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HomeMy WebLinkAbout07-7734Y' JEFFREY L. SOLIDER, Plaintiff v. MARY ELLEN ROBINSON, Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA NO. 61- `I l aq C ivi t 7etM : CIVIL ACTION - LAW : 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 MARRIAGV',;YOU MAY REQUEST MARRIAGE COUNSELING. A LIST OF MARRIAGE COUNSELORS IS AVAILABLE IN THE OFFICE OF THE PROTHONOTARY AT THE CUMBERLAND COUNTY COURTHOUSE, I COURTHOUSE SQUARE, CARLISLE, PA 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 LAWYER REFERRAL SERVICE 2 LIBERTY AVENUE CARLISLE, PA 17013 (717) 249-3166 JEFFREY L. SOUDER, Plaintiff V. MARY ELLEN ROBINSON, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. CIVIL ACTION - LAW IN DIVORCE COMPLAINT COUNT I - DIVORCE UNDER &3301(c) or $3301(d) OF THE DIVORCE CODE 1. Plaintiff is Jeffrey L. Souder, who currently resides at 9C Rockledge Drive, Mechanicsburg, Cumberland County, Pennsylvania, 17050. 2. Defendant is Mary Ellen Robinson, who currently resides at 2905 Winchester Drive, Apartment 507, Camp Hill, Cumberland County, Pennsylvania. 3. Plaintiff has been a bona fide resident in the Commonwealth of Pennsylvania for at least six months immediately previous to the filing of this Complaint. 4. Plaintiff and Defendant were married on November 15, 2001 in Mechanicsburg, Pennsylvania. 5. The parties have no minor children. 6. There have been no prior actions of divorce or for annulment between the parties. 7. Neither party is presently a member of the Armed Forces on active duty. 8. Plaintiff has been advised that counseling is available and that he may have the right to request that the court require the parties to participate in counseling. Being so advised, Plaintiff does not request that the Court require the parties to participate in counseling prior to a Divorce Decree being issued. 9. The cause of action and sections of the Divorce Code under which Plaintiff is proceeding are: (a) §3301(c). The marriage of the parties is irretrievably broken; and (b) §3301(d). The marriage of the parties is irretrievably broken and, at the appropriate time, Plaintiff will submit an affidavit stating that the parties have been living separate and apart for a period of at least two (2) years. 10. Plaintiff requests This Honorable Court enter a Decree of Divorce. WHEREFORE, Plaintiff respectfully requests This Honorable Court enter an Order dissolving the marriage between Plaintiff and Defendant. Dated: j - a r 0 Respectfully submitted, WILEY, LENOX, COLGAN & MARZZACCO, P.C. ti Timothy J. Co19, sq re 130 West Church Street Dillsburg, PA 17019 (717) 432-9666 I.D. #77944 + _ . ,, JEFFREY L. SOLIDER, Plaintiff V. MARY ELLEN ROBINSON, Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : NO. : CIVIL ACTION • LAW : IN DIVORCE VERIFICATION L, Jefftey L. Souder, verify that the statements made in this Complaint are true and correct to the best of my knowledge, information, and belief I understand that false statements herein are made subject to the penalties of IS Pa. CS. §4904, relating to unsworn falsification to authorities. L Date: Wo- JEFFREL. SOLDER Plaintiff b t 1 4h? rrl co JEFFREY L. SOLIDER, : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 07-7734 Civil Term MARY ELLEN ROBINSON, : CIVIL ACTION - LAW Defendant : IN DIVORCE ACCEPTANCE OF SERVICE I, Pamela Purdy, Esquire, Attorney for the Defendant, accept service of the Divorce Complaint filed on December 27, 2007. I certify that I am authorized to accept service on behalf of said, Defendant, Mary Ellen Robinson. Date: 1 Z PUL4 pco,-? Pamela Purdy, Es uire Attorney ID No. vLn e?ine?Q• Z? Sk;? Zp0 Harrisburg, PA 1710 717:29; -54g90- ZZI - Val C i7 _ .ate... ?:...... J y i MARITAL SETTLEMENT AGREEMENT THIS AGREEMENT made this day of August, 2008 by and between JEFFERY L. SOUDER, 9C Rockledge Drive, Mechanicsburg, Pennsylvania (hereinafter referred to as "Husband"), and MARY ELLEN ROBINSON, 2905 Winchester Drive, Apartment 507 Camp Hill, Pennsylvania (hereinafter referred to as "Wife"), WITNESSETH: WHEREAS, the parties hereto are husband and wife, having been lawfully married on November 15, 2001 at Mechanicsburg, Pennsylvania, and WHEREAS, the parties separated on or about October 31, 2007; and, WHEREAS, 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, the settling of all matters between them relating to the ownership of real and personal property, and in general, the settling of any and all claims and possible claims by one against the other or against their respective estates. AND NOW, THEREFORE, in consideration of these premises, and of the mutual promises, covenants, and undertakings hereinafter set forth, and for other good and valuable consideration, receipt and sufficiency 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. ADVICE OF COUNSEL. The provisions of this Agreement and their legal effect have been fully explained to the parties by their respective counsel, Pamela L. Purdy, Esquire for Wife, and Timothy J. Colgan, Esquire, for Husband. Each