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HomeMy WebLinkAbout05-2302 . ('.. FLOYD L. EWING, JR., Plaintiff ; IN THE COURT OF COMMON PLEAS ; CUMBERLAND COUNTY, PENNSYLV vs. ; NO. (\S: - .J3t:\J... CIVIL ACTION - LAW IN DIVORCE AMBER R. EWING, Defendant NOTICE TO DEFEND AND CLAIM RIGHTS YOU HAVE BEEN SUED IN COURT. If you wish to defend against the clai s set forth in the following pages, you must take action. You are warned that, if you fail to do s , the case may proceed without you and a decree of divorce or annulment be entered against y u by the Court. A judgment may also be entered against you for any other claim or relief reques ed in these papers by the Plaintiff. You may lose money or property or other rights important t you, including custody or visitation of your children. IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPE LAWYER'S FEES OR EXPENSES BEFORE A DIVORCE OR ANNULMEN GRANTED, YOU MAY LOSE THE RIGHT TO CLAIM ANY OF THEM. When the ground for divorce is indignities or irretrievable breakdown of the m you may request marriage counseling. A list of marriage counselors is available in the 0 the Prothonotary, Cumberland County Courthouse, One Courthouse Square, C Pennsylvania. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF OU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPH NE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LE AL HELP. LAWYER REFERRAL SERVICE of tbe Cumberland County Bar Association 32 Soutb Bedford Street Carlisle, PA 17013 Telepbone (800)-990-9108 FLOYD L. EWING, JR., Plaintiff : IN THE COURT OF COMMON PLEA OF : CUMBERLAND COUNTY, PENNSYL ANIA vs. NO. AMBER R. EWING, Defendant CIVIL ACTION - LAW IN DIVORCE A VISO PARA DEFENDER Y RECLAMAR DERECHOS USTED HA SIDO DEMANDADO EN LA CORTE. Si desea defenderse de las uejas expuestas en las paginas seguientes, debe tomar accion con prontitud. se Ie avisa que si no se defiende, el caso pude proceder sin usted y decreto de divorcio 0 anulamiento puede ser e itido en su contra por las Corte. una decision puede tambien ser emitida en su contra par ca quier otra queja 0 compensacion eclamados por el demandante. Usted puede perder din ro, 0 propiedades u otros derechos importantes para usted. Cuando la base para el divorcio es indignidades 0 rompimiento irreparabl del matrimonio, usted puede solicitar consejo matrimonial. Una lisla de consejeros matrimo . ales esta disponible en la oficina del Prothonotary, en la Cumberland County Court of Co on Pleas, One Courthouse Square, Carlisle, Pennsylvania. SI USTED NO RECLAMA PENSION ALIMENTICIA, PROPIEDAD MARl HONORARlOS DE ABOGADO U OTROS GASTOS ANTES DE QUE EL DEC FINAL DE DIVORCIO 0 ANULAMIENTO SEA EMTIDO, USTED PUEDE PE EL DERECHO A RECLAMAR CUALQUIERA DE ELLOS. USTED DEBE LEV AR ESTE P APEL A UN ABOGADO DE INMEDIA TO. SO NO TIENE 0 NO PVEDE PAGAR UN ABOGADO, VAYA 0 LLAME A LA OFIC NA INDICADA ABAJO PARA AVERlGUAR DONDE PVEDE OBTENER ASISTEN IA LEGAL. Lawyer Referral Service of the Cumberland County Bar Association 32 South Bedford Street Carlisle, P A 17013 Telefono (800) 990-9108 FLOYD L. EWING, JR., Plaintiff vs. : IN THE COURT OF COMMON PLEA OF : CUMBERLAND COUNTY, PENNSYL ANIA NO. O~ - nl3D~ C., ILL ~ AMBER R. EWING, Defendant CIVIL ACTION - LAW IN DIVORCE COMPLAINT UNDER SECTION 3301(C) OR 3301(0) OF THE DOMESTIC RELATIONS CODE AND NOW, comes Plaintiff, Floyd 1. Ewing, by and through his counsel, Lin a A. Clotfelter, Esquire, and files this Complaint in Divorce, respectfully stating in support there fthe following: I. Plaintiff is Floyd 1. Ewing, an adult individual who currently resides at 283 Leib Road, Mechanicsburg, Cumberland County, Peunsylvania 17055. 2. Defendant is Amber R. Ewing, an adult individual who currently resides 22 Otto Street, Carlisle, Cumberland County, Pennsylvania 17013. 3. Both the Plaintiff and the Defendant have been bona fide residents of the Commonwealth of Pennsylvania for at least six (6) months immediately previous to the filin of this Divorce Complaint. 4. Plaintiff and Defendant were married on March 23, 2004, in Cumberland Cou ty, Pennsylvania. 