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HomeMy WebLinkAbout01-5214lN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA STARR LYNN MEJIA, Plaintiff BIENVENIDO A. ME JlA, Defendant CIVIL ACTION- LAW NO. 2001- ~o~lg IN DIVORCE NOTICE TO DEFEND AND CLAIM RIGHTS You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take prompt action. You are warned that if you fail to do so, the case may proceed without you and a decree of divorce or annulment may be entered against you by the Court. A judgment may also be entered against you for any other claim or relief requested in these papers by the Plaintiff. You may lose money or property or other rights important to you, including custody or visitation of your children. When the ground for the divorce is indignities or irretrievable breakdown of the marriage, you may request marriage counseling. A list of marriage counselors is available at the Domestic Relations Office, 13 North Hanover Street, Carlisle, Pa. You are advised that this list is kept as a convenience to you and you are not bound to choose a counselor from the list. All necessary arrangements and the cost of counseling sessions are to be borne by you and your spouse. If you desire to pursue counseling, you must make your request for counseling within twenty (20) days of the date on which you receive this notice. Failure to do so will constitute a waiver of your right to request counseling. IF YOU DO NOT FILE A CLAIM FOR ALIMONY, MARITAL PROPERTY, COUNSEL FEES OR EXPENSES BEFORE THE FINAL DECREE OF DIVORCE OR ANNULMENT IS ENTERED, YOU MAY LOSE THE RIGHT TO CLAIM ANY OF THEM. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 (717) 249-3166 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA STARR LYNN MEJIA, Plaintiff BIENVENIDO A. MEJIA, Defendant CIVIL ACTION - LAW NO. 2OOl- / q IN DIVORCE COMPLAINT IN DIVORCE AND NOW, this 22nd day of August, 2001 comes Plaintiff, Starr Lynn Mejia, proceeding pro se, and files the following Complaint in Divorce, and in support thereof avers as follows: 1. The Plaintiffis Starr Lynn Mejia, who currently resides at 117 Woodview Drive, Mt. Holly Springs, Cumberland County, Pennsylvania 17065. 2. The Defendant is Bienvenido A. Mejia, who currently resides at 117 Woodview Drive, Mt. Holly Springs, Cumberland County, Pennsylvania 17065. 3. The Plaintiff and Defendant are adult individuals, and both have been bona fide residents of the Commonwealth of Pennsylvania for a period of more than six (6) months immediately preceding the filing of this Complaint in Divorce. The parties were married on April 12, 1991 in Middletown, Monmouth County, New Jersey. 5. The marriage is irretrievably broken. The foregoing facts are averred and brought under Sections 3301(c) of the Divorce Code of 1980, as amended. 6. The Plaintiffhas been advised of the availability ofcotmseling, and that the Plaintiff may have the right to request that the Court require the Parties to participate in counseling, and Plaintiff waives same. WHEREFORE, Plaintiff requests Your Honorable Court to enter a Decree in Divorce, divorcing the Plaintiff from the Defendant. Respectfully submitted, Start Lynn Mejia,C/Pro Se - 117 Woodview Drive Mt. Holly Springs, PA 17065 VERIFICATION This statement and verification are made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unswom falsification to authorities, which provides that if I make knowingly false averments, I may be subject to criminal penalties. Starr Lynn Mejia ff ' 1N THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA STARR LYNN ME JlA, Plaintiff VS. BIENVENIDO A. MEJIA, Defendant CIVIL ACTION--LAW NO. 2001-5214 IN DIVORCE ACCEPTANCE OF SERVICE I, Michael J. Hanft, Esquire, accept service of the Complaint in Divorce in the above- captioned matter on behalf of my client, Bienvenido A. Mejia, and I certify that I am authorized to do so. LAW OFFICE OF MICHAEL J. HANFT Date: · / Attomey ID No. 57976 19 Brookwood Avenue, Suite 106 Carlisle, PA 17013-9142 (717) 249-5373 Attorney for Defendant ~ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA STARR LYNN MEJIA, Plaintiff BIENVEN1DO A. MEJIA, Defendant CIVIL ACTION - LAW NO. 2001-5214 IN DIVORCE AFFIDAVIT OF CONSENT COMMONWEALTH OF PENNSYLVANIA ) : SS. COUNTY OF CUMBERLAND ) 1. A Complaint in divorce under Section 3301(c) of the Divorce Code was filed on September 4, 2001. 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety days have elapsed from the date of filing and service of the Complaint. 