Loading...
HomeMy WebLinkAbout02-0832IN THE COURT OF COMMON PLEAS OF CUMBERI,AND COUNTY, PENNSYLVANIA LINDA K. KLASE, Plaintiff VS. PAUL T. KLASE, Defendant NO. 0,)- - ~a.-Z CIVIL ACTION - LAW IN DIVORCE NOTICE TO DEFEND AND CLAIM RIGHTS You have been sued in Court. If you wish to defend against the claims set forth in the following pages, you must take prompt action. You are warned that if you fail to do so, the case may proceed without you and a Decree of Divorce or annulment may be entered against you by the Court. A judgment may also be entered against you for any other relief requested in these papers by the Plaintiff. You may lose money or property or other rights important to you. 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 Court House, Carlisle, Pennsylvania 17013. 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 ASSISTANCE. Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 Telephone: (717) 249-3166 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA LINDA K. KLASE, Plaintiff VS. PAUL T. KLASE, Defendant NO. CIVIL ACTION - LAW IN DIVORCE AVISO PARA DEFENDER Y RECLAMAR DERECHOS USED HA SIDO DEMANDADO EN LA CORTE. Si desea defederse de las quejuas expuestas en las paginas siquientes, debe romar action con prontitud. Se le avisa que si not se defiende, el caso puede proceder sin usted y decreto de divorcio o anulamiento puede ser emifido en su contra por la Cone. Una decision puede tambien ser emitida en su contra por cualquier otra queja o compensation reclamados por el demandante. Usted puede perder dinero, o propiedades y otros derechos importantes para usted. Cuando la base para el divorcio es indignidades o rompimiento irreparable del matrimonio, usted puede solicitar consejo matrimonial. Una lista de consejeros matrimoniales esta disponible en la oficina del Prothonotary, en la Cumberland County Court House, Carlisle, Pennsylvania 17013. SI USTED NO RECLAMA PENSION ALIMENTICIA, PROPIEDAD MARITAL, HONORARIOS DE ABOGADO Y OTROS GASTOS ANTES DE QUE EL DECRETO FINAL DE DIVORCIO O ANULAMIENTO SEA EMITIDO, USED PUEDE PERDER EL DERECHO A RECLAMAR CUALQUIERA DE ELLOS. USTED DEBE LLEVAR ESTE PAPEL A UN ABOGADO DE INMEDIATO. SI NO TIENE O NO PUEDE PAGAR UN ABOGADO, VAYA O LLAME A LA OFICINA INDICADA ABAJO PARA AVERIGUAR DONDE PUEDE OBTENER ASISTENCIA LEGAL. Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 Telefano: (717) 249-3166 IN THE COURT OF COMMON PLEAS OF CUMBERI,AND COUNTY, PENNSYLVANIA LINDA K. KLASE, Plaintiff VS. PAUL T. KLASE, Defendant CIVIL ACTION - LAW IN DIVORCE AFFIDAVIT OF MARRIAGE COUNSELING Linda K. Klase, being duly sworn according to law, deposes and says: 1. 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. 2. I understand that the court maintains a list of marriage counselors in the Office of the Prothonotary, which list is available to me upon request. 3. 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 understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904, relating to unswom falsification to authorities. Date: Linda K. Klase IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA K. KLASE, Plaintiff PAUL T. KLASE, Defendant CIVIL ACTION - LAW IN DIVORCE COMPLAINT IN DIVORCE AND NOW, this /~ ~- day of February, 2002, comes the Plalntiff~ Linda K. Klase, by her attorney, G. Patrick O'Connor, Esquire, Office of G. Patrick O'Connor, Esquire, and files the following Complaint in Divorce whereof the following is a statement: 1. The Plaintiff, Linda K. Klase, is an adult individual who currently resides at 16 Clemson Drive, Camp Hill, Cumberland County, PA 17011. 2. The Defendant, Paul T. Klase, is an adult individual who currently resides at 1717-A Fisher Road, Mechanicsburg, Cumberland County, PA 17055. 3. The Plaintiff and Defendant were married on or about March 21, 1998, and separated on or about August 1, 2001. 4. The Defendant has been a bona fide resident of the Commonwealth of Pennsylvania for at least six (6) months immediately previous to the filing of this Complaint. 5. There have been no prior actions of divorce or annulment between the parties. 6. The Plaintiff has been advised of the availability of counseling and the right to request that the Court require the parties to participate in counseling. 7. Both the Plaintiff and Defendant are sui jufis and are citizens of the United States. 