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HomeMy WebLinkAbout99-04372 0 IN s• AX ."IF. THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY tt STATE OF t&? PENNA. -,tip. ,..,. Kenneth w. Mansfield, Plaintiff N10... >27..N37a ................. 19 Vorau Diane Renee Mansfield, Defendant i DECREE IN D/ VORCE 3%SS?/?I, AND NOW,. ...... . ... t: . ,'?'?. , it is ordered and decreed that ............Kenneth W. Mansfield ................. . plaintiff, o and ..................... Diane, Renee. Mansfield............... , defendant, are divorced from the bonds of matrimony. o 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 i• been entered; ';i"tn.?zoPerty. Settlement. Asreement. iS. zncorporat ed. but. not. merged into. -the, Decree .................................. i? i? By T r A y xw: r,• W. W.- :c• a: <is - : ? :r• :?, c+i. ;c?:• cam. <?:• c?: t?: :r.• ;r.• :?; i /" Prothonotary lA .6..tei:e:• •:ei i6• •S:• N:• •;? i a ,a v ze C! et, qua ,aol ?' -ems ?,al -ee y??AZ4-?Ze z4 zwee" KENNETH W. MANSFIELD, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY PENNSYLVANIA V. : CIVIL DIVISION - LAW DIANE RENEE MANSFIELD, :99- 4372 CIVIL TERM Defendant 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 Section 3301(c) of the Divorce Code. 2. Date and manner of service of the Complaint: Certified, Return Receipt Requested - July 20, 1999. 3. Date of execution of the Affidavit of Consent required by Section 3301(c) of the Divorce Code: By Plaintiff: 6/19/00; by Defendant: 6/8/00 4. Related claims pending: None 5. Date Plaintiffs Waiver of Notice in §3301(c) Divorce was filed with theProthonotary: 6/19/00. Date Defendant's Waiver of Notice in §3301(c) Divorce was filed with the Prothonotary: 6/19/00. ZinndsayDare rd, Es uire Attorney for the Plaintiff ' Y (': C ? (- ?il ?! '?? ? -._. .) ? ?) :.! ?fl r' ?_' r_: U KENNETH W. MANSFIELD, Plaintiff V. DIANE RENEE MANSFIELD, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA NO. 99- 4!37a CIVIL TERM IN DIVORCE NOTICE TO DEFEND AND CLAIM RIGHTS You have been sued in Court. If you wish to defend against the claims set forth in the following pages, you must take prompt action. You are warned that if you fail to do so, the case may proceed without you and a decree of divorce or annulment may be entered against you by the Court. A judgment may also be entered against you for any other claim or relief requested in these papers by the Plaintiff. You may lose money or property or other rights important to you, including custody or visitation of your children. When the grounds for divorce is indignities or irretrievable breakdown of the marriage, you may request marriage counseling. A list of marriage counselors is available in the Prothonotary's Office at the Cumberland County Courthouse, Carlisle, Pennsylvania. IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY, LAWYER'S FEES OR EXPENSES, BEFORE A DIVORCE OR ANNULMENT IS GRANTED, YOU MAY LOSE THE RIGHT TO CLAIM ANY OF THEM. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE, PENNSYLVANIA 17013 TELEPHONE: (717) 249-3166 KENNETH W. MANSFIELD, Plaintiff V. DIANE RENEE MANSFIELD, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA NO. 99- CIVIL TERM : IN DIVORCE COMPLAINT UNDER SECTION 3301(C) OR (D) OF THE DIVORCE CODE Plaintiff, Kenneth W. Mansfield, by his attorney, Lindsay D. Baird, Esquire, sets forth the following: Plaintiff, Kenneth W. Mansfield, is an adult individual residing at 921 Forest Court, Carlisle, Cumberland County, Pennsylvania 17013. 2 Defendant, Diane Renee Mansfield, is an adult individual residing at 308 South Spring Garden Street, Carlisle, Cumberland County, Pennsylvania 17013. 3 The parties were married on January 2, 1988 in San Diego, California. 4 Plaintiff and Defendant have lived continuously in the Commonwealth of Pennsylvania for at least six months prior to the commencement of this action. 5 This action is not collusive. 6 There have been no prior actions for divorce or annulment in this or any other jurisdiction within the knowledge of the Plaintiff. In accordance with Section 3301(c) of the Divorce Code, the marriage between the parties is irretrievably broken. 