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HomeMy WebLinkAbout01-0807LAWRENCE M. FAILOR, Jl~ Pl~ntiff VS. PENNY S. FAILOR, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA NO. V I-~ c') IN DIVORCE CIVIL TERM NOTICE TO DEFEND AND ~ RIGHTS You have been sued in Court. If you wish to defendant a~tinst 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 will proceed without and a decree in divorce or annulment may be entered against you by the Court. A judgment may also be entered asainst you for any other claim or relief requested in these papers by the PlaintS. 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 in&gnities 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, Pennsylvania, 17013. IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DMSION OF MARITAL PROPERTY, LAWYER'S FEES, OR EXPENSES BEFORE A DIVORCE 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 Two Liberty Avenue Carlisle, Pennsylvania 17013 (717) 249-3166 LAWRENCE M. FAILOR, ~R. Plaintiff VS. PENNY S. FAILOR, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : : NO. oJ- ~'0'/ CIVILTERM : IN DIVORCE COMPLAINT IN DIVORCE 1. Plaintiff is Lawrence M. Fallor, Jr., an adult individual currently residing at 604 Copper Circle, Carlisle, Cumberland County, Pennsylvania. Plaintiff has resided at this address for approximately six years. 2. Defendant is Penny S. Fallor, an adult individual currently residing at 1946A Fry Loop Road, Carlisle, Cumberland County, Pennsylvania. Defendant has resided at this address since December 29, 2000. 3. Plaintiff is a bonafide resident of the Connnonwealth 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 August 14, 1983, in Carlisle, Cumberland County, Pennsylvania. 5. There have been no prior actions for divorce or annulment between the parties. 6. The Defendant is not a member of the Unites States Armed Forces or its Allies. 7. 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. 8. Plaintiff and Defendant are citizens of the United States of America. 9. The parties' marriage is irretrievably broken. 10. Plaintiff desires a divorce based upon the belief that Defendant will, ninety days from the date of service of this Complaint, consent to this divorce. WHEREFORE, Plaintiff requests your Honorable Court to enter a decree in divorce pursuant to Section 3301(c) of the Domestic Relations Code. Respectfully submitted, GRIFFIE & ASSOCIATES 200 North Hanover Street Carlisle, PA 17013 (717) 243-5551 (800) 347-5552 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, relatin~ to unswom falsification to authorities. DATE: ~-~' C)I .~;.~.~.a~-~- '~] - LAWRENCE M. FAILOR,/Ft. LAWRENCE M. FAILOR, JR., Plaintiff VS. PENNY S. FAILOR, Defendant, : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW : NO. 01-807 CIVIL TERM : IN DIVORCE AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed on February 9, 2001. 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety (90) days have elapsed fi.om the date of the filing and service of the Complaint. 3. I consent to the entry of a final Decree of Divorce afl.er service of notice of intention to request entry of the decrees. 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 Pa.C.S. SECTION 4904 RELATING TO UNSWOKN FALSIFICATION TO AUTHORITIES. LAWRENCE M. FAILOR, LAWRENCE M. FAILOR, JR., Plaintiff VS. PENNY S. FAILOR, Defendant, : IN THE COURT OF COMMON PI.I=AS OF : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW : NO. 01-807 CIVIL TERM : IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REOUEST ENTRY OF A DIVORCE DECREE UNDER SECTION 3301(c.} OF THE DIVORCE CODE 1. 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 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 this affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904 relating to unswom falsification to authorities. DATE: · FAILOR, LAWRENCE M. FAILOR, ~R., Plaintiff VS. PENNY S. FAILOR, Defendant, : IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 01-807 CIVIL TERM IN DIVORCE AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed on February 9, 2001. 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety (90) days have elapsed from the date of the filing and service of the Complaint. 3. I consent to the entry of a final Decree of Divorce at, er service of notice of intention to request entry of the decrees. 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 Pa.C.S. SECTION 4904 RELATING TO UNSWORN FALSIFICATION TO AUTHORITIES. PEN~r S~.M~LOR LAWRENCE M. FA[LOlL JR., Plaintiff VS. PENNY S. FAILOR, Defendant, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 01-807 CIVIL TERM IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REOUEST ENTRY OF A DIVORCE DECREE UNDER SECTION 3301(c.) OF THE DIVORCE CODE 1. I consent to the entry ora final decree k'~ divorce without notice. 