8. The Plaintiff avers as the grounds upon which this action is based is that the marriage between the parties hereto is irretrievably broken. WHEREFORE, the Plaintiffrequests your Honorable Court to enter a decree divorcing the Plaintiff and Defendant absolutely. Respectfully submitted, ~. Patrick O'Connor, Esquire 3105 Old Gettysburg Road Camp Hill, PA 17011 (717) 737-7760 ID No. 64720 Attorney for the Plaintiff VERIFICATION I, LINDA K. KLASE, state that I am the PLAINTIFF in the above-captioned case and that the facts set forth in the foregoing are tree and correct to the best of my knowledge, information, and belief. I realize that false statements herein are subject to the penalties for unswom falsification to authorities under 18 Pa.C.S. Sec. 4904. Date: Linda K. Klase G. PATRICK O'CONNOR ATTOR~-EY AT LA;V 3105 OLD GETTYSBURG ROAD CAMP HILL, PENNSYLVANIA 17011-7~>08 TELEPHONE: 717-737-7760 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA LINDA K. KLASE, Plaintiff VS. PAUL T. KLASE, Defendant NO. 02-832 Civil CIVIL ACTION - LAW IN DIVORCE AFFIDAVIT OF SERVICE BY MAIL PURSUANT TO PA. R. CIV. P. 1920.4 G. Patrick O'Connor, Esquire, being duly sworn according to law, deposes and says that he mailed a copy of the Complaint in Divorce filed in this matter by certified mail, return receipt requested, addressee only, to the Defendant at 1717-A Fisher Road, Mechanicsburg, Pennsylvania 17055. The return receipt signed by the Defendant is evidence of delivery to him and is attached as Exhibit "A". I verify that the facts contained above are tree and correct to the best of my knowledge, information and belief. I understand that the facts herein are verified subject to the penalties for unsworn falsification to authorities under Crimes Code, Section 4904 (18 Pa.C.S. §4904). -,/(3. Patrick O'Connor, Esquire I.D. No. 64720 3105 Old Gettysburg Road Camp Hill, PA 17011 Phone 717-737-7760 Attorney for Plaintiff ~omplete items 1, 2, and 3. A~o complete IBm 4 If Restricted Delivery is desired. · Print your name and address on the reverse I I C. ~ io that we can mturn the card to you. II ~-.", ) _ -- []A~.* ·~ttach this card to the back of the mailpieco, II x ~lr on the front if space permits. 11 .... _,~ ~ ~ . I-I Yi 2. Atticle Number (Copy from se/vice label) '~0 0 0 I,~,.~ 0 0(~;~-"~ / ~// ~,~.. 3 EXHIBIT "A" IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA LINDA K. KLASE, Plaintiff VS. NO. 02-832 Civil PAUL T. KLASE, Defendant CIVIL ACTION - LAW IN DIVORCE AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed on February 15, 2002, and service made on the Defendant on February 28, 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. 4. 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. 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: /~ I/1~ Linda K. Klase, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA LINDA K. KLASE, Plaintiff VS. PAUL T. KLASE, Defendant NO· 02-832 Civil CIVIL ACTION - LAW 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 ifI 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 the foregoing 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:~ Linda K. Klase, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERI,AND COUNTY, PENNSYLVANIA LINDA K. KLASE, Plaintiff VS. PAUL T. KLASE, Defendant NO. 02-832 Civil CIVIL ACTION - LAW IN DIVORCE AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed on February 15, 2002, and service made on the Defendant on February 28, 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 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: ~\~ Paul T. Klase, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA LINDA K. KLASE, Plaintiff VS. NO. 02-832 Civil · CIVIL ACTION - LAW PAUL T. KLASE, · Defendant · 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 ifI 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 the foregoing 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:. ~\~O'Z._ Paul T. Klase, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA LINDA K KLASE, Plaintiff VS. PAUL T. KLASE, Defendant NO. 02-832 Civil CIVIL ACTION - LAW IN DIVORCE PRAECIPE TO TRANSMIT THE RECORD Grounds for divorce: Section 3301(c) of the Divorce Code Section 3301(d) of the Divorce Code Date complaint filed: February 15, 2002 Date of service of the complaint: February 28, 200:2 If serqice 30 days after date of filing, date complaint reinstated: Manner of service of the complaint: ff Certified mail, restricted delivery to and remm receipt signed by defendant __First-class mail-not