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HomeMy WebLinkAbout09-4542ORK31NAL Divorce Complaint Prepared By: Diane G. Radcliff, Esquire 3448 Trindle Road, Camp Hill, PA 17011 Supreme Court ID # 32112 Phone: 717-737-0100 • Fax: 717-975-0697 • Email: dianeradcliff @comcast.net Attorney for Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNS`fLV/,NIA RUTH A. PARISH, Plaintiff NO. 02- r- v tcc;ri,. V. : CIVIL ACTION - LAW J*D. PARISH, : DIVORCE Defendant NOTICE TO DEFEND AND CLAIM RIGHTS YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set forth in the fallowing pages, you must take prompt action. You are warned that if you fail to do so, the case inay 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 the>e papers by the Plaintiff. You may lose money or property or other rights important to you, including custo;ly or visitation of your children. When the ground for 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 the Cumberland County Courthouse, Carlisle, Pennsylvania. IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY, COUNSEL FEES CR EXPENSES BEFORE THE FINAL DECREE OF DIVORCE OR ANNULMENT IS GRANTED, YOU MAY LOSE THE RIGH1- 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 PROVIDER 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, PA 17013 Telephone No. (717) 249-3166 oft IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA RUTH A. PARISH, V. JOYI D. PARISH, Plaintiff NO. 0 9 - q : CIVIL ACTION - LAW : DIVORCE Defendant AVISO PARA DEFENDER Y RECLAMAR DERECHOS USTED HA SIDO DEMANDADO EN LA CORTE. Si desea defenderse de (as quejas expuestas en [as paginas siguientes, debe tomar accion con prontitud. Se le avisa que si no se defiende, el caso puede proceder sin usted y decreto de divorcio o anutamiento puede ser emitido en su contra por la Corte. Una decision puede tambien ser emitida en su contra por cualquier otra queja o compensacion reclamados por el demandante. Usted puede perder dinero, o propiedades u otros derechos importantes para usted. Cuando la base para el divorcio es indignidadas o rompimiento irreparable del matrimonio, usted puede solicitar consejo matrimonial. Una lista de consejeros matrimoniates esta disponible en to oficina del Prothonotary, en la Cumberland County Couthouse. SI USTED NO RECLAMA PENSION ALIMENTICIA, PROPIEDAD MARITAL, HONORARIOS DE ABOGADO U OTROS GASTOS ANTES DE QUE EL DECRETO FINAL DE DIVORCIO 0 ANULAMIENTO SEA EMITIDO, USTED PUEDE PERDER EL DERECHO A RECLAMAR CUALQUIERA DE ELLOS. USTED DEBE LLEVAR ESTE PAPEL A UN ABOGADO, VAYA 0 LLAME A LA OFICINA INDICADA ABAJO PARA AVERIGUAR DONDE PUEDE OBTENER ASISTENCIA LEGAL. Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 Telephone No. (717) 249-3166 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA RUTH A. PARISH, Plaintiff NO. V. CIVIL ACTION- LAW JON D. PARISH, DIVORCE Defendant COMPLAINT CN. 1 4erm Plaintiff, RUTH A. PARISH by her attorney, Diane G. Radcliff, Esquire, and files this Complaint in Divorce of which the following is a statement: 1. The Plaintiff Is Ruth A. Parish, an adult individual residing at 41 Hazel Circle, Mechanicsburg, Cumberland County, PA since approximately. 2. The Defendant is Jon D. Parish, an adult individual residing at 19557 State Street, #27 since Long Prairie, MN 56347. 3. Plaintiff has been bona fide resident in the Commonwealth for at least six (6) months previous to the filing of this Complaint. 4. Defendant was previously a resident of Pennsylvania, and currently owns real estate in Pennsylvania 5. Plaintiff and Defendant were married on November 15, 1996 at Sissitin, SD. 6. Plaintiff avers that there are no children born of the marriage. 7. There have been no prior actions of divorce or annulment between the parties. 8. Plaintiff has been advised that counseling is available and that Plaintiff may have the right to request that the Court require the parties to participate in counseling. 9. Defendant is not a member of the Armed Services of the United States or any of -1. its Allies. 10. Plaintiff avers that the grounds on which the action is based are: A. Section 3301(c) Mutual Consent No-Fault: The marriage is irretrievably broken; B. Section 3301(d) Non-Consent No-Fault: The marriage is irretrievably broken and the parties are now living separate and apart. Once the parties have lived separate and apart for a period of two years, Plaintiff will submit an Affidavit alleging that the parties have lived separate and apart for at least two (2) years and that the marriage is irretrievably broken. 11. Plaintiff requests the Court to enter a decree of divorce. WHEREFORE, Plaintiff requests this Honorable Court to enter a decree in divorce, divorcing the Plaintiff and Defendant. Respectfully submitted, DI CLIFF, ESQUIRE 3,448 Trind Road Camp Hill, PA 17011 Phone: (717) 737-0100 Supreme Court ID # 32112 Attorney for Plaintiff Dated: June 26, 2009 -2- VERIFICATION RUTH A. PARISH verifies that the statements made in this Complaint are true and correct. RUTH A. PARISH understands that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904, relating to unsworn falsification to authorities. RUTH A. PARISH Date: -7- ? -- O q -3- OF FILED- $ 3 3 ?-, 5-6) P t- ?? a -77? IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA RUTH A. PARISH, Plaintiff V. JON D. PARISH, Defendant , NO. Q?