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HomeMy WebLinkAbout07-5436 ARTHUR B. EAKIN, : IN THE COURT OF COMMON PLEAS OF Plaintiff :CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION -LAW v. N0.07- 5~~~ CIVIL TERM DORIS A. EAKIN, 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 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 WAYNE F. SHADE Attorney at Law 53 West Pomfret Street Carlisle, Pennsylvania 17013 marriage, you may request marriage counseling. A list of marriage counselors is available in the Office of the Prothonotary at 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 32 South Bedford Street Carlisle, Pennsylvania 17013 Telephone: 717-249-3166 G%~ ~ Wayne .Shade, Esquire Supreme Court No. 15712 53 West Pomfret Sheet Carlisle, Pennsylvania 17013 Telephone: 717-243-0220 Attorney for Plaintiff WAYNE F. SHADE Attorney at Law 53 West Pomfret Street Cazlisle, Pemuylvania 17013 ARTHUR B. EAKIN, : IN THE COURT OF COMMON PLEAS OF Plaintiff :CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION -LAW v. N0.07- ,Sy.~4 CIVIL TERM DORIS A. EAKIN, Defendant : IN DIVORCE COMPLAINT COUNTI DIVORCE 1. Plaintiff in this Action in Divorce is ARTHUR B. EAKIN, an adult individual who resides at 505 West Elmwood Avenue, Mechanicsburg, Cumberland County, Pennsylvania 17055. 2. Defendant is DORIS A. EAKIN, an adult individual and citizen of the United States of America who resides at 505 West Elmwood Avenue, Mechanicsburg, Cumberland County, Pennsylvania 17055. 3. Defendant has been a bona fide resident of Cumberland County, Pennsylvania, for more than six months previously to the filing of this Complaint and continuing to the commencement of this Action in Divorce. WAYNE F. SHADE ', Attorney at Law 53 West Pomfret Street Carlisle, Pennsylvania 17013 4. Plaintiff and Defendant were lawfully joined in marriage on December 5, 1999, in Cumberland County, Pennsylvania. 5. The parties have been living separate and apart since at least on or about September 13, 2007. 6. Plaintiff avers as the grounds on which this action is based that the marriage of the parties is irretrievably broken. In the alternative, Plaintiff avers as the grounds on which this action is based that Defendant has offered such indignities to the person of the Plaintiff, the innocent and injured spouse, as to render the condition of Plaintiff intolerable and the life of Plaintiff burdensome. 7. There have been no prior actions for divorce or annulment of this marriage in Pennsylvania or in any other jurisdiction. S. This Action in Divorce is not collusive. WAYNE F. SHADE Attorney at Law 53 West Pomfret Street Carlisle, Pennsylvania 17013 -2- ~.°.. 9. Both parties to this Action in Divorce are legally capable of managing their own concerns. 10. Defendant herein is not a member of the armed forces of the United States of America. 11. There were no children born to the parties. 12. Plaintiff has been advised that counseling is available and that Plaintiff may have the right to request that the Court require the parties to participate in counseling. WHEREFORE, Plaintiff demands judgment dissolving the marriage between the parties. COUNT II EQUITABLE DISTRIBUTION 13. The averments of Pazagraphs 1 through 12 inclusive above aze incorporated herein by reference as though fully set forth. WAYNE F. SHADE Attorney at Law 53 West Pomfret Street Carlisle, Pennsylvania 17013 -3- 14. Plaintiff and Defendant possess various items of marital property which aze subject to equitable distribution by the Court. WHEREFORE, Plaintiff demands judgment equitably distributing all marital property owned by the parties and such further relief as the Court may deem equitable and just. ~~ Wayne .Shade, Esquire Supreme Court No. 15712 53 West Pomfret Street Cazlisle, Pennsylvania 17013 Telephone : 717-243 -0220 Attorney for Plaintiff WAYNE F. SHADE Attorney at Law 53 West Pomfret Street Carlisle, Pennsylvania 17013 -4- I verify that the statements made in this pleading are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. §4904 relating to unsworn falsification to authorities. Date: September 11, 2007 Arthur B. Eakin WAYNE F. S[-1ADE Attorney at Law 53 West Pomfret Street Carlisle, Pennsylvania 17013 w ~_ ~ ~ ~ ~ ~. ~ ~ ~ ~ ~~ -a ~ ~ ~ ~;r: d ~ ~ ~ ~ ~~' 3 ~. ~ ~ ~~~= v ~ Carl G. Wass, Esquire Attorney I.D. No. 07268 CALDWELL &KEARNS 3631 North Front Street Harrisburg, PA 17110 717-232-7661 ARTHUR B. EAKIN, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA vs. N0.07-5436 CIVIL TERM DORIS A. EAKIN, Defendant CIVIL ACTION LAW-IN DIVORCE ENTRY OF APPEARANCE TO THE PROTHONOTARY OF SAID COURT: Please enter my appearance on behalf of the Defendant, Doris A. Eakin, in the above- captioned divorce action. Respectfully submitted: Carl G. Wass, Esq e Attorney I.D. No. 07268 CALDWELL 8L KEARNS 3631 North Front Street Harrisburg, PA 17110 Date: S ~ A'~ • ~ 4` ~Z~TO'( 717-232-7661 Attorney for Defendant ~, CERTIFICATE OF SERVICE AND NOW, this ~~ay of S , 2007, I hereby certify that I have served a copy of the within document on the following by depositing a true and correct copy of the same in the U.S. Mails at Harrisburg, Pennsylvania, postage prepaid, addressed to: Wayne F. Shade, Esquire 53 West Pomfret Street Carlisle, PA 17013 CALDWELL & KEARNS By 122792 C'1 r~~ C1 C ~ -ri ' --~~77 ?'