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HomeMy WebLinkAbout08-1057Law Offices of Lee E. Oesterling & Associates, LLC 42 East Main Street Mechanicsburg, PA 17055 (717)-790-5400 IN THE COURT OF COMMON PLEAS OF THE 91h JUDICIAL DISTRICT CUMBERLAND COUNTY, PENNSYLVANIA LAUREN E. TRIPLETT Plaintiff, No. os- 1057 bvit Term V. Civil Action - Divorce RENNIE P. TRIPLETT Defendant NOTICE TO DEFEND AND CLAIM OF 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) 249-3166 NOTICE OF AVAILABILITY OF COUNSELING THE DIVORCE CODE OF PENNSYLVANIA REQUIRES THAT YOU BE NOTIFIED OF THE AVAILABILITY OF COUNSELING WHERE A DIVORCE IS SOUGHT UNDER ANY OF THE FOLLOWING GROUNDS: 23 Pa.C.S. § 3301(a)(6) - Indignities 23 Pa.C.S. § 3301(c) - Irretrievable Breakdown; Mutual Consent 23 Pa.C.S. § 3301(d) - Irretrievable Breakdown; Two year separation where the court determines that there is a reasonable prospect of reconciliation A list of marriage counselors is available in the Office of the Prothonotary, Cumberland County Courthouse, 1 Courthouse Square, Carlisle, Pennsylvania 17013. Telephone: (717) 240-6194. LEE E. OE ING & ASSOCIATES, LLC ee es I. 320 Attorney for Plaintiff 42 East Main Street Mechanicsburg, PA 17055 (717)790-5400 Law Offices of Lee E. Oesterling & Associates, LLC 42 East Main Street Mechanicsburg, PA 17055 (717)-790-5400 IN THE COURT OF COMMON PLEAS OF THE 9th JUDICIAL DISTRICT CUMBERLAND COUNTY, PENNSYLVANIA LAUREN E. TRIPLETT Plaintiff, . No. D?• /65'7 Cuic-Q ?[?.-.. V. RENNIE P. TRIPLETT Defendant : Civil Action - Divorce COMPLAINT UNDER SECTION 3301(C) OR 3301(D) OF THE DIVORCE CODE 1. Plaintiff is Lauren E. Triplett, an adult individual, sui juris, who currently resides at 131 Winston Drive, City of Mechanicsburg, County of Cumberland, Commonwealth of Pennsylvania 17055. 2. Defendant is Rennie P. Triplett, an adult individual, sui juris who currently resides at 4612 Brian Road, City of Mechanicsburg, County of Cumberland, Commonwealth of Pennsylvania 17050. 3. Plaintiff has been a bona fide resident of the Commonwealth of Pennsylvania for a period of more than six (6) months immediately preceding the filing of this complaint. 4. The parties were married on the 9th day of June 2001, County of Cumberland, Commonwealth of Pennsylvania. 5. 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. 6. There have been no prior actions for divorce or annulment instituted by either of the parties in this or any other jurisdiction. 7. For purposes of § 3301(d) of the Divorce Code, the parties have been living separate and apart since on or about September 22, 2007. 8. The marriage is irretrievably broken. 9. Plaintiff has been advised that counseling is available and that Plaintiff may have the right to request that the court require the parties to participate in counseling. 10. Plaintiff intends to file an affidavit of consent after 90 days have elapsed from the date of service of the Complaint on the defendant and believes that defendant will also file such an affidavit. COUNTI REQUEST FOR A NO-FAULT DIVORCE UNDER § 3301(c) OF THE DIVORCE CODE 11. The prior paragraphs of this Complaint are incorporated herein by reference thereto. 12. The marriage of the parties is irretrievably broken. WHEREFORE, Plaintiff respectfully requests the Court to enter a decree of divorce pursuant to § 3301(c) of the Divorce Code. LAW OF91"4S,QF LEE E. OESTERLING & ASSOCIATES, LLC Lee E. Oesterling TD. # 71320 Attorney for Plaintiff 42 East Main Street Mechanicsburg, PA 17055 (717)790-5400 r VERIFICATION I verify that upon personal knowledge or information and belief that the statements made in this Complaint 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: 1/ `sl U$ CALAM 2`-iL4Q i L Plaintiff y} C- C7 U l I I a V? y r Ca 1? u? SEPARATION AGREEMENT This Agreement is madeTa iuo l(o? , 2CM [date], at &LM12 4i ll , Pennsylvania, between Lauren E. Triplett, referred-to as the "Wife," currently residing at 131 Winston Drive, Mechanicsburg, PA 17055 and Rennie P. Triplett, referred to as the "Husband," currently residing at 4612 Brian Road, Mechanicsburg, Pennsylvania 17050. They are collectively referred to as the "Parties." ARTICLE L RECITALS Consideration 1.01. The consideration for this Agreement is the mutual benefit to be obtained by both Parties and the mutual covenants and agreements of the Parties to each other. Agreement Voluntary and Clearly Understood 1.02. Each Party to this Agreement acknowledges and declares that he or she, respectively: (1) Is represented by counsel of his or her own choosing, or having been advised of the opportunity to seek independent counsel has knowingly and voluntarily chosen not to seek said counsel. (2) Is fully and completely informed of the facts relating to the subject matter of this Agreement