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. WHEREFORE, the Plaintiff requests your Honorable Court to decree that the Plaintiff be divorced from the Defendant. nd u c.? ,Lindsay D. Bair & Esquire Attorney for the Plaintiff 37 S. Hanover Street Carlisle, PA 17013 717 - 243-5732 I verify that the statements in the foregoing pleading are true and correct. I understand that false statements herein are made subject to the penalties of 18 PaCS 4904 relating to unworn falsification to authorities. I/A W, 4S Kenneth W. Mansfi 'Id, Plaintiff !" ? ? ? i ?? y ?? _ .. „_ ,_, S ? ?_;? _ ?, (mil C1 U KENNETH W. MANSFIELD, Plaintiff V. DIANE RENEE MANSFIELD, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA NO. 99.4372 CIVIL TERM IN DIVORCE AFFIDAVIT OF CONSENT, ACCEPTANCE OF SERVICE AND WAIVER OF NOTICE OF DECREE INTENTION TO REQUEST ENTRY OF DIVORCE UNDER SECTION 3301(C) OF THE DIVORCE CODE I. A Divorce Codemwaslfiled ondivorce under 19, 1 Section 3301 (C) of the Y 1999. 2. Defendant acknowledged receipt and accepted service of the Complaint on July 20, 1999. 3. The marriage of the Plaintiff and Defendant is irretrievably broken and ninety days have elapsed from the date of the filing of the Complaint. 4. I consent to the entry of a final decree in divorce without notice. S. 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. 6. 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. 7. I have been advised of the availability of marriage counseling and understand that I may request that the Court require counseling. I do not request that the Court require counseling. 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. Section 4904 relating to unsworn falsification to authorities. Date: -6z/1/01) Kenneth w. Mansfie 17, ? i l_ 1-.1 " Y t:[L -? s\1 KENNETH W. MANSFIELD, Plaintiff V. DIANE RENEE MANSFIELD, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA NO. 99-4372 CIVIL TERM IN DIVORCE AFFIDAVIT OF CONSENT, ACCEPTANCE OF SERVICE AND WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF DIVORCE DECREE UNDER SECTION 3301(C) OF THE DIVORCE CODE 1. A complaint in divorce under Section 3301(C) of the Divorce Code was filed on July 19, 1999. 2. Defendant acknowledged receipt and accepted service of the Complaint on July 20, 1999. 3. The marriage of the Plaintiff and Defendant is irretrievably broken and ninety days have elapsed from the date of the filing of the Complaint. 4. I consent to the entry of a final decree in divorce without notice. 5. I understand that I may lose rights concerning alimony, division of property, lawyers fees or expenses if I do not claim them before a divorce is granted. 6. 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. 7. I have been advised of the availability of marriage counseling and understand that I may request that the Court require counseling. I do not request that the Court require counseling. 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. Section 4 904 relating to unsworn falsification to authorities. Date: ?C 4 OlJ ??? 4 wtu _??Y Diane Renee Mansfield ,,, ?;. -?1 'r- J J •:.) '-tL ?? J KENNETH W. MANSFIELD, IN THE COURT OF COMMON PLEAS OF Plaintiff' CUMBERLAND COUNTY PENNSYLVANIA V. NO. 99- 4372 CIVIL TERM DIANE RENEE MANSFIELD, IN DIVORCE Defendant AFFIDAVIT OF SERVICE I, Lindsay Dare Baird, Esquire, being duly sworn according to law do depose and state that a copy of the Complaint filed in the above-captioned matter along with a copy of a Notice to Plead and a Notice of Availability of Marriage Counseling was served on the Defendant, Diane Renee Mansfield, by Certified Mail - Return Receipt Requested, restricted delivery, a copy of said return receipt evidencing delivery being attached hereto. Said service on July 20, 1999. itQ?JLL2L: indsay D. Bai? , Esquire Attorney for Plaintiff 37 South Hanover Street Carlisle, PA 17013 717-243-5732 Sworn and Subscribed to before me this 19th day of June, 2000. LA_ WAA& Notary Public Notarial Seal Niven J. Baird, Notary Public Carlisle Boro, Cumberland County I 1 My Commission Expires Nov. 2, 2002 . 