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09-1169
!i JOHN K. GAUGHAN, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION - LAW NO. OQ - 1149 eu? JEAN E. GAUGHAN, 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 by the court. A judgment may also 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 grounds 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, 1 Courthouse Square, Carlisle, PA 17013. IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY, LAWYER'S FEES OR EXPENSES BEFORE A DIVORCE OR ANNULMENT IS GRANTED, YOU MAY LOSE THE RIGHT TO CLAIM ANY OF THEM. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, 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 717-249-3166 WEIGLE & ASSOCIATES, P.C. - ATTORNEYS AT LAW - 126 EAST KING STREET - SHIPPENSBURG, PA 17257-1397 rr JOHN K. GAUGHAN, Plaintiff V. JEAN E. GAUGHAN, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. v 4- /G q Cc?;1.1 IN DIVORCE COMPLAINT IN DIVORCE UNDER SECTION 3301(c) OR 3301(4) OF THE DIVORCE CODE COUNT I - IRRETRIEVABLE BREAKDOWN AND NOW, comes the above named Plaintiff, John. K. Gaughan, by and through his attorneys, Weigle & Associates, P.C., and Jerry A. Weigle, Esquire, and seeks to obtain a Decree in Divorce from the above-named Defendant, upon the grounds hereinafter more fully set forth: 1. Plaintiff, John K. Gaughan, is an adult individual presently residing at 271 Chestnut Drive, Cumberland County, Pennsylvania, 17257 since 2001. 2. Defendant, Jean E. Gaughan , is an adult individual presently residing at 271 Chestnut Drive, Cumberland County, Pennsylvania, 17257 since 2001. 3. The Plaintiff and Defendant are nationals and citizens of the United States of America, and both have been bona fide residents of the Commonwealth of Pennsylvania for at least six (6) months immediately previous to the filing of the Complaint in Divorce. 4. The Plaintiff and Defendant were married on August 24, 1984, in Philadelphia, Pennsylvania. 5. There have been no prior actions of divorce or for annulment between the parties. 6. Plaintiff has been advised that counseling is available and the Plaintiff may have the right to request that the court require the parties to participate in counseling. 7. The marriage is irretrievably broken. 8. The parties have lived separate and apart since October 15, 2008. 9. The Plaintiff requests the court to enter a decree of divorce. WHEREFORE, the Plaintiff prays your Honorable Court to enter a Decree in Divorce from the bonds of matrimony and for such other and further relief to which Plaintiff shall be entitled. WEIGLE & ASSOCIATES, P.C. - ATTORNEYS AT LAW - 126 EAST KING STREET - SHIPPENSBURG, PA 17257-1397 !1 COUNT II - EQUITABLE DISTRIBUTION 10. Paragraphs 1 through 9 of Plaintiffs Complaint are incorporated herein by reference as though set forth in full. 11. Plaintiff and Defendant have legally and beneficially acquired property, both real and personal, during their marriage from August 24, 1984, until October 15, 2008 date of separation, all of which property is "marital property". 12. Plaintiff and Defendant have been unable to agree as to an equitable division of said property to the date of the filing of this Complaint. 14. Plaintiff requests the Court to equitably divide all marital property. WHEREFORE, Plaintiff requests the Court to equitably divide all marital property and to enjoin Plaintiff and Defendant from the removal, disposition, alienation, or encumbering of all real and personal property of the parties. COUNT III - INDIGNITIES GROUNDS FOR DIVORCE 15. Paragraphs 1 through 14 of this Complaint are incorporated herein by reference as though set forth in full. 16. Defendant has offered to the person of the Plaintiff, Plaintiff being the innocent and injured spouse, such indignities as to render Plaintiffs condition intolerable and Plaintiffs life burdensome. WHEREFORE, the Plaintiff prays your Honorable Court to enter a Decree in Divorce from the bonds of matrimony and for such other and further relief to which Plaintiff shall be entitled. WEIGLE & ASSOCIATES, P.C. By: (-,,, I /L4 D, Jeri? A. Wei e, Esquire Attorney for Plaintiff Attorney ID # 01624 126 East King Street Shippensburg, PA 17257 Telephone 717-532-7388 WEIGLE & ASSOCIATES, P.C. - ATTORNEYS AT LAW - 126 EAST KING STREET - SHIPPENSBURG, PA 17257-1397 VERIFICATION I verify that the statements made in the foregoing Complaint in Divorce 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. Dated: 2-Z 0 O I r? John aughan, Plaintiff" WEIGLE & ASSOCIATES, P.C. - ATTORNEYS AT LAW - 126 EAST KING STREET - SHIPPENSBURG, PA 17257-1397 ti 't ?? f. ++_?