and of the rights and liabilities of the Parties. (3) Enters into this Agreement voluntarily after receiving the advice of counsel, if any. (4) Has given careful and mature thought to the making of this Agreement. (5) Has carefully read each provision of this Agreement. (6) Fully and completely understands each provision of this Agreement, both as to subject matter and legal effect. Agreement Prepared Jointly by Both Parties 1.03. This Agreement has been prepared by the joint efforts of the Parties. Finality of Agreement 1.04. (a) This Agreement shall be submitted to the Court of Common Pleas of Cumberland County. The Parties intend this Agreement to be incorporated into and merged with the final divorce decree, and understand that the provisions contained in this Agreement concerning spousal support, child support, custody of children, and visitation are to be subject to the continuing jurisdiction of the Court of Common Pleas of Cumberland County. The Parties agree that these provisions may be modified at any time on application of either Party on a showing of changed circumstances, and may be enforced in the manner of a divorce decree. (b) Notwithstanding Paragraph 1.04(a), above, the Parties intend that the provisions governing the settlement of their property rights contained in this Agreement, as approved by the Court, to be final and nonmodifiable other than by subsequent agreement of the Parties; those provisions are intended to survive any court order or decree of divorce, and are to be enforceable as the independent contractual obligations of the Parties after the entry of any such order or decree. Date of Marriage 1.05. The Parties were married on June 9, 2001, at Cumberland County, Pennsylvania, and ever since that date have been, and are now, husband and wife. Children of Parties 1.06. The names, sexes, and dates of birth of the children of this marriage are as follows: Joseph F. Triplett, Male, DOB: 3-12-2005. The Parties have no other issue, living, and have no adopted children. Separation of Parties and Divorce Action 1.07. The Parties agree that grounds for their divorce from the bonds of matrimony currently exist, and they are currently living separate and apart. A complaint for the divorce of the Parties is to be filed by Wife in the Court of Common Pleas of Cumberland County, Pennsylvania, contemporaneous with the execution of this Agreement. ARTICLE II. PURPOSES OF AGREEMENT AND EFFECTIVE DATE Settlement of Property 2.01. It is the purpose and intent of this Agreement to settle forever and completely the interests and obligations of the Parties in all property that they own separately, and all property that would qualify as marital property under the Pennsylvania Divorce Code, Title 23, Section 401(e) and that is referred to in this Agreement as "marital property," as between themselves, their heirs, and assigns. The Parties have attempted to divide their marital property in a manner that conforms to a just and fair standard, with due regard to the rights of each Party. The division is made in consideration of the following facts and circumstances: The length of the marriage, ages of the parties, education, earning capacities, child care responsibilities, health and potential inheritances. The division of existing marital property is not intended by the Parties to constitute in any way a sale or exchange of assets, and the division is being effected without the introduction of outside funds or other property not constituting a part of the marital estate. Support of Either Spouse 2.02. It is the intent and purpose of Article VII to provide for the continuing support, if any, owed to either party now or after the divorce. A support obligation, if any, is not intended in any way to constitute a form of exchange for any rights or interest that either party already possess in the marital property. Effective Date 2.03. This agreement shall become effective immediately as of the date of execution. Agreement Contingent on Divorce 2.04. If the contemplated divorce is not granted within 36 months from the date on which this Agreement is executed, the Agreement shall be null and void and of no further force and effect. Effect of Reconciliation 2.05. If after the divorce of the Parties is final, they reconcile and resume cohabitation, regardless of whether they subsequently remarry each other, this Agreement shall remain in full force and effect. ARTICLE III. DISCLOSURES Warranty of Full Disclosure . 