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Home My WebLink About08-4547JON R. HALL, JR., : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA VS. :NO. N'V i l V i-W ERIN L. HALL, : CIVIL ACTION - LAW Defendant : IN DIVORCE NOTICE TO DEFEND AND CLAIM RIGHTS YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set forth in the following pages, you must take prompt action. You are warned that if you fail to do so, the case may proceed without you and a decree of divorce or annulment may be entered against you for any other claim or relief requested in these papers by the Plaintiff. You may lose money or property or other rights important to you, including custody or visitation of your children. When the ground for the divorce is indignities or irretrievable breakdown of the marriage, you may request marriage counseling. A list of marriage counselors is available in the Office of the Prothonotary, Carlisle, Pennsylvania. IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY, LAWYER'S FEES OR EXPENSES BEFORE A DIVORCE OR ANNULMENT IS GRANTED, YOU MAY LOSE THE RIGHT TO CLAIM ANY OF THEM. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY LAWYER REFERRAL SERVICE 32 South Bedford Street Carlisle PA 17013 (717) 249-3166 Le han demandado a usted en la corte. Si usted quiere defenderse de estas demandas expuestas en las paginas siguientes, usted tiene veinte (20) dias de plazo al partir de la fecha de la demanda y la notificacion. Usted debe presentar una apariencia escrita o en persona o por abogado y archivar en la corte en forma escrita sus defensas o sus objeciones a las demandas en contra de su persona. Sea avisado que si usted no se defiende, la corte tomara medidas y pueda entrar una orden contra usted sin previo aviso o notificacion y por cualquier queja o alivio que es pedido en la peticion de demanda. Usted puede perder dinero o sus propiedades o otros derechos importantes para usted. LLEVE ESTA DEMANDA A UN ABOGADO IMMEDIATAMENTE. SI NO TIENE ABOGADO O SI NO TIENE EL DINERO SUFICIENTE DE PAGAR TAL SERVICIO VAYA EN PERSONA O LLAME POR TELEFONO A LA OFICINA CUYA DIRECCION SE ENCUENTRA ESCRITA ABAJO PARA AVERIGUAR DONDE SE PUEDE CONSEGUIR ASISTENCIA LEGAL. CUMBERLAND COUNTY LAWYER REFERRAL SERVICE 32 South Bedford Street Carlisle PA 17013 (717) 249-3166 JON R. HALL, JR., : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA VS. :NO. d ?- YS Y ? ERIN L. HALL, : CIVIL ACTION - LAW Defendant : IN DIVORCE COUNT I COMPLAINT FOR DIVORCE UNDER SECTION 3301(C) OR 3301(D) OF THE DIVORCE CODE AND NOW, comes the above-named Plaintiff, Jon R. Hall, Jr., by his Attorney, Mark A. Mateya, Esquire, and seeks to obtain a Decree in Divorce from the above-named Defendant upon the grounds hereinafter more fully set forth. 1. Plaintiff is Jon R. Hall, Jr., an adult individual who currently resides at 15 Independence Drive, Mt. Holly Springs, Cumberland County, Pennsylvania 17065. 2. All legal papers may be served on Plaintiff by service on his Attorney, Mark A. Mateya, Esquire with a mailing address of P.O. Box 127, Boiling Springs, PA 17007. 3. Defendant is Erin L. Hall, an adult individual who currently resides at 140 S. 81h Street, Columbia, Lancaster County, Pennsylvania 17512. 4. Plaintiff and Defendant are bona fide residents of the Commonwealth for at least six (6) months immediately previous to the filing of this Complaint. The Plaintiff and Defendant were married on August 4, 2007, in Steelton, Dauphin County, Pennsylvania. 6. There have been no prior actions of divorce or for annulment of marriage between the Parties in this or any other jurisdiction. 7. The marriage is irretrievably broken. 8. Both Plaintiff and the Defendant are or have been members of the armed services of the United States. 9. Plaintiff has been advised that counseling is available and that plaintiff may have the right to request that the court require the parties to participate in counseling. COUNT II CLAIM FOR EQUITABLE DISTRIBUTION OF MARITAL PROPERTY UNDER THE DIVORCE CODE 10. Plaintiff and Defendant are the owners of various items of real property, personal property, furniture and household furnishings that may be subject to equitable distribution by this Court. 