HomeMy WebLinkAbout08-0638ABRAHAM LAW OFFICES
45 East Main Street, Hummelstown, PA 17036
(717) 566-9380
JODI L. FERTAL
Plaintiff
V.
JONATHAN L. FERTAL
Defendant
: IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY, PENNSYLVANIA
:NO. 02- (oM C ivi I Ter-,
CIVIL ACTION - LAW
DIVORCE
NOTICE
YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set
forth in the following pages, you must take prompt action. You are warned that if you fail to do
so, the case may proceed without you and a decree in divorce or annulment may be entered
against you by the Court. A judgment may also be entered against you for any other claim or
relief requested in these papers by the Plaintiff. You may lose money or property or other rights
important to you, including custody or visitation of your children.
When the ground for 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
Court Administrator, 0 Floor, Cumberland County Courthouse, Carlisle, 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:
Court Administrator
4'h Floor, Cumberland County Courthouse
Carlisle, PA 17013
(717) 240-6200
JODI L. FERTAL : IN THE COURT OF COMMON PLEAS
Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA
V. : NO. 0 k- 6 3 F di?,J 7 .j
JONATHAN L. FERTAL : CIVIL ACTION - LAW
Defendant : DIVORCE
COMPLAINT
AND NOW, comes Plaintiff, Jodi L. Fertal, by and through her attorney, James W.
Abraham, Esquire, Abraham Law Offices, Hummelstown, Pennsylvania and files the following:
COUNT I - NO-FAULT DIVORCE
(Pursuant to 23 Pa.C.S. Section 3301(c))
1. Plaintiff, Jodi L. Fertal, is an adult individual who currently resides at 30 Roaring
Creek Court, Carlisle, Cumberland County, Pennsylvania, 17013.
2. Defendant, Jonathan L. Fertal, is an adult individual whose current address is
112 Lance Street, Ranson, West Virginia, 25438.
3. 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.
4. Plaintiff and Defendant were married on September 25, 1999 in Harrisburg,
Pennsylvania.
5. There have been no prior actions of divorce or for annulment between the
parties.
6. The marriage is irretrievably broken.
7. Plaintiff has been advised that counseling is available and that Plaintiff may
have the right to request that the Court require the parties to participate in counseling.
8. Plaintiff and Defendant are not members of the Armed Forces of the United States.
WHEREFORE, Plaintiff requests Your Honorable Court to enter a decree in divorce
dissolving the marriage.
COUNT H - INDIGNITIES
9. Paragraphs 1 through 8 are incorporated herein by reference.
10. Defendant has caused such indignities against Plaintiff which has made life
burdensome and intolerable for Plaintiff, the innocent and injured spouse.
WHEREFORE, Plaintiff respectfully requests Your Honorable Court to enter a decree in
divorce dissolving the marriage.
COUNT III - EQUITABLE DISTRIBITION
11. Paragraphs 1 through 10 are incorporated herein by reference.
12. Plaintiff and Defendant have accumulated real and personal property and
other assets during the course of the marriage, which are marital property and marital assets; as
well as debts during the marriage which are marital debts.
13. Plaintiff is entitled to the fair and equitable distribution of Plaintiff's
equitable share of said property and assets in accordance with the Divorce Code of Pennsylvania.
WHEREFORE, Plaintiff respectfully requests your Honorable Court to equitably
distribute the marital property and debts hereto.
COUNT IV - ALIMONY, ALIMONY PENDENTE LITE,
COUNSEL FEES & COSTS
14. Paragraphs 1 through 13 are incorporated herein by reference.
15. Plaintiff s income and/or earning capacity through appropriate employment
is substantially and significantly less than Defendant's income and/or earning capacity and has
been substantially and significantly less throughout the marriage.
16. Plaintiff has insufficient funds to support herself in accordance with the
standard of living and station of life which the parties established during the marriage through
appropriate employment; and Defendant's substantially higher income enables Defendant to
contribute to the support and maintenance of Plaintiff and to pay alimony in accordance with the
Divorce Code of Pennsylvania.
