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Home My WebLink About01-0768IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA MICHEL R. PEARSON, Plaintiff VS. SUSAN L. PEARSON Defendant NO. - CIVIL ACTION - LAW IN DIVORCE NOTICE TO DEFEND AND CLAIM RIGHTS You have been sued in Court. If you wish to defend against the claims set forth in the following pages, you must take prompt action. You are warned that if you fail to do so, the case may proceed without you and a Decree of Divorce or annulment may be entered against you by the Court. A judgment may also be entered against you for any other relief requested in these papers by the Plaintiff. You may lose money or property or other rights important to you. When the grounds for the divorce is indignities or irretrievable breakdown of the marriage, you may request marriage counseling. A list of ma~iage counselors is available in the Office of the Prothonotary at the Cumberland County Court House, Carlisle, Pennsylvania 17013. 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 ASSISTANCE. Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 Telephone: (717) 249-3166 AVISO PARA DEFENDER Y RECLAMAR DERECHOS USED HA SIDO DEMANDADO EN LA CORTE. Si desea defederse de las quejuas expuestas en las paginas siquientes, debe tomar accion con prontitud. Se le avisa que si not se defiende, el caso puede proceder sin usted y decreto de divorcio o anulamiento puede ser emitido en su contra por la Corte. Una decision puede tambien ser emitida en su contra pot cualquier otra queja o compensacion reclamados por el demandante. Usted puede perder dinero, o propiedades y otros derechos importantes para usted. Cuando la base para el divorcio es indignidades o rompimiemo irreparable del matrimonio, usted puede solicitar consejo matrimonial. Una lista de consejeros matrimoniales esta disponible en la oficina del Prothonotary, en la Cumberland County Court House, Carlisle, Pennsylvania 17013. SI USTED NO RECLAMA PENSION ALIMENTICIA, PROPIEDAD MARITAL, HONORARIOS DE ABOGADO Y OTROS GASTOS ANTES DE QUE EL DECRETO F1NAL DE DIVORCIO O ANULAMIENTO SEA EMITIDO, USED PUEDE PERDER EL DERECHO A RECLAMAR CUALQUIERA DE ELLOS. USTED DEBE LLEVAR ESTE PAPEL A UN ABOGADO DE INMEDIATO. SI NO TIENE O NO PUEDE PAGAR UN ABOGADO, VAYA O LLAME A LA OFIC1NA INDICADA ABAJO PARA AVERIGUAR DONDE PUEDE OBTENER ASISTENCIA LEGAL. Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 Telefano: (717) 249-3166 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA MICHEL R. PEARSON, Plaintiff VS. SUSAN L. PEARSON, Defendant CIVIL ACTION - LAW 1N DIVORCE AFFIDAVIT OF MARRIAGE COUNSELING Michel R. Pearson, being duly sworn according to law, deposes and says: 1. I have been advised of the availability of manfage counseling and understand that I may request that the court require that my spouse and I participate in counseling. 2. I understand that the court maintains a list of marriage counselors in the Office of the Prothonotary, which list is available to me upon request. 3. Being so advised, I do not request that the court require that my spouse and I participate in counseling prior to a divorce decree being handed down by the court. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904, relating to unswom falsification to authorities. Date: February 5, 2001 Michel R. Pearson IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA MICHEL R. PEARSON, Plaintiff VS. SUSAN L. PEARSON Defendant : NO. : CIVIL ACTION - LAW : : 1N DIVORCE COMPLAINT IN DIVORCE AND NOW, this 5th day of February, 2001, comes the Plaintiff, Michel R. Pearson, by his attorney, G. Patrick O'Connor, Esquire, Office of G. Patrick O'Connor, Esquire, and files the following Complaint in Divorce whereof the following is a statement: 1. The Plaintiff, Michel R. Pearson, is an adult individual who currently resides at 204 Bosler Avenue, Lemoyne, Cumberland County, Pennsylvania 17043. 2. The Defendant, Susan L. Pearson, is an adult individual who currently resides at 411 Bridge Street, New Cumberland, Cumberland County, PA 17070. 3. The Plaintiff and Defendant were married on or about May 24, 1984, and separated on or about June 5, 2000. 4. The Defendant has been a bona fide resident of the Commonwealth of Pennsylvania for at least six (6) months immediately previous to the filing of this Complaint. 5. There have been no prior actions of divorce or annulment between the parties. 