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HomeMy WebLinkAbout08-2213r TERRY L. ANGSTADT, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION -LAW JOANN ANGSTADT, NO. 0 - t -'' CIVIL TERM Defendant IN DIVORCE NOTICE TO DEFEND AND CLAIM RIGHTS You have been sued in Court. If you wish to defend against the claims set forth in the following pages, you must take prompt action. You are warned that if you fail to do so, the case will proceed without you and a decree of divorce or annulment may be entered against you for any claim or relief requested in these papers by the Plaintiff. You may lose money or property or other rights important to you, including custody or visitation of your children. When the ground for the divorce is indignities or irretrievable breakdown of the marriage, you may request marriage counseling. A list of marriage counselors is available in the Office of the Prothonotary at Cumberland County Courthouse, Carlisle, Cumberland County, Pennsylvania, 17013. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. CUMBERLAND COUNTY BAR ASSOCIATION 32 South Bedford Street Carlisle, Pennsylvania 17013 Phone: (717) 249-3166 or (800) 990-9108 V TERRY L. ANGSTADT, Plaintiff V. JOANN ANGSTADT, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION -LAW :NO. 0 g• 2..21-3 CIVIL TERM IN DIVORCE COMPLAINT IN DIVORCE NO FAULT 1. Plaintiff is Terry L. Angstadt, an adult individual currently residing at 78 Diller Drive, Shippensburg, Cumberland County, Pennsylvania. 2. Defendant is JoAnn Angstadt, an adult individual currently residing at 78 Diller Drive, Shippensburg, Cumberland County, Pennsylvania. 3. Plaintiff is a bonafide resident of the Commonwealth of Pennsylvania and has been so for at least six months immediately previous to the filing of this Complaint. 4. Plaintiff and Defendant were married on April 27, 1981, in Prince George's County, Maryland. 5. There have been no other prior actions for divorce or annulment between the parties. r 6. Plaintiff has been advised of the availability of counseling and the right to request that the Court require the parties to participate in counseling. Knowing this, Plaintiff does not desire that the Court require the parties to participate in counseling. 7. Plaintiff and Defendant are citizens of the United States of America. 8. The parties' marriage is irretrievably broken. 9. Plaintiff desires a divorce based upon the belief that the Defendant will, ninety (90) days from the date of service of this Complaint, consent to this divorce. WHEREFORE, Plaintiff requests your Honorable Court to enter a divorce pursuant to 23 P.S. Section 3301 (c) of the Domestic Relations Code. Respectfully submitted, v Hannah Herman-Snyder, Esqu e Attorney for Plaintiff GRIFFIE & ASSOCIATES 200 North Hanover Street Carlisle, PA 17013 (717) 243-5551 (800) 347-5552 VERIFICATION 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. Section 4904, relating to unsworn falsifications to authorities. DATE: TERM- L. A GSTA T, Plaintiff ? ? ? p ( V C"J ?s `?- - -- rr? ? - , n ? ; ? ? -? Y r? r t..,.' _..? 7 C O ' ?__ _y v- \ +? ?. ? ? w o,., ca TERRY L. ANGSTADT, IN THE COURT OF COMMON PI I-AS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. : CIVIL ACTION -- LAW JOANN ANGSTADT, NO. 2008-2213 CIVIL TERM Defendant IN DIVORCE ACCEPTANCE OF SERVICE I, Jennifer L. Spears, Esquire acknowledge that on April 169, 2008 I received a Complaint in Divorce in regards to the above captioned action and acknowledge that I am authorized to do so on behalf of Defendant, JoAnn Angstadt. Date: _ Lt?J--- Attornev for Defendant Martson, Deardorff, Williams, Otto, Gilroy & Faller Manson Law Offices 10 East High Street Carlisle, PA 17013 (717) 243-3341 Jein*'Spears, Esquire (mil `.?`t ?? ? ? .-1??.'.? ? iT* ..-- ? 'j ?. ?. , ..?? ? -? j; ?r Ka (Y: :? TERRY L. ANGSTADT, Plaintiff V. JOANN ANGSTADT, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION -LAW NO. 2008-2213 CIVIL TERM IN DIVORCE AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under §3301 (c) of the Divorce Code was filed on April 7, 2008, and accepted via Acceptance of Service on April 16, 2008. 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety (90) days have elapsed from the date of filing and service of the Complaint. 