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HomeMy WebLinkAbout03-4860TERRI A. CASSELL, V. JEFFREY L. CASSELL, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff NO. 03 - 4060 IN DIVORCE Defendant : NOTICE You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this Complaint and Notice are served, by entering a written appearance personally or by attorney and filing in writing with the Court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the Court without further notice for any money claimed in the Complaint or for any other claim or relief requested by the Plaintiff. You may lose money or property or other rights important to you. 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 WHERE YOU CAN GET LEGAL HELP. Lawyer Referral Service Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 TERRI A. CASSELL, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff V. NO. JEFFREY L. CASSELL, IN DIVORCE Defendant : NOTICIA Le han demandado a usted en la carte. Si usted quiere defenderse de estas demandas expuestas en las paginas siguientes, usted tiene viente (20) dias de plaza al partir de la fecha de la demanda y la notificacion. Listed debe presentar una apariencia escrita o en persona o par abogado y archivar en la carte en forma escrita sus defensas o sus objeciones a las demandas en contra de su persona. Sea avisado que si usted no se defiende, la carte tomara medidas y puede entrar una orden contra usted sin previo aviso o notificacion y par cualquier queja o alivio que es pedido en la peticion de demanda. Usted puede perder dinero o sus propiedades o otros detechos importantes Para usted. LLEVE ESTA DEMANDA A UN ABODAGO IMMEDIATAMENTE. SI NO TIENE ABOGADO O SI NO TIENE EL DINERO SLiFICIENTE DE PAGAR TAL SERVICIO, VAYA EN PERSONA O LLAME POR TELEFONO A LA OFICINA CUYA DIRECCION SE ENCUENTRA ESCRITA ASAJO PARA AVERIGUAR DONDE SE PUEDE CONSEGUIR ASISTENCIA LEGAL. Lawyer Referral Service Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 TERRI A. CASSELL, Plaintiff V. JEFFREY L. CASSELL, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 03 - qj%b ,tvol ` . IN DIVORCE COMPLAINT AND NOW, comes Plaintiff, Terri A. Cassell, by and through her attorneys, Rupp and Meikle and Richard C. Rupp, and files this consolidated Complaint in Divorce, based upon the following: 1. Plaintiff, Terri A. Cassell, is an adult individual residing at 4214 Nantucket Drive, Mechanicsburg, PA, Cumberland County. 2. Defendant, Jeffrey L. Cassell, is an adult individual residing at Apt 3A Stephen Road, Camp Hill, PA, Cumberland County. 3. Plaintiff and Defendant have been bona fide residents in the Commonwealth of Pennsylvania for at least five (5) years previous to the filing of this Complaint. 4. Plaintiff and Defendant were married on August 10, 2002 5. There have been no prior actions for divorce or annulment between the Parties except this Complaint filed for divorce. 6. The marriage is irretrievably broken. 7. Plaintiff has been advised of the availability of counseling and of the right to request the Court require the parties participate in counseling. 8. Plaintiff was not a member of the Armed Services of the United States of America and Defendant was not a member of the Armed Services of the United States of America. 9. Plaintiff and Defendant have no children born of this marriage. 10. Plaintiff has been advised that counseling is available and the Plaintiff may have the right to request that the Court require the Parties participate in counseling. 11. Plaintiff and Defendant separated on August 23, 2003. 12. Plaintiff asks the Court to enter a Decree in Divorce. WHEREFORE, Plaintiff requests Your Honorable Court to enter a Decree in Divorce dissolving the marriage between Plaintiff and Defendant and such further relief as the Court may determine equitable and just. Respectfully submitted, RUPP D MEIKLE Richa?d C. Rupp' ? V Attorney I.D. No.: 34832 355 North 21 st Street, Suite 205 Camp Hill, PA 17011 (717) 761-3459 Attorney for Plaintiff VERIFICATION 1, Terri A. Cassell, verify that the statements in the foregoing Complaint in Divorce are true and correct to the best of my knowledge, information and belief. I understand that false statements herein are made subject to penalties of IS Pa. C.S. § 4904 relating to unsworn falsification to authorities. TERRI A. CASSELL Date: 7- /?