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HomeMy WebLinkAbout99-06954 ?11 a s? IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY STATE OF PENNA. 3 rta h Robert D. Porter II NO. 99-6954 VERSUS DECREE IN DIVORCE AND NOW,- A )V Q- 1 \ IT IS ORDERED AND DECREED THAT RO t D POrtar , PLAINTIFF, AND Robyn A. Porter , DEFENDANT, ARE DIVORCED FROM THE BONDS OF MATRIMONY. THE COURT RETAINS JURISDICTION OF THE FOLLOWING CLAIMS WHICH HAVE BEEN RAISED OF RECORD IN ACTION FOR WHICH A FINAL ORDER HAS NOT YET BEEN ENTERED; ke- Incorporated by this Dearest raid Marital Property Settlement Ag a ? .yin t'll '.. ?', I • l ?" I ? ? l? ? CZr? CC? ;e.??o' ? ? l?? ROBERT I). PORTER, Plaintiff V. R0BYN A. PORTER, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA NO. 99-6954 CIVIL DIVISION CIVIL ACTION- LAW IN DIVORCE PRAF.CIPF. TO TRANSMIT RECORD '1'O '1'1IE PROTIiONOTARY: Transmit the record, together with the following information, to the Court for entry of a divorce decree: I. Ground for divorce: irretrievable breakdown under Section 3301(c) of the Divorce Code. 2. Date and manner of service of the complaint: November 17, 1999, by U.S. Mail, postage prepaid, certified, return receipt requested. 3. Date of execution of the affidavit of consent required by Section 3301(c) of the Divorce Code: by the Plaintiff on February 25, 2004; by Defendant on March 1 1.2004. 4. Related claims pending: NONE 5. Date Plaintiffs Waiver of Notice in §3301(c) Divorce was filed with the Prothonotary: March 4, 2004. 6. Date Defendant's Waiver of Notice in ' 301(c)Divorcc was filed with the Prothonotary: March I2, 2004. I' I I L O FIC OF L B A' RD ORR Date: I `Y b(C By: IIIJJJ l I Paul Bradford r, Esquire 50 East High Street Carlisle, PA 17013 (717) 258-8558 i ?i ?•? ?? 1..? _:' ' ?_- .? -_ I ?; - ? r'n z1- i , .,?. - - -r r• L_ :.J O ==' U tV ROBYN A. PORTER, THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA VS. NO. 99 - 6954 CIVIL ROBERT D. PORTER, Defendant IN DIVORCE ORDER OF COURT AND NOW, this ? day of , 2004, the economic claims raised in the procee, ngs having been resolved in accordance with a separation and property settlement agreement dated February 25, 2004, the appointment of the Master is vacated and counsel can file a praecipe transmitting the record to the Court requesting a final decree in divorce. BY THE COURT, Geo g E. offer, P J. cc: ,Bradley L. Griffie Attorney for Plaintiff /Paul Bradford Orr Attorney for Defendant I IF. - J I& SEPARATION AND PROPERTY SETTLEMENT AGREEMENT artl% THIS AGREEMENT made this 3 day of Fee, 2004, by and between ROBYNA. PORTER, of 205 West Pine Street, Mt. Holly Springs, Cumberland County, Pennsylvania, party of the first part, hereinafter referred to as " IYife," AND ROBERT D. PORTER, of P.O. Box 24, Mt. Holly Springs, Cumberland County, Pennsylvania, party of the second part, hereinafter referred to as "Husband," WITNESSETH: WHEREAS, Husband and Wife were married on August 25, 1979, in Mt. Holly Springs, Cumberland County, Pennsylvania; and WHEREAS, Husband and Wife are residents of the Commonwealth of Pennsylvania and have been so for at least the past six months; WHEREAS, certain differences have arisen between the parties hereto which have made them desirous of living separate and apart from one another; and WHEREAS, Husband and Wife desire to settle and determine certain of their marital rights and obligations, and make an equitable distribution of their marital property, determine their rights to alimony and support and any other matters which may be considered under the Divorce Code; and WHEREAS, it is the intention and purpose of this Agreement to set forth the respective rights and duties of the parties while they continue to live apart from each other and to settle all financial and property rights between them; and WHEREAS, the parties hereto have mutually entered into an agreement for the division of their jointly owned assets, the provisions for the liabilities they owe, and provisions for the --Page I of 14-- .: resolution of their mutual differences, after both have had full and ample opportunity to consult with attorneys of their respective choice, the parties now wish to have that agreement reduced to writing. NOW, THEREFORE, the parties hereto in consideration of the mutually made and to be kept promises set forth hereinafter and for other good and valuable consideration, and intending to be legally bound and to legally bind their heirs, successors, assigns, and personal representatives, do hereby covenant, promise and agree as follows: ARTICLE I SEPARATIOA' 1.1 It shall be lawful for Husband and Wife at all times hereafter to live separate and apart from each other and to reside from time to time at such place or places as they shall respectively deem fit free from any control, restraint, or interference, direct or indirect, by each other. Neither party shall molest the other or compel or endeavor to compel the other to cohabit or dwell with him or her by any legal or other proceedings. The foregoing provisions shall not be taken to be an admission on the part of either Husband or Wife of the lawfulness of the causes leading to them living separate and apart. ARTICLE /I DIVORCE 2.1 This Agreement is not predicated on divorce. It is specifically understood and agreed by and between the parties hereto that each of the said parties does hereby warrant and represent to the other that the execution and delivery of this Agreement is not predicated upon nor made subject to any agreement for institution, prosecution, defense, or for the non-prosecution or non- defense of any action for divorce; provided, however, that nothing contained in this Agreement --Page 2 of 14-- shall prevent or preclude either of the parties hereto from commencing, instituting or prosecuting any action or actions for divorce, either absolute or otherwise, upon just, legal and proper grounds; not to prevent either party from defending any such action which has been, may, or shall be instituted by the other party, or from making any just or proper defense thereto. It is warranted, covenanted, and represented by Husband and Wife, each to the other, that this Agreement is lawful and enforceable and this warranty, covenant, and representation is made for the specific purpose of inducing Husband and Wife to execute the Agreement. Husband and Wife each knowingly and understandingly hereby waive any and all possible claims that this Agreement is, for any reason, illegal, or for any reason whatsoever of public policy, unenforceable in whole or in part. Husband and Wife do each hereby warrant, covenant and agree that, in any possible event, he and she are and shall forever be estopped from asserting any illegality or unenforceability as to all or any part of this Agreement. 2.2 It is further specifically understood and agreed that the provision of this Agreement relating to the equitable distribution of property of the parties are accepted by each party as a final settlement for all purposes whatsoever. Should either of the parties obtain a decree, judgment or order of separation or divorce in any other state, country, orjurisdiction, each of the parties to this Agreement hereby consents and agrees that this Agreement and all its covenants shall not be affected in any way by any such separation and divorce. 