3. I consent to the entry of a final decree of divorce after service of notice of intention to request entry of the decree. I verify that the statements made in this affidavit are true and c/on~ect. I understand that false statements hereivare msde subject to the penalties of 18 Pa. C. S., Se~tiog 4904 relating to unswom falsification ~ut~fii~es. Date:/Z/. /o, / / ~~Defendmt Swom to ~d subschbed before me ~is [~¢~ dayof~~ ,200L IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA STARR LYNN ME$IA, Plaintiff BIENVENIDO A. MEJIA, Defendant CIVIL ACTION - LAW NO. 2001-5214 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 ifI 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 unswom falsificati? t,., 0;~. Date: ~"~D~ fendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA STARR LYNN MEJIA, Plaintiff BIENVENIDO A. MEJIA, Defendant CIVIL ACTION - LAW NO. 2001-5214 IN DIVORCE AFFIDAVIT OF CONSENT COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND SS. 1. A Complaint in divorce under Section 3301(c) of the Divorce Code was filed on September 4, 2001. 2. The marriage of Plaintiffand Defendant is irretrievably broken and ninety 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 at, er service of notice of intention to request entry of the decree. I verify that the statements made in this affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C. S., Section 4904 relating to unsworn falsification to authorities. Date: ]:~,.! 11/~! S t ~ L~, Mei~nti.f/~f ~ ~ Sworn to and subscribed before me this II'4~ day of ~i~dt~/~b~'r~ ,2001. Notary Public IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA STARR LYNN MEJIA, Plaintiff BIENVENIDO A. MEJIA, Defendant CIVIL ACTION - LAW NO. 2001-5214 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 ifI 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 unswom falsification to authorities. Date: Starr Lynn IVfeji~, Plaintiff ' IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA STARR LYNN MEJIA, Plaintiff VS. BIENVENIDO A. MEJIA, Defendant CiVIL ACTION--LAW NO. 2001-5214 IN DiVORCE ACCEPTANCE OF SERVICE I, MICHAEL J. HANFT, ESQUIRE, accept service of the Complaint in Divorce in the above-captioned matter on behalf of my client, Bienvenido A. Mejia, and I certify that I am authorized to do so. LAW OFFICE OF MICHAEL J. HANFT Date: December 20, 2001 Micha~squile~ Attorney ID No. 57976 19 Brookwood Avenue, Suite 106 Carlisle, PA 17013-9142 (717) 249-5373 Attorney for Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA STARR LYNN MEJIA, Plaintiff VS. BIENVENIDO A. MEJIA, Defendant CIVIL ACTION--LAW NO. 2001-5214 IN DIVORCE ACCEPTANCE OF SERVICE I, MICHAEL J. HANFT, ESQUIRE, attomey for the Defendant, Bienvenido A. Mejia, hereby certify that the Divorce Complaint was served upon my client by personal service on September 7, 2001. LAW OFFICE OF MICHAEL J. HANFT Date: September 10, 2001 Michael J. Hanft, Esqu/~e Attorney 1D No. 57976 19 Brookwood Avenue, Suite 106 Carlisle, PA 17013-9142 (717) 249-5373 Attorney for Defendant MARRIAGE SETTLEMENT AGREEMENT THIS AGREEMENT, made this 22nd day of August, 2001, by and between BIENVENIDO A. MEJIA, of Mt. Holly Springs, Cumberland County, Pennsylvania, party of the first part, hereinafter referred to as "Husband" and STARR LYNN MEJIA of Mt. Holly Springs, Cumberland County, Pennsylvania, party of the second part, hereafter referred to as "Wife." WITNESSETH: WHEREAS, Husband and Wife were married on April 12, 1991, in Middletown, Monmouth County, New Jersey; and WHEREAS, Husband and Wife have been living separate and apart from each other since August 1, 2001; WHEREAS, Husband and Wife are residents of the Commonwealth of Pennsylvania and have been so for at least the past six (6) months; and WHEREAS, certain diverse, unhappy differences have arisen between the parties hereto which have made them desirous of continuing to living separate and apart from one another; and WHEREAS, Husband and Wife desire to settle and determine certain of their marital rights and obligations, and make an equitable distribution of their marital property; WHEREAS, there were two (2) children bom of the marriage: CAESAR A.B. MEJIA, bom December 14, 1994, hereafter referred to as "Caesar" and EMILIA M.D. MEJIA, bom July 3, 1999, hereinafter referred to as "Emilia" and Page 1 of 16 WHEREAS, it is the intention and purpose of this Agreement to set forth the respective fights and duties of the parties while they continue to live apart from each other and to settle all financial and property rights between them; and WHEREAS, the parties hereto have mutually entered into agreement for the division of their