6. The Plaintiff has been advised of the availability of counseling and the right to request that the Court require the parties to participate in counseling. 7. Both the Plaintiff and Defendant are sui juris and are citizens of the United States. 8. The Plaintiff avers as the grounds upon which this action is based is that the marriage between the parties hereto is irretrievably broken. WHEREFORE, the Plaintiff request your Honorable Court to enter a decree divorcing the Plaintiff and Defendant absolutely. Respectfully submitted, G. Patrick O'Connor, Esquire 3105 Old Gettysburg Road Camp Hill, PA 17011 (717) 737-7760 ID No. 64720 Attorney for the Plaintiff VERIFICATION I, MICHEL R. PEARSON, state that I am the PLAiNTIFF in the above-captioned case and that the facts set forth in the foregoing are tree and correct to the best of my knowledge, information, and belief. I realize that false statemems herein are subject to the penalties for unswom falsification to authorities under 18 Pa.C.S. Sec. 4904. Date: February 5, 2001 Michel R. Pearson IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA MICHEL R. PEARSON, Plaintiff VS. SUSAN L. PEARSON, Defendant NO. 01-768 Civil Term CIVIL ACTION - LAW IN DIVORCE AFFIDAVIT OF SERVICE BY MAIL PURSUANT TO PA. R. CIV. E 1920.4 G. Patrick O'Connor, Esquire, being duly sworn according to law, deposes and says that he mailed a copy of the Complaint in Divorce filed in this matter by certified mail, return receipt requested, addressee only, to the Defendant at 411 Bridge Street, New Cumberland, Pennsylvania 17070. The return receipt signed by the Defendant is evidence of delivery to her and is attached as Exhibit "A". I verify that the facts contained above are true and correct to the best of my knowledge, information and belief I understand that the facts herein are verified subject to the penalties for unsworn falsification to authorities under Crimes Code, Section 4904 (18 Pa. CS {}4904). ,/G. Patrick O'Connor, Esquire I.D. No. 64720 3105 Old Gettysburg Road Camp Hill, PA 17011 Phone 717-737-7760 Attorney for Plaintiff al Cem~ete items 1, 2, and 3. Also complete 11~4 if Restricted Delivery is desired. · I~.l,¥our name and address on the reverse me II~t we can return the card to you. · ~ this card to the back of the mailpiece, ~r m~ the front if space permits, 1. ~ Addressed to: If YES, enter delivery address below: [] NO Certified Mail [] Express Mail Istered [] Return Receipt for ~ [] Insured Mail [] C.O.D. 4. Restdcted Delivery? (Extra Fee) ~ EXHIBIT "A" IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA MICHEL R. PEARSON, Plaintiff VS. SUSAN L. PEARSON, Defendant : NO. 01-768 Civil Term CIVIL ACTION - LAW IN DIVORCE AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed on February 8, 2001 and service made on the Defendant on March 3, 2001. 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. 4. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if I do not claim them before a divorce is granted. I verify thai the statements made in this affidavit are true arid correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S Section 4904 relating to unsworn falsification to authorities. DATE: Michel R. Pearson, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA MICHEL R. PEARSON, Plaintiff VS. SUSAN L. PEARSON, Defendant NO. 01-768 Civil Term CIVIL ACTION - LAW 1N DIVORCE WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER SECTION 3301(c) OF THE DIVORCE CODE 1. I consent to the entry of a final decree of divorce without notice. 2. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses ifI 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 are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S Section 4904, relating to unsworn falsification to authorities. DATE: Michel R. Pearson, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA MICHEL R. PEARSON, Plaintiff VS. SUSAN L. PEARSON, Defendant NO. 01-768 Civil Term CIVIL ACTION - LAW IN DIVORCE AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed on February 8, 2001 and service made on the Defendant on March 3, 2001. 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 in this affidavit are true and correct. 