Loading...
HomeMy WebLinkAbout03-5108IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA TODD E. FALKENSTEIN, Plaintiff VS. HOLLIE A. FALKENSTE1N, Defendant NO. 2003-$Jc~-t2~°..9~/O ~' ~ '~ CIVIL ACTION - LAW IN DIVORCE ROB A, KRUG NOTICETO DEFEND 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 at the York County Courthouse, 28 East Market Street, York, PA 17401. IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY, COUNSEL FEES OR EXPENSES BEFORE THE FINAL DECREE OF 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. The Cumberland County Bar Association 32 North Bedford Street Carlisle, PA 17013 (717) 249-3166 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA TODD E. FALKENSTEIN, Plaintiff VS. HOLLIE A. FALKENSTEIN, Defendant NO. 2003-SU- CIVIL ACTION - LAW IN DIVORCE AVISQ USTED HA SIDO DEMANDADO EN LA CORTE. Si usted desea defenderse de las quejas expuestas en las paginas siguientes, debe romar accion dentro do veinte (20) dias a partir de la fecha en que recibio la demanda y el aviso. Usted debe presentar comparecencia escrita en persona o pot abogado y presentar en la Corte por escrito sus defensas o sus objeciones a law demandas en su contra. Se le avisa que si no se defiende, el caso puede proceder sin usted y la Corte puede decidir en su contra sin mas aviso o notificacion por cualqiuer dinero reclamado en la demanda o por cualquier otra queja o compensacion reclamados pot el Demandante. USTED PUEDE PERDER D1NERO, O PROPIEDADES U OTROS DERECHOS IMPORTANTANTES PARA USTED. LLEVE ESTA DEMANDA A UN ABOGADO INMEDIATAMENTE. SI USTED NO TIENE O NO CONOCE UN ABOGADO, VAYA O LLAME A LA OFICINA EN LA DIRECCION ESCRITA ABA JO PARA AVERIGUAR DONDE PUEDE OBTENER ASISTENCIA LEGAL. The Cumberland County Bar Association 32 North Bedford Street Carlisle, PA 17013 (717) 249-3166 ROB A, KRUG ROB A. KRUG 1N THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA TODD E. FALKENSTEIN, Plaintiff VS. HOLLIE A. FALKENSTEIN, : 1N DIVORCE Defendant COMPLAINT IN DIVORCE AND NOW, this_ '2 5"J~day of ~'~4,2003, comes the Plaintiff, TODD E. FALKENSTEIN, by his attorney Rob A. Krug, Esquire, and files this Complaint in Divorce of which the following is a statement: 1. The Plaintiff, TODD E. FALKENSTEIN, is an adult individual residing at 830-A Lisburn Road, Camp Hill, Pennsylvania, 17011. 2. The Defendant, HOLLIE A. FALKENSTEIN, is an adult individual residing at 830-A Lisburn Road, Camp Hill, Pennsylvania, 170l 1. 3 Plaintiff and/or Defendant have been bona fide residents of the Commonwealth for at least six (6) months previous to the filing of this Complaint. 4. Plaintiff and Defendant were married on May 10, 2003. 5. There have been no prior actions in divorce or annulment between the parties. 6. The Plaintiff has been advised of the availability of counseling and that the Plaintiffmay have the right to request that the Court require the parties to participate in counseling. NO. 2003-~q: CIVIL ACTION - LAW ROB A. KRUG 7, There were no children bom of this marriage. 8. The Defendant is not a member of the Armed Services of the United States or any of its allies. 9. The Plaintiff avers the grounds on which the action is based: (a) That the marriage is irretrievably broken; or in the alternative, (b) That Defendant has offered such indignities to the person of the Plaintiff, the innocent and injured spouse, as to render his condition intolerable and burdensome, and that this action is not collusive; or in the alternative, (c) That the parties are now living separate and apart, and at the appropriate time, Plaintiffwill submit an Affidavit alleging that the parties have lived separate and apart for at least two (2) years and that the marriage is irretrievably broken. WHEREFORE, Plaintiffrequests your Honorable Court to enter a decree divorcing Plaintiff and Defendant. Respectfully submitted, Dover, PA 17315 (717) 292-5615 ATTY. I.D. # 25123 VERIFICATION HEREBY verify that the facts and information set forth in the foregoing Divorce 9mplaint and Notice to Defend are true and correct to the best of my knowledge, ireformation and belief. I understand that any false statements contained herein are bject to unsworn falsification to authorities. TODD E. FALKENSTEIN ROB A. KRUG IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA TODD E. FALKENSTEIN, : Plaintiff : : vs. : 03 - 5108 HOLLIE A. FALKENSTEIN, : IN DIVORCE Defendant : NOTICE TO RESUME PRIOR SURNAME Notice is hereby given that ROLLIE A. FALKENSTEIN /Defendant in the above matter, (select one by marking "x") X prior to the entry of a Final Decree in Divorce, or after the entry of a Final Decree in Divorce dated hereby elects to resume the prior surname of NOLLIE A. MARBURGER, and gives this written notice avowing her intention pursuant to the 704. provisions of 54 P.S. Date:lZ-/ 7- 03 HOLLIE A. FALKENSTEIN HOLLIE A. MARBURGER COMMON-WEALTH OF PENNSYLVANIA : : SS. COUNTY OF CUMBERLAND : On this, the /7~day of December, 2003, before