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HomeMy WebLinkAbout04-3523 v. : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNA : NO. 04 - .JS;(3 C;U~C /~ ANGELA M. MARQUART, Plaintiff TERRANCE H. MARQUART, JR., Defendant : CNIL ACTION - LAW : IN DIVORCE NOTICE You have been sued in Court. If you wish to defend against the claims set forth in the following papers, you must take prompt action. You are warned that if you fail to do so, the case may proceed without you and a Decree in Divorce or annulment may be entered against you by the Court. A judgment may also be entered against you for any other claim or relief requested in these papers by the Plaintiff. You may lose money or property or other rights important to you, including custody or visitation of your children. When the ground for the divorce is indignities or irretrievable breakdown of the marriage, you may request marriage counseling. A list of marriage counselors is available in the Office of the Prothonotary at the Cumberland County Court House, One Courthouse Square, Carlisle, Pennsylvania. IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY, LAWYER'S FEES OR EXPENSES BEFORE A DIVORCE OR ANNULMENT IS GRANTED, YOU MAY LOSE THE RIGHT TO CLAIM ANY OF THEM. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 32 South Bedford Street Carlisle, Pennsylvania 17013 Phone: (717) 249-3166 ANGELA M. MARQUART, Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNA v. : NO. TERRANCE H. MARQUART, JR., Defendant : CNlL ACTION - LAW : IN DNORCE NOTICE OF AVAILABILITY OF COUNSELING To the Within Named Defendant: You have been named as the Defendant in a divorce proceeding filed in the Court of Common Pleas of Cumberland County. This notice is to advise you that in accordance with Section 3302( d) of the Divorce Code, you may request that the Court require you and your spouse to attend marriage counseling prior to a divorce decree being handed down by the Court. A list of professional marriage counselors is available at the Office of the Prothonotary, One Courthouse Square, Carlisle, Pennsylvania. You are advised that this list is kept as a convenience to you and you are not bound to choose a counselor from this list. All necessary arrangements and the cost of counseling sessions are to be borne by you and your spouse. If you desire to pursue counseling, you must make your request for counseling within twenty (20) days ofthe date on which you receive this notice. Failure to do so will constitute a waiver of your right to request counseling. Prothonotary v. : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNA : NO. 04- 3S'..6J ~LUiL~~ ANGELA M. MARQUART, Plaintiff TERRANCE H. MARQUART, JR., Defendant : CIVIL ACTION - LAW : IN DIVORCE COMPLAINT UNDER SECTION 3301 OF THE DIVORCE CODE 1. Plaintiff is Angela M. Marquart, who currently resides at 1901 Dickinson Avenue, Camp Hill, Cumberland County, Pennsylvania 170 II. 2. Defendant is Terrance H. Marquart, Jr., who currently resides at 7C Pennsylvania A venue, Camp Hill, Cumberland County, Pennsylvania 170 I I. 3. Plaintiff and Defendant have been bona fide residents in the Commonwealth for at least six months immediately previous to the filing of this Complaint. 4. Plaintiff and Defendant were married on August 21, 1993, in Mechanicsburg, Pennsylvania. 5. There have been no prior actions for divorce or annulment between the parties. 6. The Plaintiff is a citizen of the United States of America. 7. The Defendant is not a member of the Armed Services of the United States of America or its Allies. 8. The marriage is irretrievably broken. 9. The PJaintiffhas been advised of the availability of counseling and that the Plaintiff may have the right to request that the Court require the parties to participate in counseling. The parties to this action have been separated since June 24, 2004. 10. Plaintiffrequests the Court to enter a Decree in Divorce. WHEREFORE, the Plaintiff requests the Court to enter a Decree in divorce dissolving the marriage between the Plaintiff and Defendant. JAMES, SMITH, DIETTERRICK & CONNELLY Date 1-/& -01 By: Jo ~ 0 y r PI . tiff Post Office Box 650 Hershey, P A 17033 (717) 533-3280 PA I.D. No. 15615 ~ VERIFICATION I verifY that the statements made in this Pleading are true and correct. I understand that false statements herein are made subject to the penalties of I 8 Pa.C.S. Section 4904 relating to unsworn falsification to authorities. Date: / - / & -01- l~l mrnmrfJa1k 70 ~ ~ ~ ~ ~ c;; ~ ~. ().J ~ v ~ ~ <:.J ~ - r- ~ -l:' " ~.,.) .. <: --.