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HomeMy WebLinkAbout02-0487JEFFREY G. CONWAY, Plaintiff VS. MYRA L. CONWAY, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW :NO. 2002- ?~/ CIVIL : 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 at the Cumberland County Court House, Carlisle, Pennsylvania. IF YOU DO NOT FILE A CLAIM FOR ALIMONY, MARITAL PROPERTY, COUNSEL FEES OR EXPENSES BEFORE THE FINAL DECREE OF DIVORCE OR ANNULMENT IS GRANTED, YOU MAY LOSE THE RIGHT TO CLAIM ANY OF THEM. YOU SHOULD TAKE THIS PAPER TO YOUR ATTORNEY AT ONCE. IF YOU DO NOT HAVE AN ATTORNEY 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 Telephone: (717) 249~3166 JEFFREY G. CONWAY, Plaintiff VS. MYRA L. CONWAY, Defendant · IN THE COURT OF COMMON PLEAS OF · CUMBERLAND COUNTY, PENNSYLVANIA · CIVIL ACTION - LAW · NO. 2002- /-/~ 7 CIVIL · IN DIVORCE .COMPLAINT UNDER SECTIONS 3301('C) _AND 3301(D) OF THE DIVORCE CODF 1. Plaintiff is Jeffrey G. Conway, an adult individual who currently resides at 7 Matthew Court, Carlisle, Cumberland County, Pennsylvania. 2. Defendant is Myra L. Conway, an adult individual who currently resides at 5226 Cobblestone Drive, Mechanicsburg, Cumberland County, Pennsylvania. 3. Plaintiff and Defendant have been bona fide residents in the Commonwealth of Pennsylvania for at least six months immediately previous to the filing of this Complaint. 4. The Plaintiff and Defendant were married on September 21, 1993 in St. Thomas, Virgin Islands. 5. There have been no prior actions of divorce or for annulment between the parties. 6. The marriage is irretrievably broken. 7. The Plaintiff has been advised of the availability of counseling and that he may have the right to request that the court require the parties to participate in counseling. 8. Plaintiff requests the court to enter a decree of divorce. WHEREFORE, the Plaintiff requests the court to enter a decree of divorce in favor of the Plaintiff and against the Defendant. Respectfully submitted, O'BRIEN, BARIC & SCHERER Robert L. O'Brien, Esquire Attorney for Plaintiff I.D. # 28351 17 West South Street Carlisle, Pennsylvania 17013 (717) 249-6873 rlo.dir/domestic/conway.com I verify that the statements made in this Complaint are true and correct. understand that false statements herein are made subject to the penalties of 18 Pa. C.S. § 4904, relating to unsworn falsification to authorities. Date: / -.,z ~ - ~ ?...-' ~-0 m~o o o Z 0 JEFFREY G. CONWAY, Plaintiff VS. MYRA L. CONWAY, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA · NO. 2002-487 CIVIL TERM · CIVIL ACTION - LAW IN DIVORCE AFFIDAVIT OF CONSENT, ACCEPTANCE OF SERVICE AND WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF DIVORCE DECREE UNDER SECTION 3301(C) OF THE DIVORCE CODE 1. A complaint in divorce under Section 3301(C) of the Divorce Code was filed on January 28, 2002. 2. Defendant acknowledged receipt and accepted service of the Complaint on February 7, 2002. 3. The marriage of the Plaintiff and Defendant is irretrievably broken and ninety days have elapsed from the date of the filing of the Complaint. 4. I consent to the entry of a final decree in divorce without notice. 5. 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. 6. 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. 7. I have been advised of the availability of marriage counseling and understand that I may request that the court require counseling. I do not request that the court require counseling. 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: ~{~ffre~ G. Conway ~"~~ JEFFREY G. CONWAY, Plaintiff MYRA L. CONWAY, VS. Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : : NO. 2002- 487 CIVIL TERM : CIVIL ACTION - LAW : : IN DIVORCE AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under ~3301(c) of the Divorce Code was filed on January 28, 2002. 2. The marriage of plaintiff and defendant is irretrievably broken and ninety days have elapsed from the date of filing and service of the Complaint. 3. I consent to the entry of a final Decree in Divorce after service of notice of intention to request entry of the Decree. I verify that the statements made in this Affidavit are true and correct to the best of my knowledge, information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. 4904 relating to unsworn falsification to authorities. SAIDIS SHUFF, FLOWER & LINDSAY ATroI//~YS*AT*LAW 2~ W. tligh Street Carlisle, PA JEFFREY G. CONWAY, Plaintiff VS. MYRA L. CONWAY, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : : NO. 2002- 487 CIVIL TERM : CIVIL ACTION - LAW : : IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REQUEST .ENTRY OF A DIVORCE DECREE UNDEI~ ~3301(c) OF THE DIVORCE CODF 1. ~ consent to the entry of a final Decree of Divorce without notice. 2. I understand that I may lose rights concerning alimony, divisfon of property, lawyer's fees or expenses if I 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 to the best of my knowledge, information and belief. I understand that false statements herein are made subject to the of 18 Pa.C.S. 4904 relating to unswom falsification to authorities. - )~yra L.~C"on ,way,- [~efer~dant ~ SAIDIS SHUFF, FLOWER & LINDSAY .ATfORNEYe~AT*LAW 26 W. High Street Carlisle, PA JEFFREY G. CONWAY, Plaintiff VS. MYRA L. CONWAY, Defendant IN THE COURT OF COMMON PLEAS OF · CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 2002-487 CIVIL IN DIVORCE ACCEPTANCE OF SERVICF AND NOW, this. ? day of'~_.~C'x'Z~:Z~'~ , 2002, I, Myra L. Conway, Defendant above, hereby accept service of the Complaint in Divorce filed in the above case pursuant to Pa. R.C.P. 1920.4(e) and acknowledge receipt of a true and attested copy of said Complaint. /'-~ Myra L. L;onway ~ JEFFREY G. CONWAY, Plaintiff VS. MYRA L. CONWAY, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA · NO. 2002-487 CIVIL TERM · 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: Code. 1. Ground for divorce: irretrievable breakdown under Section 3301(c) of the Divorce 2. Date and manner of service of the Complaint: Defendant signed Acceptance of Service on February 7, 2002. 3. (complete either paragraph (a) or (b).) A. Date of execution of the affidavit of consent required by Section 3301(c) of the Divorce Code: by Plaintiff on May 21, 2002; and Defendant on May 15, 2002. B. (1) date of execution of the Plaintiff's Affidavit required by Section 3301(d) of the Divorce Code: N/A (2) date of service of the Plaintiff's Affidavit upon the Defendant: N/A 4. Related claims pending: None. 5. Indicate date and manner of service of the notice of intention to file praecipe to transmit record, and attach a copy of said notice under section 3301(d)(1)(i) of the Divorce Code: None served as the parties signed the Waiver of Notice. (Defendant on May 15, 2002 and Plaintiff on May 21, 2002). Robert L. O'Brien, Esquire Attorney for Plaintiff, Jeffrey G. Conway 7~. 0,2 - MARRIAGE SETTLEMENT AGREEMENT THIS AGREEMENT, made this ~,C~ day of ¢:~,r~.'