jointly owned assets, the provisions for the liabilities they owe, and provisions for the resolution of their mutual differences, after both have had full and ample opportunity to consult with their respective attorneys, and the parties now wish to have that agreement reduced to writing. NOW, THEREFORE, the parties hereto in consideration of the mutually made and to be kept promises set forth herein and for other good and valuable consideration, intending to be legally bound and to legally bind heirs, successors, assigns, and personal representatives, do hereby covenant, promise and agree as follows: ARTICLE I: SEPARATION 1.1 It shall be lawful for Husband and Wife at all times hereafter to live separate and apart from each other and to reside fzom time to time at such place or places as they shall deem fit free fi'om any control, restrain, or interference, direct or indirect, by each other. Neither party shall molest the other or compel or endeavor to compel the other to cohabit or dwell with him or her by any legal or other proceedings. The foregoing provision shall not be taken to be an admission on the part of either Husband or Wife of the lawfulness of the causes leading to them living separate and apart. Page 2 of 16 ARTICLE II: DIVORCE 2.1 This Agreement is not predicated on divome. It is specifically understood and agreed by and between the parties hereto and to each of the said parties does hereby warrant and represent to the other that the execution and delivery of this Agreement is not predicated upon nor made subject to any agreement for institution, prosecution, defense, or for the non-prosecution or non-defense of any action for divome; provided, however, that nothing contained in this Agreement shall prevent or preclude either of the parties hereto from commencing, instituting or prosecuting any action or action for divorce, either absolute or otherwise, upon just, legal and proper grounds; nor to prevent either party from defending any such action which has been, may, or shall be instituted by the other party, or for making any just or proper defense thereto. 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 Husband and Wife to execute this Agreement. Husband and Wife each knowingly and understandingly hereby waive any and all possible claims of this Agreement is, for any reason, illegal, or for any reason whatsoever of public policy, unenforceable in whole or in part. Husband and Wife do each hereby warrant, covenant and agree that, in anypossible event he an she are and ever shall be estopped from asserting any illegality or unenforceability as to all or any part of this Agreement. 2.2 It is further specifically understood and agreed that the provision of this Agreement relating to the equitable distribution of property of the parties are accepted by each party as a final settlement Page 3 of 16 of for all purposes whatsoever. Should either of the parties obtain a decree, judgment or order of separation or divorce in any other state, county, or jurisdiction, each of the parties to this Agreement hereby consents and agrees that this Agreement and all its covenants shall not be effected in anyway by any such separation or divome; and that nothing in any such decree, judgment, order or further modification or revision thereof shall alter, amend or vary any term of this Agreement, whether or not either or both of the parties should remarry, it being understood by and between the parties that this Agreement shall survive and shall not be merged into any decree, judgment or order of divorce or separation. 2.3 It is specifically agreed that a copy of this Agreement may be incorporated by reference into any divorce judgment or decree if or whenever sought by any of the parties hereto. It is understood by the parties that a divorce complaint has been filed by Wife in the Court of Common Pleas of Cumberland County, Pennsylvania. Such incorporation, however, shall not be regarded a merger, it being the intent of the parties to permit Agreement to survive any such agreements. ARTICLE 111: EQUITABLE DISTRIBUTION OF MARITAL PROPERTY 3.1 The parties have attempted to divide their marital property in a manner which conforms to the criteria set forth in Section 3502 of the Pennsylvania Domestic Relations Code, and taking into account the following considerations: the length of the marriage; the prior marriages of the parties; the age, health, station, amount and sources of income, vocational skills, employability, estate, Page 4 of 16 liabilities, and need for each of the parties; the contribution of one party to the education, training or increased earning power of the other party; the opportunity of each party for future acquisition of capital assets and income; the sources of income of both parties, including, but not limited to medical, retirement, insurance or other benefits; the contribution of dissipation of each party in the acquisition, preservation, depreciation, or appreciation of marital property, including the contribution of a party as a homemaker; the value of the property set apart to each party; the standard of living of the parties established during their marriage. 