HomeMy WebLinkAbout08-3896
Law Offices
LRWEV & Mc%1VIGHT
60 West Pomfret Sheet' Carlisle, Pennsylvania 17013-3222
WAIVER OF LIENS
THIS AGREEMENT, made and concluded this . O day of June, 2008 between
GARY C. NISLEY AND VIONA J. NISLEY, HIS WIFE, of 49 Run Road, Carlisle, Cumberland County,
Pennsylvania, parties of the first part (hereinafter called Owner),
AND
MADISON & SONS CONSTRUCTION, LLC of 3145 Spring Road, Carlisle, PA 17013, party of the second part
(hereinafter called Contractor).
WHEREAS, the said parties have by a duly executed agreement under seal, dated May 14, 2008 , entered into a
written contract for construction of a single family dwelling located at 9 Marcella Way, Carlisle, West Pennsoboro Township,
Cumberland County, Pennsylvania, more particularly described in Cumberland County to Instrument Number 2008
NOW THIS AGREEMENT WITNESSETH: That the Contractor for and in consideration of the contract aforesaid
and the consideration mentioned thereunder, as well as the further consideration of One ($1.00) Dollar to him in hand paid by the
Owner at or before the sealing and delivery of these presents, the receipt whereof is hereby acknowledged, does hereby covenant,
promise and agree that no mechanics' lien or claim or other lien or claim of any kind whatsoever shall be filed or maintained
against the said building or buildings or the curtilage or curtilages appurtenant thereto, by Contractor or by any sub-contractor,
materialmen or laborers for work done or materials furnished under said contract or by any other party acting through or under
them or any of them for and about said building or buildings or any part thereof, or on credit thereof, and that all sub-contractors,
materialmen, and laborers on said work shall look to and hold Contractor personally liable for all sub-contracts, materials
furnished and work and labor done, so that there shall not be any legal or lawful claim of any kind whatever against Owner for
any work done or labor or materials furnished under said contract for and about the erection, construction and completion of said
buildings as aforesaid, or under any contract for extra work, or work supplemental thereto, or otherwise.
AND this Agreement waiving the right of lien shall be an independent covenant and shall operate and be effective as
well with respect to work done and materials furnished under any supplemental contract for extra work in the erection,
construction and completion of said building or buildings as to any work and labor done and materials furnished under the
contract aforesaid.
AND, in order to give the Owner full power and authority to protect himself and the lot or lots of ground against any
and all claims filed by the Contractor or anyone acting under or through him or it in violation of the foregoing covenant, the said
Contractor for himself, themselves, itself, hereby in-evocably authorizes and empowers any Attorney of any Court of Common
Pleas of the Commonwealth of Pennsylvania, to appear for him, them, it, or any of them, in any of the said Courts of Common
Pleas as Attorney for him, them or it and in his, their, its, name, mark satisfied of record at the cost and expense of the Contractor
or of any Sub-Contractor or Materialman, or Material men, any and all claims or claim, lien or liens, filed by or for the
Contractor, or any Sub-Contractor or Material man, or in his or their name against said building or buildings, lot or lots of
ground or any part thereof and for such act or acts this shall be good and sufficient warrant and authority, and a reference to the
Court, Term and Number in which and where this Agreement shall have been filed shall be a sufficient exhibit of the Authority
herein contained to warrant such action, and the Contractor for himself, themselves, itself, do hereby remise, release and quit-
claim all rights and all manner of errors, defects and imperfections whatsoever in entering such satisfaction or in any- wise
touching or concerning the same.
IN WITNESS WHEREOF, the said parties have hereunto set their hands and seals dated the day and year first above
written.
WITNESSES PRESENT:
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C, (SEAL)
GARY V. NISLEY Owner
(SEAL)
VIONA J. NIS +v? r
MADISON & SONS CONSTRUCTION, LLC
EAL)
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Contractor
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PATRICIA R. MEASE, : IN THE COURT OF COMMON PLEAS
Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA
V. : NO. 08-3986 Civil Term
DAVID S. MEASE, : CIVIL ACTION
Defendant : IN DIVORCE
AFFIDAVIT OF CONSENT
A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed on
July 7, 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 or upon filing of my Waiver of the Notice of Intention to
Request Entry of the Decree.
