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HomeMy WebLinkAbout09-4518PAULA K. WRIGHT, :IN THE COURT OF COMMON PLEAS OF Plaintiff :CUMBERLAND COUNTY, PENNSYLVANIA V. :CIVIL ACTION - LAW :IN DIVORCE/CUSTODY PAUL E. WRIGHT, JR., Defendant :NO. y_ y s l C N 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 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 at: Office of the Prothonotary Cumberland County Court House 1 Courthouse Square Carlisle, Pennsylvania 17013 IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY, LAWYER'S FEES OR EXPENSES BEFORE A DIVORCE OR ANNULMENT IS GRANTED, YOU MAY LOSE THE RIGHT TO CLAIM ANY OF THEM. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 32 S. Bedford Street Carlisle, PA 17013 (717) 249-3166 (800) 990-9108 PAULA K. WRIGHT, :IN THE COURT OF COMMON PLEAS OF Plaintiff :CUMBERLAND COUNTY, PENNSYLVANIA V. :CIVIL ACTION - LAW :IN DIVORCE/CUSTODY PAUL E. WRIGHT, JR., Defendant :NO. _ c? S 8' c ,U .l COMPLAINT AND NOW comes the Plaintiff, Paula K. Wright, who, by and through her attorneys, Elizabeth S. Beckley, Esquire, Charles O. Beckley, II, and Beckley & Madden, of Counsel, files this Complaint, in which she avers that: 1. Plaintiff, Paula K. Wright, is an adult individual residing at 12 S. Filbert Street, Mechanicsburg, Cumberland County, Pennsylvania 17055. 2. Defendant, Paul E. Wright, Jr., is an adult individual residing at 946 Herman Drive, Mechanicsburg, Cumberland County, Pennsylvania 17055. 3. Both parties were bona fide residents of the Commonwealth of Pennsylvania for at least six months immediately prior to the filing of the original Complaint. 4. Plaintiff and Defendant were married on June 3, 1995. 5. There have been no prior actions in divorce or for annulment between the parties in this or any other jurisdiction. 6. The marriage is irretrievably broken. 7. Plaintiff has been advised of the availability of counseling and that Plaintiff or Defendant has the right to request the Court to require the parties to participate in such counseling. COUNTI REQUEST FOR A NO-FAULT DIVORCE UNDER SECTIONS 3301(c) OR (d) OF THE DIVORCE CODE 8. The averments contained in Paragraphs 1 through 7 of this Complaint are incorporated herein by reference as though set forth in full. 9. Plaintiff's marriage to Defendant is irretrievably broken. 10. Plaintiff has been advised that counseling is available and that she may have the right to request that the Court require the parties to participate in counseling. WHEREFORE, pursuant to 23 Pa.C.S.A. §§3301(c) or (d), Plaintiff, Paula K. Wright, respectfully requests the Court to enter a Decree of Divorce. COUNT II EQUITABLE DISTRIBUTION UNDER SECTION 3502 OF THE DIVORCE CODE 11. The averments contained in Paragraphs 1 through 10 of this Complaint are incorporated herein by reference as though set forth in full. 2 12. Plaintiff and Defendant have acquired property, both real and personal, during the marriage which constitutes marital property subject to equitable distribution under the Divorce Code. 13. Plaintiff and Defendant each owned, prior to the marriage, both real and personal property which has increased in value during the marriage, and/or which has been exchanged for other property which has increased in value during the marriage, all of which property is marital property, subject to equitable distribution under the Divorce Code. 14. Plaintiff and Defendant have been unable to agree as to an equitable division of said property. WHEREFORE, pursuant to 23 Pa.C.S.A. §3502, Plaintiff, Paula K. Wright, respectfully requests the Court to divide all marital property equitably between the parties. COUNT IV REQUEST FOR CUSTODY, PARTIAL CUSTODY, AND/OR VISITATION UNDER SECTION 5303 OF THE DIVORCE CODE 15. Plaintiff seeks primary physical custody of the following children: Name Present Residence Date of Birth Paris E. Wright 12 S. Filbert Street 10/17/1998 Mechanicsburg, PA 17055 Payton E. Wright 12 S. Filbert Street 05/27/2003 Mechanicsburg, PA 17055 3 The children were not born out of wedlock. 16. The children are presently in the custody of Plaintiff who resides at 12 S. Filbert Street, Mechanicsburg, Cumberland County, Pennsylvania 17055. 17. During the past five years, the children have resided with the following persons and at the following addresses: Persons Address Dates Plaintiff and Defendant 946 Herman Drive 2001 till 05/23/2009 Mechanicsburg, PA 17055 Plaintiff and her parents Mr. & Mrs. Brad Moore 241 Woods Drive Mechanicsburg, PA 17050 5/23/2009-6/06/2009 Plaintiff 12 S. Filbert Street Mechanicsburg, PA 17055 6/6/2009 to present 18. The Mother of the children is Paula K. Wright, currently residing at 12 S. Filbert Street, Mechanicsburg, Cumberland County, Pennsylvania 17055. 19. The Father of the children is Paul E. Wright, Jr., currently residing at 946 Herman Drive, Mechanicsburg, Cumberland County, Pennsylvania 17055. 20. The relationship of Plaintiff to the children is that of Mother. Plaintiff currently resides with the following persons: The parties minor children. 21. The relationship of Defendant to the children is that of Father. Defendant currently resides with the following persons: Alone. 4 22. Plaintiff has not participated as a party or witness, or in another capacity, in other litigation concerning the custody of the children in this or another court. 23. Plaintiff has no information of a custody proceeding concerning the children pending in a court of this Commonwealth. 24. Plaintiff does not know of a person not a party to the proceedings who has physical custody of the children or claims to have custody or visitation rights with respect to the children. 25. The best interest and permanent welfare of the children will be served by granting the relief requested because Plaintiff has been the primary caretaker of the children since birth and Defendant has some significant mental health issues which have caused him to be hospitalized more than once recently. 26. Each parent whose parental rights to the children have not been terminated and the person who has physical custody of the children have been named as parties to this action. All other persons, named below, who are known to have or claim a right to custody or visitation of the children will be given notice of the pendency of this action and the right to intervene. 5 WHEREFORE, pursuant to 23 Pa.C.S.A. §5303, Plaintiff, Paula K. Wright, respectfully requests the Court to grant her primary physical and joint legal custody of the parties' minor children. DATED: of Counsel BECKLEY & MADDEN 212 North Third Street P.O. Box 11998 Harrisburg, PA 17108 (717) 233-7691 6 Respectfully submitted, 'Jul-06-09 03:22P Ophthalmology Surgery Cen 717-233-0825 i? VERIFICATION l? Vaula K. Wright, hereby verity that the statements made in the foregoing l! docun,c i Vare true and correct to the best of my knowledge, infon-nation and belief. I understa id that false statements herein are made subject to the pcnalties 18 Pa. C. S. Section 904, relating to unswom falsification to authuritieS. M `f I7ATfY;Ik? . Paula K. Wright P.02 204 vt???' -$ ?t$ e: ? ?? 4 3 3? do ct, 5, ?66,5-6 Pd.a,, PAULA K. WRIGHT IN THE COURT OF COMMON PLEAS OF PLAINTIFF , CUMBERLAND COUNTY, PENNSYLVANIA V. PAUL E. WRIGHT, JR. 2009-4518 CIVIL ACTION LAW IN CUSTODY DEFENDANT ORDER OF COURT AND NOW, Wednesday, July 15, 2009 - -__. upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Dawn S. Sunday, Esq. the conciliator, at 39 West Main Street, Mechanicsburg, PA 17055 on Friday, August 14, 2009 -- at 9:00 AM or a Pre-Hearing Custody Conference. At such conference, an effort will be made, to resolve the issues in dispute; or if this cannot be accomplished, to define and narrow the issues to be heard by the court, and to enter into a temporary order. Failure to appear at the conference may provide grounds for entry ofa temporary or permanent order. The court hereby directs the parties to furnish any and all existing Protection from Abuse orders, Special Relief orders, and Custody orders to the conciliator 48 hours prior to scheduled hearing. FOR THE COURT, By: /s/ Dawn S. Sunda Es _ Custody Conciliator The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilites Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the count, please contact our office. All arrangements must be made at least 72 hours prior to any hearing or business before the court. You must attend the scheduled conference or hearing. YOU SHOULD TAKE THIS PAPER TO YOUR ATTORNEY AT ONCE. IF YOU DO NOT HAVE AN ATTORNEY OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL I1ELP. Cumberland County Bar Association 32 South Bedford Street Carlisle, Pennsylvania 17013 Telephone (717) 249-3166 J V-0 OF THE , r, 2€ 09 %I" ,'± 16 r i I - ' ? 