Loading...
HomeMy WebLinkAbout07-2763FRIEDMAN & KING, P.C. John F. King, Esquire ID #61919 600 N. Second Street Penthouse Suite P. O. Box 984 Harrisburg, PA 17108 Tel.: (717) 236-8000/Fax: (717) 236-8080 SUZETTE B. RINGWOOD, Plaintiff v. ANTHONY G. RINGWOOD, Defendant Attorney for Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PEN /NSYLVANIA NO. Q'1' - ~~'~ e I t~~ C~~ CIVIL ACTION -LAW IN DIVORCE NOTICE TO DEFEND AND CLAIM RIGHTS You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take prompt action. You are warned that if you fail to do so, the case may proceed without you and a decree of divorce or annulment may be entered against you by the court. A judgment may also be entered against you for any other claim or relief requested in these papers by the Plaintiff. You may lose money or property or other rights important to you, including custody or visitation of your children. When the ground for the divorce is indignities or irretrievable breakdown of the marriage, you may request marriage counseling. A list of marriage counselors is available in the Office of the Prothonotary, Cumberland County Courthouse, 1 Courthouse Square, Carlisle PA. 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 32 SOUTH BEDFORD STREET CARLISLE, PA 17013 1-800-990-9108 717-249-3166 Respectfully submitted, FRIEDMAN & KING, P.C. By: o ing, Esq e N. Second St., 5th Flr. P. O. Box 984 Harrisburg, PA 17108 (717) 236-8000 SUZETTE B. RINGWOOD, Plaintiff v. ANTHONY G. RINGWOOD, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. d ~ - .17G 3 C~.~.! T.~..- CIVIL ACTION -LAW IN DIVORCE COMPLAINT UNDER SECTION 3301(c) AND SECTION 3301(d) OF THE DIVORCE CODE 1. Plaintiff is Suzette B. Ringwood, who currently resides at 9 Cedarhurst Lane, Camp Hill, Cumberland County, Pennsylvania 17011. 2. Defendant is Anthony G. Ringwood, who currently resides at 4105 Gettysburg Road, Camp Hill, Cumberland County, Pennsylvania 17011. 3. The parties 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 September 3, 2003, in Harrisburg, Pennsylvania. 5. Plaintiff avers that there are no children of the parties under the age of eighteen (18). 6. The parties were previously married in 1983 and divorced in 1985. 7. Plaintiff has been advised that counseling is available and the Plaintiff may have the right to request that the Court require the parties to participate in counseling. 8. The marriage is irretrievably broken. 9. Neither Plaintiff nor Defendant is in the military service of the United States. 10. The parties separated on December 22, 2006, pursuant to the issuance of a 36 month Protection From Abuse Order placed against Defendant, Anthony G. Ringwood, which Order was for the protection of Plaintiff, Suzette B. Ringwood. WHEREFORE, Plaintiff requests the Court to enter a Decree of Divorce. COUNTI REQUEST FOR APPROVAL OF ANY SETTLEMENT AGREEMENT AND INCORPORATION THEREOF IN DIVORCE DECREE UNDER §~ 3104(A)(1) AND (3) AND 33238) OF THE DIVORCE CODE 11. The prior paragraphs of this Complaint are incorporated herein by reference thereto. 12. The public policy of the Commonwealth of Pennsylvania encourages parties to a marital dispute to negotiate a settlement of their differences. 13. While no settlement has been reached as of the date of the filing of this Complaint, the Plaintiff is and has always been willing to negotiate a fair and reasonable settlement of all matters with Defendant. 14. To the extent that a written settlement agreement might be entered into between the parties prior to the time of hearing on this Complaint, Plaintiff desires that such written agreement be approved by the Court and incorporated in any Divorce Decree which may be entered dissolving the marriage between the parties. WHEREFORE, if a written settlement agreement is reached between the parties prior to the time of hearing on this Complaint, Plaintiff respectfully requests that, pursuant to §§ 3104(a)(1) and (3) and 3323(b) of the Divorce Code, the Court approve and incorporate such agreement in the final Divorce Decree. Date: RSF/bp Respectfully submitted, FRIEDMAN & KING, P.C. 60~' N. Second Street Penthouse Suite P. O. Box 984 Harrisburg, PA 17108 (717) 236-8000 i i VERIFICATION I, Suzette B. Ringwood, hereby acknowledge that I am the Plaintiff in the foregoing action; that I have read the foregoing Complaint in Divorce; and the facts stated therein are true and correct to the best of my knowledge, information and belief. I understand that any false statements herein are made subject to penalties of 18 Pa. C.S. Section 4904, relating to unsworn falsification to authorities. ;' t i e . R' gwood f~ Dated: 3~ ~Gv~? --. ~ '~4 ~ tN ~~ ~ ; ° ~ ~~ -ti`s __., ~~ r t~ t i ~11~ ~4 ` ~ ~ l! ~ ~, , c ~ ~ ~, , _, ,~~ ~~ ~ r;~ _, y t..a~ lV :{, ~/, ,, ', 07 - a'7~ 3 MARITAL SETTLEMENT AGREEMENT THIS AGREEMENT, made this .f r-~ day of ~ ~ ,, ~. , 200?, by and between ANTHONY G. RINGWOOD, of Camp Hill, Pennsylvania, hereinafter called Husband, and SUZETTE B. RINGWOOD, of Camp Hill, Pennsylvania, hereinafter called 'Wife. WITNESSETH: WHEREAS, the parties hereto are husband and wife, having been lawfully married on September 3, 2003; and WHEREAS, the parties have lived separate and apart since on or about December 22, 2006; and WHEREAS, no children were born of the above-referenced marriage between the parties; and WHEREAS, the parties hereto are desirous of settling fully and finally their respective financial and properly rights and obligations as between each other, including, without limitation, the settling of all matters between them relating to the ownership of real and personal property, the support and maintenance of one another, and, in general, the settling of any and all claims and possible claims by one against the other or against their respective estates. NOW THEREFORE, in consideration of these premises, and of the mutual promises, covenants and undertakings hereinafter set forth, and for other good and valuable consideration, the receipt and sufficiency of which is hereby ackaowiedged by each of the ;panties hereto, Husband and Wife, each intending to be legally bound hereby, covenant and agree as follows: 1. PERSONAL RIGHTS. Husband and Wife may, at all times hereafter, live separate and apart. Each sha11 be free from all control, restraint, interference and authority, direct or indirect, by the other. Each may reside at such place or places as he or she may select. Each may, for his or her separate use or benefit, conduct, carry on or engage in any business, occupation, profession or employment which to him or her may seem advisable. Husband and Wife shall not molest, harass, disturb or malign each other, nor compel or attempt to compel the other to cohabit or dwell by any means or in any manner whatsoever with him or her. Neither party will interfere with the use, ownership, enjoyment or disposition of any property now owned by or hereafter acquired by the other. During the said separation, the parties shall have the right to live as though they were unmarried, and their conduct during the separation shall not give rise to additional grounds for divorce which do not presently exist. This Agreement shall not be considered to affect or bar the right of Wife or Husband to a limited or absolute divorce on lawful grounds if such grounds now exist or shall hereafter exist, or to such defense as may be available to either party. This Agreement is not intended to condone and shall not be deemed to be a condonation on the part of either party hereto of any act or acts on the part of the other .party which have occasioned the disputes or unhappy differences, which acts have occurred prior to or which may occur subsequent to the date hereof. 2. CONSIDERATION FOR AGREEMENT. The consideration for this contract and agreement is the mutual benefits to be obtained by 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. 3. ADVICE OF COUNSEL. Each party acknowledges that he or she has had the opportunity to receive independent legal advice from counsel of his or her selection. Wife is represented by John F. King, Esq. and the firm of Friedman & King, PC, hereinafter interchangeably referred to as King, who prepared the within Agreement. Husband is not presently represented in the divorce action filed by Wife, but Husband has been advised by King that he has the absolute right to be represented by separate and independent counsel of his choosing to advise him in the within matter, and King has strongly recommended to Husband that he secure said counsel. It is Husband's intention to utilize the services of James W. Abraham, Esq. to advise Husband regarding the within Agreement. By executing the within Agreement, Husband acknowledges that he has consulted with James W. Abraham, Esq. or is voluntarily choosing not to do so. By executing the within Agreement, Husband waives any claim for conflict of interest which he could otherwise assert against King. Each parry fully understands the facts and his or her legal rights and obligations, and each party acknowledges and accepts that this Agreement is, in the circumstances, fair and equitable, and that it is being entered into freely and voluntarily, and that the execution of this Agreement is not the result of any duress or undue influence, and that it is not the result of any improper or illegal agreement or agreements. In addition, each party understands the impact of the Pennsylvania Divorce Code, whereby the court has the right and duty to determine all marital rights of the parties, including divorce, alimony, alimony pendente life, equitable distribution of all marital property or property owned or possessed individually by the other, counsel fees and costs of litigation, and, fully knowing the same, each party hereto still desires to execute this Agreement, acknowledging that the terms and conditions set forth herein are fair, just and equitable to each of the parties, and waives his or her respective right to have the Court of Common Pleas of Cumberland County, or any other court of competent jurisdiction, make any determination or order affecting the respective parties= rights to alimony, alimony pendente life, support and maintenance, equitable distribution, counsel fees and costs of litigation. 