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HomeMy WebLinkAbout05-1175 DANIEL L. LORD, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNA. Plaintiff, vs. No. DS" - 1/7$ Cru~L~~ NICOLE M. LORD, Defendant. CIVIL ACTION - 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 of the marriage, you may request marriage counseling. A list of marriage counselors is available in the Office of the Prothonotary, Cumberland County Courthouse, Hanover and High Streets, Carlisle, Pennsylvania, 17013. IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY, LAWYER'S FEES OR EXPENSES BEFORE A DIVORCE OR ANNUL- MENT IS GRANTED, YOU MAY LOSE THE RIGHT TO CLAIM ANY OF THEM. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Lawyer Referral Service Cumberland County Bar Association 32 S. Bedford Street Carlisle, PA 17013 Phone: 717-249-3166 or 800-990-9108 Plaintiff, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNA. DANIEL L. LORD, vs. No. O~ - IllS Cw~L'---r~ NICOLE M. LORD, Defendant. Civil Action - In Divorce COMPLAINT UNDER SECTION 3301(c) OR 3301(d) OF THE DIVORCE CODE I. Plaintiff is Daniel L. Lord, who currently resides at 55 Oliver Road, Enola, Cumberland County, Pennsylvania, 17025 since February 2004. Plaintiff's Social Security No. is 007-78-9615. 2. Defendant is Nicole M. Lord, who currently resides at 232 East High Street, Elizabethtown, Lancaster County, Pennsylvania, 17022 since 2005. Defendant's Social Security No. is 176-50-8673. 3. The Plaintiff and Defendant have been bona fide residents of the Commonwealth of Pennsylvania for at least six months immediately previous to the filing of this Complaint. 4. The Plaintiff and Defendant were married on November 2,2001 in Newtown Square, Chester County, Pennsylvania. 5. There have been no prior actions of divorce or annulment of marriage between the parties. 6. The Defendant is not a member of the Armed Services of the United States of America or its Allies. 7. The marriage is irretrievably broken. 8. Plaintiff has been advised that counseling is available and that Plaintiff may have the right to request that the court require the parties to participate in counseling. 9. Plaintiff requests the court to enter a decree of divorce. I verify that the statements made in this Complaint are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.c.S. Section 4904 relating to unsworn falsifications to authorities. IRA H. WEINSTOCK, P.c. 800 North Second Street Harrisburg, PA 17102 Phone: 717-238-1657 By: JJLD- H. ~L IRA H. WEINSTOCK () .t.Q ]V '1 -- \l::- ,.() D - >v V( n ....., B ~ ,:;> ~ () Or C <:~:::::r ~.~~~ -c r I-I' ::'!: ~:n w 0 ~ ;p.. -.() AJ =g fri w I J.- c:,ti' '.",0 -0 _'_" -ri ~ , >,,;'-""11 {''';- :;I: ,)~ C-- .:::- (5 z :..4- :2 ".' 0 ::0 en .< IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA DANIEL L. LORD, NO. 05-1175 CIVIL TERM Plaintiff CIVIL ACTION - LAW v. IN DIVORCE NICOLE M. LORD, Defendant PRAECIPE TO ENTER APPEARANCE To the Prothonotary: Please enter the appearance of Diane G. Radcliff, Esquire, Supreme Court ID No. 32112, on behalf of the Defendant, Nicole M. Lord. Papers may be served at the address set forth below: Diane G. Radcliff 3448 Trindle Road Camp Hill, PA 17011 Phone: (717) 737-0100 Date: December 15, 2005 ~ ~N'G. RA~I ~ """,. -orx: fT1rl', 4~; U}:- -< ~. ~< ~::;: 1:: >~:~ ?~ -< "" = = "'"' o cr, n o -n -l :r:.,.., fnr -am ~"lC:::; ~,!;) (1. t ~~ '~j ':'0 "< \D """ 3: C3 (J1 o IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA DANIEL L. LORD, NO. 05-1175 CIVIL TERM Plaintiff CIVIL ACTION - LAW v. IN DIVORCE NICOLE M. LORD, Defendant AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under Section 3301 (c) of the Divorce Code was filed on March 4, 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 in 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. Dated: q'~9rtJ& g -? ",c.:-..~ ir ~ ~ ~ I <...:> :~(:: )r'Cc ~ .-( o "'" ~ -r -T1 ~\r:: -..f1. tr; -C) I" CJ ("\ %? ~ ~ ..:- '-P. s:* CO IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDEf{ SECTION 3301 (g OF THE DIVORCE CODE 1. I consent to the entry of a final decree in 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 Waiver are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. ~4904 relating to unsworn falsification to authorities. ~, ~, Dated: fJ-;e'l ()(p ~ OL M. LORD o c -o~~ r\! co -"":" ..' "~';-'- .; ;~:; ~ c;;::l er- e:> ~ \ e,..J ~:::: ~:E: ~"~" j;' r;:" :1 ~ ...... oJ:) .- o -n .-\ :r:.>r p's'. .~;~; ~~~~~(~\ i)'C"" ~~(A dJ:J :~ ,"r::* d) " IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA DANIEL L. LORD, NO. 05-1175 CIVil TERM Plaintiff CIVIL ACTION. LAW v. IN DIVORCE NICOLE M. LORD, Defendant MARITAL AGREEMENT BETWEEN DANIEL L. LORD AND NICOLE M. LORD Diane G. Radcliff, Esquire 3448 Trindle Road Camp Hilt, PA 17011 Attorney for Wife Ira H. Weinstock, Esquire Su;te 100 800 North Second Street Harrisburg~ PA 17102 TABLE OF CONTENTS Recita Is .......................................................................... 