2. I understand that I may lose fights 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 this affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904 relating to unsworn falsification to authorities. DATE: LAWRENCE M. FAILOR, JR., Plaintiff PENNY S. FAILOR, 1N THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 01-807 CIVIL TERM Defendant IN DIVORCE AFFIDAVIT OF SERVICE AND NOW, this 22nd day of February, 2001, comes Bradley L. Griffie, Esquire, Attorney for Plaintiff, and states a true and attested copy of a Complaint in Divorce was sent to the Defendant, Penny S. Failor, at 1946A Fry Loop Road, Carlisle, Pennsylvania, by certified mail, restricted delivery, return receipt requested. A copy of said receipt is attached hereto indicating that service was made on February 16, 2001. ~re ES 200 North Hanover Street Carlisle, PA 17013 (717) 243-5551 (800) 347-5552 Sworn and subscribed beforg~m~ this ~ day °f , '~/~f/'~.l~i ~,d~, 2001 NOTARY:31rtJBLIC · Complete Items 1, 2. end 3: Also complete item 4 if Restricted Delivery is desired. ~) ~/ so that we can return the card to you, - C. Sign~r~ · Attach this card to the back of the mailpiece, X ~ ~ -- · --L~ J¢ - ~[J~Agent or on the front if space permits. -~i' ~,~ 7 (..~[4/l, _~'Addressee D. Is delivery ad,ss different from item 1 ? [] Yes 1. A~ticle Addressed to: If YES, enter delivery address below: /-~ NO P~ Fo~n 381 1, July 1999 3.~n ce Type ertified Mail [] Express Mail egistered [] R(Aurn Receipt for Merchandise sured Mail C~ C.O.D. 4. Restrictec[ Delivery? (Extra Fee) /~Yes IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION I,AW Plaintiff vs. Defendant File No. ~_'_~>O-1 C~iVi~-- IN DIVORCE NOTICE TO RESUME PRIOR SURNAME Notice is hereby given that the Plaintiff/Defendant in the above matter, having been granted a Final Decree in Divorce on the ~_ day of ~Uffl0. _, ~C(~_, hereby elects to resume the prior surname of ~l_~l~f~C and gives this written notice purs~nt to the provisions of 54 P.S. § 704. Signa[2dre of name~tbeing resumed COMMONWEALTH OF PENNSYLVANIA: : SS. COUNTY OF CUMBERLAND : On the ~ day of ~ , ~.~/ , before me, a Notary Public, personally appeare~ the above affiant known to me to be the person whose name is subscribed to the wilhin document and acknowledged that he/she executed the foregoing for the purpose therein contained. In Wi tne~;s Whereof, I have~eunto set my hand and official seal. ~TARIAL S~ ...... Notar DA~ M. SH~HART, N~ P~ SEPARATION AND PROPERTY SETTLEMENT AGREEMENT THIS A G_REEMENT, made this ~59 ~N day of CL~-~ l__ ,200 l, by and between LAIJ/R_ENCE ~I. FAILOR, JR., of 604 Copper Circle, Carlisle, Cumberland County, Pennsylvania, party oft. he first part, hereinafter referred to as "Husband", A:¥D PENNY S. FAILOR, of i946A Fry Loop, Carlisle, Camberland 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 Augq. tst 14, 1983 in Carlisle, Cumberland County, Pennsylvania. 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, and to finally and for ali time to settle and determine their respective property and other rights ~owing out of their marital relations; and wish to enter into this Separation and Property Settlement Agreement; WHEREAS, both and each of the parties hereto have had the opportunity to be advised of their legal rights and the implications of this A~eement and the legal consequences which may and will ensue from the execution hereof; WHEREAS, Wife acknowledges that she has had the opportunity to be thoroughly conversant with and know accurately the size, degree, and extent of the estate and income of Husband and Husband acknowledges that he has had the opportunity to be thoroughly conversant with and know accurately the size, degree, and extent of the estate and income of Wife; and NOW, THEREFORE, in consideration of the premises and 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, covenants and agree as follows: Advise q£ Counsel: The parties acknowiedge that they have had the opportunity to review the provisions of this Agreement and further have had the opportunity to secure legal counsel and advice relative to the legal effect of this Agreement. The parties acknowledge that they have either received independent legal advice from counsel of their own selection or that they have specifically chosen with full knowledge and on their on volition, to not seek legal advice relative to this Agreement. They further acknowledge that they fully understand the facts that are the basis of this Agreement. They acknowledge and accept that this Agreement is being entered into freely and voluntarily after having the oppommity to receive legal advice and with the knowledge that execution of this Agreement is not the result of any duress or undue influence, and further that it is not the result of any collusion or improper or illegal agreement or agreements. Warrant. 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 this Agreement berween the parties is based upon this disclosure. 