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HomeMy WebLinkAbout05-0633 IN THE OOUltT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACfION - lAW LORETIA ECKER, plaintiff : No. oS' - t;; 13 v. . . : IN DIVORCE/CUSTODY MARK ECKER, Defendant . . NOTICE TO DEFEND AND CLAIM RlGIITS 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 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, Cumberland County Courthouse, One Courthouse Square, Carlisle, Pennsylvania. IF YOU 00 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 RIGHI TO CLAIM ANY OFmEM. YOU SHOULD TAKE mls PAPER TO YOUR lAWYER AT ONCE. IF YOU 00 NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORm BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 (717) 249-3166 1-800-990-9108 AVISO PARA DEFENDER Y RECLAMAR DERECHOS USTED HA SIDO DEMANDAD<> 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 tambiim 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 rompimiento irreparable del matrimonio, usted puede solicitar consejo matrimonial. Una lista de consejeros matrlmoniales esta disponible en la oficina del Prothonotary, en la Cumberland County Court of Common Pleas, One Courthouse Square, Carlisle, Pennsylvania. SI USTED NO RECLAMA PENSION ALIMENTICIA, PROPIEDAD MARITAL, HONORARIOS DE ABOGAOO U OTROS GASTOS ANTES DE QUE EL DECRETO FINAL DE DIVORCIO 0 ANULAMIENTE SEA EMITIDO, USTED PUEDE PERDER EL DERECHO A RECLAMAR CUALQUIERA DE ELLOS. USTED DEBE LLEVAR ESTE PAPEL A UN ABOGAD<> DE INMEDIATO. SI NO TIENE 0 NO PUEDE PAGAR UN ABOGAD<>, VAYA 0 ILAME A LA OFICINA INDICADA ABAJO PARA AVERIGUAR DONDE PUEDE OBTENERASISTENCIA LEGAL. Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 (717) 249-3166 1-800-990-9108 AMERICANS WITH DISABIUTIES ACf OF lCJCJO The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilities Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the Court, please contact our office. All arrangements must be made at least 72 hours prior to any hearing or business before the Court. You must attend the scheduled Conference or Hearing. Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 (717) 249-3166 1-800-990-9108 Maryann Murphy, Esquire PMB 246 4902 Carlisle Pike Mechanicsburg, PA 17050 (717) 730-0422 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVILACflON - LAW WRETfA ECKER, Plaintiff . . . . 05'--- ~3J : No. v. . . : IN DIVORCE/CUSTODY MARK ECKER, : Defendant COUNT I COMPLAINT UNDER SECI'ION ::t::todc) and ::t::todd) OF mE DIVORCE CODE AND NOW comes WRETfA ECKER, by and through her attorney, Maryann Murphy, Esquire, who respectfully avers as follows: 1. Plaintiff /Wife is WRETfA ECKER who resides at 367 North 24th Street, Camp Hill, Cumberland County, Pennsylvania 17011. 2. Defendant/Husband is MARK ECKER whose residence is 367 North 24th Street, Camp Hill, Cumberland County, Pennsylvania 17011. 3. Husband and Wife have been bona fide residents in the Commonwealth for at least six months immediately previous to the filing of this Complaint. 4. Husband and Wife were married on July 23, 1988 in Cumberland County, Pennsylvania. 5. There have been no prior actions for divorce or for annulment between Husband and Wife. 6. Husband is not a member of the Armed Forces of the United States of America or any of its Allies. 7. The marriage is irretrievably broken. 8. Wife has been advised of the availability of marriage counseling and that she may have the right to request the Court to require the parties to participate in such counseling. Being so advised, Wife does not request that the Court require the parties to participate in counseling prior to a Divorce Decree being handed down by the Court. 9. Wife requests this Court to enter a Decree in Divorce from the bonds of matrimony. COUNT II CUsroDY 10. Wife hereby incorporates by reference all of the averments contained in Count I of this Complaint. 11. Husband and Wife are the biological parents of Cameron Maxwell Ecker, born June 6, 1995. 12. Cameron was born in wedlock, and currently resides with Husband and Wife on a shared parenting schedule. 13. Cameron has resided with both parents since his birth. Since the time of the parties' separation, on November 7, 2004, the parents have shared parenting of their son. 14. Wife has not participated as a party or witness, or in any other capacity, in other litigation concerning the custody of Cameron in this or any other Court, except as set forth above. 15. Wife has no information of a custody proceeding concerning Cameron pending in a Court of this Commonwealth or any other Court. 16. Wife does not know of a person not a party to the proceedings who has physical custody of Cameron, or claims to have custody or visitation rights with respect to Cameron. 17. Each parents whose parental rights to Cameron have not been terminated, and the persons who have physical custody of Cameron have been named as parties to this action. There are no other persons known to have or claim a right to custody or visitation of Cameron and therefore, no further notice of the pendency of this action and the right to intervene shall be given, other than to the parties names herein. 18. The best interest and permanent welfare of Cameron will be served by granting shared legal custody and shared physical custody to the parents. WHEREFORE, Plaintiff/Wife requests this Honorable Court to enter a Decree dissolving the marriage between the Plaintiff/Wife and the Defendant/Husband, and granting shared legal and physical custody of Cameron to his parents. Respectfully submitted, J Maryann PMB 246 4902 Carlisle Pike Mechanicsburg, PA 17050 (717) 730-0422 J.D. # 61900 Attorney for PlaintiffjWife i urphy, Esquire ~. AFFIDAVIT I, LORETfA ECKER, 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. Section 4904, relating to unsworn falsification to authorities. $?jos- Date aU I'C/te- L" ITA ECKER ~('\ ~ ~ .-' ~,:~,j:; Cjl ...,.., r~ C) \ W o 'i1 ~1.." fl1~; 7?lCJ ,) 1., \:iJ,(:\~. >:~~:~~ ~: ~ J:~ -':J ~:: f- 0) ~.q ,"- ~ - ~ - -- " ~ Ir' V 0 \ - '"' ~ ..j - \\ - -- IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - lAW LORETTA ECKER, Plaintiff : No. 05-633 v. : IN DIVORCE/CUSTODY MARK ECKER, . . Defendant . . AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under Section 3301( c) of the Divorce Code was filed 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 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. ~5/~Y/()) t I Date e&~ fti> TTA ECKER ------_..,~- ~~) C .,."/.... =2 --._-".-_._...._.~- r--.) = <=> CJ1 <- c: ~;:: o -n ~_. m...!...l -oFM :::;-;0 OL ~~~ om ---l y"" ~ w -u -,..... -::h w o ~"1 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVILACfION - LAW LORETTA ECKER, Plaintiff . . . . : No. 05-633 v. : : IN DIVORCE/CUSTODY MARK ECKER, . . Defendant . . WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER SECfION ::l::lOl(C) OF THE DIVORCE CODE 1. I consent to the entry of a final decree of divorce without notice. 2. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if I do not claim them before a divorce is granted. 