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HomeMy WebLinkAbout05-2276DOROTHY STRINE, Plaintiff v MICHAEL STRINE, Defendant IN THE COURT OF COMMON CUMBERLAND COUNTY, PA NO. OS dCIVIL TERM CIVIL ACTION - LAW IN DIVORCE NOTICE TO DEFEND AND CLAIM RIGHTS YOU HAVE BEEN SUED IN COURT. If you wish to defend against the cla forth in the following pages, you must take prompt action. You are warned that if you 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 claim or relief requested in these papers by the Plaintiff. You may lose money or prope other rights important to you, including custody or visitation of your children. When the ground for divorce is indignities or irretrievable breakdown of the n you may request marriage counseling. A list of marriage counselors is available in the of the Prothonotary, Cumberland County Courthouse, One Courthouse Square, Car Pennsylvania 17013. IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY, LAWYERS'S FEES OR EXPENSES BEFORE A DIVORCE OR ANNULMENT IS GRANTED, YOU MAY LOSE THE RIGHT TO CLAIM ANY 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 YO CAN GET LEGAL HELP. CUMBERLAND COUNTYBAR ASSOCIATION set to or 32 SOUTHBEDFORD CARLISLE, PA 17013 (717 249-3166 OR (800990-9108 DOROTHY STRINE, Plaintiff V. MICHAEL STRINE, Defendant IN THE COURT OF COMMON CUMBERLAND COUNTY, PA NO. 05' -22 _7PCIVIL TERM CIVIL ACTION - LAW IN DIVORCE COMPLAINT 1. Plaintiff is Dorothy Strine, who currently resides at 167 Ken-Lin Drive, Carlisle, Cumberland County, Pennsylvania 17013. 2. Defendant is Michael Strine, who currently resides at 751 Pennsylvania Avenue, Lemoyne, Cumberland County, Pennsylvania 17043. 3. The Plaintiff and Defendant have been bona fide residents in the Commonwealth for at least six (6) months immediately previous to the filing of this Complaint. 4. The Plaintiff and Defendant were married on June 21, 1986, at County, Pennsylvania. COUNT I - DIVORCE 5. Paragraphs 1 through 4 of this Complaint are incorporated herein by as though set forth in full. 6. There have been no prior actions of divorce or for annulment between parties. Divorce is sought pursuant to the provisions of the Divorce Code, 5 and 3301(d), in that: a. The marriage is irretrievably broken. b. Plaintiff and Defendant have lived separate and apart since April 1 2005, and continue to do so. 8. Plaintiff has been advised that counseling is available and that Plaintiff have the right to request that the court require the parties to participate in such 9. The Plaintiff in this action is not a member of the Armed forces. WHEREFORE, the Plaintiff requests the Court to enter a decree of Divorce. COUNT II - EQUITABLE DISTRIBUTION 10. Paragraphs 1 through 9 of this Complaint are incorporated herein by as though set forth in full. 11. Plaintiff and Defendant have acquired property, both real and personal, their marriage from June 21, 1986, until April 13, 2005, the date of their separation, property is "marital property". 12. Plaintiff and Defendant may have owned, prior to marriage, property has increased in value during the marriage and/or which has been exchanged for other property, which has increased in value during the marriage, all of which property is property". 13. Plaintiff and Defendant have been unable to agree as to an equitable of said property prior to the filing of this Complaint. WHEREFORE, the Plaintiff requests this Honorable Court to equitably divide all property. COUNT III - ALIMONY PENDENTE LITE AND ALIMONY 14. Paragraphs 1 through 13 of this Complaint are incorporated herein by reference as though set forth in full. 15. Plaintiff lacks sufficient property to provide for her reasonable means and i unable to support herself through appropriate employment. 16. Plaintiff requires reasonable support to maintain herself adequately in accordance with the standard of living established during the marriage. WHEREFORE, Plaintiff requests this Honorable Court to enter an award of pendente lite until final hearing and thereafter to enter an award for alimony. COUNT IV - COUNSEL FEES AND COSTS 17. Paragraphs 1 through 16 of this Complaint are incorporated herein by reference as though set forth in full. 18. Plaintiff has retained the law offices of ABOM & KUTULAKIS, L.L.P., but is unable to pay the necessary and reasonable attorney's fees for said counsel. 19. Plaintiff may need to hire experts to appraise the marital property but she lacks funds to pay the necessary and reasonable fees. WHEREFORE, Plaintiff requests this Honorable Court to enter an award of counsel fees, costs and expenses and to order such additional sums hereafter as may be necessary and appropriate, and at final hearing to award such additional counsel fees, expenses as are deemed necessary and appropriate. DATE (/ Respectfully submitted, ABOM & KUTULAxis, L.L.P. Carlisle, PA 17013 (717) 249-0900 Attorney for Plaintiff ID No. 86914 I t/ I,/ Kara W. Haggerty, Esgd e 36 South Hanover Street" VERIFICATION I, Dorothy Strine, verify that the statements made in this Divorce Complaint are correct to the best of my knowledge, information, and belief. I understand that false and herein are made subject to the penalties of 18 Pa.C.S. g 4904 relating to unsworn falsiflcatton to authorities. Date ????? CS, ? -3 IV ?J" Gam;; ,?tt r C+ - C[ rl co DOROTHY STRINE, Plaintiff V. MICHAEL STRINE, Defendant IN THE COURT OF COMMON . CUMBERLAND COUNTY, PA NO. CIVIL TERM CIVIL ACTION - LAW IN DIVORCE PETITION TO PREVENT DISPOSITION OF MARITAL PROPERTY Petitioner, Dorothy Strine, by and through her attorney, Kara W. Haggerty, of Abom & Kutulakis, LLP, files this Petition to Prevent Disposition of Marital Property,land avers as follows: 1. That petitioner is Dorothy Strine, an individual residing at 167 Ken-Lin Drive, Carlisle, Cumberland County, Pennsylvania 17013 2. That respondent is Michael Strine, an individual residing at 751 Pennsylvania Avenue, Lemoyne, Cumberland County, Pennsylvania 17043. 3. That a divorce complaint was filed by plaintiff-petitioner on May 3, 2005, on grounds of 3301(c) and 3301(d). 4. Petitioner and Respondent are owners of certain items of real and personal property, to include the North Mountain Inn, 3636 Waggner's Gap Road, Car Cumberland County, Pennsylvania, which is marital property. 6. Said property is valued at the sum in excess of $265,000. 7. Petitioner has reason to believe that respondent will sell the property without knowledge as she is not on the Deed. 8. By attempting to sell said real or personal property, Respondent is wrongfully, intentionally, and maliciously preventing the Petitioner from exercising her and ownership interest in said property in order to defeat the equitable of marital property or similar award. 9. The sale and/or removal and concealment of said property is to Petitioner's detriment. 10. Petitioner has no adequate remedy at law. 11. Immediate and irreparable harm may be caused by Respondent's conduct, defeating Petitioner's claims of equitable distribution or similar award. WHEREFORE, petitioner-plaintiff requests This Honorable Court to grant relief as follows: a. that an injunction be issued preliminarily and until hearing, and finally enjoining Respondent from disposing, transferring, encumbering, concealing, selling, removing or alienating any real or personal property; b. that This Honorable Court issue an order requiring an accounting of all items real and personal property, and that judgment be given to Petitioner against Respondent for monies or property due Petitioner as shown by said accoun and that no further removal of real or personal property take place without further order of court; c. that all personal property belonging to and being the sole property of is be delivered to Petitioner; d. that Petitioner be granted sole and exclusive possession of the marital e. that This Honorable Court award attorney's fees, costs and expenses bringing this action; and f. such other relief as This Honorable Court may deem appropriate. Respectfully submitted, ABOM & KuTuLArcts, L.L.P DATE 'NQ .l r( L'l Kara W. Haggerty, Esqu 36 South Hanover Str Carlisle, Pennsylvania 17013 (717) 249-0900 Attorney for Petitioner/Plaintiff ID #86914 n N a r ? _? _ T -n t'nr. ,,.`- ?;.? .. C ?'t :. ? C: .. '`cd ..c ? ,ti ',=E FIVFD MAY 052005 DOROTHY STRINE, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PA V. NO. 0 5 CIVIL TERM MICHAEL STRINE, CIVIL ACTION - LAW Defendant . IN DIVORCE ORDER OF COURT AND NOW, this I_ 4- --day ofy ?, 2005, upon consideration of the attached Petition, the Plaintiff and Defendant are hereby enjoined from transferring, encumbering, concealing, selling, removing, disposing, or alienating any real and personal property owned by them, individually, in any form of co-ownership, or in any other person's or entity's name until further Order of this Court4,(JL ??4 Jai IN THF? i TERNATIVE, a.hearing on said Petition is-sc4teduled for the - _? __-... -2805 ?r - .m tn?oltrtroattr?fe:- o€theCumberland County -- you-Mouse, a-rsle,-l?-ennsylvania. Distribution: Xichael Strine, Defendant X51 Pennsylvania Avenue Lemoyne, PA 17043 V Xara W. Haggerty, Esq. Abom & Kutulakis, LLP 36 S. Hanover Street Carlisle, PA 17013 BY THE COURT: I C C5 -a? -05 I- LfI IY: 7' 1 ? 