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HomeMy WebLinkAbout08-2642CATHY NEY, Plaintiff, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA vs. NO. 08- atya Civil l RONALD NEY, CIVIL ACTION - LAW Defendant. IN DIVORCE N O T I C E TO DEFEND AND CLAIM RIGHTS You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take prompt action. You are warned that if you fail to do so, the case may proceed without you and a decree of divorce or annulment may be entered against you by the court. A judgment may also be entered against you for any other claim or relief requested 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 Domestic Relations Office, 13 North Hanover Street, Carlisle, Pennsylvania 17013. IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY, LAWYER'S FEES OR EXPENSES BEFORE A DIVORCE OR ANNULMENT IS GRANTED, YOU MAY LOSE THE RIGHT TO CLAIM ANY OF THEM. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, 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, PA 17013 CATHY NEY, Plaintiff, vs. RONALD NEY, Defendant. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. CIVIL ACTION - LAW IN DIVORCE NOTICE OF AVAILABILITY OF COUNSELING TO THE WITHIN-NAMED DEFENDANT: You have been named as the Defendant in a Complaint in a divorce proceeding filed in the Court of Common Pleas of Cumberland County. This notice is to advise you that in accordance with § 3302(d) of the Divorce Code, you may request the court require you and your spouse to attend marriage counseling prior to a divorce being handed down by the court. A list of professional marriage counselors is available at the Domestic Relations Office, 13 North Hanover Street, Carlisle, Pennsylvania 17013. You are advised that this list is kept as a convenience to you and you are not bound to choose a counselor from this list. All necessary arrangements and the cost of counseling sessions are to be borne by you and your spouse. If you desire to pursue counseling, you must make your request for counseling within twenty days of the date on which you receive this notice. Failure to do so will constitute a waiver of your right to request counseling. KOPE & ASSOCIATES, LLC BY: LESLEY J. BEAM, ESQ. ATTORNEY I.D. 91175 4660 Trindle Road, Suite 201 Camp Hill, PA 17011 (717) 761-7573 (beam@kopelaw.com Attorney for Plaintiff CATHY NEY, IN THE COURT OF COMMON PLEAS Plaintiff, CUMBERLAND COUNTY, PENNSYLVANIA vs. NO. RONALD NEY, CIVIL ACTION - LAW Defendant. IN DIVORCE COMPLAINT IN DIVORCE AND NOW comes the above-named Plaintiff, CATHY NEY, by and through her attorney, LESLEY J. BEAM, ESQ., and makes the following Complaint in Divorce: 1. The Plaintiff is CATHY NEY, an adult individual who currently resides at 401 Kent Drive, Mechanicsburg, Cumberland County, Pennsylvania 17011. All legal papers may be served on the Plaintiff through her counsel at 4660 Trindle Road, Suite 201, Camp Hill, Pennsylvania 17011. 2. The Defendant is RONALD NEY, an adult individual who currently resides at 401 Kent Drive, Mechanicsburg, Cumberland County, Pennsylvania 17011. 3. Both the Plaintiff and Defendant have been bona fide residents of the Commonwealth of Pennsylvania for at least six (6) months immediately previous to the filing of this Complaint. 4. The Plaintiff and Defendant were married on June 9, 2007, in Newville, Cumberland County, Pennsylvania, 5. The Parties separated on March 27, 2008, when Defendant informed Plaintiff of his intention and desire to end the marriage and leave the marital residence. 6. Neither the Plaintiff nor Defendant is in the military service of the United States or its allies within the provisions of the Soldiers' and Sailors' Civil Relief Act of the Congress of 1940 and its amendments. 7. There has been no prior action for divorce or annulment instituted by either of the parties in this or any other jurisdiction. 8. Plaintiff has been advised of the availability of marriage counseling and the right to request that the Court require the parties to participate in counseling. 9. Plaintiff and Defendant are both citizens of the United States. COUNT I REQUEST FOR A NO-FAULT DIVORCE UNDER § 3301(c) OF THE DIVORCE CODE 10. Paragraphs one through nine are hereby incorporated by reference as though fully set forth herein. 11. The marriage of the parties is irretrievably broken. WHEREFORE, if both parties file affidavits consenting to a divorce after (90) ninety days have elapsed from the date of service of this Complaint, Plaintiff respectfully requests that the Court enter a Decree of Divorce pursuant to § 3301(c) of the Divorce Code COUNT II REQUEST FOR A NO-FAULT DIVORCE UNDER § 3301(d) OF THE DIVORCE CODE 12. Paragraphs one through eleven are hereby incorporated by reference as though fully set forth herein. 13. The marriage of the parties is irretrievably broken. 14. The parties are living separate and apart and at the appropriate time Plaintiff will submit an affidavit alleging that the Parties have lived separate and apart for at least two (2) years as specified in § 3301(d) of the Divorce Code. WHEREFORE, Plaintiff respectfully requests that the Court enter a Decree of Divorce pursuant to § 3301(d) of the Divorce Code. COUNT III REQUEST FOR EQUITABLE DISTRIBUTION OF MARITAL PROPERTY UNDER § 3502(a) OF THE DIVORCE CODE 15. Paragraphs one through fourteen are hereby incorporated by reference as though fully set forth herein. 16. Plaintiff and Defendant have acquired marital property as defined by the Divorce Code, which is subject to equitable distribution pursuant to § 3502(a) of the Divorce Code. 17. Plaintiff and Defendant have been unable to agree to the equitable distribution of said property, as of the date of filing of this Complaint. 18. Plaintiff requests that the Court equitably divide, distribute, or assign the marital property between the parties. WHEREFORE, Plaintiff respectfully requests that the Court enter an order of equitable distribution of marital property pursuant to § 3502(a) of the Divorce Code. COUNT IV ALIMONY 19. Paragraphs one through eighteen are hereby incorporated by reference as though fully set forth herein. 20. Plaintiff is unable to adequately support herself through appropriate employment; i.e., Plaintiff does not have the means through her own earning capacity to maintain a reasonable standard of living, nor the standard the parties established during the marriage. 21. Plaintiff lacks sufficient property, including, but not limited to, any property distributed pursuant to the Divorce Code of 1980, as amended, to provide for her reasonable needs. 22. Defendant is employed and enjoys a substantial income from which he is able to contribute to the support and maintenance of the Plaintiff and pay her alimony in accordance with the Divorce Code of Pennsylvania. WHEREFORE, Plaintiff respectfully requests that the Court enter an Order awarding Plaintiff from Defendant alimony in such sums as are reasonable and adequate to support and maintain Plaintiff. COUNT V ALIMONY PENDENTE LITE, COUNSEL FEES AND COSTS 23. Paragraphs one through twenty-two are hereby incorporated by reference as through fully set forth herein. 24. By reason of the institution of the action to the above term and number, Plaintiff will be and has been put to considerable expense in the preparation of her case, in the employment of counsel, and the payment of costs. 