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HomeMy WebLinkAbout09-0341 14 CHRISTOPHER L. DULL, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. : CIVIL ACTION -LAW ELAINE C. DULL, NO. 0 3 ?' CIVIL TERM Defendant IN DIVORCE NOTICE TO DEFEND AND CLAIM RIGHTS You have been sued in Court. If you wish to defend against the claims set forth in the following pages, you must take prompt action. You are warned that if you fail to do so, the case will proceed without you and a decree of divorce or annulment may be entered against you for any claim or relief requested in these papers by the Plaintiff. You may lose money or property or other rights important to you, including custody or visitation of your children. When the ground for the divorce is indignities or irretrievable breakdown of the marriage, you may request marriage counseling. A list of marriage counselors is available in the Office of the Prothonotary at Cumberland County Courthouse, Carlisle, Cumberland County, Pennsylvania, 17013. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. CUMBERLAND COUNTY BAR ASSOCIATION 32 South Bedford Street Carlisle, Pennsylvania 17013 Phone: (717) 249-3166 or (800) 990-9108 CHRISTOPHER L. DULL, Plaintiff V. ELAINE C. DULL, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION -LAW :NO. 09- 3 y CIVIL TERM : IN DIVORCE COMPLAINT IN DIVORCE NO FAULT 1. Plaintiff is Christopher L. Dull, an adult individual currently residing at 164 Rustic Drive, Shippensburg, Cumberland County, Pennsylvania. 2. Defendant is Elaine C. Dull, an adult individual currently residing at 6261 Mountain View Drive Chambersburg, Franklin County, Pennsylvania. 3. Plaintiff is a bonafide resident of the Commonwealth of Pennsylvania and has been so for at least six months immediately previous to the filing of this Complaint. 4. Plaintiff and Defendant were married on October 18, 1997, in Bedford County, Pennsylvania. 5. There have been no other prior actions for divorce or annulment between the parties. 6. Plaintiff has been advised of the availability of counseling and the right to request that the Court require the parties to participate in counseling. Knowing this, Plaintiff does not desire that the Court require the parties to participate in counseling. 7. Plaintiff and Defendant are citizens of the United States of America. 8. The parties' marriage is irretrievably broken. 9. Plaintiff desires a divorce based upon the belief that the Defendant will, ninety (90) days from the date of service of this Complaint, consent to this divorce. WHEREFORE, Plaintiff requests your Honorable Court to enter a divorce pursuant to 23 P.S. Section 3301(c) of the Domestic Relations Code. Respectfully submitted, Hannah Herman Snyder, Esqu re Attorney for Plaintiff GRIFFIE & ASSOCIATES 200 North Hanover Street Carlisle, PA 17013 (717) 243-5551 (800) 347-5552 VERIFICATION I verify that the statements made in the foregoing document are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904, relating to unsworn falsifications to authorities. N DATE: L :af CHRISTOP R L. DULL, Plaintiff +A ?7 7 3 A h b a R IN d CHRISTOPHER L. DULL, Plaintiff V. ELAINE C. DULL, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION -LAW NO. 09-341 CIVIL TERM IN DIVORCE AFFIDAVIT OF SERVICE I, Hannah Herman-Snyder, Esquire, counsel of record for Plaintiff, state that a true and attested copy of a Complaint in Divorce was sent to Defendant, Elaine C. Dull, at her address of 6261 Mountain View Drive, Chambersburg, Franklin County, Pennsylvania, by certified mail, restricted delivery. A copy of said receipt is attached hereto indicating service was made on February 7, 2009. NLWIL? IM1iM11? ;WL Sworn and subscribed to e this day befor;Pl-ar-L 4 , 2009 of ?li-U %A ,? 6 N L 4INa n.: -Ay? N Hannah Herman-Snyder, Esquire Attorney for Plaintiff GRIFFIE & ASSOCIATES 200 North Hanover Street Carlisle, PA 17013 (717) 243-5551 (800) 347-5552 ?+wrr?e I'M .. O . . • . delivery information visit our viebsite at WWVV,USPS.(;Cffl _o U1 Postage $ C?d Certified Fee r1.1 C3 C3 O Retum Receipt Fee (E reement Required) n Here Restricted Delivery Fee (Eneo em nt R ired) rid C3 equ rs e 3 ? 5 r1J I r O Total Postage & Fees s ? 7 SOW TO ------ --------- --------- C3 ?? t o./'/? 1 or PO Box No. K17Y./._1.?:?fl Cd! ?h_ -------------- - - ZrP3 sire . ,r !>f l 7 ¦ Complete Items 1, 2, and & Abo ce?r*4 !, item 4 if Restated Delivery Is desired. ¦ Pt" your rwnre and eddnas.oa,the reverse so that we can retum the card 10 Pratt. Attach this card to the back of the mailpiece, or on the hart If space permits. _ 1. AiWe Addressed to: E"4a/1, e e. /7WY 2. ArWe NMV*W (inns wftm ad V" hw - PS Forth 3811, February 2004 526 6193 Agent dresser X? LIV ? 0 -Ad B. Reoslved by (P"d Nwm) 10. DP(f DeNvey D. Is d@Nuety address dWerent ttam bm 1? 