284 DUANE B. CAHILL, Defendant : IN LAW - DIVORCE PRAECIPE TO WITHDRAW AN APPEARANCE and TO ENTER AN APPEARANCE TO THE PROTHONOTARY: Please enter my appearance as counsel of record for Diane V. Cahill, the above-captioned Plaintiff. Respectfully, Dat~ 30: Ol '()OO e Murphy, Esquire, D #8 S, Market Street, Suite 201 Elizabethtown, PA 17022 (717) 763-5580 TO THE PROTHONOTARY: Please withdraw my appearance as counsel of record for Diane V, Cahill, the above- captioned Plaintiff, Respectfuily, Date:~ '20,. "2ouo wLi? .1QQ ,~_ . William L. Grubb, Esquire 3105 Old Gettysburg Road Camp Hill, PA 17011 (717) 763-5580 >- "" E t" C": .-,. ,..: J(:_ r, ~:f ~)t ...~:: ~)~ r~' . ','. ,., '(..1) .. '. r '}'Z .J:G '-- :'::i I.Ur.u rDo.. ...., "'';': ~ '.:, C) 3 (::') PYS510D Cumberl~nd county prothonotary's office Case Entries 1999-02284 CAHILL DIANE V (vs) CAHILL DUANE B Filed Date: 4/16/1999 Time: 1:00: IN THCa9J~AAl ~:itt'E:A'S I0iVORCE CUMBERLAND COUNTY, p~~Aof 2 - - - - - - - - - - - - - FIRST ENTRY - - - - - - - _ _ _ _ _ _ _ 4/16/99 COMPLAINT - DIVORCE 1 ADDL COlJlllllVl-L 6QtJD:IR1tflL-E IOO-STRIBUTION ------------------------------------------------------------------- 4/16/99 MARRIAGEve0UNSELING AFFIDAvn NOf'LAINTIFF CIV] L 19 ,. 5/07/99 AFFIDAVIT OF SERVICE BY MAIL II' IJ]VOr~CE ------------------------------------------------------------------- t' , 7/05/00 PRAECIPE TO ENTER APPEARANCE FOR DIANE V CAHILL BY JOANNE MURPHY ESQ ------------------------------------------------------------------- I . [,- 7/05/00 PRAECIPE FOR WITHDRAWAL QF'~~~~~~~QE FOR DIANE V CAHILL BY WILLIAM L GRUBB ESQ ------------------------------------------------------------------- 10/28/0~!~\l'IOTION FOR A POINTMENT iOFl'DD/.ORill:: MASTER - JOANNE MURPHY ESQ _ ATTY FOR PLF ------------ ---------------------------------------------------- + ------------------------------------------------------------------- F2=Done F10=Print F1 =cancel F17=TOP F18=Bot 0= -- ," ~ . \ . :: : : :;r: ::i'"I\J{'( 02 GCT 29 I":: IIJ: ~: :~ CU;i" ,.' -)'" '''1'' . ~:: . ''''4,J.\ I Pt:~J,\SYL\:"'~::" '! ~ ! 1~~ ~ ~j .' (';;, IW' ~) !~l ."j ,c;, '<" :1 J" 'r~ ~ } ~.~ ..r. ? >- c:. E= ~ c:: ~ .. Z (., ?4' UJ~_-_: f)-",- l.':;J l;: ~-,.' :J'., 11: .- '1_ . .- c": ..;-: -r';", 0:' '7~ ;:' ~ ' ' :S~ " : N ;..L , t- 'e;:.:: ~'.JLW c.: ~D;.:.l. co ',.. t.! ('..: 5 (.') c.:> U ~, , ~~: , ,.. c> re:; ~ c:: , '. I I.: " .OJ . ~- , .- .. ; ~) -;1 " - ~ .. ; :L, ., c. , ~, .J : .- (~) ", en .. , "J J.;"- 0- f ";.. iilJ c.. .:!('1_ c., .,0: , !. ......J ::J '~. "-' u N N N 0 o ~ ~ ;e z :i . ~ S ~ ~ I ~ :r 0 . Ie . !:: 0 L ~ n:: ~ "" ~~o~ ~ (f) S ~ ~ :r ~ u Ct: C) Z (!) :r I- ~ Ul Z W C) Z ::; ~ DIANE V. CAHILL, : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYL VANIA Plaintiff v, :NO. qq- ZZ,8t.{ DUANE 8, CAHILL, Defendant : IN LAW. DIVORCE AFFIDAVIT OF MARRIAGE COUNSELING Diane V. Cahill, being duly sworn according to law, deposes and says: I. I have been advised of the availability of marriage counseling and understand that I may request that the court require that my spouse and I participate in counseling, 2, I understand that the court maintains a list of marriage counselors in the Office of the Prothonotary, which list is available to me upon request. 3, Being so advised, I do not request that the court require that my spouse and I participate in counseling prior to a divorce decree being handed down by the court. I understand that false statements herein are made subject to the penalties of Pa. C.S, !l4904, relating to unsworn falsification to authorities. Date: 1- 1&'11 ~~G () f!dJ/ CDiandV. Cahill >- "J [; ~ co 7- 1-' :,:)._:r' w8 ~~~ ;{ 0-, ~ --c, 0:: !:t~ ~ ~) 7:J 0" -.>- c5e. \.0 . . ~/) L:~ ..'1:.