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HomeMy WebLinkAbout05-0589 MARIE BOUSUM-FORBES, Plaintiff v. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 05- S":i9 Ci.vJru- ERNEST R. FORBES, Defendant 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 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 the ground for the divorce is indignities or irretrievable breakdown ofthe marriage, you may request counseling. A list of marriage counselors is available in the Office of the Prothonotary at the Cumberland County Court House, 1 Courthouse Square, Carlisle, Pennsylvania 17013. IF YOU DO NOT FILE A CLAIM FOR ALIMONY, MARITAL PROPERTY, COUNSEL FEES OR EXPENSES BEFORE THE FINAL DECREE OF DIVORCE OR ANNULMENT IS ENTERED, 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 Lawyer Referral Service 32 S. Bedford Street Carlisle, P A 17013 (717) 249-3166 MARIE BOUSUM-FORBES, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v. NO. ERNEST R. FORBES, Defendant CNIL ACTION - LAW IN DIVORCE A VISO PARA DEFENDER Y RECLAMAR DERECHOS USTED HA SIDO DEMANDADO EN LA CORTE. Si desea defenderse de las quejas expuestas en las paginas siguientes, debe tomar accion con prontitud. Se Ie avisa que si no se defiende, el caso puede proceder sin usted y decreto de divorcio 0 anulamiento puede ser emitido en su contra por la Corte. Una decision puede tambien ser emitida en su contra por cualquier otra queja 0 compensacion reclamados por el demandante. Usted puede perder dinero, 0 propiedades u otros derechos importantes para usted. Cuando la base para el divorcio es indignidades 0 rompImlento irreparable del matrimonio, usted puede solicitar consejo matrimonial. Una lista de consejeros matrimoniales esta disponible en la oficina del Prothontary, en la Cumberland County Court of Common Pleas, 1 Courthouse Square, Carlisle, Pennsylvania. SI USTED NO RECLAMA PENSION ALIMENTICIA, PROPIEDAD MARITAL, HONORARIOS DE ABOGADO U OTROS GASTOS ANTES DE QUE EL DECRETO FINAL DE DIVORCIO 0 ANULAMIENTO SEA EMITIDO, USTED PUEDE PERDER EL DERECHO A RECLAMAR CUALQUlERA DE ELLOS. USTED DEBE LLEVAR ESTE PAPEL A UN ABOGADO DE INMEDIATO. SI NO TIENE 0 NO PUEDE P AGAR UN ABOGADO, V A Y A 0 LLAME A LA OFICINA INDICADA ABAJO PARA AVERlGUAR DONDE PUEDE OBTENER ASISTENCIA LEGAL. Cumberland County Lawyer Referral Service 32 S. Bedford Street Carlisle, P A 17013 (717) 249-3166 v. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 05- S f'i ~ -r;~ MARIE BOUSUM-FORBES, Plaintiff Defendant CIVIL ACTION - LAW IN DIVORCE ERNEST R. FORBES, COMPLAINT IN DIVORCE 1. The Plaintiff, Marie Bousum-Forbes, is an adult individual residing at 740 Allen Road, Carlisle, Cumberland County, Pennsylvania, 17013. 2. The Defendant, Ernest R. Fobres, is an adult individual currently residing at 207 W. Ridge Street, Cumberland County, Pennsylvania, 17013. 3. Plaintiff and Defendant have been bona fide residents in the Commonwealth for at least six months immediately previous to the filing of this Complaint. 4. Plaintiffs social security number is: 210-40-3998; and Defendant's social security number is 149-30-6517. 5. The Plaintiff and Defendant were married on the 2Znd day of February, 1982, in Cumberland County, Pennsylvania. 6. The Plaintiff and Defendant are not in the military or naval forces of the United States. 7. There have been no prior actions of divorce between the parties in this or any other state. 8. There are no minor children born to Plaintiff and Defendant. COUNT I DIVORCE PURSUANT TO ~3301(c) & (d) OF THE DIVORCE CODE 9. Paragraphs One through Eight are incorporated herein by reference as if set forth in full. 10. Plaintiff avers that the marriage is irretrievably broken. 11. Plaintiff has been advised of the availability ofrnarital counseling and that either party has the right to request that the court require the parties to participate in counseling. 