'U ree B YES, enter delivery address below: 0 No 3. Service lype M?CerWfed mail 0 Express Mob 0 Replatered MAW= Receipt fbr Msrdwx ise 0 kmrsd me 0 C.O.D. 4, Rued DeNveryf (Reba Feet/ 1tlbe 7007 0220 0 1025135-MA&' t` C p P A CHRISTOPHER L. DULL, Plaintiff V. ELAINE C. DULL, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION -LAW NO. 09-341 CIVIL TERM IN DIVORCE AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under §3301(c) of the Divorce Code was filed on January 23, 2009, and service was made on February 7, 2009 by certified mail, restricted delivery. 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety (90) days have elapsed from the date of filing and service of the Complaint. 3. I consent to the entry of a final Decree of Divorce after service of notice of intention to request entry of the decree. I VERIFY THAT THE STATEMENTS MADE IN THE FOREGOING AFFIDAVIT ARE TRUE AND CORRECT. I UNDERSTAND THAT FALSE STATEMENTS HEREIN ARE MADE SUBJECT TO THE PENALTIES OF 18 Pa.C.S. §4904 RELATING TO UNSWORN FALSIFICATION TO AUTHORITIES. _?_Of (rA DATE: CHRISTOPHER L. DULL, Plaintiff OF 4WMM. M JO -4 M 3:17 L" m CHRISTOPHER L. DULL, Plaintiff v. ELAINE C. DULL, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 09-341 CIVIL TERM IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REQUEST THE ENTRY OF A DIVORCE DECREE UNDER 43301(c) OF THE DIVORCE CODE 1. I consent to the entry of a final decree in divorce without notice. 2. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if I do not claim them before a divorce is granted. 3. I understand that I will not be divorced until a divorce decree is entered by the Court and that a copy of the decree will be sent to me immediately after it is filed with the Prothonotary. I VERIFY THAT THE STATEMENTS MADE IN THE FOREGOING AFFIDAVIT ARE TRUE AND CORRECT. I UNDERSTAND THAT FALSE STATEMENTS HEREIN ARE MADE SUBJECT TO THE PENALTIES OF 18 Pa.C.S. §4904 RELATING TO UNSWORN FALSIFICATION TO AUTHORITM . I c- mss-, DATE: vi?24" i CHRISTOP ER L. DULL, Plainti OF 4i"TARY JUN -4 P 3' 17 Fr CHRISTOPHER L. DULL, Plaintiff V. ELAINE C. DULL, Defendant IN TIE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW NO. 09-341 CIVIL TERM IN DIVORCE AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under §3301 (c) of the Divorce Code was filed on January 23, 2009, and service was made on February 7, 2009 by certified mail, restricted delivery. 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety (90) days have elapsed from the date of filing and service of the Complaint. 3. I consent to the entry of a final Decree of Divorce after service of notice of intention to request entry of the decree. I VERIFY THAT THE STATEMENTS MADE IN THE FOREGOING AFFIDAVIT ARE TRUE AND CORRECT. I UNDERSTAND THAT FALSE STATEMENTS HEREIN ARE MADE SUBJECT TO THE PENALTIES OF 18 Pa.C.S. §4904 RELATING TO UNSWORN FALSIFICATION TO AUTHORITIES. DATE: ELAINE C. DULL, Defendant ME a"??orM+r 30 JO -b P# 3:17 NL? 'A-AM v" CHRISTOPHER L. DULL, Plaintiff V. ELAINE C. DULL, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION -LAW NO. 09-341 CIVIL TERM IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REQUEST THE ENTRY OF A DIVORCE DECREE UNDER 43301(c) OF THE DIVORCE CODE 1. I consent to the entry of a final decree in divorce without notice. 2. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if I do not claim them before a divorce is granted. 3. I understand that I will not be divorced until a divorce decree is entered by the Court and that a copy of the decree will be sent to me immediately after it is filed with the Prothonotary. I VERIFY THAT THE STATEMENTS MADE IN THE FOREGOING AFFIDAVIT ARE TRUE AND CORRECT. I UNDERSTAND THAT FALSE STATEMENTS HEREIN ARE MADE SUBJECT TO THE PENALTIES OF 18 Pa.C.S. §4904 RELATING TO UNSWORN FALSIFICATION TO AUTHORITIES. DATE: L o - 01- 0 q &La_?n? C, ELAINE C. DULL, Defendant cwle4'++osm 21W J1--4 P 3:17 _fiLt ,4b GOUNTY . s PROPERTY AND SEPARATION AGREEMENT BETWEEN CHRISTOPHER L. DULL AND ELAINE C. DULL GRIFFIE AND ASSOCIATES 200 NORTH HANOVER STREET CARLISLE, PA 17013 THIS AGREEMENT, made this 41*' day of 0.y , 2009, by and between CHRISTOPHER L. DULL, of 164 Rustic Drive, Shippensburg, Pennsylvania, party of the first part, hereinafter referred to as "Husband", AND ELAINE C. DULL, of 6261 Mountain View Drive, Chambersburg, Pennsylvania, parry of the second part, hereinafter referred to as "Wife", WITNESSETH: WHEREAS, the parties hereto are Husband and Wife, having been married on October 18, 1997, in Bedford County, Pennsylvania. There was one child born of this marriage, Brock Anthony Dull, born June 18, 1999. WHEREAS, diverse unhappy differences, disputes and difficulties have arisen between the parties and it is the intention of Wife and Husband to live separate and apart, and the parties hereto are desirous of settling their respective financial rights and obligations as between each other including the settling of matters between them relating to the past, present and