me, the under- signed officer, personally appeared HOLLIE A. FALKENSTEIN, known to me (or satisfactorily proven ) to be the person whose name is subscribed to the within instrument, and acknowledged that she executed the same for the purposes therein contained. IN WITNESS WHEREOF, I hereunto set my hand an~ official seal. Notary Public f/. My Commission Expi~s. ] POST NUPTIAL SEPARATION AND PROPERTY SETTLEMENT AGREEMENT and between TODD E. FALKENSTEIN, hereinafter referred to as "HUSBAND", and HOLLIE A. MARBURGER, formerly known as HOLLIE A. FALKENSTEIN, hereinafter referred to as "WIFE". WITNESSETH: WHEREAS, the parties hereto are husband and wife, having been married on May 10, 2003, in Mechanicsburg, Pennsylvania, and having separated on or about August 24, 2003; and WHEREAS, there are no children to this marriage; and WHEREAS, certain differences have arisen by and between HUSBAND and WIFE as a result of which they are currently separated and the parties hereto are desirous of settling fully and finally their respective financial and property rights and obligations as between each other including, without limitation by specification: the settling of all matters between them relating to the ownership and equitable distribution of real and personal property; the settling of all matters between them relating to the past, present and future support, alimony and/or maintenance of Wife by Husband or of Husband by Wife; and in general, the settling of any and all claims and possible claims by one against the other or against their respective estates; and WHEREAS, the parties being fully advised as to their respective rights, duties and obligations growing out of their marital status, particularly with respect to the relevant sections of the Divorce Code, Act of April 2, 1980, P.L. 63, Act No. 26, as amended , 23 P.S. 3101 et seq., and being fully aware of their right to consult with or having consulted with their respective legal counsel or advisors and having had the opportunity and ability to request a full and complete disclosure of income and assets from the other, and reviewing this Agreement, have come to an agreement as to each and all of their said matters of property and relations; and NOW, THEREFORE, in consideration of the above recitals and the mutual covenants hereinafter set forth, each of the parties hereto intending to be legally bound hereby by affixing their hands and seals agree as follows: 1. ADVICE OF COUNSEL Husband and Wife acknowledge that they have been given the opportunity to obtain the advice of counsel regarding the provisions of this Agreement and their legal effect in advance of the date set forth above to permit such independent review. Husband and Wife acknowledge that Rob A. Krug, Esquire, is counsel for Husband and that Andrew C. Sheely, Esquire is counsel for Wife. Each party acknowledges that he or she has had the opportunity to receive independent legal advice from counsel from his or her selection, and that each fully understands the facts and has been fully informed as to his or her legal rights and obligations, and each party acknowledges and accepts that this Agreement is, and the circumstances, fair and equitable, after having the opportunity to receive such advice and with such knowledge, and that execution of this Agreement is not the result of any improper or illegal agreement or agreements. In addition, each party hereto acknowledges that he or she has had the opportunity to be fully advised by his or her respective attorney of 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 lite, equitable distribution of all marital property or property owned 2 or possessed individually by the other, counsel fees and costs of litigation and, fully knowing the same and having the opportunity to be fully advised of his or her rights thereunder, each party hereto still desires to execute this Agreement, acknowledging that the terms and conditions set forth therein are fair, just and equitable to each of the parties, and waives his and 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 effecting the respective parties rights to a divorce, alimony, alimony pendente lite, equitable distribution of all marital property, counsel fees and costs of litigation. 2. SEPARATION It shall be lawful for each party at all times hereafter to live separate and apart from each other in such place or places as he or she may from time to time choose or deem fit. 3. INTERFERENCE Each party shall be free from interference, authority and control, direct or indirect, by the other as fully as if he or she were single and unmarried. Neither shall molest the other or compel or endeavor to compel the other to cohabitate or dwell with him or her, or to in any way harass or malign the other. 