3. I consent to the entry of a final Decree of Divorce after service of notice of intention to request entry of the decree. I VERIFY THAT THE STATEMENTS MADE IN THE FOREGOING AFFIDAVIT ARE TRUE AND CORRECT. I UNDERSTAND THAT FALSE STATEMENTS HEREIN ARE MADE SUBJECT TO THE PENALTIES OF 18 Pa.C.S. §4904 RELATING TO UNSWORN FALSIFICATION TO AUTHORITIES. DATE: _? . Lag ;Zip TERR . ANGST ,Plaintiff FILED-OFFICE OF THE PFD? ON©7AF Y 2009 DEC 14 PM 1: 5 5 Galt :? . JUNTY TERRY L. ANGSTADT, Plaintiff V. JOANN ANGSTADT, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION -LAW NO. 2008-2213 CIVIL TERM IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REQUEST THE ENTRY OF A DIVORCE DECREE UNDER 43301(c) OF THE DIVORCE CODE 1. I consent to the entry of a final decree in 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 THE FOREGOING AFFIDAVIT ARE TRUE AND CORRECT. I UNDERSTAND THAT FALSE STATEMENTS HEREIN ARE MADE SUBJECT TO THE PENALTIES OF 18 Pa.C.S. §4904 RELATING TO UNSWORN FALSIFICATION TO AUTHORITIES. DATE: 7 . ?e-v, 200 TERRY L. A TADT, P ai ff R E"FF OF THE PF?OTKNJ, OTARY 2009 DEC 14 PM 1= 5 5 JAW FTILES?CGenm 13012 Mgstadu 13012. Laomon Revised: 9121/09 1-08PM Jennifer L. Spears, Esquire MARTSON DEARDORFF WILLIAMS OTTO GILROY & FALLER MARTSON LAW OFFICES I.D. 87445 10 East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Defendant TERRY L. ANGSTADT, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 2008-2213 CIVIL ACTION - LAW JOANN ANGSTADT, Defendant IN DIVORCE AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under § 3301(c) of the Divorce Code was filed on April 7, 2008. 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety days have elapsed from the date of filing and service of the Complaint. 3. I consent to the entry of a final decree of divorce after service of notice of intention to request entry of the decree. I verify that the statements made in this affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. § 4904 relating to unsworn falsification to authorities. Date: December 2, 2009 Ann Angsta , Defendant FILED-Oif 14:4 O THE- P „ 7 !(",ND GARY 2009 DEC 14 PH 3' 13 Jennifer L. Spears, Esquire MARTSON DEARDORFF WILLIAMS OTTO GILROY & FALLER MARTSON LAW OFFICES I.D. 87445 10 East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Defendant TERRY L. ANGSTADT, Plaintiff V. JOANN ANGSTADT, Defendant : IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA : NO. 2008-2213 CIVIL ACTION - LAW : IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER §3301(c) AND & 3301(d) OF THE DIVORCE CODE 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 waiver 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: Decmeber 2, 2009 J Angst t, Defendant FIl. iC£ OF THE PirIk' --"??iOTARY 2009 DEC 14 Fri 3: 13 PB Nl S?`,,TVr*,!iA -?f , as 13 PROPERTY AND SEPARATION AGREEMENT BETWEEN TERRY L. ANGSTADT AND JOANN ANGSTADT GRIFFIE AND ASSOCIATES 200 NORTH HANOVER STREET CARLISLE, PA 17013 .h 4' THIS AGREEMENT, made this 1-0, day of p (_* 0?Lr , 2009, by and between TERRYL. ANGSTADT, of P.O. Box 120, Scotland, Pennsylvania, party of the first part, hereinafter referred to as "Husband", AND JOANN ANGSTADT, of 78 Diller Drive, Shippensburg, Pennsylvania, party of the second part, hereinafter referred to as "Wife", WITNESSETH: WHEREAS, the parties hereto are Husband and Wife, having been married on April 27, 1981, in Prince Georges County, Maryland. There were two children born of this marriage, both currently over the age of majority. WHEREAS, diverse unhappy differences, disputes and difficulties have arisen between the parties and it is the intention of Wife and Husband to live separate and apart, and the parties hereto are desirous of settling their respective financial rights and obligations as between each other including the settling of matters between them relating to the past, present and future support and/or maintenance of Wife by Husband and Husband by Wife. WHEREAS, the parties hereto wish finally and for all time to settle and determine their respective property and other rights growing out of their marital relation; wish to live separate and apart; and, wish to enter into this property and separation Agreement; WHEREAS, both and each of the parties hereto have been advised of their legal rights and the implications of this Agreement and the legal consequences which may and will ensue from the execution hereof; WHEREAS, Wife acknowledges that she is thoroughly conversant with and knows accurately the size, degree, and extent of the estate and income of Husband, and Husband acknowledges that he is thoroughly conversant with and knows accurately the size, degree and extent of the estate and income of Wife; NOW, THEREFORE, in consideration of the mutual promises, covenants and undertakings hereinafter set forth which are hereby acknowledged by each of the parties hereto, Wife and Husband, each intending to be legally bound hereby, covenant and agree as follows: 1. ADVICE OF COUNSEL: The provisions of this Agreement and their legal effect have been fully explained to the parties by their respective counsel, Hannah Herman-Snyder, Esquire