_ c,4 ; / CIVIL ACTION - LAW DIVORCE IF YOU WISH TO DENY ANY OF THE STATEMENTS SET FORTH IN THIS AFFIDAVIT, YOU MUST FILE A COUNTER-AFFIDAVIT WITHIN TWENTY DAYS AFTER THIS AFFIDAVIT HAS BEEN SERVED ON YOU OR THE STATEMENTS WILL BE ADMITTED. AFFIDAVIT UNDER SECTION 3301(d) OF THE DIVORCE CODE 1. The parties to this action separated on June 12, 2006 and have continued to live separate and apart for a period of at least two years. 2. The marriage is irretrievably broken. 3. 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. I verify that the statements made in this affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904 relating to unsworn falsifications to authorities. Date: -7- -7- a -7 RUTH A. PARISH, Plaintiff FIL" ! 't' OF THE 2069 JU -8 £i (G: 58 S IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA RUTH A. PARISH, Plaintiff NO. 09-4542 V. CIVIL ACTION - LAW JON D. PARISH, DIVORCE Defendant AFFIDAVIT OF SERVICE I, Diane G. Radcliff, Esquire, being duly sworn according to law, depose and say that on July 29, 2009, 1 served a true and correct copy of the Divorce Complaint and 3301(d) Affidavit upon Jon D. Parish, the Defendant, by Certified Mail, Restricted Delivery, addressed as follows: Jon D. Parish 737 Lake Drive Mount Wolf, PA 17347 The Certified Mail return receipt mailing card, or a copy thereof, for the foregoing k attarhPrl hPrPtn ac Fxhihit "A" anrd mardP a nart haranf_ Sworn to and subscribed before me a Notary Public in and for Cumberland County, Pennsylvania this `-M day of use, , 2009. NOTARY PUBLIC My commission expires: COMMONW 'fH OP 09NNSYLVANIA Notarial Seal Deborah L. Donley, Notary Public Camp Hill Boro, Cumberland County My Commission E)#ms Sept 23, 2011 Member, Pennsylvania Association of Notaries Camp Hill, PA 17011 Supreme Court I.D. No. 32112 Attorney for Plaintiff ¦ Canplsis dents 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 maiipiece, or on front if space permits. 1. Article to: d A. Signature 0 Apw* 8. Received Na7w*1 C. Date of D.' Is delivery address ditn)nt from item 1? Owe It YES, enter delivery address below: 0 No 3. Service Type O Certified Mail 0 Express Mail ? Registered ? Return Receipt for Mewhwrdhe O Insured Mail 0 C.O.D. 4. Restricted Dewerv? tFytm F i fr,A- 2. Article Number (rnVallarfitlrn4WW"k 7008 1300 0001 7.603 9236 i P3 Form 3811. February 2004 Domestic Ratan Rsodpt 102695-02-M-15ao EXHIBIT "A" RETURN RECEIPT CARD FILF": -*", f I~ _.rr:v Q OF TH_ I' 2C?Bq UG - i f'l 2= 09 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA RUTH A. PARISH, Plaintiff . NO. 09-4542 V. : CIVIL ACTION - LAW JON D. PARISH, DIVORCE Defendant AFFIDAVIT OF SERVICE I, Deborah L. Donley, paralegal to Diane G. Radcliff, Esquire, being duly sworn according to law, depose and say that on August 21, 2009, 1 served Plaintiff's the Notice of Intention to Request Entry of 3301(d) Divorce Decree upon Jon D. Parish, the Defendant, by handing the same to Jon D. Parish at the following address: The Law Office of Diane G. Radcliff, Esquire 3448 Trindle Road Camp Hill, PA 17011 A true and correct copy of the Notice of Intention to Request Entry of 3301(d) Divorce Decree is attached hereto, marked as Exhibit "A", and made a part hereof. DEBORAH L. DONLEY Paralegal to Diane G. Radcliff, Esquire 3448 Trindle Road Camp Hill, PA 17011 Sworn to and subscribed before me a Notary Public in and for Cumberland Coun y, Pennsylvania this day of _ jr , 2009. <!!!TY PUDK My commission expires: [CC)MMONWEALTH OF PENNSYLVANIA Ndaial Seal Diane G. RaW, Notary Public Came Hill Bozo, Chu ??? 21 m Member, Pew^ ia Association of Notaries IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA RUTH A. PARISH, Plaintiff NO. 09-4542 V. : CIVIL ACTION - LAW JON D. PARISH, DIVORCE Defendant NOTICE OF INTENTION TO REQUEST ENTRY OF 3301 (d) DIVORCE DECREE TO: JON D. PARISH, PLAINTIFF/ DEFENDANT You have been sued in an action for divorce. You have failed to answer the complaint or file a counter-affidavit to the 3301(d) affidavit. Therefore, on or after September 11, 2009, the other party can request the court to enter a final decree in divorce. If you do not file with the Prothonotary of the court an answer with your signature notarized or verified or a counter-affidavit by the above date, the court can enter a final decree in divorce. A counter-affidavit which you may file with the Prothonotary of the court is attached to this notice. Unless you have already filed with the court a written claim for economic relief, you must do so by the above date or the court may grant the divorce and you will lose forever the right to ask for economic relief. A COUNTER-AFFIDAVIT WHICH YOU MAY FILE WITH THE PROTHONOTARY OF THE COURT IS ATTACHED TO THIS NOTICE. The filing of the form counter-affidavit alone does not protect your economic claims. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 Telephone No. (717) 249-3166 CLIFF, ESQUIRE Road Camp Hill, PA 17011 Supreme Court ID # 32112 Attorney for Plaintiff /Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA RUTH A. PARISH, Plaintiff NO. 09-4542 V. CIVIL ACTION - LAW JON D. PARISH, DIVORCE Defendant COUNTER-AFFIDAVIT UNDER SECTION 3301(d) UF THE DIVORCE CQUE 1. Check either (a) or (b): [ ] (a) I do not oppose the entry of a divorce decree. [ ] (b) I oppose the entry of a divorce decree because Check (i), (ii) or both: [ ] (i) The parties to this action have not lived separate and apart for a period of at least two years. [ ] (ii) The marriage is not irretrievably broken. 