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HomeMy WebLinkAbout04-0241 ANDREW M. BAILEY, Plaintiff, IN THE COURT OF COMMON PLEAS FOR CUMBERLAND COUNTY PENNSYLVANIA v. CNIL ACTION - LAW NO. 04 - ;)'4{ C'w~L"J-~ CATHY R. BAILEY, Defendant NOTICE TO DEFEND AND CLAIM RIGHTS TO: Cathy R. Bailey 1797 Cessna Street Carlisle, P A 17013 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 wamed 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. When the ground for divorce is indignities or irretrievable breakdown of the marriage, you may request marriage counseling. A list of marriage counselors is available in the office of the Prothonotary at the Cumberland County Courthouse, One Courthouse Square, Carlisle, Pennsylvania. IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY, LAWYER'S FEES OR EXPENSES BEFORE A DIVORCE OR ANNULMENT IS GRANTED, YOU MAY LOSE THE RIGHT TO CLAIM ANY OF THEM. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY BAR ASSOCIATION 2 Liberty Avenue Carlisle, Pennsylvania 17013-3387 PHONE: (717) 249-3166 294916.1 Plaintiff, IN THE COURT OF COMMON PLEAS FOR CUMBERLAND COUNTY PENNSYLVANIA ANDREW M. BAILEY, v. CNIL ACTION - LAW (l NO. CLj- ~41 . . L~~ ~u ~ J &.:...""'1. CATHY R. BAILEY, Defendant COMPLAINT UNDER & 3301 OF THE DIVORCE CODE I. Plaintiff is Andrew M. Bailey who currently resides at 504 Third Street, Carlisle, Cumberland County, Pennsylvania, 17013. 2. Defendant is Cathy R. Bailey who currently resides at 1797 Cessna Street, Carlisle, Cumberland County, Pennsylvania, 17013. 3. Plaintiff has been a bona fide resident ofthe 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 September 10, 1988. 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 has been no prior action for divorce or annulment instituted by either of the parties in this or any other jurisdiction. 7. The Plaintiffhas 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. 294916.1 8. Plaintiff avers that there were four children born ofthe marriage under the age of 18: Anthony Michael Bailey, DOB: 11/21/90; Tiffany Renee, DOB: 9/6/96; Jon Thomas, DOB: 9/6/96; and Samuel Robert, DOB: 9/20/97. COUNT I REQUEST FOR A NO-FAULT DIVORCE UNDER & 3301(c) OF THE DIVORCE CODE 9. The prior paragraphs of this Complaint are incorporated herein by reference thereto. 10. The marriage of the parties is irretrievably broken. 11. After ninety (90) days have elapsed from the date of the filing and service ofthis Complaint, Plaintiff intends to file an Affidavit consenting to a divorce. Plaintiff believes that Defendant may also file such an Affidavit. WHEREFORE, if both parties file Affidavits consenting to a divorce after ninety (90) days have elapsed from the filing and service of this Complaint, Plaintiff respectfully requests the Court to enter a decree of divorce pursuant to S 3301(c) of the Divorce Code. COUNT II REQUEST FOR A NO-FAULT DIVORCE UNDER & 3301(d) OF THE DIVORCE CODE 12. The prior paragraphs of this Complaint are incorporated herein by reference thereto. 13. The marriage of the parties is irretrievably broken. 14. The parties have been living separate and apart since October 31, 2003; and at the appropriate time, Plaintiff will submit an Affidavit alleging that the parties have lived separate and apart for at least two years as specified in S 3301(d) ofthe Divorce Code. 294916-1 VERIFICATION I, Andrew M. Bailey, verify that the statements made in the foregoing Complaint for Custody are true and correct to the best of my knowledge, information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. S4904, relating to unsworn falsification to authorities. Dated: {- 8- 0 L/ 294916-1 ~ L A:J (.:J -lO.. tt- ~ :{) D ~ ~ . & & i) ~ E; -0 r -1- ti t--.,) c." .) ': -~, ~~:~ - Ii . ~ :-;:::i - ~;jp ;_'.' iTl C.:, . ~.