17. Plaintiff is without sufficient funds to support herself and is unable to
appropriately maintain herself during the course of this litigation and the pendency of this action;
and Defendant's substantially higher income enables Defendant to pay alimony pendente lite to
Plaintiff in accordance with the Divorce Code of Pennsylvania.
18. Plaintiff is without sufficient funds to retain and/or continue to retain counsel
to represent her in this matter; and without competent counsel, Plaintiff cannot adequately
prosecute her claims against Defendant and adequately litigate her rights in this matter; and
Defendant's substantially higher income enables Defendant to pay Plaintiff's attorney fees and
costs of the litigation hereto.
WHEREFORE, Plaintiff respectfully requests Your Honorable Court to award
Plaintiff alimony, alimony pendente lite, attorney fees and costs.
Respectfully sub 'tted:
James W. Abraham, Esq.
Abraham Law Offices
45 East Main Street
Hummelstown, PA 17036
(717) 566-9380
Attorney for Plaintiff,
Jodi L. Fertal
DATE: 1/30/08
VERIFICATION
I, JOO? the undersigned, hereby verify and
confirm that the foregoing document and the statements made therein are true and correct to the
best of my knowledge, information and belief. I further understand that any false statements
made herein are subject to the penalties of Title 18 Pa.C.S.A. Section 4904 relating to unworn
falsification to authorities.
DATE: r'- a2
CERTIFICATE OF SERVICE
I, James W. Abraham, Esquire, the undersigned, hereby certify that I have served a true
and correct copy of the foregoing document, by certified mail, upon the following person at the
following address on the date stated herein:
Jonathan L. Fertal
210 West Liberty Street
Charles Town, WV 25414
DATE: 1/30/08
James W. Abraham, Esquire
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JODI L. FERTAL : IN THE COURT OF COMMON PLEAS
Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA
V. : NO. 08 - 638 CIVIL TERM
JONATHAN L. FERTAL : CIVIL ACTION - LAW
Defendant : IN DIVORCE
AFFIDAVIT OF CONSENT
A Complaint in Divorce under Section 3301 (c) of the Divorce Code was filed on
January 30, 2008.
2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety (90) days
have elapsed from the date of service and filing 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 the 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
the unsworn falsification to authorities.
DATE: 09 C--Idi ? w
JODI Y. FERTAL, Plaintiff
WAIVER OF NOTICE OF INTENTION TO REQUEST
ENTRY OF 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 Waiver 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 the
unsworn falsification to authorities.
DATE:
5-IQ-0s ` ob,,w
JODI V. FERTAL, Plaintiff
J dT:
JODI L. FERTAL : IN THE COURT OF COMMON PLEAS
Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA
V. : NO. 08 - 638 CIVIL TERM
JONATHAN L. FERTAL : CIVIL ACTION - LAW
Defendant : IN DIVORCE
AFFIDAVIT OF CONSENT
1. A Complaint in Divorce under Section 3301 (c) of the Divorce Code was filed on
January 30, 2008.
2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety (90) days
have elapsed from the date of service and filing 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 the 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
the unsworn falsification to authorities.
DATE:
ATHAN L. FERTAL, Defendant
WAIVER OF NOTICE OF INTENTJON TO REQUEST
ENTRY OF DIVORCE DECREE UNDER SECTION MI[c) OF THE DIVORCE CODE
1. I consent to the entry of a final decree of divorce without notice.
2.1 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.
3.1 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 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 the
unworn falsification to authorities.
DATE:
JONATHAN L. FERTAL, Defendant
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JODI L. FERTAL
Plaintiff
V.