~"t r r. ~ ct'3 ~' ~ ~ ~ ~~::_~ `~' ~ p ~ ~i J ~ ~~ ARTHUR B. EAKIN, : IN THE COURT OF COMMON PLEAS OF Plaintiff :CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION -LAW v. N0.07-5436 CIVIL TERM DORIS A. EAKIN, Defendant : IN DIVORCE AFFIDAVIT OF SERVICE WAYNE F. SHADE, ESQUIRE, certifies that he is counsel for Plaintiff ARTHUR WAYNE F. SHADE Attorney at Law 53 West Pomfret Street Carlisle, Pennsylvania 17013 B. EAKIN in the above-captioned matter, that he did, on September 13, 2007, serve the Complaint in Divorce in the above-captioned matter upon Defendant by certified United States mail, postage prepaid, return receipt requested, addressee only, and that the same was received by Defendant on September 14, 2007, as evidenced by the return receipt card attached hereto bearing Certified No. 7001 2510 0006 5864 2342. It is understood that false statements herein are made subject to the penalties of 18 Pa.C.S. §4904 relating to unsworn falsification to authorities. Date: September 17, 2007 ~C~. Wayne F. bade ' Y .~ m ru 9 ...t7 i ~l Certified Fee ? 'j ~ ~ _ ~ pyo~t,,,~~k ,,,p Return Receipt Fee ~~.1~ ~ ~`°~ti~J ~ :~-~ j 0 (Endorsement Required) ~ ! ,: ' ~ d Restricted Delivery Fee (Endorsement Required) ~~, i(J _ "'' ~ ,~ Total Postage 8 Fees ~ ~ Sent To Doris A. Eakin ---1 a 0 --------------------------------------------------------------------------------------------- Street, Apt. No.; o, POSoXNo. 505 West Elmwood Avenue ~ Crty, Stete, ZIP+4 M ^ ncbed' DeN~ver~y s aesir "' ~1'" J ^ Print your name and address on the reverse X .M~ so that we can return the card to you. yy (py~ ) ^ Attach this card to the back of the mailpiece, or on the front ff space permits. D. a depvery address 1. Article addressed to: BYES, eater deihn Doris A. Eakin 505 West Elmwood Avenue Mechanicsburg, PA 1705.5 (~ ~-4` ~ ._... _. t: _ ;.'-t !'- ~.,' ~, _ - c tl ~t_ ~ t ^ agent o Yes .~ 3. Servbe lype "~ 7C] CertHied Mail ^ Registered ^ pt ftx Merchandise ^ Insured Maii ^ C.O.D. 2. AruaeNumber 7001 2510 D006 5864 2342 tTtt~r+M4r f-orn,erwo.I~beA PS Form 3811. Fetxury 2004 DorrNeUC Return Receipt ,o2sss~.~~-tsw . ~ PROPERTY SETTLEMENT AND SEPARATION AGREEMENT THIS AGREEMENT, made this ~`~day of ~ e~~~ , 2007, at Carlisle, Cumberland County, Pennsylvania, by and between ARTHUR B. EAKIN of 505 West Elmwood Avenue, Mechanicsburg, Cumberland County, Pennsylvania 17055 (hereinafter referenced as "Husband") AND DORIS A. EAKIN of 505 West Elmwood Avenue, Mechanicsburg, Cumberland County, Pennsylvania 17055 (hereinafter referenced as "Wife"). ARTICLE I SEPARATION 1.01 Separation of Parties. Differences have arisen between the parties as a result of which they have been living separately and apart, for the purposes of the Pennsylvania Divorce Code, since at least September 13, 2007. 1.02 Intention to Live Apart. The parties intend to maintain separate and permanent domiciles and to live apart from each other. It is the intention and purpose of this Agreement to set forth the respective rights and duties of the parties while they live apart from each other and to settle all financial and property rights between them. ARTICLE II ENFORCEABILITY AND CONSIDERATION WAYNE F. SHADE Attorney at Law 53 West Pomfret Street Cazlisle, Pennsylvania 17013 2.01 Equitable Distribution of Marital Property. The parties have attempted to divide their marital property in accordance with the statutory rights of the parties and in a manner which conforms to the criteria set forth in §3501 of the Pennsylvania Divorce Code, and taking into account the following considerations: Any prior marriages of the parties; the age, health, station, amount and sources of income, vocational skills, employability, estate, liabilities and needs of each of the parties; the contributions of each party; the opportunity of each party for future acquisition of capital assets and income; the sources of income of each party, including, but not limited