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HomeMy WebLinkAbout04-4559REAGER & ADLER, PC BY: Joanne Harrison Clough, ESQUIRE Attorney I.D. No. 36461 2331 Market Street Camp Hill, PA 17011 Telephone: (717) 763-1383 Facsimile: (717) 763-7366 Email: JoanneClough~ReagcrAdlerPC.com Attorneys for Plaintiff CRYSTAL S. BLENDERMAN, Plaintiff DAVID C. BLENDERMAN, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. CIVIL ACTION - LAW IN DIVORCE NOTICE TO DEFEND AND CLAIM RIGHTS YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set forth in the following pages, you must take prompt action. You are warned that if you fail to do so, the case may proceed without you and a decree of divorce or annulment may be entered against you by the Court. A judgment may also be entered against you for any other 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, Room 101, Cumberland County Courthouse, 1 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 TIlE RIGHT TO CLAIM ANY OF THEM. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 1-800-990-9108 REAGER & ADLER, PC BY: Joanne Harrison Clough, ESQUIRE Attorney I.D. No. 36461 2331 Market Street Camp Hill, PA 17011 Telephone: (717) 763-1383 Facsimile: (717) 763-7366 Email: JoanneClough~ReagerAdlerPC.com Attorneys for Plaintiff CRYSTAL S. BLENDERMAN, : Plaintiff : DAVID C. BLENDERMAN, : Defendant : IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. CIVIL ACTION - LAW IN DIVORCE AVISO PARA DEFENDER Y RECLAIMAR DERECHOS USTED HA DISO DEMANDANDO EN LA CORTE. Is desca defenderse de las quejas expuestas en las p~tginas siguientes, debar tomar acci6n con prontitud. Sc la avisa quc is no se deficnde, cl caso pm:de proceder sin usted y decreto de divorcio o anulamiento puede set emitado en su contra por la Corte. Una decisi6n pucde tambi6n set cmitida en su contra pot caulquier otra qucja o compensaction reclamados por el demandantc. Usted pucde perdcr dinero, o sus propicdadcs o otros dcrechos importantes para usted. Cuando la base para el divorcio es indignadades o rompimiento irreparable del matrimonio, usted puede solicitar consejo matrimonial. Una lista de consejeros matrimoniales est~ disponible en la oficina del Prothonotary, en la Cumberland County Court of Common Pleas, Room 101, Cumberland County Courthouse, 1 Courthouse Square, Carlisle, Pennsylvania. SI USTED NO RECLAMA PENSION ALIMENTACIA, PROPIEDAD MARITAL, HONORARIOS DE ABOGADO U OTROS GASTOS ANTES DE QUE EL DECRETO FINAL DE DIVORCIO O ANULAMIENTO SEA EMITIDO, USTED PUEDE PERDER EL DERECHO A RECLAMAR CUALQUIERA DE ELLOS. USTED DEBE LLEVAR ESTE PAPEL A UN ABOGADO DE INMEDIATO. SI NO TIENE O NO PUEDO PAGAR UN ABOGADO, VAYA O LLAME A LA OFICINA INDICADA ABA JO PARA AVERIGUAR DONDE SE PUEDE OBTENER ASISTENCIA LEGAL. Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 1-800-990-9108 REAGER & ADLER, PC BY: Joanne Harrison Clough, ESQUIRE Attorney I.D. No. 36461 2331 Market Street Camp Hill, PA 17011 Telephone: (717) 763-1383 Facsimile: (717) 730-7366 Email: JoarmeClough~eagerAdlerPC.com Attorneys for Plaintiff CRYSTAL S. BLENDERMAN, Plaintiff DAVID C. BLENDERMAN, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. CIVIL ACTION - LAW IN DIVORCE COMPLAINT IN DIVORCE UNDER SECTION 3301(C] OR OF THE DIVORCE CODE 1. Plaintiff is Crystal S. Blenderman, an adult individual who currently resides 544 Crossroad School Road, Cumberland County, Pennsylvania. t~-,q~,[,'.r 2. Defendant is David C. Blenderman, an adult individual who currently resides at 544 Crossroad School Road, Cumberland County, Pennsylvania. 3. Plaintiff and Defendant have been bona fide residents in the Commonwealth for at least six (6) months immediately previous to the filing of this Complaint. The Plaintiff and Defendant were married on August 28 1993, in Cumberland County, Pennsylvania. 5. There have been no prior actions of divorce or for annulment between the parties. 6. Neither Plaintiff nor Defendant is in tM military or naval services of the United States or its allies within the provisions of the Solders' & Sailors' Civil Relief Act of the Congress of 1940 and its amendments. 