< wo... n:::z :::dLl_, C~ :Ul.:J LL..:L 0.. !.Uc... I- co: ~'.:: u_ 0' ~;; 0 0' 0 > NOW, THEREFORE, in consideration of premises and the mutual promises, covenants and undertakings hereinafter set forth and for other good and valuable consideration, receipt of which is hereby acknowledged by each of the pal1ies hercto, Husband and Wife, each intending to be legally bound hereby, covenant and agree as follows: 1. AGREEMENT NOT A BAR TO DIVORCE PROCEEDINGS. This Agreement shaH not be considered to affect or bar the right of Husband or Wife to a limited or absolute divorce on lawful grounds if such grounds now exist or shaH hereafter exist, or to such defense as may be available to either party, This Agreement is not intended to condone and shall not be deemed to be a condonation on the part of either party hereto of any act or acts on the part of the other party which have occasioned the disputes or unhappy differences which have occurred prior to or which may occur subsequent to the date hereof. The parties intend to secure a mutual consent, no-fault divorce pursuant to the temlS of Section 3301(c) of the Pennsylvania Divorce Code of 1980, as amended, and further intend to execute any and all documents in order to become divorced. 2. EFFECT OF DIVORCE DECREE. The parties agree that unless otherwise specificaHy provided herein, this Agreement shall continue in full force and effect after such time as a final Decree in Divorce may be entered with respect to the parties. 3. AGREEMENT TO BE INCORPORATED IN DIVORCE DECREE. The parties agree that the terms of this Agreement may be incorporated into, but shaH not merge with, any Decree which may be entered with respect to them in the event either party desires to incorporate this Agreement into said Decree. 4. DATE OF EXECUTION. The "date of execution" or "execution date" ofthis 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 shaH be defined as the date of execution by the party last executing this Agreement. The transfer of property, funds and/or documents provided for herein shaH take place according to the distribution schedule as more fuHy set forth herein and not on the date of execution of this Agreement. 5. SEPARATION. The parties agree that they separated in March 1999 and that it shall be lawful for each party at all times hereafter to live separate and apart from the other party at such place as he or she may from time to time choose or deem fit. The foregoing provisions shaH not be taken as an admission on the part of either party of the lawfulness or unlawfulness of the causes leading to their living apart. 6, INTERFERENCE. Each party shall be free from interference, authority, and contact by the other, as fully as if he or she were single and unmarried except as may be necessary to carry out the provisions of this Agreement. Neither party shall molest the other or attempt to endeavor to molest the other, nor compel the other to cohabit with the other, or in any way harass or malign the other, nor in any way interfere with the peaceful existence, separate and . apart from the other, Each may, for his or her separate lISC or benefit, conduct, carry on and engage in any business, occupation, profession or employmcnt which to him or her may seem advisable. 7. MUTUAL RELEASE. Subjcct to the provisions of this Agreement, each party has rcleased and discharged, and by this Agreement does for himself or herself and his or her heirs, legal representatives, executors, administrators and assigns, release and discharge the other of and from all causes of action, claims, rights, or demands, whatsoever in law or equity, which either of the parties ever had or now has against the other, except any or all cause or causes of action for divorce and except any or all causes of action for breach of any provisions of this Agreement. 8, DIVISION OF PERSONAL PROPERTY. The parties have divided between them, to their mutual satisfaction, the personal effects, household fumiture and fumishings, and all other articles of personal property which either party may still have in his or her possession. Neither party will make any claim to any other such items after division described above, Should it become necessary, the parties each agree to sign any titles or documents necessary to give effect to this paragraph upon request. 9. ADVICE OF COUNSEL, Wife has been represented by JoAnne Murphy, Esquire and Gingrich, Smith, Klingensmith & Dolan and Husband has been represented by Lindsay Dare Baird, Esquire. Both parties fully acknowledge and each agree that each has fully disclosed their respective financial situations to the other, including their assets, liabilities and income. Each ofthe parties acknowledge and agrees that, after having received such information and with such knowledge, this Agreement is fair, reasonable and equitable and that it is being entered into freely, voluntarily and in good faith and that the execution of this Agreement is not the result of any duress, undue influence, coercion, collusion and/or improper or illegal agreement. 