4, WAIVER OF CLAIMS AGAINST ESTATES Except as otherwise provided herein, Husband relinquishes his inchoate intestate right and his right to act as a personal representative in the estate of Wife, and Wife relinquishes her inchoate intestate right and her right to act as a personal representative in the estate of Husband. Each of the parties hereto by their 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 actions, suits, at law or equity, of whatsoever kind or nature, for or because of any matter or thing omitted or suffered to be done by said other party prior to and including 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 each other. 5. MARITAL AND NON-MARITAL PROPERTY The parties hereto acknowledge that during their marriage they have acquired, individually or jointly, various marital assets and the increased value of non-marital assets and property, including the following assets and liabilities: (A) Jointly owned Real Estate located at 830 A Lisburn Road, Camp Hill (Township of Lower Allen), Cumberland County, Pennsylvania, with an estimated value of $78,000.00; and (B) Miscellaneous Bank accounts with Waypoint Bank and Belco Community Credit Union with balances not exceeding $3,000.00. and (C) Wife's 2000 Honda CRV with a monthly payment to BELCO in the amount of $409.50 per month; and (D) Husband's 1998 Dodge Ram; and (E) Miscellaneous personal property, including furniture, personal items, dishes, tools, jewelry, increase in value of non-marital property, equipment, and cash; and (F) Miscellaneous debt including a mortgage with Chase Manhattan with a principal balance due of approximately $76,500.00, said mortgage encumbering the real estate identified above. Husband and Wife acknowledge that they are aware of their respective rights pursuant to the Divorce Code of 1980, a~ amended, and relevant case law, to obtain formal valuations or appraisals of the marital residence, any and all retirement assets, and all other items of marital property. However, the parties agree that they will not undertake this expense and acknowledge that no financial disclosures are attached to this 4 agreement as separate exhibits or schedules. The parties hereby waive any necessity for completing or attaching any financial disclosure(s). Each party further acknowledges the opportunity to attach a full and complete financial disclosure and that such disclosure is not desired to effectuate a fair and equitable resolution of their marital rights, duties and obligations as provided in the Divorce Code of 1980, as amended. 6. PERSONAL PROPERTY Husband and Wife hereto mutually agree that they have effected a satisfactory division of the furniture, household furnishings, appliances and other household 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 tangible personal property presently in his or her possession, whether said property is heretofore owned jointly or individually by the parties hereto, and this Agreement shall have the effect of an assignment or bill of sale from each party to the other for such property as may be in the individual possessions of each of the parties hereto. Husband and Wife agree that they have divided between themselves, to their mutual satisfaction, all items of tangible and intangible marital property. Neither party shall make any claim to any such items of marital property, or of the separate personal property of either party, which are now in the possession and/or under the control of the other. From and after the date of the signing of this Agreement both parties shall have complete freedom of disposition as to their separate property which is in their possession or control pursuant to this Agreement and may mortgage, sell, grant, convey or otherwise encumber or dispose of such property, whether real or personal, whether such property was acquired before, during or after marriage, and neither Husband nor Wife need join in, consent to, or acknowledge any deed, mortgage, or other instrument of the other pertaining to such disposition of property. Notwithstanding the above-provision, Husband shall have a period which shall expire upon the entry of a Decree in Divorce to remove items of personalty awarded to him through this property settlement agreement and other personal property as agreed upon by the parties. 7. REAL ESTATE 830 A Lisburn Road, Camp Hill, Pennsylvania (i) Sale Proceeds Husband and Wife acknowledge that the jointly-owned real estate with improvements thereon situate at 830 A Lisburn Road, Camp Hill, Township of Lower Allen, Cumberland County, Pennsylvania has been sold. As a result of said sale, the following amounts have been received and obtained: (a) Check Number 1383 in the amount of thousand eight-four dollars and thirty-one cents ($1,084.31), said amount constituting the proceeds from the sale of the real estate; and (b) Check Number 21696269 in the amount of ninety-two dollars ($92.00), said amount constituting a refund of homeowners' insurance on the former marital residence; and (c) Check number 0010205229 in the amount of five hundred seventy-four dollars and eighty-nine cents ($574.89), said amount