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HomeMy WebLinkAbout08-0704i NANCY RAJCHEL, Plaintiff, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA vs. :NO. D9- 761 C ivi l Tier JEFFREY L. RAJCHEL, CIVIL ACTION - LAW Defendant. IN DIVORCE N O T I C E TO DEFEND AND CLAIM RIGHTS YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set forth in the following pages, you must take prompt action. You are warned that if you fail to do so, the case may proceed without you and a decree of divorce or annulment may be entered against you by the court. A judgment may also be entered against you for any other claim or relief requested in these papers by the plaintiff. You may lose money or property or other rights important to you, including custody or visitation of your children. When the ground for the divorce is indignities or irretrievable breakdown of the marriage, you may request marriage counseling. A list of marriage counselors is available in the Office of the Prothonotary at Domestic Relations Office, 13 North Hanover Street, Carlisle, Pennsylvania 17013. IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY, LAWYER'S FEES OR EXPENSES BEFORE A DIVORCE OR ANNULMENT IS GRANTED, YOU MAY LOSE THE RIGHT TO CLAIM ANY OF THEM. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. CUMBERLAND COUNTY BAR ASSOCIATION 32 SOUTH BEDFORD STREET CARLISLE, PA 17013 s. NANCY RAJCHEL, Plaintiff, vs. JEFFREY L. RAJCHEL, Defendant. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA NO. ?- 70`f C ;d T.?... CIVIL ACTION - LAW IN DIVORCE NOTICE OF AVAILABILITY OF COUNSELING TO THE WITHIN-NAMED DEFENDANT: You have been named as the Defendant in a Complaint in a divorce proceeding filed in the Court of Common Pleas of Cumberland County. This notice is to advise you that in accordance with § 3302(d) of the Divorce Code, you may request the court require you and your spouse to attend marriage counseling prior to a divorce being handed down by the court. A list of professional marriage counselors is available at the Domestic Relations Office, 13 North Hanover Street, Carlisle, Pennsylvania 17013. You are advised that this list is kept as a convenience to you and you are not bound to choose a counselor from this list. All necessary arrangements and the cost of counseling sessions are to be borne by you and your spouse. If you desire to pursue counseling, you must make your request for counseling within twenty days of the date on which you receive this notice. Failure to do so will constitute a waiver of your right to request counseling. KOPE & ASSOCIATES, LLC BY: LESLEY J. BEAM, ESQ. ATTORNEY I.D. 91175 4660 Trindle Road, Suite 201 Camp Hill, PA 17011 (717) 761-7573 lbeam@kopelaw.com NANCY RAJCHEL, Plaintiff, vs. JEFFREY L. RAJCHEL, Defendant. Attorney for Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA NO. OF- 'joy CIVIL ACTION - LAW IN DIVORCE COMPLAINT IN DIVORCE AND NOW comes the above-named Plaintiff, NANCY RAJCHEL, by and through her attorney, LESLEY J. BEAM, ESQ., and makes the following Complaint in Divorce: 1. The Plaintiff is NANCY RAJCHEL, an adult individual who currently resides at 3807 Pamay Drive, Mechanicsburg, Cumberland County, Pennsylvania 17050. 2. The Defendant is JEFFREY L. RAJCHEL, an adult individual who currently resides at 6330 Run Cross Lane, Enola, Cumberland County, Pennsylvania 17013. 3. Both the Plaintiff and Defendant have been bona fide residents of the Commonwealth of Pennsylvania for at least six (6) months immediately previous to the filing of this Complaint. 4. The Plaintiff and Defendant were married on November 22, 1986, in Amarillo, Potter County, Texas. 5. The Parties separated on August 29, 2007, when Defendant moved out of the marital home. 6. Neither Plaintiff nor Defendant has been in the military service of the United States or its allies within the provisions of the Soldiers' and Sailors' Civil Relief Act of the Congress of 1940 and its amendments. 7. There has been no prior action for divorce or annulment instituted by either of the parties in this or any other jurisdiction. 8. Plaintiff has been advised of the availability of marriage counseling and the right to request that the Court require the parties to participate in counseling. COUNTI REQUEST FOR A NO-FAULT DIVORCE UNDER § 3301(c) OF THE DIVORCE CODE 9. The prior paragraphs of this Complaint are incorporated herein by reference as though set forth in full. 10. The marriage of the parties is irretrievably broken. WHEREFORE, if both parties file affidavits consenting to a divorce after (90) ninety days have elapsed from the date of service of this Complaint, Plaintiff respectfully requests that the Court enter a Decree of Divorce pursuant to § 3301(c) of the Divorce Code. 2 of 5 COUNT II REQUEST FOR A NO-FAULT DIVORCE UNDER § 3301(d) OF THE DIVORCE CODE 11. The prior paragraphs of this Complaint are incorporated herein by reference as though set forth in full. 12. The marriage of the parties is irretrievably broken. 13. The parties are living separate and apart, and at the appropriate time Plaintiff will submit an affidavit alleging that the Parties have lived separate and apart for at least two (2) years as specified in § 3301(d) of the Divorce Code. WHEREFORE, Plaintiff respectfully requests that the Court enter a Decree of Divorce pursuant to § 3301(d) of the Divorce Code. COUNT III REQUEST FOR EQUITABLE DISTRIBUTION OF MARITAL PROPERTY UNDER § 3502(a) OF THE DIVORCE CODE 14. The prior paragraphs of this Complaint are incorporated herein by reference as though set forth in full. 15. Plaintiff and Defendant have acquired marital property as defined by the Divorce Code, which is subject to equitable distribution pursuant to § 3502(a) of the Divorce Code. 16. Plaintiff and Defendant have been unable to agree to the equitable distribution of said property, as of the date of filing of this Complaint. 3 of 5 , _.. 17. Plaintiff requests that the Court equitably divide, distribute, or assign the marital property between the parties. WHEREFORE, Plaintiff respectfully requests that the Court enter an order of equitable distribution of marital property pursuant to § 3502(a) of the Divorce Code. COUNT IV ALIMONY 18. The prior paragraphs of this Complaint are incorporated herein by reference as though set forth in full. 19. Plaintiff does not have the means through her own earning capacity to maintain the standard of living the parties established during the marriage. 20. Plaintiff lacks sufficient property, including, but not limited to, any property distributed pursuant to the Divorce Code of 1980, as amended, to provide for her reasonable needs and that of her children. 21. Defendant maintains a substantial income that is greater than that income which Plaintiff receives. Defendant maintains substantial extramarital property from which he is more able to contribute to the support of Plaintiff post-divorce, in the form of alimony in accordance with the Divorce Code of Pennsylvania. WHEREFORE, Plaintiff respectfully requests that the Court enter an Order awarding Plaintiff from Defendant alimony in such sums as are reasonable and adequate to support and maintain Plaintiff. 4 of 5 COUNT V ALIMONY PENDENTE LITE, COUNSEL FEES AND COSTS 22. The prior paragraphs of this Complaint are incorporated herein by reference as though set forth in full. 23. By reason of the institution of the action to the above term and number, Plaintiff will be and has been put to considerable expense in the preparation of her case, in the employment of counsel, and the payment of costs. 24. Defendant's income is disproportionately higher than Plaintiffs income, and places Defendant in the position where he is able to better litigate the matter of the divorce as a result. WHEREFORE, Plaintiff respectfully requests that the Court grant an order upon Defendant compelling Defendant to pay Plaintiff alimony pendente lite, counsel fees and/or costs of litigation. Respectfully Submitted, KOPE ASSOCIATES Date: ®g F., ey J. a , Esq. 5 of5 Cry IS 11 . 