- 0\3 1 , 1 r TERRI A. CASSELL, Plaintiff V. JEFFREY L. CASSELL, Defendant IN THE COURT of COMMON PLEAS of CUMBERLAND COUNTY, PENNSYLVANIA No. 2003 - 4860 CIVIL ACTION - DIVORCE NOTICE to DEFEND and CLAIM RIGHTS YOU HAVE BEEN SUED IN COURT. If you wish to defend yourself 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 in Divorce or annulment may be entered against you for any claim or relief requested in these papers by the Plaintiff. You may lose money or property or other rights important to you, including visitation of your children. When the grounds for Divorce are indignities or the irretrievable breakdown of the marriage, you may request counseling. A list of marriage counselors is available in the office of the Court Administrator, Third Floor, Dauphin County Courthouse, Harrisburg, PA. 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 A 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. COURT ADMINISTRATOR 4TH FLOOR CUMBERLAND COUNTY COURTHOUSE ONE COURTHOUSE SQUARE CARLISLE, PA 17013 (717)240-6200 TERRI A. CASSELL, Plaintiff V. JEFFREY L. CASSELL, Defendant IN THE COURT of COMMON PLEAS of CUMBERLAND COUNTY, PENNSYLVANIA No. 2003 - 4860 CIVIL ACTION - DIVORCE NOTICE to DEFEND and CLAIM RIGHTS YOU HAVE BEEN SUED IN COURT. If you wish to defend yourself 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 in Divorce or annulment may be entered against you for any claim or relief requested in these papers by the Plaintiff. You may lose money or property or other rights important to you, including visitation of your children. When the grounds for Divorce are indignities or the irretrievable breakdown of the marriage, you may request counseling. A list of marriage counselors is available in the office of the Court Administrator, Third Floor, Dauphin County Courthouse, Harrisburg, PA. 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 A 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. COURT ADMINISTRATOR 4TH FLOOR CUMBERLAND COUNTY COURTHOUSE ONE COURTHOUSE SQUARE CARLISLE, PA 17013 (717)240-6200 TERRI A. CASSELL, IN THE COURT of COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. No. 03 -4860 JEFFREY L. CASSELL, Defendant CIVIL ACTION - LAW IN DIVORCE Amended Complaint in Divorce AND NOW this day of June, 2005 comes Plaintiff TERRI A. CASSELL, by and through her attorney, John M. Glace, Esquire, and seeks to obtain a Divorce upon the grounds hereinafter more fully set forth: 1. The Plaintiff TERRI A. CASSELL is adult individual who now resides at 116 Lighthouse Drive (Hampden Township), Mechanicsburg, Cumberland County, Pennsylvania 17050. 2. The Defendant JEFFREY L. CASSELL is an adult individual who resides at a residence purchased during the marriage at 915 Mill Road (Hampden Township Mechanicsburg, Cumberland County, Pennsylvania 17050. 3. Plaintiff and Defendant were married on August 10, 2002.. 4. Both Defendant and Plaintiff have been continuous residents of the Commonwealth Pennsylvania for more than six (6) months. 5. There have been no prior actions for Divorce or Annulment between parties in Pennsylvania or any other jurisdiction. This is an amended filing of the above captioned Divorce Complaint filed September 15, 2003 6. No children were born of this marriage nor are the parties parents of any children out of wedlock.. 7. Neither party is a member of the United States Armed Forces nor of any of its allies. 8. Defendant has been advised of the availability of counseling and his right to request that this Honorable Court require both parties to participate in counseling. 9. Plaintiff avers that the marriage is irretrievably broken to Section 3301 (c) of the Pennsylvania Divorce Code, Act 206 of 1990. WHEREFORE Plaintiff TERRI A. CASSELL respectfully prays this Honorable Court enter a Decree from the bonds of matrimony COUNT II EQUITABLE DISTRIBUTION 10. Paragraphs one (1) through nine (9) are incorporated herein and made part hereof as if set forth in full. 11. During the marriage, the Plaintiff and Defendant have acquired various items of marital property, both real and personal, which are subject to Equitable Distribution under Section 401 of the Divorce Code of 1980. WHEREFORE, Plaintiff TERRI A. CASSELL respectfully prays this Honorable Court order that the marital property of the parties be subject to Equitable Distribution by the Court RESPECTFULLY SUBMITTED. THE LAW OFFICE of JOHN M. GLACE G The LaV14 e f John M. Glace 13 lnut Stret Ham . 