2.3 This Agreement shall survive any decree in divorce and shall be forever binding and conclusive on the parties. It is understood by and between the parties that this Agreement shall be incorporated into any decree, divorce or separation, but it shall not be deemed merged in such decree. --Page 3 of 14-- ARTICLE III EQUITABLE. DISTRIBUTION OF MARITAL PROPERTY 3.1 The parties have attempted to divide their marital properly in a manner which conforms to the criteria set forth in the Pennsylvania Divorce Code, and taking into account the following considerations: the length of the marriage; the prior marriages of the parties; the age, health, station, amount and sources of income, vocational skills, employability; estate, liabilities, and needs for each of the parties; the contribution of one party to the education, training or increased earning power to the other party; the opportunity of each party for future acquisition of capital assets and income; the sources of income of both parties, including but not limited to medical, retirement, insurance or other benefits; the contribution or dissipation of each part in the acquisition, preservation, depreciation, or appreciation of marital property, including the contribution of a party as a homemaker; the value of the property set apart to each party; the standard of living of the parties established during their marriage; the economic circumstances of each party, including federal, state and local tax ramifications, at the time of the division of the property is to become effective; and whether the parties will be serving as the custodian of any dependent minor children. 3.2 The division of existing marital property is not intended by the parties to constitute in any way a sale or exchange of assets and the division is being affected without the introduction of outside finds or other property not constituting marital property. The division of property under this Agreement shall be in full satisfaction of all rights of equitable distribution of the parties. --Page 4 of I4-- 3.3 Personal Properb? The parties acknowledge that they have divided their personal property, tangible and intangible, to their mutual satisfaction. This includes any and all vehicles that the parties had in their possession at the time of separation and which they have retained for their personal use. The parties further acknowledge that they have the cash, accounts, furniture, appliances, guns, and other personal property, tangible and intangible, in their possession that they wish to have and retain from this time forward. Neither party shall make any claim whatsoever against the personal property in the other party's possession or assets in that other party's possession from the time of execution of this Agreement forward. In the event it is necessary for either party to execute any documents to waive, transfer or relinquish any of their interest in the personal property retained by the other party, they will do so within fifteen (15) days of being requested to do so by the other party or their representative. 3.4 Life Brsurtince. Each party agrees that the other party shall have sole ownership and possession of any life insurance policies owned by the other. Each party shall have the right to borrow against, cash in policies, change beneficiaries, an exercise any other incidents of ownership of the respective policies free of any right or claim by the other party. Each party agrees to sign any documents necessary to waive, relinquish or transfer any rights in such policies to the respective party who presently owns such policies. 3.5 Subsequently Acquired Property. Husband and Wife agree to waive and relinquish any and all right that he or she may now have or hereafter acquire in any real or tangible personal property subsequently acquired by the other party. Husband and Wife specifically agree to --Page 5 of 14-- waive and relinquish any right in such property that may arise as a result of the marriage relationship. 3.6 Real Estate. The parties are the joint owners of real estate located at 205 West Pine Street, Mt. Holly Springs, Cumberland County, Pennsylvania. This property is currently encumbered with a mortgage due and owing to PHH docketed to loan number 000301 1921 and a second mortgage or home equity loan due and owing to AIIFirst Bank docketed to loan number 00-1683-5737-0001. Within fifteen (15) days of being requested to do so by Wife's counsel, Husband shall execute a general warranty fee simple decd conveying all of his right, title, and interest in the aforesaid real estate to Wife. From the time of execution and delivery of the aforesaid deed forward, Husband shall make no claim of any legal or equity interest in the aforesaid real estate. Wife hereby assumes sole and exclusive responsibility and obligation for the repayment of the PHH mortgage and the AIIFirst Bank second mortgage or home equity loan due and owing on the aforesaid property. Wife will indemnify Husband and hold him harmless from and against any and all demands for payment or collection activity of any nature whatsoever on account of the aforesaid loans and shall maintain the aforesaid mortgages in current status at all times. 3.7 Pension. Retirement, Prom-Sharing. Wife hereby waives, relinquishes or transfers any and all of her right, title and interest she has or may have in Husband's McCoy Brothers, Inc. profit sharing plan and stock ownership plan, as well as any other pension, profit sharing, 401(k), IRA, or other accounts which Husband may have secured privately or through his current or prior employment. Wife shall execute any and all necessary documents to so waive, transfer, --Page 6 of 14-- and relinquish her interest to any such accounts within fifteen (15) days of being requested to do so by Husband or his representative. Husband hereby waives, relinquishes or transfers any and all of his right, title and interest he has or may have in Wife's Hartford Life Insurance Company Annuity and in Wife's 401(k) plan through Copeland, as well as any other retirement accounts including any pension, profit sharing, 401(k), IRA, or other accounts which Wife may have secured privately or through her current or prior employment. Husband shall execute any and all necessary documents to so waive, transfer, and relinquish his interest to any such accounts within fifteen (15) days of being requested to do so by Wife or her representative. 3.8 /ntaarible Personal Property. Husband shall retain the Keystone checking account and the Keystone mutual fund account that were held in the parties' joint names at the time of their separation. Wife shall retain the regular joint checking account that she retained at the time of separation. In the event it is necessary for either party to execute any documents to transfer their interest in these accounts, they will do so within fifteen (15) days of being requested to do so by the other party or their representative. Otherwise, each party hereby waives, relinquishes or transfers any and all right, title and interest they have in the aforesaid account and shall make no claim of any nature whatsoever relative to legal or equitable interest in the accounts from this time forward. Further, the parties have otherwise already transferred or waived rights and interest in other intangible personal property, including their various bank accounts, credit union accounts, and the like. Each party agrees to sign any documents necessary to close any joint accounts within fifteen (15) days of signing this Agreement. Neither party shall make any claim of any nature whatsoever against the other party relative to the financial accounts or other I --Page 7 of 14-- A ., investments or intangible personal property that have already been retained by that party as described herein. 