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HomeMy WebLinkAbout04-0091SHARON A. CHAMBERS, Plaintiff MARK W. CHAMBERS, Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA :NO. -- : IN DIVORCE NOTICE TO DEFEND AND CLAIM RIGHTS YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set forth in the following pages, you must take prompt action. You are warned that if you fail to do so, the case may proceed without you and a decree of divorce or annulment may be entered against you by the court. A judgment may also be entered against you for any other claim or relief requested in these papers by the plaintiff. You may lose money or property or other rights important to you, including custody or visitation of your children. IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY, LAWYER'S FEES OR EXPENSES BEFORE A DIVORCE OR ANNULMENT IS GRANTED, YOU MAY LOSE THE RIGHT TO CLAIM ANY OF THEM. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 (717) 249o3166 SHARON A. CHAMBERS, Plaintiff MARK W. CHAMBERS, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA : NO. .. : IN DIVORCE NOTICIA Le hah Demando a usted en la code. Si usted quiere defenderse de estas demandas expuestas en las paginas siguientes, usted tiene viente (20) dias de plazo al padir de la fecha de la demanda y la notificacion. Usted deve presentar una apariencia excrita o en persona o pot abogado y archivar en ta code en forma escrita sus defensas o sus objeciones a las demandas en contra de su persona. Sea avisado que si usted no se defiende, la code tomara medidas y puede entrar una orden contra usted sin previo aviso o notificacion y por cualquier queja o alivio que es pedido en la peticion do demanda. Usted puede perder dinero o sus propiedades o otros derechos impodanates para usted LLEVE ESTA DEMANDA A UN ABODAGO IMMEDIATAMENTE. SI NO TIENE ABOGADO O SI NO TIENE EL DINERO SUFICIENTE DE PAGAR TAL SERVICIO, VAYA EN PERSONA O LLAME POR TELFONO A LA OFICINA CUYA DIRECCION SE ENCUENTRA ESCRITA ABA JO PARA AVERIGUAR DONDE SE PUEDE CONSEGUIR ASISTENCIA LEGAL. Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 (717) 249-3166 SHARON a. CHAMBERS, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v. :NO. MARK W. CHAMBERS, Defendant : IN DIVORCE COMPLAINT IN DIVORCE AND NOW comes the Plaintiff, SHARON A. CHAMBERS, by her attorney, Mindy S. Goodman, Attorney at Law, and seeks to obtain a decree in divorce from the above-named Defendant, upon the grounds hereinafter set forth: 1~ The Plaintiff, SHARON A. CHAMBERS, is an adult individual who currently resides at 6339 Pennsboro Drive, Mechanicsburg, Cumberland County, Pennsylvania 17050. 2. The Defendant, MARK W. CHAMBERS, is an adult individual who currently resides at 6339 Pennsboro Drive, Mechanicsburg, Cumberland County, Pennsylvania 17050. 3, The Plaintiff and Defendant are sui juris, and both have been bona fide residents of the Commonwealth of Pennsylvania for a period of more than six months immediately preceding the filing of this Complaint. 4. The Plaintiff and Defendant were married on August 1, 1987 in Cumberland County, Pennsylvania and, although continuing to live in the same house, separated on or before November 1, 2001. 5. The Plaintiff avers that the parties have two children presently under the age of 18 whose names and dates of birth are as follows: CHRISTINE CHAMBERS Born KELLEN CHAMBERS Born January 7, 1988 May 29, '199'1 6. Plaintiff anticipates that she and the Defendant will be able to work with one another to arrive at a mutually acceptable custodial arrangement. 7. Neither Plaintiff nor Defendant is in the military or naval 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. 8. The cause of action and section of the Divorce Code under which Plaintiff is proceedings is: 23 Pa. Cons. Stat. § 3301(c), or in the alternative, 23 Pa. Cons. Stat. § 3301(d). The marriage of the parties is irretrievably broken, and Plaintiff intends to file an Affidavit of Consent upon the expiration of the 90-day waiting period. There have been no prior actions of divorce filed between the parties. 10. Plaintiff has been advised of the availability of counseling and that Plaintiff may have the right to request the parties to participate in counseling, which she does not intend to pursue at this time. 11. The parties' Social Security Numbers are as follows: Plaintiff- SS# 210-56-5797 4 Defendant - SS# 137-44-3472 WHEREFORE, Plaintiff requests your Honorable Court to enter a Decree in Divorce, divorcing Plaintiff and Defendant. Respectfully submitted, Mindy S. Goodman, Esquire Attorney No. 78407 2215 Forest Hills Drive - Suite 35 Harrisburg, PA 17112 (717) 540-8742 Attorney for Plaintiff VERIFICATION I verify that the statements made in this Complaint in Divorce are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. Cons. Stat. § 4904, relating to unswom falsification to authorities. Please accept my signature by facsimile with the same force and effect as if the facsimile signature were my original signature, '2) SHARON A. CHAMBERS, Plaintiff/Petitioner : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA vs. : NO. 04-91 MARK W. CHAMBERS, DefendantJRespondent : CIVIL ACTION - LAW : DIVORCE PETITION TO ENFORCE THF PROPERTY SETTLEMENT AGREEMENT Petitioner, by and through her attorney, Mindy S. Goodman, respectfully files this Petition to Enforce the Marriage Settlement Agreement of January 29, 2004, and in support thereof, avers as follows: 1. On January 8, 2004, Petitioner filed a Complaint in Divorce as captioned above; Respondent executed an Acceptance of Service on January 20, 2004. 2. At the time of the filing of the divorce, Defendant was unrepresented, but was advised by counsel for Petitioner that he had a right to seek counsel and that it was advisable for him to seek counsel. 