The URL can be used to link to this page

Home My WebLink About03-4370 " GAIL L. SCHUCHART, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA vs. CIVIL ACTION - LAW NO. 03- l.!31.:> ERIC A. SCHUCHART, Defendant 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 foregoing 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 in 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 at: Office of the Prothonotary Cumberland County Courthouse 1 Courthouse Square Carlisle, PA 17013 IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY, LAWYER'S FEES OR EXPENSES BEFORE A DIVORCE OR ANNULMENT IS GRANTED, YOU MAY LOSE THE RIGHT TO CLAIM ANY OF THEM. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 Telephone: (717) 249-3166 II GAIL L. SCHUCHART, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA vs. CIVIL ACTION - LAW NO. ERIC A. SCHUCHART, Defendant IN DIVORCE NOTICE OF AVAilABILITY OF COUNSELING TO THE WITHIN-NAMED DEFENDANT: You have been named as the Defendant in a Complaint in a divorce proceeding filed in the Court of Common Pleas of Cumberland County. This notice is to advise you that in accordance with Section 3302 (d) of the Divorce Code, you may request that the court require you and your spouse to attend marriage counseling prior to a divorce being handed down by the court. A list of professional marriage counselors is available at the Domestic Relations Office, 13 North Hanover Street, Carlisle, Pennsylvania. You are advised that this list is kept as a convenience to you and you are not bound to choose a counselor from this list. All necessary arrangements and the cost of counseling sessions are to be borne by you and your spouse. If you desire to pursue counseling, you must make your request for counseling within twenty days of the date on which you receive this notice. Failure to do so will constitute a waiver of your right to request counseling. GAIL L. SCHUCHART, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA vs. CIVIL ACTION - LAW ERIC A. SCHUCHART, Defendant NO. OJ- '1::!."'7tf> IN DIVORCE COMPLAINT IN DIVORCE AND NOW comes the above-named Plaintiff, GAIL L. SCHUCHART, by her attorney, Samuel L. Andes, and makes the following Complaint in Divorce: 1. The Plaintiff is GAIL L. SCHUCHART, an adult individual who currently resides at 10 Makenzee Drive in Carlisle, Cumberland County, Pennsylvania. 2. The Defendant is ERIC A. SCHUCHART, an adult individual who currently resides at 10 Makenzee Drive in Carlisle, Cumberland County, Pennsylvania. 3. Both the Plaintiff and Defendant have been bona fide residents of the Commonwealth of Pennsylvania for at least six months immediately previous to the filing of this Complaint. 4. The Plaintiff and Defendant were married on 28 September 1996 in McSherrystown, Pennsylvania. 5. There have been no prior actions of divorce or annulment between the parties. 6. The marriage is irretrievably broken. 7. Plaintiff has been advised of the availability of marriage counseling and the Plaintiff may have the right to request that the Court require the parties to participate in counseling. " COUNT I - IRRETRIEVABLE BREAKDOWN 8. The Plaintiff requests this Court to enter a Decree in Divorce. WHEREFORE, Plaintiff requests this Court to enter a Decree in Divorce pursuant to the Divorce Code of Pennsylvania. Sa el L. Andes Attorney for Plaintiff Supreme Court ID # 17225 525 North 12th Street Lemoyne, Pa 17043 (717) 761-5361 I verify that the statements made in this Complaint are true and correct. I understand that any false statements in this Complaint are subject to the penalties of 18 Pa. C.S. 4904 (unsworn falsification to authorities). Date: ql~/no l4:d '-d.. k-huvcJ1evd- GAIL L. SCHUCHART -b ~ ~\\ ~ - -l: ;IA 4:- ..,j - .[) '" ..t\ ()'" 0 0 r v 0' (-) .- .--,",- .., -1 ~) _.~ CG f) - ., ..< . 5~ 1...1-:' ':::> :'0 (oJ =< GAIL L. SCHUCHART, Plaintiff IN THE: COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. CIVIL ACTION - LAW NO. 03-4370 ERIC A. SCHUCHART, Defendant IN DIVORCE ACCEPTANCE OF SERVICE TO THE PROTHONOTARY: I, D. 1. Reichard, II, Esquire, accept service of the Divorce Complaint in the above-captioned matter on behalf of Defendant, Eric A. Scuchart and certifY that I am authorized to do so. Date: '1 td-~ 3 / / J2? D. 1. Reichard., II, Esquire .:..:... (.-': r" ~~-:: p .") -~J U1 GAIL L. SCHUCHART, Plaintiff vs. ) ) ) ) ) ) ) ) ) IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 03-4370 ERIC A. SCHUCHART, Defendant IN DIVORCE AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under Section 3301 (c) of the Divorce Code was filed on 8 September 2003 and was served upon the Defendant on or about 22 September 2003. 