~ ,,) "I~ ' ~ l"';: t.) G. ANDREW M. BAILEY, Plaintiff, IN THE COURT OF COMMON PLEAS FOR CUMBERLAND COUNTY PENNSYLVANIA v. CIVIL ACTION - LAW NO. OJt - ~lil (liu~L [-~ CATHY R. BAILEY, Defendant AFFIDAVIT OF SERVICE I, Andrew C. Spears, Esquire, counsel for Plaintiff Andrew M. Bailey, in the above- captioned divorce action, hereby certify that a true and correct copy of the Complaint in Divorce was served upon Defendant, Cathy R. Bailey, on February 4,2004. Attached hereto, marked as Exhibit A, and incorporated herein by reference, is the return receipt card and a U.S. Postal Service Track & Confirm status report. METZGER, WICKERSHAM, KNAUSS & ERB, P.C. By: c Andrew C. Spears, Esquire Attorney J.D. No. 87737 3211 North Front Street P.O. Box 5300 Harrisburg, P A 1711 0-0300 (717) 238-8187 Attorneys for Plaintiff Dated: d-. -20 - O<-\, 294916-1 , \ , USPS - Track & Confirm Page lofl ..-. Track & Confirm Current Status Track & Confirm Enter Jabel number: I You entered 70023150000677252889 Your item was delivered at 3:52 pm on February 04, 2004 in CARLISLE, PA 17013. (fi"""IJIt_>) A . Track & Confirm FAQs C Notification Options ~ Track & Confirm byemail What Is this? ( .. ) . POSTAL INSPECTORS Preserving the Trust site map contact us government services Copyright@1999-2002 USPS. All Rights Reserved. Terms of Use Privacy Policy http://trkcnfrml.smi.usps.comlnetdata-cgi/db2www/cbd 243.d2w/0lItnnt ')/11 f"l{\f'IA (') fo; ..,: ;:F ~'. (.'; . ~:: t )-:~ ,---, j;~;:; .,._- -" -<: r-..> (:.;.::::0 c:.? JO" ...,., C01 co r,., +" o -rJ .--1 -_T..." f"11r -c' f-~l -t"_C) (j,(~ ~~~~ ;..1 ,". , ;:~ ., -cJ -.. 1'.' .(:"" -.J F'IFlLESIDAT AFlLEIGenerallCurrentll \371.13 praecipe\ Created: 9/20104 0 06PM Revised' 11110/04 9 19AM Jennifer L. Spears, Esquire MARTSON DEARDORFF WILLIAMS & OTTO I.D. 87445 10 East High Street Carlisle, P A 17013 (717) 243-3341 Attorneys for Plaintiff ANDREW M. BAILEY, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 04-241 CIVIL ACTION - LA W CATHY R. BAILEY, Defendant IN DIVORCE PRAECIPE TO THE PROTHONOTARY: Please withdraw 1 the appearance of Metzger Wickersham Knauss & Erb on behalf of Plaintiff in the above matter. METZGER WICKERSHAM KNAUSS & ERE By: ~S<,~. Andrew C. Spears, Esquire LD. No. 87737 3211 North Front Street P.O. Box 5300 Harrisburg, P A 1711 0 (717) 238-8187 Enter the appearance of MARTSON DEARDORFF WILLIAMS & OTTO on behalf of Plaintiff in the above matter. MARTSON DEARDORFF WILLIAMS & OTTO Date: November ill, 2004 By ryml AI) Jelmi~ It:e:~, Esquire J.D. No. 87445 Ten East High Street Carlisle, P A 17013 (717) 243-3341 Attorneys for Plaintiff CERTIFICATE OF SERVICE I, Tricia D. Eckenroad, an authorized agent for Martson Deardorff Williams & Otto, hereby certify that a copy of the foregoing Praecipe was served this date by depositing same in the Post Office at Carlisle, P A, first class mail, postage prepaid, addressed as follows: Brian C. Bornman, Esquire GRIFFIE & ASSOCIATES 200 North Hanover Street Carlisle, PA 17013 MARTSON DEARDORFF WILLIAMS & OTTO ~dL4_ P f}~V!4()7J (J Trici~ D. Eckenroad ~ ,- 7/ Ten East High Street Carlisle, PA 17013 (717) 243-3341 Dated: November JI--, 2004 C) ~~; (-'.> .::;- ""',;' - f'\.) :'t':;J/ :1:: 'f:> '. "'...:, c-") :12 C,' -1'/ :I~I rj:;:::~ }tT c' (',-; SAlOIS SHUFF, FLOWER & LINDSAY AlTORNEYS'AT'LAW 26 W. High Street Carlisle. PA I I' ANDREW M. BAILEY, : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 04-241 Plaintiff v. CATHY R. BAILEY, : CIVIL ACTION - LAW : IN DIVORCE Defendant PLAINTIFF'S AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under & 3301 (c) of the Divorce Code was filed January 20, 2004. 2. The marriage of plaintiff and defendant is irretrievably broken and ninety days have elapsed from the date of filing and service of the Complaint. 3. I consent to the entry of a final Decree In Divorce after service of notice of intention to request entry of the Decree. I verify that the statements made in this Affidavit are true and correct to the best of my knowledge, information and belief. 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---tj- 06 ~ PLAINTIFF'S WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER!! 3301 (cl 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 to the best of my knowledge, information and belief. 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-'7-:5 - O{ ~ o ~ '\~lY: .t"- C;} .-' c> c::;::J C';:(" <- -e; ;p- ::::, r~~l_ , .;,., ~y' <, '::t'l .-\ 11 :!: 'c:: ~~--,-,~, <:!'~;' -"" 5,,: ,,('\ ,- ~. .~) ./-;~ .f!::',fl-\ '~:::~\ T' 0-,,--1 .