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HomeMy WebLinkAbout03-3418ROBERT G. FEGLEY Plaintiff, V. DEBRA K. FEGLEY, Defendant. : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : :NO. 03- 3'q~? ~ '-'~o.~..~ : CIVIL ACTION - DIVORCE, CUSTODY .. : 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 OF 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: Cumberland County Courthouse One Courthouse Square Carlisle, PA 17013. 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, PA 17013 (717) 249-3166 ROBERT G. FEGLEY Plaintiff, V. DEBRA K. FEGLEY, Defendant. : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : :NO. : : CIVIL ACTION - DIVORCE, CUSTODY : : COMPLAINT FOR DIVORCE AND CUSTODY UNDER SECTION 3301(c) OR 3301(d) of the DIVORCE CODE COUNT I - DIVORCE 1. This Honorable Court has jurisdiction with respect to this matter pursuant Section 931 of the Judicial Code (42 Pa. C.S.A. § 931) and Section 3104 of the Divorce Code (23 Pa. C.S.A. § 3104). 2. Venue is proper in this Judicial District because both Plaintiff and Defendant are residents of Cumberland County. 3. Plaintiff is Robert G. Fegley, who resides at 512 West Cumberland Road, Enola, Cumberland County, Pennsylvania, and has since October, 2002. 4. Defendant is Debra K. Fegley who resides at 149 Susquehanna Avenue, Enola, Cumberland County, Pennsylvania, and has since October, 2002. 5. Plaintiff and Defendant each has been a bona fide resident of and in the Commonwealth of Pennsylvania and Cumberland County for at least six (6) months immediately preceding the filing of this Complaint. 6. Plaintiff and Defendant were married on May 12, 1995 at Lernoyne, Pennsylvania in the United States of America. 11. 12. There have been no prior actions of divorce or for annulment between the parties. Plaintiff acknowledges notification of the availability of counseling as prescribed in the Pennsylvania Rules of Court. The marriage is irretrievably broken. Neither Plaintiff nor Defendant is in the military service of the United States of America. Plaintiff and Defendant separated in October, 2002 upon agreement between the parties when Plaintiff moved from the marital residence to 512 West Cumberland Road, Enola, Pennsylvania. Plaintiff and Defendant have only one child of the parties: their son, Nicholas R. Fegley, who is under the age of eighteen (18), was bom on August 27, 1998, and is currently living with Defendant. WHEREFORE, Plaintiff requests the Court to enter a decree of divorce, divorcing the Plaintiff and Defendant, and if the parties enter into an agreement, that the same be incorporated in the decree and entered as an Order of the Court. COUNT II - CUSTODY 13. The above paragraphs 1-12 are incorporated herein as though set forth fully in the following paragraphs. 14. Plaintiff and Defendant seek joint physical and legal custody of their child, Nicholas R. Fegley, residing at both 149 Susquehanna Avenue, Enola, Cumberland County, Pennsylvania, and 512 West Cumberland Road, 2 15. 16. 17. 18. 19. 20. 21. Enola, Cumberland County, Pennsylvania. The child was not bom out of wedlock. During the past several years, the child has resided with the Plaintiff and Defendant at 149 Susquehanna Avenue, Enola, Cumberland County, Pennsylvania and 512 West Cumberland Road, Enola, Pennsylvania. The relationship of the Plaintiff to the child is that of Father. The Plaintiff currently resides at 512 West Cumberland Road, Enola, Cumberland County, Pennsylvania. The relationship of the Defendant to the child is that of Mother. The Defendant currently resides at 149 Susquehanna Avenue, Enola, Cumberland County, Pennsylvania. Plaintiff has not participated as a party or wimess, 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 knows of no 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. The best interest and permanent welfare of the child will be served by granting the relief requested because of the following facts: a) Mother and Father have resolved the issues of child custody and visitation. 22. b) Mother and Father are currently sharing custody and visitation of the minor child by mutual agreement. c) Mother and Father have agreed in principle to the issues of custody and visitation, and have entered into the Custodial Agreement, dated October 31, 2002. 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. WHEREFORE, Plaintiff requests that this Honorable Court enter an Order awarding Plaintiff and Defendant legal and physical custody of Nicholas R. Fegley by adopting the Custodial Agreement entered into by the parties on October 31, 2002, as an Order of Court. DATE: Respectfully submitted, CAPOZZI & ASSOCIATES P.C. M£ch~l A. Hynulm, Esqu /{ttomey ID# 85692 2933 North Front Street Harrisburg, PA 17110-1250 Telephone: [717] 233-4101 [Attorneys for Plaintiff] 4 ROBERT G. FEGLEY Vo DEBRA K. FEGLEY, De~ndant. : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA ._ ., : NO. : : CIVIL ACTION - DIVORCE, CUSTODY : VERIFICATION I, Robert G. Fegley, the Plaintiff in the attached Complaint, verify that the statements made in the Complaint are true and correct. I understand that false statements therein are made subject to the penalties of 18 Pa. C.S. § 4904, relating to unsworn falsification to authorities. Robert G. Fegley DATE: ~z_ ,~.2oo£~ CUSTODIAL AGREEbIENT BETWEEN DEBRA K. FEGLEY, MOTHER, AND ROBERT G. FEGLEY, FATHER, REGARDLNG CUSTODY OF THELR CHILD, NICHOLAS IL FEGLEY. Effective: October 31, 2002 LEGAL CUSTODY Ihe parties shall ~harelegalcn~tod.y of their child. Nicholas R. Fegley. All decisions affecting said child's growth and development including, but not limited to: medical and dental treatment, psycho&erapy, psychoanalysis, or like treatment; decisions relating to actual or potential litigation involving the child, directly or as abenefieiary~ other than custody litigatio~ education, both secular and religious; scholastic athletic pursuits and other e~racurricular actixrilies; shall be cnnqid~red major decisions and shall be made by the parents jointly, after discussion and consultation with each other and with a view towards obtaining and fOltOwillg a harmonious policy in the child's best interests. Eachpmy qhall keep the, other informed of the pro~ess of the child's education and social adjustments, Neither shall impair the other party's right to shared legal custody and the other party'S right tO ?hysical custody as provided herein. Each party shall give support to the other in the role as a parent and to take into account the c~ncem~ of the other for the physical and emotional well-being of the child. While in the pre-nee of the ehitd, neither parent shall make or permit any person to make any remarks nor do anything that could in any way be construed as derogatory or uncomplimentary to the other parent_ It shall be the express duty of each parent to uphold the other parent as one whom the child should respect and love. It ~hall be the obligation of each parent to make the child available to the other in accordance with the physical custody schedule and to encourage them to participate in the plan hereby agreed and ordered. Each parent shall have the duty to notify the other of any event or activity that could reasonably be expected to be of significant concern to the other parent. The parents shall communicate directly with one