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HomeMy WebLinkAbout03-5535CARON O'NEIL Plaintiff MARK O'NEIL Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA .. : CIVIL ACTION - LAW : IN DIVORCE/CUSTODY 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 marriage, you may request marriage counseling. A list of marriage counselors is available in the office of the Prothonotary, Cumberland County Courthouse, Carlisle, PA. IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY, LAWYER'S FEES, OR EXPENSES BEFORE A DIVORCE OR ANNULMENT IS GRANTED, YOU MAY LOSE THE RIGHT TO CLAIM ANY OF THEM. YOU SHOULD TAKE THIS PAPER TO 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 Associatio/~ Carlisle, PA 17013 (717) 249-3166 NOTICIA Le han demandado a usted en la corte. Si usted quiere defenderse de estas demandas expuestas en las paginas siguientes, usted tiene viente (20) dias de plazo al partir de la fecha de la demanda y la notificacion. Usted debe presentar una apariencia escrita o en persona o por abogado y archivar en la corte en forma escrita sus defensas o sus objeciones a las demandas en contra de su persona. Sea avisado que si usted no se defiende, la corte tomara medidas y puede entrar una orden contra usted sin previo aviso o notificacion y pot cualquier queja o alivio que es pedido en la peticion do demanda. Usted puede perder dinero o sus propiedades o otros derechos importanates para usted. LLEVE ESTA DEMANDA A UN ABODAGO INMEDIATAMENTE. SI NO TIENE ABOGADO O SI NO TIENE EL DINERO SUFICIENTE DE PAGAR TAL SERVICIO, VAYA EN PERSONA O LLAME POR TELFONO A LA OFICINA CUYA DIRECCION SE ENCUENTRA ESCRITA ABAJO PARA AVERIGUAR DONDE SE PUEDE CONSEGUIR ASISTENCIA LEGAL. Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 (717) 249-3166 AMERICANS WITH DISABILITIES ACT OF 1990 The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilities Act of 1990. For information about assessable facilities and reasonable accommodations available to disable individuals having business before the Court, please contact our office. All arrangements must be made at least 72 hours prior to any hearing or business before the Court. You must attend the scheduled conference or hearing. Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 (717) 249-3166 CARON O'NEIL Plaintiff MARK O'NEIL Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA .. : No. YY " : : CIVIL ACTION - LAW : IN DIVORCE/CUSTODY COMPLAINT IN DIVORCE UNDER SECTION 3301(c) OR SECTION 3301(d) OF THE DIVORCE CODE AND NOW comes the above Plaintiff, CARON O'NEIL, by and through her attorney, Patricia J. Romano, Esquire, and seeks to obtain a decree in divorce from the above-named Defendant, upon the grounds hereinafter set forth: 1. The Plaintiff, Caron O'Neil, is an adult individual who resides at 322 Berkshire Road, Mechanicsburg, Cumberland County, Pennsylvania, 17055 2. The Defendant, Mark O'Neil, is an adult individual who resides at 322 Berkshire Road, Mcchanicsburg, Cumberland County, Pennsylvania, 17055 3. Thc Plaintiff has been a bona fide resident of the Commonwealth of Pennsylvania for at least six (6) months immediately prior to the filing of this Complaint. 5. 6. 7. The Plaintiff and Defendant were married on 5/10/80. Plaintiff avers that there is one minor child and one major child to the parties. The Plaintiff and Defendant are both citizens of the United States of America. There have been no prior actions in divorce between the parties. 8. The Plaintiff and Defendant are not members of the Armed Services of the United States or any of its allies. 9. Plaintiff has been advised of the availability of counseling and that she may have the right to request that the Court require the parties to participate in counseling. 10. The causes of action and sections of Divorce Code under which Plaintiff is proceeding are: A. Section 3301(c). The marriage of the parties is irretrievably broken. After ninety (90) days have elapsed from the date of the service of this Complaint, Plaintiff intends to file an Affidavit consenting to a divorce. Plaintiff believes that Defendant may also file such an Affidavit. B. Section 3301(d). The marriage of the parties is irretrievably broken. The Plaintiff and Defendant separated on 10/15/03. COUNT I CLAIM FOR EQUITABLE DISTRIBUTION OF MARITAL PROPERTY UNDER SECTION 3502 OF THE DIVORCE CODE 11. Plaintiff hereby incorporates by reference all of the averments contained in paragraphs 1 through 10 of this Complaint, 12. Plaintiff and Defendant are the owners of real estate, motor vehicles, bank accounts, insurance policies, pensions, retirement benefits and other personal property acquired during the marriage which is subject to equitable distribution by this Court. 