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HomeMy WebLinkAbout10-05706 LEIGHTON P. STIFFLER, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION -LAW NATOSHA L. STIFFLER, NO. 70 CIVIL TERM r a .; CZ) Defendant IN DIVORCE '4 77 N r- C._1 t NOTICE TO DEFEND AND CLAIM RIGHTS t" r;, c7 rn You have been sued in Court. If you wish to defend against the claims setlortla tlQ following pages, you must take prompt action. You are warned that if you fail to do so, the case will proceed without you and a decree of divorce or annulment may be entered against you for any 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 Cumberland County Courthouse, Carlisle, Cumberland County, Pennsylvania, 17013. 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, Pennsylvania 17013 Phone: (717) 249-3166 or (800) 990-9108 f 33a.oo ,kc:y clzo- juss /e- e ?0 ( spy LEIGHTON P. STIFFLER, Plaintiff V. NATOSHA L. STIFFLER, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION -LAW NO. ??' s?d CIVIL TERM IN DIVORCE COMPLAINT IN DIVORCE NO FAULT 1. Plaintiff is Leighton P. Stiffler, an adult individual currently residing at 106 Virginia Avenue, Carlisle, Cumberland County, Pennsylvania. 2. Defendant is Natosha L. Stiffler, an adult individual currently residing at 147 Porter Avenue, Carlisle, Cumberland County, Pennsylvania. 3. Plaintiff is a bonafide resident of the Commonwealth of Pennsylvania and has been so for at least six months immediately previous to the filing of this Complaint. 4. Plaintiff and Defendant were married on November 23, 2002, in Cumberland County, Pennsylvania. 5. There have been no other prior actions for divorce or annulment between the parties. 6. Plaintiff has been advised of the availability of counseling and the right to request that the Court require the parties to participate in counseling. Knowing this, Plaintiff does not desire that the Court require the parties to participate in counseling. 7. Plaintiff and Defendant are citizens of the United States of America. A 8. The parties' marriage is irretrievably broken. 9. Plaintiff desires a divorce based upon the belief that the Defendant will, ninety (90) days from the date of service of this Complaint, consent to this divorce. WHEREFORE, Plaintiff requests your Honorable Court to enter a divorce pursuant to 23 P.S. Section 3301 (c) of the Domestic Relations Code. Respectfully submitted, -a..?-?1?.r en... a +- ?nu?? ?r? Hannah Herman-Snyder, Esquir Attorney for Plaintiff GRIFFIE & ASSOCIATES 200 North Hanover Street Carlisle, PA 17013 (717) 243-5551 (800) 347-5552 VERIFICATION I verify that the statements made in the foregoing document 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: Z (2 o i a - P LEIGH N P. STIFFLER, Plaintiff LEIGHTON P. STIFFLER, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION -LAW NATOSHA L. STIFFLER, NO. 2010-570 CIVIL TERM C Defendant IN DIVORCE n rn to AFFIDAVIT OF SERVICE <' AND NOW, this Z"d day of February, 2010, comes Hannah Herman-Sny , E%uirA and states that she mailed a certified and true copy of a Complaint in Divorce to the Defendant, Natosha L. Stiffler, at her address of 147 Porter Avenue, Carlisle, Pennsylvania, by certified mail, restricted delivery, return receipt requested. A copy of said receipt is attached hereto indicating service was made on January 29, 2010. .:d.nn.a.. - _A. „ Hannah Herman-Snyder, Esq ire Attorney for Plaintiff GRIFFIE AND ASSOCIATES 200 North Hanover Street Carlisle, PA 17013 (717) 243-5551 (800) 347-5552 Sworn and subscribed 0 before me this oZ n day of r ruGt?^ v , 2010 kZ&Z ri /h -Aa l4Z t , NOTAV PUBLIC NFL OIL Ai t in Now hiNo C?w?MM?N ? 9 4 • No Ins urance Coverage Provided) _0 For delivery information visit our website at www.usps.com M I OFFICI AL U a E - - ?° Postage $ ? ?0 ? Q P Certified Fee ? ` V J?? t? C3 Retum Recel l Fee Pi t0 (Endorsement Require d) j O Q? Restricted Delivery Fee ?? p (Endorsement Required) J ? USQ CIO Total Postage & Fees o- Sent To c C3 NVAAM& t, lb-'Afjkz? o 9ireei, APt'M.;' 17- or PO Boo 67ry 67- rNZ------ 4617---.r? r !- v r1. Ll. ?. tP+4 ION /79 3 ¦ Complete items 1, 2, and 3. Also canplete item 4 if Pmbicted Delivery Is detrlred. ¦ Print your name and address on the reverse str-tttat we can retum Vie card to you. ¦ Attach this card to the bark of the malipiece, or on the front If space permits. 1. Article Addressed to: S' ; lei /(/aIMsh,?e /. 1y7 4rl-er (?ar-//,t /.e, jqV !W)/3 A. 0 AUW V " C. Date of Delivery D. Is delivery address dl0srwtt hom Item l? U Yes if YES, enter delivery address. below:. ? No 3 lype ALOW11111111led MIA o Express MIN o RegMered XLPAtum Rsoeipt4or Mood a dw D Insured Meg 0 o o.D. 4. Restricted Depvery4 #Dtft Foo yes- 2. ArticleNurnber 7009 0080 0001 8043 6824 ffimrtslier fir>im MWVW WO - - Ps Form 3811, February M4 Domestic Return Receipt ion-te-,sM LEIGHTON P. STIFFLER, IN THE COURT OF COMMON PLEAS OF Plaintiff :CUMBERLAND COUNTY, PENNSYLVANIA v. :CIVIL ACTION -LAW NATOSHA L. STIFFLER, NO. 2010-570 CIVIL TERM Defendant IN DIVORCE n ~, PRAECIPE TO TRANSMIT RECORD ,T,~; --J? TO THE PROTHONOTARY: ~ ~ , ~ _ " =,- -ca - Transmit the record, together with the following information to the court for entf~ Hof a d~aorce -;' decree: '' 1. Ground for divorce: Irretrievable breakdown under §3301(c) (Strike out inapplicable section). 2. Date and manner of service of the Complaint: January 29, 2010, by restricted delivery, certified mail. 3. Complete either paragraph (a) or (b). (a) Date of execution of the Affidavit of Consent required by §3301 (c) of the Divorce Code: by Plaintiff: May 21, 2010 by Defendant: May 7, 2010 (b) (1) Date of execution of the affidavit required by §3301 (d) of the Divorce Code: (2) Date of filing and service of the plaintiff's affidavit upon the respondent: 4. Related claims pending: None 5. Complete either (a) or (b). (a) Date and manner of service of the notice of intention to file Praecipe to Transmit record, a copy of which is attached: (b) Date of plaintiff's Waiver of Notice in §3301 (c) Divorce was filed with the Prothonotary: May 24, 2010 Date defendant's Waiver of Notice in §3301 (c) Divorce was filed with the Prothonotary: May 14, 2010 ~.-(~L.Ll.a.~. PI ~ryn~tn - ~p~ . ~1 J1 Hannah Herman-Snyder, Esquire GRIFFIE & ASSOCIATES Attorney for Plaintiff ~ 1' .. ..~ i ,r~ ;gar ~0 f~t1~ ~ 6 PMi 3: 0'7 .... j.. ~L', , , ~~, PROPERTY AND SEPARATION AGREEMENT BETWEEN LEIGHTON P. STIFFLER AND NATOSHA L. STIFFLER GRIFFIE AND ASSOCIATES 200 NORTH HANOVER STREET CARLISLE, PA 17013 THISAGREEMENT, made this { day of 2010, by and between LEIGHTON P. STIFFLER, of 106 Virginia Avenue, Carlisle, Cumberland County, Pennsylvania, party of the first part, hereinafter referred to as "Husband", AND NATOSHA L. STIFFLER, of 147 Porter Avenue, Carlisle, Cumberland County, Pennsylvania, party of the second part, hereinafter referred to as "Wife", WITNESSETH: WHEREAS, the parties hereto are Husband and Wife, having been married on November 23, 2002, in Cumberland County, Pennsylvania. There were two children born of this marriage, Ethen Elijah Stiffler, born April 3, 2006, and Aaron Powers Stiffler, born September 23, 2004. WHEREAS, diverse unhappy differences, disputes and difficulties have arisen between the parties and it is the intention of Wife and Husband to live separate and apart, and the parties hereto are desirous of settling their respective financial rights and obligations as between each other including the settling of matters between them relating to the past, present and future support and/or maintenance of Wife by Husband and Husband by Wife. WHEREAS, the parties hereto wish finally and for all time to settle and determine their respective property and other rights growing out of their marital relation; wish to live separate and apart; and, wish to enter into this property and separation Agreement; WHEREAS, both and each of the parties hereto have been advised of their legal rights and the implications of this Agreement and the legal consequences which may and will ensue from the execution hereof; WHEREAS, Wife acknowledges that she is thoroughly conversant with and knows accurately the size, degree, and extent of the estate and income of Husband, and Husband acknowledges that he is thoroughly conversant with and knows accurately the size, degree and extent of the estate and income of Wife; NOW, THEREFORE, in consideration of the mutual promises, covenants and undertakings hereinafter set forth which are hereby acknowledged by each of the parties hereto, Wife and Husband, each intending to be legally bound hereby, covenant and agree as follows: 1. ADVICE OF COiJNSEL: This Agreement has been prepared by Hannah Herman-Snyder, Esquire, attorney for Husband. Said attorney at the commencement of and at all stages during the negotiation of this Agreement informed Wife that she has acted solely as counsel for Husband and has not advised or represented Wife in any manner whatsoever. Wife, at the commencement of and all stages during the negotiations of this Agreement has been informed by Hannah Herman-Snyder, Esquire, that she has a right to be represented by her own counsel and has encouraged her to seek the advice of counsel. Wife has read this Agreement carefully and thoroughly understands each provision and therefore signs it freely and voluntarily. 