\ ,2002, by and between Jeffrey G. Conway, hereinafter called Husband, and Myra L. Conway, hereinafter called Wife; WITNESSETH: WHEREAS, Husband and Wife were lawfully married on September 21,1993 in St. Thomas, Virgin Islands; and WHEREAS, differences have arisen between Husband and Wife in consequence of which they have determined to live separate and apart from each other and have consented to a mutual consent divorce; and WHEREAS, Husband and Wife desire to settle and determine their rights and obligations, including the settling of their property rights and other rights and obligations growing out of their marriage in accordance with the provisions of the Divorce Code of Pennsylvania. NOW, THEREFORE, the parties, intending to be legally bound hereby, agree as follows: 1. Separation. It shall be lawful for each party at all times hereafter to live separate and apart from the other at such place as he or she may from time to time choose or deem fit. The foregoing provision shall not be taken as admission on the of either party of the lawfulness or unlawfulness of the causes leading to them living apart. Each party shall be free from interference, authority and control, direct or indirect, by the other as fully as if he or she were single and unmarried. Neither shall molest the other or compel or endeavor to compel the other to cohabit or dwell with him or her. 2. Division of Property. The parties have divided between them, the personal effects, tools, equipment, household furniture and furnishings, and other articles of personal property which have heretofore been used by them, individually or in common. A list of the items removed from the marital residence by the Wife is attached as exhibit "A". All items remaining in the marital home shall be deemed the sole property of Husband. The parties' residence located at 7 Matthew Court, Carlisle, Pennsylvania, shall become the sole and separate property of Husband. Husband shall assume and be fully responsible for the real estate taxes, utilities, mortgage payments and other expenses for the property. Husband shall refinance the existing mortgage within 45 days of the date of this Agreement so that Wife is no longer liable thereon. On the day of the refinance, Wife will tender to Husband a Special Warranty Deed, prepared by Husband, transferring her interest in the home to Husband. Upon delivery of the Deed, Husband shall pay to Wife $32,388.00. The parties acknowledge that upon the payment of the aforesaid sum to the Wife that she will have received $136,293.00 and Husband $90,862.00, of the total marital assets. The income tax refund for the 2001 tax year will be equally divided. 2 Each party shall retain his/her pension/retirement accounts and they agree that they will each sign any documentation reasonably requested to release and extinguish any interest that they may have in the other's accounts(s). 3. Alimony and Spousal Support. Neither party will pay alimony and/or spousal support to the other. 4. Debts. Except for the debts and obligations created hereunder, each party agrees to pay and hereby agrees to hold the other harmless from any and all personal debts and obligations incurred by him or her subsequent to the date of separation which occurred in January, 2002. If any claim, action or proceeding is hereafter brought seeking to hold the other party liable on account of such debts or obligations, each party will at his or her sole expense defend the other party against any such claim, action or proceedings, whether or not well-founded, and indemnify the other party against any loss or liability resulting therefrom. Each party agrees to pay and hold the other harmless from any and all credit cards held by each party in his/her name alone. 5. Equitable Property. This Agreement constitutes an equitable division of the marital property. The parties have determined that the division of this property conforms with regard to the rights of each party. The division of existing marital property is not intended by the parties to constitute in any way a sale or exchange of assets, and the division is being effectuated without the introduction of outside funds or other property not constituting the matrimonial estate. Each party hereby acknowledges that this Agreement adequately provides for his or her needs and is in his or her best interest, and that the agreement is not the result of any fraud or undue influence exercised by either party upon the other or by any other person or persons upon either party. Both parties hereby waive the following procedural rights: A. The right to obtain an inventory and appraisement of all marital and separate property as defined by the Pennsylvania Divorce Code. B. The right to obtain an income and expense statement of the other party as provided by the Pennsylvania Divorce Code. C. The right to have the court determine which property is marital and which in non-marital, and equitably distribute between the parties that property which the court determines to be marital. D. The right to have the court decide any other rights, remedies, privileges, or obligations covered by this Agreement, including but not limited to )ossible claims for divorce, spousal support, alimony, alimony pendente lite (temporary alimony), and counsel fees, costs and expenses. 6. Mutual Release. Husband relinquishes his inchoate intestate right in the estate of Wife, and Wife relinquishes her inchoate intestate right in the estate of Husband, and each of the parties hereto by these presents, for himself or herself, his or her heirs, executors, administrators or assigns, does remise, release, quit-claim and forever discharge the other party hereto, his or her heirs, executors, administrators or assigns, or any of them, of any and all claims, demands, damages, actions, causes of action or suits at law or in equity, of whatsoever kind or nature, for or because of any matter or thing done, admitted, or suffered to be done by said other party prior to and including the date hereof; further, the parties hereto have been advised by their legal representatives, respectively, of all their rights under the Pennsylvania Divorce Code, and such rights as are not specifically incorporated herein are hereby expressly waived. Notwithstanding the foregoing language of this paragraph, this release shall in no way exonerate or discharge either party hereto from the obligations and promises made and imposed by reason of this Agreement and shall in no way affect any cause of action in absolute divorce which either party may have against the other. 7. Release of All Claims. Each party, except as otherwise provided for in this Agreement, releases the other from all claims, liabilities, debts, obligations, actions and causes of action of every kind that have been incurred, or may be incurred, relating to or arising from the marriage between the parties, including waiving any claim to their respective pensions or retirement accounts. However, neither party is relieved or discharged from any obligations under this Agreement or under any instrument or document executed pursuant to this Agreement. 