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HomeMy WebLinkAbout01-2709ROBIN L. STONE, PAUL L. STONE, Plaintiff Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION -' LAW NO. O l - ,,] 707' CIVIL TERM 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 will proceed without you and a decree of divorce or annulment may be entered against you for any claim or relief requested in these papers by the Plaintiff. You may lose money or property or other rights important to you, including custody or visitation of your children. When the ground for the divorce is indignities or irretrievable breakdown of the marriage, you may request marriage counseling. A list of man:iage counselors is available in the Office of the Prothonotary at Cumberland County Courthouse, Carlisle, Cumberland County, Pennsylvania, 17013. IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF MARITAL 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 Two Liberty Avenue Carlisle, Pennsylvania 17013 (717) 249-3166 ROBIN L. STONE, PAUL L. STONE, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA : : CIVIL ACTION -. LAW : NO. Ot- aqo~ ~ CIVIL TERM Defendant : 1N DIVORCE (~OMPLAINT IN DIVORCE Plaintiff is Robin L. Stone, an adult individual currently residing at 6 McAllister Church Road, Carlisle, Cumberland County, Pennsy][vania. Defendant is Paul L. Stone, an adult individual cm:rently residing at 449 Crossroad School Road, Carlisle, Cumberland County, Pennsylvania. Plaintiff is a bonafide resident of the Commonwealth of Pennsylvania and has been so for at least six months immediately previous to the filing of this Complaint. Plaintiff and Defendant were married on August 12, 1989, in Carlisle, Cumberland County, Pennsylvania. There have been no other prior actions for divorce or annulment between the parties. Neither the Plaintiff nor the Defendant are members of the United States Armed Forces or its Allies. 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. 10. The parties' marriage is irretrievably broken. Plaintiff desires a divorce based upon the belief tha~t the Defendant will, ninety (90) days from the date of the filing of this Complaint, consent to this divorce. Respectfully submitted, Attorney"Tfbr Plaintiff 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, relating to unsworn falsifications to authorities. ROBIN L. STONE., Plaintiff ROBIN L. STONE, PAUL L. STONE, Plaintiff Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW : NO. 01-2709 CIVIL TERM : 1N DIVORCE AFFIDAVIT OF SERVIC_E_E AND NOW, this 14t~ day of May, 2001, comes Marylou Matas, Esquire, Attorney for Plaintiff, and states that a true and attested copy of a Complaint in Divorce was sent to the Defendant, Paul L. Stone, at 449 Crossroads School Road, Carlisle, Pennsylvania 17013, by certified mail, restricted delivery, return receipt requested. A copy of said receipt is attached hereto indicating that service was made on May 9, 2001. Maryl&l ~/I)atas, Es~tuire Attorney f6r Plaintiff GRIFFIE & ASSOCIATES 200 North Hanover Street Carlisle, PA 17013 (717) 243-5551 (800) 347-5552 Swom and subscribed to before me this 1~ day of ~ ' ,2001 NOTARY t~UBL'~C ' · Complete items 1, 2, and 3. Also complete item 4 if Restricted Delivery is desired, · Print your name and address on the reverse so that we can return the card to you. · Attach this card to the back of the mailpiece, or on the front if space permits, 2. Article Number (Copy from service label) PS Form 3811, July 1999 A. Received by (P~ase Pdnt Clearly) B, Date of DelNe~ ~? .~ [] Agent ....... [] Addressee D.~s deliveq/address different from item 17 [] Yes If YES, enter bellvefy address below: [] No ROBIN L. STONE, PAUL L. STONE, Plaintiff Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : : CIVIL ACTION o LAW : : NO. 01-2709 CIVIL TERM : IN DIVORCE AFFIDAVIT OF CONSENT 1. A. Complaint in Divorce under §3301 (c) of the Divorce Code was filed on May 4, 2001, and served on May 9, 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 VERITY THAT THE STATEMENTS MADE IN THE FOREGOING AFFIDAVIT ARE TRUE AND CORRECT. I UNDERSTAND THAT FALSE STATEMENTS HEREIN ARE MADE SUBJECT TO THE PENALTIES OF 18 Pa.C.S. §4904 RELATING TO UNSWORN FALSIFICATION TO AUTHORITIES. ROBIN L. STONE, Plaidtiff ROBIN L. STONE, PAUL L. STONE, Plaintiff Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW NO. 01-2709 CIVIL TERM IN DIVORCE WAIVER ON NOTICE OF INTENTION TO REQUEST THE ENTRY OF A DIVORCE I)ECREE UNDER §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 divome until a divorce decree is entered by the Court and that a copy of the decree will be sent to me imrnediately after it is files with the Prothonotary. I VERIFY THAT THE STATEMENTS MADE IN ']'HE FOREGOING AFFIDAVIT ARE TRUE AND CORRECT. I UNDERSTAND THAT FALSE STATEMENTS HEREIN ARE MADE SUBJECT TO THE PENALTIES OF 18 Pa.C.S. §4904 RELATING TO UNSWORN FALSIFICATION TO AUTHORITIES. ~-~-D'-[ ROB~iN L._Svi. ONE, ,Plainiiff ROBIN L. STONE, Plaintiff V. PAUL L. STONE, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : : NO. 2001 271)9 : CIVIL ACTION .- LAW : : IN DIVORCE AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under the Divorce code was fried on or about May 7, 2001, on the grounds that the marriage of the parties is irretrievably broken. 