2. WARRANTY OF DISCLOSURE: The parties warrant and represent that they have made a full disclosure of all assets and their valuation prior to the execution of this Agreement. This disclosure was in the form of an informal exchange of information by the parties' attorneys and/or parties and this Agreement between the parties is based upon this disclosure. 3. MUTUAL RELEASE: Husband and Wife each do hereby mutually remise, release, quitclaim, and forever discharge the other and the estate of such other, for all times to come and for all purposes whatsoever, of and from any and all right, title and interest, or claims in or against the property (including income and gain from property hereafter accruing) of the other or against the estate of such other, of whatever nature and wheresoever situate, which he or she now has or at any time hereafter may have against such other, the estate of such other, or any part thereof, whether arising out of any former acts, contracts, engagements, or liabilities of such other as by way of dower or curtesy, or claims in the nature of dower or curtesy or widow's or widower's rights, family exemption, or similar allowance, or under the intestate laws, or the right to take against the spouse's Will; or the right to treat a lifetime conveyance by the other as testamentary, or all other rights of a surviving spouse to participate in a deceased spouse's estate, whether arising under the laws of (a) Pennsylvania, (b) any state, commonwealth or territory of the United States, or (c) any other country, or any rights which either party may have or at any time hereafter have for past, present, or future support or maintenance, alimony, alimony pendente lite, counsel fees, costs or expenses, whether arising as a result of the marital relation or otherwise, except and only except, all rights and agreements and obligations of whatsoever nature arising or which may arise under this Agreement or for the breach of any thereof. It is the intention of Husband and Wife to give to each other by execution of this Agreement a full, complete, and general release with respect to any and all property of any kind or nature, real or personal, not mixed, which the other now owns or may hereafter acquire, except and only except, all rights and agreements and obligations of whatsoever nature arising or which may arise under this Agreement or for the breach of any thereof. 4. PERSONAL RIGHTS AND SEPARATION: Wife and Husband may and shall, at all times hereafter, live separate and apart. They shall be free from any control, restraint, interference or authority, direct or indirect, by the other in all respects as if they were unmarried. They may reside at such place or places as they may select. Each may, for his or her separate use or benefit, conduct, carry on and engage in any business, occupation, profession or employment which to him or her may seem advisable. Wife and Husband shall not molest, harass, disturb or malign each other or the respective families of each other nor compel or attempt to compel the other to cohabit or dwell by any means or in any manner whatsoever with him or her. 5. AGREEMENT NOT A BAR TO DIVORCE PROCEEDINGS. This Agreement shall not be considered to affect or bar the right of Wife or Husband to a limited or absolute divorce on lawful grounds if such grounds now exist or shall hereafter exist or to such defense as may be available to either party. This Agreement is not intended to condone and shall not be deemed to be a condonation on the part of either party hereto of any act or acts on the part of the other party which have occasioned the disputes or unhappy differences which have occurred prior to or which may occur subsequent to the date hereof. The parties intend to secure a mutual consent, no-fault divorce pursuant to the terms of Section 3301 (c) or (d) of the Divorce Code of 1980. 6. AGREEMENT TO BE INCORPORATED IN DIVORCE DECREE: The parties agree that the terms of this Agreement may be incorporated into any divorce decree which may be entered with respect to them. Notwithstanding such incorporation, this Agreement shall not be merged in the decree, but shall survive the same and shall be binding and conclusive on the parties for all times. 7. 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. 8. PERSONAL PROPERTY: Husband and Wife do hereby acknowledge that they have previously divided their tangible personal property, including, but without limitation, jewelry, clothes, furniture, furnishings, rugs, carpets, household equipment and appliances, pictures, books, works of art and other personal property and hereafter Wife agrees that all of the property in the possession of Husband shall be the sole and separate property of Husband; and Husband agrees that all of the property in the possession of Wife shall be the sole and separate property of Wife. 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. 9. BANK ACCOUNTS: For the mutual promises and covenants contained in this Agreement, Husband and Wife hereby waive all right, title, claim or interest they may have to 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. 10. MOTOR VEHICLE: With respect to the motor vehicle purchased during the marriage, the 2005 Volkswagon Passat, currently in Husband's possession and titled in his name alone shall remain the sole and exclusive property of Husband. Husband shall be responsible for the loan on the vehicle and shall indemnify and hold Wife harmless from and against any and all demands for payment or collection activity of any nature whatsoever. 11. AFTER-ACQUIRED PERSONAL PROPERTY: 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, hereafter acquired by him or her after the parties date of 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. 12. REAL ESTATE: The parties are joint owners of real estate located at 147 Porter Avenue, Carlisle, Cumberland County, Pennsylvania. Said property is owned in joint names as tenants by the entireties. The property is encumbered with a mortgage due and owing to CitiMortgage, Account Number 2005522414-9. From the time of execution of this Agreement forward, Wife shall be solely and exclusively responsible for repayment of the mortgage due and owing to CitiMortgage, and will indemnify Husband and hold him harmless from and against any and all demands for payment or collection activity of any nature whatsoever. In addition, Wife shall assume, refinance the mortgage and be responsible for all costs and any amount sufficient to pay the mortgage in full and thereby remove Husband as an obligor on said mortgage. At the time of the assumption/refinance, Husband shall execute a deed conveying his interest in said property and shall provide the deed to Wife at the time of the assumption/refinance. Husband shall make no claim of any nature whatsoever relative to any legal or equitable interest in the aforesaid real estate from the date of execution and delivery of the deed forward. Wife shall assume/refinance the mortgage within sixty (60) days of the execution of this Agreement. At the time of the refinance, neither party shall make any claim against the other for distribution of proceeds in any manner. 