8. Breach. If either party breaches any provision of this Agreement, the other party shall have the right, at his or her election, to sue for damages for such breach, and seek any other remedy allowed in law or equity. The party breaching this contract shall be responsible for the payment of legal fees and costs incurred by the other in 5 enforcing his or her rights under this Agreement, or seeking such other remedy or relief as may be available to him or her. Waiver by one party of any breach of this Agreement by the other party shall not be deemed a waiver of any subsequent, similar breach or other breaches. 9. Full Disclosure. Husband and Wife each represent and warrant 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 such party has an interest, of the source and amount of the income of such party of every type whatsoever and all other facts relating to the subject matter of this Agreement. 10. Divorce. This Agreement shall not be construed to affect or bar the right of either Husband or Wife to a true and absolute divorce on legal and truthful grounds as they now exist or may hereafter arise. It is understood, however, that Husband, as of the signing of this Agreement, has filed an action in divorce in the Court of Common Pleas of Cumberland County, in which he alleges that the marriage is irretrievably broken. Both parties understand and agree that Husband shall pursue said divorce on the grounds that the marriage is irretrievably broken, and that both parties will execute, deliver and file the necessary affidavits and all other petitions or documents necessary to effectuate the divorce pursuant to Section 3301C of the Divorce Code. Wife agrees that the marriage is irretrievably broken. 6 11. Representation of Parties by Counsel. Each party has had the opportunity to have legal counsel to represent each of them in the negotiation and preparation of this Agreement and has either been so represented or has voluntarily chosen not to be represented. Each party has carefully read this Agreement and is completely aware, not only of its contents, but also of its legal effect. 12. Additional Instruments. Each of the parties shall on demand or within a reasonable period thereafter, execute and deliver any and all other documents and do or cause to be done any other act or thing that may be necessary or desirable to effectuate the provisions and purposes of this Agreement. If either party fails on demand to comply with the provision, that party shall pay to the other all attorneys' fees, costs and other expenses reasonably incurred as a result of such failure. 13. Modification and Waiver. Modification or waiver of any provision of this Agreement shall be effective only if made in writing and executed with the same formality as this Agreement. The failure of either party to insist upon strict performance of any of the provisions of this Agreement shall not be construed as a waiver of any subsequent default of the same or similar nature. 14. Descriptive Headings. The descriptive headings used herein are for convenience only. They shall have no effect whatsoever in determining the rights or obligations of the parties. 15. Successors and Assi,qns. This Agreement, except as otherwise expressly provided herein, shall be binding upon and shall inure to the benefit of the respective legatees, devisees, heirs, executors, administrators, assignees and successors in interest to the parties. 16. _Governin.q Law. This Agreement shall be governed by and shall be construed in accordance with the laws of the Commonwealth of Pennsylvania. 17. Order of Court With the approval of any court of competent jurisdiction in which any divorce proceeding may now be pending or which may hereafter be instituted, this Agreement shall be incorporated in any decree of absolute divorce which may be passed by said court. In the event the court shall fail or decline to incorporate this agreement or any provisions thereof in said decree, then and in that event the parties, for themselves and their respective heirs, personal representatives and assigns, agree that they will nevertheless abide by and carry out all of the provisions thereof. It is further agreed that regardless of whether said agreement or any part thereof is incorporated in any such decree, the same shall not be merged in said decree, but said agreement and all the terms thereof shall continue to be binding upon the parties and their respective heirs, personal representatives and assigns. IN WITNESS WHEREOF, intending to be legally bound hereby, the parties hereto have hereunto set their hands and seals the day and year first above written. WITNESS:  L ~~SEAL COMMONWEALTH OF Pennsylvania : : SS. COUNTY OF Cumberland : AND NOW, this ~,,~0 day of 0,~ ,2002, before me, the undersigned officer, personally appeared Jeffrey G. Conway, known to me (or satisfactorily proven) to be the person whose name is subscribed to the within instrument, and acknowledged that he executed same for the purposes therein contained. IN WITNESS WHEREOF, I hereunto set my hand and official seal. Notarial Seal Je ~r~:,fer S. Li~,dsay, Notary Public Cr~disie Boro, Cumberland County My Commission Expires Nov. 29, 2003 ~ Member, Pennsy[vaniaAssociation ot Notaries COMMONWEALTH OF Pennsylvania : .' SS. COUNTY OF Cumberland : oAf~ NOW, this,,/5'- day of ~ ,2002, before me, the undersigned racer, personally appeared Myra L. Conway, known to me (or satisfactorily proven) to be the person whose name is subscribed to the within instrument, and acknowledged that she executed same for the purposes therein contained. IN WITNESS WHEREOF, I hereunto set my hand and official seal. J NOTARIAL SEAL ~ RENEE L MURRAY, Notecy ~ub Io L~Y Commission ExDIr~l~ Oe~eml~er 1 a, ~o051 IN The COURT OF COMMON PLEAS OF CUMBERLAND COUNTY STATE OF ..~~. PENNA. JEFFREY G. CONWAY~ PLAINTIFF VERSUS MYRA L. CONWAY, DEFENDANT NO. 2002-487 CIVIL AND NOW, DECREED THAT AND DECreE iN DIVORCE /~ ~a ,2002 ~FFREY G. CONWAY MYRA L. CONWAY · 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' MARRIAGE SETTLEMENT AGREEMENT DATED APRIL 30~ 2002 IS HEREBY ENTERED AND MADE A FINAL ORDER OF COURT. by Ti~ ATTEST: PROTHONOTARY JEFFREY G. CONWAY, Plaintiff VS, MYRA L. CONWAY, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2002-487 CIVIL TERM · CIVIL ACTION - LAW IN DIVORCE AFFIDAVIT OF CONSENT, ACCEPTANCE OF SERVICE AND WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF DIVORCE DECREE UNDER SECTION 3301(C) OF THE DIVORCE CODE 1. A complaint in divorce under Section 3301(C) of the Divorce Code was filed on January 28, 2002. 2. Defendant acknowledged receipt and accepted service of the Complaint on February 7, 2002. 3. The marriage of the Plaintiff and Defendant is irretrievably broken and ninety days have elapsed from the date of the filing of the Complaint. 4. I consent to the entry of a final decree in divorce without notice. 5. 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. 6. 