3.9 Cash Disbursement. Husband shall compensate Wife with a lump sum payment of SIXTY-FIVE THOUSAND AND XX1100 ($65,000.00) DOLLARS which funds shall be distributed from Husband, in any manner he selects, through Wife's counsel for purposes of distribution to Wife. This lump sum distribution is an integral part of the comprehensive equitable distribution of marital assets provided for herein and as previously referenced, is a nontaxable event. The lump sum of SIXTY-FIVE THOUSAND AND XX/100 ($65,000.00) DOLLARS to be paid as herein provided shall be made contemporaneously with execution of the Agreement, the Affidavit of Waiver, and the Waiver of Notice of Intention to Request the Entry of a Decree in Divorce documents, all associated with the pending divorce action between the parties docketed to number 99-6954 Civil Term in the Court of Common Pleas of Cumberland County, Pennsylvania. ARTICLE IV ALIMONY ALIMONY PENDENTE LITE (APL). SPOUSAL SUPPORT CHILD SUPPORT AND MAINTENANCE 4.1 The parties herein acknowledge that they have each secured and maintained a substantial and adequate fund with which to provide themselves sufficient resources to provide for their comfort, maintenance and support in the station of life to which they are accustom. Husband and Wife do hereby waive, release and give up any rights they may respectfully have against the other for alimony, support or maintenance except as provided hercinbefore. -Page 8 of 14-- 4.2 Husband and Wife specifically waive, release and give up any rights for alimony, alimony pendente lite and spousal pursuant to Chapter 37 of the Domestic Relations Code. ARTICLE V DF_BTS OF THF. PAR TIFS 5.1 Each party represents to the other that except as is otherwise set forth in this Agreement, there are no major outstanding obligations of the parties; that since the separation neither party has contracted or any debts for which the other will be responsible and each party indemnifies and holds harmless the other for all obligations separately incurred or assumed under this Agreement. ARTICLE VI MISCELLANEOUS PROVISIONS 6.1 Advise of Counsel. The parties acknowledge that they have received independent legal advice from counsel of their own selection, with Bradley L. Griffie, Esquire advising Wife and Paul Bradford Orr, Esquire advising Husband, and that they fully understand the facts and have been fully informed as to their legal rights and obligations and they acknowledge and accept that this Agreement is, in the circumstance, fair and equitable and that it is being entered into freely and voluntarily after having received such advice and with such knowledge 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 and the parties hereto state that he/she, in the procurement and execution of this Agreement, has not been subject to any fraud, concealment, overreaching, imposition, coercion, of other unfair dealing on the part of the other, or on the part of the other's counsel. --Page 9 of 14-- 6.2 bfulual Release. Husband and Wife each do hereby mutually remise, release, quitclaim, and forever discharge the other and the estate of such other, for all times to come and for all purposes whatsoever, of and from any and all right, title and interest, or claims in or against 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, the estate of such other, or any part thereof, whether arising out of any former acts, contracts, engagements, or liabilities of such other as by way 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; or 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 (a) Pennsylvania, (b) any slate, commonwealth or territory of the United Slates, or (c) any other country, or 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, costs or expenses, whether arising as a result of the marital relation or othenvise, 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 thereof. It is the intention of Husband and Wife to give to each other by execution of this Agreement a full, complete, and general release with respect to any and all property of any kind or nature, real or personal, not 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 thereof. --Page 10 of 14-- 6.3 IVarrrmties. Each party represents that they have not heretofore incurred or contracted for any debt or liability or obligation for which the estate of the other party may be responsible or liable, except as may be provided for in this Agreement. Each party agrees to indemnify or hold the other party harmless from and against any and all such debts, liabilities or obligations of every kind, including those for necessities, except for the obligations arising out of this Agreement. Husband and Wife each warrant, covenant, represent and agree that each will, now and at all times hereafter, save harmless and keep the other indemnified from all debts, charges, and liabilities incurred by the other after the execution date of this Agreement, except as is otherwise specifically provided for by the terms of this Agreement and that neither of them hereafter incur any liability whatsoever for which the estate of the other may be liable. 6.4 No waiver or modification of any of the terns of this Agreement shall be valid unless in writing and signed by both parties and no waiver of any breach hereof or default hereunder shall be deemed a waiver of any subsequent default of the same or similar nature. 6.5 Husband and Wife covenant and agree that they will forthwith execute any and all written instruments, assignments, releases, satisfactions, deeds, notes or such other writings as may be necessary or desirable for the proper implementation of this Agreement, and as their respective counsel shall mutually agree should be so executed in order to carry fully and effectively the terms of this Agreement. 6.6 This Agreement shall be construed in accordance with the laws of the Commonwealth of Pennsylvaniz which are in effect as of the date of the execution of this Agreement. --Page I I of 14-- 6.7 This Agreement shall be binding and shall inure to the benefit of the parties hereto and their respective heirs, executors, administrators, successors and assigns. 6.8 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. 6.9 Severability. If any term, condition, clause, section, or provision of this Agreement shall be determined or declared to be void or invalid in law or otherwise, then only that term, condition, clause or provision shall be stricken from this Agreement, and in all other respects, this Agreement shall be valid and continue in full force, effect, and operation. Likewise, the failure of any party to meet his or her obligation under any one or more of the articles and sections herein shall in no way void or alter the remaining obligations of the parties. 6.10 It is specifically understood and agreed that this Agreement constitutes the equitable distribution of property, both real and personal, which was legally and beneficially acquired by Husband and Wife, or either of them, during the marriage as contemplated by the Divorce Code of the Commonwealth of Pennsylvania. 6.11 Disclosro•e. The parties each warrant and represent to the other that he or she has made a fill and complete disclosure to the other of all assets of any nature whatsoever in which party has an interest, of the sources, and amount of the income of such party of every type whatsoever, and all other facts relating to the subject matter of this Agreement. --Page 12 of 14-- 6.12 Enforceahiiin, and Consideration. This Agreement shall survive any action for divorce and decree of divorce and shall forever be binding and conclusive on the parties; and any independent action may be brought, either at law or in equity, to enforce the terms of the Agreement by either Husband or Wife until it shall have been fully satisfied and perfornied. The consideration for this contract and agreement is the mutual benefits to be obtained by both of the parties hereto and the covenants and agreements of each of the parties to the other. The adequacy of the consideration for all agreements herein contained is stipulated, confessed, and admitted by the parties, and the parties intend to be legally bound hereby. In the event either party breaches the aforesaid Agreement and it is determined through appropriate legal action that the alleged party has so breached the Agreement, the breaching party shall be responsible for any and all attorney's fees as well as costs and expenses associated with litigation incurred by the non-breaching party to enforce this Agreement against the breaching party. In the event of breach, the non-breaching party shall have the right, at his or her election, to sue for damages for such breach or to seek such other and additional remedies as may be available to him or her including equitable enforcement of this Agreement. IN WITNESS WHEREOF, the parties hereto have set their hands and seals the day and year first above written. ()t+ +9Klly %,??11? 