2Q .ry "F4 7 _ ++ Y VERIFICATION 1. Nancy Rajchel. the Plaintiff in this matter, have read the foregoing Complaint. i verify that my a;rennents in this Complaint are true and correct and based upon my personal krwwiedge. ' understand that any false statements herein are made subject to the penalties of 18 Pa. C.S. § 4804 relating to unswrcrn falsifications to authorities. r 4 f ? Dated, Nan R c el J ilk, 9b 0 D a C7 0 n mc 7 :t> L N ?5 Ci7 lT'? KOPE & ASSOCIATES BY: LESLEY J. BEAM, ESQ. ATTORNEY I.D. 91175 4660 Trindle Road, Suite 201 Camp Hill, PA 17011 (717) 761-7573 Ibeam(ftopelaw.com NANCY RAJCHEL, Plaintiff, VS. JEFFREY L. RAJCHEL, Defendant. Attorney for Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA NO. 2008-704 CIVIL ACTION - LAW IN DIVORCE PRAECIPE TO REINSTATE COMPLAINT TO THE PROTHONOTARY: Kindly reinstate the Divorce Complaint in the above-captioned Civil Action for an additional thirty days. Respectfully Submitted, KOPE & ?PSOCITES, LLC B y L Y EAM, ESQ. Date: ?/ D? 40 K =0 .t d : J' O n c * 2 R> . i : 1 p 00 Iy ? ... ? M 00 00 ? 3 21 c.st cp P KOPE & ASSOCIATES, LLC BY: LESLEY J. BEAM, ESQ. ATTORNEY I.D. 91175 4660 Trindle Road, Suite 201 Camp Hill, PA 17011 (717) 761-7573 (beam@kopelaw.com NANCY RAJCHEL, Plaintiff, vs. JEFFREY L. RAJCHEL, Defendant. Attorney for Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PA : NO. 2008-704 : CIVIL ACTION - LAW : IN DIVORCE AFFIDAVIT AND RETURN OF SERVICE AND NOW comes Kope & Associates, LLC by LESLEY J. BEAM, attorney for Nancy Rajchel, Plaintiff, and states that service of the Divorce Complaint in this matter was made by Kope and Associates upon Defendant, Jeffrey L. Rajchel, by posting the same in the U.S. Mail, postage prepaid, at Camp Hill, PA by Certified Mail No. 7004 2510 0007 6450 1851, Return Receipt Requested on May 20, 2008, to his mailing address, at 2805 Old Post Road, Harrisburg, PA 17110 which mail was received by Defendant on May 22, 2008, all in accordance with PA.R.C.P. 412 and 403. The mailing receipt and the return receipt or true copies thereof of the acceptance of service bearing the signature of the Defendant are attached hereto and made part hereof, together with the cover letter mailed topefendant. . BEAM, Esq. for Plaintiff v ¦ Complete items 1, 2, and 3. Also complete ftem 4 if Restricted Delivery Is desired. ¦ I; rint your name and address on.the reverse so that we can return the card to you. ¦ Attach this card to the back of the mailpiece, or on the front If space permits. 1. Article Addressed to: ?. OA -e-, l?yf??ChQ? d ?e,vN 6-1 Qe Q P05 t ?e act S fr_ c ?- e_ G e--U i b u--t1 a X re ? Agent ? Addressee B. Received by ( ) C.,A,atotpeiiyeey D. Is,Selivery add from Item r 0 Yes cc..,?-jj????yy If YES, enter delivery address below: 0 No 3. Service Type 0 Cwditd Mail 0 Express Mail 0 Registered 0 Retum Receipt for Merchandise 0 Insured Mail 0 c.o.D. +,..,? 4. Restricted Delivery? (Extra Fee) p,? Yes 2. Article (dumber MWWW ft,,,samce ,f 7004 2510 0007 6450 1851 PS Form 3811, February 2004 Domestic Return Receipt 102sa5.02-Wi"O r-a L ro u-t OFFI CIAL. USI 0 L`ert W Fes C C3 r O HMO lX C C1 l)sAvsrlr Fee ReaMc6ed V ra ?Requked) Ln IU Total Poetape a Fees C3 SAW To or PO ftx Na of s> -d d....... --------------------- - M sftft MP.e yj n ! f I o V plo to ?F t NANCY L. RAJCHEL, :IN THE COURT OF COMMON PL S Plaintiff, : CUMBERLAND COUNTY, PA vs. NO. 2008-704 ` JEFFREY L. RAJCHEL, D f d CIVIL ACTION - LAW n ; e en ant. IN DIVORCE w MARITAL SEPARATION AGREEMENT 1. INTRODUCTORY PROVISION This Agreement is made by and between Nancy L. Rajchel of Cumberland County, Pennsylvania ("Wife") and Jeffrey L. Rajchel of Cumberland County, Pennsylvania ("Husband") 2. WHEREAS CLAUSES WHEREAS, the parties hereto are Husband and Wife, having been married on November 22, 1986, in Amarillo, Potter County, Texas; WHEREAS, certain differences exist between the parties and they have decided to permanently live separate and apart from each other and they intend by this Agreement to fully and finally settle all of their respective rights and obligations as between each other, including, but not necessarily limited to the settling of all interests, rights and/or obligations between them or their estates, whether arising out of their marriage, including, but not limited to: (a) the past, present and future support, alimony pendente lite, alimony or maintenance of either party by the other party; and (b) the ownership of all assets of whatever nature, including assets acquired by either party prior to or subsequent to the date of execution of this Agreement; G )? NLR J 1 of 31 3. CONSIDERATION NOW, THEREFORE, in consideration of the premises and of the mutual promises, covenants and undertakings set forth in this Agreement and for other good and valuable consideration, the receipt and adequacy of which is hereby acknowledged by each of the parties hereto, Husband and Wife, intending to be legally bound hereby, covenant and agree as follows: SECTION I GENERAL PROVISIONS 4. INCORPORATION OF PREAMBLE The recitals set forth in the Preamble of this Agreement are incorporated herein and made a part hereof as if fully set forth in the body of the Agreement. 5. DEFINITIONS A. Divorce Code. The phrase "Divorce Code" or "Code" shall be defined as Pennsylvania C.S.A.. Title 23, Section 101 et seq. (effective March 19, 1991). B. Date of Execution of This Agreement. The phrase "date of execution", "execution date" or "date of this Agreement" shall be defined as the date that the last party signs this Agreement. C. Date of Distribution. Except where indicated otherwise, the phrase "date of distribution" of this Agreement shall be defined as the earlier of the date of: (1) death of one of the parties; or (2) the thirty-first day subsequent to the date on which an initial divorce decree is entered without an appeal having been taken, or, if such an appeal has been taken, on the date of receipt of notice of final NLR 2 of 31 J 1 confirmation of the initial divorce decree by the appellate courts. If the distribution date falls on a date when the court which entered the decree in divorce or to which appeal was taken is closed for official business, then the distribution date shall be the next day on which that court is open for official business. D. Internal Revenue Code. The phrase "Internal Revenue Code" or "I.R.C." shall be defined as the Internal Revenue Code of 1986, as amended, or any successor statute thereto. References to sections of the Internal Revenue Code shall refer to sections of the Internal Revenue Code as of the date of execution of this Agreement. E. Asset. The word "Asset" shall be defined as anything of value, including, but not limited to, real and/or personal, tangible and/or intangible property and all financial interests however held. F. Effective Date of Agreement. This Agreement shall become effective and binding upon both parties on the execution date of this Agreement. 