1r " uar-CyN8nl8 ASSOC181bn of N018r1e5 9FIDE z eta Iterro 1 and/or 2 for additional nI yw •. Mama3,ea, 4b D I also wish t0 receive the . f 1"TE Rdm your name end 11 d d, % 0 ov n edme an the ow9 services (bran card toyou. um INS extra fee): • r brm ppMaa ech Ihii to the horn of IM mNlpa Addressee's Address •Vtd s' 1 4 }t uy,? Refum Repipt grqueatad•on the menpiea b*, the snide numhec ?9Rrlu •Tha Relum Receipt will Mow to whom the adlole 11e delivered and the dale 2„1? Restricted Delivery Consult pos6nester for fee. Article Addressed to: 4a. Artlcle Number Diane Renee Mr?r elC? ;E? 0/3 cc /??V, S• /' 4b. Service Type %IJ? S?)•?t t C? ? Registered Cart led r JI »>??f ? Ex ress M il E I ty{ p a ? Insu ed ? ??? 3 Return Recei t for M h f p erc endBe 17 CO .? 7, Date of livery _ f 5 . eived By: (Print Name) - _ 9. Atldreasee's Address (Only /requested a°. 'e and /ea is peed) re: (A?o'ressBe or ARnt) ))?? `. ?t TVV (? PS F01,11-01 1, December 1994 Domestic Return Receipt L CL C? i ?? ;. I i ,? KENNETH W. MANSFIELD, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : No. 99- 1/3722 CIVIL TERM 131ANE RENEE MANSFIELD, : Defendant : IN CUSTODY ORDER OF COURT AND NOW, %r/1 /q1 1999, upon consideration of the attached petition, it is hereby directed that the parties and their respective counsel appear before V6-_)Qkx1 L? 1c? t ?yj the conciliator, at_ 1 (U\ Il ??.?_?crkYY??<ti4: ?rq (9J? no the _?k day of 1999, at C?(? p fn., for a P -Hearing Custody Conference. At such confe nce, an effort will be made to resolve the issues in dispute; or if this cannot be accomplished, to define and narrow the issues to be heard by the court, and to enter into a temporary order. All children age five or older may also be present at the conference. Failure to appear at the conference may provide grounds for entry of a temporary or permanent order. FOR THE COURT, By:SLsI l.. rnrbI,. Custody Conciliator U i li The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilities Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the court, please contact our office. All arrangements must be made at least 72 hours prior to any hearing or business before the court. You must attend the scheduled conference or hearing. 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 TELEPHONE: (717) 245-3166 ca Diane Mansfield Lindsay Baird, Esquire Conciliator J ??N b J 2 c., f'd 3 a ? KENNETH W. MANSFIELD, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA, V. : No. 99- CIVIL TERM DIANE RENEE MANSFIELD, : Defendant : IN CUSTODY COMPLAINT FOR CUSTODY 1. The plaintiff is Kenneth W. Mansfield, residing at 921 Forest Court, Carlisle, Cumberland County, Pennsylvania. 2. The defendant is Diane Renee Mansfield, residing at 308 South Spring Garden Street, Carlisle, Cumberland County, Pennsylvania. 3. Plaintiff seeks periods of partial custody of the following child: Name Present Residence Afe Christopher Mansfield 308 South Spring Garden, Carlisle, PA 10 The child was not born out of wedlock. The child is presently in the custody of mother who resides at 308 South Spring Garden, Carlisle, PA. During the past five years, the child has resided with the following persons and at the following addresses: Person Address Dates Diane Renee Mansfield 308 S. Spring Garden, Carlisle November 1, 1998-Present Kenneth and Diane Mansfield Same as above 1994- November 1, 1998 The mother of the child is Diane Renee Mansfield, currently residing at 308 S. Spring Garden, Carlisle, PA. She is married. The father of the child is Kenneth W. Mansfield, currently residing at 921 Forest Court, Carlisle, PA. He is married. 4. The relationship of plaintiff to the child is that of father. The plaintiff currently resides with the following persons: Name Relationship None S. The relationship of defendant to the child is that of mother. The defendant currently resides with the following persons: Name Relationship Christopher Mansfield Son 6. Plaintiff has not participated as a party or witness, or in another capacity, in other litigation concerning the custody of the child in this or another court. Plaintiff has no information of a custody proceeding concerning the child pending in a court of this Commonwealth. Plaintiff does not know of a person not a party to the proceedings who has physical custody of the child or claims to have custody or visitation rights with respect to the child. 