2 .. Personal Rights and Separation: Wife and Husband may and shall , at all times hereafter, live separate and part. 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, nor malign each other or the respective families of each other nor compel or attempt to compel the other to cohabit nor dwell by any means or in any manner whatsoever with him or her. 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 party of the other party which may have occasioned the disputes or unhappy differences which have occurred prior to or which may occur subsequent to the dare hereof. The parties intend to secure a mutual consent, no-fault divorce pursuant to the terms of §3301(c) of the Divorce Code of 1980. A~reement 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 part/es for all time. Date of£xecz~tion: 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 pare/last executing this Agreement. 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 hereinafter Wife agrees that ali 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. Marital Debt: Husband shall be solely and exclusively responsible for repayment of any balance due on his MasterCard and Sears credit card accounts. Wife shall be responsible for repayment of the parties' loan due and owing to Beneficial Finance 4 10. Consumer Discount Company. In addition, each party shall be responsible for any and all additional debts they have incurred in their name alone or which presently exist in their name alone from this time forward. Each party shall indemnify the other and hold them harmless from and against any and all demands for payment or collection activity of any nature whatsoever relative to the aforesaid loans or debts which they have each assumed herein. Both parties specifically acknowledge that the agreement on each parties' part to take various debt is an integral part of this Agreement, such that if either party would file a bankruptcy proceeding, thereby discharging the debts they have agreed to assume in this Agreement, the other party shall have the right to request the Court of Common Pleas of Cumberland County to review this Agreement, which shall be incorporated in the parties' Decree in Divome, to determine whether a modification of the other portions of this Agreement, relative to the distr/bution of the property debts and [labilities should be modified to reflect the bankrupt party's release, from financial obligations otherwise contained herein. Bank Accounts: For the mutual promises and covenants contained in this Agreement, Husband and Wife hereby waive ali fight, title, claim or interest they may have by equitable distribution in their respective bank accounts, checking or savings, if any, and each party waives against the other any duty of accounting for disposition of any jointly held funds. .4fret-Acquired Personal ProperS.': Each of the parties shall hereafter own and enjoy, 5 independently of any claim or right of the other, all items of personal property., tangible or intangible, hereafter acquired by him or her, ~vith full power, in him or her to dispose of the same as fully and effectively, in ail respects and for all purposes, as though he or she were unmarried. 3,[otor P'ehicles: Husband conveys any and all right, title and interest he may have in and to a certain 1996 Ford Taurus, presently in Wife's possession. This vehicle shall become Wife's sole and exclusive possession and she shall be responsible for any and all encumbrances or liability of any nature on the aforesaid vehicle, incIuding but not limited to a loan presently believed to be due and owing to Superior Bank, wlxich loan is a lien on said vehicle. Husband shall execute any and ail necessary documents to waive, relinquish and transfer any and all right title and interest he has in the aforesaid vehicle within fifteen (15) days of the request by Wife. Wife shall refinance this loan in her name alone within sixty (60) days of signing this A~eement. Wife conveys any and all right title and interest she may have in and to a certain 1997 Ford F-150 Extended Cab, presently in Wife's possession. This vehicle shall become Husband's sole and exclusive possession and he shall be responsible for any and all encumbrances or liability of any nature on the aforesaid vehicle, including but not Iimited to a loan presently believed to be due and owing to Community Bank, which loan is the lien on said vehicle. Wife shall execute any and all necessary documents to waive, relinquish and transfer any and all right title and interest he has in the aforesaid vehicle within fifteen (15) days of the request by Husband. Husband shall 6 2, 13. 