2. Check either (a) or (b): [ ] (a) I do not wish to make any claims for economic relief. 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. [ ] (b) I wish to claim economic relief which may include alimony, division of property, lawyer's fees or expenses or other important rights. I understand that in addition to checking (b) above, I must also file all of my economic claims with the Prothonotary in writing and serve them on the other party. If I fail to do so before the date set forth on the Notice of Intention to Request Divorce Decree, the divorce decree may be entered without further delay. verify that the statements made in this counter-affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904 relating to unsworn falsification to authorities. Date: Jon D. Parish, Plaintiff /Defendant NOTICE: IF YOU DO NOT WISH TO OPPOSE THE ENTRY OF A DIVORCE DECREE AND YOU DO NOT WISH ANY CLAIM FOR ECONOMIC RELIEF, YOU SHOULD NOT FILE THIS COUNTER-AFFIDAVIT. FLkt . OF THr 2069 AUG 31 Ail 11: 41 CUs`L+?? 4?JiY ORIGINAL IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA RUTH A. PARISH, Plaintiff NO. 09-4542 V. CIVIL ACTION - LAW JON D. PARISH, DIVORCE Defendant MARITAL AGREEMENT BETWEEN JON D. PARISH AND RUTH A. PARISH IANI0180 MARITAL AGREEMENT .0,U THIS AGREEMENT made this day o , 2009, by and between RUTH A. PARISH, ("Wife") of 41 Hazel Circle, Mechanicsburg, A, 17055 and JON D. PARISH, ("Husband") of 737 Lake Drive, Mount Wolf, PA 17347. PREAMBLE AND RECITALS WHEREAS, the parties hereto are husband and wife, having been married on November 15, 1996 in Sisseton, South Dakota, and were separated on June 12, 2006. WHEREAS, There were no children born of this marriage. WHEREAS, diverse and unhappy differences, disputes and difficulties have arisen between the parties and it is the intention of Husband and Wife to live separate and apart for the rest of their natural lives, and the parties hereto are desirous of settling fully and finally their respective financial and property rights and obligations as between each other including, without limitation by specification: the settling of all matters between them relating to the ownership and equitable distribution of real and personal property; the settling of all matters between them relating to the past, present and future support, alimony and/or maintenance of Wife by Husband or of Husband by Wife; and in general, the settling of any and all claims and possible claims by one against the other or against their respective estates. NOW, THEREFORE, in consideration of the premises and mutual promises, covenants and undertakings hereinafter set forth and for other good and valuable consideration, receipt of which is hereby acknowledged by each of the parties hereto, Wife and Husband, each intending to be legally bound hereby, covenant and agree as follows: SECTION I GENERAL PROVISIONS 1.01. INCORPORATION OF PREAMBLE. The recitals set forth in the Preamble of this Agreement are incorporated herein and made a part hereof as if fully set forth in the body of the Agreement. 1.02. DEFINITIONS. (A) Divorce Code. The term "Divorce Code" or "Code" shall be defined as Pa.C.S.A Section 101 et seq., as amended, or any successor statute thereto. (B) Internal Revenue Code. The phrase "Internal Revenue Code" shall be defined as the Internal Revenue Code of 1986, as amended, or any successor statute thereto. References to sections in the Internal Revenue Code shall referenced to sections in existence as of the date of this Agreement. (C) Asset. The word "asset" shall be defined as anything of value including, but not limited to, real and personal property, tangible and intangible property and all financial interests however held. (D) Date of Execution. The phrase "date of execution", "execution date", or date of this Agreement" shall be defined as the date that the last person signs this Agreement. (E) Date of Distribution. Except where otherwise indicated in this Agreement, the phrase "date of distribution" shall be defined as the date of execution of this Agreement. (F) Effective Date of Agreement. This Agreement shall become effective and binding upon the parties upon the execution of this Agreement by both parties. 1.03 DIVORCE DECREE. Wife has filed a divorce action in the Court of Common Please of Cumberland County, PA docketed to No 09-4542 Civil Term. With respect to that action the parties agree as follows: (A) No-Fault Divorce. The parties acknowledge that their marriage is irretrievably broken and that they will secure a a no-fault Divorce Decree in the above captioned divorce action. (B) Affidavits and Waivers. If requested by Wife, upon the execution of this Agreement, or as soon as possible under the terms of said Divorce Code if said documents can not be signed upon the execution of this Agreement, the parties shall execute and deliver to Wife's attorney their respective Affidavits of Consent and Waivers of Notice for filing with the Court. (C) Finalizing Divorce. Within a reasonable time after all documents have been signed and/or served as required to secure the entry of a no-fault divorce decree, Wife's attorney will file all the remaining documents necessary to secure the entry of the Divorce Decree . When that divorce decree is entered and received by Wife's attorney, that attorney shall provide Husband with a photocopy of the Divorce Decree. 