_ _ W V .... C'? ?, <? __ ' "`? "?1 ._; _- ?? J (?`? ..?`? 4 T}. ` . i,?. i ? 4 ?? c,,a i JOHN V- GAUGHAN, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION - LAW NO. 09-1169 JEAN E. GAUGHAN, Defendant IN DIVORCE AFFIDAVIT OF SERVICE Brooke L. Naugle, being duly sworn according to law, deposes and says that on March 5, 2009, a true and attested copy of Complaint in Divorce with Notice to Defend and Claim Rights was served upon the Defendant, Jean E. Gaughan. Manner of service: by mailing the same postage paid, certified mail, addressee only, and return receipt requested, at Shippensburg, Pennsylvania, addressed as follows: Jean E. Gaughan 271 Chestnut Drive Shippensburg, PA 17257 The return receipt signed by the Defendant is evidence of delivery to her and is attached hereto as "Exhibit A." Bro L. Naugle Sworn to and subscribed before me this day of 20 ;Not blic it NOTARIAL SEAL Jerry A. Weigle, Notary, Public Shippensburg, PA Cumberland County Comrn,ss;cn Eyc res ©. ! r 7, 2010 . I? . . WEIGLE & ASSOCIATES, P.C. - ATTORNEYS AT LAW - 126 EAST KING STREET - SHIPPENSBURG, PA 17257-1397 JOHN K. GAUGHAN, Plaintiff V. JEAN E. GAUGHAN, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. IN DIVORCE PROOF OF SERVICE ¦ Complete items 1, 2, and 3. Also complete Item 4 if Restricted Delivery is desired. ¦ Print your name and address on the reverse so that we can return the card to you. ¦ Attach this card to the back of the mailpiece, or on the front if space permits. 1. Article Addressed to: Jean E. Gaughan 271 Chestnut Drive Shippensburg, PA 17257 A. Signkture Agent X ZZ"4 Addre B. ived by (Prints me) . Date &Del D. Is delivery address different frwrf Rem 1? ? Yes If YES, enter delivery address below: ? No 3. ce Type 19 Certified Mail ? ress mail ? Registered Lf1 Return Receipt for Merchandise ? Insured Mail ? C.O.D. 4. Restricted Delivery? (Extra Fee) ea 2. Article Number 7005 1820 0005 6338 5207 (Transfer from service label) , PS Form $'0011, Fd*twy 2004 DomMUc Rftmr PAoW mes95-02-M-1540 WEIGLE & ASSOCIATES. P.C. - ATTORNEYS AT LAW - 126 EAST KING STREET - SHIPPENSBURG, PA 17257-1397 C"` r? ?? ? .? <P ,G P r Y w:? -r?-r 'e JOHN K. GAUGHAN, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA C^ • c ' V. CIVIL ACTION -LAW o =-n NO. 09-1169 Zo ? -0 rn JEAN E. GAUGHAN, cnr'- ro _ an C? Defendant IN DIVORCE xp >h s C:) ? zo ? --? 1-n AFFIDAVIT OF CONSENT 1. A Complaint in divorce under §3301(c) of the Divorce Code was filed on February 26, 2009. 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 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 unswom falsification to authorities. Dated. 2 JO IL GAUGHAN, P INTIFF WEIGLE & ASSOCIATES, P.C. - ATTORNEYS AT LAW - 126 EAST KING STREET - SHIPPENSBURG, PA 17257-1397 JOHN K. GAUGHAN, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA , V. CIVIL ACTION - LAW G -v p "`i NO.09-1169 rn rrTJ- r JEAN E. GAUGHAN, r ;OC Defendant INDIVORCE -4n s• 2 C2-n O C D 1. I consent to the entry of a final decree of divorcewithout notice. 2. I understand that I may lose rights concerning alimony, division of properly, 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 m 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. Dated: 12 1 J K. AUGHAN, AINTIFF WEIGLE & ASSOCIATES, P.C. - ATTORNEYS AT LAW - 126 EAST KING STREET - SHIPPENSBURG, PA 17257-1397 JOHN Ii. GAUGHAN, IN THE COURT OF COMMON PLFAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION - LAW NO. 09-1169 C V- --4 MAN E. GAUGHAN, r" v rn - Defendant IN DIVORCE cco> ti ? p Z --4p AFFIDAVIT OF CONSENT 4 4 1. A Complaint in divorce under §3301(c) of the Divorce Code was filed on Mfim;y 26;°" 2009. 2. The marriage of Plamtiff and Defendant is metdevably broken and nicety (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 this affidavit are true and cornett. I understand that fialse statements herein are made subject to the penalties of 18 Pa. C.S_ § 4904 relating to unswom falsification to authorities. Dated: H " // JEAPT . GAUGHAN, ANT WEIGLE & ASSOCIATES, P.C. - ATTORNEYS AT LAW - 126 EAST KING STREET - SHIPPENSBURG, PA 17257-1397 JOHN IC GAUGHAN, IN THE COUNT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA . C') -rJ V. CIVIL ACTION - LAW NO. 09-1169 i? ,. JEAN K GAUGHAN, -r Gc Defendant - IN DIVORCE Z " Q t') _ q sn to 1. I consent to the entry of a final decree of divorce without notice- 2. I understand that I may lose rim concerning, alimony, division of property, lawyer's fees or expos 