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HomeMy WebLinkAbout07-5617 NATHAN C WOLF, ESQUIRE ATTORNEY M NO. 87380 10 WEST HIGH STREET CARLISLE PA 17013 cn7) 2414436 ATTORNEY FOR PLAINTIFF JEFFREY S. EBERSOLE, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : CIVIL ACTION - LAW HEIDI E. EBERSOLE, : NO. 2007 - -W-7 CIVIL TERM Defendant : IN DIVORCE 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 in divorce or annulment may be entered against you by the court. A judgment may also be entered against you for any other claim or relief requested in these papers by the plaintiff. You may lose money or property or other rights important to you, including custody or visitation of your children. When the ground for divorce is indignities or irretrievable breakdown of the marriage, you may request marriage counseling. A list of marriage counselors is available in the Office of the Prothonotary, Cumberland County Courthouse, Carlisle, Pennsylvania 17013. IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY, LAWYER'S FEES OR EXPENSES BEFORE A DIVORCE OR ANNULMENT IS GRANTED, YOU MAY LOSE THE RIGHT TO CLAIM ANY OF THEM. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 32 South Bedford Street Carlisle, Pennsylvania 17013 717-249-3166 NATHAN C. WOLF, ESQUIRE ATTORNEY ID NO. 87380 10 WEST HIGH STREET CARLISLE PA 17013 cm) 241-4436 ATTORNEY FOR PLAINTIFF JEFFREY S. EBERSOLE, Plaintiff V. HEIDI E. EBERSOLE, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW : NO. 2007 - CIVIL TERM : IN DIVORCE NOW, comes the plaintiff and files this complaint in divorce against the defendant, representing as follows: 1. The plaintiff is Jeffrey S. Ebersole, an adult individual residing at 125 Central Way, Shippensburg, Franklin County, Pennsylvania 17257. 2. The defendant is Heidi E. Ebersole, an adult individual residing at 457 Meadows Road, Newville, Cumberland County, Pennsylvania 17241. 3. The plaintiff and defendant have been residents of the Commonwealth of Pennsylvania at least six months prior to the filing of this action in divorce. 4. The parties were married on May 31,1981, in Newville, Pennsylvania. 5. Pursuant to the Divorce Code, Section 3301(c), the plaintiff avers as the grounds upon which this action is based that the marriage between the parties is irretrievably broken. 6. The plaintiff avers that she has been advised of the availability of counseling and that said party has the right to request that the court require the parties to participate in counseling. .r WHEREFORE, the plaintiff demands judgment dissolving the marriage between the parties and for such further relief as this Honorable Court may deem equitable and just. I verify that the statements made in this Complaint are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904, relating to unworn falsification to authorities. -v& 2,' 2007 2007 Jeffrey S. Ebersole, Plaintiff C. LF, ESQUIRE ID #87380 rh Street Wsle, Pennsylvania 17013 (717) 241-4436 Attorney for Plaintiff r C U(? 'd1 NATHAN C- WOLF, ESQUIRE ATTORNEY ID NO. 97380 30 WEST HIGH STREET CARLISLE PA 17013 (717) 2414436 ATTORNEY FOR PLAINTIFF JEFFREY S. EBERSOLE, Plaintiff v. HEIDI E. EBERSOLE, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW : NO. 2007 - SG CIVIL TERM : IN DIVORCE PLAINTIFF'S MARRIAGE COUNSELING AFFIDAVIT The plaintiff, being duly sworn according to law, deposes and says: 1. I have been advised of the availability of marriage counseling and understand that I may request that the court require that my spouse and I participate in counseling. 2. I understand that the court maintains a list of marriage counselors in the Prothonotary's Office, which list is available to me upon request. 3. Being so advised, I do not request that the court require that my spouse and I participate in counseling prior to a divorce decree being handed down. I verify that the statements made in this affidavit are true and correct. I understand that false statements herein made are subject to the penalties of 18 Pa. CS. Section 4904 relating to unswom falsification to authorities. , 2007 ?J ??