3. I understand that I will not be divorced until a divorce decree is entered by the Court and that a copy of the decree will be sent to me immediately after it is filed with the Prothonotary. I verify that the statements made in this Affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904 relating to unsworn falsification to authorities. ~JcXY/o S- , , Date / ~ ZCrtv~ troL.A ECKER .".---- o c; ....; ~ c.-:::> cJ' <.- s~ p.~- - v) -0 >- ~ :(,:!j i't1r-: -Cld ~..g 1- :;:19. ;;:~'rj L'jft1 ~-=;:~ "'0 ',-<: o o ul ,-------------- --- ~ ----- -- IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION -lAW LORE'ITA ECKER, Plaintiff . . . . : No. 05-633 v. . . : IN DIVORCE/CUSTODY MARK ECKER, Defendant AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under Section 3301(C) ofthe Divorce Code was filed 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 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. ~/~(J5 ate ~A MARK ECKER o C ? ...., =' = ,;;..;'; o -n --1 ~ -"',l:D t-",- ::RP'~', (~') .:1 -~! ~,~:; ~ G:) (.,) C> "" m IN THE COUllTOF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACI10N - LAW WRElTA ECKER. Plaintiff . . . . : No. 05-633 v. . . : IN DIVORCE/CUSTODY MARK ECKER. . . Defendant . . WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UJ"DER SECI10N :.-t.<JOl(C) OF THE DIVORCE CODE 1. I consent to the entry of a final decree of divorce without notice. 2. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if I do not claim them before a divorce is granted. 3. I understand that I will not be divorced until a divorce decree is entered by the Court and that a copy of the decree will be sent to me immediately after it is filed with the Prothonotazy. 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. Cb-/:f-05 ~/~~ Date MARK ECKER o c .....' c::',~ r.:::;::.) cJ' V \~ ct) (.." Cl "';".- Q, '.?~- f~~S;) ,', \ i~j:~ " .::.t~.~ ~:;.,:~,(\-\ "1,~' ~Q. - tv ct:> . MARITAL SETTLEMENT AGREEMENT J'ty, tJ s: {. J.3 {l;AJ "/L<- THIS AGREEMENT, made this c9G>.1t-.day of ,>\\.l{).,u" ,-, 2005 by r and between LORETTA ECKER of Cumberland County, Pennsylvania (hereinafter referred to as LORETTA), and ~ ECXER of Cumberland County, Pennsylvania (hereinafter referred to as MARK), HHEREAS, LORETTA and MARK were lawfully married on July 23, 1988 in Cumberland County, Pennsylvania; HHEREAS, one (1) child was born of this marriage, namely: CAMERON ~ ECKER, born June 6, 1995; and HHEREAS, diverse, unhappy differences, disputes and difficulties have arisen between the parties and it is the intention of LORETTA and MARK to live separate and apart for the rest of their natural lives, and the parties hereto 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 relating to the ownership and equitable distribution of real and personal property; the settling of all matters between them relating to past, present and future support and alimony; the settling of all matters between them relating to the parties' minor child including parenting and maintenance; and in general, the settling of any and all claims by one against the other or against their respective estates. 1 ff <?~ HHEREAS, LORETTA and MARK and their respective counsel entered into a Collaborative Law Participation Agreement dated November 29, 2004, and have used the Collaborative Law Process in negotiating this Agreement. NOW, THEREFORE, in consideration of the premises and of the mutual promises, covenants and undertakings hereinafter set forth and for other good and valuable consideration, receipt of which is hereby acknowledged by each of the parties hereto, LORETTA and MARK, each intending to be legally bound, hereby covenant 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 party at such place as he or she may from time to time choose or deem fit. The foregoing provision shall not be taken as an admission on the part of either party of the lawfulness or unlawfulness of the causes leading to their living apart. 2. Interference: 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 molest the other or attempt to endeavor to molest the other, nor compel the other to cohabit with the other, or in any way harass or malign the other, nor in any way interfere with the peaceful existence of the other, while living separate and apart. 2 ~t ~~ 3. Subsequent Divorce: The parties acknowledge that LORETTA will file a Complaint in Divorce in Cumberland County, Pennsylvania, claiming that the marriage is irretrievably broken under the no-fault mutual consent provision of Section 330l(c) of the Pennsyl vania Divorce Code. MARK agrees to consent to the divorce and to execute an Affidavit of Consent and a Waiver of Notice so that a Decree in Divorce can be entered by the Court. The parties hereby waive all rights to request Court-ordered counseling under the Divorce Code. It is specifically understood and agreed by the parties that the provisions of this Agreement as to equitable distribution of property of the parties are accepted by each party as a final settlement for all purposes whatsoever, as contemplated by the Pennsylvania Divorce Code. Should a decree, judgment or order of separation or divorce be obtained by either of the parties in this or any other state, country or jurisdiction, each of the parties hereby consents and agrees that this Agreement and all of its covenants shall not be affected in any way by any such separation or divorce; and that nothing in any such decree, judgment, order or further modification or revision thereof shall alter, amend or vary any term of this Agreement. It is specifically agreed that a copy of this Agreement, or the substance of the provisions thereof, may be incorporated by reference, but not merged, into any divorce, judgment or decree. It is the specific intent of the parties to 3 ~~ permit this Agreement to survive any judgment and to be forever binding and conclusive upon the parties. 4. Date or Execution: The "date of execution" or "execution date" of this Agreement shall be defined as the day 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. The transfer of property, funds 5. Distribution Date: and/or documents provided for herein, shall only take place on the "distribution date" which shall be defined as specified herein. LORETTA and MARK each do hereby 6. Mutual. ReI_se: mutually remise, release, quitclaim and forever discharge the other and the estate of such other, for all time to come, and for all purposes whatsoever, of and from any and all rights, title and interests, 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 whatever nature and wheresoever situate, which he or she now has or at any time hereafter may have against the other, the estate of such other or any part thereof, whether arising out of any former acts, contracts, engagements or liabilities of such other or by way of dower or curtesy, or claims in the nature of dower or curtesy or widow's or widower's rights, 4 4~ /E. family exemption or similar allowance, or under