for Husband and Jennifer L. Spears, Esquire for Wife. The parties acknowledge that they have received independent legal advice from counsel of their selection and that they fully understand the facts and have been fully informed as to their legal rights and obligations and they acknowledge and accept that this Agreement is, in the circumstances, fair and equitable and that it is being entered into freely and voluntarily after having received such advice and with such knowledge and that execution of this Agreement is not the result of any duress or undue influence and that it is not the result of any collusion or improper or illegal agreement or agreements and the parties hereto state that he or she in the ti "t procurement and execution of this Agreement, has not been subjected to any fraud, concealment, overreaching, imposition, coercion, or other unfair dealing on the part of the other, or on the part of the other's counsel. 2. WARRANTY OF DISCLOSURE: The parties warrant and represent that they have made a full disclosure of all assets and their valuation prior to the execution of this Agreement. This disclosure was in the form of an informal exchange of information by the parties' attorneys and/or the parties and this Agreement between the parties is based upon this disclosure. 3. MUTUAL RELEASE: Husband and Wife each do hereby mutually remise, release, quitclaim, and forever discharge the other and the estate of such other, for all times to come and for all purposes whatsoever, of and from any and all right, title and interest, or claims in or against the property (including income and gain from property hereafter accruing) of the other or against the estate of such other, of whatever nature and wheresoever situate, which he or she now has or at any time hereafter may have against such other, the estate of such other, or any part thereof, whether arising out of any former acts, contracts, engagements, or liabilities of such other as by way of dower or curtesy, or claims in the nature of dower or curtesy or widow's or widower's rights, family exemption, or similar allowance, or under the intestate laws, or the right to take against the spouse's Will; or the right to treat a lifetime conveyance by the other as testamentary, or all other rights of a surviving spouse to participate in a deceased spouse's estate, whether arising under the laws of (a) Pennsylvania, (b) any state, commonwealth or territory of the United States, or (c) any other country, or any rights which either party may have or at any time . 4 . hereafter have for past, present, or future support or maintenance, alimony, alimony pendente lite, counsel fees, costs or expenses, whether arising as a result of the marital relation or otherwise, except and only except, all rights and agreements and obligations of whatsoever nature arising or which may arise under this Agreement or for the breach of any thereof. It is the intention of Husband and Wife to give to each other by execution of this Agreement a full, complete, and general release with respect to any and all property of any kind or nature, real or personal, not mixed, which the other now owns or may hereafter acquire, except and only except, all rights and agreements and obligations of whatsoever nature arising or which may arise under this Agreement or for the breach of any thereof. 4. PERSONAL RIGHTS AND SEPARATION: Wife and Husband may and shall, at all times hereafter, live separate and apart. They shall be free from any control, restraint, interference or authority, direct or indirect, by the other in all respects as if they were unmarried. They may reside at such place or places as they may select. Each may, for his or her separate use or benefit, conduct, carry on and engage in any business, occupation, profession or employment which to him or her may seem advisable. Wife and Husband shall not molest, harass, disturb 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 or in any manner whatsoever with him or her. 5. AGREEMENT NOT A BAR TO DIVORCE PROCEEDINGS. This Agreement shall not be considered to affect or bar the right of Wife or Husband to a limited or absolute divorce on lawful grounds if such grounds now exist or shall hereafter exist or to such defense as may be available to either party. This Agreement is not intended to condone and shall not be deemed to be a condonation on the part of either party hereto of any act or acts on the part of the other party which have occasioned the disputes or unhappy differences which have occurred prior to or which may occur subsequent to the date hereof. The parties intend to secure a mutual consent, no-fault divorce pursuant to the terms of Section 3301 (c) or (d) of the Divorce Code of 1980. 