3.2 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 marital property. The division of property under this Agreement shall be in full satisfaction of all fights of equitable distribution of the parties. 3.3 The parties shall retain sole and exclusive right, title and possession of all personal property currently in their possession. Except as provide for herein, Husband shall make no claim whatsoever for any personal property in Wife's possession. Additionally, except as provided for herein, Wife shall make no claim whatsoever for any personal property in Husband's possession. Should it be necessary for either party to execute any documents to convey title to any such personal property in the other party's possession, they shall do so within thirty (30) days of the execution of this Agreement or within thirty (30) days of the request from the opposing party. Page 5 of 16 3.4 Except as provided herein, Wife waives any fight or interest she may have in Husband's employment benefits, including any retirement plan, stock option purchase plan, profit sharing plan or related matters. Except as provided herein, Husband waives any right or interest he may have in Wife's employment benefits, including any pension benefits, retirement plan, stock option purchase plan, profit sharing plan or related matters. a. Husband has a 401(k) retirement plan with Arnold Transportation Services. Said account is with Fidelity Investments and had a balance of $41,495.13 as of August 17, 2001. Husband and Wife have agreed that Husband shall borrow Twenty Thousand Dollars ($20,000.00) from said account and give said monies to Wife as full consideration of any equitable distribution she may be entitled to in said account and as consideration for the other promises and covenants contained in this Agreement. Both parties agree that this is a fair and accurate division of Husband's pension and all other marital assets as provided for in the Pennsylvania Domestic Relations Code. The Parties agree that Husband shall be solely responsible for paying back said loan and will do so within five (5) years of taking out said loan. 3.5 Husband and Wife agree to waive and relinquish any and all right that he or she may now have or hereafter acquire in any real or tangible personal property subsequently acquired by the other party. Husband and Wife specifically agree to waive and relinquish any right in such property that may arise as a result of the marriage relationship. Page 6 of 16 3.6 Contemporaneously with the execution of this Agreement, Wife shall transfer to Husband, by special warranty deed, any and all of Wife's right, title and interest in and to that parcel of real estate known as 117 Woodview Drive, Mt. Holly Springs, Cumberland County, Pennsylvania that as of the date of this Agreement the parties owned as tenants by the entireties. Said transfer is subject to those liens, judgments or mortgages of record as of the date of conveyance, all of which shall thereafter become the sole and exclusive obligation of Husband. Specifically, the Parties acknowledge that there is a $130,000.00 balance due on a mortgage to Sun Trust Mortgage, Inc., said mortgage having account number 0139246045. Said mortgage shall become the sole obligation of Husband and he shall be solely responsible for the repayment of same. The Parties acknowledge that Husband shall not be required to refinance said mortgage provided he is current with all mortgage payments due under said mortgage. Husband shall indemnify and hold Wife hat,fless firom any and all claims regarding said mortgage or said real estate. ARTICLE IV: RELEASE OF SUPPORT FOR HUSBAND AND WIFE 4.1 The parties herein acknowledge that by this Agreement they have respectively secured and maintained a substantial and adequate fund with which to provide themselves sufficient resources to provide for their comfort, maintenance, and support in the station of life in which they are accustomed. Except as provided