JONATHAN L. FERTAL
Defendant
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 08 - 638 CIVIL TERM
CIVIL ACTION - LAW
DIVORCE
AFFIDAVIT OF SERVICE
I, James W. Abraham, Esquire, the undersigned, as attorney for Plaintiff, Jodi L. Fertal,
in the above-captioned action, hereby affirm that the Complaint in Divorce filed herein, was
served upon Defendant, Jonathan L. Fertal, by certified mail on February 1, 2008, as verified by
the green return receipt card from the US Post Office, which is attached below:
¦ Complete items 1, 2, and 3. Also complete
Item 4 if fpstricted Delivery is desired.
¦ Print your name and address on the reverse
so that we can return the card to you.
¦ Attach this card to the back of the mailpfece,
or on the front If space permits.
1. Article Addressed to:
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A. Signature ? AM#
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B. Reoel d by (Printed Nerve) C. Da?,otpelQivery
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D. Is delivery address different from Item 11 ?'Yes
If YES, enter delivery address below: 13' 4o
3. service Type
ed Mail ? Express Mail
Registered ? Return Receipt for Merchandise
? Insured Mail ? C.O.D.
4. Restricted Delivery? (Extra Fee) ? Yes
7006 2150 0000 7638 5774
Ps Form 3811, February 2004 Domestic Retum Rrrceipt 102595 -02 M 1540 i
DATE: 6/5/08
James W. Abraham, Esquire
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JODI L. FERTAL : IN THE COURT OF COMMON PLEAS
Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA
V. : NO. 08 - 638 CIVIL TERM
JONATHAN L. FERTAL : CIVIL ACTION - LAW
Defendant : IN DIVORCE o
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MARITAL SETTLEMENT AGREEMENT
THIS AGREEMENT, made this IS?ff day of A7 , 2008, tj anV
between JODI L. FERTAL ("Wife"), of Carlisle, Pennsylvania, and JONATHAN L. FE*rAl '!
("Husband"), of Carlisle, Pennsylvania.
WITNESSETH
WHEREAS, the parties hereto are Husband and Wife, married on September 25, 1999 in
Harrisburg, Pennsylvania.
WHEREAS, diverse, unhappy differences, disputes and difficulties have arisen between the
parties and it is the intention of Husband and Wife to live separate and apart for the
rest of their natural lives, and the parties hereto are desirous of settling fully and finally their
respective financial and property rights and obligations as between each other including,
without limitation by specification: the settling of all matters between them relating to the
ownership and equitable distribution of real and personal property, and the settling of any and all
claims and possible claims by one against the other or against their respective estates, as well as
any other matters related hereto.
NOW THEREFORE, in consideration of the mutual promises, covenants and undertakings
hereinafter set forth and for other good and valuable consideration, receipt of which is hereby
acknowledged by each of the parties hereto, Husband and Wife, each intending to be legally bound
hereby, covenant and agree as follows:
AGREEMENT NOT A BAR TO DIVORCE PROCEEDINGS:
This Agreement shall not be considered to affect or bar the right of Husband and Wife to an
absolute divorce on lawful grounds if such grounds now exist or shall hereafter exist or to
such defense as may be available to either party. This Agreement is not intended to condone and
shall not be deemed to be a condonation on the part of either party hereto of any act or acts
on the part of the other party which have occasioned the disputes or unhappy differences which
may occur subsequent to the date hereof. The parties intend to secure a mutual consent, no-fault
divorce pursuant to the terms of Section 3301(c) of the Divorce Code of 1980, as amended February
12,1988.
2. EFFECT OF DIVORCE DECREE:
The parties agree that unless otherwise specifically provided herein, this Agreement shall
continue in full force and effect after such time as a final decree in divorce may be entered with
respect to the parties. The parties agree that in the event of absolute divorce between them, they
shall nonetheless continue to be bound by all the terms of this Agreement.
3. DATE OF EXECUTION:
The "date of execution" or "execution date" of this Agreement shall be defined as the date
of execution by the party last executing this Agreement.
4. DISTRIBUTION DATE:
The transfer of property, funds and/or documents provided for herein shall only take place
on the "distribution date" which shall be defined as the date of execution of this Agreement, unless
otherwise specified herein.
