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Home My WebLink About02-0910 I] IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA MARLA L. ALBRIGHT, CML ACTION - LAW Plaintiff vs. NO. 0.2...9/0 CIVIL TONY E. ALBRIGHT, Defendant 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 judgement may also be entered against you for any other claim or relief requested in these papers by the Plaintiff. You may lose money or property or other rights important to you, including custody or visitation of your children. When 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 Cumberland County Courthouse, I Courthouse Square, Carlisle, P A 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 HELP. Cumberland County Bar Association 2 Liberty Avenue CarUsle, Pennsylvania 17013 717-249-3166 WEIGLE & ASSOCIATES, P.c. - ATTORNEYS AT LAW - 126 EAST KING STREET - SHIPPENSBURG, PA 17257-1397 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA MARLA L. ALBRIGHT, CIVIL ACTION - LAW Plaintiff VS. NO. 0 ~ - 9Jo CIVIL TONY E. ALBRIGHT, Defendant IN DIVORCE COMPLAINT IN DIVORCE UNDER SECTION 3301(c) OR 3301(d) OF THE DIVORCE CODE AND NOW, comes the above named Plaintiff, Marla L. Albright, by and through her attorneys, Weigle & Associates, P.C., and Richard L. Webber, Jr., Esquire, and seeks to obtain a Decree in Divorce from the above-named Defendant, upon the grounds hereinafter more fully set forth: 1. Plaintiff, Marla L. Albright, is an adult individual presently residing at 390 Kerrsville Road, Carlisle, West Pennsboro Township, Cumberland County, Pennsylvania 17013, since November 1999. 2. Defendant, Tony E. Albright, is an adult individual presently residing at Fort Sam Houston, Texas, with a mailing address at c/o 443 Rd MP Co., 2406 Connell Road, Suite 101 / Box 32, Fort Sam Houston, Texas 78234-5101 since October 3, 2001. 3. The Plaintiff and Defendant are nationals and citizens of the United States of America. 4. Plaintiff has been a bona fide resident of the Commonwealth of Pennsylvania for at least six (6) months immediately previous to the filing of the Complaint in Divorce. 5, The Plaintiff and Defendant were married on July 10, 1993, at Shippensburg, Cumberland County, Pennsylvania. 6. There have been no prior actions of divorce or for annulment between the parties. 7, Plaintiff has been advised that counseling is available and the Plaintiff may have the right to request that the court require the parties to participate in counseling. 8. The marriage is irretrievably broken. WEIGLE & ASSOCIATES, P.c. - ATTORNEYS AT LAW - 126 EAST KING STREET - SHIPPENSBURG. PA 17257~1397 9. The Plaintiff requests the court to enter a decree of divorce. WHEREFORE, the Plaintiff prays your Honorable Court to enter a Decree in Divorce from the bonds of matrimony and for such other and further relief to which Plaintiff shall be entitled. WEIGLE & ASSOCIATES, P.C. By: /L- (..~. Richard L. Webber, Jr., Attorney for Plaintiff Attorney ill #49634 126 East King Street Shippensburg, P A 17257 Telephone 717-532-7388 WEIGLE & ASSOCIATES. P.c. - ATTORNEYS AT LAW - 126 EAST KING STREET - SHIPPENSBURG, PA 17257-1397 VERIFICATION I verify that the statements made in the foregoing Complaint in Divorce 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. , Dated: d - d 1- 0 c WEIGLE & ASSOCIATES. P.c. - ATTORNEVS AT LAW - 126 EAST KING STREET - SHIPPENSBURG. PA 17257~1397 ~~ ...... '/..l \J () "" ..0 0.: '" () ~ ~ 0 CI C i'~;' "'L < -.., -:; i: ~ n'] r~"l -.,.... 1':) ft /~ f'-) (j) I" -<:" r' . :::: - f ~fj .~ \.[) , L~ c, =2 :.:) )-: (.I') ::u -<.. .. '- ~ (r ~ " IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA MARLA L. ALBRIGHT, CIVIL ACTION - LAW Plaintiff NO. 0;;..9/6 CIVIL vs. TONY E. ALBRIGHT, Defendant IN DIVORCE ACCEPTANCE OF SERVICE I, TONY E. ALBRIGHT, do hereby depose and say that on the acn day of Fa. f. U-A12 C/ , 2002, I received and accepted service of a true and attested copy of the Complaint in Divorce in the above-captioned action. I verify that the former statement is 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: ,;lG"F'm,()~ c;;-: ~ TONY E. ALBRIGHT Mailing address: 443 Rd MP Co., 2406 Connell Road, Suite 101/ Box 32 Fort Sam Houston, TX 78234-5101 WEIGLE & ASSOCIATES, P.C. _ ATTORNEYS AT LAW - 126 EAST KING STREET - SHIPPENSBURG, PA 17257-1397 ~ <::> 0 N " So "TJ -0(1.; rrJ ~:Q mm CD Z:1.:1 N ~i~ li5~: 0::> -<~:.. ~c."J :l> ~O - )>0 c:? -.,~m ~;:I ~ &:" ~ -.J -< IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA MARLA L. ALBRIGHT, CIVlL ACTION - LAW Plaintiff VS. NO. 02-910 CIVIL TONY E. ALBRIGHT, Defendant IN mVORCE AFFIDAVIT OF CONSENT 1. A complaint in divorce under ~ 330l(c) of the Divorce Code was filed on February 22, 2002. 