7. The best interest and permanent welfare of the child will be served by granting the relief requested because the child will enjoy and benefit from partial custody by the Plaintiff. 8. Each parent whose parental rights to the child have not been terminated and the person who has physical custody of the child have been named as parties to this action. All other persons, named below, who are known to have or claim a right to custody or visitation of the child will be given notice of the pendency of this action and the right to intervene: Name Address Basis of Claim NONE Wherefore, plaintiff requests the court to grant plaintiff periods of partial custody of the child. Li'n'dsay Dare B d, Esquire `47 South Hanover Carlisle, PA 17013 Attorney for Plaintiff I verify that to best of my knowledge and belief, the statements made in this Complaint are true and correct. I understand that false statements herein are made subject to the penalties of IS Pa.C.S.§4904 relating to unsworn falsification to authorities. Kenneth W. MansfiId, Plaintiff ?;: u, _7 r ? ;_ :?_ _: .. - '? =r Lb ;`< ?= <,_ ? ? ?7,; __ ? ?' ? M n ?: iue a, ?? r ? ,?'(` v c? ?' -7 U V SEP - 7 1WcL\ KENNETH W. MANSFIELD, Plaintiff VS. DIANE RENEE MANSFIELD, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW : NO. 99-4372 IN CUSTODY ORDER OF COURT AND NOW, this 31st day of August, 1999, the Conciliator, being advised by Plaintiff's counsel that all custody issues have been resolved by agreement of the parties, hereby relinquishes jurisdiction in this case. The Custody Conciliation Conference scheduled for August 31, 1999 is canceled. FOR THE COURT, Dawn S. Sunday, Esquire Custody Conciliator ?•, _. ,, ?- i_ I .?? I l._ ? ?... ?: ? V -g;, ,` ?. _ ., __ KENNETH W. MANSFIELD, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : No, 99- 4372 CIVIL TERM DIANE RENEE MANSFIELD, : Defendant : IN CUSTODY ORDER OF COURT 1 - AND NOW, this y day of 99, upon consideration of the attached custody stipulation with respect to the parties' child,Christopher Mansfield, born May 24, 1989, the terms of the stipulation are entered as an order of court. BY THE COURT, J. Lindsay Dare Baird, Esq. 37 South Hanover Street Carlisle, PA 17013 Attorney for Plaintiff C,? cf/r -/qN. Michael A. Scherer, Esq. 17 West South Street Carlisle, PA 17013 Attorney for Defendant -•, ,;:? 4'... ?i • KENNETH W. MANSFIELD, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : No. 99.4372 CIVIL TERM DIANE RENEE MANSFIELD, : Defendant : IN CUSTODY STIPULATION FOR CUSTODY STIPULATION made this 03 day of S e Lee, 1999, between Kenneth W. Mansfield, hereinafter referred to as Father and Diane Renee Mansfield, hereinafter referred to as Mother. WHEREAS, the above-named Mother and Father had born to them the following child on the following date: NAME BIRTH DATE Christopher Mansfield May 24, 1989 AND WHEREAS, the above-named Mother and Father desire to enter into a Stipulation as to the custody of the above-said child and to the partial custody rights of the non-custodial parent: NOW, THEREFORE, in order to effectuate the above purpose, the above-named Mother and Father hereby stipulate that: 1. The Father and Mother shall share legal custody of the child. 2. The Mother shall have primary physical custody of the child. 3. The Father shall have periods of partial custody every other weekend (Friday evening until Sunday morning), Father's Day, one full week each summer, and one/half of the child's birthday and Thanksgiving. 4. The Mother will have custody of the child on Mother's Day. 5. The Father and Mother will alternate Christmas Eve and Christmas Day, Easter Day, Memorial Day, July 4th, Labor Day, and Halloween each year. 6. The parties agree to be flexible regarding these times. TO THIS PURPOSE, The parties hereto intend to be legally bound by the terms of this Stipulation and desire to have the Stipulation entered as an Order of Court. Witness: < .Llta indsay D Baird, Esquire w14 . i / / Michael A. Scherer 11VV J4 L.j. 42 c Kenneth W. Mansfield, ather %i Diane Renee Mansfield, Mother : C) r ?