7. Plaintiff avers that there is one (1) child of this marriage under the age of eighteen years, namely Daniel Christopher Blenderman, bom October 29, 1993. 8. The marriage is irretrievably broken. 9. Plaintiffhas been advised that counseling is available and that Defendant may have the right to request that the court require the parties to participate in counseling. Plaintiff declines counseling. 10. After ninety (90) days have elapsed from the date of the filing of this Complaint, Plaintiff intends to file an Affidavit consenting to a divorce, Plaintiffbelieves that Defendant may also file such an affidavit. I I. In the alternative, Plaintiffwill file a 3301(d) Affidavit and provide the appropriate Notices two (2) years from the date of separation. WHEREFORE, Plaintiff respectfully requests this Court to enter a decree of divorce pursuant to Section 3301(c) or (d) of the Divorce Code. Respectfully submitted, Attorney I.D, No. 36~ 2331 Market Street Camp Hill, PA 17011 Esquire Telephone No. (717) 763-1383 Attorneys for Plaintiff VERIFICATION I, Crystal S. Blenderman, verify that the statements made in this Complaint are true and correct to thc best of my knowledge, information and belief. 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. lenderman / CRYSTAL S. BLENDERMAN, Plaintiff DAVID C. BLENEDERMAN, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA oq- c/:5-3'-q c ;~,'l NO. 2004-C:k~ CIVIL ACTION - LAW IN DIVORCE ACCEPTANCE OF SERVICE I,DAVID C. BLENDERMAN, accept service of the Complaint in Divorce in the above-captioned matter. Date: CRYSTAL S. BLENDERMAN, Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA v. : NO. 04-4559 DAVID C. BLENDERMAN, 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 September 10, 2004 and served upon Defendant on or about September 23,2004. 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 after service of notice of intention to request entry of the decree or upon filing of my Waiver of the Notice ofIntention to Request Entry of the Decree. 4. I have been advised of the availability of marriage counseling and understand that the Court maintains a list of marriage counselors and that I may request the Court to require my spouse and I to participate in counseling and, being so advised, do not request that the Court require that my spouse and I participate in counseling prior to the divorce becoming final I veritY 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: \ - \ 'i}- 0'; ~ I ~ J3j, ,J if , 7(7,,, - Cry s. Blenderman - ( - ~- ~ 1":; r.;! l); CRYSTAL S. BLENDERMAN, Plaintiff : IN THE COUlU OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 04-4559 DAVID C. BLENDERMAN, 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 September 10, 2004 and served upon Defendant on or about September 23, 2004. 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 after service of notice of intention to request entry of the decree or upon filing of my Waiver of the Notice ofIntention to Request Entry of the Decree. 4. I have been advised of the availability of marriage counseling and understand that the Court maintains a list of marriage counselors and that I may request the Court to require my spouse and I to participate in counseling and, being so advised, do not request that the Court require that my spouse and I participate in counseling prior to the divorce becoming final. 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: t -- \ C\ -.:> d~~~- David C. Blenderman r< N C CRYSTAL S. BLENDERMAN, Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA v. : NO. 04-4559 DAVID C. BLENDERMAN, Defendant : CIVIL ACTION - LAW : IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REOUEST ENTRY OF DIVORCE DECREE UNDER :;) 3301(c) OF THE DIVORCE CODE 1. I consent to the entry of a final Decree of Divorce without notice. 2. