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HomeMy WebLinkAbout01-6388 GEORGE BRIAN TEMPLETON, PLAINTIFF : IN THE COURT OF COMMON PLEAS : OF CUMBERLAND COUNTY, : PENNSYL VANIA VS. . :NO.ol-r..3"ij CIVIL CAROLYN DAWN TEMPLETON, DEFENDANT : CIVIL ACTION - LAW : ACTION FOR DIVORCE COMPLAINT FOR NO-FAULT DIVORCE UNDER SECTION 3301W OF THE DIVORCE CODE AND NOW, comes the Plaintiff, GEORGE BRIAN TEMPLETON, by and through his counsel, Susan Kay Candiello, Esquire, of the Law Firm of Susan Kay Candiello, P.C., and makes the following consolidated complaint in divorce for divorce. 1. Plaintiff is GEORGE BRIAN TEMPLETON, an adult individual, who currently resides at 8 Carol Lane, Enola, Cwnberland County, Pennsylvania, 17025, and has resided in Cwnberland County for over five (5) years. 2. Defendant is CAROLYN DAWN TEMPLETON, an adult individual, who currently resides at 1414 North Second Street, Apartment 2, Harrisburg, Dauphin County, Pennsylvania, 17102. 3. Plaintiff and Defendant have been bona fide residents in the Commonwealth for at least six (6) months immediately previous to the filing of this Complaint. 4. The Plaintiff and Defendant were lawfully married on February 6,1999. 5. There have been no prior actions of divorce or for annulment between the parties except this Complaint filed for divorce. 6. The marriage is irretrievably broken. 7. Plaintiff has been advised of the availability of counseling and of the right to request that the court require the parties to participate in counseling. Plaintiff has chosen not to engage in, or to request any counseling. 8. Plaintiff was a member of the United States Military Services, specifically the Army, for four (4) years prior to the parties' marriage; however, Plaintiff does not have any military benefits which are issues in this divorce. Defendant has never been a member of the United States Military Services. 9. Plaintiff and Defendant have no children from their marriage. COUNT I - REOUEST FOR NO-FAULT DIVORCE UNDER SECTION 3301(c) OF THE DIVORCE CODE 10. Paragraphs 1 through 9 of this Complaint are incorporated herein by reference thereto. 11. After ninety (90) days have elapsed from the date of filing this Complaint, Plaintiff intends to file an Affidavit consenting to the divorce. Plaintiff believes 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 date offiling of this Complaint, Plaintiff, GEORGE BRIAN TEMPLETON, respectfully requests the court to enter a Decree of Divorce pursuant to Section 330I(c) of the Divorce Code. COUNT n - REOUEST FOR EOUITABLE DISTRIBUTION OF MARITAL PROPERTY UNDER SECTION 351,}2(8) OF THE DIVORCE CODE 12. Paragraphs 1 through 11 of this Complaint are incorporated herein by reference thereto. 13. The Plaintiff requests the Court to equitably divide, distribute or assign the marital property between the parties without regard to marital misconduct in such proportion as the Court deems just after consideration of all relevant factors. WHEREFORE, Plaintiff, GEORGE BRIAN TEMPLETON, respectfully requests the Court to enter an order of equitable distribution of marital property pursuant to Section 3502(a) of the Divorce Code. Respectfully submitted, LAW FIRM OF SUSAN KAY CANDlELLO, P.c. ~ Dated: November Jt.., 2001 17050 VERIFICATION The undersigned hereby verifies that the facts averred in the foregoing document are true and correct to the best of his knowledge, infonnation, and belief. This verification is made subject to the penalties of 18 Pac C.S.A. ~4904 relating to unsworn falsification to authorities. DATED: 1\ -(.,-c \ , ~~~ GEORGE BRIAN TEMPLETON GEORGE BRIAN TEMPLETON, PLAINTIFF : IN THE COURT OF COMMON PLEAS : OF CUMBERLAND COUNTY, : PENNSYLVANIA vs. : NO.OI-G 3?Y CIVIL CAROLYN DAWN TEMPLETON, DEFENDANT : CIVIL ACTION - LAW : ACTION FOR DIVORCE NOTICE T9 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. When the ground for the divorce is indignities or irretrievable breakdown of the marriage, you may request marriage counseling. A list of marriage counselors is available in the Office of the Prothonotary at the Cumberland County Courthouse, One Courthouse Square, Carlisle, P A 17013-3387. 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 TIIE RIGHT TO CLAIM ANY OF TIIEM. YOU SHOULD TAKE TmS 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 1-800-990-9108 J ~ >- ........ C1:' r-. fi ..... is c:: f':) ~ ~ " ~ ~ ,-,uC? " ~ 'vi <:> - {~~~ \;j 0- (J ~;- iF: "- ~ :?: -.. a: ...... () .'~;?~ . ..... c, ~ , a, S ~ Ii I Srg f ,"..,~;., u_ '- .:::-.,." 'c:.:::; I" C::_, L~)rb ~ '~n_ a ::s ~ 0 @ Q 0 :g ...; c: ~.~ , . i of I I 00 Ii ~I~ :i ~ ~ ~ i ~ , , ~oo I I o~ ::; ~~~ w ~ CI u . _ 0 . ~ ~ ::j . c ~ o '" 5 nS '" 6 ~ oil; ~ -' ~ ~ II~ ~ ~ U . ~ oj ~ H ~ ~ ... ~ z I;; i 0( O'i ~ :5 N en ~ GEORGE BRIAN TEMPLETON, PLAINTIFF : IN THE COURT OF COMMON PLEAS : OF CUMBERLAND COUNTY, : PENNSYL VANIA vs. : NO.OI-6388 CIVIL CAROLYN DAWN TEMPLETON, DEFENDANT : CIVIL ACTION - LAW : ACTION FOR DIVORCE COMMONWEALTH OF PENNSYLVANIA SS: COUNTY OF CUMBERLAND Be it known, that on the ~ day of }J ~ ,2001, before me, the subscriber, a Notary Public, personally appeared SUSAN KAY CANDIELLO, who, being duly sworn according to law, did depose and state as follows: 1. I am an attorney licensed to practice law in the Commonwealth of Pennsylvania. 2. I represent George Brian Templeton, Plaintiff in the above-captioned matter. 3. On November 12, 2001, a true and correct copy of the Complaint for No-Fault Divorce Under Section 3301(c) of the Divorce Code was deposited for delivery with the U.S. Postal Service in Mechanicsburg, Pennsylvania, being Certified/First Oass Mail, restricted delivery, return receipt requested, Article No. 7001 0320 ??oo 3111 7592, and addressed to the Defendant, Carolyn Dawn Templeton, at 1414 North Second Street, Apt. 2, Harrisburg PA 171 02. 4. The return receipt card signed by the Defendant, Carolyn Templeton, showing a date of service of November 15,2001, is attached hereto as Exhibit "A". 5. Service by certified mail meets the requirements of Pa.R.c.P. 404(2) and Pa.R.C.P. 403. SWORN TO AND SUBSCRIBED before me, a Notary Public, this lq-+~ day of !\)~j\ ,2001. ~R--~ Notary Public My Commission Expires: , . , '. ~, .~\ I .~.... 1 ...rar 21ar tIlIIIIIlaNI..... ~....a.......4b. I .PIInI your --.............. - 0I....1llnn 10 ...... ...11IIum.... 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( ) ~ f.:' >- () CJ 0 C -"1 ~:: % .., -00:: 0 --j~- !:pc. < __ .~t; N .1m zc- "'<1:""' (f) .J~ 0 i; r ~-7 ~c5 -:,Ie) -0 -.-' -r* <~~ -n ~() 3: ~70 5>g '-'-In W S ~ .-..;) ~ -.I GEORGE BRIAN TEMPLETON, Plaintiff : IN THE COURT OF COMMON PLEAS, : CUMBERLAND COUNTY, PENNSYLVANIA V. : No. 01-6388 CAROLYN DAWN TEMPLETON, Defendant : ClVIL ACTION - LAW : IN DIVORCE PRAECIPE TO ENTER APPEARANCE TO THE PROTHONOTARY of CUMBERLAND COUNTY: Kindly enter my appearance as attomey of record for the defendant in the above- captioned matter. Respectfully submitted, Date: March 20, 2002 ~t}~ Christopher J. Keller, Esq. Supreme Court ID# 86889 18 W. Locust Street Mechanicsburg, PA 17055 717-790-5451 0 0 (-:) c: ,'-> Z n ""oeI,' ~ fnrr :>.:J ,- 2;1 , Z:C- rv r 1 (/J>: "-' (J :0:;2 r c;..1,,~r' . c:) ?C~, "'. .. \ SC""'. ~;; <'>}~ PC 9 cji'I'; z -" ---I ." );:- -<. co :D -< ~'l~f1J' GEORGE BRIAN TEMPLETON, PLAINTIFF : IN THE COURT OF COMMON PLEAS : OF CUMBERLAND COUNTY, : PENNSYL VANIA vs. : NO. 01-6388 CIVIL TERM CAROLYN DAWN TEMPLETON, DEFENDANT : CIVIL ACTION - LAW : ACTION FOR DIVORCE AmDA VIT OF CONSENt 1. A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed on November 9, 2001. 2. The marriage between the Plaintiff and Defendant is irretrievably broken and ninety (90) days have elapsed from the date of filing the Complaint. 3. I consent to the entry of a final Decree in Divorce, after the service of notice of intention to request entry of the decree. 4. I understand that if a claim for alimony, alimony pendente lite, equitable distribution of marital property, counsel fees or expenses has not been filed with the Court before the entry of a final Decree in Divorce, the right to claim any of them will be lost. 5. I have been advised of the availability of marriage counseling, and understand that I may request that the Court require that my spouse and I participate in counseling. I further understand that the Court maintains a list of marriage counselors in the Prothonotary's Office, which list is available to me upon request. Being so advised, I do not request that the Court require that my spouse and I participate in counseling prior to a divorce decree being handed down by the Court. I verify that the Statements in this Affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904, relating to unsworn falsification to authorities. ~-0-0L. DATE -- -~-.- ~ s: -00:' mrc 2:5- 2C ~'5." t2C ~C c-O :PC ~ c tV ~~ ,q -0 \ 0-~ .~ ,,-,j -n "'1:) :> B :J1 <!' ...."" .X~ i~~~ ~. ..l -pc ~ GEORGE BRIAN TEMPLETON, PLAINTIFF : IN THE COURT OF COMMON PLEAS : OF CUMBERLAND COUNTY, : PENNSYL VANIA vs. : NO. 01-6388 CIVIL TERM CAROLYN DAWN TEMPLETON, DEFENDANT : CIVIL ACTION - LAW : ACTION FOR DIVORCE WAIVER OF NOTICE OF INTENTION TO REOUE..~T ENTRY OF A DIVORCE DECREE UNDER SECTION 330l(c) OF 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. C.S. Section 4904 relating to unsworn falsification to authorities. ~-~-OL DATE ---~ ~ ---- --,c GEORGE BRIAN TEMPLEfON - ----. () C <:" -ocf rnr-r: z:r: zr-- (/>'E -=< .?-- ,<U ?c: Zh ~~ ~ o 1'0 :n f"Cl -0 I W -0 C'; -n ...;;. ~ .....n ...1 L; '\ ':n ,~ C' CJ,J.. .. ,<.::> ~',~; ~l '~o 6rt1 ?1 ~ GEORGE BRIAN TEMPLETON, PLAINTIFF : IN THE COURT OF COMMON PLEAS : OF CUMBERLAND COUNTY, : PENNSYLVANIA vs. : NO. 01-6388 CIVIL TERM CAROLYN DAWN TEMPLETON, DEFENDANT : CIVIL ACTION - LAW : ACTION FOR DIVORCE 1. A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed on November 9,2001. 2. The marriage between the Plaintiff and Defendant is irretrievably broken and ninety (90) days have elapsed from the date of filing the Complaint. 3. I consent to the entry of a final Decree in Divorce, after the service of notice of intention to request entry of the decree. 4. I understand that if a claim for alimony, alimony pendente lite, equitable distribution of marital property, counsel fees or expenses has not been filed with the Court before the entry of a final Decree in Divorce, the right to claim any of them will be lost. 5. I have been advised of the availability of marriage counseling, and understand that I may request that the Court require that my spouse and I participate in counseling. I further understand that the Court maintains a list of marriage counselors in the Prothonotary's Office, which list is available to me upon request. Being so advised, I do not request that the Court require that my spouse and I participate in counseling prior to a divorce decree being handed down by the Court. I verify that the Statements in this Affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904, relating to unsworn falsification to authorities. tfB--/1-fP2 DATE ~~rJ'U~ } CAROLY DA WN TE~L N <:) 0 0 c: fv "r"j $:: :/) -, "lX' :"1 - 9;?rn ." ; r.:-:;;;; ::r: rii ~S; ".~ 0_; y ~e, C; V -r, (:c") -,! ~(J ::Jt; ';,/ t--' ::;t>O N Orn ~ .. --I ,:J1 :!O :::;;! ...1 -< GEORGE BRIAN TEMPLETON, PLAINTIFF : IN THE COURT OF COMMON PLEAS : OF CUMBERLAND COUNTY, : PENNSYLVANIA vs. : NO. 01-6388 CIVIL TERM CAROLYN DAWN TEMPLETON, DEFENDANT : CIVIL ACTION - LAW : ACTION FOR DIVORCE WAIVER OF NOTICE OF INTENTION TO REOUE.."T ENTRY OF A DIVORCE DECREE UNDER SECTION 3301(c) OF 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. C.S. Section 4904 relating to unsworn falsification to authorities. ~~11-f(J2 DATE tUJD~~ili,a~ CAROLY AWNTE Ef N g s: -00:..'; rnr-ro Z::L' :ZC:: rn ". V~.:"- -,,, .'" r::E --- ::P-o bt"} >'C: ~ c:> N tI'> ;-rl --0 1 (..) o -n -0 :l-' -)'\ 1"':'-;:- -..roi iC) .:1~ 25..1 -~"'\ ""r'>- :0 -< N :.n ...J 0/- Iw.JPP GQ~L~~ ~TALPROPERTYSETTLEMENTAGREEMENT THIS AGREEMENT is entered into this ~ day of ~(NL.O , 2002, by and between GEORGE BRIAN TEMPLETON and CAROLYN DAWN TEMPLETON. RECITALS Wife's Birthday and Social Security Number: May 10, 1960 161-56-6589 Husband's Birthday and Social Security Number: May 25, 1957 163-48-2419 Date of Marriage: February 6,1999 Place of Marriage: Pennsylvania Last Marital Residence: 8 Carol Lane, Enola, Cumberland County, Pennsylvania, 17025 Date of Separation: September 15,2001 Children: None Pending Court Proceedings: None Divorce Court of Common Pleas No. 01-6388 of Cumberland County, Pennsylvania 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 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: the ownership and equitable distribution of marital property; the past, present and future support, and/or maintenance of Wife by Husband; and, in general, any and all claims and possible claims by one against the other or against their respective estates. NOW, THEREFORE, in consideration of the premises and of the mutual promises, covenants and undertakings hereinafter set forth and for other good and valuable consideration, receipt of which is hereby acknowledged by each of the parties hereto, Wife and Husband, each intending to be legally bound hereby, covenant and agree as follows: PERSONAL RIGHTS Wife and Husband may and shall, at all times hereafter, live separate and apart. They shall be free from any contact, restraint, interference or authority, direct or indirect, by the other in all respects as fully as if they were 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. Wife and Husband shall not molest, harass, disturb or malign each other or the respective families of each other nor compel or attempt to compel the other to cohabit or dwell by any means whatsoever with him or her. WAIVER OF RIGHTS AND MUTUAL RELEASES Except as otherwise expressly provided by this Agreement: (a) Each party hereby absolutely and unconditionally releases and forever discharges the other and the estate of the other for all purposes from any and all rights and obligations which either may have or at any time hereafter have for past, present or future support or maintenance, alimony pendente lite, alimony, equitable distribution, counsel fees, costs, expenses and any other right or obligation, economic or otherwise, whether arising out of the marital relationship or otherwise, including all rights and benefits under the Pennsylvania Divorce Code of 1980, its supplements and amendments, as well as under any other law of any other jurisdiction, except and only except all rights, agreements and obligations of whatsoever nature arising or which may arise under this Agreement or for the breach of any provision thereof. Neither party shall have any obligation to the other not expressly set forth herein. (b) Each party hereby absolutely and unconditionally releases and forever discharges the other and his or her heirs, executors, administrators, assigns, property and estate from any and all rights, claims, demands or obligations arising out of or by virtue of the marital relationship of the parties or otherwise, whether now existing or hereafter arising. The above release shall be effective regardless of whether such claims arise out of any former or future acts, contracts, engagements or liabilities of the other or by way of dower, curtesy, widow'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 Pennsylvania, any state, commonwealth or territory of the United States, or any other country. It is expressly understood, however, that neither the provisions of this release nor the subsequent entry of a divorce decree are intended to defeat the right of either party to receive any insurance proceeds at the death of the other of which she or he is the named beneficiary (whether the beneficiary designation was made prior or subsequent to execution hereof), nor to defeat the right of either party to receive any legacy, bequest or residuary portion of the other's estate under his or her will, or to act as personal representative or executor if so named by the will of the other, whether such will was executed prior or subsequent to this Agreement. 