Loading...
HomeMy WebLinkAbout03-3377AMY L. NOEL, VS. ROBERT E. NOEL, JR., Plaintiff Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW : NO. 2003- ~-/""] CIVILTERM : IN DIVORCE NOTICE 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 impor[ant 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, 17013. IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY, LAWYERS FEES OR EXPENSES BEFORE A DECREE OF 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 32 SOUTH BEDFORD STREET CARLISLE, PENNSYLVANIA 17013 (717) 249-3166 SAIDIS SHUFF, FLOWER & LINDSAY 26 W. Hish Street SAIDIS, SHUFF, FLOWER & LINDSAY Attorneys for Plaintiff By: · Undsay, Es~/uire 93 26 West High Street Carlisle, PA 17013 (717) 243-6222 SAIDIS SHUFF, FLOWER & LINDSAY Carlisle, PA AMY L. NOEL, VS. ROBERT E. NOEL, dR., Plaintiff Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW : NO. 2003-.~-~77 CIVILTERM : IN DIVORCE COMPLAINT AMY L. NOEL, Plaintiff, by her attorneys, SAIDIS, SHUFF, FLOWER & LINDSAY, respectfully represents: 1. The Plaintiff is AMY L. NOEL, who currently resides at 60 Hickorytown Road, Carlisle, Cumberland County, Pennsylvania, where she has resided since June 22, 2003. 2. The Defendant is ROBERT E. NOEL, JR., who currently resides at 92 B Fairview Street, Carlisle, Cumberland County, Pennsylvania, where he has resided since April 26, 2002. 3. The Plaintiff and Defendant both have been bona fide residents in the Commonwealth of Pennsylvania for at least six months immediately prior to the filing of this Complaint. 4. The Plaintiff and Defendant were married on March 16, 2002 in Carlisle, Cumberland County, Pennsylvania. 5. That there have been no prior actions of divorce or for annulment between the parties in this or in any other jurisdiction. 6. The Plaintiff avers that she is entitled to a divorce on the ground that the marriage is irretrievably broken and Plaintiff is proceeding under Sections 3301 (c) and/or (d) of the Divorce Code. 7. Plaintiff has been advised of the availability of marriage counseling and of the right to request that the Court require the parties to participate in marriage counseling, and does not request counseling. WHEREFORE, Plaintiff requests the Court to enter a decree of divorce. Date: SAIDIS, SHUFF, FLOWER & LINDSAY Attorneys for Plaintiff By: (~ro'l J.~U'n~ay, Esqui'Ce ID #4~ 26 West High Street Carlisle, PA 17013 (717) 243-6222 SAIDIS SHUFF, FLOWER & LINDSAY 26 W. High Street Carlisle, PA J U t 0 8 2003 VERIFICATION l, the undersigned, hereby verify that the statements made herein 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. v Date: SAIDIS SHUFF, FLOWER & LINDSAY 26 W. High Street AMY L. NOEL, VS. ROBERT E. NOEL, JR., Plaintiff Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBFRLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW : NO. 2C,03- ~ CIVIL TERM : IN DIVORCE PETITION FOR ALIMONY PP-NDENTE LITI- Now comes AMY L. NOEL, by and through her counsel, SAIDIS, SHUFF, FLOWER & LINDSAY, and petitions this Honorable Court as follows: 1. The parties hereto are husband and wife, having been joined in marriage on March 16, 2002. 2. The parties separated on or about June 21, 2003. 3. Petitioner is without the ability to eam income sufficient to meet her reasonable needs and to pay attorney's fees. WHEREFORE, Petitioner prays this Honorable Court to order alimony rite in an amount equal to the Pennsylvania State Support Guidelines and reasonable attorney's fees. SAIDIS SHUFF, FLOWER & LINDSAY 26 W. High Street Carlisle, PA SAIDIS, SHIJFF, FLOWER & LINDSAY Attorneys for Plaintiff By: / ' ' C~lrol ~,~i~ds~y, Esquire 26~Vest High Street Carlisle, PA 17013 (717) 243-6222 VERIFICATION I, the undersigned, hereby verify that the statements made herein are true and correct. I understand that false statements herein are made subject to the penaltie,, of 18 Pa. C.S. § 4904, relating to unsworn falsification to authorities. -/ Amy L. Noel SAIDIS SHUFF, FLOWER & LINDSAY 26 W. High $~reet Carlisle, PA DRS ATTACHMENT FOR APL PROCEEDINGS PETITIONER: DOB: ADDRESS: PHONE: A~'ORNEY: PETITIONER'S EMPLOYMENT: NET PAY: JOB TITLE: AMY L. NOEL 4/7/82 SSN: 60 HICKORYTOWN ROAD, CARUSLE, PA 17013 717-243-0915 CAROL J. LINDSAY, ESQUIRE DR. ERIC UNGER, DDS HOW LONG? SIX MONTHS $1400 APPROX PER MONTH DENTAL RECEPTIONIST OTHER INCOME: (INCLUDE AMOUNT AND SOURCE) NONE 168-66-3337 RESPONDENT: DOB: ADDRESS: PHONE: A'FTORNEY: NOT KNOWN RESPONDENT'S EMPLOYMENT: HOW LONG? NET PAY: $500.00 PER JOB TITLE: DOCK WORKER ROBERT E. NOEL, JR. 6/24/82 SSN: 172-68-0160 264 NORTH MIDDLESEX ROAD, CARLISLE, PA 17013 717-243-6947 OVERNIGHT TRANSPORTATION 3 YEARS WEEK OTHER INCOME: (INCLUDE AMOUNTAND SOURCE) WHEN MARRIED: 3/16/02 DATE SEPARATED: 6/21/03 WHERE: CARLISLE, PA 17013 WHERE LAST LIVED TOGETHER: 92 B FAIRVIEW STREET CARUSLE, PA 17013 FOR DRS INFORMATION ONLY AMY L. NOEL, Plaintiff/Petitioner VS. ROBET E. NOEL, JR., Defendan~Respondent IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - DIVORCE NO. 2003-3377 CIVIL TERM IN DIVORCE Pacses# 715105755 ORDER OF COURT AND NOW, this 4th day of September, 2003, upon consideratinn of the attached Petition for Alimony Pendente Lite and/or counsel fees, it is hereby directed that the parties and their respective counsel appear before R.J. Shadday on October Il 2002 at 9:00 A.M. for a conference, at 13 N. Hanover St., Carlisle, PA 17013, after which the conference officer may recommend that an Order for Alimony Pendente Lite be entered. YOU are further ordered to bring to the conference: (1) a tree copy of your most recent Federal Income Tax Retura, including W-2's as filed (2) your pay stubs for the preceding six (6) months (3) the Income and Expense Statement attached to this order, completed as required by Rule 1910.11© (4) verification of child care expenses (5) proof of medical coverage which you may have, or may have available to you IF you fail to appear for the conference or bring the required documents, the Court may issue a warrant for your arrest. BY THE COURT, George E. Hoffer, President Judge Mail copies on Petitioner 9-4-03 to: < Respondent Carol Lindsay, Esquire Date of Order: September4, 2003 ~. J. Shadday, Conference Officer YOU HAVE THE RIGHT TO A LAWYER, WHO MAY ATTEND THE CONFERENCE AND REPRESENT YOU. 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 MAY GET LEGAL HELP. CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVE. CARLISLE, PENNSYLVANIA 17Cq3 (717) 249-3166 CC361 SAIDIS SHUFF. FLOWER & LINDSAY 26 W. High Street Carlisle, PA YOU HAVE THE RIGHT TO A LAWYER, WHO MAY ATTEND THE CONFERENCE AND REPRESENT YOU. 