3.01. Each Party represents and warrants that he or she has made a full and fair disclosure to the other of all of his or her property interests of any nature, including any mortgage, pledge, lien, charge, security interest, encumbrance, or restriction to which any property is subject. Each Party further represents that he or she has made a full and fair disclosure to the other of all debts and obligations of any nature for which he or she is currently liable or may become liable. Each Party further represents and warrants that he or she has not made any gifts or transfers for inadequate consideration of marital property without the prior consent of the other. No representation or warranty by either Party in this Agreement or in any writing furnished pursuant to this Agreement contains any untrue statement of a material fact, or omits any material fact required to make the statement not misleading. Financial Affairs 3.02. Each party has provided to the other to the best of their respective knowledge and belief of both Parties, any information which fairly presents the marital property as of the date of separation (September 22, 2007) disclosing all marital property, and all debts, liabilities, and obligations of the Parties that are due, contingent, or that may become due, including liabilities for any taxes as of the date of separation (September 22, 2007). Continued Validity of Financial Statement 3.03. Between the date on which the parties separated and the date of this Agreement, neither Party has: (1) Incurred any obligations or liabilities except current liabilities incurred in the ordinary course of business. (2) Mortgaged or encumbered any marital property, tangible or intangible. (3) Cancelled any debtor claim or sold or transferred any marital property, except sales out of inventory in the ordinary course of business. (4) Suffered any damage, destruction, or loss, whether or not covered by insurance, affecting marital property, business, or prospects, or waived any jointly held right of substantial value. (5) Entered into any transaction in any way related to any marital property other than in the ordinary course of business. Since the date of separation, there has been no event or change in condition, financial or other- wise, materially affecting the value of any marital property, other than changes in the ordinary course of business. Access to Tax Returns 3.04. Each Party acknowledges that, to the extent desired, he or she has had access to all joint and separate state and federal tax returns filed by or on behalf of either or both Parties during marriage. Litigation 3.05. There are no actions or proceedings pending against either Party or involving any marital property at law or in equity, or before any federal, state, municipal, or other governmental body. Neither Party is aware of any facts that might result in any action, suit, or proceeding against either Party or against any marital property. Neither Party is in default with respect to any order or decree of any court or of any governmental body, and no marital property is liable for the payment of any obligation by order or decree of any court or governmental body. Tax Return Filings 3.06. All federal, state, and local tax returns required to be filed by the Parties have been filed, and all federal, state, and local taxes required to be paid with respect to the periods covered by the returns have been paid. Neither Party has been delinquent in the payment of any tax, assessment, or governmental charge. Neither Party has had any tax deficiency proposed or assessed against him or her, nor has executed any waiver of the statute of limitations on the assessment or collection of any tax. Title to Properties and Assets 3.07. All marital property, without limitation and that subsequently acquired, has good and marketable title. No marital property is subject to any mortgage, encumbrance, or restriction, except as disclosed on the Financial Statement as securing specified liabilities. ARTICLE IV. CONFIRMATION OF SEPARATE PROPERTY AND SEPARATE DEBTS Husband's Separate Property 4.01. The Parties confirm that the following property is, at all times during marriage was, and shall after divorce remain, the separate property of Husband: All such property including household goods has been identified by the parties and is to be divided prior to the execution of. this agreement. The Parties further confirm that any income from and increases in value in this separate property that accrued during marriage were solely due to reasons wholly independent from any contribution made by Wife, and that this income and appreciation in value is the separate property of Husband. Wife's Separate Property 4.02. The Parties confirm that the following property is, at all times during marriage was, and shall after divorce remain, the separate property of Wife: All such property including household goods has been identified by the parties and is to be divided prior to the execution of this agreement. The Parties farther confirm that any income from and increases in value in this separate