10. DEBT, Except as otherwise provided for in this Agreement, Husband and Wife have fully disclosed all debt, consumer or otherwise acquired before the marriage, during the marriage and through the date of execution of this Agreement. Except as otherwise provided for in this Agreement, Husband is responsible for all debts in his individual name and Wife is responsible for all debt in her name, 11. EXISTING AND FUTURE PERSONAL OBLIGATIONS. The parties hereby agree that all existing personal liabilities, debts and obligations of every description which have been incurred by either ofthem shall be paid in a timely fashion. Husband and Wife each hereby indemnify the other and guarantee to hold each other harmless for any and all payments, charges or penalties due on account of any liability which is made the sole responsibility of Husband or Wife. Further, Wife and Husband each covenant, warrant, represent and agree that neither has heretofore contracted for any debt, liability or obligation for which the other or the estate of the other may be responsible or liable except as specifically . '. disclosed and provided for by the terms of this Agrcemcnt. The parties further covenant, warrant, represent and agree that each will now and at times hereafter save harmless and indemnify the other and the estate of the other from all debts, charges and liabilities incurred after the execution date hereof, except as may be otherwise specifically provided herein, as well as from all debts, liabilities or obligations of every kind which have bcen incurred heretofore by either party, including those for necessities, exccpt for obligations arising out of this Agreement. Except as may be otherwise expressly provided herein, the parties agree that all joint credit and/or charge accounts shall be terminated immediately, and that no charges shall be incurred by either party against any joint account from the date of execution hereof. 12, BANK ACCOUNTS. Husband and Wife have made a full and fair disclosure of all accounts and assets containcd therein. The parties agree that they have satisfactorily divided all liquid assets and all forms of intangible personal property except as provided for herein and that each may have various bank accounts, whether checking, savings, or otherwise, in his or her own name and each party agrees to waive any interest he or she may have in the other's such accounts. Any such accounts shall be the sole and separate property of the person in whose name it exists on the date of execution hereof. 13, IRS DEBT. The parties hereby acknowledge that during the tax years in which they filed joint returns a deficiency tax due resulted. The parties further acknowledge that Wife has repaid the entire amount including interest and penalty to the IRS. Said amount repaid by Wife was $9,934.79, Husband hereby agrees to pay to Wife sixty percent (60%) of said amount otherwise started as $5,960.87. Payment terms shall be Six Hundred ($600.00) Dollars within thirty days of execution of this Agreement and monthly thereafter in the amount of Three Hundred Thirty ($330.00) Dollars for a period seventeen (17) months. Said monthly amount includes interest in the amount of prime plus two percent. Said amount to be added to child support and enforced through Domestic Relations and labeled as an upward deviation to current child support order. Husband further agrees that in the event Husband receives a promotion through his employer, Husband shall pay to Wife the remaining balance witkin thin, (Ja~r ./lIJ\ II ) cdff/P6Q,0l) "(Cich ,..,mY~J,J.v 14. SPOUSAL SUPPORT, TEMPORARY ALIMONY, PERMANENT ALIMONY. Husband and Wife hereby waive, release, and forever give up any rights they may have against the other for their own support, maintenance, alimony pendente lite or alimony, From the date of this Agreement it shall be the sole responsibility of Husband to sustain himself and Wife to sustain herself without seeking any support from the other. 