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 MAY GET LEGAL HELP. CUMBERLAND COUNTY BAR ASSOCIATION 32 BEDFORD AVENUE CARLISLE, PA 17013 TELEPHONE: (717) 249-3166 AMERICANS WITH DISABILITIES ACT OF 1990 The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilities Act of 1990. For information a~out accessible facilities and reasonable accommodations available to disabled individuals having business before the Court, please contact our office. All arrangements must be made at least 72 hours prior to any hearing or business before the Court. You must attend the scheduled conference or hearing. SAIDIS SHUFF, FLOWER & LINDSAY 26W. High Street Carlisle, PA AMY L. NOEL, VS, ROBERT E. NOEL, JR., Plaintiff Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 2oo: - IN DIVORCE CIVIL TERM PETITION FOR ALIMONY PENDENTE LITE Now comes AMY L. NOEL, by and through her counsel, SAIDIS, SHUFF, FLOWER & LINDSAY, and petitions this Honorable Court as follows: 1. The parties hereto are husband and wife, having been joined in marriage on March 16, 2002. 2. The parties separated on or about June 21, 2003. 3. Petitioner is without the ability to eam income sufficient to meet her reasonable needs and to pay attorney's fees. WHEREFORE, Petitioner prays this Honorable Court to order alimony pendente lite in an amount equal to the Pennsylvania State Support Guidelines and reasonable attorney's fees. SAIDIS, SHUFF, FLOWER & LINDSAY Attomeys for Plaintiff C,a¥ol J}~_Jflds~y, Esquire 'D.__~93 ~ 26 West High Street Carlisle, PA 17013 (717) 243-6222 SAIDIS SHUFF, FLOWER & LINDSAY 26 W. High Street Carlisle, PA VERIFICATION I, the undersigned, hereby verify that the statements made herein 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. Amy L. Noel · DRS ATTACHMENT FOR APL PROCEEDINGS PETITIONER: DOB: ADDRESS: PHONE: ATTORNEY: AMY L. NOEL 4/7/82 SSN: 60 HICKORYTOWN ROAD, CARLISLE, PA 17013 717-243-0915 CAROL J. LINDSAY, ESQUIRE PETITIONER'S EMPLOYMENT: HOW LONG? NET PAY: $1400 APPROX DR. ERIC UNGER, DDS SIX MONTHS PER MONTH JOB TITLE: DENTAL RECEPTIONIST OTHER INCOME: (INCLUDE AMOUNT AND SOURCE) NONE 168-66-3337 RESPONDENT: DOB: ADDRESS: PHONE: ATTORNEY: NOT KNOWN RESPONDENT'S EMPLOYMENT: HOW LONG? NET PAY: $500.00 PER JOB TITLE: DOCK WORKER ROBERT E. NOEL, JR. 6/24/82 SSN: 172-68-0160 264 NORTH MIDDLESEX ROAD, CARLISLE, PA 17013 717-243-6947 OVERNIGHT TRANSPORTATION 3 YEARS WEEK OTHER INCOME: (INCLUDE AMOUNT AND SOURCE) WHEN MARRIED: 3/16/02 DATE SEPARATED: 6/21/03 WHERE: CARLISLE, PA 17013 WHERE LAST LIVED TOGETHER: 92 B FAIRVIEW STREET CARLISLE, PA 17013 FOR DRS INFORMATION ONLY SAIDIS SHUFF, FLOWER & LINDSAY 26 W. High SIreet Carlisle, PA AMY L. NOEL, VS. ROBERT E. NOEL, JR., Plaintiff Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW : NO. 2003 - '5'~'7 -] CIVIL TERM : IN DIVORCE PRAECIPE TO WITHDRAW To the Prothontary: Please withdraw the Plaintiff's Petition for Alimony Pendente Lite. Carol J. Lindsa~,,~=,~qu~r~~' Supreme Court {D 4~J~93 Saidis, Shuff, FIo'W~r & Lindsay 26 West High Street Carlisle PA 17013 Phone: 7'17.243.6222 Attorney for Plaintiff In the Court of Common Pleas of CUMBERLAND County, Pennsylvania DOMESTIC RELATIONS SECTION AMY SHIELDS Plaintiff ¥S. ROBERT E. NOEL JR Defendant ) Dockel Number ) ) PACSES Case Number ) ) Other State ID Number 03-3377 CIVIL 715105755 ORDER AND NOW, to wit on this 1ST DAY OF OCTOBER., 2003 IT IS HEREBY ORDERED that the O Complaint for Support or O Petition to Modify or (~) Other ALIMONY PENDENTE LETE filed on SEPTEMBER 4, 2003 in the above captioned matter is dismissed without prejudice due to: THE PLAINTIFF WITHDRAWING HER REQUEST FOR A~I ALIMONY PENDENTE LITE CONFERENCE. 0 The Complaint or Petition may be reinstated upon written application of the plaintiff petitioner. DRO: RJ Shadday xc: plaintiff d~fendant C~rol Lindsay, Esquire Jeanne Costopoulus, Esquire BY THE COURT: Edward E. Guido JUDGE Form OE-506 Service Type M Worker ID 21005 AMY L. NOEL, Plaintiff · IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA VS. ROBERT E. NOEL, JR., Defendant · CIVIL ACTION - LAW ' NO. 2003 - 33'77 CIVIL TERM · IN DIVORCE PROPERTY SETTLEMENT AND SEPARATION AGREEMENT THIS BETVVEEN referred to as hereinafter ref RECITALS: 3bert E. Noel, Jr., of Cumberland County, Pennsylvania, hereinaftel Husband, AND Amy L Noel, of Cumberland County, Pennsylvania~ .~rred to as Wife. R.I: 'he parties hereto are husband arid wife, having bee~.joi~d ir marriage on, arch 16, 2002, in Carlisle, Cumberland County, '""" ' ~ Pennsylva~; and-- R.2: of Cumberlan and R.3: financial and between then spousal supp( R4: Complaint for Divorce has been filed in the Court of Corr~.~_'~n p~., County, Pennsylvania, to a Docket Number 2003-3377, he parties hereto desire to settle fully and finally their respective 'operty rights and obligations including, but not limited, of all matters relating to the ownership of real and personal property, claims for , alimony, alimony pendente lite. e parties also desire to settle their issues of counsel fees and costs, and the settling of any and all claims and possible claims against the other or against their respective estates. NOW ;THEREFORE, in consideration of the covenants and promise hereinafter to:be mutually kept and performed by each party, as well as for othe good and vah ~able consideration and intending to be legally bound, it is agreed a~ follows: (1) hereafter to li~ agreement. (2) ~EPARATION: It shall be lawful for each party at all time,, ~ separate and apart from the other path/at such place or places as h, or she from ti~ ne to time may choose or deem fit, free from any control, restraint interference fr(~m the other. Neither party will molest the other or endeavor to compe the other to ~habit or dwell with him or her by any legal or other proceeding. Each party shall be ~ee of the interference, authority or contact by the other as if he or she was single an1 unmarried except as maybe necessary to carry out the terms of thi I~IVORCE: The parties acknowledge that the marriage is irretrievably broken an( that they will s~ divorce action. Affidavit of Con (3) R with improvem~ cure a mutual consent no-fault divorce decree in the above-captione( On or about October 15th, 2003, the 13arties shall execute and file an sent and Waiver of Notice Forms, necessary to finalize said divorce. ---AL PROPERTY: The parties are the owners of certain real estate ,nts thereon erected and known and numbered as 92 B Fairview Street, Cadis sale at a prio listing price, parties will irt the encumbn estate agent, The parties amount to pa transfer the proceeds, the Pendin~ mortgage payr maintain the parties will in, their failure to Upon e the marital ho (4) DEl A. IV are no other o other might be i. A 9, Pennsylvania. The parties will immediately list the marital home far to be agreed upon. In the event that the parties can not agree on ~ey