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HomeMy WebLinkAbout07-2759SANDRA C. LANGAN Plaintiff V. MARTIN J. LANGAN Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW IN DIVORCE NOTICE TO DEFEND AND CLAIM RIGHTS YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set forth in the following pages, you must take prompt action. You are warned that if you fail to do so, the case may proceed without you and a decree of divorce or annulment may be entered against you by the Court. A judgment may also be entered against you for any other claim or relief requested in these papers by the Plaintiff. You may lose money or property or other rights important to you, including custody or visitation of your children. When the ground for 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, Cumberland County Courthouse, One Courthouse Square, Carlisle, Pennsylvania 17013. IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY, LAWYERS'S FEES OR EXPENSES BEFORE A DIVORCE OR ANNULMENT IS GRANTED, YOU MAY LOSE THE RIGHT TO CLAIM ANY OF THEM. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 32 South Bedford St. Carlisle, PA 17013 (717) 249-3166 OR (800) 990-9108 SANDRA C. LANGAN Plaintiff V. MARTIN J. LANGAN Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW IN DIVORCE COMPLAINT 1. Plaintiff is Sandra C. Langan, who currently resides at 605 Spring Lane, Boiling Springs, Cumberland County, Pennsylvania. 2. Defendant is Martin J. Langan, who currently resides at 605 Spring Lane, Boiling Springs, Cumberland County, Pennsylvania. 3. The Plaintiff and Defendant have been bona fide residents in the Commonwealth for at least six (6) months immediately previous to the filing of this Complaint. 4. The Plaintiff and Defendant were married on March 30, 1995 in Fort Hamilton, Brooklyn, New York. COUNT I - DIVORCE 5. Paragraphs 1 through 4 of this Complaint are incorporated herein by reference as though set forth in full. 6. There have been no prior actions of divorce or for annulment between the parties. 7. Divorce is sought pursuant to the provisions of the Divorce Code, § § 3301(a), (c) and (d), in that: a. The Defendant offered such indignities to the Plaintiff as to render Plaintiff's condition intolerable and life burdensome. b. The marriage is irretrievably broke. C. Plaintiff and Defendant have lived separate and apart since November 2004, and continue to do so. 8. Plaintiff has been advised that counseling is available and that Plaintiff may have the right to request that the court require the parties to participate in such counseling. 9. The Defendant in this action is a member of the Armed forces. WHEREFORE, the Plaintiff requests the Court to enter a decree of Divorce. COUNT II - EQUITABLE DISTRIBUTION 10. Paragraphs 1 through 9 of this Complaint are incorporated herein by reference as though set forth in full. 11. Plaintiff and Defendant have acquired property, both real and personal, during their marriage, which property is "marital property." 12. Plaintiff and Defendant may have owned, prior to marriage, property that has increased in value during the marriage and/or which has been exchanged for other property, that has increased in value during the marriage, all of which property is "marital property". 13. Plaintiff and Defendant have been unable to agree as to an equitable division of said property prior to the filing of this Complaint. WHEREFORE, the Plaintiff requests this Honorable Court to equitably divide all marital property. COUNT III - ALIMONY PENDENTE LITE AND ALIMONY 14. Paragraphs 1 through 13 of this Complaint are incorporated herein by reference as though set forth in full. 15. Plaintiff requires reasonable support to maintain herself adequately in accordance with the standard of living established during the marriage. WHEREFORE, Plaintiff requests this Honorable Court to enter an award of alimony pendente lite until final hearing and thereafter to enter an award for alimony. COUNT IV - COUNSEL FEES AND COSTS 16. Paragraphs 1 through 15 of this Complaint are incorporated herein by reference as though set forth in full. 17. Plaintiff has retained Stephanie E. Chertok and Cindy L. Hribal, as her Attorneys, but is unable to pay the necessary and reasonable attorney's fees for said counsel. 