to, medical, retirement, insurance or other benefits; the contribution or dissipation of each party in the acquisition, preservation, depreciation or appreciation of marital property, including the contribution of each party as homemaker; the value of the property set apart to each party; the standard of living of the parties established during the marriage; and the economic circumstances of each party at the time the division of property is to become effective. The division of existing marital property is not intended by the parties to constitute in anyway a sale or exchange of assets, and the division is being effected without the introduction of outside funds or other property not constituting marital property. The division of property under this Agreement shall be in full satisfaction of all rights of equitable distribution of the parties. 2.02 Incorporation and Merger. This Agreement shall be incorporated but not WAYNE F. SHADE Attorney at Law 53 West Pomfret Street Carlisle, Pennsylvania 17013 merged in the decree of divorce contemplated herein. This Agreement shall survive any action for divorce and decree of divorce and shall forever be binding and conclusive on -2- the parties; and any independent action may be brought, either at law or in equity, to enforce the terms of this Agreement by either Husband or Wife until it shall have been fully satisfied and performed. Any provisions herein concerning property rights, alimony and counsel fees shall not be modifiable. The considerations for this Agreement are the mutual benefits to be obtained by both of the parties hereto and the covenants and agreements of each of the parties to the other. The adequacy of the consideration for all agreements herein contained is stipulated, confessed and admitted by the parties, and the parties intend to be legally bound hereby. 2.03 Agreement Predicated on Divorce. It is specifically understood and WAYNE F. SHADE Attorney at Law 53 West Pomfret Street Carlisle, Pennsylvania 17013 agreed, by and between the parties hereto and each of the said parties does hereby warrant and represent to the other, that the execution and delivery of this Agreement is predicated upon an agreement for institution and prosecution of an action for divorce. Nothing contained in this Agreement shall prevent or preclude either of the parties hereto from commencing, instituting or prosecuting any action or actions for divorce, either absolute or otherwise, upon just, legal and proper grounds; nor to prevent either party from defending any such action which has been, may or shall be instituted by the other party. It is warranted, covenanted and represented by Husband and Wife, each to the other, that this Agreement is lawful and enforceable and this warranty, covenant and representation is made for the specific purpose of inducing Husband and Wife to execute the Agreement. -3- Husband and Wife each knowingly and understandingly hereby waive any and all possible claims that this Agreement is, for any reason, illegal or for any reason whatsoever of public policy, unenforceable in whole or in part. Husband and Wife do each hereby warrant, covenant and agree that, in any event, he and she are and shall forever be estopped from asserting any illegality or unenforceability as to all or any part of this Agreement. 2.04 Representation by Independent Counsel. Each of the parties is represented by independent counsel in the preparation and execution of this Agreement. Husband is represented by Wayne F. Shade, Esquire, and Wife is represented by Carl. G. Wass, Esquire, of Caldwell & Kearns. ARTICLE III EQUITABLE DIVISION OF MARITAL PROPERTY 3.01 Equitable Division of Real Property. (a) Concurrently with execution of this Agreement, Husband shall execute a WAYNE F. SHADE Attorney at Law 53 West Pomfret Street Carlisle, Pennsylvania 17013 special warranty deed to be prepared by counsel for Wife which will transfer to Wife all of his right, title and interest in and to the real estate premises known and numbered as 505 West Elmwood Avenue, Mechanicsburg, Cumberland County, Pennsylvania 17055, with improvements thereon erected. The deed shall be held in escrow by counsel for Husband pending issuance of a full and final Decree in Divorce. Husband shall be entitled, but shall not be required, to continue to reside in the marital residence until the -4- issuance of a full and final Decree in Divorce. Also, concurrently with execution of this Agreement, Wife shall deposit, with her counsel, collected funds in the amount of $75,000 which shall be delivered to counsel for Husband at the time of delivery of the deed to counsel for Wife. (b) Concurrently with execution of this Agreement, Wife shall execute a deed to be prepared by counsel for Husband which will relinquish any marital interest that she may have acquired as to two tracts of mountain land acquired by Husband by deed dated June 28, 2006, and recorded in the Office of the Recorder of Deeds of Cumberland County, Pennsylvania, in Deed Book 275, Page 2562. 