13. PENSION RETIREMENT, PROFIT SHARING: A. The parties recognize that Wife has a pension as a result of her employment with Cumberland County. For the mutual promises and covenants contained in this Agreement, Husband hereby waives all right, title, claim and interest he may have by equitable distribution or otherwise in said retirement. B. The parties recognize that Husband has no pension, retirement, or profit sharing that is marital. 14. LIFE INSURANCE: Each party agrees that the other party shall have sole ownership and possession of any life insurance policies owned by the other, with the right to designate a beneficiary as each of the party sees fit for their respective policy. Each party agrees to sign any documents necessary to waive, relinquish, or transfer any rights on such policies to the respective party who presently owns such policies. 15. DEBTS: Except as otherwise herein expressly provided, the parties shall and do hereby mutually remise, release and forever discharge each other from any and all actions, suits, debts, claims, demands and obligations whatsoever, both in law and in equity, which either of them ever had, now has, or may hereafter have against the other upon or by reason of any matter, cause or thing up to the date of the execution of this Agreement. In the event that either party becomes a debtor in bankruptcy or financial reorganization proceedings of any kind while any obligations remain to be performed by that party for the benefit of the other party pursuant to the provision of this Agreement, the debtor spouse hereby waives, releases and relinquishes any right to claim any exemption (whether granted under state or federal law) to any property remaining in the debtor as a defense to any claim made pursuant hereto by the creditor spouse, and the debtor spouse hereby assigns, transfers, and conveys to the creditor spouse an interest in all of the debtor's exempt property sufficient to meet all obligations to the creditor spouse as set forth herein, including all attorney's fees and costs incurred in the enforcement of this paragraph or any other provision of this Agreement. No obligation created by this Agreement shall be discharged or dischargeable, regardless of federal or state law to the contrary, and each party waives any and all right to assert that any obligation hereunder is discharged or dischargeable. The failure of any party to meet his or her obligations under any one or more of the paragraphs herein, with the exception of the satisfaction of conditions precedent, shall not in any way void or alter the remaining obligations of either of the parties. 16. WARRANTY AS TO EXISTING OBLIGATIONS: Each party represents that they have not heretofore incurred or contracted for any debt or liability or obligation for which the estate of the other party may be responsible or liable except as may be provided for in this Agreement. Each party agrees to indemnify or hold the other party harmless from and against any and all such debts, liabilities or obligations of every kind which may have heretofore been incurred by them, including those for necessities, except for the obligations arising out of this Agreement. 17. WARRANTY AS TO FUTURE OBLIGATIONS: Wife and Husband each covenant, warrant, represent and agree that each will now and at all times hereafter save harmless and keep the other indemnified from all debts, charges and liabilities incurred by the other after the execution date of this Agreement, except as may be otherwise specifically provided for by the terms of this Agreement and that neither of them shall hereafter incur any liability whatsoever for which the estate of the other may be liable. 18. ALIMONY ALIMONY PENDENTE LITE SPOUSAL SUPPORT, AND MAINTENANCE: A. Husband hereby waives any right or claim of any nature whatsoever relative to alimony, alimony pendente lite, spousal support, spousal maintenance, counsel fees and expenses against Wife. B. Wife hereby waives any right or claim of any nature whatsoever relative to alimony, alimony pendente lite, spousal support, spousal maintenance, counsel fees and expenses against Husband. 19. TAXES: Husband shall claim the parties' child, Aaron, for all tax related purposes, and Wife shall claim the parties' child, Ethen, for all tax related purposes, for as long as each of the parties are respectively able to claim the child for tax related purposes. 20. BANKRUPTCY: The respective duties, covenants and obligations of each party under this Agreement shall not be dischargeable by bankruptcy, but if any bankruptcy court should discharge a party of accrued obligations to the other, this Agreement shall continue in full force and effect thereafter as to any duties, covenants and obligations accruing or to be performed thereafter. 21. DIVORCE: Husband has commenced an action for divorce from Wife pursuant to Section 3301 (c) of the Pennsylvania Divorce Code by the filing of a Divorce Complaint. As the parties have agreed to consent to a divorce, after a period of ninety (90) days has passed from service of the Divorce Complaint on Wife, both parties agree that they shall each sign an Affidavit of Consent and Waiver of Notice of Intention to Request the Entry of a Divorce Decree evidencing that each consents to the divorce and each shall provide said documents to counsel for Husband. It is further agreed and understood that any Decree of Divorce issuing in this matter shall reflect the fact that Husband shall bear the cost of same in his individual capacity. A. Each of the parties agree that this Agreement represents a complete and final agreement as to their respective property rights which arose from the marital relation and therefore mutually waive any and all rights they may have under Section 3501 (Equitable Distribution) of the Pennsylvania Code, Act No. 1990-206. B. This Agreement may be offered in evidence in the action for divorce and may be incorporated by reference in the decree to be granted therein. Notwithstanding such incorporation, this Agreement shall not be merged in the decree, but shall survive the same and shall be binding and conclusive on the parties for all time. 22. LEGAL FEES: In the review and preparation of this Agreement, each party shall bear his/her own legal fees. 23. REMEDY FOR BREACH: If either party breaches any provision of this Agreement, the other party shall have the right, at his or her election, either to sue for damages for such breach, in which event the breaching party shall be responsible for payment for reasonable legal fees and costs incurred by the other in enforcing their rights hereunder, or to seek such other remedies or relief as may be available to him or her. 24. EQUITABLE DISTRIBUTION: It is specifically understood and agreed that this Agreement constitutes an equitable distribution of property, both real and personal, which was legally and beneficially acquired by Husband and Wife or either of them during the marriage as contemplated by The Act of December 19, 1990 (P.L. No. 1240, No. 206) known as "The Divorce Code," 23 P.S. 3501 et seq. of the Commonwealth of Pennsylvania, and as amended. 25. SUMMARY OF EFFECT OF AGREEMENT: It is specifically understood and agreed by and between the parties hereto, and each party accepts the provisions herein made in lieu of and in full settlement and satisfaction of any and all of said parties' rights against the other for any past, present and future claims on account of support, maintenance, alimony, alimony pendente lite, counsel fees, costs and expenses, equitable distribution of marital property and any other claims of each party, including all claims raised by them in the divorce action pending between the parties. 