1 understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. Dill'E:~ 'do~'- D/ ~son,]~~~Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA MICHEL R. PEARSON, Plaintiff VS. SUSAN L. PEARSON, Defendant NO. 01-768 Civil Term CIVIL ACTION ~ LAW 1N DIVORCE WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER SECTION 3301(c) OF THE DIVORCE CODE 1. I consent to the entry of a final decree of divorce without notice. 2. I understand that I may lose rights concerning alirnony, division of property, lawyer's fees or expenses ifI 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 veri~ that the statements made in the foregoing 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 unswom falsification to authorities. DATE: SEPARATION AND PROPERTY SETTLEMENT AGREEMENT THIS AGREEMENT made and entered into this /o day of/"/~ ~c_. ti , 2001, by and between MICHEL R. PEARSON, of Cumberland County, Pennsylvania, party of the first part, hereinafter referred to as "Husband," and SUSAN L. PEARSON, of 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 May 24, 1984; and WHEREAS, certain differences have arisen between the parties as a consequence of which they intend to live separate and apart from each other during the rest of their natural lives; and WHEREAS, the husband has committed adultery by engaging in an extra-marital relationship; WHEREAS, the parties desire to confirm their separation and desire to enter into an agreement for the final settlement of their property and affairs; and WHEREAS, the parties for the reasons stated above intend to dissolve their marital status by means of a divorce pursuant to Section 3301 (c) of the Divorce Code of Pennsylvania. NOW, THEREFORE, in consideration of the foregoing and in further consideration of the covenants and promises hereinafter mutually to be kept and performed by each party hereto, as well as for other good and valuable considerations, it is agreed as follows: 1. SEPARATION. It shall be lawful for each party at all times hereafter to live separate and apart from the other party, at such place or places as he or she from time to time may choose or deem fit. 2. NONINTERFERENCE. Each party shall be free from interference, authority and control, direct or indirect, by the other in all respects as fully as if he or she were single and unmarried. 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. Neither party shall molest, harass, disturb or malign the other or the family of said other, nor compel or attempt to compel the other to cohabit or dwell with him or her. 3. MUTUAL RELEASES. Husband relinquishes his inchoate intestate right in the estate of Wife, and Wife relinquishes her inchoate intestate right in the estate of Husband, and each of the parties hereto by these presents, for himself or herself, his or her heirs, executors, administrators or assigns, does remise, release, quitclaim, and forever discharge the other party hereto, his or her heirs, executors, administrators or assigns, or any of them, of and from any and all claims, demands, damages, actions, causes of actions, or suits at law or in equity, of whatsoever kind or nature, for or because of any matter or thing done, omitted, or suffered to be done by said party prior to and including the date hereof; except that his release shall in no way exonerate or discharge either party hereto from the obligations and promises made and imposed by reason of this Agreement, and shall in no way affect any cause of action in absolute divorce which either party may have against the other party. 4. MARITAL PROPERTY. The parties hereto acknowledge and agree that they acquired various assets and debts during their marriage, whether the same were held jointly or individually by the parties hereto, including but not necessarily limited to: (a) The family residence located at 204 Bosler Avenue, Lemoyne, Pennsylvania, titled in both names and worth approximately $65,000. Said residence was encumbered at the time of separation by a primary mortgage of approximately $30,000 and a home equity loan of approximately $15,000. (b) Household goods, contents, furniture and furnishings previously located in the family residence. (c) Husband's 1997 Ford Escort, titled in the names of both Husband and Wife, presently encumbered by a loan of approximately $5,000 from Allfirst Bank. (d) Wife's 1993 Ford Escort, titled in Wife's name, presently not encumbered by any loans. (e) Husband's life insurance policy with USAA, having a cash value of approximately $800 at the time of separation. (f) A joint checking account at