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. 7. I have been advised of the availability of marriage counseling and understand that I may request that the court require counseling. I do not request that the court require counseling. 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: --4"/~- ~/d'~-'~ SAIDIS SHUFF, FLOWER & LINDSAY ATIDRI~YS*AT*LAW 26 W. High Street Carlisle, PA JEFFREY G. CONWAY, Plaintiff MYRA L. CONWAY, VS. Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : : NO. 2002- 487 CIVIL TERM : CIVIL ACTION - LAW : : IN DIVORCE AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under ~3301(c) of the Divorce Code was filed on January 28, 2002. 2. The marriage of plaintiff and defendant is irretrievably broken and ninety days have elapsed from the date of filing and service of the Complaint. 3. I consent to the entry of a final Decree in Divorce after service of notice of intention to request entry of the Decree. I verify that the statements made in this Affidavit are true and correct to the best of my knowledge, information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. 4904 relating to unsworn falsification to authorities. SAIDIS SHUFF, FLOWER & LINDSAY AT')RIalS*AT*LAW 26 W. High Street Carlisle, PA JEFFREY G. CONWAY, Plaintiff VS. MYRA L. CONWAY, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : : NO. 2002- 487 CIVIL TERM : CIVIL ACTION - LAW : : IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER (j3301[c) OF THE DIVORCE CODF 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 I 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 to the best of my knowledge, information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. 4904 relating to unsworn falsification to authorities. · ~-~ra L.~C'on ,way,- I~ef~er~dant ~ JEFFREY G. CONWAY, Plaintiff VS. MYRA L. CONWAY, Defendant IN THE COURT OF COMMON PLEAS OF · CUMBERLAND COUNTY, PENNSYLVANIA · CIVIL ACTION - LAW NO. 2002-487 CIVIL IN DIVORCE ACCEPTANCE OF SERVICF AND NOW, this ? day of -'~_~',~'Z(:bf'./~L , 2002, I, Myra L. Conway, Defendant above, hereby accept service of the Complaint in Divorce filed in the above case pursuant to Pa. R.C.P. 1920.4(e) and acknowledge receipt of a true and attested copy of said Complaint. Myra L. ~'onway ~ JEFFREY G. CONWAY, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA VS. MYRA L. CONWAY, Defendant NO. 2002-487 CIVIL TERM 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: 1. Ground for divorce: irretrievable breakdown under Section 3301(c) of the Divorce Code. 2. Date and manner of service of the Complaint: Defendant signed Acceptance of Service on February 7, 2002. 3. (complete either paragraph (a) or (b).) A. Date of execution of the affidavit of consent required by Section 3301(c) of the Divorce Code: by Plaintiff on May 21, 2002; and Defendant on May 15, 2002. B. (1) date of execution of the Plaintiff's Affidavit required by Section 3301(d) of the Divorce Code: N/A (2) date of service of the Plaintiff's Affidavit upon the Defendant: N/A 4. Related claims pending: None. 5. Indicate date and manner of service of the notice of intention to file praecipe to transmit record, and attach a copy of said notice under section 3301(d)(1)(i) of the Divorce Code: None served as the parties signed the Waiver of Notice. (Defendant on May 15, 2002 and Plaintiff on May 21, 2002). Robert L. O'Brien, Esquire Attorney for Plaintiff, Jeffrey G. Conway III ! 7~. 02 - MARRIAGE SETTLEMENT AGREEMENT THIS AGREEMENT, made this 3e, day of ,z~.,;..'\ ,2002, by and between Jeffrey G. Conway, hereinafter called Husband, and Myra L. Conway, hereinafter called Wife; WITNESSETH: WHEREAS, Husband and Wife were lawfully married on September 21,1993 in St. Thomas, Virgin Islands; and WHEREAS, differences have arisen between Husband and Wife in consequence of which they have determined to live separate and apart from each other and have consented to a mutual consent divorce; and WHEREAS, Husband and Wife desire to settle and determine their rights and obligations, including the settling of their property rights and other rights and obligations growing out of their marriage in accordance with the provisions of the Divorce Code of Pennsylvania. NOW, THEREFORE, the parties, intending to be legally bound hereby, agree as follows: 1. Separation. It shall be lawful for each party at all times hereafter to live separate and apart from the other at such place as he or she may from time to time choose or deem fit. The foregoing provision shall not be taken as admission on the of either party of the lawfulness or unlawfulness of the causes leading to them living apart. Each party shall be free from interference, authority and control, direct or indirect, by the other as fully as if he or she were single and unmarried. Neither shall molest the other or compel or endeavor to compel the other to cohabit or dwell with him or her. 2. Division of Property. The parties have divided between them, the personal effects, tools, equipment, household furniture and furnishings, and other articles of personal property which have heretofore been used by them, individually or in common. A list of the items removed from the marital residence by the Wife is attached as exhibit "A". All items remaining in the marital home shall be deemed the sole property of Husband. The parties' residence located at 7 Matthew Court, Carlisle, Pennsylvania, shall become the sole and separate property of Husband. Husband shall assume and be fully responsible for the real estate taxes, utilities, mortgage payments and other expenses for the property. Husband shall refinance the existing mortgage within 45 days of the date of this Agreement so that Wife is no longer liable thereon. On the day of the refinance, Wife will tender to Husband a Special Warranty Deed, prepared by Husband, transferring her interest in the home to Husband. Upon delivery of the Deed, Husband shall pay to Wife $32,388.00. The parties acknowledge that upon the payment of the aforesaid sum to the Wife that she will have received $136,293.00 and Husband $90,862.00, of the total marital assets. The ~ncome tax refund for the 2001 tax year will be equally divided. Each party shall retain his/her pension/retirement accounts and they agree that they will each sign any documentation reasonably requested to release and extinguish any interest that they may have in the other's accounts(s). 3. Alimony and Spousal Support. Neither party will pay alimony and/or spousal support to the other. 4. Debts. Except for the debts and obligations created hereunder, each party agrees to pay and hereby agrees to hold the other harmless from any and all personal debts and obligations incurred by him or her subsequent to the date of separation which occurred in January, 2002. If any claim, action or proceeding is hereafter brought seeking to hold the other party liable on account of such debts or obligations, each party will at his or her sole expense defend the other party against any such claim, action or proceedings, whether or not well-founded, and indemnify the other party against any loss or liability resulting therefrom. Each party agrees to pay and hold the other harmless from any and all credit cards held by each party in his/her name alone. 