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- Dated.: 'V'?l JEAN GAU DEFENDANT WEIGLE & ASSOCIATES, P.C. - ATTORNEYS AT LAW - 126 EAST KING STREET - SHIPPENSBURG, PA 17257-1397 PROPERTY AND SEPARATION AGREEMENT-JEAN D. GA UGHAN AND JOHN K. GA UGHAN PROPERTY C= _y AND 7C N ? =C-°., xm t- ""Dim V? te t ' 71:7 SEPARATIONAGREEMENT P-2- o == =-n F5 Ca _.,m BETWEEN ? w Co JOHN K. GAUGHAN AND JEAN D. GA UGHAN Law Office of M. Teri Hall Stiltner 25 Penncraft Avenue, Suite 310 Chambersburg, PA 17210 (717)262-9091 PROPERTY AND SEPARATION AGREEMENT-JEAN D. GA UGHAN AND JOHN K GA UGHAN THIS AGREEMENT made this /3 day of , 2010, by and between Jean D. Gaughan of 521 West King Street, Apt. F, Shippensb , Franklin County, Pennsylvania (hereinafter referred to as "Wife",) and John K. Gaughan of 109 Deerfield Lane, Shippensburg, Franklin County, Pennsylvania, (hereinafter referred to as "Husband.") WITNESSETH: WHEREAS, the parties hereto are Husband and Wife, having been married on August 24, 1984. There were two children born of this marriage. 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: 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, (hereinafter referred to as "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 accurately knows 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 premises and of the mutual promises, covenants and undertakings hereinafter set forth which are hereby acknowledged by each of the parties hereto, Wife and Husband, each intending to be legally bound hereby, covenant and agree as follows: 1. ADVICE OF COUNSEL The provisions of this Agreement have been fully explained to the parties by their respective counsel, M. Teri Hall Stiltner, Esquire, for Wife, Jean D. Gaughan, and Jerry A. Weigle, Esquire for Husband, John K. Gaughan. Based upon consultation with their respective attorneys, each parry understands that, in the absence of this Agreement, if they are married: (i) he or she might, as a matter of law, be entitled as the surviving spouse of the other party to receive on the other party's death a share of PROPERTY AND SEPARATION AGREEMENT-JEAN D. GA UGHAN AND JOHN K GA UGHAN the decedent's real and personal estate and that the share to which one party would be entitled might be more or less than the amount provided for under this Agreement; (ii) if they subsequently become separated or divorced or an action for divorce is instituted by either of them, one party's obligations to make payments to the other party for his or her support, maintenance or as alimony (including alimony pendente lite) might exceed the amount provided for under this Agreement; (iii) he or she might, as a matter of law, be entitled to an equitable distribution or other division of the property of the other of them which might be more or less than the amount provided for under this Agreement. Notwithstanding the foregoing, each party accepts and shall be bound by the provisions of this Agreement in lieu of any right he or she might have against the other arising out of their marital relationship or otherwise. Each of the parties acknowledges that he or she has read and understands the nature and importance of this Agreement, that each considers the provisions of this Agreement to be fair, just and reasonable, that each enters into it freely and voluntarily, and that each does not desire to have or become possessed of any property of the other party or any interest therein which the other party now owns or hereafter may own, except as expressly provided for in this Agreement. 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 and this Agreement between the parties is based upon this disclosure. 3. PERSONAL RIGHTS AND SEPARATION Husband and Wife 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. 4. AGREEMENT NOT TO BAR DIVORCE PROCEEDINGS This Agreement shall not be considered to affect or bar the right of Wife or Husband to a limited or absolute divorce on lawful grounds if such grounds now exist or shall hereafter exist or to such defense as may be available to either party. This Agreement is not intended to condone and shall not be deemed to be a condonation on the part of either party hereto of any act or acts on the part of the other party which have occasioned the disputes or unhappy differences which have occurred prior to or which may occur subsequent to the date hereof. The parties intend to secure a mutual consent, no-fault divorce pursuant to the terms of Section 3301(c) or (d) of the Divorce Code of 1980. PROPERTY AND SEPARATION AGREEMENT-JEAN D. GA UGHAN AND JOHN K GA UGHAN 5. AGREEMENT TO BE INCORPORATED IN DIVORCE DECREE The parties agree that the terms of this Agreement may be incorporated into any divorce decree which may be entered with respect to them. Notwithstanding such incorporation, this Agreement shall not be merged in the decree, but shall survive the same and shall be binding and conclusive on the parties for all times. 