2 (c) Except for any cause of action for divorce which either party may have or claim to have, and except for the obligations of the parties contained in this Agreement and such rights as are expressly reserved herein, each party gives to the other by the execution of this Agreement an absolute and unconditional release and discharge from all causes of action, claims, rights or demands whatsoever, in law or in equity, which either party ever had or now has against the other. FINANCIAL DISCLOSURE The parties have disclosed to each other and they are each aware of the extent of each other's income, assets, liabilities, holdings and estate. AGREEMENT TO BE INCORPORATED BUT NOT MERGED INTO DIVORCE DECREE In the event that either of the parties shall recover a ftnal judgment or decree of absolute divorce against the other in a court of competent jurisdiction, the provisions of this Agreement may be incorporated by reference or in substance but shall not be deemed merged into such judgment or decree. This agreement shall survive any such final judgment or decree of absolute divorce, shall be entirely independent thereof, and the parties intend that all obligations contained herein shall retain their contractual nature in any enforcement proceedings, whether enforcement is sought in an action on the contract itself or in any enforcement action ftled to the divorce caption. EFFECI' OF DIVORCE DECREE ON AGREEMENT Either party may enforce this Agreement as provided in Section 3105(a) of the Divorce Code, as amended. As provided in Section 3105( c), provisions of this Agreement regarding equitable distribution, alimony, alimony pendente lite, counsel fees or expenses shall not be subject to modification by the court. The parties have agreed this Agreement shall constitute the entire and complete understanding with regard to their property settlement in the event of their divorce. The parties further agreed their execution of this Agreement shall not determine whether or not they move forward to fmalize their divorce and the execution of this Agreement shall not create any presumption of the parties intent to move forward to obtain a divorce. The parties' intent in executing this Agreement is, in the future, should the parties make a decision to finalize their divorce, this Marital Property Settlement Agreement shall be binding upon them at that time. When the parties execute the Affidavit of Consent and the Waiver of Notice to finalize their divorce, Husband shall be responsible for ftling these documents and finalizing the divorce. 3 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 defmed as the date of execution by the party last executing this Agreement. ADVICE OF COUNSEL The provisions of this Agreement and their legal effect have been fully explained to the parties by their respective counsel, Susan Kay Candiello, Esquire, for Husband and Christopher J. Keller, Esquire, for Wife. The parties acknowledge that each has received independent legal advice from counsel of their selection and that they have been fully informed as to their legal rights and obligations, including all rights available to them under the Pennsylvania Divorce Code of 1980, as amended, and other applicable laws. Each party confirms that he or she fully understands the terms, conditions and provisions of this Agreement and believes them to be fair, just, adequate and reasonable under the existing circumstances. VOLUNTARY EXECUTION Each party understands the terms and conditions of this Agreement and acknowledges that the Agreement is fair and equitable. The parties have reached this Agreement freely and voluntarily, without any duress, undue influence, collusion or improper or illegal agreements. WAIVER OR MODIFICATION TO BE IN WRITING No modifIcation or waiver of any of the terms hereof shall be valid unless in writing and signed by both parties and no waiver or any breach hereof or default hereunder shall be deemed a waiver of any subsequent default of the same or similar nature. LAW OF PENNSYLVANIA APPLICABLE This Agreement shall be construed in accordance with the laws of the Commonwealth of Pennsylvania. AGREEMENT BINDING ON HEIRS Except as may otherwise be provided, this Agreement shall be binding and shall inure to the benefIt of the parties hereto and their respective heirs, executors, administrators, successors and assigns. 4 INTEGRATION This Agreement constitutes the entire understanding of the parties and supersedes any and all prior agreements and negotiations between them. There are no representations or warranties other than those expressly set forth herein. ADDmONAL INSTRUMENTS Wife and Husband covenant and agree that they will forthwith (and within at most twenty (20) days after demand therefor) execute any and all written instruments, assignments, releases, satisfactions, deeds, notes or such other writings as may be necessary or desirable for the proper effectuation of this Agreement. 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 the waiver of any breach of any provision hereof be construed as a waiver of strict performance of any other obligations herein. SEVERABILITY AND INDEPENDENT AND SEPARATE COVENANTS The parties agree that each separate obligation contained in this Agreement shall be deemed to be a separate and independent covenant and agreement. 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 any one or more of the paragraphs herein, with the exception of the satisfaction of any conditions precedent, shall in no way avoid or alter the remaining obligations of the parties. MANNER OF GIVING NOTICE Any notice required by this Agreement to be sent to Wife shall be sent by certified mail, return receipt requested, to, Christopher J. Keller, Esquire, at the Law Office of Christopher J. Keller, 18 West Locust Street, Mechanicsburg, PA 17055, or such other address as Wife from time to time may designate in writing. Any notice required by this Agreement to be sent to Husband shall be sent by certified mail, return receipt requested, to Susan Kay Candiello, Esquire, at the Law Firm of Susan Kay 5 Candiello, P .c., 5021 East Trindle Road, Suite 100, Mechanicsburg P A 17050, or such other address as Husband from time to time may designate in writing. HEADINGS NOT PART OF AGREEMENT Any headings preceding the text of the several paragraphs and subparagraphs hereof are inserted solely for convenience of reference and shall not constitute a part of this Agreement nor shall they affect its meaning, construction or effect. BANKRUPTCY OR REORGANIZATION PROCEEDINGS In the event that either party becomes a debtor in any bankruptcy or financial reorganization proceedings of any kind while any obligations remain to be performed by that party for the benefit of the other party pursuant to the provisions of this Agreement, the debtor spouse hereby waives, releases and relinquishes any right to claim any exemption (whether granted under state or federal law) to any property remaining in the debtor as a defense to any claim made pursuant hereto by the creditor-spouse, and the debtor-spouse hereby assigns, transfers and conveys to the creditor-spouse an interest in all of the debtor's exempt property sufficient to meet all obligations to the creditor-spouse as set forth herein, including all attorneys' fees and costs incurred in the enforcement of this Paragraph or any other provision of this Agreement. No obligation created by this Agreement shall be discharged or dischargeable, regardless of federal or state law to the contrary, and each party waives any and all right to assert that any obligation hereunder is discharged or dischargeable. EFFECT OF RECONCILIATION OR RECONCILIATION ATTEMPT This Agreement shall remain in full force and effect even if the parties reconcile, cohabit as husband and wife, or attempt reconciliation. This Agreement shall continue in full force and effect and there shall be no modification or waiver of any of the terms hereof unless the parties, in writing, signed by both parties, execute a statement declaring this Agreement or any term of this Agreement to be null and void. EXISTING AND FUTURE PERSONAL OBLIGATIONS Further, Wife and Husband each covenant, warrant, represent and agree that neither has heretofore contracted for any debt, liability or obligation for which the other or the estate of the other may be responsible or liable except as specifically disclosed and provided for by the terms of this Agreement. The parties further covenant, warrant, represent and agree that each will now and at all times hereafter save harmless and indemnifY the other and the estate of the other from all debts, charges and liabilities incurred after the execution date hereof, except as may be otherwise specifically provided herein, as well as from all debts, liabilities or obligations of every kind which have been incurred heretofore by either party, including those for necessities, except for obligations arising out of this Agreement. 6 ENFORCEMENT The parties intend that this Agreement shall be subject to enforcement under the Pennsylvania Divorce Code of 1980, as amended. and that, notwithstanding any language herein that may be construed to the contrary, this Agreement is not subject to modifIcation except under such terms as the parties have specifically provided for in this Agreement. ENFORCEMENT OF SUPPORT AND ALIMONY PROVISIONS The parties hereby agree that all of the support and alimony provisions contained in this Agreement (including both direct and indirect contributions to support and alimony, such as health care payments and the maintenance of health and/or life insurance) may be enforceable by an action in support in accordance with Pennsylvania Rules of Civil Procedure 1910.1 et seq. REMEDIES AND SANCI10NS In addition to such other remedies and sanctions available under applicable law, the parties may utilize any remedy or sanction set forth in the Pennsylvania Divorce Code, as amended, to enforce any term of this Agreement as though it had been an order of the Court. ATTORNEY'S FEES FOR ENFORCEMENT In the event that either party breaches any provision of this Agreement and the other party retains counsel to assist in enforcing the terms thereof, the parties hereby agree that the breaching party will pay all attorney's fees incurred by the other party in enforcing the Agreement, provided that the enforcing party is successful in establishing that a breach has occurred. EOUlTABLE DISTRIBUTION 1. PERSONAL PROPERTY 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; and hereafter 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 any claims, which either may have with respect to the above items, which shall hereafter be the sole and exclusive property of the other. Irrespective of the foregoing provisions, Husband and Wife hereby assign, convey and transfer to each other all of their right, title and interest in and to those items of personal property 7 which are more fully described in Exhibit "A" of this Agreement. The items set forth in Exhibit "A" shall constitute the sole and exclusive property of the parties. Husband is keeping the marital residence, while Wife is renting a residence until she has the funds and is able to locate a new residence. Husband agrees to keep the items of property identified as Wife's property listed in Exhibit "A" in good condition until Wife is able to locate a new residence. Wife agrees she will remove such property from the marital residence within three (3) months from the date the parties execute the Affidavit of Consent and the Waiver of Notice to fmalize the parties' divorce. By these presents, each of the parties hereby specifically waives, releases, renounces and forever abandons any claims which he or she may have with respect to those items hereby assigned to the other, which shall hereafter be the sole and exclusive property of the other. 