5. Equitable Property. This Agreement constitutes an equitable division of the parties' marital property. The parties have determined that the division of this property conforms with regard to the rights of each party. The division of existing marital property is not intended by the parties to constitute in any way a sale or exchange of assets, and the division is being effectuated without the introduction of outside funds or other property not constituting the matrimonial estate. 3 Each party hereby acknowledges that this Agreement adequately provides for his or her needs and is in his or her best interest, and that the agreement is not the result of any fraud or undue influence exercised by either party upon the other or by any other person or persons upon either party. Both parties hereby waive the following procedural rights: A. separate property as defined by the Pennsylvania Divorce Code. B. The right to obtain an income and expense statement of the other party as provided by the Pennsylvania Divorce Code. C. The right to have the court determine which property is marital and which in non-marital, and equitably distribute between the parties that property which the court determines to be marital. D. The right to have the court decide any other rights, remedies, privileges, or obligations covered by this Agreement, including but not limited to possible claims for divorce, spousal support, alimony, alimony pendente lite (temporary alimony), and counsel fees, costs and expenses. 6. Mutual Release. Husband relinquishes his inchoate intestate right in the estate of Wife, and Wife relinquishes her inchoate intestate right in the estate of Husband, and each of the parties hereto by these presents, for himself or herself, his or her heirs, executors, administrators or assigns, does remise, release, quit-claim and forever discharge the other party hereto, his or her heirs, executors, administrators or 4 The right to obtain an inventory and appraisement of all marital and assigns, or any of them, of any and all claims, demands, damages, actions, causes of action or suits at law or in equity, of whatsoever kind or nature, for or because of any matter or thing done, admitted, or suffered to be done by said other party prior to and including the date hereof; further, the parties hereto have been advised by their legal representatives, respectively, of all their rights under the Pennsylvania Divorce Code, and such rights as are not specifically incorporated herein are hereby expressly waived. Notwithstanding the foregoing language of this paragraph, this release shall in no way exonerate or discharge either party hereto from the obligations and promises made and imposed by reason of this Agreement and shall in no way affect any cause of action in absolute divorce which either party may have against the other. 7. Release of All Claims. Each party, except as otherwise provided for in this Agreement, releases the other from all claims, liabilities, debts, obligations, actions and causes of action of every kind that have been incurred, or may be incurred, relating to or arising from the marriage between the parties, including waiving any claim to their respective pensions or retirement accounts. However, neither party is relieved or discharged from any obligations under this Agreement or under any instrument or document executed pursuant to this Agreement. 8. Breach. If either party breaches any provision of this Agreement, the other party shall have the right, at his or her election, to sue for damages for such breach, and seek any other remedy allowed in law or equity. The party breaching this contract shall be responsible for the payment of legal fees and costs incurred by the other in enforcing his or her rights under this Agreement, or seeking such other remedy or relief as may be available to him or her. Waiver by one party of any breach of this Agreement by the other party shall not be deemed a waiver of any subsequent, similar breach or other breaches. 9. Full Disclosure. Husband and Wife each represent and warrant 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 such party has an interest, of the source and amount of the income of such party of every type whatsoever and all other facts relating to the subject matter of this Agreement. 10. Divorce. This Agreement shall not be construed to affect or bar the right of either Husband or Wife to a true and absolute divorce on legal and truthful grounds as they now exist or may hereafter arise. It is understood, however, that Husband, as of the signing of this Agreement, has filed an action in divorce in the Court of Common Pleas of Cumberland County, in which he alleges that the marriage is irretrievably broken. Both parties understand and agree that Husband shall pursue said divorce on the grounds that the marriage is irretrievably broken, and that both parties will execute, deliver and file the necessary affidavits and all other petitions or documents necessary to effectuate the divorce pursuant to Section 3301C of the Divorce Code. Wife agrees that the marriage is irretrievably broken. 6 11. Representation of Parties by Counsel. Each party has had the opportunity to have legal counsel to represent each of them in the negotiation and preparation of this Agreement and has either been so represented or has voluntarily chosen not to be represented. Each party has carefully read this Agreement and is completely aware, not only of its contents, but also of its legal effect. 12. Additional Instruments. Each of the parties shall on demand or within a reasonable period thereafter, execute and deliver any and all other documents and do or cause to be done any other act or thing that may be necessary or desirable to effectuate the provisions and purposes of this Agreement. If either party fails on demand to comply with the provision, that party shall pay to the other all attorneys' fees, costs and other expenses reasonably incurred as a result of such failure. 13. Modification and Waiver. Modification or waiver of any provision of this Agreement shall be effective only if made in writing and executed with the same formality as this Agreement. The failure of either party to insist upon strict performance of any of the provisions of this Agreement shall not be construed as a waiver of any subsequent default of the same or similar nature. 14. Descriptive Headings. The descriptive headings used herein are for convenience only. They shall have no effect whatsoever in determining the rights or obligations of the parties. 15. Successors and Assigns. This Agreement, except as otherwise expressly provided herein, shall be binding upon and shall inure to the benefit of the respective legatees, devisees, heirs, executors, administrators, assignees and successors in interest to the parties. 