constituting a refund of escrow payments from Chase Manhattan Mortgage Corporation; and (d) Check number R 0479521 in the amount of Twelve Dollars and eighteen cents ($12.18), said amount constituting a refund of mortgage insurance premium from Radian Guaranty, Inc. (ii) Distribution of proceeds and refunds Husband and Wife agree that Wife shall be entitled to all proceeds and refunds identified in the preceding paragraph. Husband agrees to endorse said checks and return said checks to Wife, simultaneously with Husband's execution of this Agreement. In the event any check must be reissued due to a lapse, Husband agrees to execute any replacement check within ten (10) days of presentation of said check to Husband's attorney. (iii) 2003 Income Tax deduction Husband shall be entitled to claim the entire interest expense deduction/credit for his tax purposes in 2003. 6 8. DEBTS OF HUSBAND AND WIFE Husband and Wife acknowledge that they have incurred various marital,(joint and separate) debts prior to separation. Husband and Wife agree that Husband shall assume full liability and hold Wife harmless from any liability for any consumer or other debt in Husband's name. Husband and Wife agree that Wife shall assume full liability and hold Husband harmless from any liability for any consumer or other debt in Wife's name. 9. MOTOR VEHICLES a. Husband and Wife agree that Wife shall be entitled to have the sole and exclusive control, benefit, use and title of the 2002 Honda CRV or the proceeds thereof, if any. Further, Wife agrees that she shall hold Husband harmless from any liability associated with 2002 Honda CRV, including but not limited to paying all monthly payments on such vehicle in the amount of $409.50 to Belco Community Credit Union. b. Husband and Wife agree that Husband shall be entitled to have the sole and exclusive control, benefit, use and title of the 1998 Dodge Ram or the proceeds thereof, and that he shall hold Wife harmless from any liability associated with such motor vehicle, included but not limited to paying all monthly lease payments currently existing against said motor vehicle. c. Titles of the motor vehicles described above shall be transferred to the party receiving the motor vehicle within thirty (30) days after execution of this Agreement, if applicable. 10. MISCELLANEOUS (A) Checking/Savings Accounts The parties hereto acknowledge and agree that any and all savings and checking accounts, as well as certificates of deposit, owned by them jointly or singly, have been divided to their mutual and individual satisfaction. (B) Retirement Assets The parties hereto acknowledge and agree that any and all retirement accounts, IRA's, 401 (k) plans have been assigned, liquidated or divided to their mutual satisfaction prior to execution of this Post Nuptial Separation 7 and Property Settlement Agreement. (C) Life Insurance Policies The parties hereto acknowledge and agree that any and all life insurance policies owned by them jointly or singly have been divided to their mutual and individual satisfaction. Each party hereto acknowledges that they have in their sole possession those policy or policies of life insurance which they intend to keep and retain as their sole and exclusive property and, further, each party shall have the right to designate the beneficiaries of said policies without interference from the other party. The parties further acknowledge that all life insurance policies owned or paid by them are term policies and have no cash values. (D) Intent of Division The division of existing marital property is not, except as otherwise expressly provided herein, intended by the parties to constitute in any way, a sale or exchange of assets and the division is being affected without the introduction of outside funds or other property not constituting a part of the marital estate. As a part of an equitable division of the marital properties and the marital settlement herein contained, the parties hereto agree to save and hold each other harmless from all income taxes assessed against the other resulting from the division of the property as herein provided. (E) Additional debts 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 such debts, obligations and liabilities. (F) 2003 Income Tax Return Each party represents and warrants to the other that they shall file a separate state and federal income tax return for 2003 and thereafter. Information maintained by one party which is necessary to complete any income tax return shall not be unreasonably withheld upon the request of either party. 