herein, Husband and Wife do hereby waive, release and give up any fights they may respectively have against the other for alimony pendente lite, spousal support, or maintenance. Page 7 of 16 4.2 Husband and Wife specifically waive, release and give up any rights for alimony that they may be entitled to pursuant to Chapter 37 of the Pennsylvania Domestic Relations Code. ARTICLE V: DEBTS OF THE PARTIES 5.1 Each party represents to the other that except as otherwise specifically set forth herein, there are no major outstanding obligations of the parties, that since the separation neither party has contracted for any debts for which the other will be responsible and each party indemnifies and holds harmless the other for all obligations separately incurred or assumed under this Agreement. In the event either party contracted for or incurred any debts since the date of separation, the party who incurred said debt shall be responsible for the payment thereof regardless of the name in which the account may have been charged. Husband and Wife acknowledge and agree that they have no outstanding debts or obligations of the Husband and Wife incurred prior to the signing of this Agreement. 5.2 Each party relinquishes any fight, title and interest he or she may have to any and all motor vehicles currently in the possession of the other party. Within thirty (30) days of the date of execution of this document, each party shall execute the necessary documents to have said vehicles properly registered in the other party's name with the Pennsylvania Department of Transportation. Page 8 of 16 It is the intention of the parties that the 1994 Ford Explorer shall be transferred solely to Wife. It is the intention of the parties that the 1998 Ford Ranger shall be transferred solely to Husband and that Husband shall be solely responsible for the repayment of the loan on said vehicle. Husband shall indemnify and hold Wife harmless from and against any claims made on said loan. ARTICLE VI: CUSTODY AND SUPPORT OF CHILDREN 6.1 The parties agrees to shared legal and physical custody of the children of the marriage. Both Husband and Wife shall be responsible for the day to day decisions when they have custody of the children. Neither party has the right to make a unilateral decision of the following major issues: Education; Medical treatment (other than emergency treatment); and General welfare. It is agreed between the parties that any decisions on these issues will be made jointly. 6.2 Each party agrees to keep the other apprized of any and all matters relating to the children's health, education, welfare, and activities. 6.3 Husband and Wife acknowledge their obligation to contribute to the support of their children. a. From the date hereof an until the $20,000 loan referenced in Paragraph 3.4(a) above, is paid back in full, Husband shall pay $100.00 per week for the support of Caesar and Emilia. The parties hereby agree that the provisions concerning child support Page 9 of 16 may be entered as a support order in the Court of Common Pleas of Cumberland County or at such other appropriate Court. Child support shall continue for each child until said child reaches eighteen (18) years of age or graduates fi.om High School, whichever occurs later. The Parties hereby agree that Husband shall carry children on his health insurance coverage as long as the children are eligible. Wife agrees to reimburse Husband one half of said cost. The parties agree that they will equally share in any unreimbursed medical expenses incurred for the care of either of their children. 6.4 Beginning with the tax year that ends December 31, 2001, the parties hereby agree that for Income Tax purposes, Husband shall claim Caesar as a Dependant and Wife shall claim Emelia as Dependent. ARTICLE VII: MISCELLANEOUS PROVISIONS 7.1 The Parties hereto have retained independent legal counsel or have had the opportunity to do so and have waived same. It is specifically agreed that Husband is represented by Michael J. Hanft, Esquire and Wife is proceeding Pro Se. Wife has been advised of her right to be represented by counsel and has waived same. Wife specifically agrees that she has not relied upon any advice, legal or otherwise, fi.om Michael J. Hanft, Esquire regarding this Agreement. The provisions of this Page 10 of 16 Agreement and their legal effect have been fully explained to the parties by their respective counsel or the parties have waived their right to have legal advice regarding the meaning and implication of this Agreement. The parties acknowledge and accept that this Agreement is, in the circumstances, fair and equitable, that it is being entered into freely and voluntarily, after having received such advice and with such knowledge that execution of this Agreement is not the result of any duress or undue influence and that it is not the result of any collusion or improper or illegal agreement or agreements. 