6. 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. 7. PERSONAL PROPERTY Husband and Wife do hereby acknowledge that they have previously divided their tangible personal property 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, (attached hereto and incorporated herein is Exhibit "A" detailing the current possessor.) The parties do hereby specifically waive, release, renounce and forever abandon whatever claims, if any, he or she may have with respect to the above items which shall become the sole and separate property of the other, with full power to him or her to dispose of the same as fully and effectually, as though he or she were unmarried. 8. BANK ACCOUNTS For the mutual promises and covenants contained in this Agreement, Husband and Wife hereby waive against the other all right, title, claim or interest they may have by equitable distribution or otherwise in the other's 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. 9. MOTOR VEHICLES Wife shall retain possession of 2006 Mercury Mariner, as her sole and separate property for her own use and disposition. Husband shall retain possession of the 2008 Honda Element as his sole and separate property for his own use and disposition. Husband shall assume sole financial responsibility for any and all debt associated with this vehicle. PROPERTY AND SEPARATION AGREEMENT-JEAN D. GA UGHAN AND JOHN K GA UGHAN Except as otherwise provided for in this Agreement, the party having title to and/or possession of an automobile shall be solely responsible for all expenses associated with the automobile, including, but not limited to, any sales or other taxes relating to the transfer of title, insurance, maintenance, gasoline, and liens and/or loans. Each party represents to the other party that, to the best of his or her knowledge, there are no outstanding liabilities relating to the automobiles existing as of the date of execution of this Agreement except for those liabilities listed in this Agreement. Except to the extent that the foregoing representation is false, the party having title and/or possession to an automobile shall be solely liable and shall keep the other party exonerated and indemnified against and held harmless from any past, present or future liability, including reasonable counsel fees and increased insurance premiums, due to any of the aforementioned expenses. 10. AFTER-ACQUIRED PERSONAL PROPERTY/REAL ESTATE 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, and any real estate hereafter acquired by him or her, 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. 11. PENSION/RETIREMENT INTERESTS The parties recognize that Husband has a pension plan and/or retirement plan and/or retirement savings plan, and/or (IRA) and/or a 401 K plan as a result of his employment. Husband shall transfer to Wife the sum of one hundred thirty thousand dollars ($130,000.00) from his Compass Group Retirement Savings Account and his IRA account to a qualified retirement account established and designated by Wife. It is intended by the parties that the aforementioned transfer from Husband to Wife shall be approved by the court as a separate order which shall constitute a Qualified Domestic Relations Order ("QDRO") under Section 414(p) of the I.R.C. It shall be the duty of Husband's counsel to prepare an appropriate QDRO within thirty (30) days of the execution of this Agreement and to deliver QDRO to the Plan Administrator of the aforementioned retirement accounts for approval as well as execution by the parties and approval by the Court. The fees and costs of the preparation of the QDRO shall be borne solely and exclusively by Husband. With the exception of the aforementioned transfer of one hundred thirty thousand dollars ($130,000.00) from Husband's 401K plan and IRA to Wife, Wife hereby specifically releases and waives any and all title, interest, claim, or right that she may have by equitable distribution or otherwise to any and all retirement benefits (including pension or profit sharing benefits) and/or 401 K plans or other similar benefits of Husband including but not limited to the balance of Husband's 401 K plan and IRA upon the aforementioned transfer to Wife which shall