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HomeMy WebLinkAbout09-8697Lindsay Gingrich Maclay, Esquire DALEY ZUCKER MEILTON MINER & GINGRICH, LLC 1029 Scenery Drive Harrisburg, PA 17109 (717) 657-4795 lmac lay_Adzmmglaw. com IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA MICHAEL S. MARTIN, Plaintiff No. WM 7 01"V1-1 V. NAOMI L. MARTIN, Defendant CIVIL ACTION - LAW (In Divorce) NOTICE 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 at the Cumberland County Court House, One 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 32 South Bedford Street Carlisle, Pennsylvania 17013 (717) 249-3166 DALEY ZUCKER MEILTON MINER & GINGRICH, LLC Date: I awbN I-1 , ul"Al By; -. Misay G' ' h c ay, Es e pe ID #87954 1029 Scenery Drive Harrisburg, Pennsylvania 17109 Attorneys for Plaintiff Lindsay Gingrich Maclay, Esquire DALEY ZUCKER MEILTON MINER & GINGRICH, LLC 1029 Scenery Drive Harrisburg, PA 17109 (717) 657-4795 lmaclgy@dzmmp,law.com IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA MICHAEL S. MARTIN, Plaintiff No. ®4• 8I ?- • `11 7 C:'? U -r?- v. NAOMI L. MARTIN, Defendant CIVIL ACTION - LAW (In Divorce) COMPLAINT UNDER & 3301(c) OR & 3301(d) OF THE DIVORCE CODE 1. Plaintiff is Michael S. Martin, who currently resides at 202 April Drive, Camp Hill, Cumberland County, Pennsylvania. 2. Defendant is Naomi L. Martin, who also currently resides at 1923 Columbia Avenue, Camp Hill, Cumberland County, Pennsylvania. 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. Plaintiff and Defendant were married on November 6, 2005, in Enola, Cumberland County, Pennsylvania. 5. Two children were born of this marriage, namely: Lucas Michael Martin, whose date of birth is September 8, 2004, and Macy Vella Martin, whose date of birth is April 18, 2006. 6. There have been no prior actions of divorce or for annulment between the parties. 7. The parties have been advised of the availability of marriage counseling and their ability to request that the Court require the parties to participate in counseling. They have been further advised that they can obtain a list of counselors from the Cumberland County Prothonotary's Office. Having been so advised Plaintiff does not desire the Court to order counseling. See Plaintiff's Affidavit attached hereto as Exhibit "A" and incorporated herein by reference. 8. Neither Plaintiff nor Defendant is a member of the Armed Services of the United States or any of its Allies. 9. The cause(s) of action and section(s) of Divorce Code under which Plaintiff is proceeding are: A. Section 3301(c). The marriage of the parties is irretrievably broken. After ninety (90) days have elapsed from the date of the filing of this Complaint, Plaintiff intends to file and Affidavit consenting to a divorce. Plaintiff believes that Defendant may also file such an Affidavit. B. Section 3301(d). The marriage of the parties is irretrievably broken. The Plaintiff and Defendant separated on or about November, 2009. WHEREFORE, Plaintiff requests your Honorable Court to enter a Decree in Divorce, divorcing Plaintiff and Defendant from the bonds of matrimony. Date: D Ce m otk 11( Nq Respectfully submitted, DALEY ZUCKER MEILTON MINER & GINGRICH, LLC By: , squi L' say Gin c aA54 Supreme Coulj)D # 1029 Scenery Drive Harrisburg, Pennsylvania 17109 Attorneys for Plaintiff Exhibit "A" AFFIDAVIT I, Michael S. Martin, being duly sworn according to law, depose and say: (1) I 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. (2) I understand that the court maintains a list of marriage counselors in the Prothonotary's Office, which list is available to me upon request. (3) 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 understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. Dated: Michael S. Makin, Plaintiff VERIFICATION I, Michael S. Martin, verify that the statements made in this Complaint are true and correct to the best of my knowledge, information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904, relating to unworn falsification to authorities. Dated: 1;11712m Michael S. Martin, Plaintiff F? r 1 t 435 ? 41? 