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HomeMy WebLinkAbout04-5055 LOIS A. BLACKWELL, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 04 - soss Ciui.l J-~ JOHN W. BLACKWELL, Defendant Civil Action - 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 claim of 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 grounds 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 Courthouse, One Courthouse Square, Carlisle, Pennsylvania. IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY, LAWYER'S FEES OR EXPENSES BEFORE THE DIVORCE OR ANNULMENT IS GRANTED, YOU MAY LOSE THE RIGHT TO CLAIM ANY OF THEM. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE, PA 17013 (717) 249-3166 v. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 01- .:5050' LOIS A. BLACKWELL, Plaintiff JOHN W. BLACKWELL, Defendant Civil Action - In Divorce NOTICE OF AVAILABILITY OF COUNSELING TO THE WITHIN NAMED DEFENDANT: You have been named as the Defendant in a divorce proceeding filed in the Court of Common Pleas of Cumberland County, Pennsylvania. This notice is to advise you that in accordance with Section 3302(d) of the Divorce Code, as amended, you may request that the Court require you and your spouse to attend marriage counseling prior to a Divorce Decree being handed down by the Court. A list of professional marriage counselors is available at the Office of the Prothonotary, Cumberland County Courthouse, Carlisle, Pennsylvania. You are advised that this list is kept as a convenience to you and you are not bound to choose a counselor from the list. All necessary arrangements and the cost of counseling services are to be borne by you and your spouse. If you desire to pursue counseling, you must make your request for counseling within twenty (20) days of the date on which you receive this Notice. Failure to do so will constitute a waiver of your right to request counseling. LOIS A. BLACKWELL, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 0'-1 - .!.i'O!J-S Ciu~ll~ JOHN W. BLACKWELL, Defendant Civil Action - In Divorce COMPLAINT COUNT I - Divorce 23 Pa. C.S.A. S3301(c) 1. Plaintiff Lois A. Blackwell, is an adult individual residing at 31 Skyline Drive, Mechanicsburg, Cumberland County, Pennsylvania 17050. 2. Defendant John W. Blackwell, is an adult individual residing at 31 Skyline Drive, Mechanicsburg, Cumberland County, Pennsylvania 17050. 3. Plaintiff and Defendant have been bona fide residents of the Commonwealth of Pennsylvania and have resided therein for a period in excess of six (6) months immediately previous to the filing of this Complaint. 4. Plaintiff and Defendant were married on June 1, 1984, in Lancaster County, Pennsylvania. 5. Plaintiff avers that the ground upon which this action is based is that the marriage is irretrievably broken. 6. There have been no prior actions of divorce between the parties in this or any other jurisdiction. 7. The Defendant is not a member of the Armed Services of the United States of America. 8. The marriage is irretrievably broken. 9. Plaintiff has been advised that counseling is available and that Plaintiff may have the right to request that the court require the parties to participate in counseling. 10. Plaintiff avers that there were three children born of this marriage, namely Michael Andrew Blackwell, born July 1, 1987; Glenn Alan Blackwell, born February 2, 1990; and James Scott Blackwell, born February 2, 1990. WHEREFORE, the Plaintiff requests this Honorable Court to enter a Decree of Divorce. Respectfully submitted, FENSTERMACHER AND ASSOCIATES, P.C. By: ( Jo~n R. Fenstermacher ~preme Court 1.0. #29940 5115 East Trindle Road Mechanicsburg, PA 17050 (717) 691-5400 Attorney for Plaintiff DATED: 10-5-04 2 VERIFICATION I, Lois A. Blackwell, have read the foregoing Complaint and hereby certify that the facts set forth are true and correct to the best of my knowledge, information and belief. This statement is made subject to the penalties of 18 Pa. Const. Stat. Ann. 94904 relating to unsworn falsification to authorities. I , I. ~ \ "....". I " ~ ' By: U1l ;.\ '..'\..(~{ L(u '.{ { "- Lois A. 13Jackwell DATED: 10-5-04 "f:J ~ ~ ij. 