7.2 Husband and Wife do hereby mutually remise, release, quitclaim, and forever discharge the other and the estate of the other, for all times to come and for all purposes whatsoever, of and from any and all legal fight, title and interest, or claims in or against the property of the other or against the estate of the 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 acts, contracts, engagements, or liabilities of such other as by way of dower or curtesy, or claims in the nature of dower or curtesy or widow's or widower's rights, family exemption, or similar allowance, or under the intestate laws, or the right to take against the spouse's will; or the right to treat a lifetime conveyance by the other as testamentary, or all other rights of a surviving spouse to participate in a deceased spouse's estate, whether arising under the laws of(a) Pennsylvania, (b) any state, commonwealth, or territory of the United States, or (c) any other country, or any rights which either party may have or at any time hereafter have for past, present, or future support or maintenance, alimony, alimony pendente lite, source fees, costs or expenses, whether Page 11 of 16 arising as a result of the marital relation or otherwise, except and only except, all fights and agreements and obligations of whatsoever nature arising or which may arise under this Agreement or for the breach of any thereof. It is the intention of Husband and Wife to give to each other by execution of this Agreement a full, complete, and general release with respect to any and all property of any kind or nature, real or personal, not 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 thereof. 7.3 Each party represents that since separation, they have not heretofore incurred or contracted for any debt or liability or obligation for which the estate of the other party may be responsible or liable, except as may be provided for in this Agreement. Each party agrees to indemnify and hold the other party harmless from and against any and all such debts, liabilities or obligations of each of them, including those for necessities, except for the obligations arising out of this Agreement. Husband and Wife each warrant, covenant, represent and agree that each will, now and at all times hereafter, save ham~less and keep the other indemnified from all debts, charges, and liabilities incurred by the other after the execution date of this Agreement, except as is otherwise specifically provided herein. Page 12 of 16 7.4 No waiver or modification of any of the te~ms of this Agreement shall be valid unless in writing and signed by both parties and no waiver of any breach hereof or default hereunder shall be deemed a waiver of any subsequent default of the same or similar nature. 7.5 This Agreement shall be construed in accordance with the laws of the Commonwealth of Pennsylvania which are in effect as of the date of this Agreement. 7.6 This Agreement shall be binding and shall inure to the benefit of the parties hereto and their respective heirs, executors, administrators, successors and assigns. 7.7 This Agreement constitutes the entire understanding of the parties and supersedes any and all prior agreements and negotiations between them. There are no representations or warranties other than those expressly set forth herein. 7.8 If any term, condition, clause, section, 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 Page 13 of 16 provision shall be stricken from this Agreement, and in all other respects, this Agreement shall be valid and continue in full fome, effect, and operation. Likewise, the failure of any party to meet his or her obligation under any one or more of the articles and sections herein shall in no way void or alter the remaining obligations of the parties. 7.9 It is specifically understood and agreed that this Agreement constitutes an equitable distribution of property, both real and personal, which was legally and beneficially acquired by Husband and Wife, or either of them, during the marriage as contemplated by the Domestic Relations Code of the Commonwealth of Pennsylvania. 