26. TAX CONSEQUENCES: By this agreement, the parties have intended to effectuate and have equitably divided their marital property. The parties have determined that such equitable division conforms to a right and just standard with regard to the rights of each party. The division of 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 and the division is being effected without the introduction of outside funds of other property not constituting a part of the marital estate. 27. MUTUAL COOPERATION/DUTY TO EFFECTUATE AGREEMENT: Each party shall, at any time and from time to time hereafter, take any and all steps and execute, acknowledge, and deliver to the other party any and all further instruments and/or documents that the other party may reasonably require for the purpose of giving full force and effect to the provisions of this Agreement. 28. RECONCILIATION: The parties shall only effect a legal reconciliation which supersedes this agreement by their signed agreement containing a specific statement that they have reconciled and that this agreement shall be null and void; otherwise, this agreement shall remain in full force and effect. Further, the parties may attempt a reconciliation, which action, if not consummated by the aforesaid agreement, shall not affect in any way the legal effect or this agreement or cause any new marital rights or obligations to accrue. 29. SEVERABILITY: The parties agree that the separate obligations contained in this Agreement shall be deemed to be interdependent. If any term, clause, or provision of this Agreement shall be determined by a court of competent jurisdiction to be invalid or unenforceable, then the parties agree that the Agreement may be reviewed and renegotiated in order to fulfill as closely as possible the purpose of the invalid provision. Notwithstanding any release contained herein, the parties intend that they may reinstate any and all economic claims to the extent available under the Divorce Code of 1980. Further, any court of competent jurisdiction may, under the equitable provisions and purposes of the Divorce Code, reinstate any economic claim which was available at the time of the parties' separation or avoid any waiver herein contained to renegotiate or effectuate as nearly as possible the purpose of the unenforceable provision. 30. NO WAIVER OF DEFAULT: This Agreement shall remain in full force and effect unless and until terminated under and pursuant to the terms of this Agreement. The failure of either party to insist upon strict performance of any of the provisions of this Agreement shall in no way affect the right of such party hereafter to enforce the same, nor shall the waiver of any breach of any provision hereof be construed as a waiver of any subsequent default of the same or similar nature, nor shall it be construed as a waiver of strict performance of any other obligations herein. 31. INTEGRATION: This Agreement constitutes the entire understanding of the parties and supersedes any and all prior agreements and negotiations between them. There are no representations or warranties other than those expressly set forth herein. This Agreement shall survive integration by any court into any judgment for divorce and shall continue to have independent legal significance as written contract separate from such judgment for divorce and may be enforced as an independent contract. 32. EFFECT OF DIVORCE DECREE: The parties agree that unless otherwise specifically provided herein, this Agreement shall continue in full force and effect after such time as a final decree in divorce may be entered with respect to the parties. 33. NOTICES: Any and all notices given hereunder shall be in writing and shall be sent registered mail, return receipt requested: A. To the Husband, at 106 Virginia Avenue, Carlisle, Pennsylvania, 17013. B. To the Wife, at 147 Porter Avenue, Carlisle, Pennsylvania, 17013. 34. WAIVER OR MODIFICATION TO BE iN WRITING: No modification or waiver of any of the terms hereof shall be valid unless in writing and signed by both parties and no waiver of any breach hereof or default hereunder shall be deemed a waiver of any subsequent default of the same or similar nature. 35. CAPTIONS: The captions of this Agreement are inserted only as a matter of convenience and for reference and in no way define, limit or describe the scope and intent of this Agreement, nor in any way effect this Agreement. 36. AGREEMENT BINDING ON HEIRS: The Agreement shall be binding and shall inure to the benefit of the parties hereto and their respective heirs, executors, administrators, successors and assigns. 37. LAW OF PENNSYLVANIA APPLICABLE: This Agreement shall be construed in accordance with the laws of the Commonwealth of Pennsylvania. 38. SUBSEQUENTLY DISCOVERED PROPERTY PENALTY FOR NONDISCLOSURE: Should either of the parties subsequently discover the existence of any marital property not distributed by this Agreement, said property shall be divided in the same proportion as this Agreement's equitable distribution of marital property (50/50). However, if the existence of said property was knowingly concealed or its value misrepresented by one of the parties, said property shall be transferred in its entirety to the non-concealing party and the concealing party shall pay all costs, fees, and attorney's fees occasioned by the failure to disclose its existence or true value. 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. Witness: ,, r (Seal) Leighton P. Stiffle ~? ,~ ~ ~+, U (Seal) atosha L. ti er ,r COMMONWEALTH OF PENNSYLVANIA ) SS. COUNTY OF CUMBERLAND ) On this, the ~'~ day of , 2010, before me, a notary public, the undersigned officer, personally appeared Leighton P. Stiffler, 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. NOME MAC MMrI~ III/ COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND ~~ N ary Public SS. On this, the ~~ day of ~~, , 2010, before me, a notary public, the undersigned officer, personally appeared Natosha L. Stiffler, 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. Notarial Seal Cathy E. Fry. Notary Public South Middleton Ttvp., Cumberland County My Commission Expires July 30, 2010 Notary blic LEIGHTON P. STIFFLER, Plaintiff v. NATOSHA L. STIFFLER, Defendant TN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION -LAW NO. 2010-570 CIVIL TERM IN DIVORCE AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under §3301(c) of the Divorce Code was filed on January 26, 2010, and service was made on January 29, 2010 by restricted delivery, certified mail. 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety (90) days have elapsed from the date of filing and service of the Complaint. 3. I consent to the entry of a final Decree of Divorce after service of notice of intention to request entry of the decree. I VERIFY THAT THE STATEMENTS MADE 1N THE FOREGOING 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. -.512(~2oto DATE: P. S E aintiff r> ~y N _~ ~ ~, b 3 !"i - i~rT., 'y -- f;s \... •J f W~ "C: .K,. Q J _{ LEIGHTON P. STIFFLER, Plaintiff v. NATOSHA L. STIFFLER, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION -LAW NO. 2010-570 CIVIL TERM IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REQUEST THE ENTRY OF A DIVORCE DECREE UNDER ~3301(c) OF THE DIVORCE CODE I consent to the entry of a final decree in 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 THE FOREGOING 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: ,~2 ~ l 2UI ~ - L P. STIF E aintiff '' c ~I ? - _ , .a 1 I , - R.7 T' _ t - _~~ C.~ I ; _. . _l„ ~ -' - ~. • , ~ ~~ ~/ ~:7. ~ -~ LEIGHTON P. STIFFLER IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V. NATOSHA L. STIFFLER NO 2010-570 DIVORCE DECREE AND NOW, ~ a~U , it is ordered and decreed that LEIGHTON P. STIFFLER plaintiff, and NATOSHA L. STIFFLER ,defendant, are divorced from the bonds of matrimony. Any existing spousal support order shall hereafter be deemed an order for alimony pendente lite if any economic claims remain pending. The court retains jurisdiction of any claims raised by the parties to this action for which a final order has not yet been entered. Those claims are as follows: (If no claims remain indicate "None.") None. The parties' Separation and Property Settlement Agreement, entered into May 21, 2010, is incorporated herein, but not merged. By~the~`Court, Attest: ~. Prothonotary 0.7.16 ~Uo-tic~ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ~~,~on ~. S~~e~ Plaintiff a O) ~ ~ S r/ O Vs File No. ~1 Q,~~~.. ~ 5-~-~F~ ~ Defendant NOTICE TO RESUME PRIOR SURNAME Notice is hereby given that the Plaintiff /defendant in the above matter, [select one by marking "x"] . IN DIVORCE prior to the entry of a Final Decree in Divorce, ~~ ~ ~ ~ -~, ~ rn m te- -' r~~ ~ r , ~-- %n ~' tv ~ crn7 -t ~; ~ - ca ~° = c~ -ss ~, ~ N rT'1 ~ -~: ~ o ~ ~3 or ~ after the entry of a Final Decree in Divorce dated ~ ~~D hereby elects to resume the prior surname of ~..