3.02 Equitable Division of Personal Property. (a) Husband shall retain ownership of his personal effects. From among the items WAYNE F. SHADE Attorney at Law 53 West Pomfret Street Carlisle, Pennsylvania 17013 of furniture, household goods and other similar untitled, tangible personal property that Husband brought into the marriage, he shall retain ownership of four walnut TV trays and their stand, an antique drop-leaf table, a wooden rocking chair, a walnut bookcase with Chandler books, a gun cabinet with eight guns and the bedroom suite from the master bedroom. From among the items of furniture, household goods and other similar untitled, tangible personal property that were acquired during the marriage, Husband shall be assigned ownership of a black leather recliner chair, two swivel chairs with foot stools, freezer, computer and computer stand and the television in the master bedroom. -5- (b) Wife shall retain ownership of the remaining items of furniture, household goods and other similar untitled, tangible personal property. (c) Husband hereby waives and relinquishes to Wife any interest in her PNC stock, Prudential annuity, Melon Bank certificate of deposit, Harris certificate of deposit, York Federal certificate of deposit and York Federal IRA. This waiver extends to and includes the traceable format into which any of those assets have been changed or exchanged. (d) Wife hereby waives and relinquishes to Husband any interest in his telephone stock, PNC stock, GNA Corporation stock and Belco stock. This waiver extends to and includes the traceable format into which any of those assets have been changed or exchanged. ARTICLE IV DEBTS OF PARTIES 4.01 Post-Separation Obligations. Each party represents to the other that there are no outstanding joint obligations of the parties and that, since the separation, neither party has contracted for any debts for which the other will be responsible. 4.02 Indemnification. Each party indemnifies and holds harmless the other for all obligations separately incurred and for all obligations assumed under the provisions of this Agreement. WAYNE F. SHADE Attorney at Law 53 West Pomfret Street Carlisle, Pennsylvania 17013 -6- ARTICLE V ALIMONY, ALIMONY PENDENTE LITE AND SPOUSAL SUPPORT 5.01 Waiver. Each of the parties waives alimony, alimony pendente lite and spousal support, generally. ARTICLE VI COUNSEL FEES 6.01 Present Fees. In the event of amicable settlement of all marital issues and the entry of a Decree in DivArce pursuant to mutual consent within ninety (90) days from the date of this Agreement, each of the parties hereby assumes his and her own counsel fees up to and including the date of the Decree in Divorce. 6.02 Counsel Fees After Divorce. The parties agree with respect to counsel fees incurred after ninety (90) days from the date of this Agreement, as follows: (a) In the event that future legal proceedings of any nature may be necessary for the interpretation or enforcement of this Agreement or any valid modifications hereof, the substantially prevailing party shall be entitled to reasonable counsel fees incurred. (b) Reasonable counsel fees hereunder shall be defined as reasonable hours expended at the then hourly rate of counsel for the substantially prevailing party. (c) Such counsel fees shall extend to any independent proceedings necessary to WAYNE F. SHADE Attorney at Law 53 West Pomfret Street Carlisle, Pennsylvania 17013 collect counsel fees or to enforce any other judgment or decree in connection with this Agreement. -7- ARTICLE VII GENERAL PROVISIONS 7.01 Income Tax Consequences. The parties have heretofore filed joint federal and state income tax returns. Both parties agree that in the event any deficiency in federal, state or local income tax is proposed, or any assessment of any such tax is made against either of them, each will indemnify and hold harmless the other from and against any loss or liability for any such tax deficiency or assessment and any interest, penalty and expense incurred in connection therewith. Such tax, interest, penalty or expense shall be paid solely and entirely by the individual who is finally determined to be responsible for the deficiency or assessment. Except as otherwise set forth herein, any income tax incidents of any kind imposed by virtue of any transfers of assets or other payments required under this Agreement will be the responsibility of the transferee. 