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Home My WebLink About02-0740IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, COMMONWEALTH OF PENNSYLVANIA LAURA M. WALLEN, PLAINTIFF, GREGORY A. WALLEN, DEFENDANT, Civil Action---Divorce Docket No. NOTICE TO DEFEND AND CLAIM OF 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 arc 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. IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY LAWYER'S FEES OR EXPENSES BEFORE A DIVORCE OR ANNULMENT IS GRANTED YOu MAY LOSE 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, Pennsylvania 17101 (717) 249-3166 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, COMMONWEALTH OF PENNSYLVANIA LAURA M. WALLEN, PLAINTIFF, VS. GREGORY A. WALLEN DEFENDANT Civil Action--Divorce Docket No. AVISO PARA DEFENDER Y RECLAMAR DERECHOS USTED HA SIDO DEMANDADO EN LA CORTE. Si desea defenderse de las quejas expuestas en las paginas siguientes, debe tomare action con prontitud. Se le avisa que si no sc defiende, el caso puede proceder sin usted y decreto de divorcio o anulaminento puede set cmitido en su contra pot la Corte. Una decision puede tambien ser emitida cn su contra pot cualquier otra queja o compensation reclamados pot cl demandante. Usted puede perder dinero, o propiedades u otros derechos importantes para usted. Cuando la base para el divorcio cs indignidades o rompimiento irreparable del matrimonio, usted puedc solicitar consejo matrimonial. Una lista de conscjeros matrimoniales esta disponible en la officina del Prothonotary, en la Cameron County Court of Common Pleas, East 5th Street, Emporium, Pennsylvania 15834. SI USTED NO RECLAMA PENSION ALIMENTICIA. PROPIEDAD MARITAL. HONORARIOS DEABOGADO U OTROS GASTOS ANTES DE QUE EL DECRETO FINAL DE DIVORCIO O ANULIAMIENTO SEA EMITIDO. USTED PUEDE PERDER EL DERECHO A RECLAMAR CUALQUIERA DE ELLOS.USTED DEBELLEVAR ESTE PAPELA UN ABOGADO DE INMEDIATO SI NO TIENEPUEDEPAGAR UN ABOGADO. VAYA O LLAME A LOFFICINAINDICADA ABAJO PARA AVERIGUAR DONDE PUEDE OBTENER ASIS TENCIA LEGAL. CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE Carlisle, Pennsylvania 17101 (717) 249-3166 AVAILABILITY OF COUNSELING THE DIVORCE CODE OF PENNSYLVANIA REQUIRES THAT YOU BE NOTIFIED OF THE AVAILABILITY OF COUNSELING WHERE A DIVORCE IS SOUGHT UNDER ANY OF THE FOLLOWING GROUNDS: 23 Pa.C.S. & 3301(a)(6) .......Indignities 23 Pa.C.S. & 3301(c) .......... Irretrievable Breakdown; Mutual Consent 23 Pa.C.S. & 3301(d) ..........Irretrievable Breakdown; Two year separation where the court determines that there is a reasonable prospect of reconciliation. A list of marriage counselors is available in the Office of the Prothonotary Cumberland County Courthouse, 1 Courthouse Square, Carlisle, Pennsylvania 17013. GREGORY S. HAZLETT ~g, Pennsylvania 17055~ (717) 790-0490 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, COMMONWEALTH OF PENNSYLVANIA : LAURA M. WALLEN, PLAINTIFF VS. GREGORY A. WALLEN, DEFENDANT Civil Action---Divorce Case Number COMPLAINT UNDER SECTION 3301(C) OR 3301(1)) OF THE DIVORCE CODE PARTIES 1. Plaintiff is Laura M. Wallen, an adult individual, sui juris and who currently resides at 4714 Delbrook Road Mechanicsburg, Pennsylvania 17050 in the County of Cumberland. 2. Defendant, is Gregory A. Wallen an adult individual, sui juris, who currently resides at 317 South Market Street, Mechanicsburg, Pennsylvania 17055 in the County of Cumberland. JURISDICTION & VENUE 3. Plaintiff has been a resident of the Commonwealth of Pennsylvania for a period of more than 6 months immediately preceding the filing of this complaint. 4. The parties were married on the 25~ day of August, of 1990, in the County of York Commonwealth of Pennsylvania. 5. Neither the Plaintiff nor the Defendant is in the military or naval service of the United States or its allies within the provisions of the Soldiers and Sailors' Civil Relief Act of The Congress of 1940 and its amendments. 6. There have been no prior actions for divorce instituted by the plaintiff or defendant in this Commonwealth. COUNT I GROUNDS FOR DIVORCE REQUEST FOR A NO-FAULT DIVORCE UNDER SECTION 3301 (d) OF THE DIVORCE CODE. 7. For the purposes of section 3301 (d) of the Divorce Code, the parties have been living Separate since January 10~ 2002. 8. The manage is irretrievably broken. 9. Plaintiff has been advised that counseling is available and that the plaintiff may have the right to request that the court require the parties to participate in counseling. WHERFORE, plaintiff requests that the Honorable Court grant a decree of divorce pursuant to, and in conformity with 3301 (d) of the Divorce Code. 11. The parties have two biological children born within the marriage. 