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HomeMy WebLinkAbout10-2519 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, COMMONWEALTH OF PENNSYLVANIA ROBERT J. LAWLESS, PLAINTIFF, VS. HEATHER C. LAWLESS, DEFENDANT, Civil Action---Divorce Docket No. I o - A51? NOTICE TO DEFEND AND CLAIM OF RIGHTS 3PW 3 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. IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY LAWYER'S FEES OR EXPENSES BEFORE A DIVORCE OR ANNULMENT IS GRANTED YOU MAY LOSE THE RIGHT TO CLAIM ANY OF THEM. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE, IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE Carlisle, Pennsylvania 17101 (717) 249-3166 *35a1. oo Po bTtY C, 1 1+ 1" E* ayotpaw IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, COMMONWEALTH OF PENNSYLVANIA ROBERT J. LAWLESS, PLAINTIFF, Civil Action---Divorce Docket No. VS. HEATHER C. LAWLESS, DEFENDANT, AVISO PARA DEFENDER Y RECLAMAR DERECHOS USTED HA SIDO DEMANDADO EN LA CORTE. Si desea defenderse de las quejas expuestas en las paginas siguientes, debe tomare accion con prontitud. Se le avisa que si no se defiende, el caso puede proceder sin usted y decreto de divorcio o anulaminento puede ser emitido en su contra por la Corte. Una decision puede tambien ser emitida en su contra por cualquier otra queja o compensacion reclamados por el demandante. Usted puede perder dinero, o propiedades u otros derechos importantes para usted. Cuando la base para el divorcio es indignidades o rompimiento irreparable del matrimonio, usted puede solicitar consejo matrimonial. Una lista de consejeros matrimoniales esta disponible en la officina del Prothonotary, en la Cumberland County Bar Association, 2 Liberty Avenue, Carlisle, Pennsylvania 17101. SI USTED NO RECLAMA PENSION ALIMENTICIA. PROPIEDAD MARITAL. HONORARIOS DEABOGADO U OTROS GASTOS ANTES DE QUE EL DECRETO FINAL DE DIVORCIO O ANULIAMIENTO SEA EMITIDO. USTED PUEDE PERDER EL DERECHO A RECLAMAR CUALQUIERA DE ELLOS.USTED DEBELLEVAR ESTE PAPELA UN ABOGADO DE INMEDIATO SI NO TIENEPUEDEPAGAR UN ABOGADO. VAYA O LLAME A LOFFICINAINDICADA ABAJO PARA AVERIGUAR DONDE PUEDE OBTENER ASIS TENCIA LEGAL. CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE Carlisle, Pennsylvania 17101 (717) 249-3166 AVAILABILITY OF COUNSELING THE DIVORCE CODE OF PENNSYLVANIA REQUIRES THAT YOU BE NOTIFIED OF THE AVAILABILITY OF COUNSELING WHERE A DIVORCE IS SOUGHT UNDER ANY OF THE FOLLOWING GROUNDS: 23 Pa.C.S. & 3301(a)(6)-------Indignities 23 Pa.C.S. & 3301(c)----------Irretrievable Breakdown; Mutual Consent 23 Pa.C.S. & 3301(d)----------Irretrievable Breakdown; Two year separation where the court determines that there is a reasonable prospect of reconciliation. A list of marriage counselors is available in the Office of the Prothonotary Cumberland County Courthouse,1 Courthouse Square, Carlisle, Pennsylvania 17013. GREGORY S. HAZLETT, ESQUIRE ATTORNEY & COUNSELOR AT LAW Mechanicsburg, Pennsylvania 17055 (717) 790-5500 91 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, COMMONWEALTH OF PENNSYLVANIA ROBERT J. LAWLESS, PLAINTIFF, Civil Action---Divorce Docket No. VS. HEATHER C. LAWLESS, DEFENDANT, COMPLAINT UNDER SECTION 3301(C) OR 3301(D) OF THE DIVORCE CODE PARTIES 1. Plaintiff is Robert J. Lawless, an adult individual, sui juris an who currently resides 1019 E. Lisburn Road, Mechanicsburg, 17055 in the County of Cumberland, Commonwealth of Pennsylvania. 2. Defendant, is Heather C. Lawless, an adult individual, sui juris, who currently resides at 743 Old Silver Spring Road, Mechancisburg, 17055 in the County of Cumberland, Commonwealth of Pennsylvania. JURISDICTION & VENUE 3. Plaintiff has been a resident of the Commonwealth of Pennsylvania for a period of more than 6 months. 4. The parties were married on the 6t" day of May 2000, in the County of Cumberland, Commonwealth of Pennsylvania. 5. Neither the Plaintiff nor the Defendant is in the military or naval service of the United States or its allies within the provisions of the Soldiers' and Sailors' Civil Relief Act of the Congress of 1940 and its amendments. . 6. There have been no prior actions for divorce instituted by the plaintiff or defendant in this Commonwealth. GROUNDS FOR DIVORCE REQUEST FOR A NO-FAULT DIVORCE UNDER SECTION 3301 (d) OF THE DIVORCE CODE. 7. For the purposes of section 3301 (d) of the Divorce Code, the parties have been living separate since July 3`d, 2009. 