7.02 General Release of All Claims. Each party hereto releases the other from all claims, liabilities, debts, obligations, actions and causes of action of every kind that have been incurred relating to or arising from the marriage between the parties. However, neither party is relieved or discharged from any obligation under this Agreement or any other instrument or document executed pursuant to this Agreement. 7.03 Subsequent Divorce. Nothing herein contained will be deemed to prevent WAYNE F. SHADE Attorney at Law 53 West Pomfret Street Carlisle, Pennsylvania 17013 either of the parties from maintaining a suit for absolute divorce against the other in any jurisdiction based upon any past or future conduct of the other, nor to bar the other from -g- defending any such suit. In the event any such action is instituted or concluded, the parties will be bound by all of the terms of this Agreement. 7.04 Waiver of Estate Claim. Except as otherwise herein provided, in the event of the death of either party hereto, each parry hereby waives, releases and relinquishes any and all rights that he or she may have or may hereafter acquire as the other parties' spouse under the present or future laws of any jurisdiction, as follows: (a) to elect to take against the will or codicils of the other party now or hereafter enforced. (b) to share in the other party's estate in cases of intestacy. (c) to act as executor or administrator of the other party's estate. 7.05 No Debts and Indemnification. Each party represents and warrants to the WAYNE F. SHADE Attorney at Law 53 West Pomfret Street Carlisle, Pennsylvania 17013 other that he or she will not incur any debt, obligation or other liability, other than those already described in this Agreement, on which the other party is or may be liable. Each party covenants and agrees that if any claim, action or proceeding is hereafter initiated seeking to hold the other party liable for any other debt, obligation, liability, act or omission of such party or for any obligation assumed by a party hereunder, the party liable will, at his or her sole expense, defend the other against any claim or demand, whether or not well-founded, and that he or she will indemnify and hold harmless the other party in respect to all damages resulting therefrom. The obligation created -9- hereunder will be payable as alimony so as to constitute an exception to discharge in bankruptcy. 7.06 Full Disclosure. Each party acknowledges that he and she is sufficiently WAYNE F. SHADE Attorney at Law 53 West Pomfret Street Carlisle, Pennsylvania 1013 conversant with the size, degree and extent of the estate and income of the other. Each party asserts that he or she has made disclosure of all of the real and personal property of whatsoever nature and wheresoever located belonging in anyway to each of them, of all sources and amounts of income received or receivable by each party, and of every other ; fact relating in anyway to the subject matter of this Agreement. These disclosures were in the form of informal exchanges of information between the parties. These disclosures are part of the considerations made by each party for entering into this Agreement. The parties confirm that they have. relied on the completeness and substantial accuracy of the financial disclosure of the other as an inducement to the execution of this Agreement. The parties acknowledge that there has been no formal discovery conducted in their pending divorce action and that neither parry has filed an inventory and appraisement as required by Section 3505(b) of the Pennsylvania Divorce Code. Notwithstanding the foregoing, the rights of either party to pursue a claim for equitable distribution, pursuant to the Pennsylvania Divorce Code, of any interest owned by the other party in an asset of any nature at any time prior to the date of execution of this Agreement that was not disclosed to the other party or his or her counsel prior to the date of the within Agreement -10- are expressly preserved. In the event that either party, at any time hereafter, should discover such an undisclosed asset, the party shall have the right to petition the Court of Common Pleas of Cumberland County to make equitable distribution of said asset. The party to whom the asset was not disclosed shall be entitled to seek, from the non- disclosing parry, payment of reasonable counsel fees, costs or expenses incurred in seeking equitable distribution of said asset. Notwithstanding the foregoing, this Agreement shall in all other respects remain in full force and effect. 