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety days have elapsed from the date of filing the Complaint. 3. I consent to the entry of a final decree of divorce. 4. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if I do not claim them before a divorce is granted. I verify that the statements made in the Affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. §4904 relating to unsworn falsification to authorities. Date: '7-/,- i9 - PALTL L. STONE ROBIN L. STONE, plaintiff VS. PAUL L. STONE, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : : NO. 2001- 2709 : CIVIL ACTION : : IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER 3301(c) OF THE DIVORCE CODE 1. I consent to the entry of a final decree of divorce without notice. I understand that I may lose rights concerning aaimony, division of property, lawyer's fees or expenses if I do not claim them before a divorce is granted. 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. ! verify that the statements made in ti'Lis affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. §4904 relating to unsworn falsification to authorities Date: I~A"OL L. STONE SEPARATION AND PROPERTY SETTLEMENT AGREEMENT AGREEMENT made this /'~day of ~ft)//~ ,2001, by and THIS between ROBIN L. STONE, of 6 McAllister Church Road, Carlisle, Cumberland County, Pennsylvania, party of the first part, hereinafter referred to as "gPife," AND PAUL L. STONE, of 449 Crossroads School Road,. Carlisle, Cumberland County, Pennsylvania, 17201, party of the second part, hereinafter referred to as "Husband," WITNESSETH: WHEREAS, Husband and Wife were married on August 12, 1989, in Carlisle, Cumberland County, Pennsylvania; and WHEREAS, Husband and Wife are residents of the Cmnmonwealth of Pennsylvania and have been so for at least the past six months; WHEREAS, certain differences have arisen between the parties hereto which have made them desirous of living separate and apart fi.om one another; anti WHEREAS, Husband and Wife desire to settle and determine certain of their marital rights and obligations, and make an equitable distribution of their marital property, determine their rights to alimony and support and any other matters which may be considered under the Divorce Code; and WHEREAS, it is the intention and purpose of tiffs Agreement to set forth the respective fights and duties of the parties while they continue to live apart from each other and to settle all financial and property rights between them; and WHEREAS, the parties hereto have mutually entered in.to an agreement for the division of their jointly owned assets, the provisions for the liabilities they owe, and provisions for the resolution of their mutual differences, after both have had full and ample opportunity to consult with attorneys of their respective choice, the parties now wish to have that agreement reduced to writing. NOW, THEREFORE, the parties hereto in consideration of the mutually made and to be kept promises set forth hereinafter and for other good and valuable consideration, and intending to be legally bound and to legally bind their heirs, successors, assigns, and personal representatives, do hereby covenant, promise and agree as follows: 1.1 It shall be lawful for Husband and Wife at all times hereafter to live separate and apart from each other and to reside from time to time at such place or places as they shall respectively deem fit free from any control, restraint, or interference, al:Erect or indirect, by each other. Neither party shall molest the other or compel or endeavor to compel the other to cohabit or dwell with him or her by any legal or other proceedings. The foregoing provisions shall not be taken to be an admission on the part of either Husband or Wife of the lawfulness of the causes leading to them living separate and apart. AR TICLE II Z1 This Agreement is not predicated on divorce. It is specifically understood and agreed by and between the parties hereto that each of the said parties does hereby warrant and represent to the other that the execution and delivery of this Agreement is not predicated upon nor made subject to any agreement for institution, prosecution, defense, or for the non-prosecution or non- defense of any action for divorce; provided, however, that notkdng contained in this Agreement shall prevent or preclude either of the parties hereto from commencing, instituting or prosecuting any action or actions for divorce, either absolute or otherwise, upon just, legal and proper grounds; not to prevent either party from defending any such action which has been, may, or shall be instituted by the other party, or from making any just or proper defense thereto. It is warranted; covenanted, and represented by Husband and Wife, each to the other, that this Agreement is lawful and enfomeable and this warranty, covenmat, and representation is made for the specific purpose of inducing Husband and Wife to execute the Agreement. Husband and Wife each knowingly and understandingly hereby waive any and all possible claims that this Agreement is, for any reason, illegal, or for any reason, whatsoever of public policy, unenfomeable in whole or in part. Husband and Wife do each hereby warrant, covenant and agree that, in any possible event, he and she are and shall forew;r be estopped from asserting any illegality or unenforceability as to all or any part of this Agreement~ 2.2 It is further specifically understood and agreed that the provision of this Agreement relating to the equitable distribution of property of the parties are accepted by each party as a final settlement for all purposes whatSoever. Should either of the parties obtain a decree, judgment or order of separation or divorce in any other state, country, or jurisdiction, each of the parties to this Agreement hereby consents and agrees that this Agreement and all its covenants shall not be affected in any way by any such separation and divorce. 