4. DISCLOSURE OF ASSETS. Each of the parties hereto acknowledges that he or she is aware of his or her right to seek discovery, including, but not limited to, written interrogatories, motions for production of documents, the taking of oral depositions, the filing of inventories, and all other means of discovery permitted under the Pennsylvania Divorce Code or the Pennsylvania Rules of Civil Procedure. Each of the parties further acknowledges that he or she has had the opportunity to discuss with counsel the concept of marital property under Pennsylvania law, and each is aware of his or her right to have the real and/or personal property, estate and assets, earnings and income of the other assessed or evaluated by the courts of this Commonwealth or any other court of competent jurisdiction. The parties do hereby acknowledge that there has been full and fair disclosure to the other of his or her respective income, assets and liabilities, whether such are held jointly, in the name of one party alone, or in the name of one of the parties and another individual or individuals. Each party agrees that any right to further disclosure, valuation, appraisal or enumeration or statement thereof in this Agreement is hereby specifically waived, and the parties do not wish to make or append hereto any further enumeration or statement. Specifically, each parry waives the need for copies of bank statements, insurance policies, retirement plan statements or any other documentation. Each party warrants that he or she is not aware of any marital asset which is not identified in this Agreement. The parties hereby acknowledge and agree that the division of assets as set forth in this Agreement is fair, reasonable and equitable, and is satisfactory to them. Each of the parties hereto further covenants and agrees for himself and herself and his or her heirs, executors, administrators or assigns, that he or she will never at any time hereafter sue the other party or his or her heirs, executors, administrators or assigns in any action of contention, direct or indirect, and allege therein that there was a denial of any rights to full disclosure, or that there was any fraud, duress, undue influence or that there was a failure to have available full, proper and independent representation by legal counsel. 5. MUTUAL CONSENT DIVORCE. It is the intention of the parties, and the parties agree, that by this Agreement they have resolved all ancillary economic issues related to the dissolution of their marriage, and thus any divorce action with respect to these parties shall be limited to a claim for divorce only. Wife has filed a divorce complaint in the Court of Common Pleas of Cumberland County, Pennsylvania. The parties agree that each will execute, immediately upon presentation, an Affidavit of Consent and Waiver of Notice of Intention to Request Entry of Divorce Decree in order that counsel for Wife may finalize the divorce action in a timely fashion. Upon completion of the divorce action, counsel for Wife shall supply Husband or Husband's counsel with a copy of the Decree. 6. EQUITABLE DISTRIBUTION. A. Assets to Husband, Payment Therefor to Wife: Both parties acknowledge that there were significant assets acquired during the marriage, none of which assets, however, are held in joint names, and rather, are titled in Husband's name alone. The parties agree that all such assets of the parties, including vehicles, the former marital residence at 4105 Geriysburg Road, Camp Hill, PA, which is apre-marital asset of Husband, and stock accounts now titled in, or in an account in the name of Husband, shall remain the property of Husband. As payment of Wife's total portion of the marital estate, Husband shall pay to Wife the sum of Fifty Thousand ($50,000.00) Dollars, said payment to be made within thirty (30) days of the date of execution of this Agreement. The aforementioned payment to Wife represents Wife=s total portion of the marital estate and are not, and shall not be construed as, alimony nor support, regardless of the terms under which payments on account of said Fifty Thousand ($50,000.00) Dollars are made. B. Furnishings and personalty: The parties agree that they have divided by agreement between themselves all furnishings and personalty located at subject premises, including all furniture, furnishings, antiques, jewelry, rugs, carpets, household appliances, and equipment. Accordingly, Husband shall retain sole and exclusive ownership of all furnishings and personalty currently in his possession, free and clear of any right, title, clean and/or interest of Wife, and Wife shall retain sole and exclusive ownership of all furnishings and personalty currently in her possession, free and clear of any right, title, claim andlor interest of Husband. C. Retirement Accounts: Each parry waives any claim whatsoever to the retirement accounts of the other party, regardless