Loading...
HomeMy WebLinkAbout03-5615EDWARD J. BUTLER, Plaintiff SUZANNE L. BUTLER, Defendant : 1N THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. - W ,IS' 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 marriage, you may request ma~iage counseling. A list of marriage counselors is available in the Prothonotary's Office, Cumberland County Courthouse, Cumberland, Pennsylvania. 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 (800) 990-9108 EDWARD J. BUTLER, Plaintiff SUZANNE L. BUTLER, Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : : CIVIL ACTION - LAW : IN DIVORCE COMPLAINT IN DIVORCE AND NOW, comes the above-named Plaintiff, EDWARD J. BUTLER, by and through his attorney, ROBERT B. LIEBERMAN, ESQUIRE, and seeks to obtain a Decree in Divorce from the above-named Defendant, SUZANNE L. BUTLER, upon the grounds hereinafter set forth: 1. Plaintiff is EDWARD J. BUTLER, an adult individual, residing at 406 Lamp Post Lane, Camp Hill, Cumberland County, Pennsylvania. 2. Defendant is SUZANNE L. BUTLER, an adult individual, residing at 6 North Stoner Avenue, Shiremanstown, Cumberland County, Pennsylvania. 3. Plaintiff and Defendant have been bona fide residents of the Commonwealth of Pennsylvania for at least six (6) months previous to the filing of this Complaint. 4. The Plaintiff and Defendant were married on August 31, 1996 in Lemoyne, Cun~berland County, Pennsylvania. 5. There have been no prior actions of divorce or for annulment between the parties. 6. The Plaintiff and Defendant are both citizens of United States of America. 7. The Defendant is not a member of the Armed Services of the United States. 8. The Plaintiffhas been advised of the availability of marriage counseling and understands that he may request that the Court require the parties to participate in counseling. 9. The Plaintiff avers that the marriage is irretrievably broken. 10. Plaintiffrequests the Court to enter a Decree in Divorce. WttEREFORE, Plaintiff, EDWARD J. BUTLER, respectfully requests this Honorable Court to enter a Decree in Divorce pursuant to the Divorce Code. Respectfully submitted, DATED: 500 N. Third Street, 12th Floor P.O. 1004 Harrisburg, PA 17108-1004 (717) 236-1485 Attorney for Plaintiff VERIFICATION I verify that the statements made in the foregoing Complaint in Divorce are true and correct based upon my personal knowledge, information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. §4904, relating to unswom falsification to authorities. DATED: Edward J. Butle/~ Plaintiff EDWARD J. BUTLER, Plaintiff V. SUZANNE L. BUTLER, Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : : CIVIL ACTION ~ LAW : NO. 03-5615 CIVIL TERM : : 1N DIVORCE AFFIDAVIT OF SERVICE COMMONWEALTH OF PENNSYLVANIA COUNTY OF DAUPHIN SS. Personally appeared before me, a Notary Public in and fl>r said Commonwealth and County, ROBERT B. LIEBERMAN, ESQUIRE, who, being duly sworn according to law, deposes and says: 1. That on October 24, 2003, a Complaint in Divorce was filed on behalf of Plaintiff and against Defendant in the above case. 2. That on October 27, 2003, I forward by certified mail, return receipt requested, restricted delivery, a certified copy of the Complaint in Divorce to Defendant, Suzanne L. Butler, at 6 North Stoner Avenue, Shiremanstown, Cumberland County, PA. 3. That the aforesaid copy of the Complaint in Divorce sent to Defendant, Suzanne L. Butler, was delivered on November 3, 2003 as evidenced by the return receipt card signed by Defendant and attached hereto. That to the best of my information and belief, the card is, in fact, the signature °fDefendant, Suzanne L. Butler. signature on the return receipt SWORN TO ant/su~scr/be before me this ~ da d °f 2o 03. My Commission Expires: 'rot=~ ~o,~,~,, & ~=~, ! 0/27/03 Attorney for Plaintiff SUZANNE L. BUTLER, Petitioner EDWARD J. BUTLER, Respondent : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : : CIVIL ACTION- LAW : NO. 03-5615 CiVIL TERM : : In Divorce PETITION FOR SPECIAL RE! IN THE FORM OF EXCLUSIVE POSSESSION OF THE MARITAL RESIDENCE PURSUANT TO SECTION 401(C) OF THE DIVORCE CODE AND NOW, comes the Petitioner, Suzanne L. Butler, by and through her attorney's, the Law Offices of Patrick F. Lauer, Jr., L.L.C., and files this petition pursuant to Rule 1920.43 of the Rules of Civil Procedure and 23 Pa.C.S.A. §3323(f) and respectfully avers as follows: 1. Petitioner is Suzanne L. Butler, an adult individual, who resides at 6 North Stoner Avenue, Shiremanstown, PA 17011. 2. Respondent is Edward J. Butler, an adult individual, who resides at 406 Lamp Post Lane, Camp Hill, Pennsylvania, 17011. A divorce complaint was filed on October 24, 2003 with docket number captioned above. 4. Petitioner and two minor children of the parties live at 6 North Stoner Avenue, Shiremanstown, PA 17011, which was the marital home of the parties when they lived together. 5. Respondent may have a property interest in said marital home. 6. Respondent moved out &the marital home and bas established his own residence. 