17101-1612 (717) 238-5515 Supreme Court ID# 23933 Jun 08 05 12:23p John M. Glace, Esquire VERIFICATION (717)238-6929 p.2 I verify that the statements made in the foregoing Amended Complaint for Divorce are true and correct to the best of my understanding and belief. I understand that false statements herein are made subject to the penalties provided by 18 Pa. CSA, Section 4904, relating to unworn falsification to authorities. Date: Terri A. Cassell CERTIFICATE OF SERVICE I HEREBY CERTIFY that thislday of June, 2005 I have served a true and correct copy of the foregoing Amend eH Complaint for Divorce, by Certified Mail Return Receipt Requested, upon: Jeffrey L. Cassell 915 Mill Road Mechanicsburg, PA 17050 LAW OFFICES of JOHN M. GLACE lal?, Esquire Walnut Street PA. 17101-1612 238-5515 on No. 23933 Counsel for Plaintiff ?- cam; n 51 ^} c co P MARITAL SETTLEMENT AGREEMENT THIS AGREEMENT, made this day of LL 2006, by and between Jeffrey L. Cassell, hereinafter referred to as "HUS AND", and Terri A. Cassell, hereinafter referred to as "WIFE". WITNESSETH, That: WHEREAS, the parties hereto are husband and wife, having been lawfully joined m marriage on August 10, 2002, in Dauphin County, Pennsylvania; WHEREAS, no children were born of this marriage; WHEREAS, it is the intention of the parties to settle fully and finally their respective financial and property rights and obligations as between each other arising out of the marriage relationship or otherwise, including without limitation (1) the settling of all matters between them relating to the ownership of real and personal property; (2) the settling of all matters between them relating to the past, present and future support and/or maintenance of HUSBAND and WIFE; and (3) the settling of all matters between them relating to any and all rights, titles and interests, claims and possible claims in or against the estate of the other. NOW THEREFORE, with the foregoing recitals being hereinafter incorporated by reference and deemed an essential part hereof in consideration of the foregoing recitals, the mutual promises, covenants and undertakings herein set forth, and for good and valuable consideration, receipt of which is hereby acknowledged by each of the parties hereto, HUSBAND and WIFE, each intending to be legally bound hereby, covenant and agree as follows: Draft - 7/28/2006 SECTION I GENERAL PROVISIONS 1. ' ADVICE OF COUNSEL HUSBAND and WIFE declare that they have each had a full and fair opportunity to obtain independent legal advice of counsel of their selection. HUSBAND has been independently represented by Barbara S.umple-Sullivan, Esquire. WIFE has been independently represented by John M. Glace, Esquire. Each party further declares that they are executing this Agreement freely and voluntarily, having obtained such knowledge and disclosure of their legal rights and obligations. Each party acknowledges that this Agreement is fair and equitable and is not the result of any fraud, coercion, duress, undue influence or collusion. Both parties further acknowledge and agree that each has fully disclosed their respective financial situations to the other, including their assets, liabilities and income. Each of the parties acknowledge and agree that, after having received such information and with such knowledge, this Agreement is fair, reasonable and equitable and that it is being entered into freely, voluntarily and in good faith and that the execution of this Agreement is not the result of any duress, undue influence, coercion, collusion and/or improper or illegal Agreement. 2. PERSONAL RIGHTS HUSBAND and WIFE may and shall, at all times hereafter, live separate and apart. Each shall be free from all control, restraint, interference or authority, direct or indirect, by the other in all respects as if she or he were unmarried, except as may be necessary to cant' out the provisions . Draft - 7/28/2006 2 of this Agreement. Each may reside at such place or places as she or he may select. Each may, for his or her separate use or benefit, conduct, carry on and engage in any business, occupation, profession or employment which to him or her may seem advisable. This provision shall not be taken, however, to be an admission on the part of either HUSBAND or WIFE of the lawfulness of the causes, which led to, or resulted in, the continuation of their living apart. HUSBAND and WIFE shall not molest, harass, or malign the other or the respective families of each other, nor compel the other to cohabit or dwell in any manner with him or her, nor in any way interfere with the peaceful existence, separate from each other. 