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HomeMy WebLinkAbout99-05352 e 0 bk r c? h 3 i i i? i IN THE COURT OF COMMON OF CUMBERLAND COUNTY STATE OF PENNA. ROBERT J. DANNER, Plaintiff Versus MARY ANN DANNER, Defendant W. PLEAS 5352 CIVIL t 99 DECREE IN DI VORCE t z??o AND NOW . ............?!:7g....!,?. , .. 4 ... • , . , it is ordered and ROBERT J. DANNER decreed that .................................................. plaintiff, MARY ANN DANNER and .......................................................... defendant, are divorced from the bonds of matrimony. The court retains jurisdiction of the following claims which have been raised of record in this action for which a final order has not yet been entered; i THE PARTIES MARITAL SETTLEMENT AGREEMENT DATED JUNE 1, 2000 f ............................................. IS INCORPORATED HEREIN AS A FINAL ORDER OF COURT. ................................................... By The Court Attest: 0 Prothonotary •e' ?w. ?wi. Ge• •A:• •:e7 •3?• <'r..a • ;e:• -x. . w. .:? • {e:• {@ {ti •:e;• :e:• ie;• •A:• <e: •;?: •;?:• Ce:• ;e} Le;• <?> ;?:• {O:• •:e;• i ROBERT J DANNER, Plaintiff V. MARY ANN DANNER, Defendant To the Prothonotary: IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO 99-5352 CIVIL TERM CIVIL ACTION - LAW IN DIVORCE PRAECIPE TO TRANSMIT RECORD 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: Service upon the Defendant via certified mail, restricted delivery on September 2, 1999. 3. (Complete either paragraph (a) or (b).) (a) Date of execution of the affidavit of consent required under Section 3301(c) of the divorce code: by the plaintiff May 17 2000 by the defendant June l 2000 (b) (1) Date of execution of the plaintiff s affidavit required by Section 3301 (d) of the divorce code N/A (2) Date of service of the plaintiffs affidavit upon the defendant 4. Related claims pending NONE 5. Complete either (a) or (b) (a) Date and manner of service of the notice of intention to file praecipe to transmit record, a copy of which is attached: (b) Date plaintiffs waiver of notice in Section 3301(c) divorce was filed with the Prothonotary: June 1 2000 Date defendant's waiver of notice in Section 3301(c) divorce was filed with the Prothonotary: ?711? (?& Michael A. Scherer, Esquire Attorney for the Plaintiff, Robert J. Danner - lam, ti :D SJ .VJ 71 C> r • r-_ ?' .:_ ?' LI'f - .? (?: is. ?C f:, ?;, ?.. _. ??. ?: ?? c, m C i ?? 3 c? a \ ? ' ?s V ,J -? ? VO V ' \ s? ? ? ? r6 v z uJ n ? o U ? ? z ? "y U ?_ > 3 Q ? Z ? m ? ? z a m a] < V ROBERT J. DANNER, Plaintiff V. MARY ANN DANNER, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 99- 5. 35-4 CIVIL TERM CIVIL ACTION-LAW 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 ground for the divorce is indignities or irretrievable breakdown of the marriage, you may request marriage counseling. A list of marriage counselors is available in the Office of the Prothonotary at the Cumberland County Court House, Carlisle, Pennsylvania. IF YOU DO NOT FILE A CLAIM FOR ALIMONY, MARITAL PROPERTY, COUNSEL FEES OR EXPENSES BEFORE THE FINAL DECREE OF DIVORCE OR ANNULMENT IS GRANTED, YOU MAY LOSE THE RIGHT TO CLAIM ANY OF THEM. YOU SHOULD TAKE THIS PAPER TO YOUR ATTORNEY AT ONCE. IF YOU DO NOT HAVE AN ATTORNEY 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 ROBERT J. DANNER, Plaintiff V. MARY ANN DANNER, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 99- -6'3 ti' Z CIVIL TERM CIVIL ACTION-LAW IN DIVORCE COMPLAINT UNDER SECTIONS 3301(C) AND 3301(D) OF THE DIVORCE CODE 1. Plaintiff is Robert J. Danner, an adult individual who presently resides at 204 H Street, Carlisle, Cumberland County, Pennsylvania. 2. Defendant is Mary Ann Danner, an adult individual who presently resides at 2267 Orrstown Road, Shippensburg, Franklin County, Pennsylvania. 3. Plaintiff and Defendant have been bona fide residents in the Commonwealth of Pennsylvania for at least six months immediately previous to the filing of this Complaint. 4. The Plaintiff and Defendant were married on July 28, 1979 in Cumberland County, Pennsylvania. COUNT I - DIVORCE 5. Plaintiff hereby incorporates by reference paragraphs 1 through 4 above. 6. Plaintiff avers that the marriage between the parties is irretrievably broken. 7. The Plaintiff has been advised of the availability of counseling and that he may have the right to request that the court require the parties to participate in counseling. WHEREFORE, Plaintiff respectfully requests this Honorable Court to enter a decree in divorce. COUNT II - DIVISION OF PROPERTY 8. Plaintiff hereby incorporates by reference paragraphs 1 through 7 above. 