5. CONSENT OF PARTIES/ADVICE OF COUNSEL:
Husband and Wife acknowledge that they fully understand the facts as to their legal rights
and obligations under this Agreement. Husband and Wife acknowledge and accept that this
Agreement is, under the circumstances, fair and equitable and that it is being entered into freely and
voluntarily, and that the execution of this Agreement is not the result of any collusion or improper
or illegal agreement or agreements. Husband and Wife acknowledge that they have each had the
opportunity to have this Agreement reviewed by an attorney and/or have done so, prior to signing.
6. FINANCIAL DISCLOSURE:
The parties acknowledge, confirm and verify that each has relied on the substantial accuracy
of the financial disclosure of the other, except as set forth herein as an inducement to the execution
of this Agreement. In the event Husband or Wife has failed to disclose any information regarding
any marital asset and/or marital debt, the parties' reserve the right to equitable distribution of said
marital asset(s) and/or debt(s), even after the entry of a decree in divorce; and further reserve any
other rights which may arise from said non-disclosure, even after the entry of a decree in divorce.
7. PERSONAL PROPERTY:
Husband and Wife agree that Wife shall have and keep as her sole and separate property,
the 1999 Lexus automobile. Except as otherwise stated herein, the parties agree that any and all
other personal property, including personal belongings and household furnishings, has been divided
to the parties' mutual satisfaction and neither party shall make a claim against the property in the
other's possession.
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$. REAL PROPERTY:
Husband and Wife hereby agree that the former marital residence, located at 30 Roaring
Creek Court, Carlisle, Pennsylvania, is marital property. Husband and Wife agree that said
residence shall be sold at fair market value and that Wife shall receive fifty (50%) percent of the net
sales proceeds and Husband shall receive fifty (50%) percent of the net sales proceeds.
Husband further agrees to pay to Wife's sister, Lori M. Miller, the amount of Five
Thousand ($5,000.00) Dollars as payment for the business loan provided to Husband by Lori M.
Miller, directly from Husband's fifty (50%) percent of the net sales proceeds from the sale of the
marital residence. Said payment shall be made at the time of sale of the property or within three (3)
business days thereafter.
Pending the refinancing or sale of the aforesaid property, Husband and Wife shall be
equally responsible for payment of the mortgage, taxes and insurance on the property and shall hold
each other harmless and indemnify the other as to any default.
9. FINANCIAL ACCOUNTS:
Husband and Wife agree that Husband shall transfer, by "roll over", Thirty Four Thousand
($34,000.00) Dollars from Husband's American Funds IRA into Wife's American Finds IRA.
Husband and Wife agree to forever waive any and all past, present or future, legal or equitable
interest in any other financial account in the other's name.
10. ALIMONY:
Husband and Wife agree that Husband shall pay to Wife the amount of Three Hundred Fifty
($350.00) Dollars per month in alimony beginning one (1) month after the sale of the marital
residence, for a period of three (3) years. The amount and term of alimony shall be non-modifiable.
The alimony shall otherwise terminate upon the death, re-marriage or cohabitation of Wife. The
alimony shall be declared as income to Wife and shall be deductible to Husband for federal income
tax purposes. Husband shall make monthly payments directly to Wife. Said payments shall be
received by Wife on or before the 1" day of each month. In the event Husband fails to timely make
said payments, Wife reserves the right to proceed to the Office of Domestic Relations for payment
of the alimony through said Office.
11. PENSION & RETIREMENT BENEFITS:
Husband and Wife agree that each shall forever waive any and all past, present or future,
legal or equitable interest in the other's pension and/or retirement benefits or any other financial
accounts, which either party has through their respective employer or otherwise, including but not
limited to, Wife's pension and/o retirement benefits through her employment with Buchanan,
Ingersoll & Rooney, and neither party shall make any claim against the other's pension or
retirement benefits at any time.