7. Respondent has returned to the marital home on several occasions to remove and destroy property. 8. Petitioner is concerned that respondent will continue to enter the home and remove or destroy property in petitioner's absence. WHEREFORE, your petitioner respectfully requests that this Honorable Court enter an order for equitable relief as follows: that petitioner is granted exclusive possession of the marital home and the respondent be enjoined from entering the marital home without the permission of the petitioner. D at e: C;2 ~/°'1~/~ c( ect ful/)y submit, , Jc~sep~ D. Caraciolo, Esquire 2_~08 Market Street, Aztec Building Oamp Hill, Pennsylvania 17011-4706 ID# 90919 Tel. (717) 763-1800 SUZANNE L. BUTLER, Petitioner EDWARD J. BUTLER, Respondent IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 03-5615 CIVIL TERM In Divorce VERIFICATION ! verify that the statements made in the foregoing document are true and correct to the best o£my knowledge, information, and belief. To the extent that any of the averments are based upon an understanding or application of law, I have relied upon cotmse] in making this Verification. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. § 4904, relating to unswom falsification to authorities. Date: SUZANNE L. BUTLER, Petitioner EDWARD J. BUTLER, Respondent IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION- LAW NO. 03-5615 CIVIL TERM : : In Divorce CERTIFICATE OF SERVICE I hereby certify that I am this day serving a copy of the foregoing Petition upon the person and in the manner indicated below, which service satisfies the requirements of the Pennsylvania Rules of Civil Procedure, by depositing a copy in the United States first class mail, addressed as follows: Robert B. Lieberman Attorney At Law Five Hundred North Third Street Twelfth Floor P.O. Box 1004 Harrisburg, PA 17108-1004 (Attorney for Respondent) Date: 88p~/D. Caraciolo, Esquire Market Street,, Aztec Building Hill, Pennsylvania 17011-4706 ID# 90919 Tel. (717) 763-1800 SUZANNE L. BUTLER, PETITIONER : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : : EDWARD J. BUTLER, RESPONDENT : 03-5615 CIVIL TERM ORDER OF COURT AND NOW, this 12th day of March, 2004, a hearing on the within petition for special relief shall commence at 2:30 p.m., Thursday, March 18, 2004, in Courtroom Number 2, Cumberland County Courthouse, Carlisle, Pennsylvania. B~~(, ~ Edgar B. Bayley, J. '.sal SUZANNE L. BUTLER, PETITIONER VS. EDWARD J. BUTLER, RESPONDENT IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 03-5615 CIVIL TERM ORDER AND NOW, this a~ day of March, 2004, a hearing on the within petition for special relief shall commence at 11:00 a.m., Wednesday, March 31, 2004, in Courtroom Number 2, Cumberland County Courthouse, Carlisle, Cumberland County, Pennsylvania. BY THE C : SUZANNE L. BUTLER, : Petitioner : : v. : : EDW2LRD J. BUTLER, : Respondent : IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVA~NIA CIVIL ACTION - LAW NO. 03-5615 CIVIL TERM In Divorce Avenue, 3. Avenue, STIP~TION TO EXCLUSIVE It is hereby stipulated by and between counsel captioned parties as follows: 1. EDW2tRD J. BUTLER is an adult individual 406 Lamp Post Lane, Camp Hill, PA 17011. Mr. Butler did previously reside at Shiremanstown, PA 17011. When Mr. Butler left the he also left behind some 12 items (see attached "LIST A"). POSSESSION OF MARITAL RESIDENCE for the above- who resides at 6 North Stoner residence at 6 Nortlh Stoner (twelve) items or groups of 4. It was not Mr. Butler's intention to abandon this property. These items still belong to Mr. Butler. 5. Mr. Butler will enter the residence at 6 North Stoner and remove these items before June 30th, The packaging Avenue 6. reason Mr. Butler will Avenue before June 30th, 2004. and removal of these items is the only enter the residence at 6 North Stoner 2004, unless agreed to by the parties. 7. After the removal of these items, or after June 30th, 2004 (whichever is sooner), Mr. Butler will not enter the residence at 6 North Stoner Avenue without invitation and/or permission. 8. By agreeing to refrain from entering the residence at 6 North Stoner Avenue, Mr. Butler denies the allegations of the petition for special relief, admits no wrongdoing, nor relinquishes any financial stake, claim, or interest he might have previously legally possessed, currently does possess, or will in the future possess in the residence at 6 North Stoner Avenue, or other marital property left within. Date: ~'~?' ~ Robert B. Lieberman, Esquire Attorney for Respondent Date: on` ; J~e~h D. Caraciolo, Esquire ~torney for Petitioner LIST A 1. Beer can collection 2. Bar paraphernalia 3. Console TV and VCR (previously located in the baselment) 4. Sectional Sofa (previously located in the basement) 5. Coffee table, end tables with lamps (previously located in the basement) 6. Duffel and travel bags 7. Personal belongings in boxes (previously located in the attic) 8. Box of videotapes/recordings (previously located[ in