3111) Date ROBYN A. PORTER -as-d U `L Date ROBERT D. PORTER --Page 13 of 14-- WITNESSED BY: COMMONWEALTH OF PENNSYLVANIA COUNTY OF tt ;,, ky' i C n nr`f On this 2 4,, day of 2004, before me, the undersigned e officer )obc-i 5D personally appeared ROBJWA PORTER, known to me (or satisfactory proven) to be the person whose name is subscribed to the within Agreement and acknowledged that she executed the same for the purpose therein contained. IN WITNESS WHEREOF, I hereunto set my hand and official seal. No ary ublic f J ?J Notarial Seal Rebecca L Moore, Notary Public Nonh MidtlletcnTw;.,CwnbodantlCounry My Commission Expires July 26, 20Cn MnmCCr. PCnnSylv!mla AvSUia!ion of No!anes COMMONWEALTH OF PENNSYLVANIA COUNTY OF _(1 DWV6 ?XVL' CU"J On this ! t day of E Xo 2004, before me, the undersigned Rogyr,/ A• officer, personally appeared 1t9qW-fiT-,94.PORT R known to me (or satisfactory proven) to be the person whose name is subscribed to the within Agreement and acknowledged that he executed the same for the purpose therein contained. IN WITNESS WHEREOF, I hereunto set my hand and official seal. Notary Public EMWAH1Nna3aMn6 "ORN 37snW Y1?011Wriat-(VU nt --Page 14 of 14-. ?i slew :'l? ? i I.! V?PgI n i?ti9 f -? `I ?? y-... i:; ?.o _ U.: ? r •, i?_iJ - - % ?. t;;:i cV _? G: Sia ?-- ??_ ?: aS L_ o -"' O _ cam. U `.:. - ?_ - , :` r•J !I: LJ :`l r.'. CJ P M O w < J N ¢ 4 ? 7 ? 3 f^ n x 6 LU Y h U z P W ry <ni an < 8 m P ?p n Q ? Q ¢ a W a O LU a C ° 0. v off U Z f] . z z (- 00(41 waQ oa z 0 ? W W x ? a U ii 7r IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ROBERT D. PORTER, Plaintiff NO. 99- (o IS y Lr?uY v. CIVIL TERM - IN DIVORCE ROBYN R. PORTER, Defendant NOTICE TO DEFEND AND CLAIM RIGFITS 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 maybe entered against you by the Court. A judgment may also be entered against you for any other claim or relief requested in these papers by the Plaintiff. You may lose money or property or other rights important. to you, including custody or visitation of your children. When the ground for the divorce is indignities or irretrievable breakdown of the marriage, you may request marriage counseling. A list of marriage counselors is available at the Domestic Relations Office, 13 North Hanover Street, Carlisle, Pa. You are advised that this list is kept as a convenience to you and you are not bound to choose a counselor from the list. All necessary arrangements and the cost of counseling sessions are to be home by you and your spouse. If you desire to pursue counseling, you must make your request for counseling within twenty (20) days of the date on which you receive this notice. Failure to do so will constitute a waiver of your right to request counseling. IF YOU DO NOT FILE A CLAIM FOR ALIMONY, MARITAL PROPERTY, COUNSEL FEES OR EXPENSES BEFORE THE FINAL DECREE OF DIVORCE OR ANNULMENT IS ENTERED, 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 11 ..., IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ROBERT D. PORTER, Plaintiff V. NO. 99- e 9Jl7 CCatit? /-CGa?/ CIVIL TERM - IN DIVORCE ROBYN R. PORTER, Defendant COMPLAINT IN DIVORCE AND NOW, this 111-11-day oNDve(1 bcr , 1999 comes Plaintiff, Robert D. Porter, by and through his attorney, Michael J. Hanft, Esquire, and files the following Complaint in Divorce, and in support thereof avers as follows: The Plaintiff is Robert D. Porter. who currently has a mailing address of P. 0. Box 24, Mt. Holly Springs, Cumberland County, Pennsylvania 17065. 2. The Defendant is Robyn R. Porter, who currently resides at 205 West Pine Street, Mt. Holly Springs, Cumberland County, Pennsylvania 17065. The Plaintiff and Defendant are sui juris, and both have been bona fide residents of the Commonwealth of Pennsylvania fora period of more than six (6) months immediately preceding the filing of this Complaint in Divorce. 4. The parties were married on August 10, 1979 in Mt. Holly Springs, Cumberland County. Pennsylvania. 5. The marriage is irretrievably broken. The foregoing facts are averred and brought under Sections 3301(c) or 3301(d) of the Divorce Code of 1980, as amended. 6. Alternatively. Plaintiff avers that the Defendant has offered such indignities to him, the injured and innocent spouse. as to render his condition intolerable and his life burdensome. The foregoing facts are averred and brought under Section 3301(a)(6) of the Divorce Code of 1980, as amended. The Plaintiff has been advised ofthe availability of counseling, and that the Plaintiff may have the right to request that the Court require the Parties to participate in counseling. WHEREFORE, Plaintiff' requests Your Honorable Court to enter a Decree in Divorce, divorcing the Plaintiff from the Defendant. Respectfully submitted, Michael J. Hanft, squire Attorney ID No. 57976 19 Brookwood Avenue, Suite 106 Carlisle, PA 17013-9142 (717) 249-5373 VERIFICATION The foregoing Complaint in Divorce is based upon information which has been gathered by my counsel in the preparation of the lawsuit. The language of the document is that of counsel and not my own. I have read the Complaint in Divorce and to the extent that the document is based upon information which I have given to my counsel, it is true and correct to the best of my knowledge, information and belief. To the extent that the content of the document is that of counsel, I have relied upon counsel in making this verification. This statement and verification are made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unswom falsification to authorities, which provides that if I make knowingly false averments, I may be subject to criminal penalties. Robert D. Porter MICHAEL J. HANFT ATTORNEY Q COUNSELLOR AT LAW e 19 BROOKWOOD AVENUE SUITE 106 CARLISLE, PA 17013-9142 717.249.5373 FAX 717.249.0457 MRIESq®EPIK.NET IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ROBERT D. PORTER, Plaintiff CIVIL ACTION - LAW V. IN DIVORCE ROBYN R. PORTER, NO. 99-6954 Civil Defendant n CERTIFICATE OF SERVICE AND NOW, this al day of November, 1999, I, Michael J. Hanft, Esquire, hereby certify that the following person was served with a True and Correct copy of the Divorce Complaint filed in the above-referenced matter. The Divorce Complaint was mailed on November 18, 1999, but actual service took place on November 20, 1999, by Defendant signing for a copy of the Divorce Complaint which was mailed in the United States Mail, Certified Mail--Return Receipt Requested, Restricted Delivery, Postage Prepaid, addressed as follows: Robyn R. Porter 205 West Pine Street Mt. Holly Springs, PA 17065 A copy of the signed Domestic Return Receipt is attached hereto as Exhibit "A" and by reference incorporated herein and made a part hereof. Respectfully submitted, Michael J. Hanft, Esglfire V Attorney ID No. 57976 19 Brookwood Avenue, Suite 106 Carlisle, PA 17013-9142 (717) 249-5373 Attorney for Plaintiff F 1U. NldceJl m Ox,?Grndxs9TUb0.1cm,?c I ! I also wish to receive the SENDER: following services (for an o • Complete items l Similar orntldlliowl zernce5. ^ /? /? extra fee. •ti A • Complete items 3.4a, and de. D ?t9 RIGIT.iwD urn this ) u or • Print your name and addle on lh ¦` V Tom as not 1.? Addressee's Address z U1" - a ee • Atlaeh Ihls farm Io Iha front of the mallp ` 1wm,il. write •Rer Receipt h aina t m The Return Receipt will ll Show ow to la wham lhp article was tletiveie delivered. o 3.11 ic1e Addressed P* II1LLv !