12. DEBTS:
Husband hereby agrees that Husband shall be solely and exclusively responsible for any and
all personal or company loans, liens, mortgages and/or debts of any kind which in any way relate to
Husband's restaurant in Charles Town, West Virginia, named CW Tiffins and/or the business
interest Husband has in said restaurant and/or Husband's interest in Liberty Street Enterprises, LLC
as well as in Jon Daniels, LLC, including but not limited to, Husband's CHASE, American Express
and Bank of America credit card accounts. Husband hereby represents that there are no assets
available from said restaurant and/or the business interest Husband has in said restaurant and/or
LLCs for purposes of equitable distribution and Wife hereby reserves her equitable interest in any
such assets. Husband agrees to hold Wife harmless and indemnify Wife as to any of the aforesaid
debts of Husband.
The parties further agree that each shall be solely and exclusively responsible for any and
all debts in their individual name and/or joint debts with some other person or entity, including but
not limited to, credit cards, charge accounts and personal loans. Husband and Wife agree to hold
each other harmless and indemnify the other as to any such debts.
13. BANKRUPTCY:
Husband and Wife agree that in the event that either party becomes a debtor in bankruptcy
or financial reorganization proceedings of any kind while any obligations remain to be performed
by that party for the benefit of the other party pursuant to the provisions of this Agreement, the
debtor spouse hereby waives, releases and relinquishes any right to claim any exemption (whether
granted under state or federal law) to any property remaining in the debtor as a defense to any claim
made pursuant hereto by the creditor spouse. Debtor-spouse hereby assigns, transfers and conveys
to the creditor-spouse an interest in all of the debtor's exempt property sufficient to meet all
obligations to the creditor-spouse as set forth herein, including all attorney fees and costs incurred
in the enforcement of this paragraph or any provisions of this Agreement. No obligations created
by this Agreement shall be discharged or dischargeable, regardless of federal or state law to the
contrary and each party waives any and all right to assert that any obligation created by this
Agreement is discharged or dischargeable.
14. AFTER ACQUIRED PROPERTY:
Each of the parties shall own and enjoy, independently of any claims or right of the other,
all items of personal property, tangible or intangible, and/or real property, acquired by him or her,
after the date of final separation, on or about January 28, 2008, with full power in him or her to
dispose of the same as fully and effectively, in all respect and for all purposes, as though he or she
were unmarried.
4
15. WIFE'S DEBTS:
Wife represents and warrants to Husband that since the date of final separation, on or about
January 28, 2008, she has not contracted or incurred any debt or liability for which Husband or his
estate might be responsible and Wife further represents and warrants to Husband that she will not
ontract or incur any debt or liability after the execution of this Aunt for which Husband or his
estate might be responsible. Wife shall indemnify and save harmless Husband from any and all
claims or demands made against Husband by reason of debts or obligations incurred by Wife.
16. HUSBAND'S DEBTS:
Husband represents and warrants to Wife that since the date of final separation, on or about
January 28, 2008, he has not contracted or incurred any debt or liability for which Wife or her
estate might be responsible and Husband further represents and warrants to Wife that he will not
contract or incur any debt or liability after the execution of this Agreement for which Wife or her
estate might be responsible. Husband shall indemnify and save harmless Wife from any and all
claims or demands against Wife by reason of debts or obligations incurred by Husband.
17. WAIVER OF RIGHTS:
Except as otherwise stated herein, the parties hereto fully understand their rights under and
pursuant to the Divorce Code, Act of 1980, as Amended February 12,1988, particularly as to
alimony pendente lite, spousal support, equitable distribution of marital property, attorney fees and
expenses. Both parties agree that this Agreement shall conclusively provide for the distribution of
property under the said law the parties hereby waive, release and forever relinquish any further
rights they may respectively have against the other for equitable distribution of marital property,
attorney fees and expenses.
18. PERSONAL RIGHTS:
Husband and Wife may and shall, at all times hereafter, live separate and apart. They shall
be free from any control, restraint, interference or authority, direct or indirect, by the other in all
respects as fully as if they were unmarried. They may reside at such place or places as they may
select. Each may, for his or her separate use or benefit, engage in any business, occupation,
profession or employment which to him or her may seem advisable. 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 cohabitate or dwell by any means or in any manner whatsoever with
him or her.