11. ALIMONY, SUPPORT AND MAINTENANCE 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 spousal support, maintenance, alimony pendente lite or alimony. Husband and Wife further, voluntarily and intelligently, waive and relinquish any right to seek from the other any payment for spousal support, alimony pendente lite, alimony and maintenance and, further, waive and relinquish any rights to division of property, other than provided in this Agreement and, finally, waive any rights to alimony pendente lite, counsel fees and court costs. Husband and Wife are aware of each other's incomes and that they have been respectively advised and are aware of the contents of the provisions of the Divorce Code, as amended, in Pennsylvania, wherein considerations are set forth in determining an appropriate amount, if any, to be paid in the form of alimony. After being fully advised of the contents of the Divorce Code, as amended, both parties voluntarily and intelligently forever waive and relinquish any right to seek from the other payment for spousal support, alimony pendente lite, alimony and maintenance. 12. HEALTH INSURANCE: Husband and Wife acknowledge that both parties shall assume full responsibility for health insurance upon execution of this Agreement upon the entry of a final divorce in this circumstance, however, nothing herein shall prevent Husband or Wife from seeking health insurance through COBRA, to the extent such is currently available through the parties employers. 13. MUTUAL RELEASE Subject to the provisions of this Agreement, each party waives his or her right to alimony and further distribution of property inasmuch as the parties hereto agree that this Agreement provides for an equitable distribution of their marital property in accordance with the Divorce Code, as amended. Subject to the provisions of this Agreement, each party has released and discharged and by this Agreement does for himself or herself, and his or her heirs, legal representatives, executors, administrators and assigns, release and discharge the other of and from all causes of action, claims, rights or demands whatsoever in law or equity, which either of the parties ever had or now has against the other, except any or all cause or causes of action for divorce or except in any or all causes of action for breach of any provisions of this Agreement. Each party also waives their right to request marital counseling pursuant to Section 3302 of the Divorce Code. 14. SUBSEQUENT DIVORCE A decree in divorce entered by a court of competent jurisdiction to either party shall not suspend, supersede or affect the terms of this Agreement. Both parties agree, if requested, to enter a Consent Order or Orders concerning the provisions of this Agreement in the Court of Common Pleas of Cumberland County, Pennsylvania, or any other Court of competent jurisdiction, as a part of a resolution of any divorce action filed or to be filed. This Agreement, and the terms and conditions contained herein, as well as the enforcement of said terms and conditions, shall not be and is/are not contingent upon the granting of a Divorce Decree to either party by the Court of Common Pleas of Cumberland County, Pennsylvania, or any other Court of competent jurisdiction. Furthermore, both parties hereto agree, if requested, to execute the appropriate affidavits and consents to secure a No-fault Divorce as may be required by the Divorce Code, as amended, to terminate their marriage by mutual consent, without counselling. 15. ENTIRE AGREEMENT This Agreement contains the entire understanding of the 10 parties and there are no representations, warranties, covenants or undertakings other than those expressly set forth herein. Husband and Wife acknowledge and agree that the provisions of this Agreement with respect to the distribution and division of marital and separate property are fair, equitable and satisfactory to them based on the length of their marriage and other relevant factors which have been taken into consideration by the parties. Both parties hereby accept the provisions of this Agreement with respect to the division of property in lieu of and in full and final settlement and satisfaction of all claims and demands that they may now have or hereafter have against the other for equitable distribution of their property by any court of competent jurisdiction pursuant to Section 3502 of the Divorce Code or any amendments thereto. Husband and Wife each voluntarily and intelligently waive and relinquish any right to seek a court ordered determination and distribution of marital property, but nothing herein contained shall constitute a waiver by either party of any rights to seek the relief of any court for the purpose of enforcing the provisions of this Agreement. 16. VOLUNTARY EXECUTION The provisions of this Agreement and their legal effect have been fully explained to the parties by their respective counsel, and each party acknowledges that the Agreement is fair and equitable, that it is being entered into voluntarily, with full knowledge of the assets of both parties, and that it is not the result of any duress or undue influence. The parties acknowledge that they have been furnished with all information relating to the financial affairs of the other which has been requested by each of them or by their respective counsel. 