18. Plaintiff may need to hire experts to appraise the marital property but she lacks the funds to pay the necessary and reasonable fees. WHEREFORE, Plaintiff requests this Honorable Court to enter an award of interim counsel fees, costs, and expenses and to order such additional sums hereafter as may be deemed necessary and appropriate, and at final hearing to award such additional counsel fees, costs and expenses as are deemed necessary and appropriate. Respectfully submitted, Step anie hertok, Esq. PA up. ID# 52651 Cindy L. Hribal, Esq. PA Sup. Ct. ID# 202325 61 W. Louther St. Carlisle, PA 17013 717-249-1177 Counsel for Plaintiff VERIFICATION I, Sandra C. Langan, verify that the statements made in this Divorce Complaint are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. Cons. Stat. § 4904 relating to unsworn falsification to authorities. Date Sandra C. Langan Plaintiff r SANDRA C. LANGAN Plaintiff V. MARTIN J. LANGAN Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW IN DIVORCE CERTIFICATE OF SERVICE I, Stephanie E. Chertok, counsel for Plaintiff hereby certify that a copy of the Complaint for Divorce, directed to Defendant, was served upon Defendant at Defendant's residence, 605 Spring Lane, Boiling Springs, Pennsylvania 17007, this 'S?7'7/ day of , 2007, by first-class mail, postage prepaid, and certified mail, return receipt requested, pursuant to Pa. C.R.P. 1930.4(c). ep ie hertok, sq. PA Ci.ll)# 52651 Cindy L. Hribal, Esq. PA Sup. Ct. ID# 202325 61 W. Louther St. Carlisle, PA 17013 717-249-1177 Counsel for Plaintiff na 4 to CD Q P-, LAW OFFICES OF PETER J. RUSSO, P.C. BY: ELIZABETH J. SAYLOR, ESQUIRE PA Supreme Court ID: 200139 3800 Market Street Camp Hill, PA _17011 PH: (717) 591-1755 F: (717) 591-1756 Isaylor@podaw.com Attorneys for Plaintiff SANDRA C. LANGAN : IN THE COURT OF COMMON PLEAS OF Plaintiff, : CUMBERLAND COUNTY, PENNSYLVANIA V. : CIVIL ACTION -LAW MARTIN J. LANGAN : NO. 2007 - 2759 CIVIL TERM Defendant : IN DIVORCE STIPULATED PROPERTY SETTLEMENT AGREEMENT THIS AGREEMENT is hereby made and entered into this day of February, 2008, by and between Sandra C. Langan (hereinafter 'W'ife") and Martin J. Langan (hereinafter "Husband"). Witnesseth: Whereas, the Parties hereto are husband and wife, having been married on March 30, 1995; and Whereas, marital differences and difficulties have arisen between the Parties; and Whereas, the Parties separated on May of 2007, and intended to continue to live apart and desire to forever completely settle the separation of their marital and non-marital property, real and personal, belonging to either and/or both of the parties hereto and all other rights, entitlements, benefits, and privileges involved between the parties hereto SCL 5'C /' MJL Za? 1z - 1 arising directly or indirectly out of the marriage relationship; and Whereas, Sandra C. Langan is represented by Elizabeth J. Saylor, Esquire of The Law Offices of Peter J. Russo, P.C.; Whereas, Martin J. Langan is represented by Karl E. Rominger, Esquire of Rominger & Associates; Whereas, the Parties have had adequate time and opportunity to consult with legal counsel; Whereas, both Parties acknowledge that they are satisfied with the legal advice they have received and understand the full importance of the Agreement they are entering into; and Now, therefore, the parties, in consideration of the foregoing promises, and the mutual promises and undertakings hereinafter set forth, agree as follows: 1. RIGHT TO LIVE SEPARATE It shall be lawful for Husband and Wife at all times hereinafter to live separate and apart from each other and to reside from time to time at such place or places as he and she shall respectively deem fit, free from any control, restraint or interference, direct or indirect, by each other. The foregoing provisions shall not be taken to be any admission on the part of either Husband or Wife of the lawfulness or unlawfulness of the causes leading to their living apart. 2. FREEDOM FROM INTERFERENCE Each parry shall be free from interference, authority and contact by the other as if he or she were single and unmarried except as necessary to carry out provisions of this SCL L 2 MIL Agreement. Neither party shall harass the other or attempt to endeavor to harass the other, nor compel the other to cohabit with the other, or in any way malign the other, nor in any way interfere with the peaceful existence, separate and apart from the other. 