19. MUTUAL RELEASE:
Except as otherwise stated herein, Husband and Wife each hereby mutually remise, release,
quitclaim and forever discharge the other and the estate of each other, for all time to come, and
for all purposes whatsoever, of and from any and all rights, title and interests, or claims in or
against the property (including income and gain from property hereafter accruing) of the other or
against the estate of each other, of whatever nature and wheresoever situate, which he or she now
has or may have at any time in the future.
Husband and Wife each hereby further mutually remise, release, quitclaim, waive and
forever discharge the other and the estate of each other, for all time to come and for all purposes
whatsoever, of and from any and all rights which either party may have, or at any time hereafter
have, for past, present or future, equitable distribution of marital property, attorney 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 provision thereof.
It is the intention of Husband and Wife to give to each other by the execution of this
Agreement a full, complete and general release with respect to any and all property of any kind
or nature, real, personal or mixed, which the other now owns or may hereafter 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 provision thereof.
20.WAIVER OR MODIFICATION TO BE IN WRITING:
A modification or waiver of any of the terms of this Agreement shall be effective only if in
writing, signed by both parties and executed with the same formality as this Agreement. No waiver
of any breach hereof or default hereunder shall be deemed a waiver of any subsequent default of
the same or similar nature.
21. MUTUAL COOPERATION:
Each party shall, at any time and from time to time hereafter, take any and an steps and
execute, acknowledge and deliver to the other party, any and all future instruments and/or
documents that the other party may reasonably require for that purpose of giving full force and
effect to the provisions of this Agreement.
22. INTEGRATION:
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.
23. AGREEMENT BINDING ON HEIRS:
This Agreement shall be binding and shall inure to the benefit of the parties hereto and their
respective legatees, devises, heirs, executors, administrators, successors and assigns in the interest
of the parties.
6
24. OTHER DOCUMENTATION:
Wife and Husband covenant and agree that they will forthwith and within thirty (30) days
after demand or due date, execute any and all written instruments, assignments, releases,
satisfactions, duds, notes, stock certificates, or such other writings as may be necessary or
desifable 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 Agreement.
25. 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 Agreement shall in no way affect the right of such
party hereafter to enforce the same, nor shall the 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.
26. BREACH:
Neither party breaches any provision of this Agreement, the other party shall have the
rights, at his or her election, to sue in law or in equity to enforce any rights and remedies which
the party may have, and the party breaching this Agreement shall be responsible for payment of
attorney fees and all costs incurred by the other in enforcing his or her rights under this
Agreement.
27. SEVERABILITY:
If any tenh. condition, clause or provisions 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 obligations under any one or more of the provisions herein, with the exception of
the satisfaction of the conditions precedent, shall in no way avoid or alter the
remaining obligations of the parties.
28. LAW OF PENNSYLVANIA APPLICABLE:
This Agreement shall be construed in accordance with the laws of the Commonwealth of
Pennsylvania.
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29. HEADINGS NOT PART OF AGREEMENT:
Any headings preceding the text of the several paragraphs/provisions and subparagraphs
hereof, are inserted solely for convenience of reference and shall not constitute a part of this
Agreement nor shall they affect its meaning, construction or effect.
30. DIVORCE:
The parties hereto agree that their marriage is irretrievably broken, and subsequent to the
filing of a Complaint in Divorce, both parties agree to enter into a mutual consent divorce under
Section 3301(c) of the Pennsylvania Divorce Code of 1980, as amended February 12,1988. The
parties further agree to sign the necessary documents, including the Affidavit of Consent
and Waiver, at such a time after the ninety (90) days of the filing of the Complaint as either party
May request.
WITNESS WHEREOF, the parties hereto, have set their hands and seals the day and year
first above written.