returned, certified mail refused, 15 days have elapsed Date of mailing: Date certified mail refused: __Personal service by Shefiffand/or Deputy Sheriff Personal service by competent adult other than Sheriff (Affidavit attached) __Acceptance of service (Copy attached) By publication pursuant to Order of Court (Copy of Order attached) Affidavit of consent required by Section 3301(c) &the Divorce Code: Date of execution: plaintiff.' June 1, 2002 defendant: June 1, 2002 Date of filing: plaintiff.' contemporaneously herewith defendant: contemporaneously herewith (a) (b) (c) (d) (a) (b) Plaintiff's affidavit required by Section 3301(d) of the Divorce Code: Date of execution: Date of filing: Date of service upon defendant: Manner of service: Related claims pending: None. All economic claims have been settled. (a) Date of sendce of the notice of intention to file praecipe to transmit, a copy of which is attached: Manner of service: Date waiver of notice to file praecipe to transmit was filed with the Prothonotary: By plaintiff: contemporaneously herewith By defendant: contemporaneously herewith (b) VERIFICATION I verify that the statements made in this praecipe are true and correct, I understand that false statements herein are made subject to the penalties of 18 Pa.C.S.A. §4904 relating to unsworn falsification to authorities. Date ~/Attorn~y for Plaintiff SEPARATION AND PROPERTY SETTLEMENT AGREEMENT THIS AGREEMENT made and entered into this .. ~t'/f~day of ~r- 2001, by and between PAUL T. KLASE, of Cumberland County, Pennsylvania, party of the first part, hereinafter referred to as "Husband," and LINDA K. ICLASE, of Cumberland County, Pennsylvania, party of the second part, hereinafter referred to as "Wife." WITNESSETH: WHEREAS, the parties hereto are husband and wife, having been married on or about March 21, 1998 and separated on August 1, 2001; and WHEREAS, certain differences have arisen between the parties as a consequence of which they intend to live separate and apart from each other during the rest of their natural lives; and WHEREAS, the parties desire to confirm their separation and desire to enter into an agreement for the final settlement of their property and affairs; and WHEREAS, the parties imend to dissolve their marital status by means of a divorce pursuant to Section 3301[e] of the Divorce Code of Pennsylvania. NOW, THEREFORE, in consideration of the foregoing and in further consideration of the covenants and promises hereinafter mutually to be kept and performed by each party hereto, as well as for other good and valuable considerations, it is agreed as follows: 1. SEPARATION. It shall be lawful for each party at all times hereafter to live separate and apart from the other party, at such place or places as he or she from time to time may choose or deem fit. 2. NON-INTERFERENCE. Each party shall be free from interference, authority and control, direct or indirect, by the other in all respects as fully as if he or she were single and unmarried. Each may, for his or her separate use or benefit, conduct, carry on and engage in any business, occupation, profession or employment which to him or her may seem advisable. Neither party shall molest, harass, disturb or malign the other or the family of said other, nor compel or attempt to compel the other to cohabit or dwell with him or her. 3. MUTUAL RELEASES. Husband relinquishes his inchoate intestate right in the estate of Wife, and Wife relinquishes her inchoate intestate right in the estate of Husband, and each of the parties hereto by these presents, for himself or herself, his or her heirs, executors, administrators or assigns, does remise, release, quitclaim, and forever discharge the other party hereto, his or her heirs, executors, administrators or assigns, or any of them, of and from any and all claims, demands, damages, actions, causes of actions, or suits at law or in equity, of whatsoever kind or nature, for or because of any matter or thing done, omitted, or suffered to be done by said party prior to .and including the date hereof; except that his release shall in no way exonerate or discharge either party hereto from the obligations and promises made and imposed by reason of this Agreement, and shall in no way affect any cause of action in absolute divorce which either party may have against the other party. 