1 ?) LJ CV ?? DOROTHY STRINE, . IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PA V. NO. 05-2276 CIVIL TERM MICHAEL STRINE, CIVIL ACTION - LAW Defendant IN DIVORCE AFFIDAVIT OF SERVICE I, Kara W. Haggerty, hereby certify that I did serve a true and correct copy of the Complaint under Section 3301(c) of the Divorce Code, upon the Defendant, by depositing, or causing to be deposited, same in the U.S. mail, certified, restricted delivery, postage prepaid, on May 3, 2005, at Carlisle, Pennsylvania, addressed as follows: Michael Strine 751 Pennsylvania Avenue Lemoyne, PA 17043 Return card acknowledging receipt on May 4, 2005, is attached as Exhibit "A". ABOM 1r KuzuLAKrs, LLP Date: Kara W. Haggerty, s re 36 South Hanover St \ Carlisle, PA 17013 (717)249-0900 Attorney for Plaintiff I.D. No: 86914 ¦ 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: Arno-?-n.? ?R 170 ?3 A- Signature 0 Agent ? Addre B. Received by (Printed Name) C. D e o Delivery D. Is delivery address different from item 19 0 Yes If YES, enter delivery address below: 0 No 3. Service Type 0 Certified Mail 0 Express Mail 0 Registered UI <ettum Receipt for Merchandise 0 Insured Mail 0 C.O.D. 4. Restricted Delivery? (Extra Fee) Gk7 Y6s 2. Article Number 7003 3110 0004 5769 8204 (Transfer from service /al PS Form 3811, February 2004 Domestic Return Receipt 102595-02-M-1540 EXHIBIT "A" DOROTHY STRINE, Plaintiff V. MICHAEL STRINE, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA NO. 05-2276 CIVIL TERM CIVIL ACTION - LAW IN DIVORCE MOTION FOR APPOINTMENT OF MASTER Dorothy Strine, Plaintiff, moves the Court to appoint a Master with respect to the following claims: [ x ] Divorce [ ] Annulment [ ] Alimony [ ] Alimony Pendente Lite [ x ] Distribution of Property [ ] Support [ ] Counsel Fees [ ] Costs and Expenses and in support of the Motion the Defendant states: 1. Discovery is complete as to the claim(s) for which the appointment of a Master is requested. 2. The Defendant has appeared in the action without an attorney and is representing himself pro se. 3. The statutory ground(s) for the divorce are: 3301(c) and 3301(d). 4. Delete the inapplicable paragraphs: a. The action is contested with respect to the following claims: Divorce & Distribution of property 5. The action does not involve complex issues of law or fact. 6. The hearing is expected to take one day. 7. Additional information, if any, relevan to the motions: No e Master with respect to the following claims: DATE It 1,2110 CP - Michelle L. So er Attorney for Plaintiff AND NOW, 2006, Esquire, is appointed BY THE COURT, % Wk. DOROTHY STRINE, Plaintiff V. MICHAEL STRINE, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA NO. 05-2276 CIVIL TERM CIVIL ACTION - LAW IN DIVORCE CERTIFICATE OF SERVICE AND NOW, this 2 day of P,( 2006 I, Michelle L. Sommer, Esquire, of Abom & Kutulakis, L.L.P, hereby certify that I did serve a true and correct copy of the foregoing Motion for Appointment of Master upon the Defendant by depositing, or causing to be deposited, same in the United States Mail, Certified Mail, postage prepaid addressed to the following: Michael Strine 10 Garland Court Carlisle, Pennsylvania 170D Respectfully submitted, bozKutu la kis, LLP Michelle e L. Somme squire TI --!: CD t DOROTHY STRIKE, Plaintiff V. MICHAEL STRINE, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA NO. 05-2276 CIVIL TERM CIVIL ACTION - LAW IN DIVORCE PRAECIPE TO ENTER APPEARANCE Please enter the appearance of the undersigned as counsel for the Plaintiff, Dorothy Strine, in the above-captioned matter. DATE Respectfully submitted, ABom & Kv Lmas, LLP Michelle L. Sommer, quire 36 S. Hanover Street Carlisle, PA 17013 (717) 249-0900 ID No. 93034 n rv i i . ` 1 HAROLD S. IRWIN, 111, ESQ. ATTORNEY ID NO. 29920 64 SOUTH PITT STREET CARLISLE PA 17013 (717) 243-6090 ATTORNEY FOR DEFENDANT DOROTHY STRINE, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW V. NO. 2005 - 2276 CIVIL TERM MICHAEL STRINE, Defendant : IN DIVORCE PRAECIPE TO THE PROTHONOTARY: Please enter my appearance for the defendant, Michael Strine, in the this matter. IRWIN LAW OFFICE May 14, 2007 HAROLD S. IRWIN, I I, ESQ. Attorney ID No. 2992 64 South Pitt Street Carlisle, PA 17013 (717) 243-6090 Attorney ID No. 29920 r-? ?fl ? ? ? ?: ? ?? < ,,,. - ? r- -? "y {' =- ?z,a ?Y .?1 (1?`?? DOROTHY STRINE, Plaintiff V. MICHAEL STRINE, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA NO. 05-2276 CIVIL TERM CIVIL ACTION - LAW IN DIVORCE AFFIDAVIT OF CONSENT 1. A Complaint in divorce under §3301(c) of the Divorce Code was filed on May 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. 4. 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. Date: 1 J / DO OTHY RI E C? --rte-, ?Y Ind ? -'}tom i.~j . DOROTHY STRINE, Plaintiff V. MICHAEL STRINE, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA NO. 05-2276 CIVIL TERM CIVIL ACTION - LAW IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER §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 sub)ect to the penalties of 18 Pa. C.S. §4904 relating to unsworn falsification to authorities. Date: 3-? D OTHY fTeNy- C cz? -r7 7-11 "TJ DOROTHY STRINE, : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PA V. NO. 05-2276 CIVIL TERM MICHAEL STRINE, CIVIL ACTION - LAW Defendant IN DIVORCE AFFIDAVIT OF CONSENT 5. A Complaint in divorce under §3301(c) of the Divorce Code was filed on May 3, 2005. 6. 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. 7. I consent to the entry of a final decree of divorce after service of notice of intention to request entry of the decree. 8. 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. Date: (1/c AV r MICHAEL STRINE ?? ?? C"+ ? ,-a .?;_--rt \5 °..) x, "t..? __ _ ? `<?? ? r l,?l? .$ r??.. ?..;, ? y ??. ..? r' ..? .-^' DOROTHY STRINE, Plaintiff V. MICHAEL STRINE, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA NO. 05-2276 CIVIL TERM CIVIL ACTION - LAW IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER §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 of 18 Pa. C.S. §4904 relating to unsworn falsification to authorities. Date: n o L 9 2v? ?? MICHA L STRINE rrz DOROTHY STRINE, Plaintiff V. MICHAEL STRINE, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA NO. 05-2276 CIVIL TERM CIVIL ACTION - LAW IN DIVORCE MARITAL SETTLEMENT AGREEMENT THIS AGREEMENT, made this 9?h day of August 2007, between DOROTHY STRINE, (hereinafter referred to as 'WIFE', and MICHAEL STRINE, (hereinafter referred to as "HUSBAND'. WITNESSETH: WHEREAS, Husband and Wife were lawfully married on June 21, 1986, in Cumberland County, Pennsylvania; WHEREAS, three (3) children were born of this marriage: Elizabeth Strine, born May 4, 1987, who died one day after birth at Harrisburg Hospital; Amanda Strine, born November 23, 1988, and Anthony Strine, born September 14, 1990; WHEREAS, disputes and difficulties have arisen between the parties, and it is the present intention of Husband and Wife to live separate and apart, and the parties hereto are desirous offsetting 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 past, present, and future support and/or maintenance of Wife by Husband or Husband by Wife; the settling of all matters between them relating to the equitable division of martial property; and, in general, the settling of any and all claims and possible claims by one against the other or against their respective estates; and WHEREAS, Husband and Wife declare that each has had a full and fair opportunity to obtain independent legal advice of counsel of his or her selection; that Wife has been represented by Michelle L. Sommer, Esquire, of Abom & Kutulakis, L.L.P., and that Husband has been represented by Hal Irwin, III, Esquire, of Irwin Law Offices. The parties represent and warrant that they have fully disclosed to each other all assets of any nature owned by each, all debts or obligations for which the other party may be liable in whole or part, and all sources and amounts of income. The parties acknowledge that they fully understand the facts, and they acknowledge 1 and accept that this Agreement is, under the circumstances, fair and equitable, and that it is being entered into freely and voluntarily, 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 improper or illegal agreement or agreements. 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, Husband and Wife, each intending to be legally bound hereby, covenant and agree as follows: 1. PERSONAL RIGHTS. It shall be lawful for each Husband and Wife 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 parties shall be free from any control, restraint, interference or authority, direct or indirect, by the other in all respects as fully as if they were unmarried, except as may be necessary to carry out the provisions of this Agreement. Husband and Wife shall not molest, harass, disturb or malign each other or the respective families of each other nor compel or attempt to compel the other to cohabit or dwell by any means in any manner whatsoever with him or her. 