another concerning any parenting issue requiring consultation and agreement and regarding any proposed modifications to the physical custody schedule, which may from time to time become necessary, and shall specifically not use the child as a messenger. With regard to any' emergency decisions that must be maae, the parent with whom the ch/ld is physically residing at the time shall 5. e permitted to make the decision necessitated by the emergency without consulting the other parent in advance. However, the parent shall inform the other of the emergency and consult with hirmtter as soon as possible. Day-to-day decisions of a routine nature will be the responsibility of the parent having physical custody at the time. Each parent shall be entitled to complete information ~om any hospital, doctor, dentist, teacher or authority and have copies of any reports given to them as a parent Such documents include, but are nor limked_to, medical reports, academic and school report cards, birth certificates, etc. Both parents ma.y arid are encnttrag~cl to attenc[all_schoo[ conferences and axYf_vilies. The Father's name shall be listed with the school as the alternative parent to be enntacted in the event of an emergency and to be notified regarding school events. However, it will be Mother's responsibility to provide Father with copies of report cards and all notifications of major school events. Neither parent shall schedule activities or appointments for the child which would require his allendance or participation at said activity or appointment during a time when he is scheduled to be in the physical custody of the parent without that parent's express prior approval. The parents acknowledge that they each expect the child to attend college. Ire parties shall each be actively invoNed in the selection of any appropriate post-high school education for the child and that the choice of college shall be rnutna_ll.y agreed upon by Mother, Father and the child, takJltg into consideration the parents' then financial ability and economic circumstances. and the child's needs, desires, talents and aptitudes for the post-high school education. PHYSICAL CUSTODY The parties shall share physical custody of the child. Mother shall have primary physical custody of the child and Father ~hall have partial/temporary physical custody of the child at such times as the parties shall mutually agree. Absent such mnmal agreement, the following schedule of par~i_al/tempora~ custody with Father shall apply: (t) Alternating weekends commencing on_ Friday at the end of the school day during the school year or at 7:00 am during the school summer vacation per/od and ending on Stmday at 6:00 pm. (2) Each Thursday commencing at the end of the school day during the school year or at 7:00 am during the school summer vacation period and ending the following Friday morning with Father returning the child to school at the commencement of the schoo[ day or during the (3) (4) (s) (6) (7) (8) (9) school surfhmer vacation period returning zhe child ro Mother's home at 7:00 am. Two weeks_ tither consecutive or non-censec'ative of non-school vacation time for each pan-y upon thirty ~301 days advance notice to the other party. Alternating major holidays including New Years Da.,/, Faqt.er Day, Memorial Day, Independence DAF-, Labor Da)'. and Ihanks~ving Day from 9:00 am until 6:00 pm commencing with Tha~k~givi~ Day 2002 with Father. The foregoing time periods not~ithstanding, in the event the party entitled to a holiday has special plans for such holiday which necessitates an expansion of the aforementioned time periods to accommodate said plans, then that party shall be entitled to have custody for such necessary expanded times to accommodate said plans provided that the party desiring the e.xpan~ion pro~Sdes the other party with reasonable prior notice thereof Christma~ ahall be dividexi into the follov,mg two segments_to be alternated annually between the parties with Mother having the first segment in odd. numbered years and the second se~ent in even numbered years and Father having the first se~m'nent in even numbered years and the second segment in odd numbered years: (a) (b) December 24 at 12:00 pm until December 25 at 12:00 pm. December 25 at 1200 pm until December 26 at t200 pm Father's birthday (April 4t~) commencing at 9:00 am and ending at 6:00 pm; provided, however, that if said birthday falls on a school day then the commencement time shall begin at the end of the school day. Similarly, Mother shall have custody on her birthday (December 206) commencing at 9;00 am and ending at 6:00 pm; provide& lmwever, that if said birthday falls on a school da.,,' then the commencement time shall begin at the end of the school day. Father's Day from 9:00 am until 6:00 pm. Similarly, Mother shall have cn~tody on Mother's Day from 9:00 am until 6:00 pm. Any other rime when the child is not in school and the Mother is working, Father ~hall have the first opfioa of having custo~' of the child rather than placing the child in the care of a day care provider or relative. Each parent shall have physical, custody of the chili for attendance at special family events such as funerals. ~eddings and reunions upon reasonable notice to the other party MISCELLANEOUS PROVISIONS The aforementioned holiday schedule including major holidays, Christmas segnlellts, birthdaya,_Mnther'a Day and Falhar'$ Day shall take precedence over any other custodial period and shall not be interrupted thereby. The. aforementioned two ve~lc va~.ticm perioda :hull take pro~'~edenee over any other custodial period excepting holidays and shall not be interrupted thereby. Tha~oregoing e.~tody ~ehed,,le ia d~med tn hca. minimum schedule of custody between Father and child and the parties, upon mutual agreement, may expand or alter these custodial a~xangemems as may be in the best interest of the child. Eack party ~hall have retaeonahte telephone aeeea~ with the child and_the child shall be permitted free access to place or receive telephone calls to or from either parent if he desires. If either parent; desk,s to relocate and e~tahliuh & residence more than 100 miles from their current residence, he or she shall give the other party at least 60 days advance w6_tten~ notice of his or her proposed reioeatin% ia_order to give the parties an opportunity to confer prior to such relocation and to establish a rout, ally satisfactory arrangement aa to custody and partial custody in light of such relocation. In the event the parties are unable to reach a mtttnally agreeable_ errangemenat, then elth~c pax'Dj nhall have, th~ light to petition a court of competent jurisdiction to enter an appropriate custody/partial enatoc[y order. Debta K. Fegley, Mother Date Date ROBERT G. FEGLEY Plaintiff, V. DEBRA K. FEGLEY, Defendant. : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : : :NO. 05-$q/~ ~ -'f"~'~ : : CIVIL ACTION - DIVORCE, CUSTODY _. ORDER OF COURT AND NOW, this z ~ ~ day o£ ~ ,2003, it is hereby ORDERED AND DECREED that tbe terms a~d conditio~ns s/et forth in the Custodia! Agreement entered into between the parties dated October 31, 2002, are incorporated herein and made a part hereof as though set forth in full. BY THE COURT: / , ,n~,,- t~ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ROBERT G. FEGLEY, Plaintiff DEBRA K. FEGLEY, Defendant NO. 03-3418 CIVIL ACTION - LAW IN DIVORCE PRAECIPE FOR ENTRY OF APPEARANCE TO THE PROTHONOTARY OF THE SAID COURT: Please enter the appearance of Diane G. Radclifl; Esquire, as attorney for the Defendant, Debra K. Fegley in the above captioned matter. Respectfully submitted, oad Camp Hill, PA 17011 PHONE: (717) 737-0100 I.D. No. 32112 Attorney for Defendant ROBERT G. FEGLEY, Plaintiff V. DEBRA K. FEGLEY, Defendant ACCEPTANCE OF SERVICF IN THE COURT OF COMMON ~ COUNTY, PENNSYLVAN CUMBERLAND NO. 03-3418 Civil Term CIVIL ACTION - DIVORCE, CUSTODY I hereby accept service of the Complaint for Divorce and Custody on behalf of Defendant, Debra K. Fegley, and certify that I am authorized to do so. Date: 34~8 Trindle Road Camp Hill, 17011 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ROBERT G. FEGLEY, Plaintiff DEBRA K. FEGLEY, Defendant NO. 03-3418 CIVIL ACTION - LAW IN DIVORCE AFFIDAVIT OF CONSENT A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed on July 18, 2003. 