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HomeMy WebLinkAbout09-6132J JOANNE HARRISON CLOUGH, ESQUIRE Attorney I.D. No. 36461 3820 Market Street Camp Hill, PA 17011 Telephone: (717) 737-5890 Attorneys for Plaintiff DONALD LEE STILES, IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. NO. ?Q- (Q13A CIYi(it°?Mt NICOLE LEIGH STILES, CIVIL ACTION -LAW Defendant IN DIVORCE NOTICE TO DEFEND AND CLAIM RIGHTS YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set forth in the following pages, you must take prompt action. You are warned that if you fail to do so, the case may proceed without you and a decree of divorce or annulment may be entered against you by the Court. A judgment may also be entered against you for any other claim or relief requested in these papers by the Plaintiff. You may lose money or property or other rights important to you, including custody or visitation of your children. When 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, Room 101, Cumberland County Courthouse, 1 Courthouse Square, Carlisle, Pennsylvania. IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY, LAWYER'S FEES OR EXPENSES BEFORE A DIVORCE OR ANNULMENT IS GRANTED, YOU MAY LOSE THE RIGHT TO CLAIM ANY OF THEM. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 1-800-990-9108 A JOANNE HARRISON CLOUGH, ESQUIRE Attorney I.D. No. 36461 3 820 Market Street Camp Hill, PA 17011 Telephone: (717) 737-5890 Attorneys for Plaintiff DONALD LEE STILES, IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. NICOLE LEIGH STILES, Defendant : NO. CIVIL ACTION -LAW IN DIVORCE AVISO PARA DEFENDER Y RECLAIMAR DERECHOS USTED HA DISO DEMANDANDO EN LA CORTE. Is desea defenderse de las quejas expuestas en las paginas siguientes, debar tomar accion con prontitud. Se la avisa que is no se defiende, el caso purde proceder sin usted y decreto de divorcio o anulamiento puede ser emitado en su contra por la Corte. Una decisi6n puede tambien ser emitida en su contra por caulquier otra queja o compensaction reclamados por el demandante. Usted puede perder dinero, o sus propiedades o otros derechos importantes para usted. Cuando la base para el divorcio es indignadades o rompimiento irreparable del matrimonio, usted puede solicitar consejo matrimonial. Una lista de consejeros matrimoniales esta disponible en la oficina del Prothonotary, en ]a Cumberland County Court of Common Pleas, Room 101, Cumberland County Courthouse, 1 Courthouse Square, Carlisle, Pennsylvania. SI USTED NO RECLAMA PENSION ALIMENTACIA, PROPIEDAD MARITAL, HONORARIOS DE ABOGADO U OTROS GASTOS ANTES DE QUE EL DECRETO FINAL DE DIVORCIO O ANULAMIENTO SEA EMITIDO, USTED PUEDE PERDER EL DERECHO A RECLAMAR CUALQUIERA DE ELLOS. USTED DEBE LLEVAR ESTE PAPEL A UN ABOGADO DE INMEDIATO. SI NO TIENE O NO PUEDO PAGAR UN ABOGADO, VAYA O LLAME A LA OFICINA INDICADA ABAJO PARA AVERIGUAR DONDE SE PUEDE OBTENER ASISTENCIA LEGAL. Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 1-800-990-9108 DONALD LEE STILES, IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. . NO. NICOLE LEIGH STILES, CIVIL ACTION -LAW Defendant IN DIVORCE COMPLAINT IN DIVORCE UNDER SECTION 3301(C) OF THE DIVORCE CODE Plaintiff is Donald Lee Stiles, an adult individual who currently resides at 15 Bellmore Road, Camp Hill, Cumberland County, Pennsylvania 17011. 2. Defendant is Nicole Leigh Stiles, an adult individual who currently resides at 15 Bellmore Road, Camp Hill, Cumberland County, Pennsylvania 17011. 3. Plaintiff and Defendant have been bona fide residents in the Commonwealth for at least six (6) months immediately previous to the filing of this Complaint. 4. The Plaintiff and Defendant were married on April 29, 1997 at Good Sheppard Church, in Mechanicsburg, Cumberland County, Pennsylvania. 5. There have been no prior actions of divorce or for annulment between the parties. 6. Neither Plaintiff nor Defendant is in the military or naval services of the United States or its allies within the provisions of the Solders' & Sailors' Civil Relief Act of the Congress of 1940 and its amendments. 7. Plaintiff avers that there are two children of this marriage namely Jordan Dale Stiles, born April 2, 1997 and Ryleigh Nicole Stiles, born November 17, 2001. 8. The marriage is irretrievably broken. 9. Plaintiff has been advised that counseling is available and that Defendant may have • the right to request that the court require the parties to participate in counseling. Plaintiff declines counseling. 