12. The parties have separate and apart since October 29, 2003. WHEREFORE, Plaintiff requests this Honorable Court to enter a decree of divorce. COUNT II EOUlTABLE DISTRIBUTION 13. Paragraphs One through Eleven are incorporated herein by reference as if set forth in full. 14. The parties have acquired real and personal property, including automobiles, bank accounts and other items of miscellaneous property during the course oftheir marriage, some of which is martial property. WHEREFORE, Plaintiff requests the Honorable Court to enter a decree, which effects an equitable distribution of martial property. GODFREY & ASSOCIATES, P.C. . alph Godfrey, Es Attorney J.D. No. 17 West South Street Carlisle, PA 17013 (717) 243-5100 Attorneys for Plaintiff Dated: ) - ~ -6 ~,.... By: VERIFICATION I, Marie Bousum-Forbes, do hereby verify that the facts set forth in the foregoing Complaint in Divorce are true and correct to the best of my personal knowledge or information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. 94904, relating to unsworn falsification to authorities. Date: () 'f .I fJ.. o! &. GO i '--m~~-~ Marie Bousum-Forbes rj; w b. ..---------- -- l;"" <::> t - . C) c- = N ,.., c;:::> c.~:\ CJ~ ""'1 rrl CD I N o ,. .-, ->. fHin in C1 (1:) -j ~:8 C) n'l ~ - Godfrey & Associates, P.c. BY; E. Ralph Godfrey, Esquire Attorney tD. No. 77052 .7 West South Street Carlisle, P A 17013 (717) 243-5100 Attorney for Plaintiff v. IN THE COURT OF COMMON PLEAS, CUMBERLAND COUNTY, PENNSYL VANIA MARIE BOUSUM-FORBES , Plaintiff Defendant NO. 2005-589 CIVIL ACTION -LAW IN DIVORCE ERNEST R. FORBES, PROOF OF SERVICE BY MAIL I, E. Ralph Godfrey, do hereby certify that on February 3,2005. a copy of the Court of Common Pleas Complaint filed in the above referenced matter was served upon the following person by certified as evidenced by the executed green receipt card attached hereto. Ernest R. Forbes 207 W. Ridge Street Carlisle, PA 17013 GODFREY & ASSOCIATES, P.c. / By E. Ralph Godfre , F uire Attorney LD. . 77052 17 West South Street Carlisle, P A 17013 (717) 243-5100 Attorneys for Plaintiff Dated: :;t-y-o( ....-,;"\ , .' -'. , ' r"'.) f --- ~~..l --; 1 ,\", , r<: ~ o MARIE BODSUM-FORBES, Plaintiff v. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 05"- SP'1 CI~~L 't-SLi ERNEST R. FORBES, Defendant CIVIL ACTION - LAW IN DIVORCE AFFIDAVIT OF CONSENT 1. A Complaint in divorce under S3301(c) of the Divorce Code was filed on February 2, 2005, and served on February 3,2005. 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety (90) days have elapsed from the date of filing the Complaint 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 ofthe 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. S 4904 relating to unsworn falsification to authorities. Date: ~/ fl1.:;!Y'1C:;- I 'm~~'~ITn .~J~ Marie Bousom-Forbes o ~- ';:c:~ r-' g "" <-- c ~ N - q, :1..... p1r::: ..,."fl'\ -09 :;~~() ~::3J '20 <:::ff\ S 65 .-<:; s; q? c..n ct> o Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 05'- SP, C;(./~L't-'UL~ CIVIL ACTION - LAW IN DIVORCE MARIE BOUSUM-FORBES, Plaintiff v. ERNEST R. FORBES, WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF DIVORCE DECREE UNDER !l3301(C) AND & 3301(D) OF THE DIVORCE CODE I. 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! 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. 94904 relating to unsworn falsification to authorities. Date: ,,/a~O(l5" '1n<tJo:. -,iWIUom _~,l"" ./ Marie Bousom-Forbes (") "" 0 = <;; = -n c..n <..-- ~-n c: rt1F -.,p>' ~- -nrn \'.) ~no "=.1b :s: ~,~ ;~~ -.;'" ~- 1"-1 -:>--,.. c. q: ;-.::) , ~ ::::1 0'1 .~ -< c:P o MARIE BOUSUM-FORBES, Plaintiff v. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. O!; -!;"Pf C~c..J~L y~ ERNEST R. FORBES, Defendant CIVIL ACTION - LAW IN DIVORCE AFFIDAVIT OF CONSENT 1. A Complaint in divorce under g3301(c) of the Divorce Code was filed on February 2, 2005, and served on February 3, 2005. 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety (90) days have elapsed from the date of filing the Complaint 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 rnade subject to the penalties of 18 Pa. C.S. g 4904 relating to unsworn falsification to authorities. Date: June 8, 2005 ~orrP'aA; ...., = ~~ "-" L ~ ", ~ :r n1:D -oF;; -,-.,~ --~ ,'" ~j~2 . " ~;1 ~~ C5rn -~ ::P- :J.J .-< ~:'" -, 9? ~_.t"'l c:> o MARIE BOUSUM-FORBES, Plaintiff v. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. OS'-.s;PJ Ciu~L~0L~ ERNEST R. FORBES, Defendant CIVIL ACTION - LAW IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF DIVORCE DECREE UNDER &3301(C) AND & 3301(0) 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! 