the intestate laws, or the right to take against the spouse's will; or the right to treat a lifetime conveyance by the other as testamentary, or all other rights of a surviving spouse to participate in a deceased spouse's estate, whether arising under the laws of (a) Pennsylvania, (b) any State, Commonwealth or territory of the United States, or (c) any country, or any rights which either party may have or at any time hereafter shall have for past, present or future support or maintenance, alimony, alimony pendente lite, counsel fees, property division, costs or expenses, whether arising as a result of the marital relations or otherwise, except, all rights and obligation of whatsoever nature arising or which may arise under this Agreement or for the breach of any provisions thereof. It is the intention of LORETTA and MARK 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 right 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 further agreed that this Agreement shall be and constitute a full and final resolution of any and all claims which each of the parties may have against the other for equitable 5 "1t ~ division of property, alimony, counsel fees and expenses, alimony pendente lite or any other claims pursuant to the Pennsylvania Divorce Code or the divorce laws of any other jurisdiction. 7. Advice of Counsel: The provisions of this Agreement and their legal effect have been fully explained to LORETTA by her attorney, MARYANN MURPHY, ESQUIRE, and to MARK by his attorney, JOANNE H. CLOUGH, ESQUIRE. LORETTA and MARK acknowledge and accept that this Agreement is, in the circumstances, fair and equitable and that it is being entered into freely and voluntarily 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. The parties further acknowledge that, pursuant to their Collaborative Law Participation Agreement, they have each made to the other a full an complete disclosure of their respective assets, estate, liabilities, and sources of income and that they waive any specific enumeration thereof for the purposes of this Agreement 8. 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 for and against any 6 f. ~/~~ and all such debts, liabilities or obligations of every kind which may have heretofore been incurred by them, including those for necessities, except for the obligation arising out of this Agreement. 9. EXISTING DEBTS: LORETTA and MARK acknowledge that the following is a complete list of their marital debts: (a) The joint mortgage on the marital residence located at 367 North 24th Street, Camp Hill, Cumberland County, Pennsylvania, with National City Mortgage Company in the approximate amount of $247,030.00: (b) The joint mortgage on the Condominium located at 2979 Highway AlA U.222, Melbourne Beach, Florida, with Chase Manhattan Mortgage Corporation in the approximate amount of $267,069.57: (c) The repairs, including the deductibles, carpeting and painting to the jointly owned Condominium in Florida that was damaged by hurricanes and the assessments on this property (hereinafter collectively referred to as "Condo costs"). The parties acknowledge that they have received a $10,000.00 check from the insurance company towards these costs of which $3,000.00 has already been spent: (d) The joint home equity loan on the real property located at 17 Drexel Place, New Cumberland, Cumberland County, Pennsylvania with M&T Bank in the approximate amount of $50,588.45 7 f~ ~ -<::- on 11/15/2004; (e) The joint loan on the boat, the 2005 Regal 2400, with U.S. Bank in the approximate amount of $38,348.85 on 11/10/2004; (f) Mark's individual loan on the 2004 Nissan Frontier XE Crew Cab Long Bed with Nissan Motor Acceptance Corporation in the approximate amount of $21,630.72 on 11/19/2004; (g) Credit cards. MARK agrees to be solely and exclusively responsible for payment of the balance of the mortgage on the real property located at 367 North 24th Street, Camp Hill, Cumberland County, Pennsylvania. MARK further agrees to indemnify LORETTA and hold her harmless from any and all liability for same. LORETTA agrees to be solely and exclusively responsible for payment of the balance of the mortgage on the Condominium located at 2979 Highway AlA U.222, Melbourne Beach, Florida. LORETTA further agrees to indemnify MARK and hold him harmless from any and all liability for same. LORETTA and MARK agree that the proceeds from the sale of their jointly owned townhouses located at 17 Drexel Place and 18 Drexel Place, both in New Cumberland, Cumberland County, Pennsylvania shall be distributed at settlement, anticipated to be on February 18, 2005, as follows: 8 t ~~ (a) The balance of the home equity loan on the real property located at 17 Drexel Place, New Cumberland, Cumberland County, Pennsylvania shall be paid in full; (b) The balance of the joint boat loan shall be paid in full; (c) MARK shall receive an amount equal to the balance owed on February 18, 2005 for his truck loan. MARK will decide whether to pay it in full or continue making monthly payments. MARK agrees to be solely and exclusively responsible for the balance of his truck loan and he shall indemnify LORETTA and hold her harmless from any and all liability for same; (d) LORETTA shall receive $10,000.00 towards the Condo costs. Any additional costs shall be LORETTA's sole responsibility; (e) LORETTA and MARK shall equally pay the capital gains on the sale of the two townhouses; (f) MARK and LORETTA shall equally divide the remaining proceeds. In the event only one of the townhouses settles on February 18, 2005, LORETTA and MARK agree to first pay the home equity loan and the boat loan to enable LORETTA to qualify for her new mortgage. At settlement on the second townhouse, the parties agree to use those proceeds to satisfy items (c) through (f) 9 .f ~~ immediately above. The parties agree to immediately separate their credit cards, if they have not already been separated, so that neither party is responsible for the other's credit card charges. All credit card balances for joint expenses through January 21, 2005 shall be paid equally by the parties. Charges incurred after January 21, 2005 shall be the sole and exclusive responsibility of the party incurring them. MARK agrees to be solely and exclusively responsible for all credit cards in his individual name except for joint expenses charged through January 21, 2005 which will be paid equally by the parties. MARK further agrees to indemnify LORETTA and hold her harmless from any and all liability for same. LORETTA agrees to be solely and exclusively responsible for all credit cards in her individual name except for joint expenses charged through January 21, 2005 which will be paid equally by the parties. LORETTA further agrees to indemnify MARK and hold him harmless from any and all liability for same. The parties agree that there are no other marital debts. 