15, HEALTH INSURANCE Husband and Wife will be responsible each for their own health insurance and Husband and Wife waive, release and forever give up any rights they may have against the other for the payment of health insurance for the other, Husband and Wife agree that Husband shall provide health insurance for the minor child during Wife's period of unemployment. Upon Wife's employment, the partics agree that coverage shall be with the most reasonable provider. r 16. CUSTODY, Husband and Wife acknowledge they are currently operating under a Custody Order dated May 29, 2001. The May 29, 2001 Order shall continue in effect except that the parties agree that the every other wcek summer rotation schedule shall cease and Father's every other weekend periods of custody shall continue during the child's summer school break. The parties acknowledge that this change is pursuant to the child's best interest and the child's stated desire, 17. BANKRUPTCY OR REORGANIZATION PROCEEDINGS. In the event that either party becomes a debtor in any bankruptcy or financial reorganization proceedings of any kind while any obligations remain to be performed by that party for the benefit of the other party pursuant to the provisions of this Agreement, the debtor spouse hereby waives, releases and relinquishes any right to claim any exemption (whether granted under state or federal law) to any property remaining in the debtor as a defense to any claim made pursuant hereto by the creditor-spouse, and the debtor-spouse hereby assigns, transfers and conveys to the creditor-spouse an interest in all of the debtor's exempt property sufficient to meet all obligations to the creditor-spouse as set forth herein, including all attomeys' fees and costs incurred in the enforcement of this Paragraph or any other provision of this Agreement. No obligation created by this Agreement shall be discharged or dischargeable, regardless of federal or state law to the contrary, and each party waives any and all right to assert that any obligation hereunder is discharged or dischargeable, 18. BREACH. If either party breaches any provision of this Agreement, the other party shall have the right, at his or her election, to sue for damages for such breach or seek such other remedies or relief as may be available to him or her, and the party breaching this contract shall be responsible for payment of legal fees and costs incurred by the other in enforcing their rights under this Agreement. 19. VOID CLAUSES. If any term, condition, clause or provision of this Agreement shall be determined or declared to be void or invalid in law or otherwise, then only that term, condition, clause or provision shall be stricken from this Agreement and in all other respects this Agreement shall be valid and continue in full force, effect and operation. 20, DESCRIPTIVE HEADINGS. The descriptive headings used herein are for convenience only. They shall have no effect whatsoever in determining the rights or obligations of the parties, 21. INDEPENDENT SEPARATE COVENANTS. It is specifically understood and agreed by and between the parties hereto that each paragraph hereof shall be deemed to be a separate and independent covenant and agreement. . ~. . COMMONWEALTH OF PENNSYLVANIA SS: COUNTY OF LANCASTER On this, the d. ISf day of r1utltlSt oJ , 2003, before me, a Notary Public, the undersigned officer, personally appeared Diane V. Cahill, known to me, (or satisfactorily proven) to be the person whose name is subscribed to the within Agreement, and acknowledged that they executed the same for the purposes therein contained. IN WITNESS WHEREOF, I have hereunto set my hand and notarial seal. My Commission Expires: Yfnt it,< l:fM.nuut Notary Public - Notarial Seal Kim L. Garman, NOIaly Public City of Lancaster, Lancaster County My Commission Expires June 20. 2005 COMMONWEALTH OF PENNSYLVANIA SS: COUNTY OF CUMBERLAND On this, the ~day of .k~lIl0t1 ,2003, before me, a Notary Public, the undersigned officer, personally appeared Duane B, Cahill, known to me, (or satisfactorily proven) to be the person whose name is subscribed to the within Agreement, and acknowledged that they executed the same for the purposes therein contained. IN WITNESS WHEREOF, I have hereunto set my hand and notarial seal. My Commission Expires: l"cl-- C-...--. '~('Ii1n:'l' St"HI .,n,j".-iY I: ' "I 'JoraryPublic ,~r., ~,.: l"lJP.r1and County 1\11\0' '. (,;J;j)ltEtS Oct. 21. 2006 . .- MrA', .... 