2.3 This Agreement shall survive any decree in divorce and shall be forever binding and conclusive on the parties. It is understood by and between the parties that this Agreement shall be incorporated into any decree, divorce or separation, but it shall not be deemed merged in such decree. EQUITABLE DISTRIBUTION OF MARITAL PROPERTY 3.1 The parties have attempted to divide' their marital property in a manner which conforms to the criteria set forth in the Pennsylvania Divorce Code, and taking into account the following considerations: the length of the marriage; the prior marriages of the parties; the age, health, station, amount and sources of income, vocational skills, employability; estate, liabilities, and needs for each of the parties; the contribution of one party to the education, training or increased earning power to the other party; the opportunity of each parry for future acquisition of capital assets and income; the sources of income of both parties, including but not limited to medical, retirement, insurance or other benefits; the contribution or dissipation of each part in the acquisition, preservation, depreciation, or appreciation of marital property, including the contribution of a party as a homemaker; the value of the property set apart to each party; the standard of living of the parties established during their marriage; the economic circumstances of each party, including federal, state and local tax ramifications, at the time of the division of the property is to become effective; and whether the parties will be serving as the custodian of any dependent minor children. 3.2 The division of existing marital property is not intended by the parties to constitute in any way a sale or exchange of assets and the division is being effected without the introduction of outside funds or other property not constituting marital property. The division of property under this Agreement shall be in full satisfaction of all rights of equitable distribution of the parties. 3.3 Personal Pro_nerO?. The parties have acquired certain personal property during the court of their marriage the majority of which has been divided to the parties' mutual satisfaction. Wife will retain all of the appliances, including the refrigerator now in her possession, drapes, gas logs and the water system from the marital residence. Husband agrees not to alter or remove those items from the former marital residence when he vacates the residence. Husband shall retain the refrigerator now in his possession. Except as provided in this Agreement, it is agreed that each party shall retain all items of tangible personal property currently in their possession as if it was their sole personal property. Neither party shall make any claimq to any such items of marital property or of the separate personal property that either party wkich are now in the possession or under control of the other. Furthermore, both parties agree to waive any right title and or interest they may have to the property in the possession of the other. Should it become necessary, the parties each agree to sign upon request any titles or documents necessary give effect to this paragraph. 3.4 L(fe Insurance. Each party agrees that the other party shall have sole ownership and possession of any life insurance policies owned by the other. Each party agrees to sign any documents necessary to waive, relinquish, or transfer any rights on such policies to the respective party who presently owns such policies. 3.5 Su&sequentl_v Acquired Property. Husband and Wife agree to waive and relinquish any and all right that he or she may now have or hereafter acquire in any real or tangible personal property subsequently acquired by the other party. Husband. and Wife specifically agree to waive and relinquish any right in such property that may arise as a result of the marriage relationship. 3.6 Pension. Retirement. Pro_fit-Sharing. Wife agrees to waive, relinquish or transfer any and all of her right, title and interest she has or may have irt Husband's pension through his present or prior employment. Wife hereby waives, relinquishes and transfers any and all right, title and interest she has in any present retirement account,, as well. as other accounts that Husband may have in his individual name or may have secured through his present or prior employment. Husband agrees to waive, relinquish or transfer any and all of his right, title and interest he has or may have in Wife's pension through her present or prior employment. Husband hereby waives, relinquishes and transfers any and all right, tide and interest he has in any present retirement account, as well as other accounts that Wife may have in her individual name or may have secured through her present or prior employment. 