&A - JEFFREY S. EBERSOLE, Plaintiff fd Q cn M r W J -? CJi JEFFREY S. EBERSOLE, : IN THE COURT OF COMMON PLEAS Plaintiff : OF CUMBERLAND COUNTY, : PENNSYLVANIA VS. : CIVIL ACTION HEIDI E. EBERSOLE, : NO. 2007- 5617 Civil Term Defendant : IN DIVORCE N O T I C E T O D E F E N D 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: Office of the Prothonotary Cumberland County Court House 1 Courthouse Square Carlisle, Pennsylvania 17013-3387 IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY, LAWYER'S FEES OR EXPENSES BEFORE A DIVORCE OR ANNULMENT IS GRANTED, YOU MAY LOSE THE RIGHT TO CLAIM ANY OF THEM. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE PA 17013 717-249-3166 JEFFREY S. EBERSOLE, Plaintiff VS. HEIDI E. EBERSOLE, Defendant : IN THE COURT OF COMMON PLEAS : OF CUMBERLAND COUNTY, : PENNSYLVANIA : CIVIL ACTION : NO. 2007- 5617 Civil Term : IN DIVORCE ANSWER AND NOW COMES the Defendant, Heidi E. Ebersole, by her attorney, Mary A. Etter Dissinger, files the following Answer and respectfully represents that: 1. ADMITTED. 2. ADMITTED. 3. ADMITTED. 4. DENIED. The parties were married on May 30, 1981 in Cumberland County, Pennsylvania. 5. ADMITTED. 6. DENIED. Defendant is without sufficient information to aver or deny the allegation set forth in paragraph 6 and therefore same are denied and proof demanded at time of hearing. Wherefore, Defendant requests the Court grant a divorce to the parties. Plaintiff/Counter-Defendant is directed to answer the following counterclaim within twenty (20) days, or suffer possible default. ' • COUNTERCLAIM Defendant/Counter-Plaintiff avers by way of counterclaim: COUNT I Request for Equitable Distribution of Marital Property Under 3104 and 3502(a) of the Divorce Code 7. The prior paragraphs of this Answer are incorporated herein by reference thereto. 8. Plaintiff/Counter-Defendant and Defendant/Counter-Plaintiff have acquired property, both real and personal during their marriage from the date of said marriage until the date of their separation. 9. Plaintiff/Counter-Defendant and Defendant/Counter-Plaintiff have been unable to agree as to an equitable distribution of said property. Defendant/Counter-Plaintiff requests the court to equitably distribute the property. COUNT II Request for Alimony Pendente Lite and Alimony under 3104, 3701, 3702 and 3704 of the Divorce Code 10. The prior paragraphs of this Answer are incorporated herein by reference thereto. 11. Defendant/Counter-Plaintiff is unable to sustain herself during the course of litigation. 12. Defendant/Counter-Plaintiff lacks sufficient property to provide for her reasonable needs and is unable to sustain herself through appropriate employment. 13. Defendant/Counter-Plaintiff requests the Court to enter an award of alimony pendente lite until final hearing and thereupon to enter an Order of alimony in her favor, pursuant to 3104, 3701, 3702 and 3704 of the Divorce Code. COUNT III Request for Counsel Fees, Costs and Expenses Under 3104 and 3502(a) of the Divorce Code 14. The prior paragraphs of this Answer are incorporated herein by reference thereto. 15. Defendant/Counter-Plaintiff has employed Mary A. Etter Dissinger, Esquire, of the law firm of Dissinger and Dissinger to represent her in this matrimonial cause. 16. Defendant/Counter-Plaintiff is unable to pay the necessary counsel fees, costs, and expenses and Plaintiff/Counter-Defendant is more than able to pay them. Reserving the right to apply to the Court for temporary counsel fees, costs and expenses, prior to final hearing, Defendant/ Counter-Plaintiff requests that, after final hearing, the Court order Plaintiff/Counter-Defendant to pay Defendant/ Counter-Plaintiff's reasonable counsel fees, costs and expenses. WHEREFORE, Defendant/Counter-Plaintiff demands: That Plaintiff/Counter-Defendant's Complaint be dismissed. 