~ ~ 1,') " i -( 1 " " Ci ANGELA M. MARQUART., PLAINTIFF : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA v. : NO. 04 - 3523 CIVIL TERM TERRANCE H. MARQUART, JR., DEFENDANT : CIVIL ACTION - LAW : IN DIVORCE AFFIDAVIT OF SERVICE COMMONWEALTH OF PENNSYLVANIA COUNTY OF DAUPHIN : ss. AND NOW, this 29th day of July, 2004, personally appeared before me, a Notary Public in and for the State and County aforementioned, John J. Connelly, Jr., Esquire, who, being duly sworn according to law, deposes and says that a copy of the Divorce Complaint was served on the Defendant, Terrance H. Marquart, Jr., on July 26, 2004, by certified mail number 7002 0860 0004 21420174, as evidenced by the retum receipt card attached hereto and made a part hereof. Sworn to and subscribed before me this .1 q kl- daYOf~jJI., ,2004. a COMMONWEALTH OF PENNSYLVANIA NOlana! Seal Jean L. Kosier. Notary Public DeJTy Twp.. Dauphin County My Conunission Expi... Mar. 3, 2008 _. PeM_n18 A_ 01__ 3. 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Udl'fJuuL TI Defendant File No. j} 1/- g 5 eX 3 IN DIVORCE NOTICE TO RESUME PRIOR SURNAME Notice is hereby given that the Plaintiff / defendant in the above matter, (select one by marking "x"] _ prior to the entry of a Final Decree in Divorce, / I or V' after the entry of a Final Decree in Divorce dated i / J ~ ! Y , hereby elects to resume the prior surname of ~ ill. bitll242 I, ~ gives this written notice avowing his / her intention pursu~ to the rovisions of 54 P.S. Date: I zJ 2/ 0 i I. IL, 11 of) UJJ ' ;J-,~-; ~ of name being resumed COMMONWEALTij OF PENNSYLVANIA ) COUNTYOI(}VV1~ l(J.}hd On the ~ VIi) day of b.e. Q. -e.1YI b.er , 200 J}, before me, the Prothonotary or the notary public, personally appeared the above affiant known to me to be the person whose name is subscribed to the within document and acknowledged that he / she executed the foregoing for the purpose therein contained. In Witness Whereof, I have hereunto set my hand hereunto set my hand and official seal. NOTARIAL SEAL JODY S. SMITH, NOTARY PUBLIC Carlisle Bora, Cumberland County My CommissIon Expires April 4, 2005 v~ S .SVVi~ Prothonotary or Notary Public c "" ) C', =:> 0 c-= "':,~ P" ..l..- -n ,.1 ' a .-{ --:b -J Pl :1:: :D (J rn r-- (d ~, c, I ::;::!rr1 N ."..;cr '~~o ~ ." :~ :f-{ ~: ,,":?'') N :~:i?n '';: 4 2:' -( .r- ~(i ~ f') *< \ ~ 'J -.t\ ~ ~ }..I ~ \ NUUUTALSETTLEMENTAGREEMENT BY AND BETWEEN TERRANCE H. MARQUART, JR. AND r- I ANGELA M. MARQUART John J. Connelly, Jr., Esquire JAMES, SMITH, DIETTERlCK & CONNELLY LLP P.O. Box 650 Hershey, PA 17033 Telephone: (717) 533-3280 Counsel for Angela M. Marquart ,"", 1"'-) C) -,'I :-) I ,,~ ",,",-- ',":";:; ../;';" MARITAL SETTLEMENT AGREEMENT /, THIS AGREEMENT, made thi~ day of ~ between TERRANCE H. MARQUART, JR, of Cumber i d County, ANGELA M. MARQUART, of Cumberland County, Pennsylvania. WITNESSETH: , 2004 by and Pennsylvania, and WHEREAS, Terrance H. Marquart, Jr. (hereinafter called "Husband") currently resides at 7C Pennsylvania Avenue, Camp Hill, Cumberland County, Pennsylvania 17011; WHEREAS, Angela M. Marquart (hereinafter called "Wife") currently resides at 1901 Dickinson Avenue, Camp Hill, Cumberland County Pennsylvania 17011; WHEREAS, the parties hereto are husband and wife, having been lawful1y married on August 21,1993; WHEREAS, the parties have lived separate and apart since on or about June 24, 2004; WHEREAS, one child was born of the marriage between the parties, namely, Nicholas F. Marquart, born May 11, 1996; WHEREAS, the parties hereto are desirous of settling fully and finally their respective financial and property rights and obligations as between each other, including, without limitation, the settling of all matters between them relating to the ownership of real and personal property, the support and maintenance of one another and, in general, the settling of any and all claims and possible claims by one against the other or against their respective estates. NOW THEREFORE, in consideration of these premises, and of the mutual promises, covenants and undertakings hereinafter set forth, and for other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged by each of the parties hereto, Husband and Wife, each intending to be legally bound hereby, covenant and agree as follows: 1. PERSONAL RIGHTS. Husband and Wife may, at all times hereafter, live separate and apart. Each shall be free from all control, restraint, interference and authority, direct or indirect by the other. Each may reside at such place or places as he or she may select. Each may, for his or her separate use or benefit, conduct, carry on or engage in any business, occupation, 1 for his or her separate use or benefit, conduct, cany on or engage in any business, occupation, profession or employment which to him or her may seem advisable. Husband and Wife shall not molest, harass, disturb or malign each other, nor compel or attempt to compel the other to cohabit or dwell by any means or in any manner whatsoever with him or her. Neither party will interfere with the use, ownership, enjoyment or disposition of any property now owned by or hereafter acquired by the other. 