3. Respondent apparently chose not to retain independent counsel as no one has entered an appearance on behalf of the Respondent and counsel for the Petitioner has not received notice from anyone claiming to represent Respondent. SHARON A. CHAMBERS, Plaintiff/Petitioner VS. MARK W. CHAMBERS, DefendantJRespondent : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 04-91 : CIVIL ACTION - LAW : DIVORCE PETITION TO ENFORCE THE PROPERTY SETTLEMENT AGREEMENT Petitioner, by and through her attorney, Mindy S. Goodman, respectfully files this Petition to Enforce the Marriage Settlement Agreement of January 29, 2004, and in support thereof, avers as follows: 1. On January 8, 2004, Petitioner filed a Complaint in Divorce as captioned above; Respondent executed an Acceptance of Service on January 20, 2004. 2. At the time of the filing of the divorce, Defendant was unrepresented, but was advised by counsel for Petitioner that he had a right to seek counsel and that it was advisable for him to seek counsel. 3. Respondent apparently chose not to retain independent counsel as no one has entered an appearance on behalf of the Respondent and counsel for the Petitioner has not received notice from anyone claiming to represent Respondent. Sometime after the filing of the Complaint, Petitioner proposed a settlement regarding the division of assets and debt, said proposal was accepted by the parties and they entered into a Property Settlement Agreement on January 29, 2004, which is attached hereto as Exhibit A. Under Paragraph 13(C)(i) of the Property Settlement Agreement, Wife is to retain sole and exclusive possession of the marital residence. In spite of Petitioner's repeated requests that Respondent vacate Wife's residence, Respondent has refused to do so and, in fact, remains in Wife's residence at this time. By failing the vacate Wife's residence and through his conduct while at the residence, Husband is in violation of Paragraph 10 of the Property Settlement Agreement. Husband's failure to vacate Wife's residence in accordance with the Property Settlement Agreement is creating a hardship both emotionally and financially for Wife and emotionally for the parties' two children. Under Paragraph 13(C)(ii) of the Property Settlement Agreement, upon demand by Wife, Husband was to execute a deed conveying his interest in the real property to Wife. Husband has been presented with a deed conveying his interest in the property to 10. 11. Wife; however, Husband refuses to take the deed to a notary to have his signature notarized, which is necessary for validity of the deed and transfer of ownership. In accordance with Paragraph 13(C)(iii) of the Property Settlement Agreement, Wife has begun the process of refinancing the marital residence to remove Husband's name from the mortgage; however, unless and until Husband signs the deed and has his signature notarized, Wife cannot refinance the mortgage. Additionally, if Wife is unable to refinance the mortgage as a result of Husband's refusal to sign the deed and have his signature notarized, Wife will not be able to make the lump sum payment to Husband in accordance with Paragraph 15 of the Property Settlement Agreement. Husband's failure to properly convey ownership of the property to Wife may result in significant financial hardship to Wife. Interest rates are currently at an all-time Iow and Wife cannot take advantage of the Iow interest rates until Husband propedy conveys his interest in the property to Wife. Under Paragraph 13(D) of the Property Settlement Agreement, Husband is to retain sole and exclusive possession of the Toyota Camry and was to be solely responsible for the insurance thereon. Wife has taken the steps necessary to transfer title of the Toyota Camry to Husband, but Husband has failed to finalize the transfer and secure his own insurance. 12. Husband's failure to finalize the transfer of the title and secure his own car insurance is creating a financial hardship for Wife, who is paying all of the household bills and expenses and is the sole support of the parties' two minor children. 13. Paragraph 23 of the Property Settlement Agreement, titled "Costs to Enforce," the Agreement clearly states that if either party is forced to retain counsel to assist in enforcing the terms of the Agreement, the breaching party will pay all reasonable attorney's fees, court costs, and expenses incurred by the other party in enforcing the Agreement. 14. Petitioner has been forced to retain counsel to enforce this Agreement and anticipates the attorney's fees associated with enforcement to be no less than $1000. An exact figure with regard to attorney's fees will be presented at the hearing. 15. Additionally, Petitioner has paid fees of approximately $300 in connection with refinancing the mortgage, which may be lost if the deed is not properly executed immediately. 4 16. 17. Petitioner may lose substantial money if interest rates go up by the time she is able to refinance, and Petitioner would like to reserve the right to make an additional monetary claim if her interest rate at the time she refinances is higher than it was on the date that she originally contacted a lender about refinancing. Petitioner has lost money in the form of an insurance refund and may lose even more money if the title to the Toyota Camry is not immediately transferred to Husband and Wife is fomed to pay additional monies to keep the Toyota Camry insured. WHEREFORE, Petitioner respectfully requests this Honorable Court to grant her Petition for Enforcement of the Property Settlement Agreement and Order as follows: a. Within five (5) days of the date of the Order, Respondent shall take the deed to the marital residence, which has been provided by Petitioner, to a notary to have his signature notarized. b. Within five (5) days of the date of the Order, Respondent shall vacate the marital residence. c. Within five (5) days of the date of the Order, Respondent shall take any and all steps necessary to transfer title of the Toyota Camry to himself and to obtain insurance for this vehicle. d. Wife shall deduct the sum of $1500 from the lump sum payment due to Husband under the terms of the Property Settlement Agreement. e. Any and all other relief the Court deems just and appropriate. Respectfully submitted, Mindy S. Goodman Attorney at Law ID No. 78507 2215 Forest Hills Drive- Suite 35 Harrisburg, PA 17112 (717) 540-8742 Attorney for Petitioner VERIFICATION I verify that the statements made in this Petition for Enforcement of the Property Settlement Agreement are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. Cons. Stat. § 4904, relating to unsworn falsification to authorities. Please accept my signature by facsimile with the same force and effect as if the facsimile signature were my original signature. S h'~'~o n ~.