5. The parties have been separate and apart within the meaning of the Pennsylv la Domestic Relations Code since July 30, 2004. 6. There have been no prior actions of divorce or for annulment between the partie . 7. Defendant is not a member of the armed forces of the United States or y of its allies. 8. Plaintiff avers that the marriage is irretrievably broken. 9. Plaintiff has been advised of the availability of counseling and that Plain ff may have the right to request that the court require the parties to participate in counseling. laintiff does not desire counseling. WHEREFORE, Plaintiff respectfully requests that this Court enter a Decree of Ivorce and grant such other relief as this court deems just and proper. Respectfully submitted, LAW FIRM OF LINDA A. CLOTFELTER Dated: t.f /ktl 0 ') I nda A. Clotfelter, Esquire ttorney ID No. 72963 5021 East Trindle Road, Suite 100 Mechanicsburg, P A 17050 (717) 796-1930 Telephone (717) 796-1933 Facsimile Attorney for Plaintiff FLOYD L. EWING, JR., Plaintiff : IN THE COURT OF COMMON PLEA OF : CUMBERLAND COUNTY, PENNSYL ANIA VS. : NO. AMBER R. EWING, Defendant : CIVIL ACTION. LAW : IN DIVORCE VERIFICATION I, FLOYD 1. EWING, JR., verify that the statements in the foregoing DIV RCE COMPLAINT are true and correct to the best of my knowledge, information and bel ef. 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: 9- z,9 -03- () (.<:;l. 1- - ~ ~ ~ ,...> 0 (") = \:) C ,::.':' -n ~~ :1..,., .-c'". -- ~ 8 )~... P'f: ;..<. _,..-,1) , - \ Tr',CJ .... I> x:- :~.~~ (-t, tN (1 p:d -0 .-" f"- ~ ~Jc";, ..c::. C:...,I ?',)in ---.c; tf? . ~ \ 1:::, '.'7 F ~ {'oJ '0 ".-< -J FLOYD L. EWING, JR., Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v. : NO. 05-2302 CIVIL TERM AMBER R. EWING, Defendant CIVIL ACTION - LAW IN DIVORCE NOTICE TO PLEAD TO: Floyd L. Ewing, Jr. C/o Linda A. Clotfelter, Esquire 5021 East Trindle Road, Suite 100 Mechanicsburg, P A 17050 You are hereby notified to file a written response to the enclosed Answer and Counterclaim within twenty (20) days from service hereof or a judgment may be entered against you. Attorney for Amber R. Ewing FLOYD L. EWING, JR., Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYL VANIA v. : NO. 05-2302 CIVIL TERM AMBER R. EWING, Defendant CIVIL ACTION - LAW IN DIVORCE ANSWER AND COUNTERCLAIM AND NOW, comes the Defendant, Amber R. Ewing, by and through her counsel, the Law Offices of Silliker and Reinhold, by Kristin R. Reinhold, Esquire, and respectfully presents her Answer and Counterclaim as follows: I. Admitted. 2. Admitted. 3. Admitted. 4. Admitted. 5. Denied. It is denied that the parties have Jived separate and apart since July 30, 2004. To the contrary, the parties have lived as man and wife within the same household until April 1,2005, when they separated. 6. Admitted. 7. Admitted. 8. Denied. It is denied that the marriage is irretrievably broken. To the contrary, Defendant believes and therefore avers there is a reasonable prospect of reconciliation. 9. Denied. After reasonable investigation, Defendant is without sufficient knowledge to determine the truth of this averment, and therefore it is denied. COUNTERCLAIM COUNT I EQUITABLE DISTRIBUTION 10. Paragraphs one through nine are incorporated herein by reference. II. During their marriage, Plaintiff and Defendant have acquired various items of marital property, both real and personal, which are subject to equitable distribution under Sections 3501 et.seq. of the Divorce Code of 1980. WHEREFORE, Defendant respectfully requests this Honorable Court equitably distribute all marital property,. both real and personal, owned by the parties. COUNT II ALIMONY 12. Paragraphs one through eleven are incorporated herein by reference. 13. Defendant lacks sufficient property to provide for her reasonable needs. 14. Defendant is unable to sufficiently support herself through appropriate employment. 15. Plaintiff has sufficient income and assets to provide continuing and indefinite support for the Defendant. WHEREFORE, Defendant requests this Honorable Court compel the Plaintiff to pay alimony to the Defendant. COUNT III ALIMONY PENDENTE LITE, COUNSEL FEES. COSTS AND EXPENSES 16. Paragraphs one through fifteen are incorporated herein by reference. 