01 SECTION I General Provisions ............................................................. 01 SECTION II Distribution of Property and Debts........................................... 07 SECTION III Counsel Fees, Support, Alimony, etc. ....................................... 12 SECTION IV Closing Provisions and Execution ............................................ 14 NOTARy....... ........ .... .... .......... ........... ....... ................... .... 16 MARITAL AGREEMENT THIS AGREEMENT made thi~y of~ ()4L~06, by and between NICOLE M. LORD, ("Wife") of 232 E. High Street, Eliz~'PA 17022, and DANIEL L. LORD, ("Husband") of 55 Oliver Road, Enola, PA 17025. PREAMBLE A~D RECITALS R-1. WHEREAS, the parties hereto are husband and wife, having been married on November 2, 2001 in Cumberland County, Pennsylvania, and were separated on January 2004. R-2. WHEREAS, The parties are the parents of one (1) children: Caleb J. Lord, (the flChild") , R.3 WHEREAS, diverse and unhappy differences, disputes and difficulties have arisen between the parties and it is the intention of Husband and Wife to live separate and apart for the rest of their natural Uves, 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 settUng 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 the past, present and future support, alimony 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. NOW, THEREFORE, in consideration of the premises and 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 I Wife and Husband, each intending to be legally bound hereby, covenant and agree as follows: SECTION I GENERAL PROVISIONS 1.01. INCORPORATION OF PREAMBLE. The recitals set forth in the Preamble of this - 1 - Agreement are incorporated herein and made a part hereof as if fully set forth in the body of the Agreement. 1.02. DIVORCE DECREE. The parties acknowledge that their marriage is irretrievably broken and that they will secure a mutual consent no-fault Divorce Decree in the above captioned divorce action. Upon the execution of this Agreement, or as soon as possible under the terms of said Divorce Code if said documents can not be signed upon the execution of this Agreement, the parties shall execute and deliver to Husband's attorney their respective Affidavits of Consent and Waivers of Notice. Within Ten (10) business days of receipt of those signed Affidavits and Waivers, or if a Divorce Master had been previously appointed then within Ten (10) business days of receipt of order revoking his appointment, Husband's attorney will file all the remaining documents necessary to secure the entry of the Divorce Decree at Husband sole cost and expense. If either party has filed a counterclaim, counter-affidavit, or any claim for economic relief, he or she agrees that any such claims have been fully resolved by virtue of this Agreement, and he or she shall withdraw any such claims and, if necessary, shall take such further steps as may be necessary to allow for a prompt finalization of any divorce action between the parties. 1.03. EFFECT OF DIVORCE DECREE. INCORPORATION AND MERGER. The terms of this Agreement shall be incorporated into any Divorce Decree which may be entered with respect to them. This Agreement shall not, however, merge with the Divorce Decree, but rather, it shall continue to have independent contractual significance and each party shall maintain their contractual remedies as well as Court remedies as the result of the aforesaid incorporation or as otherwise provided by law or statute. This Agreement shall continue in full force and effect after such time as a final Decree in Divorce may be entered with respect to the parties. 1.04. DATES. The "date of execution", "execution date" or "date of this Agreement" shall be defined as the date of execution by the party last executing this Agreement. The transfer of property, funds and/or documents provided for herein shall take place on the "distribution date" which shall be defined as the date of execution of this Agreement unless otherwise specified herein. 1.05. ADVICE OF COUNSEL. The provisions of this Agreement and their legal effect have been fully explained to the parties by their respective counsel, Ira H. Weinstock, Esquire for Husband, and Diane G. Radcliff, Esquire, for Wife. The parties - 2 - acknowledge that they have received independent legal advice from counsel of their selection and that they fully understand the facts and have been fully informed as to their legal rights and obligations. They acknowledge and accept that this Agreement is, under the circumstances, fair and equitable and that it is being entered into freely and voluntarily after having received such advice and with such knowledge, and that execution of this Agreement is not the result of any duress or undue influence and that it is not the result of any collusion or improper or illegal agreement or agreements. 