2. ADVICE OF COUNSEL. Each party acknowledges that he or she has had the opportunity to receive independent legal advice from counsel of his or her selection. Wife has secured legal advice from John J. Connelly, Jr., Esquire, her counsel and Husband is unrepresented by counseL Each party fully understands the facts and his or her legal rights and obligations, and each party acknowledges and accepts that this Agreement is, in the circumstances, fair and equitable, and that it is being entered into freely and voluntarily, 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 improper or illegal agreement or agreements. In addition, each party understands the impact of the Pennsylvania Divorce Code, whereby the court has the right and duty to determine all marital rights of the parties including divorce, alimony, alimony pendente lite, equitable distribution of all marital property or property owned or possessed individually by the other, counsel fees and costs of litigation and, fully knowing the same, each party hereto still desires to execute this Agreement acknowledging that the tenus and conditions set forth herein are fair, just and equitable to each of the parties, and waives his and her respective right to have the Court of Common Pleas of Cumberland County, or any other court of competent jurisdiction, make any detenuination or order affecting the respective parties' rights to alimony, alimony pendente lite, support and maintenance, equitable distribution, counsel fees and costs oflitigation. 3. DISCLOSURE OF ASSETS. Each of the parties hereto acknowledges that he or she is aware of his or her right to seek discovery including, but not limited to, written interrogatories, motions for production of documents, the taking or oral depositions, the filing of inventories and all other means of discovery penuitted under the Pennsylvania Divorce Code or the Pennsylvania Rules of Civil Procedure. Each ofthe parties further acknowledges that he or she has 2 had the opportunity to discuss with counsel the concept of marital property under Pennsylvania law and each is aware of his or her right to have the real and/or personal property, estate and assets, earnings and income of the other assessed or evaluated by the courts of this Commonwealth or any other court of competent jurisdiction. The parties do hereby acknowledge that there has been full and fair disclosure to the other of his or her respective income, assets and liabilities, whether such are held jointly, in the name of one party alone or in the name of one of the parties and another individual or individuals. Each party agrees that any right to further disclosure, valuation, appraisal or enmneration or statement thereof in this Agreement is hereby specifically waived, and the parties do not wish to make or append hereto any further enmneration or statement. SpecificaJly, each party waives the need for copies of bank statements, insurance policies, retirement plan statements or any other docmnentation. Each party warrants that he or she is not aware of any marital asset which is not identified in this Agreement. The parties hereby acknowledge and agree that the division of assets as set forth in this Agreement is fair, reasonable and equitable, and is satisfactory to them. Each of the parties hereto further covenants and agrees for himself and herself and his or her heirs, executors, administrators or assigns, that he or she wiJl never at any time hereafter sue the other party or his or her heirs, executors, administrators or assigns in any action of contention, direct or indirect, and allege therein that there was a denial of any rights to full disclosure, or that there was any fraud, duress, undue influence or that there was a failure to have available fuJI, proper and independent representation by legal counsel. 4. MUTUAL CONSENT DIVORCE. It is the intention of the parties, and the parties agree, that by this Agreement they have resolved aJl ancillary economic issues related to the dissolution of their marriage and thus any divorce action with respect to these parties shall be limited to a claim for divorce only. Wife has filed a Divorce Complaint indexed to nmnber 04- 3523 Civil Term in the Court of Common Pleas Cumberland County, Pennsylvania. The parties agree that, at the end of the statutory waiting period, they will each execute an Affidavit of Consent and Waiver of Notice of Intention to Request Entry of Divorce Decree in order that counsel for Wife may finalize the divorce action in a timely fashion. Upon completion of the divorce action, 3 counsel for Wife shall supply Husband with a copy of the Decree. 