17. ADDITIONAL INSTRUMENTS Husband and Wife shall from time to time at the request of the other, execute, acknowledge and deliver to the other party any and all further instruments that may be reasonably required to give full force and effect to the conditions of this Agreement. 18. MODIFICATION AND WAIVER 11 Any modification or waiver of any of the provisions of this Agreement shall be effective only if made in writing and executed with the same formality as this Agreement. The failure of either party to insist upon strict performance of any of the provisions of this Agreement shall not be construed as a waiver of any subsequent default of the same or similar nature. The waiver of any term, condition, clause or provision of this Agreement shall in no way be deemed or construed as a waiver of any other term, condition, clause or provision of this Agreement. 19. BREACH If either party hereto breaches any provision of this Agreement, the other party shall have the right, at his or her election, to sue for such breach, or seek other remedies or relief as may be available to him or her. Both parties agree and are aware that noncompliance with any provision of this Agreement permits either party to pursue appropriate legal remedies, including sanctions as set forth in 23 Pa. C.S.A. §3105. Each party further hereby agrees to save and hold harmless the other party from any and all attorneys' fees, costs and legal expenses and expenses that either may sustain, or incur or become liable or answerable for, in any way whatsoever, or shall pay upon, or in consequence of, any default or breach by the other of any of the terms or provisions of this Agreement by reason of which either party shall or shall be obliged to retain or engage counsel to initiate or maintain or defend proceedings against the other at law or equity or both or in any way whatsoever, provided that the party who seeks to recover such attorneys' fees, costs and legal expenses and expenses must first be successful in whole or in part, before there would be any liability for attorneys' fees, costs, legal expenses and expenses. It is the specific agreement and intent of the parties that a breaching or wrongdoing party shall bear the burden and obligation of any and all costs and expenses and counsel fees incurred by the other party in endeavoring to protect and enforce his or her rights under this Agreement. 12 Ail remedies provided by law and all remedies provided for in this Agreement for enforcement of the Agreement shall be deemed to be cumulative and the exercise of one remedy shall not bar or prevent the pursuit of any other remedy and either party may elect to pursue such remedies simultaneously and the exercise of a remedy one or more times shall not exhaust its use or prevent further pursuit of such remedy. 20. ATTORNEY FEES AND COSTS Husband and Wife shall each assume their respective counsel fees as part of the divorce action commenced in the case. 21. DESCRIPTIVE HEADIN~ The descriptive headings used herein are for convenience only. They shall not have any effect whatsoever in determining the rights or obligations of the parties. 22. INDEPENDENT SEPARATE COVENANTS It is specifically understood and agreed by and between the parties hereto that each paragraph hereof shall be deemed to be a separate and independent covenant and agreement. 23. APPLICABLE LAW This Agreement shall be construed under the laws of the Commonwealth of Pennsylvania and this Agreement was prepared jointly by both parties. It is the parties intent that the standard set forth by the Pennsylvania Supreme Court in Simeone v. Simeone, 522 Pa. 392, 581 A.2d 162 (1990) shall apply to the validity and enforceability of this Agreement. 24. VOID CLAUSES If any term, conditions, clause or provision of this Agreement shall be determined or declared to be void or invalid in law or otherwise, then only that term, condition, clause or provision shall be stricken from this Agreement and in all other respects this Agreement shall be valid and continue in full force, effect and operation. 25. BINDING AGREEMENT This Agreement shall be binding and shall extend to the benefit of the parties hereto and their respective heirs, 13 executors, administrators, successors and assigns. IN WITNESS WHEREOF, the parties have hereunto set their hands and seals the day and year first above written. WITNESS: Todd E. Falkenstein o ly A. Marburger formerly Holly A. Falkenstein 14 COMMONWEALTH OF PENNSYLVANIA : : COUNTY OF YORK : SS. On this, the day o~?