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses 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 in this affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. ') 4904 relating to unsworn falsification to authorities. DATE: (-l.::J _ o~ \^,..) c~., Zl't <-- ~~:>. N r:-? cf'\ -- CRYSTAL S. BLENDERMAN, Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA v. : NO. 04-4559 DAVID C. BLENDERMAN, Defendant : CIVIL ACTION - LAW : IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF DIVORCE DECREE UNDER 3 3301(c) OF THE DIVORCE CODE 1. I consent to the entry of a tinal 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 Prothonotmy 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. 34904 relating to unsworn falsification to authorities. ~ DATE: \ - \ u - a~ .,~ ~ f /' /' " " .....- '" ' " ./ . ..... ,,' /C A~~ V:.' . .r/- David C. Blenderrnan ,~'n l" r"o) - C-'l. \\Ntscrver\users\R&A Family Law\Client Directory\Blendennan, Crystal\Plcadings\MARITAL SETTLEMENT AGREEMENT.doc September 21 , 2004 MARITAL AND CUSTODY SETTLEMENT AGREEMENT THIS AGREEMENT, made this ?5rJ day of September, 2004, by and between Crystal S, Blenderman (hereinafter "WIFE") and David C, Blenderman, (hereinafter "HUSBAND"); WIT N E SSE T H: WHEREAS, the parties hereto were married Cumberland County, P A; and separated on or about, on August 28, , 2004; and 1993 III Carlisle, WHEREAS, the parties have one child of this marriage, namely Daniel Christopher Blenderman, born October 29, 1993; and WHEREAS, difficulties have arisen between the parties and it is therefore their intention to live separate and apart for the rest of their lives and the parties are desirous of settling completely the economic and other rights and obligations between each other, including, but not limited to: the equitable distribution of the marital property; past, present and future support; alimony, alimony pendente lite; and, in general, any and all other claims and possible claims by one against the other or against their respective estates; and NOW THEREFORE, in consideration of the covenants and promises hereinafter to be kept and performed by each party and intending to be legally bound hereby, the parties do hereby agree as follows: 1, ADVICE OF COUNSEL, The provisions of this Agreement and their legal effioct have been fully explained to the parties by their respective counsel, WIFE is represented by Joanne Harrison Clough of Reager & Adler, P.c', Esquire and HUSBAND has been advised of his right to be represented by independent counsel of his own choosing but has elected to represent himself in the negotiation and execution of this Agreement. 1 \\Ntserver\users\R&A Family Law\Client Directory\Blendennan, Crystal\Pleadings\MARITAL SETTLEMENT AGREEMENT.doc September 21, 2004 The parties further declare that each is executing the Agreement freely and voluntarily having either obtained sufficient knowledge and disclosure of their respective legal rights and obligations, or if counsel has not been consulted, expressly waiving the right to obtain such knowledge. The parties each acknowledge that this Agreement is fair and equitable and is not the result of any fraud, coercion, duress, undue influence or collusion. 2. DIVORCE ACTION. The parties acknowledge that their marriage is irretrievably broken and that they shall secure a mutual consent no fault divorce pursuant to 9 3301(c) of the Divorce Code. A divorce action was filed by WIFE with the Court of Common Pleas of Cumberland County, branching Pennsylvania at Civil Action No. 04-4559 on September 10, 2004. The parties agree to execute Affidavits of Consent for divorce and Waivers of Notice of Intention to Request Entry of a Divorce Decree concurrently with the execution of this Agreement or upon expiration of ninety (90) days after the service of said complaint on HUSBAND. This Agreement shall remain in full force and effect after such time as a final decree in divorce may be entered with respect to the parties. The parties agree that the terms of this Agreement shall be incorporated into any Divorce Decree which may be entered with respect to them and specifically referenced in the Divorce Decree. This Agreement shall not merge with the divorce decree, but shall continue to have independent contractual significance. 