3. DISTRIBUTION OF VEHICLES a. Wife shall assume all payments, insurance and repair bills connected with the 2004 Subaru Outback currently in Wife's name and in Wife's possession. With respect to this vehicle, Husband agrees that Wife shall retain possession of and retain as her sole and separate property the aforementioned vehicle with all responsibility for payment of any outstanding indebtedness thereon, free of any and all right, title, claim or interest of Husband. Wife shall indemnify and hold Husband and his property harmless from any and all liability, cost or expense, including actual attorney's fees, incurred in connection with any vehicle belonging to Wife by virtue of this paragraph. b. Husband shall assume all payments, including insurance and repair bills connected with the 1996 Nissan Sentra GXE currently in Husband's name and in Husband's possession. With respect to this vehicle, Wife agrees that Husband shall retain possession of and retain as his sole and separate property the aforementioned vehicle with all responsibility for payment of any outstanding indebtedness thereon, free of any and all right, title, claim or interest of Wife. Husband shall indemnify and hold Wife and her property harmless from any and all liability, cost or expense, including actual attorney's fees, incurred in connection with any vehicle belonging to Husband by virtue of this paragraph. Wife agrees to take whatever steps are necessary to place title of said vehicle in Husband's sole name. SCL S e ?-- 3 MIL 4. ASSUMPTION OF MARITAL DEBT The parties have an outstanding home equity debt of approximately One Hundred Ninety One Thousand Dollars ($191,000.00), which shall be assigned as set forth in Paragraph 6 below. Furthermore, each party shall be responsible for the balance of any credit card and/or other debt held in their own personal name. It is specifically agreed by the parties that any payment or obligation due under this agreement shall not be dischargeable in bankruptcy. 5. DISTRIBUTION AND RELEASE OF MARITAL DEBT With the exception of liens against motor vehicles and those set forth in Paragraph 4, the parties agree: a. Wife assumes full responsibility for any indebtedness which she has contracted or incurred in her name, alone or jointly, after the date of separation. Wife represents and warrants to Husband that, since the date of separation, she has not contracted or incurred any debt or liability, for which Husband or his Estate might be responsible, and shall indemnify and save Husband harmless from any and all claims or demands made against him or his Estate by reason of debts or obligations incurred by Wife and/or assumed herein. b. Husband assumes full responsibility for any indebtedness which he has contracted or incurred in his name, alone or jointly, after the date of separation. Husband represents and warrants to Wife that, since the date of separation, he has not contracted or incurred any debt or liability, for which Wife or her Estate might be responsible, and shall indemnify and save Wife harmless from any and all claims or SCL 5 C L 4 MJL demands made against her or her Estate by reason of debts or obligations incurred by Husband and/or assumed herein. 6. RESIDENCE AND CONTENTS AND PERSONAL PROPERTY RESIDENCE During the course of this marriage, the parties resided at a residence located at 605 Spring Lane, Boiling Springs, Pennsylvania, 17007, which is deeded to and carries a home equity loan in the names of both Husband and Wife. Both parties agree as follows with respect to the Marital Residence: a. Wife shall become the sole and exclusive owner of the Marital Residence and shall be permitted to take any action with respect thereto that she deems appropriate. Husband hereby waives, relinquishes and releases any and all past, present or future right, title, claim and interest he may have in and to the Marital Residence. Husband shall execute an Irrevocable Specific Power of Attorney in favor of Wife to allow Wife to only transfer Husband's ownership interest in the home located at 605 Spring Lane, Boiling Springs, Pennsylvania, 17007. The said Irrevocable Specific Power of Attorney shall only be exercised following or simultaneously with the extinguishment and/or release of Husband from the aforementioned home equity loan. Wife shall remove Husband's name from the home equity loan on the Marital Residence within six (6) months from the execution of this agreement. 