11. Plaintiff and Defendant are the owners of various motor vehicles, bank accounts, investments, insurance policies and retirement benefits which may be subject to equitable distribution by this Court. WHEREFORE, Plaintiff requests the Court to enter a Decree: a. Dissolving the marriage between Plaintiff and Defendant; b. Equitably distributing all property owned by the parties hereto; C. In the event that a written Separation Agreement is reached between the parties hereto prior to the time of hearing on this Complaint, Plaintiff respectfully requests that pursuant to §304(a)(1) and (4) and §401(b) of the Divorce Code the Court approve and incorporate, but not merge such Agreement in the Final Divorce Decree; e. For such further relief as the Court may determine equitable and just. Respectfully submitted, Dated -7 By: - Mark A. Mateya Attorney I.D. No. 78931 P.O. Box 127 Boiling Springs, PA 17007 (717) 241-6500 Attorney for Plaintiff VERIFICATION I, Jon R. Hall, Jr., verify that the facts set forth in the foregoing Complaint for Divorce are true and correct to the best of my knowledge, information, and belief. I understand that false statements herein are subject to the penalties of 18 Pa.C.S. § 4904, relating to unsworn falsification to authorities. L /( I - 7v 7 ?,Z DATED: '711 if 12 o0 Jon K. Hall, Jr. W W Q ll, C? r-? N c1'i ?D rn r...: ti JON R. HALL, JR., : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA VS. : NO. 08-4547 ERIN L. HALL, : CIVIL ACTION - LAW Defendant : IN DIVORCE AFFIDAVIT OF SERVICE AND NOW, this 14th day of August 2008, comes Mark A. Mateya, Esquire, Attorney for Plaintiff, who, being duly sworn according to law, deposes and says that: A Complaint for Divorce was filed to the above term and number on July 29, 2008. 2. On or about July 29, 2008, a certified copy of the Complaint in Divorce was mailed to the Defendant, via Certified Mail, Restricted Delivery, Return Receipt Requested. The Return Receipt was received by Plaintiff's counsel, Mark A. Mateya, Esquire on or about August 14, 2008, and was signed for by the Defendant on August 13, 2008. A copy of the Return Receipt is attached hereto as Exhibit "A" and is incorporated herein by reference. 3. A certified copy of the Complaint was mailed to the Defendant via first class mail, postage prepaid on July 29, 2008. The Certificate of Mailing is attached hereto as Exhibit "B" and is incorporated herein by reference. Respectfully submitted, Mark A. Mateya squire Attorney I.D. No. 78931 P.O. Box 127 Boiling Springs, PA 17007 (717) 241-6500 (717) 241-3099 Fax Attorney for Plaintiff -N U.S. Postal Service,,, CERTIFIED MAIL,, RECEIPT (Domestic Mail Only; No Insurance Coverage Provided) u1 ru ;rawv ru Postage 8 0 Coined Fee C1 Return Red ee n Requi eptre Fd) (Er:dor8emer C3 ReWWed Delivery Fee O (Endoreement Required) Ln 0 Total Postage & Fees CGS P Qom. ?? C6 o O \% v 77771 M C3 bent TO r? ilpi... ..----- orP08oxNo ._?..t.Y ?r/C ...........:..°- °° ° - °X.E- ............. :. CNy, State, ZIPr4 () O L U M (A r? PS Form 3800. June 2002 See Reverse for Instructi ¦ Complete Items 1, 2, and 3. Also complete A. 31y?tsax. -- Msrrt 4 ff Restricted Delivery is desired. X (? 1 ? Agent ¦ Print your name and address on the reverse ? Add? so that we can return the card to you. 8r Prtrttsd ?) C/ ¦ Attach this card to the back of the mailpiece, or on the front if space permits. 1 1. Amide Addressed to: D. address dlfkrerK lrtxn Item 1? ? Yes H YES, errter delivery address below: ? No ILIA crF 3. type C d j-U f)1B lk PA `75/0L Cemed Meii I7 Express Matt ? Registered ? Rewm Receipt for mwdw to ? Irroured MaM ? C.O.D. 4. Restricted Detveryt {Extra Fee) Yes a Mwwwfrom 7003 0500 0004 2325 9239 Ritrtsfer from aervke ? Ps Form 3811, February 2004 Domestic Reaun Receipt 1025es-o2-M-1340 Billing A - Mark MAY BE USED FOR DOMESTIC AND INTERNATIONAVMAnII, DOES NOT PROVIDE FOR INSURANCE-POSTMASTER Received From: P. ?. 13 d?Y_ /??7 1o r iiy G 6,?Pie i,y ?s I70,7 to: One piece of ordinary mail add;7;4,L ?k /,A/ /_ • A?4D ? S7RE GOLU/„.614 D,4 l7.1 /,L PS Form 3817, Mar. 1989 3 CD .10 N O ?p N m O c _ r o :C c MI--Z V) d~? C)IV?.I M LA .,I= rA oV ib Z D N 0 0 cn m v a 800Z/8Z/L 1 al °,; > j ca Ga , ***xs*x SaSVSSaW 30 QNS +srtt xx xx Z JO Z aftd JON R. HALL, JR., : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA VS. : NO. 08-4547 ERIN L. HALL, : CIVIL ACTION - LAW Defendant : IN DIVORCE AFFIDAVIT OF CONSENT 1. A Complaint in Divorce wider Section 3301( c) or (d) of the Divorce Code was filed on July 29, 2008. 