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. I consent to the entry of a final Decree in 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. Section 4904 relating to unsworn falsification to authorities. Dated: DEBRAK. FEGLEY [' ~ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ROBERT G. FEGLEY, : Plaintiff : NO. 03-3418 ¥. DEBRA K. FEGLEY, Defendant CIVIL ACTION - LAW IN DIVORCE AFFIDAVIT OF CONSENT A Complaint in Divorce under Section 3301 (c) of the Divorce Code was filed on July 18, 2003. 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. I consent to the entry of a final Decree in Divorce after service of notice of intention to request entry of the 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. Section 4904 relating to unswom falsification to authorities. Dated: IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ROBERT G. FEGLEY, Plaintiff V. DEBRA K. FEGLEY, Defendant NO. 03-3418 CIVIL ACTION - LAW IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER SECTION 3301(c) OF THE DIVORCE CODE I consent to the entry of a final decree in divorce without notice. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses ifI do not claim them before a divorce is granted. I understand that I will not be divorced until a divorce decree is entered by the Court and that a copy of the decree will be sent to me immediately after it is filed with the Prothonotary. I verify that the statements made in this Waiver are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S, §4904 relating to unswom falsification to authorities. Dated: t~[i~.f(~c~ ~~'~ ~--~[xo~l DEBRA K. FEGLEY [ ~ IN THE COURT OF COMMON PLEAS OF CUMBERLAND'COUNTY, PENNSYLVANIA ROBERT G. FEGLEY, Plaintiff DEBRA K. FEGLEY, : Defendant : NO. 03-3418 CIVIL ACTION - LAW 1N DIVORCE WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER SECTION 3301(c) OF THE DIVORCE CODE I consent to the entry of a final decree in divorce without notice. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if I do not claim them before a divorce is granted. I understand that I will not be divorced until a divorce decree is entered by the Court and that a copy of the decree will be sent to me immediately after it is filed with the Prothonotary. I verify that the statements made in this Waiver 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. Dated: q'/~/g AOo y' ROBERT G. FEGLEY~ /~ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ROBERT G. FEGLEY, Plaintiff DEBRA K. FEGLEY, Defendant NO. 03-3418 CIVIL ACTION - LAW IN DIVORCE MARITAL AGREEMENT BETWEEN ROBERT G. FEGLEY AND DEBRA K. FEGLEY TABLE OF CONTENTS INTRODUCTION AND PREAMBLE ............................................................ 1 SECTION I GENERAL PROVISIONS ............................................................................... 1.01 Incorporation of Preamble ................................................... 2 1.02 Divorce Decree .................................................................... 2 1.03 Agreement to Be Incorporated into Divorce Decree ........... 2 1.04 Date of Agreement ............................................................... 2 1.05 Distribution Date ................................................................. 3 1.06 Advice Of Counsel/Voluntary Execution ............................ 3 1.07 Financial Disclosure ........................................................... 3 1.08 Disclosure and Wavier of Procedural Rights ...................... 3 1.09 Bankruptcy .......................................................................... 4 1.10 Personal Rights .................................................................... 4 1.11 Mutual Release .................................................................... 5 1.12 Income Tax Matters ............................................................. 6 1.13 Preservation of Records ....................................................... 6 1.14 Effect of Reconciliation ....................................................... 6 1.15 Mutual Cooperation ............................................................. 6 1.16 Waiver or Modification to Be in Writing ............................ 7 1.17 Agreement Binding upon Heirs ........................................... 7 1.18 No Waiver of Default .......................................................... 7 1.19 Breach .................................................................................. 7 1.20 Manner of Giving Notice ..................................................... 8 1.21 Integration ............................................................................ 8 1.22 Severability .......................................................................... 8 1.23 Social Security Benefits ....................................................... 8 1.24 Law of Pennsylvania Applicable ......................................... 8 2 Page i 1.25 Headings Not Part of Agreement ......................................... 8 SECTION II DISTRIBUTION OF PROPERTY ................................................................... 2.01 2.02 2.03 2.04 2.05 2.06 2.07 2.08 2.09 2.10 Final Equitable Distribution of Property ............................. 10 After-Acquired Property ...................................................... 10 Waiver of Inheritance .......................................................... 10 As Is Condition .................................................................... 10 Personal Property ................................................................. 10 Vehicles, Boats and the like ................................................ 11 Real Estate Sales Proceeds ................................................. 12 Retirement and Pension Plans ............................................. 12 Bank Accounts, Stock and Life Insurance ........................... 12 Tax Provisions ..................................................................... 12 10 SECTION III DISTRIBUTION OF DEBTS ............................................................................ 14 3.01 Wife's Debts ......................................................................... 14 3.02 Husband's Debts .................................................................. 14 3.03 Marital Debts ....................................................................... 