10. Warranty as to Future Ob~igatioJ2S: LORETTA and MARK each covenant, warrant, represent and agree that, with the exception of obligations set forth in this Agreement, neither of 10 ~~ f{ them shall hereafter incur any liability whatsoever for which the estate of the other may be liable. Each party shall indemnify and hold harmless the other party for and against any and 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. 11. Marital. Residence and Other Real. Property: The parties own, as tenants by the entireties, the following real property: (a) The marital residence located at 367 North 24th street, Camp Hill, Cumberland County, Pennsylvania; (b) The Condominium located at 2979 Highway AlA U.222, Melbourne Beach, Florida; (c) The townhouse located at 17 Drexel Place, New Cumberland, Cumberland County, Pennsylvania; and (d) The townhouse located at 18 Drexel Place, New Cumberland, Cumberland County, Pennsylvania. The parties agree that the above real property shall be divided as follows: (a) LORETTA and MARK agree that MARK shall become the sole and exclusive owner of the marital residence located at 367 North 24th Street, Camp Hill, Cumberland County, Pennsylvania, including any and all rental income from same. LORETTA and MARK 11 p~ ~ -2" -d" acknowledge that the marital residence was appraised at $310,000.00 on April 2, 2004. The parties agree to accept this appraisal as the approximate value of the marital residence. The parties acknowledge that MARK renovated the outside of the garage, and used joint funds for these renovations by agreement of the parties. MARK and LORETTA agree that the current $5,200.00 estimate from John Wilson shall be paid equally by the parties. LORETTA and MARK agree that any additional renovations shall be MARK's sole financial responsibility. MARK agrees to be solely and exclusively responsible for the balance of the mortgage, the taxes, insurance, and all other expenses associated with the marital residence. MARK agrees to indemnify LORETTA and hold her harmless from any and all liability for same. The parties agree that the mortgage will remain in joint names, unless MARK is eligible to refinance in his individual name with an interest rate equal to, or less than, the current rate of five (5%) percent with no points. MARK agrees that he shall make all mortgage payments in a timely manner. In the event MARK fails to make a mortgage payment within forty-five (45) days of the due date, MARK agrees to immediately place the marital residence on the market for sale at a reasonable price with a mutually acceptable Realtor. If LORETTA makes any mortgage payments on the marital residence due to MARK's 12 pt ?~ failure to do so, the parties agree that LORETTA shall be reimbursed for all such payments from the proceeds of the marital residence at the time of settlement. This Agreement shall be binding on and shall inure to the benefit of the parties hereto and their respective heirs, executors, administrators, successors and assigns. LORETTA agrees to execute a Deed transferring the marital residence to MARK within ten (10) days of presentation of the Deed. MARK agrees to have a Deed prepared at his expense, and he further agrees to reference in the Deed that the transfer is subject to this paragraph of the Marital Settlement Agreement dated January 26, 2005. (b) LORETTA and MARK agree that LORETTA shall become the sole and exclusive owner of the Condominium located at 2979 Highway AlA U.222, Melbourne Beach, Florida, including any and all rental income from same. LORETTA and MARK acknowledge that the Condominium was appraised at $335,000.00 on March 23, 2004. The parties agree to accept this appraisal as the approximate value of the Condominium. The parties acknowledge that the Condominium suffered damage in 2004 from two hurricanes, and the insurance company paid $10,000.00 towards these repairs, $3,000.00 of which has already been spent. The parties further acknowledge that there is an approximate $5,000.00 assessment due on the Condominium, and 13 ~-Z- ( painting and carpeting are needed to restore the Condominium to pre-hurricane conditions. LORETTA and MARK agree that LORETTA shall receive $10,000.00 from the proceeds of the sale of the two townhouses as per (c) and (d) below for the Condominium. In the event the cost exceeds this $10,000.00 payment, LORETTA agrees to be solely and exclusively responsible for any additional costs. If the company insuring the Condominium pays for lost rental income, the parties agree that LORETTA shall first recoup any money she has paid which exceeded the $10,000.00 payment she is to receive at settlement on the townhouses. Any additional insurance proceeds shall be equally divided between the parties. LORETTA and MARK agree that if the money for the Condo costs is needed prior to settlement on the two townhouses, LORETTA shall pay one-half (1/2) of the money owed from her separate funds and MARK shall pay LORETTA one-half (1/2) of the money owed from his separate funds, and the total amount of money paid by the parties will be deducted from the $10,000.00 LORETTA is to receive at settlement on the townhouses. If either party uses funds from an account that will incur tax consequences, that party shall be solely responsible for payment of those taxes. LORETTA agrees to be solely and exclusively responsible for the balance of the mortgage, the taxes, insurance, and all other expenses associated with the Condominium. LORETTA agrees to indemnify MARK and hold him harmless from any and all liability 14 q -<.-, f for same. The parties agree that the mortgage will remain in joint names, unless LORETTA is eligible to refinance in her individual name with an interest rate equal to, or less than, the current rate of five and one-quarter ( 5 1/4% ) percent with no points. LORETTA agrees that she shall make all mortgage payments in a timely manner. In the event LORETTA fails to make a mortgage payment wi thin forty-five (45) days of the due date, LORETTA agrees to immediately place the Condominium on the market for sale at a reasonable price with a mutually acceptable Realtor. If MARK makes any mortgage payments on the Condominium due to LORETTA's failure to do so, the parties agree that MARK shall be reimbursed for all such payments from the proceeds of the Condominium at the time of settlement. This Agreement shall be binding on and shall inure to the benefit of the parties hereto and their respective heirs, executors, administrators, successors and assigns. MARK agrees to execute a Deed transferring the Condominium to LORETTA within ten (10) days of presentation of the Deed. LORETTA agrees to have a Deed prepared at her expense, and she further agrees to reference in the Deed that the transfer is subject to this paragraph of the Marital Settlement Agreement dated January 26, 2005. MARK further agrees to execute a Spousal Waiver waiving any 15 vi ....