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HomeMy WebLinkAbout05-2144 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NANCY L. SINGISER, Plaintiff NO. o j~ - ;;2. I "f ..{.. ~ v. CIVIL ACTION - LAW BRADFORD D. SINGISER, Defendant DIVORCE NOTICE TO DEFEND AND CLAIM RIGHTS YOU HAVE BEEN SUED IN COURT, If you wish to defend against the claims set fo th in the following pages, you must take prompt action. You are warned that if you fail to 0 so, the case may proceed without you and a decree of divorce or annulment may be enter d against you by the court. A judgment may also be entered against you for any other clai or relief requested in these papers by the Plaintiff. You may lose money or property or ot er rights important to you, including custody or visitation of your children. When the ground for divorce is indignities or irretrievable breakdown of the mar iage, you may request marriage counseling. A list of marriage counselors is available in the Of ice of the Prothonotary at the Cumberland County Courthouse, Carlisle, Pennsylvania. IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY, COUNSE FEES OR EXPENSES BEFORE THE FINAL DECREE OF DIVORCE OR ANNULMENT IS GRANTED, YOU A Y LOSE THE RIGHT TO CLAIM ANY OF THEM. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IFYOU DO NOT HAVE LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY BAR ASSOCIATION 32 S. BEDFORD STREET CARLISLE, PA 17013 (717) 249-3166 . IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NANCY L. SINGISER, Plaintiff NO. 05'- ,;21<{'-1 V. CIVIL ACTION- LAW BRADFORD D. SINGISER, Defendant DIVORCE COMPLAINT Plaintiff, Nancy L. Singiser by her attorney, Diane G. Radcliff, Esquire, and f les this Complaint in Divorce of which the following is a statement: COUNT I DIVORCE 1. The Plaintiff is NANCY L. SINGISER, an adult individual who currently resi es 502 Miller Avenue, Mechanicsburg, Cumberland County, Pennsylvania since 198 2. The Defendant is BRADFORD D. SINGISER, an adult individual residing at 923 Bosler Avenue, Lemoyne, Cumberland County, Pennsylvania, since December 200 3, Plaintiff and Defendant have been bona fide residents in the Commonweal for at least six (6) months previous to the filing of this Complaint, 4. Plaintiff and Defendant were married on September 8, 1984 at Meehan sburg, Cumberland County, Pennsylvania. 5. There have been no prior actions of divorce or annulment between the par ies. 6, Plaintiff has been advised that counseling is available and that Plaintiff may h ve the right to request that the Court require the parties to participate in counsel ng. 7. Defendant is not a member of the Armed Services of the United States or a y of its Allies. -2- 8. Plaintiff avers that the grounds on which the action is based are: A. Section 3301 (c) Mutual Consent No-Fault: The marriage is irre rievably broken; B. Section 3301 (d) Non-Consent No-Fault: The marriage is irretrievabl broken and the parties are now living separate and apart. Once the par ies have lived separate and apart for a period of two years, Plaintiff will s bmit an Affidavit alleging that the parties have lived separate and apart fo at least two (2) years and that the marriage is irretrievably broken. 9. Plaintiff requests the Court to enter a decree of divorce. WHEREFORE, Plaintiff requests this Honorable Court to enter a decree in divorce, divorcing the Plaintiff and Defendant. Respectfully submitted, D, FF, ESQUIRE i Ro Camp Hill, PA 17011 Phone: (717) 737-0100 Supreme Court ID # 32112 Attorney for Plaintiff -3- VERIFICATION NANCY L. SINGISER verifies that the statements made in this Complaint are true and correct, NANCY L, SINGISER understands that false statements herein are mad subject to the penalties of 18 Pa.C.S. Section 4904, relating to unsworn falsification to au horities. Date: 4.