14 3.04 Indemnification .................................................................. 15 SECTION IV COUNSEL FEES, ALIMONY, APL, SPOUSAL SUPPORT, CHILD SUPPORT, HEALTH INSURANCE DEPENDENCY EXEMPTIONS AND CUSTODY .......................................................................................................... 16 4.01 4.02 4.03 4.04 4.05 Waiver of Counsel Fees ....................................................... 16 Alimony, APL and Spousal Support ................................... 16 Child Support ....................................................................... 16 Health Insurance .................................................................. 16 Dependency Exemptions ..................................................... 17 Page ii 4.06 Custody ................................................................................ 17 SECTION V CLOSING PROVISIONS AND EXECUTION .............................................. 18 5.01 5.02 5.03 18 Counterparts ......................................................................... 18 Facsimile Signature ............................................................. Binding Effect ...................................................................... 18 - iii - INTRODUCTION THIS AGREEMENT made this __ day of ,2004, by and between DEBRA K. FEGLEY, ("Wife") of 4830 East Trindle Road, Mechanicsburg, PA 17050, and ROBERT G. FEGLEY, ("Husband") of 512 Cumberland Road, Enola, PA 17025. WITNESETH: WHEREAS, the parties hereto are husband and wife, having been married on May 12, 1995 in Lemoyne, PA, and separated on October 20, 2000. WHEREAS, there was 1 child bom of this marriage: Nicholas R. Fegley, August 27,1998 (the "child"). WHEREAS, diverse and unhappy differences, disputes and difficulties have arisen between the parties and it is the intention of Husband and Wife to live separate and apart for the rest of their natural lives, and the parties hereto are desirous of settling fully and finally their respective financial and property rights and obligations as between each other including, without limitation by specification: the settling of all matters between them relating to the ownership and equitable distribution of real and personal property; the settling of all matters between them relating to the past, present and future support, alimony and/or maintenance of Wife by Husband or of Husband by Wife; and in general, the settling of any and all claims and possible claims by one against the other or against their respective estates. NOW, THEREFORE, in consideration of the premises and 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 parties hereto, Wife and Husband, each intending to be legally bound hereby, covenant and agree as follows: END OFINTRODUCTION -1- SECTION I GENERAL PROVISIONS 1.01. INCORPORATION OF PREAMBLE The recitals set forth in the Preamble of this Agreement are incorporated herein and made a part hereof as if fully set forth in the body of the Agreement. 1.02. DIVORCE DECREE The parties acknowledge that their marriage is irretrievably broken and that they will secure a mutual consent no-fanlt Divorce Decree in the above captioned divorce action docketed to No. 03- 3418 and filed on July 18, 2003. Upon the execution of this Agreement, the parties shall execute and file their respective Affidavits of Consent and Waivers of Notice of Intention to Request Entry of Divorce Decree. Within fourteen (14) business days of that those filings, Husband shall file all remaining documents necessary to secure the entry of the Divorce Decree. If either party fails or refuses to finalize said divome or execute and file the documents necessary to finalize the divorce, said failure or refusal shall be considered a material breach of this Agreement and shall entitle the other party at his or her option to terminate this Agreement, in which event the parties shall be restored to the same legal position each had been immediately prior to the execution of this Agreement, and either party may then proceed with the litigation of any claims heretofore raised in this divorce action the same as of this Agreement has never been executed by the parties. 1.03. AGREEMENT TO BE INCORPORATED IN DIVORCE DECREE The terms of this Agreement shall be incorporated into any Divorce Decree which may be entered with respect to them. This Agreement shall not merge with the Divorce Decree, but rather, it shall continue to have independent contractual significance and each party shall maintain their contractual remedies as well as Court remedies as the result of the aforesaid incorporation or as otherwise provided by law or statute. 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. 1.04. DATE OF AGREEMENT The "date of this Agreement" shall be defined as the date of execution by the party last executing this Agreement. -2- 1.05. DISTRIBUTION DATE The transfer of property, funds and/or documents provided for herein shall only take place on the "distribution date" which shall be defined as the date of execution of this Agreement unless otherwise specified herein. 1.06. ADVICE OF COUNSEL The provisions of this Agreement and their legal effect have been fully explained to the parties by their respective counsel, Michael A. Hynum, Esquire, for Husband, and Diane G. Radcliff, Esquire, for Wife. The parties acknowledge that they have received independent legal advice from counsel of their selection and that they fully understand the facts and have been fully informed as to their legal rights and obligations. They acknowledge and accept that this Agreement is, under the circumstances, fair and equitable and that it is being entered into freely and voluntarily after having received such advice and with such knowledge, and that execution of this Agreement is not the result of any duress or undue influence and that it is not the result of any collusion or improper or illegal agreement or agreements. 1.07. FINANCIAL DISCLOSURE The parties confirm that each has relied on the substantial accuracy of the financial disclosure of the other as an inducement to the execution of this Agreement, and each party acknowledges that th.ere has been a full and fair disclosure of the parties' marital assets and debts and the parties' respective incomes, which has been provided to each party. 