of when said retirement accounts were acquired. D. Miscellaneous Property: As of the execution date of the within Agreement, any and all property not specifically addressed herein shall be owned by the party to whom the property is titled; and if untitled, the party in possession. This Agreement shall constitute a sufficient bill of sale to evidence the transfer of any and all rights in such property from each to the other. E. Property to Wife. The parties agree that Wife shall own, possess, and enjoy, free from any claim of Husband, the property awarded to her by the terms of this Agreement. Husband hereby quitclaims, assigns and conveys to Wife all such property, and waives and relinquishes any and all rights thereto, together with any insurance policies covering that property, and any escrow accounts relating to that property. This Agreement shall constitute a sufficient bill of sale to evidence the transfer of any and all rights in such property from Husband to Wife. F Property to Husband. The parties agree that Husband shall own, possess, and enjoy, free from any claim of Wife, the property awarded to Husband by the terms of this Agreement. Wife specifically waives any and all past, present or future, legal or equitable interest in Husband's carpet business, known as Innovative Carpet, and Wife acknowledges and agrees that said business is apre-marital asset of Husband and shall remain the sole and separate property of Husband. Wife hereby quitclaims, assigns and conveys to Husband all such property, and waives and relinquishes any and all rights thereto, together with any insurance policies covering that property, and any escrow accounts relating to that property. This Agreement shall constitute a sufficient bill of sale to evidence the transfer of any and all rights in such property from Wife to Husband. G. Legal Fees. Husband agrees to reimburse Wife fox attorney fees Wife incurred in pursuit of this action in the amount of One Thousand Five Hundred ($1,500.00) Dollars, said payment to be received by Wife's legal counsel, Friedman & King, PC, within thirty (30) days of the date of execution of this Agreement. H. Liability Not Listed. Each party represents and warrants to the other that he or she has not incurred. any debt, obligation or other liability, other than those described in this Agreement, on which the other party is or may be liable. A liability not disclosed in this Agreement will be the sole responsibility of the party who has incurred or may hereafter incur it, and such party agrees to pay it as the same shall become due, and to indemnify and hold the other party and his or her property harmless from any and all debts, obligations and liabilities. I. Indemnification of Wife. If any claim, action or proceeding is hereafter initiated seeking to hold Wife liable for the debts or obligations assume by Husband under this Agreement, Husband will, at his sole expense, defend Wife against any such claim, action or proceeding, whether or not well-founded, and indemnify her and her property against any damages or loss resulting therefrom, including, but not limited to, costs of court and actual attorney's fees incurred by Wife in connection therewith. J. Indemnification of Husband. If any claim, action or proceeding is hereafter initiated seeking to hold Husband liable for the debts or obligations assumed by Wife under this Agreement, Wife will, at her sole expense, defend Husband against any such claim, action or proceeding, whether or not well-founded, and indemnify him and his property against any damages or loss resulting therefrom, including, but not limited to, costs of court and actual attorney=s fees incurred by Husband in connection therewith. K. Warranty as to Future Obligations. Husband and Wife each represents and warrants to the other that he or she will not at any time in the future incur or contract any debt, charge or liability for which the other, the other's legal representatives, property or estate may be responsible. From the date of execution of this Agreement, each party shall use only those credit cards and accounts for which that party is individually liable and the parties agree to cooperate in closing any remaining accounts which provide for joint liability. Each party hereby agrees to indemnify, save and hold the other and his or her property harmless from any liability, loss, cost or expense whatsoever, including actual attorney's fees, incurred in the event of breach hereof. 7. INCOME TAX. The parties have heretofore filed joint federal and state tax returns. Both parties agree that, relative to any such previously jointly-filed returns, in the event any deficiency in federal, state or local income tax is proposed or any assessment of any such tax is made against either of them, each will indemnify and hold harmless the other from and against any loss or liability for any such tax deficiency or assessment and any interest, penalty and expense incurred in connection therewith. Such tax, interest, penalty or expense shall be paid solely and entirely by the individual who is finally determined to be the cause of any such tax deficiency in federal, state or local tax on the aforesaid joint returns. The parties shall file separate income tax returns for tax year beginning 2007 and thereafter. 