12. The parties have not heretofore entered into any written agreement as to support, Alimony, or property division. COUNT I GROUNDS FOR DIVORCE REQUEST FOR A NO-FAULT DIVORCE UNDER SECTION 3301 (C) OF THE DIVORCE CODE. 13. The prior paragraphs are incorporated herein by reference. WHEREFORE, provided the parties file affidavits consenting to a divorce after ninety (90) days have elapsed fi:om the date of the filing and service of this Complaint, plaintiff respectfully requests the Court to enter a decree of divorce pursuant to section 3301 (c) of the Divorce Code. GREGORY S. HAZLETT ATTORNEY AT LAW Mechanicsburg, Pennsylvania 17055 (717) 790-0490 VERIFICATION I verify that upon personal knowledge or information and belief that the statements made in this Complaint are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa C.S. & 4904, relating to unswom falsification to authorities. ~/~ ]f}~. Laura M. w'ah~n, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, COMMONWEALTH OF PENNSYLVANIA LAURA M. WALLEN, PLAIIqTIFF, GREGORY A. WALLEN, DEFENDANT, Civil Action---Divorce Docket No. ~ AFFIDAVIT OF CONSENT 1. A complaint in divorce under Section 3301(c) of the Divorce Code was filed on February 12, 2002 and served upon defendant on March 4, 2002 by way of an Acceptance of Service. (Attached hereto). 2. The marriage of plaintiff and defendant is irretrievably broken and ninety days have elapsed from the date of service of the divorce Complaint. 3. I consent to the entry of a final decree of divorce. 4. I understand that I may lose rights concerning alimony, division of property, lawyers fees or expenses if I do not claim them before a divorce is granted. 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. Cons. Stat. S 4904 relating to unsworn falsification to authorities. Laura M. Wallen, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, COMMONWEALTH OF PENNSYLVANIA LAURA M. WALLEN, Plaintiff, GREGORY A. WALLEN, Defendant No. 02-740 Civil Action - Divorce WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DVORCE DECREE UNDER § 3301[C] OF THE DIVORCE CODE 1. I consent to the entry of a final decree of divorce without notice. 2. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if 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. 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: Laura M. Wail~n, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, COMMONWEALTH OF PENNSYILVANIA LAURA M. WALLEN, PLAINTIFF, GREGORY A. WALLEN, DEFENDANT, Civil Action---Divorce Docket No. AFFIDAVIT OF CONSENT 1. A complaint in divorce under Section 3301(c) of the Divorce Code was filed on February 12, 2002 and served upon defendant on March 4, 2002 by way of an Acceptance of Service. (Attached hereto). 2. The marriage of plaintiff and defendant is irretrievably broken and ninety days have elapsed from the date of service of the divorce Complaint. 3. I consent to the entry ora final decree of divorce. 4. I understand that I may lose rights concerning alimony, division of property, lawyers fees or expenses if I do not claim them before a divorce is l~anted. 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. Cons. Stat. S 4904 relating to unsworn falsification to authorities. Date:/~t~ -} ~ ~Q gor~ A.'Wallen, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, COMMONWEALTH OF PENNS].q~VANIA LAURA M. WALLEN, : Plaintiff, : : : V. : : : GREGORY A. WALLEN, : Defendant : No. 02-740 Civil Action - Divorce WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DVORCE DECREE UNDER § 3301[C] OF THE DIVORCE CODE 1. I consent to the entry of a final decree of divorce without notice. 2. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if 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 statemems 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: /~)~ 7~ ~'~/~- Greg/or~a]llen, Defemdamt IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, COMMONWEALTH OF PENNSYLVANIA LAURA M. WALLEN, Plaintiff Vs. GREGORY A. WALLEN, Defendant Civil Action--- DIVORCE Docket # 02-740 CERTIFICATE OF SERVIC'E I, Gregory S. Hazlett, Esquire, hereby certify that on the 4TM day of March 2002 I made service of the foregoing Divorce Complaint and accompanying documents, upon the defendant Gregory A. Wallen by way of first class mail postage prepaid and the same was received by defendant by Acceptance of Service on. the 4th' day of March 2002 (Attached hereto.)to the following address listed hereunder~. GREGORY A. WALLEN 317 South Market Street Mechanicsburg, PA. 17055 