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. MUTUAL RELEASE. Husband and Wife each do hereby mutually remise, release, quitclaim and forever discharge the other, for all time to come, and for all purposes whatsoever, of and from any and all rights, titles and interests, or claims in or against the property (including income and gains from property hereinafter 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, the estate of such other or any part thereof, whether arising out of any former act, 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, family exception or similar allowance, or under the interest 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 law of Pennsylvania, any state, commonwealth or territory of the United States, or any other country, or the right to act as personal representative of the estate of the other; or any rights which any party may now have or any time hereafter have for past, present, future support, maintenance, alimony, alimony pendente lite, counsel fees, costs or expenses, whether arising as a result of the martial relation or otherwise; except all rights 2 and agreements and obligations of whatsoever nature arising or which may arise under this Agreement or for breach of any provision hereof. It is the intention of Husband and Wife to give to each other, by the execution of the Agreement, a full, complete and general release with respect to any and all property of any kind or nature, real, personal or mixed, which the other now owns or may hereafter acquire, except and only except all rights and agreements and obligations of whatsoever nature arising or which may arise under this Agreement or for the breach of any provision hereof. It is further specifically understood and agreed by and between the parties hereto that each accepts the provisions herein made by the other in lieu of and in full settlement and satisfaction of any and all of their rights against the other or any past, present and future claims on account of support and maintenance; that it is specifically understood and agreed that the payments, transfers and other considerations herein recited so comprehend and discharge any and all such claims by each other against the other, and are, inter alia, in full settlement and satisfaction and in lieu of their past, present and future claims against the other in account of maintenance and support, and also alimony, alimony pendente lite, counsel fees, costs and expenses, as well as any and all claims to equitable distribution of property, both real and personal, and any other charge of any nature whatsoever pertaining to any divorce proceedings which may have been or may be instituted in any court in the Commonwealth of Pennsylvania or any other jurisdiction, including any other counsel arising in any manner whatsoever, except as may be incurred in connection with a breach of the Agreement as set forth hereinafter in paragraph 25. 3. RELEASE OF TESTAMENTARY CLAIMS. Except as provided for in this Agreement, each of the parties hereto shall have the right to dispose of his or her property by last will and testament or otherwise, and each of them agrees that the estate of the other, whether real, personal or mixed, shall be and belong to the person or persons who would have become entitled thereto as if the decedent had been the last to die. Except as set forth herein, this provision is intended to constitute a mutual waiver by the parties of any rights to take against each other's estate whatsoever, and is intended to confer third-party beneficiary rights upon the other heirs and beneficiaries of each. Either party may, however, make such provision for the other as he or she may desire in and by his or her last will and testament; and each of the parties further covenants and agrees that he or she will permit any will of the other to be probated and allowed administration; and that neither Husband nor Wife will claim against or contest the will and estate of the other except as necessary to enforce any breach by the decedent of any provision of this Agreement. Each 3 of the parties hereby releases, relinquishes and waives any and all rights to act as personal representative of the other party's estate. Each of the parties hereto further covenants and agrees for himself and herself and his or her heirs, executors, administrators or assigns, for the purpose of enforcing any of the right relinquished under this Agreement. 4. FINANCIAL DISCLOSURE. The parties waive their rights to require the filing of financial statements by the other, although the parties have been advised by their respective attorneys that it is their legal right to have these disclosures made prior to entering into this Agreement. Without reliance upon financial disclosure, the parties are forever waiving their right to request or use that as a basis to overturn this Agreement or any part thereof. 5. INCOME TAX CONSIDERATIONS. The transfers of property pursuant to this Agreement are transfers between Husband and Wife incident to their divorce and as such are nontaxable, with no gain or loss recognized. The transferee's basis in the property shall be the adjusted basis of the transferor immediately before the transfer. The transfers herein are an equal division of marital property for full and adequate consideration and as such will not result in any gift tax liability. 6. PENSION, PROFIT-SHARING, RETIREMENT, CREDIT UNION OR OTHER EMPLOYMENT-RELATED PLANS. The parties hereto expressly waive and relinquish any right, claim, title or interest in any pension, profit-sharing, retirement, credit union or other employment- related plans in which the other has any interest by virtue of his or her past or present employment, whether vested or unvested, matured or unmatured. 7. STRUCTURED SETTLEMENT ANNUITY. The parties hereto expressly agree that the Structured Settlement Annuity from Allstate, presently payable solely to Wife, shall remain the sole property of Wife, and Husband expressly waives and relinquishes any right, claim, title or interest in said annuity. 8. EQUITABLE DISTRIBUTION OF MARITAL PROPERTY. The parties have attempted to distribute their marital property in a manner which conforms to the criteria set forth in Section 3502 of the Pennsylvania Divorce Code and taking into account the following considerations: the length of marriage; the age, health, station, amount and sources of income, vocational skills, employability, estate, liabilities and needs of each of the parties; the contribution of each party to the education, training or increased earning power of the other parry; the opportunity of each party for further acquisitions of 4 capital assets and income; the sources of income of both parties, including but not limited to medical, retirement, insurance or other benefits; the contribution or dissipation of each party in the acquisition, preservation, depreciation or appreciation of the martial property, including the contribution of each spouse as a homemaker the value of the property set apart to each party; the standard of living of the parties established during the marriage; and the economic circumstances of each party at the time the division of the property is to become effective. The division of existing marital property is not intended by the parties to constitute in any way a sale or exchange of assets, and the division is being effected without the introduction of outside funds or other property not constituting martial property. The division of property under this Agreement shall be in full satisfaction of all marital rights of the parties. 9. MOTOR VEHICLES. The parties agree that Husband shall have full and sole possession of the 1995 Oldsmobile Cutlass, and Wife shall have and sole possession of the 1998 Chrysler Sebring. On or before the date of the execution of this Agreement, the parties shall execute the titles to the said vehicles, if appropriate, so as to effectuate the transfer as herein provided. Furthermore, each party shall become solely responsible for the financial obligation associated with the vehicle he or she is to retain pursuant to this Agreement and each parry agrees to indemnify and hold harmless the other party from any and all liability therefore. 10. DIVISION OF HOUSEHOLD AND PERSONAL PROPERTY. The parties hereto have divided between themselves, to their mutual satisfaction, all items of tangible and intangible marital property. Neither party shall make any claim to any such items of marital property, or of the separate person property of each party, which are now in the possession and/or under the control of the other. Should it become necessary, the parties each agree to sign, upon request, and titles or documents necessary to give effect to this paragraph. Property shall be deemed to be in the possession or under the control of either party if, in the case of tangible personal property, the item is physically in the possession or control of the party at the time of the signing of this Agreement and, in the case of intangible personal property, if any physical or written evidence of ownership, such as passbook, checkbook, policy or certificate of insurance or other similar writing is in the possession or control of the party. From and after the date of the signing of this Agreement, both parties shall have complete freedom of disposition as to their separate property and 5 any property which is in their possession or control, pursuant to this Agreement, and may mortgage, sell, grant, convey, or otherwise encumber or dispose of such property, whether real or personal, whether such property was acquired before, during, or after marriage, and neither Husband nor Wife need join in, consent to, or acknowledge any deed, mortgage, or other instrument of the other pertaining to such disposition of property. Wife acknowledges that there are items of personal property belonging to Husband and Husband's family members being stored in two garages located on the marital property. It is agreed by the parties that Husband shall remove all items of personal property belonging to him and his family from the marital residence no later than July 31, 2007. Husband shall make advance arrangements with Wife to enter the marital property in order to remove and retain his personal belongings. 