become PROPERTY AND SEPARATION AGREEMENT-JEAN D. GA UGHAN AND JOHN K GA UGHAN the sole and exclusive property of Husband. The parties shall execute any documents pursuant to the Retirement Equity Act or any similar Act that may be required from time to time to accomplish the aforementioned transfer from Husband to Wife. Upon the completion of the aforementioned transfer from Husband to Wife, Wife shall execute and take all such steps as may be necessary to effectuate a spousal consent (in accordance with the appropriate provisions of the Plan) allowing Husband to designate any beneficiary as he elects to receive the remaining amounts that may be payable under the Plan upon his death and Wife shall agree to any changes to such beneficiary designation made by Husband prior to dissolution of marriage. 12. REAL ESTATE: The parties hereto acknowledge and agree that Husband and Wife were the owners as tenants by the entireties of a certain tract of land including improvements known as 271 Chestnut Drive, Shippensburg, Cumberland County, Pennsylvania, (hereinafter referred to as the "marital residence.") The marital residence has been sold and the net proceeds have been equally divided between the parties. Husband and Wife hereby waive all right, title, claim or interest they may have in equitable distribution or otherwise in the net proceeds from the sale of the marital residence. The hereto acknowledge and agree that Husband and Wife are the owners as tenants by the entireties of a certain tract of land known as 9.75 acres of mountain ground located in Penn Township, Cumberland County, Pennsylvania. For and in consideration of the mutual covenants and agreements herein contained in the body of this instrument, Husband and Wife further stipulate and agree that the aforementioned mountain ground shall become the sole and exclusive property of Husband. Husband's counsel shall prepare a Deed conveying all of Wife's right, title, claim and interest in the aforementioned mountain ground to Husband. Commencing on the date of the execution of this Agreement, and without regard to when the bills for such items were actually incurred, received or due and continuing until the mountain ground is transferred from Husband and Wife to Husband. Husband shall be solely responsible for all past, present, and future liabilities and/or expenses associated with or attributable to maintaining the mountain ground, including, but not limited to, all real estate taxes, water and sewer rents, gas, electric, oil and telephone service, homeowner's insurance, and maintenance, repairs and improvements. Husband shall keep Wife exonerated and indemnified against and held harmless from any and all liabilities and/or expenses, including reasonable counsel fees, which arise from the parties' ownership interest in the marital residence. 13. HEALTH INSURANCE COVERAGE: Husband shall maintain, at no expense to Wife, medical, dental and hospitalization and related major medical insurance coverage for Wife, which coverage shall be no less than the PROPERTY AND SEPARATION AGREEMENT-.SEAN D. GA UGHAN AND JOHN K. GA UGHAN benefits provided to Wife prior to the execution of this Agreement through AETNA under policy an open access Aetna select ID # W147401144. Husband's obligation to provide the aforementioned medical, dental, and hospitalization and related major medical insurance coverage shall end upon the entry of a final divorce decree which shall not be entered prior to December 11, 2011. 14. 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. Husband shall assume sole financial responsibility for any and all debt that he has accumulated solely in his name and/or attributed solely to Husband. Husband shall indemnify and hold Wife harmless from any and all payment for the aforementioned debt. Wife shall assume sole financial responsibility for any and all debt that she has accumulated solely in her name, and/or attributed solely to Wife. Wife shall indemnify and hold Husband harmless from any and all payment for the aforementioned debt. 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 provisions 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. 15. 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. PROPERTY AND SEPARATION AGREEMENT-JEAN D. GA UGHAN AND JOHN K. GA UGHAN 16. WARRANTY AS TO FUTURE OBLIGATIONS Wife and Husband each covenant, warrant, represent and agree that each will now and at all times hereafter save harmless and keep the other indemnified from all debts, charges and liabilities incurred by the other after the execution date of this Agreement, except as may be otherwise specifically provided for by the terms of this Agreement and that neither of them shall hereafter incur any liability whatsoever for which the estate of the other may be liable. 