7. CONTENTS AND PERSONAL PROPERTY As of the date of the execution of this Agreement, the parties shall transfer and assign their rights, title, claim and interest in specific property. Wife shall have as her own, SCL 5C /- 5 MJL 7 free and clear of any claims of Husband, all of the items, household goods, furniture, furnishings, appurtenances, and appliances in which she kept in her possession upon the parties separation. Husband shall have as his-own, free and clear of any claims of Wife, all of the items, household goods, furniture, furnishings, appurtenances, and appliances in which he took into his possession upon the parties' separation. 8. MISCELLANEOUS PROPERTY - PERSONAL AND MARITAL It is further agreed that both Husband and Wife shall retain as his or her own any and all personal effects, clothing, and personal jewelry. The parties further agree that any property not assigned in this Agreement as marital or non-marital property will be deemed the property of the physical possessor of said property. 9. RETIREMENT ACCOUNTS The parties are aware that: a. Husband currently possesses a TDA pension through the City of New York and will also receive a pension through the Military in approximately two (2) years. and; b. Wife does not possess any IRAs, 401 k's and/or any other retirement account; c. Wife waives any interest in and/or rights to Husband's retirement accounts and/or benefits that are specifically set forth in this paragraph, in exchange for the equitable distribution payment set forth in Paragraph 10 below. 10. EQUITABLE DISTRIBUTION PAYMENT Husband agrees to pay to Wife, as and for equitable distribution, the sum of Eighty SCL S??- 6 MIL _?? Thousand Dollars ($80,000.00), which shall be paid as follows: Forty Five Thousand Dollars ($45,000.00) upon the signing of this Agreement, and Seven (7) consecutive monthly installments of Five Thousand Dollars ($5,000.00) beginning on April 1, 2008. It is understood by the parties, and the parties agree, that Husband's equitable distribution payments shall not constitute income to Wife for support purposes., 11. JOINT ACCOUNTS All joint bank and charge accounts, credit card accounts and any other joint accounts have already been separated by Husband and Wife. The parties further specifically agree that all bank, savings, cash and checking accounts shall become the sole property of party named on the account. 12. TAX LIABILITY The parties hereto believe and agree that the division of property heretofore made by this Agreement is a non-taxable division of property between co-owners rather than a taxable sale or exchange of property. Each party promises not to take any position with respect to the adjusted basis of the property assigned to him or her with respect to any other issue which is inconsistent with the position set forth in the preceding sentence on his or her Federal or State income tax return. 13. POST SEPARATION PROPERTY Wife forever gives up all rights to any property, house, vehicle or other major or minor possession, purchased by, given to, or otherwise acquired by Husband after their separation May of 2007; Husband in the same manner forever gives up all rights to any property, house, vehicle or other major or minor possession, purchased by, given to, or SCL 5 C ?- 7 MJL 1117 otherwise acquired by Wife after their separation in May of 2007. 14. MUTUAL RELEASE Subject to the provisions of this Agreement, each party waives his or her right to alimony and any further distribution of property inasmuch as the parties hereto agree that this Agreement provides for an equitable distribution of their marital property in accordance with Pennsylvania's Divorce Code. Subject to the provisions of this Agreement, each party has released and discharged, and by this Agreement does for himself or herself, and his or her heirs, legal representatives, executors, administrators and assigns, release and discharge the other of and from all caused of action, claims, rights or demands whatsoever in law or equity, which either of the parties ever had or now has against the other, except any or all causes of action for divorce and except any or all caused of action for any breach of any provision of this Agreement. A. Not later than ninety-seven (97) days following service of the Divorce Complaint or within seven (7) days of the execution of this agreement, whichever is later, both Husband and Wife shall have executed an Affidavit consenting to the entry of a final degree in divorce. Further both parties shall execute a Waiver of Notice of Intention to Request Decree under Section 3301(c) of the Divorce Code of 1980, as amended. B. Wife shall cause the Affidavits and Waivers to be filed of record and the divorce finalized. C. The right to request counseling is hereby waived by the parties. 