-,;lO-()5 -4- -=t::> ~ (') <;::;, _. ~;\:~- (/;-:- ~]\> ?," ~ & ?~ ~. ........ -- ~ -S) 0 \)'. .t:! ~ IN 0 v.l ....; @' ~ .-.> c:> "'" c..r' -eo :;lJ N <1' -'Q ~ ~ ~ :1='" ~~h:; @ ,,9'1). ""--.: ':.-~(')' ~ ~~ i~s tjrn ,-~\ '2; .>' .4 o r- o IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NANCY l. SINGISER, Plaintiff NO. 05-2144 v. CIVIL ACTION - LAW BRADFORD D, SINGISER, Defendant DIVORCE AFFIDAVIT OF SERVICE I, Diane G. Radcliff, Esquire, being duly sworn according to law, depose and say that on May 7, 2005, I served a true and correct copy of the Complaint in Divorce upon Bradford D. Singiser, the Defendant, by Certified Mail, Restricted Delivery, addressed as follows: 923A Bosler Avenue Lemoyne, PA 17043 The Certified Mail return receipt mailing card, or a copy thereof, for the foregoing is attached hereto as Exhibit "Au and made a part hereof. ANE . A F, ESQUI E _Trin oad Camp Hill, PA 17011 Supreme Court 1.0. No, 32112 Attorney for Plaintiff Sworn to and subscribed before me a Notary Public in and for Cumberland County, Pennsylvania this tJ!!!day of may- , 2005: ~O<~ NOTARY PUBLIC My commission expires: COMMONWEALTH OF PENNSYLVANIA ':':! !:~'1 :"'-":'11 De""r-"" ~~~:" .,...",' .'\'1'...,...../ Public LJU,...1,,',..i--'-"" .A""J Camp Hill H\)r':"~'l~;-,,oer1and County My c:ommlSS'cli :""I'ires Sept. 23, 2007 Member, P'ehn'5ylve\1ta Association Of Notaries . DER COMPLETE THIS SECTION . . . . . ,omplele items 1, 2, and 3. Also complete em 4 n Restricted Delivery is desired, in1 your name and address on the reverse that we can return the card to you. tach this card to the back of the mallpiece. on the front jf space permits. ,. Article Addressed to: A. Signature x .{) VZO?fJ DAgen! o Addressee ~. Date of Detlvery ~ 8""a~d.- t'J, S-u",if.<4-R~ 9;;z.3 /1 ~,v ~/J'UUL l&/I~~ peG /70'1-3 3. Service Type ~rtilled Mail D Express Mall o Registered 0 Retum Receipt for Merchandise o Insured Marl 0 C.O.D. 4. Restrleted 0eItvery7 (Extra Fee) Yes 2. Ar::1e Number (/N'fer from so"""" . PS fl'rn 3811, February 2004 7004 0750 0004 1090 6674 Domes.tic Return Receipt 10.259S-QZ-M-1540 ~ EXHIBIT" A" RETURN RECEIPT CARD -, 'r-::. ,--;;:.> ;;""'1 ;2:"'(,,!, :PC: :z :< U., --": () ", :=l "Cd "..., " IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA KIM D. JOHNS, Plaintiff NO. 05-2214 v. CIVIL ACTION - LAW THOMAS T. JOHNS, DIVORCE Defendant ACCEPTANCE OF SERVICE I, Thomas T, Johns, the Defendant in the above captioned action, hereby accept service of the Complaint duly endorsed with a Notice to Plead, which Endorsed Complaint was filed in the above captioned matter on April 29, 2005. Dol. o'ljI!J!/"'/ :1i~~ TOMAS T. JOHN 60 Hoover Road Carlisle, PA 17013 ,-, .-> ',-;:-"' ,;j\ () ::'-'lI .-\ -- d (, ....~~ (, c~,> IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NANCY L. SINGISER, Plaintiff NO, 05-2144 v. CIVIL ACTION - LAW BRADFORD D. SINGISER, Defendant DIVORCE MARITAL AGREEMENT BETWEEN BRADFORD D. SINGISER AND NANCY L. SINGISER TABLE OF CONTENTS INTRODUCTION................................................................ 1 SECTION I General Provisions............................................................. 1 SECTION II Distribution of Property and Debts........................................... 6 SECTION III Counsel Fees, Support, and Alimony......................................... 11 SECTION IV Closing Provisions and Execution............................................ 11 NOTARy.......................................................................... 