~ '-P. r>' GO SAIDIS SHUFF, FLOWER & LINDSAY AlTORNEYS-AT-LAW 26 W. High Street Carlisle, P A ANDREW M. BAILEY. : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 04-241 Plaintiff v. CATHY R. BAILEY, : CIVIL ACTION - LAW : IN DIVORCE Defendant DEFENDANT'S AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under ~ 3301(c) of the Divorce Code was filed January 20, 2004. 2. The marriage of plaintiff and defendant is irretrievably broken and ninety days have elapsed from the date of filing and service of the Complaint. 3. I consent to the entry of a final Decree in Divorce after service of notice of intention to request entry of the Decree. I verify that the statements made in this Affidavit are true and correct to the best of my knowledge, information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. 4904 relating to unsworn falsification to authorities. r~~L R&0',12.. Cathy R~y '0 DEFENDANT'S WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDERlI 3301 Ic) OF THE DIVORCE CODE Date: ()':"-o~ 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. , 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 to the best of my knowledge, information and belief. 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: (- d 3UG, ~~ C::":'l =, C,;r.. o "T1 :::1 14;:1] r- -r)Tn ,-,:',)y .':~~ ~i:; ..>C) ~~5 l;-~ -.../ ,- .,,:0. :_:~ "- ;x,. :?::' N -.J -,-,,','-' \D f'-.:> co '. 2r>> 1.(, ;} if / SEPARATION AND PROPERTY SETTLEMENT AGREEMENT THIS AGREEMENT, made this 23"tJ day of JttVW1lAf~ , 2006, by and between ANDREW M. BAILEY, of Cumberland County, Pennsylvania, party of the first part, hereinafter referred to as "Husband", AND CATHY R. BAILEY, of Cumberland County, Pennsylvania, party of the second part, hereinafter referred to as "Wife", WITNESSETH: WHEREAS, the parties hereto are husband and wife, having been married on September 10, 1988, in /Wic.t'lfutua0Vt}-, _~VU L-j( V~{;; ; and WHEREAS, diverse unhappy differences, disputes and difficulties have arisen between the parties and it is the intention of Wife and Husband to live separate and apart, and the parties hereto are desirous of settling their respective financial rights and obligations as between each other, and to finally and for all time to settle and determine their respective property and other rights growing out of their marital relations; and wish to enter into this Separation and Property Settlement Agreement; and WHEREAS, both and each of the parties hereto have had the opportunity to be advised of their legal rights and the implications of this Agreement and the legal consequences which may and will ensue from the execution hereof; and WHEREAS, Wife acknowledges that she has had the opportunity to be thoroughly conversant with and know accurately the size, degree, and extent of the estate and income of Husband and Husband acknowledges that he has had the opportunity to be thoroughly conversant --Page 1 of 13-- '. with and know accurately the size, degree, and extent of the estate and income of Wife; NOW, THEREFORE, in consideration of the premises and of the mutual promises, covenants and undertakings hereinafter set forth which are hereby acknowledged by each of the parties hereto, Wife and Husband, each intending to be legally bound hereby, covenants and agree as follows: I. Advice of Counsel: The parties acknowledge that they have received independent legal advice from counsel of their own selection or that they have elected not to seek independent legal advice and that they fully understand the facts and have been fully informed as to their legal rights and obligations and they acknowledge and accept that this Agreement is, in the circumstance, fair and equitable and that it is being entered into freely and voluntarily after having received such advice and with such knowledge that execution of this Agreement is not the result of any duress or undue influence and that it is not the result of any collusion or improper or illegal agreement or agreements and the parties hereto state that he/she, in the procurement and execution of this Agreement, has not been subject to any fraud, concealment, overreaching, imposition, coercion, or other unfair dealing on the part of the other, or on the part of the other's counsel. The provisions of this Agreement and their legal effect have been fully explained to Husband by his counsel, Jennifer L. Spears, Esquire and to Wife by her counsel Marylou Matas, Esquire. 