4. MARITAL PROPERTY. The parties hereto acknowledge and agree that they acquired various assets and debts before and during their marriage, whether the same were held jointly or individually by the parties hereto, including but not necessarily limited to: (a) Real property located at 300 Park Circle, Millville, Delaware, consisting of a comer lot with a double-wide mobile home, enhanced by decks and screened-in porch. The said real property is titled in the names of both husband and wife. The said mobile home is titled in the name of husband. A mortgage secured by the real property and mobile home, held by Baltimore Trust Company (Account #0010306203087) is scheduled to be paid off in January of 2002. Approximately $4,000 was owed at the time of separation. (b) Household goods, contents, furniture and furnishings located at the mobile home at Millville, Delaware, and at the rented marital residence at Mechanicsburg, Pennsylvania. (c) Husband's 1995 Buick, titled solely in the name of Husband. Said automobile is encumbered by a loan. (d) Wife's 1996 Chevrolet Monte Carlo, titled solely in the name of Wife. Said automobile is not encumbered by any loan. (e) Approximately fifty (50) shares of the common stock of Rite Aid Corporation, registered in the names of both Husband and Wife. (0 (g) Various items of personal property of a personal nature. Store and credit card debts amounting to less than $1,000. 5. I)ISTRIBIJTION OF MARITAL PROPERTY. The parties hereto covenant and agree that the assets described in Paragraph 4, above, have been or are hereby being divided and distributed between them as follows: (a) Husband and Wife agree that the property, consisting of the comer lot and mobile home, located at 300 Park Circle, Millville, Delaware, shall be sole property of Husband, and Husband agrees to pay to Wife thirty-two thousand dollars ($32,000.00) within ninety (90) days after Wife executes a deed which shall convey title of the real property to Husband. Husband's deadline for providing the said payment may be extended by Wife, if Wife considers an extension reasonable and necessary, and if Wife grants an extension in writing. In the event that Husband has not paid Wife in full by the date of the said deadline or extended deadline, Wife may, at her option, either: (a) require that the real property and mobile home be sold; (b) undertake legal action to obtain payment from Husband; or (c) unilaterally void this Separation and Property Settlement Agreement, to the end that this agreement is without further effect. In the event that Husband defaults on his obligation to make payment by the deadline date or extended deadline date and Wife requires the sale of the real property and mobile home, it is agreed that the said property shall be listed and sold at prices that are mutually agreeable. However, Husband agrees that he shall accept any offer that is received from a potential purchaser of one hundred seventeen thousand dollars ($117,000) or more. Net proceeds from the sale of the property shall be divided equally between Husband and Wife. Wife shall be allowed access to the said property at all times until the said property is sold. Husband and Wife agree that no locks shall be changed at either the Millville, Delaware, property or at the marital residence located at 1717-A Fisher Road, Mechanicsburg, until equitable distribution of all property is completed in accordance with this Separation and Property Settlement Agreement. In the event that Husband defaults on his obligation to make payment by the deadline date or extended deadline date and Wife elects to pursue legal action to obtain payment, Husband agrees to pay Wife's reasonable attorney fees in pursuing her legal action. Upon payment of the amount agreed upon, Wife relinquishes and disclaims any and all ownership, right, title and interest in said property and Wife covenants and agrees that Husband shall be and remain the sole and separate owner of same. (b) Husband agrees that Wife may take her choice of the household goods, contents, furniture and furnishings located at 300 Park Circle, Millville, Delaware, as of August l, 2001, with the exception of the living room suite, the entertainment center, and the bunk beds. Husband shall be and remain the sole owner of the living room suite, the entertainment center, and the bunk beds. Personal property located at the Mechanicsburg marital residence at the time of separation has been divided to the satisfaction of the parties. The division of said