DATE: 10/28/2002 GREI~O]~ S. HAZLETT Mechanicsburg, PA. 17055 717-7'90-5500 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, COMMONWEALTH OF PENNSYLVANIA LAURA M. WALLEN : Plaintiff, : GREGORY A. WALLEN Defendant : No.. 02-740 _. _. : Civil Action - Divorce ACCEPTANCE OF SERVICE I Gregory A. Wallen, accept service of the Complaint in Divorce, Notice to Defend and Notice of Availability of Counseling in the above-captioned matter. I acknowledge that I am the Defendant in said matter or that I am authorized to accept on behalf of the Defendant. Date Gregory A. ~/allen~Defendant or Authorized Agent Mailing Address IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, COMMONWEALTH OF PENNSYLVANIA : Laura M. Wallen, : Civil Action---Divorce PLAINTIFF, : Docket No. 02-740 VS. : Gregory A. Wallen, : DEFENDANT, : PRAECIPE TO TRANSMIT THE RECORD To the Prothonotary: Please 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. The complaint in Divorce was filed on the 12th day of February 2002 day of November and served by Acceptance of Service dated March 4~ 2002. (Attached hereto) 3 The plaintiff, signed her Affidavit of Consent and Waiver of Notice of Entry of a Divorce Decree on the 8/26/2002 which is attached hereto. 4. The plaintiff served her affidavit of consent, and Waiver of Notice of Intent to request Divorce Decree on defendant on the 23 rd October 2002 and the same was signed 10/27/2002. 5. There are no related claims pending as between the parties hereto and listed herein to the extent that all marital issues have been settled by way of a Mmftal Settlement Agreement which was executed on the 29th day of June 2002. 6. The defendant signed a Waiver of Notice of Intention to Request Entry of Divorce Decree on the 27th day of October 2002 pursuant to Rule 1920.72 a copy of which is attached hereto Date: GREGORY S. HAT/LETT Mechanicsburg, PA. 17055 717-790-0490 Atty. I.D. 69528 SEPARATION AND PROPERTY SETTLEMENT AGREElX lENT OF LAURA M. WAIJ,EN AND GREGORY A. WALLY N THIS AGREEMENT, made this ~ 9 , day of_~~ ,2002, by and between Laura M. Wailen, hereinafter referred to as "Wife", and Gregory k. Wailen hereinafter referred to as" Husband". WITNESSETH: WHEREAS, Husband and Wife were lawfully mamed Oll August 25~ 1990; m~d WHEREAS, certain differences have arisen between the parties as a result of v laich they have separated and, and are desirous, therefore, of entering into an agreement which will provide fc support, distribute their marital property, mad will provide for their mutual responsibilities and rights grow mg out of the marriage relationship; and WHEREAS, the parties hereto, at~r being properly advised, have come to the f(,liowing agreement. NOW, THEREFORE, m consideration of the above recitals amd the followin covenants mad promises mutually made and mutually to be kept, the parties heretofore, inten~tg to be legally i~otmd and to legally bind their heirs successors mad assiglas thereby, covenmat, promise and agree as follows: 1. SEPARATION: It shall be lawful for each party at all times hereafter to live separate and apart fr, ,a the other at such place or places as he or she may from time to time choose or deem fit. 2. INTERFERENCE: Each party shall be free from interference, authority and contac~t by the other a~ tully as if he or she was single and tmlnarried, except as may be necessmy to carry out the provisions of this Agreement. Neither party shall molest the other nor attempt to endeavor to molest the other, nor compel the othe~ to cohabit with the other, nor in any way harass or malign the other, nor in any way interfere with the peaceful ex~ ;tence, separate and apart from the other in all respects as if he or she were single and ummrried 3. WIFE'S DEBTS: Wife represents and warrants to Husband that since their separatton on or about 3muary 10~ 2000, she has not, mad m the fumm she will not, contract or incur any debt or liabiliV.¢ for which Hush:md or his estate might be responsible and shall indemnify and save Husband harmless from any and all claims a~cl demands made against hhn by reasons of debts or obligations recurred by bet subsequent to the entry of the divorce decree. 4. HUSBAND'S DEBTS: Husband represents and warrants to Wife that since their separation on or about lanuary 10~ 2000, he has not, and in the future he will not, contract or incur any debt or liability for which W~fe or her estate might be responsible and shall indemnify mad save Wife harmless from any and ~dl claims and danands made against her by reasons of debts or obligations incurred by lfitn. 