the basement) 9. Ail clothing, apparel and shoes belonging to Mr. Butler 10. Mr. Butler's furniture (including bed and two tables/nightstands) 11. Steam Cleaner 12. Disney Video Library end SUZANNE L. BUTLER, : IN THE COURT OF COMMON PLEAS OF Petitioner : CUMBERLAND COUNTY, PENNSYLVANIA v. : CIVIL ACTION - LAW 0 2004 : NO. 03-5615 CIVIL TERM EDWARD J. BUTLER, : Respondent : In Divorce QRDER AND NOW, this--~d~ day of-fA4~~-,%~; 2004, and in consideration of the attached stipulation it is hereby ordered that the petitioner be granted exclusive possession of the marital residence. The Respondent is hereby ordered to remove the specific property detailed in the list attached to this order, by June 30th, 2004 and to thereafter refrain the residence at 6 North Stoner Ave, Shiremanstown, 17011 unless agreed to by the parties. from entering Pen~sylvania BY THE COURT: Distribution: Josep~ D. Caraciolo, Esquire, Attorney for Petitioner ~he Law Offices of Patrick F. Lauer, L.L.C. 2108 Street, Camp Hill, PA 17011 /~obert B. Lieberman, Esquire, Attorney for Respondent Five Hundred North Third Street, Twelfth Floor, 1004, Harrisburg, PA 17108 Market P.O. Box .... ~ ' ~HJ. ,~ ~,¥;C~,gidiOc~ :JO EDWARD J. BUTLER, Plaintiff SUZANNE L. BUTLER, Defendant : IN THE COU~[T OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW : NO. 03-5615 CIVIL TERM : In Divorce AFFIDAVIT OF CONSENT 1. A Complaint in Divorce was filed on October 24, 2003, and served upon Defendant on October 24, 2003. 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 after service of Notice of Intention to Request Entry of the Decree. I verify that the statements made in this Affidavit are true and correct. I understand that any false statements herein are made subject to the penalties of 18 Pa.C.S., §4904, relating to unswom falsification to authorities. Date: / tuzanne L. Buffer EDWARD J. BUTLER, Plaintiff SUZANNE L. BUTLER, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW : NO. 03-5615 CIVIL TERM : In Divorce WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORC~ UNDER §3301(C) OF THE DIVORCE CODE. 1. I consent to the entry ora final decree of divorce without notice. 2. I understand that I may lose rights concerning alimony, division of property, lawyer's fees, or expenses 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 imraediately after it is filed with the Prothonotary. I verify that the statements made in this Affidavit are true and correct. I understand that any false statements herein are made subject to the penalties of 18 Pa.C.S., §4904, relating to unsworn falsification to authorities. Date: Suzanne L. Butler EDWARD J. BUTLER, Plaintiff SUZANNE L. BUTLER, Defendant 1N THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 03-5615 CIVIL TERM IN DIVORCE AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed on October 24, 2003. 2. The marriage of Plaintiff and Defendant is irretrJ[evably broken and ninety (90) days have elapsed from the date of filing and service of the Complaint. 3. I consent to the entry of a final decree of divorce after service of Notice of Intention to Request Entry of the Decree. I verify that the statements made in this Affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. §4904 relating to unsworn falsification to authorities. DATED: Plaintiff EDWARD J. BUTLER, Plaintiff SUZANNE L. BUTLER, Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLAND' COUNTY, PENNSYLVANIA : : CIVIL ACTION - LAW : NO. 03-5615 CIVIL LAW : 1N DIVORCE WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER SECTION 3301(C) OF THE DIVORCE CODE 1. I consent to the entry of a final Decree in Divorce without notice. 2. I understand that I may lose rights concerning ali[mony, 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 Waiver of Notice 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. DATED: Edward J. Butler, Plaintiff EDWARD J. BUTLER, Plaintiff V. SUZANNE L. BUTLER, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 03-5615 CIVIL TERM In Divorce SEPARATIONAND PROPERTY SETTLEMENTAGREEMENT THIS AGREEMENT, made this S day of ~ ~ 2004, by and between SUZANNE L. BUTLER of Shiremanstown, Cumberland County, Pennsylvania, hereinafter referred to as Wife; and EDWAJRD J. BUTLER of Camp Hill, Cumberland County, Pennsylvania, hereinafter referred to as Husband, WITNESSETH THAT: WHEREAS, Husband and Wife were married in August 31, 1996 in Cumberland County, Pennsylvania; and WHEREAS, Husband and Wife are bona fide residents of the Commonwealth of Pennsylvania and have been so for at least the past six months; and WHEREAS, certain differences have arisen between the parties hereto and, as a consequence, they have ceased living as Husband and Wife since March 23, 2003; and WHEREAS, Husband and Wife desire to settle and determine certain of their marital rights and obligations, make distribution of their marital property, and determine to alimony, spousal support, and all other matters considered under the Divorce Code; and WHERF_JL9, it is the