3. FINANCIAL DISCLOSURE The parties have fully disclosed to each other the extent of each other's income, assets, liabilities, holdings and estate. Each party warrants that the information provided has fully and accurately described the extent of his or her holdings. Each of the parties acknowledge that he or she is aware of his or her right to seek discovery including, but not limited to, written interrogatories, motions for document production, depositions, and other means of discovery available through the Pennsylvania Rules of Civil Procedure. The parties acknowledge that they have had the right to have property fully appraised. Each party is fully satisfied that no additional information is necessary for the execution of this Agreement. 4. MUTUAL CONSENT DIVORCE The parties intend to secure. a mutual consent, no fault divorce pursuant to the provisions of Section 3301(c) of the Divorce Code of 1980, as amended and will execute the documents Draft - 7/28/2006 necessary to effectuate a divorce under those provisions concurrently with the execution of this Agreement. The parties agree that the Affidavit of Consent and the Waivers of Notice shall be signed simultaneously with the signing of this Agreement and filed immediately with the court to effectuate the divorce. 5. SUBSEQUENT DIVORCE A decree in divorce, entered by the Court of Cumberland County, shall not suspend, supersede or affect the terms of this Agreement. This Agreement, and the terms and conditions contained herein, as well as the enforcement of said terms and conditions, shall not be contingent upon the granting of a Divorce Decree to either parry by the Court of Common Pleas of Cumberland County,-Pennsylvania, or any other Court of competent jurisdiction. This Agreement shall remain in full force and effect even if the parties reconcile, cohabit as HUSBAND and WIFE, or attempt reconciliation. This Agreement shall continue in full force and effect and there shall not be a modification or waiver of any of the terms hereof unless the parties, in a writing signed by both parties, execute a statement declaring this Agreement or any term of this Agreement to be null and void. Both parties, hereto agree that this Agreement may be incorporated by reference but shall not be deemed merged into any judgment or decree for divorce obtained by either party. Draft - 7/282006 4 6. OTHER DOCUMENTATION HUSBAND and WIFE covenant and agree that upon request of the other party, they will forthwith execute and deliver to the other party, any and all written instruments, assignments, releases, satisfactions, deeds, notes or such other writings as may be necessary or desirable for the proper effectuation of this Agreement. MUTUAL RELEASES Except as otherwise expressly provided by this Agreement, A. 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 may have or at any time hereafter 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, agreements and obligations of whatsoever nature arising or which may arise under this Agreement or for the breach of any provision thereof. Neither party shall have any obligation to the other not expressly set forth herein. B. Each party hereby absolutely and unconditionally releases and forever discharges 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 of otherwise, 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 or the other or by way of dower, curtesy, widow's rights, family exemption or similar allowance, or under the intestate laws, or the right to take against the spouse's will, or the right to treat a lifetime conveyance by the other as testamentary, or all other rights of a surviving spouse to participate in a deceased "spouse's estate, whether arising under the laws of Pennsylvania, any state, commonwealth or territory or the United States, or any other country. It is expressly understood, however, that neither the provisions of this release nor the subsequent entry of a divorce decree are intended to defeat the right of either party