4. I have been advised of the availability of marriage counseling and understand that
the Court maintains a list of marriage counselors and that I may request the Court to require my
spouse and I to participate in counseling and, being so advised, do not request that the Court
require that my spouse and I participate in counseling prior to the divorce becoming final.
I verify that the statements made in this affidavit are true and correct. I understand that
false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904 relating to
unsworn falsification to authorities.
Date: Z 1-7/o q,
DAVID S. MEASE
C'' v
PATRICIA R. MEASE, : IN THE COURT OF COMMON PLEAS
Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA
V. NO. 08-3986 Civil Term
DAVID S. MEASE, CIVIL ACTION
Defendant IN DIVORCE
WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY
OF DIVORCE DECREE UNDER
§ 3301(c) OF THE DIVORCE CODE
1. I consent to the entry of a final Decree of Divorce without notice.
2. I understand that I may lose rights concerning alimony, division of property,
lawyer's fees or expenses if I do not claim them before a divorce is granted.
3. I understand that I will not be divorced until a Divorce Decree is entered by the
Court and that a copy of the Decree will be sent to me immediately after it is filed with the
Prothonotary.
I verify that the statements made in this affidavit are true and correct. 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: Ltd
DAVID S. MEASE
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IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,
PENNSYLVANIA
PATRICIA R. MEASE,
Plaintiff, )
VS. ) No. 08-3986
DAVIS S. MEASE, )
CIVIL TERM
Defendant. ) IN DIVORCE
AFFIDAVIT OF CONSENT
A complaint in divorce under § 3301(c) of the Divorce Code was filed on July 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.
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DATED:
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?? Patricia R. Mease, laintiff
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IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,
PENNSYLVANIA
PATRICIA R. MEASE,
Plaintiff, }
VS. } No. 08-3986
DAVIS S. MEASE, ) CIVIL TERM
Defendant. ) IN DIVORCE
WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF
A DIVORCE DECREE UNDER & 3301(c) OF THE DIVORCE CODE
1. I consent to the entry of a final decree of divorce without notice.
2. I understand that I may lose rights concerning alimony, division of property,
lawyer's fees or expenses if I do not claim them before a divorce is granted.
I understand that I will not be divorced until a divorce decree is entered by the
Court and that a copy of the decree will be sent to me immediately after it is filed with the
prothonotary.
I verify that the statements made in this affidavit are true and correct. I understand that
false statements herein are made subject to the penalties of 18 Pa.C.S. § 4904 relating to unsworn
falsification to authorities.
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Date: )
Patricia R. Mease Plain iff
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Michael S. Travis
ID No. 77399
3904 Trindle Road
Camp Hill, PA 17011
(717) 731-9502
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,
PATRICIA R. MEASE,
Plaintiff,
VS.
DAVIS S. MEASE,
Defendant.
PENNSYLVANIA
No. 08-3986
CIVIL TERM
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: mutual consent under § 3301(c)(1) of the Divorce
Code.
2. Date and manner of service of the complaint : Complaint was mailed July
7, 2008, via United States Certified Mail, restricted delivery, return receipt requested to
Defendant, which was received by Defendant on July 9, 2008. Affidavit of Service is
attached hereto.
3. Date of execution of the affidavit of consent required by § 3301(c) of the
Divorce Code: by Plaintiff on December 23, 2008; by Defendant December 17, 2008.
4. Related claims pending: No economic claims were raised.
5. Date Plaintiff's Waiver of Notice in § 3301(c) Divorce was filed with the
prothonotary: 12/24/08.
Date Defendant's Waiver of Notice in § 3301(c) Div-=e was filed with the
prothonotary: Ztg //
MAa6l S. Travis
Attorney for Plaintiff
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JASON LINS,
Plaintiff
vs.