9. The parties have acquired automobiles, bank accounts, home furnishings and other items of miscellaneous property during the course of their marriage, some of which is marital property. WHEREFORE, Plaintiff respectfully requests this Honorable Court to enter a decree which effects an equitable distribution of marital property. COUNT III - CUSTODY 10. The Plaintiff is Robert J. Danner, an adult individual residing at 204 H Street, Carlisle, Cumberland County, Pennsylvania. 11. The Defendant is Mary Ann Danner, an adult individual residing at 2267 Orrstown Road, Shippensburg, Franklin County, Pennsylvania. 12. Plaintiff seeks custody of Erik R. Danner, born September 25, 1985. The child was not born out of wec.,jck. The child is presently in the custody of Defendant, who resides at 2267 Orrstown Road, Shippensburg, Franklin County, Pennsylvania. During the past five years, the child has resided with the following persons at the following addresses: Persons Residences Dates Robert J. Danner 2267 Orrstown Road birth until and Mary Ann Danner Shippensburg, Pennsylvania 17257 05/27/99 Mary Ann Danner 2267 Orrstown Road 05/27/99 Shippensburg, Pennsylvania 17257 to present The natural mother of the child is Mary Ann Danner, currently residing at 2267 Orrstown Road, Shippensburg, Franklin County, Pennsylvania. She is married to the Defendant. The natural father of the child is Robert J. Danner, currently residing at 204 H Street, Carlisle, Cumberland County, Pennsylvania. He is married to the Plaintiff. 13. The relationship of the Plaintiff to the child is that of natural father. The plaintiff currently resides with the following persons: Names Terri Tate Relationship Friend 14. The relationship of the Defendant to the child is that of natural mother. The defendant currently resides with the following persons: Names Erik R. Danner Relationship Son 15. Plaintiff has not participated as a party or witness, or in any other capacity in other litigation, concerning the custody of the child in this or in any other 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. 16. 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. WHEREFORE, Plaintiff requests your Honorable Court to grant him primary physical custody of the child. Respectfully submitted, Date: 9.30. get Micha I A. Scherer, Esquire I. D. #61974 17 West South Street Carlisle, Pennsylvania 17013 (717) 249-6873 mas.dirldomestic/divorce/danner.com VERIFICATION I verify that the statements made in the foregoing Complaint 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. 6211+3L ) .` Rbbert J. Danner DATED: M-11999 ROBERT J DANNER, Plaintiff V. MARY ANN DANNER, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO 99-5352 CIVIL TERM CIVIL ACTION - LAW IN DIVORCE PLAINTIFF'S AFFIDAVIT OF CONSENT 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 August 31, 1999. 2. The marriage of the Plaintiff and Defendant is irretrievably broken and ninety days have elapsed from the date of the filing of the Complaint. 3. 1 consent to the entry of a final decree in divorce without notice. 4. 1 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. 5. 1 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. 6. 1 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: /'7 /'1aY ?orx? \ / +. M MAC VV bert J. Danner F H ? -y G_ S C' ? ? C7 c-7 T i. _?' r C . \ ?' f Q 1 G. u ? 1:? L' =:r lit- ? CD O U ROBERT J DANNER, Plaintiff V. MARY ANN DANNER, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO 99-5352 CIVIL TERM CIVIL ACTION - LAW IN DIVORCE DEFENDANT'S 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 August 31, 1999. 2. Defendant acknowledges receipt and accepts service of the Complaint on September 2, 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. 1 consent to the entry of a final decree in divorce without notice. 5. 1 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. 1 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. 1 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: _MaryAnn Danner (?1 ? i? j': -? 1 `.)' ??? ., ? ?: ... ' ."_ -, (1 ?_ C] i_J ROBERT J DANNER, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. NO 99-5352 CIVIL TERM MARY ANN DANNER, CIVIL ACTION - LAW Defendant IN DIVORCE CERTIFICATE OF SERVICE I, Michael A. Scherer, Esquire, attorney for the Plaintiff in the above-captioned divorce action, do hereby certify that I served a certified copy of the Complaint in Divorce to the Defendant, as per the attached U.S. Postal Service Certified Mail, return receipt card. O'BRIEN, BARIC & SCHERER BY Michael A. Scherer, Esquire DATE: `' ?' 