3. DATE OF EXECUTION. The "date of execution" and "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 party last executing this Agreement. 4. MUTUAL RELEASES. Each party absolutely and unconditionally release the other and the estate of the other from any and all rights and obligations which either may have for past, present, or future obligations, arising out of the marital relationship or otherwise, including all rights and benefits under the Pennsylvania Divorce Code of 1980, and amendments except as described herein. Each party absolutely and unconditionally releases the other and his or her heirs, executors, and estate from any claims arising by virtue of the marital relationship of the parties. The above release shall be effective whether such claims arise by way of widow's or widower's 2 \\Ntserver\users\R&A Family Law\Client Directory\Blenderman, Crystal\Pleadings\MARlTAL SETTLEMENT AGREEMENT. doc September 2] , 2004 rights, family exemption, 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. Except for any cause of action for divorce which either party may have or claim to have, each party gives to the other by the execution of this Agreement an absolute and unconditional release from all claims whatsoever, in law or in equity which either party now has against the other. 5. FINANCIAL AND PROCEDURAL DISCLOSURE. The parties confirm that each has relied on the accuracy of the financial disclosure of the other as an inducement to the execution of this Agreement. Each party understands that he/she had the right to obtain from the other party a complete inventory or list of all property that either or both parties owned at the time of separation or currently :md that each party had the right to have all such property valued by means of appraisals or otherwise. Both parties understand that they have right to have a court hold hearings and make decisions on the matters covered by this Agreement. Both parties hereby acknowledge that this Agreement is fair and equitable, and that the terms adequately provide for his or her interests, and that this Agreement is not a result of fraud, duress or undue influence exercised by either party upon the other or by any person or persons upon either party. 6. SEPARATION/NON-INTERFERENCE. WIFE and HUSBAND may and shall, at all times hemafter, live separate and apart. They shall be free from any interference, direct or indirect, by the other in all respects as fully as if they were unmarried. Each may, for his or her separate us,~ or benefit, conduct, carry on and engage in any business, occupation, profession or employm~nt which to him or her may seem advisable. WIFE and HUSBAND shall not harass, disturb, or malign each other or the respective families of each other. 7. REAL PROPERTY. The parties are the joint owners of real property located at 544 Crossroad School Road, Carlisle, Cumberland County, P A 17013. HUSBAND and WIFE agree that in consideration of the other property transfers and promises set forth in this Agreement, HUSBAND shall transfer any and all right, title and interest he has in the marital residence to WIFE. HUSBAND shall execute a deed prepared at WIFE's expense, transferring his interest in said real property to 3 \\Ntserver\users\R&A Family Law\Client Directory\Blenderman, Crystal\Pleadings\MARlTAL SETTLEMENT AGREEMENT,doc September 21, 2004 WIFE contemporaneously with the execution of this Agreement. WIFE agrees to be solely responsible for and to indemnity HUSBAND and hold him hannless on the mortgage, real estate taxes and other expenses associated with this property. HUSBAND agrees to vacate the marital residence and remove all of his personal property and possessions within thirty (30) days of the date of execution of this Agreement. 