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety (90) days have elapsed from the date of filing of the complaint and the date of service of the complaint on the Defendant. 3. I consent to the entry of a final decree in divorce either after service of a Notice of Intention to Request Entry of the Decree or upon filing of my Waiver of the Notice of Intention to Request Entry of the Decree. 4. I have been advised of the availability of marriage counseling and understand that the Court maintains a list of marriage counselors and that I may request the Court to require my spouse and I to participate in counseling and, being so advised, do not request that the Court require that my spouse and I participate in counseling prior to the divorce becoming final. I verify that the statements made in this Affidavit are true and correct and I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. 24 AIotJ 9 ~oofa Date ERIC A. SCHUCH ~ = CT' o rr, n I CO o -n ::? -.-'"T'\ rllp ""'J r11 :by {~Q c....,:-'_..\'1 ,. -1' ()C) -::: "'-n 0' -I ?n ~ :t::> :::J:: 6 .- ... \.D vs. ) ) ) ) ) ) ) ) ) IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA GAIL L. SCHUCHART, Plaintiff CIVIL ACTION - LAW NO. 03-4370 ERIC A. SCHUCHART, Defendant IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REOUEST ENTRY OF A DIVORCE DECREE UNDER SECTION 3301 (c) OF THE DIVORCE CODE 1. 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. 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 Affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. .~'~""-"~."'" ~v 9 ,l.tJO 10 Date ~~;V~~ ERIC A. SCHUC~T 'II (") r~ ~.; f-..,) g o::ro c:::1 rt1 CJ I co ~ ~ n,:D . -0 fll ~gO 'c) ,1-, .;S~J om """-I ~ -< s: c ,.- l.D GAIL L. SCHUCHART, ) IN THE COURT OF COMMON Plaintiff ) PLEAS OF CUMBERLAND ) COUNTY, PENNSYLVANIA ) vs. ) CIVIL ACTION - LAW ) ) NO. 2003-4370 ERICA. SCHUCHART, ) Defendant ) IN DIVORCE PRAECIPE TO THE PROTHONOTARY: Please withdraw all claims for economic relief previously filed in this matter on behalf of the Plaintiff, Gail L. Schuchart. Date: ~ Samuel L. Andes Attorney for Plaintiff C) S -:=.:::'~ r-.' g~ O.'\. o r-"j n m C5 ..l:- .$." GAIL L. SCHUCHART, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA vs. CIVIL ACTION - LAW NO. 2003-4370 ERIC A. SCHUCHART, Defendant IN DIVORCE AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under Section 3301 (c) of the Divorce Code was filed on September 8, 2003 and served on or about September 24, 2003 on the Defendant. 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety (90) days have elapsed from the date of both the filing and service of the complaint. 3. I consent to the entry of a final decree in divorce after service of a Notice of Intention to Request Entry of the Decree. WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER SECTION 3301 (c) OF THE DIVORCE CODE 1. 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. 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 Affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. -is Oe~M8ffJ.. 2.00(. Dated: .iW ~. ~~d GAIL L. SCHUCHART (") 1"0 0 = c C:-,) -n -"~ c.... s- a --I r;r'j :r.: " ("") rn r=- "'00: -~l i. _< CD - ; ,..-., 'o- s.? - (_.) ::--t~ ~'J:J -l:-- .-< \I GAIL L. SCHUCHART, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA vs. CIVIL ACTION - LAW ERIC A. SCHUCHART, Defendant NO. 2003-4370 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. Grounds for Divorce: Irretrievable breakdown under Section 3301 (c). 2. Date and manner of service of the Complaint: Acceptance of Service filed by Plaintiff's counsel indicating service on or about 24 September 2003. 3. Complete either Paragraph (a) or (b): (a) Date of execution of the Affidavit of Consent required by Section 3301 (c) of the Divorce Code: By Plaintiff: 8 December 2006 By Defendant: 9 November 2006. (b) (1) Date of execution of the Affidavit required by Section 3301 (d) of the Divorce Code: (2) Date of filing and service of the Plaintiff's Affidavit upon the Respondent: 4. Related claims pending: None. 5. Complete either (a) or (b): (a) Date and manner of service of the Notice of Intention to File Praecipe to Transmit Record, a copy of which is attached: (b) Date Plaintiff's Waiver of Notice in Section 3301 (c) Divorce was filed with the Prothonotary: Dated 8 December 2006 and filed contemporaneously herewith. Date Defendant's Waiver of Notice in Section 3301 (c) Divorce was filed with the Prothonotary: dated 9 November 2006 and filed on or about 7 December 2006. Date: rlS~.~" ~~JJ uel L. Andes Attorney for Plaintiff r-3 c;;:> c.:.::;. cr' e:' rrl ('"? - CP ~ --\ :C""'!1 ,nc, ~~t:;; <2 ,-. ... (.$\ :?, ~~-;; *-- \.