2. Warrantv of Disclosure: The parties warrant and represent that they have made a full disclosure of all assets and their valuation prior to the execution of this Agreement. This disclosure was in the form of an informal exchange of information by the parties but also reflects --Page 2 of 13-- the fact that the parties had personal knowledge before their separation of their various assets and debts all of which form the basis of this Agreement between the parties. 3. Personal Rizhts and Sevaration: Wife and Husband may and shall, at all times hereafter, live separate and part. They shall be free from any control, restraint, interference or authority, direct or indirect, by the other in all respects as if they were unmarried. They may reside at such place or places as they may select. Each may, for his or her separate use or benefit, conduct, carry on and engage in any business, occupation, profession or employment which to him or her may seem advisable. Wife and Husband shall not molest, harass, disturb, nor malign each other or the respective families of each other nor compel or attempt to compel the other to cohabit nor dwell by any means or in any marmer whatsoever with him or her. 4. Al!reement not a Bar to Divorce Proceedinl!s: This Agreement shall not be considered to affect or bar the right of Wife or Husband to a limited or absolute divorce on lawful grounds if such grounds now exist or shall hereafter exist or to such defense as may be available to either party. This Agreement is not intended to condone and shall not be deemed to be a condonation on the part of either party hereto of any act or acts on the party of the other party which may have occasioned the disputes or unhappy differences which have occurred prior to or which may occur subsequent to the date hereof. The parties intend to secure a mutual consent, no-fault divorce pursuant to the terms of S3301(c) ofthe Divorce Code of 1980. 5. Al!reement to be Incorporated in Divorce Decree: The parties agree that the terms of this Agreement shall be incorporated into any divorce decree which may be entered with respect to them. Notwithstanding such incorporation, this Agreement shall not be merged into the decree, but shall survive the same and shall be binding and conclusive on the parties for all --Page 3 of 13-- time. 6. Date of Execution: The "date of execution" or "execution date" of this Agreement shall be defined as the date upon which it is executed by the parties if they have each executed the Agreement on the same date. Otherwise, the "date of execution" or "execution date" of this Agreement shall be defined as the date of execution by the party last executing this Agreement. 7. Personal ProlJertv: Husband and Wife do hereby acknowledge that they have previously divided their tangible personal property including, but without limitation, jewelry, clothes, furniture, furnishings, rugs, carpets, household equipment and appliances, pictures, books, works of art and other personal property. Wife agrees that all of the property in the possession of Husband shall be the sole and separate property of Husband and Husband agrees that all of the property in the possession of Wife shall be the sole and separate property of Wife. The parties do hereby specifically waive, release, renounce and forever abandon whatever claims, if any, he or she may have with respect to the above items which shall become the sole and separate property of the other, with full power to him or her to dispose of the same as fully and effectually, as though he or she were unmarried. 8. Marital Debt: Each party hereby confirms that they have not incurred any additional debt since their separation that has, in any way, obligated the other party. Neither party will take any action to incur additional debt of any nature whatsoever in the other party's name from the date of execution of this Agreement forward. 