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety days have elapsed from the date of filing and service of the Complaint. 3. I consent to the entry of a final decree 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. ~ 4904 relating to unsworn falsification to authorities. Dated: 1/- /1 - 0 L ~~;I. Marla L. Albright, Plaintiff WEIGLE & ASSOCIATES. P.c. - ATTORNEYS AT LAW - 126 EAST KING STREET - SHIPPENSBURG, PA 17257-1397 g 0 (:) N -n ? ;;r: ,.'- "'", -orp 0 '<1 rn{T~ .,.c: . {~::.~ ZX N -n\'1.... m~ -J :3'? ~..<;- _,l..) !2CJ ~ ...' -'r; ~Q ..... f~)i~l ,:;g 'P. 5;-n --~ ~ :J1 )> ~ . IN THE COURT OF COMMON F'LEAS OF CUMBERLAND COUNTY, PENNSYLVANIA MARLA L. ALBRIGHT, CIVIL ACTION - LAW Plaintiff vs. NO. 02-910 CIVIL TONY E. ALBRIGHT, Defendant IN DIVORCE AFFIDAVIT OF CONSENT 1. A complaint in divorce under ~ 3301(c) of the Divorce Code was filed on February 22,2002. 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety days have elapsed from the date of filing and service of the Complaint. 3. I consent to the entry of a final decree 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. ~ 4904 relating to unsworn falsification to authorities. Dated: /O-J?-oJ ~F~ Tony . Albnght, Defendant WEIGLE & ASSOCIATES. P.c. - ATTORNEYS AT LAW - 126 EAST KING STREET - SHIPPENSBURG, PA 17257-1397 (') c;) C. ~<;i, :s:: '.:s -00 mrn ...~.:: Z:rJ r--' "2'.-- ~;p;. -..l /~ , ;::::c .. ~_.- ::P" "':'-', z.O ::3' ~~(~) 0 I.D 5 c;-' j;c:: __I ~ '"," :.fI :i::J ;.::: IN THE COURT OF COMMON F'LEAS OF CUMBERLAND COUNTY, PENNSYL VANIA MARLA L. ALBRIGHT, CIVIL ACTION - LAW Plaintiff VS. NO. 02-910 CIVIL TONY E. ALBRIGHT, Defendant IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REOUEST ENTRY OF A DIVORCE DECREE UNDER & 3301(c) AND & 3301(11I) 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. ~ 4904 relating to unsworn falsification to authorities. Dated: /1-/3 -OL .~{ / a&' <if Marla L. Albright, Plaintiff 7 ' WEIGLE & ASSOCIATES. P.c. - ATTORNEYS AT LAW - 126 EAST KING STREET - SHIPPENSBURG, PA 17257-1397 () 0 f=. C I'V Ti ::';;.,." Z "'01;;:1 c:> "q ~g3 ..- l~"';': N ~,.) '"71 t];C ~.>~:~ ~~ -.l -<~. ~C :2> ., ...-~''l ~O ::.l: '~~(J :>g \.C ("Jrn --I ~ '.71 15 -< IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA MARLA L. ALBRIGHT, CIVIL ACTION - LAW Plaintiff VS. NO. 02-910 CIVIL TONY E. ALBRIGHT, Defendant IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER *\3301(c) AND & 3301(d) 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 d'ecree 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. ~ 4904 relating to unsworn falsification to authorities. Dated: 10 of}. f.. 0;( ~/: 11 Tony €. Alb~ Defendant WEIGLE & ASSOCIATES, Pc. - ATTORNEYS AT LAW - 126 EAST KING STREET - SHIPPENSBURG, PA 17257-1397 0 0 0 c: 1',,) "'"n So :;r.: ..-! -0 (JJ c::> ."1"", rnn" .c: Z::C N ',1L~ zr; -l _~-; I'r] CfJ.#,..:., -]t..>. ~/... ~cj :p. 'oJ r, ::r>C' =:; '1i:'.d. 20 '-P. ;c;I'1'\ 5>c: '::::'~ ~ '-" "}:> ~ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA MARLA L. ALBRIGHT, CIVIL ACTION - LAW Plaintiff vs. NO. 02-910 CIVIL TONY E. ALBRIGHT, Defendant IN nIVORCE 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. Grounds for divorce: irretrievable breakdown under 9 3301(c) of the Divorce Code. 2. Date and manner of service of the complaint: Acceptance of Service dated February 26, 2002. 3. Date of execution of the affidavit of consent required by 9 3301(c) of the Divorce Code: by Plaintiff, November 13,2002; by Defendant, October 29,2002 4. Related claims pending: The attached Marital Agreement between the parties dated October 29, 2002, shall be incorporated but not merged into this Decree is Divorce pursuant to the said Agreement. 