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 ofthe 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. S 4904 relating to unsworn falsification to authorities. D&e: June 8, 2005 ~d f?d~ Ernest R. Forbes (") ....., f = 0 = "" "Tl '-- ---l c::: ::r:..." z m- , r- N --om ::uo 01. ""~l(J :t:::-'" I=ii ::J~; ('~~- c: :.;,~o z. <;? Om --, U1 ~ --< ClJ -.J .< os - 5P'j <---.. Cl u; L 1 ~ ""'L } MARITAL SETI'LEMENT AGREEMENT THIS AGREEMENT, made this 8th day of June 2005 between ERNEST R. FORBES, of 207 W. Ridge Street, Carlisle, PA 17013 hereinafter referred to as "Husband"', and MARIE BOUSUM-FORBES, hereinafter referred to as "Wife" of 740 Allen Road, Carlisle, PA 17013. WHEREAS, Husband and Wife were lawfully married on February 22, 1982 in Cumberland County, Pennsylvania; and WHEREAS, certain differences arose between the parties as a result of which they now desire to live separate and apart and by this Agreement are desirous of settling fully and finally their respective financial and property rights and obligations as between each other, including, without limitation by specification: the settling of all matters between them Telating to the past, present and future support and/or maintenance of Wife by Husband or of Husband by Wife; and in general the settling of any and all claims and possible claims by one against the other or against their respective estates for equitable distribution of all marital property; and a resolution of all mutual responsibilities and rights growing out of the marriage relationship any provisions of prior agreement between them to the contrary notwithstanding; and WHEREAS, Husband and Wife declare that each has had a full and fair opportunity to obtain independent legal advice of counsel of their selection, and that before signing this Agreement, each has either been fully advised by counsel of their rights and obligations under the law and this Agreement, or else have waived their rights to legal advice. Each party hereby confirms that he or she has Tead carefully and fully understands the terms, conditions and provisions of this Agreement and believes same to be fair, just, adequate and reasonable under the existing facts and circumstances. The parties further declare that each is executing the Agreement freely and voluntarily, and not as a result of any fraud, coercion, duress, undue influence or collusion; and WHEREAS, Husband and Wife respectively acknowledge that before signing this Agreement they have been fully advised by their respective counsel of their rights and obligations or have had fair opportunity to obtain independent legal advice and have read carefully and understand the terms of this Agreement, and have freely consented to this Agreement, believing it to be fair, just and equitable; and WHEREAS, Husband and Wife are satisfied that they understand the value and extent of all property which would be considered "martial property" under the Pennsylvania Divorce Reform Act, whether titled or owned separately or jointly as well as the value and extent of nonmarital property held or expected to be held by each other. NOW THEREFORE, in consideration of the above recitals and the following covenants and promises mutually made and mutually to be kept, the parties heretofore, intending to be legally bound and to legally bind their heirs, successors and assigns thereby, covenant, promise and agree as follows: . 1, SEPARATION: It shall be lawful for each party at all times hereafter to live separate and apart from the other at such place or places as he or she may from time to time choose or deem fit. Each party shall be free from interference, authority and contact by the other, as fully as if he or she were single and unmarried, except as may be necessary to carry out the provisions of this Agreement. Neither party shall harass the other nor endeavor to molest the other, nor compel the other to cohabit with the other nor in any way malign the other, nor in any way interfere with the peaceful existence, separate and apart from the other in all respects as if he or she were single and unmarried. 