14. refinance this loan in his name alone within sixty (60) days of si~ing this Ageement. Reciprocal Waivers of Pension Interests: Husband and Wife agee to waive any and all right, title, or interest in the other party's Individual Retirement Account(s), Pension(s), Annuities or other retirement accounts, Real Estate: The parties are the joint owners of real estate located at 604 Copper Circle, Carlisle, Cumberland County, Pennsylvania, wttich real estate is encumbered with a mortgage due and owing to Wife shall execute a general warranty, fee simple deed conveying all of her right, title, and interest in the aforesaid real estate to Husband within fi~een (15) days of being requested to do so. Husband shall be solely and exclusively responsible for the repayment of the mortgage due and owing to and shall indemnify Wife and hold her harmless from and against any and all demands for payment or collection activity of any nature whatsoever from the date of this Agreement forward. In addition, the parties are obligated on a certain second mortgage, which is due and owing to Beneficial Finance Consumer Discount Company, for which Husband shall likewise assume responsibility for repayment. Husband shall indemnify Wife and hold her harmless from and against any and ali demands for payment or collection activity of any nature whatsoever relative to the atbresaid second mortgage from this date forward. f'Varranrv, as to Post Separation and,Future Obligations: Husband and Wife each covenant, warrant, represent and a~ee that each will now and at all times hereafter 7 15. save harmless and keep the other party indemnified from all debts, charges and liabilities incurred by the Husband or Wife, respectively. f'Vaiver q£Support: Husband hereby waives all right to claim against Wife support, alimony, alimony pendente lite. counsel fees and expenses. Wife hereby waives ali right to claim against Husband support, alimony, alimony pendente lite, counsel fees and expenses. Mutual Releases: 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 cur~esy 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 8 17. I$. 19. lite, counsel fees, costs or. expenses, whether arising as a result of the marital relation or otherwise, except and only except, all fights 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, or mixed, which the other nov, owns or may hereafter acquire, except and only except, all fights and agreements and obligations of whatsoever nature arising or which may ar/se under this Agreement or for the breach of any thereof. Divorce: Husband has initiated a Complaint in Divorce pursuant to §3301(c) of the Divorce Code, which section provides or a no-fault or consent divorce. Said Complaint was served upon Wife on February 16, 2001. Approximately ninety, (90) days from that date, the parties will execute an A£t2davit of Consent and a Waiver of Notice of Intention to Request the Entry of a Decree in Divorce as required by the Divorce Code in order to allow Husband to finalize the parties' divorce as a no-fault or consent divorce. Lq. gal Fees: In the review and preparation of this A~eement each party shall bear his or her own legal fees. Remedy for ~reach: If either party breaches any provision of this Agreement, the other party shall have the fi_*_ht, at his or her election, either to sue for damages for such breach, in which event the breaching parry shall be responsible for payment of legal fees and costs incurred by the other in enforcing their fights hereunder, whether 20. 21. through tbrmal court action or negotiations, or to seek such other remedies or retief as may be available to him or her. Eqmtable Distributiort: [t is specifically understood and agreed that this Agreement constitutes and 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 April 2, 1980 (P.L. No. 63, No. 26) known as "The Divorce Code," 23 P.S. I01 et seq. of the Commonwealth of Pennsylvania, and as amended. 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 the said parties' rights against the other for any past, present and future clams on account of support, maintenance, alimony, alimony pendente lite, counsel tees, 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. Tar Consequences: By this Agreement, the parties have intended to effectuate and by this Agreement have equally divided their marital property. The parties have determined that such equal division conforms to a right and just standard ~t ith regard to the rights of each party. The division of existing marital proper'q/is no. except as may be otherwise expressly provided herein, intended by the parties to institute or constitute in any way a sale or exchange of assets and the division is being effected 10 23. 24. 