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HomeMy WebLinkAbout02-0532BRYAN K. McLAUGI-ILIN, Plaintiff VS. ROBIN S. McLAUGHLIN, Defendant · IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION- LAW : NO. C 7-- : IN DIVORCE NOTICE TO DEFEND AND CLAIM RIGHTS You have been sued in Court. If you wish to defendant against the claims set forth in the following pages, you must take prompt action. You are warned that if you fail to do so, the case will proceed without and a decree in divorce or annulment may be entered against you by the Court. A judgment may also be entered against you for any other claim or relief requested in these papers by the Plaintiff You may lose money or property or other fights 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 Cumberland County Courthouse, Carlisle, Pennsylvania, 17013. IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF MARITAL PROPERTY, LAWYER'S FEES, OR EXPENSES BEFORE A DIVORCE IS GRANTED, YOU MAY LOSE THE RIGHT TO CLAIM ANY OF THEM. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE· IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association Two Liberty Avenue Carlisle, Pennsylvania 17013 (717) 249-3166 BRYAN K. McLAUGHL]N, Plaintiff VS. ROBIN S. McLAUGHLIN, Defendant · IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION- LAW · IN DIVORCE .COMPLAINT IN DIVORCE, Plaintiff is Bryan K. McLaughlin, an adult individual currently residing at 922 Baltimore Pike, Gardners, Cumberland County, Pennsylvania. Plaintiff has resided at this address for approximately ten years. Defendant is Robin S. McLau~ an adult individual whose mailing address is P.O. Box 1322, Carlisle, Pennsylvania, but whose residence is unlmown to Plaintiff Plaintiff is a bonafide resident of the Commonwealth of Pennsylvania and has been so for at least six months immediately previous to the filing of this Complaint. Plaintiff and Defendant were married on January 10, 1991, in Mechanicsburg, Cumberland County, Pennsylvania. There have been no prior actions for divorce or annulment between the parties. The Defendant is not a member of the Unites States Armed Forces or its Allies. Plaintiff has been advised of the availability of counseling and the fight to request that the Court require the parties to participate in counseling. Knowing this, Plaintiff does not desire that the Court require the parties to participate in counseling. Plaintiff and Defendant are citizens of the United States of America. The parties' marriage is irretrievably broken. 10. Plaintiff desires a divorce based upon the belief that Defendant will, ninety days from the date of service of this Complaint, consent to this divorce. WI-I~.RI~.FORE, Plaintiff requests your Honorable Court to enter a decree in divorce pursuant to Section 330 l(c) of the Domestic Relations Code. Res~y submitted, GRIFFIE & ASSOCIATES Attorney for Pl~tintiff 200 North I-limov~r Street Cm'li~l~, PA 1701~ (717) 243-5SS 1 ($00) 347-5552 I veril~ that the statements made in the foregoing document are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904, relating to unsworn falsification to authorities. BRYAN K. MeLAUGI-ILIN, Plaintiff VS. ROBIN S. Mc, LAUGHLIN, Defena~_ant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 02-532 CIVIL TERM IN DIVORCE ~drFIDAVlT OF SERVICE AND NOW, this 12~" day of February, 2002, comes Marylou Matas, Esquire, Attorney for Plaintiff, and states that she mailed a certified and tree copy of a Complaint in Divorce and Notice to Defend and Claim Rights to the Defendant, Robin S. McLaughlin, at her address of P.O. Box 1322, Carlisle, Pennsylvania, by certified mail, restricted delivery, return receipt requested. A copy of said receipt is aRached hereto indicating service was made on February 4, 2002. Sworn and subscribed to before me this/cfi ~ day of ff-~.~,, 2002. NOTARY ~rlSLIC Marylou~aat~, Esqu~ Attorney ~Plaintiff GRIFFIE & ASSOCIATES 200 North Hanover Street Carlisle, PA 17013 (717) 243-5551 2. 'NtiS_. N. umber (Copy fmrn sen,/ce/abe/) PS Form 3811, July 1999 Domestic Return Rec~pt O Agent D. I~c~ll..~-i..~mdlfl,m~; tlteml? C]Y~ If YES, e~m' de~lve~/.~traa~ below: [] No 102595.-00-M-0952 BRYAN K. McLAUGHLIN, Plaintiff ROBIN S. McLAUGHLIN, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : : CIVIL ACTION - LAW : : NO. 02-532 CIVIL TERM : IN DIVORCE AFFIDAVIT OF CONSENT 1. A. Complaint in Divorce under §3301 (c) of the Divorce Code was filed on January 31, 2002, and served on February 4, 2002. 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety (90) days have elapsed from the date of filing and service of the Complaint. 3. I consent to the entry of a final Decree of Divorce after service of notice of intention to request entry of the decree. I VERIFY THAT THE STATEMENTS MADE IN THE FOREGOING AFFIDAVIT ARE TRUE AND CORRECT. I UNDERSTAND THAT FALSE STATEMENTS HEREIN ARE MADE SUBJECT TO THE PENALTIES OF 18 Pa.C.S. §4904 RELATING TO UNSWORN FALSIFICATION TO AUTHORITIES. B-R~3q K. McLXU~-ILIN.