8. The marriage is irretrievably broken. 9. Plaintiff has been advised that counseling is available and that the plaintiff may have the right to request that the court require the parties to participate in counseling. WHERFORE, plaintiff requests that the Honorable Court grant a decree of divorce pursuant to, and in conformity with 3301 (d) of the Divorce Code. 11. The parties do not have any biological child born within the marriage. 12. The parties have not heretofore entered into any written agreement as to support, alimony, or property division. GROUNDS FOR DIVORCE REQUEST FOR A NO-FAULT DIVORCE UNDER SECTION 3301 (C) OF THE DIVORCE CODE. 13. The prior paragraphs are incorporated herein by reference. WHEREFORE, provided the parties file affidavits consenting to a divorce after ninety (90) days have elapsed from the date of the filing and service of this Complaint, plaintiff respectfully requests the Court to enter a decree of divorce pursuant to section 3301(c) of the Divorce Code. GREGORY S. HAZLETT, ESQUIRE ATTORNEY & COUNSELOR AT LAW Mechanicsburg, Pennsylvania 17055 (717) 790-5500 VERIFICATION I verify that upon personal knowledge or information and belief that the statements made in this Complaint are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa C.S. & 49 g to unsworn falsification to authorities. Robert J. Lawless, Plaintiff Date: ` / v IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, COMMONWEALTH OF PENNSYLVANIA ROBERT J. LAWLESS, ~, Plaintiff, ~ c ~ .. ~~ No. 10-2519 ~~ ._ ~, ~ ~r`~° ~~ ~ c ~ VS. cnr- rv ~ Civil Action -Divorce ~~ - o~ . 3> c ~ ° ci - .~ c=~ HEATHER C. LAWLESS, c~ ~? ~~' Defendant _t TM' ~ -~ `~ ~; AFFIDAVIT OF CONSENT 1. A complaint in divorce under Section 3301(c) of the Divorce Code was filed on April 16t", 2010, and served upon defendant on Apri127t", 2010 by way of an Acceptance of Service. 2. The marriage of plaintiff and defendant is irretrievably broken and ninety days have elapsed from the date of service of the divorce Complaint. 3. I consent to the entry of a final decree of divorce. 4. I understand that I may lose rights concerning alimony, division of property, lawyers fees or expenses if I do not claim them before a divorce is granted. I verify that the statements made in this affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. Cons. Stat. S 4904 relating to unsworn falsification to authorities. Date:~~~__ ~~ Heather C. Law e s, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, COMMONWEALTH OF PENNSYLVANIA ROBERT J. LAWLESS, Plaintiff, VS. HEATHER C. LAWLESS, Defendant c-~ ~ o ° i No. 10-2519 ~~ ° ~.,~ .; ~ -~ -o ~~ ~ ~ ~° Civil Action -Divorce ~ c a °fi~ ~ 'T' ~~ ~-n v~ ~ ~~ ' "~ rU ~ ~a .,- ~' -~ WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF DIVORCE DECREE UNDER SECTION 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. 4. 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:~ZQ IQ Hea er C. Law ss, D ndant IN THE COURT OF COMMON PLEAS OF CUMBI COMMONWEALTH OF PENNSYLV COUNTY, ROBERT J. LAWLESS, Plaintiff, No. 10-2519 VS. Civil Action - Divorce HEATHER C. LAWLESS, -tea Defendant: AFFIDAVIT OF CONSENT 1. A complaint in divorce under Section 3301(c) of the Divor e Code was filed on April 16th; 2010, and served upon defendant on April 27th, 2010 by way of an Acceptance of Service. 2. The marriage of plaintiff and defendant is irretrievably broken nd ninety days have elapsed from the date of service of the divorce Complaint; 3. I consent to the entry of a final decree of divorce. 4. I understand that I may lose rights concerning alimony, divisio of property, lawyers fees or expenses if I do not claim them before a divorce is granted. I verify that the statements made in this affidavit are true and correct. I understand that false statements herein are made subject tote penalties of 18 Pa. Cons. Stat. S 4904 relating to unsworn falsification to authorities. Date: RobeW J. Law ess, I IN THE COURT OF COMMON PLEAS OF CUMBI COMMONWEALTH OF PENNSYLV ROBERT J. LAWLESS, Plaintiff, No. 10-2519 VS. Civil Action - D HEATHER C. LAWLESS, Defendant OF INTENTION TO REQUEST R SECTION 3301 (C) OF THE D 1. I consent to the entry of a final Decree of Divorce without COUNTY, ..µ 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 sentered by the Court, and that a copy of the Decree will be sent to me immediately after if is filed with the Prothonotary. 