10. After ninety (90) days have elapsed from the date of the filing of this Complaint, Plaintiff intends to file an Affidavit consenting to a divorce. Plaintiff believes that Defendant may also file such an affidavit. WHEREFORE, Plaintiff respectfully requests this Court to enter a decree of divorce pursuant to Section 3301(c) of the Divorce Code. Respectfully submitted, JOANN>r HARRISON CLOUGH, PC Date: 3 I Joa on lough, E qu •e Attorne No.: 36461 3820 Market Street Camp Hill, PA 17011 (717) 737-5890 Attorney for Plaintiff Dale Lee Stiles OF ???1F? .?[ 7W'( TRRY 2009 SEP - 9 PM 12: 4 l * 33$ . 5o PO AWN ?? A(0(aa a3o-VA JOANNE HARRISON CLOUGH, ESQUIRE Attorney I.D. No. 36461 3820 Market Street Camp Hill, PA 17011 Telephone: (717) 737-5890 Attorneys for Plaintiff DALE LEE STILES, Plaintiff v. NICOLE LEIGH STILES, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 09-6132 CIVIL ACTION -LAW IN DIVORCE NOTICE TO DEFEND AND CLAIM RIGHTS YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set forth in the following pages, you must take prompt action. You are warned that if you fail to do so, the case may proceed without you and a decree of divorce or annulment may be entered against you by the Court. A judgment may also be entered against you for any other claim or relief requested in these papers by the Plaintiff. You may lose money or property or other rights important to you, including custody or visitation of your children. When 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, Room 101, Cumberland County Courthouse, 1 Courthouse Square, Carlisle, Pennsylvania. IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY, LAWYER'S FEES OR EXPENSES BEFORE A DIVORCE OR ANNULMENT IS GRANTED, YOU MAY LOSE THE RIGHT TO CLAIM ANY OF THEM. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 1-800-990-9108 JOANNE HARRISON CLOUGH, ESQUIRE Attorney I.D. No. 36461 3820 Market Street Camp Hill, PA 17011 Telephone: (717) 737-5890 Attorneys for Plaintiff DALE LEE STILES, Plaintiff v. NICOLE LEIGH STILES, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 09-6132 CIVIL ACTION -LAW IN DIVORCE AVISO PARR DEFENDER Y RECLAIMAR DERECHOS LISTED HA DISO DEMANDANDO EN LA CORTE. Is desea defenderse de las quejas expuestas en las paginas siguientes, debar tomar accion con prontitud. Se la avisa que is no se defiende, el caso purde proceder sin usted y decreto de divorcio o anulamiento puede ser emitado en su contra por la Corte. Una decision puede tambien ser emitida en su contra por caulquier otra queja o compensaction reclamados por el demandante. Usted puede perder dinero, o sus propiedades o otros derechos importantes para usted. Cuando la base para el divorcio es indignadades o rompimiento irreparable del matrimonio, usted puede solicitar consejo matrimonial. Una lista de consejeros matrimoniales esta disponible en la oficina del Prothonotary, en la Cumberland County Court of Common Pleas, Room 101, Cumberland County Courthouse, 1 Courthouse Square, Carlisle, Pennsylvania. SI LISTED NO RECLAMA PENSION ALIMENTACIA, PROPIEDAD MARITAL, HONORARIOS DE ABOGADO U OTROS GASTOS ANTES DE QUE EL DECRETO FINAL DE DIVORCIO O ANULAMIENTO SEA EMITIDO, LISTED PUEDE PERDER EL DERECHO A RECLAMAR CUALQUIERA DE ELLOS. LISTED DEBE LLEVAR ESTE PAPEL A UN ABOGADO DE INMEDIATO. SI NO TIENE O NO PUEDO PAGAR UN ABOGADO, VAYA O LLAME A LA OFICINA INDICADA ABAJO PARR AVERIGUAR DONDE SE PUEDE OBTENER ASISTENCIA LEGAL. Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 1-800-990-9108 DALE LEE STILES, Plaintiff v. NICOLE LEIGH STILES, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 09-6132 CIVIL ACTION -LAW IN DIVORCE AMENDED COMPLAINT IN DIVORCE UNDER SECTION 3301(C) OR (D) OF THE DIVORCE CODE 1. Plaintiff is Dale Lee Stiles, an adult individual who currently resides at 15 Bellmore Road, Camp Hill, Cumberland County, Pennsylvania 17011. 2. Defendant is Nicole Leigh Stiles, an adult individual who currently resides at 15 Bellmore Road, Camp Hill, Cumberland County, Pennsylvania 17011. 3. Plaintiff and Defendant have been bona fide residents in the Commonwealth for at least six (6) months immediately previous to the filing of this Complaint. 4. The Plaintiff and Defendant were married on April 29, 1995 at Good Sheppard Church, in Mechanicsburg, Cumberland County, Pennsylvania. 5. There have been no prior actions of divorce or for annulment between the parties. 