4. OUTSTANDING JOINT DEBTS: It is represented as between the parties tbat there are currently joint nmfital debts incun ,d for a 16' x 72' Mobile Home which the parties shall treat as further outlined within this document. 6. MUTUAL RELEASE: Subject to the provisions of this Agreement, each party waives his or her righ~ to any and all legal or equitable clahns not otherwise provided for or allowed within this agree~nent, inasmuch ts the parties hereto agree tlkat this Agreement provides for an equitable distribution of their marital property in accordanec with the Divorce Code of 1980, as anaended. Subject to the provisions of this Agreement, each party ha- released and discharged, mad bv iltis Agreement does for hhnself or herself, and his or her heirs, legal t.presentatives, executors, adiam~stmtors mad assigns, release and discharge the other of and frolll all causes ot action, claims, fights or denmnds whatsoever in law or equity, which either of the parties ever had or now has against the other, except may or all cause or causes of action for divorce and except in any or all causes of action for breach of any provisions of this Agreement. Each party also waives his or her right to request marit,~l counseling pursuant to Section 202 of the Divorce Code. 7. EQUITABLE DISTRIBUTION OF MARITAL PROPERTY:: The parties lkave attempted to distribute their marital property ha a manner whic~ conforms to the criteria set forth in Section 401 of the Peansylvania Divorce Code, and taking into account the ,bllowing considerations: the length of the mamage; the age, health , station, amount and sources of i~come, vocational skills, employability, estate, liabilities mad ueeds of each of the parties; the contribution of ea& party to the education, trailmag or inereased earning power of thc other party; the opportunity of each party for future acquisitions of capital assets and income; the sources of income of both parties' including but not limit~'d to medical, retirement, insurance or other benefits; the contribution or dissipation of each party in the ;tcquisition, preservation, depreciation or appreciation of the m~rital property, including the contribution of eacl' spouse as a homemaker; thc value of the property set apart to each party; the standard of living of the part,:s established during the marriage: mad the econo,mc circumstances of each party at the time the division ~7 property is to become effective. The division of existing marital property is not intended by the parties 1:o constitute m m~ v way a sale or exchange of assets, funds or other property uot constituting nmrital properly,. The divisio, of property under this Agrecment shall be ha full satisfaction of all marital rights of the parties. A. DISTRIBUTION OF PERSONAL PROPERTY The parties hereto mutually agree that they will divide equally all personal iten~ consisting of, but not by way of limitation, the household furnishings, appliances, and other household personal l~ operty of whatever type, description, and fom~, between them, and they mutually agree that each party shall fror~ and after the date hereof be the sole and separate owner of all such tangible personal property presently in his or~ ~er possession. Should it beconie necessary, the parties each agree to sign, upon request, any titles ot documents necessary to give effect to this paragraph. Husband and Wife shall each be deemed to be in the pos-ession and control of his or her own ind~Mdual pension or other eniployee benefit plans or ~5rement benefil- of any nature with the exception of Social Security benefits to which either party may have w:sted or contingent right or interest at the tinge of the sigmng of tiffs Agreement, and neither will make any claim against the oth~ r for any interest is such benefits. From and afar the date of the sigrmig of this Agreement, both parties shall have complle freedom of disposition as to Iris/her separate property and any property which they have divided equally pursu:,nt to this agreement and may mortgage, sell, grant, convey, or otherwise enctunber or dispose of such property, whether real of personal, whether such property was acquired before, during or aiter the nmrriage, and neither H~band nor Wife need join in, consent to, or aclaiowledge any deed, mortgage, or oilier instnm~ent of the other per~ ?ming to such disposition of property. 8. REAL PROPERTY: The parties to this agreement have a legal and equitable and possessory interest in pc op~l property consisting of a 16' x 72' Clayton Mobile Home which is currently enctunbered by a Mortgage an,: is tiffed in both husband mid wife's nmne. Husband shall purcb~ase the trailer and continue to n~ake payments o~ the same until it is paid in full. When husband has paid the outstanding mortgage wife will thereupon sign full !