1 'oelWy l i 5? ;35'aq Lindsay Gingrich Maclay, Esquire DALEY ZUCKER MEILTON MINER & GINGRICH, LLC 1029 Scenery Drive Harrisburg, PA 17109 (717) 657-4795 lmaclay(iDdzmmglaw. corn IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA c, d MICHAEL S. MARTIN, ` Plaintiff No. 2009-8697 V. CIVIL ACTION - LAW - {n NAOMI L. MARTIN, t,r Defendant (In Divorce) AFFIDAVIT OF SERVICE I, Amanda M. Shull, Paralegal to Lindsay Gingrich Maclay, Esquire, being duly sworn according to law, deposes and says that on the 14th day of January, 2010, I did serve upon Naomi L. Martin, Defendant in the foregoing case, a true and correct certified copy of the December 17, 2009 Divorce Complaint, by sending a copy of same to Naomi L. Martin via certified mail, restricted delivery, return receipt requested and via regular United States mail, to 1923 Columbia Avenue, Camp Hill, Pennsylvania, 17011. A copy of the Return Receipt is attached hereto as Exhibit "A". Sworn to and subscribed before me this /OP y of 41 2010 By: t;O1VIIui0IJWEALTH OF PENNSYLV NOTARIAL SEAL Gloria M Rine, Notary Public Lower Paxton Townsbip, Iauplun County commission expires November 15, 2011 DALEY ZUCKER MEILTON MINER 4?da &GIINGRICH,,LLC ?f /f? I . ?h"a-C? Amanda M. Shull, Paralegal to Lindsay Gingrich Maclay, Esquire 1029 Scenery Drive Harrisburg, PA 1.7109 (717) 657-4795 ., CERTIFIED MA (Domestic Mall Only: Nc ¦ ? - M Postage $ r9 C3 Certlfled Fee 0 C3 Retum Receipt Fee (Erulorsemerrt Required) C3 Restrk?ted I "-ry Fee [r (ErWoraemert Required) ni Total Postage & Fees Ls. I j t) C3 S . c)Mk T C - W or PO Box f. I f 9 1 I) v ¦ Ccnrpiels items 1, 2, and 3. Also comple Nwn 4 If Restrlcled Dew" is deeired. ¦ Print your name and address on the rave so that we can return the card to you. ¦ AUsch this card to the beds of the rrrallpi or on the front H space permits. 1. ArWe Addressed to: Ms. Won aon L, MO V-H 1923 wumiol a ACv e- C_,rap ? yl I PA Poi I U M Postmark T Here ? k C A $iQfWftn 11 B `Reoefv?d by ( Dde of D*my I D. Is d*.Wy from bm 11 ? Yes H YES, enter delivery address below: ? No 3 Service Type o OwdW Mall ? Spess Dail ? Regid 1' 0 Rettun Receipt for MerdW4W 0 hwired and 13 O.O.D. 4. Rasbicted Delhrery9 gDa" Fee) ltis 2./e 'etbNuntber 7004 2890 0001 3911 2104 nbraferfto SWAN "0 - -- PS Form 3811, Fewwy tow DorrreeNr Patron ReoNpt 102WS.02-WI540 Quintina M. Laudermilch, Esquire DALEY ZUCKER MEILTON MINER & GINGRICH, LLC 1029 Scenery Drive Harrisburg, PA 17109 (717) 657-4795 tlaudermilch(a)dzmm glaw.com IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA MICHAEL S. MARTIN, Plaintiff V. NAOMI L. MARTIN, Defendant No. 2009-8697 <7 G -n3 raw zM a? cnr' Z <c zo ?c z C* -n rn rxY 1 -J C':: m `z V rn r+? C:) --4c:) o? a" -Ir" a CIVIL ACTION - LAW IN DIVORCE AFFIDAVIT OF CONSENT -v a C) W 1. A Complaint in Divorce under § 3301(c) of the Divorce Code was filed on December 17, 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. Date: /,z yy// Aa=;-? Michael S. Martin, Plaintiff F iLED-OFFICL Quintina M. Laudermilch, Esquire I F PRdTNONOTAFT`f DALEY ZUCKER MEILTON MINER & GINGRICH, LLC 2011 C r EB ^7 r r pM 2: 0 t¢ 1029 Scenery Drive Harrisburg, PA 17109 CUMBERLAND COUNTY (717) 657-4795 PENNSYLVANIA tlaudermilchna.dzmmglaw.com IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA MICHAEL S. MARTIN, Plaintiff No. 2009-8697 V. NAOMI L. MARTIN, Defendant CIVIL ACTION - LAW IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REOUEST ENTRY OF A DIVORCE DECREE UNDER & 3301(c) OF THE DIVORCE CODE I consent to the entry of a final decree of divorce without notice. 2. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if I do not claim them before a divorce is granted. 3. I understand that I will not be divorced until a divorce decree is entered by the Court and that a copy of the decree will be sent to me immediately after it is filed with the Prothonotary. I verify that the statements made in this waiver are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. §4904 relating to unsworn falsification to authorities. Date: Michael S. Martin, Plaintiff' IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA MICHAEL S. MARTIN, Plaintiff V. NAOMI L. MARTIN, Defendant No. 2009-8697 CIVIL ACTION - LAW IN DIVORCE AFFIDAVIT OF CONSENT C-) G o ? rr1w -n --i Z? CO -0 M -70 J . 'mod -a z-T1 - Zo a C ) vc ? C ?m o 1. A Complaint in Divorce under § 3301(c) of the Divorce Code was filed on December 17, 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. Date: Naomi L. Martin, Defendant ?hI + 11 ??' ? n r-iLk-O-OFFICE LF ;, E RROTHONOTAR f 2011 FEB -7 PM 2: 04 CU PENNSYLVANIA TY IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA MICHAEL S. MARTIN, Plaintiff V. No. 2009-8697 CIVIL ACTION - LAW NAOMI L. MARTIN, Defendant IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER § 3301(c) OF THE DIVORCE CODE 1. I consent to the entry of a final decree of divorce without notice. 2. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if I do not claim them before a divorce is granted. 3. I understand that I will not be divorced until a divorce decree is entered by the Court and that a copy of the decree will be sent to me immediately after it is filed with the Prothonotary. I verify that the statements made in this waiver are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. §4904 relating to unsworn falsification to authorities. Date: Naomi L. Martin, Defendant QJ ust FILED-OFFICE Quintina M. Laudermilch, Esquire OF THE PROTHONOTARY DALEY ZUCKER MEILTON MINER & GINGRICH, LLC 2N I FEB "7 PM Z: 05 1029 Scenery Drive Harrisburg, PA 17109 CUMBERLAND COUNTY (717) 657-4795 PENNSYLVANIA tiaudermilch@dzmmglaw.com IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA MICHAEL S. MARTIN, Plaintiff No. 2009-8697 V. CIVIL ACTION - LAW NAOMI L. MARTIN, IN DIVORCE Defendant MARITAL SETTLEME,/ NT AGREEMENT THIS AGREEMENT is made this day of ?' "? f? ( O?O by and between Michael S. Martin (hereinafter "Husband") and Naomi L. Martin (hereinafter "Wife") WITNESSETH WHEREAS, Husband and Wife were lawfully married on November 6, 2005 in Enola, Cumberland County, Pennsylvania; and WHEREAS, the parties are the natural parents of two children, namely Lucas Michael Martin, born September 8, 2004 and Macy Vella Martin, born April 18, 2006; and WHEREAS, Husband filed a Complaint for Divorce on December 17, 2009 in the Court of Common Pleas of Cumberland County, Pennsylvania, Docket Number 2009-8697; WHEREAS, certain differences have arisen between the parties as a result of which they have separated and now live separate and apart from one another, and are desirous of settling fully and finally their respective financial and property rights and obligations as between each other, Page 1 of 12 including, without limitation by specification: the settling of all matters between them relating to the past, present and future support 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 for equitable distribution of all marital property; and a resolution of all mutual responsibilities and rights growing out of the marriage relationship; and WHEREAS, the parties hereto, fully understand and agree that Husband is represented by Quintina M. Laudermilch , Esquire, and that Wife has the right to have the advice of independent counsel prior to the signing of this Agreement, and that by signing this Agreement Wife recognizes that she fully understands the legal impact of this Agreement and waives her right to have the Agreement reviewed by an independent attorney of her choosing and further intends to be legally bound by the terms of this Agreement. NOW THEREFORE, in consideration of the above recitals and the following covenants and promises mutually made and mutually to be kept, the parties :heretofore, intending to be legally bound and to legally bind their heirs, successors and assigns thereby, covenant, promise and agree as follows: 1. SEPARATION: It shall be lawful for each party at all times hereafter to live separate and apart from the other party at such place or places as he or she from time to time may choose or deem fit, free from any control, restraint or interference from the other. 2. PERSONAL RIGHTS: Each party shall be free from interference, authority and contact by the other, as fully as if he or she were single and unmarried, except as may be necessary to carry out the provisions of this Agreement. Neither party shall molest the other nor attempt to endeavor to molest the other, nor compel the other to cohabit with the other, nor in any way harass or malign the other, nor in any way interfere with the peaceful existence, separate and Page 2 of 12 apart from the other in all respects as if he or she were single and unmarried except as may be necessary to carry out the terms of this Agreement and/or the terms of any Custody Agreement or Order. 