-:?1 ~ and all rights and interest he may have in the new home LORETTA plans to purchase. (c) and (d) LORETTA and MARK agree that they shall sell the townhouses at 17 Drexel Place (with a 2004 assessment value of $82,380.00) and 18 Drexel Place (with a 2004 assessment value of $78,490.00), both located in New Cumberland, Cumberland County, Pennsylvania. The parties acknowledge that the current tenants of 17 Drexel Place and 18 Drexel Place have stated that they wish to purchase the respective townhouses. Settlement is anticipated to be on or about February 18, 2005. In the event either or both tenants are unable to purchase the respective townhouses, the parties agree to immediately place the townhouse(s) on the market for sale at a reasonable price with a mutually acceptable Realtor. LORETTA and MARK agree to use the proceeds from the sale of the townhouses to pay the balance of the home equity loan of approximately $50,588.45 on 17 Drexel Place, New Cumberland, Cumberland County, Pennsylvania; the balance of the boat loan on the 2005 Regal 2400 of approximately $38,348.85; and the capital gains tax on the sale of the townhouses. The parties further agree that LORETTA shall receive $10,000.00 towards the Condo costs (or the balance owed to her if the parties have already equally made payments prior to settlement); and MARK shall receive an amount equal to the balance owed on February 18, 2004 for his truck loan 16 ~~ on the 2004 Nissan Frontier XE. The parties agree that they shall equally divide any additional proceeds. In the event only one of the townhouses settles on February 18, 2005, LORETTA and MARK agree to first pay the home equity loan and the boat loan to enable LORETTA to qualify for her new mortgage. At settlement on the second townhouse, the parties agree to use those proceeds to satisfy items (c) through (f) immediately above. 12. Personal. Property: LORETTA and MARK acknowledge that they have agreed upon a mutually satisfactory division of their personal property currently in the marital residence, and both waive their rights to list these items. The parties acknowledge that LORETTA plans to purchase a home in Camp Hill, Cumberland County, Pennsylvania, with settlement anticipated to be on or about February 25, 2005. The parties agree that the physical division of their personal property shall take place as soon as possible after LORETTA takes possession of her home. LORETTA and MARK agree that MARK shall become the sole and exclusive owner of the trailer, valued on 11/29/04 at $16,500.00; and of the boat trailer, which has not been valued. The parties agree that the above division of property is mutually acceptable to them, and neither wants to have this property appraised. Neither party shall make any claim to any such 17 ~4- f. item of marital property, or of the separate personal property of either party, except as provided for in this Agreement. Should it become necessary, the parties each agree to sign, upon request, any titles or documents necessary to give effect to this paragraph. 13. Bank Accounts: The parties acknowledge that they have accounts at the following banks: (a) Members 1st Savings Account Suffix 00 names, balance on 10/31/2004 of $101.00; (b) Members 1st Savings Account Suffix 05 names, balance on 10/31/2004 of $23,000.00; (c) Members 1 st Checking Account Suffix 11 names, balance on 10/31/2004 of $12,741.00; joint joint joint (d) New Cumberland Federal Credit Union - LORETTA's name, balance on 9/30/2004 of $126.31; (e) New Cumberland Federal Credit Union - MARK's name, balance on 9/30/2004 of $6,704.47. The parties agree to equally divide the above bank accounts between themselves within one (1) week of the execution of this Agreement if they have not already been divided. Although the joint accounts shall be divided, LORETTA and MARK agree that they will equally share the mortgage payments on the marital residence and the Condominium, and all regular 18 L ~ ..c:.-- household expenses until February 25, 2005, when LORETTA plans to move into her new home. If MARK has not already moved back into the marital home before February 25, 2005, the parties also agree to share the expense of his separate residence. 14. stock: The parties acknowledge that the following is a list of their stock: (a) American Express High Yield Tax Exempt Fund joint names, balance on 9/30/2004 of $6,354.54; (b) American Express Global Technology Fund - joint names, balance on 9/30/2004 of $6,873.98; (c) American Express Diversified Equity Income Fund - joint names, balance on 9/30/2004 of $27,383.96; (d) American Express Money Market Mutual Funds - joint names, balance on 9/30/2004 of $64,578.96; (e) Roadway - MARK's name, balance on 11/26/2003 of $1,050.49; (f) American Funds - MARK's name, balance on 9/30/2004 of $1,992.42; (g) Tomorrow's Scholar MARK's name, balance on 9/30/2004 of $2,889.99. LORETTA and MARK agree that each separate account above shall be divided equally between them so that each party has an equal 19 ['r ~,~~ number of shares of each stock that they currently own. This division shall occur within one (1) week of the date of execution of this Agreement if they have not already been divided. 15. Cash Distribution: The parties agree that LORETTA shall receive from MARK the sum of $23,112.79 on or before February 18, 2005 in order to effectuate an equitable distribution of the marital property in addition to the other property transferred as set forth in this Agreement. 16. Pension/Retirement Benefits: The parties acknowledge that both have retirement benefits as follows: (a) American Express Mutual Funds IRA - MARK's name, balance on 9/30/2004 of $9,632.61; (b) American Express Equity Income Fund IRA - MARK's name, balance on 9/30/2004 of $12,284.74; (c) GA & FC Wagman - MARK'S name, balance on 9/30/2004 of $34,210.89; (d) Teamsters pension - MARK's name, unknown value (e) IUOE Local 825 Annuity Plan - MARK's name, balance on 3/31/04 of $10,477.83; (f) American Express Growth Fund IRA - LORETTA's name, balance on 9/30/2004 of $2,049.13; (g) American Funds IRA - LORETTA's name, balance on 9/39/2004 of $36,005.02; (h) American Funds LORETTA's name, balance on 20 a~ l- 9/30/2004 of $11,176.63. The parties agree that the marital portions of both of their retirement benefits will be equally divided as of the date of distribution, less any individual contributions by either party from November 7, 2004, the date of separation. LORETTA and MARK will cooperate in dividing these retirement benefits after a Decree in Divorce has been entered by the Court. MARK and LORETTA understand that this distribution cannot occur until the divorce is final. The parties agree to provide their financial planner with any documents necessary to have these retirement benefits transferred without incurring penalties. LORETTA and MARK agree that they will both execute a Qualified Domestic Relations Order (QDRO) to equally divide the marital portion of MARK's Teamsters' pension, with MARK electing the survivor death benefit option naming LORETTA as beneficiary until Cameron is twenty-two (22) years of age. The parties further agree to execute a Qualified Domestic Relations Order for any other retirement benefits that require a QDRO before distribution can take place. The parties agree to equally share the cost of having the QDRO(s) prepared and qualified. 