9. Bank Accounts: For the mutual promises and covenants contained in this Agreement, Husband and Wife hereby waive all right, title, claim or interest they may have by --Page 4 of 13-- equitable distribution in their respective bank accounts, checking or savings, if any, and each party waives against the other any duty of accounting for disposition of any jointly held funds. 10. After-AcQuired Personal Pro/Jertv: Each of the parties shall hereafter own and enjoy, independently of any claim or right of the other, all items of personal 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. II. Motor Vehicles: With respect to the motor vehicles owned by one or both parties, the parties agree as follows: a.) Husband shall retain sole and exclusive possession of the parties' 1990 Subaru Legacy. Wife shall make no claim to Husband's access or ownership of said vehicle. It is believed that this vehicle is titled in Husband's name individually. b.) Wife shall retain sole and exclusive possession of the parties' 1994 Plymouth Voyager. Husband shall make no claim to Wife's access or ownership of said vehicle. It is believed that this vehicle is titled in Wife's name individually. 12. Health Insurance: The parties each maintain their own health insurance coverage for themselves at his or her own cost and shall continue to do so. Each party shall maintain responsibility for payment of any unreimbursed medical costs that may be incurred by them from the date of separation forward. 13. Pension Interests: Husband hereby waives, relinquishes and transfers any and all right, title and interest he has or may have in Wife's pension, retirement account, or deferred compensation account, as well as other accounts that Wife may have in her individual name or may have secured through her present or prior employment. Wife hereby waives, relinquishes and transfers any and all right, title and interest he has --Page 5 of 13-- or may have in Husband's pension, retirement account, or deferred compensation account, as well as other accounts that Husband may have in his individual name or may have secured through his present or prior employment. 14. Warranty as to Post Separation and Future Oblirrations: Husband and Wife each covenant, warrant, represent and agree that each will now and at all times hereafter hold harmless and keep the other party indemnified from all debts, charges and liabilities incurred by the Husband or Wife, respectively. 15. Spousal Support. Alimonv. Alimonv Pendente Lite. and Spousal Maintenance: a.) Husband hereby waives any right or claim of any nature whatsoever relative to alimony, alimony pendente lite, spousal support, spousal maintenance, counsel fees and expenses against Wife. b.) Wife hereby waives any right or claim of any nature whatsoever relative to alimony, alimony pendente lite, spousal support, spousal maintenance, counsel fees and expenses against Husband. 16. Cemetery Plots: The parties are the owners of certain burial rights at Westminster Cemetery, located at 1159 Newville Road, Carlisle, Cumberland County, Pennsylvania. From the date of execution of this Agreement forward, Wife shall retain ownership and possession of all burial rights listed in the parties' names jointly. Husband shall execute any documents necessary to transfer ownership to Wife's name individually within fifteen days of execution of / 17. Custody Evaluation: The parties and their children participated III a custody this Agreement or upon request of Wife or Wife's counsel. evaluation. Wife paid for this cost up front. Husband shall reimburse Wife the total cost of . . -hV\'1e l-!v<;wv>d reG!I\[ru; W~ ~ wfurd fur~ 2CJJS --\o-I? {!LV. $1,500.00 to be paId at the l'ale sf $ jJ~' mvutlllo b~5;U ~ @~ ~~Page 6 of 13-- if} CQ9tiu1le llntl1 p::tici ~ 18. Tax Devendencv: For the tax year 2005, Husband shall claim the parties' minor son, Samuel, as an exemption for tax purposes. Wife shall claim the other three minor children as exemptions for tax purposes for the year 2005. 