~~a1~'n~ ,and gives this written notice avowing his /her intention pursuant to the provisions of 54 P.S. 704. Date:~Ql I O I Signature ignature of name being resumed COMMONWEALTH OF PENNSYLVANIA ) COUNTY OF C~,~~,~ aoro On the ~~ day of ~~,. , X99 ,before me, the Prothonotary or the notary public, personally appeared the above affiant known to me to be the person whose name is subscribed to the within document and acknowledged that he /she executed the foregoing for the purpose therein contained. In Witness Whereof, I have hereunto set my hand here~nt~ yet my hand and official -~. seal. ~ ~~. - -: Pr~thri~totar~ o~ Not~y Publi -. 1~GbIbr~MrfleM~lo~ ~.~11 H13AG16 PH 14: 2, CUMBERLAND CQUIi3 T Y PUINSYLVANIA James Proctor Law Office,LLC 17 East High Street,Suite 102 Carlisle,PA 17013 717.559.0123 COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION LEIGHTON P. STIFFLER, IN DIVORCE Petitioner , V. NO. 2010-0570 NATOSHA LEBLANC, , Respondent PETITION TO ENFORCE PROPERTY SETTLEMENT AGREEMENT And now comes the Petitioner, Leighton P. Stiffler, by and through his attorney, James L. Proctor, Jr., and files the following Petition to Enforce Property Settlement Agreement, averring as follows: 1. Petitioner Leighton P. Stiffler is an adult individual having as an address 106 Virginia Avenue, Carlisle, Cumberland County, Pennsylvania. 2. Respondent Natosha LeBlanc, formerly known as Natosha L. Stiffler, is an adult individual having as an address 51 A Konhaus Road, Mechanicsburg, Cumberland County, Pennsylvania. 3. Petitioner and Respondent entered into a comprehensive Property and Separation Agreement dated May 21, 2010, at which time the parties were living in Carlisle, Cumberland County, Pennsylvania. A copy of the Property and Separation Agreement is attached hereto, incorporated herein, and marked as Exhibit 1. 4. Petitioner and Respondent were granted a Divorce Decree on June 7, 2010,included as Exhibit 2, which incorporated the terms of Exhibit 1. 5. In Paragraph 12 of the Property and Separation Agreement, Respondent agreed to(a) be solely and exclusively responsible for repayment of the mortgage due and owning to CitiMortgage("Mortgagee") for their former marital home located at 147 Porter Drive, Carlisle,Pennsylvania;(b) indemnify Respondent Stiffler and hold him harmless from and against any and all demands for payment or collection activity of any nature whatsoever; (c) assume and refinance the mortgage, and be responsible for all costs and any amount sufficient to pay the mortgage in full; and(d)remove Respondent Stiffler as an obligor on said mortgage. Exhibit 1,Page 8. 6. Respondent LeBlanc failed to assume and refinance the mortgage or remove Respondent Stiffler as an obligor on said mortgage. 7. On June 5,2013, Mortgagee filed a Complaint in Mortgage Foreclosure against both Petitioner and Respondent in the Court of Common Pleas, Cumberland County, Pennsylvania under case number 2013-3219,seeking an in rem judgment of $125,648.83,together with interest, costs, fees, and charges collectible under the mortgage. 8. In Paragraph 23 of the Property Settlement, any party, in the event of a breach by a party, may either sue for damages or seek other such remedies or relief as may be available to him or her. Exhibit 1, Page 13. 9. Petitioner believes and therefore avers that he is entitled to removal from the mortgage and indemnification from Respondent on all amounts being sought by Mortgagee in case number 2013-3219, 10. Petitioner seeks enforcement of the Property Settlement Agreement and has expended the sum to date for preparation and submission of this Petition of$400.00, for which he seeks reimbursement from the Respondent herein. WHEREFORE,Petitioner Leighton P. Stiffler prays this Honorable Court order Respondent Natosha LeBlanc to take action to fully assume the mortgage on their former marital residential property and indemnify Petitioner in mortgage foreclosure case number 2013-3219, award reimbursement for costs and damages incurred by Petitioner, and grant any other relief determined to be appropriate. Respectfully submitted, Date:August 16, 2013 JA rES LjOPRO 0 R,J R. 0 J . Sr Mey fo Petitioner Leight tiffler My 26 PM 3. 07 PROPERTY AND SEPARATION AGREEMENT BETWEEN LEIGHTON P. STIFFLER AND NATOSHA L. STIFFLER GRIFFIE AND ASSOCIATES 200 NORTH HANOVER STREET CARLISLE, PA 17013 STIFFLER V. STIFFLER EXHIBIT 1 PAGE 1 (NO. 2010-0570) POT I r,004 -m �nit=c2ct THISAGREEMENT, made this # day of trx&&j , 2010, by and between LEIGHTON P. STIFFLER, of 106 Virginia Avenue, Carlisle, Cumberland County, Pennsylvania, party of the first part, hereinafter referred to as "Husband; AND NATOSHA L. STIFFLER; of 147 Porter Avenue, Carlisle, Cumberland County, Pennsylvania, party of the second part,hereinafter referred to as "Wife", WITNESSETH: WHEREAS, the parties hereto are Husband and Wife, having been married on November 23, 2002, in Cumberland County, Pennsylvania. There were two children born of this marriage, Ethen Elijah Stiffler, born April 3, 2006, and Aaron Powers Stiffler,born September 23,2004. WHEREAS, diverse unhappy differences, disputes and difficulties have arisen between the parties and it is the intention of Wife and Husband to live separate and apart, and the parties hereto are desirous of settling their respective financial rights and obligations as between each other including the settling of matters between them relating to the past, present and future support and/or maintenance of Wife by Husband and Husband by Wife. WHEREAS, the parties hereto wish finally and for all time to settle and determine their respective property and other rights growing out of their marital relation; wish to live separate and apart; and,wish to enter into this property and separation Agreement; STIFFLER V. STIFFLER EXHIBIT 1 PAGE 2 (NO. 2010-0570) WHEREAS, both and each of the parties hereto have been advised of their legal rights and the implications of this Agreement and the legal consequences which may and will ensue from the execution hereof; WHEREAS, Wife acknowledges that she is thoroughly conversant with and knows accurately the size, degree, and extent of the estate and income of Husband, and Husband acknowledges that he is thoroughly conversant with and knows accurately the size, degree and extent of the estate and income of Wife; NOW, THEREFORE, in consideration of the mutual promises, covenants and undertakings hereinafter set forth which are hereby acknowledged by each of the parties hereto, Wife and Husband,each intending to be legally bound hereby, covenant and agree as follows: 1. ADVICE OF COUNSEL: This Agreement has been prepared by Hannah Herman-Snyder, Esquire, attorney for Husband. Said attorney at the commencement of and at all stages during the negotiation of this Agreement informed Wife that she has acted solely as counsel for Husband and has not advised or represented Wife in any manner whatsoever. Wife, at the commencement of and all stages during the negotiations of this Agreement has been informed by Hannah Herman-Snyder, Esquire, that she has a right to be represented by her own counsel and has encouraged her to seek the advice of counsel. Wife has read this Agreement carefully and thoroughly understands each provision and therefore signs it freely and voluntarily. STIFFLER V. STIFFLER EXHIBIT 1 PAGE 3 (NO. 2010-0570) 2. WARRANTY OF DISCLOSURE: The parties warrant and represent that they have made a full disclosure of all assets and their valuation prior to the execution of this Agreement. This disclosure was in the form of an informal exchange of information by the parties' attorneys and/or parties and this Agreement between the parties is based upon this disclosure. 