12 Ilk 7/G Of PAULA K. WRIGHT, :IN THE COURT OF COMMON PLEAS OF Plaintiff :CUMBERLAND COUNTY, PENNSYLVANIA V. :CIVIL ACTION - LAW :IN DIVORCE/CUSTODY PAUL E. WRIGHT, JR., Defendant :NO. 09 - 4518 ACCEPTANCE OF SERVICE I, Quintina M. Laudermilch, Esquire, hereby accept service of the Divorce and Custody complaint filed in the above-captioned action on behalf of the Defendant, Paul E. Wright, Jr. DATED: u? Quintina M. Laudermilch, Esquire ALE ?-Of?ir,;E THE P, `()TH NII) my 2009 JUL 20 PM I : 5 7 ??V17r:J? PE..?t, (r,..`'4 ti}:r?')?t,.hJ ?.?n????F4 3• I VI ?S ijLVt'? A, AUG 1 0 2009 RICHARD E. ESER, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA v : CIVIL ACTION - LAW MIRANDA M. EBOCH, NO. 20094517 Defendant IN CUSTODY ORDER V4 AND NOW, this day of August, 2009, the Conciliator being advised the Counsel for Defendant has filed a Praecipe to withdraw Complaint in this matter and the Custody Conciliation Conference is no longer needed, the Conciliator relinquishes jurisdiction. od?- ?6 ? Hubert X. Gilroy, E: Custody Conciliator T(!1 2009 ALIG i ! N 2: 3 ;1 SEP ? 12009 PAULA K. WRIGHT Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA vs. PAUL E. WRIGHT, JR. Defendant 2009-4518 CIVIL ACTION LAW IN CUSTODY ORDER AND NOW, this 15th day of September, 2009 , the conciliator, having received no request from either counsel or the parties in this matter to reschedule the custody conciliation conference originally set for August 14, 2009, hereby relinquishes jurisdiction. FOR THE COURT, Dawn S. Sunday, Esquire Custody Conciliator ? + X53 ri sH 21199 S' 22 t"'il J' !a 4 rw ?. PAULA K. WRIGHT, Plaintiff/Petitioner V. PAUL E. WRIGHT, JR., Defendant/Respondent :IN THE COURT OF COMMON PLEAS OF :CUMBERLAND COUNTY, PENNSYLVANIA :CIVIL ACTION - LAW :IN DIVORCE/CUSTODY :NO. 09-4518 PETITION FOR CONCILIATION CONFERENCE AND NOW comes the Plaintiff/Petitioner, Paula K. Wright, who, by and through her attorneys, Elizabeth S. Beckley, Esquire, and Beckley & Madden, of Counsel, files this Petition for a Conciliation Conference, in which it is averred that: 1. Petitioner filed a Divorce and Custody Complaint on July 8, 2009. 2. Respondent was represented by Quintina M. Laudermilch, Esquire. 3. The parties were scheduled to attend a conciliation conference on August 14, 2009, at 9:00 a.m. before Dawn Sunday, Esquire, but the conciliation was cancelled because counsel for both parties believed the parties had reached an agreement. 4. A Stipulation was sent to both parties to review; however, despite counsels' best efforts, the parties' agreement broke down and the Stipulation was never signed by either party. 5. On October 6, 2009, Quintina M. Laudermilch, Esquire, contacted Elizabeth S. Beckley, Esquire, and indicated that she is no longer representing Defendant. 6. On October 6, 2009, Elizabeth S. Beckley, Esquire, sent Dawn. Sunday, Esquire, a letter asking her to reschedule the conciliation. ;?. Dawn Sunday, Esquire, contacted Elizabeth S. Beckley, Esquire, and indicated that she had already vacated her appointment as conciliator. WHEREFORE, Petitioner, Paula K. Wright, respectfully requests the Court to reschedule the conciliation conference. DATED: Respectfully submitted, of Counsel BECKLEY & MADDEN 212 North Third Street P.O. Box 11998 Harrisburg, PA 17108 (717) 233-7691 2 Jul-06-09 03:22P Ophthalmology Surgery Cen 717-233-0825 P.02 VERIFICATION Paula K. Wright, hereby veri ty that the statements made in the foregoing are true and correct to the best of my knowledge, information and belief'. 1 understated that false statements herein are made subject to the penalties 18 Pa. C. S. Sectii7n #904, relating to unsworn falsification to authorities. r r -?? Paula K. Wright CERTIFICATE OF SERVICE I, Elizabeth S. Beckley, Esquire, hereby certify that a true and correct copy of the foregoing document was this day served upon the person and in the manner indicated below. SERVICE BY FIRST CLASS MAIL: Quintina M. Laudermilch, Esquire Daley Zucker Meilton Miner & Gingrich, LLC 1029 Scenery Drive Harrisburg, PA 17109 Mr. Paul K. Wright 946 Herman Drive Mechanicsburg, PA 17055 DATED: ?C'Z?? M T,. 2009 OCT -9 PPS 2: 0-3 CLIME- C? . ? 4? ??. DD c3 P 01 E ?.?ec . 4*:7 a311 q 9?- PAULA K. WRIGHT IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. • 20094518 CIVIL ACTION LAW PAUL E. WRIGHT, JR. IN CUSTODY DEFENDANT ORDER OF COURT AND NOW, Tuesday, October 20, 2009 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Dawn S. Sunday, Esq. , the conciliator, at 39 West Main Street, Mechanicsburg, PA 17055 on Tuesday, November 10, 2009 at 9:00 AM for a Pre-Hearing Custody Conference. At such conference, an effort will be made to resolve the issues in dispute; or if this cannot be accomplished, to define and narrow the issues to be heard by the court, and to enter into a temporary order. Failure to appear at the conference may provide grounds for entry of a temporary or permanent order. The court hereby directs the parties to furnish any and all existing Protection from Abuse orders, Special Relief orders, and Custodv orders to the conciliator 48 hours prior to scheduled hearing. FOR THE COURT, By: /s/ Dawn S. Sunday, Esq. Custody Conciliator The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilites Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the court, please contact our office. All arrangements must be made at least 72 hours prior to any hearing or business before the court. You must attend the scheduled conference or hearing. YOU SHOULD TAKE THIS PAPER TO YOUR ATTORNEY AT ONCE. IF YOU DO NOT HAVE AN ATTORNEY OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 32 South Bedford Street Carlisle, Pennsylvania 17013 Telephone (717) 249-3166 2009 OCT 21 PH 2* 3 ?tl NJ PAULA K. WRIGHT Plaintiff VS. PAUL E. WRIGHT, JR. Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 2009-4518 CIVIL ACTION LAW IN CUSTODY ORDER OF COURT AND NOW, this 11th day of NDV (.Ay- , 2009, upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: 1. The Father, Paul E. Wright, Jr., and the Mother, Paula K. Wright, shall have shared legal custody of Paris E. Wright, born October 17, 1998, and Payton E. Wright, born May 27, 2003. Major decisions concerning the Children including, but not necessarily limited to, their health, welfare, education, religious training and upbringing shall be made jointly by the parties after discussion and consultation with a view toward obtaining and following a harmonious policy in each Child's best interest. Neither party shall impair the other party's rights to shared legal custody of the Children. Neither party shall attempt to alienate the affections of the Children from the other party. Each party shall notify the other of any activity or circumstance concerning the Children that could reasonably be expected to be of concern to the other. Day to day decisions shall be the responsibility of the parent then having physical custody. With regard to any emergency decisions which must be made, the parent having physical custody of the Child at the time of the emergency shall be permitted to make any immediate decisions necessitated thereby. However, that parent shall inform the other of the emergency and consult with him or her as soon as possible. In accordance with 23 Pa.C.S.A. §5309, each party shall be entitled to complete and full information from any doctor, dentist, teacher, professional or authority and to have copies of any reports or information given to either party as a parent as authorized by statute. 2. The Mother shall have primary physical custody of the Children. 3. The Father shall obtain a psychological evaluation with a professional selected by agreement between the parties. The purpose of the evaluation shall be to assess the need for supervised custody/restrictions during the Father's periods of custody with the Children and address the concerns raised by the Mother. 