5. Date Plaintiffs Waiver in 9 3301(c) Divorce was filed with the prothonotary: November 27, 2002 Date Defendant's Waiver of Notice in 9 3301(c) Divorce was filed with the prothonotary: November 27,2002 WEIGLE & ASSOCIATES, P,C, /l ~ ~/[ ,~/ Richard L. Vv'ebber, Jr., Esqwre Attorney for Plaintiff Attorney ID # 49634 126 East King Street ShippensbW'g, P A 17257 Telephone (717)532-7388 WEIGLE & ASSOCIATES. p,c. - ATTORNEVS AT LAW - 126 EAST KING STREET - SHIPPENSBURG. PA 17257-1397 0 0 CJ C N --'1 S, Cl -0 0' r-t1 rrl r'~ ':J Z::r; ~~J~~ 0"'1 ~;~~, ~ -.tfO' -.... 'P-U 1..0 ;':,,:::.:~ C. :.'.:'":'t 2:' :n -,... =2 .v (/1 =< Page 1 of9 MARITALAGREEMlrNT THIS AGREEMENT, made this d.qt~ day of ~} '~b€r ,2002, by and between TONY E. ALBRIGHT, hereinafter referred to as Husband, and MARLA L. ALBRIGHT, hereinafter referred to as Wife. WITNESSETH: WHEREAS, the parties hereto are Husband and Wife, having been married on July 10, 1993, in Shippensburg, Cumberland County, Pennsylvania, with 2 children having been born of the marriage; and WHEREAS, diverse unhappy differences, disputes and difficulties have arisen between the parties and it is the intention of Wife and Husband to live separate and apart, and the parties hereto are desirous of settling some of their respective financial and propf:rty rights and obligations as between each other including, without limitation by specification: the implementation of custody/visitation arrangements for the minor children of the parties; the equitable: division of marital property; and the settling of all matters between them relating to the past, present and future support, alimony and lor maintenance of Wife by Husband or of Husband by Wife, NOW, THEREFORE, in consideration of the premises and of the mutual promises, covenants and under takings hereinafter set forth which are hereby acknowledged by each of the parties hereto, Wife and Husband, each intending to be legally bound hereby, covenant and agree as follows: AGREEMENT NOT A BAR TO DIVORCE PROCEEDINGS This Agreement shall not be considered to affect or bar the right of Wife or Husband to a limited or absolute divorce on lawful grounds, if such grounds exist or shall hereafter exist or to such defense as may be available to either party. 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 occasioned the disputes or unhappy differences which have occurred prior to or which may occur subsequent to the date hereof. The parties intend to secure a mutual consent, no-fault divorce pursuant to the terms of Section 3301(c) of the Pennsylvania Divorce Code of 1980, as amended. EFFECT OF DIVORCE DECJREE The parties 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. WEIGLE & ASSOCIATES. P.c. - ATTORNEYS AT LAW - 126 EAST KING STREET - SHIPPENSBURG. PA 17257-1397 Page 2 of9 AGREEMENT TO BE INCORPORATED IN DIVORCE DECREE The parties agree that the terms of this Agreement may be incorporated into any divorce decree, which may be entered with respect to them. DATE OF EXECUTION The "date of execution" or "execution date" of the Agreement shall be defined as the date upon which it is executed by the parties if they have each executed the Agreement on the same date. Otherwise, the "date of execution" or "execution date" of this Agreement shall be defined as the date of execution by the party last executing this Agreement. ADVICE OF COUNSEL The provisions of this Agreement and their legal effectb.ave been fully explained to Wife, by Richard L. Webber, Jr., Esquire, who is attorney for Wife and who prepared this marital agreement. Husband acknowledges that he has been advised of his right to seek independent legal counsel and (he/she) has decided not to do so. Both parties acknowledge that they fully understand the facts and have been fully informed as to their legal rights and obligations ~md understand the same. The parties hereto further acknowledge and accept that this Agreement is, in the circumstances, fair and equitable and that it is being entered into freely and voluntarily after having received such advice and with such knowledge, and that execution of this Agreement is not the result of any duress or undue influence and that it is not the result of any collusion or improper or illegal agreement or agreements. PERSONAL RIGHTS Wife and Husband may and shall, at all times hereafter, lilve separate and apart. They shall be free from any control, restraint, interference or authority, direct or indirect, by the other in all respects as fully as if they were unmarried. They may reside at such plac:e as they may select. 