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety (90) days have elapsed from the date of filing and service of the Complaint. 3. I consent to the entry of a final decree in divorce after service of notice of intention to request entry of the decree. I verify that the statements made in this affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. §4904 relating to unsworn falsification to authorities. DATED: it -42 hoop' Jo . Hall, Jr. Plaintiff k:..... C.:D b-! + Jl- ... c 1w JON R. HALL, JR., Plaintiff VS. ERIN L. HALL, Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 08-4547 : 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. I consent to the entry of a final decree of divorce without notice. c? C. 2. I understand that I may lose rights concerning alimony, division of prgrty,cn lawyer's fees or expenses if I do not claim them before a divorce is granted. r? t 73 3. I understand that 1 will not be divorced until a divorce decree is enterddby the Court and that a copy of the decree will be sent tome immediately after it is tiled with e Prothonotary. ' co ?n T CD. rr-s 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 prvvs>- Jo . Hall, Jr. Plaintiff JON R. HALL, JR., : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA VS. : NO. 08-4547 ERIN L. HALL, : CIVIL ACTION - LAW Defendant : IN DIVORCE SEPARATION AND PROPERTY SETTLEMENT AGREEMENT THIS AGREEMENT made this A,_A day of , 2008, by and between JON R. HALL, JR., of Mt. Holly, Cumberland County, Pennsylvania, party of the first part, hereinafter referred to as "Husband," AND ERIN L. HALL, of, Columbia, Lancaster County, Pennsylvania, party of the second part, hereinafter referred to as "Wife," WITNESSETH: WHEREAS, Husband and Wife were married on August 4, 2007, in Steelton, Dauphin County, Pennsylvania.; and WHEREAS, Husband and Wife are residents of the Commonwealth of Pennsylvania and have been so for at least the past six months; WHEREAS, certain differences have arisen between the parties hereto which have made them desirous of living separate and apart from one another; and WHEREAS, Husband and Wife desire to settle and determine certain of their marital rights and obligations, and make an equitable distribution of their marital property, determine their rights to alimony and support and any other matters which may be considered under the Divorce Code; and Page 1 of 17 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, the parties now wish to have that agreement reduced to writing. NOW, THEREFORE, the parties hereto in consideration of the mutually made and to be kept promises set forth hereinafter and for other good and valuable consideration, and intending to be legally bound and to legally bind their heirs, successors, assigns, and personal representatives, do hereby covenant, promise and agree as follows: ARTICLE I SEPARATION 1.1 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 Husband or Wife of the lawfulness of the causes leading to them living separate and apart. Page 2 of 17 ARTICLE II DIVORCE 2.1 This Agreement is not predicated on divorce. It is specifically understood and agreed by and between the parties hereto that each of the said parties does hereby warrant and represent to the other that the execution and delivery of this Agreement is not predicated upon nor made subject to any agreement for institution, prosecution, defense, or for the non-prosecution or non- defense of any action for divorce; provided, however, that nothing contained in this Agreement shall prevent or preclude either of the parties hereto from commencing, instituting or prosecuting any action or actions for divorce, either absolute or otherwise, upon just, legal and proper grounds, not to prevent either party from defending any such action which as been, may, or shall be instituted by the other party, or from taking any just or proper defense thereto. 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, or any reason, illegal, or for any reason whatsoever of public policy, 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 It is further specifically understood and agreed that the provision of this Agreement Page 3 of 17 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 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. 