-Chambers 7 between SHARON A. CHAMBERS, hereinafter called '~Nife" and MARK W. CHAMBERS, hereinafter called "Husband." WITNESSETH: The parties hereto, being Husband and Wife, were lawfully married on August 1, 1987 in Cumberland County, Pennsylvania; The parties have two children, CHRISTINE CHAMBERS, born January 7, 1988, and KELLEN CHAMBERS, born May 29, 1991; Wife is represented in this matter by Mindy S. Goodman, Attorney at Law and'Husband, while unrepresented, has been advised of his right to seek independent counsel in this matter; and Diverse and unhappy differences have arisen between the parties, and it is the intention of Husband and Wife to separate 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; the settling of all matters between them relating to the past, present and future debt, support, alimony and/or maintenance of each other; and in general, the settling of any and all claims and possible claims by one against the other or against their respective estate. NOW THEREFORE, in consideration of the premises and 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: 1. 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. 2. 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 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 have occurred or may occur subsequent to the date hereof. The parties acknowledge that their marriage is irretrievably broken and that they shall secure a mutual consent no-fault divorce pursuant to the terms of Section 3301(c) of the Divorce Code in a Cumberland County divorce action. The parties shall execute Affidavits of Consent and Waivers of Notice of Intention to Request Entry of a Decree in Divorce immediately upon the expiration of the ninety-day waiting period required by statute in an uncontested, no-fault divorce action. 3. EFFECT OF DIVORCE DECREE The parties agree that unless otherwise specifically provided herein, this Agreement shall continue in full rome and effect after such time as a final Decree in Divorce may be entered with respect to the parties. 4. AGREEMENT TO BE INCORPORATED IN DIVORCE DECREE The parties agree that the terms of this Agreement shall be incorporated into any Divorce Decree that may be entered with respect to them. 5. NON-MERGER It is the parties' intent that this Agreement does not merge with the Divorce Decree, but rather shall continue to have independent contractual significance. Each party maintains his or her contractual remedies as well as court ordered remedies as the result of the aforesaid incorporation or as otherwise provided by law or statute. Those remedies shall include, but not be limited to, damages resulting from breach of this Agreement, specific enforcement of this Agreement, and remedies pertaining to failure to comply with an order of court or agreement pertaining to equitable distribution, alimony, alimony pendente lite, counsel fees and costs as set forth in the Pennsylvania Divorce Code or other similar statutes now in effect and as amended or hereafter enacted. 6. DATE OF EXECUTION The "date of execution" or "execution date" of this Agreement, if not signed by both parties on the same date, shall be defined as the date of execution by the party last executing this Agreement. 7. DISTRIBUTION DATE The transfer of property, funds and/or documents provided herein shall take place within sixty (60) days of the date of execution of this Agreement unless otherwise specified herein. 8. 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. 9. SEPARATION It shall be lawful for each party at all times hereafter to live separate and apart from the other party, at such place or places as he or she from time to time may choose or deem fit. 10. NONINTERFERENCE Each party shall be free from interference, authority and control, direct or indirect, by the other in all respects as fully as if he or she were single and unmarried. Each may, for his or her separate use or benefit, conduct, carry on and engage in any business, occupation, profession or employment which to him or her may seem advisable. Neither party shall molest, harass, disturb or malign the other or the family of said other, nor compel or attempt to compel the other to cohabit or dwell with him or her. 11. MUTUAL RELEASES Husband relinquishes his inchoate intestate right in the estate of Wife, and Wife relinquishes her inchoate intestate right in the estate of Husband, and each of the parties hereto by these presents, for himself or herself, his or her heirs, executors, administrators or assigns, does remise, release, quitclaim, and forever discharge the other party hereto, his or her heirs, executors, administrators or assigns, or any of them, of and from any and all claims in the nature of dower and curtesy or widow's or widower's rights, family exemption or similar allowance, or under the intestate laws, or the right to take against the spouse's Will, or the right to treat a lifetime conveyance as testamentary, or all other rights of a surviving spouse to participate in a deceased spouse's estate, whether arising under the laws of the Commonwealth of Pennsylvania or any other state or any country, as well as any and all other claims, demands, damages, actions, causes of actions, or suits at law or in equity, of whatsoever kind or nature, for or because of any matter or thing done, omitted, or suffered to be done by said party prior to and including the date hereof; except that this release shall in no way exonerate or discharge either party hereto from the obligations and promises made and imposed by reason of this Agreement, and shall in no way affect any cause of action in absolute divorce which either party may have against the other party. 