13 INTRODUCTION THIS AGREEMENT made this (/) ivaay of 005, by and between NANCY L. SINGISER, ("Wife") of 502 Miller Avenue, echanicsburg, Pennsylvania, and BRADFORD D. SINGISER, ("Husband") of 923A Bosler Avenue, Lemoyne, Pennsylvania. WITNESETH: WHEREAS, the parties hereto are husband and wife, having been married on September 8, 1984 in Mechanicsburg, Cumberland County, Pennsylvania, and were separated on November 16, 2003, WHEREAS, The parties are the parents of two children: Jenna Singiser, born January 24, 1988, and Nicole Singiser born September 24, 1992, the "Children". 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 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 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, 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 Wife's attorney their respective Affidavits of Consent and Waivers of Notice. Within five (5) business days of receipt of those signed Affidavits and Waivers, Wife's attorney will file all the remaining documents necessary to secure the entry of the Divorce Decree at Wife's 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. 1.05. VOLUNTARY EXECUTION AND FAIRNESS OF AGREEMENT. Each party acknowledges that this Agreement has been entered into of his or her own volition, with full knowledge of the facts and full disclosure of their separate and joint estates, and that each believes this Agreement to be reasonable under the circumstances. Further, Husband acknowledges that he has been advised of his right to be advised by an attorney of his own choosing prior to entering into this Agreement and that he voluntarily has decided not to retain such counsel, and - 2 - further acknowledges that he accepts said Agreement and that said acceptance is not based on any advice or representation made by Wife's counsel, Diane G. Radcliff, Esquire, nor has any such advice and/or representation been given to Husband by said counsel. 1.06. FINANCIAL DISCLOSURE. The parties confirm that each has relied on the substantial accuracy of the financial disclosure of the other as an inducement to the execution of this Agreement, and each party acknowledges that there has been a full and fair disclosure of the parties' marital assets and debts and the parties' respective incomes, which has been provided to each party. 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, 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 Allainst Prooertv or Estate: Any and all right, title, interest and/or - 3 - 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 Ril!hts: 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 Exceotion: 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. 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. 1.11. 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. -4- 1.12. 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. 1.13. 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. 1.14. BREACH. 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. If for any reason the breaching party thereafter fails to cure or fails to preform his or her obligations owed to or for the benefit of the other party and/ or otherwise continues to breach 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. Damages: 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 Attornevs 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 - 5- to be enforced by the non-breaching party. 1.15. 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 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 arising out of such joint filing, each will be responsible for payment of half of such tax and any interest, penalty or other expense arising therefrom and shall indemnify and hold harmless the other from and against any loss or liability as a result thereof. 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. 1.16. 