7.07 Right to Live Separately and Free from Interference. Each party will live separately and apart from the other at any place or places that he or she may select. Neither party will molest, harass, annoy, injure, threaten or interfere with the other party in any manner whatsoever. Each party may carry on and engage in any employment, profession, business or other activity as he or she may deem advisable for his or her sole use and benefit. Neither party will interfere with the use, ownership, enjoyment or disposition of any property now owned or hereafter acquired by the other. 7.08 Agreement Voluntary and Clearly Understood. Each party to this Agreement acknowledges and declares that he or she, respectively: (a) Is fully and completely informed as to the facts relating to the subject matter of this Agreement and as to the rights and liabilities of both parties. WAYNE F. SHADE Attorney at Law 53 West Pomfre[ Street Carlisle, Pennsylvania 17013 -11- (b) Enters into this Agreement voluntarily after receiving the advice of independent counsel. (c) Has given careful and mature thought to the making of this Agreement. (d) Has carefully read each provision of this Agreement. (e) Fully and completely understands each provision of this Agreement, both as to the subject matter and legal effect. 7.09 Compliance. The parties will execute and deliver any documents necessary to formally conclude any of their obligations under the terms of this Agreement to each other. Any failure of a party to execute and return to the other, within thirty (30) days of receipt, a document that is necessary to formally conclude any obligation under the terms of this Agreement shall be regarded as a material breach of this Agreement. 7.10 Default. If either party fails in the due performance of any of his or her material obligations hereunder, the party not in default will have the right to act against the other, at his or her election, to sue for damages for breach hereof, or to rescind this Agreement or seek such other legal remedies as maybe available to either party. Nothing herein shall be construed to restrict or impair either party in the exercise of this election. 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 provision of this Agreement or of the right to require strict performance of any other obligations under this Agreement. WAYNE F. SHADE Attorney at Law 53 West Pomfret Street Cazlisle, Pennsylvania 17013 -12- 7.11 Amendment or Modification. This Agreement may be amended or modified only by a written instrument signed by both parties. 7.12 Successors and Assigns. Unless otherwise expressly provided herein, this Agreement will be binding on and inure to the benefit of the respective legatees, devisees, heirs, executors, administrators, assigns and successors in interest of the parties hereto. 7.13 Law Governing Agreement. This Agreement shall be governed by and construed in accordance with the laws of the Commonwealth of Pennsylvania in effect at the date of execution hereof irrespective where in the world either or both of the parties hereto may reside, be domiciled or own property in the future. Any disputes that may arise in connection with this Agreement shall be resolved in the Court of Common Pleas of Cumberland County, Pennsylvania. 7.14 Condition Subsequent. This Agreement is expressly contingent upon the parties' mutual consent within ninety (90) days from the date of this Agreement to the pending Divorce proceedings docketed to No. 07-5436 in the Court of Common Pleas of Cumberland County, Pennsylvania, which consent would not be revoked prior to issuance of a full and final Decree in Divorce. In the event of failure or revocation of consent as required herein, this Agreement shall become null and void. 7.15 Reconciliation. Irrespective of the reference in the title of this Agreement to WAYNE F. SHADE Attorney at Law 53 West Pomfret Street Carlisle, Pennsylvania 17013 marital separation, this Agreement is intended to be a postnuptial agreement. In the event -13- of reconciliation, attempted reconciliation or other cohabitation of the parties hereto of short or long duration after the date of this Agreement, this Agreement shall remain in full force and effect in the absence of a written Agreement signed by both parties hereto expressly setting forth that this Agreement has been revoked or modified. Any attempted reconciliation which does not result in a written agreement signed by both parties hereto expressly setting forth that this Agreement has been revoked or modified shall not establish any additional marital rights or obligations as a result of the attempted ~ reconciliation. IN WITNESS WHEREOF, the parties hereto have hereunto set their hands and seals, intending to be legally bound hereby, the day and year first above written. Signed, Sealed and Delivered in the Presence of: ,~,~~ ,~ ~ (SEAL) Arthur B. Eakin J - ~,~ ~ ; __ ~ (SEAL) ~_..