25. Defendant's income is disproportionately higher than Plaintiffs income, and Plaintiff is without adequate income to pay the costs and expenses of this litigation, and is, likewise, without adequate income to maintain her during the pendency of the litigation. WHEREFORE, Plaintiff respectfully requests that the Court grant an order upon Defendant compelling Defendant to pay Plaintiff alimony pendente lite, counsel fees and costs of litigation. Respectfully Submitted, KOPE &ASSOCIATES Date: VERIFICATION I, Cathy Nay, the Plaintiff in this matter, have read the foregoing Complaint. I verify that my averments in this Complaint are true and correct and based upon my personal knowledge. I understand that any false statements herein are made subject to the penalties of 18 Pa.C.S. § 4904 relating to unsworn falsifications to authorities. Dated: ?? D SL W 0 r r < < h3 W ^ \- C KOPE & ASSOCIATES, LLC BY: LESLEY J. BEAM, ESQ. ATTORNEY I.D. 91175 4660 Trindle Road, Suite 201 Camp Hill, PA 17011 (717) 761-7573 (beam@kopelaw.com CATHY NEY, Plaintiff, vs. RONALD NEY, Defendant. Attorney for Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 2008-2642 CIVIL ACTION - LAW IN DIVORCE AFFIDAVIT AND RETURN OF SERVICE AND NOW comes Kope & Associates, LLC by LESLEY J. BEAM, attorney for Cathy Ney, Plaintiff, and states that service of the Divorce Complaint in this matter was made by her upon Defendant, Ronald Ney, by posting the same in the U.S. Mail, postage prepaid, at Camp Hill, PA by Certified Mail No. 7004 2510 0007 6450 1806, Return Receipt Requested on April 25, 2008, to his mailing address, at 118 E. Portland Street, Mechanicsburg, PA 17055 which mail was received by Defendant on April 29, 2008, all in accordance with PA.R.C.P. 412 and 403. The mailing receipt and the return receipt or true copies thereof of the acceptance of service bearing the signature of the Defendant are attached hereto and made part hereof, together with the cover letter mailed to Defendant. J./BEAM, Esq. for Plaintiff r 1 ¦ Complete items 1, 2, and 3. Also complete item 4 if Restricted Delivery is desired. ¦ Print your name and address on the reverse so that we can return the card to you. ¦ Attach this card to the hack of the mailpiece, or on the front if space permits. 1. Article Addressed to: ??. POKY???d PA- X Le? ? Agent OAddressee B. R Ned by ( Printed Name) Date of Delivery otv L KEY *-2-9-C)8 D. Is delivery address ditferertt from Rem 1? ? Yes If YES, enter delivery address below: OONo F? 3. Service Type 0 Certified Mail ? Express Mail ? Registered ? Return Receipt for Merchandise ? insured mail O C.O.D. 4. Restricted Delivery? (Extra Fee) Yes 2. Artlde Number (Translferhornservice ( f i ? / V0 I ` 6? 1 l i Q© a-7 6 7 5O I Q PS Form 3$11, February 2o04 Domestic Return Receipt 102595-02-W IMO Postal- CERTIFIED MAIL RECEIP'T C3 ,. • m r For delivery information visit our website at WWW.Usps Corn ° I . USE s r `a Poe" r- Ce tIW Fee C'? ?o C3 ate,` o Z vi - / - C Restricted Delivery Fee / ,? (Endoraertient Required) ul M Total Postage & Fees C3 i a j oarPOBbxAb. 1 tt7 1 n ,. 9 K O P E ASSOCIATES LAW OFFICES LLC Shane B. Kope, Esq. ¦ Jacob M. Jividen, Esq. ¦ Lesley J. Beam, Esq. April 25, 2008 VIA REGULAR AND CERTIFIED MAIL Ronald Ney 118 East Portland Street Mechanicsburg, PA 17055 Re: Ney v. Ney No. 2008-2642 Dear Mr. Ney, I represent Cathy Ney in the above referenced matter for divorce. Enclosed and served upon you is the Divorce Complaint filed with the Cumberland County Court of Common Pleas. I am sending these papers to you directly because I have no information that you are represented by an attorney. I am also enclosing an Acceptance of Service for this Complaint. Please sign and return in the enclosed self-addressed stamped envelope. If you do not either return the Acceptance of Service or sign the receipt for the certified letter, this office will have to officially serve this Complaint by Sheriff at your place of residence. If you have any questions, please feel free to contact me. But, please be aware that I cannot give you legal advice because I represent Ms. Ney. Thank you for your kind attention to this matter. Sincerely, KOPE & ASSOCIATES, LLC C Lesley J. Beam, Esq. Enclosure Cc: Cathy Ney Smart Representation 466o Trindle Road ¦ Suite 201 ¦ Camp Hill, PA 17011 P 717.761.7573 ¦ F 717.761.7572 ¦ kopelaw.com C'? roe C_ G_ra CZ) 7 -rj ;77 KOPE & ASSOCIATES, LLC BY: LESLEY J. BEAM, ESQ. ATTORNEY I.D. 91175 4660 Trindle Road, Suite 201 Camp Hill, PA 17011 (717) 761-7573 Ibearn0kopelaw.com Attorney for Plaintiff CATHY NEY, IN THE COURT OF COMMON PLEAS Plaintiff, CUMBERLAND COUNTY, PENNSYLVANIA VS. NO. 2008-2642 RONALD NEY, CIVIL ACTION - LAW Defendant. IN DIVORCE AFFIDAVIT OF CONSENT 1. A complaint in divorce under § 3301(c) of the Divorce Code was filed on April 23, 2008. 2. The complaint was served by certified mail signed for by Defendant Ronald Ney on April 29, 2008. 3. The marriage of plaintiff and defendant is irretrievably broken and at least ninety (90) days have elapsed from the date of filing and service of the complaint. 4. 1 consent to the entry of a final decree of divorce after service of notice of intention to request entry of the decree. I verify that the 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: -7 'Z-3 '4!z ,? c. rn KOPE S ASSOCIATES, LLC BY: LESLEY J. BEAM, ESQ. ATTORNEY I.D. 91175 4660 Trindle Road, Suite 201 Camp Hill, PA 17011 (717) 761-7573 lbeam0kouelaw.com CATHY NEY, Plaintiff, vs. RONALD NEY, Defendant. Attorney for Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA NO. 2008-2642 CIVIL ACTION - LAW IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER § 3301(c) OF THE DIVORCE CODE 1. 1 consent to the entry of a final decree in divorce without notice. 2. 1 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. 1 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 subjec the penalties of 18 Pa.C.S. § 4904 relating to unswom falsification to authorities. Date: 1 ,? . l?f V w W_ r (JI CATHY NEY, PLAINTIFF V. RONALD NEY, DEFENDANT IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 2008 - 2642 CIVIL TERM IN DIVORCE AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed on April 23, 2008. 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety (90) days have elapsed from the date of the 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 acknowledge that pursuant to Rule 1920.42(e) I have waived the requirement that I receive 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 subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. DATED: 7- e- :7Z) RONALD NEY t") ?.., t`? ?? T3 .:, ? ?."`" '"""''7 ? _ ', I ..I? . ` ' w ? ? ? ; ?9 ?_ .. j a"\'? ?? - ? f_ ? CATHY NEY, V. RONALD NEY, IN THE COURT OF COMMON PLEAS PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2008-2642 CIVIL TERM IN DIVORCE DEFENDANT WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER SECTION 3301(c) OF THE DIVORCE CODE 1. I consent to the entry of a final decree 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 subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. DATED: 7- zo ?U? :77 ,ZJ cr, KOPE & ASSOCIATES, LLC BY: LESLEY J. BEAM, ESQ. ATTORNEY I.D. 91175 4660 Trindle Road, Suite 201 Camp Hill, PA 17011 (717) 761-7573 Ibeama-kopelaw.com CATHY NEY, Plaintiff, vs. RONALD NEY, Defendant. Attorney for Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA NO. 2008-2642 CIVIL ACTION - LAW IN DIVORCE MARITAL SEPARATION AGREEMENT 1. INTRODUCTORY PROVISION This Agreement is made by and between Cathy Ney of Cumberland County, Pennsylvania ('Wife") and Ronald Ney of Cumberland County, Pennsylvania ("Husband"). 2. WHEREAS CLAUSES WHEREAS, the parties hereto are Husband and Wife, having been married on June 9, 2007, in Newville, Cumbertand County, Pennsylvania; WHEREAS, certain differences exist between the parties and they have decided to permanently live separate and apart from each other and they intend by this Agreement to fully and finally settle all of their respective rights and obligations as between each other, including, but not necessarily limited to the settling of all interests, rights and/or obligations between them or their estates, whether arising out of their marriage, 1 of 33 including, but not limited to: a) the past, present and future support, alimony pendente lite, alimony or maintenance of either party by the other party; and (b) the ownership of all assets of whatever nature, including assets acquired by either party prior to or subsequent to the date of execution of this Agreement; 3. CONSIDERATION NOW, THEREFORE, in consideration of the premises and of the mutual promises, covenants and undertakings set forth in this Agreement and for other good and valuable consideration, the receipt and adequacy of which is hereby acknowledged by each of the parties hereto, Husband and Wife, intending to be legally bound hereby, covenant and agree as follows: SECTION I GENERAL PROVISIONS 4. INCORPORATION OF PREAMBLE The recitals set forth in the Preamble of this Agreement are incorporated herein and made a part hereof as if fully set forth in the body of the Agreement. 5. DEFINITIONS 5.01. Divorce Code. The phrase "Divorce Code" shall be defined as Pennsylvania C.S.A.. Title 23, Section 101 et seq. (effective March 19, 1991). 5.02. Date of Execution of This Agreement. The phrase "date of execution", "execution date" or "date of this Agreement" shall be defined as the date that the last party signs this Agreement. 