12. MARITAL PROPERTY The parties hereto acknowledge and agree that they have acquired various assets during their marriage, whether the same were held jointly or individually by the parties hereto, including but not limited to: (a) Household goods, contents, furniture and furnishings. (b) Various bank accounts. (c) Marital Residence located at 6339 Pennsboro Drive, Mechanicsburg, Cumberland County, Pennsylvania. (d) Various motor vehicles. (e) (f) Various retirement accounts and benefits. Life Insurance benefits. '13. DISTRIBUTION OF MARITAL PROPERTY The parties hereto covenant and agree that the assets described in Paragraph 12, above, together with any other property that the parties acquired individually or jointly prior to the marriage, have been or are hereby being divided and distributed between them as follows: (a) The parties hereto will agree upon a division of household goods, contents, furniture and furnishings among and between themselves· (b) The parties hereto acknowledge that the bank accounts have heretofore been divided between the parties. (c) Marital Residence - The parties acknowledge that the equity in the real property is approximately $75,000. (i) Wife shall retain sole and exclusive possession of the marital residence, and Husband shall relinquish any right, title, claim or interest he may have in the same· (ii) Upon demand by Wife, Husband shall execute a deed conveying his interest in the real property to Wife. (iii) Wife shall sell the property or make application to refinance the mortgage on said real estate within three (3) months of the date of this Agreement in order to remove Husband's name from the same. (iv) The parties agree that upon the execution of the deed, Wife shall become the sole owner of any and all homeowner's policies, title policies and any other policy of insurance with respect to the real estate and shall be entitled to receive any payments now or hereafter due under such insurance policies. {v) Immediately upon the execution of this Agreement, Wife shall be solely responsible for all of the household bills and expenses, including but not limited to the mortgage, property taxes, utilities, maintenance and repair. (d) Automobiles - (i) Husband shall retain sole and exclusive possession of the 19__ Toyota Camry, which is presently unencumbered by a loan. Husband shall be solely responsible for the insurance on said vehicle. Within thirty (30) days of the date of execution of this Agreement, Wife shall cooperate and take any and all steps necessary to transfer title of said vehicle to Husband, if necessary. (ii) Wife shall retain sole and exclusive .possession of the 2001 Sienna van, which is presently leased and encumbered by a loan. Wife shall be solely responsible for the loan payments with regard to said van and shall defend and hold Husband harmless from the same. Wife shall be solely responsible for the insurance on said vehicle. (e) Retirement Accounts and Benefits- Each party shall retain sole and exclusive possession and ownership of the retirements benefits that are in his or her respective name, whether the same be a 401k, IRA, or some other retirement account. Each party shall waive and relinquish any and all right, claim or interest he or she may have in the benefits of the other. (f) Life Insurance - Wife has a life insurance policy through American Express and said policy has a cash surrender value of approximately $4,500. Wife shall retain sole and exclusive ownership of the life insurance policy and any and all cash value. 14. MARITAL DEBT The parties hereto acknowledge and agree that in addition to the debt that is identified elsewhere in this Agreement, there is the following joint debt: (a) MBNA Visa card, which has an approximate balance of $7,000. Wife shall be solely responsible for payment of the MBNA Visa card and shall take any and all steps necessary to remove Husband's name from this credit card and this debt. (b) Citibank MasterCard, which has an approximate balance of $500. Husband shall be solely responsible for payment of the Citibank MasterCard and shall take any and all steps necessary to remove Wife's name from this credit card and this debt. (c) Any and all debt, whether credit card or other debt, acquired since the date of separation shall be the sole and separate responsibility of the party who created the debt, regardless of whose name the debt is titled. 15. LUMP SUM PAYMENT Within ninety days of the date of execution of this Agreement, Wife shall pay to Husband, a lump sum payment in the amount of $35,000 as his share of equitable distribution. Husband shall be permitted to do whatever he so chooses with the cash payment. 16. CUSTODY The parties shall share legal and physical custody of their minor children, Christine and Keilen Chambers. Rather than being bound by a rigid custody schedule, the custody schedule shall be by mutual agreement between the parties. 17. ATTORNEY'S FEES Wife has agreed to pay the attorney's fees associated with the filing of this divorce action and preparation of this Marital Settlement Agreement. Husband shall be responsible for his own attorney's fees in the event he would incur any. l0 18. FUTURE OWNERSHIP OF PROPERTY Each of the parties hereto may hereafter own and enjoy, independently of any claims or rights of the other, all items of personal and real property, tangible or intangible, hereafter acquired by him or her, with full power in him or her to dispose of the same as fully and effectively in all respects and for all purposes as though he or she were unmarried. 19. MUTUAL RELEASES The parties hereto acknowledge that under prevailing Pennsylvania law they each have certain possible fiscal rights, including but not limited to the following: spousal support, alimony pendente lite in the event of a divorce, alimony, permanent alimony subsequent to a divorce, recovery of counsel fees, costs and expenses in the event of a divorce, and the equitable distribution of marital property, as well as the right to seek discovery of assets through interrogatories and/or depositions. It is the intention of the parties hereto that except as otherwise provided herein, all of the foregoing rights and remedies are hereby waived and forever released and that this Agreement shall have the effect of a final Order of Court relieving each party of the obligation to the other for any and all of the foregoing possible rights and remedies, except as otherwise provided herein. Specifically, both parties covenant and agree that, except as outlined herein, both parties waive, release and forever relinquish their respective possible rights of spousal support of, from and against the other party; neither ]! party will at any time seek alimony pendente lite, counsel fees, costs or expenses from the other party; neither party will see discovery of assets; and the parties have effected an equitable distribution of their marital property and neither will seek further distribution by any action at law or in equity. 