2. DEBTS: Both paTties agree that, in the future, neither shall cause or permit to be charged, to or against the other which either of them may hereafter make and shall not hereafter create any engagements, debts or obligations in the name of or against each other. Except as specifically provided herein, each agrees to hold the other free and harmless from any and all debts and other obligations which he or she may have incurred since the date of the separation and agrees to indemnify and defend the other party from any claim regarding same. 3. RELEASE: Except as provided in this Agreement, each party waives his or her right to alimony and any further distribution of property because both agree that this AgTeement provides for an equitable distribution of their marital property in accordance with the Divorce Code of 1980. Subject to the provisions of this agreement, each party has released and discharged, and by this Agreement does for himself or herself, and his or her heiTs, legal representatives, executors, administrators and assigns, release and discharge the other of and from all causes of action, claims, rights or demands whatsoever in law or equity, which either of the parties ever had or now has against the other, except any 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 heT right to request marital counseling pursuant to 23 Pa.C.S.A. Section 3302. 4. EQUITABLE DISTRIBUTION: A. Contents of Wife's Residence: As ofthe date of the execution of this Agreement, the parties have equitably divided their personal property. Husband relinquishes his right, title, claim and interest in and to the furniture, fixtures, goods, appliances, equipment and personal items in the possession of Wife. 2 B. Contents of Husbands Residence: Wife relinquishes her right, title, claim and interest in and to the furniture, fixtures, goods, appliances, equipment and personal items in the possession of Husband. C. Motor Vehicles: Wife shall retain her vehicle. Husband shall retain his vehicle. Each party shall enjoy exclusive possession of the vehicles as assigned. Each party shall be solely responsible for any debts pertaining to his or her vehicle and shall indemnify, defend and hold the other harmless from any claim with respect thereto. All automobile titles and insurance policies will be corrected to reflect the ownership of each vehicle. D. Individual Retirement Accounts, Pensions and Employment Benefits Each party shall retain sole ownership and control of their IRA's, Pensions and Employment benefits. E. Joint Bank and Charge Accounts: All joint bank and charge accounts, credit card accounts and any other joint accounts shall be terminated and each party shall take those steps necessary to have the other removed as a responsible party from any such account. Wife shall retain all of the current balances in her current savings and checking accounts. Husband shall retain all of the current balances in his current savings and checking accounts. F. Property to Wife: The parties agree that Wife shall own, possess, and enjoy free from any claims of Husband, the property awarded to her by the terms of this Agreement. Husband hereby quitclaims, assigns and conveys to Wife all such property together with any insurance policies covering that property, and any escrow accounts relating to that property. This Agreement shall constitute a sufficient bill of sale to evidence the transfer of any and all rights in such property from Husband to Wife. G. Property to Husband: The parties agree that Husband shall own, possess, and enjoy free from any claims of Wife, the property awarded to him by the terms of this Agreement. Wife hereby quitclaims, 'assigns and conveys to Husband all such property together with any insurance policies covering that property, and any escrow accounts relating to that property. This agreement shall constitute a sufficient bill of sale to evidence the transfer of any and all rights in such property from Wife to Husband. 3 , H. Miscellaneous Property: All property not specifically addressed herein shall hereafter be owned by the party to whom the pToperty is titled, and if untitled, the party in possession. This Agreement shall constitute a sufficient bill of sale to evidence the transfer of any and all rights in such property from each to the other. 