2 of 33 5.03. Date of Distribution. Except where indicated otherwise, the phrase "date of distribution" of this Agreement shall be defined as the earlier of the date of. (1) death of one of the parties; or (2) the thirty-first day subsequent to the date on which an initial divorce decree is entered without an appeal having been taken, or, if such an appeal has been taken, on the date of receipt of notice of final confirmation of the initial divorce decree by the appellate courts. If the distribution date falls on a date when the court which entered the decree in divorce or to which appeal was taken is closed for official business, then the distribution date shall be the next day on which that court is open for official business. 5.04. Internal Revenue Code. The phrase "Internal Revenue Code" or "I.R.C." shall be defined as the Internal Revenue Code of 1986, as amended, or any successor statute thereto. References to sections of the Internal Revenue Code shall refer to sections of the Internal Revenue Code as of the date of execution of this Agreement. 5.05. Asset. The word "Asset" shall be defined as anything of value, including, but not limited to, real and/or personal, tangible and/or intangible property and all financial interests however held. 5.06. Effective Date of Agreement. This Agreement shall become effective and binding upon both parties on the execution date of this Agreement. 6. DIVORCE DECREE 6.01. The parties acknowledge that their marriage is irretrievably broken and that they will secure a mutual consent, no-fault Divorce Decree in the above captioned divorce action. Wife has filed a divorce action in the Court of Common Pleas of Cumberland County, Pennsylvania, Civil Term, 2008, No. 2008-2642, seeking a divorce decree pursuant to, among other provisions, Section 3301(c) of the Domestic Relations Code. The parties shall promptly file the affidavits and waivers required to obtain a divorce pursuant to § 3301(c) of the Domestic Relation Code. As defined in the 3 of 33 Domestic Relations Code, the parties' marriage is irretrievably broken and they do not desire marital counseling. The parties shall also take all legal steps (including, but not limited to, the timely and prompt submission of all documents and the execution of appropriate waivers of the right to file exceptions and of the right to file an appeal) necessary to ensure that a divorce pursuant to § 3301(c) of the Domestic Relations Code is entered as soon as possible/within three (3) months, but in any event not later than six (6) months from the date of execution of this Agreement. 6.02. Responsibility for Proceeding With Divorce. Wife shall be responsible for the prompt filing of the Praecipe to Transmit the Record and the related required documents. Should Husband want a certified copy of the final divorce decree, Husband shall pay the required fee to secure that document. 6.03. Withdrawal of Other Actions. The parties further shall take all legal steps necessary to ensure that all pending petitions and actions between the parties (including, but not limited to counterclaims or petitions for economic relief), except for the divorce action referred to in Paragraph 6.01 (to the extent necessary to obtain the divorce), are dismissed with prejudice as soon as possible and that no similar actions are instituted, except to the extent necessary to enforce the terms of this Agreement. 6.04. Penalty for Delay. Notwithstanding the foregoing, if, after the execution of this Agreement, either party unreasonably delays or contests the obtaining of a final, unappealed divorce decree, that party shall exonerate and indemnify the other party against and hold the other party harmless from any liability and/or expense, including reasonable counsel fees, incurred as a result of such delay or contest in obtaining the decree. 4 of 33 7. EFFECT OF NO DIVORCE Except as otherwise provided for in this Agreement, this Agreement shall remain in full force and effect even if no final decree in divorce is entered. 8. EFFECT OF DIVORCE DECREE, INCORPORATION AND MERGER This Agreement shall continue in full force and effect after a final decree in divorce is entered in any jurisdiction, it shall survive and not merge into any such divorce, and its provisions shall not be affected by the entry of such a decree, surviving any such decree and remaining independent of any such decree. The terms of this Agreement shall be incorporated for enforcement purposes only, but not merged into the divorce decree. The Court entering the decree shall have all of the powers of enforcement, which, at the discretion of the non-breaching party, shall include, but not necessarily be limited to, all of the following: for breach of contract, under theories of equity, and under the Divorce Code, including under § 3105 (which includes contempt). The provisions of this Agreement shall not be modifiable for any reason. 9. ADVICE OF COUNSEL Wife has been represented by Lesley J. Beam, Esquire of Kope & Associates, LLC. Husband has chosen not to retain legal counsel and Husband has chosen instead to negotiate directly with Wife and Wife's counsel, notwithstanding the fact that counsel for Wife has advised him that he has an absolute right to be represented by counsel. Husband hereby acknowledges that she has done so willingly. Each party represents that he or she understands that, in the absence of this Agreement and as a matter of law: (1) as a surviving spouse, he or she might be entitled to a greater share in the decedent's estate than is provided for in this Agreement; and (2) as a separated and/or divorced spouse, he or she might be entitled to greater support, maintenance, alimony pendente lite, counsel fees, costs, alimony, distribution of property, or other financial 5 of 33 benefits arising from the marital relationship than is provided for in this Agreement. Notwithstanding the foregoing, the parties shall be bound by the terms of this Agreement. Each of the parties further acknowledges and agrees that, with such knowledge, and after having read this Agreement carefully and fully, this Agreement is fair, reasonable and equitable, that it is being entered into freely, voluntarily, and in good faith, and that its execution is not the result of any duress, undue influence, coercion, collusion and/or improper or illegal agreement. 10. FINANCIAL DISCLOSURE The parties confirm that each has relied on the substantial accuracy of the financial disclosure of the other as an inducement to the execution of this Agreement, and each party acknowledges that there has been disclosure of the parties' marital assets and debts and the parties' respective incomes. The parties agree to waive any further disclosure and proceed with a settlement of all financial assets and/or debts. 11. DISCLOSURE AND WAIVER OF PROCEDURAL RIGHTS Each party understands that he or she has the right: (1) to obtain from the other party a complete inventory or list of all of the property that either or both parties own at this time or owned as of the date of separation; (2) to have all such property valued by means of appraisals or otherwise; (3) to compulsory discovery to assist in the discovery and verification of facts relevant to their respective rights and obligations, including the right to question the other party under oath; and (4) to have a Court hold hearings and make decisions on the matters covered by this Agreement, which Court decision concerning the parties' respective rights and obligations might be different from the provisions of this Agreement. Given said understanding and acknowledgment, both parties hereby waive the foregoing procedural rights. 6 of 33 12. BANKRUPTCY The parties hereby agree that the provisions of this Agreement shall not be dischargeable in bankruptcy and expressly agree to reaffirm any and all obligations contained herein. In the event a party files such bankruptcy and pursuant thereto obtains a discharge of any obligations assumed hereunder, the other party shall have the right to declare this Agreement to be null and void and to terminate this Agreement in which event the division of the parties' marital assets and all other rights determined by this Agreement shall be subject to Court determination the same as if this Agreement had never been executed by the parties. 