1. That an Order be entered distributing all of the property, real and personal, as the Court may deem equitable and just, plus costs; 2. That the Court enter an award of alimony pendente lite until final hearing and thereupon to enter an Order of alimony in her favor, pursuant to 3104, 3701, 3702 and 3704 of the Divorce Code, and 3. That pursuant to 3104 and 3502(a) of the Divorce Code, the Court enter an Order directing Plaintiff/Counter- Defendant to pay Defendant/Counter-Plaintiff's reasonable counsel fees, costs and expenses. Respectfully Submitted: DISSINGER AND DISSINGER By: Mary A. Etter Dissinger Attorney for Defendant Supreme Court ID # 27736 400 S. State Road Marysville, PA 17053 (717)957-3474 - voice (717)957-2316 - fax VERIFICATION I, Heidi E. Ebersole, verify that the statements made in the foregoing Answer and Counterclaim 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. M.4? i mo? Heidi E. Ebersole % t 0 • • JEFFREY S. EBERSOLE, : IN THE COURT OF COMMON PLEAS Plaintiff : OF CUMBERLAND COUNTY, : PENNSYLVANIA VS. : CIVIL ACTION HEIDI E. EBERSOLE, : NO. 2007- 5617 Civil Term Defendant : IN DIVORCE CERTIFICATE OF SERVICE I, Mary A. Etter Dissinger, do hereby certify that a copy of the foregoing Answer and Counterclaim has been duly served upon Nathan Wolf, Esquire, attorney for Plaintiff, by depositing same in the United States Mail, postage prepaid, addressed as follows: Nathan C. Wolf, Esquire 10 West High Street Carlisle, PA 17013 Date: d Mary A. tter Dissinger Attorney for Defendant ?"°^* ?.. ? J ?N ?.. -?. ?.,~ ??? ?, ??? t?? ? `' ?:. _ir? • NATHAN C. WOLF, ESQUIRE ATTORNEY ID NO. 97380 10 WEST HIGH STREET CARLISLE PA 17013 (717) 241-4436 ATTORNEY FOR PLAINTIFF JEFFREY S. EBERSOLE, Plaintiff V. : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW HEIDI E. EBERSOLE, : NO. 2007 - 5-6 t:7 CIVIL TERM Defendant : IN DIVORCE ACCEPTANCE OF SERVICE I, HEIDI E. EBERSOLE, certify that I am the defendant in this matter. Furthermore, I hereby certify that on ?a7 2007, I received a certified copy of the divorce complaint filed in this action. /0 , 2007 cL HEIDI E. EBERSOLE Defendant r- MOTHCNtOTARY 2099 DEC 16 Pit 1: 35 Cum", JEFFREY S. EBERSOLE, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : CIVIL ACTION - LAW HEIDI E. EBERSOLE, : NO. 2007 - 5617 CIVIL TERM Defendant : IN DIVORCE PLAINTIFF'S AFFIDAVIT OF CONSENT A complaint in divorce under Section 3301(c) of the Divorce Code was filed in this matter on or about September 25, 2007 and served upon defendant on September 27, 2007 (see affidavit of service filed December 16, 2009). 2. The marriage of plaintiff and defendant is irretrievably broken and more than ninety days have elapsed from the date of the service of the complaint. I consent to the entry of a final decree in divorce after service of notice of intention to request entry of the divorce. I verify that the statements made in this affidavit are true and correct. I understand that false statements herein made are subject to the penalties of 18 Pa. C. S. Section 4904 relating to unsworn falsification to authorities. pf un &? .? , 2009 J JEFFREY S. EBERSOLE KH DEC 23 Pig 2: 59 JEFFREY S. EBERSOLE, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : CIVIL ACTION - LAW HEIDI E. EBERSOLE, : NO. 2007 - 5617 CIVIL TERM Defendant : IN DIVORCE WAIVER OF N OTICE OF INTENTION TO REQUEST EN TR Y OF A D IVORCE DECREE UNDER SEC TI ON 3301( C) OF THE DIVOR CE CODE 1. I consent to the entry of a final decree of divorce without notice. 2. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if I do not claim them before a divorce is granted. I understand that I will not be divorced until a divorce decree is entered by the Court and that a copy of the decree will be sent to me immediately after it is filed with the Prothonotary. I verify that the statements made in this affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904 relating to unsworn falsification to authorities. ,?i?C?anB?+L , 2009 v JEFFREY S. EBERSOLE QY 2 2: 5) 9 JEFFREY S. EBERSOLE, Plaintiff V. HEIDI E. EBERSOLE, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW : NO. 2007 - 5617 CIVIL TERM : IN DIVORCE DEFENDANT'S AFFIDAVIT OF CONSENT A complaint in divorce under Section 3301(c) of the Divorce Code was filed in this matter on or about September 25, 2007 and served upon defendant on September 27, 2007 (see affidavit of service filed December 16, 2009). 