1. Tax Liability: The parties believe and agree that the division of propeTty heretofore made by this Agreement is a non-taxable division of property between co. owners rather than a taxable sale or exchange of such property. Each party promises not to take any position with respect to the adjusted basis of the property assigned to him OT her with respect to any other issue which is inconsistent with the position set forth in the preceding sentence on his or her Federal or State income tax returns. 5. AFTER ACQUIRED PROPERTY: Each of the parties shall hereafter own and enjoy, independently of any claim and right of the other, all items of property, be they real, personal or mixed, tangible or intangible, which is or has been acquired by him or her after the date of separation, with full power in him or her to dispose ofthe same as fully and effectively, in all respects and for all purposes, as though he or she weTe unmarried. 6. LIFE INSURANCE: Each party shall continue to own any life insurance policies currently in effect, without restriction as to the designation of beneficiaries. 7. ALIMONY: Alimony is waived by both Husband and Wife. 8. HEALTH INSURANCE: Both Husband and Wife have obtained individual health insurance as of the date of this agreement. 9. ALIMONY PENDENTE LITE, COUNSEL FEES AN EXPENSES: Husband and Wife acknowledge and agree that the provisions of this Agreement providing for the equitable distribution of marital property of the parties are fair, adequate and satisfactory to them. Both parties agree to accept the provisions set forth in this Agreement in lieu of and in full and final settlement and satisfaction of all claims and demands that either may now or hereafter have against the other for alimony pendente lite, counsel fees OT expenses or any other provision for their support and maintenance before during and after the commencement of the proceedings for divoTce or annulment between the parties. 4 - 10, INCOME TAX RETURNS: The parties have heretofore fUed joint federal and state tax returns. Both parties agree that in the event any deficiency in federal, state or local income tax is proposed, or any assessment of any such tax is made against either of them, each will indemnify and hold harmless the other from and against any loss or liability for any such tax deficiency or assessment and any loss or liability for any such tax deficiency or assessment and any interest, penalty and expense incurred in connection therewith. Such tax, interest, penalty or expense shall be paid solely and entirely by the individual who is finally determined to be responsible for the actions, misrepresentations or failures to disclose separate income resulting in tax liability. The parties shall fUl} separately for 2005 and thereafter. 11. WAIVERS OF CLAIMS AGAINST ESTATES: Except as herein otherwise provided each paTty may dispose of his or her property in any way, and each party hereby waives and relinquishes any and all rights he or she may now have or hereafter acquire, under the present or future laws of any jurisdiction, to share in the property or the estate of the other as a result of the marital relationship, including without limitation, dower, curtsey, statutory allowance, widow's allowance, right to take intestacy, right to take against the will Of the other, and right to act as administrator or executor of the other's estate. Each will, at the request ofthe other, execute, acknowledge and deliver any and all instruments which may be necessary or advisable to carry into effect this mutual waiver and relinquishment of all such inteTests, rights and claims and both parties will revoke prior wills or testamentary documents. 12. AGREEMENT NOT PREDICATED ON DIVORCE: It is specifically understood and agreed by and between the parties hereto and each of the said parties does hereby warrant and represent to the other, that the execution and delivery of this Agreement is not predicated upon nor made subject to any agreement fOT institution, prosecution, defense, or for the non-prosecution or non-defense of any action for divorce; provided, however; that nothing contained in this Agreement shall prevent or preclude either of the parties hereto from commencing, instituting or prosecuting an action or actions for divorce, either absolute or otherwise, upon just, legal and proper grounds; nOT to prevent either