Members 1st Federal Credit Union containing approximately $700 at the time of separation. (g) A joint savings account at Members 1st Federal Credit Union containing approximately $300 at the time of separation. (h) Wife's savings and checking accounts at Members 1st Federal Credit Union. (i) Cash proceeds from a federal income tax refund, expected to be approximately $2,600, that was due at the time of separation. (j) Husband's Thrift Savings Plan worth approximately $40,000 at the time of separation. (k) Husband's pension through the U.S. Navy, for which Husband was vested at time of separation. (1) Wife's IRA with Vanguard Investments worth approximately $20,000 at the time of separation. (m) Wife's pension through Maryland Casualty Company, for which Wife was vested at time of separation. (n) Debts at the time of separation totaling approximately $10,000 owed on a Visa card and Mastercard held in Husband's name, in addition to the mortgage debts described in Paragraph 4(a), above, and approximately $5,000 owed for the 1997 Ford Escort, described in Paragraph 4(c), above. (o) Various items of personal property of a personal nature. DISTRIBUTION OF MARITAL PROPERTY. The parties hereto covenant and agree that the assets described in Paragraph 4, above, have been or are hereby being divided and distributed between them as follows: (a) Husband and Wife agree that the family residence located at 204 Bosler Avenue, Lemoyne, Pennsylvania, shall be sold at a mutually agreeable time and price. The net proceeds from the sale shall be equally divided between Husband and Wife at the time of settlement for the real estate. Husband and Wife each covenants and agrees that said share of proceeds from the sale of the family residence as provided by this agreement shall be and remain the sole and separate property of the other. Husband and Wife each relinquish and disclaim any and all ownership, right, title and interest in and to the other's share proceeds of the other from the sale of the family residence. (b) Husband and wife have divided the household goods, contents, furniture and furnishings from the family residence to the satisfaction of each party, and Husband and Wife each relinquish and disclaim any and all ownership, right, title and interest in and to the household goods, contents, furniture and furnishings presently in possession of the other party. (c) Wife relinquishes and disclaims any and all ownership, right, title and interest in Husband's 1997 Ford Escort, and Wife agrees that Husband shall be and remain the sole and separate owner of same. Wife covenants and agrees that the 1997 Ford Escort shall be and remain the sole and separate property of Wife. Husband shall have responsibility to pay all debt in regard to said automobile and all costs of maintaining said vehicle. (d) Husband relinquishes and disclaims any and all ownership, right, title and interest in Wife's 1993 Ford Escort and Husband agrees that Wife shall be and remain the sole and separate owner of same. Husband covenants and agrees that said 1993 Ford Escort shall be and remain the sole and separate property of Wife. Wife shall be responsible for all costs of maintaining said vehicle. (e) Wife relinquishes and disclaims any and all ownership, right, title and interest in Husband's life insurance policy with USAA, including the cash value of same. Wife covenants and agrees that said life insurance policy shall be and remain the sole and separate property of Husband. (f) Husband shall retain the proceeds from the joint checking account at Members 1 st Federal Credit Union. Wife relinquishes and disclaims any and all ownership, right, title and interest in and to said proceeds. Wife covenants and agrees that said proceeds from the Members 1 st Federal Credit Union account shall be and remain the sole and separate property of Husband. (g) Husband shall retain the proceeds from the joint savings account at Members 1 st Federal Credit Union. Wife relinquishes and disclaims any and all ownership, right, title and interest in and to said proceeds. Wife covenants and agrees that said proceeds from the Members 1st Federal Credit Union account shall be and remain the sole and separate property of Husband. (h) Wife shall retain the proceeds from her savings and checking accounts at Members 1 st Federal Credit Union. Husband relinquishes and disclaims any and all