1.08. DISCLOSURE AND WAIVER OF PROCEDURAL RIGHTS Each party understands that he or she has the right: (1) to obtain from the other party a complete inventory or list of all of the property that either or both parties own at this time or owned as of the date of separation; (2) to have all such property valued by means of appraisals or otherwise; (3) to compulsory discovery to assist in the discovery and verification of facts relevant to their respective rights and obligations, including the right to question the other party under oath; and (4) to have a Court hold hearings and make decisions on the matters covered by this Agreement, which Court decision concerning the parties' respective rights and obligations might be different from the provisions of this Agreement. Each party hereby acknowledges that this Agreement is fair and equitable, that it adequately provides for his or her needs and is in his or her best interests, and that the Agreement is not the result of any fraud, duress, or undue influence exercised by either party upon the other or by any other person or persons upon either party. Given said understanding and acknowledgment, both parties hereby waive the following procedural rights: -3- Inventory: The right to obtain an inventory of all marital and separate property as defined by the Pennsylvania Divorce Code. Income and Expense Statement: The right to obtain an income and expense statement of the other party as provided by the Pennsylvania Divorce Code, except in instances where such an income and expense statement is hereafter required to be filed in any child support action or any other proceedings pursuant to an order of court. Discovery: The right to have any discovery as may be permitted by the Rules of Civil Procedure, except discovery arising out of a breach of this Agreement, out of any child support action, or out of any other proceedings in which discovery is specifically ordered by the court. Determination of Marital and Non-Marital Property: The right to have the Court determine which property is marital and which is non-marital, and equitably distribute between the parties that property which the Court determines to be marital. Other Rights and Remedies: The right to have the Court decide any other rights, remedies, privileges, or obligations covered by this Agreement, including, but not limited to, possible claims for divorce, spousal support, alimony, alimony pendente lite (temporary alimony), counsel fees, costs and expenses. 1.09. BANKRUPTCY The parties hereby agree that the provisions of this Agreement shall not be dischargeable in bankruptcy and expressly agree to reaffirm any and all obligations contained herein. In the event a party files such bankruptcy and pursuant thereto obtains a discharge of any obligations assumed hereunder, the other party shall have the right to declare this Agreement to be null and void and to terminate this Agreement in which event the division of the parties' marital assets and all other rights determined by this Agreement shall be subject to Court determination the same as if this Agreement had never been executed by the parties. 1.10. PERSONAL RIGHTS Husband and Wife may and shall, at all times hereafter, live separate and apart. They shall be free from any control, restraint, interference or authority, direct or indirect, by the other in all respects as fully as if they were unmarried. They may reside at such place or places as they may select. Each may, for his or her separate use or benefit, conduct, carry on and engage in any business, occupation, profession or employment which to him or her may seem advisable. Husband and Wife shall not molest, harass, disturb or malign each other or the respective families of each other nor compel or -4- attempt to compel the other to cohabit or dwell by any means or in any manner whatsoever with him or her. 1.11. MUTUAL RELEASES Except as otherwise expressly provided in this Agreement, Husband and Wife each do hereby mutually remise, release, quitclaim and forever discharge the other and the estate of such other, for all time to come, and for all purposes whatsoever, of and from the following: Claims Against Property or Estate: Any and all right, title, interest and/or claims in or against the other party, the property (including income and gain from property hereafter accruing) of the other or against the estate of such other, of whatever nature and wheresoever situate, which he or she now has or at any time hereafter may have against such other party, the estate of such other party or the property of the other party or any part thereof, whether arising out of any former acts, contracts, engagements or liabilities of such other. Dower, Curtesy, Widows Rights: Any and all rights and claims of dower or curtesy, or 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; Life Time Conveyances: The right to treat a lifetime conveyance by the other as testamentary, or all other rights of a surviving spouse to participate in a deceased spouse's estate, whether arising under the laws of (I) the Commonwealth of Pennsylvania, (ii) State, Commonwealth or Territory of the United States, or (iii) any other country; Marital Rights: Any rights which either party may have or at any time hereafter have for past, present or future support or maintenance, alimony, alimony pendente lite, counsel fees, equitable distribution, costs or expenses, whether arising as a result of the marital relation or otherwise. Breach Exception: The foregoing shall not apply to 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 of this Agreement a full, 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 provisions thereof. -5- 1.12. INCOME TAX MATTER,q With respect to income tax matters regarding the parties the following shall apply: Prior Returns: The parties have heretofore filed joint federal and state returns. Both parties agree that in the event any deficiency in federal, state or local income tax is proposed, or any assessment of any such tax is made against either of them, each will indemnify and hold harmless the other from and against any loss or liability for any such tax deficiency or assessment therewith. Such tax, interest, penalty or expense shall be paid solely and entirely by the individual who is finally determined to be the cause of the misrepresentations or failure to disclose the nature and extent of his or her separate income on the aforesaid joint returns. Current Returns: The parties shall file individual tax returns for the current tax year and for every tax year hereafter. 2003 Tax Return/IRA Distribution: Husband shall report the distribution from his IRA account on his applicable 2003 income tax returns and shall be solely responsible for the payment of all taxers and penalties arising out of that distribution and tax reporting, Wife's receipt of a portion of that distribution notwithstanding. 1.13. PRESERVATION OF RECORDS Each party will keep and preserve for a period of four (4) years from the date of their divorce all financial records relating to the marital estate, and each party will allow the other party access to those records as may be reasonably necessary from time to time. 1.14. EFFECT OF RECONCII,IATION This Agreement shall remain in full force and effect even if thc parties reconcile, cohabit as Husband and Wife or otherwise, or attempt a reconciliation. This Agreement shall continue in full force and effect and there shall be no modification or waiver of any of thc terms hereof unless the parties, in writing, signed by both parties, execute a statement declaring this Agreement or any term of this Agreement to be null and void. 1.15. MUTUAL COOPERATION Each party shall, at any time and from time to time hereafter, and within at least twenty (20) days after demand therefor, take any and all steps and execute, acknowledge and deliver to the other party, any and all further instruments and/or documents that the other party may reasonably require for the purpose of giving full force and effect to the provisions of this Agreement. -6- 1.16. WAIVER OR MODIFICATION TO BE IN WRITING No modification or waiver of any of the terms hereof shall be valid unless in writing and signed by both parties. 1.17. AGREEMENT BINDING ON HEIRS This Agreement shall be binding and shall inure to the benefit of the parties hereto and their respective heirs, executors, administrators, successors and assigns. 