3.7 Vehicles. The parties acknowledge that Wife has and shall retain sole and exclusive ownership and possession of a certain Toyota Camry vehicle. If it is necessary,- Husband shall execute the title of the vehicle within fifteen (15) days of being requested to do so by Wife or Wife's legal counsel to Wife's name individually. Husband shall make no claim whatsoever relative to access to or use of the aforesaid vehicle and shall rnake no ownership claims of any nature whatsoever to the aforesaid vehicle from the date of execution of this Agreement forward. The parties acknowledge that Husband has and shall retain sole and exclusive ownership and possession of the parties' 1997 Ford truck and the 1989 Honda Accord. If it is necessary, Wife shall execute the title to the vehicle(s) within fifteen (15;) days upon request to do so by Husband. Wife shall make no claim whatsoever relative to access to or use of the aforesaid vehicle and shall make no ownership claims of any nature wt~atsoever to the aforesaid vehicle from the date of execution of this Agreement forward. 3.8 Intttnglble Personal Property. Husband shall retain the balance in the savings account held at Members 1~t Federal Credit Union. Wife agrees to waive or relinquish any and all of her right and interest she may have in that savings account. Husband will retain the certificate of deposit held at Members }~ Federal Credit Union. Wife agrees to waive or relinquish any and all of her right or interest she may have in that certificate of deposit. Each party agrees to sign any documents necessary to close any joint accounts within fifteen (15) days of signing this Agreement. Neither party shall make any claim of any nature whatsoever against the other party relative to the financial accounts or other investments or intangible personal property that have akeady been retained by that party as described herein except as inconsistent with this agreement. Neither party shall make any claim of any nature whatsoever against the other party relative to any and all joint bank accounts in the parties' name which have been previously divided to both parties' mutual sati[sfaction. 3.9 Real Estate: The parties were the joint owners of real estate located at 449 Crossroads School Road, Carlisle, Cumberland County, Pennsylvania. This property was encumbered by a mortgage due and owing to BlueBall National requiring the monthly payment of approximately $650.00. Since the parties' separation, Wife has refinanced the aforesaid mortgage into her name individually, thereby removing Husband's name as a responsible party on that loan. Husband is currently residing in the aforesaid real estate. Husband agrees to vacate that residence by July 1, 2001, or within seven (7)'days of the day Husband makes settlement on real estate in his name individually, whichever date is earlier. If Husband resides in the aforesaid real estate past June 1, 2001, Husband agrees to pay to Wife the additional sum of SlX HUNDRED FIFTY AND XX/I O0 ($650. 00) DOLLARS by June I 0, 2001. Wife shall pay to Husband the sum of FORTY THOUSAND AND XX/IO0 ($40,000.00) DOLLARS in consideration of his interest in the aforesaid real estate. This payment shall be made upon Husband vacating the aforesaid real estate in good repair. In consideration for Husband residing in the marital residence, Husband agrees to pay to Wife the sum of ONE THOUSAND THREE HUNDRED AND XX/IO0 ($1,300.00) DOLLARS at the time of execution of this Agreement, said payment to be deducted from Wife's aforementioned payment to Husband. Furthermore, it is agreed that Husband shall retain the hunting cabin deeded in his name individually. Husband shall indemnify Wife and hold her harmless from and against any and all demands for payment or collection activities of any nature wlaatsoever relative to any mortgage that may encumber the aforesaid property from the time of execution of this Agreement forward. Wife waives and relinquishes any and all right title and interest in the aforesaid real estate. DEBTS OF THE PARTIES 4.1 The parties acknowledge that they have outstanding debts or liabilities due and owing to a CitiBank VISA account, which has an approximately balance of $4,000.00 and a Member's account, which has an approximately balance of $1,000.00. From the date of execution of this Agreement forward, Wife shall retain sole and exclusive responsibility and obligation for the repayment of the aforesaid debts. Wife shall indemnify Husband and hold him harmless from and against any and all demands for payment or collection activity of any nature whatsoever relative to the aforesaid credit card debts. 