^ '.." "~\ ' il: -~....... Co :.:.::. IN THE COURT OF COMMON PLEAS OFCUMBERLANDCOUNTY STATE OF PENNA. GAIL L. SCHUCHART, 2003-4370 Plaintiff No. VERSUS ERIC A. SCHUCHART, Defendant DECREE IN DIVORCE ~5:1?/~ 2006 AND NOW, ~ ;}-o GAIL L . SCHUCHART __, IT IS ORDERED AND DECREED THAT , PLAI NTI FF, ERIC A. SCHUCHART AND , DEFENDANT, ARE DIVORCED FROM THE BONDS OF MATRIMONY. THE COURT RETAINS JURISDICTION OF THE FOLLOWING CLAIMS WHICH HAVE BEEN RAISED OF RECORD IN THIS ACTION FOR WHICH A FINAL ORDER HAS NOT YET BEEN ENTERED; NONE ATTES~~~ PROTHONOTARY ~~~~~~~~~~~~~~~~~~++++ J. ~? ~ ~pt41 '?~~l~ JIl ~ f/P 2>~?'-' ?~,; f'? '1'/ .. ,It:- (/ (-e t;/ () GAIL L. SCHUCHART, Plaintiff v. : IN THE COURT OF COMMON PLEAS : OF CUMBERLAND COUNTY, : PENNSYLVANIA D3-Y.370 : NO. 2006 B7Q : CIVIL ACTION LAW ERIC A. SCHUCHART, Defendant : IN DIVORCE PROPERTY SETTLEMENT AGREEMENT I I. I. PROPERTY SETTLEMENT AGREEMENT THIS AGREEMENT, made this 9th day of NOVEMBER 2006, is by and between: ERIC A. SCHUCHART, of Gettysburg, Pennsylvania, hereinafter referred to as "Husband"; and GAIL L. SCHUCHART, of 103 Courtyard Drive in Carlisle, Pennsylvania, hereinafter referred to as "Wife." WITNESSETH: WHEREAS, the parties hereto are Husband and Wife, having been married on 28 September 1996 and are the parents of two minor child: Madison L. Schuchart, born 19 October 1997 and Hanna L. Schuchart, born 30 March 1999 (hereinafter referred to as "children"); and WHEREAS, certain difficulties have arisen between the parties hereto which have made them desirous of living separate and apart from one another and Wife has initiated an action in divorce filed to No. 03-4370 before the Court of Common Pleas of Cumberland County, Pennsylvania; WHEREAS , the parties hereto have mutually entered into an agreement for the division of their assets, the provision for the liabilities they owe, and provision for the resolution of their mutual differences, after both parties have had full and ample opportunity to consult with their respective attorneys, and the parties now wish to have that agreement reduced to writing. NOW, THEREFORE , the parties hereto, in consideration of the above recitals, the mutually made and to be kept promises set forth hereinafter, and for other good and valuable considerations, 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: 1. CUSTODY OF CHILDREN. Husband and Wife acknowledge that they are parties to an action in child custody before the Court of Common Pleas of Cumberland County, Page 1 of 9 '\ Pennsylvania, in which an order was entered regarding custody of their children on 13 July 2004. The parties agree that they will resolve their claims and rights regarding custody of the children either by private agreement or, if necessary, by that custody action and any orders which may be entered or amended in that custody action at any time in the future. 2. CHILD SUPPORT. Husband and Wife acknowledge that they are parties to a child support action before the Court of Common Pleas of Cumberland County, Pennsylvania, filed to Docket No. 621 52004 (PACSES No. 572106576), in which an order has been entered for the support of their children dated 5 October 2004. The parties agree to comply with that order as it may be modified and amended in the future. Further, the parties agree that they will share, in proportion to their net incomes, the costs of the children's private school tuition and uniforms, and day care. 3. DODGE AUTOMOBILE. The parties acknowledge that Wife currently operates a 2002 Dodge Intrepid automobile which is registered and titled in both of their names and is subject to a debt owed to Chrysler Finance, which encumbers the title to the vehicle. The parties shall, within thirty (30) days of the date of this Agreement, take all steps necessary, including, if necessary, the execution and delivery ofa power of attorney to Chrysler Finance, to transfer the title and ownership of the vehicle to Wife's name alone, subject to the debt which encumbers the title. Wife shall, after the said transfer, be solely responsible to pay, in accordance with its terms, the debt owed to Chrysler Finance which encumbers the title to the vehicle and to pay any and all other expenses, liabilities and debts arising out of her ownership and use of the vehicle, shall properly insure the vehicle and maintain insurance as required by law at all times, and shall indemnify and save Husband harmless from any loss, cost, or expense caused to him by her failure to do so. 4. PERSONAL PROPERTY. Wife shall retain the items of Pfaltzgraf (folk art) china owned by the parties and Husband shall deliver those items to Wife within fifteen (15) days of the date of this Agreement. Otherwise, the parties hereto mutually