1.18. NO WAIVER OF DEFAULT This Agreement shall remain in full force and effect unless and until terminated under and pursuant to the terms of this Agreement. The failure of either party to insist upon strict performance of any of the provisions of this Agreement shall in no way affect the fight of such party hereafter to enforce the same in the future, nor shall it be construed as a waiver of strict performance of any other obligations herein, nor shall it be construed as a waiver of any subsequent default of the same or similar nature. 1.19. BREACH If for any reason either Husband or Wife fails to perform his or her obligations owed to or for the benefit of the other party and/or otherwise breaches the terms of this Agreement, then the other party shall have the following rights and remedies, all of which shall be deemed to be cumulative and not in the alternative, unless said cumulative effect would have an inconsistent result or would result in a windfall of the other party: Specific Performance: The right to specific performance of the terms of this Agreement, in which event the non-breaching party shall be reimbursed for all reasonable attorney's fees and costs incurred as the result of said breach and in bringing the action for specific performance. Damages: The fight to damages arising out of breach of the terms of this Agreement, which damages shall include reimbursement of all reasonable attorney's fees and costs incurred as the result of the breach and in bringing the damage action· Divorce Code Remedies: The right to all remedies set forth in Section 3502(e) of the Pennsylvania Divorce Code, 23 PA. C.S.A. 3502(e), and any additional rights and remedies that may hereafter be enacted by virtue of the amendment of said statute or replacement thereof by any other similar laws. D. Other Remedies: Any other remedies provided for in law or in equity. -7- Considerations for Reasonable Attorneys Fee,c: Any award of "reasonable attorneys fees" as used in this paragraph shall be based on consideration of (1) the hourly rate charged; (2) the services rendered; and (3) the necessity of the services rendered. Determination of reasonableness shall not take into consideration the amount or nature of thc obligation sought to be enforced or any possibility of settlement for less than the obligation sought to be enforced by the non-breaching party. 1.20. MANNER OF GIVING NOTICE Any notice required by this Agreement shall be sent to a party at the address listed on page 1 above, or such other address as that party may from time to time designate. 1.21. INTEGRATION This Agreement constitutes the entire understanding of the parties and supersedes any and all prior agreements and negotiations between them. There are no representations or warranties other than those expressly set forth herein. 1.22. SEVERABILITY If any term, condition, clause or provision of this Agreement shall be determined or declared to be void or invalid in law or otherwise, then only that term, condition clause or provision shall be stricken from this Agreement and in all other respects this Agreement shall remain valid and continue in full force, effect and operation. Likewise, the failure of either party to meet his or her obligations under this Agreement under any one or more of the paragraphs hereunder, with the exception of the satisfaction of a condition precedent, shall in no way avoid or alter the remaining obligations of the parties. 1.23. SOCIAL SECURITY BENEFITS The parties agree that, subject to the Rules and regulations of the Social Security Administration, each of the parties shall continue to be eligible for Social Security benefits to which he or she would ordinarily be qualified as a party to a divorce after a marriage often (10) years or more in duration, if the parties' marriage is determined to be often (10) or more years in duration. 1.24. LAW OF PENNSYLVANIA APPLICABLE This Agreement shall be construed in accordance with the laws of the Commonwealth of Pennsylvania. 1.25...HEADINGS NOT PART OF AGREEMENT Any headings preceding the text of the several paragraphs and subparagraphs hereof, are inserted solely for convenience of reference and shall not constitute a part of this Agreement nor shall they -8- affect its meaning, construction or effect. END OF SECTION I -9- SECTION II DISTRIBUTION OF PROPERTY 2.01. FINAL EQUITABLE DISTRIBUTION OF PROPERTY The parties agree that the division of all property and debts set forth in this Agreement is equitable and in the event an action in divorce has been or is hereafter commenced, both parties waive and relinquish the right to divide and distribute their assets and debts in any manner not consistent with the terms set forth herein and further waive and relinquish the right to have the Court equitably divide and distribute their marital assets and debts. It is further the intent, understanding and agreement of the parties that this Agreement is a full, final, complete and equitable property division. 2.02. AFTER-ACQUIRED PROPERTY Each of the parties shall hereafter own and enjoy, independently of any claim or right of the other, all property, tangible or intangible, real, personal or mixed, acquired by him or her, since October 20, 2000, the date of the parties' marital separation, with full power in him or her to dispose of the same as fully and effectively, in all respects and for all purposes, as though he or she were unmarried and each party hereby waives, releases, renounces and forever abandons any right, title, interest and claim in and to said after acquired property of the other party pursuant to the terms of this Paragraph. 2.03. WAIVER OF INHERITANCE Each of the parties hereto does specifically waive, release, renounce and forever abandon any fight, title, interest and claim, if any, either party may have in and to any inheritance of any kind or nature whatsoever previously, or in the future, received by the other party. 2.04. AS IS CONDITION Except as otherwise specifically herein provided, and with respect to the transfer of any tangible assets provided for in this Marital Agreement, the parties acknowledge that he or she have had the opportunity to inspect and view the assets that he or she is to receive as his or her sole and separate property and he or she is fully aware of the condition of such tangible asset and is receiving those assets in "as is" physical condition, without warranty or representation by or from the other party. 2.05. PERSONAL PROPERTY With respect to the tangible personal property of the parties including, but without limitation with specific reference to,jewelry, clothes, furniture, furnishings, rugs, carpets, household equipment and appliances, tools, pictures, books, works of art and other personal property ("the Personal Property"), the parties agree as follows: - 10- Division: Husband and Wife do hereby acknowledge that they have previously divided the Personal Property. Hereafter Wife agrees that all of the Personal Property in the possession of Husband shall be the sole and separate property of Husband; and Husband agrees that all of the Personal Property in the possession of Wife shall be the sole and separate property of Wife. Bo Waiver: The parties do hereby specifically waive, release, renounce and forever abandon whatever claims, if any, he or she may have with respect to the Personal Property which shall become the sole and separate property of the other. 