'l;",,:t/I",':I'ltaAssociationOl'Notarfes >-- '" j::: I~':: c.: ..~. 7- .. ;~l~ w(.~'; -- - '. z ;~(.~ :..)., cO_ ...:0: "'" 'L (,~-:J (~:'F '-"- .", <:'J> ,-. , ., ..~. , .~ ,'- .~ ~l.. . .... .l.",U , '.1,:1- C..l ...:: U4 (., ::> C) ,-::1 (J ~ . DIANE V, CAHILL, Plaintiff THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO, 99 - 2284 CIVIL vs, DUANE B, CAHILL, Defendant IN DIVORCE ORDER OF COURT AND NOW, this fJ'{)l day of rJch ~ 2003, the economic claims raised in the proceedings having been resolved in accordance with a postnupitial agreement dated September 18, 2003, 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, cc: v6'oanne Murphy Attorney for Plaintiff ~indsay Dare Baird Attorney for Defendant 7~ ~~ JO-Oq -03 NOW, THEREFORE, in considcration ofpremiscs and the mutual promiscs, covenants and undertakings hereinaftcr set forth and for olher good and valuable consideration, receipt of which is hereby acknowledgcd by cach of thc parties hcrcto, Husband and Wifc, each intending 10 be legally bound hereby, covcnant and agree as follows: 1. AGREEMENT NOT A BAR TO DIVORCE PROCEEDINGS. This Agreement shall not be considered to affect or bar thc right of Husband or Wife to a limited or absolute divorce on lawful grounds if such grounds now exist or shall hereafter exist, or to such defense as may be available to either party. This Agreemcnt is not intended to condone and shall not be deemed to be a condonation on the part of either party hereto of any act or acts on the part of the other party which have occasioned the disputes or unhappy differences which have occurred prior to or which may occur subsequcnt to the date hereof. The parties intend to secure a mutual consent, no.fault divorce pursuant to the lerms of Section 3301(c) of the Pennsylvania Divorce Code of 1980, as amended, and further intend to execute any and all documents in order to become divorced. 2. EFFECT OF DIVORCE DECREE. The parties agree that unless otherwise specifically provided herein, this Agreement shall continue in full force and effect after such time as a final Decree in Divorce may be entered with respect to the parties. 3. AGREEMENT TO BE INCORPORATED IN DIVORCE DECREE. The parties agree that the terms of this Agreement may be incorporated into, but shall not merge with, any Decree which may be entered with respect to them in the event either party desires to incorporate this Agreement into said Decree. 4, DATE OF EXECUTION. The "date of execution" or "execution date" of this Agreement shall be defined as the elate upon which it is executed by the parties ifthey 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. The transfer of property, funds and/or documents provided for herein shall take place according to the distribution schedule as more fully set forth herein and not on the date of execution ofthis Agreement. s. SEPARATION. The parties agree thai they separated in March 1999 and that it shall be lawful for each party at ati times hereafter to live separate and apart from the other party at such place as he or she may from time to time choose or deem fit. The foregoing provisions shall not be taken as an admission on the part of either party of the lawfulness or unlawfulness of the causes leading to their living apart. 6. INTERFERENCE. Each party shall be free from interference, authority, and contact by the other, as fully as if he or she were single and unmarried except as may be necessary to carry out the provisions of this Agreement. Neither party shall molest the other or attempt to endeavor to molest the other, nor compel the other to cohabit with the other, or in any way harass or malign the other, nor in any way interfere with the peaceful existence, separate and -".-""-'..:. apart from the other. Each may, for his or her scparate usc or benefil, conduct, carry on and engage in any busincss, occupation, profession or employment which to him or her may seem advisable. 7, MUTUAL RELEASE, Subject to the provisions of this Agreement, each party has released and discharged, and by this Agreement does for himself or herself and his or her heirs, legal representatives, executors, administrators and assigns, release and discharge the other of and from all causes of action, claims, rights, or demands, whatsoever in law or equity, which either of the parties ever had or now has against the other, except any or all cause or causes of action for divorce and except any or all causes of action for breach of any provisions of this Agreement. 