'l ~ - '- >v Cr) lr? ~ 0 t -.:t -cJ ~ F ~ c~. '., r;; MARITAL SETTLEMENT AGREEMENT THIS AGREEMENT, made this ..rJ~:ay of ()c-4~A-'" ,2004, by and between John W. Blackwell, hereinafter called "Husband", and Lois A. Blackwell, hereinafter called 'Wife". WHEREAS, Husband and wife were lawfully married on June 1, 1984, in Lancaster County, Pennsylvania; WHEREAS, differences have arisen between thel parties and it is the intention of Wife and Husband to live separate and apalrt, and the parties hereto desire to settle fully and finally their respective financial and property rights and obligations as between each other including, without limitation by specification: the settling of all matters between them relating to the ownership and equitable distribution of real and personal property; the settling of all matters between them relating to the past, present and future support, alimony and/or maintenance of Wife by Husband or of Husband by Wife; and in general, the settling of any and all claims and possible claims by one against the other or against their respective estates; WHEREAS, neither party admits that this action is a result of his or her actions that may give rise to a fault divorce pursuant to 23 Pa. C.S.A. Section 3301(a); NOW THEREFORE, in consideration of the premises and of the mutual promises, covenants and undertakings hereinafter set forth and for other good and valuable consideration, receipt of which is hereby acknowledged by each of I have read and understand the terms herein. f\ JWB ~lJ6 LAB r.'. , 'i:\ ' l .'1'/' ,,' I '.' . - 1 - the parties hereto, Wife and Husband each, intending to be legally bound hereby covenant and agree as follows: 1. SEPARATION AND NON INTERFERENCE: 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. 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. Each party shall be free from interference, authority and control by the other, as fully as if he or she were single and unmarried, except as may be necessary to carry out the provisions of this Agreement. Neither party shall molest or attempt to endeavor to molest the other, or in any way harass or malign the other, nor in any other way interfere with the peaceful existence, separate and apart from the other. 2. RECONCILIATION: This Agreement shall not be deemed to have been waived, extinguished, discharged, terminated, invalidated or otherwise affectEid by a reconciliation between the parties hereto, cohabitation between the parties, a living-together or resumption of marital relations between them. They shall not be deemed to have reconciled with the intention of vitiating or terminating this Agreement unless they make such actions through a written instrument, executed and acknowledged in the same manner as this Agreement. I have read and understand the terms herein. JWB OiU~ LAB t ~\O " J -2 - 3. ENFORCEMENT: The parties acknowledge that either party may fille for a no-fault divorce action pursuant to section 3301 (c) of the Pennsylvania Divorce Code. Upon such filing, the non-moving party shall accept service of the complaint thereof and both parties shall further fully cooperate in executing each and every document necessary to conclude the then pending divorce action including, but not limited to, affidavits of consents and waivers of notice. It is specifically understood and agreed by the parties that the provisions of this Agreement relating to equitable distribution of property and all other matters contained herein including but not limited to support, alimony, alimony pendente lite, counsel fees, costs and/or expenses are accepted by each party as a final settlement for all purposes whatsoever, as contemplated by the Pennsylvania Divorce Code. Each party shall execute any and all documents which may require his or her signature for the purpose of effectuating all of the terms and conditions of this Agreement so as to give full force and effect to this Agreement. Should a decree, judgment or order of separation or divorce be obtained by either of the parties in this or any other state, country or jurisdiction, each of the parties hereby consents and agrees that this Agreement and all of its covenants shall not be affected in any way by any such separation or divorce; and that nothing in any such decree, judgment, order or further modification or revision thereof shall alter, amend or vary any term of this Agreement. It is specifically agreed, however, that a copy of this Agreement or the substance of I have read and understand the terms herein. r\. \lh ;\., I JWSJl.~; LAst nrj ii -/ U - 3- the provisions thereof, may be incorporated by referenoe into any divorce, judgment or decree. This incorporation, however, shall not be regarded as a merger, it being the specific intent of the parties to permit this Agreement to survive any judgment and to be forever binding and conclusive upon the parties. 