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 this Agreement to be null and void. SECTION \I 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 - 6 - parties that this Agreement is a full, final, complete and equitable property division. 2.02. DISTRIBUTION OF PROPERTY AND DEBTS TO WIFE. The following marital assets and debts are and shall be distributed to wife as her sole and separate property and/or as her sole and separate liability and obligation: A. Wife's Personal Prooerty: All items of personal property in the possession of Wife, not otherwise distributed herein. B. Wife's Vehicle(s)and Vehicle Loan(s): The 1993 Ford Taurus, or the sale proceeds from the sale or trade in value thereof, and any vehicle loans for the purchase of said vehicle. C. Wife's Accounts: The joint Member's First account, Wife's Member's First Savings account, Wife's Member's First checking account and any accounts held in Wife's sole name. D. Wife's Investments: None. E. Wife's Life Insurance: None. F. Wife's Retirement Plans: Wife's Principal Life 401K Plan. G. Real Estate: The jointly owned real estate known and numbered as 502 Miller Avenue, Mechanicsburg, Pennsylvania, ("the Real Estate"), encumbered with a mortgage owed to Member's First, ("the Mortgage"), subject to the following: 1. Conveyance: Husband shall make, execute and deliver all documents in the usual form conveying, transferring and granting to Wife all of Husband's right, title and interest in and to the Real Estate, The deed of conveyance therefor shall be executed by Husband at the signing of this Agreement and held in escrow by Wife's attorney pending the refinance set forth below, at which time the deed shall be delivered to Wife for recording, 2. Liens. Encumbrances and Exoenses: The said conveyance shall be subject to all liens and encumbrances, covenants, and restrictions of - 7 - record including, but not limited to, the lien of the Mortgage, real estate taxes and any other municipal liens. Wife shall hereinafter be solely responsible for the payment of the Mortgage, real estate taxes, other municipal liens and any and all other expenses associated with the Real Estate, whether incurred in the past, present or future, and shall indemnify, protect and save Husband harmless therefrom. 3. Refinance: Within sixty (60) days of the date of this Agreement, Wife shall apply for refinancing or assumption of the Mortgage so as to release Husband from further liability thereunder. The costs of refinancing shall be paid by Wife, If Wife does not obtain that refinancing or mortgage assumption, then she will apply for such refinancing or assumption every two (2) years thereafter until she secures a refinancing or assumption of the Mortgage into her sole name. H. Wife's Debts: Wife shall be solely liable for and shall timely pay the following debts: 1. Any debts or liabilities incurred in her individual name. 2. The Member's 1st PSL Loan. 3. Wife previously paid her half share of the joint Visa account. 2.03. DISTRIBUTION OF PROPERTY AND DEBTS TO HUSBAND. The following marital assets and debts are and shall be distributed to Husband as his sole and separate property and/or as his sole and separate liability and obligation: A. Husband's Personal Prooertv: All items of personal property in the possession of Husband, not otherwise distributed herein. B. Husband's Vehicle(s)and Vehicle Loan(s): The 1996 Ford F150, or the sale proceeds from the sale or trade in value thereof, and any vehicle loans for the purchase of said vehicles. C. Husband's Accounts: None. - 8 - D. Husband's Investments: None. E. Husband's Life Insurance: None. F. Husband's Retirement Plans: Husband's TIAA CREF retirement plan. G. Husband's Debts: Husband shall be solely liable for and shall timely pay the following debts: 1. Any debts or liabilities incurred in his individual name. 2. Husband previously paid his half share of the joint Visa account. 