party acknowledges that he or she has received independent legal advice from counsel of his or her selection, and that each fully understands the facts and has been fully informed as to his or her legal rights and obligations, and each party acknowledges and accepts that this Agreement is, in the circumstances, fair and equitable, and that it is being entered into freely and voluntarily, after having received such advice and with such knowledge, and that execution of this Agreement is not the result of any duress or undue influence, and that it is not the result of any improper or illegal agreement or agreements. In addition, each party hereto acknowledges that he or she has been fully advised by his or her respective attorney of the impact of the Pennsylvania Divorce Code, whereby the court has the right and duty to determine all marital rights of the parties including divorce, alimony, alimony pendente lite, equitable distribution of all marital property or property owned or possessed individually by the other, counsel fees and costs of litigation and, fully knowing the same and being fully advised of his or her rights thereunder, each party hereto still desires to execute this Agreement, acknowledging that the terms and conditions set forth herein are fair, just and equitable to each of the parties, and waives his and her respective right to have the Court of Common Pleas of Cumberland County, or any other court of competent jurisdiction, make any determination or order affecting the respective parties' rights to a divorce, alimony, alimony pendente lite, equitable distribution of all marital property, counsel fees and costs of litigation. -2- 2. DISCLOSURE OF ASSETS. Each of the parties hereto acknowledges that he or she is aware of his or her right to seek discovery, including but not limited to, written interrogatories, motions for production of documents, the taking of oral depositions, the filing of inventories, and all other means of discovery permitted under the Pennsylvania Divorce Code or the Pennsylvania Rules of Civil Procedure. Each of the parties further acknowledges that he or she has discussed with counsel the concept of marital property under Pennsylvania law and each is aware of his or her right to have the real and/or personal property, estate and assets, eamings and income of the other assessed or evaluated by a court of this Commonwealth or any other court of competent jurisdiction. Husband and Wife represent and warrant that each has disclosed to the other in full his or her respective assets, liabilities and income and that this Agreement was negotiated and entered into on the basis of those disclosures. The parties hereby acknowledge and agree that the division of assets as set forth in this Agreement is fair, reasonable and equitable and is satisfactory to them. The remedies available to either party for breach or violation of this provision shall be those remedies available pursuant to law and equity. Each party retains the right to assert a claim against the other for failure to fully and fairly disclose his or her income, assets and liabilities, if it is later determined that there has been a failure to disclose, including but not limited to a claim of constructive trust. 3. PERSONAL RIGHTS. Husband and Wife may and shall, at all times hereafter, live separate and apart. Each shall be free from all control, restraint, interference and authority, direct or indirect, by the other in all respects as fully as if he -3- or she were unmarried. Each may reside at such place or places as he or she may select. Each may, for his or her separate use or benefit, conduct, cant' on or engage in any business, occupation, profession or employment, which to him or her may seem advisable. This provision shall not be taken, however, to be an admission on the part of either Husband or Wife of the lawfulness of the cause that led to, or resulted in, the continuation of their living apart. Husband and Wife shall not molest, harass, disturb or malign each other or the respective families of each other, nor compel or attempt to compel the other to cohabit or dwell by any means or in any manner whatsoever with him or her. Neither party will interfere with the use, ownership, enjoyment or disposition of any property now owned by or hereafter acquired by the other. 4. MUTUAL CONSENT DIVORCE. Husband has filed an action for divorce in Cumberland County, Pennsylvania to CI-07-7734. Said action shall be limited to divorce and neither party may assert any ancillary economic claims otherwise authorized by the Divorce Code, which are specifically waived by the terms of this Agreement. Counsel for Husband shall execute a Praecipe withdrawing any such ancillary claims now pending of record at or prior to the execution of this Agreement. The parties agree that each shall sign and have duly acknowledged an Affidavit of Consent to a divorce and a Waiver of Notice upon execution of this Agreement. Said Affidavits and Waivers shall be promptly transmitted to counsel for Husband who will promptly file a Praecipe to Transmit Record and Vital Statistics form to precipitate the prompt entry of a decree of divorce. -4- 5. EQUITABLE DISTRIBUTION. 