1.04. EFFECT OF DIVORCE DECREE. INCORPORATION AND MERGER. The terms of this Agreement shall be incorporated into any Divorce Decree which may be entered with respect to them. This Agreement shall not, however, merge with the Divorce Decree, but rather, it shall continue to have independent contractual significance and each party shall maintain their contractual remedies as well as Court remedies as the result of the aforesaid incorporation or as otherwise provided by law or statute. 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. 1.05. VOLUNTARY EXECUTION AND FAIRNESS OF AGREEMENT. Each party acknowledges that this Agreement has been entered into of his or her own volition, with full knowledge of the facts and full disclosure of their separate and joint estates, and that each believes this Agreement to be reasonable under the circumstances. Further, Husband acknowledges that he has been advised of his right to be advised by an attorney of his own choosing prior to entering into this Agreement and that he voluntarily has decided not to retain such counsel, and further acknowledges that he is aware of his legal rights and obligations governed by this Agreement. Husband acknowledges that he accepts this Agreement and represents that said acceptance is not based on any advice or representation made by Wife's legal counsel, Diane G. Radcliff, Esquire, nor has any such advice and/or representation been given to Husband by said counsel. 1.06. FINANCIAL DISCLOSURE. The parties represent there as an inducement to each of the parties to enter into this agreement, each of the parties has made a full and fair disclosure to the other party of the parties' respective incomes and the marital assets and debts that would otherwise be subject to equitable distribution between the parties but for the execution of this Agreement. That full and fair disclosure includes a disclosure the following: Real Property and Real Estate Mortgages; Motor Vehicles and Vehicle Liens; Stocks, Bonds, Securities and Options; Certificates of Deposit; Checking Accounts, Cash; Savings Accounts, Money Market and Savings Certificates; Contents of Safe Deposit Boxes; Trusts; Life Insurance Policies; Annuities; Gifts; Inheritances; Patents, Copyrights, Inventions, Royalties; Personal Property Outside the Home; Business; Employment Termination Benefits-Severance Pay, Worker's Compensation; Profit Sharing Plans; Pension Plans; Retirement Plans, Indi vidual Retirement Accounts; Disability Payments; Litigation Claims (matured and unmatured); Military/V.A. Benefits; Education Benefits; Debts Due, including loans, mortgages held; Household Furnishings and Personalty; Other Assets; Loans, Credit Cards and Other Debts. 1.07. DISCLOSURE AND WAIVER OF PROCEDURAL RIGHTS . Each party understands that he or she has the following procedural and substantive rights, all of which are hereby waives: (A) Inventory. The right to obtain from the other party a complete inventory or list of all of the property that either or both parties own at this time or owned as of the date of separation; (B) Valuation. The right to have all such property valued by means of appraisals or otherwise; (C) Income and Expenses. The right to obtain from the other party an income and Expense Statement setting forth the party's income and expenses and including the party's pay stubs or income for the last six months and the parties last filed income tax return; (D) Discovery. The right to compulsory discovery to assist in the discovery and verification of facts relevant to their respective rights and obligations, including the right to question the other party under oath; and (E) Hearings and Court Decision. The right to have a Court hold hearings and make decisions on the matters covered by this Agreement, which Court decision concerning the parties' respective rights and obligations might be different from the provisions of this Agreement. 1.08. BANKRUPTCY. The parties hereby agree that the provisions of this Agreement shall not be dischargeable in bankruptcy and expressly agree to reaffirm any and all obligations contained herein. In the event a party files such bankruptcy and pursuant thereto obtains a discharge of any obligations assumed hereunder, the other party shall have the right to declare this Agreement to be null and void and to terminate this Agreement in which event the division of the parties' marital assets and all other rights determined by this Agreement shall be subject to Court determination the same as if this Agreement had never been executed by the parties. 1.09. MUTUAL RELEASES. Except as other wise expressly provided in this Agreement, as a result of enforcement of the terms of this Agreement, and/or as a result of the breach of this Agreement, the parties 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, including, but not limited to the following: (A) Estate Rights. Any rights which either party may have, or at any time hereafter have, to share in the Estate of the other party as a result of their marital relationship or otherwise including, without limitation: statutory allowance; widow's allowance; intestacy rights; right to take under the will of the other party; right to take against the will of the other party; and the right to act as the executor or administrator of the other's estate. The foregoing shall not apply to any claims under the Will of a party executed after the date of this agreement. (B) Marital Rights. 