2.06. VEHICLES, BOATS AND THE LIKE With respect to the vehicles, boats, snowmobiles, motorcycles and the like owned by one or both of the parties, or the trade in value thereof, ("the Vehicles") if the Vehicles have been sold or traded in prior to the date of this Agreement, the parties agree as follows: Wife's Vehicle(s): The 1999 Chevrolet Malibu shall be the sole and separate property of Wife. Husband's Vehicle(s): The 1997 Pontiac Grand Am shall be the sole and separate property of Husband. Identification: Identification of a Vehicle herein shall include not only the Vehicle, but also the sale or trade-in value thereof if it had been sold or traded in prior to the date of this Agreement. Transfer of Titles: The titles to the Vehicles shall be executed by the parties, if appropriate, for effectuating transfer as herein provided on the date of execution of this Agreement and said executed titles shall be delivered to the proper party on the distribution date. Title and Power of Attorney: For purposes of this Paragraph the term "title" shall be deemed to include "power of attorney" if the title to the Vehicle is unavailable due to financing arrangements or otherwise. Liens: In the event any Vehicle is subject to a lien or encumbrance the party receiving the Vehicle as his or her property shall take it subject to said lien and/or encumbrance and shall be solely responsible therefor and said party further agrees to indemnify, protect and save the other party harmless from said lien or encumbrance. -11- Waiver: Each of the parties hereto does specifically waive, release, renounce and forever abandon whatever right, title and interest they may have in the Vehicles that shall become the sole and separate property of the other party pursuant to the terms of this Paragraph. 2.07. REAL ESTATE SALES PROCEEDS The parties previously sold their marital home known and numbered as 149 Susquehanna Avenue, Enola, PA, from which they received net proceeds of $37, 913.07, currently held by Wife's Attorney. The parties agree that those net proceeds shall be divided and distributed $24,000.00 to Wife and $13,913.07 to Husband. The parties direct and authorize Wife's attorney to make that distribution as soon as the check for those proceeds clears and is available for distribution. 2.08. RETIREMENT AND PENSION PLANS Each of the parties does specifically waive, release, renounce and forever abandon all of their right, title, interest or claim, whatever it may be, in any Pension Plan, Retirement Plan, IRA Account, Profit Sharing Plan, 401-K Plan, Keogh Plan, Stock Plan, Tax Deferred Savings Plan, any employee benefit plan and/or other retirement type plans of the other party, whether acquired through said party's employment or otherwise, ("the Retirement Plans"). Hereafter the Retirement Plans shall become the sole and separate property of the party in whose name or through whose employment said plan or account is held or carried. If either party withdraws any sums from the Retirement Plans distributed to him or her pursuant to the terms of this Paragraph, that party shall be solely liable for any and all taxes and penalties resulting from that withdrawal. 2.09. BANK ACCOUNTS/STOCK/LIFE INSURANCE The parties acknowledge and agree that they have previously divided to their mutual satisfaction all of their bank accounts, certificates of deposit, bonds, shares of stock, investment plans and life insurance cash value, ("the Accounts"). Hereafter Wife agrees that all the Accounts held in the name of Husband shall become the sole and separate property of Husband; and Husband agrees that all the Accounts held in the name of Wife shall become the sole and separate property of Wife. Each of the parties does specifically waive, release, renounce and forever abandon whatever right, title, interest or claim, he or she may have in the Accounts that are to become the sole and separate property of the other pursuant to the terms hereof. 2.10. TAX PROVISIONS The parties believe and agree that the division of property made to be made pursuant to the terms of this Agreement is a non-taxable division of property between co-owners rather than a taxable sale or exchange of such property. Each party promises not to take any position with respect to the adjusted basis of the property assigned to him or her or with respect to any other issue which is inconsistent with the terms of this Paragraph on his or her applicable federal or state income tax - 12- returns. END OF SECTION II - 13- SECTION III DISTRIBUTION OF DEBTS 3.01. WIFE'S DEBTS Wife represents and warrants to Husband that since the parties' marital separation she has not contracted or incurred any debt or liability for which Husband or his estate might be responsible. Wife further represents and warrants to Husband that she will not contract or incur any debt or liability after the execution of this Agreement for which Husband or his estate might be responsible. Wife shall indemnify and save Husband harmless from any and all claims or demands made against him by reason of debts or obligations incurred by her. 3.02. HUSBAND'S DEBTS Husband represents and warrants to Wife that since the parties' marital separation he has not contracted or incurred any debt or liability for which Wife or her estate might be responsible. Husband further represents and warrants to Wife that he will not contract or incur any debt or liability after the execution of this Agreement for which Wife or her estate might be responsible. Husband shall indemnify and save Wife harmless from any and all claims or demands made against her by reason of debts or obligations incurred by him. 3.03. MARITAL DEBTS During the course of the marriage, Husband and Wife have incurred certain bills and obligations and have amassed a variety of debts, identified on Exhibit "A", incorporated by reference hereto ("the Marital Debts"), and it is hereby agreed, without ascertaining for what purpose and to whose use each of the Marital Debts were incurred, the parties agree as follows: General Provision: Any debt herein described shall be deemed to include the current balance owed on the debt. Unless otherwise herein specifically provided, there shall be no adjustment for the payment of any portion of the Marital Debts that a party may have made prior to the execution of this Marital Agreement, whether or not that debt is specifically referenced in this Paragraph. B. Wife's Debts: Wife shall be solely responsible for the following bills and debts: Other Debts: Any and all other debts, liabilities, obligations, loans, credit card accounts, and the like incurred in Wife's sole name, and not otherwise provided for herein. B. Husband's Debts: Husband shall be solely responsible for the following bills and - 14- debts: Taxes from Withdrawal of Retirement Funds: Any and all taxes resulting from his withdrawal of funds from Husband's Retirement Plans as provided in this Agreement, including but not limited to the previous withdrawal of the funds from Husband's IRA account. Other Debts: Any and all other debts, liabilities, obligations, loans, credit