4. I verify that the statements made in this Affidavit are true anc that false statements herein are made subject to the penalties relating to unsworn falsification to authorities. Date: /0 correct. I understand f 18 Pa. C.S. & 4904 J. Lawless, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, COMMONWEALTH OF PENNSYLVANIA ROBERT J. LAWLESS, PLAINTIFF, Civil Action---Divorce Docket No. 10-2519 VS. c HEATHER C. LAWLESS, C= DEFENDANT © rn- , 9? CQ ? C-) ) a 3 -T+ aca ACCEPTANCE OF SERVICE r I, Heather C. Lawless, accept service of the Complaint in Divorce, Notice to Defend and Notice of Availability of Counseling in the above-captioned matter. I acknowledge that I am the Defendant in said matter or that I am authorized to accept on behalf of the Defendant. 1 ?u C?n Date Heather es , Defendant Mailing Address SEPARATION AND PROPERTY SETTLEMENT AGREEMENT OF ROBERT J. LAWLESS AND HEA R C. LAWLESS THIS AGREEMENT, made this day of Robert J. Lawless, hereinafter referred to as" Husband, a referred to as " Wife". WITNESSETH: 2010, by and between Heather C. Lawless, hereinafter WHEREAS, Husband and Wife were lawfully married on eday of May 2000, in the County of Cumberland, Commonwealth of Pennsylvania and WHEREAS, certain differences have arisen between the parties as a result of which they have separated and, and are desirous, therefore, of entering into an agreement which will provide for support, distribute their marital property, and will provide for their mutual responsibilities and rights growing out of the marriage relationship; and WHEREAS, the parties hereto, after being properly advised, have come to the following 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, intak ing 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 at such place or places as he or she may from time to time choose or deem fit. Each party shall be free from interference, authority and contact by the other as full&?as Oe r 3 or she was single and unmarried, except as may be necessary to carry out the provisio oiis . Agreement. Neither party shall molest the other nor attempt to endeavor to molest d her or `1 compel the other to cohabit with the other, nor in any way harass or malign the othc,, r y -ar,., way interfere with the peaceful existence, separate and apart from the other in all respe# as if she were single and unmarried p =-' bIHVAIASNt42d .kthdn 00 0NV1, 3-38Wn ! 1 .11 WV ZZ A 610? )\ 1ViO-NOH10jd 311 30 30IA30-0111.4 I 3. WIFE'S DEBTS: Wife represents and warrants to Husband that since their separation on or about July 3'd, 2009, she has not, and in the future she will not, contract or incur any debt or liability for which Husband or his estate might be responsible and shall indemnify and save Husband harmless from any and all claims and demands made against him by reasons of debts or obligations incurred by her subsequent to the entry of the divorce decree. 4. HUSBAND'S DEBTS: Husband represents and warrants to Wife that since their separation on or about July P' 2009, he has not, and in the future he will not, contract or incur any debt or liability for which Wife or her estate might be responsible and shall indemnify and save Wife harmless from any and all claims and demands made against her by reasons of debts or obligations incurred by him. (A) OUTSTANDING MARITAL DEBTS: It is represented as between the parties that there are currently joint marital debts incurred during the marriage which Husband consisting of a home mortgage to which husband shall be responsible to pay and hold Wife harmless and indemnify Wife in the event of any liability to this debt. 5. LEGAL REPRESENTATION It is hereby acknowledged and understood as between the parties to this agreement that Husband is represented by Gregory S. Hazlett, Esquire and Wife has a right to retain an attorney of her choosing to explain her legal rights and responsibilities. Each party has reached this agreement without any duress, coercion, or undue influence and has accordingly entered this agreement voluntarily and knowingly. 