13. Plaintiff and Defendant have been unable to agree as to an equitable division of said property as of the date of the filing of this Complaint. 14. Plaintiff requests this Court to equitably distribute the parties'marital property. COUNT II CUSTODY 15. Plaintiff hereby incorporates by reference all of the averments contained in paragraphs 1 through 14 of this Complaint. 16. Plaintiff seeks primary physical custody of the following child: 17. The best interest and permanent welfare of the child will be served by granting the relief requested because: a. The Plaintiff has been the primary care giver of the child and has provided the child with consistent and loving care. b. Plaintiff is willing and able to continue to provide proper care and supervision to the child. c. Plaintiff can provide a stable and loving environment to the child. 18. The minor child has resided at 322 Berkshire Road, Mechanicsburg, Cumberland County, Pennsylvania with the Plaintiff and Defendant since 1992. Name Date of Birth .&ge_ Bryan A. O'Neil 10/5/88 15 19. Plaintiff has not participated as a party or witness or in another capacity in other litigation concerning the custody of the child in this or another Court, nor does she know of a person nor a party to the proceedings who has physical custody of the child or claims to have custody or visitation rights with the child. 20. The Plaintiff requests that a reasonable visitation schedule be set up regarding visitation of the parties' minor child by Defendant. WHEREFORE, Plaintiff respectfully requests this Honorable Court to enter a Decree: ao go dissolving the marriage between the Plaintiff and Defendant; and equitably distributing all property owned by the parties hereto; and to grant primary physical custody of the parties minor child to the Plaintiff with liberal partial physical custody to the Defendant; and for such further relief ak the Court may determine to be equitable and just. Dated: Respectfully Submitted~ 4711 Locust La~ Harrisburg, PA ~17109 (717) 657-0632 Id. No. 88161 CARON O~NEIL, Plaintiff MARK O~NEIL, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. CIVIL ACTION - LAW IN DIVORCE VERIFICATION Upon my personal knowledge, information, and belief, I, Caron O"Neil, hereby verify that the facts averred and statements made in the foregoing are true and correct. I understand that false statements or averments therein made will subject me to the criminal penalties of 18 Pa.C.S. Section 4904 relating to unsworn falsification to authorities. Date: Caron O'Neil CARON O'NEIL Plaintiff MARK O'NEIL Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 03~ : : CIVIL ACTION - LAW : IN DIVORCE/CUSTODY AFFIDAVIT OF CONSENT A~ND WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER §3301(c) OF THE DIVORCE CODE 10/20/03. 2. A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed on 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 divome without formal notice of the intention to request entry of a Divorce Decree. 4. I understand that I may lose fights conceming aliraony, division of property, lawyer's fees or expenses ifI 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 afler it is filed with the Prothonotary. I verify that the statements made in this Affidavit are tree and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S.A. Section 4904 relating to unswom falsification to authorities. Date~ Mark O'Neil CARON O'NEIL Plaintiff MARK O'NEIL Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 03- : : CIVIL ACTION - LAW : IN DIVORCE/CUSTODY AFFIDAVIT OF CONSENT AND WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER §3301(c) OF THE DIVORCE CODE 10/20/03. 2. A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed on 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 divome without formal notice of the intention to request entry of a Divorce Decree. 4. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses ifI 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.A. Section 4904 relating to unsworn falsification to authorities. Caron O'Neil MARRIAGE SETTLEMENT AGREEMENT THIS AGREEMENT is made and entered into between MARK O'NEIL and CARON O'NEIL, hereinafter referred to as Husband and Wife. The parties were married on May 10, 1980, and there are two children bom of their marriage, to wit, COREY JOHN O'NEIL born January 16, 1982, and BRYAN ATWOOD O'NEIL born October 5, 1988. Only Bryan is a minor. As a consequence of disputes and unhappy differertces, the parties have separated. The parties desire to confirm their separation and make arrangements in connection therewith, including the settlement of their property rights, custody, support, and all other rights and obligations arising out o£the marriage relationship. It is therefore agreed: 1. CONSIDERATION The consideration for this Agreement is the mutual promises and agreement herein contained. 