8. DEBTS. If a party has acquired debt, the parties agree that each shall assume full and complete responsibility for his or her own debts. HUSBAND represents and warrants to WIFE that since the separation he has not, and in the future he will not, contract or incur any debt or liability for which WIFE or her estate might be responsible, and he shall indemnify and save WIFE hmmless from any and all claims or demands made against her by reason of such debts or obligations incurred by him since the date of said separation, except as otherwise set forth herein. WIFE represents and warrants to HUSBAND that sinGe the separation she has not, and in the future she will not, contract or incur any debt or liability for which HUSBAND or his estate might be responsible, and he shall indemnifY and save HUSBAND harmless from any and all claims or demands made against him by reason of such debts or obligations incurred by her since the date of said separation, except as otherwise set forth herein. 9. RETIREMENT BENEFITS. HUSBAND is the owner of retirement benefits through his employment. WIFE is the owner of retirement benefits through her employment. HUSBAND hereby waives his right, title and interest to any of WIFE's pension and/or retirement and any and all other retirement benefits, otherwise disclosed. WIFE hereby waives her right, title and interest to any of HUSBAND's pension and/or retirement and any and all other retirement benefits except as set forth above. The parties specifically waive any and all other retirement benefits obtained by the parties pre-marriage, during marriage, and post-separation. The individual who holds said benefits shall own the property solely and individually. Each party waives their right to title and interest to the other party's benefit. 4 \\Ntserver\users\R&A Family Law\Client Directory\Blenderman, Crystal\Pleadings\MARITAL SETTLEMENT AGREEMENT.doc September 21, 2004 10. BANK ACCOUNTS. The parties acknowledge that they have divided the marital bank accounts to their satisfaction. The bank accounts held solely in individual names shall become the sole and separate property of the party in whose name it is registered. Each party does hereby specifically waive and release his/her right, title and interest in the other party's respective accounts. 11. LIFE INSURANCE. HUSBAND hereby waives any right, title, claim or interest he may have in any life insurance policy of WIFE. WIFE hereby waives any right, title, claim or interest she may have in any life insurance policy of HUSBAND. 12. PERSONAL PROPERTY. Except as set forth here below, the parties hereto mutually agree that they have divided all furniture, household furnishings and personal property between them in a manner agreeable to both parties. The parties mutually agree that each party shall from and after the date of this Agreement be the sole and separate owner of all tangible personal property in his or her possession. HUSBAND shall receive the items of personal property set forth on Exhibit A attached hereto. 13. VEHICLES. The parties own a 1998 Pontiac Sunfire which is paid in full. HUSBAND agrees to transfer any and all interest he has in said vehicle to WIFE and agrees to sign the title over to WIFE within thirty (30) days of the date of execution of this Agreement at WIFE's expense. The parties also own a 2002 Ford Wind Star minivan that is encumbered by a loan with Citizens Automobile Finance, P.O. Box M, Providience, RI, 02901-] 683 with approximately 46 months ofremaining loan payments. WIFE agrees to transfer any and all right, title, claim or interest she has in said vehicle to HUSBAND and waive any claim thereto. HUSBAND should make arrangements with the lender for WIFE to transfer title of the vehicle to HUSBAND within thirty (30) days of the date of execution of this Agreement at HUSBAND's expense. 14. CUSTODY. HUSBAND and WIFE agree to the following custody of their minor son Daniel. 