4. Pending completion of the psychological evaluation and further Order of Court or agreement of the parties, the Father shall have custody of the Children as follows: A. The Father shall have custody of the Children every Tuesday evening from 5:00 p.m. until 8:00 p.m. at the Mechanicsburg Library. The Mother shall transport the Children to the - 4L library at the beginning of the period custody and the Father shall be responsible to provide transportation of the Children to the Mother's residence at the end of the period of custody. B. During alternating weekends, beginning Saturday, November 21, 2009, the Father shall have custody of the Children on Saturday from 11:00 a.m. until 8:00 p.m. The Mother shall transport the Children to the McDonald's in Upper Allen Township, Mechanicsburg at 11:00 a.m. and the Father shall return the Children to the Mother's residence at 8:00 p.m. At the 11:00 a.m. exchange, the Father shall provide the Mother with a written itinerary of where the Children will be during the entire period of custody. There shall be no changes in the planned itinerary with regard to locations unless agreed otherwise between the parties in advance. The parties may also change the timeframes on the itinerary by agreement. In the event circumstances require a change to the timing of the itinerary, the Father shall notify the Mother by cell phone. For the Sunday periods of custody, the Mother shall transport the Children to the Father's church at 8:15 a.m., at which time the Father shall provide a written itinerary of the places where the Children will be throughout the day until 6:00 p.m. when the Father shall return the Children to the Mother's residence. Changes to the itinerary both as to location and time may be made as previously provided for Saturday periods of custody. C. On Christmas Eve in 2009, the Father shall pick up the Children at the Mother's residence at 2:30 p.m. during which time the Father shall remain in the parking lot. The Father shall provide a written itinerary for Christmas Eve to the Mother in advance as the Mother will not be at her residence at the time the Father picks up the Children. The Father shall contact the Mother by telephone when he and the Children are leaving the Christmas Eve church service and the Mother shall meet the Father and the Children at the Father's residence for an additional period of custody, supervised by the Mother, during which the Father can celebrate Christmas gift giving with the Children. D. Except with a plan in place in advance for supervision at the Father's residence, the Father shall not take the Children to his residence during periods of custody. There shall be no physical contact between the parties during exchanges of custody or during the period when the Mother is supervising at the Father's residence. In addition, there shall be no discussion between the parties about the divorce or the relationship between the parties. The parties shall behave at all times during exchanges of custody or supervised periods of custody in such a manner as to promote the emotional well-being of the Children. 5. In the event of any material violation of the restrictions placed on the Father's periods of custody in this Order, the periods of partial custody shall be terminated automatically and the parties, through counsel, shall contact the conciliator to schedule a follow-up telephone conference with counsel or custody conciliation conference to address the issues. 6. Upon completion of the psychological evaluation, counsel for either party may contact the conciliator to schedule an additional custody conciliation conference to review the custodial arrangements at that time. 7. Neither party shall do or say anything which may estrange the Children from the other parent, injure the opinion of the Children as to the other parent, or hamper the free and natural development of the Children's love and respect for the other parent. Both parties shall ensure that third parties having contact with the Children comply with this provision. 8. This Order is entered pursuant to an agreement of the parties at a custody conciliation conference. The parties may modify the provisions of this Order by mutual consent. In the absence of mutual consent, the terms of this Order shall control. BY THE COURT, cc: ./El' abeth S. Beckley, Esquire - Counsel for Mother es A. Miller, Esquire - Counsel for Father !? ?? 3 Jo v% PAULA K. WRIGHT Plaintiff VS. PAUL E. WRIGHT, JR. Defendant : IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 2009-4518 CIVIL ACTION LAW IN CUSTODY CUSTODY CONCILIATION SUMMARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1915.3-8, the undersigned Custody Conciliator submits the following report: 1. The pertinent information concerning the Children who are the subjects of this litigation is as follows: NAME DATE OF BIRTH CURRENTLY IN CUSTODY OF Paris E. Wright October 17, 1998 Mother Payton E. Wright May 27, 2003 Mother 2. A custody conciliation conference was held on November 10, 2009, with the following individuals in attendance: the Mother, Paula K. Wright, with her counsel, Elizabeth S. Beckley, Esquire, and the Father, Paul E. Wright, Jr., with his counsel, James A. Miller, Esquire. 3. The parties agreed to entry of an Order in the form as attached. cy ac) Date Dawn S. Sunday, Esquire Custody Conciliator PAULA K WRIGHT, IN THE COURT OF COMMON PLEAS PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V NO 2009 4518 PAUL E WRIGHT JR CIVIL ACTION -LAW'S, DEFENDANT IN DIVORCE AND CUSTODY ago PRAECIPE TO WITHDRAW APPEARANCE ~ ~' 3 ~ ~w TO THE PROTHONOTARY: -' a Please withdraw the appearance of Quintina M Laudermilch, Esquire an Darcy Zucker Meilton Miner & Gingrich, I;LC, on behalf of the Defendant, Paul E Wright, Jr, in the above-captioned matter. Date: %D / 3 ~OGI _ - uintina M Laudermilch, Esquire 1029 Scenery Drive, Harrisburg PA 17109 (717) 657 4795 PRAECIPE FOR ENTRY OF APPEARANCE Please enter the appearance of James A. Miller, Esquire, as counsel for Defendant, Paul E Wright, Jr, in t a ve matter. Date: ~ ~ C7~ J s A. Miller, Esquire ILLER LIPSITT LLC 765 Poplar Church Road Camp Hill, PA 17011 (717) 737-6400 PAULA K WRIGHT IN THE COURT OF COMMON PLEAS , PLAINTIFF CUMBERLAND COUNTY, PENNSYLPN " IX n V - : NO 2009 4518 a PAUL E WRIGHT JR CIVIL ACTION - LAW -< ° DEFENDANT IN DIVORCE AND CUSTODY _ 5 ac AFFIDAVIT OF CONSENT' A complaint in Divorce under Section 3301(c) of the Divorce Code was filed on September 23, 2011 and service was obtained upon the defendant by defendant personally accepting service thereof on September 27, 2011. 6. The marriage of the Plaintiff and Defendant is irretrievably broken and ninety (90) days have elapsed from the date of filing the Complaint and service upon Defendant of the same. 7. 1 consent to the entry of a Final Decree in Divorce after service of notice of intention to request entry of the decree. 8. 1 have been advised of the availability of marriage counseling, and understand that I may request that the Court require that my spouse and I participate in counseling. I further understand that the Court maintains a list of marriage counselors in the Prothonotary's Office, which list is available to me upon request. Being so advised, I do not request that the Court require that my spouse and I participate in counseling prior to a divorce decree being handed down by the Court. 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.A. Section 4904, relating to unsworn falsification to authorities. Date: ? Paul E Wrig Jr PAULA K WRIGHT, PLAINTIFF V PAUL E WRIGHT JR DEFENDANT IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO 2009 4518 CIVIL ACTION - LAW IN DIVORCE AND CUSTODY c ;XM cn .. . r r°, :Zc? c-lJ N WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER SECTION 3301(c) OF THE DIVORCE CODE 5. 1 consent to the entry of a final decree of divorce without notice. 6. 1 understand that I may lose rights concerning alimony, division of property lawyer's fees or expenses if I do not claim them before a divorce is granted. 7. 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. 8. 1 verify that the statements made herein in this affidavit are true and correct. I understand that false statements are made subject to the penalties of 18 Pa. C.S. A. Section 4904, relating to unworn falsification of authorities. Date: Paul E Wright Jr rte, - ? Cam: PAULA K. WRIGHT, :IN THE COURT OF COMMON PLEAS OF Plaintiff :CUMBERLAND COUNTY, PENNSYLVANIA :CIVIL ACTION - LAW V . :IN DIVORCE CIP PAUL E. WRIGHT, JR. Defendant :NO. 2009 - 4518 ? r a AFFIDAVIT OF CONSENT =c a 7, N 1. A complaint in divorce under Section 3301(c) of the Divorce Code was filed on July 8, 2009. 2. The marriage of plaintiff and defendant is irretrievably broken and ninety days have elapsed from the date of filing and service of the Complaint. 3. I consent to the entry of a final decree of divorce after service of notice of intention to request entry of the decree. I verify that the statements made in this affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. § 4904 relating to unsworn falsification to authorities. Dated: Paula K. Wright ?r u-' mac. Le+J•w. :IN THE COURT OF COMMON PLEA WRIGHT PAULA K c , . Plaintiff :CUMBERLAND COUNTY, PENNSYLIA' v. :CIVIL ACTION - LAW ..? :IN DIVORCE =r. PAUL E. WRIGHT, JR., x; r Defendant :NO. 2009 - 4518 N WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER SECTION 3301(C) OF THE DIVORCE CODE 1. I consent to the entry of a final decree of divorce without notice. V., 4n ;.7 2. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if I do not claim them before a divorce is granted. 3. I understand that I will not be divorced until a divorce decree is entered by the Court and that a copy of the decree will be sent to me immediately after it is filed with the prothonotary. I verify that the statements made in this affidavit are true and correct. I' understand that false statements herein are made subject to the penalties of 18 Pa.C.S. §'. 4904 relating to unsworn falsification to authorities. Dated: ?- 4 Paula K. Wright 4 PAULA K WRIGHT, PLAINTIFF V F r IU THE PRO 1I~"C?`? 