19. Mutual Releases: Husband and Wife each do hereby mutually remise, release, quitclaim, and forever discharge the other and the estate of such other, for all times to come and for all purposes whatsoever, of and from any and all right, title and interest, or claims in or against the property (including income and gain from property hereafter accruing) of the other or against the estate of such other, of whatever nature and wheresoever situate, which he or she now has or at any time hereafter may have against such other, the estate of such other, or any part thereof, whether arising out of any former acts, contracts, engagements, or liabilities of such other as by way of dower or curtesy, or claims in the nature of dower or 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 by the other as testamentary, or all other rights of a surviving spouse to participate in a deceased spouse's estate, whether arising under the laws of (a) Pennsylvania, (b) any state, commonwealth or territory of the United States, or (c) any other country, or any rights which either party may have or at any time hereafter have for past, present, or future support or maintenance, alimony, alimony pendente lite, counsel fees, costs or expenses, whether arising as a result of the marital relation or otherwise, except and only except, all rights and agreements and obligations of whatsoever nature arising or which may arise under this Agreement or for the breach of any thereof. It is the intention of Husband and Wife to give to each other by execution of this Agreement a full, --Page 7 of 13-- complete, and general release with respect to any and all property of any kind or nature, real or personal, or mixed, which the other now owns or may hereafter acquire, except and only except, all rights and agreements and obligations of whatsoever nature arising or which may arise under this Agreement or for the breach of any thereof. 20. Divorce: At the time of execution of this Agreement, Husband has commenced an action for divorce against Wife. It is understood and agreed that any Decree in Divorce which may be issued between the parties shall incorporate this Agreement. Further: a.) This Agreement represents a complete and final agreement as to their respective property rights which arose from the marital relation and therefore mutually waive any and all rights they may have under S3502, et. of the Pennsylvania Code, Act. No 1980-26. b.) This Agreement may be offered in evidence in the action for divorce and may be incorporated by reference in the decree to be granted therein. Notwithstanding such incorporation, this Agreement shall not be merged in the decree, but shall survive the same and shall be binding and conclusive to the rights of all parties. 21. Le~al Fees: In the review and preparation of this Agreement each party shall bear his or her own legal fees. 22. Remedv for Breach: If either party breaches any provision of this Agreement, the other party shall have the right, at his or her election, either to sue for damages for such breach, in which event the breaching party shall be responsible for payment of legal fees and costs incurred by the other in enforcing their rights hereunder, whether through formal court action or negotiations, or to seek such other remedies or relief as may be available to him or her. --Page 8 of 13-- 23. EQuitable Distribution: It is specifically understood and agreed that this Agreement constitutes an equitable distribution of property, both real and personal, which was legally and beneficially acquired by Husband and Wife or either of them during the marriage as contemplated by The Act of April 2,1980 (P.L. No. 63, No. 26) known as "The Divorce Code," 23 P.S. 101 et seq. ofthe Commonwealth of Pennsylvania, and as amended. 24. Summary of Effect of Ai!reement: It is specifically understood and agreed by and between the parties hereto, and each party accepts the provisions herein made in lieu of and in full settlement and satisfaction of any and all of the said parties' rights against the other for any past, present and future clams on account of support, maintenance, alimony, alimony pendente lite, counsel fees, costs and expenses, equitable distribution of marital property and any other claims of each party, including all claims raised by them in the divorce action pending between the parties. 