4. SPOUSAL SUPPORT/ALIMONY/ALIMONY PEIIIDENTE LITE (APL), COSTS AND EXPENSES: Husband and Wife hereby acknowledge that they have been advised that each may have the right to assert a claim for spousal support, alimony, alimony pendente lite, costs and/or expenses. Further, Husband and Wife acknowledge that they understand that said rights are available in the divorce action. Husband and Wife further acknowledge that they are aware of the income, education, income potential, and assets and holdings of the other or have had full and ample opportunity to become familiar with such items. Nevertheless, Husband and Wife acknowledge that they are able to support and maintain themselves comfortably, without contribution from the other beyond that as provided for in this Property Settlement Agreement, upon the income and assets owned by each of them. Husband and Wife hereby accept the mutual covenants and terms of this Agreement and the benefits and properties passed to them hereunder in lieu of any and all further rights to support or alimony for themselves, counsel fees, and alimony pendente lite at this time and during any and alii further or future actions of divorce brought by either of the parties hereto and thE~ parties do hereby remise, release, quit claim, and relinquish forever any and all right to support, alimony, alimony pendente lite, counsel fees and expenses beyond those I have read and understand the terms herein. Alii f/...,\ /1 JWB . !AI 1/. LAB Lr1 1'; -r-' - \! v - 4- provided by the Divorce Code of Pennsylvania or any other applicable statute, at this time and at any time in the future. Each party shall be responsible for their own fees, expenses and costs associated with this case excepting anything provided in this Agreement to the contrary . 5. CUSTODY: Wife shall have full legal custody of their sons, Michael Andrew Blackwell, born July 1, 1987; Glenn Alan Blackwell, born February 2, 1990; and James Scott Blackwell, born February 2,1990. Visitation of the childrl~n shall be subject to the agreement of the parties. 6. EQUITABLE DISTRIBUTION: A. WAIVER OF PERSONAL 1) MARITAL, TANGIBLE AND INTANGIBLE, ASSETS AND 2) NON-MARITAL TANGIBLE AND INTANGIBLE, ASSETS: Husband and Wife do hereby acknowledge that they have heretofore divided to their mutual satisfaction all non-marital and marital assets including, but without limitation, business interests, partnership(s), inheritance(s), jewelry, clothing, brokerage accounts, stocks, bonds, life insurance policies or other securities, Individual Retirement Accounts, checking and savings accounts, mutual funds, and other assets whether real, personal or mixed, tangible or intangible. Husband and Wife further acknowledge and agn~e that the assets in the possession of the other spouse shall be that spouse's sole and separate property, each party hereto specifically waiving, releasing, renouncing and I have read and understand the terms herein. f\ -Iii. '; JWB \JOW; LABL1'\Y) .,.-;- ;.1 v - 5- forever abandoning whatever claim, if any, he or she may have with respect to any of the foregoing items which are the sole and separate property of the other. 1 REAL ESTATE: A. 31 Skyline Drive, Mechanicsburg, Cumberland County, Pennsylvania 17050: The parties are joint owners as tenants by the entireties of the real property known as 31 Skyline Drive, Mechanicsburg, Cumberland County, Pennsylvania 17050 ("marital residence"). The marital residence is encumbered by mortgages as well as liens. The marital residence is presently scheduled to be sold and to close on or before October 5, 2004, to Derrick Price Williamson for the price of Three Hundred Five Thousand ($305,000.00) Dollars. Attached hereto as Exhibit A is an estimate of thE~ parties' costs and expenses associated with the foregoing mentioned transfer. The net proceeds after deducting such estimated closing costs and any mortgage(s) of record shall be Wife's sole and separate property. At the time of seltlement, the settlement agent is directed to issue the net proceeds payable to Wife solely. Wife shall apply the net proceeds in accordance with the terms as set forth hereinbelow in Section B, 3590 Shingletown Road, State College, Pennsylvania. Pending settlement of the marital residence, Husband shall be solely liable for all costs and expenses associated with the marital rE~sidence including but not limited to any mortgages, liens, encumbrances, utilities, taxes and insurances. I have read and understand the terms herein. JWB ~ll.~ LAB cA1'~. - 6- B. 3590 Shingletown Road, State College, Centre County, Pennsylvania 16801: The parties are joint owners as tenants by the entireties of the real property known as 3590 Shingletown Road, State College, Centre County, Pennsylvania 16801 ("residence"). Wife shall have SOll3 and exclusive possession of the residence as of the date of execution hereof subject to Husband's right(s) to store personal property as set forth hereunder in Section 5 - Personal/Household Property. Wife shall be solely responsible and liable for all mortgages, liens and encumbrances currently filed and/or assessed against the residence as well as any future such liabilities. Additionally, Wife shall remain solely liable for including but not limited to all real estate taxes, insurance, municipal charges and/or liens and utilities on the residence so long as Wife