4.2 The parties are the natural parents of three children, namely Alicia Nicole Stone, born February 26, 1984, Melissa Sue Stone, born March 20, 1989 and K~stal Lynn Stone, bom August 12, 1991. Husband agrees to pay one-half of the chil&en's expenses, including, but not limited to, extracurricular activities, clothing and educational expenses (not including post- secondary expenses). Wife shall submit an itemized invoice to Husband and Husband shall remit payment directly to Wife. 4.3 Each party represents to the other that except as is otherwise set forth in this Agreement, and more particularly as set forth in subparagraphs 4.1 and 4.2 above, there are no major outstanding obligations of the parties; that since the separation neither party has contracted for any debts for which the other will be responsible and each pant indemnifies and holds harmless the other for all obligations separately incurred or assumed under this Agreement. MISCELLANEOUS PROVISIONS 5.1 dl~fl;q~~- The parties acknowledge that they have either received independent legal advice from counsel of their own selection, that they fully understand the facts and have been fully informed as to their legal rights an obligation or otherwise understand those legal rights and obligations. They acknowledge and accept that this Agreement is, in the circumstances, fair and equitable, that it is being entered into freely and voluntarily, at~er having received such advice and with such 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. 5.2 Mutual Release. Husband and Wife each do hereby mutually remise, release, quitclaim, and forever discharge the other and the estate of such other, for all times to come and for all purposes whatsoever, of and from any and all right, title and interest, or claims in or against the property (including income and gain from property hereafter accruing) of the other or against the estate of such other, of whatever nature and wheresoever situate, which he or she now has or at any time hereafter may have against such other, the estate of such other, or any part thereof, whether arising out of any former acts, contracts, engagement.,;, or liabilities of such other as by way of dower or curtesy, or claims in the nature of dower or curtesy or widow's or widower's rights, family exemption, or similar allowance, or under the intestate laws, or the right to take against the spouse's Will; or the right to treat a lifetime conveyance by the other as testamentary, or all other rights of a surviving spouse to participate in a deceased spouse's estate, whether arising under the laws of (a) Pennsylvania, (b) any state, commonwealth or territory of the United States, or (c) any other country, or any rights which either party may have or at any time hereafter have for past, present, or future support or maintenance, alimony, alimony pendente lite, counsel fees, costs or expenses, whether arising as a result of the marital relation or otherwise, except and only except, all rights and agreements and obligations of whatsoever nature arising or which may arise under this Agreement or for the breach of any thereof. It is the intention of Husband and Wife to give to each other by execution of this Agreement a full, complete, and general release with respect to any and all property of any kind or nature, real or personal, not mixed, which the other now owns or may hereafter acquire, except and only except, all rights and agreements and obligations of whatsoever nature arising or which may arise under this Agreement or for the breach of any thereof. 5.3 ~ The parties agree that any and all financial[ obligations assumed herein shall not be subject to discharge through bankruptcy proceedings. This includes, but is not limited to, all f'mancial obligations assumed under Paragraph 3.7, 3.9, 4.1 and 4.2 of this Agreement. In the event either party attempts to avoid financial obligations described herein through bankruptcy proceedings the other party shall have an independent claim against the party claiming bankruptcy for any and all sums that the other party assumes or is required to pay due to the actions of the party claiming bankruptcy. Further, all rights available to the other party provided for in Paragraph 5.13 hereinaf/er shall be available to the party not filing bankruptcy. 5.4 Wgrranties. Each party represents that they have not heretofore incurred or contracted for any debt or liability or obligation for which the estate of the other party may be responsible or liable, except as may be provided for in this Agreement. Each party agrees to indemnify or hold the other party harmless from and against any and all such debts, liabilities or obligations of every kind, including those for necessities, except for the obligations arising out of this Agreement. Husband and Wife each warrant, covenant, represent and agree that each will, now and at all times hereafter, save harmless and keep the other indemnified from all debts, charges, and liabilities incurred by the other after the execution date of this Agreement, except as is otherwise specifically provided for by the terms of this Agreement and that neither of them hereafter incur any liability whatsoever for which the estate of the other may be liable. 5.5 No waiver or modification of any of the terms of this Agreement shall be valid unless in writing and signed by both parties and no waiver of any breach hereof or default hereunder shall be deemed a waiver of any subsequent default of the same or similar nature. 