11. REAL ESTATE. The parties acknowledge that they are the joint owners of the marital residence situate at 167 Ken-Lin Drive, Carlisle, Cumberland County, Pennsylvania. The parties agree that Wife shall become the sole owner of the marital residence. The parties acknowledge that the marital residence is currently encumbered with a 1" Mortgage held by Ocwen Loan Servicing and with a 2rid Mortgage held by Beneficial. Pursuant to the terms outlined in more detail in Paragraph 12, Wife shall be solely responsible for all future mortgage payments due and owing on the 1St Mortgage held by Ocwen Loan Servicing and Husband agrees to be solely responsible and hold Wife harmless for the obligation from the 2" d Mortgage held by Beneficial. Contemporaneously with the execution of this Agreement, Husband shall execute and deliver to Wife a Deed transferring sole and absolute ownership, right, title and interest in and to the said premises to Wife. Said Deed shall be held in escrow by Wife's attorney until the refinance of the marital home. Husband hereby releases and relinquishes any claim he may now or hereafter have to the said property. The parties acknowledge that Wife is unable to refinance the marital home until the 2nd Mortgage with Beneficial is paid in full. Wife agrees to begin the pre-approval process within fifteen (15) days from the receipt of the lump sum payment of $15,000.00 from Husband. Wife agrees to provide a commitment letter from an established lending institution within thirty (30) days of proof that the Beneficial Loan is paid in full. Wife agrees to close on the refinancing of the marital home within sixty (60) days of obtaining a commitment letter. G The parties acknowledge that Wife shall have the sole right to claim any available tax deductions associated with the said residence for any time subsequent to the date of execution of this Agreement. The parties acknowledge that they are the owners of the business named the North Mountain Inn situate at 3636 Wagonner's Gap Road, Carlisle, Cumberland County, Pennsylvania. The parties' acknowledge that the North Mountain Inn has been sold and the proceeds from that sale are being held in escrow. Wife hereby releases and relinquishes any claim she may now or hereafter have to the said property. 12. DEBTS. Husband represents and warrants to Wife that since the separation he has not, and in the future he will not contract or incur any debt or liability for which Wife or her estate might be responsible, and he shall indemnify and save Wife harmless from any and all claims or demands made against her by reason of such debt or obligation incurred by him since the date of said separation, except as otherwise set forth herein. Husband expressly agrees to be solely responsible for and hold Wife harmless from the following debts: a. Beneficial, a 2nd mortgage on the marital home with an outstanding balance of approximately $27,000.00; i. Husband expressly agrees that he will continue to make the required monthly payment of $358.00 to Beneficial in a good faith effort to cease the foreclosure process. ii. Husband expressly agrees that within thirty (30) days of receiving the money in escrow from the sale of the North Mountain Inn that he will pay in full the second mortgage held by Beneficial. b. Fred Baumgardner, a garage bill with an outstanding balance of $1,000.00; and i. Husband expressly agrees that within thirty (30) days of receiving the money in escrow from the sale of the North Mountain Inn that he will pay in full Mr. Baumgardner. c. Husband expressly agrees that within fifteen (15) days of receiving the money in escrow from the sale of the North Mountain Inn he will make a lump sum payment to Wife in the amount of $15,000.00. The lump sum payment is being made in consideration of the past sue amounts 7 owed to Ocwen Loan Servicing and the consolidation loan obtained by the parties through Debtscape, Inc. Wife represents and warrants to Husband that since the separation she has not, and in the future she will not, contract or incur any debt or liability for which Husband or his estate might be responsible, and she shall indemnify and save Husband harmless from any and all claims or demands made against his by reason of such debts or obligations incurred by her since the date of said separation, except as otherwise set forth herein. Wife expressly agrees to be solely responsible for and hold Husband harmless from the following debts: a. Debtscape, Inc., a debt consolidation obligation with an outstanding balance of approximately $11,600.00; b. Ocwen Loan Servicing, the primary 1St mortgage on the marital home, all mortgage payments in arrearages; as well as, and including any unpaid taxes due on the marital home. 13. CUSTODY OF CHILDREN. Three children were born of this marriage: Elizabeth Strine, born May 4, 1987; Amanda Strine, born November 23, 1988; and Anthony Strine, born September 14, 1990. Elizabeth died one day after birth at Harrisburg Hospital. The parties shall share legal custody of the said remaining children. The parties agree that the said children will remain in the primary physical custody of Wife, subject to Husband's rights of partial custody at such times as can be agreed to by the parties, and subject to the following conditions: a. For such period of time as the children remain in the primary physical custody of Wife, she shall be entitled to claim any appropriate dependency exemptions and child care expense credits for tax purposes. b. Telephone Contact. The parties agree that the children are to have liberal rights of telephone contact with the non-custodial parent, no matter who is exercising his or her right to physical custody. c. Medical Care/Treatment. Both Husband and Wife shall be immediately informed as to the medical care and treatment of the children. d. Relocation. Upon the knowledge of a pending relocation, temporary or permanent, of either parent, that parent must immediately inform the other of his or her new address and telephone number. 8 14. CHILD SUPPORT. Husband and Wife have reached an agreement as to support for their minor children. Husband will make a payment of $900 per month through June 2007 and the $500 per month through September 2008. If in the event, Husband does not make regular payments to Wife in that amount, Wife will pursue Child Support for the Children through the Domestic Relations Section of Cumberland County, and that agency will maintain control and jurisdiction over support in this matter. 15. DEATH OF EITHER PARTY. Both the Husband and Wife agree that upon either of their deaths they will provide for their minor children as said beneficiaries in their Last Will and Testament. 16. LIFE INSURANCE. Both the Husband and Wife agree that any life insurance policies in place upon the Effective Date of this Agreement shall designate as irrevocable beneficiaries the parties' Children, or if administratively required a trustee for the benefit of the parties' Children. 17. MEDICAL INSURANCE. Wife shall provide medical insurance for the children of the parties for such period of time as it is available to her without cost or with minimal cost through her employment. Husband shall continue to maintain and provide his own medical insurance coverage. In the event that Wife's medical insurance coverage is terminated or becomes unavailable without cost, Husband shall be responsible for payment of any cost necessary to continue maintenance of the coverage for the benefit of the children, or he shall be responsible to provide alternate medical insurance coverage equivalent to a standard Blue Cross and Blue Shield policy. The obligations set forth herein shall continue until such time as each child had graduated from college or has earlier terminated his/her education. The parties shall equally share all medical, dental, prescription, eye care, orthodontic and counseling expenses for the children which are not otherwise paid by medical insurance until each child has graduated from college or has earlier terminated his or her education. Husband shall reimburse Wife within fifteen (15) days for any unreimbursed expenses she incurs for the children. 18. POST-HIGH SCHOOL EDUCATION. The parties each acknowledge herein that it is their intent to contribute to the expenses associated with the college or other post-high school education for their children. Husband specifically agrees that he will contribute to any cost of future education of said minor children in excess of $10,000.00. Wife will make the initial $10,000.00 payment, and once that threshold has been met, Husband and Wife shall equally be responsible for all remaining expenses, 9 splitting the cost 50/50. Such expenses would include, without limitation, tuition, room and board, lab fees, miscellaneous student fees, books and student supplies, transportation expenses for summers and other school breaks, clothing and miscellaneous spending money; however, the provisions herein acknowledging the parties intent, shall not in any manner, confer third party beneficiary rights unto their children for the payment of said expenses. If applicable, both parents shall be involved in and have input into the choice of academic institutions selected by the children. 19. COUNSEL FEES AND COSTS. Husband and Wife each agree to pay and be responsible for their own attorney's fees and costs incurred with respect to the negotiation of this property settlement agreement and the divorce proceedings related thereto. 20 DIVORCE. A Complaint in divorce has been filed to No. 05-2276 in the Court of Common Pleas of Cumberland County, Pennsylvania, and either party shall be free to proceed without further delay to secure the divorce. Both parties shall sign an affidavit evidencing their consent to the divorce, pursuant to Section 3301(c) of the Divorce Code. In the event, for whatever reason, either party fails or refuses to execute such affidavit upon the other party's timely request, that party shall indemnify, defend and hold the other harmless from any and all additional expenses, including actual counsel fees, resulting from any action brought to compel the refusing party to consent. Each party hereby agrees that a legal or equitable action may be brought to compel him or her to execute a consent form and that, absent some breach of this Agreement by the proceeding party, there shall be no defense to such action asserted. 