SHELLEY LINS,
Defendant
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
No. 08 - 5896
CIVIL ACTION - AT LAW - IN DIVORCE
THIS AGREEMENT by and between JASON LINS, of Carlisle, Cumberland County,
Pennsylvania, hereinafter referred to as Husband; and SHELLEY LINS of Carlisle, Cumberland
County, Pennsylvania, hereinafter referred to as Wife, WITNESSETH THAT:
WHEREAS, Husband and Wife were married on October 10, 1992, in Carlisle,
Pennsylvania; and
WHEREAS, both Husband and Wife are bona fide residents of the Commonwealth of
Pennsylvania and have been for at least the past six months; and
WHEREAS, certain differences have arisen between the parties hereto and, as a
consequence, they have ceased living as Husband and Wife; and
WHEREAS, Husband and Wife desire to settle and determine certain of their marital rights
and obligations, make an equitable distribution of their marital property, and determine their rights
to alimony, support, and all other matters which may be considered under the Divorce Code; and
WHEREAS, it is the intention and purpose of this Agreement to set forth the respective
rights and duties of the parties while they continue to live apart from each other and to settle all
financial and property rights between them; and
WHEREAS, the parties hereto have mutually entered into an agreement for the division of
their jointly owned assets, the provisions for the liabilities they owe, and provisions for the
resolution of their mutual differences, after both have had full and ample opportunity to consult
with attorneys of their respective choice, and the parties now wish to have that agreement reduced
to writing; and
WHEREAS, in preparing this Agreement and negotiations contemporaneously therewith,
Husband was represented by Charles Rector, Esquire, and Wife was represented by Marlin L.
Markley, Esquire; and
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NOW THEREFORE, the parties, in consideration of the mutual promises set forth
hereinafter, and for other good and valuable consideration, intending to be legally bound and to
legally bind their heirs, successors, assigns, and personal representatives, do hereby covenant,
promise, and agree as follows:
1.1 SEPARATION. It shall be lawful for Husband and Wife at all times hereafter to
live separate and apart from each other and to reside from time to time at such place or places as
they shall respectively deem fit, free from any control, restraint, or interference, direct or indirect,
by each other. Neither party shall molest the other or compel or endeavor to compel the other to
cohabit or dwell with him or her by any legal or other proceedings. The foregoing provisions shall
not be taken to be an admission on the part of either party of the lawfulness of the causes leading to
them living separate and apart.
1.2 F.FFF,C'T OF RECONCILIATION_ This Agreement shall not be deemed to have
been waived or otherwise affected by a reconciliation, cohabitation, or resumption of marital
relations between the parties. The parties shall not be deemed to have reconciled with the intention
of vitiating or terminating this Agreement unless they make such actions through a written
instrument, executed, and acknowledged in the same manner as this Agreement.
2.1 DIVORCE ACTION. This Agreement is not predicated on divorce.
Notwithstanding the foregoing, it is, in fact, agreed and acknowledged between the parties that
Husband has filed a divorce action against Wife, and that both parties agree, as a condition to this
agreement, to execute the necessary divorce consents required by Section 3301(c) of the Divorce
Code, including the Waiver of Notice of Intent to Transmit Divorce Decree, so as to promptly
finalize said action. It is warranted, covenanted, and represented by Husband and Wife, each to the
other, that this Agreement is lawful and enforceable and this warranty, covenant, and representation
is made for the specific purpose of inducing Husband and Wife to execute the Agreement. Husband
and Wife each knowingly and understandingly hereby waive any and all possible claims that this
Agreement is, for any reason, illegal, or unenforceable in whole or in part. Husband and Wife do
each hereby warrant, covenant and agree that, in any possible event, he and she are and shall forever
be estopped from asserting any illegality or unenforceability as to all or any part of this Agreement.