5.1. Marital Residence. The parties acknowledge that they were the joint owners of that certain house and lot and all improvements thereupon situated at 5845 Spring Tree Court, Enola, Pennsylvania (the "Marital Home"), and that they have sold the Marital Home, having received net proceeds from the sale in the amount of approximately $159,016. The parties agree to divide the proceeds from the sale of the Marital Home equally on or before the date of the execution of this Agreement. 5.2. Cash Payment from Husband to Wife. In consideration of all of the promises and covenants set forth in this Agreement, Husband agrees to pay Wife the sum of Fifty Four Thousand, Eight Hundred and Eighty Six Dollars ($54,886) on or before the execution date of this Agreement. 5.3. Personal Property. Husband and Wife do hereby acknowledge that they have previously divided their tangible personal property including, but without limitation, jewelry, clothes, furniture, furnishings, rugs, carpets, household equipment and appliances, pictures, books, works of art and other personal property. Wife agrees that all of the property in the possession of Husband shall be the sole and separate property of Husband; and Husband agrees that all of the 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 any claims that either may have with respect to the above items, which shall hereafter be the sole and exclusive property of the other. 5.4. Separate Assets. -5- 5.4.1. Release: The parties hereby agree that as to each of their separate assets, as that term is defined herein, the party not having title to or possession of any particular separate asset hereby waives, releases, relinquishes and forever abandons any and all claim therein, and acknowledges that hereafter the party having title to or possession of a separate asset is the sole and exclusive owner thereof. 5.4.2. Limitation to Assets Disclosed. The above release is subject to the proviso that it shall be effective only as to those assets disclosed to the other party, although such assets need not be specifically named or disposed of in this Agreement. Neither party intends by the execution hereof to release any claim which he or she may have in assets which have not been disclosed. 5.4.3. Definition: The term "separate asset" is defined for purposes of this Agreement as designating any asset of any kind (whether real, personal or mixed, tangible or intangible), which is presently titled either in the sole name of a party hereto or jointly with one of the parties hereto and a third party or parties. The term also includes any untitled asset which is presently in the sole possession of one of the parties hereto. The term shall further include any business interests owned by either party, whether individually or together with a third party or parties. 5.5. Property of Wife. The parties agree that Wife shall own, possess, and enjoy, free from any claim of Husband, the property awarded to her by the terms of this Agreement. Husband hereby quitclaims, assigns and conveys to Wife all such property, and waives and relinquishes any and all rights thereto, together with any insurance policies covering that property, and any escrow accounts relating to that -6- property. This Agreement shall constitute a sufficient bill of sale to evidence the transfer of any and all rights in such property from Husband to Wife. 5.6. Property of Husband. The parties agree that Husband shall own, possess, and enjoy, free from any claim of Wife, the property awarded to him by the terms of this Agreement. Wife hereby quitclaims, assigns and conveys to Husband all such property, and waives and relinquishes any and all rights thereto, together with any insurance policies covering that property, and any escrow accounts relating to that property. This Agreement shall constitute a sufficient bill of sale to evidence the transfer of any and all rights in such property from Wife to Husband. 5.7. Consideration of Equitable Distribution in Future Hearings. The parties specifically acknowledge their intent that all transfers of property, including any increase in value of these assets, shall be excluded from income and shall not be given any consideration whatsoever in any proceeding involving the payment of child support, spousal support, alimony pendente lite, maintenance or alimony. The parties acknowledge that the distributions under this paragraph are for equitable distribution of assets and that utilizing these assets or any increase in value of these assets in any manner in the calculation of income is inappropriate. 