17. Motor Vehicles: The parties agree that MARK shall become the sole and exclusive owner of his 2004 Nissan Frontier XE 21 ~~ i- - Crew Cab Long Bed truck, currently titled in his individual name. The parties acknowledge that the trade-in Blue Book value of the truck as of 12/6/2004 is $15,350.00. The loan on the truck as of 11/19/2004 is $21,630.72. The parties agree that MARK shall receive an amount equal to the balance owed on February 18, 2005 for the loan from the proceeds of the sale of the two townhouses at 17 Drexel Place, New Cumberland, Cumberland County, Pennsylvania and 18 Drexel Place, New Cumberland, Cumberland County, Pennsylvania as per paragraphs number 9 and number 11 above. MARK agrees to be solely and exclusively responsible for paying the balance of the truck loan. MARK further agrees to indemnify LORETTA and hold her harmless from any and all liability for same. The parties agree that LORETTA shall become the sole and exclusive owner of her 2000 Volvo S80 2.9 Sedan 4D currently titled in her individual name. The parties acknowledge that the trade-in Blue Book value of the car as of 12/6/2004 is $10,665.00. There is no loan on this vehicle. The parties agree that MARK shall become the sole and exclusive owner of the 2005 Regal 2400 boat currently titled in joint names. The parties agree to use $34,000.00 as the value of this boat. The loan on this boat as of 11/10/2004 is $38,348.85. The parties agree that the balance of the boat will be paid in full from the proceeds of the sale of the two townhouses at 17 22 7' --::r -c- Drexel Place, New Cumberland, Cumberland County, Pennsylvania and 18 Drexel Place, New Cumberland, Cumberland County, Pennsylvania as per paragraphs number 9 and number 11 above. MARK agrees to be solely responsible for the balance of the loan on the boat. MARK further agrees to indemnify LORETTA and hold her harmless from any and all liability for same. MARK and LORETTA agree to cooperate in transferring the title of the boat to MARK's individual name after the loan has been paid in full. 18. After Acquired Persona~ Property: Each of the parties shall hereafter own and enj oy, independently of any claims 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 unmarried. 19. App~icabi~ity of Tax Law to Property Transfers: The parties hereby agree and express their intent that any transfers of property pursuant to this Agreement shall be within the scope and applicability of the Deficit Reduction Act of 1984 (herein the "Act"), specifically, the provisions of said Act pertaining to transfers of property between spouses or former spouses. The parties agree to sign and cause to be filed any elections or other documents required by the Internal Revenue Service to render the Act applicable to the transfers set forth in this Agreement, 23 r?f ~, .1- without recognition of gain on such transfer and subject to the carry-over basis provisions of said Act. 20. Waiver of Spousa~ Support, Alimony Pen"'..nte Lite and Legal Fees: LORETTA and MARK waive any rights they may have to spousal support, maintenance and alimony pendente lite except as set forth in paragraphs 20 and 21 of this Agreement. The parties agree to equally share in paying their attorney's fees and the filing fee for the Complaint in Divorce. Only in the event that LORETTA obtains a Child Support Order through the Domestic Relations Office for Cameron, LORETTA agrees to pay MARK the sum of one hundred fifty one ($151.00) dollars per month for a maximum of twenty-four (24) months for spousal support, maintenance, alimony pendente lite or alimony in consideration for MARK's agreement to waive any other spousal support, maintenance, alimony pendente lite and alimony, and MARK's agreement to consent to the divorce and to execute an Affidavit of Consent and Waiver. This amount shall be nonmodifiable as to amount and duration; shall be deductible to LORETTA and includible as income to MARK on their income tax returns; and shall terminate at the expiration of twenty-four (24) months, or until LORETTA no longer receives child support through the Domestic Relations Office, or upon the death of either party, whichever shall first occur. 24 -?; ~ 21. Waiver of Alimony: LORETTA and MARK acknowledge that by this Agreement they have respectively secured and maintained an adequate fund with which to provide for themselves sufficient financial resources to provide for their comfort, maintenance and support. MARK and LORETTA hereby waive, release and give up any rights they may respectively have against the other for spousal support, maintenance, alimony pendente lite and alimony except as set forth in paragraphs 20 and 21 of this Agreement. It shall be, from the execution of this Agreement, the sole responsibility of each of the respective parties to sustain themselves without seeking any support from the other party. Only in the event that LORETTA obtains a Child Support Order through the Domestic Relations Office for Cameron, LORETTA agrees to pay MARK the sum of one hundred fifty one ($151.00) dollars per month for a maximum of twenty-four (24) months for spousal support, maintenance, alimony pendente lite or alimony in consideration for MARK's agreement to waive any other spousal support, maintenance, alimony pendente lite and alimony, and MARK's agreement to consent to the divorce and to execute an Affidavit of Consent and Waiver. This amount shall be norunodifiable as to amount and duration; shall be deductible to LORETTA and includible as income to MARK on their income tax returns; and shall terminate at the expiration of twenty-four (24) 25 ~(~' months, or until LORETTA no longer receives child support through the Domestic Relations Office, or upon the death of either party, whichever shall first occur. 22. Capit:U Gains - Income Tax Returzur: LORETTA and MARK agree to file joint Federal and state tax returns for 2004. The parties anticipate that they will receive a refund. In the past, this refund has been approximately $5,000.00. LORETTA and MARK agree to equally divide the entire refund from the 2004 tax returns. The parties expect to pay capital gains tax of approximately $20,000.00 on the sale of their two townhouses, at 17 Drexel Place, New Cumberland, Cumberland County, Pennsylvania and 18 Drexel Place, New Cumberland, Cumberland County, Pennsylvania. LORETTA and MARK agree to equally pay the capital gains tax at the time of settlement on the two townhouses. MARK and LORETTA shall direct the title company to send them each a separate 1099 for one-half (1/2) of the total sales proceeds, and each shall claim one-half (1/2) of the capital gains on their tax returns. MARK and LORETTA agree to speak with their tax preparer to determine the best way for both of them to minimize their capital gains tax consequences, and will cooperate with each other in doing so. LORETTA and MARK each represent and 23 . Ful.