/C) b n ?. obi' Vfj y 11JDCas ceii'ass i N`me -- 6.. Signaee or ,0-rlrl X T 2 PS Form 3811, D cember 1VIA 994 2\KRestricted Delivery number. N lthe date Consult postmaster for fee. S' 4a. Article Number ?O Z D/3 X30 m e 4b. Service Type d r ? Registered Certified ? Express Mail ? Insured ; ? Return Receipt for Merchandise ? COD , 7. Dare oIL el\ ` V 0 T' 1 8. Addr ssee's Address (Only it requested and lee is paid) n r F r ,92e9s9e-am29 Domestic Return Receipt .: / o on -, G. U ROBYN A. PORTER, Plaintiff V. ROBERT D. PORTER, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 99-6954 CIVIL TERM CIVIL ACTION - LAW IN DIVORCE MOTION FOR APPOINTMENT OF MASTER Robyn A. Porter, Plaintiff, moves the Court to appoint a Master with respect to the following claims: ( X ) Divorce ( X Distribution of Property ( ) Annulment ( ) Support ( X ) Alimony ( ) Counsel Fees ( ) Alimony Pendent Lite ( ) Costs and Expenses i lu and in support of the motions states: (1) Discovery is complete as to the claims for which the appointment of a Master is requested. (2) The Defendant has appeared in the action by his attorney, Paul B. Orr, Esquire. (3) The statutory ground for divorce is section 3301(d)-Irretrievable Breakdown. (4) The action is contested with respect to the following claims: Distribution of property. (5) The action involves no complex issues of law or fact. (6) The hearing is expected to take one day. Date: C44-4d Thomas S. Diehl, Attorney for the Plaintiff ORDER APPOINTING MASTER AND NOW, this L dry of 2003, ?C7 loci f??clG? Esquire, is appointed Master with respect to the fo owing claims: l'GO cc: Thomas S. Diehl, Esquire Paul B. Orr, Esquire By the Court: 494pr J. ' • 7..i?11 }sr so-?o-zo yl C13 ?O1`J ROBERT D. PORTER, Plaintiff V. ROBYN A. PORTER, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA NO. 99-6954 CIVIL TERM CIVIL ACTION -LAW IN DIVORCE PRAECIPE TO THE PROTHONOTARY: WITHDRAWAL OF APPEARANCE Please withdraw my appearance on behalf of the Defendant in the above-captioned matter. Respectfully submitted, Date: 3 8 -OC'( Thomas S. Dichl, Esquire 1 West High Street P.O. Box 1290 Carlisle, PA 17013 ENTRY OF APPEARANCE Please enter my appearance on behalf of the Defendant in the above-captioned matter. Respectfully submitted, Dater t 16 `( Y nffie, Esquire GRIFFIE & ASSOCIATES 200 North Hanover Street Carlisle, PA 17013 (717) 243-5551 (800) 347-5552 C-J ' - c.i J LO - i U v U ROBERT D. PORTER, Plaintiff V. ROBYN A. PORTER, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 99-6954 CIVIL TERM : CIVIL ACTION-LAW : IN DIVORCE AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under §3301 (c) of the Divorce Code was filed on November 17, 1999, and served on November 24, 1999. 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety (90) days have elapsed from the date of filing and service of the Complaint. 3. I consent to the entry of a final Decree of Divorce after service of notice of intention to request entry of the decree. I VERIFY THAT THE STATEMENTS MADE IN THE FOREGOING AFFIDAVIT 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. DATE: 2 r2 `?- a 9- ROBERT D. PORTER, Plaintiff a> tom= CJ _ i w i Ci ? - - J.:J ri - r• s i- r? o cv U ROBERT D. PORTER, Plaintiff V. ROBYN A. PORTER, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA NO. 99-6954 CIVIL TERM CIVIL ACTION - LAW IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REQUEST THE ENTRY OF A DIVORCE DECREE UNDER U301(e) OF THE DIVORCE CODE 1. 1 consent to the entry of a final decree in divorce without notice. 2. 1 understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if I do not claim them before a divorce is granted. 3. 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 THE FOREGOING AFFIDAVIT 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./. ? DATE: Z ^ Z S J0 '-7- ? f Z/t? ,i 1 R B I2T D. PORTER, Plaintiff ?-__, _ k ?? ?? 1J?'% c: ' 4 CJ `? ' ?: `_? __ • . i ? ? 'GC: ..? .,. i 4u?- JU.t c? _ U=:i.: _ _ ?, __ . ~ O ' .i T C° U N T D. P RTER, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. ROBYN A. PORTER, Defendant NO. 99-6954 CIVIL TERM CIVIL ACTION - LAW IN DIVORCE AFFIDAVIT OF CONSEN'C A Complaint in Divorce under §3301 (c) of the Divorce Code was filed on November 17, 1999, and served on November 24, 1999. 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety (90) days have elapsed from the date of filing and service of the Complaint. 3. I consent to the entry of a final Decree of Divorce after service of notice of intention to request entry of the decree. 1 VERIFY THAT THE STATEMENTS MADE IN THE FOREGOING AFFIDAVIT 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. 3IIIIby ? DATE: A?w ROBYN A. PORTER, Defendant -' ,.? - `?? c ;? : _ . ,: -- , :_??; ??r,. CV _ ili??_ J?rJ ?_ ?? ?: I ? _ U .° cv ?. ROBERT D. PORTER, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. ROBYN A. PORTER, Defendant : NO. 99-6954 CIVIL TERM : CIVIL ACTION -LAW : IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REQUEST THE ENTRY OF A DIVORCE DECREE UNDER 43301(c) OF THE DIVORCE CODE I consent to the entry of a final decree in divorce without notice. 2. 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. 3. 1 understand that I will not be divorced until a divorce decree is entered by the Court and that a copy of the decree will be sent to me immediately after it is filed with the Prothonotary. I VERIFY THAT THE STATEMENTS MADE IN THE FOREGOING AFFIDAVIT 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. DATE: J I ,f C! L1 ROBYN A. PORTER, Defendant r? ?.. O? _ ?-• n7 ?? _i:- u_?- __ ?:f: - .v . ?u: u.i -= G ?; ?? C• ROBERT D. PORTER, Plaintiff V. ROBYN R. PORTER, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW 99-6954 CIVIL TERM ORDER OF COURT AND NOW, this 22nd day of October, 2002, it appearing that docket activity has occurred in the above-captioned case, the case is stricken from the purge list, and shall remain active. Thomas S. Diehl, Esquire For the Plaintiff /Paul B. Orr, Esquire For the Defendant Court Administrator wcy ?' RXS - N-6-0p, V Y f I By the Court, ROBYN A. PORTER IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff CIVI(i?AON - LAW VS. NO. v CIVIL 19 ROBERT D. PORTER IN DIVORCE Defendant STATUS SHEET .•I 1 :` I' ' ROBYN A. PORTER, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA VS. NO. 99 - 6954 CIVIL ROBERT D. PORTER, Defendant IN DIVORCE TO: Thomas S. Diehl Attorney for Plaintiff Paul B. Orr Attorney for Defendant DATE: Tuesday, February 18, 2003 CERTIFICATION I certify that discovery is complete as to the claims for which the Master has been appointed. OR IF DISCOVERY IS NOT COMPLETE: (a) Outline what information is required that is not complete in order to prepare the case for trial and indicate whether there are any outstanding interrogatories or discovery motions. (b) Provide approximate date when discovery will be complete and indicate what action is being taken to complete discovery. DATE COUNSEL FOR PLAINTIFF ( ) COUNSEL FOR DEFENDANT ( ) NOTE: PRETRIAL DIRECTIVES WILL NOT BE ISSUED FOR THE FILING OF PRETRIAL STATEMENTS UNTIL COUNSEL HAVE CERTIFIED THAT DISCOVERY IS COMPLETE, OR OTHERWISE AT THE MASTER'S DISCRETION. AFTER RECEIVING THIS DOCUMENT FROM BOTH COUNSEL OR A PARTY TO THE ACTION, IF NOT REPRESENTED BY COUNSEL, INDICATING THAT DISCOVERY IS NOT COMPLETE, THE DIRECTIVE FOR FILING OF PRETRIAL STATEMENTS WILL BE ISSUED AT THE MASTER'S DISCRETION. HOWEVER, IF BOTH COUNSEL, OR A PARTY NOT REPRESENTED, CERTIFY THAT DISCOVERY IS COMPLETE, A DIRECTIVE TO FILE PRETRIAL STATEMENTS WILL BE ISSUED IMMEDIATELY. THE CERTIFICATION DOCUMENT SHOULD BE RETURNED TO THE MASTER'S OFFICE WITHIN TWO (2) WEEKS OF THE DATE SHOWN ON THE DOCUMENT. n -e? P11.9510D Qlj? Cumberia d County Prothonotary's Ottice Ca e Entiries (]! 1999-06954 PORTER?ROBERT D (vs)PO TER R qL'i J qq Filed Date: 11/17/1999 Time: 1:53 Case Type: COMPLAINT - DIVORCE Page 2 of 2 - - - - - - - - - - - - - FIRST ENTRY - - - - - - - - - - - - - - 11/17/99 COMPLAINT - DIVORCE ------------------------------------------------------------------- 11/24/99 CERTIFICATE OF SERVICE ------------------------------------------------------------------- 10/21/02 PRAECIPE TO REQUEST THE CASE REMAIN ON THE ACTIVE DOCKET LIST - BY THOMAS S DIEHL ESQ FOR PLFF ------------------------------------------------------------------- 11/19/02 ORDER OF COURT DATED 10/22/02 - IN RE 2002 PURGE LIST FOR 1999 CAS ES - THE CASE IS STRICKEN FROM THE PURGE LIST AND SHALL REMAIN ACTI VE - J WESLEY OLER JR J - NOTICE MAILED 11/18/02 ------------------------------------------------------------------- 2/04/03 MOTION FOR APPOINTMENT OF DIVORCE MASTER - BY THOMAS S DIEHL ESQ FOR PLFF ------------------------------------------------------------------- 2/05/03 ORDER APPOINTING MASTER 2/05/03 E ROBERT ELICKER ESQ IS + F2=Done F10=Print F12=Cancel F17=Top F18=Hot -??? \? 114 0A, YW+'? ?