3. MUTUAL RELEASE: Husband and Wife each do hereby mutually remise, release, quitclaim, and forever discharge the other and the estate of such other, for all times to come and for all purposes whatsoever, of and from any and all right, title and interest, or claims in or against the property (including income and gain from property hereafter accruing) of the other or against the estate of such other, of whatever nature and wheresoever situate, which he or she now has or at any time hereafter may have against such other, the estate of such other, or any part thereof, whether arising out of any former acts, contracts, ' engagements, or liabilities of such other as by way of dower or curtesy, or claims in the nature of dower or curtesy or widow's or widower's rights, family exemption, or similar allowance, or under the intestate laws, or the right to take against the spouse's Will; or the right to treat a lifetime conveyance by the other as testamentary, or all other rights of a surviving spouse to participate in a deceased spouse's estate, whether arising under the laws of(a) Pennsylvania, (b) any state, commonwealth or territory of the United States, or (c) any other country, or any rights which either party may have or at any time hereafter have for past, present, or future support or maintenance, alimony, alimony pendente lite, counsel fees, costs or expenses, whether arising as a result of the marital relation or otherwise, except and only except,all rights and agreements and obligations of STIFFLER V. STIFFLER EXHIBIT I PAGE 4 (NO. 2010-0570) I whatsoever nature arising or which may arise under this Agreement or for the breach of any thereof. It is the intention of Husband and Wife to give to each other by execution of this Agreement a full, complete, and general release with respect to any and all property of any kind or nature, real or personal, not mixed, which the other now owns or may hereafter acquire, except and only except, all rights and agreements and obligations of whatsoever nature arising or which may arise under this Agreement or for the breach of any thereof. 4. PERSONAL RIGHTS AND SEPARATION: Wife and Husband may and shall, at all times hereafter, live separate and apart. They shall be free from any control, restraint, interference or authority, direct or indirect, by the other in all respects as if they were unmarried. They may reside at such place or places as they may select. Each may, for his or her separate use or benefit,conduct, carry on and engage in any business, occupation, profession or employment which to him or her may seem advisable. Wife and Husband shall not molest, harass, disturb or malign each other or the respective families of each other nor compel or attempt to compel the other to cohabit or dwell by any means or in any manner whatsoever with him or her. 5. AGREEMENT NOT A BAR TO DIVORCE PROCEEDINGS. This Agreement shall not be considered to affect or bar the right of Wife or Husband to a limited or absolute divorce on lawful grounds if such grounds now exist or shall hereafter exist or to such defense as may be available to either party. This Agreement is not intended to condone and shall not be deemed to be a condonation on the part of either party hereto of any act or acts on the part of the other party which have occasioned the disputes or unhappy differences which have occurred prior to or which STIFFLER V. STIFFLER EXHIBIT I PAGE 5 (NO. 2010-0570) may occur subsequent to the date hereof The parties intend to secure a mutual consent, no-fault divorce pursuant to the terms of Section 3301 (c) or (d) of the Divorce Code-of 1980. 6. AGREEMENT TO BE INCORPORATED IN DIVORCE DECREE: The parties agree that the terms of this Agreement may be incorporated into any divorce decree which may be entered with respect to them. Notwithstanding such incorporation, this Agreement shall not be merged in the decree, but shall survive the same and shall be binding and conclusive on the parties for all times. 7. 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. 8. PERSONAL PROPERTY: Husband and Wife do hereby acknowledge that they have previously divided their tangible personal property, including, but without limitation, jewelry, clothes, furniture, ftimishings,rugs, carpets, household equipment and appliances, pictures,books,works of art and other personal property and hereafter Wife agrees that all of the property in the possession of Husband shall be the sole and separate property of Husband; and Husband agrees that all of the property in the possession of Wife shall be the sole and separate property of Wife. The parties do hereby specifically waive, release, renounce and forever STIFFLER V. STIFFLER EXHIBIT 1 PAGE 6 (NO. 2010-0570) 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. 9. BANK ACCOUNTS: For the mutual promises and covenants contained in this Agreement,Husband and Wife hereby waive all right,title, claim or interest they may have to equitable distribution in their respective bank accounts, checking or savings, if any, and each parry waives against the other any duty of accounting for disposition of any jointly held funds. 10. MOTOR VEHICLE: With respect to the motor vehicle purchased during the marriage, the 2005 Volkswagon Passat, currently in Husband's possession and titled in his name alone shall remain the sole and exclusive property of Husband. Husband shall be responsible for the loan on the vehicle and shall indemnify and hold Wife harmless from and against any and all demands for payment or collection activity of any nature whatsoever. 1 I. AFTER-ACQUIRED PERSONAL PROPERTY: 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, hereafter acquired by him or her after the parties date of 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. STIFFLER V. STIFFLER EXHIBIT 1 PAGE 7 (NO. 2010-0570) 12. REAL ESTATE: The parties are joint owners of real estate located at 147 Porter Avenue, Carlisle, Cumberland County, Pennsylvania. Said property is owned in joint names as tenants by the entireties. The property is encumbered with a mortgage due and owing to CitiMortgage,Account Number 2005522414-9. From the time of execution of this Agreement forward, Wife shall be solely and exclusively responsible for repayment of the mortgage due and owing to CitiMortgage, and will indemnify Husband and hold him harmless from and against any and all demands for payment or collection activity of any nature whatsoever. In addition, Wife shall assume, refinance the mortgage and be responsible for all costs and any amount sufficient to pay the mortgage in full and thereby remove Husband as an obligor on said mortgage. At the time of the assumption/refinance, Husband shall execute a deed conveying his interest in said property and shall provide the deed to Wife at the time of the assumption/refinance. Husband shall make no claim of any nature whatsoever relative to any legal or equitable interest in the aforesaid real estate from the date of execution and delivery of the deed forward. Wife shall assume/refinance the mortgage within sixty(60)days of the execution of this Agreement. At the time of the refinance, neither party shall make any claim against the other for distribution of proceeds in any manner. 13. PENSION,RETIREMENT,PROFIT SHARING: A. The parties recognize that Wife has a pension as a -result of her employment with Cumberland County. For the mutual promises and covenants contained STIFFLER V. STIFFLER EXHIBIT 1 PAGE 8 (NO. 2010-0570) in this Agreement, Husband hereby waives all right, title, claim and interest he may have by equitable distribution or otherwise in said retirement. B. The parties recognize that Husband has no pension, retirement, or profit sharing that is marital. 