~l~laintiff BRYAN K. McLAUGHLIN, Plaintiff ROBIN S. McLAUGHLIN, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : : CIVIL ACTION - LAW : NO. 02-532 CIVIL TERM : IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REQUEST THE ENTRY OF A DIVORCE DECREE UNDER §3301(c) OF TIlE DIVORCE CODE 1. I consent to the entry of a final decree in divorce without notice. 2. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses ifI do not claim them before a divorce is granted. 3. I understand that I will not be divorce 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 files with the Prothonotary. I VERIFY THAT THE STATEMENTS MADE IN THE FOREGOING AFFIDAVIT ARE TRUE AND CORRECT. I UNDERSTAND THAT FALSE STATEMENTS HEREIN ARE MADE SUBJECT TO THE PENALTIES OF 18 Pa.C.S. §4904 RELATING TO UNSWORN FALSIFICATION TO AUTHORITIES. DATE: ~fi~. Mc LJ, U.Q,I~LIN,,Pl"aintiff SAIDIS SHUFF, FLOWER & LINDSAY ATrORI'~'YS,AT,LAW 26 W. High Street Carlisle, PA Ellen Mae Stamer, Petitioner Bryan K. McLaughlin and Robin S. McLaughlin, Respondents · IN THE COURT OF COMMON PLEAS OF · CUMBERLAND COUNTY, PENNSYLVANIA · NO. 2002-00532 STIPULATION FOR CUSTODY AND NOW, these parties by and through the respective Counsel, to stipulate as follows: 1. The Petitioner is Ellen Mae Starner, an adult individual residing 110 Frost Road, Gardners, Cumberland County, Pennsylvania. Respondent Bryan K. McLaughlin is an adult individual residing at 922 Baltimore Pike, Gardners, Cumberland County, Pennsylvania; Respondent Robin S. McLaughiin is an adult individual residing at PO Box 1322, Carlisle, Cumberland County, Pennsylvania. Respondents Bryan K. McLaughlin and Robin S. McLaughlin are the parents of one child, Christopher Michael McLaughlin, date of birth 11-17-1984. The Plaintiff, Ellen Mae Starner, is the maternal grandmother of said child. The parties agree that they shall share legal custody of said child. The parties further agree that the Petitioner, Ellen Mae Starner, shall have primary physical custody of said child, subject to periods of partial physical custody or visitation as the parties may agree. SAIDIS SHUFF, FLOWER & LINDSAY ATFORNEYS*AT.LAW 26 W. High Street Carlisle, PA WHEREFORE, the parties respectfully request your Honorable Court to enter an Order based on this Stipulation. Respectfully submitted, SAIDIS, SHUFF, FLOWER & LINDSAY Dated: :~- ~- o"z-~ 26 West High Street Carlisle, PA 17013 (717) 243-6222 Attorney for Respondents WITNESS: EIl'~n Mae Starner Date: ~/,//~ ~ ~ Date: ("~--/~--~ Robh g. M~La~ghlin t Ellen Mae Starner, Petitioner Bryan K. McLaughlin and Robin S. McLaughlin, Respondents · IN THE COURT OF COMMON PLEAS OF · CUMBERLAND COUNTY, PENNSYLVANIA NO. 2002-00532 ORDER attached Stipulation, it is hereby ordered and decreed that the parties shall share legal custody of Christopher Michael McLaughlin, D.O.B. 11/17/84. The parties further agree that the Petitioner shall have primary physical custody of said child, subject to periods of partial physical custody in the Defendant as provided in the attached Stipulation. This Court shall retain jurisdiction in this matter. SAIDIS SHUFF, FLOWER & LINDSAY ATroRi~Y$,AT,LAW 26W. HighStreet Carlisle, PA BY THE COURT, iN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY STATE OF B~YAN K. MCLAUGHLIN, Plaintiff VERSUS ROBIN S. MCLAUGHLINt Defendant PENNA. N O. 02-532 CIVIL ','~M DeCrEE IN DIVORCE AND NOW, 2002 , it IS ORDERED aND DECREED THAT Bryan K. McT~,}qh]~n AND Robin S. McLaughlin , PLAI NTi FF~ , DEFENDANT, ARE DIVORCED FROM THE BONDS OF MATRIMONY. THE COURT RETAINS JURISDICTION OF THE FOLLOWING CLAIMS WHICH HAVE BEEN RAISED OF RECORD IN THiS ACTION FOR WHICH A FINAL ORDER HAS NOT YEt BEEN ENTERED; The parties' Separation and Property Settlement Agreement dated March 26~ 2002 is incorporated herein, but not merged. BY THE COURT: ~ PROTHONOTARY SEPAR,4 TI ON AND PR OPER TY SE TTI~ EMENT .4 GREEMENT THIS AGREEMENT, made this ~,~ (o~-~ day of ~O.~X..~ , 2002, by and between BRYAN K. McLAUGHLIN, of 922 Baltimore Pike, Gardners, Cumberland County, Pennsylvania, party of the first part, hereinafter referred to as "Husband", AND ROBIN S. McLAUGHLIN, of P.O. Box 1322, Carlisle, Cumberland County, Pennsylvania~ party of the second part, hereinafter referred to as "W/fe", WITNESSETH: WHEREAS, Husband and Wife were married on January 10, 1991, in Mechanicsburg, Cumberland County, Pennsylvania; and WHEREAS, Husband and Wife are residents of the Commonwealth of Pennsylvania and have been so for at least the past six months; WHEREAS, certain differences have arisen between the parties hereto which have made them desirous of living separate and apart from one another; and WHEREAS, Husband and Wife desire to settle and determine certain of their marital rights and obligations, and make an equitable distribution of their marital property, det¢i-i~ine their