15. ALIMONY Wife and Husband do hereby waive, release and give up any rights they may S C L S C ? 8 M J L respectively have against the other for alimony, alimony pendente lite, support or maintenance. It shall be from the date of this Agreement the sole responsibility of each of the respective parties to sustain themselves without seeking any support from the other party. 16. ALIMONY PENDENTE LITE, COUNSEL FEES AND EXPENSES Both parties hereby acknowledge and accept that the provisions of this Agreement providing for the equitable distribution of marital property are fair, adequate and satisfactory to them. Both parties agree to accept the provisions of this Agreement in lieu of and in full and final settlement and satisfaction of all claims and demands that either may now or hereafter have against the other for alimony pendente lite, counsel fees any expenses during and after the commencement of any divorce proceeding between the parties. 17. INCOME TAX RETURNS Husband and Wife agree to file individual tax returns for each year beginning in 2007 and thereafter, unless agreed otherwise in writing by both parties. 18. WAIVER OF CLAIMS AGAINST ESTATES Except as herein otherwise provided, each party may dispose of his or her property in any way, and each party hereby waives and relinquishes any and all rights he or she may now have or hereafter acquire, under the present or future laws of any jurisdiction, to share in the property or the estate of the other as a result of the marital relationship, including, without limitation, dower, curtsey, statutory allowance, widow's allowance, right to take intestacy, right to take against the will of the other, and right to act as administrator SCL S C ?-? 9 MJL or executor of the other's estate. Each will, at the request of the other, execute, acknowledge and deliver any and all instruments which may be necessary or advisable to carry into effect this mutual waiver and relinquishment of all such interests, rights and claims and both parties will revoke prior wills or testamentary documents. 19. AGREEMENT NOT PREDICATED ON DIVORCE It is specifically understood and agreed by and between the parties hereto and 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 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; nor 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. 20. BREACH AND ENFORCEMENT If either party hereto breaches any of the provisions of this Agreement, the other party shall have the right to bring any actions or actions in law or equity for such breach, and the breaching party shall be responsible for the payment of all costs, expenses, damages and reasonable legal fees incurred by the other party in enforcing his or her rights under this Agreement. It is expressly understood and agreed by and between the parties hereto that this SCL ?- 10 MJL L Agreement may be specifically enforced by either party in Equity, and the parties hereto agree that if an action to enforce this Agreement is brought in Equity by either party, the other party will make no objection on the alleged ground of lack of jurisdiction of said Court on the ground that there is an adequate remedy at law. The parties do not intend or purport hereby to improperly confer jurisdiction on a Court in Equity by this Agreement, but they agree as provided herein for the forum of equity in mutual recognition of the present state of the law, and in recognition of the general jurisdiction of Courts in Equity over agreements such as this one. 21. RE-ACKNOWLEDGMENT Each party acknowledges that it may be appropriate and required that this Agreement be re-acknowledged at some time in the future before the Clerk of the Commonwealth Court, the Clerk of Orphans Court, the Clerk of the Superior Court or some other Court, and each party agrees that they will re-acknowledge their signature before the Clerk of such Court upon request of the other party so that this Agreement may comply with the acknowledgment rules and provisions of any such Court. 