~,gal and equitable title of said mobile home into husband's ~mme alone mid wife shall relinquish, any and all leg~ and equitable claims to fl~s mobile home thereafter. Husband however, agrees to maintain and pay all mort~ ages, encumbrances and utility bills or any m~d all other bills which are incurred during his occupation of the ho~ ~e as a sole and exclusive owner m~d shall hold wife harmless and indenmify her in the event he negD~ts, to mah~min all household related expenses. The three bedroom home located 4714 Delbrook Road, Mechanicsburg, PA. 1%,50, which is currently deeded in both Wife's and her father's nmne shall be the sole exclusive possession ofV~ ~e and Wife shall remain as the sole exclusive legal and equitable owner of said property subject only to her fall~,~r's legal interest in said property. Husband relinquishes and releases any and all legal and/or equitable claims t( said property. 9. MOTOR VEHICLES Wife shall sign the title of the 1991 Chevrolet Lmnina, into husband s name and she sh. ~1 retain full legal and equitable ovmership of the 1995 Chevrolet Lumina which will remain titled in her ~mme 10. CHILD SUPPORT: Husband agrees to pay to Wife the sum of $200.00 per month (dollars) per month in the form of child support and 50% percent of all necessary expenses incurred relative to the children, l:,,aher Husband shall pay 50% percent of the children;s medical, dental, vision and any other expense pertaini~ ~g to the physical and/or psychological well being of the children and shall maintain medical, clental, and vision ;nsurance on the children until they reach the age of majority. Husband shall pay 50% percent of College Tuitior, incurred for the childrens education. Wife shall be entitled to declare the children on her tax returrt utilizing the & 0endency exemption. 1 I. CHILD CUSTODY to Husband s Pamo, I~hysical Custody as the Wife shall have Primary Physical Custody of the cluldren subject ' '~; parties may agree. Both Wife and Husband shall have Joint Legal Custody of the chil& ~-n. 12. PENSION PLAN: The party's release any interest in the opposite spouse's Pension, Retirement, St, ,&s, Bonds, or any other interest ~vherescevcr located and wlfich may have accun~ulated prior to, during, and sub,,:quent to the nm_triage. 13. COUNSEL FEES AND EXPENSES: Husband and wife shall not seek any compensation f~om the other spouse for Cot~,~sel Fees and Expenses. Husband and Wife Acknowledge and agree that the provisions of this Agreement p~ ~,viding for the equitable distribution of nmrital property of the parties are fair, adequate and satisfactory to th~ ~ a. Both parties agree to accept the provisions set forth in this Agreement in lieu of and in full and ha,al settlen~,:nt and satisfaction of all claims and demands that either may now or hereafter have against ms other for alim, ,,~y pendente lite, counsel fees or expenses or any other provisions for their support and ~xainteuance befvt~, during and after the commencement of any proceedings for divorce or mmulment between thc parties. 14. WAIVERS OF CLAIMS AGAINST ESTATES: Except as hereto othe~vise provided, each party may dispose of his or her prop~ ;fy in any way, and each party hereby waives and relinquishes any and all rights lac or she may now have or hi ,eatter acquire, under the present or future laws of any jurisdiction, to share m the property or estate of the othe~ as a result of the marital relationship, including without lin-dtation, dower, curtesy, statutory allowance, widow's :~tlowance, intestate share, right to take against the will of the other, and right to act as administrator or exceutor ~ f the others estate. Each will, at the request of the other, execute, acknowledge and deliver any and all instmmen~ which may be necessary or advisable to carry into effect this mutual waiver and relinquishment of all such interes~ ~, rights and claims. 