5.8. Assumption of Encumbrances. Unless otherwise provided herein, each party hereby assumes the debts, encumbrances, taxes and liens on all of the property each will hold subsequent to the date of this Agreement, and each party agrees to indemnify and hold harmless the other party and his or her property from any claim or liability that the other party will suffer or may be required to pay because of -7- such debts, encumbrances or liens. Each party in possession of property to be awarded to the other party warrants that all dues, fees, assessments, mortgages, taxes, insurance payments and the like attendant to such property are current, or if not current, notice of any arrearage or deficiency has been given to the receiving party prior to the execution of this Agreement. 5.9. Taxes. By this Agreement, the parties have intended to effectuate and equitably divide their marital property. The parties have determined that such division conforms to a right and just standard with regard to the rights of each party. Except as may be otherwise expressly provided herein, the division of existing marital property is not intended by the parties to constitute in any way a sale or exchange of assets, and the division is being effected without the introduction of outside funds or other property not constituting a part of the marital estate. As a part of the division of the marital property and the marital settlement herein contained, each party shall receive each item of property at the tax basis that existed for the item immediately before the execution of this Agreement, and that this Agreement is not intended to affect the tax basis or tax status for the property received by the party. The parties agree to save and hold each other harmless from all income taxes assessed against the other resulting from the division of the property as herein provided. The parties acknowledge that they have filed various joint income tax returns during the course of their marriage. In filing each such return, each party has relied exclusively upon the other party to provide truthful and accurate information relating to the other party's employment income, business income or deductions, or -8- income from any other source. In the event that any additional taxes, penalties or interest are assessed as a result of any such joint return, the party responsible for under-reporting income or claiming any improper deduction shall indemnify and save the other party harmless from such tax liability, penalties, interest, attorney's fees or accountant's fees. 5.10. Liability Not Listed. Each party represents and warrants to the other that he or she has not incurred any debt, obligation or other liability, other than those described in this Agreement, on which the party is or may be liable. A liability not disclosed in this Agreement will be the sole responsibility of the party who has incurred or may hereafter incur it, and each party agrees to pay it as the same shall become due, and to indemnify and hold the other party and his or her property harmless from any and all such debts, obligations and liabilities. 5.11. Indemnification of Wife. If any claim, action or proceeding is hereafter initiated seeking to hold Wife liable for the debts or obligations assumed by Husband under this Agreement, Husband will, at his sole expense, defend Wife against any such claim, action or proceeding, whether or not well-founded, and indemnify her and her property against any damages or loss resulting therefrom, including, but not limited to, costs of court and attorney's fees incurred by Wife in connection therewith. 5.12. Indemnification of Husband. If any claim, action or proceeding is hereafter initiated seeking to hold Husband liable for the debts or obligations assumed by Wife under this Agreement, Wife will, at her sole expense, defend Husband against any such claim, action or proceeding, whether or not well-founded, and indemnify him -9- and his property against any damages or loss resulting therefrom, including, but not limited to, costs of court and attorney's fees incurred by Husband in connection therewith. 5.13. Warranty as to Future Obligations. Except as set forth in this Agreement, Husband and Wife each represents and warrants to the other that he or she has not in the past or will not at any time in the future incur or contract any debt, charge or liability for which the other, the other's legal representatives, property or estate may be responsible. From the date of execution of this Agreement, each party shall use only those credit cards and accounts for which that party is individually liable and the parties agree to cooperate in closing any remaining accounts that provide for joint liability. Each party hereby agrees to indemnify, save and hold the other and his or her property harmless from any liability, loss, cost or expense whatsoever incurred in the event of breach hereof. 