remains owner thereof. Wife acknowledges and agrees that the net proceeds received from the sale on the marital residence, 31 Skyline Drive, shall be~ applied as follows: 1 One Hundred Thirty-eight Thousand and No/100 ($138,000.00) Dollars pay down on or before October 31, 2004, on the mortgage and line of credit filed against the residence; and, 2 Twenty-five Thousand and No/100 ($25,000.00) Dollars representing the estimated balance thereof shall be held by Wife as her sole and separate property. Wife shall apply the foregoing application of net proceeds within fifteen (15) days of Wife's receipt of the same. I have read and understand the terms herein. JWBlli'ik. LAB L+\P.) ij ,/ -7 - As soon as is practicable but no later than two (~~) years after Wife pays down the mortgage as referenced above, Wife shall either refinance the existing mortgage on the residence or alternatively, have Husband released from all obligation(s) associated therewith. Upon execution hereof, Husband shall execute the appropriate transfer deed evidencing his waiver and release of all past, present and/or future right, title, claim and/or interlest he may have in the . residence. C. 1800 Pinetown Road, Wellsville, York County, Pennsylvania 17635, parcel number 49-NE-48B: The parties are joint owners as tenants by the entireties of the real property known as 1800 Pinetown Road, Wellsville, York County, Pennsylvania 17635, parcel number 49-NE-48B ("property"). Wife does hereby forever waive, release and relinquish any and all past, present and/or Ifuture right, title, claim and/or interest she may have therein. Wife shall upon request execute the appropriate transfer document evidencing her abandonment of such right, title, claim and/or interest. Husband shall have sole and exclusive possession of said property. Husband shall be solely liable for all costs and e)(penses associated with the property including but not limited to any mortgages, liens, encumbrances, utilities, taxes and insurances. D. Indemnification: The parties acknowledge and agree that each shall indemnify and hold harmless the other with regard to the debts associated with the real property I have read and understand the terms herein. JWB ~~; LAB L l\}/; - 8- identified hereinabove in subsections A, B & C to the fullest extent as identified herein in Section 7 D. 2 VEHICLES: Husband shall continue to own, operate and pmlsess the 1995 Nissan Maxima. Wife shall continue to own, operate and poss.ess the 2001 Dodge Caravan. If any of the foregoing vehicles is titled in either party's name or jointly titled, each party shall make, execute, acknowledge and deliver any and all documents necessary to transfer the title to the party in possession thereof. Each party does hereby waive, release, and relinquish any and all claim to or interest in the motor vehicle so transferred. If the title to the said vehicle is encumbered by any debt or obligation, then the possessing party agrees that he or she shall be solely responsible for and shall pay and satisfy said obligation, in accordance with its terms and provisions, and shall indemnify and save the other harmless from any loss, cost, or expense caused to the other by Husband's or Wife's failure to make payment of such debt. 3 RETIREMENTS: Husband is the owner of a Fidelity Account that Wife waives all right, title, claim and/or interest she may have had, may presently have or may in the future be able to assert. Wife shall cooperate in executing upon reasonable request any and all documentation evidencing her release to sUlch. Husband shall have his sons as beneficiaries, in equal shares, of the account until the youngest son is 25 years of age. I have read and understand the terms herein. .ili12O 4>.. ,0 - ,; /\1- JWB ..' ; LABL ,ij .'1 i' :) - 9- 4 BANK ACCOUNTS: Husband shall retain the Fulton Bank checking account number 2519 28854 presently titled in joint names and Wife shall exe:cute upon request any appropriate document in order to effectuate the intent herein. 5 PERSONAL/HOUSEHOLD PROPERTY: The parties agree Wife shall permit Husband to :store his personal property that is presently located at 31 Skyline Drive at the 3590 Shingletown Road property until Husband has relocated to a new, p1ermanent residence. At such time, Husband shall within thirty (30) days thereafter, provide for the removal of all such property being stored at 3590 Shin~lletown Road. The removal shall be at Husband's sole cost and expense. Such removal shall occur no later than three (3) years from date of execution. If not so removed, title to the property passes to Wife for such property and she may dispose of such without interference from Husband. 