6. AGREEMENT TO BE INCORPORATED IN DIVORCE DECREE: The parties agree that the terms of this Agreement may be incorporated into any divorce decree which may be entered with respect to them. Notwithstanding such incorporation, this Agreement shall not be merged in the decree, but shall survive the same and shall be binding and conclusive on the parties for all times. 7. DATE OF EXECUTION: The "date of execution" or "execution date" of this Agreement shall be defined as the date upon which it is executed by the parties if they have each executed the Agreement on the same date. Otherwise, the "date of execution" or "execution date" of this Agreement shall be defined as the date of execution by the party last executing this Agreement. 8. PERSONAL PROPERTY: Husband and Wife do hereby acknowledge that they have previously divided their tangible personal property, except as set forth herein, 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 whatever claims, if any, he or she may have with respect to the above items which shall become the sole and separate property of the other, with full power to him or her to dispose of the same as fully and effectually, as though he or she were unmarried. 9. BANK ACCOUNTS: For the mutual promises and covenants contained in this Agreement, Husband and Wife hereby waive all right, title, claim or interest they may have to equitable distribution in their respective bank accounts, checking or savings, if any, and each party waives against the other any duty of accounting for disposition of any jointly held funds. The parties hereby confirm their prior distribution of the contents of their joint bank accounts, except as set forth herein, and neither shall hereafter make any claim against the other regarding the same. 10. MOTOR VEHICLES: With respect to the motor vehicles owned by one or both parties, they agree as follows: a. The 2008 Honda Civic, currently in Wife's ownership and possession shall remain the sole and exclusive property of Wife. Husband shall waive any right, title and interest he has or may have in said vehicle. b. The 2008 Honda Civic, currently in Husband's ownership and possession shall remain the sole and exclusive property of Husband. Wife shall waive any right, title and interest she has or may have in said vehicle. c. The 1993 Toyota Previa, currently in Wife's ownership and possession shall remain the sole and exclusive property of Wife. Husband shall waive any right, title and interest he has or may have in said vehicle. 11. AFTER-ACQUIRED PERSONAL PROPERTY: Each of the parties shall hereafter own and enjoy, independently of any claim or right of the other, all items of personal property, tangible or intangible, hereafter acquired by him or her after the parties date of separation, 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. 12. REAL ESTATE: The parties are joint owners of real estate located at 78 Diller Drive, Shippensburg, Cumberland County, Pennsylvania. Said property is owned in joint names as tenants by the entireties. The property is not encumbered with a mortgage or any liens against the property. From the time of execution of this Agreement forward, Wife shall be solely and exclusively responsible for any and all expenses in regards to said real estate. Simultaneously with signing this Agreement, Husband shall execute a Deed conveying his interest in said property to Wife. Husband shall make no claim of any nature whatsoever relative to any legal or equitable interest in the aforesaid real estate from the date of execution and delivery of the Deed forward, except as set forth below in paragraph 13(a). 13. PENSION, RETIREMENT, PROFIT SHARING: a. The parties respectively have numerous investments in Vanguard accounts and Bank of America IRAs. Each party shall retain the investments currently held in his or her name in regards to these Vanguard accounts: Husband-0045-88021824588 and Wife- 0063-88021826463. These Vanguard accounts are specifically not being considered in this Agreement. The parties intend for the portion of the marital estate represented by Husband's Vanguard personal accounts (0063-09945122811, 0053-09945122811, 0551- 09945122811, 73964894), Husband's Vanguard IRAs (0119-09945122811, 0119- 09969918535, 0584-09969918535, 0030-88008642712, 0539-88008642712, 59120850, 0030-09969918535, 5132-09969918535), Husband's Bank of America IRAs (presently, two (2) CDs and a money market account) and, Wife's Vanguard personal accounts (0063-09924594127, 44743286), Wife's Vanguard IRAs (0119-09924594127, 0030- 88008643452, 0119-88008643452, 33525738), Wife's Vanguard accounts (0051- 09924594127, 0053-09924594127), Wife's Bank of