2. MOTOR VEmCLES With respect to the motor vehicles owned by one or both of the parties, they agree as follows: A. The 2000 Ford Expedition is presently titled jointly in Husband and Wife's names. Wife has cooperated in removing her name from the title to this vehicle. The 2000 Ford Expedition shall hereafter be the sole and exclusive property of Husband, free of any liens and encumbrances. B. The 1999 Honda is presently titled jointly in Husband and Wife's names. Husband has cooperated in removing his name from the title to this vehicle. The 1999 Honda shall hereafter be the sole and exclusive property of Wife, free of any liens and encumbrances. C. The 2000 Harley Davidson Custom motorcycle is presently titled solely in Husband's name. The 2000 Harley Davidson shall hereafter be the sole and exclusive property of Husband, free of any liens and encumbrances. D. The 1999 Harley Davidson Sportster Custom motorcycle is presently titled solely in Husband's name. Husband will cooperate in removing his name from the title and the loan. Wife will refinance the motorcycle solely in her name and assume responsibility for the loan. The 1999 Harley Davidson shall hereafter be the sole and exclusive property of Wife, free of any liens and encumbrances. E. The parties agree to execute any documents necessary to effectuate the provisions of this Paragraph on the execution date hereof, including Vehicle Sales and Use Tax Returns as necessary to make any conveyances on a tax-free basis if possible. The said documents shall be delivered to the party entitled to receive same pursuant hereto on execution date. F. In the event that any documents of title to the said vehicles shall be in the hands ofa bank or other holder of a lien or encumbrance upon either of the said vehicles, and it is intended that such vehicle be conveyed subject to the said lien or encumbrance, the parties agree that they will advise the bank and/or lienholder as to the transfer of title and they further agree to execute 8 whatever documents may be required to transfer title where the parties' documents of title are in the hands of such bank and/or lienholder. 3. BANK ACCOUNTS The parties have closed and equally divided any monies in their joint checking and savings accounts. 4. RETIREMENT INTEREST Husband and Wife each have their own individual retirement accounts, in addition to retirement accounts from past and present employers. Husband and Wife have agreed they do not want to consider any of their retirement accounts in this Agreement. Therefore, Husband and Wife hereby agree to specifically release and waive any and all interest, claim or right they may have in each other's retirement accounts of whatever nature and/or type they may have. 5. MARITAL RESIDENCE I DMSION OF EQUITY Marital Residence Husband has requested to keep the marital residence and Wife has agreed. Husband agrees to refinance the present mortgage on the marital residence to remove Wife's name from the mortgage within twenty-four (24) months from the date the parties execute the Affidavit of Consent and the Waiver of Notice to finalize their divorce. Wife's Equity in Marital Residence The parties have agreed Husband may pay Wife the sum ofTen Thousand Dollars and No Cents ($10,000.00) at the time the parties execute the Affidavit of Consent and the Waiver of Notice to finalize their divorce or Husband may pay to Wife the sum of Twelve Thousand Dollars and No Cents ($12,000.00) over a period of three (3) years. This shall represent Wife's equity in the marital residence. If Husband chooses to pay Wife her equity in the marital residence in payments, the sum of Twelve Thousand Dollars and No Cents ($12,000.00) shall be paid to Wife in five (5) payments. The first shall be a payment of the sum of Five Thousand Dollars and No Cents ($5,000.00), which shall be paid at the time the parties execute the Affidavit of Consent and the Waiver of Notice to finalize their divorce. The second payment shall be paid to Wife on or before the first day of the sixth month following the execution of this Agreement. The amount of the second payment shall be One Thousand Seven Hundred Fifty Dollars and No Cents ($1,750.00). The third payment shall be paid to the Wife on or before the first day of the sixth month following the second payment. The amount of the third payment shall be One Thousand Seven Hundred Fifty Dollars and No Cents ($1,750.00). The fourth payment shall be paid to the Wife on or before the fIrst day of the sixth month following the third payment. The amount of the fourth payment shall be One Thousand Seven Hundred Fifty Dollars and No Cents ($1,750.00). The fifth payment shall be paid to the Wife on or before the first day of the sixth month following the fourth payment. The amount of the fifth payment shall be One Thousand Seven Hundred Fifty Dollars and No Cents ($1,750.00). 9 New Deed to the Marital Residence Husband's counsel, Susan Kay Candiello, Esquire, shall prepare a deed transferring all Wife's right, title and interest in the Marital Residence to be executed at the time the parties execute the Affidavit of Consent and the Waiver of Notice to finalize their divorce. When this deed has been executed, Wife's counsel shall hold this deed in escrow until such time as Wife's name has been removed from the mortgage on the marital residence, at which time Wife's counsel shall return the deed to Husband's counsel to be filed. 6. JOINT DEBTS AND LIABILITIES All joint credit cards obtained during the parties' marriage have been closed. Husband has agreed to assume all debt from these credit cards Each party warrants to the other that he/she does not have any credit cards in joint names. Any obligations incurred by either party in his or her individual name, whether incurred before or after the parties' separation, and including credit cards, are the sole responsibility of the party in whose name the debt or obligation was incurred. 7. SEPARATE ASSETS A. Release: The parties hereby agree that as to each of their separate assets, as that term is defined herein, the party not having title to or possession of any particular separate asset hereby waives, releases, relinquishes and forever abandons any and all claim therein, and acknowledges that hereafter the party having title to or possession of a separate asset is the sole and exclusive owner thereof. B. Limitation to Assets Disclosed: The above release is subject to the proviso that it shall be effective only as to those assets disclosed to the other party, although such assets need not be specifically named or disposed of in this Agreement. Neither party intends by the execution hereof to release any claim, which he or she may have in assets, which have not been disclosed. C. Defmition: The term "separate asset" is defined for purposes of this Agreement as designating any asset of any kind (whether real, personal or mixed, tangible or intangible) which is presently titled either in the sole name of a party hereto or jointly with one of the parties hereto and a third party or parties. The term also includes any untitled asset which is presently in the sole possession of one of the parties hereto. The term shall further include any business interests owned by either party, whether individually or together with a third party or parties. D. IndemnifICation as to Expenses: Each of the parties hereby guarantees to indemnifY and hold the other harmless from any liability, cost or expense, including attorneys' fees and interest, which either may be in the future or has been previously incurred with respect to the parties' separate assets as defined herein. ]0 "-'-~'" ... "'"~'~'~"__"'_."'." _-...,w ......___._--'.._. 8. AFTER-ACQUIRED PROPERTY Each of the parties shall hereafter own and enjoy, independently of any claim or right of the other, all items of property, be they real, personal or mixed, tangible or intangible, which are acquired by him or her after execution of this Agreement, 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. 9. WAIVER OF SPOUSAL SUPPORT AND ALIMONY PENDENTE LITE Husband and Wife do hereby waive, release and give up any rights arising from the continuing existence of their marital relationship which either may have against the other for spousal support, alimony pendente lite, or other maintenance of any kind, except as otherwise specifically provided herein. 10. INCOME TAX RETURNS Husband and Wife have filed joint income tax returns while married. If the parties are entitled to a refund and/or incur any liability as a result of joint income tax returns filed during the parties' marriage, the refund and/or the liability shall be equally divided between them. The cost of preparing and handling any prior income tax return from the parties' married years shall be shared equally between them. Husband and Wife agree to promptly make available to each other all records and information necessary or helpful for the preparation of any tax returns, any claim for refunds, and defense of any tax audit. 11. COUNSEL FEES AND EXPENSES The parties agree to each be fully responsible for their individual counsel fees and expenses incurred in obtaining this divorce. Each of the parties has carefully read and fully considered this Agreement and all of the statements, terms, conditions and pro~ions thereof prior to signing below. IN WITNESS WHEREOF, intending to be legally bound hereby, the parties hereto have set their hands and seals the day and year fIrst written above. ~~~~--~ WI SS - ROE BRIAN TEMPLETON a HUSBAND wIooslm~#A CARo.g*A~~1wJ WIFE II -<-'-~--' ....,-~".., ...,,~. --", -,........-..-.....-..-"",.-..- COMMONWEALTH OF PENNSYL VANIA COUNTY OF C\.Lmoedo..n.a On this, the IC)~ day of ~ ,2002, before me, a Notary Public for the Commonwealth of Pennsylvania, undersigned officer, personally appeared GEORGE BRIAN TEMPLETON known to me (or satisfactorily proven) to be the person whose name is subscribed to the within Marital Property Settlement Agreement, and acknowledged that he executed the same for the purpose therein contained. SS: IN WIlNESS WHEREOF, I have set my hand and notarial seal. ~R.~ Notary Public . My Commission Expires: ~ t..{ I r:X;/)5 NotaIfal SeeI ~ Hanfonl, Notary Public CommIs8lon Boto. CumbeIIai1d ~ My Expires Apr. 4, 2005 COMMONWEALTH OF PENNSYL VANIA COUNTY OF On this, the Cj'It. day of 1'1 M) , 2002, before me, a Notary Public for the Commonwealth of Pennsylvania, the urtdersigned officer, personally appeared CAROL YN DAWN TEMPLETON known to me (or satisfactorily proven) to be the person whose name is subscribed to the within Marital Property Settlement Agreement, and acknowledged that she executed the same for the purpose therein contained. SS: IN WIlNESS WHEREOF, I have set my hand and notarial seal. (7J;(Ii~ ~ Notary Public My Commission Expires: NOTARIAL SeAL MAURA A. JENKINS. Notary Public Mec:hanlc:sburg Boro. Cumberland County My Commission Expires November 10, 2003 12 EXHIBIT "A" Prooertv to Wife (The following items of property to Wife are presently being stored by Husband at the marital residence. The ~es have agreed Wife shall remove all the below listed items of personal property on or before~ I \ ..) () () .:L.) / 1) All clothing and accessories; 2) One-half (l/2) of the contents of the china cabinet; 3) Agreed items from kitchen (pots, pans, utensils, juicer); 4) Black leather vibrating chair, ; 5) Dresser in dining room; 6) All motorcycle gear and accessories; 7) Clothing racks in basement; 8) All boxes in basement containing Wife's property; 9) One-half(l/2) Christmas decorations; 10) Living room chair that matches Husband's chair in living room of marital residence; 11) Green Samsonite luggage; 12) Family photographs Prooertv to Husband 1) Small china cabinet above dresser in dining room. (Husband to purchase for $99.00) 13 _.__~H~'_~,,, L__'_'_.......~., .'._., ,_~~ ADDENDUM TO MARITAL SETTLEMENT AGREEMENT THIS AGREEMENT, made this ~ day of ,2002, by and between George Brian Templeton, social security number 163-48-2419, ereinafter called "Husband", and Carolyn Dawn Templeton, social security number 161-56-6589, hereinafter called "Wife". WHEREAS, Husband and Wife were lawfully married on February 6, 1999 in Dauphin County Pennsylvania, and entered into a comprehensive Marital Property Settlement Agreement on 12th day of June, 2002; WHEREAS, Husband and Wife do hereby desire to modifY their Marital Property Settlement Agreement by providing the following terms and conditions; NOW THEREFORE, the parties agree as follows: 1. Husband and Wife agree that Husband may have an additional method for purchasing Wife's equity in the marital residence as identifIed in the Equitable Distribution section of their Marital Property Settlement Agreement on page 9, Section number 5, whereby the total sum paid shall be Ten Thousand Dollars and No Cents ($10,000.00) over a period of twelve months in two equal payments of Five Thousand Dollars and No Cents ($5,000.00). Under this method of payment, Husband shall pay Wife the sum of Five Thousand Dollars and No Cents ($5,000.00) at the time the parties execute the Affidavit of Consent and the Waiver of Notice to fInalize their divorce and Husband shall pay a second and fInal sum of Five Thousand Dollars and No Cents ($5,000.00) within one year (twelve months) after the date of the first payment hereinabove. 2. Upon Husband's fIrst payment of Five Thousand Dollars and No Cents ($5,000.00) as outlined above, Wife shall execute and deliver a quitclaim deed prepared by Husband's Attorney, Susan Kay Candiello, Esquire. IN WITNESS WHEREOF, the parties hereto, intending to be legally bound hereby, have hereunto set their hands and seals the day and year fIrst above written. WITNESS: ~9~ . ,~... _.,',~..~ ".,.".,.. '''--'''''-'-'''''''''''''' (~ Commonwealth of Pennsylvania COUNTY OFCu\'(\.be..\\Q~q ss. On this, the ~~y of ~ ' 20~, before me, a Notary Public, personally appeared George Brian Tempi on, known to me to be the person whose name is subscribed to the within Addendum to Marital Property Settlement Agreement and acknowledged that he executed the same for the purposes therein contained. IN WITNESS WHEREOF, I hereunto set my hand and official seal. ss. On this, the lcJ day of A~u~f , 200_, before me, a Notary Public, personally appeared Carolyn Dawn Temp eton, known to me to be the person whose name is subscribed to the within Settlement Agreement and acknowledged that she executed the same for the purposes therein contained. IN WITNESS WHEREOF, I hereunto set my hand and official seal. NOTARIAL SEAL JAMES A. MIlLER. Notary PullIlo Boro 01 Camp HIlI, CUmberlend Caunty,M My CommI..wn ExpirM AprIl ao. 100I . 'Iv .; .',-... ,,;~t /....It. ~L~. =.;+ ej ~_~;~ ~~~. =Ll .Y C.: Z :< n c ':'~, r, r- ..') 1 '-:1 C) ..;..;:, ...;',," ,.