25. Tax ConseQuences: By this Agreement, the parties have intended to effectuate and by this Agreement have equitably divided their marital property. The parties have determined that such equitable division conforms to a right and just standard with regard to the rights of each party. The division of existing marital property is not, except as may be otherwise expressly provided herein, intended by the parties to institute or 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 party of the marital estate. 26. Mutual Cooveration/Dutv to Effectuate Ai!reement: Each party shall at any time and from time to time hereafter, take any and all steps and execute, acknowledge and deliver to the other party any and all further instruments and/or documents that the other party may --Page 9 of 13-- reasonably require for the purpose of giving full force and effect to the provisions of this Agreement. 27. Reconciliation: The parties shall only effectuate a legal reconciliation which supersedes this Agreement by their signed agreement containing a specific statement that they have reconciled and that this Agreement shall be null and void; otherwise, this Agreement shall remain in full force and effect. Further, the parties may attempt a reconciliation, which action, if not consummated by the aforesaid agreement, shall not affect in any way the legal affect of this agreement or cause any new marital rights or obligations to accrue. 28. Severabilitv: 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 her or his obligations under anyone or more of the paragraphs herein, with exception of the satisfaction of the conditions precedent, shall in no way void or alter the remaining obligations of the parties. 29. No Waiver of Default: This Agreement shall remain in full force and effect unless and until terminated under and pursuant to the terms of this Agreement. The failure of either party to insist upon strict performance of any of the provisions of this Agreement shall in no way affect the right of such party hereafter to enforce the same, nor shall the waiver of any breach of any provision hereof be construed as a waiver of any subsequent default of the same or similar nature, nor shall it be construed as a waiver of strict performance of any other obligations herein. 30. Intef!ration: This Agreement constitutes the entire understanding of the parties --Page 10 of 13-- and supersedes any and all prior agreements and negotiations between them. There are no representations or warranties other than those expressly set forth herein. This Agreement shall survive integration by any court into any judgment for divorce and shall continue to have independent legal significance as a written contract separate from such judgment for divorce and may be enforced as an independent contract. 31. 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. 32. Notices: Any and all notices given hereunder shall be in writing and shall be sent registered mail, return receipt requested: a.) To Husband in care of Jennifer L. Spears, Martson, Deardorff, Williams & Otto, 10 East High Street, Carlisle, Pennsylvania 17013. b.) To Wife in care of Marylou Matas, Esquire, Saidis, Flower & Lindsay, 26 West High Street, Carlisle, Pennsylvania 17013. 33. Waiver or Modification to be in Writinl!: No modification or waiver of any of the terms hereof shall be valid unless in writing and signed by both parties and no waiver of any breach hereof or default hereunder shall be deemed a waiver of any subsequent default of the same or similar nature. 34. Cavtions: The captions of this Agreement are inserted only as a matter of convenience and for reference and in no way define, limit or describe the scope and intent of this Agreement, nor in any way effect this Agreement. 35. Al!reement Bindinl! on Heirs: This Agreement shall be binding and shall inure to --Page 11 of 13-- the benefit of the parties hereto and their respective heirs, executor, administrators, successors and assigns. 36. Governinl! Law: This Agreements shall be construed in accordance with the laws of the Commonwealth of Pennsylvania. IN WITNESS WHEREOF, the parties have set forth their hands and seals to two counterparts of this Agreement, each of which shall constitute an original, the day and year first above written. w~ I ~'?-B.ob Date '>c ~~ - /') \--,~ 'c~~",)\;t(i)"U I :J3 .