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. Wife ~md Husband shall not molest, harass, disturb or malign each other or the respective families of each other nor compel or attempt to compel the other to cohabit or dwell by any means or in any manner whatsoever with him or her. SEPARATION DATE The parties do hereby acknowledge that they separated on October 3, 2001. It is hereby agreed that October 3, 2001, shall be the separation date for purposes of equitable distribution under the Pennsylvania Divorce Code unless altered by subsequent agreement of the parties in writing and signed by each of the parties. No attempt at reconciliation shall be considered to alter the separation date unless evidenced by written agreement. WEIGLE & ASSOCIATES, Poc. - ATTORNEYS AT LAW - 126 EAST KING STREET - SHIPPENSBURG. PA 17257-1397 Page 3 of9 MOTOR VEmCLES A. The parties agree that Wife shall become the sole and exclusive owner of the parties' 1995 Dodge Neon motor vehicle. The parties acknowledge that 1here is no encumbrance. B. The parties agree that Husband shall have the sole and exclusive possession of the parties' Chevrolet Tahoe motor vehicle. Husband shall be solely responsible for all payments of the automobile loan for the Tahoe. Husband shall retain the Dodgf: Ram truck, and shall remove it from the marital premises no later than September 2002. PERSONAL PROPERTX Husband and Wife do hereby acknowledge that they have previously divided their tangible personal property, including but not limited to jewelry, clothes, furniture, furnishings, rugs, carpets, household equipment and appliances, vehicles, pictures, books, works of art and other personal property and hereafter Wife agrees that all of the property in the possession of Husband shall be the ~ sole and separate property of Husband and Husband agrees that all of the property in the possession of Wife shall be the sole and separate property of Wife. The parties do hereby specifically waive, release, renounce and forever abandon whatever claims, if any, he or she may have with respect to the above items, which shall become the sole and separate property of the other. AFTER-ACQUIRED PERSONAL P'ROPERTY Each of the parties shall hereafter own and enjoy, independently of any claim or right of the other, all items of personal 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 not married. REAL ESTATE The parties hereto acknowledge and agree that they have no interest in real estate. To the extent that the parties have an interest in real estate located at 390 Kerrsville Road, Carlisle, Pennsylvania, the marital residence, Husband releases any inten::st therein, as more fully set forth in a property agreement dated February 25, 2002, attached hereto as Exhibit "A" and incorporated by reference herein, WAIVER OF SPECIFIED CLAIMS BY WIFE Wife hereby waives any and all right to claim any intlerest or share in Husband's pension, retirement benefits and any employee benefits. WEIGLE & ASSOCIATES. p.c. - ATTORNEYS AT LAW - 126 EAST KING STREET - SHIPPENSBURG. PA 17257-1397 Page 4 of9 WAIVER OF SPECIFIED CLAIMS BY HUSBAND Husband hereby waives any and all right to claim any interest or share in Wife's pension, retirement benefits and any other employee benefits. FUNDS ON DEPOSIT AT BANKS OR FINANCIAL INSTITUTIONS The parties acknowledge that all of their funds have been split to their satisfaction except for one account that remains in joint names. WARRANTY AS TO EXISTING OBLIGATIONS Each party represents that he or she has 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 and hold the other party harmless from and against any and all such debts, liabilities or obligati.ons of every kind which may have heretofore been incurred by them, including those for necessities, except for the obligations