will take the advice of their real estate agent in this regard. Th nediately sell the house for any offer, which will pay the cost of sale an~ nce on the property. If the parties can not otherwise agree on a rea hey will use Trisha Negley at Coldwell Banker in Carlisle, Pennsylvania lay agree, should they not be able to sell the property for sufficien ' off the liens, that they will equally share any loss incurred in order i 'operty. Similarly, in the event that the property sells and there al ~arties will equally divide the proceeds;. the sale, the parties will equally divide the cost of the month ~ent, taxes, insurance and Husband will pay any utility bills incurred t 'operty for showing pending sale. With regard to such expenses th ,~mnify one another and hold the other harmless against any loss for 3ake such payments. ecution of this agreement by wife, husband will provide to her a key to e. r: ARITAL DEBT: Husband and Wife acknowledge and agree that there Jtstanding debts and obligations which are marital or for which the able incurred prior to the signing of this Agreement, except as follows: 3ersonal loan incurred by wife. ii. iii. wheeler by m by the creditor 2: her 1999 For, amount require further agrees demands mad B: incurred any incurred said name in which Husband's personal loan of approximately $2,000.00 and secured by lis 401(k). H~ Jsband's obligation secured by a 2002 Mustang. V~ ife's obligation secured by a 1999 Fon-I Explorer. H Jsband's obligation secured by a four 114) wheeler. {usband shall pay the obligations secured by his 401(k) Plan and the zl ~king timely monthly payments in least the minimum amount required until paid in full. fife shall pay the obligations to her personal loan and for the lien on Explorer by making timely monthly payments in at least the minimum by the creditors until paid in full. ch party shall pay the outstanding debts as set forth herein and o indemnify and save harmless the other from any and all claims an( against either of them by reason of such debts or obligations. ~)et Separation Debt: In the event that either party contracted o .~bt since the date of separation on June 22, 2003, the party who ebt shall be responsible for the payment thereof regardless of the he debt may have been incurred. C: contract or incu estate might be Fixture Debt: From the date of this agreement neither party shall · any debt or liability for which the other party or his or her property or responsible and shall indemnify and save the other party harmless from any and obligations in( (s) he or she ma, party. Within any docume~ party's name' assume full re party, and sh~ Husband shall Explorer. Husl (6) agree that ti' furnishings, ap and they mutu~ sole and sepa whether said hereto. This each party to each of the pa~ (7) ~N relinquishes an all claims or demands made against him or her by reason of debts Or :urred by the other party I~tOTOR VEHICLESl Each party relinquishes any right, title and intere.. , have to any and all motor vehicles currently in possession of the oth ten (10) days of the date of this agreement each party shall execu Is necessary to have said vehicles preperly registered in the othe vith the Pennsylvania Department of Transportation. Each party shal 3onsibility of any encumbrance on the motor vehicle received by saic hold harmless and indemnify the other party from any loss thereon ~tain the 2002 Mustang and wife shall retain her premarital 1999 Fort ~and will retain the Four Wheeler. ANGIBLE PERSONAL PROPERTY: The parties hereto mutuall have effected a satisfactory division of the furniture, househol~ lances, tools and other household personal property between ther ~lly agree that each party shall from ~nd after the date hereof be the 'ate owner of all such property pre.,ently in his or her possession roperty was heretofore owned jointly or individually by the parties reement shall have the effect of an assignment or bill of sale from other for such property as may be in the individual possession of es hereto. TANGIBLE PERSONAL PROPERTY: Each party hereby right, title or interest he or she may have in or to any intangible personal pro party, includi~ retirement ac plans, pensiol (8) WAIVI and assets st claim he or alimony and; (9) been notified been providec represented b husband is acknowledges equitable, and such advice ar execution of th that it is not the shall pay his or his or her behal' (12) Al )erty currently titled in the name of or in the possession of the other g, but not limited to, stocks, bonds, insurance, bank accounts, individu counts, employment benefits including retirement accounts, savir plans, stock plans, 401K plans and the like. ~LIMONY: R OF ALIMONY: The parties acknowledge that each has inco~ :isfactory to his and her own reasonable needs. Each party waives ar le may have one against the other for alimony, spousal support o~ imony pendente lite. ~DVlCE OF COUNSEL: The parties hereto acknowledge that each has f his or her right to consult with counsel of his or her choice, and hav a copy of this agreement with which to consult with counsel, Wife i Carol J. Lindsay, Esquire, Saidis, Shuff, Flower & Lindsay and 3resented by Jeanne B. Costopoulos, Esquire· Each party ~nd accepts that this agreement is, under the circumstances, fair an( :hat it is being entered into freely and voluntarily after having receive( d with such knowledge as each has sought from counsel, and the agreement is not the result of any duress or undue influence, and ~sult of any improper or illegal agreement or agreements· Each party her own attorney for all legal services rendered or to be rendered on )DITIONAL INSTRUMENTS: Each of the parties shall from time to time, at the any and all effect to the I: (13) Both parties tax is propos, will indemnify any such tax incurred Jn co~ solely and enl misrepresenta income on the this Agreeme reaffirm any bankruptcy al hereunder, the and void and' marital assets shall be subjecl entered into. ~quest of the other, execute, acknowledge and deliver to the other party rther instruments that may be reasonably required to give full force ar rovisions of this Agreement. INCOME TAX: The parties have heretofore filed joint Federal and State Tax retum~ ~gree that in the event any deficiency in Federal, state or local incom d, or assessment of any such tax is made against either of them, eacl and hold harmless the other from and against any loss or liability fo deficiency or assessment and any interest, penalty and expense mection therewith. Such tax, interest, penalty or expense shall be pale rely by the individual who is finally determined to be the cause of the :ions or failures to disclose the nature and extent of his or her separate aforesaid joint returns. 