ownership, right, title and interest in and to said proceeds. Husband covenants and agrees that said proceeds from Wife's Members 1st Federal Credit Union accounts shall be and remain the sole and separate property of Wife. (i) Husband and Wife agree that cash proceeds from the anticipated federal income tax refund shall be divided equally. Each party covenants and agrees that the share of proceeds provided to the other from the federal income tax refund shall be and remain the sole and separate property of the other. (j) Wife relinquishes and disclaims any and ail ownership, right, title and interest or entitlement in or to Husband's Thrift Savings Plan. Wife covenants and agrees that Husband's Thrift Savings Plan shall be and remain the sole and separate property of Husband. (k) Wife relinquishes and disclaims any and all ownership, right, title and interest or entitlement in or to Husband's pension through the U.S. Navy. Wife covenants and agrees that Husband's said pension shall be and remain the sole and separate property of Husband. (1) Husband relinquishes and disclaims any and all ownership, right, title and interest or entitlement in or to Wife's IRA with Vanguard Investments. Husband covenants and agrees that Wife's said IRA shall be and remain the sole and separate property of Wife. (m) Husband relinquishes and disclaims any and all ownership, right, title and interest or entitlement in or to Wife's pension through Maryland Casualty Company. Husband covenants and agrees that Wife's said pension shall be and remain the sole and separate property of Wife. (n) Husband agrees to pay the total debt that existed on his Visa card and Mastercard at the time of separation. Husband covenants and agrees that he shall not seek any reimbursement in consideration for payment of the said marital debts. Husband and Wife shall each be responsible for debts incurred by himself or herself after the date of separation. (o) Husband and Wife have each taken possession of their respective personal items. Each of the parties hereto relinquishes and disclaims any and all ownership, right, title and interest in or to the personal effects of the other. 6. EQUITABLE PROPERTY. This Agreement constitutes an equitable division of the parties' marital property. The parties have determined that the division of this property conforms with regard to the rights of each party. The division of existing marital property is not intended by the parties to constitute in any way a sale or exchange of assets. 7. ALIMONY. Wife relinquishes and disclaims any and all claims to spousal support and alimony from the Husband now and in the future. Husband relinquishes and disclaims any and all claims to spousal support and alimony from the Wife now and in the future. 8. CUSTODY AND VISITATION. It is agreed that Wife shall have primary physical custody of the parties' minor child, Heather M. Pearson, born 11/29/85. Husband shall have liberal visitation privileges as mutually agreed upon. Wife shall not unreasonably withhold visitation. 9. TAX EXEMPTION. Husband agrees that Wife shall be entitled to claim their daughter, Heather M. Pearson, as Wife's exemption on all future federal income tax returns, as long as she has primary physical custody. 10. SUPPORT AND INSURANCE. Husband shall provide financial aid in support of Heather to the extent that it is needed and mutually agreed upon by the parties. Husband agrees to continue to carry daughter Heather on his health insurance policy provided by the U.S. Navy as long as she remains a dependent. 11. INCOME TAX RETURN. In the event that any federal income tax is owed for any years in which a joint federal income tax return was filed prior to the execution of this agreement, the parties hereby agree that each shall pay fifty percent (50%) of the amount owed. In the event that any federal income tax refund is due for any years in which a joint federal income tax return was filed prior to the execution of this agreement, the parties hereby agree that each shall be entitled to an amount equal to fifty percent (50%) of the total refund due. 12. INDEMNIFICATION FOR PAST DEBTS. Except as otherwise provided in Paragraph 5, above, each of the parties hereto covenants and agrees to assume full responsibility for and to pay all debts and obligations of whatsoever kind or nature incurred individually by that party prior to the day and date of this Agreement, and each of the parties hereto hereby covenants and agrees to indemnify the other party and save him or her harmless from all liability or claim on account of said debts and obligations from and after the date hereof. 