6. MUTUAL RELEASE: Subject to the provisions of this Agreement, each party waives his or her right to any and all legal or equitable claims not otherwise provided for or allowed within this agreement, 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, as amended. Subject to the provisions of this 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 in law or equity, which either of the parties ever had or now has against the other, 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 Section 202 of the Divorce Code. 2 I - f 7. EOUITABU DISTRIBUTION OF MARITAL PROPERTY: The parties have attempted to distribute their marital property in a manner which conforms to the criteria set forth in Section 401 of the Pennsylvania Divorce Code, and taking into account the following considerations: the length of the marriage; the age, health, station, amount and sources of income, vocational skills, employability, estate, liabilities and needs of each of the parties; the contribution of each party to the education, training or increased earning power of the other party; the opportunity of each party for firture acquisitions of capital assets and income; the sources of income of both parties' including but not limited to medical, retirement, insurance or other benefits; the contribution or dissipation of each party in the acquisition, preservation, depreciation or appreciation of the marital property, including the contribution of each spouse as a homemaker; the value of the property set apart to each party; the standard of living of the parties established during the marriage; and the economic circumstances of each party at the time the division of property is to become effective. The division of existing marital property is not intended by the parties to constitute in any way a sale or exchange of assets, funds or other property not constituting marital property. The division of property under this Agreement shall be in full satisfaction of all marital rights of the parties. A. DISTRIBUTION OF PERSONAL PROPERTY The parties hereto have divided equally all personal items consisting of, but not by way of limitation, the household furnishings, appliances, and other household personal property of whatever type, description, and form, between them, and they mutually agree that each party shall from and after the date hereof be the sole and separate owner of all such tangible personal property presently in his or her possession. Should it become necessary, the parties each agree to sign, upon request, any titles or documents necessary to give effect to this paragraph . Husband and Wife shall each be deemed to be in the possession and control of his or her own individual pension or other employee benefit plans or retirement benefits of any nature with the exception of Social Security benefits to which either party may have vested or contingent right or interest at the time of the signing of this Agreement, and neither will make any claim against the other for any interest is such benefits. From and after the date of the signing of this Agreement, both parties shall have complete firedom of disposition as to his/her separate property and any property which they have divided equally pursuant to this agreement and may mortgage, sell, grant, convey, or otherwise encumber or dispose of such property, whether real of personal, whether such property was acquired before, during or after the marriage, and neither Husband nor Wife need join in, consent to, or acknowledge any deed, mortgage, or other instrument of the other pertaining to such disposition of property. 3 i ,, 8. REAL PROPERTY: The parties hereto are legal and equitable owners of a marital residence located at: 1019 East Lisburn Road, Mechanicsburg, PA. 17055. It is hereby agreed that Husband shall retain sole exclusive occupancy of the marital home and Wife shall upon signing this agreement convey all legal and equitable ownership of the home by way of signing into husband's name a Deed conveying sole ownership to husband in exchange for husband paying to Wife the sum of thirty thousand dollars $30,000.00 dollars to be paid to Wife on or within four (4) years from the date of execution of this agreement with ten thousand dollars ($10,000.00), of the said thirty thousand dollars to be paid to Wife on the third year. Husband shall be solely responsible to pay all mortgage payments, utilities, taxes, and any and all other expenses related to his ownership of said home and shall hold Wife harmless and indemnify Wife to the extent of any liability to such debts related to his ownership and occupation of the home. Wife agrees to sign any and all documentation necessary subsequent to the signing of this agreement to convey full legal and equitable ownership of the home to husband and shall release any claims to equity or profits realized from the home up to and subsequent to the execution of this agreement. 