6. DIVORCE DECREE A. The parties acknowledge that their marriage is irretrievably broken and that they will secure a mutual consent, no-fault Divorce Decree in the above captioned divorce action. Wife has filed a divorce action in the Court of Common Pleas of Cumberland County, Pennsylvania, Civil Term, 2008, No. 2008-704, seeking a divorce decree pursuant to, among other provisions, Section 3301(c) of the Domestic Relations Code. The parties shall promptly file the affidavits and waivers required to obtain a divorce pursuant to § 3301(c) of the Domestic Relation Code. As defined in the Domestic Relations Code, the parties' marriage is irretrievably broken and they IL R 3 of 31 J do not desire marital counseling. The parties shall also take all legal steps (including, but not limited to, the timely and prompt submission of all documents and the execution of appropriate waivers of the right to file exceptions and of the right to file an appeal) necessary to ensure that a divorce pursuant to § 3301(c) of the Domestic Relations Code is entered as soon as possible/within one (1) month, but in any event not later than two (2) months from the date of execution of this Agreement. B. Responsibility for Proceeding with Divorce. Wife shall be responsible for the prompt filing of the Praecipe to Transmit the Record and the related required documents. Should Husband want a certified copy of the final divorce decree, Husband shall pay the required fee to secure that document. C. Withdrawal of Other Actions. The parties further shall take all legal steps necessary to ensure that all pending petitions and actions between the parties (including, but not limited to counterclaims or petitions for economic relief), except for the divorce action referred to in Paragraph 6.A. (to the extent necessary to obtain the divorce), are dismissed with prejudice as soon as possible and that no similar actions are instituted, except to the extent necessary to enforce the terms of this Agreement. D. Penalty for Delay. Notwithstanding the foregoing, if, after the execution of this Agreement, either party unreasonably delays or contests the obtaining of a final, unappealed divorce decree, that party shall exonerate and indemnify the other party against and hold the other party harmless from any liability and/or expense, including reasonable counsel fees, incurred as a result of such delay or contest in obtaining the decree. 7. EFFECT OF NO DIVORCE Except as otherwise provided for in this Agreement, this Agreement shall remain in IR J 4of31 full force and effect even if no final decree in divorce is entered. 8. EFFECT OF DIVORCE DECREE, INCORPORATION AND MERGER This Agreement shall continue in full force and effect after a final decree in divorce is entered in any jurisdiction, it shall survive and not merge into any such divorce, and its provisions shall not be affected by the entry of such a decree, surviving any such decree and remaining independent of any such decree. The terms of this Agreement shall be incorporated for enforcement purposes only, but not merged into the divorce decree. The Court entering the decree shall have all of the powers of enforcement, which, at the discretion of the non-breaching party, shall include, but not necessarily be limited to, all of the following: for breach of contract, under theories of equity, and under the Divorce Code, including under § 3105 (which includes contempt). The provisions of this Agreement shall not be modifiable for any reason. 9. ADVICE OF COUNSEL Wife has been represented by Lesley J. Beam, Esquire. Husband has chosen not to retain legal counsel and Husband has chosen instead to negotiate directly with Wife and Wife's counsel, notwithstanding the fact that counsel for Wife has advised him that he has an absolute right to be represented by counsel. Husband hereby acknowledges that he has done so willingly. Each party represents that he or she understands that, in the absence of this Agreement and as a matter of law: (1) as a surviving spouse, he or she might be entitled to a greater share in the decedent's estate than is provided for in this Agreement; and (2) as a separated and/or divorced spouse, he or she might be entitled to greater support, maintenance, alimony pendente lite, counsel fees, costs, alimony, distribution of property, or other financial benefits arising from the marital relationship than is provided for in this Agreement. 5 of 31 LR J 1 Notwithstanding the foregoing, the parties shall be bound by the terms of this Agreement. Each of the parties further acknowledges and agrees that, with such knowledge, and after having read this Agreement carefully and fully, this Agreement is fair, reasonable and equitable, that it is being entered into freely, voluntarily, and in good faith, and that its execution is not the result of any duress, undue influence, coercion, collusion and/or improper or illegal agreement. 10. FINANCIAL DISCLOSURE The parties confirm that each has relied on the substantial accuracy of the financial disclosure of the other as an inducement to the execution of this Agreement, and each party acknowledges that there has been disclosure of the parties' marital assets and debts and the parties' respective incomes. The parties agree to waive any further disclosure and proceed with a settlement of all financial assets and/or debts. 11. DISCLOSURE AND WAIVER OF PROCEDURAL RIGHTS Each party understands that he or she has the right: (1) to obtain from the other party a complete inventory or list of all of the property that either or both parties own at this time or owned as of the date of separation; (2) to have all such property valued by means of appraisals or otherwise; (3) to compulsory discovery to assist in the discovery and verification of facts relevant to their respective rights and obligations, including the right to question the other party under oath; and (4) to have a Court hold hearings and make decisions on the matters covered by this Agreement, which Court decision concerning the parties' respective rights and obligations might be different from the provisions of this Agreement. Given said understanding and acknowledgment, both parties hereby waive the foregoing procedural rights. LR J 6 of 31 12. BANKRUPTCY The parties hereby agree that the provisions of this Agreement shall not be dischargeable in bankruptcy and expressly agree to reaffirm any and all obligations contained herein. In the event a party files such bankruptcy and pursuant thereto obtains a discharge of any obligations assumed hereunder, the other party shall have the right to declare this Agreement to be null and void and to terminate this Agreement in which event the division of the parties' marital assets and all other rights determined by this Agreement shall be subject to Court determination the same as if this Agreement had never been executed by the parties. 13. MUTUAL RELEASES Except as otherwise expressly provided in this Agreement, Wife and Husband each do hereby mutually remise, release, quitclaim and forever discharge the other and the estate of such other, for all time to come, and for all purposes whatsoever, of and from the following: A. Claims Mainst Property or Estate: Any and all right, title, interest and/or claims in or against the other party, the property (including income and gain from property hereafter accruing) of the other or against the estate of the other, of whatever nature and wheresoever situated, which he or she now has or at any time hereafter may have against the other, the estate of such other party or the property of the other party or any part thereof, whether arising out of any former acts, contracts, engagements or liabilities of such other. B. Life Time Conveyances: The right to treat a lifetime conveyance by the other as testamentary, or all other rights of a surviving spouse to participate in a deceased spouse's estate, whether arising under the laws of (i) the Commonwealth of Pennsylvania, (ii) State, Commonwealth or Territory of the United States, or (iii) any other country; ??NLR 7 of 31 J C. Marital Rights: Any rights which either party may have or at any time hereafter have for past, present or future support or maintenance, alimony, alimony pendente lite, counsel fees, equitable distribution, costs or expenses, whether arising as a result of the marital relation or otherwise. D. Breach Exception: The foregoing shall not apply to 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 provisions thereof. 14. WAIVER OR MODIFICATION No modification or waiver of any of the terms hereof shall be valid unless in writing and signed by both parties and no waiver of any breach hereof or default hereunder shall be deemed a waiver of any subsequent default of the same or similar nature. 