11? JUL 12 PM I 12 3 CUMBERLAND COUNTY PENNSYLVANIA IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO 2009 4518 PAUL E WRIGHT JR CIVIL ACTION - LAW DEFENDANT IN DIVORCE AND CUSTODY T NUPTIAL MARITAL SETTLEMENT AGRE DATE: T 2012 f Contents 1. 2. 3. 4. 5. ADVICE OF COUNSEL ...................................................................................................... DISCLOSURE OF ASSETS ................................................................................................ PERSONAL RIGHTS .......................................................................................................... MUTUAL CONSENT DIVORCE ....................................................................................... EQUITABLE DISTRIBUTION ...........................................................................................j 5.1. Real Property .................................................................................................................. 5.1.1. Marital Home .......................................................................................................... ? 5.1.2. Mortgage on the Marital Home ...............................................................................j 5.2. Contents of Marital Home and Other Personal Property ............................................... 5.3. Retirement Benefits ........................................................................................................ 5.3.1. Retirement Accounts ............................................................................................... 5.4. Financial Assets .............................................................................................................. 5.4.1. Bank Accounts ........................................................................................................ 5.5. Vehicles ..........................................................................................................................? 5.6. Lump Sum Payment ....................................................................................................... 5.7. Outstanding Joint Debts ................................................................................................. 5.8. Consideration Of Equitable Distribution In Future Hearings ........................................ 5.9. After-Acquired Property ................................................................................................ 5.10. Property of Wife ......................................................................................................... 5.11. Property of Husband ...................................................................................................I 5.12. Assumption of Encumbrances .................................................................................... 5.13. Taxes ........................................................................................................................... 5.14. Indemnification of Wife ............................................................................................. 5.15. Indemnification of Husband ....................................................................................... 5.16. Warranty as to Future Obligations .............................................................................. 5.17. Release of Claims ....................................................................................................... SPOUSAL SUPPORT/ALIMONY PENDENTE LITE/ALIMONY RELEASE ................ ACCEPTANCE AND RELEASES ...................................................................................... COUNSEL FEES, COSTS AND EXPENSES ..................................................................... WAIVER OF BENEFICIARY DESIGNATIONS ............................................................... WAIVER OF INHERITANCE RIGHTS .......................................................................... MODIFICATION .............................................................................................................. SEVERABILITY ............................................................................................................... BREACH ........................................................................................................................... WAIVER OF BREACH .................................................................................................... NOTICE ............................................................................................................................. APPLICABLE LAW ......................................................................................................... DATE OF EXECUTION ................................................................................................... EFFECT OF RECONCILIATION OR RECONCILIATION ATTEMPT .......................I HEADINGS NOT PART OF AGREEMENT ................................................................... AGREEMENT BINDING ON PARTIES AND HEIRS ...................................................I ENTIRE AGREEMENT .................................................................................................... MUTUAL COOPERATION ............................................................................................. AGREEMENT NOT TO BE MERGED ...........................................................................I 6. 7. 8. 9. 10 11 12 13 14 15 16 17 18 19 20 21 22 23 Page 2 of I have read this page and voluntarily execute this agreement - PEW; PKW .4 .4 .5 .5 .6 .6 .6 .7 .7 .8 .8 .8 .8 .8 .9 .9 10 10 10 11 11 11 12 12 12 12 13 14 15 15 15 15 16 16 16 16 16 16 16 17 17 17 17 17 19 0 a , POST NUPTIAL MARITAL SETTLEMENT AGREEMENT THIS AGREEMENT made this day of , 2012, by between Paul E Wright Jr (hereinafter referred to as "Husband"), and Paula K Wl (hereinafter referred to as "Wife"). WITNESSETH: WHEREAS, the parties hereto are husband and wife, having been lawfully married June 3, 1995; WHEREAS, the parties are the parents of Paris E Wright, DOB 10/17/98 and Payton E Wright, DOB 5/27/03; WHEREAS, the parties hereto are desirous of settling fully and finally their n financial and property rights and obligations as between each other, including, limitation, the settling of all matters between them relating to the ownership of real and property, and in general, the settling of any and all claims and possible claims by one against other or against their respective estates; AND NOW, THEREFORE, in consideration of these premises, and of the mu promises, covenants, and undertakings hereinafter set forth, and for other good and valual consideration, receipt and sufficiency of which is hereby acknowledged by each of the part hereto, Husband and Wife, each intending to be legally bound hereby, covenant and agree follows: as Page 3 of 19 I have read this page and voluntarily execute this agreement - PEW PK [ 1 1. ADVICE OF COUNSEL. Wife has employed and had the benefit of the counsels of Elizabeth S Beckley Esquire, of Beckley & Madden, as her attorney. Husband has emplo?ed and had the benefit of the counsel of James A. Miller, Esquire, of Miller Lipsitt, LLC, as ?is attorney. Each party acknowledges that he or she fully understands the facts and his or her legal rig is and obligations, and each party acknowledges and accepts that this Agreement is, under he circumstances, fair and equitable, and that it is being entered into freely and voluntarily, and that execution of this Agreement is not the result of any duress or undue influence and that it is not the result of any collusion or improper or illegal agreement or agreements. Each party hereto acknowledges that he or she understands the impact of the Pennsylvania Divo ce Code, whereby the Court has the right and duty to determine all marital rights of the parties, including divorce, alimony, alimony pendente lite, equitable distribution of all marital property or property owned or possessed individually by the other, counsel fees and costs of litigation and, fully knowing the same, each party hereto still desires to execute t is Agreement acknowledging that the terms and conditions set forth herein are fair, just, and equitable to each of the parties and waives their respective right to have the Court of Common Pleas of Cumberland County or any other Court of competent jurisdiction tom e any determination or order affecting the respective parties' right to a divorce, alimo y, alimony pendente lite, equitable distribution of all marital property, counsel fees and costs of litigation. 