2. The marriage of plaintiff and defendant is irretrievably broken and more than ninety days have elapsed from the date of the service of the complaint. I consent to the entry of a final decree in divorce after service of notice of intention to request entry of the divorce. I verify that the statements made in this affidavit are true and correct. I understand that false statements herein made are subject to the penalties of 18 Pa. C. S. Section 4904 relating to unsworn falsification to authorities. 2009 ' Z- !! A K-?? HEIDI E. EBERSOLE 7059 GE Cl 23 F 2: 5 `) IT\ . JEFFREY S. EBERSOLE, Plaintiff V. HEIDI E. EBERSOLE, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW : NO. 2007 - 5617 CIVIL TERM : IN DIVORCE I consent to the entry of a final decree of divorce without notice. 2. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if I do not claim them before a divorce is granted. 3. I understand that I will not be divorced until a divorce decree is entered by the Court and that a copy of the decree will be sent to me immediately after it is filed with the Prothonotary. I verify that the statements made in this affidavit are true and correct. 1 understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904 relating to unsworn falsification to authorities. 2009 ? - V. 1.? HEIDI E. EBERSOLE ?, .??, n . ... --? . ? , ? .,, , MARRIAGE SETTLEMENT AGREEMENT This Agreement made this 23 day of PeLfo&k-- 2009, by and between HEIDI E. EBERSOLE, who resides at 457 Meadows Road, Newville, Cumberland County, PA 17241, hereinafter referred to as "Wife", AND JEFFREY S. EBERSOLE, who resides at 125 Central Way, Shippensburg, Franklin County, Pennsylvania, 17257, hereinafter referred to as "Husband". WITNESSETH: WHEREAS, Husband and Wife were lawfully joined in marriage on May 30, 1981, in Newville, Pennsylvania but differences have arisen between them in consequence of which they are living separate and apart from each other; and WHEREAS, diverse, unhappy differences, disputes and difficulties have arisen between the parties and it is the intention of HUSBAND and WIFE to live separate and apart for the rest of their natural lives, 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 claims and possible claims by one against the other or against their respective estates and equitable distribution of property and alimony for each party. NOW, THEREFORE, in consideration of the promises and the mutual promises, covenants and undertakings hereinafter set forth and for other 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: 1. 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 continue to live apart from each other. 2. The parties have attempted to divide their matrimonial property in a manner that conforms to a just and right standard, with due regard to the rights of each party. It is the intention of the parties that such division shall be final and shall forever determine their respective rights. The division of existing marital property is not intended by the parties to constitute in any way a sale or exchange of assets. 3. Further, the parties agree to continue living separately and apart from each other at any place or places that he or she may select. Neither party shall 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 without interference from the other party. Neither party shall contact the other at their place of employment except in legitimate emergency situations. Neither party shall interfere with the uses, ownership, enjoyment or disposition of any property now owned and not specified herein or property hereafter acquired by the other. 4. The consideration for this contract and agreement is 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. 5. SEPARATION: The parties hereby acknowledge that they separated on April 30, 2007, and that they agree to live separate free from the marital authority and control of the other fully as if single and unmarried. Neither party shall molest, malign or interfere with the other, nor compel or attempt to compel the other to live with him or her by any means whatsoever. Each may live wherever he or she may see fit, subject only to the provisions of this Agreement. 