2.04. MISCELLANEOUS DISTRIBUTION PROVISIONS: The following miscellaneous provision shall apply to the distribution of the parties' marital assets and debts: A. Final Equitable Distribution of Property: The division and distribution 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. 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. - 9 - D. Waiver. Each of the parties specifically waives, releases, renounces and forever abandons whatever right, title and interest they may have in any property that is to become the sole and separate property of the other party pursuant to the terms of this Agreement. E. Liens: In the event any asset is subject to a lien or encumbrance the party receiving the asset as his or her property shall take it subject to said lien and/or encumbrance and shall be solely responsible and liable therefor. F. Debt Balances and Prior Pavments: 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, G. 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. H. 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. I. Non-Disclosed Liabilitv: 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. J. 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. - 10- 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 AND ALIMONY 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, 3.03. CUSTODY. The parties have worked out their custody issues outside of this Agreement, and no provision for custody has been included herein, 3.04. CHILD SUPPORT. The parties have worked out the issues of child support outside of this Agreement, and no provision for child support has been included herein. 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. - 11 - 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 constitute an original. WITNESS: ~()-~ (SEAL) BRADFORD D. SINGISER Date: q - 5 ~o 5"' '110M~i~ NANCY L. SINGISER Date: q r 10 -oC; - 12 - () -,~:~ ~-'i" ~: '" f;;~ --::",-- ;[ (, ..>-c.~; =< "-> = = <.n en f"T1 -0 ,,) N o " ..... :r ITJ fJJ -o'JI ::00 C.~) ~l.. : ,:1 ~T~ gf~ d:~ :< """ ::?: C'J u; ^- 1.\""~f'~UAL ~, \J:i\i~<;;mJoil IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NANCY L. SINGISER, Plaintiff V. BRADFORD D. SINGISER) Derendant NO. 05-2144 CIVIL TERM CIVIL ACTION - LAW IN DIVORCE AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under Section 3301 (c) of the Divorce Code was filed on April 25, 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:-9 -f -{)'S , Ct-n . ~~~SER ~ I:' 1"'.,' Z:~; C) c..n ,1 (f) r"o""; -;., -1 f:F; ,-.~ (.,) {..'''/ ^- ~""""',,:,.~t, IlLlI ~;'~~~~-;,,:' --~,!::~'l IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NANCY L. SINGISER, Plaintiff V. BRADFORD D. SINGISER) Derendant NO. 05-2144 CIVIL TERM CIVIL ACTION - LAW IN DIVORCE WAIVER OF ~UEST S~~-nm(0 ~ 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: q -1 -00 1l~ ~,5~7~ NANCY L. 5 G1 ER t~,) C::-;;:. c_:...' c...n c) -n c') .....,.... c<: -:. c,.} IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NANCY L. SINGISER, Plaintiff V. BRADFORD D. SINGISER) Derendant NO. 05-2144 CIVIL TERM CIVIL ACTION - LAW IN DIVORCE AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under Section 3301 (c) of the Divorce Code was filed on April 25, 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-/G -oS- B~~INgS~ o ~ "',,, ....Ol:C rill;': ~i" ~;'F) 5c~ z =< ,..., = = c.n (/) ,"1 -0 N N 9n -t ff,~ :giJJ 26 :-I':~{ Uo 2m o 'j;! ":0 '< :t'" :::I: o &" IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NANCY L. SINGISER, Plaintiff V. BRADFORD D. SINGISER) Derendant NO. 05-2144 CIVIL TERM CIVIL ACTION - LAW IN DIVORCE WAIV~ytt:,O~UEST SECTION 3301(9 oF'lRFUlVORCE 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. 