2.3 This Agreement shall survive any decree in divorce and shall be forever binding and conclusive on the parties. It is understood by and between the parties that this Agreement shall be incorporated into any decree, divorce or separation, but it shall not be deemed merged in such decree. ARTICLE III EQUITABLE DISTRIBUTION OF MARITAL PROPERTY 3.1 The parties have attempted to divide their marital property in a manner which conforms to the criteria set forth in the Pennsylvania Divorce 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 part in the acquisition, preservation, depreciation , or appreciation of marital property, including the Page 4 of 17 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; 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; and whether the parties will be serving as the custodian of any dependent minor children. 3.2 The division of existing marital property is not intended by the parties to constitute in any way a sale or exchange of assets and the division is being effected without the introduction of outside funds or other property not constituting marital property. The division of property under this Agreement shall be in full satisfaction of all rights of equitable distribution of the parties. 3.3 Personal Property. The parties acknowledge that they have divided their personal property, tangible and intangible, to their mutual satisfaction. The parties further acknowledge that they have the cash, accounts, or other tangible and intangible property in their possession that they wish to have, with the exception of the assets listed in paragraphs 3.6 and 3.9 herein, and neither will make any claim whatsoever against the other party for any other items of personal property or assets that are in the other party's possession. Husband's personal possessions are identified on Schedule "A" attached hereto; Wife's personal possessions are identified on Schedule "B" attached hereto. 3.4 Life Insurance. Each party agrees that the other party shall have sole ownership and possession of any life insurance policies owned by the other. Page 5 of 17 Each party agrees to sign any documents necessary to waive, relinquish, or transfer any rights on such policies to the respective party who presently owns such policy, notwithstanding the above. 3.5 Subsequently Acquired Property. Husband and Wife agree to waive and relinquish any and all right that he or she may now have or hereafter acquire in any real or tangible personal property subsequently acquired by the other party. Husband and Wife specifically agree to waive and relinquish any right in such property that may arise as a result of the marriage relationship. 3.6 Pension, Retirement, Profit-Sharing. Wife agrees to waive, relinquish or transfer any and all of her right, title and interest she has or may have in Husband's pension through his present or prior employment. Wife hereby waives, relinquishes and transfers any and all right, title and interest she has in any present retirement account, as well as other accounts that Husband may have in his individual name or may have secured through his present or prior employment. Husband agrees to waive, relinquish or transfer any and all of his right, title and interest he has or may have in Wife's pension through her present or prior employment. Husband hereby waives, relinquishes and transfers any and all right, title and interest he has in any present retirement account, as well as other accounts that Wife may have in her individual name or may have secured through her present or prior employment. 3.7 Vehicles. The parties acknowledge that Wife and Husband shall each retain their own vehicle. Husband will retain a , and Wife shall retain a Page 6 of 17 vehicle. Each party agrees to be responsible in all ways for his or her own vehicle and releases the other from responsibility therefrom. 3.8 Intangible Personal Property. The parties have already transferred or waived rights and interest in other intangible personal property, including their various bank accounts, credit union accounts, and the like. Each party agrees to sign any documents necessary to close any joint accounts within fifteen (15) days of signing this Agreement. Neither party shall make any claim of any nature whatsoever against the other party relative to the financial accounts or other investments or intangible personal property that have already been retained by that party as described herein. 