~v-~--6 , 2004, before me, the undersigned officer, personally appeared TODD E. FALKENSTEIN, known to me (or satisfactorily proven) to be the person whose name is subscribed to the within instrument and acknowledged that he executed the same for the purposes therein contained. seal. IN WITNESS WHEREOF, I hereu~t~)s~t my hand and official Notary Public COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND SS. On this, the ~day of ~,n~r~ , 2004, before me, the undersigned officer, personally appeared HOLLIE A. MARBURGER, formerly known as HOLLY A. FALKENSTEIN, known to me (or satisfactorily proven) to be the person whose name is subscribed to the within instrument and acknowledged that she executed the same for the purposes therein contained. seal. IN WITNESS WHEREOF, I hereunto set my hand and official Notary Pub 1-ic My Commission Expires: , 0 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA TODD E. FALKENSTEIN, Plaintiff VS. HOLLIE A. FALKENSTE1N, Defendant NO. 03-5108 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 September 25, 2003. 2. The marriage of Plaintiffand 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. 1 understand that false statements herein are made subject to the penalties of 18 Pa. C.S. 4904 relating to unsworn falsification to authorities. TODD E. FALKENSTEIN Plaintiff/ .... Andrew C. Sheely, Esquire 127 S. Market Street P.O. Box 95 Mechanicsburg, PA 17055 PA ID NO. 62469 717-697-7050 (Phone) 717-697-7065 (Fax) TODD E. FALKENSTEIN, Plaintiff VS. HOLLIE A. MARBURGER, formerly known as HOLLIE A. FALKENSTEIN, Defendant .AFFIDAVIT : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : 03 - 5108 : : IN DIVORCE OF CONSENT 1. A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed of September 25~ 2003. I acknowledge that I received a certified copy of the divorce complaint by certified mail. 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 Divorce 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.A. Section 4904 relating to unsworn falsification to the authorities. le A. Marburger, formerly known as Hollie A. Falkenstein IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA TODD E. FALKENSTE1N, Plaintiff VS. HOLLIE A. FALKENSTE1N, Defendant NO. 03-5108 Civil Term CIVIL ACTION - LAW IN DIVORCE 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 ora 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 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 unsworu falsification to authorities. TODD E. FALKENSTEIN Andrew C. Sheely, Esquire 127 S. Market S%reet P.O. Box 95' Mechanicsburg, PA 17055 PA ID NO. 62469 717-697-7050 (Phone) 717-697-7065 (Fax) TODD E. FALKENSTEIN, Plaintiff VS. HOLLIE A. MARBURGER, formerly known as HOLLIE A. FALKENSTEIN, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : 03 - 5108 : : IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER ~3301 (C) OF THE DIVORCE CODR 1. I consent to the entry of a final without notice. 2. I understand that I may lose alimony, division of property, lawyer's fees or expenses not claim them before a divorce decree is granted. decree of divorce rights concerning if I do 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.A. Section 4904 relating to unsworn falsification to the authorities. DATE: ~ Hollle A. MarDurger; Iormerly known as Hollie A. Falkenstein PENNSYLVANIA STATE CONSTABLE EDGAR J. SIPTROTH, JR. OLDE TOWNE COMMONS 400 BRIDGE STREET-SUITE #3 NEW CUMBERLAND, PA. 17070 (717) 737-2445 (717) 780-0550 pager DOCKET NUMBER: SEaVEi CAPER UPON: ADDRESS : ~2~ CITY/STATE/ZIp:~ _ADDRESS:, ~0~ CITY/STATE/ZIp: METHOD OF SERVICE: DATE & TIME: ~ ~.y; FOR THE OFFICE OF: I verify that the statements in the "RETURN OFSERVICE" are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S.A. 4904 relating to unsworn falsification to authorities. Vickl L My Commission ~ O~t ~1, ~ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA TODD E. FALKENSTEIN VS. HOLLIE A. FALKENSTEIN To The Prothonotary: NO. 03-5108 Civil Action in Divorce PRAECIPE TO TRANSMIT RECORD Transmit the record, together with the following information, to the Court for entry of a Divorce Decree: 1. Ground for divorce: irretrievable breakdown under §3301(c) of the Divorce Code. 2. Date and manner of service of the Complaint: served on Def. by personal service on 10/03/03 ' 3. (a) Date of execution of the Affidavit of Consent required by §3301(c) of the Divorce Code: by Plaintiff 02/05/04 , and by Defendant 01/21/04 Code: (b) (1) Date of execution of the Affidavit required by §3301(~1) of the Divorce (2) (a) Date of filing of Plaintiff's Affidavit upon respondent: (b) Date of service of Plaintiff's affidavit upon respondent: 4. Related claims pending: All claims and issues settled and satisfied by written A~reement between the parties dated 01/21/04 - 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 §3301(c) Divorce was filed with the Prothonotary:_ ;2It 3/0 t{ _. Prothonotary: (7/97) Date Defendant's Waiver of Notice in 3301(c) Divorce was filed with the . IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY STATE Of PENNA. TODD E. FALKENSTEIN No. 03-5108 civil VERSUS HOLLIE A. MARBURGER f/k/a HOLLIE A. FALKENSTEIN DECREE IN DIVORCE AND N OW, ~JLL~__ 2004 , IT IS ORDERED AND DECREED ThAT Todd E. Falkenstein , PLAINTIFF, AND Hollie A. Marburger f/k/a Hollie A. Falkenste, i~EfENDaNT, 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;