8. ALIMONY, ALIMONY PENDENTE LI'I'E, SPOUSAL SUPPORT. Husband and Wife hereby expressly waive, discharge and release any and all rights and claims which either may have now or hereafter by reason of the parties' marriage to alimony, alimony pendente lite, spousal support and/or maintenance of other like benefits resulting from the parties' status as husband and wife. Except as provided herein, the parties further release and waive any rights they may have to seek modification of the terms of this paragraph in a court of law or equity, it being understood that the foregoing constitutes a final determination for all time of either party's obligation to contribute to the support and maintenance of the other. 9. WAIVER OF INHERITANCE RIGHTS. Unless otherwise specifically provided in this Agreement, as of the execution date of this Agreement, Husband and Wife each waives all rights of inheritance in the estate of the other, any right to elect to take against the will or any trust of the other, or in which the other has an interest, and each of the parties waives any additional rights which said party has or may have by reason of their marriage, except the rights saved or created by the terms of this Agreement. This wavier shall be construed generally and shall include, but not be limited to, a waiver of all rights provided under the laws of Pennsylvania, or any other jurisdiction. 10. WAIVER OF BENEFICIARY DESIGNATION. Unless otherwise specifically set forth in this Agreement, each party hereto specifically waives any and all beneficiary rights and any and all rights as a surviving spouse in and to any asset, benefit or like program carrying a beneficiary designation which belongs to the other party under the terms of this Agreement, including but not limited to pensions and retirement plans of any sort or nature, deferred compensation plans, life insurance policies, annuities, stock accounts, bank accounts, final pay checks or any other post-death distribution scheme, and each party expressly states that it is his and her intention to revoke by the terms of this Agreement any beneficiary designations naming the other which are in effect as of the date of execution of this Agreement. If and in the event the other party continues to be named as beneficiary and no alternate beneficiary is otherwise designated, the beneficiary shall be deemed to be the estate of the deceased parry. 11. RELEASE OF CLAIMS. A. Wife and Husband acknowledge and agree that the property dispositions provided far herein constitute an equitable distribution of their assets and liabilities pursuant to Section 3502 of the Divorce Code, and Wife and Husband hereby waive any right to division of their property except as provided for in this Agreement. Furthermore, except as otherwise provided for in this Agreement, each of the parties hereby specifically waives, releases, renounces and forever abandons any claim, right, title or interest whatsoever he or she may have in properly transferred to the other party pursuant to this Agreement or identified in this Agreement as belonging to the other party, and each party agrees never to assert any claim to said property or proceeds in the future. The parties have divided between them to their mutual satisfaction all personal effects, household goods and furnishings and all other articles of personal property which have heretofore been used in common by them, and neither party will make any claim to any such items which are now in the possession or under the control of the other. Should it become necessary, each party agrees to sign any title or documents necessary to give effect to this paragraph, upon request. However, neither party is released or discharged from any obligation under this Agreement or any instrument or document executed pursuant to this Agreement. Husband and Wife shall hereafter own and enjoy independently of any claim or right of the other, all items of personal property, tangible or intangible, acquired by him or her from the execution date of this Agreement with full power in him or her to dispose of the same fully and effectively for all purposes. B. Each party hereby absolutely and unconditionally releases and forever discharges the other, and the estate of the other, for all purposes, from any and all rights and obligations which either party may presently have or at any time hereafter will have for past, present or future support or maintenance, alimony pendente lite, alimony, equitable distribution, counsel fees, costs, expenses, and any other right or obligation, economic or otherwise, whether arising out of the marital relationship or otherwise, including all rights and benefits under the Pennsylvania Divorce Code of 1980, its supplements and amendments, as well as under any