17. WAVER OF SUPPORT a. Husband hereby waives all right to claim against Wife for support, alimony, alimony pendente lite, counsel fees and expenses. b. Wife hereby waives all right to claim against Husband for support, alimony, alimony pendente lite, counsel fees and expenses. 18. MUTUAL RELEASES Husband and Wife each do hereby mutually remise, release, quitclaim and forever discharge the other and the estate of such other, for all time to come, and for all purposes whatsoever, of and from any and all rights, title and interests, 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 or by way of dower, courtesy, or claims in the nature of dower or courtesy 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, equitable distribution, 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 provision thereof. It is the intention of Husband and Wife to give to each other by the execution of this Agreement a full, complete and general release with respect to any and all property of any kind or nature, real, personal or mixed, which the other now owns or may hereafter acquire, except and only except all rights and agreements and obligations of whatsoever nature arising or which may arise under this Agreement or for the breach of any provision thereof. PROPERTYANDSEPARATION AGREEMENT-JEAN D. GA UGHAN AND JOHN K. GAUGHAN 19. 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. 20. INCOME TAX PRIOR RETURNS The parties have heretofore filed joint Federal, state and local income tax returns. Husband and Wife agree that in the event any deficiency in Federal, state or local income tax is proposed, or any assessment of any such tax is made by reason of the parties having joined in the filing of said joint returns, Husband and Wife shall be equally responsible for any loss or liability for any such tax deficiency or assessment and any interest, penalty, and expense incurred in connection therewith, and such tax, interest, penalty or expense shall be paid equally by the parties, unless said tax, interest, penalty or expense is finally determined to be attributable to misrepresentation or failure to disclose the nature and extent of Wife's or Husband's separate income on the aforesaid joint returns, then the tax, interest and penalty or expense shall be solely attributed to party who failed to disclose or who made the misrepresentation. 21. DIVORCE DECREE a. Husband has commenced an action for divorce from Wife pursuant to 3301(c) or (d) of the Pennsylvania Divorce Code (irretrievable breakdown) by filing of a Complaint on February 26, 2009. b. Both parties shall executed an Affidavit of Consent and Waiver of Notice and furnish Husband's attorney with their Affidavits of Consent and Waivers of Notice evidencing that each of them consents to the divorce by December 11, 2011. Husband's counsel shall prepare the necessary documents to finalize the divorce but said divorce shall not be finalized prior to December 11, 2011. It is further agreed and understood that Husband will bear the cost of same in her individual capacity. c. 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. 1980-26. d. 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. PROPERTY AND SEPARATION AGREEMENT-JEAN D. GA UGHAN AND JOHN K. GA UGHAN 22. LEGAL FEES In the review and preparation of this Agreement each party shall bear his/her own legal fees. 23. REMEDY FOR BREACH In the event of a breach of any of the provisions by one of the parties, the remedies available to the non-breaching party are cumulative and include all remedies at law and in equity, including those for breach of contract, under theories of equity under the divorce code, as amended, including section 3105 (which includes contempt), as if this Agreement had been an Order of Court, and shall not be limited to those remedies specifically referred to in this Agreement. In the event either party breaches any provision of this Agreement, the breaching party shall exonerate and indemnify the non-breaching party and hold the non-breaching party harmless for all losses resulting from such breach, including but not limited to, counsel fees, and costs relating to such breach, whether or not litigation is instituted. The non-breaching party shall have the right, at his or her election, to either sue for damages for such breach, in which event the breaching party shall be responsible for the payment of legal fee's and costs incurred by the non-breaching party in enforcing their rights hereunder, or to seek such other remedies or relief as may be available to him or her. 24. EQUITABLE DISTRIBUTION It is specifically understood and agreed that this Agreement constitutes an equitable distribution of property, both real and personal, which was legally and beneficially acquired by Husband and Wife or either of them during the marriage as contemplated by The Act of April 2, 1980 (P.L. No. 63, No. 26) known as `The Divorce Code," 23 P. S. 3501 et seq. of the Commonwealth of Pennsylvania, and as amended. 