16. Governing Law. This Agreement shall be governed by and shall be construed in accordance with the laws of the Commonwealth of Pennsylvania. 17. Order of Court. With the approval of any court of competent jurisdiction in which any divorce proceeding may now be pending or which may hereafter be instituted, this Agreement shall be incorporated in any decree of absolute divorce which may be passed by said court. In the event the court shall fail or decline to incorporate this agreement or any provisions thereof in said decree, then and in that event the parties, for themselves and their respective heirs, personal representatives and assigns, agree that they will nevertheless abide by and carry out all of the provisions thereof. It is further agreed that regardless of whether said agreement or any part thereof is incorporated in any such decree, the same shall not be merged in said decree, but said agreement and all the terms thereof shall continue to be binding upon the parties and their respective heirs, personal representatives and assigns. IN WITNESS WHEREOF, intending to be legally bound hereby, the parties hereto have hereunto set their hands and seals the day and year first above written. WITNESS: ~ffrey Conw ~fra L. Conway ~ COMMONWEALTH OF Pennsylvania : : SS. COUNTY OF Cumberland : AND NOW, this ~.,4)0 day of 0,~ ,2002, before me, the undersigned officer, personally appeared Jeffrey G. Conway, known to me (or satisfactorily proven) to be the person whose name is subscribed to the within instrument, and acknowledged that he executed same for the purposes therein contained. IN WITNESS WHEREOF, I hereunto set my hand and official seal. o~r~/15ublic U Jeno:fer S Li~,dsay, N.otar,y~u¥~t,, fay ~missiO~ Expires Nov. 29, 20ob ~ ~ber, Pennsytv~ia ~i¢ion ot Notaries COMMONWEALTH OF Pennsylvania : : SS. COUNTY OF Cumberland : AND NOW, this /5- day of /'~L_ ,2002, before me, the undersigned officer, personally appeared Myra L. Co-' - nway, known to me (or satisfactorily proven) to be the person whose name is subscribed to the within instrument, and acknowledged that she executed same for the purposes therein contained. IN WITNESS WHEREOF, I hereunto set my hand and official seal. lMy NOTARIAL SEAL RENEE L, MURRAY, Notllry IN THE COURT Of COMMON PLEAS OF CUMBERLAND COUNTY STATE OF ~ PENNA. JEFFREY G. CONWAYt PLAINTIFF VERSUS MYRA L. CONWAY, DEFENDANT NO. 2002-487 CIVIL AND NOW, DECREED THAT AND DECREE IN DIVORCE ~EFFREY G. CONWAY MYRA L. CONWAY 2002 , 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 PARTIE ' R DATED A R 2 IS HEREBY ENTERED AND MADE A ORDER OF COURT. BY T~F~ J. PROTHONOTARY NATALIE J. MARK H. CAMPISI, Plaintiff VS. CAMPISI, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION NO. 02-613 CIVILTERM accepted PRAEClPE TO TRANSMIT RECORD To the Prothonotary: Transmit the record, together with the following information to the court for entry of a divorce decree: 1. Ground for divorce: Irretrievable breakdown under §3301(c) ~ of the Divorce Code. (Strike out inapplicable section). Date and manner of service of the complaint: February 1 2, 2002, Defendant personal service. Complete either paragraph (a) or (b). (a) Date of execution of the affidavit of consent required by §3301 (c) of the Divorce Code: by plaintiff May 15, 2002 ; by defendant May 15, 2002 (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. 5. 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: Nay 17, 2002 Date defendant's Waiver of Notice in §3301 (c) Divorce was filed with the Prothonotary: Nay 17, 20{32;;: Attorney for Plaintiff / Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY NATALIE J. STATE OF CAMP~SI, Plaintiff MARK H. VERSUS CAMPISIt Defendant PENNA. 02-613 AND NOW, DECREED THAT AND DECREE IN DIVORCE NATALIE J. CAMPISI MARK H. CAMPISI ARE DIVORCED FROM THE BONDS OF MATRIMONY. , IT iS ORDERED AND PLAINTIFF, , DEFENDANT, 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 attached Property Settlement Agreement, executed by the By Div°~ TH~ ATTEST: p_g_rties on Februar~ shall merged, into this Decree in )orated but not PROTHONOTARY .PROPERTY SETTLEMENT AGREEMENi' THIS AGREEMENT, by and between MARK H. CAMPISI, of 1206 East Powderhorn, Mechanicsburg, Cttrnberland County, Pennsylvania (hereinafter, the "Husband") and NATALIE J. CAMPISI, of 5550 Westhury Drive, Enola, Cumberland County, Pennsylvania (herinafter, the~ "Wife"), who agree as follows: WITNESSETH: WHE1LEAS, Husband and Wife entered into a marriage on or about ugusg:~, 1 ~2, ' Carlisle, Cumberland County, Pennsylvania; .~.-. WHEREAS, Husband and Wife are the lawful parents of two (2) adult children; WHEREAS, differences have arisen between Husband and Wife in consequence of which they desire to live separate and apart from each other; WHEREAS, Wife filed a Complaint for Divorce on or about February 5, 2002, which is docketed in the Court of Common Pleas for Cumberland County, Pennsylvania (No. 02-613); WHEREAS, Husband and Wife desire by means of the within Agreement to settle and determine all of their rights and obligations to one another under the Divorce Code of 1980, as amended. NOW THEREFORE, in consideration of the promises and covenants contained herein, and intending to be legally bound, it is agreed by and between the parties hereto that: 1. ~Seoaration~ It shall be lawful for each party at all times hereafter to live separate and apart from each other at such place as he or she from time to time shall choose or deem fit. They shall be free from any interference, direct or indirect, by the other in ail respects as fully as Page I of 10 if they were unmarried. They shall not harass, disturb or malign each other or the respective families of each other. The foregoing provision shall not be taken as an admission on the part of either party of the lawfulness or unlawfulness of the causes leading to their living apart. 2. _Entry as Part of Decree. An action seeking the dissolution of the marriage is pending in a court of competent jurisdiction. The parties hereby agree to execute the Affidavits of Consent for divorce and Waivers of Notice of Intention to Request Entry of a Divorce Decree at the earliest possible date. The parties acknowledge the availability of counseling and both parties have waived their right to counseling. It is the intention of the parties that this Agreement shall survive any action for divorce which may be instituted or prosecuted by either party and no order, judgment or decree or divorce, temporary, final or permanent, shall affect or modify the financial terms of this Agreement. This Agreement shall be incorporated, but not merged, in any final Decree in Divorce. 