14) BANKRUPTCY: The parties hereby agree that the provisions of shall not be dischargeable in Bankruptcy and expressly agree to ~d all obligations contained herein. In the event a party files such pursuant thereto obtains a discharge of any obligations assumed other party shall have the right to declare this Agreement to be null terminate this Agreement in which event the division of the parties' ~nd all other rights determined by this Agreement including alimony to court determination the same as if this Agreement had never been (15) represent, ac is familiar wit and income ¢ or estate of t~ full and corn income and Agreement is (16) that each of under this ,~ compulsion 1 {17) hereby releas execution her~ the parties her full settlement past, present alimony pend~ marital propert been raised or (18) COMPLETE DISCLOSURE: The parties do hereby warrant, (nowledge and agree that each is full!/and completely informed of, an 3, the wealth, real and personal property, estate and assets, earning f the other and has made any inquiry he or she desires into the incom other and received any such information requested. Each has made; ete disclosure to the other of his and her entire assets, liabilitie,~ ;xpenses and any further enumeration or statement thereof in thi: 3eciflcally waived. IGHTS AND RESPONSIBILITIES: Husband and Wife acknowledg{ hem has read and understand his and her rights and responsibilitie reement and that they have executed this Agreement under n, ]o so but as a voluntary act. "ULL SETTLEMENT: Except as herein otherwise provided, each par1 ;s the other from any and all claims, or demands up to the date ,of. It is further specifically understood and agreed by and betweer ;to that each party accepts the provisions herein made in lieu of and tnd satisfaction of any and all of said party's rights against the other for and future claims on account of .'support, maintenance, alimony, nte lite, counsel fees, costs and expenses, equitable distribution of and any other claims of the party, including all claims which have 3ay be raised in an action for divorce. RELEASE OF ALL CLAIMS: Except as may be otherwise specifically 8 provided in this Agreement, Husband and Wife, for themselves, their heir.~ representatiw ~s and assigns, each hereby forever releases, remises, discharges an~ quitclaims th{ other, and such other's heirs, representatives, assigns and estate, fron and with resp, ;ct to the following: contributions ~d other, whethei nature of cour now owned or deceased spc Pennsylvania G (2) (3) r~d (4) All liability, claims, causes of action, damages, costs expenses or demands whatsoever' in law or in equity; All rights, title, interest or claims in or to any property of th( real, personal or mixed and whether now owned or hereafter acquired; ;. All rights of courtesy and dower and all claims or rights in the esy and dower; All widow or widower's rights; All right, title, interest or claim in or to the other's estate, whether ereaffer acquired, including but not limited to all rights or claims: to take against the other's will; under the laws of intestacy; to a family exemption or similar allowance; all other rights or authority to participate or intervene in a use's estate in any way, whether arising under the laws of any other country, territory, state or political subdivision. All rights or claims to any accounting; All rights, claims, demands, liabilities and obligations arising out 9 of or in conr whether real, under the pr amended fror by any other has, or may ~ (19) of the Comr determined t( force and eft{ (20) parties shall in a court of incorporated b or decree an( absolute divor (21) Agreement, h the Agreemen party, in the e~ ection with the marital relationship or the joint ownership of property, )ersonal or mixed; -I. All rights, claims, demands, liabilities and obligations arisin. 3visions of the Pennsylvania Divorce Code, as the same may b, 3 time to time, and under the provisions of any similar statute enacte~ ountry, state, territory or political subdivision; All rights, claims, demands, liabilities and obligations each party nov reafter have, against or with respect to the other. .~OVERNING LAW: This Agreement shall be construed under the lay onwealth of Pennsylvania. If any provision of this Agreement be invalid or unenforceable, all other provisions shall continue in ft :t. NCORPORATION INTO DECREE: In the event that either of th~ cover a final judgment or decree of absolute divorce against the othel competent jurisdiction, the provisions of this Agreement may be reference or in substance but shall not be merged into such judgment this Agreement shall survive any such final judgment or decree of and shall be entirely independent thereof. lEACH: In the event that either pady breaches any provision of this or she shall be responsible for any and all costs incurred to enforce including, but not limited to, court cost and counsel fees of the other ;nt of breach, the other party shall have the right, at his or her election l0 to sue for may be avail (22) understandi~ representatic those herein (23) shall bind the IN WI' have hereun' WITNESS: wages for such breach or to seek such other and additional remedies a~s ble to him or her. ENTIRE UNDERSTANDING: This Agreement constitutes the entir between the parties and there are no covenants, condition.. s, or agreements, oral or written, of any nature whatsoever, other th; :ontained. ~,GREEMENT BINDING ON PARTIES AND HEIRS: This Agreeme ~arties hereto, their respective heirs, executors and assigns. ['NESS WHEREOF, the parties hereto intending to be legally boun( set their hands and seals the day and year first wdtten above. Amy L. I~loej' AMYL. NOEL, ROBERT E. NOEL UI 1. A Con July 2. The m~ days h 3. I conse intentic Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA VS. Defendant : CIVIL ACTION - LAW : NO. 2003 - 33'77 CIVIL TERM : IN DIVORCE PLAINTIFF'S AFFIDAVIT OF CONSENT ;)ER SECTION 3301(c) OF THE DIVORCE CODE AND WAIVER OF COUNSELING )laint in Divome under §3301(c) of the Divorce Code was filed on 2003. rriage of plaintiff and defendant is irretrievably broken and ninety ~ve elapsed from the date of filing and service of the Complaint. nt to the entry of a final Decree in Divorce after service of notice of to request entry of the Decree. I vedfy lat the statements made in this Affidavit are true and correct to the best of my knowledge, information and belief. I understand that false statem, ;nts herein are made subject to the penalties of 18 Pa.C.S. 4904 relatinglto unsworn falsification to authorities. Date: ~ Signaturel} ~[ } ~ ~0~,,. - Arng0_. hoel AMY L. NOEL, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA VS. ROBERT E. NOEL, JR., Defendant