rights to alimony and support and any other matters which may be considered under the Divorce Code; and WHEREAS, it is the intention and purpose of this Agreement to set forth the respective rights and duties of the parties while they eominue to live apart from each other and to settle all financial and property rights between them; and WHEREAS, the parties hereto have mutually entered into an agreement for the division of their jointly owned assets, the provisions for the liabilities they owe, and --Page ! of l 6-- WHEREAS, the parties hereto have mutually entered into an agreement for the division of their jointly owned assets, the provisions for the liabilities they owe, and provisions for the resolution of their mutual differences, after both have had full and ample opportunity to consult with attorneys of their respective choice, the parties now wish to have that agreement reduced to writing. NOW, TI-~.REFORE, the parties hereto in. consideration of the mutually made and to be kept promises set forth hereinafter and for other good and valuable consideration, and intending to be legally .bound and to legally bind their heirs, successors, assigns, and personal representatives, do hereby covenant, promise and agree as follows: 1.1 It sh~ll be lawful for Husband and Wife at all times herea/ter to live separate and apart from each other and to reside from time to time at such place or places as they shall respectively deem fit free from any control, restraint, or interference, direct or indirect, by each other. Neither party shall molest the other or compel or endeavor to compel the other to cohabit or dwell with him or her by any legal or other proceedings. The foregoing provisions shall not be taken to be an admission on the part of either Husband or Wife of the lawfulness of the causes leading to them living separate and apart. ARTICLE II 2.1 This Agreement is not predicated on divorce. It is specifically understood and agreed by and between the parties hereto that each of the said parties does hereby warrant and --Page 2 of l6- represent to the other that the execution and delivery of this Agreement is not predicated upon nor made subject to any agreement for institution, prosecution, defense, or for the non- prosecution or non-defense of' any action for divorce; provided, however, that nothing contained in this Agreement shall prevent or preclude either of the parties hereto from commencing, instituting or prosecuting any action or actions for divorce, either absolute or otherwise, upon just, legal andproper grounds; not to prevent either party from defending any such action which has been, may, or shall be instituted by the other party, or from making any just or proper defense thereto. It is warranted, covenanted, and represented by Husband and Wife, each to the other, that this Agreement is lawful and enforceable and this warranty, covenant, and representation is made for the specific purpose of inducing Husband and Wife to execute the Agreement. Husband and v~rffe each knowingly and understandingly hereby waive any and all possible claims that this Agreement is, for any reason, illegal, or for any reason whatsoever of public policy, unenforceable in whole or in part. Husband and Wife do each hereby warrant, covenant and agree that, in any possible event, he and she are and shall forever be estopped from asserting any illegality or unenforceability as to all or any part of this Agreement. 2.2 It is further specifically understood and agreed that the provision of this Agreement relating to the equitable dish-lbution of property of the parties are accepted by each party as a final settlement for all purposes whatsoever. Should either of the parties obtain a decree, judgment or order of separation or divorce in any other state, country, or jurisdiction, each of the parties to this Agreement hereby consents and agrees that this Agreement and all its covenants shall not be affected in any way by any such separation and divorce. --Page $ of 16.- $.2 The division of existing marital property is not intended by the parties to constitute in any way a sale or exchange of assets and the division is being effected without the introduction of outside funds or other property not constituting marital property. The division of property under this Agreement shall be in full satisfaction of all rights of equitable distribution of the parties. ~ The parties agree that Wife has various items of personal property in the marital residence. Wife agrees to make arrangements at her own expense to remove that personal property within sixty (60) days of her execution of this Agreement. Any property not removed within sixty (60) days will become the sole property of Husband. The parties acknowledge that they have divided their personal property, tangible and intangible, to their mutual satisfaction. The parties acknowledge that they have the cash, accounts, and other tangible or intangible property in their possession that they wish to have and neither party will make any claim whatsoever against the other party for any items of personal property or assets that is in the other party's possession. 