2. SEPARATION AND NONINTERFERENCE A. It will be lawful for each party at all time~ hereafter to live separate and apart from the other party at such place or places as he or she may from time to time choose or deem fit. B. 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 bother the other or compel or endeavor to compel the other to cohabit or dwell with him or her. 3. MUTUAL RELEASE 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. 4. FULL DISCLOSURE The provisions of this Agreement and their legal effect are fully understood by each party to this Agreement, and each party acknowledge:s that the Agreement is fair and equitable, that it is being entered into voluntarily, and that it is not the result of any duress or undue influence. Husband and Wife each represent and. warrant to the other that he or she has made a full and complete disclosure to the other of all assets of any nature whatsoever in which such party has an interest, of the sources and amount of the income of such party of every type whatsoever, and of all other facts relating to the subject matter of this agreement. Wife represents that she was represented by Patricia J. Romano, Esq. in reaching this Agreement, and Husband represents that he was not represented by counsel even though he was advised to do so. Wife represents that the terms of this Agreement have been fully explained to her by her counsel. 5. EOUITABLE DIVISIOiN By this Agreement, the parties have intended to effect an equitable division of their marital property. This division is not intended by the pa~rties to constitute in any way a sale or exchange of assets. 6. SUBSEQUENT DIVORCE A. AGREEMENT NOT PREDICATED ON ]DIVORCE - It is specifically understood and 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 not predicated upon nor made subject to any agreement for institution, prosecution, defense, or for the non-prosecution or non-defense of any action for divorce; provided, however, that 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, or from making any just or proper defense thereto. 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. Husband and Wife each knowingly and understandingly hereby waives any and all possible claims that this Agreement is, for any reason, illegal or for any reason whatsoever, unenforceable in whole or in part. Husband and Wife each do hereby 3 warrant, covenant and agree that, in any possible 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. B. ENTRY AS PART OF DECREE - It is the intention of the parties that the Agreement shall survive any action for divome which may be instituted or prosecuted by either party and no order, judgment or decree of divorce, temporary, final or permanent, shall affect or modify the financial terms of this Agreernent. This Agreement shall be incorporated in but shall not merge into any such judgment or decree of final divorce, but shall be incorporated for the purposes of enforcement only. C. MUTUAL CONSENT DIVORCE - The parties agree and acknowledge that their marriage is irretrievably broken, that they do not desire marital counseling, and that they both consent to the entry of a decree in divome pm'suant to 23 Pa.C.S.A. Section 3301(C). Accordingly, both parties agree to forthwith execute such consents, affidavits, or other documents and to direct their respective attorneys to forthwith file such consents, affidavits, or other documents as may be necessary to promptly proceed to obtain a divorce pursuant to said 23 Pa.C.S.A. Section 3301(C). Upon request, to the extent permitted by law and the applicable Rules of Civil Procedure, the named defendant in such divorce action shall execute any waivers of notice or other waivers necessary to expedite such divorce. 4 7. DIVISION OF PERSONAL PROPERTY Wife agrees that all of the personal property in the possession of Husband shall be the sole and separate property of Husband; and Husband agrees that all of the personal property in the possession of Wife shall be the sole and separate property of Wife. The parties do hereby specifically waive, release, renounce and forever abandon whatever claims, if any, he or she may have with respect to the above items which shall become the sole and separate property of the other. 