~cb Date c~~ R-c&Jt; Cathy R. i ey --Page 12 of 13-- COMMONWEALTH OF PENNSYLVANIA COUNTY OF Cu~&I,J2.~ .{C( Un On this~~ day of (r~'II-U.D-~ ' 2006, before me, the undersigned officer, personally appeared Andrew M. Bailey, known to me (or satisfactory proven) to be the person whose name is subscribed to the within Agreement and acknowledged that he executed the same for the purpose therein contained. IN WITNESS WHEREOF, I hereunto set my hand and official seal. l-Fq~M 1~j<d Notary Public NOTARIAL SEAL MERLENE J. MARHEVKA, NOTARY PUBLIC CARLISLE. CUMBERLAND COUNTY PA MY COMMISSION EXPIRES JUNE 8, 2006 COMMONWEAL TH OF PENNSYL VANIA COUNTY OF Ctum.kJ.LUa. i.. d On this 02S..{ ~ay of ~ ru taj , 2006, before me, the undersigned officer, personally appeared Cathy R. Bailey, known to me (or satisfactory proven) to be the person whose name is subscribed to the within Agreement and acknowledged that she executed the same for the purpose therein contained. IN WITNESS WHEREOF, I hereunto set my hand and official seal. L~ .<..( Not Pubhc fflTmJk2,.~",- ',- , , i 1 ..Page 13 NOTARIAL :SEAL MERlENE J. flMRHEVKJl., NOTARY PUBLIC CARLISLE. CUMBERLAND COUNTY. PA MY COMMIS~tON EXP1F~ES JUNE 6. 2006 n ~~"~ -c_1 " 1-;'1;' I"." :-4 -"~ ~':; ;"J U'''' ,.-) ~, -t P:'2 ;.'_1 1.._..iI (.,.~ ",,-- N \~} '" V-) I-,j' I LCS\DATAFI LE\G~"'>lal\CulT~nt\ I ] 37] ] 4 praccipd (,.c,;ueu '1::'.Hl.. OU('I'1\1 K~\"is~J 1~"OO ILd'OA.\1 Jennifer L. Spears, Esquire MARTS ON DEARDORFF WILLIAMS & OTTO I.D. 87445 10 East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Plaintiff ANDREW M. BAILEY, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 04-241 CIVIL ACTION - LAW CATHY R. BAILEY, Defendant IN DIVORCE PRAECIPE TO TRANSMIT RECORD To the Prothonotary: Transmit the record, together with the following information, to the court for entry of a divorce decree: I. Ground for divorce: irretrievable breakdown under Section 330 I (c) ofthe Divorce Code. 2. Date and manner of service of the complaint: Via Certified Mail, Restricted Delivery on February 4,2004, as evidenced by filed Affidavit of Service. 3. Date of execution of the Plaintiffs affidavit of consent required by Section 3301 (c) of the Divorce Code; January 23,2006; by the Defendant; January 23,2006. 4. Related claims pending: All claims have been resolved. 5. Date Plaintiffs Waiver of Notice in S3301(c) Divorce was filed with the Prothonotary concurrent with this Praecipe. Date Defendant's Waiver of Notice in S3301(c) Divorce was filed with the Prothonotary concurrent with this Praecipe. MARTSON DEARDORFF WILLIAMS & OTTO Date: January 26,2006 By Je fe L. Spears, Esquire I.D. No. 87445 Ten East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Plaintiff '2 :s: -r~t;: C:l~: '/r> ,,_J,; r::::. ~:'f' -;":~ r-' r? ,-~ (;:i" '- ,... % 1') ...J -<~"' ~.-. -,.,~ ~-) '>n .-' ~r-n_ n11~:. -S1?".o, -,-,} 1- >_~\f:). ,'_ -~ 1, .. ~~, .\;../ ) .-..,,\ ')~:'. ~ ,:,? . , ~. o ~~~~~~~~~~~~++~~~~~~+~~~~~+~+~+~+++++++++++++++++~+++++~++ + + + + + + + + + . + + + + + + + + + + + + + + + + + + . + + ~~+~++ + + + + + . + + + + + + + + . + + +~..+++ ++~:f.+ IN THE COURT OF COMMON OF CUMBERLAND COUNTY STATE OF PENNA. + + + + + + + + + + + + + + + + + + . + + + + + + + + + + + + + + + + + + ANDREW M. BAILEY NO. 04-241 VERSUS CATHY R. BAILEY DECREE IN DIVORCE ~A^' :)\ PLEAS , J.t:/:J~, IT IS ORDERED AND AND NOW, ,. '" . ~\ ANDREW M. BAILEY DECREED THAT + + + + + + + + + + + + + + + + + + AND CATHY R. BAnF.Y ARE DIVORCED FROM THE BONDS OF MATRIMONY. _, PLAINTIFF, , DEFENDANT, THE COURT RETAINS JURISDICTION OF THE FOLLOWING CLAIMS WHICH HAVE YET BEEN ENTERED; BEEN RAISED OF RECORD IN THIS ACTION FOR WHICH A FINAL ORDER HAS NOT By THE COURT: \ '-l ~~_ ~_ ~.. 7 + + + + + + + + + + + + + + + + + + A Marital Settlement Agreement dated ,January 21, 2006. hut not merged in this Decree. ++~+++++++++++++++++++++~+++++ + + + + + + + + + + +", + 'f '+' i~ in("nrpnrRtpd hut PROTHONOTARY -+'+ct'++++++ + + l' ct' + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + . + + + + + + + + + + + + + + + + + + + + + + + + ++++ v-'lJ'1'J;l,?,; 1:71' :? ,'''IT' ,,,,,,;t r~;7/1-, ':}fl' r ...;cr I f {.-;1'UM'"b-: {.... / _.'-::>.' ZI v fZ- /fr 2'1" ~ 7/1,7 .'J'./ :,. (<> ~, .. .' '\> ;f r'~-