agree that they have effected a satisfactory division of the furniture, household furnishings, appliances, and other household and personal property between them and they mutually agree that each party shall, from and after the date hereof, be the sole and separate owner of all such Page 2 of 9 Ij 'Ii I tangible personal property presently in his or her possession, whether said property was heretofore owned jointly or individually by the parties hereto, and this agreement shall have the effect of an assignment or receipt from each party to the other for such property as may be in the individual possessions of each of the parties hereto, the effective date of said bill of sale to be contemporaneous with the date of the execution of this Agreement. 5. EQUITABLE DISTRIBUTION. The parties acknowledge that they have previously divided and distributed their assets and that each of them shall retain the assets now in their possession or titled or held in their name alone. Wife specifically waives and releases any claim to Husband's account within his employer's 401 (k) Plan, any interest in the cabin I and real estate located in Breezewood, Bedford County, Pennsylvania, held by Husband with II members of his family, any interest in Schuhart Oil or any of its assets, and any interest Wife may have or claim in a certain QsST Trust created by Husband during the marriage. Husband specifically waives and releases any claim to Wife's account within the Cumberland County Retirement System. 6. WAIVER OF EQUITABLE DISTRIBUTION. The parties acknowledge that each of them have had a full and ample opportunity to consult with counsel of their choice regarding their claims arising out of the marriage and divorce and that they have specifically reviewed their rights to the equitable distribution of marital property, including rights of discovery, the right to compel a filing of an Inventory and Appraisement, and the right to have the court review the assets and claims of the parties and decide them as part of the divorce action. Being aware of those rights, and being aware of the marital property owned by each of the parties, the parties hereto, in consideration of the other terms and provisions of this agreement, do hereby waive, release and quitclaim any further right to have a court or any other tribunal equitably distribute or divide their marital property and do hereby further waive, release and quitclaim any and all claim against or interest in assets now currently in the possession or held in the name of the other, it being their intention to accept the terms and provisions of this agreement in full satisfaction of all of their claims to the marital property of the parties and the equitable distribution of the same. Page 3 of 9 c , 7. DEBTS. Husband represents that he has paid and satisfied in full the following debts which were incurred during the marriage: II , :1 I Debt Balance at time of separation Discover card $9,061.67 PNC VISA card $1.065.10 Cabela's VISA $8,480.00 Lowes card $797.86 Cornerstone VISA card $4,099.28 Fees for tax return $700.00 preparation Shipley Propane gas bill $593.46 Loan owned to Husband's 401 $3,817.35 (k) Plan Debts owed to Husband's $10,000.00 parents Capital One VISA card $4,756.16 Sears charge card $1,215.96 Husband shall, within thirty (30) days of the date of this Agreement, provide Wife with confirmation that these accounts have been paid and satisfied in full and have been closed so that no further charges may be made on any of them. 8. CASH PAYMENT. Husband shall pay to Wife, within fifteen (15) days of the execution of this Agreement, the sum of Three Thousand ($3,000.00) Dollars, which the parties agree shall be treated as the payment in equitable distribution of their marital assets and not as alimony. Page 4 of 9 ". Ii 'I Ii i! acknowledge that they are aware of the income, education, income potential, and assets II II: and holdings of the other or have had full and ample opportunity to become familiar with I' II such items. Both parties acknowledge that they are able to support and maintain Ii themselves comfortably, without contribution from the other beyond that as provided for in II this Property Settlement Agreement, upon the income and assets owned by each of them. 