21. BANKRUPTCY. The parties further warrant that they have not heretofore instituted any proceedings pursuant to the bankruptcy laws nor are there any such proceedings pending with respect to them that have been initiated by others. It is stipulated and agreed by the parties that the terms of this Agreement as they resolve the economic issues between the parties incidental to their divorce and the obligations of the parties to each other resulting there from shall not be dischargeable in bankruptcy, should either party file for protection under the Bankruptcy Code at any time after the date of execution of this Agreement. 22. RECONCILIATION. Notwithstanding reconciliation between the parties, this agreement shall continue to remain in full force and effect absent a writing signed by the parties stating that this Agreement is null and void. 10 23. INCORPORATION IN FINAL DIVORCE DECREE. The terms of this Agreement shall be incorporated but shall not merge in the final divorce decree between the parties. The terms shall be incorporated into the final divorce decree for the purposes of enforcement only and any modification of the terms hereof shall be valid only if made in writing and signed by both of the parties. Any court having jurisdiction shall enforce the provision of this Agreement as if it were a Court Order. This Agreement shall survive in its entirety, resolving the spousal support, alimony, equitable distribution and other interests and rights of the parties under and pursuant to the Divorce Code of the Commonwealth of Pennsylvania, and no court asked to enforce or interpret this Agreement shall in any way change the terms of this Agreement. This Agreement may be enforced independently of any support order, divorce decree or judgment and its terms shall take precedence over same, remaining the primary obligation of each party. This Agreement shall remain in full force and effect regardless of any change in the marital status of the parties. It is warranted, covenanted and represented by Husband and Wife, each to the other, that this Agreement is lawful and enforceable, and this warranty, covenant and representation is made for the specific purpose of inducing the parties to execute the Agreement. 24. DATE OF EXECUTION. The "date of execution" or "execution date" of the Agreement shall be defined as the date upon which it is executed by the parties, if they have each executed the Agreement on the same date. Otherwise, the "date of execution" or "execution date" of this Agreement shall be defined as the date of execution by the party last executing the Agreement. 25. FULL DISCLOSURE. Each party asserts that he or she has made or shall make a full and complete disclosure of all the real and personal property of whatsoever nature and wheresoever located belonging in any way to each of them, of all debts and encumbrances incurred in any manner whatsoever by each of them, and of all sources and amounts of income received or receivable by each party. 26. ENTIRE AGREEMENT. This Agreement contains the entire understanding of the parties, and there are no representations, warranties, covenants or undertakings other than those expressly set forth herein. 27. BREACH. If either party breaches any provision of this Agreement, the other party shall have the rights, at his or her election, either to pursue his or her rights in having the terms of this Agreement enforced as an Order of Court or to sue for specific performance or for damages for such breach, and 11 the party breaching this Agreement shall be responsible for legal fees and costs incurred by the other in enforcing his or her rights under this Agreement. 28. PENNSYLVANIA LAW. The parties agree that the terms of this Agreement and any interpretation and/or enforcement thereof shall forever be governed by the Laws of the Commonwealth of Pennsylvania. 29. WAIVER OF MODIFICATION TO BE IN WRITING. No modification or waiver of any of the terms hereof shall be valid unless made in writing and signed by both of the parties. 30. ADDITIONAL INSTRUMENTS. Each of the parties shall from time to time, at the request of the other, execute, acknowledge, and deliver to the other party any and all further instruments, including Deeds and other real estate-related documents, titles, or other documents that may be reasonably required to give full force and effect to the provisions of this Agreement. 31. SEVERABILITY. If any term, condition, clause or provision of this Agreement shall be determined or declared to be void or invalid in law or otherwise, then only that term, condition, clause or provision shall be stricken from this Agreement, and in all other respects this Agreement shall be valid and shall continue in full force, effect and operation. 32. WARRANTY. Husband and Wife again acknowledge that they have each read and understood this Agreement, and each warrants and represents that it is fair and equitable to each of them. 33. DESCRIPTIVE HEADINGS. The descriptive headings used herein are for convenience only. They shall have no effect whatsoever in determining the rights or obligations of the parties. IN WITNESS WHEREOF, and intending to be legally bound hereby, the parties hereto have hereunto set their hands and seals the day and year first above written. This Agreement is executed in duplicative, and each party hereto acknowledges receipt of a duly executed copy thereof. WITNESSES: D R T HV" ST NE MIC L STRIKE 12 COMMONWEALTH OF PENNSYLVANIA /SS. COUNTY OF .4? On this 3 day of , 2007, before me, the undersigned officer, personally appeared DOROTQy STRINE, 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 piar se erein contained. NOTARY PUBFC 3>*rjeX2M COMMONWEALTH OF PENNSYLVANIA SS. COUNTY OF CL«t L? ?? On this 9 A day of 2007, before me, the undersigned officer, personally appeared MICHAEL STRINE, known to me (or satisfactorily 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. COMMONWEALTH OF PENNSYLVANIA Notary Public EHarold lCumberland AL County bruary 06, 2011 NOTARY PUBLI 13 t`? ? ' r7 rz -- ?? Ywn rw 1 S DOROTHY STRINE, Plaintiff V. MICHAEL STRINE, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA NO. 05-2276 CIVIL TERM CIVIL ACTION - LAW IN DIVORCE PRAECIPE TO TRANSMIT THE RECORD To the Prothonotary: Transmit the record, together with the following information, to the court for entry of a divorce decree: 1. Ground(s) for Divorce: a. Irretrievable Breakdown under §3301(c) of the Divorce Code. 2. Date and manner of service of the Complaint: a. May 3, 2005. 3. Date of execution of the Affidavit of Consent required by §3301(c) of the Divorce Code: a. by Plaintiff. May 10, 2007; by Defendant: August 9, 2007. 4. Date of filing and service of the Plaintiff's affidavit upon the Respondent: a. May 3, 2005. 5. Related claims pending: a. None. 6. Date and manner of service of the notice of intention to file Praecipe to transmit record, a copy of which is attached: a. N/A. 7. Date Waiver of Notice in §3301(c) Divorce was filed with the Prothonotary: a. by Plaintiff May 10, 2007; by Defendant: August 9, 2007. Respectfully submitted, DATE . I ABOM &KUTULA"S, L.L.P &' MAM i - LIUM6 Michelle L. Sommer, squire Supreme Court ID #93034 36 South Hanover Street Carlisle, Pennsylvania 17013 (717) 249-0900 Attorney for Plaintiff ?-' CC:s . 2 --,., ? ? , , ..? -, ???w ? r ..y.,? r-,-. -... ,) , (, ^? - Y f ? ? DOROTHY STRINE, THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA VS. NO. 05 - 2276 CIVIL MICHAEL STRINE, Defendant IN DIVORCE ORDER OF COURT AND NOW, this U day of , 2007, the economic claims raised in the proceedings 0 having been resolved in accordance with a marital settlement agreement dated August 9, 2007, the appointment of the Master is vacated and counsel can file a praecipe transmitting the record to the Court requesting a final decree in divorce. BY THE COURT, Q W?CA ?Edgar B. Bayley, P.J. cc: N chelle L. Sommer 'Attorney for Plaintiff ichael Strine n Defendant c \" r? `?f CD Fwt ul.. l.l.. ! ?`r . _.. N ? DOROTHY STRINE, Plaintiff V. MICHAEL STRINE, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA NO. 05-2276 CIVIL TERM CIVIL ACTION - LAW IN DIVORCE MARITAL SETTLEMENT AGREEMENT THIS AGREEMENT, made this 9th day of August 2007, between DOROTHY STRINE, (hereinafter referred to as "WIFE"), and MICHAEL STRINE, (hereinafter referred to as "HUSBAND"). WITNESSETH: WHEREAS, Husband and Wife were lawfully married on June 21, 1986, in Cumberland County, Pennsylvania; WHEREAS, three (3) children were born of this marriage: Elizabeth Strine, born May 4, 1987, who died one day after birth at Harrisburg Hospital; Amanda Strine, born November 23, 1988, and Anthony Strine, born September 14,1990; WHEREAS, disputes and difficulties have arisen between the parties, and it is the present intention of Husband and Wife to live separate and apart, and the parties hereto are desirous offsetting 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 past, present, and future support and/or maintenance of Wife by Husband or Husband by Wife; the settling of all matters between them relating to the equitable division of martial property; and, in general, the settling of any and all claims and possible claims by one against the other or against their respective estates; and WHEREAS, Husband and Wife declare that each has had a full and fair opportunity to obtain independent legal advice of counsel of his or her selection; that Wife has been represented by Michelle L. Sommer, Esquire, of Abom & Kutulakis, L.L.P., and that Husband has been represented by Hal Irwin, III, Esquire, of Irwin Law Offices. The parties represent and warrant that they have fully disclosed to each other all assets of any nature owned by each, all debts or obligations for which the other party may be liable in whole or part, and all sources and amounts of income. The parties acknowledge that they fully understand the facts, and they acknowledge 1 and accept that this Agreement is, under the circumstances, fair and equitable, and that it is being entered into freely and voluntarily, 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 improper or illegal agreement or agreements. 