intention and purpose of this Agreement to an equitable their rights which may be set forth the respective rights and duties of the parties while they continue to live apart from each other and to settle all financial and property rights between them; and WHEREAS, the parties hereto have mutually entered into an agreement for the division of their jointly owned assets, the provisions for the liabilities they owe, and provisions for the resolution of their mutual differences, after both have had full and ample opportunity to consult with attorneys of their respective parties now wish to have that agreement reduced to preparing this Agreement and negotiations therewith, Wife was represented by Joseph D. and Husband, was represented by Robert B. choice, and the writing; and WHERF~, in contemporaneously Caraciolo, Esquire; Lieberman, Esquire with respect to the preparation and execution of this Agreement; and NOW THEREFORE, the parties, in consideration of the mutual promises set forth hereinafter, and for other good and valuable consideration, intending to be legally bound and to legally bind their heirs, successors, assigns, and personal representatives, do hereby covenant, promise, and agree as follows: ARTICLE I - ~EPTuRATION 1.1 Separation. It shall be lawful for Husband and Wife at all times hereafter to live separate and apart from each other and 2 to reside from time to time at such place or places as they shall respectively deem fit, free from any control, restraint, or interference, direct or indirect, by each other. Neither party shall molest the other or compel or endeavor to compel the other to cohabit or dwell with him or her by any legal or other proceedings. The foregoing provisions shall not be taken to be an admission on the part of either party of the lawfulness of the causes leading to them living separate and apart. 1.2 Effect of Reconciliation. This Agreement shall not be deemed to have been waived or otherwise affected by a reconciliation, cohabitation, or resumption of marital relations between the parties. The parties shall not be deemed to have reconciled with the intention of vitiating or terminating this Agreement unless they make such actions through a written instrument, executed, and acknowledged in the same manner as this Agreement. ARTICLE II - DIVORCE 2.1 Divorce Action. This Agreement is not predicated on divorce. Notwithstanding the foregoing, it is, in fact, agreed and acknowledged between the parties that Husband has filed a divorce action against Wife, and that both parties agree, as a condition to this agreement, to execute the necessary divorce consents recfaired by Section 3301(c) of the Divorce Code, including the Waiver of 3 Notice of Intent to Transmit Divorce Decree, so as to promptly finalize said action. 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 waive any and all possible claims that this Agreement is, for any reason, illegal, or unenforceable in whole or in part. Husband and Wife do each hereby 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. 2.2 Final Resolution. It is further specifically understood and agreed that the provisions of this Agreement relating to the equitable distribution of property of the parties are accepted by each party as a final settlement for all purposes whatsoever. Should either of the parties obtain a decree, judgment, or order of separation or divorce in any other state, country, or jurisdiction, each of the parties to this Agreement hereby consents and agrees that this Agreement and all its covenants shall not be affected in any way by any such separation and divorce; and that nothing in any such decree, judgment, order or further modification or revision thereof shall alter, amend or vary any term of this Agreement, whether or not either or both of the parties should remarry, it into Decree. It is this Agreement shall be being understood by and between the parties that this Agreement shall survive and shall not be merged into any decree, judgment or order of divorce or separation. 2.3 Incorooration of A~ree~ent specifically agreed that a copy of incorporated by reference into any divorce, judgment or decree if or whenever sought by either of the parties hereto. Such incorporation, however, shall not be regarded as a merger, it being the intent of the parties to permit this Agreement to survive any such judgment or decree. ARTIGLE III - EOUITABLE DISTRIBUTION OF MARITAL PROPERTY 3.1 Criteria of Distribution. The parties have attempted to divide their marital property in a manner which conforms to the criteria set forth in Section 3502 of the Pennsylvania Domestic Relations Code, and taking into account the following considerations: the length of the marriage; the prior marriages of the parties; the age, health, station, amount and sources of income, vocational skills, employability; estate, liabilities, and needs for each of the parties; the contribution of one party to the education, training or increased earning power to the other party; the opportunity of each party for future acquisition of capital assets and income; the sources of income of both parties, including but not limited to medical, retirement, insurance or other 5 benefits; the contribution or dissipation of each party in the acquisition, preservation, depreciation, or appreciation of marital property, including the contribution of a party as a homemaker; the value of the property set apart to each party; the standard of living of the parties established during their marriage; and the economic circumstances of each party, including federal, state and local tax ramifications, at the time of the division of the property is to become effective. 