13. MUTUAL RELEASES Except as otherwise expressly provided in this Agreement, Wife and Husband each do hereby mutually remise, release, quitclaim and forever discharge the other and the estate of such other, for all time to come, and for all purposes whatsoever, of and from the following: A. Claims Against Property or Estate: Any and all right, title, interest and/or claims in or against the other party, 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 situated, which he or she now has or at any time hereafter may have against such other party, the estate of such other party or the property of the other party or any part thereof, whether arising out of any former acts, contracts, engagements or liabilities of such other. B. Life Time Conveyances: 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 (i) the Commonwealth of Pennsylvania, (ii) State, Commonwealth or Territory 7 of 33 of the United States, or (iii) any other country; C. Marital Rights: Any rights which either party may have or at any time hereafter have for past, present or future support or maintenance, alimony, alimony pendente lite, counsel fees, equitable distribution, costs or expenses, whether arising as a result of the marital relation or otherwise. D. Breach Exception: The foregoing shall not apply to all rights and agreements and obligations of whatsoever nature arising or which may arise under this Agreement or for the breach of any provision thereof. It is the intention of Husband and Wife to give to each other by the execution of this Agreement a full, complete and general release with respect to any and all property of any kind or nature, real, personal or mixed, which the other now owns or may hereafter acquire, except and only except, all rights and agreements and obligations of whatsoever nature arising or which may arise under this Agreement or for the breach of any provisions thereof. 14. WAIVER OR MODIFICATION 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. 15. MUTUAL COOPERATION Each party shall, at any time, and from time to time hereafter, and within five (5) business days of request, 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. 8 of 33 16. AGREEMENT BINDING ON HEIRS This Agreement shall be binding and shall inure to the benefit of the parties hereto and their respective heirs, executors, administrators, successors and assigns. 17. 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. 18. BREACH If for any reason either Husband or Wife fails to perform his or her obligations owed to or for the benefit of the other party and/or otherwise breaches the terms of this Agreement, then the other party shall have the following rights and remedies: A. Divorce Code Remedies: The right to all remedies set forth in the Pennsylvania Divorce Code, 23 Pa.C.S. § 3502(e), and any additional rights and remedies that may hereafter be enacted by virtue of the amendment of said statute or replacement thereof by any other similar laws. B. Damages: The right to damages arising out of breach of the terms of this Agreement, which damages shall include reimbursement of all reasonable attorney's fees and costs incurred as the result of the breach and in bringing the damage action. C. Other Remedies: Any other remedies provided for in law or in equity. D. Consideration for Reasonable Attorneys Fees: Any award of "reasonable attorney's fees" as used in this paragraph shall be based on 9 of 33 consideration of (1) the hourly rate charged; (2) the services rendered; and (3) the necessity of the services rendered. Determination of reasonableness shall not take into consideration the amount or nature of the obligation sought to be enforced or any possibility of settlement for less than the obligation sought to be enforced by the non-breaching party. E. Breach Notice: In the event of an alleged breach of any term of this Agreement, the aggrieved party shall provide written notice to the breaching party and his or her counsel of his or her intent to take action to enforce his or her rights under the Agreement and to remedy such breach. The breaching party shall have a period of fifteen (15) days from the mailing of such notice to cure the alleged breach prior to the institution of any proceedings of any nature for enforcement of this Agreement. 19. INCOME TAX MATTERS With respect to income tax matters regarding the parties the following shall apply: A. Prior Returns: The parties have heretofore filed joint federal and state returns. Both parties agree that in the event any deficiency in federal, state or local income tax is proposed, or any assessment of any such tax is made against either of them arising out of such joint filing, each will be responsible for payment of half of such tax and any interest, penalty or other expense arising therefrom and shall indemnify and hold harmless the other from and against any loss or liability as a result thereof. In the event that any refund is received after the execution of this Agreement, from any joint filing from a previous year, the parties hereby agree that the refund monies received shall be split equally between the two parties. B. Current Returns: The parties shall file individual tax returns for the current tax year and for every tax year hereafter. 10 of 33 C. Preservation of Records: Each party will keep and preserve for a period of five (5) years from the date of their divorce all financial records relating to the marital estate, and each party will allow the other party access to those records as may be reasonably necessary from time to time. 20. EFFECT OF RECONCILIATION This Agreement shall remain in full force and effect even if the parties reconcile, cohabit as Husband and Wife or otherwise, or attempt a 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. SECTION II EQUITABLE DISTRIBUTION OF PROPERTY 21. FINAL EQUITABLE DISTRIBUTION OF PROPERTY The parties agree that the division of all property and debts set forth in this Agreement is equitable and in the event an action in divorce has been or is hereafter commenced, both parties waive and relinquish the right to divide and distribute their assets and debts in any manner not consistent with the terms set forth herein and further waive and relinquish the right to have the Court equitably divide and distribute their marital assets and debts. It is further the intent, understanding and agreement of the parties that this Agreement is a full, final, complete and equitable property division. 11 of 33 22. DISTRIBUTION OF PROPERTY AND DEBTS The parties' assets and debts shall be divided and distributed as follows: A. Marital Premises: The parties hereto jointly own real estate, specifically a house and lot known and numbered as 401 Kent Drive, Mechanicsburg, Pennsylvania 17050 (hereinafter the "premises", the "residence" or the "marital residence"). As regards their joint interest therein the parties agree as follows: (1) After August 31, 2008, Husband shall have the rights of sole possession of the marital residence. Wife shall be permitted to remain in the marital residence until August 31, 2008. (2) There is presently outstanding against the marital residence a mortgage with Chase in the names of both Husband and Wife ("mortgage"). Said mortgage has a balance at the time of execution of this Agreement of approximately one hundred and sixty-seven thousand, three hundred and ninety-eight dollars and twenty three cents ($167,398.23). Commencing on the date of execution of this Agreement, Husband shall be solely responsible for the timely payment of all past, present, and future principal, interest and other fees due under the mortgage. In the event that Husband fails to pay the mortgage in full as required under this Paragraph, or that Wife incurs any cost, expense or liability in connection with the mortgage due to any action or inaction of Husband, Wife shall have the option, in addition to any other rights or remedies provided by this Agreement, or by law, to receive an order of alimony from the court to reimburse her for the payments and/or or other costs she was forced to incur as a result of Husband's nonpayment, as well as for reasonable attorney's fees incurred in litigating this issue. 