5 \\Ntserver\users\R&A Family Law\Client Directory\Blcnderman, Crystal\Pleadings\MAR1TAL SETTLEMENT AGREEMENT.doc September 21, 2004 1. Legal Custody: The parties agree to shared legal custody of Daniel. The parties agree that major decisions concerning the child, including, but not necessarily limited to, the child's health, welfare, education, religious training and upbringing shall be made by them jointly, after discussion and consultation with each other, with a view toward obtaining and following a harmonious policy in the child's best interest. Each party agrees not to impair the other party's rights to shared legal custody of the child. Each party agrees not to attempt to alienate the affections of the child from the other party. Each party shall notify the other of any activity or circumstance concerning their child that could reasonably be expected to be of concern to the other. Day to day decisions shall be the responsibility of the parent then having physical custody. With regard to any emergency decisions which must be made, the parent having physical custody of the child at the time of the emergency shall be permitted to make any immediate decisions necessitated thereby. However, that parent shall inform the other of the emergency and consult with him or her as soon as possible. Each party shall be entitled to complete and full information from any doctor, dentist, teacher, professional or authority and to have copies of any reports given to either party as a parent. 2. Physical Custody WIFE shall maintain primary physical custody of the mmor child Daniel. HUSBAND shall have partial custody of the child as fc)llows: A. Every other weekend from Friday at 6:00 p.m. to Sunday at 8:30 p.m. The parties agree to follow the same alternative weekend schedule of Daniel's brothers to maximize the amount of time Daniel is able to spend with his brothers. B. Summers: It is specifically agreed that each parent may select two weeks of summer vacation with the child. Each parent is to give the other parent at least two weeks notice of the weeks he or she selects for vacat!lon. The parties shall maintain the alternation weekend schedule despite the vacation schedule so if one parent takes 6 \\Ntserver\users\R&A Family Law\Client Directory\Blenderman, Crystal\Pleadings\MARITAL SETTLEMENT AGREEMENT.doc September 21, 2004 vacation during the other parent's weekend, the alternating weekend schedule will resume upon return, The non-vacationing parent will simply lose the weekend that fell during the vacationing parent's vaeation, Said two weeks may be exercised consecutively. C. WIFE shall always have custody of the child on Mother's Day and HUSBAND shall always have custody of the child on Father's Day. D. The parties shall alternate of share holidays as agreed. E. HUSBAND shall have partial physical custody such other times as the parties may mutually agree. 3. Telephone Contact with Child: Both parties shall have the right to reasonable telephone contact with the child during the other party's period of custody/visitation. Neither party shall interfere with the other party's telephone contacts with the child. Eaeh party shall make all reasonable effects to promptly return telephone calls or messages left by the other party regarding the child. 4. Disparaging Remarks: Neither HUSBAND nor WIFE shall make any disparaging remarks regarding the other parent in the presence of the child, such as those that might tend to alienate the affections of the child toward the other parent. Also, each parent shall inform relatives and friends to also refrain from making any disparaging remarks regarding either parent in the presence of the child. 5. Entry as Court Order: Both parties agree that this Stipulation shall be entered as a Court Order. 6. Modification: Any of the provision of this Agreement may be modified or deleted upon mutual consent/agreement of both parties or upon Petition to the Court for modification. 7 \\Ntserver\users\R&A Family Law\Client Directory\Blenderman. Crystal\Pleadings\MARITAL SETTLEMENT AGREEMENT.doc September 21, 2004 15. BANKRUPTCY OR REORGANIZATION .PROCEEDINGS. In the event that either party becomes a debtor in any bankruptcy or financial reorganization proceedings of any kind while any obligations remain to be performed by that party for the benefit of the other party pursuant to the provisions of this Agreement, the debtor spouse hereby waives, releases and relinquishes any right to claim any exemption (whether granted under State or Federal law) to any property remaining in the debtor as a defense to any claim made pursuant hereto by the creditor-spouse as set