3. DEBTS: A. MARITAL DEBT: Husband and Wife acknowledge and agree that there are no outstanding debts and obligations of which they are aware or for which the other might be liable incurred prior to the execution of this Agreement. B. POST SEPARATION DEBT: In the event that either party contracted or incurred any debt since the date of separation November 2009, the party owing said debt shall be responsible for the payment thereof regardless of the name in which the debt may have been incurred and shall indemnify and save harmless the other party from any and all claims or demands made against him or her by reason of debts or obligations incurred by the other party. C. FUTURE DEBT: Except as otherwise herein provided, from the date of this Agreement, neither party shall contract or incur any debt or liability for which the other party or his or her property or estate might be responsible and shall indemnify and save harmless the other party from any and all claims or demands made against him or her by reason of debts or obligations incurred by the other party. 4. PERSONAL PROPERTY: Wife and Husband do hereby agree that they have previously divided their tangible personal property including, but without limitation, jewelry, clothes, furniture, furnishings, rugs, carpets, household equipment and appliances, pictures, books, works of art and any other personal property and hereafter Wife agrees that all of the property in the possession of Husband shall be the sole and separate property of Husband; and Husband agrees that all of the property in the possession of Wife shall be the sole and separate Page 3 of 12 property of Wife. The parties do hereby specifically waive, release, renounce and forever abandon whatever claims, if any, he or she may have with respect to the above items which shall become the sole and separate property of the other, with full power to him or her to dispose of the same as fully and effectually, as though he or she were unmarried. 5. DIVISION OF BANK ACCOUNTS: The parties acknowledge that any and all joint bank accounts have been closed or divided to their mutual satisfaction prior to the execution of this Agreement. Husband and Wife hereby waive all right, title, claim or interest they may have by equitable distribution in their respective bank accounts, checking or savings, if any, and each party waives against the other any duty of accounting for disposition of any jointly held funds. 6. MOTOR VEHICLES: With respect to the motor vehicles owned by one or both of the parties, they hereby agree as follows: A. The 1999 Buick Century shall become the sole and exclusive property of Husband free and clear of all liens and encumbrances; B. The 2000 Dodge Durango shall become the sole and exclusive property of Wife free and clear of all liens and encumbrances; and C. The titles to the said motor vehicles shall be executed by the parties, if appropriate for effecting transfer as herein provided, on the date of execution of this Agreement and the said executed title shall be delivered to the proper parties on the distribution date. 7. AFTER-ACQUIRED PERSONAL PROPERTY/REAL ESTATE: Each of the parties shall hereafter own and enjoy, independently of any claim or right of the other, all items of personal property, tangible or intangible, and any real estate hereafter acquired by him or her, with full power, in him or her to dispose of the same as fully and effectively, in all respects Page 4 of 12 and for all purposes, as though he or she were unmarried. 8. HEALTH INSURANCE: Each parry shall bear responsibility for obtaining and maintaining his or her own health insurance coverage and for his or her own unreimbursed medical expenses. 9. WAIVER OF ALIMONY: Both parties acknowledge and agree that the provisions of this Agreement providing for equitable distribution of marital property are fair, adequate and satisfactory to them and are accepted by them in lieu of and in full and final settlement and satisfaction of any claims or demands that either may now or hereafter have against the other for support, maintenance or alimony. Husband and Wife further voluntarily and intelligently waive and relinquish any right to seek from the other any payment for support or alimony. 10. ALIMONY PENDENTE LITE, COUNSEL FEES, AND EXPENSES: Husband and Wife acknowledge and agree that the provisions of this Agreement providing for the equitable distribution of marital property of the parties are fair, adequate and satisfactory to them. Both parties agree to accept the provisions set forth in this Agreement in lieu of and in full and final settlement and satisfaction of all claims and demands that either may now or hereafter have against the other for spousal support, alimony pendente lite, counsel fees or expenses or any other provision for their support and maintenance before, during and after the commencement of any proceedings for divorce or annulment between the parties. 