2.2 FINAL RESOLUTION. It is further specifically understood and agreed that the
provisions of this Agreement relating to the equitable distribution of property of the parties are
accepted by each party as a final settlement for all purposes whatsoever. Should either of the
parties obtain a decree, judgment or order of separation or divorce in any other state, country, or
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jurisdiction, each of the parties to this Agreement hereby consents and agrees that this Agreement
and all its covenants shall not be affected in any way by any such separation and divorce; and that
nothing in any such decree, judgment, order or further modification or revision thereof shall alter,
amend or vary any term of this Agreement, whether or not either or both of the parties should
remarry, it being understood by and between the parties that this Agreement shall survive and shall
not be merged into any decree, judgment or order of divorce or separation.
2.3 INCORPORATION OF AGREEMENT INTO DF,C'RF.F.. It is specifically
agreed that a copy of this Agreement shall be incorporated by reference into any divorce, judgment
or decree if or whenever sought by either of the parties hereto. Such incorporation, however, shall
not be regarded as a merger, it being the intent of the parties to permit this Agreement to survive
any such judgment or decree.
3.1 CRITERIA OF nISTRiRITTiON. The parties have attempted to divide their
marital property in a manner which conforms to the criteria set forth in Section 3502 of the
Pennsylvania Domestic Relations Code, and taking into account the following considerations: the
length of the marriage; the prior marriages of the parties; the age, health, station, amount and
sources of income, vocational skills, employability; estate, liabilities, and needs for each of the
parties; the contribution of one party to the education, training or increased earning power to the
other party; the opportunity of each party for future acquisition of capital assets and income; the
sources of income of both parties, including but not limited to medical, retirement, insurance or
other benefits; the contribution or dissipation of each party in the acquisition, preservation,
depreciation, or appreciation of marital property, including the contribution of a party as a
homemaker; the value of the property set apart to each party; the standard of living of the parties
established during their marriage; and the economic circumstances of each party, including federal,
state and local tax ramifications, at the time of the division of the property is to become effective.
3.2 SATISFACTION OF RIGHTS OF EQUITARi,F DISTRiBITTiON. The
division of existing marital property is not intended by the parties to constitute in any way a sale or
exchange of assets. The division of property under this Agreement shall be in full satisfaction of all
rights of equitable distribution of parties.
3.3 FT.TN TTTSHMF.NT OF CLAIMS. Husband agrees to relinquish all claims to
any assets that may be acquired by Wife prior to the finalized divorce decree, and Wife agrees to
relinquish all claims to any assets that may be acquired by Husband prior to the finalized divorce
decree, except as may be otherwise set forth herein.
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3.4 MARITAL RESIDENCE. The marital residence located at 3 Kengrey Drive,
Carlisle, Pennsylvania, is to be listed for sale immediately and sold at fair market value. All costs
and expenses associated with the sale are to be divided equally between the parties. Until the
residence is sold the parties agree to share equally the monthly mortgage payments and other bills
associated with the residence.
The proceeds from the sale of the residence are to be used to pay any and all liens against
the residence, and marital debt, i.e. credit cards. If all marital debt is paid in full and proceeds still
remain from the sale of the residence, the remaining proceeds are to be divided equally between the
parties.
3.5 PERSONAL PROPERTY. The parties agree to division of personal property as
listed below. Any property not listed below has already been divided to their mutual satisfaction.
Each party hereby waives rights to any property in the possession of the other.
a) Property to Wife, Shelley Lins:
1. Living room furniture (couch & love seat) upstairs two end table & two
lamps.
2. Leather chair upstairs.
3. Television stand upstairs with television.
4. Master bedroom furniture.
5. Dining room table and eight chairs.
6. Wicker furniture.
7. One yellow bench and two yellow chairs from the deck.
8. Grape rod iron table and two chairs.
9. Fire pit.
10. Garden style dishes, used daily, and glasses to go with them.
11. One set of silverware.
12. Kylie's bedroom furniture.
13. Air hockey table.
14. Large Christmas tree.
15. Surround sound upstairs.
16. Wii
17. Washing machine.
18. Refrigerator.
b) Property to Husband, Jason Lins:
1. Living room furniture down (couch, love seat, & chair).
2. One end table and coffee table with two lamps.
3. Bar and mirror to bar.
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4. Poker table.