I UNDI: 1. A Compla July 15, 2, 2. The marri; 4. I verify tha understan, Pa.C.S. ~ Date: · CIVIL ACTION - LAW · NO. 2003 - 3377 CIVIL TERM : IN DIVORCE )EFENDANT'S AFFIDAVIT OF CONSENT .R SECTION 3301(c) OF THE DIVORCE CODE AND WAIVER OF COUNSELIN(3 int in Divorce under Section 3301 (c) of the Divorce Code was filed on )03. ~ge of the Plaintiff and Defendant is irretrievably broken and ninety days have elapsed from the date of the filing and service of the Complaint· I consent ~ the entry of a final decree of divorce after service of notice of intention t+ request entry of the decree. l the statements made in this Affidavit are true and correct. I that false statements herein are made subject to the penalties of 18 904 relating to unsworn falsification to authorities. ~ ~ Signature: bert E. ~-oel, 3~ ' t~ AMY L. NOEL, ROBERT E. NOEL, jR., Plaintiff Defendant : IN THE COUR~r- OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION ~ LAW · NO. 2003 - 3377 CIVIL TERM : IN DIVORCE PLAINITF I cons6 I under lawyer': I under the Cot it is file( I verify best of statem relatin¢ Date:_] F'S WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER §3301(c) OF THE DIVORCE CODE nt to the entry of a final Decree of Divorce without notice. ;tand that I may lose rights concerning alimony, division of property, fees or expenses if I do not claim them before a divorce is granted. ;tand that I will not be divorced until a Divorce Decree is entered by rt and that a copy of the Decree will be sent to me immediately after I with the Prothonotary. :hat the statements made in this Affidavit are true and correct to the my knowledge, information and belief. I understand that false nts herein are made subject to the penalties of 18 Pa.C.S. 4904 to unsworn falsification to authorities. % Signature:(.~ J~l ~- ~ A~](IL. Noel, Plaintiff AMY L. NOEL, Plaintiff VS, ROBERT E. NOEL, !JR., Defendant DEFEI TO UNDE 1. I consent 2. I understa lawyer's f{ 3. I understa Court and filed with t 4. I veri~ tha understan, Pa.C.S. §~ Dated: : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW : NO. 2003 - 3377 CIVIL TERM : IN DIVORCE IDANT'S WAIVER OF NOTICE OF INTENTION REQUEST ENTRY OF A DIVORCE DECREE R SECTION 3301{c) OF THE DIVORCE CODF :o the entry of a final decree of divorce without notice. nd that I may lose rights concerning alimony, division of property, ~es, or expenses if I do not claim them before a divorce is granted. id that I will not be divorced until a divorce decree is entered by the that a copy of the decree will be sent to me immediately after it is ~e Prothonotary. l the statements made in this Affidavit are true and correct. I that false statements herein are made subject to the penalties of 18 ;)04 relating to unsworn falsification to authorities. l~5~-~/d'/~ Signature: -/~1~'~ ~ ~ Robert E. Noel, J~. / SAIDIS SHUFF, FLOWER & LINDSAY 26 W. High $1reet Carlisle, PA AMYL. NOEL, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, vs. : CIVIL ACTION - LAW !~ : NO. 2003- 3377 ROBERT E. Nf3EL, JR., : Defendant : IN DIVORCE PRAECIPE TO TRANSMIT RECORD CIVIL TERM To the Prothonotary: Transrflit the record, together with the following information, to the court for entry divorce decre 1. Ground for divorce: irretrievable breakdown under Section 3301(c) of the Divorce S, ode. (Strike out inapplicable section),. 2. Date and manner of service of the complaint: Defendant was served via Uni States Mail, R gturn Receipt Requested, Restricted Delivery on July 15, 2003 by signing Domestic Retg rn Receipt on that date. See proof of serMce attached. 3. (Complete either paragraph (a) or (b)). (a) Date of execution of the Affidavit of Consent required by Section 3301(c) of the Divorce Code: by the Plaintiff October 15, 2003; by the Defendant October 15, 200_3. Date of filing of Plaintiff's and the Defendant's Affidavits of Consent: October 15, 2003. 4. Related claims pending: Resolved by Marital Settlement October 10, 2003. 5. ,3omplete either (a) or (b). ia) Date and manner of service of the notice of intention to file praecipe to transmit record, a copy of which is attached: lb) Date Plaintiffs Waiver of Notice in 3301(c) Divorce was executed: October 15, 2003. Date Plaintiff's Waiver of Notice in 3301(c) Divorce was filed with the Prothonotary: October 15, 2003. Date Defendant's Waiver of Notice in 3301(c) Divorce was October 15, 2003. Date Defendant's Waiver of Notice in 3301 was filed with the Prothono~ry: CaroI-J. Li~,::l.~y, ~E-~ uire L'", Saidis, Shu Flf,~e'wer & Lindsay 26 West High Street Carlisle PA 17013 Phone: 717'.243.6222 Attorney for Plaintiff SAIDIS SHUFF, FLOWER & LINDSAY 26 W. High Street Carlisle, PA AMY L. NOEL ROBERT E. VS. )EL, JR., Plaintiff Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANI,~ : CIVIL ACTION - LAW : NO. 2003- 3377 CIVIL TERM ~ : IN DIVORCE PROOF OF SERVICE · Comple Item 4 i · Pflnt ye so that · Attach l or on 2. Article N (T,'ar~fer PS Form 3 :e items 1, 2, and 3. Also complete Restricted Delivery is de~imd. Jr name and address on the reverse ye can return the card to you. lis card to the back of the mailplece, 3 front if space permIts. Idressed to: · "Certlfied Meil rn~.E~ss Mall 4, Reetrlct~d Dellvmy? (Extra Fee) Et.O'[ DODO 09~'0 200/.. 911, Aught 2ool IN THE COURT Of COMMON PLEAS OF CUMBERLAND COUNTY STATE OF AMY L. NOEL Plaintiff VERSUS ROBERT E. NOEL, 3R. Defendant AND NOW DECREED THAT AND ARE DIVORCED Fi THE COURT RI SEEN RAISED OF YET SEEN ENTER None. The tez~ October 10, 20( DECREE IN PENNA. DIVORCE 2003 - 3377 ORDERED AND , PLAINTIFF, , DEFENDANT, AMy L. NOEL ROBERT E. NOEL, JR. THE SONDS OF MATRIMONY. ~TAINS JURISDICTION OF THE FOLLOWING CLAIMS WHICH HAVE RECORD IN THIS ACTION FOR WHICH A FINAL ORDER HAS NOT ED; ~s of the Property Settlement Agreement dated, are incorporated but not merged. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff : Vs Defendant : N_OTICE TO RESUME PRIOR SURNAM ~; Notice is hereby given that the Plaintiff/defendant in the above matter, [select one l~y mark/ng '~,,j ~ prior to the entry of a Final Decree in Divorce, or ~ after the entry of a Final Decree in D!vorce dated ~_t~00 hereby elects to resume the prior surname of ~¥'~ I ~' ~ t~l ~,- ~ and gives this written notice avowing his / her intention pursu t to the pro,' ions 0(54 P.S. 704· On the ~_J_~day of~~ 200_.