other law of any other jurisdiction, except and only except all rights and obligations arising under this Agreement or for the breach of any of its provisions. Neither party shall have any obligation to the other not expressly set forth herein. C. Except as set forth in this Agreement, each party hereby absolutely and unconditionally releases and forever dischazges the other, and his or her heirs, executors, administrators, assigns, property and estate from any and all rights, claims, demands or obligations arising out of or by virtue of the marital relationship of the parties, whether now existing or hereafter arising. The above release shall be effective regardless of whether such claims arise out of any former or future acts, contracts, engagements or liabilities of the other or by way of dower, curtesy, widow's or widower's rights, family exemption or similaz 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 Pennsylvania, any state, commonwealth or temtory of the United States, or any other country. D. Except for the obligations of the parties contained in this Agreement and such rights as are expressly reserved herein, each party gives to the other by the execution of this Agreement an absolute and unconditional release and discharge from all causes of action, claims, rights or demands whatsoever in law or in equity, which either party ever had or now has against the other. E. The parties agree to elect to have the provisions of Section 1041 of the Internal Revenue Code apply to all qualifying transfers of property. The parties understand that Section 1041 applies to all property transferred between spouses or former spouses incident to divorce. The parties further understand that the effects for federal income tax purposes of having Section 1041 apply are that (1) no gain or loss is recognized by the transferor spouse/former spouse as a result of this transfer and (2) the basis of the transferred property in the hands of the transferee spouse/former spouse is the adjusted basis of the property in the hands of the transferor spouse immediately before the transfer, whether or not the adjusted basis of the transferred property is less than, equal to, or greater than the fair market value of the property at the time of transfer. The parties understand that if the transferee spouse/former spouse disposes of the property in a transaction in which gain is recognized, the amount of gain that is taxable may be lazger than it would have been if this election had not been made. 12. PRESERVATION OF RECORDS. Each party will keep and preserve for a period of four (4) years from the date of their divorce decree all financial records relating to the marital estate, and each party will allow the other party access to those records in the event of tax audits.. 13. MODIFICATION. No modification, rescission, or amendment to this Agreement shall be effective unless in writing signed by each of the parties hereto. 14. SEVERABILITY. If any provision of this Agreement is held by a court of competent jurisdiction to be void, invalid or unenforceable, the remaining provisions hereof shall nevertheless survive and continue in full force and effect without being impaired or invalidated in any way. 15. BREACH. If either party hereto breaches any provision hereof, the other party shall have the right, at his or her election, to sue for damages for such breach, or seek such other remedies or relief as may be available to him or her. The non-breaching party shall be entitled to recover from the breaching party all costs, expenses and legal fees actually incurred in the enforcement of the rights of the non-breaching party. 16. WAIVER OF BREACH. The waiver by one party of any breach of this agreement by the other party will not be deemed a waiver of any other breach or any provision of this Agreement. 17. NOTICE. Any notice to be given under this Agreement by either party to the other shall be in writing and may be effected by registered or certified mail, return receipt requested. Notice to Husband will be sufficient if made or addressed to the following: Mr. Anthony G. Ringwood, 4105 Gettysburg Road, Camp Hill, PA 17011; and to Wife, if made or addressed to the following: Ms. Suzette B. Ringwood, 9 Cedarhurst Lane, Camp Hill, PA 17011. ' l Notice shall be deemed to have occurred upon the date received by the recipient. Each party may change the address for notice to him or her by giving notice of that change in accordance with the provisions of this paragraph. 1$. APPLICABLE LAW. All acts contemplated by this Agreement shall be construed and enforced under the substantive laws of the Commonwealth of Pennsylvania (without regard to the conflict of law rules applicable in Pennsylvania) in erect as of the date of execution of this Agreement. 19. DATE OF EXECUTION. The date of execution or execution date of this Agreement shall be defined as the date upon which the parties signed the Agreement if they do so on the same date, or if not on the same date, then the date on which the Agreement was signed by the last party to execute this Agreement. 