6 TAX RETURNS: The parties agree that they shall file their 2004 tax returns (all returns - state, federal and local) jointly. Thereafter, the parties shall file separate tax returns. All refunds shall be divided pro rata between tlhe parties based upon the income and taxes paid by the individual parties. B. INTENT: This Agreement is intended to distribute all prop1erty of the parties, whether real or personal, and whether determined to be separate or marital property. In the event that any property may be omitted from this Agreement, it is I have read and understand the terms herein. QJ'h ' M. . '~~~ JWB , /LAB L I-I J,/ ~, , If " I' I' V - 10- understood and agreed that the person having possession and/or title to such property following the execution of this Agreement shall be deemed the owner thereof and each of the parties will execute any and all legal documents without any charge therefore to evidence title to such property in the other party ADDITIONAL DOCUMENTS: Each of the parties shall on demand execute and deliver to the other any deeds, documents, records or closing statements relating to the sale of real estate under this Agreement, bills of sale, assignment, consents to change of beneficiary on insurance policies, tax returns and other documents and do or caused to be done any other act or thing that may be necessary or desirable to the provisions and purposes of this Agreement. TAXES: Husband hereby agrees to pay all income taxes assessed against him, if any, as a result of the division of the property of the parties hereunder. Wife hereby agrees to pay all income taxes assessed against her, if any, as a result of the division of the property of the parties hereunder. 7. AFTER ACQUIRED PROPERTY: Each of the parties shall hereafter own and enjoy, independently of any claim or right of the other, all items of property, be they real, personal or mixed, tangible or intangible, which are hereafter acquired by him or her, with full power in him or her to dispose of the same as fully and effectively, in all respects and for all purposes, as though he or she were unmarried. The parties hereby agree that, as to all assets not specifically mentioned herein which are presently titled in the sole name of onl~ of the parties hereto or, if untitled, are presently in the sole possession of one of the parties hereto, the I have read and understand the terms herein. JWB ~~B (;1\11) I' :J - 11 - party not having title thereto or possession thereof hereby waives, releases, relinquishes and forever abandons any and all claims therein, and acknowledges that the party having title or possession of such items shall be the sole and exclusive owner thereof. 8. DEBTS: A. WIFE'S 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 harmless Husband from any and all claims or demands made against him by reason of debts or obligations incurred by her. B. HUSBAND'S DEBTS: 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 harmless Wife from any and all claims or demands made against her by reason of debts or obligations incurred by him. C. MARITAL DEBT: The parties acknowled~ge the following joint credit obligations: All marital debt has been identified in Section 5, Equitable Distribution and is solely related to real estate. The debts are to be handled and satisfied in accordance with Section 5 hereof. D. INDEMNIFICATION: All further debts incurred by the parties shall be their individual responsibility. Each party represents and warrants to the other that he or she has not incurred any debt, obligation, or other liability, other than described in this Agreement, on which the other party is or may be liable. Each I have read and understand the terms herein. JWB Q UjJ LAB lA\i:,-, U - 12- party covenants and agrees that if any claim, action or proceeding is hereinafter initiated seeking to hold the other party liable for any other debts, obligations, liability, act or omission of such party, such party will at his or her sole expense, defend the other against any such claim or demand, whether or not well-founded, and that he or she will indemnify and hold harmless the other party in respect of all damages as resulting therefrom. Damages as used herein shall include any claim, action, demand, loss, cost, expense, penalty, and other damage, including without limitation, counsel fees and other costs and expenses reasonable incurred in investigating or attempting to avoid same or in opposing the imposition thereof or enforcing this indemnity, resulting to Husband or Wife from any inaccurate representation made by or on behalf of either Husband or Wife to the other in this Agreement, any breach of any of the warranties made by Husband or Wife in this Agreement, or breach or default in performance by Husband or Wife of any of the obligations to be performed by such party hereunder. The Husband or Wife agrees to give the other prompt written notice of any litigation threatened or instituted against either party which might constitute the basis for a claim for indemnity pursuant to the terms of this Agreement. 