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. (C) Waiver of Beneficiary Designation. Unless otherwise specified in this Agreement each party specifically waives any and all rights as a designated beneficiary in and to any asset or life insurance policy having a beneficiary designation which belongs to the other party under the terms of this Agreement. The parties hereby state that it is their intention by this Agreement to revoke any beneficiary designations naming the other party which are in effect as of the date of this Agreement, and if there is no other alternative or secondary beneficiary named then the beneficiary shall be deemed to be the estate of the deceased party. 1.10. EFFECT OF RECONCILIATION. This Agreement shall remain in full force and effect even if the parties reconcile, cohabit as Husband and Wife or otherwise, or attempt a reconciliation. This Agreement shall continue in full force and effect and there shall be no modification or waiver of any of the terms hereof unless the parties, in writing, signed by both parties, execute a statement declaring this Agreement or any term of this Agreement to be null and void. 1.11. BREACH. If for any reason either Husband or Wife fails to perform his or her obligations owed to or for the benefit of the other party and/or otherwise breaches the terms of this Agreement, then the other party shall have the following rights and remedies: (A) Divorce Code Remedies. The right to all remedies set forth in Section 3502(e) of the Pennsylvania Divorce Code, 23 PA. C.S.A. 3502(e), and any additional rights and remedies that may hereafter be enacted by virtue of the amendment of said statute or replacement thereof by any other similar laws. (B) Damages. The right to damages arising out of breach of the terms of this Agreement. (C) Distribution of Undisclosed Assets. The right to have the court distribute any asset having a value of $250 or more which has not been disclosed as represented in paragraph 1.06 herein. (D) Attorneys Fees and Costs. The right to reimbursement of all reasonable attorney's fees and costs incurred as the result of the breach and in enforcing rights and obligations under this agreement. (E) Other Remedies. Any other remedies provided for in law or in equity. (F) Considerations for Reasonable Attorneys Fees. Any award of "reasonable attorneys fees" as used in this paragraph shall be based on consideration of (1) the hourly rate charged; (2) the services rendered; and (3) the necessity of the services rendered. Determination of reasonableness shall not take into consideration the amount or nature of the obligation sought to be enforced or any possibility of settlement for less than the obligation sought to be enforced by the non-breaching party. 1.12. INCOME TAX MATTERS. With respect to income tax matters regarding the parties the following shall apply: (A) Prior Returns. The parties have heretofore filed joint federal and state returns. Both parties 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 against either of them, each will indemnify and hold harmless the other from and against any loss or liability for any such tax deficiency or assessment therewith. Such tax, interest, penalty or expense shall be paid solely and entirely by the individual who is finally determined to be the cause of the misrepresentations or failure to disclose the nature and extent of his or her separate income on the aforesaid joint returns. (B) Current Returns. The parties shall file individual tax returns for the current tax year and for every tax year hereafter. (C) No Tax on Property Division. Except as specifically set forth in this Agreement, the division of marital property herein provided is not intended to constitute in any way a sale or exchange of assets. It is understood that the property transfers described herein fall within the provisions of Section 1041 of the Internal Revenue Code, and as such will not result in the recognition of any gain or loss upon the transfer to the transferee. Each party promises not to take any position with respect to the adjusted basis of the property assigned to him or her or with respect to any other issue which is inconsistent with the terms of this Paragraph on his or her applicable federal or state income tax returns. 1.13. WAIVER OR MODIFICATION. 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. 1.14. MUTUAL COOPERATION. Each party shall, at any time, and from time to time hereafter, and within five (5) business days of request , 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. 1.15. 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. 1.16. 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. SECTION II DISTRIBUTION OF PROPERTY AND DEBTS 2.01. FINAL EQUITABLE DISTRIBUTION OF PROPERTY. The parties agree that the division of all property and debts set forth in this Agreement is equitable and in the event an action in divorce has been or is hereafter commenced, both parties waive and relinquish the right to divide and distribute their assets and debts in any manner not consistent with the terms set forth herein and further waive and relinquish the right to have the Court equitably divide and distribute their marital assets and debts. It is further the intent, understanding and agreement of the parties that this Agreement is a full, final, complete and equitable property division. 