17. By reason of the institution of the action to the above term and number, Defendant will be and has been put to considerable expense in the preparation of her case, in the employment of counsel, and the payment of costs. 18. Defendant is without sufficient funds to support herself and to meet the costs and expenses of this litigation and is unable to appropriately maintain herself during the pendency of this action. 19. The Defendant's income is not sufficient to provide for her reasonable needs and pay her attorney's fees and the costs of this litigation. 20. The Plaintiff has adequate earnings to provide support for the Defendant and to pay her counsel fees, costs and expenses. WHEREFORE, Defendant respectfully requests this Honorable Court compel the Plaintiff to pay alimony pendente lite as well as pay the Defendant's counsel fees, costs and expenses. Date: l)J;::)Fj / oS I ~ , -' / ~isti 5922 inglestown Road Harrisburg,PA 17112 (717) 671-] 500 1.0. No. 57911 Attorney for Amber R. Ewing AFFIDAVIT I, , hereby certifY that the aforegoing is true and correct to the best of my knowledge, information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C. S. 4909 relating to unsworn falsifications to authorities. Dated: 2{) MCl~ DS Umhu. ;;~ (2) ~ A::) t ~ \l - 0 - ~ c ...., ~ P:!I (") = ;- ~ = en ...c: 6"- ~.".- <- :i! ~ W ""'Ucc c:: m~ J-~ mrn x ZT ~O :Z:t~_~ I f ~'.'. a-. _.-;6 ~cS -g-r. -u .." :n ~() :::a: '0 ~ --() Cf! cyn - >c --' ~ ?ii 55 (:) .< r- ~ FLOYD L. EWING, JR., Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA vs. NO. 05-2302 CIVIL TERM AMBER R. EWING, Defendant CIVIL ACTION - LAW IN DIVORCE AFFIDAVIT OF SERVICE I, Linda A. Clotfelter, Esquire, counsel for Plaintiff, Floyd 1. Ewing, Jr., do hereby affirm that the original return receipt of the Complaint in Divorce sent by Certified Mail, Restricted Delivery, Return Receipt Requested, which return receipt appears to contain the signature of Amber R. Ewing, is set forth below. The undersigned understands that the statements herein are made subject to the penaJties of 18 P.S. 9 4904 relating to unsworn falsification to authorities. Sf NDER COMPLETE THIS SECTION . Complete items 1, 2, and 3. Also complete item 4 if Restricted Delivery is desired. . Print your name and address on the reverse so that we can return the card to you. . Attach this card to the back of the mailpiece, or on the front if space permits. ,. Article Addressed to: B. Received by ( Printed Name) t t~v' iI/6 D. Is delivery address different from item 1? If YES. enter delivery address below: Amber R. Ewing 22 Otto Street Carlisle, PA 17031 3. Service Type all Certified Mall o Registered o Insured Mall o Express Mail ~eturn Receipt for Merchandise DC.a.D. 4. Restricted Delivery? (Extra Fee) 0 Yes 2. Article Number (Transfer from setvJce label) PS Form 3811, February 2004 Domestic Return Receipt 102595-0U;~1ti Respectfully submitted, Dated:~ 1t.f!o<3l OFFICE OF LINDA A. CLOTFELTER inda A. Clotfelter, Esquire ttorney ID No. 72963 021 East Trindle Road, Suite 100 Mechanicsburg, P A 17050 (717) 796-1930 , , . FLOYD L. EWING, JR., Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : V8. : NO. 05-2302 CML TERM AMBER R. EWING, Defendant : CIVIL ACTION - LAW : IN DIVORCE CERTIFICATE OF SERVICE AND NOW, this /,-/t'" day of June, 2005, tlJe undersigned hereby certifies that a true and correct copy of tlJe foregoing AFFIDA VII OF SERVICE was served upan the oppasing party by way of United States first class mail, postage prepaid, addressed as follows: Kristin R. Reinhold, Esquire 5922 Linglestown Road Harrisburg, PA 17112 Attorney for Defendant Date: (Q / i'-/ / b ') DA A. CLOTFELTER, ESQ orney I.D. 72963 021 E. Toodle Road, Suite 100 Mechanicsburg, P A 17050 (717) 796-1930 telephone (717) 796-1933 facsimile Attorney for Plaintiff -- (") ,.... .. c '::"i'\ ,'- e ~.:;;; Co :;:1 <. rnrn ~ rt-'l :;?"J::) - :zr;:: (f? ,,"'';'- <. --'- ~',-- c:::CJ l>rJ . ~~:J . ,)......c: I ~ FLOYD L. EWING, JR., Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA vs. NO. 05-2302 CIVIL TERM AMBER R. EWING, Defendant : CIVIL ACTION - LAW IN DIVORCE AFFIDAVIT OF CONSENT I. A Complaint in Divorce under Section 3301 (c) of the Divorce Code was filed on May 4, 2005. 