3.2 Satisfaction of Rights of E~uitable Distribution. The division of existing marital property is not intended by the parties to constitute in any way a sale or exchange of assets. The division of property under this Agreement shall be in full satisfaction of all rights of equitable distribution of parties. 3.3 Relinquishment of Clai~. Husband agrees to relinquish all claims to any assets that may be acquired by Wife prior to the finalized divorce decree, and Wife agrees to relinquish all claims to any assets that may be acquired by Husband prior to the finalized divorce decree, except as may be otherwise set forth herein. 3.4 Marital Residence. Husband agrees to transfer to Wife all of his interest in the marital residence at 6 North Stoner Avenue, Shiremanstown, Comberland County, Pennsylvania 17011. Wife shall have sole and exclusive possession thereof, and Husband shall if necessary at any time make, execute, and deliver any and all documents in the usual form conveying, transferring, and granting to wife all his right, title, and interest in and to the marital residence. 3.5 Personaltv. The parties have agreed between themselves to a division of all household furnishings and personal property which would be considered "marital property" under the Pennsylvania Divorce Code, including any pensions or retirement savings accounts or plans. 3.6 Eouitable Distribution Installments. Wife shall pay Husband the total amount of $7,700.00, representing his equity in the marital estate. This amount is to be paid regardless of whether either or both of the parties die or remarry. Wife to pay this amount in the sum of $5,000.00 lump sum payment, made upon, and on the date of, the signing of this agreement, and to begin payments of $75.00 per month for a period of thirty-six (36) months, payments to be received by Husband no later than the tenth (10th) day of each month, with the first payment due on or before November 10, 2004. 7 These equitable distribution payments may be paid in advance without penalty. 3.7 Promertv to Husband. Husband agrees to remove from the marital residence of 6 North Stoner Avenue, Shiremanstown, Pennsylvania 17011, by or before June 30th, 2004, and to take exclusive title and possession thereof of the following specific property: 1. Beer can collection 2. Bar paraphernalia 3. Console TV and VCR (previously located in the basement) 4. Sectional Sofa (previously located in the basement) 5. Coffee table, end tables with lamps (previously located in the basement) 6. Duffel and travel bags 7. Personal belongings in boxes (previously located in the attic) 8. Box of videotapes/recordings (previously located in the basement) 9. All clothing, apparel and shoes belonging to Mr. Butler 10.Mr. Butler's furniture (including bed and two end tables/nightstands) ll.Steam Cleaner 12.Disney Video Library Husband agrees to relinquish all claims to title, ownership, or possession to any assets and/or property, not specifically set forth herein, and located on or within the marital residence on March 23, 2003. Husband agrees or possession to the acknowledges title, Quest Minivan, to relinquish all claims to title, ownership, 1995 Saturn SL1, regularly driven by Wife, and ownership, and possession of the 1994 Nissan regularly driven by Husband, free from any claim of title, ownership, or possession, by Wife. Husband acknowledges that his filing status for 2003 will be ~married filing jointly" and that he will equally divide any refund for taxes paid with Wife, after reasonable expenses incurred in filing are paid. Husband further agrees to relinquish all claims to any assets that may be acquired by Wife prior to the finalized divorce decree. 3.8 Promertv to Wife. Wife agrees to relinquish all claim to title, ownership, or possession of the specific property as more fully set forth, and listed one (1) through twelve (12), in the list above, upon Husbands removal of listed property from the marital residence of 6 North Stoner Avenue, Shiremanstown, Pennsylvania 17011, by or before June 30TM, 2004. Wife further agrees to take sole and exclusive title, ownership, and possession to all other assets and/or property, not specifically set forth herein, located on or within the marital residence on March 23, 2003. Wife agrees to relinquish all claims to title, ownership, or possession to the 1994 Nissan Quest Minivan, regularly driven by Husband, and acknowledges title, ownership, and possession of the 1995 Saturn SL1, regularly driven by Wife, free from any claim of title, ownership, or possession, by Husband. Wife acknowledges that her filing status for 2003 will be ~married filing jointly" and that she will equally divide any 9 refund for taxes paid with Husband, after reasonable expenses incurred in filing are paid. Wife agrees to relinquish all claims to any assets that may be acquired by Husband prior to the finalized divorce decree. 