to receive any insurance proceeds at the death of the other of which she or he is the named beneficiary (whether the beneficiary designation was made prior or subsequent to execution hereof), nor to defeat the right of either party to receive any legacy, bequest or residuary portion of the other's estate under his or her will, or to act as personal representative or executor if so named by the will of the other, whether such will'was executed prior or subsequent to this Agreement. Draft - 7/28/2006 C. Except for any cause of action for divorce which either parry may have or claim to have, and except for the obligations of the parties contained in this Agreement and such rights as are expressly reserved herein, each parry gives to the Ether 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 parry ever had or now has against the other. 8. SUCCESSOR'S RIGHTS AND LIABILITIES This Agreement shall, except as otherwise provided herein, be binding upon and inure to the benefit of the parties hereto, their respective heirs, executors, administrators, successors or assigns. 9. SEVERABELI If any provision in this Agreement is held by a court of competent jurisdiction to be invalid, void, or unenforceable, the remaining provisions shall nevertheless continue in full force and effect without being impaired or invalidated in any way. 10. ENTIRE AGREEMENT HUSBAND and WIFE do hereby covenant and warrant that this Agreement contains all of the representations, promises and Agreements made by either of them to the other for the purposes set forth in the preamble hereinabove; that there are no claims, promises or representations not herein contained, either oral or written, which shall or may be charged or enforced or enforceable unless reduced to writing and signed by both of the parties hereto. Draft - 7/28/2006 6 11. BINDING EFFECT OF AGREEMENT/WAIVER This Agreement shall remain in full force and effect unless and until terminated under and pursuant to the terms of this Agreement. The failure of either party to insist upon strict performance of the provisions of this Agreement shall not be construed as a waiver of any subsequent default of the same or similar nature, nor shall such failure be construed as a waiver of any other term, condition, clause or provision of this Agreement. 12. BREACH . If either party breaches any provision of this Agreement, 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, and the party breaching this contract shall be responsible for payment of reasonable legal fees and costs incurred by the other in enforcing their rights under this Agreement. 13. CONTROLLING LAW This Agreement shall be construed and governed in accordance with the laws of the Commonwealth of Pennsylvania 14. TAX RETURNS The parties agree that in the future if any penalties or interest or any liability for failure to Draft - 7/28/2006 7 declare income or the wrongful claiming of any deduction shall be assessed by the United States Internal Revenue Service or the Commonwealth of Pennsylvania, or any other state as a consequence of the parties' Federal and State income tax returns which were filed jointly by the parties, said tax, penalties or interest shall be the sole responsibility of the party found to have made the mistake. The party responsible for the mistake shall suffer the consequences solely and hold the opposite party harmless. Each party agrees to hold the other party harmless from any penalty, interest or liability for such reason arising out of the filing or failure to file any past tax return. If the liability is the result of a computation error or an error not attributable to the intentional or grossly negligent conduct of either party, the parties shall share equally in all future tax liability or tax assessment, penalties and interest. SECTION H EQUITABLE DISTRIBUTION During the marriage, the parties have accumulated various assets and liabilities, the disposition of which is intended as follows: 1. ASSETS A. PERSONAL and HOUSEHOLD PROPERTY HUSBAND and WIFE do hereby acknowledge that they have heretofore divided the non- marital and marital personal and household property, including but without limitation, jewelry, clothes, f imiture, and other assets. Excepting the 1984 Harley Davidson Sportster Motorcycle, which motorcycle shall be return ed to HUSBAND, HUSBAND agrees that all