9. PAYMENT OF MARITAL DEBTS It is hereby agreed that Husband shall pay one hundred percent 100% of the mortgage obligation relative to the marital home. Husband shall Hold Wife Harmless and Indemnify Wife in the event he fails to pay all outstanding marital debts as they become due. Husband, shall also pay Wife's Bank of America Credit card account ending in 8417 on a monthly basis and in a timely fashion until said balance is paid in full. Wife covenants that she will close this account and shall not use this line of credit for any reason not incur any additional charges on this line of credit. Husband shall be responsible to pay all individual debts that he has incurred in his name aloe. Wife shall be responsible to pay all individual debts that she has incurred in her name alone except the debt owing to Bank of America. 10. POST-SEPARATION OBLIGATIONS The parties agree and acknowledge that any and all obligations incurred by either party subsequent to July P, 2009 the date of separation shall be the sole and separate liability and responsibility of the party incurring the obligation. Each party agrees that he or she will not attempt to, and/or incur any liability financial or otherwise, to which the other party may become liable in any capacity direct or indirect. To the extent that such party incurs a liability to which the other party may become liable, the party incurring such obligation shall indemnify and hold harmless the other party from any and all liability arising from such post-separation and/or firture obligations. 4 .1 .. 11. MOTOR VEHICLES Wife shall retain sole and exclusive possession and ownership of the 2004 VW Beetle, and shall pay all expenses related to his ownership of said vehicle including but not limited to monthly auto payments, insurance, and costs and expenses and shall hold Wife Harmless and indemnify Wife in the event such payments are not being paid. Husband shall retain sole and exclusive possession and ownership of the 2002 Lexus RX 300 and shall pay all expenses related to his ownership of said vehicle including but not limited to monthly auto payments, insurance, and costs and expenses and shall hold Wife Harmless and indemnify Wife in the event such payments are not being paid. Husband shall retain sole and exclusive possession and ownership of the 2001 Ford F-150, and shall pay all expenses related to his ownership of said vehicle including but not limited to monthly auto payments, insurance, and costs and expenses and shall hold Wife Harmless and indemnify Wife in the event such payments are not being paid. Husband shall retain sole and exclusive possession and ownership of the 1988 Chris Craft Amero Sport boat, and shall place the same for sale and pay all outstanding liens against the same. Wife agrees to cooperate and sign all necessary documentation conveying title and ownership to the prospective buyer. Husband shall retain full legal, and equitable ownership of the 1988 Mobile Home located at 750 12d' St. Lot # 30 Vero Beach, Fl. 32960 and Wife releases and relinquishes any claims to equity, profit or otherwise. 12. SUPPORT Each party forever releases, relinquishes, and forfeits any and all claims against the other for Spousal Support, Alimony Pendente Lite, Alimony, Costs and Expenses and any and all other claims of support of any kind. 13. PENSION PLAN: Each party releases, relinquishes, and forfeits any claims against the other spouses, pensions, retirement accounts, 401 k, IRA, Stocks, Bonds, or any other financial accounts of any kind, description. 14. COUN-SEL 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 alimony pendente lite, counsel fees or expenses or any other provisions for their support and maintenance before, during and after the commencement of any proceedings for divorce or annulment between the parties. 15. 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 finure laws of any jurisdiction, to share in the property or estate of the other as a result of the marital relationship, including without limitation, dower, curtesy, statutory allowance, widow's allowance, intestate share, right to take against the will of the other, and right to act as administrator or executor of the others estate. Each will, at the request of the other, 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. 