~._ Doris A. Eakin WAYNE F. SHADE Attorney at Law 53 West Pomfret Street Carlisle, Pennsylvania 17013 -14- COMMONWEALTH OF PENNSYLVANIA SS: COUNTY OF CUMBERLAND On this, the ~ day- of , 2007, before me, the undersigned officer, personally appeared ARTHUR B. EAKIN, known to me (or satisfactorily proven) to be the person whose name is subscribed to the foregoing Agreement and acknowledged that he executed the same for the purposes therein contained. IN WITNESS WHEREOF, I hereunto set my hand and official seal. Notary Pub c COMMONWEALTH OF PENNSYLVANIA NOTARIAL SEAL CONNIE J. TRITT, Notary Public COMMONWEALTH OF PENNSYLVANIA) Carlisle 13oro., Cumberland County _ ) SS: M Commission Expires October 5, 2008 COUNTY OF ~~~~ ) On this, the oo~ly ~ day of , 2007, before me, the WAYNE F. SHADE Attorney at Law 53 West Pomfret Stree Carlisle, Pennsylvania 17013 undersigned officer, personally appeared DORIS A. EAKIN, known to me (or satisfactorily proven) to be the person whose- name is subscribed to the foregoing Agreement and acknowledged that she executed the same for the purposes therein contained. IN WITNESS 'WHEREOF, I hereunto set m hand and official seal. ~ - COMMONWEALTH OF PENNSYLVANIA NOTARIAL SEAL N t ub11C TAMARA S. HAIR, Notary Public Susquehanna Twp., Dauphin County My Commission Expires August 26, 2008 -15- ~ N C: ~' ~ ~~ ~ ~ ~' i~?z - d ~'.' ~ ' ~ f~`9 _. =~ r f~f >-~~ ~ .+~'~~ c „_ ARTHUR B. EAKIN, : IN THE COURT OF COMMON PLEAS OF Plaintiff :CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION -LAW v. N0.07-5436 CIVIL TERM DORIS A. EAKIN, Defendant : IN DIVORCE AFFIDAVIT OF CONSENT AND WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRI' OF A DIVORCE DECREE UNDER §3301(c) OF THE DIVORCE CODE COMMONWEALTH OF PENNSYLVANIA ) } SS: COUNTY OF CUMBERLAND ) 1. A Complaint in Divorce under §3301(c) of the Divarce Code with Notice of Availability of Counseling was filed on September 13, 2007, and served on September 14, 2007. 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety (40) WAYNE F. SHADE Attorney at Law 53 West Pomfret Street Carlisle, Pennsylvania 17013 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 without notice. 4. I understand that I may lase rights concerning alimony, division of property, lawyer's fees or expenses if I do not claim them before a divorce is granted. 5. 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. 6. I have been advised of the availability of marriage counseling and of my right to counseling and understand that I may request that the Court require that my spouse and I participate in counseling. 7. I understand that the Court maintains a list of marriage counselors in the Domestic Relations Office, which list is available to me upon request. 8. Being so advised, I do not request that the Court require that my spouse and I WAYNE F. SHADE Attorney at Law 53 West Pomfret Street Carlisle, Pennsylvania 17013 participate in counseling prior to a Divorce Decree's being handed down by the Court. ~. 1, 9. 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 o f 18 Pa.C.S. §4904 relating to unsworn falsification to authorities. Date: January 2, 2008 ~~ ,~ Arthur B. Eakin WAYNE F. SHADE Attorney at Law 53 West Pomfret Street Carlisle, Pennsylvania 17013 ~ yM ~. ~"`e.. ~igl ~+i { tt ~ t,' f% _.- f._ ..t-~ L~_ :~ ~~ Q ~~ ~.}.~ t~ '• ~ [ ~ i+~~ ~ '~ 4~ -S iF~ ,tea, . is LL~ F --m. C. 3 -~.' '.:' ~~:' ~ KJ r~ -: y +...! -~G T ARTHUR B. EAKIN, : IN THE COURT OF COMMON PLEAS OF Plaintiff :CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION -LAW v. N0.07-5436 CIVIL TERM DORIS A. EAKIN, Defendant : IN DIVORCE AFFIDAVIT OF CONSENT AND WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER §3301(c) OF THE DIVORCE CODE COMMONWEALTH OF PENNSYLVANIA ) SS: COUNTY OF DAUPHIN ) 1. A Complaint in Divorce under §3301(c) of the Divorce Code with Notice of Availability of Counseling was filed on September 13, 2007, and served on September 14, 2007. 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety (90) days have elapsed from the date of filing and service of the Complaint. ~- 3. I consent to the entry of a Final Decree of Divorce without notice. 