6. DEBTS: It is further mutually agreed by and between the parties that the debts be paid as follows: A. The parties acknowledge that HUSBAND has refinanced the parties' joint line of credit in his sole name and has assumed full liability therefore. Moreover HUSBAND shall assume all liability for and pay and indemnify the WIFE against any of his individual debts and all household utility accounts. B. The WIFE shall assume all liability for and pay and indemnify the HUSBAND against any of her individual debts and household utility accounts, including any credit card debts and any outstanding debts secured against her Volkswagen Jetta automobile. C. The parties agree that they have no other joint obligations. 7. Except as herein provided, the parties agree that they have previously divided their personal property to their mutual satisfaction. No payment shall be made by either party to the other as a result of the division of property contained herein. The parties agree that this division is fair and equitable, and is voluntary and made without duress by or upon either party. The parties further agree that henceforth, each of the parties shall own, have and enjoy independently of any claim or right of the other party, all items of personal property of every kind, nature and description and wherever situated, which are now owned or held by or which may hereafter belong to the HUSBAND or WIFE, with full power to the HUSBAND or the WIFE to dispose of same as fully and effectually, in all respects and for all purposes as if he or she were unmarried. The following division of specific items of personal and real property will be equitably distributed as follows: A. REAL ESTATE: The parties acknowledge that HUSBAND has relinquished all right, title, and obligation to WIFE pertaining to the marital residence, known as 457 Meadows Road, Newville, Cumberland County, Pennsylvania, by deed executed by the parties and recorded in the Office of the Recorder of Deeds of Cumberland County, Pennsylvania. The parties acknowledge that they have conveyed their interest in real property known as the "garage property" by way of execution of a deed of special warranty to James and Barbara Katora, on December 17, 2009. The parties have executed any and all documents necessary for the conveyance of the property in accordance with the agreement of sale dated November 9, 2009. The parties agree that the proceeds of the transaction shall be distributed as follows: WIFE shall receive the sum of $110,200 of net proceeds from the sale of the "garage property". HUSBAND shall receive the sum of $13,791, including reimbursement of pre-paid property taxes from the sale of the "garage property." The parties acknowledge that deed preparation fees and real estate transfer taxes have been paid from settlement proceeds. HUSBAND shall be responsible for the payment of any capital gains taxes associated with the sale of the "garage property" and shall indemnify WIFE against the same. B. PERSONAL PROPERTY: 1.) Motor Vehicles - The WIFE hereby releases to HUSBAND the 1995 Chevrolet Tahoe and WIFE shall cooperate in the execution of any documents required to have her name removed from the vehicle title. HUSBAND hereby releases to WIFE the parties' 2004 Volkswagen Jetta, and HUSBAND shall be released from any outstanding obligation associated with said vehicle as of the execution of this agreement. The parties acknowledge HUSBAND has received the proceeds from the sale of a motorcycle previously conveyed to a third party. 2.) Bank Accounts, Investment Funds and Stocks - HUSBAND and WIFE agree to the distribution of funds from the parties' joint accounts to HUSBAND and WIFE's retention of all funds in her individual checking and savings accounts. HUSBAND shall retain all of his stock in Orrstown Bank and his entire share in the JLG investment club. 3.) Pension and Retirement Accounts - HUSBAND and WIFE agree that HUSBAND shall retain his pension account earned during his employment with the United States Postal Service in its entirety. HUSBAND shall also retain his Thrift Savings Plan accrued in connection with his employment with the United States Postal Service in its entirety. WIFE shall retain her pension fund earned in connection with her employment with the Carlisle Regional Medical Center its entirety. WIFE shall receive her entire account held with Lincoln Life. WIFE shall also receive her entire IRA account held with Legg Mason. The parties agree that WIFE will receive from HUSBAND an IRA account held with American Funds in its entirety and the parties will cooperate in the execution of any documents necessary to effectuate that transfer. In the event a QDRO is necessary, the parties agree to share the costs associated therewith. 