America IRAs (presently, two fixed term IRA and a money market account), and the assigned value of TWO HUNDRED SIXTY THOUSAND AND XX/100 DOLLARS ($260,000.00) for the marital residence at 78 Diller Drive, Shippensburg, Cumberland County, Pennsylvania to be equalized such that at the time of execution of this Agreement, but effective June 25, 2009, Wife shall receive a total of SEVENTY-SIX THOUSAND AND XX/100 DOLLARS ($76,000.00) via transfer to Wife's Vanguard IRA Account Number 0030-88008643452, with TWENTY-SIX THOUSAND AND XX/100 DOLLARS ($26,000.00) being provided as a rollover from Husband's IRA (0030-09969918535) and FIFTY THOUSAND DOLLARS AND XX/100 ($50,000.00) being provided as a rollover from Husband's IRA (0300-88008642712), as soon as administratively possible. Wife shall be attributed any gains Iola& on the SEVENTY-SIX THOUSAND AND XX/100 DOLLARS ($76,000.00) from the effective date of the transfer, June 25, 2009. If the marital residence is not sold by June 30, 2012, the parties shall arrange for an appraisal, either by agreeing on a joint appraisal or averaging two appraisals, one obtained by each of them, with the appraisal(s) pursuant to either scenario to be completed no later than July 31, 2012. Once the value of the marital residence is determined, either by sale or upon completion of the appraisal(s), within forty-five (45) days, the parties shall equalize their estate, not by revisiting the investments that are being distributed as set forth above, but by equalizing the value of the marital residence, such that if the net proceeds from the sale of the marital residence are TWO HUNDRED SEVENTY THOUSAND AND XX/100 DOLLARS ($270,000.00), Wife shall owe to Husband FIVE THOUSAND AND XX/100 DOLLARS (5,000.00) as there were net proceeds in the amount of TEN THOUSAND AND XX/100 DOLLARS ($10,000.00) more than the attributed value, TWO HUNDRED SIXTY THOUSAND AND XX/100 DOLLARS ($260,000.00). Assuming Wife shall owe Husband, Wife shall provide the distribution in the form of cash. Wife shall not, in any manner, encumber the marital residence from the time of execution of this agreement until such time as the marital residence is sold such that it is encumbered by any more than 50% of its attributed value, TWO HUNDRED SIXTY THOUSAND AND XX/100 DOLLARS ($260,000.00). b. Husband served in the military service from June 3, 1970 to June 30, 1990, so that the parties were married for 110 months out of the 241 months he was in the service. In consideration of Wife's interest in Husband's pension, the parties agree that Wife shall receive a portion of Husband's pension according to the following calculation: 22.8% of Husband's gross monthly income, minus the appropriate taxes, based on Husband's tax bracket, with adjustments made, as appropriate, every May 1, with Husband providing Wife any and all relevant information to document his tax bracket. Furthermore, every January, there will be a cost of living adjustment, and Husband will adjust payments accordingly and provide Wife any and all relevant information to document the cost of living increase. Wife shall keep Husband apprised of her current address and/or other location to which Wife wishes Husband to send the periodic payments, which Husband shall make in accordance with the above, with Wife receiving said payments no less than three (3) times yearly, approximately the first of the months of January, May and September. Said payments are equitable distribution payments, not taxable to Wife, and shall not terminate upon any change of circumstances, including but not limited to the remarriage of either party, except that said payments to Wife shall terminate upon the death of either party. 14. CASH PAYMENT: Husband shall pay to Wife ELEVEN THOUSAND AND XX/100 DOLLARS ($11,000.00), immediately, upon execution of this Agreement. 15. DEBTS: Except as otherwise herein expressly provided, the parties shall and do hereby mutually remise, release and forever discharge each other from any and all actions, suits, debts, claims, demands and obligations whatsoever, both in law and in equity, which either of them ever had, now has, or may hereafter have against the other upon or by reason of any matter, cause or thing up to the date of the execution of this Agreement. In the event that either party becomes a debtor in 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 provision 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 iri 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 attorney's 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. The failure of any party to meet his or her obligations under any one or more of the paragraphs herein, with the exception of the satisfaction of conditions precedent, shall not in any way void or alter the remaining obligations of either of the parties. 