~ Discl.osure: 26 Qt~ warrant to the other that he or she has made a full and complete disclosure to the other of all assets of any nature whatsoever and of every type whatsoever in which such party has an interest, and of all other facts relating to the subject matter of this Agreement. 24. Hatters Re~ating to Cameron: (a) Parenting Issues LORETTA and MARK agree that they will share in parenting their son, Cameron. All major decisions regarding Cameron shall be made by the parents jointly, after discussion and consultation with each other. LORETTA and MARK shall notify each other of any activity or event concerning Cameron that could reasonably be expected to be of concern to the other. LORETTA and MARK shall each be entitled to complete and full information regarding Cameron from any doctor, dentist, teacher, professional, etc., and to receive copies of any reports or information given to either of them as a parent. LORETTA and MARK shall alternate weekends with Cameron from after school on Friday until Sunday evening. MARK shall also have Cameron two (2) days per week for approximately four (4) hours each day. The specific days and times may vary depending upon MARK's work schedule. MARK shall give LORETTA reasonable notice of his time with Cameron. Holidays shall be shared or alternated 27 .1 ' 0r e. between the parents. Both parents shall have reasonable vacation time with their son during the summer months. LORETTA and MARK agree that Cameron will sleep at LORETTA's house on weekdays during the school year so that his schedule is consistent. LORETTA and MARK agree that the weekday summer schedule can be more flexible. MARK and LORETTA understand that they can alter the parenting schedule by their mutual agreement. In the event one or the other parent wishes to modify this schedule, and the parents are unable to reach agreement, LORETTA and MARK agree to return to the Collaborative Law Process prior to initiating litigation. It is the intention of LORETTA and MARK that Cameron continues to have a close and loving relationship with both of his parents. They agree to work together to ensure that their son enjoys the security of knowing that both of his parents love him and are concerned about his well-being. MARK and LORETTA agree that they shall abide by the above parenting schedule as though it were an Order of Court. If either parent wishes to have the parenting schedule issued by the Court, both parents agree to sign a Stipulation based upon this parenting schedule to be submitted to the Court of Common Pleas of Cumberland County, Pennsylvania requesting that such an Order be entered. 28 ,z/ .--zr ~ (b) Maintenance LORETTA and MARK agree that neither shall seek support from the other for Cameron. Instead, the parents agree to share expenses related to their son, depending upon his needs. In the event either parent is dissatisfied with this sharing of expenses, MARK and LORETTA agree to return to the Collaborative Law Process to re-address this issue prior to initiating litigation. Only in the event that LORETTA obtains a Child Support Order through the Domestic Relations Office for Cameron, LORETTA agrees to pay MARK the sum of one hundred fifty one ($151.00) dollars per month for a maximum of twenty-four (24) months for spousal support, maintenance, alimony pendente lite, or alimony in consideration for MARK's agreement to waive any other spousal support, maintenance, alimony pendente lite and alimony, and MARK's agreement to consent to the divorce and to execute an Affidavit of Consent and Waiver. This amount shall be nonmodifiable as to amount and duration; shall be deductible to LORETTA and includible as income to MARK on their income tax returns; and shall terminate at the expiration of twenty-four (24) months, or until LORETTA no longer receives child support through the Domestic Relations Office, or upon the death of either party, whichever shall first occur. 29 i.. ~(~ (c) Health Insurance Currently, MARK and LORETTA both provide health insurance coverage for Cameron. The parents agree to continue this joint coverage for so long as it is available to them at a reasonable cost. 25. Disc~osure and Waiver or Procedural. Rights: Each party understands that he or she has the right to obtain from the other party a complete inventory or list of all of the property that either or both parties own at this time or owned as of the date of separation, and that each party has the right to have all such property valued by means of appraisals or otherwise. Both parties understand that they have the right to have the Court hold hearings and make decisions on the matters covered by this Agreement. Both parties understand that a Court decision concerning the parties' respective rights and obligations might be different from the provisions of this Agreement. Both parties waive the following procedural rights: a. The right to obtain an Inventory and Appraisement of all marital and separate property as defined by the Pennsylvania Divorce Code; b. The the right to other party obtain an Income and Expense Statement of as provided by the Pennsylvania Divorce Code; 30 1- ~/ .e=-. c. The right to have the Court determine which property is marital and which is non-marital and equitably distribute between the parties that property which the Court determines to be marital; d. The right to have the Court decide any other rights, remedies, privileges, or obligations covered by this Agreement, including but not limited to, possible claims for divorce, spousal support, alimony, alimony pendente lite, counsel fees, costs and expenses. 26. Waiver of 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. 27. Mutua~ 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 further 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. 28 . App~icab~e Law: This Agreement shall be construed in accordance with the laws of the Commonwealth of Pennsylvania which are in effect as of the date of execution of this Agreement. 29. Agreement Binning on Heirs: 31 This Agreement shall be <C[- 4/ ;;e:- binding and shall inure to the benefits of the parties hereto and their respective heirs, executors, administrators, successors and assigns. 30. Integration: This Agreement constitutes the entire understanding of the parties and supersedes any and all prior agreements and negotiations between them. There are no representations or warranties other than those expressly set forth herein. 31. Other Documentation: MARK and LORETTA covenant and agree that they will forthwith execute any and all written instruments, assignments, releases, satisfactions, deeds, notes or such other writings as may be necessary or desirable for the proper effectuation of this Agreement. 