~~ Urn --1 :?: -"1 -< f-3 .:.n {T' GEORGE BRIAN TEMPLETON, PLAINTIFF : IN THE COURT OF COMMON PLEAS : OF CUMBERLAND COUNTY, : PENNSYLVANIA V8. : NO. 01-6388 CIVIL TERM CAROLYN DAWN TEMPLETON, DEFENDANT : CIVIL ACTION - LAW : ACTION FOR DIVORCE PRAECIPE TO TRANSMIT RECORD To the Prothonotary: Please transmit the record, together with the following information, to the Court for entry of a divorce decree: 1. Ground for divorce: Irretrievable breakdown under Section 3301(c) of the Divorce Code. 2. Date and manner of service of Complaint: Service upon the Defendant via Certified Mail, Return Receipt Requested, Restricted Delivery, on November 15,2001. The Affidavit of Service Certified Mail was filed with the Cumberland County Prothonotary on November 20,2001. 3. Date of execution of the Affidavit of Consent required by Section 3301(c) of the Divorce Code by: Plaintiff: August 6, 2002 Defendant: August 17, 2002 4. (a) Related claims pending: None (b) Claims withdrawn: None (c) Claims settled by agreement of the parties: All claims (d) Please see the Marital Property Settlement Agreement which was f1led with the Cumberland County Prothonotary on September 3, 2002 and is to be incorporated but not merged into the Divorce Decree. 5. I certify that the Waiver of Notice of Intention to Request Entry of a Divorce Decree 0 0 0 C I'V " s: U) uG, '"Tl rp~; --0 zf': 1 0l~2 U':i rS,,: ~;'-. <:C' ~.:...-::(-'; !"..) r_J Pc ..~ Z r. .~..., -i i::r1 -< :<.: 01- 1..3Pf CO;L"t-~ ~TALPROPERTYSETTLEMENTAGREEMENT THIS AGREEMENT is entered into this ~ day of ~ 1] , 2002, by and between GEORGE BRIAN TEMPLETON and CAROLYN DAWN TEMPLETON. RECITALS Wife's Birthday and Social Security Number: May 10, 1960 May 25, 1957 161-56-6589 Husband's Birthday and Social Security Number: 163-48-2419 Date of Marriage: February 6,1999 Place of Marriage: Pennsylvania Last Marital Residence: 8 Carol Lane, Enola, Cumberland County, Pennsylvania, 17025 Date of Separation: September 15,2001 Children: None Pending Court Proceedings: None Divorce Court of Common Pleas No. 01-6388 of Cumberland County, Pennsylvania 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 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: the ownership and equitable distribution of marital property; the past, present and future support, and/or maintenance of Wife by Husband; and, in general, any and all claims and possible claims by one against the other or against their respective estates. NOW, THEREFORE, in consideration of the premises and of the mutual promises, covenants and undertakings hereinafter set forth and for other good and valuable consideration, receipt of which is hereby acknowledged by each of the parties hereto, Wife and Husband, each intending to be legally bound hereby, covenant and agree as follows: PERSONAL RIGHTS Wife and Husband may and shall, at all times hereafter, live separate and apart. They shall be free from any contact, restraint, interference or authority, direct or indirect, by the other in all respects as fully as if they were 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. Wife and Husband shall not molest, harass, disturb or malign each other or the respective families of each other nor compel or attempt to compel the other to cohabit or dwell by any means whatsoever with him or her. WAIVER OF RIGHTS AND MUTUAL RELEASES Except as otherwise expressly provided by this Agreement: (a) Each party hereby absolutely and unconditionally releases and forever discharges the other and the estate of the other for all purposes from any and all rights and obligations which either may have or at any time hereafter have for past, present or future support or maintenance, alimony pendente lite, alimony, equitable distribution, counsel fees, costs, expenses and any other right or obligation, economic or otherwise, whether arising out of the marital relationship or otherwise, including all rights and benefits under the Pennsylvania Divorce Code of 1980, its supplements and amendments, as well as under any other law of any other jurisdiction, except and only except all rights, agreements and obligations of whatsoever nature arising or which may arise under this Agreement or for the breach of any provision thereof. Neither party shall have any obligation to the other not expressly set forth herein. (b) Each party hereby absolutely and unconditionally releases and forever discharges the other and his or her heirs, executors, administrators, assigns, property and estate from any and all rights, claims, demands or obligations arising out of or by virtue of the marital relationship of the parties or otherwise, whether now existing or hereafter arising. The above release shall be effective regardless of whether such claims arise out of any former or future acts, contracts, engagements or liabilities of the other or by way of dower, curtesy, widow'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 Pennsylvania, any state, commonwealth or territory of the United States, or any other country. It is expressly understood, however, that neither the provisions of this release nor the subsequent entry of a divorce decree are intended to defeat the right of either party to receive any insurance proceeds at the death of the other of which she or he is the named beneficiary (whether the beneficiary designation was made prior or subsequent to execution hereof), nor to defeat the right of either party to receive any legacy, bequest or residuary portion of the other's estate under his or her will, or to act as personal representative or executor if so named by the will of the other, whether such will was executed prior or subsequent to this Agreement. 2 (c) Except for any cause of action for divorce which either party may have or claim to have, and except for the obligations of the parties contained in this Agreement and such rights as are expressly reserved herein, each party gives to the other by the execution of this Agreement an absolute and unconditional release and discharge from all causes of action, claims, rights or demands whatsoever, in law or in equity, which either party ever had or now has against the other. FINANCIAL DISCLOSURE The parties have disclosed to each other and they are each aware of the extent of each other's income, assets, liabilities, holdings and estate. AGREEMENT TO BE INCORPORATED BUT NOT MERGED INTO DIVORCE DECREE In the event that either of the parties shall recover a final judgment or decree of absolute divorce against the other in a court of competent jurisdiction, the provisions of this Agreement may be incorporated by reference or in substance but shall not be deemed merged into such judgment or decree. This agreement shall survive any such final judgment or decree of absolute divorce, shall be entirely independent thereof, and the parties intend that all obligations contained herein shall retain their contractual nature in any enforcement proceedings, whether enforcement is sought in an action on the contract itself or in any enforcement action filed to the divorce caption. EFFECT OF DIVORCE DECREE ON AGREEMENT Either party may enforce this Agreement as provided in Section 3105(a) of the Divorce Code, as amended. As provided in Section 31 05( c), provisions of this Agreement regarding equitable distribution, alimony, alimony pendente lite, counsel fees or expenses shall not be subject to modification by the court. The parties have agreed this Agreement shall constitute the entire and complete understanding with regard to their property settlement in the event of their divorce. The parties further agreed their execution of this Agreement shall not determine whether or not they move forward to fmalize their divorce and the execution of this Agreement shall not create any presumption of the parties intent to move forward to obtain a divorce. The parties' intent in executing this Agreement is, in the future, should the parties make a decision to finalize their divorce, this Marital Property Settlement Agreement shall be binding upon them at that time. When the parties execute the Affidavit of Consent and the Waiver of Notice to finalize their divorce, Husband shall be responsible for filing these documents and finalizing the divorce. 3 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 defmed as the date of execution by the party last executing this Agreement. ADVICE OF COUNSEL The provisions of this Agreement and their legal effect have been fully explained to the parties by their respective counsel, Susan Kay Candiello, Esquire, for Husband and Christopher J. Keller, Esquire, for Wife. The parties acknowledge that each has received independent legal advice from counsel of their selection and that they have been fully informed as to their legal rights and obligations, including all rights available to them under the Pennsylvania Divorce Code of 1980, as amended, and other applicable laws. Each party confirms that he or she fully understands the terms, conditions and provisions of this Agreement and believes them to be fair, just, adequate and reasonable under the existing circumstances. VOLUNTARY EXECUTION Each party understands the terms and conditions of this Agreement and acknowledges that the Agreement is fair and equitable. The parties have reached this Agreement freely and voluntarily, without any duress, undue influence, collusion or improper or illegal agreements. WAIVER OR MODIFICATION TO BE IN WRITING No modification or waiver of any of the terms hereof shall be valid unless in writing and signed by both parties and no waiver or any breach hereof or default hereunder shall be deemed a waiver of any subsequent default of the same or similar nature. LAW OF PENNSYLVANIA APPLICABLE This Agreement shall be construed in accordance with the laws of the Commonwealth of Pennsylvania. AGREEMENT BINDING ON HEIRS Except as may otherwise be provided, this Agreement shall be binding and shall inure to the benefit of the parties hereto and their respective heirs, executors, administrators, successors and assigns. 4 INTEGRATION This Agreement constitutes the entire understanding of the parties and supersedes any and all prior agreements and negotiations between them. There are no representations or warranties other than those expressly set forth herein. ADDmONAL INSTRUMENTS Wife and Husband covenant and agree that they will forthwith (and within at most twenty (20) days after demand therefor) execute any and all written instruments, assignments, releases, satisfactions, deeds, notes or such other writings as may be necessary or desirable for the proper effectuation of this Agreement. 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 the waiver of any breach of any provision hereof be construed as a waiver of strict performance of any other obligations herein. SEVERABILITY AND INDEPENDENT AND SEPARATE COVENANTS The parties agree that each separate obligation contained in this Agreement shall be deemed to be a separate and independent covenant and agreement. 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 any one or more of the paragraphs herein, with the exception of the satisfaction of any conditions precedent, shall in no way avoid or alter the remaining obligations of the parties. ~ROFGIVINGNOTICE Any notice required by this Agreement to be sent to Wife shall be sent by certified mail, return receipt requested, to, Christopher J. Keller, Esquire, at the Law Office of Christopher J. Keller, 18 West Locust Street, Mechanicsburg, PA 17055, or such other address as Wife from time to time may designate in writing. Any notice required by this Agreement to be sent to Husband shall be sent by certified mail, return receipt requested, to Susan Kay Candiello, Esquire, at the Law Firm of Susan Kay 5 Candiello, P .c., 5021 East Toodle Road, Suite 100, Mechanicsburg P A 17050, or such other address as Husband from time to time may designate in writing. HEADINGS NOT PART OF AGREEMENT Any headings preceding the text of the several paragraphs and subparagraphs hereof are inserted solely for convenience of reference and shall not constitute a part of this Agreement nor shall they affect its meaning, construction or effect. BANKRUPTCY OR REORGANIZATION PROCEEDINGS In the event that either party becomes a debtor in any bankruptcy or financial reorganization proceedings of any kind while any obligations remain to be performed by that party for the benefit of the other party pursuant to the provisions of this Agreement, the debtor spouse hereby waives, releases and relinquishes any right to claim any exemption (whether granted under state or federal law) to any property remaining in the debtor as a defense to any claim made pursuant hereto by the creditor-spouse, and the debtor-spouse hereby assigns, transfers and conveys to the creditor-spouse an interest in all of the debtor's exempt property sufficient to meet all obligations to the creditor-spouse as set forth herein, including all attorneys' fees and costs incurred in the enforcement of this Paragraph or any other provision of this Agreement. No obligation created by this Agreement shall be discharged or dischargeable, regardless of federal or state law to the contrary, and each party waives any and all right to assert that any obligation hereunder is discharged or dischargeable. EFFECT OF RECONCILIATION OR RECONCILIATION ATTEMPT This Agreement shall remain in full force and effect even if the parties reconcile, cohabit as husband and wife, or attempt reconciliation. This Agreement shall continue in full force and effect and there shall be no modification or waiver of any of the terms hereof unless the parties, in writing, signed by both parties, execute a statement declaring this Agreement or any term of this Agreement to be null and void. EXISTING AND FUTURE PERSONAL OBLIGATIONS Further, Wife and Husband each covenant, warrant, represent and agree that neither has heretofore contracted for any debt, liability or obligation for which the other or the estate of the other may be responsible or liable except as specifically disclosed and provided for by the terms of this Agreement. The parties further covenant, warrant, represent and agree that each will now and at all times hereafter save harmless and indemnify the other and the estate of the other from all debts, charges and liabilities incurred after the execution date hereof, except as may be otherwise specifically provided herein, as well as from all debts, liabilities or obligations of every kind which have been incurred heretofore by either party, including those for necessities, except for obligations arising out of this Agreement. 