3.9 Retir~nent. Each party specifically waives any claim they may have against the retirement of the other. Each party acknowledges that the other spouse may have a retirement plan or account to which the parties may have contributed martial property over the course of the marriage. Each of the parties acknowledges, without the necessity of an expert valuation, that retirement assets may prove to comprise a substantial percentage of the entire martial estate. Nonetheless, each party desires to waive and specifically releases any claim they may have as to the retirement assets currently in the possession of the other spouse. Each party further agrees to execute iramediately upon demand any documents as may be required by the retirement plan administrator of the other spouse so as to confirm they have waived any claim right or interest thereto. 10 ARTICLE IV - DEBTS OF THE P~TIES 4.1 Debts. During the course of the marriage, Husband and Wife have incurred certain bills and obligations and have amassed a variety of debts. It is hereby agreed, without the necessity of ascertaining for what purpose and to whose use each of the bills were incurred, that, except as otherwise provided herein, both parties are equally responsible for all such bills, obligations, and debts. Husband and Wife each agree to hold the other free and harmless from any and all liability which may arise from any outstanding bills, obligations, of separation, and further agree from any claim regarding same. and debts incurred after the date to indemnify and defend the other Both parties agree that, in the future, neither shall cause or permit to be charged to or against the other any purchase which either of them may hereafter make and shall not hereafter create any engagements, debts, or obligations in the name of or against each other. 4.2 Mortgage for residence located at 6 North Stoner Avenue, Shiremanstown, Cumberland County, Pennsylvania. Wife agrees to accept sole responsibility for the mortgage encumbering the marital residence, and to hold Husband free and harmless from any and all liability which may arise from said mortgage, and to indemnify husband from any action related to the marital residence. 4.3 SPecific (~tstandin~ Debts of Husband. Husband agrees 11 to accept sole responsibility for, and to hold Wife free and harmless from any and all liability which may arise from any account or debt that is solely in Husband's name. 4.4 SPecific Outstanding Debts of Wife. Wife agrees to accept sole responsibility for, and to hold Husband free and harmless from any and all liability that may arise from any account or debt that is solely in Wife's name. ARTICLE V -;tLIMONYAND SPOUSAL SUPPORT 5.1 Alimony. Pursuant to this Agreement of the parties, each party waives any right they may have to seek alimony, alimony pendente lite, spousal support, maintenance, or the like. ARTICLE VI - MISCEL~.A/NEOUS PROVISIONS 6.1 Attorneys Fees uDon Breach. Each of the parties agrees that should either of them be in breach of contract and fail to comply with the terms of the Agreement herein the breaching party shall be responsible for all court costs and attorney fees reasonably necessary to enforce the Agreement. 6.2 Advice of Counsel. The parties acknowledge that they have been given full and fair opportunity to consult legal counsel regarding the legal effect of this agreement. They acknowledge and accept that this Agreement is, in the circumstances, fair and equitable, that it is being entered into freely and voluntarily, after having received such advice and with such knowledge that 12 execution of this Agreement is not the result of any duress or undue influence and that is not the result of any collusion or improper or illegal agreement or agreements. 6.3 Counsel Fees. Husband and Wife agree to be responsible for their respective attorney fees. For purposes of contract interpretation and for the purpose of resolving any ambiguity herein, Husband and Wife agree that this Agreement was prepared jointly by their respective attorneys. Hershey Foods Corp. v. General Electric Service Co., 619 A.2d 285 (Pa. Super. 1992). 