5. Deep Freezer.
6. Bedroom furniture in the spare room.
7. Mattress from the master bedroom with sheets.
8. Teak deck furniture (table, umbrella, bench, and four chairs).
9. Grill.
10. Small Christmas tree.
11. Juniper set of dishes.
12. Glasses.
13. One set of silverware.
14. Coffee maker.
15. Computer and computer desk.
16. Kitchen table and three chairs.
17. Surround sound downstairs.
18. Dryer
19. Refrigerator from the basement.
20. Lawn equipment.
3.6 HITSRAND'S TRAMSTERS PF.NSIUN RFTIRFMFNT_ Husband agrees to
transfer and assign to Wife $20,000.00 of his Teamsters pension upon his retirement. An approved
qualified domestic relations order shall be filed with the court after a divorce decree is granted.
3.7 WIFF'S INDIVIDUAL RRTIRFMFNT ACC OITNT AND 40I W. Wife has
certain retirement accounts which shall become the sole and separate assets of Wife. This includes,
but is not limited to, pension, individual retirement accounts, 401(k) and otherwise. Husband
hereby relinquishes any right, title, interest or claim he may have in and to the retirement assets of
the Wife.
3.8 VEHICLES. Each party has certain vehicles which shall become the sole and
separate assets of the party in whose name they were titled. Each party hereby relinquishes any
right, title, interest or claim they may have in and to the vehicles of the other.
The parties agree that each will undertake all financial responsibility for the vehicles
titled in their individual name, including, but not limited to, loan payments, insurance premiums,
and maintenance.
3.9 FOUR WNF,F.LER. The Four Wheeler shall be sold. The proceeds from the
sale of the Four Wheeler shall be used to pay off the loan for the Four Wheeler.
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3.10 POni. TART.E. The pool table shall be sold and the proceeds from the sale of
the pool table shall be used to pay marital debt. Any proceeds remaining after all marital debt is
paid shall be evenly divided between the parties.
-ARTICLE IV - DF,RTS OF THE, PARTIES
4.1 DF.RTS. During the course of the marriage, Husband and Wife have incurred
certain bills and obligations and have amassed a variety of debts. It is hereby agreed, without the
necessity of ascertaining for what purpose and to whose use each of the bills were incurred, that,
except as otherwise provided herein, both parties are equally responsible for all such bills,
obligations, and debts. Husband and Wife each agree to hold the other free and harmless from any
and all liability which may arise from any outstanding bills, obligations, and debts incurred after the
date of separation, and further agree to indemnify and defend the other from any claim regarding
same. Both parties agree that, in the future, neither shall cause or permit to be charged to or against
the other any purchase which either of them may hereafter make and shall not hereafter create any
engagements, debts, or obligations in the name of or against each other.
4.2 4PRCiFiC OITTSTAND NG DF.RTS OF HUSBAND_ Husband agrees to accept
sole responsibility for, and to hold Wife free and harmless from any and all liability which may
arise from any account or debt that is solely in Husband's name.
4.3 SPECIFIC OUTSTANDING DERTS OF WIFE Wife agrees to accept sole
responsibility for, and to hold Husband free and harmless from any and all liability that may arise
from any account or debt that is solely in Wife's name.
5.1 WAiVRR OF AL I ONY. Husband and Wife recognize and acknowledge that
the foregoing provisions for their individual benefit are satisfactory with regard to support and
maintenance, past, present and future. The parties release and discharge the other absolutely and
forever for the rest of their lives for all claims and demands, past present or future, for alimony,
alimony pendente lite or for any provisions for support and maintenance. The parties further
acknowledge that in consideration of the transfers made herein, each completely waives and
relinquishes any and all claims and/or demands they may now have or hereafter have against the
other for alimony, alimony pendente lite, spousal support, counsel fees and court costs.