property that accrued during marriage were solely due to reasons wholly independent from any contribution made by Husband; and that this income and appreciation in value is the separate property of Wife. Separate Property of Husband With Marital Interest 4.03. The Parties confirm that the following property is, at all times during marriage was, and shall after divorce remain, the separate property of Husband: all inheritances, pensions or retirement plans as well as appreciations in value of same. Separate Property of Wife With Marital Interest 4.04. The Parties confirm that the following property is, at all times during marriage was, and shall after divorce remain, the separate property of Wife: all inheritances, pensions or retirement plans as well as appreciations in value of same. Release of Interest in Separate Property 4.05. Except as set forth in Paragraphs 4.03 and 4.04, each Party releases forever any claim to or interest in the separate property of the other as set forth in this Article IV, whether the interest might arise incident to the marital relationship or otherwise. Separate Debts of Husband 4.06. The Parties confirm that the separate debts of Husband, at all times during marriage were, and after divorce shall remain, the separate debts of Husband. Separate Debts of Wife 4.07. The Parties confirm that the separate debts of Wife, at all times during marriage were, and after marriage shall remain, the separate debts of Wife. Indemnity for Separate Debts 4.08. Each Party agrees to pay his or her separate debts as set forth in Paragraphs 4.06 and 4.07 of this Agreement. Each agrees to hold the other harmless from any and all liability on account of these separate debts and obligations. If any claim, action, or proceeding seeking to hold the other Party liable on account of these debts and obligations is instituted, the responsible Party will at his or her sole expense defend the other Party, and indemnify the other Party against any loss that he or she incurs as a result of the claim, action, or proceeding. Release of Interest in After-Acquired Property 4.09. All property, income, earnings, and assets acquired by either Party subsequent to the effective date of this Agreement shall be the separate property of the owner Party, and each Party specifically releases any interest in the separate property of the other. Exemption From Equitable Distribution 4.10. The Parties acknowledge that the existence of and value of all separate property and the existence of and amount of all separate debts as set forth in this Article were not considered in determining the division of the marital property of the Parties as set forth in Article V of this Agreement or the allocation of the joint debts of the Parties as set forth in Article VI. ARTICLE V. DIVISION OF MARITAL PROPERTY Marital Property 5.0 1. All marital property of the Parties subject to division in this Article is set forth in this agreement or has previously or contemporaneously been divided by the parties. Property to Wife 5.02. Wife shall receive from the marital property, to own and enjoy as her separate property, the following described properties, rights, and interests: All Property currently in her possession or independently titled to her. Property to Husband 5.03. Husband shall receive from the marital property, to own and enjoy as his separate property, the following described properties, rights, and interests: All Property currently in his possession or independently titled to him and the sum of $500.00 to be paid to him by Wife upon finalization of the Divorce. Sale of Property 5.04. The following property shall be sold as soon as possible and the proceeds from the sale, after payment of all liens, encumbrances, and costs of sale, shall be divided equally between the Parties: None. Assumption of.Encumbrances and Indemnity 5.05. Each Party assumes all encumbrances and liens on all of the property transferred to him or her pursuant to this Agreement as specified below. Each Party agrees to indemnify and hold the other Party harmless from any claim or liability that the other Party may incur because of any encumbrances or liens. If any claim, action, or proceeding seeking to hold the other Party liable on account of any lien or encumbrance is instituted, the responsible Party will at his or her sole expense defend the other Party, and indemnify the other Party against any loss that he or she incurs as a result of the claim, action, or proceeding. Property Insurance 5.06. All insurance on property transferred pursuant to this Agreement is assigned to the Party receiving the property, and payment of the insurance premiums from this date on shall be the sole responsibility of the Party to whom the insurance is assigned. ARTICLE VI. PAYMENT OF DEBTS AND