5.14. Release of Claims. Wife and Husband acknowledge and agree that the property dispositions provided for herein constitute an equitable distribution of their assets and liabilities pursuant to Section 3502 of the Divorce Code. Wife and Husband hereby waive any right to division of their property except as provided for in this Agreement. Furthermore, except as otherwise provided for in this Agreement, each of the parties hereby specifically waives, releases, renounces and forever abandons any claim, right, title or interest whatsoever he or she may have in property transferred to the other party pursuant to this Agreement or identified in this Agreement as belonging to the other party, and each party agrees never to assert any claim to said -10- property or proceeds in the future. The parties hereby expressly release and relinquish, each to the other, every claim, demand, right and interest he or she may have in or against the other, or against his or her estate, together with any income or earnings thereon, arising from and during the marriage and of or from any other reason growing out of the marital relationship. However, neither party is released nor discharged from any obligation under this Agreement or any instrument or document executed pursuant to this Agreement. Husband and Wife shall hereafter own and enjoy independently of any claim or right of the other, all items of personal property, tangible or intangible, acquired by him or her from the date of execution of this Agreement with full power in him or her to dispose of the same as fully and effectively, in all respects and for all purposes, as though he or she were unmarried. 6. ALIMONY PAYMENTS. The parties agree that Husband shall pay Wife alimony in the amount of $333.33 per month for 36 consecutive months beginning with the month following the date of execution of this Agreement. Each payment shall be made on or before the 15th day of the month in which it is due. Said payment of alimony shall be non-modifiable unless agreed to in writing by the parties. The payments described in this Paragraph 6 shall be deductible by Husband and includible in the income of Wife. Therefore, it is the intention, understanding and agreement of the parties that the payments described in this Paragraph 6, to the extent permitted by law, shall constitute "alimony" as that term is defined in Section 71 of the Internal Revenue Code and that, accordingly, all such payments shall be includible in Wife's gross income and deductible by Husband for federal income tax purposes pursuant to Sections 71 -11- and 215 of the Internal Revenue Code. Wife must report payments received under this Paragraph in her gross income for federal and, if applicable, for local and state income tax purposes. Wife shall be solely responsible for income taxes with respect to those payments. If Wife should fail to report these payments on her tax returns, Wife shall exonerate and indemnify Husband against and hold Husband harmless from any expenses and/or liability, including reasonable counsel fees, arising from that failure. 7. LIFE INSURANCE. Husband shall name Wife as his partial irrevocable beneficiary on a term life insurance policy of Husband's choice to insure Wife's alimony payment identified in Paragraph 6 above. Said beneficiary designation shall be in a decreasing term amount with the amount in year one being $12,000.00, year 2 being $8,000.00 and year 3 being $4,000.00. Thereafter, Husband shall not be required to name Wife as his beneficiary on any policy insuring his life and Wife shall have no right, title or interest in and to any proceeds of any life insurance policy of Husband. 8. COUNSEL FEES, COSTS AND EXPENSES. Each party shall be responsible for his or her own legal fees, costs and expenses incurred in connection with their separation and/or the dissolution of their marriage. 9. WAIVER OF INHERITANCE RIGHTS. Effective upon the signing of this Agreement, Husband and Wife each waives all rights of inheritance in the estate of the other, any right to elect to take against the Will or any trust of the other or in which the other has an interest, and each of the parties waives any additional rights that said party has or may have by reason of their marriage, except the rights saved or created by the terms of this Agreement. This waiver shall be construed generally and shall include, but -12- not be limited, to a waiver of all rights provided under the laws of Pennsylvania, or any other jurisdiction, and shall include all rights under the Pennsylvania Divorce Code. 10. MODIFICATION. No modification, rescission, or amendment to this Agreement shall be effective unless in writing signed by each of the parties hereto. 11. SEVERABILITY. If any provision of this Agreement is held by a court of competent jurisdiction to be void, invalid or unenforceable, the remaining provisions hereof shall nevertheless survive and continue in full force and effect without being impaired or invalidated in any way. 12. BREACH. If either party hereto is in breach of any provision hereof, the other party shall have the right, at his or her election, to sue for damages for such breach, or seek such other remedies or relief as may be available to him or her. The non-breaching party shall be entitled to recover from the breaching party all reasonable costs, expenses and legal fees actually incurred in the enforcement of the rights of the non-breaching party. 