property was accompanied by the payment of two hundred twenty-five dollars ($225) from Husband to Wife as compensation for an oak grandfather's clock, an oak rocker and pictures. Each party relinquishes and disclaims any and all ownership, right, title and interest in whatever is taken by the other party. (c) Wife relinquishes and disclaims any and all ownership, right, title and interest in Husband's 1995 Buick, and Wife covenants and agrees that Husband shall be and remain the sole and separate owner of same. Husband shall be responsible for all debt related to said vehicle. (d) Husband relinquishes and disclaims any and all ownership, right, title and interest in Wife's 1996 Chewolet Monte Carlo, and Husband covenants and agrees that Wife shall be and remain the sole and separate owner of same. Wife shall be responsible for all debt related to said vehicle. (e) Wife hereto relinquishes and disclaims any and all ownership, right, title and interest in and to all of the common stock of Rite Aid Corporation presently registered in the names of Husband and Wife, and agrees that Husband shall be and remain the sole and separate owner of same. (f) Each of the parties hereto relinquishes and disclaims any and all ownership, right, title and interest in or to the personal effects of the other. (g) Each of the parties hereto agrees to take responsibility for payment of all debts incurred by him or her during the marriage that are not otherwise specified in this Agreement. 6. EQUITABLE PROPERTY. This Agreement constitutes an equitable division of the parties' marital property. The parties have determined that the division of this property conforms with regard to the rights of each party. The division of existing marital property is not intended by the parties to constitute in any way a sale or exchange of assets. 7. INDEMNIFICATION FOR PAST DEBTS. Except as otherwise provided in Paragraph 5, above, each of the parties hereto covenants and agrees to assume full responsibility for and to pay all debts and obligations of whatsoever kind or nature incurred individually by that party prior to the day and date of this Agreement, and each of the parties hereto hereby covenants and agrees to indemnify the other party and save him or her harmless from all liability or claim on account of said debts and obligations from and after the date hereof. 8. FUTURE OWNERSHIP OF PROPERTY. Each of the parties hereto may hereafter own and enjoy, independently of any claims or fights of the other, all items of personal and real property, tangible or intangible, 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. 9. MUTUAL RELEASES. The parties acknowledge that under prevailing Pennsylvania law they each have certain possible fiscal fights, including but not limited to the following: spousal support, alimony pendente lite in the event of a divorce, permanent alimony subsequent to a divome, recovery of counsel fees, costs and expenses in the event of a divome, and equitable distribution of marital property. It is the intention of the parties hereto that all of the foregoing fights and remedies, are hereby waived and forever released and that this Agreement shall have the effect of a final Order of Court relieving each party of the obligation to the other for any and all of the foregoing possible fights and remedies. The parties have effected an equitable distribution of their marital property and neither will seek further distribution by any action at law or in equity. 10. EFFECT OF DIVORCE DECREE The parties covenant and agree that unless otherwise specifically provided herein, this Agreement shall continue in full force and effect after such time as a final decree in divorce may be entered with respect to the parties. 11. INDEMNIFICATION FOR FUTURE DEBTS. Each of the parties hereby covenants and agrees with the other party not to make, incur or attempt to make or incur any debt or obligation for or on behalf of the other party hereto, or for which the other party may be held liable, from and after the date hereof, and each of the parties hereto hereby covenants and agrees to indemnify the other party and save him or her harmless from all liability or claim on account of said debt or obligations from and after the date hereof. 12. OTHER DOCUMENTS. Each of the parties hereto shall, from time to time, at the request of the other party, execute, acknowledge and deliver unto said other party any and all further documents or instruments which may be reasonably required to give full force and effect to the terms and provisions of this Agreement. 