9. FULL DISCLOSURE: The parties acknowledge that each of them havEl had a full and ample opportunity to consult with counsel of their choice regarding their claims arising out of the marriage and divorce and that they have specifically reviewed their rights to the equitable distribution of marital property, including rights of I have read and understand the terms herein. JWB ~~LAB l/~\P) ~ ~ u - 13- discovery, the right to compel a filing of an Inventory and Appraisement, and the right to have the court review the assets and claims of the parties and decide them as part of the divorce action. Being aware of those rights, and being aware of the marital property owned by each of the parties, thl3 parties hereto, inconsideration of the other terms and provisions of this Agreement, do hereby waive, release and quitclaim any further right to have this court or any other tribunal equitably distribute or divide their marital prope.rty. The parties acknowledge that they have been fully advised and informed of the wealth, real and/or personal property, estate and assets, earnings and income of the other and are familiar with and cognizant of such and the value thereof, or has knowingly waived such advice and/or information. The parties hereto have been fully advised and informed of all rights and interests which, except for the execution and delivery hereof, have been conferred upon or vested in each of them by law with respect to the property or estate of the other by reason of their marital status, or has knowingly refused or waived such advice or information. 10. RELEASES: Except as otherwise herein provided, each party releases and discharges completely and forever the other from any and all right, title, interest or claim or past, present or future support, division of property including income or gain from property hereafter accruing, right to dower an courtesy, right to act as administrator or executor in the estate of the other, right to distributive share in the other's estate, right of exemption in the estate of the, other, or any other property rights, benefits or privileges accruing to either party by virtue of said I have read and understand the terms herein. JWB ~~ ; LAB l-'\-\l ..' - 14- marriage relationship, or otherwise, and whether the same are conferred by the statutory law or by the common law of the Commonweallth of Pennsylvania, or any other state, or of the common law of the United States of America. It is further specifically understood and agreed by and between the parties hereto, that each party accepts the provisions herein made in lieu of in full settlement and satisfaction of any and all of said parties' rights against the other for any past, present and future claims on account of support, maintenance, alimony, alimony pendente lite, counsel fees, costs and expenses, equitable distribution of marital property and any other claims of each party, including all claims raised by them in the divorce action pending between the parties. 11. 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 including attorney fees, costs and/or expenses. 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. 12. REPRESENTATION: Both parties have been given the opportunity to obtain the advice of counsel regarding the provisions of this Agreement and their legal effect in advance of the date set forth above to permit such independent review. In the event either party elects to execute this Agreement without the advice of counsel, he/she shall nevertheless be bound hereby and he/she specifically and I have read and understand the terms herein. JWB ~:E LAB l'l\\1 U - 15- knowingly waives his/her right, if any, to utilize his/her lack of legal representation as a basis to attack the validity of this Agreement. Each party acknowledges that he or she has hadl the opportunity to receive independent legal advice from counsel from his or her selection, and that each fully understands the facts and has been fully infmmed as to his or her legal rights and legal obligations, and each party acknowledges and accepts that this Agreement is, and the circumstances, fair and equitable, and that it is being entered into freely and voluntarily, after having had the opportunity to receive such advice and with such knowledge, and that execution of this Agreement is not the result of any duress or undue influence, and that it is not the result of any improper or illegal agreement or agreements. 