20. OTHER WRITINGS Each of the parties hereto agree to execute any and all documents, deeds, bills of sale or other writings necessary to carry out the intent of this Agreement. 21. ENTIRE AGREEMENT This Agreement constitutes the entire understanding between the parties, and there are no covenants, conditions, representations or agreements, oral or written, of any nature whatsoever, other than those herein contained. 22. LEGALLY BINDING It is the intent of the parties hereto to be legally bound hereby and this Agreement shall bind the parties hereto and his or her respective heirs, executors, administrators and assigns. 23. COSTS TO ENFORCE in the event that either party defaults in the performance of any duties or obligations required by the terms of this Agreement, and both extra-judicial and judicial proceedings are commenced to enforce such duty or obligations, the party found to be in default shall be liable for all expenses, including reasonable attorneys' fees, incurred as a result of such proceeding. 24. AGREEMENT VOLUNTARILY AND CLEARLY UNDERSTOOD Each party to this Agreement acknowledges and declares that he or she respectively: a. Is fully and completely informed as to the facts relating to the subject matter and their Agreement as the rights and liabilities of both parties; Has given careful and mature thought to the making of this Agreement; C. d. Has carefully read each provision of this Agreement; Fully and completely understands each provision of this Agreement, both as to the subject matter and legal affect. 25. AMENDMENT OR MODIFICATION This Agreement may be amended or modified only by a written instrument signed by both parties. 26. 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 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 paragraphs herein, with the exception of the satisfaction of the conditions precedent, shall in no way avoid or alter the remaining obligations of the parties. 27. LAW APPLICABLE This Agreement shall be governed, construed and enforced under the statute and case law of the Commonwealth of Pennsylvania. 28. HEADINGS NOT PART OF AGREEMENT Any headings preceding the text of the paragraphs and subparagraphs herein, 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. BY SIGNING THIS AGREEMENT, EACH PARTY ACKNOWLEDGES HAVING READ AND UNDERSTOOD THE ENTIRE AGREEMENT, AND EACH PARTY ACKNOWLEDGES THAT THE PROVISIONS OF THIS AGREEMENT SHALL BE AS BINDING UPON THE PARTIES AS IF THEY WERE ORDERED BY THE COURT AFTER A FULL HEARING. 14 IN WITNESS WHERE[OF, the parties hereto have executed this Agreement the day and year first written above. WITNESS: Witness Witness /'~haron ~,.-Ch~mber~'- ' - ~-- Mark W. Chambers SHARON A. CHAMBERS, Plaintiff/Petitioner VS. MARK W. CHAMBERS, Defendant/Respondent IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 04-91 : CIVIL ACTION - LAW : DIVORCE RULE TO SHOW CAUSE AND NOW, this ~ day of ~L~, 2004, a rule is hereby issued upon the Defendant/Respondent to show cause why the attached Petition to Enforce the Property Settlement Agreement should not be granted. RULE RETURNABLE DAYS FROM SERVICE. PROPERTY SETTLEMENT AGREEMENT THIS AGREEMENT, made this 7'~C,'~ey of //,~(~ between SHARON A. CHAMBERS, hereinafter called '¥Vife" and MARK W. CHAMBERS, hereinafter called "Husband." ,2004, WITNESSETH: The parties hereto, being Husband and Wife, were lawfully married on August 1, 1987 in Cumberland County, Pennsylvania; The parties have two children, CHRISTINE CHAMBERS, born January 7, 1988, and KELLEN CHAMBERS, born May 29, 1991; Wife is represented in this matter by Mindy S. Goodman, Attorney at Law and Husband, while unrepresented, has been advised of his right to seek independent counsel in this matter; and Diverse and unhappy differences have arisen between the parties, and it is the intention of Husband and Wife to separate 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; the settling of all matters between them relating to the past, present and future debt, support, alimony and/or maintenance of each other; and in general, the settling of any and all claims and possible claims by one against the other or against their respective estate. NOW THEREFORE, in consideration of the premises and 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: 1. 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. 2. 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 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 have occurred or may occur subsequent to the date hereof. The parties acknowledge that their marriage is irretrievably broken and that they shall secure a mutual consent no-fault divorce pursuant to the terms, of Section 3301(c) of the Divorce Code in a Cumberland County divorce action. The parties shall execute Affidavits of Consent and Waivers of Notice of Intention to Request Entry of a Decree in Divorce immediately upon the expiration of the ninety-day waiting period required by statute in an uncontested, no-fault divorce action. 3. 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. 