6 ENFORCEMENT The parties intend that this Agreement shall be subject to enforcement under the Pennsylvania Divorce Code of 1980, as amended, and that, notwithstanding any language herein that may be construed to the contrary, this Agreement is not subject to modification except under such terms as the parties have specifically provided for in this Agreement. ENFORCEMENT OF SUPPORT AND ALIMONY PROVISIONS The parties hereby agree that all of the support and alimony provisions contained in this Agreement (including both direct and indirect contributions to support and alimony, such as health care payments and the maintenance of health and/or life insurance) may be enforceable by an action in support in accordance with Pennsylvania Rules of Civil Procedure 1910.1 et seq. REMEDIES AND SANCTIONS In addition to such other remedies and sanctions available under applicable law, the parties may utilize any remedy or sanction set forth in the Pennsylvania Divorce Code, as amended, to enforce any term of this Agreement as though it had been an order of the Court. ATTORNEY'S FEES FOR ENFORCEMENT In the event that either party breaches any provision of this Agreement and the other party retains counsel to assist in enforcing the terms thereof, the parties hereby agree that the breaching party will pay all attorney's fees incurred by the other party in enforcing the Agreement, provided that the enforcing party is successful in establishing that a breach has occurred. EOUlTABLE DISTRIBUTION 1. PERSONAL PROPERTY 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; and hereafter 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 any claims, which either may have with respect to the above items, which shall hereafter be the sole and exclusive property of the other. Irrespective of the foregoing provisions, Husband and Wife hereby assign, convey and transfer to each other all of their right, title and interest in and to those items of personal property 7 which are more fully described in Exhibit "A" of this Agreement. The items set forth in Exhibit "A" shall constitute the sole and exclusive property of the parties. Husband is keeping the marital residence, while Wife is renting a residence until she has the funds and is able to locate a new residence. Husband agrees to keep the items of property identified as Wife's property listed in Exhibit "A" in good condition until Wife is able to locate a new residence. Wife agrees she will remove such property from the marital residence within three (3) months from the date the parties execute the Affidavit of Consent and the Waiver of Notice to fmalize the parties' divorce. By these presents, each of the parties hereby specifically waives, releases, renounces and forever abandons any claims which he or she may have with respect to those items hereby assigned to the other, which shall hereafter be the sole and exclusive property of the other. 2. MOTOR VEHICLES With respect to the motor vehicles owned by one or both of the parties, they agree as follows: A. The 2000 Ford Expedition is presently titled jointly in Husband and Wife's names. Wife has cooperated in removing her name from the title to this vehicle. The 2000 Ford Expedition shall hereafter be the sole and exclusive property of Husband, free of any liens and encumbrances. B. The 1999 Honda is presently titled jointly in Husband and Wife's names. Husband has cooperated in removing his name from the title to this vehicle. The 1999 Honda shall hereafter be the sole and exclusive property of Wife, free of any liens and encumbrances. C. The 2000 Harley Davidson Custom motorcycle is presently titled solely in Husband's name. The 2000 Harley Davidson shall hereafter be the sole and exclusive property of Husband, free of any liens and encumbrances. D. The 1999 Harley Davidson Sportster Custom motorcycle is presently titled solely in Husband's name. Husband will cooperate in removing his name from the title and the loan. Wife will refinance the motorcycle solely in her name and assume responsibility for the loan. The 1999 Harley Davidson shall hereafter be the sole and exclusive property of Wife, free of any liens and encumbrances. E. The parties agree to execute any documents necessary to effectuate the provisions of this Paragraph on the execution date hereof, including Vehicle Sales and Use Tax Returns as necessary to make any conveyances on a tax-free basis if possible. The said documents shall be delivered to the party entitled to receive same pursuant hereto on execution date. F. In the event that any documents of title to the said vehicles shall be in the hands of a bank or other holder of a lien or encumbrance upon either of the said vehicles, and it is intended that such vehicle be conveyed subject to the said lien or encumbrance, the parties agree that they will advise the bank and/or lienholder as to the transfer of title and they further agree to execute 8 whatever documents may be required to transfer title where the parties' documents of title are in the hands of such bank and/or lienholder. 3. BANK ACCOUNTS The parties have closed and equally divided any monies in their joint checking and savings accounts. 4. RETIREMENT INTEREST Husband and Wife each have their own individual retirement accounts, in addition to retirement accounts from past and present employers. Husband and Wife have agreed they do not want to consider any of their retirement accounts in this Agreement. Therefore, Husband and Wife hereby agree to specifically release and waive any and all interest, claim or right they may have in each other's retirement accounts of whatever nature and/or type they may have. 5. MARITAL RESIDENCE I DIVISION OF EQUITY Marital Residence Husband has requested to keep the marital residence and Wife has agreed. Husband agrees to refinance the present mortgage on the marital residence to remove Wife's name from the mortgage within twenty-four (24) months from the date the parties execute the Affidavit of Consent and the Waiver of Notice to finalize their divorce. Wife's Equity in Marital Residence The parties have agreed Husband may pay Wife the sum ofTen Thousand Dollars and No Cents ($10,000.00) at the time the parties execute the Affidavit of Consent and the Waiver of Notice to finalize their divorce or Husband may pay to Wife the sum of Twelve Thousand Dollars and No Cents ($12,000.00) over a period of three (3) years. This shall represent Wife's equity in the marital residence. If Husband chooses to pay Wife her equity in the marital residence in payments, the sum of Twelve Thousand Dollars and No Cents ($12,000.00) shall be paid to Wife in five (5) payments. The first shall be a payment of the sum of Five Thousand Dollars and No Cents ($5,000.00), which shall be paid at the time the parties execute the Affidavit of Consent and the Waiver of Notice to finalize their divorce. The second payment shall be paid to Wife on or before the fIrst day of the sixth month following the execution of this Agreement. The amount of the second payment shall be One Thousand Seven Hundred Fifty Dollars and No Cents ($1,750.00). The third payment shall be paid to the Wife on or before the first day of the sixth month following the second payment. The amount of the third payment shall be One Thousand Seven Hundred Fifty Dollars and No Cents ($1,750.00). The fourth payment shall be paid to the Wife on or before the fIrst day of the sixth month following the third payment. The amount of the fourth payment shall be One Thousand Seven Hundred Fifty Dollars and No Cents ($1,750.00). The fifth payment shall be paid to the Wife on or before the first day of the sixth month following the fourth payment. The amount of the fifth payment shall be One Thousand Seven Hundred Fifty Dollars and No Cents ($1,750.00). 9 New Deed to the Marital Residence Husband's counsel, Susan Kay Candiello, Esquire, shall prepare a deed transferring all Wife's right, title and interest in the Marital Residence to be executed at the time the parties execute the Affidavit of Consent and the Waiver of Notice to finalize their divorce. When this deed has been executed, Wife's counsel shall hold this deed in escrow until such time as Wife's name has been removed from the mortgage on the marital residence, at which time Wife's counsel shall return the deed to Husband's counsel to be filed. 6. JOINT DEBTS AND LIABILITIES All joint credit cards obtained during the parties' marriage have been closed. Husband has agreed to assume all debt from these credit cards Each party warrants to the other that he/she does not have any credit cards in joint names. Any obligations incurred by either party in his or her individual name, whether incurred before or after the parties' separation, and including credit cards, are the sole responsibility of the party in whose name the debt or obligation was incurred. 7. SEPARATE ASSETS A. Release: The parties hereby agree that as to each of their separate assets, as that term is defined herein, the party not having title to or possession of any particular separate asset hereby waives, releases, relinquishes and forever abandons any and all claim therein, and acknowledges that hereafter the party having title to or possession of a separate asset is the sole and exclusive owner thereof. B. Limitation to Assets Duclosed: The above release is subject to the proviso that it shall be effective only as to those assets disclosed to the other party, although such assets need not be specifically named or disposed of in this Agreement. Neither party intends by the execution hereof to release any claim, which he or she may have in assets, which have not been disclosed. c. Defmition: The term "separate asset" is defmed for purposes of this Agreement as designating any asset of any kind (whether real, personal or mixed, tangible or intangible) which is presently titled either in the sole name of a party hereto or jointly with one of the parties hereto and a third party or parties. The term also includes any untitled asset which is presently in the sole possession of one of the parties hereto. The term shall further include any business interests owned by either party, whether individually or together with a third party or parties. D. IndemnifICation as to Expenses: Each of the parties hereby guarantees to indemnify and hold the other harmless from any liability, cost or expense, including attorneys' fees and interest, which either may be in the future or has been previously incurred with respect to the parties' separate assets as defined herein. 10 8. AFT~R-ACQUlRED PROPERTY Each of the parties shall hereafter own and enjoy, independently of any claim or right of the other, all items of property, be they real, personal or mixed, tangible or intangible, which are acquired by him or her after execution of this Agreement, 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. 9. WAIVER OF SPOUSAL SUPPORT AND ALIMONY PENDENTE LITE Husband and Wife do hereby waive, release and give up any rights arising from the continuing existence of their marital relationship which either may have against the other for spousal support, alimony pendente lite, or other maintenance of any kind, except as otherwise specifically provided herein. 10. INCOME TAX RETURNS Husband and Wife have filed joint income tax returns while married. If the parties are entitled to a refund and/or incur any liability as a result of joint income tax returns filed during the parties' marriage, the refund and/or the liability shall be equally divided between them. The cost of preparing and handling any prior income tax return from the parties' married years shall be shared equally between them. Husband and Wife agree to promptly make available to each other all records and information necessary or helpful for the preparation of any tax returns, any claim for refunds, and defense of any tax audit. 11. COUNSEL FEES AND EXPENSES The parties agree to each be fully responsible for their individual counsel fees and expenses incurred in obtaining this divorce. Each of the parties has carefully read and fully considered this Agreement and all of the statements, terms, conditions and provisions thereof prior to signing below. IN WITNESS WHEREOF, intending to be legally bound hereby, the parties hereto have set their hands and seals the day and year first written above. ~~~~ ----~ WI SS "- ," ORGE BRIAN TEMPLETON a HUSBAND wfTNE~tt:J~ C~~A~~1i#JwJ WIFE 11 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CLlmbe.do...n.d On this, the Ic)~ day of A-tJJ(ti) ,2002, before me, a Notary Public for the Commonwealth ofPennsylv~ ~d;;;igned officer, personally appeared GEORGE BRIAN TEMPLETON known to me (or satisfactorily proven) to be the person whose name is subscribed to the within Marital Property Settlement Agreement, and acknowledged that he executed the same for the purpose therein contained. SS: IN WITNESS WHEREOF, I have set my hand and notarial seal. ~R.