25. SUMMARY OF EFFECT OF AGREEMENT It is specifically understood and agreed by and between the parties hereto, and each party accepts the provisions herein made in lieu of and in full settlement and satisfaction of any and all of said parties' rights against the other for any past, present and future claims on account of support, maintenance, alimony, alimony pendente lite, counsel fees, costs and expenses, equitable distribution of marital property and any other claims of each party, including all claims raised by them in the divorce action pending between the parties. 26. TAX CONSEQUENCES By this Agreement, the parties have intended to effectuate and by this Agreement have equitably divided their marital property. The parties have determined that such equitable division conforms to a right and just standard with regard to the rights of each party. The division of PROPERTY AND SEPARATION AGREEUENT--JEAN D. GA UGHAN AND JOHN K GA UGHAN existing marital property is not, except as may be otherwise expressly provided herein, intended by the parties to institute in any way a sale or exchange of assets and the division is being effected without the introduction of outside funds of other property not constituting a part of the marital estate. 27. MUTUAL COOPERATION/DUTY TO EFFECTUATE AGREEMENT Each party shall, at any time and from time to time hereafter, take any and all steps and execute, acknowledge and deliver to the other party any and all further instruments and/or documents that the other party may reasonably require for the purpose of giving full force and effect to the provisions of this Agreement. 28. RECONCILIATION The parties shall only effect a legal reconciliation which supersedes this Agreement by their signed Agreement containing a specific statement that they have reconciled and that this Agreement shall be null and void; otherwise, this Agreement shall remain in full force and effect. Further, the parties may attempt a reconciliation, which action, if not consummated by the aforesaid Agreement, shall not affect in any way the legal affect of this Agreement or cause any new marital rights or obligations to accrue. 29. SEVERABILITY If any of provision of this Agreement shall be finally determined to be invalid, then only that provision shall be stricken from this Agreement and in all other respects this Agreement shall be valid and shall continue in full force and effect. The failure of any party to meet her or his obligations under any provision of this Agreement, with the exception of the satisfaction of the conditions precedent, shall in no way void or alter the remaining obligations of the parties. 30. NO WAIVER OF DEFAULT This Agreement shall remain in full force and effect unless and until terminated under and pursuant to the terms of this Agreement. The failure of either party to insist upon strict performance of any of the provisions of this Agreement shall in no way affect the right of such party hereafter to enforce the same, nor shall the waiver of any breach of any provision hereof be construed as a waiver of any subsequent default of the same or similar nature, nor shall it be construed as a waiver of strict performance of any other obligations herein. 31. INTEGRATION This Agreement constitutes the entire understanding of the parties and supersedes any and all prior agreements and negotiations between them. There are no representations or warranties other than those expressly set forth herein. This Agreement shall survive integration by any court into any judgment for divorce and shall continue to have independent legal significance as a written contract separate from such judgment for divorce and may be enforced as an independent contract. PROPERTY AND SEPARATION AGREEMENT-JEAN D. GA UGHAN AND JOHN K. GA UGHAN 32. EFFECT OF DIVORCE DECREE The parties agree that unless otherwise specifically provided herein, this Agreement shall continue in full force and effect after such time as a final decree in divorce may be entered with respect to the parties. 