arising out of this Agreement. WARRANTY AS TO FUTURE OBLIGATIONS Wife and Husband each covenant, warrant, represent and agree that each will now and at all times hereafter save harmless and keep the other indemnified from all debts, charges and liabilities incurred by the other after the execution date of this Agreement, except as may be otherwise specifically provided for by the terms of this Agreement and that neither of them shall hereafter incur a liability whatsoever for which the estate of the other may be liable. CUSTODY AND VISITATION OF MINOR CIDLDREN The parties agree that primary residential custody of the children shall be with the Wife, subject to Husband's exercise of rights of partial custody ILLNESS OF CHILD In the event of any serious illness of the children at any time, any party then having custody of the said children shall immediately communicate with the other party by telephone or any other means, informing the other party of the nature of the illness. During such illness, each party shall have the right to visit the child as often as he or she desires, consistent with the proper medical care of the said child. The word "illness" as used herein shall mean any disability, which confines the child to bed under the direction of a licensed physician for a period in excess of forty-eight (48) hours. WEIGLE & ASSOCIATES. P.c. - ATTORNEYS AT LAW - 126 EAST KING STREET - SHIPPENSBURG. PA 17257-1397 Page 5 of9 CONSULTATION PRIVILEGES In addition to any provisions which may be contained hc::rein regarding custody and visitation, Husband and Wife shall have the following rights with respect to the children: reasonable telephone calling privileges; access to report cards and other relevant information concerning the progress of the children in school; approval of extraordinary medical and/or dental treatment except in the case of an emergency and provided that such approval shall not be unreasonably withheld; approval of summer camp and schools provided that such approval shall not be unreasonably withheld. LEGAL FEES Wife shall pay the cost of legal fees incurred in preparation of this marital agreement and all legal fees and court costs in connection with obtaining a 3301(c) No-Fault Divorce. Husband agrees to cooperate by executing the necessary consents and other documents required to effectuate said divorce, as requested by Wife's attorney, INCOME TAX RETURN~ The parties agree to file separate federal and state income tax returns. DEPENDENCY EXEMPTIONS FOR INCOME TAX Fer I'mp03Gb of k.a~J.al aHa i3lA ;J.J.WllJ.\:i la.A.\:i1S, ~'ifu shetH chdm ht:rsdf l1.ud tLG cllilM~ The parties agree to file separate tax returns. MUTUAL RELEASES Husband and Wife each do hereby mutually remise, relc::ase, quitclaim and forever discharge the other and the estate of each other, for all time to come, and for all purposes whatsoever, of and from any and all rights, title and interest, or claims in or against the property (including income and gain from property hereafter accruing) of the other or against the estate of such other, of whatsoever nature and wheresoever situate, which he or she now has or at any time hereafter may have against such other, the estate of such other or any part thereof, whe1her arising out of any former acts, contracts, engagements or liabilities of such other or by way of dower, courtesy, or claims in the nature of dower or courtesy 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 at surviving spouse to participate in a deceased spouse's estate, whether arising under the laws of (a) Pennsylvania, (b) any State, Commonwealth or territory of the United States, or (c) any other country, except, and only except, all rights and agreements and obligations of whatsoever nature arising or which may arise under this Agreement or for the breach of any provision thereof. It is the intention of Husband and Wife to give to each other by the execution of this Agreement a full, complete and general release with respect to any and all property of any kind or nature, real, personal or mixed, which the other now owns or may hereafter acquire, except and only except all rights and agreements and obligations of whatsoever nature