22. ADDITIONAL INSTRUMENTS Within no more than fifteen (15) days after demand therefore, each of the parties hereto agrees that he or she will join in the execution, acknowledgment and delivery of any deed or other document which may be reasonably necessary to carry out the intent of this Agreement, and, in the event either of the parties hereto would not join in the execution, acknowledgment and delivery of such instrument, then such party does hereby irrevocably appoint the other party hereto as his or her Attomey-in-Fact to execute, acknowledge and SCL 5 C /---- 11 MJL deliver such instrument hereby ratifying all that such other party hereto may do by virtue hereof with a copy of this Agreement to be a sufficient Power of Attorney to carry out the intent and purpose of this paragraph. Nothing contained in this section shall affect the right of one party to expressly include or exclude, as the case may be, the other party as beneficiary in any will, insurance policy or other document whether the same is presently in effect or would become effective in the future. 23. VOLUNTARY EXECUTION The provisions of this Agreement and their legal effect have been fully explained to the parties by their respective legal representatives, and each party acknowledges that the Agreement is fair and equitable, that it is being entered into voluntarily, with full knowledge of the assets of both parties, and that it is not the result of any duress or undue influence. The parties acknowledge that they have been furnished with all information relating to the financial affairs of the other which has been requested by each of them or their respective counsel. 24. ENTIRE AGREEMENT This Agreement contains the entire understanding of the parties and there are not representations, warranties, covenants or undertakings other than those expressly set forth herein. 25. DISCLOSURE Each of the parties hereto acknowledges that there has been full disclosure of all relevant matters of each party to the other party, that each of the parties is fully cognizant SCL S '?-4 12 MIL -43?? of his and her legal rights and liabilities with respect to the terms and conditions of this Agreement, that he and she understand the legal effect of this provisions of this Agreement and acknowledge that this Agreement is fair and equitable to each of the parties hereto, and that this Agreement was entered into voluntarily and without any undue influence or duress upon either party hereto. 26. MODIFICATION AND WAIVER This Agreement shall constitute a full, complete, and total binding Agreement between the parties concerning support, maintenance, alimony and property settlement, and is precluded from modification EXCEPT if the parties specifically agree to modify this Agreement. Any and all modifications to this Agreement shall only be by written agreement containing the same formalities as this Agreement and shall exhibit the notarized signatures of both parties, along with two witnesses. The parties specifically agree that they may rescind this Agreement only by written agreement containing the same formalities as this Agreement which shall exhibit the notarized signatures of both parties, along with two witnesses. Any waiver of a breach of any provision of this Agreement shall not constitute an ongoing waiver. Any waiver by either party of any provisions of this Agreement of any right or operation hereunder, shall not be controlling nor shall it prevent or estop such party from thereafter enforcing such provision, right, or option and the failure of either party to insist in any one or more instances upon the strict performance of any of the terms or provisions of this Agreement by the other party shall not be construed as a waiver or SCL C L 13 MJL relinquishment for the future of any such term or provision, but the same shall continue in full force and effect. 27. PRIOR AGREEMENTS This Agreement constitutes the entire understanding and agreement between the parties hereto, and there are no other representations, warranties, covenants, understandings or agreements other than those expressly set forth herein. 