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety (90) days have elapsed from the date of filing and service of the Complaint. 3. I consent to the entry of a final decree of divorce after service of notice of intention to request entry of the decree. 4. I understand that I may lose rights concerning alimony, division of property, lawyer's fees and expenses if I do not claim them before a divorce is granted. 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. Date:z.. -z 3 -o<P ~~~ FLO . EWING, JR., Plaintiff r<:~ c:' C~ , FLOYD L. EWING, JR., Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA vs. : NO. 05-2302 CIVIL TERM AMBER R. EWING, Defendant CIVIL ACTION - LAW IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER ~ 3301 (C) OF THE DIVORCE CODE I. I consent to the entry of a final decree of divorce without notice. 2. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if 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. S 4904 relating to unsworn falsification to authorities. Date: z- 23 -04- ~ FLOY 1. EWING, JR., Plaintiff ,~-~ ...:~-~ ""-": o:c FLOYD L. EWING, JR., Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYL VANIA vs. : NO. 05-2302 CIVIL TERM AMBER R. EWING, Defendant : CIVIL ACTION - LAW : IN DIVORCE AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under Section 3301 (c) of the Divorce Code was filed on May 4, 2005. 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety (90) days have elapsed from the date of filing and service of the Complaint. 3. I consent to the entry of a final decree of divorce after service of notice of intention to request entry of the decree. 4. I understand that I may lose rights concerning alimony, division of property, lawyer's fees and expenses if I do not claim them before a divorce is granted. 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. Date: mCh\ ~ aoow ~ J\m'a> y AMBER R. EWING, en ndant - - o c S. -ocr: 1'111'-', -~f,~ en. --"'...........:.; ~~:) ::PC 2'; ..-< ,...:) c:::> c:::::> r:;ro :r: ::JlI- -< ~ -4 :I::!] ie 06 ::::ir:..... -' -rl 00 2m 8 ~ o :P' ::J: - - .. (".0.) N . .' - FLOYD L. EWING, JR., Plaintiff vs. : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYL VANIA : NO. 05-2302 CML TERM AMBER R. EWING, Defendant : CIVIL ACTION - LAW : IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER 6 3301 (C) OF THE DIVORCE CODE 1. I consent to the entry of a fmal 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: \t\ C}~ ~ ~ \)\)"0 \ ~~~~ AMBER R. EWING, Defe t - (") c: S. -0 CD n'\fl ~~:~ ~C ~b J>C z ~ ,..., c:::> c:::> 0"" :s ~ ~ ....... ~~ o ~~ ~ ~.~ ::: S w ~ &"oJ . MARITAL SETTLEMENT AGREEMENT THIS AGREEMENT, made this ~ day of ---11IOJA ,2006, between AMBER R. EWING, hereinafter referred to as (WIFE) and FLO\rn L. EWING, JR., (hereinafter referred to as HUSBAND). WITNESSETH: WHEREAS, Husband and Wife were lawfully married on March 23, 2004, in Cumberland County, Pennsylvania; and WHEREAS, a child was born during this marriage, namely, Hailey B. Ewing, born April 24, 2004; and 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 of settling 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 marital 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 Husband has been represented by Linda A. Clotfelter, Esquire and that Wife has been represented by Kristin Reinhold, Esquire, of Silliker & Reinhold. 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 and accept that this Agreement, is, under the circumstances, fair and equitable, and tlJat 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. 1 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. 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 against the other party whether arising as a result of the marital relation or otherwise; except all rights and agreements and obligations of whatsoever nature arising or which may arise under this Agreement or for 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 and it further specifically agreed that each party is granting the other with a general release as to any and all claims of any nature whatsoever. 