future support and/or maintenance of Wife by Husband and Husband by Wife. WHEREAS, the parties hereto wish finally and for all time to settle and determine their respective property and other rights growing out of their marital relation; wish to live separate and apart; and, wish to enter into this property and separation Agreement; WHEREAS, both and each of the parties hereto have been advised of their legal rights and the implications of this Agreement and the legal consequences which may and will ensue from the execution hereof; WHEREAS, Wife acknowledges that she is thoroughly conversant with and knows accurately the size, degree, and extent of the estate and income of Husband, and Husband acknowledges that he is thoroughly conversant with and knows accurately the size, degree and extent of the estate and income of Wife; NOW, THEREFORE, in consideration of the mutual promises, covenants and undertakings hereinafter set forth which are hereby acknowledged by each of the parties hereto, Wife and Husband, each intending to be legally bound hereby, covenant and agree as follows: 1. ADVICE OF COUNSEL: This Agreement has been prepared by Hannah Herman-Snyder, Esquire, attorney for Husband. Said attorney at the commencement of and at all stages during the negotiation of this Agreement informed Wife that she has acted solely as counsel for Husband and has not advised or represented Wife in any manner whatsoever. Wife, at the commencement of and all stages during the negotiations of this Agreement has been informed by Hannah Herman-Snyder, Esquire, that she has a right to be represented by her own counsel and having encouraged her to seek the advice of counsel. Wife has read this Agreement carefully and thoroughly understands each provision and therefore signs it freely and voluntarily. 2. WARRANTY OF DISCLOSURE: The parties warrant and represent that they have made a full disclosure of all assets and their valuation prior to the execution of this Agreement. This disclosure was in the form of an informal exchange of information by the parties' attorneys and/or parties and this Agreement between the parties is based upon this disclosure. 3. MUTUAL RELEASE: Husband and Wife each do hereby mutually remise, release, quitclaim, and forever discharge the other and the estate of such other, for all times to come and for all purposes whatsoever, of and from any and all right, title and interest, or claims in or against the property (including income and gain from property hereafter accruing) of the other or against the estate of such other, of whatever nature and wheresoever situate, which he or she now has or at any time hereafter may have against such other, the estate of such other, or any part thereof, whether arising out of any former acts, contracts, engagements, or liabilities of such other as by way of dower or curtesy, or claims in the nature of dower or curtesy or widow's or widower's rights, family exemption, or similar allowance, or under the intestate laws, or the right to take against the spouse's Will; or the right to treat a lifetime conveyance by the other as testamentary, or all other rights of a surviving spouse to participate in a deceased spouse's estate, whether arising under the laws of (a) Pennsylvania, (b) any state, commonwealth or territory of the United States, or (c) any other country, or any rights which either party may have or at any time hereafter have for past, present, or future support or maintenance, alimony, alimony pendente lite, counsel fees, costs or expenses, whether arising as a result of the marital relation or otherwise, except and only except, all rights and agreements and obligations of whatsoever nature arising or which may arise under this Agreement or for the breach of any thereof. It is the intention of Husband and Wife to give to each other by execution of this Agreement a full, complete, and general release with respect to any and all property of any kind or nature, real or personal, not mixed, which the other now owns or may hereafter acquire, except and only except, all rights and agreements and obligations of whatsoever nature arising or which may arise under this Agreement or for the breach of any thereof. 