4. AGREEMENT TO BE INCORPORATED IN DIVORCE DECREE The parties agree that the terms of this Agreement shall be incorporated into any Divorce Decree that may be entered with respect to them. 5. NON-MERGER It is the parties' intent that this Agreement does not merge with the Divorce Decree, but rather shall continue to have independent contractual significance. Each party maintains his or her contractual remedies as well as court ordered remedies as the result of the aforesaid incorporation or as otherwise provided by law or statute. Those remedies shall include, but not be limited to, damages resulting from breach of this Agreement, specific enforcement of this Agreement, and remedies pertaining to failure to comply with an order of court or agreement pertaining to equitable distribution, alimony, alimony pendente lite, counsel fees and costs as set forth in the Pennsylvania Divorce Code or other similar statutes now in effect and as amended or hereafter enacted. 6. DATE OF EXECUTION The "date of execution" or "execution date" of thiis Agreement, if not signed by both parties on the same date, shall be defined as the date of execution by the party last executing this Agreement. 7. DISTRIBUTION DATE The transfer of property, funds and/or documents provided herein shall take place within sixty (60) days of the date of execution of this Agreement unless otherwise specified herein. 8. 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. 9. SEPARATION It shall be lawful for each party at all times hereafter to live separate and apart from the other party, at such place or places as he or she from time to time may choose or deem fit. 10. NONINTERFERENCE Each party shall be free from interference, autherity and control, direct or indirect, by the other in all respects as fully as if he or she were single and unmarried. Each may, for his or her separate use or benefit, conduct, carry on and engage in any business, occupation, profession or' employment which to him or her may seem advisable. Neither party shall molest, harass, disturb or malign the other or the family of said other, nor compel or attempt to compel the other to cohabit or dwell with him or her. 11. MUTUAL RELEASES Husband relinquishes his inchoate intestate right in the estate of Wife, and Wife relinquishes her inchoate intestate right in the estate of Husband, and each of the parties hereto by these presents, for himself or herself, his or her heirs, executors, administrators or assigns, does remise, release, quitclaim, and forever discharge the other party hereto, his or her heirs, executors, administrators or assigns, or any of them, of and from any and all claims in the nature of dower and curtesy or widow's or widower's rights, family exemption or similar allowance, or under the intestate laws, or the right to take against the spouse's Will, or the right to treat a lifetime conveyance as testamentary, or all other rights of a surviving spouse to participate in a deceased spouse's estate, whether arising under the laws of the Commonwealth of Pennsylvania or any other state or any country, as well as any and all other claims, demands, damages, actions, causes of actions, or suits at law or in equity, of whatsoever kind or nature, for or because of any matter or thing done, omitted, or suffered to be done by said party prior to and including the date hereof; except thai: this release shall in no way exonerate or discharge either party hereto from the obligations and promises made and imposed by reason of this Agreement, and shall in no way affect any cause of action in absolute divorce which either party may have against the other party. 12. MARITAL PROPERTY The parties hereto acknowledge and agree that they have acquired various assets during their marriage, whether the same were held jointly or individually by the parties hereto, including but not limited to: (a) Household goods, contents, furniture and furnishings. (b) Various bank accounts. (c) Marital Residence located at 6339 Pennsboro Drive, Mechanicsburg, Cumberland County, Pennsylvania. (d) Various motor vehicles. 6 (e) (f) Various retirement accounts and benefits. Life Insurance benefits. 13. DISTRIBUTION OF MARITAL PROPERTY The parties hereto covenant and agree that the assets described in Paragraph 12, above, together with any other property that the parties acquired individually or jointly prior to the marriage, have been or are hereby being divided and distributed between them as follows: (a) The parties hereto will agree upon a division of household goods, contents, furniture and furnishings among and between themselves. (b) The parties hereto acknowledge that the bank accounts have heretofore been divided between the parties. (c) Marital Residence - The parties acknowledge that the equity in the real property is approximately $75,000. (i) Wife shall retain sole and exclusive possession of the marital residence, and Husband shall relinquish any right, title, claim or interest he may have in the same. (ii) Upon demand by Wife, Husband shall execute a deed conveying his interest in the real property to Wife. (iii) Wife shall sell the property or make application to refinance the mortgage on said real estate within three (3) months of the date of this Agreement in order to remove Husband's name from the same. (iv) The parties agree that upon the execution of the deed, Wife shall become the sole owner of any and all homeowner's policies, title policies and any other policy of insurance with respect to the real estate and shall be entitled to receive any payments now or hereafter due under such insurance policies. (v) immediately upon the execution of this Agreement, Wife shall be solely responsible for all of the household bills and expenses, including but not limited to the mortgage, property taxes, utilities, maintenance and repair. (d) Automobiles - (i) Husband shall retain sole and exclusive possession of the 19__ Toyota Camry, which is presently unencumbered by a loan. Husband shall be solely responsible for the insurance on said vehicle. Within thirty (30) days of the date of execution of this Agreement, Wife shall cooperate and take any and all steps nece, ssary to transfer title of said vehicle to Husband, if necessary. (ii) Wife shall retain sole and exclusiw.~ possession of the 2001 Sienna van, which is presently leased and encumbered by a loan. Wife shall be solely responsible for the loan paymenlls with regard to said van and shall defend and hold Husband harmless from the same. Wife shall be solely responsible for the insurance on said vehicle. 