14. LIFE INSURANCE: Each party agrees that the other party shall have sole ownership and possession of any life insurance policies owned by the other, with the right to designate a beneficiary as each of the party sees fit for their respective policy. Each party agrees to sign any documents necessary to waive, relinquish, or transfer any rights on such policies to the respective party who presently owns such policies. 15. DEBTS: Except as otherwise herein expressly provided, the parties shall and do hereby mutually remise, release and forever discharge each other from any and all actions, suits, debts, claims, demands and obligations whatsoever, both in law and in equity, which either of them ever had, now has, or may hereafter have against the other upon or by reason of any matter, cause or thing up to the date of the execution of this Agreement. In the event that either party becomes a debtor in bankruptcy or financial reorganization proceedings of any kind while any obligations remain to be performed by that party for the benefit of the other party pursuant to the provision of this Agreement, the debtor spouse hereby waives, releases and relinquishes any right to claim any exemption (whether granted under state or federal law) to any property remaining in the debtor as a defense to any claim made pursuant hereto by the creditor spouse, and the STIFFLER V. STIFFLER EXHIBIT 1 PAGE 9 (NO. 2010-0570) debtor spouse hereby assigns, transfers, and conveys to the creditor spouse an interest in all of the debtor's exempt property sufficient to meet all obligations to the creditor spouse as set forth herein, including all attorney's fees and costs incurred in the enforcement of this paragraph or any other provision of this Agreement. No obligation created by this Agreement shall be discharged or dischargeable, regardless of federal or state law to the contrary, and each party waives any and all right to assert that any obligation hereunder is discharged or dischargeable. The failure of any party to meet his or her obligations under any one or more of the paragraphs herein, with the exception of the satisfaction of conditions precedent, shall not in any way void or alter the remaining obligations of either of the parties. 16. WARRANTY AS TO EXISTING OBLIGATIONS: Each party represents that they have not heretofore incurred or contracted for any debt or liability or obligation for which the estate of the other party may be responsible or liable except as may be provided for in this Agreement. Each party agrees to indemnify or hold the other party harmless from and against any and all such debts, liabilities or obligations of every kind which may have heretofore been incurred by them, including those for necessities,except for the obligations arising out of this Agreement. 17. WARRANTY AS TO FUTURE OBLIGATIONS: Wife and Husband each covenant,warrant,represent and agree that each will now and at all times hereafter save harmless and keep the other indemnified from all debts, charges and liabilities incurred by the other after the execution date of this Agreement, except as may be otherwise specifically provided for by the terms of this Agreement and STIFFLER V. STIFFLER EXHIBIT 1 PAGE 10 (NO. 2010-0570) that neither of them shall hereafter incur any liability whatsoever for which the estate of the other may be liable. 18. ALIMONY, ALIMONY PENDENTE LITE, SPOUSAL SUPPORT AND MAINTENANCE: A. Husband hereby waives any right or claim of any nature whatsoever relative to alimony, alimony pendente lite, spousal support, spousal maintenance, counsel fees and expenses against Wife. B. Wife hereby waives any right or claim of any nature whatsoever relative to alimony, alimony pendente lite, spousal support, spousal maintenance, counsel fees and expenses against Husband. 19. TAXES: Husband shall claim the parties' child, Aaron, for all tax related purposes, and Wife shall claim the parties' child, Ethen, for all tax related purposes, for as long as each of the parties are respectively able to claim the child for tax related purposes. 20. BANKRUPTCY: The respective duties, covenants and obligations of each party under this Agreement shall not be dischargeable by bankruptcy, but if any bankruptcy court should discharge a party of accrued obligations to the other,this Agreement shall continue in full force and effect thereafter as to any duties, covenants and obligations accruing or to be performed thereafter. STIFFLER V. STIFFLER EXHIBIT 1 PAGE 11 (NO. 2010-0570) 21. DIVORCE: Husband has commenced an action for divorce from Wife pursuant to Section 3301 (c) of the Pennsylvania Divorce Code by the filing of a Divorce Complaint. As the parties have agreed to consent to a divorce, after a period of ninety (90) days has passed from service of the Divorce Complaint on Wife, both parties agree that they shall each sign an Affidavit of Consent and Waiver of Notice of Intention to Request the Entry of a Divorce Decree evidencing that each consents to the divorce and each shall provide said documents to counsel for Husband. It is further agreed and understood that any Decree of Divorce issuing in this matter shall reflect the fact that Husband shall bear the cost of same in his individual capacity. A. Each of the parties agree that this Agreement represents a complete and final agreement as to their respective property rights which arose from the marital relation and therefore mutually waive any and all rights they may have under Section 3501 (Equitable Distribution) of the Pennsylvania Code,Act No. 1990-206. B. This Agreement may be offered in evidence in the action for divorce and may be incorporated by reference in the decree to be granted therein. Notwithstanding such incorporation, this Agreement shall not be merged in the decree, but shall survive the same and shall be binding and conclusive on the parties for all time. STIFFLER V. STIFFLER EXHIBIT 1 PAGE 12 (NO. 2010-0570) 22. LEGAL FEES: In the review and preparation of this Agreement, each party shall bear his/her own legal fees. 23. REMEDY FOR BREACH: If either party breaches any provision of this Agreement, the other party shall have the right, at his or her election, either to sue for damages for such breach, in which event the breaching party shall be responsible for payment for reasonable legal fees and .costs incurred by the other in enforcing their rights hereunder, or to seek such other remedies or relief as may be available to him or her. 24. EQUITABLE DISTRIBUTION: It is specifically understood and agreed that this Agreement constitutes an equitable distribution of property, both real and personal, which was legally and beneficially acquired by Husband and Wife or either of them-during the marriage as contemplated by The Act of December 19, 1990 (P.L. No. 1240,No. 206)known as"The Divorce Code," 23 P.S. 3501 et seq. of the Commonwealth of Pennsylvania, and as amended. 25. SUMMARY OF EFFECT OF AGREEMENT: It is specifically understood and agreed by and between the parties hereto, and each party accepts the provisions herein made in lieu of and in full settlement and satisfaction of any and all of said parties' rights against the other for any past,present and future claims on account of support, maintenance, alimony, alimony pendente lite, counsel fees, costs and expenses, equitable distribution of marital property and any other STIFFLER V. STIFFLER EXHIBIT 1 PAGE 13 (NO. 2010-0570) claims of each party, including all claims raised by them in the divorce action pending between the parties. 26. TAX CONSEQUENCES: By this agreement, the parties have intended to effectuate and have equitably divided their marital property. The parties have determined that such equitable division conforms to a right and just standard with regard to the rights of each party. The division of 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 and the division is being effected without the introduction of outside funds of other property not constituting a part of the marital estate. 27. MUTUAL COOPERATION/DUTY TO EFFECTUATE AGREEMENT: Each party shall, at any time and from time to time hereafter, take any and all steps and execute, acknowledge, and deliver to the other party any and all further instruments and/or documents that the other party may reasonably require for the purpose of giving full force and effect to the provisions of this Agreement. 