13. VOLUNTARY EXECUTION: The provisions of this Agreement are fully understood by both parties and each party acknowledges that this Agreement is fair and equitable, that it is being entered into voluntarily and that it is not the result of any duress or undue influence. Further, each party acknowledges that he or she has the mental capacity to understand the terms provided herein and has not been placed under duress, coercion or any physical or mental stress. 14. 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. I have read and understand the terms herein. JWBCjb.'l:2 LAB (/1\-e., 'J - 16- 15. PRIOR AGREEMENT: It is understood and agreed that any and all property settlement agreements which mayor have been executed prior to the date and time of this Agreement are null and void and of no effect. 16. MODIFICATION AND WAIVER: Any 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. 17. GOVERNING LAW: This Agreement shall be governed by and shall be construed in accordance with the laws of the Commonwealth of Pennsylvania. 18. INDEPENDENT SEPARATE COVENANTS: It is specifically understood and agreed by and between the parties hereto that each paragraph hereof shall be deemed to be a separate and independent covenant and agreement. 19. 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 conltinue in full force, effect and operation. I have read and understand the terms herein. JWB OulG LAB \.1\\1~) U - 17- 20. CONSENTS TO DIVORCE: The parties agree that they shall simultaneously with the execution hereof also execute their respective Affidavits of Consent and Waivers of Notice which shall be filed with the court along with a Praecipe to Transmit the Record in order that a Decree in Divorce incorporating the herein Agreement can be issued in due course, 21. DISTRIBUTION DATE: The parties hereto acknowledge and agree that for purposes of distribution of property as provided for in this Agreement, the date of execution of this Agreement shall be known as the Distribution Date. 22. DATE OF EXECUTION/COUNTERPARTS: The parties hereto acknowledge and agree that the date of execution referred to herein shall be known as the last date upon which either party executes this Agreement. This Agreement may be executed by the parties in counterparts and as such, shall be enforceable as if it were executed as one. IN WITNESS WHEREOF, the parties hereto, intending to be legally bound hereby, have hereunto set their hands and seals the day and year first above writte n. WITNESS: .,y~' 4 ~l ( 6!aktJJ' John U . Blackwell I, A' .~ .'. { Lfl \ : . L).G:l{'.\1 V'-Cl '- Lois A. Blackwell ", 14 .-\0 'l)~-~ . \ r \ I have read and understand the terms herein. JWB 9u..)tl:; LAB W::t1]i - 18- r---.' ~- ) -n .-4 ..,-- f' ~" r,) f'.) <...Jl c...;, LOIS A. BLACKWELL, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 04-5055 JOHN W. BLACKWELL, Defendant Civil Action - In Divorce ACCEPTANCE OF SERVICE I, James A. Miller, Esquire, counsel for John W. Blackwell in the above-captioned matter, hereby accept service of the Complaint in Divorce on behalf of Mr. Blackwell, in full satisfaction of the Pennsylvania Rules of Civil Procedure. Date: October K' 2004 l# . Miller ~.-, C::J C';) .::...n () -" ::? 1""'"1 '--- f-..J i',J -':..'-\ Lr: LOIS A. BLACKWELL, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 04-5055 Civil Term JOHN W. BLACKWELL, Defendant Civil Action -In Divorce PLAINTIFF'S AFFIDAVIT OF COI~SENT AND WAIVER OF COUNSELING 1. A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed on October 6, 2004. 2. The marriage of the Plaintiff and Defendant is irretrievably broken, and ninety (90) days have elapsed from the date of both the filing and service of the Complaint. 3. I consent to the entry of a final decree of divorce after service of Notice of Intention to request entry of the Decree. 4. I have been advised of the availability of marriage counseling, and understand that I may request that the Court require that my spouse and I participate in counseling. I further understand that the Court maintains a list of marriage counselors in the Prothonotary's Office, which list is available to me upon request. Being so advised, I do not request that the Court require that my spouse and I participate in counseling prior to a divorce decree being handed down by the Court. I verify that the statements made in this Affiidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.SA Section 4904, relating to unsworn falsification to authorities. ~ DATE: \ Ii) 0'-, I ~t)~ 0 ~4~te Lois A. Blackwell , ~"'Cl ~~~ ~'I~ ~, p.,) r,) U1 (J'j LOIS A. BLACKWELL, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 04-5055 Civil Term JOHN W. BLACKWELL, Defendant Civil Action - Iln Divorce DEFENDANT'S AFFIDAVIT OF CONSENT AND WAIVER OF COUNSElliNG 1. A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed on October 6, 2004. 2. The marriage of the Plaintiff and Delfendant is irretrievably broken, and ninety (90) days have elapsed from the date of both the filing and service of the Complaint. 