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 assert rights as a spause against each other's estate whatsoever, and is intended to confer third-party beneficiary rights upon the other heirs and beneficiaries of each. 2 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 and by entering into this Agreement without reliance upan 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. 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. 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 affected without the introduction of outside funds or other property not constituting marital property. The division of property under this Agreement shall be in full satisfaction of all marital rights of the parties. A. MOTOR VEHICLES. The parties agree that each shall have full and sole possession of any vehicles that are presently in his or her possession. 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 3 the other party from any and all liability therefor. More specifically, Wife shall retain as her sole and separate property the 2004 Jeep Liberty and she shall be solely responsible for any and all liabilities related to the vehicle and she shall hold Husband harmless from same. The parties specifically agree that Wife shall refinance the joint secured loan obligation for the vehicle being retained by Wife within thirty (30) days of the effective date of this Agreement such that Husband is released from any and all liability for same. In addition, Husband shall retain as his sole and separate property the pick up truck within his passession and he shall be solely responsible for any and all liabilities related to the truck and he shall hold Wife harmless from same. The parties specifically acknowledge that Husband has previously refinanced the secured loan for the truck he is to retain and Wife was released from any and all liability for that loan obligation at the time of the refinance. Both parties agree to sign any and all documentation to effectuate the terms of this provision immediately upon a request for same by the other party. B. DMSION OF HOUSEHOLD AND PERSONAL PROPERTY. The parties hereto have divided between themselves, to their mutual satisfaction, all items of tangible and intangible marital property and it is acknowledged by the parties that the personal property within each party's possession or control shall be designated as that party's sole and separate property and the other party waives any and all rights in same. Should it become necessary, the parties each agree to sign, upon request, any 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, it 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. C. DISTRIBUTION OF CASH ASSETS. STOCKS AND BONDS. The parties agree that they have distributed to each, to their mutual satisfaction, the sums deposited in the marital bank accounts. The parties further agree that they shall retain as their respective sole and separate property any other depository or brokerage accounts, stocks, or bonds held in their respective individual names. 4 8. 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. 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 respansible, and she shall indemnify and save Husband harmless from any and all claims or demands made against him by reason of such debts or obligations incurred by her since the date of said separation, except as otherwise set forth herein. The parties agree that Wife shall be solely responsible for the Gold's Gym debt incurred during the time of the marriage and as well as any bank fees incurred by Wife for the electronic transfer of Husband's truck payment at or about the time of separation of the parties, and Wife shall hold Husband harmless therefore. The parties further acknowledge that there are no other marital debts that need to be distributed between them. 9. 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. 