`??s ku. dAkt, P o n - gl ?? ?C) CW? 1 lr. PYS510D Cumberland County Prothonotary's Ottice Case Entries 1999-06954 PORTER ROBERT D (vs) PORTER ROBYN R Filed Date: 11/17/1999 Time: 1:53 Case Type: COMPLAINT - DIVORCE Page 2 of 2 APPOINTED MASTER WITH RESPECT TO THE FOLLOWING CLAIMS ALL GEORGE E HOFFER P JUDGE - - - - - - - - - - - - - - LAST ENTRY - - - - - - - - - - - - - - F2=Done F10=Print F12=Cancel F17=Top F18=Bot PAUL BRADFORD ORR LAW OFFICES 50 EASr Iilctl SI'Rn7r1CARLISLIi, PA 17013 t'LIONE (717) 258-8558 FAN(717)258-5289 Nud Bridlind Orr. Inquire Gregon' L. Culler. FS(ImW I leather L. Smith-Orr. I'arulegal E. Robert Elicker, 11, Esquire Divorce Master 9 North Hanover Street Carlisle, PA 17013 Thomas S. Diehl, Esquire Mislitsky and Diehl One West High Street, Suite 208 P. O. Box 1290 Carlisle, PA 17013 RE: Porter v. Porter Action in Divorce Docket No.: 99-6954 Dear Sus: February 24, 2003 Email: Orrl awy anLnnn 'Alen Admitted to .Monl:md Har This shall confirm that the above captioned Divorce action has been settled by way of an out of Court agreement. Further, it is my understanding that all parties will be signing Affidavits of Consent and Notice to Request Entry of Divorce Decree no later than Friday, February 28, 2003. In closing, I respectfully request that this matter be vacated at this time. TV, Paul Bradfor rr PBO:hso Enclosure ROBYN A. PORTER, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA Vs. NO. 99 - 6954 CIVIL ROBERT D. PORTER, Defendant IN DIVORCE TO: Thomas S. Diehl , Attorney for Plaintiff Paul B. Orr , Attorney for Defendant DATE: Tuesday, February 18, 2003 CERTIFICATION I certify that discovery is complete as to the claims for which the Master has been appointed. OR IF DISCOVERY IS NOT COMPLETE: (a) Outline what information is required that is not complete in order to prepare the case for trial and indicate whether there are any outstanding interrogatories or discovery motions. (b) Provide approximate date when discovery will be complete and indicate what action is being taken to complete discovery. D CctaQ `?l1 l 2 ZZ Q3 DATE COUNSEL FOR PLAINTIFF ( ) COUNSEL FOR DEFENDANT) NOTE: PRETRIAL DIRECTIVES WILL NOT BE ISSUED FOR THE FILING OF PRETRIAL STATEMENTS UNTIL COUNSEL HAVE CERTIFIED THAT DISCOVERY IS COMPLETE, OR OTHERWISE AT THE MASTER'S DISCRETION. AFTER RECEIVING THIS DOCUMENT FROM BOTH COUNSEL OR A PARTY TO THE ACTION, IF NOT REPRESENTED BY COUNSEL, INDICATING THAT DISCOVERY IS NOT COMPLETE, THE DIRECTIVE FOR FILING OF PRETRIAL STATEMENTS WILL BE ISSUED AT THE MASTER'S DISCRETION. HOWEVER, IF BOTH COUNSEL, OR A PARTY NOT REPRESENTED, CERTIFY THAT DISCOVERY IS COMPLETE, A DIRECTIVE TO FILE PRETRIAL STATEMENTS WILL BE ISSUED IMMEDIATELY. THE CERTIFICATION DOCUMENT SHOULD BE RETURNED TO THE MASTER'S OFFICE WITHIN TWO (2) WEEKS OF THE DATE SHOWN ON THE DOCUMENT. ROBYN A. PORTER, Plaintiff V. ROBERT D. PORTER, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 99-6954 CIVIL TERM CIVIL ACTION - LAW IN DIVORCE PRAECIPE TO THE PROTHONOTARY: The Plaintiff, Robyn A. Porter, by and through her attorney, Thomas S. Diehl, respectfully requests that the above-captioned case remain on the active docket list as property negotiations between the Plaintiff and Defendant are still being actively pursued in this matter. Respectfully submitted, Date: October 21, 2002 omas S. Diehl Attorney for the Plaintiff One West High Street, Suite 208 Carlisle, Pennsylvania 17013 (717) 240-0833 (717) 240-0893 - FAX cc: Paul B. Orr, Esquire Attorney for Defendant CY L? i u iii 3 { i r C c C\! v U I .j i y SEPARATION AND PROPERTY SETTLEMENT AGREEMENT THIS AGREEMENT made this aSf day of Fm , 2004, by and between ROBYNA. PORTER, of 205 West Pine Street, Mt. Holly Springs, Cumberland County, c; cn Pennsylvania, party of the first part, hereinafter referred to as " iVife," ?- AND ui O ROBERT D. PORTER, of P.O. Box 24, Mt. Holly Springs, Cumbexlatid QountyTj 77 Pennsylvania, party of the second part, hereinafter referred to as "Husband," WITNESSETH: WHEREAS, Husband and Wife were married on August 25, 1979, in Mt. Holly Springs, Cumberland County, Pennsylvania; and WHEREAS, Husband and Wife are residents of the Commonwealth of Pennsylvania and have been so for at least the past six months; WHEREAS, certain differences have arisen between the parties hereto which have made them desirous of living separate and apart from one another; and WHEREAS, Husband and Wife desire to settle and determine certain of their marital rights and obligations, and make an equitable distribution of their marital property, determine their rights to alimony and support and any other matters which may be considered under the Divorce Code; and WHEREAS, it is the intention and purpose of this Agreement to set forth the respective rights and duties of the parties while they continue to live apart from each other and to settle all financial and property rights between them; and WHEREAS, the parties hereto have mutually entered into an agreement for the division of their jointly owned assets, the provisions for the liabilities they owe, and provisions for the --Page I of 14-- resolution of their mutual differences, after both have had full and ample opportunity to consult with attorneys of their respective choice, the parties now wish to have that agreement reduced to writing. NOW, THEREFORE, the parties hereto in consideration of the mutually made and to be kept promises set forth hereinafter and for other good and valuable consideration, and intending to be legally bound and to legally bind their heirs, successors, assigns, and personal representatives, do hereby covenant, promise and agree as follows: ARTICLE I SEPARATION 1.1 It shall be lawful for Husband and Wife at all times hereafter to live separate and apart from each other and to reside from time to time at such place or places as they shall respectively deem fit free from any control, restraint, or interference, direct or indirect, by each other. Neither party shall molest the other or compel or endeavor to compel the other to cohabit or dwell with him or her by any legal or other proceedings. The foregoing provisions shall not be taken to be an admission on the part of either Husband or Wife of the lawfulness of the causes leading to them living separate and apart. ARTICLE II DIVORCE 2.1 This Agreement is not predicated on divorce. It is specifically understood and agreed by and between the parties hereto that each of the said parties does hereby warrant and represent to the other that the execution and delivery of this Agreement is not predicated upon nor made subject to any agreement for institution, prosecution, defense, or for the non-prosecution or non- defense of any action for divorce; provided, however, that nothing contained in this Agreement --Page 2 of 14•- shall prevent or preclude either of the parties hereto from commencing, instituting or prosecuting any action or actions for divorce, either absolute or otherwise, upon just, legal and proper grounds; not to prevent either party from defending any such action which has been, may, or shall be instituted by the other party, or from making any just or proper defense thereto. It is warranted, covenanted, and represented by Husband and Wife, each to the other, that this Agreement is lawful and enforceable and this warranty, covenant, and representation is made for the specific purpose of inducing Husband and Wife to execute the Agreement. Husband and Wife each knowingly and understandingly hereby waive any and all possible claims that this Agreement is, for any reason, illegal, or for any reason whatsoever of public policy, unenforceable in whole or in part. Husband and Wife do each hereby warrant, covenant and agree that, in any possible event, he and she are and shall forever be estopped from asserting any illegality or unenforceability as to all or any part of this Agreement. 2.2 It is further specifically understood and agreed that the provision of this Agreement relating to the equitable distribution of property of the parties are accepted by each party as a final settlement for all purposes whatsoever. Should either of the parties obtain a decree, judgment or order of separation or divorce in any other state, country, or jurisdiction, each of the parties to this Agreement hereby consents and agrees that this Agreement and all its covenants shall not be affected in any way by any such separation and divorce. 