OBLIGATIONS Joint Debts 6.01. All joint debts and obligations of the Parties subject to division in this Article are set forth herein. Debts to Be Paid 6.02. The following unsecured debts shall be paid as follows: None. Assumptions by Husband 6.03. Husband agrees to pay and to hold Wife harmless on the following debts and obligations: All personal debts and obligations. If any claim or action is initiated seeking to hold Wife liable for any of these debts or obligations, Husband will, at his sole expense, defend Wife against the claim or action, and indemnify her against any loss resulting from the proceeding. Assumptions by Wife 6.04. Wife agrees to pay and to hold Husband harmless on the following debts and obligations: All personal debts and obligations. If any claim or action is initiated seeking to hold Husband liable for these debts or obligations, Wife will, at her sole expense, defend Husband against the claim or action, and indemnify him against any loss resulting from the proceeding. Subsequent Debts 6.05. Each Party agrees to pay and to hold the other Party harmless from any and all personal debts and obligations incurred by him or her from the date of this Agreement. If any claim, action, or proceeding seeking to hold the other Party liable on account of any future debt or obligation is instituted, the responsible Party will at his or her sole expense defend the other Party against it, and indemnify the other Party against any loss that he or she incurs as a resulbof the claim, action, or proceeding. ARTICLE VII. SPOUSAL SUPPORT & LIFE INSURANCE Purpose and Intent of Article 7.01. Neither party shall pay to the other any spousal support or alimony or alimony pendente lite Life Insurance 7.02. Husband and Wife shall at their own option may provide life insurance for their minor child. ARTICLE VIII. CUSTODY AND VISITATION OF CHILDREN Custody 8.01. The Parties have given serious consideration to the future welfare of their child and agree, subject to the further order of the Court of Common Pleas, that Husband and Wife shall share legal custody and that Wife shall have primary physical custody and control of the minor child(ren) of the marriage. Subject to Husband's right to partial custody as the parties from time to time agree. The parties will agree to the sharing of holidays. Expenses 8.03. During all periods of custody, each party shall assume all expenses for the children's support and maintenance. No Waiver 8.04. Should either party be unable to exercise visitation on any particular occasion, they shall notify the other in a reasonable amount of time before the time for custody. Any inability or other failure to exercise custody shall not be considered a waiver of any right to custody as set forth in this Article. ARTICLE IX. CHILD SUPPORT Support During Periods of Custody . 9.01. Both parties shall be independently responsible for support during their periods of custody and neither party shall therefore pay child support to the other. Wife shall be responsible for the cost of daycare to during the hours of 7:30 AM to 5:30 PM, Monday through Friday. Medical and Dental Insurance 9.02. Husband shall provide all medical and dental insurance or shall pay the cost of same in the event of unemployment. During the pendency of the divorce Husband shall continue to provide health insurance coverage for Wife. Uninsured Medical and Dental Expenses 9.03. The parties shall pay equally any medical, dental, surgical, and hospital expenses not covered by insurance for all services rendered to each child in any calendar year. Payments under this section shall terminate as to each child who attains the age of majority defined as 18 years, marries, or is otherwise emancipated, whichever of these events occurs first. ARTICLE X. TAXES OF HUSBAND AND WIFE Tax Deficiencies and Refunds for Prior Years / Dependency Exemption 10.01. It is agreed that both parties shall be liable for and shall pay any and all deficiencies in state and federal income taxes, including penalties and interest, related to the joint income tax returns of the Parties for all years prior to 2007, and shall be entitled to any refund due the Parties for those years. The parties shall share jointly-any and all costs of defending any action before the IRS. Wife shall have the Dependency Exemption for Joseph E. Triplett as long as he shall be considered a dependent by applicable tax laws. ARTICLE XI. FEES AND COSTS Limitation of Parties' Liabilities 11.02. Except as provided in Paragraph 11.0 1, neither Party shall be liable to the other for any costs or fees incurred by either in connection with the negotiation, preparation, and execution of this Agreement and in connection with any action initiated by either Party for the purpose of obtaining a decree of divorce