8. DIVISION OF MOTOR VEHICLES With respect to the motor vehicles owned by one or both of the parties, they agree as follows: Husband: 1999 Hyundai Wife: 1998 Buick The titles to the said motor vehicles were executedL by the parties on January 14, 2004, effectuating transfer as herein provided. 9. DISPOSITION OF PROPERTY From and after the date of the signing of this Agr¢:ement, both parties shall have complete freedom of disposition as to his/her separate property and any 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. 10. DIVISION OF REAL PROPERTY Husband and Wife hereby agree and acknowledge that they own certain real property located at 322 Berkshire Rd., Mechanicsburg, Pennsylvania, as tenants by the entireties. The parties hereby agree that on the date of separation, October 15, 2003, the equity in said real property was $37,800. By January 1, 2,008, Wife shall pay half of the $37,800 equity value or $18,900 to Husband as his share of the equity for purposes of equitable distribution.. The parties acknowledge that there is an existing mortgage against this property held by Countrywide Financial in the amount of approximately $79,000.00. Wife agrees to assume responsibility for refinancing the mortgage in her name alone. Until refinancing is accomplished, Wife will assume responsibility for paying the existing mortgage, as well as home insurance, real estate taxes, and all utility bills. In exchange for the above, Husband agrees to execute a quit claim deed, giving sole possession of the real property to Wife. 6 11. PAYMENT OF SPECIFIED OBLIGATIONS The parties agree that other than the mortgage and ongoing costs associated with maintaining the real property for which Wife will be responsible, there are no outstanding joint marital obligations which need to be paid. 12. LEGAL FEES Each party shall pay his or her own attorneys fees. 13. ALIMONY 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 settlement and satisfaction of any claims or demands that either may now or hereafter have against the other for 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 support, maintenance, alimony pendente lite or alimony. 14. PENSION PROGRAM Husband, or his estate, shall receive fifty (50%) percent of the marital portion of Wife's retirement plan with the Commonwealth of Pennsylvania. The marital portion was appraised at $165,036.63 as of 11/22/03. Wife shall pre. pare the appropriate Qualified 7 Domestic Relations Order (QDRO), submit it to the Plan Administrator for approval and have it entered as an Order of Court. 15. MISCELLANEOUS All assets including, but not limited to, savings accounts, checking accounts, certificates of deposit and life insurance policies shall be the sole and separate property of the title holder of said asset. The parties believe and agree, and have been so advised, that the division of property heretofore made by this Agreement is a non-taxable division of property between co-owners rather than a taxable sale or exchange of such property. Each party promises not to take any position with respect to the adjusted basis of the property assigned to him or her or with respect to any other issue which is inconsistent with the position set forth in the preceding sentence on his or her federal or state income tax returns. The parties have heretofore filed joint federal and state 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 8 who is finally determined to be the cause of the misrepresentations or failures to disclose the nature and extent of his or her separate income on the aforesaid joint returns. 16. CHILDREN A. CUSTODY AND VISITATION - The partiies shall share legal custody of Bryan Atwood O'Neil. Wife shall have primary physical custody and Bryan shall reside with Wife. Wife shall provide Husband with information concerning Bryan's health, education and welfare on a regular basis and shall encourage Husband to join in the decision making process as to Bryan's schooling, medical care and other important issues associated with their lives. Father shall be afforded liberal periods of partial physical custody on a schedule mutually agreed to by the parties. B. BEST INTEREST OF CHILD - The parties shall exert every reasonable effort to maintain free access and unhampered contact between the child and each of the parties, and to foster a feeling of affection between the child and the other party. Neither party shall do anything which may estrange the child from the other party, or injure the child's opinion as to his mother or father, or which may hamper the free and natural development of the child's love and respect for the other party. 