13. FUTURE OWNERSHIP OF PROPERTY. Each of the parties hereto may hereafter own and enjoy, independently of any claims or rights of the other, all items of personal and real property, tangible or intangible, hereafter acquired by him or her, with full power in him or her to dispose of the same as fully and effectively in all respects and for all purposes as though he or she were unmarried. 14. MUTUAL RELEASES. The parties acknowledge that under prevailing Pennsylvania law they each have certain possible fiscal rights, including but not limited to the following: spousal support, alimony pendente lite in the event of a divorce, permanent alimony subsequent to a divome, recovery of counsel fees, costs and expenses in the event of a divorce, and equitable distribution of marital property. It is the intention of the parties hereto that all of the foregoing rights and remedies, with the exception of those otherwise provided in this Agreement, are hereby waived and forever released and that this Agreement shall have the effect of a final Order of Court relieving each party of the obligation to the other for any and all of the foregoing possible rights and remedies. The parties have effected an equitable distribution of their marital property and neither will seek further distribution by any action at law or in equity. 15. EFFECT OF DIVORCE DECREE. The parties covenant and 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. 16. INDEMNIFICATION FOR FUTURE DEBTS. Each of the parties hereby covenants and agrees with the other party not to make, incur or attempt to make or incur any debt or obligation for or on behalf of the other party hereto, or for which the other party may be held liable, from and after the date hereof, and each of the parties hereto hereby covenants and agrees to indemnify the other party and save him or her harmless from all liability or claim on account of said debt or obligations from and after the date hereof. 17. OTHER DOCUMENTS. Each of the parties hereto shall, from time to time, at the request of the other party, execute, acknowledge and deliver unto said other party any and all further documents or instruments which may be reasonably required to give full force and effect to the terms and provisions of this Agreement. 18. DIVORCE. This Agreement shall not be constraed to affect or bar the right of either Husband or Wife to an absolute divorce on legal and truthful grounds if they now exist or may hereafter arise. 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 occurred prior to or which may occur subsequent to the date hereof. It is understood, however, that Husband will pursue an action in divorce pursuant to Section 3301 (c) of the Divorce Code of Pennsylvania, on the grounds that the marriage is irretrievably broken, and that both parties agree to execute and file the appropriate affidavits of consent necessary to complete said action in divorce on the basis of mutual consent. 19. SEVERABILITY. The waiver of any term, condition, clause or provision of this Agreement shall in no way be deemed or considered a waiver of any other term, condition, clause or provision of this Agreement, and if any provision of this Agreement is held to be invalid or unenforceable by a court of competent jurisdiction, all other provisions shall nevertheless continue to be in full force and effect. 20. LAW OF PENNSYLVANIA APPLICABLE. Both parties covenant and agree that they have had ample and sufficient time to carefully and fully review the terms and provisions of this Agreement and to seek and obtain the advice and counsel of an attorney with respect to the same. Husband has engaged the services of G. Patrick O'Connor, Esquire. Wife has had the opportunity to consult with the attorney of her choosing. Each party has carefully reviewed the terms and conditions of this Agreement. Both parties covenant and agree that they fully understand the facts upon which this Agreement is premised and based, that they believe this Agreement to be fair and equitable, that said Agreement is being entered into freely and voluntarily by each of them, and that the execution of this Agreement is not the result of any duress or undue influence and that it is not the result of any collusion or improper or illegal agreement or agreements. 