11. INCOME TAX: The parties have heretofore filed certain joint income tax returns and the parties represent and warrant that they have heretofore duly paid all income taxes due on such returns; that they do not owe any interest or penalties with respect thereto; that no tax deficiency is pending or threatened against the parties; and that no audit is pending with respect to Page 5 of 12 any such 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 and any interest, penalty and expense incurred in connection 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 failures to disclose the nature and extent of his or her separate income on the aforesaid joint returns. 12. TAX MATTERS: The parties have negotiated this Agreement with the understanding and intention to divide their mutual property. The parties have determined that such division conforms to a right and just standard with regard to the rights of each party. The division of existing marital property is not, except as may be otherwise expressly provided herein, intended by the parties to constitute in any way a sale or exchange of assets. It is understood that the property transfers described in this Agreement 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 by the transferor. 13. WAIVERS OF CLAIMS AGAINST ESTATES: Except as herein otherwise provided, each party may dispose of his or her property in any way, and each party hereby waives and relinquishes any and all rights he or she may now have or hereafter acquire, under the present or future laws of any jurisdiction, to share in the property or the estate of the other as a result of the marital relationship, including without limitation, dower, curtesy, statutory allowance, widow's allowance, right to take in intestacy, right to take against the will of the other, and right to act as administrator or executor of the other's estate. Each will, at the request of the other, Page 6 of 12 execute, acknowledge and deliver any and all instruments which may be necessary or advisable to carry into effect this mutual waiver and relinquishment of all such interests, rights and claims. 14. DISCLOSURE: Each of the parties hereto acknowledges that he or she 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, the 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 further acknowledges that he or she 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 Courts of this Commonwealth or any other Court of competent jurisdiction. The respective parties do hereby acknowledge, recognize and accept that there has been full and fair disclosure to the other of his or her assets and liabilities, and each party agrees that any right to further disclosure, valuation, enumeration or statement hereof in this Agreement is hereby specifically waived, and the parties do not wish to make or append hereto any further enumeration or statement. The parties hereby acknowledge and agree that the division of the marital assets as set forth in this Agreement are fair, reasonable and equitable, and are satisfactory to them. Each of the parties hereto further covenants and agrees for himself and herself and his or her heirs, executors, administrators or assigns, that he or she will never at any time hereafter sue the other party or his or her heirs, executors, administrators and assigns in any action of contention, direct or indirect, and allege therein that there was a denial of any rights to full disclosure, or that there was any fraud, duress, undue influence, or that there was a failure to have available full, proper and independent representation by legal counsel. 15. DIVORCE: The parties agree and acknowledge that their marriage is irretrievably broken, that they do not desire marital counseling, and that they both consent to the entry of a Page 7 of 12 decree in divorce pursuant to 23 Pa.C.S.A. Section 3301(c). Accordingly, upon execution of this Agreement, both parties shall execute such consents, affidavits, or other documents and to direct their respective attorneys to forthwith file such consents, affidavits, or other documents as may be necessary to promptly proceed to obtain a divorce pursuant to said 23 Pa.C.S.A. Section 3301(c). Upon request, to the extent permitted by law and the applicable Rules of Civil Procedure, the named defendant in such divorce action shall execute any waivers of notice or other waivers necessary to expedite such divorce. It is the intention of the parties that the Agreement shall survive any action for divorce which may be instituted or prosecuted by either party and no order, judgment or decree of divorce, temporary, final or permanent, shall affect or modify the financial terms of this Agreement. This Agreement shall be incorporated in but shall not merge into any such judgment or decree of final divorce, but shall be incorporated for the purposes of enforcement only. 16. EFFECT OF RECONCILIATION OR COHABITATION: This Agreement shall remain in full force and effect and shall not be abrogated even if the parties effect reconciliation, cohabit as husband and wife or attempt to effect reconciliation. 