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5.2 C'MLD SITPPC/RT. Husband shall pay to Wife the sum of $300.00 per month, as
child support, for the support of the parties' minor daughter Kylie A. Lins. The payments shall
commence on November 1, 2008 and shall continue thereafter on the first day of each and every
consecutive month until modified or terminated in accordance with the terms of this Agreement.
Husband shall be obligated to pay support for the daughter until the daughter reaches the age of
eighteen (18) or graduates from high school, whichever event occurs later. This paragraph is based
upon the parties' current income, and the Pennsylvania Support Guidelines. - The child support
obligation is both modifiable and is intended to terminate consistent with Pennsylvania Law
regarding child support.
6.1 ATTORNEYS FFF,S UPON BREACH. Each of the parties agrees that should
either of them be in breach of contract and fail to comply with the terms of the Agreement herein
the breaching party shall be responsible for all court costs and attorney fees reasonably necessary to
enforce the Agreement.
6.2 ADVICE OF C'.CNTNSEL. The parties acknowledge that they have been given full
and fair opportunity to consult legal counsel regarding the legal effect of this agreement. They
acknowledge and accept that this Agreement is, in the circumstances, fair and equitable, that it is
being entered into freely and voluntarily, after having received such advice and with such
knowledge that execution of this Agreement is not the result of any duress or undue influence and
that is not the result of any collusion or improper or illegal agreement or agreements.
6.3 1 EGAL FRES. Husband and Wife agree to evenly divide the legal fees associated
with obtaining a divorce decree, obtaining an initial custody order, drafting of this marriage
settlement agreement and drafting of a Qualified Domestic Relations Order.
6.4 CONTRACT iNTFRPRF,TATION, For purposes of contract interpretation and
for the purpose of resolving any ambiguity herein, Husband and Wife agree that this Agreement
was prepared jointly by their respective attorneys. Hershey Foods Corp. v. General Electric
Service Co., 619 A.2d 285 (Pa. Super. 1992).
6.5 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, 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
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dower, curtesy, or claims in the nature of dower, curtesy, 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 any 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 country.
The parties further release any claim to all rights which either party may have or at any time
hereafter have for past, present, or future support or maintenance, alimony, alimony pendente lite,
counsel fees, costs or expenses, whether arising as a result of the marital relation or otherwise,
except and only except, all rights and agreements and obligations of whatsoever nature arising or
which may arise under this Agreement or for the breach of any thereof. It is the intention of
Husband and Wife to give each other by execution of this Agreement a full, complete and general
release with respect to any and all property of any kind of 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. Both parties acknowledge that they have been advised that each may have the right
to assert a claim for spousal support, alimony, alimony pendente lite, attorneys fees, costs and/or
expenses. Except as otherwise provided herein, each parry hereby waives any right to such
economic claims ancillary to the divorce and accepts the provisions of this Agreement relating to
these claims as a final settlement for all purposes, as contemplated by the Pennsylvania Divorce
Code.
6.6 WARRANTIES Each parry represents that they have not heretofore incurred or
contracted for any debt or liability or obligations for which the estate of the other parry 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 each of them, including those for necessities, except for the obligations arising out of
this Agreement. Husband and Wife each warrant, covenants, represent and agree that each will,
now 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 is
otherwise specifically provided for by the terms of this Agreement and that neither of them
hereafter incur any liability whatsoever for which the estate of the other may be liable.
6.7 MODJFIC.ATION, No waiver or modification of any of the terms of this
Agreement shall be valid unless in writing and signed by both parties, and no waiver of any
enforcement claims for breach or default shall be deemed a waiver of any subsequent default of the
same or similar nature.
6.8 DOCITMF,NT EXECUTION. The parties agree that they will promptly execute
any and all written instruments, assignments, releases, satisfactions, deeds, notes, or such other
writings as may be. necessary or desirable for the proper implementation of this Agreement, and as
their respective counsel shall mutually agree should be so executed in order to carry out fully and
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effectively the terms of this Agreement.