2.02. AFTER-ACQUIRED PROPERTY. Each of the parties shall hereafter own and enjoy, independently of any claim or right of the other, all property, tangible or intangible, real, personal or mixed, acquired by him or her, since the date of the parties' marital separation, with full power in him or her to dispose of the same as fully and effectively, in all respects and for all purposes, as though he or she were unmarried and each party hereby waives, releases, renounces and forever abandons any right, title, interest and claim in and to said after acquired property of the other party pursuant to the terms of this Paragraph. 2.03. INHERITANCE. Each of the parties hereto does specifically waive, release, renounce and forever abandon any right, title, interest and claim, if any, either party may have in and to any inheritance of any kind or nature whatsoever previously, or in the future, received by the other party. 2.04 DISTRIBUTION OF MARITAL PROPERTY AND DEBTS. The parties' marital assets and debts shall be divided and distributed as follows: (A) Wife's Mobile Home. The jointly owned double-wide Fleetwood Mobile Home situated at 41 Hazel Circle, Mechanicsburg, PA, ("Wife's Mobile Home") , encumbered with a mortgage owed to 21St Mortgage Corporation, Loan #XXX3854, ("the Mortgage"), shall be divided and distributed in accordance with the following: (1) Conveyance. Wife shall prepare and Husband shall execute and deliver all documents in the usual form conveying, transferring and granting to Wife all of Husband's right, title and interest in and to Wife's Mobile Home. The document of conveyance therefor shall be executed by Husband and delivered to Wife upon Husband's signing of this Agreement. (2) Liens. Encumbrances and Expenses. The said conveyance shall be subject to all liens and encumbrances covenants and restrictions of record including, but not limited to, the lien of the Mortgage, taxes and any other municipal liens. Wife shall hereinafter be solely responsible for the payment of all liens and expenses associated with Wife's Mobile Home, whether incurred in the past, present or future, and shall indemnify, protect and save Husband harmless therefrom. (B) Husband's Mobile Home. Husband's 1973 Mobile Home situated at 737 Lake Drive, Mount Wolf, PA 17347, ("Husband's Mobile Home"), title to which in unencumbered , shall be divided and distributed in accordance with the following: (1) Conveyance. If required by Husband, Husband shall prepare and Wife shall execute and deliver all documents in the usual form conveying, transferring and granting to Husband all of Wife's right, title and interest in and to Husband's Mobile Home. The document of conveyance' therefor shall be executed by Wife and delivered to Husband upon request any time on or after Wife's signing of this Agreement. (2) Liens. Encumbrances and Expenses. The said conveyance shall be subject to all liens and encumbrances covenants and restrictions of record including, but not limited to, the lien of the Mortgage, taxes and any other municipal liens. Husband shall hereinafter be solely responsible for the payment of all liens and expenses associated with the Husband's Mobile Home, whether incurred in the past, present or future, and shall indemnify, protect and save Husband harmless therefrom. (C) Vehicle(s)and Vehicle Loan(s). The parties' vehicles, boats, snowmobiles, motorcycles, trailers, campers and the like owned by one or both of the parties, or the trade in value thereof if the Vehicles have been sold or traded in prior to the date of this Agreement ("Vehicles"), and loans associated therewith ("Vehicle Loan"), shall be divided and distributed as follows: (1) To Wife. The 1997 Ford Taurus titled in parties' joint names, and unencumbered. (2) To Husband. The 1993 Chevrolet Van titled in Husband's sole name, and unencumbered. (3) Vehicle Insurance. Each party shall be responsible for securing and maintaining his or her insurance on the Vehicles assigned to him or her by this Agreement. Each party will be solely and fully responsible for any uncovered expenses and costs and/or liability arising from any and all incidents and accidents involving his or her Vehicles. (4) Encumbrances. Each party will be solely responsible for the timely payment of any loans, liens or other debts encumbering the title to the Vehicles assigned to him or her. (D) Investments. The parties shares of stock, brokerage accounts and other investments (the "Investments") shall be divided and distributed as follows: (1) To Wife. None. (2) To Husband. None. (E) Accounts. The parties' bank accounts, certificates of deposit, and other monetary deposits, ("the Accounts") shall be divided and distributed as follows: (1) To Wife. Any cash on hand and all monies in any accounts in Wife's sole name and all of the funds previously received by her from the prior joint Fulton Bank account. (2) To Husband. Any cash on hand and all monies is any accounts in Husband's sole name. (F) Life Insurance. The parties' life insurance policy and the cash value thereof shall be divided and distributed as follows: (1) To Wife. None. (2) To Husband. None. (G) Retirement Plans. The parties' Pension Plan, Retirement Plan, IRA Account, Profit Sharing Plan, 401-K Plan, Keogh Plan, Stock Plan, Tax Deferred Savings Plan, any employee benefit plan and/or any other retirement type plans (the "Retirement Plans") shall be divided and distributed as follows: (1) To Wife. None. (2) To Husband. None. (3) Waiver. Any interest