6. Neither Plaintiff nor Defendant is in the military or naval services of the United States or its allies within the provisions of the Solders' & Sailors' Civil Relief Act of the Congress of 1940 and its amendments. 7. Plaintiff avers that there are two children of this marriage namely Jordan Dale Stiles, born Apri12, 1997 and Ryleigh Nicole Stiles, born November 17, 2001. 8. The marriage is irretrievably broken. 9. Plaintiff has been advised that counseling is available and that Defendant may have the right to request that the court require the parties to participate in counseling. Plaintiff declines counseling. 10. After ninety (90) days have elapsed from the date of the filing of this Complaint, Plaintiff intends to file an Affidavit consenting to a divorce. Plaintiff believes that Defendant may also file such an affidavit. WHEREFORE, Plaintiff respectfully requests this Court to enter a decree of divorce pursuant to Section 3301(c) of the Divorce Code. Respectfully submitted, JOANNE HARRISON CLOUGH, PC Date: ~ ~'l/ Jo e Harrison Clough, Esquire Attorney ID No.: 36461 3820 Market Street Camp Hill, PA 17011 (717) 737-5890 Attorney for Plaintiff Dale Lee Stiles FEE::--i".,:=~.~;'= (' .. +- i ir~ .~~rrl-, L.li t~-~ ,~; I ~a~ ;~ 20~~ ~"~~ 2 ~ ~'f ~ ~ ~' ~L~I~ y 1~ DALE LEE STILES, IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 09-6132 NICOLE LEIGH STILES, CIVIL ACTION - LAW r Defendant IN DIVORCE ATM. PRAECIPE FOR WITHDRAW OF APPEARAN?Ff- TO THE PROTHONOTARY: Please withdraw the appearance of Joanne Harrison Clough, Esquire, 3820 Market Street, Camp Hill, PA 17011, as counsel of record on behalf of Plaintiff, Dale Lee Stiles in t above captioned action. Resp ctfully submitted, JOA E HARRISON CLOD , C DATE: Joanne Harrison Clough, Attorney ID No.: 36461 3820 Market Street Camp Hill, PA 17011 (717) 737-5890 PRAECIPE TO ENTER APPEARANCE TO THE PROTHONOTARY: Please enter my appearance to represent Plaintiff, Dale Lee Stiles, in the above captioned action. Z DATE: 6-11q11 (ectftilly su fitted, Pro Se Dale Stiles 15 Bellmore Road Camp Hill, PA 17011 (717) -'7to3-$Z1q 9 DALE LEE STILES, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA VS. NO. 09-6132 ?- r.,. CIVIL ACTION - LAW NICOLE LEIGH STILES :-' -_ , Defendant IN DIVORCE ' 7 '-- 7- sG w.,...a . ' ACCEPTANCE OF SERVICE _; T_..; - r- I hereby acknowledge that I received a true and correct copy of the divorce complaint within thirty days of September 29, 2009. I consent to venue of this divorce action in Potter County. Date: / . YlcLeigh St s IN THE COURT OF COMMON PLEAS DALE LEE STILES s , -2,== PENNSYLVANIA CUMBERLAND COUNTY L , Plaintiff . -.M °`" vs. NO. 09-6132 ' f :CIVIL ACTION -LAW C NICOLE LEIGH STILES - ` , Defendant IN DIVORCE AFFIDAVIT OF CONSENT 1. A complaint in divorce under Section 3301(c) of the Divorce Code was filed on September 9, 2009. The marriage of plaintiff and defendant is irretrievably broken and ninety (90) days have elapsed from the date of filing and service of the complaint. 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. Section 4904 relating to unsworn falsification to authorities. WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER SECTION 3301(c) OF THE DIVORCE CODE I consent to the entry of a final decree in divorce without notice. 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. 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. Section 4904 relating to unsworn falsification to authorities. 5 201 ?1- Date: Dale Lee Stiles DALE LEE STILES, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA vs. NO. 09-6132 w =M CIVIL ACTION - LAW NICOLE LEIGH STILES , Defendant IN DIVORCE AFFIDAVIT OF CONSENT ,_ 1. A complaint in divorce under Section 3301(c) of the Divorce Code was filed o n a September 9, 2009. 2. The marriage of plaintiff and defendant is irretrievably broken and ninety (90) days have elapsed from the date of filing and service of the complaint. I consent to the entry of a final decree of divorce after service of notice of intention to request entry of the decree. 1 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 falsification to authorities. WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER SECTION 3301(c) OF THE DIVORCE CODE I consent to the entry of a final decree in divorce without notice. 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. 