8 (e) Retirement Accounts and Benefits - Each party shall retain sole and exclusive possession and ownership of the retirements benefits that are in his or her respective name, whether the same be a 401 k, IRA, or some other retirement account. Each party shall waive and relinquish any and all right, claim or interest he or she may have in the benefits of the other. (f) Life Insurance - Wife has a life insurance, policy through American Express and said policy has a cash surrender value of approximately $4,500. Wife shall retain sole and exclusive ownership of the life insurance policy and any and all cash value. 14, MARITAL DEE~T The parties hereto acknowledge and agree that in addition to the debt that is identified elsewhere in this Agreement, there is the ~ollowing joint debt: (a) MBNA Visa card, which has an al~,proximate balance of $7,000. Wife shall be solely responsible for payment of the MBNA Visa card and shall take any and all steps necessary to remove Husband's name from this credit card and this debt. (b) Citibank MasterCard, which has an approximate balance of $500. Husband shall be solely responsible for payment of the Citibank MasterCard and shall take any and all steps necessary to remove Wife's name from this credit card and this debt. (c) Any and all debt, whether credit card or other debt, acquired since the date of separation shall be the sole and separate responsibility of the party who created the debt, regardless of 'whose name the debt is titled. 15. LUMP SUM PAYMENT Within ninety days of the date of execution of this Agreement, Wife shall pay to Husband, a lump sum payment in the amount of $35,000 as his share of equitable distribution. Husband shall be permitted to do whatever he so chooses with the cash payment. 16. CUSTODY The parties shall share legal and physical custody of their minor children, Christine and Kellen Chambers. Rather than being bound by a rigid custody schedule, the custody schedule shall be by mutual agreement between the parties. 17. ATTORNEY'S FEES Wife has agreed to pay the attorney's fees associated with the filing of this divorce action and preparation of this Marital Settlement Agreement. Husband shall be responsible for his own attorney's fees in the event he would incur any. ]0 18. FUTURE OWNERSHIP OF PROPERTY Each of the parties hereto may hereafter own and enjoy, independently of any claims or rights of the other, all items of personal and real property, tangible or intangible, hereafter acquired by him or her, with full power in him or her to dispose of the same as fully and effectively in all respects and for all purposes as though he or she were unmarried. 19. MUTUAL RELEASES The parties hereto acknowledge that under prew~iling Pennsylvania law they each have certain possible fiscal rights, including hut not limited to the following: spousal support, alimony pendente lite in the event of a divome, alimony, permanent alimony subsequent to a divorce, recovery of counsel fees, costs and expenses in the event of a divorce, and the equitable distribution of marital property, as well as the right to seek discovery of assets through interrogatories and/or depositions. It is the intention of the parties hereto that except as otherwise provided herein, all of the foregoin![I rights and remedies are hereby waived and forever released and that this Agreement shall have the effect of a final Order of Court relieving each party of the obligation to the other for any and all of the foregoing possible rights and remedies, except as otherwise provided herein. Specifically, both parties covenant an~d agree that, except as outlined herein, both parties waive, release and forever relinquish their respective possible rights of spousal support of, from and against the other party; neither ]! party will at any time seek alimony pendente lite, counsel fees, costs or expenses from the other party; neither party will see discovery of assets; and the parties have effected an equitable distribution of their marital property and neither will seek further distribution by any action at law or in equity. 20. OTHER WRITINGS Each of the parties hereto agree to execute any and all documents, deeds, bills of sale or other writings necessary to carry out the intent of this Agreement. 21. ENTIRE AGREEMENT This Agreement constitutes the entire understanding between the parties, and there are no covenants, conditions, representations or agreements, oral or written, of any nature whatsoever, other than those herein contained. 22. LEGALLY BINDING It is the intent of the parties hereto to be legally bound hereby and this Agreement shall bind the parties hereto and his or her ]respective heirs, executors, administrators and assigns. 23. COSTS TO ENFORCE In the event that either party defaults in the performance of any duties or obligations required by the terms of this Agreement, and both extra-judicial and judicial proceedings are commenced to enforce such duty or obligations, the party found to be in default shall be liable for all expenses, including reasonable attorneys' fees, incurred as a result of such proceeding. 24. AGREEMENT VOLUNTARILY AND CLEARLY UNDERSTOOD Each party to this Agreement acknowledges and declares that he or she respectively: a. Is fully and completely informed as to the facts relating to the subject matter and their Agreement as the rights and liabilities of both parties; Has given careful and mature thought to the making of this Agreement; C. d. Has carefully read each provision of this ,Agreement; Fully and completely understands each provision of this Agreement, both as to the subject matter and legal affect. 25. AMENDMENT OR MODIFICATION This Agreement may be amended or modified only by a written instrument signed by both parties. 26. 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 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 paragraphs herein, with the exception of the satisfaction of the conditions precedent, shall in no way avoid or alter the remaining obligations of the parties. 27. LAW APPLICABLE This Agreement shall be governed, construed and enforced under the statute and case law of the Commonwealth of Pennsylvania. 