5.6 Husband and Wife covenant and agree that they will forthwith execute any and all written instruments, assignments, releases, satisfactions, deeds., notes or such other writings as may be necessary or desirable for the proper implementation of this Agreement, and as their respective counsel shall mutually agree should be so executed in order to carry fully and effectively the terms of this Agreement. 5.7 This Agreement shall be construed in accordance with the laws of the Commonwealth of Pennsylvania which are in effect as of the date of the execution of this Agreement. 5.8 This Agreement shall be binding and shall inure to the: benefit of the parties hereto and their respective heirs, executors, administrators, successors and assigns. 5.9 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. 5.10 Severabili~_. If any term, condition, clause, section, or provision of this Agreement shall be determined or declared to be void or invalid in law or otherwise, then only that term, condition, clause or provision shall be stricken from this Agreement; and in all other respects, this Agreement shall be valid and continue in full force, effect, and operation. Likewise, the failure of any party to meet his or her obligation under any one or more of the articles and sections herein shall in no way void or alter the remaining obligations of the parties. 5.11 It is specifically understood and agreed that this Agreement constitutes the 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 Divorce Code of the Commonwealth of Pennsylvania. 5.12 ~ The parties each warrant and represent to the other that he or she has made a full and complete disclosure to the other of all assets of any nature whatsoever in which party has an interest, of the sources, and amount of the income of such party of every type whatsoever, and all other facts relating to the subject matter of this Agreement. $.13 En_£oreeabili~_ and Consideration. This Agreement shall survive any action for divorce and decree of divorce and shall forever be binding and con~clusive on the parties; and any independent action may be brought, either at law or in equity, to enforce the terms of the Agreement by either Husband or Wife until it shall have been fidly satisfied and performed. The consideration for this contract and agreement is the mutual benefits to be obtained by both of the parties hereto and the covenants and agreements of each nf the parties to the other. The adequacy of the consideration for ail agreements herein contained is stipulated, confessed, and admitted by the parties, and the parties intend to be legally bound hereby. In the event either party breaches the aforesaid Agreement and it is determined through appropriate legal action that the alleged party has so breached the Agreement, the breaching party shall be responsible for any and all attorney's fees as well as costs and expenses associated with litigation incurred by the non-breaching party to enforce this Agreement against the breaching party. In the event of breach, the non-breaching party shall have the fight, at his or her election, to sue for damages for such breach or to seek such other and additional remedies as may be available to him or her including equitable enforcement of this Agreement. 1N WITNESS WHEREOF, the parties hereto have set their hands and seals the day and year first above written. WITNESSED BY: Date ROBIN L. STONE Date COMMONWEALTH OF PENNSYLVANIA : COUNTY OF /a [cl : Onthis flj dayof J~l'/~J , 2001, before me, the undersigned officer, personally appeared ROBIN I.. STONE, known to me (or satisfactory proven) to be the person whose 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. COMMONWEALTH OF PENNSYLVANIA COUNTY OF Onthis ~ dayof , 2001, before me, the undersigned officer, personally appeared PAUl, I,. STONE, known to me (or satisfactory proven) to be the person whose name is subscribed to the within Agreement and acknowledged that he executed the same for the purpose therein contained. IN WITNESS WHEREOF, I hereunto set my hand and official seal. ROBIN L. STONE, Plaintiff VS. PAUL L. STONE, Defendant IN 'FHE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION NO. 01-2709 CIVIL TERM PRAEClPE TO TRANSMIT RECORD To the Prothonotary: Transmit the record, together with the following information to the court for entry of a divorce decree: Ground for divorce: Irretrievable breakdown under §3301 (c) Xi~tJ~,x~f the Divorce Code. (Strike out inapplicable section). 2. Date and manner of service of the complaint: May 9, 2001 certified mail, restricted delivery on Complete either paragraph (a) or (b). (a) Date of execution of the affidavit of consent required by §3301 (c) of the Divome Code: by plaintiff 9/6/01 ; by defel~dant 9/6/01 (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: 9/10/01 Date defendant's Waiver of Notice in §3301 (c) Divorce was filed with the Prothonotary: 9/10/01 Marylou Matas~rney for Plaintiff 1N THE COURT Of COMMON PLEAS Of CUMBERLAND COU~TY STATE OF .~~ PENNA. ROBIN L. STONE, Plaintiff VERSUS PAUL L. STONE, Defendant m O. 01-2709 CIVIL '£~M DECREe IN DIVORCE AND NOW, DECREED THAT Paul L. Stone AND September Robin L. Stone 2001 , IT IS ORDERED AND , PLAINTIFF, , 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 Property Settl~ent Agreement dated July 16~ 2001 is incorporated herein, but not merqed. BY THE COURT: PROTHONOTARY