15. MUTUAL COOPERATION Each party shall, at any time, and from time to time hereafter, and within five (5) business days of request, take any and all steps and execute, acknowledge and deliver to the other party, any and all further instruments and/or documents that the other party may reasonably require for the purpose of giving full force and effect to the provisions of this Agreement. Z-V ? & 8 of 31 NLR JT 16. AGREEMENT BINDING ON HEIRS This Agreement shall be binding and shall inure to the benefit of the parties hereto and their respective heirs, executors, administrators, successors and assigns. 17. WAIVER OF INHERITANCE RIGHTS: Unless otherwise specifically provided in this Agreement, as of the execution date of this Agreement, the parties hereto waive all rights of inheritance in the estate of the other that he or she may have by virtue of the parties' marriage. The parties hereby waive any right to elect to take against the will or trust of the other that he or she may have by virtue of the parties' marriage. 18. 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. 19. BREACH If for any reason either Husband or Wife fails to perform his or her obligations owed to or for the benefit of the other party and/or otherwise breaches the terms of this Agreement, then the other party shall have the following rights and remedies: A. Divorce Code Remedies: The right to all remedies set forth in the Pennsylvania Divorce Code, 23 Pa.C.S. § 3502(e), and any additional rights and remedies that may hereafter be enacted by virtue of the amendment of said statute or replacement thereof by any other similar laws. B. Damages: The right to damages arising out of breach of the terms of L 9of31 this Agreement, which damages shall include reimbursement of all reasonable attorney's fees and costs incurred as the result of the breach and in bringing the damage action. C. Other Remedies: Any other remedies provided for in law or in equity. D. Consideration for Reasonable Attorneys Fees: Any award of "reasonable attorney's fees" as used in this paragraph shall be based on consideration of (1) the hourly rate charged; (2) the services rendered; and (3) the necessity of the services rendered. Determination of reasonableness shall not take into consideration the amount or nature of the obligation sought to be enforced or any possibility of settlement for less than the obligation sought to be enforced by the non-breaching party. E. Breach Notice: In the event of an alleged breach of any term of this Agreement, the aggrieved party shall provide written notice to the breaching party and his or her counsel of his or her intent to take action to enforce his or her rights under the Agreement and to remedy such breach. The breaching party shall have a period of five (5) days from the mailing of such notice to cure the alleged breach prior to the institution of any proceedings of any nature for enforcement of this Agreement. 20. INCOME TAX MATTERS With respect to income tax matters regarding the parties the following shall apply: A. Prior Returns: The parties have heretofore filed joint federal and state returns. Both parties agree that in the event any deficiency in federal, state or local income tax is proposed, or any assessment of any such tax is made against either of them arising out of such joint filing, the parties shall be responsible for payment of such tax and any interest, penalty or other expense arising therefrom in the following manner: Husband shall be responsible for payment of 10 of 31 NL J 2/3 of the total tax, interest, penalty and other expense arising therefrom, and Wife shall be responsible for payment of 1/3 of the total tax, interest, penalty and other expense arising therefrom. In the event that any refund is received after the execution of this Agreement, from any joint filing from a previous year, the parties hereby agree that the refund monies received shall be split equally between the two parties. B. Current Returns: The parties shall file individual tax returns for the current tax year and for every tax year hereafter. C. Preservation of Records: Each party will keep and preserve for a period of five (5) years from the date of their divorce all financial records relating to the marital estate, and each party will allow the other party access to those records as may be reasonably necessary from time to time. D. Dependency Exemptions: Wife shall be claiming head of household and shall receive the dependency exemptions for the parties' minor child Lauren E. Rajchel, for so long as such exemptions may be claimed pursuant to the Tax Code. Husband shall be entitled to claim any exemptions permissible under the Tax Code for the parties' adult child Todd M. Rajchel, for so long as such exemptions may be claimed pursuant to the Tax Code. 21. EFFECT OF RECONCILIATION This Agreement shall remain in full force and effect even if the parties reconcile, cohabit as Husband and Wife or otherwise, or attempt 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, signed by both parties, execute a statement declaring this Agreement or any term of this Agreement to be null and void. WNL R AJ 11 of 31 SECTION II EQUITABLE DISTRIBUTION OF PROPERTY 22. FINAL EQUITABLE DISTRIBUTION OF PROPERTY The parties agree that the division of all property and debts set forth in this Agreement is equitable and in the event an action in divorce has been or is hereafter commenced, both parties waive and relinquish the right to divide and distribute their assets and debts in any manner not consistent with the terms set forth herein and further waive and relinquish the right to have the Court equitably divide and distribute their marital assets and debts. It is further the intent, understanding and agreement of the parties that this Agreement is a full, final, complete and equitable property division. 23. DISTRIBUTION OF PROPERTY AND DEBTS The parties' assets and debts shall be divided and distributed as follows: A. Real Estate (1) 3807 Pamav Drive, Mechanicsburg, Pennsylvania 17050: Husband and Wife jointly own real estate, specifically a house and lot known and numbered as 3807 Pamay Drive, Mechanicsburg, Cumberland County, Pennsylvania 17050 (hereinafter the "Pamay residence"). As regards their joint interest therein the parties agree as follows: (a) As of the date of execution of this Agreement, Wife shall have the right of sole possession of the Pamay residence for all times forward. (b) Husband and Wife have already executed a deed transferring title of the Pamay residence into Wife's name alone. At 12 of 31 LR J present and for all times hereafter, Wife shall be the sole owner of the Pamay residence and shall be permitted to record that deed and take any other action with respect thereto that she deems appropriate. (c) There is presently outstanding against the Pamay residence a mortgage with Fulton Bank, under the names of Wife (hereinafter the "Pamay mortgage"). Commencing on the date of execution of this agreement, Wife shall be solely responsible for the timely payment of all future principal, interest and other fees due under the Pamay mortgage. (d) Husband shall not take any additional debt on the premises from the date of execution of this Agreement and forward, including but not limited to additional mortgages, or additional lines of credit. Husband hereby agrees that any debts which he took on the Pamay residence without the knowledge of Wife shall be his sole responsibility and liability, and shall indemnify and defend Wife against said debt. (2) 6330 Run Cross Lane, Enola PA 17013• Husband owns real estate, specifically a house and lot known and numbered as 6330 Run Cross Lane, Enola, Cumberland County, Pennsylvania 17013 (hereinafter the "Run Cross residence"), which real estate was purchased during the marriage and thus constitutes a marital asset. As regards their joint interest therein the parties agree as follows: (a) As of the date of execution of this Agreement, Husband shall have the right of sole possession of the Run Cross residence for all times forward. 