3.9 Real Estate. Husband owned the real estate located at 15 Independence Drive, Mt. Holly Springs, Cumberland County, Pennsylvania, prior to the marriage. Said real estate shall remain the sole.property of Husband. ARTICLE IV DEBTS OF THE PARTIES 4.1 From the date of execution of this Agreement forward, Wife shall retain sole and exclusive responsibility and obligation for the repayment of debts which she incurs. Wife shall indemnify Husband and hold him harmless from and against any and all demands for payment or collection activity of any nature whatsoever relative to any such debt. Likewise Husband shall retain sole and exclusive responsibility and obligation for the repayment of debts which he incurs. Wife shall indemnify Husband and hold him harmless from and against any and all demands for payment or collection activity of any nature whatsoever relative to any such debt. Page 7 of 17 4.2 Each party represent to the other that except as is otherwise set forth in this Agreement, there are no major outstanding obligations of the parties; that since the separation neither party has contracted or any debts for which the other will be responsible and each party indemnifies and holds harmless the other for all obligations separately incurred or assumed under this Agreement. ARTICLE V ALIMONY, ALIMONY PENDENTE LITE, SPOUSAL SUPPORT CHILD SUPPORT AND MAINTENANCE 5.1 The parties have each secured and maintained a substantial and adequate fund from which to provide themselves sufficient resources to provide for their own comfort, maintenance and support in the station of life in which they are accustom. Husband and Wife do hereby waive, release and give up any rights they may have, respectively against the other, for alimony, alimony pendente lite, spousal support or maintenance. 5.2 Husband and Wife specifically waive, release and give up any rights for alimony, alimony pendente lite and spousal support pursuant to Chapter 37 of the Domestic Relations code. ARTICLE VI MISCELLANEOUS PROVISIONS 6.1 Advice of Counsel. The parties acknowledge that they have either received independent legal advice from counsel of their own selection, that they fully understand the facts and have Page 8 of 17 been fully informed as to their legal rights an obligation or otherwise understand those legal rights and obligations. 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 further that it is not the result of any collusion or improper or illegal agreement or agreements. 6.2 Mutual Release. Husband and Wife each do hereby mutually remise, release, quitclaim, and forever discharge the other and the estate of such other, for all times to come and for all purposes whatsoever, of and from any and all right, title and interest, or claims in or against the property (including income and gain from property hereafter accruing) of the other or against the estate of such other, of whatever nature and wheresoever situate, which he or she now has or at any time hereafter may have against such other, the estate of such other, or any part thereof, whether arising out of any former acts, contracts, engagements, or liabilities of such other as by way of dower or curtesy, or claims in the nature of dower or curtesy or widow's or widower's rights, family exemption, or similar allowance, or under the intestate laws, or the right to take against the spouse's Will; or the right to treat a lifetime conveyance by the other as testamentary, or all other rights of a surviving spouse to participate in a deceased spouse's estate, whether arising under the laws of (a) Pennsylvania, (b) any state, commonwealth or territory of the United States, or ( c ) any other country, or any rights which either party may have or at any time 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 Page 9 of 1.7 nature arising or which may arise under this Agreement or for the breach of any thereof. It is the intention of Husband and Wife to give to each other by execution of this Agreement a full, complete, and general release with respect to any and all property of any kind or nature, real or personal, not mixed. which the other now owns or may hereafter acquire, except and only except, all rights and agreements and obligations of whatsoever nature arising or which may arise under this Agreement or for the breach of any thereof. 