forth herein, including all attorney fees and costs incurred in the enforcement of this paragraph or any other provision of this Agreement. No obligation created by this Agreement shall be discharged or dischargeable, regardless of Federal or State law to the contrary, and each party waivl~s any and all right to assert that obligation hereunder is discharged or dischargeable. The parties mutually agree that in the event of bankruptcy or financial reorganization proceedings by either party in the future, any monies to be paid to the other party, or to a third party, pursuant to the terms of this Agreement shall constitute support and maintenance and shall not be discharged in bankruptcy. 16. ALIMONY, SPOUSAL SUPPORT, AND ALIMONY PENDENTE LITE. The parties hereby expressly waive, release, discharge and give up any and all rights or claims which either may now or hereafter have for spousal support, alimony pendente lite, alimony, or maintenance. The parties further release any rights that they may have to seek modification of the terms of this Agreement in a court of law or equity, with the understanding that this Agreement constitutes a final determination for all time of either party's obligations to contribute to the support or maintenance of the other. 17. ATTORNEY FEES, COURT COSTS. Each party hereby agrees to be solely responsible for his or her own counsel fees, costs and expenses. Neither shall seek any contribution thereto from the other except as otherwise expressly provided herein. 18. ATTORNEYS' FEES FOR ENFORCEMENT. In the event that either party breaches any provision of this Agreement and the other party retains counsel to assist in enforcing the terms thereof, the breaching party will pay all reasonable attorneys' fees, court costs and expenses (including interest and travel costs, if applicable) which are incurred by the other party in enforcing the Agreement, whether 8 \\Ntserver\users\R&A Family Law\Client Directory\Blenderman, Crystal\Pleadings\MARITAL SETTLEMENT AGREEMENT.doc September 21, 2004 enforcement is ultimately achieved by litigation or by amicable resolution. It is the specific Agreement and intent of the parties that a breaching or wrongdoing party shall bear the obligation of any and all costs, expenses and reasonable counsel fees incurred by the nonbreaching party in protecting and enforcing his or her rights under this Agreement. 19. WAIVER OF RIGHTS. Both parties hereby waive the following procedural rights: (a.) The right to obtain an inventory and the appraisement of all marital and non-marital property; (b.) The right to obtain an income and expense statement of either party; (c.) The right to have all property identified and appraised; (d.) The right to discovery as provided by the Pennsylvania Rules of Civil Procedure; and (e.) The right to have the court make all determinations regarding marital and non-marital property, equitable distribution, spousal support, alimony pendente lite, alimony, counsel fees and costs and expenses. 20. MUTUAL COOPERATION. WIFE and HUSBAND shall mutually cooperate with each other in order to carry through the terms of this Agreement, including but not limited to, the signing of documents. 21. VOID CLAUSES. If any term, condition, clause or provision of this Agreement shall be determined or declared to be void or invalid in law or otherwise, then only that term, condition, clause or provision shall be stricken from this Agreement, and in all other respects this Agreement shall be valid and continue in full force, effect and operation. 22. APPLICABLE LAW. This Agreement shall be construed under the laws of the Commonwealth of Pennsylvania. 23. ENTIRE AGREEMENT. This Agreement contains the entire understanding of the parties, and there are no representations, warranties, covenants or undertakings other than those expressly set forth herein. 