13 of 31 I4LRJ (b) Commencing on the execution date of this Agreement, and without regard to when bills for such items are incurred, received or due, Husband shall be solely responsible for all past, present, or future costs or liabilities associated with or attributable to maintaining the Run Cross residence, including, but not limited to, all real estate taxes, water and sewer bills, gas, electric and telephone service, homeowners insurance, and gardening expenses and repairs. (c) There is presently outstanding against this Run Cross residence a mortgage in the name of Husband alone (hereinafter the "Run Cross mortgage"). Commencing on the date of execution of this agreement, Husband shall be solely responsible for the timely payment of all future principal, interest and other fees due under the Run Cross mortgage. (d) Husband shall indemnify and hold Wife harmless from any liability, cost or expense, including attorneys' fees, incurred subsequent to the execution date of this Agreement in connection with any expense required to be made by Husband including, but not necessarily limited to, the mortgages, property taxes, and insurance with respect to the aforesaid Run Cross residence. B. Personal Property: The parties' tangible personal property including, but without limitation with specific reference to, jewelry, clothes, furniture, furnishings, rugs, carpets, household equipment and appliances, tools, pictures, 14 of 31 LR books, works of art and other personal property ("the Personal Property") shall be divided and distributed as follows: (1) To Wife: All personal property currently in Wife's possession, including all property currently located at the Pamay Residence, excluding any personal property which Wife agrees to give to Husband. (2) Wife hereby agrees to pack all items which she agrees to give to Husband from the Pamay residence, and shall place those items in the garage for Husband's retrieval. Wife will notify Husband when the items are ready for removal. If Husband has not removed the items boxed for his possession within thirty (30) days of the date of notice that those items are ready for removal, he forfeits any ownership rights to those possessions, and Wife shall be entitled to dispose of them as she sees fit. Under no circumstances shall Husband enter the residence at any point to remove items. Husband can only remove such items boxed for his retrieval which are placed in the garage and only upon notification from Wife that the items are ready to be retrieved. Husband shall further notify Wife at least 24 hours in advance of the date and time when he will be coming to retrieve the boxed items. (3) To Husband: All personal property currently in Husband's possession, including all property currently located at the Run Cross residence, and those items which Wife agrees to give to Husband according to the terms of Paragraph 22.6.(2). C. Vehicle(s)and Vehicle Loan(s): The parties' vehicles (which shall be defined to include automobiles, boats, snowmobiles, motorcycles, trailers, campers and the like) owned by one or both of the parties, and loans associated therewith, shall be divided and distributed as follows: LR 15 of 31 (1) To Wife: Wife shall receive the parties' 2006 Lexus 300 GS, which vehicle is currently held in her name alone and is paid for in full. '( NLR J (2) To Husband: Husband shall receive the parties' 2002 Mercedes- Benz C320, which vehicle is currently held in his name alone, and is paid for in full, and any other vehicle which he has obtained after the date of separation, including but not limited to his new Lexus. (3) Wife and Husband shall transfer title of the 2003 Toyota Celica currently held in their names into the name of their adult son, Todd M. Rajchel, and said vehicle shall be his sole and exclusive property. Husband shall pay any costs associated with the transfer of title. (4) The parties are responsible for securing and maintaining their own automobile insurance on the vehicles assigned to each, respectively, as of the date of execution of this Agreement, with the exception of the responsibility of Husband to pay for the automobile insurance of the children as delineated below in Paragraph 29.A. The parties agree that each party will solely and fully responsible for any uncovered expenses, costs and/or liability arising from any and all incidents and/or accidents involving their respective vehicles. (5) Title Transfer: After entry of the divorce decree, any vehicles assigned above shall be titled and owned in full by whoever receives ownership under this Agreement. If any vehicle awarded above should be titled in the name of another party, the parties shall take all steps required to transfer title of the vehicle into the name of the party with whom custody of the vehicle will lay in accordance with this Agreement. Said title transfer of any vehicle under this section must be made in accordance with the law within ninety (90) days of the signing of this Agreement. 16 of 31 D. Bank Accounts: All funds in joint and separate accounts, including but not limited to savings, checking, and money market accounts, should be divided and distributed as follows: (1) To Wife: Any funds in Wife's separate accounts, and all remaining funds in the parties' joint account at Fulton Bank (hereinafter the "Fulton account"). (2) To Husband: Any funds in Husband's separate accounts. (3) Husband currently has arranged for payments for certain of his expenses to be directly drawn from the Fulton account. Wife has paid these expenses since the parties' separation; repayment of such is required and is specified below in Paragraph 22. J. Husband shall arrange to have these expenses paid by alternate means, no later than thirty (30) days from the date of execution of this Agreement. Wife shall not be responsible for the costs of any overdrafts from the Fulton account if Husband continues to have these expenses withdrawn from the Fulton account after thirty (30) days have passed from the date of execution. Husband shall pay any penalty, fee or other cost incurred should he fail to cancel his current bank drafts from the Fulton account and shall indemnify and protect Wife from any liability for failure to do so. Wife shall be able to close the Fulton account at any time after thirty (30) days have passed from the date of execution of this Agreement. Husband shall cooperate and execute any documentation required to facilitate the closing of the Fulton account. All monies in the Fulton account shall be deemed the property of Wife. Husband shall have no claim to the contents of the Fulton account. 