21. INTEGRATION. This Agreement constitutes the entire understanding between the parties and supersedes any and all prior agreements and negotiations between them. Both parties further agree that there are no covenants, conditions, representations or agreements, oral or written, of any nature whatsoever, other than those contained herein. 22. AGREEMENT BINDING UPON HEIRS. This Agreement shall be binding upon the parties hereto and their respective heirs, executors, administrators and assigns. IN WITNESS WHEREOF, the parties hereto, intending to be legally bound hereby, have hereunto set their hands and seals the day and year first above written. WITNESSETH: ~ '~ '~(SEAL) Michel R. Pearson _ SEAL) Susan LYFearson COMMONWEALTH OF PENNSYLVANIA ) :SS. COUNTY OF CUMBERLAND ) Onthis, the /o dayof ~t~.cr~ ? 0..90 o/ , 2001, before me, a Notary Public in and for the state and county aforesaid, the undersigned officer, personally appeared MICHEL R. PEARSON, known to me (or satisfactorily proven) to be the person described in the foregoing instrument, and acknowledged that he executed the same for the purposes therein contained. IN WITNESS WHEREOF, I hereunto set my hand and official seal. ~q.otary Public NOTARIAL SEAL JANE K. HAVNAER, i%i:~:~¥ Pu!?!ic Camp Hitl Boro, C'am~:'!'~!d Cod:~t,, ,~Commisston Expires Ju~e 24, 20~'2 COMMONWEALTH OF PENNSYLVANIA ) :SS. COUNTY OF CUMBERLAND ) On this, the /D~:' day of 7T/d/cd~ ~-~ t9 ~ / 2001, before me, a Notary Public in and for the state~ and county aforesaid, the undersigned officer, personally appeared SUSAN L. PEARSON, known to me (or satisfactorily proven) to be the person described in the foregoing instrument, and acknowledged that she executed the same for the purposes therein contained. IN WITNESS WHEREOF, I hereunto set my hand and official seal. o~ta~ Publi% NOTARIAL SEAL JANE K. HAVNAER, Notary Pub!;c Camp Hi~ R_oro, Cumba¢~nd My Commfs~;ion Expi,'~s d~,r~, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA MICHEL R. PEARSON, Plaintiff VS. SUSAN L. PEARSON, Defendant NO. 01-768 Civil Term CIVIL ACTION - LAW IN DIVORCE PRAECIPE TO TRANSMIT RECORD To the Prothonotary: Please transmit the record together with the following information, to the Court for entry of a divorce decree: 1. Ground for divorce: irretrievable breakdown under Section 3301(c) of the Divorce Code. 2. Date and manner of service of the Complaint: Mailed February 12. 2001 by certified mail and received by Defendant on March 3, 2001. 3. [Complete either paragraph (a) or (b).] (a) Date of execution of the affidavit of consent required by Section 3301(c) of the Divorce Code: by Plaintiff: June 30, 2001; by Defendant: June 25, 2001. (b) Date of execution of the Plaintiff's Affidavit required by Section 3301(d) of the Divorce Code: ,and, date of service of the Plaintiff's Affidavit upon the Defendant: 1. Related claims pending: None. All economic claims have been settled. 2. Date and manner of service of Notice of Intention to file praecipe to transmit record, a copy of which is attached, if the decree is to be entered under Section 3301(d)(I) of the Divorce Code: 3. Date and manner of service of Notice of Intention to file praecipe to transmit record, a copy of which is attached, if the decree is to be entered under section 330 l (c) of the Divorce Code , or, date of execution of waiver of Notice of Intent and date of filing: Plaintiff's Waiver of Notice was executed on June 30, 2001, and filed contemporaneously herewith. Defendant's Waiver of Notice was executed on June 25, 2001, and filed contemporaneously herewith. The Plaintiff's Social Security number is 574-50-6595. The Defendant's Social Security number is 211-40-6533. -~ Patrick O Connor, Attorney for Plaintiff STATE OF ~ PENNA. MICHEL R. PEARSON Versus SUSAN L. PEARSON N()....Olr.~.6~...Ci.~il...T.erm DECREE IN DIVORCE AND NOW,.. ,.,~, .~'. ............... ~0.(?.Z.., it is ordered and decreed that ...............~.z.c..~.~.~..§:...~.~.~.~.o.~. ............... plaintiff, and ........................ .~.u.~.~?...~,.. ?. ~.~.~.s.o..