4.) Other Personal Property - The parties agree that they have equitably divided all of their furniture, household goods, appliances and personal belongings to their mutual satisfaction and each release to the other all such personal property as they will mutually agree. WIFE will retain the wagon, the riding lawn mower, and the four-wheeler and any other household goods not explicitly set forth in this agreement. HUSBAND will retain the tractor and his power tools. Notwithstanding the foregoing, WIFE will return to HUSBAND a regulator clock and a cast iron cooking kettle upon execution of the instant agreement. 8. INCOME TAX RETURNS: In 2009 and in subsequent years, the parties shall file separate federal, state and local income tax returns and shall be responsible for the payment of their individual tax obligations and each party shall be entitled to keep their tax refund. The parties acknowledge that pursuant to paragraph 7(A) herein, HUSBAND shall be responsible for the payment of any capital gains associated with the sale of the garage property and shall indemnify WIFE for the same. 9. SPOUSAL SUPPORT AND ALIMONY: HUSBAND and WIFE agree that by virtue of this agreement they each waive any claim against the other for spousal support, alimony pendente lite, or alimony. 10. BREACH: In the event of the breach of this agreement by either party, and the unreasonable failure of either party to remedy such breach after thirty days written notice to the breaching party, the nonbreaching party shall have the right to seek monetary damages for such breach, where such damages are ascertainable, and/or to seek specific performance of the terms of this agreement, where such damages are not ascertainable. All costs, expenses and reasonable attorney fees incurred by the successful party in any litigation to obtain monetary damages and/or specific performance of this agreement shall be recoverable as part of the judgment entered by the court. 11. ADDITIONAL INSTRUMENTS: Each of the parties 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 provisions of this agreement. 12. VOLUNTARY EXECUTION: The provisions of this agreement and their legal effect have been fully explained to the parties and its provisions are fully understood. Both parties agree that they are executing this agreement freely and voluntarily. Both parties have had adequate opportunity to review this agreement with independent legal counsel and have either done so or voluntarily chosen not to do so. HUSBAND's attorney is Nathan C. Wolf, Esquire and WIFE's attorney is Mary A. Dissinger. 13. FINALIZATION OF DIVORCE AND INCORPORATION: The parties agree that they will execute Affidavits of Consent and Waivers of Notice of Intention to Seek a Divorce Decree and HUSBAND's counsel shall prepare and file a Praecipe to Transmit the Record with Proposed Decrees in Divorce at Docket 2007-5617 which shall incorporate but not merge the foregoing Marital Settlement Agreement therein. 14. ENTIRE AGREEMENT: This agreement contains the entire understanding of the parties and there are no representations, warranties, covenants or undertakings other than those expressly set forth herein. 15. APPLICABLE LAW: This agreement shall be construed under the laws of the Commonwealth of Pennsylvania. 16. PRIOR AGREEMENTS: It is understood and agreed that any and all property settlement agreements which may or have been executed or verbally discussed prior to the date and time of this agreement are null and void and of no effect. 