17 of 31 '9 - NLR J (4) As of the date of execution of this Agreement, the parties have already closed all other joint checking and savings accounts, other than the Fulton account, and the monies contained within those accounts have already been distributed to the mutual satisfaction of the parties. E. Investments: The parties' shares of stock, brokerage accounts and other investments (the "Investments"), which shall be defined to specifically exclude all forms of retirement plans, shall be divided and distributed as follows: (1) To Wife: (a) Wife shall receive any and all shares, accounts, and/or investments currently held in Wife's name alone. (b) Wife has already received the entirety of the funds in the parties' joint investment account at Team Financial, said account number ending in ****1528, as of the date of execution of this Agreement. Wife shall be entitled to retain all contents of this account, and any interest or income earned thereon. (2) To Husband: Husband shall receive any and all shares, accounts, and/or investments currently in Husband's name alone, specifically including all monies currently held in Husband's investment account at Team Financial, said account number ending in ****1536. F. Life Insurance: (1) Husband currently carries a life insurance policy through Team Financial, with a $250,000.00 death benefit. Husband shall continue said policy and shall continue to name either Wife or the parties' children (Todd M. Rajchel and Lauren E. Rajchel) as the sole beneficiary or joint 18 of 31 ILZR? beneficiaries, respectively, of this policy. No party other than Wife or the parties' children shall be named as a beneficiary to this policy. (2) Wife currently carries a life insurance policy through Team Financial, with a $250,000.00 death benefit. Wife shall continue said policy and shall continue to name either Husband or the parties' children (Todd M. Rajchel and Lauren E. Rajchel) as the sole beneficiary or joint beneficiaries, respectively, of this policy. No party other than Husband or the parties' children shall be named as a beneficiary to this policy. G. Debts: The parties' marital debts, loans, credit cards and other obligations, not otherwise divided and distributed herein, shall be divided and distributed as follows: (1) To Wife: Wife shall be solely liable for any and all debts held in Wife's name only. (2) To Husband: Husband shall be solely liable for any and all debts held in Husband's name only. (3) The parties hereby agree that no joint debts exist as of the date of execution of this Agreement. In the event that one party has incurred debt in the name of the other party, specifically including the acquisition of a credit card account or other account in the names of both parties, the party which incurred the debt shall immediately pay said debt in full, to be paid no later than ten (10) business days from the date of execution of this Agreement. H. Retirement Plans: The parties' Pension Plan, Retirement Plan, IRA Account, Profit Sharing Plan, 401(K) Plan, Keogh Plan, Stock Plan, Deferred 19 of 31 NLR Savings Plan, any employee benefit plan and/or any other retirement type plans (the "Retirement Plans") shall be divided and distributed as follows: (1) To Wife: Any and all monies contained in retirement plans in Wife's name alone, specifically including any retirement plans held for Wife through her employment. (2) To Husband: Any and all monies contained in retirement plans in Husband's name alone, specifically including any retirement plans held for Husband through his employment. 1. Business Interests: (1) Mid-Penn Oral & Maxillofacial Surgery (a) Wife hereby waives any right, title and/or interest that she may have in Mid-Penn Oral & Maxillofacial Surgery, a business owned in part or in full by Husband. (b) Wife hereby acknowledges that she will sign any necessary documents in order to transfer any legal interest that she may have in the aforesaid business entity, including, but not limited to, stock certificates, shareholder agreements, powers of attorney, and/or tax returns. (c) From the date of execution of this Agreement, Husband shall retain all right, title and/or interest in and to the aforesaid business entity as his sole and exclusive property. (d) Wife hereby waivers valuation of the business, as Husband has waived valuation of her business, for an amicable and expedient resolution to the parties' impending divorce. 20 of 31 NLR (2) Kearns & Ashby D.D.S..: (a) Husband hereby waives any right, title and/or interest that he may have in Kearns & Ashby D.D.S, a business owned in part or in full by Wife. (b) Husband hereby acknowledges that he will sign any necessary documents in order to transfer any legal interest that he may have in the aforesaid business entity, including, but not limited to, stock certificates, shareholder agreements, powers of attorney, and/or tax returns. (c) From the date of execution of this Agreement, Wife shall retain all right, title and/or interest in and to the aforesaid business entity as her sole and exclusive property. (d) Husband hereby waivers valuation of the business, as Wife has waived valuation of his business, for an amicable and expedient resolution to the parties' impending divorce. J. Cash Disbursement from Husband to Wife: Husband shall make the following lump sum payment to Wife: (1) Husband shall pay the sum of twenty four thousand, four hundred and thirty two dollars and twenty cents ($24,432.20) to Wife, no later than seven (7) days from the date of execution of this Agreement. (2) Payment shall be made by check payable to Nancy L. Rajchel. (3) Payment must be received by Wife no later than seven (7) days from the date of execution of this Agreement. (4) In the event that Husband fails to make this cash payment in full 21 of 31 NLR and on time as required in this Agreement, Husband shall be required to pay to Wife interest on the amount unpaid at the rate of 18% per annum. (5) The aforementioned cash payment shall reflect equitable distribution of the marital estate, in consideration of a withdrawal of $40,000 by Husband from the parties' joint financial account for the purpose of initiating the business identified in Paragraph 23.1.(1), and for reimbursement of certain payments made by Wife for expenses of Husband through the Fulton account, totaling 4,432.20 as of November 16, 2009. As this payment constitutes equitable distribution of the marital estate, not alimony, this payment shall not be construed as taxable income to Wife, and this payment cannot be deducted by Husband for tax purposes. (6) In the event that Wife makes any additional payments for expenses of Husband through the Fulton account on or after November 16, 2009, Husband shall promptly submit reimbursement in full of all payments made by Wife no later than five (5) days from the date that the draft is made from the bank. 24. MISCELLANEOUS DISTRIBUTION PROVISIONS: The following miscellaneous provision shall apply to the distribution of the parties' marital assets and debts: A. As Is Condition: Except as otherwise specifically herein provided, and with respect to the transfer of any tangible assets provided for in this Marital Agreement, the parties acknowledge that he or she have had the opportunity to inspect and view the assets that he or she is to receive as his or her sole and separate property and he or she is fully aware of the condition of 3Li?-*J 22 of 31 such tangible asset and is receiving those assets in "as is" physical condition, without warranty or representation by or from the other party. B. Waiver. Each of the parties specifically waives, releases, renounces and forever abandons whatever right, title and interest they may have in any property that is to become the sole and separate property of the other party pursuant to the terms of this Agreement. C. Liens: In the event any asset is subject to a lien or encumbrance the party receiving the asset as his or her property shall take it subject to said lien and/or encumbrance and shall be solely responsible and liable therefore. D. Debt Balances and Prior Payments: Any debt herein described shall be deemed to include the current balance owed on the debt. Unless otherwise herein specifically provided, there shall be no adjustment in the distribution provisions for the payment of any portion of the marital debts prior to the execution of this Agreement, whether or not that debt or the prior payment thereof is specifically referenced in this Paragraph, said payment having been taken into consideration in determining the distribution of marital assets and debts herein provided. E. Indemnification: Any party assuming an obligation pursuant to the terms of this Agreement shall indemnify, protect and hold the other party harmless from and against any and all liability thereunder, including, but not limited to, any attorney's fees and costs incurred by the other party as the result of defending against the obligation and/or enforcing the provisions of this indemnification. of 31 4? N23 F. Cancellation of Joint Debts: Any