5. EQUITABLE DISTRIBUTION. A. Real Estate The parties are the owners of real estate located at 190 I Dickinson Avenue, Camp Hill, Pennsylvania, 170 II. Husband agrees he will transfer all right, title and interest to Wife upon the presentation of a deed. There is currently existing against the marital residence a mortgage to Washington Mutual in the amount of approximately $111,000.00 and a home equity loan with Legacy Bank in the amount of approximately $25,000.00. Wife agrees that she will immediately apply to refinance the marital residence and pending the completion of the refinancing, will indemnifY and hold Husband harmless on the above-referenced obligations. B. Furnishinl!:s and Personalty. The parties agree that they have divided by agreement between themselves all furnishings and personalty located in the Marital Residence, including all furniture, furnishings, antiques, jewelry, rugs, carpets, household appliances and equipment. Accordingly, Husband shall retain sole and exclusive ownership of all furnishings and personalty currently in his possession, free and clear of any right, title, claim and/or interest of Wife and Wife shall retain all items of furnishings and personal property currently in her possession as her sole and separate property free and clear of any right, title, claim and/or interest of Husband. C. Motor Vehicles. (l) Husband shall retain as his sole and separate property, the 1997 Ford Ranger Pick Up presently titled in Husband's name individually. The said vehicle is free and clear of any liens and encumbrances. (2) Wife shall retain as her sole and separate property, ownership of the jointly titled 2004 Honda Element and will assume sole responsibility for the debt on the said vehicle to Honda Credit Corporation. If possible, Wife will have Husband's name removed from the said obligation, but in any event, will indemnifY and hold Husband harmless on the said debt. Upon presentation, Husband will promptly execute any documents necessary to transfer title to the Honda to Wife individually. In the event that title cannot be transferred until the completion of the payment of the loan, Husband agrees that this paragraph authorizes Wife to sign Husband's 4 name to the title transferring it to Wife individually at the completion of the payment of the loan. The parties will attempt to transfer the title to Wife's name individually prior to the completion of the loan by contacting Honda Credit Corporation. Wife shall be responsible for all expenses relating to the said vehicle including registration and insurance. (3) To the extent necessary, each party will sign any documents necessary submitted to them to effectuate the provisions of this paragraph. D. Business. Husband shall retain as his sole and separate property his interest in Marquart's HV AC including, but not limited to, vehicles, equipment and tools. Husband shall be solely responsible for an SBA loan in his name individually. E. Insurance Policies. Each party shall retain the cash value proceeds from their individual life insurance policies with Equitable of Iowa Life. Each party shall be responsible for the tax consequence on their own policies generated by the cashing of those policies. F. Retirement Accounts and Investment Accounts. The parties are the owners of the following accounts either individually or jointly: 1. Joint Oppenheimer Fund with a balance of approximately $503.00 which Wife shall retain. 2. MFS Roth IRA in Husband's name with a balance of approximately $2,200.00. 3. MFS Roth IRA in Wife's name with a balance of approximately $730.00. Wife shall retain the Oppenheimer account. Husband has paid to Wife, from his Roth IRA, an amount which equally distributed the value in the three (3) accounts set forth above. G. Miscellaneous Property. As of the execution date of this Agreement, any and all property not specifically addressed herein shall be owned by the party to whom the property is titled; and if untitled, the party in possession. This Agreement shall constitute a sufficient bill of sale to evidence the transfer of any and all rights in such property from each to the other. 5 H. Property to Wife. The parties agree that Wife shall own, possess, and enjoy, free from any claim of husband, the property awarded to her by the terms of this Agreement. Husband hereby quitclaims, assigns and conveys to Wife all such property, and waives and relinquishes any and all rights thereto, together with any insurance policies covering that property, and any escrow accounts relating to that property. This Agreement shall constitute a sufficient bill of sale to evidence the transfer of any and all rights in such property from Husband to Wife. 1. Property to Husband. The parties agree that Husband shall own, possess, and enjoy, free from any claim of Wife, the property awarded to him by the terms of this Agreement. Wife hereby quitclaims, assigns and conveys to Husband all such property, and waives and relinquishes any and all rights