3.4 ~ Each party agrees that the other party shall have sole ownership and possession of any life in~rance policies owned by the other party. Each party shall have the right tO borrow again,q, cash in policies, change beneficiaries, and exercise any other incidents of ownership of the respective policies free of any right or claim by the other party. Each party agrees to sign any documents necessary to waive, relinquish, or transfer any rights on such policies to the respective party who presently owns such policies. --Page .5 of 16- 2.3 This Agreement shall survive any decree in divorce and shall be forever binding and conclusive on the parties. It is understood by and between the parties that this Agreement shall be incorporated into any decree, divorce or separation, but it shall not be deemed merged in such decree. EQUITABLE DISTRIBUTION OF MARITAL PROPERTY 3.1 The parties have attempted to divide their marital property in a manner which confo~i,~ to the criteria set forth in the Pennsylvania Divorce Code, and taking into account the following considerations: the length of the marriage; the prior marriages of the parties; the age, health, station, amount and sources of income, vocational skills, employability; estate, liabilities, and needs for each of the parties; the contribution of one party to the education, training or increased earning power to the other party; the opportunity of each party for future acquisition of capital assets and income; the sources of income of both parties, including but not limited to medical, retirement, instance or other benefits; the contribution or dissipation of each part in the acquisition, preservation, depreciation, or appreciation of marital property, including the contribution of a party as a homemaker; the value of the property set apart to each party; the standard of living of the parties established during their marriage; the economic circumstances of each party, including federal, state and local tax ramifications, at the time of the division of the property is to become effective; and whether the parties will be serving as the custodian of any dependent minor children. -Page 4 of 16- 3.$ Subsequentl~ Acquired Peope~t~ Husband and Wife agree to waive and relinquish any and all right that he or she may now have or hereafter acquire in any real or tangible personal property subsequently acquired by the other party. Husband and Wife specifically agree to waive and relinquish any right in such property that may arise as a result of the marriage relationship. 3.6 Pension, Retirement, Proflt-$harinli. Wife agrees to waive, relinquish or transfer any and all of her right, title and interest she has or may have in her individual capacity or as Husband's Wife in any and all pension, retirement, profit-sharing, stock options or similar accounts with Husband's present employers or past employers of' which Husband has secured independently. Husband agrees to waive, relinquish or transfer any and all of his right, title and interest he has or may have in his individual capacity or as wrife's Husband in any and all pension, retirement, profit-sharing, stock options or similar accounts with Wife's present employers or past employers of which Wife has secured independently. 3.7 Vekicle~ The parties acknowledge that Wife has and shall retain sole and exclusive ownership and possession of a certain 1986 Chrysler Lebaron vehicle, which was originally titled in v~rife's name individually. Husband shall make no ownership claims of any nature whatsoever relative to access to or use of the aforesaid vehicle ~om the date of execution of this Agreement forward. -Page 6 of 16- The parties acknowledge that Husband has and shall retain sole and exclusive ownership and possession of the parties' 1997 Ford F350 Dully truck, which was originally titled in the parties' names jointly and which has an encumbrance due and owing to Waypoint Bank, requiring the monthly payment of' approximately $549.00. From the date of execution of this Agreement forward, Husband shall retain sole and exclusive responsibility for the repayment of the aforesaid automobile loan due and owing on that vehicle. Wife shall execute the title to the vehicle within fifteen (15) days of being requested to do so by Husband. Wife shall make no claim whatsoever relative to access to or use of the aforesaid vehicle and shall make no ownership claims of any nature whatsoever to the aforesaid vehicle from the date of execution of this Agreement forward. 