10. ALIMONY. ALIMONY PENDENTE LITE. COUNSEL FEES AND EXPENSES. Both parties accept the provisions of this Agreement in lieu of and in full and fInal settlement and satisfaction of all claims and demands that they may now or hereafter have against the other for alimony, alimony pendente lite, counsel fees or expenses, or for any other provisions for support and maintenance before, during and after the commencement of any proceedings for the divorce or annulment between the parties. 11. DIVORCE. A Complaint in Divorce has been filed to Civil Docket No. 05-2302 Civil 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 within seven (7) days of request for same. In the event, for whatever reason, either party fails or refuses to execute such affidavit upan the other party's timely request, that party shall indemnify, defend and 5 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 tlJat, absent some breach of this Agreement by the proceeding party, there shall be no defense to such action asserted. 12. 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 which 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 tlJeir divorce and the obligations of the parties to each other resulting therefrom 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. The payments called for in this Agreement are not intended to be a debt which is affected by a discharge in bankruptcy and the terms of this Agreement are not subject to discharge in bankruptcy because the parties acknowledged that such are necessary for the parties to meet their financial obligations and to support and maintain their standard ofliving as well as that of the parties' children. The parties acknowledge that there are not bankruptcy proceedings presently pending and tlJey agree not to file a bankruptcy action prior to the completion of their respective obligations pursuant to this Agreement. Furthermore, any debt addressed in this Agreement shall not be discharged in a bankruptcy action filed by or on behalf of one of the parties hereto. Also, if either party files for bankruptcy, this Agreement shall constitute conclusive evidence of the parties' intent that the obligations in the nature of maintenance and support are not dischargeable under current bankruptcy law or under any amendment thereto. Further if either party institutes any action in bankruptcy or any other bankruptcy proceeding is instituted in which a party's right to have payments made by the other becomes a matter for judicial review, the parties agree to consent to any motion filed by the other with the bankruptcy courts, wherein the party may request that the bankruptcy courts abstain from deciding the dischargeability of said obligation and any other obligations to said party thereunder in order to allow the appropriate Court of Common Pleas to rule upon this issue. 6 13. 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. 14. 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 ifit 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. 15. EFFECTIVE DATE OR DATE OF EXECUTION. The "effective date", "date of execution" or "execution date" of the Agreement shall be defmed as the date upon which it is executed by the parties if they have each executed the Agreement on the same date. Otherwise, the "effective date", "date of execution" or "execution date" of this Agreement shall be defmed as the date of execution by the party last executing the Agreement. 16. 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. 7 17. 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. 18. BREACH. If either party breaches any provision of this Agreement, the other party shall have the right, 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 d"m"ges for such breach, and 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. 19. PENNSYL VANIA 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 Pennsylvania. 20. WAIVER OR 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. 21. 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. 22. 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. 23. WARRANTY. Husband and Wife again acknowledge that they have each read and understand this Agreement, and each warrants and represents that it is fair and equitable to each of them. 24. 