~ Notary Pubhc . My Commission Expires: ~ L{ J ~S- NOl8rII/ Seal ~ Hanford, Notary Public Meet Bolo. Cumbed8nd ~ My Commllilion Expires Apr. 4, 2005 COMMONWEALTH OF PENNSYL VANIA SS: COUNTY OF On this, the 9ft. day of ,tYI M J , 2002, before me, a Notary Public for the Commonwealth of Pennsylvania, the ud'dersigned officer, personally appeared CAROL YN DAWN TEMPLETON known to me (or satisfactorily proven) to be the person whose name is subscribed to the within Marital Property Settlement Agreement, and acknowledged that she executed the same for the purpose therein contained. IN WITNESS WHEREOF, I have set my hand and notarial seal. 7J2 ~ ( {if AA4C .' Notary Public My Commission Expires: NOTARIAL SEAL MAURA A. JENKINS, Notary Public Mechanicsburg Bora, Cumberland County My Commission Expires November 10, 2003 12 EXHIBIT "A" Prooertv to Wife (The following items of property to Wife are presently being stored by Husband at the marital residence. The ~es have agreed Wife shall remove all the below listed items of personal property on or before.,f\!,1 \ .;Ioo ~.) , 1) All clothing and accessories; 2) One-half(1/2) of the contents of the china cabinet; 3) Agreed items from kitchen (pots, pans, utensils, juicer); 4) Black leather vibrating chair, ; 5) Dresser in dining room; 6) All motorcycle gear and accessories; 7) Clothing racks in basement; 8) All boxes in basement containing Wife's property; 9) One-half (1/2) Christmas decorations; 10) Living room chair that matches Husband's chair in living room of marital residence; 11) Green Samsonite luggage; 12) Family photographs Prooertv to Husband 1) Small china cabinet above dresser in dining room. (Husband to purchase for $99.00) 13 ADDENDUM TO MARITAL SETTLEMENT AGREEMENT THIS AGREEMENT, made this ~ day of , 2002, by and between George Brian Templeton, social security number 163-48-2419, ereinafter called "Husband", and Carolyn Dawn Templeton, social security number 161-56-6589, hereinafter called "Wife". WHEREAS, Husband and Wife were lawfully married on February 6, 1999 in Dauphin County Pennsylvania, and entered into a comprehensive Marital Property Settlement Agreement on 12th day of June, 2002; WHEREAS, Husband and Wife do hereby desire to modify their Marital Property Settlement Agreement by providing the following terms and conditions; NOW THEREFORE, the parties agree as follows: 1. Husband and Wife agree that Husband may have an additional method for purchasing Wife's equity in the marital residence as identified in the Equitable Distribution section oftheir Marital Property Settlement Agreement on page 9, Section number 5, whereby the total sum paid shall be Ten Thousand Dollars and No Cents ($10,000.00) over a period of twelve months in two equal payments of Five Thousand Dollars and No Cents ($5,000.00). Under this method of payment, Husband shall pay Wife the sum of Five Thousand Dollars and No Cents ($5,000.00) at the time the parties execute the Affidavit of Consent and the Waiver of Notice to finalize their divorce and Husband shall pay a second and final sum of Five Thousand Dollars and No Cents ($5,000.00) within one year (twelve months) after the date of the first payment hereinabove. 2. Upon Husband's first payment of Five Thousand Dollars and No Cents ($5,000.00) as outlined above, Wife shall execute and deliver a quitclaim deed prepared by Husband's Attorney, Susan Kay Candiello, Esquire. IN WITNESS WHEREOF, the parties hereto, intending to be legally bound hereby, have hereunto set their hands and seals the day and year first above written. WITNESS: ~q~ ~~ -------- , George Brian Templeton (~ Commonwealth of Pennsylvania ss. COUNTY OF t.LLm{x.,\Q ",c\ On this, the ~~y of ~ ' 20tW, before me, a Notary Public, personally appeared George Brian TempI on, known to me to be the person whose name is subscribed to the within Addendum to Marital Property Settlement Agreement and acknowledged that he executed the same for the purposes therein contained. IN WITNESS WHEREOF, I hereunto set my hand and official seal. k'l~\.~~C~ NOTARYPU IC My Commission Expires: Notarial Seal ~ R. HanfOrd. Notary Public III Bora, Cumberland County My Commission expires Apr. 4. 2005 Commonwealt 0 ennsy vania COUNTY OF {wW ~J~()05 ss. On this, the ltJ day of A,~/A.~f , 200_, before me, a Notary Public, personally appeared Carolyn Dawn Temp eton, known to me to be the person whose name is subscribed to the within Settlement Agreement and acknowledged that she executed the same for the purposes therein contained. IN WITNESS WHEREOF, I hereunto set my hand and official seal. NOTARIAL SEAL JAMES A. MIlLER. Notary Public Boro 01 C8mp HIlI. ClIr/IIl8ItaIId Oaunl\fo M My CommIlIIon ExpIrea AprllIO, toae ... .~,,... .i....~ " !:..-~ 0 r-, Cl C ,. -n " .j .. 1 ri~! I \:J L ....:.:, (;J i ,::i ~;: " " .-n )> ,.." ~..... ~>" c') 2:' N :'<)I'n )>C2 ~ c -c7' ':.n L.. Jl :< {T' -<. ~-I " IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY STATE OF PEN NA. " " " " George Brian Templeton No. 01-6388 CIVIL TERM VERSUS Carol vn Dawn Tenu;>leton AND NOW, DECREE IN DIVORCE ~ t1) 2002 , IT IS ORDERED AND DECREED THAT (',p(')TgP Bri;ln '1"Prr1p 1 P+-nn , PLAINTIFF, AND Carolyn Dawn Templeton , 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; OONE " By T PROTHONOTARY J. -~2:.~ ~ ~O-W'p ~ P ~ ~ ~ -n f'f?of?/-!J > .' .; ... '. ~ ~ .... ~ ~,< ~ ~ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA T i3Y1PU:-lON I 6ebth E 8'tt AN Plaintiff No. 2()O I-()' 3 & r CIVIL TERM CIVIL ACTION - LAW IN DIVORCE v. T!:.-W>terotJ, CM.Ol;yN bAwN NOTICE OF ELECTION TO RETAKE FORMER NAME Defendant Notice is hereby given that the.~n the above captioned Divorce Action, hereby elects to retake an~ hereafter use her previous name of era. rblYIl Mttm tOLLbt This election is made pursuant to the provisions of 54 P.S. 704. Signature Commonwealth of Pennsylvania : County of Cumberland : ss: On the / z, ~ day of ..... \0 ~ b9 fl J'. 2002, before a Notary Public. Personally appeared {h.ro tyN ))a/I.JN foug/ known to me to be the person whose name is subscribed to the within document, and acknowledged that she executed the foregoing for the purpose therein contained. IN WITNESS WHEREOF, I have hereunto set my hand and Notarial Seal. '~/()ry~C;~-l+~ NOTARIAL SEAL Notary Public JODY S. SMITH, NOTARY PUBLIC Carlisle Boro, Cumberland County My Commission Expires April 4, 2005 ~ ........ ~ '\lJ -\' (;? ~ ~ ~ !;Q ~ ~ ~ ", ~ ~ ';: VI -\--..... -c'J c: ';:'~~ ""!JG Uif+\ "7 -r-, %~T:; -.<", ~. C.::: L~ ~~- )-;S; ~ -- o ['.) U") r1" -'J " ':::i"\ I,' -,' .'"1; ~, , " ......:; ....1 GEORGE BRIAN TEMPLETON, PLAINTIFF IN THE COURT OF COMMON PLEAS CUMBERLVVD COUNTY, PENNSYLVANIA V. No.: 01-6.188 CAROLYN DAWN TEMPLETON DEFENDANT CIVIL AC110N - DIVORCE AND CUSTODY NOTICE Legal proceedings have been brought against you alleging you have willfully disobeyed an Order of Court for Marital Settlement Agreement. 1. If you wish to defend against the claim set forth in the following pages, you are required to file in writing with the Court your defenses or objections. 2. You must appear in person in Court on in Courtroom Carlisle, Pennsylvania. ,2005, at , Cumberland County Courthouse, If you do not appear in person, the Court may issue a warrant for your arrest and you may be committed to jaiL 3. If the Court fmds that you have willfully failed to comply with an Order or Court, you may be found to be in contempt of Court and committed to jail, fmed or both. 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 (717) 249-3166 GEORGE BRIAN TEMPLETON, PLAINTIFF IN THE COIIRT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v. No.: 01-6388 CAROLYN DA WN TEMPLETON DEFENDANT CIVIL ACTION - DIVORCE AND CUSTODY PETITION FOR CONTEMPT The Petitioner, Carolyn Dawn Koller, formerly Carolyn Dawn Templeton, by her attorney, Brett P. Zankel, Esquire, respectfully represents: 1. The Petitioner is Carolyn Dawn Koller, of 121 Elizabeth Avenue, Dauphin, Pennsylvania, 17018. 2. The Respondent is George B. Templeton of 5 Havenwood Trail, Ormond Beach, Florida, 32174. 3. This Court on 12th September, 2002, by the Honorable Edgar B. Bayley, entered an Order with respect to the Divorce Dlecree in the above captioned matter with an integrated Marital Settlement Agreement and Addendum herein attached and marked Exhibit" (1) A and (1) B."' 4. The Marital Settlement agreement required that George Templeton complete certain economic acts specifically payoff certaiI1l credit cards and remove Petitioner from those accounts, as well as pay to Petitioner certain sums of money. All of which he has failed to do. 5. Petitioner has noticed Respondent both orally and in writing, of his failure to comply, which he has chosen to ignore. 6. Because Respondent, George Brian Templeton, willfully failed to comply with the terms of the Marital Settlement agreement n~fuses to pay according to its terms, Petitioner has been forced to fIle this Petition of Contempt. 7. Respondent continues to willfully fail and refuse to obey the Court's Order and comply with said Marital Settlement agreement. 8. Said marital settlement contains penalty clauses for non compliance by the respondent including but not limited to payment of all costs and legal fees. 9. Respondent has been and continues to be financially able to make full payments with respect to said Order. Wherefore, Petitioner respectfully requests that your Honorable Court enter an Order adjudicating Respondent, George Brian Templeton, in contempt of Court and further direct incarceration to be purged only by full compliance with the Order of 10th September, 2002,. Petitioner also requests the Court order the Respondent to pay interest with respect to all monies past due, pay counsel fees with respect to this Petition and the enforcement of this Honorable Court's Order relating to this marital settlement agreement. Further Petitioner requests this Court to place a lien for the amount owed to Petitioner on any real property owned by Respondent, and or garnish the monies owed from Respondents disability payments. r tt P. Zankel, Es . e 266 Clarks Valley Road P.O. Box 266 Dauphin, PA 17018 (717) 921-2192 .........,.. ........-,,'--" ,~ .. . , TBI8 AG1tIZMENT is eDtered iDto thia ..h2:- day of ~.. . 2002, by and between GEORGE BRIAN TEMPLETON' and CAROLYN DAWN' TEMPLETON. ua:tAI4 Wlfe's Bit1bday and Social SoQurity Number: Hu.hmd's BirIbday and Social Security Number: MIl)' 10, 1960 MAay 25,1957 161.56-6589 163-48--2419 o.teof~.at1on: Febn1ery 6,1999 PennsyMmia I Carol LaDe, Eftole, Cumberlaud CouDty, PenDsyIwnia. 17025 September 15, 2001 None Da1e Of~lke"'. Phv.le ofMarriaae: Last Marital B~: Children: P.....G... Court ProcC'edhlp; None CourtofCommonP1eaa No. 01-6388 ofCUlnbodand CouDty. PamsylVlUJia WItJ'lI.I ~S, divene UDbappy ~ disputes audl dit!'lcultI.ea have IIiIal between the plII'des aDd it is the hdedtioo of Wife aDd Husband to Iivel.epault~ IIDd IpIII't for the rest of their aaturallives, and tile pII1'lics hereto are cIairous of settlina. fully aDd finally their 1~ fiIIaIIcial and plOJiUt) riahts and obliJP"it- .. '*" ~ ClI1 eech otber iDcludiDa, without limitation: the ownership aDd equitable atribution of mariUIl fll\'PCI'lY; 1tJo put, JlICIClftt IIDd future support, lIDlIIor ....l.A.___ of Wa by fIuI.band; lad, in ~, any mild all cbIimB 8IId possible claims by ODe tpI- the othor or 9iMt tbdr <~ ...w. Divorce NOW, TIIEREI'Ou, in conaiderasion of the premiJes and of the mutual pIOIDilJell, cov-..... ad undarI8kiDp hcrol-fter let forth and 1br o1ber &'OOd and valuable consideration, receipt ofwbioh is hereby ackDowledged by eech of the parties hereto, Wife aDd HusbeDd, each imewHna to be JepJJy boUlld hereby, co...aIIIIIt ad.... fonOWll: 1 : i1A \::, po<:)es PERSONAL RIGHTS Wife and Husband may and sbaJl, as all times hereillftet, live separate and apart. They shall be free from any contact, rcstmint, interference or authority, direct or indirect, by the other in all respects as fully as if they were unmarried. Each may, for his or her sepIIlllte use or benefit, conduct, carry on and engage in any business, occupation, Jl1'Ofession or employment which to him or her may seem advisable. Wife and Husband shall nc:lt molest, harass, disturb or malign each other or the respective families of each other nor compel or attempt to compel the other to cohabit or dwell by any means whatsoever with him or her. WAIVER OF RIGHTS AND MUTUAL RELEASES Except as otherwise expressly provided by this AgreeD1CDt: (a) Each party hereby absolutely and unconditionally releases and forever discharges the other and the estate of the other for all puI'pOSCls from any 8ml all rights and obligations which either may have or as any time hereafter have for past, present or future support or maintenance, alimony pendente lite, alimony, equitable distribution, counsel fees, costs, expenses and any other right or obligation, economic or otherwise, whether arising out of the marital relationship or otherwise, including all rights and benefits under the Pennsylvania Divorce Code of 1980, its supplements and amendments, as well as under any other law of any other jurisdiction, except and only except all rights, agreements and obligations of whatsoever nature arising or which may arise under this Agreement or for the breach of any provision thereof. Neither party shall have any obligation to the other not expressly set forth herein. (b) Each party hereby absolutely and unconditionally releases and forever discharges the other and his or her heirs, executors, administrators, assigns, pmperty and estate from any and all rights, claims, del1umds or obligations arising out of or by vitnx, of the marital relationship of the parties or otherwise, whether now existing or hereafter aris:ing. The above release shall be effective regardless of whether such claims arise out of any former or future acts, contracts, engagements or liabilities of the other or by way of dower, curtesy, widow'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 eIther as testamentary, or all other rights of a surviving spouse to participate in a deceased spouse's estate, whether arising under the laws of Pennsylvania, any state, commonwealth or tenitory of the United States. or any other country. It is expressly understood. however, that neither the provisions of this release nor the subsequent entry of a divorce decree are intended to defeat the right of either party to receive any insurance proceeds at the death of the other ofwbich she or he is the named beneficiary (whether the beneficiary designation was made prior or subsequent to execution hereof), nor to defeat the right of either party to receive any legacy, bequest or residuary portion of the otber's estate under his or her will, or to act as personal representative or executor if so named by the will of the other, whether such will was executed prior or subsequent to this Agreement. 