28. INCORPORATION INTO DECREE OF DIVORCE Unless as otherwise provided herein, this Agreement shall be incorporated in and made a part of any Decree that might be entered in any dissolution proceeding between the parties hereto upon the filing by either or both parties of an executed copy of this Agreement in such action and same may be incorporated by reference into any such Decree or court order. It is specifically agreed, however, that a copy of this Agreement may be incorporated, by reference, into a divorce judgment or decree. This incorporation, however, shall not be regarded as a merger, it being the intent of the parties to permit this Agreement to survive any such judgment, unless otherwise specifically provided herein, and for this Agreement to continue in full force and effect after such time as a final decree in divorce may be entered with respect to the parties. The parties agree that the terms of this Agreement shall be incorporated into any divorce decree which may be entered with respect to them for purposes of enforcement only of any provisions therein, but shall survive such decree. SCL C Z,- 14 MJL 29. DESCRIPTIVE HEADINGS The descriptive headings used herein are for convenience only. They shall have no effect whatsoever in determining the rights or obligations of the parties. 30. INDEPENDENT AND SEPARATE COVENANTS It is specifically understood and agreed by and between the parties hereto, that each paragraph shall be deemed a separate and independent covenant and agreement. 31. APPLICABLE LAW This Agreement shall be interpreted in accordance with the laws of the Commonwealth of Pennsylvania. 32. VOID CLAUSES If any term, condition, clause or provision of this Agreement shall be determined or declared to be void or invalid in law or otherwise, then only that term, condition, clause or provision shall be stricken from this Agreement and in all other respects, this Agreement shall be valid and continue in full force, effect and operation 33. AGREEMENT BINDING ON HEIRS This Agreement shall inure to the benefit of and shall be binding upon the parties hereto, their heirs, executors, administrators, successors and assigns. 34. EFFECTIVE DATE This Agreement shall be considered to be effective at 12:01 a.m. on the date set forth on page one of this Agreement, which shall be the date on which the last party signs this document. SCL C 4- 15 MIL IN TESTIMONY WHEREOF, witness the signature of the parties hereto the day and year set forth below. ?. J `rte c SANDRA C. LANGAN Date: - '?'ql l - Q P Qt j Q? Witness for SANDRA C. LANGAN Date: 21 2-11 OS SCL S C 1-- 16 MIL RTI Date: Z Witness for MARTIN J. LANGAN Date: COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND :SS On this, the a\ day of , 2008, before me, a Notary Public, the undersigned officer, personally appeared S• Ira C. Langan known to me (or satisfactorily proven) to be the person whose name is subscribed to the within instrument, and acknowledged that she executed the same for the purpose therein contained. IN WITNESS WHEREOF, I hereunto set my hand and Notarial seal. My Commission Expires Notary zJb is COMMONWEALTH OF PENNSYLVANIA L Notarial Seal Sipe, Notary Public j5:eyTvp- Ham, Cumberland Cou nty My Cssbn Expires Oct 12, 2011 Member, Pennsylvania Association of Noterler SCL C 17 MJL COMMONWEALTH OF V p SS , COUNTY OF ! L ' , c c- 11, 111c, On this, the 2=! day of r , 2008 efore me, a Notary Public, the undersigned officer, personally appeared art! J. Langan known to me (or satisfactorily proven) to be the person whose name is sub ribed to the within instrument, and acknowledged that he executed the same for the purpose therein contained. IN WITNESS WHEREOF, I hereunto set my hand and Notarial seal. My Commission Expires o ry Public .,, a? rye ,:? SCL ?5C 18 MJL !.? C? ? n ch Ul 0 SANDRA C. LANGAN Plaintiff V. MARTIN J. LANGAN Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA No. 07-2759 CIVIL ACTION - LAW IN DIVORCE AFFIDAVIT OF SERVICE I. Stephanie E. Chertok, Esquire, being duly sworn according to law, depose and say that on May 10, 2007 at 61 West Louther Street, Carlisle, Pennsylvania, I personally served on Martin J. Langan a certified copy of the Complaint in Divorce in the above captioned matter. E. Chertok, Esquire .TJ m rnr* te .r Eli Sandra C. Langan, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. No. 07-2759 CIVIL ACTION - LAW Martin J. Langan, Defendant IN DIVORCE AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed on May 4, 2007. 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety (90) days have elapsed from the date of filing 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 this 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 unworn falsification to authorities. Date: Z Z ` d r f"3 ? ?v ° ' r?i€• cxa ? ,?'