1.06. FINANCIAL DISCLOSURE. Each party acknowledges that there has been a full and fair disclosure of the parties' marital assets and debt, their separate estates and their respective incomes. The parties confirm that each has relied on the substantial accuracy of that financial disclosure as an inducement to the execution of this Agreement. The parties hereby waive any further disclosure of the parties' marital assets and debt, their separate estates and their respective incomes, except for such disclosure that may be necessary as a result of a breach of this Marital Agreement. 1.07. DISCLOSURE AND WAIVER OF PROCEDURAL RIGHTS. Each party understands that he or she has the right: (1) 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; (2) to have all such property valued by means of appraisals or otherwise; (3) to compulsory discovery to assist in the discovery and verification of facts relevant to their respective rights and obligations, including the right to question the other party under oath; and (4) to have a Court hold hearings and make decisions on the matters covered by this Agreement, which Court decision concerning the parties' respective rights and obligations might be different from the provisions of this Agreement. Given said understanding and acknowledgment, both parties hereby waive the foregoing procedural rights. 1.08. BANKRUPTCY. The parties hereby agree that the provisions of this Agreement shall not be dischargeable in bankruptcy and expressly agree to reaffirm any and all obligations contained herein. In the event a party files such bankruptcy and pursuant thereto obtains a discharge of any obligations assumed hereunder, the other party shall have the right to declare this Agreement to be null and void and to terminate this Agreement in which event the division of the parties' marital assets and all other rights determined by this Agreement shall be subject to Court determination the same as if this Agreement had never been executed by the parties. 1.09. MUTUAL RELEASES. Except as other wise expressly provided in this Agreement, - 3 - Husband and Wife each do hereby 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 the following: A. Claims Against Property or Estate. Any and all right, title, interest and/or claims in or against the other party, 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 such other party, the estate of such other party or the property of the other party or any part thereof, whether arising out of any former acts, contracts, engagements or liabilities of such other. B. life Time Conveyances. 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 (i) the Commonwealth of Pennsylvania, (ii) State, Commonwealth or Territory of the United States, or (iii) any other country; C. Marital Rights. Any rights which either party may have or at any time hereafter have for past, present or future support or maintenance, alimony, alimony pendente lite, counsel fees, equitable distribution, costs or expenses, whether arising as a result of the marital relation or otherwise. D. Breach Exception. The foregoing shall not apply to all rights and agreements and obligations of whatsoever nature arising or which may arise under this Agreement or for the breach of any provision thereof. It is the intention of Husband and Wife to give to each other by the execution of this Agreement a full, complete and general release with respect to any and all property of any kind or nature, real, personal or mixed, which the other now owns or may hereafter acquire, except and only except, all rights and agreements and obligations of whatsoever nature arising or which may arise under this Agreement or for the breach of any provisions thereof. 1.10. EFFECT OF RECONCILIATION. This Agreement shall remain in full force and effect even if the parties reconcile, cohabit as Husband and Wife or otherwise, or attempt a reconciliation. This Agreement shall continue in full force and effect and there shall be no modification or waiver of any of the terms hereof unless the parties, in writing, signed by both parties, execute a statement declaring this Agreement or any term of - 4- this Agreement to be null and void. 1.11. BREACH. If for any reason either Husband or Wife fails to perform his or her obligations owed to or for the benefit of the other party and/or otherwise breaches the terms of this Agreement, then the other party shall have the following rights and remedies: A. Divorce Code Remedies. The right to all remedies set forth in Section 3502(e) of the Pennsylvania Divorce Code, 23 PA. C.S.A. 3502(e), and any additional rights and remedies that may hereafter be enacted by virtue of the amendment of said statute or replacement thereof by any other similar laws. B. DamaS!es. The right to damages arising out of breach of the terms of this Agreement, which damages shall include reimbursement of all reasonable attorney's fees