3. Mutual Releas~. Except, and only except, for all rights, agreements and obligations of whatsoever nature arising under or which may arise under this Agreement or for the breach of any part of this Agreement, Husband and Wife each do hereby mutually remise, release, quitclaim, and forever discharge the other and the estate of the other, for all time to come, and for all purposes whatsoever, of and from any and all rights, title and interest, or claim in or against the property of the other or against the estate of the other, of whatever nature and wheresoever situate, which he or she now has or at any time hereafter may have against the other, the estate of the other or any party thereof. Except, and only except, for all rights, agreements and obligations of whatsoever nature arising under or which may arise under this Agreement or Page 2 of 10 for the breach of any part of this Agreement, it is the intention of Husband and Wife to give to each other by the execution of this Agreement a full, complete and general release with respect to any and all property of any kind or nature, whether real, personal or mixed, which the other now owns or may hereafter acquire. 4. Waiver of Claims under the Divorce Code of 1980, as amended, IneludingL but not limited to, Claims for Spousal Support, Alimony, A.P.L., Attorney's Fees, et,.: Each party absolutely and unconditionally releases the other and the estate of the other from any and all fights and obligations which either may have for past, present, and/or future obligations arising under the Divorce Code of 1980, as amended, including, but not limited to claims for support for himself or herself, spousal support, alimony pendente lite, temporary and/or permanent alimony, counsel fees or expenses from the other party. 5. Warranty of Disclosure. Husband and Wife each represent and warrant 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 such party of every type whatsoever and all other facts relating to the subject matter of this Agreement. The parties waive their respective rights under the Divorce Code of 1980, as amended, to obtain formal valuations and appraisals and to engage in formal discovery to identify and value all property owned individually or jointly by a party. Each party has had ample opportunity to review the financial condition of the other and each party agrees not to challenge the instant Agreement based on an allegation of lack of sufficient disclosure of assets, debts or income. 6. Duty of Cooperation. The parties shall mutually cooperate with each other in Page 3 of 10 °rder to carry through the terms of this Agreement. Within ten (10) days after demand therefore, the party shall execute and deliver to the other any deeds, bills of sale, assignment, consents to change of beneficiary on insurance policies, tax returns and other documents and do or cause to be done in any other act or thing that may be necessary or desirable to the provisions and purposes of this Agreement. 7. Breach of Agreement. In the event that either party breaches any provision of this Agreement, the non-breaching party may seek to enforce this Agreement in a court of law or equity, and, if a breach of the Agreement is established in a court of law or equity, the breaching party shall pay the non-breaching party damages for said breach, if any, and all reasonable attorney's fees, court costs and expenses which are incurred by the non-breaching party in enforcing the Agreement. 8. Personal Property. Husband and Wife have previously agreed to the distribu- tion of all items of personal property, including, but not limited to, accounts and household goods. Except as provided herein, Husband agrees that all such property in the possession of Wife shall be the sole and separate property of Wife and Wife agrees that all such property in the possession of Husband shall be the sole and separate property of Husband. Each of the parties does hereby specifically waive, release and renounce any further claims with respect to said items. Notwithstanding the above, the parties agree that Husband shall have reasonable visitation rights with respect to the parties' dog, Keesha, who shall remain in the possession of Wife. 9. _Waiver of Right to Share in Retirement Benefit.,. The parties hereby waive, Page 4 of 10 relinquish and release any and all claims and rights either may have or ever had, presently has, or may in the future acquire, in and to any and all retirement benefits titled in either parties' individual name, whenever acquired, including, without limitation, any and all pension and profit sharing plans, Keoughs, 401 (K)'s, I.R.A.s and any and all other assets of like kind and character, and any appreciation in the value thereof, whether due to market conditions or the direct or indirect contributions or efforts of either party. 10. Marital Debts. Wife agrees to assume full responsibility for the following marital debts: Nature of Debt Approximate Amount CapitalOne $ 11,101.52 MBNA 9,888.89 AmefiChoice 5,969.56 Discover 3,000.00 Staples 1,148.00 Circuit City 964.03 Wife shall satisfy the aforementioned debts and/or remove Husband's name from the debts by July 3 l, 2002. Except as otherwise provided herein, each party agrees to assume full responsibil- ity for any and all debts in their individual name, regardless of whether the debt(s) is/are marital or non-marital. Each party agrees to indemnify and hold the other party harmless from any liability, cost or expense, including attorneys' fees, which are incurred in connection with such debt(s). 11. Other Debts. Wife represents and warrants to Husband that since the parties' 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 shall indemnify and save Husband Page 5 of 10 harmless from any and all claims or demands made against him by reason of debts or obligations incurred by her. Husband represents and warrants to Wife that since the parties' 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 shall indemnify and save Wife harmless from any and all claims or demands made against her by reason of debts or obligations incurred by him. 12. Insurance. Each party will be responsible for his/her own medical insurance. The parties further agree that Husband shall not be responsible for securing and/or paying any automobile insurance for vehicles owned by or titled in the name of Wife or the parties' adult children. 13. .Waivers of Claims Against Estate.*.. Except as herein otherwise provided, each party may dispose of his or her property in any way, and each party hereby waives and relin- quishes any and all rights he or she may now have or hereafter acquire, under the present or future laws of any jurisdiction, to share in the property or the estate of the other as a result of the marital relationship, including without limitation, dower, curtesy, statutory allowance, widow's allowance, right to take in intestacy, right to take against the Will of the other, and right to act as administrator or executor of the other's estate, and each will, to the request of the other, execute, acknowledge and deliver any and all instruments which may be necessary or advisable to carry into effect this mutual waiver and relinquishment of all such interests, rights and claims. 