2 (c) Except for any cause of action for divorce which either party may have or claim to have, aod except for the obIigstions of the parties contained in this ~ and such rights as are ~"ssJy reserved herein, each perty gives to the other by the execution oftbis Agreement an absolute and unconditional reJoase and discharge 1iom aU causes of action, claims, rights or tlP.rnsmd~ whatsoever, in law or in equity, which either pau1:y ever bad or now has "W'inM( the other. FINANCIAL DISCLOSURE The parties have disclosed to each other and they lire each aware of the extent of each other's income. assets, liabiliIies, holdings and estate. AGREEMENT TO BE INCORPORATED BUT NOT MERGED INTO DIVORCE DECREE In the event that either of the parties shall recover a :linal j.viV"""t or decree of absolute divorce against the other in a court of competent jurisdiction, the provisions of this Agreement may be incorporated by reference or in substance but shaU not be deemed merged into such j'~n1 or decree. This agreement sbaIl survive any such lin81 jnt'lV"""~ or decree of absolute divorce, shall be entirely independent thereof, and the parties intend that all obligations conhl;nM herein shall retain their conttaetuaI nature in any enforcement ~ing.c. whether enfo.n:e.meDl is sought in an action on the eontrlICt itself or in any ~t action :tiled. to the dMm::e caption. EFFECT OF DIVORCE DECREE ON AGREEMENT Either party may enforce this Agreemeut as provided in Section 3105(a) of the Divorce Code, as -m..t As provided in Section 3105(e), pIOwdons of this Agreement regarding equitable distribu1ion, alimony, alimony pendente lite, coUll1SCl fees or ~ shall not be subject to mndificlPinu by the court. The parties have agreed this Agreement shall cOJlStitute the entire and complete understaodiDg with regard to their p~operty settlement in the <<went of their divorce. The pIIrties further agreed their execution of this Agreement shall not determine whether or not they move forward to tin"li_ their divorce and the execution of this Agreement shall not create any presumption oftbe pIIrties iDtcnt to move forward to obtain a dilvorce. The parties' intent in executing this Agreement is, in thl~ fitture, should the plIl1ies make a decision to ~1\,,1;7P. their divorce, this Marital Property Settlement AgreeiDent sbaIl be bind;qg upon them at that time. When the parties execute the Affidavit of Consent and the Waiver of Notice to tjnali7.e their divorce, HusbaDd shall be responsibl1e for filing these documents and fin..Jir.i~g the divorce. 3 DATE OF EXECUTION The "date of execution" or "exllCUtion date" of this Agreement shall be defined 1I8 the date upoll which it is executed by the parties if they have each C)(.ewted the Agreement on the same date. Otherwise, the "date of execution" or "execution date" of this Agreement sball be defined 1I8 the date of execution by the party last executing this AgreeJnent. ADVICE OF COUNSEL The provisions of this Agreement and their legal effect have been fully explained to the parties by their respective counsel, Susan Kay Candiello, EsGluire, for Husband and Christopher I. Keller, Esquire, for Wife. The parties acknowledge that elIlCh bas received independent leaal advice from counsel of their selection and that they have been fully informed 1I8 to their legal rights and obligations, includina all rights available to them under the Pennsylvania Divorce Code of 1980, as an""u'ed, and other applicable laws. Eachperty confirms that he or she fully understands the terms. conditions and provisions of this Agreement and believes them to be fair, just, adequate and reasonable under the existing circumstances. VOLUNTARY EXECUTION Each party understands the terms and conditions of this Agreement and acknowledges that the Agleemcnt is fair and equitable. The parties have l'C'8cbed this Agreement freely and voluntarily, without any duress, undue influence, collusion or improper or illegal agreements. W AlVER OR MODIFICATION TO BE IN WRITING No modification or waiver of any of the terms hereof slilall be valid unless in writing and signed by bod!. parties and no waiver or any breach hereof or default hereunder shall be deemed a waiver of any subsequent defiwlt of the same or similar nature. LAW OF PENNSYLVANIA APPUCABLE This Agreement shall be construed in accordance with the laws of the Commonwealth of Pennsylvania. AGREEMENT BINDING ON HEIRS Except as may otherwise be provided. this Agreement slilall be binding and sbal1 inure to the benefit of the parties hereto and their respective heirs, executors, administrators, successors and assigns. 4 I , INTEGRATION This Agreement constitutes the entire UIIderstandinB of the parties and supersedes any and all. prior agreements and negotiations between them. There are no repre!entations or warranties other than those C,Apl-Jy set forth herein. ADDmONAL INSTRUMENTS Vue and Husband covenant and agree that they will forthwith (and within at most twenty (20) days after demand therefor) execute any and all written ilJstruments, assignments, releases, satisfactions, deeds, notes or such other writings as may be IICcessary or desirable for the proper effectuation of this Agreement. NO WAIVER OF DEFAULT This Agreement sball remain in full force and effect unless and until termin..ted 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 A~ment shall in no way affect the right of such party hereafter to enforce the same, nor sball the waiver of any breach of any provision hereof be construed as a waiver of any subsequent default of the sam.: or similar nature, nor shall the waiver of any breach of any provision hereof be const:rlled as a waiver of strict performance of any other obligations herein. SEVERABILITY AND INDEPENDENT AND SEPARATE, COVENANTS The parties agree that each separate obligation contained in this Agreement shall be deemed to be a separate and independent covenant and agreeDl1ent. If any term. condition, clause or provision of this Agreement shall be determined or dec1an:d to be void or invalid in law or otherwise, then only that term, condition, clause or provis,ion 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 meell her or his obligations under any one or more of the paragraphs herein, with the exception of tbe ....nm.ction of any conditions precedent, shall in no way avoid or alter the remaining obligations of the parties. MANNER OF GIVING NOTICE Any notice required by this Agreement to be sent to Wife shall be sent by certified mail, return receipt requested, to, Christopher J. Keller. Esquire. at 1:be Law Office of Christopher J. Keller. 18 West Locust Street, Mechanicsburg, PA 17055, or SUflh other address as Vue from time to time may designate in writing. Any notice required by this Agreement to be sent to Husband shall be sent by certified mail, return receipt requested, to Susan Kay C.andiello, Esquir<:, at the Law Firm of Susan Kay s '. .. ' I , Candiello, P.C., 5021 East Trindle Road, Suite 100, Mechanicsburg PA 11050, or such other address as Husband from time to time may designate in writing. HEADINGS NOT PART OF AGREEMENT Any ~rlings preceding the text of the several paragraphs and subparagraphs hereof are inserted solely for convenience of reference and sball not constitute a part of this Agreement nor shall they affect its meaning, construction or effect BANKRUPTCY OR REORGANIZA110N PROCEEDINIGS In the event that either party becomes a debtor in any bankruptcy or financial reorganization proceedings of any kind while any obligations remain to be performed by that party for the benefit of the other party pursuant to the provisions of this Agreement, the debtor spouse hereby waives, releases and relinquisbes any rigbtto claim any exemption (whether granted UDder slate or federal law) to any property rell'a;n;nl~ in the debtor as a defense to any claim made pursuant hereto by the creditor-spouse, and t1~e debtor-spouse hereby assigns, transfm and conveys to the creditor-spouse an interest in all of the debtor's exempt property sufficient to meet all obligations to the creditor-spouse as set ~Drth herein, including all attorneys' fees and costs incurred in the enforcement of this Paragraph or any otheJ; provision of this Agree~t. No obligation created by this Agreement shall be discharged or dischargeable, regardless of federal or state law to the contrary, and each party waives any and all right to assert that any obligation hereunder is discharged or di3Chargeable. EFFECr OF RECONCILIATION OR RECONCILIATION AITEMPT This Agreement sball remain in full force and effect even if the parties reconcile, cohabit as husband and wife, or attempt reconciliation. This AgreeD1Imt shall continue in full force and effect and there sball be no modi1ication or waiver of any of the terms hereof unless the parties, in writing, signed by both parties, execute a statement declaring this Agreement or any term of this Agreement to be null and void. EXISTING AND FUTURE PERSONAL OBUGATlONS Further, Wife and Husband each covenant, warrant, represent and agree that neither bas heretofore contracted for any debt, liability or obligation for which the other or the estate of the other may be responsible or liable except as specifically disclosed and provided for by the terms of this Agreement. The parties further covenant, warrant, repn:sent and agree that each will now and at all times hereafter save harmless and ind..."ni(}t the othc9" and the estate of the other from all debts, charges and liabilities incurred after the execution date hereof, except as may be otherwise specifically provided herein, as well as from all debts, liabilities or obligations of every kind which have been incurred heretofore by either party, including those for necessities, except for obligations arising out of this Agreement. 6 " I , I ' ENFORCEMENT The parties intend that this Agreement shall be subject to enforcement under the Pennsylvania Divorce Code of 1980, as amended, and that, lKItwithstAnt!;I\8 any language herein that may be construed to the contrary, this Agreement is not subject to modification except under such terms as the parties have specifically provided for in this AgteemenL ENFORCEMENT OF SUPPORT AND ALIMONY PROVISIONS The parties hereby agree that all of the support and alimony provisions contained in this Agreement (including both direct and indirect contributions to support and alimony, such as health care payments and the maintenance of health and/or life insurance) may be enforceable by an action in support in accordance with Pennsylvania Rules of Civil Procedure 1910.1 et seq. REMEDIES AND SANCTIONS In addition to such other remedies and sanctions aVllilable under applicable law, the parties may utilize any remedy or sanction set forth in the Pennsylvania Divorce Code, as amended, to enforce any tenn of this Agreement as though it luId been an order of the Court. ATJ'ORNEY'S FEES FOR ENFORCEMENT In the event that either party breaches any provision of this Agreement and the other party retains counsel to assist in enforcing the terms thereof, the parties hereby agree that the breaching party will pay all attorney's fees incurred by tile other party in enforcing the Agreement, provided that the enforcing party is successful in establishing that a breach has occurred. 1. PERSONAL PROPERTY Husband and Wife do hereby acknowledge that the)' have previously divided their tangible personal property including, but without limitati4>n, jewelry, clothes, furniture, furn;gf,;ng.~, rugs. carpets, household equipment and appliances, pictures, books, works of art and other personal property; and hereafter Wife agrees that all of the property in the possession of Husband shall be the sole and separate property of Husband; 8IId Husband agrees that aU of the propel t1 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 any claims, which either may have with respect to the above items, which sha1I herellfter be the sole and exclusive property of the other. Irrespective of the foregoing provisions, Husband and Wife hereby assign, convey and transfer to each other all of their right, title 8I1d iate..,st in and to those items of personal property 7 '. , , , , which are more fully described in Exhibit .. A" of this Agreenlellt. The items set forth in Exhibit "A" shall constitute the sole and exclusive property of the parties. Husband is keeping the marital residence, while Wife is renting a residence until she bas the funds and is able to locate a new residence. Husband agrees to keep the items of property identified as Wife's property listed in Exhibit "A" in good condition until Wife is able to locate a new residence. Wife agrees she will remove such property from the marital residence within three (3) months from the date the parties execute the Affidavit of Consent and the Waiver of Notice to fln..H7,e the parties' divorce. By these presents, each of the parties hereby speciJica1ly waives, releases, renounces and forever abandons any claims which he or she may have with respect to those items hereby assigned to the other, which shall hereafter be the sole and exclusive property of th\: other. 1. MOTOR VEHICLES With respect to the motor vehicles owned by one or both of the parties, they agree as follows: A. The 2000 Ford Expedition is presently titled jointly in Husband and Wife's names. Wife has cooperated in removing her name from the title to this vehicle. The 2000 Ford Expedition shall hereafter be the sole and exclusive property of Husband, free of any liens and encumbrances. B. The 1999 Honda is presently titled jointly in Husblutd and Wife's names. Husband has cooperated in removing his name from the title to this vehicle. The 1999 Honda shall hereafter be the sole and exclusive property of Wife, free of any liens and encumbrances. C. The 2000 Harley Davidson Custom motorcycle is presently titled solely in Husband's name. The 2000 Harley Davidson shall hereafter be the sole and exclusive property of Husband, free of any liens and encumbrances. D. The 1999 Harley Davidson Sportstel' Custom motorcycle is presently titled solely in Husband's name. Husband will cooperate in removing his nllme from the title and the loan. Wife will refinance the motorcycle solely in her name and IISlmIne responsibility for the loan. The 1999 Harley Davidson shall hereafter be the sole and excll1llive property of Wife, free of any liens and encumbrances. E. The parties agree to execute any documents necess&ly to effectuate the provisions of this Paragraph on the execution date hereof, including Vehicl,e Sales and Use Tax Returns as necessary to make any conveyances on a tax-free basis if possihle. The said documents shall be delivered to the party entitled to receive same pursuant hereto Oll, execution date. F. In the event that any documents of title to the said vClhicles shall be in the hands of a bank or other holder of a lien or encumbrance upon either of the: said vehicles, and it is intended that such vehicle be conveyed subject to the said lien or encumbrance, the parties agree that they will advise the bank and/or lienholder as to the transfer of title ~1IJd they further agree to execute 8 .' whatever doouments may be required to transfer title where the parties' documents of title are in the bands of such bank and/or lienholder. 