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. Section 4904 relating to unsworn falsification to authorities. Date: 6 &-?;h N' ole Leigh Stile PROPERTY SETTLEMENT AGREEMENT This agreement is made this C(:%ay of AL?k-l 2012, by and between DALE LEE STILES of 15 Bellmore Road, Camp Hill, Pennsylvania 17011, hereinafter for the purpose of brevity referred to as "Husband", and NICOLE LEIGH STILES, of 386 Walton Street, Lemoyne, Pennsylvania 17043, hereinafter for the r purpose of brevity referred to as "Wife", - Witnesseth: v WHEREAS, the parties hereto are husband and wife, having been lawfully 6i0ed °`. in marriage on April 29, 1995 and diverse unhappy differences, disputes, misunderstandings and difficulties have arisen between the parties, as a result of which they are living separate and apart; and WHEREAS, Husband has instituted an action for divorce in the Court of Common Pleas of Cumberland County, docketed to No. 09-6132; and WHEREAS, it is the desire of the parties, after long and careful consideration, to amicably adjust, compromise and settle all property rights and all rights in, to or against each other's property and estate, including property heretofore or subsequently acquired by either party, and to settle all disputes existing between them, including any and all claims for Wife's and/or Husband's maintenance and/or for support, alimony, counsel fees and costs. NOW THEREFORE, in consideration of the several mutual promises and/or covenants and/or agreements hereinafter contained, each of the parties hereto, intending to be legally bound hereby, promises, covenants and agrees as follows: First: Divorce The parties hereto further agree that the marriage is irretrievably broken, and that they mutually consent to a divorce and agree to execute all necessary affidavits required by the Court at the appropriate times. This agreement shall remain in full force and effect regardless of any change in the marital status of the parties. It is warranted, covenanted, and represented by Husband and Wife, each to the other, that this agreement is lawful and enforceable and this warranty, covenant and representation is made for the specific purpose of inducing Husband and Wife to execute the agreement. Husband and Wife each knowingly and understandingly waive any and all possible claims that this agreement is, for any reason, illegal or for any reason whatsoever of public policy, unenforceable in whole or in part. Husband and Wife each does hereby warrant, covenant and agree that, in any possible event, he and she are and shall forever be estopped from asserting any illegality or unenforceability as to all or any part of this agreement. Second: Releases Except as provided for in this agreement, Husband and Wife each hereby forever releases, remises, discharges and quitclaims the other and the estate of the other, for all time to come and for all purposes whatsoever, from any action of any nature whatsoever in law or in equity. Each of the parties specifically covenants and agrees and warrants and represents that the execution of this agreement and its terms and provisions are accepted by them as including, inter alia, full and complete payment by the other for any and all past, present or future obligations for support, care, education, maintenance, and property rights of the 2 other. Each further covenants, warrants, represents and agrees that no action will be instituted by them (or claim of any kind be made) for their support, or for any claim for property or rights other than as set forth in this agreement, directly or indirectly, against the other, in any court or any jurisdiction whatsoever. The parties hereto recognize, acknowledge and agree that each of them hereafter shall not have and does not have any rights or claims for support, care and maintenance or for any rights or claims of property because the provisions herein in the nature of a post-nuptial agreement are fair and reasonable and the property distributions herein are fair and reasonable. Wife acknowledges that the property conveyed to her is a fair and substantial portion of and division of Husband's assets and Wife's rights to equitable distribution of property; Husband acknowledges that property allocated to him is fair and a substantial portion of and division of the assets of the parties and Husband's rights to equitable distribution of property. Third: Release of Testamentary Claims Except as provided for in this agreement, each of the parties hereto shall have the right to dispose of his or her property by Last Will and Testament or otherwise, and each of them agrees that the estate of the other, whether real, personal or mixed, shall be and belong to the person or