6.9 GOVERNING LAW. This Agreement shall be construed in accordance with the
laws of the Commonwealth of Pennsylvania which are in effect as of the execution date of this
Agreement.
6.14 RINDiNC:. This Agreement shall be binding and shall inure to the benefit of the
parties hereto and their respective heirs, executors, administrators, successors, and assigns.
6.11 ENTIRE AGREEMENT. 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.
6.12 SFVFRARILLTY. If any term, condition, clause, section, or provision of this
Agreement shall be determined or. declared to be void or invalid in law or otherwise, then only that
term, `condition, clause, or provision shall be stricken from this Agreement, and in all other respects,
this Agreement shall be valid and continue in full force, effect and operation. Likewise, the failure
of any parry to meet his or her obligation under any one or more of the articles and sections shall in
no way void or alter the remaining obligations of the parties. The parties expressly represent that
the headings of each paragraph are solely for purposes of convenience and are not to be construed
as controlling.
6.13 EQUITABLE DIVISION, 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 Divorce Code of the Commonwealth of Pennsylvania.
6.14 DiSCI.O,SiTRF,. The parties warrant and represent that they have made a full
disclosure of all assets prior to the execution of this Agreement and that this agreement was entered
into in reliance upon that disclosure.
6.15 FNFORC'F.ARii ITY AND C'.ONSiDFRATiON. This Agreement shall survive
any. action for divorce and decree of divorce and shall forever be binding and conclusive on the
parties, and any independent action may be brought, either at law or in equity, to enforce the
terms of the Agreement by either Husband or Wife until it shall have been fully satisfied and
performed. The consideration for this contract and agreement is the mutual benefits to be
obtained by both of the parties hereto and the covenants and agreements of each of the parties to
the other. The adequacy of the consideration for all agreements herein contained and stipulated,
confessed and admitted by the parties, and the parties intend to be legally bound hereby. In the
event either party breached the aforesaid Agreement and it is determined through appropriate
legal action that the alleged party has so breached the Agreement, the breaching party shall be
9
i
responsible for any and all. attorney's fees as well as costs and expenses associated with litigation
incurred by the non breaching party to enforce this Agreement against the breaching party.
IN WITNESS WHEREOF, the parties hereto have set their hands and seals the day and
year written.
a.
ALins Date Shelley Li Date
10
Commonwealth of Pennsylvania:
SS
County of 6, ,r b erlq nd
PERSONALLY APPEARED BEFORE ME, this 91 day of 0 C4 , 2008, a
notary public, in and for the Commonwealth of Pennsylvania, Jason Lins, known to me (or
satisfactorily proven to be) the person whose name is subscribed to the within agreement and
acknowledged that he executed the same for the purposes herein contained.
IN WITNESS WHEREOF, I have hereunto set my hand and official seal.
rOMMONWEAL?H OF peow-wo
WTNKSFAl
MW ff t1, NDTARYPtl W
awwBOA01101i,g111BEW OOMly
MYCOIVNI1 N 0NOoF1lE6APl?It=
Commonwealth of Pennsylvania:
County of /AN
SS
-1
Notary Public
PERSONALLY APPEARED BEFORE ME, this l f day of , 2008, a
notary public, in and for the Commonwealth of Pennsylvania, Shelley Lins, known to me (or
satisfactorily proven to be) the person whose name is subscribed to the within agreement and
acknowledged that he executed the same for the purposes herein contained.
IN WITNESS WHEREOF, I have hereunto set my hand and official seal.