of the Parties. ARTICLE XII. GENERAL PROVISIONS Release of All Claims 12.01. Except as specifically set forth in this Agreement, each Party to this Agreement releases the other from all claims, liabilities, debts, obligations, and causes of action that have been incurred during the marriage between the Parties. General Duty to Indemnify 12.02. Each Party represents and warrants to the other that he or she has not incurred any debt, obligation, or other liability, other than those described in this Agreement, on which the other Party is or may be liable. Each Party covenants that if any claim, action, or proceeding is initiated seeking to hold the other Party liable for any debt, obligation, liability, act, or omission related to the marriage of the Parties for which that Party is responsible under the terms of this Agreement, the responsible Party will, at his or her sole expense, defend the other against the claim or action. In addition, each Party covenants that he or she will indemnify and hold harmless the other Party with respect to all damages resulting from the proceeding. Damages, as used in this Agreement, shall include any loss, cost, or other liability without limitation that results from the prosecution of any claim, action, or demand. Damages shall also include reasonable attorneys' fees and other expenses incurred in the investigation or in the attempt to avoid the litigation or in enforcing any indemnity. In addition, the damages must result from any inaccurate representation made by or on behalf of either Party to the other in or pursuant to this Agreement, or from a breach of any of the covenants, promises, or obligations made by or incurred by either Party in or pursuant to this Agreement. Each Party agrees to give the other prompt written notice of any demand, claim, or litigation that is threatened or instituted against him or her and that might constitute the basis of a claim for indemnity pursuant to the terms of this Paragraph. Credit Cards and Accounts 12.03. Except as otherwise provided herein, all existing charge accounts and credit cards in the names of Husband and Wife, or in the name of either of them under which the other may be extended credit for purchases, shall be closed or surrendered to their issuer as of the effective date of this Agreement. Right to Live Separately and Free From Interference 12.04. The Parties shall live separate and apart from each other, and neither Party shall interfere with the other Party in any respect. Each Party may carry on and engage in any employment or other activity as he or she may deem desirable for his or her sole use and benefit. Neither Party shall interfere with the use, ownership, or disposition of any property now owned or subsequently acquired by the other. Acts Prior to Entry of Divorce Decree 12.05. Each Party agrees that from the date of execution of this Agreement through the date of entry of the divorce decree neither will dispose of any marital property other than in the ordinary course of business, without the written consent of the other. Neither shall enter into any transaction or perform any act that would constitute a breach of the representations, warranties, or promises contained in this Agreement. Each Party will afford to the other or their representative, reasonable access, during normal business hours, to the books and records of all marital property, and will cooperate in their examination. No examination, however, shall constitute a waiver or relinquishment by either of the right to rely on the covenants, representations, and warranties of the other as provided in this Agreement. Each agrees to hold in confidence all information so obtained, and any document or instrument obtained pursuant to this Paragraph shall be held on an express trust for and on behalf of the other. Nature and Survival of Representations and Warranties 12.06. All statements of fact contained in any document delivered by either Party to the other for information or reliance pursuant to this Agreement shall be considered representations and warranties under this Agreement. All representations and warranties of the Parties shall survive the entry of the divorce decree. Records of Marital Property 12.07. For a period of 3 years following the date of entry of the divorce decree, the books of account and records of all marital property pertaining to all periods during marriage and prior. to the date of entry of the divorce decree shall be available for reasonable inspection by either Party or their representative for use in connection with any lawful purpose. Waiver of Rights to Other Party's Estate 12.08. Each Party waives any and all of the following rights: (1) To inherit any part of the estate of the other at his or her death. (2) To receive property