9 17. CHILD SUPPORT Child support shall be paid by Husband to Wife at the rate of $348.00 per month, or $162.00 bi-weekly. Wife shall be entitled to claim Bryan on tax returns for 2004 and for all future years. 18. HEALTH INSURANCE - CHILDREN Wife agrees to provide health insurance for Bryan tmtil he is emancipated, as long as it is available to her at no or minimal cost by her employer. If said insurance becomes unavailable to Wife, and Husband has entitlement to insurance which can be provided to him at no or minimal cost, said insurance will be furnished by Husband. Extraordinary Medical Expenses - All extraordinary medical expenses (those not covered by insurance) for Bryan after Mother satisfies the first $250 deductible each year, shall be split equally by Husband and Wife until Bryan is emancipated. Husband agrees to reimburse these expenses to Wife on a quarterly basis upon Wife supplying to Husband proof of said expenses. 19. GENERAL PROVISIONS A. WARRANTY AS TO EXISTING OBLIGATIONS - Each party represents that they have not heretofore incurred or contracted for arty debt or liability or obligation for which the estate of the other party may be responsible or liable except as may be provided for in this Agreement. Each party agrees to indemnify or hold the other party 10 harmless from and against any and all such debts, liabilities, or obligations of every kind which may have heretofore been incurred by them, including those for necessities, except for the obligations arising out of this Agreement. B. WARRANTY AS TO FUTURE OBLIGATIONS - Wife and Husband each covenant, warrant, represent and agree that each will now and at all times hereafter save harmless and keep the other indemnified from all debts, charges, and liabilities incurred by the other after the execution date of this Agreement, except as may be otherwise specifically provided for by the terms of this Agreement and that neither of them shall hereafter incur any liability whatsoever for which the estate of the other may be liable. C. SEVERABILITY - If any term, condition, 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 stri[cken from this Agreement and in all other respects this Agreement shall be valid and continue in full fome, effect, and operation. Likewise, the failure of any party to meet his or her obligations under any one or more of the paragraphs herein, with the exception of the satisfaction of the conditions precedent, shall in no way void or alter the remaining obligations of the parties. D. OTHER DOCUMENTATION - Wife and Husband covenant and agree that they will forthwith execute any and all written instruments, assignments, releases, satisfactions, deeds, notes or such other writings as may be necessary or desirable for the proper effectuation of this Agreement, and as their respective counsel shall mutually agree should be so executed in order to carry out fully and effectively the terms of this 11 Agreement. E. 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. F. WAIVER OR MODIFICATION TO BE IN WRITING - No modification or waiver of any of the terms hereof shall be valid unless in writing and signed by both parties and no waiver of any breach hereof or default heretlnder shall be deemed a waiver of any subsequent default of the same or similar nature. G. MUTUAL COOPERATION - Each party shall, at any time and from time to time hereafter, take any and all steps and execute, acknowledge, and deliver to the other party any and all further instruments and/or documents that the other party may reasonably require for the purpose of giving full force and effect to the provisions of this Agreement. H. LAW GOVERNING - This Agreement shal]l be construed and governed in accordance with the laws of the Commonwealth of Pennsylvania. I. BINDING EFFECT - Except as otherwise stated herein, this Agreement shall be binding and shall inure to the benefit of the parties hereto and their respective heirs, executors, administrators, successors, and assigns. J. NO WAIVER OF DEFAULT - This Agreement shall remain in full force and effect unless and until terminated under and pursuant to the terms of this Agreement. The failure of either party to insist upon strict performance of any of the provisions of this 12 Agreement shall in no way affect the right of such party he. reafier to enforce the same, nor shall the waiver of any breach of any provision hereof be construed as a waiver of any subsequent default of the same or similar nature, nor shall it be construed as a waiver of strict performance of any other obligations herein. K. HEADINGS NOT PART OF AGREEMENT - Any heading preceding