joint debt shall be cancelled so that neither party can make any further charges thereunder, and if said charges are made in violation of this Agreement, then the party incurring said charge shall immediately repay the same. G. Non-Disclosed Liability: Any liability not disclosed in this Agreement shall be the sole responsibility of the party who has incurred or may hereafter incur it, and the party incurring or having incurred said debt shall pay it as it becomes due and payable. H. No Further Joint Debt: From the date of this Agreement, each party shall only use those credit accounts or incur such further obligations for which that party is individually and solely liable and the parties shall cooperate in closing any remaining accounts which provide for joint liability. I. No Additional Debt: Each party represents and warrants to the other party that since the separation he or she has not, and in the future he or she will not, contract or incur any debt or liability for which the other party or the other party or the other party's estate might be responsible. SECTION III COUNSEL FEES, SPOUSAL SUPPORT, APL. AND ALIMONY 25. COUNSEL FEES: Each party hereby agrees to be solely responsible for his or her own counsel fees, NLR 24 of 31 costs and expenses. Neither shall seek any contribution thereto from the other party except as otherwise expressly provided herein. 26. HEALTH INSURANCE FOR WIFE AND HUSBAND: Husband currently provides health insurance coverage for himself. Wife currently provides health insurance coverage for herself. The parties hereby agree that as of the date of execution of this Agreement, and for all times forward, no party shall be responsible for the costs of health care coverage of the other. SECTION IV CHILD SUPPORT and PROVISIONS FOR CHILDREN 27. CHILD SUPPORT: The parties hereto are the natural parents of Todd M. Rajchel, an adult male child, born on May 24, 1987, and Lauren E. Rajchel, a minor female child born February 14, 1993 (hereinafter the "children"). The parties do not at this time intend for an order of support to be entered for the support of Lauren E. Rajchel. 28. MEDICAL INSURANCE FOR CHILDREN A. Wife has been providing medical and other health insurance coverage for the parties' child, Lauren E. Rajchel (hereinafter the "child"), through her employment. B. Husband shall pay 66.67% of all unreimbursed medical expenses for the children, so long as the children are able to be claimed as dependents. Wife shall pay the remainder of the unreimbursed medical expenses for the children, for so long as the children are able to be claimed as dependents. For the purposes of this paragraph, the term "unreimbursed medical expenses" shall 25 of 31 LR mean all necessary medical, dental and optical expenses, co-payments, deductibles and prescriptions, including orthodontic, psychiatric, psychological and chiropractic care. If Wife makes payment of any "unreimbursed medical expenses", Husband shall reimburse Wife for the payment in full within seven (7) days of the request for reimbursement. C. Husband shall also be responsible for payment of 66.67% of all premiums paid for the children's health insurance, for so long as the children are able to be claimed as dependents. Wife shall inform Husband of the cost of his share of the premium, and Husband shall remit payment for his portion of these premiums on the 1$t of the month to Wife. 29. OTHER EXPENSES FOR CHILDREN: A. Automobile Insurance: Husband shall pay 66.67% of the automobile insurance on the children's vehicles, until such time as the children are no longer able to be claimed as dependents, and Wife shall pay the remainder. If Wife makes payment of any portion of the children's automobile insurance, Husband shall reimburse Wife for payment in full within seven (7) days of the request for reimbursement. 30. ARRANGEMENTS FOR COLLEGE: As stated above, the parties hereto are the natural parents of Todd M. Rajchel, an adult male child, born on May 24, 1987, and Lauren E. Rajchel, a minor female child born February 14, 1993 (hereinafter the "children"). A. Husband hereby agrees to pay 2/3 of the tuition, room and board for the children's post-secondary education in an accredited undergraduate college or university; provided, however, that any grants, loans, and educational funds established on behalf of the child shall be utilized first. Husband's obligation 26 of 31 NLR J under this paragraph is conditioned upon the children's full time attendance of classes and attainment of passing grades. Husband's obligations under this paragraph shall terminate upon each child's completion of his or her undergraduate degree, withdrawal from full time enrollment, 23?d birthday, or the death of the child or Husband, whichever occurs first. B. Wife hereby agrees to pay 1/3 of the tuition, room and board for both of the parties' children's post-secondary education in an accredited undergraduate college or university; provided, however, that any grants, loans, and educational funds established on behalf of the child shall be utilized first. Wife's obligation under this paragraph is conditioned upon the children's full time attendance of classes and attainment of passing grades. Wife's obligations under this paragraph shall terminate upon each child's completion of his or her undergraduate degree, withdrawal from full time enrollment, 23rd birthday, or the death of the child or Wife, whichever occurs first. C. Neither party shall bear any obligation to contribute to the payment of tuition, room or board for the children's advanced degree education, i.e. education beyond a bachelor's degree. D. Either party shall be relieved of his or her obligation under this Agreement where said party becomes disabled and is unable to work. SECTION V CLOSING PROVISIONS AND EXECUTION 31. NO INTENDED THIRD-PARTY BENEFICIARIES This Agreement constitutes a contract binding between the aforementioned parties and those parties only. This Agreement provides rights and obligations only 27 of 31 LR J to the aforementioned parties. To the extent that this Agreement may benefit another party other than Husband or Wife either directly or indirectly, said party constitutes merely an incidental beneficiary of the Agreement and will be restricted from pursuing legal action should either Husband or Wife breach or allegedly breach this Agreement in any way. 32. DOCUMENT EXECUTION: Wife and Husband covenant and agree that they will forthwith and within at most five (5) days after demand therefore, execute any and all written instruments, assignments, releases, satisfactions, deeds, notes or other writings as may be necessary or desirable for the proper effectuation of this Agreement, and which shall be executed in order to carry out fully and effectively the terms of this Agreement. Such documents include, but are not limited to, an affidavit of consent, a life insurance change of beneficiary, a life insurance application, deeds, trusts, mortgage applications or refinancing documentation, bank account or safe deposit box releases, checks, Escrowee letters of direction, IRS forms and other tax forms, transfers of automobile, boat or other assets involving certificates of title, letters to creditors, and health insurance documents. 33. JURISDICTION: This Agreement shall be construed in accordance with the laws of the Commonwealth of Pennsylvania. While the parties understand that they may from time to time remove themselves from the jurisdiction, it is their understanding and their intention that this Agreement shall be valid and effective without respect to where the parties are domiciled at any time in the future, or where in the world property owed or controlled by either party is located. If, under the laws of any other jurisdiction either party would be entitled to any right, power or interest under the laws of that jurisdiction, then only to the extent necessary to effect a complete waiver, release or relinquishment of such right, power or interest, and e-bv effectuate this Agreement, the laws of such jurisdiction shall apply. 