09 SENDER: 4 eCan0WftM l mdra2 for addId"WtW iii eCanelreeena3,'Wend M. @Prh wrrnrW tlN.u on M rw? of die form w OW=fan Mrxn air cWd . oA,nmdy6r6,aY form to am hW fA IM MAWSm or wwft bra a@PM dm not • : Rragtra$h.b.t th. rdW rw w below ta Od@Wm raid dwdw 3. Amide AddreBeed to: fn Ann p0ov aabh orrsibo) ?#,) i, 19!57 18h?ppEnsbU j, P 5. RecoW By. (Point Name) w S. Signature: (Address s orAgent) ! PS orm 381 1. amber 1994 I also wish to rsceNe the folWng services (for an extra fee): 1. Addressee's Address 2 2. Restricted Delvwy 1 posdnasterforfee. ? Registered ? Express Mel ? Rdum RocWb 6 ? ODD 7. Date of Delivery S. Addressee's Ad and fee Is pak) tm%"e4OT7a Dort '- _.r _ y ?_ "' r ,? c' -D 'cn ? -? LI 'i ? CJ -) •- o U ROBERT J DANNER, Plaintiff V. MARY ANN DANNER, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO 99-5352 CIVIL TERM CIVIL ACTION - LAW IN DIVORCE MARITAL SETTLEMENT AGREEMENT THIS AGREEMENT, made this r1Kit day of -5 w , 2000, by and between Mary Ann Danner, hereinafter referred to as "Wife", and Robert J. Danner, hereinafter referred to as "Husband." WITNESSETH: WHEREAS, the parties are Husband and Wife who were married on July 28, 1979, and have been separated since June, 1999; and, WHEREAS, Husband has instituted divorce proceedings in the Court of Common Pleas of Cumberland County to No. 99-5352 Civil Term by Complaint filed on August 31, 1999; and, WHEREAS, the parties are the parents of Erik P. Danner, born September 25, 1985; and, WHEREAS, diverse unhappy differences, disputes and difficulties have arisen between the parties and the parties have decided that their marriage is irretrievably broken, and it is the intention of the parties to live separate and apart for the rest of their natural lives. The parties are therefore desirous of settling fully and finally their respective financial and property rights and obligations as between each other, including without limitation: the ownership and equitable distribution of all property owned by the parties; and the settling of all related economic claims including but not limited to spousal support, alimony and alimony pendente lite; and in general the settling of any and all claims or possible claims of one against the other or against their respective estates; and, WHEREAS, each party is fully familiar with the all of the property owned by the parties and each party acknowledges having sufficient opportunity to investigate and evaluate the property owned by the parties, and both parties now desire to settle and determine his and her property rights and claims under the Divorce Code. NOW, THEREFORE, in consideration of the mutual promises hereinafter set forth and for other good and valuable consideration, receipt of which is hereby acknowledged by each of the parties hereto, the parties, intending to be legally bound hereby, do covenant and agree as follows: 1. DIVORCE The parties agree to the entry of a Decree in Divorce pursuant to Section 3301© of the Divorce Code. Both parties shall execute and file the requisite Consents and Waivers with the Court contemporaneously with the execution of this Agreement. Husband's attorney shall file the Praecipe to Transmit the record and obtain a Decree in Divorce without delay. Should either party do anything to delay or deny the entry of such a Decree, or fail to do anything required to obtain the Divorce Decree in breach of this Agreement, the other party may, at his or her option, declare this Agreement null and void. 2 2. INCORPORATION BUT NOT MERGER INTO DIVORCE DECREE This Agreement and all warranties and representations contained herein shall survive the Divorce Decree and shall continue to be enforceable in accordance with its terms. No Court may change the terms of this Agreement, and it shall be binding and inclusive upon the parties. An action may be brought at law, in equity or pursuant to the provisions of the Divorce Code to enforce this Agreement by either Husband or Wife. In the event of a reconciliation, attempted reconciliation or other cohabitation of the parties hereto afterthe date of this Agreement, this Agreement shall remain in full force and effect in the absence of a written agreement signed by the parties expressly stating that this Agreement has been revoked or modified. 