8, DIVISION OF PERSONAL PROPERTY. Thc partics havc dividcd between them, to their mutual satisfaction, the personal effects, household fumiture and furnishings, and all other articles of personal property which either party may still have in his or her possession. Neither party will make any claim to any other such items after division described above. Should it become neccssary, the parties each agree to sign any titles or documents necessary to give effect to this paragraph upon request. 9, ADVICE OF COUNSEL, Wife has been represcnted by JoAnne Murphy, Esquire and Gingrich, Smith, Klingensmith & Dolan and Husband has been represented by Lindsay Dare Baird, Esquire. Both parties fuUy acknow ledge and each agree that each has fully disclosed their respective financial situations to the other, inclUding their assets, liabilities and income. Each of the parties acknowledge and agrees that, after having received such information and with such knowledge, this Agreement is fair, reasonable and equitable and that it is being entered into freely, voluntarily and in good faith and that the execution of this Agreement is not the result of allY duress, undue influcncc, cocrcion, collusion and/or improper or illegal agreement. 10, DEBT. Except as otherwise provided for in this Agreement, Husband and Wife have fully disclosed all debt, consumer or otherwise acquired before the marriage, during the marriage and through the date of execution of this Agreement. Except as otherwise provided for in this Agreement, Husband is responsible for all debts in his individual name and Wife is responsible for aU debt in her name, 11. EXISTING AND FUTURE PERSONAL OBLIGATIONS. The parties hereby agree that all existing personal liabilities, debts and obligations of every description which have been incurred by either of them shall be paid in a timely fashion. Husband and Wife each hereby indemnify the other and guarantee to hold each other harmless for any and all payments, charges or penalties due on account of any liability which is made the sole responsibility of Husband or Wife. Furthcr, Wife and Husband each covenant, warrant, represent and agree that neither has heretofore contracted for any debt, liability or obligation for which the other or the estate of the other may be responsible or liable except as specifically disclosed and provided for by the terms of this Agreement. The parties further covenant, warrant, represent and ugrce that each will now and al times hereafter save harnlless and indemnify Ihe other und the cst ate of thc othcr from all debts, chargcs und liabilities incurred after the cxecution date hereof, except liS may be otherwisc specifically provided herein, as well liS from all dcbts, liabilities or obligations of every kind which have been incurred heretofore by either party, including those for necessities, except for obligations arising out of this Agreement. Except as may be otherwise expressly provided herein, the partics agree that all joint credit andlor charge accounts shall be tenllinatcd immediately, and that no charges shall be incurred by either party against any joint account from thc date of execution hereof. 12, BANK ACCOUNTS. Husblllld and Wife have mad~ a full and fair disclosure of all accounts and assets contained therein, The parties agree that they have satisfactorily divided all liquid ussets and all forms of intangible personal property except as provided for herein and that each may have various bank accounts, whether checking, savings, or otherwise, in his or her own name and each party agrees to waive any interest he or she may have in the other's such accounts. Any such accounts shall be the sole and separate property of the person in whose name it exists on the date of execution hereof. 