persons who would have become entitled thereto as if the decedent had been the last to die. This provision is intended to constitute a mutual waiver by the parties of any rights to take against each other's last wills under the present or future laws of any jurisdiction whatsoever, and is intended to confer third party beneficiary rights upon the other heirs and beneficiaries of each. Either party may, however, make such provision for the other as he or she may desire in and by his or her Last Will and Testament. Each of the parties further covenants and agrees that he or she will permit any will of the other to be probated and allow administration upon his or her personal, real or mixed estate and effects to be taken out by the person or persons who would have been entitled to do so had Husband or Wife died during the lifetime of the other; and that neither Husband nor Wife will claim against or contest the will and the estate of the other. Each of the parties hereby releases, relinquishes and waives any and all rights to act as executor or executrix or administrator or administratrix of the other party's estate. Each of the parties hereto further covenants and agrees for himself and herself and his and her heirs, executors, administrators and assigns, that he or she will never at any time hereafter sue the other party or his or her heirs, executors, administrators or assigns, for the purpose of enforcing any of the rights relinquished under this paragraph. Fourth: Leaal Advice The provisions of this agreement and their legal effect have been fully explained to the parties by their respective counsel. The Wife has employed and had the benefit of counsel of Timothy J. O'Connell, Esquire, as her attorney. The Husband has had the benefit of counsel of Joanne Harrison Clough, Esquire. Each party acknowledges that he or she fully understands the facts and fully understands his or her legal rights and obligations and each party acknowledges and accepts that this agreement is, in the circumstances, fair and equitable, and that it is being entered into freely and voluntarily after having received such advice and with such knowledge, and that execution of the 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. The respective parties do 4 hereby warrant, represent and declare and do acknowledge and agree that each is and has been fully and completely informed of and is familiar with and cognizant of the wealth, real and/or personal property, estate and assets, earnings and income of the other and that each has made a full and complete disclosure to the other of his and her entire assets and liabilities and any further enumeration or statement thereof in this agreement is hereby specifically waived, and the parties do not wish to make or append hereto any further enumeration or statement. Each of the parties hereto further covenants and further agrees for himself and herself and his or her heirs, executors, administrators and assigns, that he or she will never at any time sue the other party or his or her heirs, executors, administrators or assigns, in any action or contention, direct or indirect, that there was any absence or lack of full disclosure or that there was any absence or lack of full, proper or independent representation. Fifth: Separation and Non-Molestation Agreement it shall be lawful for Husband and Wife at all times hereafter to live separate and apart from each other and to reside from time to time at such place or places as they shall respectively deem fit, free from any authority, control, restraint or interference, direct or indirect, by each other. Each party agrees that he or she will not molest or harass the other, or compel or endeavor to compel the other to cohabit or dwell with him or her by any legal or other proceedings. Each may have for her or his separate use and benefit the right to conduct, carry on or engage in any business, profession or occupation. Neither of the parties shall, in any way whatsoever, interfere with the other's employment or occupation. The parties are free to mutually and voluntarily make any efforts at reconciliation as he or she or they shall deem proper. The foregoing provision, however, 5 shall not be taken to be an admission on the part of either Husband or Wife of the lawfulness or unlawfulness of the causes leading to their living apart, and shall not be taken to be an admission on the part of either Husband or Wife as to whether either party committed desertion