54904 relating to unsworn falsification to authorities. Dated: 9 - ICe -os i!J~ o. _~ BRADFORD D. SINGISER (') c ~-s,.. vrl Q)(:" 6;(- ~' '7:.'F~ )>c~!.. z ::2 ..., = = <:.n C/) r'1 " N N ;r.. ::!l: o .,., 3:_ rn-!.J r- :89 ~~6 ..,... -r; ~-;-, ,: (') 6m -oj 5J -< o .s:- IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NANCY L. SINGISER, Plaintiff NO. 05-2144 v. CIVIL ACTION. LAW DIVORCE BRADFORD D. SINGISER, Defendant PRAECIPE OF 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 3301 (c) of the Divorce Code, 2. DATE OF FILING AND MANNER OF SERVICE OF THE COMPLAINT: a. Date of filin~ of Complaint: April 25, 2005 b. Manner of service of Complaint: Certified Mail/Restricted Delivery c. Date of Service of Complaint: May 7, 2005 3. DATE OF EXECUTION OF THE AFFIDAVIT OF CONSENT REQUIRED BY SECTION 3301 (e) OF THE DIVORCE CODE: a. Plaintiff: September 8, 2005 b. Defendant: September 16, 2005 OR DATE OF EXECUTION OF THE PLAINTIFF'S AFFIDAVIT REQUIRED BY SECTION 3301 (D) OF THE DIVORCE CODE AND DATE OF SERVICE OF THE PLAINTIFF'S 3301 (D) AFFIDAVIT UPON THE DEFENDANT: a. Date of Execution: N/ A b. Date of Filin~: N/ A c. Date of Service: N/ A 4. RELATED CLAIMS PENDING: No issues are pending. All issues have been resolved pursuant to the parties' Marital Agreement dated September 6, 2005, which Agreement is to be incorporated into but not merged with the Divorce Decree, 5. DATE AND MANNER OF SERVICE OF THE NOTICE OF INTENTION TO FILE PRAECIPE TO TRANSMIT RECORD, A COPY OF WHICH IS ATTACHED, IF THE DECREE IS TO BE ENTERED UNDER SECTION 3301(0)(1)(1) OF THE DIVORCE CODE: a. Date of Service: N/ A b. Manner of Service: N/ A OR DATE WAIVER OF NOTICE IN SECTION 3301 (e) DIVORCE WAS FILED WITH THE PROTHONOTARY: a. Plaintiff's Waiver: September 13, 2005 b. Defendant's Waiver: September 22, 2005 ( <Jr:: no,; '7. -::-;., try -< G ~.i~'., )>~;; L:i =< o c ~""'~ -;:-,. ,...., = = "" </> r"1 -0 N N ~ :t-n 1"11.- -c,rQ :f~Y '---:C) :::::J ::r~ 1_ " ~~C;) ....-111 S '~ 'D '< ;po ::r: - .. o U'I ~. . ~ ~ . . . ~ . ~ . ~ ~ . . . ~ . ~ . . . . . ~ . ~ . . . ~ ~ ~ . ~ ~ ~ . . . . . . . . ~ . ~ . . . . . . . ~ . ~ ~ ~ ~ . . . ~ . . . . . . . . ~ . ~ . . . . . . . . . . . . '+':+:+:'+';1; 'f. 'f. 'f.'f. 'f.'f.'f.'f.'f.'f.'f.'f. :of. 'f.'f.'f.'f.'f.'f. 'f.'f.'f.'f.'f.'f.++=++:+:+++++ :+: +++++++++++++++~ . . . . . . . . . . . . . . . . . + + + + . + + + + + . + + . + + + + + + + + + + + + + + . . + + . + + + + + + + . + + + + + . . + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + . '1':+:+:+::+:'+ +'f.+'f+'f'+'+'+:+:++~++++'i'+T.++'t++.++ . ++ + IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY STATE OF NANCY L. SINGISER, Plaintiff No. NO. VERSUS BRADFORD D. SINGISER, Defendant DECREE IN DIVORCE AND NOW, ~..\R-t.... L" J"' 2-1} DECREED THAT NANCY L. SINGISER AND BRADFORD D. SINGISER ARE DIVORCED FROM THE BONDS OF MATRIMONY. PENNA. 05-2144 CIVIL TERM THE COURT RETAINS JURISDICTION OF THE FOl_LOWING CLAIMS WHICH HAVE 2005 , IT IS ORDERED AND , PLAINTIFF, , DEFENDANT, YET BEEN ENTERED; BEEN RAISED OF RECORD IN THIS ACTION FOR WHICH A FINAL ORDER HAS NOT No issues are outstanding. All issues have been resolved and settled by the Parties' Marital Agreement dated September 6, 2005, filed of record and incorporated into, but not merged with, this Decree. By THE COURT: 4; ~ oLI ATTEST' u (J~- ..-- r { ';':-"h.-.-''''' /~... / ... .. .. " . ,--.; .-, '."" ".\.-. .. '~ 'V- - " , , " . 1100..... .~. .... . .... ...- "'/ . -- ,,' ,;"h"-, .-.,;. ..., ~ ;:.., \.... \,..: ................'w: + + '00'000'00'0'00'00 :+:+:+::+:'" :+:++:+:++:+:+'+'+'++'1' . PROTHONOTARY J. _~ ? ~ r~ 5?l8e'j ~!w $ ~ ~ .J"'? 5"K~ .. '.' , .,.J." . .'