and costs incurred as the result of the breach and in bringing the damage action. C. Other Remedies. Any other remedies provided for in law or in equity. D. Considerations for Reasonable Attorneys Fees. Any award of "reasonable attorneys fees" as used in this paragraph shall be based on consideration of (1) the hourly rate charged; (2) the services rendered; and (3) the necessity of the services rendered. Determination of reasonableness shall not take into consideration the amount or nature of the obligation sought to be enforced or any possibility of settlement for less than the obligation sought to be enforced by the non-breaching party. E. Breach Notice. In the event of an alleged breach of any term of this Agreement, the aggrieved party shall provide written notice to the breaching party and his or her counsel of his or her intent to take action to enforce his or her rights under the Agreement and to remedy such breach. The breaching party shall have a period of fifteen (15) days from the mailing of such notice to cure the alleged breach prior to the institution of any proceedings of any nature for enforcement of this Agreement. 1.12. INCOME TAX MATTERS. With respect to income tax matters regarding the parties the following shall apply: A. Prior Returns. The parties have heretofore filed joint federal and state - 5 - 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 therewith. Such tax, interest, penalty or expense shall be paid solely and entirely by the individual who is finally determined to be the cause of the misrepresentations or failure to disclose the nature and extent of his or her separate income on the aforesaid joint returns. B. Current Returns. The parties shall file individual tax returns for the current tax year and for every tax year hereafter. C. Preservation of Records. Each party will keep and preserve for a period of three (3) years from the date of their divorce all financial records relating to the marital estate, and each party will allow the other party access to those records as may be reasonably necessary from time to time. D. No Tax on Property Division. Except as specifically set forth in this Agreement, the division of marital property herein provided is not intended to constitute in any way a sale or exchange of assets. It is understood that the property transfers described herein fall within the provisions of Section 1041 of the Internal Revenue Code, and as such will not result in the recognition of any gain or loss upon the transfer to the transferee. Each party promises not to take any position with respect to the adjusted basis of the property assigned to him or her or with respect to any other issue which is inconsistent with the terms of this Paragraph on his or her applicable federal or state income tax returns. 1.13. WAIVER OR MODIFICATION. 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. 1.14. MUTUAL COOPERATION. Each party shall, at any time, and from time to time hereafter, and within five (5) business days of request, 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. - 6 - 1.15. AGREEMENT BINDING ON HEIRS. This Agreement shall be binding and shall inure to the benefit of the parties hereto and their respective heirs, executors, administrators, successors and assigns. 1.16. 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. SECTION II DISTRIBUTION OF PROPERTY 2.01. FINAL EQUITABLE DISTRIBUTION OF PROPERTY. The parties agree that the division of all property and debts set forth in this Agreement is equitable and in the event an action in divorce has been or is hereafter commenced, both parties waive and relinquish the right to divide and distribute their assets and debts in any manner not consistent with the terms set forth herein and further waive and relinquish the right to have the Court equitably divide and distribute their marital assets and debts. It is further the intent, understanding and agreement of the parties that this Agreement is a full, final, complete and equitable property division. 2.02. DISTRIBUTION OF PROPERTY AND DEBTS. The parties' marital assets and debts shall be divided and distributed as follows: A. Personal Property. The parties' tangible personal property including, but without limitation with specific reference to, jewelry, clothes, furniture, furnishings, rugs, carpets, household equipment and appliances, tools, pictures, books, works of art and other personal property ("the Personal Property") shall be divided and distributed as follows: 1. To Wife. All items of personal property in the possession of Wife, not otherwise distributed to Husband herein. 2. To Husband. All items of personal property in the possession of Husband, not otherwise distributed to Wife herein. B. Vehicle(s)and Vehicle Loan(s). The parties' vehicles, boats, snowmobiles, motorcycles, trailers, campers and the like owned by one or both of the - 7 - parties, or the trade in value thereof if the Vehicles have been sold or traded in prior to the date of this Agreement ("Vehicles"), and loans associated therewith, shall be divided and distributed as follows: 1. To Wife. None. Wife's 1998 Honda Odyssey was previously repossessed. 