25. without the introduction of outside funds or other property, not constituting a party of the marital estate. Mutual Cooperation/Duty to ~'£ectuate .4greemen~: Each part?.' shall at any time and from time to time hereafter, take any and ali steps and execute, ackno~ledge and deliver to the other party any and all further instruments and:or documems that the other party may reasonably require for the purpose of giving full force and effect to the provisions of this Agreement. Reconciliation: The parties shall only effectuate 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 consurrmaated by the aforesaid agreement, shall not affect in any way the legal affect of this agreement or cause any new marital rights or obligations to accrue. Severabili.rv: if any term, condition, clause or provision of this Agreement shall be determined or dec[amd to be void or invalid in law or otherwise, then only that term condition, ctause 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. Likewise, the failure of any parry to meet her or his obligations under any one or more of the paragraphs herein, with exception of the satisfaction of the conditions precedent, shall in no way void or alter the remaining obligations of the parries. 11 26. 27. 28. 29. ,Vo Waiver o£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 parry hereafter to enforce the same, nor shall the ~vaiver 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. 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 sig'nificance as a written contract separate from such judgment for divorce and may be enforced as an independent contract. 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. Any and ali notices given hereunder shall be in writing and shall be sent registered mail, return receipt requested: To Husband at: 604 Copper Circle. Carlisle. PA 17013 To Wife at: 1946A Frv Loop Road, Carlisle, PA I70[3 12 30. 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 x~ aiver of an? subsequent det'ault of the same or similar nature. 31. Ca.ot[ons: The captions of this Agreement are inserted onI? as a matter of convenience and for reference and in no wav defied, limit or describe the scope and intent of this Agreement, nor in any way effect this Agreement. 32. .4.greement Binding on Heirs: This Agreement shall be binding and shall inure to the benefit of the parties hereto and their respective heirs, executor, administrators, successors and assigns. 33. Governing Law: This Agreements shall be construed in accordance with the laws of the Commonwealth ot'Pennsyb/ania. [N WITNESS WHEREOF, the parties have set forth their hands and seals to two counterparts of this Agreement, each of which shall constitute an original, the day and year first above written. WITNESSES: cfl/;DatM / 6 i Date LAWRENCE .'VI'. FAILOR. 13 COMMONWEALTH OF PENNSYLVANIA COU-%'TY OF ( 6't ~ ~74./~.(_5 l ~"Le. ( : On this'20.~a? o~ ~r,/ . :00:, before me. the ,,nders,gned ofticer, personally appeared LAWRENCE M. FAILOR, .IR.. known to me (or satisfactory pro,,en) to be the person whose name is subscribed to the within Agreement and acknowledged that he executed the same tbr the purpose therein contained. iN WITNESS WHEREOF, f hereunto set my hand and official seal. tary PubliO-'' w I COMMONWEALTH OF PENNSYLVANIA COUNTY OF ~..,k., ~'\ On this ,-?X3~--~fl day of c~kr{~g.~'k. , 2001, before me, the undersi=~ned officer, personally appeared PENNYS. FAILOR, known to me (or satisfactory, proven) to be the person ,,,,hose name is subscribed to the within Agreement and acknowledged that she executed the same for the purpose therein contained. iN WITNESS WHEREOF, I hereunto set my hand and official seal. Notar~ Public NOTARIAL SEAL JUDITH ANN VALEF/TINE, Notary Public Cadisle, Cumberland County 14 My Commission Expires Nov. 12, 2002 LAWRS~CE M. FAILOR, JR., Plaintiff VS. PENNY S. FAILOR, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION NO. 01-807 CIVILTERM PRAECIPE TO TRANSMIT RECORD To the Prothonotary: Transmit the record, together with the following information to the court for entry of a divorce decree: 1. Ground for divorce: Irretrievable breakdown under §3301(c) ~ of the Divorce Code. (Strike out inapplicable section). 2. Date and manner of service of the complaint: Februa_r7 16, 2001 by cez~cfied mil, restricted delivery 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 Hay 23, 2001 ; by defendant Hay 23, 2001 (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 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: Hay 30, 2001 Date defendant's Waiver of Notice in §3301 (c) Divorce was flied with the Prothonotary: J~tne 20, 2001 Bradle~ff / ~ IN THE COURT OF COMMON PLEAS LAWRENCE M. FAILOR, JR., Pla i ntt ff OF CUMBERLAND COUNTY STATE OF ~~ PENNA. N O. 01-807 CIVIL VERSUS P~N/gY S. FAILOR, Defendant DECREE 1N DIVORCE , 2001 , IT IS ORDERED AND DECREED THAT Lawrence M. Fai]or, Jr. AND Penny S. Failor , PLAI NT~ FF, · DEFENDANT, ARE DIVORCED FROM THE BONDS OF MATRIMONY. THE COURT RETAINS JURISDICTION OF THE FOLLOWING CLAIMS WHICH HAVE BEEN RAISED OF RECORD IN THIS ACTION FOR WHICH A FINAL ORDER HAS NOT YET BEEN ENTERED; The parties' Separation and ProDert¥ Settlement Aqreement, dated April 30, 2001, is incorporated herein, but not merged.