3. ADVICE OF COUNSEL Wife is represented by Joseph P. Ruane, Esquire, who is her separate legal counsel and she has been advised of her respective rights, privileges, duties and obligations relative to the parties' property rights and interests under the Divorce Code and regarding alimony and spousal support. Husband is represented by Michael A. Scherer, Esquire, who is his separate legal counsel and he has been advised of his respective rights, privileges, duties and obligations relative to the parties' property rights and interests under the Divorce Code and regarding alimony and spousal support. Husband and Wife acknowledge that each of them has read this Agreement and understands his and her rights and responsibilities under this Agreement, that he and she have executed this Agreement under no compulsion to do so but as a voluntary act, being apprised of its consequences. 3 4. TANGIBLE PERSONAL PROPERTY Wife shall become the sole owner of the 1990 Plymouth Laser. Husband's vehicle is leased. Aside from the foregoing, the parties have divided between them to their mutual satisfaction all items of tangible personal property which had heretofore been used by them in common and neither party shall make any claim to such property in the possession of the other. Each party will execute any and all documents necessary to effectuate the transfer of ownership of any items of personal property titled in both names as set forth above. 5. OTHER PROPERTY DISTRIBUTION PROVISIONS A. REAL ESTATE: The marital residence is located at 2267 Orrstown Road, Shippensburg, Pennsylvania. The parties recently refinanced the mortgage securing the loan on this property, and there is a second mortgage in the form of a home equity loan on the property, and as such, there is little, if any, equity in the property. Wife shall continue to reside in the property and have exclusive possession thereof so that the parties' child, Erik, can remain there until he finishes high school at Shippensburg Area High School. Husband shall continue to pay on or before the respective due dates the first and second mortgage payment on the property so long as he is able, and Wife shall not initiate an action for child support against Husband so long as he keeps making the mortgage payment. Husband shall be considered to continue to be "able" to make the mortgage payments provided he remains physically able as 4 determined by his family physician, and employed at approximately his current salary. Husband is willing to make said mortgage payments in an effort to allow Erik to remain in the marital residence. Should Husband's financial situation not permit him to continue to pay the mortgage payments because he is no longer "able", he may discontinue doing so, at which time Wife may elect to pursue an action against Husband for child support. Husband shall provide Wife with reasonable advance notice that he is no longer able to make said mortgage payments. Upon the happening of any of the following events, Wife shall either refinance the loan on marital residence in her name alone and pay Husband one-half of the equity at that time in exchange for Husband's ownership interest in the property; or the parties agree to sell the marital residence and divide the proceeds from the sale equally: [a] Erik's graduation from high school; [b] Erik's withdrawfrom high school; [c] Wife's departure from the marital residence; [d] Erik's departure from the marital residence. If Wife remarries or cohabitates in the marital residence prior to Erik completing or withdrawing from high school at Shippensburg, Husband shall pay child support according to the Support Guidelines and Wife shall be required to refinance the loan on marital residence in her name alone and pay Husband one-half of the equity at that time in exchange for Husband's ownership interest in the property or the parties shall agree to sell the marital residence and divide the proceeds from the sale equally. Wife has the option to refinance the loan on the marital residence in her name alone and pay Husband one- half of the equity at that time in exchange for Husband ownership interest in the property 5 I at any time following the execution of this Agreement and elect to pursue an action against Husband for child support. The parties shall diligently attempt to sell the marital residence, or the Wife shall diligently attempt to refinance the loan on the marital residence if any of the aforementioned conditions arise. Husband shall continue to make the mortgage payments until refinancing is complete or until the marital residence is