16. HUSBAND'S ESTATE: In the event Husband predeceases Wife, Wife shall receive the sum of ONE HUNDRED AND FIFTY THOUSAND AND XX/100 DOLLARS ($150,000.00) from Husband's estate as a priority bequest. This provision shall be binding regardless of the remarriage of either party. 17. WARRANTY AS TO EXISTING OBLIGATIONS: Each party represents that they have not heretofore incurred or contracted for any debt or liability or obligation for which the estate of the other party may be responsible or liable except as may be provided for in this Agreement. Each party agrees to indemnify or hold the other party harmless from and against any and all such debts, liabilities or obligations of every kind which may have heretofore been incurred by them, including those for necessities, except for the obligations arising out of this Agreement. 18. WARRANTY AS TO FUTURE OBLIGATIONS: Wife and Husband each covenant, warrant, represent and agree that each will now and at all times hereafter save harmless and keep the other indemnified from all debts, charges and liabilities incurred by the other after the execution date of this Agreement, except as may be otherwise specifically provided for by the terms of this Agreement and that neither of them shall hereafter incur any liability whatsoever for which the estate of the other may be liable. 19. ALIMONY ALIMONY PENDENTE LITE SPOUSAL SUPPORT MAINTENANCE, AND CHILD SUPPORT: a. Husband hereby waives any right or claim of any nature whatsoever relative to alimony, alimony pendente lite, spousal support, spousal maintenance, counsel fees and expenses against Wife. b. Wife hereby waives any right or claim of any nature whatsoever relative to alimony, alimony pendente lite, spousal support, spousal maintenance, counsel fees and expenses against Husband. 20. BANKRUPTCY: The respective duties, covenants and obligations of each party under this Agreement shall not be dischargeable by bankruptcy, but if any bankruptcy court should discharge a party of accrued obligations to the other, this Agreement shall continue in full force and effect thereafter as to any duties, covenants and obligations accruing or to be performed thereafter. 21. DIVORCE: Husband has commenced an action for divorce from Wife pursuant to Section 3301 (c) or (d) of the Pennsylvania Divorce Code (irretrievable breakdown) by the filing of a Complaint on April 7, 2008. The parties shall each sign an Affidavit of Consent and Waiver of Notice of Intention to Request the Entry of a Divorce Decree evidencing that each of them consents to the divorce, with the same being executed and provided to counsel for Husband no later than December 15, 2009. It is further agreed and understood that any decree of divorce issuing in this matter shall reflect the fact that Husband will bear the cost of same in his individual capacity. a. Each of the parties agree that this Agreement represents a complete and final agreement as to their respective property rights which arose from the marital relation and therefore mutually waive any and all rights they may have under Section 3501 (Equitable Distribution) of the Pennsylvania Code, Act No. 1990-206. b. This Agreement may be offered in evidence in the action for divorce and may be incorporated by reference in the decree to be granted therein. Notwithstanding such incorporation, this Agreement shall not be merged in the decree, but shall survive the same and shall be binding and conclusive on the parties for all time. 22. LEGAL FEES: In the review and preparation of this Agreement, each party shall bear his/her own legal fees. 23. REMEDY FOR BREACH: If either party breaches any provision of this Agreement, the other party shall have the right, at his or her election, either to sue for damages for such breach, in which event the breaching party shall be responsible for payment for reasonable legal fees and costs incurred by the other in enforcing their rights hereunder, or to seek such other remedies or relief as may be available to him or her. 24. EQUITABLE DISTRIBUTION: It is specifically understood and agreed that this Agreement constitutes an equitable distribution of property, both real and personal, which was legally and beneficially acquired by Husband and Wife or either of them during the marriage as contemplated by The Act of December 19, 1990 (P.L. No. 1240, No. 206) known as "The Divorce Code," 23 P.S. 3501 et seq. of the Commonwealth of Pennsylvania, and as amended. 