4. PERSONAL RIGHTS AND SEPARATION: Wife and Husband may and shall, at all times hereafter, live separate and apart. They shall be free from any control, restraint, interference or authority, direct or indirect, by the other in all respects as if they were unmarried. They may reside at such place or places as they may select. Each may, for his or her separate use or benefit, conduct, carry on and engage in any business, occupation, profession or employment which to him or her may seem advisable. Wife and Husband shall not molest, harass, disturb or malign each other or the respective families of each other nor compel or attempt to compel the other to cohabit or dwell by any means or in any manner whatsoever with him or her. 5. AGREEMENT NOT A BAR TO DIVORCE PROCEEDINGS. This Agreement shall not be considered to affect or bar the right of Wife or Husband to a limited or absolute divorce on lawful grounds if such grounds now exist or shall hereafter exist or to such defense as may be available to either party. This Agreement is not intended to condone and shall not be deemed to be a condonation on the part of either party hereto of any act or acts on the part of the other party which have occasioned the disputes or unhappy differences which have occurred prior to or which may occur subsequent to the date hereof. The parties intend to secure a mutual consent, . . I . no-fault divorce pursuant to the terms of Section 3301 (c) or (d) of the Divorce Code of 1980. 6. AGREEMENT TO BE INCORPORATED IN DIVORCE DECREE: The parties agree that the terms of this Agreement may be incorporated into any divorce decree which may be entered with respect to them. Notwithstanding such incorporation, this Agreement hall not be merged in the decree, but shall survive the same and shall be binding and conclusive on the parties for all times. 7. DATE OF EXECUTION: The "date of execution" or "execution date" of this Agreement shall be defined as the date upon which it is executed by the parties if they have each executed the Agreement on the same date. Otherwise, the "date of execution" or "execution date" of this Agreement shall be defined as the date of execution by the party last executing this Agreement. 8. PERSONAL PROPERTY: Husband and Wife do hereby acknowledge that they have previously divided their tangible personal property, except as set forth herein, including, but without limitation, jewelry, clothes, furniture, furnishings, rugs, carpets, household equipment and appliances, pictures, books, works of art and other personal property and hereafter Wife agrees that all of the property in the possession of Husband shall be the sole and separate property of Husband; and Husband agrees that all of the property in the possession of Wife shall be the sole and separate property of Wife. The parties do hereby specifically waive, release, renounce and forever abandon whatever claims, if any, he or she may have with respect to the above items which shall become the sole and separate property I of the other, with full power to him or her to dispose of the same as fully and effectually, as though he or she were unmarried. 9. BANK ACCOUNTS: For the mutual promises and covenants contained in this Agreement, Husband and Wife hereby waive all right, title, claim or interest they may have to equitable distribution in their respective bank accounts, checking or savings, if any, and each party waives against the other any duty of accounting for disposition of any jointly held funds. The parties hereby confirm their prior equal distribution of the contents of their joint accounts and neither shall hereafter make any claim against the other regarding the same. 10. MOTOR VEHICLES: With respect to the motor vehicles owned by one or both parties, the parties agree as follows: A. The 2001 Mercury Cougar currently in Wife's possession shall remain the sole and exclusive property of Wife. Husband shall waive any right, title and interest he has or may have in said vehicle by signing over the title to Wife within ten (10) days of execution of this Agreement. B. The 2000 Ford Ranger currently in Husband's possession shall remain the sole and exclusive property of Husband. Wife shall waive any right, title, and interest she has or may have in said vehicle. C. The 1998 Mazda 626 currently in Husband's possession shall remain the sole and exclusive property of Husband. Wife shall waiver any right, title, and interest she has or may have in said vehicle by signing over the title to Husband within ten (10) days of the execution of this Agreement. D. The 1984 FJ-1100 Yamaha currently in Husband's possession shall remain the sole and exclusive property of Husband. Wife shall waiver any right, title, and interest she has or may have in said vehicle by signing over the title to Husband within ten (10) days of the execution of this Agreement. 11. AFTER-ACQUIRED PERSONAL PROPERTY: Each of the parties shall hereafter own and enjoy, independently of any claim or right of the other, all items of personal property, tangible or intangible, hereafter acquired by him or her after the parties date of separation, with full power, in him or her to dispose of the same as fully and effectively, in all respects and for all purposes, as though he or she were unmarried. 