28. HEADINGS NOT PART OF AGREEMENT Any headings preceding the text of the paragraphs and subparagraphs herein, 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. BY SIGNING THIS AGREEMENT, EACH PARTY ACKNOWLEDGES HAVING READ AND UNDERSTOOD THE ENTIRE AGREEMENT, AND EACH PARTY ACKNOWLEDGES THAT THE PROVISIONS OF THIS AGREEMENT SHALL BE AS BINDING UPON THE PARTIES AS IF THEY WERE ORDERED BY THE COURT AFTER A FULL HEARING. IN WITNESS WHEREOF, the parties hereto have executed this Agreement the day and year first written above. WITNESS: Witness Witness /"' Sharon A. Cl~ambers ~ Ma¢'l~ W. Chambers ]5 SHARON A. CHAMBERS, Plaintiff/Petitioner VS. MARK W. CHAMBERS, Defendant/Respondent IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 04-91 CIVIL ACTION - LAW DIVORCE AFFIDAVIT OF CONSENT AND UNDER 3301(c} OF THE DIVORCE CODE A Complaint in divorce under § 3301 (c) of the Divorce Code was filed on January 8, 2004. The marriage of Plaintiff and Defendant is irretrievably broken and ninety (90) days have elapsed from the date of filing and service, of the Complaint. I consent to the entry of a final decree of divorce without formal notice of the intention to request entry of a divorce decree. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses ifI do not claim them before a divorce is granted. I verify that the statements made in this Affidavit are tree and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. Cons. Stat. § 4904, relating to unsworn falsification to authorities. Date: /7t/ZJ-/t>9 ~,~~c~~ "Sharon ~. Chambers SHARON A. CHAMBERS, Plaintiff/Petitioner VS. MARK W. CHAMBERS, Defendant/Respondent IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 04-91 CIVIL ACTION - LAW DIVORCE WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER 3301(C) OF THE DIVORCE CODE 1. I consent to the entry of a final decree of divorce without notice. 2. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if I do not claim them before a divorce is granted. 3. I understand that I will not be divorced until a divorce decree is entered by the Court and that a copy of the Decree will be sent to me immediately after it is filed with the Prothonotary. I verify that the statements made in this Affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. Cons. Stat. § 4904, relating to unsworn falsification to authorities. Date: ~haroh A. Chambers- SHARON A. CHAMBERS, Plaintiff/Petitioner VS. MARK W. CHAMBERS, Defendant/Respondent : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 04-91 : : CIVIL ACTION - LAW : DIVORCE AFFIDAVIT OF CONSENT AND UNDER 3301(c) OF THE DIVORCE, CODE A Complaint in divorce under § 3301 (c) of the Divorce Code was filed on January 8, 2004. The marriage of Plaintiff and Defendant is irretrievably broken and ninety (90) days have elapsed from the date of filing and service of the Complaint. I consent to the entry of a final decree of divorce wit]hour formal notice of the intention to request entry of a divorce decree. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses ifI do not claim them before a divorce is granted. I verify that the statements made in this Affidavit are: tree and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. Cons. Stat. § 4904, relating to unsworn falsification to anthorities. Mar~ W. Chambers SHARON A. CHAMBERS, Plaintiff/Petitioner VS. MARK W. CHAMBERS, Defendant/Respondent : IN THE COUR. T OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 04-91 : : C1VIL ACTION - LAW : DIVORCE WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER 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 fights concerning alimony, division of property, lawyer's fees or expenses ifI do not claim 'them before a divorce is granted. 3. I understand that I will not be divorced until a divorce decree is entered by the Court and that a copy of the Decree will be sent to me immediately after it is filed with the Prothonotary. I verify that the statements made in this Affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. Cons. Stat. § 4904, relating to unswom falsification to authorities. Date:,/--~. ,~._~.~:9.~'~ ,~'"~~ ~_.~. ~ Mark W. Chambers SHARON A. CHAMBERS, Plaintiff V, MARK W. CHAMBERS, Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 04-91 : IN DIVORCE! A~CCEPTANCE OF SERVICri I, Mark W. Chambers, Defendant in the above-captioned divorce action, do hereby accept service of the Complaint in Divorce filed in Cumberland County on January 6, 2004. I understand that by signing this Acceptance of ServiCe, I forfeit no rights or entitlement to marital assets. 6339 Pennsboro Drive Mechanicsburg, PA 17050 SHARON A. CHAMBERS, Plaintiff/Petitioner VS. MARK W. CHAMBERS, Defendant/Respondent IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 04-91 : CIVIL ACTION - LAW : DIVORCE P~RAECIPE TO TRANSMIT REC,,O~RD_ TO THE PROTHONOTARY: Transmit the record, together with the following information, to the Court for entry of a Divorce Decree: Code. Ground for divorce: irretrievable breakdown under 3301(c) of the Divorce 2. Date and manner of service of the Complaint: First Class Mail. Acceptance of Service signed by Defendant on January 20, 2004 and attached as part of the record. 3. Date of execution of the affidavit of consent required by 3301(c) of the Divorce Code: by Plaintiff 4-22-04~; by Defendant .~4-23-04 . 4. Related claims pending: NONE 5. Date Plaintiff's Waiver of Notice in 3301(c) Divorce was filed with the Prothonotary: 4-27-04~; by Defendant__ 4-27_--04 Respectfully submitted, Mindy S. Goodman, Esquire I.D. No. 78407 2215 Forest Hills Dr/ye - Suite 35 Harrisburg, PA 17112 (717) 540-8742 IN THE COURT OF COIVIMON PLEAS OF CUMBERLAND COUNTY STATE OF ~ PENNA. SHARON A. CHAMBERS, Plaintiff Versus MARK W. CHAMBERS, Defendant No ....... 04-91 DECREE IN DIVORCF. AND NOW ...... ~ .Z.~..~. ............. tf~.-~<~. ~ it is ordered and decreed that. SHARON A. CHAMBERS ..., plaintiff, and .... MARK W. CHAMBERSdefendant, are divorced from the bonds of matrimony. The court retains jurisdiction of the following claims which have been raised of record in this action for which a final order has not yet been entered; All issues have been resolved in accorda2ce with the , Marital Settlement Agreement attached hereto.