?` ' ?` rrr ?'? ? ; . ?' -?,. ?--,?_ ? Q - ?,?; t?? >C?7 ? '? I"ip .?- ? ? ^.? Sandra C. Langan, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. No. 07-2759 CIVIL ACTION - LAW Martin J. Langan, Defendant IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER § 3301(c) OF THE DIVORCE CODE 1. 1 consent to the entry of a final decree of 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. 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 this 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: - cl I "F^ c z7 Sandra C. Langan, : IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. No. 07-2759 : CIVIL ACTION - LAW Martin J. Langan, Defendant IN DIVORCE AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed on May 4, 2007. 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety (90) days have elapsed from the date of filing 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 this 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. - a J - Date: Sandra C. Langan, Plaintiff FYI -- "rr Sandra C. Langan, : IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. No. 07-2759 CIVIL ACTION - LAW Martin J. Langan, Defendant IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER § 3301(c) OF THE DIVORCE CODE 1. 1 consent to the entry of a final decree of 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. 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 this 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: Sandra C. Langan, Plaintiff Tai ?, d b f i; 4 LAW OFFICES OF PETER J. RUSSO, P.C. BY: ELIZABETH J. SAYLOR, ESQUIRE PA Supreme Court ID: 200139 5006 East Trindle Road, Suite 100 Mechanicsburg, PA 17050 PH: (717) 591-1755 F: (717) 591-1756 Isaylor( _Pirlaw.com Attorneys for Plaintiff SANDRA C. LANGAN : IN THE COURT OF COMMON PLEAS OF Plaintiff, : CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION -LAW MARTIN J. LANGAN NO. 2007 - 2759 CIVIL TERM Defendant. IN DIVORCE PRAECIPE TO TRANSMIT RECORD To the Prothonotary: Transmit the record, together with the following information, to the court for entry of a divorce decree: 1. Ground for divorce: irretrievable breakdown under 3301(c)(1) of the Divorce Code. 2. Defendant was served with the Complaint via hand delivery on May 10, 2007, as set forth in the Affidavit of Service filed simultaneously herewith. 3. Plaintiff and Defendant executed the Affidavit required by 3301(c) on February 21, 2008, and February 28, 2008, respectively, both of which are being filed simultaneously herewith. 4. No related claims are pending. 5. Plaintiff and Defendant executed the Waiver of Notice in 3301 (c) Divorce on February 21, 2008, and February 28, 2008, respectively, both of which are being filed simultaneously herewith. LAW FF CES OF PETER J. RUSSO, P.C. Attorneys for Plaintiff Peter J. Russo, Esquire I D # 72897 Elizabeth J. Saylor, Esquire ID # 200139 Date: r U SANDRA C. •-ANGAN : IN THE COURT OF COMMON PLEAS OF Plainteff, : CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION - LAW MARTIN J. LANGAN NO. 2007 - 2759 CIVIL TERM Defendant. IN DIVORCE CERTIFICATE OF SERVICE I, Amber L. Southard, certify that on this day I am serving Karl E. Rominger, Esquire, counsel for Defendant Martin J. Langan, via regular mail at 155 South Hanover Street, Carlisle, Pennsylvania 17013 with a copy of the following: a) Affidavit of Service b) Divorce Information Sheet c) PIE intiff's and Defendant's Affidavit d) PlE':intiff's and Defendant's Waiver of Notice e) Proposed Divorce Decrees f) Praecipe to Transmit Record Amber L. Southard, Paralegal Date: C? - w n 50 Him " F 1 P -? C-1 F C... ..7 2 1 ? . "Rf IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY STATE OF PENNA. SANDRA C. LANGAN, Plaintiff VERSUS MARTIN J. LANGAN, Defendant No. 2007-2759 DECREE IN DIVORCE AND NOW, 1)14"A "dv , IT IS ORDERED AND SANDRA C. LANGAN DECREED THAT , PLAINTIFF, AND MARTIN J. LANGAN ARE DIVORCED FROM THE BONDS OF MATRIMONY. ,DEFENDANT, THE COURT RETAINS JURISDICTION OF THE FOLLOWING CLAIMS WHICH HAVE BEEN RAISED OF RECORD IN THIS ACTION FOR WHICH A FINAL ORDER HAS NOT YET BEEN ENTERED; The Stipulated Property Settlement Agreement dated February 21, 2008, is incorporated, but not merged, into this Decree in Divorce. BY THE COURT: ATT E S;(' J. PROTHONOTARY 'fa. V _ c