- C\ i' `i t': ii i (a •: (_1'-- - _ - ' ' . LI I:. 4 ._ L.: l.J ?. -? THIS IS AN AGREEMENT made this, d ly of 2000, by and between Kenneth W. Mansfield, of 921 Forest Court, Carlisle, Cumber,nd? d County, Pennsylvania, (hereinafter referred to as Husband) and Diane Renee Mansfield, of 308 S. Spring Garden Street, Carlisle, Cumberland County, Pennsylvania, (hereinafter referred to as Wife). WHEREAS, Husband and Wife were married on.lanuary 2, 1988, in San Diego, California; and WHEREAS, various differences have arisen between Husband and Wife, whereby they have been living separate and apart since November I, 1998; and WHEREAS, the parties have agreed to maintain separate and permanent domiciles and to live apart from each other: and WHEREAS, the parties desire to enter into an amicable settlement to provide for all of the property rights of the parties and to dispose of the rights and obligations of each to the other in respect to support, maintenance, alimony, counsel fees, equitable distribution, and all other rights and obligations under the Divorce Code of 1980, as amended, and it is the intention and agreement of the parties that this Agreement be a full, complete and final settlement of all of those rights and obligations under said Divorce Code; and NOW, THEREFORE, ror and in exchange of mutual considerations, and intending to be bound by the provisions hereof, the parties agree that their recitals form a part of this Agreement and waive any right to counseling under the Divorce Code of 1980, as amended, and right to counsel fees, costs, alimony, support, maintenance, and any other rights under the said Divorce Code not provided for herein and agree as follows: I. SEPARATION. The parties agree that it shall be lawful for each party, at all times hereafter, to live separate and apart from the other, at such place or places as he or she may, from time-to-time, choose or deem tit. Each party shall be fi-ee from interference, authority or 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 and as may be necessary to exchange information that pertains to the parties' minor child. 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. 2. REAL ESTATE. Husband and Wife jointly own the marital residence located at 308 S. Spring Garden Street, Carlisle, Pennsylvania.'rhe marital residence presently has an outstanding mortgage. Husband shall be responsible for the monthly mortgage payment until the parties' minor child turns eighteen, wife remarries or cohabitates and/or wife exercises her option to refinance or sell the property. Husband shall deed any rights, title and interest he has in the marital residence to wife at such time as wife refinances. ["tile event wife refinances or sells the marital residence, Husband waives any right to equity or proceeds and will receive no payment from wife. 3. AUTOMOBILES. Husband shall have as his sole and exclusive property, title to and possession of the 1989 Ford truck. Wife shall have as her sole and exclusive property, title to and possession of the 1991 Saturn. Each party shall indemnify and hold the other harmless from and liability on any loan encumbering the vehicle, cost of repairs, maintenance, registration, insurance and/or inspection of the vehicle which each is taking as his/her sole and exclusive property. 4. PERSONAL PROPERTY. The parties have divided or have agreed to a division of their personal property which includes bank accounts, certificates of deposit, life insurance policies, jewelry, clothing, furniture and other personal items. A fter the aforesaid division of the personal property is complete, any and all property in the possession of Husband shall be his sole and separate property. Any and all property in the possession of Wife shall be her sole and separate property. Each party forever renounces whatever claims he/she may have with respect to the property which the other is taking. Each party understands that he/she has no right or claim to any property acquired by the other after the signing of this Agreement. 