17. WAIVER OF CLAIMS AGAINST THE ESTATES: Except as otherwise provided herein, each party may dispose of his or her property in any way, and each party hereby waives and relinquishes any and all rights he or she may now have or hereafter acquire, under the present or future laws of any jurisdiction, to share in the property or the estate of the other as a result of the marital relationship, including without limitation, dower, curtesy, statutory allowance, widow's allowance, right to take in intestacy, right to take against the Will of the other, and right to act as administrator or executor of the other's estate, and each will, at the request of the other, execute, acknowledge and deliver any and all instruments which may be necessary or advisable to carry into effect this mutual waiver and relinquishment of all such interests, rights and claims. IN WITNESS WHEREOF, the parties have hereunto set their hands and seals the day and year first above written. WITNESS: HEIDI E. EBERSOLE J' JEFFREY S. EBERSOLE COMMONWEALTH OF PENNSYLVANIA COUNTY OF &/-VIA :SS: On this, the a 151'- day of C Mbar , 2009, before me a Notary Public, in and for the Commonwealth of Pennsylvania and County of , personally appeared HEIDI E. EBERSOLE, 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. fq-?R irns"?I hereunto set my hand and official seal. NOTARIAL SEAL DANIELLE R VAN HORN Notary Public MARYSVILLE BOROUGH, PERRY COUNTY My Commission Expires Mar 31, 2013 O 4'.' PUBLIC COMMONWEALTH OF PENNSYLVANIA :SS: COUNTY OF CUMBERLAND On this, the 7-3 day of, 2009, before me a Notary Public, in and for the Commonwealth of Pennsylvania and County of Cumberland, personally appeared JEFFREY S. EBERSOLE, 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. IN WITNESS WHEREOF, I have hereunto set my hand and of cial seal. COMMONWEALTH OF PENNSYLVANIA Notarial Seal NOT LIC Nathan C. Wolf, Notary Public Carlisle Boro, Cumberland County My Commission Expires April 19, 2012 Member, Pennsylvania Association of Notaries tuu9 L 1. e t`l f. t' NATHAN C. WOLF, ESQUIRE ATTORNEY ID NO. 87380 10 WEST HIGH STREET CARLISLE PA 17013 (717) 241-4436 ATTORNEY FOR PLAINTIFF JEFFREY S. EBERSOLE, Plaintiff V. HEIDI E. EBERSOLE, Defendant : IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW : NO. 2007 - 5617 CIVIL TERM : IN DIVORCE PRAECIPE TO TRANSMIT RECORD To the Prothonotary: Transmit the record, together with the following information, to the court for entry of a divorce decree: 1. Ground for divorce: Irretrievable breakdown under Section 3301(c) of the Divorce Code. 2. Date and manner of service of the complaint: On or about September 27, 2007, defendant was served with a copy of the divorce complaint via regular mail. (See Acceptance of Service previously filed, December 16, 2009.) 3. Complete either paragraph (a) or (b): (a) Date of execution of consent required by Section 3301(c) of the Divorce Code: By the plaintiff: December 23, 2009 By the defendant: December 21, 2009 (b)(1) Date of execution of the affidavit required by Section 3301(d) of the Divorce Code: N/A. (b)(2) Date of filing and service of the plaintiff's affidavit upon the defendant: N/A. 4. Related claims pending: None 5. Complete either (a) or (b): (a) Date and manner of service of the notice of intention to file praecipe to transmit record, a copy of which is attached: N/A. (b) Date plaintiffs Waiver of Notice in Section 3301(c) divorce was filed with the Prothonotary: December 23, 2009 Date defendant's Waiver of Notice in Section 3301(c) divorce was filed with the Prothonotary: December 23, 2009 December 4:i' 2009 C. WOLF ey for Plaintiff •?, 't f ? ,? L t"J .. StiJ ?j ((? yf I?tJ!'? ? t f ?t :. t ,,fit } 4 JEFFREY S. EBERSOLE V. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA HEIDI E. EBERSOLE NO 2007-5617 DIVORCE DECREE AND NOW, 1b. ezr?L) 2-?, ?, it is ordered and decreed that JEFFREY S. EBERSOLE plaintiff, and HEIDI E. EBERSOLE , defendant, are divorced from the bonds of matrimony. Any existing spousal support order shall hereafter be deemed an order for alimony pendente lite if any economic claims remain pending. The court retains jurisdiction of any claims raised by the parties to this action for which a final order has not yet been entered. Those claims are as follows: (If no claims remain indicate "None.") The marital settlement agreement executed December 23, 2009 is incorporated but not merged into the instant decree. By the Court, honotary is •30' 09 Cud 4W ?a .3D lXi ?i?o?` a