'I II The parties hereby accept the mutual covenants and terms of this Agreement and the I' benefits and properties passed to them hereunder in lieu of any and all further rights to ,I support or alimony for them self, counsel fees, and alimony pendente lite at this time and !I during any and all further or future actions of divorce brought by either of the parties I I hereto and the parties do hereby remise, release, quit claim, and relinquish forever any and II all right to support, alimony, alimony pendente lite, counsel fees and expenses beyond II those provided for herein, during the pendency of or as a result of any such actions, as II provided by the Divorce Code of Pennsylvania or any other applicable statute, at this time 'I II and at any time in the future. II I 9. WAIVER OF ALIMONY, SUPPORT AND ALIMONY PENDENTE LITE. The parties 10. WAIVER OF ESTATE RIGHTS. Husband releases his inchoate intestate rights in the estate of Wife and Wife releases her inchoate intestate rights in the estate of Husband, and each of the parties hereto by these presents for himself or herself, his or her heirs, executors, administrators, or assigns, does remise, release, quit claim, and forever discharge the other party hereto, his or her heirs, executors, administrators, or assigns, or any of them, of any and all claims, demands, damages, actions, causes of action or suits of law or in equity, of whatsoever kind or nature, for or because of any matter or thing done, omitted, or suffered to be done by such other party prior to the date hereof; except that this release shall in no way exonerate or discharge either party hereto from the obligations and promises made and imposed by reason of this agreement and shall in no way affect any cause of action in absolute divorce which either party may have against the other. 11. WAIVER OF PROPERTY CLAIMS AND ESTATE CLAIMS. Except as herein otherwise provided, each party hereto may dispose of his or her property in any way, and each party hereby expressly waives and relinquishes any and all rights he or she may now Page 5 of 9 'I ". II have or hereafter acquire, under the present or future laws of any jurisdiction, to share in Ii the property or the estate of the other as a result of the marital relationship, including, II without limitation, the right to equitable division of marital property, alimony, alimony Ii pendente lite, and counsel fees, except as provided for otherwise in this Agreement, dower, I,;;' coul-tesy, statutory allowance, widow's allowance, right to take in intestacy, right to take against the will of the other, and right to act as administrator or executor of the other's i I estate, and each will, at the request of the other, execute, acknowledge, and deliver any I and all instruments which may be necessary or advisable to carry into effect this mutual i waiver and relinquishment of all such interests, rights, and claims. II Ii 12. DISCLOSURE. Both of the parties hereto represent to the other that they have II I made full disclosure of the assets and income sources owned, controlled, or enjoyed by I I either of them and that neither party hereto has withheld any financial information from I[ the other. Each of the parties represents that they have reviewed such information, as well I, as the law of Pennsylvania as it relates to their rights, obligations, and claims arising out of I I their marriage and of any divorce action which has or may be filed between the parties with Ii an attorney of their choice, or had the opportunity to review such matters with an attorney II of their choice and voluntarily decide not to do so. Further, the parties each acknowledge I that they are aware that they have the right to compel the other party to provide full financial information about all assets owned by either party and all liabilities owned by either party and have the right to have a court force such disclosure in a divorce action. Being aware of those rights, the parties expressly waive the right to further disclosure or II discovery regarding marital assets, liabilities, incomes, and finances and agree that they are I satisfied with their understanding of their legal rights and obligations. Being so aware and satisfied, the parties mutually accept the terms and provisions of this agreement in full satisfaction of any and all rights or obligations arising of their martial status or the divorce action now pending or to be filed between them. 13. CONCLUSION OF DIVORCE. The parties acknowledge that this agreement is made in contemplation of the conclusion by both of them of an action in divorce which has been filed or will be filed shortly by one of the parties hereto. Both of the parties hereto Page 6 of 9 " Ii agree that they shall, contemporaneously with the execution of this agreement, execute Ii Ii and deliver to their respective attorney or attorneys, an Affidavit of Consent under Section Ii Ii 3301 (c) of the Divorce Code, consenting to the entry of a final decree in divorce, and a II Waiver of further notice for the entry of such decree. Both parties agree that they shall j! I accept