2. DISCLOSURE OF ASSETS. Each of the parties hereto acknowledges that he or is aware of his or her right to seek discovery, including but not limited to, written interrogatories, motions for production of documents, the taking of oral depositions, he filing of inventories, and all other means of discovery permitted under the Pennsylvania Divorce Code or the Pennsylvania Rules of Civil Procedure. Each of the parties furt er acknowledges that he or she has discussed or has had the opportunity to discuss with counsel the concept of marital property under Pennsylvania law and each is aware of his or her right to have the real and/or personal property, estate and assets, earnings and income of the other assessed or evaluated by the court of this Commonwealth or any other court of compet nt jurisdiction. Husband and Wife represent and warrant that each has disclosed to the othe in Page 4 o l'19 I have read this page and voluntarily execute this agreement - PEWO, PKW N- full his or her respective assets, liabilities and income and that this Agreement was negotia ed and entered into on the basis of those disclosures. The parties hereby acknowledge and ag ee that the division of assets as set forth in this Agreement is fair, reasonable and equitable and is satisfactory to them. The remedies available to either party for breach or violation oft is provision shall be those remedies available pursuant to law and equity. Each party retains he right to assert a claim against the other for failure to fully and fairly disclose his or her income, assets and liabilities, if it is later determined that there has been a failure to disci se, including but not limited to a claim of constructive trust. 3. PERSONAL RIGHTS. Husband and Wife may and shall, at all times hereafter, 1 ve separate and apart. Each shall be free from all control, restraint, interference and authority, direct or indirect, by the other in all respects as fully as if he or she were unmarried. Each may reside at such place or places as he or she may select. Each may, for his or her separate use or benefit, conduct, carry on or engage in any business, occupation, profession or employment which to him or her may seem advisable. This provision shall not be tak n, however, to be an admission on the part of either Husband or Wife of the lawfulness of he cause that led to, or resulted in, the continuation of their living apart. Husband and Wife shall not molest, harass, disturb or malign each other or the respective families of each of er, nor compel or attempt to compel the other to cohabit or dwell by any means or in any manner whatsoever with him or her. Neither party will interfere with the use, ownership, enjoyment or disposition of any property now owned by or hereafter acquired by the other. 4. MUTUAL CONSENT DIVORCE. Husband and Wife agree that they will see- a final decree in divorce pursuant to the terms of this paragraph. Wife has filed an action or divorce in Cumberland County, Docket No. 09-4518 Civil. Said action included econo is claims pursuant to the Divorce Code and such claims are hereby completely and finally resolved by this Agreement. Moreover, neither party may assert any additional ancillary economic claims otherwise authorized by the Divorce Code, and all such ancillary claims re specifically waived by the terms of this Agreement. Concurrently with the execution oft is Agreement, the parties shall sign and have duly acknowledged an Affidavit of Consent t a divorce and a Waiver of Notice. Subsequent thereto, Wife's counsel shall timely file the Praecipe to Transmit the Record with the court requesting that the final decree in divorce be age 5 0 19 I have read this page and voluntarily execute this agreement - PEV?; PKW : entered incorporating the herein Agreement. 5. EQUITABLE DISTRIBUTION. 5.1. Real Property 5.1.1. Marital Home. The parties acknowledge that they currently hold title as by the entireties to that certain house and lot and all improvements thereu on situated at 946 Herman Drive, Mechanicsburg, Cumberland County, PA 17(55 (collectively, "the Marital Home"). The Wife's interest in the Marital Homes all be transferred to Husband by a Special Warranty Deed prepared by Husband's counsel and in a recordable form. The Special Warranty Deed shall be from Husband and Wife, as Grantors, to Husband, as Grantee, and shall be executed by Husband and Wife. The Special Warranty Deed shall be executed concurrently ith this Agreement and shall be delivered to and held in escrow by Husband's counsel until Husband refinances the existing mortgage(s) on the property on or before he expiration of the sixtieth (60th) day from the date of execution hereof. All hone mortgage interest accounts, real estate tax accounts and homeowner's insurance accounts shall inure to the benefit of Husband including any escrow accounts and upon reasonable request by Husband, Wife shall execute any additional documen (s) necessary reflecting her relinquishment therein. Husband shall keep Wife and her assigns, heirs, executors and administrat rs indemnified and held harmless from any past, present or future claims, penalties, liability, cost or expense, including, without limitation, reasonable attorney's f ,-es and expert fees, arising out of or in any way related to the Marital Home. The foregoing indemnification obligation shall also include any costs or expen es (including, without limitation, reasonable attorney's fees) incurred by Wife in enforcing Husband's indemnification obligation. Wife shall provide Husband notice within 30 days of any creditors' notice of default Wife may receive relative to the Marital Home so that Husband may immediately cure any such default thereby honoring this indemnity provision and alleviating any and all costs, fees and/or expenses associated with any creditors' claims associa ed aq6o I have r ead this page and voluntarily execute this agreement - PEW; therewith. Should Wife receive any such notice and fail to notify Husband ther f, then Husband's indemnity obligation shall be of no force or effect and Wife s all not be entitled to seek enforcement of Husband's indemnity thereon. 5.1.2. Mortgage on the Marital Home. At the time of execution hereof, the parties acknowledge that there is only one mortgage against the Marital Home nam ly, PSECU loan number 47583. Husband agrees to be fully responsible for any obligation associated with the Marital Home including the PSECU mortgage loan number 47583 in the names of Husband and Wife and to indemnify and hold Wife and her assigns, heirs, executors and administrators harmless from any and all liability for the mortgage, insurance, taxes, utilities, maintenance and repairs applicable to or associated with the Marital Home. 5.2. Contents of Marital Home and Other Personal Property 5.2.1. Husband shall and does hereby set over, transfer and assign to Wife all of is right, title, claim and interest in and to, including but not limited to all of her clothes, jewelry, personalty and other items of tangible property of whatever nature of Wife's as well as other jewelry and personal property in Wife's possession as of the date of this Agreement. 5.2.2. Wife shall and does hereby set over, transfer and assign to Husband all of er right, title, claim and interest in and to all of the property at the marital residence, including but not necessarily limited to all furniture, furnishings, rugs, carpets, household appliances and equipment, clothes, jewelry, personalty and other item of tangible property of whatever nature, as well as other jewelry and personal property in Husband's possession as of the date of this Agreement. 5.2.3. The parties acknowledge and agree that they jointly own cemetery plots at Woodlawn Memorial Garden. Wife shall prepare at Wife's sole cost and expense any and all documents required to transfer the plots to Wife solely and incur any end all costs associated with any required filings thereof. Husband shall transfer all of his right, title, and interest to Wife in said plots and further, agrees to sign any and all additional documentation that may be required to effectuate the transfer. Wife shall be responsible for any and all debt associated with the plots and agrees to age7o'19 1 have read this page and voluntarily execute this agreement - PEWV; PKW indemnify and hold Husband harmless from any and all liability and responsibili for said plots. 5.3. Retirement Benefits 5.3.1. Retirement Accounts Each of the parties does specifically waive, release, renounce and forever of his or her right, title, interest or claim, whatever it may be, in any other all Plan, Retirement Plan, Profit Sharing Plan, 401(k) Plan, Keogh Plan, Stock Plan, Tax Deferred Savings Plan and/or any employee benefit plan of the other party, whether acquired through said party's employment or otherwise, and hereafter said Pens on Plan, Retirement Plan, Savings Plan, Tax Deferred Savings Plan and/or any emplo ee benefit plan shall become the sole and separate property of the party in whose name or through whose employment said plan is carried. Should any plan require either party to execute any document in order to effectuate transfers contemplated herein, each party shall upon reasonable request timely cooperate execute any required document(s) associated therewith. 