12. REAL ESTATE: A. The parties are joint owners of real estate located at 164 Rustic Drive, Shippensburg, Cumberland County, Pennsylvania. Said property is a trailer, which is jointly titled. Said property has no encumbrance. From the time of execution of this Agreement forward, Wife shall waive any right, title and interest she has or may have in said trailer and shall sign over the title and any other documents necessary to effectuate said waiver of her interest within ten (10) days of the execution of this Agreement. . i B. The parties are joint owners of real estate located at 715 West First Street, Williamsburg, Blair County, Pennsylvania. Said property is owned in joint names as tenants by the entireties. The property is encumbered with a mortgage due and owing to Orrstown Bank. From the time of execution of this Agreement forward, Wife shall be solely and exclusively responsible for the repayment of the mortgage due and owing to Orrstown Bank and will indemnify Husband and hold him harmless from and against any and all demands for payment or collection activity of any nature whatsoever. In addition, Wife shall assume/refinance the mortgage and be responsible for all costs in any amount sufficient to pay the mortgage in full and thereby remove Husband as an obligor on said mortgage. At the time of the assumption/refinance, Husband shall execute a deed conveying his interest in said property and shall provide the deed to Wife at the time of the assumption/refinance. Husband shall make no claim of any nature whatsoever relative to any legal or equitable interest in the aforesaid real estate from the date of execution and delivery of the deed forward, except as set forth below. Wife shall assume/refinance the mortgage within thirty (30) days of the execution of this Agreement. C. The parties acknowledge that Husband owns property in Fulton County with a friend, with a right of survivorship, and Wife shall waive any right, title and interest she has or may have in said real estate. . .. For mutual promises contained within this Agreement, the parties are each waiving their interest in the above properties as set forth. Neither party shall make any claim against the other after the execution of this Agreement. 13. PENSION, RETIREMENT, PROFIT SHARING AND INVESTMENTS: A. The parties recognize that Wife has a 401(k) as a result of her employment with T.B. Woods. For the mutual promises and covenants contained in this Agreement, Husband hereby waives all right, title, claim and interest he has or may have by equitable distribution, or otherwise, in Wife's 401(k). B. The parties recognize that Husband has a 401(k) as a result of his employment with Lane Enterprises, as well as a Roth IRA and other investments including but not limited to mutual funds, savings bonds, and stock. For the mutual promises and covenants contained to this Agreement, Wife hereby waives all right, title, claim, or interest she has or may have by equitable distribution in said retirement, profit sharing, and investments. C. Each party specifically waives any and all rights to pre-retirement death benefits and survivor benefits under the other's pension or retirement plan(s) and each acknowledges that the effect of this waiver is that he or she will not be entitled to any benefits whatsoever from these contracts, plans or accounts if the other dies before or after reaching retirement age and each agrees and unequivocally consents to the designation by the other of any alternate or further beneficiaries at any time. 14. TAXES FOR 2008 AND FORWARD: The parties shall file their Federal, State, and Local Income Taxes jointly and shall share equally in any tax refund for the 2008 tax year. If there is anything due and owing on any taxes, for the 2008 tax year, the parties shall share equally in that liability. Starting the 2009 tax year, the parties shall alternate claiming their child, Brock Anthony Dull, for tax purposes with Wife claiming him for the 2009 tax year and all odd numbered years thereafter. Husband shall claim Brock for tax purposes for the 2010 tax year and all even numbered years thereafter. 15. LIFE INSURANCE: Each party agrees that the other party shall have sole ownership and possession of any life insurance policies owned by the other, with the right to designate a beneficiary as each of the party sees fit for their respective policy. 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 policies. 16. DEBTS: Except as otherwise herein expressly provided, the parties shall and do hereby mutually remise, release and forever discharge each other from any and all actions, suits, debts, claims, demands and obligations whatsoever, both in law and in equity, which either of them ever had, now has, or may hereafter have against the other upon or by reason of any matter, cause or thing up to the date of the execution of this Agreement. In the event that either party becomes a debtor in bankruptcy or financial reorganization proceedings of any kind while any obligations remain to be performed by that party for the benefit of the other party pursuant to the provision of this Agreement, the debtor spouse hereby waives, releases and relinquishes any right to claim