the text of the several paragraphs and subparagraphs hereo~' are inserted solely for convenience or reference and shall not constitute a part of this Agreement nor shall they affect its meaning, construction, or effect. L. WAIVER OF CLAIMS AGAINST ESTATES - Except as herein otherwise provided, 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 have or hereafter acquire, under the present or future laws of Pennsylvania or another jurisdiction, to share in the property or the estate of the other as a result of the marital relationship, including, without limitation, dower, curtesy, their statutory equivalents, widow's allowance, homestead rights, right to take in intestacy, right to take against the will of other, and right to act as administrator or executor of the other's estate, and each party 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 a~ad relinquishment of all such interests, rights and claims. M. ATTORNEY'S FEES FOR ENFORCEMENT - In the event that either party breaches any provision of this Agreement, and the other party retains counsel to 13 assist in enforcing the terms thereof, the parties hereby agree that the breaching party will pay all reasonable attorneys' fees, court costs, and expenses incurred by the other party in enforcing the Agreement. IN WITNESS WHEREOF, and intending to be bound hereby, the parties have signed and sealed this Agreement on the ! ~2$~ day of ~.~c~ ,2004, at Harrisburg, Pennsylvania. In the presence of'./7 / / Mark O'Nell (SEAL) WITNESS Caron O'Neil 14 CARON O'NEIL Plaintiff MARK O'NEIL Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA .q.q3 6' : NO. 03-.$t~4- : : CIVIL ACTION - LAW : IN DIVORCE/CUSTODY AFFIDAVIT OF SERVICE Patricia J. Romano, Esquire, being duly sworn according to law, deposes and says that she is an attorney at law duly authorized to practice in the Commonwealth of Pennsylvania, and that on the 29th day of October ,2003, she did serve upon, Mark O'Neil, the Defendant in the foregoing case, a true and correct copy of the Complaint in Divorce by sending a copy by First Class Mail, certified/restricted delivery, postage pre-paid, to the Defendant. The "green card" of service for said Complaim is attached. Said copy of the Complaim was duly endorsed with notice to Defendant to appear and answer within twenty (20) days from the date of service or the matter would proceed without him. Swom to and subscribed before me this I qtWday of ~01'il ,2004. Notary Public (~ INOTARIAL SEAL I KATHERINE A. FREY, NOTARY PUBLIC LOWER PAXTON TW~ DAUPHIN COUNTY MY COMM SS ON EXPIRES SEPT. 2. 2006 Patricia J. Romar]6~/Esq-uire 4711 Locust Lan~' Harrisburg, PA 17109 (717) 657-0632 Id. No. 88161 · ~ It/we can return the card t~ you. ~ th~s card to the back of the rnallpleceo o~?____~e front if space penn~. 1. A~ Addressed to: Mark O'Neil 322 Berkshire Road Mechanicsburg, PA 17055 z ~ Num ~x~a Fee) ~'~o 7001 1140 0001 4024- a609 CARON O'NEIL Plaintiff Ye MARK O'NEIL Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLANI~, COUNTY, PENNSYLVANIA : NO. 03-to$-34 : : CIVIL ACTION - LAW : IN DIVORCE/CUSTODY PRAECIPE TO TRANSMIT RECORI~ 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: October 29~ 2003; Certified/ Restricted Delive _ry. 3. Complete either paragraph (a) or (b). Y (a) Date of execution of the Affidavit of Consent required by Section 3301(c) of the Divorce Code: by Plaintiff, 4/3/04 .; by Defendant, 4/3/04 (b)(!) Date of execution of the affidavit required by Section 3301 (d) of the Divorce Code: N/A. (2) Date of filing and service of the affidavit upon the respondent: N/A. 4. Related claims pending:. All claims were resolved by Marriage Settlemenl A~eement dated 3/19/04 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: _N/A. (b) Date Plaintiff's Waiver of Notice in Section 33.01 (c) Divorce was filed with the Prothonotary: 4/8/04 Date Defendant's Waiver of Notice in Section 3301(c) Divorce was filed with the Prothonotary:.. 4/8/04 Dated: By: Patricia J. RonSard, Esquire 4711 Locust Harrisburg, PA 17109 (717) 657-0632 Id. No. 88161 Attorney for Plaintiff 1N THE COURT OF COMMON CARON 0'NEIL, Plaintiff OFCUMBeRLANDCOUNTY STATE OF ~ PENNA. PLEAS VERSUS M~RK OiNEIL, Defendant No. 03-5535 DECREE 1N DIVORCE AND NOW, , ~)~_, IT IS ORDERED AND DECREED THAT Caron O'Neil , PLAINTIFF, AND Mark O'Neil , DEFENDANT, ARE DIVORCED FROM THE BONDS OF MATRIMONY. THE COURT RETAINS JURISDiCTiON OF THE FOLLOWING CLAIMS WHICH HAVE BEEN RAISED Of RECORD IN THIS ACTION FOR WHICH A FINAL ORDER HAS NOT YET BEEN ENTERED; hereby incorporated but not merqed with this Divorce Decree. BY THE COURT' / · PROTHONOTARY