1- 28 of 31 NLR If one or more provisions of this Agreement shall be held invalid or unenforceable under the laws of any jurisdiction, the parties intend that such invalidity or unenforceability shall not affect the remaining provisions, which shall nonetheless be valid and enforceable. If it is necessary that any invalid provision be replaced in order to interpret properly the remaining provisions of the Agreement, any such invalid provision shall be replaced by a valid provision which fulfills as closely as possible the intent and purposes of the invalid provision. It is intended by the parties that no additional rights be conferred on them other than as set forth in this Agreement by the laws of any jurisdiction whatsoever. 34. SEVERABILITY: If any term, condition, clause or provision of this Agreement shall be determined or declared to be void or invalid in law or otherwise, then only that term, condition, clause or provision shall be stricken from this Agreement, and in all other respects this Agreement shall continue in full force, effect and operation. 35. COUNTERPARTS. This Agreement may be executed in counterparts, each of which shall be deemed to be an original, but all of which shall constitute one and the same agreement. 36. HEADINGS. The paragraph headings and other captions used in this Agreement are been inserted for convenience and reference only, and do not constitute matter to be construed in interpreting this Agreement, nor shall they be considered to modify the provisions which they precede. 37. BINDING EFFECT. By signing this Agreement, each party acknowledges having read and understood the entire agreement, and each party acknowledges NLR 29 of 31 that the provisions of this Agreement shall be binding upon the parties as if they were ordered by the Court after a full hearing. IN WITNESS WHEREOF, the parties hereto, intending to be legally bound hereby, have signed, sealed and acknowledged this Agreement the day and year below written. ILqR 30 of 31 ? 'I - M COMMONWEALTH OF PENNSYLVANIA SS: COUNTY OF i ) On this, the J &day of RP ' I _, 2010, before me, a Notary Public, the undersigned officer, personally appeared Nancy L. Rajchel, known to me (or satisfactorily proven) to be the person whose name is subscribed to the foregoing Marital Settlement Agreement and acknowledged that she executed the same for the purposes therein contained. IN WITNESS THEREOF, I hereunto set my hand and official seal. Notary Public: " , .- 'Q COMMONWEALTH OF PENNSYLVANIA NOTARIAL SEAL COMMONWEALTH OF PENNSYLVANIA GINGER L. GONTZ. NOTARY PUBLIC CITY OF HARRISBURG. DAUPHIN COUNTY ) SS: MY COMMISSION EXPIRES MAY 17, 2012 COUNTY OF l)AtkpA/ ) On this, the _7 day of &jtj 2010, before me, a Notary Public, the undersigned officer, personally appeared Jeffrey L. Rajchel, known to me (or satisfactorily proven) to be the person whose name is subscribed to the foregoing Marital Settlement Agreement and acknowledged that he executed the same for the purposes therein contained. IN WITNESS THEREOF, I hereunto set my hand and official seal. Notary Public: 10?_4? rnuunuwnA'ru - PE IA NOTA''RIAL SEAL Samuel S. Lindenberg-Notary Public Susquehanna Up., Dauphin County MY COMMISSION EXPIRES FEB. 26, 2013 31 of 31 N NANCY RAJCHEL, : IN THE COURT OF COMMON S° Plaintiff, : CUMBERLAND COUNTY, PA vs. NO. 2008-704j JEFFREY L. RAJCHEL, CIVIL ACTION - LAW ca c Defendant. IN DIVORCE AFFIDAVIT OF CONSENT 1. A complaint in divorce under § 3301(c) of the Divorce Code was filed on January 31, 2008, and reinstated on May 15, 2008. 2. The complaint was served by certified mail, said mail receipt being signed by Defendant Jeffrey L. Rajchel on May 20, 2008. 3. The marriage of plaintiff and defendant is irretrievably broken and at least ninety (90) days have elapsed from the date of filing and service of the complaint. 4. 1 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. Date: - )46?? Nancy ajchel r? 0 L NANCY L. RAJCHEL, : IN THE COURT OF COMMON P Plaintiff, : CUMBERLAND COUNTY, PA vs. NO. 2008-704 JEFFREY L. RAJCHEL, CIVIL ACTION - LAW Defendant. IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER § 3301(c) AND § 3301(d) OF THE DIVORCE CODE 1. I consent to the entry of a final decree in 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 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. 4111111le--) P. 's Date: 4 - , 4cyyNa WVbaajchel NANCY RAJCHEL, Plaintiff, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA k-) ti -TI vs. NO. 2008-704 JEFFREY L. RAJCHEL, CIVIL ACTION - LAW Defendant. IN DIVORCE -' ZE AFFIDAVIT OF CONSENT _ co `- i-1. A complaint in divorce under § 3301(c) of the Divorce Code was filed on January 31, 2008, and reinstated on May 15, 2008. 2. The complaint was served by certified mail, said mail receipt being signed by Defendant Jeffrey L. Rajchel on May 20, 2008. 3. The marriage of plaintiff and defendant is irretrievably broken and at least ninety (90) days have elapsed from the date of filing and service of the complaint. 4. 1 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 Date: ' (~r Ti PV 2010 APIA 29 9 8: 4J NANCY L. RAJCHEL, Plaintiff, vs. JEFFREY L. RAJCHEL, Defendant. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA NO. 2008-704 CIVIL ACTION - LAW IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER § 3301(c) AND § 3301(d) OF THE DIVORCE CODE 1. 1 consent to the entry of a final decree in 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 affidavit are true and correct. understand that false statements herein are made subject to the penalties of 18 Pa.C.S. § 4904 relating to unsworn falsification to autho Date: (? IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NANCY L. RAJCHEL, ) Plaintiff ) NO. 2008-704 (,) a V. -TI JEFFREY L. RAJCHEL, ) CIVIL ACTION - LAW Defendant ) IN DIVORCE CID PRAECIPE TO TRANSMIT RECORD v, 4 TO THE PROTHONOTARY: Transmit the record, together with the following information, to the court for entry of a divorce decree: 1. Ground for divorce: Irretrievable breakdown under §3301(c) of the Divorce Code. 2. Date and manner of service of the complaint: Complaint was served on Jeffrey L. Rajchel, Defendant, pro se, by certified mail on May 20, 2008; Affidavit and Return of Service was filed on June 12, 2008. 3. Date of execution of the affidavit of consent required by §3301(c) of the Divorce Code: by plaintiff, April 14, 2010; by defendant, April 15, 2010. 4. Related claims pending: All claims resolved by Marital Settlement Agreement executed on April 14, 2010 and filed to this Court on April 15, 2010. 5. Date plaintiffs Waiver of Notice in §3301(c) Divorce was filed with the prothonotary: on April 15, 2010; date defendant's Waiver of Notice in §3301(c) Divorce was filed with the prothonotary: XHOWETT, y herewith. Date: rn, Esquire SSINGER & HOLST, P.C. 130 Walnut Street, P. O. Box 810 Harrisburg, PA 17108 Telephone: (717) 234-2616 Counsel for Plaintiff, Nancy L. Rajchel IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NANCY L. RAJCHEL V. JEFFREY L. RAJCHEL NO 2008-704 DIVORCE DECREE AND NOW, /4z 0 , it is ordered and decreed that NANCY L. RAJCHEL plaintiff, and JEFFREY L. RAJCHEL , defendant, are divorced from the bonds of matrimony. Any existing spousal support order shall hereafter be deemed an order for alimony pendente lite if any economic claims remain pending. The court retains jurisdiction of any claims raised by the parties to this action for which a final order has not yet been entered. Those claims are as follows: (If no claims remain indicate "None.") None. A Marital Separation Agreement executed by the parties on April 14, 2010 is hereby incorporated into the Divorce Decree for enforcement purposes only, but not merged. By the Court, .5I b ct-r+. C-C)?"? rn t a 40 ftH-t