sold and settlement takes place under the aforementioned conditions. If either of the parties becomes deceased prior to any of the above circumstances occurring, the survivor shall become the sole owner of the marital residence. B. WAIVER OF RETIREMENT BENEFITS: Husband has retirement benefits with Carlisle Hospital worth approximately $9,417.02 as of October, 1999. Wife has retirement benefits with Oak Industries which are administered by Fidelity Investments worth approximately $25,141.79 as of June 30,1999. The parties have already waived their respective interests in the others' retirement benefits and each party hereby expressly waives any right to claim any pension/profit sharing/retirement rights of the other, vested or contingent, each party to retain full ownership of such rights as his or her sole and separate property. C. INTANGIBLE PERSONAL PROPERTY The parties have divided between them to their mutual satisfaction all intangible personal property consisting of cash, bank accounts, annuities, securities, insurance policies, pension and retirement rights, whether vested or contingent, and all other such 6 types of property. The parties hereby agree that all such intangible property presently in the possession of or titled in the name of Husband shall be his sole and separate property, and that in the possession or titled in the name of the Wife shall be her sole and separate property. Each party hereby expressly waives any right to claim any pension/profit sharing/retirement rights of the other, vested or contingent, each party to retain full ownership of such rights as his or her sole and separate property. 6. BUSINESS INTERESTS Husband owns B & E Lawn Service, a sole proprietorship. The assets of B & E include two riding mowers, several walk behind mowers, hand equipment and tools and a trailer. Husband shall become the sole owner of B & E Lawn Service and all of the tangible personal property associated with its operation, B & E's accounts receivable and good will. 7. DEBTS AND OBLIGATIONS Husband shall be solely responsible for the MasterCard credit card debt totaling approximately $6,678.00, said cancelled account being in Husband's name alone. Wife shall be solely responsible for the Sears credit card debt totaling approximately $1,600.00, said cancelled account being joint. Each party agrees to indemnity and hold harmless the other from and against said respective debts. Except as herein otherwise provided, each party represents that she and he have not heretofore incurred or contracted any debt or liability or obligation for which the other may be held responsible or liable. Each party agrees to indemnify and hold harmless the other from and against all such debts, liabilities 7 or obligations of any kind which may have heretofore been incurred between them, except the obligations arising out of this Agreement. 8. INDEMNIFICATION Both parties covenant, warrant, represent and agree that each will now and at all times hereafter save and keep each other indemnified against all debts, charges, or liabilities incurred by the other after the execution of this Agreement, except as may be otherwise specifically provided for by the terms of this Agreement and neither of them shall hereafter incur any liability whatsoever for which the Estate of the other may be liable. Each party further agrees to indemnify and save and hold harmless the other from any and all liabilities he or she may incur upon the obligations of or assumed by the other, which indemnification as to all provisions of this Agreement shall include the right to recover out of pocket expenses and reasonable attorney's fees actually incurred. 9. EQUITABLE AGREEMENT Both parties agree that the hereinabove set forth Agreement constitutes an equitable distribution of their marital property and equitable resolution of all other economic claims pursuant to the provisions of the Divorce Code and each party irrevocably waives, releases, and remises any claim to ownership of or interest in any property designated as the property of the other by virtue of the provisions of this Agreement except as otherwise may be provided pursuant to the provisions of this Agreement. 