32 . No Waiver on Defaul. t: 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 affect the right of such party hereafter to enforce the same, nor shall the waiver of any default or breach of any provisions hereof be construed as a waiver of any subsequent default or breach of the same or similar nature, nor shall it be construed as a waiver of strict performance of any other obligations herein. 33. Severabi~i ty: If any term, 32 condition, clause or ~~ "?~ f- 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 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. Likewise, the failure of any party to meet his or her obligation under anyone or more of the paragraphs herein, with the exception of the satisfaction of the conditions precedent, shall in no way avoid or alter the remaining obligations of the parties. 34. EnEorcfI1IIIBZJt of Agrefl1lllBZJt: If either party believes that the other party has breached any provision of this Agreement, the parties agree to return to the Collaborative Law Process to resolve the issue. If the parties are unable to resolve the issues through the Collaborative Law Process, a 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. The party breaching this contract shall be responsible for payment of reasonable legal fees and costs incurred by the other in enforcing their rights under this agreement. 35. Beadings Not Part of Agre----t: Any heading preceding the text of the several paragraphs and subparagraphs hereof are inserted solely for convenience of reference and shall not consti tute a part of this Agreement nor shall they affect its meaning, construction or effect. 33 'f. O;e- . IN WITNESS WHEREOF, the parties hereto have set their hands and seals this day and year first above written. !t1J/0!; Date Marya n Murphy, q. ,~#~ rde- (- 4-05 Date (2/~/1~ MAlUt ECKER 34 ti' '"'Zf? . , " COMMONWEALTH OF PENNSYLVANIA COUNTY OF Cu",\;,er I,,~d. :ss: On this the ;7':,tl. day of 3O.",,~c~ 2005, before me the undersigned, personally appeared ~ ECKER, known to me (or satisfactorily proven) to be the person whose name is subscribed to the within Marital Settlement Agreement, and acknowledged that he executed the same for the purpose therein contained. IN WITNESS WHEREOF, I have set my hand and notarial seal. tL s, K'1 Notary Public , HOTARW.SfAL -"_.'''~ "-" PAIl s,1U)Y, ~ PuIlIc -Fa..." aa....... _t'il....' r ~"..,u.~ COMMONWEALTH OF PENNSYLVANIA COUNTY OF C..."J?h land. :ss: On this the d(,-tJ.. day of Jo.."""r~ 2005, before the undersigned officer, personally appeared LORETTA ECKER, known to me (or satisfactorily proven) to be the person whose name is subscribed to the within Marital Settlement Agreement, and acknowledged that she executed the same for the purpose therein contained. IN WITNESS WHEREOF, I have set my hand and notarial seal. NOTARIAL SEAl.. ~~i PAM S. RUDY, Nolafy PublIc $ E8II r...lillluro T~., CunllerIand Col..,. IolyCornnialonExp/llsAug. 14, 200.:' g 35 - - ~c, -... ". ";',.,., ~' , . .1\..;,' o c: r--' C':" ~',;; (/'} ," I (}, -C" j ~ - u o ~'1 --l ;F);~ .) IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVILACflON - LAW LORETfA ECKER, Plaintiff' : . . : No. 05-633 v. . . : IN DIVORCE/CUSTODY MARK ECKER, : Defendant : AFFIDAVIT OF SERVICE I, Maryann Murphy, Esquire, depose and say: 1. That I am an adult individual residing in Cumberland County, Pennsylvania. 2. That on February 4, 2005, I personally handed the Complaint in Divorce to Defendant's attorney, Joanne H. Clough, Esquire, at the following address: 24 North 320d Street Camp Hill, PA 17011 3. That Defendant's attorney, Joanne H. Clough, Esquire, accepted service of the Complaint in Divorce on behalf of Defendant and signed an Acceptance of Service dated February 4, 2005. The Acceptance of Service is attached hereto. q/~\o~ Date L- Maryann urphy, Esquire PMB 246 4902 Carlisle Pike Mechanicsburg, PA 17050 (717) 730-0422 J.D. # 61900 Attorney for Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNlY, PENNSYLVANIA CIVIL ACflON - LAW WRETfA ECKER, Plaintiff . . : : No. 05-633 v. . . : IN DIVORCE/CUSTODY MARK ECKER, . . Defendant . . ACCEPTANCE OF SERVICE I, JOANNE H. CWUGH, ESQUIRE, am the Attorney for Defendant, Mark Ecker, in the above-captioned matter. In that capacity, I am authorized to and have ._"""'re of the Compl.inUn DivOtteon th. ~ dayof ~ 2005. Joanne H. Clough, Attorney for Defen , , '. (') ....., 0 ,= c (~ -lot c..n U? -1 ::C l~q n1::G -Ll r:: , \ C; 0- (~) -n -",. N - - IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVILACflON - LAW WREITA ECKER, Plaintiff : : : No. 05-633 v. . . : IN DWORCE/CUSTODY MARK ECKER, : Defendant . . PRAECIPE TO TRANSMIT RECORD To The Prothonotary: Transmit the record, together with the following information, to the Court for entry of a divorce decree: 1. Ground for divorce: Irretrievable breakdown under Section ~n01(c) of the Divorce Code. 2. Date and Manner of service of the Complaint: Personally served upon. Joanne H. Clough. Esquire. counsel for Defendant on Februmy 4. 2001>. Acceptance of Service. dated February 4, 200.':;. signed by Joanne H. Clough. Esquire. 3. Complete either paragraph (a) or (b). (a) Date of execution of the Affidavit of Consent required by Section 3301{ c) of the Divorce Code: by Plaintiff, May 24. 2001';: by Defendant, August II>. 2001>. (b )(1) Date of execution of the Plaintiffs Affidavit required by Section 3301{ d) of the DivorceCode: N/A. (2) Date of filing and service of the Plaintiffs Affidavit upon Defendant: N I A. 4. Related claims pending: All claims have been resolved by the Marital Settlement Agreement dated January 26. 200."\. 5. Complete either paragraph (a) or (b). (a) Date and manner of service of the notice of intention to file Praecipe to Transmit Record, a copy of which is attached: N I A. (b) Date Plaintiffs Waiver of Notice in Section 3301( c) Divorce was filed with the Prothonotary: June 1."1. 200!>. Date Defendant's Waiver of Notice in Section 3301(C) Divorce was filed with the Prothonotary: August :-to, 2005. ~~\1v,~ ~ Maryann hy, Esquire I PMB 246 4902 Carlisle Pike Mechanicsburg, PA 17050 (717) 730-0422 1.D. #61900 Attorney for Plaintiff (") c;; ,....> C,"':J <~ c..-\ (('l r'n -0 \ <7' .." -:;. - \~~ C) ;:r\ -"" :1:.-"" ri."\ E: ~~'0 -r~),(_) ~~:.s.~-~ ,':'. r"C( ""'\ -,'=" -~ - :; ----- --- . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY STATE OF PENNA. LORETTA ECKER Plaintiff NO. 05-633 Civil Term VERSUS MARK ECKER Defendant DECREE IN DIVORCE AND NOW, S'" r1r,-,b"i 7 DECREED THAT LORETTA ECKER } 00-"-, IT IS ORDERED AND PLAINTIFF, AND MARK ECKER DEFEN DANT, ARE DIVORCED FROM THE BONDS OF MATRIMONY. THE COURT RETAINS JURISDICTION OF THE FOLLOWING CLAIMS WHICH HAVE BEEN RAISED OF RECORD IN THIS ACTION FOR WHICH A FINAL ORDER HAS NOT YET BEEN ENTERED; The attached Marital Settlement Agreement dated January 26, 2005, is hereby incorporated but not merged into this Decree in Divorce. By THE COURT: /) ~ ,t<. " c ATTE PROTHONOTARY . . . . 'lo;'f': ;t:,., :+.:t: . . .. . . . . . . . . . . . . . . . . . . J. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ~ fZP 2. ~ ~jL 5(/ j ~~ ~ ~ 'Z~ ~ -rP 5(/'. ~'6 . ~.<........:'_, ....,... ..,a-"