16. SUBSEQUENT DIVORCE / ATTORNEYS FEES This Agreement shall be incorporated into but shall not merge into any such judgment or decree of final divorce, but shall be incorporated for the purposes of enforcement only. 17. BREACH AND ENFORCEMENT: If either pasty breaches any provision of this Agreement, the other party shall have the right, at his or her election, to sue for damages for such breach, or seek other such remedies or relief as may be available to him or her, and the party breaching this Agreement should be responsible for payment of legal fees and costs incurred by the other in enforcing his or her rights under this Agreement. A. It is expressly understood and agreed by and between the parties hereto that this Agreement may be specifically enforced by either Husband or Wife in Equity, or in Law and the parties hereto agree that if an action to enforce this Agreement is brought in Equity by either party, the other party will make no objection on the alleged ground of lack of jurisdiction of said Court on the ground that there is an adequate remedy at law. The parties to not intend or purport hereby to 6 improperly confer jurisdiction on a Court in Equity by this Agreement, but they agree as provided herein for the forum of Equity in mutual recognition of the present state of the law, and in recognition of the general jurisdiction of Courts in Equity over agreements such as this one. B. Notwithstanding anything to the contrary herein, Husband and Wife may also proceed with an action at law for redress of his or her rights under the terms of this Agreement, and in such event it is specifically understood and agreed that for and in specific consideration of the other provisions and covenants of this Agreement, each shall waive any right to a jury trial so as to expedite the hearing and disposition of such case and so as to avoid delay. C. Each party further hereby agrees to pay and to save and hold harmless the other party from any and all attorney's fees and costs of litigation that either may sustain, or incur or become liable for, in any way whatsoever, or shall pay upon, or in consequence of any default or breach by the other of any of the terns or provisions of this agreement by reason of which either party shall be obliged to retain or engage counsel to initiate or maintain or defend proceedings against the other at law or equity or both in any way whatsoever; provided that the party seeks to recover such attorney's fees, and costs of litigation must first be successful in whole or in part, before there would be any liability for attorney's fees and costs of litigation. It is the specific agreement and intent of the parties that a breaching or wrongdoing party shall bear the burden and obligation of any and all costs and expenses and counsel fees incurred by himself or herself as well as the other party in endeavoring to protect or enforce his or her rights under this Agreement. 18. ADDITIONAL INSTRUMENTS: Each of the parties shall from time to time, at the request of the other, execute, acknowledge and deliver to the other party any and all further instruments that may be reasonably required to give full force and effect to the provisions of this Agreement. 19. VOLUNTARY EXECUTION: The provisions of this Agreement and their legal effect have been completely reviewed by the parties, and each party acknowledges that the Agreement is fair and equitable, that it is being entered into voluntarily, with full knowledge of the assets of both parties, and that it is not the result of any duress or undue influence. The parties acknowledge that they have been famished with all information relating to the financial affairs of the other which has been requested by each of them. 20 ENTIRE AGREEMENT: 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 7 division and distribution 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 Section 401(d) of the Divorce Code or any other laws. Husband and Wife 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 any provision of this Agreement. 21.. DISCLOSURE: Husband and Wife each represent and warrant to the other that he or she has made a full and complete disclosure to the other party of all assets of any nature whatsoever in which such party has an interest, the sources and amount of the income of such party or every type whatsoever and of all other facts relating to the subject matter of this Agreement. 