that either party may have, or may heretofore have had in or as the result of the Retirement Plans of the other party, including rights or contingent rights in and to unvested retirement benefits and/or by virtue of being a spouse, beneficiary, contingent beneficiary or otherwise is hereby extinguished, except as specifically herein provided, and the parties shall hold his or her Retirement Plans free and clear from any right or interest which the other party now has or may heretofore have had therein or thereto. (H) Personal Property. The parties' tangible personal property including, but without limitation with specific reference to, jewelry, clothes, furniture, furnishings, rugs, carpets, household equipment and appliances, tools, pictures, books, works of art and other personal property ("the Personal Property") shall be divided and distributed as follows: (1) To Wife. All items of personal property in the possession of Wife including, but not limited to, all contents of Wife's Mobile Home. (2) To Husband. All items of personal property in the possession of Husband, including, but not limited to, all contents of Husbsand's Mobile Home. (1) Debts. The parties' marital debts, loans, credit cards and other obligations, not otherwise divided and distributed herein, shall be divided and distributed as follows: (1) To Wife. Wife shall be solely liable for and shall timely pay the following debts. (a) the 2150 Century Mortgage; (b) Any credit cards, loans, debts and liabilities incurred in Wife's individual name. (2) To Husband. Husband shall be solely"liable for and shall timely pay the following debts: (a) Any credit cards, loans, debts and liabilities incurred in Husband's individual name. 2.05. MISCELLANEOUS DISTRIBUTION PROVISIONS. The following miscellaneous provision shall apply to the distribution of the parties' marital assets and debts: (A) As Is Condition. Except as otherwise specifically herein provided, and with respect to the transfer of any tangible assets provided for in this Marital Agreement, the parties acknowledge that he or she have had the opportunity to inspect and view the assets that he or she is to receive as his or her sole and separate property and he or she is fully aware of the condition of such tangible asset and is receiving those assets in "as is" physical condition, without warranty or representation by or from the other party. (B) Title Transfer. If appropriate, for effectuating the transfers as herein provided, those titles shall be executed and delivered to the appropriate party on the date of this Agreement, unless another date is provided herein. For purposes of this Paragraph the term "title" shall be deemed to include a "power of attorney" if the title is unavailable due to financing arrangements or otherwise. (C) Personalty Transfer. if either party is entitled to any items of personal property in the possession of the other party as of the date of this Agreement, the parties shall promptly make arrangements so as to permit that party to remove the items of property from the other party's possession no later than thirty (30) days from the date of this Agreement. (D) Waiver. Each of the parties specifically waives, releases, renounces and forever abandons whatever right, title and interest they may have in any property that is to become the sole and separate property of the other party pursuant to the terms of this Agreement. (E) Liens. In the event any asset is subject to a lien or encumbrance, the party receiving the asset as his or her separate property shall take it subject to said lien and/or encumbrance and shall be solely responsible and liable therefor, unless otherwise specifically herein provided. (F) Debt Balances and Prior Payments. Any debt herein described shall be deemed to include the current balance owed on the debt. Unless otherwise herein specifically provided, there shall be no adjustment in the distribution provisions for the payment of any portion of the marital debts prior to the execution of this Marital Agreement, whether or not that debt or the prior payment thereof is specifically referenced in this Paragraph, said payment having been taken into consideration in determining the distribution of marital assets and debts herein provided. (G) Indemnification. Any party assuming an obligation pursuant to the terms of this Agreement shall indemnify, protect and hold the other party harmless from and against all any and all liability thereunder, including, but not limited to, any attorney's fees and costs incurred by the other party as the result of defending against the obligation and/or enforcing the provisions of this indemnification. (H) After Acquired Debts. Each of the parties represents and warrants to the other that since the parties' marital separation he or he has not contracted nor incurred any debt or liability for which the other or his or her estate might be responsible. From the date of this Agreement, each party shall only use those credit accounts or incur such further obligations for which that party is individually and solely liable. (1) Cancellation of Joint Debts. Any joint credit card debt shall be canceled so that neither party can make any further charges thereunder, and if said charges are made in violation of this Agreement, then the party incurring said charge shall immediately repay the same. Further, the parties shall cooperate in closing any remaining accounts which provide for joint liability. (J) Non-Disclosed Liability. Any liability not disclosed in this Agreement shall be the sole responsibility of the party who has incurred or may hereafter incur it, and the party incurring or having incurred said debt shall pay it as it becomes due and payable. SECTION III COUNSEL FEES. SPOUSAL SUPPORT..APL AND ALIMONY 3.01. WAIVER OF COUNSEL FEES. The parties hereto agree and do hereby waive any right and/or claim each may have, both now and in the future, against the other for counsel fees, costs and expenses. 