5.4. Financial Assets 5.4.1. Bank Accounts Husband and Wife agree that they have divided their checking and savings to their mutual satisfaction. Wife does hereby set over, transfer and assign to Husband any and all of her right, title, claim and interest in and to all or any portion of Husband's accounts and if necessary, documentation to effectuate the transfer of the accounts from joint ownership to Husband only shall be completed within 30 days of the date of t is Agreement. Husband does hereby set over, transfer and assign to Wife any and all of is right, title, claim and interest in and to all or any portion of said account and if necessary, documentation to effectuate the transfer of the accounts from joint ownership to Wife only shall be completed within 30 days of the date of this Agreement. 5.5. Vehicles 5.5.1. The parties acknowledge and agree that they jointly own a 2008 Ford Page 8 0 19 1 have read this page and voluntarily execute this agreement - PEW PKW ?o-,) Wife shall refinance the debt on the vehicle within sixty (60) days from the date of execution hereof having Husband's name released from the vehicle loan. Husband shall transfer all of his right, title, and interest to Wife in said vehicle and furter, agrees to sign any and all additional documentation that may be required to effectuate the transfer. Wife shall be responsible for any and all debt associa ed with the loan and agrees to indemnify and hold Husband harmless from any and all liability and responsibility for said vehicle. Failure to refinance the vehicle within said time frame shall require that Wife sell the vehicle without delay. 5.5.2. Husband shall retain ownership and possession of 2003 Ford Escape, Wife hereby releases any and all claim, title and/or interest she has therein and shall further execute any and all documents necessary reflecting her relinquishment thereof. 5.6. Lump Sum Payment. At the time of refinance as described hereinabove, Husband shall pay to Wife the lu p sum of $15,000.00 as full and final payment on equitable distribution representing Wife's entire interest in the marital estate and real property inclusive. If for any reas n Husband does not refinance the marital residence within the 60 day period provided or in this agreement, then the parties shall immediately list the property with I NAIDITCH from REMAX FIRST ADVANTAGE. Husband's Counsel will return the Deed being held in escrow to Wife's Counsel. The parties agree to cooperate in every respect in marketing the property. Husband shall keep the property clean, unclutter d and in a state of good repair during the listing period and shall make the prope y available upon request of a real estate agent for purposes of showings. Husband will continue to make all payments on the mortgage, taxes, insurance, utilities, etc. until t e property is sold. Should Husband fail to make said payments, the same will be deduct ,-d from Husband's share of the proceeds and added to Wife's share of the proceeds at t e time of settlement. Upon settlement of the property to a bona fide purchaser, the parts s shall divide the net proceeds after deducting normal and ordinary costs of settlement including but not limited to commissions, fees, costs and expenses. 5.7. Outstanding Joint Debts. Except as set forth herein, all other debts, contrac s, obligations or liabilities incurred at any time in the past by either of the parties will je Page 9 of I have read this page and voluntarily execute this agreement - PEW?0; PKW paid promptly by said party, unless and except as otherwise specifically set forth in this Agreement; and each of the parties hereto further promises, covenants and agrees that each will now and at all times hereafter save harmless and keep the other or his or er estate indemnified and saved harmless from all debts or liabilities incurred by him or her, as the case may be, and from all actions, claims and demands whatsoever ith respect thereto, and from all costs, legal or otherwise, and counsel fees appertaining to such actions, claims and demands. A liability not disclosed in Agreement will be the sole responsibility of the party who has incurred or may here incur it, and each agrees to pay it as the same shall become due, and to indemnify hold the other party and his or her property harmless from any and all such di obligations and liabilities. 5.8. Consideration Of Equitable Distribution In Future Hearings. The specifically acknowledge their intent that all transfers of property, including any increase in value of these assets, shall be excluded from income and shall not be given any consideration whatsoever in any proceeding involving the payment of spousal supp rt, alimony pendente lite, maintenance or alimony or child support. The part es acknowledge that the distributions under this paragraph are for equitable distribution of assets and that utilizing these assets or any increase in value of these assets in any manner in the calculation of income is prohibited. Notwithstanding the above, Husba d and Wife do not intend to preclude income generated from such assets from support. 5.9. After-Acquired Property. Each of the parties shall from their date of separation and hereafter own and enjoy, independently of any claim or right of the other, all items of property, be they real, personal or mixed, tangible or intangible, which are acquired by him or her after execution of this Agreement, with full power in him or her to dispose f the same as fully and effectively, in all respects and for all purposes, as though he ors e were unmarried. 5.10. Property of Wife. The parties agree that Wife shall own, possess, and enjoy, from any claim of Husband, the property awarded to her by the terms of this Agreen Husband hereby quitclaims, assigns and conveys to Wife all such property, and w, and relinquishes any and all rights thereto, together with any insurance policies cove Page 10 of I have read this page and voluntarily execute this agreement - PEW ; PKW Q that property, and any escrow accounts relating to that property. This Agreement constitute a sufficient bill of sale to evidence the transfer of any and all rights in property from Husband to Wife. 5.11. Property of Husband. The parties agree that Husband shall own, possess, enjoy, free from any claim of Wife, the property awarded to him by the terms of 1 Agreement. Wife hereby quitclaims, assigns and conveys to Husband all such prope and waives and relinquishes any and all rights thereto, together with any insurai policies covering that property, and any escrow accounts relating to that property. T Agreement shall constitute a sufficient bill of sale to evidence the transfer of any and rights in such property from Wife to Husband. 5.12. Assumption of Encumbrances. Unless otherwise provided herein, each pa hereby assumes the debts, encumbrances, taxes and liens on all the property each gill hold subsequent to the date of this Agreement, and each party agrees to indemnify nd hold harmless the other party and his or her property from any claim or liability that he other party will suffer or may be required to pay because of such debts, encumbrances or liens. Each party in possession of property to be awarded to the other party warrants that all dues, fees, assessments, mortgages, taxes, insurance payments and the like attend t to such property are current, or if not current, notice of any arrearage or deficiency as been given to the receiving party prior to the execution of this Agreement. 5.13. Taxes. By this Agreement, the parties have intended to effectuate and equita ly divide their marital property. The parties have determined that such division confo s to a right and just standard with regard to the rights of each party. Except as may otherwise expressly provided herein, the division of existing marital property is intended by the parties to constitute in any way a sale or exchange of assets, and division is being effected without the introduction of outside funds or other property : constituting a part of the marital estate. As a part of the division of the marital prope and the marital settlement herein contained, each party shall receive each item property at the tax basis that existed for the item immediately before the execution this Agreement, and that this Agreement is not intended to affect the tax basis or status for the property received by the party. The parties agree to save and hold e, ?ge 11 o 19 I have read this page and voluntarily execute this agreement - PEW ; PKW other harmless from all income taxes assessed against the other resulting from he division of the property as herein provided. 5.14. Indemnification of Wife. If any claim, action or proceeding is hereafter initiated seeking to hold Wife liable for the debts or obligations assumed by Husband under is Agreement, Husband will, at his sole expense, defend Wife against any such claim, action or proceeding, whether or not well-founded, and indemnify her and her property against any damages or loss resulting therefrom, including, but not limited to, costs of court and reasonable attorney's fees incurred by Wife in connection therewith. 