6.4 M~tual ~%elease. Husband and Wife each do hereby mutually remise, release, quitclaim and forever discharge the other and the estate of such other, for all times to come and for all purposes whatsoever, of and from any and all right, title, interest, or claims in or against the property (including income and gain from property hereafter accruing) of the other, or against the estate of such other, of whatever nature and wheresoever situate, which he or she now has or at any time hereafter may have against such other, the estate of such other, or any part thereof, whether arising out of any former acts, contracts, engagements, or liabilities of such other as by way of dower, curtesy, or claims in the nature of dower, curtesy, widow's or widower's rights, family exemption, or similar allowance, or under the intestate laws, or the right to take against the spouse's will, or the right to treat a lifetime conveyance by the other as testamentary, or any other 13 rights of a surviving spouse to participate in a deceased spouse's estate, whether arising ~nder the laws of (a) Pennsylvania, (b) any state, commonwealth, or territory of the United States, or (c) any country. The parties further release any claim to all rights which either party may have or at any time hereafter have for past, present, or future spousal support or maintenance, alimony, alimony pendente lite, counsel fees, costs or expenses, whether arising as a result of the marital relation or otherwise, except and only except, all rights and agreements and obligations of whatsoever nature arising or which may arise under this Agreement or for the breach of any thereof. It is the intention of Husband and Wife to give each other by execution of this Agreement a full, complete and general release with respect to any and all property of any kind of nature, real or personal, not mixed, which the other now owns or may kereafter acquire, except and only except, all rights and agreements and obligations of whatsoever nature arising or which may arise under this Agreement or for the breach of any thereof. Both parties acknowledge that they have been advised that each may have the right to assert a claim for spousal support, alimony, alimony pendente lite, attorneys fees, costs and/or expenses. Except as otherwise provided herein, each party hereby waives any right to such economic claims ancillary to the divorce and accepts the provisions of this Agreement relating to these claims as a final settlement for all purposes, as contemplated by the 14 Pennsylvania Divorce Code. 6.5 Warranties. Each party represents heretofore incurred or contracted for any obligations for which the estate of the responsible or liable, except as may be Agreement. that they have not debt or liability or other party may be provided for in this Each party agrees to indemnify or hold the other party harmless from and against any and all such debts, liabilities or obligations of each of them, including those for necessities, except for the obligations arising out of this Agreement. Husband and Wife each warrant, covenants, represent and agree that each will, now 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 is otherwise specifically provided for by the terms of this Agreement and that neither of them hereafter incur any liability whatsoever for which the estate of the other may be liable. 6.6 Modification. No waiver or modification of any of the terms of this ~greement shall be valid unless in writing and signed by both parties, and no waiver of any enforcement claims for breach or default shall be deemed a waiver of any subsequent default of the same or similar nature. 6.7 Document Execution. The parties agree that they will promptly execute any and all written instruments, assignments, releases, satisfactions, deeds, notes, or such other writings as 15 may be necessary or desirable for the proper implementation of this Agreement, and as their respective counsel should be so executed in order to carry out the terms of this Agreement. shall mutually agree fully and effectively 6.8 Governin~ Law. This Agreement shall be construed in accordance with the laws of the Commonwealth of Pennsylvania which are in effect as of the execution date of this Agreement. 6.9 Bindina. This Agreement shall be binding and shall inure to the benefit of the parties hereto and their respective heirs, executors, administrators, successors, and assigns. 6.10 Entire A~reement. This Agreement constitutes the entire understanding of the parties and supersedes any and all prior agreements and negotiations between them. There are no representations or warranties other than those expressly set forth herein. 6.11 Severabilitv. If any term, condition, clause, section, or provision of this Agreement shall be determined or declared to be void or invalid in law or otherwise, then only that term, condition, clause, or provision shall be stricken from this Agreement, and in all other respects, this Agreement shall be valid and continue in full force, effect and operation. Likewise, the failure of any party to meet his or her obligation under any one or more of the articles and sections shall in no way void or alter the remaining obligations of the parties. The parties expressly 16 represent that the headings of each paragraph are solely for purposes of convenience and are not to be construed as controlling. 