12 of 33 (3) Husband shall be required to refinance the mortgage to the marital premises within thirty (30) days of the date of execution of this Agreement. Should Husband be unable to refinance the mortgage to the premises under his name alone or with a third party (so that Wife is no longer liable for said debt), Husband and Wife agree that the premises may be immediately listed for sale, per the conditions of Paragraph 22.A2. Per this Agreement, Wife hereby agrees to execute all paperwork required to release her from her obligation on the mortgage, and to release her interest deed, by the date of Husband's refinance, on July 24, 2008. This date requirement does rely upon Husband making those forms available to Wife by said date for her execution. (4) At such time as Husband refinances the mortgage to the premises under this Paragraph, Husband and Wife shall transfer title of the premises to Husband alone. Wife and Husband hereby agree to execute all required forms to effectuate this subparagraph. (5) Husband may not incur any additional lien on the premises in the form of an additional mortgage or line of credit, until such time as the existing mortgage to the premises has been refinanced out of Wife's name, and the title to the premises has been transferred from Husband and Wife to Husband alone. (6) It shall be Husband's estate's obligation to satisfy promptly the mortgage, in the event that Husband should die prior to the refinancing, and there should remain any outstanding balance on the mortgage. Husband shall maintain life insurance in the amount of the mortgage payable to the mortgagee to accomplish this goal. Husband's duty under 13 of 33 this Paragraph shall cease upon the completion of Husband's refinancing of the mortgage. (7) From the time of execution of this Agreement until such time as Wife vacates the marital residence, which shall be no later than August 31, 2008, Wife shall be responsible for all utilities and household expenses, not including taxes, homeowner's insurance or the cost of repairs. Commencing with the execution of this Agreement, and without regard to when bills for such items are incurred, received or due, Husband shall be solely responsible for all costs or liabilities not considered utility expenses and/or ordinary household expenses, including but not limited to real estate taxes, repairs, and homeowner's insurance. Upon such time as Wife vacates the residence, Husband shall be solely responsible for all costs and liabilities associated with or attributable to maintaining the marital residence, including, but not limited to, all real estate taxes, water and sewer rents, gas, electric and telephone service, homeowner's insurance, and gardening expenses and repairs. Husband shall keep Wife and her successors, assigns, heirs, executors, and administrators indemnified and held harmless from any liability, cost or expenses, including attorneys' fees, which are incurred in connection with such maintenance, cost, and expenses or resulting from Husband's ownership interest in the marital residence. (8) Major Repairs: Commencing on the execution date of this Agreement, and without regard to when the bills for such items are incurred, received or due, Husband shall be solely responsible for the cost of repairs that do not constitute routine maintenance, including, but not necessarily limited to, the replacement of principal appliances such as the furnace or plumbing and replacement of the roof, as well as all 14 of 33 maintenance tasks, regardless of cost. For purposes of this subparagraph, any cost or expense which would be required to be capitalized under Section 263 or 263A of the Internal Revenue Code if incurred in a trade or business shall not be considered to be "routine maintenance." (9) Husband shall indemnify and hold Wife harmless from any liability, cost or expense, including attorney's fees, incurred subsequent to the execution date of this Agreement in connection with any expense required to be made by Husband including, but not necessarily limited to, the mortgage, property taxes, and insurance with respect to the aforesaid premises, and in the event that Husband should die and, at that time, there should remain any outstanding balance on the mortgage, it shall be Husband's estate obligation to promptly satisfy the mortgage. (10) Transfer Tax. Husband shall be responsible for the payment of any transfer taxes relating to the transfer of the premises from Wife. That withstanding, it is the understanding of the parties that transfer of the premises from both parties to Husband only is exempt from payment of transfer tax under current tax law. (11) Vacating Residence. Husband and Wife agree that Wife shall vacate the residence no later than August 31, 2008, and that Wife has taken and will take no action detrimental to the premises or Husband's interest in the premises. (12) Payment. Husband shall promptly provide to Wife a copy of all of the notices received from the creditors and satisfactory proof of payment of the mortgage, real estate taxes and homeowner's insurance for the premises prior to their due dates for so long as Wife's name remains on 15 of 33 the mortgage. In the event that Husband does not do so, Wife shall be entitled to make any such payments due and Husband shall immediately reimburse Wife. In the event that Wife should incur any liability or expense in connection with the mortgage due to any action or inaction of Husband, Wife shall have the options for recourse as delineated above. A2. Marital Premises In the event that Husband cannot refinance the mortgage to remove Wife from this account within ninety (90) days from the date of execution of this Agreement, the parties agree that the aforementioned premises shall be listed for sale immediately, under the following conditions: (1) The said premises shall be listed for sale at a price acceptable to both parties, provided that in the event they are unable to agree upon a price, then the price shall be fixed by a licensed real estate broker selected by both parties. In the event that the parties are unable to select a real estate broker, they each shall select a broker who, in turn, shall select a third broker who shall determine the price. The broker shall also advise the parties whether the listing price shall be lowered in the event the premises are not sold within a reasonable period of time. The parties shall cooperate and agree to lower the listing price until the price has been lowered by 30% of the original listing price. Thereafter, the price shall not be lowered unless by agreement of the parties or order of court. Neither party shall take any action which shall prevent the sale of the premises. (2) Upon the sale of the premises, the net proceeds, after deduction of all expenses, fees and taxes (including closing costs and realtor fees) in connection with the sale, and after satisfaction of the lien of the existing mortgage, shall be divided between the parties equally. 16 of 33 (3) In the event that the premises need improvements, whether capital or not, while the sale is pending, Husband shall be solely responsible for the cost of said improvements. (4) Until the premises are sold, Husband agrees to pay and be solely responsible for all taxes and assessments imposed by any township, county, or other taxing authority connected to said premises, which shall be due or become due. Husband shall pay these taxes or assessments when due. Husband shall be further responsible, until the premises are sold, for all mortgage payments, insurance, utilities, heating expenses, maintenance expenses and any other expenses with respect to the premises. (5) Husband further agrees that he will be solely responsible for the net capital gains tax attributable to said sale. The parties shall cooperate and provide each other with all necessary documents in order to establish the effective tax basis for the premises. If Husband fails to pay the capital gains tax, and Wife is assessed any portion of said tax, Husband shall indemnify Wife with respect to the capital gains tax payment, including any necessary attorney's fees in order to collect this. (6) Conveyance: The parties agree that at the time of sale of the premises as contemplated above, Husband and Wife shall convey all of their right title and interest in the premises to the buyer of the premises (hereinafter "Buyer) without delay. The real estate agent, or other party as Husband and Wife agree, shall prepare and execute and deliver all documents in the usual form conveying, transferring and granting to Buyer all of Husband and Wife's right, title and interest in and to the residence for consideration as discussed previously. 