thereto, together with any insurance policies covering that property, and any escrow accounts relating to that property. This Agreement shall constitute a sufficient bill of sale to evidence the transfer of any and all rights in such property from Wife to Husband. J. Marital Debt. With the exception of the home mortgage, home equity loan and the balance due on the Honda Credit Corporation debt, Husband shall assume responsibility for the remaining marital debts which include the following: 1. PNC Mastercard with a July 2004 balance of$I,019.55; 2. Beneficial Finance with a July 2004 balance of $862.00; and 3. Home Depot with a July 2004 balance of$1,270.00. Husband has canceled the above-referenced credit card and has secured a line of credit through Legacy Bank which has paid the aforementioned debts in full. K. Liability not Listed. Each party represents and warrants to the other that he or she has not incurred any debt, obligation or other liability, other than those described in this Agreement, on which the other party is or may be liable. A liability not disclosed in this Agreement will be the sole responsibility of the party who has incurred or may hereafter incur it, and such party agrees to pay it as the same shall become due, and to indemnifY and hold the other party and his or her property harmless from any and all debts, obligations and liabilities. 6 L. Indemnification of Wife. If any claim, action or proceeding is hereafter initiated seeking to hold Wife liable for the debts or obligations assumed by Husband under this Agreement, Husband will, at his sole expense, defend Wife against any such claim, action or proceeding, whether or not well-founded, and indemnifY her and her property against any damages or loss resulting therefrom, including, but not limited to, costs of court and actual attorney's fees incurred by Wife in connection therewith. M. Indemnification of Husband. If any claim, action or proceeding is hereafter initiated seeking to hold Husband liable for the debts or obligations assumed by Wife under this Agreement, Wife will, at her sole expense, defend Husband against any such claim, action or proceeding, whether or not well-founded, and indemnifY him and his property against any damages or loss resulting therefrom, including, but not limited to costs of court and actual attorney's fees incurred by Husband in connection therewith. N. Warranty as to Future Oblieations. Husband and Wife each represents and warrants to the other that he or she will not at any time in the future incur or contract any debt, charge or liability for which the other, the other's legal representatives, property or estate may be responsible. From the date of execution of this Agreement, each party shall use only those credit cards and accounts for which that party is individually liable and the parties agree to cooperate in closing any remaining accounts which provide for joint liability. Each party hereby agrees to indemnifY, save and hold the other and his or her property hannless from any liability, loss, cost or expense whatsoever, including actual attorneys fees, incurred in the event of breach hereof. 6. INCOME TAX. The parties have heretofore filed joint federal and state tax returns. Both parties agree that, in the event any deficiency in federal, state or local income tax is proposed or any assessment of any such tax is made against either of them, each will indemnifY and hold harmless the other from and against any loss or liability for any such tax deficiency or assessment and any interest, penalty and expense incurred in connection therewith. Such tax, interest, penalty or expense shall be paid solely and entirely by the individual who is finally determined to be the cause of the misrepresentations or failures to disclose the nature and extent of his or her separate income on the aforesaid joint returns. 7 7. WAIVER OF INHERITANCE RIGHTS. Unless otherwise specifically provided in this Agreement, as of the execution date of this Agreement, Husband and Wife each waives all rights of inheritance in the estate of the other, any right to elect to take against the will or any trust of the other or in which the other has an interest, and each of the parties waives any additional rights which said party has or may have by reason of their marriage, except the rights saved or created by the tenus of this Agreement. This waiver shall be construed generally and shall include, but not be limited to, a waiver of all rights provided under the laws of Pennsylvania, or any other jurisdiction. 