3.8 Real Es'tat,, The parties are the joint owners of real estate located at 922 Baltimore Pike, Gardners, Cumberland County, Pennsylvania. This property is encumbered with a mortgage due end owing to Option One Bank, requiring a monthly payment of approximately $518.00. Upon presentation to Wife through counsel of a special warranty, fee simple deed, conveying all of her right, rifle and interest in the aforesaid property to Husband, Wife will execute that deed to be retained by Husband's counsel in escrow until such time as Husband pays off or refinances the aforesaid mortgage. Contemporaneously with the final payment or refinancing of the Option One Bank mortgage, thereby removing Wife's name as a responsible party on that loan, counsel for Husband shall immediately release the deed to Husband contemporaneously with the final payment or refinancing settlement so as to allow for the deed to be recorded. mortgage. In conjunction with the recording of the Husband's satisfied or refinanced -Page 7of16- Until such time as Husband's final payment or refinancing of the aforesaid mortgage, he shall be solely and exclusively responsible for making any and all payments and meeting any and all financial commitment due and owing under the aforesaid mortgage to Option One Bank. Husband shall indemnify Wife and hold her harmless from and against any and all demands for payment or collection activities of any nature whatsoever relative to the aforesaid mortgage. From the time of execution of this Agreement forward, and upon the parties' compliance with all terms of this Agreement, Wife waives and relinquishes any and all right, title and interest in the aforesaid real estate. $.9 Iatant, ible Personal ProperS. The parties have already transferred or waived rights and interest in other intangible persono! property, including their various bank accounts, credit union accounts, and the like. Each party agrees to sign any documents necessary to close any joint accounts within fiReen (15) days of signing this Agreement. Neither party shall make any claim of any nature whatsoever against the other party relative to the financial accounts or other investments or intangible personal property that have already been retained by that party as described herein. ALIMONY~ ALIMONY PENDENTE LITE, SPOUSAL SUPPORT~ CH H~I) S~]PPORT AND MAINTENANCE 4.1 The parties acknowledge that they have outstanding debts and liabilities due and owing to the following accounts: -Page 8 of 16- 1. Capital One Bank, account //438864194692, with an approximate date separatoin balance of $69.00; 2. Walmart, with an approximate date of separation balance of $564.00; 3. Beneficial/I-IFC loan, with an approximate date of separation balance of $11,418.00; 4. Conseco, with an approximate date of separation balance of $7,500.00. From the date of execution of this Agreement forward, Husband shall retain sole and exclusive responsibility and obligation for the repayment of the aforesaid debts. Husband shall indemnify Wife and hold her hru~,,less fi.om and against any and all demands for payment or collection activity of any mature whatsoever relative to the aforesaid credit card and personal loan debts. The parties ackaowledge that they have outstanding debts or liabilities due and owing to the following accounts: 1. Capital One Bank, account ~38864153894, with an approximate date of separation balance of $907.00; 2. Texaco account, with an approximate date of separation balance of $200.00; 3. Household Finance loan, with an approximate date of separation balance of' $5,000.00. From the date of execution of this Agreement forward, Wife shall retain sole and exclusive responsibility and obligation for the repayment of the aforesaid debts. Wife shall indemnify Husband and hold him harmless fi.om and against any and all demands, for payment or collection activity of any mature whatsoever relative to the aforesaid credit card and personal loan debt. Wife shall refinance the Texaco account debt into her sole and individual name --Page 9 and/or remove Husband's name fi.om said debt within thirty (30) days of signing this Agreement. 4.2 Each party represents to the other that except as is otherwise set forth in this Agreement, and more particularly as set forth in subparagraph 4.1 above, there are no major outstanding obligations of the parties; that since the separation neither party has contracted any debts for which the other will be responsible and each party indemnifies and holds h_s_rmless the other for all obligations separately incurred or assumed under this Agreement. ART/CIE V M1SCELLdNEOUS PROVISIONS ~. The parties acknowledge that they have had the opportunity to review the provisions of this Agreement and fiirther have had the opportunity to secure legal coun~l and advice relative to the legal effect to this Agreement. The parties acknowledge that they have either received independent legal advice from counsel of their own selection or that they have specifically chosen with full knowledge and on their on volition, to not seek legal advice relative to this Agreement. They further