20. EFFECTIVE DATE. This Agreement shall become effective and binding upon both parties on the execution date. 21. EFFECT OF DIVORCE, EFFECT OF RECONCILIATION, SURVIVAL OF WARRANTIES. This Agreement shall remain in full force and effect and shall not be abrogated even if the parties effect a reconciliation, cohabit as husband and wife or attempt to effect a reconciliation. This Agreement also shall continue in full force and effect in the event of the parties' divorce. There shall be no modification or waiver of any of the terms hereof unless the parties in writing execute a statement declaring this Agreement or any term of this Agreement to be null and void. If any term, condition, clause or provision of this Agreement shall, by its reasonable interpretation, be intended to survive and extend beyond the termination of the marriage relationship presently existing between the parties hereto, said term or terms, condition or conditions, clause or clauses, or provision or provisions, shall be so construed, it being the express intention of both parties hereto to have this Agreement govern their relationship now and hereafter, irrespective of their marital status. 22. HEADINGS NOT PART OF AGREEMENT. Any headings preceding the text of the several paragraphs and subparagraphs hereof are inserted solely for convenience of reference and shall not constitute a part of this Agreement nor shall they affect its meaning, construction or effect. 23. AGREEMENT BINDING ON PARTIES AND HEIRS. This Agreement shall bind the parties hereto and their respective heirs, executors, administrators, legal representatives, assigns, and successors in any interest of the parties. 24. ENTIRE AGREEMENT. This instrument expresses the entire agreement between the parties concerning the subjects it purports to cover and supersedes any and all prior agreements between the parties. This Agreement should be interpreted fairly and simply, and not strictly for or against either of the parties. 25. MUTUAL COOPERATION. Each party shall, on demand, execute and deliver to the other any deeds, bills of sale, assignments, consents to change of beneficiary designations, tax returns, and other documents, and shall do or cause to be done every other act or thing that may be necessary or desirable to effectuate the provisions and purposes of this Agreement. If either party unreasonably fails on demand to comply with these provisions, that party shall pay to the other party all attorney=s fees, costs, and other expenses actually incurred as a result of such failure. 26. AGREEMENT NOT TO BE MERGED. This Agreement shall be incorporated into a decree of divorce for purposes of enforcement only, but otherwise shall not be merged into said decree. The parties shall have the right to enforce this Agreement under the Divorce Code of 1980, as amended, and in addition, shall retain any remedies in law or in equity under this Agreement as an independent contract. Such remedies in law or equity are specifically not waived or released. IN WITNESS WHEREOF, the parties hereto have set their hands and seals the day and year first written above. WITNESS: ,- e B. Ringwood C:~ ~.' .---> ~ -;t _ } _ ~ .-r i? 1 ~. ~ r s € --13 ~~ _.' _~(_3 .t --^ ::.i. ~J -rya t `1 ~ ~~ -'~. r ... SUZETTE B. RINGWOOD, Plaintiff v. ANTHONY G. RINGWOOD, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 07-2763 Civil Term CIVIL ACTION -LAW IN DIVORCE AFFIDAVIT OF SERVICE COMMONWEALTH OF PENNSYLVANIA COUNTY OF DAUPHIN SS: Personally appeared before me, a Notary Public, in and for said Commonwealth and County, John F. King, Esquire, Attorney for the Plaintiff, who, being duly sworn according to law, deposes and says that a Certified copy of the Complaint in Divorce in the above-captioned matter was served upon Defendant, Anth ny G. Ringwood, by Certified Mail, Restricted Delivery, on May 11, 2007, as evidenced by th~ attact~erxif~ed-i~¢ail .card. g~ Sworn and subscribed to before me this day of , 2007. Notary Public COMMONW~ALTii CAF I~E~i~~aifI.VANIq NOTARIAL SEAL BARBARA E. PALMER, Notary Public City of Harrisburg, Dauphin County My Commissia~ Expires May 23, 2009 ^ Complete items 1, 2, and 3. Also. t~orr± item 4 if Restricted Delivery Is desired. ^ tfint your name and address on the reverse so that we can return the card to you. ^ Attach this card to the b~k of the maitpiece, or on the front if space permits. 1. Artfcie Ad~eed to: Nfr. l~nthany G. Ringwood 4105 .Gettysburg Fad Caren Hi 11, !?A 17017. a X ~ Addressee s. ~y (Pr-nt~l Name) c. Date of Delivery D. Is delivery ad6ress ditlererrt from item 1? ^ Yes ff YES, errter delivery address bebw: ^ ~ 3. Service Type Certified Mail D Expese Mail ^ Registered ~enum Reoelpt f~ Merc~-arrdiae O Insurod MaA D C.O.D. 4. Restricted DeiMeryt (Fxba Fee) Yes 2• ~1e"u"'~ 7Q06 01(7 ~t705 104 2129 ()tsrrsi6r tt+am service label) PS Form 381 y . Fobnwry 2C44 Dorneallc ReMsn RaoNryt ,ox~oa~-tis~ ¢~,wJ " ~.- .--sa i i ~~ F~~'~' _ ~~~4 ~'.. {` t: __. i _;' C ~.., 'L .