17. RIGHTS AND RESPONSIBILITIES: Husband and Wife acknowledge that each of them has read and understands his and her rights and responsibilities under this Agreement and that they have executed this Agreement under no compulsion to do so but as a voluntary act. 18. RELEASE OF ALL CLAIMS: Subject to the provisions of this Agreement, each party waives his or her right to alimony and any further distribution of property inasmuch as the parties hereto agree that this Agreement provides for an equitable distribution of their marital property in accordance with the Divorce Code of 1980. Subject to the provisions of this Page 8of12 Agreement, each party has released and discharged, and by this Agreement does for himself or herself, and his or her heirs, legal representatives, executors, administrators and assigns, release and discharge the other of and from all causes of action, claims, rights or demands whatsoever arising out of their marriage, except any or all cause or causes of action for divorce and except in any or all causes of action for breach of any provisions of this Agreement. Each party also waives his or her right to request marital counseling pursuant to 23 Pa.C.S.A. Section 3302. 19. 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 other respects this Agreement shall continue in full force, effect and operation. 20. INDEPENDENT SEPARATE COVENANTS: It is specifically understood and agreed by and between the parties hereto that each paragraph hereof shall be deemed to be a separate and independent covenant and agreement. 21. GOVERNING LAW: All matters affecting the interpretation of this Agreement and the rights of the Parties hereto shall be governed by the laws of the Commonwealth of Pennsylvania. 22. DATE OF EXECUTION: The "date of execution" or "execution date" of this Agreement shall be defined as the date upon which it is executed by the parties if they have each executed the Agreement on the same date. Otherwise, the "date of execution" or "execution date" of this Agreement shall be defined as the date of execution by the party last executing this Agreement. 23. BREACH: In the event that either party breaches any provision of this Agreement, he or she shall be responsible for any and all costs incurred to enforce the Page 9 of 12 Agreement, including, but not limited to, court cost and counsel fees of the other parry. In the event of breach, the other parry shall have the right, at his or her election, to sue for damages for such breach or to seek such other and additional remedies as may be available to him or her. 24. ENTIRE UNDERSTANDING: This Agreement contains the entire understanding of the parties and there are no representations, warranties, covenants or undertakings other than those expressly set forth herein. Husband and Wife acknowledge and agree that the provisions of this Agreement with respect to the distribution and division of marital and separate property are fair, equitable and satisfactory to them based on the length of their marriage and other relevant factors which have been taken into consideration by the parties. Both parties hereby accept the provisions of this Agreement with respect to the division of property in lieu of and in full and final settlement and satisfaction of all claims and demands that they may now have or hereafter have against the other for equitable distribution of their property by any court of competent jurisdiction pursuant to 23 Pa.C.S.A. Section 3501 et. sec.. or any other laws. Husband and Wife each voluntarily and intelligently waive and relinquish any right to seek a court ordered determination and distribution of marital property, but nothing herein contained shall constitute a waiver by either party of any rights to seek the relief of any court for the purpose of enforcing the provisions of this Agreement. 