8 10. MUTUAL RELEASES Husband and Wife do hereby mutually release, remise, quitclaim and forever discharge the other and the estate of the other from any and all claims either party has now, ever may have or can at any time have against the other or the other party's estate or any part thereof, whether arising out of formal contracts, engagements or liabilities of the other party, arising by way of widower's right or under the Intestate Law, arising by any right to take against the Will of the other party, arising out of the Divorce Code, Act No. 26 of 1980, as amended, including, alimony, alimony pendente lite, counsel fees and expenses, arising as a right to spousal support or arising from anything of any nature whatsoever, excepting only those rights accorded to the parties under this Agreement. 11. BREACH If either party to this Agreement resorts to a lawsuit or other legal action pursuant to the provisions of the Divorce Code or otherwise to enforce the provisions of this Agreement, the successful party shall be entitled to recover his or her reasonable attorney fees, actually incurred, from the other as part of the judgment entered in such legal action, whether in law, in equity, pursuant to the provisions of the Divorce Code or otherwise as the same shall be determined by the Court. 12. COMPLETE DISCLOSURE The parties do hereby warrant, represent and declare and do acknowledge and agree that each is and has been fully and completely informed of and is familiar with and is cognizant of the wealth, real and/or personal property, estate and assets, earnings and 9 income of the other and that each has made a full and complete disclosure to the other of his or her entire assets and liabilities and any further enumeration or statement thereof in this Agreement is specifically waived. 13. ENTIRE AGREEMENT This Agreement constitutes the entire understanding of the parties. There are no covenants, conditions, representations or agreements, written or oral, of any nature whatsoever, other than those herein contained. 14. MODIFICATION This Agreement is subject to modification only by a subsequent legal writing signed by both parties. It shall be construed according to the laws of the Commonwealth of Pennsylvania. 15. AGREEMENT BINDING ON HEIRS This Agreement shall bind and inure to the benefit of the parties hereto and their respective heirs, executors, administrators, successors and assigns. 16. CONTRACT INTERPRETATION For purposes of contract interpretation and for the purpose of resolving any ambiguity herein, Husband and Wife agree that this Agreement was drafted and prepared jointly by their respective counsel. 10 17. SEVERABILITY AND INDEPENDENT COVENANTS The parties agree that each separate obligation contained in this Agreement shall be deemed to be a separate and independent covenant and agreement. 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 and effect. 18. COSTS AND ATTORNEYS' FEES Neither party shall reimburse the other for any court costs or filing fees associated with this case, and each party shall be responsible to pay his or her own attorneys' fees. 19. LAW AND JURISDICTION APPLICABLE This Agreement shall be construed in accordance with the laws of the Commonwealth of Pennsylvania. 20. OTHER DOCUMENTATION The parties agree that they shall within ten days of the date of this Agreement execute any and all written instruments or documents required to effectuate the terms of this Agreement. 21. WAIVER OF ALIMONY Husband and Wife do hereby waive, release and give up any rights which either of them may have against the other to receive alimony or other post-divorce spousal maintenance or support. 11 22. PROVISIONS AS TO CHILDREN A. CHILD SUPPORT: See paragraph 5.A. above. B. CUSTODY: The parties currently share legal custody of Erik. Physical custody is by mutual agreement of the parties without the necessity of a formal, written agreement. Either party may petition the court at anytime for a custody order should the need arise. C. HEALTH INSURANCE: Husband shall maintain health insurance coverage on Erik until Erik completes high school. The parties shall equally share unreimbursed medical expenses of Erik unless said expenses have been apportioned under the Support Guidelines pursuant to Order of Court. Nv W nn Danner Robe J. Danner WITNESS: .l ' i l !.L IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ROBERT J. DANNER, Plaintiff, CIVIL ACTION - LAW V. MARY ANN DANNER, Defendant. NO. 99 - 5352 IN DIVORCE PRAECIPE FOR ENTRY OF APPEARANCE OF COUNSEL To the Prothonotary: Please enter my appearance on behalf of the Defendant, Mary Ann Danner. Dated: 1r1,-i 1 J eph . Ruane, Esquire MARK. WEIGLE AND PERKINS - ATTORNEYS At LAW - 126 EAST KING STREET - SKIPPENSRURG. PA 17257.1397 ' - ?:, ?;? ? ? ,. w ?., >::: .. _; ? ; ,, _ ?. ?: ? ?_ ? ?:;, ? :. -- ? .. „ U