any exemption (whether granted under state or federal law) to any property remaining in the debtor as a defense to any claim made pursuant hereto by the creditor spouse, and the debtor spouse hereby assigns, transfers, and conveys to the creditor spouse an interest in all of the debtor's exempt property sufficient to meet all obligations to the creditor spouse as set forth herein, including all attorney's fees and costs incurred in the enforcement of this paragraph or any other provision of this Agreement. No obligation created by this Agreement shall be discharged or dischargeable, regardless of federal or state law to the contrary, and each party waives any and all right to assert that any obligation hereunder is discharged or dischargeable. The failure of any party to meet his or her obligations under any one or more of the paragraphs herein, with the exception of the satisfaction of conditions precedent, shall not in any way void or alter the remaining obligations of either of the parties. 17. WARRANTY AS TO EXISTING OBLIGATIONS: Each party represents that they have not heretofore incurred or contracted for any debt or liability or obligation for which the estate of the other party may be responsible or liable except as may be provided for in this Agreement. Each party agrees to indemnify or hold the other party harmless from and against any and all such debts, liabilities or obligations of every kind which may have heretofore been incurred by them, including those for necessities, except for the obligations arising out of this Agreement. 18. WARRANTY AS TO FUTURE OBLIGATIONS Wife and Husband each covenant, warrant, represent and agree that each will now and at all times hereafter save harmless and keep the other indemnified from all debts, charges and liabilities incurred by the other after the execution date of this Agreement, except as may be otherwise specifically provided fro by the terms of this Agreement and that neither of them shall hereafter incur any liability whatsoever for which the estate of the other may be liable. 19. ALIMONY, ALIMONY PENDENTE LITE SPOUSAL SUPPORT AND MAINTENANCE: A. Husband hereby waives any right or claim of any nature whatsoever relative to alimony, alimony pendente lite, spousal support, spousal maintenance, counsel fees and expenses against Wife. B. Wife hereby waives any right or claim of any nature whatsoever relative to alimony, alimony pendente lite, spousal support, spousal maintenance, counsel fees and expenses against Husband. 20. CUSTODY The parties are the natural parents of one child, namely Brock Anthony Dull, born June 18, 1999, and agree that they shall share legal custody of the child. The parties further agree they shall equally share physical custody of the child. 21. BANKRUPTCY: The respective duties, covenants and obligations of each party under this Agreement shall not be dischargeable by bankruptcy, but if any bankruptcy court should discharge a party of accrued obligations to the other, this Agreement shall continue in full force and effect thereafter as to any duties, covenants and obligations accruing or to be performed thereafter. . . . 22. DIVORCE: Husband has commenced an action for divorce from Wife pursuant to Section 3301 (c) of the Pennsylvania Divorce Code (irretrievable breakdown) by the filing of a Divorce Complaint as the parties have agreed to consent to a divorce. After a period of ninety (90) days has passed from service of the Divorce Complaint on Wife, both parties agree that they shall each sign an Affidavit of Consent and Waiver of Notice of Intention to Request the Entry of a Divorce Decree evidencing that each of them consents to the divorce and each shall provide said document to counsel for Husband. It is further agreed and understood that any Decree of Divorce issuing in this matter shall reflect the fact that Husband shall bear the cost of same in his individual capacity. A. Each of the parties agree that this Agreement represents a complete and final agreement as to their respective property rights which arose from the marital relation and therefore mutually waive any and all rights they may have under Section 3501 (Equitable Distribution) of the Pennsylvania Code, Act No. 1990-206. B. This Agreement may be offered in evidence in the action for divorce and may be incorporated by reference in the decree to be granted therein. Notwithstanding such incorporation, this Agreement shall not be merged in the decree, but shall survive the same and shall be binding and conclusive on the parties for all time. 23. LEGAL FEES: In the review and preparation of this Agreement, each party shall bear his/her own legal fees. 24. REMEDY FOR BREACH: If either party breaches any provision of this Agreement, the other party shall have the right, at his or her election, either to sue for damages for such breach, in which event the breaching party shall be responsible for payment for reasonable legal fees and costs incurred by the other in enforcing their rights hereunder, or to seek such other remedies or relief as may be available to him or her. 25. EQUITABLE DISTRIBUTION: It is specifically understood and agreed that this Agreement constitutes an equitable distribution of property, both real and personal, which was legally and beneficially acquired by Husband and Wife or either of them during the marriage as contemplated by The Act of December 19, 1990 (P.L. No. 1240, No. 206) known as "The Divorce Code," 23 P.S. 3501 et seq. of the Commonwealth of Pennsylvania, and as amended. 