2.3 This Agreement shall survive any decree in divorce and shall be forever binding and conclusive on the parties. It is understood by and between the parties that this Agreement shall be incorporated into any decree, divorce or separation, but it shall not be deemed merged in such decree. .-Page 3 of 14-- ,I EQUITABLE DISTRIBUTION OF MARITAL PROPERTY TICLE III 3.1 The parties have attempted to divide their marital property in a manner which conforms to the criteria set forth in the Pennsylvania Divorce Code, and taking into account the following considerations: the length of the marriage; the prior marriages of the parties; the age, health, station, amount and sources of income, vocational skills, employability; estate, liabilities, and needs for each of the parties; the contribution of one party to the education, training or increased caming power to the other party; the opportunity of each party for future acquisition of capital assets and income; the sources of income of both parties, including but not limited to medical, retirement, insurance or other benefits; the contribution or dissipation of each part in the acquisition, preservation, depreciation, or appreciation of marital property, including the contribution of a party as a homemaker; the value of the property set apart to each party; the standard of living of the parties established during their marriage, the economic circumstances of each party, including federal, state and local tax ramifications, at the time of the division of the property is to become effective; and whether the parties will be serving as the custodian of any dependent minor children. 3.2 The division of existing marital property is not intended by the parties to constitute in any way a sale or exchange of assets and the division is being affected without the introduction of outside funds or other property not constituting marital property. The division of property under this Agreement shall be in full satisfaction of all rights of equitable distribution of the parties. --Page 4 of I4-- 3.3 Personal Property. The parties acknowledge that they have divided their personal property, tangible and intangible, to their mutual satisfaction. This includes any and all vehicles that the parties had in their possession at the time of separation and which they have retained for their personal use. The parties further acknowledge that they have the cash, accounts, furniture, appliances, guns, and other personal property, tangible and intangible, in their possession that they wish to have and retain from this time forward. Neither party shall make any claim whatsoever against the personal property in the other party's possession or assets in that other party's possession from the time of execution of this Agreement forward. In the event it is necessary for either party to execute any documents to waive, transfer or relinquish any of their interest in the personal property retained by the other party, they will do so within fifteen (15) days of being requested to do so by the other party or their representative. 3.4 Life Insurance. Each party agrees that the other party shall have sole ownership and possession of any life insurance policies owned by the other. Each party shall have the right to borrow against, cash in policies, change beneficiaries, an exercise any other incidents of ownership of the respective policies free of any right or claim by the other party. Each party agrees to sign any documents necessary to waive, relinquish or transfer any rights in such policies to the respective party who presently owns such policies. 3.5 Sttbseattently Acattired Property. Husband and Wife agree to waive and relinquish any and all right that he or she may now have or hereafter acquire in any real or tangible personal property subsequently acquired by the other party. Husband and Wife specifically agree to --Page 5 of 14-. and relinquish her interest to any such accounts within fifteen (15) days of being requested to do so by Husband or his representative. Husband hereby waives, relinquishes or transfers any and all of his right, title and interest he has or may have in Wife's Hartford Life Insurance Company Annuity and in Wifc's 401(k) plan through Copeland, as well as any other retirement accounts including any pension, profit sharing, 401(k), IRA, or other accounts which Wife may have secured privately or through her current or prior employment. Husband shall execute any and all necessary documents to so waive, transfer, and relinquish his interest to any such accounts within fifteen (15) days of being requested to do so by Wife or her representative. 3.8 /ntanneible Personal Property. Husband shall retain the Keystone checking account and the Keystone mutual fund account that were held in the parties' joint names at the time of their separation. Wife shall retain the regular joint checking account that she retained at the time of separation. In the event it is necessary for either party to execute any documents to transfer their interest in these accounts, they will do so within fifteen (15) days of being requested to do so by the other party or their representative. Otherwise, each party hereby waives, relinquishes or transfers any and all right, title and interest they have in the aforesaid account and shall make no claim of any nature whatsoever relative to legal or equitable interest in the accounts from this time forward. Further, the parties have otherwise already transferred or waived rights and interest in other intangible personal property, including their various bank accounts, credit union accounts, and the like. Each party agrees to sign any documents necessary to close any joint accounts within fifteen (15) days of signing this Agreement. Neither party shall make any claim of any nature whatsoever against the other party relative to the financial accounts or other --rage 7 of 14-- O ?I investments or intangible personal property that have already been retained by that party as described herein. 3.9 Cast Disbursement. Husband shall compensate Wife with a lump sum payment of SIXTY-FIVE THOUSAND AND XX/100 ($65,000.00) DOLLARS which funds shall be distributed from Husband, in any manner he selects, through Wife's counsel for purposes of distribution to Wife. This lump sum distribution is an integral part of the comprehensive equitable distribution of marital assets provided for herein and as previously referenced, is a nontaxable event. The lump sum of SIXTY-FIVE THOUSAND AND XX/100 ($65,000.00) DOLLARS to be paid as herein provided shall be made contemporaneously with execution of the Agreement, the Affidavit of Waiver, and the Waiver of Notice of Intention to Request the Entry of a Decree in Divorce documents, all associated with the pending divorce action between the parties docketed to number 99-6954 Civil Term in the Court of Common Pleas of Cumberland County, Pennsylvania. ARTICLE IV ALIMONY. ALIMONY PENDENTE LITE (APL), SPOUSAL SUPPORT. CHILD SUPPORT AND MAINTENANCE 4.1 The parties herein acknowledge that they have each secured and maintained a substantial and adequate fund with which to provide themselves sufficient resources to provide for their comfort, maintenance and support in the station of life to which they are accustom. Husband and Wife do hereby waive, release and give up any rights they may respectfully have against the other for alimony, support or maintenance except as provided hcreinbefore. --Page 8 of I4.. 