13. DIVORCE. This Agreement shall not be construed to affect or bar the right of either Husband or Wife to an absolute divorce on legal and truthful grounds if they now exist or may hereafter arise. This Agreement is not intended to condone and shall not be deemed to be a condonation on the part of either party hereto of any act or acts on the part of the other party which have occurred prior to or which may occur subsequent to the date hereof. It is understood, however, that Wife will pursue an action in divome pursuant to Section 3301(c) of the Divorce Code of Pennsylvania, on the grounds that the marriage is irretrievably broken. Both parties specifically agree to execute and file the appropriate affidavits of consent necessary to complete said action in divorce. 15. SEVERABILITY. The waiver of any term, condition, clause or provision of this Agreement shall in no way be deemed or considered a waiver of any other term, condition, clause or provision of this Agreement, and if any provision of this Agreement is held to be invalid or unenforceable by a court of competent jurisdiction, all other provisions shall nevertheless continue to be in full force and effect. 16. LAW OF PENNSYLVANIA APPLICABLE_ Both parties covenant and agree that they have had ample and sufficient time to carefully and fully review the terms and provisions of this Agreement and to seek and obtain the advice and counsel of an attorney with respect to the same. Wife has engaged the services of G. Patrick O'Connor, Esquire. Husband has had the opportunity to engage legal counsel of his choice, and each party has carefully reviewed the terms and conditions of this Agreement with his or her respective counsel. Both parties covenant and agree that they fully understand the facts upon which this Agreement is premised and based, that they believe this Agreement to be fair and equitable, that said Agreement is being entered into freely and voluntarily by each of them, and that the execution of this Agreement is not the result of any duress or undue influence and that it is not the result of any collusion or improper or illegal agreement or agreements. 17. INTEGRATION. This Agreement constitutes the entire understanding between the parties and supersedes any and all prior agreements and negotiations between them. Both parties further agree that there are no covenants, conditions, representations or agreements, oral or written, of any nature whatsoever, other than those contained herein. 18. AGREEMENT BINDING UPON HEIRS. This Agreement shall be binding upon the parties hereto and their respective heirs, executors, administrators and assigns. 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 written. WITNESSETH: \ Paul T. Klase (SEAL) COMMONWEALTH OF PENNSYLVANIA ) :SS. COUNTY OF CUMBERLAND ) On this, the ! ? ~4 day of _ ~ , 2001, before me, a Notary Public in and for th~ state and county aforesaid, the undersigned officer, personally appeared PAUL T. KLASE, known to me (or satisfactorily proven) to be the person described in the foregoing instrument, and acknowledged that he executed the same for the purposes therein contained. IN WITNESS WHEREOF, I hereunto set my hand and official seal. COMMONWEALTH OF PENNSYLVANIA ) :SS. COUNTY OF CUMBERLAND ) On this, the 5/~ day of ~ , 2001, before me, a Notary Public in and for the state and county aforesaid, the undersigned officer, personally appeared LINDA K. KLASE, known to me (or satisfactorily proven) to be the person described in the foregoing instrument, and acknowledged that she executed the same for the purposes therein contained. IN WITNESS WHEREOF, I hereunto set my hand and official seal. Notary Public (SEAL) ~LoWwlt NOTARIAL SEAL Lt.A.M L. LGRUBB, Notary Pul)Ilo J.L.C ~r Alien I wp., Cumberland County I M¥ ~,,o, mmis~ion Expires Aug. 13, 2005 iN The cOUrT Of COMMON PLEAS CF CUMBERLAND COUNTY ST~'FE OF ~ PENNA. LINDA K. KLASE Plaintiff VERSUS PAUL T. KLASE Defendant No. 02-832 Civil DeCrEE IN Divorce AND NOW,~ L~NDA K. K~kSE DECREED tHAT ,~~ I$ ORDERED AND __, PLAINTIFF, , DEFENDANT, ARE DIVORCED FROM THE BONDS OF MATRIMONY. THE COURT RETAINS JURISDICTION OF THE FOLLOWING CLAIMS WHICH HAVE BEEN RAISED OF RECORD IN THIS ACTION for WHICH A FINAL ORDER HAS NOT YEt BEEN ENTERED; NONE PROTHONOTARY