party from defending any such action which has been" mayor shall be instituted by the other party, or from making any just or proper defense thereto. If is warranted, covenanted and represented by Husband and Wife, each to the other, that this Agreement is lawful and enforceable and this warranty, covenant and representation is made for the specific purpose ofinducing Husband and Wife to execute this Agreement. Husband and Wife each knowingly and understandingly hereby waives any and all possible claims that this agreement is, for any reason illegal or for any reason whatsoever, unenforceable in whole or in part. Husband and Wife each do hereby warrant, covenant and agree that, in any possible event, he and she are and shall forever be estopped from asserting any illegality or unenforceability as to all or any part of this Agreement. 13. SUBSEQUENT DIVORCE: Both parties agree to pursue a no-fault divorce under Section 3301 (c) and/or (d) of the Pennsylvania Divorce Code. Simultaneously with the execution of this Agreement or as 5 .' soon hereafter as permitted by applicable law, both parties will execute Affidavits of Consents and WaiveTs of Notice to enable counsel to proceed with a no-fault divorce as soon as possible. The parties further agree that each of them shall be responsible for their own attorney's fees. The parties shall be bound by the terms of this agreement, which shall be incorporated by reference into the Divorce Decree, shall not be merged in such Decree, but shall in all respects survive the same and'be further binding as an enforceable contract, conclusive upon the parties. 14, BREACH AND ENFORCEMENT: 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 responsible for payment of legal fees and costs incurred by the other in enforcing his or her rights under this Agreement. Reasonable interest shall be assessed from the date of breach. A. This Agreement may be specifically enforced by either Husband or Wife in Equity including specific performance, and the parties hereto agree that if an action to enforce this Agreement is brought in Equity by either party, the other party will make 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 do not intend or purport hereby to improperly confer jurisdiction on a Court in Equity by this Agreement, but they agree as provided herein for the forum of equity in mutual recognition of the present state of the law, and in recognition of the general jurisdiction of Courts in Equity over agreement such as this one. B. Notwithstanding anything to the contrary herein, 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 such event it is specifically understood and agreed that for and in specific consideration of the other pTovisions and covenants of this Agreement, each shall waive any right to a jury trial SO as to expedite the hearing and disposition of such case and so as to avoid undue delay. C. Each party further hereby agrees to pay and to save and hold harmless the other party from any and all attorney's fees and costs of litigation that either may sustain, or incur or become liable for, in any way whatsoever, or shall pay upon, OT in terms or provisions of this Agreement by reason of any of the terms or provisions ofthis Agreement by reason of which either party shall be obliged to retain or engage counsel to initiate or maintain or defend proceedings against the other at law or equity or both in any way whatsoever, provided that the party who seeks to recover such attorney's fees, and costs of litigation must first be successful in whole or in part, before there would be any liability for attorney's fees and costs of litigation. It is the specific agTeement and intent of the parties that a breaching or wrongdoing party shall bear the burden and obligation of any and all costs and expenses and counsel fees incurred by himself or herself as well as the other party in endeavoring to protect and enforce his OT heT rights under this Agreement. 