N tary P lic
COIN AONWEALIH OF PENNSYI.YANIA
NOTARK SEAL
KA1W& BUW9 NOTARY PUBLIC
CARtW BOROUGH„ CL WB8L4 0 C0Wff
M1rC00 N" DORRES MAY23, 28'12
11
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JASON LINS, : IN THE COURT OF COMMON PLEAS OF
Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA
VS. No. o?' - Sg9G c, v, l T???7
SHELLEY LINS, CIVIL ACTION - AT LAW - IN DIVORCE
Defendant
I, Shelley Lins, Defendant in the above-captioned matter, hereby accept service of the
COMPLAINT IN DIVORCE pursuant to Pennsylvania Rule of Civil Procedure, Rule 1930.4(d).
Date:
A-UA/I
Shelley Lins 0
f 31 i }
?
Y
.G., 4.M
JASON LINS,
Plaintiff
VS.
SHELLEY LINS,
Defendant
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
No. 08 - 5896
CIVIL ACTION - AT LAW - IN DIVORCE
PLAINTIFF'S AFFIDAVIT OF CONSENT
UNDER SECTION 3301(c) OF THE DIVORCE CODE
1. A complaint in divorce under Section 3301(c) of the Divorce Code was filed on
October 3, 2008.
2. The marriage of the Plaintiff and the 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.
4. 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
unworn falsification to authorities.
Date: Signature:
ason Lins
n,?
JASON LINS,
Plaintiff
VS.
SHELLEY LINS,
Defendant
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
: No. 08 - 5896
: CIVIL ACTION - AT LAW - IN DIVORCE
PLAINTIFF'S 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 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.
4. 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: ./4 Signature:
or --,00
ason Lins
r"'
°
C . ra
i7
;
• w T}.
JASON LINS, : IN THE COURT OF COMMON PLEAS OF
Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA
VS. : No. 08 - 5896
SHELLEY LINS, CIVIL ACTION - AT LAW - IN DIVORCE
Defendant
DEFENDANT'S AFFIDAVIT OF CONSENT
UNDER SECTION 3301(c) OF THE DIVORCE CODE
1. A complaint in divorce under Section 3301(c) of the Divorce Code was filed on
October 3, 2008.
2. The marriage of the Plaintiff and the Defendant is irretrievably broken and ninety
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.
4. 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.
L
4?
Date: Signature:
Shelley Lins
i
:a4
,.. ..a. 2' a.v 4'-
rv
_ {r,
JASON LINS,
Plaintiff
VS.
SHELLEY LINS,
Defendant
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
: No. 08 - 5896
: CIVIL ACTION - AT LAW - IN DIVORCE
DEFENDANT'S 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 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.
4. 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
unworn falsification to authorities.
Date: Signature:
Shelley Lins
C ?` ?-c'yi
r°
a C
Y
1 ?` -. -?? ?, ??;
?? <;- n,
JASON LINS,
Plaintiff
vs.
SHELLEY LINS,
Defendant
To the Prothonotary:
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
No. 08-5896
: CIVIL ACTION - AT LAW - IN DIVORCE
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) §-3-36t )
of the Divorce Code.
2. Date and Manner of service of the Complaint:
Defendant, Shelley Lins, accepted service of the Complaint on October 11, 2008.
See attached 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 the Plaintiff lannary 0, 2019
by the Defendant _1anna?? 10,
(b) Date of execution of the affidavit required by § 3301(d) of the
Divorce Code: ;
Date of filing of the Plaintiffs affidavit upon the respondent: ;
Date of service of the Plaintiffs affidavit upon the respondent:
4. Related claims pending: Ple c . in orporate, without merging, the attached
Postnuptial Ageement_
5. (Complete either paragraph (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 Plaintiffs Waiver of Notice in § 3301(c) Divorce was filed with
the prothonotary: filed simnltanenudv w/Praecine;
Date Defendant's Waiver of Notice in § 3301(c) Divorce was filed
with the prothonotary: filed simultanenuciv w/Pre_
Mar i ey, Esquire
Law Office of Patrick F. Lauer, Jr., LLC
2108 Marke Street, Aztec Building
Z Z - Z'009 Camp Hill, Pennsylvania 17011-4706
Date: ` ID# 84745 Tel. (717) 763-1800
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