acknowledge that they fully understand the facts that are the basis of this Agreement. They acknowledge and accept that this Agreement is being entered into freely and voluntarily after having the opportunity to receive legal advice and within the knowledge that execution of this Agreement is not the result of any duress or undue influence, and further that it is not the result of any collusion or improper or illegal agreement or agreements. -Page lOof16- $.2 Mutual Releas~ Husband and W'd'e each do hereby mutually rernise, release, quitclaim, and forever discharge the other and the estate of such other, for all times to come and for all purposes whatsoever, of and from any and all fight, title and interest, or claims in or against the property (including income and gain fi'om property hereafter accruing) of the other or against the estate of such other, of whatever nature and wheresoever situate, which he or she now hos or at any time hereafter may have against such other, the estate of such other, or any part thereof~ whether arising out of any former acts, contracts, engagements, or liabilities of such other as by way of dower or curtesy, or claims in the nature of dower or curtesy or widow's or widower's rights, family exemption, or similar allowance, or under the intestate laws, or the right to take against the spouse's Will; or the right to treat a lifetime conveyance by the other as testamentary, or all other rights of a surviving spouse to participate in a deceased spouse's estate, whether arising under the laws of (a) Pennsylvania, Co) any state, commonwealth or territory of the United States, or (c) any other country, or any rights which either party may have or at any time hereafter have for past, present, or future support or maintenance, alimony, alimony pendente lite, counsel fees, costs or expenses, whether arising as a result of the marital relation or otherwise, except and only except, all rights and agreenments and obligations of whatsoever nature arising or which may arise under this Agreement or for the breach of any thereof. It is the intention of Husband and W'rt'e to give to each other by execution of this Agreement a full, complete, and general release with respect to any and all property of any kind or nature, real or personal, not mixed, which the other now owns or may hereafter acquire, except and only except, all rights and agreements and --Page 11 of 16-.. obligations of whatsoever nature arising or which may arise under this Agreement or for the breach of any thereof. $.3 Warranties. Each party represents that they have not heretofore incurred or contracted for any debt or liability or obligation for which the estate of the other party may be responsible or liable, except as may be provided for in this Agreement. Each party agrees to indemnify or hold the other party harmless fi.om and against any and all such debts, liabilities or obligations of every kind, including those for necessities, except for the obligations arising out of this Agreement. Husband and Wife each warrant, covenant, represent and agree that each will, now and at all times herea~er, save harmless and keep the other indemnified fi.om all debts, charges, and liabilities incurred by the other a/~er the execution date of this Agreement, except as is otherwise specifically provided for by the teams of this Agreement and that neither of them bereaRer incur any liability whatsoever for which the estate of the other may be liable. 5.4 No waiver or modification of any of the terms of this Agreement shall be valid unless in writing and signed by both parties and no waiver of any breach hereof or default hereunder shall be deemed a waiver of any subsequent default of the same or similar nature. 5.5 Husband and Wife covenant and agree that they will forthwith execute any and all written instruments, assignments, releases, satisfactions, deeds, notes or such other writings as may be necessary or desirable for the proper implementation of this A~reement, and as their respective counsel shall mutually agree should be so executed in order to carry fully and effectively the terms of this Agreement. --Page 12 of 16-- 5.6 This Agreement shall be construed in accordance with the laws of the Commonwealth of Pennsylvania which are in effect as of the date of the execution of this Agreement. 5.7 This Agreement shall be binding and shaft inure to the benefit of the parties hereto and their respective heirs, executors, administrators, successors and assigns. 5.8 This Agreement constitutes the entire understanding of the parties and supersedes any and all prior agreements and negotiations between them. There are no representations or warranties other than those expressly set forth herein. 