from the estate of the other by bequest or devise, except under a will or codicil dated subsequent to the effective date of this Agreement. (3) To act as a personal representative of the estate of the other on intestacy. (4) To act as an executor under the will of the other, unless nominated by a will or codicil dated subsequent to the effective date of this Agreement. Manner of Payments and Notice 12.09. All payments and notices provided for in this Agreement shall be considered properly and timely made if deposited in the United States mail in an envelope bearing adequate postage and addressed to the recipient at the address specified in this Agreement, or at any other address that may be designated in writing, on or before the date provided for in this Agreement. Execution of Other Documents 12.10. Each of the Parties shall on demand execute and deliver any document and do any act that may be necessary or desirable to effectuate the provisions and purposes of this Agreement. If either Party fails on demand to comply with this provision, that Party shall pay to the other all attorneys' fees, costs, and other expenses reasonably incurred as a result of the failure. No Other Agreements 12.11. This Agreement supersedes any and all other agreements between the Parties, either oral or written, that relate to the rights and liabilities arising out of the marriage. This Agreement constitutes the entire agreement of the Parties. Partial Invalidity 12.12. If any provision of this Agreement is held by a court of competent jurisdiction to be invalid, void, or unenforceable, the remaining provisions shall continue in full force and effect without being impaired or invalidated. Waiver of Breach 12.13. The waiver by one Party of any breach of this Agreement by the other Party shall not be deemed a waiver of any other provision of this Agreement or of any subsequent breach of the same provision. Amendment or Modification 12.14. This Agreement may be amended or modified only by a written instrument signed by both Parties, except for the provisions governing child support and child-custody and visitation rights, which may be amended or modified by court order on application of one of the Parties if the court deems amendment or modification to be in the best interests of the child. Successors and Assigns 12.15. This Agreement, except as it otherwise expressly provides, shall be binding on and shall inure to the benefit of the legatees, devisees, heirs, executors, administrators, assigns, and successors in interest of the Parties. Specific Performance 12.16. This Agreement maybe enforced by an action for specific performance. Law Governing Agreement 12.17. This Agreement shall be governed by, and shall be construed in accordance with, the laws of the Commonwealth of Pennsylvania. I&witness of this Agreement, the Parties set their hands and affix their seals on the date and year written above, with the intent to be legally bound. oa?? e4 , rSEAL ] Lauren E. Triplett .12-4441A_ SEAL] " R fie P. Triplett Acknowledgment Commonwealth of Pennsylvania County of Cumberland I certify that onUobefore me, the undersigned, personally appeared Lauren E. Triplett and Re ie P. Triplett, known to me or satisfactorily proven to be the persons whose names are subscribed to the above instrument, and acknowledged that they executed the instrument for the purposes expressed in the instrument. In witness to which I set my hand and official seal. MONWEALIH Of PENNSYLVANIA Notary Pub 'c NOTARIAL SEAL STEPHANIE NEBL, Notary Public Cam Hill Boro, Cumberland County *1 a2ift s Jan. 25, 201I My Commission Expires o? oZ0// m ? , Lp 13 IN THE COURT OF COMMON PLEAS OF THE NINTH JUDICIAL DISTRICT, CUMBERLAND COUNTY, PENNSYLVANIA LAUREN E. TRIPI.FTT Plaintiff, V. RENNIE P. TRIPLETP Defendant No. 08-1057 Civil Teeree Civil Action - Divorce NOTICE OF Ilq'TE MTION TO REQUEST ENTRY OF § 3M (e) DIVORCE DECREE UNDER Pa. R.C P.19S0AZ(d) TO: RENNIE, P. TRIPLE°!T 41 VILLAGE COURT MECIIANICSSURG, AP 17050 You have siped a section 3301-C Affidavit co g to the entry of a divorce decaee. Therefore, on or after, June 22, 2008, the: odwr party can request the court to cum a final deem in divorce. Unless you have already filed with the covet a writtm claim for economic relief; you amst do so by the date in the pI g ph &bove, or the court may grant the divotm and you will lose forever the right to ask for economic relief. The filing of the form cwunteraffidevit alone does not prafiect your economic clams. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYM AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TEi?1?SOIr1E THE OlIKS SET FORTH BELOW TO FIND OUT WAEI(tE YOU CAN GET LEGAL H!". Cast Admianistralor 4a Floor Cumberland County Cowftm Carlisle, PA 17013 Telephone No. (717) 240.6200 Supine Coot LD. #71320 42 East Mom Street Mechmni csbwg, PA 17055 Attorney for Plaintiff Date of Mailing 6-2-08 via Heat Claw Mail POMP Prepaid r-a .?.; _ ? x'61 i•? . i.f c Law Offices of Lee E. Oesterling, LLC 42 East Main Street Mechanicsburg, PA 17055 (717) 790-5400 IN THE COURT OF COMMON PLEAS OF THE 9TH JUDICIAL DISTRICT CUMBERLAND COUNTY, PENNSYLVANIA LAUREN E. TRIPLETT Plaintiff, : No. 08-1057 Civil Term v. RENNIE P. TRIPLETT Defendant Civil Action - Divorce AFFIDAVIT OF CONSENT 1. A complaint in divorce under Section 3301(c) of the Divorce Code was filed on FebnM 15 2008 2. The marriage of plaintiff and defendant is irretrievably broken, and ninety (90) days have elapsed firom the date of filing and service of the Complaint. 3. 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 state,twrts made in this affidavit are true and correct. I understand that false stets herein are made subject to the penalties of 18 Pa.C.S. §4904 relating to unsworn falsification to mahorities. Date: 6e LAUREN E. TRIPLETT, Plaintiff ra i ?w +, cp Law Offices of Lee E. Oesterling, LLC 42 East Main Street Mechanicsburg, PA 17055 (717) 790-5400 IN THE COURT OF COMMON PLEAS OF THE 9TH JUDICIAL DISTRICT CUMBERLAND COUNTY, PENNSYLVANIA LAUREN E. TRIPLETT Plaintiff, V. RENNIE P. TRIPLETT Defendant No. 08-1057 Civil Term Civil Action - Divorce AFFIDAVIT OF CONSENT 1. A complaint in divorce under Section 3301(c) of On Divorce Code was filed on FebruM 15, 2008 2. The marriage of plaintiff and defendant is irretrievably broken, and ninety (90} days have elapsed from the date of filing and service of the Complaint. 3. I consent to the entry of a final decree of divorce after service of notice of intention to request entry of the decree. I verify that the statements madie 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 unworn falsificeho' n to audwrides. Date: 5/3dO w y.,... Mid } Ln ??"` M Law Offices of Lee E. Oesta ft & Associates, LLC 42 East Main Street Mechanicsburg, PA 17055 (717)-790-5400 IN THE COURT OF COMMON PLEAS OF THE 9* JUDICIAL DISTRICT CUMBERLAND COUNTY, PENNSYLVANIA ]LAUREN E. TRIPLETT Plaice : No. 08-1057 Civil Term V. RENN]E P. TRIPLETT Defendant Civil Action - Divorce I accept service of the Complaint in Divorce, Notice to Defend and Notice of Availability of Counseling in the above-cam matter. I acknowledge that I am the Defendant in said matter or that I am authorized to accept on behalf of the Defendant. cr DA 'It ANT OR AU HORIM AG I#! VwQ/y e C+. I?'(ecyi.an;csb?c? PA 1?bSU MAHING ADD 3 - lw t "j cc, Law offices of Lee E. Oesterling, LLC 42 East Main Street Mechanicsburg, PA 17055 (717)790-5400 IN THE COURT OF COMMON PLEAS OF THE NINTH JUDICIAL. DISTRICT, CUMBERLAND COUNTY, PENNSYLVANIA LAUREN E. T TT Plaintiff, V. No. 0$-10 Civil Term Civil Action - Divorce REN 41E P. TRIPLETT Defendant PRAECIPE TO TRANS110IT THE RECORD To Tie Prno?tar': Transmit the record, topdwr with the following information, to the Court for entry of a divorce decree: 1. Ground for divorce: irretrievable bnx&down under Section (s) 3301(c) () 3301(4)(1) of the Divorce Cock. (Omck applicable section). 2. Dee and nw mier of service of the complamt Service on February 29,20W via Acceptaiew of Service sigma by ddaident 3. Complete either pwWWh (a) or (b). (a) Date of execution of the affidavit of cent required by Section 3301 (c) of the Divorce Code: by puff Mx!r 3-4. 2008 by defendant Mav 30, 29W (b) (1) D U of awcutiorn ofdw plaintiffs affidavit required by Section 3301(d) of the Divorce Cock: jam,,; (2) date of service of the Pkinitifh affidavit upon titre Def wdant:R& 4. Complete the appropriate paragraph(s). (a) Related claims pending: None (b) Claims withdrawn: None (c) Claims settled by agreement of the per: Sefflement Agreement Atbnbed and Incorporated by reference to Divorce Decree. (d) State whether any agreement is to be incorporated into the Decree. Marital Settlentent A reeawt to be Incorporated and is attached her to. If so, attach a true and correct copy of the fully executed agreement: (e) Has a request for counseling been made by either party? : No. N so, has the counseling been completed?: N/A. 5. I certify that the notice required by Rule 1920.42(e) was mailed on: Jane 2, 2008 and a copy thereof is attached. LEE E. OESTERLING, LLC Lee E. OesM m&?uim Attoney I.D. #71320 Attorney for Plaintiff 42 East Main Street Mechanicsburg, PA 17055 (717)790-5400 CA) ? 91 r3 C=) -c IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY %rak Aft STATE OF PENNA. r TR/ALF?T No. 17A - Za5-7 caw, VERSUS DECREE IN DIVORCE AND NOW, J 1 00 IT IS ORDERED AND DECREED THAT f//O/ PLAINTIFF, AND_C/IOAUk A ''7X1-A'ZZTT , DEFENDANT, 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; ;7AIvll x y IA., ZD05 BY THE COURT: A ST: PROTHONOTARY L. ,L