25. SUMMARY OF EFFECT OF AGREEMENT: It is specifically understood and agreed by and between the parties hereto, and each party accepts the provisions herein made in lieu of and in full settlement and satisfaction of any and all of said parties' rights against the other for any past, present and future claims on account of support, maintenance, alimony, alimony pendente lite, counsel fees, costs and expenses, equitable distribution of marital property and any other claims of each party, including all claims raised by them in the divorce action pending between the parties. 26. TAX CONSEOUENCES: By this agreement, the parties have intended to effectuate and by this agreement have equitably divided their marital property. The parties have determined that such equitable division conforms to a right and just standard with regard to the rights of each party. The division of existing marital property is not, except as may be otherwise expressly provided herein, intended by the parties to constitute in any way a sale or exchange of assets and the division is being effected without the introduction of outside funds of other property not constituting a part of the marital estate. 27. MUTUAL COOPERATION/DUTY TO EFFECTUATE AGREEMENT: Each party shall, at any time and from time to time hereafter, take any and all steps and execute, acknowledge, and deliver to the other party any and all further instruments and/or documents that the other party may reasonably require for the purpose of giving full force and effect to the provisions of this Agreement. 28. RECONCILIATION: The parties shall only effect a legal reconciliation which supersedes this agreement by their signed agreement containing a specific statement that they have reconciled and that this agreement shall be null and void; otherwise, this agreement shall remain in full force and effect. Further, the parties may attempt a reconciliation, which action, if not consummated by the aforesaid agreement, shall not affect in any way the legal effect or this agreement or cause any new marital rights or obligations to accrue. 29. SEVERABILITY: The parties agree that the separate obligations contained in this Agreement shall be deemed to be interdependent. If any term, clause, or provision of this Agreement shall be determined by a court of competent jurisdiction to be invalid or unenforceable, then the parties agree that the Agreement may be reviewed and renegotiated in order to fulfill as closely as possible the purpose of the invalid provision. Notwithstanding any release contained herein, the parties intend that they may reinstate any and all economic claims to the extent available under the Divorce Code of 1980. Further, any court of competent jurisdiction may, under the equitable provisions and purposes of the Divorce Code, reinstate any economic claim which was available at the time of the parties' separation or avoid any waiver herein contained to renegotiate or effectuate as nearly as possible the purpose of the unenforceable provision. 30. NO WAIVER OF DEFAULT: This Agreement shall remain in full force and effect unless and until terminated under and pursuant to the terms of this Agreement. The failure of either party to insist upon strict performance of any of the provisions of this Agreement shall in no way affect the right of such party hereafter to enforce the same, nor shall the waiver of any breach of any provision hereof be construed as a waiver of any subsequent default of the same or similar nature, nor shall it be construed as a waiver of strict performance of any other obligations herein. 31. 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. This Agreement shall survive integration by any court into any judgment for divorce and shall continue to have independent legal significance as written contract separate from such judgment for divorce and may be enforced as an independent contract. 32. EFFECT OF DIVORCE DECREE: The parties agree that unless otherwise specifically provided herein, this Agreement shall continue in full force and effect after such time as a final decree in divorce may be entered with respect to the parties. 33. NOTICES: Any and all notices given hereunder shall be in writing and shall be sent registered mail, return receipt requested: a. To the Husband, in care of Hannah Herman-Snyder, 200 North Hanover Street, Carlisle, Pennsylvania 17013. b. To the Wife, in care of Jennifer L. Spears, Esquire, 10 East High Street, Carlisle, Pennsylvania 17013 34. 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 of any breach hereof or default hereunder shall be deemed a waiver of any subsequent default of the same or similar nature. 35. CAPTIONS: The captions of this Agreement are inserted only as a matter of convenience and for reference and in no way define, limit or describe the scope and intent of this Agreement, nor in any way effect this Agreement. 