card accounts, and the like incurred in Husband's sole name, and not otherwise provided for herein. Indemnification: Each party agrees to hold the other harmless from any and all liability which may arise from the aforesaid bills which pursuant to the terms herein are not the responsibility of the other party. Cancellation of Joint Debts: Any joint debt shall be canceled so that neither party can make any further charges thereunder, and if said charges are made in violation of this Agreement, then the party incurring said charge shall immediately repay the same. Non-Disclosed Liability: Any liability not disclosed in this Agreement shall be the sole responsibility of the party who has incurred or may hereafter incur it, and the party incurring or having incurred said debt shall pay it as it becomes due and payable. No Further Joint Debt: From the date of this Agreement, each party shall only use those credit accounts or incur such further obligations for which that party is individually and solely liable and the parties shall cooperate in closing any remaining accounts which provide for joint liability. 3.04. INDEMNIFICATION Any party assuming an obligation pursuant to the terms of this Agreement shall indenmify, protect and hold the other party harmless from and against all any and all liability thereunder, including, but not limited to, any attorney's fees and costs incurred by the other party as the result of defending against the obligation and/or enforcing the provisions of this indemnification. END OF SECTION III -15- SECTION IV COUNSEL FEES, ALIMONY, APL, SPOUSAL SUPPORT, CHILD CUSTODY, CHILD SUPPORT, HEALTH INSURANCE, AND INCOME TAX PROVISIONS 4.01. WAIVER OF COUNSEL FEES The parties hereto agree and do hereby waive any right and/or claim each may have, both now and in the future, against the other for counsel fees, costs and expenses. 4.02. ALIMONY~ APL AND SPOUSAL SUPPORT The parties hereto agree and do hereby waive any right and/or claim they may have, both now and in the future, against the other for alimony, alimony pendente lite, spousal support and maintenance. 4.03. CHILD SUPPORT The parties acknowledge that there is an existing child support order entered in the Cumberland County Domestic Relations support action docketed to number 00609 S 2003, Pacses No.968105627. The parties agree that matters of support shall be governed by the order entered in that action as it may be amended from time to time and shall not be governed by the terms of this Agreement. 4.04. HEALTH INSURANCE The following shall apply regarding health insurance for either spouse: Health Insurance for Spouse: Any party carrying health insurance on the other party shall continue to provide health insurance coverage on the other party until the date of the entry of the Divorce Decree. The party for whom that health insurance is provided shall be entitled to elect Cobra coverage under the other party's employment policy in accordance with federal Rules and regulations provided that he or she shall be solely be responsible for the payment of the costs therefor. Be Health Insurance Documentation: Any party having the insurance coverage on the other party pursuant to the terms of this Paragraph shall be required to provide the other party with all documentation pertaining to the insurance including, but not limited to, medical insurance cards, benefit booklets, claim -16- submission forms and all statements pertaining to the determination of insurance coverage as to each claim made thereunder. 4.05. DEPENDENCY EXEMPTIONS Wife shall be entitled to claim the dependency exemption for the parties' child on her applicable tax returns. 4.06. CUSTODY The parties acknowledge that there is an existing custody order entered on July 23, 2003 in the above captioned case. The parties agree that matters of custody shall be governed by that order as it may be amended from time to time and shall not be governed by the terms of this Agreement. END OF SECTION IV -17- SECTION V CLOSING PROVISIONS AND EXECUTION 5.01. COUNTERPARTS This Agreement may be executed in counterparts, each of which shall be deemed to be an original, but all of which shall constitute one and the same agreement. 5.02. FACSIMII,E SIGNATURE Each party agrees to accept and be bound by facsimile signatures hereto. 5.03. BINDING EFFECT BY SIGNING THIS AGREEMENT, EACH PARTY ACKNOWLEDGES HAVING READ AND UNDERSTOOD THE ENTIRE AGREEMENT, AND EACH PARTY ACKNOWLEDGES THAT THE PROVISIONS OF THIS AGREEMENT SHALL BE AS BINDING UPON THE PARTIES AS IF THEY WERE ORDERED BY THE COURT AFTER A FULL HEARING. IN WITNESS WHEREOF, the parties hereto, intending to be legally bound hereby, have signed sealed and acknowledged this Agreement the day and year below written, which Agreement has been executed in various counterparts, each of which shall constitute an original. WITNESS: ROBERT G. FEGLE~ (SEAL) K. FEGLEY ~ (~ Date: (S]~^L) -18- COMMONWEALTH OF PENNSYLVANIA : : SS. COUNTY OF ~,a~ : On this the /~Tq~ day of ~ ,2004, before me the undersigned officer, personally appeared,ROBERTG~FEGLEY, known to me (or satisfactorily proven) toloe theperson whose name is subscribed to the within Agreement, and acknowledged that he executed the same for the purposes therein contained. IN WITNESS WHEREOF, I hereunto set my hand and notarial seal. NOTARY PUBLIC COMMONWEALTH OF PENNSYLVANIA : : SS. COUNTY OF fl~~,a~. : OOMI~NWEALTH OF PENNSYLVANIA 1 On this the /a/~/4~ day of t~zq.e~ ,2004, before me the undersigned officer, personally appeared, DEBRA K. FEGLEY, known to me (or satisfactorily proven) to be the person whose name is subscribed to the within Agreement, and acknowledged that she executed the same for the purposes therein contained. IN WITNESS WHEREOF, I have hereunto set my hand and notarial seal. NOTARY PUBLIC ROBERT G. FEGLEY, Plaintiff DEBRA K. FEGLEY, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 03-3418 Civil Term 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: Code. Ground for divorce: irretrievable breakdown under § 3301(c) of the Divorce 2. Date and manner of service of the Complaint: bv first class mail upon defendant's attorney, on July 25, 2003, Acceptance of Service filed in the Cumberland County Office of the Prothonotary on AuRust 4, 2003. 3. (a) Date of execution of the affidavit of consent required by § 3301(c) of the Divorce Code: by Plaintiff 4/12/04; Defendant 4/12/04. (b)(1) Date of execution of the Affidavit required by §3301(d) of the Divorce Code: (2) Date of filing and service of Plaintiff's Affidavit upon the Defendant: 4. Related claims pending: All economic claims have been settled by the parties i_n their Selmration and Property Settlement Al~reement dated April 12, 2004. 5. (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 Plaintiff's Waiver of Notice in § 3301(c) Divorce was filed with the Prothonotary: 4/15/04. Date Defendant's Waiver of Notice in § 3301(c) Divorce was filed with the Prothonotary _4/1~/04~ Attorney fo IN THE COURT OF COMMON PLEAS ROBERT G, FEGLEY, Plaintiff OF CUMBERLAND COUNTY STATE OF PENNA. 03-3418 Civil Term NO. VERSUS DEBRA K. FEGLEY, D¢~ndant. DECREE IN DIVORCE AND NOW, DECREED THAT ROBERT G. FEGLEY DEBRA K. FEGLEY AND 2OO4 ___, IT IS ORDERED AND , PLAINTIFF, ~, 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; None, PROTHONOTARY