15. SUBSEQUENT DIVORCE: Husband Ins filed a no-fault complaint in divorce against Wife under Section 330 (c) of the Divorce Code. ha the event such divorce action is concluded, the parties shall be bored by all the term. of this Agreement which may be incorporated by reference into the Divorce Decree, shall not be merged into the 13ivorce Decree, and shall not be modified, but shall in all respects survive the same and be further binding and co~ ~clusive upon the parties. It is the intenti°n of the parties that the Agreement shall survive any action for divom which may be instituted and prosecuted by either party and no order, judgment or decree of divorce, temporal, final or pennanent shall affect or modify the financial terms of this Agreement. This Agreement may be inco~ porated in but shall not merge into any such judgment or decree of final divorce, but shall be incorporated for the purposes of enforeelneut only. Further Wife agrees to sign all related documentation to facilitate the entry of a divorce ,~s between the parties and agrees to sign and remm to husband's attorney such paperwork within 48 hours of the :late of the signing of this agreement. 16. BREACH AND ENFORCEMENT: If either party breaches any provision of this Agreement, the other party shall lu~¢ the fight, at his or her election, to sue for damages for such breach, or seek other such remed~tes or relief as n,~y be available to him or her, and the party breaching this Agreement should be responsible for payment of legal ~ces and costs incurred by thc other m enforcing his or her rights under tiffs Agreement. A. It is expressly anderstood mad agreed by and between the parties hereto th~ this Agreement may be specifically enforced by either Husband or Wife ha Equity, or m Law a~d the parties he[ :co agree that if an action to enforee this Agreement is brought in Equity by either party, the other party will ~ake no objection on the alleged ground of lack of jurisdiction of said Court on the ground that there is an adequate remedy at law. the parties to not intend or purport hereby to improperly coffer jurisdiction on a Court in t Xluity by this Agreement, but they agree as provided hereto for the forum of Equity in mutual recognition of the p~ ~sent state of the law, and in recognition of the general jurisdiction of Courts in Equity over agreements such as ~-; one. B. Notwithstanding auything to the contrary hereto, Husband and Wife may also proceed with an action at law for redress of his or her rights under the terms of this Agreement, and in sma event it is specifically understood and agreed that for and in specific consideration of the other provisio~s and covenmats of this Agreement, each shall waive any right to a jury trial so as to expedite the hearing and di,position of such case and so as to avoid delay. C. Each party farther hereby agrees to pay and to save and hold l~mnless the oti er party from any and all attomey's fees and costs of litigatiola that either may sustain, or incur or beo,me liable for, in any way whatsoever, or shall pay upon, or in consequence of any default or breach ~,y the other of any of the temps or provisions of this agreement by reason of which either party sh~ll be obliged to retain or engage counsel to initiate or maintain or defend proceedings against the othcc at law or equity or both in any way whatsoever; provided that the party seeks to recover such att, ,mey's fees, and costs of litigation must first be successful in whole or in part, before there would be a~y liability for attorney's fees and costs of litigation. It is the specific agreement attcl intent of the p;~ties that a breaching or ~vrongdoing party shall bear the burden and obligation of ~v and all costs .:nd expenses and counsel fees incurred by himself or herself as well as the other party in endeavoring 1. ~ protect or enforce his or her fights trader this Agreement. 17. ~UPPORT Both lmsband and wife relinquish, waive, mad release each other from any and all cl;~mas to Spousal Support, Alhnony, Alimony Pendent Lite, and/or any other form of support. 18. ADDITIONAL INSTRUMENTS: Each of the parties shall from time to thne, at the request of the other, execute, a~ knowledge and deliver to the other party any and all further instmments that may be reasonably required to give ~ull force and effect to the provisions of tiffs Agreement. 19. VOLUNTARY EXECUTION: The provisions of this Agreelnent and their legal effect have becn completely rex ~ewed by the parties, and each party acknowledges that the Agreement is fair and equitable, that it is being ent~ 'ed into vol~tarily, with full knowledge of the assets of both parties, and that it is not the result of may duress or undue influence. The parties acknowledge that they have becn furnished with all information relating to the fmmcial affairs of the other which has been requested by each of them. 20. ENTIRE AGREEMENT: This Agreement contains thc entire tmderstanding of the parties and there are no n ~>resentations, warranties, covemmts or andertakings other than those expressly set forth herein. Husband and W,~'e acknowledge and agree that the provisions of tiffs Agreement with respect to the