1 I 1 4.2 Husband and Wife specifically waive, release and give up any rights for alimony, alimony pendente lite and spousal pursuant to Chapter 37 of the Domestic Relations Code. ARTICLE V DEBTS OF THE PART/ES 5.1 Each party represents to the other that except as is otherwise set forth in this Agreement, there are no major outstanding obligations of the parties; that since the separation neither party has contracted or any debts for which the other will be responsible and each party indemnifies and holds harmless the other for all obligations separately incurred or assumed under this Agreement. ARTICLE VI MISCELLANEOUS PROVISIONS 6.1 Advise of Counsel. The parties acknowledge that they have received independent legal advice from counsel of their own selection, with Bradley L. Griffie, Esquire advising Wife and Paul Bradford Orr, Esquire advising Husband, and that they fully understand the facts and have been fully informed as to their legal rights and obligations and they acknowledge and accept that this Agreement is, in the circumstance, fair and equitable and that it is being entered into freely and voluntarily after having received such advice and with such knowledge 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 and the parties hereto state that he/she, in the procurement and execution of this Agreement, has not been subject to any fraud, concealment, overreaching, imposition, coercion, of other unfair dealing on the part of the other, or on the part of the other's counsel. .-Page 9 of 14-- 6.2 Mutual Release. Husband and Wife each do hereby mutually remise, release, quitclaim, and forever discharge the other and the estate of such other, for all times to come and for all purposes whatsoever, of and from any and all right, title and interest, or claims in or against 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, the estate of such other, or any part thereof, whether arising out of any former acts, contracts, engagements, or liabilities of such other as by way 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; or 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 (a) Pennsylvania, (b) any state, commonwealth or territory of the United States, or (c) any other country, or 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, costs or expenses, whether arising as a result of the marital relation or otherwise, except and only except, all rights and agreements and obligations of whatsoever nature arising or which may arise under this Agreement or for the breach of any thereof. It is the intention of Husband and Wife to give to each other by execution of this Agreement a full, complete, and general release with respect to any and all property of any kind or nature, real or personal, not 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 thereof. --Page 10 of 14-- 6..3 Warranties. Each party represents that they have not heretofore incurred or contracted for any debt or liability or obligation for which the estate of the other party may be responsible or liable, except as may be provided for in this Agreement. Each party agrees to indemnify or hold the other party harmless from and against any and all such debts, liabilities or obligations of every kind, including those for necessities, except for the obligations arising out of this Agreement. Husband and Wife each warrant, covenant, represent and agree that each will, now and at all times hereafter, save harmless and keep the other indemnified from all debts, charges, and liabilities incurred by the other after the execution date of this Agreement, except as is otherwise specifically provided for by the terms of this Agreement and that neither of them hereafter incur any liability whatsoever for which the estate of the other may be liable. 6.4 No waiver or modification of any of the terms of this Agreement shall be valid unless in writing and signed by both parties and no waiver of any breach hereof or default hereunder shall be deemed a waiver of any subsequent default of the same or similar nature. 6.5 Husband and Wife covenant and agree that they will forthwith execute any and all written instruments, assignments, releases, satisfactions, deeds, notes or such other writings as may be necessary or desirable for the proper implementation of this Agreement, and as their respective counsel shall mutually agree should be so executed in order to carry fully and effectively the terms of this Agreement. 6.6 This Agreement shall be construed in accordance with the laws of the Commonwealth of Pennsylvania which are in effect as of the date of the execution of this Agreement. --Page I I of 14-- 6.7 This Agreement shall be binding and shall inure to the benefit of the parties hereto and their respective heirs, executors, administrators, successors and assigns. 6.8 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. 6.9 Severability. If any term, condition, clause, section, or provision of this Agreement shall be determined or declared to be void or invalid in law or otherwise, then only that term, condition, clause or provision shall be stricken from this Agreement, and in all other respects, this Agreement shall be valid and continue in full force, effect, and operation. Likewise, the failure of any party to meet his or her obligation under any one or more of the articles and sections herein shall in no way void or alter the remaining obligations of the parties. 6.10 It is specifically understood and agreed that this Agreement constitutes the equitable distribution of property, both real and personal, which was legally and beneficially acquired by Husband and Wife, or either of them, during the marriage as contemplated by the Divorce Code of the Commonwealth of Pennsylvania. 6.11 Disclosure. The parties each warrant and represent to the other that he or she has made a full and complete disclosure to the other of all assets of any nature whatsoever in which party has an interest, of the sources, and amount of the income of such party of every type whatsoever, and all other facts relating to the subject matter of this Agreement. --Page 12 of I4-- 6.11 Enforceability and Consideration. This Agreement shall survive any action for divorce and decree of divorce and shall forever be binding and conclusive on the parties; and any independent action may be brought, either at law or in equity, to enforce the terms of the Agreement by either Husband or Wife until it shall have been fully satisfied and performed. The consideration for this contract and agreement is the mutual benefits to be obtained by both of the parties hereto and the covenants and agreements of each of the parties to the other. The adequacy of the consideration for all agreements herein contained is stipulated, confessed, and admitted by the parties, and the parties intend to be legally bound hereby. In the event either party breaches the aforesaid Agreement and it is determined through appropriate legal action that the alleged party has so breached the Agreement, the breaching party shall be responsible for any and all attorney's fees as well as costs and expenses associated with litigation incurred by the non-breaching party to enforce this Agreement against the breaching party. In the event of breach, the non-breaching party shall have the right, at his or her election, to sue for damages for such breach or to seek such other and additional remedies as may be available to him or her including equitable enforcement of this Agreement. IN WITNESS WHEREOF, the parties hereto have set their hands and seals the day and year first above written. 31liIo?I Date ROBYN A. PORTER Date v R BERT D. PORTER --Page 13 of 14- F- WITNESSED BY: COMMONWEALTH OF PENNSYLVANIA COUNTY OF i?r • ?n 3 - On this ?6, day ofp Fe nee t n l:-? , 2004, before me, the undersigned ?lObcO, 9 officer, personally appeared ReDFA' A PORTER, known to me (or satisfactory proven) to be the person whose name is subscribed to the within Agreement and acknowledged that she executed the same for the purpose therein contained. IN WITNESS WHEREOF, I hereunto set my hand and official seal. ,N ary Public Notarial Seat Rebecca L Moore, Notary Public North MlddlatonTw%. Cumberland County My CommiselOn Expires July 26, 2004 Mnmtm4Penn5ulvanla0.vsala!i^•no! Ndant;5 COMMONWEALTH OF PENNSYLVANIA COUNTYOF hV{c4"?t???4rl?lle'? On this day of btlu? V? 2004, before me, the undersigned Q05131J A• 4-i-3L- officer, personally appeared -A PORTER, known to me (or satisfactory proven) to be the person whose name is subscribed to the within Agreement and acknowledged that he executed the same for the purpose therein contained. IN WITNESS WHEREOF, I hereunto set my hand and official seal. 31 C? V Notary Public r A ooz SVOR s3tlldl(3 N0ISSIWW00 m M1100 aNY183anna '0809 31SI18WO 0111LUANYlON'NYWN31'f YiNIY11 TMWW ION --Page 14 of 14--