~ before me, the Prothonotary or the notary public, personally appeared the above affiant known to me · · . . to be the person whose name ~s subscribed to the w~th/n document and acknowledged that he / she executed the foregoing for the purpose there/n conta/ned. In Witness Whereof, I have hereunto set my hand hereunto set my hand and official seal. NOTARIAL SEAL CLAUDIAA. BREWBAKER NOTARYPIJBLIC Ca'lisle Boro, Cumberland County MY Commission Expires April 4, 2005 Notary Public SAIDIS SHUFF. FLOWER & LINDSAY 2§W. High SKeet Carlisle, PA AMY L. NOEL, VS. ROBERT E. NOEL, JR., Plaintiff Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : : CIVIL ACTION - LAW : NO. 2003 - 3377 CIVIL TERM : : IN DIVORCE PETITION TO ENFORCE PROPERTY SETTLEMENT AND SEPARATION AGREEMENT NOW comes Amy L. Noel, Plaintiff by and through her attorneys, Saidis, Shuff, Flower & Lindsay, P.C., and petitions this Honorable Court as follows: 1. The parties hereto were husband and wife and were divorced by Decree on October 24, 2003. 2. Incorporated but not merged into the Decree in Divorce was a Property Settlement and Separation Agreement dated October 10, 2003. A copy of the Property Settlement and Separation Agreement is attached hereto as Exhibit "A". 3. Paragraph 3 of the parties' agreement called for them to sell a townhouse. "Pending the sale, the parties will equally divide the cost of the monthly mortgage payment, taxes, insurance and Husband will pay any utility bills incurred to maintain the property for showing pending sale." 4. The parties' townhouse was sold in March 2004. 5. Prior to the sale Petitioner provided Respondent $334.00 which represented her one half (1/2) of the March payment. However, the SAIDIS SHUFF, FLOWER & LINDSAY 26 W. High Street Carlisle, PA 10. real estate agent advised the parties not to make the March payment as sale was pending. Respondent did not make the March payment as advised but has failed to refund to Petitioner the $334.00 advanced. On February 27th, 2004 counsel for Petitioner sought reimbursement. A copy of that letter is attached hereto as Exhibit "B". Respondent, through counsel, acknowledges an obligation to refund the $334.00 but refuses to do so. Paragraph 21 of the Property Settlement and Separation Agreement recites that in the event that either party breaches any provision of the agreement, he or she shall be responsible for any costs incurred, including counsel fees, by the other party to enforce the agreement. Petitioner believes and therefore avers that Respondent is in breach of the agreement by retaining the $334.00 payment and forcing Petitioner to proceed through this court in order to obtain reimbursement. SAIDIS SHUFF, FLOWER & LINDSAY 26W. High Street Carlisle, PA WHEREFORE, Petitioner prays this Honorable Court to order Respondent to pay to her $334.00 and reasonable counsel fees incurred to enforce the parties agreement. Date: SAIDIS, SHUFF, FLOWER & LINDSAY, P.C. Attorneys for Petitioner U-<a"r-ol O. L~ay, Esquire ' ID# 446~13~/ 26 West High Street Carlisle, PA 17013 (717) 243-6222 SAIDIS SHUFF, FLOWER & LINDSAY 26W. High Street Carlisle, PA VERIFICATION I, the undersigned, hereby verify that the statements made herein 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. Ar~ L. Shields (fka Noel) Date: SAIDIS SHUFF, FLOWER & LINDSAY 26 W. High Street Carlisle, PA AMY L. NOEL, VS. ROBERT E. NOEL, JR., Plaintiff Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : : CIVIL ACTION - LAW : NO. 2003 - 3377 CIVIL TERM : : IN DIVORCE CERTIFICATE OF SERVICE AND now, this /~:.~/,~ day of ~'~/-';/// , / 2004, I, Carol J. Lindsay, Esquire, of the law firm of Saidis, Shuff, Flower & Lindsay, P.C., Attorneys, hereby certify that I served the within Petition for this day by depositing same in the United States Mail, First Class, Postage Prepaid, in Carlisle, Pennsylvania, addressed to: Jeanne B. Costopoulos, Esquire 5000 Ritter Road, Suite 202 P.O. Box 779 Mechanicsburg, PA 17055 SAIDIS, SHUFF, FLOWER & LINDSAY, Attorneys for Plaintiff/Petitioner By: /~,~ar'ol J. Lindsay, Esquire VID # 44693 26 West High Street Carlisle, PA 17013 (717) 243-6222 AMY L. NOEL, Plaintiff VS. ROBERT E. NOEL, JR., Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW : NO. 2003 - 3377 CIVIL TERM : IN DIVORCE PROPERTY SETTLEMENT AND SEPARATION AGREEMENT THIS AGREEMENT made this ./¢ day of ~'~_¢ ~_~ :~/-¢,'/'' , 2003, BETWEEN Robert E. Noel, Jr., of Cumberland County, Pennsylvania, hereinafter referred to as Husband, AND Amy b Noel, of Cumberland County, Pennsylvania, hereinafter referred to as Wife. RECITALS: R.I: The parties hereto are husband and wife, having been joined in marriage on, March 16, 2002, in Carlisle, Cumberland County, Pennsylvania; and R.2: A Complaint for Divorce has been filed in the Court of Common Pleas of Cumberland County, Pennsylvania, to a Docket Number 2003-3377, Civil Term; and R.3: The parties hereto desire to settle fully and finally their respective financial and property rights and obligations including, but not limited, of all matters between them relating to the ownership of real and personal property, claims for spousal support, alimony, alimony pendente lite. R4: The parties also desire to settle their issues of counsel fees and costs, and the settling of any and all claims and possible claims against the other or against their respective estates. NOW THEREFORE, in consideration of the covenants and promises. hereinafter to be mutually kept and performed by each party, as well as for other good and valuable consideration and intending to be legally bound, it is agreed as follows: (1) SEPARATION: It shall be lawful for each party at all times hereafter to live separate and apart from the other party at such place or places as he or she from time to time may choose or deem fit, free from any control, restraint or interference from the other. Neither party will molest the other or endeavor to compel the other to cohabit or dwell with him or her by any legal or other proceeding. Each party shall be free of the interference, authority or contact by the other as if he or she was single and unmarried except as maybe necessary to carry out the terms of this agreement. (2) DIVORCE: The parties acknowledge that the marriage is irretrievably broken and that they will secure a mutual consent no-fault divorce decree in the above-captioned divorce action. On or about October 15th, 2003, the parties shall execute and file an Affidavit of Consent and Waiver of Notice Forms, necessary to finalize said divorce. (3) REAL PROPERTY: The parties are the owners of certain rea~ estate with improvements thereon erected and known and numbered as 92 B Fairview 2 Street, Carlisle, Pennsylvania. The parties will immediately list the marital home for sale at a pdce to be agreed upon. In the event that the parties can not agree on a listing price, they will take the advice of their real estate agent in this regard. The parties will immediately sell the house for any offer, which will pay the cost of sale and the encumbrance on the property. If the parties can not otherwise agree on a real estate agent, they will