assets in the possession of WIFE shall be the sole and separate property of WIFE. Excepting children's Draft - 7282006 personal items, which items shall be returned to WIFE, WIFE agrees that all assets in the possession of HUSBAND shall be the sole and separate property of HUS)3AND. Each of the parties do hereby specifically waive, release, renounce and forever abandon whatever claims, if any, he or she may have with respect to any of the above said items which are the sole and separate property of the other. This document shall constitute a bill of sale for said sole property. B. REAL ESTATE The parties had jointly owned an equitable interest in certain real estate at 915 Mill Road, Mechanicsburg, Cumberland County, Pennsylvania. Said property has been sold and the proceeds are currently being held by WIFE's counsel. The sum being held is NINETY-FIVE THOUSAND EIGHT HUNDRED TWENTY DOLLARS and 16/100 ($95,820.16). Said monies shall be equally split between the parties. Each party shall receive FORTY-SEVEN THOUSAND NINE HUNDRED TEN DOLLARS and 08/100 ($47,910.08). This check shall be tendered by counsel for WIFE to HUSBAND within three (3) days after the execution of this Agreement and the Consents and Waivers for the divorce. The parties each waive, release and quitclaim any interest the other may have in real estate which either may have acquired since separation. Draft - 7/28/2006 C. MOTOR VEHICLES The parties acquired two vehicles during the marriage. These we're the 1984 Harley Davidson Sportster Motorcycle and the 2002 Suzuki Motorcycle. The 1984 Harley Davidson Sportster shall be the sole property of HUSBAND and shall be returned no later than three (3) days from the date of execution of this Agreement to HUSBAND. WIFE agrees to cooperate and execute all necessary documentation to. effectuate transfer of the sole title to HUSBAND. WIFE has sold the 2002 Suzuki Motorcycle and all profits and proceeds shall be the sole property of WIFE. HUSBAND waives any further claim to said proceeds. Additionally, each party shall retain their non-marital vehicles. WIFE shall retain as her sole and separate property free and clear of any claim from HUSBAND a 1997 Ford Windstar Van. Said van is not encumbered. HUSBAND shall retain as his sole and separate property free and clear of any claim from WIFE the 1994 Dodge Truck, 1997 Ford Thunderbird and the 2002 Harley Davidson Low Rider Motorcycle. Said Truck, Thunderbird and Motorcycle are also not encumbered. D. FINANCIAL ASSETS The parties agree that each shall retain all financial accounts that are in their individual names. The parties confirm that all joint accounts have been closed and the proceeds therein divided in a mutually agreeable manner between them. E. PENSION The parties confirm that each shall remain as his or her separate property, any retirement benefits obtained during the marriage. Draft - 728/2006 10 F. INSURANCE Each party shall retain ownership of any life insurance policy in his or her name. 2. DEBTS Each party represents that they have not contracted any debt or liability for the other for which the estate of the other party may be responsible or liable except as otherwise provided herein, and that except only for the rights arising out of this Agreement, neither party will hereafter incur any liability whatsoever for which the other party or the estate of the other party will be liable. Each party agrees to indemnify and hold harmless from and against all future obligations of every kind incurred by them, including those for necessities. SECTION III. 1. ALIMONY. ALIMONY PENDENTE LITE, SUPPORT.. MAINTENANCE AND Both parties acknowledge and agree that the provisions of this Agreement providing for equitable distribution of marital property are fair, adequate and satisfactory to them and are accepted by them in lieu of and in full and final satisfaction of any claims or demands that either may now or hereafter have against the other for support, maintenance, alimony, alimony pendente lite or counsel fees. HUSBAND and WIFE further, voluntarily and intelligently, waive and relinquish any right to seek from the other any payment for spousal support, alimony, alimony pendente lite, and maintenance or counsel fees. Draft - 7/28/2006 11 SECTION IV . 