and continues in such desertion, and nothing contained in this agreement is to be deemed to justify such continued desertion. It is specifically intended and understood and agreed by and between the parties hereto that each is to be enabled to live not only separate and apart from each other, but is also free to act as if he or she were unmarried so far as any other persons are concerned and each covenants and agrees not to harass or embarrass the other or any other person who either party may hereafter see socially. Each of the parties hereto covenants and agrees that neither will deny or endeavor to abridge any right of support or maintenance which the other might have because of any alleged conduct with regard to any third persons; provided, however, that the parties hereto recognize that it is intended that this agreement shall and does supersede any and all rights or claims to support. Each of the parties hereto covenants and agrees that he and she will not charge the other with adultery in any action of any nature whatsoever, directly or indirectly, or whether involving the parties or third persons. Sixth: Debts All debts, contracts, obligations or liabilities incurred at any time in the past or future by either of the parties will be 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 her estate indemnified and saved harmless from all 6 debts or liabilities incurred by him or her, as the case may be, and from all actions, claims and demands whatsoever with respect thereto, and from all costs, legal or otherwise, and counsel fees whatsoever appertaining to such actions, claims and demands. Neither party shall, after the date of this agreement, contract or incur any debt or liability for which the other or his or her property might be responsible, and shall indemnify and save harmless the other from any and all claims or demands made against her or him by reason of debts or obligations incurred by her or him and from all costs, legal costs and counsel fees unless provided to the contrary herein. Seventh: Equitable Distribution Real Estate. Wife agrees to transfer all of her right, title and interest in the marital domicile located at 15 Bellmore Road, Camp Hill, to Husband, said transfer shall be subject to the mortgage thereon in favor of Wells Fargo and the second mortgage in favor of Real Time Resolutions which Husband specifically agrees to assume. Husband agrees to indemnify and hold Wife harmless from any claim, debt or obligation arising from ownership of said property. Within one (1) year of the date hereof, Husband agrees to refinance the first and second mortgages and remove Wife as an obligor thereon. Wife agrees to sign a deed transferring her interest in the property at the time of the refinance. Husband fiirther agrees to pay Wife at the time of the refinance one-half the difference between the amounts owed on the two current mortgages and the appraised value. Pension and Retirement Accounts. Each party agrees to waive any claim they may have to any pension, 401(K), IRA or deferred compensation or other retirement account currently in the name of the other. 7 Personal Property. The parties agree to set over, transfer and assign all their right, title and interest in the property now in the possession of the other. Elehth• Alimony. Support and Counsel Fees The parties agree to waive any right each may have against the other for alimony, spousal support and counsel fees. Ninth: Confirmatory Documents Husband and Wife covenant and agree that they will forthwith (and within at least fifteen days after demand therefor) execute any and all written instruments, assignments, releases, satisfactions, deeds, notes or such other writings as may be necessary or desirable for the proper effectuation of this agreement. The parties will further deliver to each other whatever personal papers, documents or writings that each now possess which are the property of the other. Tenth: A reement to Continue in Event of Divorce This agreement shall remain in full force and effect unless and until it is terminated either by mutual written consent of both parties, or to the extent it is appropriately terminated by the death of either party under the terms of this agreement. The failure of either party to insist upon strict performance of any of the provisions of this agreement shall not be construed as a waiver of any subsequent default of the same or similar nature. In the event that the marriage of the parties hereto