36. AGREEMENT BINDING ON HEIRS: The Agreement shall be binding and shall inure to the benefit of the parties hereto and their respective heirs, executors, administrators, successors and assigns. 37. LAW OF PENNSYLVANIA APPLICABLE: This Agreement shall be construed in accordance with the laws of the Commonwealth of Pennsylvania. 38. SUBSEQUENTLY DISCOVERED PROPERTY PENALTY FOR NONDISCLOSURE: Should either of the parties subsequently discover the existence of any marital property not distributed by this Agreement, said property shall be divided in the same proportion as this Agreement's equitable distribution of marital property. However, if the existence of said property was knowingly concealed or its value misrepresented by one of the parties, said property shall be transferred in its entirety to the non-concealing party and the concealing party shall pay all costs, fees, and attorney's fees occasioned by the failure to disclose its existence or true value. IN WITNESS WHEREOF, the parties have set their hands and seals to two counterparts of this Agreement, each of which shall constitute an original, the day and year first above written. Witness: } al) Terry. . Angsta t J (Seal) oAnn Angsta COMMONWEALTH OF PENNSYLVANIA ) F? a?.1 .1 1 Q ? SS. COUNTY OF On this, the day of , 2009, before me, a notary public, the undersigned officer, personally appeared Terry L. Angstadt, known to me (or satisfactorily proven) to be the person whose name is subscribed to the within instrument, and acknowledged that he executed the same for the purposes therein contained. In Witness Whereof, I hereunto set my hand and notarial seal. Notai Public Notarial seal Jeanne M. Nemine, Notary Public Boro of Chambersburg, Franklin County My Commission Expires April 18, 2011 COMMONWEALTH OF PENNSYLVANIA ) ) SS. COUNTY OF CUMBERLAND ) On this, the -IR1 k of LL4Q,4-_, 2009, before me, a notary public, the undersigned officer, personally appeared JoAnn Angstadt, known to me (or satisfactorily proven) to be the person whose name is subscribed to the within instrument, and acknowledged that she executed the same for the purposes therein contained. In Witness Whereof, I hereunto set my hand and notarial seal. 1 Notary Public COMMNWEALTH OF PENNSYLVANIA NOTARIAL SEAL Victoria L. Otto, Notary Public Carlisle Borough, Cumberland County M commission expires December 20, 2010 CAU, ;-, ? ? ?t f TERRY L. ANGSTADT, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. : CIVIL ACTION -LAW JOANN ANGSTADT, NO. 2008-2213 CIVIL TERM Defendant IN DIVORCE PRAECIPE TO TRANSMIT RECORD TO THE PROTHONOTARY: Transmit the record, together with the following information to the court for entry of a divorce decree: 1. Ground for divorce: Irretrievable breakdown under §3301(c) 3301(d)(1) efthe Diver-ee code. (Strike out inapplicable section). 2. Date and manner of service of the Complaint: February 2, 2008, as indicated in Acceptance of Service. 3. Complete either paragraph (a) or (b). (a) Date of execution of the Affidavit of Consent required by §3301 (c) of the Divorce Code: by Plaintiff. December 7, 2009 by Defendant: December 2, 2009 (b) (1) Date of execution of the affidavit required by §3301 (d) of the Divorce Code: (2) Date of filing and service of the plaintiffs affidavit upon the respondent: 4. Related claims pending: None 5. Complete either (a) or (b). (a) Date and manner of service of the notice of intention to file Praecipe to Transmit record, a copy of which is attached: (b) Date of plaintiffs Waiver of Notice in §3301 (c) Divorce was filed with the Prothonotary: December 14, 2009 Date defendant's Waiver of Notice in §3301 (c) Divorce was filed with the Prothonotary: December 14, 2009 'AAR _ _ -, otl . Hannah Herman-Snyder, Esquir GRIFFIE & ASSOCIATES Attorney for Plaintiff ALED--4 , r?c ?M= PIrv}T4 V rl:T/ Y 2009 DEC 28 P 2. 4 7 AI yi IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Terry L. Angstadt V. JoAnn Angstadt NO. 2008-2213 DIVORCE DECREE AND NOW, bC44" .v Z4 , "01 , it is ordered and decreed that By the Court, Terry L. Angstadt plaintiff, and JoAnn Angstadt , defendant, are divorced from the bonds of matrimony. Any existing spousal support order shall hereafter be deemed an order for alimony pendente lite if any economic claims remain pending. The court retains jurisdiction of any claims raised by the parties to this action for which a final order has not yet been entered. Those claims are as follows: (if no claims remain indicate "None.") The parties' Separation and Property Settlement Agreement, entered into October 8, 2009, is incorporated herein, but not merged. Aft J. Prot onotary) 11 f- q '4a . ? '/t) t ?or