26. SUMMARY OF EFFECT OF AGREEMENT: It is specifically understood and agreed by and between the parties hereto, and each party accepts the provisions herein made in lieu of and in full settlement and satisfaction of any and all of said parties' rights against the other for any past, present and future claims on account of support, maintenance, alimony, alimony pendente lite, counsel fees, costs and expenses, equitable distribution of marital property and any other claims of each party, including all claims raised by them in the divorce action pending between the parties. 27. TAX CONSEQUENCES: By this agreement, the parties have intended to effectuate and have equitably divided their marital property. The parties have determined that such equitable division conforms to a right and just standard with regard to the rights of each party. The division of existing marital property is not, except as may be otherwise expressly provided herein, intended by the parties to constitute in any way a sale or exchange of assets and the division is being effected without the introduction of outside funds of other property not constituting a part of the marital estate. 28. MUTUAL COOPERATION/DUTY TO EFFECTUATE AGREEMENT: Each party shall, at any time and from time to time hereafter, take any and all steps and execute, acknowledge, and deliver to the other party any and all further instruments and/or documents that the other party may reasonably require for the purpose of giving full force and effect to the provisions of this Agreement. 29. RECONCILIATION: The parties shall only effect a legal reconciliation which supersedes this agreement by their signed agreement containing a specific statement that they have reconciled and that this agreement shall be null and void; otherwise, this agreement shall remain in full force and effect. Further, the parties may attempt a reconciliation, which action, if not consummated by the aforesaid agreement, shall not affect in any way the legal effect or this agreement or cause any new marital rights or obligations to accrue. 30. SEVERABILITY: The parties agree that the separate obligations contained in this Agreement shall be deemed to be interdependent. If any term, clause, or provision of this Agreement shall be determined by a court of competent jurisdiction to be invalid or unenforceable, then the parties agree that the Agreement may be reviewed and renegotiated in order to fulfill as closely as possible the purpose of the invalid provision. Notwithstanding any release contained herein, the parties intend that they may reinstate any and all economic claims to the extent available under the Divorce Code of 1980. Further, any court of competent jurisdiction may, under the equitable provisions and purposes of the Divorce Code, reinstate any economic claim which was available at the time of the parties' separation or avoid any waiver herein contained to renegotiate or effectuate as nearly as possible the purpose of the unenforceable provision. 31. NO WAIVER OF DEFAULT: This Agreement shall remain in full force and effect unless and until terminated under and pursuant to the terms of this Agreement. The failure of either party to insist upon strict performance of any of the provisions of this Agreement shall in no way affect the right of such party hereafter to enforce the same, nor shall the waiver of any breach of any provision hereof be construed as a waiver of any subsequent default of the same or similar nature, nor shall it be construed as a waiver of strict performance of any other obligations herein. 32. INTEGRATION: This Agreement constitutes the entire understanding of the parties and supersedes any and all prior agreements and negotiations between them. There are no representations or warranties other than those expressly set forth herein. This Agreement shall survive integration by any court into any judgment for divorce and shall continue to have independent legal significance as written contract separate from such judgment for divorce and may be enforced as an independent contract. 33. EFFECT OF DIVORCE DECREE: The parties agree that unless otherwise specifically provided herein, this Agreement shall continue in full force and effect after such time as a final decree in divorce may be entered with respect to the parties. 