7.10 The parties warrant and represent that they have made full disclosure o fall assets prior to the execution of this Agreement. Each party represents and warrants that he or she has made a full and fair disclosure to the other o fall of his or her personal property interests of any nature, including any mortgage, pledge, lien, charge, security interest, encumbrance, or restriction to which any property is subject. Each party further represents that he or she has made a full and fair disclosure of all debts and obligations of any nature for which he or she is currently liable or may become liable. Each further represents and warrants that he or she has not made any gifts or transfers for inadequate consideration of Marital Property without the prior consent of the other. Each further warrants, represents, and declares that each is and has been fully and completely informed of and is familiar with and is cognizant of the wealth, real and/or personal property, estate and assets, earnings and Page 14 of 16 income of the other and that each has made a full and complete disclosure tot he other of his and her entire assets and liabilities and any further enumeration or statement thereof in this Agreement is specifically waived. Each party acknowledges that, to the extent desired, he or she has had access to all joint and separate State and Federal Tax Returns (including supporting documentation) filed by or on behalf of either or both Parties during marriage. 7.11 In the event either party to this Agreement shall breach any term, covenant or other obligation herein, the non-breaching party shall be entitled, in addition to all other remedies available at law or in equity, to recover from the breaching party all costs which the non-breaching party may incur, including but not limited to filing fees and attorney's fees, in any action or proceeding to enforce the terms of this Agreement. 7.12 This Agreement shall survive any action for divorce and decree of divorce and shall forever be binding and conclusive on the parties; and any independent action may be brought, either at law or in equity, to enforce the te,t~ls of this Agreement by either Husband or Wife until it shall have been fully satisfied and performed. The consideration for this Agreement is the mutual benefits to be obtained by both of the parties hereto and the covenants and agreements of each of the parties to the other. The adequacy of the consideration for all agreements herein contained is stipulated, confessed, and admitted by the parties, and the parties intend to be legally bound hereby. Page 15 of 16 7.13 The parties both agree to cooperate with each other in obtaining a final divorce of the marriage. It is agreed that the parties will execute and file the consents necessary to obtain the divorce. Any party who fails to cooperate with obtaining the Divorce shall pay all the costs and legal fees of the party who is seeking the divorce. IN WITNESS WHEREOF, the parties have set their hands and seals the day and year first above wfiuen. WITNESSED BY: ,~fejia Starr Lynn Meji~r ' ~/~-~ Page 16 of 16 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA STARR LYNN MEJIA, Plaintiff BIENVENIDO A. MEJIA, Defendant CIVIL ACTION - LAW NO. 2001-5214 IN DIVORCE PRAECIPE TO TRANSMIT RECORD To the Prothonotary: Transmit the record, together with the following information, to the court for entry of a divorce decree: Ground for divorce: irretrievable breakdown under Section 3301(c) of the Divorce Code. ~ 2. 2001.: 3. Date and manner of service of the complaint: Via personal service on September 7, Date of execution of the Plaintiff's affidavit of consent required by Section 3301 (c) of the Divorce Code; December 11, 2001; by the Defendant; December 10, 2001. 4. Related claims pending: None. 5. Date Plaintiff's Waiver of Notice in §3301(c) Divorce was filed with the Prothonotary: December 12, 2001. Date Defendant's Waiver of Notice in §3301(c) Divorce was filed with the Prothonotary: December 12, 2001. Date: l{ HANFT & KNIGHT, P.C. Attorney I.D. No. 57976 19 Brookwood Avenue, Suite 106 Carlisle, PA 17013-9142 (717) 249-5373 Attorneys for Defendant IN The COURT OF COMMON OF CUMBERLAND COUNTY STATE OF ~ PENNA. Plaintiff VERSUS BTRNVENIDO A. MEJIAr Defendant PLEAS N o. 2001-5214 civil Action - Law AND NOW, DECREED That AND DEcree IN DIVORCE ~ A. ~__JIA £;EFENDANT, ARE DIVORCED FROM THE BONDS OF MATRIMONY. THE COURT RETAINS JURISDICTION OF THE FOLLOWING CLAIMS WHICH HAVE BEEN RAISED Of RECORD IN THIS ACTION FOR WHICH A FINAL ORDER HAS NOT YEt BEEN ENTERED; The Marriage Settlemmnt Agrc~--~aent ~atedAugust 22, 2001 is incorporated by reference. ~ROTHONOTARY