use Trisha Negley at Coldwell Banker in Carlisle, Pennsylvania. The parties may agree, should they not be able to sell the property for sufficient amount to pay off the liens, that they will equally share any loss incurred in order to transfer the property. Similarly, in the event that the property sells and there are proceeds, the parties will equally divide the proceeds. Pending the sale, the parties will equally divide the cost of the monthly mortgage payment, taxes, insurance and Husband will pay any utility bills incurred to maintain the property for showing pending sale. With regard to such expenses the parties will indemnify one another and hold the other harmless against any loss for their failure to make such payments. Upon execution of this agreement by wife, husband will provide to her a key to the marital home. (4) DEBT: A. MARITAL DEBT: Husband and Wife acknowledge and agree that there are no other outstanding debts and obligations which are marital or for which the other might be liable incurred prior to the signing of this Agreement, except as follows: i. A personal loan incurred by wife. ii. Husband's persona[ loan of approximately $2,000.00 and secured by his 401 (k). iii. Husband's obligation secured by a 2002 Mustang. iv. Wife's obligation secured by a 1999 Ford Explorer. v. Husband's obligation secured by a four (4) wheeler. 1.' Husband shall pay the obligations secured by his 401 (k) Plan and the 4 wheeler by making timely monthly payments in least the minimum amount required by the creditors until paid in full. 2: Wife shall pay the obligations to her personal loan and for the lien on her 1999 Ford Explorer by making timely monthly payments in at least the minimum amount required by the creditors until paid in full. Each party shall pay the outstanding debts as set forth herein and further agrees to indemnify and save harmless the other from any and all claims and demands made against either of them by reason of such debts or obligations. B: Post Separation Debt: In the event that either party contracted or incurred any debt since the date of separation on June 22, 2003, the party who incurred said debt shall be responsible for the payment thereof regardless of the name in which the debt may have been incurred. C: Future Debt: From the date of this agreement neither party shall contract or incur any debt or liability for which the other party or his or her property or estate might be responsible and shall indemnify and save the other party harmless from any and all claims or demands made against him or her by reason of debts or obligations incurred by the other party (5) MOTOR VEHICLES: Each party relinquishes any right, title and interest he or she may have to any and all motor vehicles currently in possession of the other party. Within ten (10) days of the date of this agreement each party shall execute any documents necessary to have said vehicles properly registered in the other party's name with the Pennsylvania Department of Transportation. Each party shall assume full responsibility of any encumbrance on the motor vehicle received by said party, and shall hold harmless and indemnify the other party from any loss thereon. Husband shall retain the 2002 Mustang and wife shall retain her premarital 1999 Ford Explorer. Husband will retain the Four Wheeler. (6} TANGIBLE PERSONAL PROPERTY: The parties hereto mutually agree that they have effected a satisfactory division of the furniture, household furnishings, appliances, tools and other household personal property between them, and they mutually agree that each party shall from and after the date hereof be the sole and separate owner of all such property presently in his or her possession whether said property was heretofore owned jointly or individually by the parties hereto. This agreement shall have the effect of an assignment or bill of sale from each party to the other for such property as may be in the individual possession of each of the parties hereto. (7) INTANGIBLE PERSONAL PROPERTY: Each party hereby relinquishes any right, title or interest he or she may have in or to any intangible personal property currently titled in the name of or in the possession of the other party, including, but not limited to, stocks, bonds, insurance, bank accounts, individual retirement accounts, employment benefits including retirement accounts, savings plans, pension plans, stock plans, 401K plans and the like. (8) ALIMONY: WAIVER OF ALIMONY: The parties acknowledge that each has income and assets satisfactory to his and her own reasonable needs. Each party waives any claim he or she may have one against the other for alimony, spousal support or alimony and alimony pendente lite. (9) ADVICE OF COUNSEL: The parties hereto acknowledge that each has been notified of his or her right to consult with counsel of his or her choice, and have been provided a copy of this agreement with which to consult with counsel, Wife is represented by Carol J. Lindsay, Esquire, Saidis, Shuff, Flower & Lindsay and husband is represented by Jeanne B. Costopoulos, Esquire. Each party acknowledges and accepts 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 as each has sought from counsel, and the execution of this agreement is not the result of any duress or undue influence, and that it is not the result of any improper or illegal agreement or agreements. Each party shall pay his or her own attorney for all legal services rendered or to be rendered on his or her behalf. (12) ADDITIONAL INSTRUMENTS: Each of the parties shall from time to time, at the request of the other, execute, acknowledge and deliver to the other party any and all further instruments that may be reasonably required to give full force and effect to the provisions of this Agreement. (13) INCOME TAX: The parties have heretofore filed joint Federal and State Tax returns. Both parties agree that in the event any deficiency in Federal, state or local income tax is proposed, or 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 and any interest, penalty and expense incurred in connection 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 failures to disclose the nature and extent of his or her separate income on the aforesaid joint returns. (14) 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 including alimony shall be subject to court determination the same as if this Agreement had never been entered into. (15) COMPLETE DISCLOSURE: The parties do hereby warrant, represent, acknowledge and agree that each is fully and completely informed of, and is familiar with, the wealth, real and personal property, estate and assets, earnings and income of the other and has made any inquiry he or she desires into the