2. To Husband. The 2000 Mercury Montana (sold/trade in value) and the 2005 Ford F-150 Truck (post separation) and any vehicle loans for the purchase of said vehicles. C. Accounts. The parties' bank accounts, certificates of deposit, and other monetary deposits, ("the Accounts") shall be divided and distributed as follows: 1. To Wife. The M&T Bank account(s) (Wife's sole name); the Belco account (Wife's sole name). 2. To Husband. Sovereign account(s) (Husband's sole name); the Waypoint account or the funds previously removed by Husband from that account (joint names). D. Investments. The parties shares of stock, brokerage accounts and other investments (the "Investments") shall be divided and distributed as follows: 1. To Wife. None. 2. To Husband. Ameritrade Account (Husband's premarital). E. Life Insurance. The parties' life insurance policy and the cash value thereof shall be divided and distributed as follows: 1. To Wife. None. 2. To Husband. None. F. Retirement Plans. The parties' Pension Plan, Retirement Plan, IRA Account, Profit Sharing Plan, 401-K Plan, Keogh Plan, Stock Plan, Tax Deferred Savings Plan, any employee benefit plan and/or any other retirement type plans (the - 8 - "Retirement Plans") shall be divided and distributed as follows: 1. To Wife. None. 2. To Husband. Husband's Campus Apartments 401 K Plan; Husband's Sovereign Bank 401 (k) Plan. G. Real Estate. Each of the parties hereby waives and right title, interest or claim in any real estate owned by the other party in his or her sole name including but not limited to the following: 1. Wife's Real Estate. Husband's waives all right, title, interest and claim in the following properties owned or previously owned in Wife's sole name, or the proceeds received by Wife from the sale thereof, if applicable: A. 232 E. High Street, Elizabethtown, PA 17022 (Wife's post separation); B. 110 North Enola Drive, Enola, PA 17025 (previously sold by Wife). 2. Husband's Real Estate. Wife waives all right, title, interest and claim in the following properties owned or previously owned in Husband's sole name, or the proceeds received by Husband from the sale thereof, if applicable: A. 55 Oliver Drive, Enola, PA 17025 (Husband's post separation); B. 4.8 acres of unimproved land located on East Ridge Road, Dillsburg, PA (Husband's post separation). H. Monetary Payment. None. I. Debts. The parties' marital debts, loans, credit cards and other obligations, not otherwise divided and distributed herein, shall be divided and distributed as follows: 1. To Wife. Wife shall be solely liable for any credit cards, loans, debts and liabilities incurred in Wife's individual name. - 9 - 2. To Husband. Husband shall be solely liable for any credit cards, loans, debts and liabilities incurred in Husband's individual name. 2.03. MISCELLANEOUS DISTRIBUTION PROVISIONS. The following miscellaneous provision shall apply to the distribution of the parties' marital assets and debts: A. After Acquired Property. Each of the parties shall hereafter own and enjoy, independently of any claim or right of the other, all property, tangible or intangible, real, personal or mixed, acquired by him or her, since the date of the parties' marital separation, 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 and each party hereby waives, releases, renounces and forever abandons any right, title, interest and claim in and to said after acquired property of the other party pursuant to the terms of this Paragraph. B. As Is Condition. Except as otherwise specifically herein provided, and with respect to the transfer of any tangible assets provided for in this Marital Agreement, the parties acknowledge that he or she have had the opportunity to inspect and view the assets that he or she is to receive as his or her sole and separate property and he or she is fully aware of the condition of such tangible asset and is receiving those assets in "as is" physical condition, without warranty or representation by or from the other party. C. Title Transfer. If appropriate, for effectuating the transfers as herein provided, those titles shall be executed and delivered to the appropriate party on the date of this Agreement, unless another date is provided herein. For purposes of this Paragraph the term "title" shall be deemed to include a "power of attorney" if the title is unavailable due to financing arrangements or otherwise. D. Personalty Transfer. if either party is entitled to any items of personal property in the possession of the other party as of the date of this Agreement, the parties shall promptly make arrangements so as to permit that party to remove the items of property from the other party's