13. WAIVER OF BREACH. The waiver by one party of any breach of this Agreement by the other party will not be deemed a waiver of any other provision of this Agreement. 14. NOTICE. Any notice to be given under this Agreement by either party to the other shall be in writing and may be affected by registered or certified mail, return receipt requested. Notice to Wife will be sufficient if made or addressed to the following: Mary Ellen Robinson 2905 Winchester Drive Apartment 507 Camp Hill, Pennsylvania 17011 -13- and to Husband, if made or addressed to the following: Jeffery L. Souder 9C Rockledge Drive Mechanicsburg, PA 17050-2799 Each party may change the address for notice to him or her by giving notice of that change in accordance with the provisions of this paragraph. 15. APPLICABLE LAW. All acts contemplated by this Agreement shall be construed and enforced under the laws of the Commonwealth of Pennsylvania. 16. DATE OF EXECUTION. The "date of execution" or "execution date" of this Agreement shall be defined as the date upon which the parties signed the Agreement if they do so on the same date, or if not on the same date, then the date on which the Agreement was signed by the last party to execute this Agreement. This Agreement shall become effective and binding upon both parties on the execution date. 17. EFFECT OF RECONCILIATION OR RECONCILIATION ATTEMPT. This Agreement shall remain in full force and effect even if the parties affect a reconciliation, cohabit as Husband and Wife or attempt to affect a reconciliation. This Agreement shall continue in full force and effect and there shall be no modification or waiver of any of the terms hereof unless the parties in writing execute a statement declaring this Agreement or any term of this Agreement to be null and void. 18. HEADINGS NOT PART OF AGREEMENT. Any headings preceding the text of the several paragraphs and subparagraphs hereof are inserted solely of convenience of reference and shall not constitute a part of this Agreement nor shall they affect its meaning, construction or effect. -14- 19. AGREEMENT BINDING ON PARTIES AND HEIRS. This Agreement, except as otherwise expressly provided herein, shall bind the parties hereto and their respective heirs, executors, administrators, legal representatives, assigns, and successors in any interest of the parties. 20. ENTIRE AGREEMENT. Each party acknowledges that he or she has carefully read this Agreement, including other documents to which it refers; that he or she has discussed its provisions with an attorney of his or her own choice, and has executed it voluntarily and in reliance upon his or her own attorney; and that this instrument expresses the entire agreement between the parties concerning the subjects it purports to cover and supersedes any and all prior agreements between the parties. This Agreement should be interpreted fairly and simply, and not strictly for or against either of the parties. 21. MUTUAL COOPERATION. Each party shall on demand execute and deliver to the other any deeds, bills of sale, assignments, consents to change of beneficiaries of insurance policies, tax returns, and other documents, and shall do or cause to be done every other act or thing that may be necessary or desirable to effectuate the provisions and purposes of this Agreement. If either party unreasonably fails on demand to comply with these provisions, that party shall pay to the other party all attorneys' fees, costs, and other expenses reasonably incurred as a result of such failure. 22. AGREEMENT NOT TO BE MERGED. This Agreement shall remain in full force and effect in the event of the parties' divorce. This Agreement shall not be -15- merged into said decree. The parties shall have the right to enforce this Agreement under the Divorce Code of 1980, as amended, and in addition, shall retain any remedies in law or in equity under this Agreement as an independent contract. Such remedies in law or equity are not waived or released by this Agreement. IN WITNESS WHEREOF, the parties hereto set their hands and seals on the dates of their acknowledgments. WITNESS WITNESS Mary en Robinson, Wife /I j L e ery . Souder, Husband -16- COMMONWEALTH OF PENNSYLVANIA COUNTY OF ?6Y-L BEFORE ME, the undersigned authority, on this day personally appeared MARY ELLEN ROBINSON, known to me to be the person who executed the foregoing instrument, and who acknowledged to me that she executed same for the purposes and considerations therein expressed. GIVEN UNDER MY HAND AND SEAL OF OFFICE this day of August, 2008. 