8. WAIVER OF BENEFICIARY DESIGNATION. Unless otherwise specifically set forth in this Agreement, each party hereto specifically waives any and all beneficiary rights and any and all rights as a surviving spouse in and to any asset, benefit or like program canying a beneficiary designation which belongs to the other party under the tenus of this Agreement, including, but not limited to, pensions and retirement plans of any sort or nature, deferred compensation plans, life insurance policies, annuities, stock accounts, bank accounts, final pay checks or any other post -death distribution scheme, and each party expressly states that it is his and her intention to revoke by the terms of this Agreement any beneficiary designations naming the other which are in effect as ofthe date of execution of this Agreement. If and in the event the other party continues to be named as beneficiary and no alternate beneficiary is otherwise designated, the beneficiary shall be deemed to be the estate of the deceased party. 9. RELEASE OF CLAIMS. A. Wife and Husband acknowledge and agree that the property dispositions provided for herein constitute an equitable distribution of their assets and liabilities pursuant to g3502 of the Divorce Code, and Wife and Husband hereby waive any right to division of their property except as provided for in this Agreement. Furthenuore, except as otherwise provided for in this Agreement, each of the parties hereby specifically waives, releases, renounces and forever abandons any claim, right, title or interest whatsoever he or she may have in property transferred to the other party pursuant to this Agreement or identified in this Agreement as belonging to the other party, and each party agrees never to assert any claim to said property or 8 proceeds in the future. The parties have divided between them to their mutual satisfaction, personal effects, household goods and furnishings and all other articles of personal property which have heretofore been used in common by them, and neither party will make any claim to any such items which are now in the possession or under the control of the other. Should it become necessary, each party agrees to sign any title or documents necessary to give effect to this paragraph, upon request. However, neither party is released or discharged from any obligation under this Agreement or any instrument or document executed pursuant to this Agreement. Husband and Wife shall hereafter own and enjoy independently of any claim or right of the other, all items of personal property, tangible or intangible, acquired by him or her from the execution date of this Agreement with full power in him or her to dispose ofthe same fully and effectively for all purposes. B. Each party hereby absolutely and unconditionally releases and forever discharges the other and the estate of the other for all purposes from any and all rights and obligations which either party may have or at any time hereafter has for past, present or future support or maintenance, alimony pendente lite, alimony, equitable distribution, counsel fees, costs, expenses, and any other right or obligation, economic or otherwise, whether arising out of the marital relationship or otherwise, including all rights and benefits under the Pennsylvania Divorce Code of 1980, its supplements and amendments, as well as under any other law of any other jurisdiction, except and only except all rights and obligations arising under this Agreement or for the breach of any of its provisions. Neither party shall have any obligation to the other not expressly set forth herein. C. Except as set forth in this Agreement, each patty hereby absolutely at1d unconditionally releases and forever discharges the other and his or her heirs, executors, administrators, assigns, property and estate from any and all rights, claims, demands or obligations arising out of or by virtue of the marital relationship of the parties whether now existing or hereafter arising. The above release shall be effective regardless of whether such claims arise out of any former or future acts, contracts, engagements or liabilities of the other or by way of dower, curtesy, widow's or widower's rights, family exemption or similar allowance, 9 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 Pennsylvania, any state, commonwealth or territory of the United States, or any other country. D. Except for the obligations of the parties contained in this Agreement and such rights as are expressly reserved herein, each party gives to the other by the execution of this Agreement an absolute and unconditional release and discharge from all causes of action, claims, rights or demands whatsoever in law or in equity, which either party ever had or now has against the other. 10. PRESERVATION OF RECORDS. Each party will keep and preserve for a period of four (4) years from the date of their divorce decree all financial records relating to the marital estate, and each party will allow the other party access to those records in the event of tax audits. 