34. NOTICES: Any and all notices given hereunder shall be in writing and shall be sent registered mail, return receipt requested: A. To the Husband, in care of Hannah Herman-Snyder, 200 North Hanover Street, Carlisle, Pennsylvania 17013. B. To the Wife, at 6261 Mountain View Drive, Chambersburg, Pennsylvania, 17201. 35. WAIVER OR MODIFICATION TO BE IN WRITING: No modification or waiver of any of the terms hereof shall be valid unless in writing and signed by both parties and no waiver of any breach hereof or default hereunder shall be deemed a waiver of any subsequent default of the same or similar nature. d, 36. CAPTIONS: The captions of this Agreement are inserted only as a matter of convenience and for reference and in no way define, limit or describe the scope and intent of this Agreement, nor in any way effect this Agreement. 37. AGREEMENT BINDING ON HEIRS: The Agreement shall be binding and shall inure to the benefit of the parties hereto and their respective heirs, executors, administrators, successors and assigns. 38. LAW OF PENNSYLVANIA APPLICABLE: This Agreement shall be construed in accordance with the laws of the Commonwealth of Pennsylvania. 39. SUBSEQUENTLY DISCOVERED PROPERTY PENALTY FOR NONDISCLOSURE: Should either of the parties subsequently discover the existence of any marital property not distributed by this Agreement, said property shall be divided in the same proportion as this Agreement's equitable distribution of marital property (50150). However, if the existence of said property was knowingly concealed or its value misrepresented by one of the parties, said property shall be transferred in its entirety to the non-concealing party and the concealing party shall pay all costs, fees, and attorney's fees occasioned by the failure to disclose its existence or true value. IN WITNESS WHEREOF, the parties have set their hands and seals to two counterparts of this Agreement, each of which shall constitute an original, the day and year first above written. Witness: eal) Christop r L. ull (S--LOL-L? C-3?4 (Seal) Elaine C. Dull . '„ , ..r COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND ) SS. On this, the day of 2009, before me, a notary public, the undersigned officer, personally appeared Christopher L. Dull, known to me (or satisfactorily proven) to be the person whose name is subscribed to the within instrument, and acknowledged that he executed the same for the purposes therein contained. In Witness Whereof, I hereunto set my hand and notarial seal. NOTARIAL SEAL Cherbs A. What, Notary Publio Clxrrlba M Ca, Carlisle, PA My Commissbh Exores March W. 2010 COMMONWEALTH OF PENNSYLVANIA COUNTY OF FRANKLIN SS. On this, the A/ '0 day of 2009, before me, a notary public, the undersigned officer, personally appeared Elaine C. Dull, known to me (or satisfactorily proven) to be the person whose name is subscribed to the within instrument, and acknowledged that she executed the same for the purposes therein contained. In Witness Whereof, I hereunto set my hand and notarial seal. Notary Publi COMMONWEALTH OF PENNSY VANIA NOTARIAL SEAL Deborah S. Jacobs - Notary Public Chambersburg Boro., Franklin County -MY rOMMIMON P!R S Jt u Y 2Q, 2012 of oaM. 1 JUN -4 PM 3* 17 CHRISTOPHER L. DULL, Plaintiff V. ELAINE C. DULL, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION -LAW NO. 09-341 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: Irretrievable breakdown under §3301(c) 3301(d)(1) of the Diveme Cede. (Strike out inapplicable section). 2. Date and manner of service of the Complaint: by Affidavit of Service on February 7, 2009. 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. 06/02/09 by Defendant: 06/02/09 (b) (1) Date of execution of the affidavit required by §3301 (d) of the Divorce Code: (2) Date of filing and service of the plaintiffs affidavit upon the respondent: 4. Related claims pending: none 5. Complete either (a) or (b) (a) Date and manner of service of the notice of intention to file Praecipe to Transmit record, a copy of which is attached: (b) Date of plaintiffs Waiver of Notice in §3301 (c) Divorce was filed with the Prothonotary: June 4, 2009 Date defendant's Waiver of Notice in §3301 (c) Divorce was filed with the Prothonotary: June 4, 2009 N.)` A". Al X Hannah Herman-Snyder, Esquire Il GRIFFIE & ASSOCIATES Attorney for Plaintiff VE PROP4WTARY, JUN -4 P" T. 1 CL#A3EHLA'-tu GOU"T" IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Christopher L. Dull V. Elaine C. Dull NO. 2009-341 DIVORCE DECREE AND NOW, O , ->met , it is ordered and decreed that Christopher L. Dull , plaintiff, and Elaine C. Dull , 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.") IV & None. The parties' Property and Separation Agreement entered into on May 27, 2009 is incorporated herein, but not merged. ---7 By Attest: J. othonotary oc?, . ? °'? ?? c ? ,` w ?? ,,.? ? ' r"