13. IRS DEBT. The parties hereby acknowledge that during the tax years in which they filed joint returns a deficiency tax due resulted. The parties further acknowledge that Wife hus repaid the entire amount including interest and penalty to the IRS. Said amount repaid by Wife was $9,934.79. Husband hereby agrees to pay to Wife sixty percent (60%) of said amount otherwise started as $5,960.87. Payment temls shall be Six Hundred ($600.00) Dollars within thirty days of execution of this Agreement and monthly thereafter in the amount of Three Hundred Thirty ($330.00) Dollars for a period seventeen (17) months. Said monthly amount includes interest in the amount of prime plus two percent. Said amount to be added to child support and enforced through Domestic Relations and labeled as an upward deviation to current child support order, Husband further agrees that in the event Husband receives a promotion (V through his employer, Husband shall pay to Wife the remaining bala!1ce wilhin-thirty-~O).dllJ&~ ) (ct U/~OtP."o ..('t.U.1-1 /'Y'1t.'YlY'cI. ~ 14. SPOUSAL SUPPORT, TEMPORARY ALIMONY, PERMANENT ALIMONY. Husband and Wife hereby waive, release, and forever give up any rights they may have against the other for their own support, maintenance, alimony pendente lite or alimony. From the date of this Agreement it shall be the sole responsibility of Husband to sustain himself and Wife to sllstain herself without seeking any support from the other. 15, HEALTH INSURANCE Husband and Wife will be responsible each for their own health insurance and Husband and Wife waive, release and forever give up any rights they may have against the other for the payment of health insurance for the other. Husband and Wife agree that Husband shall provide health insllrance for the minor child during Wife's period of unemployment. Upon Wife's employment, the parties agree that coverage shall be with the most reasonable provider. 16. CUSTODY. Husband amI Wifc acknowledge they are currcntly operating under a Custody Order dated May 29, 200 I. The May 29, 200 I Ordcr shall continue in effect except thallhc parties agrce that the every other week summer rotation schedule shall cease and Father's every other weekend periods of custody shall continue during the child's summer school break. The parties acknowledge that this change is pursuant to the child's best interest and the child's stated desire, 17. BANKRUPTCY OR REORGANIZATION PROCEEDINGS. In the event that either party becomes a debtor in any bankruptcy or financial reorganization proceedings of any kind while any obligations remain to be performed by that party for the benefit of the other party pursnant to the provisions of this Agreement, the debtor spouse hereby waives, releases and relinquishes any right to claim any exemption (whether granted under state or federal law) to any property remaining in the debtor as a defense to any claim made pursuant hereto by the creditor-spouse, and the debtor-spouse hereby assigns, transfers and conveys to the creditor-spouse an interest in all of the debtor's exempt property sufficient to meet all obligations to the creditor-spouse as set forth herein, including all attorneys' fees and costs incurred in the enforcement of this Paragraph or any other provision of this Agreement. No obligation created by this Agreement shall be discharged or dischargeable, regardless of federal or state law to the contrary, and each party waives any and all right to assert that any obligation hereunder is discharged or dischargeable. 18. BREACH. If either party brcaches any provision of this Agreement, the other party shall have the right, at his or her election, to sue for damages for such breach or seek such other remedies or relief as may be available to him or her, and the party breaching this contract shall be responsible for payment of legal fees and costs incurred by the other in enforcing their rights under this Agreement. 19. VOID CLAUSES. If any teml, condition, clause or provision of this Agreement shall be determined or declared to be void or invalid in law or otherwise, then only that term, condition, clause or provision shall be stricken from this Agreement and in all other respects this Agreement shall be valid and continue in full force, effect and operation. 20. DESCRIPTIVE HEADINGS. The descriptive headings used herein are for convenience only. They shall have no effect whatsoever in determining the rights or obligations of the parties. 21. INDEPENDENT SEPARATE COVENANTS, It is specifically understood and agreed by and between the parties hereto that each paragraph hereof shall be deemed to be a separate and independent covenant and agreement.