1. CONDITION PRECEDENT TO THE AGREEMENT'S EFFECTIVENESS The parties acknowledge that this Agreement shall become effective when actually signed by both parties. tell Cassel! a Tern A. Cassell Draft - 7/28/2006 12 o TNESS COMMONWEALTH OF PENNSYLVANIA ) . )SS COUNTY OF C L,-,,,, t om a ny ) Before me, the undersigned officer, a Notary Public in and for said Commonwealth and County, personally appeared Jeffrey L. Cassell, who being duly affirmed according to law, deposes and says that the facts and matter set forth in the within and foregoing Marital Settlement Agreement are true and correct to the best of his knowledge, information and belief to before me this day of HuSt, 2006. My commission expires: NOTARIAL SEAL BARBARA SUMPLE-SULLMAN Notary PubSc NEWCUMBERLAND BOROUQF??) CUMBERLAND CW E My anmbsbn Expires Nov 15. 2007 C COMMONWEALTH OF PENNSYLVANIA ) ) SS. COUNTY OF ) Before me, the undersigned officer, a Notary Public in and for said Commonwealth and County, personally appeared Terri A. Cassell, who being duly affirmed according to law, deposes and says that the facts and matter set forth in the within and foregoing Marital Settlement Agreement are true and correct to the best of her knowledge, information and belief. Affirmed afi4ubscribed to before me this 7 A% day of I 0 5 ? 2006. PbgEtc My commission expires: Notarial Seal Mark T. Deal, Notary Public Carroll Twp., York County FMyCornmiWon Expires Apr. 7, 2007 Member, PannW"ma Assndaeon aNotanes , Draft - 7/28/2006 13 (SEAL) o < __ ;? _ `= ?.:: s. m? ?a u z, .y !j - ? C7? ?^ ? t•l TERRI A. CASSELL, Plaintif'f' V. JEFFREY L. CASSELL, Defendant IN THE COURT of COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA, No. 2003 - 4860 CIVIL ACTION - DIVORCE PRAECIPE to TRANSMIT RECORD TO THE PROTHONOTARY: Kindly transmit the record, together with the following information to the Court for entry of a Divorce Decree: 1. Ground for Divorce: Irretrievable Breakdown under Section 3301(c) of the Divorce Code 2. Date and Manner of Service of the Amended Complaint: Certified Mail, Return Receipt Requested served on June 28, 2005. 3. Date of Execution of Affidavit of Consent required pursuant to Section 3301(c) of the Divorce Code: a. By Plaintiff: August 7, 2006. b. By Defendant: August 7, 2006. 4. Related Claims Pending: None 5. Date of Plaintiffs Waiver of Notice in Section 3301(c) Divorce filing with Prothonotary: August 7, 2006. 6. Date of Defendant's Waiver of Notice in Section 3301(c) Divorce filing with Prothonotary: August 7, 2006. Respectfully Submitted, THE LAW OFFICE of JOHN M. GLACE hn M. Glace, Esquire preme Court I.D. 23933 132-13 ut Street, Harrisburg PA 17101-1612 (717) 238-5515 Attorney for Plaintiff TERRI A. CASSELL, IN THE COURT of COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. Number: 2003 4860 JEFFREY L. CASSELL, CIVIL ACTION - LAW Defendant IN DIVORCE PROOF of SERVICE It is hereby certified by undersigned counsel that the Amended Divorce Complaint, above captioned, was served by certified mail, Return Receipt Requested on Jane 28, 2005 and, in support thereof, the signed Receipt of Service is attached hereto as Exhibit "A" Respectfully submitted: lace, Esquire 13 13 Walnut Street H urg, PA 17101-1612 (7 238-5515 S e Ct. D 23933 Counsel for Plaintiff rn i t6iti-tr tt lift 1111 +t1 fit to .r- i ..D . s Sn :1 IAA:? k a - ' rf lr!`IT.i? csl 17- MEMANIOSBURG PA 17050 fU m m YC.30 l i 115 Q 1T. l ?i 0? o r:75 .. q c ... c _ i ay <1?. pct i , C3 16.49 \?757Y005 3 CS < 7 LUNT& ¦ CWnWe hems 1, 2, and 3. Also complete A. ReCewea by ryiaase Rarf = L sane w hem 4 If Restricted Delivery Is desired. t i G • Print your name and address on dte reverse C. Signature so Met: we can return the card to you. (] ! ¦ Anikoh ibis card to the back of the mailpiece, x or on the front if spans permits. sabrims dfitaent km ImnlW-SWOW t. At" Addressed to: a , enter damy address b~. ? No v??? ?r cassIeh 3. SwvIce Type )UI Zt} C7 N ' 1 V//?7) C3 Cdtlfled Mdl O egxm ma t " t ?, Gh a J / 0 RnMered 13 Rsun Re *o for Mwdw xrm 1}, 1 ?f n 0 kaured man O C.O.U. ' jj 1 r V 4. Resaided 0~ Xxaa Fey ? res Z''0N"i°°r(Copy 'iD"Sw"" Abet 7204 0750 0022 3292 6737 Ps Form 3811; .fury im oaneanc Return Receipt --- ias?soo-ela•z i? n o v C r o -n r c> -a m r CI on O W Barbara Sumple-Sullivan, Esquire Supreme Court #32317 549 Bridge Street New Cumberland, PA 17070 (717) 774-1445 TERRI A. CASSELL, : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 2003 - 4860 JEFFREY L. CASSELL, : CIVIL ACTION -LAW Defendant : IN DIVORCE AFFIDAVIT OF CONSENT 1. An Amended Complaint in Divorce under Section 3301(c) of the Divorce Code was filed on June 13, 2005. 