- f °': e , 1~,~ L._r ~ SUZETTE B. RINGWOOD, Plaintiff v. ANTHONY G. RINGWOOD, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 07-2763 Civil Term CIVIL ACTION -LAW 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 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 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. .--~ r DATED: ~~~ ~`!U 7 tte B. in oo Plaintiff ~~ ~ ~z .~,., •~ ~~. ~ i ~j ~~~ _...,~ _ - ; i '" t ~~ ;:. ._ ~ r_. SUZETTE B. RINGWOOD, Plaintiff v. ANTHONY G. RINGWOOD, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 07-2763 Civil Term CIVIL ACTION -LAW IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER 3301(C) AND 3301(D) OF THE DIVORCE CODE 1. I consent to the entry of a final Decree of 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. 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. 4. 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: GSu tte B. mgw o , Plaintr f ~ -` J ~ t -~~ ~~ ~ ..~ "3"1 > i ~; ~' .. _. "~ i..:... ~ i ~~~ 1...'..f 7 ~.. _ .. Vie,. . C.Y~ = ~ ,. ~, ,..f SUZETTE B. RINGWOOD : IN THE COURT OF COMMON PLEAS Plaintiff :CUMBERLAND COUNTY, PENNSYLVANIA v. : N0.07 - 2763 CIVIL TERM ANTHONY G. RINGWOOD :CIVIL ACTION -LAW Defendant :DIVORCE AFFIDAVIT OF CONSENT 2007. 1. A Complaint in Divorce under Section 3301 (c) of the Divorce Code was filed on May 4, 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety (90) days have elapsed from the date of service and filing 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 Affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S.A. Section 4904, relating to the unsworn falsification to authorities. DATE: ~~1~ WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF DIVORCE DECREE UNDER SETION 3301(c) OF THE DIVORCE CODE 1. I consent to the entry of a final decree of 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. I understand that I will not be divorced until a divorce decree is entered by the Court and that a copy of the decree will be sent to me immediately after it is filed with the Prothonotary. I verify that the statements made in this Waiver aze true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S.A. Section 4904, relating to the unsworn falsification to authorities. DATE: ~~~ ~~~ ~~ ony G gwood, endant C"` ~ 'T7 ~~ ,"- ~ -~ ' ~ . ~'-- _-; ,~ , ~~ ~~ x i ~. J C!'t 5. ~~" SUZETTE B. RINGWOOD, Plaintiff v. ANTHONY G. RINGWOOD, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 07-2763 Civil Term CIVIL ACTION -LAW IN DIVORCE PRAECIPE TO TRANSMIT RECORD To the Prothonotary Transmit the record, together with the following information, to the court for entry of a divorce decree: Code. 1. Ground for divorce: irretrievable breakdown under Section 3301(c) of the Divorce 2. Date and manner of service of the complaint: On May 11, 2007 by Certified Mail, Restricted Delivery. 3. Date of execution of the Affidavit of Consent required by Section 3301(c) of the Divorce Code: by Plaintiff, August 14, 2007; by Defendant, August 14, 2007. 4. Related claims pending: There are no related claims pending. 2007. 5. Date Plaintiff's Waiver of Notice was filed with the Prothonotary: August 15, 2007. Date Defendant's Waiver of Notice was filed August 15, -__-- _ ___ _a, ~,,.~~__ ttorney for Plaintiff ~ ~~ r~• ~::.. -~~ , -~~ ~-- l L.A ~ , ~ ~~+"R ~~ ~'~ ~ i_ ,_ _ S.'t ~.4 -.. .a'"5_ " ; .. 4„ wg ' . n ~jt ' .+r r[ ~ SUZETTE B. RINGiNUOD, Plaintiff Vs. ANTHONY G. RINGWOOD, Defendant In the Court of Cocnrton Pleas I.~ County, Pennsylvania Cumberland Na • 07-2763 Civil Term AFFIDAVIT OF INTENTIOCJ TO RESC!~E P?.IOtt SL'RPIAME COMMONWEALTH OF PENNSYLVAtIIA 1 COUNTY OF DAUPHZN ) 19 SUZETTE B. RIN(~OOD being duly sworn according to law, deposes and says that she i5 the Plaintiff in the above-captioned divorce action in Which a final decree from "the bonds of matrimony was entered ar.d she hereby elec*_s to resume her prior surname of Beemer and, therefore, gives this written notice avowing said intention, in accordance «ith X704 of the Act of November 15, 1972, P.L. 1063, 54 Ga.C.S.A. 704. r , e to B. gwood o be known as Sworn and subscrti~bed to bef re, me thin ~~'"' day of ~~ 2007 COMMONWEALTH OF PENNSYRVA f NOTARIAL SEAL 8AR8ARA E. PALMER, Notary Public City of Harrisburg, Dauphin County My Commission ,Expires May 23, 2009 53,~z~ tt~ ~S`:' Bee ~-/ ~ C'3 +v ~:. ~- ~° -~.., s~ `7-r ~t C.. ~ ~ ~ Y"' ~ ( ,~ (~ ice' ~ j ~ .~..is. ~ ~ U~ ~ o ~ .- : =~ ~, % ! ~ ~-, ~' =~~ ~ ~- -~ I N THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY STATE OF ~~ PENNA. ~ _. ~. SUZETTE B . RINGWOOD, a.inti VERSUS ANTHONY G. RINGWOOD, DECREE IN DIVORCE NO. 07-2763 Civil Term -I Zoo AND NOW, ~ 7 IT IS ORDERED AND DECREED THAT SUZETTE B. RINGWOOD PLAINTIFF, ' AN D ANTHOPdY G. RINGWOOD DEFENDANT, ARE DIVORCED FROM THE BONDS OF MATRIMONY. THE COURT RETAINS JURISDICTION OF THE FOLLOWING CLAIMS WHICH HAVE BEEN RAISED OF RECO D IN THIS ACTION FOR WHICH A FINAL ORDER HAS NOT YET BEEN ENTERED; ~:~ The attached Marital Settlement Agreement is incorporated, but not -------; PROTHONOTARY ~~ ~~~ ~~ `~ ~~a ~~'~