25. AGREEMENT BINDING ON PARTIES AND HEIRS: It is understood and agreed that not only the parties hereto, but also their heirs, administrators, executors and assigns, shall be bound by all the terms, conditions and clauses of this Agreement. 26. WAIVER OR MODIFICATION TO BE IN WRITING: A modification or waiver of any of the provisions of this Agreement shall be effective only if made in writing and executed with the same formality as this Agreement. The failure of either party to insist upon Page 10 of 12 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. 27. NO WAIVER OF DEFAULT: This Agreement shall remain in full force and effect unless and until terminated under and pursuant to the terms of this Agreement. The failure of either party to insist upon strict performance of any of the provisions of this Agreement shall in no way affect the right of such party hereafter to enforce the same, nor shall the waiver of any breach of any provision hereof be construed as a waiver of any subsequent default of the same or similar nature, nor shall the waiver of any breach of any provision hereof be construed as a waiver of strict performance of any other obligations herein. 28. HEADINGS NOT A PART OF AGREEMENT: Any headings preceding the text of the several paragraphs and subparagraphs hereof are inserted solely for convenience of reference and shall not constitute a part of this Agreement nor shall they affect its meaning, construction or effect. 29. CONSTRUCTION: 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. IN WITNESS WHEREOF, the Parties have set their hands and seals to two counterparts of this Agreement, each of which shall constitute an original, the day and year first above written. Michael S. Martin, Plaintiff Na mi L. artin D nda Page 11 of 12 COMMONWEALTH OF PENNSYLVANIA ) emu' ??h ) SS. COUNTY OF ) ad It On this, the day of ,404.0, before me, a notary public, the undersigned officer, personally appeared Michael S. artin, known to me (or satisfactorily proven) to be the person whose name is subscribed to the within instrument, and acknowledged that he executed the same for the purposes therein contained. In Witness Whereof, I hereunto set my hand and notarial seal. Notary Public COMMONWEALTH OF PENNSYLVANIA NOTARIAL SEAL Gloria M Rine, Notary Public Lower Paxton Township, Dauphin County My commission expires November 15, 2011 COMMONWEALTH OF PENNSYLVANIA ) ) SS. COUNTY OF C uM t3&d4ivp ) 20)) On this, the i 24h day of J-il,c..r M-q , 29TEP before me, a notary public, the undersigned officer, personally appeared Naomi L. Martin, known to me (or satisfactorily proven) to be the person whose name is subscribed to the within instrument, and acknowledged that she executed the same for the purposes therein contained. In Witness Whereof, I hereunto set my hand and notarial seal. Q?&v Ac n zgw'64? /2o S CortiAv{ r :"YLVANIA Notary Public S'? rtFft-;f ??1t, . _ J?`t7 <,T Notaries Page 12 of 12 MICHAEL S. MARTIN, IN THE COURT OF-COMMON PLEAS PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 2009-8697 CIVIL TERM NAOMI L. MARTIN, IN DIVORCE DEFENDANT rrIrn C_ X Z ::o ;zc PRAECIPE TO TRANSMIT RECORD to =x'c) to (D ; C: To the Prothonotary: -? =r C) Transmit the record, together with the following informliti'dn,= to the Court for the entry of a divorce decree: 1. Ground for divorce: irretrievable breakdown under Section 3301(c) of the Divorce Code. 2. Date and manner of service of the complaint: On January 14, 2010, U.S. Postal Service, restricted delivery. 3. Date of execution of the affidavit of consent required by Section 3301(c) of the Divorce Code: By Plaintiff, January 24, 2011; By Defendant, January 21, 2011. 4. Related claims pending: None 5. Date Plaintiff's Waiver of Notice in § 3301(c) divorce was filed with the Prothonotary on February 7, 2011. Date Defendant's Waiver of Notice in § 3301(c) divorce was filed with the Prothonotary on February 7, 2011. :? L. M tin, Pro Se IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA MICHAEL S. MARTIN V. NAOMI L. MARTIN NO. 20()9 _ 8697 CIVIL TERM DIVORCE DECREE AND NOW, it is ordered and decreed that MICHAEL S. MARTIN , plaintiff, and NAOMI L. MARTIN 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 MARITAL SETTLEMENT AGREEMENT DATED JANUARY 24, 2011 IS HEREBY INCORPORATED INTO THIS DIVORCE DECREE. B t , Atte 'A ` t-•?Cff'.( C:(T,? Prothonotary J -3 o • /z • Cell- e -o pV 4 1,i44 c? X;1-4v /l Yo?t,e j coley o',gt4?& 1 T'? Q'P