6 15. MISCELLANOUS: A. Each of the parties shall from time to time, at the request of the other, execute, acknowledge and deliver to the other party any and all further instruments that may be reasonably required to give full force and effect to the provisions of this Agreement. B. This Agreement contains the entire understanding of the parties and there are no representations, warranties, covenants or undertakings other than those expressly set forth herein. Husband and Wife acknowledge and agree that the provisions ofthis-Agreement with respect to the distribution and divisions of marital and separate property are faiT, equitable and satisfactory to them based on the length of their marriage and other relevant factors which have been taken into consideration by the parties. Both parties hereby accept the provisions of this Agreement with respect to the division of property in lieu of and in full and final settlement and satisfaction of all claims and demands that they may now have or hereafter have against the other for equitable distribution of their property by any court of competent jurisdiction pursuant to 23 Pa.C.S.A. Section 3501 et.al or any other laws. Husband and Wife each voluntarily and intelligently waive and relinquish any right to seek a COUTt oTdered determination and distribution of marital property, but nothing herein contained shall constitute a waiver by either party of any rights to seek the relief of any court for the purpose of enforcing the provisions of this Agreement. C. A modification or waiver of any of the provisions of this Agreement shall be effective only if made in writing and executed with the same formality as this Agreement. The failure of either party to insist upon strict performance on any of the provisions of this Agreement shall not be construed as a waiver of any subsequent default ofthe same or similar nature. D. For purposes of contract interpretation and for the purpose ofresolving any ambiguity herein, Husband and wife agree that they prepared this Agreement jointly. E. This Agreement may not be assigned by either party without the prior written consent of the other party. F. This Agreement may be executed in multiple counterparts, each of which shall be deemed to be an original for all purposes, and all of which together shall constitute one and the same instrument. G. It is understood and agreed that any and all property settlement agreements which mayor have been executed prior to the date and time of this Agreement are null and void and have no effect. H. The descriptive headings used herein are for convenience only. They have no effect whatsoever in determining the rights or obligations of the parties. 7 .' I. It is specifically understood and agreed by and between the parties hereto that each paragraph hereof shall be deemed to be a separate and independent covenant and agreement. J. This Agreement shall be construed under the laws of the Commonwealth of Pennsylvania. K. If any term, condition, clause or provision of this Agreement shall be determined or declared to be void OT invalid in law or otherwise then only that term, condition, clause or provision shall be stricken from this Agreement and in all other respects this Agreement shall be valid and continue in full force, effect and operation. L. This Agreement shall be binding and shall inure to the benefit ofthe parties hereto and their respective heirs, executors, administrators, successors, and assigns. IN WITNESS WHEREOF, the parties hereto have set their Hands and Seals the day and year first above written. WITNESS: fir//( ~'.. ~~ ..440 >If.f):.~ ~ Marie Bousum-Forbes j rl-. ~ 7-wz ~ I?dI~ Ernest R. Forbes 8 , COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND ss BEFORE MEitwJ.W,deR,S!gned authority, on this 8th day of June ,2005, personally appeared Forbes , known to me to be the person who executed the foregoing instrument, and who acknowledged to me that he executed same for the purposes and considerations therein expressed. GIVEN UNDER MY HAND AND SEAL OF OFFICE THIS 8th day of June. 2005. COMMONWEALTH OF PENNSYLVANIA NOTARIAL SEAL CONNIE J. TRITT, Notary Public Carlisle Boro.. Cumberland County My Commission Expires October 5, 2008 ~~~ Not y Public in and for the Commonwealth of Pennsylvania COMMONWEALTH OF PENNSYLVANIA COUNTY OF 0--'.. \ok .1. ss ~ BEFORE ME,,~ufdersigned authority, on this .. Q day of T........ , 2005, personally appeared R_"__M<,"", known to me to be the person who executed the foregoing instrument, and who acknowledged to me that he executed same for the purposes and considerations therein expressed. GIVEN UNDER MY HAND AND SEAL OF OFFICE THIS '1~. 