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. 8 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 duplicate, and each party hereto acknowledges receipt of a duly executed copy thereof. WITNESSES: ~~~ AMBER R. EWING ~ ~ L 1. EWING, JR. 9 . COMMONWEALm OF PENNSYLVANIA On thic2rJ day of ~ ' 2006, before me, the undersigned officer, personally appeared AMB~WING, known to me (or satisfactonly proven) to be the person whose name is subscribed to the within Agreement, and acknowledged that she executed the same for the purposes therein contained. SS. COUNTY OF My Commission Expires: NOTARIAL 8JlAL ... DniIbIch, N-, PabHo X- Paxtoa Twp., DaupIaiD Count)' My CommI..1oa I!xpireI Nov. 3D, 2006 ~~L COMMONWEALm OF PENNSYLVANIA SS. COUNTY OF ~iMJ On this ~ day of ~ ' 2006, before me, the undersigned officer, personally apreared FLOYD L. E NG, JR., 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. My Commission Expires: COMMONWEALTH OF PENNSYLVANIA NoIariaI Seal Lally A..I6(, NolaIy Public C8mp HI Bolo, Cumberland County MyCommillion Expires Feb. 17,2010 Member, Penn8ylvanla Aesoclation of Notaries No~D(}e 10 ,.,~ n.'._....._~_. ,~.._.,.~-~,.~.~---,_.__.,._.~. ~1,~\D~~. ,Jl.;5iA'0'i1 \! ~~:":~'~~'~~~i!:;'~~~ ~i:_;:~:~,:~~::~;;;;'~;~. r .., '-1' () ~ 0 0:::=) ~;: c::;) "T1 0-' t" ::x :i! !: > rn :!1 .....0: :g~ ill C") .~~-l ( '''y-'-:', ". ('j;;3 C; :::.: .-..l) C5 Om c: -I :;?": 55 ----l .< CJ -< FLOYD L. EWING, JR., Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA vs. : NO. 05-2302 CIVIL TERM AMBER R. EWING, Defendant : CIVIL ACTION - LAW : IN DIVORCE PRAECIPE TO TRANSMIT RECORD TO THE PROTHONOTARY: Kindly transmit the record, together with the following information, to the Court for entry of a divorce decree: 1. The ground for divorce is irretrievable breakdown under Section 3301 (c) of the Divorce Code. 2. The Complaint was filed on May 4, 2005. 3. Date and manner of Service of the Complaint: May 12, 2005 by Affidavit of Service of Defendant, as evidenced by the same filed on June 15,2005. 4. The Plaintiff's Affidavit of Consent was executed by the Plaintiff on February 23, 2006 and filed on February 28, 2006. The Defendant's Affidavit of Consent was executed on May 2, 2006, and filed on May 10,2006. 5. Plaintiff executed a Waiver of Notice of Intention to Request Entry of a Divorce Decree under 3301 (c) of the Divorce Code on February 23,2006, and said waiver was filed on February 28, 2006. Defendant executed a Waiver of Notice of Intention to Request Entry of a Divorce Decree under 3301 (c) of the Divorce Code on May 2, 2006, and said waiver was filed on May 10, 2006. 6. There are no outstanding claims pending between the parties. The parties have resolved all outstanding issues by written Marital Settlement Agreement dated May --' 2006, that I shall be incorporated but not merged into the divorce decree pursuant to Paragraph 14 on Page 7 of the Marital Settlement Agreement. Respectfully submitted, LAW FIRM OF LINDA A. CLOTFELTER Date: 5 It ro I 0'-' L' da A. Clotfelter, Esquire rney I.D. No. 72963 5021 East Trindle Road, Suite 100 Mechanicsburg, P A 17050 (717) 796-1930 telephone o C -'1:.'~: rl"lr ~? ~i"~.-' <.~ ~IE _Cl<C. :2; ::<: ...., = = <>" :x ;t>.o -<: ~ ~:n ~gj Bt,l ""4-;. ::J::;:l"l Qo om -4 ~ \.D ",. :% '? c:> ;t; ;t; '" !Ii IN THE COURT OF COMMON PLEAS OFCUMBERLANDCOUNTY STATE OF PENNA. FLOYD L. EWING, JR. PLAINTIFF No. 05-2302 VERSUS AMBER R. EWING DEFENDANT DECREE IN DIVORCE AND NOW, M~,\ 1'"\ , 2006 ' IT IS ORDERED AND DECREED THAT Floyd L. Ewing. Jr. , PLAI NTI FF, AND Amber R. Ewing , DEFENDANT, ARE DIVORCED FROM THE BONDS OF MATRIMONY.* ;t; 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; * IT IS FURTHER ORDERED that the terms of the Marital Settlement Agreement of the parties dated May 10, 2006, shall be incorporated herein, but not merged, for the purposes of enforcement only, as per Patllgr:aph 14 011 page 7 gf same ;t; By THE COURT: PROTHONOTARY ;t; ;t; ;t;'" "''to ;t; ,. ,. '" ,. ,. ,. ,. ,. ,. ,. ;t; !Ii ,. ,. '" ,. ,. ,. ,. ,. ,. ,. ,. ,. ,. J. .. .. ~~ ~ ~ ?1I-'/-'7 ~ ~ ~.~~ ~,}-FJ ~~'1/'~ . ".- .; .. " .