3. BANKACCOUNTS The parties have closed and equally divided any monies in their joint checking and savings accounts. 4. RETIREMENT INTEREST Husband and Wife each have their own individual retirement accounts, in addition to retirement accounts from past and present employers. Husband and Wae have agreed they do not want to consider any of their retirement llCQOunts in this Agreement. Therefore, Husband and Wife hereby agree to specifically release and waive any and all interest, claim or right they may have in each other's retirement accounts ofwbatever nature and/or type they may have. 5. MARITAL RESIDENCE I DMSION OF EQUITI' MarItal ResideDee Husband has requested to keep the marital residence and Wife has agreed. Husband agrees to refinance the present mortgage on the marital residence to remove Wife's name from the mortgage within t'lMmty-four (24) months from the date the parties execute the Affidavit of Consent and the Waiver of Notice to nnali7,e tllleir divorce. Wife'. EqaJty iB Marital Resldea.ce The parties have agreed Husband may pay Wife the sum ofTen Thousand Dollars and No Cents ($10,000.00) lilt the time the parties execute the Affidavit of Consent and the Waiver of Notice to finalize their divorce or Husband may pay to Wife the sum of Twelve Thousand Dollars and No Cents ($12,000.00) over a period of three (3) years. This shalIleplesalt Wae's equity in the marital residence. If Husband chooses to pay Wife her equity in the mariUil residence in payments, the sum of Twelve Thousand Dollars and No Cents ($12,000.00) shall be paid to Wife in five (5) payments. The first shall be a payment of the sum of Five Thousand Dollars and No Cents ($5,000.00), which shalI be paid at the time the parties execute the Affidavit of CoDllellt and the Waiver of Notice to finalize their divorce. The second payalel1t shalI be paid to Wae on or before the first day of the sixth month following the execution of this Agreement. The amount of the second payment shall be One Thousand Seven Hundred Fifty Dollars and No Cents ($1,750.00). The third payment shalI be paid to the Wae on or before the first day of the sixth month following the second payment The amount of the third ;payment shall be One Thousand Seven Hundred Fifty Dollars and No Cents ($1,750.00). The fourth payment shall be paid to the Wac on or before the first day of the sixth month following the third payment. The amount of the fourth payment shall be One Thousand Seven Hundred Fifty Dollars and No Cents ($1,750.00). The fifth payment shall be paid to the Wife on or before ~ first day of the sixth month following the fourth payment. The amount of the fifth payment shall be One Thousand Seven Hundred Fifty Dollars and No Cents ($1,750.00). 9 '. .' . New Deed to the Mari... RaideDee Husband!'s counsel, Susan Kay Candiello, Esquire, shall prepare a deed transferring all Wife's right, title and interest in the Marital Residence to be executed at the time the parties execute the Affidavit of Consent and the Waiver of Notice to finalize their divorce. When this deed has been executed. Wife's cO\l11SCI sbaIl hold this deed in escrow until such time as Wife's name has been removed from the mortgage on the marital residence, at which time Wife's counsel shall return tbe deed to Husband's counsel to be filed. 6. JOINT DEBTS AND LIABILITIES All joint credit cards obtained during the parties' nwriage have been closed. Husband has agreed to assume all debt from these credit cards Each party warrants to the other that belshe does not Wive any credit cards in joint names. Any obligations incurred by either party in his or her individual name, whether incurred before or after the parties' separation, and including credit cards, are the sole responsibility of the party in whose name the debt or obligation was incurred. 7. SEPARATE ASSETS A. R.lea.: The parties hereby agree that as to each of their separate assets, as that term is defined herein, the party not having title to or POSsessiOIl of any particular separate asset hereby waives, releases, relinquishes and forever abandons any and aU claim therein, and acknowlecJses that hereafter the party having title to or possession of a separate asset is the sole and exclusive owner thereot: B. Li1ItittItio" to Asut8 Disclo6<<J: The above release is subject to the proviso that it shall be effective only as to those assets disclosed to the other party, although such assets need not be specifically named or disposed of in this Agreement. Neither party intends by the execution hereof to release any claim, which he or she may have in assets, which have not been disclosed. c. De/l1fJtJon: The term "separate asset" is defined fOir purposes of this Agreement as designating any asset of any kind (whether real, personal or mixed, tangible or intangible) which is presently titled either in the sole name of a party hereto or johrtly with one of the parties hereto and a third party or parties. The term also includes any untitled asset which is presently in the sole possession of one of the parties hereto. The term shall fintber include any business interests owned by either party, whether individually or together with a third party or parties. D. I~""'" lIS to Expos.,: Each of the parties hereby guarantees to indemnify and bold the other harmless from any liability, cost or expense, including attorneys' fees and interest, which either may be in the future or bas been previou,sly incurred with respect to the parties' separate assets as defined herein. 10 '. .' . 8. AFTER-ACQUIRED PROPERTY Each of the parties shall hereafter own and enjoy. independently of any claim or right of the other, all items of property, be they real, personal or mixc~ tangible or intangible, which arc acquired by him or her after execution of this Agreement, 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 UIlIIIlIlI'ied. 9. WAIVER OF SPOUSAL SUPPORT AND ALIMONY PENDENTE LITE Husband and Wife do hereby waive, release and give up any rights arising from the continuing existence of their marital relationship which either may have against the other for spousal support, alimony pendente lite. or other lIUlintenance of any kind, except as otherwise specifically provided herein. 10. INCOME TAX RETURNS Husband and Wife have filed joint income tax returns while married. If the parties are entitled to a refund and/or incur any liability as a result of joint income tax returns filed during the parties' marriage, the refund and/or the liability shall be c<)ualIy divided between them.. The cost of pie paring and handling any prior income tax return from the parties' married years sha1l be shared equally between them. Husband and Wife agree to promptly make available to each other all records and information necessary or helpful for the preparation of any tax returns, any claim for refunds, and defense of any tax audit. 11. COUNSEL FEES AND EXPENSES The parties agree to each be fully responsible for their individual counsel fees and expenses incurred in obtAinillg this divorce. Eac:b of the partieI bIB carefully reed aDd fully eoBlklend this Agreement and aD of the ltat.leuh, terms, eoDditioaa aDd provisioDl thereof prior to aigDiDg below. IN WITNESS WHEREOF, intending to be legally bound hereby, the parties hereto have set their hands and seals the day and year first written above. ~0 ~&/~ ~~;:::s ---" "- ~S ~ J(~RGE BRIAN TEMPLETON HUSBAND wtA.Fl4fi(&' u20a:!JfoA~~Jrv WIFE 11 . " - . COMMONWEALTH OF PENNSYLVANIA COUNTY OF Cu.\'(\be(-\o..nd On this. the I~ day of ~ ,2002, before me, a Notary Public for the Commonweallb ofPeDDSylwnia, 'mderoigJ1M offit:er, perSonally appeared GEORGE BRIAN TEMPLETON known to me (or satisfBctorlly proveJll) to be the person whose name is subscribed to the withiu Mari1a1 Plupodty Settlement Agreemc::nt, and aclmowledged that he executed the same for the purpose therein COD...........l S8~ IN WITNESS WHEREOF, I have set my haDd and D01Iaria1 seal. J1~~R.~ Notary Public: . My Commission Expires: ~ ~1;tXJS I ,......... ..lC!h= R.1:lIrIIIfII.,." NIID ..,Q., ..,-' e. 1 Ii;.d~ - L I . ElIphe Apt. 4, ICOlS COMMONWEALTH OF PENNSYLVANIA SS: COUNTY OF On tbis, the 9"- day of 1'1 ~ ' 2002, before me, a Notary Public for the CoIrunonviealth ofPemlsylvauia, the sued officcll', personally appeared CAROLYN DAWN TEMPLETON kDown to me (or satisfactorily proven) to be the person whose name is subscribed to the withiu Marital Plupe.ty Settle:ment Agreement, and aclmowledged ~ she executed the same for the purpose therein ................... IN Wl1NESS WHEREOF, I have set my haDd and noaaial seal. (~ ~c U. ,. otary Public - My Commission Expires: NOTAIIIAL WI. MAUlIA A. JalK\NS. .. I'IilIIc M,ch8JMcUIa!O Boro. CIoolblllllld Collnlr My Commission &pile! Mo'ltlllblll10. 20lIS 12 . t . . , . EXHIBIT "A" FnmertY to Wife (The following items of property to Wue ere pmmtly being stored by HtJSban(f at the marital residence. The P.J11ies have agreed Wjjle shall remove all the below listed items of personal property on or ~J\z, . \ .,jnn :1-.) , , 1) All clothing and accessories; 2) ~haIf (112) oftbC contwts ofthc chiDa eabinct; 3) Agnled items from kiteben (pots, pans, ~;\s, juicer); 4) Black leatber vibratiDs chair, ; 5) Dresser in diDiDg room; 6) All motorcycle gear lIIId acce<lsories; 7) Clothing racks in basement 8) All boxes in baa-- contAining Wife's ProPertY; 9) ~haIf (112) Christmas decorations; 10) Liviug room chair tbatmatches Husband's chair in living l'llOm of marital raidence; 11) Green S.....-ite luggage; 12) Family photognIpbs PnDertv to 811'-.... 1) Small chiJla cabinet above dresser in dining room. (Husblmd to purohase for S99.00) 13 .~. . , . . I . ~UM TO MARITAL SF4TI'Ll:MENT AG~EMEm: TIllS AGREEMENT, made this ~ day of &~ 2002, by and between George Brian Templeton, social security number 163-48-2419~ called "Husband", and Carolyn Dawn TempletOn, social security number 161-56-6589, heI'einafter called "Wife". WHEREAS, Husband and Wife were lawfully married on February 6, 1999 in Dauphin County Pennsylvania, and entered into a comprehensive Marital Property Settlement AgIeement on 12th day of June, 2002; WHEREAS, Husband and Wife do hereby desire t.o modify their Marital Property Settlement Agreement by providing the following terms and conditions; NOW THEREFORE, the parties agree as follows: I. Husband and Wife agree that Husband may have an ,additional method for purchasing Wife's equity in the marital residence as identified in the Equitable Distribution section of their Marital Property Settlement Agreement on page 9, Section nun:lber 5, whereby the total sum paid shall be Ten Thousand Dollars and No Cents ($10,000.00) over a period of twelve months in two equal payments of Five Thousand Dollars and No Cents ($5,000.00). Under this method of payment, Husband shall pay Wife the sum of Five Thousand Dollars and No Cents ($5,000.00) at the time the parties execute the Affidavit of Consent and the Waiver of Notice to flnaJi7.e their divorce and Husband shall pay a second and final sum of Five Thousand Dollars and No Cents ($5,000.00) within one year (twelve months) after the date of the first payment hereinabove. 2. Upon Husband's first payment of Five Thousand Dollllrs and No Cents ($5,000.00) as outlined above, Wife shall execute and deliver a quitclaim deed prepared by Husband's Attorney, Susan Kay Candiello, Esquire. ::s p~ S . , . "i " . IN WITNESS WHEREOF, the parties hereto, intellding to be legally bound hereby, have hereunto set their hands and seals the day and year first above written. WIlNESS: /U/j~ __~::::::t:::::::> --...... , George Brian Templeton I~ . . " . ., " I Commonwealth of Pennsylvania : SS, COUNTY OF Cu.ro.b€.,\o.. ~C\ On this, the ~~y of ~ ' 200:d.. before me, a Notary Public, personally appe.ued George Brian TempI on, known to me to be ):he person whose name is subscribed to the within Addendum to Marital Property Settlement Agreement and acknowledged that he executed the same for the purposes theredn contained, IN WITNESS WHEREOF, I hereunto set my hand and official seal. My Commission Expires: NoIIrIeI Se8I .i L r HInIood, ~ PUlIc ~;: ~~~.od ~ ....., ..4,2005 Common 0 ennsy COUNTY OF {~ : ss. On this. the tv day of ~"'If . 200-, before me. a Notary Public, personally appeared Carolyn Dawn Temp eton, known to me to be the person whose name is subscribed to the within Settlement Agreement and acknowledged that she executed the same for the purposes therein contained. IN WITNESS WHEREOF, I hereunto set my hand and official seal. 1IOTNlW- III!AL .... A. 1IlLLER. NoWy PullIIc IIaIo <II CImp MIl, c..._1lI ~ fi\ IoIy c......-..n1!lq:JllW Apt-.1lllII " .- .. ,. VERlF1CATION I verify that the statements made in the foregoing document 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: --=r -\ \-OS By ~AiJ!:t Jaull<. t,1&.- CAROLY .,' AWN KOLLER .. , - o c ....' (:,":1 ,..-.... ~-," o --n ..., --r:~ f1iF:; ~ 7'.) l...-~- ) , ''it /';- c.,- ~::2 V'l GEORGE BRIAN TEMPLETON, PLAINTIFF ff- RECEIVED AUG 0 1 2~ IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v. No.: 01-6388 CAROLYN DAWN TEMPLETON DEFENDANT CIVIL ACTION - DIVORCE AND CUSTODY RULE TO SHOW CAUSE And now, this 01::)., day of (1111 &1111J.- ,2005, upon consideration of the within Petition for Contempt, a Rule is gran~pondent, George Bnan Templeton, to show why the relief requested in said Petition should not be granted. Rule Returnable,. '..j!ll~l! b ,~,;w vf &:_Y ...._-, hearing thereon, on the .1.qkL day of , 2005, at 1I36 If,M. in Courtroom d. erland County Courthouse, Carlisle, Pennsylvania. By the Court , 'v1NVAlASNN3d }JNno~') ('~Y:1:l3tlifro 90: II WV B- snw SOOl Atl\I10NOHlOO:! 3H1 .:10 30l:i:io-a3ll:l