~ ............... defendant, are divorced from the bonds of matrimony, The court retains iurisdiction of the following claims which have been raised of record in this action for which a final order has not yet been ~ entere ; IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA MICHEL R. PEARSON, Plaintiff VS. SUSAN L. PEARSON, Defendant NO. 01-768 Civil Term CIVIL ACTION - LAW IN DIVORCE AGREEMENT TO MODIFY SEPARATION AND PROPERTY SETTLEMENT AGREEMENT THIS AGREEMENT made and entered into this/~" --day of Sf~ ~'~t~'~ - 2003, by and between MICHEL R. PEARSON, of Cumberland County, Pennsylvania, party of the first part, hereinafter referred to as "Husband," and SUSAN L. PEARSON, of Cumberland County, Pennsylvania, party of the second part, hereinafter referred to as WITNESSETH: WHEREAS, the parties hereto entered into a SEPARATION AND PROPERTY SETTLEMENT AGREEMENT on March I0, 2001, and WHEREAS, the parties hereto were divorced from the bonds of matrimony by a DECREE IN DIVORCE issued on July 18, 2001, by the Honorable Edgar B. Bayley in the Court of Common Pleas of Cumberland County, Pennsylvania, and WHEREAS, the parties hereto desire to amend said SEPARATION AND PROPERTY SETTLEMENT AGREEMENT in order to achieve a more equitable, cost- efficient and practical resolution in regard to the marital residence, as well as to provide a clarification to the original document, NOW THEREFORE, in consideration of the foregoing and in further consideration of the covenants and promises hereinafter mutually to be kept and performed by each party hereto, as well as for other good and valuable considerations, it is agreed as follows: 1. With regard to Paragraph 5(a) of the Agreement, Husband and Wife agree that Husband shall provide to Wife the sum often Thousand Dollars ($10,000.00). Upon receipt of said sum, Wife shall execute a Deed for the purpose of transferring and conveying all of her interest in the family residence located at 204 Bosler Avenue, Lemoyne, Pennsylvania, to Husband. Wife shall relinquish and disclaim any and all ownership, right, title and interest in said family residence, and Wife agrees that Husband shall be and remain the sole owner of same. Husband shall take all responsibilty for paying all debt in regard to said family residence for all costs of maintaining said family residence. 2. With regard to Paragraph 5(c) of the Agreement, Husband and Wife agree to amend the second sentence of said paragraph to state as follows: "Wife covenants and agrees that the 1997 Ford Escort shall be and remain the sole and separate property of Husband." 3. With regard to all other paragraphs mad provisions of the original SEPARATION AND PROPERTY SETTLEMENT AGREEMENT, Husband and Wife agree that they shall remain the same and retain the full force and effect as originally provided 4. This Agreement constitutes an equitable division of the parties' marital property. The parties have determined that the division of this property conforms with regard to the rights of each party. The division of existing marital property is not intended by the parties to constitute in any way a sale or exchange of assets. IN WITNESS WHEREOF, the parties hereto, intending to be legally bound hereby, have hereunto set their hands and seals the day and year first above written. WITNESSETH: ~h~c_(~'4~- ~3,_o-c~,~ (SEAL) Michel R. Pearson Susan L. Pearson COMMONWEALTH OF PENNSYLVANIA ) :SS. COUNTY OF CUMBERLAND ) On this, the day of ~f , 2003, before me, a Notary Public in and for the sfftte and county aforesaid, the undersigned officer, personally appeared MICHEL R. PEARSON, known to me (or satisfactorily proven) to be the person described in the foregoing instrument, and acknowledged that he executed the same for the purposes therein contained. IN WITNESS WHEREOF, I hereunto set my hand and official seal. NOTARI,~L SEAL WILLI/~M L. GRUBS, No,lory Public L~,oy~ Alten Twp., Currl~erle, t~ County Uorn~ssion Ex3:~ir~ Aug. 13, ~5 Notary Public (SEAL) COMMONWEALTH OF PENNSYLVANIA ) : SS. COUNTY OF CUMBERLAND ) On this, the day of c:~ ~_.c~ . , 2003, before me, a Notary Public in and for the state and county aforesaid, the undersigned officer, personally appeared SUSAN L. PEARSON, known to me (or satisfactorily proven) to be the person described in the foregoing instnanent, and acknowledged that she executed the same for the purposes therein contained. IN WITNESS WHEREOF, I hereunto set my hand and official seal. NOTARIAL SEAL WILLIAM L. GRUBB, No,~:~w'y Pu~blic LOwer.A//en Twp., Curot)erb, nd County My OOmmi~ioo Expire~ A~g. 13, 2005 Notary Public (SEAL)