arising or which may arise under this Agreement or for the breach of any provision thereof. WEIGLE & ASSOCIATES. P.c. - ATTORNEYS AT LAW - 126 EAST KING STREET - SHIPPENSBURG. PA 17257-1397 Page 6 of9 WAIVER OR MODIFICATION TO BE IN WRITING No modification or waiver of any of the terms hereof 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, DIVORCE The parties hereto agree to enter into a mutual consent divorce under Section 3301(c) of the Pennsylvania Divorce Code of 1980, as amended. Wife agrees to pursue the present divorce action filed to No. 02-910 Civil, in the Court of Common Pleas of Cumberland County, Pennsylvania, and to be the Plaintiff therein. Husband agrees to sign the necessary documents, including the Affidavit of Consent, at such time after the ninety (90) days of filing of the Complaint and further instruments that may be reasonably required to give full force and effect to the provisions of this Agreement. MUTUAL COOPERATION Each party shall, at any time and from time to time hereafter, take any and all steps and execute, acknowledge and deliver to the other party any and all future instruments and/or documents that the other party may reasonably require for the purpose of giving full force and effect to the provisions of this Agreement. LAW OF PENNSYLVANIA APPLICABLE This Agreement shall be construed in accordance with the laws of the Commonwealth of Pennsylvania. AGREEMENT BINDING ON HEIRS This Agreement shall be binding and shall insure to the benefit of the parties hereto and their respective heirs, executors, administrators, successors and assigns. BREACH If either party breaches any provision of this Agreement, the other party shall have the right, at his or her election, to sue for damages for such breach or seek such other remedies or relief as may be available to him or her, and the party breaching this contract shall be responsible for payment of legal fees and costs incurred by the other in enforcing their rights under this Agreement. WEIGLE & ASSOCIATES. P.c. - ATTORNEYS AT LAW - 126 EAST KING STREET - SHIPPENSBURG. PA 17257-1397 Page 7 of9 WAIVER OF ALIMONY AND OTHER RIGHTS The paities hereto have been informed of their rights or have been advised to seek counsel to inform them of their rights under and pursuant to the Divorce Code, Action of April 2, 1980, Number 1980-26, as amended, particularly the provisions for alimony, alimony pendente lite, equitable distribution of marital property, counsel fees or expenses. Both parties agree that this Agreement shall conclusively provide for the distribution of property under thle said law and except as specifically provided for in this agreement, hereby waive, release and relinquish any further rights they may respectively have against the other for alimony, alimony pendente lite, equitable distribution of marital property, counsel fees or expenses. From the date hereof, each party may acquire either personal or real property in their own name. Any property so acquired shall be owned solely by the individual arid shall not be subject to any claim whatsoever by the other party. FINANCIAL DISCLOSURE The parties confirm that they have relied on the substantial accuracy of the financial disclosure of the other as ari inducement to the execution of this Agreement. ENTIRE AGREEMENT: This Agreement constitutes the entire understanding of the parties and supersedes any and all prior agreements and negotiations between them, There are no n~presentations or warranties other than those expressly set forth herein, NO WAIVER OF DEFAULT This Agreement shall remain in full force and effect unless and until terminated under and pursuant to the terms of this Agreement. The failure of either party to insist upon strict performance of any of the provisions of this Agreement shall in no way affec:t the right of such party hereafter to enforce the same, nor shall the waiver of any breach of any provision hereof be construed as a waiver of any subsequent default of the same or similar nature, nor sha.ll it be construed as a waiver of strict performance of any other obligations herein. SEVERABILITY If any term, condition, clause or provision of this Agreement shall be