income or estate of the other and received any such information requested. Each has made a full and complete disclosure to the other of his and her entire assets, liabilities, income and expenses and any further enumeration or statement thereof in this Agreement is specifically waived. (16) RIGHTS AND RESPONSIBILITIES: Husband and Wife acknowledge that each of them has read and understand his and her rights and responsibilities under this Agreement and that they have executed this Agreement under no compulsion to do so but as a voluntary act. (17) FULL SETTLEMENT: Except as herein otherwise provided, each party hereby releases the other from any and ali claims, or demands up to the date of execution hereof. It is further specifically understood and agreed by and between the parties hereto that each party accepts the provisions herein made in lieu of and in full settlement and satisfaction of any and all of said party's rights against the other for past, present and future claims on account of support, maintenance, alimony, alimony pendente lite, counsel fees, costs and expenses, equitable distribution of marital property and any other claims of the party, including all claims which have been raised or may be raised in an action for divorce. (18) RELEASE OF ALL CLAIMS: Except as may be otherwise specifically (1) (2) (3) and (4) provided in this Agreement, Husband and Wife, for themselves, their heirs, representatives and assigns, each hereby forever releases, remises, discharges and quitclaims the other, and such other's heirs, representatives, assigns and estate, from and with respect to the following: A. All liability, claims, causes of action, damages, costs, contributions and expenses or demands whatsoever in law or in equity; B. All rights, title, interest or claims in or to any property of the other, whether real, personal or mixed and whether now owned or hereafter acquired; C. All rights of courtesy and dower and all claims or rights in the nature of courtesy and dower; D. All widow or widower's rights; E. All right, title, interest or claim in or to the other's estate, whether now owned or hereafter acquired, including but not limited to all rights or claims: to take against the other's will; under the laws of intestacy; to a family exemption or similar allowance; all other rights or authority to participate or intervene in a deceased spouse's estate in any way, whether arising under the laws of Pennsylvania or any other country, territory, state or political subdivision. F. All rights or claims to any accounting; G. All rights, claims, demands, liabilities and obligations arising out of or in connection with the marital relationship or the joint ownership of property, whether real, personal or mixed; H. All rights, claims, demands, liabilities and obligations arising under the provisions of the Pennsylvania Divorce Code, as the same may be amended from time to time, and under the provisions of any similar statute enacted by any other country, state, territory or political subdivision; I. Ail rights, claims, demands, liabilities and obligations each party now has, or may hereafter have, against or with respect to the other. (19) GOVERNING I_AW: This Agreement shall be construed under the law of the Commonwealth of Pennsylvania. If any provision of this Agreement is determined to be invalid or unenforceable, all other provisions shall continue in full force and effect. (20) INCORPORATION INTO DECR£E~: In the event that either of the parties shall recover a final judgment or decree of absolute divorce against the other in a court of competent jurisdiction, the provisions of this Agreement may be incorporated by reference or in substance but shall not be merged into such judgment or decree and this Agreement shall survive any such final judgment or decree of absolute divorce and shall be entirely independent thereof. (21) BR£ACH: In the event that either party breaches any provision of this Agreement, he or she shall be responsible for any and all costs incurred to enforce the Agreement, including, but not limited to, court cost and counsel fees of the other party. In the event of breach, the other party shall have the right, at his or her election; l0 to sue for damages for such breach or to seek such other and additional remedies as may be available to him or her. (22) ENTIRE UNDERSTANDING: This Agreement constitutes the entire understanding between the parties and there are no covenants, conditions, representations, or agreements, oral or written, of any nature whatsoever, other than those herein contained, (23) AGREEMENT BINDING ON PARTIES AND HEIRS: This Agreement shall bind the parties hereto, their respective heirs, executors and assigns. IN WITNESS WHEREOF, the parties hereto intending to be legally bound have hereunto set their hands and seals the day and year first written above. WITNESS: /%~ A~y L. N~el Robed E. Noel JOHN E. SLIKE ROBERT C. SAIDIS GEOFFPCEY S. SHUFF JAMES D. FLOWER, JR CAROL J. LINDSAY MATTHEW J. ESHELMAN~' KIRK S. SOHONAGE THOMAS E. FLOWtiR LINDSAY GINGRICH MACLAY JACLYN SMITH LAW OFFICES SAIDIS, SHUFF, FLOWER & LINDSAY A PROFESSIONAL CORPORATION 26 WEST HIGH STREET CARLISLE, PENNSYLVANIA 17013 TELEPHONE: (717) 243-6222 - FACSIMILE: (717) 243-6486 EMAIL: atiorney@ssfl-law.com www.ssfl-law.com CAM~H~I L~iCE: 2109 MARKET STREET CAMP HILL, PA 17011 TELEPHONE: (717)737-3405 FACSIMILE: (717)737-3407 REPLY TO CARLISLE February 27, 2004 Jeanne B. Costopoulos, Esquire 5000 Ritter Road, Suite 202, P.O. Box 779 Mechanicsburg, PA 17055 RE: Noel v. Noel Dear Jeanne: The parties in this case entered a marital settlement agreement according to which they agreed to sell their townhouse and, pending the sale, to equally contribute to the payment of the mortgage. The townhouse is under contract and the parties have been instructed not to make the March payment. However, prior to that instruction my client forwarded to your client $334.00 as her one half of the March payment. Mr. Noel refuses to reimburse her for a payment he is not making. If we do not receive a refund within 10 days, we will file a petition for contempt and ask the court to award Amy's attorneys fees. CJL/ap cc: Amy Noel Very truly yours, SAIDIS, SHUFF, FLOWER & LINDSAY Carol J. Lindsay SAIDIS SHUFF, FLOWER & LINDSAY 26 W. High Street Carlisle, PA AMY L. NOEL, VS. ROBERT E. NOEL, JR., Plaintiff Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : : CIVIL ACTION - LAW : NO. 2003 - 3377 CIVIL TERM : : IN DIVORCE ORDER OF COURT AND now, this j'~ day of L~/~)~-~/'~) 2004, upon consideration of the attached Petition To Enforce Property Settlement and Separation Agreement. A hearing is set for the ~./~'~ day of ~__, 2004 in courtroom# By the Court,