the terms and provisions of this agreement in full satisfaction of any claims they may i I have under the Divorce Code of the Commonwealth of Pennsylvania, including, but not I I limited to, alimony, alimony pendente lite, counsel fees, equitable distribution, and the II, like. This Agreement may be incorporated into the final decree in divorce between the 'II parties, but it shall not merge with said decree and shall be a separate and enforceable I contract even after the final decree in divorce is entered. II II 11 II II II II II II II II I' I i 14. BREACH. In the event that any of the provisions of this agreement are breached or violated by either of the parties, the other party shall be entitled to enforce this agreement by an appropriate action in law or in equity or to take any other action to which they are lawfully entitled to enforce this agreement or otherwise protect their rights. In the event that such action is commenced by one of the parties and the other party is found to have breached or violated any of the terms ,and provisions of this agreement, the party having so violated or breached the agreement, shall be responsible for and shall promptly pay upon demand the reasonable attorney's fees incurred by the other party to enforce their rights hereunder. 15. RELEASE. The parties acknowledge that the purpo'se of this agreement is to divide all of their marital property, resolve all of the economic claims between them, and terminate and conclude any and all claims one party may have against the other. The parties acknowledge that each of them has had ample opportunity to consult with an attorney of their choice and to obtain legal representation with regard to this agreement and to the claims which they are terminating hereby. Consequently, each of the parties, for themselves, their heirs, successors, and assigns, does hereby accept the terms and provisions of this agreement in full satisfaction of any claims, of any nature, they may have, or may ever have had, against the other party and each of the parties does hereby waive, relinquish, release, and surrender forever any claim they have against the other party, Page 7 of 9 " . "\ j' 1:1 arising out of their marital relationship, or any other dealing between the parties prior to , the date of this agreement, provided, however, that this release shall not exonerate either i: Ii of the parties from the obligations they expressly make in this agreement, which shall I: I, survive the date of this agreement until such obligations are fully performed. II Ii 16. CHOICE OF LAW. This Agreement shall be interpreted, applied and enforced in II accordance with the laws of, and by the courts of, the Commonwealth of Pennsylvania. Ii 'I Ii 17. SEVERABILITY. If for any reason whatsoever any part of this Agreement shall be II declared void or invalid, only such part shall be deemed void and in all other respects this 11'1 Agreement shall remain valid and fully enforceable. ii 18. NON-WAIVER. The waiver of any term, condition, clause, or provision of this I' il Agreement shall in no way be deemed or considered a waiver of any other term, condition, II clause or provision of this Agreement. II II IN WITNESS WHEREOF , the parties hereto have set their hands and seals the day and II year first above written. II I Ii I 0tt~~"~ '\t\l\i~I\.'JfY'.I,~r\~J\ Q ~.~~) 1 ness ~f~ '" ," '. ,.' ' \lv~h.~ GA L L. SCHUCHART Page 8 of 9 . " , '1 'il I I COMMONWEALTH OF PENNSYLVANIA 1'1 COUNTY OF f:l,J,V,BERL1~~b: ~t.~ ) ! I: On this, the r day of J.h:v- , 200~, before me, the undersigned officer, '1",11 personally appeared ERIC A. SCHUCHART known to me (or satisfactorily proven) to be the , person whose name is subscribed to the within instrument, and acknowledged that sald I' person executed same for the purposes therein contained. 'I I i I I I I J I I IN WITNESS WHEREOF, I hereunto set my hand and official seal. (l~ Ii ~ ~rS()r1lm:~sio~ E~ lre,::,/Jl*~~;~fj~~A" r--- ,.>'5\f, I ~tarial Seal '~',~ ~ Anita R. Coy f'. .~- . ~,~~~'JHc "', County :'/8/2007 I i COMMONWEALTH OF PENNSYLVANIA I ( 55.: 'I COUNTY OF CUMBERLAND I On this, the day of 200_, before me, the undersigned officer, personally appeared GAIL L. SCHUCHARt known to me (or satisfactorily proven) to be the person whose name is subscribed to the within instrument, and acknowledged that said person executed same for the purposes therein contained. IN WITNESS WHEREOF, I hereunto set my hand and official seal. My Commission Expires: Page 9 of 9 (") c- ~,~ if'!5;~ <...../:::" c') . ~'..,- ~..... r-'::-; . ~S .?j ~ <:.:::) ....... i;; ~ - ~ 5! 1;, ;;JJ :SPJ OJ. . .,;/ f;,J ~~5 :~I '';.'7::0 ()C'iJ $.1 .J:) "'" - <:::> ~ <:.v Cl;)