5. PENSION/RETIREMENT PLANS. The parties' IRA has been divided equally between the parties, less 25% to cover withdrawal penalty and income tax payment. Wife hereby releases any and all claims or demands she may have on Husband's pension or retirement plans. Husband hereby releases any and all claims or demands he may have on Wife's pension or retirement plans. 6. DEBTS. The parties represent and warrant to each other that neither has incurred any other debts nor made any other contracts for which the other or his/her estate may he liable, from date of separation forward. Neither party shall contract nor incur any debt or liability for which the other or his/her property or estate might be responsible and agrees to indenmify the other from any claims made against the other because of debts/obligations not incurred by the other. 7. ALIMONY, ALIMONY PENDENTE LITE, SUPPORT OF SPOUSE. Husband shall pay wife $100.00 alimony each month for ten years from the date of signing this Agreement or until wife remarries or cohabitates. The alimony payable under this provision, may at the election of the Wife, be payable and enforceable through the Cumberland County Domestic Relations Office or any other Domestic Relations Office where Husband or Wife resides. Wite may obtain Order of Court upon petition directing the Domestic Relations Office to begin to collect and enforce this alimony provision at any lime. 8. CHILD SUPPORT. Wife waives the right to receive child support for so long as Husband continues to pay the marital residence mortgage payment. Should any event occur which concludes Husband's mortgage payment obligation, child support will be calculated in keeping with the parties' financial situation at that time. 9. EFFECTIVE DATE. The effective date of this Agreement shall be the date of execution by the parties if they had each executed the Agreement on the same date. Otherwise, the execution date of this Agreement shall be defined as the date of execution by the party last executing this Agreement. 10. DIVORCE. 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, was filed with the Prothonotary of Cumberland County on July 19, 1999. Both parties agree to execute any and all affidavits or other documents necessary for the parties to obtain an absolute divorce pursuant to Sections 3301(c) of the Divorce Code including waiver of all rights to request Court ordered counseling. 11. INCORPORATION INTO DECREE. 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 and revision thereof shall alter, amend or vary any term of this Agreement, whether or not either or both of the parties shall remarry, it being understood by and between the parties hereto that this Agreement shall survive and shall not be merged into any decree, judgment, or order of divorce or separation. It is specifically agreed, however, that a copy of this Agreement or the substance of the provisions thereof, may be incorporated by reference into any divorce, judgment or its decree. This incorporation, however, shall not be regarded as a merger, it being the specific intent of the parties to permit this Agreement to survive anyjudgment and to be forever binding and conclusive upon the parties. 12. MUTUAL RELEASE. Husband and Wife do hereby mutually remise, release, quit claim or forever discharge the other and the estate Of such other, fix all time to conic, and for all purposes whatsoever, from any and all rights, title and interest, or claims in or against the estate of such other, of whatever nature and wherever situate, which he or she now has or at anytime 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 curtest' of claims in the nature of dower or curtesy, or 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 or other rights of the surviving spouse to participate in it deceased spouse's estate, whether arising under the laws of Pennsylvania, any state, commonwealth or