possession no later than thirty (30) days from the date of this Agreement. E. Waiver. Each of the parties specifically waives, releases, renounces and forever abandons whatever right, title and interest they may have in any - 10- property that is to become the sole and separate property of the other party pursuant to the terms of this Agreement. F. Liens. In the event any asset is subject to a lien or encumbrance, the party receiving the asset as his or her separate property shall take it subject to said lien and/or encumbrance and shall be solely responsible and liable therefor, unless otherwise specifically herein provided. G. After Acquired Debts. Each of the parties represents and warrants to the other at since the parties' marital separation he or he has not contracted or incurred any debt or liability for which the other or his or her estate might be responsible. Each of the parties further represents and warrants to the other party that he or she will not contract or incur any debt or liability after the execution of this Agreement for which the other or his or her estate might be responsible. Each of the parties shall indemnify and save the other party harmless from any and all claims or demands made against him by reason of debts or obligations incurred by him or her. H. Debt Balances and Prior Payments. Any debt herein described shall be deemed to include the current balance owed on the debt. Unless otherwise herein specifically provided, there shall be no adjustment in the distribution provisions for the payment of any portion of the marital debts prior to the execution of this Marital Agreement, whether or not that debt or the prior payment thereof is specifically referenced in this Paragraph, said payment having been taken into consideration in determining the distribution of marital assets and debts herein provided. I. Indemnification. Any party assuming an obligation pursuant to the terms of this Agreement shall indemnify, protect and hold the other party harmless from and against all any and all liability thereunder, including, but not limited to, any attorney's fees and costs incurred by the other party as the result of defending against the obligation and/or enforcing the provisions of this indemnification. J. Cancellation of Joint Debts. Any joint debt shall be canceled so that neither party can make any further charges thereunder, and if said charges are made in violation of this Agreement, then the party incurring said charge shall immediately repay the same. - 11 - K. Non-Disclosed Liability. Any liability not disclosed in this Agreement shall be the sole responsibility of the party who has incurred or may hereafter incur it, and the party incurring or having incurred said debt shall pay it as it becomes due and payable. L. No Further Joint Debt. From the date of this Agreement, each party shall only use those credit accounts or incur such further obligations for which that party is individually and solely liable and the parties shall cooperate in closing any remaining accounts which provide for joint liability. K. No Additional Debt. Each party represents and warrants to the other party that since the separation he or she has not, and in the future he or she will not, contract or incur any debt or liability for which the other party or the other party or the other party's estate might be responsible. SECTION III COUNSEL FEES, SPOUSAL SUPPORT, APL, ALIMONY, AND CHILD SUPPORT 3.01. WAIVER OF COUNSEL FEES. The parties hereto agree and do hereby waive any right and/or claim each may have, both now and in the future, against the other for counsel fees, costs and expenses. 3.02. ALIMONY. APL. AND SUPPORT. The parties hereto agree and do hereby waive any right and/or claim they may have, both now and in the future, against the other for alimony, alimony pendente lite, spousal support and maintenance. The foregoing notwithstanding the following shall apply to the existing spousal support order and alimony: A. Termination of Spousal Support. Effective as of the date of divorce decree the order for spousal support entered in the Cumberland County Support Action docketed to #0157DR004, Pacses No. 079106101 shall be cancelled and converted to an order for alimony under the terms hereinafter set forth. Any credit or arrears on said spousal support order existing as of that date shall be transferred to the alimony order. B. Alimony. Effective with the date the divorce decree, an order for alimony - 12 - shall be entered requiring Husband to pay Wife alimony in the amount of $475.30 per month, under and subject to the following terms and conditions: 1. Payment Time. The alimony is to be paid monthly, commencing with the entry of the divorce decree, and prorated for any partial month. 2. Payment Place. The alimony is to be paid by Husband to Wife through Domestic Relations of Cumberland County. Husband's wages shall not be attached unless there is a default in timely payment. 