5.15. Indemnification of Husband. If any claim, action or proceeding is hereafter initiated seeking to hold Husband liable for the debts or obligations assumed by R under this Agreement, Wife will, at her sole expense, defend Husband against any si claim, action or proceeding, whether or not well-founded, and indemnify him and property against any damages or loss resulting therefrom, including, but not limited costs of court and reasonable attorney's fees incurred by Husband in connect therewith. 5.16. Warranty as to Future Obligations. Except as set forth in this Agreemi Husband and Wife each represents and warrants to the other that he or she has not in he past or will not at any time in the future incur or contract any debt, charge or liability or which the other, the other's legal representatives, property or estate may be responsible. From the date of execution of this Agreement, each party shall use only those cr it cards and accounts for which that party is individually liable and the parties agree to cooperate in closing any remaining accounts which provide for joint liability. Each party hereby agrees to indemnify, save and hold the other and his or her property harmless from any liability, loss, cost or expense whatsoever incurred in the event of breach hereof. 5.17. Release of Claims. Wife and Husband acknowledge and agree that the prope y dispositions provided for herein constitute an equitable distribution of their assets liabilities pursuant to Section 3502 of the Divorce Code. Wife and Husband he waive any right to division of their property except as provided for in this Agreen Furthermore, except as otherwise provided for in this Agreement, each of the pa Page 12 0 19 1 have read this page and voluntarily execute this agreement - PEV ; PKW k hereby specifically waives, releases, renounces and forever abandons any claim, ri ht, title or interest whatsoever he or she may have in property transferred to the other pa rty pursuant to this Agreement or identified in this Agreement as belonging to the of er party, and each party agrees never to assert any claim to said property or proceeds in he future. The parties hereby expressly release and relinquish, each to the other, ev ry claim, demand, right and interest he or she may have in or against the other, or agai nst his or her estate, together with any income or earnings thereon, arising from and du ng the marriage and of or from any other reason growing out of the marital relationsh ip. However, neither party is released or discharged from any obligation under is Agreement or any instrument or document executed pursuant to this Agreeme nt. Husband and Wife shall hereafter own and enjoy independently of any claim or nigh of the other, all items of personal property, tangible or intangible, acquired by him or er from the date of execution of this Agreement with full power in him or her to dispos of the same as fully and effectively, in all respects and for all purposes, as though he or he were unmarried. 6. SPOUSAL SUPPORT/ALIMONY PENDENTE LITE/ALIMO Y RELEASE. The parties acknowledge that by this Agreement they have each respectiv ly secured sufficient financial resources to provide for his or her own comfort, maintenance nd support. The parties do hereby acknowledge that inflation may increase or decrease, t at their respective incomes and assets may substantially increase in value, that either may be employed or unemployed at various times in the future, and that notwithstanding these or other economic circumstances, which may be changes in circumstances of a substantial and continuing nature, the terms of this Agreement are just and reasonable. Therefore, except or the provisions of this Agreement, the parties hereby expressly waive, discharge and rele se any and all rights and claims which they may now or hereafter have, by reason of the parties' marriage, to alimony, alimony pendente lite, spousal support or maintenance, and they further release any rights they may have to seek modification of the terms of this Agreement in a court of law or equity, it being understood that the foregoing constitutes a fi al determination for all time of either party's obligation to contribute to the support the maintenance of the other. Except as provided for in this Agreement, it shall be, from P ge 13 0 19 1 have read this page and voluntarily execute this agreement - PEW PKW Y,: a ? i execution date of this Agreement, the sole responsibility of each of the respective parties to sustain himself or herself without seeking any additional spousal support from the other party. In the event that either of the parties shall seek a modification of the terms of this paragraph, or in the event that either party makes any claim for spousal support, alimony pendente lite or alimony other than as provided for by the terms of this Agreement, that party shall indemnify and hold the other party harmless from and against any loss resulting therefrom, including reasonable counsel fees and costs. 7. ACCEPTANCE AND RELEASES. Subject to the provisions of this each party has released and discharged, and by this Agreement does for himself or and his or her heirs, legal representatives, executors, administrators and assigns, release discharge the other of and from all causes of action, claims, rights, or demands, whatsoe in law or equity, which either of the parties ever had or now has against the other, except or all causes of action for termination of the marriage by divorce or annulment and except all causes of action for breach of any provisions of this Agreement. The parties accept provisions of this Agreement in lieu of and in full and final settlement and satisfaction of claims and demands that they may now or hereafter have against each other, and each pa y does hereby specifically release and waive any and all rights he or she might have to ra se claims under the Divorce Code and any Amendments thereto including, but not limited to claims for equitable distribution of marital property, spousal support, alimony, alimony pendente lite, counsel fees or expenses or for any other provision for their support and maintenance, and any other charge of any nature whatsoever pertaining to any divo ce proceeding which may have been or may be instituted by the parties in any court in the Commonwealth of Pennsylvania or any other jurisdiction and/or any divorce proceeding which may be instituted by either party in any court in the Commonwealth of Pennsylvania or any other jurisdiction or any other counsel fees, costs or expenses incurred or to e charged by any counsel arising in any manner whatsoever except for breach of this Agreement. The fact that a party brings an action to enforce this Agreement under t e Divorce Code and any Amendments thereto, does not give either party the right to raise other claims under the Divorce Code, specifically waived and released by this provision and all Page 14 c I have read this page and voluntarily execute this agreement - PEW; PKW rights and obligations of the parties arising out of the marriage shall be determined by Agreement. 8. COUNSEL FEES, COSTS AND EXPENSES. Except for the provisions in Paragraph 13, each party shall be solely responsible for all fees, costs and expenses for their legal representation. 9. WAIVER OF BENEFICIARY DESIGNATIONS. Unless otherwise set forth in this Agreement, each party hereto specifically waives any and all benefi rights and any and all rights as a surviving spouse in and to any asset, benefit, policy, an . or like program or account carrying a beneficiary designation which belongs to the party under the terms of this Agreement, including, but not limited to, pensions retirement plans of any sort or nature, deferred compensation plans, life insurance polici annuities, stock accounts, bank accounts, final paychecks or any other post-death distributi scheme. Each party expressly states that it is his or her respective intention to revoke by 1 terms of this Agreement any beneficiary designations naming the other which are in effect of the date of execution of this Agreement. In the event that the beneficiary designation not formally changed prior to the death of the party, such that the other party continues to named as beneficiary with no alternate beneficiary otherwise designated, the beneficiary sl be deemed to be the Estate of the deceased party and all benefits shall be distributed to personal representative for the Estate of the deceased party, free of any claim by the of party. lo. WAIVER OF INHERITANCE RIGHTS. Effective upon the signing of Agreement, Husband and Wife each waives all rights of inheritance in the estate of the any right to elect to take against the Will or any trust of the other or in which the other has interest, and each of the parties waives any additional rights which said party has or in have by reason of their marriage, except the rights saved or created by the terms of t] Agreement. This waiver shall be construed generally and shall include, but not be limited, a waiver of all rights provided under the laws of Pennsylvania, or any other jurisdiction, shall include all rights under the Pennsylvania Divorce Code. 11. MODIFICATION. No modification, rescission, or amendment to this Agreement y is Page 15 c I have read this page and voluntarily execute this agreement - PEW#; PKW be effective unless in writing signed by each of the parties hereto. 