28. RECONCILIATION: The parties shall only effect a legal reconciliation which supersedes this agreement by their signed agreement containing a specific statement that they have reconciled and that this agreement shall be null and void; otherwise, this agreement shall remain in full force and effect. Further, the parties may attempt a reconciliation, which action, if not consummated by the aforesaid agreement, shall not affect in any way the legal effect or this agreement or cause any new marital rights or obligations to accrue. STIFFLER V. STIFFLER EXHIBIT 1 PAGE 14 (NO. 2010-0570) 29. SEVERABILITY: The parties agree that the separate obligations contained in this Agreement shall be deemed to be interdependent. If any term, clause, or provision of this Agreement shall be determined by a court of competent jurisdiction to be invalid or unenforceable, then the parties agree that the Agreement may be reviewed and renegotiated in order to fulfill as closely as possible the purpose of the invalid provision. Notwithstanding any release contained herein, the parties intend that they may reinstate any and all economic claims to the extent available under the Divorce Code of 1980. Further, any court of competent jurisdiction may, under the equitable provisions and purposes of the Divorce Code, reinstate any economic claim which was available at the time of the parties' separation or avoid any waiver herein contained to renegotiate or effectuate as nearly as possible the purpose of the unenforceable provision. 30. NO WAIVER OF DEFAULT: This Agreement shall remain in full force and effect unless and until terminated under and pursuant to the terms of this Agreement. The failure of either party to insist upon strict performance of any of the provisions of this Agreement shall in no way affect the right of such party hereafter to enforce the same, nor shall the waiver of any breach of any provision hereof be construed as a waiver of any subsequent default of the same or similar nature, nor shall it be construed as a waiver of strict performance of any other obligations herein. 31. INTEGRATION: This Agreement constitutes the entire understanding of the parties and supersedes any and all prior agreements and negotiations between them. There are no STIFFLER V. STIFFLER EXHIBIT 1 PAGE 15 (NO. 2010-0570) representations or warranties other than those expressly set forth herein. This Agreement shall survive integration by any court into any judgment for divorce and shall continue to have independent legal significance as written contract separate from such judgment for divorce and may be enforced as an independent contract. 32. EFFECT OF DIVORCE DECREE: The parties agree that unless otherwise specifically provided herein, this Agreement shall continue in full force and effect after such time as a final decree in divorce may be entered with respect to the parties. 33. NOTICES: Any and all notices given hereunder shall be in writing and shall be sent registered mail, return receipt requested: A. To the Husband, at 106 Virginia Avenue, Carlisle, Pennsylvania, 17013. B. To the Wife, at 147 Porter Avenue, Carlisle, Pennsylvania, 17013. 34. WAIVER OR MODIFICATION TO BE IN WRITING: No modification or waiver of any of the terms hereof shall be valid unless in writing and signed by both parties and no waiver of any breach hereof or default hereunder shall be deemed a waiver of any subsequent default of the same or similar nature. STIFFLER V. STIFFLER EXHIBIT 1 PAGE 16 (NO. 2010-0570) 35. CAPTIONS: The captions of this Agreement are inserted only as a matter of convenience and for reference and in no way define, limit or describe the scope and intent of this Agreement,nor in any way effect this Agreement. 36. AGREEMENT BINDING ON HEIRS: The Agreement shall be binding and shall inure to the benefit of the parties hereto and their respective heirs, executors, administrators, successors and assigns. 37. LAW OF PENNSYLVANIA APPLICABLE: This Agreement shall be construed in accordance with the laws of the Commonwealth of Pennsylvania. 38. SUBSEQUENTLY DISCOVERED PROPERTY PENALTY FOR NONDISCLOSURE: Should either of the parties subsequently discover the existence of any marital property not distributed by this Agreement, said property shall be divided in the same proportion as this Agreement's equitable distribution of marital property (50/50). However, if the existence of said property was knowingly concealed or its value misrepresented by one of the parties, said property shall be transferred in its entirety to the non-concealing party and the concealing party shall pay all costs, fees, and attorney's fees occasioned by the failure to disclose its existence or true value. STIFFLER V. STIFFLER EXHIBIT 1 PAGE 17 (NO. 2010-0570) s 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. Witness: 440,6 c�._ n ,t,. d. U I A (Seal) Leighton P. Stiffle �.. (Seal) atosha L. gifflffer STIFFLER V. STIFFLER EXHIBIT 1 PAGE 18 (NO. 2010-0570) Pte,r rt 7-a FV- 4,'e- : IN THE COURT OF COMMON PLEAS OF LEIGHTON P. STIFFLER : CUMBERLAND COUNTY, PENNSYLVANIA V. NATOSHA L. STIFFLER NO 2010-570 DIVORCE DECREE ONL4 AND NOW, t 010 it is ordered and decreed that V LEIGHTON P. STIFFLER plaintiff, and NATOSHA L. STIFFLER defendant, are divorced from the bonds of matrimony. Any existing spousal support order shall hereafter be deemed an order for alimony pendente lite if any economic claims remain pending. The court retains jurisdiction of any claims raised by the parties to this action for which a final order has not yet been entered. Those claims are as follows: (If no claims remain indicate"None.") None. The parties' Separation and Property Settlement Agreement, entered into May 21, 2010, is incorporated herein, but not merged. By,the-Court, Attest: J. Prothonotary STIFFLER V. STIFFLER EXHIBIT 2 PAGE I (NO. 2010-0570) f-ET-m op--f -tv Ewpr-ca-C� VERIFICATION I,Leighton P. Stiffler, hereby verify that the statements made in the foregoing documents are true and correct to the best of my knowledge, information and belief. I understand that any false statements made herein are subject to the penalties of 18 Pa.C.S.A. § 4904 relating to unsworn falsification to authorities. Date: August 16, 2013 LEWHTON P. ER t VILED-OFFIC rY THE PROTI-ON',A R'r 2013 AUG 22 AN 8: 33 CUMBERt�AND COUNTY PENN James Proctor Law Office,LLC 17 East High Street,Suite 102 Carlisle,PA 17013 717.559.0123 COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION LEIGHTON P. STIFFLER IN DIVORCE Petitioner V. NO. 2010-0570 NATOSHA LEBLANC Respondent ORDER And now, this day o 2013,upon Petition of LEIGHTON P. STIFFLER,the Petitioner herein, a Rule is issued upon Respondent NATOSHA LEBLANC to show cause, if any, why the relief requested herein should not be granted. RULE RETURNABLE the t S day of , 2013, at 16 o'clockP m. at Courtroom No. .3 of the Cumberland County Courthouse, One Courthouse Square, Carlisle, Cumberland County, Pennsylvania. BY THE CO T, Ies /Ybu LF1 f3 az��3 Aj . LdCuoc' `::E/l LEIGHTON P. STIFFLER, IN THE COURT OF COMMON PLEAS OF Petitioner CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 2010-0570 CIVIL TERM NATOSHA LEBLANC, Respondent IN DIVORCE ORDER OF COURT AND NOW, this 19th day of September, 2013 , this being the time and place set for the return of the Rule to Show Cause why the Respondent, Natosha LeBlanc, should not be required to comply with the terms of the Marital Settlement Agreement, and no answer having been filed, it is ordered and directed that Natosha LeBlanc shall take immediate steps to have Petitioner removed from the mortgage to Citibank on 147 Porter Drive, Carlisle, Pennsylvania, and that she shall indemnify and hold him harmless for any and all sums required to be paid in connection with said mortgage . By the Court, Edward E. Guido, J. /James Proctor, Esquire 17 East High Street, Suite 102 Carlisle, PA 17013 Attorney for Petitioner C MW V7 atosha LeBlanc M 51A Konhaus Road ' r� Mechanicsburg, PA 17050 �y © C) r CD-71, srs t LL �O iES'