33. NOTICES Any and all notices given hereunder shall be in writing and shall be sent via U.S. Mail: a. To the Wife c/o M. Teri Hall Stiltner, Esquire of the Law Office of M. Teri Hall Stiltner, 25 Penncraft Avenue, Suite 310, Chambersburg, Pennsylvania 17201. b. To the Husband c/o Jerry A. Weigle, Esquire of Weigle & Associates, P.C., 126 East King Street, Shippensburg, Pennsylvania 17257. 34. WAIVER OR MODIFICATION TO BE IN WRITING No modification or waiver of any of the terms hereof shall be valid unless in writing and signed by both parties and no waiver of any breach hereof or default hereunder shall be deemed a waiver of any subsequent default of the same or similar nature. 35. CAPTIONS The captions of this Agreement are inserted only as a matter of convenience and for reference and in no way define, limit or describe the scope and intent of this Agreement, nor in any way effect this Agreement. 36. AGREEMENT BINDING ON HEIRS This Agreement shall be binding and shall inure to the benefit of the parties hereto and their respective heirs, executors, administrators, successors and assigns. 37. LAW OF PENNSYLVANIA APPLICABLE This Agreement shall be construed in accordance with the laws of the Commonwealth of Pennsylvania. IN WITNESS WHEREOF, the parties have set their hands and seals to four counterparts of this Agreement, each of which shall constitute an original, the day and year first above written. PROPERTY AND SEPARATION AGREEMENT-JEAN D. GA UGHAN AND JOHN K GA UGHAN Witness: D. Gaughan an r John K. Gaug COMMONWEALTH OF PENNSYLVANIA ) ) SS. COUNTY OF On this, the 1-,;??day of ?AIA4?Lk c;j - , 2010, before me, a notary public, the undersigned officer, personally appeared Jean D. Gaughan, 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. COMMONwEAL7H OF PENNVLVANIA NotKIIII seal ?ands 1. Allen, Notary Pubk s p g 801,01CLImberwW Oollllty Notary Public CoIMft n 8"n XM 14 2014 Member. PennsMania AsoclatIm or Notaries COMMONWEALTH OF PENNSYLVANIA ) SS. ) COUNTY OF n'4ZB'e?? On this, the day of , 2010, before me, a notary public, the undersigned officer, personally ap ared Jall . Gaughan known to me (or satisfactorily proven) to be the person whose name is subscried 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. COMMONWEALTH OF PENNSYLVANIA NOTARIAL SEAL ,Jerry A. Weigle. Notary Public tier at $WVWfburg. Cumberland Chun My Expires Oetollbr 07. JOHN IC GAUGHAN, Plaintiff v. JEAN E. GAUGHAN, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 09-1169 IN DIVORCE PRAECIPE TO TRANSMIT RECORD To the Prothonotary: Transmit the record, together with the following information, to the divorce decree: u,r , off' c-> zo r court for"eno of- i 1. Grounds for divorce: irretrievable breakdown under § 3301(c) of the Divorce Code. 2. Date and manner of service of the Complaint March 5, 2009, by mailing postage paid, certified mail, addressee only, and return receipt requested at Shippensburg, Pennsylvania. 3. Date of execution of the Affidavit of Consent required by § 3301(c) of the Divorce Code: by Plaintiff, December 6,2011; by Defendant, December 20, 2011. 4. Relaxed claims pending: None. However, the attached Marital Agreement between the parties dated July 29, 2010 shall be incorporated but not merged into this Decree in Divorce pursuant to the said Agreement. 5. Date of filing of the PlaintifT s Waiver of Notice required by § 3301(c) of the Divorce Code was filed with the prothonotary: Plaintiff s, December 6, 2011 Date of filing of the Defendant's Waiver of Notice required by § 3301(c) of the Divorce Code was filed with the prothonotary: Defendant's, December 20, 2011 WEIGLE & ASSOCIATES, P. . Je#y A- WeiNc, Esquire Attorney for Plaintiff Attorney ID # 01624 126 East King Street Shippensburg, PA 17257 Telephone (717)532-7388 WEIGLE & ASSOCIATES, P.C. - ATTORNEYS AT LAW - 126 EAST KING STREET - SHIPPENSBURG, PA 17257-1397 JOHN K. GAUGHAN V. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA JEAN E. GAUGHAN NO. 09-1169 DIVORCE DECREE ,t 3,3af .rh. AND NOW, 070/a' , it is ordered and decreed that JOHN K. GAUGHAN , plaintiff, and JEAN E. GAUGHAN , 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.") None: The attached Marital Settlement Agreement between the parties dated July 29, 2010 shall be incorporated but not merged into this Decree in Divorce pursuant to the said Agreement. By t Attester J. rothonotary Co ,vy lb e fo A,,c- e