division and distribution of ma~ ~tal and separate property are fair, equitable and satisfactmy to them based on the length of their nmrriage and oti,er relevant factors which have been taken into consideration by the parties. Both parties hereby accept the prc,4sions of this Agreement witli respect to the division of property, m lieu of and in full and final s~,~tlement and sat ~sfaction of all claims and demands that they may now have or hereafter have against the other for equitable distfil~tion of their property by m~y court of competent jurisdiction pursuant to Section 401 (d) of the Divorce Code or. my other laws. Husband and Wife volantafily and intelligently waive and relinquish any right to seek a court ordered determination and distribution of marital property, but nothing herein contained shall constitute a waiv. r by either party of any rights to seek the relief of any court for the purpose of enforcing any provision of this A~ rcement. 21. DISCLOSURE: Husband mad Wife each represent and warrant to the other that he or she has ~, ~ade a full and complete disclosure to the other party of all assets of any nature whatsoever in which such party h:~ an interest, the sources and amount of the income of such party or every type whatsoever and of all other fa, ~ s relating to the subject matter of tiffs Agreement. 22. MODIFICATION AND WAIVER: A modification and waiver of may of the provisions of this Agreement shall be ,ffective only if made in writing and executed with the san~e formality as this Agreement. The thilure of either i~arty to insist upon strict performance of any of the provisions of this Agreement shall not be eonstrued as a '~, ;river of any subsequent default of the same or similar nature. 23. PRIOR AGREEMENT: It is anderstood and agreed that any and all property settlement agreements . ~fich may or have been executed prior to the date and time of this Agrcement are null and voitd and of no ef~.',ct as well as any verbal agreements or representations occurring prior to the effective date of this instrument. 24. DESCRIPTIVE HEADINGS: Thc descriptive headings used herein are for convemence only. They shall ha~ no effect whatsoever in determining the rights or obligations of the parties. 25. INDEPENDENT SEPARATE COVENANTS: It is specifically understood and agreed by and between the parties hereto that ea~ i~ paragraph hereof shall be deemed to be a separate and independent covenant and agreement. 26. APPLICABLE LAW: This Agreement shall be construed under the laws of the Commonwealth ofPenns, ivania. 27. VOID CLAUSES: If any temxs, conditions, clause or provision of this Agreement slmll be determined or declared to be void or invalid m law or otherwise, then only that term, condition, clause or provision shall be stricken from this Agreement and m all other respects this Agreement shall be valid and continue in full fo, c,~, effect and operation. 28. AGREEMENT BINDING ON HEIRS: Tlfis Agreement shall be binding and shall inure to the benefit of the parties hereto md their respective heirs, executors, achninistrators, successors and assigns. IN WITNESS WHEREOF, the parties hereto have set their hand and seals the ,i:ty and year first above Commonwealth of Pennsylvania County of Cumberland Wallen, known to me (or satisfi~ctorily proven) to be the person w.hose name is :bscribed to the within instrument, and acknowledged that he executed the same for the purposes therein :ontained. IN WITNESS WHEREOF, I he~ hand and official seal. ~ Seal Tittle of Officer Grego~yVAJ/Whllen Commonwealth of Pennsylvania County of Cumberland Notarial .,~eal Shannon Crarner, Nolary Public Silver Spring Twp., Cu~rffoerfand County My Commission Expires Oct. 11, 2004 Member, Pennsylvania Association of Notaries On this, the (~_.doy of ~ A.0.2002, beJbre me a Nc ctry Public appeared Gregory A. Wallen, known to me (or sati{factorily proven) to be the person who., .'~ name is subscribed to the within instrument, and acknowledged that he executed the same for the purpo. ,s therein contained. IN WITNESS WHEREOF, I hereunto set my hand and qfficial seal. Title of Office Seal rNotarial seal f Shannon Cramer, No{my Public ~vlv~ Spring Twp., Cumber[and County y Commission Expires OCt. 11, 2004 Member, Pennsylvania Association ol Notaries IN THE COURT OF COiVlMON PLEAS OF CUMBERLAND COUNTY STATE Of _~~ PENNA. NO. 02-740 VERSUS GREGORY A. WALLEN AND NOW, DECREED THAT AND DECREE IN DIVORCE LAURA M. WALT.FiN GREGORY A. WALLEN , 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 MARITAL SETTLEMENT AGREEMENT SIGNED ON JUNE 29TH 2002 DECREE. ATTEST/~L__~ PROTHONOTARY