4??IUZI LJLLL? Not Public COMMONWEALTH OF PENNSYLVANIA NokvW SSW Jeanette L Roberts Notary Pd* Dftburg Boro, York County My Commission E *km Aug. 22, 2010 Member. Pennsvivania Association of Notaries -17- COMMONWEALTH OF PENNSYLVANIA COUNTY OF ? DY BEFORE ME, the undersigned authority, on this day personally appeared JEFFERY L. SOUDER, known to me to be the person who executed the foregoing instrument, and who acknowledged to me that he executed same for the purposes and considerations therein expressed. GIVEN UNDER MY HAND AND SEAL OF OFFICE this day of August, 2008. a"zil ?' Not Public COMMONWEALTH OF PENNSYLVANIA Notarial Seal Jee heft L Roberts, Notary Public Dg tq Boro, York County My CDi1' On E*ires Aug. 22, 2010 Member, Pennsylvania Association of Notarles -18- C --{ law c? r? JEFFREY L. SOUDER, : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 07-7734 Civil Term MARY ELLEN ROBINSON, : CIVIL ACTION - LAW Defendant : IN DIVORCE AFFIDAVIT OF CONSENT 1. A complaint in Divorce under §3301(c) of the Divorce Code was filed on December 27, 2007. 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety (90) days have elapsed from the date of filing and service of the Complaint. 3. I consent to the entry of a final decree of divorce 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 made herein are subject to the penalties of 18 Pa. C.S. §4904 relating to unsworn falsification to authorities. ??10Lo 0e ?4•?-- Date Mary E Wen Robinson Defendant ? ?st ??? ?„ ? F r zw i ?-`e ? ?e.. j L... ?? ? ?? r.• ?/ ^'{? JEFFREY L. SOUDER, : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 07-7734 Civil Term MARY ELLEN ROBINSON, : CIVIL ACTION - LAW Defendant : IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER SECTION 3301(c) OF THE DIVORCE CODE 1. I consent to the entry 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. I understand that false statements made herein are subject to the penalties of 18 Pa. C.S. §4904 relating to unsworn falsification to authorities. Date Mary El n Robinson Defendant rn JEFFREY L. SOUDER, : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 07-7734 Civil Term MARY ELLEN ROBINSON, : CIVIL ACTION - LAW Defendant : IN DIVORCE AFFIDAVIT OF CONSENT 1. A complaint in Divorce under §3301(c) of the Divorce Code was filed on December 27, 2007. 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety (90) days have elapsed from the date of filing and service of the Complaint. 3. I consent to the entry of a final decree of divorce 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 made herein are subject to the penalties of 18 Pa. C.S. §4904 relating to unsworn falsification to authorities. Da (e /iffryL. Souder Plaintiff C ? c 4 .i ?r w"" -- JEFFREY L. SOLIDER, : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 07-7734 Civil Term MARY ELLEN ROBINSON, : CIVIL ACTION - LAW Defendant : IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER SECTION 3301(c) OF THE DIVORCE CODE 1. I consent to the entry 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. I understand that false statements made herein are subject to the penalties of 18 Pa. C.S. §4904 relating to unsworn falsification to authorities. Dat ey Souder 411aintifv 0 Cf 2 A- ?• JEFFERY L. SOUDER, : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 07-7734 Civil Term MARY ELLEN ROBINSON, : CIVIL ACTION - LAW Defendant : 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: Grounds for Divorce: Irretrievable breakdown under Section 3301(c). 2. Date and manner of service of the Complaint: Defendant's Counsel Accepted Service of the Complaint on January 17, 2008, said Acceptance of Service was filed with this Honorable Court on January 23, 2008. 3. Complete either Paragraph (a) or (b): (a) Date of execution of the Affidavit of Consent required by Section 3301(c) of the Divorce Code: By Plaintiff. August 5, 2008 ; By Defendant: August 5, 2008. (b) (1) 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 Plaintiffs Affidavit upon the Respondent: N/A. 4. Related claims pending: All related claims were settled by a Marital Settlement Agreement dated August 5, 2008 and is being filed simultaneously with this Praecipe to Transmit. JJ I f 5. Complete either (a) or (b): (a) Date and manner of service of the Notice of Intention to File Praecipe to Transmit Record, a copy of which is attached: (b) Date Plaintiff s Waiver of Notice in Section 3301(c) Divorce was filed with the Prothonotary: Being filed simultaneously with this Praeciue; Date Defendant's Waiver of Notice in Section 3301(c) Divorce was filed with the Prothonotary: Being filed simultaneously with this Praeciae. Respectfully submitted, COLGAN MARZZACCO LLC By: TimothyJf.-G@ 4arf esquire Attorney ID # 77944 130 West Church Street Suite 100 Dillsburg, PA 17019 Phone: (717) 502-5000 Dated: Fax: (717) 502-5050 g"?? ra P t 1-4 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY STATE OF PENNA. JEFFERY L. SOLIDER, „ Plaintiff VERSUS MARY ELLEN ROBINSON, Defendant No. 2007-7734 CIVIL TERM DECREE IN DIVORCE CA- /I: to Ink. A - AND NOW, IT IS ORDERED AND DECREED THAT JEFFERY L. SOUDER AND MARY ELLEN ROBINSON ARE DIVORCED FROM THE BONDS OF MATRIMONY. , PLAINTIFF, ,DEFENDANT, 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; The terms and provisions of the Marital Settlement Agreement signed by the parties and dated August 5, 2008 are hereby incorporated but not merged in the Decree of Divorce and remain binding up the parties. BY_ C ATTEST: J. PROTHONOTARY ??r? Tom' ? '/?'a"' ?? ?p.?/,8 r..