territory of the United Slates, or any other country or any right which either party may now have or at anytime hereafter have for past, present or future support or maintenance, alimony, alimony pendenle lite, counsel Ices, costs or expenses, whether arising as a result of the 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 provision thereof. It is the intention of Husband and Wife to give to each other by the execution oflhis Agreement a fill[, complete and general release with respect to any and all property of any kind or nature, real, personal or mixed, which the other now owns or may hereafter acquire, 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 provision thereof. 13. COUNSEL FEES. Each party individually covenants and agrees that he or she will individually assume the full and sole responsibility for legal expenses for his or her attorney and court costs in connection with any divorce action which may be brought by either party and shall make no claim against the other for such costs or fees. 14. ADDITIONAL INSTRUMENTS. Each of the parties shall, from time-to-time, at the request of the other, execute, acknowledge and deliver to the other party any and all further instruments or documents that may be reasonable required to give full force and effect to the provisions of this Agreement. 15. MODIFICATION OR WAIVER. A modification or waiver of any of the provisions of this Agreement shall be effective only if made in writing and executed with the same formality as this Agreement. The failure of either party to insist upon the strict performance of any of the provisions of this Agreement shall not be construed as a waiver ofany subsequent default of the same or similar nature. 16. ENTIRE AGREEMENT. This Agreement contains the entire understanding of the parties and there are no representations, warranties, covenants or undertakings other than those expressly set forth herein. 17. SEPARATE PARAGRAPI IS. It is specifically understood and agreed by and between the parties thereto that each paragraph hereof shall be deemed to he it separate and independent agreement. 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 Agreement shall be responsible for payment of legal fees and costs incurred by the other in enforcing the rights under this Agreement, or in seeking such other remedies or relief as may be available to him or her. 19. CONTROLLING LAW. This Agreement shall be construed under the laws of the Commonwealth of Pennsylvania. 20. INVALIDITY OF PROVISIONS. If any term, condition, clause or provision of this Agreement shall be determined or declared to he 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. 21. BINDING NATURE. Except as otherwise set firth herein, this Agreement shall be binding and shall inure to the benefit of the parties hereto and their respective heirs, executors, administrators, successors and assigns. IN WITNESS WHEREOF, the parties have hereunto set their hands and seals the day and year first above written. WITNESS GZtitN• / I.nL? C1( ct < ?c mdsay Dare aird, Esquire Kenneth W. Mansfield Michael A. Scherer, Esquire Diane Renee Mansfield COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND On this zZb _ day of V)-? a?i 2000, before me personally appeared Kenneth W. Mansfield, to me known to be the person described in and who executed the foregoing instrument, and acknowledged that he executed the same as his free act and deed. -L 6L Notary Public Notarial Seal Niven J. Baird, Notary Public Carlisle Boro, Cumberland County eny Commission Expires Nov. 2, 2002 PlnnsyNania Association of Notaries COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND On this 013 day of 1 r lwt,t l , 2000, before me personally appeared Diane Renee Mansfield, to me known to be the person described in and who executed the foregoing instrument, and acknowledged that she executed the same as her free act and deed. Notly Pubfk-,) Jennifer &NOtarial Seal Carlisle poro,ntlsay, Notary Fublic MY Commission ExpirosriNav, 2n?20?3 Member. Pcnnsylvan;a Ac;;oneti?nor Novme?. ?- Q? ?? I ? ? l.: i _. J ?.} - ? 1 .. _, il