5.9 ,.Veverabilitg. If any term, condition, clause, section, or provision of this Agreement shall be detea-mined or declared to be void or invalid in law or otherwise, then only that term, condition, clause or provision shall be stricken l~om this Agreement, and in all other respects, this Agreement shall be valid and continue in full force, effect, and operation. Likewise, the failure of any party to meet his or her obligation under any one or more of the articles and sections herein shall in no way void or alter the remaining obligations of the parties. 5.10 It is specifically understood and agreed that this Agreement constitutes an equitable distribution of property, both real and personal, which was legally and beneficially acquired by Husband and wife, or either of them, during the marriage as contemplated by the Divorce Code of the Commonwealth of Pennsylvania. -Page 13 of 16-.. 5.11 Disclosure. The parties each warrant and represent to the other that he or she has made a full and complete disclosure to the other of all assets of any nature whatsoever in which party has an interest, of the sources, and amount of the income of such party of every type whatsoever, and all other facts relating to the subject matter of this Agreement. $.12 Enforeeabilitg and Cons/derat/on. This Agreement shall survive any action for divorce and decree of divorce and shah forever be binding and conclusive on the parties; and any independent action may be brought, either at law or in equity, to enforce the terms of the Agreement by either Husband or Wife until it shall have been fully satidied and performed. The consideration for this contract and agreement is the mutual benefits to be obtained by both of the parties hereto and the covenants and agreements of each of the parties to the other. The adequacy of the consideration for all agreements herein contained in stipulated, confessed, and admitted by the parties, and the parties intend to be legally bound hereby. In the event either party breaches the aforesaid Agreement and it is determined through appropriate legal action that the alleged party has so breached the Agreement, the breaching party sh~lJ be responsible for any and all attorney's fees as well as costs and expenses associated with litigation incurred by the non-breaching party to enforce this Agreement against the breaching party. In the event of breach, the non-breaching party shah have the right, at his or her election, to sue for damages for such breach or to seek such other and additional remedies as may be available to him or her including equitable enforcement of this Agreement. -Page 14 of 16-- $.15 Bankruptcl,. The parties agree that any and all financial obligations assumed herein shall not be subject to the discharge through bankruptcy proceedings. This includes, but is not limited to, all financial obligations assumed under Paragraph 3.6, 3.8 and 4.1 of this Agreement. In the event either party attempts to avoid financial obligations described herein through bankruptcy proceedings, the other party shall have an independent claim against the party claiming bankruptcy for any and all sums that the other party assumes or is required to pay due to the actions of the party claiming bankruptcy. IN WITNESS WHEREOF, the parties hereto have set their hands and seals the day and year first above written. WITNESSED BY: I~ate / ROBIN S. McLAUG~ Date -Page 15 of 16-.. COMMONWEALTH OF PENNSYLVANIA · COUNTY OF : . officer, personally appeared Robie S. McLaughlin, known to me (or satisfactory proven) to be the person whose name is subscribed to the within Agreement and acknowledged that she executed the same for the purpose therein contained. I NOTARIAL SEN. RENEE L. MURRAY, Nota~/Public I Carlisle Boro, Cumberland Co., PA I My Commission Expires December 13, 2005~ IN WITNESS WI-IF. REOF, I hereunto set my hand and official seal. COMMONWE~ OF PENNSYLVANIA · couvry ov On this day of ,2002, before me, the undersigned officer, personally appeared Bryan K. McLaughlin, known to me (or satisfactory proven) to be the person whose mune is subscribed to the within Agreement and acknowledged that he executed the same for the purpose therein contained. IN WITNESS WHEREOF, I hereunto set my hand and official seal. Notarial Seal ~.n ~eo~_ m, No~j Pubic M~a_msm t~om Gumberland County y Uomm eslon Explms Apr. 17, 2603 --Page 16 of 16-- BRYAN K. MCLAUGHLIN, Plaintiff VS. ROBIN S. MCLAUGHLIN, Defer~ _~_nt IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION NO. 02-532 CIVIL TERM 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 §3301 (c) -~4d~ck)~f the Divorce Code. (Strike out inapplicable section). 2. Date and manner of service of the complaint: Certified mail, restricted delivery on February 4, 2002. Complete either paragraph (a) or (b). (a) Date of execution of the affidavit of consent required by §3301 (c) of the Divome Code: by plaintiff May 3, 2002 ; by defendant June 6, 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: Ma_v 8:2002 Date defendant's Waiver of Notice in §3301 (c) Divorce was filed with the Prothonotary: Ju~e 18:2007