12. SEVERABILITY. If any provision of this Agreement is held by a court of jurisdiction to be void, invalid or unenforceable, the remaining provisions hereof nevertheless survive and continue in full force and effect without being impaired or invalidated in any way. 13. BREACH. If either party hereto is in breach of any provision hereof, the other party have the right, at his or her election, to sue for damages for such breach, or seek such other remedies or relief as may be available to him or her. The non-breaching party shall be entitled to recover from the breaching party all reasonable costs, expenses and legal fees actually incurred in the enforcement of the rights of the non-breaching party. 14. WAIVER OF BREACH. The waiver by one party of any breach of this Agreement the other party will not be deemed a waiver of any other provision of this Agreement. 15. NOTICE. Any notice to be given under this Agreement by either party to the other be in writing and may be affected by registered or certified mail, return receipt Notice to Wife will be sufficient if made or addressed to the following: Paula K Wright, 12 South Filbert Street, Apt C 11, Mechanicsburg, PA 17055 and to Husband, if made or addressed to the following: Paul E Wright Jr, 946 Herman Drive, Mechanicsburg, Cumberland County, PA 17055 Each party may change the address for notice to him or her by giving notice of that change in accordance with the provisions of this paragraph. 16. APPLICABLE LAW. All acts contemplated by this Agreement shall be construed and enforced under the laws of the Commonwealth of Pennsylvania. 17. DATE OF EXECUTION. The "date of execution" or "execution date" of this Agreement shall be defined as the date upon which the parties signed the Agreement if do so on the same date, or if not on the same date, then the date on which the Agreement signed by the last party to execute this Agreement. This Agreement shall become effec and binding upon both parties on the execution date. 18. EFFECT OF RECONCILIATION OR RECONCILIATION ATTEMPIT. This Agreement shall remain in full force and effect even if the parties effect a reconcili Page 16 0 19 1 have read this page and voluntarily execute this agreement - PEWO; PKW L`' 4 # 1 cohabit as Husband and Wife or attempt to effect a reconciliation. This Agreement shall continue in full force and effect and there shall be no modification or waiver of any of he terms hereof unless the parties in writing execute a statement declaring this Agreement o a term of this Agreement to be null and void. 19. HEADINGS NOT PART OF AGREEMENT. Any headings preceding the text of the several paragraphs and subparagraphs hereof are inserted solely of convenience of reference and shall not constitute a part of this Agreement nor shall they effect its meani g, construction or affect. 20. AGREEMENT BINDING ON PARTIES AND HEIRS. This except as otherwise expressly provided herein, shall bind the parties hereto and th i respective heirs, executors, administrators, legal representatives, assigns, and successors ii any interest of the parties. 21. ENTIRE AGREEMENT. Each party acknowledges that he or she has carefully this Agreement, including other documents to which it refers; that he or she has provided with an opportunity to discuss its provisions with an attorney of his or her choice, and has executed it voluntarily; and that this instrument expresses the e agreement between the parties concerning the subjects it purports to cover and super; any and all prior agreements between the parties. This Agreement should be interp: fairly and simply, and not strictly for or against either of the parties. 22. MUTUAL COOPERATION. Each party shall on demand execute and deliver to other any deeds, bills of sale, assignments, consents to change of beneficiaries of insurance policies, tax returns, and other documents, and shall do or cause to be done every other act or thing that may be necessary or desirable to effectuate the provisions and purposes of this Agreement. If either party unreasonably fails on demand to comply with these provisio s, that party shall pay to the other party all attorneys' fees, costs, and other expenses reasonab y incurred as a result of such failure. 23. AGREEMENT NOT TO BE MERGED. This Agreement shall remain in full and effect in the event of the parties' divorce. This Agreement shall not be merged into s, decree. The parties shall have the right to enforce this Agreement under the Divorce Code Page 17 of 9 1 have read this page and voluntarily execute this agreement - PEW; PKW ` + f. w 1980, as amended, and in addition, shall retain any remedies in law or in equity under t is Agreement as an independent contract. Such remedies in law or equity are not waived or I released by this Agreement. IN WITNESS WHEREOF, the parties hereto set their hands and seals on the dateslof their acknowledgments. WITNESS: ZPaul E Wright Jr a Paula K Wright Page 18 of I have read this page and voluntarily execute this agreement - PEWO; PKW i %& a? COMMONWEALTH OF PENNSYLVANIA ) COUNTY OF Cumberland SS.: On this the 24., day of , 20 ? Z before me, the undersigned personally appeared Paul E Wright Jr, known to me (or satisfactorily proven) to be the I whose name is subscribed to the within instrument, and acknowledged that he executed the for the purpose therein contained. IN WITNESS WHEREOF, I set my hand and notarial seal. TM ? w My Commission Expires: NW. lines am rep, caneaand t COMMONWEALTH OF PENNSYLVANIA) ll. SS.: COUNTY OF YV ) On this the day of 20_42-, before me, undersigned officer, personally appeared Paula K Ti ght, known to me (or satisfactorily pro, to be the person whose name is subscribed to the within instrument, and acknowledged that executed the same for the purpose therein contained. IN WITNESS WHEREOF, I have hereunto set my hand and notarial seal. My Commission Expires: OIAMONWEALTH OF PEN YLV IA NOTARIAL SEAL ELIZABETH S. BECKLEY, Nosy Public City of Harrisburg, Dauphin County My Commission Expires Mach ie P/ae 19 of 1 I have read this page and voluntarily execute this agreement -PEW PKW PAULA K. WRIGHT, :IN THE COURT OF COMMON PLEAS OF Plaintiff :CUMBERLAND COUNTY, PENNSYLVANIA V. :CIVIL ACTION - LAW -,3 :IN DIVORCE c PAUL E. WRIGHT, JR. err `._ Defendant :NO. 2009 - 4518 r-< .C G ..Q PRAECIPE TO TRANSMIT RECORD =C7? TO THE PROTHONOTARY: `: -. rv rv Please transmit the record, together with the following information, to the Court for the entry of a Decree of Divorce. 1. Ground for divorce: irretrievable breakdown of the marriage under Section 3301(c) of the Divorce Code. 2. Date and manner of service of the Complaint: the complaint was served on Defendant by his Attorney Quintina M. Laudermilch, Esquire, accepting service on July 13, 2009. 3. Date of execution of the affidavit of consent required by Section 3301(c) of the Divorce Code: by plaintiff on July 11, 2012; by defendant on June 6, 2012. 4. Related claims pending: All economic claims raised were resolved by a Post Nuptial Marital Settlement Agreement signed by the parties dated May 7, 2012, and filed contemporaneously herewith. 5. (a) Date plaintiff's Waiver of Notice July 11, 2012, and it is being filed contemporaneously herewith. (b) Date defendant's Waiver of Notice June 6, 2012, and it was filed on June 12, 2012. DATED: I of Counsel BECKLEY & MADDEN 212 North Third Street P.O. Box 11998 Harrisburg, PA 17108 (717)233-7691 Respectfully Attorney for Plaintiff z -M r- j o ,x:i CERTIFICATE OF SERVICE I, Elizabeth S. Beckley, Esquire, hereby certify that a true and correct copy of the foregoing document was this day served upon the person and in the manner indicated below. SERVICE BY FIRST CLASS MAIL: James A. Miller, Esquire MILLER LIPSITT, LLC 4 South 17'h Street Camp Hill, PA 17011 oarEO : ?l? I? 201 IN THE COURT OF COMMON PLEAS O CUMBERLAND COUNTY, PENNSYLVA IA PAULA K. WRIGHT V. PAUL E. WRIGHT, JR. NO. 2009 - 4518 DIVORCE DECREE AND NOW, 7??y Q VA 1.50 ! ?_??QI? , it is ordered and decreed i PAULA K. WRIGHT plaintiff, and PAUL E. WRIGHT, JR. , 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 claims remain indicate "None.") None. The Post Nuptial Marital Settlement Agreement between the parties shall be incorporated into the final decree for purposes of enforcement, but shall not merge with the final Decree in Divorce. By the Court, Attest: 1 Pro onotary ,y y Yeal 74V ,•?%