3. Termination. The obligation to pay alimony will terminate upon the earlier occurrence of any of the following events: A. death either party; B. Wife's remarriage; C. Wife's cohabitation; or D. One year from the date of the divorce decree 4. Tax Reportin~. The alimony shall be reported by Wife as income on her applicable income tax returns and deductible by Husband on his applicable income tax returns. For all purposes, including income tax treatment purposes, the payments shall be deemed to be a periodic payment of alimony between Husband and Wife associated with a dissolution of their marriage and pursuant to a written marital agreement. 5. No Modification. The alimony provisions set forth in this Paragraph shall not be subject to modification by the Court or the parties absent mutual written agreement. 6. No Consideration of Alimony in Child Support Calculation. The alimony herein provided has been calculated after the calculation of child support herein provided and takes into consideration that payment. Therefore, the payment or receipt of alimony shall not be considered in the future calculation of child support and shall not be deducted from the payor's income nor added to the payee's income as - 13 - part of that calculation. 3.03. CUSTODY. Custody shall be governed by a separate agreement being entered into concurrently herewith. 3.04. CHILD SUPPORT. Husband shall pay Wife child support for the parties' minor child under the following terms and conditions: A. Modification of Child Support Order. The child support order entered in the Cumberland County Support Action docketed to #0157DR004, Pacses No. 079106101 which currently provides for unallocated child and spousal support in the total amount of $1,261.93 shall be modified to provide for an allocated child support amount of $ 743.30 per month. B. Effect of Alimony on Child Support Calculation. See the provisions regarding alimony set forth in paragraph 3.04.B. 6 above regarding the non-inclusion or deduction of alimony for child support calculations, incorporated by referenced hereto. C. Governing Action. Otherwise, all child support matters shall be determined by in the above referenced child support Domestic Relations action. SECTION IV CLOSING PROVISIONS AND EXECUTION 4.01. COUNTERPARTS. This Agreement may be executed in counterparts, each of which shall be deemed to be an original, but all of which shall constitute one and the same agreement. 4.02. FACSIMILE SIGNATURE. Each party agrees to accept and be bound by facsimile signatures hereto. 4.03. BINDING EFFECT. By signing this agreement, each party acknowledges having read and understood the entire agreement, and each party acknowledges that the provisions of this agreement shall be as binding upon the parties as if they were ordered by the Court after a full hearing. - 14 - IN WITNESS WHEREOF, the parties hereto, intending to be legally bound hereby, have signed sealed and acknowledged this Agreement the day and year below written, which Agreement has been executed in various counterparts, each of which shall constnute an original. Q/l- /i LJ~ (SEAL) WITNESS: AJ~jJf d/J?1Lty (SEAL) - 15 - COMMONWEALTH Of PENNSYLVANIA COUNTY OF ?ef\ rlSy /\1 OV\ ) 0-., : SS. On this the~day of S1pb-fY1~, 2006, before me the undersigned officer, personally appeared, DANIEL L. LORD, known to me (or satlsfactorily proven) to be the person whose name is subscribed to the within Agreement, and acknowledged that he executed the same for the purposes therein contained. IN WITNESS WHEREOF I I hereunto set my hand and notarial seal. 'clYl~ [;U ~tvh1...u NOTARY PUBLIC My Commission Expires: ?:l d-~ /0 g- COMMONWEALTH OF PENNSYLVANll I NOTARIAL SEAL I LINDA WITMER, NOTARY PUBLIC .. CITY OF HARRISBURG, DAUPHIN COUNTY \ MY COMMISSION EXPIRES MAR 20, 2008 COMMONWEALTH OF PENNSYLVANIA 55. COUNTY OF CUMBERLAND On this the~ day o( t ~JLYJ1-hA) , 2006, before me the undersigned officer, personally appeared, NICOLE M. lORD, known to me (or satisfactorily proven) to be the person whose name is subscribed to the within Agreement, and acknowledged that she executed the same for the purposes therein contained. IN WITNESS WHEREOF, I have hereunto set my hand and notarial seal. 4P d<.lN AI r.>f. ,(J,/J-4f J t NOTARY PUBLIC My Commission Expires: - - ~ h7 COMMONWEALTH OF PENNSYLVANIA Notarial Seal Deborah L Donley, Notary Public Camp Hill Bolo, Cumberland Counly My Commission Expires Sepl23. 2007 Member, Pennsylvania Association Of Notaries . 16 - TOTAL P.04 (") r--) C'~? 0 ~.'; C-_=:l ..) CJ-' 0 ::;! C.l _.1_ '"T1 -~ n1 1''-'' I 1. t C7 W L ( \ :y:""" __I',.' , . -C.r"" i::-n , .......~ r-- CO . DANIEL L. LORD, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNA. Plaintiff, vs. No. 05 - 1175 Civil Term NICOLE M. LORD, Defendant. CNIL ACTION - DIVORCE WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER SECTION 3301(c) OF THE DIVORCE CODE 1. I consent to the entry of a final decree of divorce without notice. 2. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses, 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 ofl8 Pa.C.S. 94904 relating to unsworn falsification to authorities. /.. f)- r_D L Dated: ) , (7 r'-\ , \ , hwJ ~~ DANIEL L. LORD o c ~~~ ::::] '-, l'-.:l c::.> c::) 0"' o C) o II ~-n rl1F -l"""m :i'''i r:~'; -"~) ;.-~) . 1 -~ :'..:~ -~I'~ ;.C) ~;-n ~ -< ....-.: , 0' -v ""';:;0. N N Q DANIEL L. LORD, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNA. Plaintiff, vs. No. 05 - 1175 Civil Term NICOLE M. LORD, Defendant. CIVIL ACTION - DIVORCE AFFIDAVIT OF SERVICE Ira H. Weinstock, Esquire, being duly sworn according to law, deposes and says that he mailed a true and correct copy of the Complaint in Divorce upon the Defendant on March 8, 2005 by depositing it in the United States mail, return receipt requested, restricted delivery addressed as follows: Nicole M. Lord, 232 East High Street, Elizabethtown, Pennsylvania, 17022. The return receipt signed by the Defendant is evidence of delivery to her and is attached hereto as Exhibit "A". I verify that the statements made in this Affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. ~4904 relating to unsworn falsification to authorities. ~f{. ~Jcd IRA H. WEINSTOCK U.S. Postal Service CERTIFIED MAIL RECEIPT (Domestic Mall o,,7/y: NQ.llnsurance Coverage Provided) CJ a- \.ll ru l"- Postage $ l"- M Certified Fee ru M Return Receipt Fee (Endorsement Required) CJ CJ Restricted Delivery Fee CJ (Endorsement Required) CJ Total Postage & Fees $ ~ IT' M ....=I C1 CJ f'- SENDER' COMPLETE THIS SECTION . Complete items 1, 2, and 3. Also complete item 4 if Restricted Delivery is desired. . Print your name and address on the reverse so that we can return the card to you. . Attach this card to the back of the mailpiece, or on the front if space permits. 1. Article Addressed to: I\}'l c..e Ie 'vt. Lord. ~3;) E~t: /-4-i (J ~.str t.e.-C S(I 2A.~t:I'-taCU1\ r/~. liOJ :l- 2. Article Number (Copy from service label) Postmark Here 3/ -g/o-s- o Agent o Addressee o Yes o No 3. Service Type ~Certified Mail o Registered 01 o Express Mail o Return Receipt for Merchandise 4. Restricted Delivery? (Extra Fee) ~ Yes 7001 ~940 nODl 2177 2590 102595-99-M PS Form 3811 , July 1999 Domestic Return Receipt EXHIBIT "A" ("") "" 0 r,) ~-=: ':'::'~:-;) '"/1 ..::::..r......... Ll :::-J ..........., .. " , -, CT' !::: -.I .-< W W .. . , DANIEL L. LORD, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNA. Plaintiff, vs. No. 05 - 1175 Civil Term NICOLE M. LORD, Defendant. CIVIL ACTION - DIVORCE AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under Section 330l(c) of the Divorce Code was tiled on March 4,2005. 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety (90) days have elapsed from the date of filing and service ofthe 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. 94904 relating to unsworn falsification to authorities. Dated: /J- >'- [)~ DANIEL L. LORD () c.-:- r--.j c.--:-J '.:.::" Co' <<::) ;:-:. _..! C;\ -J w (...) DANIEL L. LORD, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNA. Plaintiff, vs. No. 05 - 1175 Civil Term NICOLE M. LORD, Defendant. : Civil Action - Divorce 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 3 30l( c) of the Di vorce Code. 2. Date and manner of service of the Complaint: March 8, 2005 by certified mail, return receipt requested, restricted delivery. 3. Date of execution of the Affidavit of Consent required by Section 330l(c) of the Divorce Code: by Plaintiff on October 5, 2006; by Defendant on September 29,2006. 4. Related claims pending: All claims settled pursuant to the Marital Agreement executed September 29, 2006 and filed with this Court on October 3, 2006. 5. Date Plaintiff's Waiver of Notice in Section 330l(c) of the Divorce Code was filed with the Prothonotary: October 6, 2006. 6. Date Defendant's Waiver of Notice in Section 330l(c) of the Divorce Code was filed with the Prothonotary: October 3,2006. Respectfully Submitted, IRA H. WEINSTOCK, P.e. 800 North Second Street Harrisburg, P A 17102 Phone: 717-238-1657 /1 ~ By:GLlQfI Dl;~A./itJ~cf IRA H. WEINSTOCK ~ o (~. r--:> <-::-:.') 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LORD VERSUS NICOLE M. LORD AND NOW, PENNA. No. 05 - 1175 Civil Term DECREE IN DIVORCE O;;J;t;e., I -; c::r1.~~S;;.,M · 2006, IT IS ORDERED AND DECREED THAT DANIEL L. LORD , PLAI NTI FF, AND NICOLE M. LORD , DEFENDANT, ARE DIVORCED FROM THE BONDS OF MATRIMONY. THE COURT RETAINS JURISDICTION OF THE FOLLOWING CLAIMS WHICH HAVE YET BEEN ENTERED; BEEN RAISED OF RECORD IN THIS ACTION FOR WHICH A FINAL ORDER HAS NOT Further, the Marital Agreement filed with this Court on October 3, 2006 is incorporated in this Decree by reference and the parties are ordered to com it. ATTEST: ,L7 ~THONOTAR~ ~iY f71' z ~ 7Jt, 1(l'~/'OI ~ fP 7-~ ~'r9 10'6;.& 1 - .1 .. \ ..