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 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. 6. I have been advised of the availability of marriage counseling and of my right to counseling and understand that I may request that the Court require that my spouse and I participate in counseling. 7. I understand that the Court maintains a list of marriage counselors in the Domestic Relations Office, which list is available to me upon request. 8. Being so advised, I do not request that the Court require that my spouse and I participate in counseling prior to a Divorce Decree's being handed down by the Court. 9. 1 verify that the statements made in this Affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. §4904 relating to unsworn falsification to authorities. Date: January 2, 2008 Doris A. Eakin G~~•°O~-~ ~ C~ ~ O - ~ ri rid t _ ~ ~ ~. ~- m -i-~ r ' rfT t i -~ ( 7 ~. `- y, ; . _. _~» 1. J .,..'r'_ ~ ~..~~ ~~ ~ r.,,Q "{ ,Y ,...~ ARTHUR B. EAKIN, : IN THE COURT OF COMMON PLEAS OF Plaintiff :CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION -LAW v. . N0.07-5436 CIVIL TERM DORIS A. EAKIN, Defendant : IN DIVORCE PRAECIPE TO TRANSMIT RECORD To the Prothonotary: Please 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. The date and manner of service of the Complaint were September 13, 2007, upon Defendant herein by certified United States mail, postage prepaid, return receipt requested, addressee only. 3. Date of execution of the Affidavit of Consent and Waiver of Notice of Intention WAYNE P. SHADE i Attorney at Law 53 West Pomfret Street Carlisle, Pennsylvania 17013 to Request Entry of a Divorce Decree under §3301(c} of the Divorce Code by Plaintiff was January 2, 2008, and by Defendant was January 2, 2008. ,. A 4. Related claims pending: None. Date: January 2, 2008 Wayne .Shade Attorney for Plaintiff WAYNE F. SHADE Attorney at Law 53 West Pomfret Street Carlisle, Pennsylvania 17013 ~ ~J _ (^~ C'y '?'r i.'x. G7p ~. _~ ~~ _,., .. , ~ -~.. rrr ~ ... ~ , ~ ~ 'j (.-'~ ~ ~~I~./ \ +.n' +~ Y Y ~ I N T E COU RT OF COMMON PLEAS OF CUMBERLAND COUNTY STATE OF PENNA. Pla~.ntiff VERSUS DORIS A. E IN, Defelndant N o. 07-5436 CIVIL TERM DECREE IN DIVORCE AND NC~W, ~d..~~... t`''~ 'Z-O~~' 1T IS ORDERED AND DECREED THP~T ARTHUR B. EAKIN PLAINTIFF, AND DORIS A, EAKIN DEFENDANT, ARE DIVORCED FROM THE BONDS OF MATRIMONY. THE COUR RETAINS JURISDICTION OF THE FOLLOWING CLAIMS WHICH HAVE BEEN RAISED OF RECORD IN THIS ACTION FOR WHICH A FINAL ORDER HAS NOT YET BEEN EN ERED; All other c aims have been resolved in a Property Settlement and Separation greement dated October 26, 2007, a copy of which is attached an incorporated, but not merged, herein by reference as Carl G. Wass, Esquire Attorney I.D. No. 07268 CALDWELL & KEARNS 3631 North Front Street Harrisburg, PA 17110 717-232-7661 Attorney for Defendant ARTHUR B. EAKIN, DORIS A. EAKIN, vs. IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA NO. 07-5436 CIVIL TERM Defendant IN DIVORCE NOTICE OF ELECTION TO RESUME PRIOR NAME Notice is hereby given that Doris A. Eakin, Defendant in the above matter, having been granted a final Decree in Divorce from the bonds of matrimony on the 2°d day of January, 2008, hereby elects to resume and hereafter use her prior name of Doris A. Gochenaur and gives this written notice avowing her intention in accordance with the provisions of the Act of December 16, 1982, P.L. 1309, 54 Pa. C.S.A., Section 704, as amended. /~ __ ~~~~ l~ ~G~~ Doris A. Eakin To be known as: Date: v , 2008 Doris A. Gochenaur 125332 V r ti COMMONWEALTH OF PENNSYLVANIA COUNTY OF DAUPHIN SS: On the 7th day of January, 2008, before me, a member of the bar of the highest court of said state, appeared Doris Eakin, known to me to be the person whose name is subscribed to the within instrument and acknowledged that she executed the same for the purposes therein contained. Carl G. Wass, Es 're PA Supreme Court .D. No. 07268 COMMONWEALTH OF PEI~iNSYLVANIA: S5. COUNTY OF DAUPHIN On this, the 1~~ day of January, 2008, before me, the undersigned officer, personally appeared Carl G. Wass, Supreme Court I.D. No. 07268, known to me (or satisfactorily proven) to be a member of the bar of the highest court of said state, and certified that he was personally present when the foregoing acknowledgment was made by Doris Eakin. IN WITNESS WHEREOF, I hereunto set my hand and official seal. tary P blic COMMONWEALTH OF PENNSYLVANIE; NOTARIAL SEAL ~ My Commission Expires: TAMARA S. HAIR, Notary Public Susquehanna Twp. Dauphin County My Commission Expires August 26, 2008 I ~-, .. ~ L. ~_r~ ~ ` ~ '~' 4 ..~~~ C.~ ~, ~~ 5 6 ~`~ S ~ " ~~ ~ _ '.. W W ~~ ; { ~ ~~ ~ ~ ~ .