2005. .... 2.c day of NOTARIAL SEAL DONNA l GODFR CITY . fY, NOTAIlY PUBLIC !lY c~~~:SRS~~~EE' .c"U, MaERLANQ COUNTY .. , or RES DEC. 02, 200. ~ ~{~J-a 9 (J ,.., Q, <"" C'::. :<.~ -:>>'" '"" ~. .... ~- ::I:;..,., c:: ::e f1'F- N -=,\8 - \'J,l:~ ( :::;:-".. ~,~~~~,~ ""i" ..,."> (~:; C!? ,")0'1 ':::-\ :1. :~ ,-" :~ -' - Godfrey & Associates, P.C. BY: E. Ralph Gmifrey, Esquire Attorney I.D. No. 77052 17 West South Street Carlisle, PA 17013 (717) 243-5100 Attorne}' for Plaintiff MARIE BOUSUM-FORBES , Plaintiff v, IN THE COURT OF COMMON PLEAS, CUMBERLAND COUNTY, PENNSYLVANIA Defendant NO. 2005-589 CIVIL ACTION -LAW IN DIVORCE ERNEST R. FORBES, PROOF OF SERVICE BY MAIL I, E. Ralph Godfrey, do hereby certify that on February 3,,2005, a copy of the Court of Common Pleas Complaint filed in the above referenced matter was served upon the following person by certified as evidenced by the executed green receipt card attached hereto. Ernest R. Forbes 207 W. Ridge Street Carlisle, PA 17013 GODFREY & ASSOCIATES, P.C. By Dated: :;2- L{-o( (.~ -,;..... 'C'\ ,,-,'.' \ .~~.. (> ~n ~~ -"' ...."',.. ^~ .' (? r'" ( -J .~ -"~ ....",..-, -. ~. c: t~-.) o MARIE BOUSUM-FORBES, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 05-0589 Defendant CIVIL ACTION - LAW IN DIVORCE ERNEST R. FORBES, PRAECIPE TO TRANSMIT RECORD TO THE PROTHONOTARY: Kindly transmit the record, together with the following information, to the Court for entry of a Divorce Decree: 1. Ground for divorce: Irretrievable breakdown under g3301(c) ofthe Divorce Code. 2. Date and manner of service of Complaint: Served upon Defendant: via certified mail, on February 3, 2005. Affidavit of Service filed on February 4,2005. 3. Complete either paragraph (a) or (b): (a) Date of execution of Plaintiffs and Defendant's Affidavits of Consent required by Section 3301(c) of the Divorce;: Code and Waiver of Notice of Intention to Request Entry of a Divorce Decree under Section 3301(c) of the Divorce Code, pursuant to Pa.R.C.P. 1 920.42( e)(l): Plaintiff - 6/20/2005 Defendant - 6/8/2005 (b )(1) Date of execution of Plaintiffs affidavit requir,~d by Section 3301 (d) of the Divorce Code: ; (2) Date of filing and service of Plaintiffs affidavit upon the respondent: 4. Related claims pending: None. 5. Complete either (a) or (b). (a) Date and manner of service of the notice of intention to file praecipe a copy of which is attached: (b) Date Plaintiffs Waiver of Notice was filed w;ith the Prothonotary 6/21/2005. (c) Date Defendant's Waiver of Notice was filed with the Prothonotary: 6121/2005. SALZMANN HUGHES, P.C. r- (.1-2.0'> Date E. Ralph Godfrey, Es J.D. No. 77052 95 Alexander Sp Suite 3 Carlisle, PA 17013 (717) 249-6333 Attorneys for Plaintiff CERTIFICATE OF SERVICE AND NOW, this 22nd day of June, 2004 I, E. Ralph Godfrey, Esquire, of Salzmann Hughes, P.c. attorneys for Plaintiff, hereby certify that I served a copy of the Praecipe to Transmit Record this day by depositing the same in the United States mail, postage prepaid, at Harrisburg, Pennsylvania, addressed to: Wayne F. Shade, Esquire 53 West Pomfret Street Carlisle, P A 17013 SALZMANN HUGHES, P.c. BY:~ E. Ralph Godfrey C) c-: .--> ~ c;:? 'on L_ -r:=-;, ."'.. ~ ~-n i'"llS ~9,C:7 -~,b ~= :l;1\ ~"} (~') <~cn ~~ 5} ~ ....., --J -" ....,. C? ,." ,. ,. ,. . ,. . . . . ,. ,. ,. ,. . ,. ,. ,. ,. ,. ,. . . . . ,. ,. ,. ,. . . . . . ,. ,. ,. ,. ,. . ,. . . . . . . . . . . . . . . . . . . . ,. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. :l;,+; ;+ :f.,+dfi;f.;fi :t; :t'ff . . ,*,Cf:"";foi:f. :+if. ... ;f.;t;:t:if.;f.;f. "',.. .. ,. '+i:+; Of> :+::+:+ , IN THE COURT OF COMMON' PLEAS OFCUMBERLANDCOUNTY STATE OF PENNA. Marie Bousum-Forbes Plaintiff No. 5S9 n~ VERSUS Pm~lO:t R PC\rhf";~ npfpnc-i~nt DECREE IN DIVORCE AND NOW, r)~ .- df ):3.3/./11, Ja:l\ , IT IS ORDERED AND DECREED THAT Marie Bousum-Forbes , PLAINTIFF, AND Ernest R. Forbes , 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; r0~ ~ : i . , ~ , , , ,. ". , , . ,. ,. +:t::+. 'to 't By J. " . <' ~ ...' .~.", .. ...-,., ./.~ ......-<; :'\. "',/, '. '.~ oj".. -.. PROTHONOTARY Of. +. '+ :+: "f':+;:f "';\' ;!' Of. 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