17 of 33 (7) Liens, Encumbrances and Expenses: The said conveyance shall remain subject to all existing liens and encumbrances, covenants and restrictions of record including, but not limited to, the lien of the mortgage, real estate taxes and any other municipal liens. Husband and Wife agree that upon the sale of the premises, all of the above shall be satisfied before division of the proceeds, and shall thereafter seek to remain a lien or encumbrance against either party. (8) Responsibility for Expenses--Generally. Husband represents that he will be solely responsible for all outstanding bills for the premises due prior to the date of execution of this Agreement, including, but not limited to, all real estate taxes, water and sewer rents, gas, electric, oil and telephone service, homeowner's insurance, and maintenance, repairs and improvements. B. Personal Property: The parties' tangible personal property including, but without limitation with specific reference to, jewelry, clothes, furniture, furnishings, rugs, carpets, household equipment and appliances, tools, pictures, books, works of art and other personal property ("the Personal Property") shall be divided and distributed as follows: (1 } To Wife: a. All of Wife's personal effects, including, but not limited to, personal records, clothing, jewelry, toiletries, etc. b. A portion of the remaining personal property held at the residence, per the agreement of the parties. (2) To Husband: 18 of 33 a. All of Husband's personal effects, including, but not limited to, personal records, clothing, jewelry, toiletries, etc. b. A portion of the remaining personal property held at the residence, per the agreement of the parties. C. Vehicle(s)and Vehicle Loan(s): The parties' vehicles, boats, snowmobiles, motorcycles, trailers, campers and the like owned by one or both of the parties, or the trade in value thereof if the vehicles have been sold or traded in prior to the date of this Agreement, and loans associated therewith, shall be divided and distributed as follows: (1) To Wife: A 2005 Ford Focus. (2) To Husband: A 2005 Ford Escape. (3) The parties are responsible for securing their own automobile insurance on the vehicles assigned to each, respectively, under this document as of the date of execution of this Agreement. The parties agree that each party will solely and fully responsible for any uncovered expenses, costs and/or liability arising from any and all incidents and/or accidents involving their respective vehicles. (4) The parties agreed that any loans owed on these respective vehicles are currently in the name only of the person receiving possession of said vehicle under this Agreement. Each person will be solely responsible for the payment of the remaining loan on his or her vehicle. D. Title Transfer: The vehicles owned by the parties respectively shall be owned in full by whatever party with whom custody of the vehicle will lie in accordance with this Agreement. If any vehicle awarded under Paragraph C 19 of 33 above should be titled in the names of both parties, the parties shall take all steps practicable to transfer title of the vehicle into the name of the party with whom custody of the vehicle will lay in accordance with this Agreement. Said title transfer of any vehicle under this section must be made in accordance with the law within ninety (90) days of the signing of this Agreement. All costs of the title transfer will be the responsibility of the person receiving title. The parties hereby agree that the vehicles assigned within this Agreement are titled only in the name of the person receiving custody and ownership under this Agreement, and, as such, no title transfer is necessary. E. Monetary Distributions/Bank Accounts: All funds in joint and separate accounts, including but not limited to savings, checking, and money market accounts, should be divided and distributed as follows: (1) To Wife: Any funds in Wife's separate accounts. (2) To Husband: Any funds in Husband's separate accounts. (3) The parties agree that any joint accounts open as of the date of execution of this Agreement shall be closed no later than the date of execution of this Agreement. In the event that any joint accounts remain open at the time of execution of this Agreement, the funds in these accounts shall be divided evenly between the parties. The parties agree that any outstanding checks written on this account shall be paid from the account prior to distribution of the contents. (4) Husband shall be responsible, beyond the payment of the mortgage and costs for the residence as identified in Paragraph 22A, for the payment of his life insurance policy for all times forward. Husband shall also be responsible for the payment of the cell phone plan for all of 20 of 33 the children, until July of 2008. In July of 2008, Wife shall be responsible for securing a cell phone plan for her own children, and shall be responsible for the payment of all of the costs of such. F. Investments: The parties' shares of stock, brokerage accounts and other investments (the "Investments") shall be divided and distributed as follows: (1) To Wife: Any and all shares, accounts, and/or investments currently held in Wife's name alone. (2) To Husband: Any and all shares, accounts, and/or investments currently in Husband's name alone. (3) The parties assert that there are no joint shares, accounts, and/or investments held in the names of both parties. In the event that there is any joint share, account and/or investment existing at the time of execution of this Agreement, the parties hereby agree that the share shall be sold and the proceeds divided equally, and/or the account shall closed immediately and all monies split equally. G. Life Insurance: The parties' life insurance policies and the cash value of said policies shall remain in the possession of the party under whose name the policy is held. Neither party is entitled to the value or a portion of the value of the life insurance policy of his/her current spouse. H. Debts: The parties' marital debts, loans, credit cards and other obligations, not otherwise divided and distributed herein, shall be divided and distributed as follows: (1) To Wife: Wife shall be solely liable for any and all debts held in 21 of 33 Wife's name only. (2) To Husband: Husband shall be solely liable for any and all debts held in Husband's name only. Husband shall be responsible further for all mortgage debt, as delineated above. Said debt shall be financed into Husband's name only. (3) Except for the mortgage (which is addressed above), the parties hereby assert that all joint debts have been paid in full as of the date of execution of this Agreement, and neither party has incurred any debt in the name of the other. In the event that one party has incurred debt in the name of the other party, the party which incurred the debt shall immediately pay said debt in full, to be paid no later than seven (7) days from the date of execution of this Agreement. 1. Business Interests: (1) Husband hereby waives any right, title and/or interest that he may have in Wife's business, Salon on Main, in Mechanicsburg, Pennsylvania. (2) In the event that it should be necessary to do so, in order to effectuate Wife's sole interest in said business, Husband hereby acknowledges that he will sign any necessary documents in order to transfer any legal interest that he may have in the aforesaid business entities, including, but not limited to, stock certificates, shareholder agreements, powers of attorney and/or tax returns. (3) From the date of execution of this Agreement, Wife shall retain all right, title and/or interest in and to the aforesaid business entities as her sole and exclusive property. 