6.3 Bankruptcy. The parties agree that any and all financial obligations assumed herein shall not be subject to discharge through bankruptcy proceedings. This includes, but is not limited to, all financial obligations assumed under Paragraphs 3.9 and 4.1 of this Agreement. In the event either party attempts to avoid financial obligations described herein through bankruptcy proceedings the other party shall have an independent claim against the party claiming bankruptcy for any and all sums that the other party assumes or is required to pay due to the actions of the party claiming bankruptcy. Further, all rights available to the other party provided for in this Agreement shall be available to the party not filing bankruptcy. 6.4 Warranties. Each party represents that they have not heretofore incurred or contracted for any debt or liability or obligation for which the estate of the other party may be responsible or liable, except as may be provided for in this Agreement. Each party agrees to indemnify or hold the other party harmless from and against any and all such debts, liabilities or obligations of every kind, including those for necessities, except for the obligations arising out of this Agreement. Husband and Wife each warrant, covenant, represent and agree that each will, now and at all times hereafter, save harmless and keep the other indemnified from all debts, charges, Page 10 of 17 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. 6.5 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 breach hereof or default hereunder shall be deemed a waiver of any subsequent default of the same or similar nature. 6.6 Husband and Wife covenant and agree that they will forthwith 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. 6.7 This Agreement shall be construed in accordance with the laws of the Commonwealth of Pennsylvania which are in effect as of the date of the execution of this Agreement. 6.8 This Agreement shall be binding and shall inure to the benefit of the parties hereto and their respective heirs, executors, administrators, successors and assigns. 6.9 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. Page 11 of 17 6.10 Severability. 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 party to meet his or her obligation under any one or more of the articles and sections herein shall in no way void or alter the remaining obligations of the parties. 6.11 It is specifically understood and agreed that this Agreement constitutes the 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. 6.12 Disclosure. The parties each warrant and represent to the other that he or she has made a full and complete disclosure to the other of all assets of any nature whatsoever in which party has an interest, of the sources, and amount of the income of such party of every type whatsoever, and all other facts relating to the subject matter of this Agreement. 6.13 Enforceability and Consideration. 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 Page 12 of 17 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 is stipulated, confessed, and admitted by the parties, and the parties intend to be legally bound hereby. In the event either party breaches 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 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 the event of breach, the non-breaching party shall have the right, at his or her election, to sue for damages for such breach or to seek such other and additional remedies as may be available to him or her including equitable enforcement of this Agreement. IN WITNESS WHEREOF, the parties hereto have set their hands and seals the day and year first above written. WITNESSED BY: /,?q hn?ir Dat XR. Hall, Jr. &_ Date Erin L (VII Page 13 of 17 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND On this /5'}h day of 2008, before me, the undersigned officer, personally appeared JON R. HALL, JR., known to me (or satisfactory proven) to be the person whose name is subscribed to the within Agreement and acknowledged that he executed the same for the purpose therein contained. IN WITNESS WHEREOF, I hereunto set my hand and official seal. 01 No ary Publi COMMONWEALTH OF PENNSYLVANIA Notarial Seal Kimberly A. Hall, Notary Public Camp Hill Boro, Cumberland County MY Commission Expires OF PENNSYLVANIA Ass Sept. o • Member, Pennsylvania