determined or declared to be void or invalid in law or otherwise, then only that term, condition, clause or provisions shall be stricken from this Agreement and in all other respects this Agn~ement shall be valid and continue in full force, effect and operation. Likewise, the failure of any party to meet her or his obligations under anyone or more of the paragraphs herein, with the exception of the satisfaction of the conditions precedent, shall in no way void or alter the remaining obligations of the parties. WEIGLE & ASSOCIATES. P.c. - ATTORNEYS AT LAW - 126 EAST KING STREET - SHIPPENSBURG. PA 17257-1397 Page 8 of9 HEADINGS NOT PART OF AGREEMENT Any headings preceding the text of the several paragraphs and subparagraphs hereof are inserted solely for convenience of reference and shall not constitute a part of this Agreement nor shall they affect its meaning, construction or effect. BANKRUPTCY The respective duties, covenants and obligations of each party under this Agreement shall not be dischargeable by bankruptcy, but if any bankruptcy court should discharge a party of accrued obligations to the other, this Agreement shall continue in full force and effect thereafter as to any duties, covenants and obligations accruing or to be performed thereafter. VOLUNTARY EXECUTION The provisions of this Agreement and their legal effect have been fully explained to the parties by their respective counsel, and each party acknowledges that the Agreement is fair and equitable, that it is being entered into voluntarily, and that it is not the result of any duress or undue influence. IN WITNESS WHEREOF, the parties hereto have set their hands and seals the day and year first above written. WITNESS: " ~- /rupI MARLA L. ALBRIGHT C?- 9i/1 TI5NYE7ALBRIG WEIGLE & ASSOCIATES, P.c. - ATTORNEYS AT LAW - 126 EAST KING STREET - SHIPPENSBURG. PA 17257-1397 Page 9 of9 COMMONWEALTH OF PENNSYL VANIA SS COUNTY OF CUMBERLAND tL ~ " On this, the ~ day of () ~ ~(- ____ , 2002, before me a Notary Public, the undersigned officer, personally appeared Marla L. Albright, known to me to be the person whose name is subscribed to the within Agreement and acknowledged that she executed' the same for the purposes therein contained. IN WITNESS WHEREOF, I have hereunto set my hand and seal. NOTARIAL SEAL RICHARD L. WEBBER JR., NOTARY pUBUC SHIPPENSBURG BORO, CUMBERLAND COUNTY MY COMMISSION EXPIRES JULY 15, 2006 ~/{---4 (SEAL) COMMONWEAf\TH OF PENNSYLVANIA COUNTYOF ~m~(/~ SS On this, th~ day of ()~..fob.aY ,2002, before me a Notary Public, the undersigned officer, personally appeared Tony E. Albright, known to me to be the person whose name is subscribed to the within Agreement and acknowledged that he executed the same for the purposes therein contained. IN WITNESS WHEREOF, I have hereunto set my hand and seal. ,,'J" I Ilr LfrwjJ ~ ~ (SEAL) "\::' / ,-/:~~, . ~. ..' , .,- ..:':: ,Ji-);. 'oJ I NOTARIAL SEAL I DARCIE A. NEIL, Notary PublIc ',... .I- i \jar1f9!e, Cumbellnnd Coun!y I :~y (~~~~~~~_E.~~[~~!Jo~:.M..ZQG5 , . II' .~ ../ . // "/ /'. ' "1 ,." ,'. I - , WEIGLE & ASSOCIATES. P.c. - ATTORNEYS AT LAW - 126 EAST KING STREET - SHIPPENSBURG. PA 17257-1397 () c-, (~) ("- [ .....J -, 1 Z -::? 'J \.-. '. ...,.., r, i l--) " -,.. ~ ~-""""1 ..r, "-':' (/) c" , - .:. ,- !-~ !~~: \.......' ;:.. ' , -;; -1"1 ~..~. ~~ ('~~) ";:< ':" .-' );... 0 '-', (5 ..I ~ --I =< :"1'1 .~) (Ji -< Of. Of. Of. Of. Of. Of. Of. Of.Of. Of. Of. Of. Of. Of. Of. . Of. Of. Of.Of. Of. Of. Of. Of. Of.Of. IN THE COURT OF COMIMON PLEAS OF CUMBERLAND COUNTY STATE OF PENNA. MARLA L. ALBRIGHT, No. 02-910 ;P. ;P. ;P. Of. Plaintiff VERSUS ;P. Of. TONY E. ALBRIGHT, Defendant DECREE IN DIVORCE AND NOW, ~Ir ~ c.--Jt A4~ . 2002 ,IT IS ORDERED AND DECREED THAT MARLA L. ALBRIGHT , PLAINTIFF, AND TONY E. ALBRIGHT , DEFENDANT, ARE DIVORCED FROM THE BONDS OF MATRIMONY. ;P. 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; Of. ;P. ;P. Of. The attached Marital Agreement between the parties dated October 29, 2002, shall be incorporated b~t not merged into this Decree in Divorce pursuant to the said Agreement. PROTHONOTARY ;P. ;P. ;P. ;P. If. ;P. ;P. J, Of. $ ~~~ft, lo'~.el ~ iJ't' 'L-r~ ~ - r:o C'c7 - r;e "1 .. ~. .. ~. \), ~ ':4