22 of 33 (4) In the event that Husband fails to sign any necessary document within seven (7) days of any written notice and/or request to do so, Wife may apply to a court of competent jurisdiction, which shall be empowered to sign any such document necessary to transfer title to Wife, and, further, Husband shall be responsible and pay unto Wife any expenses including attorneys' fees and costs incurred as a result of Husband's failure to sign the necessary documents and the necessity of legal proceedings. (5) Husband hereby acknowledges that he has the right and the option to request a valuation of said entities from Wife, and Wife has offered to make one available to him upon demand. Notwithstanding, and in consideration of both parties' desire to see this matter concluded in an expedited manner and the other provisions of distribution accounted for in this Agreement, Husband hereby waives any right to receive or review any valuation of the business interests discussed in this section. J. Retirement Plans: The parties' Pension Plan, Retirement Plan, IRA Account, Profit Sharing Plan, 401(K) Plan, Keogh Plan, Stock Plan, Deferred Savings Plan, any employee benefit plan and/or any other retirement type plans (the "Retirement Plans") shall be divided and distributed as follows: (1) To Wife: a. Any and all plans currently held under her name; and b. Wife shall also receive $19,000 from Husband's State Farm Mutual Fund Account #70914338 as delineated immediately below in Paragraph 22K. 23 of 33 (2) To Husband: a. The remainder of funds in Husband's State Farm Mutual Fund Account referenced below. K. Cash Disbursement from Husband's State Farm Account: It is the parties' intent that Husband shall make the following payment to Wife, to be construed as equitable distribution, in accordance with the following stipulations, restrictions and or guidelines: (1) Husband currently maintains a traditional IRA account at State Farm Mutual Funds, account #70914338, fund #0000193. The fund name is State Farm LifePath 2030 Fund. (2) Pursuant to this Marital Settlement Agreement (a property settlement agreement), Wife shall immediately receive the sum of nineteen thousand and zero cents ($19,000.00) from Husband's account. Said funds will be distributed to Wife directly in one lump sum distribution. The check shall be made payable directly to Cathy Ney. (3) Per policy of State Farm VP Management Corp., a QDRO is not accepted to effectuate a distribution. As such, a separate Domestic Relations Order has not been prepared. In the event that a Domestic Relations Order becomes necessary, for any reason, to effectuate the transfer, the parties hereby agree to execute a Domestic Relations Order. (4) It is understood by Wife that State Farm will release this distribution no later than two (2) weeks of receipt of this MSA. It is further understood that both Husband and Wife must forward independent letters of direction to State Farm to effectuate the distribution, and that Wife will submit both a Distribution Request Form and a W-9 to State Farm. Husband will ensure that Wife has been provided with a Distribution Request Form 24 of 33 within thirty-six (36) hours of execution of this Agreement, and that Husband will submit his letter of direction to State Farm within thirty-six (36) hours of execution of this Agreement. Both parties hereby agree to submit all required paperwork to State Farm, so that Wife shall receive her disbursement within this time frame. It is understood by the parties that Wife has a scheduled closing on the purchase of a new home, and that said disbursement is essential to Wife's closing. (5) Husband, as participant and/or member of this retirement account, shall be awarded the remainder of the retirement account, together with all interest and dividends earned thereon. SECTION III COUNSEL FEES, SPOUSAL SUPPORT, APL, AND ALIMONY 23. COUNSEL FEES: Each party hereby agrees to be solely responsible for his or her own counsel fees, costs and expenses. Neither shall seek any contribution thereto from the other party except as otherwise expressly provided herein. 24. ALIMONY, APL, AND SUPPORT: The parties acknowledge that by this Agreement they have respectively secured and maintained a substantial and adequate fund with which to provide for themselves sufficient financial resources for their comfort, maintenance and support. The parties acknowledge that the cost of living may increase or decrease, that their respective estates may increase or decrease in value, that either may be employed or 25 of 33 unemployed at various times in the future, and that notwithstanding these or other economic circumstances, which may be changes in circumstances of a substantial and continuing nature, the terms of this Agreement are just and reasonable. Therefore the parties hereby expressly waive, discharge, give up and release any and all rights and claims which they may now or hereafter have by reason of the parties' marriage, separation or divorce to alimony, alimony pendente lite, support or maintenance, and they further release any rights they may have to seek modification of the terms of this Agreement in a Court of law or equity, it being understood that the foregoing constitutes a final determination for all time of either party's obligation to contribute to the support and maintenance of the other. From the execution date of this Agreement it shall be the sole responsibility of each party to sustain himself or herself without seeking any support from the other. 25. HEALTH INSURANCE FOR WIFE AND HUSBAND: Husband currently provides health insurance coverage for Wife. Husband agrees that he will maintain Wife on his health insurance plan until the entry of the divorce decree in this matter, and pay for the costs of maintaining Wife on said plan. Wife agrees that upon the entry of a divorce decree, she will pay for and secure health insurance coverage for herself from an alternate provider. In the event that she is unable to do so immediately, Wife may elect to continue her coverage for up to three years under COBRA through Husband's insurance provider; should she choose to do so, Wife shall be responsible for the payment of the premiums for her coverage. In the event that Wife elects to continue her coverage through Husband's provider under COBRA, Husband shall cooperate and execute any and all documentation required to facilitate this election. The parties hereby agree that as of the date of the divorce decree, and for all times forward, no party shall be responsible for the costs of health care coverage of the other. 26 of 33 26. MISCELLANEOUS DISTRIBUTION PROVISIONS: The following miscellaneous provision shall apply to the distribution of the parties' marital assets and debts: A. Final Equitable Distribution of Property: The division and distribution of all property and debts set forth in this Agreement is equitable and in the event an action in divorce has been or is hereafter commenced, both parties waive and relinquish the right to divide and distribute their assets and debts in any manner not consistent with the terms set forth herein and further waive and relinquish the right to have the Court equitably divide and distribute their marital assets and debts. It is further the intent, understanding and agreement of the parties that this Agreement is a full, final, complete and equitable property division. B. As Is Condition: Except as otherwise specifically herein provided, and with respect to the transfer of any tangible assets provided for in this Marital Agreement, the parties acknowledge that he or she have had the opportunity to inspect and view the assets that he or she is to receive as his or her sole and separate property and he or she is fully aware of the condition of such tangible asset and is receiving those assets in "as is" physical condition, without warranty or representation by or from the other party. C. Personalty Transfer: if either party is entitled to any items of personal property in the possession of the other party as of the date of this Agreement, the parties shall promptly make arrangements so as to permit that party to remove the items of property from the other party's possession no later than three hundred and sixty-five (365) days from the date of this 27 of 33 Agreement. D. Waiver. Each of the parties specifically waives, releases, renounces and forever abandons whatever right, title and interest they may have in any property that is to become the sole and separate property of the other party pursuant to the terms of this Agreement. E. Liens: In the event any asset is subject to a lien or encumbrance the party receiving the asset as his or her property shall take it subject to said lien and/or encumbrance and shall be solely responsible and liable therefore. F. Debt Balances and Prior Payments: Any debt herein described shall be deemed to include the current balance owed on the debt. Unless otherwise herein specifically provided, there shall be no adjustment in the distribution provisions for the payment of any portion of the marital debts prior to the execution of this Agreement, whether or not that debt or the prior payment thereof is specifically referenced in this Paragraph, said payment having been taken into consideration in determining the distribution of marital assets and debts herein provided. G. Indemnification: Any party assuming an obligation pursuant to the terms of this Agreement shall indemnify, protect and hold the other party harmless from and against any and all liability thereunder, including, but not limited to, any attorney's fees and costs incurred by the other party as the result of defending against the obligation and/or enforcing the provisions of this indemnification. 