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, Husband and Wife, each intending to be legally bound hereby, covenant and agree as follows: 1. PERSONAL RIGHTS. It shall be lawful for each Husband and Wife 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 parties shall be free from any control, restraint, interference or authority, direct or indirect, by the other in all respects as fully as if they were unmarried, except as may be necessary to carry out the provisions of this Agreement. Husband and Wife shall not molest, harass, disturb or malign each other or the respective families of each other nor compel or attempt to compel the other to cohabit or dwell by any means in any manner whatsoever with him or her. 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. MUTUAL RELEASE. Husband and Wife each do hereby mutually remise, release, quitclaim and forever discharge the other, for all time to come, and for all purposes whatsoever, of and from any and all rights, titles and interests, or claims in or against the property (including income and gains from property hereinafter 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, the estate of such other or any part thereof, whether arising out of any former act, 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, family exception or similar allowance, or under the interest 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 law of Pennsylvania, any state, commonwealth or territory of the United States, or any other country, or the right to act as personal representative of the estate of the other; or any rights which any party may now have or any time hereafter have for past, present, future support, maintenance, alimony, alimony pendente lite, counsel fees, costs or expenses, whether arising as a result of the martial relation or otherwise; except all rights 2 and agreements and obligations of whatsoever nature arising or which may arise under this Agreement or for breach of any provision hereof. It is the intention of Husband and Wife to give to each other, by the execution of the Agreement, a full, complete and general release with respect to any and all property of any kind or nature, real, personal or mixed, which the other now owns or may hereafter acquire, except and only except all rights and agreements and obligations of whatsoever nature arising or which may arise under this Agreement or for the breach of any provision hereof. It is further specifically understood and agreed by and between the parties hereto that each accepts the provisions herein made by the other in lieu of and in full settlement and satisfaction of any and all of their rights against the other or any past, present and future claims on account of support and maintenance; that it is specifically understood and agreed that the payments, transfers and other considerations herein recited so comprehend and discharge any and all such claims by each other against the other, and are, inter alia, in full settlement and satisfaction and in lieu of their past, present and future claims against the other in account of maintenance and support, and also alimony, alimony pendente lite, counsel fees, costs and expenses, as well as any and all claims to equitable distribution of property, both real and personal, and any other charge of any nature whatsoever pertaining to any divorce proceedings which may have been or may be instituted in any court in the Commonwealth of Pennsylvania or any other jurisdiction, including any other counsel arising in any manner whatsoever, except as may be incurred in connection with a breach of the Agreement as set forth hereinafter in paragraph 25. 3. RELEASE OF TESTAMENTARY CLAIMS. Except as provided for in this Agreement, each of the parties hereto shall have the right to dispose of his or her property by last will and testament or otherwise, and each of them agrees that the estate of the other, whether real, personal or mixed, shall be and belong to the person or persons who would have become entitled thereto as if the decedent had been the last to die. Except as set forth herein, this provision is intended to constitute a mutual waiver by the parties of any rights to take against each other's estate whatsoever, and is intended to confer third-party beneficiary rights upon the other heirs and beneficiaries of each. Either party may, however, make such provision for the other as he or she may desire in and by his or her last will and testament; and each of the parties further covenants and agrees that he or she will permit any will of the other to be probated and allowed administration; and that neither Husband nor Wife will claim against or contest the will and estate of the other except as necessary to enforce any breach by the decedent of any provision of this Agreement. Each 3 of the parties hereby releases, relinquishes and waives any and all rights to act as personal representative of the other party's estate. Each of the parties hereto further covenants and agrees for himself and herself and his or her heirs, executors, administrators or assigns, for the purpose of enforcing any of the right relinquished under this Agreement. 4. FINANCIAL DISCLOSURE. The parties waive their rights to require the filing of financial statements by the other, although the parties have been advised by their respective attorneys that it is their legal right to have these disclosures made prior to entering into this Agreement. Without reliance upon financial disclosure, the parties are forever waiving their right to request or use that as a basis to overturn this Agreement or any part thereof. 5. INCOME TAX CONSIDERATIONS. The transfers of property pursuant to this Agreement are transfers between Husband and Wife incident to their divorce and as such are nontaxable, with no gain or loss recognized. The transferee's basis in the property shall be the adjusted basis of the transferor immediately before the transfer. The transfers herein are an equal division of marital property for full and adequate consideration and as such will not result in any gift tax liability. 6. PENSION, PROFIT-SHARING, RETIREMENT, CREDIT UNION OR OTHER EMPLOYMENT-RELATED PLANS. The parties hereto expressly waive and relinquish any right, claim, title or interest in any pension, profit-sharing, retirement, credit union or other employment- related plans in which the other has any interest by virtue of his or her past or present employment, whether vested or unvested, matured or unmatured. 7. STRUCTURED SETTLEMENT ANNUITY. The parties hereto expressly agree that the Structured Settlement Annuity from Allstate, presently payable solely to Wife, shall remain the sole property of Wife, and Husband expressly waives and relinquishes any right, claim, title or interest in said annuity. 8. EQUITABLE DISTRIBUTION OF MARITAL PROPERTY. The parties have attempted to distribute their marital property in a manner which conforms to the criteria set forth in Section 3502 of the Pennsylvania Divorce Code and taking into account the following considerations: the length of marriage; the age, health, station, amount and sources of income, vocational skills, employability, estate, liabilities and needs of each of the parties; the contribution of each party to the education, training or increased earning power of the other party; the opportunity of each party for further acquisitions of 4 capital assets and income; the sources of income of both parties, including but not limited to medical, retirement, insurance or other benefits; the contribution or dissipation of each party in the acquisition, preservation, depreciation or appreciation of the martial property, including the contribution of each spouse as a homemaker the value of the property set apart to each party; the standard of living of the parties established during the marriage; and the economic circumstances of each party at the time the division of the property is to become effective. The division of existing marital property is not intended by the parties to constitute in any way a sale or exchange of assets, and the division is being effected without the introduction of outside funds or other property not constituting martial property. The division of property under this Agreement shall be in full satisfaction of all marital rights of the parties. 9. MOTOR VEHICLES. The parties agree that Husband shall have full and sole possession of the 1995 Oldsmobile Cutlass, and Wife shall have and sole possession of the 1998 Chrysler Sebring. On or before the date of the execution of this Agreement, the parties shall execute the titles to the said vehicles, if appropriate, so as to effectuate the transfer as herein provided. Furthermore, each party shall become solely responsible for the financial obligation associated with the vehicle he or she is to retain pursuant to this Agreement and each party agrees to indemnify and hold harmless the other party from any and all liability therefore. 