14. .Real Property. Husband agrees to transfer any title and interest he has in and to the marital real estate situated at 5550 Westbury Drive, Enola, Cumberland County, Pennsylva- nia, to Wife. Husband shall execute a deed prepared by Wife which will be held in escrow by a Page 6 of 10 settlement agent and/or title company until such time as the mortgage(s) is/are refinanced and Husband's name is released from the mortgage obligation(s). Wife agrees to refinance and cause Husband's name to be released on the mortgage obligation(s) within ninety (90) days from entry of a Decree of Divorce. Beginning on January 28, 2002, and continuing for a period of ninety (90) days thereafter, the parties agree to be equally responsible for all mortgage and home equity loan payments on the above-described real property, after which Wife shall be solely responsible for all costs, expenses or liabilities attributable and/or resulting from the above-described real property, including but not limited to all mortgage payments, real estate taxes, water and sewer rents, gas, electric, telephone service, insurance, repairs, and routine maintenance. If Wife is not able to obtain a release of Husband's name on the mortgage obligation(s), Wife must immediately list the above-described real property for sale with a mutually acceptable real estate agent at a mutually agreeable sale price. Wife must make reasonable efforts to sell the property, and the parties must mutually agree to the final sale price. Should the "profit" from the sale exceed $3,000, the parties will equally share in the "profit." If the "profit" does not exceed $3,000, or there is a "loss," Wife shall receive the "profit" or be fully responsible for the "loss." For purposes of this provision, a "profit" is the positive balance remaining after any mortgage(s), real estate commissions, taxes and other reasonable and necessary expenses or costs of sale have been paid and a "loss" is the negative balance remaining after any mortgage(s), real estate commissions, taxes and other reasonable and necessary expenses or costs of sale have been paid. 15. .Motor Vehicles. Wife agrees to transfer to Husband all rights, title, and interest Page 7 of 10 she may have in the Honda Passport and Honda Magna. Husband agrees to transfer to Wife all rights, title and interest he may have in the Nissan 240SX and Chevrolet Cavalier. The party obtaining possession of any vehicle under this Agreement shall be solely and exclusively responsible for any loan or encumbrance thereon, and that party agrees to indemnify and hold the other party harmless from any and all claims, demands, actions or judgments arising therefrom. 16. Advice of Counsel. It is recognized that the parties are being represented by Michael A. Koranda, Esquire. The parties jointly requested the services of this attorney because: (1) they had previously agreed to all of the terms and conditions referenced in this Agreement; (2) they desire a prompt resolution of this matter under the terms and conditions set forth in this Agreement; and (3) they desire to reduce the costs and expenses associated with this matter. Husband and Wife have been advised of the attorney's potential conflict of interest stemming from his simultaneous representation of the other spouse. Husband and Wife have been advised of their absolute right to seek the advise and counsel of another lawyer or law firm regarding this and any other claim which I may have in this matter. Understanding these rights, Husband and Wife have knowingly, willfully and voluntarily elected to utilize the services of Michael A. Koranda, Esquire, and have agreed to waive said attorney's potential conflict of interest so as to allow him to represent both parties simultaneously. The provisions of this Agreement and their legal effect have been fully explained to the parties by their attorney. The provisions of this Agreement are fully understood by the parties and the parties acknowledge that this Agreement is fair and equitable, that it is being entered into freely and voluntarily and that it is not the result of any duress or undue influence. Page 8 of 10 17. ~. In the event that either party becomes a debtor in any bankruptcy or financial reorganization proceeding 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, and the debtor-spouse hereby assigns, transfers, and conveys to the creditor-spouse an interest in all of the debtor's exempt property sufficient to meet all obligations to the creditor-spouse as set forth herein, including all attorney's 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 waives any and all right to assert that any obligation hereunder is discharged or dischargeable. 18. Effective A~reement, This Agreement shall bind the parties, their heirs, executors, administrators and assigns. 19. Entire AgreemenL 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. 20. Income Taxes. The parties have agreed to equally divide any income tax refund for tax year 2001. For tax year 2002, the parties agree that Wife shall be able to claim Jaret Campisi as a dependent and Husband shall be able to claim Austin Campisi as a dependent. For tax year 2003, and continuing every year thereafter, Wife shall be able to claim Jaret Campisi and Page 9 of 10 Austin Campisi as dependents, subject to the applicable Internal Revenue Service rules and regulations. 21. Modification and Waiver. Any modification or waiver of any provision of this Agreement shall be effective only if made in writing executed with the same formality as this Agreement. The failure of either party to insist upon strict performance of any of the provisions of this Agreement shall not be construed as a waiver of any subsequent default of the same or similar nature. 22. ~. This Agreement shall be governed by and shall be construed in accordance with the laws of the Commonwealth of Pennsylvania. 23. _Contract Interpretation. For purposes of interpretation and for the purpose of resolving any ambiguity herein, Husband and Wife agree that this Agreement was prepared jointly by the parties. IN WITNESS WHEREOF, the parties hereto, intending to be legally bound hereby, have hereunto set their hands and seals on the day and year first above written. WITNESS: MARK H. CAMPISI ! z,z. i NATALIE J. CAMPISI ' - Page 10 of 10 COMMONWEALTH OF PENNSYLVANIA COUNTY OF DAUPHIN ) ) SS.* On this, the ~.cox%% da y of '4-",~f3/[Oc~.,,~ ,2002, before me, a Not~ Public, personally appe~ed MA~ H. CAMPISI, ~o~ to me to be the person whose nme is subscribed to ~e ~in Prope~ Se~lement A~eement ~d ac~owledged ~at he executed the sine for ~e p~oses therein contained. ~ WI~ESS WHE~OF, I hereunto set my h~d ~d ~al seal. COMMONWEALTH OF PENNSYLVANIA COUNTY OF DAUPHIN ) ) SS.' ) On this, the _ ~-)g*D''' . day of_ ~eOC?,._~x/~_~ ,2002, before me, a Notary Public, personally appeared NATALIE J. CAMPISI, known to me to be the person whose name is subscribed to the within Property Settlement Agreement and acknowledged that she executed the same for the purposes therein contained. IN WITNESS WHEREOF, I hereunto set my hand and official seal.