28 of 33 H. Cancellation of Joint Debts: Any joint debt shall be cancelled so that neither party can make any further charges thereunder, and if said charges are made in violation of this Agreement, then the party incurring said charge shall immediately repay the same. 1. Non-Disclosed Liability: Any liability not disclosed in this Agreement shall be the sole responsibility of the party who has incurred or may hereafter incur it, and the party incurring or having incurred said debt shall pay it as it becomes due and payable. J. No Further Joint Debt: From the date of this Agreement, each party shall only use those credit accounts or incur such further obligations for which that party is individually and solely liable and the parties shall cooperate in closing any remaining accounts which provide for joint liability. K. No Additional Debt: Each party represents and warrants to the other party that since the separation he or she has not, and in the future he or she will not, contract or incur any debt or liability for which the other party or the other party or the other party's estate might be responsible. SECTION IV CLOSING PROVISIONS AND EXECUTION 27. NO INTENDED THIRD-PARTY BENEFICIARIES This Agreement constitutes a contract binding between the aforementioned parties and those parties only. This Agreement provides rights and obligations only to the aforementioned parties. To the extent that this Agreement may benefit 29 of 33 another party other than Husband or Wife either directly or indirectly, said party constitutes merely an incidental beneficiary of the Agreement and will be restricted from pursuing legal action should either Husband or Wife breach or allegedly breach this Agreement in any way. 28. DOCUMENT EXECUTION: Wife and Husband covenant and agree that they will forthwith and within at most five (5) days after demand therefore, execute any and all written instruments, assignments, releases, satisfactions, deeds, notes or other writings as may be necessary or desirable for the proper effectuation of this Agreement, and which shall be executed in order to carry out fully and effectively the terms of this Agreement. Such documents include, but are not limited to, an affidavit of consent, a life insurance change of beneficiary, a life insurance application, deeds, trusts, mortgage applications or refinancing documentation, bank account or safe deposit box releases, checks, Escrowee letters of direction, IRS forms and other tax forms, transfers of automobile, boat or other assets involving certificates of title, letters to creditors, and health insurance documents. 29. JURISDICTION: This Agreement shall be construed in accordance with the laws of the Commonwealth of Pennsylvania. While the parties understand that they may from time to time remove themselves from the jurisdiction, it is their understanding and their intention that this Agreement shall be valid and effective without respect to where the parties are domiciled ay any time in the future, or where in the world property owed or controlled by either party is located. If, under the laws of any other jurisdiction either party would be entitled to any right, power or interest under the laws of that jurisdiction, then only to the extent necessary to effect a complete waiver, release or relinquishment of such right, power or interest, and thereby effectuate this Agreement, the laws of such jurisdiction shall apply. 30 of 33 If one or more provisions of this Agreement shall be held invalid or unenforceable under the laws of any jurisdiction, the parties intend that such invalidity or unenforceability shall not affect the remaining provisions, which shall nonetheless be valid and enforceable. If it is necessary that any invalid provision be replaced in order to interpret properly the remaining provisions of the Agreement, any such invalid provision shall be replaced by a valid provision which fulfills as closely as possible the intent and purposes of the invalid provision. It is intended by the parties that no additional rights be conferred on them other than as set forth in this Agreement by the laws of any jurisdiction whatsoever. 30. SEVERABILITY: If any term, condition, clause or provision of this Agreement shall be determined or declared to be void or invalid in law or otherwise, then only that term, condition, clause or provision shall be stricken from this Agreement, and in all other respects this Agreement shall continue in full force, effect and operation. 31. COUNTERPARTS. This Agreement may be executed in counterparts, each of which shall be deemed to be an original, but all of which shall constitute one and the same agreement. 32. FACSIMILE SIGNATURE. Each party agrees to accept and be bound by facsimile signatures hereto. 33. BINDING EFFECT. By signing this Agreement, each party acknowledges having read and understood the entire agreement, and each party acknowledges that the provisions of this Agreement shall be binding upon the parties as if they were ordered by the Court after a full hearing. 31 of 33 34. HEADINGS. The paragraph headings and other captions used in this Agreement are been inserted for convenience and reference only, and do not constitute matter to be construed in interpreting this Agreement, nor shall they be considered to modify the provisions which they precede. IN WITNESS WHEREOF, the parties hereto, intending to be legally bound hereby, have signed, sealed and acknowledged this Agreement the day and year below written, which Agreement has been executed in various counterparts, each of which shall constitute an original. WITNESS: SEAL) 7S.noD ?.u D t ` `r (SEAL) Ronald N y Date: -7, ,ZZ- 32 of 33 COMMONWEALTH OF PENNSYLVANIA COUNTY OF U ?'l ) SS: On this, the r ?dday of .-, J,,_1 , 2008, before me, a Notary Public, the undersigned officer, personally appeared Cathy Ney, known to me (or satisfactorily proven) to be the person whose name is subscribed to the foregoing Marital Settlement Agreement acd acknowledged that she executed the same for the purposes therein contained. IN WITNESS THEREOF, I hereunto set my hand and official seal. COMMONWEALTH OF PENNSYLVANIA COUNTY OF lOn C( Notary Public: r^" till - 60?3 A 6 'r ?U t . NOkay Pubic BOWUGN SS: ?COU IV 0 Oct 24, 201 On this, the _JQ day of y?(, 2008, before me, a Notary Public, the undersigned officer, personally appeared R nald Ney, known to me (or satisfactorily proven) to be the person whose name is subscribed to the foregoing Marital Settlement Agreement and acknowledged that he executed the same for the purposes therein contained. IN WITNESS THEREOF, I hereunto set my hand and official seal. Notary Public: 31 L 9, ?&w WEALTH OF PE"YLVMNA "amw e" t?oM M. Qft#A Nowt N* URMA O lMP„ Cm es am I Oaft oonM 'INA@ W"4114 2M2 M-iNb -.Of NoWNs 33 of 33 JAM AMAIM N-W38 M "D a VlDt(M H rrj ip CATHY NEY VS. RONALD NEY IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION NO. 2008-2642 CIVIL TERM 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) 3a@t" Ao wDiat =iRodex (Strike out inapplicable section) 2. Date and manner of service of the complaint: Complaint was served by certified mail signed by Defendant on 4/29/2008. 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 7L2Aj 0 8 ; by defendant 7/ 2 8/ 0 8 b. (1) Date of execution of the affidavit required by 3301 (d) of the Divorce Code: (2) Date of filing and service of the plaintiff s affidavit upon the respondent: 4. Related claims pending: There is a marital separation agreement executed on 7/22/08 that is incorporated for enforcement. 5. Complete either (a) or (b) purposes only but not merged. 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: 7 / 31 / 0 8 Date defendant's Waiver of Notice in Prothonotary: 7 / 31 / 0 8 (c) divorce was filed with the i r Plainfiff/Defendant 0 ? p 0 cr, m r°. C= m OD 713 ? IN THE COURT OF COMMON PLEAS + OF CUMBERLAND COUNTY + + STATE OF PENNA. + + CATHY NEY + No. 2008-2642 + VERSUS + RONALD NEY + DECREE IN r DIVORCE + + + 2_-- VIP + AND NOW, IT IS ORDERED AND + DECREED THAT CATHY NEY PLAINTIFF, + AND RONALD NEY DEFENDANT, r + 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; + NONE + J0001F + B HE COU + + ATTEST: J. + + + PROTHONOTARY r 41 -WW AO' ?S/