10. DIVISION OF HOUSEHOLD AND PERSONAL PROPERTY. The parties hereto have divided between themselves, to their mutual satisfaction, all items of tangible and intangible marital property. Neither party shall make any claim to any such items of marital property, or of the separate person property of each party, which are now in the possession and/or under the control of the other. Should it become necessary, the parties each agree to sign, upon request, and tides or documents necessary to give effect to this paragraph. Property shall be deemed to be in the possession or under the control of either party if, in the case of tangible personal property, the item is physically in the possession or control of the party at the time of the signing of this Agreement and, in the case of intangible personal property, if any physical or written evidence of ownership, such as passbook, checkbook, policy or certificate of insurance or other similar writing is in the possession or control of the party. From and after the date of the signing of this Agreement, both parties shall have complete freedom of disposition as to their separate property and 5 any property which is in their possession or control, pursuant to this Agreement, and may mortgage, sell, grant, convey, or otherwise encumber or dispose of such property, whether real or personal, whether such property was acquired before, during, or after marriage, and neither Husband nor Wife need join in, consent to, or acknowledge any deed, mortgage, or other instrument of the other pertaining to such disposition of property. Wife acknowledges that there are items of personal property belonging to Husband and Husband's family members being stored in two garages located on the marital property. It is agreed by the parties that Husband shall remove all items of personal property belonging to him and his family from the marital residence no later than July 31, 2007. Husband shall make advance arrangements with Wife to enter the marital property in order to remove and retain his personal belongings. 11. REAL ESTATE. The parties acknowledge that they are the joint owners of the marital residence situate at 167 Ken-Lin Drive, Carlisle, Cumberland County, Pennsylvania. The parties agree that Wife shall become the sole owner of the marital residence. The parties acknowledge that the marital residence is currently encumbered with a 1" Mortgage held by Ocwen Loan Servicing and with a 2nd Mortgage held by Beneficial. Pursuant to the terms outlined in more detail in Paragraph 12, Wife shall be solely responsible for all future mortgage payments due and owing on the 1" Mortgage held by Ocwen Loan Servicing and Husband agrees to be solely responsible and hold Wife harmless for the obligation from the 2nd Mortgage held by Beneficial. Contemporaneously with the execution of this Agreement, Husband shall execute and deliver to Wife a Deed transferring sole and absolute ownership, right, title and interest in and to the said premises to Wife. Said Deed shall be held in escrow by Wife's attorney until the refinance of the marital home. Husband hereby releases and relinquishes any claim he may now or hereafter have to the said property. The parties acknowledge that Wife is unable to refinance the marital home until the 2nd Mortgage with Beneficial is paid in full. Wife agrees to begin the pre-approval process within fifteen (15) days from the receipt of the lump sum payment of $15,000.00 from Husband. Wife agrees to provide a commitment letter from an established lending institution within thirty (30) days of proof that the Beneficial Loan is paid in full. Wife agrees to close on the refinancing of the marital home within sixty (60) days of obtaining a commitment letter. 6 The parties acknowledge that Wife shall have the sole right to claim any available tax deductions associated with the said residence for any time subsequent to the date of execution of this Agreement. The parties acknowledge that they are the owners of the business named the North Mountain Inn situate at 3636 Wagonner's Gap Road, Carlisle, Cumberland County, Pennsylvania. The parties' acknowledge that the North Mountain Inn has been sold and the proceeds from that sale are being held in escrow. Wife hereby releases and relinquishes any claim she may now or hereafter have to the said property. 12. DEBTS. Husband represents and warrants to Wife that since the separation he has not, and in the future he will not contract or incur any debt or liability for which Wife or her estate might be responsible, and he shall indemnify and save Wife harmless from any and all claims or demands made against her by reason of such debt or obligation incurred by him since the date of said separation, except as otherwise set forth herein. Husband expressly agrees to be solely responsible for and hold Wife harmless from the following debts: a. Beneficial, a 2°d mortgage on the marital home with an outstanding balance of approximately $27,000.00; i. Husband expressly agrees that he will continue to make the required monthly payment of $358.00 to Beneficial in a good faith effort to cease the foreclosure process. ii. Husband expressly agrees that within thirty (30) days of receiving the money in escrow from the sale of the North Mountain Inn that he will pay in full the second mortgage held by Beneficial. b. Fred Baumgardner, a garage bill with an outstanding balance of $1,000.00; and i. Husband expressly agrees that within thirty (30) days of receiving the money in escrow from the sale of the North Mountain Inn that he will pay in full Mr. Baumgardner. c. Husband expressly agrees that within fifteen (15) days of receiving the money in escrow from the sale of the North Mountain Inn he will make a lump sum payment to Wife in the amount of $15,000.00. The lump sum payment is being made in consideration of the past sue amounts 7 owed to Ocwen Loan Servicing and the consolidation loan obtained by the parties through Debtscape, Inc. Wife represents and warrants to Husband that since the separation she has not, and in the future she will not, contract or incur any debt or liability for which Husband or his estate might be responsible, and she shall indemnify and save Husband harmless from any and all claims or demands made against his by reason of such debts or obligations incurred by her since the date of said separation, except as otherwise set forth herein. Wife expressly agrees to be solely responsible for and hold Husband harmless from the following debts: a. Debtscape, Inc., a debt consolidation obligation with an outstanding balance of approximately $11,600.00; b. Ocwen Loan Servicing, the primary 1" mortgage on the marital home, all mortgage payments in arrearages; as well as, and including any unpaid taxes due on the marital home. 13. CUSTODY OF CHILDREN. Three children were born of this marriage: Elizabeth Strive, born May 4, 1987; Amanda Strine, born November 23, 1988; and Anthony Strive, born September 14, 1990. Elizabeth died one day after birth at Harrisburg Hospital. The parties shall share legal custody of the said remaining children. The parties agree that the said children will remain in the primary physical custody of Wife, subject to Husband's rights of partial custody at such times as can be agreed to by the parties, and subject to the following conditions: a. For such period of time as the children remain in the primary physical custody of Wife, she shall be entitled to claim any appropriate dependency exemptions and child care expense credits for tax purposes. b. Telephone Contact. The parties agree that the children are to have liberal rights of telephone contact with the non-custodial parent, no matter who is exercising his or her right to physical custody. c. Medical Care/Treatment. Both Husband and Wife shall be immediately informed as to the medical care and treatment of the children. d. Relocation. Upon the knowledge of a pending relocation, temporary or permanent, of either parent, that parent must immediately inform the other of his or her new address and telephone number. 8 14. CHILD SUPPORT. Husband and Wife have reached an agreement as to support for their minor children. Husband will make a payment of $900 per month through June 2007 and the $500 per month through September 2008. If in the event, Husband does not make regular payments to Wife in that amount, Wife will pursue Child Support for the Children through the Domestic Relations Section of Cumberland County, and that agency will maintain control and jurisdiction over support in this matter. 15. DEATH OF EITHER PARTY. Both the Husband and Wife agree that upon either of their deaths they will provide for their minor children as said beneficiaries in their Last Will and Testament. 16. LIFE INSURANCE. Both the Husband and Wife agree that any life insurance policies in place upon the Effective Date of this Agreement shall designate as irrevocable beneficiaries the parties' Children, or if administratively required a trustee for the benefit of the parties' Children. 