6.12 E~uitable Division. It is specifically understood and agreed that this Agreement constitutes an equitable distribution of property, both real and personal, which was legally and beneficially acquired by Husband and Wife, or either of them, during the marriage as contemplated by the Divorce Code of the Commonwealth of Pennsylvania. 6.13 Disclosure. The parties warrant and represent that they have made a full disclosure of all assets prior to the execution of this Agreement and that this agreement was entered into in reliance upon that disclosure. 6.14 Effective Date. The shall be the date upon which it be effective date of this Agreement is executed. This Agreement shall deemed to have been executed on the date the last party signing it shall have signed. 6.15 Enforceabilitv survive any action for and Consideration. This Agreement shall divorce and decree of divorce and shall forever be binding and conclusive on the parties, and any independent action may be brought, either at law or in equity, to enforce the terms of the Agreement by either Husband or Wife until it shall have been fully satisfied and performed. The consideration for this contract and agreement is the mutual benefits to be obtained by both of the parties hereto and the 17 covenants and agreements of each of the parties to the other. The adequacy of the consideration for all agreements herein contained and stipulated, confessed and admitted by the parties, and the parties intend to be legally bound hereby. In the event either party breached the aforesaid Agreement and it is determined through appropriate legal action that the alleged party has so breached the Agreement, the breaching party shall be responsible for any and all attorney's fees as well as costs and expenses associated with litigation incurred by the non-breaching party to enforce this Agreement against the breaching party. IN WITNESS WHEP~OF, the parties hereto have set and seals the day and year first written above. their hands ~~R, WIFE 18 CC~ONWEALTH OF PENNSYLVANIA : : SS COUNTY OF CUMBERLAND : On this, the~ day of ~ , 2004, before me, the undersigned officer, personally appeared Suzanne L. Butler, known to me or satisfactorily proven to be the person whose name is subscribed to in the foregoing Marital Settlement Agreement, and acknowledged that she executed the same for the purposes therein contained. IN WITNESS WHEREOF, I hereunto set my hand and official seal. My ~ommls~on Expires: Notarial Se.al Shelby A. Minich, Notary Public Camp Hill Boro, Cumberland County My Commission Expires Aug. 20, 2005 Member, Pen nsylvania Assoc~tioo o/Notates 19 C(I~9~TH OF PENNSYLVANIA : : SS COUNTY OF CUMBE~ : On this, the~day of J~t , 2004, before me, the undersigned officer, personally appeared Edward J. Butler, known to me or satisfactorily proven to be the person whose name is subscribed to in the foregoing Marital Settlement Agreement, and acknowledged that he executed the same for the purposes therein contained. IN WITNESS WHEREOF, I hereunto set my hand and official seal. My Commi~ion p' re~_~ COk',MO~WE.A,L,TI'f OF: PENNSYLYAMA I'iOTAR~L ~ 2O EDWARD J. BUTLER, Plaintiff SUZANNE L. BUTLER, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 03-5615 CIVIL TERM IN DIVORCE PRAECIPE TO TRANSMIT RECORD TO: Prothonotary Transmit the record, together with the following information, to the Court for entry of a Divorce Decree: 1. Ground for Divorce: Irretrievable BreakdowrffMutual Consent under Section 3301 (c) of the Divorce Code. 2. Date and Manner of Service of the Complaint: November 3, 2003 on Defendant, SUZANNE L. BUTLER, as evidenced by an Acknowledgment of Service filed in the Prothonotary's Office of Cumberland County on November 18, 2003. 3. Date of execution of the Affidavit of Consent required by §3301(c) of the Divorce Code: Plaintiff on May 5, 2004; Defendant on May 3, 2004. 4. Related claims pending - None raised. 5. Date,. Plaintiff's Waiver of Notice in Section 3301(c) Divorce was filed with the Prothonotary: May 11, 2004. Date Defendant's Waiver of Notice in Section 3301(c) Divorce was filed with Prothonotary: May 5, 2004. DATED: Respectfully submitted, Robert B. Lieberman, Esquire 500 N. Third St., Twelfth Floor P.O. Box 1004 Harrisburg, PA 17108-1004 (717) 236-1485 Attorney for Plaintiff IN THE COURT Of COMMON PLEAS EDWARD J. BUTLER, Plaintiff OF CUMBERLAND COUNTY STATE OF PENNA. NO. 03-5615 CIVIL T~RM VFRSUS SUZANNE Lo BUTLER Defendant AND NO~N, DECREED THAT AND DECREE IN DIVORCE EDWARD J. BUTLER SUZANNE L. BUTLER ,~"~%~, It IS ORDERED AND , PLAINTIFF, , DEFENDANT, ARE DIVORCED FROM THE BONDS OF MATRIMONY, THE COURT RETAINS JURISDICTION OF THE FOLLOWING CLAIMS WHICH HAVE BEEN RAISED (DF RECORD IN THIS ACTION FOR WHICH A FINAL ORDER HAS NOT YET BEEN ENTERED; NONE The separation and Property Settlement Agreement entered into notbetween the ..p_arties on May 5, mere ' to the within Decrge in Div~¢~/ /--- ROTHONOTARY