2. The marriage of the Plaintiff and Defendant is irretrievably broken. Ninety days have elapsed since the 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. 4. 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. 5. I verify that the statements made in this affidavit are true and correct. I understand that false statements are made subject to the penalties of 18 Pa. C.S.A. Section 4904 relating to unworn falsification to authorities. DATE: I DO n 'C'0. 'C'0. 6? ?Ir?y TERRI A. CASSELL o Wi't` ? Jti .a s .a CP Barbara Sumple-Sullivan, Esquire Supreme Court #32317 549 Bridge Street New Cumberland, PA 17070 (717) 774-1445 TERRI A. CASSELL, : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 2003 - 4860 JEFFREY L. CASSELL, : CIVIL ACTION -LAW Defendant : IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER §3301(c) OF THE DIVORCE CODE 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. 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 statement herein are made subject to the penalties of 18 Pa.C.S. §4904 relating to unworn falsification to authorities. DATE: CJ I ? I C? d . TERRI A. CASSELL a Q G Q` -vii! ? ? Rys) ro ?,,• . 40 -rn - w 3, co Barbara Sumple-Sullivan, Esquire Supreme Court 432317 549 Bridge Street New Cumberland, PA 17070 (717) 774-1445 TERRI A. CASSELL, : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 2003 - 4860 JEFFREY L. CASSELL, : CIVIL ACTION -LAW Defendant : IN DIVORCE AFFIDAVIT OF CONSENT An Amended Complaint in Divorce under Section 3301(c) of the Divorce Code was filed on June 13, 2005. 2. The marriage of the Plaintiff and Defendant is irretrievably broken. Ninety days have elapsed since the 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. 4. 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. 5. I verify that the statements made in this affidavit are true and correct. I understand that false statements are made subject to the penalties of 18 Pa. C.S.A. Section 4904 relating to unworn falsification to authorities. DATE: "1 Y L. CASSELL 04 J co Barbara Sumple-Sullivan, Esquire Supreme Court #32317 549 Bridge Street New Cumberland, PA 17070 (717) 774-1445 TERRI A. CASSELL, : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. JEFFREY L. CASSELL, Defendant NO. 2003 - 4860 CIVIL ACTION - LAW : IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER 53301(c) OF THE DIVORCE CODE 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. 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 statement herein are made subject to the penalties of 18 Pa.C.S. §4904 relating to unswom falsification to authorities. DATE: g -)1ue L. CASSELL m O ? 4 . _ ? -13 _ m ?' {" 4J qb :'1J IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY STATE OF PENNA. Terri A. Cassell, II Plaintiff NO. 2003 - 4860 VERSUS DECREE IN DIVORCE AND NOW, IT IS ORDERED AND DECREED THAT Terri A. Cassell , PLAINTIFF, AND Jeffrey L. Cassell 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; Attached Agreement shall be incorporated, but not merged ATTEST: J. PROTHONOTARY (Wvelr * 4r,4- P-4) - ?o _r. t'-i.i IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA e r?' ? ?a ss?// Plaintiff Vs File No. 02 0 0 3 0 IN DIVORCE Defendant Notice is hereby given that the Plaintiff / defendant in the above matter, [select one by marlang'YJ prior to the entry of a Final Decree in Divorce, or ,Z after the entry of a final Daxee in Divorce dated ??? -0 hereby elects to resume the prior surname of a r l-?e= r , and gives this written notice avowing his / her intention pursuant to the provisions of 5 P.S. 7U4. Date: 9-,::;?0 - 07 Signature Signature of name being resumed COMMO TH F P ,#LVANIA ) COUN I'Y O On th day ofo? , 200_, before me, the Prothonotary or the notary public, personally appeared the above affiant known to me to be the person whose name is subscribed to the within document and foregoing for the purpose therein contained. In Witness Whereof I have hereunto set my hand seal. I i that he / she executed the set my hand and Public Camp Hill Boro, Curnbariand GouMy COMMONWEALTH OF PENNSYLVANIA NOTARIAL SEAL SUUNNE M. DEDERER, Notary Public Mq Commission Expires Aug. ZQ, 2009 CZ) olp CJi