17. MEDICAL INSURANCE. Wife shall provide medical insurance for the children of the parties for such period of time as it is available to her without cost or with minimal cost through her employment. Husband shall continue to maintain and provide his own medical insurance coverage. In the event that Wife's medical insurance coverage is terminated or becomes unavailable without cost, Husband shall be responsible for payment of any cost necessary to continue maintenance of the coverage for the benefit of the children, or he shall be responsible to provide alternate medical insurance coverage equivalent to a standard Blue Cross and Blue Shield policy. The obligations set forth herein shall continue until such time as each child had graduated from college or has earlier terminated his/her education. The parties shall equally share all medical, dental, prescription, eye care, orthodontic and counseling expenses for the children which are not otherwise paid by medical insurance until each child has graduated from college or has earlier terminated his or her education. Husband shall reimburse Wife within fifteen (15) days for any unreimbursed expenses she incurs for the children. 18. POST-HIGH SCHOOL EDUCATION. The parties each acknowledge herein that it is their intent to contribute to the expenses associated with the college or other post-high school education for their children. Husband specifically agrees that he will contribute to any cost of future education of said minor children in excess of $10,000.00. Wife will make the initial $10,000.00 payment, and once that threshold has been met, Husband and Wife shall equally be responsible for all remaining expenses, 9 splitting the cost 50/50. Such expenses would include, without limitation, tuition, room and board, lab fees, miscellaneous student fees, books and student supplies, transportation expenses for summers and other school breaks, clothing and miscellaneous spending money; however, the provisions herein acknowledging the parties intent, shall not in any manner, confer third party beneficiary rights unto their children for the payment of said expenses. If applicable, both parents shall be involved in and have input into the choice of academic institutions selected by the children. 19. COUNSEL FEES AND COSTS. Husband and Wife each agree to pay and be responsible for their own attorney's fees and costs incurred with respect to the negotiation of this property settlement agreement and the divorce proceedings related thereto. 20 DIVORCE. A Complaint in divorce has been filed to No. 05-2276 in the Court of Common Pleas of Cumberland County, Pennsylvania, and either party shall be free to proceed without further delay to secure the divorce. Both parties shall sign an affidavit evidencing their consent to the divorce, pursuant to Section 3301(c) of the Divorce Code. In the event, for whatever reason, either party fails or refuses to execute such affidavit upon the other party's timely request, that party shall indemnify, defend and hold the other harmless from any and all additional expenses, including actual counsel fees, resulting from any action brought to compel the refusing party to consent. Each party hereby agrees that a legal or equitable action may be brought to compel him or her to execute a consent form and that, absent some breach of this Agreement by the proceeding party, there shall be no defense to such action asserted. 21. BANKRUPTCY. The parties further warrant that they have not heretofore instituted any proceedings pursuant to the bankruptcy laws nor are there any such proceedings pending with respect to them that have been initiated by others. It is stipulated and agreed by the parties that the terms of this Agreement as they resolve the economic issues between the parties incidental to their divorce and the obligations of the parties to each other resulting there from shall not be dischargeable in bankruptcy, should either party file for protection under the Bankruptcy Code at any time after the date of execution of this Agreement. 22. RECONCILIATION. Notwithstanding reconciliation between the parties, this agreement shall continue to remain in full force and effect absent a writing signed by the parties stating that this Agreement is null and void. 10 23. INCORPORATION IN FINAL DIVORCE DECREE. The terms of this Agreement shall be incorporated but shall not merge in the final divorce decree between the parties. The terms shall be incorporated into the final divorce decree for the purposes of enforcement only and any modification of the terms hereof shall be valid only if made in writing and signed by both of the parties. Any court having jurisdiction shall enforce the provision of this Agreement as if it were a Court Order. This Agreement shall survive in its entirety, resolving the spousal support, alimony, equitable distribution and other interests and rights of the parties under and pursuant to the Divorce Code of the Commonwealth of Pennsylvania, and no court asked to enforce or interpret this Agreement shall in any way change the terms of this Agreement. This Agreement may be enforced independently of any support order, divorce decree or judgment and its terms shall take precedence over same, remaining the primary obligation of each party. This Agreement shall remain in full force and effect regardless of any change in the marital status of the parties. It is warranted, covenanted and represented by Husband and Wife, each to the other, that this Agreement is lawful and enforceable, and this warranty, covenant and representation is made for the specific purpose of inducing the parties to execute the Agreement. 24. DATE OF EXECUTION. The "date of execution" or "execution date" of the Agreement shall be defined as the date upon which it is executed by the parties, if they have each executed the Agreement on the same date. Otherwise, the "date of execution" or "execution date" of this Agreement shall be defined as the date of execution by the party last executing the Agreement. 25. FULL DISCLOSURE. Each party asserts that he or she has made or shall make a full and complete disclosure of all the real and personal property of whatsoever nature and wheresoever located belonging in any way to each of them, of all debts and encumbrances incurred in any manner whatsoever by each of them, and of all sources and amounts of income received or receivable by each party. 26. ENTIRE AGREEMENT. This Agreement contains the entire understanding of the parties, and there are no representations, warranties, covenants or undertakings other than those expressly set forth herein. 27. BREACH. If either party breaches any provision of this Agreement, the other party shall have the rights, at his or her election, either to pursue his or her rights in having the terms of this Agreement enforced as an Order of Court or to sue for specific performance or for damages for such breach, and 11 the parry breaching this Agreement shall be responsible for legal fees and costs incurred by the other in enforcing his or her rights under this Agreement. 28. PENNSYLVANIA LAW. The parties agree that the terms of this Agreement and any interpretation and/or enforcement thereof shall forever be governed by the Laws of the Commonwealth of Pennsylvania. 29. WAIVER OF MODIFICATION TO BE IN WRITING. No modification or waiver of any of the terms hereof shall be valid unless made in writing and signed by both of the parties. 30. ADDITIONAL INSTRUMENTS. Each of the parties shall from time to time, at the request of the other, execute, acknowledge, and deliver to the other party any and all further instruments, including Deeds and other real estate-related documents, titles, or other documents that may be reasonably required to give full force and effect to the provisions of this Agreement. 31. SEVERABILITY. If any term, condition, clause or provision of this Agreement shall be determined or declared to be void or invalid in law or otherwise, then only that term, condition, clause or provision shall be stricken from this Agreement, and in all other respects this Agreement shall be valid and shall continue in full force, effect and operation. 32. WARRANTY. Husband and Wife again acknowledge that they have each read and understood this Agreement, and each warrants and represents that it is fair and equitable to each of them. 33. DESCRIPTIVE HEADINGS. The descriptive headings used herein are for convenience only. They shall have no effect whatsoever in determining the rights or obligations of the parties. IN WITNESS WHEREOF, and intending to be legally bound hereby, the parties hereto have hereunto set their hands and seals the day and year first above written. This Agreement is executed in duplicative, and each party hereto acknowledges receipt of a duly executed copy thereof. WITNESSES: LQ/4 C? D R T ST N] MIC L STRINE 12 COMMONWEALTH OF PENNSYLVANIA SS. COUNTY OF (?r1E?t r I ji On this 3 day of , 2007, before me, the undersigned officer, personally appeared DOROT STRINE, 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 NOTARY COMMONWEALTH OF PENNSYLVANIA COUNTY OF jIC contained. ? ?? ?' J%me 24 =0 I SS. On this 9 day of Ct 2007, before me, the undersigned officer, personally appeared MICHAEL STRINE, known to me (or satisfactorily 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. COMMONWEALTH OF PENNSYLVANIA F ARIAL SEAL n Iii, Esq, Notary Public Cumberland County expires February 06, 2011 NOTARY PUBLI 13 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY STATE OF PENNA. DOROTHY STRINE Plaintiff No. 2oos-2276 VERSUS MICHAEL STRINE Defendant DECREE IN DIVORCE 2007 IT IS ORDERED AND AND NOW, DECREED THAT DOROTHY STRTN • , PLAINTIFF, AND MICHAEL STRINE DEFENDANT, ARE DIVORCED FROM THE BONDS OF MATRIMONY. THE COURT RETAINS JURISDICTION OF THE FOLLOWING CLAIMS WHICH HAVE BEEN RAISED OF RECORD IN THIS ACTION FOR WHICH A FINAL ORDER HAS NOT YET BEEN ENTERED; W wk, The Marital Settlement Agreement is incorporated, but not merged. BY T HE C IO,LJORT: ATTEST: -..- A I J PROTHONOTARY ?o 6r.-3 gyp. Of -,,5