Association of of Notaries COUNTY OF (,t t, AN u IJ On this day of a" V -A "L- `/ , 200 before me, the undersigned officer, personally appeared ERIN L. HALL, known to me (or satisfactor proven) to be the person whose name is subscribed to the within Agreement and acknowledged that she executed the same for the purpose therein contained. IN WITNESS WHEREOF, I hereunto set my hand and official seal. Notary Public ?EA "One F I "O"M WON My Cww*sbn NON cftw ftkt Oft zo, ZOp4 Page 14 of 17 E tA312 1A190" yw.lvM ylmw:> Nt7Y "44* ITWI PU')W E0 ?iS 0 aovgx? f ?Ofalmrmv :) yM . t SCHEDULE "A" HUSBAND'S PERSONAL PROPERTY Home and property located at 15 Independence Drive, Mt. Holly Springs, Cumberland County, Pennsylvania 17065. Page 15 of 17 SCHEDULE "B" WIFE'S PERSONAL PROPERTY Page 16 of 17 N ..o C?` rn Fn tU -t JON R. HALL, JR., : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA VS. : NO. 08-4547 ERIN L. HALL, : CIVIL ACTION - LAW Defendant : IN DIVORCE AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under Section 3301( c) or (d) of the Divorce Code was filed on July 29, 2008. 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety (90) days have elapsed from the date of tiling and service of the Complaint. 3. I consent to the entry of a final decree in divorce after service of notice of intention to request entry of the decree. I verify that the statements made in this affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. §4904 relating to unsworn falsification to authorities. DATED: 3 1 " 5 a? Erin L. Hall Defendant t'3 ?v c? 5 t7 C ? £.L N JON R. HALL, JR., : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA VS. : NO. 08-4547 ERIN L. HALL, : CIVIL ACTION - LAW Defendant : IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER § 33010 OF THE DIVORCE CODE i . 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. 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 subject to the penalties of 18 Pa.C.S. § 4904 relating to unsworn falsification to authorities. DATE-()I-()5- Erin Erin L. Hal Defendant t> ? ` ?-, ,,= ? + - a?. ???? -- ' ? ; '?? -=r ? ? ? ?? ? ..?.. -,? f • JON R. HALL, JR., : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA VS. : NO. 08-4547 ERIN L. HALL, : CIVIL ACTION - LAW Defendant : IN DIVORCE PRAECIPE TO TRANSMIT RECORD TO THE PROTHONOTARY: Transmit the record, together with the following information, to the Court for entry of a divorce decree: 1. Ground for divorce: irretrievable breakdown under Section 3301(c) of the Divorce Code. 2. Date and manner of service of the complaint: By Certified Mail, Restricted Delivery, Return Receipt Requested on July 29, 2008. Defendant accepted same on August 13, 2008. See the Affidavit of Service filed to the above term and number. 3. Complete either paragraph (a) or (b): (a) Date of execution of the affidavit of consent required by Section 3301(c) of the Divorce Code: by Plaintiff November 22.2008 ; by Defendant January 5.2009 (b)(1) Date of execution of the Plaintiffs affidavit required by Section 3301(d) of the Divorce Code: (2) Date of service of the Plaintiffs affidavit upon the Defendant: 4. Related claims pending: None 5. (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: December 1, 2008. Date defendant's Waiver of Notice in §3301(c) Divorce was filed with the prothonotary: Concurrently herewith. Each parry has filed a Waiver of the Notice of Intention to Request Entry of A Divorce Decree. I Mark A. Mateya, Es ire P.O. Box 127 Boiling Springs, PA 17007 (717) 241-6500 Attorney for Plaintiff f ' ?' jeJ W.3 C:M ? "" r r IN THE COURT OF COMMON PLEAS OF John R. Hall CUMBERLAND COUNTY, PENNSYLVANIA , Jr., V. Erin L. Hall DIVORCE DECREE AND NOW, it is ordered and decreed that John R. Hall, Jr., , plaintiff, and Erin L. Hall , defendant, are divorced from the bonds of matrimony. Any existing spousal support order shall hereafter be deemed an order for alimony pendente lite if any economic claims remain pending. The court retains jurisdiction of any claims raised by the parties to this action for which a final order has not yet been entered. Those claims are as follows: (If no claims remain indicate "None.") The Marriage Settlement Agreement entered into by and between the parties is incorporated u no merge into e Divorce Decree By the Court, NO. 08-4547 Aft J. Prothonotary >- M. ON LO n GJ 0 0- tA- cr% =3 N i era,