11. MODIFICATION. No modification, reSCISSIOn, or amendment to this Agreement shall be effective unless in writing signed by each of the parties hereto. 12. SEVERABILITY. If any provision of this Agreement is held by a court of competent jurisdiction to be void, invalid or unenforceable, the remaining provisions hereof shall nevertheless survive and continue in full force and effect without being impaired or invalidated in any way. 13. BREACH. If either party hereto breaches any provision hereof, the other party shall have the right, at his or her election, to sue for damages for such breach, or seek such other remedies or relief as may be available to him or her. The non-breaching party shall be entitled to recover from the breaching party all costs, expenses and legal fees actually incurred in the enforcement of the rights of the non-breaching party. 14. WAIVER OF BREACH. The waiver by one party of any breach of this Agreement by the other party will not be deemed a waiver of any other breach or any provision of this Agreement. 10 15. NOTICE. Any notice to be given under this Agreement by either party to the other shall be in writing and may be effected by registered or certified mail, return receipt requested. Notice to Husband will be sufficient if made or addressed to the following: Terrance H. Marquart, Jr. 7C Pennsylvania A venue Camp Hill, P A 17011 and to Wife, if made or addressed to the following: Angela M. Marquart 1901 Dickinson Avenue Camp Hill, PA 17011 Notice shall be deemed to have occurred upon the date received by the recipient. Each party may change the address for notice to him or her by giving notice of that change in accordance with the provisions of this paragraph. 16. APPLICABLE LAW. All acts contemplated by this Agreement shall be construed and enforced under the substantive laws of the Commonwealth of Pennsylvania (without regard to the conflict oflaw rules applicable in Pennsylvania) in effect as of the date of execution of this Agreement. 17. DATE OF EXECUTION. The "date of execution" or "execution date" of this Agreement shall be defined as the date upon which the parties signed the Agreement if they do so on the same date, or if not on the same date, then the date on which the Agreement was signed by the last party to execute this Agreement. 18. EFFECTIVE DATE. This Agreement shall become effective and binding upon both parties on the execution date. 19. EFFECT OF RECONCILIATION. COHABITATION OR DIVORCE. This Agreement shall remain in full force and effect and shall not be abrogated even if the parties effect a reconciliation, cohabit as husband and wife or attempt to effect a reconciliation. This Agreement also shall continue in full force and effect in the event of the parties' divorce. There 11 shall be no modification or waiver of any of the terms hereof unless the parties in writing execute a statement declaring this Agreement or any term of this Agreement to be null and void. 20. HEADINGS NOT PART OF AGREEMENT. Any headings preceding the text of the several paragraphs and subparagraphs hereof are inserted solely for convenience of reference and shall not constitute a part of this Agreement nor shall they affect its meaning, construction or effect. 21. AGREEMENT BINDING ON PARTIES AND HEIRS. This Agreement shall bind the parties hereto and their respective heirs, executors, administrators, legal representatives, assigns, and successors in any interest of the parties. 22. ENTIRE AGREEMENT. Each party acknowledges that he or she has carefully read this Agreement; that he or she has discussed its provisions with an attorney of his or her own choice, and has executed it voluntarily and in reliance upon his or her own attorney; and that this instrument expresses the entire agreement between the parties concerning the subjects it purports to cover and supersedes any and all prior agreements between the parties. This Agreement should be interpreted fairly and simply, and not strictly for or against either of the parties. 23. MUTUAL COOPERATION. Each party shall, on demand, execute and deliver to the other any deeds, bills of sale, assignments, consents to change of beneficiary designations, tax returns, and other documents, and shall do or cause to be done every other act or thing that may be necessary or desirable to effectuate the provisions and purposes of this Agreement. If either party unreasonably fails on demand to comply with these provisions, that party shall pay to the other party all attorney's fees, costs, and other expenses actually incurred as a result of such failure. 