3.02. ALIMONY, APL, AND SUPPORT. The parties hereto agree and do hereby waive any right and/or claim they may have, both now and in the future, against the other for alimony, alimony pendente lite, spousal support and maintenance. SECTION IV CLOSING PROVISIONS AND EXECUTION 4.01. COUNTERPARTS. This Agreement may be executed in counterparts, each of which shall be deemed to be an original, but all of which shall constitute one and the same agreement. 4.02. BINDING EFFECT. By signing this agreement, each party acknowledges having read and understood the entire agreement, and each party acknowledges that the provisions of this agreement shall be as binding upon the parties as if they were ordered by the Court after a full hearing. IN WITNESS WHEREOF, the parties hereto, intending to be legally bound hereby, have signed sealed and acknowledged this Agreement the day and year below written, which Agreement has been executed in various counterparts, each of which shall constitute an original. WITNESS: (SEAL) w J . PARISH - ?/ ' 2'm 9 Date: l/ - (SEAL) RUTH A. PARISH Date: 12- P- U I COMMONWEALTH OF PENNSYLVANIA . SS. COUNTY OF &Z41tAtxA,,m? On this the o21 day of , 2009, before me the undersigned officer, personally appeared, JON D. PARISH, k own to me (or satisfactorily proven) to be the person whose name is subscribed to the within Agreement, and acknowledged that he executed the same for the purposes therein contained. IN WITNESS WHEREOF, I hereunto set my hand and notarial seal. At lk? "?) / At"&,4 NOTARY PU LIC My Commission Expires: COMMONWEALTH OF PENNSYLVANIA Notarial Seal Deborah L. Donley, Notary Public COMMONWEALTH OF PENNSYLVANIA Camp Flill Bom, CumberlarW County SS. My Commission E)ires Sept. 23, 2011 Member, Pennsylvania Association of Notaries COUNTY OF CUMBERLAND On this the //A, day of "'t , 2009, before me the undersigned officer, personally appeared, RUTH A. PARISH, mown to me (or satisfactorily proven) to be the person whose name is subscribed to the within Agreement, and acknowledged that she executed the same for the purposes therein contained. IN WITNESS WHEREOF, I have hereunto set my hand and notarial seal. AA,o- ? NOTARY PUBLIC My Commission Expires: COMMONWEALTH OF PENNSYLVANIA Notarial Seal Deborah L. Donley, Notary Public Camp RI Boro, Cumberland County My Commission E)ires Sept 23, 2011 Member, Pennsylvania Association of Notaries THE If" 2 09 Sir' 1 8 Ft" ! : C iSivl - _ 1 ':`S i Y C t, e :Uri + ., IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA RUTH A. PARISH, . Plaintiff NO. 09-4542 V. CIVIL ACTION - LAW JON D. PARISH, Defendant : DIVORCE TO THE PROTHONOTARY: PRAECIPE OF TRANSMIT RECORD Transmit the record, together with the following information, to the court for entry of a divorce decree: 1. GROUND FOR DIVORCE: Irretrievable breakdown under Section 3301(d) of the Divorce Code. 2. DATE OF FILING AND MANNER OF SERVICE OF THE COMPLAINT: a. Date of Filing of Complaint: 07/08/2009 b. Manner of Service of Complaint: Certified Mail/Restricted Delivery C. Date of Service of Complaint: 07/29/2009 3. DATE OF EXECUTION OF THE PLAINTIFF'S AFFIDAVIT REQUIRED BY SECTION 3301(D) OF THE DIVORCE CODE AND DATE OF SERVICE OF THE PLAINTIFF'S 3301 (D) AFFIDAVIT UPON THE DEFENDANT: a. Date of Execution: 07/07/2009 b. Date of Filing: 07/08/2009 C. Date of Service: 07/29/2009 4. RELATED CLAIMS PENDING: No issues are pending. All issues have been resolved pursuant to the parties' Marital Agreement dated August 21, 2009, which Agreement is to be incorporated into but not merged with the Divorce Decree. 5. DATE AND MANNER OF SERVICE OF THE NOTICE OF INTENTION TO FILE PRAECIPE TO TRANSMIT RECORD, A COPY OF WHICH IS ATTACHED, IF THE DECREE IS TO BE ENTERED UNDER SECTION 3301(D)(1)(1) OF THE DIVORCE CODE: a. Date of Service: 08/21/2009 b. Manner of Service: Hand Delivery upon Defendant ANE CLIFF, ESQUIRE n le Road Camp Hill, PA 17011 Supreme Court ID # 32112 Phone: (717) 737-0100 rat r ttJL OF THE. r tiy?;T??,RY i 2069 SE P 18 I l' C48 RUTH A. PARISH V. JON D. PARISH DIVORCE DECREE 45?? 07-IF YK4 AND NOW, 4. *?"J , it is ordered and 6 RUTH A. PARISH plaintiff, and JON D. PARISH bonds of matrimony. defendant, are divorced from Any existing spousal support order shall hereafter be deemed an order fo alimony pendente lite if any economic claims remain pending. that The court retains jurisdiction of any claims raised by the parties to this act on for which a final order has not yet been entered. Those claims are as follows: (Ii no claims remain indicate "None.") No issues are pending. All issues have been resolved pursuant to the parties' Marital Agreement dated August 21, 2009, which Agreement is to be incorporated into but not merged with the Divorce Decree. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 09-4542 / i the Court, Attest: ;1.. 9-py.oq -g, .efF &nt - eel mAja -4 a4 4ky