9 \\Ntserver\users\R&A Family Law\Client Directory\Blenderman, Crystal\Pleadings\MARITAL SETTLEMENT AGREEMENT.doc September 21, 2004 24. CONTRACT INTERPRETATION. For purposes of contract interpretation and for the purpose in resolving any ambiguity herein, the parties agree that this Agreement was prepared jointly by the parties. IN WITNESS WHEREOF, the parties hereto have set their hands and seals of the day first above written. This Agreement is executed in duplicate, and in counterparts. WIFE and HUSBAND acknowledge the receipt of a duly executed copy hereof. ir ffldQ~ Itn s j. B1 0 ~ G {ei/V""! CRY! TAL S. BLENDERMAN du ~JJ .Jr,1fl1 f ;(),d Witness dR7~4 DAVID c. BLEND ERMAN 10 \\Ntserver\users\R&A Family Law\Client Directol)'\Blenderman, Crystal\Plcadings\MARITAL SETTLEMENT AGREEMENT.doc September 21, 2004 COMMONWEALTH OF PENNSYLVANIA : SS. COUNTY OF On the d d day of 'Ser k"" her ,2004, before me, a Notary Public in and for the Commonwealth of Pennsylvania, the undersigned officer, personally appeared Crystal S. Blenderman, known to me (or satisfactory proven) to be one of the parties executing the foregoing instrument, and she acknowledges the foregoing instrument to be her free act and deed. IN WITNESS WHEREOF, I have hereunto set my hand and notarial seal the day and year first above written. ., . Mo\7o~ r.., AlNs.~_ I&. ,..~ n.p.: ~ PuIlIrc "."'Teo"..~EltpQ,~~_. ~u.iii" N~PUb~C ~ My Commission Expires: COMMONWE~TH OF PENNSYLVANIA COUNTY OFIYCLtJ...~ ~3 day of ~t Public in and for the Commonwealth of Pennsylvania, the undersigned officer, personally appeared David C. Blenderman, known to me (or satisfactory proven) to be on of the parties executing the foregoing instrument, and he acknowledges the foregoing instrument to be his free act and deed. : SS. On the , 2004, before me, a Notary IN WITNESS WHEREOF, I have hereunto set my hand and notarial seal the day and year first above written. Lu'Z ~(.J Notary Public My Commission Expires: NOTARIAL SEAL BARBARA STUMP, Notary Public Camp Hili Boro, CUmberland County My Commlnlon Expl.... Nov, 12. 2006 II -'-I ~:' '-i c - CRYSTAL S. BLENDERMAN, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYL VANIA VS. NO. 04-4559 DAVID C. BLENDERMAN, Defendant CIVIL ACTION - LAW IN DIVORCE PRAECIPE TO TRANSMIT RECORD UNDER ~ 3301 (c) OF THE DIVORCE CODE 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 ~ 3301 (c) of the Divorce Code. 2. Date and manner of service of the Complaint: (a) Date of service: September 18, 2004 (b) Manner of service: United States Mail. Affidavit of Service filed: September 23, 2004. 3. Date of execution of the Affidavit of Consent required by ~ 3301 (c) of the Divorce Code: (a) By the Plaintiff: January 10, 2005 (b) By the Defendant: January 10, 2005 4. Date of execution of Waiver of Notice of Intention to File Praecipe to Transmit Record: (a) By the Plaintiff: January 10,2005 (b) By the Defendant: January 10,2005 5. Related claims pending: NONE DATED: ),..., / oS Joanne rrison Clo Attorney ID No.3 24 N. 32"" Street Camp Hill, PA 1701l (717) 737-5890 Attorney for Plaintiff sqUIre -- c I......) "c) ,;",'.) ,:J" -n --J r'1 C;;J ," -.".; (",n c . . .. . . . . .. . .. . IN THE COURT OF COMMON PLEAS STATE OF . . . . . . . . . . . . . . ('RV~rp.aT. ~ RT F.NJ)lO'RM:I~bT . . . PLAINTIFF . . . VERSUS . . . . . . . . . . DAVTD C. Rr.F:NOF:RMAN DEIDID.'\N'J' . . . . . . . . . . . . . . . . . . . . . . AND NOW, OF CUMBERLAND COUNTY PENNA. No. G4- 4559 DECREE IN DIVORCE ~ , ,,- -."U() .r ~ , IT IS ORDERED AND DECREED THAT rRV<':'I'AT <': RTF:NnF:RMal\j , PLAINTIFF, AN D DAVID C. BLENDF:RMI\N , DEFENDANT, ARE DIVORCED FROM THE BONDS OF MATRIMONY. . . . . . . . THE COURT RETAINS JURISDICTION OF THE FOLLOWING CLAIMS WHICH HAVE . BEEN RAISED OF RECOr~ IN THIS ACTION FOR WHICH A FINAL ORDER HAS YET BEEN ENTERED; UOIA9 NOT . . . . . . . The tenus of the attached Marital Settlement Agreement . . . . . . . . . . . . . . . . . . . . . . . . . 2QQ4. are incmper3-tod by rcfcrc ATTEST: (j~~ (' . ----,r--- / PROTHONOTARY . . .. . . . . :of'" "''I' .. . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ties ;+: . . . . . . . . J. . . . . . . . . . . . .. ? -,27;7 ,"" ,..., ;?~,?::7 ;?..2?1 .. ,,' ,<P7f~ ~"1/ "'-.77-~-./ '::;7 '// . r 1//., /,:' ./ ~ ~.7-- "''Ii;' /"?(I9f__)l'-'''<:>~ , , - jl/. )/ >'J>'. //. .,--, c