24. AGREEMENT NOT TO BE MERGED. This Agreement may be incorporated into a decree of divorce for purposes of enforcement only, but otherwise shall not be merged into said decree. The parties shall have the right to enforce this Agreement under the Divorce Code of 1980, as amended, and in addition, shall retain any remedies in law or in equity under this 12 . . Agreement as an independent contract. Such remedies in law or equity are specifically not waived or released. IN WITNESS WHEREOF, the parties hereto set their hands and seals on the dates of their acknowledgments. ~~.. ULi)z..J 11') Q . " })/ Q ]v vUTNESS . . a.wPL~L ( -<.( .""'-1'"' . ,,,~ ! '/,{,-/I -:;:., I l t-.,y <:;;.. tE'//L/ '. Terrance H. Marquart, Jr. / {:/,.. a~*u f!l IJ1mrtmr- Angel . Marquart } WITNESS 13 ANGELA M. MARQUART., PLAINTIFF : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA v. : NO. 04 - 3523 CIVIL TERM TERRANCE H. MARQUART, JR., DEFENDANT : CIVIL ACTION - LAW : IN DIVORCE AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed on July 21,2004. 2. The marriage of the Plaintiff and Defendant is irretrievably broken, and ninety days have elapsed from the date of both the 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 enlry of the Decree. WAIVER OF NOTICE OF INTENTION TO REOUEST ENTRY OF A DIVORCE DECREE UNDER &3301(c) OF THE DIVORCE CODE I. 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! 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 above are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S.A. 94904, relating to unsworn falsification to authorities. Date: If) -J.8'-IJ~ ANGELA M. MARQUART., PLAINTIFF : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA v. : NO. 04 - 3523 CIVIL TERM TERRANCE H. MARQUART, JR., DEFENDANT : CIVIL ACTION - LAW : IN DIVORCE AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed on July 21,2004. 2. The marriage of the Plaintiff and Defendant is irretrievably broken, and ninety days have elapsed from the date of both the filing and service ofthe 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. W AlVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER &3301(c) OF THE DIVORCE CODE I. 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! 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 above are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S.A. 94904, relating to unsworn falsification to authorities. Date: '() - J.~-OJ/ /~ /J /J / ~' ,/ /' /)7 . . / /1, , , . ,'I //- , t' , ..../ / ,,' / p~. ,yt// I.L- . / . Terrance H. ivt;;rquart,'Jr., Defe~ad V' , .. ANGELA M. MARQUART., PLAINTIFF : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYL VANIA v. : NO. 04 - 3523 CIVIL TERM TERRANCE H. MARQUART, JR., DEFENDANT : CIVIL ACTION - LAW : IN DIVORCE PRAECIPE TO TRANSMIT RECORD To the Prothonotary: Transmit the record, together with the following information, to the Court for entry of a Divorce Decree: I. Ground for divorce: irretrievable breakdown under Section (XX) 3301 (c) ( ) 3301(d) of the Divorce Code. 2. Date and manner of service of the Complaint: July 26,2004 by certified mail no. 70020860000421420174. 3. Complete either paragraph (a) or (b). (a) Date of execution of the Affidavit of Consent and Waiver of Counseling required by Section 3301(c) of the Divorce Code: by Plaintiff: October 28,2004; Defendant: October 28, 2004. (b) (1) Date of execution of the Plaintiffs Affidavit required by Section 3301(d) of the Divorce Code: (2) Date of service of the Plaintiffs Affidavit upon the Defendant: 4. Related claims pending: All claims of record have been settled pursuant to a Marital Settlement Agreement dated August 5, 2004. , . 5. 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) of the Divorce Code: or, date of execution of Waiver of Notice of Intention to Request Entry of a Divorce Decree under Section 3301 (c) of the Divorce Code: by Plaintiff: October 28, 2004; by Defendant: October 28, 2004. and, date of filing of the Waiver of Notice of Intention to Request Entry of a Divorce Decree: Both the Plaintiffs and Defendant's Waivers are being filed simultaneously with this Praecipe. JAMES, SMITH, DIETTERRICK & CONNELLY LLP Date: 1/- 05-Dtf , , ~~~~~~ ~~~~~ ~ ~~~~~ ~~~ ~~~~~ ~~~~~~~~ ~~~ , , , , , , IN THE COURT OF COMMON PLEAS , , OFCUMBERLANDCOUNTY . , . . PENNA. STATE OF . . . , . . . . ANGELA M. MARQUART, Plaintiff NO. 04 - 3523 CIVIL TERM . . . . . . VERSUS TERRANCE H.MARQUART, JR., . . . . . . . . Defendant DECREE IN DIVORCE , . . . . .:r t.I. . P. fJ' A . ,()6tl{ , IT IS ORDERED AND . rJ~(( , AND NOW, , , DECREED THAT Angela M. Marquart , PLAINTIFF, . , AND Terrance H. Marquart, Jr. , DEFEN DANT, . . , . 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; None , . The attached Marital Settlement Agreement dated August 5, 2004 . . is hereby incorporated, but not me 'nto this Decree in Divor . . ,., ;+O'f.'f.::f.;f.'f.;f.'f. 'f.'+' By . . . , Arr,"" ~ ~ '. ~ PROTHONOTARY . . . . . . :f.'f.:f. Of. 'f.'f. 'f.;+::ti:f. :f.'f. . , . . . . . , , . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . J. . . . . . . . , . . . . . . . . , . . . . . . " _~ 7'. ~ ~R/), ~o ltc/I H f?? ? ~ .f.tv~. f"J I';"' II .