is terminated by divorce, this agreement shall nevertheless remain in full force and in effect and shall survive such decree and shall not in any way be affected thereby, except as provided herein. Eleventh: Agreement Binding on Heirs The terms, provisions and conditions of this agreement shall be binding upon any and all of their heirs, executors, administrators, successors and assigns of either the respective parties hereto, except as otherwise herein provided. Twelfth: Applicable Law This agreement shall be construed under the laws of the Commonwealth of Pennsylvania. Thirteenth: Prior Atreements It is understood and agreed that any and all property settlement agreements which may or have been executed prior to the date and time of this agreement are null and void and of no effect. Fourteenth: Void Clauses If any term, condition, clause or provision of this agreement shall be determined or declared to be void or invalid in law or otherwise, then only that term, condition, clause or provision shall be stricken from this agreement and in all respects this agreement shall be valid and continue in full force, effect and operation. No provision of this agreement shall be interpreted for or against any party because that party or that party's representative drafted this agreement in whole or in part. Fifteenth: Enforcement it is expressly understood and agreed by and between the parties hereto that this agreement may be specifically enforced by Husband or Wife in a court of equity, and the parties hereto agree that if an action to enforce this agreement is brought in equity by either party, the other party will make no objection on the alleged ground of lack of 9 I such attorney's fees, costs, and legal expenses and expenses must first be successful in whole or in part, before there would be any liability for attorney fees. All remedies provided by law and all remedies provided for in this agreement for enforcement of this agreement shall be deemed to be cumulative and the exercise of one remedy shall not bar or prevent the pursuit of any other remedy and either party may elect to pursue such remedies simultaneously and the exercise of a remedy one or more times shall not exhaust its use or prevent further pursuit of such remedy. This agreement shall not be deemed to merge into the decree of divorce. In witness whereof, and intending to be legally bound hereby, the parties hereto have hereunto set their hands and seals the date and year first written above. Witness: 11 DALE LEE STILES, Plaintiff VS. NICOLE LEIGH STILES, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA : NO. 09-6132 CIVIL ACTION IN DIVORCE PRAECIPE TO TRANSMIT THE RECORD 1. Grounds for divorce: Section 3301(c) of the Divorce Code 2. Date complaint filed: September 9 2009 If service 30 days after date of filing, date complaint reinstated: Manner of service of the complaint: Certified mail, restricted delivery to and return receipt signed by defendant X Acceptance of service 3. Affidavit of consent and waiver of notice to file praecipe to transmit required by Section 3301(c) of the Divorce Code: By plaintiff: dated May 25, 2012, and filed June 4, 2012 By defendant: dated May 29, 2012, and filed June 4, 2012 4. Related claims pending: None VERIFICATION I verify that the statements made in this praecipe are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S.A. §4904 relating to unworn falsification to authorities. Date: 6/5/2012 Timothy J. O' onnell Esquire TURNER AND O'CONNELL 4701 North Front Street Harrisburg, PA 17110 Attorney for Plaintiff b-4.- IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA DALE LEE STILES V. NICOLE LEIGH STILES NO. 09-61:32 DIVORCE DECREE AND NOW, IS ,ZOt2- , it is ordered and decreed that DALE LEE STILES , plaintiff, and NICOLE LEIGH STILES , defendant, are divorced from the bonds of matrimony. Any existing spousal support order shall hereafter be deemed an order for alimony pendente lite if any economic claims remain pending. The court retains jurisdiction of any claims raised by the parties to this action for which a final order has not yet been entered. Those claims are as follows: (If no claims remain indicate "None.") The Property Settlement Agreement between Dale Lee Stiles, plaintiff, and Nicole Leigh Stiles, defendant, dated April 19, 2012, shall be incorporated, but not merged, into the final Divorce Decree. y the C purt, Thomas A. Placey ommon Pleas J. 6. rz. eed 6 9& , Ged 74P ?? .,e) ho A/O?C%e ?lt