Witness:
AX_
JO L. FERTAL
ONATHAN L. FERTAL
8
COMMONWEALTH OF PENNSYLVANIA
SS:
COUNTY OF
On this day of (-\fl\ ?!; 1 , 2008, before me, the
subscriber, a Notary Public, in and for the said Commonwealth and County, came the above-named
person, Jodi L. Fertal , satisfactorily proven to me to be the person whose name is subscribed to
the within instrument and acknowledged that she executed the same for the purposes stated herein
contained and that such instrument may be filed and/or recorded.
WITNESS my hand and Notarial seal.
NOTARY PVBLIC
MY CO SSION EXPIRES: coMM2-NMZ LM OFMN.Nmv?wu
4 k a FI M SEAL
&JZAWN Fubh
Mot CM&
15, 2
STATE OF
SS:
COUNTY OF e..
On this day of _/ 4 eA ,2008, before me, the
subscriber, Notary Public, in and for the said Commonwealth and County, came the above-named
person, Jonathan L. Fatal , satisfactorily proven to me to be the person whose name is subscribed
to the within instrument and acknowledged that he executed the same for the purpose herein
contained and that such instrument may be filed and/or recorded.
WITNESS my hand and Notarial Seal.
NOTARY PUBLIC
MY COMMISSION EXPIRES:
OFFICIAL SEAL
Notat y Public, State 0f WestVirginia
1.1 RACHEL M.HENDRICKS
25 Battle View Terrace
Charles Town, WV 25414
?My Commission Expires May 10, 2014
ABRAHAM LAW OFFICES
45 East Main Street, Hummelstown, PA 17036
(717) 566-9380
JODI L. FERTAL : IN THE COURT OF COMMON PLEAS
Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA
V. : NO. 08 - 638 CIVIL TERM
JONATHAN L. FERTAL : CIVIL ACTION - LAW
Defendant : DIVORCE
PRAECIPE TO TRANSMIT RECORD
TO THE PROTHONOTARY:
Transmit the Record, together with the following information, to the Court for the entry
of a divorce decree:
1. Ground for Divorce: irretrievable breakdown under Section (x) 3301(c)
( ) 3301(d)(1) of the Divorce Code.
2. Date and manner of service of the Complaint: February 1, 2008; see
attached Affidavit of Service.
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 on 5/12/08; and by Defendant on 5/8/08.
(b)(1) Date of execution of the affidavit required by Section 3301(d) of the
Divorce Code:
(2) Date of filing and service of plaintiff s affidavit upon the Defendant
4. Related claims pending: None pursuant to May 15, 2008 Marital Settlement
Agreement.
Complete either paragraph (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 was filed with the Prothonotary: 5/19/08.
(c) Date Defendant's Waiver of Notice was filed with the Prothonotary: 5/19/08.
Respectfully miffed:
James W. Abraham, Esquire
Abraham Law Offices
45 East Main Street
Hummelstown, PA 17036
(717) 566-9380
DATE: 6/5/08 Attorney for Plaintiff, Jodi L. Fertal
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IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY
STATE OF PENNA.
JODI L. FERTAL
VERSUS
JONATHAN L. FERTAL
DIVORCE
No. 08 - 638
DECREE IN
AND NOW, ?NOy?tt... to 2008 , IT IS ORDERED AND
DECREED THAT
JODI L. FERTAL
, PLAINTIFF,
AND
JONATHAN L. FERTAL
ARE DIVORCED FROM THE BONDS OF MATRIMONY.
, DEFENDANT,
THE COURT RETAINS JURISDICTION OF THE FOLLOWING CLAIMS WHICH HAVE
BEEN RAISED OF RE RD IN THIS ACTION FOR WHICH A FINAL ORDER HAS NOT
YET BEEN ENTERED;k;DAQ
The Marital Settlement Agreement dated May 15, 2008, attached hereto, shall
be incorporated, but shall not merge, into
BY T,I'4E COU
ATTEST:
ivorce.
J.
PROTHONOTARY
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