3. I consent to the entry of a final decree of divorce after service of Notice of Intention to request entry of the Decree. 4. I have been advised of the availability of marriage counseling, and understand that I may request that the Court require that my spouse and I participate in counseling. I further understand that the Court maintains a list of marriage counselors in the Prothonotary's Office, which list is available to me upon request. Being so advised, I do not request that the Court require that my spouse and I participate in counseling prior to a divorce decree being handed down by the Court. 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.SA Section 4904, relating to unsworn falsification to authorities. DATE: / -(0-00;; .^. ,f r. .... 1 (!1 . .. &tU'l (u, bwdw:Jt John W. Blackwell \.. If ; ~~ .~ c:.::> ,.._, <.:...... () -11 :::-J L_ '. r,) r-...) U, c",;; LOIS A. BLACKWELL, Plaintiff IN THE COUFU OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 04-5055 JOHN W. BLACKWELL, Defendant Civil Action - In Divorce WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER SECTION 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 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 b,e sent to me immediately after it is filed with the Prothonotary. I verify that the statements made in this Affidavit are true and correct. understand that false statements herein are made subject to the penalties of 18 Pa. C.S.A. Section 4904, relating to unsworn falsification to authorities. , , B (I . ,lY\ ... I<:~(.u& lli-e 1L Ltlis A. BlacKwell (__ :-1 r~," 1"....1 (.'1 <: . LOIS A. BLACKWELL, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 04-5055 JOHN W. BLACKWELL, Defendant Civil Action - In Divorce WAIVER OF NOTICE OF INTENTION TO f;tEQUEST ENTRY OF A DIVORCE DECREE UNDER SECTION 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 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. understand that false statements herein are made subject to the penalties of 18 Pa. C.S.A. Section 4904, relating to unsworn falsification to authorities. 1", , t 'J'{ (' \ <~' 'GV'V j' f John W. Blackwell oj t 'II '! ....... I r... ',{ . 1..\,. hfr J - lit\;.\. Y \... C r......;.> '::.:.'1 :,...' ,:-:) ,..../"I -n !;-- .~ ...,- ;1~ ".-- -, f'" r,) '~wn C') LOIS A. BLACKWELL, Plaintiff IN THE COUFtT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 04-5055 Civil Term JOHN W. BLACKWELL, Defendant Civil Action - Iln 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 !l3301 (c) of the Divorce Code 2. Date and manner of service of the complaint: Acceptance of Service by Defendant's counsel (copy attached) on October 8, 2004 3. Date of execution of the affidavit of consent required by!l3301 (c) of the Divorce Code: by plaintiff January 10, 2005; by defendant January 10, 2005. 4. Related claims pending: None. All related claims resolved pursuant to Matrimonial Settlement Agreement, dated October 5, 2004, attached hereto. 5. Date of plaintiff's Waiver of Notice in !l3301 (c) Divorce was filed with the Prothonotary: Filed herewith Date defendant's Waiver of Notice in !l3301 (c) Divorce was filed with the Prothonotary: Filed herewith John R. Fenstermacher I Supreme Court I.D. #29940 5115 East Trindle Road Mechanicsburg, PA 17050 (717) 691-5400 Attorney for Plaintiff (" 1'\:.' en C'. r....' ~.:.:.;) 1;'-::) ......" (,) -n . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . "'if. :tilf. "''''''''''' "'if. '" :+:If.:+: . . '" "'''' '" H IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY STATE OF PENNA. LOIS A. BLACKWELL, Plaintiff No. 04-5055 Civil Term VERSUS JOHN W. BLACKWELL, Defendant . . . . . . . . . . . . DECREE IN DIVORCE 2005 - , J""?'i},"J'l l( , IT IS ORDERED AND AND NOW, . . . . . . Lois A. Blackwell , PLAINTIFF, DECREED THAT John W. Blackwell , DEFENDANT, . . AND . . . . ARE DIVORCED FROM THE BONDS OF MATRIMONY. . . . . . THE COURT RETAINS JURISDICTION OF THE FOLLOWING CLAIMS WHICH HAVE BEEN RAISED OF RECORD IN THIS ACTION FOR WHICH A FINAL ORDER HAS NOT YET BEEN ENTERED; . . . . . . . None. Marital Settlement Agreement dated October 5, 2004, is incorporated ., hereto. . . ~ ~": ..... ~ ~. ; .. ~ ~.. .....:............ ~/) BY TH"' COU'~(:~fl ATTE: ~~ J. ~~'~:-'~'O'HONO'A'Y . . . . . . . . . . . . . . . '. . . 'r' .... ~ ...... , ,," .. _.~ ....-.. -' -". ... --- -.....' '.\..- ...-..... . ......_ 'I - , , , , " - . , ...., -. """"-- ..,..- ."". ..."... -- ../....... . /....... ......:.., J+ ............~'\...... ~ 1'--,,, ~'" '...... ..'- ...'0...0.....0...0..0...0...0....0..0..0...0..0..0...0..0..0..0..0..0...0 0: 0' ... H . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . '" ",,,,,'Ii .. h .~ t""~ 'PfP(L, ;;0' /c--j /"'7'''''''7~? f}.V.7- ~'~,l.~7 jtl'IF.; . .