22. MODIFICATION AND WAIVER: A modification and 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 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. It is understood and agreed that any and all property settlement agreements which may or have been executed prior to the date and time of this Agreement are null and void and of no effect as well as any verbal agreements or representations occurring prior to the effective date of this instrument. The descriptive headings used herein are for convenience only. They shall have no effect whatsoever in determining the rights or obligations of the parties. 25. 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. 8 26. APPLICABLE LAW: This Agreement shall be construed under the laws of the Commonwealth of Pennsylvania. 27. VOID CLAUSES: If any terms, conditions, 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 be valid and continue in full force, effect and operation. 28. AGREE BINDING ON HEIRS: This Agreement shall be binding and shall inure to the benefit of the parties hereto and their respective heirs, executors, administrators, successors and assigns. 9 h .t a IN WITNESS OF, the parties hereto have set their hand and seals the day and year first above written in g to legally bound. r' R . Lawless Commonwean of Pennsylvania County of Cumberland On this, the ,day of _Z LA), " A.D. 2010, before me a Notary Public appeareA Robert J. Lawless, 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 Seal R&dier C. ba Commonwealth of Pennsylvania County of Cumberland and NOTARIAL SEAL DAVID A. GREGORITS, NOTARY PUBLIC UPPER ALLEN TWP., CUMBERLAND CO MY COMMISSION EXPIRES OCT. 24, 2013 On this, the day of A.D.2010, before me a Notary Public He&*er C Lawless, 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,1 5ea1 NOTARIAL SEAL DAVID A. GREGORITS, NOTARY PUBLIC UPPER ALLEN TWP., CUMBERLAND CO MY COMMISSION EXPIRES OCT. 24, 2013 10 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, COMMONWEALTH OF PENNSYLVANIA ROBERT J. LAWLESS, PLAINTIFF, Civil Action---Divorce c C = Docket No. 10-2519 =M s - VS. N urn HEATHER C. LAWLESS, 310 (D- n DEFENDANT, .. PRAECIPE TO TRANSMIT THE RECORD To the Prothonotary: Please Transmit the record, together with the following information, to the court for entry of a divorce decree: 1. Grounds for divorce: irretrievable breakdown under Section 3301(C) of the Divorce Code. 2. The complaint in Divorce was filed on the 16TH day of April 2010, and served by way of Acceptance of Service on the 27th day of April 2010. 3. The plaintiff, signed his Affidavit of Consent and Waiver of Notice of Entry of a Divorce Decree on the 1 St day of November 2010. 4. The defendant signed his Affidavit of Consent on the 20th day of September 2010. 5. There are no related claims pending as between the parties hereto and listed herein to the extent that all marital issues have been settled by way of a marital separation agreement dated 1St day of June 2010. 6. The defendant signed a Waiver of Notice of Intention to Request Entry of Divorce Decree on the 20th day of September 2010 pursuant to Rule 1920.72 a copy of which is attached hereto. -Date: 11/17/2010 GREGORY S. ?icsburg, PA. 17055 717-790-5500 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, COMMONWEALTH OF PENNSYLVANIA ROBERT J. LAWLESS, PLAINTIFF, Civil Action---Divorce Docket No. 10-2519 VS. ?rn o -n rn HEATHER C. LAWLESS, ° DEFENDANT, ° --a o -n CERTIFICATE OF SERVICE I, Gregory S. Hazlett, Esquire, hereby certify that service of the foregoing Divorce Complaint and related documentation was made upon the interested parties listed hereunder by Acceptance of Service. HEATHER C. LAWLESS 743 OLD SILVER SPRING ROAD MECHANICSBURG, PA. 17055 Dated: 11/17/2010 GREGORY est Mdin Street hanicsburs. PA. 17055 717-790- 5500 ROBERT J. LAWLESS IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V. HEATHER C. LAWLESS DIVORCE DECREE C° 9-/oA,4. AND NOW, HD_Ydm, " RD/0 , it is ordered and decreed that ROBERT J. LAWLESS plaintiff, and HEATHER C. LAWLESS , 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.") IT IS FURTHER ORDERED, that the Marital Settlement Agreement, executed by the parteis on the 1st day of June of 2010, shall be incorporated into the Divorce Decree and shall not Mere and shall become an Order of Court and enforceable as such. : NO. 10-2519 By the Cou Attest: J. P othonotary r tr